Monday, August 8, 2016


JUSTICE FOR MARY TIPTON

To the left if a link for Maria Fidela Garza.  It is the same basic story.  - the defendant charged with the death of Maria Fidela Garza by vehicle walked.  We are still seeking justice for her.

The focus needs to be Justice for Mary Tipton.  A big problem we have in this case is, her husband and those trying to help him have very little understanding of the legal system and this is leading to misunderstandings as to what is happening.  I basically believe the key representations being made by Ralph Tipton.

According to the online docket sheet there has been no plea bargain and a final trial is set for mid-October.  It is standard practice, especially in a case like this that one continuance will be granted to allow for completion of discovery.  There is nothing nefarious in the trial delay.

Detective Clipper is not assigned to a desk job.  I have no idea as to the source of the claim.  I know for a fact he is working the case I am working on - intoxication assault - so he is obviously not bound to his desk.  There is a miscommunication or misunderstanding.

Mr. Tipton has informed me in writing there was a threat of a plea bargain. I have not been able to get clarification as to where this occurred.  But I can say without hesitation there is nothing unusual or nefarious about a judge asking during as hearing if there is a chance for a plea bargain, or if during the motion for continuance for one of the attorneys to argue to the judge a plea bargain cannot be discussed until all of the discovery is done.  This is all standard.  But someone suffering a great loss with no experience in the process could easily misinterpret all of this.

THE GOOD NEWS

Judge De Coss is the judge in this.  He is facing a major uphill battle for reelection.  He is not going to throw himself under the bus on this one for no one.  Further as to any possible last minute plea bargain the first thing the judge will tell the defendant is, "if I [the judge] reject the plea bargain you are free to withdraw your plea of guilty of no contest."  This is important to understand.  The judge does not have to accept any plea bargain.  So when people just blame the DA for a bad plea bargain, they are missing the key issue, only the judge can accept the plea bargain - the DA and defense counsel are powerless.  It is not unusual for judges to reject what they see as suspect plea bargains.  The power in this case is with Judge De Coss.

Further a review of the online electronic docket sheet shows the defendant has chosen sentencing by the jury.  Ernesto Gamez her defense counsel knows that Judge De Coss facing a difficult reelection cannot play games on this one so Gamez has chosen to seek sympathy from the jury and not Judge De Coss.

The following docket entry shows that on August 24, 2016. Judge De Coss will hear a Motion to Suppress Evidence.  This is a standard motion heard in all complex cases.  The trial is set for October 17, 2016, before the election.

06/28/2016Journal Entry
All parties appeared. Attorney Erin Gamez requested a date for the Motion to Suppress. Motion set on: 8/24/16 at 1:30p.m. All other motions to be heard on Annc day: 10/05/16 at: 1:30pm. Trial on: 10/17/16. REDC/b
08/24/2016Motion Hearing  (1:30 PM) (Judicial Officer De Coss, Rene E)
Motion to Suppress
10/05/2016Announcement  (1:30 PM) (Judicial Officer De Coss, Rene E)
and All other Motions/ Trial on: 10/17/16


I have no idea what happened in this case other than Mary Tipton was killed in a hit and run and the police believe they have enough evidence to charge the defendant. We need to be careful and keep the focus on Justice for Mary Tipton and keep away from speculation and misunderstandings based on a lack of knowledge of the system. The tape will speak the truth. The owner of the tape will testify how long the tape was when it was turned over to the police. If the DA now says they never received the full tape, then the FBI needs to take the case.

Something is profoundly wrong with this case and we need to be careful in how we get to the truth.  Ralph Tipton has every right to be angry for what appears to be a Keystone cops level of investigation.  The sheriff's deputy should have been put on administrative leave with pay pending a full investigation.  He appears to not have been.  This does not speak well for Sheriff Lucio which only serves to give Victor Cortez a valid issue.  But then if Saenz has failed to properly brief Sheriff Lucio, then it would be hard for Sheriff Lucio to make an informed decision.  And we all know Sanez is backing Victor Cortez in this election.

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