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.