Will subpoenas slow city?
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WHAT'S HAPPENED SO FAR
Victoria Police Chief Bruce Ure is accused of lying to the grand jury that investigated whether former Sheriff Michael Ratcliff sexually assaulted a teenage boy.
Police Lt. Ralph Buentello and former city attorney David Smith also ...
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WHAT'S HAPPENED SO FAR
Victoria Police Chief Bruce Ure is accused of lying to the grand jury that investigated whether former Sheriff Michael Ratcliff sexually assaulted a teenage boy.
Police Lt. Ralph Buentello and former city attorney David Smith also charged with aggravated perjury.
A 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.
All charges against Armstrong were dropped. The only charges that remain against Ure, Smith and Buentello are aggravated perjury.
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.
Ure's trial was scheduled to begin March 30, but it was delayed by two days of hearings. On April 2, a juror told the judge and lawyers serving on the case was such a hardship he could not concentrate.
Judge Robert Cheshire discharged the jury and rescheduled the trial for April 20.
If four council members are witnesses in the police chief's trial, civic business might be stalled, a lawyer for the city said.
"I think that's a silly claim," District Attorney Stephen Tyler said. Tyler has so far listed Mayor Will Armstrong and Councilman David Hagan as potential witnesses in Police Chief Bruce Ure's aggravated perjury trial.
Witnesses in the trial won't be allowed to talk about their testimony or hear any information about the case, interim city attorney George Hyde said during a council meeting Tuesday. So if a citizen wanted to talk about the trial during a meeting, council members under subpoena would need to leave the room, Hyde said.
"If we lose a quorum, we don't have the ability to conduct city business," Hyde said.
Tyler said he won't rule out subpoenaing more council members.
"Unless the only business the city has is this case, it shouldn't be a hindrance," Tyler said.
Armstrong isn't sure what would happen if Tyler subpoenaed a quorum of the council.
Ure is accused of lying to a grand jury that investigated former sheriff Michael Ratcliff. Ure's trial started on March 30, but a problem with the jury delayed testimony.
Tyler subpoenaed Armstrong and Hagan as well as paperwork from closed-door city council meetings.
What happened in the executive sessions and the certified agendas for the meetings are protected by attorney-client privilege, Hyde said.
Hyde has objected to Hagan trying to provide some of the requested information to Tyler.
Tyler planned to file a brief rebutting Hyde's objections.
During the council meeting, Hyde also noted eight city employees could be subpoenaed for Ure's trial, which might take time from their work.
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This will probably be stricken, but congratulations are in order from someone for the straight and objective thinking here from "Legion," "Yume," and others. You restore some of my faith in the public opinion. Write what you have written here to the Advocate, the city officials, and the DA.
Please.
April 12, 2009 at 11:49 a.m.I've met and had conversations with Chief Ure. I've discussed the political issues with Mr. Hagen as a constituent from his district. I've met the former City Manager and Mayor. I expect most here now about my former involvement in actions taken against the county DA. So while I'm not currently directly affected by these proceedings, I think my credentials to comment are viable. Call it tying up loose ends...
I believe some members of the city council did act in contravention of the Tx Open Meetings Act. Whether they did so with intent to conduct city business out of the view of the public by having off-camera meetings at Moo-Moo's may have been in violation of the letter of the OMA but I'd certainly have to be made aware of what was discussed and why before I'd agree that they were in violation of the *spirit* of that statute or whether said meetings were simply a convenience to shorten some otherwise long and often boring council meetings. (I know they can be boring - I attended a few...)
If indeed executive sessions were conducted solely to plot the ways and means to "get that SOB" there is no excuse. We (or rather "you all") don't need a bunch of third graders running your city government.
Nor do you need another one running your county District Attorney's office. If Tyler had come clean with the evidence he purports to have had against Ure months ago this entire circus likely would have been long done and there would be no concern whether city business could be conducted depsite pending subpoenae.
Nor would our, now your, generous tax donations still be being handed over to Houston's legal community rather than resurfacing the disaster that is N. Laurent St.
