Harris Co. Attorney to testify before grand jury investigating possible wrongdoing inside Victor Trevino's office

HOUSTON (KTRK) -- There's a surprise in that criminal probe of Victor Trevino's constables office.

Through our sources, 13 Undercover has learned the grand jury has now subpoenaed the testimony of another high-ranking public official. It's Harris County Attorney Vince Ryan. He's been told to appear Friday morning under oath. What we don't know is what the grand jury wants to ask the guy elected to be the county's ethics watchdog.

Just last week, 13 Undercover had tough questions for the County Attorney Vince Ryan.

"Is the end game protecting Victor Trevino?" we asked Ryan.

"Of course not," he said.

Now sources tell us the grand jury probing the constable has questions for Mr. Ryan too.

"The bottom line is you ran for public office as the ethics watchdog for this county," we told Ryan.

"I think the ethics are being much more cautiously observed by county officials," he said.

But we've been fighting for months for the voters' right to know.

Documents we have show Ryan's office had about reports of mismanagement and possible criminal wrongdoing in Precinct 6 months before the May primary. There was even a final internal investigative report done by this county lawyer for Vince Ryan. But the watchdog won't make it public. Trust me, we've tried to get it.

"You issue your Doug Ray document in its entirety and let the public see everything Vince Ryan knew before the election, that he didn't think the voters had a right to see," we told Ryan.

"I think that would be inappropriate," Ryan said.

"Really?" we said.

"Yes it would."

"You could do it tomorrow," we said.

Emails from Ryan's office acknowledge at least some of the revelations could be "the source of high embarrassment" and "black eyes for the justice system."

Ryan says he has a right to keep what he learned a secret because he's the county's lawyer, even from the county judge. Trevino was re-elected in May. Now it's Ryan who faces voters in November.

"He covered up wrongdoing that he was aware of and chose to look the other way. Instead of being the watchdog that he should be, he's a lapdog," said Robert Talton, Ryan's opponent in the November election.

We don't know from our sources if Ryan has been told to bring the report he won't show you to show them. The county attorney says his office has done a lot to clean up the constables' operations; he has given some records to the DA but not the final report of his investigation.

Just last week it was Constable Trevino on the hot seat.

"Do you expect for there to be an indictment?" we asked attorney Chip Lewis.

"I don't think the grand jury will see anything on the lines of Constable Trevino personally enriching himself, but as they are still working through the process, we are not going to to comment on the issues before them," Lewis said.

We also know from the courthouse that a grand jury subpoena for a sitting county attorney is very rare. We will be watching the developments for you Friday morning.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more 13 Undercover »

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Judge: Grand Parkway construction can continue after prehistoric bones removal

  HOUSTON (KTRK) -- A Harris County judge has just ruled that the Texas Department of Transportation can remove ancient human remains and continue construction of the Grand Parkway.

We told you on Tuesday how ancient artifacts have been found at the construction site in west Harris County, including stone tools and teeth from prehistoric bison. The artifacts could date back to between 9,000 and 20,000 years.

Archeologists asked for a two month delay so they could further explore that site, but the judge rejected that request.

The county attorney says he plans to file an appeal immediately.

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Grand Parkway construction uncovers prehistoric burial sites

HOUSTON (KTRK) -- There are new developments about a prehistoric discovery that's holding up construction of a section of the Grand Parkway. Experts say they could be on top of a priceless archaeological find, but they may be running out of time to find out.

As you can imagine, with a major road construction project stopped in its tracks, there is a lot of money on the line. The county historical commission and Texas Department of Transportation are in court over how to proceed with Section E of the Grand Parkway between I-10 and Highway 290.

The first discovery was made 11 months ago, revealed this summer when the state asked a court to approve the removal of some ancient human remains in the path of the Grand Parkway construction near Cypress Creek. Construction stopped and more investigation followed.

Here's what's now been uncovered so far: More bones, about 15 feet from the original site, located in what's believed to have been a burial shaft; stone tools; and darts from hunting spears.

But the big find is teeth from prehistoric bison, which could place date of the find from 9,000 to 20,000 years old.

At the oldest range, it could mean an archaeological breakthrough.

"This may, depending upon what the results show, could be the earliest instance of humans being in North America," said Harris County Attorney Vince Ryan.

The county attorney is representing the county's historical commission which is asking the court for more time to study the site.

It is not a request to halt Grand Parkway construction, just work around it for a while longer.

"It's not like this is one little piece. This is a much larger project, so they will be working in other areas," said Harris Co. Judge Ed Emmett.

And that work in other areas continues to move forward.

