Infamous video in Wilder’s murder case presents difficulties for James Staley’s lawyer, others

A defense attorney for James Irven Staley III asked for more time to file a key brief in his client’s appeals case because of issues with the infamous “slapping video.”

Played during Staley’s capital murder trial, the video shows him stealthily rising up from behind a couch in his Country Club home and drawing his hand way up in the air to slap 2-year-old Jason Wilder McDaniel. Completely vulnerable, Wilder is jolted awake from a sound sleep on the couch by the slap and screams in pain.

In this file photo, James Irven Staley III returns to court Wednesday, March 8, 2023, in Fort Worth. Staley was convicted Monday, March 13, 2023, of murdering 2-year-old Jason Wilder McDaniel.

The blow to Wilder’s face was so hard the sound rang out across a Fort Worth courtroom. Observers were stricken. Some jurors were driven to tears.

Staley is serving a life sentence without parole for killing Wilder on Oct. 11, 2018, in the Wichita Falls home of the once prosperous oilman. He maintained his innocence in court after his conviction and sentencing March 13.

Appeals attorney Keith S. Hampton filed a motion Monday seeking a third, 30-day extension to file the brief that will detail his basis for Staley’s appeal. In his request, Hampton noted the voluminous trial record.

Indeed, the case record for the grueling trial at the Tim Curry Criminal Justice Center includes nine days of testimony, several videos and photos and over 9,000 electronic messages. A court reporter has submitted the trial record to the Second Court of Appeals electronically in about 19 files.

Hampton cited problems with gaining access to the video and two other exhibits as reason enough for delay.

“Each of these exhibits was crucial to the trial, will be important to Appellant’s brief and will be necessary for this Court’s informed review,” the renowned defense attorney who has gotten clients exonerated said in his request for more time.

Jason Wilder McDaniel

In an Oct. 19 email included in the motion, Senior District Judge Everett Young, who presided over Staley’s trial, acknowledged technical issues with “the so-called slapping video.”

When a Tarrant County court official played it, there was audio — but no video, Young said in the email.

“I don’t know how that happens because in court everyone saw the video and heard the audio,” he said.

Young said the problem with making a true, complete copy of it likely stems from the video file being so large Tarrant County’s equipment is not up to playing or copying it.

As a solution, a court reporter in Wichita County would transfer copies of the video to thumb drives and send them directly to attorneys in the case ASAP, Young said.

The clock has been ticking on Hampton. His brief was due Monday.

A Sept. 25 order from the appeals court granting Hampton’s last extension came with a stern note, bolded and in all caps: “FURTHER EXTENSION REQUESTS WILL BE STRONGLY DISFAVORED.”

James Irven Staley III

What happened on the video after the slap?

The footage shows Staley slipping out of a door leading outside and then coming right back in. Next, he gaslighted Wilder. Staley pretended he didn’t slap him and asked the weeping child what was wrong.

Wichita County District Attorney John Gillespie has said the video came from a GoPro camera he believes Staley used so he could record the slap and keep it as a trophy or souvenir for his twisted viewing pleasure.

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her X handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Video from James Staley’s murder trial presents difficulties