Finally, I have a problem with Hagen deciding to spill his guts to the VA after two years of pointed silence about the alleged illegal council meetings. If he met w/ Tyler - at wichever of their request - and discovered that it was likely all this was about to come to the attention of the public, it sounds more to me as if he quickly ran to the head to wash his hands and now wants to claim they were clean all along.
Ernie
April 11, 2009 at 7:41 p.m.August 12, 2007 - Posted at 12:00 a.m.
BY GABE SEMENZA - VICTORIA ADVOCATE
Tyler said he won't prosecute a case unless he has the evidence to do so. And it appears law enforcement isn't making the effort to get that done, he said, directing the brunt of his frustration at the police department.
"What they got used to is not having to comply with the law," Tyler said. "It shows me they're not willing to do anything that's costly and inconvenient. They think I'm giving them hell. I'm telling them the truth, and they just think it's hell."
Dexter Eaves, the DA for eight years ending in 2006, said this riff reflects growing pains.
"Well, of course, whenever there's a new administration folks are always going to think the last guy was great, and the new guy is not as great just because they're used to the last administration," Eaves said. "I have confidence in Mr. Tyler."
George Filley, a former 16-year Victoria County DA and police officer, said this riff could stem from a simple difference in perspective. The police chief and sheriff operate on a "probable cause basis" and the DA works on a "proof beyond a reasonable doubt basis."
"I can tell you from experience that, typically, front-line law enforcement is going to be critical when the DA makes these decisions," Filley said. "There are all sorts of guidelines regarding the charging responsibility of the DA."
Those guidelines include portions from a prominent article in the Texas Code of Criminal Procedure.
"It shall be the primary duty of all prosecuting attorneys ... not to convict, but to see that justice is done," the code says.
Filley said Eaves made it known to law enforcement that "he was going to take every case that came in the door. I've seen prosecutors around the state do that. They quietly dismiss them later (in court). It's intellectually dishonest in the long run."
April 11, 2009 at 5:44 p.m.How many of you have actually taken the time either now or previously, to meet with any of the people involved? It's quite easy to become an armchair quarterback and call the shots based on personal opinion and formed biases from innuendo and heresay. It makes a person wonder why some people seem bent on "sticking it to the man" in regard to politically assassinating local politicians. I have met and had dealings with Mayor Armstrong, Tom Halepaska, Lewis Neitsch, Charles Windwehen and I wish to attest that these meetings were not over cups of coffee. These are regular people just as you and I. Quite simply, these people are drawn into a situation just as any of us could be drawn be the actions of an individual scorned by the embarrassment of one of his employees being charged (an eventual plea bargain) with a fairly serious crime (when taken into consideration that this "employee" was once a county sheriff. Mr. Tyler left the gate in full trot after the election and immediately chose to alienate law enforcement with his letter-of-the-law insistence on proper administration of procedure, but one totally lacking real world common sense. The result is the current turmoil and (mis)use of his office for retaliation. So people... go ahead and armchair quarterback and throw stones at the glass house in which our city government is living. Hope that you never encounter a situation where someone exacts revenge on you and binds your hands with legal proceedings that are "technically" lawful, but frivolous and based on revenge.
April 11, 2009 at 5:26 p.m.And Ure leaves his former boss's hanging....
COPYRIGHT 2007 Victoria Advocate
Byline: And David Tewes
Apr. 27--Watauga City Manager Kerry Lacy has heard the news that his city's top law enforcement officer is leaving. He just hasn't heard it from the chief.
Lacy said Thursday afternoon that he still had not been officially notified of Bruce Ure's intention to take the Victoria police chief job, but Lacy said he expects to get word today.
April 11, 2009 at 5:20 p.m."Slanina worked as the Fire Marshall for Webster, Texas for nine years. As Fire Marshall, his
duties included public safety and fire prevention, fire inspections, review of city plans, enforcement of
building codes, and handling of arson related calls. Additionally, he served as the Emergency Management
Coordinator, concentrating on hurricanes and explosions. Slanina's immediate supervisor was Fire Chief
Bruce Ure ("Ure"), who answered to the Public Safety Director, Mike Keller ("Keller"). As Public Safety
Director, Keller was in charge of both the police and fire departments. Keller had once been Slanina's
direct supervisor, but in November 1998 Keller and the City Manager, Roger Carlisle ("Carlisle"), decided
to hire a full-time fire chief, selecting Ure for that position. Prior to Ure's arrival, Keller conducted
Slanina's performance evaluations. Although Ure later assumed this responsibility, Keller maintained
ultimate authority over Slanina's employment, including the review of his evaluations and any salary
increases. "
Slanina, not Ratlipps
April 11, 2009 at 5:17 p.m.stevie?, to funny texasmom, did you click on the link?
