-
./ I-;:. LJ 0 This document contains some pages that are of poor quality at the time of imaging. RECEIVED IN 0 COURT OF CRIMINAL APPEALS NOV 30 2Ui5 n THE STATE OF TEXAS Abe, Acost~. Clerk COUNTY OF Brazos D I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos 0 County, Texas do hereby certify that the documents contained in this record to which this certification is attached are all of the documents specified by Texas Rule of Appellate Procedure 34.5(a) and all other 0 documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34.5{b). · o· GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office 0 in Brazos County, Texas, this the 26th day of February,2013. 0 ~-o 0 Marc Hamlin, District Clerk 0 Brazos County, Bryan Texas 0 jf_shfey :Morgan Deputy Clerk 0 0 0 0 Page 80 I) / /--- 1 1 l 1 2 RTER'S RECORD Volume 1 of 6 Volumes ] 3 Trial Court Cause No. 12-03324-CRF-272 4 Court of Appeals No. 10-13-00049-CR J .. 5 6 THE STATE OF TEXAS IN THE DISTRICT COURT OF J 7 vs. BRAZOS COUNT~, TEXAS ] 8 DAVID DUANE GREER 272nd JUDICIAL DISTRICT ] 9 10 I·; J 11 12 ] t' 13 MASTER INDEX. ]'\' 14 15 ~ 16 17 CERTIFIED <.:;·: •·. ":-;;:· J -TRANSCRIPT 18 '" J 19 20 ~ 21 Denise C. Phi+lips, Texas CSR #6482 Official Court Repbrter - 272nd District Court ] 22 300 East 26th Street, Suite 204 Bryan, Texas 77803 23 979-361-4221 r 24 25 iJ " DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER· '] 272ND DISTRICT COURT l 2 1 A P P E A R A N C E S 1- 2 1 3 ATTORNEY(S) FOR STATE: RYAN CHARLES CALVERT ~ 4 SBOT NO. 24036308 5 WILLIAM LEE WARD SBOT NO. 24077302 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, Texas 77803 Telephone: 979-361-4320. 8 9 ATTORNEY(S) FOR DEFENDANT: 10 EARL R. GRAY SBOT: 24.007265 11 Gray, Granberry & Jones 103 N. Main Street 12 Bryan, Texas 77803-3235 Telephone: 979-822-4759 13 14 15 16 17 18 19 20 21 22 23 24 25 DENISE C.PHILLIPS, CSR OFFICIAL'COURT REPORTER 272ND DISTRICT COURT 0 4 D 1 2 October 29, 2012 CHRONOLOGICAL INDEX Volume 2 0 3 Page ~ 4 Opening Remarks by the Court 4 Announcements of Ready 4 5 Defense Request for Audio/Video Evidence 4 The Court's Ruling on Request 5 0 6 Adjournment Court Reporter's Certificate 6 7 7 0 8 November 13, 2012 Volume 3 0 9 10 Venire pan~l seated Voir Dire Examination by The Court Voir Dire Examination by Mr. Calvert 5 5 11 0 11 Venire panel retired Discussion at bench: 99 12 Venireperson No. 1 99 0 13 Venireperson Venireperson No. No. 5 excused for cause 17 104 104 Venireperson No. 17 excused by agreement 107 0 14 Venireperson Venireperson No. No. 22 22 excused for cause 107 108 15 Venireperson No. 24 108 0 16 Venireperson Venireperson No. No. Veni~eperson No. 30 30 excused by agreement 57 excused by agreement 111 111 112 0 17 18 Venireperson No. Venireperson No. 53 excused by agreement 48 112 112 Short recess 114 0 19 Venire panel reseated Venireperson No. 30 excused by agreement 114 114 20 Voir Dire Examination by Mr. Gray 114 0 21 Venirepersons Nos. 54 through 60 excused Venire panel retired 142 142 Short recess 143 0 22 Discussion at bench: 23 Venireperson No. 9 143 0 24 Venireperson No. 38 Defense challenge as to Venireperson No. 38 Court's ruling· 150 153 153 -0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT u I l 5 l 1 2 November 13, 2012 CHRONOLOGICAL INDEX Volume 3 J 3 Page 4 Venireperson No. 39 153 J 5 Venirep~rson No. 39 excused for cause Venireperson No. 40 157 157 J 6 Discussion with Defendant 159 Strikes made 161 7 Venire panel reseated 162 Jury seated 162 J 8 Remaining venire panel released 162 Instructions read to Jury 164 9 Jury retired 165 J Evening recess 174 10 Reporter's Certificate 175 J 11 November 14, 2012 Volume 4 12 Witness sworn 20 J 13 Discussion with Defendant Jury seated 20 22 Jury sworn 22 ] 14 Indictment presented Defendant's plea 22 22 15 Opening Statement by Mr. Calvert 22 ] 16 Witness sworn 26 STATE'S WITNESSES: 17 J TERRY YOUNG: 18 Direct Examination By Mr. Calvert 26 J 19 Cross-Examination By Mr. Gray 57 Redirect Examination By Mr. Calvert 73 20 R~cross-Examination By Mr. Gray 74 J 21 Jury retired 76 Short recess 76 22 Discussion with the Defendant 76 J Jury seated 78 23 Witness sworn 78 J 24 25 J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DlSTRlCT COURT J 6 1 ] . 1 CHRONOLOGICAL INDEX 2 November 14, 2 012 Volume 4 l 3 Page 4 RICARDO LEDESMA: 1 78 5 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray 87 ] 6 Redirect Examination By Mr. Ward Recross-Examination By Mr. Gray 91 93 7 ] 8 Witness sworn 95 LAKETH McKINNEY: ,' ;. ] 9 Direct Examination By Mr. Calvert 95 10 Cross-Examination By Mr. Gray 97 L 11 State rests Jury retired 100 100 100 12 Defendant's Motion to Suppress l 13 Court's ruling Jury seated 112 112 ] 14 DEFENDANT'S WITNESSES: 15 MONISHIA R~NE CAMPBELL: . ·· ] 16 Direct Examination By Mr. Gray 112 Cross-Examination By Mr. Calvert 122 ] 17 Redirect Examination By Mr. Gray 137 18 Defendant rests 142 ] 19 STATE'S REBUTTAL WITNESSES: 20 RICARDO LEDESMA: I 21 Direct Examination By Mr. Ward 1~4 Cross-Examination By Mr. Gray 147 ~ 22 Redirect Examination By Mr. Ward 150 23 Jury retired 151 Noon· recess 153 24 Jury seated 154 25 r DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~ 272ND DISTRICT COURT I l 7 l 1 2 November 14, 2012 CHRONOLOGICAL INDEX Volume 4 ] 3 Page TERRY YOUNG:. ]4 5 Direct Examination By Mr. Calvert 154 Cross-Examination By Mr. Gray 156 J 6 Witness sworn 157 7 ] 8 JASON WARE:\- Direct Examination By Mr. Calvert 157 ] 9 Cross-Examination By Mr. Gray 159 10 State closes 160 Defendant rests and closes 160 J 11 Jury retired 160 Objections to Charge '160 12 Jury seated 161 J Charge read 162 13 Closing Argument by Mr. Ward 162 Closing Argument by Mr. Gray 168 ) 14 Closing Argument by Mr. Calvert Jury retired for deliberations 176 183 15 Jury request to view video 183 Jury continued deliberations 183 J 16 Jury seated 183 Verdict 184 ] 17 Jury retired and released ~vening recess 185 185 18 Reporter's Certificate 186 J 19 November 15, 2012 Volume 5 20 Enhancement paragraphs presented 5 ] Defendant's plea 5 21 Witness sworn 6 22 STATE'S WITNESSES: J 23 BRYAN WADE RUEBUSH: ·~- .. 1 24 Direct Examination By Mr. Ward 6 Cross-Examination By Mr. Gray 8 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT [] 8 [} 1 CHRONOLOGICAL INDEX 2 November 15, 2012 Volume 5 0 3 Page 4 Witness sworn 12 0 5 GREG SILBER: ... .- .. 0 6 Direct Examination By Mr. Calvert Voir Dire.Examination By Mr. Gray 12 20 7 Direct Examination Continued By Mr. Calvert 25 0 8 Voir Dire Examination By Mr. Gray Direct Examination Continued By Mr. Calvert 26 27 Cross-Examination By Mr .. Gray 36 0 10 9 State rests Witness sworn 36 37 0 11 DEFENDANT'S WITNESSES: 12 KENNETH GREER: 0 '13 Direct Examination By Mr. Gray 37 Cross-Examination By Mr. Ward 41 0 14 Redirect Examination By Mr. Gray 44 15 Witness sworn 45 0 16 ANNETTE GREER 0 17 18 Direct Examination By Mr. Gray Cross-Examination By Mr. Ward Redirect Examination By Mr. Gray 45 50 52 0 19 Defendant rests State closes 53 53 20 Closing Argument by Mr. Calvert 54 0 21 Closing Argument by Mr. Gray Ruling of Court 56 58 Reporter's Certificate 61 0 22 23 0 24 0 : .. •' 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT ·- I '1 l 9 l 1 2 CHRONOLOGICAL INDEX Volume 6 J 3 Reporter's certificate 3 State's Exhibit No. 1 5 4 State's Exhibit No. 2 6 ] State's Exhibit No. 3' 7 5 State's Exhibit No. 4 8 State's Exhibit No. 5 9 ] 6 State's Exhibit No. 6 10 11 State's Exhibit No. 7 7 State's Exhibit No. 8 12 ] 8 State's Exhibit No. 9 State's Exhibit No. 10 13 14 State's Exhibit No. 11 15 ~ 9 State's Exhibit No. 12 State's Exhibit No. 14 16 17 10 State's Exhibit No. 15 18 State's Exhibit No. 16 19 J 11 State's Exhibit No. 17 20 State's Exhibit No. 18 21 12 State's Exhibit No. 19 22 ] State's Exhibit No. 19-A 23 13 State's Exhibit No. 20 24 State's Exhibit No. 21 25 ] 14 State's Exhibit No. 22 State's Exhibit No. 23 26 27 15 State's Exhibit No. 24 28 ~ 16 \ ] 17 18 J 19 20 21 22 23 J 24 25 1 .." DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ] 272ND DISTRICT COURT •I fi ~ 10 ' 1 ALPHABETICAL INDEX ' 2 Direct Cross V.Dire Vol 3 Campbell, Monishia Rene 112 122 4 137 4 Greer, Annette 45 so 5 5 52 6 Greer, Kenneth 37 41 5 44 7 Ledesma, Ricardo 78 87 4 8 91 93 9 Ledesma, Ricardo 144 147 4 150 10 McKinney, Laketh 95 97 4 11 Ruebush, Bryan Wade 6 8 5 12 Silber, Greg. 12 20 5 13 25 26 27 36 14 Young, Terry 26 57 4 15 73 74 l 16 Young, Terry 154 156 4 ] 17 Ware, Jason 157 159 4 18 19 20 21 22 23 24 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT l 11 l 1 2 EXHIBIT INDEX State's Exhibits l 3 EXHIBIT DESCRIPTION OFFERED ADMITTED VOL 4 1 Arrest Warrant 16 19 4 ] 2 Arrest Warrant 16 19 4 5 3 Video 34 34 4 3 Video 143 144 4 6 4 Photograph 48 48 4 J 5 Photograph 48 48 4 7 6 Photograph 48 48 4 ] 8 7 8 Photograph _Photograph 48 48 48 48 4 4 9 _Photograph 48 48 4 9 10 Leather jacket 41 41 4 J 11 Weapon 41 41 4 10 12 Bullets from weapon 54 54 4 . 14 Stipulation 20 22 4 J 11 14 Stipulation 99 100 4 15 Inventory form 90 90 4 12 16 Inventory Search Policy 107 4 J 13 17 18 Judgment and Sentence Pen Pack 15 26 17 27 5 5 19 Pen Pack 20 25 5 ] 14 19-A 20 Judgment and Sentence Judgment and Sentence 20 30 22 30 5 5 15 21 Judgment and Sentence 30 30 5 22 Indictment 28 5 J 16 23 Judgment' and Sentence 28 29 5 24. Fingerprint card 36 36 5 17 J 18 ] 19 20 21 22 J 23 24 ~ 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DISTRICT COURT 1 I I 1 r The State of Texas v. David Duane 'Greer October 29, 2012 ]. ..;• 1 REPORTER'S RECORD VOLUME 2 OF 6 VOLUMES 2 J TRIAL COURT CAUSE NO. 12-03324-CRF-272 3 APPELLATE COURT CASE NO. 10-13-00049-CR ~ 4 5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF ~ 6 § § § 7 v. § BRAZOS COUNTY, TEXAS J § 8 § § 1 9 DAVID DUANE GREER § 272ND JUDICIAL DISTRICT 10 ~ 11 ] 12 13 J 14 DOCKET CALL ~ '15 .. 16__ ~. 17 ij 18 19 On the __ 29th day of October}?.`` 2/ the fo l1 owi nQ r. b-·,.~ ] . -H ..... ···· . &4.1(_ •<' f: c.·-lyJ?cr~ ua,ec _y-e- f../(/( (/ 20 proceedings came to be heard in the above-entitled and 21 -numbered cause before the Honorable Travis B. Bryan, J 22 III, Judge presiding I held in Bryan I Brazos County I J 23 Texas: 24 I.~ Proceedings reported by computerized stenotype 25 shorthand. CERTIFIED, . , ___ ··- ------ - - · - - - - - - - - KC:letheryne B. Kytiell, CSR OfficiC:ll Court Reporter [ .-:- 272nc! District <;:ourt, BtC:lzos County, Tex(:ls ~. ,· 2 :n The State of Texas v. David Duane Greer October 29, 2012 n. 1 A P P E A R A N C E S 2 Mr. Ryan C. Calvert D Brazos County District Attorney's Office 3 SBOT No. 24036308 300 East 26th Street, Suite 310 4 Bryan, Texas 77803 D (979) 361-4320 5 ATTORNEY FOR THE STATE OF TEXAS D 6 Mr. Earl R. Gray 7 Gray, Granberry & Jones D SBOT No. 24007265 8 103 N. Main Street Bryan, Texas 77803 D 9 (979) 822-4759 ATTORNEY FOR THE DEFENDANT 10 D 11 D 12 13 0 14 D 15 _16_ 0 17 0 18 19 0 20 21 0 22 D 23 24 0 25 Q_ - ---·-··-- --·-··-. K.qethetyne B. Kytiell, CSR u OfficiC:ll Court Reporter 272ncl District Court, BtC:lzos County, TexC:lS 3 l The State of Texas v. David Duane Greer October 29, 2012 l 1 CHRONOLOGICAL INDEX VOLUME 2 2 (DOCKET CALL) J 3 PAGE VOL. OCTOBER 29, 2012 l 4 Opening Remarks by the Court ............... . 4 2 5 Announcements of Ready ..................... . 4 2 ] 6 Defense Request For Audio/Video Evidence ... . 4 2 The Court's Ruling on Request .............. . 5 2 7 J Adjournment ................................ . 6 2 Court Reporter's Certificate ............... . 7 2 J 9 10 ALPHABETICAL WITNESS INDEX J VOLUME 2 11 (DOCKET CALL) J 12 (No witnesses this volume.) 13 J 14 EXHIBIT INDEX VOLUME 2 ~ 15 (DOCKET CALL) -16- J 17 (NO exhibits this volume.) 18 J 19 ~ 20 21 J 22 J 23 24 J 25 J_ --- -- Kqethetyne B. Kytiell, CSR Officiql Court Reporter 1 272ncl District Court, Btqzos County, Texqs 4 n The State of Texas v. David Duane Greer October 29, 2012 0 1 2 (Open court, defendant present, no jury, D 3 10:01 AM.) B 4 THE COURT: David Greer. 5 THE COORDINATOR: Possibly be number one, D 6 depending on what Mrs. Lowry does. 0 7 THE COURT: MR. GRAY: Be number·ohe case. Good morning, Judge. D 9 THE C0 URT : _ Good mo r n i ng , s i r . ' Wh at says 10 the State? 0 11 MR. CALVERT: We're ready, Judge. 0 12 MR. GRAY: Judge, we'll announce ready on 13 t h e c o n d i .t i o n t h a t i f t h e r e i s a u d i o a n d v i d e o a n d a n 0 14 __ ..----·· .. inventory list.of what was actually seized at the time 0 15 of the arrest, that we get that sometime week. If I get 1.6. someth-ing --thi-s- week, -I have still have time to prepare. o- 17 THE COURT: Audio and video on what? o 18- 19 MR . GRAY : · 0 n t he a r r e s t . MR. CALVERT: - There was a traffic stop, 0 20 Judge. At pces~nt, -we don'~- have any audio· or vi de(). 0 21 22 We have requ!3sted it. week but have not heard anything yet. Requested it, I believe, last So I don't know 0 23 if those things exist or not; but if they do, we'll get 24 them to counsel as soon as we get them. D 25 THE COURT: When are you going to be able Q__: ------ -----~=============' K4etheryne B. Kyriell, CSR -U Offici3 A. IHRT---------------- ------------ D 0 9 D- 1 So, all you need to do is just say, "I'd 2 like to talk to you about that or talk to the Judge about O 3 that later." 0 4 5 You know, for instance, if you have been -- if this was a drunk driving case, hypothetically 0 6 speaking -- which it's not -- and you had been the victim 7 of a drunk driver or were close to someone who was, you 0 8 might not be able to be fair to the accused, if this were 0 9 a drunk driving case. So, you need to -- you would need 10 to let us know about that. 0 11 On the other hand, if you had been 0 12 13 mistreated by a police officer and if this was a police testifying case and due to that what you felt was 0 14 mistreatment you just didn't believe you could ever 15 believe a police officer or you'd be prejudiced against 0 16 the State because of that -- how you were mistreated in 0 17 that case, that also is something you should tell the 18 lawyers about. 0 19 The other area they're going to be going -0 20 21 into is law. Each side always has certain laws that they depend on for to represent their respective sides. They 0 22 may touch on a law that you don't agree with, that you 23 don't know if you could follow that law. This inevitably 0 24 happens when laws are being discussed with jurors. 0 25 I want to assure you, if we sat here and DENISE C.PHILLIPS, CSR f~/ OFFICIAL COURT REPORTER -tj------ -- -~ ------------------------2--9.ZN-B-D-LSTR-I-eT-e01:T-RT-~----- ---------------~- -----------~- D n 10 O- 1 talked about the law long enough, we would come to a law n 2 that each and every one of you would have a problem with. 3 Not all of you would have a problem with the same one, but 0 4 5 some one law that you personally would have a problem following. 0 6 That is another thing you should tell the 7 lawyers. If they bring up a law you just don't think you D 8 could follow, it's okay to say, "Judge, I just don't D 9 believe I can follow that law if I'm on the jury." Be 10 sure and let them know that. 0 11 Keep your voice up. Our court reporter over 0 12 13 here, Denise Phillips, is trying to take down everything you say and I say. Hold up your card when you begin to 0 14 answer questions. That's so that we can get your number 15 for the record. If the lawyer's standing between you and 0 16 the eyes of the court reporter where she can't see your 0 17 number, try to hold it out to the side. 18 We don't need for you to just hold it up the 0 19 entire time you're answering, because your arm will get sore doing that. Just hold it long enough for her to see 0 20 21 it, for the lawyer to see it, call on you and then make 0 22 sure she can see it; and then, you can put your card down. 23 The -- the work that we're doing here is 0 24 very serious. We're looking for 12 jurors that can be 0 25 fair to both sides-of this case. If you've ever been the DENISE C.PHILLIPS, CSR \/ OFFICIAL COURT REPORTER --8--- ---- ------------ ------------------------------2-7-2-N-8--8-I-S!F-R-I-G-T-GGHR.!:F----------------------- ----------- 0 0 11 victim of a crime or were the close relative or a loved D-- 1 2 one of somebody who was, I think you probably personally Ll 3 understand and realize how important the criminal justice B 4 5 system is because you've been down that path before. On the other hand, if you've ever been D- 6 wrongfully accused of a crime in your life or were close 7 to someone who was· and I assure you it does happen from O 8 time to time, ladies and gentlemen -- you also know how 0 9 important our criminal justice is. 10 I am proud of the fact that we bring in 0 11 people like you to make these decisions. I'm a firm ( 0 12 13 believer in the jury system. We don't want to turn the system over to lawyers, ladies and gentlemen. We'll mess 14 it up. As long as we're bringing in people like you off 15 the street to sit in that box and make decisions, we're 16 going to have a good brand of justice down here. 17 Thank you for coming today. At this point, 18 I'll turn it over to the lawyers. The State gets to go 19 first because they have the burden of proof. And each Q 20 21 side will introduce their respective parties in the case. Go right ahead, sir. 0 22 MR. CALVERT: Thank you, Judge. 23 VOIR DIRE EXAMINATION BY MR. CALVERT 0 24 MR. CALVERT: Good morning. 0 · 25 VENIREPERSONS: Good morning. DENISE C.PHILLIPS, CSR . r/ OFFICIAL COURT REPORTER -t;j---------------- ------------------------2-"l:imD-D-rSTR-rCT-·COURT-----:---------------- --·------------- 0 0 12 D 1 MR. CALVERT: That wasn't bad for a Tuesday 2 morning. My name is Ryan Calvert. I'm a prosecutor here [J 3 at the District Attorney's Office in Brazos County. I 0 ·5 4 work for your elected D.A., Bill Turner. with me this week is going to be Will Ward. Trying the case Will is 0 6 another Assistant D.A. here. 7 Right here is the Defendant in this case, D 8 Mr. David Greer. And up here is the Defense attorney, 0 10 9 Mr. Earl Gray. Does anybody o~t there know anybody up here? -0 11 Yes, sir, who do you know? 0 12 13 VENIREPERSON NO. 4: MR. CALVERT: Mr. Greer. You know Mr. Greer? Okay. 0 14 And you are Mr. Kelling? 15 VENIREPERSON NO. 4: Sparks. 0 16 MR. CALVERT: Oh, I apologize. Mr. Sparks. 0 17 18 How do you know Mr. Greer? VENIREPERSON NO. 4: Mutual friend of the D 19 family. 20 MR. CALVERT: How long have you known him? 0 21 VENIREPERSON NO. 4: Gosh, about 20 years. 0 22 MR. CALVERT: Long time. Okay. Fair to say 23 as a friend that you've known for 20 years, probably 0 24 couldn't be -- probably wouldn't be the most impartial or 0 25 objective juror on Mr. Greer's case? DENISE C.PHILLIPS, CSR Would that be fair? rl OFFICIAL COURT REPORTER --{;j--- ~-- -- ------------------ - ---------~ -~--- ----~-- ----~--------2~7--2-N-:9--fl-I-S-'1'-R-I-G-T--GE>BR'=.P----- --- -- ----- -----~----- ~-----``------~--- 0 D 13 0 1 VENIREPERSON NO. 4: Yes. 2 MR. CALVERT: Okay. 0 3 VENIREPERSON NO. 4: I wouldn't be 0 4 5 comfortable convicting him or not convicting him. MR. CALVERT: I understand. I appreciate 0 6 that, Mr. Sparks. 7 Anybody else know anybody up here? Wow. 0 8 All right. 0 9 Yes, ma'am? 10 VENIREPERSON NO. 23: I know the attorney. 0 11 MR. CALVERT: You know Mr. Gray? You don't 0 12 _13 need to be shy about it. He's a good guy. It's okay to know Mr. Gray. 0 14 How do you know him? 15 VENIREPERSON NO. 23: My professor. 0 16 MR. CALVERT: He was your professor? Okay. o-~- 17 And you're a paralegal; is that right? What type of work 18 do you do? o 19 VENIREPERSON NO. 23: Real estate. 0 20 21 MR. CALVERT: All right. court -- y'all come to court a lot and do a lot of the So, you come to 0 22 jury trials, right? No, it's all paper, isn't it? 23 VENIREPERSON NO. 23: Uh-huh. [] 24 MR. CALVERT: All right. 0 25 VENIREPERSON NO. 23: DENISE C.PHILLIPS, CSR Tom Geisenschlag, n -8--- OFFICIAL COURT REPORTER ---~--``---- ----------~----------~-``-----~-~-2-7-2-N-B-B-I-S-'P-R-I-e'I'~-eeUR-T------------------- ---~--~----- n 14 Ll 1 Brazos County Abstract Company. 2 THE COURT: Let me have the lawyers come up 0 3 here just a minute. 4 (Bench conference:) D 5 THE COURT: I've got a problem with No. 4. D 6 Do you have any problem letting 4 go? 7 MR. CALVERT: That's fine, Judge. 0 8 MR. GRAY: No, that's fine. 0 9 (Bench proceedings concluded.) 10 THE COURT: Juror No. 4, I think we probably 0 11 need to let you go. And there's no use in keeping you 0 12 13 around all morning. So, you can go, sir. 0 14 VENIREPERSON NO. 4: Okay. Thank you very 15 much. 0 16 THE COURT: You can leave the courtroom. o- 17 Ladies and gentlemen, we're going to be 18 going here most of the morning; and I should have done o 19 this before I turned it over to the State. I pardon this 0 20 21 interruption. Both sides are going to be talking to you. B 22 Each side is going to talk to you for about an hour, maybe 23 a little more, ask you questions. We'll be here for most [} 24 of the morning, and we may even go into the noon hour. 0 25 So, here's the question I want to ask you: DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER _Q____ -- -- ----- ~- ----------------------~----------~-~2~-2-N-D-DI-S '1!-R-I-G-'I'~GGU-R-'I'----------~------------- ------------------- [} n 15 8 1 2 How many of you would rather r just go ahead and work through the noon hour and get through with this and get 0 3 out of here -- those of you who are not on the jury -- as 0 4 5 soon as we can? As opposed to the other option, and that is, to take a lunch break, an hour and 15 minutes, come 0 6 back and get through later in the afternoon then you would 7 otherwise? 0 8 How many of you would rather just work on 0 9 through the noon hour and get through? Raise your hands. 10 (Show of hands.) 0 11 THE COURT: And how many of you would rather 12 take a noon break and come back later? D 13 (Show of hands.) 0 14 THE COURT: All right. The Option 1s have 15 it; so, that's what we'll do. 0 16 Go right ahead, Mr. Calvert. o-- 17 MR. CALVERT: Thank you, Judge. 18 All right. Ms. Henry, when was Earl your D 19 professor? How long ago was that? 0 20 21 VENIREPERSON NO. 23: MR. CALVERT: Okay. Two years ago. Is there anything about 0 22 the fact that he was your professor or that relationship 23 that's causing you to come in here biased in favor of him, u 24 against him 0 25 VENIREPERSON NO. 23: I am friends with one DENISE C.PHILLIPS, CSR n -bJ----·---·· -------- OFFICIAL COURT REPORTER --~----·----------------2-'7-2-N:Q-:Q-I-S'I'-R-:tG--'I'--GGUR'I'~----------·- -------~---- 0 D 16 0 1 of his paralegals. 2 MR. CALVERT: Okay. Is that something -- if 0 3 you're honest with me and honest with yourself, is that 4 something that would make you uncomfortable as a juror? 5 VENIREPERSON NO. 23: No. 6 THE COURT: Okay. so, you're good? 7 VENIREPERSON NO. 23: Yes. 8 MR. CALVERT: All right. Thank you, ma'am. 9 I appreciate it. 10 Anybody else that I missed know anybody up 11 here? I'm shocked after one person said, "Yeah, I know 12 somebody," and that person isn't here anymore, there's no 13 more. 14 Yes, ma'am? 15 VENIREPERSON NO. 1: I just know Mr. -- 16 MR. CALVERT: You know Ernie? 17 VENIREPERSON NO. 1: A long time ago I used 18 to be a cashier at Kroger, but I just know him -- he was a 19 police guard of the store. 20 MR. CALVERT: Yes, ma'am. Anything about 21 that that is going to make you 22 VENIREPERSON NO. 1: No. 23 MR. CALVERT: All right. Very good. 24 Anybody have questions about anything before 25 we jump into some law? Anything y'all are curious about DENISE C.PHILLIPS, CSR 0 17 o. 1 or wondering about right now? I know there are -- what's 2 the first question everybody always has in situations like D 3 this? How long is this going to take, right? Heads are 0 4 5 nodding. Yes, that's my question. Well, myself and Will in the next six to 0 6 eight weeks, we look forward to presenting this case to 12 7 of y'all. No, this is going to be-- it's going to be 0 8 pretty quick. Scheduling-wise here's how this is going to 0 9 go. 10 You asked the question about are we just 0 11 talking about jury selection? That's all we're going to Q 12 do today. Okay. We're going to do this process today. 13 And it'll take most of the day. 0 14 Like the Judge said, I'm going to talk to 15 y'all for an hour, hour and 15, somewhere in there. When 0 16 I'm done, Earl will have a chance to talk to y'all. The o- 17 good news is invariably because we go first, we always end 18 up going over stuff that they were going to go over so o 19 usually -- no pressure, Earl -- but usually theirs doesn't 0 20 21 take quite as long as ours does because a lot of it would be repetitive. 0 22 But we're going to get through that process 23 today; and then, the Judge will give y'all a fairly long 0 24 break, 20, 30 minutes, give us a change to make our 0 25 strikes, maybe talk to some of y'all individually; and DENI$E C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0------ ·- ·---~--- -----------------------------~--2-'7-2-N-B~B-I-STR'I-eT--eeURT-------------------------- ~--------------- [J ") ll 18 0 1 then, at the end of the day, we'll have a jury seated and 2 that will be what we'll do today. 0 3 We'll start tomorrow morning with the actual D 4 5 evidence portion of the trial. 9:00 o'clock in the morning, 9:00, 9:30, somewhere in We usually start around n 6 there. And the Judge is real good about keeping business 7 hours, try to break as close to 5:00 o'clock at the end of 0 8 the day as we can. And I think this case will probably 0 9 there's an outside chance it could be over tomorrow, or it 10 might·bleed into Thursday. I don't think it will go any 0 11 past that. All right? 0 12 13 last week or I I almost made a mistake. guess two weeks ago, and We were in trial I was doing this 0 14 part of the trial. And I made the comment that somebody 15 said they had nonrefundable plane tickets Thursday of the 0 16 next week, which was last week; and I said, "Man, if we're 0 17 still here Thursday of next week, something has gone 18 horribly, horribly wrong." And, boy, we almost made it. D 19 We made it until late Tuesday night -- probably should 0 20 21 have gone into Wednesday, but I was getting nervous. This one isn't going to take that long, but 0 22 it is very important. 23 So, that's kind of what the schedule is 0 24 going to look like for the rest of the day. Is there -o 25 anybody that has, like, nonrefundable plane tickets DENISE C.PHILLIPS, CSR -0--~-- -- - - ------- ---------------------------``-~-~-````-I-``~-``T``-````E~---··-----------·---------- ----- ______..._- -------------------· 0 [l 19 n_ ";'"J 1 tomorrow or the next day going to Hawaii or anything like 2 that? 0 3 VENIREPERSON NO. 8: Not necessarily B 4 5 nonrefundable, but I'm leaving the state Thursday and Friday. 0 6 MR. CALVERT: Thursday and Friday? 7 VENIREPERSON NO. 8: Correct. 0 8 MR. CALVERT: Is that for work? 0 9 VENIREPERSON NO. 8: For work. 10 MR. CALVERT: Okay. If -- let me ask you 0 11 this: If this trial were still going, is that something 0 12 13 that would be a real hardship on you if you were no~ able to go? D 14 VENIRE PERSON NO.·- 8: , It's -- I'm the main 15 assistant, and I have to go. 0 16 MR. CALVERT: You have to go. -o-- 17 VENIREPERSON NO. 8: Yes. 18 MR. CALVERT: Okay. Obviously, if something io 19 were to happen and you couldn't go, is that something that 20 would be a distraction to you, the fact that you're not 0 21 going on this trip that you have to go on? 0 22 VENIREPERSON NO. 8: I mean, if -- if -- it 23 could be, yeah. 0 24 MR. CALVERT: Okay. All right. And you're 0 25 a -- is it Mr. Schlechte? DENISE C.PHILLIPS, CSR ({ . . OFFICIAL COURT REPORTER ·-bi--· ----·----·------ -·-------~----~---~----~Q-7-2-N-B-B-I-S-'F-R-I-G-'P--GGT:TRT-------------~----- ---------------- u 0 20 [1 1 VENIREPERSON NO. 8: Yes. 2 MR. CALVERT: Did I say that correctly? n \_, 3 VENIREPERSON NO. 8: Yes. 0 4 5 MR. CALVERT: VENIREPERSON NO. 8: What type of work do you do? Accident 0 6 reconstruction. 7 MR. CALVERT: Who do you work for? D 8 VENIREPERSON NO. 8: James Locke. u 10 9 MR. CALVERT: primarily for attorneys or what? Okay. And do y'all work 0 11 VENIREPERSON NO. 8: Correct. 0 12 13 MR. CALVERT: y'all do work for criminal lawyers or what? Insurance companies, or do D 14 VENIREPERSON NO. 8: A little bit of 15 everything. 0 16 MR. CALVERT: Okay. Okay. How long have o--- 17 you been doing that? 18 VENIREPERSON NO. 8: Four years. o 19 THE COURT: All right. Very good. u 20 21 VENIREPERSON NO. 8: it's important, but we had a former employee that the D.A. And I don't know if D 22 is investigating. 23 MR. CALVERT: Oh, okay. Well, let's talk 0 24 about that. How do you feel about that? 0 25 VENIREPERSON NO. 8: I'm not too happy about DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -0----- - ------- - ----------- ---------- ----- -- --- --------- --2-/2-ND-D-J:-S TR-I-CT-COURT ____ ----- -------- -- ----- -- ----- ----- ---------- 0 0 21 fl -:I 1 it. 2 MR. CALVERT: Not too happy with our office? 0 3 VENIREPERSON NO. 8: No, with her. B 4 5 happy with our office? MR. CALVERT: Oh, okay. I like your attitude, Mr. So, you're very 0 6 Schlechte. 7 VENIREPERSON NO. 8: Yes. D 8 MR. CALVERT: Is there anything about that ·o 9 .situation besides the fact that our office is currently 10 investigating somebody that you used to work with that 0 11 would affect you in any way in this case as a juror? 0 12 13 VENIREPERSON NO. 8: MR. CALVERT: Okay. Only towards her. Very good. I don't 0 14 think she's going to be involved in this case, but I 15 appreciate it. 0 16 VENIREPERSON NO. 8: No. ·n··- 17 MR. CALVERT: All right. Any other 18 questions about anything before we kick off? ~ 19 What's the second the first question is 20 always how long is this going to take? The second D 21 question is always what? What is this case about, right? u 22 23 And what's the one thing we can't tell you at this point? What is this case about? We're not allowed at this point D 24 to go into what this specific case is about, what the 0 25 facts of this case are. If you think about that, that DENISE C.PHILLIPS, CSR r1 OFFICIAL COURT REPORTER -}:j--- --- ---- _____:_ ____________ -----------------------------------2-9-2-ND-B·I-STR-I-eT--eeURT----------------------------------- -------------·------------.-- 0 f} 22 (l 1 makes sense. n 2 It would not be fair to Mr. Greer if I could v 3 get up here and go, "All right. We have X fact, Y fact 0 -/ 4 5 and z fact. can stick around. What would you do? I like that answer. You, nope, I don't think I like that You 0 6 one. You're gone," and so on and so on. 7 We can't do that. Okay? So, if it seems to 0 8 y'all that myself or Earl are speaking in very broad terms (1 9 and in general terms, in hypothetical terms, it's because L1 10 that's exactly what we're doing because that's what the 0 11 law requires of us at this point. All right? Let me'ask y'all this: Let's go back to 0 12 13 high school, high school civics. This is a criminal case. D 14 How many of y'all watch the law shows on TV? I know more 15 people than that watch the law shows. That's all that's 0 16 on TV now, right? You can't turn the TV on without a law -n--- 17 show being on. 18 In a criminal case, who has the burden of 0 19 proof, me or them? 20 VENIREPERSONS: You. 0 21 MR. CALVERT: We do, Ryan and Will. Always, D 22 always, always. The burden of proof is here with the 23 State. It never, never shifts over here. As he sits here 0 24 right now, Mr. Greer is what? 0 25 VENIREPERSONS: Innocent. DENISE C.PHILLIPS, CSR n OFFICIAL COURT REPORTER --}:j----- ------- ------------ -·----------------------------- ---------2-7--2N-B--B-I-S-TR-I-ET-e0HRT---------------------- --------------------- -- . 23 fl D 1 MR. CALVERT: Innocent. And he stays 2 innocent until when? [J 3 VENIREPERSONS: Proven guilty. u 4 5 MR .. CALVERT: VENIREPERSONS: Until proven guilty by who? By you. 0 6 MR. CALVERT: By Ryan and Will, right? 7 Okay. Now, those of you that watch the law ·o 8 shows, what's the burden of proof in a criminal case? 0 9 Proof beyond a? 10 VENIREPERSONS: Reasonable doubt. 0 11 MR. CALVERT.: Y'all are good. Usually I 0 12 13 trick somebody up, and they go, because that's what I saw on TV. "shadow of a doubt," 0 .14 Okay. We're going to talk about that ~n a 15 minute. But let's talk for a minute about what that D 16 means, what the burden of proof means and what - ----~..-- ---- -- --------------·-·---·-- ----·--- ---· ----·--------------------------- ----t- .__ _ 0 17 18 specifically we have to prove. The Legislature in this big old fat book 0 19 right here has defined each and every crime in the State 0' 20 21 of Texas. are called elements. And the way they define crimes are through what Element are just specific factual D 22 things that Ryan and Will have to prove. And if we prove 23 each element of the offense to the jury beyond a 0 24 reasonable doubt, the jury is required by law to come back D 25 with what verdict? DENISE C.PHILLIPS, CSR _g ~--- ~- ----·-------- `` -----~------------------````````I````~T``````~!:-~- - ~-- --~--- - --~--``--~- --~---------------~- 0 r' J 24 1 VENIREPERSONS: Guilty~ 2 MR. CALVERT: Guilty, right? If we fail to 3 prove any element of the offense, the jury is required by 4 law to come back with what verdict? 5 VENIREPERSONS: Not guilty. 6 MR. CALVERT: Not guilty, right? Everybody 7 with me? 8 Like the Judge said, in this case, Mr. Greer 9 is charged with unlawful possession of a firearm by a 10 felon. These are the elements of that offense. These are 0 11 the specific things that we have to prove. 12 One, the defendant, we have to prove that [J the person on trial is actually the same person that 13 0 14 committed the offense. Two, has been convicted of a 15 felony and possessed a firearm. Okay? 0 16 That's kind of a bare-bones outline. That's 0 17 18 the elements of unlawful possession of a firearm by,a felon in Texas. Q 19 Now, we're lawyers; and so, for lawyers, 20 nothing is ever this simple, right? We have to have long 0 21 definitions and stuff. The possession of a firearm has to 0 22 23 be within five years of the defendant's release from either confinement or parole, whichever is later. All 0 24 right? 0 25 So, if somebody is convicted of a felony and DENISE C.PHILLIPS, CSR n OFFICIAL COURT REPORTER -t::J-------- ------------- -----------------------2·7-:~m-:E>--:E>-:r-s TR-:teT-eOURT------------------------------ ------------------ 0 n 25 they go to prison and they're in prison for five years and 0-- 1 2 then they're on parole for another ten after that, the D 3 possession has to be within five years of the time they 0 4 5 get off of parole. MR. GRAY: Does that make sense? All right. Judge, my only objection would be n 6 7 there's also the rest of it entails probation as well. MR. CALVERT: Well, it does, Judge -- 0 8 MR. GRAY: Parole and probation. 0 9 MR. CALVERT: Yeah. 10 MR. GRAY: That's the entire definition. ·o 11 MR. CALVERT: It is, Judgei but I'm only 0 12 13 talking about the portions of the law that would be relevant in the case. 0 14 MR. GRAY: Well, then, Judge, I would 15 object -- 0 16 THE COURT: Come on up. -rJ ~-- --. - 17 - ~. ---- MR. GRAY: -- that's a Standifer objection. 18 THE COURT: Come on up here. 0 19 (Bench proceed~ngs:) 0 20 21 THE COURT: about on probation now. Tell me what you're talking What's the law on that? '0 22 MR. GRAY: Well, the way the Penal Code 23 reads, it's five years after discharge from the 0 24 penitentiary or parole or probation. They left out the 0 25 probation part. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 1J - --------------------- --------~------------~-----2-7-2-ND--D-I-£~R-I-G--'T-GGU-R--'T----------~------------------ -------------~-- 0 0 26 D 1 THE COURT: Is he one of those or not? 2 MR. CALVERT: No, he doesn't qualify. 0 3 MR. GRAY: But in commenting on that, I would object under Standifer, Judge, he's basically now 0 4 5 committing the jury panel to the fact that he's either in f] 6 prison, which he isn'ti so, he's on parole. So, we're 7 getting into the facts of the case. 0 8 THE COURT: He's on parole? 0 9 MR. CALVERT: It's an element of the offense 10 that we have to -- I'm going over the elements of the D 11 offense. 0 12 13 THE COURT: release from confinement? Okay. So, you're going under D 14 MR. CALVERT: No, no, no, it's release from 15 confinement, penitentiary or release -- discharge from 0 16 parole. a- 17 THE COURT: Which is applicable in this 18 case? o 19 20 MR. CALVERT: He's still on parole. MR. GRAY: Still on parole. 0 21 THE COURT: How are you prosecuting if he's '0 22 still on parole because that would be five years after? 23 MR. CALVERT: No, no, it has to be within 0 24 while you're still on supervision or -- 0 25 THE COURT: DENISE C.PHILLIPS, CSR Okay. OFFICIAL COURT REPORTER !0------ ----- --··---------------- ---2-7-'2-N-B-B-I-S-T-R-I-G-T-G0l:JRT-------------·----------------- ------- --···-·---·- ----------- 0 0 27 1 (Bench proceedings concluded.) D-- 2 THE COURT: All right. I'm going to O 3 overrule the objection. MR. CALVERT: All right. Let's talk about 0 4 5 what some of these words mean. Possession -- where's my 0 6 chart. 7 Ms. -- I would pick a hard one right up 0 8 front. Is it Galimbertti? 0 9 VENIREPERSON NO. 15: (Nods head.) 10 MR. CALVERT: Did I say that correctly? 0 11 VENIREPERSON NO. 15: Close enough. MR. CALVERT: All right. Close enough Q, 12 13 anyway? 01 14 VENIREPERSON NO. 15: Yes. n 15 16 mean to you? MR. CALVERT: Possession, what does that What does it mean to possess something? ,u-· 17 VENIREPERSON NO. 15: That you have it. 18 MR. CALVERT: That you have it. Okay. 0 :-- 19 Ms. Blair, how about you? What do you g· 20 think? 21 VENIREPERSON NO. 14: In your hands. D 22 23 MR. CALVERT: All right. In your hands. Is it Dr. Schlitter? D 24 VENIREPERSON NO. 13: Yes. 0 25 MR. CALVERT: Dr. Schlitter, what do you DENISE C.PHILLIPS, CSR -·Q . · OFFICIAL COURT REPORTER -------- . ___ --·-·- --------·-----------------2-7-2NB--B-I-S-'I'R-I-e-T-e0l:JRT-----------------·----- -------------------- , I . 28 1 think, that word possession? What does it mean to possess 2 something? 3 VENIREPERSON NO. 13: If you have it under 4 your control. 5 MR. CALVERT: Okay. Under your control. 6 And what -- you were a professor, correct? 7 VENIREPERSON NO. 13: Yes. 8 MR. CALVERT: And what did you teach? 9 VENIREPERSON NO. 13: Biology. 10 MR. CALVERT: Biology? 11 VENIREPERSON NO. 13: Yes. 12 THE COURT: Thank you, ma'am. 13 Ms. Bernal, what do you think? Possession, 14 what does that word mean to you? 15 VENIREPERSON NO. 12: To have something; 16 MR. CALVERT: To have something. All right. 17 Mr. -- is it Slovak? 18 VENIREPERSON NO. 11: Yes. 19 MR. CALVERT: What do you think, sir? \ . 20 VENIREPERSON NO. 11: Well, it doesn't say 21 ownership, so I would think possession means within your 22 control. 23 MR. CALVERT: Okay. Very good. It doesn't 24 say ownership, right? That's exactly right. Okay. 25 Mr. -- is it Dr. Smith? DENISE C.PHILLIPS, CSR " OFFICIAL COURT REPORTER \-- --- --- -- --- -- ----------- -------------;---272ND-DISTRICT-COURT ___________ ---------- ----------- ------------------- l 29 J 1 VENIREPERSON NO. 10: No. 2 THE COURT: Mr. Smith, you're a professor as 3 well, right? 4 VENIREPERSON NO. 10: Yes. 5 MR. CALVERT: What do you teach? 6 VENIREPERSON NO. 10: History, American 7 History. 8 MR. CALVERT: Okay . . What do you think 9 possession means? 10 VENIREPERSON NO .. 10: I would say it's ., nJ• 11 control but not ownership . 12 . ~R. CALVERT: All right. Y'all are exactly 13.- right. Okay. Possession is one of these words that is 14 legally defined in Texas. And the legal definition of ), 15 possession is care, custody, control, like y'all said, or a 16 management. Any one o-f those things. Okay? 17 Now, Ms. Blair, you said in your hand, 18 right? 19 VENIREPERSON NO. 14: Uh-huh. 20 MR. CALVERT: Are you possessing that No. 14 21 right now? 22 VENIREPERSON NO. 14: Yes. 23 MR. CALVERT: Yeah. ·Because it's in your 24 hand, right? 25 VENIREPERSON NO. 14: Uh-huh. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER --------- ---------------------------2?2-ND-nT-STRTCT-COURT ______ --------------- --------------- 30 ~ 1 MR. CALVERT: Is your purse in your hand? J 2 Do you have a purse with you today? 3 VENIRE PERSON NO. 14: I do. 4 MR. CALVERT: Are you possessing that purse 5 right now? J 6 VENIRE PERSON NO. 14: Yes. 7 MR. CALVERT: Why? It's not in your hand? } 8 VENIRE PERSON NO. 14: It's close enough to 9 me. 10 MR. CALVERT: Okay. } 11 VENIRE PERSON NO. 14: It's in my hand in a } 12 split second. 13 MR. CALVERT: Okay. Very good. Is this 14 yours, Will? I walked off with Will's pen. 15 This is -- this is my pen. I stole it from 16 Will. Will you hold that for me? 17 VENIREPERSON NO. 12: Yes. 18 MR. CALVERT: Thank you. I want you to hold :] 1 19 that for me, but don't give it away or anything. I'm 20 going to need it back later. Okay? 21 VENIREPERSON NO. 12: Okay. 22 MR. CALVERT: Okay. Thanks. Just hang on 23 to it for me. 24 Ms. -- is it Nieto? 25 VENIREPERSON NO. 2: Uh-huh. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER }'``- -~--~- ----~-----------~- --2-7-2N-D-D-I-£~-RI~G~-GOUR'I'-~-----``-~------~-~- ----~--- 31 \ 1 MR. CALVERT: Did I say that correctly? j -- 2 VENIREPERSON NO. 2: Yes. ( 3 MR. CALVERT: All right. I just gave her 4 that pen to hold for me, but I'm going to get it back 1 5 later. Okay? ~ 6 VENIREPERSON NO. 2: Okay. 7 MR. CALVERT: Is she possessing that pen } 8 right now? 9 VENIRE PERSON NO. 2 : At the moment, yes. 1 10 MR. CALVERT: Yeah. Why? ~ i 11 VENIRE PERSON NO. 2: Because you gave it to her to hold on to. } 12 13 MR. CALVERT: Yeah. Am I possessing it? } 14 VENIRE PERSON NO. 2: No. 15 MR. CALVERT: Anybody think otherwise? Oh, ~ 16 I see a head nodding back here. Is it Ms. -- help me. ~ 17 VENIREPERSON NO. 42: Ford. 18 MR. CALVERT: Ms. Ford.· Ms . Ford, you're ~ 19 hiding back there, Ms. Ford. You say I am still possessing it. Why? ~ 20 21 VENIREPERSON NO. 42: Because it's yours, ~ 22 and you intend to get it back from her. 23 MR. CALVERT: Yeah. Okay. What do you ~ 24 think about, Mr. Davis? ] 25 VENIREPERSON NO. 41: I think that's DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~---~---------- -----------------------------2-72 ND-DI S'I'-R-IC'I'-COUR'I'----------------~----- -----------~-- J 32 ] 1 correct. 2 MR. CALVERT: You think that's correct. J 3 What do you think is it Mr. Irvin? 4 VENIREPERSON NO. 33: Yes. ] 5 MR. CALVERT: What do you think? They say lu 6 I'm possessing that right now. I'm not even touching it, 7 man. She's got it over there. Why am I possessing it? } 8 What do you think? ~ 9 VENIREPERSON NO. 33: Because you gave her J 10 instructions that it remain in her possession and to J 11 return it to you. 12 MR. CALVERT: Okay. J 13 THE REPORTER: What number are you, sir? J 14 MR. CALVERT: Okay. I'm sorry. Mr. Irvin, 15 No. 33, right? AS opposed to the other Mr. Irvin who was J 16 No. 88. 17 Okay._ Mr. -- let's go down that row. J 18 Mr. Moore, what do you think about that? Am J 19 I possessing that pen? 20 VENIREPERSON NO. 30: You still have it. I J 21 say you still have control and management over it. 22 MR. CALVERT: Okay. Okay. ·J 23 What do you think, Mr. Masterson? ~ 24 VENIREPERSON NO. 35: I think that you are ~ 25 no longer possessing it. DENISE C.PHILLIPS, CSR ~-- OFFICIAL COURT REPORTER · · - - · - --------~------ ----~------222ND-DTS.TRICT-COURT--~--~--------·-- ·---~---- l j 33 l 1 MR. CALVERT: Okay. Tell me why. 2 VENIREPERSON NO. 35: Because she now has 3 the care and management of it until she gives it back to 4 you. 5 MR. CALVERT: All right. What do you think, 6 Ms. -- is it Strickman? 7 VENIREPERSON NO. 36: Steckman. 8 MR. CALVERT: Steckman. I apologize. What l 9 do you think, ma'am? I mean, you're No. 36; is that 10 right? J 11 VENIREPERSON NO. 36: Yes. 12 MR. CALVERT: Okay. J 13 VENIREPERSON NO. 36: The pen would belong 14 to you, but you have no control over it right now because 15 it is in her possession and whatever she does with it, 16 it's her fault. 17 MR. CALVERT: Okay. Let's go forward. 18 Mr. -- is it Mr. Hernandez, No. 19, what do 19 you think, Mr. Hernandez? 20 VENIREPERSON NO. 19: I say she has J 21 possession of it. 22 MR. CALVERT: She does, clearly. Does 23 anybody in here dispute that she has possession? You're 24 not disputing you possess my pen, right? 25 VENIREPERSON NO. 12: No. DENISE C.PHILLIPS, CSR J___________ -------------------0-~-``-~-~A```````` R````;ER _____________ ,________ J 34 1 1 MR. CALVERT: Okay. Don't throw it away or 2 anything. J 3 No question she has possession. But what do ~ 4 you think? Can she possess it and I possess it? Is that 5 possible? What do you think, Mr. Hernandez? Can two ~ 6 people or three people or 20 people possess the same thing 7 at the same time? J VENIREPERSON NO. 19: I would say no. 8 9 MR. CALVERT: You would say no. Okay. What J 10 do you think? Let's go right down that row. What do you J 11 think, Ms. -- you're going to have to help me with this 12 one. J 13 VENIREPERSON NO. 18: Defrancesco. ~ . ' 14 MR. CALVERT: That's exactly what I was 15 going to say. What do you think, Ms. Defrancesco? J 16 VENIREPERSON NO. 18: I don't think you have 17 possession of it. You don't have control over it. J 18 MR. CALVERT: Okay. Yes, sir. What do you J 19 think? Were you holding up your hand? 20 VENIREPERSON NO. 11: Well, I do have a J 21 question about it. ~ 22 MR. CALVERT: Yeah. 23 VENIREPERSON NO. 11: What about the reason 24 for giving it away? Is -- what if the reason for giving ] 25 it away is because I'm not supposed to have it. DENISE C.PHILLIPS, CSR ``..~-~- ---- -----~--````~--~0~.``~-~-``````~-``T````-``E~---~------- 35 J 1 MR. CALVERT: Okay. How does that work? l-- 2 Tell me what you're thinking. Flesh that out for me. J 3 What are you thinking? 4 VENIREPERSON NO. 11: If I'm not supposed to J 5 be in possession of something, so I give it away to l 6 somebody else, I don't have it anymore. 7 MR. CALVERT: This is not a box of Kleenex. J 8 I know it looks like one. But it's not. It's a kilo of 9 cocaine. Okay? I don't want that. Here you take it. J 10 I'm not supposed to have that, right? And you're, like, J 11 wait, no, I don't want that either. I'll take it. 12 I knew what this was, right? Okay. I knew J 13 what this was, and I had this -- you bring up an J 14 interesting point. If you legally, are you in_ 15 possession of something-- let's -- let's do this a little ~ 16 bit different. What your name, ma'am? ~ 17 VENIREPERSON NO. 3: Marilyn Mathis. 18 MR. CALVERT: Marilyn, let's say on a break ~ 19 you leave the courtroom; and you leave your purse. You've 20 got a big red bag down there_. You leave your purse here, J 21 and I take some methamphetamine that we have back there in ~ 22 the evidence deal, and I put it in your purse while you're 23 out there. Okay? You don't know that this has happened. J 24 All right? 25 VENIREPERSON NO. 3: Uh-huh. DENISE C.PHILLIPS, CSR ~---:~--- OFFICIAL COURT REPORTER -------------------- ------·~-------------------2-7-2N-B-DI~STR-I-CT-C0URT--------------------- , J 36 1 1 MR. CALVERT: And you come back in and you l-- 2 leave for the day and take your bag with you. Are you l 3 exercising, custody, control or management over that 4 methamphetamine? J 5 VENIREPERSON NO. 3: Evidently, but that J 6 ain't going to happen. I'm not leaving my purse. 7 MR. CALVERT: Well, a wise policy for sure. ~ J 8 But what do you think? Let's say that happened. Are you 9 in possession of the methamphetamine? J 10 VENIREPERSON NO. 3~ Sadly, yes. J 11 MR. CALVERT: Yeah, you are. Under those 12 circumstances, though, would you be committing a crime? J 13 It is illegal to possess methamphetamine except you have J 14 to know you're possessing it, right? And that kind of 15 gets to what you're talking about, Mr. Slovak, right? J 16 VENIREPERSON NO. 11: Yes. 17 MR. CALVERT: In order to possess something J 18 and it be a crime to possess it, you have to be aware of j 19 your possession of it for a long enough period that you 20 could have terminated your control over it at any point. J 21 For example, if you are ~- you go to get J 22 your keys and you find a little Baggie of meth and you go, 23 "Good Lord, this is a Baggie of meth;" and there's a cop J 24 standing there; and you go, "Officer, I just found this in 25 my bag. I think somebody planted it in here." At that DENISE C.PHILLIPS, CSR L-- ------ ---------~--````````~-````-``T``````-E-R----------------1----------- [} 37 0 1 point, you haven't committed a crime. You actually did 2 exercise care, custody, control or management over the 0 3 meth. Okay? But that wouldn~t have been illegal because 0 4 5 as soon as you knew about it, you're getting rid of it, right? 0 6 Does that make sense? Does that kind of get 7 to what you were talking about? 0 8 VENIREPERSON NO. 11: Well, I'd be 0 9 interested in the question about, well, at what point did 10 someone get possession? 0 11 MR. CALVERT: Sure. 0 12 13 VENIREPERSON NO. 11: they found -- when they knew that they weren't supposed to And did they -- when 0 14 have it, did they take steps to get rid of it? 15 MR. CALVERT: Okay. So, what you're talking 0 16 about is let's say instead of when she discovers the 0 17 methamphetamine finding the nearest officer and going, 18 "Officer, I just found this," she takes it home and says, 0 19 "Look what I found in my purse?" 0 20 21 think? Is that a different scenario? Is she probably committing a crime at that point What do you 0 22 by possessing that methamphetamine? 23 VENIREPERSON NO. 11: I don't know. I'd 0 24 want to hear that argument. 0 25 MR. CALVERT: Okay. DENISE C.PHILLIPS, CSR Well, what do you 0.1 OFFICIAL COURT REPORTER ---- --· -- ----- ---------- --------- ----------------~2-7-2ND--D±£'I'RI-G~--GGUR-'I'-----·----·-- ---~.--------- --···----------- 0 n 38 D- 1 think? Make the argument. What do you think? She's 2 known about it for -- 0 3 VENIREPERSON NO. 11: I don't know all the 0 4 5 details of the circumstances. MR. CALVERT: Okay. 0 6 VENIREPERSON NO. 11: I'd need to know more. 7 MR. CALVERT: Okay. What do you think? Are 0 8 you committing a crime by taking that meth home and 0 9 VENIREPERSON NO. 3: Well, I wouldn't know 10 what it looked like, so I don't know. 0 11 MR. CALVERT: That's good. What do you 0 12 13 think, Mr. Cessna? VENIREPERSON NO. 6: Well, I think that if 0 14 she knowingly possessed it, then she'd be a liability. 15 MR. CALVERT: Okay. Ms. is it Manchi? 0 16 VENIREPERSON NO. 7: Manchi. 0 17 18 MR. CALVERT: what do you think? Manchi. Okay. Ms. Manchi, Do you agree with Mr. Cessna that if 0 19 she knows about it and she continues to possess it, at 20 that point, she's committirrg the offense? Do you agree? 0 21 VENIREPERSON NO. 7: Yes. 0 22 MR. CALVERT: Okay. What do you think, 23 Mr. -- Ms. Welsh? Where are you, Ms. Welsh? There you 0 24 are. 0 25 VENIREPERSON NO. 9: I think whenever DENISE C.PHILLIPS, CSR .0 ---- ----- OFFICIAL COURT REPORTER ---------·-----2-7-2-NE>-El±S'I'-R-I-~-'F-GGUR.!:.F-------------- D 0 39 0- 1 something is knowingly done, then, yes, that's when it 2 ·revolves into a crime. 0 3 MR. CALVERT: Okay. Y'all are right. Y'all 0 4 5 are right. And that's the law. Okay. That's the law. If you are aware of your possession of something for a 0 6 long enough period of time that you could have terminated 7 your control over ·it and you continue to possess it, at 0 8 that point, you're guilty of the offense of possessing, 0 9 whether it's dope or whatever. Does that make sense? 10 Any questions about that? Now, one of the 0 11 cool things about my job is I get to talk to a lot of 0 12 13 folks. that. And a lot of people, say, "You know, Ryan, I get I get what the law is; but for me, personally, I 0 14 couldn't find somebody guilty. I couldn't convict 15 somebody of a felony as a juror unless it's like in their 0 16 hands or on their person," right? "I mean, that's just 0 .17 18 me. I couldn't do it." And a lot of folks feel that way, and 0 19 there's nothing wrong with feeling that way. But who kind of thinks that way? Because there's a lot of people when 0 20 21 they hear the word "possession," they think kind of B 22 like we heard from Ms. Blair, in your hand, in your 23 pocket, in your purse, right? That was the first thought 0 24 that went into your head. 0 25 I mean, how do you feel about that? DENISE C.PHILLIPS, CSR Do you Q_________________________ ·-----0~-``````T~-````T``~-``~-ER----------------~ ------------ 0 40 1 think it's fair to -- that somebody could be convicted of 2 possessing something that literally is not on their 3 person, that's not in their hands? Are you okay with 4 that? 5 VENIREPERSON NO. 14: I think if you do~'t 6 have control at that point, somebody else could have put 7 it somewhere without you knowing it; then, I don't think 8 you should be in trouble for that. Like her, if she 9 wouldn't -- I wouldn't know what it looks like either; but 10 if somebody put it in there and she walked off and then 11 two weeks later she went through her big purse and found 12 it, you know, I don't think she should be the one getting 13 in trouble for it. 14 MR. CALVERT: Okay. What do you think, 15 Ms. -- is it Steckman? Did I say your name right? 16 VENIREPERSON NO. 36: Yes, Steckman. 17 MR. CALVERT: Steckman. Okay. 18 Ms. Steckman, what do you think? Are you okay with the 19 notion that somebody can possess something that is not 20 physically in their hand or on their person? How do you 21 feel about that? 22 VENIREPERSON NO. 36: Oh, definitely. 23 MR. CALVERT: But why? Why do you say that? 24 VENIREPERSON NO. 36: Because he could 25 have -- he or she could have it, like, on -- in the car, DENISE C.PHILLIPS, CSR 0 41 D 1 in their house. 2 MR. CALVERT: Okay. rJ 3 VENIREPERSON NO. 36: And to me, you could 0 4 5 possess it. MR. CALVERT: Okay. Mr. Arias, what do you 0 6 think about that? 7 VENIREPERSON NO. 37: I agree. You can D 8 have -- you know, I have tools in my truck right now. 0 9 10 . They're clearly in my possession. MR. CALVERT: Did -- you drove your truck to 0 11 the courthouse today? 0 12 13 VENIREPERSON NO. 37: MR. CALVERT: Yes, sir. It's parked out in the parking 0 14 lot? 15 VENIREPERSON NO. 37: Yes, sir. 0 16 MR. CALVERT: You didn't bring your tools 0 17 18 into the courtroom, did you? VENIREPERSON NO. 37: No, sir. 0 19 MR. CALVERT: Okay. And you said those 0 20 21 tools, even though they're in your vehicle, they're in your possession, right? 0 22 VENIREPERSON NO. 37: Yes, sir, they are. 23 MR. CALVERT: Why? Why do you think so? 0 24 VENIREPERSON NO. 37: Because they're under 0 25 my care. I can manage those tools. DENISE C.PHILLIPS, CSR -8----- ____ ·--··------------------``-````A~T````~/~-``g``ER ----------·----•--------- 0 0 42 n. 1 MR. CALVERT: Okay. Very good. 2 What do you think about that, Mr. -- let's D 3 keep going down that row. Is it Mr. Pfitzer? 0 4 5 VENIREPERSON NO. 38: with the previous gentleman's statement. Yes, sir. I agree 0 6 MR. CALVERT: Okay. So, you agree that his 7 tools are in his truck. They're not even in the same 0 8 building as him, but he's saying they're still in his 0 9 possession, right? 10 VENIREPERSON NO. 38: They're in his 0 11 vehicle. 0 12 13 with him in being in possession MR. CALVERT: Okay. And you're comfortable saying that he's in 0 14 possession of those even though they're in his vehicle in 15 another part of the 0 16 VENIREPERSON NO. 38: I am. 0 17 18 think? MR. CALVERT: Okay. Ms. Nelson, what do you 0 19 VENIREPERSON NO. 39: I think he put them in 0 20 21 his vehicle. He parked his vehicle. possession, and nobody got him to do it. They're in his 0 22 MR. CALVERT: All right. Mr. Cobos, what do 23 you .think about that? 0 24 VENIREPERSON NO. 16: I agree. 0 25 MR. CALVERT: Okay. Are you comfortable DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -U---- ---- ---------- -----------------------------~- -----------2 72 ND-DTS TRICT-COURT____________ --- -------- -- -- --------- 0 0 43 0 1 with that, that if something's in your vehicle or in your 2 home or something, it's in an area that you control, that 0 3 you are in possession of that? Are you okay with that 0 4 5 notion? VENIREPERSON NO. 16: Uh-huh. 0 6 MR. CALVERT: All right. How about you, 7 Mr. Holt? 0 8 VENIREPERSON NO. 17: Yes, I agree with 0 9 10 that. MR. CALVERT: All right. Ms. -- is it 0 11 Albernaz? Did I say that right? 12 VENIREPERSON NO. 46: Yes. 0 13 MR. CALVERT: All right. What do you think 0 14 about that? 15 VENIREPERSON NO. 46: I agree. 0 16 MR. CALVERT: Who feels the other way? You 0 17 18 know, a lot of folks do. They feel like, couldn't convict somebody of a felony unless "Yeah, I i~'s like on 0 19 them, in their pocket, in their hand." 20 What do you think about that, Ms. Blair? 0 21 VENIREPERSON NO. 14: Well, his tools ·are in 0 22 his truck in the parking garage. What if somebody walks 23 by and drops something in the bed of that pickup truck? 0 24 MR. CALVERT: That's a good 0 25 VENIREPERSON NO. 14: Is he still in -- you DENISE C.PHILLIPS, CSR D- OFFICIAL COURT REPORTER - -~---- ------------ -----------2-7-2N-D-I)-I-S'I'-R-I-G-T-GGUR'I'-- ----------------~- ----~-------~ O rl~J 44 0 1 know, are you in possession then? 2 MR. CALVERT: Well, and again, this is where 0 3 we get into two different things. Is he in possession in 0 4 5 that he has care, custody or control over whatever item you•re talking about? Say it•s a drug, right? Would he 0 6 have care, custody, control or management over those 7 drugs? 0 8 VENIREPERSON NO. 14: Right. fJ 9 MR. CALVERT: Would he? Yes. But would 10 that be a crime? No. And the reason is why? 0 11 VENIREPERSON NO. 8: Because he doesn•t know 12 it. 0 13 MR. CALVERT: Because he doesn•t know it. 0 14 He didn•t know it. Those are two different things. Okay? 15 Those are two different things. Does that make sense? 0 16 VENIREPERSON NO. 14: Uh-huh. 0 17 18 MR. CALVERT: getting that right? Okay. Ms. Galimbertti, am I 0 19 VENIREPERSON NO. 15: Galimbertti. 20 MR. CALVERT: Okay. What do you think about 0 21 that? Are you okay with this notion that you can just 0 22 possess something that is not physically on your person? 23 VENIREPERSON NO. 15: Yes. D 24 MR. CALVERT: Yeah? Dr. Schlitter, how 0 25 about you? Are you okay with that? DENISE C.PHILLIPS, CSR _g ___ - - --~----- ---------``--- OFFICIAL COURT REPORTER ----- ----z7 2ND-DISTRTCT-COURT ____________________ --------- 0 [} 45 VENIREPERSON NO. 13: Yes. 0-- 1 2 MR. CALVERT: How about you, Ms. Bernal? D 3 VENIREPERSON NO. 12: I don't think so. 0 4 5 MR. CALVERT: VENIREPERSON NO. 12: Okay. Talk to me. If it's not on me, 0 6 then I shouldn't claim something that doesn't belong to me 7 or that's -- it could be belong to somebody else. 0 8 MR. CALVERT: That's a good point. It could 0 9 10 belong to somebody else, right? holding for me, that was my pen, right? That pen that you were 0 11 VENIREPERSON NO. 12: Yes. 0 12 13 It was Will's, right? MR. CALVERT: Actually, it wasn't even mine. 0 14 VENIREPERSON NO. 12: That's what I was 15 going to say, also. I mean, it could be a third party's 0 16 item the second party gave to me. 0 17 18 MR. CALVERT: VENIREPERSON NO. 12: Right. So, I -- 0 19 MR. CALVERT: Right. 20 VENIREPERSON NO. 12: -- I can always pass 0 21 the blame to somebody. I wouldn't want to take the blame. 0 22 MR. CALVERT: Okay. But that brings up,~- .t~· 23 good point. Well, let me square this up with you f:i,tst. 0 24 A lot of folks feel exactly like you do, that I j·u,st- don't '·:·; ;.!.•; ·.,. 0 25 think that's fair for somebody to be convicted offa felony DENISE C.PHILLIPS, C~R n OFFICIAL COURT REPORTER tJ·--- ---- ------- ---------------------------- --- --------2/2N-D--DTSTRTCT_:__COURT----c--------------------- ----:--- --------·- 0 0 46 o. 1 for something unless it's like on them, in their pocket or 2 in their hand, right? Is that kind of how you feel? 0 3 VENIREPERSON NO. 12: If it's not mine 0 4 5 legally, if it's not mine, I was just asked to hold it for somebody 0 6 MR. CALVERT: Uh-huh. 7 VENIREPERSON NO. 12: -- I wouldn't want to 0 8 take responsibility for it n 9 10 MR. CALVERT: Well VENIREPERSON NO. 12: -- other than -- 0 11 MR. CALVERT: Well, I understand you not D 12 13 wanting to take responsibility for it. VENIREPERSON NO. 12: Well, I shouldn't be 0 14 having to take the blame. 15 MR. CALVERT: Okay. Okay. Then let's -- 0 16 let's explore that for a minute, and then I'm going to D 17 I've got you, Ms. Blair. 18 What I hear you saying -- and I don't want [I 19 to put words in your mouth, so let's talk about this -- is 0 20 21 just in your mind, you don't think it's fair for somebody to be held responsible for possessing something unless 0 22 they own it, unless it's theirs, right? 23 VENIREPERSON NO. 12: Correct. 0 24 MR. CALVERT: Okay. Okay. And so, in your 0 25 mind, even if the evidence proves that maybe somebody was DENISE C.PHILLIPS, CSR _g -· -- - --- - --------------------````-````~-````~T````:``~- -------------- ----------- 0 0 47 0-. 1 exercising care, custody, control or management over 2 prope~ty, a firearm, righti and they knew they had iti but 0 3 it wasn't theirs, I mean, they didn't own it n 4 5 VENIREPERSON NO. 12: MR. CALVERT: right? Right. In your mind, you [j 6 couldn't convict somebody of a felony under those 7 circumstancesi is that true? 0 8 VENIREPERSON NO. 12: I probably-- I would 0 9 be able to only because it's not me. But if it were 10 somebody else, I could -- I can -- if the evidence were 0 11 proven then, yes, I could. 0 12 13 MR. CALVERT: Okay. Ms. Bernal -- or, I'm sorry, Ms. Blair, what were you going to say? D 14 VENIREPERSON NO. 14: Well, I think the 15 question is access. You know, is it limited access? Is 0 16 it -- if it's not your possession or, at the time, it's in [} 17 my car 1 then I I m t.he only one who could possibly I then I 18 would say, yes, you're in possession. But if there's six 0 19 other people that have keys to that car, then I'm not sure 20 you could establish possession immediately. 0 21 MR .. CALVERT: Okay. Ms. -- let's go 0 22 straight back. Ms. Moore, what do you think about that? 23 Can -- what do you think about the notion, first of all, 0 24 Ms. Moore, that somebody can possess something that's not [J 25 physically on them? Are you okay with that? DENISE C.PHILLIPS, CSR g--------------·--------- -------``~-~-``A~-I-````-~T``````~-~--------------------·- ---------------- 0 0 48 [} . ! __ 1 VENIREPERSON NO. 30: Yes. 2 MR. CALVERT: Okay. Let's take it a step [J 3 further. What about the notion that -- well/ are you B 4 5 married? VENIREPERSON NO. 30: Yes. 0 6 MR. CALVERT: Okay. Do you own a horne? 7 VENIREPERSON NO .. 30: Yes/ sort of. 0 8 MR. CALVERT: Sort of. That's okay. Do you 0 9 have a TV? 10 VENIRE PERSON NO. 30: Yes. 0 11 MR. CALVERT: Is it in your house? 0 12 13 VENIRE PERSON NO. 30: MR. CALVERT: Okay. It should be. Do you possess that TV? 0 14 VENIRE PERSON NO. 30: Yes. 15 MR. CALVERT: Yeah. Why? 0 16 VENIRE PERSON NO. 30: Oh, well 0 17 MR. CALVERT: It's not a trick question. 18 VENIREPERSON NO. 30: I possess it in the 0 19 material sense, but I don't possess what could happen to 20 it because unless you have control of the remote control/ 0 21 that's not possession. B 22 MR. CALVERT: Yes 1 but here's the problem 23 with what you just said. You're the wife; therefore/ you 0 24 always have control. - 0 25 VENIREPERSON NO. 30: DENISE C.PHILLIPS, CSR I'm also a mother/ and fl OFFICIAL COURT REPORTER bJ------ -- ~-·--- ---·-------·-~--------2-:-7-2-ND -Il:ES-':&R-I-G--T-e0URIP---~------------- ---------------- 0 0 49 0 1 I never have control. 2 MR. CALVERT: All right. Would you agree D 3 that your TV is in your house; and because it's in your 4 house, you have control or management over that TV, right? D 5 VENIREPERSON NO. 30: Yes. G 6 MR. CALVERT: Because it's in your house. 7 You didn't bring it with you today, right? 0 8 VENIREPERSON NO. 30: Right, I did not bring 0 9 it with me. 10 MR. CALVERT: Well, I mean, Ms. Moore, are 0 11 you okay with the notion -- are you comfortable saying 12 that you are in possession of the things that are in your D 13 home, like a TV or a refrigerator, things that you know [l 14 about? 15 VENIREPERSON NO. 30: I'm more comfortable 0 16 with the refrigerator. 0 17 MR. CALVERT: Why aren't you comfortable I 18 with the idea of -- do you have a flat screen or a big 0 19 one? 20 VENIREPERSON NO. 30: Yes. D 21 MR. CALVERT: Okay. And you're not 0 22 comfortable saying you possess that? 23 VENIREPERSON NO. 30: No, no, I possess it, 0 24 I just can't control what -- I just can't control what 0 25 comes across it or what people view. DENISE C.PHILLIPS, CSR II OFFICIAL COURT REPORTER tJ------ -- --- -- --------~-~--````-272ND-DISTRTCT-COURT-~--------------- ------------- 0 ll so n. 1 2 of it. MR. CALVERT: I'm not talking about the use 0 3 VENIREPERSON NO. 30: Okay. 0 4 5 of it. MR. CALVERT: I'm not talking about the use I'm talking about the actual item, the TV itself. 0 6 Okay. Is that in your possession? 7 VENIREPERSON NO. 30: Yes. u 8 MR. CALVERT: Yeah. Why? Because it's in 0 9 your house, right? 10 VENIREPERSON NO. 30: Yeah. 0 11 MR. CALVERT: What's your husband doing 0 12 13 today? VENIREPERSON NO. 30: He's at work. 0 14 MR. CALVERT: Is that TV in his possession? 15 VENIREPERSON NO. 30: Yes. 0 16 MR. CALVERT: Yeah. So, what about -- what D 17 18· about that? How can two people or more than two people have possession of the same thing at the same time? 0 19 VENIREPERSON NO. 30: Well for us, I guess, 20 it's because we're in a marriage; and you have mutual D .. 21 possession. 0 22 MR. CALVERT: Sure. Okay. Ms. Carter, what 23 do you think about that? Do you agree that more than one 0 24 person can possess the same thing at the same time? 0 25 You' re No. 29. DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER -H ------ ----27ZND~DISTRICT-COURT-·------~---------- ---··------- 0 51 [J_ _ 1 VENIRE PERSON NO. 29: Yes. 2 MR. CALVERT: Why? Explain to me how that•s D 3 possible. 0 4 5 VENIRE PERSON NO. 29: MR. CALVERT: Okay. We share it. Mr. is it Lavender? Q 6 VENIRE PERSON NO. 28: Yes. 7 MR. CALVERT: What do you think about that? D 8 VENIREPERSON NO. 28: I agree. n 9 10 MR. CALVERT: Why? VENIREPERSON NO. 28: Because more than 0 11 person can have care and control of everything to do with 12 0 13 it. MR. CALVERT: Okay. Ms. Frosch, do you 0 14 agree with that? 15 VENIREPERSON NO. 27: I agree with him. 0 16 MR. CALVERT: Yeah. 0 17 18 VENIREPERSON NO. 27: I agree with what he said because more than one person can have control.or 0 19 management of the things in the home. 20 MR. CALVERT: Okay. Dr. Hash, do you agree 0 21 with that? 0 22 VENIREPERSON NO. 26: Yes. 23 MR. CALVERT: And you•re a physician; is 0 24 that correct? D 25 VENIREPERSON NO. 26: Yes. DENISE C.PHILLIPS, CSR Q___ - - · --·- -----------------~!-~-;``~r~-``-``-T````-````------------ -·--------- 0 0 } 52 1 MR. CALVERT: Let's say that -- let's say, 2 Dr. Hash, that you have -- you ever seen the movie "Scar } 3 Face"? 4 VENIREPERSON NO. 26: Portions of it. 5 MR. CALVERT: Portions of it. Okay. What's 6 it about? Tell me. 7 VENIREPERSON NO. 26: It's about Al Pacino 8 being a gangster, and he was essentially running things up 9 in Miami. 10 MR. CALVERT: Ends up in Miami, not just a 11 gangster but what's his business? Cocaine. Cocaine, 12 right? He's a drug lord. He's a drug lord, right? 13 VENIREPERSON NO. 26: Yes. 14 MR. CALVERT: And he -- by the end of the 15 movie, he's top dog, right? He's sitting in the mansion 16 on Miami Beach. And he is responsible for a cocaine 17 empire, right? Sending out dealers all over the place 18 selling cocaine. 19 Now, let's take cocaine as an example. The 20 guy standing on the street corner, Dr. Hash, slinging, you 21 know, 1 gram bags of cocaine, is that guy in possession of 22 the cocaine that he's selling? 23 VENIREPERSON NO. 26: Yeah. 24 MR. CALVERT: Yeah. What about the guy over ~ 25 him that gave him that cocaine to deal as part of that DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l---- -- ·-------- -~-- --- --·----~---~----- -- -----------272 ND-DISTRI CTTOURT----~----------------- ·-------------~---~ } 53 1 1 same operation? Is he in possession of that cocaine? 1 2 VENIREPERSON NO. 26: Under that definition, } 3 yes. 4 MR. CALVERT: Yeah. Why? 5 VENIREPERSON NO. 26: He controls it. '. } 6 MR. CALVERT: And what about the guy over 7 him, all the way up to Al Pacino sitting in the mansion in } 8 Miami, right? Is Al Pacino, who is not touching the } 9 cocaine, he doesn't even see it, right; but he knows it's 10 there. He's running the operation of it. Is he in 11 possession of the cocaine that his organization is 12 selling? What do you think? 13 VENIREPERSON NO. 26: Under that definition 14 I would say, yes. 15 MR. CALVERT: Yeah. Why? 16 VENIREPERSON NO. 26: He controls the 17 distribution. 18· MR. CALVERT: How do you feel about that? 19 Is that fair? 20 VENIREPERSON NO. 26: That Al Pacino 21 controls the industry? 22 MR: CALVERT: Is that fair that a person who 23 is not physically touching the items possessed, a lot of time doesn't even see them, but can still be held to be in 25 possession of them and legally responsible for them if the ( DENISE C.PHILLIPS, CSR IJ OFFICIAL COURT REPORTER 272ND DISTRICT COURT 54 J } 1 evidence shows that they are in control or they're somehow 2 managing that property or those items? Is that fair in 3 your mind? 4 VENIREPERSON NO. 26: Yes. 5 MR. CALVERT: Okay. What do you think? Is } 6 it Ms. -- help me with your name. 7 VENIREPERSON NO. 25: Miao. 8 MR. CALVERT: Miao. Okay. What do you 9 think about what Dr. Hash said? 10 VENIREPERSON NO. 25: I don't know because I 11 don't know what's the difference between the possess and 12 the ownership. 13 MR. CALVERT: Okay. That's a good question. 14 What's the difference between possession and ownership? 15 What number are you, Ms. Miao? No. 25. Do you own ~hat 16 No. 25? 17 VENIREPERSON NO. 25: No. 18 MR. CALVERT: No. But are you in possession 19 of it? 20 VENIREPERSON NO. 25: Yes. 21 MR. CALVERT: Why? 22 VENIREPERSON NO. 25: Because it's in my 23 hand. 24 MR. CALVERT: Right. That's kind of the 25 difference, okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER - - 27-2ND- DIS~RIG'I' -GOUR'I'-- -- -- 55 1 VENIREPERSON NO. 25: Okay. 2 MR. CALVERT: The Court owns it, right? l 3 VENIREPERSON NO. 25: Yeah. 4 MR. CALVERT: So, let's use Ms. Miao's No. J 5 25 as an example and let's go down that row. :1 j 6 Is it Mr. Mcintyre? 7 VENIREPERSON NO. 24: Right. J 8 MR. CALVERT: Mr. Mcintyre, do you agree 9 with Ms. Miao that she is in control of that 25 or that J 10 No. 25? 11 VENIREPERSON NO. 24: Yes, I do. 12 MR. CALVERT: Yeah. What about Mr. ·Montoya 13 who is in charge of handing those numbers out to y'all and 14 picking them back up at the end of the jury selection? Is 15 Mr. Montoya also in possession of that No. 25? 16 VENIREPERSON NO. 24: I would agree with 17 that. 18 MR. CALVERT: Yeah. Yeah. What about 19 what about Judge Bryan who's in charge of everything in 20 here? This is his world, right? 21 VENIREPERSON NO. 24: Going pack to the 22 example of the drug lord, yes, he's in the control of the 23 courtroom, so everything in here is under him. 24 MR. CALVERT: Are you comfortable with that? 25 VENIREPERSON NO. 24: Yeah. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER "272ND·-DISTRTCT· COURT·· ·· [I 56 D- 1 MR. CALVERT: Okay. Ms. Henry, how about 2 you? What do you think? Do you agree with Mr. Mcintrye? O 3 VENIREPERSON NO. 23: Yes, because of care, 4 kind of like what you have in your house. You put locks, 5 alarms, possession. You take care and do what you can, g 6 whether that means bringing that with you inside, like, 7 you know, people's credit cards, cash, driver's license. 0 8 Well, not your car; but leaving tools or something like 0 9 that, he made the choice to leave it in his truck. it's still in his possession. He took the care and So, 10 0 11 control of doing that. MR. CALVERT: Mr. Parker, what do you think 0 12 13 about that? 0 14 VENIREPERSON NO. 22: I agree. I think he 15 was in possession and control. They're side-by-side. But 0 16 it's like you're talking about the number, yes, the 0 17 possession is her in hand; but it's actually owned by this 18 court system. Now, she has control whether she's going to 0 19 give it back or not; but legally, the Court owns the number. 0 20 21 MR. CALVERT: Right. Mr. Lamb, are you okay 0 22 with that? 23 VENIRE PERSON NO. 21: Yes. 24 MR. CALVERT: Do you think that's a fair way 0 25 of defining possession that you can have multiple people DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER Q - -272ND--rn-STR-ICT -cOURT -- 0 0 57 0 1 being in possession of the same object at the same time? 2 Are you comfortable with that? 0 3 VENIREPERSON NO. 21: Yes. MR. CALVERT: Okay. What do you think, 0 4 5 Mr. Smith? D 6 VENIREPERSON NO. ---10: I agree. 7 MR. CALVERT: Oops. I'm sorry. That was D 8 Mr. Smith. 0 9 10- VENIREPERSON NO. 20: MR. CALVERT: Okay. I agree. Now, some folks, 0 11 though, feel kind of like we talked with Ms. Bernal over 12 here that ownership to them is the most important. That I D 13 just don't think it's fair to convict somebody of a crime 0 14 unless they own the property. Okay. Even if they're 15 holding it, even if they know about it, I don't think 0 16 that's fair. 0 17 18 Who feels that way and says, to me ownership kind of trumps everything? Is there anybody that feels 0 19 that way? Ms. -- who are my quiet ones? Let's go in 20 back. Is it Ms. Heidick? 0 21 VENIREPERSON NO. 49: Yes. D 22 MR. CALVERT: How do ·you feel about that? 23 Do you think that it's fair that somebody could be held 0 24 responsible for possessing something even if they don't 0 25 own it? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~o· - -2-72-ND-ni-STR'TCT~-coURT ___ -- 0 0 58 VENIREPERSON NO. 49: Yes. D- 1 2 MR. CALVERT: Okay. How come? El 3 VENIREPERSON NO. 49: You ,have a bunch of 0 4 5 drugs and you gave them to me, and I possessed them. shouldn't get away because I don't own them. I 0 6 MR. CALVERT: All right. Mr. -- help me, 7 right next door. 0 8 VENIREPERSON NO. 50: Bardenhagen. 0 9 MR. CALVERT: Bardenhagen. What do you 10 think about that, Mr. Bardenhagen? 0 11 VENIREPERSON NO. 50: I agree. 0 12 13 Ms. Good? MR. CALVERT: Okay. How about you, 0 14 VENIREPERSON NO. 51: I agree. 15 MR. CALVERT: Is there anybody that 0 16 disagrees with that? Is there anybody that feels 0 17 differently? Yes, ma'am, help me with your number. 18 No. 54. 0 19 VENIREPERSON NO. 54: 54. 20 MR. CALVERT: No. 54, Ms. Dean. What are Q 21 you thinking, Ms. Dean? 0 22 VENIREPERSON NO. 54: It could be either 23 way. Like in a situation you're living with roommates; 0 24 and a roommate has a controlled substance in their room or 0 25 alcohol, you know, whatever; and you know it's there -- DENISE C.PHILLIPS, CSR n···· OFFICIAL COURT REPORTER -tJ"- - -- --- ------------- - --- ------z72ND-DISTRICT-COURT ________________________________ 0 D 59 MR. CALVERT: Yeah. D- 1 2 VENIREPERSON NO. 54: -- but you're not in o 3 control of it or, you know, in possession; but it's in 0 4 5 your house. MR. CALVERT: Right. What do y'all think 0 6 about that? That's a great example. Let's use that. 7 Let's say you live with somebody, and they have -- we'll 0 8 use drugs because that was the example you used. They 0 9 have drugs. You know they have drugs in your house that 10 you share with them; but you don't own them, right? 0 11 You're not using them, right? That's what you're talking about? 0 12 13 VENIREPERSON NO. 54: (Nods head.) 0 14 MR. CALVERT: What do you think about that, 15 Ms. Welsh? 0 16 VENIREPERSON NO. 9: I was in that same 0 17 position while I was in college. But I felt uncomfortable 18 because I had a roommate that thought that that was okay, D 19 and I didn't agree with their decisions. And, well, if 20 I'm paying rent, it's my property whatever. Well, I don't 0 21 want to be in a place where I'm around stuff like that. 0 22 So, I can agree with that. The fact that I had no control 23 of that other than the fact that I got stuck with this 0 24 girl who thought that it was okay to do drugs. 0 25 But, no, 'like if the cops were to come in, I DENISE C.PHILLIPS, CSR n -tj --· -- OFFICIAL COURT REPORTER -- ----- -------- --------------- ------------ ___________________ 2_7.2Nn-·-or·sTRI-CT- ·c-OURT ________ . -~---~--- ----------------~------------------------------------- u .I 0 60 would get in trouble. I would not have agreed that it was D- 1 2 under my possession, too, because I didn't use them. They O 3 weren't in my room. They weren't 0 4 5 MR. CALVERT: Yeah. And in the house example, you could get into a whole lot of really fJ 6 specific -- I mean, you could change that around a whole 7 bunch of different ways, like whose room was it in or 0 8 whose stuff was it in, right? There's a million different 0 9 little variables you could change in there. 10 But let's -- let's do it this way. What if, 0 11 like you said, it's your place. It's your house, and you 12 0 13 know it's there. You know it's there. VENIREPERSON NO. 9: Right. 0 14 MR. CALVERT: And you just choose to kind of 15 ignore it. It's not yours. You don't own it. You're not 0 16 using it. You know it's in your house; but, you know, you 0 17 18 kind of turn a blind eye and say, of that. " "I don't want any part 0 19 VENIREPERSON NO. 9: Right. 20 MR. CALVERT: "I'm just going to" -- 0 21 VENIREPERSON NO. 9: Which isn't probably 0 22 the right thing to do; but as an 18-year-old, at the time, 23 you don't really -- I don't· know. You don't -- I didn't 0 24 want to be a part of that. 0 25 MR. CALVERT: Absolutely. DENISE C.PHILLIPS, CSR No, I understand. n ·t:J--~- ``--~ OFFICIAL COURT REPORTER -- -------~-- ~-----·-----~---·-272ND-DTSTRrCT-COURT·-----·---------- - - -- D 0 61 Q,,_ 1 VENIREPERSON NO. 9: I didn't want to get in 2 trouble by ratting out my roommate and all that; and so, I 0 3 don't know. I could understand how seeing it that way. o· 4 5 MR. CALVERT: Mr. Smith, what do you think about that? Sure. Now, and Mr. -- No. 10, Legally -- and 0 6 not to pick on you, Ms. Welsh -- 7 VENIREPERSON NO. 9: That's fine. 0 8 MR. CALVERT: But legally, in that scenario 0 9 where she knows there's dope in the house, okay? She 10 doesn't own it. She's not using it, but she knows it's I 0 11 there. It's her house. Legally, is she in possession of 12 that -- of those drugs? 0 13 VENIREPERSON NO. 10: No. 0 14 MR. CALVERT: Okay. Why not? 15 VENIREPERSON NO. 10: She's not exercising D 16 control over it. She has knowledge, but no control. She 0 17 has a moral obligation but not a legal obligation. 18 MR. CALVERT: Okay. Who disagrees with 0 19 that? What do you think? 20 VENIREPERSON NO. 5: I disagree. I think 8 21 she's in possession. 0 22 MR. CALVERT: Why? 23 VENIREPERSON NO. 5: Because she has the 0 24 ability to -- 0 25 MR. CALVERT: You're Mr. Kelling, No. 5. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0---- --· ------ -~-------~----------- ----- ----------- ____ ~-----272ND--DISTRICT C6URT~----------- ----------- ------~ ----------------- D 62 1 VENIREPERSON NO. 5: Sorry. She has the 2 ability to manage the situation by either leaving the 3 situation or having the people and the items removed from 4 the house. 5 MR. CALVERT: Okay. Yes, ma'am, all the way J 6 back in the back, Ms. Hudspeth, No. 60. What do you 7 think? J 8 VENIREPERSON NO. 60: I agree. 9 MR. CALVERT: All right. You agree with 10 what Mr. Kelling said? Okay. Who else feels that way?_ 11 All right. Mr. Cessna, you said you feel 12 that way, and Mr. Parker and Mr. Pfitzer. What do you 13 think about that, Mr. Pfitzer? 14 VENIREPERSON NO. 38: I agree with that, 15 yes. If under the circumstances, one could do something, 16 they are in control. 17 MR. CALVERT: Okay. All right. 18 VENIREPERSON NO. 11: Could I add something? 19 MR. CALVERT: Absolutely. 20 VENIREPERSON NO. 11: Technically, you could 21 say someone's in possession of it, but I think the law 22 allows the jury and the Judge a range of punishment for 23 circumstances. 24 MR. CALVERT: Well done, Mr. Slovak. ] 25 Absolutely. Say that a little bit louder. The law allows DENISE C.PHILLIPS, CSR ~-- OFFICIAL COURT REPORTER - --272NIY-rH-STRTCT---COURT _______ --------------------- ·----- --------------- ] n ,_j 63 0--- 1 a range of? 2 VENIREPERSON NO. 11: Punishment. u 3 MR. CALVERT: Punishment, right? Absolutely. And you're correct about that. [J 4 5 Why is that important? In your mind, what 0 6 made you say that? What made you think about that? 7 VENIREPERSON NO. 11: Well, because I think 0 8 there's different levels of guilt. 0 10 9 MR. CALVERT: Yeah. You're right about that. Okay. You're absolutely 100 percent right about 0 11 that. 0 12 13 works. Okay. And what you said is exactly how the law There are three phases in any jury trial. 0 14 You're in the first one right now, jury selection. Or as 15 the Judge correctly pointed out, jury deselection. Okay? 0 16 The next phase is the guilty/not guilty 0 17 phase. In the guilt phase, the only issue -- the only 18 question in front of the jury is did the State prove that? 0 19 Yes or no, period, the end. Okay. At the guilt phase, 20 that is the only question that the jury has to answer is: 0 21 Did Ryan and Will prove each one of these elements beyond 0 22 a reasonable doubt? 23 And if the answer is yes, they jury is 0 24 required to come back with what verdict? 0 25 VENIREPERSONS: Guilty. DENISE C.PHILLIPS, CSR -0--·- --- ------ ·~ -- -------------- "---- ---``-``````T``~-``T``~g:~ER______ --------- ----- -·---- ------- -- ~--------- / 0 0 64 1 MR. CALVERT: Guilty. And if the answer is 2 no to any one of these, the jury is required to come back 0 3 not guilty. Is everybody with me? 0 4 5 VENIREPERSONS: MR. CALVERT: Uh-huh. Once a guilty verdict has been 0 6 reached, then we get into what phase, Mr. Slovak? 7 VENIREPERSON NO. 11: Punishment. 0 8 MR. CALVERT: Punishment. Okay. And you're 0 9 correct in that the law builds in punishment ranges, big 10 punishment ranges, specifically for that reason. So, that 0 11 level -- you know, degrees of guilt or degrees of 0 12 13 culpability, I guess we'll say, can be properly addressed as far as the punishment. Does that make sense? Does 0 14 that make sense to everybody? 15 Now, in this particular case -- in all 0 16 criminal cases prior.to the time that we get here to this 0 17 part of the trial, the person on trial has to make an 18 election, a choice. In the event I'm convicted, in the 0 19 event that I'm found guilty, I want either the jury or the 20 Judge to assess my punishment. All right? 0 21 Now, in this particular case, Mr. Greer has 0 22 opted for the Judge. S~, the jury's job in this case will 23 only be this right here (indicating). Okay? It will only ·o 24 be guilt. And the Judge will be handling punishment. 0· 25 Does everybody does that make sense? DENISE C.PHILLIPS, CSR Is everybod~ okay Q~- .. - -- -. --- - -- OFFICIAL COURT REPORTER ------------------z72Nn--DTSTRICT- COURT_______ - -- - ---- -------- ~--------------------------------------------------~--~ ·0 0 65 with that? D- 1 2 Is there anybody that says, "I don't think B 3 that's right. I think if the jury's doing guilt, I think 4 the jury should get to do punishment"? 0 5 All right. Getting back to what we were 0 6 talking about a minute ago, is there anybody here kind of 7 in line with the discussion that we were having, that 0 8 says, "You know, Ryan, if I look deep down in the depths [J 9 of my soul and I'm honest with myself, I could not pull 10 the trigger and find somebody guilty of a felony unless 0 11 they ~- it was their property that they owned"? Ms. Welsh, is that how you feel? 0 12 13 VENIREPERSON NO. 9: Yeah, I don't -- either 0 14 side of it, I feel sick to my stomach having to send 15 somebody anywhere. Q 16 MR. CALVERT: I understand. I understand. 0 17 And I appreciate that. A lot of folks feel that way. And 18 that's what I was talking about earlier. They just feel 0 19 like, "Ryan, unless you own it, I couldn't do that." A 20 lot folks feel that way, and there's nothing wrong with 0 21 that. 0 22 Yes, ma'am, No. 42, Ms. Ford? 23 VENIREPERSON NO. 42: Yes, sir. 0 24 MR. CALVERT: Is that how you feel? D 25 VENIREPERSON NO. 42: DENISE C.PHILLIPS, CSR No, I would have OFFICIAL COURT REPORTER Q- - - -- - --- · --- ---- ----- ---- - -- -- -- - - 2'72NB-DIS!F-R-IG!F---G0U-RT-- ------------ --- -------------- 0 n 66 o. 1 2 trouble ~- I can see a scenario where someone who was told they couldn't have a gun for a certain period of time and B 3 they found a friend or a family member who would keep that [] 4 well away from ~hem where they would have no access or \;\/ 5 anything like that, and -- and it was still in their -- 0 6 technically, I guess, in their possession, but in someone 7 else's and looked after -- 0 8 MR. CALVERT: Right. D 9 VENIREPERSON NO. 42: -- and nothing was 10 done, that person could legally hold that gun for them. 0 11 MR. CALVERT: Yeah. That's not what we're 0 12 13 talking about here. In that scenario that you're addressing, that actually happens; and that does exist. D 14 And there are certain types of offenses, domestic 15 violence, for example, that you can't have a gun for a 0 16 period of time. But that's -- that's a very good point, 0 17 18 but that's not really what we're discussing in terms of this discussion. Does that make sense? We're talking 0 19 about -- anybody else that agrees with Ms. Welsh that says, "Unless it's like your property that you're using, 0 20 21 that you -- that you own, I can't find you guilty of a 0 22 felony"? Who else feels that way? 23 All right. Ms. Welsh, I appreciate that. 0 24 VENIREPERSON NO. 9: Sorry. 0 25 MR. CALVERT: No, you don't need to DENISE C.PHILLIPS, CSR ~-~ OFFICIAL COURT REPORTER tJ- ··- ··- -- - ----------- ------------------------272-ND--D-I-STRI-CT--COURT---- - ------- -------- -- -- -- · 0 0 67 0 1 apologize. That's exactly-- you did exactly what you're 2 supposed to do. That's exactly -- look at this point in B 3 time, y'all might have noticed when y'all came in here, 0 4 5 the very first thing y'all did was you took an oath to what? 0 6 VENIREPERSONS: To be honest. 7 MR. CALVERT: To be honest, right. You 0 8 might have noticed you did not take an oath to follow the [} 9 law. And that's one of the really, really cool things 10 about our system, is there's a reason you haven't taken an 0 11 oath to follow the law because you don't have to at this 0 12 13 point, right? your opinions. All you've got to do is be honest about We're allowed to disagree. That's what's 8 14 so neat about this. 15 But we have to have that discussion now 0 16 because the 12 of you that wind up over here, the very 0 17 first thing that you'll do once you wind up over here is 18 you're going to take a different oath. And that is to 0 19 render a true verdict based on the law and the evidence in 20 this case. Q 21 And so, we can't have it be once you get 0'' 22 over here, you go, "Yeah, I don't think I could follow 23 that law." Too late at that point. So, we have to figure 0 24 that out now. All right? 0 25 So, you did exactly the right thing. DENISE C.PHILLIPS, CSR I Q-·-· OFFICIAL COURT REPORTER ··-- ·- ----·------------ ---- ------- ·-·-272ND-IHSTRreT-··e<:mRT--- ----·---·-·-- -- -·-··--------- --·-··· · -· ··········· ··- ~] L 0 68 0 1 appreciate that. Mr. Holt, you're orie of my quiet ones. How 2 0 3 do you feel about that? And you're No. 17. 0 4 5 VENIREPERSON NO. 17: MR. CALVERT: Yes. Are you okay with what we were 0 6 talking about, that somebody could not own something and 7 not even physically be in possession; but they can still 0 8 be in possession of it? Are you okay with that? [l 9 VENIREPERSON NO. 17: Yes. 10 MR. CALVERT: Okay. Ms. Defrancesco, did I 0 11 get .that right? 0 12 13 VENIREPERSON NO. 18: MR. CALVERT: All right. Yes. How do you feel 0 14 about that? 15 VENIREPERSON NO. 18: I think it's -- 0 16 there's a lot of gray areas, and it's very circumstantial. n u 17 MR. CALVERT: Okay. 18 VENIREPERSON NO. 18: Like going back to the [J 19 scenario with the tools, he's in possession of his tools. 20 MR. CALVERT: Yep. 0 21 VENIREPERSON NO. 18: He owns those tools, u 22 but if somebody comes and steals something out of his 23 truck and uses it to break into somebody else's car or hit 0 24 somebody over the head, he should not be responsible at 0 25 that point. DENISE C.PHILLIPS, CSR 0 OFFICIAL COURT REPORTER - ---2-7-2N:O---DI-S-'FR-±·G!F-~G-G·UR-T---·- ------------·-·-----·---------------------- ------- ---------------- --------· --- ---- 0 [l 69 0 1 MR. CALVERT: VENIREPERSON NO. 18: He's not. Great. But going back 2 0 3 to he's in possession of his possessions. 0 4 5 MR. CALVERT: tools, but that's like saying -- you know, He's in possession of the I'm in 0 6 possession of my gun; but if you steal my gun and you 7 murder Mr. Hernandez with it, I'm not guilty of murder, 0 8 right? I'm just not. I'm not guilty of anything. You're [] 9 guilty of murder, right, because you shot him; but I'm 10 not. Does that make sense? 0 11 VENIREPERSON NO. 18: Uh-huh. 12 MR. CALVERT: Okay. Mr. Hernandez, how do fl u 13 you feel about that? Are you okay as a juror finding 0 14 somebody in possession of something that they don't 15 necessarily own? 0 16 VENIREPERSON NO. 19: I agree. 0 17 18 MR. CALVERT: VENIRE PERSON NO. 19: Are you okay with it? Yes. n 19 MR. CALVERT: Okay. Mr. Watson, in the back 20 row, how do you feel about that, sir? 0 21 VENIRE PERSON NO. 48: The same. 0 22 MR. CALVERT: All right. 47, Mr. Everett, 23 are you okay with that? B 24 VENIREPERSON NO. 47: I'm wondering if· they [] 25 know that they have it -- DENISE C.PHILLIPS, CSR /l OFFICIAL COURT REPORTER -``~- __ -----~- _ -~-------------------- --------~---~-----------27.2ND-DISTRICT-COURT-~- o 70 1 MR. CALVERT: That's the key. You have to 2 know you have it. Okay. You have to -- for something to 8 3 be a crime, you have to know you have it. All right. Does that make sense? And that's part of what has to be B 4 5 proven by Ryan and Will. Does that make sense? [J 6 VENIREPERSON NO. 48: If they know they have 7 it, then they are in possession. 0 8 MR. CALVERT: All right. Let me ask you [] 9 this, Mr. Watson. That brings up a good point. Let's 10 just say-- and we've been talking about drugs. Let's [} 11 let's keep talking about drugs. 12 Let's say I have some cocaine; and you know 0 13 I have some cocaine, right? And I say, "Mr. Watson, can 0 14 you take me down to the grocery sore for a minute?" And 15 you're like, "Yeah, come on." And you let me in your car 0 16 knowing I have cocaine. Am I in possession of the cocaine 0 17 18 that's in my pocket? VENIREPERSON NO. 48: Uh-huh. 0 19 MR. CALVERT: Absolutely. Is he in 20 possession at that point of the cocaine that's in my 0 21 pocket? 0 22 VENIREPERSON NO. 22: If he knows it's in 23 your pocket 0 24 MR. CALVERT: Yeah, he knows. He knows. 0 25 VENIREPERSON NO. 22: DENISE C.PHILLIPS, CSR Then, yes, he's in r-,. OFFICIAL COURT REPORTER -lJ -- . -- ------------------- 2 7-2N-D --D-I-5-T-R-I-C-T--CO-U-R.T- ------ -- ------- ---- ------------- --- ----- --- ----- 0 0 71 0 1 possession. MR. CALVERT: Everybody comfortable with 2 [] 3 that? 0 4 5 VENIREPERSONS: MR. CALVERT: Uh-huh. So, does that make sense to [] 6 you, Mr. Watson? 7 VENIREPERSON NO. 47: Everett. [] MR. CALVERT: Oh, you're Mr. Everett. I'm 8 0 9 sorry. Mr. Everett. Are you okay with that, Mr. Everett? 10 VENIREPERSON NO. 47: (Nods head. ) 0 11 MR. CALVERT: I apologize. Okay. Let's talk about this -- any other 0 12 13 questions about possession before we move on to something 0 14 else?. Is there anybody else sitting there right now 15 talking about -- or thinking about possession going, "I 0 16 just don't think that's fair. I don't think that's a fair 0 17 definition, Ryani and I couldn't find somebody guilty of 18 the felony offense under that definition." Speak now or 0 19 forever hold your peace. 20 All right. Let's talk about this one for a 0 21 minute. Normally, during the guilt phase of a trial, a 0 22 jury is not going to get to know anything, one way or the 23 other, about whether a defendant has any criminal history. D 24 But this is one of the offenses where the jury -- it is an u 25 element of the offense. It's something that we have to DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .0---- ------- ---- - - - - ------ ---- ------- ---- ----2-7-2-ND--D I-S'F-R-1-G--T-GGURT---------------- --·- -----·-- u 0 72 o. I 1 2 prove ~hat the person who's on tiial is a convicted felon. Okay? We have to prove that. 0 3 It's kind of like if -- y'all have heard of the offense failure to register as a sex offender, right? 0 4 5 Well, Element No. 1, we have to prove the person on trial 0 6 is what, a sex offender, right? 7 How many of y'all when you walked in here, 0 8 you're kind of eyeballing us up here and trying to figure [l 9 out who everybody is? Were y'all doing that? Yeah. 10 . And once the Judge said it was a criminal 0 11 case, how many of y'all were trying to, you know, figure out who the defendant was; and you h~d the thought to D 12 13 yourself, "I wonder what that. guy did, " ri,ght? That's 0 14 perfectly natural. It's a human response. The~e's 15 nothing wrong with that. 0 16 But here's the thing you've always got to 0 17 18 keep in mind. And y'all told me.this earlier. as Mr. Greer sits here right now, he is presumed? So, now, 0 19 VENIREPERSONS: Innocent. MR. CALVERT: Innocent, right? And so, with 0 20 21 regards to having been convicted of a felony, let's -- how D 22 many of y'all -- everybody drive? How many of y'all 23 speed? I do. B 24 Let's say you're driving on Monday, and you 0 25 get a speeding ticket, and you're completely good for it DENISE C.PHILLIPS, CSR \l OFFICIAL COURT REPORTER ·U ·- - ···----·-- ---- ··--·-·· ---------- --·-------·--- ·-··----·- -2-7-2ND--D-IS'I'R-I-C'I'--COUR-T----···-------- -· ----- --· ----- --- ··-- -------------·· 0 n -DrSTRTCT-COl:JRT- -- -- --- -~ ~ ~- - ~-- ~ - ~-- ---- } [l 102 [] 1 VENIREPERSON NO. 1: I guess they felt 2 threatened because he was upset, and they felt he was 0 3 argumentative. 0 4 5 MR. CALVERT: VENIREPERSON NO. 1: I understand. I knew he didn't think '[} 6 he was doing any wrong. 7 MR. CALVERT: I understand. I'm asking for 0 8 your opinion. Do you think the police were fair in what 0 9 10 they did? VENIREPERSON NO. 1: Well, at the time, I 0 11 didn't think they needed to tase him; and I was wanting 0 12 13 them to let me try to talk to him to calm him down; but they wanted me to stand back. And it was just a hard time [) 14 at that time. 15 MR. CALVERT: I understand. And then, with 0 16 respect to the fact that our office prosecuted your son, 0 17 18 is that something that you feel like is going to be a factor in your mind in hearing this case given the fact 0 19 that we're the same agency that prosecuted your son? 0 20 21 VENIREPERSON NO. 1: think so because I would look at this like a different I would hopefully not· 0 22 thing of someone else. It's just -- he had mental issues, 23 mood disorder bipolar, but not on any medicine; and he had 0 24 an argument his with girlfriend. [l 25 MR. CALVERT: I understand. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0------ ----------- ---- '-- ---------·- ------------ --2-9--2 ND -DrS TR:-I-C:T-- -C:OURT---------- -- ----------------- ----------------------- 0 n '\.-' . 103 1 VENIREPERSON NO. 1: They did what they 2 thought was best at the time. 3 MR. CALVERT: I understand. And ultimately, 0 4 5 the one question that we have to know from you is: you would you be able to treat police officers the same Can [J 6 as any other witness? 7 VENIREPERSON NO. 1: Yes, I would treat them 0 8 with respect and listen impartially. [} 9 MR. CALVERT: Okay. And could you -- are 10 you coming in here -- am I coming in here as a prosecutor 0 11 in Brazos County at a disadvantage in your mind because of 0 12 13 the fact that we prosecuted your. son? VENIREPERSON NO. 1: No, you would not be. 0 14 MR. CALVERT: All right. Thank you. That's 15 all I have. D 16 VENIREPERSON NO. 1: I just wanted to say 0 17 18 what happened. THE COURT: Thank you. You can take your 0 19 break now. VENIREPERSON NO. Okay. 0 20 21 THE COURT: 1: Stay with us. 0 22 (Venireperson No. 1 retired to hallway.) 23 THE COURT: No. 5. 0 24 MR. CALVERT: Earl, we'll stipulate on this D 25 guy. He was pretty clear. DENISE C.PHILLIPS, CSR f( OFFICIAL COURT REPORTER -h/~- - - - --- ----------- --------·-----·---···--- -2·9-2-ND--BI-STRTCT-CC::>URT----~ --------·---- ------------ ··· -····-····-- ---- 0 n 104 o. 1 MR. GRAY: What's that? 2 MR. CALVERT: No. 5, we'll stipulate on him. 0 3 He was pretty clear. 0 4 5 MR. GRAY: THE COURT: Okay. You agreeable? n 6 7 MR. GRAY: THE COURT: Yeah, t_hat's fine, No. 5, for the record is excused Judge. 0 8 for cause. [1 9 (Venireperson No. 5 excused for cause.) 10 THE COURT: No. 17. n 11 THE BAILIFF: Do you want me to tell that to u 12 13 No. 5? THE COURT: Yes, No. 5 is excused. He can 0 14 leave the courthouse. 15 No. 17. tJ 16 (Venireperson No. 17, Michael Lee Holt, at D 17 18 bench.) THE COURT: Hello, Mr. Holt, how are you 0 19 today, sir? 20 VENIREPERSON NO. 17: I'm doing good. Thank 0 21 you. 0 22 THE COURT: There was something you wanted 23 to bring up privately? 0 24 VENIREPERSON NO. 17: Yes. 0 25 THE COURT: More privately, anyway. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER D--- --- --- - --- ------ - ----2-7-2-NB-B-I-S!f-R-I·G.o:I'---eGURT------------------- ------ ----- ------- --- - - -------- [J 0 105 0 1 VENIREPERSON NO. 17: Yes. Well, the 2 question was whether I'd had a bad experience or -- with 0 3 law enforcement, and I've had three. 4 THE COURT: Okay. G 5 VENIREPERSON NO. 17: And all of them were '0 6 when I was younger. n 7 8 THE COURT: VENIREPERSON NO. 17: All right. When I was a teenager [} •/ 9 and going to college at Tarleton State University, and I 10 was going through a little town called Dublin. We had to n 11 go through Dublin to get to Proctor where the dance hall [} 12 was. And I had two other friends with me, and I had a 13 pickup. I had loud pipes on it, and the police officer 0 14 stopped me outside of the city limits. He and his deputy 15 asked us to step out of the car. He said leave it 'Q 16 running. He got in and floorboarded my truck, and 0 17 18 THE COURT: In the interest of time, we may need to get the details on this later; but let me just 0 19 jump cut to the chase on this. Are those three 20 incidents, are any one of them going to render you in any 0 21 way unfair to the State in this case? u 22 23 VENIREPERSON NO. 17: THE COURT: I don't think so. Are you holding any bad feelings 0 24 about that against law enforcement? 0 25 VENIREPERSON NO. 17: DENISE C.PHILLIPS, CSR No, I think I'm a f'( OFFICIAL COURT REPORTER -l::::f--------------------- ----------------~-----------------2-7-2-NB--DTSTR-I-CT-C0URT--------------------------------------------------- o 106 1 pretty good judge of characteri but I will have to say 2 that every time I get stopped, which is not very often, I 3 flinch a little bit because I never know what I'm goipg to } 4 get. 5 THE COURT: I understand. And you mentioned } 6 that you had a few problems with the Fifth Amendment, as I 7 recall -- no J 8 VENIREPERSON NO. 17: No. 9 THE COURT: -- the prior conviction, that 10 you might hold that against him on the guilt/innocence 11 issue of the case on trial? 12 VENIREPERSON NO. 17: It would -- 13 THE COURT: Can you assure me that you would 14 not let that influence you in the guilt or decision? 15 VENIREPERSON NO. 17: I think it would 16 depend on how it was presented. For example, I mean, I 17 know what the law is saying, that he's innocent until 18 proven guilty. 19 MR. GRAY: We'll agree. l 20 THE COURT: Do we have an agreement? u 21 MR. CALVERT: We do. J 22 THE COURT: We're going to excuse you for 23 cause, sir. Mr. Holt, you're free to leave the 24 courthouse. You do not have to return. Thank you very 25 much. .J DENISE C.PHILLIPS, CSR J-- -- ----- ~- ----- -------- -- - - ----- --~-~-``````I-``-``~T``````ER__ --- ---·--------- -- ---------- ·--- J I 107 J r. 1 VENIREPERSON NO. 17: Thank you. 2 {Venireperson No. 17 excused by agreement.) \ 3 THE COURT: No. 22. 4 MR. GRAY: Which one was that? 5 THE REPORTER: 17. 1 6 THE COURT: Mr. Holt, No. 17. 7 {Venireperson No. 22, Brent Keith Parker, at 1 8 bench.) 9 THE COURT: Mr. Parker. 10 VENIREPERSON NO. 22: How are you? 11 THE COURT: How are you, sir? 12 VENIREPERSON NO. 22: Fine. 1 13 THE COURT: The prosecutor may have some ) 14 questions for you right now. 15 MR. CALVERT: I don't, Judge. 16 THE COURT: Do you have any questions? 17 MR. GRAY: Yes. It's Mr. Parker; is that 18 right? 19 VENIREPERSON NO. 22: Yes. ') 20 MR. GRAY: Okay. Whenever the prosecutor J 21 had gone through the Fifth Amendment rights, I believe you ~ l 22 had indicated that you had some tendency to want the 23 defendant to testify -- 24 VENIREPERSON NO. 22: Yes. 25 MR. 'GRAY: -~ for whatever. Is that still DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER r. --- -- ---- - --- --------------------------------2 7·2ND--niSTR-r-cT---coURT·--------------------··------- -------------------- l 108 1 your position? 2 VENIREPERSON NO. 22: That's always been my 3 position. 0· 4 5 in way -- MR. GRAY: Would that affect your decision D 6 VENIREPERSON NO. 22: Yes, it will. 7 THE COURT: I'm going to excuse you for [l 8 cause. You're free to leave the courthouse. You do not o· 9 have to return. 10 VENIREPERSON NO. 22: That's just always 0 11 been one of my pet peeves. 0 12 13 your candor. THE COURT: I understand. Thank you for 0 14 MR. CALVERT: Thank you, Mr. Parker. 15 (Venireperson No. 22 excused for cause.) 0 16 THE COURT: No. 24. 0 17 18 bench.) (Venireperson No. 24, David P. Mcintyre, at 0 19 THE COURT: How are you doing, Mr. Mcintyre? 20 0 21 VENIREPERSON NO. 24: THE COURT: I'm fine. Pretty good. Back to -- and, And you? 0 22 again, I don't have any problem with your feelings. I 23 just need to know how you feel. All right? 0 24 VENIREPERSON NO. 24: I understand. 0 25 THE COURT: That you would have trouble not DENISE C.PHILLIPS, CSR _Q ___ ------ ------------_______o:~-~-~-````-````~T````:``R ____________ ---------- 0' 0 109 D-. 1 holding the prior conviction against him on the question 2 of guilt or innocence on this case. D 3 VENIREPERSON NO. 24: I'm not going to say 0 4 5 it won't affect me. I mean, again, it gets back, if it were a felony that were not related to this case, I' think 0 6 the bearing would be less. I'm just trying -- I want to 7 be honest to him, and I want to be honest to both sides. [l 8 I still feel like if I heard the facts, I could still make 0 9 a honest conviction on the facts. 