Investigating the Investigation

As to the fairness of the D.A.'s presentation of the Oregon case, a veteran of a previous grand jury has no doubt that what Holmes's prosecutors want from a panel, they generally get.

Commercial attorney Yolanda Villareal Ryan served on a Harris County grand jury in 1994 hearing the case of Judge Lupe Salinas, at the time under consideration for a federal judgeship nomination. Holmes lieutenant Don Stricklin investigated him for alleged campaign report violations totaling $200 and alleged perjury to a previous grand jury investigating the same matter. Ryan says that, unlike the Oregon investigation, it was clear the prosecutors wanted felony indictments returned against the judge. When it became clear none would be forthcoming from her panel, Ryan says the D.A. simply shopped the case to another grand jury, which produced the desired indictments.

"Basically, they are directing the grand jury, and I think they attempt to lead the grand jury to their own conclusion," Ryan says of the way the district attorney's staff manipulates grand juries. "They take advantage of the fact that the majority of the grand jurors have little or no knowledge of basic principles of law, nor do they have knowledge of the authority that a grand jury has by law. As a result of not having the background, the grand jurors are very inclined to believe what the prosecutor says and not question it."

Bail bondswoman Upshaw declined to discuss for this story the issue of the district attorney's fairness, though the taped greeting on her telephone answering machine hinted at her outlook toward the criminal justice system her family makes a living from.

"Don't forget to thank God for your many, many, blessings," intoned Upshaw's recorded message, "and the fact that we live in America!"

Considering how Pedro Oregon met his end after coming here from Mexico, one suspects his family does not quite share Upshaw's upbeat sentiment.

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