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Ex-grand juror has written of doubts

Womas asks judge to investigate whether prosecutors misled panel in yogurt case

 

By Leah Quin

American-Statesman Staff

Posted: June 09, 2000

A member of the grand jury that issued indictments in the yogurt shop slayings said she thinks prosecutors may have deceived or withheld evidence from grand jurors.

Diana Castañeda, a 1992-96 member of the Austin school board, wrote a June 7 letter to state District Judge Mike Lynch expressing her concerns and doubts about the case, despite an oath of secrecy that prevents grand jurors from publicly discussing cases they have reviewed.

"I am not convinced that the Grand Jury was treated in a forthright manner, but rather used as pawns in what I assume to be a rush to judgment," the letter reads. "I respectfully request that you hold a hearing or what other procedure necessary to determine whether the indictments returned by 147th our (sic) Grand Jury were obtained by deception or withholding of evidence."

First Assistant District Attorney Rosemary Lehmberg flatly denied Castañeda's claims but declined to comment further, citing Lynch's gag order in the case.

Castañeda provided no specific reasons for thinking grand jurors may have been misled, saying only that she has followed news accounts of the yogurt shop case.

Lynch, who was away from his office Thursday while preparing for a murder trial next week, said he couldn't comment before reading the letter. He declined to say how he might respond to Castañeda's request for a hearing.

The Texas Code of Criminal Procedure allows a judge to request a court of inquiry if he thinks the law has been broken. And part of the grand jurors' oath says they are allowed to disclose evidence as part of a judicial investigation into whether evidence presented to them was true or false.

In her letter to Lynch, Castañeda also said she was the grand juror who contacted Tony Diaz, lawyer for suspect Michael Scott. Diaz referred to the conversation in a motion filed Monday to dismiss Scott's indictment.

Lehmberg and defense lawyers agreed that Castañeda's request for a hearing was highly unusual considering the secrecy surrounding grand juries.

"Any time a member of the grand jury, a person selected for service, expresses this level of concern, I think it's worth looking at," said Joe James Sawyer, who represents Robert Springsteen.

Three men -- Springsteen, Michael Scott and Maurice Pierce -- are indicted for capital murder in the 1991 deaths of four teen-age girls in a North Austin frozen-yogurt shop. A fourth suspect, Forrest Welborn, remains unindicted and is free on bond.

Although the gag order prevents many of those involved in the case from talking about the evidence, several recent reports point to problems with the prosecution's evidence. They include a ballistics report that rules out a gun seized from Pierce as the murder weapon, a gun allegedly held near Scott's head during his interview with police, and audio difficulties on the tape of Springsteen's interview.