LIBERTY, October 27, 2009 - Today in the DWI trial of Gordon Bean City of Liberty Police Officer Frank Longoria remained on the stand taking questions from Tommy Chambers and then was cross-examined by Bean’s attorney Abraham Fisch.

It was stated earlier in testimony that Officer Aaron Venegas left the Whataburger first in Liberty in pursuit of the red GMC pickup and Frank Longoria followed.

Longoria testified that given the speed of the pickup that he thought it was unlikely that anyone could catch up with it and make a traffic stop. As Longoria traveling at a high rate of speed in the river bottom towards Dayton, the red pickup was not in his sight.

Once in Dayton Venegas turned left to Colbert Street, and Longoria turned left on FM 1409. Longoria spotted a red GMC pickup traveling north on FM 1409 and after turning around stopped the vehicle. It was Bean who was driving the pickup.

Abraham Fisch skillfully made several points about the red pickup. First that it is a common pickup and there are many like it. Second Fish placed doubts in the minds of those listening to the testimony as to whether the pickup Bean was driving on FM 1409 when stopped by Longoria was the same pickup Longoria and Venegas has seen speeding past the Whataburger since Longoria lost sight of it.

Was the red pickup seen at the Whataburger the same pickup stopped on FM 1409 that Bean was driving? Did Officer’s Longoria and Venegas have probable cause to stop the vehicle Bean was driving in that it may not have been the one they had seen while at the Whataburger in Liberty?

The videotape from Longoria’s patrol vehicle played yesterday in court was played again today with Longoria answering questions from Fisch as the tape was reviewed and paused frequently by defense attorney Fisch.

Judge Don Taylor called a 10-minute break in the trial and the jury left the courtroom.

Upon returning it was time for Assistant County Attorney Tommy Chambers to call his next witness in the case. Chambers had intended to call his star witness, arresting Officer Aaron Venegas to the stand yesterday. However, Venegas was not at yesterday’s proceedings due to a family matter.

Venegas had been subpoenaed in the trial and when called today was not in the courthouse. Several attempts were made to call Venegas but he was not there.

With the State’s lead witness missing, Chambers was not able to introduce the blood evidence in the case or question the witness in the front of the jury. The prosecution rested its’ case against Gordon Bean.

Judge Don Taylor gave instructions to the jury and the jury deliberated about 5 to 7 minutes before returning a verdict of Not Guilty.

The County Attorney’s Office issued a three-sentence press release concerning the trial. It reads as follows.

“We tried the Gordon Bean case like any other. We prepared diligently for trial. The jury ultimately found the defendant not guilty.”