The jury returned with a verdict on punishment at approximately 4:45 pm this evening.  They assesssed the defendant's punishment for the first degree felony offense of Possession of a Controlled Substance With Intent to Deliver at 20 years confinement in the Texas Department of Criminal Justice-Institutional Division and a fine of $2,500.  The jury sent a very clear message that this type of crime would not be tolerated in Gray County.  After reading the verdict, Judge Emmert sentenced Jose Angel Palacios and Palacios was immediately taken into custody. The defendant was represented at trial by local attorney Jeff Jones.  The State's case was presented by Assistant District Attorney Jason Ferguson.

The first degree felony trial of Jose Angel Palacios began shortly after noon yesterday.  The jury of 4 women and 8 men began hearing testimony on the charge of Possession of Controlled Substances with Intent to Deliver which Palacios was alleged to have committed on April 17, 2006.  Assistant District Attorney Jason Ferguson elicited testimony from former police officer Casey Ingersoll, former evidence officer Corey Hernandez, Lt. Colby Brown with the Pampa Police Department and expert testimony from Roy Murphy with the DPS Crime Lab in Amarillo.   The court recessed the jury at approxmiately 5:00 pm yesterday.  Testimony resumed this morning with Det. Neal Gardner, primary officer on the case.  His testimony was followed by evidence officer Gary Noblett.  The State rested its case and the defense, presented by local attorney Jeff Jones elicited testimony from the defendant, Jose Angel Palacios.  The defense rested and closed.  The case was then submitted to the jury for deliberation at approximately 12: 50.  At approximately 2:10 pm the jury returned to the courtroom with a verdict of guilty.  Punishment testimony began shortly after.  The jury is expected to deliberate on punishment late this afternoon. Palacios faces a range of punishment from 5-99 years or life, a fine in the amount of $10,000 or probation.

From: Mark D. White, Attorney for Lynn Switzer, District Attorney of Gray County, Texas

Re: Hank Skinner

Today, the United States Supreme Court granted certiorari review in Skinner v. Switzer, No. 09-9000.

In January 2010, the United States District Court dismissed Mr. Skinner's civil rights lawsuit, and the Fifth Circuit Court of Appeals affirmed the decision.  Mr. Skinner petitioned the United States Supreme Court seeking further review, and that request was granted by today's order.

Our office responded to Mr. Skinner's civil rights litigation by taking positions strictly in accordance with the controlling law of the State of Texas, and the Fifth Circuit Court of Appeals, and the briefing we filed primarily challenged whether the District Court had jurisdiction to reach Mr. Skinner's complaint. 

There have been many inquiries about why Lynn Switzer has opposed Mr. Skinner's request for post-trial DNA testing.  It is important for the citizens of Gray County to view that request in light of the procedural background of this case. 

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Not very many people realize that the District Attorney's office is one of the few offices within the County Government that actually contributes to the county income.  For example since I took office in March of 2005 until December of 2009 my office has brought in a total of $678,203.98 for Gray County alone.  This is money actually collected and available for Gray County to use as the commissioners see fit, including paying for the cost of prosecutions. 

Texas Young Lawyers Association (TYLA) has a website that has relevant and updated information for parents, educators and teens dealing with a variety of topics from the Supreme Court to how to deal with divorce.  Their website is www.tyla.org.