SOAP OPERA-LIKE DRAMA AT EVIDENTIARY HEARING

A lawyer crying on the witness stand while admitting he screwed up – now that’s a new one. Another great plot for a soap opera.

ONE OF HANNAH OVERTON’S TRIAL ATTORNEYS BREAKS DOWN BREAKS DOWN IN TEARS ON THE WITNESS STAND
By Michelle Villarreal

Corpus Christi Caller Times
April 26, 2012

CORPUS CHRISTI — One of Hannah Overton's trial attorneys broke down in tears on the stand Thursday, saying he should have done more to prove her innocence.

David Jones said he regrets not putting Dr. Michael Moritz, a clinical director of pediatric nephrology in Pittsburgh, on the stand during Overton's trial. Moritz was deposed for several hours by attorneys.

"I failed miserably in not reviewing that video ... there is probably not a day since that trial ... that I don't regret not doing more ... I should've done more because of the expertise I had. I should've taken the time myself to watch that video and I failed ... and I'm so sorry," Jones said.

Jones then briefly left the witness stand to compose himself and hugged one of Overton's other attorneys as Overton wiped tears from her face with a white handkerchief.

Overton, 35, was convicted of capital murder in 2007 in connection with the death of her 4-year-old foster child, Andrew Burd. The boy died at a Corpus Christi hospital in 2006 of elevated sodium levels.

Moritz said he believed Andrew could not have been saved, no matter when Andrew arrived at the hospital. That testimony could have exonerated Overton of failing to seek medical attention for the boy in a timely manner, Jones said.

Jones said the most crucial piece of evidence that was not given to the defense was Andrew's vomit.

"It seems it was purposely withheld because we kept asking for it and they refused to give it to us," Jones said.

Overton's appeal for an overturned conviction includes two key claims: that her trial attorneys failed to properly represent her and that prosecutors withheld test results that showed low levels of sodium in the boy's stomach contents.

The Texas Court of Criminal Appeals ordered Longoria in February to hold the evidentiary hearing to look into the merits of Overton's claims.

Longoria won't rule in the case but will make a recommendation and report his findings to the Court of Criminal Appeals. The court then will determine if the evidence are grounds to set Overton free, order a new trial for her or have no merit.Overton's defense long has argued that the boy had emotional and medical problems and would eat odd food, including the salty seasoning.

Prosecutors say the defense's claims of Overton's wrongful conviction are unfounded.