l;?/ éé‘€‘ H>/‘/?)»Q(>} »;2» RECE\\!ED m De°‘ 26' 2014 coumor=cmm\NALAPPE/ns Ga,_,y wayne Barnes ' ' TDcJ~-ID 313314 JAN()22m5 1100 FM-655,``Ramsey Rosharon,.Texas 77583 cLERK, ABEL'ACOSTA e‘ P.o. Box 12308 cAPITIoL STATION Austin, Texas 78711 Tl:.kAS COLIRT OF CRIMINAL. APP%§ _' with a mixture from Gary Barnes and_,gs€,o¥m_e,gu_nknown___ln;_l_iyidua:``i.`` .Gary Barnes cannot be_exclude.d as a contributor to the stain at the loci D881'179,'_D3813``58, THO1,'D13S317, D168539, D1984'33, vWA, 4 \ TP_OX, Ameiogenin,’D58_818, andF_GA. At these ioci, the probability of selecting.an unrelated person at``- randomth could be a'contributor to the sperm fraction of the vaginal smear slide is approximately 1 in 5.679 million for Caucasians, 1.in 6.789 million for Blacks, and '1 in 1``.038 million for l-lispanics. The`` approximate world population is 6.5 billion. The partial DNA profile from the epitheiiai cell fraction of the first vaginal smear slide (item 3-1) is consistent"with some unknown femaie. _ - ~ The partiai_DNA profile from the‘action of the second vaginal smearsiid_e (item 3-2)_is consistent with a mixture from Gary Barnes and so"me unknown individual Gary Barnes cannot be excluded as a contributor to the stain at the loci D881179, D21S11, D73820``, D3S1358, T_HO1, D138317, D1QS433, vVVA, TF’OX, D18851, Ame|ogenin, D58818, and FGA. At these locl, the probability of selecting an unrelated person at random who could be a contributor to the sperm fraction of the vaginal smear slide is approximately 1 in 30.84 million for Caucasians, 1 in 46.15 million for Biacks, and l1 in 7.358 million fort Hispanlcs. The partial DNA profile from the epitheiiai cell fraction of the second_vaginai smear slide (item 3-2) is consistent with the same unknown female ' The partial DNA profile from the sperm fraction of the third vaginal smear slide (item 3-3) is consistent with a mixture from Gary Barnes and some unknownindividual. Gary Barnes cannot be excluded as a contributor to the stain at the loci 0381358,' 'D138317, D1QS433, and Amelogenin. At these loci, the probability of selecting an unrelated person at random who could be a contributor to the sperm fraction of the vaginal smear slide is approximately 1 in 92 for Caucasians,'i in 79 for Biacks, and 1 in 74 for l. Hispanics. . , _ The partial DNA profile from the epitheiiai cell fraction of the third vaginal smear slide (item 3-3) is consistent with the same unknown femaie. ~ The partial DNA profiles from the sperm and epitheiiai cell fractions of the final vaginal smear slide (item 4)'1is consistent some other female Gary Barnes is excluded esa contributes t~:) the sperm and epitheiiai `` cell fractions of the vag1nal smear slide. - The four vaginal smear slides (items 3-1, 3-2, 3-3, and 4) were depleted during analysis The remaining DNA extracts and the remaining samples of the buccal swabs fro'mGary,Barnes (items~1 and 2) will be stored frozen to preserve the biological constituents For comparison purposes, please submit known specimens from the victims. Contact the laboratory for instructions on the proper collection method for additional evidence. `` ‘ / We are unable to retain this evidence. Piease make arrangements to pick it up at your earliest convenience 0 Te 1 J mes 1chols ' P' rensic Scientist xas DPS Garland- Laboratory Page 2 of``z ' 05/13/09 A Vn =033 ._.mX>m Um?>D._._ ,_um._. wOD>._.OD :m_ :~o_x 932 >_sm_. 