Back in 2005 Yolanda Jean Madden was found guilty by Judge Robert A. Junell in a trial without jury in the U.S. Court, Western District in Midland, Texas, of possession with intent to distribute methamphetamine too close to a school. She appealed the order to the 5th Circuit and lost. But with the help of a very determined father, Raymond Madden, she was awarded a new trial by the same judge at a hearing that took place on 12/18/09, exactly one week before Christmas. (Here's an Odessa American news report. And here's a video featuring a post hearing interview with Ms. Madden.)
Ms. Madden had raised several points in her motion for a new trial, but only one survived the Judge's scrutiny, and that one issue was so strong that the Judge vacated the 2005 ruling and ordered a new trial. Apparently Odessa Police Department Detective Greg Travland testified that he was present at a confession by Ms. Madden. However, there was a "whited-out login sheet" that Ms. Madden contends shows that Detective Travland was at the Ector County jail across town at the time the confession was alleged to have been made. The log in sheet was not made available by the prosecution to the defense prior in the original trial in 2005 even though it could possibly have been used to impeach prosecution testimony. Therefore, Judge Junell granted a new trial and set jury selection on 2/1/10. [Update: New trial date May 3, 2010.]
You can buy a copy of the Order at Pacer, or you can download it free right here. Download Yolanda Madden order12-18-09.
I believe the documentary evidence in question is in Exhibit C to one of Ms. Madden's motions. It's hard to tell what they prove without a time line, but you can look at them yourself and make your own determination. Download Exhibit C.
So is Ms. Madden guilty or innocent? That's for a jury to decide. If she is found guilty in the new trial then she will be sentenced again. However, if the police fabricated evidence as she has alleged, then that is a very serious problem. Regardless of what one thinks about the war on drugs, everyone expects fairness and propriety in the criminal justice system. There are no winners in the war on drugs anyway, only losers. If people begin to suspect the police and prosecutors are not playing fair then that throws a whole new complication into the mix, and we all suffer for it.
Previously about the Madden case in chronological order, oldest on top:
Odessa Cops Stung;
USA vs Yolanda Jean Madden;
A 2nd Look at that Fake Grow House Sting On Odessa Cops;
Odessa American shielding commenters from police.
GANGSTER GRANNY SAYS A BIG HI YA'LL. WAY TO GO RAYMOND LOVE TO YOLANDA
Posted by: Sandy Jones | February 02, 2010 at 10:02 PM
What do you make of this report? http://www.kwes.com/global/story.asp?s=12086421
Posted by: DRJ | March 04, 2010 at 05:33 PM