Judge issues rules for defense amid reports of juror harassment in appeal case of convicted nurse
TYLER, Texas (KETK) – The defense team of a former nurse convicted of murder, appeared in court on Thursday to discuss the reported harassment of jurors.
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The 114th district court convened on Thursday to address Judge Austin Reeve Jackson’s motion against the legal team of a convicted former CHRISTUS Trinity Mother Francis nurse. Reeve Jackson said the court had received numerous complaints of investigators and lawyers attempting to contact jurors and “refusing to accept the answer of ‘no, I do not want to speak with you.’”
The judge said jurors informed the court that spouses had opened the door and informed members of the defense that the juror did not wish to speak to the legal team. Jurors were also reportedly “contacted multiple times in the morning, late at night, interrupting family hours, dinner hours from kids and other family members.”
According to Thursday’s hearing, Reeve Jackson said a member of the defense team was “harassing the elderly parents of a juror at the assisted living facility where that juror’s parents resided.”
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While Reeve Jackson refrained from imposing sanctions on the defense team, he did issue a set of rules moving forward in the ongoing appeal case.
“No member of the defense team shall make any further attempt to contact any member of the jury without first seeking to be granted permission from the court to do so.
The defense shall not share any personal contact or identifying information about the jurors in this case with any person not actively employed by the Texas Office of Capital Writs without being granted permission from the court to do so.
If the defense has shared personal contact or identifying information about jurors, in this case any person, organization or entity, the defense shall, within 72 hours, may make a sealed ex parte filing with the court.”
“Frankly, it shocks the conscience of the court. I could not believe that that type of behavior occurred. I think it is totally inappropriate outside the bounds of decency and courtesy and potentially in violation of several statutes and holds a special kind of motion formally. From my perspective, though, it’s the type of conduct that this court is not going to tolerate. We have a hard enough time getting people to show up to serve on jury duty. We ask them to take time away from work, time away from their family, and they voluntarily made these sacrifices.”
Judge Austin Reeve Jackson
The defense said today was the first time they heard of the allegations and were not sure how the court came to those facts. The legal team said they would file a response to the court in the upcoming days concerning the harassment allegations.
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The appeal trial began after William Davis, the convicted nurse, was found guilty of capital murder and sentenced to death in October 2021.
Davis was accused of intentionally blowing air in the arterial lines of patients at Louis and Peaches Owen Heart Hospital, where four patients were killed and several injured.
According to records, security footage showed Davis entering patients’ rooms and leaving. Almost immediately after, patients would reportedly suffer a “profound incident” despite being considered stable. The victims were all patients who underwent cardiovascular surgery and recovering in the cardiovascular intensive care unit.
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After Davis’ trial concluded, the lead defense attorney, Phillip Hayes, was indicted in November 2021 for soliciting a prostitute during the month-long trial.
According to an arrest warrant, an undercover deputy for the Smith County’s Sheriff’s Office posed as a prostitute and made contact with Hayes. Both reportedly agreed to meet at an undisclosed location on Oct. 5, 2021, which would have been the sixth day of testimony during Davis’ trial.
Deputies took Hayes into custody for questioning but did not issue an arrest warrant until Davis’ trial ended.
Hayes pleaded guilty to the state felony on May 25, 2022.
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