Friday, March 24, 2017


MARISA HERNANDEZ - NOT GUILTY

Let me begin with I respect the jury verdict.  This is never easy.  The problem is Judge Bañales wrongly allowed for the spoliation instruction which really put the jury in a bad spot in terms of whether or not the full tape would have shown exculpatory evidence.

It is almost unheard of for a not guilty verdict to be appealed.  Saenz needs to appeal this verdict on the spoliation instruction.  This is an important issue to the jurisprudence of our state.  If Saenz fails to appeal, he is not doing his job.

The FBI is not stupid.  They know the spoliation instruction was wrong.  They know the meaning of immediately render aid.  They know Marisa Hernandez's son conceded the point.

Double jeopardy does not apply to possible prosecution under a federal statute.

Again the jury did their job with what they had.  When I read the spoliation instruction was granted I knew the verdict would be not guilty.  The jury had no way of knowing if the full video would have proved her innocence.  Based on the jury instruction, the jury carried out justice.  Remember justice is not about innocence or guilt it is about the jury having to make a fair decision based on the admissible evidence and the judge's instruction.  The jury did its job.

The question now is, will Saenz do his job and file an appeal claiming the spoliation instruction was wrong and biased the jury in a way that the verdict was tainted by the bad spoliation instruction.

15 comments:

Anonymous said...

What!!! !#$@×*&! Everyone seems to get away with crime here in Cameron county. Sad to live here. Sad, sad, sad!

BobbyWC said...

I understand your frustration, but under the criminal law she is not guilty. Judge Banales insured the not guily verdict when he granted the spoliation instruction. The jury under that charge had no choice. The key is will Saenz appeal that ruling thereby getting a new trial. It is rare a guilty verdict is appealed but this should be one of those rare cases.

But know and understand under the spoliation instruction the jury did what justice demanded of them. i am 100% certain a court of appeals will reverse Banales and a new trial will be granted.

Bobby WC


Bobby WC

Anonymous said...

I understand but atleast the very least give her some time in jail.. But nothing at all? That's not justice ITS A JOKE

BobbyWC said...

lets see if the feds force Saenz to file an appeal on the spoliation charge. if Saenz wins the appeal there is a new trial.

bobby Wc

Anonymous said...

I doubt that'll happen. Justice in Cameron County no such thing unless you have money or its a high profile case. I could've told you that once they (GOVEA) got that attorney it was a win. He's known to win almost every single case. This is OJ Simpson all over again.

Anonymous said...

What about Mary's husband, Ralph Tipton, can he appeal? Can he bring his own case forward, gag order & De Coss' rulings about the evidence he submitted?

BobbyWC said...

Ralph needs time to process this. I can say this det. Clipper acted illegally. If his acts can be tied to corruption she is subject to trial in red court

Anonymous said...

Justice failed plain and simple!! This judge was in cahoots with the prosecutors from the get go. Protect and Serve​ id forgot about when hush money is involved!!

BobbyWC said...

ralph and mary's family need time to heal, there are options, marisa hernandez may still see jail timr

Unknown said...

this is scott casey! file your appeal!

BobbyWC said...

Unless Saenz is removed only Saenz can file the appe

Joseph Fielding said...

This is Ralphs father, Bruce Tipton. We must encourage Ralph to take a break. Having said that, I am ready to take up the tourch. I work more calculative, putting together proof of corruption, befriending the right people in Austin and Washington by ny personal contacts, pushing for an investigation, and laying it to them. That's how I work differently than Ralph. I let them use up their energy, not mine. I never go defensive. Having said that, being a Priest in ths LDS church, I must exhibit compassion, and I do for the Hernandez family. They are victims of the same corruption in Cameron County, as in Mexico where I have more experience. Its residents have been taught to use corrupt officials to obtain favors. Having said that, it would be foolish to mistake my compassion for weakness. Another thing that I am capable of doing is hitting them in the pocketbook. I would consider going to the Brownsville Chamber of Commerce. There I would explain to them that I plan to target every business thinking about coming to Cameron County. I would give these businesses proof of the corruption and explain that doing business here would not be good for them in the long run.Would it hurt the county? Yes. Do I care? No. My compassion doesn't extend that far. I believe that the members of the Chamber could urge a few changes.

Joseph Fielding said...

I would like to make another comment. Since the beginning of this case, the DA and others have insisted on using Mary's maiden name instead of her legal married name Tipton. They have been told on countless occassions to stop doing that. But they and the judge insisted on doing that even during the trial, we received more respect on that account from the defence attorney. I approached the DA about that yesterday and came down hard on the Brownsville Herald for the same thing today. It is obvious that they did this thinking that Mary Guzman wouldn't bring as much attention to the case as Mary Tipton. In their minds, who would care about another lowly Mexican. Oh, how their error, I am not a Cival Rights expert, but I believe that Mary's and the family's have been violated in this case. I am the head of the Tipton family and I want this investigated. Bruce Fielding Tipton

Anonymous said...

I bet if Marisa, was walking down the side of a road and got hit by a car her family would want justice. Their comments on other blogs are heartless and they are defending a murderer. R.I.P. Mary Tipton, and sorry, that corrupt for sale Cameron County failed you and your family.

Anonymous said...

I bet if Marisa, was walking down the side of a road and got hit by a car her family would want justice. Their comments on other blogs are heartless and they are defending a murderer. R.I.P. Mary Tipton, and sorry, that corrupt for sale Cameron County failed you and your family.