Judge dismisses cases against police chief, disqualifies DA
Tyler's office also can't prosecute David Smith, Ralph Buentello cases
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Official documents from the case are available at VictoriaAdvocate.com.
In a stunning move, Judge Stephen Williams threw out Thursday the aggravated perjury charge against Victoria Police Chief Bruce Ure.
In addition, the judge barred District Attorney Stephen Tyler and his office from handling the cases against Ure, Lt. Ralph Buentello and former city attorney David Smith.
The judge was expected during the hearing to set dates for the trial of Ure. Instead, Williams threw out Ure's indictment based on a motion defense attorney Greg Cagle filed under seal.
In his decision to disqualify Tyler, Williams said the district attorney was trying to prosecute a case in which he was the alleged victim.
"As admitted in open court, Mr. Tyler is attempting to prove, as the basis of the materiality element of aggravated perjury, that he was the victim of a conspiracy by city officials and the newspaper to embarrass him and ruin his career," Williams wrote in his decision.
On his way out of the courthouse, Tyler vowed to appeal William's decisions.
"The constitution doesn't grant him such authority," Tyler said.
Williams began Thursday's hearing by questioning Tyler's choice of witnesses.
"I need an explanation for some of these," Williams said. "For example, Ronald Walker."
Walker's law firm worked for the city of Victoria and the Victoria Advocate, Tyler said. Walker went to a meeting in Austin with Ure and other officials. There, they tried to remove Department of Public Safety investigator John Schlinger from the Michael Ratcliff investigation, Tyler said.
City officials have maintained they were concerned the investigation of Ratcliff, the DA's chief of staff, was being mishandled. They maintain Tyler's prosecution of them was retaliatory.
"You want the jury to hear Ron Walker was trying to get you and investigator Schlinger off the case?" Williams asked.
The testimony would show a pattern of misuse of official information, Tyler said. That accusation is the underlying framework for his case against Ure. Tyler claims Ure lied to the grand jury that indicted Ratcliff on charges of aggravated sexual assault and probed whether Ure and others leaked news of the investigation to Advocate journalists.
Testimony from city secretary Scarlet Swoboda could pierce city claims of attorney-client privilege so Tyler could ask questions about closed-door meetings, he said. The meetings were illegal and not privileged because they dealt in politics, not government work, Tyler said.
Williams asked if political purposes meant ousting Tyler.
Tyler said he wouldn't know.
"Would you suspect that?" Williams said.
The purpose of the meetings didn't matter, Tyler said, only that they weren't legitimate city business.
Then, Williams summoned Tyler, Cagle, lawyers for the city and council members to his bench.
Quietly, he told them after reviewing Ure's file, several issues bothered him.
"Obviously, you're disqualified," Williams said, looking at Tyler. Williams then granted Cagle's motion to dismiss the indictment.
"I'm sorry Steve, but that's just the way I feel about it," Williams said. Fresh eyes need to look at Buentello and Smith's cases if they're going to move forward, he said.
The rulings also make recent motions to quash grand jury subpoenas for council members moot, Williams said. If Tyler continued investigating these cases, Williams said he would keep quashing subpoenas.
"The court is without authority to recuse me," Tyler said before Williams told lawyers to take their seats again.
Cagle's motion to dismiss claimed Tyler violated Ure's Fifth and Sixth Amendment rights during grand jury questioning. Judge Robert Cheshire denied the motion on April 1, but invited Cagle to present more cases to back his arguments.
Cheshire recused himself days before Ure's trial was scheduled to start April 20. That gave Williams the chance to review the case and make his own rulings.
"I think the picture might have been made more clear," Cagle said when asked what tipped Williams' ruling in favor of Ure.
"It's a personal and political clash, that's exactly what it is," Cagle said.
Williams will appoint an attorney pro tem to prosecute cases against Buentello and Smith, District Clerk Cathy Stuart said.
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Comments
Legion,
I don't have any idea what was in the sealed motion. I've heard some rumors and speculations, but that's all they were - just rumors and speculation therefore not worth repeating. Unlike 3PO, I don't indulge in nasty little innuendoes. I do to my best to make any posts very clear. Poisonous innuendoes are the work of folks who don't have facts to back up what they are ever so slyly suggesting.
