Posted on 04/11/2018 10:17:45 AM PDT by bgill
Authorities were contacted in October 2015 after one of the children, a 3-year-old girl, was hospitalized and tests determined that the child had gonorrhea. Subsequently, another child, a 1-year-old girl, also tested positive for the sexually transmitted disease. he trial opened Tuesday morning in the 187th state District Court and the state was presenting evidence when a witness testified that one of the girls said Vigil, now 25, had done “something” to her sister. That information was reported to a Bexar County prosecutor who is no longer on the case, but it never was relayed to the defense, which is standard law practice. Defense attorney David Woodard immediately asked Judge Joey Contreras for a mistrial for an “unfair surprise” and a discovery violation because the information had not been shared. He added that had he known the information beforehand, he would have planned his defense strategy differently.
(Excerpt) Read more at mysanantonio.com ...
The guy should have been hung by his infected member until it dropped off.
Ewwww. String him up!
Must have used the “tractor defense.”
I’d like to see this dirtbag run over by a few tractors.
He will get his day in court. Meanwhile, the defense attorney is doing his job. The prosecution needs to get its act together. Failing to disclose information to the defense is a really stupid mistake.
...The guy should have been hung by his infected member until it dropped off...
Yes, but in general how do you feel about trial by ambush? It is the kind of tactic a Rosenstein DOJ would love.
Exactly.
No, that would be too kind to the devil. Hanged by the neck until the buzzards have had all they want, then bury him deep in a moist pine forest so the insects can finish it.
I agree. If the prosecution ends up losing at trial because of this then it is on him/her/them.
The outcome could have been far worse. They could have obtained a conviction, which would almost certainly have been overturned on appeal due either to prosecutorial misconduct or to incompetent representation of the defendant. The retrial, years later, would have been an expensive mess. As is, they get a quick and relatively cheap reset and try again. If they really do have the right guy, he’ll be convicted ... and I’ll have no problem with him being given the maximum sentence allowable by law. Which is certain to be less than he deserves.
The reason for the mistrial is that, as Texas case law says, “There is no trial by ambush in Texas.” Also, CCP 2.21 says that the job of the prosecutor is not to convict, but to ensure justice is done.
Stupidity or ambitious arrogance by the prosecutor, wanting a notch in his belt for promotion/election as DA. Having been a prosecutor, that’s something that requires constant vigilance.
Give him “Prince Vlad”, “The Impaler” Justice!
That's the way we used to do it in the good old days. The current system is one of the reasons that the middle class can't afford legal representation.
Only the rich and the poor can afford justice these days.
Yep! Or possibly the somewhat similar King Edward.
Good post.
A corrupt prosecutor is a greater danger to society than that scum bag. At least it was a mistrial and perhaps justice will prevail.
The prosecution is suppose to hand over such information. If they do not then another one of the underpinning of our legal system falls and frankly they are going down like nine pins as it is.
There will be another trial and they can usually prove by DNA evidence what strain this man has and what strain the children have. This should lead to a conviction.
If the prosecution has done it's job.
I would not count on it though.
the war on men and boys continues...I wish those little girls would have left this poor man alone...
Hey! You listening to liberals again?
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