Anderson, Rodney Young ( 2015 )

WR-82,828-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/11/2015 11:16:22 AM
Accepted 6/11/2015 1:44:28 PM
ABEL ACOSTA
NO. WR-82,828-01 CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
RECEIVED
AT AUSTIN, TEXAS COURT OF CRIMINAL APPEALS
6/11/2015
ABEL ACOSTA, CLERK
EX PARTE
RODNEY YOUNG ANDERSON,
Applicant
STATE’S RESPONSE TO APPLICANT’S “MOTION TO
EXTEND TIME TO CONTINUE WRIT HEARING AND
COMPLY WITH ORDER ISSUED ON MARCH 25, 2015”
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district
attorney, and respectfully moves the Court to deny the applicant’s motion to extend
the time limits for compliance with the Court’s order of March 25, 2015, on
grounds that the applicant has embarked upon a monumental fishing expedition
and squandered his opportunity to elicit evidence regarding the specific issues
designated by this Court for resolution. The State would respectfully show the
Court the following:
I.
The applicant intends to serially amend his application for a writ of habeas
corpus in order to prolong these proceedings until he can find a ground for relief
that is not frivolous.
The applicant filed his original application on November 4, 2014, and the
trial court signed findings of fact and conclusions of law and recommended that
relief be denied on November 26, 2014. Before this Court had an opportunity to
rule on the original application, the applicant filed his first amended writ
application on January 23, 2015, asserting what appear to be objectively frivolous
claims of failure to disclose exculpatory evidence, and thereby requiring a remand
to the trial court for resolution of the newly raised issues.
This Court issued an order on March 25, 2015, remanding the case to the
district court for resolution of two specific claims of Brady violations. The order
also included an ambiguous statement that the “trial court shall also make findings
of fact regarding whether the prosecutor improperly suppressed evidence in this
cause.”
Upon remand, the applicant issued a vast quantity of subpoenas duces tecum
to every law enforcement agency tangentially involved in the case, including the
United States Department of Immigrations and Customs Enforcement and the
2
Conroe Independent School District police department. Copies of some of those
subpoenas are attached as exhibits A through F.
The State moved to quash the subpoena duces tecum issued to the
Montgomery County Sheriff’s Office, which listed seventeen different categories
of information to be produced, on grounds that the subpoena was unduly
burdensome and called for production of a vast quantity of information that could
not possibly be material to the specific issues designated by this Court for
resolution. In arguing that the motion to quash should be overruled, the applicant
asserted a right to determine whether the government improperly suppressed any
evidence relating to the case, under the terms of this Court’s remand order, and
stated the applicant was entitled to amend his writ application again at any time
prior to this Court’s ruling on the amended application.
II.
The trial court conducted a lengthy evidentiary hearing in this case on May
27, 2015. The applicant called as a witness his former trial counsel, Mr. Chris-
topher Tritico, who had not been provided with access to his file for the case and
ultimately conceded that he lacked any independent recollection of whether he
enjoyed pretrial access to any particular witness statements or police offense report
supplements.
3
Although the applicant’s other trial counsel, Ms. Andrea Kolski, was present
for the hearing and waited hours to testify, the applicant chose not to call her as a
witness and instead elicited testimony from various business records custodians
and civilian eyewitnesses who lacked any knowledge of the pretrial discovery
conducted by the applicant. The applicant thus squandered the time made avail-
able to him by the district court in order to commence a generalized inquest into
the validity of the judgment of conviction, on the stated premise that an article
11.07 writ application can be amended at any time prior to a ruling by this Court.
III.
Counsel for the applicant has not made a diligent effort to address the
specific issues designated by this Court for resolution in its order of March 25,
2015, and further expansion of the time permitted to conduct his global inquest
into the validity of the judgment of conviction is not appropriate.
4
THEREFORE, the State respectfully requests that the Court deny the
applicant’s motion for extension of the time limits set out in its order of March 25,
2015. In the alternative, the State requests that the Court clarify its order of March
25, 2015, with regard to whether the district court is required to permit a general-
ized investigation of whether any law enforcement agency failed to disclose any
exculpatory evidence to the applicant at the time of trial.
Respectfully submitted,
BRETT W. LIGON
District Attorney
Montgomery County, Texas
/s/ William J. Delmore III
WILLIAM J. DELMORE III
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 05732400
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
E-mail: bill.delmore@mctx.org
5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing response is
being served by electronic mail upon counsel for the applicant on the date of the
submission of the original to the Clerk of this Court.
