TX - Moriah Wilson, Cyclist Fatally Shot Before Race, Austin, #4

[Gypsy Road]

A look at indigent defense in Texas - info from the Texas Association of Counties.

• Texas counties are responsible for the costs of appointed counsel for indigent defendants.
• Providing court appointed counsel for indigent defendants is a major uncontrollable expense in county budgets.
• Since passage of the Fair Defense Act, indigent defense costs have increased 228% from $91.4 million in 2001 to $299.9 million in 2019.
• In FY 2019, the state funded only about 10% while counties contributed about 90% of the total costs.

View attachment 355176

TAC - Texas Indigent Defense

Texas counties are responsible for the expenses associated with appointed counsel for indigent defendants. These costs are a major uncontrollable expense in county budgets. Additional funding is needed to assist counties in offsetting the costs of this significant unfunded mandate.

www.county.org

BBM & summarized in part by me

Thanks. So was she assigned him or did she hire him and then ask to be indigent?

 

[WingsOverTX]

Do most indigent murder defendants get to have 3 seemingly hand picked attorneys representing them? I know Cofer is on the revolving list of defense attorneys who are picked to defend an indigent client when public defenders case loads are full, but he seemed to show up right outta the gate when she arrived in Houston. Was that arranged before she even showed up in Travis country court? Was she granted indigent status on her way to Houston? In Houston? Has she even been granted indigent status?

I don't know all the answers but if Rick Cofer is appointed her attorney by the court & her indigence application is accepted then any counsel in his firm can work on her behalf. Several of them recently signed off on paperwork filed with the court so their representation is on file.

Maybe it is still in limbo. We really need a lawyer in Texas criminal practice to help us clarify this.

MOO

 

[WingsOverTX]

Thanks. So was she assigned him or did she hire him and then ask to be indigent?

IANAL so I don't know how it works, unfortunately. I did find this website.

My Rights | Texas Indigent Defense Commission

www.tidc.texas.gov

 

[WingsOverTX]

Here is a link to the Travis County Indigent Defense Plan, which explains the process.

Of note:
9. A judge may deviate from a rotation system when the judge finds it is in the best interests of all parties concerned. The judge making such appointment shall make a finding setting forth the reason for such appointment in compliance with TCCP, Article 26.04 and will notify Program Administrator of the appointment.

 

[Gypsy Road]

Here is a link to the Travis County Indigent Defense Plan, which explains the process.

Of note:
9. A judge may deviate from a rotation system when the judge finds it is in the best interests of all parties concerned. The judge making such appointment shall make a finding setting forth the reason for such appointment in compliance with TCCP, Article 26.04 and will notify Program Administrator of the appointment.

Thank you WingsOverTX!

 

[BUF]

Do most indigent murder defendants get to have 3 seemingly hand picked attorneys representing them? I know Cofer is on the revolving list of defense attorneys who are picked to defend an indigent client when public defenders case loads are full, but he seemed to show up right outta the gate when she arrived in Houston. Was that arranged before she even showed up in Travis country court? Was she granted indigent status on her way to Houston? In Houston? Has she even been granted indigent status?

We may find out one day, but…

This was posted 7/2/22 when she was brought to Houston after being detained in Costa Rica on 6/29/22, so Cofer was named then.

CBS Austin learned that she will be represented by Texas law firm Cofer & Connelly.

Kaitlin Armstrong arrives in Houston after arrest in Costa Rica, bond set at $3.5M

 

[Seattle1]

Yes, I did notice. That’s a good question about Cofer. And if KA is claiming indigence, will the state pay, rather than her family?

To my knowledge, KA only submitted that her most recent expenses exceeded her income but never did she affirm she wanted counsel appointed for her (because she was indigent). Also, the most she could afford to pay to get out of jail -- including contributions from family and friends, was -0-.

To the contrary, KA has consistently noted that Appointment of Counsel was not being requested by the defendant, and she would hire her own lawyer.

