August 4
TEXAS:
Judge delays Acuna trial
The judge in the capital murder trial of Robert Aaron Acuna delayed
Tuesday's proceedings after a juror sent word that his wife was suffering
a medical emergency.
Acuna, 18, faces the death penalty if convicted of the Nov. 12, 2003
murders of James Carroll, 76, and his wife, Joyce, 74, in their Country
Club Estates home. Alternatively, he could be sentenced to life
imprisonment with the possibility of parole after 40 years.
The second day of testimony was set to begin at 10:30 a.m. Tuesday.
However, 262nd District Court Judge Mike Anderson told prosecutors and
defense attorneys that a juror called the court and said that his wife,
who underwent surgery last week, experienced severe pain late Monday night
and was taken to the hospital.
Anderson tried to telephone the juror to hold a hearing with attorneys to
determine if he could continue to serve on the jury. But it took some time
and a couple of attempts to locate the man.
Instead of having the juror on a speakerphone as originally intended,
Anderson privately spoke with the man at some length and to the doctor
treating his wife.
Anderson told the attorneys that the man had been awake since midnight and
could not return to serve on the jury Tuesday, but the juror said he
believed he could appear today.
"I think it's prudent at this time to dismiss the jury today. (The juror)
feels there is some hope that he can serve tomorrow," Anderson told the
attorneys.
Harris County assistant district attorneys Renee Magee and Vic Wisner
argued for continuing the trial with an alternate juror because the
prosecution had several witnesses from Dallas waiting to testify. Acuna
was arrested in a Dallas-area motel, where he was staying with another
man, on Nov. 17.
But defense attorneys Bob Loper and Laine Lindsey wouldn't agree.
"If I had my druthers, we'd be in trial right now," Anderson said.
But because the man said he was willing to continue to serve on the jury,
Anderson said he would make that determination today.
"One way or another, we'll proceed (today)," he said.
Anderson brought the rest of the 6-woman, 6-man jury out to explain the
situation before dismissing them for the day.
Last month, the attorneys selected 12 jurors and 2 alternates. But on
Monday, before testimony began, Anderson discharged one of the original
jurors because he sent a letter last week saying he had recently been
fired from his job and was the sole breadwinner for his family.
1 of the alternate jurors was selected to take the man's place, leaving
only 1 alternate.
Acuna was 17 and attended Sterling High School at the time of the
Carrolls' murders. He had been scheduled to appear in court on an
aggravated robbery charge on Nov. 14, the day that the Carrolls' daughter
discovered her parents' bodies.
Acuna's family, who lives almost directly across the street from the
Carroll residence, reported him missing that morning.
Following a trail of purchases made on the Carrolls' credit cards and a
sighting of James Carroll's 1989 Pontiac by a Dallas police officer late
Nov. 12, Baytown detectives arrested Acuna Nov. 17 in a Dallas-area motel
room, where he was staying with another man, Adulfo Jimenez, who now will
be a prosecution witness. In the parking lot of the motel, police found a
.38-caliber revolver, the type of gun used is the murders, inside the
Pontiac.
(source: The Baytown Sun)
***********************
Crime lab delays justice in county -- Judge says state should pay to solve
the problem
Bevy Lee Wilson, indicted on capital murder charges, has been waiting for
trial in the Nueces County Jail for 551 days because of a backlog at the
state's crime lab.
Wilson is not alone. As of Monday, more than 40 people have been locked up
for periods at least 10 days and up to 123 days while the justice system
struggles to move cases. Judges and lawyers in Nueces County said much of
the backup is caused by understaffing at the Texas Department of Public
Safety crime lab in Corpus Christi.
"It's a public safety problem," Judge Jack Hunter said. "The state needs
to step up and hire the appropriate people."
As time clicks by, evidence gets lost and witnesses move or die, Hunter
said. Also, the more time that passes, the harder it is to prosecute
cases, Hunter said.
"The longer you wait, the higher the risk," Hunter said of the situation
that is not limited to the Corpus Christi lab, which serves more than 20
counties.