10 THE COURT: But I need to understand that 0 11 you can assure me that it would not affect you on the 0 12 13 decision. Now, you're going to be asked to find 0 14 whether he was convicted or not. 15 VENIREPERSON NO. 24: Correct. D 16 THE COURT: If you find that he was 0 17 convicted, is that going to influence you on the decision 18 of the actual case itself? [J 19 VENIREPERSON NO. 24: I think I could make 0 20 21 myself do that. THE COURT: Okay. Do you have any 0 22 questions? 23 MR. CALVERT: No, sir. 0 24 THE COURT: Do you have any questions? 0 . 25 MR. GRAY: Just a couple. DENISE C.PHILLIPS, CSR Q_._.·__ ---· -------·----·----0-~·~·~-;``~:r-~·````T````-``-ER______________ 0 } 110 l THE COURT: Go ahead, sir. 1 l- . 2 MR. GRAY: I notice that you said that you J 3 could "make an honest conviction." I don't know if that was a Freudian slip or -- } 4 5 VENIREPERSON NO. 24: Well, an honest 'l lJ 6 decision maybe should be the correct one. J'---~----7- -·----····--··-·-------- MR. GRAY: Okay. And it ' s -- and I 8 understand we can't get into the facts just like the 9 prosecutor said. 10 VENIREPERSON NO. 24: I understand that, 11 too. 12 MR. GRAY: But if it would affect your 13 ability in any way to serve on this jury, then we need to 14 know about that. 15 VENIREPERSON NO. 24: Correct. 16 MR. GRAY: so, you would not hold it against 17 him whatsoever if they first proved beyond a reasonable 18 doubt he's been convicted? You would not then let that go 19 into your thinking as to the possession? 20. VENIREPERSON NO. 24: Yes, sir. 21 MR. GRAY: That's correct? 22 VENIREPERSON NO. 24: I mean, I understand 23 because a lot of time you work with people that don't 24 necessarily -- you have to separate the action. Kind of 25 like with your kids sometimes, you separate actions. DENISE C.PHILLIPS, CSR l. ,- -- · -- ·----- OFFICIAL COURT REPORTER -----·-------------------------2 72ND-D-:r-STR-I-cT--COURT----·----------·· -------- ··---------·------ ~ 111 J ..., . I 1 MR. GRAY: Absolutely. l- 2 THE COURT: Thank you for your candor. Step J 3 outside, and you can go ahead and take your break. ~ 4 (Venireperson No. 24 retired to hallway.) u 5 THE COURT: No. 30. 'j u 6 MR. CALVERT: What was her issue, Judge? 7 THE COURT: Failure to testify. J 8 MR. CALVERT: Earl, I'll agree if you'll ~ 9 agree. 10 MR. GRAY: Yes. That's good. ~ 11 THE COURT: No. 30 is excused by agreement ~ II 12 for cause. !J 13 (Venireperson No. 30, Sharon Alice Moorer at 0u 14 bench.) 15 THE COURT: Madam, the parties have agreed ~ 16 to excuse you. You're free to leave the courthouse. You u~ 17 do not have to return. You're Juror No. 30i is that 18 correct? ll u 19 VENIREPERSON NO. 30: Right. 20 ~ THE COURT: Thank you very much. l, 21 VENIREPERSON NO. 30: I thought I had R 0' 22 questions to answer. 23 (Venireperson No. 30 excused by agreement.) ~ 24 THE COURT: No. 48. 57 is so far back. Do n 25 you want to just agree on that one? u DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~---- - ----- --~---------~------~------z-7:2-ND--IJI-STR-I-eT--CCH:JRT---------~----- ----------- J 112 MR. CALVERT: Yes, sir. J. 1 2 MR. GRAY: Yes, sir. J 3 THE COURT: 57 is excused. ~ 4 {Venireperson No. 57 excused by agreement.) ~ 5 THE COURT: Can we agree on 53? ~ II u 6 MR. CALVERT: I was about to say, Judge, 53, 7 also. ~ 8 THE COURT: 53 is excused for cause. n \· 9 {Venireperson No. 53 excused by agreement.) a ·• 10 THE COURT: Ernie, you can go ahead and !l llJ 11 excuse for cause Juror No. 53 and Juror No. ·57. Those are ~ 12 agreed upon. 13 {Venireperson No. 48, Jeffrey Matt Watson, ~-j 14 at bench.) 15 THE COURT: Come on up, sir. How are you? ~ 16 Mr. Watson? ~ 17 VENIREPERSON NO. 48: Yes, sir. 18 THE COURT: You had an issue you wanted to ~ 19 bring up to us a little more in a private ·setting, right? il 20 VENIREPERSON NO. 48: Yes, sir. I wanted to u 21 let y'all know that I had an arrest for DWI about 15, 16 ~ 22 years ago. I just wanted to let y'all know. 23 THE COURT: That's a misdemeanor. It ~ 24 doesn't legally ?isqualify you to serve as a juror. ~ 25 Do you have any questions? DENISE C.PHILLIPS, CSR ~--------------- __________________o~!````~r````~T````-:~E~--------------------- ------------ 113 1 MR. CALVERT: Do you feel like you were 2 treated fairly by the police? 3 VENIREPERSON'NO. 48: I do, yes. 4 MR. CALVERT: And by the D~A. 's Office or 5 the County Attorney's Office? J 6 VENIREPERSON NO. 48: Yes. 7 MR. CALVERT: Okay. Is there anything about J 8 that case that would play any role in your decision in 9 this case? 10 VENIREPERSON NO. 48: No, not at all. n u 11 MR. CALVERT: That_'s all I have, Judge. 12 THE COURT: All right. Stay with us. Go 13 ahead and take the rest of your break. 14 (Venireperson No. 48 retired to hallway.} 15 THE COURT: So, we have agreed, for the 16 record, on 4, 5, 17, 22, 30, 53 and 57. 17 MR. CALVERT: And I don't know if we were on 18 the record earlier, 31 as well, Judge. Ms. Frederick, was 19 gone before we started. 20 THE COURT: Yes, 31 is Ms. Frederick. 31 is 21 excused. 22 All right. Y'all take a five-minute break, 23 and we'll get started again. 24 MR. GRAY: Yes, sir. 25 MR. CALVERT: Yes, sir. DENISE C.PHILLIPS, CSR ~---- ----- ----~----------------``-~-~-````1-``~-``T````:``~--------------- - - - - - - - - - - 114 J 1 (Short recess.) 2 THE COURT: You ready? 3 MR. GRAY: Yes, sir. 4 THE COURT: Bring them in, Ernie. 5 (Venire panel reseated.) 6 THE COURT: Y'all notice we've got a few 7 empty chairs. We've excused some of the jurors during the 8 break after we talked to them. Here are the jurors that 9 have been excused so far, that there should be an empty 10 chair, but there should be no other empty chairs: No. 4, 11 No. 5, No. 17, No. 22, No. 30, No. 31, No. 53, and No. 57. 12 Other than those, do any of you see a vacant chair that 13 shouldn't be vacant? J 14 All right. I believe we've got everybody, 15 then. Let me ask you, the court reporter has requested J 16 that y'all keep your voices up. She's having a little 17 trouble hearing a couple of you, so keep your voice up if J 18 you would, please. J 19 (Venireperson No. 30 excused by agreement.) 20 THE COURT: Go ahead, sir. 21 MR. GRAY: Thank you, Judge. 22 VOIR DIRE EXAMINATION BY MR. GRAY 23 MR. GRAY: Well, I apologize if you're not 24 one of those empty chairs. I'll see what we can do. 25 The prosecutor has already introduced me. I DENISE C.PHILLIPS, CSR ~ I OFFICIAL COURT REPORTER ,--- -·---- ·------------·----- -272ND-IJ-ISTR-rCT-COURT---------~--- ---------- l 115 J_ 1 want to tell you a little bit more about myself. My name 2 is Earl Gray. I'm with Gray, Granberry and Jones. We 3 specialize in criminal cases. We do some select injury 4 cases, but primarily we do criminal law. 5 Actually, I was raised in the Brenham area, 6 went to Texas A&M University, graduated and then went to 7 Regent University Law School. That's in Virginia Beach, 8 Virginia. Has anybody heard of the "700 Club" or "Pat 9 Robertson?" It's his school. Okay. 10 Just as the prosecutor indicated, at this 11 point, if you had to take a vote, what would it be? 12 VENIREPERSONS: Not guilty. 13 MR. GRAY: Not guilty. Because at this 14 point, he's only accused. Okay. David Greer is only 15 accused. This is the first time we've had an opportunity 16 to test the evidence in the case. Okay. 17 Let me ask you this -- and I'm going to do 18 my very best to get you out of here by lunch. Okay. So, 19 I'm going to speed up on some things, but I don't want to 20 rush over things that are important as well. 21 Who .out there would rather be somewhere 22 else? 23 (Show of hands.) 24 MR. GRAY: I probably shouldn't raise my ~ hand because this is what I do for a living. But we're 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~--~ - - - - - - - - - - --- --- ---2-7-2-ND-BI-ST-RI-C-T-GG:U-R-T-~------------· ------------- --- - - - - - - ~------------------------------------------------------~ 1 116 1 going to get you out of here as soon as we can today. 2 And if you are selected, we don't anticipate 3 this is going to be a very long trial. As the Judge 4 indicated and the Prosecution, you know, Wednesday, maybe 5 Thursday. So, a day, day and a half is probably about it. 6 Okay. 7 As the prosecutor also indicated, you're J 8 only decision is going to be guilt/innocent. You're not 9 going to have to be around -- stick around for any of the 10 punishment phase, if we get there. Okay? 11 Now, after the Prosecution's voir dire, who 12 out there, though -- you need to be honest with 13 yourself ~- who out there believes that Mr. Greer has been 14 convicted of a felony? All that talk about a felony 15 conviction. Anybody? 16 VENIREPERSON NO. 11: Well, I would make the 17 assumption I was making the assumption that the case 18 would not have been brought up had that not been the 19 foundation already established. 20 MR. GRAY: Okay. And I'm not going to pick 21 directly on you-all -- and I don't fault the Prosecution. J 22 I think it's just kind of the way it sort of went. But 23 does everybody understand that there's 'been no evidence ~ 24 that's he's been convicted of any felony? Does everybody 25 understand that? 'l . DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l --- ·- -----·-- -·---------'------------2-7-2ND-D-IBTR-I-CT-C0URT------------------- --·--- ------- 1 0 117 0- 1 Does everybody also understand that's an 2 element of the offense? Okay. And so, if they do not 0 3 prove beyond a reasonable doubt that the person is 0 4 5 convicted of a felony -- of a felony, what must your verdict be? 0 6 VENIREPERSON NO. 8: Not guilty. 7 VENIREPERSONS: Not guilty. 0 8 MR. GRAY: That's even before we get to D 9 possession stuff. Does everybody understand that? 10 Anybody have any problem with that? 0 11 VENIREPERSONS: No. B 12 13 MR. GRAY: All right. Okay. I want to talk a little bit 0 14 about the burden of proof. I use this chart, and I'll 15 kind of point to I don't want to step on the 0 16 Prosecutor. It's sort of a gradation. You know, we don't 0 17 have a definition anymore for beyond a reasonable doubt. 18 The court system has said that -- and the cases have said 0 19 that we're going to leave it up to you guys to decide what 20 that level of proof is. So, about all we can do is 0 21 compare it to other things. Okay? 0 22 At the very bottom, of course, no evidence. 23 That's a pretty easy one, right? If they bring no 0 24 evidence, what does the verdict have to be? Not guilty 0 25 obviously. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0----- ---·· ----------------------:--2-7-2 NB--DI-S'I'R-I-eT-e0URT--------------------- ----------------- D 0 118 0- : 1 2 Scintilla, you hear that in legal case law, that's any amount of evidence. G 3 Reasonable suspicion, that's a higher level 0 4 5 of proof. That's enough -- that's what an officer needs to stop a vehicle, talk to you, things of that nature. 0 6 Probable cause. Probable cause is a level 7 of proof that an officer needs to arrest a person. Okay. [J 8 Doesn't need beyond a reasonable doubt. Doesn't even need 0 9 a preponderance. Okay. But they do have to have probable 10 cause. Okay. 0 11 But does an arrest equate to a guilty 8 12 13 verdict in a jury trial? VENIREPERSONS: No. 0 14 MR. GRAY: It doesn't. And can you see u 15 16 you know, arrested. sometimes, you know, an individual may be For example, in DWis, this happens sometimes. 0 17 A person is arrested. They go to jail. Then, we have a 18 jury trial. Okay? Maybe the person is found guilty. 0 19 Maybe they're acquitted. But at that point, isn't the 20 focus a little bit different on the streets? 0 21 Wouldn't we want the level of proof in a DWI 0 22 to be beyond a reasonable doubt before you could arrest 23 somebody? No, we wouldn't. We want to get th~m off the B 24 streets, right? We want to ~rr on the side of caution. 0 25 Does everybody see that? Okay. DENISE C.PHILLIPS, CSR _Q_ --·--- -- - ----·---· _____________<:;``````1-````~T``:~-````---------- ----------- 0 119 1 But I just want to make sure you see the 2 distinction between those. 3 Preponderance, that's the level of proof 4 that you have to have in a civil case. What level of 5 proof is that, anybody? 6 VENIREPERSON NO. 11: The greater weight of 7 the evidence. 8 MR. GRAY: The greater weight of the 9 evidence sounds like what? 10 VENIREPERSON NO. 11: 51 percent. 11 MR. GRAY: 51 percent or more likely than 12 not. Okay. Millions of dollars in verdicts awarded every 13 month in this United States of ours under that level of 14 proof, that 51 percent. r: 15 16 see in CPS cases. Clear and convincing, that's a standard you That's a level of proof that's r: 17 18 necessary for basically the government to take away your child. Obviously, a higher level of proof. That is ~i 19 defined as a firm belief that the allegations are true. 20 Well, that's pretty convincing, isn't it? A firm belief 21 that the allegations are true? Is that enough? It's not. 22 What does the level of proof have to be? 23 VENIREPERSON NO. 9: Beyond a reasonable 24 doubt. 25 MR. GRAY: Beyond a reasonable doubt. Okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER · - - ·- --- -- · -- -- ·· ---·--- ··-·-··· --2-7·2ND··-DrSTR-ICT--COURT·-C - 0 121 0 1 got her a set that automatically turned off. 2 But do you see how you might have had that 0 3 hesitation in your mind? She had that hesitation. It's a B 4 5 hesitation I'm talking about. to, Okay. It's a hesitation as "Hmmm, I wonder if I know at that level of proof 0 6 beyond a reasonable doubt that the person committed the 7 offense." Okay? It's that hesitation I'm talking about. 0 8 And does that go to each and every element or to some of 0 9 the elements? 10 VENIREPERSON NO. 11: All of them. 0 11 MR. GRAY: All of them, okay. And that's 0 12 13 why I wanted to make that distinction between the felpny part. That's an element. You cannot go in assuming that 0 14 anyone has been convicted of a felony. You have to assume 15 that they have not been. Does everybody agree to do that? 0 16 VENIREPERSONS: (Nods heads.) 0 17 MR. GRAY: Okay. And then, the other 18 elements, it's the same standard. Okay. 0 19 So, at the end of the day, if you think he 20 may have done, is that enough? 0 21 VENIREPERSONS: No. [j 22 MR. GRAY: May have done it? 23 VENIREPERSONS: No. 8 24 MR. GRAY: How about probably did it? 0 25 VENIREPERSONS: No. DENISE C.PHILLIPS, CSR 0"~:- - --- -------------------------0--c``-~-````I-~-````T R!!````-R ----------·--- --------------- 0 0 122 0 1 MR. GRAY: Probably is the preponderance. 2 Even a firm belief that the allegations are true, is that n 3 enough? 0 4 5 VENIREPERSONS: MR. GRAY: No. No. This is critically important 0 6 stuff. And I said this to the last jury I picked. If I 7 could just get 12 people, the first 12 that will agree to 0 8 follow that rule, I'm fine. That's how important that is. 0 9 My concern is that it sounds all great in 10 theory; and then, we get back there; and we don't follow 0 11 that rule. Okay? We have to know about that now because 12 once you get in this box, okay, it's too late. Okay. 0 13 You're going to be sworn as the prosecutor said, to take 0 14 an oath to follow the law. 15 And can you see the problems? You know, 0 16 without hurting your conscience, are you going to be able 0 17 18 to do that if you can't follow the law. have problems. You're going to And then, what's the possibility that 0 19 could occur if you can't come to a decision one way or the 20 other? What happens? It's a mistrial; and then what do 0 21 we have to do? We have to do the whole thing over again. 0 22 23 So, you know, I'm not trying to convince you to come up with reasons to get off this jury. If you want 0 24 to be on here, we want you on here. But if there's an 0 25 issue that we need to know about, then you need to tell us DENISE C.PHILLIPS, CSR 0. - - OFFICIAL COURT REPORTER --------- ~---- -----------· --------------2-7-2ND-DI STRI-C-T-COURT--- ----------- -------------- 0 0 123 0-. 1 now. And at the end, I'll give you that option to raise 2 your hand if there's something that we missed. fl 3 Okay. All right. Any fans of the "Andy Griffin Show." 0 4 5 (Show of hands. ) 0 6 MR. GRAY: Let's say this is a DWI case. 7 And we try a fair number of alcohol cases -- go figure, 0 8 right, in a college town. That's a lot of our clients 0 10 9 that hire us. Let's say that they prove beyond a reasonable doubt the elements. Person was driving. They 0 11 were intoxicated. They were falling down drunk, above a 12 .OBi but they didn't prove -- they left out the element of 0 13 in a public place -- has to be in a public place. 0 14 What would your verdict be if they didn't 15 prove that one element? D 16 VENIREPERSONS: Not guilty. 0 ' 17 MR. GRAY: Not guilty. But what if he's 18 like the town drunk. Who's the town drunk in Andy 0 19 Griffin? 20 VENIREPERSONS: Otis. 0 21 MR. GRAY: Otis. Barney was probably_my 0 22 favorite character, and that's what I like about it. 23 Black and white television. So, let's say if it was Otis. 0 24 Otis is the town drunk. For those of y'all who don't know 0 25 the show, he would actually sleep in a cell. DENISE C.PHILLIPS, CSR He'd let l) . OFFICIAL COURT REPORTER 1:j- --· ·-- ---· -· ____:._ __ _:_·-------------------2-7-2NI~-B~-S-'I'-R-I·G-'F--GOUR-'I'~---_:_ _________________ - - - - - · c · - - - - - · u 0 124 0 1 himself into the cell and sleep it off and wake up the 2 next day. 0 3 So, let's say this guy is drunker than Otis, 0 4 5 falling down drunk; but they didn't prove that one element in a public place. Would your verdict still be not 0 6 guilty? 7 VENIREPERSON$: Yes. 0 8 MR. GRAY: But what if this is his twentieth 0 9 DWI and this guy is going to kill somebody, same decision? 10 Does it make any differenc~whether it's a traffic ticket 0 11 or murder? No. Ironically, y~sterday I had a traffic 0 12 13 ticket set at the same time-that I had a murder case set. I sent one of our partners, Dan, to take care of the 0 14 ticket case;· and I took care of the murder case. 15 But the level of proof is the same in both. 0 16 Does everybody see that? Okay. These Constitutional . 0 '• . 17 rights are imp·ortant for everybody, okay; for any crime. 18 Does everybody see that? Okay. 0 19 All right. And, you k~ow, if you are 20 selected as a juror, you know, I want you to stay back 0 21 there as long as it takes t6 come to the right decision, rJ 22 whate~er that may be. Okay? If your decision -- if 23 you're convinced beyond a reasonable doubt as to all the 0 24 elements, what is your duty? 0 25 VENIREPERSONS: Guilty. DENISE C.PHILLIPS, CSR _Q ________ -----------,---------``-``````1``~-~-~T``````-ER______________,_____ 0 0 125 0- 1 MR. GRAY: You•re duty bound to convict, 2 guilty. 0 3 On the same accord, if one of the elements are not proven beyond a reasonable doubt, what•s your 0 4 5 oath; or what do you have to do? 0 6 VENIREPERSONS: Not guilty. 7 MR. GRAY: Not guilty. Okay. And that•s rJ 8 why I say stay back there as long as it takes. 0 9 Something magical happens right about 5:00 10 p.m. in jury trials. It•s interesting. What could that 0 11 be? Why do we have so many jury verdicts at 5:00 and 12 5:05? Any ideas? 0 13 VERNIREPERSON NO. 6: Folks want to go horne. 0 14 MR. GRAY: Yeah, we•ve got to go horne. 15 That•s what we call a compromised verdict, right? Would 1J 16 that make you a little sus~i~ious a little bit, right? 0 17 18 Okay: Maybe it•s just a coincidental timing. I don•t know, but the long arid short of it is I just want you to 0 19 stay back there as long as you want. 20 The Prosecutor did a really good job I think 0 21 on the Fifth Amendment, going through that. And you 0 22 notice the seats. Some of the folks are excused because 23 of that issue. I just want to make sure we didn•t miss 0 24 anybody. Dbes anybody out there that we may have missed 0 25 on the Fifth Amendment feel that if they do not hear from DENISE C.PHILLIPS, CSR -Q-------------~ -------------------````-~-``~T````~T~-``````~-------------- - - - - - - - - - - 0 n 126 Q_ 1 Mr. Greer, they would hold that against him in any way? 2 It would enter into your judgment as to gtiilt or innocence 0 3 in any way, even 1 percent? Anybody? 0 4 5 Okay. He gave a few examples of why a person would not -- might not want to testify. One of 0 6 them I found interesting was maybe on the advice of u 7 8 counsel. Okay. I tried a case, it was a public 0 9 intoxication by a guy by the name Doug Supernaw was the 10 defendant. Does anybody know who Doug is? He's a country 0 11 western singer. He was actually really bi~ in his time, 0 12 13 but he's had some pioblems since, and he's been in the media a lot. 0 14 We were trying the case down at the 15 municipal court; and he was going to testify, every 0 16 anticipation he was going to testify. There was news 0 17. media there and cameras, the reason I believe because he 18 was going testify. I was actually going to have him sing 0 19 the song that he said he was singing. That's why he had 0 20 21 that breach of the peace, and he was arrested. did not end up doing that. Okay. He did not testify, and it was I 0 22 because I did not believe the State had proven their case 23 beyond a reasonable doubt. Okay. 0 24 And so, can you see how that may be a 0 25 strategic decision. I can assure you he wanted to DENISE C.PHILLIPS, CSR _g ________ OFFICIAL COURT REPORTER ----·-------------------272ND--DTSTRTCT-COURT _____________ --------- D n 127 D- 1 testify. Doug loves to talk to the media, and he would 2 have loved to sing. I can tell you that. It would have O 3 been intere~ting. It would have been fun. But I didn't think they had proven their case beyond a reasonable 0 4 5 doubt. 0 6 So, can everybody see how that may be a 7 strategy. Okay. And just like the Prosecutor alluded to, [] 8 you know, what's the No. 1 fear outside of the IRS, I 0 9 guess? VENIREPERSON NO. 1: Might self-incriminate 10 0 11 yourself. 12 MR. GRAY: Yeah. Public speaking,· right? 0 13 Does anybody want to stand up here and do this? No. As· 0 14 the Prosecutor alluded to, even if you're called on, .that 15 makes you feel maybe a little bit uncomfortable. I'm done D 16 with that, right? I'm not in school anymore. Okay. And· 0 17 18 so, that's why we leave you that option i£ you want to talk up there at the bench. We can visit with you. Okay. 0 19 Let's talk about witnesses. I anticipate 20 there's going to be a few witnesses. I don't think it's [] ------- 0 22 But let me ask you this. I have to ask some of these in 23 very specific wording because that's how the case law or 0 24 the law instructs me to ask these. Okay? 0 25 Would anyone automatically disbelieve a DENISE C.PHILLIPS, CSR _g_________ -------------------``~-``-````-````~T````-````----------------- -------------- 0 n 128 [) 1 witness because they had been convicted of a crime if they 2 testified? Automatically disbelief a witness because they 0 3 hadbeen convicted of a crime? Anyone? Can a person who has been convicted of a D 4 5 crime still tell the truth? 0 6 VENIREPERSONS: (Nods heads.) - MR. -GRAY: ---Yeah--;- -Now-;- once they take· the [] 8 stand and they start testifying, obviously, you can make 0 9 your own decision as to credibility. And who makes 10 while we're on that, who makes that decision as to whether 0 11 somebody's telling the truth or not? Is it the Prosecutor, me, the Judge? Who makes that call? 0 12 13 VENIREPERSONS: The jury. D 14 MR. GRAY: Yeah, the jury does. Okay. We 15 don't make that call. You guys decide whether an D 16 individual is telling the truth or not. If something just 0 17 18 didn't make sense, why would that be? telling the truth. Okay. Maybe they're not 0 19 I mean, I'd like to think that everyone that 20 takes the oath would tell the truth, right? Wouldn't it 0 21 be a wonderful world? Does that always happen? 0 22 VENIREPERSONS: No. 23 MR. GRAY: No, it doesn't. Okay.- 0 24 All right. We talked a little bit -- I 0 25 think we've talked some on law enforcement, so I won't DENISE C.PHILLIPS, CSR r~l OFFICIAL COURT REPORTER 1::}----- - ------ -~- ``-~---------~---------``2 '7-QN-B --B-I-S'I'-RI e'J'~-eoURT-------~---------------------- ---------------------- 0 0 129 0- 1 spend a lot of time on that. But let me ask you this one 2 question. Again, I have to ask it in a specific way. 0 3 Who believes that a police officer, if 0 4 5 called to the witness stand, would always tell the truth? Who out there believes a police officer who's called to 0 6 the stand, takes the oath, would always tell the truth? -7- -sometime·s -I -get none:·-- Sometimes· I_- get ·a- lot [] 8 on this one. 0 9 Anybody? On the first row, believe a police 10 officer would always tell the truth? 0 11 Second row? Even Mr. Smith, you're a 0 12 13 security, right? VENIREPERSON NO. 20: Right. I would say 0 14 no, that's not necessaiily they would all tell the truth. 15 MR. GRAY: Okay. Does the government make 0 16 mistakes sometimes? 0 17 18 VENIREPERSON NO. 20: MR. GRAY: Absolutely.· So, would you wait until you 0 19 heard all the testimony? Would that be fair to say? 20 0 21 Okay. Would everybody agree with that? VENIREPERSONS: (Nods heads.) 0 22 --MR. GRAY: All right. We've already really 23 covered the felony conviction, so I'm not going to go back 0 24 ovei that. I do want to talk a little bit about the [J 25 possession and the ownership. DENISE C.PHILLIPS, CSR _g_:________ ~--------------------------0~!~-~-````-````~T``~-````-R______________ -------~---- 0 D 13 0 [J 1 The Prosecution spent a lot of time on 2 possession. I think they did a great job; and so, I'm not f] 3 going to spend a whole lot more time. I may sort of flesh 0 4 5 out some of the same things with y'all. One, we had a lot of talk about ownership. 0 6 Does everybody understand ownership, that does not equate 7 to possession? 0 8 VENIREPERSONS: (Nods heads. ) 0 9 10 MR. GRAY: Okay. I can own something. can own this, hand it to you; and you willfully take it. I 0 11 Are you now in possession of it? 12 VENIREPERSON NO. 12: Yes. 0 13 MR. GRAY: Yes. Otherwise, how would we 0 14 ever -- how would they prosecute drug cases? It's 15 manufactured, right? It's distributed; and then, it goes 0 16 from big amounts into smaller amounts where you have the u 17 18 street dealers .. Okay. Does everybody see that, that the street 0 19 dealer, he may not own the narcotics, right? He_may be ·o 20 21 holding it for a higher a higher up; but do you see how that person is still in possession of it? Does anybody 22 got any problems with that? 23 VENIREPERSONS: No. 24 MR. GRAY: Okay. Ownership does not equate 25 to possession. Okay. We had the house example, which I DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER . ' SJ------- ------ ---------------------------2 7 2ND--nr-sTRTCT-COlJRT ______________________ ---------------- 0 131 1 think was real good. I think ii was -- was it, Ms. Welsh? 2 You had some issues or some problems with a roommate; is 3 that right? 4 VENIREPERSON NO. 9: Uh-huh. Yes, sir. 5 MR. GRAY: Okay. There's a lot of marijuana 6 in this community. More so than I guarantee you most of 7 you folks would ever want to know. I know, they know, 8 because we prosecute and defend these kinds of cases. 9 Okay. So, that's a common deal in college-type 10 situations, and I've had people that have even had prior 11 convictions have gone straight and what are their 12 roommates doing? They're still continuing· to smoke 13 marijuana or use marijuana. And that is a problem. 14 But it falls down io the facts of the case, 15 right? Just like the Prosecutor :said, it would be one 16 thing if ~he marijuana was in an open area, right? It was 17 on the dining room table. Everybody had access to it. 18 Could you see how multiple people might be in possession 19 of it? Okay. 20 What if it was hidd~n in the roommate's 21 closet in her purse? Could you see how the other roommate ' 22 would not have possession of that? Does that make sense? 23 Okay. 24 What if, though, the other roommate knew 25 about it? Is that enough? Knew the other person had the r-------- DENISE C.PHILLIPS, CSR ---------------------0~-~-``~A~I````~T R``g:~ER ___________________ 0 132 n u 1 marijuana in their purse in their closet, is that enough? 2 No. Okay. You have to knowingly possess it. Okay. D -I·' 3 Juror No. 10, Mr. Smith? 0 4 5 VENIREPERSON NO. 10: MR. GRAY: Yes, sir. Reach under your chair for me, if 0 6 you could, all the way back. Okay. You've got to keep 7 going. Anything back there? 0 8 VENIREPERSON NO. 10: If I can get to it. u n 9 10 MR. GRAY: All right. VENIREPERSON NO. 10: What is that? Either a kilo of 0 11 cocaine or a box of Kleenex. 0 12 13 MR. GRAY: That was the same kilo of cocaine or box that was sitting right up here. Well, come on now. 0 14 Y'all saw him sit it here. Didn't you wonder where it :o 15 16 went? down? Didn't you check under your chair before you sat D 17 18 VENIREPERSON NO. 10: MR. GRAY: No. Kind of set him up. I made sure 0 19 it wasn't any of the females because you put your purse under there, and you might have saw it. But does 0 20 21 everybody see the point I'm trying to make? Do you always 0 22 know necessarily what's in your house or what's in your 23 car if others have used it? Who out there has kids that 0 24 drive? 0 25 (Show of hands . ) DENISE C.PHILLIPS, CSR -8-----~-- ----------------~0-~-``````T``~-~-~T``-~g``-E_R______________ ---------- u 0 133 n. _ 1 sometimes? MR. GRAY: Do they use your vehicle Each time when they get home do you check 2 p .,:;J 3 their vehicle? No? Some folks might. So, can you be 0 4 5 assured if you then take the victim to go fill it up with gas that you know every single belonging in there? No. 0 6 Okay. So, does it -- does it depend on the 7 facts? Okay. We don't get to talk about the facts here, 0 8 but I can assure you that's all we're going to be talking 0 9 about, or that's most of what we're going to be talking 10 about in a criminal case. Okay. So, you will get to hear 0 11 all that. All right. 0 12 13 Objections. All right. Talked about credibility. If either side feels that the other side is 0 14 not playing by the rules or it's not going the proper 15 predicate or something of that nature, then we can object. 0 16 You've seen that on TV shows or whatnot. 0 17 18 You know, it's something that we have to do. Both sides have to do that. Is that anything that you [} 19 would -- I apologize. I know it's distracting, and we'll 20 try to keep it to a minimum, but is that anything that any :o 21 ' of you-all would hold against me and even more importantly 0 22 against my client, Mr. Greer? Anybody? 23 Do you understand why that's something that D 24 I would have to do? Okay. You know, if you were on -- if 0 25 you were the accused, would you want your lawyer to DENISE C.PHILLIPS, CSR Q~------- ----------~--``-~-````~-I-````-~T````:``-------·---11~------- 0 n L_. 134 [l- __) 1 object? Of course. 2 All right. Let's talk a little bit about n 3 technicalities. Let's say that we have a burglary of a 4 home, and they allege in the indictment -- does everybody D 5 know what an indictment is? I teach criminal procedure at 0 6 Blinn to some legal assistants/ and we're going through 7 informations and indictments. 0 8 An indictment is basically a piece of paper. 0 9 10 It's pink. It's the formal charging instrument that the State uses to charge an individual with a crime. The 0 11 State of Texas -- not all states -- but in the State of 12 Texas, you have a right to an indictment on any felony 0 13 case. Okay. It spells out those elements that they have 0 14 to prove. Okay. 15 Let's say in the indictment, that this is 0 16 the burglary of a habitation, burglary of a home case; and 0 17 18 they allege that the person broke into this home; and they stole a VCR. That's what the indictment says. 0 19 They get their witnesses. They come in. 20 The police officer testifies. The owner of the home 0 21 testifies, and he testifies that, yeah, something was 0 22 stolen. It was my DVD player. Then they rest. 23 Now, have they proven beyond a reasonable 8 24 doubt the person broke into the house and stole a VCR? 0 25 VENIREPERSONS: No. DENISE C.PHILLIPS, CSR lr -; . --~----·~ OFFICIAL COURT REPORTER ~--~-----``~--~----2-7-2ND--D-I-£'I'-R.I-C-'I'-GOU.RT``~--~----~--~--- ------- 0 n 135 0 1 MR. GRAY: So, what would the verdict have 2 to be? [] 3 VENIREPERSON NO. 11: Not guilty. Isn't that 0 4 5 MR. GRAY: just a technicality? Not guilty. Isn't that lawyering? Okay. I mean, they 0 6 still broke into the house, right? Why not just convict 7 ~he guy? Because the big stuff they proved, right? They 0 8 proved he broke into a house. So, do we really care what 0 9 10 he stole? stuff? Is that a technicality, or is that important 0 11 Upstairs in the 36lst I was trying a case. I think it was two years ago, and the Judge said -- I 0 12 13 think he had heard it from another lawyer -- "that those 0 14 technicalities," he said, "I call those the Bill of 15 Rights." Okay. So, are they technicalities? Yeah, but 0 1.6 they're a big deal. Does everybody see that? 0' 17 VENIREPERSONS: Yeah. 18 MR. GRAY: Okay. You know, if we start this h u 19 sliding slope; and we don't take this oath seriously; and [J 20 21 we dori't hold the State to the burden, I mean, what's next, right? 0 22 I mean, I want you to just envision if a 23 .person is wrongfully accused. You know, wouldn't you want B 24 the level of proof to be beyond a reasonable doubt and 0 25 that that jury follow the law? Wouldn't you want that? DENISE C.PHILLIPS, CSR -Q---------~-------------~--``-~-~-~-````-~-````T``~-~-:``R-----``----~-11-----``- 0 136 u tn 1 2 Okay. That's all we're going to ask you to do. Okay. The Judge is going to give you -- you A " ..'! 3 get to hear the facts; and the Judge is going to give you 4 the law, okay, on how you apply that law to the facts of B 5 the case. So, there won't be a bunch of questions. All [J 6 you have to do is follow that law, and that's what we're 7 asking you to do. n ,_- 8 All right. I want to talk to a few 0 9 10 people -- as the Judge indidat~d, the jury, it's -- this is Juror No. 1. the folks that end up on So, you're in the D 11 hot seat. Okay. And then whoever is left over, we start 12 here, and it's 1 through 12. Okay. So, the back row, 0 13 Juror -- is it 60? How do you say your name? [1 14 VENIREPERSON NO. 60: Hudspeth. 15 MR. GRAY: You're the least likely person to :o 16 be on this jury. Probably the whole back row because we 0 17 18 just won't get to you. ten strikes. We'll run out of strikes. They get ten strikes. I get Ten and ten is 20. r-r. u 19 We've got to have 12 people on the jury, so where does it 20 stop? The first 32. Well, there may be some issues D 21 because we sometimes double strike, but that's pretty 0 22 close to the way it works. 23 Let me ask some other folks. B 24 Ms. Cox, you worked at -- do you work at D 25 Wal-Mart currently? DENISE C.PHILLIPS, CSR _g~ OFFICIAL COURT REPORTER ' .---~-II-----------------2-7-2-NB-B:I:-S-'I'R-Fe-T-e0HRT-------------I------- ·o 0 137 o. 1 VENIREPERSON NO. 1: Eighteen years cashier. 2 MR. GRAY: Eighteen years. Wow. You were D 3 probably there when I was there. I worked at the Super 4 Center; and then, before it was the Super Center, and 5 then, I also worked at the College Station store; and 0 6 then, I went to the home office after college. 7 Any question that the Prosecutor asked or I D 8 asked that you need clarity on 'at all, or is everything 0 9 other than what we-talked about at the bench? You think 10 you can be fair to both sides in this case? G 11 VENIREPERSON NO. 1: Yes, sir. 0 12 13 MR. GRAY: Let me see. were a teacher in Chapel Hill? Ms. Nelson, 39, you 0 14 VENIREPERSON NO. 39: Yes, sir. 15 MR. GRAY: Okay. Do you know a guy by the 0 16 name of Doug Hone? 0 17 18 VENIREPERSON NO. 39: No, sir. MR. GRAY: He's actually the JP there at 19 Chapel Hill now, Justice of the Peace. He went to A&M 20 with me. He also owns Chapel Hill Sausage Company. 21 You're aware of the sausage company. Okay. 22 You had some issues, I think, with the Fifth 23 Amendment, wanting a person to testify. Now, that I've 24 kind of explained some of the reasons as to why a person 25 might not want to testify, has that -- has that changed DENISE C.PHILLIPS, CSR _g____·____ --·-------------------0~-~-``-``~l-``-``~T·~·``-~:~E_R__.____________ 0 0 138 0.- 1 your viewpoint at all; or would you still need to hear 2 from that person? 0 3 VENIREPERSON NO. 39: I would think it would be the wisest decision to testify. 0 4 5 MR. GRAY: Okay. 0 6 VENIREPERSON NO. 39: I understand the law. 7 I'm just saying what I would consider the wisest. 0 8 MR. GRAY: Yeah. And the way it will work 0 9 10 is is that the Judge will give you that law, and that will be one of the things that will be in there if he so D 11 chooses. And it's his ultimate choice; but obviously, I'm here to advise. Okay. [} 12 13 Now, if he does not testify, then you would 0 14 get that instruction. You cannot hold it -- you cannot 15 consider it for any reason. Okay. [J 16 VENIREPERSON NO. 39: Yes. - 0 17 18 MR. GRAY: And in doing so, if that person was to bring it up, the other jurors have to tell them not n u 19 to. Okay. So, that's -- that's a concern. I don't want 20 a situation where anyone is in this box; and then, where 0 21 do you go, right? You can't make that decision. 0 22 So, would you be able to follow that law if 23 given that law_by the Judge? 0 24 VENIREPERSON NO. 39: Yes. 0 25 MR. GRAY: Okay. Anyone else out there have DENISE C.PHILLIPS, CSR -8---------- --·----------------------0``````~1~-``~-~T``~-~-``-E_R ______________ _ ·---·--·-- 0 D 139 0-- 1 any problem as to the Fifth Amendment? Some reason we've 2 got a lot more hands in this panel than anyone I'm D 3 normally come across on the Fifth Amendment. 4 This is sort of -- we don't go back and D 5 forth. It's not like TV. They don't get a shot; and D 6 then, I get a shot; and we do this all day. When I sit 7 down, we're done. All right. So, I've got to know. He 0 8 may have left something out, I may have left something 0 9 out. 10 I was picking a jury. I actually tried a G 11 murder case from the prosecution side. I was actually a prosecutor twice and a defense attorney twice with the 0 12 13 D.A. 's office, so I've gone back and forth. 0 14 I was prosecutor, I think, for five years 15 the last time I was with the D.A. 's Office. I was trying 0 16 a case with Jay Granberry. It was upstairs. It was a 0 17 18 murder case. of testimony. We ended up -- I think it was the last day I had two officers corning in from Houston 0 19 to testify. We were through with the trial. It had been 20 a week-long trial. And we ended up working out a deal. 0 21 Sometimes that happen. We got back, and we interviewed 0 22 the jury panel, which I do in every single case. I always 23 talk to the jurors afterwards if they want to talk. 8 24 And one of the jurors said, "Oh, thank 0 25 goodness, you settled this thing because I'm on so many DENISE C.PHILLIPS, CSR -~--~--------- _______________________o_;~;~_;_``~3:````~T R!````-``---------- _______ 0 l 140 J l 1 antipsychotic drugs; and I don't think I could have made 2 it another day. " lL J 3 Well, from the prosecutor's standpoint - I 4 was the prosecutor then -- you could understand why, well, J 5 I guess, I should have asked that question. ~ J 6 My point is is that I may -- I may have 7 forgotten something or the Prosecutor may have forgotten J 8 something. Okay. And we can still talk about it at the ~ 9 bench if you want. We don't want to embarrass you. u 10 That's not our purpose. But we just want to make sure n u 11 that we get a fair and impartial panel for both sides. can n ,, 12 everybody agree to do that? !J 13 Okay. Did I leave anything out? Anybody? J 14 Okay. Does anybody know either one of the prosecutors or 15 have a close affiliation with the District Attorney's u 16 Office? Anybody? ~ 17 VENIREPERSON NO. 37: I have a niece that 18 works for Marc Hamlin's office. J 19 MR. GRAY: Okay. n 20 THE REPORTER: I can't see his number. u 21 THE COURT: And your number? He said he has n. 22 a niece that works for Marc Hamlin. J 23 THE REPORTER: Thank you. J 24 MR. GRAY: And that would be the District 1I· 25 Clerk's office. They obviously work with the D.A. 's J DENISE C.PHILLIPS, CSR J``-------- -------``-------~----````-~-``~T``~-``T``````~E_R___________~ _______ J 141 Office as well. Any problems with that at all? VENIREPERSON NO. 37: No. MR. GRAY: I have a close affiliation with the District Attorney's Office. I work with them all the time. I used to work there. Okay. That's not the issue. The issue is whether it will bias you in any way. Okay. And we talked about bias not in the -- it's not any kind of a racial kind of thing bias. What we're talking about is do you have strong feelings about the law one way or the other, okay, such that it would affect your ability to serve on a jury? Okay? Is there anything I left out? Okay. We've got a student of mine, Ms. Henry; is that right? VENIREPERSON NO. 23: Uh-huh. MR. GRAY: Okay. Anything about me being your instructor at one point -- VENIREPERSON NO. 23: No. MR. GRAY: Hopefully, I gave you a good grade. Okay. All right. Well, I'll sit down. Thank you. THE COURT: Let me have the lawyers come up just a minute. (Bench conference:) THE COURT: I'm thinking about letting 54 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -----------I---------------------------2``-NB-``S~-R-FG-T--GGBR``----------------------I-------- l J 142 1 through 60 go. 2 MR. CALVERT: Yes, sir. 3 MR. GRAY: I agree. 4 (Bench proceedings concluded.) 5. THE COURT: Jurors No. 54 through 60, you J 6 are excused. You can leave the courthouse. You do not 7 have to return. Have a nice day. J 8 (Venirepersons Nos. 54 through 60 excused.) 9 THE BAILIFF: As you're going out, please J 10 leave your number on the last chair as you're going out. 11 THE COURT: The rest of you, we're going to 12 take probably a break of about 30 minutes. It could run a 13 little longer, to talk to some of you one-on-one. I don't 14 think there will be many of those. And then the lawyers 15 will strike their lists, and we'll bring you back in and 16 announce the jury. So, take a ten-minute break and then 17 gather outside the door and let's see if we need to talk 18 to you. 19 THE BAILIFF: As you're going out, place 20 your card on the last chair of your row. If you're going 21 out this way, place your card on the last chair of your 22 row. 23 (Venire panel retired.) ~ 24 (Off-the-record discussion.) ~ 25 (Short recess.) DENISE C.PHILLIPS, CSR ~-· OFFICIAL COURT REPORTER ----------------~-2/: 2-7->2-NB-B-I-S-'r-R-I-e-T--eeURT'----------+------ 0 n 163 0-- 1 the indictment. And then the lawyers give their opening 2 statements. That's Stage 2. G 3 Opening statements are just their 0 4 5 opportunity to kind of give you a road map, an overview of the case so that when the pieces start to come in, they 8 6 either fit or they don't fiti and you'll have an overview 7 to kind of know in advance what's coming to you. n 8 The third part of the trial is the D 10 9 presentation of evidence. They present their witne~ses, The Sta'te gets to go first. and Defense cross-examines. D 11 And then the Defendant, if he chooses to, can put on 0 12 13 evidencei and the State has an opportunity to cross-examine. Then it goes back to the State. They can 0 14 put on what's called rebuttal witnesses and then back over 15 to the Defense, and they can put on sur rebuttal I1 16 witnesses. So, sometimes_it goes back and forth two or ' -:u 17 three times befo-re each side rests and closes their case. 18 Once that happens, that completes Phase 3 of -0 19 the trial. 20 Phase 4· is the Court's Charge. You'll be D 21 given a copy of the Court's Charge. That's-the law of the 0 22 State of Texas, and I'll read that to you word-for-word, n 23 24 and you'll hear the law. And then, finally, the last phase is the 0 25 jury arguments of the attorneys. Both sides have a chance DENISE C.PHILLIPS, CSR r;_--------t============O::F::::F:.:I:.:C:::I:::A::L~C:::O_::U_:::R:::T::::R::::E:_:P:O:R:T::E=R===:z=====1 -'.6( _______ 2'i'2ND DTS.TRLCT__COURT , _- - - - - - 0 0 164 ~J 1 to sum up their case and try to persuade you to their side 2 of it. o· 3 So, those are the five stages of the trial. 4 Let me read now these other instructions 0 5 beginning in the middle of Page 4. a 6 7 (Instructions read by Court.) THE COURT: We'll start in the morning at D "r 8 8:30; and we'll go until about noon and stop at noon, take D 9 10 at least an hour for lu_nch. And then, we '11 come back at 1:15 or so or 1:30 and begin the afternoon. ·o 11 We usually give like one break in the 12 morning, sometimes two, and usually two, sometimes three [J 13 breaks in the afternoon. So, those breaks are, like, ten D 14 minutes. Sometimes they turn into longer than that. You 15 might want to bring a book to read or something if you're D 16 sitting doing nothing for 20, 30 minutes. Those things 0 17 18 happen during trials, ladies and gentlemen. We will supply some note pads for you and 0 19 writing instruments so you can take notes during the 20 trial, if you choose to do so. There are rules that D 21 control how you can use those notes in the deliberation 0. 22 phase of the trial, but you're welcome to take notes if 23 you desire to. D 24 If any of you get under any pressure or 0 25 stress of any kind, like a panic attack -- we have had DENISE C.PHILLIPS, CSR -8----------· -------------------------0---:~-``-``A``r````T``````-E __R__________________ _ 0 D 165 [J 1 that happen -- or need to go to the bathroom or any kind 2 of health situation, just raise your hand. We'll stop the B 3 ·trial and let you leave and go recover or whatever you 4 need to do. A 5 This trial will probably be over -- could be B 6 over late tomorrow; but my guess is probably Thursday. 7 So -- and I can't guarantee you won't go into Friday, D 8 although that's not expected. We will certainly be D 9 10 through this week. Anything from either side before we excuse 0 11 the jury for the afternoon? MR. CALVERT: No, Your Honor. 0' 12 13 MR. GRAY: Nothing from the Defense, Judge. 0· 14 THE COURT: All right. Ladies and 15 gentlemen, y'all are now excused. Go with Ernie, and io 16 he'll show you how to come into the jury room tomorrow, .. D 17 18, and we'll see you at 8:30. (Jury retired.) -~ 19 THE COURT: Anything else to take up this 20 afternoon or now? 0 21 MR. GRAY: I think we're good on this side, 0 22 Judge. 23 MR. CALVERT: This doesn't have to be on the 0 24 record. \. 0 \. 25 (Off-the-record discussion.) DENISE C.PHILLIPS, CSR ~D-- OFFICIAL COURT REPORTER -----------------2-7-2-N-D-Il-I-.£-'I'-R-IG-T-GGYR-'I'------·--------- 0 0 166 [\ 1 MR. CALVERT: And just to educate the Court, 2 this case began with essentially a traffic stop. A [lJ 3 vehicle the Defendant was driving and his girlfriend was n 4 5 in the vehicle with him. They both at the time had warrants, active warrants for their arrest for burglary of -~ \~' 6 a habitation. That was the reason for the stop. l)' 7 The officers were looking for them to Q 8 execute thos~ warrants. After the stop was made, they [l 9 arrested the Defendant and his girlfriend. During an 10 inventory search is when the gun was found. It's our -- '0 11 THE COURT: Where was the gun found? 0 12 13 tr~k MR. CALVERT: It was in the Defendant's in the backseat in a jacket pocket. --- 0 14 THE COURT: Who was driving? 15 MR. CALVERT: The Defendant was. 0 16 THE COURT: All right. 0 17 18 MR. CALVERT: At this point, we are not going to illicit any evidence as far as what the warrants 0 19 were for, what type of offense they were for or anything 20 like that. I have certified copies of both warrants. 0 21 THE COURT: What were they for? ~ u 22 23 MR. CALVERT: Burglary. That case ended up never being prosecuted, but they are for burglary. 0 24 THE COURT: All right. a I .!::J 25 MR. CALVERT: I will be offering both of DENISE C.PHILLIPS, CSR -0-~--- OFFICIAL COURT REPORTER ----------------2-7-2ND-D-I-£'I!-R--I-G-T-GG-U-R-'r;.---------- - - - - 1 1 - - - - - - 0 167 1 those warrants for record purposes only, not for the jury. \ . _.· 2 THE COURT: Were those cases just refused 3 for prosecution or dismissed? ' 4 MR. CALVERT: I don't know if they were 5 declined if they were ever even submitted for pro~ecution. i. 1' 6 ~-was a B~yan ~D case. It never went anywhere. \ 7 THE COURT: Do you have any objection to all 8 of that? 9 MR. GRAY: No, Judge. I mean, if there's 10 you know, there may be some procedural evidentiary, you 11 know, hearsay, that kind of thing; but I'm not going to 12 object to -- you know, if they're going to limit it to 13 just the warrants 14 THE COURT: The warrants, the mentioning of 15 the warrants 16 MR. GRAY: Then, yeah, I think that's fine. 17 THE COU~T: Okay. 18 .''- MR. GRAY: Judge, I have filed a timely f9 suppression he~ring. I'm not requesting that we have a 20 separate hearing. , 21 THE COURT: We'll carry it along by 22 agreement, and I'll rule on it whenever you ask me to. 23 MR. GRAY: Okay. 24 MR. CALVERT: Judge, the only other.issue 25 THE COURT: What is the basis of that DENISE C.PHILLIPS, CSR ~------ ``--~- ------``-----~---------~-0-~!!-``-``~:E-``~!~T````-:``~R~--------~--~----~ ----~- } 168 1 motion? 1-- . 2 MR. GRAY: The suppression hearing, a couple ~ J 3 of things. The basis of the stop, Judge. ~ 4 THE COURT: The basis -- so, the reasonable 5 articulable suspicious, the stop. } 6 MR. GRAY: Yes. The basis for the stop. 7 And then, also, the basis for the search. I believe the r :y' 8 testimony [\ 9 THE COURT: Inventory search. u 10 MR. GRAY: -- will be that it was an ~ 11 inventory search, right, not a search incident to arrest. THE COURT: Why do you contend that a -- if `` 12 13 there's a warrant out for them, and they arrest both of l 14 them, there wouldn't be an inventory search? 15 MR. GRAY: Oh, there would be, Judge; but u 16 they're also required to follow their policy. r J . 17 18 THE COURT: MR. GRAY: Okay. So, there may be some questions ~ ij 19 on that. 20 THE COURT: Okay. I understand. Now, are ~ CJ 21 you going to want to do some of that outside the presence R 22 of the jury when the time comes; or is it all going to be u 23 okay in the presence of the jury? ~ 24 MR. GRAY: I think it's all going to be ~ 25 fine, just that urging, .after they close their case so as J DENISE C.PHILLIPS, CSR ``--() OFFICIAL COURT REPORTER __ -------------------2---'7-2-N-tl--IH-S-'f-R-I-G--T-80UR-'I'--- .l J 0 169 fl-- 1 to protect- the record. 2 THE COURT: All right. G 3 MR. GRAY: And I think we're fine. 4 MR. CALVERT: Judge, the only other 0 5 potential evidentiary issue I know of right now is, 8 6 obviously, it's an element of the offense that we have to 7 prove that the Defendant is a convicted felon, that he is 0 8 at least within five years of his discharge from [] 9 supervision or incarceration. 10 I talked to Earl, and I guess you still 0 11 don't know whether y'all are going to stipulate 12 MR. GRAY: I don't think we can. 0 13 MR. CALVERT: Okay. 0 14 MR. GRAY: So, you.'li probably need to prove 15- that up. 0 16 MR. CALVERT: Okay. Just to kind of give - . - .. 0 17 18 the Court a heads-up, in case there's any other objection we can take it up now if we need to. We're going to prove 0 19 up through a Judgment that the Defendant was convicted of 20 possession of methamphetamine in Grimes County in 1997 for 0 21 which he- received a 4 0 -year sentence. And so, we're going [J 22 to have to put that in in order to satisfy that elemental u 23 24 retirement that he's within of his discharge from supervision. ~- at least within five years 0 25 THE COURT: You put in 40 years? DENISE C.PHILLIPS, CSR -0~------- -------------------0``-~-~-````````````~g_:~'----E_R_____________ _ D 170 l _MR. C~LV~R'J': I think h_ave to, Judge, J-. 1 w~ 2 THE COURT: You got any objection to that? ~ J 3 MR. GRAY: I •m sure I will at least under, ~ 4 you know, 403. i'u 5 THE COURT: All right. ~ 6 MR. GRAY: Unduly prejudicial, but I d 7 understand -- ~ 8 THE COURT: But if it•s an element of the ~ 9 case, I don•t see that I have an:y option. u 10 MR. GRAY: No, but I guess it depends on ~ 11 what all is contained in the Judgment. You know, 12 sometimes we have issues; and I'll -- I don•t -- I don't ~ ii J 13 think it's going to -- this was a jury trial; but if we•ve ~ i 14 got a revocation and things of that nature, some of that u 15 stuff may need to be excised. I don•t ~ u 16 THE COURT: All right. R 17 MR. GRAY: :t donTt--Ehirik that th.at.is u 18 necessarily J 19 MR. CALVERT: Well, I will say just kind of n 20 in that regard, and we can do this tonight or this u 21 afternoon just so it's ready to go in the morning, ~ 22 contained in the certified copy of the Judgment, that case u 23 was also a 25-to-life case. So, there's two enhancement l~ 24 paragraphs that are listed in the Judgment. ~ 25 And assuming you don•t have any objection to ~ DENISE C.PHILLIPS, CSR r OFFICIAL COURT REPORTER ~ 272ND DISTRICT COU~T J 1 2 us redacting those because that's what he was convicted of on the two prior cases, and we will redact that so that 171 \ 3 all the jury will see is just the one case, the possession 4 of methamphetamine and the 40-year sentence. 5 THE COURT: Now, what -- tell me -- explain 6 the law to me, again, on this five-year thing. What do 7 you have to prove? What is that element? 8 MR. CALVERT: We have to prove that either 9 you're still -- still on supervision of some kind or that 10 it hasn't been more than five years since you've been off 11 supervision. 12 THE COURT: Okay. 13 MR. CALVERT: So, you're at minimum within 14 five years. There's another way to do it, too. You can 15 possess a firearm in your home after five years, but you 16 can't possess it somewhere other than your home. But the - ·- ... ---- -· . - --· -· - . -· .... l 17 paragraph of the statute that applies in the case is you u 18 have to be at least within five years of your discharge n u 19 from incarceration or some type of supervision, whichever 20 comes later. So, obviously, if you're still on 21 supervision, that qualifies as long as you've been finally 22 convicted. 23 THE COURT: All right. That's fine. 24 Now, on the charge, are we going to have any 25 issues therei or is it pretty cut and dried? DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~--- _ ~--~- ---``--~------~-----222ND~D.IS.TRI.CT--COURT---~---------- ------------ J '1 172 J n 1 MR. CALVERT: I think it's pretty !J 2 straightforward as far as that goes. J 3 MR. GRAY: Yeah, I don't see any kind of 4 lesser includeds or anything at this point, _Judge. So ~ 5 MR. CALVERT: No, sir. ~ 6 THE COURT: No lesser included because 7 you're not going to try to claim you don't have a previous ~ 8 conviction? 9 MR. GRAY: Well, I'll probably.try to argue, u 1() but I'm going to see how the -- ~ 11 THE COURT: So, if you produce a scintilla 12 that you haven't been convicted, there could be a lesser J 13 included? 14 MR. CALVERT: Well, I don't think so, Judge, u 15 because if he's not convicted, it's not a crime to possess ~ 16 it. I mean, you can have a gun -- -- ~ 17 THE COURT: What about unlawful unlawful 18 carrying of a weapon is not a lesser included? ~ 19 MR. CALVERT: Not in your car. 20 MR. GRAY: Not .:._- yeah, not -- ~ 21 THE COURT: When he's traveling. ~ 22 MR. GRAY: Not as of this date. And that 23 would have been -- J 24 MR. CALVERT: It's 2012. You don't even ~ 25 have to be traveling anymore. They did away with that. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~--------- 2 7 2ND · DIS_TRLCT____CO.URT J l J 173 You can just carry a gun in your car now. l-- 1 2 MR. GRAY: That's true. ~ J 3 THE COURT: Really? I didn't know that. ~ 4 MR. GRAY: Yeah. 5 MR. CALVERT: Yes, sir. ~ 6 THE COURT: I might just put mine in. ·7 MR. GRAY: It. makes no sense, I think, to ~ 8 get a concealed carry permit because the places that you ~ 9 can't take it into, you still can't take it. 10 THE COURT: Oh, I agree. ~ 11.. --· MR. CALVERT: Well, you can and we can, because Judges and Prosecutors can; but other people ~ 12 13 can't. J 14 THE COURT: Well, now, in order for a Judge ~ 15 to do it, we've got to have a concealed to carry, though, il u 16 don't we? n 17 MR. CALVERT: No, that's what I'm saying. ~ ,\ 18 Judges and Prosecutors have specialized -- this doesn't· ~ 19 have to be on the record. 20 (Off-the-record discussion.) ~ 21 THE COURT: All right. We'll see y'all at ~ 22 8:3 0 0 No other motions in limine for either side? 23 MR. GRAY: No, Judge, the only issues that I ~ 24 can see as far as the limine is going to be with his ~ 25 priors; and I think we're going to -- we'll handle that on DENISE C.PHILLIPS, CSR ~-------- ----·-·---------------0-``-``~-``T````~T``;g=~"=``E__R_______________ - - - - - - - - - 1 n 174 1 our own. We'll approach. 0---, 2 THE COURT: All right. D 3 MR. CALVERT: Yeah. We have no intention -- 4 obviously, if he doesn't testify, we have no intention of 0 5 going into any priors other than the one that we're 0 6 required to going into for the element. 7 THE COURT: Okay. We'll see y'all in the 0 8 morning. 0 9 10 (Evening recess.) 0 11 12 0 13 0 14 15 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR -0--------_____________________,o``````:E-````~T````~E_R _____________,_______ 0 175 0 1 THE STATE OF TEXAS 0-- 2 COUNTY OF BRAZOS 0 3 4 I, DENISE PHILLIPS, Official Court Reporter in and for D 5 the 272nd District Court of Brazos, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence B 6 and other proceedings requested in writing by counsel for the parties to be included in this volume of the 7 Reporter's Record in the above-styled and numbered cause, D 8 all of which occurred in open court or in chambers and were reported by me. D 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I fu~ther certify that the total cost for the preparation of this R~orter' s Record is $ ``~e.o and was 0 12 paid/will be paid by ~Y"'~1...0~ Q.c~ . \ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0 14 May, 2013. 0 !)``~ \)Q,u~.o) 15 16 D 17 Texas CSR 6482 Official Court Reporter 272nd District Court D 18 19 Brazos County, Texas 300 East 26th Street, Ste. 204 Bryan, Texas 78703 0 20 Telephone: Expiration: 979-361-4221 12/31/13 0 21 22 0 23 24 CERTIFIED 0 25 TRANSCRIPT Q___- ~------ --------------~----"D"-'E,._,N"'-'I,.._,S_E_C_._PHILLTPB_,_CSR__________________ OFFICIAL COURT REPORTER 2·72ND DISTRICT COURT 0 D State v. David Duane Greer 11/13112 Vol 3 108/2 108/6 108/10 108/15 113/16 157/8 157/14 157119 157/23 I58/2 9:00 o'clock [I] 18/5 1 - ' - - - - - - - - - - - - i 114111 158/13 158116 158/21 159/5 159/9 fo=:9~=3~o'-'-r~:I1_:.::18::.:15'--------; 0-- . - p·o"8'-'-r~:tl'--'-"I2"3:..:.11-=-2------i23 1121 13/IO 13115 13/19 13/23 1 - / - - - - - - - - - - ; I411I5 I411I8 f'-'/s'-'r"':ll~I7'-=5"-'/1"'-5--------i24 [24) 55/7 55/I I 55/16 55/21 159/11 159115 159116 159117 I3/25 I5/20 I5/25 I6/5 I6/7 56/3 I69/25 40-second (1) I53112 40-year (2) 169/21 I7114 A 1-----------i abide (2) 8I/17 152/11 ability [6) 61124 62/2 10119 55/25 75/25 76/4 76118 77/I 77/4 403 [1) I70/4 I I0/13 I41/I I I51125 1-~----------; 99/9 I08/16 108117 108/20 108/24 41 (5] 31125 90/20 157/5 159/13 able [11) 7/24 9/8 19/12 47/9 79/1 10 (14) 29/129/4 29/6 29/10 57/6 109/::i 109115 109119 110/5 110/10 159/18 83/25 103/5 122/16 138/22 148/19 6114 61/13 61/15 75/13 132/3 ·110/15 J-10/20 ]-I0/22 11114 42 (10] 31117 31!21 65/22 65/23 -I55/20 - 132/4 132/8132/10 132/17 24007265 [1) 2/10 65/25 66/9 84/24 85/18 86/11 about (204] 10-13-00049-CR (1) 1/4 24036308 (1) 2/4 90/17 above [4) 1/15 123/I 1 175/5 IOO [I) 63/10 24077302 [1) 2/5 4221 [2) 1124 175/19 175/7 I03 [I) 2111 25 (14) 54/7 54/10 54/15 54116 43 (4) 83/15 90/5 143/6143/9 above-styled [1) 175/7 11 [24) 28/18 28/20 34/20 34/23 54/17 54/20 54/22 55/1 55/3 55/5 4320 (1) 2/7 above-titled [1) 1/15 0 35/4 36116 37/8 37112 37/23 38/3 55/9 55/10 55/15 161/10 38/6 62/18 62/20 63/2 63/7 64/7 25-to-life [I) 170/23 75/14 85110116/16 119/6 119110 26 (12) 51/22 51/25 52/4 52/7 44 (5] 83/1 83/3 83/5 83/7 83/12 absolute (1) 82/16 45 [2) 82/23 90/3 46 [2) 43112 43/15 absolutely [11) 60/25 62/19 62/25 63/4 63/10 70119 82/18 84/20 120/6 121110 135/3 52/13 52123 53/2 53/5 53/13 53/16 47 [4) 69/22 69/24 7117 71110 86/18 111/1 129/17 0 12 [31) 7/13 7/15 8/1 10/24 17/6 53/20 54/4 28115 3011730/2133/25 45/3 45/5 26th [3) 1/23 2/6175118 45/1145/1445/1845/2046/3 46/7 27 (2) 51/15 51117 4759 (1) 2/12 48 [16) 69/2170/6 70/18 811I4 81115 82/495/1199/911I/24 Abstract [1) 14/1 access [4) 47115 47/15 66/4 131117 46/10 46/13 46/23 47/4 47/8 67/16 272 [I) 1/3 112/13 112117 112/20 I13/3 Il3/6 Accident [1) 20/5 0 75115 98/21122/7 122/7 130112 136/12 136/19 162/13 12/3I/13 [1) 175/20 13 [11) 3/2 4/2 5/2 27/24 28/3 272nd (4) I/8 1/22 175/4 175/17 28 [4) 51/6 5118 51/10 89/25 29 [4] 50/25 5111 51/4 89/23 3 S 113/10 113/14 49 131 57/21 58/1 58/3 accord [I) 125/3 accusation [1) 5/5 accused [9) 9/8 11/6 83110 86/22 115/14 115/15 133/25 135123 0 28/7 28/9 28111 4511 75/16 175/20 so [2) 58/8 58/11 158/23 13th [I) 1/14 30 (40) 17/24 32/20 48/1 48/5 50s [I) 7/19 acquitted [I) 118/19 14 [16) 27/21 29119 29/20 29/22 48/7 48/10 48/12 48/14 48116 51 (4] 58114 119/10 119/I1 across [3) 49/25 120/2 139/3 29/25 30/3 30/6 30/8 30/11 40/5 48/18 48/25 49/5 49/8 49/15 49/20 119/14 action [I) 110/24 43121 43/25 44/8 44/16 47/14 49/23 50/3 50/7 50110 50113 50/15 53 [12) 93/2 93/3 93/5 93/10 99/9 actions [1) 1.10/25 0 75117 15[13]15/517/1527/927/11 27/1427/1744/1944/2373116 50119 88/10 88112 89/10 89/19 112/5 112/6 112/8 112/9 112/11 99/9111/5111111111/13111/17 113/16114/11 111119111121111/23113/16 active [1) 166/5 activity[l]I47/19 54[17)58/1858/195811958/20 actua1[3]18/350/5109/18 73118 75118 98/24 112/21 114/11 114/19 142112 153112 58/22 59/2 59/13 85/4 85/5 95/18 actually (16) 6114 7/9 7/18 24/13 0 IS-minute [3) 98/25 99/5 99/11 16 [4) 42/2443/5 80/6112/21 164/16 300 [3) 1/23 2/6175/18 17 [35) 43/8 68/3 68/4 68/9 77I 13 31 [4) 113/18 113/20 113/20 95/22 95/25 96/3 96/10 141125 142/5 I42/8 57 [8) 95/15 99/10 111/24 112/3 37/1 45112 56117 66/13 115/5 123/25126/11 126/I8 137/18 139/10 139/11 148/24 78/678/1578/2078/2479/579/8 114111 112/4112/11113/16114/q add[1) 62118 0 80/1 80/3 95/2 95/4 99/8 104110 310 (1] 2/6 104/15 104/16 104/20 104/24 105/1 105/5 105/8 105/22 105/25 136/20 32 (5) 80/9 80/10 80113 80/19 59 (2] 7117 7/18 5:00 [2) I25/9 125/II 5:00 o'clock (1] 18/7 address [2) 78/11 86/11 addressed [1) 64/12 addressing (1] 66/13 106/_8 106/12J06l!5 1.07/L 107/2. 3235 [-1)2/-12 -5:05111-12-5/-12- - - -admonition [1) 5/18 0 107/5 107/6 II3116 114/11 18 [8) 34/13 34/16 68/12 68/15 68/18 68/21 69/2 69/11 IS-year-old [1) 60/22 33 (4) 32/4 32/9 32/15 80/22 34 [I] 80/24 35 (3) 32/24 33/2 81/1 36 (9) 33/7 33/9 33/11 33/13 6 60 [11) 7116 62/6 62/8 93/11 advance (I) I63/7 advantage (2) 75/22 811I2 advice [1) 126/6 93/12 93117136113 136/14 142/1 advise (1] 138/12 19 (5) 33/18 33/20 34/8 69/16 40/16 40122 40/24 41/3 81/3 142/5 142/8 advised (1) 84/25 0 69/18 1997 [I) 169/20 1:15 [I) 164/10 36Ist [I] 135111 37 [9) 41/7 41/12 41115 41/18 41/2241/24 92/24 140/17 141/2 6482l:U 1/22 175116 7 affect [7) 21111108/4 109/4 109/11110/12141110151124 affiliation [2) 140/15 14113 1:30 [I) 164/10 38 (22) 42/4 42/10 42/16 62/14 70 [I) 7/17 afraid (3) 84/18 86/9 91/7 0 1s Ill 15/14 2 92/11 92117 143/5 143/15 150/6 700 [1) 115/8 150110 150113 150115 150117 77803 [2) 1/23 2/7 1-------,-,-,---,---,-...,.,.----,-i 151/3 151121 152/2 152/4 152/13 77803-3235 [1) 2/12 after [14) 7/25 8/1 16/11 25/2 25/23 26/22 66/7 97/2 114/8 116/11137/6 166/8168/25 171/15 20 (14) 12/2i I2/23 17124 34/6 152/20 152/25 153/7 153/8 78703Jll 175/I9 afternoon [6) 15/6164/10 164113 0 57/9 96/15 96/16 96/19 96/21 97/3 39 [34) 42/19 91/3 92/8 97/6 9717 8 129113 129117 136/18 164/16 2009 [I) 100/11 97/12 97118 137112 137114 137/17 138/3 138/6 138/16 138/24 143/5 88 [I) 32/16 165111 165/20 170121 afterwards (1] 139/23 again [21) 44/2 73/5 73/14 73/14 2012 rs1 1114 312 412 512 172/24 143112 143/14 143115 153125 8:3o l3~ 16418 165117 173122 1111 79112 80114 81118 8616 91122 154/3 154/6 154/15 154/17 154/21 9 0 2013 [1) 175/13 204 [2) 1/23 175/18 21 (2) 56/23 57/3 154/25 155/4 155/9 155/12 155/22 156/6 156/12 156/21 15711 157/3 979-361-4221 [2) 1124 175/19 22 (20) 56/14 70/22 70/25 87/23 3rd 111 175113 979-361-4320 [1) 2/7 92/3 94/2 94/14 97/15 108/22 109/4 113/23 120115 122/21129/2 17116 against [27) 9115 15/24 74/21 87/24 88/3 88/6 99/9 107/3 10717 979-822-4759 [I] 2112 77112 80/16 82111 82119 83/20 D 107/10107112107119107/24 4 40 [19) 90/23 143/5 143/15 157/4 9:00[1) 18/5 84/784111871787/19911491/7 _Q______ Denise C. Phillips, CSR \ ------------------ u 0 A State v David Duane Greer 165114 I66/I6 I66/24 I6717 11113/12 Vol 3 132/I9 I33/20 I34/I2 13717 108119 112/II I12/I5 1I4/8 2 I68/22 I68/24 I69/2 I70/5 I70111 138/I5 I39/I 141/II41/6 I4I/8 I15/20 I16/2 II9/191I9/2I120/4 against. .. (13] 98/7 98112 I 05/24 170116 171/3 17II23 173/21 174/2 143/2 146/15 I47114 148/2 153/2 120111 I22/2 I22116I24/17 I 06/I 0 109/I II 0/16 I2611 133/21 175/5 175/7 I54/I3 I55/18 155/19 I56/I9 I24/I9 125/4 I25/22 I30111 133/22 153/22 155119 156/I3 allegation [4] 79/2I 79/25 80117 I60116 161/23 I64/24 I64/24 13I/II 135/I5 I42/6 I43118 156/20 8I/10 I64/25 I65/1 166118 I67/7 169/17 143/20 144/4 147/6 148/5 I50/l2 0 agency [I] 102/19 agent [I] 97114 aggravated (1] 78/1 ago (9_] 15/19 I5/20 16117 18/I3 allegations [3] II9/I9 II9/2I I22/2 allege [2] I34/4 I34117 allow (3] 8/23 152/11 I56/19 170/2 170/9 170/25 I71!24 I72/3 I51!4 I54/2 I55!18 I56/3 I57121 I74/5 I7511 0 anybody [51] 611 12/IO I2/IO 157/24 I58/11 160111 162/22 I63/3 I64/3 I64/13 164/20 I65/I5 13/7 13/7 l6/-1 0 16/10 16/24 18/25 166/I7 166/23 168/20 I69/11 65/6 86/20 1I2/22 I35112 I61/3 allowed [3] 21/23 67/13 86/I 3I/15 33/23 57/18 58/I5 58116 I70/24 I71/24 0 agree [56] 9/22 38118 38/20 41/7 42/4 42/6 42/24 43/8 43115 49/2 50/23 5118 51/14 511I5 51/17 allows (2] 62/22 62/25 alluded [2] I27/7 I27/14 almost (2] I8/I2 I8/18 65/2 65/6 66/I9 7I /14 8 118 82/9 area [5] 9/I9 43/2 95/19 II5/5 84122 85/3 85/9 85/I2 85/13 85/I7 I31/I6 85/22 93/8 94/I7 94/25 95/8 96/7 areas (2] 8/4 68116 51120 55/8 55/I6 56/2 56/14 57/6 alone [1] I5811I 96/I2 97/4 97/20 II5/8 II6115 aren't [1] 49/17 0 57/9 58/11 58/14 59119 59/22 62/8 62/9 62114 69116 73/21 74/3 74/7 77/14 78112 78/15 78/17 84/6 along [1] I67/2I already [6] 7/15 1I4/25 ll6/I9 I29/22 I57/II I62123 117110 II9/5 I20/I8 I25/24 130/21 I33/22 I40113 I40/I4 argue (1) I72/9 125/24 I26/3 I26/IO 127/13 129/9 argument [5) 37/24 38/1 100/13 100114 I 02/24 841!2 86/3 86/5 87/6 98/2 98/5 also [17] 9117 1I/8 25/6 45/I5 I40/I6 argumentative [I] I02/3 0 106/1911118 III/9III/25112/5 121115 I22/7 129/20 140/12142/3 I4617 173/10 48/25 55/I5 77/IO 84/12 II2/7 II6/7 II71! I37/5 137/20 I53/9 I68/7 I68116 I70/23 anymore (5] I6/I2 35/6 II7/I7 I27/I6 I72/25 arguments (1] I63/25 Arias [2) 4I/5 92/23 anyone (6] I2I/I4 I27/25 I28/3 arm [1] IOI!9 agreeable [I] I04/5 although [1] I65/8 I38/20 138/25 139/2 around [7] I4112 I8/4 22/5 59/2I 0 agreed (5] 6011 84/2 III/I5 II2112 113/15 agreement [8] I06/20 I07/2 11II!I 111123 112/4 Il2/9 114/I9 always [27] 6/19 6/20 7110 9/20 17/2 I7117 21120 2I/2I22/2I 22/22 22/22 45/20 48/24 72/I6 anything [35] 15/2I I6/20 I6/24 6016 II6/9 116/9 I6/25 I9/I 2I/8 2I/I8 30/19 34/2 arrest [8] IOI/15 II2/21 II8/7 66/5 69/8 7I/22 79/I6 80/I2 9112 118/II 118/22 166/5 I68/11 94/5 94/I7 96/20 96/22 97113 I68/13 77/I8 79/9 I08/2 I08/10 I20121 167/22 I20/24 I20/25 I28/2I I29/4 129/6 I00/24 I 13/7 I32/7 133/I8 I33/20 arrested [6] 94/12 94/I3 II8116 0 agrees [1] 66/19 ahead [9] 11/2II5/II5/I6 II0/1 IIII3 112/IO 113/I3 114/20 I29/IO I32/2I I39!22 I40/I3 I4II12 I41/I6 I46/3 am [12] II/I 0 I5/25 31/13 3II19 I49/25 I6011 I65/I 0 I65119 32/7 32/I8 42116 44117 70/I6 86/7 I66/I9 I72/4 118117 I26/20 I66/9 articulable [1] 168/5 as [112] 6/8 6/8 6/9 6/9 6/2I6/2I 159/14 103/IO I57123 anytime (1] I20/22 ll/I4 I11I4 12/23 I5/3 I5/4'15/4 0 ain't [I] 36/6 AI [4] 52/7 53/7 53/8 53/20 alarms [I] 56/5 Amendment [12] 82110 8211I anyway [4] 27/13 IOO/IO I00/19 I6/4I7/20 I7/20 I8/7I8/8 211II 82115 I 0616 107/2I I25121 I25/25 I04/25 I37123 139/I 139/3 150/I9 I54/8 anywhere [2] 65/I5 I67/6 22/23 25/6 29/2 32/I5 37/4 37/4. 39/I5 42/8 52119 52/25 5515 60/22 Albernaz [I] 43/li American [1] 29/6 apologize [8] I2/I6 33/8 6711 6YI464!13641136WI372/4 0 alcohol [2) 58/25 I23/7 Alice [I] 111/13 all [I62] 612 7/25 8/I 9/I I0/3 among [1] 6/5 amount [I] I18/2 amounts [2] I30/I6 I30/I6 7I/11 93/25 II4123 133/I9 I47/24 72118 74/22 78113 83/20 84/17 apparently (1] IOO/I4 Appeals (1] I/4 85/13 85/13 88113 88/23 88/24 88/25 88/25 8911 89/3 89/5 89/5 13/8 13/20 13/22 I3/24 I4112 Andy [2] I23/3 I23118 applicable [1] 26/17 89/I4 92/4 94/I8 94/18 I 01/8 0 151!4 I5/I8I6/8 16/23 I711I 181!I 19/24 20/19 21117 22/3 22/11 22/15 24/23 25/4 27/2 27/4 anger [1] 78/2 Ann [1] 143/I6 announce [I] 142/16 applied (1] I44/24 applies (1] I7I/I7 apply (1] I36/4 IOI/8 I03/6 I03/IO I06/6 IIOI19 112/24 1131!8 115/10 115/20 11611 1I6/I II6/3 116/7 119119 . _?7/12 27!_23_1~I§19!l~31l33;1/2 another_[15]_ 511.8 _7l]9_1 01612/6 _ appreciate [8]-13/5-16/9 21/I5 - -I21!4-I22/13 I24/20 124/21 35/24 38/3 42/22 43/6 43/IO 43113 25/2 42/I5 73/5 73/7 85/3 85/9 65/I7 66123 68/I 93/7 93/8 I24/2I I24/23 I25/8 I25/8 I25/I9 47/23 49/2 52117 53/7 58/6 6I/2 95/13 97/22 I35!13 I40/2 I7I/I4 approach [1] I74/I I25119 I26/2 I27113 128/9 I28110 62/5 62/9 62/I I 62117 64115 64/20 answer [11] 6/2I IO/I4 22/4 are [I61] 6/16 7/6 7/8 7113 7/I3 136/9 137/24 13911 I41/I I42/9 65/5 66/23 67/I2 67/24 68/13 63/20 63/23 64/1 76/5 85/I6 92119 81! 811 8/2 9/24 I2!14 I4/2I I5/3 I42/l0 I42/19 I44/8 150/23 69/22 70/3 70/8 71120 7411 75/20 Il1122 I53/I6 16/25I7/1I7/3 171102I/2522/8 I5I/I9I53/22 154/lii55/2 0 80/4 80/14 80/23 8112 82/I7 82/20 8712 87116 87/I9 88/9 88/21 89/4 90/I8 92/25 93111 95/2I 97/4 answered [2] 87/II 155/I6 answering [1] 10/I9 Anthony [1] I50/IO 23/11 23/20 23/2I 23/21 24/10 24110 26/2I 29/I2 29/20 30/4 I55/I7 I55/I8 I60/24 I60/24 I6119 I66118 I66118 I68/25 32/13 32/24 35/3 35/I4 36/2 36/8 I7112I I71!2I I72/2 172/2 I72/22 I 03114 103115 105/5 105/7 I 08/23 anticipate [4] 89/I4 92/2 I16/2 36/I1 36/2I 38/7 38/23 38/24 39/3 I73/24 173/24 0 113/IO 113/11 113/12 113/22 114114 116114 I16/2I 117113 117/20 120/1 120/25 I21/10 I27/I9 anticipation (1] 126/I6 antipsychotic (1] I40/I 39/4 39/5 40/3 40118 41122 42/7 aside [3] 79/22 148/19 I49/I5 42/25 43/3 43/3 43/21 44/I 44/14 ask [25] 5116 5117 6/2 I 811 2 I4/23 44M 44t:n 44/25.47/25 48/3 _]4/25_ I9/l 0 22112 70/8 76/7 94/5 12 !Ill I22/9 123/3 I24/19 I24/23 any [87] 5i25 6!6 I4/6 I811 0 49/IO 49/II 49112_49/I2 5411 94/9 98/I9 99/I II4/I5 II5117 128/24 129114 I29119 129/22 2I/11 2I/I7 24/3 29/16 36/20 54115 54/I8 55/24 56/2I 57/2 I20116 I27/22 I27/22 I27/24 132/6 132/9 133/8 133111 I3311I 39110 60/17 63113 64/2 7I/I2 57/I9 58/20 62/I6 63/13 66114 I29/1 I29/2 I3611 I36123 I67122 133/12 133121 134/2 I34/1I I36/l 7I/23 78/8 79/I5 79119 80/1I 68/5 68/8 69/13 69/I7 69/23 70/7 asked [10] 17110 46/4 85116 I0118 I36/5 I36/8137/8 138/1 I39/6 82/20 84/21 89/17 90116 9112 96/8 7119 74/25 75/24 76/8 77/9 77116 I05115 I09/I3 I37/7137/8 I40/5 0 139/7 141/1 14I/4 I4I/21 I4311 143118 143121 144110 I46/20 150/14 150117 151/7 151/13 151114 I52/16 153/2 I54/14 97/16 98112 IOI/2 102/6 102/23 I 03/6 I 05/20 105/20 I 05/23 I 07116 I 08/22 I 09121 I 09/24 77119 80/4 80/20 82/22 83/8 8311I I53/13 83/I4 84/I9 87/23 88/10 89/9 89116 89/21 9011 90/15 91/23 110113 112/25 113/8 114/12 116/9 92/22 92/23 93/4 95/3 96/6 99/8 asl -r-s TR-I-CT-COURT-·-:--· --:---- ~---------- -·----·--·-·----------·--· ] 2 l- 1 A P P E A R A N C E S 2 l 3 ATTORNEY(S) FOR STATE: l 4 5 RYAN CHARLES CALVERT SBOT NO. 24036308 WILLIAM LEE WARD SBOT NO. 24077302 1 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, texas 77803 1 8 Telephone: 979-361-4320 9 ATTORNEY(S) FOR DEFENDANT: J 10 EARL R. GRAY ~ 11 SBOT: 24007265 Gray, Granberry & Jones 103 N. Main Street ~ 12 Bryan, Texas 77803-3235 Telephone: 979-822-4759 13 '``- J ' \ i 14 15 '- J 16 r 17 18 19 20 21 22 23 24 I 25 DENISE C.PHILLIPS, CSR I~----- / OFFICIAL COURT REPORTER - - ·-I-----------------------.Z-9.Z-ND-B-I-8TR-I-eT-COURT--------------- ------------------- I 0 3 1 CHRONOLOGICAL INDEX D-- 2 November 14, 2012 Volume 4 0 3 Page 0 4 5 Witness sworn Discussion with Defendant Jury seated 20 20 22 Jury sworn 22 0 6 Indictment presented Defendant's plea 22 22 7 Opening Statement by Mr. Calvert 22 D 8 Witness sworn 26 STATE'S WITNESSES: 0 9 10 TERRY YOUNG: 0 11 Direct Examination By Mr. Calvert Cross-Examination By Mr. Gray Redirect Examination By Mr. Calvert 26 57 73 Recross-Examination By Mr. Gray 74 0 12 13 Jury retired 76 Short recess 76 0 •. 14 Discussion with the Defendant 76 Jury seated 78 15 Witness sworn 78 0 16 RICARDO LEDESMA: 0 17 18 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray Redirect Examination By Mr. Ward 78 87 91 0 19 Recross-Examination By Mr. Gray Witness sworn 93 95 20 0 21 LAKETH McKINNEY: Direct Examination By Mr. Calvert 95 ~ 22 Cross-Examination By Mr. Gray 97 23 State rests 100 0 24 Jury retired Defendant's Motion to Suppress 100 100 Court's ruling 112 0 25 DENISE c. PHILLIPS :;C~R I n.• OFFICIAL COURT REPORTER . -bd-····---- -·--- -----------·-------------2-7-2-ND-D-I-ST-R-I-G-'I'--GGUR-'I'-------·--·--···----- ------·--·--·----- D n 4 o. ' 1 CHRONOLOGICAL INDEX 2 November 14, 2012 Volume 4 D 3 Page 0 4 5 Jury seated DEFENDANT'S WITNESSES: 112 0 6 MONISHIA RENE CAMPBELL: 7 Direct Examination By Mr. Gray 112 D 8 Cross-Examination By Mr. Calvert Redirect Examination By Mr. Gray 122 137 0 9 Defendant rests 142 10 STATE'S REBUTTAL WITNESSES: 0 11 RICARDO LEDESMA: 0 12 13 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray Redirect Examination By Mr. Ward 144 147 150 0 ~} 14 Jury retired Noon recess, 151 153 15 Jury seated 154 0 16 TERRY YOUNG: 0 17 Direct Examination By Mr. Calvert Cross-Exami.nation By.Mr. Gray 154 156 18 0 19 Witness sworn JASON WARE: 157 20 0 21 Direct Examination By Mr. Calvert Cross-Examination By Mr. Gray 157 159 0 22 State closes Defendant rests and closes 160 160 23 Jury retired · 160 0 24 Objections to Charge Jury seated 160 161 Charge read 162 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ll--- ··· ··-·-----·-- -------,---·---·~---------·-------~-7-2NB·-B±Sl!'R:EGT-G01JR-T---------- ------------------ --------- ~---- D 0 5 0-- 1 CHRONOLOGICAL INDEX 2 November 14, 2012 Volume 4 D 3 Page 0 4 5 Closing Argument by Mr. Ward Closing Argument by Mr. Gray Closing Argument by Mr. Calvert 162 168 176 0 6 Jury retired for deliberations Jury request to view video Jury continued deliberations 183 183 183 7 Jury seated 183 0 8 Verdict Jury retired and released 184 185 Evening recess 185 0 9 Reporter's Certificate 186 10 0 11 ALPHABETICAL INDEX 0 12 13 Campbell, Monishia Rene Direct 112 Cross 122 V.Dire 137 0 j' 14 Ledesma, Ricardo 87 rs- 9"3 0 16 · Ledesma, Ricardo 144 147 --150-- 0 17 McKinney, Laketh 95 97 18 0 19 Young, Terry 26 73 57 74 0 20 21 Young, Terry Ware, Jason 154 157 156 159 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR )l··· . OFFICIAL COURT REPORTER t;\-------------- ---------------·---------·---------2-72-ND--DI-STRreT--COURT------------·--------- -------·--------- 0 0 6 Q,, 1 EXHIBIT INDEX 2 November 14, 2012 Volume 4 D 3 State's Exhibits 0 4 5 EXHIBIT 1 DESCRIPTION Arrest Warrant OFFERED 16 ADMITTED 19 0 6 2 3 3 Arrest Warrant Video Video 16 34 143 19 34 144 7 4 Photograph 48 48 0 8 5 6 Photograph Photograph 48 48 48 48 7 Photograph 48 48 0 9 8 9 Photograph Photograph 48 48 48 48 10 10 Leather jacket 41 41 0 11 11 12 Weapon Bullets from weapon 41 54 41 54 14 Stipulation 20 22 0 12 13 14 15 16 Stipulation Inventory form Inventory Search Policy 99 90 107 100 90 D) 14 15 0 16 0 17 18 0 19 0 20 21 0 22 23 0 24 D 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER _Q ________ ------------- --------=~-7-2NB--B~-STR-I-eT-e0URT------- -----11-----~----- 0 D 7 n ··.,.., 1 2 P R 0 C E E D I N G S November 14, 2012 8 3 THE COURT: Good morning. 0 4 5 MR. WARD: MR. GRAY: Good morning, Judge. Judge, we think we're going to 0 6 have a stipulation, but I just need to visit with their 7· print expert for 35 seconds. 0 ./ 8 THE COURT: Okay. 0 9 MR. GRAY: He may be -- we think he's 10 probably in the D.A. 's Office. I can run up there and 0 11 talk to him. 0 12 13 THE COURT: MR. GRAY: Go ahead and take care of that. Okay. Thank you. 0 14 MR. CALVERT: , Can we put something else on 15 the record real quick? [1 16 Judge, I forgot to do this yesterday. I had 0 17 talked to Earl about it beforehand; and I think we talked 18 to you about it, but we forgot to do it on the record. 0 19 In 19, I believe, 84, you represented this 20 Defendant on a case, I believe it resulted in a guilty 0 21 . plea. We realized that going through his priors. We 0 22 brought it to Earl's attention. I don't want to speak for 23 Earl, but I think both parties are more than comfortable 0 24 in waiving any issues with having you hear this case, 0 25 Judge. But I wanted the record to reflect that both DENISE C.PHILLIPS, CSR \1 OFFICIAL COURT REPORTER -U------·-·-----·- ------------------- --2-7-2ND-D-I-S.!I!-R-I-G-T-GGUR-T------------------ --------------- 0 8 0--, 1 parties were aware that in the early '80s you represented 2 this individual, and both parties are comfortable with you 0 3 going ahead and hearing this case. THE COURT: Well, for the record, I don't B 4 5 remember the case. And that's no slight to you, Mr. 0 6 Greer, because I don't remember a lot of things that 7 happened in the '80s. 0 8 But is that okay with you? 0 9 THE DEFENDANT: THE COURT: Yes. Okay. Because this came up a 10 0 11 couple, three weeks ago. Lisa came in and told me about it, and I said if either side wants me off the case, I'll 0 12 13 willingly recuse myself. And I was advised that neither 0 14 side wanted that to happen. 15 MR. GRAY: We have no objection, Judge. ·And 0 16 I think Judge Langley was the prosecutor at the time. 0 17 18 THE COURT: MR. CALVERT: Yeah. Yeah. 0 19 THE COURT: So, I still hold with that. I 20 mean, if anybody's got a problem with it, then I'll take a 0 21 look at what I need to do. 0 22 MR. GRAY: We don't. We don't have any 23 objections. 0 24 THE COURT: Okay. 0 25 MR. GRAY: Actually, his print guy is here, DENISE C.PHILLIPS, CSR hl-~--`` ·------·~-~---~---``~--0``-``-``J;````~T````-``-E_R___________~-- _______ 0 9 0 1 so I'll just take a minute. THE COURT: All right. That will be fine. 2 B 3 (Brief pause.) 0 4 5 MR. GRAY: Sorry about that, Judge; but that saved us about 30 minutes of testimony. 0 6 THE COURT: Thank you very much. So, you 7 got it done, then? 0 8 MR. GRAY: Yes, sir. 0 9 (Off-the-record discussion.) 10 MR. CALVERT: Judge; can we take up another 0 11 brief matter? B 12 13 THE COURT: MR. CALVERT: Yes, sir. The witness for this 0 14 particular thing is not here, but I've talked to Earl, and 15 he's read the report, and I think we can pretty well 0 16 represent to the Court what it's going to·be. 0 17 One of the things that the State intends to 18. introduce during the -- our case-in-chief is, as Your 0 19 Honor is aware, the Defendant is charged with felon in 20 possession of a firearm. 0 21 On August 29th, he was over in the jail and 0 22 23 had a -- essentially what it was is his bunk area was in disorder. A detention officer instructed him to clean it 0 24 up. He refused. The detention officer responded that the 0 25 Defendant needed to follow the rules, and the Defendant's DENISE C.PHILLIPS, CSR -Q~. ---------- ----------------'---``-~·~·~·``~:r-````~T````.:``------------·-- -·~·------ 0 8 10 [J 1 response to that was, "I don't follow rules. I'm in here 2 for not following the rulesi and so, I'm not going to 0 3 start now." 0· 4 5 My intent of course, the focus of the testimony that I intend to introduce during our 0 6 case-in-chief is the Defendant's statement as he's in jail 7 on this charge that "I'm in here for not following the 0 8 rules." 0 9 I did not intend to go into the details of 10 like what the disciplinary infraction was or -- there was 0 11 some other stuff that happened after that. The 5 12 13 confrontation kind of escalated with the jailer at that point. I'm not going into that. 0 14 Essentially, what the testimony will amount 15 to with the detention officer is I will ask him, "Did you 0 16 have occasion to have a conversation with the Defendant 0 17 about -- or did you instruct him to do something?" 18 "Yes, I did." 0 19 "And did you instruct him to follow the 0 20 21 rules?" "Yes, I did. " G 22 "And what was his response when you told him 23 he needed to follow the rules?" 0 24 And it will be that one statement, and 0 25 that's all it's going to be, Judge. DENISE C.PHILLIPS, CSR - Q' ---~-~-- OFFICIAL COURT REPORTER ------------------2·"7-2-NI)--D"rSTR-I-C::T--eoURT--~--------~-- 0 0 11 [l 1 I talked to Earl at that time, and he 2 indicated he might have an objection to that, and we 0 3 wanted to take it up now so we didn't waste the jury's 0 4 5 time later. THE COURT: All right. 0 6 MR. GRAY: And just for the record, what's 7 the guy's last name? 0 8 MR. CALVERT: His name is Lakesh, 0 9 L-A-K-E-S-H, McKinney, M-C-K-I-N-N-E-Y. 10 THE COURT: So, you're saying that was a 0 11 custodial statement that was not due to interrogation -- 0- 12 13 MR. CALVERT: THE COURT: Correct. -- that was an admission of 0 14 guilt? n 15 16 MR. CALVERT: Correct. THE COURT: ·All right. 0 17 MR. GRAY: Judge, we'd object on a couple of 18 grounds. One would be relevance. How does that in any 0 19 way help their case as to guilt or innocence? Such a generalized statement as "I don't follow the r~les," ·or Q 20 21 "I'm in here because I don't follow the rules," you know, 0 22 it's too general. It's not specific as to this particular 23 case. 0 24 He also -- because he's on parole, he also 0 25 had a Blue Warrant. So, he could be referencing not DENISE C.PHILLIPS, CSR ll OFFICIAL COURT REPORTER -d~-------- -----~--~--~----2"72ND-DTSTRICT-COURT ______________ - - - - - - - - 0 0 12 [1 1 following the rules as to his parole. 2 The problem with this is that -- and the 0 3 context is going to place him in a jail cell. And that's 0 4 5 unduly prejudicial. If they're going to know that he is in custody, that he's in a jail cell, I mean, we might as 0 6 well take the clothes that I got him and replace them with 7 the orange jumpsuit and put handcuffs on him in front of 0 8 the jury. D 9 I just don't think when you use the 10 balancing test, the 403 balancing test, I think the 0 11 prejudice very much outweighs any probative value of that 0 12 13 statement. And, again, it•s·so general. We don't know 0 14 exactly what he was talking about. ~et~ 15 THE COURT: Was he in jail for anything else f- ~I f ~t ~1 'il 0 0 16 17 other than thi:pa::::::~ c::s:a:fn::~i:::g:/V~eU``~·:;J````~ ~ 18 originally been incarcerated from February until, I 1t-. ! - 0 19 believe, it was sometime in March or April on the Blu1= ·._ ;.·. ;i; 0 20 warrant, and then he got out. And then he was out, fi~e';~· ~\J -~ J: . ·. 21 a month; and then he ~n~ back in -)hen ~e got i:rrc;Iict\d ofL -~. ~(II'- ~ J?~ 0 22 this case. \-C) ,,~DVfc~ .,`` vl c``lJ t\-~r)-/1PI f~6r~ ~\~) {~c-' r-orJ'? YJ c,lr- 'K'(/f" 11' I"' \~11J ·1,)'. ~\t ~ 1 23 So, ~he only thing he was in for at the time 0 24 of this incident we're talking about was this particular 0 25 offense. He does have a parole revocation pending; but DENISE C.PHILLIPS, CSR 8------------- ----------------------``-~-~-````~-````~T````-``-E_R ______________________ ---------------- u u 13 0 1 the -- as I understand it, the sole basis for that 2 revocation is this case. 0 3 MR. GRAY: But, Judge, he was also -- he was 0 4 5 also arrested however at that time for -- for an arrest warrant -- an arrest warrant for burglary of a habitation. 0 6 MR. CALVERT: He .was, Judge. That's 7 -correct. 0 8 MR. GRAY: And so, that ultimately was 0 9 dismissed or refused. So, maybe that's not following the 10 rules. And then the D.A. •s Office ultimately dismissed 0 11 that case. "8 12 13 THE COURT: the burglary of a habitation? Now, what he was in jail for 0 14 MR. GRAY: Yes, that's why he was arrested. 15 MR. CALVERT: He got arrested originally 0 16 when this offense occurred, he was placed under arrest on 0 17 a warrant for burglary. That case was never prosecuted. . \. 18 He got out of jail subsequent to that and then went back \ . (:~?' .. 0 19 in jail at the time he got indicted for thi's"case >-::;.,_ ., ····· · 20 ·And it was about three months after he w~:k\V~;~p~r' 0 21 indi~ted on this case that this conversation ~e're talking 0 22 about happened. And by that point, the burglary case was 23 long since declined or whatever they did with it. 0 24 THE COURT: What do you say about his - 0 25 probative/prejudice argument? DENISE C.PHILLIPS, CSR -0---- -- ------- -- ··----------·------0~-~;````~I-``~-``T``````-E__R_________________ --------- fJ 14 Q_ 1 MR. CALVERT: Judge, I think we limit the 2 prejudicial effect by, of course, limiting the 0 3 conversation to, you know, not a description of what was 0 4 5 going on; and we do not talk about any of the escalation that happened after that. 0 6 THE COURT: I understand you limit it, but 7 is the limited portion even 0 8 MR. CALVERT: I don't believe it is, Judge. 0 9 THE COURT: prohibitive of the rules. 10 MR. CALVERT: I don't believe it is, Judge. 0 11 I think in order for it to be admissible -- or excuse me, 8 12 13 inadmissible, the probative effect has to substantially outweigh any -- or excuse me -- the prejudicial effect has 0 14 to substantially outweigh the probative value. 15 The probative value in this case is you have n 16 a defendant who's in jail on this particular offense, 0 17 which it's my understanding is -- their defense is going 18 to be it was not his gun. He didn't even know it was 0 19 there. It belonged to someone else. And yet under those u 20 21 circumstances and in the context of that defense, you have him telling somebody "I'm in here for not following the 0 22 rules." 23 And I think just doing an analysis of it, 0 24 Judge, I don't think that it would be appropriate to find 0 • 25 that the -- the substantial probative value of that DENISE C,PHILLIPS, CSR fl' OFFICIAL -q -------·----- --·---·----·---··-----·--z7 COURT REPORTER 2ND-DISTRICT--COURT-----·----------~·----~--- 0 u 15 0 1 conversation is substantially outweighed by any u 2 probative -- prejudicial effect that it would have. 3 MR. GRAY: What was the date on the -- MR. CALVERT: August 29th, I believe, late fl 4 5 August. 0 6 MR. GRAY: Judge, again, I just think -- I 7 think a small amount of probative value is not worth the 0 8 prejudicial effect. Again, it's going to be a comment on 0 9 him being incarcerated for this -- for these other 10 offenses. 0 11 You know, we just can't -- we just can't D 12 13 know what he was referring to because it's not really taken in context. I mean, if he was talking about some 0 14 specific acts or specific offense, then maybe so. But 15 it•s just too general. 0 16 THE COURT: All right. The objection is 0 17 overruled. 18 Ready to bring the jury out? 0 19 MR. GRAY: We're ready, Judge. 0 20 21 MR. CALVERT: THE COURT: We'll be momentarily, Judge. All right. 0 22 I'll give you a running objection to all the 23 jail incident .. 0 24 MR. GRAY: Okay. Thank you, Judge. ·o 25 MR. CALVERT: I believe we're ready. DENISE C.PHILLIPS, CSR u-·------- - ··----------------------0~-~-~-~-``~T````~T````:~-ER_____________ ---------- [] 0 16 n i 1 2 Actually, before the jury comes in comes in, Judge, before the jury I was going to offer for record ptirposes 0 3 only, State's Exhibits 1 and 2. These are certified 8 4 5 copies of the arrest warrants for the Defendant and Monishia Campbell, that they were stopped and arrested for 0 6 on the date of the offense. This was the basis for the 7 initial detention and the arrest which ultimately led to 0 8 the inventory search. It's my understanding Mr. Gray has 0 9 filed a motion to suppress. And for that purpose, I'm 10 offering State's Exhibits 1 and 2 for record purposes 0 11 only. These will not go back to the jury. 0 12 13 (State's Exhibits No. 1 and 2, Arrest Warrants, offered for record purposes only.) 0 14 MR. GRAY: Judge, we agree it shouldn't go 15 to the jury, but we would also object that it's hearsay. 0 16 If they want to have an officer come up and testify as to D 17 some of this in a separate hearing outside the presence of u 18 the jury, that's one thing; but we're not going to agree 19 to -- 0 20 21 THE COURT: motion to suppress? Now, is hearsay admissible in a 0 22 MR. CALVERT: It is, Judge. And also, these 23 are not the affidavits. These are certified copies of the 0 24 actual warrants, which it's always been my experience if 0 25 you're challenging a detention or search DENISE C.PHILLIPS, CSR ~ased on a 8----------- OFFICIAL COURT REPORTER --------------~------------------272ND-DISTRTCT-COURT~-----~------------ ------------·- D ·' 0 17 0-. 1 warrant, we need to be ready with a certified copy of the 2 warrant; and that's what those are. 0 3 MR. GRAY: And, Judge, we're not attacking 8 4 5 those warrants. That's not going to be our basis for the suppression hearing. 0 6 THE COURT: Okay. 7 MR. GRAY: We're not saying those weren't 0 8 valid warrants. So, we would, therefore, argue as to it's 0 9 not relevant; and it's -- well, it's not relevant. But if 10 they have -- if they have the testimony, that's fine. But 0 11 then, this would be cumulative even in front of you. D 12 13 We're not attacking the validity of the arrest warrants. I don't -- I don't know what the purpose in introducing -- 0 14 (Noise in courtroom.) 15 THE COURT: We're going to have that D 16 stopped.· That's too loud. 0 17 MR. GRAY: So ~- but we agree it shouldn't 18 go in front of the jury. 0 19 THE COURT: I don't understand. Why are you 0 20 21 offering these warrants? MR. CALVERT: Judge, Mr. Gray said yesterday 0 22 that he was moving to suppress the evidence in this case 23 based upon -- what he told the Court yesterday was based 8 24 upon the detention and the subsequent inventory search, Q 25 and that was what he advised the Court, and that was what . DENISE C.PHILLIPS, CSR n .· OFFICIAL COURT REPORTER o··-----·--·- ----·--·-·----------·--··----272ND-··nrSTRTCT--COURT-----·------~--- ·--.------ 0 0 18 o. ·r 1 he, you know, advised us. That he '·S challenging the 2 initial detention. 0 3 The sole basis for the initial detention was 0 4 5 those warrants. see him speeding. It wasn't a traffic stop. They were out there specifically to -- They didn't 0 6 the Sheriff's office was out there specifically to execute 7 those warrants on those two individuals. 0 8 THE COURT: Uh-huh. 0 9 MR. CALVERT: They located them driving the 10 vehicle, and that was the one ~nd only reason they stopped Q 11 them. ft \--6 ~J"f } v:.. y \ ' cJ \) > ·o 12 13 THE COURT: front of the jury, just for purposes And you're not offering these in 0 14 MR. CALVERT: Just for record·purposes, just 15 for purposes of the motion to suppress. G 16 THE COURT: Yeah: 0 17 18 MR. GRAY: Judge, you know, to -- I'm not going to allow hearsay to come in. we -- I am going I am 0 19 going t~ obj~ct ~o he~ay. If an officer is talking 0 20 21 about what other officers said in regards to the stop. But I'm not attacking the validity of those arrest D 22 warrants. That's not where I'm going at all. g 23 24 THE COURT: of the -- or the -- You're attacking the existence D 25 MR. GRAY: The arrest warrants? DENISE C.PHILLIPS, CSR No, not at g_____________ --------~------````````T````~T``````ER ---~---~------ _______ _ D u 19 Q__ 1 all. Just the basis for the stop. I mean, just because 2 an arrest warrant existed, how did that officer find out 8 3 that information? Was he told it on the street? Did he 0 4 5 get it from dispatch? THE COURT: Was it All right. 0 6 MR. GRAY: quadruple hearsay. Because 7 those kind of things I wi~l object to. 0 8 THE COURT: I'm going to overrule your 0 9 objection. 10 Anything else? 0 11 MR. CALVERT: No, sir. 8 12 13 THE COURT: Those are admitted for purposes of the motion to suppress only outside.the presence of the 0 ·) 14 jury. 15 (State's Exhibits No. 1 and 2 admitted.} 0 16 MR. CALVERT: That's correct, Judge. 0 17 THE COURT: Now, do we have a stipulation to 18 something? 0 19 MR. CALVERT: We do, Judge. 20 THE COURT: Now, as I understand, the D 21 stipulation in the midst of a trial has got to be in D 22 writing. 23 MR. CALVERT: It is in writing, and it's 8 24 signed. And I was going to it's marked as State's D 25 Exhibit No. 14, and I plan on offering it into evidence DENISE C.PHILLIPS, CSR 11-~---- ------- ----------------------;;````~I``~-``T````:;``------------- --~----------- 0 D 0 20 ·0-., 1 for all purposes later in the trial. 2 (State's Exhibit No. 14, Stipulation, 0 3 offered.) 0 4 5 stipulation? THE COURT: And you have no objection to the D 6 MR. GRAY: No, Judge, but I'd like to ask 7 him some questions first. 0 8 THE COURT: All right. Raise your.right D 9 hand, Mr. Greer. 10 (Witness sworn.) 0 11 MR. GRAY: Mr. Greer, I explained to you 8 - 12 13 basically the pros and cons of this stipulation as to the prior conviction as well as the -- this offense occurring 0 14 prior to the expiration of five years from the 15 anniversary -- the fifth anniversary after you were D 16 through in regards to supervisioni is that right? 0 17 18 THE DEFENDANT: MR. GRAY: Okay. Yes. One way they can prove 0 19 it -- they can prove it a couple of ways. They can bring ·a 20 21 in your parole officer to testify that you're the same person that's on parole. That's one way to do it. 0 22 Quite often, however, what they'll do, a 23 simpler and quicker way is through the Judgment and 8 24 Sentence process, with a penitentiary packet. I had 0 25 indicated to you that I did have some issues with the DENISE C.PHILLIPS, CSR -8:-=------- ----------------````;``~r-````·~T``````~R____________________ 0 21 0-- r· 1 fingerprints, and I had actually called one of my 2 fingerprint experts in Houston and visited with him 0 3 yesterday. D 4 5 THE DEFENDANT: MR. GRAY: Uh-huh. He indicated the number of points D 6 that he would like to see, which would be eight. I have 7 visited with their expert, and he saw between 15 and 20 0 8 points on the print. 0 9 With that information, I believe it would be 10 better strategy to go ahead to stipulate to this, such L1 11 that the jury doe~ not find out what the actual sentence 0 12 13 was, which was 40 years. THE DEFENDANT: Uh-huh. 0 .I 14 :.... _.MR. GRAY: This also removes any possibility 15 that they would see any type of enhancement paragraphs as D 16 far as those other two convictions that got you to that 0 17 18 point. Does that make sense? THE DEFENDANT: Yes, sir. 0 19 MR. GRAY: And so, I just want to make sure, D.. 20 21 you know, this is something we're giving up; but I want to make sure this is what you want to do as far as your 0 22 stipulation. 23 THE DEFENDANT: Yeah. 8 24 MR. GRAY: Okay. That's all I have, Judge. 0 25 THE COURT: All right. DENISE C.PHILLIPS, CSR The stipulation is U-``-- -~-- -------------------- 0````````[-````~T````:``R-----``------------ -``--------~ D 22 D 1 admitted. 2 {State's Exhibit No. 14 admitted.) 8 3 You ready to bring the jury out? B 4 5 MR. CALVERT: THE COURT: Yes, sir. Bring them out. D 6 {Jury seat~d.) 7 THE COURT: Have a seat. D 8 All right. Ladies and gentlemen, raise your 0 10 9 right hand and let me swear you in. {Jury sworn.) D 11 THE COURT: All right. 0 12 13 indictment. We'll now have the reading of the 0 14 {Indictment presented.) 15 THE COURT: Mr. Greer; how do you plead to 0 16 that indictment? 0 17 18 THE DEFENDANT: THE COURT: Not guilty, sir. All right. - A not guilty plea 0 19 will be noted. 20 We'll now have opening statements of B 21 counsel. Go ahead, sir. u 22 MR. CALVERT: Thank you, Judge. 23 OPENING STATEMENT BY MR. CALVERT 0 24 MR. CALVERT: February 16th of this year, 0 25 there were arrest warrants that had been issued for this DENISE C.PHILLIPS, CSR n .· OFFICIAL COURT REPORTER -tj--- --··--·---- -------------- ------·-------2-9-2NB--B-I-STRI-CT-C0URT---------------------- ·---------------- 0 ] 23 1 1 individual, Dave Greer, and his girlfriend, Monishia 2 Campbell. The -- a number of deputies from the Brazos ~ J County Sheriff's Office were out that day looking for 3 4 Mr. Gr-eer and Ms. Campbell to serve those warrants, to J 5 execute those warrants and place them under arrest. j 6 Mr. Greer and Ms. Campbell were located together. They were in Mr. Greer's pickup. He owns it. } 7 8 The deputies see them driving the pickup and initiated a 1 9 traffic stop. It's not a traffic stop like somebody was 10 speeding. They knew that these individuals had arrest J 11 warrants, and that's what they were ~topping them for was l 12 13 to execute these warrants. .-··' ``ey -: ...:·' saw who was in the vehicle. They \ J i 14 recognized _.,.-._ them, and they knew who they were looking for. 15 And so, they get behind them. They turn the emE;!rgency J 16 lights on. There's a number of Sheriff's vehicles there. l 17 Some of them are marked, and some of them not marked. 18 The Defendant is driving. Monishia Campbell l 19 is in the passenger seat. They don't stop immediately 20 when the lights go on. They keep driving a little biti 1 21 and then, eventually, an unmarked Sheriff's Office car or l 22 van actually, pulls kind of in front of them, boxes them 23 in. l 24 And you're going to see video of it. t 25 Officers get out. They're executing the warrants. They DENISE C.PHILLIPS, CSR ~ -------- OFFICIAL COURT REPORTER ------------------------------2-121-JD D-I STRI CTCOUR---or---------------- l 1 24 l 1 get out with weapons drawn, and they remove the Defendant 2 and Ms. Campbell from the truck. } 3 They're going to jail on those warrants. 4 The truck is there sitting in the road and pursuant to J 5 Sheriff's Office policy, like virtually every other law J 6 enforcement agency, if a vehicle is going to be towed 7 you can•.t just leave a vehicle sitting out in public. j 8 They have a policy that that vehicle has to have what's 1 9 called an inventory done where officers go in, and they 10 literally make an inventory of everything in the vehicle 1 11 that's going to be towed and taken to the tow yard or the l 12 13 wrecking yard. That protects the officers if something 1 14 turns up missing. It also protects the property of the 15 people who own it, the people whose property is being I 16 towed away. l 17 So, the officers go in; and they're doing an 18 inventory on the truck. And there's a lot of stuff in the '1 19 truck, and you'll see photographs of it and hear testimony ~ 20 about.it. And as they're going through, one of the things 21 that they find you'll hear that Monishia Campbell had f 22 some stuff in the truck. She had a purse and, like, a 23 duffle bag with some of her clothing in it. And then ~ 24 there was some equipment, like, a winch and a jack and t 25 various other things. r-.------- DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRI.~C=T,~C~O~U=R~T=--------~------ r 0 25 u 1 2 But then one of the_ things they find kind of in the backseat of this truck is a large black men's 8 3 leather jacket. And you'll see pictures of it and the 0 4 5 jacket itself. And when they go to pick that jacket up to do the inventory search, they realize it feels kind of D 6 heavy, and they start going through the pockets of it, and 7 they find a pistol. They find a gun in the -- I believe D 8 in the right-hand front pocket on the jacket. 0 10 9 It was his jacket, and it was his vehicle. And that's what bring us here today. You're going to hear 0 11 evidence -- and I believe the Defense is going to ·o 12 13 stipulate that he is a convicted felon.· convicted of possession of methamphetamine out of Grimes That he was 0 14 County, and that we are still within -- the offense date 15' n 16 of that is February 16th -- was still within that time frame that we talked about yesterday during jury 0 17 18 selection, prior to five years going by after he'd been discharged from supervision. D 19 So, again, what you're going to hear from 20 the evidence in this case is that the Defendant, who is a D ' 21 convicted felon, had in his possession, in his vehicle, in Q 22 his jacket, a .22 caliber pistol. 23 Now, I anticipate you're going to hear from D 24 Monishia Campbell in this trial. And to be honest with 0 25 you, I'm not 100 percent sure exactly what she's going to DENISE C.PHILLIPS, CSR rt OFFICIAL COURT REPORTER bf - --- ~-- --~- -``·--------- --------~---~----~-2-7-2ND--D-IS'I'-R-I-G-T--GOU-R-T----~-------------------~ ---~------------- ---·- 0 n 26 Q. 1 tell you. But I will tell you that I anticipate whatever 2 she says today is probably going to be good for him 8 3 because Monishia Campbell does not want him in trouble. 8 4 5 Monishia Campbell is not a convicted felon. And so, I believe you're probably going to hear Monishia D 6 Campbell come in and try to say it was her gun. But the 7 evidence is going to show you otherwise. 0 8 And at the end of this case, I'm going to 0 9 ask you to go back there and find the Defendant guilty. 10 THE COURT: Mr. Gray, do you care to make an u 11 opening statement? 0 12 13 MR. GRAY: THE COURT: Reserve. All right. 0 14 Call your first. 15 MR. CALVERT: Terry Young. 0 16. (Witness sworn.) ,Q 17 THE COURT: Have a seat. n 18 Go right ahead. 19 MR. CALVERT: Thank you, Judge. 0 20 21 TERRY YOUNG I having been first duly sworn, testified as follows: D 22 DIRECT EXAMINATION 23 BY MR. CALVERT: D 24 Q. Good afternoon -- or morning, sir. Would you 0 25 introduce yourself to the members of the jury, please? DENISE C.PHILLIPS, CSR u· __ OFFICIAL COURT REPORTER ----I----------------2-7-2ND-DTS-TRIC.'I'-COUR-T------------I-------- .0 0 27 0- 1 A. Q. My name is Terry Young. And, Terry, what do you do for a living? 2 8 'm an investigator with the Brazos County 0 4 5 Sheriff's Office. Q. How long have you been a cop? 0 6 A. Q. Since 1978. And how long have you been specifically with 7 0 8 Brazos County? 0
9 A. I've been with Brazos County since February of 10 2005. 0! 11 Q. Where were you before?
12 A. Iwas with a Narcotics task force in Central 'G 13 Texas. 0 14 Q. Within Brazos County Sheriff's Office, what 15 division or what unit are you assigned to? D 1
6 A. I'm with the Criminal Investigation Division. D 17 18 Q. All right. and what that is. Describe for the jury what that means D 19 A. Criminal Investigation Division is like what you 0. 20 21 see on TV. It's the investigators, the detectives of the department, do all the follow-up on different offenses D 22 that occur and try to do the more in-depth investigation 23 on cases. 10 24 Q. So, you're a detective or investigator for lack 0 25 of a better word, right? DENISE C.PHILLIPS, CSR r1 ··"' OFFICIAL COURT REPORTER I I -g···--------- ---------~--2-7-~N-B--D-xST-R-IeT-C::0URT----------·------ -----~- 0 28 1 A. Yes, sir. 2 Q. Okay. How long have you been doing that type of .3 work as opposed to street-level patrol work?