333 _HQ> _33 § m»_, 1542)1. Bué¢al '~' '¢ -' -' _STRSystem"~'" "_*'_‘swa'b'from'G'a'ry“_ ‘ - ' Barnes Amelogenin XY 1 .D3$1358 15,16 ' vWA 15',17 FGA 21,2'2 D881179 10,13 D21811 28,30 DlSSSl - 15,16 _ D``SSSIS 11,1_3 - Dl38317 11,12 D75820 10,10 D16853_9 9-,12 ' 'THOI 7,7 TPOX 8,8 CSFlPO ll,12 CONCLUSIONS: f¢£»aeo F/Lé' weitz/loe [.. S/>\/J:/ M/HC»L( W’T;/ 7#/ ' 'TE§T//\JQ Inasmuch as no DNA profile was obtained from sample KZTI (swabbing of vaginal smear), no comparisons or conclusions will be made regarding this Sample. DISPOSITION OF EVIDENCE: Unusedv portions of the following samples have been stored, and are available for future testing: KZTl and (08P1542_) l. Unused portions of DNA extracts of the following samples have been stored, and_are available for future testing: KZTl (epithelia.l and sperm cell fractions)' and s * (081>1'542)1. Analyst lnitials`` §§ `` - cc: Amy Murphy; Dallas County District Attorney’s Office, EXHIBIT c Page 3 of3 . » FL#80P2971 April 8, 2009 ADDITIONAL`` COMMENTS: ln the event additional analysis is required, please notify the laboratory as soon as possible ' Courtney``Ferreira »F_orensic Biologist ll Direct Line:_ 214-920-,5841 ' FAX: 214-920-5813_l E'-mail: cferreira@dallascounty.org Appel_late Division Analyst lnitials §§ EXHIBIT D 3 .~ ‘ v fn cD Mar 27, 2014 . Gary Wayne Barnes ‘ ’``*~ TDcJ-ID #31831423|1¢APR °3 PH 3=25 1100 FM 655, Rams駧i§'",»_ gjiii_}e(us wm 1 =»:: rem ' Rosharon . Texa "`` - UFPUT¥ 77583 `` Gary Fitzsimmons Distriot Clerk Frank Crowley Courts Bldg- 133 N. Riverfront Blvd, LB 12 ' `` Dallas Texas 75207 4313 Dear Clerk: Enclosed plaese _find for filing with the Criminal District Court number Three- a MOTION FOR APPOINTHENT OF‘INVESTIGTOR,' Please file the same with the court and return a filed copy to the'applicant: ,f Thank you in advance for your consideration in this above mentioned request; Reseect£ully Submitted cause Numbers F-31-1105. F_ai-ioz? 1 Fll__ED and F-80-16530 2mhAPR-3 PH 3:25 Gary Wayne Barne$ § IN THE cRIMINA£r_.``i-,x_.,_-~_J;H,,|DHs _ N"‘ al:§aK vs. v § DISTRICT coURT TH ,‘iatxAs ' ~ - ‘WPUTV § oF DALLAS couNTY TExA _ THE sTATE oF TEXAS v _ § § moTIoN FoR THE APPOINTMENT oF AN INvEsTIGAToR To THE noNoRABLE JuDGE 0F sAID couRT: Now ~comes- Gary Wayne Barnes, the applicant in the above entitled and numbered causes a petition in Pro- Se to request that the court appoint an Investigator where the applicant has ' requested' the appointment of counsel where there are new facts, newly discovered evidence of the origional filings systems of the Dallas Police department, Southwestern Institut-.- ute of Forecics Science and the office of the Dallas County Clerks has documents files and information of the ydates of the above mentioned crimes. police reports , crime file numbers evidence files and the evidence filing dates ``for the offenses to which the applicant has been convicted. n I. ' In open court on june 8, 2009 the applicant made a request ``that the court take "JUDICAL Notice' that the evidence which was tested was not the proper evidence of the crime secnce to which the applicant was convicted. The applicant attempted to point out that the evidence which was tested at the texas Department of Public safety No. LlD- 184098. was not the evidence of the actual :crime scence; Page l. Barnes 2. The applicant was convicted on Feb, 27, 1981 for thec offense committed on July 4 1980, in the Dallas Police Department file number #506950-L and # 307064-L for offenses committed July 4, 1980 and the szFIs lab file numbers ``e,f # 804-1632 and # BO-P- 1635 for the evidence of the offense which was committed on the date of july 4, 1980. l This Court in a ORDER GRANTING DNA TESTING varified that the evidence was locked in a box science the date of the offense in a certain chain of coustody. The State presented at trial Extraneous offenses and evidence of servs liab s 80-1$~‘25``93 and opn 'file number of # 4.