Judge Nolen Testifies in Young’s Trial as Attorneys Bicker Over Evidence

SAN ANGELO, TX — Jurors in John Young’s forgery, theft, and money laundering trial got a workout Monday as prosecutors and defense attorneys sparred so often that they spent almost as much time outside the courtroom as inside.

First, the 12 jurors and two alternates arrived at the Tom Green County courthouse in time for the scheduled 9 a.m. trial to begin, only to be sent away because visiting Judge Brock Jones was attending to another legal matter in Crockett County at the same time.  Testimony began at 10:30 a.m. Monday once the judge arrived.  

While Tom Green County Court-at-Law Judge Ben Nolen’s testimony was the most riveting and enlightening of the day, jurors first heard from a Tom Green County deputy clerk.  Amanda Deanda was working in the Tom Green County Clerk’s office in June of 2014 when Sweetwater attorney Chris Hartman brought in a religious book which Bailbondsman Ray Zapata retrieved from Sullivan’s home. In the book is where the alleged handwritten will was found.

The interesting part is that the will was written on two pages of the book, which is a Catholic Missal, a book used during Catholic masses.  

Deanda testified that she was present when John Young’s probate attorney Chris Hartman brought the book containing the will into the county clerk’s office to be filed.  Deanda testified that the will was written in the book and the page it was written on had to be cut out by Hartman before it could be filed.  

Deanda testified that Hartman seemed ‘nervous’ and they actually telephoned Judge Nolen to get direction about what to do about the handwritten will in the book.  According to testimony, Nolen instructed the clerk to allow Hartman to cut the pages out of the book that contained the will.  He did and it was filed.  

Judge Nolen, who probated the handwritten will provided by John Young’s attorney 11 days after it was filed, took the stand next.

Judge Nolen described for the jury under oath that his court probates many wills and 90 percent of them are self-proved. That means the probate process doesn't require testimony at a probate hearing because the wills are already signed by two witnesses and notarized.  

Nolen told the court that during the probate hearing for John Sullivan's estate, Young and Ray Zapata  were the two mandatory witnesses to the handwriting and signature of John Sullivan.  

Defense attorneys objected again and again about the prosecution presenting hearsay evidence and leading witnesses in questioning.  

Judge Nolen detailed the will probate process for prosecutors and defense attorneys for the better part of the day.  Judge Jones had the jury leave the courtroom on several occasions to discuss procedures and motions with the attorneys.  

Nolen’s testimony showed that John Young and Ray Zapata testified in probate court that the handwritten will the Judge probated 11 days after Sullivan died was legitimate.  Judge Nolen was excused from testimony late Monday. 

Prosecutors continued Monday afternoon by calling Jesse Hickman, who was a deputy clerk in 2014 when attorney Chris Hartman filed Sullivan’s will on behalf of John Young.  Hickman told the jury that Hartman was nervous and never let go of the book that contained the will.  After a call from the Clerk’s office to Judge Nolen, Hartman was allowed to cut the will out of the book and file it that way.  

On a side note, at one point Monday afternoon there were four judges in courtroom A.  Presiding Judge Jones, Court-at-Law Judge Nolen, Justice of the Peace Pct. 4 Eddie Howard, and County Court-at-Law Judge Penny Roberts. A few other elected officials and law enforcement officers stopped by the courtroom as well.  

The State's attorneys continued to build their case Monday by calling San Angelo attorney Joe Hernandez.  He testified that he represented John Sullivan in the late 1980’s and again in the early 1990s.  Hernandez told the jury he represented Sullivan in an IRS fraud case where Sullivan was facing 67 counts with penalties reaching life in prison and a $290,000 fine.  Hernandez told the jury late Monday he was able to get Sullivan five years in prison and paid the $290,000 fine out of $1 million the state had confiscated from Sullivan.  

Defense attorneys had previously provided testimony that John Sullivan hated Joe Hernandez because of his previous representation.  

Hernandez was expected to continue his testimony during a modified schedule Tuesday, but he had a trial in Pecos.  He is scheduled to return to the stand to be cross-examined Wednesday.

The trial resumed at 8 a.m. Tuesday morning and recessed at 9:30 a.m. so a juror can attend a funeral.  Testimony is set to begin again at 1:00 p.m. in the Tom Green County County courthouse.