The Robert Trevino Case Part 4
By 04/30/2008 19:32:00
Part IV: Trial excerpts
« Reply #3 on: February 14, 2006, 11:48:53 PM »
**Fred Shannon's series of editorials in The Ellis County Press from Dec. 2003 regarding the "railroad job" of Robert Trevino are being transcribed in 98 percent of their entirety to help readers in and around Ellis County see first-hand how the "injustice system" here works.
Shannon clarified from Part II a de scri ption when Stacy Harris' mother was cited, but in truth, the mother was Ms. Lankford. It was a typo, he said.
In Part III of the series, I partially analyzed the Bill of Exception, filed by defense attorney John Dixon, and most of the cross examination of Waxahachie Police Detective Billie Wiggins. In part, especially of her admission that she has disliked Robert Trevino since she first issued him a previous citation. To most individuals that admission would lead anyone to believe her entire investigation and testimony would be severely biased against Trevino.
It must have riled the ire in Judge Knize also. I make this observation because of his summary entry where he tries to cover his butt in case of an appeal and/or judicial review of this mess, and that may well be forthcoming because of obviously prejudicial rulings, especially in the objections area by the defense and prosecution, in the opinion of this writer.
The direct and cross examination of Ms. Wiggins is fraught with inconsistencies and, in my honest opinion, possible perjury. She gives directly opposite testimony from other witnesses called by, not only the defense, but by some of the prosecution witnesses. These will be discussed in this part of the series.
In all of my experience as an investigative reporter and senior columnist for this paper, while covering several court trials, I can truthfully state Detective Wiggins is the worst prosecution witness I've ever covered in a trial.
While analyzing the official tran scri pt of the trial, the inconsistency of her testimony, even though she was receiving hand signals from the prosecutors - a fact which is backed up by future sworn affidavits to be presented is evidenced by the testimony of other witnesses.
She was called to the witness stand by Assistant DA Ms. Lacy Buckingham the first time on Aug. 23 and again on Aug. 24, 1995. Her testimony on the 23rd is covered on pages 151 through 217. Her second appearance on the 24th is covered on pages 63 through 116. When I first read her testimonial answers to prosecution questions, very obviously to prejudice the jury against Robert Trevino, I was completely taken aback by the obvious attitude of Judge Knize. His rulings are scary to say the least. I'll try to show some of these determinations during this and the rest of the series in order that the readers can make their personal decisions.
Let's look at the manner in which the jury was informed of hte charges against Robert Trevino in the case of one 12-year-old young lady, Stacy Harris. The testimony of Ms. Wiggins, relative to this instance, can be found on page 156, lines 15 through 25, and page 157, lines 1 through 12.
Quoting Ms. Lacy, Asst. DA, questioning, and Ms. Wiggins answering:
Q: So Stacy Harris's case, that report was made on Aug. 4 to Joe Wiser?
A: Yes, ma'am.
Q: And were you assigned that case?
A: Yes, ma'am.
Q: And what was that offense?
A: It was reported as an indecency with a child.
Q: What was the reported offense date?
A: Aug. 3 of '94.
Q: And what did you do once you were assigned to that case?
A: I met with the victim, interviewed her and took a statement from her, spoke briefly with her mother.
Q: And in that particular statement, did that actually contain two separate offenses?
Q: What offenses were those and who were the perpetrators?
A: The perpetrators were FIRST WERE THE DEFENDANT, ROBERT TREVINO, the second being PATRICK LANKFORD. THOSE TWO OFFENSES BOTH INDECENCY WITH A CHILD.
Q: And did you take a statement or speak to Patrick Lankford about that offense?
A: Yes, ma'am.
Three things need to be pointed out here, all in bold type. Firstly, the offense, according to Ms. Wiggins is "indecency with a child." When I subsequently post the testimony of Stacy Harris and her mother, you'll find that both of them "thought" they had filed "STATUTORY RAPE CHARGES AGAINST PATRICK LANKFORD," and only after being informed by the police about Robert Trevino, did Ms. Harris file indecency charges against Trevino.
Second, you have to be cognizant of the order in which Wiggins listed the two perpetrators; Trevino first and Lankford second, the direct opposite of both Stacy Harris and her mother in testimony I will present later. Wiggins, again, lists both charges as "indecency with a child," and there is no mention of the state rape charges against Patrick Lankford. Gee, wonder how that happened?
