Tyler

By CASEY KNAUPP
Staff Writer

Two Tyler brothers charged with robbing seven East Texas banks and credit unions will be tried together and a motion to suppress information in the search warrant affidavits used to collect evidence at their homes and storage units was denied, a Tyler federal judge ruled on Thursday.

Derrick Van Hodges, 34, and his half-brother Paul Edward Thomas, 40, are set to go to trial on 18 charges on Sept. 22. A jury is scheduled to be selected on Sept. 18.

During a hearing in U.S. District Judge Michael Schneider's court, U.S. public defenders Wayne Dickey and Ken Hawk, who represent Thomas, argued that information presented in search warrant affidavits written by FBI Agent Gerald Mohr did not match information in another report written by Mohr.

Dickey said they believed the conflicting information on four issues made the information in the affidavits false and therefore those parts of the affidavit should be excluded. He said with the remaining information, the affidavit would not contain probable cause and should be suppressed.

Assistant U.S. Attorney Frank Coan said there was evidence of guilt found as a result of the lawful searches done on the warrants and the defense attorneys wanted it thrown out.

He said the defense did not meet its burden to prove the allegations that the affidavits included deliberate falsehoods and that if taken out, the affidavits wouldn't have probable cause. He asked the judge to deny the motion.

Schneider said he didn't believe the evidence showed that knowingly false information was written in the affidavits or was made with reckless disregard for the truth. He denied the motion.

The defense also filed a motion to have the defendants be tried separately.

Hawk said if tried together, the defendants' rights would be so infringed that he would predict a mistrial. He said they intend to say that Hodges was the bank robber, not Thomas; and he said he believes the evidence will show that. He said Hodges will be sitting in the trial with basically two prosecutors -- one on the government side and one on his side.

Coan said the two men were charged in a single indictment on several charges of bank robbery, as well as a conspiracy charge. He said they should be tried together and the jury could be instructed to consider the evidence of the two defendants separately.

"They have not established the type of prejudice that compels a severance," he said.

Schneider denied the motion to sever and said they will be tried at the same time.

The defense attorneys also asked the judge to order the government to tell them the name of the confidential informant used in its search warrant affidavit. After an argument from the defense attorneys and prosecutors on why the name should or should not be divulged, Schneider denied the motion. The judge said protecting the informant's identity in the case outweighed the needs shown by the defendants to know who the informant is.

Defense attorneys Jeffery Clark and Charles Van Cleef, who represent Hodges, said they joined in the arguments of Dickey and Hawk.

The men are charged with conspiracy to commit armed robberies of federally insured institutions. The "Takeover Bandits," are suspected of robbing up to 15 banks in East Texas.

The men stole vehicles used to travel to and from the bank robberies, the indictment states. The men wore disguises and the defendants had access to clothes through a retail business owned by Hodges.

The men have been charged with robbing the Kelly Tyler Federal Credit Union, the Bank of America in Henderson, the Austin Bank in Troup, the Bank of America in Lufkin and the Citizens National Bank in Crockett. They have also been charged with 12 counts of using and carrying a firearm during a crime of violence.

The government is seeking $179,090 in cash proceeds derived from the robberies.

The conspiracy indictment lists nine robberies in East Texas they are suspected of committing, beginning in 2005. Those include: the East Texas Professional Credit Union, the Bank of America in Henderson robbed twice, the Citizens National Bank in Marshall and the Citizens National Bank in Corsicana.

On Sept. 27, Hodges was arrested on state charges for the Henderson robbery after a glove left behind at the bank led investigators to the suspect through DNA, authorities said.

Assistant U.S. Attorney Jim Middleton said the bank robberies involved the men taking over banks (or credit unions), brandishing and discharging firearms, forcing people to lie on the ground and taking a large amount of money.

If convicted, Thomas and Hodges face up to five years for the conspiracy charge, 25 years in prison for the bank robbery charges, at least seven years for showing the handguns during a crime of violence and at least 10 years for discharging the assault rifle.

Thomas was arrested by federal authorities Oct. 11 after a search of three of his storage units led authorities to evidence from the heists.

The defendants are scheduled to appear in court again Tuesday for a pre-trial hearing.