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Town Aghast After Grand Jury Fails To Indict Despite Sex Videotape On School Bus
San Antonio Express-News ^ | April 1, 2006 | Jeorge Zarazua

Posted on 04/01/2006 5:46:46 AM PST by texianyankee

Three Rivers aghast at lack of indictment in taped sex on bus

THREE RIVERS — Police in this small South Texas town are reeling in disbelief after a grand jury failed to indict a 17-year-old boy who was videotaped having sex with a 12-year-old girl on a school bus.

Police Chief Vance Roberts said the case was a "slam dunk," with the videotape serving as indisputable proof.

"I don't know what went wrong," Roberts said this week. "I haven't a clue.

"I felt like it was a strong case. I felt like it was a case that needed to be indicted, and I feel like the 17-year-old needs to face up to the charges."

The grand jury decided otherwise.

Because grand jury proceedings are secret, it's unknown how the 12-member panel reached its decision to "no bill" Rolando Zuniga, who was charged with felony sexual assault after the Sept. 30 incident.

But the decision in March sent shockwaves through the community.

"It's a shocker," said Three Rivers Municipal Court Judge Dawn Benham, who's also president of the town's PTA. "There is no other way to explain it."

The police chief said he asked District Attorney Martha Warner this week to consider presenting the case again to the grand jury.

Warner, district attorney for the 156th Judicial District with Live Oak, Bee and McMullen counties, said the decision surprised her but she wouldn't ask the grand jury to reconsider the case unless jurors asked to or unless there was new evidence to present.

"If the grand jury wants to revisit the case, I will do that," she said. "If they want to look at it again, they're more than welcome to do so. But, so far, I haven't received any calls from them."

Warner said she can't discuss what was presented before the grand jury.

Benham said she wouldn't have issued an arrest warrant for Zuniga last fall if she felt there wasn't enough evidence. She said the video from the school bus security camera was the most compelling.

"It was there," she said. "It was all in black and white."

Zuniga was arrested Oct. 1, the day after the 12-year-old girl performed oral sex on him while in the school bus, according to court documents.

Roberts said it was 7:30 a.m., and the bus had arrived at the Three Rivers school complex. Because Three Rivers is a small, close-knit town — popular for its hunting and fishing — students from the district's high school and lower grades are bused together to the clustered schools.

Roberts said the incident occurred after the other students got off the bus. He said the girl stood up and it appeared she was walking toward the front of the bus when the driver left, but instead she returned and sat next to Zuniga.

On the bus surveillance tape, the two can be seen looking around as if to make sure no one was watching.

Three Rivers Superintendent Mac Johanson said the district's bus foreman checked the videotape at the end of the day and notified authorities.

No disciplinary action was taken against the bus driver, Johanson said.

Roberts said that when the students were confronted, they admitted the encounter. The girl said it was consensual and that they were dating.

Zuniga couldn't be reached for comment. His mother referred questions to their attorney, Manuel Montes of San Antonio, who didn't return repeated phone calls to his office.

"We're not happy about it," high school Principal Kenneth Rohrbach said of the grand jury's decision. "We took the appropriate disciplinary action."

School officials declined to say what action was taken against Zuniga, but his mother, who declined to give her name, said he was expelled.

Warner, the district attorney, said she has spoken with the girl's parents and they weren't upset over the grand jury's decision.

"They want it to go away," she said. "Don't get me wrong, they don't condone what happened."

Sgt. Dick Poore, who investigated the incident, said it doesn't matter if the sex was consensual or how the family feels about Zuniga. He said it is illegal for an adult to have sex with a 12-year-old.

"If they want to change the law," Poore said, "they need to go through the state of Texas and have it changed."


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events; US: Texas
KEYWORDS: blowjob; clinton; clintonlegacy; legalsystem; moralabsolutes; publicschools; publikskoolz; sexcrime; texas
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Comment #41 Removed by Moderator

To: texianyankee

"I've yet to hear an outcry. This is the first I ever heard of this story. We'll see what happens - nothing probably."

You haven't been getting my e-mails?

The Progress broke the story week before last.

This is the follow up story:

TR POLICE CHIEF WANTS GRAND JURY TO TAKE SECOND LOOK AT SEX-ON-BUS CASE

But District Attorney says she cannot resubmit the case to grand jury without being asked to do so by grand jury first

http://www.the-progress.com/story2.shtml

Jeorge and the SAE-N didn't mention The Progress.



42 posted on 04/01/2006 7:17:08 AM PST by SwinneySwitch (Grand Juries - beyond your expectations!)
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To: VOA

We've sowed the wind, were reaping the whirlwind.


43 posted on 04/01/2006 7:21:03 AM PST by Getready
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To: SwinneySwitch

I musta overlooked it.....sorry.


44 posted on 04/01/2006 7:23:25 AM PST by texianyankee
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To: texianyankee
Ever since Bill Clinton was President everybody knows oral sex is not sex.

The Grand Jury probably felt this fell into the category of "shaking hands".

45 posted on 04/01/2006 7:38:51 AM PST by Gritty (Tolerance becomes a crime when applied to evil - Thomas Mann)
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To: Humal
This is so outlandish it raises questions: How influential are the boy's parents? Was the jury shown the video tape? Was the prosecutor's presentation strongly worded

Think back to the OJ trial...the case was lost when they moved the trial to LA and a majority black jury was assured. I can only assume that the grand jury in this case felt like they had a great deal in common with the 17 year old i.e. they were hispanics. Jury nullificaton... in the new Balcanized America.

