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X Marks the Spot:X Marks the Spot:The ProsecutionThe Prosecution
X Marks the Spot:X Marks the Spot:The ProsecutionThe Prosecution
Alana MintonAlana MintonAssistant Criminal District AttorneyAssistant Criminal District Attorney
Tarrant County, TexasTarrant County, Texas
[email protected]@tarrantcounty.com
(817) 884-1400(817) 884-1400
Alana MintonAlana MintonAssistant Criminal District AttorneyAssistant Criminal District Attorney
Tarrant County, TexasTarrant County, Texas
[email protected]@tarrantcounty.com
(817) 884-1400(817) 884-1400
Who killed Pat Cunningham?Who killed Pat Cunningham?
In the Matter of the Death ofIn the Matter of the Death ofPatrick CunninghamPatrick Cunningham
PROBLEMS:PROBLEMS:
Not a likeable victimNot a likeable victimUncooperative WitnessesUncooperative WitnessesNo substantive evidenceNo substantive evidence
NO INDICTMENT FOR MURDERNO INDICTMENT FOR MURDER
THE STATE OF TEXASTHE STATE OF TEXASV. V.
KEVIN ROTENBERRYKEVIN ROTENBERRY
Tampering with EvidenceTampering with Evidence
Knowing that an offense had been committedKnowing that an offense had been committed
Alter, destroy, or conceal a thing, to wit: a Alter, destroy, or conceal a thing, to wit: a human bodyhuman body
By leaving, hiding, or secreting the body in a By leaving, hiding, or secreting the body in a septic tankseptic tank
With the intent to impair its verity or availability With the intent to impair its verity or availability as evidence as evidence
In a subsequent investigation related to the In a subsequent investigation related to the offense offense
The Problem?The Problem?
The Statute of Limitations for The Statute of Limitations for this offense is 5 yearsthis offense is 5 years
Patrick CunninghamPatrick Cunningham1941-19961941-1996
Tampering with Evidence- ElementsTampering with Evidence- Elements
Knowing that investigation was pendingKnowing that investigation was pending
Conceal a thing, to wit: a human bodyConceal a thing, to wit: a human body
By telling Detective he did not know By telling Detective he did not know whereabouts of Pat Cunninghamwhereabouts of Pat Cunningham
When in fact Defendant had hidden body When in fact Defendant had hidden body of Pat Cunningham in a septic tankof Pat Cunningham in a septic tank
With the intent to impair its availability as With the intent to impair its availability as evidence in the investigationevidence in the investigation