Very true the person was guilty of having pornography on his computer at work, but there was no reason for Ure to try and make it seem worse than it already was. The 5th circuit court of appeals even pointed out in there ruling that one of two things happened in the trial, Ryan Smith was lying or Bruce Ure was.
Read the thing please?? I posted the link.
My point is, is that Ure's trial testimony was questionable enough for the court of appeals to cite Ure's testimony in there ruling.
But I have to LOL if you think I am Stevie, now that is to funny.
April 11, 2009 at 5:10 p.m.Ok Yume,
Ure has been known to embellish in court before for no reason
Testimony of Ryan Smith ("Smith"), the Management Information Systems Coordinator
His search located one such file in the Recycle Bin, and Smith
restored the file. When he saw that it contained an image of adult pornography, he printed the file and
attempted to contact Slanina's superiors. Neither Ure nor Keller were available, though, and initially Smith
was only able to reach the Assistant Fire Chief, Dean Spencer ("Spencer"). By the time Spencer arrived
at the station, Smith had spoken to Ure, telling him that he had found child pornography on Slanina's
computer. Ure instructed him to secure the office, so at 7:00 p.m. Smith changed the lock on the door,
turned the computer off, and left.
Transcript of trial.
5th circuit court of appeals, in there ruling.....
4. It is unclear exactly what images Ure saw. Smith recalls that he showed Ure "what was on the
computer, the picture [he] had printed off." 4 R. 32. Ure, however, claims that he saw an actual image
of child pornography.
So, did he or didn't he? His testimony was enough to be noted by the 5th circuit court of appeals however, and it sounds like they don't know whether to believe him or not.
http://caselaw.lp.findlaw.com/scripts...
April 11, 2009 at 4:35 p.m.Well it sure seems to me that most of you are missing the most simple point of all!! Set aside all of the legal mumbo jumbo for a minute, as it is irrelevant. The fact is staring you all right in the face. As a Police Chief, Ure took an oath to protect and to serve, and to uphold the law, etc.... Why would a sworn public servant need to plead the 5th in the first place???? If they are doing their job, especially the "upholding the law" part, then why in the world would they have anything to hide?? There are loopholes for every law, and people get off track by the "dog and pony" show put on by the lawyers, the end result is that the facts become irrelevant to the outcome of the case.
It is this simple folks, DID BRUCE URE, THE SWORN POLICE CHIEF OF VICTORIA, TX, BREAK THE LAW BY LYING TO A GRAND JURY UNDER OATH???? In the end it makes no difference if the lie affected the outcome of the case, furthermore who cares if he gets convicted or not, the simple fact that the person that the public should be able to trust more than anyone clearly cannot be trusted says it all. The law is written in black and white and should be followed as such!!!! You don't steal a truck and after you get caught say, "Well yea I stole it because my feet were tired of walking, but heck I didn't tear it up or hurt anybody so I'm not guilty".
Don't get caught up in all the legal jargon! Either the Chief lied, or he did not, it's that simple, and if he did it doesn't matter why he did, he must go!!
April 11, 2009 at 4:30 p.m.I guess we can continue to back the VPD. What matters most is election time. People need to get out and vote James Martinez
April 11, 2009 at 4:30 p.m.is my Dist. 6 and is running against Hagan. So, if you live in Dist. 6 get out and vote James Martinez he is most quailfied for this position..
Ahoy there, Sailor!
April 11, 2009 at 4:13 p.m.Yume,
Is it your position that council members are above the law and should not be called to testify in a criminal trial of the Chief of Police?
There is no spin doctoring going on here, only facts which appear to indicate a STRONG suspicion of guilt on the part of the Chief of Police. The Judge denied a motion to dismiss which indicates he feels there is sufficiant evidence to justify a trial.
