Legal Expert weighs in on the first half of Twin Peaks Trial

Jasmin Caldwell reports.

WACO - The trial for Dallas Bandido Christopher Jake Carrizal is on pause. A new audio recording has delayed court until Monday, meaning the rest of the trial could take weeks. Channel Six Legal Expert Liz Mitchell said Judge Matt Johnson did the right thing by delaying the trial.

She said in large cases like this one, it is not unheard of for the state to hand over evidence later than required. When that happens, the judge has two options - He can not allow the evidence, or, he can give the defense time to review it. In this case, he's giving defense attorney Casie Gotro time to go through it and identify a person on that recording, so she can mount the best defense for her client Christopher Jake Carrizal.
     

When the trial resumes, she'll go through several days of defense testimony. After that, both sides get to make closing arguments. Then, the judge will do something called charge the jury.

“That is the instruction that goes to the jury,” Legal Expert Liz Mitchell said. “When they go back to deliberate it outlines the charge to the defendant standing trial, and all the legal terminology and definition that they need.”

Mitchell said there are a lot of elements and moving parts in a trial of this magnitude. Unlike the state, the defense does not have to turn over evidence. Going forward, the state will be seeing Gotro's evidence for the first time.

Mitchell said the state must prove this case beyond a reasonable doubt, and believes the state has met that burden. She said defense attorney Casie Gotro could have moved for a directed verdict, which means if Gotro felt like the state failed to convince beyond a reasonable doubt, she could have rested and brought the case to the jury. Instead she chose to present some evidence of her own. Mitchell believes so far, the evidence supports the charge of engaging in organized crime.

“I believe they put on witness testimony, physical evidence, forensic evidence that does support that charge,” Mitchell said. “Now it’s up to the defense to raise reasonable doubt, to raise questions in the mind of those 12 jurors.”

The trial has been delayed until 9:00 a.m. Monday November 6.

© 2017 KCEN-TV


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