Ex parte Edwin Baezotero--Appeal from 403rd District Court of Travis County
M E M O R A N D U M O P I N I O N BY JUSTICE DIANE HENSON
[REMOVED]
Blogmaster's note: At the polite request of the Defendant received Mar. 9, 2008 [as opposed to the threats and accusations that have been made in some comments posted earlier] I have decided to remove the text of the opinion by Justice Henson, pending further consideration of the issue.
For those not familiar with appellate practice and appeals court's conventions and rules, "Do not publish" means do not publish in the South Western Reporter, ( ___ S.W.3d ___) - an evergrowing collection of appellate opinions that are cited as precedent in legal briefs and opinions. These published cases guide consideration and decision of future cases involving similar issues, but "unpublished" cases may now be cited as well, although they do not carry the same weight. Not published or "unpublished" does not not have the literal meaning in this context, as almost all appellate opinions - designated for publication or otherwise - (including this one - as of today) are available on the courts' web sites and through WestLaw and other publishers. Those who have a need to read the opinion I have removed from this blog can access it by alternative channels.
AFFIRMED: Opinion by Justice Henson (Before Chief Justice Law, Justices Waldrop and Henson)
03-07-00241-CR
Ex parte Edwin Baezotero--Appeal from 403rd District Court of Travis County
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56 comments:
first off wolfgang. It is illegal it publish cases on the internet in anyway shape or form. especially while it is still a live case. Obviously you work for that court. I am going to find out who u are and i am going to make a complaint to the appropriate athorities. good luck getting a job in any other court system brother. ps. this guy is not guilty.
Wolfgang, its people like you that are the reason why there is no real justice system in this so called "free country". It could just as easily be you in this case and I can only imagine how you would feel being judged by others who no nothing about this case. If it were you then maybe you'd think twice about publishing your own name in such a slanderous way. God help you and the Texas Court System for which you work that is paid by myself and many other innocent people and their families.
It is very curious to see this being posted and published in this manner when it is clearly stated by Justice Diane Hensen, in the end of the document, "DO NOT PUBLISH."
Quote:
Diane Henson, Justice
Before Chief Justice Law, Justices Waldrop and Henson
Affirmed
Filed: January 17, 2008
[-Do Not Publish-]
End Quote:
Whatever service you claim to be providing, does neither the accused or his defense any justice, when considering what your position is with this case and the purpose behind your refusal to follow the Justice's order. Rather you are an officer of the court or not, you are violating the integrity of the document and those that ruled upon it, whom have clearly stated in conclusion to their ruling, "DO NOT PUBLISH."
I will be making contact with Justice Hensen before weeks end of the improper publishing of this document, as well as the parties involved.
we should get this wolfgang guy disbarred.wolfgang as you said to me on the phone the other night that you are doing a service for the people.what people? if a lawyer wants to read about a case that is PUBLISHED and is finished let them read it on the courts website. You are a slimeball Lawyer that gives other wonderful lawyers a bad name. You are hindering edwin's case by posting your blogs. His lawyer is a great guy who would never think of doing such rubish. and he is also doing a great job defending our friend edwin. What lawyer "blogs" come on. that is for teenagers. grow up. grow a set of balls. and rather then wasting your time publishing articles from courts that you have no jurisdiction to do as it does say. do not publish! go defend a real life person rather then hiding behind your computer. I personally would never hire a lawyer no matter how cheap you are, that blogs. you have no life. lawyers know where to get their info. let them do it on their own. Now really how many people have you ruined their lives by your blogging. and how many so called lawyers actually read your crap. get a life wolfgang. to everyone else thanks for defending edwin. we all Know the truth that he is innocent.
klb, kristi_baez, and ris you could not be further from the truth. EDWIN BAEZOTERO IS 150% GUILTY
Neither one of you know one bit about the justice or legal system. If it were not ok to publish cases on the internet or any other way we would not have heard about the OJ Simpson case, or the Lacy Peaterson case. I think it is time you guys in Austin need to do a little research prior to making idiots of your selfs.
KLB- Baezotero is guilty, as guilty as they come.
KRISTI_BAEZ- Why don't you tell the nice people that he is your husband? The husband you drug with your car, and the husband you assaulted. Why don't you tell them about all the problems you had with him on the internet with porn, affairs, and perverted mind? Or how he is fixing to have you put in jail cause he won't drop the assault charges?
ris- Your an idiot, it is public record. Why are none of you telling people this is a active United States Marine that we are putting through college with out tax paying money? You are not the only ones who pay taxes, and half of you are clueless about the real identity of boz697, or any of the other names he uses.
Any one can go to
www.3rdcoa.courts.state.tx.us
Case#
03-07-241
03-07-242
WHY BECAUSE IT IS PUBLIC RECORD, ANYONE IN THE WORLD CAN READ IT.
Upon reading all the updates you can see the appeals are just a way for him to stay out of prison. He will never get an appeal bases on double jeopardy, just his attorney trying to suck them dry for more money. And he is doing a good job of it.
