Lasker, Dominique Dontae

WR-83,219-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/29/2015 11:24:25 AM
Accepted 5/1/2015 8:22:18 AM
NO. _____________ ABEL ACOSTA
CLERK
IN RE § IN THE
RECEIVED
§ COURT OF CRIMINAL APPEALS
DOMINIQUE DONTAE LASKER, § COURT OF CRIMINAL5/1/2015
APPEALS
ABEL ACOSTA, CLERK
§
RELATOR § FOR THE STATE OF TEXAS
APPLICATION FOR LEAVE TO FILE
PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES DOMINIQUE DONTAE LASKER, Petitioner, by and through his
court-appointed counsel, and asks the Court to file the attached Petition for Writ of Mandamus
and would show the Court the following:
This is an extraordinary case that requires the Court of Criminal Appeals to exercise
original jurisdiction because Petitioner has no adequate remedy at law. It involves ministerial
acts only, and the Petitioner has been unsuccessful in obtaining relief from the trial judge and
the First Court of Appeals.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By /s/Frank Blazek
Frank Blazek
State Bar No. 02475500
APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 1
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William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
wfcarter73@yahoo.com
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Application
for Leave to File Petition for Writ of Mandamus has been forwarded to opposing counsel on this
the 29th day of April, 2014, by U.S. Mail, postage prepaid, addressed as follows:
Elton Mathis
Criminal District Attorney
642 12th Street
Hempstead, Texas 77445
/s/Frank Blazek
Frank Blazek
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NO. _________
____________________
IN THE
COURT OF CRIMINAL APPEALS
FOR THE
STATE OF TEXAS
____________________
IN RE DOMINIQUE DONTAE LASKER, Relator
____________________
PETITION FOR WRIT OF MANDAMUS
Frank Blazek
State Bar No. 02475500
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
ORAL ARGUMENT REQUESTED 1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
frankblazek@smithermartin.com
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
wfcarter73@yahoo.com
ATTORNEYS FOR RELATOR
Identity of Parties and Counsel
The following is a list of all parties and all counsel in this matter:
Relator in this matter is DOMINIQUE DONTAE LASKER, and is
Defendant in the underlying cases described below. The attorneys representing
Relator are:
Frank Blazek William F. Carter
SMITHER, MARTIN, 108 E. William J. Bryan Parkway
HENDERSON & BLAZEK, P.C. Bryan, Texas 77803-5334
1414 11th Street
Huntsville, Texas 77340
Respondent in this matter is the Honorable Albert M. McCaig, Jr., Judge of
the 506th Judicial District Court of Waller County, Texas.
The real party in interest in this case is THE STATE OF TEXAS
represented by counsel as indicated:
Elton R. Mathis
Criminal District Attorney
Waller County
645 12th Street
Hempstead, Texas 77445
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Table of Contents
Identity of Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Statement of Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Statement of Issue Presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Argument and Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Certificate of Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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Index of Authorities
Alabama v. Bozeman, 533 U.S. 146, 121 S. Ct. 2079 (2001). . . . . . . . . . . . . . 10
Bryant v. State, 819 S.W.2d 927 (Tex. App.–Houston [14th Dist.] 1991,
pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Burton v. State, 805 S.W.2d 564 (Tex. App.–Dallas 1991, pet. ref'd). . . . . . . . 7
Culer v. Adams, 449 U.S. 433, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981). . . . . 1
Engle v. Coker, 820 S.W.2d 247 (Tex. App.–Beaumont 1991). . . . . . . . . . . 3, 9
Fex v. Michigan, 507 U.S. 43, 113 S. Ct. 1085 (1993).. . . . . . . . . . . . . . . . . . . 8
Huff v. State, No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401
(Tex. App.–San Antonio, April 8, 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
In re Dacus, 337 S.W.3d 501 (Tex. App.–Ft. Worth 2011). . . . . . . . . . . . . . . 6
Lara v. State, 909 S.W.2d 615 (Tex. App.–Fort Worth 1995, pet. ref'd). . . . . 7
Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR,
1999 Tex. App. LEXIS 4922, 1999 WL 442139, (Tex. App.–Houston
[1st Dist.] July 1, 1999, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Snyder v. State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750,
2005 WL 2313676 (Tex. App.–El Paso Sept. 22, 2005, no pet.).. . . . . . . . . . 7
State v. Powell, 971 S.W.2d 577 (Tex. App.–Dallas 1998, no pet.).. . . . . . . . . 7
United States v. Mauro, 436 U.S. 340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Walker v. State, 201 S.W.3d 841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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Texas Constitution:
Tex. Const. Art. V Sec. 5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Statutes:
Tex. C. Crim. P. Art. 4.04.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Tex. C. Crim. P. Art. 51.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9
Tex. C. Crim. P. Art. 51.14 Art. IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Tex. C. Crim. P. Art. 51.14, Art. III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Tex. C. Crim. P. Art. 51.14, Art. III(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Tex. C. Crim. P. Art. 51.14, Art. V(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6
Rules:
Tex. R. App. P. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
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Statement of the Case
1. The underlying suit arises out of Cause Numbers 11–01–13703,
11–01–13704 and 11–01–13705, entitled “THE STATE OF TEXAS v.
DOMINIQUE DONTAE LASKER" in the 506th Judicial District Court of Waller
County, Texas.
2. Respondent is ALBERT M. McCAIG, JR., Judge of the 506th Judicial
District Court of Waller County, Texas.
3. Relator/Defendant, Dominique Dontae Lasker, is entitled to relief, a
dismissal of charges, pursuant to the provisions of the Interstate Agreement on
Detainers. Tex. C. Crim. P. Art. 51.14 (IADA). On March 11, 2014, and July 15,
2014, the trial court entered orders denying Defendant's motions seeking relief
under the IADA. Appendix I, pp. 147, 157; Appendix II, pp. 149, 154; Appendix
III, pp. 149, 154.
The IADA is a congressionally-sanctioned compact between the United
States and the states, see Culer v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703,
66 L. Ed. 2d 641 (1981).
The action of Respondent, the Honorable Albert M. McCaig, Jr., the
Presiding Judge of the 506th Judicial District Court of Waller County, Texas,
being complained of is the issuance of Orders denying Defendant's Motion to
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Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on
Detainers that does not comport with the mandate of the IADA. Relator,
DOMINIQUE DONTAE LASKER, seeks an extraordinary Writ of Mandamus
from this Honorable Court to compel Respondent to vacate the Orders denying
Defendant's Motion to Dismiss and Motion to Dismiss for Violation of the
Interstate Agreement on Detainers and ordering Respondent to dismiss the
indictment filed against Relator.
4. A petition requesting the same relief was filed in the Court of Appeals
for the First Judicial District on July 25, 2014, in Cause Numbers
01–14–00630–CR, 01–14–00631–CR and 01–14–00632–CR. A Memorandum
Opinion was issued on January 27, 2015, denying the petition for writ of
mandamus. The justices who participated in the decision were Justices Jennings,
Massengale and Lloyd. Appendix VIII. Relator’s motion for reconsideration en
banc was denied on March 31, 2015. Appendix IX.
Statement of Jurisdiction
The Texas Court of Criminal Appeals has jurisdiction to hear this Original
Proceeding and to grant the relief requested under Article V, Section 5(c), of the
Texas Constitution; Art. 4.04 Texas Code of Criminal Procedure; and Texas Rule
of Appellate Procedure 52.