Wish I could help you but your guess is as good as mine. The chief's attorney did say that he felt the primary reason the case was dismissed was that Tyler had painted himself as a victim and therefore couldn't judiciously prosecute. People forget that a DA is charged with reviewing cases presented to him and making sure the charges are true and factual - ie. he has a duty to protect the innocent. Kinda hard to be fairminded in prosecuting a crime if you believe you re a victim of it.
May 2, 2009 at 8:46 p.m.Zorro, sorry, missed your point.... All I read was blah blah blah "diminished the altruistic ideas"...blah blah blah... newspapers are evil.
Dustin, "Cops get away with murfer and beating all the time." Is "murfer" a crime in Texas? I love your stastical data. Also, did you know that 82% of all stats are made up on the spot? I guess you couldn't figure out how to beat your men's room hand wave charge so now you hold a grudge.
Recall Tyler, and place Dustin and Zorro in a time out next to their cubby.
May 2, 2009 at 4:19 p.m.Good Lord have mercy.....I've told my family that if I ever agree with DonMader to pleeeeaaase just shoot me and put me out of my misery.
And Zorro, way to go. You condensed and simplified the whole drama as it is. And as far as I'm concerned, you can use caps all you want. Who cares but only the ones who have nothing of quality to say but to be petty about such a thing. Geez, there's world hunger, hello?
And to those of you Martinez supports...chill..don't get so up in arms. Why must you be so mean? Surely you can fight clean? You can try all you want but you can't tie Hagan in with Tyler like they are a tag team. The facts are not there no matter how you swing it. He was asked and he told the truth. I'm sure your candidate is a nice truthful guy right? But Hagan has already proven himself for our district, family and city. He's not afraid to go against the grain to do what is right by all. Many of us are proud to be, what do you call us...Haganeers? Although I prefer to just say I support David Hagan and I want him to keep fighting for us. And he has no loyalties to any one group but his District.
And by the way, if Tyler doesn't succeed in this prosecution, I hope one day we can all see the evidence he has. Everything. I sure hope it somehow gets to the people as I think we all have a right to know. The way I see it, the innocent will have nothing to worry about right? Right....
May 2, 2009 at 3:59 p.m.Don, if you have the low down on what the sealed motion was about, please let the rest of us know.
May 2, 2009 at 3:44 p.m.zorro,
Re: your latest post.......
Yawn, hohum, ZZzzzzzzz....
May 2, 2009 at 2:47 p.m.From the very beginning, when the city became involved in the ex sheriff Michael Ratclif case, the Victoria Advocate, in concert with others, has waged the mother of all jihad against District Attorney Tyler. In the history of Victoria, there has never been a comparable period in which such raw political power has been so concentrated against one individual as it has during this epic event. In the process of waging jihad against Tyler, The Victoria Advocate has diminished the altruistic ideas that unified and made our community great. By a colossal political miscalculation, the forces allied against Tyler got on the wrong side of the issue when the issue morphed from the wrong doings of Michael Ratcliff into the larger picture of how law enforcement is carried out in Victoria. The events morphed yet again, when city officials became ensnared while navigating the political minefield they themselves had deployed. When the moral high ground shifted to Tyler, The Advocate refused to accept the verdict that they were on the wrong side of the issue. When faced with a clear picture that they were digging themselves into a hole, they made the conscious decision to keep digging and attempted to make lemonade out bitter lemons. Ultimately, in facing certain defeat, they choose to win a victory at any cost. The ultimate cost to the community may prove to be incalculable.
May 2, 2009 at 2:01 p.m.I admire the tenacity of the District Attorney. He is a good and honorable man who is fighting for the very soul of the rule of law in Victoria and the foundation of justice, that no man is above the law. This epic battle with The Victoria Advocate, and by extension the political system of Victoria, grew out of a very minor dispute over the way the Ratclif investigation was being handled. Along the way, The Victoria Advocate steadfastly refused many golden opportunities to change course and to get on the side of truth and justice. The moral high ground is firmly on Tyler's side. The scorched earth strategy employed by The Victoria Advocate has been successful in one thing above all others, it has erased any notion that the rule of law any longer exists in Victoria. By using every political weapon in it's substantial arsenal, The Victoria Advocate has won a hollow short term victory, but lost the war. This High Noon event in the history of Victoria is worthy of a movie, and hopefully someone from the outside will make one.
