Pubdate: 12 Jan 1999 Source: Houston Chronicle (TX) Contact: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Copyright: 1999 Houston Chronicle Author: Steve Brewer 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. - --- MAP posted-by: Mike Gogulski