4 A. Iguess an easy 15 years. 5 Q. Okay. And you said you've been a police officer 6 total for how many years? 7 A. Since 1978. 8 Q. Okay. So one or two years? 0 9 A. One or two. 10 Q. Obviously, a lot of training in that time, right? 0 11 A. Yes, sir. 12 Q. A lot of experience in that time? D 13 A. Yes, sir. 0 14 Q. On a variety of different areas? 15 A. Yes, sir. 0 16 Q. Including firearms? Do you have training in n 17 18 firearms? A. Yes, sir. 0 19 Q. I want to take you back to February 16th of this 0. 20 21 year. A. Were you on duty that day? Yes, sir, I was. 0 22 Q. And did you have occasion to participate in and 23 help execute some arrest warrants on some individuals D 24 named David Greer and Monishia Campbell? D 25 A. Yes, sir, I did. DENISE C.PHILLIPS, CSR _Q__· _______ --------------0---;~!~-````~-~.``````:``-:``R_______________ Q \J 29 o. 1 2 Q. And the person that you know as David Greer, do you see that individual in the courtroom here today? 0 3 A. Yes, sir, I do. 0 4 5 Q. Would you please point to him and describe an article of clothing that he's wearing? D 6 A. He's sitting over here at the Defense table 7 wearing. a tan shirt, and he has a ponytail. 0 8 MR. CALVERT: Judge, I ask that the record 0 9 reflect he has identified the Defendant? 10 THE COURT: So J}Oted ~-- 0 11 Q. (By Mr. Calvert)· Now, you're a -- you said you're D 12 13 a detective. A. Correct. You're an investigator, right? 0 14 Q. I So, can we agree that you don't normally go out 15 and, like, pull people over for speeding or things like 0 16 that. You're not driving around in a marked patrol car. 0
17 A.That is correct, sir. 18 Q. Okay. On this particular occasion, who all was 0 19 with you when you went out to serve these warrants on David Greer and Ms. Campbell? 0 20 21 A. There were several members of the Criminal a 22 23 Investigation Division. I could probably list them all if you want, but there was probably at least six of us. 0 24 Q~ Okay. How many vehicles were involved? ,Q 25 A. Probably at least that many. Everybody was DENISE C.PHILLIPS, CSR f} . OFFICIAL COURT REPORTER ld, ``- --·- -.--- -----·--------~------------2-7·2-N-B--D-I~S-'F-R-IG-T-GOUR.!f-----~------------`` -------~------ D 30 probably one to a vehicle, to the best of my memory. And then, we also had a couple of marked patrol units with uniformed officers. Q. And now, at some point, were y'all kind of concentrating your -- your efforts to locate the Defendant and Ms. Campbell in one particular area of town? A. Yes, sir, we were. Q. And where was that? A. That was around the 31st Street, I believe it is, area. Q. In what city? A. In Bryan. Q. And silly question, but I have to ask it. Is that area of town that you're talking about, is that located in Brazos County? A. Yes, sir, it is. Q. Is it also located in the State of Texas? A. Yes, it is. Q. While y'all were out there kind of searching that area for the Defendant and Ms. Campbell, did y'all see them and kind of make contact with~th~fu~ .,·.·-. - . \:.:- A. Yes, sir, we did. < Q. And were they in a vehicle? A. Yes, sir, they were. Q. Whose vehicle? DENISE C.PHILLIPS, CSR ``~-~-~- ~------------~---------0~-~-~-````±````~T R:``-``-_,_E_R_______________,____________ 1 31 J 1 A. They were in a black Ranger pickup that comes 2 back registered to Greer. 3 4 Q. A. Okay. Yes/ sir/ it was. - And did y'all recognize -- it was daytime? 5 Q. Okay. Did y'all re8ognize -- just from being 6 ----- able to see who was in the truck? 7 A. Yes 1 sir/ we did. 8 Q. And who was that?
9 A. It was Mr. Greer and Ms. Campbell. 10 Q. And are they in a relationship; or at the time/ 11 were they in a relationship? i)'· 12 A. That's what I understood/ sir. !I L}: 13 Q. Okay. Was there anybody else in the truck? 14 A. No 1 sir. 15 Q. What 1 if anything/ did y'all do once the 16 Defendant and Ms .. Campbell had been identified as the 17 people y'all were looking for? 18 A. Once we had identified them that they were -- we 19 saw that they were in the vehicle and that the vehicle was 20 driving down the roadway/ ~ had patrol units pull them 21 over for the purpose of executing the arrest warrants. 22 Q. Okay. And you say "patrol units." Does that 23 mean like the marked police cars that we see driving 24 around? I 25 A. Yes 1 sir/ it does. DENISE C.PHILLIPS 1 CSR ~ _________· . ---~----------0--.~-~-~-~-``~I-````~T R:````f--E--R---~--~---~--- 1 32 Q. Where are the unmarked cars while that. stop is }---. 1 2 being made? 1 3 A. we·`` . ,.- ,. at various locations behind, beside ~nd ·:c..,. 4 just kind of around the area of where the -- everything ;} 5 is. ) 6 Q. So, all those vehicles that you described 7 earlier, the marked cars and the unmarked cars, are they '~ 1. 8 all kind of right there together? } 9 A. Yes, sir. 10 Q. Okay. What happened when the -- I guess, the ~ 11 lead police car got behind the Defendant's truck and 12 turned the lights on? Did the Defendant immediately stop? ~- 13 A. No, sir, it looked like it took approximately a 14 block for him to go ahead and pull over and stop. b ; 15 Q. Okay. Were there places he could have pulled u 16 over prior to the time that he did? ~-- - .. - . - .- -- . J
17 A.Yes, sir, there was. 18 Q. Ultimately, did any of y'all's vehicles, the ~ 19 Sheriff•s.Office vehicles, do anything to kind of 20 facilitate getting that truck stopped? u 21 A. Yes, sir. A :} 22 Q. What happened? 23 A. One of the other vehicles, a black Tahoe, ended J 24 up pulling in front of the vehicle and pulling over and 1 25 stopping, and the driver of that vehicle actually ended up DENISE C.PHILLIPS, CSR T~-- ----------------- ----````````1````-~T-````~-~-E-R---~--------·---------~ } 33 l 1 at gunpoint hel~ing stop the vehicle. 2 Q. Okay. So, using the cars, did y'all kind of.box } 3 the truck in? l 4 5 A. Q. Yes, Okay. sir. And you said something about gunpoint. } 6 Y'all were executing a warrant. Did officers get out with t '-' 7 weapons drawn pointed at the Defendant's truck? 1 8 A. Some did~ yes, sir. ) 9 Q. Okay. And at that point in time, were both the 10 Deferidant and Ms. Campbell arrested and taken into custody 11 11 on those warrants? 12 A. Yes, sir, they were. J 13 Q. Now~ I'm ~oing to 14 MR. CALVERT: May I approach the witness, 15 Judge? ~ 16 THE COURT: Yes, sir. 17 Q. (By Mr. Calvert} I'm going to show you what's been J ~ 18 marked for identification purposes as State's Exhibit .} 19 No. 3. Have ·you reviewed that video of the stop? 20 A. Yes, sir, I have. ~ 21 Q. And is that a fair and accurate recording of what } 22 happened in terms of what y'all could see in the movement 23 of the vehicles? I 24 A. Yes, sir. 25 } Q. Okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 1-------~·- -------------,-------2-7-2-N·B-DI-S'I'R-H~-T-GGUR'I''---------------- ------- ~ . 34 1 MR. CALVERT: Judge, we would offer State's 2 Exhibit 3. This has previously been provided to Defense 3 counsel. 4 (State's Exhibit No. 3, Video, offered.) 5 MR. GRAY: No objection. 6 THE COURT: That will be admitted. 7 (State's Exhibit No. 3 admitted.) 8 MR. CALVERT: Permission to publish State's 9 Exhibit 3, Judge? 10 MR. GRAY: No objection as previously 11 agreed. 12 MR. CALVERT: Judge';'''\t.h~ p
nventory, we're just going through and making a 4 list of all the items that are in the vehicle so that we 5 can show that this is what was present in it when it was 6 picked up by the wrecker. 7 Q. The -- we're having some computer problems over 8 here, so we're going to go get a replacement and then 9 watch the video. Okay? 10 A. Yes, sir. 11 Q. After the arrests were made, did -- did you and 12 other officers engage in an inventory search like you're 13 talking about to document all the property that's in there J 14 to protect you and protect Mr. Greer? 15 A. Yes, sir, we did inventory the vehicle. } 16 Q. And describe for me how that works. 17 Procedurally, how do you go about doing an inventory 18 search. 19 A. We have a specific form that the Department has 20 that as we go through and inventory the vehicle, items 21 that are found in it are listed on it. We also have a 22 description of the vehicle to include the tag number and 23 the color, who was operating the vehicle at the time. 24 Q. Now, would it be correct in saying because this 25 is an inventory and not an evidence search, y'all's DENISE C.PHILLIPS, CSR }--~-~- - - - - - - - - - - - - --------``-~-~-~-``~-r``~-~-~T``~-~-````------------1----------- ] 37 l 1 policies limit you to, like, the passenger compartment, 2 the trunk, the glove box, under the hood. You can't J 3 starting ripping seats out or anything like that? ] 4 A. That is correct. 5 Q. Okay. Did you participate in the inventory } 6 search on the Defendant's truck? 7 A. Yes, I participated in the inventory. J 8 Q. Describe for me and describe for the jury the lj 9 condition of that truck and what it looked like, you know, 10 when you started getting in there looking through it? ~
11 A. It's a small truck, kind of an extended-cab Ford 12 Ranger pickup; so, it's not a large passenger compartment. J 13 And there was a lot of items that were stacked up in J 14 there. 15 Q. Let's start, first of all, with the bed of the J 16 truck. What kind of stuff was in the bed of truck?
17 A. Ican remember a power winch, seems like pieces J 18 of metal, various, I think, tools, such as that. J 19 Q. Okay. In the cab of the truck is it is 20 that like a full-sized backseat or what's the J 21 A. No, it's a small compartment. I can't remember J 22 if it had jump seats or a small fold-down bench, but it's 23 just a small extended area behind the seats in the J 24 vehicle. ~ 25 Q. What kind of items did you find in the cab of the DENISE C.PHILLIPS, CSR J---~------ OFFICIAL COURT REPORTER ~----``----------2-7 2-ND-DTSTRTCT-COURT--------------------- ---------- } 38 lJ- 1 truck? What kind of condition was the cab of the truck? 2 A. All kinds of clothing, just various items, a J 3 cane, a bag that had a lot more clothing in it. ~ 4 Q. Now, at one point -- well, let me back up a step. 5 You're doing the inventory yourself, right? ~
6 A. I'm one of the ones doing the inventory, yes. 7 Q. You described that you found a bag with some 1 8 clothing in it, right? ~ 9 A. Yes, sir. 10 Q. The clothing that was in that bag, did it appear ~ 11 to belong to Mr. Greer or Ms. Campbell?
12 A. It appeared to belong to Ms. Campbell. J 13 Q. Why do you say that? ~ 14 A. Most of it was women's clothing, and it was very 15 small. 16 Q. Okay. And Ms. Campbell is a little girl, right?
17 A.Yes, she's very petite. 18 Q. With regard to the -- well, did Ms. Campbell, for 19 example, did she have a purse in there? 20 A. Yes. 21 Q. So, it would be fair to say that some of the 22 stuff some of the items that were in the cab of the 23 truck clearly were associated with Ms. Campbell, right? 24 A. Yes, sir. 25 Q. And others were clearly not. Would that be fair? DENISE C.PHILLIPS, CSR l ---· ·----· ---- -·-- OFFICIAL COURT REPORTER CT-COUR T ---------------------~----2-72.:Nn-rrrsTRI --------------------------~ ------·-----·-----· l 39 l 1 A. Yes, sir. 2 Q. At one point, did you recover a -- a large black J 3 leather jacket? 1 cJ 4 A. Yes, sir, I did. 5 Q. And describe for me where that was in the truck. ~
6 A. It was in the back compartment area behind the 7 seats, just laying with the rest of the items that were J 8 back there. J 9 Q. Okay. Was it buried under a bunch of stuff or 10 mixed in with Ms. Campbell's stuff or in her bag of u 11 clothing or anything like that?
12 A. It was laying out there with the rest of the n c.l 13 items that were there. ~ 14 Q. Okay. 1
5 A. It was not in the bag of clothing. ~ 16 Q. While you were doing the inventory search, did ~ 17 you did you pick up that jacket? 18 A. Yes, sir, I did. u 19 Q. Did you notice anything about it when you picked ~ 20 it up? 2
1 A. It seemed a little bit heavier on one side than J 22 the other. 23 Q. Okay. What did you do after you noticed that it ~ 24 was heavier?
25 A. Ichecked the pockets of the jacket. J DENISE C.PHILLIPS, CSR j. -- --------- --------------- OFFICIAL COURT REPORTER 272ND DISTRICT COURT :]' l 40 l 1 Q. When you checked the pockets, what did you find?
2 A. Ifound a small .22 revolver in the pocket. l 3 MR. CALVERT: May I approach the witness, 4 Judge? J 5 THE COURT: You may. j 6 Q. (By Mr. Calvert) I'm going to show you what's been 7 marked for identification purposes as State's Exhibit 10 1 8 and ask you do you recognize that? 9 A. Yes, sir, I do. J 10 Q. And is this the jacket that you pulled out of the ~ 11 Defendant's truck? 12 A. Yes, sir, it is. J 13 Q. And is it in the same or substantially the same ] 14 condition today as it was when you pulled it out of the 15 truck that day? J 16 A. Yes, sir, it is. ij 17 Q. I'm now going to show you what's been marked for 18 identification purposes as State's Exhibit 11 and ask you ~ 19 if you recognize that? 20 A. Yes, sir, I do. 21 Q. Is that the pistol that you pulled out of State's 22 Exhibit No. 10? 23 A. Yes, sir, it is. 24 Q. And is that in the same or substantially the same 25 condition as it was when you found it? I. . DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER . -------- ···- ----- ----------------------------~7 2ND DISTifiCT-COURT 0 41 0 1 A. Yes/ sir. 2 MR. CALVERT: Judger we would offer State's 0 3 Exhibits 10 and 11. Defense counsel has previously had an 0 4 5 opportunity to look at each of these. (State's Exhibit Nos. 10-11 1 Jacket and .22 0 6 Pistolr offered.) 7 MR. GRAY: No additional objections other 0 8 than what we talked about earlier 1 Judge. 0 9 THE COURT: Thank you. That will be 10 admitted. 0 11 (State's Exhibit Nos. 10-11 admitted.) 0 12 13 step down? MR. CALVERT: Your Honor/ may the witness 0 14 THE COURT: Yesr he may. 15 .Q. (By Mr. Calvert) Can you come down here/ Terry? 0 16 A. (Witness complied.) 0 17 Q. NOW 1 this jacket and this pistol -- I'm going to 18 take this -- I've had Ernie check it and make sure it's 0 19 not loaded. 20 It's not loaded/ right? 0 21 A. That's correct/ sir. 0 22 Q. Where was this in this jacket? 2
3 A. It was in this pocket. 0 24 Q. Okay. Now/ I notice on State's 10 1 the jacket/ 0 25 there's a big rip at the bottom of this pocket. Is DENISE C.PHILLIPS 1 CSR -Q-------- ----·---------------0-~-~-````~T``~-``T````:~-E_R ----------------1------- 0 0 42 1 that -- if you put something in there, is it going to 2 eventually come out of the bottom? 3 A. No, sir. Okay. What's poking out there? 0 4 5 Q. A. This is the pocket itself on the inside of the 0 6 jacket. 7 Q. Okay. So, it's just the exterior that's ripped 0 8 and not the interior? 0 9 A. Yes, sir. Thank you, sir. Have a seat. 10 Q. All_ right. 0 11 A. (Witness complied.) 12 Q. A silly question, Terry, but State's Exhibit D 13 No. 11, is that a firearm? 0 14 A. Yes, sir, it is~ 15 MR. CALVERT: Judge, I think we're going to 0 16 go ahead and publish State's No. 3. D 17 18 THE COURT: MR. CALVERT: Has that been admitted? It has, Judge. 0 19 THE COURT: All right. 20 {State's Exhibit No. 3, video, published.) 0 21 Q. (By Mr. Calvert) Terry, !.know it's kind of hard 0 22 to see in the courtroom, but right there (indicating), is 23 that the Defendant? 0 24 A. Yes, sir, it is. 0 25 Q. What is he wearing? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ---- - - - -----------------------------272Nn-nrsTRICT-CC:51.JRT___________________ --------------- n 43 o. , 1 2 A. Q. Wearing a tank top and camouflage pants. Okay. That's February, right? D 3 A. Yes, sir. Q. I notice a lot of you guys were wearing jackets 0 4 5 that day; is that right? 0 6 A. Yes, sir. 7 Q. Was the Defendant wearing any kind of jacket at 0 8 all when y'all took him into custody? 0 9 A. No, sir. 10 Q. Okay. Where are you? Are you in the video right 0 11 now?12 A. I'm on the passenger side? 0 13 Q. You're right over in here (indicating)? 0 14 A. Yes, .sir. 15 Q. Okay. What's going on right here? 0·- 16 A. At this pod:·n.t, they're getting everybody secured. 0 17 Q. Was Ms. Campbell -- was she in the front in the 18 passenger seat? 0 19 A. Yes. 20 Q. Okay. The -- would it be fair to say so we don't 0 21 waste a lot of the jury's time -- the next, you know, 15, 0 22 20 minutes of this video is just kind of this, right? 23 A. Yes, sir. 0 24 Q. It's just y'all walking around -- 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 0------------ - ----------------------0~-``````T````-~T``-````-E_R _______________ ------~- 0 n 44 0-- 1 Q. -- doing stuff with the truck, right? 2 A. Yes, sir. 0 3 Q. All right. Now, right here (indicating), who's 4 that that we're looking at the back of? D 5 A. That's Ms. Campbell. 0 6 Q. Okay. Now, I notice on here she's wearing a 7 coat, right? 0 8 A. Yes, sir. 0 9 Q. Who's that talking with Ms. Campbell? 10 A. That's Investigator Ledesma. 0 11 Q. Rick Ledesma? A. Yes, sir. 0 12 13 Q. Is he another Sheriff's deputy? 0 14 A. Yes, sir. 15 Q. Now, Terry, where are you right now? Is this the 0 16 point in time where y'all are inventorying the truck and 0 17 18 seeing what's all in there? A. Yes, sir, it is. And I am on -- still on the 0 19 passenger's side right there (indicting). 20 Q. Is that you standing basically right inside the 0 21 open passenger's door? 0 22 A. No, I'm standing more toward the back here. I 23 just set a case of some kind up on the side of the truck 0 24 and opened it to look inside it. 0 25 Q. Okay. DENISE C.PHILLIPS, CSR -0~--- ----~-- ---------------- ~-~-````~T````~T``````~-R--~---_-~---~- -``--~- 0 Ll D 45 0
1 A. I'm got a dark jacket. That's me walking -- 2 Q. That's you walking right there (indicating)? D 3 A. Yes, sir. 0 4 5 Q. What are you holding up right there? hard to see on here, but -- I know it's 0
6 A. Ibelieve I'm holding up the black jacket. 7 Q. Okay. 0 8 A. That's what it looks like. Yes, sir. 0 9 Q. Would that be the point in time when you pulled 10 that out of the truck and started going through the 0 11 pockets? A. Yes, sir. 0 12 13 Q. Now, right there, was that your hand that we saw 0 14 reach up on top of the truck? 15 A. Yes, sir, it was. 0 16 Q. What was that? 0 17 18 A. That was the pistol I found. the roof of the truck for safekeeping. I was setting it on 0 19 Q. Okay. So, that was -- was that literally the 20 moment when you found that gun and pulled it out of that 0 21 jacket that you were holding up? D 22 A. Yes, sir. 23 Q. okay. Now -- 0 24 MR. CALVERT: M~y I approach the witness, 0 25 Judge? DENISE C.PHILLIPS, CSR -8-------- OFFICIAL COURT REPORTER -----------------z72ND-DrSTRTCT-COURT ________________, 0 [J 46 0 1 THE COURT: Yes, sir. 2 Q. (By Mr. Calvert} I'm going to show you -~well, 0 3 let me show you State's Exhibit No. 11 again. Now, this 4 is that gun we just saw you take out of the jacket and put D 5 on the truck, right? 0 6 A. Yes, sir, it is. 7 Q. Now, I notice that it's got some appears to be 0 8 powder kind of all over it. Can you tell me what that is? 0 9 A. That is part of the fingerprinting process. It's 10 some residue left from it. 0 11 Q. Did you and other officers try to lift 12 fingerprints off that weapon to see if there were any 0 13 there? 0 14 A. Yes, sir, we did. 15 Q. Let me back up for a step. You watch TV, right? 0 16 A. Yes. 0 17 18 right? Q. And "CSI" is exactly how it is in real life, 0 19 A. No, sir. 20 Q. No. With regards to fingerprints, is it -- is it 0 21 easy, or is it even common to actually find fingerprints 0 22 on something like a gun? 2
3 A. It's common to find maybe little partial pieces. 0 24 Q. Let me clarify what I'm talking about. That was D 25 a bad question. .DENISE C.PHILLIPS, CSR fl . · OFFICIAL COURT REPORTER t:J __________ ---- -------------------··-----------------z72ND-DI STRTCT-COURT ________________________ ------------------- D 0 47 0 1 Is it common to find actually usable 2 identifiable prints on a gun? 0 3 A. No, sir, it's not that common. 0 4 5 Q. A. Okay. Correct. Even if people are touching it? 0 6 Q. Did you attempt to find usable fingerprints on 7 State's Exhibit No. 11? 0 8 A. Yes, sir. 0 9 Q. And were there any usable prints at all of 10 anybody on there? 0 11 A. No, sir, there were no prints on there that could 0 12 13 be identified. Q. Okay. Now, when y'all were going through -- when [j 14 y'all were going through the truck, you told me earlier 15 that-Ms. Campbell had a bag of clothing, like a duffle bag 0 16 full of her clothing in there, right? 0
17 A.Correct. 18 Q. And when you're inventorying something like 0 19 clothing, do you also go through the pockets and see 20 0 21 what's all in that clothing? A. Yes, sir. 0 22 Q. Did you do that in this case? 23 A. Yes, sir. 0 24 Q. When you were going through Ms. Campbell's 0 25 clothing DENISE C.PHILLIPS, CSR -8------~- OFFICIAL COURT REP__::O::_:_R.:_:T~E~R~---------I--------- 272ND DISTRICT COURT D 0 48 0 1 2 Judge? MR. CALVERT: May I approach the witness, 0 3 THE COURT: Yes, sir. 4 Q. {By Mr. Calvert) I'm first goirig to show you what fJ 5 has been .marked for identification purposes as State's 0 6 Exhibits 4 through 9 and ask if you recognize those? 7 A. Yes, sir. No. 4 is the jacket. No. 5 is a 0 8 close-up of the pocket, the torn pocket. No. 6 is a 0 9 photograph of the pistol. No. 7 is a photograph of the 10 bed of the pickup and items in it. 0 11 Q. And then we'll start with these. Are all of 0 12 13 these -- well, actually are all of these, 4 through 9 -- excuse me -- are all of them fair and 5 through 9 0 14 accurate depictions of what y'all were photographing out 15 there as you were doing the inventory? 0 16 A. Yes, sir, they ar~. 0 17 18 Exhibits 4 through 9. MR. CALVERT: We would offer State's 0 19 {State's Exhibit Nos. 4-9, Photographs, 20 offered.) 0 21 MR. GRAY: No objection. 0 22 THE COURT: No further objection. Those 23 will be admitted. 0 24 (State's Exhibit Nos. 4-9 admitted.) 0 25 Q. {By Mr. Calvert) Now, these photographs, some of DENISE C.PHILLIPS, CSR B---------- OFFICIAL COURT REPORTER ______________ -·-----------------~2,-=7::-:2=-=N:-.:.n=--=n-==I:-:s=T=Ro-cio:-c=T=---==c:-oo-.:cuo-=RT 0 0 49 1 these are just kind of like the stuff you talked about in D- '. 2 the bed of truck and that gun, State's Exhibit No. 11, the 0 3 jury has already seen, right? u 4 5 A. Q. Correct. The -- I want to talk about State's Exhibits 8 0 6 and 9. First of all, State's Exhibit No. 9, is that a 7 pair of blue jeans? 0 8 A. Yes, sir, it is. 0 9 Q. And did that come out of the duffle bag that 10 contained Monishia Campbell's stuff? 0 11 A. Yes, sir, it did. 0 12 13 Q. And State's Exhibit No. 8, is that a close-up of that same pair of jeans? 0 14 A. Yes, sir, it is. 15 Q. Now, in the pocket of this pair of jeans, did 0 16 y'all find a bullet? 017 A.Yes, sir, we did. 18 Q. And is the bullet that you found in State's 0 19 Exhibit -- in those jeans, is that shown in State's 20 Exhibit No. 8? 0 21 A. Yes, sir, it is. 0 22 Q. And what type of bullet was that? 2
3 A. It's a .22 long rifle. 0 24 Q. Okay. Now, let me back up for a minute because 25 you said that -- you said in almost 30 years of law D- DENISE C.PHILLIPS, CSR B~-------- OFFICIAL COURT REPORTER --------------- ---------- ---------2-72ND--DrSTR.tCT-CbURT 0 0 50 0 1 enforcement, you have some familiarity with firearms; is 2 that fair? 0 3 A. Yes. ll 4 5 Q. Now, you said that bullet that was in those jeans is a .22, right? 0 6 A. Correct'~, \ 7 Q. And this is a .22, right? 0 8 A. Yes, sir. 0 9 Q. So, does that bullet go with this gun? 10 A. No, sir, it does not. 0 11 Q. Why not if they're both .22s? Explain that to the jury. 0 12 13 A. The bullet that we found is a .22 long rifle, ·0 14 which is a different round. - The pistol is chambered only 15 for .22 short. The .22 short round is substantially 0 16 shorter. The .22 long rifle, if it's put in the cylinder 0 17 of this, it's too long and sticks out a little bit -from 18 the end of the cylinder. 0 19 THE COURT: Do you mind checking that in the u 20 21 presence of the jury to make sure it's clear? MR. CALVERT: We've done it twice. But we 0 22 can do it again. 23 THE COURT: I like to do it in front of the 0 24 jury. D 25 (Witness checking weapon.) DENISE C.PHILLIPS, CSR n ---------·- ·o·--· OFFICIAL COURT REPORTER ----:--··--------------~-------2-7~ND-DISTR]:CTCOURT----------------·----·--· ------·----------- u 0 51 0 1 THE WITNESS: Yes, sir. 2 THE COURT: Okay. 0 3 Q. (By Mr. Calvert) With regards to the difference u 4 5 between .22 long and .22 short, you said if you put a long rifle bullet like that one into that gun, it would -- .22 n 6 what would happen? 7 A. The end of it sticks out of the cylinder, and it 0 8 won't rotate. 0 9 10 Q. Okay. I now want to show you three bullets that I've ·marked for identification purposes as State's Exhibit 0 11 13, and I ' l l put these in the Baggie later. But do you 0 12 13 recognize what these are? A. Yes, sir. 0 14 Q. And to be fair, these are not the same -- they're 15 not the actual bullet -- the single bullet that came out 0 16 of that pair of jeans, right? 0 17 18 A. No, sir, they are not. Q. Did we ask you to bring these up here 0 19 yesterday or we asked the Sheriff's Office to bring u 20 21 them up? A. Yes, sir, you did. 0 22 Q. Are these the same type of bullet as the one that 23 was in Monishia Campbell's jeans? 0 24 A. Yes, sir, they are. 0 25 Q. And yesterday, did we actually -- did you witness o~-- ------- -------------------------``--0---=~-=~=``~=~:-A"'~"'I=-~=~=~=~-~==TcR--~c:-=:~g:~E~-------------------- DENISE C.PHILLIPS, CSR ------------ u 0 52 0 1 us actually try to put those in this weapon? n 2 3 A. Q. Yes, sir, I did. And will they fit in the chamber? 0 4 5 A. Q. Yes, they will fit in the chamber. Could you fire this weapon with those rounds? 0 6 A. No, sir. 7 Q. Why not? 0 8 A. The cylinder won't rotate into the proper 0 10 9 position for it to fire because the end of the bullet sticks out and catches. 0 11 Q. Okay. So, these are too long? 0 12 13 A. Q. Yes, sir. Now, with regards to the bullet in Monishia 0 ; 14 Campbell's jeans, did y'all actually seize that and take 15 it into evidence? 0 16 A. No, sir. 0 . 17 Q. Why not? 1
8 A. It wasn't illegal for Monishia Campbell to 0 19 possess that. 0 20 21 Q. Had the bullet that was in Ms. Campbell's jeans or any bullets that you found anywhere else in the -- in 0 22 the truck, had they been the same type of ammunition that 23 goes with State's Exhibit No. 11, would you have kept D 24 those? D 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 0-~---- -~--------- OFFICIAL COURT REPORTER 272ND DISTRICT COURT n 53 0 1 Q. Was the fact that it was a different type of 2 ammunition a reason why you didn't keep it? 0 3 A. Yes, sir. Q. And is it -- was it illegal at all for Monishia 0 4 5 Campbell to have that? 0 6 A. No, sir. 7 Q. Okay. 0
8 A. It was not. 0 9 10 Q. The I'm now going to show you State's Exhibit No. 12, this is an envelope, but you know what's contained 0 11 in that envelope? A. Yes, sir, I do. 0 12 13 Q. And are those the .22 short bullets that were 0 14 actually loaded in State's Exhibit No. 11 when you found 15 it? 0 16 A. Yes, sir, they are. 0 17 18 Q. A. Okay. Yes, sir. So, it was loaded and ready to shoot? 0 19 Q. Okay. Are these in the same or substantially the 20 same condition as they were when you pulled them out of 0 21 that gun other than the fact that they're now in the 0 22 envelope? 23 A. Yes, sir. 0 24 MR. CALVERT: We offer State's Exhibit 12, 0 25 Judge. DENISE C.PHILLIPS, CSR -8-------_______________o~-````A~T````~T R````~E~------,------ 0 n ~- 54 0-~- 1 (State's Exhibit No. 12, Bullets from 2 Weapon, offered.) 0 3 MR. GRAY: Would you open them? I'd just 0 4 5 like to look at the bullets themselves. Q. (By Mr. Calvert) I've just handed you the contents 0 6 of State's Exhibit No. 12. Are those the .22 short rounds 7 that you found in the gun? 0 8 A. Yes, sir, they are. 0 9 10 MR. CALVERT: MR. GRAY: Any objection? No objection. 0 11 THE COURT: Those will be admitted. 12 (State's Exhibit No. 12 admitted.) 0 13 THE COURT: State's 12 is admitted. 0 14 Q. (By Mr. Calvert) Terry, briefly 15 MR. CALVERT:. May the witness step down for 0 16 a second? 0 17 18 Q. THE COURT: (By Mr. Calvert) Yes, sir. Terry, if you could come down 0 19 here. 20 A. (Witness complied.) 0 21 Q. For folks that may not be very familiar with 0 22 firearms, could you just describe for me in kind of 23 laymen's terms how a revolver works? And you can use 0 24 State's Exhibit 11 if you need to to kind of demonstrate. 0 25 A. Yes, sir.· Once again again, DENISE C.PHILLIPS, CSR I'll go through B----------- OFFICIAL COURT REPORTER ---------------------272ND-D'I-S'l'R"ICT-C"'O'...U"'R"T"---``----~--·----~·- D 55 [J 1 and show that it's empty. The cylinder is empty. Bullets D--- 2 will go into the cylinder in these different holes that 0 3 you see, and they sit there. 4 Whenever you pull the trigger on this -- and 0 5 it's empty obviously--- the hammer comes back, The D 6 cylinder rotates into positi~n to put a bullet underneath 7 it, and the hammer goes so far back, and.then it will snap 0 8 forward and the firing pin -- this little thing on'the 0 9 10 trigger (indicating) -to go off. -- will impact the round causing it The bullet will then exit the ba~rel in 0 11 whatever direction you have it pointed. 12 And every time you cock it or pull the 0 13 trigger back, it will rotate up a ne~ round into the 0 14 chamber. 15 Q. Now, you said earlier that these .22 long rifle '0 ---- 16 bullets are too long, and they don't they'll stick out 0 17 18 the front end, right? A. Yes, t-hey stick out the front of the cylinder 0 19 just a little bit._ As _you can see, there's some fairly 20 close tolerance between the frame and t.he cylinder. And 0 21 whenever it tries to rotate the nose of the bullet will ,;/: 0 22 impact the frame causing it to riot rotate. 23 Q. And if you could come up here. This right here 0 24 (indicating), is this one of the bullets that's in State's 0 25 Exhibit-No. 12 that was actually loaded in that weapon? DENISE C.PHILLIPS, CSR o~-~--```` ----``------~---``````~T````-~T````:``----------- - - - - - - 0 0 56 0--, .:.;i 1 A. Yes, sir. 2 Q. And -- now, I'm going to show you one of the long [] 3 rifle bullets. Is that -- I mean, is there a fairly 4 substantial size difference, length difference between 0 5 those two? 0 6 A. Yes, sir, there is. 7 Q. And is that a problem with this ammunition going 0 8 in that weapon? 0 9 10 A. Q. Yes, sir, it is. Okay. Thank you, sir. D 11 You can have a seat. 12 A. (Witness complied.) 0 13 Q. Now, you said that -- you told the jury earlier 0 14 that the truck that the Defendant was driving was his, 15 right? ~0 16 A. Yes, sir. ,Q 17 Q. Now, we can agree, right, that the -- the jacket, 18 State's Exhibit No. 10, was not on the Defendant at any 0 19 point while y'all were out there, right? 20 A. That's correct. 0 21 Q. What was there about that jacket and the 0 22 23 circumstances -- I don't want you to go into what anybody said -- but about the circumstances of that jacket that 0 24 led you to conclude that that jacket belonged to the d 25 Defendant as opposed to Ms. Campbell? DENISE C.PHILLIPS, CSR _g_:_________ --------------------------0-``````~ I ````~T````:~-ER_____________________________._ D 0 57 Q, 1 A. The fact that the jacket is an extra large size, n 2 and that would be about the right size to fit the -,· 3 Defendant, being quite a bit bigger than what Ms. Campbell 0 4 5 would wear. Q. Okay. As I think you showed us in the video 1J 6 earlier, Ms. Campbell was already wearing a jacket, right? 7 A. Yes, sir, she was. 0 8 MR. CALVERT: I'll pass the witness at this D 9 point, Judge. 10 THE COURT: All right. Cross-examination? ·o 11 MR. GRAY: Thank you, Judge. 0 12 13 BY MR. GRAY: CROSS-EXAMINATION [] 14 Q. You actually assisted Deputy Ficke in the 15 inventory; is that right? D 16 A. Yes, sir, that is correct. 0 17 18 Q. Okay. And did he actually prepare a report separately from yours? Do you know? D 19 A. Yes, sir, he did. He did an inventory sheet. 20 Q. Okay. And let's talk about that inventory sheet 0 21 a little bit. You did not actually fill out that D 22 inventory sheet; is that right? That was Ficke; is that 23 correct? [J 24 A. Yes, sir. 0 _ ; 25 Q. Okay. Now, I understand that the Prosecution had DENISE C.PHILLIPS, CSR n tl________ OFFICIAL COURT REPORTER ---------------------2-7·2-NI:)".IJ:tST:R!cr.r-CbURT _________________ -----··----~ [J n 58 Q, 1 asked you as far as the vehicle -- who were you riding 2 with actually whenever the vehicle was pulled over? 0
3 A. Iwas by myself. 0 4 5 Q. You were by yourself. Okay. And so, the vehicle goes a short distance, 0 6 would you agree with me, before it comes to a stop? 7 A. Yes, sir. 0 8 Q. Okay. Now, were you actually watching, I guess, 0 9 your camera and your speedometer and, I guess, things of 10 that nature to see how fast he was traveling? 0
11 A. Ididn't have a camera. I wasn't in a marked 12 unit. I was a little ways behind, so I don't know what 0 13 speed it was. 0 14 Q. Okay. You in no way felt he was speeding in any 15 way at that point? l) 16 ·A. From what I've seen on the video, no, sir. 0 17 18 Q. A. How far back were you, I guess? I may have been about a block or so behind 0 19 everybody else. 20 Q. Okay. But you could, I guess, see from your [} H e.Vp ~ ·S ~-e. 21 vantage point ~ 22 A. Yes, sir. 23 Q. -- the white vehicle pulling in front of him and 0 24 the stop and everything? 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR -0-~ -~ ---· ---------~------``!~-````-1-````~T````-````-~-------~--- ------------- 0 1 59 l 1 Q. Okay. And you didn't witness any type of a 2 traffic violation or anything of that nature; is that ] 3 right? } 4 A. That is correct. 5 Q. Now you-all did not have a search warrant when J 6 you actually inventoried that victim; is that right? 7 A. That is correct, sir. ] 8 Q. And, David -- I guess when you began your se~rch, ] 9 he was in custody and in handcuffs; is that correct? 10 A. Yes, sir. ~ 11 Q. Okay. And so, it wouldn't really be possible for ~ 12 him to get at any evidence or tamper with something or go 13 for a knife or anything like that; is that right? J 14 A. That is correct, sir. 15 Q. And that's primarily the reason that you want to J 16 secure -- secure the scene or secure whatever the area the ~ 17 car is to make sure that the occupants are detained. 18 They're handcuffed. They're away from any potential J 19 problem for law enforcement or the evidence; is that ~ 20 right? 21 A. Yes, sir. 1 22 Q. Okay. Now, I know you indicated that it was an 23 inventory-type search, and there is -- the Sheriff's 24 Office does have a policy that you-all are to follow in } 25 regards to that; is that correct? DENISE C.PHILLIPS, CSR l------·---- ----------------0~-``````T````-~T``~g``-E_R ____________ -----:- ----·-------- ] 60 ll 1 A. Yes, sir. 2 Q. Okay. And you're familiar with that policy? ] 3 A. Yes, sir. 4 Q. Prior to the actual searching of the interior, I J 5 know that the Prosecutor had alluded or you had mentioned } 6 that the truck was sort of in disarray; is that fair to 7 say? ~ 8 A. Yes, sir. 1 9 Q. Okay. So, there was a lot of stuff in the 10 backseat as well as the front or just primarily the back? ~ 11 A. Primarily the back, but there was stuff ~' 12 everywhere. 13 Q. Stuff everywhere. I 14 And did you have an opportunity to take any 15 pictures; or to your knowledge, did anyone take any J 16 pictures, I guess, of the interior of that cab and where ~ 17 the different items were located prior to starting the 18 search? 1 19 A. No, sir. 20 Q. Okay. So, can you remember precisely as to that 21 black jacket, its location? 22 A. Precisely in the back compartment where it was? 23 No, sir, I cannot. 24 Q. Okay. Is it possible that some other clothes 25 were on top or other items on top of the jacket as well? DENISE C.PHILLIPS, CSR . OFFICIAL COURT REPORTER I· - ·--- · --~--·-- --·------------·---------· ---·-·-------2-?2ND--rn-STRrCT-COT:JRT---·-------·-··-- ----------- ---- ------------- [J 61
1 A. It's possible, sir. D--- 2 Q. Now, I know you had indicated that you had -- you 3 had lifted the jacket up, and it felt heavy, and that's -- 0 4 5 I guess, that's what clued you into the gun was in there, and that's when you located the gun; is that right? 0 6 A. Correct. 7 Q. Okay. Was there any other identifying 0 8 information, driver's license, anything like that in the 0 9 coat? 10 A. No, sir, there was not. .D 11 Q. Okay. Now, we talked a little bit about the 0 12 13 report; but as the Prosecutor had indicated, the purpose of the inventory report is to list all items in the 0 14 vehicle because if it gets towed away, you don't want to 15 have a liability-type issue; is that correct? .G 16 A. Yes, sir. 0 17 Q. Okay. And that's why you go through, and you 18 list everything that's -- that you find in the truck; is 0 19 that correct? 20 A. Yes, sir. 0 21 Q. Okay. Now, I know you indicated that Officer 0 22 Ficke or Deputy Ficke, I guess, had -- had actually filled 23 out the report; is that correct? 0 24 A. Yes, sir. 1 25 Q. Okay. And then, it's to be signed by the officer [ 1 DENISE C.PHILLIPS, CSR \1 OFFICIAL COURT REPORTER .-t::J--- ---------------------------------------- ---- ------272ND-DI-STRTCT---coURT-----~------------ ----- ------------ 0 62 1 doing the inventory and then the wrecker driver and then 2 also the owner of the driver of the vehicle when feasible; 3 is that right? 4 A. Yes, sir, I believe that's correct. 5 Q. Okay. And have you reviewed that report at all, 6 that inventory report? 7 A. Not recently, sir. 8 Q. Okay. 9 MR. GRAY: May I approach, Judge? 10 THE COURT: Yes, sir. 11 Q. (By Mr. Gray) Just in all fairness, I don't want 12 to -- if you haven't looked at it, I want to give you an 13 opportunity to. Kind of focusing in on the bottom there 14 as far as the signatures. It does have Deputy Ficke's -- 15 A. Yes, sir. 16 Q. -- signature. Okay. And then, we also have the 17 wrecker driver; is that right? 18 A. Yes, sir, we do. 19 Q. Okay. And then -- but we don't have any type of 20 signature from Mr. Greer; is that correct? 1 21 A. That is correct, sir. } 22 Q. Okay. And you didn't sign the form because you 23 didn't actually fill out the form; is that right? J 24 A. That is correct. } 25 Q. Now, the reason that you have the vehicle towed DENISE C.PHILLIPS, CSR ~-···_· ___________________________o_~-``~-``~I````~T``````E__R________________________ 1 63 l-. 1 and -- and, therefore, you have to inventory it to make 2 sure, you know, nothing comes up missing, is because } 3 there's no one there to drive the vehicle away; is that } 4 right? 5 A. That is correct, sir. n :J 6 Q. So, there's certain situations, though -- I know n 7 all law enforcement makes a lot of alcohol-related arrests u 8 in this towp; is that fair to say? 9 A. Yes, sir. u 10 Q. Okay. That there are times where we may have an ~ 11 intoxicated driver, someone you believe to be intoxicated ~ 12 who may have a passenger who's not; and you'll let that 13 person drive the vehicle; is that correct? u ' 14 A. Yes, sir, I have seen that. 15 Q. Okay. That wasn't the case here because Monishia ~- ) 16 was also placed under arrest; is that right? ~
17 A.That's correct, sir. 18 Q. But there has been opportunities where you've ~ 19 allowed folks to call a loved one or primarily if it's a 20 college student, their parents, something of that nature } 21 to allow them to come get the gun -~ the car; is that J 22 correct? 2
3 A. I've seen it happen, yes, sir. ~ 24 Q. But that didn't happen in this case, though, did n 25 it? u r- - - - · - - _____________________ DENISE C.PHILLIPS, CSR o_"'!!~-~-``~r``~-~-~T``~-``~-E_R_______________ -------------· } 64 1 A. No, sir, it did not. 2 Q. And I know the Prosecutor has already talked 3 about this .22 shell that was found in the -- I guess it 4 was a pair of jeans; is that right? 5 A. Yes, sir. 6 Q. And those were size 5? 7 A. Yes, sir. 8 Q. Now, are there -- I know there's talk -- he 9 talked about and you talked about the .22 short and the 10 . 2 2 long rifle. Is there also, though, a .22 long -- 11 A. Yes, sir. 12 Q. shell? 13 Okay. And where does that fall, I guess 1
4 A. It's between the .22 short and the .22 long 15 rifle -- 16 Q. All right.
17 A.-- size-wise. 18 Q. And so, you indicated -- and did you -- you did 19 actually try to place the .22 long rifle shell in the 20 in the chamber of this particular gun; is that righ~? 21 A. We did with counsel, yes. 22 Q. Okay. And then -- and we won't do it in front of 23 the jury, so we're not loading the pistol in the 24 courtroom, but fair to say it wouldn't rotate? 25 A. Correct. DENISE C.PHILLIPS, CSR ~- - --~·- ~---------------------~---``!-~-````1-``````~:~g``~-``-------- ------- l J l 65 J_ 1 Q. Okay. Now, you would agree with me it just 2 protruded by a hair. It wasn't by much; is that right? J 3 A. That is correct. 4 Q. Okay. Would you, therefore, agree with me that a J 5 .22 long would likely fit in there, in that particular J 6 chamber as it would be a little bit shorter? 7 A. Yes, you're right. It probably would. l J 8 Q. Okay. And as to that .22 caliber shell that was 9 found in those size 5 jeans, that was not collected; is J 10 that correct? J 11 A. That is correct. 12 Q. Okay. We have a photo of it, but we don't have J 13 the shell; is that fair to say? J 14 A. That's correct, sir. 15 Q. Okay. And there's not really -- I tried to blow ~ 16 it up. There's really no markings or indications that I . ~ ~.-. 17 could see as far as a brand or anything of that nature. 18 Is it at least possible that that could have beeR a .22 ~ 19 long, that shell?
20 A. Idon't believe it was, sir. J 21. Q. But is it possible? ~ 2
2 A. Idon't think so, sir. 23 Q. Why is that? 2
4 A. I've had a lot of experience with .22s, and my 25 personal belief is that it's a long rifle. DENISE C.PHILLIPS, CSR L- -· --- -------- -----------0``-``````~g``~T-``````!...-E._R _________________ ------------ ] 66 l- 1 Q. You'd agree with me, though, that if we actually 2 had it here, that would be the better option, correct? 3 A. Yes, sir. 4 Q. That way we could try that particular shell 5 ourselves? 6 A. Yes, sir. 7 Q. Now, I know that you and the Prosecutor have 8 talked and had taken a look at the pistol and tried the 9 shells and things like that yesterday, but that pistol had 10 never been any kind of ballistics tests or anything 11 like that; is that correct? 12 A. No, sir. 13 Q. I know you indicated it's a firearm, but you 14 don't, in fact, know whether or not that pistol can fire a 15 shell? 16 A. No, sir, I have not tested that personally. 17 Q. Now -- and I know you've worked different crime 18 scenes in your experience; is that correct? 19 A. Yes, sir. 20 Q. Anywhere from DWis all the way up to murder; is 21 that fair to say? 22 A. Yes, sir. 23 Q. Okay. Now -- and I understand that every 24 every offense is different. Every crime scene is ~ 25 different. But it is possible to swab certain types of DENISE C.PHILLIPS, CSR ~------- -------- ----------- ------------0~-~-;-````±````~T R``g!~E~-------------- ____________ J 67 J l-. 1 evidence and then have that sent off to the DPS lab to 2 test for DNA; is that right? J 3 A. Yes, sir. 4 Q. And I guess the way that it works is you have a J 5 piece of evidence, you know, potentially a knife or even a J 6 gun in this particular case; and you could swab -- 7 potentially swab the different areas that you believe J 8 would have likely have come in contact with a potential 9 suspect's hands; is that correct? J 10 A. Yes, sir. ~ 11 Q. And would you agree with me some of those key ~ 12 areas would be the trigger, the hammer and the handle? 13 A. Yes, sir. ~- 14 Q. Okay. And so, it is at least possible to take a 15 swab of those areas and then send that off to the DPS lab ~ 16 and then get a known sample from various suspects; is that ~ 17 right? 18 A. Yes, sir. J 19 Q. For example, it would have been possible to at :1 20 least get a sample from David Greer as well as Monishia; d--------- ------------·-----------·---·---- -----·------------·---- ----------------- 21 is that correct? 22 A. Yes, sir. 23 And for that matt;:er any other potential suspects J 24 that you may have had; is that right? 25 A. Yes, sir. J DENISE C.PHILLIPS, CSR ``-. OFFICIAL COURT REPORTER d·-- -- ·-------- -----------·-------------------·-2-!J-2-NB-B±·S'P-R± G-'I'--C0HR'1'-----------------------------· ----------------------- J l 68 1 Q. Okay. And then the DNA in your experience, 2 whenever it is sent off to the lab, the crime lab, they J 3 compare those to see if there's a match; is that correct? 4 A. Yes, that is correct. 5 Q. They can't always get a complete match. 6 Sometimes they even get a partial match; is that right? 7 A. Yes, sir, I believe that's correct. 8 Q. Okay. And so -- and the reason we do that is it 9 can it cannot only link a p~rticular suspect to a 10 crime, but it can also potentially exclude those folks 11 from the crime as well; is that right? 12 A. Yes, sir. 13 Q. That way you know that you're focusing in on the 14 right person? 15 A. Yes, sir. 16 Q. Okay. Now, no DNA swabs or any kind of DNA 17 testing was done in the case; is that right? 18 A. That is correct. 19 Q. Now, there were also·-- and ~- and the Prosecutor 20 had taken those shorts, the shells that were actually you 21 believe were found in the gun and showed those to you; is 22 that correct? 23 A. Yes, sir. 24 Q. Now, those shells, those were not swabbed in any ~ 25 way and sent off for any kind of DNA testing either; is DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l=- - ---·-- -- ------------------'2-72NB--B-I-STR-IC::T-COURT- ------..,------- ·---·------- J 69 D 0--: 1 that correct? 2 A. That is correct. [l 3 Q. The Prosecutor had indicated that because there 4 was dust on the pistol, that it had been tested for D 5 prints; is that right? 0 6 A. Yes, sir. 7 Q. And whether or not -- in your experience 0 8 sometimes we find prints, sometimes we don't. In this 0 9 particular case, there were no latent print that was found 10 and matched to David Greer; is that right? 0 11 A. That is correct. 12 Q. Now, that initial printing and testing was not 0 13 done the month of this offense in February; is that 0 \ •i 14 correct? 15 A. That is correct. 0 16 Q. When was that actually done, the testing? 0 17 18 A. Q. It was done last week. Okay. And was that at the request of the 0 19 District Attorney's Office? 20 A. Yes, sir. 0 21 Q. Okay. Now, you would agree with me that when 0 22 evidence is seized and it's bagged, we bag it so that 23 potentially we don't have any kind of spoliation of 0 24 evidence as well as we don't want an officer's prints on 0 25 the gun, so to speak. We want it preserved; is that DENISE C.PHILLIPS, CSR -D`` --·---------------- ---~-`````` I ~-~-``-~T``````-E-R-----------------1------ 0 0 n 70 n., 1 right? 2 A. Yes, sir. 0 3 Q. And,you'd agree with me that when a particular 0 4 5 piece of evidence is -- is taken and b~gged, it's handled the more unlikely it is to find a full latent that the more 0 6 print because it can get smudged, and it just -- it hurts 7 the quality of the evidence; is that fair to say? D 8 A. Yes, sir. 0 9 Q. Now, the gun itself was -- was eventually dusted 10 and printed last week. Were the shells contained 0 11 therein -- were they ever dusted or printed? 0 12 13 A. Q. No, sir. Okay. And it is possible to get potentially not 0 14 a full print but at least a partial print from bullets; is 15 that correct? 0 16 A. Yes, sir. 0 17 Q. Okay. And bullets are a little bit different 18 than the gun itself because if -- if the bullets were 0 19 contained in the gun for a period of time, they're almost 20 self-preserving in that they can't be tampered with 0 21 because they're in the chamber; is that right? 0 22 A. Yes, sir. 23 Q. Okay. Now, I know that you had indicated that D 24 due to the size of that -- that coat being a large, a 0 25 large men's coat, that you did not believe that that DENISE C.PHILLIPS, CSR 0 . OFFICIAL COURT REPORTER ----- ·-·- ---- - · ---------·---·-·----2-7-2-ND-D±S'I'RIG-T-GOUR'I'-----~----------- - - - - - - - - - - 0 71 l 1 belonged to Monishia; is that right? 2 A. That's correct, sir. J 3 Q. Okay'. But when she was arrested and you can sort 4 of see it, I guess whenever she comes up to the patrol J 5 car -- it may have been when Ledesma was going to talk to ~ 6 her. I don't know. But you saw in the video where she 7 and that was Monishia that was right in front of the :l 8 patrol car in the camera? 9 A. Yes, sir. J 10 Q. Okay. And she was actually wearing an over-sized ~ 11 coat then as well, wasn't she? ~ 12 A. Yes, sir. 13 Q. Okay. And that coat looked like it was too big ~ 14 for her as well; is that fair to say? I 15 A. Yes, sir. } 16 Q. Okay. And the Prosecutor's already mentioned it, ~ 17 but just so the records clear, David Greer did not 18 actually have that coat on his person at the time; is that J 19 right? 20 ~ A. That's correct. 21 Q. And nor did he have that gun on his person at the ~ 22 time? 23 A. That's correct. 24 Q. So, there's a certain amount of speculation as to 25 whose jacket and whose gun that was because you can't tell DENISE C.PHILLIPS, CSR ~-~-- _________ ------~------------0-``~-~-````±````~T R``g-``;-E-R·-------------,--- _________ l 72 l-- ' . 1 us for sure that that was David Greer's jacket nor can you 2 tell us for sure that that was his guni is that fair to J 3 say? 4 A. That's correct. That's fair. u 5 Q. Okay. Do you know, was the was the gun -- was 1 6 it ever traced or tracked to see who the original owner 7 was, do you know? 1
8 A. Ido know that an ATF gun trace has been done on 9 it. There's been no result come back. J 10 Q. Okay~ When was that performed or sent off, I ~ 11 guess? ~
12 A. Ibelieve it was last week, week before. 13 Q. Okay. Is that -- and that's Alcohol, Tobacco and J 14 Firearms,· right, ATF? 15 A. Yes, sir. J 16 Q. And they pretty much -- they keep all those types ~ 17 of records and those types of things for guns and firearms 18 that are soldi is that right? J 19 A. Yes. 20 Q. Because, really, the Federal deal you have to J 21 fill out that one-page Federal formi and that all gets ~ 22 sent off to the ATFi is that right? 23 A. Yes, sir. ~ 24 Q. Now, the vehicle that Mr. Greer was driving, 25 that's actually registered to a Kenneth Greeri is that J DENISE C.PHILLIPS, CSR ~- OFFICIAL COURT REPORTER !--------- - - - - - - - - - - - - - - - ------2-7.Z-ND -D-I-S-'I'-R-I-G-T-e0T:JRT--------------- - - - - - - - J 0 73 0 1 right? 2 A. Yes, sir. 0 3 Q. And so, that would be -- that would be David's 0 ·5 4 dad, n~t A. a~ually Yes, sir. Davidi is that correct? D 6 Q. There was never a time where you had witnessed 7 David Greer saying "that's my gun" or anything like that, 0 8 right? 0 9 A. Where he said it was his gun? 10 Q. Yeah. 0 11 A. No, sir. MR. GRAY: I'll pass the witness, Judge. 0 12 13 REDIRECT EXAMINATION 0 14 BY MR. CALVERT: 15 Q. Monishia Campbell, that jacket that he was just 0 16 asking you about, she was wearing that when y'all first ... ·-· D 17 stopped them, right? 18 A. Yes, sir. 0 19 Q. And like you said earlier, the Defendant was 20 wearing a tank top and was not wearing any jacket, right? 0 21 A. Yes, sir. 0 22 Q. The -~ oh, Counsel asked you a minute ago about 23 Deputy Ledesma going back and talking to Monishia Campbell 0 24 at some point, correct? 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 0 ··`` .. ·--· -----~---- OFFICIAL COURT REPORTER -------~-~--~-----~-----------2-72ND--D ISTR 1-CT--COURT---``-------------·---------- ------~---------- ' 0 0 74 0 1 2 Q. Now, I don't want you to go into what Ledesma told you and I don't want you to go into what Cqmpbell 0 3 said, but after you found the gun in State's Exhibit 0 4 5 No. 10, did Deputy Ledesma go back and have ·a conversation with Monishia Campbell about it? 0 6 A. Yes, sir. 7 MR. CALV-ERT: I ' l l pass the witness. 0 8 RECROSS-EXAMINATION 0 10 9 BY MR. Q. GRAY: Now, you had indicated that you were tracking a 0 11 little bit behind the rest of the units; is that fair to 12 say? 0 13 A. Yes, sir. 0 14 Q. And who w~s the actual aire~;jng officer? Was 15 that Officer -..;. or Deputy Ficke? /, 0 16 A. Yes, ~-· sir. 0 17 18 Q. Okay. And so, you don't have any direct knowledge as to why he had actually performed that traffic 0 19 stop; is that right? 20 0 21 A. Q. Why Deputy Ficke performed the traffic stop? Do you have any personal direct knowledge, not 0 22 what other officers may have told you or you may have 23 heard on dispatch or anything like that, but do you have 0 24 any personal knowledge as to why Deputy Ficke had pulled 0 25 over Mr. Greer? DENISE C.PHILLIPS, CSR (1 OFFICIAL COURT REPORTER ~k:J---~---~ ------- -~-------------~---.:._-~- ---2-7~2ND~-DI-S'I'-R-I-CI'--COUR~-----.- ---------~ --~---- ----------------- 0 0 75 1 A. Yes, I do. D-- 2 Q. And what is that? R 3 A. This was we were stopping the vehicle to 0 4 5 execute the arrest warrants. Q. Okay. And as to that arrest warrant, did you 0 6 just hear that over Dispatch, or how did that -- how did 7 information come to you? 0
8 A. Investigator Ledesma had received information -o 9 that Ms. Campbell and Mr. Greer were together in the 10 vehicle and that they had warrants, and he checked records 0 11 and confirmed that there were arrest warrants outstanding for them. 0 12 13 Q. Okay. That was Investigator Ledesma? Di 14 A. Yes, sir. 15 Q. Okay. The actual vehicle itself, it had dark 0 16 tinted windowsi is that right? 0 17 18 A. Q. I don't remember, sir. Okay. So, is it fair to say that do you know 0 19 i f all the windows were open or closed, or do you know? 0 20 21 A. Q. No, sir, I really don't remember. If -- if the windows were, in fact, upi and they 0 22 were dark tinted windows, would you agree that it may be 23 hard to see the occupants -- not that occupants were in 0 24 the vehicle but able to identify the occupants at least 0 25 from the side or the back? DENISE C.PHILLIPS, CSR 0~------- -----------------------0``~-````T~-````T````-:~_E_R_____________ ------------- .0 0 75 0 1 A. Yesr I do .. 2 Q. And what is that? 0 3 A. This was we were stopping the vehicle to 0 4 5 execute the arrest warrants. Q. Okay. And as to that arrest warrantr did you 0 6 just hear that over Dispatchr or how did that -- how did 7 information come to you? 0
8 A. Investigator Ledesma had received information D 9 that Ms. Campbell and Mr. Greer were together in the 10 vehicle and that they had warrantsr and he checked records 0 11 and confirmed that there were arrest warrants outstanding 0 12 13 for them. Q. Okay. That was Investigator Ledesma? 0 14 A. Yes 1 sir. 15 Q. Okay. The actual vehicle itselfr it had dark 0 16 tinted windows; is that right? 0 17 18 A. Q. I don't remember 1 sir. Okay. So, is it fair to say that do you know 0 19 if all the windows were open or closed 1 or do you know? 20 A. sir 1 I really don't rememb~r. 0 21 Q. Nor If -- if the windows were 1 in fact 1 up; and they 0 22 were dark tinted windows/ would you agree that it may be 23 hard to see the occupants -- not that occupants were in. 0 24 the vehicle but able to identify the occupants at least 0 . 25 from the side or the back? DENISE C.PHILLIPS 1 CSR _g_ ·---- --·-------------~!-``-````r````~T````:~E_R----------1--------- [J 0 76 0. 1 A. Yes, sir. 2 Q. Obviously, the front -- you don't generally have D 3 the front windows tinted; and obviously, you could see the 0 4 5 persons in A. th~·interior; Yes, sir. is that right? 0 6 MR. GRAY: I'll pass the witness. MR. CALVERT: I'll pass the witness, Judge. n 7 8 We'd like him to be subject to recall, though. 0 9 THE COURT: All right. You can step down. 10 You're subject to recall. 0 11 Let's take a ten-minute break, ladies and 0 12 13 gentlemen. {Jury retired.) 0 14 {Short recess.) 15 THE COURT: He's under oath. I swore him in 0 16 earlier. Go ahead. 0 17 18 MR. GRAY: Mr. Greer, we've talked about, you know, your Constitutional right to testify; is that 0 19 correct? 20 THE DEFENDANT: Yes, sir. 0 21 MR. GRAY: And you have a Fifth Amendment u 22 23 right to testify, but you also have a Fifth Amendment right if you don't want to testify, you don't have to; is 0 24 that right? 0 25 THE DEFENDANT: Yes, sir. DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER -8----------~-- ~- ~------------~-------~--~--2~7-2-ND--D-I-S-T-R-IG-T-GOU-R-T----------------_- ------~-- 0 f] 77 D-. 1 MR. GRAY: We talked about the good things 2 and the bad things, the pros and the cons, to testifying. D 3 If you testify, they get to hear your side of the story; B 4 5 is that correct? THE DEFENDANT: Yes, sir. 0 6 MR. GRAY: But I've also advised you that 7 the State can impeach you with any types of felonies, D 8 convictions or any kind of crimes of moral turpitude, that 0 10 9 could include misdemeanors; is that right? THE DEFENDANT: Yes, sir. 0 11 MR. GRAY: And is it your decision and your decision only to not testify in this case in the 0 12 13 guilt/innocence? 0 1.4 THE DEFENDANT: Yeah, you advised me of /. 15 that. So, yes, sir. 0 16 MR. GRAY: I advised you, but it's your 0-- 17 decision. 18 THE DEFENDANT: Yes, sir. 0 19 MR. GRAY: So, you do not want to testify; 20 is that correct? 0 21 THE DEFENDANT: Yes, sir. '0 22 MR. GRAY: Okay. 23 THE COURT: Let me ask you: Do you intend 0 24 to ask for sequestration should the situation present 0 25 it self? DENISE C.PHILLIPS, CSR _Q_:___________ .______:___________``~-~-~-``~r.~g~!~T-``~.````--~------------·---------- 0 0 78 0-.. 1 MR. GRAY: I don't think so, Judge. 2 THE COURT: All right. We ready to bring 0 3 the jury out? 0 4 5 MR. CALVERT: THE COURT: Yes, sir. Bring them out. 0 6 (Jury seated.) 7 THE COURT: Everyone be seated. Call your 0 8 next. 0 9 10 MR. WARD: State calls Rick Ledesma, Judge. (Witness sworn.) 0 11 THE COURT: Have a seat. Go right ahead. 0 12 13 RICARDO LEDESMA, having been first duly sworn, testified as follows: 0 14 DIRECT EXAMINATION 15 BY MR. WARD: 0 16 Q. Would you introduce yourself to the jury, sir? - . -· 0 17 18 A. Yes, sir. My name is Ricardo Ledesma. It's R-I-C-A-R-D-0 L-E-D-E-S-M-A. 0 19 Q. Okay. And how are you employed?20 A. I'm an investigator with the Brazos County 0 21 Sheriff's Office. [J 22 Q. How long have you been with the Sheriff's Office? 23 A. About 21, 21 and a half years. 0 24 Q. Are you a certified peace officer? 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 0=------·--·--- -----------------````````I````~T````````------------------ -------------- 0 / l 79 J__ 1 Q. How long have you been a certified peace officer? " . 2 A. Approximately 34 years. l 3 Q. Okay. ~
4 A. It'll be 34 years in January. 5 Q. And what's your current assignment with the ~ 6 Sheriff's Office? 7 A. Criminal Investigator. J 8 Q. Okay. How long have you been there? ~ 9 A. Four years. 10 Q. What did you do before that? J 11 A. t worked with the Brazos Valley Narcotics Task 12 Force. J 13 Q. And how long did you do that? J 14 A. About 17 and a half years. 15 Q. Are you partners with Terry Young? I~· . 16 A. Yes, sir. - ... ~ ~ 17 Q. Work pretty closely with him? 18 A. Yes, sir. ~ 19 Q. See his ugly face everyday? 20 A. Yes, sir. ~ 21 Q. Okay. I'll direct your attention to February ~ 22 16th, 2012. Were you on duty that day? 23 A. Yes, sir, I was. ~ 24 Q. Okay. What were you doing at approximately 2:00 ~ 25 p.m. in the afternoon? DENISE C.PHILLIPS, CSR t``------·--·-- -------------------````````-1-~-``-~-~T````~-~-=:~------------------ ---~--------~- 1 80 l. , 1 A. At the time, we were driving back to the office, 2 myself and Investigator Ware. ~ :I) 3 ~Q. Okay. Why were you dbing that? I 4 A. We had gone out and checked some locations on 5 some other -- follow-up on some other investigations. 6 Q. Okay.- Something happened that kept you from 7 making it back to the office? 8 A. Yes, sir. 9 Q. What was that?
10 A. Ireceived a phone call from an informant. 11 Q. Okay. And without going into what was said, what 12 did y'all ultimately decide to do? 13 A. We started looking for a vehicle that we were 14 told that someone was in it . . -· 15 MR. GRAY: Objection as to hearsay, Judge. 16 Q. (By Mr. Ward) Okay. Who were you looking for at 17 the end of all this? 18 A. David Greer and Monishia Campbell. 19 Q. Okay. And why were you looking for them? 20 A. Because they had outstanding i} 21 Q. Let me stop you real quick. 22 A. Yes, sir. 23 Q. Without going into the specifics of it, very bare 24 bones, did they have outstanding warrants? 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 1---- -----•--------------------0~-~-~-````r````~T````-``-E_R ___________ - - - - - - ] 81 l 1 Q. How did you know they had outstanding warrants? ;} 2 A. We checked through Dispatch. 3 Q. Okay. Did you personally check through Dispatch? 4 A. Yes, sir. 5 Q. Did you personally see the -- the -~ so, you ~- 6 ' received first-hand information that they had open 7 warrants? 1 u 8 A. Yes, sir. 9 Q. Okay. Were you able to finally locate David 10 Greer? 11 A. Yes, sir. 12 Q. All right. Was he with anybody else? 13 A. Yes, sir. 14 Q. And who was that? 15 A. Monishia Campbell. 16 Q. Okay. Now, were you in a vehicle with someone 17 else? Were you in a single vehicle by yourself when he 18 was located? 19 A. No, sir, myself and Investigator Ware. 20 Q. So, it was you and Ware in the vehicle? I'm 21 sorry. 22 A. Yes, sir. 23 Q. Now, were you involved with the actual stop of 24 Dave Greer and Monishia Campbell? 25 A. Yes, sir. DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~------·· - - - ··---·----~-~--------·-----'2-'72-ND-DI-SI¥R-I-e'I'-e8UR'I'----~------~- -----~---- ] 82 1 Q. Okay. Where were you during the stop?
2 A. Iwas in the vehicle at the very back. I came in 3 after -- right after the stop. 4 Q. Okay. So, you di~n't re~lly se~ a~ythin~ i&a~ 5 happened during the initial moments of the stop? 6 A. Well, I was right behind him before the vehicle 7 actually stopped. 8 Q. Okay.
9 A. Iwas a pretty good distance behind. 10 Q. Okay. Now, February 16th, do you remember what 11 the weather was like that day?
12 A. Ithink it was cloudy, kind of cool. 13 Q. Do you remember what you were wearing? 14 A. Yes, sir. Q. What were you wearing? 1
6 A. Iwas wearing a black -- it's what we call our 17 18 windbreaker-type jacket that has the "Agenda" markings on 19 them, where you can flip them out and, you know, show them 20 the department. 21 Q. Okay. Do you remember how Ms. Campbell was 22 dressed that day? 23 A. Yes, sir. 24 Q. Can you describe that for me? 25 A. She had on -- I believe it was a red shirt or DENISE C.PHILLIPS, CSR ~-·--------· ----------------````~-````-I-~-``~-~T~-~-~-~:~_E_R_____________________ ---------- n J-- --- ----- ----~---- -``-----------8_3 1 blouse and had on a camouflage jacket. 2 Q. Okay. Now, during the stop, did you deal witp 3 either Dave Greer or Monishia Campbell? 4 A. Yes, sir. 5 Q. And who did you deal mostly with? 6 A. Monishia Campbell. 7 Q. Okay. Now, were the Defendant and Ms. Campbell 8 ultimately arrested and taken into custody for the 9 outstanding warrants? 10 A. Yes, sir. 11 Q. Okay. And did you speak to Ms. Campbell during 12 the arrest? il. u 13 A. Yes, sir, I did. 14 Q. Okay. Did you advise Ms. Campbell of her Miranda 15 rights and rights under the Texas Constitution? 16 A. Yes, sir, I did. 17 Q. Okay. Now, without going into what was said, did 18 Ms. Campbell continue to want to speak with you after you 19 had advised her of her rights? 20 A. Yes, sir. 21 Q. Okay. Have you dealt with Ms. Campbell before 22 this particular arrest? 23 A. Yes, sir, I have. 24 Q. Okay. And without getting into the specifics, 25 why have you dealt with her? DENISE C.PHILLIPS, CSR ·~ -" I OFFICIAL COURT . REPORTER ' ------ ----- ~-------------·-----2-~-2-ND-IJI-S':P-R-I-G-T-80-UR'I'"-------------------~--- -~------- 0
84 Dall."
1 A. Investigated another case. 2 Q. And is she a victim or a defendant in that case? 0 3 A. She's a vic;tim. 0 4 5 Q. Okay. Now, was to the best of your knowledge, when you were speaking with her, were you speaking with D 6 her right at the Ford Ranger; or did you take her 7 somewhere else to talk to her? 0 8 A. We talked to her briefly there by the Ford Ranger D 9 and then walked her back to Sergeant Ballew's vehicle, 10 patrol vehicle. 0 11 Q. Okay. Do you remember if anyone was called to 0 12 13 come pick up the vehicle that they were arrested in? A. Yes, sir. 0 ~ 14 Q. Okay. Is that just like a towing company? 15 A. Yes, sir, it's a towing -- D 16 Q. Okay. Now, when you need to tow a vehicle, what 0 17 happens once it's decided -- let me rephrase that better. 18 What happens to the vehicle once it's 0 19 decided that you need to tow it somewhere, and you're 20 arresting everybody in the vehicle? D 21 A. Do an inventory. 0 22 Q. Okay. Did you conduct the inventory search? 23 A. No, sir. 0 24 Q. What were you doing while that inventory search 0 25 was going on? DENISE C.PHILLIPS, CSR -,Q _·· --- - - -------~--·-----``-~.````~T``~-``T````````--------- · - - - - 0 85 1
1 A. Italked to Monishia Campbell. J -- 2 Q. Now, at some point, while you were talking with 3 Monishia Campbell, were you called over to look at 4 something that had been found during the search?
5 A. Idon't think they called me. I think I actually 6 walked up. 7 Q. Okay. And what did you see when you walked up to 8 the Ranger? 9 A. They were talking about the -- found a gun in the 10 jacket there. 11 Q. Okay. And once you saw the gun and the jacket, 12 what did you decide to do? 13 A. To ask whose jacket it was. 14 Q. All right. And now, without going into what was 15 said again, did you take the jacket and gun back to 16 Ms. Campbell and continue investigating about who owned 17 it? 1
8 A. Itook the jacket up. I didn't take the gun. 19 Q. Okay. What was her physical demeanor when you 20 were investigating about who owned the jacket? 21 A. Talking about when I asked her about the jacket? 22 Q. Uh-huh. 23 A. She was almost like complete denial. 24 MR. GRAY: Objection, Judge, as to hearsay. 25 THE COURT: Sustain the objection. DENISE C.PHILLIPS, CSR r-~---- ____ ------------------``-~-~-````~-````~1: R````~ER _____ ------~---- __________ J 86 L 1 Ladies and gentlemen, disregard the last 2 statement of the witness. 1 3 Go right ahead. ~ 4 Q (By Mr. Ward) What I meant to say was can you 5 describe her her demeanor? ~ 6 A. Okay. Okay. Yes, sir. 7 Q. How she -- ~
8 A. It was more of a surprised look and just kind of ~ 9 shook her head as no. 10 Q. Okay. ~ 11 A. That's the best way I can describe it. Q. All right. Now, from the answers that -- that ~ 12 13 she gave you, again, without going into what was said, did ~ 14 you go talk to Mr. Greer? 15 A. Yes, sir, I did. ~ 16 Q. Okay. And did you ask Mr. Greer if he owned the ~ 17 jacket? 18 A. Yes, sir. ~ 19 Q. What was his response? 20 A. He said it was not his. ~ 21 Q. Okay. And from all the answers that -- that you ~ 22 had received from talking to Ms. Campbell and Mr. Greer, 23 who is it ultimately decided that was the owner in ~ j 24 possession of that jacket and gun? ~ 25 MR. GRAY: Objection, Judge, that calls for DENISE C.PHILLIPS, CSR ~ ________ -~---·-·------------·-0~!-``````~g``~TR``~:~-E~-~-----·-~----- ___ :________ _ 87 1 speculation: That's also the purview of the jury. They 2 make that decision. 3 THE COURT: Well 4 MR. GRAY: As to who's in possession. 5 THE COURT: Backdoor hearsay, so I ' l l 6 sustain it. 7 Q (By Mr. Ward) Let me -- who was ultimately ? 8 arrested for possession of the gun that day? p} ~t0-' 9 A. David Greer. ``f ~" l 10 MR. WARD: Pass the witness, Judge. 11 CROSS-EXAMINATION 12 BY MR. GRAY: 13 Q. Now, you indicated that you received a call 14 describing, I guess, the vehicle as well as Mr. Greer; is 15 that correct? 16 A. Yes, sir. 17 Q. Okay. And was -that an anonymous call? 18 A. No, sir, it was from an informant. 19 Q. An informant? 20 A. Yes, sir. 21 Q. Okay. And can you give us a name of the 22 informant? 23 A. No, sir. 24 Q. Does Dispatch have any type of a link or listing 25 as to that person so that if we needed to we could DENISE C.PHILLIPS, CSR j OFFICIAL COURT REPORTER ~- --··---- ---- -·-· -·- --··------·-------------2-72ND--DISTR-ICT·-co'O'RT·------------------- ----···----------···-· l 88 l,, 1 interview that person? 2 A. No, sir. J 3 Q. And that's where you received your information 4 that Mr. Greer might be in this particular vehicle; is u 5 that right? u 6 A. Yes, sir. 7 Q. Okay. Prior to receiving that call from the J 8 confidential informant, you had no direct personal I ~ 9 knowledge that Mr. Greer was, in fact, in that particular 10 vehicle; is that correct? u 11 A. Yes, sir. 12 Q. Okay. n u 13 A. Not prior to the call, no. u 14 Q. Not prior to the call. Okay. The -- you didn't 15 actually participate in the inventory search, but you're ~ 16 aware of how those are to be handled; is that correct? ~
17 A.Yes, sir. 18 Q. Okay. And there's a -- there's a Sheriff's ~ 19 Office policy that everybody's supposed to follow; is that 20 fair to say? ·~ 21 A. Yes, sir. ~ 22 Q. And basically, you're to invent'ory all the 23 contents of the vehicles; is that correct? ~ 24 A. Yes, sir. ~ 25 Q. Okay. DENISE C.PHILLIPS, CSR ~--- -- ~- -- ----------------,---~-`` ~·````I``~-``T````````,____________,_ _ --------·-------- D 89 D-- 1 MR. GRAY: May I approach the witness, 2 Judge? O 3 THE COURT: Yes, sir. 0 4 5 Q. (By Mr. Gray) I'm going to hand you this document, and can you tell me what that is? 0 6 A. Yes, sir, this is an inventory -- vehicle 7 inventory sheet. 0 8 Q. Okay. Does it appear to reference this 0 9 particular case? 10 A. Well, I didn't check everything in ~he car 0 11 myself, so I can't tell you everything in detail, but some 0 12 13 things on here that do. Q. Okay. So, that looks like the right report? 0 14 A. Yes, sir. 15 Q. Okay. And does it also have Deputy Ficke's 0 16 signature on it as well? 0 17 18 A. Yes, sir. Q. I don't anticipate that he's going to be called, 0 19 but he was the one that actually prepared this sheet; is 0 20 21 that correct? A. Yes, sir. To my knowledge, yes, sir. 0 22 Q. To your knowledge? 23 A. Yes, sir. 0 24 MR. CALVERT: Judge, at this point, we'll 0 25 offer State's Exhibit 15, which is the inventory form; and DENISE C.PHILLIPS, CSR n. OFFICIAL COURT REPORTER t:l--------· ----- --------------------------------29-2ND·-rHBTR-I-eT-C::OURT------------------------ ------------------- [J 0. . 90 0--. 1 we have no objections to -- well, we'll offer that at this 2 point. D 3 (State's Exhibit No. 15, Inventory form, 0 4 5 offered.} MR. GRAY: We have no objection, Judge. 0 6 THE COURT: No further objection? 7 MR. GRAY: No further objection. _Judge, D 8 that was actually at our urgence, and that should prevent /'"1. 0 9 the deputy from having to testify. 10 THE COURT: All right. 15 is admitted. 0 11 (State's Exhibit No. 15 admitted.) 12 Q. (By Mr. Gray) We talked a little bit about 0 13 Monishia's demeanor when you had visited with her; is that 0 14 right? The Prosecutor asked you some questions? 15 A. Yes, sir. 0 16 Q. Okay. Now, not going into what she said or 0 17 18 anything, but let's just talk a little bit on her demeanor. 0 19 You had the jacket. You walked from, I 20 guess, the vehicle that Mr. Greer was -- was driving, and 0 21 you had the jacket, but you didn't have the gun; is that 0 22 right? 23 A. No, sir. 0 24 Q. Okay. And you walked up to Monishia -- was she D 25 in the patrol car? DENISE C.PHILLIPS, CSR g_·~--- ----- --------------·----------``-``````T``~-``T``~g``ER ] 0 91 o. 1 A. Yes, sir, she was in the back of the patrol car. 2 Q. Okay. And, again, not going into what she said, 0 3 but when you presented that jacket or showed her that ~ 4 jacket, what was her immediate response as far as her 5 demeanor? 0 6 A. As far as her demeanor was is that she had that 7 type of demeanor when you ask somebody a question -- or D 8 even children, you ask them a question, and they 0 9 10 immediately deny it. Q. Okay. 0 11 A. That look of denial. u 12 13 Q. Okay. And you don't gasping or sighing, like, ahhh? you don't recall her 0 14 A. She might have. She might have made some type of 15 verbal I don't know. I don't know if sigh is what you 0 16 call it. 0 17 18 Q. Okay. As to the jacket -- she was also wearing a fairly large oversized jacket, too; is that right? 0 19 A. Yes, sir. 20 MR. GRAY: Pass the witness. 0 21 REDIRECT EXAMINATION 0 22 BY MR. WARD: 23 Q. Detective, the confidential informant, have you 0 24 worked with that confidential informant before? 0 25 A. Yes, sir, I have. DENISE C.PHILLIPS, CSR . fl OFFICIAL COURT REPORTER ·o --·· -- --·-·-- ---- -·-· -···----- -·-··--~----·-27-2ND--DT-STRI-eT--e0URT------·--···------·-··- -··· -------···-··-··----- [} u 92 []_. 1 Q. Are they reliable, truthful? 2 A. Yes, sir. 0 3 Q. Okay. Did that informant provide you anything 0 4 5 other than a possible location for David Greer?· A. No, sir. 0 6 Q. And with Monishia Campbell, you had mentioned 7 before that you had worked with her previously as a 0 8 victim? 0 9 10 A. Q. Yes, sir. So, did she know you? [] 11 A. Yes, sir. 12 Q. Had she worked with you before? 0 13 A. Yes, sir. 0 14 Q. Was there any type of relationship between you 15 and her that you had -- you had cultivated since she was a 0 16 victim in one of your cases? 0 17 18 A. Yes, relationship, sir, just a friendly just talked to each other. a friendly 0 19 MR. WARD: Pass the witness. 20 MR. GRAY: Just a couple of quick questions, 0 21 Judge. May I approach? 0 22 THE COURT: Yes, sir. 23 MR. GRAY: Where are the pictures? 8 24 MR. CALVERT: They should be up there with 0 25 the court reporter. DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER tj··-------------- -------··---------------- ----- -272ND-DTSTRTCT-COURT-----···-------·--------· ---------- 0 0 93 n. 1 RECROSS-EXAMINATION 2 BY MR. GRAY: 0 3 'Q. Were you aware that there was a .22 shell found in a pair of jeans size 5? 0 4 5 A. Yes, sir. 0 6 Q. Okay. When were you told that? Was it during 7 the investigation, or was it after the fact? 0 8 ·A. It was during the investigation. 0 10 9 Q. A. During the investigation? Yes, sir. 8 11 Q. Would that have been prior to you interviewing not going into what she said, but would that have been 0 12 13 prior to you interviewing Monishia? 0 14 A. No, sir. 15 Q. Okay.· It was after that? 0 16 A. After. 0 17 18 Q. Because, in. fact, if you knew that there was a .22 shell found in jeans that could only fit a female, 0 19 that's something that you would at least ask her about in 20 her interview -- not going into what was said? 0 21 A. Correct. 0 22 Q. And I'll show you what's been marked as State's 23 Exhibit 8. Is that you're understanding of the jeans and g 24 the shell that they found? 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR IJ OFFICIAL COURT REPORTER -t:J· -----~ ------- ___:--------------------------2'1-2N-D-DI-S'I'-R-I-G-'I'---GG1JR-T-----·--·-----··------- ---·· ---------------· 0 D 94 [! . 1 Q. That's obviously not a .22 short? 2 A. No, sir. 0 3 Q. Can you distinguish whether that's a .22 long or a .22 long rifle just by looking at the picture? 0 4 5 A. That's a .22 long rifle. 0 6 Q. How do you know that?
7 A. I'm familiar with a .22. I have enough .22s that 0 8 I know the difference between a short and a long. 0 9 Q. Okay. And so, what's the long -- how much 10 shorter would the long be from the long rifle? 8
11 A. Idon't know the exact measure, but there's a difference where if you have a gun that's a short, you 0 12 13 can't fire a long rifle through a short barrel or -- or on D 14 pistols. 15 Q. Because the cylinder won't -- 0 16 A. Correct. Most weapons will specify whether they 0 17 18 can be fired with a long rifle or not. Q. Okay. You would agree with me, though, even 0 19 though some pistols are designed for shorts, folks will or 20 can fire longs in that particular pistol. It may not be 0 21 as safe; but as long as it fits in the chamber, it 0 22 dischaiges because your circumference is the same; is that 23 right? 0 24 A. Yes, sir; but it's the length that's the 0 25 difference, which if you do it with the pistol. DENISE C.PHILLIPS, CSR Maybe Q. ----- ----- ---------------------``!-~-~-``~±````~-T``!~:``r:___________________ -----·-------· u / l 95. l- 1 with a rifle 1 it's not that big of a difference; but in a 2 pistol/ it will not allow -- especially revolvers/ it will l 3 not allow the cylinder to function properly/ which you may 4 not get the proper rotation to line up with the barrel J 5 itself. You can cause a misfire for malfunction on the J 6 firearm. 7 Q. Okay. But you-all did not do any kind of test or J 8 actual ballistics or -- or anything of that nature/ that n 9 you're aware of on this particular gun or the shells; is u 1 10 that right? J 11 A. No 1 we didn't do any ballistics/ no/ sir. 12 MR. GRAY: Pass the witness. J 13 MR. WARD: Nothing further 1 Judge. J 14 THE COURT: You can step down. 15 Call your next. ~ 16 MR. CALVERT: Laketh McKinney. And 1 Denise 1 ~ 17 I had a typo. It's not Lakesh. It's Laketh. It should 18 be T-H and not 8-H. J 19 {Witness sworn.) 20 THE COURT: Have a seat. J 21 Go right ahead. ~ 22 LAKETH MCKINNEY, 23 having been first duly sworn, testified as follows: u 24 DIRECT EXAMINATION 25 BY MR.. CALVERT: J DENISE C.PHILLIPS 1 CSR J--~--------- ----------------------------``-``````I````~T````````----------------- ---- -----~---------- J I u 96 [l. 1 Q. Good morning, sir. Would you introduce yourself 2 to the folks in the jury, please? 03 A. I'm Officer McKinney of the Brazos County 0 4 5 Sheriff's Department. Q. And your first name, pronounce it for me? 0 6 A. Laketh. 7 Q. And it's L-A-K-E-T-H? 0 8 A. That's right. 0 9 Q. All right. What do you do for a living?
10 A. I'm an officer with the Brazos County Sheriff's 0 11 Department. 0 12 13 Q. A. You're a detention officer? Yes. 8 14 Q. You work in the jail? 15 A. Yes, sir. 0 16 Q. Okay. I want to direct your attention to the guy 0 17 18 sitting two seats to my left, Mr. David Greer. recognize him and know him? Do you 0 19 A. Yes, I do. 20 Q. And I want to go back to August 29th of this 0 21 year, a couple of months ago. Were you, I guess, 0 22 supervising the Defendant in a part of the jail? 23 A. Yes, I was. 0 24 Q. And did you have an occasion to have a discussion 0 25 with him and basically tell him that he needed to follow DENISE C.PHILLIPS, CSR -D-``-- -·---- -·-·---------------0-~!-~--~-``~±````-``-````-``-:....E_R _________________________ 0 [l 97 [l 1 the rules? 2 A. Yes, sir, I did. Q 3 Q. What _was the Defendant's response to you -- well, 0 4 5 at the time, you were aware he was in jail for this case, correct? 0 6 A. Yes, sir. 7 Q. Okay. What was the Defendant's response when you 0 8 told him that he needed to follow the rules? 0 9 10 A. His response to me was that he was in jail for not following the rules, and he wasn't about to start now. 8 11 MR. CALVERT: Pass the witness. 12 CROSS-EXAMINATION 0 13 BY MR. GRAY: u 14 15 Q. A. And was this conversation recorded? Was it recorded? 0 16 Q. Yes, sir. 0 17 18 A. Q. I wrote a report. Okay. I understand you wrote a report, but was 0 19 there any type of audio that we can review and the jury 20 can take a look at to -- to give us a better sense of the 0 21 conversation and what was said? 0 22 A. There are cameras in there that records 23 everything that goes on. But I'm not for sure about the 0 24 audio of the cameras. But as I stated earlier, I did 0 25 write the report. DENISE C.PHILLIPS, CSR 0 OFFICIAL COURT REPORTER ---~- ---~- ---------------~----------2':/-2-N-B_:_D.r-S'I'-R-±-C-'I'-GOURT------------~--~-----~ ----------------- G 98 0 1 Q. Okay. Is it then possible that there is an audio 2 and a video? 0
3 A. Iknow there's a video, but I'm not for sure 0 4 5 about the audio. Q. Okay. Now, you'd agree with me _that when you-all 0 6 were having the conversation that Mr. Greer was upset; 7 would that be fair to say? 0
8 A. Iguess it would be safe to say that he may have 0 9 been upset. But it was just a mere question that he was 10 asked to do, to follow the rules. 8 11 Q. Oh, I understand. I'm not trying to indicate 0 12 13 that you weren't being fair or anything like that. just saying from your vantage point did he appear to n6t I'm 8 14 t~ be real happy with you at that point? 15 A. Well, none of them are when it comes to following 0 16 the rules. 0 I 17 18 Q. Well, I understand. But if you're telling him to follow the rules and he didn't want to follow the rules, 0 19 it's fair to say in his mind he didn't want to do what you were asking him to do; is that fair to say? 0 20 21 A. That was an ongoing thing with him. So -- 0 22 . Q. All right. You would agree with me that if he 23 was upset, sometimes we do and say things that we don't 0 24 necessarily mean; is that fair to say? 0 25 A. Not with Mr. Greer. DENISE C.PHILLIPS, CSR U ~ OFFICIAL COURT REPORTER -· ---· ·-· ---··-- -----------------------``2-'7-2N-D-D±S'I'-R.J.G-T-GOUR'1-'-------------------~--- --·--·----·------ u 99 0- 1 2 Q. So, everything Mr. Greer -- in your experience, every word out of this man's mouth was exactly what he 0 3 means? D 4 5 A. Yes. MR. GRAY: Pass the witness. 0 6 MR. CALVERT: Judge, I have nothing further. 7 THE COURT: You can step down. 0 8 MR. CALVERT: I ask that the witness be 0 9 finally excused. 10 THE COURT: You're finally excused. 0 11 Call your next. 12 0 13 MR. CALVERT: we have no further witnesses. Judge, at this point in time, We will offer for all u 14 15 purposes State's Exhibit 14, which is a written stipulation between the parties signed by the Defendant, 0 16 his attorney and myself which stipulates that the 0 17 18 Defendant is one and the same individual convicted of possession of methamphetamine in a prior felony listed in 0 19 the indictment that was read to the jury. 20 And also that the offense date of this case, 0 21 February 16th, 2012, is within the time frame outlined in 0 22 the statute for this offense. 23 (State's Exhibit No. l4, Stipulation, 0 24 offered.) 0 25 THE COURT: That will be admitted. DENISE C.PHILLIPS, CSR 0---- --- ·------------------~-----``-``~-``-~.1-~.~-``.~T-````-````------------ ---·----~------ [j n 100 1 (State's Exhibit No. 14 admitted.) D---. 2 MR. GRAY: No objection. 0 3 MR. CALVERT: And we will rest. 0 4 5 (State rests.) THE COURT: The State has rested its case. 0 6 Does the Defense care n 7 ~ MR. GRAY: Judge, I just have one issue that will be brief outside the presence of the jury. 0 9 10 THE COURT: All right. Step into the jury room, ladies and gentlemen, and let's take a ten-minute 0 11 break. 12 (Jury retired.) 0 13 THE COURT: All right. What is the matter? D- I' 14 MR. GRAY: Judge, the State has rested, and 15 they have concluded their presentation of the evidence in D 16 the case-in-chief. 0 17 18 Judge, at this point, we would urge our suppression motion .. It was timely filed, and the law is 0 19 such that we can carry that into the trial for judicial 20 economy, and that's what we did. But this is the proper 0 21 junction to urge that motion. 0 22 A couple of things, Judge, the -- we believe 23 that the basis of the stop was an illegal stop. It was 0 24 not based upon any traffic offense or any offense 0 25 whatsoever that was seen by any of the officers. DENISE C.PHILLIPS, CSR There's rl·· OFFICIAL COURT REPORTER tj-·-·---- ---- -----------------------2-?zNB-B-I-STR-I-eT-eOURT---·-----------·-- ------·-··---- 0 )l 101 LJ 0-,, 1 no testimony as to that. n 2 Investigator Ledesma had indicated that the 3 information that they received linking them to my client 0 4 5 and Monishia was that there was a description that they were -- and that they were in this vehicle, and they were 0 6 driving this particular vehicle. 7 The problem we run into, if this was a 0 8 identifiable person, if even Dispatch had a name or a D 9 phone number or an address, somewhere where we could talk 10 to this person, we could potentially determine their 0 11 veracity, whether they're telling the truth or not. Just 0 12 13 the generalized statement that this is a reliable confidential informant, I don't think that gets us there. 14 It's not my intention to expose a 15 confidential informant, but they don't get it both ways. 16 THE COURT: Well, let me ask you this: Are 17 they really depending on the informant? Looks like 18 they're basing it on the fact there were two active 0 19 \ ----- warrants for the person,~nd he was identified in the l .. t 20 vehicle.___J\ 0 21 MR. GRAY: But, Judge, that was only after 0 22 Ledesma was contacted by this CI. This whole thing 23 started from the CI. They wouldn'' t even have looked into 0 24 this case, known where he was driving, any of that information -- [J 25 DENISE C.PHILLIPS, CSR Q___ ---~ --~--``---------------0~-~-~-~-````e````~T``~g:~-ER__-~------------ 0 n 102 0- 1 THE COURT: But they -- they did come up on 2 the vehicle and identify him before they pulled him over, n 3 correct? 0 4 5 MR. GRAY: THE COURT: No. Did not? 0 6 MR. GRAY: They came upon a vehicle matching 7 the description of the vehicle, but there was no license Ll 8 number -- 0 10 9 what -- THE COURT: A license number or what 0 11 MR. GRAY: We didn't hear that. And that's 12 why I -- I visited with the one individual, the officer as 0 13 to the tinted windows because, obviously, that would go 0 14 into whether you know, an officer may have known him 15 and was able to identify him. And if there were tinted 0 16 windows, then he would not be able to. And so, we 0 17 18 would -- THE COURT: So, we are depending on an D 19 informant to pull,him over? 20 MR. GRAY: Yes. 0 21 THE COURT: Who has been identified as 0 22 reliable and credible. 23 MR. GRAY: But, Judge, just a statement that 0 24 he's reliable and credible, I mean, that's --you know, 0 25 we -- you kno~j it also violates my client's right to DENISE C.PHILLIPS, CSR rr· ``-- -- --------- OFFICIAL COURT REPORTER -~----------------------------272ND-DrSTRrCT-COURT---------------···-- -·:-·-------------- 0 0 103 / 0 1 confrontation. You know, we need to have the ability to 2 test that evidence. We just can't have an officer say, 0 3 "Well, it's reliable." Well, how many times? How many 0 4 5 times? I mean, how many controlled buys did you do? know, each time was the money counted? Is there -- is You 0 6 there videos that we can review to see that this 7 confidential informant is -- is you know, is reliable? 0 8 Is there a pending case? 0 9 THE COURT: What's the difference in this 10 and a search warrant where all you have is an unnamed 0 11 informant who's done transactions in the past and proven 0 12 13 to be reliable and credible? base a search warrant on. And that is sufficient to What's the difference in this 0 14 and that? 15 MR. GRAY: Well, just that, there's not a 0 16 search warrant. 0 17 18 THE COURT: MR. GRAY: Well -- You know, if there was a search 0 19 warrant that was reviewed by a magistrate and within those four corners, even if there was hearsay, it was sufficient 0 20 21 for that magistrate or judge to sign off on it. That D 22 would be one thing. And that's what the law prefers is a 23 search warrant. And there was no search warrant in this 0 24 case, Judge. 0 25 On sort of a side issue, too, Judge, the DENISE C.PHILLIPS, CSR -0\``-- ____ -------------------0-~!~-````:r-``-``~T````-``-E_R __________________ _ 0 104 n. 1 inventory, the reason I had that admitted as to the 2 inventory listing was the two officers testified that they 0 3 are to -- the whole purpose of an inventory search is to list all the items found within that -- that vehicle so 0 ----~ 4 5 .....-- that there's no issue as far as that. They have to follow 6 that policy, and that's just the rule on the inventory 7 searches. [J 8 There really is no true, search incident to 0 9 10 arrest anymore as long as the Defendant, my client, would not be able to harm or tamper with evidence. And we've -- 0 11. there was no issue as to that. He was in custody. He was 12 in handcuffs. 0 13 THE COURT: Well, isn't that -- isn't that 0 14 the law where, you know, if they're not able to reach for 15 a weapon, then that -- that part of it's absolved, and the 0 16 inventory search doesn't depend upon reaching for a 0 17 18 weapon. MR. GRAY: Right. Yeah, absolutely, Judge. 0 19 I just wanted to make that distinction that, you know, 20 they don't get there on a search incident to arrest for 0 21 sure. 0 22 THE COURT: Right. 23 MR. GRAY: And I don't think anyone's argued 0 24 that, and I don't think the state -- 0 25 THE COURT: No, nobody's arguing that. DENISE C.PHILLIPS, CSR n ·o·----- ------- -~ OFFICIAL COURT REPORTER --------~-----~-----~--------~2-7-2-ND-Ili-5-TR-I-C-T---GGUR'I'_:_·-----------~----------- ---------·-'- D 0 105 0. . 1 MR. GRAY: Okay. So 1 what we're left with 2 is the inventory search; and it is their policy and 0 3 procedure to inventory all items that are found in that [l 4 particular vehicle. We've got an inventory list that 5 inventories items found there within that cab, but nowhere 0 6 will you find a distinction -- it says miscellaneous 7 clothes/ but any distinction as to those size 5 jeans that 0 8 we have a picture of that's in evidence or more precisely n 9 10 that .. 22 long or long rifle shell. So -- and the whole purpose of this is so -- 0 11 and even in the policy of the Sheriff's Office so that we 0 12 13 can't cloak a -- a search for evidence by calling it an inventory search. 0 14 So 1 you don't get it both ways. If you're 15 going to do an inventory search/ you've got to inventory () 16 all the items. You don't get to pick and choose because 0 17 18 if you're picking and choosing/ then it's really a search for evidence. 0 19 THE COURT: S0 1 a poor inventory search is 0 20 21 not admissible? If it had been a complete inventory search 1 it would have been admissible? :0 22 MR. GRAY: I think it's closer. I think 23 that goes to whether it's a true inventory search. 0 24 Otherwise/ Judge 1 why not? If you've got 50 items in the D__ 25 car and you've got two pieces of evidence/ why not just DENISE C. PHILLIPS CSR 1 . f-f OFFICIAL COURT REPORTER ·tJ·-----~-- ---·-- ---~----·-----------~2"72ND-DISTRI CT-COURT--------~--------- ·---- ----~--~-- 0 n 106 pull out the cocaine and the gun; and we're going to call 0--- 1 2 that an inventory search. We're going to put those two [J 3 items on there. That didn't happen here. 0 .· '~.-" 4 ----f-· /.-·· 5 THE COURT: But the fact remains they would always do an inventory search when there's an arrest. The 0 6 fact that there may be an ulterior motive, a reason to 7 search for other reasons, is, to me, not determinative 0 8 b~cause if they had a valid reason to do an inventory n 10 9 search even though that might not have been their primary motive, they can rely on that even though their primary 0 11 motive was something else. I may be wrong.about that. 12 MR. GRAY: Well, Judge D 13 THE COURT: The facts support a valid 0 14 inventory search, and they say that was one of the reasons 15 we did the search. 0 16 MR. GRAY: Well, Judge; and this is -- I 0 17 18 mean, that's the whole thing. Even their policy states: This inventory procedure may not be used as a pretext to ~ 19 conduct an exploratory search for incriminating evidence. That's their own policy. 0 20 21 THE COURT: Okay. 0 22 MR. GRAY: So, again, I have real 23 THE COURT: Is that in evidence? 0 24 MR. GRAY: No, Judge; but it's a suppression .0 , 25 hearing; so -- I mean, I can offer it. DENISE C. PHILLIPS, CSR It's the policy. f( . · OFFICIAL COURT REPORTER . tJ----------- ------------------------2-7f2ND-:BISTR-IeT--eOURT-----.--·--------- ------·----- D 8 107 Cl 1 Do you have any objection? 2 MR. CALVERT: No, I was actually going to 0 3 offer it myself, so go ahead. ~ 4 MR. GRAY: That's my only copy. ~' 5 MR. CALVERT: I've got another one. 0 6 MR. GRAY: And so, that's their copy of 7 their policyi and that's what I was referencing. 0 8 THE COURT: What is -- what exhibit is this? D. 9 MR. CALVERT: I have one that's marked, if 10 you nee"d D 11 MR. GRAY: Do you? Q 12 13 MR. CALVERT: MR. GRAY: Yeah. I have no objection if he wants 0 14 to offer it. 15 MR. CALVERT: This will be State's 16? D 16 THE REPORTER: Yes. 0 ' 17 MR. CALVERT: Do you have a stapler? 18 THE REPORTER: Yes. 0 19 MR. CALVERT: Here you go, Judge. 20 THE COURT: All right. 0 21 MR. GRAY: Yes, Judge. Is that it? Again, their policy 0 22 is that, you know, you can't -- you can't just call it 23 call it an inventory search and it not be an inventory D 24 search. It's an exploration for evidence. So, we would 0 25 argue as to that, that that's an illegal search. DENISE C.PHILLIPS, CSR There OFFICIAL COURT REPORTER -0----------------- ------------- STRICT-COURT·-------------------- --------------- -----------------------~-272ND-DI 1 0 8 108 n 4' 1 2 was no search warrant. We also again, we have real issues with 0 3 the initial detention was by confidential informant. We 0 4 5 don't have any specifics about how many times that person has testified, if they've testified truthfully, only that 0 6 the person is reliable. We don't have any specific 7 information as to, you know, the description of my client, 0 8 large male. He was wearing a coat. He wasn't wearing a :o 9 coat. The vehicle was a black truck, small black truck. 10 Whether there was an LP -- I mean, there's just -- we just 0 11 don't know these things. THE C.OURT: All right. I'm a little more D 12 13 concerned about the fact that he was never identified in_ '! ' ~'- Q r j 14 the vehicle, merely by a description of a confidential 15 informant. And, yes, there were warrants out; but they D. 16 actually have to see him in there and identify him before ,'0 17 they pull the vehicle over. 18 MR. CALVERT: Judge, in response to that, 0 19 the evidence is clear and the evidence in the record supports that this informant was a known individual. He 0 20 21 was known to Detective Ledesma. Detective Ledesma knows 0 22 this individual and has worked with him before. 23 The case law is very well established and D 24' goes back a long ways, that a tip from a known identified io 25 individual is presumptively reliable. DENISE C.PHILLIPS, CSR ~ 0 OFFICIAL COURT REPORTER - - - - - - ----------------·27'2N-:E>-DrSTR-r-eT-e0tJRT------------------- - - - - - - - - - u 0 109 :Q _ 1 THE COURT: Now, hets not identified. 2 MR. CALVERT: He is identified -- he's not 0 3 identified in this courtroom, but he's .identified to the D 4 5 person receiving ~he THE COURT: tip. Okay. 0 6 MR. CALVERT: And there is no right to 7 confrontation at that stage, and we are not relying on '0 8 any -- in this courtroom in terms of evidence in front of 0 9 this jury, we are not relying on any, you know, 10 information from that informant for purposes of this B 11 trial. Therefore, there's no right to confrontation here. The only basis for that is the stop. And D 12 13 so, you have a tip from a known identified individual to 0 14 Investigator Ledesma that is presumptively reliable in and 15 of itself simply due to the fact that this is a known G 16 person, identified person making the tip. 0 17 We haven't got yet to the fact that this 18 person has proven to be credible and reliable in the past. [j 19 That's over and above what's required by law. Moreover, 0 20 21 Your Honor absolutely correctly pointed a critical distinction in this particular scenario when you 0 22 referenced a search warrant. 23 The standard of proof required for a search J 24 warrant in which case this would be sufficient is probable J 25 cause. We're not talking about probable cause here. DENISE C.PHILLIPS, CSR J____ ------- -------------------``-~-~-~-````-````~T````-:~_._E_R-------------1------------ J 110 l We're talking about an investigative detention. We're l 1 2 talking about a traffic stop. All that's required is ] 3 reasonable suspicion. ---=--------- ~. 4 The officers only have to have reasonable " 5 suspicion that this individual and the other individual, ~· 6 Monishia Campbell, were in that vehicle. And so, then, 7 you go back to what we have. We have a known inform -- a ~ 8 known person making a presumptive -- a legally ~ 9 [i~esumptively reliable tip to law enforcement that these 10 two people are in this vehicle. That's the -- and they're 1 11 in this area. That's the evidence that's in the record so ~ 12 13 Moreover, in addition to it being ] 14 presumptively reliable under the law, that individual 15 that's telling them that, has already previously been ·~ 16 found to be credible and reliable in the past. They go ~ 17 out there. Sure enough, there's the vehicle. There's no 18 way that that is not reasonable suspicion for those u 19 officers to stop that vehicle and further investigate 20 what's going on. ~ 21 And so, on the basis of the stop, because ~ 22 reasonable suspicion is the only standard, the low 23 standard that we're using for the stop, there's more than J 24 enough. There's ample evidence to support a finding of 25 reasonable suspicion that the stop is good. And as J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~---- - · - - - - ------272ND-DrSTRTCT-COURT------------. -------·--·--· ] \ 111 J J__ 1 Counsel already said, there's no question that the 2 warrants are good, and the evidence is very clear that the l ! 3 resulting s~arch was conducted pursuant to their inventory 1 4 policy. ' If it was not as thorough as Counsel would have 5 liked, that goes to weight, not admissibility. ,,' '\ j 6 MR. GRAY: Judge, I agree. The standard as 7 to a detention is there must be reasonable suspicion to 1 1 8 pull over the vehicle; but with that, you need specific } 9 articulable facts to get into that. And they don't have 10 that. n u 11 They've got a confidential informant that we 12 don't know what in the world the person said to 1; 13 Investigator Ledesma. We don't know about any of the ~ i{ if 14 specifics, how he described my client, the vehicle, any of 15 these things. And the person hasn't been determined to ~ u 16 be all he said was a broad statement. He's reliable, :l 17 or the CI is reliable. That's not enough. It's not ~- 18 specific and articulable. } 19 If we can't go to that person and get 20 specific facts as to how do you know that was the right J 21 person, how do you kpow that was the right truck? And ~ 22 then, we have no ability to cross-examine this person 23 because they won't give us the information. 24 THE COURT: I'm going to deny the motion to 25 suppress. DENISE C.PHILLIPS, CSR ~--- ---- --------~------------``-~-````~-r``~-``T``````E_R_________~-- ----------- } 112 ~ 1 Ready to bring out the jury? J- 2 MR. CALVERT: Yes, sir. ~ J, 3 MR. GRAY: Yes, Judge. ~ 4 THE COURT: Bring them out. 5 {Jury seated.} ~ 6 THE COURT: Everyone be seated. 7 Mr. Gray? ~ ;:; MR. GRAY: Judge, we would call Monishia 8 ~ 9 Campbell. 10 THE COURT: All right. u 11 I believe I have previously placed this 12 witness under oath. ~ 13 Go right ahead, Mr. Gray. J 14 MR. GRAY: Thank you, Judge. u 15 MONISHIA RENE CAMPBELL, ~ 16 .h~ving been first duly sworn, testified as follows: n 17 DIRECT EXAMINATION u 18 BY MR. GRAY: } 19 Q. Could you go ahead and state your name for the 20 record? ~ 21 A. Monish~a Rene Campbell. . ~- . ~ 22 Q. Okay. And just to kind of look forward right 23 away, do you know David Greer? ~ 1' 24 A. Yes, I do. ~ 25 Q. How do you know him? DENISE C.PHILLIPS, CSR ~- OFFICIAL COURT REPORTER ~·-------- ---------------------2-?2ND-DISTRTCT-COURT _________________ - - - - - - ~ 113 J l1 A. Iwas in a relationship with him for years. J- 2 Q. Okay. About how long were you two in a l 3 relationship? ~- 4 A. Two years. u 5 Q. Two years. Okay. And let me draw your attention u 6 to February the 16th, 2012~ Were you with David in a 7 vehicle that was pulled over by the police? ] 8 A. Yes, sir. 9 Q. Okay. And not going into the specifics as to the J 10 arrest, you were arrested and placed in handcuffs; is that 0 [J 11 right? ~ u 12 A. Yes, sir. 13 Q. Okay. And was David -- was he also arrested and J 14 placed in handcuffs? u '1 15 A. Yes, sir. J 16 Q. Now, we've talked about February 16th, which was ~ 17 the day of the arrest. The day before that, did anything 18 happen between you and David? ~ !J u 19 A. We got in an argument. 20 Q. Okay. And not going into what anybody said, was ~ 21 it your intention at that·``{~t that you guys were going 0 .... ·... u 22 to break up? 23 A. Ineeded some space away from him. I was mad. ~ ~ 24 Q. Okay. And so, in response to that, what did you !\ 25 do as far as your belongings? J DENISE C.PHILLIPS, CSR ~ .. ' OFFICIAL COURT REPORTER J---·--- -------·----------·--';.z-9-2-ND-BI-STR-IE:T-E:0URT·------~------- -------- ~--------------------------------------------------------------~ 114 J l 0
1 A. Igrabbed whatever clothes and items I could 2 grab, and I grabbed a gun and placed it in my bag and J 3 left. A 4 Q. Okay. ~
5 A. Ihad called him the following day, the next day ~ 6 and asked him to come get me, and he did, and we got n 7 pulled over. tl J 8 Q. Let's back up just a little bit. So, you grabbed ~ 9 all your belongings, What all did you grab? u
10 A. Igrabbed the gun. I grabbed some clothes, a ~ 11 jacket, just a bunch of stuff. I mean, it was the heat of 12 the moment. I was mad. Whatever I could grab. J 13 Q. And where did you -- where did you place those n ~ 14 items? 1
5 A. In a bag, kind of like a duffle bag. ~ 16 Q. Okay. il
17 A. Ijust crammed it all in there. u 18 Q. And then, where did those items ultimately go? J 1
9 A. In the back of the truck. ~ 20 Q. Okay. 21 A. But they -- it was all mine. 22 Q. Okay. So, we have these items that you put in 23 the back of the truck. Is that the same truck that David 24 was driving on the date that y'all got pulled over? 25 A. Yes, sir. DENISE C.PHILLIPS, CSR 1~···~-- _____________________o_~-~-``~A~I"````-~TR~;g``..-E_R___________ 1__________~ 'l 115 I J l. . ·. 1 Q. Okay. 2 MR. GRAY: May I approach, Judge? J 3 THE COURT: Yes, sir. ~ 4 Q. (By Mr. Gray) Let me show you a couple of items. 5 One of which is going to be this jacket. Do you recognize ~ 6 this jacket? 7 A. Yes, sir. J 8 Q. Okay. And how do you recognize it? ~ 9 A. That's a jacket that I had in my property. 10 Q. Okay. Is that one of the items that you grabbed ~ 11 when you were getting your belongings together? ~ 12 A. Big possibility, because like I said, I was mad; 13 and I just grabbed a bunch of stuff. ~ . ·.. 14 I Q. Okay. 15 MR. GRAY: What did we do with the gun? Is ~ 16 it locked up? i] 17 ~ Q. (By Mr. Gray) We've already checked to make sure 18 there's no ammunition; and it's not a live pistol; but J 19 just looking at this, do you recognize this? 20 A. Yes, sir. J 21 Q. What is that? 22 A. That is a .22 revolver. J 23 Q. Okay. And whose revolver is that? ~ 24 A. That is mine. ~ 25 Q. Okay. And does it look -- I guess other than the DENISE C.PHILLIPS, CSR ~-``-~- · - · - ____________________o-'-'~!````~:r-````~T````-``-E_R_·------~------ l 116 l 1 dust, the fingerprint dust, does it look to be in about 2 the same condition as the last time you saw it? J 3 A. Pretty much. ~ 4 Q. Okay. And you say that that's your gun; is that 5 right? !J 6 A. Yes, sir. 7 Q. That's not David's gun? ~- 8 A. No. ~ 9 Q. Okay. Why would you need a gun?
10 A. Ihad been sexual assaulted and kidnapped a ~ 11 little while ago. Protection. n 12 Q. Okay. I drew your attention to the date of lJ 13 February 16th. Was the rape and kidnapping, did that ·~ 14 happen before this date? 15 A. Yes. ~ 16 Q. Okay. Now, my intention is not to go into the ~ 17 details of that or to bring that up, but is it fair to say 18 that's why you had the pistol with you? ~ 19 A. That's exactly why I h~d it. 20 Q. Okay. Now, when you grabbed that, that pistol ~ 21 and your clothes, do you recall precisely where you put 22 the pistol? J 23 A. No, I was -- like I said, it was the heat of the :l lJ 24 moment. I just stuffed whatever I could wherever I could. ~ 25 I just wanted -- I was mad, and I just wanted to get up DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l--- ---- ---------- ----------------------~-------~-2-7-2ND--DI£'I'-R-IQ'I'-GQUR-'I'----------~----------~-- ---------·------------ 1 117 1 1 and get out of there. But I definitely didn't want to 2 leave the house without being armed with something. 3 Q. Was that -- was it such that you left the -- even 4 though you don't know where precisely you put the pistol, 5 is it do you recall whether you left it out in the n u 6 open; or would it have been potentially covered with 7 something? 8 A. Pretty much I would have covered it with 9 something because I wouldn't want him knowing that I had 10 it. 11 Q. Why is that? 12 A. Because I knew he was a felon. I didn't want to 13 get him in trouble. 14 Q. Okay. And when you grabbed your clothes, was it 15 just one or two garments; or was it a pile? 1
6 A. It was a bunch of stuff. 17 Q. Okay. So, not a situation where you planned a 18 trip to the Bahamas; and you neatly folded and packed 19 everything? 20 A. Exactly, I just crammed and stuffed. 21 Q. Okay. At the time that you-all were pulled over 22 on February 16th and a day or so before that, would it be 23 fair to say that you were concerned for your safety? 24 A. Yes, I still am. 25 Q. Now, at least at that time, to your knowledge, DENISE C.PHILLIPS, CSR ~ __ ----~ _ ----``--- __________0_~-~-````~T````~T````:~-E_R_ _ _ _~------ ``-------- 0 118 D- 1 was that individual out on bond that committed those acts 2 against you? 0 3 A. Yeah, he was. They put some bracelet around his 0 4 5 ankle thinking that would keep him away. Q. Okay. Now, that -- that -- that, in fact, is 0 6 David's jacket; is that right? 7 A. Yeah. 0 8 Q. Okay. But would you wear it from time to time? 0
9 A. Iwore all his jackets. 10 Q. Okay. Do you -- do you tend to wear -- I mean, 0 11 you're a petite you're a small person. Do you tend to wear larger jackets? 0 12 1
3 A. Istay cold, and bigger jackets keep me warm. 0 14 I'm able to tuck myself up in them. 15 Q. Okay. And we've already looked at the video; and 0 16 the Prosecutor may play some of that for you here in a 0 17 little bit; but when you were arrested, were you wearing 18 an oversized jacket then? 0 1
9 A. Iwas wearing an extra large. 20 Q. When you were arrested? 0 21 A. Yes. 0 22 Q. And then, I guess, more recently when I and my 23 legal assistant came out to the country -- and we won't 0 24 get into the address and disclose the location as to where 0 25 you're living right now -- but when we went out there, PENISE C.PHILLIPS, CSR 8-~--~--~-- ---~---------------O``````~T````-~T````:~-ER____________ ---------- 0 119 o. . 1 were you wearing a jacket then? .I was wearing a XL -- an XL jacket.