What is your remark about damage control? Damage control on who's behalf? I feel their has been behind the scene dealings taking place and the truth needs to be heard. If the truth is nothing happened, that needs to come out also but there sure is a lot of stuff going on for "nothing" to have taken place.
We shall see in two weeks.
April 11, 2009 at 2:22 p.m.Beenhereawhile,
I thought this post was about the city standing behind attorney/client privilege and their hiring of an "interim" city attorney who has made a career of opposing release of information.
I do not see a request of information from a criminal prosecutor as being in the same category of a request for a governmental agency. One has to do with private criminal matters, the other has to do with what should be public matters.
As to your reference to Mr. Hagan, I didn't bring him up at all you did. If someone is willing to stand up and tell the truth even when it is not the politically correct thing to do I feel they are at least trying to serve the citizens. The current council has lost sight of serving the citizens and are more focused on serving their own members wishes.
If there were discussions at a closed door session that were criminal in nature they should be exposed for what they are. We need more transparency in all levels of government starting with our city council.
Unless it is a personnel issue or an issue that having the meeting in open session would have a negative financial impact (like the sale of property) every other issue should be discussed in the open. Elected city officials should have NO secrets from the citizens as they perform their duties at our discretion and for our review, not in secret.
April 11, 2009 at 12:33 p.m.3rd Party, respectfully, didn't Mr. Cagle have to get an order from a higher judge to order Judge Cheshire to order Mr. Tyler to turn over information? Oh yes, he did.
Mr. Tyler can't have it both ways. Mr. Tyler can't argue to keep information secret (even fighting it on a higher level) and then request that others release confidential information.
Mr. Tyler even stated that "some secrets need to remain secrets." Well, which secrets need to remain secret, Mr. Tyler? Just the many secrets you want kept?
Mr. Tyler isn't about justice - he's about revenge. I challenge the residents of Victoria to attend some of the upcoming trials and decide for themselves.
You guys are on overtime Damage Control since the Mr. Hagan interview! Did Mr. Hagan make you that nervous?
April 10, 2009 at 8:06 p.m.Interesting 3PO
April 10, 2009 at 6:40 p.m.This issue with the council, the former city attorney resigning and now George Hyde being retained as interim city attorney gets even more interesting after doing some research on the internet. I find the following which was published in the Bandera County Courier in March of last year.
"Either Hyde doesn’t understand the law as it applies to the Texas Open Records Act or he could care less. I would suggest since we have elected a new county attorney who seems interested in his job, we can hopefully fire Hyde and his law firm – along with any other dead weight – and get back to serving the people. It bears remembering the only sure winner in these battles waged by Bandera County against the Office of the Attorney General and its own citizens is George Hyde and his law firm."
It appears the Victoria council hired an attorney with a history of fighting information requests including several with the Attorney General of Texas. The newspaper further reported (this was on the editorial page):
"The Attorney General has plainly told you what needs to be redacted and what doesn’t and what information can be released. [responding to documents Hyde produced that did not comply with AG orders]
The judge, commissioners, county attorney and George Hyde have apparently forgotten their function in our county government. Perhaps they should read – and reread – the following on public information in the State of Texas. Apparently they don’t understand the idea that open government belongs not to them, but to the people who insist on retaining control of their public servants: § 552.001. POLICY; CONSTRUCTION. (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees."
City Council of Victoria, what are you trying to hide? Why did you retain a "hired gun" with a history of fighting legitimate requests for information? I can't wait to hear how Judge Cheshire rules on the "motion to protect" filed by Hyde. The trial of Ure scheduled to begin on the 21st is going to be one of the most exciting in recent history. We should sell tickets to try and pay some of the city's legal bills.
April 10, 2009 at 6:28 p.m.As I recall in the past, even our presidents have not been deemed to be above the law.
When evidence was found that Richard Nixon had obstructed justice by covering up his Watergate involvement Nixon was prosecuted by a special prosecutor and the US House Committee voted to impeach him.
President Bill Clinton was impeached and tried for committing perjury about sex in the Monica Lewinsky case. That was a circus equal to the perjury indictments in Victoria.
