Slow Process: Killer’s appeal finally denied

By Gregg Wendorf
Advance News Journal

Thirteens months ago, I made a fool out of myself (again) by writing a column congratulating state District Court Judge Noe Gonzalez for striking down an appellate revision, of sorts, penned by the appellate attorneys representing convicted murderess Monica Melissa Patterson, 56, daughter of a politically prominent family.

If you haven’t followed this case, you can always do an online search for “Patterson Murder Martin Knell,” and enough stories should pop up to get you up to speed.

After all, having attended the Patterson murder trial for six weeks, having listened to all the testimony, and looked at all the material evidence stacked against her, I knew the appeal sitting on Noe’s desk was worthless. I had read it, saw through the many holes, but it was still stalling the process. Patterson is also a world-class thief, by the way, stealing blind the nonprofit where she worked (which still provides hospice care in McAllen), while a board comprised of sycophants and one chief justice of an appellate court (the 13th’s Dori Contreras, who is retiring next year, applause, applause) remained clueless over breakfast meet-and-greets while Patterson emptied the bank accounts, including the hidden bank account she had set up, without board approval.

At least one board member tried to protest the fact that Patterson wasn’t fulfilling her duties, by presenting financials to the board each month, but he was subsequently run off the board for stepping out of line.

“You’re blocking the breakfast buffet.”

In fact, when Patterson was arrested for capital murder in August 2015, not only had she cleaned out the Comfort House’s operating account, but also its retirement fund.

Judge Decides

Anyway, last year, a week after writing the mistake — Judge Gonzalez strikes down Patterson appeal — I wrote another column showcasing my mistake, laying out the appeal and why it lacked any credibility, and why Judge Gonzalez should sign it. (Which he’s finally done 13 months after slow-tracking it — my opinion.)

So instead of it moving through Gonzalez’s court (the 370th) with any rapidity, it crawled like a snail, moving in slow fashion, until last week, when Gonzalez’s official “signed” decision was filed: Request Denied. After all, his court had already been warned by the appeals court — no more extensions, judge.

Now I think the case bounces back to the Texas Court of Criminal Appeals, bypassing the 13th, and since Gonzalez was only ruling on a Writ, having denied the original appeal requesting a new trial, I think the rest is just pro forma. Meaning, Patterson’s appellate train has come to an end.

The bar set to file another appeal is going to have to have some real compelling evidence as opposed to what was laid out in Patterson’s just-denied appeal, which was nothing but multiple baseless claims.

Life behind bars remains Patterson’s fate now after being convicted of capital murder in 2017, along with three counts related to theft.

The Appeal

Call this an amended spaghetti appeal denied last week, because it was more or less an amendment to the first appeal already struck down two years ago. In other words, you throw a plate of legal spaghetti at the wall, hoping something will stick as the whole sloppy mess slides to the floor. Along the way, you refer to everything as “junk science.”

The homicide ruling made by the seasoned pathologist with more than 4,000 autopsies under her stained medical gown?

“Junk science,” according to the Patterson appeal.

The cellphone tower pings that allowed investigators to place Patterson and her murder accomplice near the scene of the 2017 murder when it went down?

“Junk science.” Even Patterson’s four high-profile trial attorneys couldn’t escape Patterson’s new legal spaghetti appeal (suggestion for reconsideration) filed in May.

“Ineffective counsel.” These were supposed new reasons for the trial court to overturn Patterson’s conviction or order a new trial.

Legally speaking, Patterson, the convicted killer, is still the main beneficiary (the owner) of the million-dollar-plus estate once belonging to the man she, well, murdered. A probate court in this county, Hidalgo, will hopefully move the Knell Estate case to the top of the docket, considering the passage of time. After all, when new Probate Judge JoAnne Garcia ran for office, speeding up the probate judiciary was one of her priorities.

This trial and conviction were a slam-dunk. If the witness Celestina Mascorro hadn’t come forward, despite having threats (intimated) made against her and her daughter, and her conscience weighing on her, day and night, this case never would have turned into a murder trial. Patterson’s victim, 96-year-old Martin Knell was dead and buried, no one the wiser. Except for Mascorro and Patterson’s self-confessed accomplice, Angel Mario Garza.

Celestina Mascorro is the one thing the appellate attorneys could never get past. This woman risked a lot to tell the truth. May God Bless her for that. She had nothing to gain by coming forward, and everything to lose, but she did it anyway — she chose the truth.