THE YEAR OF THE TRIAL
This past eight months saw the most trials in such a short time I've had in my career. I have had eight (7) Felony jury trials in exactly seven months. Three (3) of those trials took place in Williamson County, four (4) in Travis County. Of those seven trials, five faced the maximum sentence of 99 years or life. Three of those were habitual, with a minimum of 25 years. Two Defendants faced a maximum of 10 years.
It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off. What follows are quick summaries of the trials, the result, and where it ranks on the victory meter. Many thanks to all those who helped.
TRIAL #1
Williamson County 368th Districty Court
Capital Murder
State v Crispin Harmel
Length: 8 days
Penalty Range: Automatic Life
Result: MISTRIAL
This was the only trial this year that I did not conduct the jury selection. However, it was a pleasure to participate on the team with Ryan Deck (lead attorney) and Scott Magee. Filed as a Capital murder, it involved the allegation that the Defendant followed a young woman from a Walmart to her car and left with her. She was found the next morning in her car, deceased. However, witnesses had seen her out of car and alive the next morning prior to her being found lifeless. A mistrial was declared after it was found the prosecution did not supplement discovery with crucial information.
Rank: Temporary Victory for the Defense
TRIAL #2
Williamson County 26th District Court
Murder
State v Rex Nisbett
Length: 9 days
Penalty Range: 5-99 Years/Life
Result: CONVICTION 42 Years
This trial was a 22 year cold case murder. There was no body in this case. The case involved DNA, testimony by witnesses recalling from years ago, and was comprised entirely on circumstantial evidence. There are certainly several issues for appeal. This will be a case that will continue to be watched and will certainly be of interest to all when the decision of the Appeals Court(s) rule.
Rank: Temporary Victory for the Prosecution
TRIAL #3
Travis County 147th District Court
Attempted Sexual Assault
State v Christopher Frazier
Penalty Range: 2-10 Years
Length: 2 days
Result: CONVICTION 4 Years
This case was based on the allegation that Mr. Frazier attempted to sexually advance on a person in a truck in broad daylight without that person's consent while the partner was buying ice cream. The jury heard from three witnesses before deciding. The assessed penalty was agreed by the parties.
Rank: Moderate Victory for Prosecution
TRIAL #4
Travis County 299th District Court
Possession of a Controlled Substance (Habitual)
State v Jonas Smith
Penalty Range: 25-99 Years/Life
Length: 2 days
Result: NOT GUILTY
Mr. Smith was arrested for assaulting his girlfriend with a knife. After transporting her to the emergency room, Mr. Smith was arrested for the assault and in the ensuing search of his person (on videotape), PCP was found on his person. After reviewing the videotape of his arrest and the finding of the drugs in his pocket, the jury acquitted him (I'm not kidding).
Rank: Incredible Victory for Defense
TRIAL #5
Travis County County Court #4 (Felony Jurisdiction)
Assault Family Violence Enhanced
State v Christopher Porth
Penalty Range: 2-10 Years
Length: 4 Days
Result: MISTRIAL
The trial involved some allegations against Mr. Porth involving his girlfriend. After 2 days of testimony, the jury deadlocked 6-6. There was no chance of reconciliation amongst the jurors. The case was re-indicted on a First Degree. The case was resolved for back time on a lesser charge of a State Jail Felony.
Rank: Moderate Victory for the Defense
TRIAL #6
Travis County 299th District Court
Aggravated Assault with a Deadly Weapon
State v Jonas Smith
Penalty Range: 25-99 Years/Life
Length: 4 days
Result: NOT GUILTY COUNT 1/GUILTY COUNT 2, MISTRIAL ON PUNISHMENT
Mr. Smith was tried on the assault of his girlfriend with a knife. After considering the evidence including lengthy testimony on the injuries, the jury concluded he did this beyond a reasonable doubt. However, they could not agree on punishment. 11 jurors agreed on 37 years, 1 would not compromise from 36 (No, I'm not kidding). The case was resolved for 27 years.
Rank: Moderate Victory for the Defense
TRIAL #7
Williamson County 277th District Court
Aggravated Kidnapping, Assault Family Violence Enhanced x 2 (Habitual)
State v Crispin Robledo
Penalty Range: 25-99 Years/Life
Length: 4 days
Result: PLED GUILTY TO 1 COUNT OF ASSAULT FAMILY VIOLENCE ENHANCED 10 TDC
The Defendant agreed to a sentence of 10 years. This trial featured some initial hurdles. But as the case progressed, it was clear the prosecution had a growing concern with witnesses and strategy. In the end, the jury may well have hung, but the result was clearly good for the client. There were too many unknowns for both sides.
Rank: Victory for the Defense
Other notable cases involved a swat standoff, various drug cases, and police pursuits. But 2015 will provide me plenty of trial experience as well. There will be two additional murder trials.
It was a heck of a year, but the fun ain't over yet.
