Said & Done



John Boundy obtained a not guilty verdict on a sexual assault case in Nacogdoches County. His client had been involved romantically with the complaining witness and she had a child she claimed was his. Boundy’s investigation revealed phone records that contradicted the complaining witnesses’ claims. There was no forensic evidence of sexual assault. The two-word verdict was returned in less than an hour. Congratulations, John!

John Young won a murder case in Gaines County. His client had confronted his uncle about the uncle’s repeated sexual advances toward his client’s fiancé and his mother. After “spanking” the uncle at his home and at a tank battery, John’s client put his uncle to bed. When he went to apologize the next morning, the defendant found the uncle dead. John argued that the uncle’s .29 blood alcohol and four times the prescribed amount of muscle relaxers indicated that there was an intervening cause for the uncle’s death. Good work in a challenging venue.

Congratulations to R. Scott Walker on his not guilty verdict in CDC1, Tarrant County. He pursued his objection to late-disclosed evidence and testimony derived from or refreshed by the new evidence, until Judge Wilson agreed and excluded.

David Sergi’s client, Chris Thurlkil, was acquitted of injury to a child in Hays County. He represented the step-father of the purportedly injured child. The child and two sib­lings left mom and step-dad’s home to move in with their father. The child was observed as he left the house without injuries and not upset or crying. Evidence was developed that natural dad’s parents wanted custody of the children. The State filed the child’s medical records with a business affidavit, and Sergi countered with objections based on Crawford. The court sustained Sergi’s objections and the jury acquitted in four hours. Sergi was assisted by the excellent investigative work of Mike Horton. Congratulations to David, Mike, and their client.

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