*§;'29'55~v L'as an extraneous offense being committed prior to and .before the offense which was committed July 4, 1980, 'The state presented at trial Extraneous offense and 'evidence of SWIFS lab # 80-80-P~297l and DPD file number as an extraneous offense being committed. on Dec. '2,'1980an offense that committred after the offense of July 4, 1980.D PF"~S§_Q('l m"l`` The filing order of `` both the DPD and szFs filing of the cases before and after the offense of July 4, 1980 proves that the lab numbers in #,BQ:R;l§§g_and # 80-P-1635 are not the actual evidence of the crime scence and that a records search shows that this ‘ ence was _gn _file l at the SWIFS lab_p;igr to and before the date to which the July 4, 1980 offense was committed. II. The applicant was granted DNA testing on Feb. 20, v2009 and that testing was prefromed by the DPS lab in number 'LlD-184098 as the filing systems will show that this is not and can not be the actual crime scence evidence. Page 2. Barnes 3. The filing systems of both the Dallas Police Department and the files of the Southwestern Institute of Froenics science labproves that the state has introduced persented and tested the evidence which is not, was not the evidence of the actual crime scence. l III. The ``applicant was convicted in (2) two jury trials where the State filed it's notice of intent to uses extraneous offenses and to present extraneous evidence prusuant to Rulesi 404-and ._609,of.thre Texas Rules of Evidence and Article 37.07 of the code of Criminal proceedures. By the use of this new inrormation that the evidence has never been presented the ant Jury or to the actual trial Judge the the applicant has not been given a fair trial and~ has been denied due process in a |constitutional meaning of the actual evidence 'of the crime scence .being presented to the court and entered upon the records~ Iv,, The files of bache the m>o and szFs labs lproves that there is a serious issue of testing the actual evidence as this evidence is still on file at the lab in the numbers filed as 80-P-2784 and 80-P--2790, that was filed on July 4. 1980. l `` This evidence can`` be tested and this evidence will prove that the applicant is actusal innocence and that the victims are the actual victims of the crime to which the applicant has been convicted. Page 34 Barnes 4. Applicant request the appointment of INVESTIGATOR in assisting a review by this court in determination as to the fact of the evidence so that' a Order can be filed that a copy of the porition of the files of the' Dallas police \Department and the Southwestern Instutute of Forenics Science Lab be sealed for the future review of the appellate court when necessary. Applicant request the appointment of lnvestigator to preserve and present affidivits to the court lof the in Brief data of the DPD and SWIFS Lab of the filing systems 'that the_correct dates that all evidence was reported and presented to the lab in accordance with the dates of each of the offeenses was committed as well as the \evidence filed with the lab, lI. Tha applicant can prove and present the facts that are related to the issue of the evidence and that the testing of said evidence 'proves that the applicant in actually innocence of the crimes to which he was convicted. In the inter- trest of| justice the applicant request that the Judge look to the facts look to the filing process of both of the above mentioned agencies which shows the the evidence used in the convictions was no file in the Lab filing systems prior to and before the date that the crime was committed. Wherefore, Premises Considered, the applicant Prays that this court grant this Motion for the Appointment of Invest~ igator: Respectfully Submitted; Page 4. Barnes 5. ~ Gary W:§ne Barnes Pro-Se #318814 TDCJ-ID 1100 FM 655, Ramsey Rosharon. Texas 77503 Signed on this the 27. day of 2014 CERTIFICATED OF``SERVICE A true and correct copy of the above and foregoing document has been delivered to the office of the Dallas County\Clerks. officepursuant to the Texas Code of Criminal §rocedures on this the 27 Th day of March 2014by placing the same in the united States Mail: Gary Wayne Barnes #318814 C:to$\¢@\kk@~g H.H.>m UHM..E~HO.H GWMWN venue zwwww , _ mwn i\ pit ip\\$-Qi¢& \ » vt@ww\ de eoo>¢' seem - e~t am lm;\ /§e'n\plj scm 3_3@ /Q£\y l';at\/\ S\l \\m»\ l‘N\\ Mi‘~ro LQV\*Fi §\l~€")i, ``\'¢»\3‘€.'