The effects of the backlog on the community can go even deeper. The county
has to pay for these people over the lab's lag time, and sometimes, judges
have to let people out of jail because they cannot be held that long
without a trial, causing a potential public safety issue.
DPS crime lab technicians in Corpus Christi referred calls to Austin, but
calls to the main lab were not returned.
Nueces County's first assistant district attorney, Mark Skurka, said the
lab has been backed up for years.
"It is a problem that has been building for a long time," Skurka said. "It
delays court appearances, court trials. Everyone wants to know what the
evidence is going to show."
The DPS crime lab tests for DNA on evidence, such as knives and guns. It
also does blood tests for intoxication manslaughter cases and checks to
see if seized material contains drugs.
"If it's a drug case, we won't take the case to the grand jury until we
have a certified lab report," Skurka said.
Defense lawyers also are not willing to take a case to trial - or even
plead it out - without lab tests. After all, a supposed bag of cocaine
could really be drywall dust, Skurka pointed out.
Skurka added that his office might dismiss a case if DNA does not match a
defendant.
"The D.A.'s office is ready to prosecute cases, but to prosecute those
cases, we must have the evidence necessary to prove the elements of the
offense," Skurka said. "If I don't have all the evidence, I feel I can't
make a complete presentation."
Defense lawyer Jim Lawrence said he, too, is not inclined to proceed with
cases until the DPS completes its analyses. "I have a guy in jail and
everything hinges on the DNA," Lawrence said. "They haven't even got to it
yet."
Noting the lab is "probably overwhelmed" and in need of more chemists,
Lawrence said the state or the county should outsource some of the work to
a private lab as a short-term solution until they can catch up.
Hunter, of the 94th District Court, wrote a memorandum to Nueces County
Judge Terry Shamsie asking the county's top official to hire an
independent laboratory technician to take some pressure off the DPS lab.
"I am concerned about a problem that exists regarding evidence being
analyzed and the time it takes for the District Attorney's office to
receive the results. The problem is a public safety issue," Hunter wrote.
"Attorneys will not go to trial without all of the evidence. This would be
a disservice to both the prosecution and the defense."
In Hunter's court, blood evidence in a pending murder case cannot be
returned from the DPS lab from anywhere from nine months to a year, he
said.
"The public needs to know that criminal cases are being efficiently routed
through the system," Hunter wrote. "The backlog is created because
evidence cannot be examined and reports (are) delayed, causing
overcrowding in the jail."
The expanding jail population is a concern of the county judge as he has
sought to control the budget. Officials around the courthouse have said
the daily per-inmate cost is about $40 a day - that would put the cost of
housing and feeding Wilson, who was indicted for capital murder, up around
$22,000 for his 551 days in jail.
In Shamsie's response to Hunter, he said he agreed with the district judge
on the issue of the delay in lab reports.
"However, for the last year, the district attorney and I have made several
attempts to speed up the process, but to no avail," Shamsie wrote. "I
appreciate your help, but my hands are tied."
Shamsie said he offered the state to pay for the full salary of a
laboratory technician.
"However, the Great State of Texas has refused the offer of help," Shamsie
wrote to Hunter.
Through his executive assistant Tyner Little, Shamsie said Tuesday that he
was looking at legal remedies to the problem at the crime lab and the
consequential issue of expensive overcrowding at the jail.
District Judge Sandra Watts also recently expressed frustration with the
DPS crime lab. She has had to reschedule Wilson's case at least 3 times
because DNA evidence was not ready.
At a status hearing Tuesday, Watts learned the DNA tests were complete,
but waiting for a supervisor's stamp of approval. Watts scheduled another
status hearing and said she would order local DPS crime lab personnel to
show up to explain the delay.
Also in Watts' court, a man indicted on a charge of murder, Mark Alvarez,
had to be released in July from the Nueces County Jail because he was held
too long without a trial. The holdup was caused by slowness at the DPS
lab, but also because lawyers waited to request DNA tests.
Watts berated the prosecutor and the defense lawyer for waiting too long
to ask for the testing.
