Wow! This is a pretty big deal. I am surprised that there is no coverage of this in any Austin news forums. If this is true, then this prosecutor may be in some serious hot water. As for the judge, way to handle the situation: “I’m outta here”.
From the San Marcos Mercury
http://www.sanmarcosmercury.com/archives/8105
Assistant district attorney says prosecutor, detective lied in steroids case
Submitted by Brad Rollins on Tuesday, 28 April 200919 Comments
by BRAD ROLLINS
Managing Editor
A Hays County assistant district attorney testified today that one of her fellow prosecutors and a San Marcos police detective lied about the source of a tip that led to a man’s arrest on drug charges.
Attorneys for Shawn Nathan Shipman, 29, are seeking a new trial on two state jail felony steroid possession charges to which Shipman pled guilty last month on the eve of his jury trial. He has been in the Hays County jail since his arrest in October 2007.
Assistant District Attorney Lynn Peach said in a hearing today that she began to suspect that San Marcos police Det. Laray Taylor, a Hays County Narcotics Taskforce officer, and assistant district attorney Chris Johnson did not disclose in a search warrant affidavit and in testimony that Shipman fell under suspicion as part of a deal struck with a confidential informant. She further alleged that they “artfully crafted” testimony to skirt questions about the source.
“I thought, ‘Holy smokes, he’s lying,’” Peach said of Johnson in response to questions from Shipman’s attorney, David Watts.
After the testimony, 207th state District Judge Jack Robison recused himself, saying, “I’m outta here.”
“It’s clear to me the type of information we’ve heard today may result in possible legal charges against an officer of this court. I’m not going to sit as a judge in that kind of case,” said Robison. He said he would refer the case to B.B. Schraub, the presiding judge of the Third Administrative Judicial Region which includes Hays County, who could appoint a visiting judge.
Cut off by Robison’s recusal from cross examining one of her colleagues, assistant district attorney Cathy Compton said, “All this witness has offered so far is her own opinion.”
San Marcos Police Chief Howard E. Williams said all he knew about the accusations were “rumors coming out of the DA’s office.”
He said, “I haven’t heard any accusations, haven’t heard any evidence. I’m not even exactly sure what they’re talking about. I would think if someone is going to accuse one of my officers of wrongdoing I would hope they would at least have the respect to bring it to me so I could deal with it.”
Peach was assigned to assist Johnson in the prosecution of Shipman when she joined the district attorney’s office in February. She was previously a prosecutor since 1994 in Taylor County, which includes Abilene, she testified.
She said she felt obligated to inform Watts of her suspicions and thereafter met with District Attorney Sherri Tibbe and First Assistant District Attorney Fred Weber about her accusations.
Read the Mercury tomorrow for more information.
DISCLOSURE: David Watts represented me against a Class C misdemeanor charge that the city of San Marcos dropped in 2007.
UPDATE 4:41 p.m. | District Attorney Sherri Tibbe released the following statement: “The guiding principal of this office is to ensure that justice is administered in a fair and ethical manner. We have investigated the allegations made by Ms. Peach and feel strongly that the law and the facts show no misconduct in the prosecution of this case. Our office and our prosecutors are held to the highest ethical standard. We are confident that, at the conclusion of this hearing, the Court will agree that there was no misconduct.”
CORRECTION: This article originally quoted Robison as saying, “I’m outta here.” The official court reporter disputes that he said this. It has been removed from the body of the article until the issue is resolved. UPDATE ON CORRECTION 4:36 p.m.: Upon reviewing her transcript, the court reporter says the Robison quote in question is correct: “I can’t take any other action in the case. I am out of here. I will get a on the phone with Judge Schraub…”