§ , odd/45 T& 35 F/€M') 5 z.gA/rg,e/A Acco)€D/A}§ D Hou)t-:vé owe GARLAND /-AB /"/F° 5”"€7 (3/’”/°7)7-7;,3%(; r¢ 5L/D- ./:0/1‘/4 077/§ A/AME: , }: Agency #506950L /9&> Né//"ZZZ Agency Case #/ Cause # F81~01105 J FEK, BAZAIES NEW LAB # 08PO918 (Assigned by SWIFS in 2008 when original specimen appeared to be missing from storage) Per Barnes, her number is also 8OP2784 _L ne Te'§r/Mé 6/12/08 - Lab could NOT find evidence in storage. New Lab # assigned for administrative purposes 2/26/09 K2 Vag Smear located in SWIFS Storage with#’s 80Pl635/F8101105 2/27/09 Smear sent to State Lab (Garland) c/o Manuel Valde'z 3/10/09 Garland Lab logged in slide holder #80P1635(K2) Label: CD K -------------- ,(Name redacted but letter K clearly visible as first letter) 1/16/01 Slide 80Pl635 KZ SBW (probably indi- cates stain used) Shows sperm with tail OVIEDO Yvette (Rape Date 7/4/80) SWIFS Lab #FL 80 P1632 _>\E Agency # 307064L NEW LAB # 08P0919 (Assigned by SWIFS in 2008 ;T]Zv'_ Tq 7 g when original specimen appeared to be missing M)M€)EK _ from stora e Pee, aA R~' '=6 g ) Dates may be in error using original #80P1632 Agency Case/Cause # F81-01027 J Per Barnes, her number is also 80P2790 K2 Vag. Smear (FL#80P1632) 7/17/08 - SWIFS could n NOT locate evidence in storage New. Lab # assigned #08P0919. /3/17/09 Lab loaer K2 smear dying/verne as zb/°", \2/27/09 Lab sent smear to Texas State lab (Garland) C/o Manuel Valdez 3/10/09 Garland lab logged in l clear bag & 2 sealed slide holders with 3 slides (#80Pl632)#l slide contains sperm with tails; #2 & #3 contain unstained cellular material (Garland converted these 3 slides to 6 slides for test purposes) JORDAN Cvnthia (Rape Date 12/2/80) SWIFS #FL 80 P297l Cause #F8016530 DPD #558910L BARNES, Gary SWIFS #FL08P1542 (Buccal Swab) 2009 Lab Case # LlD 184098 Case #F8101027 Case # F80 16739 Dism Case #FSO 16740 Dism TE§T/M 6 12/3/80:K1 vag. swab KZ vag smear (found in lab on 7/08) K3 blood sample K4 pubic hair combings K5 pubic hair cuttings K6 anal smear on slide Results of testing: K1 - seminal fluid K2 - sperm K3 - blood group K4 & K5 - nothing K6 - no sperm K7 - blue jeans - seminal fluid & sperm K8 - bedspread - nothing CNo longer in lab) 4/8/09 - K?. used to extract DNA (Became KZ'I``l) divided to yield two fractions: female epitheiial cells & male sperm cells Results of testing: Epi. Cells: No DNA profile Could be obtained Sperm - No DNA obtained 'l'hus no comparisons possible 1/9/81 Ql Blood Sarnple QZSaliva Sample Barnes is Type O, PGM Enzyme Type 2-1 & Secretor of Bld Blood Group O(H) 9/9/08 Buccal Swab (08P1542) Stored in lab 4/8/09 Portion of sample amplified For DNA typing Results: No comparison to Jordan possible because there was no DNA available in`` Jordan’s samples KETI``ERNING lennen (Rape Date 5780) #FL 80 P2593 DPD #4829551, /\10 res r/AC¢`` RENTERIA Joe (father of Elizabeth) Case # or SWIFS #F81-02518 Texas Crime Lab Case #LlD-184098 (2009) Cause No. F80-16530-J, F81-01027-J F81-01105-J & F81-02518~J THE STATE OF TEXAS ( |N THE CR|M|NAL VS. ' ( D|STR|CT COURT #3 GARY WAYNE BARNES " ( DALLAS COUNTY, TEXAS AFF|DAV|T lN SUPPORT OF MOT|ON FOR DNA TESTiNG l am Gary Wayne Barnes. On February 25, 1981, in Cause Numbers F81-01027-J and F81-01105-J, | was found guilty of aggravated rape and was sentenced to life in the penitentiary. On February 25 1981, in Cause Number F81-02518-J, l was found guilty of burglary of a habitation with the intent to commit rape and was sentenced to life in the penitentiary. On February 27, 1981, l was found guilty of aggravated rape in Cause Number F80-16530-J and was sentenced to life in the penitentiary. Notices of appeal were filed in these cases on March 20, 1981. _The appeals were denied, and the mandates were affirmed on November 5, 1982. l state that the following is true and correct: 1. To the best of my knowledge, there was evidence obtained in relation to these cases that consisted of biological material. This evidence included,_ but is not limited to. rape kits taken on the victims. The evidence was in the possession of the State curing these cases. 