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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Judge denies motion to dismiss in strip club fight

HOUSTON (KTRK) -- The battle between Harris County and the Houston strip club Treasures continues today. Closing arguments are underway in a civil trial that could result in the club being temporarily shut down.

Attorneys for the city and county say they've proven Treasures is a public nuisance, insisting the management has allowed drugs and prostitution to exist in the club for years. The suit even claims Treasures allows human trafficking.

One plaintiff's attorney argued, "We have shown ample evidence, your honor, that this is what happens when you go into Treasures. We've shown convictions for prostitution of dancers at Treasures."

They presented evidence of 41 arrests and nine convictions over nearly a four-year period.

That attorney went on to say, "Both arrests and convictions are evidence of knowing toleration of criminal activity."

Treasures argues that it has taken steps to curb crime, maintaining, they say, a zero-tolerance policy for illegal activity. They presented evidence that managers consistently patrol the club looking for sex or drugs. They also make dancers sign forms, saying they know they'll be fired for prostitution or drugs.

Tonya Garrison, attorney for Treasures, said, "They haven't told us what they want. Do they want the VIP rooms closed? Do they want the lights turned on? You could give an order to the judge that they need to have two guys dressed up like chickens with signs that say 'No Prostitutes.' That would be unreasonable."

The judge will decide whether to close Treasures temporarily while the case works its way toward trial. It could be a temporary closure, according to legal documents, of up to one year.

Stay with Eyewitness News and abc13.com for the latest on this story.

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

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Judge denies motion for contempt of court HPD chief

  HOUSTON (KTRK) -- Houston Police Chief Charles McClelland will not be held in contempt of court for comments he made about the trial involving a former officer accused of beating a teenage burglar.

Chief McClelland made comments to the media following his testimony on Tuesday that Andrew Blomberg should be prosecuted to the full extent of the law for his alleged role in the beating of Chad Holley.

The defense claimed those comments will make it difficult for Blomberg to get a fair trial. But as court reconvened this morning, the judge denied the motion.

Blomberg took the stand, telling jurors he didn't mistreat Holley, a burglary suspect who was 15 years old during a 2010 arrest that was caught on security video.

Blomberg testified that he never kicked the teenager's head or neck but used his foot only to secure the boy's arm.

Blomberg is charged with official oppression, a misdemeanor. He faces up to a year in jail if convicted.

The 29-year-old is the first of four fired police officers to stand trial for their roles in the alleged beating of Chad Holley.

In security camera footage of the March 2010 arrest, Holley, who is black, can be seen on the ground as officers appear to kick and hit his head, abdomen and legs.

We'll have more on this story this afternoon on ABC13 Eyewitness News.

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

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Judge rejects motion to hold HPD Chief Charles McClelland in contempt of court

HOUSTON (KTRK) -- Now for the latest on the trial of a Houston police officer accused of beating a teenage burglary suspect. On Wednesday, jurors got the chance to see part of the beating from a different angle.

Jurors got a chance to see video of the crime scene from a police helicopter as the defense called several officers to the stand. But the big story in the courtroom was Andrew Blomberg's defense team asking the judge to cite the police chief with contempt of court.

As Day 5 of Blomberg's official oppression trial continued, the jury got a chance to see this shaky police helicopter video of the moments before officers kicked and stomped teenage burglary suspect Chad Holley.

However, the accused former Houston police officer's defense team spent part of the morning focused on asking the judge to hold Police Chief Charles McClelland in contempt of court. And it's all over an article that appeared in Wednesday's local paper. It included statements the chief gave about Blomberg and other accused officers moments after the chief left the witness stand on Tuesday.

"I'm not saying I would disagree that Blomberg should be charged with a felony. I'm just saying that the specific statute, the way that it reads, it makes it very, very difficult," McClelland said.

Blomberg's defense lawyer Dick Deguerin called the police chief's statements outside the courtroom inappropriate. He asked the judge to cite McClelland for publicly calling for a conviction in the middle of trial.

On Tuesday, McClelland told us "I've certainly been open and transparent, and want Mr. Blomberg prosecuted to the full extent of the law.

On Wednesday, prosecutors reminded the judge there is no gag order in this case. During the afternoon the city attorney was called to the courtroom on the police chief's behalf.

"The discussion, just in general terms, is whether or not he had any particular restrictions on him, with respect to who he could speak to, about what once he left the courtroom," Houston City Attorney David Feldman said.

At this time, it's still unclear whether the judge will have a hearing about Chief McClelland's statements. For now, Blomberg's defense attorneys are continuing to call other witnesses.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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