"My concern is that neither one of you took that DNA in a timely fashion
to the DPS," Watts told the lawyers. "It appears to me that . . . the
blood should have been taken a lot sooner than July. And it is not right
for this man, and it is not right for the victims to be the victims of our
inability to look at these files in a timely way."
Because of a state law, Watts released the defendant from jail until
trial.
Unlike Alvarez, Wilson's charge of capital murder could bring the death
penalty, making him more of a flight risk and therefore not eligible for
release.
"I'm tired of waiting," Wilson said, asserting he is innocent. "I'd rather
be out there with my children."
(source: Corpus Christi Caller-Times)
*******************
Family charged in meth lab fire that killed boy
In Abilene, the parents and grandparents of a 6-year-old boy killed in a
mobile home fire started by a methamphetamine lab were indicted on charges
of capital murder.
A grand jury issued indictments Monday against Russell Lee Dentler, 35;
Amy Camille Dentler, 33; the child's maternal grandmother Patsy Carol
Teague, 50; and her husband Lonnie Evert Teague, 51, said Jones County
Sheriff Larry Moore.
Texas law states that an unintended death in the commission of another
felony may result in a murder charge.
"They were cooking dope in their house; it caught fire and killed their
son, and I'm supposed to feel sorry for them?" Moore told the Abilene
Reporter News for a story in Wednesday editions. "I'm sorry they lost
their son, but they were committing a felony, and you don't do that to
your kids."
A capital murder charge allows prosecutors to seek the death penalty, but
Jones County District Attorney Britt Thurman said he probably will seek a
life prison sentence.
The 4 adults and 6 children were asleep March 3 when the blaze started in
their mobile home near Anson, about 20 miles northwest of Abilene.
Everyone escaped except Colton Blain Dentler, 6, and his sister Ryann, who
was rescued by Russell Dentler and revived by Amy Dentler, Patsy Teague
told the Reporter-News at the time. But the family was unable to find
Colton, Teague has said, adding that the home burned in 7 minutes.
The five surviving children are "being taken care of," Moore said,
declining to comment further.
The grand jury returned 28 indictments, 7 on each person. Each has been
charged with 1 count of capital murder, 1 count of 2nd-degree attempted
murder, 1 count of 3rd-degree possession and transport of anhydrous
ammonia, and 4 counts of child endangerment, a state-jail felony, Moore
said.
Anhydrous ammonia is used in making methamphetamine.
The 4 were jailed in Jones County, each in lieu of $177,500 bond.
(source: Associated Press)
************************
DAYS BEFORE BEATTY ARREST RECOUNTED
The capital murder trial of Tracy Lane Beatty continued Tuesday with
testimony from his neighbors and friends about the days leading up to his
arrest for the alleged murder of his mother.
Judge Jack Skeen Jr. of the 241st District Court denied motions by defense
attorneys for a mistrial and that prosecutors recuse themselves from the
case.
Beatty, 43, faces the death penalty if convicted by a jury for allegedly
killing Carolyn "Callie" Click, 62, and burying her body behind her mobile
home in Whitehouse.
Smith County District Attorney Matt Bingham, First Assistant DA Brett
Harrison and Chief Felony Prosecutor April Sikes are representing the
state while Robert Perkins and Ken Hawk are defending Beatty.
Longtime neighbor and close friend of Ms. Click, Lieanna Wilkerson,
testified the mother and son had a rocky relationship and fought almost
daily.
Ms. Wilkerson paid him to do odd jobs around her house, she said. When
Beatty argued with his mother he would come over to her house, she said.
Ms. Wilkerson testified about comments Beatty made which worried her.
When Ms. Click handed Beatty a hammer one day, he told Ms. Wilkerson he
couldn't believe she had handed him the tool because all he could think
about was hitting her in the head with it. Several times Beatty told her
he wanted to choke his mother to "shut her up," she said.
Ms. Click and Ms. Wilkerson often talked of Beatty before he moved in with
his mother in October. Ms. Wilkerson was worried after hearing Ms. Click's
account of prior assaults, including once when Beatty beat her so
severely, "he had left her for dead," she said.
