Ure's trial will go forward
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The police chief stormed out of the grand jury room. When he returned, the district attorney took away the book from which he was reading aloud.
Testimony Wednesday revealed that Oct. 30, 2007, was a tense, strange meeting for the grand jury of the 24th Judicial District of Victoria County.
But nothing in the session in which Police Chief Bruce Ure is accused of perjury precludes his case from going to trial, Judge Robert Cheshire ruled.
Testimony in Ure's aggravated perjury case should start Thursday - after being stalled for two days by motions to quash subpoenas, limit testimony and dismiss the case.
In a motion that until Wednesday afternoon was sealed, Ure's lawyer asked Cheshire to dismiss the case, citing prosecutorial misconduct, and violations of fifth and sixth amendment rights.
Defense lawyer Greg Cagle called District Attorney Stephen Tyler as a witness and his testimony lasted into the afternoon.
When the grand jury charged Michael Ratcliff on Oct. 25, 2007, with sexually assaulting a teenage boy, Tyler suspected someone leaked information about that investigation, he said. Over the next few days, witnesses were summoned to the grand jury to find out who leaked the information or tampered with the case.
"I believe I had some indications that someone interfered with an investigation," Tyler said. In grand jury interviews with police Lt. Ralph Buentello, former city attorney David Smith and Hope of South Texas director Laura Kinnison, Tyler asked questions that used almost identical language to that later written in a five-part indictment of Ure.
Tyler did not suspect Ure of any crimes before asking him to testify before the grand jury Oct. 30, 2007.
During the testimony, Ure asked if "this investigation includes me as a suspect?"
"If it becomes that way, you'll be admonished of your rights," Tyler replied, according to Cagle's motion.
More than once, Ure asked for a lawyer, Cagle said.
"You said he did not have that right," Cagle said.
"Not as a fact witness," Tyler said.
Ure asked to take a break and talk to a lawyer later that day, and objected to Tyler's tone of voice, Cagle said.
"That's when he jumped up out of the chair and left the room, took flight," Tyler said.
Ure returned voluntarily, but he brought a book from which he apparently read aloud from before all the grand jurors reassembled. When Ure refused to stop, Tyler took the book from him and put it on a nearby table.
"Under what authority do you take personal property from a person in grand jury?" Cagle asked.
"He wouldn't quit reading it," Tyler said.
The complete grand jury testimony is not available, because the judge left it under seal. But according to what was read in court, Ure asked for his book back.
"Yeah, you can get it on your way out," Tyler said.
"No sir, I can get it now," Ure said.
Cagle read Tyler's quote loudly, as if Tyler were acting the part of a bully snatching candy.
Tyler tried to correct him - he likely said "yes" not "yeah." But Cagle pointed to the transcripts.
Tyler tried reading his quote using a gentler voice, more like a kindergartner teacher reasoning with a student.
The testimony did not reveal what book Ure was reading.
Eventually, Tyler did read Ure his rights, which Ure invoked.
Cheshire ruled no questions Tyler asked after Ure invoked his right to attorney could be used in the trial.
Testimony is scheduled to start Thursday at 9 a.m.
Online
To read the motion to dismiss and Tyler's response visit VictoriaAdvocate.com
nVictoria Police Chief Bruce Ure is accused of lying to the grand jury that investigated whether former Sheriff Michael Ratcliff sexually assaulted a teenage boy.
nPolice Lt. Ralph ...
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Online
To read the motion to dismiss and Tyler's response visit VictoriaAdvocate.com
nVictoria Police Chief Bruce Ure is accused of lying to the grand jury that investigated whether former Sheriff Michael Ratcliff sexually assaulted a teenage boy.
nPolice Lt. Ralph Buentello and former city attorney David Smith also charged with aggravated perjury.
nA grand jury indicted the three men and Mayor Will Armstrong on multiple counts last year, accusing them of plotting to interfere with an investigation of Ratcliff. The city officials maintain that they were concerned the investigation was not being handled properly and that District Attorney Stephen Tyler's prosecution of them is retaliatory.
nAll charges against Armstrong were dropped. The only charges that remain against Ure, Smith and Buentello are aggravated perjury.
n Ratcliff was Tyler's chief of staff in October 2007, when he was indicted on charges he sexually assaulted a teenage boy while sheriff. Ratcliff pleaded guilty to aggravated perjury in exchange for 10 years probation.
What's next
Opening arguments start 9 a.m. Thursday.
If convicted of aggravated perjury, Ure could face penalties that range from probation to two to 10 years in prison and a fine of up to $10,000.
