harrisonsdream
11-13-2006, 12:36 PM
Teen's pipe attack trial begins today
Jury may not see videotape of statement officials call a confession
By BRIAN ROGERS
Copyright 2006 Houston Chronicle
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A judge will decide today whether jurors will hear a videotaped statement in which, officers say, a teen acknowledged jumping on a 17-year-old boy and beating him while "others" put a plastic pipe in his rectum, damaging his internal organs.
In addition to the beating, David Tuck, 18, of Spring is accused of kicking the pipe so hard that it put the youth in intensive care for more than three months. Police have described Tuck as a skinhead.
Tuck, who has been held without bail since his arrest after the April 22 incident, faces a charge of aggravated sexual assault as jury selection begins today in state District Judge Michael McSpadden's court. Keith Turner, 17, also of Spring, was indicted on the same charge.
The injured teen was left in the backyard of a house in the 21300 block of Glenbranch for hours before an adult at the home discovered him and called for help, authorities said.
Harris County deputy constables found Tuck and Turner nearby. They were taken into custody and, because Tuck had blood on one pant leg, authorities read him his rights and began questioning him. He later acknowledged taking part in the attack, deputies said.
But legal wrangling Friday may keep jurors from viewing Tuck's two-part, videotaped statement and hearing two incriminating statements that officers say he made at the scene. Defense attorney Chuck Hinton presented evidence that Tuck asked for a lawyer after deputies began questioning him at the scene. After making his request, Tuck was held in a patrol car for hours while deputies investigated the area, Hinton said.
While in the car, and later at the station, Tuck told what had happened, a constable's deputy testified in Friday's hearing. However, because Tuck never officially waived his right to an attorney, those statements may be inadmissible.
McSpadden told Hinton and prosecutor Mike Trent to spend the weekend reviewing the law and brief him today before the trial begins. Hinton and Trent declined to comment Friday.
Ethnic slurs alleged
The incident shocked Spring residents because of its ferocity and the fact that investigators said at least one of the attackers shouted ethnic slurs at the victim, who is Hispanic.
However, prosecutors did not file the case under hate-crime laws. Investigators said another possible motive surfaced: In the videotaped statement, which was shown to the judge in open court, Tuck said he was motivated by his belief that the victim had sexually assaulted the sister of a friend of Tuck and Turner's.
Relatives of the victim said Friday that he is back in school and continues to recover. They declined to speculate on whether he will testify at the trial.
Jury may not see videotape of statement officials call a confession
By BRIAN ROGERS
Copyright 2006 Houston Chronicle
TOOLS
Email Get section feed
Print Subscribe NOW
A judge will decide today whether jurors will hear a videotaped statement in which, officers say, a teen acknowledged jumping on a 17-year-old boy and beating him while "others" put a plastic pipe in his rectum, damaging his internal organs.
In addition to the beating, David Tuck, 18, of Spring is accused of kicking the pipe so hard that it put the youth in intensive care for more than three months. Police have described Tuck as a skinhead.
Tuck, who has been held without bail since his arrest after the April 22 incident, faces a charge of aggravated sexual assault as jury selection begins today in state District Judge Michael McSpadden's court. Keith Turner, 17, also of Spring, was indicted on the same charge.
The injured teen was left in the backyard of a house in the 21300 block of Glenbranch for hours before an adult at the home discovered him and called for help, authorities said.
Harris County deputy constables found Tuck and Turner nearby. They were taken into custody and, because Tuck had blood on one pant leg, authorities read him his rights and began questioning him. He later acknowledged taking part in the attack, deputies said.
But legal wrangling Friday may keep jurors from viewing Tuck's two-part, videotaped statement and hearing two incriminating statements that officers say he made at the scene. Defense attorney Chuck Hinton presented evidence that Tuck asked for a lawyer after deputies began questioning him at the scene. After making his request, Tuck was held in a patrol car for hours while deputies investigated the area, Hinton said.
While in the car, and later at the station, Tuck told what had happened, a constable's deputy testified in Friday's hearing. However, because Tuck never officially waived his right to an attorney, those statements may be inadmissible.
McSpadden told Hinton and prosecutor Mike Trent to spend the weekend reviewing the law and brief him today before the trial begins. Hinton and Trent declined to comment Friday.
Ethnic slurs alleged
The incident shocked Spring residents because of its ferocity and the fact that investigators said at least one of the attackers shouted ethnic slurs at the victim, who is Hispanic.
However, prosecutors did not file the case under hate-crime laws. Investigators said another possible motive surfaced: In the videotaped statement, which was shown to the judge in open court, Tuck said he was motivated by his belief that the victim had sexually assaulted the sister of a friend of Tuck and Turner's.
Relatives of the victim said Friday that he is back in school and continues to recover. They declined to speculate on whether he will testify at the trial.