Recording of statements lost in assault case
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Crucial evidence in the Kelly Tillmon trial was lost, according to testimony Thursday.
Tillmon, 44, a former sheriff's deputy, is charged with assault family violence. He is charged with assaulting his estranged wife, Irene Tillmon, 49, in an incident in the Walmart parking lot in June.
Sgt. Melissa Rendon-Wasicek, an investigator with the Victoria County Sheriff's Office special crimes unit and internal compliance division, told jurors that she used a digital recorder to capture the wife's initial interview in which she claimed prior beatings by her husband.
However, Rendon-Wasicek, who has been with the department for five years, said the audio recording was not available as of Jan. 25.
"I never downloaded it. It was erased off my audio recorder," she said.
Rendon-Wasicek's conversation with the defendant and his girlfriend Brenda Garza, a sheriff's office jailer at the time, was also lost.
Defense attorney George J. Filley III asked why Rendon-Wasicek did not write down the wife's statement.
"I don't want to be scratching and scribbling when I'm talking to a victim," Rendon-Wasicek said.
Also Thursday, jurors heard from former Walmart employee Israel Carerra, 19, of Victoria.
Although Carerra witnessed the initial struggle between Garza and Irene Tillmon, he admitted he was having trouble remembering all the details of the day.
"It's kind of a blur because it was so long ago."
Carerra described what he did remember.
"The lady was on the floor. Me and Bryan (a co-worker) ran over to see what happened," he said.
Despite the hair pulling and yelling, Carerra said, he was able to separate them.
He said he told the group they had to leave.
Everyone went their separate ways afterward. The estranged wife, however, walked back to the car where her husband was sitting.
Carerra said the defendant then stepped out of the vehicle and "grabbed (Irene) by the shoulder and picked her up, then he pinned her up against the car."
He continued, "I just pulled him off of her so he wouldn't hit her again."
Additionally, Rendon-Wasicek confirmed Irene Tillmon did show physical signs of having been beaten.
"The female had a black eye and she was holding her arm," she said. "She kept whimpering and holding her side."
The trial will continue at 9 a.m. Friday in County Court-at-Law Judge Juan Velasquez III's courtroom.
Prosecutors are expected to present at least one more witness before the defense begins its case.
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Well He77, even if the wife did run into her husband at the WalMart parking lot on purpose, does that mean that her husband still has every right to assault her?
Assault is assault, whether you think the victim deserved it or not.
February 13, 2010 at 3:58 p.m.gmg1804
Everyone has skeletons in their closet, you included.
February 13, 2010 at 3:50 p.m.I don't know, I can guess tho, the SO was involved because the assault victim/suspect and girlfriend of the suspect where all at one time employed by the SO.
So the SOs internal compliance division was put in charge. I take it that the internal compliance division is what some LE departments call Internal Affairs.
February 13, 2010 at 3:33 p.m.Really.. Why didn't Mrs. Tillman go to the V.P.D?
February 13, 2010 at 3:07 p.m.I really don't believe that she just happen to run into her soon to be ex-husband and Garza by mistake at the walmart parking lot. I think she was looking for trouble and found it. What I have read they share no children together. The whole thing was about a TV that was going to get repossed, but I think she just couldn't get over the fact that their relationship finally ended. Remember those who are tuning in, there are three sides to this story & I am sure Mrs. Tillman has lots of skeletons in her closet. Stay tune... to more breaking news as the world turns.
What happened today? There is nothing about it anywhere that I can find. Did Filla get the tape?
February 12, 2010 at 7:07 p.m.Sounds like a screw up instead of a cover up to me. Oh but i'm not a one of the usual cop haters that knows everything about everything.
February 12, 2010 at 6:47 p.m.County Sheriff's Office special crimes unit and internal "cover up" division. If this is not a cover up then it shows the incompetence of this department. So which is it?
February 12, 2010 at 4:52 p.m.WOW! What needs to be made known is at what point (date and time) was this loss realized. The fact that the victim made an appearance at the S.O to make a report knowing Tillmon would be in serious trouble since he was employed there makes no difference. It was probably a mistake based on the looks of things being "covered up." Word of advice for any women in this situation......call 911 if you are assaulted and request an ambulance...might get a more unbiased result. I bet he even gets his old locker back in the changeout room.
February 12, 2010 at 3:11 p.m.Again... why did the sheriff's office investigate when this incident happened in the city? Just curious.
February 12, 2010 at 12:43 p.m.very intresting.
February 12, 2010 at 12:17 p.m.MzUnderstood...Filley should have asked HOW she managed to delete the recording before it was transcribed/downloaded/printed. I'm sure the answer to that would very interesting. I'm thinkin' this is probably the way things are done anytime a deputy/cop is being investigated unless the powers that be are TRYING to frame him (remember the Sheriff's captain who was the victim of the dog sniffing testimony.)