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Well it hasn't stopped here folks!!! There is other stuff going on in that dept as well being done as good ole boy favors, done with Victoria Tax Payers money. Things that are unheard of being done just because of who people are, there are other secrets that have been leaked out. I don't feel these bureaucrats should get away with this, what is done in the dark does come to the lights. Favors are still being done and it is not right.
April 4, 2009 at 12:39 a.m."as if Tyler were acting the part of a bully snatching candy"...that one stood out to me.
Both Ure & Tyler come across looking very bad in this article. Ure reading aloud from a book, not stopping when asked, kinda like a kid sticking his fingers in his ears screaming....LALALALALALALALALALALALALALALALALALALALALA...until you wanna slap the snot out of him.
April 2, 2009 at 5:51 p.m.N45BA: What spin are you talking about? Can you cite a specific example?
April 2, 2009 at 5:38 p.m.BacktheBlue: Those are some serious allegations. I would like to see you state your facts behind those allegations.
And the pdfs of the motions are finally posted. Sorry for the delay.
As always, thanks for reading and posting.
ThomasRMartinez
From the way the cards are being dealt out, it appears a malfunction occurred while cold-decking this story. Might have bee a bad time to go "all in."
April 2, 2009 at 12:32 p.m.I wonder if the "new" citizens group that formed to oppose the charter provisions on the ballot next month are going to involve themselves with these issues?
I think the stench from downtown is getting every one's attention. I hope Tyler keeps stiring the cesspool until everything floats to the top so we can all see the truth about what has really taken place.
Illegal meetings, closed door sessions where discussions were had regarding investigations the city was not a party to, perjury, conspiracy, I hope someone is writing this all down. Maybe a "fiction" book can be written with the proceeds going to the city government to try and help pay for all the attorney's that are working on the taxpayers nickle. From the photographs it appears at least four attorneys who are employed or having some portion of their fees paid by the taxpayers were present yesterday.
April 2, 2009 at 12:12 p.m.Wow...the purple prose! "Bully snatching candy", "kindergarten teacher reasoning with a student".....the descriptions are of people who are in charge & running this city! This would be extremely funny if it weren't true!
April 2, 2009 at 11:51 a.m.Ure should have never been hired for the Police Chief position in the first place. If you investigate his background you will seriously wonder about the sanity of anyone who would hire this man. The rumor is he had "connections" that pushed his hiring. It had to be something, because he most certainly was not hired for his merit or recommendations from previous employers.
The Advocate hates Tyler because he is one of the few who are not fearful of those who hold the power and control the Advocate and most of Victoria County.
If Ure is not convicted....it will be the ultimate travesty. Our tax dollars paid to keep this incompetent on the job in Victoria County.
April 2, 2009 at 11:42 a.m.Jen08, we had the exact same thing happen to a friend who worked for VPD. Ure is exactly what you said, a bully. I don't know where this man gets his brass ones from but I personally hope Tyler is able to remove him from his position, even if Ure only loses his license to be an officer from a conviction. The officers at VPD deserve a better leader and example to abide by.
April 2, 2009 at 9:21 a.m.Folks, it is finally becoming clear.
The Advocate has been complicit in a near decade long scheme of leaking sealed facts to potential jurors prior to the Grand Jury convening. It is in direct violation of the due process clause of the Constitution.
The Advocate did all this at the behest of the City Attorney's office, and when Ure took office, at the behest of the Victoria Police Department.
I just plea with the Advocate to report what happens today and beyond in witness testimony and not slant it to protect themselves. The leaking of evidence was widespread and no amount of reporting from a particular point of view is going to cover it up. It is best for the Advocate to take it on the chin and salvage the readership of Victoria. If the Advocate continues down this path, the people of Victoria are not going to allow it.
April 2, 2009 at 9:03 a.m.I agree also...I have a very good friend that worked for the city that was bullied by Ure. I am saddened that the VA is supporting him because I feel that they have sided with someone that they had NO idea would drag them down into the muck!!
April 2, 2009 at 8:11 a.m.Poor reporting. to the readers the newspaper has become the trier of facts.
April 2, 2009 at 8:07 a.m.N45BA....it's because the Victoria Advocate is knee deep in all of this. They have fought tooth and nail to avoid having to testify, and have not been successful (except for Leslie Wilber).
The Advocate Editorial Board knows what the truth is, and they don't want their staff to be forced to testify because that means the truth will come out. And the truth is that certain public officials leaked information to the Advocate about a criminal case and lied about it. The Board, though, for the last 18 months, has publicly flailed at the DA, trying discredit him all in a sordid attempt to save face and protect their friends.
April 2, 2009 at 7:02 a.m.