Houston DA Screws Up Again! What’s With Rosenthal?

Hum…a Texas Supreme Court Justice and his wife were indicted for a 2007 arson that destroyed their Spring home. Then the charges were dropped.

But that’s not the story…

It seems that Harris County District Attorney Chuck Rosenthal failed to file proper paperwork to extend the grand jury’s term. Therefore, the grand jury that indicted David Medina and his wife, were disbanded. According to the Houston Chronicle:

At least two months of grand jury work is now nullified because the District Attorney’s Office failed to file the proper paperwork to extend the jury’s term, the judge said.

The ruling added to growing frustrations among the grand jurors who believe their efforts were wasted, while the prosecutor in charge of the case defended his actions to have the Medina indictments dismissed Friday.

The case should have been investigated further before dismissing the indictment, Wallace said.

Grand jury foreman Bob Ryan expressed frustration knowing that jurors’ work was irrelevant due to Rosenthal’s error. “I think voters of Harris County are entitled to a more competent staff in the District Attorney’s Office than they have today,” Ryan said Tuesday. “This is sheer lunacy and incompetence on the part of the elected district attorney. If it weren’t so serious, I would be amused.”

Question: So considering all the problems that have plagued Chuck Rosenthal – do you think he should step down or complete his term?

Tim Masters – DA Says Dismiss The Murder Charges!

After nine years in prison, Tim Masters was finally freed after DNA evidence indicated that someone other than Masters might have committed the crime.

Nine years and finally freed. Yet, his freedom wasn’t complete as the charges against Masters were not immediately dropped.

According to CNN: “A jury convicted Masters 12 years after the discovery of Hettrick’s stabbed and sexually mutilated corpse in a field near his trailer.

Among the evidence jurors considered were a collection of knives found in Master’s bedroom, gruesome sketches and testimony from a prosecution expert that he fit the psychological profile of a killer.”

Masters is angry and rightly so. He feels that his conviction was the result of an overzealous investigators efforts to win a conviction. Jim Broderick was that investigator and much like Mike Nifong (Duke Prosecutor) might have pushed too hard to gain a conviction instead of looking objectively at the crime and the person accused.  See Jim Broderick Blog.

The Denver News reports: “Masters’ defense team had DNA evidence independently analyzed in the Netherlands and found that it matched a different suspect from early in the case, and their results were confirmed Friday by the Colorado Bureau of Investigation.

The Denver Post is reporting that the suspect DNA belongs to the victim’s former boyfriend.”

In the latest news, a Colorado prosecutor asked a judge to dismiss the first-degree murder charge against Time Masters. According to CNN:

Court papers filed by District Attorney Larry Abrahamson cited “newly discovered” evidence, but took pains to state that evidence didn’t clear Masters.

“While the newly discovered DNA evidence does not exonerate Timothy Masters, it clearly warrants a complete re-examination of all the evidence related to the murder of Peggy Hettrick,” the court papers state.

The motion seeks dismissal of the charges “in the interest of justice.” It points out the DNA testing used to uncover the new evidence wasn’t available when Masters was investigated and tried.

In a statement, the prosecutor cautioned: “Contrary to news reports, the DNA testing results only suggest that there may be others, along with Timothy Masters, who should be investigated. These test results do not provide us with enough information to completely exonerate anyone.”

Abrahamson said he has asked Colorado Attorney General John Suthers to appoint a special prosecutor to continue the investigation of Hettrick’s slaying.

Freedom came for Masters at a huge cost. Not a dollar cost but a cost that is immeasurable – the cost of time and life. Data is now being handed over to the Master’s defense team – items that they should have received at the time of the trial. Included with that is a police interview with a plastic surgeon who stated that it was unlikely that Masters (a teen at the time) could have made the meticulous cuts needed to remove the victims body parts.

Question: What should happen to those who withheld such evidence…evidence which if presented to the jury at the time might have spared Masters from years of unnecessary incarceration?