2. The evidence, to the best of my knowledge, was not subjected to DNA testing or comparison DNA testing with my DNA. The testing not being done was through no fault of my own. 3. The ultimate question in these cases was whether l, Gary Wayne barns, committed the offenses of aggravated rape and burglary of a habitation with the intent to commit rape. There is a reasonable probability that it would show that i did not commit these offenses if DNA forensic testing was done on the biological materia|. 4. l make this request in the interest ofjustice and not to unreasonably delay the execution of sentence or administration of justice. I Gary Wayne Barnes TDCJ-ID 318814 am presently incarcerated in the Texas Department of criminal Justice, Institutional Division at the Ramsey One unit 1100 Fm 655, Rosharon, Texas 77583 and declare under penalty of perjury that the foregoing is true and correct: Executed on this the 31 th Day of March 9 gaf 318le “t``i\mt ;’)l‘?°» amf 2014. . Exhib``t » F!LED 1 H» 211191111123 1111 91 23 CAUSE No FSOGre-*ss@t 27 J 1381 01105§,.@t §§C§§§'l'l;§?ti'? a _1 ' 4 AS ‘_ n ji»}r(‘\ "ngle w ~ THE sTATE oF TEXAS § - - . _ "j lfifi\iiiz CRIMINAL vS. ~ `` ¢. -' _. § DISTRICT COURT #3 GARY WAYNE BARNES ' ' " . § `` g 1 DALLAS COUNTY, TEXAS MoTIoN To wITHDRAW AS COUNSEL `` To THE HoNoRABLE IUDGE oF sAID COUer `` v COMES NOW Michelle Moore, attorney of record for the Defendant in ' ".': '1 LMo\/e-_stv1ed and_ numbe 1e'_1 ea11:; es and moves tne Court- to enter -an -``~- ~_~:~ '»--' ~:¥- ' order permitting movant to withdraw as counsel of record in this cause for the following reasons: ' ' ,_ l.. Counsel was appointed on this case"by Judge Bobby__Francis. Gary Wayne Barnes was sentenced to life in all of his cases Mr. Barnes has since asked for and received post-conviction DNA testing in all of these CB.S€S. 11_ __ __i ________ _______________._ _ il __ w _ _ __ __ _ _ __ __ ' . ' _ HI. ' A finding was entered in Cause Numbers FS l-OlOZ7-J, FS l-Ol lOS-J and F8,1-02513_J, oh Jtth@, s, 2009, which Stated that had the DNAteSt results `` ' been available during the trial of these offenses, it is NOT reasonably b probable that Barnes would not have been convicted The test results in these cause numbers Which did not exclude Barnes as the perpetrator in these crimes were entered into the court tile. IV. ' _ ln Cause Number F 80 16530-1, no male profile was found by testing the rape kit from the original investigation of the case. Because STR testing ' - was utilized in Barnes' case, the judge denied additional Y- STR testing ¢»-~ ``1) v - _ V. - All' testing in this case has been granted and received No other testing _will be done``through A_rticle 64 of the Texas``Code_ of Criminal'Procedure. _ _ » _ VI. g 4 The granting of this Motion will not have a material adverse effect on the ``- interests of the defendant as he may file his notice of appeal.``- » VII. ' Counsel requests that this motion be filed. W‘U‘ RI W;PE \vlovant prays~the Court'grant this‘ij\’t°)“t``o‘ 1111 Id "'°``"``j'_‘,_'_``_ _ _______ that Michelle l\/Ioore be released'as counsel of record in this cause. " … __' ' Respectfully submitted 337/afa 311 Mich§lle Moore , , ' v Assis ant Public Defender `` ___ __ w ___ ;____ a H§% c 2009, the Court, havin_ considered the above and foregoing motion find the same is hereby® ' ' D_ENIED --* :i````“ - : f s : :' ``: ~: 111 : ~s_i__" _ 17‘;¢/?€:: ~P§W~ ¢‘1’21*‘:1(11D 1111~"1'1 211WR@12 658 1a ot of Habeas Corpus has been received 1 Abe| Acosta, Clerk GARY WAYNE-BARNES SR. .¥ u RAMSEY l U_N:l-T»- TDC#.:318814 4 ,.`` 3 1100 F1v1"655 ' 1 /\\&1@ .H RosHARoN, Tx 77583 :'§- 91 .= . x _ C') damages '.='-se:=~ 1'[1'"|11"``11|'11'"111‘|'11'i'"‘l-ll'l"nliliiliiliill'llh'i \,