6:05 p.m. FRIDAY MARCH 4 | Hays County Court-at-Law Judge David Glickler has decided to waive a jury trial on his misdemeanor charge of driving while intoxicated, defense attorney Russ Sablatura said this afternoon in an email.
The trial had been scheduled to begin Monday, March 7.
“Based on the events that took place yesterday, my client and I have decided to file a jury trial waiver. This waiver has been filed and the trial setting on Monday has been passed. … At this time there is not a setting,” Sablatura said.
by BRAD ROLLINS
4:02 p.m. FRIDAY MARCH 4 | Hays County Court-at-Law Judge David Glickler’s driving while intoxicated trial can begin as scheduled on Monday even though the arresting officer is out of the country and will not testify, a visiting judge ruled on Thursday.
Glickler, 47, was charged with the Class B Misdemeanor after being stopped for speeding late May 26 on Interstate 35 in Kyle by Hays County Sheriff’s Office deputy Travis Teereo, who has since been deployed by the U.S. Army to South Korea.
During a pretrial hearing on March 3, former longtime Harris County Court-at-Law Judge Mark D. Adkinson rejected most of a defense motion to suppress evidence that would have effectively delayed prosecution until Teereo returns to the country.
Defense attorney Russ Sablatura argued that Teereo’s absence denies him the opportunity to cross examine the deputy about the investigation and undermines Glickler’s constitutional right to face his accuser in court. Special prosecutor Corby Holcomb argued that case law establishes a precedent for proceeding with a criminal trial when an arresting officer cannot testify.
Both Holcomb and Adkinson acknowledged never having encountered a case in which an arresting officer is unavailable because of a military deployment.
Teereo’s deployment “did come as a surprise to us [but] at this point, we’re just moving forward with the evidence that we have,” said Holcomb.
Portions of a probable cause affidavit — including Teereo assertion that he smelled alcohol on Glickler’s breath and that Glickler failed a field sobriety test — should be redacted, Teereo ruled. But the rest of the document and video of the traffic stop and Glickler’s arrest are admissible by prosecutors.
As of mid-afternoon today, Glickler’s trial is still scheduled to begin on Monday, Glickler told the San Marcos Mercury.
Adkinson, the Texas Center for the Judiciary chief executive officer who held his bench for nearly 24 years in Harris County, was appointed to hear Glickler’s case after presiding Hays County Court-at-Law Judge Robert Updegrove recused himself.
The Travis County Attorney David Escamilla’s office was appointed to prosecute Glickler after Hays County District Attorney Wesley H. Mau recused his office from participation.
CORRECTION 5:02 p.m. MARCH 4: The story originally said that Hays County District Attorney Wes Mau referred Glickler’s charge to the Travis County Attorney’s office for prosecution. The judge referred the case to the Travis County Attorney’s office for prosecution after Mau recused his office from participation.Email | Print