No Dustin,
It means that 85% of the time there wasn't enough evidence to convict on hare-brained complaints.
Re: the Advocate censoring your posts - just calling other posters bad names is against the rules. I must admit that it's interesting to read "ur" texting vocabulary when you post - the texting wording matches the shortcuts in your thinking.
I'm beginning to suspect that you are just another teenage troll having a great time making fun of authority figures while mommy and daddy don't know what you're up to. Best be careful, you might get grounded for the weekend or have ur cell fon takn awy frm u.
May 2, 2009 at 7:45 a.m.No ASHIFY your outa touch with reality. Cops get away with murfer and beating all the time in this country. A study done by the fbi/punnik stated that outa all the policy brutality cases and corruption cases only 15 percent ever get convicted. Thats means we have 85% of our cops who commit crimes and get away with it. Cops always commit crimes way more than the general public and get away with it cuz we got the good ol boy system.
May 2, 2009 at 6:21 a.m.Zorro, please go to EAP or anger management classes. Your paranoia of law enforcement and the justice system is out of tune with reality. Please seek professional counseling and acquire your needed medications. If you read a single transcript of the testamony you would have seen Tyler's oppression for justice.
These three civil servants went over and above the call of duty to enforce their oaths of office. Someone pi$$ed in your Wheaties and now you have to cry to the world (a.k.a. Victoria) about unfair treatment. Boo freakin Hoo. Get a life and find a new cause for the voices in your little head.
City Observer has it dead right. Why would three honest servants even play in Tyler's sandbox when they know they have been officailly oppressed. The truth came out and justice was done.
May 2, 2009 at 1:34 a.m.So Dustin, what is your personal vendetta against the police? What FACTS do you have that they are crooked?
May 1, 2009 at 6:50 p.m.Dustin:"Once again the Advocate blocks my comments. I guess my 1st Amendment rights don't apply for the Victoria Advocate. WHY do my comments get deleted when I am critizing the Victoria Police Dept???"
You need to get a clue, Jr.
Although I didn't see the original comment it seems someone quoted or at least paraphrased enough for me to get the gist of it.
First of all, *Congress* didn't have a thing to do with deleting your comment(s), the Advocate did. If you want to bad mouth the VPD, run out in the street and get to it. Hell, hold a rally. It's your right.
But this forum is a venue provided, administered and moderated by the Advocate to allow you to exercise your obviously atrophied grey cells (are there really two? Ok, "cell.")
Rules are prominently posted. The VA have every right to exercise the application of those rules to the best of their ability and you obviously broke one and arguably another: You stated the VPD was crooked without so much as one single supporting fact. That blatantly contradicts "no posting unsubstantiated opinion as fact."
By inference you say there are crooked people in the VPD which arguably could be considered name-calling. I suggest you name a few names to go with your charges then start perusing the Yellow Pages for a good libel/slander attorney.
So quit yer bitchin'....
Ernie
May 1, 2009 at 11:08 a.m.Zorro, why did it take 3 grand juries to indicte? HMMM? Was it because Tyler erred by asking the grand jury that was allegedly lied to, to indict the 4? That indictment had to be thrown out, as I recall.
Also, before anyone accuses Judge Williams of being "blackmailed", "bribed", "coerced" or being in someone's back pocket, think: "What was the motion, filed under seal, that only the attorneys and the judge saw, that could provoke such a ruling?" Could it be the transcript from the Grand Jury testimony that PROVED once and for all Ure DID NOT LIE?
Now that it is "almost" over (We still have Smith and Buntenello), it should be time for pro-Tyler-ettes, to say: Okay, Steve tried --- He was wrong. STOP LOOKING FOR CONSPIRACY where none exist.
It would seem to me that the conspiracy ISN'T VPD, et al out to get Tyler, but more Tyler out to get anyone who is against him.
