Texas District Attorney Office Accused of Prosecutorial Misconduct in Steroid Case

Apr 30

Texas District Attorney Office Accused of Prosecutorial Misconduct in Steroid Case

Whistleblower Says Prosecutor and Police Detective Lied About Evidence

A whistleblower in the Hays County District Attorney’s Office accused her fellow prosecutor and a police detective of lying about information used to incarcerate a man for steroid possession. Shawn Nathan Shipman was arrested on October 29, 2007 and charged with two counts of possession of the anabolic steroid trenbolone acetate. Steroid possession is a felony under Texas state law and subject to 6 months to 2 years incarceration. Shipman was in Hays County Jail for 498 days prior to pleading guilty and being sentenced in March 2009.

Assistant District Attorney Lynn Peach joined the Hays County DA’s Office in February 2009 and began to suspect that there may have been fraud involved in the prosecution of Shawn Shipman. She suspected San Marcos Police Detective Laray Taylor of misrepresenting or even falsifying crucial information used in an affidavit for a search warrant in the Shipman case. Peach believed that Assistant DA Chris Johnson lied about the source of the information used in the affidavit when interrogated by the Shipman’s attorney, David Watts. “I thought, ‘Holy smokes, he’s lying,” said Peach.

Specifically, Lynn Peach alleges that the affidavit information did not originate with a “concerned citizen” (as alleged by Detective Taylor and Assist. DA Johnson). A “concerned citizen” usually has a high degree of reliability because of long-standing connections to the community and the absence and any quid pro quo. Instead, it appears that the information came from a “confidential informant.” “[A] confidential informant is someone who is involved in the drug trade who is getting something for what they’re giving” according to Peach.

To make matters worse, the confidential informant used by the San Marcos Police and Hays County District Attorney’s Office was the ex-girlfriend of Shawn Shipman. Shipman’s former girlfriend was arrested on drug paraphernalia charges approximately one month prior to Shipman’s arrest. The previous girlfriend presumably told police that Shipman used anabolic steroids in exchange for leniency.

After learning of the potential prosecutorial misconduct, Lynn Peach felt obligated to blow the whistle on her employer and notify Shipman’s lawyer of her suspicion before alerting District Attorney Sherri Tibbe.

David Watts, the attorney for Shawn Shipman, is seeking a new trial on May 7, 2009 in light of the new evidence. “Some of the evidence presented previously to the Honorable Court was to say the least suspect, if not in fact, a fraud,” according to Watts in court documents.

The Hays County District Attorney has defended the actions of her office against the allegations of misconduct. "We have investigated the allegations made by Ms. Peach and feel strongly that the law and the facts show no misconduct in the prosecution of this case," according to Tibbe in a press release. "The guiding principal of this office is to ensure that justice is administered in a fair and ethical manner."

San Marcos Police Chief Howard Williams decried the “rumors” about his officers. “I haven’t heard any accusations, haven’t heard any evidence. I’m not even exactly sure what they’re talking about,” said Williams. “I would think if someone is going to accuse one of my officers of wrongdoing I would hope they would at least have the respect to bring it to me so I could deal with it.”

State District Judge Jack Robison recused himself from the case after hearing the incriminating testimony by Lynn Peach. “It’s clear to me the type of information we’ve heard today may result in possible legal charges against an officer of this court. I’m not going to sit as a judge in that kind of case,” said Robison.

Since Judge Robison has recused himself, a visiting judge will be appointed to rule on the request for a new trial. The scandal within the Hays County District Attorney’s Office highlights several issues of concern for steroid users. The fact that someone could be put in jail for 498 for simple steroid possession is alarming. But the lengths to which prosecutors would go to put steroid users in jail, including possible misrepresentations and fraud, is even more disturbing.

Sources

“Assistant district attorney says prosecutor, detective lied in steroids case,” April 28, 2009

“Update: Judge recuses himself in new trial motion,” April 28, 2009

“New trial in steroid case a possibility,” April 22, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com