Tuesday, October 4, 2016



SAENZ AND GAMEZ SET FOR SHOWDOWN IN DEATH OF MARY TIPTON

Do not be fooled - this could be a planned joint venture as a way to get the case dismissed.  I will not be at the hearing because I have an afternoon doctor's appointment in Harlingen.

I have not read the pleadings, but Gamez at the last hearing stated he was going to renew his request that the case be dismissed over the destroyed evidence.

It is not for the police to destroy or alter evidence.  It if for the police to turn over all evidence to the DA, and for the DA to turn over to the defense all possible exculpatory evidence and all evidence which may be relevant to the case.

What is missing is a large portion of the video which allegedly shows the defendant's family looking for whatever or whomever Marisa Hernandez hit.  The law states that you must immediately render aid.  Judge De Coss has already ruled that the time between the accident and the stipulated time as to when the search started does not as a matter of law meet the requirement of immediately.  This means the allleged missing part of the tape would not be exculpatory.

Beyond this, DA Saenz and his staff are not disputing the claims of the defendant as to when the search began.  This means the evidence on the video which has gone missing would add nothing to the case.  It would only reinforce the claim made by the defense which Saenz is not disputing.

Since Saenz is not disputing that the family of Marisa Hernandez eventually tried to search the area where the accident happened, or the time frame, the tape adds nothing in terms of exculpatory evidence.

But the war is on tomorrow.

10/05/2016  Announcement  (1:30 PM) (Judicial Officer De Coss, Rene E)
EMERGENCY MOTION FOR SANCTIONS AND REQUEST FOR COURT INQUIRY INTO DISCLOSURE OF STATE'S EVIDENCE and EMERGENCY MOTION FOR SANCTIONS AND REQUEST FOR COURT INQUIRY INTO ALTERATION OF EXCULPATORY EVIDENCE; Trial on: 10/17/16

6 comments:

Anonymous said...

Dear Editor: I am a reader of nine months give or take and have always considered myself Democrat. I am ashamed of all that is happening with our Democratic elected officials. I have been in tune with the Tipton case since I first read about it on your blog and have signed the petition Mr Tipton provided. What angers me and saddens me is our elected officials ignoring this poor man.He has publicly asked Commissioner Tetreau and others to sign his petition publicly and is ignored. Why? Does she feel that she is irreplaceable or is she just an inconsiderate woman with no heart who lacks empathy? I am ashamed of voting for her and others like her. Why is mo one at the vigil? Because our sheriff Lucio is a Democrat and so are many others who are responsible for this fiasco? We are Democrats for God's sake! A Republican judge like DeCosse is doing more for the people in terms of justice? This is not what we are about! I will not be voting a straight ticket this election or any other. Democrat officials have shown they cannot be trusted. I'd rather cote Republican or Libertarian than to elect another Democrat into office. I am ashamed of you utterly ASHAMED. JESSICA TETREAU this message is for tou and others like you, you will NOT win this next election. I promise you I will work hard to get you off your seat. You DO NOT deserve it. You and others will not last in office. You are a callous manipulative good for nothing commissioner and I am ashamed of having voted for you. You are not a Democrat. You are a farse and shall fool people no longer. The same goes to Lucio our sheriff. I pray Mr Cortez removes you from your throne this election. I may not like him but he is a far better man than you after all you have done to poor Tipton. You and that department are incompetent and you need to be removed. I apologize for my rant but what the party is doing to this young man is cruel and has no name. Young man Tipton I applaud you for your strength and determination. Know that I am with you in spirit. Was I younger I would stand at your side until the glorious end. This county we live in is a sad one not because of the people but those who represent the people. Finally I commend the editor Bobby W. What our officials have failed to do and have only suceeded in moving this ordeal to bitter darkness, ypu have shed light on. God bless you and all your good works. Thank you for helping young Tipton and keeping us informed.

-Christina

Anonymous said...

Anonymous October 5, 2016 @ 2:15am
What a well written statement I reiterate everything you said. Fight on Mr. Tipton and thank you Mr. Bobby W

Anonymous said...

Well said Christina!

Anonymous said...

sad part is that nobody will loose their job..the DA's should be responsible

BobbyWC said...

The new indictment is defective and Saenz knows it. It is time the FBI gives him 24 hours to resign or face indictment. We need one of the millionaire lawyers to sue Saenz, the head of the FBI for the Western District and the head of the DOj for the Eastern District in washington demanding the home office of each bring indictments against saenz, the head of the local FBI and DOJ. You watch how fast they send investigators and review this file, and end Saenz's career for good.

Bobby WC

Anonymous said...

No one will go up against Saenz