According to all the information that I've heard, Pat Lykos has been subpoenaed to testify before the 185th District Court Grand Jury tomorrow as part of their investigation. The word on the street is that Lykos is intending to file a Motion to Quash her subpoena tomorrow in an attempt to avoid testifying. I don't know whether or not that particular rumor is true, but given the way she and the Gang Who Couldn't Shoot Straight have handled this entire debacle, it wouldn't surprise me in the slightest.
Now, keep in mind that Lykos got subpoenaed at the end of last year to testify in a DWI case and showed her distaste for testifying by filing a Motion to Quash and then heading to Hawaii. It would appear that the woman (who prior to the 185th Grand Jury always had a sound-byte for every occasion) suddenly gets a little shy when that talking is under oath. She's seen the bashing that Rachel Palmer has taken for invoking her 5th Amendment Right in front of the same Grand Jury and knows she doesn't want to follow in those footsteps.
So, what's an Elected District Attorney with an honesty problem to do?
Here are a few thoughts:
1. If, in fact, Lykos does file a Motion to Quash her subpoena tomorrow, you can bet your bottom dollar that she is going to do so under the theory that the 185th Grand Jury has been improperly held over. The person who will decide that issue on its face will be none other than Judge Susan Brown. Look for a Motion to Recuse to follow.
2. Lykos got her subpoena the week before last. If she does actually file the Motion to Quash, it really will beg the question: why did she wait until the last minute? I mean, I think we could all pretty much assume that the Motion wouldn't take over a week to prepare.
3. The answer to the above point would be that it is a very obvious attempt to "run out the clock" on the 185th Grand Jury. The 185th's term has been extended to the end of January. Since they meet on Tuesdays and Thursdays, that would make January 31st their last day to appear. If the Lykos-Defense Team files a Motion to Quash, they will mostly likely try to stretch it out for over two weeks, making the issue moot.
4. If Lykos files the Motion to Quash and it goes to a Motion to Recuse Judge Brown, look for it to potentially eat up about a week of time as it goes to another court for hearing.
5. If the Motion to Quash is based on the idea that the 185th Grand Jury was held over improperly, look for every defense attorney in Harris County to file a Motion to Quash the indictment on every single case indicted during the new year. How on Earth could the Lykos Administration make an intellectually honest argument that the Grand Jury conducting an investigation into her isn't valid, yet the ones indicting the regular citizens of Harris County are just fine?
6. The biggest question for me is what is Pat Lykos scared of? To some degree, I could understand Rachel Palmer taking the 5th. She had testified previously to the 185th Grand Jury, and then they heard from additional witnesses. If those witnesses contradicted her, I could see Palmer being concerned that she might be walking into a "perjury trap" by making a second appearance with them. Lykos, on the other hand, hasn't testified to them and has no such concerns about perjury from previous testimony. Unless there are some actions that she has committed that she is scared to testify to, I don't see why she doesn't hold a press conference, announcing that she will gladly answer all of the Grand Jury's questions, because she knows she hasn't done anything wrong. I honestly don't get why she doesn't do that.
It will be interesting to see what happens tomorrow. Maybe Lykos will go in and clear her name and the name of the Office that she has dragged through the mud. Maybe she will file her Motion to Quash and pretty much make things look worse than they already do. I will be waiting eagerly to hear.
But one thing that Lykos should know that perhaps she doesn't realize, having never tried a case herself:
The Grand Jury doesn't have to hear from you to indict you.