SAN ANTONIO — Capital murder defendant Stephen Clare appeared in the 437th District Court on Friday morning in jailhouse orange, shackled around his waist, during a discovery hearing.
The 51-year-old remained silent for the short proceeding, mostly looking at the floor, while attorneys for both the defense and the prosecution conferred about how the case would proceed.
Clare is accused of stabbing his 11-month-old daughter, Willow, to death in an attack that left the girl's sister with stab wounds and their mother Mariah with multiple gunshot wounds.
The attack took place in April 2023 in their quiet north-side neighborhood on Robinhood Place.
Judge Joel Perez questioned the lawyers about evidence they have shared and what remains to be exchanged as they prepare for a complex trial that is still at least several months away.
Prosecutor Tamara Strauch told the judge evidence turned over Friday included records of jail phone calls and video visits, as well as health records of the three victims from the hospital where they were treated for significant injuries. Strauch explained they are still waiting to receive additional evidence, but promised to share new material as soon as it becomes available.
"It's understandable that the state has a continuing obligation to turn over discovery as they receive it," Perez told the lawyers.
Defense attorney Raymond Fuchs expressed concern for being in the dark about how much more evidence may still be unknown to his team.
"The question is, have they completed the discovery?" Fuchs asked the judge.
Fuchs said he is concerned with being able to meet a deadline to make motions in the case.
"We can't prepare the motion until we have all the evidence they propose to offer at trial," Fuchs continued.
Strauch told the judge prosecutors have been turning over everything they have as soon as they can, and Perez replied that he would schedule an additional discovery hearing after the defense has had suitable time to review the material turned over today.
While online court records indicate there may be pre-trial proceeding in June and August, defense attorney Daniel De La Garza said he doubts the trial will actually start in 2024.
"I don't think that's going to happen," he said. "This takes time. These are tough cases to work. They are higher-level cases and I would think that it would be a disservice to all sides to go to trial at that time."
---
Learn more about KENS 5:
Since going on the air in 1950, KENS 5 has strived to be the best, most trusted news and entertainment source for generations of San Antonians.
KENS 5 has brought numerous firsts to South Texas television, including being the first local station with a helicopter, the first with its own Doppler radar and the first to air a local morning news program.
Over the years, KENS 5 has worked to transform local news. Our cameras have been the lens bringing history into local viewers' homes. We're proud of our legacy as we serve San Antonians today.
Today, KENS 5 continues to set the standard in local broadcasting and is recognized by its peers for excellence and innovation. The KENS 5 News team focuses on stories that really matter to our community.
You can find KENS 5 in more places than ever before, including KENS5.com, the KENS 5 app, the KENS 5 YouTube channel, KENS 5's Roku and Fire TV apps, and across social media on Facebook, Twitter, Instagram and more!
Want to get in touch with someone at KENS 5? You can send a message using our Contacts page or email one of our team members.