Madden gets new trial

MIDLAND Yolanda Jean Madden will be home, at least for Christmas.

"We got a big old pot of beans and corn bread," said the Odessa woman’s grandmother, Doris Madden-Purdy, moments after U.S. District Judge Rob Junell ordered a new trial in connection with Yolanda Madden’s 2005 conviction with intent to distribute methamphetamine within 1,000 feet of a university, a junior high school and a playground. "She turned vegetarian on us."

Junell struck down Yolanda Madden’s five other claims in her motion to vacate, which largely claimed that errors on the part of her former defense attorneys were responsible for her conviction in the bench trial.

But it was a different story on Madden’s claim that federal prosecutors failed "to turn over exculpatory and/or impeachment evidence in its possession." While he said there was no sign of intentional wrongdoing on the part of the Odessa Police Department or the U.S. District Attorney’s Office, Junell said prosecutors’ failure to disclose a whited out OPD log-in sheet could have been used to impeach former OPD Cpl. Greg Travland’s testimony on the witness stand.

And that meant that Madden’s conviction would be vacated.

"The evidence was withheld, no matter how inadvertently, by the prosecution in this case," Junell said in his ruling. "The evidence in question is undeniably material, as this Court finds ‘there is a reasonable probability that, had the evidence been disclosed to the defense the result of the proceeding would have been different.’ "

In a hearing last month, Madden testified that Travland was lying when he testified in her trial about questioning her in the hours after her June 3, 2005, arrest. It was during that questioning that officers claimed Madden confessed to the crime.

The defense has said it wants to use the log-in sheet, which was related to the booking of Keith Phillips, an informant used against Madden, to show that Travland was not actually at the police department but was instead at the Ector County Detention Center bringing Phillips into jail.

Junell set a new trial date for March 1, 2010, but that could be pushed back if the prosecution appeals his decision.

Assistant U.S. Attorney John Klassen told Junell he knew he had at least 30 days to make an appeal. Efforts to reach Klassen after the status conference were unsuccessful.

The judge set Madden’s bond at $10,000, which is what it had been in her original case. Her father, Raymond Madden, signed papers securing her release while in the courtroom.

"We’re just about where we thought we’d be," Raymond Madden said after the status conference. "We’ve still got a battle to fight."

In March 2006, Junell sentenced Yolanda Madden to six years and six months in federal prison.

Before announcing his decision Friday, Junell addressed a signed final judgment in Madden’s favor that briefly showed up last week on PACER, the government’s electronic filing system. He said there was no "conspiracy," "black helicopters" or "grassy knoll," he merely pushed the wrong button on his computer, sending out one of a series of drafts he has on his computer.

"I quickly called and said, "Recall that,’ " he said. "It was a mistake on my part and nobody else’s. I apologize for all the consternation that came."

Junell also told the courtroom that reporters shouldn’t call to ask why a judge did something, like an Odessa American reporter did after the document was posted on PACER.

"Where we speak is in court," he said.

Junell also expressed concerns over comments posted on online blogs related to the Madden case, saying that there are cases in Florida and New Jersey in which people are accused of making threatening statements on the Internet about judges.

"I will tell anybody that makes threats against the judicial system that they will be investigated," Junell said. "No one wants to threaten anybody’s First Amendment rights, but when you threaten officers, that goes beyond the First Amendment."

Raymond Madden said he and his family had nothing to do with any threatening comments on the Odessa American’s or any other websites.

"Why would we do that? We’re winning," he said.

Raymond Madden said he had expected prosecutors to drop the case if Junell vacated the verdict. But he looks forward to seeing new evidence introduced in the second trial.

"These people have egos," he said. "The Feds do not like to lose."

Friday afternoon, OPD released a statement saying the city, "remains confident that justice will be served in this case," declining further comment.

Mark Sampson, Yolanda Madden’s Austin-based attorney, said he looks forward to the trial.

"I feel great," he said. "It’s wonderful."