May 1, 2009 at 10:05 a.m.Once again the Advocate blocks my comments. I guess my 1st Amendment rights don't apply for the Victoria Advocate. WHY do my comments get deleted when I am critizing the Victoria Police Dept???
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"
May 1, 2009 at 10:02 a.m.Zorro and others who don't seem to understand what a grand jury does:
Grand juries do NOT establish guilt, they merely allow charges to go forward so that they can be heard in court. Indictment is a very small hurdle that the DA is required to clear, thus the saying that a DA can indict a ham sandwich. The grand jury is only affirming that it is possible the person MIGHT be guilty. An indictment only means that the DA gets a shot at proving his case and obtaining a conviction if he can prove guilt beyond a reasonable doubt.
Indicted individuals are presumed innocent until proven guilty in a court of law.
Even more interesting is how grand jurors are selected. Maybe someone has time to explain that process.
May 1, 2009 at 9:39 a.m.Three grand juries that were given only information contrived by the DA's office.
Don't forget, the DA can indict a ham sandwich if he wants.
May 1, 2009 at 9:27 a.m.Three grand juries believed there was sufficient evidence that Ure should be tried for perjury. Their considered opinion was that Ure had lied, that Ure has provided false testimony to them, that he had committed the crime of perjury. Whatever the intent and other unknowable subjective factors were has no relevance. The question they were asked to consider, had the Chief of Police of the City of Victoria lied and committed perjury? They thought there was sufficient evidence to have a trial. In a historic miscarriage of justice, Judge Steven Williams intervened on behalf of Ure and saved him from being tried by a jury of peers. In doing so, Judge Williams sacrificed on the altar of his court the notion that no one is above the law.
May 1, 2009 at 9:15 a.m.Tyler, go back to work and salvage what you can of the rest of your term.
Your remark that your salary is primarily paid for by the state and that you are not wasting our tax dollars is offensive.
Under that rationale, the entire state of Texas should be put out with you and your antics.
If you can't go back to work, step down. Enough is enough.
May 1, 2009 at 8:23 a.m.Well...in this blog it should read, say "Nope to Dopes (Tyler and Hagan)".
Not to be confuses with other blogs. LOL!! Turns out there is not much difference.
May 1, 2009 at 8:14 a.m.JMO: Accurate observation on $$ going up in smoke.
You can give thanks to Tyler and Hagan for rolling up and lighting the whole "they're out to get me" conspiracy smoke stick.
Thank Tyler and Hagan at re-election. This time, say, "NOPE TO DOPE"
MORE VOTES FOR JAMES MARTINEZ
May 1, 2009 at 8:05 a.m.And all our $ just went Up In Smoke.....
May 1, 2009 at 7:59 a.m.Dustin69 said:Victoria Police dept is a evil sick police force. They lied to a judge thats called PERJURY pople they also leaked info to the press about an ongoing criminal investigation which is also a crime. We have some of the most crooked cops in texas right here in good ol' victoria.
Dustin69 please back up some of your attacks against our VPD.
May 1, 2009 at 7:46 a.m.You say most crooked coips in texas are right here in good ol' victoria. I must say we have the finest VPD.
Now that this mess is over for a while we'll just have to wait and see what little plot Tyler comes up with next. Oh and lets not forget that The Victoria Police Dept. was recognized by the Texas Police Chief's Association as being one of the best in the State. Departments don't get recognized like this for being bad departments. So all you VPD haters should really look more into the department you despise so much.
May 1, 2009 at 7:31 a.m.Dustin what makes the VPD evil? Did you get a ticket or even worse ... have you been arrested? I find it humorous how people dump certain categoties of people into one group. A doctor refuses to give out pain meds to a druggie coming thru ER and therfore ALL doctors are mean. cruel, wicked,etc. A teacher grades a test and some poor soul fails the course...therefore ALL teachers are mean, evil, wicked. A plumber can't check someone's leaking pipes until late because he has others' emergencies that came in prior. A carpet is ruined therefore ALL plumbers are evil, wicked, and sorry s-o-b's? A police officer pulls somone over for speeding or worse DUI; therefore he is wicked and evil (for possibly saving someone's butt)?
