Corpus Christi Caller Times Caller.com - Defense lawyers seek a new trial in Selena killing

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Thursday, September 28, 2000

Defense lawyers seek a new trial in Selena killing
Documents cite alleged errors made in trial that sent Saldivar to prison
By Dan Parker
Caller-Times

Saldivar

Defense attorneys have filed court documents seeking a new trial for Yolanda Saldivar, convicted killer of Tejano star Selena Quintanilla-Perez.
   Past appeals of Saldivar's conviction have failed, and defense attorney Bill Berchel-mann, said he knows the writ of habeas corpus he mailed to courts Friday might irritate some of Selena's many fans.
   "It's my duty as an attorney to represent people and make sure their rights have been protected," said Berchelmann, a San Antonio attorney who was hired by Saldivar's family about three months ago.
   "We think some errors were made in trial court, and we're asking for a new trial. I think everyone from Joe Smith to Yolanda Saldivar is entitled to a fair trial.
   "I hope people understand I'm just doing my job."
   Berchelmann mailed the writ to 214th District Court in Corpus Christi and the Court of Criminal Appeals in Austin.
   The writ alleges that the district court made errors entitling Saldivar to a new trial, according to court records.
   The District Attorney's Office received notice of the writ Wednesday.
   The district court may make recommendations regarding the writ, but the Court of Criminal Appeals will be the court that makes a ruling, Berchelmann said.
   A hearing on the writ has not been scheduled.
   District Attorney Carlos Valdez said he does not believe the trial court made errors that would merit reversing the conviction or sentence. Prosecutors will oppose the writ, Valdez said.
   Known simply as Selena to her fans, the Grammy-winning artist who grew up in Corpus Christi was shot once in the back on March 31, 1995.
   While the crime occurred in Corpus Christi, the trial was moved to Houston.
   Saldivar, the singer's former fan club president, was convicted of murder and is serving a life sentence at a state women's prison in Gatesville.
   After the trial, defense attorneys made an appeal to the 14th Court of Appeals in Houston, which affirmed the conviction.
   The Court of Criminal Appeals in Austin later refused an appeal, saying there were no errors that merited reversing the conviction.
   The writ of habeas corpus claims six grounds for review and alleges that the Court of Appeals made errors by overruling Saldivar's contentions including that the trial court erred by failing to:

Recognize that prosecutors wrongly struck people from the jury pool because of their race.

Throw out Saldivar's written confession.
   Police violated Saldivar's rights during an interrogation by continuing to ask her questions after she asked for an attorney, Berchelmann said.

Grant a new trial based on the defense's contention that prosecutors should have informed the defense that a state witness had a criminal record.

Grant a mistrial based on improper comments by a prosecutor pointing out that Saldivar did not testify.
   Failure to testify cannot be used as evidence against a defendant, Berchelmann said.

Tell jurors that they should assess punishment at 2 to 20 years in prison if they found that Saldivar acted out of sudden passion.


Staff writer Dan Parker can be reached at 886-3746 or by e-mail at parkerd@caller.com

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