Found Deceased TX - Marisela Botello, 23, visiting Dallas from Seattle, 5 Oct 2020 *arrest*

[Niner]

Court site is not updated yet with a new hearing date - but the other site has this.
I can not copy/paste from this court site - so just typing it out with a link.

for Beltran:

2/13/23: Beltran filed (by Myra McIntosh) Motion for the appointment of an investigator.

link: https://obpublicaccess.dallascounty...ViewDocument&overlay=Print&overrideFormat=PDF

and

2/15/23: Order appointing Keroy Knowling as investigator; not to exceed $1500 without prior Court Approval by Judge Amber GIvens.

link: https://obpublicaccess.dallascounty...iewDocument&overlay=Print&overrideFormat=PDF\



For Marano:

2/15/23: Marano filed motion to suppress: Search warrants & arrest warrants. (Exh. A SW 10/31/20 @ 3113 Kensington Drive & Exh. B SW on 12/23/20 @ Kensington Drive. Exh. C SW 12/31/20 on 2014 Audi A6 Prestige, Exh. D SW 3/31/21 Marano's 3 cell phones, Exh. E Arrest Warrant for Capital murder reduced to murder & Exh. F AW for tampering with evidence. Filed by Heath Harris.

link: https://obpublicaccess.dallascounty...ViewDocument&overlay=Print&overrideFormat=PDF

and

2/15/23: Motion to Dismiss for spoliation of evidence & violation of Brady & the Michael Morton Act. Filed by Valerie Baston & Heath Harris.

link: https://obpublicaccess.dallascounty...ViewDocument&overlay=Print&overrideFormat=PDF



and no motions filed by Dykes.

 

[Niner]

This is what the court site has for Beltran. I am going to put him on 3/22 until it changes.

Beltran:

B060
SET FOR DATE 032223 SET FOR TIME 0830 SET TYPE HEAR PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS TRIALANNO_____________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

B060
SET FOR DATE 032723 SET FOR TIME 0800 SET TYPE TRIAL PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS ______________________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

link: https://www.dallascounty.org/criminalBackgroundSearch/defendant_detail?ln=04


Marano - ?? showing trial next... but I doubt it.

B060
SET FOR DATE 021323 SET FOR TIME 0830 SET TYPE HEAR PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS DISCOVERY_____________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

B060
SET FOR DATE 032723 SET FOR TIME 0800 SET TYPE TRIAL PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS ______________________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

link: https://www.dallascounty.org/criminalBackgroundSearch/defendant_detail?ln=02


and no update for Dykes.

And nothing updated on the motions court site.

 

[PommyMommy]

@Niner, this article is paywalled but we are allowed to summarize: The defense filed a motion to dismiss the murder and tampering with evidence charges against Marano. The judge said she’ll rule on their request on the day of trial, which she set this week for March 27.

FEB 17, 2023

Dallas murder case could be in jeopardy after detective holds back, loses evidence

A three-day hearing this week revealed that a Dallas murder case could be in jeopardy after a police detective held back hundreds of pieces of evidence and...

www.dallasnews.com

ETA: The full article is available at the link below.

Hinterland Gazette

Latest news stories

hinterlandgazette.com

 

[Niner]

@Niner, this article is paywalled but we are allowed to summarize: The defense filed a motion to dismiss the murder and tampering with evidence charges against Marano. The judge said she’ll rule on their request on the day of trial, which she set this week for March 27.

FEB 17, 2023

Dallas murder case could be in jeopardy after detective holds back, loses evidence

A three-day hearing this week revealed that a Dallas murder case could be in jeopardy after a police detective held back hundreds of pieces of evidence and...

www.dallasnews.com

ETA: The full article is available at the link below.

Hinterland Gazette

Latest news stories

hinterlandgazette.com

Boy - what a mess!!!

The court site still has 3/27/23 trial for Marano as the next date, Beltran still on 3/22/23 as next & Dykes has nothing after 2/13/23. (see post #622)
I will check it out again on Monday to see if there are some updates.

 

[Niner]

Still no updates in the court site.

Has anyone seen anything "new" for their next court date? TIA if you have!

 

[PommyMommy]

Still no updates in the court site.

Has anyone seen anything "new" for their next court date? TIA if you have!

