Judge Banales Reaffirms Gag Order in Marisa Hernandez Hit-and-Run Case

Judge J. Manuel Banales

Judge J. Manuel Banales of Corpus Christi did something Friday morning few political figures do.  He apologized.

"I apologize for the delay," began Judge Banalas, appearing at 10:20 AM for a hearing scheduled for 9:00 AM in the 445th court.

"I was held up for 1-1/2 hours on I-69 by an accident involving an 18 wheeler."

The judge initiated the hearing by calling Ralph Tipton, the husband of Mary Tipton, who was struck down by a car driven by Marisa Hernandez on FM 803 on 2/28/15.

"Is the surviving spouse of the victim in the courtroom?" asked Banales.

Ralph Tipton

Ralph Tipton came forward, fielding questions from Defense Attorney Ernesto Gamez.  The exchange was mostly inaudible from my front row seat, but I picked up a few sentences.

"Are you aware of an order to not talk about this case?" asked Gamez.

"I learned about it two minutes ago," responded Tipton.

Judge Banales weighed in:  "The law requires this case be tried fairly.  Anyone who does something to impinge this case, even a victim of this incident faces consequences.

I'm reaffirming a gag order in this case including any statement on the internet, twitter or social media.  If you violate that order, you can be found to be in contempt of this court, subject to incarceration up to 180 days and a fine of $500 for EACH violation.  Ten violations could result in 10 times 180 days or 1,800 days, several years, in jail."

Then came Banales' most ominous warning to Tipton:  "If this case goes to court and the defendant is found guilty, your conduct could result in a mistrial.  We'd have to do this thing all over again."

Mary Tipton, AllegedVictim of Hit-and-Run

While Ralph's anger is totally understandable, he's been his own and the case's worst enemy with his all caps rants on Facebook, railing at every local official for corruption, frequently overstepping the understanding of presumed innocence until proven guilty.

But, consider these known facts:  His wife was struck by a vehicle whose driver did not stop and render aid.  The Brownsville Police Department did not even interview the driver of the vehicle, instead taking a statement from her son, who happens to be a Cameron County Sheriff's deputy. 
A warehouse security videotape, in the control of the Brownsville Police Department was reduced in length from three days to 30 seconds and subsequently viewed as "insufficient" by Judge De Coss.  The Cameron County Sheriff's Department investigation can best be described as reluctant, with much of the evidence provided by the victim's husband.  How could Ralph not possibly be angry?

I simply could not stay for the entire hearing.  Jack was not allowed in the courtroom and two hours of monitoring taxed the energy of his grandma.

When a BPD officer told us we could not bring a child into the courtroom, Jack told his grandma:  "That's so rude to kick a kid out who just wants to learn things."