As I noted here, SB834 by Estes would have protected and even increased the possibility of runaway grand juries, such as the one in Judge Susan Brown’s 185th District Court. Fortunately, the Texas House Criminal Jurisprudence Committee killed it by leaving it pending in committee. The only chance it has now of being revived is by attaching it as an amendment to another bill but several reps are carefully watching for this and will make certain that it doesn’t happen.
Several of those against the bill deserve special mention. The Denton Record-Chronicle’s editorial board came out against it. Also, Peggy Heinkel-Wolfe with the Denton Record-Chronicle kept a watchful eye on it throughout the session and made certain that people knew what was happening with it. Local Republican activist Don Hooper traveled to Austin to testify against it. Many of us sent notes to our state representatives about the dark side of this bill.
I doubt that anyone’s testimony had greater effect than that of former Harris County First Assistant District Attorney Jim Leitner. He simply destroyed the bill’s carrier in the House, Rep. Stefani Carter (R-102). It was apparent that Rep. Carter’s very limited experience as a misdemeanor prosecutor in the Dallas area didn’t prepare her well for arguing with someone of Mr. Leitner’s stature. He had to educate her on the difference between federal and state grand juries, the role judges have in picking commissioners for their grand juries, and even why it would be impossible to gather statistics if confidentiality was in place. Makes you wonder why Speaker Straus appointed her Vice-Chair of this committee.
Here is Mr. Leitner’s testimony before the committee:
Excellent article David, and it’s very apparent that Carter needs more experience. Mr. Leitner was spot on and correct. He definitely is a very well educated, seasoned attorney and stands for the citizens of Texas. Thank You Mr. Leitner.
I wonder if Cow Chip and Murray are crying in their beer at this time?
Jim Leitner, a very busy trial lawyer, took time to fly to Austin to testify on this very important bill. As, Jim and I waited for the House to adjourn on Monday and the committee meetings to start we listened to the floor debate on the”Michael Morton Bill” SB1611. This bill will require prosecutors to turn over all evidence in a criminal trial. Michael Morton was introduced by one of the House members to a standing ovation. He was sitting in the gallery a few rows over from us. Michael Morton was imprisoned for 25 years for a murder he did not commit. DNA evidence was withheld by Ken Anderson and not tested. A lawyer here in Houston was finally able to get the evidence tested and led to the real killer who had murdered someone else. SB 834 is dead and Michael Morton’s bill SB 1611 passed the house floor. It was a day I will long remember. I thank the good men and women of the Harris County District Attorney’s Office who go to work and do justice every day. It is sad Jim Leitner is no longer there…The Governor signed SB 1611 the “Morton Bill” into law yesterday.