I haven't, but I'm on the lookout!

 

[Niner]

and - just got an alert! Google must be following me...

5 things to know about Dallas police’s 52,000 untagged files and how it could impact cases

Last week, a Dallas police assistant chief alerted his majors and deputy chiefs that the department may be in violation of state laws about turning over...

www.dallasnews.com

Feb. 21, 2023
.....
During the three-day hearing last week, police revealed nearly 500 videos were not given to prosecutors before the scheduled trial and 18 videos were deleted because they were either not categorized or saved correctly. The judge is expected to rule on whether to dismiss the case at the next trial setting, March 27.


Looks like from the article that only Marano will be in court on 3/27, but not trial as the court site says. So will put her there & wait & see what Dykes' court site will say. Still has 2/13/23 on it as of this morning.

 

[Niner]

Update for Dykes

Personally I believe it is NOT trial as it says - but the motions discovery hearing on all this evidence not complied with. Since the Judge severed their trials.


B060
SET FOR DATE 021323 SET FOR TIME 0830 SET TYPE HEAR PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS DISCOVERY_____________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

B060
SET FOR DATE 032723 SET FOR TIME 0800 SET TYPE TRIL PASSED TO DATE ______
SET DISPOSITION CODE __ PASSED GENERALLY _ COMMENTS W/COMPANION___________
STATES RECOMMENDATION __________________ KIOSK ___ REC NO 01 _

link: https://www.dallascounty.org/criminalBackgroundSearch/defendant_detail?ln=02

 

[PommyMommy]

FEB 23, 2023

District Attorney reviewing Dallas police file storage procedures

The Dallas County DA's Office is working with police to sort through thousands of uncategorized digital files that may contain important investigative information.

www.cbsnews.com

The Dallas County DA's Office is working with police to sort through thousands of uncategorized digital files that may contain important investigative information.

In a statement released Thursday, Dallas DA John Creuzot said he is engaging in "constant dialogue" with Dallas police Chief Eddie Garcia regarding the situation.

[...]

Creuzot also said that his office is working with the department to run a complete audit of the files associated with the cases Detective Christine Ramirez led or was involved with, including a case involving a Seattle woman who was allegedly stabbed to death by two women in Dallas in 2020.

In a Feb. 15 hearing, Ramirez admitted to improperly storing files associated with Nina Marano's case. Those files may have been permanently deleted, and the defense has asked for the case to be dismissed.

[...]

 

[PommyMommy]

FEB 23, 2023

Dallas DA Calls for Wider Review of Dallas Police Evidence Problems

Dallas County District Attorney John Creuzot Thursday announced an audit of every case touched by a Dallas Police detective involved in a high-profile murder case that defense attorneys want to be dropped over missing evidence.

www.nbcdfw.com

Dallas County District Attorney John Creuzot Thursday announced an audit of every case touched by a Dallas Police detective involved in a high-profile murder case that defense attorneys want to be dropped over missing evidence.

[...]

The new case in the 282nd District Court is a pending trial for the 2020 murder of Marisela Botello Valadez. ...

[...]

“Whether it's material to the court, material to the defense material to the state, we'll never know that because we don't have it,” Harris said.

In court records, Harris said 18 videos recorded as evidence at the Mesquite house where the murder allegedly occurred have disappeared.

[...]

Separately from Ramirez, Police also confirm they have another data issue under review with 52,000 files that were improperly cataloged. In an email Thursday, police said the number of files still in question is down to 13,000.

[...]

(You are spot on, @Niner, WHAT A MESS!)

 

[Niner]

Geez... I sure HOPE they do NOT dismiss the murder charges! Now that would be a tragedy.....

 

[PommyMommy]

FEB 24, 2023

Dallas detective allegedly deleted videos from murder case, hundreds of cases now under review

The Dallas County District Attorney's Office is auditing all of the police detective's cases. DA John Creuzot says what they find could make people eligible for new trials.

www.fox4news.com

[...]

According to Marano's attorneys, some evidence wasn't turned over to them and other videos were deleted.

"We have an officer we went to several times, different prosecutors, and asked ‘are these all of the files?’ and the answer was yes. That was her answer. Reality was no, and far from it," said Creuzot.

