The Hearing was not anything special. Nothing more than a boring textbook form, a”Motion to Dismiss”, was filed by the Attorney General’s office. Their main point being that the venue for the case was incorrect.
Lawsuits against the State of Texas under Spence’s claim of “Wrongful Death”, are in Austin, yes, but the “actual innocence” and compensation fall under the “Writ of Habeas Corpus” law. Since the new Habeas Corpus Act in Texas (2013-2015) , which is called THE WRIT OF APOCALYPSE” is so new, there isn’t much Case Law out there and we are, after all, proudly plowing new legal ground.
They don’t quite know where to put a case when it is the first case of Innocence Post Mortem in history. The first where an innocent man went to the Death Chamber.
When Scott Perry, attorney from the Jay English firm, got up and argued venue, he also argued that the AG’s office did not refute anything in the Pleadings of the Lawsuit. Not one fact was disputed. None.
There was an amazed quiet from the audience when Mr. Perry told the Judge that there was still DNA that needed to be run in the case.
The Judge’s eyebrow raised just a bit.
Seems everyone thinks that DNA should be run, especially in such a case.
Michael Hall with TEXAS MONTHLY was there. He went to see Anthony Melendez in prison several times and wrote the compelling “Murders at the Lake”, for TM in 2014.
Anthony Melendez, in a letter from 2015, described how he felt when he got TEXAS MONTHLY and this story through the mail from Michael Hall, “I finally know how the murders happened, now that I read his article”, he said.
We want that DNA run.
We want the tape recordings back from Fredric Dannen.
Every person in that Courtroom knew that not running the DNA from Jill Montgomery’s fingernails was and is a despicable thing.
That the famous, VIC FEAZELL and TRUMAN SIMONS have not demanded the DNA be run to prove THEIR opinion that Spence etc. did do it is more than suspicious.
Unfortunately, Vic Feazell and Truman Simons seem to be so confident of their no evidence mistaken identity murder for hire – oops not case they are not even curious?
Where is the Champion of the Common Man, Baptist Preacher Feazell?
“Courage to do what’s right, not what’s easy”, was his campaign slogan once upon a time.
Vic Feazell and “Lawman of the Year” Truman Simons