Jason Carlile convictions affirmed by Court of Appeals
WICHITA FALLS, Texas (KAUZ) - The Ft. Worth Court of Appeals affirmed the convictions of John Wayne Carlile on Wednesday.
In a unanimous opinion, the Court of Appeals upheld the original verdict from December of 2019, when a jury in the 78th District Court convicted Carlile of two counts of aggravated sexual assault and seven counts of sexual assault of minor. The presiding judge over that trial, Barney Fudge of the 78th District Court, ordered that the sentences be stacked and thus sentenced Carlile to two life sentences.
Lead attorney Heather Barbieri and the rest of Carlile’s defense team then filed an appeal for ineffective assistance of counsel: they had refused to participate in the trial after Judge Fudge denied their third continuance, stating they would be intentionally ineffective so that the Court of Appeals would be forced to reverse the case.
The Ft. Worth Court of Appeals officially rejected that argument Wednesday, saying it was an intentional strategy that Carlile had acquiesced to.
“We are so thankful that the Court of Appeals saw through the Defense’s ridiculous strategy and affirmed this conviction,” John Gillespie, District Attorney, said. “Carlile is a dangerous sexual predator who is locked up where he can never harm another child.”
“Our system would grind to a halt if attorneys could just refuse to participate when they get an adverse ruling or as a strategy to keep a defendant out on bond,” Gillespie said. “They had every opportunity to participate in the trial and were advised by Judge Fudge to participate, but they chose not to call any witnesses or otherwise engage in the trial.”
“I am so proud of the work our team did in locking him up and in making sure this case stood up on appeal,” Gillespie said.
Carlile can seek review by the Court of Criminal Appeals, but such review is discretionary and the CCA only agrees to review a small percentage of cases where review is sought.
“We will continue the fight to uphold these sentences and keep this dangerous predator behind bars for life,” Gillespie said. “Hopefully, this opinion will give his victims some peace.”
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