/s/ William J. Delmore III
WILLIAM J. DELMORE III
Assistant District Attorney
Montgomery County, Texas
APPENDIX A
12
THE
SUBPOENA DUCES TECUM
STATE OF TEXAS VS. RODNEY YOUNG ANDERSON
Cause No. 09-07-07255-CR
TO ANY PEACE OFFICER OF THE STATE OF TEXAS, OR ANY PERSON AT
LEAST 18 YEARS OLD AND NOT A PARTICIPANT IN THE PROCEEDINGS -
GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON
MONTGOMERY COUNTY SHERIFF'S DEPARTMENT
CUSTODIAN OF RECORDS
to be and pers·onally appear at 10 :.00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery County, Texas to be held within and for said County at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now·pending in said Court, and there to to remain from
day to day, and from term to ·term until discharged from the Court.
Said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
documents or other tangible things to-wit:
PLEASE SEE THE ATTACHED DOCUMENT·FOR DETAILS
Please Contact CHRIS.TOPHER M, GRIFFITH at 210-229-1444 upon
request for further instructions..
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe, Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamick, District Clerk
Montgomery County, Texas
05--07·-15 11:26 IN
CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359'" JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF THE
MONTGOMERY COUNTY SHERIFF'S OFFICE
The following items are being subpoenaed Instanter:
"All records, in electronic or paper form, regarding the investigatipn, arrest, case,
trial, and post trial of Anderson, Rodney Young (DOB February 6, 1978) and
Sherber, Timothy Wayne (DOB March 7, 1980) and Special Investigations Unit (SIU)
shooting occurring February 11, 2008 at the Kroger Shopping Center, 200 Block of
South Loop 336 at Interstate 45 SB in Conroe, Texas; including records for
Montgomery County Sheriffs Office (MCSO) Case No. 08A002534, MCSO Incident
No. G080039463, Trial Court No. XX-XXXXXXX·CR, or DA File No. 08-000784.1.
Additionally, regarding the above incident,
1. all reports and statements made by Montgomery County Sheriff's Office (MCSO)
personnel
2. all MCSO SIU reports; all witness statements, voluntary statements, or field
witness statements whether in reports or notes regarding the above incident
whether made on February 11, 2008, February 12, 2008, or a later date and whether
made by MCSO or other agencies participating with the SIU
3. all witness statements taken by Capt. B. Zenor
4. all crime scene logs
5. chain of custody for all evidence
6. all lab reports and communications with the lab or lab personnel regarding all
evidence, .including but not limited to all alleged narcotics, shell casings, projectiles,
and narcotics field test kits
7. all photographs, in color, of the scene and evidence, including but not limited to
those made by CS! and SIU or SIU affiliated personnel and Texas Rangers
8. tbe compact disc of photographs taken by Det. R. Pickering
9. all recorded interviews
10. all records or recordings of telephone or cellular phone conversations, text
· messages, and social media messages of Rodney Anderson, Tim Sherber, Jeffrey
Harmon, .and MCSO or SIU personnel regarding the above incident
11. recording of a walkthrough with Stewart Hightower
12. all records of agreements with confidential informants, including but not limited
to Jeffrey Paul Harmon, and all communications with said persons
13. all video and audio recording of the incident, including those on the recording
devices in unmarked vehicles utilized by SIU and SIU affiliated personnel, the 2002
Chevrolet Impala marked patrol vehicle driven by James Kellum, devices worn or
carried by SIU personnel and confidential informants
14. all communications between MCSO or SIU· personnel and the Montgomery
County District Attorney's Office regarding witnesses, confidential informants, and
evidence, including but not limited to narcotics evidence
15. all 911 calls and dispatch logs
16. all records and documents regarding the operational plans for this SIU
operation, authorization for the plan, chain of command, and post execution meeting
17. the disciplinary and internal affairs files for all MCSO personnel involved in the
above incident, including: Glisson, James H; Cash, Phillip G; Womack, David E;
McDaniel, William R; Bagwell, Brian E; Ballard, Billy; Pickering, Ronald; Likens,
Donald W; Kellum, James "Buddy"; CS! McAnarney, Caryn; CS! McCauley, L; CSJ
DeWeerd, Darla R; Zenor, Bruce; Salazar, R; Hall, Damon; Anderson, Rick; Bucks,
William; Terrell, Audrey; Salazar, Randall S; Hudgens, Kenneth; Lozano, Daniel T,
who, although not an exhaustive list, were involved in the above incident.
