[Watchdogs] "This is an ongoing investigation and we are aggressively pursuing the case." - Tom Kelley, spokesperson for AG Greg Abbott [Jodi Lehman, Johnson City Record Courier]

[Milton Hawkins]

[This story also appeared in the Blanco County News and the Horseshoe Bay
Beacon.]


Johnson City Record Courier


Grand <http://www.jcrecordcourier.com/news/article/10655>  jury takes no
action on PEC

By Jodi Lehman 

January 15, 2009 <http://www.jcrecordcourier.com/news/issue/2009-01-15>  

The term of the Blanco County grand jury hearing evidence about possible
criminal wrongdoing at the Pedernales Electric Cooperative ended last week
without any indictments being issued. Tom Kelley, spokesperson for Texas
Attorney General Greg Abbott, said, "This is an ongoing investigation and we
are aggressively pursuing the case." Citing the secrecy of the grand jury
process, Kelley declined to make any further comment.

The grand jury selection process is spelled out in the Texas Code of
Criminal Procedure, and allows a district judge to either appoint a "jury
commission" to prepare a list of qualified prospective grand jury members or
summon a panel of 20 to 125 prospective grand jurors in the same manner as
calling a panel of jurors for a civil court case.

In an interview Monday, 424th District Judge Dan Mills said he uses the jury
commission method and appoints three people to serve as commissioners to
prepare a list of 25 to 40 names of individuals they believe are qualified
to serve on the next grand jury. Mills uses this process in all three
counties he serves, Blanco, Llano and San Saba.

Judge Mills initially named Elaine Swiss, Randy Schulze and Joe Summy as
jury commissioners for the upcoming grand jury selection process. Mills said
he did not personally know Summy before appointing him. But after learning
of Summy's public writings and comments about PEC matters, Mills said he
telephoned Summy and they decided it was not in the best interest of justice
for him to serve as a commissioner at this time. Summy had not been sworn
in, and removed himself as a potential commissioner.

Mills has selected another person to serve on the jury commission, but would
not divulge the person's identity until the district clerk receives
confirmation that the person will be able to serve in the position.

On Friday, Jan. 16, Swiss, Schulze and the third commissioner will meet to
prepare a list of 20 to 40 names from the list of qualified county
residents. State law guides the selection of potential jurors. "The
commissioners shall, to the extent possible, select grand jurors who the
commissioners determine represent a broad cross-section of the population of
the county, considering the factors of race, sex, and age." (Art. 19.06,
Code of Criminal Procedure).

The list will be sealed in an envelope, only to be opened by authorized
officials in order to summon the people to appear on Feb. 4 for possible
grand jury service. On that date, Judge Mills will use a random,
mathematical formula to select the individuals to serve from the "array" of
jurors. "Sometimes I select every other name, sometimes every third name
until I have 12 qualified grand jurors and one alternate."

Before the grand jury has been impaneled, any person may challenge the array
of jurors or any person presented as a grand juror. Mills said the Feb. 4
selection process is open to the public and anyone who chooses to challenge
a juror's service may do so.

The grand jury that was impaneled in September 2008 included at least three
members with ties to PEC. With more than 875 PEC employees in the hill
country and its headquarters located in Johnson City, many Blanco County
residents have ties to the PEC. Judge Mills said he does not voir dire the
jury array about their personal history or beliefs prior to selecting the
grand jury, so in that regard selecting the grand jury is much different
than selecting a trial jury.

To serve on the grand jury, a person must take an oath to not allow "envy,
hatred or malice" nor "love, fear, favor, affection or hope of reward" to
affect their decision to indict or not indict a person for a crime.

Once the grand jury is impaneled, Judge Mills is not involved in the grand
jury process unless the grand jury has a legal question and calls in the
judge for legal advice.

Mills and his family attend the First United Methodist Church of Johnson
City. Mills said it was mere coincidence that the three commissioners he
initially selected for the new term had connections to the same church.

Since the PEC inquiry would require substantial staff with complex financial
investigation expertise, District Attorney Sam Oatman officially turned over
the PEC investigation to the attorney general in August. Although he is no
longer involved in the PEC inquiry, Oatman explained the basics of the grand
jury process in an interview this week. The prosecution presents all felony
matters to a grand jury unless the defendant waives a grand jury. The jurors
hear much more evidence, including hearsay, than is allowed in a trial. The
prosecutor does not have to prove the case beyond a reasonable doubt; there
is no specified "burden of proof" standard that must be met to obtain an
indictment. "Double jeopardy" does not apply to the grand jury process, so
if a grand jury "no bills" or does not return an indictment, the prosecutor
may present the same case to the next grand jury.

Since the PEC matter dominated the time of the prior Blanco County grand
jury and it appears the new grand jury will also be presented with PEC
issues, Oatman said he has asked Judge Mills to consider appointing two
Blanco County grand juries for the upcoming term. The attorney general can
present PEC matters to one grand jury, and Oatman can present non-PEC felony
cases to the second grand jury. As of press time, Judge Mills had not
determined whether he would convene two simultaneous grand juries.

Copyright 2009 Johnson City Record Courier 

E-mail: jcnews at moment.net

jcnews at moment dot net
. Phone: (830) 868-7181 . Fax: (830) 868-7182 

 

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