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The Respondent was acting in an official capacity as the Presiding Judge for
the 506th Judicial District Court of Waller County, Texas, when the actions
complained of occurred. The Relator has no right of appeal from the actions of
Respondent, and no other adequate remedy at law is available. The actions sought
to be compelled of Respondent are ministerial rather than discretionary in nature.
Statement of Issue Presented
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S
MOTION TO DISMISS THE INDICTMENT ALTHOUGH
DEFENDANT WAS NOT TAKEN TO TRIAL WITHIN THE 180
DAYS FROM THE DATE HIS REQUEST FOR SPEEDY
DISPOSITION OF HIS DETAINER WAS RECEIVED OR WITHIN
THE120 DAYS FROM HIS ARRIVAL TO WALLER COUNTY IN
VIOLATION OF THE MANDATE OF ENGLE V. COKER, 820
S.W.2d 247 (TEX. APP.–BEAUMONT 1991) AND THE
INTERSTATE AGREEMENT ON DETAINERS ACT, TEX. C.
CRIM. P. ART. 51.14.
Statement of Facts
On January 27, 2011, Relator was indicted for the offense of murder of
Stanley Ray Jackson in Cause Number 11-01-13704. Appendix II, p. 2. On
January 27, 2011, Relator was indicted for the offense of murder of Janella
Edwards in Cause Number 11-01-13705. Appendix III, p. 2. On January 27,
2011, Relator was indicted for the offense of capital murders of Stanley Ray
Jackson and Janella Edwards in Cause Number 11-01-13703. Appendix I, p. 2.
At that time Relator was in federal custody on federal back robbery charges
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unrelated to the capital murder and murder charges. See the stipulation of the
parties. Appendix VII-5, p. 34.
On December 16, 2011, Relator was sentenced to the federal prison for one
hundred and twenty-one months. Appendix VII-5, p. 33. While he was in the
federal prison serving that sentence Waller County placed a detainer on him for
the three indictments. See the statement of the prosecutor. Appendix VII-5,
p. 7. While serving that sentence and while the Waller County detainers were
placed on him, Relator made two requests for speedy disposition of the detainers.
Appendix I, pp. 6 & 18; Appendix II, pp. 6 and 18; Appendix III, pp. 6 and 18.
Relator submitted his first request for speedy disposition under the
Interstate Agreement on Detainers (IADA) in July of 2012. Appendix VII-5,
p. 18. It was received by the District Clerk of Waller County on July 16, 2012.
It was received by the District Attorney on July 19, 2012. Appendix I, p. 170;
Appendix II, p. 167; Appendix III, p. 167.
Relator submitted his second request for speedy disposition under the IADA
in 2013. The second request was received by the District Clerk and the District
Attorney on February 8, 2013. The second request was mailed by certified mail.
Appendix VII-5, p. 19.
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Pursuant to the IADA the State of Texas requested that the federal
government enter into an agreement allowing Texas to have temporary custody
of Relator. Texas obtained such temporary custody of Relator on May 24, 2013.
Appendix VII-5, p. 21.
Pursuant to the IADA, Article III, the State is required to bring the case to
trial within 180 days of Relator’s request. If Relator’s first request was sufficient,
then the 180-day time period expired on January 14, 2013. If for any reason that
request is deemed flawed, and if his second request is sufficient, then the time
period expired on or before August 7, 2013. The record will show that this case
was not brought to trial nor was any continuance granted prior to August 7, 2013.
Pursuant to Art. V(c) of the IADA, Relator is entitled to have all three indictments
dismissed with prejudice.
On September 9, 2013, in open court the State’s motion for continuance
was granted until February 24, 2014, over the objections of Relator that such
order violated the IADA. Appendix VII-3, pp. 30-31. The continuance was
granted without good cause.
On March 11, 2014, the trial court denied Defendant’s motions to dismiss,
signing the written order in Cause Number 11–01–13703 on that date
(Appendix I, p. 147) and signing the orders in Cause Numbers 11–01–13704 and
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11–01–13705 on July 2, 2014. Appendix II, p. 149; Appendix III, p. 149. On
July 15, 2014, the trial court denied Defendant’s Motions to Dismiss for Violation
of the Interstate Agreement on Detainers. Appendix I, p. 157; Appendix II:,
p. 154; Appendix III, p. 154. From these Orders Relator files this Petition for
Writ of Mandamus.
Argument and Authorities
A prisoner who is transferred pursuant to the IADA is entitled to be tried
within 180 days of the receipt of his demand for speedy disposition. Tex. C.
Crim. P. Art. 51.14, Art. III(a) and Art. V(c). Mandamus relief should be granted
when a trial court fails to grant a dismissal with prejudice despite a violation of the
IADA. In re Dacus, 337 S.W.3d 501, (Tex. App.–Ft. Worth 2011).
In this case the Court and the prosecutor received two requests demanding
speedy disposition of the charges pending in Waller County, Texas. At the time
those requests were made Relator was an inmate in the federal penitentiary while
Waller County had lodged a detainer on him for these charges. The first request
was sent by the Relator directly to the Court and to the prosecutor. The second
request was submitted by the Relator to the warden, who sent the requests to the
Court and the prosecutor by certified mail.
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The State contended to the trial court that both sets of requests were fatally
defective and did not invoke the IADA. With regard to the first request the State
complains that the request was not submitted to the warden and mailed to the
Court and the prosecutor by certified mail. Appendix VII-5, pp. 8-9. Some Texas
courts have held that it is not required that the IADA request go through the
warden, but that the inmate may himself make the demand for speedy disposition
directly to the Court and the prosecuting attorney. Huff v. State,
No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio,
April 8, 2015), at *24, citing Walker v. State, 201 S.W.3d 841 at 846; Snyder v.
State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676, at
*1 (Tex. App.–El Paso Sept. 22, 2005, no pet.) (not designated for publication);
Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App.
LEXIS 4922, 1999 WL 442139, at *7 (Tex. App.–Houston [1st Dist.] July 1,
1999, pet. ref'd) (not designated for publication); State v. Powell, 971 S.W.2d 577,
580 (Tex. App.–Dallas 1998, no pet.); Lara v. State, 909 S.W.2d 615, 618 (Tex.
App.–Fort Worth 1995, pet. ref'd); Bryant v. State, 819 S.W.2d 927, 931 (Tex.
App.–Houston [14th Dist.] 1991, pet. ref'd); Burton v. State, 805 S.W.2d 564, 575
(Tex. App.–Dallas 1991, pet. ref'd). With regard to his first request, there is no
controversy that both the State and the Court received an explicit request for
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speedy disposition under the IADA directly from Relator, albeit not by certified
mail or with the certificate of the warden.
The case of Fex v. Michigan, 507 U.S. 43, 52, 113 S. Ct. 1085, 1091 (1993),
suggests the 180-day time period begins when the request is received by the
prosecutor and the court. The U.S. Supreme Court has never indicated that the
manner the request is sent is significant to the implementation of the IADA.
The Supreme Court has rejected narrow interpretations of the IADA once
a detainer has lodged and the policies of the IADA are fully implicated. United
States v. Mauro, 436 U.S. 340, at 362. Article IX of the IADA states that “[t]his
agreement shall be liberally construed so as to effectuate its purpose.”
The State’s argument that Relator’s first request is deficient and fails to
invoke the time limits of the IADA is contrary to the Supreme Court’s guidance
in Mauro and Article IX of the Agreement.
