Page 56 - March April 2020 TPA
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Anderson attempted to follow them, but was soon      Jordan argues that the evidence is insufficient to
        cut off by unmarked police vehicles and placed       support a finding of guilt because the
        under arrest.                                        Government’s case impermissibly “pile[d]
        Loring testified that she met Jordan, also known as  inference upon inference” and there was no DNA
        Wacko, on Instagram about a week before the          or fingerprint evidence to link Jordan to the crimes.
        robbery when he messaged her about the               His argument is unavailing. As the Government
        opportunity to make quick money.  They met a         notes, the testimony of Anderson and Loring alone
        couple of times over that week, and Jordan filled    is sufficient to warrant a guilty verdict against
        her in on his plan. Loring testified that Jordan was  Jordan on the first count—aiding and abetting
        the driver of the Tundra on the day of the robbery   robbery.10 Anderson testified that Jordan enlisted
        and that Jordan called her during their drive to the  his help in the robbery, was the driver of the
        credit union to say, “Follow us,” which she did in   Tundra, and was on the phone with him throughout
        her Malibu. She continued to hear other voices       the robbery. Loring also testified that Jordan
        during the drive, as though the phone was on         enlisted her help in the robbery, was the driver of
        speaker, but no one was speaking directly to those   the  Tundra, and was on the phone with her
        on the phone call. The only voice she recognized     throughout the robbery.  This testimony is
        was Jordan’s. At his direction, Loring went into the  substantial enough, on their face, to demonstrate
        bank to ensure security wasn’t inside—it wasn’t.     that Jordan was involved in the robbery of the
        The Tundra then pulled into the parking lot, and the  credit union.
        to-be robbers went inside. Loring remained on the    Jordan argues that  Anderson and Loring’s
        phone throughout. She then saw the men leave the     testimony cannot support his conviction because
        credit union, get back in the Tundra, and pull out.  they are incredible. However, “[t]he jury retains
        Loring attempted to follow, but she was quickly      the sole authority to weigh any conflicting
        pulled over and arrested.                            evidence and to evaluate the credibility of
        In addition to Loring and Anderson, numerous         witnesses.” And, despite Jordan’s assertion in his
        officers testified. Among them was Sergeant David    reply brief, none of Loring or  Anderson’s
        Helms, who provided testimony regarding the          statements were so outside the realm of possibility
        evidence collected at the scene, forensic testing,   that no juror could have believed them.13 Jordan’s
        and the relationship of the defendants. Specifically,  counsel had every opportunity to impeach both
        he testified, over defense counsel’s objections, that  Anderson and Loring for their previous acts of
        Wise and Jordan were brothers. During cross          dishonesty and any inconsistencies in their
        examination, defense counsel confirmed that          testimony, and the jury independently weighed that
        Sergeant Helms acquired this knowledge during the    testimony and determined that the evidence was
        course of the investigation and that neither Jordan  sufficient to support a finding of guilt. We do not
        nor Wise “tr[ied] to hide it from [him].”            second-guess such findings.
        Issues regarding sufficiency of the evidence are     And even if  Anderson and Loring’s testimony
        largely fact-based questions that we review de       wasn’t credible, the other evidence presented at
        novo. And we “must affirm a conviction if, after     trial is sufficient to support a guilty verdict.
        viewing the evidence and all reasonable inferences   Officers observed Jordan drive to and from the
        ‘in the light most favorable to the prosecution, any  location of the robbery the day before the robbery
        rational trier of fact could have found the essential  in a vehicle that was used as a lookout during the
        elements of the crime beyond a reasonable doubt.’”   robbery; a phone associated with Jordan moved in
        Importantly, this means that our review is “limited  the same direction as Jordan the day before the
        to whether the jury’s verdict was reasonable, not    robbery, and then that phone was used during the
        whether we believe it to be correct.”                robbery and found on a co-defendant; and the bait


        March/April 2020         www.texaspoliceassociation.com • (512) 458-3140                         49
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