Judge says two prosecutors intentionally caused a mistrial in highly publicized case

HOUSTON (FOX 26) - What Judge Stacey Bond says in her ruling about the conduct of prosecutors, Tiffany Johnson and Angela Weltin during the two week trial of Dr. Robert Yetman sent shock waves through the legal community.

“For a judge to issue findings in a writ that says prosecutors intentionally violated the law is extremely rare,” said Fox 26 legal expert Chris Tritico.

As it became obvious the jury was going to find Dr. Robert Yetman not guilty, the judge says Johnson argued the victim’s race was a factor even though no evidence was presented to support that.

Johnson did that, the judge says, to intentionally cause a mistrial.

“They had all sorts of people from Memorial Herman Hospital to come down to testify on call for two weeks,” said Dr. Yetman’s attorney Stan Schneider. “Harris County residents should be troubled by the D.A.’s office condoning conduct like this.”

“The last trial they tried together before Dr. Yetman’s case was I trial, I was involved in and in my opinion they repeatedly violated the rules,” said attorney Dan Cogdell. “They went out of their way to win at any and all costs.”

The judge in that case also declared a mistrial due to the prosecutors conduct.

In a letter to D.A. Devon Anderson Cogdell recommended Johnson and Weltin be fired.

“It says to me there’s a cancer in that office that needs to be cut out,” Cogdell said.

In a statement Anderson stands by her prosecutors and says her office will appeal the judge’s decision.

Attorney Kim Ogg is running against Anderson next November.

“We have prosecutors who are playing with people’s lives, and in order to win their cases they’re leaving their ethics at home,” Ogg said. “This kind of injustice has to stop.”

This is Devon Anderson’s entire written response:

“We respectfully disagree with the judge’s findings. We believe our prosecutors acted ethically and argued within the four corners of the record and we intend to appeal.”