…and what it is, ain’t exactly clear.
The former CFO of the Austin Independent School District, who was previously charged with insurance fraud in Williamson County, had the charges dropped yesterday by the WillCo DA’s office.
More from KVUE (archived, because they’ve become really bad about ad blockers):
KVUE obtained the arrest warrant for Ramos from the Round Rock Police Department to investigate allegations of fraud, which authorities determined was not directly related to his work with the district.
According to the warrant, Ramos was accused of insurance fraud regarding a claim of $5,422.64.
However, the district said Thursday evening it would reinstate Ramos after learning the Williamson County District Attorney’s Office would not prosecute any charges related to his personal affairs.
According to KVUE, he has been re-instated by the district, but his previously scheduled resignation takes effect today. He apparently does not plan to return to the district, but he leaves “in good standing”.
I feel like I should apologize to the former CFO for including him in the “flaming hyenas” watch. But I was very scrupulous about not including his name (even though it was in the linked press reports) because this seemed like a situation that had the potential to be a tempest in a teapot, and I wanted to wait and see how it shook out. I’m glad I did.
Meanwhile, the evidence tampering trial of former WillCo Sheriff Robert Chody and former WillCo prosecutor Jason Nassour was going on this week.
Emphasis on the “was”. The judge has placed the trial on hold.
Why? Well, it looks like the prosecution’s case is completely borked, and they’ve asked for a hold.
“The state has been looking forward to having a full and fair trial… [However], the state can’t continue at this time,” a state prosecutor said Thursday.
The filing indicates the state cannot prosecute parts of the indictment due to it being “preempted by federal law.”
More from Fox 7:
A Live PD crew was with Williamson County deputies when Javier Ambler was taken into custody for a traffic violation. The chase had ended in Austin and with Ambler dying from a heart attack.
Austin police, who were in charge of the scene, never got a warrant to seize the Live PD camera equipment, and the court has ruled federal law allowed the production team to leave with their gear.
Judge Sage, on several occasions, pointed out to prosecutors that because of the law, it didn’t matter who allowed the crew to leave with the equipment because the officer on scene never got a warrant.
…
Prosecutors are trying to show the loss of the video is a violation of the Michael Morton act which requires prosecutors to keep and provide evidence to defense attorneys.
But defense attorneys, during cross-examination, showed the jury a section of the contract which also hurt that argument. It was noted Live PD was required to retain and turn over any video, if ordered to do so by a court.
So if I’m understanding this right (and I Am Not A Lawyer), the prosecution’s argument is that the loss of the footage constitutes evidence tampering. But they’ve been precluded from making that argument in court because of 1) the contract which specified that “Live PD” had to turn over any video if a court order was obtained, and nobody could be arsed to get a court order until it was too late, and 2) Federal law, which states that law enforcement can’t confiscate gear and footage without a warrant, and APD (who was in charge at the scene) didn’t get a warrant.
I guess the WillCo DA’s office is fighting inflation by running a BOGO special…on nothing-burgers.
(Edited to add: technically, the evidence tampering trial is taking place in Travis County. But since former WillCo officials are involved, I’m letting the nothing-burger comment stand.)