Friday, March 24, 2017


MARY TIPTON DENIED JUSTICE BY JUDGE BANALES

UPDATE:

The case went to the jury before lunch.  They remain out.  As soon as a verdict is known, I will post it.

ORIGINAL POST

There is no issue Detective Clipper failed to preserve evidence in this case.  But the question is, was the evidence material?  The charge is failure to immediately render aid resulting in death.  In Texas failure to remain at the scene of an accident is a crime.  The deposition evidence given by Marisa Hernandez's son proves she did not remain at the scene to render aid.  This is separate and distinct from the fact the video clip shows she did not stop.

The online docket sheet shows the DA filed a Motion to Withdraw Evidence.  The online docket sheet I can see from home does not tell me the content of the motion so I have no idea what evidence the DA sought to withdraw.

The Herald is reporting that Judge Banales granted the defendant's motion for a spoliation instruction to the jury.  The issue is Detective Clipper's failure to secure the entire video of the accident.  While Detective Clipper should have been fired for his actions they are meaningless.  The second Marisa Hernandez left the scene she committed a crime under Texas law.  So a video which shows she came back later to search does not overcome she committed a crime by leaving the scene.  It does not overcome the key question as to the jury charge, Did she stop and render immediate aid?  She did not.
Judge De Coss had already reviewed the evidence and found she did not render immediate aid.  Why did Judge Banales reverse Judge De Coss?  How would the missing evidence have changed the fact Marisa Hernandez failed to stop, which independent of the death of Mary Tipton is a crime?

DA Luis Saenz can get the mandamus filed in time before the jury charge is formally submitted to the jury.  He will not.  This is the same question the Assistant US Attorney asked  DA Villalobos' appellate attorney when Judge Limas issued an order which was clearly outside the law and resulted in Amit Livingston a confessed killer to walk out of court.  The question was, why did Villalobos not authorize the mandamus?  Saenz might want to keep this in mind and if necessary ask for a delay in taking the case to the jury so that the court of appeals can rule. Saenz will not do his job.  This was a set up from square one.  Saenz would still have the right to appeal the ruling, but he will not.

Justice has been denied.  It does not matter if Marisa Hernandez is found guilty.  There was still a calculated plan to deny Mary Tipton justice.

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