Clerk of the court1
Greetings, I am incloseing a breif in support of objections and rebuttal
of the courts fact finding that was clearily erronous in its decision it
rendered only weeks ago,
Would you please file it with the court where fla honorable judges can
see whats reaily going on in this case, I want to thank you in advance,
BENNIE GUY . Ol 86 2511
3060 fm 3514, Beaumont/ TX 77705
Sept-22/2015
%M%
RECEIVED iN
QQMTOFCRMINA'LAPPEALS
SEP 25 2015
AbelACOSYa,Cférk
WR-BO l 317~03
TRIAL COUIU' WRIT I\D . 23-613-B-H-2
INTHETEXASCOURTOFCRIMINALAPPEALS
OF AUSI'INTEXAS
BENNIE DAVID GUY PETITI(I‘IER
VS
STATE OF TEXAS RFSP(NDANT
BREIF IN SUPPORT OF OBJECI‘IONS AND REBU'.['I'AL
OF THE CX)URTS FACI‘ FINDING THAT WAS CLEARLY ERR(I]EOUS
BB\]NII§ GUY TDCJ NOl 0186251]_
3060 fm 3514, Beaumont/ TX 77705
BMW-:~ j;@
STATETIENT OF THE CASE
Guy filed a writ of habeas ll-O7 in the trial court with evidence that
exonorated Guy of the charge but, the state is beating around the bush and
changeing the dates of the crime and Guys where abouts on the night of the
'crime. , Guy was 500 miles away renting a motel in Heath Arkansas and was
being investigated by the st, francis county police and they have docmentation
in the courts of arkansas that place Guy 500 miles away and theres a notorized
affidavit in this Breif of a nother man admitting to the crime. and the
state is misleading the courts to beleave the date was 7/1/95 insted of 6/30/95
as stated by the victim when she came to the sherriffs dept and reported
it on 7/1/95 she said it happened last night on a friday night 06/30/95
see exhibit No l. its thee report from the victim and the investigator.
Guy ask this honorable court to look at the evidence of his innocence
and send the case back for trial or set guy free its so prayed.
SEE EXHIBIT No, 7, its law enforcement officers affidavit from 1996-5 of
Guys where abouts.
This court Guy prays over turn the conviction on this innocent man and
sat him free.
EXHIBIT LIST
WRIT NUMBER TR,CT/NO 23-613-B-H~2
WR-80,317-O3
pagesv»,
INVESTIGATORS REPORT ...................... . .............. . ........ ...
Gregg County ct docket sheet ............. ...... ............. ... ..... ..
n MOTION FOR APPOINTMENT OF INVESTIGATOR .....................¢....; .....
BILLY STEWARTS NOTORIZED AFFIDAVIT ............... .. ................. ..
TEXAS DNA TEST ........., ................... . ......... ..........,....;.
DNA RE TEST DENIAL WHERE THE STATE THROWEN AWAY GUYS EVIDENCE .........
STATE OF ARKANSAS LAW ENFORCEMENT RECORDS AND NOTORIZED AFFIDAVIT
OF GUYS WHERE ABOUTS ON JUNE 30, 1995 .......... . .............. _ .......
(N)
wreso,ai?i~;mz
TRIAL COURT WRIT NO. 23-613-B-H-2
' IN THE TExAs couRT oF cRIMINAL APPEALS_
AUSTIN TEXAS’
BENNIE DAVID GUY . c . PETITIONER
vs
sTATE oF TEXAS `` ' REsPoNDANT
MOTION FOR OBJECTIONS AND REBUTTAL OF-THE COURTS FACT FINDING
THAT WAS CLEARLY ERRONEOUS
To THE HoNoRABLE JUpGEs oF=sAID oouRT:
THE PETITIONER oR APPLICANT oBJEcTs '10 THE couRTs FINDING oF FAcrs IN THE
sAiD wRIT oF HABEAS coRPUs FILED 0N SEPT-B-zol$ for the following reasons;
'1. H``ISTORY oF THE cAsE
The applicant, BENNIE GUY Plead guilty to a coerced plea in July
of 1996 to the felony offence of sexural assault/criminal episode, and pursant
to the coersed plea was sentenced to 40 years in the Texas Dept of Crim justice
and confined as offender 01862511, at the stiles unit of the TDCJ, Housed at 1
3060 fm 3514, Beaumont, Texas , 77705.
On July 23, 1996 five days after the coersed plea Guy was rushed out the
state of Texas to the Arkansas dept of Corrections and was housed there
until June l3, 2013 when the state of Texas extradited Guy to the TDCJ.