All records to be turned over immediately to Christopher M. Griffith, attorney for
Rodney Anderson.
310 S. St. Marys
Suite 1250
San Antonio TX 78205
(210)229-1444
APPENDIXB.
10
SUBPOENA DUCES TECUM 1:,, ' ·'
THE STATE OF TEXAS VS. RODNEY YOONG ANDERSO)i1<· .'1:".'. !i -, .
Cause No. 09-07-07255-CR ::>.:::,:'.. ,· ·
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TO ANY PEACE OFFICER OF THE STATE OF TEXAS, OR lfiliM.ttJ!:J!i!!'O~lfl'il. nr.
LEAST 18 YEARS OLD AND NOT A PARTICIPANT IN THE PROCEri:btkGB -
GREETING: r.)c•v ~· 1 __
' .
YOU ARE HEREBY COMMANDED TO SUMMON t.;: UfY ··
CONROE POLICE DEPARTMENT
CUSTODIAN OF RECORDS
to be and personally appear at 10:00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery county, Texas to be held within and for said County at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now pending in said Court, and there to to remain from
day to day, and from term to term until discharged from the Court.
Said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
·documents or other tangible things to-wit:
PLEASE SEE THE ATTACHED DOCUMENT FOR DETAILS
Please Contact CHRISTOPHER M. GRIFFITH at 210-229-1444 upon
request for further instructions.
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe, Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamick, District Clerk
Montgomery County, Texas
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CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359•• JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF THE
CONROE POLICE DEPARTMENT
The following items are being subpoenaed Instanter:
"The case file kept by Conroe Police Department (CPD), in electronic or paper form,
regarding the investigation, arrest, case, trial, and post trial of Anderson, Rodney
Young (DOB February 6, 1978) and Sherber, Timothy Wayne (DOB March 7, 1980)
and Special Investigations Unit (SIU) shooting occurring February 11, 2008 at the
Kroger Shopping Center, 200 Block of South Loop 336 at Interstate 45 SB in Conroe,
Texas, including records produced by the CPD for Montgomery County Sherifrs
Office (MCSO) Case No. 08A002534, MCSO Incident No. G080039463, Trial Court No.
09-0707255-CR, or DA File No. 08-000784.1. Additionally, regarding the above
incident, all reports and statements made by CPD personnel; all reports made by
CPD personnel for the MCSO SIU; all witness statements, voluntary statements, or
field witness statements, whether in notes or reports, regarding the above incident
whether made on February 11, 2008, February 12, 2008, or a later date; crime scene
logs; chain of custody for all evidence, including but not limited to all alleged
narcotics, shell casings, projectiles, and narcotics field test kits; all photographs of
the scene and evidence; all recorded interviews; all records or recordings of
telephone or cellular phone conversations, text messages, and social media
messages of Rodney Anderson, Tim Sherber, Jeffrey Harmon, and CPD or SIU
personnel regarding the above incident; all records of agreements with confidential
informants, including but not limited to Jeffrey Paul Harmon, and all
communications with said persons; all video and audio recording of the incident,
including but not limited to recording devices in unmarked vehicles and devices
worn or carried by CPD personnel and confidential informants; all communications
between CPD personnel and the Montgomery County District Attorney's Office
regarding witnesses, confidential informants, or evidence, including narcotics
evidence. The disciplinary and internal affairs files of all CPD personnel, including
Key, john, involved in the above incident. Counsel understands Conroe Police
Department forms were used to obtain initial statements from witnesses on
February 11, 2008."
All records to be turned over immediately to Christopher M. Griffith, attorney for
Rodney Anderson.
310 S. St. Marys
Suite 1250
San Antonio TX 78205
(210)229-1444
APPENDIXC
' .,.. .., .
13
SUBPOENA DUCES TECUM ...
THE STATE OF TEXAS VS. RODNEY YOUNG ANDERSON,,,',i\). ·
cause No. 09-07-07255-CR 'j:;·:oi:C ,I•.
TO ANY PEACE OFFICER OF THE STATE OF TEXAS, OR ~·``aQN h1
LEAST 18 YEARS OLD AND NOT A PARTICIPANT IN '11!l!: 0!.>i!.OSElE!f.ruf31305-
GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON
TEXAS DEPARTMENT OF PUBLIC SAFETY
CUSTODIAN OF RECORDS
to be and personally appear at 10;00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery County, Texas to be held within and for said County at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now pending in said Court, and there to to remain from
day to day, and .from term to term until discharged from the Court.