02252000, aka Kelli Emery Leathermen... you are never going to convince anyone, let alone 12 members of a jury panel that a man whom was selected and graduated from a Marine Corps Commissioning program, top of his class in college and passed not 1 but 3 polygraph examinations, proving that he isn't lying about being innocent of the charges, is actually guilty.
How can you try to convince a jury panel when you didn't believe the child when you supposedly found out? Why else did CPS not only list you, the mother, as the perpertrator but also and I quote, "The mother is protecting the uncle, not the child." And that is coming directly from the CPS report from March 2005.
Bottom line is Kelli, you're pissed off because Eddie threatened to have your kids taken away from you because you're an abusive and neglectful parent and it is not a coincidence that several weeks after you assaulted him and threatened to "make him pay" for not shutting up during that argument, that he was then accused of child indecency.
You can say and lie all you want about Eddie or Kristi, but it is never going to change the fact that what you and that little girl are doing to his family is morally wrong. Your moral compass is so messed up, I wonder how you find your way to work in the mornings.
By the way, your tax dollars did not put SSgt Baezotero through college. All service members pay into the Montgomery GI Bill and are eligible, in a commissioning program, to use those funds. His service to this country and his money is what put him through college, not you; however, it is his tax dollars that are paying for these trials and court fees and he is the accused. He gets to not only pay for his own lawyer, but for your lawyer as well.
Accusing someone of a crime does not make you an expert on legal matters Kelli. RIS was right about his posting about not publishing but if the people of this state actually considered the value of doing the right thing, making false reports to CPS and to the police would be a greater crime than child indecency. Especially in a case like this one when the man is 100% innocent.
By the way someone can't be 150% of anything. That value only relates to increase or decrease. Kind of like, your 150% more wrong for making that statement than if you just told the truth Kelli.
WOLFGANG,
Continue your effort making the public aware. Most people appreciate the hard work you do. I am one of those people and think that parents as well as children have a right to know what is going on around them.
IT IS NICE TO KNOW THAT SOMEONE IS THE VOICE OF THE VICTIM AND THEIR FAMILY.
Everyone is so worried about Edwin Baezotero and his family, but who is worried about the victim and her family? Lets not forget these kinds of trials are the ones that make the abused children in the world not speak out...I think we should applaud this family for their courage and long lasting dignity.
There are only 2 people that have remarked in this blog that know the facts, and one of them is me and #2 you know who you are!
WAY TO GO WOLFGANG, KEEP UP THE GOOD WORK
MGD,
It took you a long time to say all that, still in high school? When you know all the facts then come at me.
2 trials
24 jurors
18 guilty
75% of the jurors guilty, that says it all...The lies you tell today are the only things that stand in the way of a conviction, but don't worry the other 6 jurors will eventually come around. Eddie and crew can only tell so many lies, eventually it all comes back to haunt you...Since you have it all figured out maybe you can be his defense attorney, he sure needs someone. Come on his own attorney could not even appeal the case correctly.
Have a great day,
02252000
HE CAN'T EVEN HAVE ANY UN-SUPERVISED VISITS WITH HIS CHILD FOR YEARS.
[PDF] Travis County Criminal Case Settings by DefendantFile Format: PDF/Adobe Acrobat
BAEZOTERO KRISTI ELAINE. D-1-DC-03-202387. 09:00. 147TH APR. DRIVING WHILE INTOXICATED 3RD OR MORE. 02/20/08. BAGBY JUDITH. C-1-CR-07-209736 ...
www.co.travis.tx.us/district_courts/pdffiles/CrimSettingsbyDefendant.pdf - Similar pages - Note this
[PDF] Travis County Criminal Case Settings
YOU SEE THIS IS STILL AN OPEN CASE, BUT YOU CAN STILL SEE IT.
I don't know what world you live in, but in mine their is no worst person, or crime than abusing or neglecting a child in any form.
Your probably a pervert just like him.
"HE CAN'T EVEN HAVE ANY UN-SUPERVISED VISITS WITH HIS CHILD FOR YEARS"
Whoever told you that is as full of it as you are for believing it. You're just pissed cause Eddie and Kristi won't let you get within 100 yards of Alyssa let alone talk to her for what you have put them through.
We will continue to defend Edwin for as long as it takes. You can't tell your side of a story when all you have to say are lies, Kelli.
By the way, I will match my college education against your GED any day. I guarantee you will lose. I will come at you with the truth in all regards because you are wrong and you know it Kelli.
Quoting: "but don't worry the other 6 jurors will eventually come around"
What? I mean I read that line of yours Kelli and I can truly see how wise you are about the legal system. Those 6 or 7 or 8 jurors don't "eventually come around" you idiot. The trial is over. A new trial is then conducted with a, you guessed it, a NEW Jury. Watch Matlock sometimes. He might teach you a few things about the law.
I will agree with you that a crime against a child is one of if not the worse thing you can do, especially if it is committed by an adult; however, you are never going to convince me or anyone else that Edwin is guilty of doing anything other than not having you arrested for assault, child neglect and child abuse.
