As jury selection was underway, District Judge Stephen Ellis ordered the bailiff to call Chris Diaz’s name three times which received no reply in Tuesday morning’s 35th District Court.  Diaz failed to appear for his scheduled trial.

District Attorney Micheal Murray made a motion to have Diaz rearrested and a warrant be sought for his arrest.   The warrant was issued late morning and the initial bond for Diaz will be revoked and a new bond will be set in the amount of $105,000 (triple the initial amount) according to Murray.

Diaz’s original bond was secured by his grandparents who put real estate up as collateral.  Earl Kimbrell of A-Action Bail Bonds said that he did not know why Diaz did not show up for court.

“We have had contact with him prior to today, but not today.” stated Kimbrell.  “I don’t know why he did not show up.  He has checked in on a regular basis with us.”

Brown County Sheriff Bobby Grubbs was surprised the previous times that Diaz had showed up for court dates, but not surprised of his failure to appear today.  Grubbs was very confident that Diaz will be located and rearrested.

“We’ll find him again,” stated Grubbs.  “It’ll take a little time, but he’ll be back.  If he can’t satisfy the court, he’ll be back in custody.”

Local officials have said that Diaz’s criminal problems have been made worse by his continued exercise of not speaking or recognizing the legal system or law enforcement’s jurisdiction over him.  According to Murray, Diaz has the right to represent himself and has had a special court appointed attorney who will play an advisory role to Diaz during trial.

“To say nothing is his right,” stated Murray.  “If the defense has nothing to present, the prosecution will go forth with our part of the trial and the jury has to decide if we have met our burden.”

Diaz was indicted in July for the felony charge of possession of a controlled substance with intent to deliver.

A Texas Department of Public Safety trooper arrested Diaz on June 27, 2010 in Brown County.  Prosecutors claimed in a previous hearing that Diaz was in possession of 14 grams of THC or “hash” (a more potent form of marijuana) when he was stopped.  Supporters of Diaz have explained that the marijuana was in his possession due to a prescription from California and is used as medication for relief from asthma.

Diaz was released from the Brown County Jail on Sept. 15 after posting a $35,000 bond.