Wednesday, July 8, 2009

Judge rules that videos of Texas institution's "fight club" won't be used as evidence

From KRIS-TV in Corpus Christi, Texas:

CORPUS CHRISTI, Texas -- A judge ruled that she will not allow video recordings of the so-called state school fight clubs to be used as evidence in the trial of former employee Timothy Dixon (pictured).

Dixon is charged with injury to a disabled and while the prosecution said it still has a case, they admit it's weaker now that the cell phone video won't be allowed in court.

The prosecution wasn't pleased with the ruling and they're in the process of filing an appeal on the matter.

Until that's over, Dixon's case is on hold and attorney's for the other suspects have the right to file motions that video not be used in their clients trials either.

While former state school employee, Dixon, will go to trial for his alleged involvement in staged fights at the Corpus Christi State School, cell phone images of those fights will not be allowed.

"Video tape is the best possible evidence. People's memories may fade a little bit. They may not remember details, but what happened on the tape is the best way of knowing what happened at the state school," Nueces County Prosecutor Douglas Mann said.

Dixon's defense argued that video from his cell phone couldn't be used as evidence because his phone was stolen and illegally searched by a police officer.

The prosecution argued that Dixon gave up his right to privacy when he left his phone in a public place. After testimony from both sides, Judge Sandra Watts ultimately ruled in favor of the defense Tuesday saying, "There is nothing to support the prosecution's claim that the phone was abandoned."

"I wouldn't say we have no case left without the videos, it's simply that the best evidence of what transpired a year and a half ago is going to be evidence taken at the time," Mann said.

Currently, Dixon's trial has been postponed until the prosecution has time to gather evidence for its appeal.

"I would say even if we lose the appeal, with the testimony we expect to obtain from other individuals from the state school, particularly," Mann said.

The prosecution said Judge Watts's ruling could open up the possibility for lawyers representing the other defendants to fight the video evidence, as well.

"They certainly have a right to file those motions, but the court in her ruling, specified yesterday that only this defendant has standing to complain, he was the one who's property was taken by someone who found his cell phone," Mann said.

For now, Judge Watts' ruling only affects the Dixon case. Judge Watts said she knows her ruling was not a popular one. She also said this definitely changes things for the prosecution, which was relying on the video evidence, and because of that, she has granted them time to appeal her decision.

Prosecutor Doug Mann said it could be a matter of days. So, more information may be available late this week or early next week.

The other defendants' trials are coming up who were also charged with injury to a disabled person in the fight club case.

State school defendants Jesse Salazar and Vincent Johnson are scheduled to be in court on July 27. Guadalupe De La Rosa's trial is scheduled for Aug. 3. D' Angelo Riley, who pled guilty Monday, will have a sentencing hearing this Thursday.

Stephanie Garza, who was accused of failing to stop the fights, was granted immunity by Judge Watts July 6.