I do know you Kelli and your type. You will stop at nothing to prove that no one can push you around or tell you what to do, especially in your own home. So instead of taking responsibility for being a horrible parent and change your ways, you ruin an innocent man's life and allow this to continue by persuiing these false accusations.
Shame on you Kelli Emery.
Lying lips are abomination to the Lord. ~Proverbs 12:22
Insane is what you are, and maybe instead of watching Matlock you should watch ARE YOU SMARTER THAN A 5TH GRADER! They might teach you how to spell.
It is persuing, not persuing! If that is what a college education has given to you, you may need a few more classes in spelling.
If you were smart you would know that all the false accusations are being made of the mother and the child not Edwin. If he was so upset at Kelli as a mother, then why did he NOT ONCE CALL CPS, as he claims? If Kristi and Eddie are such a wonderful family, why did he spend Christmas in California, and not with his wife and child? You only know one side of the story and untill you sit in the court room, you should shut your trasy, lying, dispicable mouth!
You IDIOT I have sat through 2 trials, do you not think I know there will be 13 new jurors not 12.
The point I was making is in both trials 75% of the jurors found him GUILTY!!!!!!!!!!!!! The only doubt that is Kristi and Eddie making up horrific lies to try and defame the family's character. They have used all the dirty tricks in the book and have run out.
You should watch what you "quote"! They are lies and I will take you to court for deflamation of character right along with anyone who chooses to try and sabotoge this case with outrageous allegations, and fake quotes.
As far a being a horrible parent, their is no parent that is perfect, as we can tell by your one sided vision of the truth. But if you think being a bad parent gives a pervert the right and/or makes it ok to sexually assault a child, YOU ARE SICK IN THE HEAD AND SHOULD BE COMMITED TO A HOSPITAL FOR AN EVALUATION.
Your the super hero that can look at CPS investigation reports, even though they are sealed, why don't you look at Kristi and Eddie's. You will find that all the parenting classes they have to take are a dirrect result of the CPS investigation, and Eddie is not allowed unsupervised visits with the minor child in question.
By the way college graduate it is against the law to publish a minors name in a sexual abuse case like this. Once again you could be in litigation very soon. I would wathc what I say if I were you. I would also get the facts straight. Not educating your self on the FACTS is no excuse for stupidity.
Excuse me my GED did not allow me to mis-spell persuing.
Or are you correct in your spelling? persuiing
Your such and idiot!
Kristi_Baez,
Your wrong it is people like you and your friends that do an injustice to the court system, and the abused children in this world! You and I both know from experience the reason children don't come out and tell adults when they are abused.
WHY CAUSE PEOPLE LIKE YOU RUN THEIR FAMILY'S IN THE GROUND, AND FOR NO REASON OTHER THAN A LAST DITCH EFFORT TO TRY AND GET A MAN OFF FOR A CRIME HE COMMITED. THE WORLD AND PEOPLE LIKE YOU NEED TO OPEN YOUR EYES. HUNDREDS AND THOUSANDS OF CHILDREN IN THE WORLD NEVER CRY OUT WHEN A CRIME LIKE THIS HAPPENS, AND YOU AND YOUR ATTORNEY ARE PART OF THE REASON WHY.
The minor child in this case has a picture of her cousin on her mirror in her room, and in a picture book that you gave her. Does that sound like a child that is purposly destroying her family?
NO, it does not. She crys all the time and misses her aunt and cousing and because their are aunts like you if it ever happended again she probably would not tell. You have to live with that for the rest of your life.
I have no shame in putting my name here because I have nothing to be ashamed of. What's your excuse?
My daughter is at home with her family EVERYDAY! Yes, that means her father...EVERYDAY! You were wrong about her just like you always are. Stay out of our life because soon enough I will be finished with you forever! Quit using our name in your petty arguements that get you nowhere! Its up to the court now and you can do nothing else to harm us...nothing! The internet is not a source for your own trial! It is nothing more than your angry attempt to get back at people that you are so angry with for ruining your family when you've done that yourself! "He who seeks revenge must first dig two graves" and you have certainly dug your own this time. Pretty soon you will be in it as you have tried to dig ours...unsuccessfuly! You've had your day in court...no wait, you've had your day in two courts and you lost! And you'll loose again, and again and again! When its finally over we won't even remember your name...or your mother's!
You can't threaten me like you do everyone else who testifies against you; however, your slanderous remarks towards Edwin are what is going to get you in trouble but your too stupid to realize that.
I find it interesting though how, being that you don't see Edwin or Kristi or ever visit Austin, let alone have any contact with the family, yet claim to have knowledge as to where his family is spending the holidays.
They have banned you from their life and even changed their phone numbers to keep from you harrassing them, yet the fact that you have knowledge about anything in their life, I find as hard to believe as your claim that he is guilty.
Furthermore the CPS records are public record. Funny how you argue that those records are "private," considering they prove that you're the perpertrator not Edwin, yet you support Wolfgang for posting this blog about a case that was stated by a Justice to "Do Not Publish." I'm sure as long as it is in your favor than it is ok.
