Post by WaTcHeR on Apr 13, 2006 8:15:00 GMT -5
04/12/2006 - GROVETON — Allegations of improper conduct by the prosecution led to a second mistrial Tuesday in the case of a former Trinity County Sheriff's deputy charged with prisoner abuse, according to spokesmen from both sides.
Scott Taylor, now a Trinity constable, has been on trial for allegedly choking a handcuffed inmate, Gary Wayne Hoffman, slamming him into a jail door on March 26, 2004. Hoffman was being transferred to the jail following an arrest for allegedly fighting with his wife and an alleged "road rage" incident involving a shotgun.
Trinity County District Attorney Joe Ned Dean neglected to inform the defense of a letter he'd written to the parole board on behalf of a witness in the Taylor case after the first trial in August, which ended in a mistrial after jurors deadlocked on a split vote, according to Greg Cagle, an attorney with the Texas Municipal Police Association representing Taylor.
The witness was serving a prison sentence for burglary at the time of his testimony in August but had been released before the second trial, which began Monday.
"I had forgotten about doing it," Dean told The Lufkin Daily News Wednesday.
"I don't think it was improper. I've known (the witness) all his life," Dean said.
Dean, a former judge, said he'd written many letters on behalf of convicts over the years. The witness, in and out of prison for probation violations and a charge that was later dismissed, had been in prison longer than most for a burglary crime, Dean said.
"I don't think he got out a day earlier by me writing the letter," Dean said.
Cagle learned of the letter and filed for a mistrial Tuesday afternoon. Pre-trial agreements, common in most trials, require prosecution and defense to share information which could affect the outcome of the case.
Cases involving members of law enforcement are prosecuted very aggressively, Cagle said. The cases are hard to defend and prosecute, but everybody involved has a duty to follow the rules, he said.
"These (cases) are really hardball," Cagle said.
Whether Dean will be able to retry a case against a defendant involving improper conduct by the prosecution would be decided by a judge, should Dean file for a new trial, Hoffman said.
Scott Taylor, now a Trinity constable, has been on trial for allegedly choking a handcuffed inmate, Gary Wayne Hoffman, slamming him into a jail door on March 26, 2004. Hoffman was being transferred to the jail following an arrest for allegedly fighting with his wife and an alleged "road rage" incident involving a shotgun.
Trinity County District Attorney Joe Ned Dean neglected to inform the defense of a letter he'd written to the parole board on behalf of a witness in the Taylor case after the first trial in August, which ended in a mistrial after jurors deadlocked on a split vote, according to Greg Cagle, an attorney with the Texas Municipal Police Association representing Taylor.
The witness was serving a prison sentence for burglary at the time of his testimony in August but had been released before the second trial, which began Monday.
"I had forgotten about doing it," Dean told The Lufkin Daily News Wednesday.
"I don't think it was improper. I've known (the witness) all his life," Dean said.
Dean, a former judge, said he'd written many letters on behalf of convicts over the years. The witness, in and out of prison for probation violations and a charge that was later dismissed, had been in prison longer than most for a burglary crime, Dean said.
"I don't think he got out a day earlier by me writing the letter," Dean said.
Cagle learned of the letter and filed for a mistrial Tuesday afternoon. Pre-trial agreements, common in most trials, require prosecution and defense to share information which could affect the outcome of the case.
Cases involving members of law enforcement are prosecuted very aggressively, Cagle said. The cases are hard to defend and prosecute, but everybody involved has a duty to follow the rules, he said.
"These (cases) are really hardball," Cagle said.
Whether Dean will be able to retry a case against a defendant involving improper conduct by the prosecution would be decided by a judge, should Dean file for a new trial, Hoffman said.