UPDATE: According to the Panola Watchman, a hearing date has been set for Bernie Tiede. The hearing will be held February 5, at 1 p.m.
Former Tyler District Judge Diane Devasto will reside over the new evidence hearing Tiede
Judge Mary Murphy of the First Administrative Division in Dallas named Devasto.
The Panola Watchman recently reported some new details surrounding Bernie Tiede's return to Carthage. Sources close to the case say that new evidence could change the outcome of Tiede's sentencing.
This evidence, as pointed out by Skip Hollandsworth in his article published on Texas Monthly's website over the weekend, addresses Bernie's revelation that he was sexually molested by an uncle for six years, between the ages of 12 and 18.
Sources confirm that first, Tiede's attorney must file a writ of habeas corpus which will be addressed by District Judge Charles "Brick" Dickerson. If approved, he will forward it to the appropriate appeals court, which will decide if Tiede is legally entitled to punishment reconsideration by a jury.
If the appeals court agrees Tiede's argument is valid, then District Attorney Danny Buck Davidson will be tasked with re-presenting all evidence in the case.
These sources confirm if Tiede is due recourse, then a 12-person jury will be seated in San Augustine in the same courthouse the original trial was held to consider all the evidence and possibly free the man who has spent the last 16 years behind bars.
Last week, Davidson told The Panola Watchman that when new evidence is presented the case must be readdressed.
"I'm not at liberty to discuss it further at this time, but when new things come up that weren't there at the beginning, you have to look at them," Davidson said.
If Dickerson agrees Tiede's new argument has value, he could immediately release Tiede on bond until a final decision is made.
As it stands now, Tiede isn't eligible for parole until Aug. 20, 2027, eighteen days after his 69th birthday.
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