7/2/2022 - Appearing before Harris County Magistrate Judge, Municipal Court, Houston, TX:


^^
7/5/22 - Appearing before Travis County Magistrate Judge, Austin, TX:

Party Information​

Plaintiff	STATE OF TEXAS
Defendant	ARMSTRONG, KAITLIN MARIE	COFER, RICK Retained

^^BBM

Register of Actions

odysseyweb.traviscountytx.gov

 

[di anna]

Looking for a change of venue to come if they won't even allow the media in the courtroom today. I do not understand how that can be suppressed. She was not famous before this accusation surfaced. I am trying to choose my words carefully so I don't get in trouble.

 

[Gypsy Road]

I wonder how Cofer is being paid since KA only receives $500 a month in income. Have he and Howard taken this case on for free publicity? Family paying them? Just thinking out loud.

 

[Seattle1]

I wonder how Cofer is being paid since KA only receives $500 a month in income. Have he and Howard taken this case on for free publicity? Family paying them? Just thinking out loud.

See Travis County 2022 Fair Defense Plan pdf -- more specifically, Appendix pgs 35-47. Eventually, all will come to light. MOO

https://www.traviscountytx.gov/images/courts/Docs/2022-Fair-Defense-Plan_04-08-22.pdf

 

[steeltowngirl]

Oh boy. Just did some reading on the Candy Montgomery case.

Is the defense possibly playing out this alleged vandalism as one of these options:

1. MW broke into CS and KA home, took the gun, and KA went to confront MW, gun appears / tussle / self defense. (Gun appeared back at the house, so illogical).

2. Some other guy, ex-bf of MW broke in to the home of CS and KA, stole the gun and used it on MW?

Or some version of one of the above?

jmo

 

[BUF]

Oh boy. Just did some reading on the Candy Montgomery case.

Is the defense possibly playing out this alleged vandalism as one of these options:

1. MW broke into CS and KA home, took the gun, and KA went to confront MW, gun appears / tussle / self defense. (Gun appeared back at the house, so illogical).

2. Some other guy, ex-bf of MW broke in to the home of CS and KA, stole the gun and used it on MW?

Or some version of one of the above?

jmo

I hope not.

 

[SMK777]

Oh boy. Just did some reading on the Candy Montgomery case.

Is the defense possibly playing out this alleged vandalism as one of these options:

1. MW broke into CS and KA home, took the gun, and KA went to confront MW, gun appears / tussle / self defense. (Gun appeared back at the house, so illogical).

2. Some other guy, ex-bf of MW broke in to the home of CS and KA, stole the gun and used it on MW?

Or some version of one of the above?

jmo

Unfortunately I think Cofer is an aggressive power attorney who has little regard for truth but is determined to continue his winning streak. He wants a big win with this high profile case, and if he has to make Mo and her exes the villains to raise reasonable doubt, he will. He would never in a million years advise KA to take a plea deal. He wants a win. So yes, he’s going to try those scenarios you propose.

 

[Seattle1]

Rick Cofer's earlier website before joining personal Cofer & Connelly in 2022 is a bit more revealing about his political ambitions and advocacy for defendants with mental health issues. Hmmm...

IMO, KA's "smash and grab" persona and her high-profile case played right into his interest and long-range plans. JMO

Welcome to boutique lawyering...

Rick Cofer | Austin, TX Attorney, Dog Lover, and Advocate

I’m Rick Cofer, and for twenty years I’ve lived and worked in Austin, TX, and the Texas Hill Country, as a student of UT, and Austin attorney.

rickcofer.com

 

[SteveP]

Looking for a change of venue to come if they won't even allow the media in the courtroom today. I do not understand how that can be suppressed. She was not famous before this accusation surfaced. I am trying to choose my words carefully so I don't get in trouble.