It has NEVER been proven in a court of law that any of the ex-indicted men perjured themselves or were a part of a conspiracy. You take Mr. Tyler's indictments as poof? Get rational, man. Obviously Judge Cheshire knew something was amiss and stepped down, obviously Judge Williams knows case law better than you or I and decided that this was a personal conflict TYLER has with these gentlemen AND that NO law was broken and No case is to be tried. This appears to have been a very dissapointing case of mistaken idenity... Tyler mistakenly thought he was "THE LAW" , could make up the law or could twist the law to further his personal disagreements (vendetta) with the local police force. The wildest conspiracy, maybe most plausible quess I can think of is that Tyler knew he had a pedophile in his employ and tired to cover for him... IF so, what a sick waste of energy and Tyler should step down.
May 1, 2009 at 7:12 a.m.Don Mader- Just want to say thanks so very much to keeping up dated on this circus! Glad to see the good guys from law enforcement get justice.
April 30, 2009 at 10:37 p.m."psychotic"? Is that a medical evaluation Mader?
April 30, 2009 at 10:08 p.m.Jonny,
Tyer is more than "same old psychopath kid", he's a psychotic bully. It does my heart good to see a bully get b**ch-slapped across the lips with the back of the hand.
It was also nice to see Tyler's latest round of subpoenas get tossed on the dung heap. He finally overplayed his hand.
I hate the fact that I wasn't there to see Tyler's ears glow bright red and his right foot start tapping in his Gene Kelly routine when the Judge made his decision. After so many months of Tyler pounding his chest and declaring "I'm THE MAN and nobody messes with THE MAN!" the victory is still ever so SWEET!!!
I'll betcha his troops fled the office as soon as possible to escape the Wrath of Khan.
Hope of South Texas ( the advocates for sexually abused and/or battered women and children) made a really great presentation at the mall, tonight. Tyler usually attends, but tonight he sent one of his troops. I guess it would have been too embarrassing to show up himself since Ralph Buentello was the emcee and Bruce Ure was a guest speaker. I thought that was apropos since both Ure and Buentello have been abused by Tyler's vicious mis-use of power.
I guess Tyler didn't want to see the big old grin that the Chief was wearing!
April 30, 2009 at 9:57 p.m.Anyone who followed this case knew Tyler should be removed from office. This is oppression at its finest. When does the public say "enough is enough" to wasting taxpayer money over a personal vendetta that drug good people through the gutter?
Chief Ure and those "accused" of wrongdoing are good servants of the law and their oath of office. Those with a grudge will continue to beat down the innocent. Those with common sense have always known Chief Ure, Lt. Ralph Buentello, and former city attorney David Smith were the real victims.
Thank you Chief Ure, Lt. Buentello, and Mr. Smith for not turning a blind eye and making the hard and right choices. You are good stewards of the community.
April 30, 2009 at 9:47 p.m.Is taunting allowed in the forum Mader?
Mader to mothingsurprisesme:
""nothingsurprisesme,
Well, you said " I'm surprised that goofy sailor guy isnt on here popping firecrackers. Probably too busy getting the scoop from his cop brother."
That's the kind of remark that Tyler fans have made in the past as Sailor used to hammer on Tyler quite a bit.
I could care less, but for what ever it's worth, forum rules don't allow you make personal attacks against other posters or call them names. I guess the Forum police just haven't caught up to your remarks yet.""
Mader:
"Nothing surprses me about the comments from Maximus, zorro, nothingsurprisesme, and american. I'm still waiting to hear from ALS. Observer and the rest of the Tyler fan club and employees.
Come on now, surely you must have something to say....."
Uhh, is taunting allowed by rules Mader?
April 30, 2009 at 9:43 p.m.nothingsurprisesme,
Well, you said " I'm surprised that goofy sailor guy isnt on here popping firecrackers. Probably too busy getting the scoop from his cop brother."
That's the kind of remark that Tyler fans have made in the past as Sailor used to hammer on Tyler quite a bit.
I could care less, but for what ever it's worth, forum rules don't allow you make personal attacks against other posters or call them names. I guess the Forum police just haven't caught up to your remarks yet.
April 30, 2009 at 9:24 p.m.To all of you Tyler and Hagan loving idiots out there.................
