"Article 38.23 prohibits the admission of evidence obtained by an officer in violation of Texas law. Code Crim. Proc. Ann. art. 38.23. The law the majority and the court of appeals have deemed violated reads, “A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he ․ makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.” Penal Code Ann. § 37.09."Ronald WILSON, Appellant v. The STATE of Texas, decided March 3, 2010
By Juan Montoya
On January 21, 2006, San Antonio police officer found the Amos Gutierrez dead from a single gunshot to the head. A magazine clip was found nearby.
A tipster told them Ronald Wilson had killed Gutierrez and police brought him in on unrelated charges for questioning. Wilson denied having shot Gutierrez. A police officer then fabricated a fingerprint forensic report record on his computer stating that the defendant's fingerprints were found on the magazine clip and confronted him.
Faced with that fabricated evidence, Wilson confessed.
The facts may be different, but the attorneys for indicted Cameron County Tax Assessor-Collector Tony Yzaguirre say that the fact that Department of Public Safety officer who testified during pre-trial hearings that he had fabricated false titles for cars that he later tried to have register at the tax office was engaging in the same illegal conduct which led to the reversal of Wilson's conviction and freed him of a 28-year sentence.
The Court of Criminal Appeals ruled that any evidence – including Wilson's confession – obtained by police using forged or fabricated state documents was inadmissible and violated several statutes of the Texas Penal Code. Wilson's confession was reversed.
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During the hearing Friday, Yzaguirre's attorney Eddie Lucio (no relation to Sen. Eddie Lucio) asked visiting judge Manuel Bañales to dismiss all the charges against Yzaguirre obtained through the use of the doctored car registration applications the DPS officer submitted to the tax office. That would include the majority related to the 11 counts of abuse of official capacity, 10 counts of bribery, one count of engaging in organized criminal activity and one count of official oppression.
They further listed other acts which included forging the names of other people on the titles and passing them off as legitimate owners so they could register them with the county tax office.
"When they were rejected, he testified he went back and got legitimate names and registration numbers and then they passed," Lucio said. "That is tampering with a government document and should be thrown out. The code is very specific when it says you cannot violate the law to move the process along."
The Texas Court of Criminal Appeals Court in the Wilson case upheld the decision by the San Antonio Court of Appeals, which held that (1) the interrogating officer violated the law by fabricating a forensic report falsely stating that appellant's fingerprints were found on the magazine clip of the murder weapon; and (2) the trial judge erred in denying appellant's motion to suppress.
Asst. DA Peter Gilman and the prosecution team contended that the falsified state applications used by the DPS officer were not government documents and therefore, excluded from the definition in Wilson. Bañales denied the defense motion and ordered the trial to proceed.
Yzaguirre was reelected to office in November, a few weeks after he was indicted. He garnered 75 percent of the 65,911 votes cast in that race (49,777). Two write-in candidates only got 16,134 votes, or 24.48 percent.
He was recently sworn in and signed his officeholder's bond to take office. He has been prohibited by the court to appear in his office or to perform any official duties until the conclusion of his trial. However, even if convicted, he can remain in office until his appeal is heard by the courts.
To read the Wilson vs. Texas Criminal Court of Appeals decision, click on link below:
http://caselaw.findlaw.com/tx-court-of-criminal-appeals/1509726.html
By Juan Montoya
On January 21, 2006, San Antonio police officer found the Amos Gutierrez dead from a single gunshot to the head. A magazine clip was found nearby.
A tipster told them Ronald Wilson had killed Gutierrez and police brought him in on unrelated charges for questioning. Wilson denied having shot Gutierrez. A police officer then fabricated a fingerprint forensic report record on his computer stating that the defendant's fingerprints were found on the magazine clip and confronted him.
Faced with that fabricated evidence, Wilson confessed.
The facts may be different, but the attorneys for indicted Cameron County Tax Assessor-Collector Tony Yzaguirre say that the fact that Department of Public Safety officer who testified during pre-trial hearings that he had fabricated false titles for cars that he later tried to have register at the tax office was engaging in the same illegal conduct which led to the reversal of Wilson's conviction and freed him of a 28-year sentence.
The Court of Criminal Appeals ruled that any evidence – including Wilson's confession – obtained by police using forged or fabricated state documents was inadmissible and violated several statutes of the Texas Penal Code. Wilson's confession was reversed.
During the hearing Friday, Yzaguirre's attorney Eddie Lucio (no relation to Sen. Eddie Lucio) asked visiting judge Manuel Bañales to dismiss all the charges against Yzaguirre obtained through the use of the doctored car registration applications the DPS officer submitted to the tax office. That would include the majority related to the 11 counts of abuse of official capacity, 10 counts of bribery, one count of engaging in organized criminal activity and one count of official oppression.They further listed other acts which included forging the names of other people on the titles and passing them off as legitimate owners so they could register them with the county tax office.
"When they were rejected, he testified he went back and got legitimate names and registration numbers and then they passed," Lucio said. "That is tampering with a government document and should be thrown out. The code is very specific when it says you cannot violate the law to move the process along."
The Texas Court of Criminal Appeals Court in the Wilson case upheld the decision by the San Antonio Court of Appeals, which held that (1) the interrogating officer violated the law by fabricating a forensic report falsely stating that appellant's fingerprints were found on the magazine clip of the murder weapon; and (2) the trial judge erred in denying appellant's motion to suppress.
Asst. DA Peter Gilman and the prosecution team contended that the falsified state applications used by the DPS officer were not government documents and therefore, excluded from the definition in Wilson. Bañales denied the defense motion and ordered the trial to proceed.
Yzaguirre was reelected to office in November, a few weeks after he was indicted. He garnered 75 percent of the 65,911 votes cast in that race (49,777). Two write-in candidates only got 16,134 votes, or 24.48 percent.
He was recently sworn in and signed his officeholder's bond to take office. He has been prohibited by the court to appear in his office or to perform any official duties until the conclusion of his trial. However, even if convicted, he can remain in office until his appeal is heard by the courts.
To read the Wilson vs. Texas Criminal Court of Appeals decision, click on link below:
http://caselaw.findlaw.com/tx-court-of-criminal-appeals/1509726.html