By Steve Mcvicker, The Houston Chronicle
A judge today granted a motion to convene a court of inquiry that will investigate the scandal involving the Houston Police Department crime lab.
Although the ruling this morning by state District Judge Jan Krocker dealt only with the issue of whether a former crime lab official committed perjury, attorneys who had sought the court of inquiry are hoping that it will be used to examine the criminal justice system in Harris County.
Krocker made her decision after hearing evidence that Jim Bolding, former chief of the crime lab’s DNA division, committed aggravated perjury in a sexual assault trial and unduly influenced the jury, which found the defendant guilty.
She stressed, however, that Bolding has not been charged or convicted of a crime and should be considered innocent until proven guilty.
Bolding retired under pressure in the summer of 2003.
Krocker’s ruling means that Olen Underwood, presiding judge for the Harris County Judicial District, will have the power to appoint a judge to oversee the court of inquiry. Underwood could, however, reject Krocker’s request to do so.
Although the ruling addressed only the matter of whether Bolding had perjured himself, Underwood will decide whether the court should confine its scope to that question or examine other criminal justice issues, as well.
Attorneys who urged creation of the court of inquiry said they hope a special prosecutor from outside the Harris County District Attorney’s Office will be appointed to the court.
Representatives of the District Attorney’s Office argued that Bolding did not commit perjury and that no court of inquiry is needed.