Walmart shooting hearing ends, next date in court Dec. 11
Update: The hearing ended for the day just after 3 PM. The next hearing is scheduled for December 11, 2024.
Several witnesses testified Friday morning in the second day of a hearing in the Walmart shooting capital murder case.
The defendant once again sat next to his lawyers as they questioned witnesses. The first was Claudia Hernandez, a paralegal for the El Paso District Attorney's Office.
Thursday, Former Assistant D.A. Loretta Hewitt testified Hernandez listened to recorded jail house phone calls between Crusius and his lawyers that ended up in the D.A.'s possession.
Today, Hernandez admitted hearing those phone calls after her supervisor instructed her to. Her supervisor is current assistant D.A. John Briggs.
Defense attorneys said logs showed Hernandez listened to them several times.
She said she didn't hear the substance of the conversation and did not tell Briggs about the calls.
Next, the defense called Briggs to the stand. While the defense said this was a violation of Crusius' rights, Briggs argued attorneys are aware they are being recorded, and are choosing to waive the attorney-client privilege while making those calls.
"Calls coming out of the jail, are recorded, at the beginning of the phone call, it says this phone call is being recorded," John Briggs said. "I don't know why any attorney would speak to a client on a phone call that's being recorded, and expect that they have any right to privacy in that conversation."
The defense also pressed Briggs on his possession of visitation logs. The logs included the names of experts who visited Crusius in jail.
The defense claims these logs would give prosecutors leverage on their strategy.
"Can you see the concern that the defense would have for the District Attorney's office to have, to be able to track the lawyers and see him, how often they see him, the experts that go see him, when at this time, the District Attorney's Office, is not entitled to know who their experts are," asked Joe Spencer, Crusius' defense lawyer.
"I see your concern. But, no, you're not entitled to keep that information secret," Briggs responded.
Update: Watch the hearing live below:
EL PASO, TX (KVIA) -- Day 2 of the Walmart shooting capital murder case hearing resumes today with five more witnesses expected to testify about allegations of prosecutorial misconduct.
Defense attorneys claim the District Attorney’s office accessed recordings of private jailhouse conversations between the shooter, Patrick Crusius, and his lawyers, along with violating court directives and withholding evidence.
Former Assistant District Attorney Loretta Hewitt, who testified on Day 1, said she discovered recordings while working on the case. She claims she informed DA Bill Hicks, who she says delayed taking action. Hewitt said she understood how serious this issue was, prompting her to alert the defense about the recordings.
Among the other witnesses set to testify are members of the El Paso County Sheriff’s Office and current Assistant District Attorney, John Briggs.
Crusius’ attorneys are asking the court to either dismiss charges or remove the death penalty.
ABC-7 will bring you complete coverage today.