I'm not certain that the defense would want a change of venue. Travis County is, by far, the most liberal county in Texas, with what I assume is probably a younger and more educated population than lots of other counties. I think those factors may work in KA's favor when she goes to trial, including having maybe a jury pool more receptive to the idea of police misconduct or incompetence, or possible mental illness of the defendant, and perhaps even a jury more likely to acquit or be hung. JMO completely.

 

[SteveP]

Oh boy. Just did some reading on the Candy Montgomery case.

Is the defense possibly playing out this alleged vandalism as one of these options:

1. MW broke into CS and KA home, took the gun, and KA went to confront MW, gun appears / tussle / self defense. (Gun appeared back at the house, so illogical).

2. Some other guy, ex-bf of MW broke in to the home of CS and KA, stole the gun and used it on MW?

Or some version of one of the above?

jmo

This case is going to have the SODDI defense written all over it. JMO

 

[di anna]

I'm not certain that the defense would want a change of venue. Travis County is, by far, the most liberal county in Texas, with what I assume may be a younger and more educated population than lots of other counties. I think all of those factors may work in KA's favor when she goes to trial, including maybe a jury pool more receptive to the idea of police misconduct, or possible mental illness of the defendant, and perhaps even a jury more likely to acquit or be hung. JMO completely.

 

[di anna]

You are correct, hadn't even thought of all that.

 

[steeltowngirl]

For those that don’t use Twitter, here is a rundown of today’s KA hearing tweets from Katie Hall / Statesman.

Katie Hall

@Katie_Statesman
·
7h

I'm here at Kaitlin Armstrong's arraignment — her first court appearance since her arrest in the death of Moriah Wilson. Judge Brenda Kennedy is not allowing media to take photos/video in the courtroom. Past reporting from
@AutulloAAS
here:
https://t.co/D2i8Bl7JVf
statesman.com
A new name and new life: How Kaitlin Armstrong disappeared — and how she was found
Kaitlin Armstrong, an Austin woman accused of killing cyclist Moriah Wilson, was arrested in Costa Rica after six weeks on the run. How was she found?






Katie Hall

@Katie_Statesman
·
6h

Armstrong pled not guilty, then an unusually testy exchange went down between Judge Kennedy, prosecutors and the defense. Armstrong's defense attorneys have filed a motion for a speedy trial, so Judge Kennedy set a trial date for mid-October.





Katie Hall

@Katie_Statesman
·
6h

"The district attorney chose to indict this case," Armstrong's attorney Rick Cofer said. "If the district attorney chose to indict this case without evidence to indict this case, that's on the district attorney."






Katie Hall

@Katie_Statesman
·
6h

Prosecutors said they will be ready to go to trial in Oct if that's what the judge decides, but pointed out that both sides are still waiting on some evidence. Prosecutor Ricky Jones also said this seemed like privilege on Armstrong's part, for her case to go ahead of so many.






Katie Hall

@Katie_Statesman
·
6h

If defense attorneys at the last minute try to delay the trial, "we're going to strongly oppose it," Guillermo Gonzalez said.






Katie Hall

@Katie_Statesman

So, at this point, the trial is set for Oct. 24 (with prosecutors & defense meeting in court a few days before to finalize plans).


1:31 PM · Jul 20, 2022·Twitter Web App

https://twitter.com/Katie_Statesman/status/1549809231104204801/retweets/with_comments

 

[JerseyWasHome2]

I'm not certain that the defense would want a change of venue. Travis County is, by far, the most liberal county in Texas, with what I assume is probably a younger and more educated population than lots of other counties. I think those factors may work in KA's favor when she goes to trial, including having maybe a jury pool more receptive to the idea of police misconduct or incompetence, or possible mental illness of the defendant, and perhaps even a jury more likely to acquit or be hung. JMO completely.

Totally get that. On the other hand, I've read that Austin has a huge cycling community who has been traumatized by this, so many there would be aware of details of the case and she may not get a "fair" trial from jurors who are unaware of the specifics, if jurors were pulled from the immediate area. Just MO, based on what I've read of the various rides where the Austin community has pulled together in Moriah's honor.