A woman convicted 9 years ago of killing 10 people at the Nocona General Hospital was in the Montague County Courtroom Thursday morning for an evidentiary hearing.
Vickie Dawn Jackson and her defense team are seeking a new trial.
The evidence in question was a syringe found in a trash can at Jackson's home.
Jackson was dubbed the "Angel of Death". 9 years ago the syringe was tested for the drug mivacurium, which Jackson allegedly injected 10 patients with at the hospital causing patients to stop breathing. The syringe was also tested for fingerprints. That syringe has since been destroyed.
Seven witnesses took the stand in the evidentiary hearing on Thursday. The witnesses included two attorneys of Jackson's past defense team, the former Montague County Sheriff (Sheriff at the time of murders), Police Chief of Nocona, and the former investigator for the 97th District Court (investigator at the time of the murders) and a doctor who partners with the Nocona General Hospital. Witnesses said on Thursday that the syringe was never tested for DNA.
"We wanted to lay out for the court that that was done outside of the statue that requires evidence be kept unless she is provided with notice. I think that we've established that. Now the judge will determine whether or not, the fact that that has happened entitles her to a new trial," said Attorney Representing Vickie Jackson, Julia Bella.
Bella also said the syringe could have been tested to prove Jackson's innocence.
This is the second time a request has been made for an evidentiary hearing for Jackson.
The judge has requested that both the defense and prosecution submit "proposed findings of fact conclusions of law". This means that each side will submit a set of statements that believe the evidence showed. The judge is expected to fill out his own that would lead to the outcome that each side wants. The defense would like a new trial for Jackson while the prosecution would like a dismissal of her writ.
Here is the original story of Vickie Dawn Jackson written October of 2006:
SAN ANGELO (AP) - A former nurse was sentenced Thursday to life in prison for killing 10 patients with a paralyzing drug that stopped their breathing at a North Texas hospital nearly six years ago.
Vickie Dawn Jackson, who on Tuesday pleaded no contest to capital murder, was sentenced after prosecutors presented evidence to a judge in a brief hearing. The state had to prove its case because in a no contest plea, a defendant does not admit guilt.
A life sentence was automatic because prosecutors were not seeking the death penalty. Jackson showed no emotion, then quietly answered "yes" twice when state District Judge Roger Towery asked if she was waiving her right to appeal and if she was satisfied with her attorneys.
FBI Special Agent David Burns testified that Jackson, a licensed vocational nurse, was angered by patients when other nurses were compassionate and showed humor. He said the Nocona General Hospital patients were hospitalized for minor ailments - including a foot sore, diarrhea or dementia - and were about to be released, so they were anxious and a bit more demanding.