The county attorney is asking for a two-month extension of the archaeological digs. A judge will rule on that request later this week.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Constable scandal goes before grand jury

HOUSTON (KTRK) -- 13 Undercover has learned that a grand jury has begun its investigation into the Harris County Precinct 6 Constable's Office.

We've learned the district attorney's office is presenting its case on the constable's office to the grand jury. It's the latest chapter in a constable scandal that's been unfolding for a year.

"I can't talk about it," said Captain Tyrone Berry.

We asked, "Any comment on the grand jury subpoena?"

"No, sir," he said.

He's the third in command at Precinct 6 and his lawyer says Captain Berry is a victim.

"He feels like a victim," we said.

Captain Berry's attorney Richard Cobb replied, "He not only feels it, in my opinion, he is a victim,"

"Because of the forgeries?" we asked.

"Absolutely," Cobb responded.

Forgeries -- Berry claims some of his signatures were forged on checks from the charity Constable Victor Trevino founded.

We asked, "No question to you that there is criminal wrongdoing by someone? The question is who?"

"Correct," Cobb replied. "In my opinion that's correct."

Some of those charity checks were cashed at convenience stores, with no paper trail of what happened to all the cash after that.

"You know where all the cash money went?" we asked.

David Acosta said, "No comment."

We asked, "How long were you in the grand jury?"

Acosta was the accountant for CARE and Captain Berry was the treasurer. His lawyer now says he had no choice.

We asked, "He didn't want to be the treasurer?"

"He did not," Cobb replied.

Precinct 6 employees complained to 13 Undercover that Captain Berry was one of the commanders who hit deputies up for campaign money for the constable. His lawyer says the long-standing practice of some constables using deputies to raise money is a call for civil service protection.

"They're employees at will," Cobb explained. "So if you want to stay in good graces of your constable, you do those things."

The constable's lawyer says Trevino never told anyone to sign checks without Berry's consent and never pressured Berry or anyone else to serve on the charity board of directors. The grand jury continues next week.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more 13 Undercover »

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Customers line up for grand opening of H&M at Baybrook Mall

  HOUSTON (KTRK) -- Doors to the new H&M store in Houston open today at the Baybrook Mall.

It's known for carrying fashionable clothes at reasonable prices. While it opens at noon, people have been anxiously waiting since 3am to be the first customers in the store.

We were able to get a sneak peak to check out the opening day deals, including half-off sales. There will also be giveaways and other specials throughout the day.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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DA Lykos testifies before grand jury in BAT vans case

HOUSTON (KTRK) -- For months, a Harris County Grand Jury has been looking for crimes inside the District Attorney's Office. On Tuesday, that grand jury finally put Pat Lykos, the DA herself, under oath.

We were hoping to talk to the DA, but she stayed out of the public eye. Using a private entrance available only to district attorneys, the publicly elected DA avoided having her picture taken. But she couldn't hide from the questions.

It seems Harris Co. DA Pat Lykos would like nothing better than for us to forget about the investigation into possible criminal activity inside her office.

"Have you done anything wrong?" we asked Lykos back in October when the grand jury started.

"Of course not," she replied at the time.

But since then, we know BAT van technicians, DWI prosecutors and county commissioners have all testified. And we know one of Lykos' supervising prosecutors refused to answer grand jury questions out of concern she would incriminate herself.

"Why did you take the Fifth?" we had asked Asst. District Attorney Rachel Palmer.

"You know that's not an appropriate question," she replied.

All of it cleared the way for the woman at the top, the elected DA, to take her turn in the uncomfortable seat. But last week, after she'd been subpoenaed to testify and was just days away from being put under oath, she told Eyewitness News Reporter Miya Shay, "I don't know what you're talking about."

But she did, and so did we. The grand jury might be secret, but the fact she was called to answer questions in front of grand jurors wasn't to us.

On Tuesday, we were there waiting for the DA to walk in, but she didn't. Instead, she used a back door available only to district attorneys.

"A witness testified, questions were asked, questions were answered," special prosecutor Stephen St. Martin said.

In other words, Lykos talked. She didn't take the Fifth inside, but we don't know exactly what the questions were.

On Tuesday afternoon, she emailed us saying, "The Harris County District Attorney's Office continues to respect the secrecy of the grand jury process."

We don't know exactly what the questions were. We do know there are at least two areas of concern -- whether the DA or her staff sat on the knowledge that BAT van DWI evidence may have been sketchy, and if the office retaliated against the technician who blew the whistle in the case.

The DA's assistants deny both claims. Our numerous requests for comment from the DA herself have gone unanswered.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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DA Lykos subpoenaed to testify before grand jury

HOUSTON (KTRK) -- Her office has been under investigation for months, and now the Harris County District Attorney herself is called to testify before a grand jury.

