Clock is ticking on next step in James Staley's capital murder appeal
The clock is ticking on a crucial step in James Irven Staley III's appeal of his capital murder conviction for killing 2-year-old Jason Wilder McDaniel, according to court documents.
Staley, 40, is serving a life sentence without parole at the Bill Clements Unit east of Amarillo where he is temporarily not allowed to receive visitors, according to the Texas Department of Criminal Justice.
A brief presenting Staley's grounds for appeal is due Aug. 23 to the Second Court of Appeals in Fort Worth from his attorney J. Warren St. John. Wichita County taxpayers are picking up the tab for Staley's appeal lawyer.
The deadline was triggered on Monday when the court reporter filed the record of Staley's trial. The murder case has been followed closely since Wilder's death by suffocation Oct. 11, 2018, in Staley's Wichita Falls home.
The court reporter's record detailed a complicated trial in Fort Worth that lasted approximately 13 days, including jury selection that began Feb. 22.
A 12-person jury found Staley guilty of capital murder of a person under 10 on March 13 at the Tim Curry Criminal Justice Center where the trial was moved. Senior District Judge Everett Young handed down an automatic sentence of life without parole the same day.
The descendant of a wealthy Wichita Falls oil family who was, himself, once active in the energy business, Staley was led away from the courtroom in handcuffs to begin serving time — but not before he proclaimed he didn't kill Wilder. Some observers in the gallery reacted with anger to his outburst.
More: DA on Staley: Connecting a psychopath's puzzle pieces for Wilder's murder
After St. John files a brief detailing the grounds for Staley's appeal, the prosecution is expected to respond with a brief laying out arguments against the appeal. Wichita County Assistant District Attorney Bryce Perry, appeals specialist for the DA's Office, is assigned to the case.
If the prosecution or defense do not ask to present oral arguments, the case can be submitted based on the briefs.
Gillespie has said he thinks the prosecution is in good shape for the appeal, which is a standard for every defendant.
St. John needed to review the trial record before deciding how to move forward, saying in April that he had "to read everything that transpired."
Amber's attorney requests change of venue
Wilder's mom, Amber Nichole McDaniel, testified against Staley during the trial. She admitted she didn't protect her son from her former boyfriend during her extensive testimony.
Amber, 33, pleaded guilty to charges of endangering a child and tampering with evidence before 30th District Judge Jeff McKnight at the Wichita County Courthouse. Proceedings to determine her punishment were set to begin Sept. 11.
But a jury in Tarrant County may determine her punishment. Defense attorney Mark Barber filed a motion July 20 requesting a change of venue to Tarrant County.
The defense and prosecution agreed Amber's punishment trial needs a change of venue because of pre-trial publicity, but they had not determined where that might be just after she pleaded guilty April 28.
Amber tearfully entered a guilty plea while her husband and Wilder's father, Robert "Bubba" McDaniel Jr., 40, looked on from the gallery. She did not have a plea deal in place then nor when she testified against Staley.
More: A mother's tears, a mother's punishment: What will happen to Wilder's mom?
Amber, 33, is eligible for probation for both offenses, which are connected to Wilder's death. She has not previously been convicted of a felony.
Tampering with evidence is a third-degree felony which carries a sentence of two to 10 years in prison. Endangering a child is a state jail felony punishable by six months to 24 months in state jail.
Trish Choate, enterprise watchdog reporter for the Times Record News in Wichita Falls, covers education, courts, breaking news, investigative projects and more. Contact Trish with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia.
This article originally appeared on Wichita Falls Times Record News: Clock is ticking on James Staley's capital murder appeal