When laws are broken there is supposed to be an investigation, and those involved are tried and, if they are found guilty, they are supposed to be punished, even presidents, and the employees and city council of Victoria. Some of us would like to think that's the way it is supposed to work. So many excuses this time for avoiding the justice system, for it not to be blind this time. Not this time, why?
April 10, 2009 at 1:22 p.m.I agree with you south texas... Mr. Hagan is on the right track... you know you are doing right when you get this much stink over something and he even said he has "been threatened with lawsuits" etc. The good ole boys are not used to someone calling them down on the carpet for their behaviors - I realize not ALL of them are this way but a lot are so they just have to let Mr. Tyler do his job and weed out the good from the bad and see who the players are.. It needs to be done - I hope they go back to when Mr. Hagan said this was said to him" in 2006"?? Maybe they will call that past "entourage" of officials in too.. They need too. really really- I hope none of them get away with it.. I don't care how much money you have or who you know in your town or across the usa, if you use your powers to "hurt others in a malicious way and have illegal meetings to brush your bads under the carpet then you ought to be punished. And the ones that are taking their marching orders from individuals they have no business taking their orders from- South Texas there is way more to all of this I hope Mr. Hagan and Mr. Tyler keep on digging... This goes back... Stop acting like a bunch of criminals if you don't want to be treated as such would be my thoughts.
April 10, 2009 at 12:58 p.m.Exactly what is Mr. Tyler trying to accomplish, I believe the word is JUSTICE. No useful purpose is served by allowing government leaders to do as they please with no consideration for law.
A judge in good standing reviewed a motion to dismiss the charges and per testimony presented denied the motion. The time has come for the truth to be told regarding what has taken place and the only person I see seeking the truth is DA Tyler.
This legal ploy of stating calling council members as witnesses will shut down city government is just that a ploy to redirect the focus from facts. I hope Mr. Hyde was mis-quoted for if he indeed said "city employees could be subpoenaed for Ure's trial, which might take time from their work", he also has loss sight of what the judicial system was established for. I don't know of one "civilian" who could ignore a suponea calling them as a witness by claiming it would take them from their work.
Come on city leaders, if there is nothing to hide lets get the facts out in the open and resolve this issue. Quit standing behind attorney/client privilege as an excuse NOT to tell the truth.
April 10, 2009 at 12:21 p.m.That has got to be the stupidist reason I have ever heard to keep these people from being called to testify.
I hardly think the small amount of time they spend testifying is going to in any way alter the business they conduct. Let's face it, all decisions are made and complete before the meeting anyway....except in the case of Hagan who actually has a brain and thinks and tries to protect the taxpayers.
Mr. Tylor not being a "team player" means he is not part of the "system" which is ruining our city and county while running amok with funds they do not have.
Let's face it some of our city leaders are indeed criminals. Good job Steve Tyler. The people who count in this town appreciate your persistence to defend the common man.
April 10, 2009 at 12:11 p.m.Exactly what is it that Mr. Tyler is trying accomplish? No useful purpose is being served at this point in time. There are far more urgent matters in this community for the district attorney to pursue than to hold a city governing council at bay. Whether you deem our council members "good ol' boys", "rank amateurs", "incompetents", is totally irrelevant. The fact of the matter is, they are not criminals and our community is being greatly undermined by a district attorney who has chosen to prosecute the community's leaders, rather than the community's criminals. Is there no common sense left in the judicial system that has allowed these trumped up charges to reach this point? Mr. Tyler is no friend to law enforcement and definitely not a team player. Mr. Hagan is the proverbial "classroom snitch" reminiscent of the stereo-typical kid who took names in the classroom of classmates who misbehaved while the teacher was out of the room. Posters on this forum would do well to stopped their flippant "throw ALL the bums out" comments and demand a common sense solution to this out-of-hand situation. If the district attorney continues to file charges against a mayor and police officials versus gang bangers, sex offenders, and common criminals, then the demand for him to resign should be echoing through the community loudly and resoundingly. Mr. Hagan would also be well advised to become a team player or throw in the towel and let Mr. Martinez have a hand in city government.
April 9, 2009 at 10:25 p.m.