Said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
docwnents or other tangible things to-wit:
PLEASE SEE THE ATTACHED DOCUMENT FOR DETAILS
Please Contact CHRISTOPHER M. GRIFFITH at 210-229-1444 upon
request for further instructions.
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe., Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamick, District Clerk
Montgomery County, Texas
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CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359'" JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF THE
TEXAS DEPARTMENT OF PUBLIC SAFETY
The following items are being subpoenaed Instanter:
"All records in Division File RA-2008-00105 regarding the investigation, arrest, case,
trial, and post trial of Anderson, Rodney Young (DOB February 6, 1978) and
Sherber, Timothy Wayne (DOB March 7, 1980) and Montgomery County Sheriffs
Office (MCSO) Special Investigations Unit (SIU) shooting occurring February 11,
2008 at the Kroger Shopping Center 200 Block of South Loop 336 at Interstate 45 SB
in Conroe, Texas, including records produced by the Texas Rangers, including but
not limited to Rangers Wende Wakeman, David Rainwater, Steven Jeter, and Bryant
Wells, for Montgomery County Sheriffs Office (MCSO] Case No. 08A002534, MCSO
Incident No. G080039463, Trial Court No. 09-0707255-CR, or DA File No. 08-
000784.1. Additionally, regarding the above incident, all reports and statements
made by the Texas Rangers; all reports made by the Texas Rangers for the MCSO
SIU; all witness statements, voluntary statements, or field witness statements,
whether in reports or notes, regarding the above incident whether made on
February 11, 2008, February 12, 2008, or a later date; crime scene logs; chain of
custody for all evidence, including but not limited to all alleged narcotics, shell
casings, projectiles, and narcotics field test kits; all photographs of the scene and
evidence; all recorded interviews; the recorded walkthrough with Stewart
Hightower; all records or recordings of telephone or cellular phone conversations,
text messages, and social media messages of Rodney Anderson, Tim Sherber, Jeffrey
Harmon, and MCSO or SIU personnel regarding the above incident; all records of
agreements with confidential informants, including but not limited to Jeffrey Paul
Harmon, and all communications with said persons; all video and audio recording of
the incident, including but not limited to recording devices in unmarked vehicles
and devices worn or carried by MCSO SIU personnel and confidential informants;
the reeorded wa!kthrough with Montgomery Police Officer Stewart Hightower; all
communications between the Texas Rangers and the Montgomery County District
Attorney's Office regarding witnesses, confidential informants, and evidence,
including narcotics evidence."
APPENDIXD
14
THE
SUBPOENA DUCES TECUM
STATE OF.TEXAS VS. RODNEY YOUNG ANDERSON ;p
Cause No. 09-07-07255-CR 'f'".
TO ANY PEACE OFFICER OF THE STATE OF TEXAS, OR All{lCtl':W!.$~.N AT
LEAST 18 YEARS OLD AND NOT A PARTICIPANT IN THJ!!Uf'\l'.lj_lJdtt!:DfltQil 04-
GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON
IMMIGRATION AND CUSTOMS ENFORCEMENT
CUSTODIAN OF RECORDS
to be and personally appear at 10:00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery County, Texas to be held within and for said county at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now pending in said Court, and there to to remain from
day to day, and from term to term until discharged from the Court.
said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
documents or other tangible things to-wit:
PLEASE SEE THE ATTACHED DOCUMENT FOR DETAILS
Please Contact CHRISTOPHER M. GRIFFITH at 210-229-1444 upon
request for further instructions.