The State’s contention concerning Relator’s second request has no basis in
any precedent. The State contended at the February 11, 2014, hearing that the
Warden’s certificate did not contain information concerning Relator’s parole
eligibility date or what action the Parole Board had taken concerning Relator.
Appendix VII-5, p. 10. In response, at that hearing Relator’s counsel asked the
trial court to take judicial knowledge that Relator as a federal prisoner was not
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eligible for parole. Appendix VII-5, pp. 22-23. Relator’s counsel also argued that
although the two lines were left blank they “were appropriately left blank. ... They
could have said none, not applicable, there are other ways to do it, but blank is
also accurate.” Appendix VII-5, p. 27.
Should this Court consider the two blanks on the certificate material, the
defects should be considered waived. In Engle v. Coker, 820 S.W.2d 247 (Tex.
App.–Beaumont 1991), the State argued that defects in the notice of
imprisonment and request for disposition should prevent any dismissal under the
IADA. The Beaumont Court pointed out that the State’s action in bringing Engle
to Texas waived any defects; the court enforced the time limits of the IADA
despite the defects and dismissed the prosecutions.
Here the valid second request for disposition was received by both the Court
and the prosecutor on February 8, 2013. Relator was returned to Waller County
on May 24, 2013. The 180-day time period expired on August 7, 2013. No
defect in the warden’s certification prevented the State from seeking a trial date
or a continuance before the August 7 deadline. The failure to try the case or get
a continuance before that date is fatal and demands a dismissal under the IADA.
As the Supreme Court wrote:
For present purposes, it is important to keep in mind that the
Agreement basically (1) gives a prisoner the right to demand a trial
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within 180 days; and (2) gives a State the right to obtain a prisoner
for purposes of trial, in which case the State (a) must try the prisoner
within 120 days of his arrival, and (b) must not return the prisoner
to his "original place of imprisonment" prior to that trial.
Alabama v. Bozeman, 533 U.S. 146, 151, 121 S. Ct. 2079, 2083 (2001).
Based on the foregoing Relator is entitled to relief and dismissal of all three
indictments pending in Waller County.
Prayer
Relator prays that this Honorable Court grant this Petition for Writ of
Mandamus and issue an order directing the trial court to dismiss with prejudice
the indictments in Cause Numbers 11–01–13703, 11–01–13704 and
11–01–13705 because of the violations of the time limits in the IADA.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By /s/ Frank Blazek
Frank Blazek
State Bar No. 02475500
frankblazek@smithermartin.com
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William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
wfcarter73@yahoo.com
ATTORNEYS FOR RELATOR
Certification
I hereby certify that I have reviewed the above Petition for Writ of
Mandamus and have concluded that every factual statement in the said petition
is supported by competent evidence included in the appendix or record.
/s/Frank Blazek
FRANK BLAZEK
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Certificate of Service
I hereby certify that a true and correct copy of the foregoing Petition for
Writ of Mandamus was forwarded by U.S. Mail, postage prepaid, on the 29th day
of April, 2015, to the following parties, pursuant to TEX. R. APP. 9.5(d) and TEX.
R. APP. 52.10(a):
The Honorable Albert M. McCaig, Jr.
506th Judicial District Court
836 Austin Street, Suite 307
Hempstead, Texas 77445
judge@court506.com
Elton R. Mathis
Criminal District Attorney
Waller County
645 12th Street
Hempstead, Texas 77445
e.mathis@wallercounty.us
/s/ Frank Blazek
Frank Blazek
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APPENDIX
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CONTENTS OF APPENDIX
Appendix Number
Clerk’s Records:
No. 11-01-13703 - Capital Murder I
No. 11-01-13704 - Capital Murder II
No. 11-01-13705 - Capital Murder III
No. 11-01-13703 - Supplemental Record IV
No. 11-01-13704 - Supplemental Record V
No. 11-01-13705 - Supplemental Record VI
Reporter’s Record:
Vol. 1 of 6 - Master Index VII-1
Vol. 2 of 6 - Hearing on Appointment of Counsel (6-4-13) VII-2
Vol. 3 of 6 - Hearing on Motions (9-9-13) VII-3
Vol. 4 of 6 - Hearing on Motions (11-4-13) VII-4
Vol. 5 of 6 - Hearing on Motions (2-11-14) VII-5
Vol. 6 of 6 - Exhibit Index VII-6
Memorandum Opinion VIII
Order on Motion for En Banc Reconsideration IX
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CLERK'S RECORD
(Petition for Writ of Mandamus) FILED IN
First Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals No. 01-14-00630-CR (Count 1)
9/10/2014 11:23:35 AM
Trial Court Cause No 11-01-13703
th CHRISTOPHER A. PRINE
In the 506 District Court Clerk
Of Waller County, Texas
Hon. Albert M. McCaig, Jr.
INRE:
DOMINIQUE DONTAE LASKER
Appealed to the
Court of Appeals for the FIRST District of Texas, at Houston, Texas
Relator DOMINIQUE DONTAE LASKER
Attorneys for Relator Frank Blazek
1414 11 th Street
Huntsville, Texas 77340
Tel: (936)295-2624
SBOT No.: 02475500
William F. Carter
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
Tel: (979)779-0712
SBOT No.: 03932800
Real Party In Interest The State of Texas
Attorney for State of Texasl
Real Party In Interest Elton Mathis
Waller County District Attorney
645 12th Street
Hempstead, Texas 77445
Phone: (979) 826-7718
SBOT No. 24014568
Court: 506th Judicial District Court
Judge: Hon. Albert M. McCaig, Jr.
Court Reporter: Robyn Wiley
836 Austin Street, Rm 307
Hempstead, Texas 77445
(979) 921-0921
Delivered to the First Court of Appeals
For the State of Texas
301 Fannin Street
Houston, Texas 77002
The 10th day of September, 2014
PATRICIAJ. SPADA CHENE
DISTRICT CLERK OF
WALLER COUNTY, TEXAS
l;b~
By: --~~~)r-----~-------,Deputy
Appellate Court Cause No. 01-14-00630-CR (Count 1)
Filed in the First Court of Appeals at Houston, Texas
This the day of ' 2014.
By ____________________________~,Depury
FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 1)
Trial Court Cause No. 11-01-13703
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS
PETITION FOR WRIT OF MANDAMUS
CLERK'S RECORD, VOL. 1 OF 1
(Count 1)
INDEX
PAGE NO
Caption 1
Indictment Filed 0112712011 2
Notice of Place of Imprisonment
And Request for Speedy Trial
And Final Disposition Filed 0711612012 3
Notice and Demand to District
AttorneylProsecutor for Trial or
Disposition of Warrants,
Informations, Detainers or
Indictments by Federal Prisoner Dated 07102112 6
Motion to Dismiss for Denial of
Constitutional Rights ofDue
Process and Right to Speedy Trial Dated 12/31/2012 8
Letter to Elton R. Mathis, D.A.,
From Us. Dept. ofJustice
Federal Bureau ofPrisons
Federal Correctional Complex Filed 02/08/2013 15
Defendant's Pro Se Motion to
Dismiss the Indictment or Information
Herein, or in the Alternative,
Defendant's Pro Se Motionfor
Appointment of Counsel at
Public Expense Filed 0411012013 23
Scheduling Order - Criminal Dated 0512412013 29
Waller County Magistrate's
Admonishment form Warning of
Constitutional Rights Dated 0512412013 30
Order Appointing Counsel Signed 0610412013 34
Order Appointing Counsel Signed 0610612013 35
Defendant's Waiver of
Arraignment And Entry of
Plea ofNot Guilty Filed 0711512013 36
Motion for Appointment of
Attorney as Co-Defense Counsel Filed 0711512013 38
Order Appointing Attorney Signed 0711812013 40
State's Notice of Intent to Seek
Death Penalty Filed 0813012013 41
State's Motion for Discovery of
Expert Witnesses Filed 0813012013 43
State's First Motion for Continuance Filed 0813012013 46
State's Motion for Competency
Examination Filed 0813012013 53
State's First Motion for Continuance Filed 0813012013 56
States Motion for Competency
Examination Filed 081301213 63
State's Motion for Discovery of
Expert Witnesses Filed 0813012013 65
Motion to Dismiss Filed 0910912013 67
Motion for Disclosure of
Favorable Evidence Filed 0910912013 70
Standard Discovery Order Signed 09/09/2013 74
Scheduling Order - Criminal Dated 09/0912013 75
First Amended Motion to Dismiss Filed 1013012013 76
Scheduling Order - Criminal Signed 11104113 80
Letter from Defendant to Court Filed 11/08/2013 81
Copy of Letter from D.A. to Mr.
