Innocentdefendant

After two mistrials resulting from hung juries, the appellant was convicted of capital murder in the third trial. One of the main differences between appellant’s third trial and the prior two trials was blood and DNA evidence discovered by Officer Celestina Rossi. Appellant filed a motion for a new trial and requested a hearing, arguing that the State failed to provide him with Brady information. Specifically, appellant argued the State failed to provide him with a complaint filed with the Texas Forensic Science Commission accusing Rossi of planting blood.

"The trial court’s court coordinator shall set a hearing date and notify the parties of the date and time of the hearing."