In Remembrance

Jennifer Rae Cave

Jennifer was born on this date in 1984. Today she should be celebrating her 25th birthday.

I will not mention the day that she died nor how she died. Unfortunately most of us are already all too familiar with these details.

I never had the good fortune of knowing Jennifer. To the extent that I can say so without sounding too cliche', I wish for those that did know her to remember her not for how she died, but for how she lived.

Despite everything that has transpired since Jennifer's passing, I have never lost sight of what this is really about. My endeavors have been a matter of principles and not for a disregard or lack of respect for the underlying substance.

My brush with a party to this case will come to pass, but until I draw my last breath, I will never forget March 12 and who and what it represents.

For all that loved Jennifer, I wish for your comfort. I also wish that you may forever endeavor to find peace and forgiveness in your hearts.

For Jennifer, I can only wish that you may forever rest in peace...





This post is dated 3/12/2009 so that it will remain above all other posts until that date.






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Austin Legal News: Jason Mack Acquitted; Attorney Sentenced

Interesting... This news came out today -- Colton Pitonyak's former roommate was acquitted of kidnapping and robbery charges.

Perhaps more interesting and certainly more relevant is the other legal news coming out of Austin tonight:
Disbarred attorney sentenced to 15 years in prison.

“It’s hard for me to think of a set of facts worse than this,” State District Judge Bob Perkins said during the sentencing hearing...

It isn't hard for me to think of a set of facts worse than that.
Former Dallas prosecutor Doug Mulder put an innocent man, Randall Adams on death row while letting the killer, David Harris go free because at the time, Harris was a juvenile and not eligible for the death penalty. Mulder boasted: "Anybody can convict a guilty man. It takes talent to convict an innocent man." Indeed, Mulder's talent is in high demand. Mulder is still licensed to practice law today, which he does-- as a criminal defense attorney.

Randall Adams was eventually freed from Death Row.

On September 1, 1985, Mark Mays died from multiple gunshot wounds at the age of 30. Mays was shot by David Harris. Mark Mays lost his life as a result of prosecutorial misconduct. It doesn't get much worse than that.

David Harris was executed on June 30, 2004.

...and so what does former prosecutor Doug Mulder do with his spare time these days?
He gives corporate gift donations to the district attorney's office that represents the state in proceedings against his clients.

Amicus Curiae Brief

My Amicus Curiae brief was submitted to the Third Court of Appeals today.

I've posted it online here.




There really isn't anything new to report other than the brief being submitted.

Oral arguments are scheduled for Tuesday, September 24, 2008.

I wish Laura well.

Happy Birthday Laura...

Today, Laura Ashley Hall turned 25. September 4 will mark the 1 year anniversary of her incarceration. Laura was originally held on a charge of "felony hindering apprehension". This charge was invalidated by the sworn testimony of lead homicide detective, Mark Gilchrest indicating that Laura was in Mexico when felony charges had been filed. The grand jury tactically took a swing at this case before Detective Gilchrest's affidavit was available. The grand jury found that Laura was in Austin, Texas at the time that felony charges were filed against Pitonyak. If this was an honest mistake or clerical error, the prosecutors could have corrected the error, but instead, they held Laura in jail and vigorously defended the indictment.

Vigorously defending a fraudulent indictment is a crime. The prosecutors argued that Teal v. State supported the indictment because the indictment included a signature and a charge. Teal v. State does offer that; however, Teal v. State is not boundless. Teal v. State does not permit a fraudulent indictment to stand. When the walls were crashing in on the Felony Hindering Apprehension charge, prosecutors threw together a case for "tampering with evidence".

The trial court lacked jurisdiction to hear the misdemeanor hindering apprehension charge and there was no evidence to support a charge for "tampering with evidence", so the prosecutors did what prosecutors ought not ever do: They presented a case for prosecutorial jury nullification.
The jury could find Laura guilty of misdemeanor hindering apprehension, but not felony tampering with evidence, so they did what prosecutors wanted them to do -- they found her not guilty of felony hindering apprehension (which was a logical impossibility) and found her guilty of tampering with evidence so that they could choose a sentence that they felt was commensurate with the crime of "hindering apprehension".

This is not how our courts are supposed to work.
Today it may be Laura Hall. Tomorrow it may be you.

Oral arguments before the Third Court of Appeals in the Laura Hall matter are scheduled for September 24....

The Rule of Law

Jami Floyd of CNN and TruTV (formerly CourtTV ) is the host of "In Session" and at the close of every episode, she concludes with a segment entitled "The Last Word".

In Jami Floyd's Last Word segment on the topic of "Law and Order", she articulates the merits of my position on the Laura Hall case more skillfully than I could ever hope to.

"[I]n our law and order culture being 'tough on crime' trumps the rule of law. So while you’re watching the [Laura Hall] case think about this: Do you want to live in an America based on laws or one based on the current political climate which can change with the wind? It may be [Laura Hall] on trial today. But it just may be you tomorrow. ...And that’s the Last Word."

The Texas Prosecutor

Reprinted from The Texas Prosecutor with permission of the Texas District and County Attorneys Association. Views expressed are solely those of the authors.

Curiously, this is the only place that one may find an actual copy this edition of Texas Prosecutor. The version that was previously posted to the TDCAA.com website has mysteriously vanished.

CBS 48 Hours feature tonight: (January 22) "In Too Deep"

The feature seems to focus more on Laura Hall than Colton Pitioniak. I was briefly interviewd for the piece, but I have no idea whether or not i was edited out. Stay turned and there will be more commentary shortly.

A preview is here.




Update: Apparently, this piece aired again on Saturday, June 21, 2008.

Update: (September 21, 2007) I can not find any links online for the various segments of "in too deep". Does anyone have them? The police video segment is below.