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X Marks the Spot: The Prosecution

X Marks the Spot: The Prosecution. Alana Minton Assistant Criminal District Attorney Tarrant County, Texas aminton@tarrantcounty.com (817) 884-1400. Who killed Pat Cunningham?. In the Matter of the Death of Patrick Cunningham. PROBLEMS: Not a likeable victim Uncooperative Witnesses

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X Marks the Spot: The Prosecution

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  1. X Marks the Spot:The Prosecution Alana Minton Assistant Criminal District Attorney Tarrant County, Texas aminton@tarrantcounty.com (817) 884-1400

  2. Who killed Pat Cunningham?

  3. In the Matter of the Death ofPatrick Cunningham PROBLEMS: • Not a likeable victim • Uncooperative Witnesses • No substantive evidence • NO INDICTMENT FOR MURDER

  4. THE STATE OF TEXASV. KEVIN ROTENBERRY

  5. Tampering with Evidence • Knowing that an offense had been committed • Alter, destroy, or conceal a thing, to wit: a human body • By leaving, hiding, or secreting the body in a septic tank • With the intent to impair its verity or availability as evidence • In a subsequent investigation related to the offense

  6. The Problem? The Statute of Limitations for this offense is 5 years

  7. Patrick Cunningham1941-1996

  8. Tampering with Evidence- Elements • Knowing that investigation was pending • Conceal a thing, to wit: a human body • By telling Detective he did not know whereabouts of Pat Cunningham • When in fact Defendant had hidden body of Pat Cunningham in a septic tank • With the intent to impair its availability as evidence in the investigation

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