There is an interesting story out of Texas in the Perry controversy that raises the difference between grand juries and petit juries. One of the grand jurors, Rho Chalmers, who indicted Governor Rick Perry turned out to be a delegate to the Texas Democratic Party convention who not only actively participated in the convention during her service but actually took a picture with a Democratic state representative who appeared as a witness before her jury.
The rules on conflicts are more relaxed for grand jurors due to the larger number of members and the fact that their decisions are only to indict rather than to convict. However, Chalmers’ political work during the pendency of the case raises question of whether a recusal or at least a notice should be required of members. I am not saying that she acted out of political animus. I am perfectly willing to accept her insistence that it was “not a political decision” for her to vote to indict. Yet, the appearance could not be worse in such a case and the question is whether the issue was raised with the special prosecutor, San Antonio lawyer Michael McCrum.
News reports state that Chalmers attended the Democratic convention and commented on its proceedings while the grand jury proceedings were occurring. She was also photographed with Democratic state Sen. Kirk Watson, a witness. It is not known if she discussed the matter with him.
The grand jury was selected in April, 2014 and did not conclude until last week. Yet, on June 27, 2014, Chalmers shared a photo of the Watson event on a community Facebook page stating, “Senator Kirk Watson telling the story of the Wendy Davis fillibuster (sic).”
Numerous posts from both of Chalmers’ Facebook pages — her personal page, which she shares with her husband, Davis, and her “Developer’s Dungeon” page — make clear that she is a partisan Democratic activist, and that she was an active participant in the Texas Democratic Party’s state convention in June while grand jury proceedings were ongoing. Her postings revealed a strong Democratic following and activism for both her and her husband, including her participating in the Rules Committee. She states “The Rules Committee was challenging but fun. A little over half a day to resolve everything but we ‘got er done’!” she wrote. She then liked and shared that post using her personal Facebook page, where she noted that she was “pleasantly surprised that I wasn’t completely lost on this committee.”
The grand jury rules are, in my view, woefully ambiguous on how to handle conflicts and, while personal relationships are addressed, the rules do not deal with these type of conflicts:
Art. 19.08. QUALIFICATIONS. No person shall be selected or
serve as a grand juror who does not possess the following
qualifications:
1. The person must be a citizen of the state, and of the
county in which the person is to serve, and be qualified under the
Constitution and laws to vote in said county, provided that the
person’s failure to register to vote shall not be held to disqualify
the person in this instance;
2. The person must be of sound mind and good moral character;
3. The person must be able to read and write;
4. The person must not have been convicted of misdemeanor
theft or a felony;
5. The person must not be under indictment or other legal
accusation for misdemeanor theft or a felony;
6. The person must not be related within the third degree of
consanguinity or second degree of affinity, as determined under
Chapter 573, Government Code, to any person selected to serve or
serving on the same grand jury;
7. The person must not have served as grand juror or jury
commissioner in the year before the date on which the term of court
for which the person has been selected as grand juror begins;
8. The person must not be a complainant in any matter to be
heard by the grand jury during the term of court for which the
person has been selected as a grand juror.
Once again, I am not casting aspersions on Chalmers who did nothing that I can see that violates these rules. However, it is a serious appearance problem in having a grand juror who interacts with a witness and actively working for the opposing party to a political figure during her service. I believe that the rules should expressly require notice to the judge and prosecutor of such contacts or activities and that grand jurors have a running obligation to raise potential conflicts of interest for possible recusal from a case of this kind. People have been voicing arguments on both sides of this controversy. I have criticized the indictment, including in a column out today. Others on this blog believe that indictment is well founded. Yet, such controversies over grand jury service are not good for either side and distract from the merits of the case.
Source: Chronicle and AL and media trackers
THE DEMOGANGSTERS ARE OUT OF CONTROL. THE INDICTMENT RACKET HAS BECOME THEIR FAVORITE SCAM.
This article only proves what most people suspect–the Demogangsters are using their indictment racket as their #1 terror tactic.
It has become the easiest racket and their favorite scam. The Demogangsters have framed Tom DeLay, Stevens, Rush, a KY Governor, Meacham, etc. etc.
The indictment racket is too easy. Like they say, you can indict a ham sandwich. The Demogangsters are out of control in using this racket over and over.