2 A. 03 Q. Okay. And that was different than the black one .. and the one you were wearing at the time of your arrest; B 4 5 is that right? 0 6 A. Yes. 7 Q. Had you ever seen David Greer handle that gun? 0 8 A. No. D 9 Q. Did you have any information or anything to lead 10 you to believe that he was aware that gun was back there? 0
11 A. Iknow for a fact he didn't have no clue. Like I 12 said, I wasn't mad at him; but I wasn't wanting to get 0 13 anybody in trouble. 0 14 Q. When you stayed with ~- were you guys sort of 15 living together at that time? 0 16 A. Yes, we were. 0 17 18 Q. Okay. When you would stay with him and you were living with him, where would you keep that gun at then? 1
9 A. Ihad a hole in the wall, out of sight, out of 20 mind. 21 Q. Again, I don't -- my intention is not to upset u 22 you, and I don't want you relive the past, but there's a 23 few other questions I need to visit with you on. 24 Have you -- have you been convicted of any 25 felonies or crimes of moral turpitude that would be DENISE C.PHILLIPS, CSR -· L-~ --- -- --- -------------·-·--------·····``-~-````~I ~-~-~-~-~T````~-``~------------·------~--- ·-·---··--·---------- w \ 0 120 0-. 1 misdemeanors? 2 A. That would be misdemeanors? 0 3 Q. Any felonies. First of all, let 1 s· talk about felonies. ·Have· you been convicted of any felonies? 0 4 5 A. Yeah, possession of crack cocaine of less than a 0 6 gram. 7 Q. And where was that out of? 0 8 A. Galveston County. 0 10 9 Q. Okay. At the time of the arrest in February of this year, were you on probation for that felony offense? 0 11 A. At the time of that arrest? 12 Q. Yes. 0 1
3 A. Iwas-- yeah,· I was supposed to be. I had a 0 14 warrant for my arrest in Galveston County when they pulled 15 us over in Bryan. I went and did eight months in 0 16 Galveston County after I had gotten the other charges 0 17 18 dropped. Q. Okay. S9, let me stop you there. This probation 0 19 that you were on, eventually, you were revoked; and you 20 spent some time in jail; is that right? 0 21 A. Yes, sir. 0 22 Q. So, it 1 s fair to say you wer.e convicted at some 23 point of that offense? 0 24 A. Yes. 0 25 Q. Okay. But going back to the date of February of DENISE C.PHILLIPS, CSR ~-~ ' OFFICIAL COURT REPORTER l:::J .-- --- - . . . . - ------·--·---------·----------- __ 2_7_2 ND_D_I S..TR LCT_~C_O_URT______________________________________________________ _ B 121 1 this year when you guys were pulled over, were you -- you 2 had not been revoked; is that correct? 3 A. When this happened and not -- not at the time. I ··- - • -+ •• • 4 think it was pending is -- when I got there, they said it 5 was pending [sic] on whether they needed to revoke it or 6 if they were going to reinstate it or just let me do my 7 time; and I chose to just do time. 8 Q. Okay. I think there's a little bit of confusion 9 there. So, let me try to clear it up. 10 You understand that the way it works is if 11 you're placed on probation and you do everything you're 12 supposed to, everything is good and you don't get 13 arrested; is that right? 14 A. Exactly. 15 Q. Okay. But if you violate your probation in any 16 way, there's a possibility they could file a motion to 17 adjudicate or a motion to revoke; is that fair to say? 18 A. Yes. 19 Q. Now, even though there may be a warrant out 20 pending, until a District Judge accepts -- either has a 21 hearing or accepts a plea, then that case is not final. 22 Does that make sense? 23 A. Exactly. 24 Q. Okay. So, I want to go back in time again to 25 February. There may have been a motion to proceed filed, DENISE C.PHILLIPS, CSR n 122 but had you been revoked and sent to jail yet? D- 1 2 A. No. O 3 Q. Okay. And do you know what type of probation you 4 were on there in Gai"veston? B
5 A. Iwas on deferred, deferred adjudication. 0 6 Q. Okay. And is that such that you're not 7 convicted -- 0
8 A. If you complete the deferred, you don't have it 0 10 9 no longer on your record. Q. Okay. And then -- okay. I didn't complete it. So, then, that's the 0 11 felony. And then, are there any misdemeanors, the 12 moral-turpitude-type crimes, which would be thefts or 0 1
3 A. I've got two thefts. I've got prostitution. 0 14 Q. And those were convictions as well? 15 A. {Nods head.} 0 16 Q. awhile on that ~n~ case; i~ th~t right? 0 17 18 A. Yes. 0 19 Q. Okay. And are you and David currently together 20 now? 0 21 A. {Shakes head.} D 22 Q. No? Okay. 23 MR. GRAY: Pass the witness. D 24 CROSS-EXAMINATION 0 25 BY MR. CALVERT: DENISE C.PHILLIPS, CSR 1-1 -tj--~ --- -·----- - OFFICIAL COURT REPORTER ---- ----- -- ------------------~-_2_7_2 ND__DI S.TR ICT~COURT____ ----------~---------------~ ---------------·------------·--- 0 D 123 o. 1 2 Q. At the time, y'all were living 2012, you were living with him, right? in February of o~ 3 A. (Nods head.) You have to yes or no for the court reporter. 0 4 5 Q. A. Yes. 0 6 Q. Okay. And the day before, you said that y'all 7 got in an argument; and you were packing your things. 0 8 Where was David when that was going on? You said it was 0 9 10 heated; A. He was still there, Yeah, we were right? had arguments; and he -- 0 11 usually, when we fight or had an argument, he walks out. 12 Q. And so, he wasstill at the house when you told 0 13 this jury you were packing up your things? 0 14 A. Yes. 15 Q. Now, you told the jury a minute ago that the 0 16 Defendant didn't know that there was a gun in that jacket; 0 17 18 is that right? A. Yeah. 0 19 Q. And let me back up for a step. Your testimony 20 was that -- that you had taken that gun that you're now 0 21 saying is yours; and you'd taken it from home; and then, [] 22 were with the Defendant and going back home·at the time 23 y'all got stopped, right? 0 24 A. Yes. 0 25 Q. And you said that -- you made it a point to tell DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 . ____________ -------·-·----·---------- ______ 2_'I2:ti!D_D_IS.TRI.CT_CODRT_________________ ----~------ 0 124 1 the jury -- you specifically said when you were packing up 2 your things, you made it a point to get that gun and take 3 it with you, right? 0 4 5 A. Q. Yes. Now, I think when you told Earl just a minute ago 0 6 what it was in -- I think your words were -- and I'm more 7 or less quoting -- "pretty much, I think I would have D 8 wrapped it up to hide it from him." That's what you said, 0 9 10 right? A. Yeah. 0 11 Q. So, you -- are you saying you think you wrapped 0 12 13 it up; or are you saying you did wrap it up? A. There's a big possibility I did wrap it up 0 14 because I -- No. 1, I wouldn't want him -- not just him to 15 see but anybody else. 0 16 Q. Okay. 0 17 18 A. And it's realiy hard for me to remember a lot at that time because, like I said, we were fighting; and it 0 19 was the heat of the moment. u 20 21 Q. I understand. And I understand some time has past, but I'm asking -- I'm not talking about D 22' possibilities. I'm asking about what you remember. 23 Are you telling this jury today that you 0 24 don't specifically remember wrapping up the gun before you 0 25 took it with you? DENISE C.PHILLIPS, CSR rJ · ·" OFFICIAL COURT REPORTER ·h:J-~------ -----·- ~--------·--~-~·-----~-~·2-7-2ND--D±S.!:.r-R-:1G'I'--GGUR-'I'---·----~-------------~--- ---------- u 0 125 0 1 A. No 1 I'm not saying that. 2 Q. Okay. So 1 you do specifically remember wrapping 0 3 up the gun before you took it with you? 0 4 5 A. Yeah 1 I'm going to go ahead and say that because that's usually what my actiohs would do. [( 6 Q. Are you saying it?7 A. I'm saying 1 yes 1 I wrapped the gun. 0 8 Q. Right. I .understand you're saying that. Are you 0 10 9 saying it because that's what you would normally do are you saying that because that's specifically what you 1 or 0 11 remember in this scenario? 0 12 13 A. Q. That's what I can vaguely remember. Okay. Well 1 do you remember talking to me 0 ; ; 14 yesterday out in the hallway? 15 A. Yes. 0 16 Q. And that was the first time you and I have ever 0 17 spoken about this case/ right? 18 A. Yes. 0 19 Q. And you remember telling me specifically that you/ quote/ "wrapped it up in clothes." Do you remember 0 20 21 saying that? 0 22 A. Yes. 23 Q. And you didn't equivocate on that/ did you? You 0 24 didn't -- there was no hesitation when you told me that 1 0 ; 25 right? DENISE C.PHILLIPS CSR 1 OFFICIAL COURT REPORTER -8----- --- ------- -----------------------~-7-2-NB-B-I-ST-RTeT--CGURT--- ------------------------ ---------------·- 0 0 126 0- 1 A. There was. There was a pause. 2 Q. So, it's your testimony now that you -- are you 0 3 aware that I was recording that conversation? A. No, I wasn't aware that you were recording 0 4 5 anything. 0 6 Q. Okay. And then you said that you wrapped it up 7 in clothes, and you put it in a black duffle bag with the D 8 rest of your clothes, right? 0 10 9 A. Q. Yes. And you then said that it was still wrapped up in 0 11 your clothes and in that black duffle bag when y'all got pulled over, correct? 0 12 13 A. Yes. 0 14 Q. So, that gun was in your bag, right? 15 A. Yeah, it should have been. 0 16 Q. Right. There's no reason for, like, in the car 0 17 18 ride for y'all to, like, take it out and do anything with it, right? 0 19 A. Well, I remember specifically being -- before 20 being put into the police car, there were officers already 0 21 digging in the back of the seat digging through my items. 0 22 Q. I understand. I'm talking -- my question is when 23 y'all were driving around, there was no reason for y'all 0 24 to to have that gun out or anything like that, right? [] 25 A. There shouldn't have been, no; but I did have all DENISE C.PHILLIPS, CSR p· . -l';j- ---- ·-- --- -----···- ··- OFFICIAL COURT REPORTER ---------------2-7-2-ND-BI-STR-I-G-'I'-GGHR'I'-------------- ---·-- ----·· - - - ·--· 0 Cl 127 0-- 1 my stuff thrown in the back when he picked me up. The 2 majority of my clothes were all in a bag. My jacket -- 0 3 Q. Let me try that again. WhiLe y'all were driving 0 4 5 around that day, before you got pulled over, there was no reason for y'all to be having that gun out, was there? 0 6 A. No. 7 MR. CALVERT: May I approach the witness, 0 8 Judge? 0 10 9 Q. THE COURT: {By Mr. Calvert) Yes, sir. You testified a minute ago to 0 11 Mr. Gray -- and I want to make this really clear. This 12 jacket right here, State's Exhibit No. 10, that's his 0 13 jacket, right? 0 14 A. Yes. 15 Q. He got this from his mom 0 16 A. Yes. 0 17 18 Q. correct? And it survived a fire. That's why it was D 19 significant, correct? 20 A. Yes. 0 21 Q. And you told Detective Ledesma all about that, 0 22 how that was his jacket, right? 23 A. Yes. 0 24 Q. And where it came from, correct? 0 25 A. Yes. DENISE C.PHILLIPS, CSR rl . · OFFICIAL COURT REPORTER ··tJ ------- --··-- ---------·-------- ··------ -·--·-------2-72ND-DI-STRrCT-·COURT---------~-----~•---------- 0 0 128 0- 1 Q. Now, your testimony today, though, is that this 2 jacket was actually -- well, we can agree you weren't 0 3 wearing this that day, right? 0 4 5 A. Q. Right. Because you were wearing another jacket. You 0 6 were wearing a camouflage jacket that day, correct? n 78 A. Iwasn't wearing a camouflage jacket, no. was wearing the camouflage jacket. Dave I was wearing a black 0 9 and red flowery satin jacket which was an extra L. 10 Q. Okay. Are you aware that he wasn't wearing any 0 11 jacket when y'all got stopped? 12 A. He had a camouflage hoody jacket on when we got 0 13 arrested. 0 14 Q. So, it's your testimony that at the time y'all I 15 got stopped, when the police got behind y'all, Mr. Greer 0 16 w-as-wearing a camouflage jacket? . . .---...... 0 17 18 A. Q. 'Yes .. Ok~y. And this, according to you today, was in 0 19 your black duffle bag in the backseat? 20 A. Yes. 0 21 Q. There was no reason because you were wearing a 0 22 jacket and you said that he was wearing a jacket -- there 23 was no reason for this, State's Exhibit 10, to be out, and 0 24 y'all doing anything with it while you're driving around 0 25 that day, correct? DENISE C.PHILLIPS, CSR -Q~--~ -·- --·-·------------0-!!~-````:E``-``~T``~-~-``E~----------- __ 0 0 129 D--,· 1 A. Correct. 2 Q. Okay. Oh, another thing is you told Earl a n 3 minute go that you know for certain -- well, obviously, he knows -- the Defendant knows this is his jacket, correct? 0 4 5 A. Yeah. '0 6 MR. GRAY: Objection. Calls for speculation 7 as to what someone else knows. 0 8 MR. CALVERT: I think the Defendant -- 0 9 10 Q. THE COURT: (By Mr. Calvert) Overruled. There's no question -- I mean, 0 11 this is his jacket. It belongs to him, correct? 12 A. Yes. 0 13 Q. He got it from his mother, correct? 0 14 A. Yes. 15 Q. Okay. He'd had that for a long time prior to 16 that day, correct? 0 17 18 A.· Q. Somewhat, a few months. Months, right? He didn't get it the day before. 0 19 It had been there for a while, correct? 20 A. Correct. 0 21 Q. Now, a minute ago, you told Earl that you -- that 0 22 the Def~ndant did not know that that gun, State's Exhibit 23 No. 11, was in that truck. Do you remember telling Earl 0 24 that a minute ago? 0 25 A. Yes. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ---------~------------· ---------2 72ND-DISTR-r-CT-COU1~.T---~-~--...,-------- -- ·---------~---~- [] 13 0 0--, 1 Q. And so, there's certainly -- you know, did you 2 carry that gun in that jacket? I mean, or -- or what did [j 3 you wrap the gun up in when you -- when you wrapped -- you 0 4 5 say you wrapped it up in your clothes? A. I wrapped it up in my clothes and stuck it in my 0 6 bag. 7 Q. Okay. 0
8 A. I-- 0 9 Q. So, when you say "wrapped it up," you didn't like 10 specifically put it in a particular pocket. You just kind 0 11 of wrapped it up and stuffed it in, right? D 12 13 A. Q. (Nods head. ) You have to say yes for the court reporter. 0 14 A. Yes. Yes. Yes. Yes. Yes. 15 Q. And you're telling this jury that the Defendant D 16 had no idea that there was a gun or anything illegal in [i 17 that vehicle, correct? 18 A. Correct. 0 19 Q. And you're telling this jury that there's no 20 question at all in your mind, in his mind and anybody's 0 21 mind that was there, that that jacket belongs to him, 0 22 correct? 23 A. Correct. 0 24 Q. So, we can agree that there was absolutely -- if 0 25 he knew -- or excuse me -- if he did not have any idea DENISE C.PHILLIPS, CSR g- - - - ------ --- ~----~ ----------~-----``-````~I````-~TR``````~--~--- ------------------------------------------ u 0 131 n-- ...... - 1 that there was anything illegal in that truck or that 2 there was a gun in that truck, would you agree with me 0 3 that there was absolutely no reason at all for him to lie [J 4 to the police about that being his jacket? 5 A. Exactly. [] 6 Q. Okay. When you talked to Rick Ledesma -- and you 7 knew Rick Ledesma before that day, right? 0 8 A. Yes. 0 9 Q. Y'all had a relationship, correct? 10 A. He was the investigator on my kidnapping case. 0 11 Q. Right. He's a nice guy, right? 12 A. (Nods head. } 0 13 Q. Was he always good to you, friendly to you? 0 14 A. Yeah. 15 Q. He came -- do you remember him coming up to you 0 16 while you were sitting in back of the squad car after you 0 17 18 got arrested and having a conversation with you? A. He had asked me 0 19 Q. Well, before we get into that. Do you remember 20 him coming back there and having a conversation with you? 0 21 Yes or no. [] 22 A. Yes. 23 Q. And when he came back there, he had that jacket 0 24 with him, correct? [I y 25 A. Yeah. DENISE C.PHILLIPS, CSR 0·- - ------ -------------- OFFICIAL COURT REPORTER 272ND-D"I-STRrCT--C01:JRT-----------``~--~-- --·--·----- 0 n 132 0-· 1 Q. And he asked you whose jacket that ·was, correct? 2 A. Yes. 0 3 Q. And then before you answered, he told you 0 4 5 something, didn't he? A. Truth. He said tell me the what? 0 6 Q. Uh-huh. And what did you say?
7 A. Itold him the truth. 0 8 Q. You said -- and let me clarify. You refer to him 0 9 as Hillbilly, right? 10 A. Yes. 0 11 Q. That's his name to you. You don't call him Dave 12 or David. You call him Hillbilly? 0 1
3 A. Icall him Hillbilly, yes. 0 14 Q. You told Rick Ledesma, "That's Hillbilly's 15 jacket," correct? 0 16 A. Yes. D 17 18 Q. And then,. Investigator Ledesma asked you, want to claim the gun that was in this jacket"? "Do you Do you 0 19 remember him asking you that? 20 A. He asked me word for word if I knew whose gun it 0 21 was. If I knew that gun -- that there was a gun in it. - 0 22 23 Q. Are you aware that you were being videotaped at that point in time? ---···----. 0 24 A. No, I wasn't. 0 25 ·Q. Okay. So, can we agree that the videotape would DENISE C.PHILLIPS, CSR Q~-~- OFFICIAL COURT REPORTER -- ----- ----- --------- ----- -- -------2-7-QNB--B-I-S-'I'-R-I-€-T--GGURT·----- -------·-- ----·-----··------- u 0 133 1 probably be a little bit more clear on that conversation Cl 2 than your recollection? Would you agree with me on that? 0 3 A. Yeah. 0 4 5 Q. Okay. And so, if the videotape shows Investigator Ledesma going back there and saying -- well, D 6 I'll come back to that in a minute. 7 He asked you about the gun that was found in 0 8 that jacket, correct? 0 9 10 A. Q. Yes. And when he asked you about the gun, you were D 11 really surprised to find out there was a gun in that 12 jacket or a gun anywhere in the truck, weren't ever? 0 1
3 A. Iwasn't really surprised. I was scared. ·o 14 Q. So, it's your testimony that you were not 15 surprised when Investigator Ledesma told you that they had 0 16 found a gun in that jacket? 0 17 18 A. Q. Exactly. And you immediately said no, no, no, no, no, 0 19 that's not my gun, right? 0 20 21 A. Q. Yeah. And you were not a convicted felon at that point, 0 22 right? 23 A. No. 24 Q. There was nothing illegal about you having a gun 25 at all, was there? DENISE C.PHILLIPS, CSR 0 134 1 A. No, there wasn't; but I did not know that 2 specifically at that time either. 3 Q. Now, you several times told Investigator Ledesma, 4 "That is not my gun. That is not my gun -- or not my 5 jacket. That's Hillbilly's jacket, and I didn't know that 0 6 there was a gun. It's not my gun. It's not my gun." You 7 told him that? 0 -'
8 A. Itold him it's not my gun. 0 9 10 Q. And the next thing you asked him was you were really concerned about Hillbilly getting in trouble, 0 11 right? 0 12 13 A. Q. (Nods head.) You have to say yes. 0 14 A. Yes. 15 Q. In fact, you asked him, "Is Hillbilly going to 0 16 get in trouble for a long time?" Do you remember asking 0 17 18 him that? A. Yes. 0 19 Q. At that point in time, it was clear based on the 20 conversation y'all were having that if they found a gun, 0 21 this could be real bad, right? 0 22 A. Yeah .. 23 Q. And you told the jury a minute ago that you knew 0 24 he was a convicted felon, right? 0 25 A. Yeah. DENISE C.PHILLIPS, CSR Q--- -~- -------------- ------``!-~-~-``~1-~-~-``~T````````----· ----------- --··---·---------·-- ' n 135 -rJ-- 1 Q. And you knew that that could be real bad for him, o 2 3 real bad for him if he gets caught with a gun? A. Yeah. 0 4 5 Q. A. And you knew that in that moment, Yes, sir. correct? 0 6 Q. There was no question in your mind about that? 7 A. No, sir. 0 8 Q. And you didn't want to see anything bad happen to D 10 9 him, right? A. Not for something he didn't do. 0 11 Q. Y'all were still in a relationship, right? 0 12 13 A. Q. Yes. Loved him? 0 14 A. Yes. 15 Q. Lived with him? 0 16 A. Yes. 0 17 18 Q. And at no point in t;.ime at all while y'all were out there on the roadside did you ever tell Investigator 0 19 Ledesma or anybody else out there that that wasn't his 20 gun? ,0 2
1 A. Idid tell Ledesma that it was not his gun. 0 22 Q. Are you telling me and are you telling this jury 23 that in that conversation right there on February 16th, 0 24 2012, you told Rick Ledesma that was not his gun? 0
25 A. Itold him it wasn't Hillbilly's gun, DENISE C.PHILLIPS, CSR and I told n OFFICIAL COURT REPORTER tj-· ----· -- ----- ·- -·---------------------2-7-;2-ND-DISTR-IeT-eGURT------------------- ------------- 0 D 136 ·0-- 1 him it wasn't my gun, but the jacket was his. 2 Q. And so, you -- I want to make clear I'm 0 3 understanding you. It is your testimoriy that that day in ·0 4 5 that moment when you knew how bad it would be for him if he got caught with a gun, you toid Rick Ledesma that that 0 6 gun did not belong to him? Is that your testimony? Yes 7 or no. 0
8 A. I'm telling you, yes, because he had asked me if 0 9 that was Hillbilly's gun; and I told him, "No." I said, 10 "Is Hillbilly going to get in a lot of trouble"? D 11 He said, "Is this your gun?" 0 12 13 Q. I said, "No." Later on that day, when you were being 0 14 transported -- as you were being transported by another 15 officer, another Sheriff's deputy named Sam Ballew. Do 0 16 you remember that? Do you remember being in the car ride Q 17 to the jail? 18 A. Yes. 0 19 Q. And during that car ride, you told Deputy Ballew 20 that you had no idea that there was a gun in the car? Do 0 21 you remember that? D 22 A. Yes. 23 Q. And that was after you had a conversation with 0 24 the conversation that you just talked about with Deputy 0 25 Ledesma; is that right? DENISE C.PHILLIPS, CSR -8,~-- ___ -------------------0``~-``~:E-````~T````-``-E_R_______________.__ 0 n 137 [J 1 A. Yes. 2 Q. Because, obviously, the talk with Investigator [1 3 Ledesma happened before you got transported to the jail, n 4 5 correct? A. Yeah, it was right in the door of the vehicle. n 6 Q. Right. 7 MR. CALVERT: Judge, right now, I'm going to 0 8 pass the witness. 0 9 REDIRECT EXAMINATION 10 BY MR. GRAY: 0 11 Q. Just to clarify a few things, going back to when 0 12 13 you visited with Investigator Ledesma, okay? As to the jacket, you did indicate that [J 14 this was on the February arrest date that it was 15 Hillbilly's jacketi is that right? 0 16 A. Yes. 0 17 Q. Hillbilly referring to David? 18 A. Yes. 0 19 Q. And as to the gun, you did not take ownership of D 20 21 the guni is that correct? A. Yes. D I 22 Q. Okay. You didn't say that it was Hillbilly's or 23 whose it was. You just didn't take 0 2
4 A. Ididn't claim it. 0 25 Q. Now -- but you, in fact -- I mean, that was your Qj -. -----·- - - - - DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER --------------------- ------z.-7 2-N-D-DTSTR:-:r-cT-COtJRT------------ -_---------- LJ 0 138 Q_ 1 gun; is that right? 2 A. Yes. [J 3 Q. All right. So, I mean, why did you lie to -- it n 4 5 maybe splitting hairs as far as ownership and stuff, but you weren't completely truthful with Investigator Ledesma D 6 at that time; is that fair to say? 7 A. Yes. 0 8 Q. Okay. Why not? 0
9 A. Iwas scared. 10 Q. Okay. Why -- 0
11 A. Ididn't know if I had a warrant for my arrest or 0 12 13 if I had a felony due to Galveston County charges on my probation. I didn't know if I had a felony or not. 0 14 Q. Okay. 1
5 A. Ididn't want to get in trouble. And so, yeah; [] 16 and I told him I -- I kind of have trust issues when it ,0 17 comes to police. 18 Q. Okay. When this conversation happened between 0 19 Investigator Ledesma, you were under arrest; is that n 20 21 right? A. Yes. D, 22 Q. Okay. And were you in handcuffs? 23 A. Yes. 0 24 Q. Were you in the back of the patrol car? u 25 A. Yes. DENISE C.PHILLIPS, CSR -Q-~- --- ----- OFFICIAL COURT REPORTER ---- ----------------------------272Nn--nrSTRICT-COURT ________________________ ------------------- 0 139 1 Q. Now, you indicated that you told Ledesma that -- 2 that it wasn't Hillbilly's gun, that it was your gun; is 3 that right? n 4 A. Yes. l 5 Q. Okay. Did that conversation happen after this !lu, 6 February date in the jail? 7 A. Yeah. 1 8 Q. Okay. And do you remember the specifics of that 9 conversation well, let me back up. 10 Was Investigator Ledesma there and visited 11 you there as to the kidnapping case that you were a victim 12 on? 13 A. He -- he only talked to me a few times on that 14 case, but it wasn't -- it wasn't too much on when I was in 15 jail. He was asking me -- 16 Q. We don't want to go into a. lot of specifics of n 17 other things, but is it fair to say this was after -- this u 18 was after the date of the offense, though? 19 A. Yes. 20 Q. And were you still in custody in the Brazos 21 County Jail? 22 A. Yes, I did two months in Brazos County. 23 Q. Okay. And is that when you told him that the 24 gun that you had to get a gun? 25 A. Yes. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J-- ---·-- --·-·-----·-----------------------:2/:2-ND-IJI-STRrCT-COURT--------·-·------·----- ·-·--··---··-------- J 0 140 0 1 Q. Did you indicate why? 2 A. Self-defense. 0 3 Q. Did you tell him why? 0 4 5 A. Self-defense because the way I look at it is you get kidnapped and you get raped, that's somebody that 0: 6 doesn't want you to live. And they just put a bracelet on 7 their foot and all they have to do is cut that bracelet 0 8 off. That guy could cut it off and come find me at any 0 9 tirnei and if he ever gets his hands on me again, I'm dead. 10 I told him that's why I had that gun, was for protection. 0 11 Q. And I know this has been a while back, February 0 12 13 of this year. You grabbed your belongings and the clo.thes and the jacket and the gun. Do you have any distinct 0 14 memory as to where you put each item at all? 15 A. No, I mean, I have a vague memory. I mean, 0 16 N6. 1, it has been a while. No. 2, I was mad at the time 0 17 18 that all of this was happening and going through a lot, and my mind is already foggy. I do remember sticking it 0 19 in -- I do remember sticking it in a bag in my -- in my 20 belongings. I do remember doing that. 0 21 Q. Is it possible at some point ·you could have 0 22 placed the gun in that jacket? 23 A. There's a big possibility I probably grabbed the G 24 jacket, wrapped the gun up and stuck it in there with a 0, 25 bunch of my other clothes. I mean, there's a huge DENISE C.PHILLIPS, CSR ft OFFICIAL COURT REPORTER -}j- -- ~ ---~ -- ----~--------------------2-72-ND-D-I-STR-r-eT-eOURT --· ------~--------~- ~---------------- 0 141 0--. 1 possibility of that. Because like I said, I just grabbed 2 stuff and started stuffing. I was mad, and I wanted to n 3 get out of there. Q. And now, when you were -- when you were placed 0 4 5 under arrest, they actually took you to a patrol car just IJ 6 a little bit aways from the truck; is that fair to say? 7 A. Yes. 0 8 Q. So, you were not present and observed the 0 9 10 investigators as they went through an inventory or looked for items; is that right? 0 11 A. Yes. 12 MR. GRAY: Pass the witness. 0 13 MR. CALVERT: Judge, I have no further 0 14 questions at this point in time. 15 THE COURT: You can step down. 0 16 MR. GRAY: Judge, we would ask that she be 0 17 18 excused. THE COURT: All right. You're finally G 19 excused. 20 MR. CALVERT: As long as we got a number on 0 21 her, Judge, if we need to get her back up here. 0 22 THE COURT: You are subject to recall. We 23 need to have your phone number. 0 24 MR. GRAY: I've got it. 0 25 MR. CALVERT: Earl's been able to get ahold DENISE C.PHILLIPS, CSR g-~:~ - - --- -------------------------````````-1-````~T````-:``------------- -·-----·---- u 142 J l l. i of her. We trust him. 2 THE COURT: Call your next. J 3 MR. GRAY: Judge, we would rest. n u 4 THE COURT: Defense has rested its case. 5 MR. CALVERT: We'll going to have some l (J 6 rebuttal, Judge. Do you want to do that now or after 7 lunch? J 8 THE COURT: Let's go ahead and get started. ~ 9 MR. CALVERT: We'll recall Rick Ledesma. :J 10 {Bench conference:} il u 11 MR. GRAY: Judge, I anticipate that they're n 12 calling Ledesma to dispute Monishia's testimony. I would J 13 object at this point in that it's been established that J 14 she told the Investigator Ledesma that the jacket was 15 Hillbilly's, which is what they had asked her. So, that's ~ ijj 16 not an issue. She's admitted that she said that. And .. 17 then, that she did not take ownership of the gun. I u 18 clarified the conversation as to her telling Ledesma it ~ 19 was her gun. She needed it for protection at a later date 20 while she was in jail. u 21 So, I would object to any extrinsic evidence J 22 to prove up -- to impeach the witness when the witness has 23 effectively admitted that she wasn't truthful with the ~ 24 police on that date. 0 25 THE COURT: So, you're saying that this guy J DENISE C.PHILLIPS, CSR ,u_ ../ OFFICIAL COURT REPORTER ~------ ----------------------- ---2·7 2ND--D IBTRTCT-COURT ---------------- - - - ~-------- 1 J 143 1 can't impeach anything that she's-testified to? 2 MR. GRAY: Well, I mean, if she admits that 3 yes, she didn't tell the truth, he can't use extrinsic 4 evidence. 5 THE COURT: What do you say to that? 6 MR. CALVERT: Two things: One, she 7 testified -- and I asked her three or four different times 8 three or four different ways if that conversation she was 9 talking about with Ledesma where she told him it was not 10 the Defendant's gun was at the scene that day. She very, 11 very clearly said: "Yeah, it was at th~ scene that day." 12 Once she found out she was being videotaped, 13 on redirect, she changed her testimony and said that 14 happened later. 15. And so, we can -- 16 (Bench proceedings concluded.) 17 THE COURT: Overruled. 18 MR. CALVERT: Judge, at this point in time, 19 we had previously offered State's Exhibit No. 3, pursuant 20 to a stipulation with Defense, certain portions of the 21 audio were redacted. For these purposes now, we are going 22 to offer all of State's Exhibit No. 3 with the audio 23 included. 24 THE COURT: Any further objection? C'' ·') 25 MR. GRAY: No additional objection. DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ...........--------------------------272ND-DTSTR-r-cT-COURT _________________________ - -------------------- :} U ·-·- ----- ____..____ l 144 J-, 1 .THE COURT: Go right ahead. It's admitted. 2 RICARDO LEDESMA, J 3 having been previously duly sworn, testified as follows: 4 DIRECT EXAMINATION 8 5 BY MR. WARD: u 6 Q. Detective Ledesma --· 7 MR. WARD: Judge, may we get the lights J 8 dimmed just a bit? 9 THE COURT: Yes, sir. J 10 (Video playing.) ~ 11 Q. (By Mr. Ward) This is the in-car audio and video R 12 from Officer Ballew's patrol car. Do you recognize any of !) u 13 the individuals that are in this right now? ~ 14 A. Yes, sir, I do. 15 Q. Okay. Who are they? n u 16 A. That's myself and Monishia Campbell. ~ Q. Okay. And can you specifically describe what 17 18 she's wearing right now? ~ 19 A. She's wearing a camouflage jacket. 20 Q. Okay. I'm going to rewind this just a little ~ 21 bit, Detective. Okay. And is there an individual sitting ~ 22 on -- on the tailgate of that For~ Ranger? 23 A. Yes, sir. ~ 24 Q. And do you know who that individual is? ~ 25 A. Yes, sir. J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER r I ----- ;-------- 2i2ND DISTRICT COURT - J 145 1 Q. Who is that?2 A. It's David Greer. 0 3 Q. Okay. Can you describe what he's wearing right 4 now? D 5 A. He's wearing a black -- looks like a cut-off 0 6 T-shirt and some camouflage p~s. 7 Q. And you testified earlier that although you D 8 weren't there immediately when the stop happened, you got 0 10 9 on scene pretty quick? A. Yes, sir, right as the traffic stop was being o- made. 12 Q. And we can actually -- we can actually rewind 0 13 this whole video, and we can see you rolling up because D 14 your pretty distinctive when you roll into the camera 15 right there? 0 16 A. Yes, sir. 0 17 18 Q. From the time that you were on scene until the time that everyone left, did you ever observe the D 19 Defendant wearing a. jacket? 20 A. No, sir. 0 21 Q. Now, I'm going to fast forward this a little bit. 0 22 And you also had a conversation with the Defendant later 23 on that day, didn't you? 0 24 A. Yes, sir. 25 Q. Was he in the backseat of a patrol car? D DENISE C.PHILLIPS, CSR 11 OFFICIAL COURT REPORTER -t:j- --- ----- --------- -----------------------------2-7-2-N-B-D·I-STRI-eT-eGHRT--------------------- ----------------- D n 146 0- 1 A. Yes, sir. 2 Q. Was that conversation recorded? D 3 A. Yes, sir. - 0 4 5 Q. Did you ask him any questions concerning the ownership of the black leather jacket? D 6 A. Yes, sir. ' 7 Q. And what was his response? 11 LJ 8 A. He said it was,not his. 0 9 10 Q. He specifically said that that leather jacket was not his jacket? 0 11 A. Yes, sir. He said that he had -- thai his was 12 camouflage. 0 13 (Video playing.) 0 14 Q. (By Mr. Ward) Is that 'you right there with the 15 jacket? 0 16 A. Yes, sir. 0 17 18 Q. (Video playing.) (By Mr. Ward) Detective, at any time during your 0 19 entire conversation with Monishia Campbell on scene, did 20 she say that gun was not David Greer's gun? 0 21 A. No, sir. 0 22 Q. Did you have a conversation with her a couple of 23 weeks later, not specifically about this case, but abbut 0 24 another -- her case? 0 25 A. Well, it wasn't about her case specifically. DENISE C.PHILLIPS, CSR It n OFFICIAL COURT REPORTER t:J----- -- ---- -----------------------o2-92-NB-B-I-STR-IeT-e0URT------------~-------- _____. ___________ 0 0 147 n 1 2 was about other information. Q. Her own stuff? 0 3 A. Yes, sir. Okay. Did did she ever say anything to you 0 4 5 during that time about her owning a gun? 0 6 A. Yes, sir. 7 Q. Or getting a gun? 0 8 A. Yes, sir, she said she got a gun. 0 9 10 Q. Okay. And anytime during that conversation, did she say that the gun she had got was the gun that was in 0 11 that truck that day? 12 A. No, sir. [] 13 MR. WARD: Pass the witness, Judge. 0 14 CROSS-EXAMINATION 15 BY MR. GRAY: 0 16 Q. So, as to the gun on this particular day in 0 17 18 February, the time of the arrest, you told the Prosecutor that she never indicated that the gun wasn't David 0 19 Greer's; is that right? 20 A. No, that the gun 0 21 Q. She never said that the gun was not David 0 22 Greer's, is what your testimony to the Prosecutor was? 23 A. That it was. It's David Greer's. D 24 Q. The gun?· 0 25 A. Oh, the jacket. I'm sorry. The jacket, yeah. DENISE C.PHILLIPS, CSR -0-~ ------ _____________________o;``-````I-````~T````:~-ER ________________ ---:------ 0 0 148 [t 1 Q. Okay. Just the gun. They had elicited your 2 testimony that she never said that the gun was not D 3 David's; is that correct? A. Yes, sir. Well; I believe I asked her if she 0 4 5 claimed the gun that was in there. 0 6 Q. Right. And she said no, as to her? 7 A. That's correct. D 8 Q. So, she said she didn't say one way or the 0 9 10 _) other as to David? A. No, sir. 0 11 Q. She didn't say it's not his, but she also didn't 12 say it is his? 0 13 A. No. 0 14 Q. Okay. And then, when you did visit with her ·in 15 the jail, she did indicate to you that -- this was after 0 16 the February arrest, I guess. You visited her in the jail 0 17 18 at some point; is that right? A. Yes, sir. 0 19 Q. Okay. And she did -- she didn't specify as to 20 what gun or this particular gun, but she did say that she 0 21 had to get a gun for protection; is that right? 0 22 A. Yes, sir. 23 Q. Okay. And were you -- she's testified -- not to 0 24 a lot of the specifics -- but that she was a victim in a 0 25 rape and a kidnapping. And there's no reason to doubt DENISE C.PHILLIPS, CSR -Q--·--- ---- ---------------0``!~-~-``~r``-``~T````-``-E--R----------I------·---·-- o 149 J l 1 thati is that correct? Did you work up that case as well? J·· 2 A. Yes, sir, I did. J 3 Q. Okay. Is that a pretty serious case? , ~ !J 4 A. Yes, sir, absolutely. 5 Q. Okay. Is it still pending? ~ 6 A. Yes, sir. 7 Q. Now, whenever you initially walked up, you had J 8 indicated -- asked about the jacket, asked her who it ~ 9 belonged toi and then, she says that jacketi but then, you 10 hear a sigh, "that jacket, ahhhh," okay? Does that not ~ 11 mean to you that she knew something was bad about that 12 jacket, or why would she sigh? There's nothing wrong with J 13 just having a jacket, right? ~ 14 A. No, there's nothing wrong with that, no, sir. 15 Q. And so, there would be no reason for a person to ~ 16 say "that jacket" and then sigh? ~
17 A. I'm not sure I understand your question. 18 Q. Well, if it was just a piece of clothing with ~ 19 nothing illegal in it, if she had no knowledge that there was anything illegal, a gun, whatever, in that jacket, she ~ 20 21 would have just answ~red your question. "It's my jacket. ~ 22 It's his jacket. It's whoever's jacket." 23 It wouldn't make sense for a person if you ~ 24 ask, you know, "Is this your jacket?" And she says, "That 25 jacket," and then she sighs, like, "Oh, heck, I'm in DENISE C.PHILLIPS, CSR ~---- OFFICIAL COURT REPORTER - - - - ---------~---``~--``-2-'72-ND-DI'STR-ICT~couRT````--``-``~--~--~----- 0 150 1 trouble. Oh, heck, they found something in the jacket." D-- 2 Do you see where I'm going? 0 3 A. Yes, sir. 0 4 5 Q. Okay. And so, to your when she sighedr did that give you some information that she had some know1edge 0 6 there was something going on with that jacket?
7 A. I'm not sure I caught the sigh at that time. I 0 8 was more looking at her expression. 0 9 Q. And I understand; but -- and I know you haven't 10 reviewed the tape probably as I have and the Prosecutor 0 11 has. A. Yes, sir. 0 12 13 Q. At least then when you reviewed it -- and I know 0 14 it's been a long time, and I apologize. But when you just 15 heard that, did you hear her sign? 0 16 A. You can hear her take a breath. 0 17 18 Q. Okay. gun;" and then, And she says initially 1 "No, that's not my later on 1 she says,"- I didn't know 0 19 anything about the gun"? 20 A. Correct. 0 21 Q. That is right? 0 22 MR. GRAY: Pass the witness. 23 REDIRECT EXAMINATION 0 24 BY MR. WARD: 0 25 Q. Detective, I'm going to show you here in a second DENISE C.PHILLIPS, CSR -Q--~--·- OFFICIAL COURT REPORTER - - - - - - - - - - - - - - - - - 2 72NB-:E>"I-STR-I-cT~ce:l1.:JRT---------------~ - - - - - - - 0 0 151 0 1 what's been marked-- 2 MR. CALVERT: It's already in evidence. 0 3 Q. (By Mr. Ward) It's already in evidence -- State's 0 4 5 Exhibit 17. MR. CALVERT: No, 3. Still on 3. 0 6 Q. (By Mr. Ward) Now, Monishia Campbell was pretty 7 clear that that was Dave Greer's jacket from the prior 0 8 video; is that correct? 0 9 10 A. Yes, sir. (Video playing.) 0 11 Q. (By Mr. Ward) And just to be clear, this is the 12 front facing patrol vehicle there; and Dave Greer's in the 0 13 backseat being recorded there at this time; is that 0 14 correct? 15 A. Correct. This is Officer -- Deputy Ficke's 0 16 vehicle. 0 17 18 (Video playing.) MR. WARD: Pass the witness, Judge. 0 19 MR. GRAY: No further questions. 20 THE COURT: You can step down. 0 21 All right. Ladies and gentlemen, we'll 0 22 resume at 1:30. We've got a couple of other matters to 23 take up between 1:00 and 1:30. So, be back at 1:30. u 24 We'll continue the trial at that time. 0 25 (Jury retired.) DENISE C.PHILLIPS, CSR fl ______________________o_``````~I-````~T````-:~-ER___________ ----~-~-=---~ tJ ' ~----- [! . \I 0 152 0- 1 2 THE COURT: MR. CALVERT: Let's talk about the Charge. I'm going to work on it over 0 3 lunch. 4 THE COURT: All right. Can you get it to 0 5 Earl and let him look at it, so he can be thinking about 0 6 it? 7 MR. CALVERT: Certainly. 0 8 MR. GRAY: Do you just want to e-mail it to 0 9 10 me, and I can pull it up? MR. CALVERT: Okay. 0 11 THE COURT: Now, how many more witnesses are 12 you going to have? 0 13 MR. CALVERT: Judge, I've got, I believe; 0 14 two more rebuttal witnesses; but I believe both of them 15 are going to be incredibly, incredibly brief. Probably 0 16 less than ten minutes apiece. 0 17 18 anybody? THE COURT: All right. And you don't have 0 19 MR. GRAY: No, Judge. 20 THE COURT: So, hopefully, at 1:30, we can 0 21 agree on the Charge. If not, maybe I can get some idea of 0 22 where the disagreement is. 23 MR. CALVERT: Yes, sir. [J 24 MR. GRAY: I can't anticipate anything. 0 25 MR. CALVERT: I think it's pretty DENISE C.PHILLIPS, CSR 0------- ---- ---------------~!~-~-~-``~I-````~T````-``~R_________________ -------···---- u 0 153 o. 1 2 straightforward, Judge. THE COURT: We'll see you at 1:30. n 3 (Noon recess.) 0 4 5 THE COURT: MR. CALVERT: Y'all agree on the Charge? I believe Earl is still 0 6 looking at it. 7 MR. GRAY: I'm going through it right now. 0 8 I can't anticipate anything, but I'll be quick. 0 9 10 THE COURT: MR. CALVERT: Okay. Judge, I think we have an 0 11 agreement except it would help if I had the right style 12 0 13 and information on the verdict form. COURT COORDINATOR: It also printed a blank 0 14 page on here. 15 MR. CALVERT: It did. It's because I 0 16 deleted a whole bunch of stuff. 0 17 MR. GRAY: Actually, I'm fine with it just 18 the way it is because I find it hard to believe he would 0 19 be found guilty of an offense that's not charged or 20 alleged. 0 21 MR. CALVERT: Right. I'm fixing the verdict 0 22 form now, Judge. 23 THE COURT: We ready -- well, no, we're not. 0 24 Ready to bring the jury out? o· 25 MR. CALVERT: Yes, Judge. DENISE C.PHILLIPS, CSR 0~--~ --- OFFICIAL COURT REPORTER ------------·-------2-72ND~DI-STRICT--COURT ______________ --~-----·-·- 0 0 154 n 1 2 witnesses? THE COURT: Did you say you had two more 0 3 MR. CALVERT: Two more, but they're going to be very quick. 0 4 5 THE COURT: All right. Let's bring them 0 6 out. 7 (Jury seated.) 0- 8 THE COURT: Everyone be seated. ·-' 0 10 9 MR. CALVERT: THE COURT: We recall Terry Young. Mr. Young is ~till under oath. 0 11 Go right ahead, sir. 8 12 13 TERRY YOUNG, having been previously duly sworn, testified as follows: 0 14 DIRECT EXAMINATION 15 BY MR. CALVERT: 0 16 Q. Are you the same Terry Young that testified in u 17 18 the case this morning? A. Yes, sir. \0 19 MR. CALVERT: May I approach the witness, \ Judge? Q ) 20 ( 21 THE COURT: Yes, sir. tJ 22 Q. (By Mr. Calvert} Investigator Young, when you were 23 doing the inventory on the Defendant's truck, you told the B 24 jury earlier that you found this jacket with that gun in 0 25 it in the backseat; is that correct? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER U _ . _______ ·------- __ ------·--------------------~2_'I2ND_D_I S_TRI_CT_C_O_URT~-----------~--------- --·--------·---------- 0 0 155 n. 1 2 A. Q. Yes, sir. I believe you also said durd.ng the inventory you 0 3 found a black duffle bag that contained a bunch of 0 4 5 clothing, correct? A. Yes, sir. rJ 6 Q. I'm going to show you what's been entered into 7 evidence as State's Exhibit 15. And is this the inventory [l 8 form that Deputy Ficke filled out while y'all were doing 0 10 9 the inventory? A. Yes, sir. 0 11 Q. Flipping over onto the back, you made reference . 12 to one black canvas bag -- one black canvas bag with CDs; 0 13 is that right? 0! 14 A. Yes; 15 Q. Okay. And then you had assorted clothing; is 0 16 that correct? 0 17 18 A. Q. Yes, sir. Okay. The -- the jacket, State's Exhibit 10, was 0 19 this t_hing found inside the black duffle bag that you 20 described that containe.d all of Monishia Campbell's 0 21 clothing? 0 22 A. No, sir, it was not. 23 Q. Okay. Thanks. 0 24 MR. CALVERT: I'll pass the witness. 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 . . __.. ____ ~ ------------~------- -----~222ND_DI STRICT__ COURT----------------~----------- -------~------ 0 0 156 0- 1 CROSS-EXAMINATION 2 BY MR. GRAY: 0 3 Q. In all fairness, you can't recall exactly where 0 4 5 the location as to the jacket was, though, A. It was in the back area, but exactly whether can you? [1 6 right behind the driver's seat, right behind the 7 passenger's seat, in between, the exact particular 0 8 location, no. 0 10 9 Q. Okay. Same thing as far as whether the clothes were beside it, under it, on top of it, do you have any 0 11 knowledge of that?-
12 A. Ican't remember specifically, no. 0 13 Q. Okay. And on that inventory list, I know that 0 14 the jacket and the gun and the bullets that were found 15 inside the gun was listed on a separate evidence list; is 0 16 that correct? 0 17 18 A. Q. Yes, Okay. I think so. But that one bullet that was retrieved 0 19 that we talked so much about, long rifle or long, that was 20 not included on either one of those sheets; is that right? 0 2
1 A. Iguess not, sir. 0 22 MR. GRAY: Pass the witness. 23 MR. CALVERT: Nothing further, Judge. And 0 24 we would ask that he be finally excused. 0 25 MR. GRAY: No objection. DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER g" -----" ___ "·--"- --- -"·---"-----------·-------2-7-2NB-D~ST-R-:EG-T-G0URT---------------------"--- "-----"-·"--"___"_____ 0 "' 157 J l- 1 THE COURT: You're finally excused. 2 THE WITNESS: Thank you, sir. l 3 MR. CALVERT: We'll call Jason Ware. (Witness sworn.) l 4 5 THE COURT: Have a seat. Go right ahead. 1 ,__} 6 MR. CALVERT: Thank you, Judge. 7 JASON WARE, J 8 having been first duly sworn, testified as follows: ~ 9 DIRECT EXAMINATION J 10 BY MR. CALVERT: u 11 Q. Would you introduce yourself to the folks in the 12 jury, please? J 1
3 A. I'm Jason Ware. I'm a Criminal Investigator with J 14 the Brazos County Sheriff's Office. 15 Q. And were you working as a detective with the J 16 Sheriff's Office back on February 16th of 2012?
17 A.Yes, I was. J 18 Q. And were you present as one of the officers that J 19 was helping to execute the arrest warrants on Defendant 20 David Greer and Monishia Campbell? ~ 21 A. Yes, I was. J 22 Q. And after they were taken into custody, ·did you 23 stick around on the scene? J 24 A. Yes, I did. 1 25 Q. And did you become aware that Deputy Ficke and DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~ ------ ----·~ - ------- ---'------------ ---- ---2-7-2-ND--D-I-S'r-R-I-GT-GGUR'I'------------------- ---------------- l iJ n 158 o. 1 Investigator Terry Young were conducting an inventory 2 search of the Defendant's truck? D 3 A. Yes, I was. 4 Q. And the jury saw the video earlier. If they saw 0 5 Terry Young standing there are on the passenger's side of 0 6 the truck doing the inventory, would you have been the guy 7 standing literally right behind him? 0 8 A. Correct, that was me. 0 9 10 Q. So, were you standing right there behind Investigator Young while that inventory was being 0 11 conducted? 12 A. Yes, I was. 0 13 Q. Were you kind of keeping an eye on what they were 0 14 doing just out of curiosity? 15 A. Yes, pretty much. 0 16 Q. Okay. 0 17 18 Judge? MR. CALVERT: May I approach the witness, 0 19 THE COURT: Yes, sir. 20 Q. {By Mr. Calvert) Do you recall Investigator Yo~ng 0 21 finding what I'm going to show you that's been entered u 22 23 into evidence as State's Exhibit No. 10, this black jacket? D 24 A. Yes. 0 25 Q. Where was this? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .0------· __________ ·-·--------------~---~---------2-7_2 ND-D.I S-TR I.C.T---COURT------------- ---------- ------------- ------~- ----- ----- -------- --- -----·-··- 0 0 159 ' 0 1 2 A.· In the vehicle. I'm not exactly sure where he pulled the vehicle -- where he pulled the jacket from. n 3 Q. Okay. When -- you saw him recover this, though? A. Correct. [l 4 5 Q. And when he recovered it, was this like inside a 0 6 bag full of other stuff? Did he have to pull it out, or n / 7 8 was just in the truck? A. I don't believe so. 0 10 9 Q. Okay. You didn't have to remove it from any kind of bag or any other certainly didn't see him 0 11 container? A. No. 0 12 13 Q. Okay. Thank you, sir. 0 14 MR. CALVERT: I'll pass the witness. 15 CROSS-EXAMINATION D 16 BY MR. GRAY: 0 17 18 Q. that jacket was, And you don't -- but you don't exactly know where just that it was in that backseat area? 0 19 A. Correct, I do not know exactly where it was. 20 MR. GRAY: Okay. I'll pass the witness. 0 21 MR. CALVERT: Nothing further. We'd ask 0 22 that he be finally excused. 23 THE COURT: You're finally excused. 0 24 THE WITNESS: Thank you. 0 25 THE COURT: Thank you. DENISE C.PHILLIPS, CSR ·"' OFFICIAL COURT REPORTER _Q --- ---···- - -- ----------------------.----- ------- --2-7-2ND--D-I-S'I'-R-I-G'F--GGUR.!f----------- -----------·--- - - - --------· ----- 0 l 160 1 MR. CALVERT: We'll close. 2 THE COURT: State has closed their case. 3 MR. GRAY: We close and rest. 4 THE COURT: Both sides have rested and 5 closed. 6 Ladies and gentlemen, we've come to the end 7 of the presentation of evidenrie. We have the Court's 8 Charge prepared. We need to go over it one final time 9 before we read it to you and hear the final arguments of 10 the attorneys, so let's take a ten-minute break, and that 11 will hopefully give us enough time to do this. Thank you. 12 (Jury retired.) 13 THE COURT: All right. Are we ready to 14 talk? 15 MR. CALVERT: Yes, sir. 16 MR. GRAY: Yes, Judge. 17 THE COURT: Have you had an adequate 18 - opportunity to review the Charge? 19 MR. GRAY: Yes, Judge; and we have no 20 objection. J 21 THE COURT: No objection. 22 State? 23 MR. CALVERT: No objection. 24 THE COURT: The Charge is in final form. 25 Are we ready to bring out the jury? J DENISE C.PHILLIPS, CSR r~-- --- - .------------------------------``-~-~-~-``-``~-~-``````~g``E~----- ------------ -------------·--·- J n 161 [J. 1 MR. CALVERT: Yes, sir. 2 MR. GRAY: Yes, sir. 0 3 MR. CALVERT: As far as warnings, Judge, can 0 4 ,5 I have 15 minutes. Is that THE CO:URT: · How 1ong do you want? [l 6 MR. CALVERT: Earl is 15 okay? 7 MR. GRAY: Yeah. You don't mind if I go D 8 twice, do you? 0 9 MR. CALVERT: I do. I would object to that. 10 MR. GRAY: Yeah, 15 is fine, Juqge. 0 11 _THE COURT: Fifteen for both sides. Do y 1 all want a warning on this side? 0 12 13 MR. WARD: Seven, Judge. 0 14 THE COURT: Seven expired? 1!) MR. WARD: Yes, Judge. 0 16' ' MR. CALVERT: If I get to two left, Judge. 0 17 18 THE' COURT:~ MR. CALVERT: Two left. Yes, sir. 0 19 MR. GRAY: Same . <:\:,. :~with me, Judge. 0 20 21 THE COURT: All righ,i::;· ·same with you. Let's bring them out. All right. 0 22 ( Ju:r-y sea ted. ) 23 THE COURT: Ladies and gentlemen, sit over 0 24 there and twiddle.::'your thumbs for a little while. We 0 ' 25 _forgot to make copies for you. DENISE C.PHILLIPS, CSR Q--~-- OFFICIAL COURT REPORTER ~--- -- -- --------~--__::__ --- -----~------ -----2-7-2ND~-I.:l-IS _'I'-RI-G-T-~GGU-R'I'--~----~------~- -------------- -- ------ ·--- ------------ D 0 162 0· 1 2 (Brief pause.) THE COURT: Go ahead and hand them out. 0 3 All right. Ladies and gentlemen, I'm going n._r- 4 5 to go ahead -- the law requires that I read this Charge to you word-for-word; and then, you'll have your copy to read D 6 along there. 7 (Charge read. ) [] 8 THE COURT: I've placed a Blueback on the 0 9 io official version of the Court's Charge. place it on the table when you-all enter the room to begin Mr. Montoya·will 0 11 your deliberations. 12 At this time, we'll hear the final arguments 0 13 of the attorneys. The State has the right to go first, 0 14 and they have the right to go last, and the Defendant gets 15 to make an argument in between the two. 0 16 Go right ahead, Mr. Ward. - - ·- ~-~ 17 ~- ~- ---- -- ~- - - --------- -- ~C_L_O_S_ING-ARG-UM-ENT--BY- MR``WARD .. 0 18 MR. WARD: A couple of weeks ago, I stood up [} 19 here; and I told the jury that they had the dubious honor 20 of being the first jury that I ever addressed. So, you 0 21 now have the honor of being the second jury I've ever 0 22 addressed. And I'm hoping like an NFL quarterback this 23 isn't like a sophomore slump for me. So, here I go. 0 24 I used to be in the Marine Corps. I spent u 25 about ten years in the Marine Corps, traveled all around DENISE C.PHILLIPS, CSR ('! OFFICIAL COURT REPORTER -!:j~---·-···-··-·-··-··--- . _____ . ----~------·-----·---27.. 2 ND-DTS.TRI C.T-COURT------~------------- ---·---~---`` 0 163 0 1 2 the world, met a lot of different people, a lot of different cult~r~s, spent a lot of ticie in Iraq. They've G '~ 3 got an inquisitorial system in Iraq. And the inquisitorial system means basically that the judge and B 4 ___s___ tlie prosecutor are the same person and that the defendant 0 6 has to prove his innocence. 7 But this is the United States of America. [] 8 More specifically, this is Texas; and we don't play that 0 9 way. We have you, the jury. And the Judge talked to you 10 out of this form and said that you are finders of fact, D 11 and you are judges of credibility. 12 I'm going to cycle back to both of those 13 things while I'm talking to you today. 14 - Ryan spend a lot time talking with you " 15 during voir dire about elements, the elements of this particular charged crime.~ '18. You have on or about February 16th, 2012. Is there any 19 doubt in your mind that this happened on that date? 20 Let's move on. In Brazos County. Yes,- we 21 know it's in Brazos County. 22 Do we know that the Defendant, David Greer, 23 is a convicted felon? Yes, we do. There's a stipulation 24 to that. D 25 Do we know that this offense happened within DENISE C.PHILLIPS, CSR _g __________ -----------------~------,0~!-``-``~-I-````~T``~-``~-E_R__~---_ , .-,~_;- .__________ 'D [] 164 [J_ 1 that window of five years between the finality of his 2 conviction and this date? Yes, we know that that happened 0. 3 because it's stipulated to it. I 0 4 5 So, what does this all boil down to? boils-down to a whole day spent on possession, knowingly This 0 6 or intentionally possessing a firearm. lse~au~e you know r ,_J l 7 8 that was a firearm because that was stipulated to, and you saw it as well. •') J :0 9 So, what do we have? we have a video; We 10 showed you the video. We brought police officers in here ·o 11 to testify. You saw that video. You saw them pull Dave Greer out of the driver's seat of that vehicle after 0 12 13 taking a little bit to stop, after the lights were popped. o· 14 15 You saw him come out of that vehicle not wearing a jacket, even though it's February. D 16 You saw the passenger come out of the 0--- 17 vehicle wearing a jacket. You heard Monishia Campbell say 18 that Dave Greer had a camouflage jacket and that she D 19 wasn't wearing that camouflage jacket. But we know from \ 20 \' watching the videq that he wasn't. 'J:'he only_ other j acke,5 __ 0 21 in that truck was a black leather jacket. 0 -..~ 22 We know that the gun was in the right pocket 23 of that black leather jacket. We know from Monishia D 24 Campbell stating on the witness stand and also in the ,0 25 video that that's Dave Greer's jacket. DENISE C.PHILLIPS, CSR His mother gave it -Qc-·----~ --------~----~-----0!``-~-``~l-````~T``~-~-``-E__R_____~------ - - - - - - - r· ~J } 165 ~ to him after a fire. J. 1 2 You know that you just saw a video where ] 3 Investigator Ledesma asked him if that was his jacket. He ~ 4 said no. Why would he deny it? Everyone said it's his 5 jacket, not my jacket. Why would he tell the j 6 investigators at the scene that. it wasn't his jacket if 7 there was nothing wrong? :] 8 This is an elements case. It's a 9 buildin~-block case. ·I can't show you a video with Dave u 10 Greer with a gun in his hand. I. can show you the little u 11 bits and pieces ~f informati6n that add up to it, because ' 12 remember, you are the finders of fact. You c~n find these R J, 13 facts and add them up. L·: . ~.·· ' 14 It does not have to be beyond a reasonable 15 doubt because, remember, just like Ryan told you in voir u 16 dire, how is the only way you can know beyond a shadow of 17 a doubt that it happened? Either you did it, or you u 18 watched it. None of us were there. We didn't see it. .·. ·} 19 But we heard credible testimony. I 20 You're judges of fact, finders of fact, and J 21 judges of credibility. 22 Let's talk about credibility. We put G 23 officers on who have spent literally combined decades ~ 24 within the State of Texas and Brazos County conducting l 25 criminal investigations. Training, experience, video, DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~- ~ -.------·-- -----·---..---·-----272ND-DTSTRTCT-COURT ______ . _ _ _ _ _ ---------- J 166 J } 1 that proves that they're credible witnesses. 2 Do we have fingerprints on the gun? No, l) '~ 3 sadly, this isn't a television show. Okay. At the end of 4 this trial, you're not going to get a dun-dun; and then, 1 5 Ryan and I go up and talk to the D.A.; and we have a shot 1 6 of whiskey; and it's all over; and then~ we move on to the 7 next case. That.'s not going to happen. That happens on ~ 8 TV. Okay? 9 Ask yourselves, was he wearing a coat? No. J 10 Was there a coat in the vehicle? Yes. Was it within u 11 grabbing distance? Yes. It's a Ford Ranger. The ~ 12 backseat of a Ford Ranger. You can use your personal J 13 experience from outside. Do you remember what the size of J 14 a Ford Ranger backseat is? 15 You saw Monishia Campbell get up on the u 16 stand and tell you that Dave Greer.was wearing a jacket 17 that day. He wasn't. ',She said she was wearing a u I . '-->--·--·--- 18 different jacket that day. She wasn't. (.··She, in fact, ·was ] 19 wearing a camouflage jacket. You saw .it from the front /. seat of Sam Ballew's vehicle. You heard her. You heard ~ 20 21 the surprise in her voice when Rick Ledesma asked her, "Do D 22 you want to claim responsibility for this gun?" "No." u 23 And then, you immediately heard her ask it: ~I 24 "Is Hillbilly going to get in trouble for a long time?" a 25 You're judges of credibility. You can add J ,. DENISE C. PHILLIPS, CSR ``--- ___ --.------------~-----``-~-``~A~T````-~T R````~ER__________________ I 167 J lj~. 1 two and two together to come to .a decision. And at the 2 end of the day, this is a possession case; and it•s a J 3 credibility case. Ask yourself whose credibility are you ~ 4 going to believe from the witness stand about who 5 possessed that firearm? u 6 Add it up in your mind. When you go back 7 into the jury room, add it up. I think we•ve shown you J 8 beyond a reasonable doubt that Dave Greer possessed that ~- 9 gun in Brazos County on or about February 16th, 2012, that 10 he was a convicted felon and that he was within that u 11 five-year window. i\) 12 You shouldn't feel bad about finding guilt 0\ 13 in this case if it all adds up because you•re the jury and u 14 find facts. Yo~ judge credibility, and you ensure that we 15 have a functioning justice system in the United States of u 16 America and the State of Texas. ~- 17 Ryan and I are asking you to find guilt in 18 the case and send Dave Greer a message that you don•t get ~ ,, i.!); 19 tb carry a gun artd break the rules, even though he was in 20 jail for not following the rules. You've got to follow u' 21 the rules and hold him accountable and hold him to the ~ 22 same standard as everyone else in Brazos County. 23 Thank you. ~- 24 THE COURT: All right. You used seven 1 25 minutes. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~-----~----~ ___________________ 27-2ND--DTSTRICT-COUR'I'-----~---------- - - - - - - - - 0 168 Mr. Gray? D- 1 2 MR. GRAY: May I proceed, Judge? O 3 THE COURT: Go right ahead, sir. MR. GRAY: I'm trying to set this up a 0 4 5 little before we start, so I'm not clanging around. 0 6 CLOSING ARGUMENT BY MR. GRAY 7 MR. GRAY: First, I want to thank each and 8 every one you for your time. I know this has not been a 0 9 real lengthy trial, and we effectively picked the jury 10 yesterday, and you got all your evidence today. And so, 0 11 it should be fresh in your mind as to what came through 12 that witness stand. 0 13 And remember, also, that what I say and the 14 two prosecutors say is not evidence. It's argument. It's 15 not evidence. You have the evide~ce. You also have the 16 actual DVD recording that you can play to refresh your o·- 17 memories of those things. 18 When you go back there, we want you take rJ / .19 ; your God-given common sense back there with you. Okay? 20 We don't expect you to leave that at the courthouse door. 0 21 And please remember that as to each and every element the n u 22 State has to prove beyond a reasonable doubt. 23 If they do, if they prove each and every 0 24 element beyond a reasonable doubt, you're duty bound to 0 25 convict. That's what you should do. DENISE C.PHILLIPS, CSR That's your duty. -.0--------- --------------------~!~!````:E-~-````T``````-ER ___________________+------------ 0 169 J 1 But on the other side, if they do not, if J 2 they fail on even one element, you're duty bound to J 3 acquit. 4 Now, we talked about the different levels of 5 proof. I'm not going to get into the reasonable 6 suspicion, probable cause. Again, preponderance is more 7 likely than not, 51 percent. Clear and convincing, again, 8 a firm belief that the allegations are true. We don't 9 have a definition for above beyond a reasonable doubt, but 10 we know it's high. It's the highest burden in the land. 11 It's higher than a firm belief that the allegations are n 12 true. u 13 And that's how-- those are the glasses that ~. ; 14 you have to look at each piece of evidence to see if they 15 can come in and establish each one of those elements 16 beyond a reasonable doubt. If they fail on one, you must 17 acquit. 18 You know, there's not an issue as to whether __ 19 _r;>_ay_i.d_if! _a_cgny_ic::_te_O. felQn. _That's not _an _issue. _Okay._ __ 20 We didn't fight the State on that allegation or that ;~ 21 element. We stipulated to it. Okay. That's proof beyond ~ 22 a reasonable doubt. You should not have any doubt in your 23 mind as to that element. And so, we're not really talking ~ 24 about the felon part. 25 The real issue, as the State has correctly J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~ u'i-----·-------I----------------------2"72ND--DISTRICT-COURT----------------I---- ------------ } l 170 ] 1 stated, is the poss~ssion. He has to intentionally or 2 knowingly, knowingly, know the gun is there anq possess J j 3 it. Have custody, control or management or care of that item. Okay? And they just haven't met that burden as to ~ 4 ~ 5 the possession. 1 J 6 Let's go through some of what they have and 7 what they don't have. There's no testimony from David J 8 no testimony at all through this entire trial from any witness, my side or their side, that David ever handled J 9 10 that gun. Not a single witness. u 11 There's no statement from David saying that 12 he ever possessed that gun. Monishia Campbell never J 13 stated that he possessed the gun. Even when she was less u 14 than truthful with the officers when she was arrested, she 15 never said "That's David's gun. David possessed the gun. J 16 David carried that gun." She's never said that. ~ 17 Now, she was less than truthful with the L1 18 police officers at that time. Well, I mean, is that a u 19 real shocker? She's on felony probation out of Galveston. 20 She's arrested. She's_in handcuffs. She's placed in the u 21 back of a patrol car. "Hey, is this your jacket?" "No, 22 that's Hillbilly's." It probably was Hillbilty•s or J 23 David's jacket. It doesn't make any differ~nce who owned l 24 it. \ ] 25 She indicated she wears large -- larger DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER W-----------~ u ------------~-------------2-7-2ND-D-I-£-'I'R-I-G-'1'--GOUR-'I'-------~---------- ·---------- J 171 1 jackets. I don't 100 percent know why. She said it keeps 1-. 2 her warm. I don't know. We know that on the day of the J 3 offense she was wearing the same size jacket herself. And 4 when I and my legal assistant, Theresa, had gone out there J 5 and visited with her, like she testified to, she was also 1 6 wearing an extra large jacket. So, you know, it's not 7 strange that she would wear that. J 8 You heard her testimony that the day before 9 they were arrested -- they were pulled over and arrested, J 10 they got into a fight, an argument. She grabs all of her ~ 11 stuff, and she throws it in the vehicle. Can she 12 specifically remember what she did with the gun? She J 13 thinks she wrapped it up in something. It could have been J 14 the jacket -- she didn't recall 100 percent --, put it in 15 duffle bag. Okay. She then threw all that stuff in the ~ 16 back of the car. Okay. ~ 17 Now, the officers went through these items, 18 you know, they're inventorying it. We don't have any ~ 19 pictures as to exactly where that jacket was. I'm in no 20 way attacking any of the officers' credibility at all. I ~ 21 think each one of those officers were truthful, and ~ 22 they're good officers. I know most of them. That's not 23 what I'm talking about. J 24 They simply could not recall exactly where j 25 everything was. And I don't know that anyone could, going DENISE C.PHILLIPS, CSR ``--~----- ---~--- OFFICIAL COURT REPORTER . ~----··-·------,.-------2-72-N-D-rH-STRT-CT--COURT-------------------- --------- l j 172 J n r J. aJ.J. ~:.ne way Dac.K. 1:.0 .t'eurua.Ly. 2 Now, what could have been done, though -- J 3 what could have been done is a photo taken, right, before ~ 4 the inventory started. Two reasons for that. That may 5 ptotect you on liability, too, because you've got a J 6 picture of everything right as they entered the vehicle. 7 Now, that would have helped, but we don't have that. J 8 She doesn't know where that jacket was. I 8----------~-- __ __9-__Q_I!_'_!:___~Es>!!_____t hat aJ:!yone wi 11 -~-````P.__?_\17__``<:1. c~lY~\17 h~ re_!h~!:______________________ 10 jacket was in the back area. We do know that a gun was ~ 11 found in that jacket. 12 When she's initially asked by Investigator J 13 Ledesma, "Do you want to take ownership, or do you want to J 14 take responsibility for this gun," you know, she said, 15 "Oh, no, it's not my gun." Okay. ~ 16 THE COURT: Seven gone. ··-·--· ~ -- 17 MR. GRAY: She did not say that it was 18 David's gun. Okay? ~ 19 The jacket is interesting. When he comes 20 and he shows the jacket and asks whose jacket it is, and ~ 21 she goes, "that jacket," and she sighs. Why would she ~ 22 sigh? Why would she be upset about a jacket if she knew 23 nothing was in it? She was upset because she knew the gun ~ 24 was in it. ~ 25 Later, she does tell Investigator Ledesma DENISE C.PHILLIPS, CSR ~ . OFFICIAL COURT REPORTER ~---------- ----------'-~-------2-'7-2ND-DI-S-'I'-R-I-C'I'--C01J-R'T--------------------------- ~---------- J 0 173 D-, 1 that she did get a gun when he revisits her in jail. 2 And we don't even have any proof it's a D 3 firearm. We got testimony from a seasoned veteran officer 0 4 5 that it's a firearm, but was it ever tested? fired it? Do we know it can expel a shell? Have we ever We can guess, o~ 6 but we don't know because it was never tested. 7 And does she have a reason to carry a gun? 0 8 You bet she does. She was previously weeks before this 0 9 event, she was brutally raped and kidnapped. She was 10 terrified. So, yes, she possessed a gun. Is it D 11 reasonable to believe that maybe when the officer's asking 12 about this stuff, she's not going to take responsibility 0 13 for something because she's afraid she may get in trouble? 0 14 Found a live .22 shell in her jeans. The 15 officer said if it is a long rifle, it wouldn't fit. The 16 problem is is that we don't know for sure if it was a long 17 rifle. We've got the picture, but we've got no 18 identifying markings. It would have been nice, though, to 19 have that bullet, wouldn't it, so we could test it? But 20 we don't have that. That was not included on the D 21 inventory sheet or the evidence sheet. 0 22 Fingerprints, the gun is finally 23 fingerprinted a week ago: Not fingerprinted in February, 0 24 March, April, May. Okay. And then they counter this when D 25 I sat down and said, "Well, we didn't need that stuff." DENISE C.PHILLIPS, CSR ~o-·---- -------------------'!-``-~-``~-E````~T````-``~-R______________ - - - - - - 0 0 ( 0 174 0 1 If you didn't need it, why did you ask to get it? If you 2 didn't need it, why have it done? 0 3 Same thing on the ATF check. If you weren't 0 4 5 concerned about who that gun was going to come back to, why did you run the check a week ago -- and we don't have 0 6 the result. That right there is reasonable doubt. What 7 if that comes back to Monishia, that she purchased it? 0 8 Well, we don't know. 0 9 10 No DNA was collected. No DNA was compared. The officer indicated that that's done in crime scenes. o-- 11 It's possible to get DNA matches or exclusions. .o 12 13 You know, as to Monishia's testimony, take it for what it's worth, you know. I don't know. I wasn't 0 14 there. You weren't there. You assess the credibility. 15 You can tell if as she was crying up there, she was making 0 16 that up. Even if you discount every bit of Monishia's o-- 17 testimony, they still don't get to beyond a reasonable 18 doubt. o 19 They simply do not have enough. They're 20 going to talk about David's coat, you know, him saying D 21 that's not his. Think about this. You've got a convicted 0 22 felon. He's in a police car, just like Monishia, in 23 handcuffs. Officer comes up with a coat, "Hey, is this 0 24 yours?" 0 25 What do you think he's going to say? DENISE C.PHILLIPS, CSR The -0--~-- ---------------``~!-``-!``r````~T````-:~_E_R____________ - - - - - - - - 0 0 175 officer wouldn't be bringing a coat unless he found 0.--. 1 2 something in the coat, right? So, is it shocking that he 0 3 would say that's not my coat? No. And the coat isn't the 0 4 5 issue. in any way. It's the gun. They cannot connect him to the gun 0 6 That's not enough just to be in the backseat 7 of a vehicle. 0 8 You know, maybe Monishia possessed it. You 0 9 10 may even think when you get back there, maybe, just maybe, he possessed it; but you can't know. There's no way I can 0 11 know. There's no way you can know. That's the problem 12 we're running into here. 0 13 Sure, it's possible that either one or both 0 14 could have possessed it. But see, it's not my job to 15 stand up here and prove who possessed it. It's not even 0 16 my j~b to disapprove that David possessed it. It's their lJ _ __ 17 job 100 percent to prove beyond -- each element beyond a . --- . ~· -- 18 reasonable doubt. Even if you're at a point where you D 19 have a firm belief that the allegations are true to each 20' allegation, that is not enough. It has to be above that 0 21 burden. 0 22 Each of you, you took an oath initially 23 whenever we were picking the jury that you were going to 0 24 tell the truth. And I believe you did. I asked you about 25 that. Remember what I said? I'd take the first 12 people DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -· 2-7-2NB-I:H-8TR-I-CT-C0URT------------I-------- 0 175 0-. 1 officer wouldn't be bringing a coat unless he found· 2 something in the coat, right? So, is it shocking that he 0 3 would say that's not my coat? No. And the coat isn't the Q_ ---~- ~sue~-------=-:' s the ``n :_ The_y cannot connect him to the gun 5 in any way. 0 6 That's not enough just to be in the backseat 7 of a vehicle. 0 8 You know, maybe Monishia possessed it. You 0 9 may even think when you get back there, maybe, just maybe, 10 he possessed iti but you can't know. There's no way I can 0 11 know. There•.s no way you can know. That's the problem 12 we're running into here. 0 13 Sure, it's possible that either one or both 14 could have possessed it. But see, it's not my job to 15 stand up here and prove who possessed it. It's not even 16 my job to disapprove that David possessed it. It's .their job 100 percent to prove beyond -- each element beyond a 18 reasonable doubt. ~. . Even 1f you're at a po1nt where you 0 19 have a firm belief that the allegations are true to each 20 allegation, that is not enough. It has to be above that 0 21 burden. 0 22 Each of you, you took an oath initially 23 whenever we were picking the jury that you were going to 0 24 tell the truth. And I believe you did. I asked you about 0 25 that. Remember what I said? I'd take the first 12 people DENISE C.PHILLIPS, CSR _g_·-·---··--- ---------·-·--·-----0-.::; L3.. . .::.15.::;.0/..:. :11:.. .6::.:;5;.;.;/2o.. ;4.. ;;;9.. :;4/'-'-7_ _---i30 [2] 9/5 49/25 300 [3] 1/23 2/6 186/18 135/6136/24 143/9146/23 146/23 146125 147/1 147/5 149/8 149111 150/19 152/1 152/5 156/19 162/25 82/3 83118 93/7 93115 93/16 101121 120/16 131116 136123 139/5 139117 139118 142/6 148/15 l - - - - - - - - " - - - - - - t 3 1 0 [1] 2/6 163/15 163/17163/18 165/22 157122164/12 164113 165/1 IO [IO] 40/7 40/22 41/3 41/24 31st [1] 30/9 167/4 167/9 167/12 169/4 169/24 184/17 56/18 74/4 127/12 128123 155118 3235 (1] 2112 171/23 172/22 173/12 174/4 afternoon [2] 26/24 79/25 158/22 34 (2] 79/2 79/4 174/20174/21175/24 176/17 again [22] 12/13 15/6 15/8 25/19 10-11 [2] 41/5 41/11 35 [1] 717 177/5 177/23 177/25 178/9 178/13 46/3 50/22 54/25 54/25 85/15 0 10-13-00049-CR (1) 1/4 100 [4] 25/25 17111 171/14 179/24 3rd fll 186/13 178/20179/3 179/8 179/8 179/23 ~4.!.!!.."-1.....!..::!..:~'-------1180/3 181/1 181111I81/25 182/23 1 - - - - - - - - - - - 1 I84/21185/9 86/13 91/2 106/22 107/21108/2 119/21121/24 127/3 140/9 169/6 169/7 179/11 181/5- 100 percent (1] 175/17 4 through [1] 48/13 above [6] 1115 109/19169/9 against[!] 118/2 D 103 [1] 2/11 11 [12) 40/18 41/3 41/5 41/11 42113 46/3 47/7 49/2 52/23 53114 403 (1] 12/10 54/24 129/23 4-9 [2] 48119 48/24 40 [1] 21/12 4221 [2] 1/24 186/19 175/20 186/5 186/7 above-styled [1] 186/7 above-titled [1] 1/15 absolutely [SJ 104/18 109/20 agency [1] 24/6 agenda [2] 82117 82118 ago [15] 8111 73/22 96/21 116/11 123/15 124/5 127/10 129/21 112 [1] 5/13 4320 [1] 2/7 130/24 131/3 149/4 129/24 134123(162/18 173123 0 12 [8] 53/10 53/24 54/1 54/6 54112 54113 55/25 175/25 12/31/13 [1] 186120 ~4-"-75~9:...~1.!-olllL-::2/..!;12=---------fabsolved [1] 104115 5 1------------1according [1] 128/18 accepts [2] 121120121121 174/5 176116 179/7 agree [24] 16114 16/18 17117 29114 5611758/6 65/i 65/4 66/1 122 [1] 5/13 SO [1] 105/24 accountable [1] 167/21 67111 69/21 70/3 75/22 94/18 98/5 0 13 [2] 51111 186/20 137 [1] 5/13 14 [11] 312 4/2 5/2 612 7/2 19/25 6 51 percent [1] 169/7 ~5~7.L: accounting [1] 35/19 ll1w.....l5:!..;/1~8~-------laccurate [2] 33/2148/14 acknowledged [1] 180/1 98/22 111/6 128/2 130/24 131/2 132/25 133/2 152/21 153/4 agreed (1] 34/11 20/2 22/2 99/14 99/23 10011 acquit [2] 169/3 169/17 agreement [2] 34/17 153/11 0 144 [1] 5/16 147 [1] 5/16 14th [1] 1/14 6482{2] 1/22 186/16 7 action [1] 12/16 actions [1] 125/5 active (1] 101118 ahead [23] 7/12 8/3 21110 22/21 26/18 32/14 42/16 76/16 78111 86/3 95/21 107/3 112/13 112/19 15 (11] 21/728/443/2189/25 73 [1] 5/19 -acts (2] 15/14118/1 125/4142/8144/1154/11157/5 0 90/3 90/10 90/11 155/7161/4 161/6 161/10 150 [1] 5/16 74 [1] 5119 77803 [2] 1/23 2/7 77803-3235 [1] 2/12 actual (9] 16/24 21/11 51/15 60/4 74/14 75/15 81/23 95/8 168/16 actually [43] 8/25 16/1 21/1 23/22 162/2 162/4 162/16 168/3 ahhh [1] 91/13 ahhhh (1] 149/10 154 [1] 5/20 78 [1] 5114 32/25_46/2147/148/1251/25_52!1 ahold [1].141/25 - 156-[l] 5120 78703]1] 186/19 52/14 53/14 55/25 57/14 57/17 alcohol [2] 63/7 72/13 IS7 [1] 5121 8 57/21 58/2 58/8 59/6 61122 62/23 alcohol-related [1] 63/7 IS9 (1] 5/21 64/19 66/1 68/20 69116 7li'IO all [138] 9/2 10/25 11/5 11/16 16 [I] 107/15 84 [I] 7119 71118 72/25 73/4 74/18 82/7 85/5 15116 15/21 15/22 18122 19/119/5 16th [15) 22/24 25/15 28/19 79/22 87 fli 5/14 88/15 89/19 90/8 107/2 108116 20/1 20/8 21124 21/25 22/8 22111 82/10 99/21 113/6 113/16 116/13 9 128/2 14115 145/12 145/12 153117 22118 26113 27/17 27/21 29/18 117122 135123 157/16 163/18 177/23 29/22 32/6 32/8 34/21 35/14 35/19 167/9 181116 ~; [[~]) ;``; add [5] 165/11 165/13 166/25 36/4 36/13 37/15 38/2 42110 42/19 17 [2) 79114 151/4 167/6 16717 43/8 44/3 44117 46/8 47/9 47/20 D 19 [I) 7/19 I978 [2) 27/6 28/7 1:00 (1] 151/23 95 [1) 5/17 97 [1) 5/17 979-36I-4221 121 1124 !86/19 addition [I] 110/13 additional [2] 4I/7 143/25 address [2] 10119 118/24 48111 48/12 48113 49/6 53/4 57110 59/5 59/24 61/13 62/5 62/11 63/7 6411_6 66/20 72116 72/21 75/19 I:30 [5] 151122 151123 151/23 979-361-4320 [1] 2/7 add``ssed [2] 162/20162/22 76/9 78/2 80117 81112 85114 86/12 0 152/20 153/2 1-'2=.;::;.::_==---------i~9~:0~0..LII~Il--1:.::8:.51 1--------------tA 979-822-4759 [1] 2112 adds [I] 167/13 : :;:..!.1 ::..3 ------fadequate [1] 160/17 adjudicate [1] 121117 86/21 88/22 90/10 95/7 96/9 98/5 98/22 99/13 100/9 100/13 103/10 104/4 105/3 105/16107/20 108/12 20 [2) 21/743/22 1-------------ladjudication [1] 122/5 110/2111/16112/10 114/9ll4/9 2 1 111122 0 2005 [1] 27/10 2012 [IS) 1/14 3/2 4/2 5/2 6/2 7/2 able 191 3116 75124 8119 102115 79122 99121 113/6123/2 135/24 157/16163/18 167/9181116 ability 1 1 03/1 102116104110 104114 118114 141125 admissibility [1] 11115 admissible [4] 14/11 16/20 105/20 105/21 admission [1] 11113 _ 114117 114121- 117/21 118/9 120/3 126/25 127/2 127121 130/20 131/3 133/25 135/17 138/3 140/7 140114 140/17 141118 143122 151121 2013 [1) 186113 about 1121 1 7117 7118 8111 914 admits [1] 14312 15-2/4 152117 154/5 155/20 156/3 0 204 [2) 1/23 186/18 2 4 3 0i`` ~0i`` 1 i~1 1 i``i 1 ```` 13122 admitted [23) 6/4 19/12 19/15 0 160/13 161120 161121 162/3 fl --- -------- ------------------------------------------------------ 8--- Den1se C. Phillips, CSR - 0 0 State v David Duane Greer 175/5 177/17 179/24 18017 180113 11114112 Vol 4 arguments [3) 123/10 160/9 asking [10) 73/16 98/20 124121 2 A 185/10 186/10 162/12 124/22 132119 134/16 139/15 all... [27] 162/10 162/25 164/4 anybody [11] 31/13 47/10 56/22 armed [1) 117/2 167117173/11176/13 166/6 167113 167/24 168110170/8 81112 113/20 119/13 124/15 around [12) 29/16 30/9 31/24 asks [1) 172120 171/10 171115 171120 17211 17612 135/19152118 177/13 178/9 32/4 43/24 118/3 126/23 127/4 assaulted [I) 116110 176/6 177/15 178/2 179/24 180/15 anybody's (2] 8/20 130/20 128/24 157123 162/25 168/5 assess [1) 174114 18217 182/15 182/16 183/11 anymore [2) 104/9 176/4 arrest [40) 6/5 615 1314 13/5 assigned [1) 27115 184110184/20 185/8186/5 18617 anyone [4) 60/15 84/11 171125 13/16 16/4 16/7 16/12 17/1218/21 assignment [1) 79/5 allegation (2) 169/20 175/20 172/9 18/25 19/2 22125 23/5 23/10 28/23 assistant [3) 2/6 118/23 171/4 allegations [3) 169/8 169/11 anyone's [l) 104/23 31/21 35/3 63/16 75/4 75/575/11 assist~d [1) 57/14 0 175119 alleged [1) 153/20 allow [5) 18/18 63/21 95/2 95/3 anything (36] 12/15 19110 31/15 32/19 35/12 37/3 39/11 39/19 59/2 59113 6118 65/17 66/10 7317 74/23 83/12 83/22 104/9 104/20 106/5 113/10 113/17 119/4 120/9 120/11 120/14 137/14 138/11 138119 associated [2) 38/23 179/5 assorted [1) 155/15 assume [1) 34/18 177/9 82/4 90/17 92/3 95/8 98/12 113/17 141/5 147117 148/16 157/19 ATF [4) 72/8 72/14 72/22 174/3 0 allowed (2) 63/19 181/4 alluded (1) 60/5 almost (3) 49/25 70/19 85/23 along (1) 162/6 119/9 126/5 126117 126/24 128/24 130/16 131/1 135/8 143/1147/4 149/20150/19152/24153/8178/9 anytime [1) 147/9 arrested (20) 13/4 13/14 13115 16/5 33110 71/3 83/8 84/12 87/8 113/10 113/13 118/17 118/20 121113 128113 131117 170/14 attacking (5) 17/3 17/12 18/21 18/23 171120 attempt [I] 47/6 attention [6) 7/22 79/21 96/16 ALPHABETICAL [1) 5/11 170/20 17119 17119 113/5 116/12 185/6 0 anywhere [3) 52/21 66/20 133112 already [12) 49/3 57/6 64/2 71/16 apiece [1) 152/16 arresting [3) 35/13 74/14 84/20 attorney [3) 213 2/9 99116 110115 11111 115/17118/15 apologize [1) 150/14 arrests [3) 34/23 36/11 6317 Attorney's [1) 69/19 126/20140/18 15112151/3 Appeals [I) 1/4 article [1) 29/5 attorneys [4) 216 160/10 162113 also [36) 11/24 11124 13/3 13/4 appear [3) 38/10 89/8 98/13 articulable [2] 111/9 111118 184/22 l 16/15 16/22 21114 24/14 30/2 appeared [1] 38/12 as [160) 9/18 10/6 11/19 11120 audio [7) 97/19 97/24 98/1 98/4 [_j 30117 36121 47/19 62/2 62116 appears [2) 46/7 184/13 11/22 12/1 12/5 13/1 16/16 17/8 143/21 143/22 144/11 63/16 64/10 68110 68119 76/22 apply [1) 176/25 19/20 19/24 20/12 20/13 20/13 August [4) 9/21 15/4 15/5 96/20 77/6 87/1 89/15 91/17 99/20 applying [3) 176/17 178/5 178/5 21115 21116 21121 21121 24/20 August 29th [3) 9/21 15/4 96/20 D 102/25 108/2 113/13 145/22 148/11153113155/2164/24 168/13 168115 17115 179/19 appreciate [1) 18517 approach [11) 33/14 40/3 45/24 48/1 62/9 89/1 92121 115/2 127/7 26/21 28/3 29/1 31/16 33/18 34/10 35112 35/21 36/20 37/18 4017 40/14 40/18 40/25 48/5 48/15 aware [12) 811 9/19 88/16 93/3 9519 97/4119/10126/3126/4 128/10 132/22 157/25 although [1) 145/7 154119158/17 51/10 51122 53/20 55/19 56/25 away [10) 24/16 35/14 59/18 0 always [11) 16/24 68/5 106/5 131/13 178/11 178111178116 178/19178/19 180/4180/4 appropriate [2) 14/24 182/25 approximately [3) 32/13 79/2 79124 57/5 58/1 58/1 60/10 60/10 60/20 60/25 61112 62/14 62/14 65/6 65/8 65/17 65/17 67/20 67/20 68111 61114 63/3 112123 113123 118/4 177/2 180/22 aways [1) 141/6 am [4] 1811718/18 44118 117/24 April [2) 12/19 173/24 69/24 69/24 71/11 71/14 71124 awhile fll 122/17 0 Amendment [2) 76/21 76/22 are (103) 7/23 8/2 16/3 16/23 74/18 74/24 75/5 78/13 80/15 America [2) 163/7 167/16 16/23 17/2 17/1919/12 23/17 85/24 86/9 87/4 87/14 87/14 87/25 B ammunition [4) 52/22 53/2 5617 25/14 27/15 31110 3211 3217 36/2 89/16 91/4 91/4 9116 91/6 91117 back [72) 12/2113118 I6/II 26/9 115/18 36/4 36/2I 36/21 43/IO 43/10 9217 93/22 94/21 94/2 I 94/2 I 28/I9 3I/2 38/4 39/6 39/8 44/4 amount [3) 10/14 1517 71124 44/15 44116 45/4 47/4 4811 I 48112 95/23 97/24 10111 102/12 I02/21 44/22 46115 49/24 55/5 5517 55/13 :o ample [1] 110124 analysis [I] 14/23 ankle [I] I I8/4 48/13 48/I 6 49/I 5 I/12 51/14 51/17 51122 51/24 52/11 53/13 53/16 53/19 54/6 54/8 55/I6 59/17 104/1 104/5 104/5 104/9 104/9 I 04111 10517 106/18 107/25 10817 110125 11114 111/4 I I 116 111120 58/17 60/10 60/11 60/22 72/9 73/23 74/4 75/25 8011 8017 82/2 84/9 85115 91/1 96/20 I08/24 anniversary (2) -20/15 20/15 59/24-63/I 0-64/8 70/17 72/18 - 112/16-113/9 H3/25 113/25 1 I6/2 H0/7 I-1 4/8--I 14/19 114123 l i 9/I 0 0 anonymous [1) 87/17 another [9) 9/10 44/13 84/1 107/5 128/5 129/2 136114 136/15 146/24 78/19 78/24 79115 88116 9211 92/23 94119 97/22 98/15 101/16 102118 104/3 105/3 109/7 109/9 I I 8/24 122114 12917 132/9 136/14 137/13 137/19 138/4 138/4 139/11 140/14 141/9 141120 141/20 120/25 121124 123/19 123/22 126121 127/1 131116 131120 131123 133/5 133/6 137/11 138/24 answered [2) 132/3 149/21 110/10 111/2 122/11 122/19 142118 144/3 145/10 147/16 148/6 139/9 140/I1 141121 151123 0 answers [2) 86/12 86/2 I anticipate [6) 25/23 26/1 89/18 142111 152/24 153/8 124/11 I24/12 124123 125/6 125/8 125/10 126/2 128/10 I32/22 135/22 135/22 141122 143/21 148/9 148/19 149/1 150/10 154113 I55/7 156/4 156/9 156/9 157/8 157/15 157/18 158/22 16113 16113 155111156/5157/16163/12167/6 168/18 168/19170/21 171116 17211 172/10 174/4 174/7 175/9 any (85) 7/24 8/22 I 11I8 12/1 I I 44113 144/I 5 152/11 152/15 164/8 167/22 I68/ll 168/21 I77/24 I80/24 181/17 182119 0 14/4 14/13 I5/1 21114 21115 32/I8 43/7 46/12 47/9 52/21 54/9 56/18 58/14 5911 59/12 59/18 60/I4 60115 61/7 62119 66110 67123 154/16 158/5 160113 160/25 I63/5 163/10 163111 165/12 16713 167/17 169/8 169/11 169/13 169/18 169123 169/25 170/4 171/19172/6 174/12 174/15 176/10 176/14 178/6 184/5 Backdoor [1) 87/5 backseat (12) 25/2 37/20 60/10 128119 145/25 151113 154125 159/18 166/12166/14 175/6 175119177/2 178/25 179111 ask [29) I 0115 20/6 26/9 29/8 68116 68/24 68/25 69/23 73/20 178/22 0 181110 181/11 185/9 30113 40/8 40/18.48/6 51/18 77/23 74117 74121 74/24 77/7 77/8 87/24 area [13] 9/22 30/6 30/10 30/14 77/24 85113 86116 9117 91/8 93/19 bad (11) 46/25 77/2 134/21 135/1 92/14 9517 95/11 97119 100/24 30/20 32/4 37/23 39/6 59/16 99/8 101/16 141116 146/4 149/24 135/2 135/8 136/4 149/11 167/12 100124 100125 101/24 105/7 107/1 110/11 156/5 159/18 172110 156/24 159121 166/9166/23 167/3 183/3 183/5 108/4 108/6 109/8 109/9 111/13 bag (27) 24/23 38/3 3817 38/10 [J 111114119/9119/24120/3120/4 121/15 122/11 128/10 130125 140/8 140113 142/21 143/24 areas [4) 28/14 6717 67/12 67/15 argue [2) 17/8 107/25 argued [I) 104123 arguing [1) 104/25 17411 17817 18116 asked [26) 51119 5811 73/22 85/21 90/14 98110 114/6 131118 13211 132/17 132/20 133/7 133/10 134/9 39/10 39/15 47/15 47/15 49/.9 69/22 114/2 !14/15 114115 12617 126111 126/14 127/2 128/19 130/6 144112 146/4146/18 156/10 argument (10) 13/25 113/19 134115 136/8 142/15 14317 148/4 140119 155/3 155/12 155112 0 159/10 159/10 163118 169/22 170/8 170/23171118 171/20 173/2 123/7 123111 162/15 162117 168/6 168/14 171110 176/15 149/8 149/8 165/3 166/21 172/12 175/24 181/18 155/19 159/6 159/10 171115 bagged [2] 69122 70/4 n - ···--- ----------- ------------~---~------------------------ _ _ _ _------------~------- .. -W--·- ------·--------- Demse C. Phllhps, CSR 0 3 State v David Duane Greer 11114/12 Vol 4 85/4 93/11 93/12 93/22 95/23 98/9 bit [23) 23/20 39/21 50/17 55/19 burglary [4) 13/5 13113 13117 B 102/21 105/20 105/21106/9 . 57/3 57/21 61/11 65/6 70/17 74/11 13/22 Baggie [1) 51/II 110115 111115 112116 116110 90/12 90/17 114/8 118/17 12118 buried [1) 39/9 Bahamas [1) 117/18 117/6 119/24 120/4 121/2 121/25 133/1 141/6 144/8 144/21 145/21 business [1) 177/25 bailiff [1) 184/11 12211 126115 126/25 129/19 164/13 174/16 179/9 buvs Ill 103/4 balancing [2] 12110 12110 140/11 140116 141125 142/13 bits [1) 165/11 c } Ballew [2) 136/15 136119 Ballew's [3) 84/9 144/12 166/20 144/3 150/14 151/1 154/13 155/6 black [23) 25/2 31/1 32/23 39/2 157/8 158/6 158/21168/8 171/13 45/6 60/21 82/16 108/9 108/9 cab [7] 37/11 37/19 37/25 3811 38/22 60/16 105/5 ballistics [3) 66/10 95/8 95/11 172/2 172/3 173/18 177/19 185/6 119/312617126111 128/8128/19 bare [I) 80123 before [34) l/16 16/1 16/1 27/11 -145/5 -146/5 15S/3 155112 1SS/12 caliber-[2) 25/22 65/8 barrel [3) 55/10 94/13 95/4 58/6 72/12 79110 82/6 83/21 91124 155/19158/22164/21 164/23 call [22) 26/14 63/19 7817 80/10 base [1) 103/13 9217 92/12 102/2 108/16 108/22 blank [1) 153113 82/16 87/13 87/17 8817 88/13 based [5) 16/25 17/23 17/23 113/17 116114 117/22 123/6 block [3) 32/14 58/18 165/9 88114 91116 95115 99/11 10611 100/24 134119 124/24 125/3 126/19 127/4 129/18 blouse [1) 83/1 107/22 107/23 112/8 132/11 basically [5) 20/12 44/20 88/22 13117 131119 132/3 137/3 160/9 blo'Y [1) 65/15 132/12 132/13 142/2 157/3 96/25 163/4 168/5 171/8 172/3 173/8 17717 blue [3) 11125 12/19 4917 called [8) 2111 24/9 35/9 84/11 basing [1) 101/18 beforehand (1) 7/17 Blueback [1) 162/8 85/3 85/5 89/18 114/5 basis [8) 1311 16/6 17/4 18/3 19/1 began [1) 59/8 boil [1) 164/4 calling [2) 105/12 142/12 I 00123 I 09112 110/21 begin [3) 162/10183/12 185/13 boils [1) 164/5 calls [3) 78/9 86/25 129/6 be [124] 1/15 7/9 9/2 9/16 10/24 behind [20) 23115 32/3 32/11 bond [1) 118/1 CAL VERT [9) 2/4 22/23 26/23 10/251111811/2514/1114/18 37/23 39/6 58/12 58/18 74/11 82/6 bones (1) 80/24 73/14 95/25 122/25 154115 157/10 14/24 15/8 15/20 17/1 17/4 17/11 82/9 128/15 156/6 156/6 15 817 both (12) 7/23 7/25 8/2 33/9 176/15 19/21 21/6 21/9 22/19 24/6 24/11 158/9 178/12 178/20 180/4 180115 50/11 101/15 105/14152/14 160/4 came [12) 1115 8110 8111 51/15 25/24 26/2 34/6 36/24 38/21 38/25 184/22 161111 163/12 175/13 82/2102/6118123 127/24 131115 41/9 43/20 45/9 4617 47/12 48/23 being [26) 15/9 24/15 31/5 32/2 bother [1) 178/12 131123 168/11 180/1 51/14 54/11 54121 57/2 59/11 57/3 70/24 98/12 110113 117/2 bottom [3) 41/25 42/2 62/13 camera [4) 58/9 58/ll 71/8 61125 63/11 65/6 66/2 67/12 70/20 126/19 126/20 131/4 132/22 bought [1) 182/4 145/14 73/3 73/3 75/22 76/8 7817 79/4 136/13 136114 136/16 143/12 bound [3) 168/24 169/2 176/11 cameras [2) 97/22 97/24 ~ 88/4 88/16 89/18 92/24 94/10 145/10 151113 158/10 162/20 box [2) 33/2 37/2 camouflage [14) ~n ~ 94/17 94/20 95/18 9817 98/8 98114 162/21 176/22 178/22 179/23 boxes [1) 23/22 ~ H&'& 128f"l:2"'1~'"1"4"4'ftr 99/8 99/25 100/8 102/16103/12 181/1 bracelet [3) 118/3 140/6 14017 ```` I 03/22 I 04/10 106/6 106/11 belief[4) 65/25 169/8 169/11 brand [1) 65/17 ~g``H -= r- 106/18 107/15 107/23 109/18 175/19 BRAZOS (23) 117 1117 23/2 27/3 Campbell (67) 5/13 16/5 23/2 109/24110/16 11117111116112/6 believable (1) 183/1 27/8 27/9 27/14 30/15 78/20 79/11 23/4 23/6 23/18 24/2 24/21 25/24 115/5 116/1 117/22 119/25 120/2 believe [35] 7/19 7/20 12/19 14/8 96/3 96110 139/20 139/22 157/14 26/3 26/4 26/6 28/24 29/20 30/6 120113 121119 122/12 127/5 14/10 15/4 15/25 2119 2517 25/11 163/20 163/21165/24 167/9 30/20 3119 31/16 33/10 38/11 128/23 13311 134/21 135/1 136/4 26/5 30/9 45/6 62/4 63/11 65/20 167122 186/2 186/4 186/18 38/12 38/16 38/18 38/23 43/17 141116149115 151111 151/23 6717 6817 68/21 70/25 72/12 82/25 break [5] 76/11 100/ll 113/22 44/5 44/9 47115 52/18 53/5 56/25 152/5 152/15 153/8153119 154/4 100/22 112/11 119/10 148/4 160/10 167/19 57/3 57/6 73/15 73/23 74/2 74/5 154/8 156/24 159/22 162/24 152113 152114 153/5 153/18 155/2 breath [1) 150116 75/9 80/18 81115 81/24 82/21 83/3 165/14 168/11 172/22 175/1 175/6 159/8 167/4 173/11 175/24 brief [5) 9/3 9/11 100/8 152/15 83/6 8317 83/11 83/14 83/18 83/21 175/20.176/4176/9177/151.77118 belong (3) 38/11 38/12 136/6 162/1 85/1 85/3 85/16 86/22 92/6 II 0/6 179/11 183/21 184/13 184/14 belonged [4) 14119 56/24 71/1 briefly [2) 54/14 84/8 112/9 112/15 112/21 144/16 1_84!