Pubdate: Sat, 18 Dec 1999 Source: Houston Chronicle (TX) Copyright: 1999 Houston Chronicle Contact: Viewpoints Editor, P.O. Box 4260 Houston, Texas 77210-4260 Fax: (713) 220-3575 Website: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Author: Deborah Tedford INDICTMENT DISMISSALS SOUGHT IN OREGON CASE Charges politically motivated, officers say Civil rights indictments against two police officers in the 1998 shooting death of Pedro Oregon Navarro should be dismissed because they are politically motivated, attorneys for the officers say. In motions filed Tuesday, attorneys Michael Ramsey and Joe Porto asked U.S. District Judge Nancy Atlas to dismiss the indictments against Darrell Strouse and James Willis. They say the federal grand jury investigation violated Department of Justice policy on dual prosecution by state and federal government for acts that are "substantially the same." DOJ pushed for prosecution, they say, because of an Aug. 13 letter to Attorney General Janet Reno from four members of Congress. It said, in part, "DOJ may be reluctant to bring federal charges against these individuals because an earlier attempt to prosecute the officers ... ended in acquittal." The motion says the letter concludes with the four urging Reno to bring charges, an effort to intimidate her department. Porto says that violates the doctrine of separation of powers. Strouse, 35, and Willis, 29, are accused of conspiracy to deprive Oregon of his civil rights during a drug investigation involving Oregon's brother, Rogelio. Oregon, 22, was slain while six HPD officers were pursuing an informant's tip that drugs were being sold in Rogelio's southwest Houston apartment. Although neither defendant was involved in the shooting, prosecutors said they were involved in planning the illegal entry into the apartment. The officers had no search or arrest warrant. They have contended that Oregon pointed a gun at them. Police officials have said one officer fired his weapon, hitting another officer in his bullet-resistant vest and knocking him to the floor. The other officers apparently thought that shot came from Oregon, and they fired about 30 rounds, 12 of which hit Oregon. No drugs were found in the apartment and Oregon had not fired at police, though his gun was found nearby. Oregon had no drugs or alcohol in his system and had no criminal record. Only Willis, a six-year police veteran, has stood trial in the shooting. A Harris County grand jury indicted him on charges of misdemeanor criminal trespass, but he was acquitted. The other officers were nobilled in the state and federal investigations. Atlas has scheduled a hearing for Dec. 21. - --- MAP posted-by: Don Beck