90 F. App'x 288 - Torres v. Lytle’s Empirical Analysis

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1 federal appellate ·

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1. “[N]one of the evidence presented at trial ... points toward retaliation for the 1997 arson report (as opposed to the 1999 property damage testimony). Indeed, according to Mr. Torres, there was no evidence that he even knew about that report. The threatening letter itself seems at least partially motivated by a quarrel over a woman named Ruby, and even to the extent it does seem to be in retaliation for giving information, it makes no reference to the September 1 arson report. It was sent two days after Mr. Medina’s testimony in the misdemeanor trial involving the September 15 incident, and about two years after Mr. Medina’s report to the police regarding the September 1 alleged arson. Furthermore, Mr. Medina admitted that in the two years between his arson report and his testimony in the misdemeanor trial, Mr. Torres took no retaliatory action against him. Indeed, Mr. Medina testified that he believed the letter was sent in retaliation for his testimony at the misdemeanor trial. The timing of the letter tends to confirm that theory.”

   1 later decision quote this exact passage · from the majority
   e.g. Torres v. Lytle

2. “it was necessary for the State to prove that the Defendant had retaliated against Ralph Medina for the commission or possible commission of a felony. The Defendant argued that by Mr. Medina's own testimony, the Defendant was retaliating against him for his testimony in Rio Arriba Magistrate Court, concerning the misdemeanor charge of Criminal Damage to Property.... The Defendant argued that there existed no felony upon which the charges could be based. More specifically, the Defendant argued that the State had failed to establish sufficient proof of a nexus between the uncharged crimes which Medina suspected the Defendant to have committed on September 1, 1997 and the letter written in July 1999.... There was no testimony at trial by law enforcement as to any possible felony for which the Defendant was being investigated or charged.... Accordingly, the Defense argued that there was no evidence that the letter was sent for any other reason than Medina's testimony at [the misdemeanor] trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Torres v. Lytle