Scence that date there has become evidence of Guys innocence and Guy
has filed it in the court and the court refuses to hear it all on the pretence
that Guy pled guilty to the crime, even to know Guy pled to it it was against
his will and he was threatened in to the plea. Scence Guy has become able
to do his own legal papers in to the court Guy has not stopped digging up
3
material that shows Guys innocence. Now the lower district court has made
plain error in the case before it and Guy ask this honorable court to look
at the evidence in the petition.
On July the firt, 1995 at 11:40 am The Investigator mr Shelton was at
his office in Longview Texas Gregg County, he had got a call from some one
there at the Sherrifs dept saying some one was there to talk to him of a
sexural assault . A 20 year old female came to his office and said-
[ PAGE 2 of the Gregg co Sheriffs dept supplemental report] paragraph 3
R/O Was advised by the victim that on friday night,O6/30/95 shéiibeen raped
by white male see page 1-12] here 'the alledged victim clearly states on
6/30/1995 is the date ofthe offence,not as the state said in its fact finding
of July l,95.(see exhibit l,) INVESTIGATORS REPORT. PG 1-2.
On 5-23~1996 Guy was extradited from Arkansas to Gregg county to stand trial.
Guy was given a public defender named Terry Jackson to repersent him on
5-30-1996 said attorney filed motion with the court to be removed because
Guy would'nt pled guilty and mr Jackson did nothing, not even the basic such
as fileing motion for discovery, {SEE EXHIBIT §Z; it will be court document]
Mr Jackson filed in the court 3 days prior to the coerces plea a motion
for the court to hire an investigator, he said he'd done no investigation
but 3 days later he pled Guy to 40 years in prison. Z§r-X .Q.o ¢``#(4‘3-'70
¢9£ .\»\,. CJ¢ f¢>po,»§¢/ v-»‘#
In this instant petition Guy filed a notorized affidavit from law enforce
ement officals and the State of Arkansas prosecutors office and courts of
St / Francis county Arkansas documents pretaining to Guys where abouts, These
motel recordsvaxused in a criminal trial and sworn to as true see the affidavit
of the law enforcement Captian. The motel records place Guy 500 miles away
from the state of Texas on 6/30/1995. at 9:30 pm Guy had checked in to a
motel in heath Ar``kansas, [SEE EXHIBIT # Z __I_T wILL BE THE RECEIPTS FRoM
THE HOTEL. TO PROVE GUY WAS NOT IN TEXAS ON 6/30/1995 as stated by the woman at
the night club,
In this instant petition habeas No. 23-613~B-H-2 Guy filed with the convé
icting court the documentation from the Arkansas law enforcement officals that
clearly put Guy 500 miles from Texas on the night of the Texas crime and the 124
th district court has made a grave error in its responce to the petition.
PAGE 36':of record / pg 5 of states responce reads.
If the non-motorized receipts are correct, Guy was in the shell lake ao
motel in Heath Arkansas both on 5/25/95 from 6:15 to 8;pm, and he
went back at 9:30 pm on Jungol995/j§£g l,was intered in to evidence
to suport a conviction of rape
page 6, STATES, Certainly, Guy could have committed a crime in Arkansas
on may 25, and been in Texas to committ this crime on July 1,1995
5
"HERES THE ERROR COMMI'I'I‘ED BY THE COURT"
See EXHIBIT |‘ _ITS THE INVESTIGATORS REPORT AND THE DATE OF WHICH
THE ALLEDGED VICTIM STATE SHE WAS RAPED AND IT WAS JUNE 30, 1995 Orl a friday
night. the victim stated she was attacked on 6/30/1995, Now the state is
misleading the court and judge in to beleaveing it was July l, EE, because
the Indictment states, on or aroung July l/l995. then the state goes on to
say july2, then july 3 , _ j v
if this honorable court will look at the EXHIBIT l THE INVESTIGATORS
REPORT AND VICTIMS STATEMENT SHE SAID 6/30/95 on friday night. the interview
was conducted at 10;40 am at the sherriffs dept on july l, 95 there is where
the state has the date wrong, and this wrong date is keeping the truth from
coming out that they have the wrong man in prison.
