SAN AUGUSTINE COUNTY, TX (KTRE) - An appeal by one of the San Augustine women convicted for kidnapping a baby boy in Houston in 2003 and keeping him until they were arrested in 2011 has been denied by Texas' 12th Court of Appeals.
A San Augustine County jury convicted Krystle Rosie Tanner of two felony charges - injury to a child and kidnapping back in February 2013. Tanner received two concurrent 8-year prison sentences, which means she will be serving them at the same time.
Tanner's mother, Gloria Walker, was convicted of the same charges and sentenced to two concurrent 30-year sentences. The 12th Court of Criminal Appeals back in July.
In the appeal, Tanner's legal team alleged that the state violated her right to due process by failing to preserve evidence that "rendered it impossible for counsel to mount an effective defense."
"We agree that the items contained in the case file could have been potentially exculpatory and used for impeachment," one of the court's opinions stated. " … However, the record in this case shows that that the prosecution turned over all of the evidence it had in its possession, and does not show that the HPD's failure to preserve the evidence was due to bad faith."
Tanner's appeal also claimed that the trial court abused its discretion when it excluded testimony from her aunt, Francesca Jenkins. The opinion stated that the trial court did not abuse its discretion because Jenkins' testimony wasn't crucial to Tanner's defense.
The appeal also alleged that Tanner received ineffective legal assistance and asked the appeals court to grant a new trial.
"Therefore, we cannot conclude that the challenged conduct is so outrageous that no competent attorney engaged in it," the opinion stated."
According to authorities, Krystle Tanner and her mother, Gloria Walker, have been on the run from law enforcement since they kidnapped the child, Miguel Morin, while babysitting him overnight. For eight years, Tanner allegedly hid Miguel Morin in homes all over Central and East Texas calling him by the name "Jaquan."
They also allowed him to believe he was younger than he actually was, and kept him from going to school.