In a turn of events that has stalled legal proceedings, a Travis County judge has indefinitely halted the evidence tampering trial of former Williamson County Sheriff Robert Chody and former Assistant County Attorney Jason Nassour. The trial's pause comes after prosecutors filed an appeal challenging a pre-trial ruling, as per KVUE. Judge Karen Sage described the present situation as "chaos right now," finding herself in uncharted waters.
The controversy centers on Sage's interpretation of the Privacy Protection Act (PPA) which, in her pre-trial ruling, was deemed to protect "Live PD" crews from having their footage seized by Chody and Nassour. This federal law has left the prosecution unable to utilize certain pieces of evidence they believe critical to their case. According to a CBS Austin report, the prosecution is now seeking to reverse the judge's preventative measures that they argue cripple their case. The defense, however, views the state's motion as potentially setting a concerning precedent, allowing for trials to be too easily derailed.
Austin-based defense attorney Amber Vazquez shared her unprecedented experience with KVUE, “I think without that central theory, it would make it very difficult to go forward." She continued by asserting she had never seen the State appeal a ruling during the middle of a trial in her over two decades of practicing law.
The judge's action to sign the Notice of Appeal has effectively pressed pause on the trial, with no clear timeline from the Third Court of Appeals on when they may respond. The temporary release of the jury, who had been asked not to discuss the case, poses its own challenges. Vazquez expressed concern to KVUE about the impact the media coverage might have on the jurors: “These jurors are going to go home to their family or friends, their jobs, and this is the top headline... It’s going to be hard not to intake any of that and let it affect you as a juror.”
The crux of the trial lies in the allegations that Chody and Nassour conspired to destroy footage from "Live PD" chronicling the fatal night of Javier Ambler's death after a chase by Williamson County deputies escalated. Ambler died following a tasing by the deputies, with the indictment suggesting the contract with "Live PD" to eliminate videos after 30 days was backdated specifically to encompass the footage of Ambler's death. This contract is what defense attorneys argue protected the video from being seized by Chody and Nassour, as the incident occurred within the Austin Police Department's jurisdiction.
