Archive for October 21st, 2011

Can I offer you a ham sandwich?

Friday, October 21st, 2011

We have previously covered Harris County’s problems with their Blood Alcohol Testing (BAT) vans. Those problems can perhaps best be summed up as: they weren’t reliable.

Now comes word from the HouChron that:

  1. A grand jury is apparently investigating the situation, and
  2. The grand jury is taking testimony without prosecutors present. As a matter of fact, they’ve actually expelled the prosecutors from the grand jury proceedings.

The DA’s office is…not pleased. As Murray Newman, a former DA, puts it: “The Grand Jurors excluding the prosecutors from the testimony is kind of the equivalent of the President being booted out of a Cabinet meeting.”

The HouChron piece is short. The Hon. Mr. Newman’s piece over at his site provides more background: he has his own spin on things, but he’s also more familiar with the background and the people involved than I am. Summarizing his position, it seems like the DA was trying to get revenge on the BATVan whistle blowers by pushing for a grand jury indictment, but it looks like the grand jury is digging into the conduct of the DA’s office instead.

This could turn interesting real quick.

Paging Mike the Musicologist.

Friday, October 21st, 2011

Under questioning from [defense attorney Russ] Horton Thursday, [Bee Cave code compliance officer Michael] Polley said he couldn’t say what the definition of fine art was or how the mural did or did not meet community standards.

This was kind of an odd case, with a bizarre ending. Planet K, a local chain of head shops – excuse me, “adult novelty stores” – has been planning to open a location in Bee Cave, and had local artist Kerry Awn do a mural for them. The city of Bee Cave claimed the mural was an illegal sign, and went to court.

At trial, the judge issued a directed verdict – basically, ordering the jury to return a “not guilty” finding – because the city of Bee Cave failed to prove that “AusPro Enterprises”, the company being prosecuted, actually owned the property or had any connection to the Planet K chain.

In my experience, directed verdicts are rare. I can’t remember the last time I heard of one being issued around here. And it sounds like somebody in the Bee Cave DA’s office failed to do their homework.