Appellate court denies first of Tyler's petitions
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Online
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 ...
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Online
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 are 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 the Ratcliff investigation. The city officials maintain they were concerned the investigation was mishandled and that District Attorney Stephen Tyler's prosecution of them is retaliatory.
Judge Stephen Williams dismissed the case against Ure on April 30.
All charges against Armstrong were dropped. The only charge that remains against Smith and Buentello is an aggravated perjury charge.
District Attorney Stephen Tyler lost the first of four chances to undo a district judge's rulings, according to court documents filed Friday.
The state's 13th Court of Appeals denied the petition Tyler filed to unseal documents. Those documents pertain to Police Chief Bruce Ure's aggravated perjury case, which a judge dismissed in April.
"I have several options," Tyler said. "I can ask for the court to reconsider, if you will. I can take it to the Court of Criminal Appeals, the highest court for criminal matters. I haven't had a chance to talk with my appellate attorneys. I would wait to talk with them before I make any decisions."
In April, District Judge Stephen Williams:
Dismissed the aggravated perjury case against Ure.
Quashed grand jury subpoenas Tyler served to city employees.
Disqualified Tyler from prosecuting Ure and other city employees linked to the case.
Sealed portions of the case.
At least for now, the case's sealed portions remain sealed. The appellate court will consider the other three legal items during the next several months.
"Obviously, I'm thrilled the appellate court made its initial ruling in our favor," Ure said Friday night. "I hope this ruling sends a message to the district attorney's office that enough is enough."
Tyler took his fight to the appellate court in May. He first filed a notice to set in motion efforts to appeal Ure's case dismissal. He next plans to file his appeal brief and briefs for the other two petitions.
George Hyde represents the city of Victoria.
"All I can really say is that I feel the court of appeals made an appropriate ruling and properly followed the law," Hyde said. "The opinion speaks pretty strongly."
Because Williams sealed portions of the case before it went to the appellate court, Tyler's petitions and the city's response remain closed to the public.
While the court publicly released its denial, its reasons for the opinion revealed little.
"The court, having examined and fully considered the petition and the response, is of the opinion that (Tyler) has not shown himself entitled to the relief sought," the court document notes. "Accordingly, the petition is denied."
Mayor Will Armstrong said he hopes the denial is a sign of things to come.
"This has been going on for a long time," Armstrong said. "This would be a good time to quit spending the taxpayers' money on this issue. I'm of the belief that the community is ready for this issue to be over. I wish it was over."
Tyler gave no indication on Friday that he will comply with the mayor's wishes.
"I still believe it will take until the end of the year to resolve all four actions," Tyler said. "Some might finish before others; some might be appealed by either one of the parties. I believe both the facts and the law support my decision. I hope a court will hear it and listen to the merits of it. We'll see what happens when someone looks at both the law and the facts."
Comments
I guess freedom of speech only counts if your not talking about Tyler? I hope he remembers all of this come re-election....everydog has his day.
August 3, 2009 at 1:42 p.m.This comment was removed by the site staff for violation of the usage agreement.
August 3, 2009 at 11:33 a.m.I can't wait for election time to roll around. Time to clean house.
August 3, 2009 at 11:17 a.m.X
Question for you, Speechfree....
Do you REALLY think the Texas Court of Appeals is also part of the conspiracy by the "old guard in Victoria" to get Tyler?
Zorro,
August 1, 2009 at 9:35 p.m.If Tyler is foolish enough to run for re-election, won't the cloud of a LOSER hang over him? I mean really, how many times did indictments from how many different grand juries get tossed and now the Appeals Court is taking it's turn?
What song the Syrens sang, or what name Achilles assumed when he hid himself among women.
August 1, 2009 at 6:38 p.m.Sir Thomas Browne
John123
Then the next time the DA indicts a double axe murderer, it's just a ham sandwich, right?
August 1, 2009 at 11:01 a.m.No matter whoever gets elected to any political office, some of these people get drunk with power when elected to office.
August 1, 2009 at 10:59 a.m.The DA or prosecutor can persuade the members of grand jury very easily.
August 1, 2009 at 10:51 a.m.Unless the cases are heard by a jury of their peers, a cloud of suspicion will forever hang over those who were indicted by 3 different grand juries and then mysteriously spared from the gallows by a secret ruling by a judge whose masters are the old guard of Victoria.
August 1, 2009 at 10:43 a.m.David,
It's because Zorro and his friends are employees of Mr. Tyler.
August 1, 2009 at 10:32 a.m.Why doesn't the DA's office appeal other cases it loses??? So why this one??? Is the DA taking it way to personnel??? If it is a personnel issue and I'm pretty sure it is the DA should sit back and take a close look at what he's doing. There is no room for personnel vendettas. If he is spending this much time on one case then all cases should get the equal treatment, instead they just get dismissed. Great Job in assuring Justice!!
Oh and the wasting money comment by the Mayor. Thats the pot calling the kettle black. So if they both quit wasting money then the City employees, other than the City Mananger, could get a raise right?
August 1, 2009 at 10:08 a.m.Can we get rid of Tyler? I voted for him and I'm ashamed I did now. While I don't agree with the mayor and others "leaking" info about Ratcliff I think this is like beating a dead horse. How often have you "leaked" or gossiped about someone you work with on a daily basis. And besides it didn't matter because the ahole got off for molesting those boys and I do believe it's because he was working for the DA when the charges came out. Victoria is such a clicky town and you just get lucky sometimes with the side of the click you are on.
August 1, 2009 at 9:39 a.m.So, Mr. Mayor, the rule of law should be swept aside? I'm confused, is that what you mean by ""This has been going on for a long time," Armstrong said. "This would be a good time to quit spending the taxpayers' money on this issue. I'm of the belief that the community is ready for this issue to be over. I wish it was over.""
August 1, 2009 at 8:15 a.m.I wish that justice would prevail and people who broke the law, perjured themselves and obstructed justice would be tried by a jury of their peers.
I love this. So many of the old guard in Victoria think they can do what ever they want to anybody with impunity. Let this be a lesson to you. You better be ready to defend your acts [even with lies] to get out of it- you may run into somebody who make you run the gauntlet.
August 1, 2009 at 1:38 a.m.auhhh Mr. Mayor take your own advice. Stop spending taxpayers money.
August 1, 2009 at 1:30 a.m.