More on the Dean Kinder case and Grand Juries

Under Texas law, an individual cannot be prosecuted for a felony unless a jury of his peers, in the form of a Grand Jury, has reviewed the case for probable cause. The Grand Jury is a powerful investigative body and is supposed to be independent, beholden to no one. A Grand Jury can find no probable cause on a case and return a "no bill" or it can find probable cause and return an indictment (a piece of paper with a formal charge) also called a "true bill." If a case is true billed, it is then assigned to a specific court and the prosecution moves forward.

Former vice-president of the police union, Dean Kinder, an officer still on the payroll of the city, was not only arrested for aggravated perjury and let out of jail on a $5,000 personal recognizance bond for the offense of perjury but he has now been formally indicted by a Texas Grand Jury. His case is now in the courts. Who took the Dean Kinder case to the Grand Jury? Not DA Jaime Esparza since he was the one who put Dean Kinder on the stand in the first place to give the very testimony that he is now facing prosecution for allegedly lying about.

This process of bringing Dean Kinder to justice has cost the taxpayers of El Paso County thousands and thousands of dollars and YEARS of time. Why? Because DA Jaime Esparza refused over and over again to do the right thing and drop the case in which Dean Kinder accused Tony Soto of felony assault.

Who took the case against Mr. Soto to the Grand Jury to secure an indictment? Jaime Esparza did. Who then continued with the viscious prosecution of Mr. Soto? Jaime Esparza did. Who lost the case against Mr. Soto? Jaime Esarza did.

El Pasoans had to beat down the doors of the court house to get a Special Prosecutor. This Special Prosecutor then took the case of Dean Kinder to the grand jury to reverse the harm done to Mr. Soto.

How did this abuse happen? It used to be that the Grand Jury convened in a space separate from the DA's office. Since Esparza took office 14 and a half years ago, the Grand Juries now convene INSIDE of Esparza's offices and have lost much of their independence. When they meet in the DA's office and see no one but assistant district attorneys they have, over the years, become nothing but a branch of the DA's office with their power subject to being greatly abused by this cozy set up. It is a well known fact in this county that when the DA wants someone indicted it happens faster than you can shake a stick at. It is also well known that when the DA's office does NOT want someone indicted but is too cowardly to outright decline the case, they take it into the Grand Jury usually in the person of Jaime Esparza's right hand man, ada Marcos Lizarraga. Whenever Lizarraga handles a case before the Grand Jury, you can bet money that it will not be indicted. When the case, usually a controversial one like a police shooting of a mentally ill person is not indicted, the DA's office comes out and says the Grand Jury has spoken as though they had nothing to do with the outcome.

When I become District Attorney, I will restore the Grand Jury to its rightful independence and move it out of the DA's offices. I also pledge never to play games with this powerful body like my opponent has now for years to the great detriment of our legal system and the lives of thousands of people.