Blazek including Attachments Filed 11/18/2013 85
Scheduling Order - Criminal Dated 01/08/2014 137
Defendant's First Motion for
Continuance Filed 01/2112014 138
Order Signed 01/2112014 142
Motion to Suppress Confession Filed 02/10/2014 143
Order (Motion to Dismiss) Signed 03/1112014 147
Notice of Preferential Trial
Setting Dated 04/04/2014 148
Scheduling Order - Criminal Dated 04/04/2014 149
Agreed Motion for Transcription
Of Pretrial Hearings Filed 04/0912014 150
Order Signed 04/09/2014 152
Motion to Dismiss for Violation
Of the Interstate Agreement
On Detainers Filed 07/14/2014 153
Order Signed 0711512014 157
Attorney Fee Voucher Dated 07/14/2014 158
Notice to Prepare Reporter's Record Filed 0910312014 165
Designation of Items to be
Included in the Record Filed 0910312014 167
State's Response to Defendant's
Motion to Dismiss Filed 09/04/2014 169
Court's Docket Sheet 213
Certification 215
THE STATE OF TEXAS
COUNTY OF WALLER
In the 506th Judicial District Court of Waller County, Texas, the Honorable Albert M
McCaig, Jr., presiding, the following proceedings were held and the following instruments and
other papers were filed in this cause, to wit:
1st COURT OF APPEAL NO. 01-14-00630-CR (Count 1)
TRIAL COURT CAUSE NO. 11-01-13703
CLERK'S RECORD
VOLUME lOFl
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER Said JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: CAPITAL MURDER ~ ~t:~
S &i ~ "-
Section: 19.03
Degree: CAPITAL FELONY
INDICTMENT ~ ;1l~1 .:.
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
t~ ~i~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
u11
IV 0
Ae.11L", tAf f,,] 11"
~ ~~
~
ct COURT OF Waller (fuUNa ~~.-<\
~ F--- ---'-:""::':":=':=':-- ~ ~y;.~
7( :JtC / 1 1 1 ' E STATE OF ---=T:..;e:..;;xo.:;a:..::;s_-=-[_5_0_6_ t] ~ .~~
~ • .-A~
A~
~
) NOTICE OF PLACE OF IMPRIS ENT ~~D .~
) REQUEST FOR SPEEDY TRIAL AND INAIP'
) DISPOSITION... Pursuant to ........ .
v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14
) (Constitution. Art. VI. § 10
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby given that the above-named Defendant, D:rninig.e D:n~ lasker ,is
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of ~ months of imprisonment from a
judgment imposed by the United District Court for the District of
California
-===-====-----,, on December 16 2011 Defendant has a projected release date
--'
.......u_s_t_______ , 13
from federal custody on _A_ug , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending in this jurisdiction. Specifically:
1). Capital ~urder Charges ... Warrant # 11-01-13703979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial, an in absfenfia
resolution be arranged.
\,
YIP Law Library FormslNoticeSpeedyTrial·Detainer (Rev 9111)
3
4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. North
Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Afichigan, 507 U.S. 43,113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges. and/or ('('\"~ ... 1";-"-
presently pending in this jurisdiction, within a reasonable period of time not· ?\, \1- ui... s-i-~- . l-f
/>-1·lfJ:(\ "-1 ;0 ~:~c. ILL C.»
Respectfully Submitted,
~~./
k!
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
D\S.1fCCt- .4mrVKL{
?> Yfo (,rh. ~1fc.G~ Su.i\-f.. \
l\tvY1p~h:&\.J 1 XJ 77L.j~-5
Dominique Dontae Lasker
VIP Law Library FormsfNoticeSpeedyTrial-Detainer (Rev 9/11)
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this -l.k- day of
JG\'I\lJ..OJ\.{ ,20 12 ,with sufficient postage affixed. It would be
\..
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNTY
Heapstead, TX 77445-4673
~~ue D~LaSker---""" <:::::
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Formsl Certificate of Service (Rev. 8/11)
NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR
INDICTMENTS BY FEDERAL PRISONER
Dominique Dontae Lasker
~~~~~ FROM:
Reg. No. 22867-298
, ~L\b if' S\ru~ S:ui\<- \ United States Penitentiary
Victorville FCC
He-M~~~386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Afichigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstelllia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges. and/or (,A"" ... I~:-"'-
presently pending in this jurisdiction, within a reasonable period of time not·
o\.l-....I
~ >1'
u <"" 1_
I . .::>-f.\ . l ··f
f..- 11 C' \1 ( 1) ;~ (ItI; (':.,)
Respectfully Submitted,
~ (\CI .~'. \
\\L Ie
Dated:~ ~z- ~
V""n~~inique tae La! . / "
Reg. No. 22867-298 ~
United States Penitentiary
Victorville FCC
POBox ~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
1 hereby certify that a copy of this document ,vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
DiS.1fC c-t4UorVle. L/
~ 4~ Gr~ ~1(u:r ':)L.Li~'t. \
l\e\IY1p~tcVlJ 1 X) 77'-J~-S
2
VIP Law Library FormsiNoticeSpeedyTrraI-Detainer (Rev. 911 I)
jJ-
NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMA nONS, DETAI;\'ERS OR
INDICTMENTS BY FEDERAL PRISONER
FROM: Dominique Dontae Lasker
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO BoxDOJ{ 3900
Adelanto, CA 92301
Dear Sir/Madam:
I. I have been infonned that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca]2ital Murder Charge # 11-01-13703 979-826-8282
Ca]2ital Murder Charge # 11-01-13704 979-826-8282
CaJ2ital Murder Charge # 11-01-13705 979-826-8282
#
2. 1 am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3.1 was sentenced in the United States District Court for the Sou thern District of California,
to a tenn of 121 months. My current projected release date from federal custody is August ~,
20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do riot allow my participation in certain r~habilitati.ve QrOgfams. 1 rema~.!i!Lclassification category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("IADn).
Cordially,
D,ted ~~*!""'A7'C'-:t~O:S:f~"-'9~;Z':':":::---"7...¢.:=:::=-RE-Qt-rE-ST-OR
July 7,1955, as amended, Dominique Dontae Lasker
to administer oaths (18
. U.S.C.
WITNESS-PRISON STAFF MEMBER
§ 4004) .