ARGUMENT
GUY HAS NOW PRCVED BEYOND A REASONABLE DOUBT HES INNOCENT
Guy has a notorized affidavit from a nother man stateing he was the
man that was in Texas and committed the crime Guy is in prison for SEE EXHIBIT
L§x._f| OF BILLY STEWARTS AFFIDAVIT,FROM 2013. it was not avaliable in
1995-6 nor while Guy was in Texas.
then 2015, Guy provides to the court a notorized affidavit from an Arkansas
law enforcement officer and the state prosecutor and the court finding the
affidavit and its motel receipts ture and correct. Stateing BENNIE GUY WAS
cHEcKING IN 10 A MOTEL IN ARKANSAS 500 MILEs AwAY AT 9":30 pm on June 30,
1995 when he was suposed to be in Texas committing a crime here. these affidavits
are signed by law enforcement, and dated .there certified documents. E;( '7,
IN CLOSEING
Guy objects to the states fact finding and rebutts the fact finding.
Guy has presented clear and convencing evidence of the 124 th courts error.
the indictment date of 'onor about july 1,1995 is wrong, Date should of been
June 30, 1995 as stated by the victim and the investigators report see exhibit
f zidlnvestigators report dated july 1, 1995 at 10;40 am at the sherriffs
depton saturday morning, the victim clearly states, paragraph 3, line 12, that
on friday night 6/30/1995 she was assaulted. and Guy now has court documents
proveing he was 500 miles awy from that woman and the town of longview Texas.
In the courts fact finding pg,70 of record, page 2 of the finding, state
(1)a:Guys plea in the Texas case was freely and voluntarily given.
Guy clearily fits in the middle of both actural innocent cases by the
supreme
ADVISED THAT THE MHITE MALE DRUVE FUR A LDNE TIME AND SHE KEFT
RSKING UHERE HE HAS GDIMG. THE UHITE HALE DRUVE TU n REHUTE
93
GREGG CDUNTY §HERIFFS DEPARTHENT
_ SUPFLEHEHTAL REPURT
DATE RUN 7/19/96 CONTINUED
CASE: 002~@03~95
IHVESTIGATED B¥ SHELTON
ADDITIGNAL DETQILS;
MDODED MREA'MHERE THE VICTIM STATED HE HEGAN GRQHBING HEH AHD
APFEDVED BY
FULLING HER ELDTHES UFF. vTHE VICTIN ETATED HE KEPT CUSSINE HER.
THE VICTIH STATED THE UHITE HALE FOREED INTERCUURSE, URAL AND
VHGINAL, DN HER SEVERAL'TIMES (SEE STGTEHENT FQR-DETRILS).
R/U UAS.ADVISED HY THE VICTIH THAT SHE SGU HEADLIEHTS CDHIHG
UP AND SHE UAS HBLE TO ESCHFE. THE VICTIM HAN NAKED TO n PICHUP
THAT UAS DRIVING BY., THE FUUR UHITE HALES IN THE FICKUP HELFEB
THE VICTIH TU GET OUT OF THE AREA. THE VICTIN UAS EIVEH CLDTHIHK
AND A HIDE.BACK TD CHAPEL HILL EY THEEE_PERSONS.
THE VICTIH SHUUERED BEFURE EOING HUHE. AFTER RETURNINE.HOHE
QND TALKING TU H FRIEHD, SHE CALLED HER FATHER AND TULD HIH UHAT
HAD HAPPENED. AFTER TALHING UITH HER FATHER, SHE MENT TU THE
MEDICFL CENTER IN TYLER AND CHLLED THE TYLER PULlCE. THE SEXUHL
ASSAULT EXAHINHTION UAS FERFORMED IH TYLER.
R/U HAS ADVISED BY THE VICTIH THHT'THE VEHICLE THE SUSPECT
wHS DRIVING UMS n SHALL 4 DUDR VEHICLE, PUSSIBLY A LIGHT CULUR,
UITH LlCHT BLUE INTERIDH.
. THE``SUSFECT IS DESCRIBED S 1 HHITE NALE, 5'11', 290 LBS.,
LIGHT CULORED HAIR BLONDE, UNSHQVEN SLIGHT GRUHTH, UEMRIHE 0
HEIGE SHIRf,_ELUE JEANS AND-HAROUN BUUT$. n v .
R/D HAS ADUISED BY THE VICTIH THAT-PRIUH'TD CUHING 10 THE
SHERIFF'S DFFICE SHE HND HER FATHEH HENT TU THE SCENE UHERE THE
HHHE UECURRED; THEY HEHE AIDED IN FINDING THE LDEHTIOH BY TMQ'DF
THE FUUR MEN THHT HHD HELFED HER.
DATE INFURHATIUN RECEIVED:
PAGE
"1 t 111
l'/' 01 l' 17
94
r_
..1’
4/h..
/_. 3
, 9 .
