Hide Article Text (OCR)
Battle over map to grave continuesDefendant’s attorney says forcing her to disclose baby’s burial site was illegalAUSTIN (AP) —* The maps that led law enforcement officials to the body of infant Brandon Baugh remain the focus of a legal debate concerning the prosecution of hisbaby sitter on a capital murder charge.Travis County Sheriff Terry Keel and prosecutor Rosemary Lehmberg obtained the maps — which were made by baby sitter Cathy Lynn Henderson —~ from Henderson’s lawyer in a court battle over attorney-client privilege.Henderson’s lawyer, Nona Byington, said the maps were confidential communications that could not be revealed. Keel and Lehmberg said the baby’s kidnapping was a continuing crime that required Byington to cooperate with investigators.State District Judge John Wisser of Austin, in directing Byington to release the maps, ruled that Henderson initially drew the maps not as a communication with herattorney, which would be protected, but to aid law officers.Using the maps, law officers found Brandon’s body buried in a shallow grave near Temple, An autopsy showed a massive head injury.But that evidence could be excluded from Henderson’s trial if an apjieals court later rules that the maps were illegally ordered to be released. State law prohibits prosecutors from using any evidence determined to have been seized illegally,Eryn Baugh, Brandon’s father, has no question about Keel’s handling of the case.“If he hadn't been sheriff, I wouldn’t have my son back,” Baugh was quoted as saying in the Austin American-Statcsman.The turnover of the maps also has some support from lawyers and law professors, although others believe Wisser ruled incorrectly.Bob Dawson, a University of Texas law school professor who heads the school’s criminal defense clinic, said Henderson could have turned over the maps to law enforcement if she wanted to.'“Ordinarily, the government would not even think about trying to compel an attorney to disclose communications, it’s just not done,” he said.Jan Soifer, president-elect of the Travis County Bar Association, said local lawyers are concerned that if Henderson is convicted, the conviction will not be- upheld.“A successful appeal will be seen as evidence the system doesn’t work and that she got off on a legal technicality,” she said.Some believe Wisser’s decision for the maps m be released will survive on appeal.“The cases say that a document like this, if it Is intended for disclosure, then it doesn’t matter if the client later changes her mind,” said UT law professor Guy Wellborn.
Newspaper Details
Odessa American
Odessa, Texas, US
Sun, Feb 20, 1994
Page 43
Full Page
Clipped by
Jared T.
NA, NA 14 Aug 2023
Other Publications Near Odessa, Texas
Odessa American
