Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Court admits defense exhibits for appellate record; sets Zoom date for additional expert testimony
Loading...
Summary
The judge admitted two defense exhibits for the appellate record and scheduled further expert testimony by Zoom on May 8; parties discussed logistics for the defendant to view testimony from the county jail and whether the judge will rely on affidavits or in-person testimony.
The 252nd District Court accepted two defense proffered exhibits (defense exhibits 15 and 16, and certain CPS records) into the court file "for appellate purposes only," the judge said, noting she would not consider those documents in making the immediate factual determinations at the hearing. Defense counsel explained the exhibits relate to other children and CPS entries discussed during earlier proceedings and asked the court to place them in the record for the Texas Court of Criminal Appeals.
The court and counsel also set logistics for additional testimony: the parties agreed to take Dr. Othman (called alternately "Ophoven" in argument) by Zoom on Friday, May 8, with a start time of 8:30 a.m. The judge and counsel discussed options for the defendant, who is in custody, to observe the Zoomed testimony either from the courtroom or via the jail's Zoom hookup; the court offered to test the jail Zoom connection in advance.
Why it matters: The record admits specific documents the defense asked to lodge for appellate consideration while the judge affirmed those documents would not be part of her evidentiary determinations at this hearing. The scheduling order sets a date for live expert testimony by remote means, a step that may affect whether the court relies on affidavits or requests additional in-person testimony before issuing findings.
Court directions and next steps: The judge gave herself a deadline of the following Wednesday to decide whether she will require in-person testimony from several additional witnesses or accept their affidavits. If in‑person testimony is needed, the judge said she will adjust her calendar. Defense counsel confirmed availability and the county jail and court staff agreed to verify technology for Zoom access so the defendant can view the testimony.