Quoting: "You IDIOT I have sat through 2 trials, do you not think I know there will be 13 new jurors not 12"
Quoting: "but don't worry the other 6 jurors will eventually come around"
No, I don't think you do understand. But don't take my word for it. These are from your own words.
Quoting: "Excuse me my GED did not allow me to mis-spell..."
Oh really...?
Quoting: "I would wathc what I say if I were you"
Quoting: "YOU ARE SICK IN THE HEAD AND SHOULD BE COMMITED..."
Quoting: "you should shut your trasy, lying, dispicable mouth!"
Quoting: "HE CAN'T EVEN HAVE ANY UN-SUPERVISED..."
Quoting: "OJ Simpson case, or the Lacy Peaterson case"
Quoting: "I will take you to court for deflamation"
A product of the No Child Left Behind Act I see.
Pretend you beleive all that rubish. If you call 9 guilty and 3 not a loss for us, your mistaken. You are angry I did the right thing, the same thing you would have done if it were your daughter! The only innocent person hurting is my child, and my family. You have done this to your self. Don't gang up on an innocent man (wolfgang) for doing his public duty. You and your friends should stay off the internet if you choose not to see your names in the media. You can pretend yall are a happy family all you want, but we all know different. That is why he was not with you at Christmas. My family was all together, and you did not waist any time coming to get your presents did you? I am ashamed of nothing other than having my sister stand by a pedophile, and not her family. Then again you never have made good choices in your life, have you Kristi? You should have stayed away from them marines!
Husband #1. Commited Suicide
Husband #2. Child molester
Husband #3. Yet to be seen, but the odds are against you. My life was perfect untill you came back with your pervert husband, and so was everyone elses. We all had happy lives cant you get one?
Its not my day in court it is my daughters, and she bravely stared your nasty husband in the eye the whole time. She is not affraid of him and neither am I.
We had a wonderful Christmas together you idiot! Maybe I'll show you the pictures someday...NOT!
Bravo for you, you can spell! You all really need to get a life. The man is guilty and the whole world will know soon enough.
Every one knows that CPS records are not public record.
Do you not think the rest of the family talks? This is a very personal matter and yes he was in california, and she was here getting the childs presents from me. So I do know, why don't you ask her. She also sent me a school picture of my neice! Does that sound like someone who has been banned. nope
The quotes that are initiating my lidigation with you are the ones you quoted from a non-existent CPS report in March-05. I happen to be looking at it right in front of me and the perp is Edwin Baezotero. Eddie was indicted on 2 counts of sexual assault and that is a fact, there is no deflamatory remarks on my part only yours.
Have a great life, your gonna need all the help you can get.
You were at Brandi's with Daddy Remember Stupid......
For someone who claims to have changed their #s and address, you sure are jumping at the chance to have conversation.
Oh and by the way I know Eddie dropped the charges for you dragging him with the car, but what about the assault charges for punching him in the face in front of my niece? I see you go to court again on domestic violence charges on the 9th of March.
What happend to the loving family you claim to have?
But yet you have the nerve to slander my name and my family.
Ain't that the pot calling the kettle black!
You left gifts on the doorstep and I did not and would not send you pictures of our daughter! She is not your niece so I'm going to tell you this one single, solitary last time...leave us alone! Quit slandering our name on the internet! Quit trying to contact us! Do what your attorney has advised from the beginning and leave us alone you sick person! Go away! Get lost! Forget about me and my daughter! Let us go!
You are all waisting your time on this blog. If 9 out of 12 jurors who heard nothing but facts say he is guilty, then he probably is. I am sure the jury heard the allegations against the mother that MGD claims, and if so and they still say guilty, then guilty it is. It sounds to me as if the defendant is making up excuses, and grasping at straws. This is no defense.
To mother, child, and family,
Keep fighting, you will find it to be worth the effort in the end. God punishes those who sacrifice others for their own well being, and one day he will get what is coming to him.
PS: Does the Marines know about this?
Quoting: "I happen to be looking at it right in front of me "
Quoting: "I have sat through 2 trials"
Then you would remember that in the last trial the CPS Investigator, brought to the stand, read the CPS report dated March 2005 that stated Kelli Emery as the perpetrator, not Edwin Baezotero. She also admitted that she was the one who remembered that there was an incident in 2001, when Edwin was stationed in Japan, were CPS was called out to your house. Funny though how CPS destroyed those documents when the law requires CPS to keep all records of reports made on a home until the youngest child turns 18, and the youngest is not 18 yet, not even close.
Quoting: "My life was perfect untill you came back"
Another lie:
1. Had your Ford Repo for non payment
2. Husband left you after he caught you in bed with another man, who you then later married.
3. Present husband ran your leg over with his truck and you collected the insurance on that claim.
4. Bought new boobs with your insurance money from that incident.
5. Police called out to your home several times for domestic violence.
6. Daughter involved in present case was caught watching an adult xxx movie with neighbor girl and you banned her from that house.
7. Your son was born with in irregular size lung due to the fact that you smoked during his pregnancy and had to endure breathing treatments immediately after his birth.