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe, Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamick, District Clerk
Montgomery County, Texas
By ~u,~ma..,
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CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359•• JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF
IMMIGRATION AND CUSTOMS ENFORCEMENT
The following items are being subpoenaed Instanter:
"All records regarding arrests of Anderson, Rodney Young (DOB February 6, 1978)
and Sherber, Timothy Wayne (DOB March 7, 1980) and Montgomery County
Sheriffs Office (MCSO) Special Investigations Unit (SIU) shooting occurring
February 11, 2008 at the Kroger Shopping Center, 200 Block of South Loop 336 at
Interstate 45 SB in Conroe, Texas, including records produced by Immigration and
Customs Enforcement (ICE) personnel, Including but not limited to Agent Marco
Salterelli, for Montgomery County Sheriff's Office (MCSO) Case No. 08A002534,
MCSO Incident No. G080039463, Trial Court No. 09-0707255-CR, or DA File No. 08-
000784.1. Additionally, regarding the above incident, all reports and statements
made by ICE personnel; all reports made by ICE personnel for the MCSO SIU; all
witness statements, voluntary statements, or field witness statements, whether in
notes or reports, regarding the above incident whether made on FebruafY 11, 2008,
FebruafY 12, 2008, or a later date; crime scene logs; chain of custody for all
evidence, including but not limited to all alleged narcotics, shell casings, projectiles,
and narcotics field test kits; all photographs of the scene and evidence; all recorded
interviews; all recorded interviews; all records or recordings of telephone or
cellular phone conversations, text messages, and social media messages of Rodney
Anderson, Tim Sherber, Jeffrey Harmon, and ICE personnel regarding the above
incident;· all records of agreements with confidential informants, including but not
limited to Jeffrey Paul Harmon, all communications with said persons; all video and
audio recording of the incident, including but not limited to recording devices in
unmarked vehicles and devices worn or carried by ICE personnel and confidential
informants; all communications between ICE personnel and the Montgomery
County District Attorney's Office regarding witnesses, confidential informants, or
evidence, including narcotics evidence."
All records to be turned over immediately to Christopher M. Griffith, attorney for
Rodney Anderson.
• Jf' .....
3 IO S. St. Marys
Suite 1250
San Antonio TX 78205
(210)229•l444
............. ------------``-
APPENDIXE
11
THE
SUBPOENA DUCES TECUM
STATE OF TEXAS VS. RODNEY YOUNG ANDERSON
Cause No. 09-07-07255-CR
TO ANY PEACE OFFICER
LEAST 18 YEARS OLD AND
GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON
CONROE ISD POLICE DEPARTMENT
CUSTODIAN OF RECORDS
to be and personally appear at 10:00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery County, Texas to be held within and for said County at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now pending in said Court, and there to to remain from
day to day, and from term to term until discharged from the court.
Said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
documents or other tangible things to-wit;
PLEASE SEE THE ATTACHED DOCUMENT FOR DETAILS
Please Contact CHRISTOPHER M. GRIFFITH at 210-229-1444 upon
request for further instructions.
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe, Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamiak, District Clerk
Montgomery county, Texas
Cl
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CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359" JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF THE
CONROE ISO POLICE DEPARTMENT
The following items are being subpoenaed Instanter:
"The case file kept by Conroe !SD Police Department (CISDPD), in electronic or
paper form,regarding the investigation, arrest, case, trial, and post trial of
Anderson, Rodney Young (DOB February 6, 1978) and Sherber, Timothy Wayne
(DOB March 7, 1980) and Special Investigations Unit (SIU) shooting occurring
February 11, 2008 at the Kroger Shopping Center, 200 Block of South Loop 336 at
Interstate 45 SB in Conroe, Texas, including records produced by Conroe !SD Police
Department personnel for Montgomery County Sheriff's Office (MCSO) Case No.
08A002534, MCSO Incident No. G080039463, Trial Court No. 09-0707255-CR, or DA
File No. 08·000784.1. Additionally, regarding the above incident, all reports and
statements made by CISDPD personnel; all reports made by CISDPD personnel for
the MCSO SIU; all witness statements, voluntary statements, or field witness
statements, whether in reports or notes, regarding the above incident whether
made on February 11, 2008, February 12, 2008, or a later date; crime scene logs; all
reports, documents, and recordings made for the Texas Rangers; chain of custody
for all evidence, including but not limited to all alleged narcotics, shell casings,
projectiles, and narcotics field test kits; all photographs of the scene and evidence;
all recorded interviews; all records or recordings of telephone or cellular phone
conversations, text messages, and social media messages of Rodney Anderson, Tim
Sherber, Jeffrey Harmon, and CJSDPD or SIU personnel regarding the above
incident; all records of agreements with confidential informants, including but not
limited to Jeffrey Paul Harmon, and all communications with such persons; all video
and audio recording of the incident, including but not limited to recording devices in
unmarked vehicles and devices worn or carried by Cl SD PD personnel and
confidential informants; all communications between CISDPD personnel and the
Montgomery County District Attorney's Office regarding witnesses, confidential
informants, or evidence, including narcotics evidence; all 911 calls and dispatch
logs. The disciplinary and internal affairs files of the C!SDPD personnel, including
Jeff Laurent, who were involved in the above incident."
All records to be turned over immediately to Christopher M. Griffith, attorney for
Rodney Anderson.