A grand jury investigating possible wrongdoing within the DA's Office has officially subpoenaed DA Pat Lykos. The probe centers around problems with the Houston Police Department's DWI testing vans.

The DA's Office will neither confirm nor deny that there's been a subpoena issued. They say that due to the secrecy of the grand jury proceedings, they can't talk about it. But we do know that the DA has been subpoenaed and that some time in the next few weeks, she will be testifying.

This is an ongoing grand jury investigation that's already seen some of the DA's top assistants take the stand. At question are the DA's use of so-called BAT vans used in drunk driving cases, and whether the DA's Office knew of flaws with those testing vans without informing defense attorneys of those potential problems.

Back in March, 13 Undercover's Wayne Dolcefino first reported about maintenance problems with those mobile testing units. DA Pat Lykos told Eyewitness News in October that she was unaware of any problems with the BAT vans, that she had issue with HPD and asked that the Department of Public Safety take over administration of those vans.

"I want the Texas Department of Public Safety to supervise the technicians so that we can be assured that everything is done according to protocol," Lykos said in October 2011.

Now she'll be talking to a grand jury.

"Very unusual. I don't know of another case where a DA has been called by a grand jury to testify in a criminal matter," said KTRK Legal Analyst Joel Androphy.

He says it's not only unusual, but it's also potentially dangerous for the DA to have to answer questions about what she did or didn't know then, and does or doesn't know now.

"Here, a prosecutor is being called to testify to a grand jury that is investigating her office. So, you know, she, number one, could tell everything that she knows, but, two, she runs the risk of incriminating herself," Androphy said.

Lykos could choose to plead the Fifth, but Androphy says that would be akin to political suicide.

You can read more about what led to this grand jury investigation by clicking on the Related Links in the box on the upper left-hand side of this story.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Galveston's Grand Opera celebrates 117th birthday

  GALVESTON, TX (KTRK) -- The Grand 1894 Opera House" in Galveston celebrated its 117th birthday Tuesday in grand style, with cake and, of course, singing.

Visitors to the Grand received a tour of the theatre, which was the largest theater in Texas when it was built in 1894.

And if you're doing the math and wondering why this is the theatre's birthday, opening night was on January 3, 1895.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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First Asst. DA speaks out on grand jury investigation into BAT vans

HOUSTON (KTRK) -- The BAT van grand jury probe Thursday hit the top floor in the Harris County District Attorney's Office, taking hours of testimony from DA Pat Lykos' right-hand man. First Assistant District Attorney Jim Leitner admits the BAT vans are still a problem and the controversy has hurt the office, but told Eyewitness News that no laws were broken.

This grand jury really is the Energizer bunny. They keep going and going and it's unclear if they will stop before subpoenaing the District Attorney herself. Either way, grand jurors are taking a holiday break next week and the DA's Office admitted on Thursday they need to take steps to solve lingering public perception problems with those DWI testing vans.

Jim Leitner, Harris Co. DA Pat Lykos' top assistant, headed in to testify to a grand jury Thursday morning. Three and a half hours later he emerged, hoping he convinced grand jurors there was nothing wrong inside the DA's Office when it comes to the mobile DWI testing BAT vans.

Grand jurors have been digging into it for more than two months after a judge hinted there was possible criminal activity by the DA's team.

"That sounded horrible and, you know, a lot of people when they read that headline, that's all it takes. They think, well it's got to be true," said Leitner. "Months later, I hope soon this whole thing ends and everybody sees that's not true, that the DA's Office didn't do any criminal activity."

He admits the investigation has damaged the image of the DA's Office, but insists he acted as soon as he could to protect DWI suspects' rights. That's a point the grand jury is certainly examining as it continues its work into next year.

In the meantime, the DA's Office knows BAT vans may still be a dirty word in Houston.

"It's obvious to me though that BAT vans are a problem because what I thought would've answered the question, obviously for the public and the media and everybody else, it hasn't answered the question," said Leitner.

The DA and Houston Police Department have come up with a plan to reduce the use of the pricey but controversial BAT vans by this summer, replacing them with fixed units at HPD substations.

"In the meantime, if they need to use the BAT vans, because of problems within the city, they should use them. But they better make sure they are maintained by the book," Leitner said.

On investigation specifics, Leitner was less specific. The DA's Office won't discipline Asst. District Attorney Rachel Palmer for taking the Fifth earlier this week. She's still on the job.

"I would be hard pressed to punish anyone because they exercised their constitutional rights," Leitner said.

And he denies the DA's Office retaliated against whistle blower Amanda Culbertson who brought these problems to light in the first place. He will have to wait until some time next year to find out if the grand jury takes his word for it.

"We're going to continue to work for as long as the grand jury wants to, and as long as we think it is productive," said special prosecutor Jim Mount.