I can go on and on about how "not perfect" your life was before Edwin and Kristi came back. Hell everything but you getting run over with the truck and getting busted in bed with another man, occurred while Edwin was in Japan. Cause if not, I am sure you would blame him for those things as well.
It's not nice to have your life thrown out on the street, is it Kelli?
Kristi is right, this is not your opportunity to run your own trial. Let the courts do their job. That is why we have a Constitution.
OMG
Sounds to me like people have lost sight of the case at hand! This is more interesting than Judge Judy.
Leave the mom alone, her dirty closet has nothing to do with the man that has been charged with sexual assault. After googling his name I found some very interesting facts about your friend. Maybe you should do the same. I googled the name of mother as MGD stated and found nothing. Hum...Wonder who is lying? Sounds like his side if you ask me. I have read this entire blog and no where did I see mom claiming to be perfect, why are yall so down on her for doing the right thing?
PS: I work with the Department of Social Services and no one can get any record of CPS investigations except by court order or accused. In the recent statements by MGD you have been mislead, and I would asume that mom will provide documents proving that.
FYI: In a case where the state is charging someone with a crime of any nature the defense does not have to give the prosecution their defense untill day one of court. This could explane some of the outragous, unexcusable allegations about mom.
It would also seem that he should have some sound proof as to his innocence, instead of blaming mom.
Just my opinion
You mean to tell me that after 2 trials and trying to prove he is innocent, the defense did not use all of its resources to provide evidence? Maybe he needs a new lawyer, I mean how many chances do you think your gonna get.
Probably means more than likely, and when you have 9 out 12 in 2 trials that say guilty, well that says it all. Especially when you are know saying that their is more that he held back. If this were me and I was innocent I would have put 100% into making sure the facts were told. Sounds like you are making up these lies as you go along. No wonder the jury doesnt by it.
When you are arrested, and my tax dollars are spent in the court system it is automatically my business, as it is any other American in the world.
I'm surprised the media (tv/radio stations) had not got a hold of this yet!
Judge Judy is an understatment...
I think all of you are wrong. Actually I don't think, I know.
CPS guy, MGD, RIS, Kristi, Kelli or 0525200 and KLB. You guys are having your own trial right here and people like you are part of the problem with this country.
We have a Constitution for a reason so why don't you guys get a life and let the courts and attorneys do their job. This particular forum and energy should be saved for the courtroom and no matter how righteous either party claims to be, you are wrong!
Rather the accused is guilty or if the accusing party is guilty of false accusations, is something that needs to be kept in the courtroom or handled by the judicial system.
It's like reading a bad reality tv show on here and you are only getting yourselves upset over nothing because you will accomplish nothing but upsetting each other. You will gain nothing from writing negative about the case, on either end. It won't win you the jurors or get this to end any quicker.
So why don't you let what our founding fathers worked so hard to fight for and let the system do its job. It's not perfect but at least it will keep you guys from killing each other.
Sincerely,
Robert
Thank you, Robert. You have no idea how much this has hurt our family. We appreciate your comments, and value your opinion.
We are just waisting energy. Please pray for my family, the lord knows we need it.
He is guilty & Blogger,
Thank you for sticking to the facts at hand. As I read these blogs I realized not one of these people have any concern for the two children involved. The name of my grandaughter has been mentioned several times throughout and she has nothing to do with it. WHAT THE HELL HAPPENED TO PROTECT THE CHILDREN.
MGD you should be prosecuted or at least have your ass kicked for mentioning my grandaughters name and to Kristi_Baez my daughter and the mother of the child being mentioned you should be very concerned your daughters name is being thrown around like that and put a stop to it NOW! I thought you wanted to protect her? Who is this idiot MGD & do you know him? If so take care of it. I suggest everyone get off this blog and get on with their lives the best they can. The trial and truth will come soon enough.
As for you FKE your facts are totally incorrect, and which of the two truths are worse. One husband accidentally running over his wife or the wife running over her husband? Since you seem to be so knowledgeable about this case and our lives you be the judge and jury.
What the hell happened to shut the hell up and let it go? I think Robert set us all straight already. It's no surprise though that you needed to get the last word in.
Ashamed? You should be!
Talk about a late reaction, HELLO?
Why would a so-called innocent man file an appeal based on Double Jeopardy when his last 3 have been denied, instead of going to trial? Only people who are guilty try to get off on frivolous appeals and technicalities.
It doesn't matter who responds when. And if someone wishes to appeal 1,000 times, that is their right.
Last time I checked, this country and it's laws are still governed by the Constitution, which grants its people that right.
Your feelings or opinions do not trump that, no matter how witty you may think your comments are.
People with legitimate appeals are the on that should be afforded the right to appeal!
The law on DOUBLE JEOPARDY -
Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).
None of theses apply to this case, and any third rate attorney would know this. The multiple appeals is just a waist of my tax money along with the rest of the working people. Get out of the appellate court and go to trial!
Quote: "Why would a so-called innocent man file an appeal"
Why don't we just get rid of the appeal process all together? God forbid someone might actually be innocent of what they are being accused or even convicted of...
