Post by Anja Nieser on Sept 25, 2006 0:45:41 GMT -5
Prosecutors to Try Ex-Nurse in 10 Nocona Patients' Deaths
Prosecutors will try a former nurse in 10 patients' deaths instead of two
at her murder trial next month.
State District Judge Roger Towery today granted prosecutors' motion to
amend 1 capital murder indictment, which charged Vickie Dawn Jackson in
two deaths, to add the other 8 victims' names.
Prosecutors had planned to try Jackson in those two deaths, although she
already had been charged in a total of 5 indictments with killing 10
elderly patients at Nocona General Hospital in late 2000 and early 2001.
Jack McGaughey, district attorney for Archer, Clay and Montague counties,
said he could have presented the other deaths as extraneous offenses. But
he said that when prosecutors have done that in other cases, some appeals
courts have not ruled favorably.
"We feel this puts us in a better proof position," McGaughey said after
the hearing, adding that he will not be able to try her later in those
eight cases individually if she is found innocent. "Jeopardy will attach
to them, but we feel this strategy is worth it."
Jackson, who has maintained her innocence, faces life in prison if
convicted. Prosecutors are not seeking the death penalty.
Towery did not yet rule on a defense motion to call McGaughey as a
witness. Before he was a prosecutor, McGaughey represented Jackson about
10 years ago in a custody dispute with her ex-husband over her 2 children,
who are now adults.
Jackson's attorney Bruce Martin said he wants to call McGaughey if
prosecutors call an FBI profiler to testify about her mental status or
motives.
McGaughey said his previous representation of Jackson was not a conflict
but said he doubted he would be forced to testify.
Jury selection is to start the 1st week of October in San Angelo, where
the trial was moved because of intense publicity in North Texas.
Jackson, 40, is accused of injecting 10 patients - and possibly others -
at the 38-bed hospital with lethal doses of mivacurium chloride, used to
temporarily halt breathing to insert a breathing tube.
Jackson has been jailed since her 2002 indictment in connection with four
deaths, including her third husband's grandfather. She was indicted in
2004 in connection with six more deaths and with injuring an 11th patient
who later died. Evidence also is to be presented in that case, McGaughey
said.
The case has been delayed in part because of budget issues and problems
finding an impartial jury. After a failed jury selection attempt in nearby
Archer City last year, the trial was moved to San Angelo, about 330 miles
southwest of Nocona.
But Towery declared a mistrial in March 2005 after opening statements when
a prosecutor said a motive might never be revealed - not even by Jackson
herself - for the crimes. Martin immediately objected, saying that
indicated Jackson would testify when she is not required.
After the mistrial, Martin filed a motion citing a law that says if a
prosecutor intentionally causes a mistrial, trying a defendant again on
the same charges constitutes double jeopardy.
Towery rejected that motion, and an appeals court later upheld the judge's
ruling, saying the prosecutor's error was unintentional.
(source: Houston Chronicle)
Prosecutors will try a former nurse in 10 patients' deaths instead of two
at her murder trial next month.
State District Judge Roger Towery today granted prosecutors' motion to
amend 1 capital murder indictment, which charged Vickie Dawn Jackson in
two deaths, to add the other 8 victims' names.
Prosecutors had planned to try Jackson in those two deaths, although she
already had been charged in a total of 5 indictments with killing 10
elderly patients at Nocona General Hospital in late 2000 and early 2001.
Jack McGaughey, district attorney for Archer, Clay and Montague counties,
said he could have presented the other deaths as extraneous offenses. But
he said that when prosecutors have done that in other cases, some appeals
courts have not ruled favorably.
"We feel this puts us in a better proof position," McGaughey said after
the hearing, adding that he will not be able to try her later in those
eight cases individually if she is found innocent. "Jeopardy will attach
to them, but we feel this strategy is worth it."
Jackson, who has maintained her innocence, faces life in prison if
convicted. Prosecutors are not seeking the death penalty.
Towery did not yet rule on a defense motion to call McGaughey as a
witness. Before he was a prosecutor, McGaughey represented Jackson about
10 years ago in a custody dispute with her ex-husband over her 2 children,
who are now adults.
Jackson's attorney Bruce Martin said he wants to call McGaughey if
prosecutors call an FBI profiler to testify about her mental status or
motives.
McGaughey said his previous representation of Jackson was not a conflict
but said he doubted he would be forced to testify.
Jury selection is to start the 1st week of October in San Angelo, where
the trial was moved because of intense publicity in North Texas.
Jackson, 40, is accused of injecting 10 patients - and possibly others -
at the 38-bed hospital with lethal doses of mivacurium chloride, used to
temporarily halt breathing to insert a breathing tube.
Jackson has been jailed since her 2002 indictment in connection with four
deaths, including her third husband's grandfather. She was indicted in
2004 in connection with six more deaths and with injuring an 11th patient
who later died. Evidence also is to be presented in that case, McGaughey
said.
The case has been delayed in part because of budget issues and problems
finding an impartial jury. After a failed jury selection attempt in nearby
Archer City last year, the trial was moved to San Angelo, about 330 miles
southwest of Nocona.
But Towery declared a mistrial in March 2005 after opening statements when
a prosecutor said a motive might never be revealed - not even by Jackson
herself - for the crimes. Martin immediately objected, saying that
indicated Jackson would testify when she is not required.
After the mistrial, Martin filed a motion citing a law that says if a
prosecutor intentionally causes a mistrial, trying a defendant again on
the same charges constitutes double jeopardy.
Towery rejected that motion, and an appeals court later upheld the judge's
ruling, saying the prosecutor's error was unintentional.
(source: Houston Chronicle)