I TOLD YOU SO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Normally I dont like to rub it in this deep, but in your cases you deserve every bit of it. You all need to pack it up and take that group of grumpy old communist idiots with you that want the charter ammendments.
Now that Tyler got smacked down, I wonder how long it will be before he stops taking the VPD's cases again. Little Stevie got paddled in the principles office today, but he'll be back on the playground tomorrow being the same old psychopath kid.
April 30, 2009 at 9:18 p.m.fgossip: SEE "Waiting to Exhale..." blog, and all your wishes will come true. (okay, not really) but, you will read the reason for dismissal.
April 30, 2009 at 7:52 p.m.I'm looking forward to reading Judge Williams' written dismissal on this case as well. As far as I know, this decision was not based upon a motion by Ure's defense attorneys. Even judges are limited in what they can and can't do, and if Judge Williams exceeded his authority, his decision will be reversed by the Court of Appeals in Corpus. In other words, this ain't even close to being over.
April 30, 2009 at 7:48 p.m.Ure musta had some good blackmail on this judge too...
April 30, 2009 at 6:58 p.m.So sort of a answer Don,
I'll wait to here what legal reason Judge Williams dismissed the case.
Could be that, yes in fact the defense has a right to call Tyler to testify.
Not one thing so far has explained whether the case was without merit, or whether Tyler can indeed by called as a defense witness.
According to the above story, the case was dismissed period, with no explanation.
April 30, 2009 at 6:56 p.m.The essential nature of a "fix" is to take what appears to be a fair contest of uncertain outcome, and to make certain which side loses.
April 30, 2009 at 6:30 p.m.Tyler said "Williams DQ’d DA, office from handling future cases involving these city officials, a power Cheshire said a judge doesn’t have...."
Wait a minute, I was in court that day and the defense attorneys ask to have Tyler removed as the prosecutor because they were going to call him as a witness as he was the one that"harm was done done too" and therefore could not prosecut at the same time. Judge Cheshire ONLY said he'd have to research it as he said he was sure if he had the power to do that. He never said he COULDN"T.
I suspect Mr. Tyler heard what he wanted to hear.
April 30, 2009 at 6:20 p.m.What legal reason was cited to quash the indictment tho?
It isn't on the story above so far.
April 30, 2009 at 6:14 p.m.Fantastic news!
It is unfortunate that Tyler has wasted so much time and money (tax dollars) on this political vendetta.
For the good of the community, Tyler should go back to work for the rest of his term and do what he was elected to do.
Sounds like Tyler is probably of the opinion that he must win at all costs--and is coming back for more. It is all or nothing and totally personal for Tyler and always has been.
Too bad that the all the costs are to the community.
April 30, 2009 at 6:09 p.m.It's interesting that Tyler is going to appeal the judges decision, but I don't think he'll have much luck since Kemper Williams really knows his stuff, plus Tyler hasn't been able to win at the Appellate Court level yet.
On the down side, as a tax paying resident of Victoria County, I'm really getting tired of Tyler continuing to waste my tax dollars in his fruitless and vindictive efforts to "get even" with those who dared to question his authority. I don't know if the County Commissioners can do anything about him, but I'm sure going to be at their next public meeting asking for some action be taken to calm him down! There's enough drug cases, robberies and family violence cases on hand to keep him busy trying real criminals instead of pursuing a useless vendetta.
It's time to get back to business Mr. Tyler, you're just digging the hole you're in deeper and deeper.
April 30, 2009 at 6 p.m.Tyler is a LEGEND IN HIS OWN MIND !
He would prosecute a brick if it made him mad!
He would prosecute a cow if he walked in a pasture and "stepped in it." He would probably get a DNA sample of all the bovine in the field!
Oh, well!
April 30, 2009 at 5:49 p.m.Nothing surprses me about the comments from Maximus, zorro, nothingsurprisesme, and american. I'm still waiting to hear from ALS. Observer and the rest of the Tyler fan club and employees.
Come on now, surely you must have something to say.....
