BlueBloggin

Man takes law into his own hands

Dripping Springs resident shows how citizens can bypass law enforcement.

Gary Conner

Gary Conner … ignited a Travis County grand jury investigation into so-called “ghost voting,” the practice of lawmakers at the Texas Capitol voting electronically for colleagues who are not at their desks.

The investigation wrapped last month with the grand jury issuing a report, condemning the practice and calling on the legislators to stop or change their rules, which prohibit members from voting for each other.

Conner got his criminal complaint considered by a grand jury, bypassing law enforcement and the district attorney’s office in the process. He relied on a seldom-utilized Texas law that allows grand juries, bodies that meet in secret and decides whether there is probable cause to issue indictments charging a crime, to take up criminal allegations from ordinary citizens. Usually, the district attorney chooses the cases presented to the grand jury.

Conner’s effort required persistence with the Travis County district attorney’s office and help from a state judge. It appears to reveal avenues for citizens to have criminal complaints investigated and evaluated directly by a panel of fellow members of the community.

“Now, people realize that the grand jury belongs to us. It doesn’t belong to the DA,” Conner said. “If we’re ever going to get our government back — if it’s a government of the people, by the people and for the people — at some point in time, the people have to be respected.”

Travis County District Attorney Ronnie Earle

… the issue was “too political” to be investigated by the Travis County district attorney’s office, which has the authority to investigate state officials through its public integrity unit.   Travis County District Attorney Ronnie Earle has been accused by some lawmakers of allowing politics to dictate whom he prosecutes, a charge that he has denied.

… a rarely-used part of the Texas Code of Criminal procedure that charges grand juries with investigating matters brought to them by any “credible person.”

Article 20.09 of the code states: “The grand jury shall inquire into all offenses liable to indictment … of which they shall be informed by the attorney representing the State, or any other credible person.”

He approached Nancy Gayle, a longtime grand jury bailiff, and said he wanted to hand his complaint to a member of the grand jury when they were not deliberating. Gayle refused, Conner said, and sent him to the district attorney’s office. (Gayle no longer works as a bailiff and could not be reached for comment.)

Conner said assistants to Earle would not allow him to give his complaint to the grand jury and encouraged him to make his complaint with them.  On Feb. 7, Assistant District Attorney Gregg Cox, head of the public integrity unit, wrote Conner stating that his complaint is under review and that “this office will not make any further comment … until the review is completed.” Prosecutors later determined that no crime was committed.

299th District Court Judge Baird

State District Judge Charlie Baird, has been applauded by defense lawyers for what they call standing up to prosecutors, reviewed Conner’s complaint and determined that he had a right to give it to the grand jury.

Baird said it would be ideal for such citizen complaints to go through the district attorney’s office, or at least to be passed by the district attorney’s office to the grand jury members. But in cases when citizens feel they are being denied the ability to make their complaints, he encourages them to approach the judge that has empaneled a sitting grand jury.

A pro-active citizen with determination is what this country needs more of.  This is a proud statement for what the Constitution really intended.  Law enforcement remains at the mercy of elected politicians, whether those politicians are ethical and law abiding or not. Sometimes it is absolutely necessary to bypass the hands that are ties by politics. Justice is more and more trumped by politically motivated agendas.  Money and power must be planted in the right pockets before justice is considered … unless of course, the media can be convinced to intervene.  Even the media is at the mercy of politically motivated advertisers, who also buy the politicians.  Ordinary citizens can become extra-ordinary if they persist.  Get the word out.  There are those who will support your efforts to shine a harsh light onto the shadows of sleazy politics.

Posted by bosskitty July 28th, 2008 | Tags: Accountability, Charlie Baird, Gary Conner, grand jury, lawmakers, Ronnie Earle, Texas Politics | Category: Accountability, Charlie Baird, Gary Conners, Politics, grand jury, lawmakers | Subscribe to comments | Leave a comment | Trackback URL