S
9
|V
0
m
0
0
Z
7v
. z .! f ..... t ..._mv
W
H
!-_ A....:-,..,i_-i...i n_b
, nl
-:l.. _N
_ _9
...... .ii! -. z i.| ,G
. O
§. -»|1.1 ...0
n
._ __w
_ _ 9
n w
__ §§§,§ \ §§_a_ §§ _§.6-6_ mm
£. § 2 § wash op wocm=caucom now coauoz m .mumum mcjcmuw uw@umi; \vw¢u¢v_%\l_w. lll ._oon_b
2 3 wasn wo xmmz map ou_ wm:mu mann ca moncmum 33 mucm:cau=ou wm\e~\_m .¢..J
. y . . . . ... ¢\l l.}| 9
. .2.4 oo"oH nw mmmd .v.n_ .OGSH_._ u_mm_ H._m.mhul __wum p
..... 11 § 0
:¢ .@.wcwampum >:msuow_ ucmw:wwm.a newmme wnn...m wm\v~\m m
.l.!l,|. `` .. l\|.ll|.. . L
wmm:n_ .. K E. 4 ____oo. o.n u_m woman wm wmz umw ucmE:mam_u_u¢ ._@noomn mo W
,. " : ali
,i>m.c_w.ou....m wm couca_omam comxu co __m~» um umw ccom .wc._..cnmz m .wummumaw_me cm>am ucm_c=mwmo wm\m_~\m 8
woman _ ‘\\ .mmmcmxn¢ Eonm coav§©_m_uuxw cons uwmmu on on ncwscmamn.~< mim.w»m..\: .. - _ pAou
__ _ _2. _\\. \~\ . ______ 1 i_D
. __ soo mo cwa o _ m¢~o¢o _H 8
\ ___._¢ z .ao_w:o _ no
_ …1 /_
-\_ _.. .._.| l.,» mm m.v:
¢E¢o._.n¢ Q.H> >mzx mmwq...~opum w..mx_.ww,mdusoo _0__…~_ cowv_om.n >\.F.~QB z. m. Q.o_. _o.._… umww$ __§._w:~_.._w_._c_w.w._ -._.__._. _§'
_pm_w 323 3m _.w,>mwz=.mm §¢___H_€§ @2£ m_$w\@wo_ m__c_o.$_oe H:E. __.om§.§_o. 25 £.¢__H wm»wwm=m$ ww.~w@»o _ __ _ _ __
Q._.§ m~_ _E. Bj__w ,m,§§.s§o=§ 24 B§SC§ S:__.E_o m§ 3a m S_Q ____m_w ._o_z_ 328 wo §§_52@5-£____@_Q_H\Q___ __ __
@:.3 _§ §_h.. du wocms§p=_oo now aoBoz m _Bmpm muscme .Hw@»o @@\¢\@ \
~..
__ _ 355 §
_ :58 8 E§o mo E$...v~.._ ,.
.|..dw§ou mwzmu_un
33 ¢~ ma mH._d¢mw<_.._§§n_is§_._._.___-__-.zi_._.._____zz __w.x.ur?a _ mlE£.~Q
§§z§§§ 2me mo Ewzco:< mo mumz:z m._'_m_IXm
m >E> §§
.b£. §§ §§ die 935 3 view 3 226 Bw§a E.¢.E?"/3 '
Signature: (§``?/%@%/Q/y¢/
/ ‘ .
'lZ
7 Hw"#m._”M_l*)moms``_\vea_x: this statementis >tru-eandcorrectto th>ewb``estof my lthoudedge of the
12
gf qauah
1 t
i
}.
'.
L'-
DECLARANT WITH SUPPORT BY AFFIDAVIT :
1_. I am Billy Wayne Stewart My date of birth is November 13, 1963. My height is S‘ft 9
inch Brg\_x_m hair and 205 lbs }Hy SS#j 5 429_ 27_ 62()8_
2. My old home address is 146 East lake Dr. Marion, AR. 72364. Iwas employed at M 3 l``.
Truck_ing, WestMemphis, AR. 7230], Owner} oe Widell.
3. My Mother was Brenda Lancaster-Stewart Vowell.
4. My Father is Earl Wayne St_ewart, Sr. - .
5. lam 49 years old and of sound mind to make this Declaiation
In June of 1995, I Billy W_ayne Stewart was living with my cousin Robert Guy in
Hugh Springs, Texas, l worked and lived with my cousin Robert Guy until I left around July 6,
or 7, of1995'. In the late part of June of 1995, l had bought a light blue Mercury Lynx with tag #
Tean MGH-53L. from a car dealer in Hugh Springs, TX. and paid for it with checks from my
cousin Robert Guy who I had worked with.
