HOUSTON - One district attorney is now helping another. The Montgomery County District Attorney Brett Ligon has been appointed as special prosecutor in a capital murder case that happened in Harris County in 2015; The State of Texas vs. Shannon Miles, the man accused of gunning down Deputy Darren Goforth.
The new prosecution team is now playing catch-up on the evidence in the case that received national attention.
"We're behind the 8 ball right now," Ligon said. "The defense attorney (Anthony Osso) has had this case for a year and a half. He's litigated these matters. He's a very good criminal defense attorney."
Osso said, "Our client, as a result of his episodic psychosis, has no recollection of the day in question. So that's a problem."
Also in question, what was officer Goforth doing at the convenience store at the time of the crime? The defense attorney does not believe he was getting gas as has been continually reported.
"We don't want the potential jury pool to be tainted by information that's disseminated that's incorrect," Osso said.
The defense may eventually request a change of venue.
Opposing counsel will meet again in August after the prosecution is up to speed on the evidence.
"My mama told me a long time ago, you got two ears and one mouth which means you need to listen twice as much as what you talk," Ligon said.
All legal parties are also expected back in court in early September. Ligon said that's when they will decide how to proceed against Miles.
"We'll make a formal determination as to whether or not we'll seek the death penalty," he said.
The Montgomery County DA will try the case with help from the Galveston County district attorney and the Texas Attorney General.
Harris County DA Kim Ogg requested a special prosecutor because one member of her staff, while in private practice, represented a member of Miles' family during the murder investigation. Ogg said she wants to avoid any appearance of impropriety.
Now, will justice be served?