Talib’s Motion Reveals Some Legal Strategy
June 11th, 2012
Thursday was “Discovery” day in the case of Texas vs. Aqib Talib, and it seems Talib’s legal team wants a lot more information from the State in regards to Shannon Billings, the registered sex criminal who allegedly was harrassing Talib’s sister on the day Talib was accused of shooting at Billings while he fled from Talib’s sisters house.
If you remember the story from Billings to the Garland police, Billings said he managed to be running for his life at dusk fleeing Talib’s mother shooting at him but was able to glance over his shoulder in the frenetic scene and see Talib with a gun and know Aqib Talib, not his mother, was shooting at him.
Per a Motion For Evidence Favorable To The Defendant filed by Talib’s legal team, they are seeking the following from the State:
1) The District Attorney file in the 1997 child sex assault case against Shannon Billings “for the development of impeachment evidence, including but not limited to witnesses to whom Billings has been untruthful. This would include investigating officers and the complainants in those cases.” Talib’s team states it wants data necessary to contact the complainants, “who will most certainly testify that Mr. Billings is not law abiding.”
2) The District Attorney file in a child sex assault case filed against Billings on 11/29/11, “which is subsequent” to Talib’s arrest.
3) The District Attorney file in a currently pending child sex assault case against Billings.
4) The District Attorney file, “including pictures, of the Assault Family Violence case involving Saran Talib. Defendant would also inspect the file for evidence of any sort of deal cut for Mr. Billings.”
It’s no surprise that Team Talib will come after the credibility of the prosecution’s star witness, Billings. How could they not?
Talib’s trial remains on the Dallas County docket for June 25.
June 11th, 2012 at 5:30 pm
As I said before (when Thomas and others were trying to burn him at the stake,) there’s no chance Talib is going to jail for this.
June 11th, 2012 at 5:42 pm
I’m hopeful his legal team tears them a new arse.
June 11th, 2012 at 5:51 pm
Joe,
Your summary in paragraph #2 omits that:
Talib’s mom stated that she never fired the gun and agreed that Aqib must have if she didn’t.
Law enforcement narrowed it down to one or the other: Talib or his mom and her statement incriminates Aqib – so does all of the physical evidence, Talib’s disappearance after the shooting wearing different clothes after having showered (to wash off gun residue etc) and then lies to the police about all of that which he later admitted.
Yes the victim is a criminal but so is Aqib, it is impossible to say how much of the character evidence comes in and what a jury will do. I say conviction.
June 11th, 2012 at 5:57 pm
If Thomas says conviction, then Talib should be confident.
June 11th, 2012 at 6:14 pm
Actually, Thomas…she did claim that. But after several witnesses said otherwise at the scene, she changed her story. Multiple times. YOU omitted that.
Personally, I don’t think Talib should be convicted…but I DO think he deserves a year suspension.
June 11th, 2012 at 6:15 pm
lol
June 11th, 2012 at 6:17 pm
Leave it to Thomas2.2 to champion a woman-beating pederast over a Buc.
“We’ve interviewed 17 or 19 witnesses and none of them say Aqib Talib had a gun. He wasn’t handling a gun.”
June 11th, 2012 at 6:18 pm
It sounds like posturing by the defense, to strike the best plea bargain they can get from the prosecution.
I think this case will be settled by a plea bargain. No way the state will want to take this to trial with any chance of losing, and Talib can’t afford a felony conviction.
I would not be surprised if a deal has not already been agreed upon, in principle.
The Prosecution must be able to save face here, and this Motion will remind people they do not have the worlds best defendant to convict Talib with.
June 11th, 2012 at 6:19 pm
He won’t get suspended either, its been reported multiple times now that due to the timing involved his alleged actions will not be subject to Goodell’s wrath under this CBA.
June 11th, 2012 at 6:22 pm
Chris, incorrect, check the record.
The defense has plead not guilty. Meaning they think there’s zero chance he’s going to get convicted and possibly might get dismissed prior to a trial.
If they had any fears he might get convicted they would have plead no contest and considered plea bargaining.
June 11th, 2012 at 6:30 pm
Kh:
You could not be more wrong. No contest means you go directly to sentencing. To get a trial date you must plead not guilty.