On the night of June 30"‘- 1995 or July ls“ 1995, It was a Friday I had cleaned up after
work and was going to a club in Longview, TX. (Gregg Co.) At around lO-to-ll p.m., I went
to the Levee Club. On, I think was Spur-63 or Macain and 80 HWY. down town Longview,
Texas. _ ' l
l l parked my car in the parking lot and as l was walking toward the club entrance door, I
seen a white female standing out-side smoking a Cigarette and I went to her and asked if she
was OK. She told me it was hot in side and she was waiting on a few friends 'I asked her if she
wanted to,\go for a ride and smoke some Marijuana and she said yes. l had drove With her to a
remote area probably 5~ miles from the club. Once there l started making the girl-woman take
her clothes _off. And l forced myself on her (raped her) oral and vaginally.
About a hour later a truck pulled up behind my car and the woman got away from me
and ran to a pick-up truck and iled. Once the woman fled in the pick-up, I started my car, drove
probably a mile or two and the car stopped running l got out looked for my boots and could not
find them or my comb or shirt l took my tire wrench knocked the windshield out the car, took
the vin # off the dash, the vin# I don’t know what it is. l sat the 1985 light blue 4-door Mereury'
Lynx on fire and walked away.
ss
1;
l walked to Hwy 42 and went to White Oak, Te)
800-521,}_.
STATE QF ARKANSAS )
)ss
coUNTY oF . _ )
AFFIDAVIT
l/(glff///£/ S``/?é<.{;?f?’ , , after first being duly swom, do hereby swear,
depose and state that
W$l‘.§ 19#77‘/'}'§/,:)/1 l"$ 7%/{/ lundy c'l:rf/7”
*»**_119{``_!//¢/ /{l'/,M///ez/ls»e' c%e "/'l/ftcl?"’ hmw :/7é¢/ m/! c?f oil/l §Mc/
'_7~//~ 7*)/ /l/l Lzze:{cj fry lv»w/ /)/
I farther swear that the statements, matters and things contained herein are true and
accurate,to the best of my knowledge, information and belief
DATE » `` AFFLA.“I§,
n d :/::yq’ 07 7“” /0 /Q
soCJAL SECURITY #
SUBSCRIBED AND SWQRN TO BEFORE ME, a Notary Pub]ic, on this day of
,20
``
NOTARY PUBLIC
My _Comr_m``ssion Expires:.
STATE OF ARKANSAS ).
cO_UNTY OF /IL£?I/,A ) .
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Pub]ic, on this /y day of
/}///‘/1/ _ ',20/ 3 - _ .
’ NOTARY PUBLIC`` j/§/§)/A//SS£&£H/C
My Commlsslon Explres: _ v § "¢» 2 f 0 'E° /
.);,¢¢s.¢~m~
TEXAS DEPARTMENT oF misth sAFET-v
'CRHWELABORATOHY
. 350'WEST_1H 30
GARLAND,TEXAS 7soagssga
214/226=5245 `` _
oui)LEYM anM/;'='
' ~Assr.~ omEcTon
JAMES r\. 'vvi LSV¢"
9“““1 August 22,1995``]
Investigator Cecil Shelton ’* ""
Gregg County Sheriff’s Office
lOl E. Methvin, Suite 559 »
Longview, TX 75601 `` ~
vTQ:
Sexualvkssault; Bennie David Guy, Suspect;
Victim; Gregg County; 7~1-95;.Sub-
sUBJECT; L1D-76,495;
002- 003 95
Levonna Taliaferro,
mitting Agency Case No.
DATE RECEIVED: 'August 16, 1995
METHOD OF SUBMISSION: In person by William Dennan
EVIDENCE SUBMITTED: Sexual assault evidence collection kit from
the victim.
any physical trace
REQUESTED ANALYSIS: Process the items for
' evidence associated with sexual assault
' RESULTS OF ANALYSIS- The victim' s blood was typed aS-a group "0ll
and a secretor by Lewis typing
A nonspecific presumptive test for the presence of
semen was negative on the vaginal swabs and oral swabs.
No_ spermatozoa were detected on the vaginal smear
slides or the unlabeled smear slides- '
No hairs were’detected in the head and pubic combings.
No relevant trace evidence was detected in the finger-
nail clippings from the victim.
No analysis was performed_on the saliva specimen.
