Will Judge Suppress Jail House Snitch in Murder Trial?

SAN ANGELO, TX – During day four of the Garry Jennings vs the state of Texas defense attorneys attempted to suppress the snitch testimony who was called to testify against an accused Tom Green County Murderer.

As previously reported, on Apr. 30, the murderer convicted of burying his wife under the San Angelo speedway, Robert Miller, was brought back to Tom Green County to testify against Garry Jennings.

Jennings, who accused of playing a role in the torture and murder of Eric Torrez, allegedly told Miller details of the killing while the two were incarcerated in the Tom Green County Jail. According to court documents, Miller then took that information and wrote a number of letters to the Tom Green County Sheriff's Office.

The defense alleges that Miller and the TGCSO had a prior understanding between the two that Miller would provide information received from Jennings and other defendants while Miller was in the same correctional facility as the defendants. 

"I assume you are still wanting all of the information I can send you," Miller wrote in one letter.

The defense claims that this is a direct violation of Texas Code of Criminal Procedure 38.075. It states that a defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant's interest during a time when the person was imprisoned or confined in the same correctional facility as the defendant unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.

They did have a back up plan if the judge did not approve the motion. Along with the motion, the defense provided jury instructions. In the instructions it details why Jennings cannot be convicted on an uncorroborated testimony of a person who is going against the defendants interests.

It is now up to 391st District Judge Brad Goodwin to determine if Miller will take the stand.