GRAND INJUSTICE

For those that are just now tuning into Liberty Dispatch or those who have missed an occasional article or comments by our readers, it is important to recognize the immense power the prosecutor has in this county. His power starts with the discretion of either bringing a potential case before a Grand Jury or ignoring a potential case. Corruption can flourish where one person has an inordinate influence on justice, rather than justice being dictated by the rule of law. If you have tuned in to Liberty County politics for the last twenty years, you may have begun to suspect that we have that situation here. It doesn’t mean every case has been decided unjustly or that every case is rigged.

A grand jury is the type of jury that determines whether there is probable cause for trial. When done properly, grand juries carry out this duty by examining evidence and issuing indictments or by investigating alleged crimes. But the original purpose of the grand jury was to act as a buffer between the king (and his prosecutors) and the citizens. This safeguarding role has been erased in Liberty County, and the grand jury simply acts as a rubber stamp for the prosecutor, who in many ways has built his own kingdom here in Liberty County.

The politics swarming around Mike Little involve everything from money and budget matters to personal vendettas to the fast sinking local Democrat Party he now finds himself the unofficial head of. All those politics can create a broken system. Just look “follow the money” as they say. Little has one budget tied to the Commissioners’ County Court and another budget that is unseen and unchecked by taxpayers because it is from money recovered in drug busts, etc. The ties between District Attorney Mike Little and the budget we all see in the newspaper are worrisome. His part of the budget (the part the public sees) has more than doubled in the last four years, while Little has passed on indicting a majority of the Commissoners’ court. Is that a way of paying off Little? In other words, would these men have doubled his budget had he indicted them! The same court tried to cut the budget of District Judge Cain when he questioned their actions during the FEMA scandal.

Since the role of the Grand Jury is only to determine probable cause, there is no need for it to hear all the evidence, or even conflicting evidence. Again it is left to the good faith of the prosecutor to present conflicting evidence! There are many citizens in the county who no longer can depend on the “good faith” of Liberty County District Attorney Mike Little as a means to receiving justice.

In most jurisdictions, Grand Jurors are drawn from the same pool of potential Jurors as are any other Jury panels, and in the same manner. The pool generally consists of names culled from various databases, such as national voter lists, motor vehicle license lists and public utilities lists. In Liberty County after they get names from this pool, a citizens’ group goes through the list. Unlike potential Jurors in regular trials, Grand Jurors do not need to be screened for biases or other improper factors. So the selection of Grand Jurors is not so random and it is not necessarily made up of people with no agenda. In fact we have talked to more than one person on a Liberty Grand Jury that was left with the impression they were “invited” or “chosen”. Evidence of that are the facts about one of Liberty County citizens who has been the Grand Jury foreman no less than every other year since retirement. What are the odds? According to records obtained by Liberty Dispatch a review of records of Liberty County Grand Jury members from the District Clerk’s office, the Grand Juries chosen in Liberty County could have easily been constructed to have this man or some other influential Democrat on every one of the Juries over the last two decades. Names of former Liberty County Democrat Party Chairman, Democratic Precinct Chairmen, local well known Democrat activists, relatives of public officials and activists, and a former Liberty County Judge are all over the rosters. Think about all of this. How many of us have even been asked to serve on one Grand Jury? How many of our spouses or our brothers or sisters have been on one Grand Jury?

The Grand Jury is independent in theory, and although the instructions given to the Grand Jurors inform them they are to use their judgment, the practical realities of the situation mitigate against it. First consider that the Grand Jury hears only cases brought to it by the prosecutor. The prosecutor decides which witnesses to call. The prosecutor decides which witnesses will receive immunity. The basic questioning is done by the prosecutor on a theory he or she articulates. Later a Grand Jury may find out there was a great deal more to the case and they may even read the media accounts and find that the defendant that appeared so guilty in Grand Jury proceedings was actually innocent. Meanwhile, tens of thousands of legal fees later and after public humiliation, the prosecutor can even lose the case and feel victorious by dragging his enemies through a system he has made a torture chamber of. Who dares to go up against Mike Little when he has such powers?

A rogue District Attorney like Mike Little can burn unpopular, unknown people accused of crimes to impress the public with his “law and order” credentials. He can also afford to freely allow almost anyone to be chosen on most Grand Juries treat most cases routinely. But if he wants to have a certain outcome, he can plant most anyone in the Jury he wants. He can have them there “just in case”. They can steer the Jury if he needs them to or if things are going like he wants them to – he can sit back and enjoy.

Liberty Dispatch has decided not to post any of the names of Grand Jurors. We certainly could. But we are in hopes the committee that selects Grand Jurors will reform itself. There are plenty of respectful thoughtful people in this county of 70,000 people. Please choose a wider variety of people. We know who you are and WE THE PEOPLE need you to do a better job. Our system depends on you!