This was a member of the Scimitar gang. There is support of the Cossacks. Of course, he knows nothing and saw nothing.
It makes perfect sense too, on brief reflection.
MOST of the time, a person arrested is arrested with probable cause. That person exposes his defense strategy at an examining trial, so typically skips the examining trial.
A person arrested WITHOUT probable cause is usually released quick enough to not justify further legal action.
Arrest WITHOUT probable cause, and with extended jail time, are exceptional, maybe unprecedented. The legal history for this sort of event is apt to be sparse or flat out non-existent.
The evidence is what it is. The courts are going to have to deal with it, to the extent the parties are willing to push it.
I wonder if Texas procedure allows for an appeal from Examining trial. I believe it does, as a matter of principle, because the ONLY issues at examining trials are matters of law. The question is, is the allegation sufficient?
Judge Carroll said examining trials are governed by the Rules of Civil Procedure.That's true for civil cases, but not for criminal cases. The Texas Code of Criminal Procedure also covers Examining Trials, and has it's own section numbering, which differs from the section numbering in Texas Civil Procedure.
Art. 2.11. EXAMINING COURT. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. ...CHAPTER 11. HABEAS CORPUS
Art. 11.56. EFFECT OF DISCHARGE BEFORE INDICTMENT. Where a person, before indictment found against him, has been discharged or held to bail on habeas corpus by order of a court or judge of competent jurisdiction, he shall not be again imprisoned or detained in custody on an accusation for the same offense, until after he shall have been indicted, unless surrendered by his bail. ...Art. 11.64. APPLICATION OF CHAPTER. This Chapter applies to all cases of habeas corpus for the enlargement of persons illegally held in custody or in any manner restrained in their personal liberty, for the admission of prisoners to bail, and for the discharge of prisoners before indictment upon a hearing of the testimony. Instead of a writ of habeas corpus in other cases heretofore used, a simple order shall be substituted. ...
CHAPTER 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED
Art. 16.01. EXAMINING TRIAL. When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel. In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code. The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case. If the accused has been transferred for criminal prosecution after a hearing under Section 54.02, Family Code, the accused may be granted an examining trial at the discretion of the court.