Another Prostate Cancer Loss – Ross Younkin – A Tribute To His “Big Life”

As we walked into Bluebonnet Hills Funeral Home in Colleyville, Texas, my wife asked me to hold some tissues she had picked up. Looking back at her, I asked, “You think you’ll need these?”

“Perhaps,” she replied, as she was connected to him not only from personal visits, but through close friends of ours. She had met Ross during the last months of his life. He was then dying from advanced prostate cancer and all knew that he was facing his last days on earth.

My connection to Ross was quite different. I only knew Ross through the stories of others – we had never met. What we did have in common was prostate cancer. His was caught late and there was no hope of recovery. Mine, caught early, was now not a part of my life. I was free to live my life. Ross’s life, on the other hand, had been cut short from the same disease.

So, as I walked to the register book at the funeral home to sign our attendance, I noticed blue pins for prostate cancer awareness (just like the pink pins that women wear for breast cancer awareness). As I picked one up I felt a rush of emotion realizing, that as I pinned this on my lapel, I was a survivor (by the grace of God) and Ross was with God.

People gathered to remember the joy and the experiences that came from knowing Ross. They gathered in support of his wife, children and extended family. They gathered because he made a difference. One after the other his friends spoke of his “Big Life” and the experiences they had in working and playing with Ross during the time he had on earth. Through their expressions of sorrow and humor, I began to see the enormity of the life Ross lived and the depth at which he touched others.

I was moved. While I have been to many funerals, this one especially touched me. Perhaps it hit too close to home. Perhaps, I thought, “It could have been me.” But the part that rang home with crystal clarity for me was his son’s comments about how his son (Ross’s grandson) would come to know of the man his grandfather was. I feel sure that the room, full of baby boomers, won’t let this little man down – he will know of the life of Ross Younkin.

Not long there after, I heard the drone of bagpipes as one of his best friends (and they all considered themselves his best friend) played tribute to Ross. Choking back tears, Chip honored his friend and touched hearts – mine included.

As we drove away from the graveside, I asked my wife, “Just how did Ross find out he had cancer?” She replied (as best she could recall) that he had a problem that took him to the doctor and something showed up but his doctor didn’t seem to be concerned. He (Ross) was angry about that – the doctor should have been vigilant knowing the impact that advanced prostate cancer can have on one’s life. Likewise, Ross was angry at himself. He felt like something wasn’t right, but didn’t push the doctor to make more tests. “Just like most men,” I thought to myself.

Wake Up Call! As a prostate cancer survivor, more and more, I hear stories of how men find out they are cursed with prostate cancer. Two nights ago I received a call from a man who was exploring treatments (for prostate cancer) and wanted to talk about the treatment I elected. One of my first questions was, “how did you find out?” He replied that he had hurt his foot and so while there his doctor required a full exam including a DRE (digital rectal exam). It was then that something unusual was discovered. He, like me, had no symptoms and would have no practical reason to go to the doctor. However, in both our cases, for other reasons, we had physicians who saw the wisdom and logic of requiring exams that saved our lives.

Prostate cancer, unlike most cancers, can generally be detected through a simple blood test. While that isn’t fool proof, a PSA test required by my doctor, saved my life. If Ross could speak to us today, I am confident that he would shout from his Harley – get tested NOW! While the rule of thumb is that you should have the test certainly by age 50 – I contend that you should start in your early 40’s. Mine was diagnosed at age 47. Prostate cancer is curable if caught early enough. If you have been diagnosed with prostate cancer, consider reading one of my early blogs related to treatment options – a link is attached: prostate cancer blog

Ross Younkin: How can you measure the life of a man? It was said yesterday that Ross collected music – lots of music. I wonder if he had the song “Season’s of Love” from the musical RENT? In the lyrics it says:

How do you measure a year? In daylights, in sunsets, in midnights, in cups of coffee. In inches, in miles, in laughter, in strife.

How can you measure the life of a man? In truths that he learned, or in times that he cried. In bridges he burned, or the way that he died.

It’s time now to sing out, tho the story never ends let’s celebrate remember the life of our friend. Remember
the love! Remember the love! Remember the love! Measure in love. Seasons of love!

Seasons of love.