The Republicans must wake up and change the laws to make it harder for Demogangsters to indict. This could be done by requiring proof beyond a reasonable doubt even for indictments, making sure the DA is not a Demogangster himself or obtains approval from a Republican prosecutor before indicting, and to automatically disbar Demogangsters who proceed with indictments without evidence beyond a reasonable doubt, to remove Prosecutorial immunity, and to allow a jury trial of Democratic Prosecutors so they can be disbarred and fined 1 million minimum (and imprisoned) by the civil jury if they obtain indictments without strong evidence of wrong doing or engage in selective prosecution of Republicans.
Also, the Republicans must make politically motivated or baseless indictments a violation of the Rules of Professional Conduct and set up a standing committee of the state bars to sua sponte and summarily disbar prosecutors indicting Republicans without evidence beyond a reasonable doubt or it if appears to be politically motivated.
Or this racket will continue and Republicans will continue to be framed and terrorized by the INDICTMENT RACKET.
Since Ken starr was so obviously able to set aside his personal politics while persecuting the Clintons…
“The lawyer doth protest too much, methinks”
John wrote:
Girls, you liberal/progressive/socialist/collectivist/communist (and whatever other nomenclature du jour you affect) “democrats” are like a cloudy, stormy day. One can know that the sunny day is right/correct/good/positive/veracious but there must be days of gloom and inclement weather to make us abundantly aware of that fact.
To really know you are well, you must, on occasion, be ill. Go forth and spread your disease.
Your comment is emblematic of what is wrong with the country. There can be no civil discourse when you demonize one side and refuse to even consider the other side of your beliefs.
Squeeky, That sure seems anti semitic to me, at least regarding those in the US worse religion and heritage is Jewish. I personally know people who have left the US and moved to Israel, raising their children, 1 family has 10 kids. They would fight in an instant. In fact the father for years tried to get the daughter to get her proof of US citizenship just in case she had to flee. She refused for many years but finally got them, I think mostly to appease her father here in the US.
(and Squeeky that is what I meant earlier: you group together all the US Jews and bad mouth them. It is beyond me how you cannot see the hate and, in this case, anti Semitism. Would you say US Catholics seem pretty stupid and most of them are republicans and pro gun like the NRA? )
“Well, Israeli Jews would fight but I am not sure about American Jews. They seem pretty stupid and most of them are Democrats and anti -gun like Bloomberg. Go figure.”
Squeeky Fromm
Girl Reporter
Paul C, Give me a quote, please.
Ask Squeeky…. she is the one that has made those comments. She received a very hostile response from a northern jew.
SWM – you have your hot little hand in a lot of bashing. I think you doth protest too much.
When injustice is the order of the day, there probably will be no peace. Haven’t we learned a thing from Ferguson?
Annie – what we have learned from Feguson is that people are capable of rioting before they get the facts. We have also learned people are capable of stoning MSNBC.
Annie, Of course they aren’t ,but they are commonplace here. The bashing of women, minorities, democrats, muslims and northern jews goes on all day everyday.
SWM – this term has come up before. What the heck is a ‘northern jew’? And why do you not capitalize Jew?
I apologize for the infraction….
Jon,
on 1, August 22, 2014 at 8:32 amNick Spinelli
John, And the allegedly strong feminists play victim and whine CONSTANTLY. Hypocrisy is @ the core of their “philosophy.”
You deleted my comment and I was responding to nick…. You think this is civil?
This is what I wrote:
Nick, You and your cultist don’t do a bad job playing the victim…. I don’t think I have ever hears someone like you except on a radio show try and stir up the evil of folks
Exactly, what is the difference?
Are the comments at 12:37 and 8:32 civil?
Anonymously Yours, I have had to, again, delete a comment in obvious violation of our civility rule. Either comply with our rather minimal standard of civil discourse or please refrain from commenting on this site.
John, And the allegedly strong feminists play victim and whine CONSTANTLY. Hypocrisy is @ the core of their “philosophy.”
Girls, you liberal/progressive/socialist/collectivist/communist (and whatever other nomenclature du jour you affect) “democrats” are like a cloudy, stormy day. One can know that the sunny day is right/correct/good/positive/veracious but there must be days of gloom and inclement weather to make us abundantly aware of that fact.
To really know you are well, you must, on occasion, be ill. Go forth and spread your disease.
PCS, I stand corrected.
Katy, right wing and Republican cultists abound lately.