THE OREGON CASE FEDERAL GRAND JURY

A federal judge refused Friday to issue a gag order sought by six
police officers involved in the fatal shooting of Pedro Oregon and
denied their request to order that they not be deposed by the family's
lawyers until a federal criminal investigation of the incident is complete.

Also on Friday, Oregon's brother-in-law and a family friend, both of
whom were in his apartment the night he was killed, testified before
the federal grand jury that began investigating the shooting this week.

Oregon, 22, was shot 12 times in a July 12 drug raid at his apartment.
He was hit nine times in the back, once in the back of the head, once
in the back of a shoulder and once in the back of a hand.

The officers, who had no warrant, have said Oregon pointed a gun at
them. Although a gun was found in the apartment, it had not been
fired. No drugs were found.

Five of the officers were nobilled by a state grand jury for their
roles in the shooting; the sixth was indicted on a misdemeanor
criminal trespass charge.

In his ruling on the gag order, U.S. District Judge Sim Lake said he
had to balance the officers' right to a fair trial against the
family's First Amendment right to free speech. The officers said the
family's lawyers have been making prejudicial statements to the news
media.

"Although there has been considerable publicity about this case, I'm
not persuaded the publicity will affect the defendants' right to a
fair trial," Lake said.

Instead, he cautioned all lawyers involved that professional ethics
prohibit public statements that could affect the fairness of a trial.

The officers also wanted Lake to issue an order specifically allowing
them to invoke their Fifth Amendment right against self-incrimination
when they are asked questions by the family's lawyers in a pending
civil suit against the city.

The judge agreed that they have that right under the Fifth Amendment,
but said they did not need a court order to invoke it.

Although Lake's ruling clears the way for depositions and discovery to
begin, the officers presumably will simply invoke the Fifth Amendment
when questioned.

Lake also denied a routine motion by the city of Houston to dismiss
the case.

The family's lawyers were pleased with the rulings.

"It was a good day," Oregon family attorney Richard Mithoff
said.

"(Judge Lake) made clear what the law is, and that is they are
entitled to claim the Fifth Amendment. But we are entitled to proceed
with our discovery, to ask questions of the officers and to let them
claim Fifth Amendment if they so choose."

Robert Thomas, the attorney for four of the six officers, said he is
ready to proceed with the civil case.

"We're going to trial. We're ready to go forward. We will work hard
and we look forward to our day in court," Thomas.

Thomas said "several" of the officers had not fired their guns at all,
but he declined to elaborate.

Also expressing satisfaction with the day's events was Gilberto
Velarde Meixueiro, in charge of the protection division of the Mexican
Consulate in Houston, which is monitoring the case.

"It shows that it is possible to obtain justice in the States,"
Velarde said. "Pedro Oregon was a Mexican who we believe was unfairly

killed."

Salvador Lopez, Oregon's brother-in-law, and Nellie Mejia, the
girlfriend of one of Oregon's brothers, testified before the grand
jury. Their lawyer declined to say what they had told the panel.

About two dozen people demonstrated outside the federal courthouse as
the grand jury took testimony. Several held placards reading, "End the
cover-up. Justice for Pedro Oregon. Indict the killer cops."