On Thursday, the attorneys helping the grand jury said they will be back meeting after the first of the year. Their term expires at the end of July.

(Copyright ©2011 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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New developments in BAT vans grand jury case

HOUSTON (KTRK) -- There are new developments in an ongoing investigation into how the Harris County District Attorney's Office handled problems with the Houston Police Department's DWI testing vans. On Thursday morning, a prosecutor pleaded the Fifth when asked to testify before a grand jury about what the office knew and when.

The ultimate question is what the DA's Office knew about BAT van problems and whether they spoke up about them or if they retaliated against a whistle blower.

Thursday could've brought answers to those questions; instead it brought a showdown, and the DA's Office somehow blamed reporters.

This is Rachel Palmer at Harris County DA Pat Lykos' office. Palmer's in charge of prosecutors who try DWI and other misdemeanor cases. It's likely Palmer knows an awful lot about problems with HPD's BAT vans, the technical supervisor who blew the whistle on them, and why Harris County dumped the contract with the whistle blower's employer.

"God is good, I am not worried about a thing," Palmer said.

But when the grand jury asked Palmer to answer questions about what she knew, the assistant district attorney all of a sudden clammed up, taking the Fifth.

"Why did you take the Fifth?" we asked Palmer.

"You know that's not an appropriate question," she replied.

"Sure it is," we said.

"You know it's not an appropriate question, but thank you so much," Palmer said.

It may be Palmer's right to take the Fifth. The Constitution says if answering a question would force you to confess a crime, then you don't have to answer.

But court documents say Palmer isn't a target of this investigation, and as a prosecutor she is sworn to uphold the law. We asked Lykos' top assistant how it looks to have a prosecutor take the Fifth in front of a grand jury.

"I realize you want this to look bad, and I realize that everybody who brought this wants this to look bad. But all I can tell you is that somebody took the Fifth, the law says they can. You want to make something look bad about it," Harris County First Assistant DA Jim Leitner said.

The special prosecutors in the case asked a judge to force Palmer to talk to the grand jury and that will be decided Monday. In the meantime, Palmer is still on the job prosecuting misdemeanor cases and her bosses are fighting back at us.

"Does it look bad to you?" we asked Leitner.

"It looks bad to me that you have me cornered here against the wall saying these things to me. That's how you want it to look. You want it to look bad, they want it to look bad," he replied.

"So this is a political vendetta?" we asked.

"You'll find out when it's all over with," Leitner said.

It is your right to take the Fifth, but a judge can force you to testify in a grand jury if the judge decides it really isn't incriminating.

To add a little more drama to the case, grand jurors complained that Palmer's husband was taking pictures. Their role is supposed to be secret. The judge warned Palmer to make it stop.

We're back in court Monday.

(Copyright ©2011 KTRK-TV/DT. All Rights Reserved.)
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Grand jury looking at day care owner's murder charges

  HOUSTON -- A Harris County grand jury is now looking at the murder case against Jessica Tata.

Tata's attorney, Mike Deguerin, told us murder charges against Tata were presented to a grand jury today. She is accused of leaving seven children alone at her daycare in west Houston in February. A fire erupted in the house, killing four children and hurting three others. The DA's office told us the case is still being presented to the grand jury. Tata faces nine counts in all, including four counts of felony murder. She also faces three counts of abandoning a child under 15, and two counts of reckless injury to a child.

The felony murder charges carry a punishment of up to 99 years in prison.

(Copyright ©2011 by The Associated Press. All Rights Reserved.)
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Grand jury no bills DPS trooper indicted after chase

 A grand jury no billed DPS Trooper Andrew Papanos who was charged with aggravated assault by a peace officer after a November high-speed car chase in Fort Bend County.

  HOUSTON (KTRK) -- A grand jury has no billed a state trooper who was indicted last month because of what happened in the aftermath of a car chase in Fort Bend County.

DPS Trooper Andrew Papanos had been indicted on a charge of aggravated assault by a peace officer in connection to the alleged beating of 58-year-old Ricki Kelley. In November, Kelley allegedly led officers on a high-speed chase that stretched from Patton Village to near Rosenberg and had fired shots at the officers during the pursuit. When spike strips finally disabled Kelley's car, he exited with a shotgun in hand. What happened next was never revealed to the media, but Kelley was injured enough that he was flown by medical helicopter to a hospital. A dash-cam in a patrol car caught the confrontation on tape, which led to the Papanos' indictment. Attorneys, however, claimed the DPS trooper did what he had to do to get control of the situation. On Thursday, grand jurors reviewed the evidence in the case and decided to drop the charge against Papanos. (Copyright ©2011 KTRK-TV/DT. All Rights Reserved.)

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