The Daily Blotter 07/01/09

AUSTIN (KXAN) - Man faces three counts of intoxicated manslaughter

John Horn, the 29-year-old man responsible for the deaths of three people, had drugs in his system at the time of the car accident.

On June 8, Russell Rutland, 37, and his two children were found in a wreck on Highway 71. Two other children were in the car, but were released with minor injuries. State troopers alleged Horn was under the influence of methamphetamines at the time of the accident. The Texas Department of Public Safety could not confirm which drugs were found in his system, but they did mention alcohol was not one of them.

Horn has a lengthy criminal history, including arrests for assault, retaliation, driving with a suspended license, and evading arrest.

"I hope that they take the time and put this man away," said Michael Rutland, Russell' brother. "I don't want him put to death, I want him to live with it for the rest of his life, because I'm going to have to live with it for the rest of mine."

DPS plans to charge Horn with three counts of intoxicated manslaughter.

-Blair Shiff

Rodney Reed denied another appeal

Rodney Reed has once again been denied a new trial by the Texas Court of Criminal Appeals.

Reed is on Death Row for the murder of Stacy Stites, 19, in Bastrop County.

His lawyers have argued that Stites' boyfriend, former Georgetown police officer Jimmy Fennell, could have committed the murder. Fennel has always maintained his innocence, but was recently sent to prison for kidnapping and improper sexual activity with a woman in custody.

Sian Schilhab, general council for the Texas Court of Criminal Appeals, said Wednesday in a telephone interview the court did not feel Fennel's latest appeal adequately determined the need for another look at his case.

Schilhab said the most recent filing raised more allegations of Fennell's misconduct with the Georgetown Police Department, as well as new evidence that Stites was seen with another person before she died is pressing.

Schilhab said this new unnamed witness had very ambiguous details and actually only saw a white woman and another man together. She said the witness could not adequately identify either party.

The court also ruled in January that evidence in another filing still supported Reed's guilt.

His attorneys took the case to a federal court, but cannot appeal Wednesday’s ruling. His attorneys have said they are prepared to go to the U.S. Supreme Court, as well.

Reed's attorneys were not available for comment, Wednesday.

-Shane Allen