Ms. Wilkerson said the fact that Ms. Click said she wanted Beatty to live
with her was an absolute reversal from what she had talked about her son
in the past. Ms. Click apparently hoped to finally make peace with him,
she said.
When Ms. Wilkerson went on vacation she was concerned to leave the two at
home alone so she asked Beatty to house sit for her. When she returned,
Ms. Click had apparently kicked Beatty out of the house but he said he
would handle it and moved back in, she said.
Ms. Click was angry with Ms. Wilkerson for letting Beatty house sit and
the friends never had a civil conversation again, she testified.
On Thanksgiving Ms. Wilkerson invited Beatty to a neighbor's house for
dinner. She had not seen Ms. Click in a couple of days and Beatty, who
appeared nervous, told her she went out of town with a truck driver, Ms.
Wilkerson testified.
She said it was odd for Ms. Click to leave and not tell her or neighbor
Betty McCarty where she was going.
Ms. Wilkerson repeatedly asked Beatty where his mother was. He became
frustrated and said he didn't expect to hear from her again, she said.
REQUEST FOR MISTRIAL DENIED
Renee Loomis, Aaron "Doc" Sisk and Melissa Southern all testified they met
Beatty about a week before his arrest. They spent time with each other
just about every day, drinking alcohol and using methamphetamine.
Ms. Loomis and Ms. Southern both said Beatty told them to take any item
out of Ms. Click's house that they wanted. He told them the mobile home
belonged to his deceased aunt. They were given clothing, jewelry, food,
plants and knick-knacks.
Ms. Loomis testified Beatty had told her his aunt died while he was
incarcerated.
Perkins, outside of the presence of the jury, requested a mistrial because
Ms. Loomis told the jury Beatty had been in jail. The judge earlier ruled
any information about his criminal history or weapon possession was
inadmissible during the guilt/innocence phase of the trial.
Bingham and Harrison were sworn under oath and testified they instructed
Ms. Loomis, along with all other witnesses, not to mention Beatty's
criminal past.
Ms. Loomis said the prosecutors never advised her of such, but Ms.
Southern and Sisk said they had been told.
Skeen denied the motion for mistrial and later asked the jury to disregard
the question and answer.
Perkins said there was no way the judge could undo the harm that had
already been done.
He requested that the DA's Office recuse itself as prosecutors of the case
but Skeen denied the motion.
Beatty, now clean-shaven and with shorter hair pulled back in a ponytail,
appeared bored during most of the trial as he doodled on a cup and paper
and chewed on a pen.
Ms. Loomis and Ms. Southern testified they used Ms. Click's credit and
debit cards but assumed the cards belonged to Beatty's wife. Both women,
when asked by Perkins about contradictory testimony, said they believed
methamphetamine use could harm their memories. Although, Ms. Loomis said
she believed she had a good memory.
She and Ms. Southern and Sisk each said they were approached by Beatty to
help sell the station wagon. Beatty gave the car's title to Ms. Southern
and asked her to see what she could do, she said. He had placed a "for
sale" sign on the car.
The three witnesses all testified that Beatty eventually told them a man
killed his mother and he killed the man. Sisk said he thought he was just
drunk while Ms. Southern and Ms. Loomis wanted nothing more to do with
Beatty.
On the day he was arrested, Ms. Southern said Beatty burned several items
behind her house, where she stayed with Sisk and another man. Those items
were Ms. Click's personal items, including a checkbook and her driver's
license.
On Dec. 17 police cars surrounded Ms. Click's house. Ms. Wilkerson
received a call from Beatty, who told her his mother was dead and he led
police to her body. He told her had come home and found her dead.
"Junior," the man Beatty told people Ms. Click had gone away with, had
killed her so Beatty killed him.
He told her how he stripped Ms. Click down, cleaned her body and buried
her; then he dumped "Junior" in a lake.
Several times he called Ms. Wilkerson from prison and told her different
stories about what had happened to his mother. Finally he told her he had
gotten into a fight with her in which she had grabbed his hair and
wouldn't let go. He choked her until she dropped to the floor and he went
to sleep. He did not know she was dead until the next morning, Ms.
Wilkerson said.
