Back to the top, trial starts in two weeks
https://www.kwtx.com/2023/07/28/judge-rejects-waco-attorneys-request-assist-his-own-defense-during-murder-for-hire-scheme-trial/
WACO, Texas (KWTX) - A visiting judge on Friday rejected Waco attorney Seth Sutton’s request to sit second chair to assist his attorney in his own defense next month at his trial on murder-for-hire charges.
Sutton, a prominent attorney who also is known for his work in civic theater, is set to stand trial Aug. 14 on a solicitation of capital murder charge.
Judge Roy Sparkman conducted a pretrial hearing in Sutton’s case Friday afternoon, which started late because Sutton, his attorney, Clint Broden, and assistant attorney generals Patrick Sloan and Matt Shawhan spent about 90 minutes behind closed doors trying to reach agreements on other pretrial discovery and motions issues.
Broden acknowledged in his motion seeking the “hybrid defense” that no other state but Georgia allows criminal defendants who are attorneys to assist their attorneys at trial. However, he asked the judge to allow it in this case, and the issue was solely within Sparkman’s discretion, despite there being no legal precedent for it in Texas.
Sloan opposed the motion, arguing a variety of reasons why the judge should deny the request. He said if granted, Sutton, while questioning witnesses, would be able to introduce “unsworn testimony” without being subject to cross-examination if he chooses not to testify.
A hybrid defense also could cause jury confusion about whether Sutton were acting as a defendant or an attorney, Sloan said, adding that it also could cause undue delays in the trial in the “inevitable” event that Sutton and Broden have a conflict during the course of the trial.
Sloan also charged that Broden and Sutton filed the motion seeking “hybrid representation” within 48 hours of the state prosecutors filing a sealed notice of extraneous offenses with which they intend to impeach Sutton.
“After reviewing what we intend to impeach him with, they filed this motion intended to allow unsworn, backdoor testimony from this defendant, and that is a corruption of the system,” Sloan said.
Broden countered that there were no “nefarious” motives for filing the motion and said he anticipates no conflicts because he and Sutton are “on the same page” as far as their defense.
“I think it’s an insult to the jury to say it would create jury confusion,” Broden said.
The attorney general’s office agreed to prosecute Sutton after the McLennan County District Attorney’s Office recused itself from the case. Likewise, Sparkman was appointed presiding judge after 19th State District Judge Thomas West recused himself.
Sparkman said he intends to call 100 potential jurors on Aug. 14 because of the notoriety of the case and the potential that panel members might know those involved in the trial. Court officials said they expect the trial to last about five days.
Broden, Sloan and Shawhan declined comment after the pretrial hearing.
Sutton, who remains free on bond and continues to practice law, is charged with trying to hire a Waco police undercover officer to kill Waco attorney Marcus Beaudin, who is charged with sexually abusing one of Sutton’s family members.
Sutton’s co-defendant in the alleged murder-for-hire plot, Beaudin’s ex-wife, Chelsea Tijerina, was killed in a motorcycle accident in Hays County in May 2021.
The undercover officer infiltrated Sutton’s Red Mouse Cult motorcycle club, and Broden alleges in pretrial motions that the officer took advantage of Sutton’s friendship and “pressed Seth to verbalize his fantasy of killing this sexual predator.”
The motion also alleges the undercover officer ignored at least three orders from Waco PD commanders to shut down his investigation of the motorcycle club and Sutton, and went “rogue,” continuing the operation without authorization.
In a notice the AG’s office filed last week alerting the defense of “potential impeachment material,” Sloane outlined the officer’s apparent refusal to terminate the investigation. The notice said that the officer was made an official “patched” member of the motorcycle club on May 13, 2020, two days after the “third and final directive to suspend the operation.”
“This was done without permission and without the knowledge of his chain of command,” Sloane’s notice states. “On Thursday, May 14, (2020) believing (the officer) to be leaving the state, defendant Sutton met with (the officer) and first mentioned killing Marcus Beaudin.”