Case 1: http://www.cnn.com/2008/US/01/03/dna.exoneration.ap/index.html
Case 2: http://www.truthinjustice.org/john-stoll.htm
Case 3: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-exonerate_04met.ART.State.Edition2.3775b72.html
In all these cases the defendant filed appeal after appeal after appeal... There are thousands more like this in our country and more so in Texas.
Earlier you said, "If 9 out of 12 jurors who heard nothing but facts say he is guilty, then he probably is"
What about when 12 out of 12 say the person is guilty and it turns out they were wrong? Does that still make him guilty or you an ignorant person for saying so?
I choose the latter of the 2.
The appeal if frivolous, if it were legitimate that would be different! He has no right wasting the time of the courts or taxpayer money is if his appeal is not legitimate!
I am not saying he cannot appeal, I just think if a defendant is going to appeal make it a legitimate appeal!
Double Jeopardy does not apply to hung juries! I gave you the legal definition can you read?
You can’t honestly think that double jeopardy applies in this case.
Quote: "People with legitimate appeals are the on that should be afforded the right to appeal!"
And who get's to make that decision? You? Are you so wise and full of knowledge to be able to separate between the legitimate appeals from the frivolous ones before ever hearing them? I think not.
As for you knowledge of the law, or lack of here's a quick lesson:
http://straylight.law.cornell.edu/anncon/amdt5afrag2_user.html#amdt5a_hd7
The constitutional prohibition against ‘double jeopardy’ was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense. . . . The underlying idea, one that is deeply ingrained in at least the Anglo–American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.
And last I checked, Cornell University Law School does not produce "3rd Rate Lawers."
...or can you read?
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00002000---h001-.html
§ 2000h–1. Double jeopardy; specific crimes and criminal contempts
How Current is This? No person should be put twice in jeopardy under the laws of the United States for the same act or omission. For this reason, an ACQUITTAL OR CONVICTION in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.
EVERY DEFINITION NO MATTER WHERE IT HAS COME FROM SAYS THEIR MUST BE AN ACQUITTLE OR CONVICTION FOR DOUBLE JEOPARDY TO APPLY.
Ask the Law School of Cornell if double jeopardy applies to a hung jury, better yet 2 hung jury's.
NO IT DOES NOT, YOU DON'T HAVE TO BE A LAWYER OR GO TO A FANCY SCHOOL TO KNOW A BAG OF BULL SHIT WHEN IT IS SITTING IN FRONT OF YOU.
Quoted: "You can’t honestly think that double jeopardy applies in this case."
To you it doesn't because you are close to the other family and are bias in your opinion, regardless of the case facts or the law.
Do I think it applies in this case? Yes. At least I have a reason with merit and not just a "well 9 out of 12 people believed it" kind of reason.
Green v. United States 355 US 184, 187-188 (1957)
"The common law not only prohibited a second punishment for the same offence, but it went further and forbid a second trial for the same offence, whether the accused had suffered punishment or not, and whether in the former trial he had been acquitted or convicted."
U.S. v. Perez 22 U.S.(9 Wheat) 579 (1824) or U.S. v. Jorn 400 U.S. 470, 486 (1971).
I can give you many more examples of how double jeopardy cases where and are just like this one and how the law has been interpreted to protect from exactly what the defendant in this case is having to endure, while proclaiming his innocence.
He is not wasting anyone's money with these appeals, cause last I checked it was his money being spent on his lawyers and his tax dollars paying for the prosecutor. Unfortunately, that is also how our system works.
Hey _ack _ss,
Development and Scope means just that, and is not the legal definition of Double Jeopardy.
Next time try reading the 1st line of the paragraph. If your going to copy and paste something as a fact then copy and paste all of it.
Quote: "EVERY DEFINITION NO MATTER WHERE IT HAS COME FROM SAYS THEIR MUST BE AN ACQUITTLE OR CONVICTION FOR DOUBLE JEOPARDY TO APPLY."
You must really hate this guy a lot to totally blow past that everything you just said is not true.
There are thousands and thousands of cases from Maine to Hawaii that have argued double jeopardy in a case, "without" an acquittal or conviction, and had the indictment either reversed or the case dismissed, simply on the fact that it violates the defendants 5th Amendment right. I even gave you a handful of those case laws. Don't believe me? Look them up. That is why I gave you the links.
By the way, Cornell is an Ivy League School, to argue if their information is current is ridiculous.
You seem to think you're right though and persistence on this matter I must give you; however, you can argue until you're blue in the face that a tomato is a vegetable, just cause you put it in a salad, and it still won't change the fact that it is a fruit and that you're wrong.
Get mad all you want. Call me every name in book, if that makes you happy and don't hide it with character symbols, we're all adults here, well at least some of us. Hell, from now on write all your comments in bold caps, if it makes you think you can get your point across better; however, I am just wondering how long you think you can keep this up?
You are never going to change our minds and obviously vice versa. No one is going to be able to recruit jurors on here or even win an argument. So why bother?
I came on here to comment on an earlier posting and somehow got you. You are obviously passionate about this case.