Beatty also asked her to come pick up his personal items from the jail,
which included Ms. Click's credit cards he had gotten by law enforcement.
But Ms. Wilkerson called investigators and told them of the evidence, she
said.
Ms. Wilkerson also found an e-mailed receipt for $800 worth of items
purchased by Beatty on her computer. Beatty had asked Ms. Loomis to use
Ms. Click's credit card and list her address for delivery because he did
not know how to use a computer.
Beatty began doing odd jobs for Don Wilcox, a man who financed mobile
homes, and drove his truck for work purposes. Wilcox had not heard from
Beatty on Dec. 17 and filed an unauthorized use of a motor vehicle charge
with police. His truck was later found with Beatty at a residence in
Malakoff.
(source: Tyler Morning Telegraph)
********************
Boy, 11, saw mother's slaying, prosecutors say as trial opens
In Fort Worth, with relatives' arms over their shoulders, 4 children
peered through the courtroom glass Tuesday and wept as they saw the man
accused of fatally shooting their mother in their Arlington home nearly 3
years ago.
Prosecutors said in opening statements that one of the children, Derrick
"D.J." Moore Jr., witnessed his mother, Kisha Kennard, being shot at least
six times on Sept. 24, 2001, in their east Arlington home. Kennard, 30,
died at Harris Methodist Hospital in Fort Worth of gunshot wounds to the
head, back, arms and legs.
Derrick, who was 11 years old then, told police that he saw his mother's
ex-boyfriend, Dwayne M. Allen, standing outside their back door in the
1600 block of Kent Avenue just before his mother was shot.
"D.J. looks out the blinds and sees Allen pulling a gun from his pocket
and stepping toward the door," prosecutor Mike Parrish said in opening
statements. "Kisha turns, and she is shot in the back."
Allen's court-appointed attorneys, Tim Moore and Bill Ray, argued in
opening statements that their client was not the shooter.
"We are not going to dispute the what, where, when or how of this
tragedy," Moore said. "But the who, or the person behind the door, is what
we are disputing."
Allen is being tried on a charge of murder in Kennard's slaying. He was
arrested in Virginia in December 2001 and fought extradition to Texas
until he was sent here by a state appeals court in June.
He read a hand-sized Bible during the 1st day of testimony in a Tarrant
County auxiliary courtroom. A jury of th3 women and 9 men is hearing the
case.
Ashley Allen, 12, one of Kennard's daughters who was in another room the
night Kennard was shot to death, testified that her mother got into an
argument with Allen hours before the fatal shooting.
Ashley said she listened to the quarrel in a girls' restroom at Crow
Elementary School, where Kennard was attending a conference with school
officials about Derrick's behavior.
"My mom was crying," she said while wiping her own tears. "When I walked
in, Dwayne was putting a pocketknife in his pocket. I saw the cut behind
her ear. My mom said he threatened to kill her if she told anybody."
Allen's attorneys attacked Ashley's testimony by pointing out that she
never told police about the stabbing incident at the school until this
year, just before the trial began.
Forensic expert Marc Krouse testified that Kennard suffered at least 6
gunshot wounds from a large-caliber round fired from a handgun.
"She was shot twice while standing and four times while either kneeling or
lying on the floor," said Krouse, the Tarrant County deputy chief medical
examiner who performed the autopsy on Kennard.
Prosecutors are scheduled to continue their case today and may call
Kennard's son, Derrick, who they say witnessed his mother's slaying.
(source: Fort Worth Star-Telegram)
******************
Man Accused of Murder Heads to Court
A man accused of fatally shooting a Polk County woman last year heads to
court next month.
Jury selection in the capital murder trial of Donnie Lee Roberts is set
for September 17. He's accused of killing 44-year-old Vickie Bowen in her
lLke Livingston home in October of 2003.
Authorities say 32-year-old Roberts, who was Bowen's boyfriend, confessed
to killing her. Roberts says he shot her with a 22-caliber rifle during an
argument.
He's in the Polk County Jail charged with capital murder. If convicted,
Roberts could get the death penalty.
(source: KTRE News)
