Explaining Bernie Tiede's latest trip to court - KYTX CBS 19 Tyler Longview News Weather Sports

Explaining Bernie Tiede's latest trip to court

As Bernie Tiede's Austin-based defense attorney continues to prepare a final application for Writ of Habeas Corpus based on new evidence that reportedly proves Tiede's childhood of sexual abuse, questions remain about the process Tiede is about to undergo.

Essentially, a Writ of Habeas Corpus is what you turn to after you've exhausted traditional appeals and still believe you might be in prison unconstitutionally.

"And rarely it can be if there's newly discovered evidence that potentially could exonerate the defendant," Tyler defense attorney Jeff Haas said.

Haas has no connection to--and no stake in--the defense or the prosecution of Tiede's case. However, he has quite a bit of experience handling cases involving Writs of Habeas Corpus.

"It appears as if it's not really new evidence," he said. "It's just evidence that was not disclosed by the defendant to his trial council."

Haas said there's no jury involved. The goal is to convince a judge something in the case has changed.

"In an appeal, courts look at what happened during the trial," Haas said. "In Writs of Habeas Corpus, ordinarily, they look potentially at what should have happened during the trial but didn't."

The bottom line, Haas said, is that the burden of proof is huge and Tiede's reported sexual abuse is no slam dunk. Haas compared it with rape cases where the supposed victim later admits the story was a lie.

"Even in those situations courts have been reluctant to grant relief," Haas said.

With his other appeal options already gone, Tiede has nothing to lose in the long run.

Visiting Judge Diane DeVasto is handling the case. If she's convinced, the next step is to pass the case up to the court of criminal appeals.

DeVasto expects to take the matter up again in March.

  • Local NewsMore>>

  • Tyler Police searching for early morning robber

    Tyler Police searching for early morning robber

    Tyler Police searching for early morning robber

    Monday, April 21 2014 5:53 PM EDT2014-04-21 21:53:35 GMT
    Tyler Police need your help finding an early morning robbery suspect. A woman says a robber tackled her to the ground and stole her purse. More >>
    Tyler Police need your help finding an early morning robbery suspect. A woman says a robber tackled her to the ground and stole her purse. More >>
  • Cherokee County woman found dead in driveway, husband charged with murder

    Cherokee County woman found dead in driveway, husband charged with murder

    Monday, April 21 2014 5:31 PM EDT2014-04-21 21:31:33 GMT
    Cedric Dewayne ThompsonCedric Dewayne Thompson
    CHEROKEE CO. (KYTX) - On Sunday April 20, 2014 at approximately 9:35am Kayla Nicole Thompson (27 years of age) was found deceased in the driveway of her residence, located in the 1500 block of County Road 3201 just West of Lake Jacksonville.More >>
    CHEROKEE CO. (KYTX) - On Sunday April 20, 2014 at approximately 9:35am Kayla Nicole Thompson (27 years of age) was found deceased in the driveway of her residence, located in the 1500 block of County Road 3201 just West of Lake Jacksonville.More >>
  • ETX Deacon arrested for 1981 Pennsylvania homicide

    ETX Deacon arrested for 1981 Pennsylvania homicide

    Monday, April 21 2014 4:34 PM EDT2014-04-21 20:34:38 GMT
    HARRISBURG, PA. (KYTX) - U.S. Marshal Martin J. Pane announced today the U.S. Marshals Service arrested a Pennsylvania fugitive in Texas who was wanted for more than 30 years on a 1981 murder charge.More >>
    HARRISBURG, PA. (KYTX) - U.S. Marshal Martin J. Pane announced today the U.S. Marshals Service arrested a Pennsylvania fugitive in Texas who was wanted for more than 30 years on a 1981 murder charge.More >>
Powered by WorldNow

CBS19, MYTX & KCEB
2211 ESE Loop 323
Tyler, TX 75701
Phone (903) 581-2211
Fax (903) 581-5769

Powered by WorldNow
All content © Copyright 2004 - 2014, WorldNow and KYTX, Owned and Operated by London Broadcasting Company.
All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.