April 30, 2009 at 5:42 p.m.So, now can we get on with prosecuting REAL criminals? Has anyone considered how many drug dealers, gang members, etc. have moved into Victoria knowing the DA won't prosecute unless he is guaranteed a victory? Tyler has laid out a huge welcome mat to all the undesirables who now have free reign to commit crimes without fear of punishment.
April 30, 2009 at 5:40 p.m.Man, I bet that's gonna leave a mark that won't soon heal!
Envisioning tomorrow's headlines:
"Fire Damages City Offices"
and on page B6:
"Local DA Patents New Process for Internal Combustion"
Ernie
April 30, 2009 at 5:36 p.m.Does this mean that Victoria isnt on the hook for Ure 's public defender(s) even though he has a private lawyer also ? What does this mean of the testimony of Mr. Hagan that was coroberated. This is just a symbol of politics on the city level.
April 30, 2009 at 5:20 p.m.On March 28, 2009 a story appeared in the Austin American-Statesman about Exxon and the O'connor family. Exxon had won on appeal a case from Refugio County from the O'Connor family. In a 1999 trial, Refugio County jurors found that Exxon acted with malice in plugging wells on O'connor property. The Texas Supreme overturned that verdict on an 8-0 vote on a technicality that the O'connors had waited to long to file suit against Exxon.
The ruling by the Texas Supreme Court was a classic example of how money pervades the judicial system in Texas. Exxon had more influence (money) on the supreme court than the O'connors did. The O'connors had more influence (money) on the judicial process in Refugio County than Exxon did. I did not ever see this story in the Victoria Advocate and I wondered why at the time. The story can be found online at
http://www.statesman.com/search/conte...
My point is merely that money has corrupted the judicial system in Texas. I have seen many polls that validate my earlier statement that Texans overwhelmingly believe justice is for sale in this state.
April 30, 2009 at 4:54 p.m.minus the cap locks...
April 30, 2009 at 4:48 p.m.THANK YOU JUDGE KEMPER STEPHEN WILLIAMS!!!
AND TO ALL THE LAWYERS COMMENTING ON THIS LETS BE MORE DRAMATIC NEXT TIME.
April 30, 2009 at 4:46 p.m.Maximus,
Don should calm down? He's not the one typing in ALL CAPS which many do take as the equivalent of yelling.
Don Mader is just relieved and happy and grateful as many of us are to finally see a possible end to this mess. Now we can go about the work of healing the community.
MD
April 30, 2009 at 4:01 p.m.The Texas justice system has a long and sordid history of judges putting politics above the law. The politics are so heavy in Texas courtrooms that it has virtually destroyed the traditional respect for the bench. Justice is so poorly administered in Texas that it has been spotlighted by major television esposes linking the influence of campaign money on the decisions of judges. The overwhelming majority of Texans believe justice is for sale in this state.
April 30, 2009 at 4:01 p.m.Long overdue. Somehow though, I just don't see Mr. Tyler moving on with his life and career. Type "A" personalities don't operate that way. They must win at any cost. I'm just sorry to be a taxpayer in this town.
April 30, 2009 at 3:53 p.m.NOW, NOW, DON. DON'T LET YOUR EMOTIONS GET OUT OF CONTROL. OPINIONS VARY. MAYBE YOU SHOULD GO OUT AND WORK IN THE GARDEN SO YOU CAN CALM DOWN.
I FIND IT INTERESTING YOU KNOW MUCH ABOUT THE TEXAS RANGERS, BEING FROM CALIFORNIA AND ALL. THERE IS NO RANGERS IN FLORDIA OR NEW YORK EITHER.
BUT, IT'S A FREE COUNTRY, AND YOU HAVE THE RIGHT TO VOICE HOW YOU FEEL. THAT'S PRETTY GREAT I THINK. TAKE A DEEP BREATH, RELAX, AND STOP BANGING THE OLD DICTIONARY SO HARD BUDDY.
April 30, 2009 at 3:50 p.m.Hey Zorro....ask David. Although, he made have been cut a deal, so you might have to pay a higher price.
April 30, 2009 at 3:31 p.m.What is the going price now for selling your soul to the Devil?
April 30, 2009 at 3:26 p.m.You got it right maximus - "AN OLD TEXAS RANGER ONCE SAID, "NO MAN STANDS A CHANCE, AGAINST A MAN ON THE SIDE OF RIGHT". Only tne problem is that Bruce Ure is the man on the side of right.
