YFZ Trial Update Keate Trial Notes

The Eldorado Success

10:45 p.m. Monday, December 7, 2009 Judge denies motion to quash YFZ indictments Judge Barbara Walther moments ago denied the defense motion to quash the grand jury indictments of 10 YFZ defendants after hearing from retired Texas A&M mathematics professor Dr. Williams Smith concerning the the statistical breakdown of anglo and latino populations in Schleicher County. Smith was called as an expert witness by the prosecution. Smith's testimony differed from that of defense expert Robert R. Brischetto of San Antonio. Ultimately the difference in the men's interpretation of the statistics boiled down to comparing registered voters to qualified voters who were not registered. Judge Walther's ruling leaves standing the conviction of Raymond Merril Jessop on a felony charge of Sexual Assault of a Child and paves the way for the trial of Allan Eugene Keate on a similar charge. Jury selection in the Keate trial is slated to begin at 10 a.m. Tuesday morning in the makeshift courtroom inside the Schleicher County Memorial Building. 7:40 p.m. Monday, December 7, 2009 Court recesses for dinner break Defense attorney Gerald Goldstein and prosecutor Eric Nichols spent most of the day interviewing Robert R. Brischetto of San Antonio, an expert witness called by the defense, and County Clerk Peggy Williams. The two sides argued for hours over the interpretation of statistics and the ethnicity of specific grand jurors or potential jurors and alternates. Goldstein asked Williams to go over a list of people considered for grand jury duty and quizzed her as to why specific people were not chose. The list dated back to 2000. In most cases Ms. Williams said she could not recall why individuals were not selected for grand jury duty but did note that on one occasion an Hispanic was dismissed because she had a criminal conviction. Defense attorney Gerald Goldstein also wanted to know why specific individuals were chosen as grand jurors and others were named as alternates. A 30 minute dinner recess was called. 3:00 p.m. Monday, December 7, 2009 Judge Walther remains on the bench Judge Barbara Walther told defense attorneys that she referred their motion to disqualify her to Judge Dean Rucker, who serves as the Presiding Judge over the Seventh Judicial District of Texas. She said that Judge Rucker notified her this morning that he would not appoint another judge to hear the motion to quash the grand jury indictments of 10 YFZ defendants. Judge Walther then told the courtroom that she would not be a witness for the defense or prosecution and she began the hearing on the motion to quash. The defense is asking that the indictments be quashed, alleging that the grand jury did not include enough Hispanic members. Robert R. Brischetto of San Antonio was called as an expert witness by the defense. He testified concerning Anglo and Hispanic representation on grand juries in Schleicher County for the past 20 years. A 30 minute recess was called. 2:30 p.m. Monday, December 7, 2009 Judge Walther on stand to hear motion to quash indictments Judge Barbara Walther was on the stand this afternoon hearing arguments on a defense motion to quash the indictments of 10 YFZ defendants. There is no word from our courtroom reporter what transpired with the motion to disqualify the judge, but apparently the motion was either withdrawn or rejected since she is still on the bench. The defense is asking that the indictments be quashed, alleging that the grand jury did not include enough Hispanic members. Prosecution expert Robert R. Brischetto of San Antonio was on the stand moments ago, testifying about Anglo and Hispanic representation and voting patterns in Schleicher County. Additional updates will be posted as they become available. Updates will also be emailed directly to our E-Delivery subscribers.

myeldorado.net Originally published Monday, December 7, 2009

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