February 12, 2010 at 10:05 a.m.""Defense attorney George J. Filley III asked why Rendon-Wasicek did not write down the wife's statement.
"I don't want to be scratching and scribbling when I'm talking to a victim," Rendon-Wasicek said.""
Scratching and scribbling isn't what good note taking is about. Transcriping the audio recording as soon as possible would eliminate the chance of being erased. Taking notes with the audio tape to "fill in the gaps" would make sure the information is accurate. Kind of like college courses where a student takes notes and records the lecture. No important information is missed and the "listener" stays engaged to the speaker/victim.
February 12, 2010 at 9:18 a.m.Oh you poor souls, how many times in the past has this happen...
February 12, 2010 at 9:09 a.m.You still do not get it, this is the norm in Victoria,
And all "WE", the citizens do is act surprised.
However, do you fault the lower echelon, they only follow the examples led by their senior elected officials, no difference.
Excellent posts by all regarding the current state of the Sheriff's Office and VPD, incompetence at its best. I can't understand why January 25th stands out so well. Did the investigator listen to the recordings everyday to nail down the exact date the interview was erased?
February 12, 2010 at 8:52 a.m.The PUR advertising to the left of Tillmon’s picture mades it look like he forced his ex-wife fetch dirty water.
February 12, 2010 at 8:41 a.m.The Sheriff will follow the lead of Police Chief Ure....and will not comment upon the screw-ups of his department. The Advocate will not dig any deeper into the situation at the SO, much as they did not do at the PD.
The PD and the SO need new leadership, but we won't get it. The Sheriff is just beginning another term in office, and the Chief has the backing of our illustrious City Council and joke of a Mayor.
Does anyone still not understand the District Attorney's frustration and unhappiness with Law Enforcement in this town? Situations like this are common...this one just made the headlines because it was a capital murder case. Any else remember the PD's ineptness and fumbling in the case regarding the woman killed and son injured in the car accident on Delmar?
Yet...who the the Advocate editorialize against? The District Attorney's Office. Yep...the good ol' boy network and the city's "establishment" are alive and well in Victoria County.
February 12, 2010 at 8:28 a.m."I never downloaded it. It was erased off my audio recorder," she said.
Okay, somebody tell me why she still has a job. What do you want to bet that she never deleted an interview with a civilian suspect? The sheriff either needs to clean up his department or we need a new sheriff the next election. This is beyond outrageous.
February 12, 2010 at 7:56 a.m.How come the girlfriend wasn't charged, isn't she the one that started the whole thing, oh yea she worked with the Sheriff department to, my bad.......
February 12, 2010 at 7:43 a.m.At best losing the evidence will be considered incompetence and gross negligence and at worst it's a cover up.
Blue Code of Silence
February 12, 2010 at 7:27 a.m.From Wikipedia, the free encyclopedia
The Blue Code of Silence (or Blue Wall of Silence) is an unwritten rule among police officers in the United States not to report on another colleague's errors, misconducts or crimes. If questioned about an incident of misconduct involving another officer (e.g. during the course of an official inquiry), if following the Blue Code of Silence it would be standard procedure to claim ignorance.
Ironically, it is similar to the code of silence in organized crime, the OmertĂ .
This guy is a criminal in uniform and protected by said uniform. He will probably be let go for lack of evidence. Is he still in uniform working the streets. How long will it take him to do this to someone he pulls over for a traffic stop and take out his aggressions on that person. This guy needs anger management classes and needs to be released from law enforcement.
February 12, 2010 at 4:06 a.m.is this sheriff going to clean up a dirty dept or let the 'good ole boy' network stay in place ???
this is DISGUSTING !!!
February 11, 2010 at 11:09 p.m.Ricardo, do you know the Tillmans? I dont think you do or you would know the 18 years of history. Many who work with them do. And he isnt innocent and this isnt the first time he has hit a woman and it wont be the last I promise you. He is a violent person.
February 11, 2010 at 11:07 p.m.Welcome of the Good Ole Boy Alliance of HICTORIA County. How convenient is that, losing evidence. Is this going to turn out like RATLIPPS? Will Mr. Tillmon be set free to beat the hell out of MS. Garza? Tune in this time tomorrow.........and just think what all this dragging is costing the taxpayers. I agree with the officer that testified that peace officers need to lead by example.
February 11, 2010 at 11:04 p.m.Wow...imagine that....what does the sheriff have to say about all of this I wonder?
February 11, 2010 at 10:24 p.m.ok she said she never downloaded it or lost it as of Jan. 25. So it better not show up now, all pieced together to fit the DA's case. He's innocent. just another wacko that cant let go. just sayin cop said the tape WASNT available as of the 25. Does that mean a tape could still fall out of the sky and now be, "AVAILIBLE". Camon.
February 11, 2010 at 9:59 p.m.that investigator needs to be investigated by an outside agency. this whole deal smells like a huge cover up.
February 11, 2010 at 8:47 p.m.