Please make arrangements"
We are unable to retain this evidence
to pick it up at your earlies-t Convenience.
ginde é//L~Lé#(C/¢> '
Manuel Valadez,
Lorna Beasley ' _ »
Criminalist VI ' Laboratory Superv'
LB/MV:lb
cc: Au us. Lab=
<_"_``_) ;,"7' 4
114 ,
COURTE$Y ~ SERV|CE ~ PROTECTION
t F|LED
cases couNTY. n-:xAs
JUN 17 2015
Cause No. 23,613-B
THE STATE OF TEXAS
§
§
vs. § IN AND FoR
' § . ' _
BENNIE GUY § GRE_GG coUNTY, TEXAS
ORDER DENYING DNA TESTING
' _ On this the _|£_ day of June, 2015, in Cause Nurnber '22,613~B,;B_ennie Guy’s
Request for DNA testing came to be heard. This Court has reviewed Mr. Guy’s
request and the State’s response, including affidavits from a deputy district clerk and
a sheriffs deputy in charge of property -retention. The S__tate has responded to Mr.
Guy’s request, by informing the court that the evidence Mr. Guy seeks to test Was
probably not entered as evidence in his guilty plea hearing, and-Would not have been
retained for 19 years, and can no longer be located This Court finds that the evidence
no longer exists ina condition making DNA testing possiblet_ Therefore, pursuant to
Article 64.03 (a) of the Texas Code of Criminal Procedure, this Court may not order
forensic DNA testing en the named items Request for DNA testing is denied.
JUN 1
Signed on 6. 2015
Cause Number 23,613-B
Ex PARTE § IN THE msch coURT
§ 124“* JUchlAL msch
BENNIE DAvn) GUY § GREGG coUNTY, TExAS
AFFIDAVIT OF BEVERLY MATHEWS
Before me, the undersigned authority, personally appeared BEVERLY
MATHEWS, who after being duly sworn, stated the following under oath:
“My name is Beverly Mathews and I am over the age of 18 and competent to
make this affidavit I was employed by the District Attorney of Gregg County as a
prosecutor from 1991 to 1998, and I was assigned to prosecute Bennie Guy,
I have some clear memories of that case. I have been asked it`` I have any _
knowledge of the location of a shirt, a comb, a pair of boots and a_ sexual assault kit
from that case.
“I did not keep evidence in my office If I ever needed to admit items into
evidence from the Sheriff’s Office, I would have requested it be brought to the
Courtroom on the day of trial. l would never have picked it up from the Sheriff’s
' oft``lce. After it was introduced, it would have been kept in the District Clerk’s
office, not my office.”
~.~_»~.,.,..\1.,- _``~.~.,_._ _
“I do not remember the lab report being helpful or hurtful to the defendant
l have no recollection of ever seeing the boots, shirt, and comb.”
d holan
severity MATHEWS, Afflam
Subscribed and sworn to before me, the undersigned authority, on this the
/Q% day ofMay, 2015. /7 _ 9
§ await da ma s1
f ' “ \ ``\._/
Notary Public, State of Texas
`` PRlscsLLA Pmce
.- N°¢ary Pubm;
sure oF rem
" Commluion Exp. 05-23~2015
Cause Number 23,613-B
Ex PARTE § IN THE DrsTchr c``oURT
§ 1241H JUDICIAL nrsTRrCT
BENNIE DAvn) GUY , § . GREGG coUNTY, TEXAS
AFFIDAVlT OF DEBBIE KINNEY
Before me, the undersigned authority, personally appeared Debbie Kinney,
who after being duly sworn, stated the following under oath:
“My name isn Debbie Kinney and I am over the age of 18 and competent to
make this affidavit I have been employed by the District Clerk of Gregg County
as a deputy clerk for the last 16 years, and I am assigned as a records manager and
as a civil supervisor. I know the procedures for exhibit destruction m the Gregg
County District Attorney’ s office
“I began destroying evidence in 2011. I do not know who was responsible
for that before I began. I believe that it had not been done for some time, because
when I began, I destroyed some evidence from as far back as the 1970’8. It is now
our policy to hold on to evidence from capital murder, murder, and sexual assault
ncases, but I am not sure when that policy was implemented.” \
“I have been asked to search my records to see if the evidence requested by
Bennie Guy has been destroyed I have searched for the evidence from Mr. Guy’s
case, but have been unable to locate aidestruction record for the boots, comb, shirt
and sexual assault kit listed in Mr. Guy’s motion and found no record that those
items were destroyed.”
