Tuesday, August 9, 2016


NARROWING THE FACTS ON MARY TIPTON

I know people hate facts and prefer conspiracy theory so this post will not sit well with the low information trolls who read the blogs.

Even in capital murder cases the DA will meet with the defense counsel to see if they can plea to life without the possibility of parole if there is a chance they will lose the case.  In this case, the fact is Ralph Tipton posted to his FB page an audio of a voice message left with his brother that the family was being invited to a meeting wherein a plea bargain was going to be discussed.  The only thing not standard about this is the family being invited.  All too often the victim or  their family is left out of the process.  There was absolutely nothing nefarious in any of this.

THE PEDESTRIAN VICTIM WHO IS AT FAULT

We all agree failure to render aid is horrible.  The death of Mary Tipton is horrible.  We need to learn to separate the issues if we want any justice for Mary Tipton.  Here is a fact no one likes, the police report blames Mary Tipton for the accident.  As a DA you know with the police blaming the victim, you have a good chance of a jury finding the defendant not guilty.  But under the charge this is meaningless - but juries are still juries  - they are a gamble.

She is charged with accident resulting in death.

(1) involving an accident resulting in:
(A) death of a person is a felony of the second degree;
For the above to apply the evidence has to show the alleged defendant failed to render aid.
Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH. (a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;
(3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and
(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.
(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:
(1) involving an accident resulting in:
(A) death of a person is a felony of the second degree; or
So if in fact Marisa Hernandez did in fact hit Mary Tipton the jury should have no problem convicting her. The key is the tape.  The tape is somewhat worthless if it does not clearly show Marisa Hernandez driving the vehicle.  Hearsay testimony will not get a conviction.  

Just because many of you want to be stupid does not mean Marisa Hernandez wants to be stupid.  If the police come to my door wanting to ask questions about an accident I know I caused, I am not going to speak with them.  Did the police just say "hey no need to talk with Ms. Hernandez," or did she refuse to speak?

There is conflicting information as to what is on the tape.  This is not complex.  All Ralph Tipton has to do is have his attorney file with the court a request that the court secure the tape and determine whether or not in fact the tape shows someone with a flashlight looking in the area of the body.  If it does Judge De Coss will then have to call in Detective Clipper to determine if it is true he told Ralph Tipton there was no such evidence.  To get to this point Ralph Tipton has to sign an affidavit claiming Detective Clipper's conflicting statements.  Now Ernesto Gamez will certainly oppose such a review of the evidence, but Saenz would have to be crazy to oppose such a hearing.

Remember Judge De Coss can refuse any and all plea bargains thereby forcing this case to trial. But also remember if he refuses a plea bargain which includes jail time and then the jury acquits Marisa Hernandez, we all know the internet trolls will blame Judge De Coss.  

The key to this case is the strength of the evidence on the tape.  Judge De Coss needs to review the entire tape and any conflicting statements by law enforcement.  Only then can he make an informed decision if a plea bargain is necessary in this case so as to insure some justice for Mary Tipton.

AN OLD HIT AN RUN

Years ago after the grand jury no billed a nurse in a hit and run I did a grand jury referral and got the same result.  His defense was he did return after leaving the scene and failing to render aid.  He claimed as a nurse he had no cell phone and needed to drive to the closest public phone to call for help.  By the time he returned to the scene the police were already there.

We tried the civil case.  He had minimal insurance so the widow was not going to get much.  The investigating officers blamed the victim for being in a no walk zone when he was hit,  In a civil case the standard is preponderance of the evidence, not beyond a reasonable doubt.  We knew we lost when the jury walked back in and half of them were crying.  When the police blame the victim you cannot even win with the low standard of preponderance of the evidence. 

We do not know the strength of the evidence which shows Marisa Hernandez was actually driving.  Her son claiming she was driving is hearsay unless he was in the car with her at the time.  No one likes a plea bargain, but people like even less when a guilty person walks because the DA could not prove all of the elements of the case.

This comes down to Judge De Coss watching the entire tape so he can make an informed decision as to the strength of the case.  Judge De Coss has to make clear to both sides a plea bargain is not an option until he has been allowed to review the strength of the evidence.  How each side reacts to such a request by Judge De Coss will tell us a lot about the case,  

3 comments:

Anonymous said...

Your post would be better if you would tone down your insults. Good points made but the insults have to go.

BobbyWC said...

The internet trolls cause a lot of problems and disinformation. The readers looking for real information need to know the internet trolls are not helping

Bobby WC

Anonymous said...

There is no more tape to look at. The 40 seconds is it. They erased the part with the flash lights and where it shows no PD looking for her. They said I was lieing. They said that didnt happen. So I hired an attorney to do depositions. The DA and clipper saw no need to do so. They saw no need to do investigate anything. In the deposition the deputy admits to being out there with three others with flashlights. Before calling that he hit a skunk. The pd officer admits he didnt go look for her. So i wasnt lieing thats why gamez wants it thrown out becouse either im a psychic or there the liars. They all knew there was 6 months to get the hard drive. Clipper the Da Gamez everyone but me. They all knew is was tampered with. So they waited well over a year to bring it up. They just didnt count on the depositions. Not that a felony has been admitted whay jas no one been arested? Why is clothes bagged for evidence missing? Why did the officer not call back up or go look for her. Why was there no pictures. 6 cameras and none worked that night. Why was there no investigation? Go look at the records for last november. Clipper was on cold cases. Like he told me. If he was doing both or just cold cases IDK. Why didnt Clipper confiscate there phones? He had an order to do so. He took over a year to get the phone records or as they put kill time. I found out I could get the in days. A cop even faster. I can do this all day but theres point to argue with a sellout.