I think Talib’s Motion smells like a Continuance ploy – 2 weeks pre-trial still have not seen prosecution exhibits related to the Victim – not sure when these materials were requested by Talib but being unfamiliar with Texas Law in Florida we would typically have seen these docs if discoverable by now.
Interesting development.
Many cases settle on the eve of trial but this one is looking like a goer and the State is not budging – they seem to be doing a very good job being quiet, strong and committed so far.
June 11th, 2012 at 7:14 pm
Your first paragraph is exactly what I meant, if Talib’s lawyer thought he had a chance of going to jail over this he wouldn’t have wanted it to go to trial. That they were so eager to go to trial (read his lawyers quotes at the time) suggests they think it won’t lead to a conviction.
June 11th, 2012 at 7:18 pm
When the witness is a state witness all details of present prosecutions are admissible not for bad character but to establish motive to lie in order to curry favor from the state.
Of course once that bell has been rung the jury is free to conclude what a scumbag this guy is and decide to nullify.
I like talib’s chances. A defense atorney’s dream cross examining
billings.
June 11th, 2012 at 7:45 pm
Eric:
Do you know if the Rules of Evidence re admissibility of Other Prosecutions, prior or present, is identical in Texas? I sure don’t and doubt that it is.
June 11th, 2012 at 7:52 pm
@thomas
No I do not. But the right flows from The Sixth Amendment.
June 11th, 2012 at 7:53 pm
I’m not happy with Talib’s behavior but I’m baffled that the State Attorney has continued to pursue this course. I have not read anything that seems credible to prove beyond a doubt that Aqib did anything. It sounds like everyone in the entire neighborhood has been in trouble with the law at some point in time. I see this as a no harm, no foul situation. It’s like a big game of liar’s poker, and a total waste of tax payer money. I question if any citizen in Texas really cares one way or the other.
I’m from Texas and I’m going to play the Race card. I believe if Talib was white, shooting at a black that abused his sister, he would have been given a medal. Or it surely would have fallen under Stand your Ground. I may be wrong but I’ve been throwing stuff at the wall today and wanted to see if this sticks.
June 11th, 2012 at 7:53 pm
Not a state issue Thomas
June 11th, 2012 at 8:00 pm
@thomas
Davis v Alaska is the applicable SCOTUS case, which has been repeatedly followed in the Texas Court of Appeals.
All the pending charges are totally fair game to expose bias, whether or not Billing has any sort of deal with the state.
June 11th, 2012 at 9:04 pm
Thomas,
You are wrong about the shot that was fired. You should re-read the report. The shot that his mom was referring to was the shot that discharged when the pedophile was running with the gun and dropped it. It discharged upon impact with the ground. What the cops asked his mother “is it possible that Aquib fired the shot since you heard it but did not see it?” Her response was yes it’s possible. But the report itself unquestionably attributes that shot to the pedophile. Conflating facts won’t help you here. We will both be watching 25 this fall.
June 11th, 2012 at 9:15 pm
@BigMacAttack,
Please, no one wants that hear that racist crap. The whole Talib family is huge mess weather he gets out of this or not. You should be putting down that type of behavior regardless of color, not taking subtle jabs at white people. I don’t know of any white people being given medals for waving and shooting guns in residential neiborhoods.
June 11th, 2012 at 9:46 pm
Aqib talib is a good fair and innocent man.
June 11th, 2012 at 9:47 pm
I wonder what charges would have been filed if Aqib was a cop. Maybe racism is the wrong word, but double standard may not be. If Aqib was Jason Witten and this happened in Canyon Creek, shooting at a felon, the results would have been different.
June 11th, 2012 at 9:56 pm
Can’t assume everyone or anyone has racist motives, without proof. Especially since victim is also African American I think.
And remember Lyndon Johnson was a Texan, he of the Civil Rights Act of 1964.
Lots of good fair minded people in Texas IMO.
June 11th, 2012 at 10:29 pm
What about the pistol whipping he didnt do that either??
June 11th, 2012 at 10:29 pm
Say it with me now…. waste of tax payer money…. congrats on wasting your court time Texas… move along… Talib will be a Buc come the fall… nothing to see here
June 12th, 2012 at 12:20 am
We are all hoping that Talib gets off without a suspension. Talib, Wright, and Biggers is much better that Wright, Biggers, and anyone else. Talib gives our defense a little more credibilty.