Payton and Neeleman Quoted in Houston Chronicle Article Regarding High-profile Murder Trial
Lane Powell Shareholders Gwendolyn Payton and John Neeleman were quoted in a July 19 Houston Chronicle article titled “Attorneys Attack Former Prosecutor in Another High-profile Murder Trial.” The article discussed a case involving pro bono Firm client Howard Guidry, who is sentenced to death in the state of Texas. Guidry had his first conviction reversed and was retried, both times by the same Houston-area prosecutor. Earlier this month, The Honorable Larry Gist found that the prosecutor withheld evidence in another high-profile murder trial and recommended a new trial for the accused. The Lane Powell team alleges that the prosecutor acted in the same manner in Guidry’s case, and that many pieces of evidence were withheld including evidence of other suspects and exculpatory evidence about the murder weapon.
“Of enormous significance was the prosecutor’s testimony at the habeas hearing that apparently favorable evidence did not need to be disclosed if the state did not believe it was true,” Gist wrote.
Lawyers for Guidry say the investigation of the man whose fingerprints were found is just one of the many pieces of evidence that was withheld.
“The trial counsel for sure never got that evidence,” Payton said. “It should have been disclosed under Brady, I don’t think anyone can argue unless you’re using the ‘Kelly Siegler rule’ that she didn’t find it credible.” …
… In what now seems a telling detail, Siegler was able to again get the inadmissible evidence in front of the jury when Guidry was retried.
“The very same evidence that prompted the 5th Circuit to reverse, came right in,” said John Neeleman, one of Guidry’s lawyers. “(Siegler) had absolutely no conscience about it.”