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  Second Grand Jury Looking Into Fire at [TX Supreme Court] Justice David Medina's House
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ContributorDFWDem 
Last EditedDFWDem  Apr 30, 2008 02:45pm
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CategoryScandal
News DateWednesday, April 30, 2008 08:00:00 PM UTC0:0
DescriptionBy John Council
Texas Lawyer

Prosecutors today again will present a matter involving a fire at the home of Texas Supreme Court Justice David Medina to a Harris County grand jury, according to an official with the Harris County District Attorney's office.

Medina and his wife Francisca were both indicted on Jan. 17 in connection with the June 28, 2007, fire that damaged the Medinas' home and a neighboring home in Spring.

In the indictment in Texas v. David Michael Medina, David Medina was charged with tampering/fabricating physical evidence, a felony, for allegedly presenting a letter concerning an arson fire "with knowledge of its falsity and with intent to affect the course and outcome of the investigation."

In the indictment in Texas v. Francisca Jane Medina, Francisca Medina was charged with arson, a felony, for allegedly unlawfully starting a fire by igniting a combustible fluid.

Those charges were dismissed by 176th District Court Judge Brian Rains on Jan. 18 at the request of the Harris County DA's office on the ground that there was insufficient evidence. On Jan. 22, 263rd District Judge Jim Wallace ruled that the grand jury was not properly impaneled.

Scott Durfee, general counsel for the Harris County DA's office, says that he would not elaborate on why prosecutors are taking the Medina matter to a second grand jury.

"It's just being re-presented, because it's being re-presented," Durfee says. "Ultimately, all I can say that an indictment dismissed at an earlier stage doesn't foreclose the re-presentment of a case at a later date. Some cases just merit a second look."
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