So... more power to you and I just wanted to know who do I bill for my lost time on here with you?
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Sorry Robert. You were right.
Hate is not the word I would use when talking about this disgusting person!
I guess Justice Diane Henson has it all wrong then.
It's time for me to go today, talk to you tomorrow, and have a wonderful evening.
Good evening to you as well; however, we can do without another chat though. No offense.
Enjoy your week.
Good morning to all!
Just one last thing before I call this one quits!
Everyone is so interested in the man accused of the crime, but who is for the little girl who has now been going thru this for 4 years? She is turning 13 this week and the incident happended when she was 9, what about the long couragous battle she has and is still going thru. What about the fact that she does not get closure until this is over, or all the holidays she is missing with her family as a direct result of this case. Who is standing up for the little girl who was brave enough to stand up to a 31 year old marine? It is ridiculous to think that the court system would and do allow for a perp to string out something like this for a period of 4 years, 2 trials and 2 more to go. The accused could keep this in appealte court for many more years to come, and how does that help a little girl get back the innocence that was so violently taken from her at the young age of 9. If it were your child would you be happy with the way the defense in handling the case?
I think it is safe to say all the back and forth fighting is certainly a matter of opinion. The opinion of every individual and which side you have taken, the defendants or the victims.
If you are not emotionally, and/or personally attached to this case then you can't really have a valid opinion for you don't know all the facts.
The defendant did not string this out, the State did.
If you knew enough of the truth, there would be less to remark from your end because ones side of the story does not matter, when it is a lie.
The State waited over 2 years to finally get this to court. The defendant was suppose to go to court not even 7 months after the indictment was processed but the State continued to drag their feet about bringing this before a jury.
As for who is innocent? That little girl knows what she is saying is a lie. Rather she was put up to it or otherwise, she knows what she is saying is not true and the inconsistency in her testimony(s) is that proof.
I have seen cases with a little boy or girl testifying to the like and one thing I have not seen is them laughing and joking, during their testimony, as if it's some big game; however, the alleged victim was doing just that during her testimony, laughing and gigling. One thing is for sure, the line crossed can not be taken back and for that her innocence is truly lost. But not because someone allegedly stole it, but something far more sinister and provoked. Which has nothing to do with the defendant.
It is a shame that is has gone this long, that I will agree with you about; however, no one wants this over with more than the defendant and his family, you can be sure of that.
And that is all that should be said about this.
I thought you were not attached to this case? You are completly wrong on all points and know it is clear you are not just someone who came along this blog. The defendent has prolonged this case as long as he could, aswell as his attorney. I am in constant contact with the prosecution and you are obviously being lied to or you are Edwin Baezotero boz6797
I am the family, or shall I say I was the family to the defendant. Its funny how they are the only 2 that are not in contact with our immediate family. The family is on the child's side. One would find it strange if the child was lying the family still standing by her side, less Kristi and Eddie. As for laughing, their was no one in the court room either trial besides eddie, and I know you were not there. If you want to be his character witness come on, he needs all he can get.
You don't have to be in the court room to know what was said, just like I am sure you were relayed the information as well.
One thing is for sure, it is you that is not clear on your information, especially considering your source.
Your relation to this case is not relevant, as is mine, but like I said earlier, how long do you think you can keep this up? It is obvious that our argument is falling on deaf ears, considering it's the opposing party we are arguing to. Besides I am not sure what you hope to come across as by saying that you "were" part of his family and now not. As if to say that you once believed him and now you don't. Curious...
By the way for your information, this is not Edwin. Wrong again.
By the way, who is boz6797? You ever try google on that word? It is some guy who visited Russia with a brother named Tim. Edwin's brothers name isn't even close to the name Tim and he has never been to Russia.
I can't imagine how you guys came up with that one but I am curious to see how you respond to it.
You are a crazy if you think that I or anyone else ever believed him. When Kristi was called she stopped on the way to Austin to confront him and bought a voice recorder to take home and record the confrontation. I heard the recording did you? If it proclaims his innocence where is it, and why was it not in either trial? Why would a wife tape her husband (the one she trust, loves, believes) and then not present it as evidence on his behalf. He is a liar and always has been. He has always lied to Kristi and all the family; he is a internet porn freak, and a pervert. My information comes directly from both sources in this case, which I know is not true for you. Edwin is a liar and he is the one with no moral compass. All of you sticking up for him, did you know him prior to 12/2004? Kristi and Eddie do not have the loving relationship you all pretend they have, that is a fact, and he is not the honorable man you all claim he is. Has Kristi ever cried on your shoulder? Then SHUT UP
FYI: Anyone who is not on their side, is not part of the family. So Kristi has no family. If you all are so good, why did she not call any of yall when Eddie had her thrown in jail either time?
You should be ashamed of your self.
I cant wait until the media gets a hold of this story, I'm sure the public would like to know just what kind of people come from Jacksonville, NC/Camp Lejeune Marine's. Oh wait we already know, they have been in the news a few times.
I am thru here; you are a waist of time just like all the rest of Eddie’s friends and family. By the way thank you for proving that like Eddie and of his friends are bold face liars to.
