Famed killer back in court
Bernie Tiede, subject of quirky film, tries to remain out of prison.
Bernie Tiede, whose 1996 killing of an elderly companion was portrayed in the quirky movie “Bernie,” returns to court Tuesday for a pretrial hearing in his quest to remain out of prison — a bid that has grown more difficult in recent months.
State District Judge Diane DeVasto has been asked to rule on a string of motions that includes Tiede’s request to dismiss an 18-year-old theft charge, arguing that it violates his right to a speedy trial. DeVasto also will weigh competing — sometimes bickering — motions from defense lawyers and prosecutors over how the victim’s family should be treated, who should be allowed to testify and whether the trial should be moved from Tiede’s East Texas hometown of Carthage.
Much has changed in Tiede’s case since he was released from prison on bond in May 2014 and granted a new sentencing trial by the state’s highest criminal court six months later.
Prosecutor Danny Buck Davidson, who was ready to seek a sentence of time served in prison (17 years), has stepped aside under pressure from members of the victim’s family who want Tiede back in prison.
Davidson was replaced by Assistant Attorney General Lisa Tanner, who told DeVasto in a court filing that the deal for time served is off the table. “This is not the state’s recommendation and no plea agreement currently exists,” Tanner wrote, adding that she will oppose four other defense motions that Davidson had previously agreed to.
At the judge’s urging, lawyers on both sides have agreed not to discuss the case outside of the Carthage courtroom.
Since his release, Tiede has been living in a garage apartment behind the Austin home of Richard Linklater, who directed “Bernie,” and Tiede is working part time at two local nonprofits.
Tuesday’s hearing will prepare for a trial, set for Jan. 11, that will have two parts —
a sentencing phase for his murder conviction, which wasn’t overturned on appeal, and a trial on theft charges alleging that he spent an estimated $618,000 belonging to victim Marjorie Nugent, an elderly widow he had befriended despite their 43-year age difference.
Tiede was sentenced to life in prison for shooting Nugent and stuffing her body into a large freezer, where she lay undiscovered for nine months, while he spent her fortune largely on gifts for others that included college scholarships, cars for people who needed them and a home for a struggling couple.
In 1999, Davidson aggressively prosecuted Tiede for murder, believing him to be a cold-blooded killer who shot Nugent in the back, then carried on as if nothing had happened. After the trial, Davidson praised jurors for handing Tiede a life sentence.
Newly discovered evidence that Tiede had been sexually abused by his uncle helped explain many of his actions before and after Nugent’s murder, Davidson has said, adding that had he known about the abuse, he would have pushed for no more than a 20-year sentence.
Last year, Davidson agreed to join defense lawyers in asking the Court of Criminal Appeals to grant a new sentencing trial so jurors could hear the evidence of abuse before deciding Tiede’s punishment.
Tiede also will be tried on the theft charge, which had been left pending after he was found guilty of murder. The statute of limitations doesn’t apply after an indictment has been issued.
During Tuesday’s hearing, defense lawyer Jodi Cole will argue that the theft charge should be dismissed because it violates Tiede’s right to a speedy trial, particularly after several potential witnesses have died.
Cole’s lengthy motion to dismiss the theft charge also argued that police improperly coerced Tiede’s confession to murder and theft, saying she found evidence that he was threatened with the release of a homemade video showing him having sex with two married men if he didn’t sign a police-drafted confession. Cole’s motion also alleged that some members of Nugent’s family worked behind the scenes to press for a lighter sentence in 1999 if Tiede helped them in a probate fight over Nugent’s estate.
Tanner urged the judge to ignore the “spurious allegations” against police and Nugent’s family, saying they were “utterly irrelevant to a speedy trial analysis.”
The death of potential witnesses, the prosecutor added, shouldn’t matter because others are still alive who could present the same information.
Other questions awaiting a decision by the judge include:
Should a man who said he also was sexually abused by Tiede’s uncle be allowed to testify at the sentencing trial? Defense lawyers say Todd Hine can offer insight into the long-term consequences of the abuse in ways that Tiede, who is still receiving counseling, cannot. But Tanner said Tiede’s allegation of abuse should be examined at trial before being accepted, and she said Hine shouldn’t be allowed to testify because he isn’t an acknowledged expert on abuse.
Should Nugent’s family be allowed to file court briefs arguing against Tiede’s freedom? Cole moved to strike the filings, saying victim’s families don’t have standing to participate in criminal trials before sentencing. Tanner asked DeVasto to allow it, saying judges have the discretion to accept or reject information from a victim’s family.
Should January’s trial be moved from Panola County? Prosecutors asked for the change of venue, saying a large number of area jurors have already formed an opinion about the case, particularly after release of the movie “Bernie.”