Judge's order good news for defense
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Lawyers for Police Lt. Ralph Buentello and former city attorney David Smith said getting a new prosecutor will likely help their cases.
"I think a reasonable prosecutor could look at this and dismiss it," said Randy Schaffer, who represents Smith.
Smith and Buentello are charged with aggravated perjury. They're accused of lying to a grand jury that indicted Michael Ratcliff on charges he sexually assaulted a teenage boy while sheriff.
Judge Stephen Williams told District Attorney Stephen Tyler he would no longer be allowed to prosecute either case on Thursday.
"This court finds that to allow Mr. Tyler to continue to prosecute these cases as district attorney would violate the due process rights of the defendants." Williams wrote in his order. "As set out in the motion these cases involve a political dispute and deep-seated personality conflicts between city officials and the district attorney."
Even if the new lawyer decides to prosecute, that person will be more objective than Tyler, said Scot Courtney, who represents Buentello.
"He's a named victim," Courtney said of Tyler. "He's named himself as a victim."
Tyler pursued these cases because of personal grudges, Schaffer said.
Tyler said Williams cannot force him off the case. He plans to appeal.
"The more he fights to stay on the case, the more it looks like a personal vendetta," Schaffer said.
If Williams' decision isn't overturned, he will appoint an attorney pro tem to try the case.
"I think it's excellent that's been granted," Smith said. "I think this is a personal vendetta by Tyler. It has no substance to it and never has had substance."
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The problem in Victoria is we have the "good old boy syndrome". Whenever our city officials gets caught, the case lingers on and then for a technical or missing a time line, they get off. Because nothing will become of this but a dismissal, quit wasting our tax dollars. Our local officials are never held accountable for their actions.
November 29, 2009 at 10:52 a.m.Citizens of Victoria should question, who are we more afraid of, the local gang bangers or our local officials?
LussMo: Are you friggin' serious with your lame comment???? You are skipping along, hand-in-hand, with Tyler and Hagan entertaining the same delusional conspiracy.
Finally, however, it is recognized as the twisted works of an attempt at "having his cake, and eating it too". Just that the cake blew up in his face!!
This is by Tyler's own works of wanting to play victim AND hangman.
May 1, 2009 at 7:52 a.m.Poor,Poor good old boy's, the cry babies get their way again,you'll never win cause all involved cover themselves with the same old stinky blanket. Anybody that has lived in this town long enough know who punches the buttons to get things to go the way they want it. It's a dang shame but thats our crooks at work and we allow it. I wish everyone one of them was voted out..they don't deserve to represent this town.We need more responsible people like Mr. Hagan on the council, maybe that's why so many other canidates are running, hope they win and get the lame ducks out...as for Mr. Tyler, you go Matt Dillion, run the rustlers out of Dodge....Oh, by the way, the fat cats will still laugh regardless, but remember the dirt ya'll sweep under the carpet will soon come out to bite you in your buttocks.......
May 1, 2009 at 7:29 a.m.