“Prosecutors made the proceedings murky when they “married” the probation case with the homicide case, said Philip Hilder, a former federal prosecutor who now practices as a criminal defense attorney in Houston. They “botched” the manslaughter case, he said, by presenting the entirety of the evidence in the hearing, rather than sticking to a narrow set of relevant facts that could have secured a probation revocation.In a statement to the Express-News, the District Attorney’s office said, “Our prosecutors presented compelling evidence that we believed showed that Mark Daniel Lewis was guilty of Manslaughter. Unfortunately, the presiding judge disagreed and found the allegation that Lewis violated his probation ‘not true.’ Due to the lower standard of proof in a Motion to Revoke Probation hearing, our office is legally unable to proceed with a full criminal trial against Mark Daniel Lewis. Our thoughts and prayers remain with Kenne and her family.”
“They put themselves in this situation. They didn’t have to. They didn’t have to present all the evidence,” Hilder said. “They could have accomplished their goal by succinctly presenting the evidence that was relevant to the revocation rather than a shotgun approach. And now they’re suffering the consequences for trying to throw in too much that was not necessary.”
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