COPIES: ORIGCNAL TO DIS TRICT A ITORNE\', "SD KEEP COpy FOR O"'S RECORDS TO BE CSED WITfj REQCEST TO COL'R T FOR D1S,\/ISSAL ALSO: I~CLL'DE
Due L\.IE~TA nor-.; FROM THE C -\SE \1ANAGERiRECORDS REGARDNG THE \\"-\RRAST.'DETM'\!ER -\SD IF POSSIBLE YOL'R SE~T[:-.sCE ~IOt\ITORI1\'G/DA TO\
CU\IPLH, TlO!'o< PRI:-"TUU ,HOIII,-u \ Ol 'R PROJECTED REl EASE D~ rE
VIP Law Library FormsiNoticeSpeed} Trial-Detainer (Rev 9flJ)
/3
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this ~ day of
~l!O\JQf\! ' 20 12 , with sufficient postage affixed. It would be
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNIY
Heapstead, TX 77445-4673
~j~
iTIique ~Lasker~ ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
r .j
..... J...-:-'-...:)/,-""\
/) ; v,,-;-
VIP Law Library Fonnsl Certificate of Service (Rev. 8/11)
1'1
u.s. Department of Justice
-- - • •• • ~ j -, •• -'~ '-'
~r3FL')
2 til L:.J -
.IA/O 59 Federal Bureau of Prisons
8 F;l.:
Federal Correctional Complex
Office of the Correctional syst......."---:::±:4.f.1.+-A.-'. Victorville, California
o
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV(a), which expires on DATE). Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving State" (BP~A564)
and originals of the lAD Form V (BP-568) and lAD FormVI (BP-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
15
Page Two
RE: Lasker, Dominique Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to "this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((ll)~
/s/ D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
1&
BP-8235(51)
\--
lAD -NOTICEOFUNTRIEDINDICTMENT
u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: INSTITUTION:
LASKER DOMINIQUE DONT AE 22867-298
FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreement on Detainers Act, you are hereby infonned that the following are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ordered such delivery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inmate
Copy: J&C File
Central file
17
BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB!14
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506th JUDICIAL DISTRICT WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confined.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate of Inmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONTAE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
vrequest the Court to appoint Counsel. (Inmate's Signature)
Record Copy - Slate lAD Administrator; Copy - J&C File; Copy - Central File (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy - Clerk of Court
(Mail Certified Return Receipt)
If
.'
BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS CDFRM
Fcbnwy1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The term of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 Director, Bureau of Prisons Complex Warden
r ((j..U'u.,.-
D. Wren
Correctional Systems Specialist
Record Copy - State lAD Administrator
Copy - J &C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
Ii
BP-S239.0S1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30, 2013
To: Prosecuting Officer Name and Title (ifknown) Jurisdiction:
ELTON R. MATIDS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
infonnation or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30,2013
Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: NamelTitle Custodial Authority:
\+'~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
"
BP-S565.051 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
U.S. DEPART.MENT OF JUSTICE FEDERAL BUREAU OF PRISONS
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298 via X
LAD __State Writ (check one), and do hereby agree to the following conditions in connection
with the request for custody of said inmate.
Conditions
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the same level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include disciplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our prosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of .the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Criminal District
Attorney, hereby submit the following information in connection with my request for
temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined during legal proceedings.
2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal
custody:
4. Name and phone number of the stat~ agency, specific name of agent(s) who will transport
the inmate at direction of the court and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or the USMS, will be transporting
the inmate for the state.
5. Need for appearance of inmate and nature of action.
6. For State Writ cases only (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases).
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : ___________________________________
8. Signature of Notary Public Date
Original - J&C File, Copy - Central File This form replaces BP-S565 dtd FEB 94)
J-I
.09/05/2012 08:35 7605( _ RECORDS PAGE 02/03
BP-SS68.051 I.AD I'ORM V - REQUEST FOR TEMPORARY ctJSTODY CDFRM JlJlAUIot.O FEB 94
O. S. DEPARTMENT OF JUS'l'ICE FBDERAt. B'OUAO 01' PRISONS
six copies. Signed copies m1,l8t be scnt to the pdsoner and to the official who has the pr.isoner in
custody. A copy should be sent to the Aqreement AdministratQr of both the sending and the recei~ing
.state. Copies 5hould be. retained by the person filinq the reque.st a.nd the judge whQ e:i.gns the raquest.
Prio~ to transfer ~nder this Agreement, an Inmate ~y be afforded a judicial haaring (Cuyler) similar
to that provided und~r the Cnifor:m ExtraditiQ1'l ~ct, in which the inmate may bring a limitmd challenge
to the receiving state's reque5t. -
.,
To: (Wa.tden-Superinten~ent-D~rector) - Ins~itut~n and Address fi .
V l\,);(::;~.s+",t,.s ?eIVlf~j(}fI'At'"""J
~
Vic.to~v'dlE" .-cc.
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7-0· .Eox.3t:iOC1 A-oell1l\J ~~301
l)CJ
please be advised that (Name of Inmate) »oMd\f J q IA Ii J)oN1 At: LrtS K.eJ2... 21$(,f"- 20'11, who
~ ~;~~. ~.y an inmate ot your institution, is under [indicate appropriateJ
~d!:~e~:.. riafsma'ti:en) (-eomplaint) in the (Jurisdiction)
<:3 0(" ..4 CJ. W ~lleV" COtA,vt y 1-e'(J45, of which I am the (Title of Prosecuting
Officer) j)jS"\V\\'c:.. f A" H OI'2.J\J~ Said inmate is
. therein charged with the offens s)
enumerated below:
( l - 0 I - I;
Off.naeCs) ~(
(j) Cp.y~-\-I'\l M1.4vt>eV' l\-OI-13=rO.:l?c~fJi.f,A{ J~vl)..PY\..~I-()1-1310'l-~ ""'I.'vo"r-
I propose to bring this person to trial on thi8 [indicate appropriate) (indictment
~m~.blt) within the time specified in Article IV(c) of the A9~eement.
In orde~ that proceedings in this matter may be p~operly had, I hereby request temporary custody of
such per$ons pursuant to Article IVta, of thm Agreement on Oat4ine~e.
Attached herewith find in triplicate:
a. Certifier;! copies of the complaint, infor:m.ation or indlctment
b. Certified copies of the warrant
c. Certified copies of ~tngerprints, photographs or_physica~ desc~iption
I l)ereby agree tnat immediatlllly after trial h completed in this jurisdiction, t will return the prisoner
directly to you 0: allOW any juriediction you have d~siqnated to take tempQrary custody. I agree dlso
to complete rorm IX, The Notice of Dis osition of a Detainer, immediatel .fter trial.
Printed Name and Signatu~ : ~. Title t ~ . Date
'= \\ON ~. tv'\ PI +"-.\$ - ----- CRil\,dNA.1 J)is ~~ 011 No" J.l~ J 20"
Address: Ci ty/State: "1--=7 4t!- s;- Telephone No.:
LP4 S" ltJ..t-","s+<-ed \..l..-e'oN\.ps--be~'J )-r. ~.:XItS q-=l'1. - 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Michigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges. and/or ('f'\""'''''":-'''-
presently pending in this jurisdiction, within a reasonable period of time not·
'\.t 1. tJ \.. S -1-; ,
V
ct
f.-- tki(lc'e ;~ (\c\; (:')
Respectfully Submitted, ~
.~ , r'
(,\c'·'·v \
\\t (e~ \
~~ Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 9203 I
CERTIFCA TE OF SERVICE
1 hereby certify that a copy of this document ,vas mailed to the office of t -)"
prosecutor for this jurisdiction, addressed as below.:
D\S.1f't e-t AlforV\f.- L{
l5 4~ G~ ~kc.d . 1. You are charged with the offense of eAPIT AL MUR.DER MULTTPLE. An affidavit, or complaint,
clYu-ging you with this offense (has) 0- aM-) been filed with the appropriate court.