Here's some adjectives from Meriam & Webster that describe Tyler's character and actions:
avenging - resentful, - uncharitable, - unforgiving; - catty, - cruel, -despiteful, - hateful, - malevolent, - malicious, - malign, - malignant, - mean, - nasty, - sadistic, - spiteful, - vicious, - virulent; - grim, implacable, - merciless, - baleful, - baneful, - evil; - harsh, - hostile, - inimical, and lest we forget - despicible!
Three cheers for the good guys!
April 30, 2009 at 3:16 p.m.Way to Go!!!
It's about time that somebody called this farce for what it is--a waste of tax dollars and law enforcement time!
April 30, 2009 at 3:05 p.m.Vindication at last!!!!!!!!
Tyler may have been able to buffalo three grand juries, but he couldn't do that to District Judge Williams! He has so mishandled the situation that Judge Williams barred anyone for Tyler's office to have anything to do with the remaining cases. Chances are pretty good that the cases against Buentello and Smith will also fall by the wayside just as quickly.
Judge Williams has a reputation for strictly following the letter of the law, including rules of evidence - so Bye Bye Stevarino!
Winesses said that they'd never seen the "highest law enforcement officer in town" (Tyler's words) so upset after getting the back of Williams hand across his lips. I've been following this case closely and this hearing was originally scheduled for tomorrow, so sad to say, I missed the highlight of the year!
Keep in mind Tyler fans, the Judge has seen Tyler's evidence so don't be crying that justice wasn't served because it truely was served here today.
It cracks me up that Tyler's work was so shoddy that his office and staff can't touch the rest of the cases.
That being the case, keep in mind how much Tyler has cost City taxpayers in paying for everyones' defense with the foolish and useless charges he brought with his vindictive attitude.
Remmber the cost when Tyler is up for re-election if he's silly enough to run for office again.
I'm really looking forward to the spewing of righteous indignation by the Tylerites - all the whining and "P & M"ing. Bring it on folks, it'll do my heart good.
April 30, 2009 at 3:02 p.m.AN OLD TEXAS RANGER ONCE SAID, "NO MAN STANDS A CHANCE, AGAINST A MAN ON THE SIDE OF RIGHT, THAT KEEPS ON A 'COMIN".
TYLER IS AN EX-ARMY RANGER. IF YOU THINK HE'S GOING TO BACK DOWN, YOU GOT ANOTHER THINK COMING!
MY DAD ALWAYS SAID, "IT'S NOT HOW BIG THE DOG IS IN FIGHT. IT'S HOW BIG THE FIGHT IS IN THE DOG".
GO GET 'EM BUZZ SAW!
April 30, 2009 at 2:59 p.m.Local judge - maybe he can see things others can't?
April 30, 2009 at 2:58 p.m.Haganeers!! Come out, come out, where ever you are..........
THIS is the man you stand behind???? A man willing to participate in such dealings as these, only to backfire and reveal what has been all along??
Once again - something else to add to the "ICK Factors".
Despicable!!!!!!!!
April 30, 2009 at 2:50 p.m.WOW!!!!!!!! Can anyone believe that this case - after all this time and effort (with David Hagan's assistance) - has been quashed?!?!?!?!??
April 30, 2009 at 2:46 p.m.who is this judge?
April 30, 2009 at 2:42 p.m.I guess this takes a little wind out of the CRG, Hagan, Fortenberry, and Perez campaigns.
Lets move on Victoria and elect Lyon, Neitsch, Polasek, Martinez and Truman.
April 30, 2009 at 2:37 p.m.Nay-sayers, take note: Malicious intent does NOT pay off!
Tyler, Hagan, and ALL haganeers - this message is for YOU.
April 30, 2009 at 2:37 p.m.WOW and all of our tax dollars gone out the wind for this?
April 30, 2009 at 2:36 p.m.Justice has been delayed and today it was denied.
April 30, 2009 at 2:36 p.m.Great!
April 30, 2009 at 2:34 p.m.WOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
April 30, 2009 at 2:31 p.m.