FIRST A WARNING TO THE ANTI-SAENZ IDIOTS
I am not here to help you unethical lawyers to move up the chain of corruption in Cameron County. If you have proof of corruption by Saenz, go public and protect your client, and do not bring it to me.
When time permits, I am investigating some of the claims, but not with the intent to use it against Saenz. My intent if need be is to use it against the lawyers trying to get me to take down Saenz. If you choose to stay in the shadows while I do the work, you will learn in due time, you will be on the receiving end of my reporting, and not in a good way.
THE CASE OF MARY TIPTON WHICH WILL BE USED IN REMOVAL OF SAENZ, WHO PLAYED ALONG WITH VISITING JUDGE BANALES TO ENSURE THE DEFENDANT WALKED
This case is tragic at so many levels, but mostly because Mary Tipton, the woman killed did not get justice. The truth is justice, even if the criminal defendant walks, so long as on the truth Mary Tipton would have received justice.
Marisa Hernandez was charged with "failure to render aid"
Based on the criminal charge, I believe the case could have gone either way had Judge Banales not tainted the jury deliberations with the spoliation instruction. This basically allowed the jury to infer the missing evidence was in the criminal defendant's favor. But there was no missing evidence.
The missing evidence was Marisa Hernandez along with family searching the area where she thought she hit someone or something. The tape was changed, edited, who knows the truth, allegedly by the investigating detective. It showed Mary Tipton being hit, but then the part of the video showing the search was gone.
HOW SPOLIATION WORKS
Clearly in a case of failure to render aid, a video of the defendant and the family searching for a possible person who may have been it, is more than enough for a not-guilty verdict. This is why I say without Judge Banales playing free and lose with the law, Marisa Hernandez still could have been found not guilty.
You see, all of the people in the field with flashlights looking for a possible victim were allowed to testify that they went out to the field to see if they could find someone so they could render aid. That testimony if properly presented should have been enough for a not guilty. Although the possible negative is how long it took to do the search. A jury could have believed because it was dark and raining, Marisa Hernandez needed time to find help.
The jury could have gone either way.
BUT THAT IS NOT WHAT HAPPENED
There was no basis in law for Judge Banales to issue the spoliation instruction. All of the evidence which was on the missing part of the tape got in as live testimony, which is always better than a video take.
The only damage I saw for the defendant was the time lapse between the hit and search. Given it was dark and raining the jury could have found that was cause for the delay. But the impermissible spoliation instruction was all but Judge Banales telling the jury to find the defendant not guilty.
Saenz's office could have filed a mandamus to stop the spoliation instruction. A day or two of delay would have allowed the court of appeals to rule on the matter. I have done the research and his is the proper procedure. In re State ex rel. Weeks,
Again, the issue of justice is not the result, but how you get there. The defendant could have been found not guilty without the spoliation instruction and then the case would have been clean. But Saenz let it pass, and Mary Tipton was denied justice.
This along with other cases involving Banales will be cited in the Petition to Remove Saenz. This is how Mary Tipton will receive justice.
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