Its his e-mail address you idiot. Not hard to figure out. Eddie has made sure that no one could find and/or link him to the porn sites, after all he is a computer wiz.
Good luck Edwin and Kristi.
May you find closure with this case and these people.
tHANK YOU WOLFGANG FOR FINALLY TAKING THIS RUBBISH OFF THE INTERNET. IF A LAWYER WANTS ACCESS TO THIS CASE THEY KNOW WHERE TO FIND IT.IT DOESNT NEED TO BE OUT THERE FOR THE PUBLIC. EDWIN HAS BEEN THROUGH ENOUGH. AND HONESTLY SO HAS THAT POOR GIRL WHO HER MOTHER TRAINED TO LIE. WHAT KIND OF MOTHER ARE YOU. OH YEAH. THE SAME KIND OF MOTHER THAT YOUR DEAD BEAT MOTHER WAS TO YOU. DOESNT SURPRISE ME. PS. KELLY I HAVE KNOWN EDWIN SINCE 1995. i THINK I KNOW HIM PRETTY GOOD. HE IS ONE THE MOST HONEST HARDWORKING FATHERS I HAVE EVER MET. aND I AM HAPPY TO CALL HIM ONE OF MY BEST FRIENDS. YOU ARE JUST JEALOUS OF KRISTI THAT THE FATHER OF HER DAUGHTER STILL LOVES AND CHERISHES THEIR CHILD AND ALWAYS WILL. WHERE ARE YOUR CHILDRENS' FATHER'S? YEP BOTH OF THEM ARE NO WHERE TO BE FOUND. i REALLY FEEL BAD FOR YOUR CHILDREN TO HAVE A MOTHER LIKE YOU BECAUSE I KNOW THEY WILL JUST END UP JUST LIKE YOU. POOR WHITE TRASH.
Who ever all of you are you are truly a sad sad sad part of our community. How could anyone ever think that a mother would train a child to lie, ruin a family, and turn her world upside down? As for their fathers you know nothing, but what Kristi and Eddie tell you. Both of the fathers in this case are very much in their lives and you have no right trying to trash them on the internet. That is truly a discrase to the children.
Maybe some one should mention the fact that the child in this case was at a slumberparty with 15 of her closest friends when she cried out, maybe someone should mention that she has been put through hell and back again. Maybe someone with a heart could shut the fuck up when they don't know what they are talking about. I am getting very pissed off. Kristi and Eddie came over all the time and so did the children to both locations. Alyssa even spent the night with me the night of my child's birthday party right before the first trial. We have pictures of her on my couch with my cats, while Kristi and my other sister went out. Kristia and I went out the night of her birthday to Shady Lady, just prior to the first trial. It was not until the trial got closer that Eddie pulled his shit and forced Krist to choose, and that is not right. eddie nows that without his wife flat out lying that he does not stand a chance in hell, so Kristi lies.
You know nothing about our family or its construction. Kristi cries everynight for her mother the one you say is white trash. Kristi text Brandi all the time, so does Eddie. As a matter of fact Alyssa can come spend the night with Brandi as long as she is on their side.
WHAT THE FUCK IS THAT. THAT IS A SHITTY MOTHER AND FATHER, I WOULD NEVER MAKE MY CHILD THE TROPHY. I HAVE NEVER NEVER NEVER MADE ANY OF MY CHILDREN LIE TO ANY ONE ABOUT ANYTHING. AND I WOULD NEVER USE THEM AS A GOODY FOR GOOD BEHAVOIR.
This case has been handled by many different authorities at least 5
SAPD, WCSD, TCSD, AND CHILD PROTECTIVE SERVICES IN WILSON AND TRAVIS and my child has told what happend each and everytime. That is why Eddie is on trial all 5 authourities are trained in this field and believe her, as do I and the rest of the family. She had her 13 birthday yesterday and last year on her birthday she was in trial with a monster named edwin, and you have the nerve to imply that I choose and make her do this, give me a break. Save us all some time and go to your hold in the earth and die. All of you.
Kristi- I let your friend get away with 123456 of her comments about my truck, leg, and all the other stuff.
(BY THE WAY I DRIVE A BRAND NEW
KING RANCH, AND MY BOOBS LOOK GREAT)
BUT I WILL NOT ALLOW YOU AND YOUR FRIENDS TO TALK ABOUT MOM OR YOUR NIECE LIKE THAT. YOU WILL CONTAIN YOUR FRIENDS LIES OR I WILL MAKE PUBLIC ALL I KNOW ABOUT YOU AND JAPAN, THE OTHER MARINES ROOM, EDDIES SECRETS, AND YOU KNOW WHAT IM TALKING ABOUT. LET IT LIE
You can put me on trial all you want I don't care. Call me I will tell you everything you want to know. What I have or have not done in my past does not give Edwin Baezotero a pass to sexually assault my child.
I think Robert was wrong, this is more like an episode of Jerry Springer.
Drop it already on here. Hell wolfgang even deleted the article to avoid things like this.
Take a hint. Drop it.
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