Victoria City Council members won't say if they've been subpoenaed

Council members say they can't talk about subpoenas

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Victoria County's top prosecutor and elected city officials are tight-lipped about whether the city council has been subpoenaed to appear before the grand jury Thursday.

"I make no statement," said Stephen Tyler, the criminal district attorney. "Even to confirm or deny is somewhat of a statement."

State law prohibits him or anyone else from disclosing information about grand jury subpoenas, and a violation could result in up to six months in county jail and a fine of up to $500, he said.

"I don't make it a practice of talking about what's coming before a grand jury because of that provision," Tyler said. "It's a shame when people decide to operate outside the law."

Tyler would also not confirm or deny whether he has hired private investigators to investigate city officials. It is imprudent to tell people who or what he's investigating, he said.

The Advocate contacted six of the seven council members and received varying answers about the subpoenas. Only Council Member David Hagan did not return the Advocate's call.

If city officials had not received subpoenas, they would be free legally to say so. The district attorney also would be free to comment.

"My attorney asked me not to comment," Mayor Will Armstrong said.

Council Member Philip Guittard declined to comment, saying he'd like to first talk to an attorney.

"Monday, I'll be happy to talk about it," Mayor Pro Tem Lewis Neitsch said.

Council Member Tom Halepaska said he would have to check with counsel before commenting.

"I just got off the phone with my attorney," Council Member Jim Wyatt said. "I'm not saying yes, and I'm not saying no."

City Manager Charles Windwehen did not return the Advocate's call to inquire whether city staff members had received subpoenas.


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Comments

  • Can anyone tell me: Has there been a new judge appointed to this case? If so, who?

    April 30, 2009 at 12:25 p.m.
  • Oh dustin69g,

    You are soooo funny and you get funnier with every post! You ought to send some of your stuff to Leno or Letterman - they might hire you as a barf, I mean gag writer.

    April 30, 2009 at 12:24 p.m.
  • Thanks Don.

    Ok, so it's an order to appear.

    It is does not equal guilt.

    Rumor has it that Tyler is just doing this now to scare voters into thinking that they could be on the hook for more legal bills for elected officials. Good way to get out the vote "for" the charter amendment. Oh sorry, I forgot this wasn't a political issue.

    If the amendment passes, Tyler will have a field day.

    April 30, 2009 at 12:15 p.m.
  • Does anyone know if jailhouse lawyers can be sued for omissions and errors in the legal advice they give?

    April 30, 2009 at 12:11 p.m.
  • I wonder if Tyler subpoenaed James Martinez - kind of a "you'll be on the city council soon enough, so I though I'd get you while I can"

    April 30, 2009 at 11:49 a.m.
  • It seems that Tyler has issued ELEVEN more subpoenas. . It’s hard to tell if the latest round of subpoenas is tied into the so-called "Ratcliff conspiracy" or if it is part of the "conspiracy" promoted by David Hagan that the City is out to get Tyler.

    The fact is, if a person receives a subpoena to appear before the grand jury, he or she can not discuss it by even confirming or denying it. So, it’s interesting to note that people listed by the Advocate can neither confirm nor deny that they have been subpoenaed to appear before the grand jury.

    It may seem like an obvious point, but IF a person CAN legally state that they have NOT received a subpoena then that means they DIDN’T received one. HOWEVER, if all the people on the Advocate’s list say that they can neither confirm nor deny, that means they DID receive one – i.e., one plus one equals two.

    Some folks on this forum have been complaining bitterly about the money being spent by the City to defend public officials. The point they are missing is that our illustrious D.A. is guilty of continuing to vindictively drag this whole travesty of justice out even longer. That means he’s wasting both mine and your City AND County tax dollars!

    It’s clear that it’s open season on any public official that dares to question or disagree with how Tyler is performing his job. What’s surprising is that in order to silence them, Tyler hasn’t subpoenaed the private citizens who are critical of his performance as well. That could still happen of course, by claiming we’re also a part of some vast conspiracy. So PLEASE remember that if some us of suddenly stop making negative posts about Tyler or Hagan, the reason should be obvious – we could neither confirm nor deny that we’d been subpoenaed.

    It’s really scary that a D.A. could maliciously and spitefully abuse the power of his office in such a fashion!!! Oh well, if I am subpoenaed, that still won’t prevent me from voting when he comes up for election.

    By the way emca101, If you are served with a subpoena, it is NOT a request, it is an ORDER to appear or be arrested.

    April 30, 2009 at 11:41 a.m.
  • Assistance please. Would someone please explain the legal system?

    I assumed that---

    1.)a subpoena was a request to appear and testify before a grand jury

    2.) that a grand jury heard the issue and decided whether or not there was enough evidence for a trial

    3.) that a trial decided whether or not a crime was committed.

    A subpoena="operating outside the law"???

    "I don't make it a practice of talking about what's coming before a grand jury because of that provision," Tyler said. "It's a shame when people decide to operate outside the law."

    Seems like that is putting the cart way before the horse.

    Maybe I'm mistaken.

    April 30, 2009 at 9:35 a.m.