New trial ordered for Blanco man
Lawyer provided inadequate defense for man convicted
in slaying, judges say
Criticizing a Blanco man’s defense lawyer and calling his trial unfair, a panel of federal judges Friday ordered a new trial for the man, who has served more than six years in prison for killing his wife.
Judges for the 5th U.S. Circuit Court of Appeals unanimously ruled that James B. Tenny should have another day in court.
In his original trial before a Blanco County jury in 1999, Tenny admitted plunging a knife into Joyce Mulvey in May 1997, killing her, but insisted that he had done it in self-defense after a brutal struggle in which he was also stabbed. The judge sentenced Tenny to 65 years in prison.
In April 2004, U.S. District Judge Sam Sparks in Austin overturned Tenny’s conviction and found fault with the Texas Court of Criminal Appeals, which chose not to review the conviction. Texas Attorney General Greg Abbott appealed Sparks’ decision to the 5th Circuit in New Orleans.
Writing for the court, Judge Patrick Higginbotham said Tenny’s steadfast claims of self-defense were not supported by his lawyer, John Bennett. The lawyer failed to contact witnesses, and the absence of their testimony prejudiced the jury, Higginbotham said.
”The prejudice here is plain,” the judge wrote in his opinion. ”Indeed, given the veritable absence of support for Tenny’s self-defense theory, we think there is substantial probability that the jury would have returned a different result.”
Bennett said Friday that he regretted not being able to respond to the ”blistering” he had taken in the appeals court ruling.
”Whether or not he gets a new trial, there still is an attorney-client privilege, as there should be,” Bennett said. ”There is no way you can really defend yourself, because your ultimate responsibility is to your client.”
Bill Schuurman, the lawyer appointed by a U.S. magistrate to represent Tenny, praised the independence of the federal court system for giving his client an appropriate hearing.
Schuurman, who said he originally thought Tenny was guilty, assembled a team of lawyers from his law firm, Vinson & Elkins, including Austin lawyer David Weaver, to investigate Tenny’s claims.
”Mr. Tenny’s lawyer failed to adequately defend his client during the trial,” Schuurman said Friday. ”The Texas criminal courts then failed in their responsibility to protect the right to a fair trial. Justice has prevailed.”
Edward Marty, general counsel for the Texas Criminal Court of Appeals, said Friday that he was not aware of the ruling in the Tenny case.
”And even if we knew what it was, the court would probably never comment on the work of another court,” he said.
Officials for the attorney general’s office were unavailable for comment late Friday.
mlisheron@statesman.com; 445-3663