Capital Murder Suspect Sends Newschannel 6 Letter from Jail - KAUZ-TV: Newschannel 6 Now | Wichita Falls, TX

Capital Murder Suspect Sends Newschannel 6 Letter from Jail

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Jerry Joe Garza, the suspect in a high profile capital murder case has sent Newschannel 6 a handwritten letter from behind bars.  He is accusing the judge, prosecutor and his two attorneys for violating his rights.

In the letter, Garza claims his attorneys Michael Payne and Bruce Harris are waving his rights behind his back.  He says both attorneys have admitted to him that they do not have the required knowledge and experience to handle his high profile capital murder case.  In lieu of that, Garza has asked for a motion to fire Payne and Harris in exchange for a lawyer with murder trial experience.

However, Garza says his motions have been denied by Wichita County 78th District Court Judge Barney Fudge and prosecutor Dobie Kosub.

In his letter he wrote, "I can't help myself because Wichita County is denying me my rights to have access to the law library."

Garza also accused Judge Fudge and Kosub of trying to speed up the process.

"I can only conclude this as the reasons why the judge is denying all of my motions," he wrote.

Newschannel 6 reached out to both Payne and Harris Thursday morning.  After speaking with both, they each wanted a copy of Garza's letter before deciding if they would make a comment.

The copy of the letter was provided to them and as of Thursday afternoon, our calls have not been returned.

Judge Fudge was unavailable for comment as he was out of town, but Prosecutor Dobie Kosub told Newschannel 6 neither he nor the judge will be able to comment while the case is pending.

Garza is accused of brutally murdering his ex-girlfriend Monica Partida, 32, in her home on Britain Street in February 2012.  He was re-indicted in January for capital murder.

An autopsy report found Partida was suffocated and stabbed more than a dozen times.

He is also being charged with aggravated assault with a deadly weapon in a separate incident where he is accused of beating a man and biting off his thumb inside a Wichita Falls club.

Garza specifically said his 4th, 6th, 8th and 14th amendments are being violated.

4th Amendment: Prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause

6th Amendment: Sets forth rights related to criminal prosecutions

8th Amendment: Prohibits the Federal Government from imposing excessive bail, excessive fines or cruel and unusual punishments including torture.

14th Amendment: Addresses citizenship rights and equal protection of the laws and limits the actions of all state and local officials including those acting on behalf of such an official

According to the Wichita County District Court Clerk's office, Garza last appeared in court in late January.  His next schedule appearance will be on March 22nd at 1:30 p.m. at the 78th District Court.

 

Cynthia Kobayashi, Newschannel 6.

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