WITNESS MAY BE ABLE TO TESTIFY IN OREGON CASE

Talks paving way for brother to appear

Prosecutors and an attorney for a key witness in the criminal trespass
trial of a former Houston police officer charged in connection with the
shooting of Pedro Oregon Navarro said Monday that they were working out
their differences.

That could clear the way for Rogelio Oregon, Pedro's brother, to testify in
the misdemeanor trial of James Willis.

The trial was delayed last week when prosecutors said they hadn't been able
to locate Rogelio Oregon, who was present on July 12 when six officers
burst into his apartment during a botched drug raid and fatally shot his
brother.

Prosecutor Edward Porter said he met with attorney Richard Mithoff on
Friday to discuss Rogelio's testimony.

"We had a very good conversation, and with further conversations I think
we're going to be able to resolve any problems," Porter said. "I'm very
hopeful at this point that we're going to have Rogelio available and ready
to testify."

Mithoff echoed Porter: "We did have a long and, I believe, fruitful
discussion, and I am optimistic we will be able to resolve our concerns and
Rogelio will testify."

Last week, attorneys for the Oregon family hinted that Rogelio Oregon might
not cooperate unless they were assured that prosecutors wouldn't use his
immigration status against him.

Mithoff and Paul Nugent, who is also representing Oregon's family, said
then they were also worried that the Willis' case would consist of attack
on their clients' character.

Though they said they weren't hiding Rogelio from authorities trying to
serve him with a subpoena, they wouldn't say where he was. Also, Nugent had
already told Porter it was possible his client would take the Fifth
Amendment if he were forced to testify.

Porter has said he has no interest in Rogelio's immigration status, only in
his testimony for this case, because he can address whether police had
consent when they entered the apartment.

The officers burst in on the basis of an informant's tip that drugs were
being sold there. They opened fire on Pedro Oregon after one officer
accidentally fired his weapon.

Oregon was shot 12 times, including nine times in the back. The officers
contend Oregon pointed a gun at them. They did not have an arrest or search
warrant, and Oregon's gun had not been fired. No drugs were found in the
apartment or in Oregon's system.

After a lengthy grand jury investigation, only Willis, 28, was indicted,
and that was on the misdemeanor charge. All six officers have been fired.

The FBI is investigating whether Pedro Oregon's civil rights were violated,
and Oregon's family has filed a federal lawsuit against the city.

Porter is scheduled to appear in a county criminal court-at-law court Jan.
25 to discuss the status of Rogelio's testimony.