Lubbock Criminal Defense Lawyers Association

Jim Moore and I got a not guilty on an ACBI in CC2 on Tuesday against Myers and Slack. I have no good explanation as to how this happened so I guess it is an example of what can be done if you repeatedly beat the jury over the head with the burden of proof. The State rested late Monday and we broke for the night. That night, my client was picked up for allegedly committing Burg. Hab. with intent to commit assault. Yes, you read that part right. They brought our client over in her street clothes and we proceeded. Needless to say, she didn’t take the stand. I gratefully thank, Ron McLaurin, Justin Kiechler, Robin Mathews, Donnie Yandell, Pat Metze and Jaimie Lopez for their assistance. Sorry if I forgot anyone. If you want to know about the best defense bar in the State of Texas, come ask me.

TCDLA has 7 registration scholarships to the NACDL seminar “Not Guilty! Making It Happen with Cutting-Edge Defenses,” on February 25-26, 2010 at the Hilton Hotel in downtown Austin.

All travel expenses is the responsibility of the lawyers.

As added bonus, all lawyers who attend the NACDL seminar can also attend the CDLP Capital/Habeas CLE, at no cost, right around the corner at the downtown Marriott Courtyard. The attorneys will receive the materials on a CD.

Andy Taylor and Sara Smitherman got a 21 minute Not Guilty in Hale County Court. The charge was criminal trespass. Client’s baby lived with mother at her parents house. Brother in law called police when client visited at 2:30am. Police arrested client without ever criminally trespassing our client before. ADA would not dismiss! Baby momma testified she told client he could come in house.

There were a number of victories this week, in addition to the previous email.

(1) Dan Hurley got a not guilty on a DWI in CC2. It was a 0.15 breath test, but, apparently, a really good video.

(2) Susan Rowley got a hung jury that resulted in a dismissal on a Burglary of a Building in the 137th.

(3) Will Boyles got an LIO on a Poss CS 4-200 g in the 140th. (Charge was Intent to Deliver)

Attorneys feel free to give us details on your cases. Great jobs all the way around. Congratulations to all of you!

Cui and Amy got a Not Guilty this week in the 364th on a Sexual Assault. The following are the details from Cui:

This might be more than anyone needs to know, but there was a lot of stuff in this case.

Here are a couple of things about my and Amy Cook’s trial this week (if anyone’s at all interested):

Complaining witness testified to drinking 5-6 beers at her friends and “possibly” smoking pot (first time we heard of this was at trial) along with Xanax and being on anti-depressants (did she take them that night, who knows?) before they went to Jake’s sometime around 11 or 12. She ordered a beer and then someone sent her a beer which was given to her by the bartender.

After that, she doesn’t remember anything until she woke up naked with a blanket around her in her car. The car was not in the same parking spot where she remembers parking it. Bra cut between the cups, panties, blouse, purse and jacket gone. Guy’s “wife-beater” (as Mrs. Stanek characterized it), 2 socks and a cigarette case in the car. The cig case was thought to be the suspect’s (in trial, it came out that her friend smoked the same brand of cigs).

Also, nothing came of the “drugging of the drink.” No investigation was done on that whatsoever. The only investigation done was taking pics, rape exam, DNA CODIS hit. Indictment (which was totally wrong at first) had to be re-indicted (I filed a Motion to Quash). That’s why some bloggers on the AJ think my client had 2 separate sexual assault cases.

My client testified that he went to 50th Street Caboose around 7-7:30 and ate and drank. This girl (never saw her before) came in and they hung out. She got flirtatious and eventually told him she wanted to go to her car. She led him out and they had sex in the car. After that, she passed out. He didn’t know what to do so he drove her to his apartment a few blocks away. She still didn’t wake up. He took her purse inside, got a blanket, and then tried to carry her inside. He couldn’t do it so he kept trying to wake her up. It was getting late and he had to work at 6 am. He took her back to where his car was next to 50th St Caboose, left car on, locked the doors and left.

He went to work and then had a break sometime around 10. He went by the Caboose but her car was gone. He then went home and saw her purse in his apartment. Since he didn’t have a phone, he asked his neighbor to call a number that she could find in the purse and let the owner know where it was. He went back to work his second shift and that was that.

I did not talk to the jury, but Amy got from the Judge that the jury focused in on. “How did my client know which car was her’s and where was it parked?” She had to be coherent and lucid enough to lead my client to her car. Amy brought out the fact that she did not have a remote locking mechanism on her key chain so she had to be the one that showed him her car.

Supposedly, one of the jury’s preliminary votes was 11-1 not guilty (according to the deputies).

We also found out during the trial that the complaining witness did not want to come and testify but the State subpoenaed her anyway. (In this case, probably not the thing to do.)

My client’s version of events was the same from day one, even before he reviewed any discovery. I know the jury is getting some grief from some people on the AJ website, but it was the right verdict.

Cui Romo

Also, thanks to Joel Cook for offering his services as an expert witness on many issues in this case! Thank goodness I didn’t have to take him up on that.

Everett Seymore and Joel Cook got a reversal of County Court at Law #1. Case was a DWI based on traffic stop. The stop was based on suspect pulling a flat bed trailer and cop said he’d had reports of stolen flat bed trailers. Cop could not identify what color, type or style of trailer had been stolen, but thought that he had authority to stop every trailer. Judge Ladd denied the motion saying it was good police work. Everett and Jason Howard almost got physical during the trial and our client almost got physical with Howard as well. Amarillo reversed without oral arguments citing lack of evidence in record to justify the stop. State says their considering a PDR.

James Gibbs tried a DWI this week in County Court at Law #2; he was assisted by Brandi Dosser. After a 3 day trial and over 3 hours of deliberations, the jury acquitted James’ client. This was a breath test case (.11, I think), and there was a battle of the experts. I will let James and/or Brandi follow-up with details. Good work, guys!

According to the A.J., Dan Warrick got a not guilty yesterday. His client was charged with Agg Assault, apparently in a 2 count indictment. State proceeded on one count, and the jury acquitted. We’ll see what happens with Count II. Stay tuned!

Dan Warrick got a not guilty yesterday. His client was charged with Agg Assault, apparently in a 2 count indictment. State proceeded on one count, and the jury acquitted.

Eddie said that he will dismiss count 2. Meanwhile, client was released on a PR bond yesterday after being held the required 48 hours for a domestic charge.

No client during jury selection, 9 deputies to cuff him to a wheel chair for court appearance, an in-camera (6 deputies but no D.A.) motion to withdraw hearing and the 1st jury foreman resigned so that his or her signature would not be on the verdict form. Client started his post-conviction outburst before the deputy and Dan could make him understand he was going home.

As always, the next meeting with be this Thursday at the Blue Light on Buddy Holly Ave. If you ever need to check when the next meeting will be, don’t forget to check the top right of the website. It’s always there and is automatically updated each week.