310 S. St. Marys
Suite 1250
San Antonio TX 78205
(210)229-1444
APPENDIXF
SUBPOENA DUCES TECUM': ·.; ,,· .,
THE STATE OF TEXAS VS. RODNEY YOUNG ANDERSON:';°. i.. ·
Cause No. 09-07-07255-CR
TO ANY PEACE OFFICER OF THE STATE OF TEXAS, oi01LWYJiR_smi 9A_flli
````iri~: YEARS OLD AND NOT A PARTICIPANT I1~r'-T-~E !ROCg:.:NGf
YOU ARE HEREBY COMMANDED TO SUMMON ~ -#. .
MONTGOMERY POLICE DEPARTMENT
CUSTODIAN OF RECORDS
to be and personally appear at 10:00 AM on the 27th day of MAY,
2015 before the Honorable 359TH Judicial District Court of
Montgomery County, Texas to be held within and for said County at the
Court House thereof, in Conroe, Texas then and there to testify and
the truth to speak on behalf of the Defendant in the above and
numbered cause, now pending in said Court, and there to to remain from
day to day, and from term to term until discharged from the Court.
Said above named witness is further commanded to produce at
said time and place above set forth the following books, papers,
documents or other tangible things to-wit:
PLEASE SEE THE ATTACHED DOCUMENT FOR DETAILS
Please Contact CHRISTOPHER M. GRIFFITH at 210-229-1444 upon
request for further instructions.
HEREIN FAIL NOT, but of this Writ make due return,
showing how you have executed the same.
WITNESS my official signature, at Conroe, Texas on the
6th day of MAY, 2015.
Barbara Gladden Adamick, District Clerk
Montgomery County, Texas
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CAUSE NO. WR-82.828-01
EXPARTE § IN THE 359" JUDICIAL
§
RODNEY YOUNG ANDERSON § DISTRICT COURT
§
§ MONTGOMERY
§
§ COUNTY, TEXAS
ATTACHMENT FOR APPLICANT'S SUBPOENA INSTANTER OF THE
MONTGOMERY POLICE DEPARTMENT
The following items are being subpoenaed Instanter:
"The case file kept by Montgomery Police Department (MPD), in electronic or paper
form, regarding the investigation, arrest, case, trial, and post trial of Anderson,
Rodney Young (DOB February 6, 1978) and Sherber, Timothy Wayne (DOB March 7,
1980) and Special Investigations Unit (SIU] shooting occurring February 11, 2008 at
the Kroger Shopping Center, 200 Block of South Loop 336 at Interstate 45 SB in
Conroe, Texas, including records produced by the MPD for Montgomery County
Sheriffs Office (MCSO) Case No, 08A002534, MCSO Incident No. G080039463, Trial
Court No. 09-0707255-CR, or DA File No. 08-000784.1. Additionally, regarding the
above incident, all reports and statements made by MPD personnel; all reports
made by MPD personnel for the MCSO SIU; all witness statements, voluntary
statements, or field witness statements, whether in notes or reports, regarding the
above incident whether made on February 11, 2008, February 12, 2008, or a later
date; crime scene logs; chain of custody for all evidence, including but not limited to
all alleged narcotics, shell casings, projectiles, and narcotics field test kits; all
photographs of the scene and evidence; all recorded interviews; all records or
recordings of telephone or cellular phone conversations, text messages, and social
media messages of Rodney Anderson, Tim Sherber, Jeffrey Harmon, and MPD or SIU
personnel regarding the above incident; all records of agreements with confidential
informants, including but not limited to Jeffrey Paul Harmon, all communications
with said persons; all video and audio recording of the incident, including but not
limited to recording devices in unmarked vehicles and devices worn or carried by
MPD personnel and confidential informants; all communications between MPD
personnel and the Montgomery Connty District Attorney's Office regarding
witnesses, confidential informants, or evidence, including narcotics evidence.
Furthermore, all records of firearms and ammunition Officer Stewart Hightower
was authorized to carry as MPD and SIU personnel between January 1, 2008 and
February 28, 2008; MPD's standard operating procedures, rules regarding, or list of
approved weapons and ammunition allowed to be carried by MPD personnel
between January 1, 2008 and February 28, 2008; MPD's standard operating
. . • ' ':I' . .
procedures for uses of force, use as in effect February 11, 2008; all reports,
documents, and results of the investigation of. The disciplinary and internal affairs
files of all MPD personnel, Including Hightower, Stewart, involved in the above
incident."
All records to be turned over immediately to Christopher M. Griffith, attorney for
Rodney Anderson.
310 S. St. Marys
Suite 1250
San Antonio TX 78205
(210)229-1444