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Winkler County Attorney Scott Tidwell Trial Begins Sept 26 In Howard County [VIDEO]
The second of three trials of Winkler County ‘good ol’ boys’ is set for September 26th in Howard County, Texas, the location a judge’s choice based on a change of venue necessity since Winkler County was obviously inappropriate. After all Tidwell is still the attorney for the county if that can be believed.
Tidwell is charged with two class 3 felony counts each of retaliation, misuse of official information and 2 misdemeanor official oppression. He is the second of four charged to go to trial, after former sheriff Robert Roberts and before Dr. Rolando Arafiles. The fourth, former Winkler County Memorial Hospital (WCMH) Administrator Stan Wiley turned state’s evidence in exchange for a greatly reduced plea agreement. Robert’s was found guilty on all counts and is currently incarcerated in what was formerly his jail, for 100 days. As a result of his conviction he was stripped of his law enforcement officer certification and fired from his job as sheriff.
The three were charged in connection with the whistleblowing scandal of two WCMH nurses, who reported Arafiles’ substandard practices to the Texas Medical Board. The two nurses, Anne Mitchell and Vicki Galle, were charged with the same felony misuse of official information after Arafiles complained to his buddy the sheriff. Mitchell was acquitted after an absurd criminal trial and a speedy jury deliberation. Charges were dropped against Galle just before trial without explanation.
You can access the most complete coverage on the web of the Winkler County saga right here on our special Winkler County Page!
From Odessa Online by Jon Vanderlaan:
Prosecutor David Glickler and defense attorney David Zavoda each gave suggestions for where the trial might be held, but neither mentioned Howard County as their top pick.
Glickler said Midland County would be ideal, as Ector County separates the two counties. But Zavoda said no county would be immune to the media coverage and biases by residents, so they might as well have the trial in Winkler County to make logistics easier.
“I find it preposterous to think that we can find a fair jury when the defendant himself moved the nurses trial to Andrews,” Glickler said.
Tidwell, who was the prosecutor in the trial against Mitchell, agreed to move her trial to Andrews County to avoid publicity.
Zavoda said Tidwell should be able to have his trial in Winkler County because it is where he lives.
“Mr. Tidwell has a right to be charged by a jury of his peers,” he said. “If the state is concerned that Mr. Tidwell cannot get a fair trial in Winkler County, we relieve them of that burden.”
Moore recalled that former Winkler County nurse practitioner Naomi Warren had influence over as many as 600 patients who followed her when she moved to Monahans, and he guessed many of them retained residency in Winkler County. Moore said he believed it was possible to find 14 fair jurors in Winkler County — but not likely.
“Gentlemen, I just think this thing has been the subject of too much talk, too much publicity,” he said. “We’re going to move it.”
Moore also said Tidwell being a public servant in Winkler County contributed to his decision to move it.
Zavoda’s second choice was Crane County, where he said a small community separated from much of the talk would be the best insulated from publicity.
However, because the two attorneys could not agree on a location, Moore moved it to his home county, where he served as a judge before retiring.
Moore also said he would be surprised if the trial was finished as quickly as the trial of former sheriff Robert Roberts, whose trial lasted a week and a day on the same charges as Tidwell.
“I have a feeling it is going to be very contentious from the get-go,” he said.
http://lawmedconsultant.com/tidwelltrial.flv
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