Texas district judge recuses himself in new steroid trial motion

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http://www.sanmarcosrecord.com/local/local_story_118170643.html&cid=1343112843&ei=uHf3SYCDFpng9QSe97iTCA&usg=AFQjCNF3TjyXpP0MDsknemmMyAEeKYM-pA
[SIZE=-1]San Marcos Daily Record[/SIZE]
[SIZE=-1]Defendant Shawn Shipman was arrested in October 2007 for possession of illegal steroids and in March of this year he pled guilty and was sentenced to a state jail.

Shipman filed the motion for a new trial April 7 through his attorney David Watts.

But Peach, called in to help fellow Assistant District Attorney Chris Johnson and San Marcos Police Detective Laray Taylor, said elements of the affidavit that claimed to be from a concerned citizen sounded more like the work of a confidential informant.

Peach said someone classified as a concerned citizen usually has long-term ties to the community and has a higher degree of reliability, than a confidential informant, which she described as someone inherently unreliable who often has ties to the criminal activity on which they are reporting.

A confidential informant, she said, is someone who is involved in the drug trade who is getting something for what theyre giving.

Peach testified she asked Taylor who the concerned citizen was and he identified her as a former girlfriend of Shipmans who had been arrested on drug charges.

She further testified that she didnt believe Johnson when he told her he did not know who the concerned citizen was. I thought, holy smokes, hes lying. He knows exactly who that girl is.

Peach testified the girl had been arrested for possession of drug paraphernalia on Sept. 25, 2007 and Shipman was arrested Oct.. 27. Part of my concern was that short period of time, she testified.
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