New trial in steroid case a possibility

Local News

April 22, 2009

By Anita Miller The San Marcos Record Wed Apr 22, 2009, 09:56 AM CDT

San Marcos — A man who pled guilty to possessing illegal steroids last month could be getting a new trial.

Shawn Nathan Shipman, 29, who has been in Hays County Jail since his arrest on Oct. 29, 2007, made a motion for a new trial on April 7 through his attorney David Watts.

In the motion, Shipman and Watts allege that Watts was notified by an assistant district attorney that “some of the evidence presented previously to the Honorable Court was to say the least suspect, if not in fact, a fraud,” according to court papers.

The motion goes on to say the evidence is “of the nature of Brady material,” which generally refers to material that might have benefited a defendant if it had been presented at trial.

A hearing on the motion is scheduled for 9 a.m. on Tuesday, April 28, before District Judge Charles Ramsay.

Shipman was charged with two counts of possession of trenbolone acetate, which is, according to Wikipedia, a steroid often used by veterinarians on livestock.

The crimes are a state jail felony punishable by from six months to two years behind bars.

Because Shipman has been in jail so long, he is due to receive 498 days credit.

Judge Ramsay had previously sentenced Shipman under a plea bargain agreement, with the sentence handed down on March 17.

District Attorney Sherri Tibbe would not comment because the case is pending. David Watts did not return a phone call seeking comment on Tuesday.

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