_24 }_86/_6 186/12 1!19/9 bring [18).15/18 20/19 22/3 22/5 .. 146/19 151/6 157/20164/17 - because [70) 8/6 8/10 11121 11/24 belongings [5) 113/25 114/9 25/10 51/18 51119 78/2 78/5 112/1 164/24 166/15 170112 180/1 15/12 19/1 19/6 26/3 36/24 49/24 115/11 140/12 140/20 112/4 116/17 153/24154/5 160/25 Campbell's [7) 39110 47/24 49/10 52/9 61114 62/22 63/2 63/15 69/3 belongs [2) 129/11 130121 161/21 183/17 183/19 51/23 52/14 52/20 155/20 70/6 70118 70/21 71125 72/20 bench (3) 37/22 142/10 143116 bringing [1) 175/1 can [83) 7/10 7/14 9/10 9/15 80/20 93/17 94/15 94/22 102/13 beside [2) 32/3 156110 broad [1) 111/16 2Wl820/192Wl92Wl434/14 105/16 106/8 110121 111/23 best [3) 30/1 84/4 86/11 brought [2) 7/22 164110 36/5 37/17 41/15 46/8 50/22 54/23 115/12 117/9117/12 124/14 bet [1) 173/8 brutally [1) 173/9 55/19 56/11 56117 60/20 66/14 124/18 125/4125/9 125/10 128/5 better (5) 21/10 27/25 66/2 84117 Bryan [8) 1/16 1/17 1/23 2/7 2/12 68/9 68/10 70/6 71/3 72/1 76/9 128/21 136/8 137/2 140/4 141/1 97/20 30/12 120/15 186/19 7717 82/19 82/24 86/4 86/11 87/21 145/13 153/15 153/18 164/3 164/6 between [14) 2117 51/4 55/20 building [1) 165/9 89/5 94/3 94/17 94/20 95/5 95/14 16417 165/11 165/15 167/13 172/5 56/4 64/14 92114 94/8 99/15 building-block [1) 165/9 97/19 97/20 9917 100/19 I 03/6 172/23 173/6173113 176/19 177/8 IntiS q&/18 151/2315617 bullet [18) 49/16 49/18 49/22 50/4 _106/}0_IQ{i/25. 145/1? 128/2 C) 177/8 1Ti/iOI77115 178110 162/15 164/1 50/9 50113 5115 51115 51115 51/22 130/24 132/25 141/15 143/15 178/13 179/5 179/14 180/3 180/6 beyond [27] 165114 165/16 167/8 52/9 52113 52/20 55/6 55/10 55/21 144/17 145/3 145/12 145/12 J 180116 181/9 168/22 168/24 169/9 169116 156/18 173/19 145/13 150/16 151/20 152/4 152/5 152/9 152/20 152/21 156/4 16113 become [1) 157/25 169121 174/17 175117 175/17 bullets (14) 6/11 51/9 52/21 53/13 bed [4) 37/15 37/16 48/10 49/2 17611 176/10 17811 178117 178/25 54/1 54/4 5511 55116 55/24 56/3 165/10 165112 165/16 166/12 been [74) 12/18 16/24 22/25 179111 179/19 179/21 179/24 70/14 70/17 70118156114 166/25 168/16 169/15 171/11 25/17 26/21 27/5 2717 27/9 28/2 180/11 180112 180113 182/6 182/6 bunch [7] 39/9 114/11 115/13 173/5173/5174/15175110175111 28/5 31116 33/17 34/2 35/21 40/6 182/8 182112 117/16 140/25 153116 155/3 179/11 183/1 183/5 184/23 185/8 40/17 42/17 48/5 52/22 58/18 big [6) 41/25 71/13 95/1 115/12 bunk [1) 9/22 can't [24) 15111 15/11 2417 37/2 63/18 65/18 66/10 67119 69/4 71/5 124/13 140/23 burden [4) 169/10170/4175/21 37/21 68/5 70/20 71/25 89/11 J 72/8 72/9 78113 78/22 79/1 79/8 bigger [2) 57/3 118/13 178/3 94/13 103/2 105112 107/22 107/22 .. i\d:--------- --- -------------------------------------------------------------------------------------------------- Demse C. Phdhps, CSR ') j n c State v David Duane Greer 174/5 177/6 11/14/12 Vol 4 169115 174/4 178/14 183/6 184/24 146/2146119 146122 147/9 181/21 4 checked [6] 39/25 40/1 75110 80/4 comes [14] 1611 16/2 31/1 55/5 convict [1] 168/25 [J_ can't... [10) 111119 143/1 143/3 81/2 115/17 152/24153/8 156/3 156/12 165/9 checking [2) 50/19 50/25 58/6 63/2 71/4 98115 138/17 convicted [17] 25/12 25113 25/21 172/19 174/7 174123 180/7 181/4 26/4 99/17 119/24 120/4 120/22 122/7 133/21 134/24 163/23 175/10 180122 chief(3) 9/18 10/6 100/16 comfortable [2] 7/23 8/2 cane [1) 38/3 children [1] 91/8 coming (2) 131/15 131/20 167/10169119174/21 176/5 0 cannot [3) 60/23 68/9 175/4 canvas [2) 155/12 155/12 choose (1) 105/16 choosing [1) 105/17 car (28] 23121 29/16 32/11 59117 chose [1] 121/7 comment[1) 15/8 commit [1) 176/5 committee) (1] 118/1 182/21 conviction (3] 20/13 164/2 176/9 convictions (3] 21/16 77/8 122114 convincing [1) 169/1 63/2171/5 71/8 89/10 90/25 91/l CHRONOLOGICAL [3] 3/1 4/1 common [10]-46/2146/23 47/1 0 105/25 126/16 126/20 131/16 5/1 47/3 168/19176/17 177/1177/6 cool [1] 82/12 136/16 136119 136/20 138/24 CI [3] 101/22101/23111/17 178/5 178/10 cop (2] 27/5 35/21 141/5 144/11 144112 145/25 circumference (1] 94/22 company [1] 84/14 copies [3] 16/4 16/23 161/25 170121 171116 174/22 181/17 circumstances [3] 14/20 56/22 compare [1] 68/3 copy [4] 17/1 107/4 107/6 162/5 corners [1] I 03/20 0 182/25 185/3 56123 compared [1] 174/9 care [7) 7/12 26/10.100/6 170/3 city [I] 30/11 compartment [5] 37/1 37112 Corps [2] 162/24 162/25 179/12 184/25 185/2 claim [4] 132/18 137/24 166/22 37/21 39/6 60/22 correct [115] 11/12 11/15 13/7 carried [I] 170/16 181/10 complete [5] 68/5 85/23 105/20 19/16 29/13 29/17 34/20 3511 carry (4] 100/19 130/2 167/19 claimed [1] 148/5 122/8 122/9 36/24 37/4 41/2147/5 47/17 49/4 0 173/7 clanging (I] 168/5 cars [5] 31/23 32/1 3217 3217 33/2 clarified [I) 142/18 case [70) 7/20 7/24 8/3 8/5 8/12 clarify [3) 46/24 132/8 137/11 completely [1] 138/5 complied [6] 41116 42/11 54/20 56/12 183125 184/12 50/6 56/20 57116 57/23 59/4 5917 5919 59/14 59/25 61/6 61/15 61/19 61123 62/4 62/20 62/21 62124 63/5 9/1810/6 11/19 11/23 12/22 13/2 clean [1] 9/23 computer [1] 36/7 63113 63/17 63/22 64/25 65/3 0 13/11 13/17 13/19 13/21 13/22 14115 17/22 25/20 26/8 44/23 clear [14] 50/20 71/17 108119 computerized [1] 1/18 111/2121/9127/11133/1134/19 concentrating [I] 30/5 47/22 63115 63/24 67/6 68/17 69/9 136/2 15117 151/11 169/7 181/20 concern [1] 181/13 65/10 65/11 65/14 66/2 66111 66/18 67/9 67121 68/3 68/4 68/7 68/18 68/22 69/1 69/2 69/11 69/14 77/12 84/1 84/2 89/9 97/4 99/20 182/20 concerned [4] 108/13 117/23 69/15 70/15 71/2 71/20 71/23 72/4 0 100/5 100/16 101/24 103/8 103/24 clearly [3] 38/23 38/25 143/11 108123 109/24 121/21122/17 125/17131/10 139/11 139/14 client [4] 10113 104/9 108/7 111/14 134/10 174/4 concerning [1] 146/4 conclude [1] 56/24 73/4 73/24 76/19 77/4 77/20 87/15 88/10 88/16 88/23 89/20 93/21 94116 97/5 102/3 121/2 126/12 127/17 127/19 127/24 128/6 142/4 146/23 146/24 146/25 149/1 client's [I] I 02/25 concluded [2] 100115 143/16 0 149/3 154117 160/2 165/8 165/9 cloak [I] 105/12 condition [6] 37/9 38/1 40/14 128/25 129/1 129/4 129/11 129113 166/7 167/2 167/3 167113 167/18 close [5] 48/8 49/12 55/20 160/1 40/25 53/20 116/2 129/16 129119 129/20 130117 177/15 177/24 178/20 179/8 160/3 conduct (2] 84/22 106/19 13 0118 130/22 13 0/23 13 1/9 180/18 180/25 184/17 184/25 close-up [2] 48/8 49/12 conducted [2] 11113 158/11 131/24 132/1 132115 133/8 135/4 185/9 closed [3] 75/19 160/2 160/5 conducting [2] 158/1 165/24 137/4 137/20 148/3 148/7 149/1 0 case-in-chief[3] 9118 10/6 100/16 closely (I] 79/17 cases [2] 27/23 92/16 catches (1) 52/10 closer (I] 105/22 CLOSING [3) 162117 168/6 conference [1] 142/10 150/20151/8 151/14 151/15 confidential [9] 88/8 91123 91/24 154/25 155/4155/16 156/16158/8 101113 101115 103/7 108/3 108/14 159/4 159/19 186/5 caught [3) 135/2 136/5 150/7 176/15 111111 correctly [3) 109/20 169/25 186/9 0 cause [8) 1/3 1116 12/16 95/5 I 09/25 I 09/25 169/6 18617 causing [2) 55/9 55/22 clothes [I7] 12/6 60/24 105/7 114/1 114/10 116/21 117/14 confirmed [1) 75/11 confrontation [4) 10/12 103/1 125/20 126/7 126/8 126/11 12 7/2 109/7 109/11 cost [1) 186/11 could [37] 11/25 29/22 32/15 33/22 47/11 52/5 54/18 54122 CDs-[1]-155112. 130/4 130/5 140/12140/25156/9-- confusion (l) -12118 . - . -55/23 58/20 65117 65/18 66/4 67/6 0 cell (2] 12/3 12/5 Central [I] 27112 certain [6) 63/6 66/25 71/24 clothing [I8] 24/23 29/5 38/2 38/3 connect [1] 175/4 38/8 38/10 38/14 39111 39/15 47/15 47/16 47/19 47/20 47/25 cons [2] 20/12 77/2 consider [1] 176/21 76/3 77/9 87/25 93/18 101/9 101110 112/19 114/1 114/12 116/24 116/24 121116 134121 129/3 143/20 180111 149/18 155/4 155/15 155/21 Constitution [I) 83/15 135/1 140/8 140121 171/13 171/24 0 certainly [3) 130/1 152/7 159/9 cloudy [I] 82112 Constitutional [I] 76/18 171/25 172/2 172/3 173/19 175/14 certified [5) 16/3 16/23 1711 clue [I] 119/11 contact [2) 30/21 67/8 counsel [IO] 22121 34/3 41/3 78/24 79/1 ' ~),,..! 1-1] 6lL~ contacted [1] 101/22 64/21 73/22 liiii 111/4 177/24 certify [3) 186/5 186/9 186111 - coat [17.:]::::;4'4~/~5 contained [6] 49/10 53/10 70/10 178121 186/6 challenging [2) 16/25 18/1 ~J.!.f;.l;;jY;'-:t-/-18:;l.Q&LlL1.0819---' 70/19 155/3 155/20 counted [1) 103/5 0 chamber [7] 52/3 52/4 55/14 64/20 65/6 70/21 94/21 chl!mbered [1) 50/14 . ~J.e~t.J.Q-.1:!74/~0-r7472:fT75/l container [1) 159/11 !-=7-5-~]..:t-5}3--~ cocaine [2] 106/1 120/5 contains (I] 186/5 . contents [2] 54/5 88/23 counter [1] 173/24 country [I] 118/23 COUNTY [26]1/7 1117 23/3 chambers [1) 186/7 cock [1] 55/12 contest [I] 181/9 25/14 27/3 27/8 27/9 27/14 30115 0 changed [1] 143/13 changes (1] 182/2 charge [1 OJ I0/7 152/1 152/21 coffee [I] 182/18 cold [I] 118/13 collected [2] 65/9 174/9 context [3] 12/3 14/20 15/13 continue [3] 83/18 85/16 151/24 continued [I] 183/16 78/20 96/3 96/10 120/8120/14 120/16 138/12 139/21 139/22 157/14 163/20 163/21 165/24 153/4 160/8 160/18 160/24 162/4 college [I) 63/20 control (2] 170/3 179113 167/9 167/22 186/2 186/18 0 162/7 162/9 charged [4] 9/19 153/19 163/16 184/5 charges (2] 120/16 138/12 color [1] 36/23 combined [I] 165/23 controlled [1] 103/4 conversation [27] 10/16 13/21 come [26) 16116 18/18 26/6 41/15 14/3 1511 74/4 97/14 97/21 98/6 couple [11] 8/11 11/17 20/19 30/2 92/20 96/21 I 00/22 115/4 146/22 151/22 162/18 42/2 49/9 54/18 55/23 63/21 67/8 126/3 131117 131/20 13311 134/20 course [2] 10/4 14/2 0 CHARLES [1] 2/4 72/9 75/7 84/12 102/1 114/6 133/6 135/23 136123 136/24 138/18 court[17] 1/3 114 1/6 1122 1/22 check [6) 41118 81/3 89/10 174/3 140/8 160/6 164/14 164116 167/1 139/5 139/9 142/18 143/8 145/22 9116 17/23 17/25 92/25 123/4 .. 0-- ________ --------··-· _____________ ----~emse C~htlh~_:_ CS~---------------------------------- 0 0 State v David Duane Greer 11/14/12 Vol 4 depictions [I] 48/14 98/18 98/19102/11 106/3117/1 5 c 164/18 164/25 165/9 166/16 167/8 167/18 181/22 183/3 183/5 depth [I) 27/22 117/12119/11 122/9123/16 court ... [7) 130/13 184/15 186/4 DAVID (43) 118 28/24 29/1 29/20 deputies [2) 23/2 23/8 125/23 125/24 129/18 130/9 132/4 186/4 18617 186/17 186/17 59/8 67/20 69/10 71117 72/1 73/4 deputy [I7.]~57/14 61122 134/5 135/8 135/10 137/22 137/23 Court's [2) 16017 162/9 7317 80/18 8119 87/9 92/4 96/17 62/14 73/23 74/4 74/15 74/20 137/24 138/11 138113 138/15 courthouse (3) 168/20 176/22 112/23 113/6 113/13 113/18 74/24 89/15 90/9 136/15 136/19 143/3 145/23 148/8 148/11 148/11 136/24 151115 155/8 157/25 148/19I50/18 159/9 159/9 165/18 D 177/7 courtroom [7] 17114 29/2 42/22 64/24 109/3 109/8 176/25 114/23 11917 122/19 123/8 132/12 137/17 145/2 146/20147/18 147/21147/23 148/9 157/20 describe (15) 27/I? 29/4 35/2 35/2 35/16 36/16 37/8 37/8 39/5 169/20 171114 173/25 174/1 174/2 181/24 182/3 183/6 covered (2) 117/6 117/8 163/22 169119 17017 170/9 170/11 54/22 82/24 86/5 86/11 144/17 difference [10) 51/3 56/4 56/4 94/8 94/12 94/25 95/1 103/9 0 CR [I) 1/4 170/15 170/16175/16176/3 184/4 145/3 crack [1) 120/5 David's [8) 73/3 11617 118/6 described [4] 32/6 3817 111114 103/13 170/23 crammed [2] 114/17 117/20 148/3 170115 170/23 172/18 155/20 different [20) 27/21 28i14 50/14 credibility [12) 163/11 165/21 174/20 describing (1] 87/14 53/1 55/2 60/17 66/17 66/24 66/25 165/22 166/25 167/3 167/3 167114 day (40) 1/14 23/3 28/20 40/15 description [7) 6/4 14/3 36/22 6717 70/17 119/3 14317 143/8 0 171/20 174114 177/10 177112 177/23 credible [8) 102/22 102/24 103/12 43/5 79/22 82/11 82/22 87/8 II3/17 113/17 114/5 114/5 117/22 123/6 127/4 128/3 128/6 128/25 101/4 10217 I0817 108/14 designed (1] 94/19 detail (I] 89/11 I63/l I63/2 I66/18 I69/4 I81119 181/19 digging [2] 126/21 126/21 109/18 110116 165/19 16611 18117 I29/16 I29118 13117 136/3 136113 details [2) I0/9 II6/I7 dimmed [1) 144/8 0 CRF [I] 113 crime [9] 66/I? 66/24 68/2 68/10 68/11163/16 174/10 176/5 177118 I43/10 I43/11 I45/23 I47111 147/16164/5 166/17166/18167/2 17112 171/8 177/10181/17181/21 detained [1) 59117 detective (11) 27/24 29/12 91123 108/21 108/21 127/21 144/6 dire [4] 163/I5 I65/I6 176/12 177/21 direct (13] 5/12 26/22 74/17 crimes [3] 77/8 119/25 122/12 183/6 186/13 144/2I 146118 150/25 I57/15 74/21 78/14 79/21 88/8 95/24 0 criminal [6) 27/I6 27/19 29/21 7917 157/13165/25 critical [I] 109/20 daytime [I] 3113 dead [I) 140/9 deal [3) 72/20 83/2 83/5 detectives [1) 27/20 detention (12] 9/23 9/24 10115 1617 16/25 17/24 18/2 18/3 96112 96/I6 112/17 144/4 154/14 157/9 direction [I) 55111 disagree [I] 179/9 cross [10] 5/12 57/10 57/12 87/11 dealt [2] 83/2I 83/25 I08/3 IIO/I I1117 disagreement [I] 152/22 0 97/12 111/22 I22/24 147/14 156/1 159115 Cross-examination [8) 57110 decades [1] 165/23 decide [3] 80/I2 85/12 177/22 decided [3) 84/17 84/19 86/23 determinative [1] 10617 determine [I) 1011IO determined [I) III/15 disapprove [I] 175/16 disarray [I) 60/6 discharge [I] 184/2I 57/12 87/1197/12 122/24 I47114 decision [5] 77/11 77/12 77117 did [I72) 10/9 10/15 IO/I7 10118 discharged (2] 25/18 I85/11 156/1 159/15 87/2 167/1 IO/I9 I0/2I 13/23 I9/2 I9/3 20/25 discharges [1) 94/22 0 cross-examine [I) I11122 crying [1) 174/I5 crystal [1) 18I/20 decisions [I) 177/2 declined [1) 13/23 defendant [45) 2/9 7/20 9/I9 9/25 28/22 28/25 30/20 30/22 3I/3 31/5 3117 31/I5 32/I2 32/I6 32/I8 33/2 33/6 33/8 36/I1 3611I 36/15 37/5 disciplinary [1) 10/IO disclose [1) II8/24 discount [1) 174/16 CSI [1) 46117 IO/I6 I4/I6 I6/4 23/I8 24/I 25/20 37/25 38/IO 38/18 38/19 39/2 39/4 discovery [1) 182/24 0 CSR [3) 1122 I86/I6 I86/I6 cultivated [I] 92/15 cultures [1) 163/2 26/9 29/9 30/5 30/20 3II16 32/I2 33/IO 42/23 4317 56/I4 56/18 56/25 57/3 73/I9 8317 84/2 96/22 39/I6 39117 39/I8 39/19 39/23 40/I 46/II 46/I4 47/6 47/22 49/9 49/II 49/I5 49/17 51118 5112I discussion [2] 9/9 96/24 dismissed [2) 13/9 13/IO disorder [I) 9/23 cumulative [I) 17/11 99/15 99/17 I04/9 I23/I6 123/22 51125 51125 52/2 52/14 57/I? dispatch [7] I9/4 74/23 75/6 8112 0 curiosity [1] I58/14 current [1) 79/5 currently [I] I22/19 129/4 I29/8 I29/22 130/15 I45/19 I45/22 157/I9 I62/I4 I63/5 163/22 I83/24 183/25 184/4 57/I9 57/I9 57/21 59/5 60/I4 60/I5 63/24 64/1 64/18 64/18 64/2I 70/25 ?I/17 71/21 74/4 75/5 81/3 87/24 10I/8 dispute [2] 142/12 179/I1 disregard [1) 8611 custodial [1] 1111.1 DEFENDANT~S [13]4/5 9/25 . .75/6 75/6.79/10 79/13 80/12 80/24 distance [3] 58/5.82/9 166/11 0 custody [10] I2/5 33110 43/8 59/9 83/8 I041lll39/20 I57/22 170/3 179/I3 cut [3) I40/7 I40/8 145/5 10/6 32/1I 3317 34/25 37/6 40/II 97/3 9717 I43/IO I54/23 I58/2 defense [I4] I4/I7 14/20 25/I1 8111 8113 8I/5 83/2 83/5 83/11 83113 83/I4 83/I6 83/17 84/6 84/22 8517 85/I2 85/15 86/13 distinct [1] I40/13 distinction [4] 104/19 105/6 I 0517 I09/21 distinctive (1] 145/14 29/6 34/2 41/3 100/6I40/2 140/4 86/15 86/16 92/3 92/10 9517 96/24 cut-off(1] I45/5 142/4 I43/20 I77/24I78/2I I84/9 97/2 97/24 98/13 I00/20 I02/I distinguish [1] 94/3 D cycle [I] 163/I2 cylinder [11] 50/16 50118 5117 52/8 55/1 55/2 55/6 55/18 55/20 deferred (3] I22/5 I22/5 I22/8 definitely [I] 117/I 102/5 103/4 I06/I5 113/17 113/24 114/6 II4/9 114/13 114/13 114/18 115/I5 II6113 I19/9 120115 DISTRICT [8] 1/6 118 1122 2/6 69/19121120 186/4 186/17 division (4] 27/I5 27116 27/I9 definition [1] 169/9 94/I5 95/3 deleted [1) 153/16 I24/12 124113 I25/23 I26/25 29/22 0 D D.A [1] I66/5 deliberations [5] 162/11 I76/18 183/13 I83/I4 I83/I6 d~J!1~a!l.QI [7] 8~/I9_ 86/5 90/13 129/22 I30/l I30/2 130/25 132/6 134/1 I35/18 I35/2I 136/6 I37/13 q7/I9]38/3 I39/5 139/22 140/I DNA [8) 67/2 68/I 68/16 68/16 68/25 I7 4/9 174/9 I7 4/11 do [I78) 7116 7/18 8/2I I0/17 D.A.'s [2) 7/10 13/10 90/18 9I/5 9I/6 9II7 140/3 142/I? I45/18 I46/4 I46/19 13/24 I4/4 I9/17 I9/19 20/21 dad [1] 73/4 demonstrate [I) 54/24 146/22 I47/4 I47/4 I47/9 I48/I4 20/22 21121 22/15 25/5 26/IO 27/2 daily [I] 177/I denial [2) 85/23 91/li 148115 148/I9 148/20 14911 149/2 27/2 27/21 27/22 28/16 2911 29/3 damaged [I] 35/9 Denise (4) 1122 95/16 I86/4 I50/4 150115 153/15 15411 157/22 31/15 32/19 35/6 35/6 35/11 35112 darl\ [3] 45/1 75/15 75/22 I86/I6 157/24 I57/25 I59/6 I65/17 35115 36/17 38113 39/23 40/8 40/9 0 date (15) 15{3 I6/6 25/14 99/20 Il4124 116112 116114 I20/25 137/14139/6139/18 142119 deny [4) 9I/9 I11124 165/4 180/10 department (5) 27/21 36/19 82/20 171112 172/17 I73/l I74/l174/5 I75124 I76/5 I79/17 I80/12 I8117 182/14 40/20 47119 47/22 50119 50/22 50/23 5I/11 53/12 57/I8 62/18 64/22 68/8 72/5 7217 72/8 74/21 142/24 163119 164/2 96/4 96/11 didn't [56) 11/3 14/18 18/4 53/2 74/23 75/1 75118 75119 77/19 0 Dave (17) 23/1 81/24 83/3 12817 132/11151/7I51112I64/11 depend [I) 104/16 depending [2) 101117 102118 58/II 5911 62/22 62/23 63/24 82/4 85/18 88114 89/10 90/21 95/11 77/23 79/10 79/13 80/12 82/10 82/13 82/21 84111 84/21 85/12 .. W-- ------ Demse C. Phillips, CSR 0 0 State v David Duane Greer 11/14112 165/17 167/8 168/22168/24 169/9 education [1] 178/15 Vol 4 everybody (6] 29/25 35/5 43116 6 D 169/16 169/22 169/22 174/6 effect [5] 14/2 14/12 14113 15/2 58/19 84/20 177/20 fi!Verybody's [1] 88/19 0--- do ... [114] 89/12 94/6 94/25 95/7 95/11 96/9 9619 96/17 96/19 98/10 98/19 98/20 98/23 103/4 105115 174/18 175118 176/2 176/11 17811 15/8 178/2 178/3 178/18 178/25 179112 effectively (2] 142/23 168/9 179119 179122 179/25 180/11 efforts [1] 30/5 everyday [2] 79/19 176/23 everyone [7] 78/7 112/6 145118 106/5106/810711107/11107/17 180112 180114 182/6 182/7 182/9 eight (2] 2116 120115 154/8 165/4 167/22 183/21 0 111/20 111/21 112123 112/24 112/25 113/25 115/5 115/8 115/15 115/19 116121 117/5 118/10 182112 down [16] 31120 37/22 41113 either [13] 8/12 68/25 83/3 121/20134/2 156/20 165/17 41115 54/15 54/18 76/9 95/14 99/7 175/13 176/6 176/6 182/4184/6 everything [14] 24/10 32/4 58/24 61118 89/10 89/11 97/23 9911 117/19 121/11121112 171125 118/10 118/11 12116 121/7 121/11 141115-151120164/4 164/5 173/25 .184/16 172/6 177/12 everywhere [2] 60/12 60/13 0 122/3 125/2 125/5 125/9 125113 177/22 180/7 element [7] 168/21 168/24 169/2 125/20 126/17 129/23 131/15 downstairs [1] 177/5 169/21 169/23 175/17 176/10 evidence (47] 17/22 19/25 25/11 131119 132/17 132/18 134/16 DPS [2] 6711 67/15 elements [4] 163/15 163/15 165/8 25/20 26/7 35/25 36/25 52/15 135110 136/15 136/16 136/20 draw (1] 113/5 169/15 59/12 59/19 67/1 67/5 69/22 69/24 139/8 140/7 140113 140/18 140/19 drawn [2] 2411 33/7 elicited (1] 148/1 70/4 70/7 100/15 103/2 104110 0 140/20 142/6 142/6.143/5 144112 144/14 144124 150/2 152/8 156/10 158/20 159119 160/11 161/5 161/8 dressed (1] 82/22 drew [1] 116/12 drive [2] 63/3 63/13 else [16] 7/14 12/15 14/19 19110 31/13 34/24 52/21 58/19 81/12 81/17 84/7 106/11 124/15 129/7 105/8 105/12 105/18 105/25 106/19 106/23 107/24 108/19 108/19 109/8 110/11 110/24 111/2 161/9161/11 163/17 163/22 driver [5] 32/25 62/1 62/2 62/17 135/19 167/22 142/21 143/4 151/2 151/3 155/7 0 163/23 163/25 164/9 166/2 166/13 166/21 168123 i68/25 169/1 172/10 172/13 172113 173/5 63/11 driver's (3] 61/8 156/6 164/12 driving (19] 18/9 23/8 23/18 emergency (1] 23/15 employed [1] 78/19 empty [3] 55/1 55/1 55/5 156/15 158/22 160/7168/10 168/14168115 168/15 169/14 173/21 186/5 174/19174/25 176/12 176/13 23/20 29/16 31/20 31/23 56114 encourage (1] 181/5 exact [2] 94/11 156/7 176/18 176/19 177/9 177122 72/24 8011 90/20 101/6 101/24 end [11] 26/8 50118 51/7 52/9 exactly [19] 12/14 25/25 46/17 177123 178/8 180/18 180/19 114/24 126123 127/3 128/24 55/17 80117 160/6 166/3 167/2 99/2 116/19 117/20 121/14 121123 180/25 181/5 181/5 182/17 182118 179/15 182/22 180/24 182/18 131/5 133/17 156/3 156/5 159/1 183/5 183/9 185/1 185/2 186/4 dropped (1] 120/17 ended [2] 32/23 32/25 159/17 159119171/19171/24 0 document [2] 36/13 89/4 does [33] 11/18 12/25 21/1121/17 26/3 31/22 31/25 35/2 35/11 35/20 50/9 50/10 59/24 62/14 64113 drugs [1] 177/17 DUANE (1] 118 dubious [1] 162119 due (4] 11/11 70/24 109/15 enforcement [5] 24/6 50/1 59/19 63/7 110/9 engage [1] 36/12 enhancement [1] 21/15 172/9 177/4 examination (21] 26/22 57/10 57112 73113 74/8 78114 87/11 91/21 9311 95/24 97/12 112/17 87/24 89/8 89/15 100/6 115/25 138/12 enough [10] 94/7 110/17 110/24 122/24 137/9144/4 147/14 150/23 0 116/l 121/22 149/10 164/4 165/14 172/25 173/7 173/8 176/4 178/8 182/25 184/9 184/16 duffle (10] 24/23 47/15 49/9 111117160111174/19175/6 114/15 126/7 126/11 128119 155/3 175/20 176/8 176/9 155/19 171/15 ensure [1] 167/14 154/14 156/1 157/9 159115 examine [1] 111122 example (2] 38/19 67/19 doesn't [4] 104/16 140/6 170/23 duly [7] 26121 78113 95/23 112/16 enter [1] 162/10 excellent [1] 185/6 0 172/8 doing [22] 14/23 24/17 28/2 36/2 36/17 38/5 38/6 39/16 44/1 48/15 144/3 154/13 157/8 dun [2] 166/4 166/4 dun-dun [1] 166/4 entered [3] 155/6 158/21 172/6 entire [2] 146/19 170/8 envelope [3] 53/10 53/11 53/22 except [4] 153/11 180/10 181/24 182/3 exclude [1] 68/10 62/1 79/24 80/3 84/24 128/24 during [17] 9/18 10/5 25/16 82/1 equipment [1] 24/24 exclusions [1] 174/11 0 140/20 154123 155/8 158/6 158/14 176122 177111 don't [99] 7/22 8/4 8/6 8122 8/22 82/5 83/2 83111 85/4 93/6 93/8 93/9 136/19 146/18 147/5 147/9 15 5/2 163115 equivocate [1] 125/23 Ernie [1] 41/18 escalated [1] 10/12 excuse [4] 14/11 14/13 48/13 130/25 excused [8] 99/9 99/10 141/17 JOIL11L~Q IJI2l PI~ U/13_11/8. dust[3]69/4_116/U16/1. escalation .[1] J 4/.4_ .141/19 J 56/24 15.71.1 J 59/22 14/10 14/24 17/13 17/13 17119 dusted [2] 70/9 70/11 especially [1] 95/2 159/23 23119 29/14 43/20 55116 56/22 duty [7] 28120 79/22 168/24 essentially (2] 9/22 10/14 execute [6] 18/6 23/5 23/12 28/23 58/12 61/14 62/11 62/19 65/12 168/25 169/2 176/11 177/7 establish [1 J 169/15 75/4 157/19 65/20 65/22 66/14 69/8 69/23 DVD [1] 168/16 established (2] 108/23 142/13 executing (3] 23/25 31121 33/6 69124 71/6 7411 7412 74/17 75/17 0 75/20 76/2 76/23 76/23 78/1 85/5 89/18 91/12 91/12 91/15 91/15 94/11 98/23 101/13 101115 104/20 DWis fll 66/20 E e-mail (1] 152/8 evaluate [1] 180/18 even [29] 14/7 14/18 17/11 46/21 47/4 67/5 68/6 91/8 94/18 101/8 101/23 103/20 105/11 106/9 exercising (1] 179/12 exhibit [56] 6/1 6/4 19/25 20/2 22/2 33/18 34/2 34/4 34/7 34/9 34/13 40/7 40118 40/22 41/5 41/11 104/23 104/24 105/14 105/16 each [16] 4114 92/18 103/5 140/14 106/10 106/17117/3 121/19 42/12 42/20 46/3 4717 48/19 48/24 0 I 08/4 I 08/6 108/11 11119 111/12 111113 117/4 119/21 119/22 121112 122/8 124124 132/11 168/7 168/21 168/23 169114 169115 171/21 175/17 175/19 175122 176/10180123 181119 164/15 167/19 169/2 170113 173/2 174/16 175/9 175/15 175/18 176/8 179/25 49/2 49/6 49112 49/19 49/20 51110 52/23 53/9 53/14 53/24 54/1 54/6 54/lf 54/24 55/2556/18 74/3 139/11J 152117 159/8 159111 EARL [13] 2/10 7117 7/23 9114 Evening [1] 185/16 89/25 90/3 90111 93/23 99114 0 159117 161/7 163/8 167/18 168/20 169/8 170/7 17111 171/2 171/18 171/25 172/7 172/9 173/2 173/6 173/16 173/20 174/5 174/8 174/13 11/1 124/5 129/2 129/21 129/23 152/5 153/5 16116 176/16 Earl's [2] 7/22 141/25 event [1] 173/9 eventually [4] 23/21 42/2 70/9 120/19 earlier (13] 32/7 34/24 41/8 47/14 ever [18] 70/11 72/6 119/7 125/16 99/23 10011 107/8 127/12 128/23 129/22 143/19 143/22 151/4 155/7 155/18 158/22 exhibits (10] 6/3 16/3 16110 16112 D 174117176/5 176/6 178/14 180/20 done (13] 9/7 24/9 50/21 68/17 69/I3 69/I6 69/17 72/8 103/11 I 72/2 172/3 174/2 174110 55/15 56113 57/6 73/19 76116 97/24 14 5/7 I 54/24 15 8/4 early [1] 8/1 133/12135/18 140/9 145118 147/4 162/20 162/2I 170/9170/12 172/9 173/4 173/4 177/12 I80/10 19/15 41/3 48/6 48118 49/5 186/9 existed (1] 19/2 existence [1] 18/23 East [3] 1123 2/6 186/18 every (12] 24/5 55/12 66/23 66/24 exit [1] 55/10 door [3] 44/21 137/5 168120 easy [2] 28/4 46/21 66/24 99/2 168/8 I 68/21 168123 expect [1] 168120 Q doubt [32] 148/25 163/19 165/I5 economy [1] 100/20 174116 177110 181/20 expel [1] 173/5 0----- ~--- -------------------------- .. Demse C. Ph1Ihps, CSR D ] State v David Duane Greer 11/14/12 Vol 4 7 182/21 184/5 foggy [I] 140/18 generalized [2) 11/20 101/12 E felonies [5] 77/7 119/25 120/3 fold [I] 37/22 generally [I) 7612 experience [10) 16/24 28/12 120/4 120/4 fold-down [I) 37/22 gentlemen [IO) 22/8 76/12 86/1 65/24 66/18 68/1 6917 99/1 165125 felony [6] 99/18 120/10 122111 folded [1) 117/18 100/10 151/21 160/6 161/23 !62/3 166/13 178/6 138/12 138/13 170119 folks [6] 54/21 63119 68/10 94/19 183/12184/21 experiences [2) 177/6 177/9 felt (2) 58/14 61/3 96/2 157111 get (63) 19/4 23/15 23/25 24/1 expert [2) 717 2117 female [1) 93/18 follow (I9) 9/25 10/1 10/19 10/23 33/6 36/8 59/12 63/21 67/16 67/20 J experts [I) 21/2 expiration [2) 20/14 186/20 few (5) 119/23 129/17 137/11 139/13 184/23 11120 11/21 27/21 59/24 80/5 88/19 96/25 97/8 98/10 98/18 68/5 68/6 70/6 70/13 77/3 95/4 101115 104/20105/14 105/16 expired.[2)161/14 183/8 Ficke-[9]-5.1/-l-4c5'T/2Z"6112T61722 -98118-104/5 167/20 176/1176/14 11119 111/19 114/6 116/25 117/1 Explain (I) 50/11 bd/1" "Id.~G-=}4f-24='-1-5-5-!~t-57!23" follow-up [2) 27/21 80/5 _ 117/13 118/24 119/12 121/12 J explained [I) 20/11 exploration [1) 107/24 Ficke's .f-3-)-6~f!-4-89-i'l~/l) Fifteen (1) 161/11 following [10) 1/14 10/2 1017 12/1 13/9 14/21 97/10 98/15 114/5 124/2 129/18 131/19 134/16 136/10 138/15 139/24 140/5 140/5 exploratory [1) 106/19 fifth (3) 20/15 76/21 76/22 167120 141/3 141/21 141/25 142/8 144/7 expose [1) 101/14 fight [3) 123/11 169/20 171/10 follows (7] 26/21 78/13 95/23 148/21 152/4 152121 161/16 166/4 expression [1) 150/8 fighting [1) 124/18 112/16144/3 154/13 157/8 166/15 166/24 167/18 169/5 !73/1 extended [2) 37/11 37/23 file [1] 121/16 foot [1) 140/7 173/13 174/1 174/11 174/17 175/9 extended-cab [1) 37/11 filed (4) 16/9 I 00118 121/25 force [2) 27/12 79/12 177/3 181/3 181/12184/25 185/4 exterior [I) 42/7 184/14 forceful [1) 182/12 gets [9) 61/14 72/21 101/13 135/2 J extra [4) 57/1 118119 128/9 171/6 fill [3) 57/21 62/23 72/21 extrinsic [2) 142121 143/3 eve Ill 158/13 filled [2] 61/22 155/8 final [5] 121/21 160/8 160/9 Ford (7] 37/11 84/6 84/8 144122 166/11 166/12 166/14 foregoing [1] 186/5 140/9 162/14 177/22 178/21 182/2 getting [9] 32/20 34/23 37/10 43/16 83/24 115/11 134/10 147/7 160/24 162/12 Foreperson [1) 184/12 178/15 F finality [1) 16411 forgot (3) 7/16 7/18 161/25 girl [1) 38/16 face [1) 79119 finally [9] 81/9 99/9 99110 141/18 form [13) 6/12 36/19 62/22 62123 girlfriend [3) 23/1 179/25 182/23 facilitate [I] 32/20 156/24 157/1 159/22 159/23 72/21 89/25 90/3 153/12 153/22 give [7] 15/22 62/12 87/21 97/20 facing [I) 15I/12 173/22 15 5/8 160/24 163/1 0 184/13 111123 150/5 160/11 fact (24] 5311 53121 5711 66/14 find [29] 14/24 19/2 21/11 24/21 forward (3] 55/8 112/22 145/21 given [1] 168/19 75/21 88/9 9317 93117101/18 25/1 2517 2517 26/9 37/25 40/1 found [38] 36/21 3817 40/2 40/25 giving [1) 21/20 106/4 106/6108/13 109/15 109/17 46/2146/23 47/147/6 49/16 61/18 45/17 45/20 49/18 50/13 52/21 glasses [I] 169/13 118/5 119/11 134/15 137/25 69/8 70/S 105/6 133/11 I40/8 53/14 5417 64/3 65/9 68/21 69/9 glove [I] 37/2 163/10 165/12 !65/20 165/20 153/18 165/12167/14 167/17 74/3 85/4 85/9 93/3 93/18 93/24 God (1] 168/19 166/18 176/23 179/4 182/24 !83/9 184/3 104/4 105/3 !05/5 110/16 133/7 God-given [I) 168/19 facts (6) 106/I3 111/9 111120 finders [3) 163/10 165/12 165/20 133/16 134120 143/12 150/1 goes (8]· 52/23 SS/7 58/S 97/23 165113 167/14 178/23 finding [3] 110/24 158/21 167/12 153/19 154/24 155/3 155/19 105/23 I 08/24 111/5 172/21 fail [2) 169/2 169/16 fine (4) 9/2 17/10 153/17 161/10 156/14 172/11 173/14 175/1 going [125) 7/5 7121 8/3 9/16 10/2 fair (31] 33121 38/21 38125 43/20 fingerprint [2] 21/2 116/1 four [6] 79/9 103/20 143/7 143/8 10/13 10/25 12/3 12/4 14/4 14/17 48/13 5012 51/14 60/6 63/8 64/24 fingerprinted [2) 173/23 173/23 181/18 181/19 15/8 16/216/18 17/4 17/15 18/17 65113 66/21 70/7 71/14 72/2 72/4 fingerprinting [I] 46/9 frame [4] 25/16 55/20 55/22 18/18 18/19 18/2219/8 19/24 74/11 75/18 88/20 98/7 98/12 fingerprints [7] 21/1 46/12 46/20 99/21 23/24 24/3 24/6 24/11 24/20 25/6 98119 98/20 98/24 116117 I 17/23 46/21 47/6 166/2 173122 free [1] 185/3 25/10 25111 25117 25/19 25/23 120/22121117 138/6139/17 141/6 fire [7) 52/5 52/9 66/14 94113 fresh [1] 168/11 25/25 26/2 26/5 2617 26/8 33/13 fairly [3] SS/19 56/3 91/18 94/20 127/18 165/1 friendly (3] 92/17 92/17 131/13 33/17 34/23 35/5 35/13 36/3 36/8 _ ~irnes_s g) __6~/1_1 _1_?61] ___ - - firearm_[10]_9/20__42/l3_66U3_ _front_[21) J2f_7_17/JU7/18 18/13_ 40/6.40117 _41/17__42ll _42/15 43/15 ~. fall [1) 64/13 95/6 164/6 I 6417 167/5 173/3 23/22 25/8 32/24 43/17 50/23 45/10 46/2 47/13 47/14 47/24 48/4 u falls (1] 177/14 familiar (3) 54/21 60/2 94/7 173/4 184/5 SS/17 SS/18 58/23 60/10 64/22 53/9 56/2 5617 71/5 73/23 80/11 80/23 83/17 84/25 85/14 86113 firearms (6] 28/16 28/17 50/1 7117 76/2 76/3 109/8 151/12 familiarity [1) SOil 54/22 72/14 72/17 166/19179/10 89/4 89/18 90/16 91/2 93/12 93/20 far [15] 21116 21/21 SS/7 58/1 fired [2) 94/17 173/S full (5) 37/20 47/16 70/5 70114 I 05/1 S I 06/1 106/2 107/2 110/20 58/17 62/14 65/17 91/4 91/6 104/S firing [I] 55/8 159/6 111/24 113/9 113/20 113/21 115/5 110112 113125 138/4 156/9 161/3 firm (3) 169/8 169/11 175/19 full-sized [1] 37/20 120125 121/6 123/8 123/22 125/4 fast (2) 58110 145/21 first (19] 2017 26/14 26/21 37/15 function [1] 95/3 133/S 134/15 136/10 13717 137111 feasible [1) 62/2 48/4 49/6 73/16 78/13 81/6 95123 functioning (1] 167/15 140/17142/5 143/21144/20 February [31) 12/18 22/24 25/15 96/S 112/16 120/3 125/16 157/8 further [I5] 34/18 48/22 90/6 145121 150/2 150/6 150/25 152/2 27/9 28/19 43/2 69/13 79/21 82/10 162/13 162/2016817 175/25 9017 95113 9916 99/13 110/19 152/12 152/15 15317 154/3 155/6 99121 113/6 113/16 116/13 117/22 first~hand [I] 81/6 141/13 143/24 151/19 156/23 158121 162/3 163/12 166/4 16617 120/9 120125 121/25 123/1 135123 fit[6) 52/3 52!4 5712 65/5 93/18 i5912i IS6/9 1S6/11 - 166124 167/4 169/5 171/25 173/12 137114 139/6 140/11 147/17 173/lS 174/4 174/20 174/25 175/23 179/9 148/16157/16 !63/18 164/lS fits [1) 94/21 G 181/10 181/12 167/9 172/1 173123 181/15 five [4) 20/14 25/17 164/1 167/11 Galveston (7] 120/8 120/14 gone (3) 80/4 171/4 172/16 Federal (2) 72/20 72/21 five-year [I) 167/11 120/16 122/4 122/16 138/12 good [12) 7/3 7/4 26/2 26/24 77/1 feedback [I] 184/25 fixing [1) 153/21 170/19 82/9 96/1 110125 111/2 121/12 feel [I] 167112 flip [2) 82/19 !84/1 garments (I) 117/15 131/13 171/22 feels [I] 25/5 Flipping [1) 155/11 gasping [1) 91/13 got [60) 8/20 917 12/6 12/20 !2/21 felon [14) 9/19 25/12 25121 26/4 flowery (2] 128/9 182/7 gave (2) 86/13 I 64/25 13/15 13/18 13/19 19/21 21/16 117/12 133/21 134/24 163/23 focus (1] 10/4 general [4) 11/22 12/13 15/15 32/11 45/1 4617 10514 105/15 167/10 169119 169/24 174/22 focusing (2] 62/13 68/13 178116 105/24 105/25 107/5 109/17 .. T d--- --- Demse C. Phillips, CSR J 8 J State v David Duane Greer 11/14112 Vol 4 133/24 134/4 134/4 134/6 134/6 90/9 95/23 98/6 112/16 127/5 Hillbilly's [10] 132/14 134/5 G 134/6 134/8 134/20 135/2 135/20 131117 131/20 133/24 134/20 135/25 136/9 137/15 137/22 139/2 got. .. (41] 1!1111113/19 114/6 135/21 135/24;135/25 13611 136/5 144/3 149/13 154/13 157/8 142/15 170/22170122 114/24 121/4 122113 122/13 12317 136/6 136/9 136/11 136/20 137/19 he'd [2] 25/17 129115 him [109] 7/119/231011510/17 123/23 126111 127/4 127/15 137/20 138/1 139/2 139/2 139/24 he's [21] 7/9 9115 10/6 11124 12/5 10/19 10/22 12/3 12/6 1217 14/21 128/11 128/12 128/15 128/15 139/24 140/10 140/13 140122 18/1 29/5 29/6 76/15 89/18 I 02/24 15/9 18/5 2017 21/2 26/2 26/3 29/4 129113 131/17 136/5 137/3 141/20 140/24 142117 142/19 143/10 109/1109/2109/3111116131/11 32/14 43/8 58/23 59112 76/8 76/15 J 141/24145/8 147/8 147110 151/22 146/20 146/20 147/5 14717 147/8 145/3 145/5 174/22 174/25 183/4 79/17 82/6 96/18 96/18 96/25 152113 163/3 167/20 168/10 147/10 147/10 147/16 147/18 head (7] 86/9 122/15 122/21 96/25 97/8 98/17 98/20 98/21 171/10 172/5 173/3 173/17 173/17 .147/20 147/21 147/24.14811 148/2 123/3130/.12 131/12134/12 102/2 102/2 102l14 102/15 102/19 174/2117917 180122 180/+4 148/5 148/20 148/20 148/21 hear [15] 7/24 24/19 24/21 25/10 108/16 108/16 108/22 112/25 182/11 182/21 149/20 150/18 150/19 154/24 25/19 25/23 26/5 75/6 77/3 102/11 11311113/23114/5114/6117/9 gotten (1] 120/16 156/14 156115 164/22 165/10 149/10 150/15 150/16 160/9 117113 118/4 119/12 119/17 grab [3] 114/2 114/9 114112 166/2 166/22 167/9 167/19 170/2 162112 119/18 123/2 124/8 124114 124114 grabbed [12] 114/1 114/2 114/8 170110 170/12 170/13 170115 heard [8] 74/23 150/15 164/17 129/11 130/21 131/3 131/15 114/10 114/10 115110 115/13 170/15 170/16171/12 172/10 165/19 166/20 166/20 166/23 131/20 131/24 13217 132/8 132/11 116/20117114 140/12 140/23 172/14 172/15 172/18 172/23 171/8 132/12 132/13 132/19 13417 134/8 141/1 173/1 17317 173/10 173/22 174/4 hearing [5] 8/3 16/17 17/5 106/25 134/9 134/15 134/17 135/1 135/2 grabbing [1] 166/11 175/4 175/4 179/20 179/20 179/22 121/21 135/9 135/13 135/15 135/25 !36/1 grabs [1] 171/10 181/10 181/11 181/11 181116 hearsay [9] 16/15 16/2018/18 136/4 136/6 136/9 138/16 139/23 gram [1] 120/6 181/22 182/4 182/5 182/5 182122 18/19 19/6 80115 85/24 87/5 140/3 140/10 142/1 143/9 146/4 Granberry [1] 2/11 182/24 103/20 152/5 15817 159/3 159/9 164/14 GRAY [20] 2110 2/11 16/8 17/21 gunpoint [2] 33/1 33/5 heat[3] 114/11 116/23 124/19 165/1 165/3 167121 167/21 174/20 26/10 57113 74/9 87/12 93/2 97/13 guns [1] 72/17 heated [1] 123/9 175/4 179/5 180/8180/16181116 112/7 112/13 112/18 127/11 guy [7] 8/25 96/16 131/11 140/8 heavier [2] 39/21 ~9/24 181117 182/4 183/5 183/10 137/10 147115 156/2 159/16 168/1 142/25 158/6 182/21 heavy [2] 25/6 61/3 his [82] 7/21 8/25 9/22 10/22 1118 168/6 guy's [1] 11/7 heck [2] 149/25 15011 12/1 13/24 14/18 23/1 25/9 25/9 GREER [57] 1/8 8/6 20/9 20/11 !!UVS J4f 43/4 113/21 119/14 121/1 held [2] 1/15 1117 25/21 25/21 25/22 56/14 71/18 22115 23/1 23/4 23/6 28/24 29/1 help [4] 11/19 28/23 153/11 183/5 71/21 72/2 73/9 79/19 86/19 86/20 29/20 31/2 31/9 36/14 38/11 62/20 H helped [1] 172/7 97/9 98/19 99/16 118/3 118/9 67/20 69/10 71/17 72/24 72/25 habitation [2] 13/5 13/13 helping [2] 3311 157/19 127/12 127/15 127/22 129/4 73/7 74/25 75/9 76/17 80118 81/10 hair [1] 65/2 her [71] 24/23 26/6 39/10 47/16 129/11 129/13 130/20 131/4 81/24 83/3 86114 86/16 86/22 87/9 hairs [1] 138/4 71/6 71/14 83/14 83/19 83/19 132/11 135/19135/21 135/24 87/14 88/4 88/9 90/20 92/4 96/17 half[2] 78/23 79/14 83/25 84/5 84/6 84/6 84/7 84/8 136/1 140/9 146/7 146/8 146/10 98/6 98/25 99/1 112/23 119/7 hallway [1] 125114 84/9 85/19 85/21 86/5 86/5 86/9 146/11 148/11 148/12 149/22 128/15145/2157/20 163/22 hammer [3] )5/5 55/7 67/12 90113 90/17 91/3 9114 91/4 91/6 163/6 164/1 164/25 165/3 165/4 164/12 164/18 165/10 166/16 hand [11] 20/9 22/9 25/8 45/13 91/12 92/7 92/15 93/19 93/20 165/6 165/10 174/21 178/24 167/8 167/18 183/4 183/5 184/4 81/6 89/4 162/2 165/10177/18 141/21141121142/1142/15 178/25 179/1 179/2 179/2 179/5 Greer's [10] 23/7 72/1 146/20 185/2 186/13 142/18 142/19143/7 143/13 179/14'179/20 179/21 179/21 147/19 147122 147/23 151/7 handcuffed [1] 59/18 146/22 146/24 146/25 147/2 147/5 179/22 179/22 179/23 179/25 151/12 164/25 181/22 handcuffs [8] 1217 59/9 104112 148/4 148/6 148/14 148/16 149/8 180/1 180/1 180/10 180/25 181/1 Grimes [1) 25/13 113/10 113/14 138/22 170/20 150/8 150/15 150/16 166/20 18111 181/16 182/22 182/22 grounds [I] 11118 174/23 166/21 166/21 166/23 171/2 17115 182/23 183/7 183/7 . g1J.C:~[2_1] ~/4.l21JQ .2.8/§ 5_8/9 - hande_ljJl] _54{~ .... -. 17J/8J71llO_L73/U731l418116 _ hold [3].8/19_167/21J67/2L . 58/17 58/20 59/8 60/16 61/4 61/22 handle [2] 67/12 119/7 181/10 181/13 181/18 182/l holding [3] 45/4 45/6 45/21 64/3 64113 67/4 71/4 72/11 87/14 handled [3] 70/5 88/16 170/9 182/23 182/24 183/1 hole (1] 119/19 90/20 96/21 98/8 115/25 118/22. hands [2] 67/9 140/9 here (42] 8/25 9/14 10/1 10/7 holes [1] 55/2 148/16156/21 173/5 happen [10] 8/14 51/6 63/23 11/21 14/21 25/10 29/2 29/6 36/8 home [2] 123/21 123/22 guilt[5) 11114 11119 77113 167/12 63/24 106/3 113/18 116/14 135/8 41/15 43/13 43/15 44/3 44/6 44/22 honest [1] 25/24 167/17 139/5 166/7 45/5 51/18 54/19 55/23 55/23 honor [7] 9/19 41/12 109/20 guilt/innocence [1] 77/13 happened [20] 8/7 10/11 13/22 63/15 66/2 89/12 I 06/3 107/19 162/19 162/21 183/23 184/8 guilty [8] 7/20 22/17 22/18 26/9 14/5 32/10 32/22 33/22 80/6 82/5 I 09/11 109/25 118/16 127/12 Honorable [1] 1/16 153119176111 183/10 184/4 121/3 137/3 138/18 143/14 145/8 141121 150/25 153/14 162/19 hood [1] 37/2 gun (169] 14/18 25/7 26/6 45/20 163119 163/25 164/2 165/17 182/3 162/23 164110175/12 175/15 hoody [1] 128/12 46/4 46/22 47/2 49/2 50/9 51/5 53/21 54/7 61/4 61/5 63/21 64/20 67/6 68/21 69/25 70/9 70/18 70/19 183/7 happening (1] 140/17 . happens [S] ·35/8 84/17 84/18 178/21 179/7 181/4 185/4 hereby [1] 186/5 herself[l] 171/3 hopefully [2] 152/20 160/11 hqp!ng m ! 62/22 house [2] 117/2 123/12 71/21 71/25 72/2 72/5 72/8 73/7 166/7 176/25 hesitation [1] 125/24 Houston [1] 21/2 73/9 74/3 85/9 85/11 85/15 85/18 happy [1] 98/14 Hey [2] 170/21 174/23 how [48] 11118 19/2 22/15 27/5 86/24 87/8 90/21 94/12 95/9 106/1 hard [5] 42/21 45/5 75/23 124/17 hidden [1] 82/17 2717 28/2 28/6 29/24 35/2 35/3 114/2 114/10 115/15 116/4 116/7 153/18 hide [1] 124/8 36/16 36/17 46/17 54/23 58/10 116/9 119/7 119/10 119/18 123/16 harm [1] 104/10 high [1) 169/10 58/17 75/6 75/6 78/19 78/22 79/1 123/20 124/2 124/24 125/3 125/7 hasn't [1] 111115 higher [1) 169/11 79/8 79113 81/1 82/21 86/7 88/16 126/14 126/24 127/5 129/22 130/2 have [234] highest [1] 169/10 94/6 94/9 I 03/3 I 03/3 I 03/4 I 08/4 130/3 130/16131/2 132/18 132/20 haven't [4] 62/12 109/17 150/9 Hillbilly [9] 132/9 132/12 132/13 111114 111/20 111121 112/25 132121132/21 133/7 133/10 170/4 134/10134/15 136/10 137117 113/2 115/8 127/22 136/4 152/11 133/11 133/12 133/16 133/19 having [17) 7/24 26/21 36/7 78/13 166/24 181/12 161/5 165/16169113 177/1 177/22 r~-- ·--------------------------·----·---- --~-~:``e ``~ilhp_: cs_~---------·- .. - ----------------------------------- 9 J State v David Duane Greer 173/20 186/6 11114112 Vol 4 17/24 24/9 24/10 24/18 25/5 3 5/18 171/6 172/15 173/2 173/4 174/11 H Including [1] 28/16 35/20 36/3 36/12 36115 36117 174/13 175/4 175113 175114 l- how ... [1] 182/1 however [2] 13/4 20/22 huge [1] 140/25 incredibly [2] 152115 152115 incriminating [1] I 06/19 INDEX (5] 3/1 411 511 5/11 6/1 36/20 36/25 37/5 3717 38/5 38/6 39/16 48/15 57115 57/19 57/20 57/22 59/23 61/13 62/1 62/6 6311 175/15175/16177/8 177/20 178/10 178/13 178/23 178/24 179/1 179/5 179/5179/17 179/17 huh [51 18/821/4 21/13 85/22 indicate [4] 98/11 137113 140/1 84/21 84/22 84/24 88/15 88/22 180/25 18111 182/19 182/25 183/6 l 132/6 hurts Ill 70/6 I 148/15 indicated [19] 1112 20/25 2115 59/22 6112 61/12 61/21 64/18 66/IJ69/3-70/23 74110 87113 89/6 8917 89/25 90/3 104/1 104/2 104/3 104/6 104/16 105/2 105/3 105/4 105/13 105/15 105/15 105/19 105/20 105/23 106/2 106/5 18317 item [2] 140/14170/4 items [27] 36/4 36/20 37/13 37/25 38/2 38/22 39/'7 39/13 48/10 60/17 I'd [3] 20/6 54/3 175/25 10112 13911 147/18 149/8 170/25 106/8 106/14 106/18 107/23 60/25 61/13 104/4 105/3 105/5 J I'll [19) 8/12 8/20 911 15/22 51/11 174/10 54/25 57/8 73/12 7417 76/6 7617 indicating [6) 42/22 43/13 44/3 107/23 11113 14119 154/23 155/2 15517 155/9 156/13 158/1 158/6 105/16 105/24 106/3 114/1 114114 114/18 114/22 115/4 115/10 79/21 87/5 93/22 133/6 153/8 45/2 55/9 55/24 158/10172/4173/21 126/21 141110 171/17 155/24 159114 159/20 indications [1) 65116 inventory-type [1] 59/23 its [3) 60/21 I00/5 142/4 I'm [86) 10/1 10/2 1017 10/13 inventorying [31 44/I6 47/18 itself [91 25/4 42/5 70/9 70/18 u ll/21 14/21 16/9 18/18 18/21 indicted [3] 12/21 13/1913/21 indicting [1] 44119 171/18 75115 77/25 95/5 109115 180121 18/22 19/8 25/25 26/8 27/3 27/16 indictment'[Sl 22113 22/14 22/16 investigate [1] 110/19 33/13 33/17 34/22 38/6 40/6 40/17 99/19 184/5 Investigated [1) 84/1 J 41/17 43/12 44/22 45/1 45/6 46/2. individual [15] 8/2 23/1 29/2 investigating (2] 85/16 85/20 jack [1] 24/24 u 46/24 48/4 53/9 56/2 78/20 81/20 99/17102/12 I08/20 108/22 89/4 9417 96/3 96/10 97/23 98/3 investigation [71 27/16 27/19 108/25 109113 110/5 110/5 110/14 27/22 29/22 9317 93/8 93/9 jacket (166] 6/10 25/3 25/4 25/4 25/8 25/9 25/22 39/3 39/I7 39/25 98/11 98/12 108112 I 11/24 118/14 I I 8/1 144/21 144/24 investigations [21 80/5 165/25 40/10 4115 41117 4I/22 41124 42/6 ~ 124/6 124/21 124/21 124/22 125/1 individuals [4] 1817 23/10 28/23 investigative [1] 110/1 4317 4511 45/6 45/2I 46/4 4817 125/4 12517 126/22 136/2 136/8 144/13 investigator [33] 27/3 27/24 56/17 56/21 56/23 56!24 57/I 57/6 13717 140/9 144/20 145/21 147/25 inform (1] 11017 29/12 44/10 75/8 75/13 78/20 7917 60/21 60/25 6113 71125 72/1 73/15 I 49/17 149/25 150/2 I 5017 150/25 informant [191 80110 87118 87/19 80/2 81119 10112 109/14 111113 73/20 82/I 8 83/I 85/10 85/11 ~ 152/2 15317153/17 153/21 155/6 87/22 88/8 91/23 91/24 92/3 131/10 132/17 133/5 I33/I5 134/3 85/13 85/15 85/18 85/20 85/21 157113 157113 158121 159/1 162/3 101113 101115 101117 102/19 135/18 137/2 137112138/5 138/19 86/17 86/24 90119 90/21 9113 9114 162/22 163112 163/13 168/4 168/5 10317 103/11 108/3 108/15 108/20 139/10142114 154/22 157/13 91117 91118114/11 115/5115/6 169/5 171119 171123 176/2 176/13 109110111111 158/1 158/10 158/20 165/3 172/12 11519 118/6 118/18 119/1 119/2 179/9 184/21 information [17] 19/3 21/9 61/8 I72/25 123/16 127/2 127/12 127/13 J I've [16) 9/14 27/9 41118 51110 751775/8 8116 88/3 101/3 101/25 investigators [3] 27/20 141/9 54/5 58116 63/23 65/24 77/6 10715 10817109110111/23119/9147/1 16516 127i22 128/2 128/5 128/6 12817 128/8 128/9 128/11 128/12 128/16 128/22 128/22 129/4 129/11 130/2 122/13 122113 141124 152/13 150/5 153/12165/11 involved [21 29/24 81/23 162/8 162/21 infraction [11 10110 Iraq [2] . 163/2 163/3 130/21 13114 131/23 132/1 132115 idea [41 130116 130/25 136/20 132/18 133/8 133/12 133/16 134/5 J ,,! 152/21 identifiable [21 47/2 10118 initial [6] 1617 18/2 18/3 69112 82/5 108/3 is [457) isn't (5] 104/13 104/13 162/23 initially [4] 14917 150/17172112 166/3 175/3 134/5 13611 137113 137/15 140/13 140/22 140/24 142/14 144/19 identification [5] 33/18 4017 175/22 issue [12] 61115 10017 103/25 145/19 146/5 146/9 146/10 146/15 40/18 48/5 51110 initiated [11 23/8 104/5 104111 142/16 169/18 147/25 147/25 149/8 149/9 149110 u identified [I4] 29/9 31/16 31118 innocence [3] 11/19 77113 163/6 47/12 101/19102/21108/13 innocent [1] 176/4 169/19 I69/25 175/4 179/10 179/10 149/12 149/13 149116 149/20 149/21 149/22 149/22 149/24 I 08/24 10911 109/2 109/3 109/3 . inquisitoriaL[2] __ 163/3_163.!4 _ -·-- issued.[l] ..22/2L _____ .:_ _ _149/25_1 50/Ll50.!6.J 511_7 154/24 ~ --- · 1. 84Ll58.4/17 84/L8 24124 180/10 18111 181/2 I82/8 182111 182/22 jac~ets ltl 43/482/!7 118/9 impact [2] 55/9 55/22 in~erior [4] 42/8 60/4 60116 76/4 9511 95117 95/17 9617 98/19 118/12 118/13 171/1 impeach [3] 7717 142/22 14311 interrogation [1] 1i/11 101/14 103/3 104115 105/17 jail [29] 9/21 10/6 12/3 12/5 12/15 J important (2] 176/20 176/21 in-car [I) 144/11 interview [3] 88/1 93/20 182/3 105/22 105123 106/24 106/25 13/12 13/18 13/1914/16 15/23 24/3 35/6 96/14 96/22 97/4 97/9 interviewing [2) 93/11 93/13 107/24 111/17 115/18 120/22 in-depth [I) 27/22 intoxicated [2] 63111 63/11 124/17 126/2 128/14 133/14 134/6 120/20 122/1 122116 136117 137/3 ~ inadmissible Ill 14/12 introduce [6] 9/18 10/5 26/25 134/6 134/8 142/13 144/1 145/2 139/6 139/15 139121 142/20 incarcerated [21 12118 15/9 78/16 96/1 157111 147/23 148111 149121 149/22 148/15 148/16.167/20 17311 incident [4) 12/24 15/23 104/8 introducing [I] 17/13 149/22 150/14 151/2151/3 152/25 jailer [1] '10112 104/20 inventoried [1] 59/6 153/15 163/21 164/3 164/15 165/4 January [1) 79/4 ] include [2] 36/22 77/9 included [4) 143/23 156/20 inventories [1) 105/5 inventory [73) 6/12 6113 16/8 165/8 166/6 166/11 167/2 168/14 168/14 169110 169/10 169/11 Jason [4] 5/21 157/3 15717 157113 jeans [16] 4917 49/13 49115 49/19 .. ~ Demse C. Philltps, CSR ----- -------·- ------------------------- -----·---------·----~--------·--·------- ------··- ----------------------------- --,-----~--~------------·-- ] 0 J State v David Duane Greer 49/1 54/3 54/5 54/22 55/19 60/10 62/11 65/1 70/6 71/17 73115 75/6 11/14112 Vol 4 173/5 173/6173/16 174/8 174/12 174/13 174/13 174/20 175/8 137112 138/5 138119 13911 139110 142/9 142/12 142/14 142/18 143/9 10 0 jeans ... [I2] 50/4 51/16 51/23 82/17 84/14 86/8 90117 92/17 52114 52/20 64/4 65/9 93/4 93118 92/18 92/20 94/4 98/9 98/13 10017 93/23 10517 173/14 101/11 102123 103/2 103/15 104/6 175/10 175111 175111 176/6 17617 177/15 177123 178/6 178/20 178/21 179113 179/17 179/19 144/2 144/6 165/3 166/21 172113 172/25 181/6 181/15 181115 181121 jigsaw [3] 180/20 182/16 182/17 104119 105/25 107/22 108/10 179/21 179/23 179/24 180/11 LEE (I] 2/5 D job [6] 175114 175/16 175117 108/10 112/22 114/8 114111 180112 180113 182/6 182/8 182/10 left [IO] 46/10 96/17 105/1 114/3 176/22 182/15 182116 114/17115113115/19116/24 182112 117/3 117/5145118161116161117 Jones[I]2111 116/25 116/25 117/15 117120 knowing (I] 117/9 181123 judge [125] 1117 7/4 7/5 7/16 7/25 121/6 12117 124/5 124/14.130/10 knowingly [3] 164/5 170/2 17012 legal [2] 118/23 171/4 knowledge [I4] 60/15 74/18 legally [I] 110/8 0 8115 8/16 9/4 9/10 10/25 11/17 136/24 137111 137/23 140/6 14111 12/17 13/3 13/6 14/1 14/8 14/10 14115 144/8 144/20 148/1 149113 74/21 74/24 84/4 88/9 89/21 89/22 length [2] 56/4 94/24 14124 15/6 15/19 15/20 15/24 16/2 149/18 149/21 150114 151/11 117/25 149/19 150/5 156/11 lengthy [I] 168/9 16/14 16/2217/3 17/21 18/17 152/8 153/17158/1415917 159/18 178/18 179/18 less [5] 120/5 12417 152/16 19/16 19/19 20/6 21/24 22/22 165/2 165115 170/4 174/22175/6 known [IO] 67/16 101124 102114 170113 170/17 D 26/19 29/8 33/15 34/1 34/9 34/12 175/9 176/1 177/19177125 182/17 34/20 40/4 41/2 41/8 42/15 42/18 ·ustice ril 167/15 45125 48/2 53/25 57/9 57/11 62/9 108/20 108/21 108/24 109/13 109/15 11017 11 0/8 knows (4) 108/21 129/4 129/4 let [23) 22/9 38/4 46/3 46115 46/24 49/24 63/12 77/23 80/21 84/17 8717101/16113/5115/4 73112 7617 7811 78/9 80115 85/24 K 12917 120/18 121/6 121/9 123/19 127/3 0 86/25 87/10 89/2 89/24 90/5 90/7 keep [6] 23/20 53/2 72/16 118/4 92/21 95/13 99/6 99112 I 0017 100/14 100117 100122 101121 118/13 119118 keeping (1) 158/13 L L-A-K-E-S-H [I) 1119 132/8 139/9 152/5 184/21 let's [22) 37/15 57/20 76111 90117 100/10 114/8 120/3 142/8 15211 102/23 I 03/21 103/24 103/25 keeps(!) 17111 L-A-K-E-T-H (1] 9617 154/5 160110 161/21 163/17 0 104/18 105/24 106/12 106116 106/24 107119 107121 108/18 111/6 112/3112/8 112/14 115/2 Kenneth (I] 72/25 kept [2) 52/23 80/6 key [1) 67/11 121/20 127/8 13717 141113 141/16 kidnapped [3) 116/10 140/5 L-E-D-E-S-M-A (1] 78/18 lab [4) 67/1 67/15 68/2 68/2 lack [I) 27/24 ladies [10) 22/8 76/11 86/1 100/10 163/20165/22170/6 176118 177/24178/1 178/2 178/3 183119 level [I) 28/3 levels [1) 169/4 151/21 160/6 161123 162/3 183/11 0 141/21142/3 142/6142/11 143/18 173/9 liability (2) 61/15 172/5 144/7147113 151/18 152/13 kidnapping [4] 116/13 131110 184/20 liability-type [I] 61/15 152/19 153/1 153/10 153/22 139/11 148/25 Lakesh [2) 1118 95/17 license [3] 6118 I 0217 I 02/9 153/25 154/20 156/23 157/6 kind (41) 10/12 1917 23/22 25/1 Laketh [5] 5/17 95/16 95/17 lie [16) 13113 138/3 176/19 178/8 158/18 160/16 160119 161/3 25/5 30/4 30/19 30/21 32/4 32/8 95/22 96/6 178/9 178/12 178/13 178117 0 161/10 161113 161/15 161116 32/19 33/2 34/23 37/11 37/16 land [I) 169/10 161/19163/4163/9 167114 16812 37/25 38/1 42/214317 43/22 44/23 Langley [1] 8/16 177/9 46/8 49/1 54122 54/24 62/13 66110 large [11) 25/2 37/12 39/2 57/1 178/20 180/5 180/6 180/8 180/9 180/17 182/13 182/14 lied [7) 179/23 180/12 180/14 judges [4) 163/11 165/20 165/21 68/16 68/25 69/23 77/8 82/12 86/8 70124 70/25 91118 108/8 118/19 180/14 180/14 181/l 182/22 0 166/25 judging [I) 177/11 Judgment [IJ 20/23 9517 112/22 114115 130110 138/16 170/25 17116 158/13 159110 178/23 kinds (1] 38/2 larger [2) 118/12 170/25 last [7] 11/7 69117 70/10 72/12 lies [1) 180/16 life [4] 46/17 177/6 177110 178/6 lift [1] 46/11 judicial [2) 1/8 100119 knew [I6) 23/10 23114 93/17 86/1 116/2 162/14 lifted [I] 61/3 0 jump [I) 37/22 jumpsuit [I) 1217 junction [I] 100/21 117/12 130/25 13117132/20 149/11 172/22 172/23 183/3 late [I) 15/4 132/21 134123 135/1 135/4 136/4 latent [2] 69/9 70/5 later [I2] 1114 20/1 34/15 511I1 lights [5] 23116 23/20 32/12 14417 164/13 like [72) 10/10 12/20 20/6 2116 jurors [1) 176114 ·- ~'!i~I~U~!l§?L~ _ _ _ _ J36illJ42/1'U4JL1_'! 1351n --- _23/~_24/5 24/22 24/24..27119..29115. 0 - ju,.Y[79]17lTI278 157f816Jf 16/116/11 16/15 16118 17/18 know [I48) 11/21 12/4 12/13 14/3 146/23 150/18 172/25 182/3 14118 15/11 15/12 17/13 18/1 Jaw [13) 24/5 49/25 59/19 6317 18/13 19/14 21111 22/3 22/6 22/10 18/17 21/20 29/1 37/9 42/21 43/21 100118 103/22 104/14 108/23 25116 26/25 27/17 35/3 37/8 49/3 45/4 53/10 57118 58/12 59/22 60/5 109119 110/9110/14 162/4 177/19 29/15 31/23 32/13 35/21 35/24 36112 3711 37/3 37/9 37117 37/20 39/1145/8 46/22 47115 47/18 49/1 50123 51/5 54/4 59/13 61/8 66/9 50112 50120 50/24 56/13 64/23 61/2 61/21 6312 63/6 64/2 64/8 laying [2] 3917 39/12 66111 71/13 7317 73/19 74/23 76/8 0 76113 78/3 78/6 78116 87/1 96/2 97/19 99/19 100/8 100/9 100112 6617 66/13 66/14 66117 67/5 68/13 laymen's [I) 54/23 70/23 7116 72/5 7217 72/8 75/18 109/9112/1112/5123/13123/15 75119 76/18 81/1 82/19 91115 lead [2) 32/11 119/9 learned [I] 17817 82/11 82/17 82/17 84/14 85/23 89/13 91113 98112101117114115 115/12 116/23 119111 124/18 12411 124/23130115 130/19 91115 92/10 94/6 94/8 94/11 96/18 least [IO] 29/23 29/25 65/18 67114 126116 126/17 126/24 130/9 141/1 0 134/23 135/22 151125 153/24 98/3 102114 102/24 102/25 103/1 67/20 70/14 75/24 93/19 117/25 15417 154/24157112 158/4 160/12 103/5 10317 103/18 104/14 104/19 150113 160/25 161/22 162119 162/20 107122 10817 108/11 109/9 111112 leather [7] 6/10 25/3 39/3 146/5 145/5 149/25 159/5 162/22 162/23 165115 171/5 174/22 177/5 177/9 177115 182/17 184/22 184/25 162/21 163/916717 167113 168/9 1 III13 111120 111121 112/23 146/9 164121 164/23 liked [I] 111/5 0 175/23 177/517717 183/12 183/14 112125117/4119/11122/3123/16 leave [S) 2417 117/2 168/20 183/15 183/16 183/20 183/22 129/3 129/22 130/1 134/1 134/5 184/3 18417 184/16 184123 185/6 138111 138/13 140111 144/24 176/20 185/3 led [2] 1617 56124 likely [3] 65/5 67/8 16917 limit [3) 14/1 14/6 3711 limited [I] 1417 185112 149/24 150/9 150113 150/18 Ledesma [53] 5/14 5/16 44/10 limiting [I] 1412 jury's [2) 11/3 43/21 156113 159/17 159119 163/21 44/11 71/5 73/23 74/1 74/4 75/8 line [I] 95/4 D- just (106] 7/6 9/1 1116 12/9 14/23 163/22 163/25 164/2 164/6 164119 75/13 78/9 78/12 78/17 10112 15/6 15111 15/11 15/15 18113 164/22 164/23 165/2 165/16 168/8 101/22 108/21 108/21 109/14 link (2] 68/9 87/24 linking [I] 10113 18114 18114 19/1 19/1 21/19 2417 169/10 169118 170/2 17111 17112 111/13 127/21 131/6 13117 132/14 Lisa [I] 8/11 31/5 32/4 35/4 36/3 37/23 38/2 171/2 17116 171118 171/22 171/25 132117 133/5 133/15 134/3 135/19 list [8] 29/22 36/4 61/13 61118 O 3917 4217 43/22 43/24 44/23 46/4 172/8 172/9 172/9 172/10 172/14 135/21 135/24 136/5 136/25 137/3 104/4 105/4 156/13 156/15 .. D- - - - ---- --- -- --~---- -------- -- ----- ~---- Demse C. Phillips, CSR - - - - - - - - - - - - - - - - - - - - - - - - - ------ ------ - - - - - - - - - - - · - ----- - ----- -- -- -- -- 0 0 L M State v David Duane Greer 11114112 Vol 4 members [2] 26/25 29/21 morning (6] 7/3 7/4 26/24 96/1 11 memories (1] 168117 154/17 185/14 0-- listed (3] 36/21 99/18 156/15 listen (4] 181/6 18119 181/14 183/1 M-C-K-1-N-N-E-Y (1] 1119 machine (1] 1/19 mad (7] 113/23 114/12 115/12 memory (3] 30/1 140/14 140/15 men's (2] 25/2 70/25 mentioned (3] 60/5 71116 92/6 most (3] 38/14 94/16 171/22 mostly (1] 83/5 mother (2] 129/13 164/25 listing (2] 87/24 104/2 116/25 119112 140/16 14112 mere [1] 98/9 motion (11] 16/9 16/21 18115 0 literally (4] 24/10 45/19 158/7 165/23 little (31] 23/20 38/16 39/21 46/23 50117 55/8 55/19 57/2158112 made [9] 32/2 34/24 36/11 91/14 merely [1] 108/14 123/25 124/2 145/11 155/11 181/20 magical [1] . 176/24 message (1] 167/18 met (2] 163/1 170/4 meta1[1] 37/18 19/13 34/19 100118 100121 111/24 121/16121117121125 motive [3] I06/6 106/10 I 06/11 mouth (l] 99/2 0 61/11 65/6 70/17 74/11 90/12 magistrate [2] 103/19 I 03/21 methamphetamine (2] 25/13 move [2] 163/20 166/6 90/17108/12114/8116/11118/17 mail (1] 152/8 99/18 movement (1] 33/22 121/8 133/1 14116 144/20 145/21 Main [1] 2/11 middle [1] 35/4 moving [1] 17/22 161/24164/13 165/10 168/5 179/9 majority (1] 127/2 midst (1] 19/21 Mr (56] 8/5 16/8 20/9 22/15 22/23 · 180123 182117 . make (23] 21117 21119 21/21 might [6] 11/2 12/5 88/4 91114 23/4 23/6 23/7 26/10 26/23 3119 0 live [3] 115/18 !40/6 1'73114 Lived [1] 135/15 lives (2] 177/1 178/7 24/10 26/10 30/21 35/3 35/8 41118 91114 106/9 50/20 59/17 6311 87/2 I 04/19 115/17 121122 127/11 136/2 mind [14] 50/19 98/19 119/20 130/20 130/20 130121 135/6 36/14 57/13 62/20 72/24 73/14 74/9 74/25 75/9 76/17 78/15 86/14 86/16 86/22 87/12 87/14 88/4 88/9 living [7] 27/2 96/9 118/25 119/15 149/23 161/25 162/15 170/23 140/18 16117 163/19 167/6 168/11 91122 93/2 95/25 96117 97/13 98/6 D 119/18 123/1 12312 loaded [5] 41119 41120 53/14 53117 55/25 177/2 makes [1] 63/7 making [5] 36/3 80/7 109/16 169123 176/10 mine (3] 114/21 115/24 182/25 minute [16] 911 49/24 73/22 98/25 99/1 112/13 112118122/25 127/11 128/15 137/10 144/5 147/15 150/24154/10 154/15 loading (1] 64/23 110/8 174115 76/11 100/10 123/15 124/5 127/10 156/2 157110 159/16 162/9 162/16 0 locate [2) 30/5 81/9 located [7) 18/9 23/6 30/15 30/17 60/17 61/5 8!118 location [6] 35/10 60/21 92/4 male [1) 108/8 malfunction (1) 95/5 man [2] 176/4 179112 man's [1] 99/2 129/3 129/21 129/24 133/6 134/23 160/10 176116 179/7 minutes [8) 9/5 43/22 152/16 161/4 167/25 181123 184115 162/17168/1 168/6 176/15 Mr. [6] 17/21 20/11 34/22 38/11 90/20 112/7 Mr. Gray (2] 17/21 112/7 0 118/24 156/4 156/8 management [2) 170/3 179/13 184123 Mr. Greer [3) 20/11 38/11 90/20 locations (2] 32/3 80/4 many (8] 28/6 29/24 29/25 I 03/3 Miranda [1] 83/14 Mr. Young [1) 34/22 locked [I] 115116 103/3 103/4 108/4 152111 .miscellaneous [1] 105/6 Ms (32) 23/4 23/6 24/2 29/20 30/6 lone (1) 179/10 March [2] 12/19 173/24 misdemeanors [4] 77/9 120/1 30/20.31/9 31/16 33/10 38/11 Marine (2] 162/24 162/25 120/2 122/11' 38/12 38/18 38/23 39/10 43/17 0 long [52) 13/23 27/5 27/7 28/2 35122 49/23 50/13 50/16 50/17 marked [16) 19/24 23/17 23/17 misfire (1] 95/5 44/5 44/9 47/15 47/24 52/20 56/25 51/4 51/5 52/11 55/15 55/16 56/2 29/16 30/2 31123 32/7 33/18 40/7 missing [2] 24/14 63/2 57/3 57/6 75/9 82/21 83/7 83/11 64/10 64/10 64/14 64/19 65/5 40/17 48/5 51/10 58/II 93/22 mixed [1] 39110 83/14 83/18 83/21 85/16 86/22 65/19 65/25 78/22 79/1 79/8 79/13 107/9 151/1 mom (2] 127115 180/2 Ms. (1] 38/16 0 94/3 94/4 94/5 94/8 94/9 94/10 94110 94113 94/17 94/21 104/9 I 05/9 105/9 I 08/24 113/2 129/15 markings [3) 65/16 82/18 173118 moment [7] 45/20 114/12 116/24 match [3) 68/3 68/5 68/6 matched [1] 69/10 124/19 135/4 136/4 183/3 momentarily [1) 15/20 Ms. Campbell [I) 38116 much [14) 9/6 12/11 65/2 72/16 94/9 116/3 117/8 124/7 139/14 134/16 141120 150/14 156/19 matches (1] 174/11 moments (1] 82/5 156/19 158/15 185/5 185/7 185/11 0 15611916115 166/24 173/15 173/16 181/12 longer (2) 122/9 185/9 matching [1) 102/6 matter (4] 9/11 67/23 100/13 185/6 money [1] 103/5 Monishia [57) 5/13 16/5 2311 23/18 24/21 25/24 26/3 26/4 26/5 murder (1) 66/20 · must [2) 111/7169/16 my (59) 10/4 14/17 16/8 16/24 0- 1Qng!i..nL9~lO_~-~ __ -~ _.. ~ . ~ look (22] 8121 41/4 44/24 54/4 66/8 85/3 86/8 91/11 97/20 112/22 !JlaUers[!] J51/ll~ _ . ~ ______ .. 28/24 A9/1.0 5.1/23_52/1152/18. ~ may (42] 7/9 33/14 40/3 40/5 41112 41/14 45/24 48/1 54/15 53/4 63/15 67/20 7111 71/7 73/15 73/23 74/5 80118 81115 81/24 83/3 .21/1 27/J 30/1.65/24_73/7 18/17 ... 89/21 96/17 10113 101/14102/25 104/9107/4108/7111114114/2 115/25 11611 140/4 152/5 169/14 54/21 58118 62/9 63/10 63/12 83/6 85/1 85/3 90/24 92/6 93/13 115/9116/16118/22119/21 178/20 180119 180121 180/24 67/24 7115 74/22 74/22 75/22 8911 101/4110/6112/8112/15112/21 120114 12116 125/5 126/21 126/22 18211 182116182/19 92/2194/20 95/3 98/8102/14 0 144/16 146/19 151/6 155/20 12711 127/2 127/2 130/5 130/5 looked [7) 32/13 37/9 62/12 71/13 106/6 106/11 106/18 115/2 118/16 157/20164/17 164/23 166/15 131/10133/19134/4 134/4 134/4 101/23 118/15 141/9 121/19 121125 12717 144/7 154/19 170/12174/7 174/22 175/8 176/3 134/6 134/6 134/8 136/1 138/11 looking (13] 23/3 23/14 31/17 158/17 168/2 172/4173/13 173/24 179/1 179/25 180/14 180/16 181/3 138/12 140118 140119 140119 35/25 37/10 44/4 80/13 80/16 175/9 186/13 181/3 181/7 140/25 149/21 150/17 165/5 170/9 0 80/19 94/4 115/19 150/8 153/6 looks [4] 45/8 89/13 101/17 145/5 lose (2] 176/21 176/23 maybe (11) 13/9 15/14 46/23 Monishia's (5) 90/13 142112 94/25 138/4 152/21 173/11 175/8 174/12 174/16 180/7 175/9 175/9 182/2 month (2] 12/2~ 69/13 171/4 172115 175/3 175/14 175/16 186/13 1Jiyself(9) 8/13 58/3 8()/2 81/19 lot [21] 8/6 24118 28110 28/12 McKinney [5] 5117 1119 95/16 months [6] 13/20 96/21 120115 89111 99/16107/3 118/14 144/16 ~ 35122 37113 38/3 43/4 43/21 60/9 63/7 65/24124/17136/10 139/16 140117 148/24 163/1 163/1 163/2 95/22 96/3 mean (26] 8/20 12/5 15/13 19/1 31/23 35/20 35/21 56/3 98/24 129/17 129/18 139/22 Montoya (1] 162/9 moral (3] 77/8 119/25 122/12 N name (9] 11/7 11/8 27/1 78/17 163/14 I 02/24 103/4 I 06/17 106/25 moral-turpitude-type [1] 122/12 87/21 96/5 101/8 112/19 132/11 0 loud [1] 17116 loved (2) 63/19 135/13 low [1] 110/22 LP (1) 108110 108/10114/11 118/10129/10 140/25 143/2149/11 170/18 means [3) 27117 99/3 163/4 more [21] 7/23 27/22 38/3 44/22 130/2 137/25 138/3 140115 140/15 70/4 70/5 86/8 105/8 I 08112 110/23 118/22 124/6 133/1 150/8 152/11 152/14 15411 154/3 163/8 named (2] 28/24 136/15 Narcotics [2] 27/12 79/11 nature (5] 58/10 59/2 63/20 65/17 95/8 I 0 lunch (2) 142/7 152/3 lying (3) 178/13 180/3 181/25 meant (1] 86/4 measure [1) 94111 169/6 181/7 Moreover (2] 109/19 110/13 neatly [1] 117/18 necessarily (1] 98/24 fl . ' Demse C. Philhps, CSR -bl~-----··-- ------~---~-~----------~--------------------. ------- ----- -~---- ---- --------------~·----~ - - ------·--- -- n ....... 0 State v David Duane Greer 185/11 11114112 Vol 4 110/19126/20157/18164/10 12 46/4 48/14 49/9 50/17 5117 51/15 1-N------------lnowhere (I) 105/5 · 165/23 170/14 170/18 171/17 52/10 53/20 55/16 55/18 56/19 0-, need [I8) 7/6 8/21 17/1 54/24 84/16 84/19103/1 107/10 11118 number [9) 2115 23/2 23/16 36/22 171121 171/22 10119 102/8 102/9 141/20 141/23 officers' [I) 171120 116/9119/23141/21141/23160/8 numbered 121 1/1618617 official (5] 1/22I62/9186/4 57/21 61/23 62/23 72/21 78/3 78/5 80/4 82/19 99/2 106/1 108/15 110/17112/1112/4117/1117/5 173/25174/1174/2180/17 186/13186/17 118/1118/23118/25119/19 0 0 needed [8) 9/2510/23 87/25 96/25 97/8 113/23 121/5 142/19 o'clock [I] 185/13 neither [I] 8/13 never [12) 13/17 66/10 73/.6 oath [6) 76/15 112/12 154/10 175/22176113 176114 often [I) 20/22 oh (9) 73/22 98/11 129/2 147/25 11911912017121/19123/11 125/14 126/17 126/:24 127/5 149/25 150/1 172/15 180/9 182/2 128/23 133/11 135/18 135/19 okay~[285] ~ 141/3.143/12153/24.154/6155/8 108/13147/18 147121 148/2 object [7] 11/17 16/15 18/191917 once (IO) 31115 31118 34/23 34/23 158/14 159/6 160/25 161/21 162/2 0 170112170115 170/16173/6 177119 new[I] 55113 142/13142/21 161/9 objection [30) 8/15 11/2 15/16 54/25 84/17 84/18 85/11 143/12 177/2 15/2219/920/434/5 34/1034/19 one[63) 9/1710/241111816/18 163110164/12164/14164116 170/1917114 178/2 178/14 182/24 183/6183117183/19185/4 next (9) 43/21 78/8 95/15 99/11 48/21 48/22 54/9 54/10 80115 18/10 20/18 20/21 21/1 24/20 25/1 outlined [I] 99/21 0 114/5 134/9142/2 16617 180/22 NFL [1) 162/22 nice [3) I31/11 173118 184/24 85/24 85/25 86/25 90/5 9016 9017 28/8 28/9 30/1 30/6 32/23 38/4 outside [4) 16/17 19113 100/8 100/2 10711 107/13 129/6 143/24 38/6 39/2 39/2I 5115 51122 55/24 I66/I3 143/25 156/25 160/20 I60/21 56/2 63/3 63/19 72/21 89/19 92/I6 outstanding (5) 75/11 80/20 no (225) 160/23 99/17 10017 102112 103/22 106/I4 80/24 81/1 83/9 0 No. [4) 1/3 33/19 42/13 74/4 No. IO (1) 74/4 No.ll (1) 42/13 objections [3) 8/23 4117 9011 objections to [I) 90/1 107/5 107/9115/5 115/10 117/15 outweigh [2) 14/13 14/14 119/3 119/4 122/17 143/6 148/8 . objective [4) 178/12 178119180/4 I55/12 155/12 156/18 156/20 outweighed [I) 15/1 outweighs (I] 12/11 No. I2-03324-CRF-272 [I) 1/3 180/15 157/18 160/8 168/8 169/2 169115 over [38] 9/21 29/6 29/15 31/21 0 No.3 [I) 33/19 nobody (1) 34/24 nobody's [I] 104/25 observe [I] 145/18 observed [1) 141/8 obviously [8) 28110 55/5 76/2 169/16 171/21 175/13 176/19 176/20179/16 179/17 179/17 180/20 180/22 183/2 32/14 32/16 32/24 3617 43/13 46/8 58/2 71/10 74/25 75/6 85/3 102/2 102119 108/17 109/19 111/8 11317 Nods (5] 122/15 123/3 130/12 76/3 9411 102/13 129/3 137/2 one-page (1] 72/21 11417 114/24 117121 120/15 12111 131112 134/12 occasion (4) 10/16 28/22 29/18 ones (1) 38/6 - 126/12 127/4 152/2 155/11 160/8 0 Noise [I) 17/14 none [3) 98/15 165/18 178/24 nonsensical (1] 177/20 96/24 ongoing (1) 98/21 161123 166/6 171/9 178/23 179/13 occupants [4) 59/17 75/23 75/23 only [2I] 12/23 16/3 16/11 I6/13 184/1 184/11 75/24 18/IO I9/13 50/I4 68/9 77/I2 over-sized (1]. 7I/IO Noon [I] 153/3 occur [1) 27/22 93/18 10112I I07/4 I08/5 I09/I2 overrule [1) 19/8 0 normally [2) 29/I4 I25/9 Nos [4) 41/5 41111 48/19 48/24 nose [1] 55/21 occurred [2] I3/I6 I8617 occurring (1) 20/13 110/4 110/22 I39/13 I64/20 165/16 179/20 179/Z.2 off(14) 8/12 9/9 46112 55/10 67/1 open [6) 44/21 54/3 75/19 81/6 overruled (3) 15/17 129/9 143/17 oversized [2). 91/18 118/18 own [3) 24/15 106/20 147/2 .. not [253) 67/I5 68/2 68/25 72/10 72/22 117/6 18617 owned [4) 85/16 85/20 86/16 0 / .- noted [2) 22/19 29/10 103121 140/8 140/8 145/5 nothing [12) 35/8 63/2 95/13 99/6 Off-the-record [I) 9/9 133/24 149/12 149/14 149/19 offense [19) 12/25 13/16 14116 opened (1) 44/24 opening (3) 22/20 22/23 26/11 operating [1) 36/23 170/23 owner [3) 62/2 72/6 86/23 ownership (5] 137/19 138/4 156123 159121 16517 172/23 15114 16/6 20/13 25/14 66/24 opportunities [1] 63118 142/17146/5 172113 0 notice [5) 39/19 41/24 43/4 44/6 4617 noticed [1) 39/23 69/13 99/20 99/22 100/24 100/24 opportunity [4) 4114 60/14 62/13 owning [1] 147/5 120/10 120/23 139118 153/19 163/25 17113 160/18 opposed (2) 28/3 56/25 owns iii 2317 . p __ N~v~_m~_!:_l~]_ 1Q:!_3/~ 41]._JlJ. 61?__ !!_ffens!~HL 1~]0 2712J _________ !!P!!!!.l_!_Ul MtZ._ __ -~ __ 0 7/2 19/17 19/20 22/12 22/20 25/23 offer [I2] 16/2 34/1 41/2 48117 now [118] 10/3 11/3'13/1216/20 53/24 89/25 90/199/13106/25 107/3 107114 143/22 orange [I) 1217 order[3) 14/11177/16184/14 original (I) 72/6 29/11 30/4 33/13 35/5 36/24 38/4 offered [11) 6/4 16/13 20/3 34/4 originally (2) 12/18 13/15 p.m [I] 79/25 packed [I] 117/18 packet (I] 20/24 packing [3) 12317 123113 124/1 40/17 41/17 41/24 43/1144/3 44/6 41/6 48/20 54/2 90/4 99/24 143/19 other (40) I0/1II2/16I5/9I8/20 page [6] 3/3 4/3 5/3 72/2I 153/14 0 44/15 44/15 45/13 45/23 46/3 4617 186/10 47/13 48/25 49/15 49/24 50/4 5119 offering (4) 16/10 17/20 18/12 52113 53/9 53/21 55115 56/2 56/13 19/25 2I/16 24/5 24/25 32/23 34/19 36/12 39/22 4117 46/11 53/21 184/1 paid (2] 186112 186112 60/24 60/25 6117 67/23 74/22 80/5 paid/will (1) 186/12 56117 57/25 58/8 59/5 59/22 61/2 office [22) 7/10 13/10 18/6 23/3 80/5 92/4 92/18 10617 110/5 pair [6) 4917 49113 49/15 51/16 0 61/11 61/21 62/25 64/8 65/1 6617 23/21 24/5 27/4 27/14 32/19 35/11 115/25 119/23 120/16 139/17 66117 66/23 68/16 68/19 68/24 51119 59/24 69119 78/21 78/22 69112 69/21 70/9 70/23 72/24 7411 79/6.80/1 8017 88/19 105/11 64/4 93/4 140/25 147/1 148/9 151122 159/6 pants [2) 43/1 145/6 159110 164/20 169/1 182/3 185/2 paragraphs [I) 21/15 74110 81/16 81/23 82/10 83/2 8317 157/14 157/16 186/6 ·parents [:i] 63/20 179/1 83/17 84/4 84/I6 85/2 85/14 86/12 officer [28] 9/23 9/24 10115 16/16 others (I) 38/25 parole (5) 11124 12/1 I2/25 20/20 LJ 87113 90/16 97/10 98/5 109/1 113/16116116116/20117/25 18119 19/2 20/20 28/5 6112161/25 otherwise (3) 2617 105/24 178/12 20/21 74/1474/1578/24791196/396/10 our[8) 9/I810/517/482/I690/8 part[4] 46/996/22104/15169/24 118/5 118/25 121/19 122/20 96112 102/12 102/14 I03/2 136115 100117 177/1 178110 partial [3) 46/23 68/6 70/14 0 123115 123/20 124/5 126/2 128/1 144/12 151115 173/3 173/15 129/21 134/313717 137/25 139/1 174/10 174/23 17511 141/4142/6143/21144/13144118 officer's [2) 69/24173111 145/4 145/21 14917 15116 152/11 officers [24) 18/20 23/25 24/9 ourselves [I] 66/5 participate (3) 28/22 37/5 88/15 out (94] 12/20 12/2013/18 15/18 participated [I] 3717 18/518/619/22111122/3 22/5 particular[28) 9/141112212/16 23/3 23/25 24/1 2417 25/13 29114 12/24 14/16 29/18 30/6 64/20 65/5 0 15317 153122162/21 169/4 170117 24113 24117 30/3 33/6 35/13 36112 29/19 30/19 33/6 37/3 39/12 40110 66/4 67/6 68/9 69/9 70/3 83/22 171117172/217217176/13178116 46/1174/22100/25104/2110/4 40/1440/2142/242/445/1045/20 88/488/989/994/2095/9101/6 _Q ``- ______ ____ -``---~-~------``------~--- __D~en~Is~e~c__~Ph~i~_ips_,``~--------~ -~----~-``--~-----~-----------------~ ________ __ 13 State v David Duane Greer 11114/12 Vol 4 173/17 182/20 175/8 175/10 175114 175115 176/7 181118 1-p-----------ipictures (5) 25/3 60/15 60/16 175/16 probation [7) 120/10 120/18 particular... [7] 105/4 109/21 92/23 171/19 possessing (1) 164/6 121/11 121115 122/3 138/13 130110 147/16 148/20 156/7 piece (5) 67/5 70/4 149/18 169114 possession [19) 9/20 25/13 25/21 170/19 163116 180/20 86/24 87/4 87/8 99/18 120/5 164/5 probative [8) 12111 13/25 14/12 parties (7) 7/23 8/18/234/12 pieces (6) 37117 46/23105/25 167/2170/1170/5177/17177/17 1411414/1514/2515/215/7 0 99115 186/6186/10 partners (1) 79115 pass (22) 57/8 73/12 74/7 76/6 165/11 180/23 182/17 pile (1) 117/15 pin (1) 55/8 177/18 179/8 179/10 179/17 184/4 possibilities [1) 124/22 possibility [6) 21/14 115/12 probative/prejudice (1) 13/25 problem [7) 8/20 12/2 56/7 59119 101/7 173/16 175/11 76/7 87110_91/20 92/19 95/12 pistoL(22)_25/7 25/22 40/2141/6 _ 121116124/13 140/23.141/1 problems (1) 36/.7 97111 99/5 122/23 137/8 141/12 41/17 45/17 48/9 50/14 64/23 66/8 possible [15) 59/11 60/24 61/1 Procedurally [1) 36/17 D 147113 150/22 151118 155/24 156/22159/14 159/20184/10 passenger (7) 23119 37/1 37/12 66/9 66/14 69/4 94/20 94/25 95/2 65/18 65/21 66/25 67114 67/19 115/18116/18116/20116/22 117/4 179113 70113 92/4 9811140121 174/11 175/13 179/25 procedure [3) 35/6105/3 106118 proceed [2) 121/25168/2 proceedings [5) 1/15 1/18 143116 43/12 43/18 63/12 164/16 pistols [2) 94/14 94/19 potential (3] 59/18 67/8 67/23 186/6 186/9 0 passenger's [4) 44/19 44/21 156/7 place [5] 12/3 23/5 64/19 114/13 potentially [7) 67/5 67/7 68110 158/5 past[5] 103/11 109/18 110116 162110 placed (11] 13116 63/16 112/11 69/23 70/13 101110 117/6 powder [1] 46/8 process [2) 20/24 46/9 prohibitive [1] 14/9 pronounce [1) 96/5 119/22124121 113/10113/14114/2121/11 power [1) 37/17 proof(7] 109/23169/5 169/21 0 patrol [16] 28/3 29116 30/2 31/20 140/22 141/4 162/8 170/20 31/22 71/4 71/8 84/10 90/25 91/1 places (1] 32/15 138/24 141/5 144/12 145/25 plan [1] 19/25 precisely [5) 60/20 60/22 105/8 116/21117/4 prefers [1] 103/22 173/2 177/25 178/3 178/17 proper (4] 52/8 95/4100/20 184114 151/12170/21 planned [1] 117/17 prejudice [2] 12/11 13/25 properly [1] 95/3 0 pause [3] 9/3 12611 162/1 peace [2] 78/24 79/1 pending [6] 12/25 103/8 121/4 play (4] 118/16 163/8 168/16 178/4 prejudicial [5] 12/4 14/2 14/13 15/2 15/8 playing [6] 144/10 146/13 146117 preparation [1) 186/11 property [6] 24/14 24/15 35/7 35/19 36/13 115/9 pros [2] 20/12 77/2 121/5 121/20149/5 151/10151/17 178/17 prepare [1] 57/17 prosecute [1) 177116 0 penitentiary [1] 20/24 people [11] 24/15 24/15 29/15 3Jil7 47/4 110/10 16311 175/25 176/1917817178/8 plea (3] 7/21 22/18 121121 plead (1] 22115 please [11] 26/25 29/4 96/2 157112168/21 176/20 177/6 prepared (2) 89/19 160/8 preponderance [1] 169/6 presence [4] 16/17 19/13 50/20 100/8 prosecuted [1] 13117 Prosecution [1] 57/25 prosecutor [13] 8/16 60/5 61/12 64/2 66/7 68/19 69/3 90114118116 percent [6] 25/25 169/7 171/1 183/12 183/24 184/2 184/11 present (4] 36/5 77/24 141/8 147/17 147/22150/10 163/5 0 171/14175/17 179/24 perception [1] 176/24 pocket [10] 25/8 40/2 41/23 41/25 157/18 42/5 48/8 48/8 49/15 130/10 performed [3] 72/10 74118 74/20 164/22 presentation [2) 100115 160/7 presented [2] 22/14 91/3 Prosecutor's [1] 71/16 prosecutors (1] 168/14 prostitution (1] 122/13 period [1) 70/19 pockets [5) 25/6 39/25 40/1 45/11 preserve [1] 35/7 protect [4] 36114 36/14 172/5 0 Permission [1] 34/8 person [28) 20/21 29/1 63/13 68/14 71/18 71/21 87/25 88/1 47/19 preserved [1) 69/25 point [38] 10/13 13/22 21117 29/4 preserving [1) 70/20 30/4 33/9 38/4 39/2 43/16 44/16 Presiding [1] 1/17 180/16 protection [4] 116111 140/10 142/19 148/21 101/8 101/10101/19 108/4 108/6 45/9 56119 57/9 58/15 58/21 73/24 presumptive [1) 110/8 protects [2] 24113 24/14 0 109/4 109116 109/16 109/18 110/8 85/2 89/24 90/2 98/13 98/14 99/12 presumptively [4) 108/25 109/14 111/12111115111119111/21 111122118/11 149/15 149/23 100/17113/21120/23123/25 124/2 132/23 133/21 134/19 110/9110/14 pretext (1] 106/18 protruded (1] 65/2 prove[8] 20/1820/19142/22 163/6 168/22 168/23 175/15 163/5 177/19 135/17 140121141114 142113 pret!)' (13) 9/1_? 72/1f!___ 791_1U2L9_ __172{)] __ _ _ 0 perso-n's[l]35/7 --- ---- --- 1"437i8-14Sil7Ii5ti8i76i14- -- i"i6i3-fl7/SI24f7145/9145/14 personal [5) 65/25 74/21 74/24 88/8 166112 personally [3] 66/16 8113 8115 pointed [3] 33/7 55/11 109/20 points [2] 21/5 2118 poking (1] 42/4 149/3 15116 152/25 158/15 prevent [1] 90/8 previously (10] 34/2 34/10 41/3 proven (2) 103111109/18 proves [1] 166/1 provide [1] 92/3 provided [1] 34/2 g persons [1] 76/4 petite [2] 38117 118/11 Petraeus [I] 178/16 police (13] 28/5 31/23 32/11 92/7 110115 112/11 143/19 144/3 113/7126/20 128/15 131/4 138/17 154/13 173/8 142/24I64/10 170/18174/22 primarily (4] 59/15 60/10 60/11 public (1] 24/7 publish [2] 34/8 42/16 published (1] 42/20 Phillips [3] 1/22 186/4 186/16 179/4 63/19 publishing [1) 34/13 phone [3] 80/10 1011914I/23 policies (1] 37/1 primary (2] 106/9 106/10 pull [12] 29/15 31/20 32/14 55/4 0 photo [2] 65/12 172/3 photograph [8] 6/7 617 6/8 6/8 6/9 6/9 48/9 48/9 policy [17] 6/13 24/5 24/8 35/12 print [7] 717 8/25 21/8 69/9 70/6 35/17 59/24 60/2 88/19 104/6 105/2 105/11 106117 106/20 70/14 70/14 printed [3] 70/10 70/11 153113 55112 102119 106/1 108117 111/8 152/9 159/6 164/11 pulled [21] 32/15 40/10 40/14 photographing [1) 48/14 106/25 I07/7 107/21 111/4 priiitirig (l] 69/12 46/21 45/9 45/:20 53/20 58/2 74/24 0 photographs[3] 24/1948/19 48/25 physical [I] 85119 polled [1] 184/7 ponytail [1] 29/7 poor (1] 105/19 prints [6] 47/247/947/1169/5 69/8 69/24 prior (14] 20/13 20114 25/17 102/2113/7114/7114/24117/21 120/14 121/1 126/12 127/4 159/2 159/2 171/9 picl{ [6] 25/435/9 39/17 84/12 popped [I] 164113 32/16 60/4 60/17 88/7 88/13 88/14 pulling [3] 32/24 32/24 58/23 0 105116180/20 picking [2) 105/17 175/23 portion [1] 14/7 picked (4] 36/6 39/19 127/1 168/9 portions (2] 143/20 186/5 position (2] 52/9 55/6 pickup [5] 23/7 23/8 3111 37/12 possess [2] 52/19 170/2 93/1193/13 99118129/15 151/7 priors (1] 7/21 probable [3] 109/24 109/25 169/6 probably [15) 7/10 26/2 26/5 pulls (1] 23/22 purchased [I] 174/7 purpose [9] 16/9 17/13 31/21 61/12 104/3 105/10 178111 178119 0 48/10 picture (5] 94/4 105/8 172/6 possessed [11] 167/5 167/8 170/12 170/13 170115 173/10 29/22 29/23 29/25 30/1 65/7 13311 140/23 150/10152/15 170/22 180/15 purposes (16] 16/2 16110 16/13 0~----- ___________________________:>en~=·-~hillips~-=SR _____________________ 0 0 p State v David Duane Greer 126/16 126123 127/5 128/21 11/14112 Vol 4 reliable (16) 92/1 101112 102/22 revoke (2] 121/5 121117 14 128/23 131/3 148/25 149/15 17317 102/24 103/3 103/7 103/12 108/6 revoked (3] 120/19 121/2 12211 D-~ ! purposes ... [13] 18113 18114 1811519/1220/133/18401740/18 48/5 51/10 99/14 109/10 143/21 178111 178/17 178/19 180/4 180/8 180/9 180/10 reasonable [25] 110/3 110/4 108125 109/14 109/18 110/9 110/14 110/16 111/16 111117 relive (1] 119/22 revolver [4] 40/2 54/23 115/22 115123 revolvers [1] 95/2 purse [2] 24/22 38/19 110/18 110122 110/25 11117 rely [1] 106/10 rewind [2] 144/20 145/12 0 pursuant (4] 24/4 34114 111/3 143/19 purview [1] 8711 put [241 -7/-14 -12/'7 34/14 4211 · - 165/14 167/8 168/22 168/24 169/5 16919 169/16 169/22 173/11 174/6 174/17175/18176/1 176/11178/1 1"78/1178/6·180/11·182/6- · relying [21 10917 10919 remain [1] 184/23 remains [1] 106/4 remember [41] 8/5·8/6 3 7/17 Ricardo (5] 5114 5116 78/12 78/17 144/2 Rick [10] 44/11 78/9 131/6 131/7 132114 135/24 136/5 142/9 166/21 0 46/4 50116 51/4 51/11 52/1 55/6 106/2114/22116/21117/4118/3 12617 126/20 130/10 140/6 140/14 165/22171114 180123 182/15 reasons [3] 106/7 106/14 172/4 rebuttal [31 4/10 142/6 152/14 recall [12] 76/8 76/10 91112 116/21 117/5 141122 142/9 154/9 37/21 60/20 75/17 75/20 82/10 82/13 82/21 84/11 124/1 7 124/22 124/24 125/2 125/11 125/12 125/13 125/19 125/20 126/19 181120 ride (31 126117 136116 136/19 riding [1] 58/1 rifle [20] 49/23 50/13 50/16 5115 putting [11 180/19 156/3 158/20171/14 171/24 129123 131/15 131119 132/19 55/15 56/3 64/10 64/15 64/19 0 puzzle [4) 180/20180/20 182/16 182118 received (8] 75/8 80/10 8116 86/22 87/13 88/3 10113 184/14 receiving [21 8817 109/4 134/16 136/16 136/16 136/21 139/8 140/18 140/19 140/20 156/12 165/12 165/15 166/13 65125 94/4 94/5 94110 94/13 94/17 95/1 105/9156/19173/15 173/17 right (247] Q recently [2] 6217 118/22 168/13 168/21171112 175/25 right-hand (1] 25/8 0 quadruple [II 19/6 quality [1] 7017 quarterback [1] 162/22 recess [31 76/14 153/3'185/16 recognize [11] 31/3 3115 40/8 40/19 48/6 51112 96/18 115/5 remove [3] 24/1 35/10 159/10 removes [1] 21114 Rene [3] 5/13 112/15 112/21 rights [3] 83/15 83/15 83119 rip [1] 41125 ripped [1] 42/7 question [18] 30/13 42/12 46/25 115/8 115/19 144/12 rephrase [1) 84/17 ripping [1] 37/3 0 9117 91/8 98/9 11111 126/22 129/10 13P/20 135/6 149/17 149/21178/8 178/24 179/3 179/16 18117 recognized [1] 23/14 recollection [1] 133/2 record [20) 1/1 7115 7/18 7/25 8/4 replace (1] 12/6 replacement [1] 36/8 report [11] 9/15 57/17 61/12 rise [1] 183/24 road [3] 24/4 35/5 181122 roadside [2] 135/18 181115 roadway [1] 31120 919 1116 16/2 16/10 16/13 18114 61/13 61123 62/5 62/6 89/13 97/17 roll [1 I 145/14 0 questions [7] 20/7 90/14 92/20 119/23 141114 146/4151119 quick [61 7/15 80/21 92/20 145/9 153/8 154/4 29/8 34/15 108/19 110111 112120 122/9 186/7 186/9 186/11 recorded [4] 97/14 97/15 146/2 151/13 97/18 97/25 reported [21 1/18 186/8 reporter [61 1/22 92/25 123/4 130/13 186/4 186/17 rolling [1] 145/13 roof(!] 45/18 room [61 100/10 162/10 167/7 quicker [11 20/23 REPORTER'S [41 1/1 18617 177/3 183/12 184123. 0 recording [41 33/21 126/3 126/4 quite [21 20/22 57/3 168/16 186/9 186/11 rotate [6] 51/8 52/8 55/13 55/21 quote [1] 125/20 records [4] 71117 72/17 75/10 reporting (11 17717 55/22 64/24 JquotilllLlll 12417 97/22 represent [1] 9/16 rotates [1 I 55/6 0\ R R-1-C-A-R-D-0 (11 78/18 raise [2] 20/8 22/8 recover (21 39/2 159/3 recovered [1 I 159/5 RECROSS [2] 74/8 9311 RECROSS-EXAMINATION [21 represented [21 7/19 8/1 request [21 69/18 183/15 requested [1] 186/6 required [3) 109/19 109/23 110/2 rotation [1] 95/4 round [4] 50/14 50115 5519 55/13 rounds [21 52/5 54/6 rule [2) 104/6 176/1 range [1) 178/4 74/8 93/1 requires [1) 162/4 rules [25] 9/25 10/1 10/2 10/8 0' Ranger [91 3111 37/12 84/6 84/8 85/8 144122 166/11 166112 166/14 rape (21 116113 148/25 raped [2J_H0/5_173/9 _ _ _ __ recuse [1] 8/13 red [2] 82/25 128/9 redacted (1] 143/21 Reserve [1] 26/12 residue [1] 46/10 respective [1 I 186/10 10/20 10/23 11120 11121 12/1 13/10 14/9 14/22 97/1 97/8 97/10 98/10 98/16 98/18 98/18 167/19 redirect [6]--73/-13 9lf2.1 137/9 -- responded-[!} 9/24- - --~· -167/20 -167/2H76/25-1 77/1-1 7"7/l -D - reach (2] 45/14 104/14 reached (11 183/22 · reaching [1] 104/16 143113 150123 182/2 refer [1] 132/8 reference [2] 89/8 155111 response [10) 10/1 10/22 86/19 9ll4 97/3 9717 97/9 I 08/18 113/24 14617 run [3) 7/10 10117 174/5 running [2] 15/22 175/12 RYAN (5] 2/4 163/14 165/15 read [71 9/15 99/19 160/9 162/4 referenced (1 I 109122 responsibility (3) 166/22 172/14 166/5 167117 162/5 162/7 184/2 0 s referencing [2) 11125 10717 173/12 reading [II 22/12 referring (21 15/12 137/17 rest [7] 3917 39/12 74/11 100/3 ready (131 15/18 15/1915/25 17/1 reflect [2] 7/25 29/9 126/8 142/3 160/3 S-H [1] 95/18 22/3 53/17 78/2 112/1 153/23 reflects [1] 186/9 rested [41 100/5 100/14 142/4 sadly [11 166/3 153/24 160113 160/25 183/17 refresh [1) 168/16 160/4 safe (21 94/21 98/8 0 real (181 7115 46/17 80/21 98/14 106/2210812134/21 135/1 135/2 168/9 169/25 170119 183/3 183/4 refused [2] 9/24 13/9 regard [1] 38/18 regarding [11 34/13 rests [11 100/4 result [21 72/9 174/6 resulted (1] 7/20 safekeeping (1] 45/18 safety [1] 117/23 said [761 8!12 17/21 18/20 28/5 18314 183/4 I83/4-184/24 regards [6] 18/20 20/16 46/20 resulting [1] 11113 29/11 33/5 34/24 49/25 49/25 50/4 0 realize [2) 25/5 177/11 realized (11 7/21 really [19] 15/12 59/11 65115 65/16 72/20 75/20 82/4 101117 51/3 52/13 59/25 registered [31 ~2/25 179/J.~ reinstate [11 121/6 resume (1] 151122 retire [1) 183/12 retired [6) 76/13 100/12 151125 5114 55115 56/13 56/23 73/9 73/19 74/3 80/11 83/17 85/15 86113 86120 90/16 91/2 93/12 93/20 related [1] 6317 160112 183/14 185/12 97/21 11111 111/12111/16113/20 0 104/8 105/17124117 127111 133/11 133/13 134/10 169123 177114 179/8 180/6 ·realm [1] 178/17 relationship [8) 31/10 31111 92/14 92/18 113/1 113/3 131/9 135/11 retrieved [1] 156/18 review [31 97/19 103/6 160/18 reviewed [51 33/19 62/5 103/19 115112116/23119/12121/4123/6 123/8 123/25 124/1 124/8 124/18 126/6 126/10 128/22 132/4 132/8 133/18 136/9 136/11 136112 14111 released (2] 185/8 185/12 150/10 150113 0 reason [24] 18110 53/2 59/15 relevance [1] 11118 revisits [1] 173/1 142/16 143/11 143/13 146/8 146/9 62/25 68/8 104/ I 106/6 I 06/8 relevant [2] 17/9 17/9 revocation [2] 12/25 13/2 146/11 147/8 147/21 148/2148/6 . . . Q . _____ __ _, ------------------------``-- Demse C. Phillips, CSR -----~-----------~-~-----~------ ---------------------------------------- 0 0 State v David Duane Greer 11114112 Vol 4 147/10 147/18 147/21 148/2 148/4 158/5 161/12 169/1 170/9 170/9 15 s seat [14) 2217 23119 26/17 42/10 43/18 56111 78/11 95/20 126/21 148/6 148/8 148/8 148/11 148/11 181/21 184/6 184/16 D--, ( said ... [15] 148/8 155/2 163/10 156/6 15617 157/5 164/12 166/20 148/15 148119 148119 148/20 165/4 165/4166117 170115 170116 seated [10) 22/6 78/6 7817 112/5 17111 172/14 173/15 173/25 148/20 148/24 149/9 149/11 112/6154/7 154/8 161/22 183/20 149/12 149/19 149/20 149/24 sides (2) 160/4 161111 sigh [6) 91115 149/10 149/12 149/16 15017 172/22 175/25 177115 182/4 183/21 149/25 150/4 150/5 150/17 150/18 sighed [1) 150/4 0 Sam [2) 136/15 166/20 same.[25] 20/20 35/21 40/13 40/13 40/24 40/24 49113 51114 seats [5) 37/3 37/22 37/23 3917 96117 second [3) 54/16 150/25 162/21 164/18 166/17 166/17 166/18 166/18 170/13 170/14 170/14 sighing [1) 91113 sighs [2) 149/25 172/21 170/17 170/25 170/25 17111 171/3 sight [1) 119/19 51/22 52/22 531-19-53/20-94/22 seconds-[1) 7/7 --171/5 17"1/5 i71/7--H1/10 1-71/11 - sign [4) 62/22 -103/2-l 150/15 0 99/17 114123 116/2 154116 156/9 secure [4) 35/10 59/16 59/16 161/19161/20 163/5 167/22 171/3 59/16 174/3 176/25 sample [2] 67/16 67/20 secured [1) 43/16 171/11171112171112171/13 171114 171115 172/8 172/14 I 72117 172/21 172/21 172/21 172/22 172/22 172/23 172/23 177/4 signature [3) 62/16 62/20 89116 signatures [1) 62/14 signed [3] 19/24 61125 99/15 security [1] 17717 0 sat [1) 173/25 satin [1] 128/9 satiny [I] 18217 satisfied [2] 176/2 176110 see [42] 18/5 21/6 21/15 23/8 172/25 173/1 17317 173/8 173/8 significant [1) 127/19 23/24 24/19 25/3 27/20 29/2 30/20 173/9 173/9 173/10 173113 17417 silly [2] 30113 42/12 31/6 31/23 33/22 42/22 45/5 46/12 174/15 174/15 176/4 180/8 181114 simple [1] 182/19 47119 55/3 55/19 58/10 58/20 181120 181/24 182/2 182/3 182/4 simpler [1] 20/23 saved [1] 9/5 65117 68/3 71/4 72/6 75/23 76/3 182/7 182/10 182/11 182/14 183/2 simply [4] 109/15 171124 174/19 0 saw [20] 21/7 23/13 31119 45/13 79/19 81/5 82/4 8517 103/6 108/16 183/3 183/6 17617 46/4 71/6 85/11 116/2 158/4 158/4 124/15 135/8 145/13 150/2 153/2 she's [21] 25/25 38/17 44/6 84/3 since [5] 13/23 27/6 27/9 2817 159/3 164/8 164/11 164111 164/14 159/9 165/18 169/14 175/14 142/16 143/1 144/18 144/19 92/15 164116165/2 166/15 166/19182/9 seeing [1] 44/17 148/23 170/16 170/19 170/20 single [3] 51/15 81117 170110 D say [61) 13/24 26/6 31122 38/13 seemed [1] 39/21 38/21 43/20 6017 63/8 64/24 65/13 seems [1) 37117 66/21 7017 71114 72/3 74112 75118 seen [8) 49/3 58/16 63114 63/23 170/20 170/20 172/12 173/12 sir [344] 173/13 176/3 180/16 181/6 181/25 sit [2] 55/3 161/23 sheet [7) 57/19 57/20 57/22 8917 sitting [7] 24/4 2417 29/6 35/4 86/4 88/20 9817 98/8 98/19 98/20 100/25 119/7 181125 182/13 89/19 173/21 173/21 96/17 131/16.144/21 0 98/23 98/24 I 03/2 106/14 116/4 seize [1) 52/14 116117 117123 120122 121117 125/4 130/4 130/9 130113 132/6 seized [1) 69/22 selection [2) 25/17 177/5 134/13 137122 138/6 139/17 141/6 self [3] 70/20 140/2 140/4 sheets [1) 156/20 situation [2) 77/24 117117 shell [14) 64/3 64112 64/19 65/8 situations [1) 63/6 65/13 65/19 66/4 66/I5 93/3 93/I8 six [1) 29/23 93/24 I 05/9 I73/5 173/I4 size [11] 56/4 57/1 57/2 64/6 0 143/5 146/20 I47/4 147/10 148/8 Self-defense [2] 140/2 140/4 148/11 148112 I48/20 149/16 154/1164/17 168/13 168/14 172/17 174/25 175/3 176/11 self-preserving [1) 70/20 send [2) 67115 167/18 sense [10) 21/17 97/20 121/22 shells [5) 66/9 68/20 68/24 70/10 64/17 65/9 70/24 93/4 10517 9519 Sheriff's [22] 18/6 23/3 23/16 166/13 17113 size-wise [1] 64/17 23/21 24/5 27/4 27/I4 32/19 35/11 sized [2) 37/20 71110 177/16 180121 183/6 149123 168119 176/I7 177/1 177/6 44/I3 5II19 59/23 78/2I 78/22 slight (1] 8/5 0 saying [I9) 11/1017/7 36/24 73/7 178/5 178110 98/13 123/21 I24/11 124/12 12511 sent (7) 67/1 68/2 68/25 72/10 125/6 12517 125/8 125/9 125110 72/22 122/1 179/4 79/6 88/I8 96/4 96/10 105/11 136/15 157/14 157/16 shirt (3) 2917 82/25 145/6 slump [1) I62/23 small [9) 15/7 37/11 37/21 37/22 37/23 38/15 40/2 108/9 118/11 125/21 133/5 I42/25 170111 sentence (2] 20/24 21/11 shock [1]182/24 smudged [1) 70/6 0 174/20 150/17150/18 178/22 181/10 separate (2] 16/17156/15 says [IO] 26/2 105/6 149/9 149/24 separately (I] 57118 sequestration (1] 77/24 shocker [1] 170/19 shocking [1) 175/2 shook [1] 86/9 snap [1) 5517 sold [1] 72/18 sole (2) 13/1 18/3 D- - _ J8!1J4Is2a5 ___ ~ __ SBOT [3) 2/4 2/5 2/I 0 scared (2) 133/13 138/9 . _Sergeant .(1]_84/9 _ _ - ··-- _ shoot-(2]-.531L7-178/l __ __ __ _ -- some-(51)-10/1 1-15/13 I6/I7 2017- . serious [1] 149/3 serve [2) 23/4 29/19 short (13] 50/15 50/15 5114 53/13 20/25 23/I7 23/I7 24/22 24/23 54/6 58/5 64/9 64/14 76/14 94/1 24/24 28/23 28/23 30/4 33/8 3617 scenario [2] 109/21 125/11 set (2) 44/23 168/4 94/8 94/12 94/13 38/7 38/2I 38/22 44/23 4617 46/10 scene [9] 59116 66/24 143/10 setting [I] 45/17 shorter [3) 50/I6 65/6 94/I 0 48/25 50/1 55/19 60/24 67/11 D 143/11 145/9 I45117 146/19 157123 165/6 scenes [2) 66/I8 174/10 SEAL [I) 186/13 seven [4] 161113 161/14 167/24 172116 several (2] 29/21 134/3 sexual [I] 116110 shorts (2) 68/20 94/19 shot (I) 166/5 73/24 80/4 80/5 80/5 85/2 89/11 90/14 91/14 94119113123114110 should [9) 35/I2 77/24 90/8 92/24 1I8/3 1I8/I6 120/20 120/22 95/17 I26/15 168/11 168/25 124/20 140121 142/5 145/6 148117 0 search (51) 6/I3 16/8 16/25 17/24 shadow [12] 165/16 178/2 178/18 I69/22 I50/5 I50/5 152/21 I70/6178/23 25/5 36112 36118 36/25 37/6 39116 178/25 179112 179119 179/21 shouldn't [4) I6/14 I7/17 126/25 somebody (5) 14/21 23/9 91/7 59/5 59/8 59/23 60/18 84/22 84/24 179/25 180/12 180113 182/8 167/12 140/5 177/16 85/4 88115103/10 103/13 103/16 182112 sbow_(2J) 2617 33/17 36/5 4016 somebody's [1] 35/13 Hi3/l8 103/23_ 103ii3 i 04/J 104/8 Shakes (I] 122/21 40117 46/2 46/3 48/4 5119 53/9 somehow [1) 177/2 [J 104116 104/20 105/2 105/12 105113 105115 105117 105/19 she [137] 24/22 26/2 38/19 43117 55/1 56/2 82/19 93/22 115/4 5717 71/3 71/4 71/6 71110 71111 someone [5) I4/19 63/11 80/14 150125 155/6 158/21 I65/9 165110 81/16 12917 105121 105123 106/2 106/5 106/7 73/16 82/25 84/2 85/23 86/7 86113 166/3 something [28) 7/I4 10/17 19/18 106/9 106114 I 06/15 I 06119 90/16 90/24 9111 91/2 9116 91/14 showed (4] 57/5 68/21 91/3 21/20 24/13 33/5 42/1 46/22 47/18 0 107123 107/24 107/25 108/1 109122 109123 111/3 158/2 searched [I] 35/22 searches [I) I0417 91114 91/17 92/10 92/12 92/15 93112 141/16 142114 142/16 142117 142/19 142/20 142/23 164/10 shown [2] 49119 16717 shows [2) 133/4 172/20 59/12 63/20 80/6 85/4 93/19 106/11 117/2 11717 117/9 132/4 135/10 149/11 150/1 150/6 171/13 143/2 143/3 143/6 143/8 143/9 sic [I) 12115 I73/13 175/2 176/24 178/13 0 searching [2) 30119 60/4 seasoned [I) 173/3 143/10 143112 143112 143/13 side [I7] 8/12 8/14 39/21 43112 146/20 147/4 147/8 147/8 147110 44/19 44/23 75/25 77/3 103/25 sometime [I] 12/19 sometimes [6) 68/6 69/8 69/8 D~- -- ------------ .. Demse C. Phillips, CSR [J \ 0 s State v David Duane Greer stated [3] 97/24 170/1 170/13 11/14112 Vol 4 such [6] 11119 21110 37/18 100/19 177/5 177/25 179/8 16 statement [12] 10/6 10/24 11/11 117/3 122/6 talking [28] 12114 12/24 13/21 0 sometimes... [3] 98/23 176/21 176/24 Somewhat [I] 129/17 11/20 12112 22/23 26/11 86/2 101/12 102/23 111/16 170/11 statements [I] 22/20 sufficient [3] 103112 103/20 109/24 Suite [2] 1123 2/6 · 15/13 18/19 30114 35/24 36/13 44/9 46/24 73/23 85/2 85/9 85/21 86/22 109/25 11 011 II 0/2 124/21 n somewhere [3] 8417 84119 10119 states [3] 106/17 16317 167115 supervising [1] 96/22 125/13 126/22 143/9 163/13 sophomore Ill 162/23 stating [1] 164/24 supervision [2] 20/16 25/18 163/i4 169/23 171123 181/6 sorry [3] 9/4 81/21 147/25 statute [1] 99/22 support [2] 106/13 110/24 181111 sort [4] 60/67113 103/25 119/14 stay [3] 118/13 119/17 184/22 supports [1] 108/20 tamper [2] 59/12 104110 so_und_[l] .181/7. . stayed.[1] __ 1!9!l't . supp stopped him in 200- -- stopped him in 2007. 15 Also had to go to court on that in Houston working with 0 16 ATF. 0 17 18 Q. stopped him? Okay. Do you remember what day it was that you 0 1
9 A. It was August 8th of 2007. 20 Q. Okay. Do you remember why you stopped him? 0 21 A. Yes. It was an expired registration on the 0 22 vehicle he was driving. 23 Q. Okay. And what happened when you stopped him? 0 24 A. He was arrested for outstanding warrants; and 0 25 during that stop, we found crystal methamphetamine and a DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER D 272ND DISTRICT COURT 0 8 1 gun. 2 Q. Okay. 0 3 MR. WARD: Pass the witness, Judge. CROSS-EXAMINATION 0 4 5 BY MR. GRAY: 0 6 Q. This was quite some time ago; is that right?
