Pre-trial motion hearing for day care owner Jessica Tata accused of murder

  Pooja LodhiaHOUSTON (KTRK) -- A year after a horrific fire at an in-home day care, a woman accused of leaving very young and helpless kids alone is about to go on trial for murder. But first, critical decisions will be made about what evidence can be used against her.

Four small children were killed in February of last year when a fire broke out at a home day care in west Houston. Jessica Tata, the woman who was supposed to be watching them now faces murder charges.

On Monday she was in court as attorneys argued about what evidence should and should not be allowed in her upcoming trial.

Jessica Tata sat in the courtroom staring straight ahead. The now 24-year-old is charged with four felony murders, the first of which goes to trial next week.

"She's diabetic and we're dealing with that. My son went to get her an order for insulin. But other than that, she's doing as best she can in the situation she's in," said defense attorney Mike DeGuerin.

Prosecutors allege that on February 24, 2011 Tata went shopping when she was supposed to be watching several children at her home day care. Police say she left a pot of oil burning on an electric stove and while she was gone, the home burst into flames, killing four young children and injuring three.

Police say Tata then fled to Nigeria to avoid charges. She was arrested and retuned to the U.S. about a month later.

"People have an emotional reaction without knowing all the facts. That's the hardest thing," DeGuerin said.

In Monday's pretrial hearing, attorneys argued over allowing into trial certain evidence and testimony that was collected before Tata was charged. One big issue is Tata's computer and diary. Her landlord gave them to investigators without a search warrant after the fire. Investigators testified they didn't even consider Tata as a suspect when they first questioned her.

"Both sides have a different spin on it. The state says we didn't know she was a suspect. We just needed to know what was going on. The defense saying you knew very well that she was a suspect and would be the target of your investigation," said KTRK Legal Analyst Joel Androphy.

The hearing will resume on Wednesday morning.

A jury panel will fill out questionnaires later this week. Testimony in Tata's trial is set to begin October 24. The trial is expected to last one month.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Hearing in appeal of DeLay conviction put on hold

  AUSTIN, TX -- A court hearing that had been set for next week in the appeal of ex-U.S. House of Representatives Majority Leader Tom DeLay's 2010 money laundering convictions has been canceled.

The 3rd Court of Appeals in Austin on Friday canceled oral arguments in DeLay's appeal without giving a reason. No new date was set.

The Austin American-Statesman reports the cancellation follows a request by DeLay's attorney to have one of the justices on the court -- a Democrat -- recuse herself because of "anti-Republican remarks" the judge is alleged to have made at a political convention.

DeLay, a Houston-area Republican, has been free on bond pending his appeal of his three-year prison sentence for his role in a scheme to illegally funnel corporate money to Texas candidates in 2002.

(Copyright ©2012 by The Associated Press. All Rights Reserved.)
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Hearing to be held for 2 children living in bus

  CONROE, TX -- A judge is expected to decide whether two Houston-area children found living in an old school bus will remain in foster care.

A custody hearing is set for Wednesday in Conroe.

Child Protective Services took the children into custody in March after a postal worker raised concerns about their not being in school and living in deplorable conditions.

CPS would like the children to remain in its custody.

At the time they were put into foster care, the children were being cared for by an aunt. Their parents were in prison for embezzling money from victims of 2008's Hurricane Ike.

Their mother, Sherrie Shorten, is now out of prison and is working to regain custody. The children's father remains in prison.

(Copyright ©2012 by The Associated Press. All Rights Reserved.) Get more Local »

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Mom of kids found on school bus got to visit with children at custody hearing Friday

  SPLENDORA, TX (KTRK) -- A mother whose children were found living alone in a bus while she was in prison got to see her children.

Sherrie Shorten saw her 11-year-old daughter and 5-year-old son at a custody hearing Friday in Montgomery County. Shorten just got out of prison and is trying to get custody of her children.

The girl and boy were found living alone in a school bus in Splendora. The bus has electricity and running water. The children are in foster care for the time being.

"Went very good. Kids are very excited. They were asking when they can come home and when they can, you know, be back with mom and dad. And they're healthy, they're happy, they're like I said very excited," Shorten said.

She says is fixing up the bus so she can reunite with her kids.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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Hearing for man accused of running over wife, daughter

Tamiro Gillede is charged with injury to a child and aggravated assault of a family member.

  HOUSTON (KTRK) -- The man accused of running over his wife and 10-year-old daughter last week appeared in court Tuesday morning.

Tamiro Gillede is charged with injury to a child and aggravated assault of a family member. Gillede used a translator today during his probable cause hearing. Police say Gillede had an argument with his wife then left their southwest Houston apartment. A short time later Gillede is accused of hitting his wife and daughter with his car, then fleeing the scene on foot. Both the mom and daughter are still hospitalized in critical condition at Memorial Hermann Hospital. Gillede is being held without bond. He is due back in court on June 26. (Copyright ©2011 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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