(-I) 2. You have the right to remain silent, the right to have an attorney present during any interview with
pqilce officers or attorneys representing the state, and the right to terminate that interview at any time.
(J) 3. You are not required to make any statement. Any statement made by you may be used against you in
cc#m.
(oJ> 4. You have the right to retain or hire an attorney. If you are unable to employ an attorney, you have
the right to request the appointment of an attorney by completing a fmancial assessment fonn. This form is
available for you to complete at this time, and assistance in filling out the form is available if necessary. You
m y be ordered to reimburse the cost of that attorney if you are found guilty of the offence.
( .
( 6: Are you currently out of jail on bond on any other charg~s? Yes or®:circle one)
Charge; County:_ _ _ _ _-7"'~---
( 7. Are you currently on probation or deferred adjudication? Yes 0 (circle one)
( 8. Are you currently on parole? Yes 0 0 (circle one)
( 9. Are you requesting the appointment of an attorney at this time Yes r No (circle one)
(". 10. Are you a United States citizen@rNo Ifno, Do you want us to contact your
consulate? Yes or No (attach correct paperwork) .
(1~:r~,
~Sf#:~llf,e Magistrate's Signature
d' Pit(
Official Title
The Magistrate determines that the defendant (does/ae88oMt),_____ speak the English language. The
Defendant (+.t-8r is not) deaf.
Interpreter (If needed) Name:_ _ _ _ _ _ _ _ _ __
Address: _ _ _ _ _ _ _ _ _ __
----------------
Phone: date: Time:
------ ------
BOND AMOUNT
- .. _-_._--
Cause No. 11~01-13703
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
lllackIMale DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS· GREETINGS;
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep 50 that yOu have him/ber before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MUtTIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
SHERIFF'S RETURN
CAMETOHANDth~ dal:Of~~~ ,a~aiJ~O o'clock
...,jL.m:., and executed by arresting UlY"'tJ:,; ~ L:. _
At V.CJ",..".1L.t Ct;.. •in ' COU~Texas, and placing
him/her in the waiter County Jail on the
;'0) 1. • dJdl day of ----.;-.....;:::...::w------,
I actually and necessarily traveled miles in the service of tbis writ, in
addition to any otber mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest
Mileage miles
G ~ "'~ County, Texas
trJ~
, Sheriff
TaldngBond
Commitment
31
Cause No. 11-01-13703
THE STATE OF TEXAS IN THE DISTRICT CO
VS.
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
BlacklMale DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MULTIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
W ALLER_ COUNTY, T XAS
BY·c/e':';"/~~~~----
SHERIFF'S RETURN
CAME TO HAND th~ dal. of ~ ,c:a.'n., at J~ 0 o'clock
~.~., and executed by arresting Uocn~ (;.1& /"
Al V:d-.,cY' l~-J CtA.. , in Cou~xas, and placing
himlher in the Waller County Jail on the d3dl day of __
~---='--"'J-_ _ _ _ __
SUI' .
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest G ~ Sin.~ , Sheriff
Mileage miles vJ~ County, Texas
Taking Bond
Commitment By: (~)'L,A
~uty
Cause No. 11-01-13703
THE STATE OF TEXAS IN THE DISTRICT COURT
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT
PRECEPT TO SERVE COPY OF INDICTMENT
TO THE SHERIFF OF WALLER COUNTY - GREETING
YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE
LASKER, the defendant in Cause No. 11-01-13703, wherein the State of Texas is
Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the
accompanying certified copy of the original indictment charging him/her with
CAPITAL MURDER MULTIPLE now on f'Ile in said Court.
HEREIN FAIL NOT, but of this writ make due return as the law directs.
GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
SHERIFF'S RETURN
CAME TO HAND THEU day of---"-----"-'f--_ _, dlJ , at-l-
o'clock..Jl. M. and executed by delivering the anying certified copy of
IndictmeM No.' ,..\\l-1PUto " , the
defendant herein, in person, at 0' oCk--fL.M. on the day of ~
~!1
GLENN SMITH, SHERIFF
WALLER COUN , TEXAS
BY: __~~~________
33
Cause No. 11-01-13703
STATE OF TEXAS § IN THE DISTRICT COURT OF
§
v. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506 TH JUDICIAL DISTRICT
ORDER APPOINTING COUNSEL
Offense: eAPITAL MURDER
The defendant having made application to the Court for the appointment of an attorney,
and the defendant represented through an affidavit or testimony or information received of
indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment
of counsel in this cause of action.
Therefore, the Court hereby appoints:
REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES
P.O. Box 2097
Lubbock, Texas 79408-2097
806-775-5660
to represent the Defendant through the trial of this matter. Representation through any appeal to
the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later
date.
Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel
and counsel for the State.
Dated: June 4, 2013.
ALBERT M. McCAIG,
506th Judicial District
orig: Waller County District Clerk
cc: Waller County District Attorney
cc: Waller County Sheriff's Department
cc: Attorney
cc: Defendant % Waller County Jail
Cause No. 11-01-13703
STATE OF TEXAS § IN THE DISTRICT COURT OF
§
v. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER APPOINTING COUNSEL
Offense: CAPITAL MURDER
The defendant having made application to the Court for the appointment ofan attorney, and
the defendant represented through an affidavit or testimony or information received of indigence, the
Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this
cause of action.
Therefore, the Court hereby appoints:
Frank Blazek
Attorney at Law
1414 11 th Street
Huntsville, Texas 77340
936-295-2624
to represent the Defendant through the trial of this matter. Representation through any appeal to the
Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date.
Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and
counsel for the State.
Dated: June 6, 2013.
/U~/
/~ERT M. McCAIG,
th
506 Judicial District
orig: Waller County District Clerk
cc: Waller County District Attorney
cc: Waller County Sheriff's Department
cc: Attorney
cc: Detendant % Waller County Jail
35
--_":'<
u-'
CAUSE NO. 11-01-13703
~~ j~
-:1
IN THE DISTRICT-(cOUR1YOF
--':"}'--
:,-:-,~'
THE STATE OF TEXAS §
§
I ---- ~~
VS. § WALLER COUNTY, ' T E x:.A S
-.J .;-:
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
DEFENDANT'S WAIVER OF ARRAIGNMENT
AND ENTRY OF PLEA OF NOT GUILTY
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now DOMINIQUE DONTAE LASKER, Defendant herein, by and through his
attorney of record, FRANK BLAZEK, and submits this his Waiver of Arraignment and Entry of
Plea of Not Guilty.
Defendant herein waives the arraignment required.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) ,23l8j~erJ
By _____________________
Frank Blazek
State Bar No. 02475500
WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY PAGE 1
C:\FB\CRJM_K.O\La.o;ker.DD.BI075\II.OI.13703 CM\Waiver of ArTaignmenl.wpd
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Waiver oj,
Arraignment and Plea of Not Guilty has been forwarded to opposing counsel on this the (~=ih
day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:
Elton Mathis
Criminal District Attorney
846 6th Street, Suite I
Hempstead, Texas 77445
Frank Blazek
WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY PAGE 2
C:\FB\CRTM_K.O\Luker.DD.B1075\ll-OI-13703 CM\W::liv~r of Arraignmcnl.wpd
37
CAUSE NO. 11-01-13703
CAUSE NO. 1l-01-13704
CAUSE NO. 11-01-13705
..