7 A. It was in 2007, yes. 0 8 Q. When you observed him driving, was he violating 0 9 10 any traffic laws at all? A. Other than the expired registration, no. 0 11 Q. Okay. So, he wasn't driving recklessly or 12 exceeding the speed limit or endangering anyone that you 0 13 saw? 0 14 A. No. 15 Q. He didn't try to run from you? 0 16 A. No. 0 17 18 Q. Whenever you actually placed him under arrest, did he use any force against you at all? 0 19 A. No. 20 Q. He cooperated fully? 0 2
1 A. Iwould say so. 0 22 Q. Okay. Now, you indicated that you had searched 23 the vehicle; is that correct? 0 24 A. Yes. 0 25 Q. Did you have a search warrant for 'that vehicle? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 9 o,- . 1 A. No . 2 Q. Okay. When you had placed him under arrest, did 0 3 you, I guess, as you'usually do, place him in handcuffs 4 put him in the back of the patrol car? B 5 A. Yes. 0 6 Q. Okay. So, he was not in a position to get to any 7 type of evidence or weapon or anything like that; is that 0 8 fair to say? '0 9 10 A. Q. Yes. Okay. And so, you searched the vehicle; and what 0 11 do you find; and where do you find it at? 12 A. There was a black leather satchel in the back of 0 13 a passenger compartment on the very top -- there was a lot 0 14 of stuff in there, but that was the very -- that was the 15 thing on the very top. 0 16 In that black satchel, there was a bank bag; 0 17 18 and in that bank bag was where the gun was. Also, in that same leather satchel, there was a sunglass case; and in [l 19 that sunglass, case was .9 grams of crystal 20 methamphetamine and drug paraphernalia. 0 21 MR. GRAY: Judge, we would object to the 0 22 reference as to this being crystal methamphetamines at 23 this point. That's hearsay. There's been no lab report. 0 24 There's been no testimony 0 25 THE COURT: Sustained as to that portion DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 f 272ND DISTRICT COURT 0 0 10 0- 1 only. 2 MR. GRAY: Okay. 0 3 Q. (By Mr. Gray) So, as to just the -- I guess, the 0 4 5 firearm, what type of firearm was that? A. I know it was a :380 -- B West .380 handgun. 0 6 Q. Okay. As to that particular weapon or where you found that, was there any kind of identifying information, 7 0 8 a license or anything identifying or linking that pistol 0 9 10 and where you found it to David Greer? A. Yes. 0 11 Q. What would that be? 0 12 13 A. There was a card for his parole officer with the date on it. And while he was in the back of my patrol 0 14 car, he stated to his girlfriend that he had an 15 appointment with his -- 0 16 MR. GRAY: Objection as to hearsay, Judge. 0 17 18 Q. THE COURT: (By Mr. Gray) Okay. Sustained. There was some type of a 0 19 parole card, but did you actually visit with any type of a D 20 21 parole officer to verify any of that information? A. No, but he did state that that was his bag. 0 22 MR_ GRAY: Objection as to hearsay. 23 THE COURT: Sustained. 0 24 Q. (By Mr. Gray) All right. As to this gun that was 0 25 found, was there any kind of testing, any kind of prints DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 11 0- 1 run on it or anything of that nature? A. Yes. 2 0 3 Q. Okay. That was sent off to the lab; is that 4 correct? 0 5 A. Our CSI processed the gun. 0 6 Q. Okay. Now, he never tried to go for that weapon 7 or anything of that nature; is that right? 0 8 A. Not for the gun, no. 0 9 10 Q. A. Okay. So, he didn't endanger you in any way? He made -- there were things that he did that 0 11 were suspicious to me that I thought he might hurt me, 12 yes. 0 13 Q. Okay. Did he -- did he grab the weapon and point 0 14 it at you? 15 A. No. There was a club at his right-hand side, 0 16 though, that I think he was trying to go for when I was 0 17 18 talking to him. Q. Okay. You say you think he was trying to go for 0 19 it. Did he pick it up and swing it at you? 20 A. No. 0 21 Q. Was it in his hand? 0 22 A. No. 23 Q. And you did not get permission to search that bag 0 24 that was back there in the back of the vehicle? 0 25 A. That's correct. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 D 12 0- 1 2 Q. And you didn't actually get any kind of permission to search any of the vehicle; is that correct? 0 3 A. That's correct. n 4 5 MR. GRAY: MR. WARD: Judge, we pass the witness. Nothing further, Judge. 0 6 THE COURT: You can step down, Officer. 7 THE WITNESS: Thank you. 0 8 THE COURT: Call your next. 0 9 ·1o MR. CALVERT: Call Greg Silber. Your Honor, may Officer Ruebush be finally o· 11 excused? 0 12 13 THE COURT: He's finally excused. (Witness sworn.) 0 14 THE COURT: Have a seat. Go right ahead. 15 GREG SILBER, 0 16 having been first duly sworn, testified as follows: 0 17 18 BY MR. CALVERT: DIRECT EXAMINATION 0 19 Q. Would you state your name for the record? 20 A. Greg Silber, S-I-L-B-, as in boy, 0 21 Q. And what do you do for a living? -E-R. 0 2
2 A. I'm an investigator with the Brazos County 23 District Attorney's Office. 0 24 Q. How long have you done that? 0 25 A. Four years. DENISE C.PHILLIPS, CSR u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n 13 0 1 2 Q. A. And prior to that, what did you do? I spent 27 years as a San Antonio police officer 0 3 before I retired from them; and then, I spent three and a 4 half years with the College Station Police Department A 5 before moving to the D.A. 's Office. 0 6 Q. So, you've been a certified peace officer for how 7 long? 0 8 A. Getting pretty close to 35 years now. 0 9 10 Q. And in your career, have you received specialized training with regards to fingerprint identification, 0 11 detection and comparison? 12 A. have. 0 13 Q. I And describe for me briefly what that training 0 14 is. 1
5 A. I've had over 500 hours of specialized training 0 16 in fingerprints and comparison, classification. Besides 0 17 18 the training -- just having the training, I've also taught courses in fingerprint classification and fingerprint 0 19 comparison. Spent over eight years in the San Antonio 20 0 21 Police Department Latent Office doing comparison of crime scene prints, going to the morgue, identifying deceased 0 22 persons that were unknown. 23 Q. And in your' career as a police officer and as an 0 24 investigator, have you had occasion to put that training 0 25 to use on actual cases? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 D 14 [l
1 A. Ihave. 2 Q. On many occasions? 0 3 A. Many. B 4 5 Judge? MR. CALVERT: May I approach the witness, 0 6 THE COURT: You may. 7 Q. (By Mr. Calvert) Investigator Silber, I'm going to 0 8 show you what I've marked for identification purposes as [l 9 State's Exhibit 24; and I ' l l ask you if you recognize 10 that? 0
11 A. Ido. 0 12 13 Q. A. And what is that? It's two inked impressions of the Defendant's 0 14 right thumb. 15 Q. And who took those fingerprints of the 0 16 Defendant's right thumb? D 17 18 A. Q. I did. And when did you take those? Was it today? 0 19 A. Yeah, about 15 minutes ago. 20 Q. Okay. And when you say, "the Defendant," the 0 21 person who's thumbprints are on State's Exhibit 24, is 0 22 that the Defendant in this. case, Dave Greer? 2
3 A. It is. 0 24 Q. I now want to -- 0 25 MR. CALVERT: Well, first of all, DENISE C.PHILLIPS, CSR at this OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 n 15 0~ 1 point, Judge, I will offer for all purposes State's 2 Exhibit 17, which is a certified copy of a judgment. It's 0 3 previously been shown to Defense counsel. This is the one 0 4 5 that they stipulated to yesterday. (State's Exhibit No. 17, Judgment and 0 6 Sentence, offered. 7 MR. GRAY: Judge, we would -- well, a couple 0 8 of things. We would object as.to the Judgment and 0 9 10 Sentence being hearsay and not properly authenticated. Also, we stipulated to the fact that he had been convicted 0 11 of a felony and that five years had not expired since his 12 rele~se of supervision. But we did not specifically 0 13 stipulate to any particular judgment. We just -- there 0 14 was just -- there was no judgment offered. There was no 15 stipulation to judgment. We stipulated as to those facts. 0 16 THE COURT: I understand. Why do you object D 17 18 to the actual judgment when you've already stipulated that it•s true? 0 19 MR. GRAY: Just that. We have not -- we 20 have stipulated that he is a felon and that it was within 0 21 five years of the expiration of his being released from 0 22 23 the supervision, as to that element of the guilt/innocence phase. But we have in no" way stipulated to any Judgment u 24 ·and Sentences, any prints, anything of that nature. 0 25 The judgment also contains additional DENISE C.PHILLIPS, CSR u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 16 1 allegations, Judge, these enhancement paragraphs, which we 2 are not stipulating toi and we. are -- we object to as ] 3 well. } 4 MR. CALVERT: Briefly, Judge. The 5 stipulation that was signed by both the Defendant and his J. 6 counsel yesterday -- I don't recall the exhibit, but it 7 was offered int6 evidence in front of the jury -- 1 8 specifically states that the David Greer who is the 9 Defendant in this case is one and the same individual who ·}' . 10 was convicted in the cause number from this judgment, ] 11 State's Exhibit 17, for possession of methamphetamine, 12 which this judgment is for. 13 And as to the hearsay objection, this is a 14 certified copy of a public document. It's not hearsay. 15 So, the Defendant has already stipulated on the record and 16 in evidence that he is one and the same individual that is 17 listed -- that was convicted in this case right here. J 18 That links this judgment to him. l 19 The only other hurdle you have to get over 20 is hearsay, and it's not hearsay because it's a certified J 21 copy of a public document. 22. THE COURT: I overrule the objectipn. J 23 Q. (By Mr. Calvert) Investigator Silber, I'm going to 24 refer you now 25 THE COURT: It's admitted. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .272ND DISTRICT COURT 0 17 0- 1 (State's Exhibit No. 17 admitted.) 2 Q. (By Mr. Calvert) I'm going to refer you now to 0 3 what's just been admitted as State's Exhibit No. 17. Is 4 this a judgment for a felony of possession of B 5 methamphetamine 0
6 A. It is. 7 Q. out of Grimes County in 1997? 0
8 A. It is. 0 9 10 that Q. Now, I'm going to flip to the second page of of State's Exhibit No. 17, and does it appear that 0 11 this is a judgment from a jury trial?
12 A. It does. 0 13 Q. And is there a finding in State's Exhibit 17 by 0 14 the jury that the same Defendant was also convicted in 15 Cause No. 15341 in the 85th Judicial District Court in D 16 Brazos County of burglary of a habitation? 0 17 18 MR. GRAY: Judge, can I have a running objection, so that I'm not interrupting constantly as 0 19 to -- 20 THE COURT: Yes, you may have a running 0 21 objection -- 0 22 MR. GRAY: -- hearsay? 23 THE COURT: -- as to State's 17 and any 0 24 information contained therein. 0 25 Q. (By Mr. Calvert) Did the jury find that to be DENISE C.PHILLIPS, CSR 0/ OFFICIAL COURT REPORTER ~72ND DISTRICT COURT 0 n 18 0- 1 2 true? A. It did. 3 Q. And with respect to that case, Cause No. 15341, I'm now going to refer you to what I've marked for B 4 5 identification purposes as State's Exhibit 19-A. That's ,Q 6 19-Alpha. I'm going to ask you to look at that and tell 7 me if you recognize what that document is. 0
8 A. It's a judgment. 0 9 Q. Is that a certified copy of a judgment bearing 10 that same cause number, 15341? D
11 A. It is. 12 Q. And is that out of the 85th in Brazos County? 0 1
3 A. It is. 0 14 Q. Is it for burglary of a habitation? 1
5 A. It is. 0 16 Q. Now, if you flip to the second page of State's D 17 18 Exhibit 19-A, is there a thumbprint made on the second page of State's Exhibit 19-A? 0 19 A. There is. 20 Q. Did you have occasion this morning to compare the 0 21 thumbprint on State's Exhibit 19-A to the prints that you [1 22 took off of the Defendant today? 2
3 A. Idid. 0 24 Q. And what did you find? 0 25 A. They were one and the same. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 i272ND DISTRICT COURT I 0 [] 19 0 1 Q. They came from the same individual? 2 A. Correct. lJ 3 Q. Okay. Now, I'm now going to refer you to State's Exhibit 19. Do you recognize that as a certified copy of 0 4 5 what's called a pen pack? D
6 A. Ido. 7 Q. And is a pen pack just a certified document from 0 8 TDC containing judgments, essentially? 0 9 A. Q. Correct. Is one of the judgments in this pen pack that 10 0 11 same case, Cause No. 15341 out of Brazos County? 12 It is. 0 13 A. Q. And does this same pen pack, does it belong to an (J 14 individual named Dave Greer? 1
5 A. It does. 0 16 Q. And does it assign that individual a particular 0 17 18 TDC number? A. It does. 0 19 Q. Does this pen pack contain the judgment for -- 20 the same judgment for Cause No. 15341? 0 2
1 A. It does. 0 22 23 Q. Does the same pen pack also contain a separate judgment for a separate offense, Cause No. 15269? 0 2
4 A. It does. 0 25 MR. CALVERT: Judge, at this point, DENISE C.PHILLIPS, CSR I'm OFFICIAL COURT REPORTER Q 272ND DISTRICT COURT 0 n 20 n 1 2 going to offer State's Exhibits 19 and 19-A . . These have previously been shown to Defense counsel, and they -- both D 3 of which are certified copies of public documents. 4 (State's Exhibits No. 19 and 19-A, Pen D 5 Packet and Judgment and Sentence, offered.) D 6 MR. GRAY: Can I take the witness on voir 7 dire? 0 8 THE COURT: Yes, sir. 0 9 VOIR DIRE EXAMINATION 10 BY MR. GRAY: 0 11 Q. As to State's Exhibit 19, that contains 12 several -- appears to be several fingerprints. You were 0 13 not able to identify those 0 14 A. No, they're 15 Q. As to David Greer; is that right? 0 16 A. They're very poor quality. No. 0 17 18 Q. Okay. And there is a photo contained therein, but you're not a photograph expert? 0 19 A. No. 20 Q. Okay. D 21 MR. GRAY: Judge, we would object. We have 0 22 a running objection as to the Judgment, 19-A. We have no 23 additional.objections as to that. But as to 19, we would 0 24 object, Judge, that it hasn't been properly authenticated. 0 25 It's hearsay. It may appear to be a Judgment and DENISE C.PHILLIPS, CSR u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 0 21 ~ 1 Sentence. There is a photograph contained therein, but 2 there is -- has been no testimony to identify this 0 3 photograph as being one and the same. B 4 5 my client's. In addition, Judge, the prints do not match And I don't think it's proper -- 0 6 THE COURT: You mean, you can't compare 7 them? 0 8 MR. GRAY: You can't compare them, the D 9 10 quality of -- and I don't think it's proper to simply take one judgment that we've objected to -- and I know it's 0 11 been admitted, but incorporate it into this judgment; and 12 therefore, this judgment is okay. I don't think that's 0 13 the way it works, and I don't think that's proper. D 14 If they want to prove up that pen pack, I 15 think they need to have identifying prints or someone from 0 16 TDC to testify as to that. D 17 18 MR. CALVERT: May I respond, Judge? THE COURT: I'm not sure I follow how you're 0 19 trying to do this. It's all convoluted. 20 MR. CALVERT: Certainly, Judge, I can 0 21 explain it. 0 22 THE COURT: Okay. 23 MR. CALVERT: State's Exhibit 19-A, which 0 24 the Defense, I believe -- and correct me if I'm wrong, 0 25 Earl -- the Defense has no further objection to 19-A. DENISE C.PHILLIPS, CSR . g OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n 22 0-- 1 MR. GRAY: No further objection. 2 THE COURT: 19-A is admitted. 0 3 (State's Exhibit No. 19-A admitted.) D 4 5 MR. CALVERT: 19-A is a felony judgment for burglary of a habitation that contains a good fingerprint 0 6 that has been compared to and matched to this Defendant. 7 So, 19-A, there's no question. It's a certified copy of a 0 8 good judgment that is linked to this Defendant. D 9 10 19-A is also listed in -- as one of the priors that the jury found to be true in State's Exhibit D 11 17, which has already been admitted and stipulated to by 12 the Defendant that he is one and the same individual. 0 13 So,· that conviction for that case, D 14 15 specifically Cause No. 15341, is sufficiently linked to this Defendant. That gets us to State's Exhibit 19, which 0 16 is a pen pack which also contains that same judgment. The 0 17 18 same judgment that is represented by 19-A, Cause No. 15341. D 19 Specifically, State's 19 is a pen pack 20 relating to an individual named Dave Greer; and it is D 21 assigned a particular TDC number, 408765. Contained 0 22 within that same pen pack under that name and that TDC 23 number, as I said, is the same judgment, State's Exhibit 0 24 19-A, Cause No. 15341, as well as an additional judgment, D 25 Cause No. 15269, also out of Brazos County, also out of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER D 272ND DISTRICT COURT D 23 1 1 the 85th, also on a defendant named Dave Greer with the l- 2 same prosecutor, the same defense attorney, the same 3 judge. 4 THE COURT: So, it's kind of a 5 circumstantial proof of the same? 6 MR. CALVERT: Certainly, Judge; and that 7 gets to the next thing I was going to talk about. 8 Mr. Gray refers to the lack of identifiable 9 prints with respect to -- and really the only judgment 10 here we're talking about is Cause No. 15269, because we 11 have a good print on the other one. 12 And there's lots and lots of case law that 13 goes back a long way on how you prove up judgments, and 14 there are -- there's nothing magical about fingerprinta. 15 There's two hurdles you have to get over. 16 One, you have to show that it's a -- you can 17 get over hearsay. It's a certified copy of a public 18 document. 19 The second hurdle is you have to link it 20 somehow to the individual who's on trial. But there is no 21 one exclusive way of doing that. There's a variety ways 22 of doing that. 23 And specifically, one case that I know of is 24 Flowers v. State, and the cite for Flowers v. State is 220
25 S.W.3d 919. In that case, they actually didn't have a DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT n 24 ~· 1 certified copy of a -- it was a DWI case. They didn't 2 have a certified copy of the judgment. They had a docket D 3 entry off the court's jacket and a certified copy of the B 4 5 defendant's driver's license pack which listed a conviction. But there actually was no certified copy of 0 6 the judgment. 7 Another case is Paschall, P-A-S-C-H-A-L-L, D 8 v. State, that's cited as
285 S.W.3d 166. And like I 0 9 10 said, there's a litany of cases on this. two that I grabbed this morning. These are just 0 11 The point of this, Judge, is the Court talks 12 about in here -- and I'm reading from Paschall -- to 0 13 establish the defendant has been convicted of a prior 0 14 offense, the State must prove beyond a reasonable·doubt 15 that, one, a prior conviction exists; and, two, the 0 16 defendant is linked to that conviction. And they cite D 17 18 Flowers on that, which is the other case that I just cited. No specific document or mode of proof is required 0 19 to prove these two elements. While evidence of a 20 certified copy of a final judgment and sentence may be a 0 21 preferred and convenient means, the State may prove both 0 22 of these elements in a number of ways, including 23 documentary proof such as a judgment that contains 0 24 sufficient information to establish both the existence of 0 25 a prior conviction and the defendant's identity as the DENISE C.PHILLIPS, CSR D OFFICIAL COURT REPORTER 272ND DISTRICT COURT D 25 1 person convicted. Any type of evidence, documentary or 2 testimonial, might suffice. 3 THE COURT: All right. I ' l l admit it. 4 (State's Exhibit No. 19 admitted.) 5 THE COURT: The objection is overruled. 6 DIRECT EXAMINATION (CONTINUED) 7 BY MR. CALVERT: 8 Q. All right. State's Exhibit 19, which has just 9 been admitted, Investigator Silber, you told us earlier 10 contains the same judgment for burglary of a habitation 11 that's listed iri 19-A; is that correct? 12 A. That's correct. 13 Q. Does it also contain a separate judgment for 14 Cause No. 15269 against this Defendant for another 15 burglary of a habitation? 1
6 A. It does. 17 Q. Now, I'm going to refer you to State's Exhibit 18 18. Is that another pen pack? 1
9 A. It is. 20 Q. Is that a certified copy of a pen pack? 2
1 A. It is. 22 Q. And is there a cause number for the judgment 23 contained in State's Exhibit 18? 24 A. There is. 25 Q .. And what is that cause number? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 2
6 A. It's 1717585. 0-- 1 2 Q. Is that the same cause number that is also 0 3 referenced in and found true in the judgment contained in 4 State's Exhibit 17? 0
5 A. It is. 0 6 Q. And is that also -- does the court in this 7 exhibit, the 85th in Brazos County, match the court 0 8 referenced in State's Exhibit 17? 0 9 10 A. Q. It is -- it does. Is it also for an individual named Dave Greer? 0 11 A.. It is. 12 Q. All right. I'm also going to -- 0 13 MR. CALVERT: Well, at this point, Judge, 0 14 I'm going to offer State's Exhibit 18 on the same basis. 15 It's a pen pack for that cause number. 0 16 (State's Exhibit No. 18, pen packet, D 17 18 offered.) THE COURT: Same objection? 0 19 MR. GRAY: Can I take the witness on voir 20 dire, Judge? 0 21 THE COURT: Yes. D 22 23 BY MR. GRAY: VOIR DIRE EXAMINATION 0 24 Q. In regards to State's Exhibit 18, there's also a 25 set of prints included on the last sheet. You were not D DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER w- 272ND DISTRICT COURT 0 0 27 0-- 1 able to link those prints to my client, David Greer; is 2 that correct? D 3 A. They're not identifiable, no. 0 4 5 Q. Okay. MR. GRAY: Pass the witness. 0 6 Judge, we would -- we would object under the 7 same rationale that we objected to the prior exhibit, that 0 8 they have not provided sufficient evidence to prove up his 0 9 identity and link him to that particular judgment. It '11 be radmitted. 10 THE COURT: Overruled. 0 11 (State's Exhibit No. 18 admitted.) 12 DIRECT EXAMINATION (CONTINUED) 0 13 BY MR. CALVERT: 0 14 Q. Mr. Silber, I now want to refer you to -- well, 15 actually, before we move on, State's Exhibit 18, which was 0 16 just admitted, is that a Judgment of Conviction for the 0 17 18 felony offense of theft? A. It is. 0 19 Q. And was the Defendant sentenced to five years in 20 TDC? 0 21 A. He was. 0 22 Q. Now, I want to refer you to what I've marked for 23 identification purposes as State's Exhibits 22 and 23. 0 24 Are both of those certified copies of public documents? 0 25 A. They are. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT D 0 28 0 1 Q. State's Exhibit 22, is is that a certified 2 copy of an indictment? D
3 A. It is. 4 Q. And State's Exhibit 23, is that a certified copy B 5 of the judgment that goes along with that indictment? 0
6 A. It is. 7 Q. Does State's Exhibit 23 contain a set of 0 8 fingerprints? 0 9 ·10 A. Q. It does. And were you able to compare the fingerprints 0 11 from State's Exhibit 23 to the Defendant in this case and 12 the fingerprints you took from him? 0 1
3 A. Idid. 0 14 Q. And what did you find? 1
5 A. Ifound that they belonged to the Defendant. 0 16 MR. CALVERT: Judge, at this point, we'll 0 17 18 offer State's Exhibits 22 and 23, both of which are certified copies. 0 19 (State's Exhibits No. 22 and 23, Indictment 20 and Judgment and Sentence, offered.) 0 21 MR. GRAY: Judge, we would have no 0 22 additional objections other than what we've -- have a 23 running objection as to State's Exhibit 23. 0 24 THE COURT: Objection is overruled. 22 and 0 25 23 are admitted. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT [J 0 29 n. 1 2 (State's Exhibit No. 23 admitted.) MR. GRAY: Well, as to 22, Judge, I have a 0 3 separate objection. 4 THE COURT:' Okay. B 5 MR. GRAY: As to 22, there's no prints, .and 0 6 I'd also object to relevance. It's an indictment. An 7 indictment i~ no indication of guilt, and I would -- I 0 8 would also object that it's unduly prejudicial. It's also 0 9 10 cumulative. We would object to 22. THE COURT: Why are you offering an 0 11 indictment? 12 MR. CALVERT: It shows what he was charged 0 13 with -- specifically what the allegation was that he 0 14 ultimately -- they pled him down to a lesser. 15 MR. GRAY: Judge, I would object as to 0 16 relevance. It's not relevant as to what he was charged 0 17 18 with. THE COURT: I'm going to sustain the 0 19 objection to 22. 20 Q. (By Mr. Calvert) State's Exhibit 23, which was 0 21 just admitted, is that a Judgment of Conviction for this 0 22 Defendant from October of 2010, convicting him of theft? 2
3 A. It is. 0 24 Q. And was he sentenced to serve one year in the 0 25 Burleson County jail? DENISE C.PHILLIPS, CSR o·· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n 30 0- 1 2 A. He was. Q. I'm now going to refer you to State's Exhibits 20 0 3 and 21. Are both of those certified copies of public 4 documents as well? 0 5 A. They are. 0 6 Q. And do both of those contain a thumbprint? 7 A. They do. 0 8 Q. And did you have occasion to compare the 0 9 10 thumbprints in State's 20 and 21 to the Defendant? A. I did. 0 11 Q. And what did you find?
12 A. Ifound that the thumbprints in 20 and 21 do 0 13 match the Defendant. 0 14 MR. CALVERT: We would offer State's 20 and 15 21. 0 16 (State's Exhibits No. 20 and 21, Judgment 0 17 18 and Sentences, offered.) MR. GRAY: No additional objections to those 0 19 two, Judge. 20 THE COURT: Those objections are overruled. 0 21 20 and 21 are admitted. 0 22 (State's Exhibits No. 20 and 21 admitted.) 23 Q. (By Mr. Calvert) With respect to State's 20, is- 0 24 that a Judgment of Conviction for evading arrest from here 0 25 in Brazos County? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 u 31 0
1 A. It is. 2 Q. Is that in 1997? D
3 A. It is. 4 Q. And State's Exhibit 21, is that a conviction for B 5 reckless driving? 0
6 A. It is. 7 Q. Here in Brazos County from 1997? D
8 A. It is. 0 9 17. Q. Okay. Now, I want to go back to State's Exhibit This was the original judgment that I asked you 10 0 11 about. What's the date of that judgment?
12 A. It's going to be November 6th of '97. 0 13 Q. And is that a conviction of possession of 0 14 methamphetamine? 1
5 A. It is. 0 16 Q. And does it indicate that he received a 0 17 18 punishment of 40 years, four zero years in TDC? A. It does. 0 19 Q. Okay. Referencing you to State's Exhibit 19, the 20 pen pack that contains ·two convictions for burglary of a 0 21 habitation, flipping to the third page of State's Exhibit 0 22 19, is that a judgment granting this Defendant deferred 23 adjudication probation? 0 24 A. Correct. 0 25 Q. Flipping to the next page, does it indicate a DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT [! 0 32 o. 1 2 number of violations of his probation that were alleged against the Defendant? 0
3 A. It does. Q. Specifically, that he used marijuana, correct? 0 4 5 A. Correct. [1 6 MR. GRAY: Judge, I would object to anything 7 contained therein as hearsay. Also, it's not relevant. 0 8 It's unduly prejudicial. If they want to bring in those 0 9 particular people to testify to that, bring in lab 10 reports, testing, that kind of stuff, that's one thing. 0 11 But to just reference particular bad acts that may or may 12 not exist and violations that may or may not exist, we 0 13 would object. 0 14 THE COURT: This is in the pen pack? 15 MR. CALVERT: It's in the pen pack, Judge. D 16 THE COURT: What do you say to that? 0 17 18 MR . .CALVERT: THE COURT: Judge, this document Underlying charges? D 19 MR. CALVERT: Well, if you'll let me, Judge 20 I can clear that up with one question from this witness. 0 21 THE COURT: All right. 0 22 Q. (By Mr. Calvert) I'm going to flip back to -- 23 THE COURT: I've got your objection under 0 24 advisement now. 0 25 Q. (By Mr. Calvert) I'm going to flip back a couple DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 33 1 of pages in State's Exhibit 19. Is this an Order Revoking 0--- .2 Probation and convicting the Defendant of the offense for D 3 which he was placed on deferred? It is. B 4 5 A. Q. And does this contain the same allegations that 0 6 were listed violating his probation just a minute ago on 7 that other page? 0
8 A. It appears to be. 0 9 10 Q. A. And were they found true by the Court? Yes, sir. 0 11 Q. Okay. Did is one of those violations a 12 criminal trespass? 0 13 A. Yes. 0 14 MR. GRAY: May I continue to have a running u 15 objection as to any references contained therein as to any 16 unadjudicated act? In addition, Judge, we're not 0 17 18 objecting in regards to 404(b) notice as to any of the judgments. They have given me notice on that. I do not 0 19 have any notice in regards to bad acts contained within 20 t~at Judgment and Sentence. 0 21 THE COURT: You do have an objection to bad 0 22 acts within that? 23 MR. GRAY: Yes, I do. 0 24 THE COURT: They weren't furnished to you? 0 25 MR. GRAY: That would be notice as well, DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 34 0- 1 2 Judge. I mean, those weren't listed on 404(b) notice as to -- you know, they're going to go through 57 Condition I 0 3 violations, that, one, I haven't received 404(b) notice 0 4 5 to; two, that we have -- they still have to prove all of this stuff beyond a reasonable doubt for you to consider 0 6 it. 7 And I don't think we can just take a 0 8 Judgment and Sentence yes, if it's a certified copy, 0 9 10 that J and S may come in for the purpose to establish that , he committed this act or revoked or was sentenced, but not 0 11 every piece of hearsay within hearsay contained within 12 that document. 0 13 THE COURT: Well, I'm going to admit the 0 14 document, but I'm going to take it only as a basis to 15 revoke and not the truth of the prior allegations. 0 16 Q. (By Mr. Calvert) Did -- was one of the allegations 0 17 18 found true by the court that criminal trespass? A. Correct. 8 19 THE COURT: And your running objection is 20 granted. 0 21 . MR. GRAY: Okay. Thank you. 0 22 Q. (By Mr. Calvert) And is -- what was that violation 23 for? 0 24 A. Marijuana. D 25 Q. And the next one? DENISE C.PHILLIPS, CSR o· . OFFICIAL COURT REPORTER 272ND DISTRICT COURT D 0 35 0--. 1 A. Methamphetamines. 2 Q. And the next one? 0 3 A. Methamphetamines. 4 Q. Does it also say he was hanging around people 0 5 that he wasn't supposed to be hanging around? 0 6 A. Correct. 7 Q. Did he also -- does it indicate the Defendant G 8 admitted to his probation officer that he left the county 0 9 without notifying his probation officer or the court?
10 A. It does. 0 11 Q. And did he also have some technical violations 12 for not paying fees and that kind of thing? 0 13 A. Correct. 0 14 Q. Does it also indicate that he failed and was 15 found true to have failed to participate in counseling 0 16 that he was ordered to do? 0 17 18 A. Q. It does. And for this offense, was he sentenced to 0 19 ten-years confinement in TDC? 20 A. He was. D 21 Q. In the other judgment that's in here, in this D 22 same pen pack, was he sentenced to five-years confinement 23 in TDC? 0 24 A. He was. 0 25 MR. CALVERT: Judge, I would offer -- just DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 n 36 0 1 2 to keep it all together, I would go ahead and offer State's Exhibit 24, which is the fingerprint card. 0 3 (State's Exhibit No. 24, fingerprint card, 4 offered.} 0 5 MR. GRAY: Judge, we have no obj'ection to D 6 that. 7 THE COURT: 24 is admitted. 0 8 (State's Exhibit No. 24 admitted.} n 9 10 MR. CALVERT: I'll pass the witness, Judge. CROSS-EXAMINATION 0 11 BY MR. GRAY: 12 Q. As to everything that you've testified in regards 0 13 .to the Judgment and Sentences, you don't have any personal 0 14 or direct knowledge as to any of those allegations or any 15 of the facts contained in any of those allegations; is 0 16 that right? 0 17 1
8 A. Ido not. MR. GRAY: Pass the witness. 0 19 MR. CALVERT: No further questions, Judge. u 20 21 We'd ask that he be finally excused. THE COURT: You're finally excused. 0 22 THE WITNESS: Thank you, Your Honor. 23 THE COURT: Call your next. 0 24 MR. CALVERT: We'll rest, Judge. 0 25 MR. GRAY: Judge, we would waive any kind of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 n L 37 0-- 1 opening at this point, but we would call Kenneth Greer to 2 the stand. 0 3 THE COURT: Okay. (Witness sworn.) B 4 5 THE COURT: Have a seat. n 6 7 KENNETH GREER 1 having been first duly sworn, testified as follows: 0 8 DIRECT EXAMINATION 0 9 10 BY MR. GRAY: Q. Mr. Greer, can you hear me okay? D 11 A. Yes. 12 Q. Okay. And how are you related to David Greer? 0 13 A. He's our first son. 0 14 Q. Okay. And do you -- do you and your wife have 15 any other children? 0 16 A. We have one. 0 17 18 Q. A. Okay. Is that a brother? He's got another son. 0 19. Q. Okay. And I kind of want to do this in a 20 piecemeal thing. I'd like to talk about the first part of 0 21 his life with you and the later part with his mom. But 0 22 going back to his childhood, did -- how far did he get in 23 school? 0 2
4 A. Ibelieve he completed the ninth grade here in 25 Bryan public schools. D DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 8 272ND DISTRICT COURT 0 0 38 o-. 1 Q. Okay. How did he do in school? 2 A. He did fairly well. I mean, he passed. 0 3 Q. Okay. In visiting with his teachers, was it a 4 situation that he could have done better if he applied 0 5 himself? 0 6 A. Oh, yeah, from what his teachers told us, yeah, 7 they said if he had-- he could have done a lot.better. n 8 Q. Okay. 0 9 10 A. Q. Because he had the inteliigenc~ to do it. Okay. And, in fact; did -- and I understand this 0 11 may have occurred ~hile he was incar~erated, btib did he 12 obtain his GED? · 0 13 A. Yes. Yes, he did. 0 14 Q. And do you know how well he did? 15 A. Well, from what we understand, he made one of the 0 16 &-i '.' _,,...... highest grades ever made over in Linden School. . 0 17 18 Q. Okay; Was he actually required to retake it because they didn't belie:ve he scered .so high? 0 19 A. Well, I don't know if h~ retook it, but they 20 tried to make him retake it. But it was never -- I'm not 0 21 for sure if he had to retake it or not.· 0 22 Q. Okay. Did he have a normal childhood for the 23 most part? 0 24 A. Yes, as far as -- you know, as far as what we 0 25 consider normal nowadays, you know. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 D 39 1 Q. Okay. And at some point, he started getting in 2 trouble with the law; is that right? 3 A. Yes. 4 Q. About when was that, do you think? 5 A. Oh, I think, like, 16 .. I think he was around 16 0 _7 6 years old. n 7 8 Q. anything? Okay. What do you attribute that to, if 8 9 10 A. Well, we found out he was running with some older guys; and what I've read through the years, these older I1 11 guys have gotten into trouble themselves and have been 12 adjudicated in cases. 0 13 Q. Not to make any excuses -- 0 14 A. Right. 15 Q. -- for David. I mean, he can choose whatever 0,· 16 direction in life he wants to go? D 17 18 A. Exactly. Q. What kind of person is he? 0 19 A. A very good person. Good natured person. A 20 helpful person. When I need help, you know, he's always 0 21 there, you know. 0 22 Q. Okay. And I -- and you've heard all the 23 allegations that the State has -- and you were here during 0 24 the jury trial as well; is that right? 0 25 A. Yes. DENISE C.PHILLIPS, CSR ,o··· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 40 1 Q. Okay. And you've -- you've listened to some of 2 the some of the allegations and the judgments and the nu 3 crimes that the State's alleged that he has committed. B 4 5 So, he's had some problems in the past with the law; that fair to say? is 0 6 A. Uh-huh. Okay. I have to agree to that. He has paid for those convictions. Is 7 Q. 0 8 that a true indicator of who he is? 0 9 10 A. Not really. I mean, just bad choices and -- but as far as an individual, he's a good person, you know. D 11 Q. Obviously, this is a -- this is the type of case 12 that the Judge has the ability to sentence him in a wide 0 13 variety of time in the penitentiary. But in all 0 14 likelihood, he will go to prison for a period of time. Do 15 you understand that? 0 16 A. Yes. Uh-huh. 0 17 18 Q. parole out. Okay. But obviously 1 there's an ability to At that point, do you think if he's given 0 19 20 that opportunity to come back out, he'd be okay in society? 0 21 A. Well, we've been visiting with him at the jail; 0 22 and he told us the other day, "I think it's ~ime for a 23 change." 0 24 Q. Okay. I know it's late in life, obviously, for 0 25 him; but I guess folks can change at any time? DENISE C.PHILLIPS, CSR o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 fl ,) 41 1 A. Correct. D--- _J 2 MR. GRAY: I'll pass the witness. _o 3 THE COURT: How old is he? 4 MR. GRAY: He's 45. 0\ 5 THE WITNESS: Forty-five. Uh-huh. 0 6 THE COURT: Okay. CROSS-EXAMINATION Go ahead, sir. 7 8 8 BY MR. WARD: 0 9 10 Q. Mr. Greer, I just have a few questions for you. You said David's your first son? 0 11 A. Yes. 12 Q. And you love him? 0 13 A. Oh, yes. D 14 world? Q. Love him more than probably anything in the 15 0 16 A. Well, all my family, yeah. I don't love him any 0 17 18 more than I love my other son, you know. Q. But you don't want to see anything bad happen to 0 19 him? 20 A. Oh, no. I don't think anyone -~ if anyone ever 0 21 wants to see something bad with their children, there's 0 22 something wrong with them. 23 Q. And you've been there for him his whole life? 0 24 A. Consistently. 0 25 Q. And you provided him advice about the things that DENISE C.PHILLIPS, CSR 0' OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n 42 0 1 he's been doing wrong in his life? 2 A. Oh, ye~. 0 3 Q. And you know all the bad things that David has 0 4 5 done throughout his life? A. Yes. Uh-huh. 0 6 Q. And you know that in order to stop doing the 7 things that he's doing, he's going to have to change his 0 8 ways? 0 9 10 A. Q. Yes, I sure do. I mean, yeah. And that he's had multiple opportunities. In 0 11 fact, this will be his fourth felony conviction; and he 0 12 13 still hasn't changed his ways. A. Is that a question you're making to me? D 14 15 Q. A. Yeah. I mean, did you ask me a question? 0 16 Q. Did you know this is going to be his fourth 0 17 18 felony conviction? A. I didn't know which number it would be. D 19 Q. But you know he's had multiple felony 20 convictions? 0 21 A. Oh, yes, I knew he had two different numbers. 0 22 Q. Did you know his last conviction was for 40 23 years? 0 24 A. Yes. Yes. 0 25 Q. And you don't think that that would be enough -- DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 l ~· 43 l :~ 1 enough motivation for him to change his wa~s back in 1997?
2 A. Ican't say yes or no. I mean, you know, because lJ he paroled out in '05; and, I mean, I know what y'all have 3 } 4 5 shown here; but yes, he's done good, Q. too, you know. Did you talk to him about changing his ways after 1 6 he paroled out? 7 A. Oh, yes. Uh-huh. 1 8 Q. Did you know that he was arrested in 2007 for 9 carrying a gun and having suspected drugs on him? J 10 A. That drug part is brand-new to me, but I knew } 11 about the gun thing. It was -- it was thrown out, is all 12 I know. He was never prosecuted for it. ] 13 Q. · Do you know that between the time that he went to ~ 14 ja~l for 40. years in Grimes County in his first couple of J 15 felonies, he had another unlawful possession of a weapon? ~ 16 Did you know that?
17 A.No, I don't know that one. J 18 Q. Okay. Do you know he was in jail in Burleson J 19 County 1 20 A. Yes. J 21 Q. -- in 2010? 22 A. Yes, which I think was reduced to a misdemeanor. J 23 I don't know. I mea~, that's what I understood. I don't ~ ~ 24 know. 25 Q. David has children; is that correct? l. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DISTRICT COURT 44 A. Yes, three. Q. All boys or boys and girl? A. One girl and two boys. Q. One girl and two boys. Okay. What kind of effect has his life had on his children? A. Not a positive one, but yet all three of them still love him. Q. Okay. What do you mean by not a positive effect? A. I mean, they see what's going on; and they want to not do the same things, put it that way. Q. Isn't it true that they've been in and out of trouble as well? A. No, one has. Q. Okay. A. And he was a minor at that time, and he's doing good now. Q. Okay. A. The other two, the daughter has a -- his first grandchild, our first great grandbaby. MR. WARD: Nothing further, Your .Honor. REDIRECT EXAMINATION BY MR. GRAY: Q. Mr. Greer, you've -- you've worked very close with my law firm; is that right, ov~r the last, I guess, nine months? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT lJ 45 ) \ 1 A. Several months. !···· 2 Q. Several months. And you've assisted in any 3 possible way that you can in his defense, and you've 4 always cooperated with us and everything, didn't you? 5 A. Yes. Uh-huh. 6 MR. GRAY: Pass the witness. 7 MR. WARD: Nothing further, Judge. 8 THE COURT: You can step down, sir. 9 Call your next. 10 MR. GRAY: We would call Ms. Greer, his mom, 11 Judge. 12 (Witness sworn.) 13 THE COURT: All right. 14 ANNETTE GREER, 15 having been first duly sworn, testified as follows: 16 DIRECT EXAMINATION 17 BY MR. GRAY: 18 Q. Can you state your name for the record? 19 A. Annette Greer. 20 Q. Annette, I apologize. I know you corrected me 21 yesterday. I think I left you some messages and called 22 you Lynette. So, I apologize for that. 23 How are you related to David? 24 . A. His mother . 25 Q. Okay. And we've already heard from his father DENISE C.·PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 46 1 that he has another sibling, a brother; is that right? 2 A. Uh-huh. 3 Q. Okay. And I know his dad had mentioned his 4 children. What are their -- two boys and one girl; is 5 that right? 6 A. Uh-huh. Danielle is 23. 7 Q. Okay. What are their ages? 8 A. She's 24 and has the grandbaby. 9 Q. Okay. 10 A. And David Wayne is 20, fixing to be 21. And 11 Damian, his youngest, is fixing to be this month 16. 1 12 Q. Okay. And his daughter just recently had a t 13 grand -- a child? 14 A. Uh-huh. He's two. 15 Q. He's two. Okay. And has David had an 16 opportunity to see the child? 17 .A. Oh, yeah, they're close . 18 Q. Okay. 19 A. That's what possessed him to straighten his life 20 up. 21 Q. Okay. Now, I guess that would be -- that would 22 be his only grandchild; is that right? 23 A. Uh-huh. 24 Q. Is it a boy or girl? 25 A. A little boy. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 47 t. 1 1 Q. A boy. 2 Okay. We've heard some about his growing up 3 as far as his school life and talked a little bit about 4 his children. 5 Would you agree with your husband/ his 6 father, that, at some point, he started getting in trouble 7 with the law? t ) 8 A. Yeah. 9 Q. Okay. And I understand that that's probably 10 something you're not horribly proud of; is that fair to 11 say? 'I 12 A. That's right. J 13 Q. And-David is 45; is that right? 14 A. Uh-huh. Yes. 15 Q. Is his birthday in December? 16 A. Yes. 17 Q. He has been in jail here in Brazos County for a 18 period of time; is that right? 19 . A. Uh-huh. 20 Q. And that's, I guess, one'of the reasons why 21 you-all have worked so well with our office is because 22 he's been in jail; but you guys have been out and able to 23 work with us; is that right? 24 A. Uh-huh. 25 Q. Are you aware of any kind of health problems that DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 48 [~( 1 he has at all? ~ ·. `` A. Oh, yeah. n 2 3 Q. And what would that be? 4 A. He's a bad diabetic. He has to have insulin 0 5 every day. His legs, they're going numb due to a back 0 ' 6 injury and just his overall health. 7 Q. Okay. As to the diabetes, has he had that all D - 8 his life? D 9 10 A. Q. No, he's had that, like, five years. About five years? u 11 A. Uh-huh. 12 Q. And does he have to -- so, he has to take insulin 0 13 shots? u 14 15 A. Q. Yes, every day. Okay. Has there been any problems or any issues D 16 while he's in jail as far as his diabetes? D 17 18 A. Oh, yeah. They don't -- you know, when you have -- when you're a diabetic, you need to be on a 0 19 special diet; and all they gave him is starches, which 20 makes his blood sugar go sky high. 0 21 Q. Spikes, right? 0 22 23 A. Q. Right. Okay. I know as to his -- his legs, and we 0 24 haven't had him necessarily walk a lot in this trial or 25 anything like that, but they did seize a couple of canes 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT (} 49 1 in the evidence that came out in the jury trial in the 1--. 2 listing. Does he use a cane? l 3 A. Yes, he uses a cane all the time. 4 Q. Is that due to his legs? l 5 A. Uh-huh. Because his knee just goes out, and he 6 just hits the ground. 7 Q. As I explained to -- and you were here when I was 8 speaking to his dad, the Judge has a pretty significant 9 range of punishment in the case, depending on what occurs. 10 If no enhancements are found true, this is actually a 11 third-degree felony; so, the punishment range would be two 12 to ten. If one enhancement is true, it's two to twenty; 13 and if two enhancements are true, there's a possibility 14 he'd be looking at a minimum of 25 all the way to life. 15 So, there's everywhere from two technically all the way up \ u 16 to life. So, there's a pretty significant range of 17 punishment. But he will have to do some time in prison 18 for sure. We know that. 19 You know, what are your concerns as to any 20 kind of a significant or a long sentence? 2
1 A. I'm afraid he'll die in prison. 22 Q. Would that be to I guess he's not exactly a 23 spring chicken; is that fair to say? 24 A. (Nods head.) 25 Q. And also, some of his health concerns? DENISE C.PHILLIPS, CSR ~; OFFICIAL COURT REPORTER I. j 272ND DISTRICT COURT } 50 1 A. (Nods head.) 2 MR. GRAY: I'll pass the witness. 3 CROSS-EXAMINATION 4 BY MR. WARD: 5 Q. Ma'am, I just have a couple questions for you. l 6 Your husband said that David is your first 7 son? } .8 A. Yes. 9 Q. And I'm an only son myself; so, I know that you 10 probably love him more than just about anything, right?
11 A. Ilove them all. 12 Q. You want to see him do well. 13 A. Yes. 14 Q. And you don't want to see him get in trouble? 15 A. (Shakes head. ) 16 Q. You've always been there for him?
17 A.We practically raised his kids. We have two of 18 them now. 19 Q. You tried to help him change? 20 A. Yep. 21 Q. And tried to help him change when he got out of , 'I 22 prison the first time; is that right? ( 23 A. We always help him. 24 Q. You tried to help him when he got out of prison 25 the second time; is that right? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 51 1 A. Yep. 2 Q. And you probably really tried to help him when he 3 got out of the prison this last time; is that true? 4 A. Yes. 5 THE COURT: What's the other son's name? 6 THE WITNESS: Will. 7 THE COURT: Will? 8 THE WITNESS: Uh-huh. David and WilL 9 THE COURT: Okay. 10 THE WITNESS: My son's name is Dave Greer, 11 not David. His name is Dave. 12 Q. (By Mr. Ward} Do you remember when Dave was in 13 prison in 1995? 14 A. Yes. 15 Q. It seems like a long time ago, doesn't it? 16 A. Yes. 17 Q. Was he still a young man then? 18 A. Yes. 19 Q. Did he try to change his ways when he got out? 20 A. He always tries to change his ways. 21 Q. Do you remember when he went back to prison in 22 1987? 23 A. Yeah. 24 Q. And do you remember when he got out, did he try 25 to change his ways then? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT } 52 1 A. Yes, pretty much. 2 Q. And when he went to prison again in 1997, when he 0 3 got out, did he tell you that he was going to try to change his ways then? 0 4 5 You have to answer yes or no for the court D· 6 reporter. 7 A. Yes. 0 8 MR. WARD: Nothing further, Judge. D 9 REDIRECT EXAMINATION 10 BY MR. GRAY: 0 11 Q. We've heard a lot of the bad acts that he's done, 12 the prison sentences; and the Prosecution is continuing to 0 13 reference those. I mean, there's a good side to -- 0 14 A. Oh, yeah. 15 Q. -- Dave, though, isn't there? D 16 A. Uh-huh. D 17 18 Q. others? Has he -- have you seen him be generous to 19 A. Oh, yeah. 20 Q. What would be an example of that? D 21 A. Well, you could be broken down on the side of the 0 22 road, and Dave's going to be the first one to stop and 23 help you. He'll help anybody. 0 24 Q. In fact, there was a witness we had planned to 0 25 call, human services,' Charmaine; and she was not able to DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 } 53 1- 1 2 get off of work; but do you have any specific knowledge as to how he might have helped her? l J 3 A. Yeah, he was -- 4 MR. WARD: Objection, Judge, hearsay. 5 MR. GRAY: Not if she has direct knowledge. 6 THE COURT: I'm going to go ahead and hear 7 it. 8 Go ahead, sir. 9 A. Her car air-conditioner had gone out, and she was 10 talking to him, and he got her the part and took it to her 11 that afternoon, and she appreciated it. ~ 12 Q. (By Mr. Gray) Did he charge her anything for that? j 13 A. No, he did not. 1 j 14 Q. Okay. You've seen him interact with his -- I 15 guess not only his kids, but even more importantly, his J 16 grandson; is that right?
17 A.Oh, yeah. 18 Q. Okay. And 19 A. He takes .his kids fishing. 20 MR. GRAY: Pass the witness. 21 MR. WARD: Nothing further, Judge. 22 THE COURT: You can step down, ma'am. 23 Call your next. 24 MR. GRAY: Judge, we would rest. 25 MR. CALVERT: Close. DENISE C.PHILLIPS, CSR 1 OFFICIAL COURT REPORTER d 272ND DISTRICT COURT l J n 54 D 1 THE COURT: Final arguments. 2 CLOSING ARGUMENT BY MR. CALVERT D 3 MR. CALVERT: Judge, I can stand here all 4 day and try; but I would never, ever be able to sum this 0 5 case up any better than the Defendant did when he told o- 6 that jailer, "I don't follow the rules. I'm not going to 7 start now." And he has spent literally a lifetime showing 0 8 us and showing you that. D 9 10 You know, it is not enough that'sometimes It's not enough he's capable of being nice to people. 0 11 that sometimes he takes care of his children. Those are 12 things that all of us are supposed to do and expected to D 13 do every day of our lives, anyway. And yet with him, time D 14 and time and time and time again here we are with his 15 stated philosophy, "I don't follow the rules. I'm not 0 16 going to start now." 0 17 18 I mean, he's been to prison three separate times for four separate felonies. He's breaking into D 19 people's houses. He's stealing. He's carrying guns. 20 He's involved with drugs. This is somebody who, you know, 0 21 in 1997, a jury in Grimes County made it very, very clear D 22 that they want our community and communities to be done 23 ,with this individual. 0 24 They gave him a 40-year pop, so that law 25 enforcement and people in the community would no longer D DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER o· 272ND DISTRICT COURT 0. 55 'I l 1. 2 have to deal with him because he's not going to stop committing crimes. J 3 And he got the benefit of parole. And, you 4 know, Counsel asked his dad in this case if he gets the J 5 benefit of parole, will he change his way -- well, he was 1 6 on parole. He's on parole until 2037 from the last time n 7 that he went to prison. And since he's been out on ~ 8 parole,_he's been arrested, I believe, at least three ~ j 9 times: He's been convicted of now multiple offenses since 10 he's been on parole. ~ 11 He got arrested for a felony in 2010 in 12 Burleson County, and they pled it down to a misdemeanor ~ 13 that he got the max on. They could have revoked him right 14 then and sent him back to TDC, and they didn't. He got J 15 another benefit; and yet, here we are again. ~ 16 The Defendant has communicated to you, both ~ 17 through his lifestyle, his choices, his actions and 18 literally his words. He is not going to stop. ~ 19 And so, Judge, I'm asking you for so years 20 because he got 40 on his last one. He's on parole for the J 21 next 25 years anyway, so let's do another 25 on top of 22 that. 23 I agree, it's sad; and it's not easy to 24 stand here and ask for this and say this; but I agree with 25 his mother that he's probably going to die in prison. But DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 56 ] ~· 1 he has put himself in that position and no one else. 2 There is not a soul in this world that needs 1 3 to feel bad or guilty about what happens to this 4 individual because he has made his bed, and it's time for 5 him to lie in it. 6 And so, Judge, I'm asking you on behalf of 7 these individuals right here sitting behind me that they 8 do not have to deal with this person in the community 9 anymore. 10 THE COURT: Mr. Gray? 11 CLOSING ARGUMENT BY MR. GRAY 12 MR. GRAY: Judge, normally this offense 13 would be a third-degree felony. It would be two to ten 14 years in prison. The maximum would be ten years. Because 15 he's had some prior convictions and some prior run-ins 16 with the law, he's enhanced. 17 If you find those allegations as true, as to 18 both enhancement paragraphs, he's looking at 25 to life. 19 If you find one of the enhancement paragraphs, he remains 20 at a second degree, it's two to twenty. 21 But, Judge, what concerns me in these types 22 of hearings, especially on the punishment, we have 23 judgment after judgment after judgment that we lose focus 24 of the offense itself. Yes, he violated the law. We may 25 not agree with the jury's decision. We may not be happy DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 57 0 1 2 with it, but we respect it. But what occurred? There was a .22 pistol, D 3 lowest possible caliber, smallest possible bullets, in a 4 co~t behind the seat in a vehicle that he was driving. 8 5 There's no indications that he led the police officers on D 6 7 any kind of a high speed chase. attempt to get the gun. He did not in any way 0 8 It was found in the coat. He didn't try to 0 .9 10 shoot at the officers, didn't try to resist the officers . There's no evidence from the State of Texas that this is a 0 11 violent man. 12 Primarily, everything revolving -- whether 0 13 it's a gun offense or it's a theft offen~e, we know where 0 14 it's all tying. It's all tying to this methamphetamine. 15 If youlre in that world of methamphetamines, you're going 0 16 to carry a gun. It's not good, but that's the life they 0 17 18 live. But there's no indication that he ever harmed a person or attempted to harm a person in any way. D 19 You know, if it was you or I or even the 20 prosecutors or really anybody in this entire courtroom, if 0 21 we were in that vehicle and that pistol was behind us, 0 22 it's not even against the law. But because he's been to 23 prison, he is under a different set of rules. And that 0 24 pistol should not have been there. 25 0 Judge, as to what they've proven up as to DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 58 0 1 2 evidence in their punishment side of the case, again, we do believe there are some issues with those judgments. We D 3 would ask that you find those not true and restrict your D 4 5 range of punishment to the two to ten. However, we respect your decision, whatever 0 6 that may be. If you do decide to enhance him to the 25 to 7 life, we would obviously ask for something on the low end D 8 of the 25. D 9 10 Judge, 25 years in prison for a 45-year-old that's a diabetic and that has problems is a long time. 0 11 These other sentences, Judge, yes, they are relevant as to 12 punishment; but he has paid his debt to society for these. 0 13 I mean, these aren't just judgments that were never 0 14 punished. He went to prison. He has paid his debt tb 15 society for those. So, it's not as if he was never 0 16 punished for those offenses. 0 17 18 Each and every day he does in prison, Judge, is going to be hard time due to his age and due to his D 19 physical problems. 20 0 21 Again, if you decide to find those enhancement paragraphs true, Judge, we would ask that you 0 22 restrict that punishment to 25 years. 23 RULING OF COURT D 24 THE COURT: All right. Stand up, Mr. Greer. 0 25 (Defendant complied.) DENISE C.PHILLIPS, CSR 0 OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n 59 0 1 2 THE COURT: The Court finds both enhancement counts to be true and assesses your punishment 0 3 at 30 years in the Institutional Division of the Texas 4 Department of Criminal Justice. You are hereby sentenced 0 5 to 30 years. 0 6 MR. GRAY: Thank you, Your Honor. 7 THE COURT: Mr. Greer, you have a right to 0 8 appeal your case. If you can't afford counsel, I'll 0 9 10 appoint one for you. MR. GRAY: Judge, he's sort of referenced 0 11 that already. He would like appointed appellate counsel. 12 I would not want to be that appointed appellate counsel. 0 13 I'd ask that you just appoint somebody off the list. 0 14 THE COURT: Okay. All right. Are you 15 hired? 0 16 MR. GRAY: No, Judge. 0 17 18 THE COURT: MR. GRAY: You were appointed? He's indigent. D 19 THE COURT: We'll go ahead and appoint him a 20 lawyer on appeal. 0 21 MR. GRAY: Okay. Judge, I appreciate that. 0 22 23 COURT COORDINATOR: is Mary Hennessy. The next one on the list 0 24 THE COURT: Stay in touch with your lawyer, 0 25 Mr. Greer, because if you lose at the first level of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT D 60 [I D 1 2 appeal, you can appeal it to the next level; but if you don't know that you lost, you might miss the 30-day [l 3 deadline to appeal to the next level. 4 THE DEFENDANT: All right. 0 5 (Proceedings concluded.) 0 6 7 D 8 0 9 10 0 11 12 0 13 0 14 15 0 16 0 17 18 D 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT D r? 0 1 State v. David Duane Greer 11115/12 Vol 5 23 (12) 4/22 27/23 28/4 28/7 979-822-4759 fl] 2/12 22/25 22/25 23/J 25/13 26/2 26/6 1 - - - - - - - - - - - - 1 28/11 28117 28!19 28/23 28/25 A 2611 o 26112 26/24 2916 2918 2918 0-· '05 [1) 43/3 '97 f11 31112 29/1 29/20 46/6 1 . . : . . : : - - - - - - - - - - - l 32/7 35/4 35/7 35/11 35/14 49/25 24 [8) 4/23 14/9 14/21 36/2 36/3 ability [2) 40/12 40/17 ~....1..!..``'-----------1 36/7 36/8 46/8 able [6] 20/13 27/1 28/10 47/22 always [5) 39/20 45/4 50/16 50/23 51/20 1-------------124007265 (1] 2110 52/25 54/4 Annette [4] 4/9 45/14 45/19 45/20 D -E-R Ill 12/20 24036308 [I) 2/4 1-=-~..!.J.....:.=~-------124077302 [I] 2/5 1 - - - - - - - - - - - - - - t 2 5 (10) 4/13 4/19 49/14 55/21 .22 (1) 57/2 55/21 56/18 58/6 58/8 58/9 58/22 50/10 56/3 about [17) 5/7 14/19 23/7 23110 another [8) 24/7 25/14 25/18 23/14 24/12 31111 37/20 39/4 37118 43/15 46/1 55/15 55!21 41/25 43/5 43/11 47/2 47/3 48/10 answer [I) 52/5 Antonio [2) 13/2 13/19 .380 (2) I 0/5 10/5 26 [2) 4/13 4/19 above [3) 1/15 61/5 61/7 any [40) 8/9 8/18 9/6 10/7 I 0/19 0 ".9~J..::r1.l.--"'l.9/'-'-1~9--------i26th [3) 1/23 2/6 61/18 / 1 - - - - - - - - - - - 1 2 7 2 (1) 1/3 27 (3) 4/14 4/19 13/2 above-styled [1) 61/7 above-titled [1) 1/15 act (2) 33/16 34/10 10/20 10/25 10/25 11/9 12/1 12/2 15/13 15/23 15124 17123 25/1 33/15 33/15 33117 33/19 36/13 l!-'/s!..JI~i11~61~11~5--------1272nd [4) 1/8 1122 6114 61/17 actions [1) 55/17 36/14 36/14 36115 36/25 37/15 D 1 I0-13-00049-CR [I] 1/4 28 (2) 4/21 4/22 1 - - - - - - - - - - - - - 1 2 8 5 [I) 24/8 29 ri1 4/22 activity (1) 7/9 acts (4) 32/11 33/19 33/22 52/11 actual (2] 13/25 15117 39/13 40/25 41/16 45/2 47/25 48/15 48/15 49119 5311 54/5 57/6 57/6 57/18 61110 103 [I] 2/11 actually (8] 8117 10/19 1211 23/25 anybody (2] 52/23 57/20 3 - - - - - - - - - - - - - - 1 2 4 / 5 27/15 38/17 49/10 0 12 [1) 4113 12/31113 (1] 61/20 13 (1] 61/20 1 30 (6] 4/20 4/20 4/21 4/21 59/3 59/5 addition [2) 2114 33/16 anymore (1) 56/9 anyone [3) 8/12 41120 41/20 additional (5) 15/25 20/23 22/24 anything [12] 9/7 10/8 1111 11/7 IS (5) 3/2 4/2 4/18 5/2 14119 30-day [I] 60/2 28/22 30118 15/24 32/6 39/8 41114 41/18 48/25 0 15269 (4] 19/23 22/25 23/10 25/14 300 [3) 1/23 2/6 61/18 310 [I) 2/6 15341 (8] 17/15 18/3 18/10 19111 3235 [I] 2112 adjudicated [I] 39/12 adjudication (I] 31/23 admit (2] 25/3 34/13 50/10 53/12 anyway (2) 54/13 55/21 apologize [2) 45/20 45/22 19/20 22/14 22/18 22/24 35 [I) 13/8 admitted [21] 4/17 16/25 17/1 appeal [5] 59/8 59/20 60/1 60/1 0 15th [I] 1114 36 [3) 4/14 4/23 4123 17/3 21111 22/2 22/3 22/11 25/4 60/3 16 (3] 39/5 39/5 46/11 37 [I] 4/10 25/9 27/10 27/11 27/16 28/25 29/1 Appeals (1) 114 166 (1] 24/8 3rd ril 61113 29/21 30/21 30/22 35/8 36/7 36/8 appear [2) 17110 20/25 17 (14) 4118 4/18 15/2 15/5 16/11 advice (1) 41/25 appears (2) 20/12 33/8 17/117/3 17/10 17113 17/23 22/11 4 advisement [I] 32/24 appellate (2) 59/11 59/12 0 26/4 26/8 31110 1717585 (1) 26/1 I8 [8] 4/19 25/18 25/23 26/14 40 (4] 31117 42/22 43/14 55/20 40-year [I] 54/24 404 (3]33117 34/1 34/3 afford (I] 59/8 afraid [1] 49/21 after [3) 43/5 56/23 56/23 applied [I] 38/4 appoint [3] 59/9 59/13 59/19 appointed [3) 59111 59/12 59/17 26/16 26124 27/11 27/15 408765 [I) 22/21 afternoon [I] 53/11 appointment [I] 10115 0 19 (13] 4/1919/4 20/1 20/4 20/11 41 [I] 4/10 20/23 22/15 22/19 25/4 25/8 31/19 4221 (2) 1/24 61/19 31/22 33/1 4320 (I] 2/7 again (5) 52/2 54/14 55/15 58/1 58/20 appreciate (1] 59/21 appreciated (I] 53/11 against [4) 8118 25/14 32/2 57/22 approach [I] 14/4 19-A (18] 4/20 18/5 18/17 18/18 44 (1] 4/11 age (1) 58/18 are (33) 6124 7/7 14/21 16/216/2 0 18/21 20/120/4 20/22 21/23 21125 45 [3] 4/9 41/4 47113 22/2 22/3 22/4 22/7 22/9 22/17 22/24 25/11 45-year-old [I] 58/9 4759 Ill 2/12 ages [I) 46/7 ago [4) 8/6 14/19 33/6 51115 agree [5) 40/6 47/5 55/23 55/24 20/3 23114 24/9 27/24 27/25 28117 28/25 29/10 30/3 30/5 30/20 30/21 37/12 45/23 46/4 46/7 47/25 49/10 19-Aipha [I) 18/6 56/25 49/13 49/19 54/11 54/12 54/14 0 1987 [1) 51122 1995 [I] 51/13 5 50 [2) 4/9 55/19 I997 (6] 1717 3112 31/7 4311 52/2 500 [I] 13/15 1-5"-.:4~/2::..!1_ _ _ _ _ _ _ _-152 [I] 4/9 ahead [10) 5113 5115 5/23 6/11 12/14 36/1 41/6 53/6 53/8 59/19 air (1) 53/9 air-conditioner [1) 53/9 55/15 58/2 58/11 59/4 59/14 area [I] 7/8 aren't (I] 58113 ARGUMENT [2) 5412 56/11 2 1-:;!5~7.1!itl~l3!:!4~/2'---------lall [40) 5/9 5/23 6/7 8/9 8/18 0 1-------------16 20 [13) 4113 4/19 4/20 4/20 30/2 1 - - - - - - - - - - - - 1 26/12 32/21 34/4 36/1 39/22 40/13 arraign (I) 5113 30/9 30/12 30/14 30/16 30/21 6482 (2) 1/22 61/16 arguments (1] 54/1 10/24 14/25 1511 21119 25/3 25/8 around [3) 35/4 35/5 39/5 41/16 42/3 43111 44/244/6 45113 arrest [3) 8117 9/2 30/24 30/22 30/23 46/10 f.:!6:!!th!..JL'-'!.il~3.:..:..11.!..!12=--------i 47/21 48/1 48/7 48/19 49/3 49114 arrested (4) 7/24 43/8 55/8 55111 0 200 [I) 7/14 2007 (4) 7/14 7/19 8/7 43/8 2010 [3) 29122 43/21 55111 7 49/15 50/11 54/3 54/12 57/14 1 - - - - - - - - - - - i 57/14 58/24 59114 60/4 6115 61/7 ask (9) 14/9 18/6 36/20 42/15 77803 [2) 1123 2/7 allegation [I) 29113 as (82) 55/24 58/3 58/7 58/21 59/13 2012 [4) 1114 3/2 4/2 5/2 77803-3235 [I) 2/12 allegations [9) 16/1 33/5 34/15 asked (2) 31110 55/4 0 2013 [1) 61/13 2037 [1) 55/6 204 (2] 1123 61/18 2I [10] 4121 30/3 30/9 30112 ~7!!.87!.!0::::31...~o1~11....:6"-!l.!..!./1~9-------l 34/16 36114 36/15 39/23 40/2 8 1 - - - - - - - - - - - - - l a l l e g e d [2) 3211 40/3 85th (4) 17/15 18/12 23/1 26/7 56117 along [I) 28/5 asking [2) 55/19 56/6 assesses [I) 59/2 assign (1) 19/16 assigned [I) 22/21 1!=8~th:!..'J..:: ri~l7.:....;11~9----------1Aipha [I) 18/6 0 30115 30/16 30/21 30/22 31/4 46/10 22(11)4/204/21·27/2328/1 9 1------------lalready[S]l5!1716/1522/11 28117 28/19 28/24 29/2 29/5 29/9 919 [I] 23/25 ALPHABETICAL [I) 4/7 45/25 59/11 assignment [1) 7/3 Assistant [I] 2/6 assisted[!) 45/2 ATF [I) 7116 0 29/19 220 (1) 23/24 979-361-4221 [2) 1124 611I9 979-361-4320 [1) 2/7 also [27) 7/15 9/17 13117 15/10 15/25 17/14 19/22 22/9 22/16 attempt [I) 57/7 attempted [I] 57118 u Den1se C. Phillips, CSR [J 0 State v David Duane Greer BRAZOS (14] 1/7 1/17 12/22 11115/12 chase (1] 57/6 Vol• 5 copy (16] 15/2 16/14 16/21 18/9 2 A 17/16 18/12 19/11 22/25 26/7 chicken [1] 49/23 19/4 22/7 23/17 24/1 24/2 24/3 0 attention [1] 7/10 attorney [3] 2/3 2/9 23/2 Attorney's [1] 12/23 30/25 31/7 47/17 61/2 61/4 61/18 child [2] 46/13 46/16 breaking [1] 54/18 briefly [2] 13/13 16/4 childhood [2] 37/22 38/22 children (7] 37/15 41/21 43/25 24/5 24/20 25/20 28/2 28/4 34/8 correct [21] 6/20 8/23 11/4 11/25 12/2 12/3 19/2 19/9 21/24 25/11 Attorneys [1] 2/6 bring [2] 32/8 32/9 44/5 46/4 47/4 54/11 25/12 27/2 31/24 32/4 32/5 34/18 0 attribute (1] 39/7 August [1] 7/19 authenticated [2] 15/9 20/24 broken (1] 52/21 brother [2] 37/17 46/1 Bryan [11] 1/16 1/17 1/23 2/7 choices (2] 40/9 55/17 choose [1] 39/15 35/6 35/13 41/1 43/25 61/5 corrected [1] 45/20 CHRONOLOGICAL [2] 3/l 4/1 correctly [1] 61/9 circumstantial [1] 23/5 cost [1] 61/11 aware Ill 47/25 2/12 4/12 6/9 6/12 6/18 37/25 61/19 I cite [2] 23/24 24/16 could [5] 6/16 38/4 38/7 52121 B bullets [1] 57/3 cited [2] 24/8 24/18 55/13 back [IS] 9/4 9/12 I 0/13 11/24 burglary[6] 17/16 18/14 22/5 classification [2] 13/16 13/18 counsel [8] 15/3 16/6 20/2 55/4 11/24 23/13 31/9 32/22 32/25 25/10 25/15 31/20 clear [2] 32/20 54121 59/8 59/11 59/12 61/6 37122 40/19 43/l 48/5 51/21 55/14 Burleson [31 29/25 43/18 55/12 client [1] 27/1 counseling [1] 35/15 0 bad (10] 32111 33/19 33/21 40/9 41/18 41/21 42/3 48/4 52111 56/3 bag (4] 9/16 9/17 10/21 11123 c caliber (1] 57/3 client's [1] 21/5 counts [2] 6/3 59/2 close (4] 13/8 44/23 46/17 53/25 county (20] 1/7 l/17 12/22 17/7 CLOSING (2] 54/2 56/11 17/16 18112 19/11 22125 26/7 banli [2] 9/16 9/17 call [9] 6/712/812/9 36/23 37/1 club [1] 11/15 29/25 30/25 31/7 35/8 43/14 43/19 0 basis [2] 26/14 34/14 be [45] 1/15 6/2 10/11 12/10 17/25 20/12 20125 22/10 24/20 45/9 45/10 52/25 53/23 called [2] 19/5 45/21 calls (2] 6/9 7/8 coat [2] 57/4 57/8 College (1] 13/4 come [2] 34/9 40/19 47/17 54/21 55/12 61/2 61/18 couple (5] 15/7 32125 43/14 48/25 50/5 27/10 31/12 33/8 33/25 35/5 36/20 CALVERT [5] 2/4 12/18 25/7 committed [2] 34/10 40/3 courses [1] 13/18 0 40/19 42/11 42/16 42/18 42/25 46/10 46/11 46/21 46/22 48/3 48/18 49/11 49/14 49/22 52/17 52/20 52/21 52/22 54/4 54/22 27/13 54/2 came [3] l/15 19/1 49/1 can [17] 12/6 17/17 20/6 21/20 23/16 26/19 32/20 34/7 37/10 committing [1] 55/2 communicated [1] 55/16 communities [1] 54/22 court [23] 1/3 1/4 1/6 l/22 1/22 5/12 6/17 7115 17/15 24/11 26/6 26/7 33/9 34/17 35/9 52/5 58/23 community [3] 54/22 54/25 56/8 59/1 61/4 6114 61/761117 61117 56/13 56/13 56/14 56/25 58/6 39/15 40/25 45/3 45/8 45/18 53/22 compare [5] 18/20 21/6 21/8 court's [1] 24/3 D 58/18 59/2 59/12 61/6 61/12 bearing [1] 18/9 54/3 60/1 can't (4] 2116 21/8 43/2 59/8 28/10 30/8 compared [1] 22/6 courtroom [1] 57/20 CR [1] 114 because [13] 16/20 23/10 38/9 cane [2] 49/2 49/3 comparison [4] 13/11 13/16 13/19 CRF [1] l/3 0 38/1843/247/2149/5 55/1'55/20 56/4 56/14 57/22 59/25 bed [1] 56/4 been [37] 6113 711 7/5 9/23 9/24 canes (1] 48/25 capable (1] 54/10 car [3] 9/4 10/14 53/9 card (5] 4/23 10/12 10/19 36/2 13/20 compartment [1] 9/13 completed [1] 37/24 complied [1] 58/25 crime [1] 13/20 crimes [2) 40/3 55/2 criminal [3] 33/12 34/17 59/4 Cross [5] 4/8 8/4 36/10 41/7 50/3 12/1613/615/3 15/1017/3 20/2 36/3 computerized [1] l/18 CROSS-EXAMINATION (4] 8/4 0 20/24 2112 21/11 22/6 22/11 24/13 25/9 3717 39/11 40/21 41/23 42/1 44/ll 45/15 47/17 47/22 47/22 care [1] 54/11 career [2] 13/9 13/23 carry [1] 57/16 concerns [3) 49/19 49/25 56/21 concluded (1] 60/5 Condition [1] 34/2 36/10 41/7 50/3 crystal [3] 7/25 9/19 9/22 CSI [1] 11/5 48/15 50/16 54/17 55/7 55/8 55/9 carrying [2] 43/9 54/19 conditioner (1] 53/9 CSR [3] 1/22 61/16 61/16 0 55/10 57/22 57/24 before [4] 1116 13/3 13/5 27/15 behalf [1) 56/6 case [21] 9/18 9/19 14/22 16/9 16/17 18/3 19/11 22/13 23/12 confinement (2] 35/19 35/22 consider [2] 34/5 38/25 23/23 23/25 24/l 24/7 24/17 28/11 Consistently [1] 41/24 cumulative (1] 29/9 current Ill 7/3 D behind (3) 5617 57/4 57/21 40/11 49/9 54/5 55/4 58/1 59/8 constantly [1) 17/18 0 being (5] 9122 15/9 15/21 21/3 54/10 believe [5] 21/24 37/24 38/18 55/8 58/2 cases [3] 13/25 24/9 39/12 cause [20) 1/3 1/16 16/1017/15 18/3 18/10 19/11 19/20 19/23 22/14 22/17 22/24 22/25 23/l 0 contain [6) 19/19 19/22 25/13 28/7 30/6 33/5 D.A.'s [1) 13/5 dad [3) 46/3 49/8 55/4 contained [11) 17/24 20/17 21/l Damian [1) 46/11 22/21 25/23 26/3 32/7 33/15 33/19 Danielle [1] 46/6 0 belong [1) 19/13 belonged (1] 28/15 benefit [3) 55/3 55/5 55/15 Besides [1) 13/16 25/14 25/22 25/25 26/2 26/15 6117 34/11 36/15 Certainly [2] 21/20 23/6 16/14 16/20 18/9 19/4 19/7 20/3 containing (1] 19/8 certified (24) 6/24 7/1 13/6 15/2 contains [8] 15/25 20/11 22/5 22/16 24/23 25/10 31/20 61/5 date [2) 10/13 31/11 daughter [2] 44/18 46112 Dave [9] 14/22 19/14 22/20 23/1 26/10 51/10 51/11 51/12 52/15 0 better [3) 38/4 38/7 54/5 22/7 23/17 24/1 24/2 24/3 24/5 continue [1] 33/14 Dave's [1) 52/22 between [1) 43/13 24/20 25/20 27/24 28/1 28/4 28/18 CONTINUED (2) 25/6 27/12 DAVID [16] 1/8 10/9 16/8 20/15 beyond [2) 24/14 34/5 30/3 34/8 continuing (1) 52/12 27/1 37/12 39/15 4213 43/25 45/23 birthday [1] 47/15 certify [3) 61/5 6119 61/11 convenient [1) 24/21 46/10 46/15 47/13 50/6 51/8 51/11 bit (1) 47/3 chambers [1) 61/7 convicted (7) 15/10 16/1 0 16/17 David's [1] 41/10 0 black [2] 9/12 9/16 blood [1) 48/20 both (12] 6/2 16/5 20/2 24/21 change [11] 40/23 40/25 42/7 43/1 50/19 50/21 51/19 51120 51/25 52/4 55/5 17/14 24/13 25/1 55/9 convicting [2] 29/22 33/2 day [1 OJ l/14 7/17 40/22 48/5 48/14 54/4 54/13 58/17 60/2 61113 conviction [13) 22/13 24/5 24/15 deadline [1) 60/3 24/24 27/24 28117 30/3 30/6 55/16 changed [1) 42/12 24/16 24/25 27/16 29/21 30/24 deal (2) 55/1 56/8 0 56/18 59/l boy [4] 12/20 46/24 46/25 47/l boys (5) 44/2 44/2 44/3 44/4 46/4 BPD [3) 6/20 6/22 7/3 changing [1] 43/5 charge [1) 53/12 charged [2) 29/12 29/16 31/4 31/13 42/11 42/17 42/22 debt [2) 58/12 58/14 convictions [4) 31/20 40/7 42/20 deceased [l) 13/21 56115 December [1) 47/15 charges (1) 32/18 convoluted [1) 21/19 decide [2] 58/6 58/20 0 brand(1]43/10 brand-new [1] 43/10 CHARLES [1] 2/4 Charmaine [1) 52/25 cooperated [2] 8/20 45/4 decision [2) 56/25 58/5. copies [4) 20/3 27/24 28/18 30/3 defendant [33) 219 5/13 7/11 7/11 .. Dentse C. Phillips, CSR D n D State v David Duane Greer 48/12 49/2 58117 11115112 exceeding [1] 8112 Vol 5 fixing [2] 46/10 46/11 flip [4] 17/9 18/16 32/22 32/25 3 doesn't [I] 51/15 exclusive [1] 23/21 defendant. .. [29] 7/13 14/20 doing [7] 13/20 23/21 23/22 42/1 excused [4] 12/11 12/12 36/20 flipping [2] 31/21 31/25 14/2216/5 16/9 16/15 17/14 18/22 42/6 42/7 44/15 36/21 Flowers [3] 23/24 23/24 24117 22/6 22/8 22/12 22/15 23/l 24/13 don't [20] 16/6 21/5 21/9 21/12 excuses [1] 39/13 focus [1] 56/23 24/16 25114 27/19 28/11 28/15 21113 34/7 36/13 38119 41116 exhibit [51] 4/15 4117 14/9 14/21 folks [1] 40/25 0 29/22 30/9 30/13 31/22 32/2 33/2 41118 41/20 42/25 43/17 43/23 35/7 54/5 55/16 58/25 43/23 48117 50/14 54/6 54115 60/2 defendant's [S] 3/16 14/13 14/16 done [71 12/24 38/4 38/7 42/4 15/2 15/5 16/6 16/11 17/1 17/3 17/10 17113 18/5 18/17 18/18 18/21 19/4 20/11 21/23 22/3 22/10 follow [3] 21/18 54/6 54/15 following [1] 1114 follows [4] 6/13 12/16 37/7 45/15 24/4 24/25 43/4 52/11 54/22 22115 22/23 25/4 25/8 25/17 25/23 force [1] 8/18 0 defense [7] 5/1 0 15/3 20/2 21124 doubt [2] 24/14 34/5 26/4 26/7 26/8 26/14 26/16 26/24 foregoing [1] 61/5 21/25 23/2 45/3 down [6] 12/6 29/14 45/8 52/21 2717 27/11 27/15 28/1 28/4 28/7 Forty [1] 4115 deferred [2] 3 1/22 33/3 53/22 55/12 28/11 28/23 29/1 29/20 3114 31/9 Forty-five [1] 41/5 degree [3] 49/11 56113 56/20 driver's [1] 24/4 31/19 31/21 3311 36/2 36/3 36/8 found [14] 7/25 10/7 10/9 10/25 Denise [4] 1122 61/4 61115 61/16 driving [5] 7/22 8/8 8/11 3115 exhibits [10] 4/16 20/1 20/4 27/23 22/10 26/3 28115 30112 33/9 34/17 0 Department [3] 13/4 13/20 59/4 depending (I] 49/9 describe [1] 13/13 57/4 drug (2] 9/20 43/10 drugs [2] 43/9 54/20 28/17 28/19 30/2 30/16 30/22 61/9 exist (2] 32/12 32/12 existence [1] 24/24 35115 39/9 49/10 57/8 four [3] 12/25 31/17 54/18 fourth [2] 42/11 42/16 DESCRIPTION [1] 4117 DUANE [1] 1/8 exists [1] 24/15 front [1] 16/7 0 detection [1] 13/11 diabetes [2] 48/7 48/16 diabetic [3] 48/4 48/18 58/10 due [4] 48/5 49/4 58/18 58/18 duly [4] 6/13 12/16 3717 45/15 during [2] 7/25 39/23 expected [1] 54/12 expert [1] 20/18 expiration [2] 15/21 61/20 fully [1] 8/20 furnished [1] 33/24 further (10] 12/5 21125 22/1 did [51] 8/18 8/25 9/2 10/19 10/21 duties [1] 7/7 expired [3] 7/21 8/10 15/11 36/19 44/20 45/7 52/8 53/21 61/9 0 11/1011/1311/1311/1911/23 13/1 14/17 14/18 15/12 17/25 18/2 18/20 18123 18/24 28/13 28/14 DWll1l 24/1 E 30/8 30/10 30/11 33/11 34/16 35/7 Each [1] 58/17 explain [1] 21/21 explained -Ill 49/7 F G 61/11 gave (2] 48/19 54/24 0 35/11 37/22 37/22 38/1 38/2 38/10 EARL [2] 2/10 21125 38/11 38/13 38/14 38/22 42/15 earlier [1] 25/9 42/16 42122 43/5 43/8 43/16 48/25 East [3] 1/23 2/6 61/18 51/19 51/24 52/3 53112 53/13 54/5 easy [1] 55/23 fact [4] 15/10 38/10 42/11 52/24 GED [1] 38/12 fac~s [2] 15/15 36/15 failed [2] 35/14 35/15 fair [4] 9/8 40/5 47/10 49/23 generous [1] 52/17 get (10] 9/6 11/23 12/1 16/19 23/15 23117 37/22 50/14 53/1 5717 57/6 effect [2] 44/5 44/8 fairly [1] 38/2 gets [3] 22/15·23/7 55/4 0 didn't[ll] 8/15 111912/1 23/25 eight [1] 13/19 24/1 38/18 42/18 45/4 55/14 57/8 element [1] 15/22 57/9 elements [2] 24/19 24/22 family [1] 41116 far [6] 37/22 38/24 38/24 40/10 47/3 48/16 getting [4] 5/8 13/8 3911 47/6 girl [5] 44/2 44/3 44/4 46/4 46/24 girlfriend [1] 10/14 die [2) 49/21 55/25 else [1] 56/1 father [2] 45/25 47/6 give [1] 5/8 · 0 diet (1] 48/19 different [2] 42/21 57/23 dire [4] 20/7 20/9 26/20 26/22 end (1] 58/7 endanger [1] 11/9 endangering [1] 8/12 feel [1] 56/3 fees [1] 35/12 felon [1] 15/20 given [2] 33/18 40/18 goes [3] 23/13 28/5 49/5 going [37] 7/10 13/21 14/7 16/23 direct [10] 4/8 6/14 7/10 12/17 enforcement [1] 54/25 felonies [2] 43/15 54/18 17/2 17/9 18/4 18/6 19/3 20/1 23/7 0 25/6 27/12 36/14 37/8 45116 53/5 enhance [1] 58/6 direction [1] 39/16 DISTRICT [8] l/6 1/8 1/22 2/6 enhanced [1) 56116 enhancement [9] 5/19 5/21 5/24 felony [10] 15/11 17/4 22/4 27/17 25/17 26/12 26/14 29/18 30/2 42/11 42/17 42/19 49/11 55/11 56113 31/12 32/22 32/25 34/2 34113 34/14 37/22 42/7 42/16 44/9 48/5 . 12123 17/15 61/4 61/17 1611 49/12 56118 56/19 58/21 59/2 few [1] 41/9 52/3 52/22 53/6 54/6 54/16 5511 [J Division [I] 59/3 do [58] 5/12 5/16 5/21 5/25 7/11 enhancements [3] 5118 49/10 49/13 7/12 7/13 7/17 7/20 9/3 9/11 9/11 enough [4] 42/25 43/1 54/9 54/10 final [2] 24/20 54/1 finally [4].12/10 12/12 36/20 36/21 55/18 55/25 57/15 58/18 gone [1] 53/9 good [13] 5/4 5/5 6116 22/5 22/8 12/21 12/21 1311 14/11 15/16 19/4 entire [2] 5/17 57/20 find [10] 9/11 9/11 17/25 18/24 23111 39/19 39/19 40110 43/4 0 19/6 21/4 21/19 30/6 30/7 30112 entry [1] 24/3 28/14 30/11 56/17 56/19 58/3 44/16 52/13 57/16 32116 33/18 33/21 33/23 35116 especially (I) 56/22 58/20 got [14] 32/23 37/18 50/21 50/24 36117 37/14 37114 37119 38/1 38/9 essentially [1) 19/8 finding [1] 17/13 5113 51/19 51/24 52/3 53/10 55/3 38114 39/4 39/7 40114 40118 42/9 establish [3) 24/13 24/24 34/9 finds [1] 5911 55/11 55/13 55/14 55/20 43/13 43/18 44/8 44/10 49/17 evading [1] 30/24 fingerprint [7] 4/23 13/10 13/18 gotten [1] 39111 D 50112 51112 51/21 51/24 5311 6114 even [3) 53/15 57/19 57/22 54112 54/13 55/21 56/8 58/2 58/6 ever [4] 38/16 41120 54/4 57/17 every [5] 34/11 48/5 48/14 54/13 13/18 22/5 36/2 36/3 fingerprints [7] 13/16 14/15 20/12 23/14 28/8 28/10 28/12 grab [1] 11113 grabbed [1] 24/10 grade [1] 37/24 · docket [1) 24/2 58/17 finish [1] 5/8 grades [1] 38/16 0 document [9) 16/14 16/21 18/7 19/7 23118 24/18 32/17 34112 34/14 everything [3] 36/12 45/4 57/12 everywhere [1] 49/15 evidence [10) 9/7 16/7 16/16 firearm [2] 10/4 I 0/4 firm [1] 44/24 first [17] 5/20 617 6113 12/16 grams [1] 9119 · Granberry [1] 2/11 grand [1] 46/13 documentary [2] 24/23 2511 24119 2511 27/8 4911 57110 58/1 14/25 3717 37/13 37/20 41/10 grandbaby [2] 44/19 46/8 0 documents [3) 20/3 27/24 30/4 19/15 19/1619/18 19119 19121 61/5 does [30] 17/10 17/12 19/13 19113 exactly [2) 39117 49/22 EXAMINATION [14] 6114 8/4 19/22 19/24 25113 25/16 26/6 26/9 12/17 20/9 25/6 26/22 27112 36110 43/14 44/18 44/19 45115 50/6 50/22 52/22 59/25 fishing [1] 53/19 grandchild (2] 44/19 46/22 grandson [1] 53/16 granted [1] 34/20 five [8) 7/6 15111 15/21 27119 granting [1] 31/22 0 28/7 28/9 31/16 31118 31/25 32/3 37/8 41/7 44/21 45/16 50/3 52/9 35/22 4115 48/9 48/10 GRAY [13] 2/10 2/11 8/5 20110 33/5 35/4 35/7 35/10 35/14 35117 example [1] 52/20 five-years [1] 35/22 23/8 26/23 36/11 37/9 44122 45/17 .. 0 Demse C. Phlihps, CSR 0 0 4 State v David Duane Greer 11/15112 Vol 5 Hennessy [1] 59/23 incarcerated [1] 38/11 G her [5] 53/2 53/9 53110 53110 included [2] 26/25 6116 K [l GRAY ... [3]52/10561105611I great [1] 44119 GREER [26] I /8 4/9 4/I 0 5/2I 53/I2 including [1] 24/22 here [16] 16/I7 23110 24/I2 30/24 incorporate [1] 2111I 3I/7 35/2I 37/24 39/23 43/4 47/I7 INDEX [4] 3/1 4/I 4/7 4/I5 keep [1] 36/1 Kenneth [3] 4110 3711 37/6 kids [3] 50/17 53/I5 53/19 I 0/9 I4/22 16/8 I9/I4 20/I5 22/20 4917 54/3 54/14 55/15 55/24 5617 indicate [4] 31/16 31125 35/7 kind [15] 7/9 I0/7 I0/25 10/25 D 23/1 26/10 27/I 37/1 37/6 37/10 hereby [2] 59/4 6115 35/14 I2/l 23/4 32/10 35/12 36/25 37/19 37/12 4I/9 44/23 45/10 45/14 high [3] 38/18 48/20 57/6 indicated [1] 8/22 39/18 44/4 47/25 49/20 57/6 45/19 5I/IO 58/24 59/7 59/25 highest [1] 38/16 indication [2] 29/7 57/I7 knee [1] 49/5 Greg [4] 4/13 12/9 I2/I5 I2/20 him [53] 7/I4 7/I4 7/18 7/20 7/23 indications [1] 57/5 knew (2] 42/21 43/IO Grimes [3] I717 43/14 54/21 indicator (1] 40/8 know (44] 7/8 I0/5 21/10 23/23 B 8/8 8/17 9/2 9/3 9/4 11/17 16/18 ground [1] 49/6 27/9 28/12 29/14 29/22 38/20 indictment [7] 4/21 28/2 28/5 34/2 38/I4 38/19 38/24 38/25 growing (I] 47/2 40/12 40/21 40/25 41112 41/14 28/19 29/6 29/7 29/11 39/20 39/21 40/10 40/24 41117 guess (8] 9/3 I 0/3 40/25 44/24 41/16 41119 41/23 41125 43/1 43/5 indigent [1] 59/18 42/3 42/6 42/16 42/18 42/I9 42/22 46/2I 47/20 49/22 53/15 43/9 44/7 46/19 48/19 48/24 50110 individual [12] 16/9 16/16 19/1 43/2 43/3 43/4 43/8 43112 43/13 guilt (2] 15122 29/7 50112 50/14 50/16 50/I9 50121 I9/14 19/16 22/12 22/20 23/20 43/16 43/17 43/18 43/23 43/24 guilt/innocence [1) 15/22 50/23 50/24 5112 52/17 53110 26/10 40/10 54/23 56/4 45/20 46/3 48/17 48/23 49/18 guilty [1) 56/3 53/14 54/13 54/24 55/1 55/13 individuals (1) 56/7 49/I9 50/9 54/9 54/20 55/4 57113 gun [10] 8/1 9117 I 0/24 11/5 1I/8 55/14 56/5 58/6 59/19 information (4] 10/7 10/20 17/24 57/19 60/2 0 43/9 43/11 5717 57/13 57/16 guns (1] 54119 I!!UVS 131 39/10 39/1147/22 himself (2] 38/5 56/1 hired [1] 59115 his (85] 24/24 initiated (1] 7/9 injury [1] 48/6 knowledl'e 131 36/14 53/1 53/5 L lab [3] 9/23 1113 32/9 hits [1] 49/6 inked (1] 14/13 H 0 habitation [6] 17116 18114 22/5 25110 25115 31/21 half[1] 13/4 Hold (1] 5/20 Honorable (1] 11I6 horribly [1] 47/IO innocence (1] 15/22 Honor (4] 12/10 36/22 44/20 59/6 ins (1] 56/15 Institutional (1] 59/3 insulin (2] 48/4 48/I2 lack (1] 23/8 last [6] 26/25 42/22 44/24 51/3 55/6 55/20 late (1) 40/24 hand (3] ll/15 Il/2I 61/13 intelligence [1] 38/9 Latent (1] I3/20 0 hours (1] 13/I5 handcuffs [1] 9/3 houses (1] 54/I9 interact (1] 53/14 later (1] 37/2I handgun (1] I 0/5 Houston (1] 7115 interrupting [1] I7/I8 law [9] 23/I2 39/2 40/4 44/24 hanging [2) 35/4 35/5 how [17] 5/2I 5/25 6/22 7/I 7/5 investigator (5] 12/22 I3/24 14/7 47/7 54/24 56/16 56/24 57/22 happen [1) 41118 7/13 I2/24 13/6 21/I8 23/I3 37/I2 I6/23 25/9 laws [1] 8/9 D happened [1) 7/23 happens [1) 56/3 happy [I] 56/25 37/22 38/1 38/14 4I/3 45/23 53/2 involved (1] 54/20 However [1] 58/5 huh [17) 40/6 40/16 4115 42/5 is [165] isn't [2] 44/11 52/15 lawyer (2] 59/20 59/24 least (1] 55/8 leather [2] 9/12 9/18 hard (1] 58/18 43/7 45/5 46/2 46/6 46/14 46/23 issues (2] 48/15 58/2 led (1] 57/5 0 harm (1) 57118 harmed [I] 57117 hasn't [2] 20/24 42112 47/14 47/19 47/24 48/11 49/5 5118 It'll (1] 27/10 52/16 human [1] 52/25 it's (43] 14/13 15/2 I5/I8 I6/I4 I6/20 16/20 16/25 18/8 20/25 21/5 LEE [1] 2/5 left [2] 35/8 45/21 legs [3] 48/5 48/23 49/4 have [76) hurdle (2] 16/19 23/19 21/9 211IO 211I9 22/7 23/4 23/I6 lesser [1] 29/14 0 haven't [2] 34/3 48/24 having [6] 6/I3 12116 13/17 37/7 43/9 45/15 hurdles [1] 23115 hurt [1] 11111 . husband 121 47/5 50/6 23/I7 26/I 26/15 29/6 29/8 29/8 29/I6 31/12 3217 32/8 32/15 34/8 40/22 40/24 49/I2 54/10 55/23 let [1] 32/I9 let's [1] 55/21 level [3] 59/25 60/1 60/3 he'd [2] 40119 49114 55/23 56/4 56/20 57/13 57/13 license [2] 10/8 24/4 I 0 he'll [2) 49/21 52/23 he's [43] 12112 37113 37/18 39/20 40/4 40110 40/18 4114 42/1 42/7 42/7 42110 42/19 43/4 44/15 46/14 I'd [3] 29/6 37/20 59113 I'll [7] 5/11 14/9 25/3 36/9 41/2 50/2 59/8 57/14 57114 57/16 57/22 58/15 itselff1l 56/24 J lie (1] 56/5 life (15] 37/21 39/16 40/24 41/23 42/1 42/4 44/5 46/19 47/3 48/8 49/14 49/16 56/18 57/16 58/7 46115 47/22 48/4 48/9 48/16 49/22 I'm [32] 7/4 7110 12/22 14/7 jacket (1] 24/3 lifestyle [1] 55/17 0 52/11 54/I 0 54/17 54118 54119 54119 54/20 55/1 55/6 5517 55/8 5519 55/10 55/20 55/25 56115 16/23 17/2 17/9 17/18 18/4 18/6 I9/3 19/25 21118 21124 24/12 25/17 26/12 26/14 29/18 30/2 jail (7] 29/25 40/21 43/14 43/18 47/17 47/22 48/16 jailer [1] 54/6 lifetime [1] 54/7 like [8] 9/7 24/8 37/20 39/5 48/9 48/25 51115 59/11 56/16 56/18 57/22 59110 59118 32/22 32/25 34/13 34/14 38/20 Jones [1] 2/11 likelihood [1] 40/14 0 head [3] 49/24 5011 50115 health [3] 47/25 48/6 49/25 hear [2] 37/10 53/6 49/21 50/9 53/6 54/6 54/15 55119 judge [67] 56/6 I've [7] 13/15 13/I7 14/8 18/4 judgment [62] judgments (7] 19/8 19/10 23/13 limit [1] 8/12 Linden [1) 38116 link [3] 23/19 27/1 27/9 heard [4] 39/22 45/25 4712 52/11 27/22 32/23 39/10 33/18 40/2 58/2 58/I3 linked [3] 22/8 22/14 24116 0 hearings [I] 56/22 hearsay (15] 9/23 I 0/16 10/22 15/9 16/13 16/14 16/20 16/20 identifiable [2] 23/8 27/3 JUDICIAL [2] 1/8 17/15 identification [4) I3/10 I4/8 18/5 jury [8] i6/7 17/11 17/14 17/25 27/23 22/10 39/24.49/1 54/2I linking [I] 10/8 links (1] I6/18 list [2] 59/13 59/22 ' 17/22 20/25 23/17 32/7 3411I identify [2] 20113 2112 jury's [1] 56/25 listed [6] I6/17 22/9 24/4 25/1I 0 34/II 53/4 held (2] 1115 I/17 help (8] 39/20 50/19 50/21 50/23 50/24 5112 52/23 52/23 identifying [4] I0/7 10/8 I3/21 21/I5 identity [2] 24/25 27/9 III [1] 11I6 just [29] 5/7 5/8 5/18 10/3 I3/I7 I5/I3 I5/14 I5/19 17/3 I9/7 24/9 24/I7 25/8 27116 29/2I 32/11 33/6 34/7 35/25 40/9 4I/9 46/I2 48/6 33/6 34/I listened [1] 40/I listing (1] 49/2 litany [1] 24/9 helped [1] 53/2 literally (2] 54/7 55/I8 0 importantly [1] 53/15 49/5 49/6 50/5 50/10 58/13 59/13 helpful (1) 39/20 impressions [1] I4/I3 Justice [1] 59/4 little [4] 6/23 7/2 46/25 47/3 .. 0 Demse C. Ph!lhps, CSR 0 n L 1----------~ 24/10 State v David Duane Greer morning [5] 5/4 515 6116 18/20 O 11/15/12 Vol 5 54/13 54/22 1 - - - - - - - - - - - j O U t (23) 17/7 18/12 19/11 22/25 5 0 Jive [2] 5/12 57/17 Jives [1) 54/13 living [I] 12/21 long [9) 6/22 7/1 7/5 12/24 I317 move [1) 27/15 most [1] 38/23 mother [2) 45/24 55/25 motivation [I) 4311 object [13) 9/21 15/8 15/16 16/2 20/21 20/24 27/6 29/6 29/8 29/9 29115 32/6 32/13 objected [2] 21/10 2717 22/25 39/9 40118 40/19 43/3 43/6 43/11 44111 47/22 4911 49/5 50121 50/24 51/3 51/19 51/24 52/3 53/9 5517 23/13 49/20 5I/15 58/10 moving [1] 13/5 objecting [1] 33/17 outstanding [1] 7/24 !] longer [I] 54/25 look [1] 18/6 Mr [26] 5/21 6/15 8/5 12/18 20110 objection [2I] 10/1610/22 16/13 over [9] 6/23 7/213/15 13/19 23/8 2517 26/23 27/13 27/14 36/1I 16/22 17/18 17/21 20/22 21/25 16/19 23/15 23/17 38/16 44/24 looking [2] 49/14 56/18 37/9 37/10 41/8 41/9 44/22 44/23 22/1 25/5 26118 28/23 28/24 29/3 overall [1) 48/6 lose [2) 56/23 59/25 45/17 50/4 52/10 54/2 56/10 56/11 29/19 32/23 33/15 33/21 34/19 overrule [1] 16/22 0 lost [1] 60/2 lot [4) 9/13 3817 48/24 52111 lots [2] 23/12 23/12 58/24 5917 59/25 Ms [1) 45110 much [1) 52/1 3615 53/4 30/20 overruled [4) 25/5 27/10 28/24 objections [4) 20/23 28/22 30/18 1-'3~0::..:12~0:..-_ _ _ _ _ _ _--t p love [7] 41/12 41/14 41/16 41/17 multiple [3) 42/10 42/19 55/9 observed [1] 8/8 0 4417 50110 50111 low (1] 5817 lowest [1] 57/3 must [1] 24/14 obtain [1] 38/12 P-A-S-C-H-A-L-L [1] 2417 my [9) 7/8 10/13 21/5 27/1 41/16 obviously [4) 40/11 40/17 40/24 pack (20) 4/19 4/19 19/5 1917 41/17 44/24 51/IO 61/13 5817 ~ 19/1019/13 19/19 19/22 21/14 rL"-l.!!vJne::.!t~te:..LI~IlL...4.:.:5::..:12~2,___ _ _ _-t.!!;m=v!se:.!!lfu'fl.!..IlL...:::50~/.£...9_ _ _ _ _--ioccasion [3] 13/24 18/20 30/8 22/16 22/19 22/22 24/4 25/18 .0 M N 1 - - - - - - - - - - - t - - - - - - - - - - - i o c c u r r e d [3) 38111 57/2 6117 ma'am [2) 50/5 53/22 name [7) 6/16 12/19 22/22 45/18 occurs [1) 49/9 occasions [I) 14/2 25/20 26/15 31/20 32/14 32/15 35/22 packet [2) 20/5 26/16 machine [1] 1/19 51/5 51/10 51/11 October [1] 29/22 page [8] 3/3 4/3 17/9 18/16 18/18 0 made [6] 11/10 18/17 38/15 38/16 named [4] 19/14 22/20 23/126/10 off[5) 11/3 18/22 24/3 53/1 59/13 31/21 31/25 3317 54/21 56/4 nature [3] 11/1 1117 15/24 offense [9) 19/23 24/14 27/17 pages [1] 33/1 magical [I] 23/14 natured [1) 39/19 33/2 35/18 56/12 56/24 57/13 paid [5] 4017 58/12 58/14 61112 Main [I) 2/11 necessarily [1) 48/24 57/13 61/12 make [2) 38/20 39/13 need [5] 5113 5116 21/15 39/20 offenses [2] 55/9 58/16 paid/will [1) 61/12 0 makes [1) 48/20 maldng [1) 42/13 man [2) 51117 57/11 48/18 needs [1] 56/2 never [6) 11/6 38/20 43/12 54/4 offer (7] 15/1 20/1 26/14 28/17 30/14 35/25 36/1 Paragraph (2] 5/19 5/24 paragraphs [5] 5/14 16/1 56/18 offered [IO) 4/1715/615/14 1617 56/19 58/21 many [2) 14/2 14/3 58/13 58/15 20/5 26/17 28/20 30/17 36/4 61/10 paraphernalia [1) 9/20 0 marijuana [2) 32/4 34/24 marked [4) 5/8 14/8 18/4 27/22 Mary [1) 59/23 new [1) 43/10 next (12] 12/8 2317 31/25 34/25 offering [1) 29/10 parole (11) 10/12 10/19 10/20 office [4) 12/23 13/5 13/20 47/21 40/18 55/3 55/5 55/6 55/6 55/8 35/2 36/23 45/9 53/23 55/21 59/22 officer [14) 6/24 7/1 7/4 7/5 717 55/10 55/20 match [3) 21/4 2617 30/13 60/1 60/3 . 10/12 10/20 12/6 12/10 13/2 13/6 paroled [2) 43/3 43/6 0 matched [I] 22/6 max [1) 55113 maximum [1) 56/14 nice [1) 54/10 nine [1) 44/25 ninth [1) 37/24 13/23 35/8 35/9 officers [3) 57/5 57/9 57/9 part [5] 37/20 37/21 38/23 43/10 53/I 0 Official [4) 1/22 61/4 61/I3 61/17 participate [I) 35/I5 may (19) 12/10 14/4 14/6 17/20 no [76) oh [14] 5/13 38/6 39/5 41/13 particular [7] I0/6 15/13 19/16 0 20/25 21/17 24/20 24/21 32/11 32/11 32112 32/12 33/14 34/9 38/11 56/24 56/25 58/6 61113 mean [15] 21/6 34/1 38/2 39/15 No. [2] 1/3 22/18 No. I2-03324-CRF-272 [1] 1/3 No. 15341 [I) 22/18 Nods [2] 49/24 50/1 41/20 42/2 42/21 4317 46/17 48/2 22/21 27/9 32/9 32/11 48/17 52/14 52/19 53/17 okay (76] old (3] 39/6 41/3 58/9 parties [2] 61/6 61/10 Paschall (2] 2417 24/I2 pass [9] 8/3 12/4 27/5 36/9 36/18 0 40/9 42/9 42/15 43/2 43/3 43/23 normal [2] 38/22 38/25 older [2] 39/9 39/10 41/2 45/6 50/2 53/20 44/8 44/9 52/13 54/17 58/13 normally [1] 56/12 one [40] 5/19 5/25 15/3 16/9 passed [1] 38/2 means [1] 24/21 not [64] 16/16 18/25 19/10 21/3 21/10 22/9 passenger [1] 9113 mentioned [I] 46/3 noted [1] 6/2 22/12 23/11 23/16 23/2I 23/23 past [1] 40/4 messages [1] 45/21 nothing (6] 12/5 23/14 44/20 4517 24/I5 29/24 32/10 32/20 33/11 patrol [6] 7/4 7/5 7/7 7/8 9/4 0 methamphetamine [6) 7/25 9/20 52/8 53/2I 16/11 17/5 31/14 57/14 methamphetamines [4) 9/22 35/1 33/25 34/1 34/3 notice [6] 33/17 33/I8 33/19 34/3 34/I6 34/25 35/2 37/16 38/15 10/13 43/17 44/3 44/4 44/6 44/13 46/4 47/20 49/12 52/22 55/20 5611 paying (1) 35/12 peace [3] 6/24 7/1 13/6 35/3 57115 notifying (1] 35/9 56119 59/9 59/22 pen [21] 4/19 4/19 19/5 1917 0 might (4) 1I/1I 25/2 53/2 60/2 minimum [1] 49/14 minor [1] 44/15 November [5) 1/14 3/2 4/2 5/2 31/12 now (24] 7110 8/22 1116 13/8 only [7] 10/1 16119 23/9 34/14 46/22 50/9 53/15 open [1] 6117 19/10 19/13 I9/19 I9/22 20/4 21/14 22/16 22/19 22/22 25/18 25/20 26/15 26/16 31120 32/14 minute [I] 33/6 14/24 16/24 17/2 17/9 18/4 18/16 opening [3] 6/4 6/5 37/1 32/15 35/22 0 minutes [I] 14/19 misdemeanor (2) 43/22 55/12 miss (1) 60/2 mode [1) 24/18 19/3 19/3 25/17 27/14 27/22 30/2 opportunities (I] 42110 31/9 32/24 44/16 46121 50/18 5417 opportunity (2] 40/19 46/16 54/16 5519 nowadays [I] 38/25 order [2) 33/1 42/6 ordered [1) 35/16 penitentiary (I] 40/13 people [4] 32/9 35/4 54/10 54/25 people's (1) 54/19 period (2) 40/14 47/18 0 mom (2) 37121 45/10 moment[!) 5/8 month (1) 46/11 months [3) 44/25 4511 45/2 numb [1) 48/5 22/21 22/23 24/22 25/22 25/25 26/2 26115 32/1 42/18 original [1) 31/10 28/22 3317 35/21 37/15 40/22 41/17 44/18 51/5 58/11 61/6 permission [2) 11/2312/2 number [12) 16/10 18/10 19/17 other [14] 8/10 16/19 23/11 24/17 person [IO] 14/21 25/1 39/18 39/19 39/19 39/20 40/10 56/8 57118 57/18 more [4) 41/14 41/17 50/10 53115 numbered (2) 1/16 6117 others [1] 52/18 personal [I] 36113 0 morgue [I] 13/21 numbers [I) 42/21 our [6) 11/5 37/13 44/19 47/21 persons [I] 13/22 [] Dentse C. Phillips, CSR 0 lJ p State v David Duane Greer Prosecution [1) 52/12 prosecutor [1) 23/2 11/15/12 report [1) 9/23 Vol 5 reported [2) 1118 61/8 schools [1) 37125 scored [1) 38/18 6 phase (1] 15/23 prosecutors [1) 57/20 reporter [5) 1122 6117 52/6 6114 SEAL [1] 61/13 D---.. Phillips [4) 1122 6114 61/15 61116 proud [1) 47/10 philosophy (1] 54115 prove [7) 21114 23113 24/14 24/19 61/17 REPORTER'S [4] Ill 61/7 61/9 search [3] 8/25 11123 12/2 searched [2] 8/22 9110 photo [1] 20/17 24/21 27/8 34/4 61111 seat [5) 5/3 6111 12/14 37/5 57/4 second [6J. 17/9 18/16 18/17 23119 D photograph [3) 20118 2111 21/3 proven [1) 57/25 physical [1] 58/19 pick [1) 11/19 piece (1) 34/11 provided (2] 27/8 41125 public [7] 16114 16/21 20/3 23117 27/24 30/3 37/25 reports [1) 32/10 represented [I) 22/17 requested [1] 61/6 required [2] 24/18 38/17 50125 56/20 see [6) 41/18 41/21 44/9 46/16 50/12 50/14 piecemeal [1] 37/20 punished [2) 58114 58/16 resist [1] 57/9 seems (1) 51/15 fJ pistol [4) 10/8 5712 57/21 57/24 place [1) 9/3 placed (3) 8/17 9/2 33/3 punishment [11) 1/11 31117 49/9 49/11 49/17 56/22 5811 58/4 58/12 58/22 59/2 respect [5] 18/3 23/9 30/23 57/1 58/5 respective [1) 61/10 seen [2) 52/17 53/14 seize [1) 48/25 self [1) 7/9 planned [1] 52/24 purpose [1) 34/9 respond [1) 21117 self-initiated [1) 7/9 D plead [2] 5/21 5125 pled [2] 29114 55/12 point[ll] 9/23 ll/13 15/1 19/25 purposes [4] 14/8 1511 18/5 27/23 lout -[41 9/4 13/24 44110 56/1 rest [2] 36/24 53/24 restrict [2] 58/3 58/22 retake [3] 38/17 38/20 38/21 sent [2] 11/3 55114 sentence [15] 4/18 4/20 4/20 4/21 4/22 15/6 15/9 20/5 2111 24/20 2411126/13 28/16 37/1 3911 40/18 Q retired [1] 13/3 28/20 33/20 34/8 40/12 49/20 D 47/6 quality [2] 20/16 2119 police [5] 13/2 13/4 13/20 13/23 question [4) 22/7 32/20 42/13 57/5 42115 retook [1) 38/19 revoke [1] 34/15 revoked [2] 34/10 55/13 sentenced [6] 27/19 29/24 34110 35/18 35/22 59/4 sentences [5] 15/24 30/17 36113 poor [1) 20/16 questions [3] 36/19 41/950/5 Revoking· [1) 33/1 52/12 58111 0 pop [1) 54/24 portion [1] 9/25 portions [1] 61/5 louite Ill 8/6 R R-U-E-B-U-S-H [1] 6/19 revolving [1) 57/12 right [43] 5/9 5115 5/23 6/7 6/11 8/610/24 11/711/15 12/14 14/14 14/16 16/17 20115 25/3 25/8 26/12 separate [6) 19/22 19/23 25113 29/3 54/17 54118 serve [1] 29/24 service (1] 7/8 position [2] 9/6 56/1 raised [1) 50/17 32/21 36/16 39/2 39/14 39/24 services [1] 52/25 0 positive [2) 44/6 44/8 possessed [1) 46/19 possession (4) 16/t'l 17/4 31113 43115 range [4) 49/9 49/11 49/16 58/4 rationale [1] 27/7 read [3) 5116 5/18 39/10 44/24 45/13 46/1 46/5 46/22 47/12 47/13 47/18 47/23 48/21 48/22 50/10 50122 50125 53116 55/13 set [3] 26/25 28/7 57/23 seven [2) 6/23 7/2 several [4) 20112.20/12 4511 45/2 possibility [1] 49113 reading [1) 24/12 5617 58/24 5917 59/14 60/4 Shakes [1) 50115 0 possible (3) 45/3 57/3 57/3 practically [1] 50/17 preferred [1) 24/21 ready [2] 5/5 5/10 really [4) 23/9 40/9 5112 57/20 reasonable [2] 24/14 34/5 right-hand (1] 11/15 road [1] 52/22 Roughly [1] 7/6 she [4) 52/25 53/5 53/9 53111 She's [1] 46/8 sheet [1] 26/25 prejudicial [2] 29/8 32/8 reasons [1] 47/20 Ruebush [5) 4/12 6/9 6/12 6/18 shoot [I) 57/9 0 / I preparation (1] 61/11 presented (2) 5/19 5/24 Presiding (1] 1117 recall (1) 16/6 received (3] 13/9 31116 34/3 recently (1) 46/12 12/10 rules [3) 54/6 54/15 57/23 RULING [1) 58/23 shots [1) 48/13 should [I] 57124 show [2) 14/8 23/16 pretty [4] 13/8 49/8 49/16 52/1 reckless (1] 31/5 run [3] 8/15 1111 56/15 showing [2] 54/7 54/8 0 previously [2] 15/3 20/2 Primarily (1] 57112 print (1) 23/11 recklessly [I] 8/11 recognize [5] 7111 7/13 14/9 18/7 19/4 I record [7) Ill 12/19 16/15 45/18 run-ins [1] 56/15 running [7]17/17 17/20 20/22 28/23 33/14 34119 39/9 shown [3) 15/3 20/2 43/4 shows (1] 29/12 sibling (1] 46/1 prints (10] 10/25 13/21 15/24 RYAN Ill 2/4 side [4) 11115 52/13 52/21 58/1 0 18/21 21/4 21115 23/9 26/25 27/1 61/7 61/9 61/11 29/5 REDIRECT [2] 44/21 52/9 prior [8) 13/1 24/13 24/15 24125 reduced [1) 43/22 27/7 34/15 56/15 56/15 refer [8] 16/24 17/2 18/4 19/3 s S-1-L-B [1) 12/20 S.W.3d [2] 23/25 24/8 signed [1) 16/5 significant [3] 49/8 49/16 49/20 Silber [8) 4/13 12/9 12115 12/20 1417 16/23 25/9 27114 priors [1) 22/10 25/17 27/14 27/22 30/2 sad [1) 55/23 simply [1) 2119 0 'prison [18) 40/14 49/17 49/21 52/12 54117 5517 55/25 56114 reference .(3) 9/22 32/11 52/13 50/22 50/24 51/3 51/13 51/21 52/2 referenced [3] 26/3 26/8 59110 references [1) 33115 said [5) 22/23 24/9 38/7 41/10 50/6 same [29) 9/18 16/916/16 17/14 since [3) 15/11 5517 5519 sir [9) 5/5 6/16 6/21 6/25 20/8 33/10 4116 45/8 53/8 57/23 58/9 58114 58/17 Referencing [1) 31119 18/10 18/25 19/1 19/11 19113 sitting [1) 5617 D probably [5] 41114 47/9 50/10 5112 55/25 probation (6) 31/23 32/1 33/2 refers [I] 23/8 reflects [1) 61/9 regards [5) 13110 26/24 33/17 19/20 19/22 21/3 22/12 22/16 situation (1] 38/4 22/17 22/22 22/23 23/2 23/2 23/2 sky [1] 48/20 23/5 25/10 26/2 26/14 26/18 2717 smallest [1) 57/3 33/6 35/8 35/9 33/19 36/12 33/5 35122 44/10 society [3)40/20 58/12 58/15 D problems (5] 40/4 47/25 48/15 58/10 58/19 proceed [I] 5/6 registration [2) 7/21 8/10 related [2) 37/12 45/23 relating (1) 22/20 San (2) 13/2 13119 satchel [3) 9/12 9/16 9118 save [1) 5112 some [16) 8/6 10/18 35/11 39/1 3919 40/1 40/2 40/4 45/21 47/2 47/6 49/17 49/25 56/15 56/15 58/2 proceedings [5) 1115 1/18 60/5 release (1) 15/12 saw [1) 8/13 somebody [2) 54/20 59/13 0 6116 61/9 processed (I) 11/5 proof (3) 23/5 24/18 24/23 proper [3) 2115 21/9 21113 released (1] 15/21 relevance [2] 29/6 29/16 relevant [3) 29/16 3217 58/11 remains [1] 56119 say (11] 8/21 9/8 11118 14/20 55/24 SBOT (3) 2/4 2/5 2/lO somehow [I] 23120 32/16 35/4 40/5 43/2 47111 49/23 someone [I) 21115 something [4] 41/21 41122 47110 58/7 properly [2) 15/9 20/24 remember (5) 7117 7/20 51112 scene [I) 13/21 sometimes [2) 54/9 54111 0 prosecuted [1) 43112 51121 51/24 school [4] 37/23 38/1 38116 47/3 son [6) 37/13 37118 41110 41117 .. 