Nicole Baukus was 24 years old when she pled guilty in the middle of her trial based on evidence that was being presented by the prosecutors.   Her court appointed attorney completely failed to investigate the case and the prosecutors failed to turn over  exculpatory evidence.  One of the prosecutors even asked witnesses to lie.  
After pleading guilty, the jury sentenced her to 15 years each for two counts of intoxication manslaughter and 8 years for one count of intoxication assault.  The judge (who later resigned from the bench in lieu of criminal prosecution) ordered the sentences to run consecutively for a total of 38 years.
Later, through independent investigations, it was discovered that all of the evidence placed Nicole in the passenger seat at the time of the collision.   The State of Texas (Montgomery County) to this day continues to do everything they can to cover up the corruption and protect the conviction.   It is clear that Nicole’s attorney did not adequately defend her.  For example:
  • An eyewitness saw Nicole in the passenger seat seconds before impact.
  • Eyewitnesses saw her in the passenger seat right after the accident.
  • Nicole’s injuries were inconsistent with being the driver and were consistent with being the passenger.
  • Evidence was planted in the vehicle to make it appear that Nicole was driving.
  • One officer turned off his camera and audio less than two minutes before the planted shoe was found on the driver’s floorboard to make it appear Nicole was driving.
  • Witnesses were never talked to before trial.
  • Video and photographic evidence was not adequately reviewed before trial.
Nicole’s lawyer failed to identify all of the above and did not put on the defense that Nicole was not driving.  Instead, he put forth a defense of involuntary intoxication (being drugged at a bar).
In the post-conviction phase of the proceedings, the State is continuing to be dishonest.  In an effort to defeat Nicole’s post conviction writ of habeas corpus, the State has submitted and filed false affidavits.   
Not only did Nicole not get adequate representation and a fair trial, she is actually innocent of the crime for which she is currently incarcerated.   She has been incarcerated since August of 2013.  
One of the Assistant District Attorneys that prosecuted Nicole has actually admitted to not turning over exculpatory evidence to Nicole and her attorney. Instead he put on false testimony.
Video of evidence being planted link below
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