The wheel of justice continues to slowly turn in the capital murder case of Shayla Boniello.
A pre-trial hearing was held Thursday in the Milam County Courthouse for the 30-year-old Rockdale resident accused of capital murder in the Dec. 3, 2018, death of 2o-month-old Patricia Ann “Annie” Rader in a Rockdale residence.
District Judge John Youngblood set the trial starting date, with a jury panel call, on Jan. 4, 2021, with a pre-trial hearing Oct. 5 of this year.
Youngblood also denied a number of motions submitted by defense attorneys Kimberly Gonzalez and Scott Pawgan and granted a prosecutor’s motion to quash (suppress) a defense request to subpoena a reporter’s notes in connection with the case.
Prosecutor Bill Torrey, who has indicated he will seek the death penalty, and Assistant DA Joe Johnson represented the state.
Johnson, at one point, characterized some defense motions as a “fishing expedition.”
NAME CHANGE—Boniello, who was also known as Shawn Vincent Boniello at the time of the offense, has been described as a male transitioning to a female.”
During the hearing, it was revealed another court has granted a legal name change to “Shayla Angelina Boniello.”
The prosecution, defense and bench referred to the defendant as “her” throughout the hearing.
Sheriff Chris White told The Reporter afterwards Boniello will continue to be housed in the county jail’s male section.
BOND REMAINS — Gonzales and Pawgan asked for Boniello’s bond to be lowered from the current $3-million to $500,000 and called the hearing’s only witness, retired attorney Robert Martinez of Albuquerque, New Mexico, who told the court he was married to Boniello’s mother for 10 years.
Under questioning, Martinez outlined his attempts to provide information on bonding to the Boniello family including contacting several bond companies in Milam County and elsewhere in Texas.
Martinez said at one point he had talked to a bonding company which could have provided that service, but also alleged to him the sheriff “would not accept” the bond.
Bond was originally set at $750,000 and was increased to $3-million in a bond hearing last month.
Gonzalez termed Boniello as “indigent” and asked witness Martinez several questions concerning Boniello’s personal finances.
Under cross examination by Johnson, Martinez said he had not seen Boniello’s financial documents but that he believed her family would be able to make a half-million-dollar bond.
Gonzalez called the bond amount “oppressive and discriminatory.”
Judge Youngblood said he had a problem with defendants claiming to be indigent, then having their families pay bond. He denied the bond-lowering motion.
DENIED—Gonzalez also filed a motion to have jail communications from and to the defendant go directly to the defense team instead of passing through the prosecutor’s office.
That drew some pointed responses from the prosecutorial table. Johnson asked “is there any reason to believe we are withholding certain information?”
“We are prosecuting the case and we are gathering evidence,” Torrey said. “What the client says is evidence.”
“If she (attorney Gonzales) has some concerns about what her client is revealing, her client needs to keep her mouth shut,” Torrey added.
Youngblood denied the defense motion.
NOTES—The prosecution opened Thursday’s hearing asking the bench to quash a defense motion to subpoena notes “and any unpublished information” from a Temple Daily Telegram reporter who had quoted Torrey in articles concerning the case.
“What I said is in no way relevant to the guilt or innocence of the defendant,” Torsaid.
Youngblood granted the prosecution’s motion.
SCHEDULE—Torrey noted the case “has already been going on for 14 to 15 months” and asked the court to set a trial date.
Defense attorney Pawgan said he was involved in another capital murder case, in Medina County, and noted it would take his office some time to clear that case and its aftermath.
He suggested a trial date of summer 2021. Gonzalez said the defense plans to “do our own “
Youngblood consulted court dockets and set the trial to begin Jan. 4, 2021, with a pre-trial hearing Oct. 2020.
CONFESSION— An arrest affidavit by Rockdale Police Lt. Stephen Goodrich said Boniello confessed “out of anger and frustration” to squeezing Annie Rader for about three minutes until feeling “bones begin to pop and crush.”
Goodrich’s affi davit indicated police were called to a San Gabriel Street residence at 5:44 p.m. Dec. 3, 2018, by the victim’s uncle and found the “unresponsive” toddler had sustained extensive injuries including “scratches, bruising and swollen knots on her head, neck, arms, stomach and legs.”
Sgt. Jody Tillery and emergency workers attempted to render aid. Rader was pronounced dead at 6:16 p.m. by J-P Andy Isaacs.
Family members said Boniello had moved to Rockdale in October to be with the child’s custodial grandfather.
- Log in or Subscribe to post comments.