Wednesday, March 12, 2014

 
RAUL SALAZAR MOTION FOR NEW TRIAL IS ON THURSDAY


The hearing is at 9 a.m. and Buster's appointment is at 7:30 a.m. I will do my best to make the entire hearing - but Buster comes first. If the vet decides to do the surgery and annual check-up I can just leave her until after lunch which means I will make the hearing.

WHAT WILL HAPPEN AT THE HEARING

The judge could rule that it does not matter DA Saenz's office  used perjured or misleading evidence because it did not go to any element of the crime alleged. This is what is known as collateral impeachment. It means impeaching a witness on false or misleading testimony which is not an element of the crime.

For the judge to reverse the conviction he will have to rule DA Saenz's office used perjured or misleading evidence which influenced the verdict. Normally I think Raul would have zero chances on his motion, because this is a case of collateral impeachment - but Gus Garza used about 12 minutes of his 15 minutes inflaming the jury that Ernie Hernandez was using his power to reorganize Human Resources as retaliation for their testimony against Raul Salazar.

Had Gus Garza just done nothing with the testimony I would say Raul Salazar has zero chance of winning the issue. An interesting side not is, Jonathan Gracia is counsel for David Garcia. If at the hearing it is shown he knew his client was misleading the jury and said nothing it will kill his chances of beating Yolanda Begum in the run-offs - well unless she is indicted - which is very, very possible.

Trials can have interesting twists - Raul Salazar could win his hearing. If it is shown that Jonathan Gracia knew about David Garcia's misleading testimony, Yolanda Begum will be able to use this fact to win the election as a result of Raul Salazar winning a new trial.

In the end winning on collateral impeachment is nearly impossible.  Justice Hinojosa will have to be convinced the misleading testimony influenced the verdict..

The BV's next post will be a summary of the hearing.  

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