Wednesday, September 14, 2016

Attorney Ernesto Gamez Flops, Fails and Falls Down in Second Hearing to Throw Out Hit-and-Run Case

Brownsville Attorney Ernesto Gamez (on the right)
Attorney Ernesto Gamez, once recommended for a $50,000 retainer by con-artist Carlos Quintanilla, to a local mother wanting to get her son off the hook for murder, now fights like the pedestrian lawyer he is, to get the hit-and-run case against Marisa Govea Hernandez thrown out.


Judge René De Coss
It's not like the old days when judges like Abel Limas could be slipped a couple grand for a little consideration.  Now, in Judge René De Coss's 445th District Court, Gamez must present actual legal arguments. So far, Gamez is batting 0-4 in attempts to have the case against Marisa Govea Hernandez in the 2/28/15 hit-and-run death of Mary Tipton, thrown out.


Marisa Govea Hernandez
At the August 30, 2016 hearing, Gamez started with a frontal attack, claiming Judge De Coss himself hadn't signed all the orders of the court. The judge quashed that with a simple "not true."

Next up, at the last hearing, was Gamez claim that the Brownsville Police Department's amateurish mishandling of a security camera tape, showing the entire 2/28/2015 accident, inexplicably reducing the original tape from 3 days to 30 seconds(way to go, BPD!) prevented Gamez from "confronting" BPD Detective Thomas Clipper about contradictory statements made concerning the case.  


BPD Detective Thomas Clipper
Gamez 3914 motion to throw out the case included the claim that the missing evidence would prevent him from showing that his defendant's 911 call resulted in a police officer scouring FM 803 "to the left and the right" with his "cop lights." That, according to Gamez, was part of the defendant's "attempt to render aid" that, now could not be demonstrated because of the BPD's inept, irresponsible control of evidence.

Attorney Gamez took another tact in today's hearing, but was no more successful.  He tried to argue that a proposed $10.3 million dollars in approved funding by the Texas Department of Transportation for upgrades to FM 803, the road on which Mary Tipton was struck, proved the road to be "unsafe" and that there had been "multiple fatalities" on the road.  When Judge René De Coss
asked Gamez if the court had that evidence, he turned to lead prosecutor Oscar Guzman, saying: "he knows about it."  De Coss was not buying.

Something I missed:  Attorney Gamez mumbled something I simply could not hear.  After the hearing, I was informed that he had implied that the husband, Ralph Tipton, could very well have been the one to have tossed his wife's body into the ditch along FM 803.  Judge De Coss was having not entertaining that.  By several accounts, Tipton was in Houston when his wife was murdered.

0-4, Gamez.

Meanwhile, my Facebook account received a message from a "Norma Guevarra," with a front and back copy of a protective order filed by Mary Tipton against her husband, Ralph Tipton, in 2013. The complaint, filed by Mary Tipton, in her handwriting, claims "15 years" of physical abuse, causing bodily injury by Ralph Tipton, death threats and verbal abuse. 

The communication from "Norma," began with:

"I dont want to take much of your time nor do i need or want you to post this but this is for you to read so you know the type of person you are supporting!"

But, a few minutes later, when "Norma" noticed I'd not posted the protective order on my blog, she took a different tone:

"Why do you only share his side with no evidence? Yet i provide you with all the evidence and facts and you dont post them?"

The obvious point is:  Ralph Tipton may have been an abusive husband, but that's irrelevant to the case.  His wife was struck by a driver, who, allegedly, did not stop and render aid.  Her body was found in a ditch three days later.  Whether or not Ralph Tipton was an abusive husband has nothing to do with that.

This case has not been one of the district attorney's office's finest.  Most of their evidence against Marisa Govea Hernandez, has been furnished in depositions by the husband of the victim, Ralph Tipton.  Those depositions, called "third party," by Judge De Coss, may subsequently be thrown out.

Luis V. Saenz' office seems to have not done an investigation of their own.  Rumors that the office has stumbled onto evidence of something in Marisa Govea Hernandez' background that gives her greater "capacity to engage in further criminal conduct" are unconfirmed.  

8 comments:

  1. 9/13/2016 Motion
    State's Notice of Extraneous Offeses, the state is alleging three car accidents of which 2 they can prove she was the cause. This is for sentencing only

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  2. Okay the notice is bogus and worthless. It was a game by Saenz to make it appear like he is working the case when he is not. the others acts must be criminal acts or acts for which they could have been convicted of a crime beyond a reasonable doubt. Car accidents do fall within this group. Saenz knows this and is just playing to an ignorance audience to protect his pathetic reputation. the law: Sec. 3. Evidence of prior criminal record in all criminal cases after a finding of guilty.
    (a)(1) Regardless of the plea and whether the punishment be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried, and, notwithstanding Rules 404 and 405, Texas Rules of Evidence, any other evidence of an extraneous crime or bad act that is shown beyond a reasonable doubt by evidence to have been committed by the defendant or for which he could be held criminally responsible, regardless of whether he has previously been charged with or finally convicted of the crime or act. A court may consider as a factor in mitigating punishment the conduct of a defendant while participating in a program under Chapter 17 as a condition of release on bail. Additionally, notwithstanding Rule 609(d), Texas Rules of Evidence, and subject to Subsection (h), evidence may be offered by the state and the defendant of an adjudication of delinquency based on a violation by the defendant of a penal law of the grade of:

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  3. Interesting the video was tampered with by the police, is it a fact, that one of the criminal's son works with the police? How did the son's girl friend get a copy of the protected order? Did she get a copy from her police boyfriend? How is it that a third party such as the girlfriend be allowed court documents and defendant not? Gamez just got caught with his pants down to his knees, because now he has implied that Mary Tipton's body "maybe was tossed in the ditch by Ralph Titon. The can of worms just got bigger because now he, himself, admits some cover-up was committed. Keep in mind that a dead body becomes very heavy so Marisa, (unless she was a bodybuilder), could not have carried the body herself. Now, had it been an animal such as a skunk maybe. The question is " who moved the body from the crime scene and tossed it in the ditch?". This indicates that a lot of evidence was tempered with. I wonder how Gamez would have reacted had it been his daughter instead of Mary Tipton. The fact is Mr. Gamez, she was someone's daughter too, she deserves the same JUSTICE as you would have wanted. This is my opinion

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  4. In reference to above comment -"could it be that the video camera identified who moved the body of Mary Tipton/" Three days worth of video reduced to three seconds means a lot was recorded video or evidence was intentionally tampered and removed.

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  5. Don't understand why the police would want to reduce the video to whatever they did. Why not keep the original as is, because it's evidence and make an extra copy with what they think they needed. That way if they needed more, they can always go back to the original. I'm no law enforcement officer, but I think that's what a smart person would have done.
    Can anyone answer WHY! they reduced the video to almost nothing?

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    Replies
    1. Probably to protect the person that moved the body to the ditch, in an attempt to gain time before reporting the accident to police.

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  6. These palm greasers had to pay big for that amount of evidence to go away. Shit this cover up spans several Cameron County Law Enforcement Agencies; Sheriff Department is involved, Brownsville Police Department, Cameron County District Attorneys Office......there are too many high positions that allowed gross acts of misconduct from the beginning of the phine call from Govea to her son the Sheriff Deputy. Greasing palms and doing away with evidence is nothing new in Cameron County; neither is gross negligence on behalf of the prosecutors office on all of the unnecessary deaths due to repeat DWI offenders. This judicial MISCONDUCT needs to be addressed before more innocent people die because Luis Saenz doesn't prosecute people like his niece and nephew

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  7. Love it Anonymous 7:34pm

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