Missing key evidence and other evidence stored improperly, prompted District Attorney Anne Pickle to ask the judge to dismiss a murder case against Courtney Minter Miller on the third day of trial, and Pickle is calling for the Texas Rangers to investigate the police department.
Pickle Wednesday afternoon issued a press release, stating that she has requested the Texas Rangers open an investigation into “this matter of evidence integrity.” She said her office will assist the Texas Rangers with the investigation of the police department.
Pickle’s request for dismissal came at about 11:15 a.m., after witness Steven Boyd testified about his frantic demands for police and firemen to get Rexie McMullen out of the blazing house. Boyd left the stand and Pickle indicated to the court that she was having problems finding evidence stored in the Jasper Police Department’s evidence room. District Judge Craig Mixson granted Defense Attorney Matt Morian’s request to accompany Pickle and her staff to search the police department’s evidence room for the evidence.
Neither Pickle nor Morian would say what the evidence included. Both said they would give more details at a later time. After returning from the police evidence room, Pickle made the motion to dismiss. Mixson told Minter Miller that she was free to go when she completed the paperwork for her bond. He thanked jurors for their three days of service.
Pickle said after the trial ended that she made her decision to dismiss based on the “integrity of the evidence.” She confirmed that key evidence had been lost and other items had not been stored properly.
“My aim is to seek justice not convictions.” She said she could not go forward in fairness under the circumstances. Evidence was gathered and stored in 2022 under then-police chief Gerald Hall, who has since retired.
Pickle said she is upset and disgusted with the outcome, especially for Rexie McMullen’s family, who grieve his loss.
“Today, while putting on evidence for the third day of trial in the case styled, the State of Texas versus Courtney Minter, my office became aware of material issues with the integrity of certain evidence maintained by the arresting agency. Because of this, I felt it would be unethical to proceed with the prosecution of this case. As district attorney, I have taken an oath, along with all prosecutors in the state, to seek justice, not convictions, and without the integrity of the evidence, a fair and impartial trial could not take place. ”My staff and I are extremely disappointed and heartbroken for the family and friends of Rexie McMullen, whose murder has left an indelible hole in all their lives.”
McMullen, 58, was shot with a Ruger pistol, which was recovered. Minter’s boyfriend has pleaded to felony tampering with evidence by hiding that gun. He has not been sentenced and was prepared to testify against Minter, who he says shot McMullen and set her house on fire to hide the murder.
Morian said he is relieved that Pickle did the right thing and asked for the dismissal.
‘I believe through cross examination of witnesses and the ability to present my case to the jury… we were looking forward to the opportunity to put on our evidence. We had quite a bit of evidence to contradict the state’s evidence, as well as various witnesses we were going to call to bring in other information. We were going to find out evidence was never logged or taken into inventory. These were going to be key pieces of evidence,’ Morian said.
He added, “I believe that there will be changes made by the police department. I hate it was Mrs. Minter and Mr. McMullen’s family that had to go through this, and that this had to be brought out at their expense. I hope this will help other cases. It is so important for the people to be given a fair and impartial trial. Mrs. Minter has lost a large portion of her life. I want to point out that the state did the right thing.’ Morian said that pieces of evidence came forward from the police department evidence that neither sides had seen before the trial.