Subscrlbed and sworn to before me, the undersigned authorlty, on this the n
fm n
_ l l _day ofMay, 2015
tilt 1 1
tav©tblic, State of Texas
Cause Number 23,613-B
Ex PARTE § 1N THE DISTRICT coURT
§ 1241lH JUDICIAL DISTRICT
BENNIE DAvn) GUY § GREGG coUNTY, TEXAS
AFFIDAVIT
Before me, the undersigned authority, personally appeared Adalia
Richmond, who after being duly sworn, stated the following under oath:
“My name is Adalia Richmond and I am over the age of 18 and competent to
make this affidavit I am employed by the District Clerk of Gregg County as a
deputy clerk for the last 24 years, and 1 am assigned to the 188th Judicial District
Court. I have knowledge of the procedures for exhibit storage areas of the Gregg
County District Clerk.
“I have been asked to look for evidence that was asked for by Bennie Guy, I
have searched for the evidence from Mr. Guy’s case, but have been unable to
locate the boots, comb, shirt and sexual assault kit referred to in Mr. Guy’s
motion. I have searched the entire vault, all the exhibit cards (which should list
everything in the vault on a particular case) and found no record of those items. I
had another deputy, Jhazmyne Williams, go back and check it again. There was no
exhibit card in this case, In the case file, I found an ‘evidence list’ prepared by the
Gregg County Sheriff , which listed the four items plus a burned vehicle as exhibits
'*"*“f°"’?'"``""' " .. ,. 114 ., . _ _... ..
‘A-E.’ That is not a list of State’s Exhibits from the trial, because at trial, State’s
exhibits are given numbers, not letters. l
“I have also checked with Debbie Kinney, our records manager, another
veteran deputy in our office_. She told me she found no record of State’s Exhibits
being destroyed.”
“I do not know where the requested evidence is.”
nw
Adalia Rith{nond, Afaanr
Subscribed and sworn to before me, the undersigned authority, on this the
Notary Public, Svtate of Texas
\QM\ day ofMay,``ZO 1 5.
rnuniwllllululllullll|llu ' f
» ullllllllllllill)l|lllll llllll
v
k STATE OF TEXAS
m Hy Commhba win 12'1!*2915
~
, lllllllllllllllllllllllllllllullllllllllllluuullllllu rl ml u. _'
lllulnllllnlu l
'IIIlIIIlllIl'm
~,_,..._.......,.N¢....._``.....-.-,,,`` ``: _ ``
Cause Number 23,613-B
Ex PARTE - § . ' IN THE DIs'rRICT coURT``
§ 124TH JUDICIAL _DISTRICT
BENNIE DAVID GUY § GREG_G CoUNTY, TExAs
AFFIDAVIT OF DAVID FALCO
Before me, the undersigned authority, personally appeared DAVID FALCO, k
who after being duly sworn, stated the following under oath:
“My name is David Falco and l am over the age cf 18 and competent to
make this affidavit I have been employed by the Sheriff of Gregg County as a
deputy for the last g years, and 1 am assigned as a Criminal Investigator / Evidence
Custodian, and as such, I know the procedures for evidence preservation and
destruction in the Gregg County Sheriff’s Oftice.
“I was asked to search for evidence in the Bennie Guy case, specifically, a
pair of boots, a shirt, a comb, and a sexual assault kit.”
“I have searched the evidence storage area room and all storage rooms under
my control as well as the original property log bo a d case file , and have not
DA"er F/>rtco, Afaam
Subscribed and sworn to before me, the undersigned authority, on this the
_lg_ day of Ma¥“{mg§
"``;SO``€`` ~',:.
§§\~,. :_ soiARr/>@(O f Ml&'/] M)l//AU§"@M
§ ‘£;%>O/ iM Notary Public, State of Texas
z’//, '<§t/)Rg§“% '.‘._-~":
Case: 5:lZ-cv-OOZZZ-JMA('”"``EDY Document #: 2-1 Date Fi|{e"~',,p€/lg/ZOlZ Page 37 of 119
t
i
CRIM.NAL liNFO'R-;MAT|DN
1131 THE Cl R,Ci``ti 1T C‘UUSR‘I' OI~“' $T». FRA'NC|.S COUNTY, AFRKAN’S_AS
53333 03 3333333,3$ n PL_MNT\FF
v;s, No.. 33“33-§; 151 131 3 1111
333~13||3 133le Gut ~ DEFEHDANT
naming GrD'la'E rio l"l¢_``\‘(``| 1:".3;..1_ Ni\
Earle, Arltan-sa:s
1333 303 313-33 3533 XXX-XX-XXXX §§§EEY
Atrest.D31;3:~ B»)I=‘?'S Tracfhihg No.\: 214325? ' "
0113333(5}: 544-103 -\ R3'p3, Ctas's Y 1131333331 “:;‘~: z; 353-m
n '.111'1.'11;``;
BET1E5 GNEEN, vi
51 FRA UHCUSH§K
“Cemes,, Fietcher 1333 ]33, Ptosecuting'A'ttomt-syi3_ttit``133 and 133 11133 13th judicial Bistt§ct
61 1113 State of'ArItarhsas‘, 01``33131311 S't. Frahc"i's County is 31 part, 131 the 3'33313 3331 1in the
3111!103'11;;' of the 533|;3 01 A:'ri:t:msas, 333 cady db accuse the above named defendant 0311:133
toilet-ting c imelfs 1:
533-103 - ~ 331>3 31355``3331.0333'
Committed 35 fbliows to witt
* - ’l"‘hat`` 3315 detend3nt on or about 1433 25,1995 113 St. Frantis Ctmsity,
33311:333533, did 3333333 131 sexua§ ihtetmu=l:'se or deviate 3333:3! actith 331th 13551€3 133 H3rris by
13r3:113.13 compui``sio'n 11133'3133 committing the 01131353 01113333, Cia»:;s Y Fei'otty, agalhtt the peace ~
and tiigh1ty 31 the 51313. 31 At'ic-313533.