THE STATE OF TEXAS. § IN THE DISTRICT COUR'J:-OF /
--J
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
MOTION FOR APPOINTMENT OF ATTORNEY AS
CO-DEFENSE COUNSEL
TO THE HONORABLE JUDGE OF SAlD COURT:
NOW COMES Defendant, DOMINIQUE DONTAE LASKER, by and through his
court-appointed counsel, and moves the Court to appoint an attorney to assist as co-counsel in
the defense of the above-referenced matter, and in support thereof would show the Court the
foHowing:
(1) The Defendant has been charged with Capital Murder and Murder (2 counts).
(2) The undersigned counsel was appointed by Judge McCaig on June 6, 2013, to
represent the Defendant.
(3) The State has not indicated its intent to seek the death penalty. If convicted,
Defendant could be required to serve as much as life in prison. The case appears to be complex.
Based on preliminary information from the prosecution it is expected that evidentiary issues
likely to arise include: (1) custodial interrogation of the Defendant; (2) mental health problems
suffered by Defendant; (3) extraneous offenses; and (4) D.N.A. It is necessary for the
undersigned counsel to have the assistance of an attorney as co-counsel to adequately represent
the Defendant.
MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL PAGE 1
C:\FB\CRJM_K-O\Lasker.DD.81 075\Motion for Co-Defense CounseWO I .wpd
(4) The undersigned counsel has conferred with William F. Carter, State Bar No.
03932800, 108 E. William J. Bryan Parkway, Bryan, Texas 77803-5334, 979-779-0712, who
has indicated his availability and willingness to serve as co-counsel. William F. Carter is an
experienced and competent criminal defense attorney.
WHEREFORE, PREMISES CONSIDERED, Applicant prays that this Honorable Court
will appoint William F. Carter as co-defense counsel in the above-referenced matter.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
/1
(936) 294-9784 [Tel
By ____________________
Frank Blazek
State Bar No. 02475500
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregOing Motio,! for
__
Appointment of Co-Defense Counsel has been forwarded to opposing counsel on this the ....:..1-"'~
day ofJuly, 2013, by U.S. Mail, postage prepaid, and addressed as follows:
Elton Mathis
Criminal District Attorney
846 6th Street, Suite 1
1](>1
Hempstead, Texas 77445
Frank Blazek
MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL PAGE 2
C:\FB\CRlM_K·O\Lasker.DD.8107S\Motion for Co· Defense Counsel.OO I.wpd
CAUSE NO. 11-01-13703
CAUSE NO. 11-01-13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER APPOINTING ATTORNEY
BE IT REMEMBERED, that on the of ~~ay ,20l3,
came on to be considered the above and foregoing Motion for Ap' ointment of Co-Defense
Counsel. After consideration of the same, it is the opinion of t e Court that Defendant's
Motion be:
~ GRANTED, and WILLIAM F. CARTER, an attorney found by the Court to be
competent, is hereby appointed to represent the Defendant as co-defense counsel until the trial
of this case is concluded, or until released by written order of this Court.
() DENIED, to which ruling the Defendant excepts.
SIGNED: -:M7 (~ flo/?
JUDGE PRESIDING
C:\FB\CRJM_K-O\Lasker.DD.BI075\Motion for Co-Defense Counsel.OO I.wpd
No. 11-01-13703
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
STATE'S NOTICE OF INTENT TO SEEK DEATH PENALTY
COMES NOW, the State of Texas, through the undersigned Waller County Criminal
District Attorney and does hereby give notice to the Honorable Court and to Counsel for
the Defendant, Dominique Dontae Lasker that the State of Texas intends to seek the
death penalty in the above styled and numbered cause.
Respectfully Submitted,
Elton R. Mathis
Criminal District Attorney
Waller County, Texas
TBN 24014568
645 12th Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
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NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506 th
Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was
served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first
class U.S. Mail and by facsimile transfer.
Elton R. Mathis
~
11-01-13703,11-01-13704 and 11-01-13705 -
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DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the undersigned district attorney of Waller County, Texas, in the above-
entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for
good cause shows the following:
1. This motion is filed under Article 39.14 ofthe Texas Code of Criminal Procedure.
2. This motion requests the following information which is known by the attorney
for the defendant: the name and address of each person the defendant may use at
trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of
Evidence.
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays that this Honorable
Court will grant this Motion for Discovery of Expert Witnesses, or in the alternative, that this Court
will set this matter down for a hearing prior to trial on the merits and that at such hearing this motion
will be granted.
.espeetf~~!:m1i·tted,
Elton R. Mathis
District Attorney
Waller County, Texas
NOTICE OF HEARING
th
Please be advised that the foregoing Motion is set for hearing before the 506 Judicial
District Court of Waller County, Texas on septemb~.m.
~
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was served on
opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and
by facsimile transfer.
~Elton R. Mathis
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
VS. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby
ORDERED that such motion be, and hereby is, GRANTED as to those things requested.
It is further ordered that the attorney for the defendant furnish counsel for the State the
requested infonnation on or before the 30th day before trial pursuant to Article 39.14 of the Texas
Code of Criminal Procedure, at the District Attorney's Office, or at such other time and place as the
parties may agree.
SIGNED this the _ _ _ day of _ _ _ _ _ _ _ _, 2013.
Judge Presiding
~
11-01-13703,11-01-13704 and 11-01-13705 CJ
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THE STATE OF TEXAS §
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DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
STATE'S FIRST MOTION FOR CONTINUANCE
Now comes the State of Texas, by and through her Waller County Criminal District Attorney,
Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as
provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article
51.14 of the Texas Code of Criminal Procedure and would respectfully show:
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11, 2010 in Waller County, Texas. The indictments were signed on January
27,2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On information and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
causes on or about May 24, 20l3.
5. The Defendant appeared before this Court for the firsttime on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defender refused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th, 20l3.
7. The Defendant waived arraignment and entered a not guilty plea on July 15th, 2013.
8. The Defendant requested and was granted additional counsel on July 18th, 20l3.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th, 20l3.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
counsel.
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13. To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's file.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's file.
15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense counsel was requesting
'(1
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of state witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
19. The first assistant criminal district attorney is scheduled for hip replacement surgery
on September 3rd, 2013. Recovery time is anticipated to be up to eight weeks. This
surgery has already been rescheduled once so that the attorney would be able to try The
State of Texas v. Taylor McShan. The first assistant has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
'If
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or any time in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code a/Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impermissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas and!or Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple fonnula
that applies equally to Class C Misdemeanors and Capital Felonies. The determination
of when a case is ready for trial is in the province of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be
granted and this cause be set at a later date.
Respectfully Submitted,
~ Elton R. Mathis -----
Criminal District Attorney
Waller County, Texas
TBN 24014568
645 12th Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th Judicial
District Court ofWaIler County, Texas on septembzou~.m.
~~R:;:;;.~M;:a~thi~·s~=========---
CERTIFICATE OF SERVICE
a _
I do hereby certify that a true and correct copy of the foregoing document was served on
opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and
by facsimile transfer.
Elton R. Mathis
$0
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DO:MINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis,
Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is
being subscribed to the foregoing State's First Motion for Continuance, and who after being duly
sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that
the statements therein contained are true and correct to the best of his knowledge.
