Tyler Loses Appeal!

In today's advocate it was reported that Tyler has lost the appeal to be reinstated as the prosecutor against Ure.

This story along with many others, proves one of two outcomes are true. Neither outcome is good for Tyler. He is either a) incompetent, or b) vengeful.
Personally I think it is both A and B.

I have long said that Tyler has/had no intention of every actually letting this get to trial. All this amounts to is a smear campaign to destroy Ure's reputation. Tyler has no evidence and is hiding behind a wall of false secrecy in the Grand Jury Testimony. I say false secrecy because if Tyler wanted, those records could be unsealed because the person the secrecy is meant to protect WANTS them unsealed (Ure). All along the delays have been at the hands of Tyler. Not Ure's lawyer.

The appeals court ruling said when the state prosecutes an appeal but does not file a brief, appellate courts hold that the state's failure to file a brief constitutes abandonment of the appeal.

Tyler's lawyer, Ruth Kollman, gave all sorts of excuses as to why the brief was not filed.

In both an affidavit Kollman filed on April 6 and in her response, Kollman outlined her reasons for not filing her brief by the Jan. 20 deadline, citing pre-existing client commitments, a trial schedule and the onset of a severe illness.

All good excuses for not filing by whatever deadline there was but for this...

It continued, "The state's brief was more than six months overdue when this court remanded the cause to the trial court for a hearing on the prosecution of the appeal. The court gave the state multiple opportunities to file its brief, but the state did not."

The state's motion to consolidate their case with the court's appellate cause was ruled moot and dismissed as well.

So even after the deadline passed, six more months and many opportunities to file went by as well. I'm sure Ms. Kollman could have found some time during that period to file a simple brief.
Incompetent? or intentionally throwing the case because he has no evidence and is mearly dragging Ure's name through the mud of public opinion? You decide.

Why was Tyler trying to consolidate the cases even though he pretty much knew the case was going to get thrown out because they would not file the required brief? If the cases were consolidated, they would have all been thrown out together. Tyler knows he has taken this as far as he can and wants it to go away now. He wants it to go away but look as though he was still fighting for it and others (the so called Good ol' Boy Network) tied his hands. Having all three cases dumped together would have wrapped things up neat and tidy for him. Now he has to figure out how to still look as if he is trying to prosecute (persecute?) Buentello and Smith while getting them to go away individually as well.

The last part of this article contains a quote from Chief of police Bruce Ure;

"Hopefully, now, the District Attorney will unseal my
grand jury testimony. This should be done immediately. Steve Tyler has the
absolute authority to do so, or he can unfortunately keep it sealed for
self-serving purposes. The unsealing is the only way that the public has a
chance at understanding what really happened."

The proof of Ure's Guilt/Innocence is within his GJ testimony. Ure wants it unsealed because it will prove his innocence to all involved and show the world that Tyler is on a vindictive witch-hunt against the man who bruised his (Tyler's) sizable ego. Tyler claims to want it unsealed because the proof of Ure's guilt is there. Thing is... Tyler does have the power to get the records unsealed, especially when the person the seal is to protect wants it done. He has avoided doing so while acting as though he wants it precisely because the proof is against Tyler.

Come election time,
"Deborah Branch, Do you solemnly swear..."

There are a few comments so far and this is TYPICAL of the pro-Tyler crowds competency and intelligence:

fiercegossip
Wow. Bold comments from the chief, seeing as HIS attorneys were
the ones that sealed the records from the trial.

The records that Ure was speaking of was GRAND JURY TESTIMONY.
This testimony was for the Grand Jury indictment against Tyler's former Chief of Staff, Michael Ratcliff. Ratcliff was indicted on multiple accounts of sexual assault on a minor. These records are automatically sealed as part of the Grand Jury secrecy. If this moron who calls himself fiercegossip thinks that Ure's lawyers had anything to do with the sealing of GJ testimony in a seperate case he is sadly mistaken.

Another poster points this very thing out to him and fiercegossip responds with this bit of insight;

fiercegossip
Actually, I'm not confused at all. Right before Chief Ure's case
was supposed to go to a jury, Judge Cheshire allowed Mr. Cagle to put Steve
Tyler on the stand in open court for TWO DAYS to try to prove whether or not Mr.
Tyler was a witness to this case. There is a court record of Mr. Tyler being
examined for hours, outlining all the evidence he has against Chief Ure. Judge
Cheshire ruled Tyler was not an essential witness and that Tyler could prosecute
the case. It wasn't until after Cheshire recused himself that Judge Williams
reversed that decision and granted Chief Ure's motions to dismiss the case and
SEAL THE RECORD.

If Chief Ure wants the world to see what evidence Mr.
Tyler has, there's a sealed public record of it sitting at the courthouse filled
with two days of his attorney interrogating Steve Tyler about every detail of
the case. So, Chief Ure, why don't YOU release the record???

You cannot have a PUBLIC TRIAL if the evidence is sealed from the PUBLIC.

Besides... Fierce gossip is factually wrong. Ure was not referring to the sealing of his case on dismissal. He was in fact referring to his GJ testimony during the Ratcliff indictment.

"Hopefully, now, the District Attorney will unseal my
grand jury testimony. This
should be done immediately. Steve Tyler has the
absolute authority to do so, or
he can unfortunately keep it sealed for
self-serving purposes. The unsealing is
the only way that the public has a
chance at understanding what really
happened," the chief
said.

"my grand jury testimony"

Hear that? Mr. not-so-fierce-and-full-of-gossip.
Morons... I swear.