Attorney Jimmy Phillips Jr. and Attorney Katherine Scardino represented one of two in­mates attempting to escape from a work project in a Huntsville prison unit where 80 inmates were working.

During the escape the co-defendant was trying to leave the area in a stolen truck, coming in contact with a guard who fell from her horse, hitting her head on a rock which resulted in a fatal injury. The case is quite old and the co-defendant has already been executed.

The first trial for our defendant resulted in an instructed verdict of Not Guilty. The Huntsville District Attorney’s Office was trying to have the 2nd Trial in Huntsville.

The Fair Trial Inquiry

Investigator Keith Kucifer spent a great deal of time in the Huntsville area inter­viewing and obtaining affidavits from local residents who be­lieved that Falk would most likely not receive a fair trial in Walker County.

The basis of their opinion centered around the fact that the prison system employs over 6,000 Walker County residents and the area depends greatly on the economic benefit from having so many prisons in the area.

Investigator Kucifer also did extensive re­search in which we subpoenaed news articles, county budgets, and a number of statistical sources that supported our witnesses’ positions.

Keith also obtained affidavits from 15 Walker County residents who stated they believed that the defendant could not receive a fair trial in Walker County. A number of our witnesses testified at the hearing, along with Keith who testified regarding his re­search.

Although the Judge did not make an immediate decision on the day of the hearing, he later ruled in our favor, moving the trial to Montgomery County. Since the Montgomery County dockets were too full the case is scheduled to be tried in Angelina County next year.

RESULT BASED ON INVESTIGATION: Change of Venue in Capital Murder Trial

Return to the December 2016 Investigator’s Newsletter

The Texas Prison Break Murder Trial