Third, did you notice there was no mention that neither Buckingham nor Wiggins mentions that Robert Trevino was neither spoken to, nor had a statement requested by Wiggins. I wonder why, and I can certainly speculate that the Railroad Track was being laid right there. Bet you can too.
After some preliminary questioning about her visit to the hospital to correct bleeding and bacteria problems after Stacy's admittedly having sexual intercourse with Patrick Lankford, the following subject is relative to a discussion Stacy had with the doctor at the hospital. John Dixon, attorney for the defense, in cross examination questioning, and her answers relative to the above contain the following quotes from the Aug. 22, 1995 official tran scri pt. Quoting from the tran scri pt for Aug. 22, 1995, Page 89, lines 7 through 25, Page 90, Lines 1 through 7.
Q: You didn't tell your mother, did you?
(now pay attention here)
Q: When did you tell your mother about what happened with regard to Robert Trevino, Ms. Harris?
A: After the police officers told her.
Q: After the police officers?
Q: So when did the police officer come by?
A: The police officer was there at the hospital.
Q: The police officers were at the hospital?
Q: So the police officers tell your mother what happened. What did you tell your mother?
A: I just told her that I was having sex.
Q: You didn't tell her anything about Robert Trevino, did you?
A: Not yet.
Q: When did you tell your mother about Robert Trevino?
A: In the same conversation.
Q: In the same conversation. Now at waht point - you haven't told her in the initial
conversation. But you said you did tell her later in the same conversation about Robert Trevino's sexual contact with you?
Did you catch the pay attention phrase? Only after the police officers brought it up did Robert Trevino's name ever come up and even Stacy says the same as her mother does in a later quote from the official tran scri pt.
Now the Railroad Track has the beginnings of a locomotive, and Trevino should be packing his bags for a long trip, all the courtesy of some city officials of Waxahachie, acting in cooperation and coordination with an investigating law enforcement officer, who admittedly is biased against Trevino, a city manager who has had charges filed on him, and was tried, by Trevino, two officers of the Court who have lost an appeals case against Trevino prior to this case coming before the legal judicial system.
Let's look at some more evidence proving the charge filed by the Harrises is not the one, stipulated by Officer Wiggins in her direct examination by Buckingham. The following is found in the cross examination by defense attorney Dixon, after a discussion between Stacy and Dixon with respect to Stacy's relationship with Patrick Lankford.
The following quotes can be found on the Aug. 22, 1995 tran scri pt page 93 lines 12 through 25, page 94 lines 1 through 25, and page 95 lines 1 through 7.
Q: You didn't want your mother to know did you?
A: Know what?
Q: Know that you were still seeing Patrick Lankford.
A: She knew.
Q: But you didn't want her to know that you were in the hospital possibly because you had had sex with Patrick Lankford an hour and a half at Robert Trevino's house the day before? You didn't want your mother to know that, did you?
A: She already knew.
Q: She already knew that you had a relationship with Patrick Lankford the day before?
Q: And you had sex with him for an hour and a half?
Q: What did your mother say?
A: She pressed charges on him.
Q: PRESSED CHARGES ON WHO?
At this point Dixon asks Stacy if she knew the extent of the charges and Buckingham objects to the question as speculation and Knize sustains the objection, but Dixon rewords the question to:
Q: WHAT WAS THE CHARGES?
Buckingham objects but Knize says she can answer if she knows
A: STATUTORY RAPE.
Q: Do you know what court that particular case is pending?
Q: DO YOU KNOW THE NAME OF THE INVESTIGATOR THAT INVESTIGATED THE STATUTORY RAPE?
A: BILLIE WIGGINS.
Q: DID YOU MAKE A STATEMENT WITH REGARD TO THE STATUTORY RAPE ALLEGATION ON PATRICK LANKFORD THE SAME AS YOU MADE A STATEMENT WITH REGARD TO THE INDECENCY WITH A MINOR CHARGE ON ROBERT TREVINO?
A: That's it.
There you have it folks. Wiggins or Stacy Harris one or the other did not tell the truth about the charges.