1133 pe:na[ity 133113331133333 01 ita;pe\, Class Y 1131033' is 1010 40 313313, or 1113 13 the
Ari§:331533 Depattmeht 31 Correttiohs, 33131131' any such 0.1;1333 3331331;11331 tit conditions 33 may
133 113313¢3§3£``1 1333 lawt
ith
$§'E»
/\‘
Lf;
1 Case: 5:12-cv-00222-J|\/||V'(f"'\DY Document #: 2-1 Date Fi|¢(?~"~f'\OG/lQ/ZOlZ Page 38 of 119
1333 a 33333 03'1":3133 33333:3&3“ she Sca®e. will 633‘3331'3'333 fesser inchde-d c)fffenses.
_33.333:33333 30330, 333
3330$3£33333~333 333303333 33
333353' 363)33:3333 3335'3‘33;3€3
33 ida33 3 3333 333-3333
GARY ].\. CHUSSON
DEPUTY SECUT|NG ATFORNEY
Subscribed 366 sworn m before me this ¢"Zli``¥;§ay of ]an333333'_1, 3996
/M 7``7§€¢(/
333 Comrmssmn Exp|res 33033333¥
§§p!lmber 133 2905
PROBABLE CAUSE H'EARENG ,
3_, the 3333633333§3336 33363¢:3:33 office:l'j, have 33336 a Probable Cause Heazr]ng 033 6335 date;
have reifewed the 3356333'33; attached to 333-3 w33h333 information 33336 upon sath 333333333333 and
0633:3 proof matters 366 331th before the Court, 60 hereby find that there 33 prcb.ab!e cause
to 6033333333 3he. 033333633333 3333313-:36'§ 331333:333, to be 33336 for 33333 cm the offense charged..
S:iic§ defendant 333:3[§|§ §be, 333 has been admitted 30 3333| 333 3he amount 333 $_{_3§.3._3;)£3
30 assure 3335/313333 apppaa“ahce 333 Court 3333 3~1333€33 Z§, 39935 33333;3 each date
<§»~)’
>
q
/ Ca_se: 5:12-cv-00222-JMM""DY Document #: 2-1 Date Fi|c(>.~" 06/19/2012 Page 36 of 119
l . .
l
m THE .c_mcurr collar or sr. rmwcls couNTY, ARJ
}essice. The 'M~oa;eE records indlcered char Guy renced a motel room at She!l Lake ac the dme
indicated by ]essfca. Medlcal vest performed by the Memphls Rape Crlses Cen©er shows dual
}esslca was ra,ped, that there were fears to me vagina area and that sperm and halr samples
werel found on the vicdm_. An Alddavlc for Warranr of Arrest was signed and an A'rrac
Warrant was lssued.
\
GLENN vR.»*!\.l"TSE‘l"
Subscribed and sworn w before me this m .[_ 2 z& day of ],a;nuary, 1996.
M Ccrmmisslon E>t lres;
S;lptember 15. 2
me \é en
mlmw\m mv\.% made
J.\\/\O W:S,§ NOW\ mma.~...euz~w
w Q ¢ , n
S~G,. O©.~U and h:S..O.n….; ,_Q\z~ .QO.C, mvm.~.§
oz eden l amend
oz w§.. d K ®W.Q__ Gmm»,.f 5 O.O.Om.$ §§
oz e~za _ . mzomm
oz cea
\Q®P\\CU\Q made
H_W¢..m
§§ §m~ § §``Q: nnwne§~
¢
