Prosecution in James Staley's appeal allowed to delay filings
A court is giving prosecutors more time to prepare arguments against overturning the capital murder conviction of 2-year-old Jason Wilder McDaniel's killer, court documents show.
A brief that prosecutors will file to lay out their case to uphold James Irven Staley III's conviction is expected to respond to his attorney's allegations about a key search warrant.
The Second Court of Appeals in Fort Worth granted a second extension of time on Tuesday to the Wichita County District Attorney's Office. The DA's Office has a month longer to file the important brief — now due Feb. 2.
In Assistant DA Bryce Perry's request for another time extension, he pointed out the court gave Staley's appeals attorney, Keith S. Hampton, three extensions to file a brief advocating for the reversal of his client's conviction.
Perry, the DA's Office appeals specialist, also noted Hampton doesn't oppose an extension for prosecutors. In addition, Perry is busy assisting trial prosecutors and serving as lead appeals counsel on a bunch of cases.
In Hampton's Nov. 2 brief, he claims the searches of Staley's digital devices were unconstitutional, and a search warrant executed by Wichita Falls police was shoddily written and invalid.
More: Here's why former Clay County Sheriff Lyde didn't serve his full sentence behind bars
Electronic devices seized from Staley yielded disturbing messages and videos. They were key pieces of evidence prosecutors presented before Fort Worth jurors who found Staley guilty March 13 of capital murder of a person under 10.
Staley, who maintained his innocence in a courtroom at the Tarrant County Criminal Justice Center after his conviction, is serving a life sentence without parole at the Clements Unit east of Amarillo.
Prosecutors believe he smothered Wilder to death with a pillow on Oct. 11, 2018, in a bedroom of Staley's Wichita Falls home. Then Staley staged the death scene to make it look as if the child died as a result of a fall from a crib.
Wilder’s mother, Amber Nichole McDaniel, gave extensive testimony against Staley, her ex-boyfriend, during his trial. She and Wilder's father, Robert "Bubba" McDaniel Jr., married after their child's death. They have another son.
Amber, 33, was sentenced to two years in state jail in September for endangering Wilder by allowing him to be around Staley. She also received a sentence of five years of probation for tampering with evidence. She deleted electronic messages between herself and Staley.
She is serving time at the Woodman State Jail north of downtown Gatesville.
More: Former Old High choir director to have probation revocation hearing this week
Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her X handle is @Trishapedia.
This article originally appeared on Wichita Falls Times Record News: Prosecution in James Staley's appeal allowed to delay filings
