Raw interview: Judge Medina tearfully denies accusations on 10/17

HOUSTON – Texas Supreme Court Justice David Medina and his wife have been indicted in connection with the arson fire that destroyed their Houston-area home last summer.

David Medina's attorney, Terry Yates, confirmed to 11 News that the justice has been indicted on a charge of tampering with evidence.

Yates told 11 News reporter Lee McGuire the indictment was “shocking to us.”

Yates said Medina was returning to Houston from Austin Thursday evening and plans to turn himself in and post bond on Friday.

Yates said Francisca Medina, the judge's wife, is charged with arson. She's hired famed defense attorney Dick DeGuerin to represent her, according to Yates.

But it appears the Medinas might not need their powerhouse attorneys.

Harris County District Attorney Chuck Rosenthal told 11 News he will move to dismiss the indictments for lack of evidence.

"It is our collective feeling there is not enough evidence to pursue prosecution of the indictments and that the indictments be dismissed," said Rosenthal.

11 NEWS

Justice Medina tearfully denied involvement in the fire in an 11 News interview last October.

Rosenthal admitted such an action would be "fairly unusual," but denied that Medina's status on the Texas Supreme Court has anything to do with it.

"I don’t know him, I’ve met him maybe once, I have paid close attention to the evidence in this case," insisted Rosenthal.

Medina’s wife and son were the only ones in the family’s residence when the fire broke out and both escaped unharmed, according to investigators.

The 3-alarm blaze in Spring last June also damaged a neighbor's house and caused a total of nearly $1 million worth of damage.

Some firefighters sustained minor injuries.

Nathan Green, the lead investigator on the case, said in October that a dog detected an accelerant at the fire scene.

It was the second such fire at the family's home in 10 years; both started in the garage.

Suspicion was fueled by a trail of financial troubles for the Medinas, including foreclosure proceedings and tax liens against the fire-ravaged home, according to court records and other documents.

A mortgage company filed to foreclose on the home in June 2006, according to public records. Medina and the mortgage company reached an agreement the following December, according to Green.

The foreclosure filing was a “very, very big red flag” for investigators, Green said.

The home was not covered by an insurance policy, which lapsed because the premiums weren’t paid, Green said. The loan on the house was insured by the finance company, he said.

KHOU-TV

The judge was not at home at the time.

Justice Medina, a 49-year-old former Harris County state district judge who was appointed to the Supreme Court by Gov. Rick Perry to fill a vacancy in 2004, said in October he is "confident that no friend that we know, no member of my family would be involved in anything like this."

"We have, from the get-go, cooperated fully with the investigator and answered every one of their questions truthfully and completely," he said.

When asked, in October, whether he knew anyone who might've wanted to start the fire, Justice Medina indicated he did, but declined to name names.