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Judge lets Chody trial continue despite weak case, per prosecutors

Judge refuses delay, pushes forward with Chody/Nassour trial. State prosecutors claimed the ruling on privacy restrictions prevented them from trying the case, but the judge disagreed, ensuring the trial will proceed.

Published August 14, 2024 at 5:05pm by Claire Osborn

Prosecutors tried to halt trial of former sheriff, attorney over ‘Live PD’ video, saying judge’s ruling invalidated their case

Prosecutors tried to halt the trial of Robert Chody and Jason Nassour on Wednesday, saying a judge’s decision on the federal privacy law meant they couldn’t enter evidence that proved their case. https://www.statesman.com/news/2023/08/01/robert-chody-jason-nassour-live-pd-trial-latest-wednesday/

“It effectively invalidates our entire prosecution,” Prosecutor Mike Waldman said. “It makes it where we cannot prove the case with what we have left.”

District Judge Karen Sage objected, saying prosecutors had many other allegations in their case and should keep calling witnesses. Sage said she made her ruling on the federal private protection act months ago and it became clear to prosecutors Wednesday. “That to me is not a reason to stop this trial,” she said.

Chody, the former Williamson County sheriff, and Nassour, the county’s assistant attorney, are accused of tampering with evidence and conspiracy in the 2019 in-custody death of Javier Ambler. https://www.statesman.com/news/2020/06/08/javier-ambler-live-pd-williamson-county-sheriff-robert-chody-vh1/

Ambler died after a chase by deputies who were filming with “Live PD.” Chody and Nassour are accused of ensuring video of Ambler’s death was never seen by investigators or the public. Producers says the video was destroyed.

Colin Mica, a “Live PD” cameraman, testified Wednesday that he filmed Ambler’s struggle with deputies and CPR efforts but stopped filming when Ambler was placed on a gurney. Mica said Chody never asked him to destroy evidence.

Also Wednesday, jurors saw a video of county officials discussing their contract with “Live PD” in 2018, with a clause saying video could be destroyed within 30 days. County Judge Dan Gattis testified he was “concerned that the contract was being pushed faster than it needed to be pushed.”

Defense attorneys for Chody and Nassour said the blame for not saving the video rested with Austin police and the Travis County district attorney’s office.

Links:

https://www.statesman.com/news/2023/08/01/robert-chody-jason-nassour-live-pd-trial-latest-wednesday/
https://www.statesman.com/news/2020/06/08/javier-ambler-live-pd-williamson-county-sheriff-robert-chody-vh1/