FULFILLING A DUTY:  THE JAMIE ROBERTS CASE

In recent years, headlines have ripped across front pages of newspapers across the state from ambitious, hyper-partisan District Attorneys (remember Ronnie Earle vs. Tom DeLay?)

In contrast, Fort Bend County has enjoyed 17 years of steady leadership from a true public servant. When he assumed office, John Healey swore an oath to "preserve, protect, and defend the Constitution and laws of this state and of the United States." He bases his prosecution decisions only on facts - not on political expediency.

The grand jury indictment and trial of Fulshear Mayor Jamie Roberts proved John Healey's commitment to his duties and oath of office. Even in the face of strong political pressure, and the option to quietly ignore the complaints and Sheriff's Office investigation for the sake of his own career - Healey stood resolute and fulfilled his duties to our system of justice.

Mayor Roberts was a popular local figure. Healey knew that Roberts had been a trustee of the Lamar Consolidated Independent School District, and that he had been Fulshear’s mayor. Healey knew that Roberts was friends with members of the local media. Jamie Roberts had been a political supporter of Healey and had personally endorsed Healey in re-election efforts. Also, Roberts and Healey had been friends.

But those circumstances were irrelevant to John Healey's official duty to justice as the Fort Bend District Attorney. As in every other case, he was bound by his oath to follow the judicial process - even if it became politically harmful to do so.

• When the Grand Jury* returned an indictment on four separate counts, setting off a feeding frenzy among local media to jump on the story - John Healey followed the judicial process.

• When Roberts hired a prominent Houston criminal defense attorney who began to savage the DA's office in the local press - John Healey followed the judicial process.

• When local editorials were written, suggesting that the DA was prosecuting Roberts' case for political reasons - John Healey followed the judicial process.

• When the case was tried, and the jury returned a verdict of "not guilty" - John Healey followed the judicial process.

As reported in the local media, the Sheriff’s office conducted the investigation, the case was presented to the Grand Jury, Mr. Roberts testified before the Grand Jury, and he was indicted and tried. Some police investigations reveal that there is insufficient evidence to be able to prove a case to a jury. These cases are rejected. Yet, when a case, based on the facts, deserves to be decided by a jury, and cannot be resolved through negotiations by both sides, it will go to a jury. Such was the situation in the Roberts case. Roberts was found not guilty - which means that the case could not be proven to that jury beyond a reasonable doubt. John Healey fully respects the jury's decision.

But the fact that a jury returns a verdict of not guilty does not mean that the state should not have proceeded with the case! Most prosecutor offices around the nation have successful trial conviction rates of approximately 72%. In fact, if prosecutor offices were to try cases and their only concern was to have a 100% conviction rate, then prosecutors would shy away from cases where juries would likely find an accused guilty, but the case would go untried because it was not a "slam-dunk" conviction. That type of timidity would result in many guilty criminals walking the streets.

Only an experienced prosecutor with a strong moral compass can be counted to make these hard decisions, even in the face of scathing criticism from local editorialists. Of course, the Roberts case was never prominent enough to have ever received a column of newspaper space in the Houston media, or even a mention on the Houston news programs. Yet locally, it was prominently featured in one local newspaper.

John Healey has performed the duties of our District Attorney for 17 years. From Day 1, he has served our county well as a fair and balanced prosecutor, precisely because he has the courage to do what's right - and not just what is easiest for his re-election. His responsibilities are to justice.

That kind of commitment is nothing less than what Fort Bend County deserves. Help keep politics out of our legal system and vote for true leadership – Vote John Healey this March 2, 2010.

* A Grand Jury is a group of citizens appointed by a District Judge to hear information regarding possible criminal conduct. To indict and allow the case to proceed, nine of the twelve members must find “probable cause” that a crime was committed. In essence, they must find that a crime probably had occurred.