0 Demse C. Phillips, CSR 0 7 Stt a e v. Davt'dD uane G reer 11/15/12 \fol 5 48/25 54/22 54/24 55/12 55113 trying [3) 11116 11/18 21119 s T 55114 5617 57/16 58/11 twenty (2) 49/12 56/20 son ... [2) 50/7 50/9 take [8] 7/8 14/18 20/6 21/9 26/19 they're [6] 20/14 20/16 27/3 34/2 two (24) 5/24 14113 23115 24110 son's [2] 5115 51/10 3417 34/14 48/12 46/I7 48/5 24/15 24/19 30119 3I/20 34/4 sort [I] 59/10 takes [2] 53/19 54/11 they've [2] 44/11 57/25 42/21 44/3 44/4 44/18 46/4 46114 soul [I] 5612 talk [3] 2317 37/20 43/5 thing [7] 7/9 9/I5 2317 32/10 46/15 49/11 49/12 49/13 49115 n speaking [I] 49/8 special [I] 48119 specialized (2] 13/9 13115 specific [2] 24/18 53/1 talked [I] 47/3 talking [3] 11117 23110 53110 talks (I] 24/11 taught [I] 13117 35/12 37/20 43/11 4217 44/10 54/12 50117 56/13 56/20 58/4 things [7] 11/10 I5/8 4I/25 42/3 tying [2] 57/14 57/14 type [6] 917 10/4 10/18 I 0/19 25/I think [17] I11I6 II/I8 2I/5 2119 40/11 specifically [7] 15112 16/8 22/14 TDC [IO] 19/8 19/17 21/I6 22/21 2IIl2 21/13 21115 3417 39/4 39/5 ltvoes fll 56/2I · 22/19 23/23 29/13 32/4 speed [2] 8/12 57/6 22/22 27/20 31117 35/19 35/23 55/14 39/5 40/I8 40/22 41120 42/25 43/22 45/21 u spell [I] 6117 teachers [2] 38/3 38/6 third [3] 31/21 49/11 56/13 Uh [I7] 40/6 40/16 41/5 42/5 4317 spent [4] 13/2 13/3 13119 54/7 technical [I] 35/11 third-degree [2] 49/11 56113 45/5 46/2 46/6 46/14 46/23 4 7114 D Spikes (I] 48/21 spring [I) 49/23 stand [4) 37/2 54/3 55/24 58/24 technically [I) 49/15 Telephone (3) 2/7 2/12 61119 tell [3) 5/11 18/6 52/3 this [75] those (24) 14/15 14/18 15/15 47/19 47/24 48/11 49/5 5118 52/16 Uh-huh (17] 40/6 40/16 41/5 42/5 20/13 27/1 27/24 30/3 30/6 30/18 43/7 45/5 46/2 46/6 46/14 46/23 starches [I] 48/19 ten [5] 35/19 49/12 56/13 56/14 30/20 32/8 33/11 34/1 36114 36/15 47/14 47119 47/24 48/11 49/5 5118 58/4 40/7 52/13 54/11 56/17 58/2 58/3 52/16 D start (2) 54/7 54/16 started [2) 39/1 47/6 state [I6) 1/6 2/3 6/9 6116 10/21 ten-years [I) 35/19 testified [5) 6/13 12/16 36/12 3717 58/15 58116 58/20 though [2] 11/16 52/15 ultimately [i) 29114 unadjudicated [I) 33/16 12/19 23/24 23/24 24/8 24/14 45/15 thought [I) 11/11 under [6) 8/17 9/2 22/22 27/6 0 24/21 39123 45/18 57/10 6111 6114 STATE'S [62) stated [2) I 0/14 54/15 testify [2] 21/16 32/9 testimonial [1] 25/2 testimony [2) 9/24 21/2 testing [2] 10/25 32/10 three [5] 13/3 44/1 44/6 54117 55/8 through [3] 34/2 39/10 55117 32/23 57/23 Underlying [1) 32/18 understand (5] 15/16 38/10 38/15 40/15 47/9 statement [1) 6/4 throughout (1] 42/4 states [1] 16/8 TEXAS [14] 116 117 1117 1122 thrown [1) 43/11 understood [1] 43/23 0 Station [1) 13/4 Stay [1) 59/24 Ste (I) 61118 1/23 217 2112 57/10 59/3 6111 6114 61/16 61118 61/19 than [6) 8/10 28/22 41114 41117 thumb [2] 14/14 14/16 unduly [2] 29/8 32/8 thumbprint [3] 18117 18/21 30/6 unknown [1] 13/22 thumbprints [3] 14/21 30/9 30/12 unlawful [1] 43/15 stealing [I] 54/19 50/10 54/5 time (23] 5/12 8/6 40113 40/14 until [1] 55/6 0 stenotype [I] I/18 step (3) 12/6 45/8 53/22 still [4) 34/4 42112 44/7 51117 Thank [4] 12/7 34/21 36/22 59/6 that (283] that's [18] 9/23 11125 12/3 18/5 40/22 40/25 43/13 44115 47118 up [12] 5/20 11/19 21114 23/13 49/3 49/17 50/22 50/25 5113 51/15 27/8 32/20 46/20 47/2 49/15 54/5 54/13 54/14 54114 54/14 55/6 56/4 57/25 58/24 stipulate [1] 15/13 21112 21113 24/8 25/11 25/12 58/10 58/18 us [9) 22/15 25/9 38/6 40/22 45/4 0 stipulated [8) 15/4 15110 15/15 15/17 15/20 15/23 16115 22/11 stipulating [1) 16/2 32/10 35/21 43/23 46/19 47/9 47/12 47/20 57/16 58/10 theft [3] 27117 29/22 57/13 times [2] 54/18 55/9 titled [I] 1115 today [2] 14118 18/22 47/23 54/8 54/12 57/21 use [3] 8/18 13/25 49/2 used [1] 32/4 stipulation (2) 15/15 16/5 their [4] 41121 46/4 4617 58/1 together [1] 36/1 uses [1) 49/3 0 stop (5) 7/25 42/6 52/22 55/1 55/18 stopped [5) 7/I4 7/14 7118 7/20 them [7] 13/3 21/7 21/8 41122 44/6 50111 50/18 themselves [1] 39/1I told [4] 25/9 38/6 40/22 54/5 too [1] 43/4 took [4] 14/15 18/22 28/12 53/10 usuallv fll 9/3 v V.Dire [1) 4/8 7/23 then [5] 13/3 51117 51125 52/4 top [3] 9/13 9/15 55/21 variety [2] 23/21 40/13 D straighten [1) 46119 55/14 total [1] 61111 Street(4] 1123 2/6 2/1161118 there (36] 9/12 9/13 9/I4 9/16 touch [1] 59/24 vehicle [8] 7/22 8/23 8/25 9/10 stuff [4] 5/8 9114 32110 34/5 9/18 10/7 10/12 10/18 10125 11110 traffic [1] 8/9 11124 12/2 57/4 57/21 styled [I) 61/7 11115 11/24 15/13 15/14 15114 training [6] 13110 13/13 13115 verify [I] 10/20 ' such [I) 24123 17/13 18/I7 18/19 20/17 21/1 21/2 13/17 13/17 13/24 very [8] 9113 9/14 9/15 20116 0 suffice (I] 25/2 sufficient (2] 24/24 27/8 sufficiently [I) 22/14 23/14 23/20 24/5 25/22 25/24 39/21 41/23 48115 50/16 52/15 52/24 56/2 57/2 57/24 58/2 transcription [I) 6115 Travis [I] 1116 trespass [2] 33/12 34/17 39/I9 44/23 54/21 54/21 violated [1] 56/24 violating [2] 8/8 33/6 sugar [1) 48/20. there's [I9] 9/23 9/24 22/7 23/12 trial [6) 1/3 17/11 23/20 39/24 violation [I] 34/22 0 Suite (2) 1/23 2/6 sum [I] .54/4 sunglass (2) 9/18 9119 23/14 23/15 23/21 24/9 26/24 29/5 40117 41/21 49/13 49115 49/16 52/13 57/5 57/10 57/17 48/24 4911 tried [6] 1116 38/20 50/19 50/21 50/24 51/2 violations [5] 32/1 32112 33/11 34/3 35/11 violent [I] 57/11 supervision (2] 15/12 15/22 therefore [I] 21/12 tries [1] 51120 visit [1) 10/19 0 supposed [2] 35/5 54/12 sure (4] 21/18 38/21 42/9 49/18 suspected (I] 43/9 therein [5] 17/24 20/17 2111 32/7 33/15 these [11] 16/1 2011 24/9 24/19 trouble [5] 39/2 39/11 44/12 47/6 visiting [2] 38/3 40/21 50/14 voir [4) 20/6 20/9 26/19 26/22 true (22) 5/22 5/23 6/1 6/2 15/18 volume [4) 112 3/2 4/2 61/6 suspicious (I] 11111 24/22 39/10 5617 56/21 58111 18/1 22/10 26/3 33/9 34/17 35/15 Volumes fll 1/2 w 0 sustain [I] 29/I8 Sustained [3] 9/25 10/17 10/23 swing [1) 11119 sworn [8) 6/10 6113 12/13 12/16 58/12 58/13 they (37] 15/4 18/25 1911 20/2 21/14 21115 23/25 24/l 24/2 24/16 27/8 27/25 28/15 29/14 30/5 3017 40/8 44/11 49/10 49/12 49/13 51/3 56/17 58/3 58/21 59/2 6115 truly [I] 61/9 W-A-D-E (1] 6/18 Wade [3] 4/12 6/12 6/18 truth [I] 34/15 37/4 3717 45/12 45/15 32/8 33/9 33/18 33/24 34/4 3817 try [7] 8/15 51119 51/24 52/3 54/4 waive (2] 6/5 36/25 0 38/18 38119 44/9 44/9 48/17 48119 57/8 57/9 walk [I) 48/24 Q 0 0 Demse C. Phtlhps, CSR D 8 ·State v David Duane Greer 11115/12 Vol 5 whole [1] 41/23 your [30] 6/7 61167/'} 717 7110 w why (4] 7/20 15116 29/10 47/20 12/8 12/10 12/19 13/9"13/23 32/23 want [14] 5/1.2 14/24 21114 27/14 wide [1] 40112 34119 36/22 36/23 37/1441/10 27/22 31/9 32/8 37/19 41118 44/9 wife [1] 37114 44/20 45/9 45118 47/5 49119 50/6 50/12 50/14 54/22 59/12 will [11] 6/2 6/6 1511 40/14 42/11 5016 53/23 58/3 58/5 59/2 59/6 wants [2] 39/16 41121 119/17 5116 5117 51/8 55/5 61/12 59/8 59/24 WARD [4] 2/5 6/15 4118 50/4 warrant [1] 8/25 WILLIAM [1] 2/5 within [6] 15/20 22/22 33119 z warrants [1] 7/24 33/22 34/11 34/11 zero (1] 31117 was [99] without (1] 35/9 wasn't [2] 8/11 35/5 witness [21] 5112 6/8 6/10 8/3 D way [12] 1119 15/23 21113 23/13 23121 44/10 45/3 49/14 49/15 55/5 57/6 57/18 12/4 12/13 14/4 20/6 26119 27/5 32/20 36/9 36/18 37/4 4112 45/6 45/12 50/2 52/24 53/20 61/13 Wayne [I] 46110 WITNESSES [2] 3/6 3/16 0 ways (10] 23/21 24/22 42/8 42/12 43/1 43/5 51119 51120 51125 52/4 we [62] words [I] 55/18 work [3) 6/20 47/23 53/1 worked [3] 6/22 44/23 47/21 We'd [I] 36/20 working [I] 7/15 D we'll [4] 6/5 28/16 36/24 59/19 we're [2] 23/10 33/16 we've [6] 21110 28/22 40/21 45/25 works [1] 21/13 world [3] 41/15 56/2 57/15 would [44] 8/219/211011112/19 47/2 52/11 15/7 15/8 20/21 20/23 27/6 27/6 0 weapon [5] 9/7 10/6 11/6 11113 43/15 well (25] 6/6 14/25 1517 16/3 22/24 26113 27/14 29/2 30/4 32/19 28/21 2917 29/8 29/9 29/15 30/14 32/6 32/13 33/25 35/25 36/1 36/25 37/1 42/18 42/25 45/10 46/21 46/21 47/5 48/3 49/11 49/22 52/20 0 33/25 34113 38/2 38/14 38/15 38/19 39/9 39/24 40/21 41116 44112 47/21 50/12 52/21 55/5 went [5] 43/13 51/21 52/2 5517 53/24 54/4 54/25 56113 56/13 56/14 58/3 5817 58/21 59111 59/12 writing [1] 6116 wron!!r3l 21/24 41/22 42/1 58114 y 0 were [16] 11/10 11111 13/22 18/25 20112 26/25 28/10 32/1 33/6 33/9 39/23 49/7 57/21 58/13 59/17 y'all [1] 43/3 yeah [15] 14/19 38/6 38/6 41116 61/8 42/9 42/14 46/17 47/8 48/2 48/17 0 weren't [2] 33/24 3411 West [I] 10/5 what[46] 5/11 717 7/17 7/23 9/10 51123 52/14 52/19 53/3 53/17 year [3] 29/24 54/24 58/9 years [29] 6/23 7/2 7/6 12/25 13/2 10/4 10/11 12/21 13/1 13/13 14/8 13/4 13/8 13/19 15111 15/21 27/19 0 14112 18/4 1817 18/24 25/25 27/22 28114 28/22 29/12 29/13 29116 30/11 32/16 34/22 38/6 38/15 31/17 31/17 35/19 35/22 39/6 39/10 42/23 43114 48/9 48110 55119 55/21 56/14 56/14 58/9 38/24 3917 39/10 39/18 43/3 43/23 58/22 59/3 59/5 44/4 44/8 46/4 4617 46/19 48/3 Yep (2] 50/20 51/1 D 49/9 49119 52/20 56/3 56/21 57/2 57/25 what's [6] 7/3 17/3 19/5 31111 yes [56) 6118 6/21 6/25 7112 7/21 8/7 8/24 9/5 9/9 10110 11/2 11112 17/20 20/8 26121 33/10 33113 44/9 51/5 33/23 34/8 37/11 38/13 38/13 0 whatever [2] 39115 58/5 when [22] 7/23 8/8 9/2 11/16 14/18 14/20 15/17 39/4 39/20 38/24 39/3 39/25 40/16 41/11 41/13 4212 42!5 4219 42/21 42124 42/24 43/2 43/4 4317 43/20 43/22 48/17 48/18 49/7 50121 50/24 51/2 4411 45/5 47114 47116 48/14 49/3 D 51/12 51119 51/21 51124 52/2 52/2 54/5 Whenever[!] 8/17 50/8 50113 51/4 51114 51116 51118 52/1 52/5 5217 56/24 58/11 yesterday [3] 15/4 16/6 45/21 where (5] 9/11 9/17 10/6 10/9 yet [3] 44/6 54/13 55115 0 57/13 whether [1] 57/12 which [20] 15/2 16/1 16112 20/3 you [200] you'll [2] 517 32/19 you're [8] 20/18 21118 36/21 ' 21/23 22111 22/15 22/16 24/4 42/13 47110 48/18 57115 57/15 0 24117 25/8 27115 28/17 29/20 33/3 36/2 42/18 43/22 48119 6117 while (4] 10/13 24/19 38/11 48/16 who [5] 14115 16/8 16/9 40/8 you've [13] 13/615/17 36112 39/22 40/1 40/1 41123 44/23 44/23 45/2 45/3 50116 53/14 you-all (1] 47/21 54/20 young (1] 51/17 who's [2] 14/21 23/20 youngest [1] 46/11 .. Demse C. Phillips, CSR 0 [1 61 [1~- ·' 1 THE STATE OF TEXAS 2 COUNTY OF BRAZOS 0 3 0 4 5 I, DENISE C. PHILLIPS, Official Court Reporter in and for the 272nd District Court of Brazos, State of Texas, do hereby certify that the above and foregoing contains a 0 6 true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the 7 Reporter's Record in the above-styled and numbered cause, 0 8 all of which occurred in open court or in chambers and were reported by me. 0 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I further certify that the total cost for the preparation of this Reporter's Record is $ 0~0 ..;~::~. and 0 12 was paid/will be paid by ~G....(..b ~ Q_p~ \.... ~ . 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0 14 May, 2013. 0 15 16 D 17 Texas CSR Official Court Reporter 272nd District Court 0 18 Brazos County, Texas 300 East 26th Street, Ste. 204 19 Bryan, Texas 78703 0 20 Telephone: Expiration: 979-361-4221 12/31/13 0 21 22 0 23 CERTIFIED o. 24 25 TRANSCRIPT 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT o~ / 1 r---~. 1 REPORTER'S RECORD 2 Volume 6. of 6 Volumes ] 3 Trial Court Cause No. 12-03324-CRF-272 ] 4 ·court of Appeals No. 10-13-00049-CR I 5 l 6 7 THE STATE OF TEXAS vs. IN THE DIS~RICT BRAZOS COUNTY, TEXAS COURT OF ] 8 DAVID DUANE GREER 272nd JUDICIAL DISTRICT 9 1 10 1 11 12 ~- 13 EXHIBITS l 14 15 l 16 CERTIFIED TRANSCRIPT ] 17 • 18 L 19 20 1. 21 Denise c. Phillips, Texas CSR #6482 Official Court Reporter - 272nd District Court ) 22 300 East 26th Street, Suite 204 Bryan, Texas 77803 23 979-361-4221 t 24 25 L ·t ri\ ' DENISE C.PHitLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT ! \ 1I 2 l 1 2 A P P E A R A N C E S ] 3 ATTORNEY(S) FOR STATE: 4 RYAN CHARLES CALVERT ] SBOT NO. 24036308 5 WILLIAM LEE WARD SBOT NO. 24077302 ] 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, Texas 77803 l 8 Telephone: 979-361-4320 9 ATTORNEY(S) FOR DEFENDANT: J 10 EARL R. GRAY SBOT: 24007265 ] 11 Gray, Granberry & Jones 103 N. Main Street 12 Bryan, Texas 77803-3235 ] Telephone: 979-822-4759 13 ] 14 15 iJ 16 17 J 18 ] 19 20 J 21 ] 22 23 J 24 ] 25 DENISE C.PHILLIPS, CSR r OFFICIAL COURT REPORTER 272ND DISTRICT COURT 1 0 3 [! 1 THE STATE OF TEXAS 2 COUNTY OF BRAZOS n L 3 I, DENISE C. PHILLIPS, Official Court Reporter in and for the 272nd District Court of Brazos, State of Texas, do B 4 5 hereby certify that the following exhibits constitute true and complete duplicates of the original exhibits, excluding physical evidence, offered into evidence during D 6 the jury trial in the above-entitled and numbered cause as set out herein before the Honorable Travis B. Bryan, III, Judge of. the 272nd District Court of Brazos County, State 7 of Texas, and a trial, beginning November 13, 2012. 0 8 I further certify that the total cost for the preparation of this ~orter' s Record is $ ~C1.~0and was D 9 paid/will be paid by CYG.-z...o~ CD`` . .. 10 WITNESS MY OFFICIAL HAND on this, the 3rd day of May, D 11 2013. 0 12 13 0 14 Texas CSR Official Court Reporter 0 15 272nd District Court Brazos County, Texas 16 .300 East 26th Street, Ste. 204 0 17 Bryan, Texas 77803 Telephone: 979-361-4221 Expiration: 12/31/13 0 18 19 0 20 0 21 22 0 23 24 CERTIFIED 0 25 TRANSCRIPT o· DENISE C.PHILLIPS, CSR 0FFICIAL COURT REPORTER 1272ND DISTRICT COURT 0 0 4 n 1 2 CHRONOLOGICAL INDEX Volume 6 [J 3 ·Reporter's certificate 3 Sta.te 's Exhibit No. 1 5 4 State's Exhibit No. 2 6 0 5 State's Exhibit No. 3 State's Exhibit No. 4 7 8 State's Exhibit No. 5 9 0 6 State's Exhibit No. 6 State's Exhibit No. 7 10 11 7 State's Exhibit No. 8 12 0 8 State's Exhibit No. 9 State's Exhibit No. 10 13 14 15 State's Exhibit No. 11 0 9 10 State's Exhibit No. 12 State's Exhibit No. 14 State's Exhibit No. 15 16 17 18 State's Exhibit No. 16 19 D 11 State's Exhibit No. 17 State's Exhibit No. 18 20 21 12 State's Exhibit No. 19 22 0 ·13 State's Exhibit No. 19-A State's Exhibit No. 20 23 24 State's Exhibit No. 21 25 0 14 State's Exhibit No. 22 State's Exhibit No. 23 26 27 15 State's Exhibit No. 24 28 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 n 5 0 1 2 0 3 4 D 5 n 6 7 D 8 0 9 10 0 11 12 State's Exhibit No. 1 0 13 Arrest Warrant 0 14 (Record Purposes only} 15 0 16 0 17 18 0 19 20 D 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT ·o H- n Race Age: HI w 45 5' II" Sex M Dob 12/22/66 Wt 218 Hair Brown Eyes Brown THE STATE OF TEXAS PID: 26619800 DA Complaintil 12-0 I 051 0 VS. DAVIU IJUt\NI'. GREER 13ook il OIT 22990002 229'.1000 I Cause No. Charge: BlJi~CLARY OF HAllli"ATION llURGLARY OF llUILDING 0 Justice Court No. ..... Agency BPD 12·0 I 00799 0 TO ANY PEACE OFFICER FOR THI' STATE OF TEXAS: GREETINGS WHEREAS wmplaint has been ""Je by the undersigned Arfianl who upon his oath says that he has good reason to believe and docs l.>clicvc thm in th~ Cuunty or Brazos and State of Texas one DA YID DUANE GREEit 0 hcreinah<'l" referred to as the Dd\:nd;u.l!. heretofore on or about.January 24,2012. did then ~nd there intentionally or knowingly enter a habitatio11. without the ciTectivc <:onsent of Fred Wampler. the owner thereof, and ancmptcd to <:ommit or commined the!\ ofpropet1y. to-wit: computer und a razor. owned by Fred \V;n11pler, [1 PARAGRAI'II TWO: and it is further presented in and to said Court. !hut the said DAVID GREER, in the County of Brazos and State or Tc:-rcsentcd in and to said Court. that the said Dt\ VID GREER. in the County of Brazos mill State of Texas on or <~bulllthc :Z•IIh dny of January. 2012 did 0 then And there intentionally or knowingly enter a building or a portion of a building not then open to the public, without the eiTcctivc consent or Fred W<``npler. the owner lhercor. and attempted to commit or cominitted theft of --"~-·· property. hrwit: tools and a bicydc, <>wnt·d by Frt•d Wampler. 0 PARAGI{;\PH TWO: and it is further presented in and tv !mid Court. that th~ said[)/\ VID GREER, in the County of Brazos and State ol'Te:-
0 P. 1J!3Rl:````J81·ffl Y OF THE STATE. I I., ·'. /J-;·fiJJ;~: l :-'.J .. 0 .. --~-~-- .-.·1 0 13y:___ _ 0 NOW TIII'RITORE. YOU t\IU·. HEI{I·:IlY COMMANDED TO ARI<.J·.ST the dcl"cndallt·nnd bring hi111 :\T ONCE before the tmd~rsi!;llCu magistrate at his oflice in Brazos County. l"~xas, lh-.;n and there lo an~w~r 1he above churgc. Herein t·ili_J not Return this writ and in,!ieatc how it was executed.(\·:._·[... . . i L .• .- ·i . - 1 Ba111s he1eby s~t at$ _____ . . (,tvcllundcr my hand ___ :.:::J~ ·:~L;. _c:.-~c:r: .. ;.<~; I ~f-- 1 __ _;-1-· 0 WRll RLCEIVIt(L,[ !d._. /rf c-/ )' /] 2U . -::vi . //:/1' ``:.;;;i·~)?;;;;;;.;;·t.;.~t~k~/.'j'- ~1-t-KECUTED(/-'_(-~jU . 2U /.~-resting the --, D~fcndant nnd (I) plac111g hnn Ill Jail tnl3r.izu> County. J"cxas. or(2)1flk-fl~ s- ond:-(C1o"tl mnpplicable nct 1 ~q ~ --~--~---- 0 - -- WARH.'\NI -- 13 fcl7.os Lllltlll\ lc:-o:t:s * j STATE'S EXHIBIT • -By _______ •... 11J. fi\MAb '···- _ Vi:l) - L'ca«Otliccl 1 l ,,~, D ~ I ~:. . ! 0 6 o. 1 2 0 3 4 0 5 0 6 7 0 8 0 9 10 0 11 12 State's Exhibit No. 2 0 13 Arrest Warrant 0 14 (Record Purposes only) 15 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT D. )-j- - () ;: :_ r/ .·.-'_, > -t Race w Sex F Agl· 27 Dub 07118/84 HI 5'5" WI 120 Hnir Brown Eyes Hazel THE STATE OF TEXAS 1'10: 17023 DA Complaint// 12-0 I 050 [1 vs. Book II Off22'1Y0002 22'19000 I Cause No. MONISH IA CMvii'BELL Charge: BUUGL~\j_{_Y_O_ItH)~iJiTATION ``~t i`` ``````N~F-``~J-````{_ _________ 1 0 Agcnc.y BPD 12-0 I 007'19 0 TO ANY PEACE OFfiCER FOI{ THE STATE OF TEXAS: GREETINGS WHERI·:AS complaint has been made by the undersigned Affiant who upon his oath says that he lws good reason to bclicw and dues believe that in the Cuu11ty or 13razos and State or Texas one MONISH lA CAMI'Ill~LL 0 hcrcinalkr rclerrc·d to as the Dcli.:ntlant. heretofore on or about January 24,2012. did then nnd there intentionally or kncHvingly enter a lmbitation, without the effective conscni of Fred Wampler, the owner thereof, and allemptcd to commit or committed then or property, to-wit: computer and a rnzor, owned by Fred Wmupler, 0 PARA(jl{f\I'H TWO: and it is furihcr presented in and to said Court, thai the said iVIONISHIA CAMPBELL, in the County ui' Brazos and State ofTc.xas on or about the 24th day or January. 2012 did 0 then and th~re, with intent to commitlhcfl. enter a lmbitalion, without the effective consent of Fred Wampler. lhe owner thercoL COUNT rWO: and it is rurihcr presented in and to said Court. that the said lviONISHI1\ CAMPBELL, iri the County or l3raws and State orT~xas on ur about the 2 1)~ Y Vera Lara-Hooge ;_;_J Justice of the Peace 0 Bru:zo3 County, Texas AGAINST THE PEACE t\ND DIGNITY OF THE STATE. Grand Jury Witnt·ss: (J /} :·-.: --·, s~b/ibt·tlberore -·----`` _/_f;__2fj{:r· .. _,; Sworn 10 and me un D _c__``-r- ~__:_- -------· AITI~ntl -- "(_J :<;; 0 lly: 0 NOW TllUZEFOIUo, YOU AHJ.. IJEJ(J·:13Y COMMANDED TO!\ RJ(J·:s'r the defendant and bring lii1n AT ONCE before the undersigned magistrate ill his oflice in Orazos County. rc.~as, then and there \t..\ ~mswer the above char!!C. Herein r,1il n01: Return this writ ;md indicalc how it wa; executed. / ·; 1 ! .- , -·- ·--, , Bail is hcr~by set at s____ . liivcn under my hand·----· _,__ ,(<~.<:~(!.:''L'``-)----j_?__!:_J``~c ( -:(. 0 WRIT RITI."VE12j 5f2u. (2~d``ECUTI:D _dJ~Z~it~,``:::~E``Dcfcndant and (I) placmg·him in jail in Brazus c&;;;ly. Texas, or (,2}-tuk-ina:trf unc. ( v ·~'out uwpphcable ac1Tmr:)----.. ----~?,.::-:::-?. ____ ..... ···--··. -~•1cc Officer 0 ---·. ·-.-.__ - - - - - · ....... __ ~:;;~,``~·;"'l'· '"" j ````; ......... ··- lly / ~. `` tt:AvE!'. (_, [~.r 1\~u 0 I D 7 n. l_ 1 2 0 3 4 6 5 0 6 7 0 8 D 9 10 0 11 12 State's Exhibit No. 3 0 13 Video 0 14 15 0 16 17 fJ 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 [{ 0 0 0 n 0 0 0 0. 0 0 0 D 0 0 D ·'' 0 0 [j u 8 1 0--- 2 0 3 a 4 5 [l 6 7 0 8 0 9 10 0 11 12 State's Exhibit No. 4 0 13 Photograph 0 14 15 0 16 D 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR o-- - OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 'l Iu I ,, i L.i l C\ i I L.J Ll \ 0 9 0-- 1 2 0 3 4 0 5 0 6 7 0 8 0 9 10 0 11 12 State's Exhibit No. 5 0 13 Photograph .0 14 15 0 16 8 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 q \ ) l_.: ,-, (. I' t.J 0 10 1 G-· 2 n 3 4 8 5 0 6 7 0 8 Q 9 10 0 11 12 State's Exhibit No. 6 0 13 Photograph 0 14 15 0 16 8 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 ~ 11 D f}- 1 2 [] 3 4 6 5 0 6 7 0 8 0 9 10 0 11 12 State 1 s Exhibit No. 7 0 13 Photograph 0 14 15 0 16 0 17 18 0 19 20 D 21 0 22 23 0 24 n 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT ~· ~I ] ] ] THE STATE OF TEXAS § COUNTY OF BRAZOS § ] J In the 272ND DISTRICT COURTof Brazos County, Texas the Honorable TRAVIS BRYAN Ill Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause to wit: J Trial Court Cause No. 12-03324~CRF-272 J THE STATE OF TEXAS § IN THE DISTRICT COURT OF J vs. § BRAZOS COUNTY, TEXAS 1 David Duane Greer § 272ND DISTRICT COURT J ] J ] ] ] ] CAUSE NO. 12-03324-CRF-272 THE STATE OF TEXAS § IN THE DISTRICT COURT OF vs. § .·. BRAZOS COUNTY, TEXAS David Duane Greer § 272ND DISTRICT COURT INDEX PAGE • INDICTMENT (FILED JUL. 12, ..•.•...........•.........•............ 1 2012J • WARNING BY MAGISTRATE ....................................... 2 (FILED JUL. 12, 2012) • DEFENDANT'S REQUEST TO ....................................... 3-6 PROVIDE NOTICE OF OTHER CRIMES, WRONGS OR ACTS, ANY OPINION REGARDING HIS/HER CHARACTER OR GENERAL REPUTATION AND PRIOR CRIMINAL RECORD (FILED JUL. 17, '2012) • DEFENDANT'S REQUEST FOR ....................................... 7 DESIGNATION OF EXPERT WITNESSES (FILED JUL. 17, 2012) • 'REQUEST FOR DISCOVERY ....................................... 8-10 (FILED JUL. 17, 2012) • MOTION TO SUPPRESS ....................................... 11-12 STATEMENTS (FILED JUL. 17, 2012) • DEFENDANT'S MOTION TO ....................................... 13-14 SUPPRESS (SEARCH OF PERSON AND/OR PERSONAL BELONGINGS WITHOUT WARRANT) (FILED JUL. 17, 2012) • DEFENDANT'S MOTION TO ....................................... 15-17 SUPPRESS (INVALID SEIZURE/ ARREST/ RESTRAINT/DETENTION WITHOUT WARRANT ·(FILED JUL. 17, 2012) \__ J l .. DEFENDANT'S SUPPRESS MOTION (SEARCH TO OF ....................................... 18-19 l • V;EHICLE) (FILED JUL. 17, 2012) ORDER I APPOINTING. ATTORNEY (!riLED JUL. 24, 2012) ....................................... 20 • ~FFIDAVIT IN SUPPORT OF ....................................... 21-23 J COURT APPOINTED ATTORNEY (FILED JUL. 24, 2012J ~ • • LETTER (FILED JUL. 24, 2012) LETTER (FILED JUL. 27, 2012) ....................................... ....................................... 24 25 • MOTION. FOR SPEEDY TRIAL ....................................... 26-27 ] (FILED AUG. 10, 2012) • DISCOVERY ORDER (FILED ....................................... 28 AUG. 31, 2012) J • MOTION FOR DISCOVERY OF ....................................... 29-32 EXCULPATORY AND MITIGATING EVIDENCE (FILED ] QCT. 28, 2012) • A.MENDED ....................................... 33 COMMITMENT/RELEASE ORDER J (FILED NOV. 16, 2012) • TRIAL COURT'S CERTIFICATION ....................................... 34 OF DEFENDANT'S RIGHT OF J APPEAL (FILED NOV. 16, 2012) • ORDER APPOINTING ATTORNEY ....................................... 35-37 ] (FILED NOV. 16, 2012). ....................................... • JURY LIST (FILED NOV. 16, 2012) 38-39 • STRIKE liST (FILED NOV. 16, ....................................... 40-45 J 2012) • COURT'S CHARGE TO THE JURY ....................................... 46-51 (FILED NOV. 16, 2012) ] • JUDGMENT OF CONVICTION BY ....................................... 52-58 JURY (FILED NOV. 19, 2012) • ....................................... ~ SECOND. AMENDED 59 COMMITMENT/ RELEASE ORDER (FILED NOV. 19, 2012) • MOTION FOR NEW TRIAL AND ....................................... 60-63 J MOTION IN ARREST OF JUDGMENT (FiLED DEC. 13, 2012) J J ] 0 0 • STATE'S OPPOSITION TO ....................................... 64-66 DEFENDANT'S MOTION FOR 0 NEW TRIAL AND OBJECTION TO ANY UNTIMELY AMENDED MOTION FOR NEW TRIAL (FILED 10 DEC. 20, 2012) • MOTION FOR NEW TRIAL AND ....................................... 67-69 :o MOTION IN ARREST JUDGMENT (FILED JAN. 03, OF 2013) ....................................... 0 • • LETTER (FILED JAN. 03, 2013) REQUEST FOR PREPARATION ....................................... 70-71 72-73 OF REPORTER'S RECORD AND :O DESIGNATION OF MATTERS TO BE INCLUDED. (FILED FEB. 06, 2013) ;0 • NOTICE OF APPEAL (FILED FEB . 12, 2013) ....................................... 74 • REQUEST FOR PREPARATION ....................................... 75-76 iO OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED (FILED FEB. 12, :0 • 2013) WRITTEN DESIGNATION ....................................... 77-78 SPECIFYING MATTERS FOR :0 INCLUSION · IN CLERK'S RECORD (FILED FEB. 12, 2013)_ :o • • DOCKET SHEET CLERK'S CERTIFICATE ······································· ....................................... 79 80 .0 .0 0 0 0 0 0 n Race W Age 45 Ht 5'11" Sex M Dob 12/22/66 Wt 210 H~ir Brown Eyes Bruwn 0 THE STATE OF TEXAS PJD: 26619800 DA Complaint# 12-Q2607 VS. Book II 0 DAVID GIU!ER AKA l>A VE GREBR Off 52030024 Cause No . .ll.=J)~'-\- (n.R- ·~"7-- ChHrge: UNLAWFUL POSSESSION J.·ifiA-RM BY FELON Justice Colllt No. [J-Q2434·F Agency I.ICSO 12-1615 TN THE NAME AND BY AUTHORITY OF THE STA TF. Of TEXAS: The Grand Jury of Brazos CoUilty, State of Texas, duly or,pmized at the July Term, 2012, of the 272nd District Court of said C'- a 0 or N/A in the blank A' RenVHouse payment $ " r Food 7 $~0 Utilities $__·_ Telephone $_'-/__ $W"' ': $~ Ch~d care $*= Fuel/Maintenance Cell Phone $____LZ_ School Lunches $.4::,_ School tuition ~ Church $L_ Credit Cards $- Doctor/Dentist ~ r- Medical Insurance $£_ Auto insuran-ce Ufe Insurance $~ Auto payment $~ Other transportation $_1"__ Haircuts/Nails $ Bank Loans $~ Cable/Satellite $~ Furniture payments $ t' Entertainment $ Oothing $ v Child Suzrt v .J Other (Describe) $L_ Other (Describe) $ ?) TOTAL MONTHLY EXPENSES: $ t / -- Section 3: Miscellaneous Information ///" /J\ Are there any co-defendants in your case? QYes no IT ~. ,.1: /" /_,\1,._~-"----+-(\-a-,.--';;.<-.."-tfj~';..tC':......:..._ _ _ _ _ _ _ _ _ _ _ _ __ If yes, please name co-defendants to avoid attorney conflicts.{:......:... c leone) attempted to hire an attorney. The names of the attorneys I have contacted are as follows: z6t ~,/'7 c``````~---------- References: Ust the name address and telephone number of 3 individuals who are able to contact_you reg_ardinc vour case. Name Phone number with area code Address Relationship //" / ~ / A/' / ff ff. ff / ~ / §'( /7.( .....~ /f /2'_ #"/ Section 4: Oath I do hereby swear that the information given above is true and correct. I understand that making a false statement under oath to the Court is perjury, which is a criminal offense for which I can be punished by imprisonment in the Institutional Division of the Department of Criminal Justice for 2 to 10 years, Fined up to $10,000.00, or both. I also understand that this Application will be filed of record and that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk. a':2""' I have been advised of my right to an attorney in the prosecution of the charge pending against me. I certify that I am without means to employ an attorney of my own choosing and I hereby request the court to appoint an attorney for me. I have been further advised that my failure to answer all questions above will result in the denial of a court appointed attorney. Accordingly, I certify that I have aod ...,, =efully '""" my ·~ '" "';--"' A endant's Signature ~- _( Date -f/=/Z: On this day, personally appeared the above-named defendant, who stated under oath that his/her answers to this Affidavit are true and correct. · SUBSCRIBED AND SWORN TO BEFORE ME on this the _ _ day of --------------~200 \ ------· -``----~------ Notary Public, State of 1 exas Deputy Clerk Application Page 22 * Communication Result Report ( May.17. 2012 3:30PM) x : · * 0 Fax Header) Brazos County Ma,istrate 1 Dale/Time: May. 17. 2012 3:25PM 0 Fi 1e No. Mode D t' t' Page ---------------------- es 1na 1on Pg(s) Result Not Sent ~a 8206 Memory TX ----;``;````----------------------------;~----------;~------------------------ :0 0 0 ------------------------------ -------------------------------------------------------- Reas.on for er,ot ------------~- E. 3l E.l) Ha.na VIJ or line fail No a.nswe r E. 2) Bu•y 0 E. ~ Exceeded rna E -ma. s z e )C., i I i E.4) No facsimile connection 0 ·0 :0 ·o 0 ~ oq I'O
505 U.S. 647(1992); Strunk v. United States,
412 U.S. 434(1973); and 0 Barker v. Wingo,
407 U.S. 514(1972). See also State v. Munoz,
991 S.W.2d 818(Tex. Crim.
0 Ohio App. 1999). 2. David Duane Greer was arrested on May 14, 2012 for a crime which allegedly 0 occurred on February 16,2012. Trial has not been scheduled. 0 3. David Duane Greer will be prejudiced should trial not be held as soon as possible, for the reason that David Duane Greer has been incarcerated in the Brazos County Jail since May 0 14, 2012. He has been unable to make bond in this case. David Duane Greer maintains his 0 innocence to the offenses charged. WHEREFORE, PREMISES CONSIDERED, David Duane Greer moves that trial in 0 this case be scheduled as soon as possible. 0 0 .Page 26 0 ! n D Respectfully submitted, Gray, Granberry & Jones D 103 N. Main St. Bryan, TX 77803 Tel: (979) &22-4759 0 Fax: (979) 779-0575 0 By:_h:!f%4.-A...:``~g.....""'------ Ear Gray State Bar No. 24 0 Attorney for Earl Gray 0 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document was 0 served on the District Attorney's Office, Brazos County, Texas, by hand delivery on the date it was filed. 0 0 0 0 0 0 D 0 0 0 Page 27 0 0 n X n kA X X DISCOVERY ORDER On this day the above numbered and entitled cause was called for a pretrial hearing. The defendant, defendant's attorney, and the Assistant District Attorney representing the State appeared. The Court hereby orders that the State produce and permit the inspection of, and the copying and/or photographing of the following items: . _ 0 I. All statements by the Defendant pursuant to Tex. Code Crim. Proc~·Af!.``.iitdhi¥i.tH·written statements made by the Defendant in connection with this offense with which the Defendaiifis herein charged. 2. All objects and tangible property taken by the State during the course of its investigation of the offense with which the Defendant is herein charged, and any items which may be introduced at trial. 0 3. Any written waivers or consent forms signed by the Defendant. 4. The name of the case agent who investigated this case. 5. The prior criminal record of the Defendant including all arrests and convictions whether as a juvenile 0 or as an adult. · 6. All final adult felony convictions and misdemeanors of moral turpitude on the part of all witnesses called by the State. 0 7. A complete list of any and all extraneous offenses by the Defendant, evidence of which the State could offer as exception to the general rule prohibiting proof of extraneous offenses, pursuant to Tex. Rules Crim. Evid. 404(b). 8. Any exculpatory and/or mitigating evidence within the possession, custody, or control of the State, the 0 existence of wh1ch is known, or by the exercise of due diligence may become known to the State. . 9. Any photographic lineups shown in the course ofthe investigation of this case. I 0. The final results of any laboratory test or any other analytical test pertaining to evidence in this case. 0 II. Copies of any prior convictions of the Defendant which may be used for jurisdictional, enhancement, or impeachment purposes. 12. All photographs taken, or used, in the course of the investigation of this case. 0 ~-~-,;fi}``~i~iF~-````~:- _ _ _ _ --,~4````ti;~#A~tit.``m``~1~-````r~&iii~ ~ . --..dll1)'..Q_n_ili_~_,part•of the-State to d1sclose ilie names of retuttal Witnesses as soon as tney become known. 14. All statements made by any party or witness to this alleged offense, whether written or oral, which might 0 in any manner be material to either the guilt or innocence of the Defendant or the punishment, if any, to be set in this case, pursuant to Tex. Rules Crim. Evid. 615. . · 15. All handwritten and typed reports prepared by peace officers who investigated and participated in any manner in the preparation of these charges agamst the Defendant, pursuant to Tex. Rules Crim. Evid. 615. 0 0 0 Discovery is to be completed within a reasonable time before trial, with the State being under a continuing duty to supplement with any of the above items that comes to its attention. 0 0 0 Page 28 [I n 0 CAUSE NO. 12-03324-CRF-272 STATE OF TEXAS § IN THE 272N° DISTRICT COURT § vs. § OF § DAVID DUANE GREER § BRAZOS COUNTY, TEXAS MOTION FOR DISCOVERY OF EXCULPATORY AND MITIGATING EVIDENCE TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DAVID DUANE GREER, by and through the undersigned counsel, and respectfully moves this Court to order the State to disclose all evidence in its possession and in the possession of its agents, which is both favorable to Defendant and material either to guilt or to punishment, including impeachment evidence. 1. Such disclosure is required by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See Brady v. Maryland,
373 U.S. 83, 87 (1963); see also United States .v. Bagley,
473 U.S. 667, 675-78 (1985). Disclosure is also required under the Due Course of Law provisions of Article I, §§ 13 and 19 of the Texas Constitution. 2. Rule 3.09(d) of the Texas Disciplinary Rules of Professional Conduct requires prosecutors to "make timely disclo~ure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in :[l ' connection with sentencing, to disclose to the defense and to the tribunal all unprivileged :0 mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal". '0 3. This motion seeks a Court order instructing the State's attorney to make available :0 for Defendant's inspection and copying or photocopying all evidence meeting the following criteria: '0 u .0 -' -···-``-·-------·- ·-.-- . Pag~ ~9. ·------~---- 0 0 a. evidence or Information within the possession, custody or control of the State ofTexas, or any of its agencies, and which is known to be in existence or by 0 the exercise of due d.iligence may become known to the State's attorney, and ·8 b~ .which is fuvorable to' theDefendant on the issue of guilt or innocence, or c. · which may_ tend · to mitigate or lessen punishment in the .event the D _ Defendant is fotind :guilty. Brady v. Maryland, 3J3 U.S.
83 S. Ct. 1194, 10 0 - "-' L.Ed.2d. 215 (963). D I 4. The request for Brady material includes, but is not limited to the following: ~y ~<:} .0 a. all audio and or video recordings of the Defendant, David Greer of _tl:J.e inves!igation for· the charged off~nse which was to have occurred on or 0 ~bout February 16,2012. b. Any and all audio and or video recordings of-· the co-defendant, Monishia 0 Campbell ...______ -----·· .. of the --. investigation . .. . -~----~·····-········ . . for the charged offense which.. was ~ ...,. to have ~ ·' occurred .. ... . . . ····-· ·0 (),[1 or about February 16, 2~1?. c. The inventory listing collected and or seized and description of all items 0 from David Duane Greer on or about February 16,2012. 0 d. The inventory listing collected and or seized and description of all items from Monishia Campbell on or about February 16,2012. 0 e. J.\ny and all a.u.``?... ~!!.~ ..<:>~ video ~ec()~<:Iings of the Defendant, David Greer 0 of_the investigation fo~ ~he.. ~_harge<:} offense. whic_h was t? _have occu.r:~d on or about May 14, 2012. 0 f. The inventory listing collected and or seized and description of all items 0 0 0 from David Duane Greer on or about May 14,2012. g. The names and addresses of all persons who have, or who may have, 0 information favorable to the Defendant. 0 h. The names and address of all persons interviewed by the State in connection with this case, but whom the State does not intend to call as witnesses fl in this case. 0 1. Any information which may tend adversely to effect the credibility of any person called as a witness by the State, including the arrest and/or conviction 0 record of each State witness, and including any offers of immunity or lenience, '0 whether made directly or indirectly, to any State's witness in exchange for testimony. !0 WHEREFORE, PREMISES CONSIDERED, David Duane Greer prays that this Court :0 order the State to disclose all exculpatory and mitigating evidence in its possession. 0 Respectfully submitted, Gray, Granberry and Jones; Attorneys at Law 103 N. Main St. 0 Bryan, TX 77803 Tel: (979) 822-4759 Fax: (979) 779-0575 .·"' 0 .---7.; ~ 0 By: WI~···· .-' State ar o. 24007265 0 Attorney for David Duane Greer 0 0 0 .. :_P~_g~ _31 0 D 0 CERTIFICATE OF SERVICE I hereby certify-that a true and ~rrect copy of the foregoing Request has been delivered D to the prosecuting attorney at the Brazos County Courthouse on the date~led. /~/~ / / B EARLen:Y _:_ . . n- D 0 0 0 0 0 0 0 0 0 0 0 0--- -·····-·· -·-····-···---·--·--········· ··------· ····•····· Page_3.2.. .·-- . 0 n u 0 TilE STATE OF TEXAS 0 Vs. 1Av1'c\ Di-to__n e.. To: The Sheriff of Brazos County, Texas Brazos County, Texas, effective at ---+:-'-':---'.-'-.I....<;.......J,::t~ 201.:1::=:_ relating to the offense(s) of ':........~to serve a term of _ _ _ ___............>--L-.........,.--+---"-"..__'------- -.;:---in the Brazos County Jail ~j in the Institutional Division of the Texas Department of Criminal Justice _ _ _ in a State Jail Facility _ _ _ as a condition of community supervision _ _ _with referral to the State Boot Camp _ _ _ work release is authorized _ _ _ each SUM T W Th F Sa from m. until m. _ _ _according to the schedule _ _ __ ___to be held in the Brazos County Jail _ _ _without bail, until further order of this Court _ _ _until transported to a Substance Abuse Felony Punishment Facility _ _ _pending appeal from his conviction of a felony . _ _ _until sufficient bail is posted in the amount of$. _ _ _ _ _ __ -....,--- in cash or surety bond fonn _ _ _ in personal bond form 0 _ _ _upon the attached conditions; __,._ _t.o be released from custody on the above charge(s) without conditions -~_,___CREDIT FOR TIME SERVED 0 _ _ _UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to pay court costs of$ fine of$ ; attorney fees of$ _ _ _ _ __ ; restitution o f $ - = - - - - - - - - - lay-out court costs of$ ....?c:GI CO & /7J 0 _J r • _ _ _TO RUN CONCURRENT W I T H - - - - - - - - - - - - - - - - - - _ _ _S,PECIAL INSTRUCTIONS: 0 _ _ _YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING This ·Court Order.was ON THE FIRST DAY THAT YOU REPORT TO JAIL. FAILURE TO 0 COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED A..ND STRAIGHT TIME ORDERED. Defendant's i n i t i a l s - - - - - - ·\~)~ 0 SIGNED this the - d 0 Presiding Judge . ``9~ . ``·-- ..... ___ ___ .... 0 n 0 CAUSE N0.12 -C -~:~·= 4- ~ (_[.:. '``·;;,..\\• ltf () ('c) ... '1'V 0 THE STATE OF TEXAS § . IN THE J:.fJ- DISTRICT C~RT ~, B ~ ~ OF BRAZOS COUNTY, TEXAS-· ·. {);v7'~ .· . . u O [l TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* 1. Judge of the trial court, certify this criminal case: 0 ~ Is not a plea-bargain case, and the defendant has the right of appeal. [or J o is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial 0 and not withdrawn or waived, and the defendant has the right of appeal. (or] o Is a plea-bargain case, but the trial court has given permission to appeal, and the defendant 0 o has the right of appeal. [ or] Is a plea-bargain case, and the defendant has NO right of appeal. [or] 0 o The defendant has waived the right of appeal. 0 0:,' "{~ 0 0 0 0 State Bar o exas 10 number:,_ _ _ __ 0 Telephone number:----'----- Mailing address: _ _ _ _ _ _ _ __ Fax number (if any): _ _ _ _ _ __ Telephone number. _ _ _ _ _ _ __ 0 Fax number (if any): _ _ _ _ _ _ __ • "A defendcnt in a criminal case has the right of appeal under these rules. The bial court sl'iall enter a certification of the 0 defendant's right to appeal in every case in which it enters a judgment of guHt or other appealable order. In a plea bargain case- that is, a case in which a defendant's plea was guilty or nolo contendfe and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) !hose matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial courfs permission to appeal." TEXAS RULE 0 OF APPELLATE PROCEDURE 25.2(a)(2). Page 34 0 0 ,., :TfTJl-1: i.-:~:.:---~-\ 0 No. 12-03324-CRF-272 \f)·.~.J-1-~ ::,-,,n: ; ; w;r: i jj -··.. 'ln1? ,-•1 ; 0 THE STATE OF TEXAS 272ND DISTRICT CJ TPT,/)~h.~:h~:-:-·; ``_f;JJJ . ~: t. \l 0 vs. IN DAVID DUANE GREER BRAZOS COUNTY, TEXAS ll ORDER APPOINTING ATTORNEY ;-__ ;_.; ·' 'l __ , __ :·ti 1 0 l \ On this November 15, 20 l2, let it be known that the Court found good cause to re 0 the court appointed attorney from this case. . •' It is therefore, ORDERED, ADJUDGED AND DECREED, that EARL GRAY, a :0 licensed attorney by the State of Texas is hereby released in this case and no longer represents :0 DAVID DUANE GREER, Defendant in the above numbered cause(s). On this November 15, 2012, let it be known that this Court found good cause to appoint 0 an attorney to represent the Defendant in any post-conviction writ and/or appeal proceedings in the above numbered cause(s). ~o I hereby appoint MARY HENNESSY, an attorney found by the Court to be competent, to represent DAVID DUANE GREER, Defendant in the above numbered and titled cause in any 0 post-conviction writ and/or appeal proceedings, if any, or until released by wdtten order of this Court. :O . . SIGNED on Thursday, November 15,201 ·o 0 0 0 Order Appointing Attorney 0 Page I of2 :Page 35 0 n 0 0 ·B Copy was: D Mailed to: D Delivered to: D Transmitted by fax to: MARY HENNESSY 403 Alamo St. 979-277-0757 .o Attorney Appointed Brenham, Tx 77833 Address · FAX: 979-277-0030 Phone Number -o Copy was: D Mailed to: D Delivered to: Custody status: :0 DAVID DUANE GREER IN JAIL Defendant Address Phone Number :0 Copy was faxed to Office of the Brazos County District Attorney VIA FAX NO. (979) 361-4368 ,Q ·0 '0 0 0 .0 0 0 0 Order Appointing Attorney 0 Page 2 of2 Page 36 .o P. C0 r.-,rr un ; cd i on Re su1t Re:· o r t ( No v. 1?. L012 i 0: 34MA ) " 1: 0 1) Or~::~ c``nty 272~d D• ~t Court 2) Dd-e /T i me : Nov. 15. 2012 10: 33AM 0 Fi 1e N:J. Mode Des! ina! ion Res u1: Page Not Sent 8961 Memory TX 91--979-27/-0J30----9581832 P. 2 OK DISTRICT ATTORNEY OK ·o R~a.$(1 1C·r ~rrC"r 1) Hang up or line "fa.tl E. 7) Bo~sy 3) No a.r~vre• E.4) No id.L:.imilt: t:onnection 5) Exct:c:dt:d ma.x. [·mail ~•.:e TilE STATE OF TEXIIS 272ND DIS11Ucr COORT vs D.' DAVID DUANE GREER BltAZOS COUNIY, TEXAS ORDER Al'l'OlNTING A'ITORNEY On this November· 15, 2012, )Ot it be. blown lbar the Court found t;ocd cau.Jt" 111 sdcaP: lhD oourt ~pojncc4 a.1tCmoy hom Ibis case. It is 1hcrd'oae. ORDERED, ADJUDGiiD AND PECREED, that EARL GRAY, • lic:cnm! l'llllomcy Py 1bc Snd:e of Texas is llz:Rb:y ll:l:a:s:t:d in 1his case a:nd no lonptr tt:pie$01U DA VW I'JUANl:: 0~ , ~ftouwtan1 in lht:. abate 1'1bJnberej C3\Ue(a). C'blthisND¥anbcr lS. 2012,. tet it bcknoWD Jblt dnr CourtfOWld eond.caQSC":.to appoird n IIIU>mc;f "' lCf"==' rh: Ddcndanlln lUIJ' poso-amviclian Wlit ami/or app:al """'llinzo in 1hlo .oove lllllllbacd ""'c(•). 0 l b=by oppoilll MARY HI!I\'NESSY,.., ollunJ37 Tex. 337/1 z, CRi/!'18ei\H/ ,0 6 C:~LLJe,f/o Cot3o5 ·o 9 l'f'o6ei(T 13, /-1/1 s/1 .0 10 11 v,'c!oR//l /. C/tRTeK Lu/s C. £s-hNo r2 Lv C/t5 J. I,RV/~ tD 13 _ _ _ _ _ _ _ _ _ _ _ _ _ __ 14 _ _ _ _ _ _ _ _ _ _ _ _ _ __ 0 \1 Q__P_"'_r_-e_or=_r,r,_,_"``_i._/I-·/_'J_-~_o._.,,. •:"=~-. ,:-. ... ``-:-:-.,-..:--l\B,m.--==:--•:-;;-li\Jif':~oi.,:=-~.-:••·..:..``\j.:#&.-="i:--·``-:.~--••``··~·-·•a. 'o"JORT.''"•' ··1~'· . . . •,~-·-- -``f • _ _ _ _ _ _ _-·~-·--~-·- · !0 :o 0 0 0 0 :Page 38 LJ >In·-~ '! I I•_; 16-2892 . li No.12-o35 ;;l/-c,RP~J;l ~ ~ ~ , I.J • THE STATE OF TEXAS, vs. It ,.=1 011vi{) /Jv/I~Ye CReel. :~ ~· `` ~ 0) M !l``: - - - - - - -- C1) en Defendant. m ~I D. JURY CHOSEN I·J1,_, FILED [\}0\le~c 10 I . :~·I .['',,c...rc. \['.. -1-\c;.m \; o I ,..' ,,! •·· ' ·~ .I -. -~ epuly. ``,;1 ' 1• . ·:. ;``1 Y/ ~-: ~ r.:_ _______ , ~ ;_-_____ ::oiL `` ~_::~ ~ ,...--:-"1 ~":1 ~:--'\ `` (."~ `` ``.;.,") I-·------~ ~:"1 `` t:;. _______ ::-.?\ STATE OF TEXAS ·. I Vs DAVID DUANE GREER [J\ 12-03324-CRF-272 8 0 0 0 0 0 0 .Q DEFENSE STRIKES -~-U~Rf ---- ---~-~! - 0 /?:'`` ~t:=``::;j;d. EXCUSED Juryw.,,.lttiOOot 0 November 13, 2012. Remaining panel dismissed at the same time. 0 Ernie J. Montoya, Bailiff 0 0 D lJ Page 40 0 n STATE OF TEXAS Vs DAVID DUANE GREER 12-03324-CRF-272 November 13 2012 46. JOHN JOSEPH 61. ' 76. 0 ALBERNAZ 47. OMER LLOYD EVERETT 62. 77. 48. JEFFREY MA IT 63. 78. :0 WATSON 49. VENESA ANN HEIDICK 64. 79. :0 50. ERIC KARSTEN 65. 80. BARDENHAGEN 51. JULIA ANN GOOD. 66. 81. 0 52. BEVERLY THOMPSON KUHN 5J . .I\J't:J-H..I:i HIU n n ~.- 67. 68. 82. 83. --- !/l,'oo/1 :0 54.~:..!Lf'l-l ~ SS:-8€ t.B v r~n v ·~ ") !l'I>IJ 70. 69. 84. 85. ~ ) //.''/511 ,o :Jo. U"HLIST(NF ~ T``LL ) I. ) 1/''IS/i mADART~ 72. 71. 86. 87. NTCl. I 1/:ooll 1D· 5~ND. A...LJ,Gm ...,.~utK .___-/_ 73. ) //ys/1 88. )9:-RlillNDA JO~ 74. 89. I /l:y.>/1 ·D In!- ov. ~ER PFTTIJ:. __., 75 . 90. .J:ll.!.Q-&h. 1 l1 ) //."/§'# STATE STRIKES DEFENSE STRIKES !0 t:::::.-c::::q=:~ EXCUSED Jury was selected at /J,''Isf November 13, 2012. 0 Remaining panel dismissed at the same time. Ernie J. Montoya, ·.fl .u Bailiff ---·-------· '• ... ~o 0 0 Page 41 0 n 0 :8 iO 7 221163 . 221421 MANCHI SCHLECHTE NICH``S EDWIN iAI\IN May 22 1987 .7 •n<>" 8 LAND February 8, 1949 10 223160 SMITH ROBERT ld 17, lr. '" LAURIE November 30 1946 13 224679 SCHLITTER REBA iO - 15 \'>'lAQ"ZIO 224893 loo ~•c GAUMBERTTI '('"' MARISA lt::l ·~·c:: z ·~ "" Al!QUSt 6 . 1952 16 225220 COBOS GILBERTO February 21, 1955 17 226198 HOLT MICHAEL LEE September 29 1952 '" ·~..,,...,,.., ~r ln.- ,,..,.. ~'2"1 10lU rTn.hlY_ '"'.A Hl51l. 20 226494 SMITH KEVIN SCOTT September 9 1966 ---.. 22 226615 PARKER BRENT KEITH July 29 1957 23 226666 HENRY SARAH ANN December 12 1985 24 227248 MCINTYRE DAVID p July 22 1954 '>o::: j.-,07'>"<7 ~ VI\Mt:: 26 227331 HASH ROBERT BRUCE May 28 1957 27 227377 FROSCH CAROL BROWN June 2, 1949 29 227575 CARTER VICTORIA RAY December 12 1957 30 227586 MOORE SHARON ALICE November 19 1956 31 227663 FREDERICK PAULA KATHRYN A_pfil14, 1970 32 227670 ESPINO LUIS CARLOS October 6 1988 0 33 34 1 227689 227799 IRVIN MOORE LUCAS CASEY JAMES JOE November 24 1982 November 22, 1982 0 36 227995 STECKMAN BETTY UTECHT May 30 1950 37 228069 ARIAS ANTONIO July 21 1963 38 228100 PFITZER ANTHONY D. September 24 1956 39 1228234 NELSON NANCY HICKS July 18 1947 ~40~f-2=2=87=8~8~-fB~O~O~N=E__________-fKA~R~E~N~-------fK~·------------~D~e~c~e~m~b~e~r2s.~1~9~55``- 41 228937 DAVIS JAMES A June 29 1960 42 228969 FORD VIRGINIA A June 15, 1965 0 0 0 0 Page42 n _( 43 44 Summons 1 229176 229203 last !BARKER HAQUE N~mc Firsc Name COREY MOHAMMED Middle Name MICHAEL ENAMUL Date of Birth Mav 17, 1974 Auoust 3 1959 0 45 46 47 229285 229379 229398 STRONG ALBERNAZ EVERETI STEVE JOHN OMER A JOSEPH LLOYD June 13 1960 July 31 1960 January 9 1947 48 229425 WATSON JEFFREY MATT September 20, 1971 D 49 50 229430 229545 -~z::;o::;4 HEJDICK BARDENHAGEN ______ '1(;;000 ··-- -- ... .. VENESA ERIC JULIA ANN ii----~· t ;:.. l\(t~/' ..,..... .. I ~-- .. :; E ~ Summons Last Name First Name Middle Name Date of Birth ) 1 218979 cox KATHRYN PATRICIA October 25, 1965 2 219062 NIETO LORYNN MARTINEZ December 13, 1972 .,. [., - IDII IA.IO . 4 220044 SPARKS JEFF SCOTT AUQUSI 22 1967 5 220079 KELLING RONALD DANIEL March 1."1958 J 6 220913 CESSNA ROBERT RANDALL October 31 1952 7 221163 MAN CHI MALATHI REDDY May 22 1967 8 221421 SCHLECHTE NICHOLAS EDWIN May 22. 1987 :l 9 222554 WELSH HALLEY ANN March 7 1986 J 10 223160 SMITH ROBERT LAND February8, 1949 11 223308 SLOVAK BOBBY JOE March 21 1950 12 223333 BERNAL ELIZA G Jul}' 2 1971 '0 ,,., ·~..,,., I SCHI ITT.J;;J;L REBA . '](\ '"''" 14 224879 BLAIR JACQUELINE MARIE July1,1961 15 224893 GALIMBERTTI MARIS A z Auqust 6, 1952 16 225220 COBOS GILBERTO February 21, 1955 17 226198 HOLT MICHAEL LEE September 29 1952 ''"',...,..,,... ..... 1-r.-. '"' lo.=...>rr · ..,.,_ ono 19 226310 HERNANDEZ TONY L August4. 1958 •cornTT ~ 0 10"6 " 21 226502 LAMB CHAD DWAYNE January 19 1976 22 226615 PARKER BRENT KEITH July 29; 1957 23 226666 HENRY SARAH ANN December 12 1985 1.-.~ -"'· n ..,.., '"'· '>"- IYIWFI ·'>n !ot::n 26 227331 HASH ROBERT BRUCE May 28, 1957 I"'K' lf'ID,-, co,-,• " "n"' ? 1<1LlQ 28 227569 LAVENDER STEVEN LAWRENCE June 18 1976 29 227575 CARTER VICTORIA RAY December 12. 1957 30 227586 MOORE SHARON ALICE November 19 1956 31 227663 FREDERICK PAULA KATHRYN April14 1970 32 227670 ESPINO LUIS CARLOS October 6 1988 33 227689 IRVIN LUCAS JAMES November 24. 1982 34 227799 MOORE CASEY JOE November 22, 1982 35 227811 MASTERSON SAMUEL AARON March 1 1983 36 227995 STECKMAN" BETTY UTECHT May 30. 1950 37 228069 ARIAS ANTONIO July 21 1963 .">0 ,,.,.., ...... 39 228234 NELSON NANCY HICKS July 18 1947 1.0. .,,..,..., <= •nr• 1..... .., •nr:t: 41 228937 DAVIS JAMES A June 29, 1960 42 228969 FORD VIRGINIA A June 15 1965 J------ !Page 44 ·. l-100 1 }-----=-¥--``-~+-------i ~u ~ ..-or ~ ~ rJ Page 45 lJ J CAUSE NO. 12-03324-CRF-272 STATE OF TEXAS § IN THE DISTRICT COURT J vs. § OF BRAZOS COUNTY, TEXAS DAVID GREER J LADIES AND GENTLEMEN OF THE JURY: J Possession of a Firearm by a felon, alleged to have been committed on or about February 16, 2012 in Brazos County, Texas. To this charge, the defendant has pleaded not guilty. I. A person who has been convicted of a felony commits an offense if he possesses a firearm after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory. supervision, whichever date is later. J "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel J by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. J "Possess" . means t.h~. c;cg:~, .... ````gdypconttol, . . .. •, '· -·. . o(tnanagemerit . :. -. ·: ........ '····. of property. ' ·.~· .. -~ ·''Felony" means an offense so designated by law or pm``mble by death or confinement in a penitentiary. 1 ~ ~ Page 46 I I A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the "' circumstances exist. A person acts knowingly, or with knowledge, with respect to a result ofhis conduct when he is aware that his conduct is reasonably certain to cause the result. II. Now, if you find from the evidence beyond a reasonable doubt that on or about the 16tll day of February, 2012 in Brazos County, Texas, the defendant, David Greer, did then and there having been convicted of the felony offense of Possession of Methamphetamine on the 6tll day of November, 1997 in Cause number 13, 603 in the 278tll District Court of Grimes County, Texas, intentionally or knowingly possess a firearm before the fifth anniversary of the Defendant's release from supervision under community supervision, or parole, or mandatory supervision following conviction of said felony, then you will find the defendant guilty of the offense of unlawful possession of a firearm as charged in the indictment. Unless you so find beyond a reasonable doubt, or if you have a reaSonable doubt thereof, you will acquit the defendant and say by your verdict "Not Guilty." III. A grand jury indictment is the means whereby a defendant is brought to trial in a felony prosecution. It is not evidence of guilt nor can you consider it in passing upon the question of -2- Page 47 0 0 guilt of the defendant. D IV. You are instructed that our law provides that the failure of the defendant to testify shall 0 not be taken as a circumstance against him, and during your deliberations you must not allude D to, comment on, or discuss the failure of the defendant to testify in this cause, nor will you refer to or discuss any matter not before you in evidence. 0 v. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that a defendant has been arrested, contirled, indicted or otherwise charged with an offense gives rise to no inference of guilt at trial. The law does not require a defendant to prove his innocence or . . . . produce any evidence at alL ~e_p``~-~I"IlP.``!?_<:?f``-()``E-ce·~J~?er:is'stiffic~_t:!l:!:fcY''~cq~_i!_th'e' . ~eferi&Clntr~.l_nl ~_s.§_!h~ ].!:!~````ti'o~:f1````h``b.``¢.~Il:'~fcP!.lf'.rfltiSf'Ori:o``~6risider;·':r~fet'Eo;:'not~'dJ``~$c6iriy'rhattef~Q!:."·· 0 -~_sue:npt's~Owntby~th~·t.wJd¢,~¢-~;'in;··tae~c.~§``@``tl:r~J``~a~onable``Q.fe~:ac``gg:ffi:``~§~i.:PE~.~-~. 0 ·_-Jt~iSt>te>nl;Y-:J[~.iTii{tfu'eAyitness-Stand,::,or;;t~ngihle.:items'-.adihitterl.~fi:a~o~;~xi:9``P``:``-~t``~-:.j·?_tf·+s. . ' . . . . . --P.~Fm;i.tted-,to%'lieP¢_jye¥.;6v-i'd15i}"``~i:¥e'gafdih'g,the .. ca·se':...You should not consider nor mention any 0 ....... , ~. . . ,...... ._. _; __- . --· ·. . .. -··-·· --~-- ..-·. ···--- ··-·-- ···-··---··-····· ·----~----------------. £_e~s````J~no~1~4ge `` inf<:J``tiO!J:Y~_U ITlay·~-~y~ _a~out any· fa`` ()rp~f..SOJ]_C()~ecte9:~!t:J:1_t!!i§ ······- ;0 ~i:!````i~h-``-~_rt describing each offense for which the defendant is sentenced to TDCJ 0 4. A copy of the indictment or information on each offense for which the defendant is sentenced to 0 TDCJ 5. A copy of the Jail Conduct Report 0 REQUIRED DOCUMENTS FOR ALL OFFENDERS (IF PREPARED): CHECK 6. Deta.iners, Holds or Warrants 0 7. Pre- or Post-Sentence Investigation Report 0 8. Revocation Report 0 9. Psychological/Psychiatric Evaluation 0 10. Client Supervision Plan 0 11. Texas Uniform Health Status Update (For Special Needs SAFP sentenced offenders copy ofTUHSU 0 must be provided to TDCJ when Pen Packet Document Checklist is submitted for admissions scheduling. For ALL offenders TUHSU must be delivered to the TDCJ unit with the. offender at time of physical admission.) 0 12. Victim Impact Statement I CERTIFY THAT ALL DOCUMENTS CHECKED ABOVE ARE ATTACHED 0 0 (PLEASE WRITE LEGIBLY): Printed Name of Person Completing Checklist Title Contact Information for Person Completing Checklist (Area code, phone number, extension) _o Signature of Person Completing Checklist 0 1 Companion Definitions and Guidelines Available 0 D ·Page 55 0 n . "l )1;CJ .... 0 : ~.- No. 12-03324-CRF-272 0 THE STATE OF TEXAS IN THE 272ND DISTRICT COURT D VS. OF 0 DAVID DUANE GREER BRAZOS COUNTY, TEXAS 0 0 0 0 0 G Date: _ _ _ _ _ _ __ 0 u D 0 0 Right Thumb Print 0 D Page 56 0 n [) TEXAS DEPARTMENT OF CRIMINAL JUSTICE 0 CORRECTIONAL INSTITUTIONS DIVISION CLASSIFICATION AND RECORDS DEPARTMENT ADMISSIONS SECTION 0 JAIL CONDUCT REPORT GREER, DAVID. 12-03324-CRF-272 D OFFENDER NAME (Last, First, Middle) TX03329636 SID NUMBER CAUSE NUMBER G I certify that the above captioned offender has committed no serious acts of _ _ _ _ _ misconduct while in my custody. 0 ----- I certify that the above captioned offender committed serious acts of misconduct as follows: 0 INCIDENT: D .. 0 E Dates subject has been arrested and released on the above cause number in chronological order: IN OUT 2/16/12 3/21/12 0 5/14/12 11/15/12 0 0 u TDCJ COORDINATOR COUNTY SHERJFF'S DEPARTMENT u ** This form should accompany all offenders' commitment papers transferred to the Texas Department of Criminal Justice. ** Attention: CRO State Ready Section 0 u Page 57 0 n 0 'Brazos Ccru.nty · St., Suite 216 300 'E. 2fY;, 'Bryan 1X 77803 0 (979) 361·4230•4240 :Marc Jfamfin 0 'District CCerk 0 ~ 0 I HEREBY ACKNOWLEGE RECEIPT OF THE TDC PACKET ON: 0 DAVID GREER 12-.03324-CRF-272 u CAUSE NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ FROM THE DISTRICT CLERK'S OFFICE. 0 PREPARED BY:_.__ A. MORGAN_ _ _ _ _ DATE: 11/1.9/1.2 E. RECEIVED BY:_ _ _ ]C£__;' ~.._4.....__~--~-+---DATE:_.-1., . .:~.-~. .:. . _· l.....l.\-+-\ D \WI \ 0 0 D 0 0 u Page 58 u 0 0 THE STATE OF TEXAS :0 To: The Sheriff of Brazos County, Texas 0 Brazos County, Texas, effective at ---1-:'"':---?-.<,;_.J`` 20 1~ relating to the offense(s) of ~t-U-``.w.....!7'-``-.LUJ~LLL.I---"~----l..~i;.I.L.I."'-"?""--=:::-- '-:.......~ to serve a term of _ _ _ _---J.-l~..........'+-~.......,L..w;,_..~--_ _ _ __ 0 ~--in the Brazos County Jail ............_j in the Institutional Division of the Texas Department of Criminal Justice --~in a State Jail Facility ___ as a condition of community supervision :o ___ with referral to the State Boot Camp ___ work release is authorized _ _ _each SUM T W Th F Sa from m. until m. ,0 _ _ _ according to the schedule _ __ ___to be held in the Brazos County Jail _ _ _without bail, until further order of this Court 0 --'---until transported to a Substance Abuse Felony Ptmishment Facility ----!pending appeal from his conviction of a felony _ _ _ until sufficient bail is posted in the amom1t of$._ _ _ _ _ __ ._._n_ _ _ _ in cash or surety bond fonn U ---'--- in personal bond form _•_0 @. .:/-.. \4 _ _ _ upon the attached conditions; 98 to be released from custody on th;,abqve c~e(s) CREDIT FOR TIME SERVED unc..lu.dU\9 flme..., bifVr...c.J .J -ff without conditions om ?. -\(p -2- bl'2- thru.. 3. J./, Zo )2-) C;i -~ r _ _ _UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to ~ pay court costs of$ . ; attorney fees of $ ; ..(- · ·D "- . ~ fine of$ urt 1ay-out co costs o f$ 2 c~JesJbtution ...r1. . of~ ~ _ _ _TO RUN CONCURRENT WITH _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 0 _ _ _ SPECIAL INSTRUCTIONS: _ _ _ YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING n ON THE F1RST DAY THAT YOU REPORT TO JATL. FAILURE TO COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED AND STRAIGHT TIME ORDERED. Defendant's InJtials - - - - - -~ \~ 0 SIGNED this the d 0 ·u Page 59 . ··- ---.........-·------ Q ·o NO. 12-03324-CRF -272 · B STATE OF TEXAS § IN THE DISTRICT CO § n vs. DAVID DUANE GREER § § § BRAZOS COUNTY, TEXAS 0 MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT '0 TO THE HONORABLE JUDGE OF SAID COURT: 0 · COMES NOW, David Duane Greer, the Defendant in the above styled and numbered cause, and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of 0 the Texas Rules of Appellate Procedure, and in support thereof would show this court the following: :0 1. The Defendant was sentenced on November 15, 20 J2. This Motion, filed within the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the ·D sentence, which is January 29, 2012, or this motion is overruled by operation oflaw. 2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. '0 21.3. G 3. The trial court has the discretion to grant a new trial in the interests ofjtistice, as the Court of Criminal Appeals has emphasized: 0 For more than one hundred and twenty years, our trial judges have had the discretion to grant 0 new trials in the interest of justice. In Mullins v. State, , 339-340 (1872-73 ), the Supreme Court, which at that time had criminal jurisdiction, held: 0' ... The discretion of the District Court, in granting new trials, is almost the only 0 protection to the citizen against the illegal or oppressive verdicts of prejudiced, careless, or ignorant juries, and we think the District Court should never hesitate to 0 use that discretion whenever the ends of justice have not been attained by those 0 u Page ~0 0 fl. ,_) n verdicts. State v. Gonzalez,
855 S.W.2d 692(Tex. Crim. App. 1993). D 4. For the foregoing reasons, and for such other reasons that may arise on the hearing of this Motion, Defendant requests a new trial. ·o WHEREFORE PREMISES CONSIDERED, Defendant prays that the Court set aside the . ' D L judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, D MARY HENNESSY 0 P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 D .·-"\ ; 0 By: _ _ . --+----"-'-'-_____."'----t---- /'__ Mary Hennes State Bar No. 09472300 G Attorney for David Duane Greer n CERTIFICATE OF PRESENTMENT D By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of D Brazos County, on this day, December 11, 2012. 0 0 CERTlFJCA TE OF SERVICE 0 This is to certify that on December 11, 20 12, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Texas, by 0 2 u Page 61 0 0 n facsimile transmission to: 979-361-4368. 0 B 0 0 0 0 D 0 n 0 D 0 0 0 ( 3 0 0 - - - - - - - __ . Page 62 0 0 MARY B. HENNESSY B ATTORNEY AT LAW P.O. Box 2536 Brenham, Texas 77834-2536 [)(; i=-i i.. t::: JI""L..--'--- jl/} fU o'clock -'1-1 M Tele. (979) 277-0757 0 Fax: (979) 277-0030 December Jl, 2012 8 Marc Hamlin Brazos County District Clerk 0 300 East 26th St., Suite 216 Bryan, TX 77803 D Re: 12-03324-CFR-272; The State of Texas v. David Duane Greer; In the 272nd District Court, Brazos County, Texas 0 Dear Mr. Hamlin, Enclosed please find Defendant's Motion For New Trial and Motion In Arrest of Judgment 0 in connection with the above referenced matter. Please file in your usual manner. u Thank you for your cooperation. 0 G D Enclosure 0 cc: Brazos County Assistant District Attorney's Office Via facsimile # (979) 361-4368 Client n "' 0 D D tfr Page 63 [l '• --~7:.- ·-``;; .... __ .: .. . . - P····-- . ~- .:_ .. _ :!!~ G 0 THE STATE OF TEXAS V. § OF BRAZOS COUNTY, TEXAS B DAVID GREER § 272nd JUDICIAL DISTRICT 0 STATE'S OPPOSITION TO DEFENDANT'S MOTION FOR NEW TRIAL AND 0 OBJECTION TO ANY uNTIMELY AMENDED MOTION FOR NEW TRIAL Pursuant to Tex. R. App. P. 21.5, the State opposes, in writing, the Defendant's 0 Motion For New Trial. 0 On November 15, 2012, the Defendant was found guilty of the offense of D . possession of a firearm by felon, and he was sentenced to 30 years in the IDTDCJ. 0 _On December 13, 2012, the Defendant filed his motion for new trial. He alleges one ground: Q 1. that the "verdict in this cause is contrary to the law and the evidence." 0 (Motion, p. 1). 0 A. He prays for a new trial. (Motion, p .. 2). The 'Defendant's motion.should be. denied_ without a hearing because his - . . .-· ·· - -,_. - -- - ------- 0 mrili~1fii~i!Q"i--~J!iin.2ri``~b.i.``ffiai~it'. ---.F,:``-·- "As a prerequisite to a hearing, and as a matter of pleading, motions for new 0 trial must . . . . be ~i.lpported by an' affidavit of either the accused or someone else . -·~·_··'<•·•-:···. -- .... "1~·- ........ ,.." .......•• \ · ...... ·.... ~ .. ,: . . _... . ,,•._ ,• . . . ·:_ ..... :_,; .. ·.···::;· ;·.'··-_:,._ -,-<· .. ·.~ ·- .·:··-.····..--···~ 0 0 Page 64- D 1 I I motion must be supported by affidavit. Marquez v. State, 356 S.W.2d 797,799 (Tex. Crim. App. 1962). The defendant's motion for new trial must contain an affidavit where the affiant has personal knowledge of the facts or be "some other person who was in a position to know the facts." Dugard v. State,
688 S.W.2d 524, 528 (Tex. Crim. App. 1985). In this case, the motion for new trial is not supported. by an affidavit. The Defendant's motion should be denied without a hearing on this basis alone. B. The Defendant's motion should be denied without a hearing because his ground for new trial may be deter~ned from the trial record. The Defendant is not entitled to a hearing on his motion where his ground for new trial may be determined from the trial record. See Reyes v. State,
849 S.W.2d 812, 816 (Tex. Crim. App. 1993). C. The State objects to any untimely amended motion for new trial, if fJ.led, and to any order purporting to grant any untimely amended motion for new trial. Tex. R. App. P. 21.4 allows a defendant to amend her motion "within 30 days after the date when the trial court imposes or suspends sentence in open court .... " The I . ·. 0 Defendant was sentenced on November 15,2012. Therefore, the last day to timely file n an amended motion for new trial was December 15,2012. The State objects to any untimely amended motion for new trial, if filed, and to 0 any order purporting to grant any untimely amended motion for new trial. See State v . .B 2 0 Page 65 0 0 0 Moore,
225 S.W.3d 556, 570 (Tex. Crim. App. 2007). 0 PRAYER 0 WHEREFORE, the State prays that the Defendant's Motion for New Trial be denied without a hearing. n 0 ~--ly_WJ Douglas owell, III Assistant District Attorney 0 300 East 26th Street, Suite 310 · Bryan, Texas 77803 0 (979) 361-4320 State Bar Number: 10098100 0 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing State's Opposition u to Defendant's Motion for New Trial was delivered to~ Hennessy, P.O. Box 2536, Brenham, TX 77834 on this the '2--0 day of --t2fc , 2012. D ~. D D [l 0 0 3 0 Page 66 u 12/11/2012 12:1B '379277EH330 t'1ARY HENNESSY PAGE 02/05 NO. 12-03324-CRF-272 STATE OF TEXAS §. § Y$. § § DAVID DU~.o\..~ GREER § BRAZOS COlJ"NTY, By MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGME:vf TO THE HONORABLE Jl.Jl>GE OF SAJD COURT: CO:tvfES 1\0W, David Duane Greer, the Defendant in the above styled and numbered cause, and filc:s this Motion for }.Jew Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of )_ the Texas Rules of Appellate Prucetlure, and in .supporllh~eofwould .show this court the fullovving: r 1. The Defendant was sentenced on November 15, 2012. This Motion, filed v.ithln the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the t sentence, which is January 29, 2012, or this motion is overruled by operation of law. 2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. 21.3. 3. The trial_ court has the discretion to grant a new trial in the interests of justice, as the Coun of Criminal Appeals has emphasized: For inore than one hundred and twenty years, our trial judges have had the discretion to grant t ! new trials in the interest of justice. In Mullins v. State,
37 Tex. 337, 339-340 (1872-73), the Suprem~ Court, which a~ that time had criminal jurisdiction, held: r . - . The d1~cretion of the District Court, in graritiD.g new trials, is almost the only protection to the citizen against the illegal or oppressive verdicts of prejudictd, careless, or ignorant juries, and we think the District Court should never hesitate to use that discretion whenever the ends of justice have not been attained by those 1 Page 67 12/11/2012 12:10 97927713030 HARY HENNESSY PAGE 03/El5 verdicts. State v. Gonzalez,
855 S.W.2d 692(Tex. Crirn.. App. 1993). I 4. For the foregoing reasom, and for such other reasons that may arise on the hearing of this Motion, Defendant requests a new trial. \VHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside the judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, lviARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-00.30 ,... _... ........ i ~ ~ ``/lL..----, By: I Mary Hennes ; State Bar No. 09472300 Attorney for David Duane Gree1· CERTIFICATE OF PRESENTME~T By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of Brazos County, on this day, December 11, 2012. CERTIFICATE OF SERVICE This is to certify that on December 11, 2012, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Texas, by 2 I ~ Page 68 12/11/21312 12:113 S7S277BB30 PAGE !34/135 \ ! facsimile transmission to: 979-361-4368. l J 3 Page 69 I n I LED ---1o'clockp_M 0 272"n DISTRICT COURT BRAZOS COUNTY, TEXAS Brazos County Courthouse 300 East 26th Street Suite 204, Bryan, Texas 77803 JAN 0 3 2D13 B Tefephone: (979) 361-4220 Travis B. Bryan III Judge Presiding Facsimile: (979) 361-4517 Ernie J. Montoya -Bailiff Lisa Parker-Court Coordinator Connie Rodrigue~-Administrative Secretary Kaetheryne Kyriell - Court RePQrter .o: Denise C. MacKay- Court Reporter December 18, 2012 D 0 MARY HENNESSY DISTRlCT ATTORNEY, BRAZOS COT.JNTY ATTN: DOUG HOWELL; RYAN CALVERT 0 VIA FAX NO. 979-277-0030 VIA FAX NO. (979)361-4368 0 RE: Cause No. 12-03324-CRF-272; State of Texas vs. DAVID DUA.¥E GREER in the 272nd Judicial District Court of Brazos County, Texas Dear Mrs. Hennessy: The Court has received the Motion for New Trial which you filed in the referenced cause. In the Motion, it appears that you are requesting a hearing on the Motion for New Trial. Pursuant to the Local Rules, the 272nd £ourt regqires .Y.9lLt.9_._r~.m``st a hearing .I?.X. f11i!!g a Setting_R~g11est fgrm~ the DistricLClerk``Lo_ffi.t.e.. This setting request form gives rrie the necessarY information I need in setting this matter for hearing. This Setting Request form. can be obtained from the County's website at wv.w.brazoscountvtx.gov (go under Courts and then under forms). Please file this Setting Request form at your earliest opportunity. If you have any questions, please do not hesitate to call me. Lisa Parker Court Coordinator 0 Page 70 0 P. D~c. '8. 2012 12:f1GFM) * :: 1) 3-· .. :o• c~uoty 272~<' D .t. Cv"rt D 2) hte/T1me: Dec.13. 20't2 11:59~.M Fi : € :· ~ se th 1Ac, de Re 5 J l : Nr)t SE1t 9522 lli:f'lo ry TX DSTRICT ATTOR``V F. OK HN~ESSY MARY OK f r !': r r c r 1 Man& JD cr l · r e f:l·l· E. 2 l 6J~Y 5" Nc 3•·swe· E. 4l No fa:sini 1~ ccnn~:: ur ~:..c~e::fc:d ma.x. E~'Tl~Jl !1.<:t: ~ 1~ DlS'I'RlCI' COVJIT IIRAZOS COUNTY, 'l"&XAS. ~c`` )OtE.ad``.liaiM:JOI,.BJr)-..'liUSTIA.l l'ttc:pllrroc:j'919JJ6J-n;tl Fc::aiDic (into)Jii-Uf'7 Lin hnw.c.wt c...--. lnitJ.~.a.A;;. c.... a--.-...MM~•r_,._...s.-, ~l:.rftd-o.rt~ DniNC.~-o..n...,.,..,. I>ttembcr ll, 2012 l
:OS Th: Ccu:t hM n:cci¥Cd the MotiCtn !or New Trial ">bic.h )'OU filed .in dtc dcr=cai callSC- hi. 0 zbc r~cm, :1 app:ao.s tha: 1DU are requesrinr D haari.:lg on lhc Motion fur Nc:w Trial. Po.ouant to k l.oooi Rules, th< 2'17"' Collrt requi= you ., reqocst o b:aDng br .!!li!!l; o S.lti:>j; R.eq....., ft=o with the DCaria CleJkl$ office. ThU: PCtting RqCCSt form gM:.s me th:. nec-es:sacy iniarmiJ\icn I DOI:d in s impounded, or taken in custody ofthe Department shall be limit~ to those locations withln the vehicle where items ofvalue could reasonably be stored, including: a. the passenger compartment; b. under the hood; c. inside the tnmk, and d. within containers located inside the vehicle. D D·. VEHicLE INVENTORY REPORT B. 0 1. Every vehicle inventory shall be documented on a VEHICLE" · .INVENTORY REPORT FORM. \ G 2. The Vehicle Inventory Report shall be attached to the appropriate arrest report (if any) and forwarded to the Records Section. 0 3. All items ofvalue shall be recorded on the Vehicle Inventory Report . .r······"-.. "-··-····-=-=~..;:.;77"-=~-~--~=~,....,....---~___;`` 4. In most cases, the property should be left inside the impounded D vehicle. It: however, the vehicle canpot be reasonably secured or the property is of such value that the officer does not believe it would be safe to leave it in the vehicle, the property shall be logged into the 0 ~ Property!Eviderice unit for safeke_eping. Any .property removed :froJ.Il . the vehicle shall be noted onthe Vehicle Invento ·-Re ort, indicatin__g w ere 1 was or . ny amage to the vehicle that is noticed at the 0 time ofthe mvenrory shall also be noted on the report. 5. A Vehicle Inventory Report is required whether the vehicle contains 0 any valuable property or not. When there is no property of value to inventozy, the offieer shall indicate ''NONE" in the appropriate· location on the form. D 6. .. The siBJl#Ure of the owner or driver of-the inventoried vehicle should <~>e; obtained on the Vehi.clelnventory Report, when practicable. The 0 signature of the driver of the wrecker towing the vehicle. shall be obtained. 0 DISCOVERY OF EVIDENCE 1. :U: in the course of a vehicle inventory> the officer discovers an item 0 that constitutes. contraband or evidence connected to the commission of a criminal offense, the officer shall seize the evidence and _process 0 2. - it according to the established procedures of this Department. The· discovery of contraband or evidentiary items during a vehicle inventory may provide probable cause to believe that inaccessible 0 _ portions ofthe v~cJe'may contain additional contraband or evidence. .If sq,_ a ``!i..~t ~b?.JI be Qbtained to search those portions of the vehicle ·'Yhich would not ordinarily be subject to inventozy. 0 3. When contraband or evidentiary items are discovered, the vehicle inventory shall be completed whether a search warrant is obtained to 0 search inaccessible portions of the vehicle or not. ',. . . . •, ~ D 0 20 l l 1 2 J 3 4 j 5 6 J 7 l 8 l 9 10 l 11 12 State's Exhibit No .. 17 ~ .J 13 Judgment and Sentence 14 J 1.5 J 16 17 J 18 J 19 20 J 21 22 23 ~ \ 24 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT ~ ·-.:.• . ..... - .\. . .'p NO.l3,603 THE STATE OF TEXAS X IN THE 278th JUDICIAL v. X DISTRICT COURT OF DAVID GREER X GRIMES COUNTY, TEXAS JUDGEMENf ON VERDICT OF GUILTY BY IDRY PUNIS~ FIX;ED BY JURY NO PROBATION GRANTED JUDGE PRESIDING: JERRY SANDEL DATE OF JUDGEMENT: NOV 6, 1997 ATTORNEY FOR ATTORNEY FOR THE STATE: KELLY WEEKS THE DEFENDANT: BRENT CAHILL OFFENSE CONVICTED OF: POSSESSION OF METilAMPHETAMINE 4-200 GRAMS HABI1UAL DEGREE: FIRST (25-99) DATE OF OFFENSE: 10-5-SJi9S ~ CHARGING -INSTRUMENT: INDICTMENr PLEA: NOT GUILTY VERDICT: GUILTY PLEA TO ENHANCEMENr: TRUE FINDING: TRUE PUNISHMENT ASSESSED BY: IDRY DATE SENTENCE IMPOSED: 11~97 COSTS: $159.50 PUNISHMENT AND PLACE OF CONFINEMENT: FORTY (40) YEARS CONFINEMENT IN TDCJ-ID DATE TO COMMEN"CE: 11-6-97 TIME CREDITED: 3 DAYS · RES1TIUI10N: $140.00 TO TEXAS DEPARlMENTOFPUBUC SAFETY CONCURRENT UNLESS OTHERWISE SPECIFIED: STATE'S '] EXHIBIT 0 0 ... '•' 0 On the 3RD dey ofNOVEMBER. 1997 the above named and numbered cause was called for trial The parties appeared as fullows: the State ofTexas by her Assistant DiStrict Attorney and the .- Def!:ndant, I?.AVJI:> G~ m~..!l.``con``J3-~-~ Both parties announced 0l ready for trial The Defundant, having requested ajury ~-ell1e.red a plea of not guilty to the offense ofPOSSESSION OF METIIAMPHETAMINE 4-200 .GRAMS, a felony committed on the 5TH day of OCTOBER, 1995 as charged in the indictment. herein;_. thereupon; a jwy, to-wit: STEVEN KEATING, . mxi eleven others, having been duly selected, impaneled, and sworn, who having heard 0 ;~ the indictment read, and the Defendant's plea thereto, and havirig heard the eVidence submitted, and having been duly dwged by the Court, retired in the charge of the proper officer to consider their verdict. and afterwards were brought into open court by the proper officer, the Defendant and his counsel being present and in due form of law returned into open court the following verdict, which 0 was received by the court. and is here and now entered on the minutes of the court. to-wit: "We, the jwy, find the defendant, DAV1D GREER, guilty of POSSESSION OF METIIAMPHETAMINE 4-200 GRAMS." 0 .. /S/ STEYEN KEATING FOREMAN OF THE JURY o::: Thereupon, the Def\.'1ldant having elected to have his punishment. assessed by a jwy, and such jury was called back into the box and heard evidence relative to the question of punishment and thereafter retired in the charge of the proper officer to consider their verdict, and afterwards were brought into open court by the proper officer, tlie Defendant and his counsel being present, and in 0 .. due form of law returned the following verdict: We, thejwy, having found the defendant, David Greer, guilty ofthe offense of Possession of Methamphetamine 4- 200 grams further find that the allegations in Paragraph II of the indictment with respect to the defendant being the same person D who had been convicted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the I 8th day of April, I 984 and priorto the commission of the offense ofPossession ofMethamphctaminc 4 - 200 grams, for which defendant has been convicted in this case is "True". Furthermore, 0 we find that the allegations in Paragraph Ill ofthc indictment with respect to the defendant being the same person who had been convicted of Theft $750.00 - $20,000.00 in cause number 17,175-85 in the 85th Judicial District Court of Brazos o: County, Texas on the lOth day of June, 1987 after the defendant's .conviction for Burglary of a Habitation mentioned above was final prior to the conunission of the offense of Possession ofMetharnphetamine 4- 200 grams for which the dcli:ndant has been convicted in this case is "True". We assess defendant's punishment at confinement in the Texas Department of<:;rimina! Justice -lnstilutional Division for 0 a term ofFORTY (40) years. IS! STEVEN KEATING FOREMAN OF THE JURY Vol Pgd::b 0., 32.. 0 ~j ~''-~----~----· -c·. ....;.·_.:.__ _;__ _:_--'--"--'-------'---_,_,_---·~·__;__ _.:..._.;..___;__ _ 0- D 0 ..... ·~a 0 It is therefore ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant, DAVID GREER, is GUILTY of the offense ofPOSSESSION OF . METIIAMPHETAMINE 4 - 200 GRAMS and said Defendant committed the offense on the sm 0 day of OCTOBER, 1995, and further that the allegations in Paragraph II ofthe indictment with respect to the defendant being the same person who had been conViCted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the-18~ day of April, 1984 and prior to the commiSsion of the offense of Possession of 0 Methamphetamine 4 - 200 grams.,· for which defendant has been convicted in this case is "True". Furthermore, we find that the allegations in Paragraph m Ofthe inqictment with respect to the defendant being the same person who.had been convicted ofTheft $750.00- S2o;ooo.oo in cause number 17,175-85 in the 8:Sth Judicial District Court ofBrazos.County, Texas on the lOth day of June. 1987 after the defendant's conviction for Burglary of a Habitation mentiOned al?ove was D final prior to the commission of the offense of· PoSsession ofMethamphetamiile 4 • 200 grams for which the defendant has been convicted in this case is "True": Piuiishment has been set at confinement in the Institutional Division of the Texas Department of Criminal JuStice fur a period 0 of FORTY (40) YEARS. The Defendant, being asked by the Court if sufficient legal reason existed why the sentence of this Court shoUld not be pronounced, failed to give such rea5on, whereupon the Court proceeded in the presence of said Defeixlantand his Attorney to pronounce sentence. 0 It is the order of this Court that the Defendant, DAVID GREER, who has been adjudged GUILTY of the offense ofPOSSESSION OF METHAMPHETAMINE 4-200 GRAMS, be, and is hereby, sentenced to confinement in the Institutional Division of the Texas Depa.rtJrielit of 0 Criminal Justice for FORTY (40) YEARS and that the Defendant be immediately taken by the Sheriff of GRIMES County, Texas and by him safely conveyed-and delivered to the Institutional Division of the Texas Department of Criminal Justice there to be coD.fined in the manner and for the term aforesaid. D The Defendant is remanded to the custody of the GRIMES County Sheriffuntil the Sheriff can obey the directions of this senteocc:. 0 0 APPEAL: __``~-·----- 0 0 Vol 22z.. Pg J..-:3.':2. D [J 0-· 0 \ 8 0 N0.13,603 THE STATE OF TEXAS X IN TIIE DISTRICf COURT OF vs. X GRIMES COUNlY, TEXAS DAVID GREER X 278TII DISTRICf COURT CHARGE OF THE COURI LADIES AND GENTLEMEN OF THE JURY: The defendant, DAVII> GREER, stands .charged by. indictment with the offense of o~. i intentionally and knowingly possessing, with intent to deliver, a controlled substance, namely " methamphetamine, in an amount of at least 4 grams but less than 200 grams, by aggregate weight, including adulterants and dilutants, alleged to have been committed on or about· the 5th day of October, 1995 in Grimes County, Texas. The dc;fendant has pleaded not guilty. I. Our law provides that a person commits an offense if he intentionally or knowingly possesses, with intent to deliver, a controlled substance. Methamphetamine is a controlled substance. You arc instructed that by the term "possession", as used herein, is meant the actual care, custody, control, or management of the controlled substance at the time in question. . A person commits an offense only if he voluntarily engages in conduct, including an act, an : o!I)ission; ~- p~ssession. With ~csp:ect to the "possession" charged, you are instructed that such possession is a volun~ i<;l ifthc·_;>Ossessor knowingly obtains or receives the thing possessed or is aware of his contro~-.of the-thing:for a sufficient time to terminate his control. Such possession need not be Vol M Pg66 B "My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this aftidavit, and personally acquainted with the facts herein stated. [l I am employed as the Chairman of Classification and Records for the Texas Department of Criminal Justice- Correctional Institutions Division, and my office is located in Huntsville, Texas. I clo hereby certify that the attached information provided on inmate GREER, DAVE 0 TDCJ/BPP# 454082 ,cause# 1717585, are true and correct copies of the original records now on file in my office maintained in the regular course of business within the <:;:lassification and Records Onice of the Texas Department ofCI·iminal Justice- Correctional Institutions Division. 0 In witness whereof, I have hereto set my hand this the 4th day of September 2012. 0 nh / ...,....; :..: ....... t_. (J__ t_. __ ,(- (_~) Kelly Enloe, 0 Chairman Classification and Records 0 0 0 ' The director shall certify under the seal of the CorTectionallnstitutions Division the documents received 0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under this subsection is sel [-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal Evidence. 0 Article 42.09, Subsection 8(b), as amended by S. B. I067, Acts 1993, 73d leg. 0 (Rev.l2/02) 0 0 a~; STATE'S EXHIBIT ... ~ IC6 0~ • -- • (:;\ .. . ... - ~ \ ~ ~ \ I ·' ~ .. ....... __ ... _;_ ...- --._1 ·.o F l•L?. D I Al&:..!:Wit'doel~.. NO. 17 I 175-8~ ...·: JUN 101987 .J11l)QSDrT 011 PUA Of Ctllt.TY 01. ltOLO ~U UPOU COUJ:T ll.UVEt or JtJU nUL Ju.q. P-rodd1q: !f.t. fKP F 'JS r. -``.' 0 eSTif .Jt.rtiCIAL OIS1.RICT fJ Th.e !)et(l!l~nt l~vln9 been indi-:~eod in t~ ~l:>ove bored c••1ae for tha !olor.y of!enao of tbdt S7.}Q··S2D,ooo entl.tlod· and ·own- and 0 •.h.~a e.tuae b~.-l'l'J thia da~.e called f?r trial. the 5tA:te ap~ared by its 0 o``:.::!:.::f:.:;;ll:....--------~------ and the O.far.dA.nt. _ _ appo•re-::.1 in per a.o n anval oi a~ t.h• Court, anont attachc.d to the ottonae and ot adl:lor.lah~r! 0 0 1n ontortr-.q tho ple.a1 ·tho Court tnqu-lrod 1t there waa a ploo. a9roe~:oent t>.t tw.o-en • ._. Stat• Q.nd tl\.e Dcfo" . t>o!e~r.t ~:.--n1tt~ H ti">a to •1thd.uov hl• p!~a he thl"f l~ b4ll' t.huHOt. the OXU't p~, ita the presence 0 tlhereupoA ·, ~ tM O.twn4Ant, to ~ ae.no~ &9&1nat the Dofenodant aa .t'ollolofa, • : t h ~ order ot ~ ~t thAt the Defeft4ant. DAYI gam 0 • who "-8 bHQ a4j~ to be tuUtr ot the oftcnn 0 :c:- a tena ot Uu,.{...,.,.l_ _ _ _ _ year~ be delivered by the !:".c:rUf of ara~roe COaaty, ~. 1...-diatc~ly to the Dir.ctor of Corr.ct..i.ona, 0 .:;r otMr per.OQ l~lly :vnd&nt ahall be confined 1n the aathoriz.-4 to re<:ei.,. auc:b c:onvicta, De~rta9nt an~S that tM of Corroctiona for a term of 0 tl•t ljl_ _______ year• in accor~nee with the p~iaiona of the law 0 0 0 0 ·~t_ - JURY WAIVED - ~£NIT``~ ANO/OR FINE . . ~· d-efendant vas rem.llnded. t.o jeil un;il tho Sl'lorit! can obey 0 th• direoct1onl! of thia '!he deten.:iant aer.t~•lCC. ' rtt<:eive crr..-dit on h!..s 118ntence for the timC?·· r~hal:!. ~:-:,e. IJ(). 10'1;; j-ft)-~ ~nt in )a~l 1n the ~bo~ atylod and n\.UIIborcd cause from 11... /2 ·14;z . ~-KJ-Y1 for a total of to LiE - ,;1.1)- " ' __ 1#0 da.ya cr~!t. Tho Sho~tr1t! of Br•zoa 'County, f !:h,. t!::"f~:ld:lnt. ~n p:"ohnt.ion for ' _.l_~.!LJ..!..Ql __year5. 0 f\lc:d 0:1 <1 ``c-tl-:-n 4th . to p:-or;cc:-!.J".n of --·------!"::~b<;!r. ______ , 19_~-~--- th~? State r~nill :l t"Cscrot ond the Stntc .:~ppc;ll'Otl rcpros·cntc<1. by its Assist``t/Di5trict ~ttorncy, Laurie A. -Hubbell This C•)llt"t, ;J(tcr hovinl! hc:.r-:l the State's H'ltion to Atljudicutc .und hcurinl: D cvidcn~o DcfcnJ~nt o!fcr~ri violiltcrl by ~oth p3rtics, is of the opinion and finds that the the conditions of ~robaticn imposed upon him ilS follows, D In that tho da!ondont, DAV~ GR~ER, on Janu~ry· 2~, 1985, did then a~d there D i;1 Brazos Co'-lnty, Taxa!>, in!.cntion-~lly und knowingly enter the llcll.day., Inn in Coll~ga StAtion, ~ithout th~ con~cnt o( the owner ~nd waa there-ore arre5tod !6~ criminol tres~o~s: D In that. the tlefend~Snt, ~'>Vt: GP.r:En. on November 14, 1~84, and Febt:u'ary 27, 19e5, did lhen and thcr~ iro~cst an ill~gal substance, tc-wit: In that the ma~ij~anu; def~ndant, DAV[ G``~R. en April 4, 1985, ~ay 22, 19~S,·June 5, 1?;95 . ..,nd Au tlo h.:Jn.· .1ntl recover of the D<:fcndont all cost~ o!' the ~ rc-"';;,..;eJ tc ;:Jii to !he flcfend:~nt ~ ..·.•it chc further o:-dcrs of the ·_ourt. sho:l rct:CI\'e crctlit on his sentence tor the time srcnt ~ :n ;;;il in 1'11: .,bove "t)dec.l ,nJ numbered c;~usc from the lf:>th day of • J J_£, to the __1..!!_~}!___ u.Jy o{ _,_,lj)j,j.O,ui;J;'4ut-'>'--'- - - - - - - - , l ~-_-_k:::_ , f0T ;) t 0 I ,1 1 0 ( days ] t.:;, 3'-11 '" go;- -h.,. TJ,o;; fr; (}_ • .._ .-f; ,19<(S, ~ •·•ADD!T!OSAL CRf:D!T .'-.'9-5.;. TO .!.-18-8~ 85IH __ Judicial District ~ firazos County, Tcxa~ ~ SOTICE Of APPEAL W~S ~0~ PERFECTED. I / I ,··. I ... I I.. ,_.I. •. . • . ..... D. BLlRLEY, DJST!IifTC1::1:py---- EH/·.ZOS COV~:'i', BR't"1~:, T:·;.:,-,s ~ BY: .., \ . -: . i:. ·.·' ·; ~ ... ' TilE 5ThTE Or TJ::JUIS !N Till-: 85th -·--·- 0 On ·the: ORDCR Rt:VOK l HC:: lBt.h d~y of ~r i1 . , 1? S4 , t ,· ~· ~ ·, -' . d_u,!_Y and lcrqdly c::onviclct.l-(nrlc o[ (cnac or 8~.1~!-.~ d ,- on _·:_. , .· in U><: ..;l>ov~ cntlll~d;.o.!:"l ""''l.iC-r:cJ c.su•c nnpp_~.~nfi'limcttt 0 .... u i•.oaa.ed oE ~ 0 (lO) . .Y,?.~.'i\!.1.~ c~n(ii\OIIOCnt in tho :lToxoa Dol..:v-t...:nt. ot Cora:ee~onal' ll'X`` nnd thn {"'f>O.,_ltion ot tho aont.otk:O - • auapcri:d cl'i'aV:h>t: nr thu ,r~t'onl'tnnt: .ond tho 6oCoMant ..,.,. placed on l"roh.~tion ~or a porlo.l nr __ _!!;!_{!~- ycnr~t/ mno.. 0 On the lOth "'"'Y of ~to!;>:er • 1? · 85 PtOtion to POvoke th<: prol:> boinq pr:.tMnt and. the Slotc op~·ar.cid llY her . . . . . IM tho Covrt, after Mvinq hc.:ard a~ eonaidor"d t~. to' a . to vr-~tion .. nd heerin9 the c~·id Ont !or the ~E>e=n~e="lf~"'i~t:::- of , tho victi~ ot ~ha prisionera cri~e, •• a cc~1t1on ol hu; parole 1.n accvrd(lnc!! with Art. 42 •.12 Sec. 15 (q). Th« Defendant zhall rocoivoe credit on his sentence for the ti111e l~nt l.•; ~a11 in the abovcr Atylod and numbered cauae !r0111 the lfith day of JaXUA.JtT , 19 _£__• to the 18th day of '·'n"nr 19, !4 , tor ~ total of ,,. days credit_,.....,....,......"y______ -r; v--... C•"''1'i.:l:..........A \...;.h.,_ c--.-...p -tl:. \.;'\1-l.' _,..., 'l~-f-1.. T);sr-,.,·c.-1 Si.Qned thi11 =r~._ d11y of b!, (jv-L .......~, 19 C........,..t- .f "t,.AZ..u Co-h "Tt+'t.s: I BSTH jUDICI~L DISTRICT BRAZOS COUNTY, TEXAS ``OT!C:E or ;,i'PEA.L :o.·;..s )-;CJT Pt:P.Ft:Cn;o. it..Ll r;.~ ,;: , w. o. Bl!RU:?,· bt:1RY:i:'f CLERk B~ZOS COUNTY, PRYMI,. TEXAS BY. - ' I \ .··,";' .. (·~:./ DEPUTY ·• · 0 D- O ct.ASSIFICATIOH - - - - - - - - - - - - 0 REFEREHCE - - - - - - ' - - - - - - - - - 0 0 0 0 0 0 ' . .. .. ... ~ \ ... .;r ...;. ..... · • ,· 0 ft~ -· ~ 0 0 0 408765 G~ Dale Recefved,_ _...-..:11::::.-_,s-"-"'ss"-------- Received From,_ ___,D:o:.RliZO=:.:sc....co=·------ Crime l UJC w. rr c 2) c 2-syr.s> 0 Sent8oce _ _...;s::..~rrs=-~·-------Sentence Begins Retumodas _____________________________ 10,..17-85 0 Dale Returned Complexion ~ Age 18-84 Hair ·BOCHi Date of Birth Eyes BiOtl 12-22-66 Height !HO Place of Birth Weight _1"4"5__ mzoo ro.TX 0 Residence BIWB, TX Scars & Marks: NatiooaJity._ _~.AM!?.R!CNl=""'-=.=-------- 0 Ex-5ervice: 0 l 23 l 1 2 3 4 5 6 7 8 1 j 9 10 11 12 State's Exhibit No. 19-A 13 Judgment and Sentence 14 15 16 17 18 19 20 21 ~ 22 23 24 J 25 u DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT Ill"'" n (Felony Probation- Plea of Guilty/Nr Contendere - Art. 42.12. Sec. 3. NO. 15,341 r· 0 ) [l THE STATE OF TEXAS vs X IN THE DISTRICT COURT OF 85th JUDICIAL DISTRICT THE ST ~,c;Q.I,l,NT)' OF BRAZOS ~tm'irici or Bruos COWI!y, TelW, 0 !,Man: , do.html)o cerlify II= lbD f'Greaoiil& is a 1n10 aa4 cotroiit ·copy of 1bc oriSUial; lhl& ecrti~ Rlfhcu dlllt II= SSNJ hlwO bcoen JUDGMENT ~Inc-No !~/.· Z·S 18 l9H4 A1TBIT:*" Hamlla MARCHAMli_N.DU!rtct~. BrazosCo!m!y, Teua .\'f.--(). nunm, o !fr. ct.m.~ D By: <]}G4,1')1!t-~l~ On this Deputy the\~;\~-... day of Apr~l . . 19~, in_the ~ ~> J~111~• r;ou~rf•j!f~ .. .'J .n 1 e an num ; ·.-cause ."'\\• . <::>-"-"'-c::\ \ -=.'-!. being this day called for trial, the State appeared by her Ass1s't"a;t'/D1s net A ttorrley and the Defendant, 0 David Greer , appeared in person and by Counsel, and both parties announced ready for· trial. The Defendant, in person and in writing, in open court, having· Travis Bryan waived his right of trial by jury, such waiver being with the consent and approval of·the Court and now 0 entered of record on the minutes of the Court, and such waiver being with the consent and approval of the Assistant/District Attorney in writing and filed in the papers of this cause before the Defendant enter'ed his plea herein, the Defendant wa~ed/waived arraignment in writing, 0 and, in open court, pleaded guilty/nolo contendere to the charge contained in the indictment/ inf~n. Thereupon, the Defendant was admonished by the Court of the range of punishment attached to the offense, of the fact that any recommendation of the Assistant/District Attorney as to punishment was not binding upon the Court, and that if the punishment assessed· did not exceed the 0 punishment recommended by the prosecuting attorney and agreed to by the Defendant and his attorney, the trial Court ,must give its permission to the Defendant before he may prosecute an appeal, and that if the Court rejected the plea agreement, the defendant would be allowed to withdraw his plea 0 and the fact that he/s-Re-had pled guilty or any evide'nce introduced may not be admitted against the Defendant on the issue of guilt or punishment in any subsequent criminal proceeding; and it plainly appearing to the Court that the Defendant was mentally competent and that the plea was freely and voluntarily entered, the said plea was accepted by the Court and is here entered of record upon the minutes. 0 The Defendant,.having in open court, in writing, waived the appearance, confrontation, and cross- examination of witnesses, consented to the stipulation of evidence and to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence; and such waiver 0 and consent having been approved by the Court in writing and filed in the papers of the cause, the said plea of the Defendant was received and entered of record upon the minutes. The Court. having heard the indictment/i~ion read, or the Defendant's waiver or reading of the indictment/i~on, the Defendant's plea thereto, the evidence submitted, and the argument of Counsel thereon, found the D Defendant guilty as confessed by him of the offense of burglary of a habitation a felony, and assessed the punishment at confinement in the Texas Department of Corrections/ :l'&l1uoos:>Jl:oN!1L'Oj!o.Xlil for __ten (1 D) (cJ.avx}dyears) and a fine of$ -0- 0 IT IS THEREFORE CONSIDERED, ORDERED, AND ADJUDGED by the Court that the Defendant is guilty of the offense of burglary of a habitation , a felony, arid that 0 the said Defendant committed the said offense on and that he be punished by confinement in the Texas Department of ten the~ day of ;_.,\Ys'-\,0....>'-.. ``)(years). and that the State of Texas do have and recover of the Defendant all costs of Corrections/Boamoo~b;Xd(;il , 19~. for [J the prosecution. for which execution will issue. HOWEVER, On this \'1\\-. day of _ _...:A'-'.J"p.=r-"i'-"1=-----· 19~, the Court after due consideration is of the opinion, and so finds, that the ends of justice and the best interests of both the public and the D Defendant will be served if the imposition of the sentence in this cause is suspended and the Defendant is placed on probation under. the supervision of the Court. D IT IS THEREFORE FURTHER ORDERED by the Court that the imposition of the sentence in this cause be and the same is hereby suspended during the good behavior of the Defendant, and that the Defendant be and is hereby placed on probation for a period of ten ( 10) years , beginning u on this date, under the supervision of the Court and the duly appointed and acting Adult Probation STATE'S EXHIBIT 1"16 s County, Texas, provided that the Defendant shall comply with the following terms of probation: 0 COUIH.COPY 1:1- . i ·-liihiiL'n!lT~i.C: .: ..:..:::``:::. ``. ~ -- ``'~l?":•#c``: . I /J{;l . l):-\~11;·; .:· .. .:;.;::: ...·· •. -·~···- -··! ---~-if!f/(l-·-·-~ -' 0 THE STATE OF TEXAS vs X X IN THE DISTRICT COURT OF 85th JUDICIAL DISTRICT [)A Vi: ~GREER BRAZOS COUNTY, TEXAS CONDITIONS OF PROBATION In accordance with the authority confP,rrecl by the Adult Probation and Parole law of the State of Texas, you have been placed on probation on this\ clay of~pri 1 1)1\' , 19--.8it_, for a period of ten years for D the offense of by the Honorable burglary of a ha itation W. T · McDonald, Jr · , Judge, 85th Judicial District Court. Brazos County, Texas. It is the Order of tht! Coun thnt you comply with the followino conditions or probation in that you shall durina lhe period of probation: 0 Commit no offense against the laws of this State or any other State or of the United Stones or of any governmental entity; further. you cue to report to your Probation Officer within 4.8 hours i( arrested or Qt.icstioned by a law enforcement officer; Avoid injurious and vicious habits, refrain from using alcoholic bevcr ,:-->J" -.....~" C}..,::" ~ /'(,_ (y) Obtain aGED certificate or high school diploma within'=3:65=~s from the date of Order. 0 Signed this\ SA\\_\ .. . .. ,,., EILED Af..:Li.:L.o• clocl<-'--. day of _ _-'A'-!.l:::..:r:...l.=·.::l=--1--- 19~ . . I /\ ' i'!.?i; 18 1984 . 0 I ocknov,;\edge rOC.Iflpt hom the Clark of a copy of tny eom~f1on Ot?ur.YCLERK Page 2 of 2 pages D . 3OA G78 COUilT COPY 0 TilE STI\TE OF TEXI\S . · IN TilE nn;'I'!HC'!' COUH'I' 01' /./ IoJLED} vs ......?5-t:.£:_ JU! Igi,ftr. ' ., ·; Signature of PERSON TAKING PRINTS BQ.OKJ-1.117 PAGE 7 6 8 ---------``--------· , ..___ vf t ····..: J 1- J } J 1 I 1 ) } . ;),:-;~\ ·-. .. \\ '// •');:: ; _; ~ /~(``~ : ~; £. \. .;;:;:":Y~.~:. ·:~;`` TH E--s:ratg~:Of.~fExAs: ) County··of -Burleson: I, Joy Brymer District Clerk of Burleson County, Texas, do hereby certify that the I_ above is a true and correct copy of the .original on file in my office. 28 1 1 1-- 2 J 3 a 4 u 5 ~ 6 7 J 8 j 9 10 } 11 12 State's Exhibit No. 24 j 13 Fingerprint card 14 1 15 } 16 17 l 18 1 19 20 21 i} 22 ~ 23 24 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT ] } 'i lEAVE BLANk TYPE OR PRINT ALL INFORMATION IN BLACK ~ APPLICANT lASTt;;~,\ ~;:: ~ ~ ~ MIDDLE NAME STATE'S ~I BIT 'k-````-------+``--``--~----``Si! I -liATURE OF PERSOtl FINGERPRINTED AliASES AKA c~ ~ ,..SIDENCE OF PERSOtJ f.'i~JGERPRINTEO ' [ ' CITIZENSHIP ill >ATE YOURNO. OCA FBINO. E.1iJ ````````----~CLA~ ARMED FO!ICES NO. Mtli) -------------------------------------------- I ASQ~: F!NCERPRHHE.D SOCIAl SECURITY NO. ~ REF. MISCe!LAtlEOUS NO. Mtl.U 2. R. IN DEl< 3. ~. MIDDt~ •. R. RING S. R. Ullll } 7.L.It (Tex. Crim. App. 1987) ....... ,........................ 14 ] Alvarado v. State,
912 S.W.2d 199(Tex. Crim. App. 1995) .................................. 15 Bollinger v. State,
224 S.W.3d 768(Tex. App.-Eastland 2007, pet. ref d) ..... 5, 16 Broadnax v. State, no. AP-76207 (Tex. Crim. App. December 14, 2011) .......... 32 Brown v. State,
