This trial has been postponed so many times it makes the head spin. The original Grand Jury indictment was in late 2005, and it accused Robert Marshall Pickard and Leslie Neal Griffen of igniting a combustible material with the intent to damage or destroy a habitation owned by Mr. Pickard at 5000 Heather Rd., Midland, Texas. Here's the local news report from back then. The charges against Ms. Griffen were later dismissed.
Mr. Pickard was originally represented by C. H. (Hal) Brockett and David G. Rogers.
So far the most interesting development of the case was the motion filed on behalf of Mr. Marshall by Mr. Rogers, on 12/05/05. The "Motion to Restrict Publicity" sought a restriction on news media from taking photos of the defendant in the courthouse or at anytime while he was transported to the courtroom. And it sought to restrict news media from reporting in detail the evidence obtained during pretrial hearings. And the motion requested a court order that no person, police officer, witness, court participant or counsel comment to the media on any matter concerning the case during pretrial or trial.
At the March 14, 2006, hearing on that motion Judge Hyde pointed out that public trials are a not only a Constitutional right but are fundamental to a fair trail. Mr. Rogers replied by telling the court that shortly after the fire an individual on the prosecution's side of the case held a press conference divulging details about the case prejudicial to the defendant. The news report linked above probably resulted from that press conference. Anyway, the judge admonished the prosecutor pointing to Rule 3.07- Trial Publicity in the Texas Disciplinary Rules of Professional Conduct.
The trial is scheduled to start on January 14, 2008, In the 238th Judicial District Court, and if this case is as interesting as I think it will be you will be able to read about it on these pages.
Updated 1/14/08, 9:50 a.m.: Case continued. Wouldn't you know it? The case has been continued yet again. A state's witness had a medical emergency and wouldn't be able to attend, so Judge Hyde has set a hearing for this Thursday afternoon to set a new trial date. He said that once a new date is set then if that witness is unable to attend on that new date the case will go to trial anyway.
Updated. The trial finally started on 4/28/08. Click for daily trial summaries.
I've always enjoyed watching Judge Hyde at work ..... I've often recommended him to newbies in the newsroom when they had to cover a trial in his court ..... NOT for specifics on the case, as much as general background on the types of motions being made, procedures being followed, etc.
Posted by: Jeff | January 17, 2008 at 07:31 AM
The times I've seen him try a case he kept the trial moving with a minimal waste of time, and he treated all the parties fairly and with respect. We should be grateful we have him as a judge.
Posted by: Geo | January 17, 2008 at 10:52 AM
I'm surprised that the house still hasn't been demolished, after 2 1/2 years.
Posted by: Bert | February 21, 2008 at 11:24 PM