Peach resigns in protest from DA’s office
| May 12th, 2009 | Category: Cops & Courts, Hays County, News, Top Stories | 1 Comment »By SEAN WARDWELL
Managing Editor
Hays County Assistant District Attorney Lynn Peach, the whistleblower whose allegations of misconduct recently caused the District Attorney’s Office to recuse itself from the retrial of Shawn Nathan Shipman, tendered her resignation Monday.
“I believe that the profound philosophical differences that exist between office policy and myself are unworkable,” Peach said. “I will be going into private practice after spending too many years to count believing that I would always be a career prosecutor. No matter what happens from this point on or the circumstances, I believe that I did the right thing.”
Peach said she intends to remain and practice in San Marcos.
Hays County District Attorney Sherri Tibbe filed a motion this week to recuse both herself and her staff from Shipman’s retrial. David S. Watts, Shipman’s legal counsel, indicated to the district attorney’s office that he has no objection to the motion. However, the court has yet to rule on it.
Shipman was arrested in 2007 on narcotics charges and pleaded guilty to delivery or distribution of a dangerous drug. Under a plea agreement, he was sentenced to the 498 days of time he had already served. However, Peach alerted Watts to the possibility of misconduct in the case against his client, resulting in a new trial.
Peach testified that the original informant against Shipman was not a concerned citizen, as San Marcos Police Department (SMPD) Detective Laray Taylor and Hays County Assistant District Attorney Chris Johnson represented. Rather, said Peach, the original informant was a confidential informant who was cooperating with police to better her own legal situation.
Shortly after Peach testified, District Judge Jack Robison recused himself from the case and the district attorney’s office was not given the chance to cross-examine Peach. Shipman was granted a new trial on May 4, with Tibbe offering no objection.
“There’s been a taint on Mr. Shipman’s conviction,” said Tibbe during the hearing.
Shipman’s new trial is scheduled for late June.
It’s nice to know that there are still attorneys that believe in ethics and have moral principles they stand by. It’s unfortunate however that they find the need to go into private practice, leaving those less fortunate to deal with whose left in the county. Either way, congratulations on your decision Ms. Peach and good luck.