The Long Road to Death Row and Back to Freedom: The Manuel Velez Story f Presentation to Dallas Bar Association / Appellate Law Section January 15, 2015 Lyndon Bittle and Neil Burger
Civil Litigators Challenging a Capital Murder Conviction? American Bar Association Death Penalty Representation Project 2
October 31, 2005 2 adults, 4 children; 2 bedroom house Manuel discovers Angel choking Alerts Acela, goes next door to call 911 Angel rushed to hospital, revived Dies November 2 3
The Investigation Immediate focus on Manuel Ask Acela: What did he do? Ask Manuel: What did you do? Video her interrogation, not his Two Statements, same date/time No forensic investigation at the house Shaken baby theory 4
The Trial October 2008 Special Prosecutor (now DA) Luis Saenz Judge Abel Limas Defendant Manuel Velez 5
The Trial October 2008 The State s Theory Blunt-force Trauma 2-week Timeline The Defense Acela did it. No Medical Evidence No further questions. Manuel Convicted, Sentenced to Death 6
Post-judgment: Two Parallel Tracks Direct Appeal (ACLU) Limited to Record Habeas Corpus (CCSB & RJL) Search for Missing Record Performance Standards: ABA Guidelines (2003) Texas Bar Guidelines and Standards (2006) 7
Habeas Review Typical Claims: Ineffective Assistance of Counsel Prosecutorial Misconduct Standard of investigation Claims and investigation go to both guilt/innocence and punishment/mitigation 8
What We Investigated Trial Counsel Jurors Angel s Mother Client Records & Interviews Community/ Education/ Poverty/Abuse The State of Texas Judge/D.A./ Police Medical Evidence Pediatric records Records on injuries/cause of death 9
Doctor RJ&L Doctor Doctor Doctor Employer Deposition CCS&B Texas CCA Death Row Family Court/Family 10
So many records...
Affidavit of pediatric forensic pathologist CT Scan of Angel s head Medical records... Slides of tissue of the skull fractures 12
Key Questions About Angel s Injuries When were the injuries inflicted? How did Angel die? 13
The Older Head Injuries The Chronic Subdural Hematoma The Skull Fractures Were these injuries more than two weeks old? 14
The Tipping Point Meeting Dr. Brown Jan. 2006 Report: Organizing subdural hematoma;... well-developed membrane, dense connective tissue.... Means: chronic; 2 weeks to 6 months No one asked him the age of the injury. Dec. 2011: 18 to 36 days 15
The Pediatric Records Even Older Injuries? 16
WE LEARNED THREE THINGS: 1. Angel s more severe injuries occurred while Manuel was in Tennessee. 2. Angel likely suffered severe head trauma even earlier, before Manuel met Angel s mother. 3. The older injuries made Angel susceptible to death from relatively minor trauma. 17
We became convinced Manuel did not cause the injuries that killed Angel. 18
What We Learned About the Mother s Abuse of Her Kids She abused her other children She had been abused by Angel s father She abused Angel Pled to striking Angel in the head on October 31, 2005 Acela s Plea The Indictment Acela Moreno... on or about the 31st day of October, 2005... did then and there intentionally or knowingly cause serious bodily injury to Angel Moreno, a child of 14 years of age or younger, by striking Angel Moreno on or about the victim's head.... 19
The Side Show Judge Limas pled guilty to corruption => 6 year federal sentence 20
The Side Show D.A. Villalobos convicted of corruption => 13 year federal sentence 21
The Side Show Luis Saenz... pervasive course of misconduct... egregious unethical conduct Saenz met with Manuel s sister, then was appointed special prosecutor False testimony by Acela and State s expert 22
The Side Show Defense counsel Villareal died 23
The Habeas Application January 2012 Drafted by both firms over 16- month period Filed with the convicting court 360 pages 134 exhibits 10 affidavits of medical experts 1 affidavit by handwriting expert 1 affidavit by standard of care expert 28 affidavits of fact witnesses 5 juror declarations 24
Direct Appeal June 2012 CCA Affirmed Murder Conviction Circumstantial evidence sufficient Prosecutor s contacts not conflict of interest Errors not harmful CCA Reversed Death Penalty False Testimony by State s Expert Remanded for New Trial on Punishment 25
The Habeas Hearing December 2012 5-day hearing Before new trial judge 6 live medical experts 3 medical experts via deposition 4 lay witnesses Client s trial counsel 150 exhibits admitted 26
Events Leading to Angel s Death 27
The Habeas Hearing State s Arguments Med. Records Unreliable Autopsy Pictures Show Abuse Trial Defense OK for Cameron County Annotated Findings and Conclusions January 2013 28
The Trial Court s Order April 2013 63-page Findings, Conclusions, Order Found Trial Counsel Ineffective Recommended New Trial Some highlights... 29
Every pathologist who testified at the habeas hearing, including Dr. Farley, stated that the older injuries to the child were more than 14 days old. (Order at 55, para. 16) 30
The evidence conclusively negates the State s theory that Angel was a healthy, uninjured baby on October 18, 2005, and the State s theory that all of his head injuries were inflicted in the last two weeks of his life. (Order at 42, para. 149) 31
A life in Cameron County is worth just the same as a life in other parts of the United States of America. (Order at 54, para. 14) 32
October 2013 CA Accepted New Trial Recommendation Confirmed Trial Counsel Ineffective Vacated Conviction 33
Back to Brownsville Retrial set for November 2014 Would be led by two local attorneys and an ACLU attorney Supported by Habeas Team DA dropped Death Penalty demand May 2014 34
Plea Agreement August 2014 DA Offered Plea to Reckless Injury 15-year Sentence Credit for Time Served Manuel Pled No Contest Immediately Eligible for Parole 35
Waiting for Release 36
Released from Huntsville Oct. 8, 2014 37
Manuel Tells His Story 38
The World Learns... 39
Manuel With His Family 40
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READY FOR YOUR OWN CASE? See Handout for Contacts and Resources 42