911 S.W.2d 744(Tex. Crim. App. 1995) ................................ 32, 36 ] Calloway v. State,
743 S.W.2d 645(Tex. Crim. App. 1988) ................................... 29 ] Diltz v. State,
172 S.W.3d 681(Tex. App.-Eastland 2005, no pet.) ..................... 29 J Easley v. State,
986 S.W.2d 264(Tex. App.-San Antonio 1998, no pet.) ........... 14 Espinosa v. State,
194 S.W.3d 703(Tex. App.-Bouston [14th Dist.] 2006, no pet.) ........................ 38 ] Ex parte Martinez,
330 S.W.3d 891(Tex. Crim. App. 2011) ................................. 30 Garcia v. State,
919 S.W.2d 370(Tex. Crim. App. 1994) ...................................... 14 ] Gigliobianco v. State,
210 S.W.3d 637(Tex. Crim. App. 2006) ...................... 34, 38 J Heiselbetz v. State,
906 S.W.2d 500(Tex. Crim. App. 1995) ................................ 15 1 Hernandez v. State,
939 S.W.2d 692(Tex. App.-Fort Worth 1997, pet. refd) .... 15 J lV 1 ] Hurtado v. State, ]
881 S.W.2d 738(Tex. App.-Houston [1st Dist.] 1994, pet. ref d) ....................... 21 Jackson v. Virginia,
443 U.S. 307(1979) ............................................................... 14 J Skillern v. State,
890 S.W.2d 849(Tex. App.-Austin 1994, pet. refd) ................ 14 ] Jagaroo v. State,
180 S.W.3d 793(Tex. App.-Houston [14th Dist.] 2005, pet. refd) .....................
30 Jones v. State,
963 S.W.2d 826(Tex. App.-Texarkana 1998, pet. ref d) ............. 36 King v. State,
895 S.W.2d 701(Tex. Crim. App. 1995) ......................................... 14 ] Lockett v. State,
16 S.W.3d 504(Tex. App.-·Houston [1st Dist.] 2000, pet. refd)32 McCoy v. State,
932 S.W.2d 720(Tex. App.-Fort Worth 1996, pet. refd).......... 15 ] Montgomery v. State,
810 S.W.2d 372(Tex. Crim. App. 1990) ............................ 31 ] Moreno v. State,
755 S.W.2d 866(Tex. Crim. App. 1988) ................................... 15 ] Powellv. State,
189 S.W.3d 285(Tex. Crim. App. 2006) ..................................... 39 J Rachal v. State,
917 S.W.2d 799(Tex. Crim. App. 1996) ...................................... 31 Rojas v. State, no. 01-94-00550-CR (Tex. App.-Houston [1st Dist.] March 30, 1995, pet. ref d) ......................... 24, 27 ] Romero v. State,
800 S.W.2d 539(Tex. Crim. App. 1990) .................................... 31 Saxton v. State,
804 S.W.2d 910(Tex. Crim. App. 1991) ...................................... 15 ] State v. Mechler,
153 S.W.3d 435(Tex. Crim. App. 2005) ............ 33, 35, 36, 37, 38 J Stout v. State, no. 0 1-11-00773-CR (Tex. App.-Houston [1st Dist.] November 8, 2012 no pet.) ........................... 17, 21 v Strickland v. Washington,
466 U.S. 668(1984) ...................................................... 30 Swarb v. State,
125 S.W.3d 672(Tex. App.-Houston [1st Dist.] 2003, pet. dism'd) ................... 33 Thompson v. State,
9 S.W.3d 808(Tex. Crim. App. 1999) .................................... 30 ] US v. Loaiza-M~rin,
832 F.2d 867(5th Cir. 1987) ................................................ 28 l Yaws v. State,
38 S.W.3d 720(Tex. App.-Texarkana 2001, pet. ref d) ............... 24 J RULES Tex. R. App. P. 38.1 (i) .......................................................................................... 32 Tex. R. Evid. 403 ................................................................................................... 33 ] ,;,:·>···· ] J J J ] 1J J Vl ] CASE NO. 10-13-00049-CR ] IN THE TENTH COURT OF APPEALS WACO, TEXAS J DAVID GREER, Appellant ] vs. THE STATE OF TEXAS J ON APPEAL FROM THE 272nd JUDICIAL DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 12-03324-CRF-272 STATE'S BRlEF J TO THE HONORABLE COURT OF APPEALS: ] COMES NOW, the State of Texas, by and through its District Attorney, and ,files this brief in response to the points of error alleged by Appellant, and would respectfully show the Court the following: STATEMENT REGARDING ORAL ARGUMENT The State requests oral argument only if granted to Appellant STATEMENT OF THE CASE . On July 12, 2012, Appellant was indicted for the felony offense of unlawful 1 possession of firearm by felon. (CR at 1). On November 14, 2012, Appellant ple 1 1 J \ 1 ] not guilty to a jury. ( 4 RR 22). The jury found Appellant guilty of the offense. ( 4 RR 184). The trial court found the two enhancement paragraphs to be true and assessed punishment at 30 years in the institutional division of the Texas ] Department of Criminal Justice. (5 RR 59). STATEMENT OF FACTS Investigator Terry Young (Brazos County Sheriffs Office) testified that on February 16, 2012, he helped execute arrest warrants against Appellant and Monishia Campbell. ( 4 RR 28). Young stated that there were at least six officers from the Criminal Investigation Division, all in different unmarked vehicles, that ] were out attempting to serve the warrant against Appellant. (4 RR 29). Appellant ] and Campbell were eventually located in a black Ranger pickup that was registered ] to Greer's father. (4 RR 30-31, 73). Because it was daytime, both Appellant and ] Gampbell were recognized in the truck. (4 RR 31 ). A marked patrol car was sent in to make the stop of the vehicle. "(4 RR 31 ). The truck did not immediately stop. ( 4 ] RR 32). It proceeded for about a block, even though there was a place for the truck ] to pull over before it did. ( 4 RR 32). The truck stopped after an urimarked car J pulled in front of Appellant's truck, the driver of the unmarked car got out and ] pointed a weapon. (4 RR 33). State's exhibit 3 (video of the stop) was admitted. (4 RR 34). Appellant was driving, and Campbell was in the front passenger seat. (4 R J 43; State's exhibit 3). J 2 J , ·\ I J Young described what is done with a vehicle, that is sitting in the middle of ] the road, after an arrest ofthe driver is made. (4 RR 35). The vehicle is towed to a J secure location after property in the vehicle is inventoried. (4 RR 35). In this case, the truck was inventoried by Young after Appellant's anest. (4 RR 36, 38). Young J testified that he found the following in the bed of the truck: power winch, pieces of ] metal and tools. (4 RR 37). The back compartment area (behind the seats) contained clothing, a cane and a bag with more clothing. ( 4 RR 3 8). The bag with clothing appeared to belong to Campbell because it contained small women's clothing, and Campbell was "very petite." (4 RR 38). Young also recovered a 1 large, black leather jacket (State's exhibit 10). (4 RR 39). It was also in the back compartment behind the seats and was not in the bag of clothing. (4 RR 39). He ] checked the pockets and found a .22 revolver (State's exhibit 11) in the pocket. (4 2 ] RR 40). State's exhibit 3 (video of the stop) was played; as it played, Young noted that the video showed him taking out the jacket, finding the revolver and J then setting it on top of the roof of the truck. (4 RR 45). Young noted that he attempted to find usable fingerprints on the weapon, but could not. ( 4 RR 47). Young also inventoried the bag with women's clothing and checked the pockets. (4 RR 47). A pair of blue jeans was located; inside a pocket he found a .22 J Photo of jacket admitted as State's exhibit 4. (4 RR 48; 6 RR State's exhibit 4). 2 Photo of revolver admitted as State's exhibit 6. (4 RR 48; 6 RR State's exhibit 6). 1 3 l ] 3 long rifle bullet. ( 4 RR 49). Young explained that the revolver could not fire the I ,. ] .22 long rifle bullet because the revolver was~ chambered only for a .22 caliber v J . short round. (4 RR 50). Specifically, the .22 long rifle would stick out of the cylinder of the revolver preventing the cylinder from rotating. (4 RR 51-52). 1 Young noted that he did not seize the .22 long rifle bullet from the jeans as J evidence because it did not fit the revolver and was not illegal for Campbell to J possess in the first place. (4 RR 53). Young found that the revolver was fully ] loaded with .22 short bullets, and it was ready to shoot. (4 RR 53). Young_~greed that Appellant was not wearing_ the jacket when the truck was J stopped. (4 RR 56). Appellant was wearing a tank top and camouflage pants. (4 RR ] 4 3 ). Young concluded that the jacket belonged to Appellant because it was an extra J large size and would fit Appellant, as opposed to Campbell. The video of the stop J and inventory (State's exhibit 3) also showed Campbell to already be wearing a ~ ~ I 'l jacket. (4 RR 57). J On cross-examination, Young stated that he assisted Deputy Ficke with the ] inventory. (4 RR 57). Ficke actually prepared the inventory sheet. Based on the J video, Young did not believe that Appellant's tru~k was speeding at the time it was l ~ stopped. (4 RR 58). Nor did he witness the truck commit a traffic violation. (4 RR 3 J Photos of jeans and bullet admitted as State's_ exhibits 8 and 9. (4 RR 48; 6 RR State's exhipits 8 & 9). J 4 59). The jeans, that contained the .22 shell, were a size 5. (4 RR 64). Young also ] agreed that there are three sizes of .22 bullets: .22 short, .22 long and .22 long rifle. ] (4 RR 64). Although a .22 long rifle bullet would not fit in the revolver, a .22 long~, bullet would. ( 4 RR 64-65). Young agreed that the actual shell was -not collected, although a pl).oto was taken. (4 RR 65; see 6 RR State's exhibit 8). Young J believed that the actual shell was a .22 long rifle, and not a 22 long, because he 1 J had had '·'a lot of personal experience with .22s, and my personal belief is that it's a ] long rifle." (4 RR 65). He had not tested the revolver and did not know if it would 4 . fire. ( 4 RR 66). The revolver was not swabbed for DNA, nor was amy DNA testing done. (4 RR 68-69). The revolver was not tested for fingerprints until a ] week before trial, at the request of the District Attorney's Office,. (4 RR 69). The J bullets in the revolver were not tested. (4 RR 70). In the video, Campbell was ] wearing a jacket, which was too big for her to wear. (4 RR 71 ). An ATF (Alcohol, I Tobacco and Firearms) trace was sent off; no. - report came back on the original .' ·~ owner. (4 RR 72). The truck that Appellant was driving was registered to his dad. (4 RR 72-73 ). Young did not witness .Appellant say that he owned the revolver. (4 RR 73). Young reiterated that. the reason for the stop of the truck was to execute 4 Although this was not argued on appeal, it is noted that the State was not required to prove that the firearm was operable. See Bollinger v. State,
224 S.W.3d 768, 775 (Tex. App.- Eastland 2007, pet. ref d). 5 an-est wan-ants. (4 RR 75). He did not actually make the stop; Deputy Ficke did. (4 RR 74). Investigator Ledesma had received information that Campbell and Appellant were together in the truck and had wan-ants; Ledesma confirmed the outstanding wan-ants. (4 RR 75). Young did not remember if the truck had dark 1 tinted windows. (4 RR 75). ] Investigator Ricardo Ledesma testified that, on Feb1uary 16, 2012 at approximately 2:00 p.m., he received a phone call from an informant. (4 RR 80). As a result, he started looking for a vehicle inhabited by Appellant and Campbell; dispatch confirmed that both had outstanding warrants. (4 RR 80-81 ). During the J stop, he was in a car at the very back. (4 RR 82). It was a cool day; he was wearing ] a wind breaker jacket. (4 RR 82). Campbell had on a red shirt and camouflage ] jacket. ( 4 RR 83). Ledesma read Campbell her Miranda rights after her arrest. (4 ] RR 83 ). She agreed to speak with Ledesma. (4_ RR 83 ). Ledesma knew Campbell as a victim in a previous case ~e had investigated. (4 RR 84 ). J Because everyone in the truck was arrested, it had to be towed. (4 RR 84 ). J An inventory search was conducted. (4 RR 84). During the inventory, the revolver J was found in the jacket. ( 4 RR 85). Ledesma took the jacket to Campbell to J determine who it belonged to. (4 RR 85). Campbell's demeanor "was more of a surprised look and just kind of shook her head as no." (4 RR 86). Appellant also ] denied owning the jacket. (4 RR 86). Appellant was ultimately alTested for J 6 J l l possession of the revolver. (4 RR 87). J \ On cross-examination, Ledesma stated that he could not provide the name of J the informant. ( 4 RR 87). The informant provided information that Appellant might be in a particular vehicle. (4 RR 88). Deputy Ficke actually filled out the J inventory report (State's exhibit 15) for the truck. ( 4 RR 89-90). Campbell was in J the back of a patrol car when he showed her the jacket; she had a demeanor "when J you ask somebody a question - or even children, you ask them a question, and they J immediately deny it." (4 RR 91). Again, Campbell was wearing an oversized jacket. (4 RR 91 ). J On re-direct, Ledesma stated that he had worked with the confidential J informant before, and he had proved reliable and truthful. (4 RR 92). The J infonnant only provided a possible location for Appellant._(4 RR 92). J On re-cross, Ledesma was aware that the .22 long rifle bullet was found in the size 5 jeans. (4 RR 93). Ledesma was shown State's exhibit~' photo of the .22 J bullet. (4 RR 94). He opined that the bullet in the photo was a .22 long rifle J because of his experience with a .22. (4 RR 94). He did not request any ballistic J tests on the revolver or shells. ( 4 RR 95). J Officer Laketh McKinney (Brazos County Sheriffs Department) testified that he was a detention officer in the jail. (4 RR 96). On August 29, 2012, he J supervised Appellant in the jail. (4 RR 96). When he told Appellant that he needed J 7 ] I j, to follow the rules, Appellant replied "that he was in jail for not following the l rules, and he wasn't about to start now." (4 RR 97). J On cross-examination, McKinney agreed that "every word out of this man's [Appellant's] mouth was exactly what he means." (4 RR 99). McKinney noted that it was an ongoing thing for Appellant to not do what he was being asked to do. (4 RR 98). State's exhibit 14 (stipulation that Appellant was the same person convicted of possession of methamphetamine, as listed in the indictment) was admitted. (4 RR 99). ] Appellant's evidence during guilt-innocence ] Monishia Campbell stated she was in a relationship with Appellant for ] about two years. (4 RR 113). On February 16, 2012, she and Appellant were J arrested. The day before her arrest, she was mad at Appellant and had packed her things; she grabbed whatever clothes and a gun, placed it in a bag and left. ( 4 RR J 114). On the day she was arrested, she had called Appellant to come pick her up; J they got pulled over. (4 RR 114). The revolver was hers, and not Appellant's. (4 ] RR 115-116). She did not remember.where she had put the revolver when she left; j in the heat of the moment, she just stuffed wherever she could. (4 RR 116). She n covered it up because she did not want Appellant to know that she had it; he was a j felon, and she did not want to get him in trouble: (4 RR 117). ] 8 ] The jacket in question was Appellant's, but she wore all his jackets. ( 4 RR ] 118). She opined that Appellant did not know that the gun was back in the truck. (4 ] RR 119). She admitted that she had a conviction for possession of crack cocaine out of Galveston County, and she was on probation at the time of her arrest. (4 RR ] 120). She was arrested on the Galveston County warrant when they were pulled l over in Bryan. (4 RR 120). Her probation was later revoked, and she did eight months in Galveston County. (4 RR 120). She also had convictions for theft and ] prostitution. (4 RR 122). ] During cross-examination, Campbell agreed that she had spoken with the prosecutor out in the hall the day before she testified. (4 RR 121). During that time, ] she told the prosecutor that she had wrapped the gun in clothes and put it in a black duffle bag with the rest of her clothes. (4 RR 126). She also said that the gun was J still wrapped up in her clothes and in that black duffle bag when they got pulled over. ( 4 RR 126). Campbell stated that the gun should have been in the duffle bag. J (4 RR 126). Before theywere pulled over, there was no reason to have the gun out. ] (4 RR 127). 1 Campbell stated that the jacket (State's exhibit 10) was Appellant's. (4 RR 129, 130). Appellant's mother had given the jacket to him a few months before the stop; the jacket was significant because it had survived a fire. ( 4 RR 127). She had told the same thing to Ledesma at the time of her arrest. (4 RR 127, 132). 9 Campbell stated that Appellant was wearing the camouflage jacket when they were anested, not her. (4 RR 128). The jacket (State's exhibit 10) was in the duffle bag in the back seat area at the time of her anest. ( 4 RR 128). Again, she wrapped the gun in .clothes and stuffed it in the duffle bag; she did not stick it in a particular pocket of the jacket. (4 RR 130). 1 J She was not aware that her conversation with Ledesma, after her anest, was videotaped. (4 RR 132). She now testified that, when Ledesma asked about the gun, she wasn't really surprised, just scared. ( 4 RR 133). She admitted that she immediately told Ledesma, at time of het anest, "no, no, no, no, no, that's not my ] gun .... " (4 RR 133). She also told Ledesma "That's Hillbilly's [Appellant's] ] jacket, and I didn't know that there was a gun. It's not my gun. It's not my gun." (4 ] RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long ] time?'' (4 RR 134). She testified that, at the time of their anest, she knew Appellant was a convicted felon, and it would be bad for Appellant if he were J caught witha gun. (4 RR 135). She also told the officer who transported to jail that J she "had no idea that there was a gun in the car." ( 4 RR 136). 1 On re-direct, Campbell stated that she wasn't completely truthful with J Ledesma because she did not know if she had a wanant for her anest or if she had a felony. ( 4 RR 138). She was not present when the officers inventoried the truck. 1 (4 RR 141). ] 10 State's rebuttal evidence during guilt-innocence Investigator Ricardo Ledesma was recalled. (4 RR 144). The entire, unredacted video/audio of State's exhibit 3, showing the stop, was played for the '---· ... l ' ,, jury. 5 (4 RR 143-144). It sh~wed Campbell wearing the camouflagejacket. (4 RR 144). Appellant was wearing a black cut off t-shi1i and camouflage pants. (4 RR 145). Appellant was not wearing a jacket at the time of his arrest.· (4 RR 145). Again, Appellant told Ledesma that the leather jacket (State's exhibit 10) was not his. (4 RR 146). At no time did Campbell ever tell Ledesma that the revolver was hers. (4 RR 146). A few weeks later, Ledesma spoke to Campbell again in the jail; she did not say that the gun in the truck was hers at that time, either. (4 RR 147). Investigator Terry Young stated that the leather jacket was not found inside the black duffle bag that contained all Campbell's clothing. (4 RR 155). Investigator Jason Ware stated he was on scene when Investigator Young inventoried the truck; when Young recovered the jacket, it was not removed from any kind ofbag. (4 RR 159). On cross-examination, Ware said he did not know exactly where in the truck 1 5 The unredacted version of State's exhibit 3 was admitted to impeach the testimony of . Campbell. Specifically, the prosecutor noted th(:l.t: J ... I asked her [Campbell] three or four different times three or four different ways if that conversation she was talking about with Ledesma where she told him 1 it was not defendant's gun was at the scene that day. She very clearly said: "Yeah, · it was at the scene that day." Once she found out she was being videotaped, on redirect, she changed her testimony and said that happened later. (4RR 143). 11 l l it was; just that it was in the backseat area. (4 RR 159). ] SUMMARY OF THE ARGUMENT j No.1 j Appellant claims that the evidence is legally insufficient to establish enough links connecting him to the fireatm. Here, the evidence shows that Appellant , 1 exercised control, management, or care over the revolver. Nos. 2 & 3 Appellant claims, in his second issue, that the trial court erred when it denied Appellant's motion to suppress evidence following an alleged unjustified stop. ] However, officers had reasonable suspicion to stop the vehicle Appellant was driving J in order to identify him and his passenger and serve outstanding arrest warrants. ] In his third point of error, Appellant claims that the trial court erred when it ] denied Appellant's motion to suppress evidence following an alleged illegitimate inventory search. Appellant argues that (1) Appellant's father should have been J contacted to retrieve the vehicle and (2) the inventory did not list every item of l property, and thus, did not comply with the guidelines and procedures of the Brazos J County Sheriffs Department. J Texas courts have generally found impoundment to be reasonable when the driver was alone when arrested or when passengers could not show they were ] licensed drivers. Here, both Appellant and Campbell were placed under arrest. ~ 12 J 1 ] Both the inventory list and policy were admitted. Although the inventory list 1 did not include every piece of property, there is no evidence in the record that the l department's standardized procedures were not followed. No.4 Appellant argues that trial counsel failed to present the motions to suppress prior to trial; he claims that counsel was ineffective, "in the event that the Court ] determines that the complaints presented in Points of Error Two and Three were ~ J not preserved for review." Because the trial comi properly denied the motions to ] suppress, trial counsel cannot be held to be ineffective. No.5 Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told Appellant that he needed to follow the rules, Appellant replied "that he was in jail for not following the rules, and he wasn't about to start now." Before trial began, J counsel objected based on relevance and whether its probative value was ] substantially outweighed by the danger of unfair prejudice. However, said ] evidence was properly admitted to show Appellant's intent, which was contested. STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.1 The evidence was legally sufficient to prove that Appellant 1 intentionally and knowingly possessed the revolver. ] In his first point of error, Appellant claims that the evidence 1s legally 13 insufficient to support the jury's verdict. He argues that the "State failed to establish l J enough links connecting Appellant to the frreann." (Appellant's brief, p. 13). Standard of review ] The standard for reviewing the legal sufficiency of evidence is whether, viewing the evidence in the light most favorable to the jury's verdict, any rational ] trier of fact could have found beyond a reasonable doubt all the· essential elements J ofthe offense charged. Jackson v. Virginia, 443U.S. 307, 319 (1979); Skillern v. ] State,
890 S.W.2d 849, 879 (Tex. App.-Austin 1994, pet. refd). The standard of ] review is the same in both direct and circumstantial evidence cases. King v. State,
895 S.W.2d 701, 703 (Tex. Crim. App. 1995). The State may prove its case by ] circumstantial evidence if it proves all of the elements of the charged offense ] beyond a reasonable doubt. Easley v. State,
986 S.W.2d 264, 271 (Tex. App.-San ] Antonio 1998, no pet.)(citing Jackson, 443 U.S.' at 319). The sufficiency of the evidence is determined from the cumulative effect of all the evidence; each fact in J isolation need not establish the guilt of the accused. Alexander v. State, 7 40 ] S.W.2d 749, 758 (Tex. Crim. App. 1987). ] It is important to remember that all the evidence the jury was permitted, j properly or improperly, to consider must be taken into account in determining the legal sufficiency of the evidence. Garcia v. State,
919 S.W.2d 370, 378 (Tex. ] Crirh. App. 1994). J 14 J l The jury is the exclusive judge of the facts proved, the weight to be given l the testimony, and the credibility of the witnesses. See Tex. Code Crim. Proc. art. J 38.04; Alvarado v. State,
912 S.W.2d 199, 207 (Tex. Crim. App. 1995). The jury is free to accept or reject any or all of the evidence presented by either party. Saxton J v. State,
804 S.W.2d 910, 914 (Tex. Crim. App. 1991). The jury maintains the power to draw reasonable inferences from basic facts to ultimate fact. Hernandez v. State,
939 S.W.2d 692, 693 (Tex. App.-Fort Worth 1997, pet. refd). ] Moreover, the reconciliation of evidentiary conflicts is solely within the province ] of the jury. Heiselbetz v. State,
906 S.W.2d 500, 504 (Tex. Crim. App. 1995). Under the Jackson standard, the reviewing court is not to position itself as a ] thirteenth juror in assessing the evidence; rather, it is to position itself as a final due-process safeguard insuring only the rationality of the fact finder. Moreno v. State,
755 S.W.2d 866, 867 (Tex. Crim. App. 1988). It is not the reviewing court's duty to disregard, realign, or weigh the evidence. Jd. The jury's verdict must stand ] unless it is found to be irrational or unsupported by more than a "mere modicum" J of evidence, with such evidence being viewed in the light of Jackson. !d. The 1 legal sufficiency of the evidence is a question of law. McCoy v. State,
932 S.W.2d 720, 724 (Tex. App.-Fort Worth 1996, pet. refd). Applicable caselaw-knowing possession Applicable caselaw regarding proof of a knowing possession is found in ] 15 J 1 Bollinger v. State,
224 S.W.3d 768(Tex. App.-Eastland 2007, pet. ref d): l J ,l We analyze the sufficiency of the evidence to prove possession of a J firearm by a felon under the rules adopted for determining the sufficiency of the evidence in cases of possession of a controlled substance. Nguyen v. State,
54 S.W.3d 49, 52 (Tex.App.-Texarkana J 2001, pet. refd). The State must prove the following: (1) that the accused exercised actual care, control, or custody of the firearm; (2) J that he was conscious of his connection with it; and (3) that he possessed the firearm knowingly or intentionally. Id. (citing Brown v. State,
911 S.W.2d 744, 747 (Tex.Crim.App.l995)). J 2. Possession. J A person commits a possession offense only if he voluntarily possesses the prohibited item. TEX. PEN.CODE ANN. § 6.0l(a) ] · (Vernon 2003). Possession is a voluntary act "if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to tenninate his control." TEX. PEN.CODE ANN.§ 6.0l(b) (Vernon 2003). The ~tate does not have to prove that the accused had exclusive possession of J the firearm; joint possession is sufficient to sustain a conviction. Cude v. State, 716 S.W.2d 46,47 (Tex.Crim.App.1986). The State can meet ] its burden with direct or circumstantial evidence, but it must establish that the defendant's connection ·with the firearm was more than fortuitous. Brown, 911 S.W.2d at 747. ] When the firearm is not found on the accused's person or is not J in the accused's exclusive possession, additional facts must affirmatively link the accused to the firearm. Jones v. State,
963 S.W.2d 826, 830 (Tex.App.-Texarkana 1998, pet. refd} Factors that ] may establish affirmative links include the following: whether the firearms were in a car driven by the accused, whether the firearms ] were in a place owned by the accused, ·whether the firearms were conveniently accessible to the accused, whether the firearms were found , in an enclosed space, and whether the accused made any J affmnative statement connecting him to the firearms. Corpus v. State,
30 S.W.3d 35; 38 (Tex.App.-Houston [14th Dist.] 2000, pet. refd). No J set formula of facts exists to dictate a finding of affirmative links 16 J l J sufficient to support an inference of knowing possession. Taylor v. l State,
106 S.W.3d 827, 830 (Te~App.-Dallas 2003, no pet.). The affirmative links ordinarily emerge from an orchestration of several factors and the logical force they have in combination. Nguyen, 54 l S.W.3d at 53. Bollinger v. State, 224 S.W.3d at 773 -774. Applicable holding-knowing possession offirearm · l In Stout v. State, no. 01-11-00773.:...CR,
2012 WL 5457470(Tex. App.- J ] Houston [1st Dist.] November 8, 2012, no pet.)(not designated for publication) the comi found that the defendant knowingly possessed the firearm in question: ] The State's evidence establishes a number of links between Stout and the gun. First, Stout was driving the vehicle at the time the J gun was found. See Bates, 155 S.W.3d at 217 (relying, in part, on evidence that defendant was driver of borrowed vehicle in which gun was found inside compartment under front passenger seat and that other people who had access to vehicle denied knowledge of gun). Second, the other passengers in the vehicle denied that the gun belonged to them, as did the vehicle's owner; there was no evidence tending to contradict these assertions. See id. Third, although Stout ] did not. own the vehicle, the jury could have inferred that he had a greater right to possession of the vehicle than the other two passengers because the vehicle belonged to Stout's mother. l61 See id.; Bell v. j State,
356 S.W.3d 528, 533 (Tex.App.-Texarkana 2011, pet. granted) (observing that jury could reasonably conclude that defendant had J greater right to possession of vehicle than other occupant because vehicle belonged to defendant's wife or girlfriend). Fourth, Stout was in close proximity to the gun and had access to it from the driver's J seat. See Robinson v. State,
174 S.W.3d 320, 326 (Tex.App.-Houston [1st Dist.] 2005, pet. refd) (observing that contraband was ] "conveniently accessible" to defendant whert it was "within the close vicinity of the accused and easily accessible while in the vehicle so as to suggest that the accused had knowledge of the contraband and 6 In this case, the truck, that Appellant was driving, was registered to his father. ( 4 RR 73). J He had a greater right to possession ofthe vehicle than Campbell. 17 J exercised control over it."). Stout v. State,
2012 WL 5457470, *2. Discussion Here, the following evidence shows that Appellant exercised control, management, or care over the revolver: • Both Appellant and Monishia Campbell had warrants for their arrest. (4 RR 28, 75). 1 • A marked patrol car was sent in to make the stop of the vehicle. (4 RR 31 ). j The truck did not immediately stop. (4 RR 32). The truck stopped after an unmarked police car pulled in front of Appellant's truck, and the driver of ] the unmarked car got out and pointed a weapon. (4 .RR 33 ). J • Appellant was driving the vehicle, and Campbell was in the front passenger seat. (4 R 43; State's exhibit 3). The vehicle was registered to Appellant's ] father. ( 4 RR 73 ). J • The back compartment area (behind the front seats) was a small extended J area. ( 4 RR 3 7). It contained clothing, a cane and a bag with more clothing. J (4 RR 38). The bag with clothing appeared to belong to Campbell because it contained small women's clothing, and Campbell was "very petite." (4 RR J 38). ] j 18 • A large, black leather jacket (State's exhibit 10) was also in the back compartment behind the seats and was not in the bag of clothing. (4 RR 39). A .22 revolver (State's exhibit 11) was found in the pocket. (4 RR 40). • Appellant was not wearing ~jacket when the truck was stopped. (4 RR 56). Although it was a cool day on February 16th (4 RR 82), Appellant was wearing only a tank top and camouflage pants. (4 RR 43). Inv. Young ] concluded that the jacket belonged to Appellant because it was an extr~ hu·ge ] size and would fit Appellant, as opposed to Campbell. The video of the stop ] and inventory (State's exhibit 3) also shows Campbell to already be wearing a jacket. (4 RR 57). ·· '"/ ] • At the time of his arrest, Appellant denied owning the jacket (State's exhibit ] 10). (4 RR 86). J • At the time of her arrest, Campbell told Inv. Ledesma "That's Hillbilly's [Appellant's] jacket, and I didn't know that there was a gun. It's not my gun. J It's not my gun." (4 RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long time?'' (4 RR 134). • At trial, Campbell confirmed that the jacket belonged to Appellant because his mother had given it to him. (4 RR 127). J • Campbell testified that, at the time of their arrest, she knew Appellant was a convicted felon, and it would be bad for Appellant if he were caught with a J 19 ] gun. (4 RR 135). She also told the officer, who transported her to jail, that ] - she "had no idea that there was a.gun in the car." (4 RR 136). ] I • When Officer McKinney told Appellant that he needed to follow the rules, ] Appellant replied "that he was in jail for not following the rules, and he wasn't about to start now." ( 4 RR 97). ] • Although Campbell later testified, on behalf of Appellant, that the revolver J was hers, said testimony was impeached: );;-- Campbell admitted that she was a convicted felon.(4 RR 120). ] );;-- Campbell erroneously testified that Appellant was wearing the camouflage jacket when they were arrested. ( 4 RR 128). J );;-- Campbell erroneously testified that the jacket (State's exhibit 10) J was in the duffle bag in the back seat area at the time of her arrest J (4 RR 128). ] );;-- She stated that she wrapped the gun in clothes and stuffed it in the duffle bag; she did not stick the revolver in the jacket's pocket. (4 J RR 130). ] );;-- Again, the leather jacket was not found inside the black duffle bag J that contained all Campbell's clothing. (4 RR 155, 159). Viewing the evidence in the light most favorable to the verdict, the logical J ' force from the above links is sufficient for the jury to have concluded beyond a J 20 l I I reasonable doubt that Appellant exercis~d care, custody, control, or management i - over the revolver. See Stout v. State, 201:zl WL 5457470, *2. I Appellant first point of error is wit~out merit and should be ove1ruled. I I STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2 J I The trial court did not err in/I denying Appellant's motion to ] suppress evidence where the stop was legal. (4 RR 100-103, 108- 111). i J I STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3 I . ] The trial court did not err in1 denying Appellant's motion to suppress evidence where the resJiting inventory of the vehicle was I proper. (4 RR 103-107, 111). j J In his second point of error, Appel\ant claims that the trial court erred when it ] l denied Appellant's motion to suppress evidence following an unjustified stop. In his ] third point of error, Appellant claims that I \ the trial court erred when it denied . I I ~ I Appellant's motion to suppress evidence ifollowing an illegitimate inventory search. I Because Appellant argues both together, tpe State will respond in kind. I Applicable law-standard of review and r~asonableness of stop . I i In Hurtado v. State, 881 S.W.2dI 738, 741-742 (Tex. App.-Houston [1st ! I J Dist.] 1994, pet. ref d), the court held/ that a police officer's initial stop of the I I J defendant's vehicle was valid: i A trial court's ruling on a i motion to suppress will not be set aside absent a showing of abuse /of discretion. Maddox v. State,
682 S.W.2d 563, 564 (Tex.Crim.Appll985); Santos v. State,
822 S.W.2d I338, 339 (Tex.App.-Houston: [1st Dist.] 1992, pet. refd). To- 1 I 121 I I ] ] determine whether the trial court abused its discretion, the evidence is viewed in the light most favorable to the ruling. Daniels v. State, 718 J S.W.2d 702, 704 (Tex.Crim.App.1986). At the hearing on a motion to suppress, the trial judge is the sole fact finder and, a~ such, may J believe or disbelieve all of or any part of any witness' testimony. Taylor v. State,
604 S.W.2d 175, 177 (Tex.Crim.App. [Panel Op.] 1980); Santos, 822 S.W.2d at 339. Any finding supported by the J record will not be disturbed on appeal. !d. 1 J The stop In his first point of error, appellant contends the trial court erred J in overruling his motion to suppress and admitting evidence at trial that was the fruit of an illegal stop. J Appellant urges that outstanding warrants issued to persons using the dealer's paper license tag were insufficient to provide J reasonable~ suspicion that criminal activity was afoot, or that appellant was connected to the activity; therefore, he reasons, the stop was ] illegal. He first argues that because the State failed at the suppression hearing to present any of the warrants, or any information as to who issued the warrants, there was no evidence of reasonable suspicion of J · criminal activity to justify the investigative stop. ·;:Alternatively, he argues, there was no description of any person to -be arrested under ] any of the ,warrants to justify the seizure of appellant:.~ An officer may briefly stop a suspicious individual in order J to determine his identity or maintain the status quo momentarily while obtaining more information. Haag v. State,
728 S.W.2d 375, ~ ~ 380 (Tex.Crim.App.1987). To justify such an initial detention, the officer must be able to point to specific and articulable facts ] which, in ·light of his experience or personal knowledge, together with inferences drawn from the facts, reasonably warrant the intrusion. Id. at 380. The "specific and articulable facts" must J objectively support (1) a reasonable suspicion by the officer that some activity out of the ordinary is occurring or has occurred, (2) some ] suggestion to connect the person detained with the unusual activity~ and (3) some indication that the activity is related to a crime. Id. J 22 ] Here, Officer Ortiz initially stopped appellant's automobile because his license check through his patrol car computer showed 1 .J there were outstanding warrants for several persons who had . operated a motor vehicle using this particular dealer's tag. Ortiz's ] purpose in stopping appellant was to determine if he was a person nained in any of the outstanding warrants. Ortiz's suspicion that appellant might be a person named on the warrants was reasonable. Ortiz's reasonable suspicion did not need to rise to the level of probable cause to believe appellant was the subject of one or more of the warrants in order to authorize him to stop appellant's car. See Stone v. State,
703 S.W.2d 652, 654 (TeX:~Crim.App.1986). Appellant does not dispute that Officer Ortiz received infonnation through his computer, as Ortiz testified. "A reasonable suspicion [to justify an investigative stop] may be based on articulable facts, even if such facts are ultimately shown to be inaccurate or false." Kelly v. State,
721 S.W.2d 586; 587 (Tex.App.-Houston [1st Dist.] 1986, no pet.) (police officer had reasonable suspicion to stop J based on erroneous information that vehicle was stolen). The fact that appellant was not named in one of the outstanding warrants did not retroactively diminish Officer Ortiz's ability to stop appellant's vehicle J and determine his identity and whether he was the subject of one or more of the warrants. Here, no warrant was introduced l7l because a J warrant was not ultimately the basis for appellant's arrest. Having stopped appellant, Ortiz was entitled to, and did, request appellant to ] present his driver's license and identification. TEX.REV.CIV.STAT.ANN. arts. 6687b, § 13 & 6701h, § lB(a) (Vernon Supp.1994 ). By doing so, Ortiz promptly learned that appellant had no driver's license, for which he could be ticketed or arrested. TEX.CODE CRJM.P.ANN. art. 14.01(b) (Vernon 1977). Thus, the initial temporary detention was legal. We overrule appellant's first point of error. Hurtado v. State, 881 S.W.2d at 741-742. In Rojas v. State, no. 01-94-00550-CR,
1995 WL 134876(Tex. App.- J 7 Here, the warrants were admitted as State's exhibits 1 and 2 for purposes of the motion to suppress. (4 RR 19). At trial, Appellant did not contest whether the warrants were valid. (4 RR ] 17). 23 J I I J Houston (1st Dist.] March 30, 1995, pet. ref d)(not designated for publication), the l _J court also held that the stop of the vehicle was based on reasonable suspicion: J The informant told the officer that the appellant and another would be at the house and would leave in a blue Cadillac. Observation by the surveillance officers confirmed the informant's information. When the J officers stopped the appellant, Officer Prendergast told the appellant he was conducting a narcotics investigation and asked if he would J consent to a search of the car. Based on these facts, the trial court could have reasonably concluded that reasonable suspicion existed at the time of the stop to detain the appellant. See Fonseca v. State, 881 J S.W.2d 144, 150 (Tex. App.-Corpus Christi 1994, no p"et.) (officers had reasonable suspicion relying on information obtained fro~ J reliable informant, substantiated by police observation); Sandoval [v. State], 860 S.W.2d [255, 258 (Tex. App. Houston [1 51 Dist.] March 30, 1995, pet. refd)](officers, who were acting on information from J the defendant's cousin that was substantiated by their observations, made reasonable investigative detention). J Law enforcement officers are not required to look the other way and permit a crime to occur or a criminal to escape~ Sandoval, J 860 S.W.2d at 259. Rojas v. State,
1995 WL 134876, *5-6. (emphasis added). J Applicable law-inventory search J In Yaws v. State,
38 S.W.3d 720, 724 (Tex. App.-Texarkana 2001, pet. J ref d), the court noted: l After .making a lawful arrest, an officer may search a J suspect's vehicle for the purpose of taking an inventory. Colorado v. Bertine,
479 U.S. 367, 371,
107 S. Ct. 738,
93 L. Ed. 2d 739(1987); J Stephen v. State,
677 S.W.2d 42, 44 (Tex.Crim.App.1984); Backer v. State,
656 S.W.2d 463, 464 (Tex.Crim.App.1983). Such a search is J lawful as a valid exception to the warrant requirement of the Fourth Amendment because the policies behind the warrant 'requirement are not implicated in an inventory search. Bertine, 479 U.S. at 371, 107 J S.Ct. 738. In fact, issues of probable cause are irrelevant because 24 J l I I I _j inventory searches are conducted not to investigate criminal activity, J but to protect the owner's prope1iy while it is in police custody to ensure against claims of lost, stolen, or vandalized property and to guard the police from danger. !d. at 371-72,
107 S. Ct. 738; Illinois v. J Lafayette,
462 U.S. 640, 643-44, 646-47,
103 S. Ct. 2605,
77 L. Ed. 2d 65(1983). l J An inventory search is permissible if it is conducted according to a standard administrative procedure and is not J merely "a ruse for a general rummaging in order to discover incriminating evidence." Florida v. Wells,
495 U.S. 1, 4,
110 S. Ct. 1632,
109 L. Ed. 2d 1(1990); see also Lafayette, 462 U.S~ at 646, 103 J S.Ct. 2605. The State has the burden of demonstrating compliance with its procedure, and its failure to show evidence that the search was J conducted pursuant to its procedure invalidates the search. Gauldin v. State,
683 S.W.2d 411, 415 (Tex.Crim.App.1984), overruled on other J grounds, State v. Guzman,
959 S.W.2d 631(Tex.Crim.App.1998). However, adherence to a procedure, by itself, will not justify an J inventory search if the initial seizure of the vehicle violates the defendant's rights. See Stephen, 677 S.W.2d at 44 n. 1. Before an J inventory search is lawful, there must first be a lawful impoundment. Daniels v. State,
600 S.W.2d 813, 814 (Tex.Crim.App. [Panel Op.] 1980); Benavides v. State, 600 S.W.2d J 809, 810 (Tex.Crim.App. [Panel Op.] 1980). An impoundment is lawful if, among other reason~, "the driver is removed from his J automobile and . placed under custodial arrest and no other alternatives are available other than impoundment to insure the protection of the veh.icle." Benavides, 600 S.W.2d at 811; see also l _I Daniels, 600 S.W.2d at 814-15. Yaws contends the sheriffs office policy ignored the reasonable J alternative of having his wife come to the scene within fifteen minutes to take possession of his truck. However, Texas courts have generally J found impoundment to be reasonable when the driver was alone when arrested or when passengers could not show they were licensed drivers. Stephen, 677 S:W.2d at 43-44 (passenger unable to produce J identification or driver's license); Backer, 656 S.W.2d at 464 I (defendant alone when arrested on a public street a-p.d police could not J contact friend for whom defendant requested the car be left); Daniels, 25 J 600 S. W.2d at 814-15 (passengers did not have operators' licenses and both the defendant's identity and the vehicle's owner were in doubt). Courts have not required police to try to contact a relative or friend of the accused to come to the scene to take possession of the vehicle. In the present case, there is no indication .that the police J were using the inventory search as a pretext for discovering evidence. The officers testified about Bowie County's policy ] regarding inventory searches and impoundments, and their adherence to that policy. The officers acted reasonably to protect the truck and its contents. We overrule Yaws' contention. The trial court's judgment is affirmed. J Yaws v. State, 38 S.W.3d at 722 -723.(emphasis added). Discussion As to the stop, Appellant simply argues that, while Ledesma testified that the J C. I. was reliable, he did not corroborate the C.I.' s tip that Appellant was driving a J vehicle of that description. (Appellant's brief, p. 21). Here, Young's and Lede~ma's J purpose in stopping Appellant was to execute a valid arrest warrant pending on ] both Appellant and Campbell. Testimony indicated that Appellant was recognized as he was driving. (4 RR 31 ). Consequently/the _tip was corroborated because the_ J _i arrest warrant was confirmed, and· Appellant was determined to be driving the J vehicle by police. Even so, Hurtado mandates that "[a]n officer may briefly stop a 8 J suspicious individual in order to determine his identity .... " Id. at 741. Thus, the J 8 Moreover, law enforcement officers are not required to look the other way and permit a crime to occur or a criminal to escape. Rojas v. State,
1995 WL 134876, *6. J 26 J facts of this case are even stronger than those found in Hurtado, where the reason for the stop was to determine if anyone in the vehicle had any of the outstanding warrants. As in Hurtado and Rojas, the initial stop was legal. As to the inventory search, Appellant argues that (1) Appellant's father should have been contacted to retrieve the vehicle and (2) the inventory did not list every item of property, and thus, did not comply with the guidelines and procedures of the Brazos County Sheriffs Department. (Appellant's brief, p. 23). Appellant's initial argument was overruled in Yaws, 38 S.W.3d at 724. ("Texas courts have generally found impoundment to be reasonable when the 1 driver was alone when· arrested or when passengers could not show they were J licensed drivers."). In this case, both Appellant and Campbell were placed under J arrest and thus, the impoundment was reasonable. 9 J Although the inventory list did not include every piece of prope1iy, there is ---·-· ----~---- ...• --- .. . -. ·-·· .. -- .. ~- no evidence in the record that the department's standardized procedures were not·. 10 followed. As noted in the policy , it does not require that every item be J inventoried -- only "items · of value ·~hall be recorded on the Vehicle Inventory .·.' J Report." (6 RR State's exhibit 16, Ill; B., 3)(emph~sis added). Her~·, Young J described that the property in the vehicle was inventoried to make sure nothing was j 9 The inventory list was admitted during the hearing as State's exhibit 15. (4 RR 90). 10 The "Inventory Search Policy" was admitted during the hearing as State's exhibit 16. (4 RR 107). 27 .1 l .J damaged or stolen before the vehicle is towed to a secure location. (4 RR 35, 63). ] In this case, the truck was properly inventoried by Young and Deputy Ficke after J Appellant's an;est. (4 RR 36, 38). Compare US. v. Loaiza~Marin,832 F.2d 867(5th Cir. 1987): J ... the agent's failure to complete the inventory forms does not mean J that the search was not an inventory search. Upon discovering the cocaine, the agent turned I;oaiza over to the D.E.A. and therefore had no reason to complete the inve:ptory form. Although the Border Patrol J procedures indicate that the forms should have been completed, other courts addressing the same issue ,have concluded that failure to J compile the written inventory does not render the inventory search invalid. See United States v. Trullo,
790 F.2d 205, 206 (1st Cir.1986); United States v. O'Bryant,
775 F.2d 1528, 1534 (11th Cir.l985). We do likewise. Id. at 869. J There is also no evidence in the record to support Appellant's contention J that the inventory search was, a "mere pretext for investigation." Young testified l that the inventory is done "to preserve the person's property in their vehicle, make sure nothing happens to it, that it's not stolen, damaged, whatever..~." (4 RR 35). ] Young stated that he was not looking for evidence: "we're just going through and J making a list of all the items that are in the vehicle so that we can show that this is what was present in it when it was picked up by the wrecker." (4 RR 36). Again, the inventory was properly conducted after both Appellant and Campbell were arrested on valid warrants. See Diltz v. State,
172 S.W.3d 681(Tex. App.- Eastland 2005, no pet.): I 48 / .. .inventory search of defendant's vehicle was· perfonned in accordance with standard police department policy. The officer testified that the police department has a written inventory policy. The officer also testified that, pursuant to police department policy, a wrecker was called prior to the inventory search. The officer further testified that the inventory search was not begun until after appellant ] was placed under arrest. There is no evidence in the record that the department's standardized procedures were not followed. There is also no evidence in the record to support appellant's contention that ] the inventory search was a "mere pretext for investigation." Id. at 685. Appellant's second and third points of error are without merit and should be overruled. ] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4 Appellant was not denied effective assistance, for allegedly failing ] to timely urge his motions to suppress, where. the trial court properly overruled his motions. ] Appellant argues that trial counsel failed to present the motions to suppress 11 J prior to trial ; he claims that counsel was ineffective, "in the event that the Court determines that the eomplaints presented in Points of Error Two and Three were not preserved for review." (Appellant's brief, p. 24). The State adopts its response to points of error two and three, supra, and responds as follows. 11 A trial court's decision to hold a pretrial hearing on a suppression motion is discretionary with the court. Tex. Code Crirri. Proc. art. 28.01, § 1; Calloway v. State,
743 S.W.2d 645, 649 (Tex. Crim. App. 1988). A trial court may elect to determine the merits ofthe motion during trial when the defendant lodges a proper objection. Jd. Even if a pretrial motion to suppress is called 1 to the attention of ~he trial court, no error is presented if the trial court, in its discretion, declines to hear the same. Calloway, 743 S.W.2d at 649. While the court is not required to hear any pretrial motion to suppress evidence, the accused retains his right to raise any appropriate ] objection at trial. Id 29 In order to prove an ineffective assistance of counsel claim, a defendant J must show ( 1) by a preponderance of the evidence, that counsel's performance was l j so deficient that he was not functioning as acceptable counsel under the Sixth ] Amendment, and (2) there is a reasonable probability that, but for counsel's error or omission, the result of the proceedings would have been different. Strickland v. J Washington,
466 U.S. 668, 687-96 (1984); Thompson v. State,
9 S.W.3d 808, 812 ] (Tex. Crim. App. 1999). J Appellant's ineffective-assistance claim fails because he did not meet his lJ burden under the Strickland test. With respect to the first Strickland prong, to argue successfully that trial counsel's failure to object amounted to ineffective assistance J of counsel, Appellant must demonstrate, at a minimum, that the trial court would J have committed error in overruling the objection in question.· See Ex parte J Martinez,
330 S.W.3d 891, 901 (Tex. Crim. App. 2011); Jagaroo v. State,
180 S.W.3d 793, 800 (Tex. App.-Houston [14th Dist.] 2005, pet. ref d) ("Before this J court may conclude counsel was ineffective for failure to make an objection, J appellant must show the trial court would have erred in overruling the objection."). J Appellant has failed to make this showing. Here, counsel objected, and the trial ~ court properly denied the motiqn. Appellant's fourth point of error is without merit and should be overruled. J l J 30 ] --, _j J r STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5 I _j The trial court did not err when it admitted extraneous evidence of a statement made by Appellant over relevance and Rule 403 J objections. (4 RR 9-15). J Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told J Appellant that he needed to follow the rules, Appellant replied "that he was in jail J for not following the rules, and he wasn't about to start now." (4 RR 97). Before J trial began, counsel objected based on relevance (4 RR 11) and whether its l probative value was substantially outweighed by the danger of unfair prejudice. (4 J RR 12). The trial cou~ overruled the objections. (4 RR 15). Said evidence was J properly admitted to show Appellant's intent, which was contested. J Standard of review \ J The admissibility of evidence, including evidence that may have implicated J an extraneous offense or other bad act, is reviewed under an abuse of discretion standard. See Montgomery v. State,810 S.W.2d 372, 391 (Tex. Crirn. App. 1990). J As long as the trial court's ruling is within "the zone of reasonable disagreement," J there is no abuse of discretion. See Rachal v. State,
917 S.W.2d 799; 807 (Tex. J Crim. App. 1996). The trial court is entitled to considerable deference with regard to its determinations of fact, and so long as it is correct on any theory of law, the J trial court's ruling should be sustained. See Romero v. State,
800 S.W.2d 539, 543- J 31 J 44 (Tex. Crim. App. 1990). Relevance As noted in Broadnax v. State, no. AP-76207,
2011 WL 6225399(Tex. Crim. App. December 14, 2011): Only relevant evidence is admissible. [footnote omitted] Relevant evidence is "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." J [footnote omitted] Therefore, to be relevant, evidence must be material and probative. [footnote omitted] Evidence is material if it is ] "shown to be addressed to the proof of a material proposition, i.e., any fact that is of consequence to the determination of the action.;, Broadnax v. State,
2011 WL 6225399, * 11. Discussion-relevance First, it must be noted that the Appellant provided no argument as to why the statement was not relevant. (Appellant's brief, p. 26). This presents nothing for review. Tex. R. App. P. 38.1(i) (stating that a brief must contain a clear and concise argument supporting the contentions made with appropriate citation to authority and the record); Lockett v. State,
16 S.W.3d 504, 505 n: 2 (Tex. App.- Houston [1st Dist.] 2000, .pet. ref d) (holding that a conclusory statement supported by neither argument nor authority presents nothing for review) .. In the alternative, the State was required to prove that Appellant possessed the firearm knowingly or intentionally. (CR at 1). See Brown v. State,
911 S.W.2d 744, 747 (Tex. Crim. App. 1995). Here, Appellant placed his intent at issue when I 32 I he denied owning the jacket that contained the revolver. (4 RR 86). Campbell also testified that she owned the gun (4 RR 116), and that Appellant was not aware that the revolver was in the truck. (4 RR 119). "The extraneous offense evidence is relevant because it logically makes elemental facts-intent and knowledge-more · or less probable, and it makes the defense's evidence, attempting to undermine these elemental facts, more or less probable." Swarb v. State,
125 S.W.3d 672, \ 683 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd). Rule403 Tex. R. Evid. 403 provides: "Although relevant, evidence may be excluded . if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence." Tex. R. Evid. 403. "Rule 403 favors admissibility of relevant evidence, and the presumption is that relevant evidence will be more probative than prejudicial." Montgomery, 810 S.W.2d at 3 89. "All Rule 403 rulings are subject to three general considerations: 1) the trial judge should exercise his power to exclude evidence under Rule_403 sparingly; 2) the trial judge's discretion under Rule 403 is not an invitation to rule reflexively or without careful reasoning; 3) the trial judge may not exclude evidence merely because he disbelieves the testimony." State v. Mechler,
153 S.W.3d 435, 443- 444 (Tex. Crim. App. 2005)(Cochran, J. concurring)(footnotes omitted). 33 J I __j A Rule 403 analysis regarding unfair prejudice requires the trial court to J balance the following factors: j . 1. the inherent probative force of the proffered item of evidence along with J 2. the proponent's need for that evidence, against 3. any tendency of the evidence to suggest decision on an improper basis, J 4. any tendency of the evidence to confuse or distract the jury from the main l _j Issues, J 5. any tendency of the evidence to be given undue weight by a jury that has J not been equipped to evaluate the probative force of the evidence, and I 6. the likelihood that presentation of the evidence will consume an J inordinate amount of time or merely repeat evidence already admitted. J Gigliobianco v. State,
210 S.W.3d 637, 641-42 (Tex. Crim. J\pp. 2006)(emphasis added). J Relevant facts-hearing J Concerning the Rule 403 objection, the court heard the following: J Mr. Calvert [prosecutor]: Judge I think we limit the prejudicial effect J by, of course, limiting the conversation to, you know, not a description of what was going on; and we do not talk about any of the escalation that ] happened after that. J The Court: I understand you limit it, but is the limited portion even-.- J Mr. Calvert: I don't believe it is, Judge. J 34 The Court: -- prohibitive of the rules. Mr. Calvert: I don't believe it is, Judge. I think in order for it to be admissible -- or excuse me, inadmissible, the probative effect has to substantially outweigh any -- or excuse_ me -- the prejudicial effect has to substantially outweigh the probative value. The probative value in this case is you have a defendant who's in jail on this particular offense, which it's my understanding is- their defense is going to be it was no~ his gun. He didn't even know it was there. It belonged to someone else. And yet under those circumstances and in the context of that defense, you have him telling somebody "I'm in here for not following } the rules." J (4 RR 14). Discussion-Rule 403 ] A balancing of the above Giglio bianco factors shows that the trial court did not abuse its discretion in admitting the testimony concerning Appellant's J statement. J 1. Probative Value ] -This factor "looks to the evidence's probativeness or how compellingly the evidence serves to make a fact of consequence more or less probable." State v. J Mechler, 153 S.W.3d at 440. 35 l I ,/ J Again, the State had to prove the following: (1) that the accused exercised 1 y J actual care, control, or custody of the firearm; (2) that he was conscious of his ] connection with it; and (3) that he possessed the firearm knowingly or intentionally. Brown v. State,
911 S.W.2d 744, 747 (Tex. Crim. App. 1995).·The J State can meet its burden with direct or circumstantial evidence, but it must J establish that the defendant's connection with the firearm was more than ] fortuitous. Brown, 911 S.W.2d at 747.When the firearm is not found on the 1 j accused's person or is not in the accused's exclusive possession, additional facts . ~ ] must affirmatively link the accused to the firearm. Jones v. State,
963 S.W.2d 826, 830 (Tex. App.-Texarkana 1998, pet. refd). 1 j Here, the revolver was not on Appellant's person. He denied that the jacket ] was his. Campbell recanted what she had told Ledesma at the time of her arrest 1 ~ and, at trial, stated that the weapon was hers and that Appellant was not aware that it was in the truck. Thus, Appellant's statement (thaLhe was in jail for not J l following the rules, and he wasn't about to start now} is probative because it J assisted the jury in determining his intent. .He was acknowledging that he was in J jailfor an offense where he did not follow the rule-- that a felon cannot posses~ a · . . . . . . . ~/LZfi-l7· firearm. Th1s factor we1ghs m favor of adm1ssib1hty. ~- /A rA·I Jfh!. · ·; . /}? , • ~£ 1!. ,r, 'L--- J . ;0/tf 11-fj r.;J lri//JD/11 r 2. Need for the evidence J This factor includes a consideration of "whether the proponent has other ] 36 ] evidence establishing this fact and whether this fact is related to a disputed issue." l Mechler, 153 S.W.3d at 441. As noted above, Campbell recan~ed-what s~e had told J Ledesma at the time of her arrest and, at trial, stated that the weapon was hers and 1 that Appellant was not aware that it was in the truck. Appellant's statement was J related to a disputed issue - his intent. This factor also weighs in favor of 1 admissibility .. 1 J Again, the first two factors are weighed against the remaining four factors. ] 3. Unfair prejudice _,.._. .. ] This factor looks to whether the evidence has the potential to impress the jury in some irrational but indelible way. Mechler, 153 S.W.3d at 440. However, 1j Rule 403 does not exclude ·all prejudicial evidence, only "unfairly" prejudicial ] evidence. Id. As discussed above, the evidence of Appellant's statement was relevant and probative of Appellant's intent and knowleqge to commit the offense. Therefore, the evidence is not unfairly prejudicial because it relates directly to the offense charged. See id. at 440-41. 4. Confusion of the issues ] In Mechler, the Court of Criminal Appeals note~ that because the evidence related directly to the charged offense, "a jury could not be distracted away from the charged offense regardless of the time required to present the results." Mechler, ~ 153 S.W.3d at 441. J 37 1 J 5. Misleading the jury l] This factor addresses whether the jury will be misled by the evidence when J conducting a Rule 403 balancing test. '"Misleading the jury' refers to a tendency of an item of evidence to be given undue weight by the jury on other than 1 emotional grounds." Gigliobianco, 210 S.W.3d at 641. As noted in Espinosa v. J State,
194 S.W.3d 703(Tex. App.-Houston (14th Dist.] 2006, no pet.): ] Rule 403 of the Texas Rules of Evidence carries a presumption that relevant evidence must be more probative than prejudicial. Jones v. State,
944 S.W.2d 642, 652 (Tex.Crim.App.1996); Ho, 171 S.W.3d at 301. Evidence should be excluded only when there exists a clear ] disparity between the danger of unfair prejudice and the probative value of the evidence. Jones, 944 S.W.2d at 652. To be unfaiily prejudicial, there must be "an undue tendency to suggest [a] ,decision on an improper basis, commonly, though not necessarily, an emotional one." Rogers, 991 S.W.2d at 266. The jury's lack of '] familiarity with the interactions between people in jail and those guarding them does not create an undue tendency to suggest the jury will be inflamed by those statements and make a punishment · J decision on their emotions, rather than the facts before them. Espinosa v. State, 194 S.W.3d at 710. (emphasis added). J 6. Undue delay and needless pres~ntation of cumulative evidence J The time to develop the evidence was relatively short; the entire examination of Officer Laketh McKinney took approximately four (4) pages of the reporter's 1 record. (4 RR 96-99). 1J Weighing all of the factors, while giving deference to the review of a Rule 403 determination, shows that the trial court did not abused its discretion by admitting evidence of Appellant's statement. See Powell v. State,
189 S.W.3d 285, i 38 J J J 289 (Tex. Crim. App. 2006)(holding that probative value of other-acts evidence ,_! l that defendant was on parole and that fireann was found on ground near driver's side of vehicle was not substantially outweighed by danger of unfair prejudice.). Appellant's fifth point of error is without merit and should be overruled. I PRAYER J Wherefore, premises considered, the State of Texas respectfully prays that J the judgment of the trial court be affirmed. l _j Respectfully submitted, JARVIS PARSONS DISTRICT ATTORNEY J BRAZOS COUNTY, TEXAS J J ~t@ Douglas owell, III J Assistant District Attorney State Bar No. 10098100 J CERTIFICATE OF SERVICE l J I do hereby certify that a true and correct copy of the State's Brief was J mailed to Mary Hennessy, P.O. Box 2536, Brenham, TX 77833 on this 2/ day lJ of ~u'-) '2013. ] J 39 J r . l I 1 J 1 .J CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 9.4 · ] I certify that the foregoing document has a word count of 10,007 based '1 j on the word count program in Word 2003. . J l J J 1 J ] l J 1 j .40 1 ] CASE NO. 10-13-00049-CR ] IN THE COURT OF APPEALS FOR THE TENTH DISTRICT l AT WACO; TEXAS 1 DAVID DUANE GREER J vs. STATE OF TEXAS ] Appeal from the 272nd Judicial District Court of ] Brazos County, Texas Cause No. 12-03324-CRF-272 J ] BRIEF OF APPELLANT ] Attorney for Appellant: Attorney for Appellee: Mary Hennessy Jarvis Parsons J Law Office of Mary Hennessy Brazos County District Attorney P.O. Box 2536 Brazos County Courthouse ] 403 West Alamo Street Brenham, Texas 77833 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-277-0757 Telephone: 979-361-4320 ] Facsimile: 979-277-0030 Facsimile: 979-361-4368 J ORAL ARGUMET WAIVED ] J J J 1 l NAMES OF ALL PARTIES ] Appellant: David Duane Greer TDC #809333 295-IH-45 j Huntsville, TX 77320-8443 J Appellate Counsel: Mary Hennessy State Bar No. 09472300 ] P.O. Box 2536 Brenham, Texas 77833 Telephone: 979-277-0757 ] Facsimile: 979-277-0030 J Trial Counsel: Earl R. Gray State Bar No. 24007265 103 N. Main Street ] Bryan, Texas 77803 Telephone: 979-822-4759 1 :l Appellee: State of Texas Counsel: Ryan Charles Calvert State Bar No. 24036308 William Lee Ward State Bar No. 24077302 Assistant Brazos County District Attorneys 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-361-4320 Facsimile: 979-361-4368 Trial Court: The Honorable Travis B. Bryan, III 272nd Judicial District Court 300 East 26th Street, Suite 204 Bryan, Texas 77803 Telephone 979-361-4221 11 J l TABLE OF CONTENTS l Names of all Parties ................................................................................ ·ii l .. Table of Authorities ................................................................................. .iv l Issues Presented .....................................................·.................................. vii l Summary of Argument ............................................................................. vii J Statement of the Case ............................ ;..................................................... 2 J Statement of Facts ....................................................................................... 3 l Argument. ....................................................................................... ~ ........... 9 J PointofErrorNo.l: ...................................................................... 9 THE EVIDENCE IS LEGALLY INSUFFICrENT TO SUPPORT A CONVICTION FOR 1'HE OFFENSE OF POSSESSION OF A FIREARM BY A FELON J Point of Error No. 2: ....................................................................... 14 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS J EVIDENCE FOLLOWING AN UNJUSTIFIED STOP Point of Error No. 3: ...................................................................... 14 J THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH J Point of Error No. 4: ..................................... ,................................ 24 APPELLANT WAS DENIED EFFECTIVE ASS IT ANCE OF· COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS J AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH J Point of Error No. 5: ...................................................................... 26 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY J APPELLANT J 111 J J n 0 Prayer ................................................... ;........................................ 28 0 Certificate of Service ........................................................................... 28 8 0 0 0 0 ~10 0 0 0 0 0 0 lV [J I J l TABLE OFAUTHORITES J CASES: Balentine v. State,
71 S.W.3d 763(Tex. Crim. App. 2002) 20 J Benavides v. State,
600 S.W.2d 809(Tex. Crim. App. 1980) 23 J Bollinger v. State,
224 S.W.3d 768(Tex. App.- Eastland 2007, pet. ref d) 12 !\ Brooks v. State, 323 ~.W.3d 893 (Tex. Crim. App. 2010) 9 _I Brown v. Stare,
911 S.W.2d 744(Tex. Crim. App. 1985) 13 J Carmouche v. State,
10 S.W.3d 323, 327 (Tex. Crim. App. 2000) 14, 15 Carter v. State,
851 S.W.2d 390\Tex. App.- Fort Worth 1993, pet ref d.) 26,27,28 J Christian v. State,
592 S.W.2d 625(Tex. Crim. App. 1980) 22 J Clayton v. State,
235 S.W.3d 772(Tex. Crim. App. 2007) 11 Daniels v. State,
600 S.W.2d 813(Tex. Crim. App. 1980) 23 J Davis v. State,
93 S.W.3d 664(Tex. App.- Texarkana 2002, pet. refd 12 J pavis v. ~S~tate, 947 S:W.2d 240 (Tex. Crim. App. 1997) 20 / ,' Edwards v. State,
813 S.W.2d 572(Tex. App.- Dallas, 1991, pet ref d) 9 J Evers v. State,
576 S.W.2d 46(Tex. Crim. App. 1978) 22 J Ex parte Felton,
815 S.W.2d 733(Tex. Crim. App. 1991)
25 Fla. v. Wells,
495 U.S. 1,
109 L. Ed. 2d 1,
110 S. Ct. 1632(1990) 23 J Garcia v. State,
43 S.W.3d 527(Tex. Crim. App. 2001). 20 J Gill v. State,
625 S.W.2d 307(Tex. Crim. App. 1981) 22,23 Grant v. State,
989 S.W.2d 428(Tex. App.--Houston [14th Dist.] 1999, no pet.) 11 J Hall v. State,
86 S.W.3d 235(Tex.App.-Austin 2002, pet. refd) 11 J Hereford v. State,
339 S.W.3d 111(Tex. Crim. App. 2011) 15 v J J Jackson v. Virginia,
443 U.S. 307(1979) 9, ll King v. State,
953 S.W.2d 266(Tex. Crim. App. 1997) 27 Lasterv. State,
275 S.W.3d 512(Tex. Crim. App. 2009) 11 Mappv. Ohio,
367 U.S. 643(1961) 19 Matson v. State,
819 S.W.2d 839(Tex. Crim. App. 1991) 10 AfcGoldrick v. State,
682 S.W.2d 573(Tex. Crim. App. I 985) 13 McMann v. Richardson,
397 U.S. 759(1970) 24 lvfontgomer.v v. State.
810 S.W.2d 372 (Tex. Crim. App 1990) (op. on reh 'g) 27 Aforales v. State,
32 S.W.3d 862(Tex. Crim. App. 2000) 27 Oli~·er v. U.S'.,
466 U.S. 170(1984) 20 Poindexter v. State.
153 S.W.3d 402(Tex. Crim. App. 2005) 13 Powell v. Alabama, 287 U.S. (1932) 24 Rojas v. State,
797 S.W.2d 41(Tex. Crim. App. 1990) 20 South Dakota v. Opperman,
428 U.S. 364,
96 S. Ct. 3092,
49 L. Ed. 2d 1000(1976) 22 State v. Rudd,
255 S.W.3d 293, (Tex. App.- Waco 2008, pet. refd.) 20 Strickland v. Washington,
466 U.S. 668( 1984) 24 Texas v. Griffey,
241 S.W.3d 700(Tex. App.-Austin 2007) 22 United States v. Muniz-Melchor,
894 F.2d 1430(5th Cir. [Tex.] 1990) 20 United States v. Martinez,
486 S.W.3d 855(5th Cir. 2007) 21 Weeks v. State,
894 S.W.2d 390(Tex. App.-Dallas 1994, no pet.) 25 Wicker v. State,
667 S.W.2d 137(Tex. Crim. App. 1984)
9 Will. v. State,
235 S.W.3d 742(Tex. Crim. App. 2007) 11 Woods v. State,
956 S.W.2d 33(Tex. Crim: App. 1997) 20 Vl J ] Wong Sun v. US.,
371 U.S. 471,
83 S. Ct. 407,
9 L. Ed. 2d 441(1963) 22 ·wright v. State,
603 S.W.2d 838(rex. Crim. App. 1980) 12 J J STATUTES ] TEX. PENAL CODE ANN. § 46.04 l2 TEX. PENAL CODE ANN. § 1.07 12 ] TEX. CODE CRIM. PROC. ANN. ART. 38.07 (Vernon 2009) 18 ] RULES J Rule 401, TEX. R. EVID. 26 J Rule 402, TEX. R. EVID. 26 J Rule 403, TEX. R. EVID. 26 J :] J ] ] ] J Vll . J J 0 0 ISSUES PRESENTED . 0 Point of Error No. 1 THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CONVICTION · FORTHE OFFENSE OF POSSESSION OF A FIREARM BY A FELON B Point of Error No. 2 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP 0 '·· Point of Error No. 3 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH 0 Point of Error No. 4 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS 10 AND 10 TlMEL Y OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN Itv,fPROPER STOP AND SEARCH 0 Point of Error No. 5 b I THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY APPELLANT ~ r SUMMARY 0}' THE ARGUMENT Appellant raises three issues for the Court's review. Appellant contends that no ~ rational trier of facts could have found beyond a reasonable doubt that Appellant intentionally or knowingly possessed a firearm and that the evidence in support of the 0 conviction is legally insufficient and the case should be reversed and an acquittal entered. I r ru Appellant also contends that the trial court erred in denying Appellant's challenge to the stop of the vehicle he was driving. The stop resulted in a search of the vehicle that yielded the firearm that Appellant was convicted of unlawfully possessing. Alternatively, u I Vlll ~ r J J in the event the Court determines that Appellant's challenge to the search was waived, J Appellant complains that he was denied effective assistance of counsel due to trial counsel's failure to properly and timely urge the Motion to Suppress. J J J J J J J 1 J J J J J } ~ IX J -0 0 n TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: COMES NOW David Duane Greer, Appellant, by and through his attorney of record, 0 Mary Hennessy, and files this brief on appeal. 0 STATEMENT REGARDING ORAL ARGUMENT 0 Pursuant to TEX.R.APP.P.38.1(e), Appellant does not request oral argument. Although 0 this is a meritorious appeal of a criminal case, Appellant believes that the facts and legal 0 arguments are adequately presented in this brief and docs not believe the Court would be significantly aided by oral argument. 0 0 SUMMARY OF THE ARGUMENTS Appellant was charged and convicted of possession of a firearm by a felon. Appellant brings five grounds of error for the Court's review. Appellant in his first point complains that the evidence presented against him at trial was insufficient to support the jury's verdict of guilt against him because no rational fact finde:- could have found beyond a reasonable doubt that he intentionally or knowingly was in possession of the firearm found in the vehicle he was driving. His next points, numbers two through four, challenge the search of the vehicle he was driving that was stopped and searched. Specifically, Point of Error Two asks the Court to review the justification behind the initial stop. The vehicle Appellant was driving was stopped as a result of a tip from a confidential informant that Appellant, who was the subject of an arrest warrant, would be in the vehicle. The tip contained no informatiori other than that one fact and there was 1 1 l no corroboration by law enforcement that Appellant was, in fact, in the vehicle before it was J stopped. Appellant also complains that the warrantless search that ensued was unconstitutional. ~ The State justified the search as an inventory search. However, the State failed to establish that l J an inventory search was necessary, since the vehicle was owned by Appellant's father and law enforcement mad no attempt to contact him to come retrieve the vehicle. And, the officer 1 conducting the inventory did not follow the procedure established by the Brazos County J Sheriffs Department for an inventory search. Appellant also asks that if the Court should determine that trial counsel did not timely ~ urge the motion to suppress, that the Court find he was denied effective assistance of counsel. j Finally, Appellant complains that the trial court erred in overruling his objection to a statement he purportedly made to a jailer that he contends was not relevant to any issue in ] dispute, or, if found relevant, that its prejudicial effect far outweighed its probative value. J STATEMENT OF THE CASE J Appellant was indicted on July 12, 2012 for the offense of possession of a firearm by a J felon, alleging that, on or about February 16,2012, Appellant did then and there, having been } previously convicted of the felony offense of Possession of Methamphetamine intentionally and knowingly possess a firearm before the fifth anniversary of the defendant's release from ~ community supervision or parole. The indictment also contained two enhancement paragraphs. i] (C.R. 1). Trial was to the jury commencing on November 14,2012. (C.R. 79). Appellant was· ] convicted on November 14, 2012. Punishment was to the Court and on January 27, 2012, } 2 0 0 Appellant was sentenced to thirty years confinement in the Texas Department of Correction- D Institutional Division. Appellant gave timely Notice of Appeal. 0 0 STATEMENT OF FACTS 0 Terry Young, an investigator for the Brazos County Sheriff's Department, testified that 0 on February 16, 2012, he participated, along with other members of the Criminal Investigation Division and some uniformed officers, in the execution of arrest warrants for David Greer and 0 Monishia Campbell in Bryan, Texas. Mr. Greer and Ms. Campbell were in a black Ranger pickup and were pulled over by patrol officers, detained at gunpoint and arrested. (R.R. Vol. 4, pp 26-32). Subsequent to the arrest, Deputy Young conducted a vehicular inventory search. He described the vehicle·as an extended cab Ford Ranger pickup with a passenger compartment that had a small, extended area behind the seats. In the cab, he found "All kinds of clothing, just various items, a cane, a bag that had a lot more clothing in it." (R.R. Vol. 4, 36-38). He testified: Q: The clothing that was in the bag, did it appear to belong to Mr. Greer or Ms. Campbell? A: It appeared to belong to Ms. Campbell. Q: Why do you say that? A: Most of it was women's clothing, and it was very small.. Q: Okay. And, Ms. Campbell is a little girl, right? A: Yes, she's very petite. Q: With regard to the- well, did Ms. Campb-::11, for example, did she have a purse in there? A: Yes. · Q: So, it would be fair to say that some of the sniff- some of the items that were in the cab of the trunk clearly were associated with Ms. Campbell, ri~ht? A: Yes, sir. 3 J l Q: And others were clearly not. Would that be fair? A: Yes, sir. (R.R. Vol. 4, 3 8). J Deputy Young testified that he recovered a large, black leather jacket in the back J compartment area behind the seats, just lying with the rest of the items. It was not in the bag of J \\{gat he referred to as Ms. Campbell's clothing. He found a .22 revolver in the pocket ofthe :,;'~:;, J j``k~t. (R.R. Vol. 4, 39-40). He further testified that Appellant was wearing a tank top and that a lot of the officer's J seen in the video were wearing jackets. Ms. Campbell was also wearing a coat. (R.R. Vol. 4, 43- J 44). } He was unsuccessful in his attempt to find usable fingerprints on the revolver. (R.R. Vol. J 4, 47). 1 J He further testified that he found a .22 long rifle bullet in the pocket of a pair of Ms. :1 Campbell's jeans found in a duffle bag. (R.R. Vol. 4, 49-50). !I lJ Deputy Young opined that the .22 long rifle bullet could not be used in the .22 revolver, which is chambered only for a .22 short bullet and a .22 short is substantially shorter. (R.R. Vol. 4, 50). J Using 3 bullets, of the same type he stated were found in the jeans, Deputy Young testified that, while they could be loaded in the chamber of the .22 revolver, the chamber could not rotate to the proper point and would not fire. (R.R. Vol. 4, 51-52, 55). The actual bullet recovered from the jeans pocket _was returned to Ms. Campbell, as it was not illegal to possess such. (R.R. Vol. 4, 52-53). The revolver was loaded at the time it was discovered. (R.R. Vol. 4, 53). ' 4 l 1 Deputy Young said the basis for his belief that the jacket belonged to Appellant was, as l follows: A: The fact that the jacket is an extra large size, an9 that would be about the right size to fit the defendant, being quite a bit bigger than what Ms. Campbell was. u Q: Okay. As I think you showed us in the video earlier, Ms. Campbell was earlier wearing a jacket. A: Yes, sir. She was. (R.R. Vol. 4, 57). On cross, Deputy Young agreed that the truck was disorganized and that there was a lot J of stuff "everywhere':. (R.R. Vol. 4, 60). No pictures were taken of the interior of the cab of the truck prior to the search. And, Investigator Young could not remember precisely where the jacket was found in the back compartment and agreed that there may have been other clothes on top of the jacket. There was no identifying information in the jacket. (R.R. Vol. 4, 60-61). Deputy Young further testified on cross, that there is, in addition to the .22 short bullet u and the .22 long rifle bullet, a .22 long shell that falls between the other two in size. He acknowledged that a .22 long bullet would likely fit the revolver. (R.R. Vol. 4, 60-61 ). J The following was aaduced on cross regarding the bullet found in Ms. Campbell's jeans: j Q (Mr. Gray): ... you did actually try to place the .22 long rifle shell in the -- in the chamber of this particular gun; is that right? A. We did with counsel, yes. J Q: Okay. And then- we won't do it in front of the jury, so we're not loading the pistol in the courtroom, but fair to say it wouldn't rotate? A: Correct. Q: Okay. Now, you would agree with me it just protruded by a hair. It wasn't that much, right? A: That is correct. Q: Okay. Would you, therefore, agree with me that a .222 long would likely fit in there, in that particular chamber as it would be a little shorter? A: Yes, you're right. It probably would. Okay. And as to that .22 caliber shell that was fow1d in the size 5 jeans, that was not collected; is that correct? 5 l J J ] A: That is correct. Q: Okay. We have a photo of it, but we don't have the shell; is that fair to say? A: That's correct, sir. J Q: Okay. And there's not really- I tried to blow it up. There's really no marking or indications that I could see as far as a brand or anything of that nature. Is it at least possible that that could have been a .22 long, that shell? A: I don't believe it was, sir. Q: But is it possible? l A: I don't think so, sir. Q: Why is that? A: I've had a lot of experience with .22s, and my personal belief is that it's a long rifle. J Q: You'd agree with me though, that if we actually had it here, that would be the better option, correct? A: Yes sir. J (R.R. V ol.4, 65-66). In addition, Deputy Young acknowledged that the gun could have been swabbed in l cJ different key areas, such as the trigger, hammer and handle, and sent, along with Appellant's and J Ms. Campbell's samples, to determine a possible match. He admitted this had not been done. The shells inside the chamber were not subjected to DNA analysis either, Nor were the shells J dusted for fingerprints. J (R.R. Vol. 4, 67-68). Deputy Young confirmed that the jacket Ms. Campbell was wearing as captured on the :) -" video, was oversized. (R.R. Vol. 4, 71). J The registered owner of the vehicle driven by Appellant was Kenneth Greer, Appellant's father. (R.R. Vol. 4, 72-73). J Ricardo Ledesne, a Brazos County Sheriffs Department investigator, testified that, while J on duty on February 16, 2012, he received a call from a confidential informant and, based upon the call, began looking for Appelhnt and Monishia Campbell in a particular vehicle with the J intent of executing arrest warrants. (R.R. Vol. 4, 78-80). J 6 J J ] The weather was cloudy and cool and Investigator Ledesne was wearing a windbreaker and he recalled that Ms. Campbell was weariag a red shirt and a camouflage jacket. (R.R. Vol. 4, J 82). J As part of his involvement in the investigation, he spoke with Ms. Campbell and, when J the gun was found, took the jacket over to her to question her about who owned it. He said she looked surprised and shook her head no. He further testified that Appellant denied the jacket was J his. (R.R. Vol. 4, 83-86). J On cross, Investigator Ledesne confirmed that Ms. Campbell was wearing an oversized jacket. He also offered his opinion that the picture of the bullet found in the small jeans was from J a .22 long rifle and said that it would not fire from a .22 revolver. (R.R. Vol. 4, 91-95). ] Leketh McKinney, a Brazos County Sheriffs Department jailer, testified regarding an exchange he said he had with Appellant in the jail in August of 2013. Wherein, according to J Deputy McKiney, upon being instructed to follow the rules, Appellant said that he "was in jail J for not following the rules and wasn't about to start now." (R.R. Vol. 4, 96-97). After the State rested, Appellant urged his Motion To Suppress, which was denied. J Defense called Monisha Campbell, who identified herself as being Appellant's live-in J girlfriend at the time of the arrest. She stated that she and Appellant had fought the day preceding the arrest and as a res.ult she had intended to move out. She testified, that: I grabbed whatever clothes and items I could grab, and I grabbed a gun and placed it in my bag and left. (R.R. Vol. 4, 110-114). According to Ms. Campbell, the jacket inside of which law enforcement claimed to have found the gun, was not hers, but she thought she may have taken it into her possession in the rush to gather her property. (R.R. Vol. 4, 115). 7 :1 Ms. Campbell testified that she was certain that Appellant had no knowledge of the gun, as she kept its existence from him due to the fact that he was on parole. Her reason for having the J gun was for self-defense because she had been the victim of a kidnapping and a rape and her j assailant was out on bond. She testified that she was on probation out of Galveston County for J possession of cocaine at the time of the incident and was later revoked. She also admitted to theft and prostitution convictions. (R.R. Vol. 4, 115-121, 140). 1 On cross, Ms. Campbell stated that she had believed she would have wrapped the gun up l in clothes when packing to leave, and, when pressed, said she had a vague recollection of doing so. She further stated that the jacket in question did belong to Appellant and she told Officer J Ledesne at the scene that it was 'Hillbilly's' jacket, referring to Appellant. She agreed with the J prosecutor that, if Appellant was unaware of the gun in the pocket, he would have no reason to deny ownership ofthejacket. She admitted that she had not accepted ownership ofthe gun when J questioned at the scene by Officer Ledesne and then again claimed it was not hers, when J questioned in the patrol car by Deputy Belew. (R.R. Vol4, 127-136). Her explanation, given on redirect, for not being truthful at the scene regarding her J ownership. of the weapon was that she was concerned about her probation. (R.R. Vol. 4, 137- 139). After the defense rested, Detective Ledesne was called in rebuttal and a video was played that showed Appellartt in custody at the scene wearing no jacket, denying ownership of the black jacket and claiming ownership of the camouflage jacket. (R.R. Vol. 4, 144-146). ·"l On re-cross, after the playing of the scene video for the jury, Detecitve Ledesne, acknowledged Ms. Campbell did sigh when asked about ownership of the jacket, despite his earlier testimony to the contrary, (R.R. Vol. 4, 150). 8 1 J Upon being recalled, Investigator Young testified that the black jacket containing the gun was not in the duffle bag. (R.R. Vol. 4, 154-155). He, again, on cross admitted he did not recall J exactly where in the back of the cab the jacket was found and could not say if it was on or under J the other clothing. (R.R. Vol. 4, 155-156). Jason Ware, a Brazos County Sheriffs Department investigator, testified that he saw J Invest[gator Young recover the black jacket from the vehicle. He could not say exactly from J where Investigator Young found he jacket, but he did not believe it was in a bag full of other J stuff. (R.R. Vol. 4, 159). I POINT OF ERROR NUMBER ONE J THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE VERDICT OF GUlL T BECAUSE A RATIONAL JUROR COULD NOT HAVE FOUND BEYOND A REASONABLE DOUBT J THAT APPELLANT WAS IN POSSESSION OF A FIREARM. J STANDARD OF REVIEW ~ · In conducting a sufficiency review, the Court views the evidence in the light most favorable to the verdict and determines whether any rational trier of fact could have found the essential elements beyond a reasonable doubt. Brooks v. State',323 S.W.3d 893, 899 (Tex. Crim. App. 2010); Jackson v. Virginia,
443 U.S. 307, 319 (1979). The standard 1s the same for both direct and circumstantial evidence. Edwards v. State,
813 S.W.2d 572, 575 (Tex. App.- Dallas, 1991, pet ref d). In evaluating a legal sufficiency challenge, the issue is not whether the court believes the State's evidence or believes the defense's evidence outweighs the State's evidence. Wicker v. State,
667 S.W.2d 137, 143 (Tex. Crim. App. 1984). The verdict may not be · J overturned unless the verdict is irrational or unsupported by proof beyond a reasonable doubt. 9 J 0 0 Matson v. State,
819 S.W.2d 839,846 (Tex. Crim. App. 1991). 0 Facts Relevant to Pointo[Error One Appellant's challenge to the sufficiency of the evidence presented at trial is directed at 0 the issue of whether or not Appellant was intentionally or knowingly in possession of the firearm D found in the search of the vehicle that he was driving. The relevant evidence is as follows: The vehicle was in complete disarray with stuff everywhere. (R.R. Vol. IV, 60). 0 There was no evidence that the gun would have been apparent to Appellant, as no pictures were taken demonstrating where property was located before the search. (R.R. Vol. IV, 60-61, 159). There was no evidence that it was found in clos~ proximity to Appellant 'or that he could have 0 reached it while driving. (R.R. Vol. IV, 60-61, 159). The vehicle was not owned by Appellant but by his father, Kenneth Greer. (R.R. Vol. IV, 72-73). There was no forensic evidence that connected Appellant with the firearm. (R.R. Vol. IV, 61, 67- D 68). The testimony was that law enforcement's attempt at lifting fingerprints from the firearm was ··<: unsuccessful and no attempt was made to print the shells found inside the firearm. (R.R. Vol. IV, 0 67-68). Despite acknowledging that DNA could well have yielded evidence of who had handled the weapon, such testing was not done. (R.R. Vol. IV, 68). . 0 Law enforcement had sent a request to the ATV to determine history of the firearm, but had done so just before trial and had net yet received the information. (R.R. Vol. IV, 72). The firearm was foun"d in the pocket of a men's large jacket. (R.R. Vol. IV, 39-40). 0 Appellant was not wearing a jacket and the weather scene were wearing jackets. (R.R. Vol. IV, 57, 82). · was cool and some of the people on the Ms. Campbell was wearing a large man's jacket when stoppe(;i. (R.R. Vol. IV, 71,91). A .22 bullet was found in the pocket of a pair ofMs. Campbell's jeans, that Officers opined was a long bullet and would not have be~n.usable in the .22 pistol. The bullet was not available to the jury as it has been released. (R.R. V~l IV, 49-50). ,~'l Ms. Campbell testified that the firear!n was._hers and she had obtained it as protection after being the victim of a kidnapping and rape case and her accused assailant was released on bond. She testified that Appellant had no knowledge of it, as she had carefully hidden it from him .. Her explanation for its presence in the vehicle was that she and Appellant, with whom she \y~s living, had argued the day before the arrest and she had gathered all her belongings.up in a hurry and' loaded them in the truck. (R.R. Vol. IV, 110-121 ). / Ms. Campbell testified that the jacket containing the bullet had been a gift toAppellant from his mother. At the scene, she told officers that it belonged to "h~llbilly," her nickname for Appellant. (R.R. Vol. IV, 127-136). ·, • At the scene, Ms. Campbell denied ownership, or any knowledge, of the firearm. The explanation she offered was that she was concerned about it possibly being a violation of her probation. (R.R. Vol. IV, 144-146) When questioned at the scene, Appellant denied owne~ship of the jacket. (R.R. Vol. IV, 83-86) 10 ] l 1 ARGUMENT AND AUTHORITIES Evidence is insufficient to support a conviction if considering all the record evidence in J the light most favorable to the verdict, no rational finder of fact could have found that each essential element of the charged offense was proven beyond a reasonable doubt. See Jackson v. Virginia,
443 U.S. 307,319,99 S. Ct. 2781,2789,61 L. Ed. 2d 560 (1979); Laster v. State,
275 S.W.3d 512, 517 (Tex. Crim. App. 2009); Williams v. State,
235 S.W.3d 742, 750 (Tex. Crim. App. 2007). Viewed in the light most favorable to the verdict, the evidence is insufficient under this standard in two circumstances: (1) the record contains no evidence, or merely a "modicum" ·of evidence, probative of an element of the offense; or (2) the evidence conclusively establishes a . ;l: reasonable doubt. Jackson v. Virginia, 443 US. at 314; Laster v.~tate, 275 S.W.3d at 518; Williams v. State, 235 S.W.3d at 750. In conducting a sufficiency review, the appellate court considers both direct and circumstantial evidence and all reasonable inferences that may be drawn there from in making its determination. Clayton v. State,
235 S.W.3d 772, 778 (Tex. Crim. App. 2007). An appellate court determines whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict. Id. Proof amounting to a strong suspicion or a probability of guilt will not suffice to establish guilt beyond a reasonable doubt. Hall v. State,
86 S.W.3d 235, 240 (Tex.App.-Austin 2002, pet. ref d). The proof must generate more than a strong suspicion or even a probability. Grant v. State,
989 S.W.2d 428,433 (Tex. App.--Houston [14th Dist.] 1999, no pet.). Appellant challenges the sufficiency of the evidence on the element of knowing or intentional possession. To prove possession of a firearm by a felon, the State was required to show that 11 D 0 Appellant intentionally or knowingly possessed the firearm. 0 TEX.' PENAL CODE ANN.§ 46.04. Possess" means care, custody, control, or management. D TEX. PENAL CODE ANN. §1.07. D The jury was properly charged, in part, that in order to convict, they must find as follows: .. beyond a reasonable doubt that on or about the 16th day of February, 2012 in Brazos County, 0 Texas, the defendant, David Greer, did then and there having been convicted of the felony offense .... intentionally or knowingly possess a firearm. 0 The charge correctly defined intentionally and knowingly, as follows: A person acts intentionally, or with intent, with respect to the nature of his conduct or to a 0 result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or 0 to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. D (C.R.46-4 7). 0 To support a conviction for possession of a firearm, the state must show ( 1) that the accused exercised care, control, or custody of the firearm, (2) that the accused was conscious of 0 his connection with tli.e firearm, and (3) that he possessed the firearm knowingly or intentionally. 0 Davis v. State,
93 S.W.3d 664, 667 (Tex. App.- Texarkana 2002, pet. ref' d). The State must establish that the defendant's connection with the firearm was more than just fortuitous . .0 Bollinger v. State,
224 S.W.3d 768, 774 (Tex. App.- Eastland 2007, pet. ref' d). 0 The State is charged with rhe burden of proving each essentiat element of the charged otiense beyond a reasonable doubt. Wi-ight ''· State.
603 S.W.2d 838, 840 (Tex. Crim. App. 0 1980). 0 0 12 0 I ] l In viewing the evidence, detailed above, in the light most favorable to the verdict," the evidence was insufficient to support the jury's finding, implicit in its verdict, that Appellant was J responsible for placing the gun inside the jacket. The State failed to establish enough links J connecting Appellant to the firearm. Futiher, the testimony of Monishia Campbell conclusively J established reasonable doubt. \Vhen the accused is not in exclusive possession or control of the place where the J contraband is found, it cannot be concluded that he has knowledge of or control over the J contraband unless there are additional independent facts and circumstances linking him to the contraband. Poindexter v. State,
153 S.W.3d 402at 405 (Tex. Crim. App. 2005). As with
682 S.W.2d 573 , 578 (Tex. Crim. App. 1985). However, the evidence must establish, to the requisite level of confidence, that the accused's connection with the contraband was more than just fortuitous. Poindexter. 105 S.W.2d at 406; Bro-wn v. State,
911 S.W.2d 744, 747 (Tex. Crim. App. 1985). The State will likely argue that the testimony that Appellant denied ownership of the jacket proves to a sufficient degree that he knew the firearm was inside. As argued by defense counsel, when confronted with such a question, Appellant would certainly have understood that .".J lJ the question was being asked because something had been discovered in the jacket. While his statement might reasonably caused suspicion, it surely does not rise to level of proof beyond reasonable doubt. A review of the evidence as a whole makes clear the necessity for the Court to reverse the judgment of the Court and enter an order of acquittal in order to prevent manifest injustice. When the record is considered in its entirely, the evidence is insufficient to support a finding 13 0 Q beyond a reasonable doubt by a rational fact-finder that Appellant's connection with the firearm 0 was conscious and that his possession of the firearm was knowing or intentional. 0 POINT OF ERROR NUMBER TWO 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO 0 SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP ·D POINT OF ERROR NUMBER THREE 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY 0 SEARCH 0 The factual basis and legal authority relevant to points of error numbers two and three 0 being substantially the same, the points are discussed jointly herein in the interest ofbrevi~y. STANDARD OF RE:VIEW 0 The standard of review of a Trial Court ruling on a Motion to Suppress is abuse of discretion. In D reviewing the Trial Court's ruling, the AppeEate Court applies a bifurcated standard of review. The reviewing Court gives almost total deference to the Trial Court's determination of historical .0 facts, while conducting a de novo review of the Trial Court's application of law to those facts. (. !o Carmouche v. State,
10 S.W.3d 323,-327 (Tex. Crirn. App. 2000). 0 If the Trial Court's findings are supported by the record,. a reviewing Court will not disturb them and will only address questions of whether the Trial Court improperly applied the 0 I law to the facts. Absent explicit findings of historical fact, the evidence is viewed in a light most · 0 14 b I n 0 favorable to the Trial Court's ruling. Carmouche v. State, 10 S.W.3d at 327. In the instant case, 0 there were no findings of fact or conclusions of law requested. Therefore if any theory supports . the court's overruling of the Motion To Suppress then there is no error. n The AppeLlate Court in reviewing pure questions of law and mixed questions of law and 0 fact that do not depend on credibility determinations do not afford the trial judge the same degree of deference as is afforded in the trial court's factual findings. Such topics might include 0 determinations of reasonable suspicion or probable cause as well as other applications of the law 0 of search and seizure. An appellate court reviews these questions de novo. Hereford v. State,
339 S.W.3d 111(Tex. Crim. App. 2011 ). 0 Procedural history underlying suppression motion 0 Appellant filed three separate motions to suppress the evidence seized in the search of the vehicle: 0 / Defendant's Motion To Suppress (Invalid Seizure/Arrest/Restraint/Detention Without 0 Warrant), specifically attacking the initial seizure of Appellant (C.R. 15-17). Defendant's Motion To Suppress (Search ofPerson And/Or Personal Belongings Without 0 Warrant), specifically attacking the search of Appellant's person and personal property without a· 0 warrant or otber exigent circumstances (C.R. 13-14). Defendant's Motion To Suppress (Search of Person And/Or Personal Belongings Without [J Warrant), specifically attacking the search of the vehicle that resulted in the seizure of the 0 firearm following the seizure and detention of Appellant (C.R. 18-19). 0 It is clear that trial counsel had notified the Court prior to commencement of the trial that he was moving to suppress the evidence on both the grounds that the initial stop was unlawful 0 and that inventory search was improper, as evidenced by the pretrial discussion that ensued when Q 15 0 0 0 the State offered into evidence outside the presence of the jury, arrest warrants for Appellant and 0 Monishia Campbell and Appellant's trial counsel objected: THE COURT: I don't understand. Why are you offering these warrants? 0 MR. CALVERT: Judge, Mr. Gray said yesterday that he was moving to suppress the evidence in this case. based upon·- what he told the Court yesterday was based upon the detention and the subsequent .inventory search, and that was what he advised the Court, and that was what he you 0 know, advised us. That he's challenging the initial detention. The sole basis for th~initial detention was those warrants. It wasn) a traffic stop. They didn't see lilm speeding~They were out there specifically to - the Sheriff's off1ce was out there D specifically to execute those warrants on those two individuals. THE COURT: Uh-huh. r.. -~ MR. CALVERT: They located them driving the vehicles, and that was the one and only reason 0 they stopped them. THE COURT: And your not offering these in front of the jury, just for the purpose- .,.,, ,``~.... MR. CALVERT: Just for record purposes, just fro purposes of the motion to suppress. 0 THE COURT: Yeah. MR. GRAY: Judge, you know, we- I am going to- I'm not going to allow hearsay to come in. I am going to object o hearsay. If an officer is talking about what other. officers said in regard to 0 the stop. But I'm not attacking the validity cf those arrest warrants. That's not where I'm going at all. THE COURT: You're attacking the existence ofthe- or the- 0 MR. GRAY: The arrest warrants? No, not at all. Just the basis for the stop. I mean, just because an arrest warrant existed, b=how did the officer find out that information? Was he told on the street? Did he get it from dispatch? Was it- 0 THE COURT: Alright. MR. GRAY: --triple hearsay. Because those kind of things I will object to. D THE COURT: I'm going to overrule your objection. (R.R. Vol. IV, 18-19). 0 Subsequently, during the case in chief, the State offered into evidence the firearm and the jacket in which it was found and Appellant's trial counsel stated: 0 No additional objections other than what we talked about earlier, Judge. At which point both exhibits were admitted before the jury. 0 (R.R. Vol. IV, 40-41). Then, when the State rested, Appellant's trial counsel urged his motion to suppress: 0 MR. GRAY: Judge, the State has rested, and they have concluded their presentation of the evidence in the case-in-chief. · D 0 16 u 0 0 Judge, at this point, we would urge our suppression motion. It was timely filed, and the law is such that we can carry that into the trial for judicial economy, and that's what we did. But 0 this is the proper junction to urge that motion. A couple of things, Judge, the- we believe that the basis of the stop was an illegal stop. It was not based upon any traffic offense or any offense whatsoever that was seen by any of the 0 officers. There's no testimony as to that. , Investigator Ledesma had indicated that the information that they received linking them . to my client and Monishia was that there was a description that they were -- and that they were 0 .. .in this vehicle, and tlrey were driving this particular vehicle. The problem we run into, if this was a identifiable person, if even Dispatch had a name or a .phone number or an address, somewhere where we CO'.lld talk to this person, we could [l potentially determine their veracity, whether they're telling he truth or not. Just the generalized statement that this is a reliable confidential informant, I don't think that gets us there. Trial counsel argued to the Court that the only evidence tying the arrest warrants to the 0 vehicle that was stopped was the informant saying they would be in the vehicle. Pointing out for the Court that the officers did not identify Appellant as being in the vehicle before stopping it, the officers were not able to sec: in the tinted windows, officers did not have a license plate 0 number, and in fact, had nothing to hang their hats o o·~her than the confidential informant's tip. (R.R. Vol. IV, 100-102). 0 Appellant's trial counsel further argued to the Court that the search of the vehicle without 0 warrant could not be justified on the basis of an inventory search. The rationale being that it was not a full inventory search as required by department policy, rather it was a pretext investigatory 0 search. (R.R. Vol. 104-1 06). ,; ..... 0 -~ The Court denied the Motion To Suppress. (R.R. "oi. IV, 111). to •. u Facts relevant to legality o(stop As set out above in the Statement of Facts, only two officers testified regarding the stop -~' 0 ;1.5,( and search of the vehicle, Office Terry was called to describe his duties assisting Deputy Ficke .. 0 with the inventory search of the vehicle App'ellant was driving, and his discovery of the firearm. On the issue of the initial stop, Officer Terry testified that there were at least six officers 0 with the Criminal investigation Division in at least six vehicles, plus a number of marked D vehicles, involved in the execution of the arrest warrants for Appellant and Ms. Campbell. (R.R. u 17 [J Vol. IV, 29-30). Some ofthe officers got out with weapons drawn pointed at the truck Appellant was stopped in. (R.R. Vol. IV, 33). 1 On direct, Officer Terry testified, when asked if the officers were able to identify 1 Appellant and Ms. Campbell in the vehicle, that, "we were." (R.R. Vol, IV, 31). However, on 1 cross, Officer Terry stated that he was a block or so behind everybody else when the stop occurred. He also confirmed that if the vehicle had tinted windows it would be difficult tQ ] identify occupants from the side of the vehicle. (R.R. Vol. IV, 58, 76). J In regard to the initial stop, Investigator Ledesma testified that he received a phone call from an informant after which he started looking for vehicle with David Greer and Monishia ~ Campbell, who had outstanding arrest warrants. Investigator Ledesma testified that he was ~ involved in the stop, but was "a pretty good distance back." (R.R. Vol. IV, 81-82). On cross, Investigator Ledesma testified that he was given a description of the vehicle by J ~ to the call, he had no lpowledge tying Appellant to that particular vehicle. (R.R. Vol. IV, 87-88). ~ ' \ ·.. ···· On redirect, Ledesma testified that he had worked with the confidential informant before ..-.J J ' and ~ was reliable and truthful and they did not provide any information other than the possible ~ location for Appellant. (R.R. Vol. IV, 91-92). J Facts relevant to the legality o(the inventory search J Officer Terry testified that he assisted Deputy Ficke in the inventory search and that ~ Deputy Ficke prepared the inventory sheet. According to Investigator Terry, there was "stuff everywhere" in the truck. (R.R. Vol. IV, 57-58). He acknowledged on cross that the purpose of ~ the inventory search was to list all items in the vehicle to avoid liability issues (R. R. Vol. IV, ~ 18 l .. '0 0 60-61 ). He admitted that on occasion he allows a detained person to call a family member to ·o retrieve the vehicle, but not in this case. (R.R. Vol. IV, 63 ). The inventory form was admitted into evidence. (R.R. Vol. IV, 90, SE# 15). Appellant's 0 trial counsel argued that the inventory form did not L:Omply with the stated procedure of the 0 department, in that it did not list all items of property in the vehicle. The inventory form did not include the firearm, the bullet found in the jeans, and did not specify the items of clothing found,- 0 such as the jeans and -the· jacket. (R.R. Vol. IV, 105). 0 The vehicle was registered to Kenneth Greer, Appellant's father. (R.R. Vol. IV, 72). A copy of the Brazos County Sheriff's Department Inventory Policy was admitted into 0 evidence. It specifically requires that all items of value be listed in the inventory report. It further 0 specifically directs that the inventory procedure not be used as a pretext to conduct an .. exploratory search for incriminating evidence. (SE# 16). 0 ARGUMENT AND AUTHORITIES 0 It is axiomatic that persons are protec:ed from unreasonable searches and.seizures 0 through the Fourth Amendment to the United States Constitution and Art. 1, Sec. 9, of the Texas Constitution. Under these provisions, a search or seizure conducted without a warrant is pre se n unreasonable and therefore illegal under both constitutions unless the state shows proof of a valid 0 exception to the warrant requirement. The Fourth Amendment to the United States Constitution, which applies to states through the due process clause of the Fourteenth Amendment, governs all [] searches and seizures conducted by government agents. Al1 evidence obtained by searches and 0 seizures in violation ofU.S. Const. amend IV is, by that same authority, inadmissible in a state court. 5'e(;. U.S. CONST. amend. iV & XIV: 1Hopp v. Ohio,
367 U.S. 643(1961). The statutory . - ~- lJ . exclusionary rule in Texas encompasses any evidence obtained by an officer in violation qf any [J 19 0 ] ] law. TEX. CODE CRIM. PRO. ANN. Art. 38.23(a). l · A search is a governmental invasion of aperson's privacy. OLJ.ver v. U.S.,
466 U.S. 170, 177-178 (1984). A property seizure occurs when a governmental intrusion meaningfully. For ] Fomth Amendment purposes, any stop of a vehicle is a seizure and must be reasonable to be J lawful. Davis .... v. State,
947 S.W.2d 240, 243 (Tex. Crim. App. 1997) . Unless the law enforcement officer has a valid .reasonable suspicion to believe that an J individual is violating the law, a temporary detention is unlawful Balentine V. State,
71 S.W.3d 763(Tex. Crim. App. 2002). Reasonable suspicion only exists where the officer has specific articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably suspect a particular person will soon be, or has been engaged in criminal activity. Garcia v. State,
43 S.W.3d 527(Tex. Crim. App. 2001); State v. Rudd,
255 S.W.3d 293,299 (Tex. App.- Waco 2008, pet ref d.); Woods v. State,
956 S.W.2d 33(Tex. Crim. App. 1997). Confidential Informant tip alone is not sufficient to justifY stop The theory that the law enforcement officers had a legitimate reasonable suspicion to stop the vehicle based solely on the tip from the confidential informant that Appellant was driving a vehicle of that description is not valid. While probable cause is not for required for a brief stop or ~- ··--------- detention, reasonable suspicion is. United States v. Muniz-Melchor,
894 F.2d 1430, 1438 (5th Cir. [Tex.] 1990). The facts at issue in this case are similar to those under consideration by the Court of Criminal Appeals in Rojas v. State,
797 S.W.2d 41,43-44 (Tex. Crim. App. 1990) where it was held that an anonymous tip not sufficient when it merely described vehicle and stated that contraband would be found inside it but provided no facts· confirming accuracy oftip. . ' An anonymous tip that a particular vehicle would be at a particular location is not 20 n [] reasonable suspicion. A tip that a certain vehicle would be traveling on a certain roadway at a 0 certain time does not provide sufficient factual basis to confirm credibility of the tip. Gilmer v. State, No. 06-09-00233-CR (TX APP-Texarkana-811211 0). 0 In the instant case, the informant was known by Investigator Ledesma and believed by 0 llliP- to be truthful and reliable. However, Investigat01:Ledesma not only failed to provide any specific situation where the informant had been proved so, he admitted that the informant 0 provided him no information other than that Appellant would be in such a vehicle. In addition, 0 Investigator Ledesma decline to identify the informant, denying Ap~lant the oppor:_tunity to explore the basis of Iuvestigator Ledesma's opinion. And, while Ledesma testified that he did 0 check and confirm that Appellant and Ms. Campbell had active warrants he did not run the [J license tag of the vehicle in question before the officers stopped the vehi~ie. The manner of the stop, with upward of six law enforcement vehicles converging on the vehicle and officers 0 approaching with weapons drawn, makes the stop even more intrusive and problematic. [1 The U.S. Fifth Circuit Court of Appeals, when confronted with a similar question 0 determined that the trial court reversibly erred in denying defendant's motion to suppress the firearms that formed the basis for his felon-in-possession conviction. The Court found that the 0 defendant's Fourth Amendment rights were violated when the police conducted a stop of his vehicle for purposes of investigating another crime; the tip of an informant as to whom the D government failed to adduce any evidence of his reliability, credibility, or past track record did 0 not supply reasonable suspicion for a stop where the only information corroborated from the tip 0 was innocent information as to defendant's identity and location. UYJ.ijed States v. Martine>,
486 S.W.3d 855(5th Cir. 2007). In this case, while there was testimony ofreliability, there was 0 absolutely - w corroboration of the tip. 0 21 j ',1 LJ ] J As held by the Third Court of Appeals, a known informant's tip is not reasonable suspicion when law enforcement fails to corroborate the tip. In that case, the manager of a J restaurant contacted police about a person who was asleep in the fast food lane. However, when ] the police arrived the person was awake and appeared normaL The evidence of the DWT arrest was suppressed because the informant's tip was not corroborated and, therefore, reasonable J suspicion based on the officer's observations alone did not exits. Tex.Es v. Griffey, 241 S.W.3d J 700 (Tex. App.-Austin 2007). J Once it is established that the initial stop of the vehicle was not warranted, the discovery of Appellant in the vehicle and the execution of the arrest warrant does not cure the taint of the J initial invalid stop. If_it is established that the search or seizure was illegal, then not only is any evidence obtained thereby inadmissible, but any evidence discovered as the result or exploitation of that primary illegality is as well inadmissible as "fruit of the poisonous tree". Wo!!f{ Sun v. J US,371 U.S. 471,
83 S. Ct. 407,
9 L. Ed. 2d 441(1963). Even were this Court to find that the officers acted properly in stopping the vehicle, the search of the vehicle that followed cannot be justified. The only theory offered by the State in support of the warrantless search of the vehicle was that it was an inventory search, and that rationale falls for two reasons. An inventory search of a vehicle is warranted only when the driver is arrested and·no other person is available to drive the vehicle or "no other alternatives are available other than impoundment to insure the protecti1m of the vehicle." South Dakota v. Opperman,
428 U.S. 364,
96 S. Ct. 3092,
49 L. Ed. 2d 1000(1976); Evers v. State,
576 S.W.2d 46(Tex. Crim. App. 1978); Christian v. State,
592 S.W.2d 625(Tex. Crim. App: 1980); Gill v. State,
625 S.W.2d 307(Tex. Crirr... App. 1981).fi~ the instant case, the vehicle was not owned by-· Appellant but by his father Kenneth Greer. According to Investigator Terry, he will on occasion 22 0 n call a family member to come retrieve a car when the driver is being arrested. The fact that the 0 car was actually owned by Kenneth Greer would seem all the more reason to contact him. Clearly, the intent of law enforcement in not doing so was to justify an investigatory search as an n inventory search. __: 0 Furthermore, the inventory search was not conducted in compliance with the guidelines and procedures dictated by the Brazos County Sheriff's Department, which require the officer to D list every item of property on the inventory form. The inventory form did not include the firearm, D the bullet found in the jeans,- and did not specify the items of clothing - found, such as the jeans · and the jacket. _i _ 0 A true inventory search of an automobile occurring outside the legal concepts of probable 0 cause or a search incident to valid arrest, is just that and nothing more. It means that, using a standard inventory form prepared pursuant to standard police procedure, a police officer or his 0 agent lawfully inventories the contents of a lawfully impounded motor vehicle. Daniels v. State, 0
600 S.W.2d 813(Tex. Crim. App. 1980); Benavides v. State,
600 S.W.2d 809(Tex. Crim. App. 1980); Gill v. State,
625 S.W.2d 307(Tex. Crim. App. 1981). 0 The Supreme Court has insisted that there be a real policy or regulation and that same be 0 directed at producing an inventory, not an exploratory criminal investigation: 0 The policy or practice governing inventory searches should be designed to produce an inventory. The individual officer must not be allowed so much latitude that inventory searches are turned into 'a purposeful and general means of discovering evidence of crime' ... " Florida v. Wells, 495
0 U.S. 1,
109 L. Ed. 2d 1,
110 S. Ct. 1632(1990) 0 In the insist case, while there was a specific poli~y in effect that was designed at producing an inventory, the policy was not followed and, therefore, the search is not justified as 0 an inventory search. The trial court erred and abused its discretion in denying the Motion to u 23 [J 0 D Suppress. The firearm seized from the vehicle was the result of an illegal stop and an illegal 0 search and should have been suppressed. D POINT OF ERROR NUMBER FOUR 0 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL 0 DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE D SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH 0 Appellant urges this Point of Error only in the event that the Court determines that the complaints presented in Points of Error Two and Three were not preserved for review. Appellant 0 incorporates here the facts and legal authority set out in Points of Error Two and Three. 0 Appellant has an absolute right to effective assistance of counsel at trial. U.S. CONST. VI & XIV; Powell v. Alabama, 287 U.S. (1932). Counsel must act within a range of competence 0 demanded of counsel.in criminal cases. McMann v. Richardson,
397 U.S. 759(1970) 0 Trial counsel's failure to present the Motions to Supress filed prior to .trial and discussed 0 pre-trial constitutes deficient performance. The applicable standard is Strickland v. Washington,
466 U.S. 668(1984): [] As held by the United States Supreme Court, in Strickland v. Washington: 0 The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. 0 Strickland v. Washington 104 S.Ct. at 2064. The Strickland stand~rd applies to a claim of ineffective assistance of counsel arising 0 under article I, § 10 of the Texas Constitution and under the Sixth Amendment to the U.S. [J 24 0 I I I .I 0 0 Constitution. Hernandez v. State,
726 S.W.2d 53(Tex. Crim. App. 1986). 0 The Court of Criminal Appeals of Texas, stated that: Under Strickland there are two tests a defendant who seeks relief must meet: 'First, the defendant B must show that counsel's performance was deficient.. .. Second, the defendant must show that the deficient performance prejudiced the defense. 0 And, in elaborating on the second prong, the Court said: The defendant must show that there is a reasonable probability that, but for counsel's 0 unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Butler v. State,
716 S.W.2d 48, 54. The effectiver;ess of counsel is ordinarily gauged by the totality of the representation, but 0 a single error, if sufficiently egregious, can constitute ineffective assistance. Ex parte Felton,
815 S.W.2d 733(Tex. Crim. App. 1991). An Appellate Court does not inquire into trial strategy 0 unless no possible basis in trial strategy or tactics exists, Weeks v. State,
894 S.W.2d 390, 391 0 (Tex.App.-Dallas 1994, no pet.). This is such a case. Trail counsel was clearly aware of the pivotal role the suppression D issue had to the outcome of the case. Considering the totality of the circumstances, trial counsel's 0 performance was outside the range of professionally competent assistance. His actions were not 0 the result of reasonable professional judgment. There is no rational trial strategy that would warrant failing to present the suppression motion or obj..::cting to the admission of the firearm. 0 The fact that trial counsel did finally urge his motion underscores that his failure to do so timely 0 was not a strategy. Appellant's conviction should be reversed and he should be granted a new trial. 0 25 TI 0 POINT OF ERROR NUMBER FIVE 0 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401, 403, A 0 STATEMENT MADE BY APPELLANT 0 Prior to the commencement of the trial, the State made known to the Court their intention 0 of eliciting the testimony ofLakesh McKinney, a Brazos County Sheriff's Department jailer, who claimed that he confronted Appellant about a rule infraction and Appellant replied "I don't D follow rules. I'm in here for not following the rules; and. so, I'm not going to start now." 0 .Appellant objected on the basis of relevance and argued that it should be kept out under Texas Rule of Evidence 403, as the prejudicial effect substantially outweighed the probative value of D the alleged statement~ The Court overruled the objection and Deputy McKinney testified as to 0 Appellant's alleged statement before the jury. (R.R Vol. IV, 9-15, 96-97). ARGUMENT AND AUTHORITIES 0 Evidence is "relevant" if it has "any tel1dency to make the existence of any f~tct that is of 0 consequence to the determination of the action more probable or less probable than it would be without the evidence." TEX. R. EVID. 401 Relevancy is "predicated on a subjective relationship 0 between the proffered evidence and a fact that is of consequence to the determination of the D action. Carter v. S'tate.
851 S.W.2d 390, 391 (Tex. App. ·- Fort Worth 1()93. pet ref' d.) Evidence that is not relevant is not admissible. 'fEX. R. Evid. 402. 0 Even if this Court determines that the statement was relevant, its prejudicial effect 0 substantially outweighed any probative value. and it therefore should not have been admitted into evidence. TEX. R. EVID. 403. The effect upon the jury would clearly be to convey to them 0 that 1) Appellant was guilty of some other wrong or in:5·action while in custody; 2) that' 0 26 0 n - f.' 0 Appellant was in custody for this or another offense; and 3) that Appellant if he was not 0 referring to the charged offense, was a criminal generally. Unfair prejudice means the tendency of the evidence "to prove some adverse fact not properly in issue or unfairly to excite emotions 0 against the defendant." Afontgomery v. State,
810 S.W.2d 372, 387 (Tex. Crim. App. 1990) (op. 0 on rch' g). ·rhcrefore, :'\ppellant' s objection to the evidence should have been sustained. Failure to do so was error. 0 Upon determining that the admission of evidence was erroneous in a case where the en·or 0 wan non-constitutional, as here, the appellate court should then consider whether admission of the evidence was hannful. ·rhe error in admission will be disregarded error in admission if it did Q, not affect Appellant's subst
953 S.W.2d 266 , 271 (Tex. Crim. App. 1997). The conviction will not be D reversed for non-con3titutional error if, after ex<:m1ining the record as a whole, the Court has a D fair assurance the error "did not ini1uence the jury, or hhd but a slight effect." Morales v. State,
32 S.W.3d 862. 867 (Tex. Crim. App. 2000). If the Court does not have fair assurance that the 0 judgment was not substantially S\vayed by the error, it is impossible to conclude that substantial ·o rights were not atiected and the conviction must be reversed. Carter, 145 S. W.3cl at 710 . .!0 In the instant case, by the very nature of the charge itselC the jury was already apprised of the f~1ct that Appellant had previously been convicted of a felony. To add to that testimony 0 complained of certainly had a strong negativf: impact on the view of Appellant by the jury. It is 0 certainlv " Iikelv.: that it could be the verv"' thing._. that caused them to convict on the basis of evidence that was far from overwhelming. Jurors \VOuld very likely be swayed by the evidence of 0 complained of that Appellant was simply a bad guy and, therefore, jurors would be naturaLly 0 27 0 n t ....! n inclined to infer guilfon the charged ofiense. See Carter, 145 S.W.3d at 710. For that reason, [] Appellant's conviction should be reversed. 0 , PRAYER n WHERFORE, PREMISES CONSIDERED, Appellant, David Duane Greer, prays that based upon the argument and authorities herein, this Honorable Court reverse the judgment and D set aside Appellant's conviction. 0 Respectfully submitted, 0 MARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 0 Tel: (979) 277-0757 Fax: (979. 277-0030 0 By:==========F========== Mary Hennes 0 State Bar No. 09472300 Attorney for David Duane Greer 0 CERTIFICATE OF SERVICE 0 This is to certify that on July 27, 2013, a true and correct copy of the above and foregoing . ' . .0 document was served on the Brazos County District Attorney's Office, by U.S. Mail. 0 0 0 D 28 o·
Document Info
Docket Number： WR-41,864-02
Filed Date： 11/30/2015
Precedential Status： Precedential
Modified Date： 4/17/2021