Defense exhibits admitted for record, witness represented and unavailable; judge delays trial testimony

SAN ANTONIO — During pretrial proceedings in State v. Tamar McIntyre, the defense placed multiple exhibits into the court record and told Judge Stephanie Boyd that a potential witness had retained counsel and would not testify, prompting a short recess while attorneys tried to contact that witness’s civil counsel.

The court called case 201912495 and the defense told the bench that a man named Richard (Rashard) Horace had told the defense investigator he had information but then advised he had retained counsel and would invoke his privilege. Defense counsel told the court they would not call Horace and tendered recordings and related materials to be placed into the record for the limited purpose of showing the good-faith basis for cross-examination questions posed earlier to a…