46 posted on 04/01/2006 7:49:24 AM PST by crabapple joe
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To: texianyankee
Just an innocent game of "President & Intern" on the bus...
47 posted on 04/01/2006 7:49:35 AM PST by DTogo (I haven't left the GOP, the GOP left me.)
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To: texianyankee
Ah come on now ~ weren't y'all listening when slick willie explained to all y'all that oral sex isn't sex!!???

The kids sure were!!!

From reports I've seen lately appears that our very young people now view "oral sex" as merely the new way of kissing!




The clinton Legacy live on!


and on......


48 posted on 04/01/2006 7:55:51 AM PST by Zacs Mom (Proud wife of a Marine! ... and purveyor of "rampant, unedited dialogue")
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To: texianyankee
the day after the 12-year-old girl performed oral sex on him ...

Since when is oral sex "sex?"
Didn't Bill Clinton establish that "is" isn't and that "sex" isn't?

This young man was simply teaching the little girl how to be a good intern for our next democrat president.

49 posted on 04/01/2006 7:57:35 AM PST by EndWelfareToday (Live free and keep what you earn.)
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To: texianyankee

Clinton legacy.


50 posted on 04/01/2006 8:01:32 AM PST by Kenny500c
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To: texianyankee
The grand jury's job is to determine if there is ENOUGH evidence to warrant a trial - that is all. They arent to determine the guilt or innocence nor are they to even consider possible length incarceration nor severity of punishment IF guilty.

Tell that to Tom Delay.

I suspect that in this particular case since it is a small community, most of the people on the GJ knew one or both of these kids. And I also suspect that one of the reasons he was no-billed may have been the fact that he would have been on the sex offender list for the rest of his life. I don't agree with their actions but I can see how some of them could be persuaded in that direction. Especially since, according to the story, she was a willing partner.

And I know she is under the age of consent but this does seems to be pretty common with some of our young people nowadays.

51 posted on 04/01/2006 8:02:02 AM PST by SwatTeam
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To: EndWelfareToday

"It was there," she said. "It was all in black and white."

There's the problem with the video, the accused is hispanic.


52 posted on 04/01/2006 8:07:50 AM PST by inpajamas
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To: texianyankee
Of course this would never happen in the schools of those defending government schools. ( sarcasm)

So....please explain to me again. Just exactly what are you sending your precious child to a government school?

Socialization on how to be sodimized by a teacher? Socialization on scoring in a school bus?

Great socialization skills there,,,yeah right!( sarcasm)
53 posted on 04/01/2006 8:11:44 AM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: CROSSHIGHWAYMAN

This surprises me that it even got as far a grand jury. It was not rape as she was all about servicing him so I don't see the legality of charging him. Another waste of tax payer money. I think the parents should take care of this.


54 posted on 04/01/2006 8:13:24 AM PST by napscoordinator
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To: MinuteGal

OJ jury rules HS BJ incident OK.


Besides that BJ's are not sex so what is the problem? Sarc.


55 posted on 04/01/2006 8:17:21 AM PST by napscoordinator
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To: harpu

I thought this would be mentioned in post two or three. It took until post eight. Yep, Slick Willie slips another one in on the U.S. public.

He and Carter are the gifts that keep on giving.

Please Lord, have mercy. With all that thunder and lightening. Can't You spare wo good bolts for a good cause?


56 posted on 04/01/2006 8:18:16 AM PST by DoughtyOne (If you don't want to be lumped in with those who commit violence in your name, take steps to end it.)
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To: texianyankee
she wouldn't ask the grand jury to reconsider the case unless jurors asked to or unless there was new evidence to present.

Didn't Ronnie Earle take Tom DeLay's case to three Grand Juries before he found one that would issue an indictment?

Jack

57 posted on 04/01/2006 8:19:38 AM PST by JackOfVA
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To: harpu
I generally don't like the term trailer trash.  It's insulting to people for one reason or another wind up in a "mobile home" for a period of time.  Some people who are down on their luck are getting by the best they can.  Besides, some trailers are incredibly constructed and furnished these days.

When it comes to Slick Willie, the term is so fitting that it would be a mistake to avoid the use of the term.  The man wouldn't know a moral if it was stuck in his kazoo.

It is so fitting that his lieberry has the appearance of a double-wide.

Slick Willie, Trailer Trash to the nation...

The "Oral Copulation Isn't Sex" pride of the Democrats!

58 posted on 04/01/2006 8:28:27 AM PST by DoughtyOne (If you don't want to be lumped in with those who commit violence in your name, take steps to end it.)
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To: MiHeat

"Maybe the grand jury was all illegals"

How can you jump to such a conclusion? Just because there are Hispanic names or Hispanics mentioned DOES NOT automatically mean they are illegals. What a jump.


59 posted on 04/01/2006 8:40:10 AM PST by 2dogjoe (Have a Blessed Day)
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To: MiHeat
Maybe the grand jury was all illegals

Is it not required you be a legal registered voter to be on a GJ?
60 posted on 04/01/2006 10:58:28 AM PST by wolfcreek
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