The DA's office is reviewing all cases connected to detective Christine Ramirez.

Dallas police have opened an Internal Affairs investigation into Ramirez.

In a court filing, Marano's attorneys have asked a judge to toss the case writing, "Whether it is gross negligence or intentional acts by the Dallas Police Department, the dismissal of the indictment with prejudice is the proper remedy."

[...]

 

[Niner]

Looks like they both had a hearing regarding indigency on 3/3/23. Court site still has just 3/27/23 listed. Both turned down on indigent defendants.


can not copy/paste this link.

for Marano:

Results:
Judgment/Filed Date Document Type Comment
3/3/23 Order-Appoint Investigator

3/3/23 Findings sheet

3/3/23 Motion-Misc. crim w/proposed order

3/1/23 Motion-Appoint investigator w/proposed order

3/1/23 Pass slips (this was for hearing on 3/3/23)

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/


for Dykes:

Results:
Judgment/Filed Date Document Type Comment
3/3/23 Order-Appoint Investigator

3/3/23 Findings Sheet

3/2/23 Pass slips (for hearing on 3/3/23)

3/1/23 Motion-Appoint Investigator w/proposed order

3/1/23 Motion-Misc. Crim w/proposed order

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/

 

[PommyMommy]

MAR 8, 2023

Video files missing from the Dallas Police Department could jeopardize criminal convictions

The Dallas Police Department is downplaying the possibility that thousands of missing video files will jeopardize recent or future criminal convictions.

www.cbsnews.com

[...]

A judge's decision to delay the murder trial of a woman accused of killing Marisela Botello turned a spotlight on a problem inside the Dallas Police Department.

Digital files containing mostly videos and photos related to the case were not turned over to the defense as required by the court.

That's because those files were missing along with as many as 52,000 others related to other criminal cases.

[...]

"This evidence that's been lost will be a relevant form of cross examination for the detectives, for a good defense attorney to attack the credibility of the investigation," Shook said.

There's concern that the missing files could cause the recent convictions of violent criminals to be overturned.

[...]

 

[Niner]

Well there is NO way trial is starting on 3/27/23 for anyone in this case.
Both Marano & Dykes are asking for court appointed lawyers....

Docket update:

Marano:

Results:
Judgment/File Date Document Type
3/6/23 Election of Counsel (Marano's request for appointed lawyer).

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/



Dykes:
Results:
Judgment/File Date Document Type
3/6/23 Election of Counsel (Dyke's request for appointed lawyer).

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/



Beltran:

Results:
Judgment/File Date Document Type Comment
3/13/23 Motion-Adopt pleadings-Crim Plead DC W/Proposed Order

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/


In the motion - it says "Defendant prays that the Court allow....

 

[PommyMommy]

Murphy's Law comes to mind here. "Anything that can go wrong will go wrong."

Gah!

 

[Niner]

Update on motions filed:

Beltran, Marano & Dykes

Judgment/File Date Document Type
3/16/23 Motion-Recusal-Crim Plead DC

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/

link to motion:

https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/PublicAccessProvider.ashx?action=ViewDocument&overlay=Print&overrideFormat=PDF

 

[PommyMommy]

Update on motions filed:

Beltran, Marano & Dykes

Judgment/File Date Document Type
3/16/23 Motion-Recusal-Crim Plead DC

link: https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/

link to motion:

https://obpublicaccess.dallascounty.org/PublicAccessEP1/CriminalCourts/PublicAccessProvider.ashx?action=ViewDocument&overlay=Print&overrideFormat=PDF

I can't get the pdf to open, Niner. Do you have the case # handy for the first link? TY

 

[Niner]

I can't get the pdf to open, Niner. Do you have the case # handy for the first link? TY

Oops - sorry - they are all on each one of the them

F2175474, F2175475 & F2175476

 

[PommyMommy]

Oops - sorry - they are all on each one of the them

F2175474, F2175475 & F2175476

Thank you, Niner. When I saw the Motion for Recusal I assumed this was more legal wrangling by the Defense, but nope. The Motion to recuse Judge Givens was filed by the Prosecution due to the Court's (alleged) lack of impartiality as well as the Judge's (alleged) personal bias. All of this stemming from the series of recent discovery hearings. Again, what a mess. MOO