Contreras v. State (2009)

In Contreras v. State, No. 08-06-00205-CR, 2009 WL 50601, at 7 (Tex.App.--El Paso, Jan. 8, 2009, pet. granted), the defendant was charged with killing a child while babysitting. He attempted to present evidence of the child's mother's alleged violent conduct to support his defensive theory that the mother actually killed the child. The Court held that although the evidence may have shown that the mother verbally and physically abused her children in the past, it provided no evidence on its own or in combination with other evidence connecting the mother to the killing of the child. Because the defendant failed to establish the required nexus between the mother's alleged prior violence and the killing of the child, the excluded evidence was neither relevant nor admissible to support the alternative-perpetrator defense. Id.