~ Elton R. Mathis
Given under my hand and seal of office, this the ~of-l--..y.p~'i\;;T-.L-~'
5/
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthennore, this cause is set for trial on _ _ _ _ _ _ _ _ _ _ __
Judge Presiding
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DIS
VS. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
STATES MOTION FOR COMPETENCY EXAMINATION
COMES NOW, the State of Texas, through the undersigned District
Attorney and moves this honorable Court, in accordance with the provisions
Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to
appoint a suitable expert to examine the Defendant and make written report
to the Court, without delay, as to the competency of the Defendant to stand
trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11,2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing.
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something ''wrong'' with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
53
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
Respectfully submitted,
District Attorney
Waller County, Texas
SBN: 24014568
ORDER
THIS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints , to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:
--------------------
Judge Presiding
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th
Judicial District Court of Waller County, Texas on September 9,2013 at 4:30 p.m.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was
served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first
class U.S. Mail and by facsimile transfer.
(
11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER §
STATE'S FIRST MOTION FOR CONTINUANCE
Now comes the State of Texas, by and through her Waller County Assistant Criminal District
Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and
numbered cause as provided under Article 29.03 of the Texas Code ofCriminal Procedure, and as
allowed by Article 51.14 of the Texas Code o/Criminal Procedure and would respectfully show:
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11, 2010 in Waller County, Texas. The indictments were signed on January
27, 2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On information and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
causes on or about May 24, 2013.
5. The Defendant appeared before this Court for the fIrst time on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defender refused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th , 2013.
7. The Defendant waived arraignment and entered a not guilty ple'a on July 15 th , 2013.
8. The Defendant requested and was granted additional counsel on July 18th , 2013.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th , 2013.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
counsel.
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13. To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's fIle.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's fIle.
15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis
I
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense counsel was requesting
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of state witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their 'case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
19. The undersigned attorney is scheduled for hip replacement surgery on September 3rd,
2013. Recovery time is anticipated to be up to eight weeks. This surgery has already
been rescheduled once so that the undersigned attorney would be able to try The State of
Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or anytime in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code o/Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impermissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas and/or Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple formula
that applies equally to Class C Misdemeanors and Capital Felonies. The determination
of when a case is ready for trial is in the providence of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be
granted and this cause be set at a later date.
59
.R~LS~
Frederick A~~ards
Assistant District Attorney
Waller County, Texas
TBN 06435100
645 12th Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF·
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Frederick A.
Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person
whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after
being duly sworn on his oath states that he has personal knowledge of the facts relied on for the
Motion and that the statements therein contained are true and c~ ~ge.
Frederick A. Edwards
Given under my hand and seal of office, this the _ _ day of _ _ _ _ _ _, 2013.
Notary Public in and for
Waller County, Texas
hi
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthermore, this cause is set for trial on _ _ _ _ _ _ _ _ _ _ __
Judge Presiding
.'
No. 11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
GJ
-<
VS. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY
--t
-< -0
:3:
STATES MOTION FOR COMPETENCY EXAMINAT~ON :;
w
COMES NOW, the State of Texas, through the undersigned Assistant
District Attorney and moves this honorable Court, in accordance with the
provisions Art. 46B.005, 46B.021 and 46C.I04 of Texas Code of Criminal
Procedure to appoint a suitable expert to examine the Defendant and make
written report to the Court, without delay, as to the competency of the
Defendant to stand trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11,2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing.
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something "wrong" with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
Res~
rederK ~wards
Assistant District Attorney
Waller County, Texas
SBN: 06435100
ORDER
TillS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:- - - - - - - - - - -
Judge Presiding
(
11-01-13703, 11-01-13704 and 11-01-13705
CP ~
-< -c....a
THE STATE OF TEXAS § IN THE 506th DISTRIC ~
• G'>
o~~W
v. COURT OF ~ 0
S -0
-< :;
DOMINIQUE DONTAE LASKER § WALLER COUNTY,- TE S N ..
STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
TO THE HONORABLE mDGE OF SAID COURT:
COMES NOW, the undersigned assistant district attorney of Waller County, Texas, in the
above-entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and
for good cause shows the following:
1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure.
2. This motion requests the following information which is known by the attorney
for the defendant: the name and address of each person the defendant may use at
trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of
Evidence.
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays that this Honorable
Court will grant this Motion for Discovery of Expert Witnesses, or in the alternative, that this Court
will set this matter down for a hearing prior to trial on the merits and that at such hearing this motion
will be granted.
Assistant District Attorney
Waller County, Texas
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
VS. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby
ORDERED that such motion be, and hereby is, GRANTED as to those things requested.
It is further ordered that the attorney for the defendant furnish counsel for the State the
requested information on or before the 30th day before trial pursuant to Article 39.14 of the Texas
Code o/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the
parties may agree.
SIGNED this the _ _ _ day of _ _ _ _ _ _ _ _ , 2013.
Judge Presiding
(
'CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§ co __
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL ;-DISTmC~
~ ~o
~ rrlu;
MOTION TO DISMISS " ;<:)-1
(")::O""Tj
r oc=;-
I..D c--ir
TO THE HONORABLE JUDGE OF SAID COURT: z f"T1
" --ieJo
::1i: :-< ~
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by an through h~~
CJ ~
U1 .-
attorneys of record, and submits this his Motion to Dismiss and for cause would show the Cou{t')
the following:
1. The State of Texas obtained an indictment for Capital Murder in this cause in
January 2011. Waller County placed a detainer on Defendant while he was serving time in a
federal prison. Defendant requested a final disposition to the indictment which was the basis
of the detainer under the Interstate Agreement on Detainers (IADA), Art. 51.14 Texas Code
of Criminal Procedure. Such request also demanded a speedy trial under the constitutional
provision of the Sixth, and Fourteenth amendments of the United States Constitution.
2. More than 180 days have passed since the District Attorney and the Prosecutor
received Defendant's written notice and request. The District Clerk of Waller County received
the request on July 16,2012. Defendant contends that the District Attorney of Waller County
received the request on or about that day as well.
3. No delay has been. sought by the Defendant. The Court has not found that good
cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite
the passage of over 180 days.
MOTION TO DISMISS PAGE I
C:\FB\CRIM_K-O\Lasker.DD.8107S\11.01.13703 CM\Motion to Oismiss,OOI.wpd
&7
(
See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that
an action on the indictment ... on the basis of which the detainer has been
lodged is not brought to trial within the period provided in ... Article IV hereof,
the appropriate court of the jurisdiction where the indictment ... has been
pending shall enter an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect.")
Davis v. State, 345 S.W.3d 71, 75 (Tex. Crim. App. 2011).
4. Defendant is entitled to have the cause dismissed under both the IADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
~
By __________~-+----__
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
MOTION TO DISMISS PAGE 2
C:\FB\CRIM_K-O\La.skcr.DD.81075\J 1·01·1.']703 CM\Mnlion 10 Oisthiss.OOI.wpd
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion for
Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of
September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO DISMISS PAGE 3
C:\FB\CRIM_K-Q\Lasker.DD,SI075\ll.Ol-13703 CM\Motion to Dismiss.OOl.wpd
CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, coT E XA S
§ -< ~ ~
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DIST~Cn=~
rTt rr1 <:n
Cl -u:;:.)-I
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENC~ I ~~'l
c r U) ~-Ir
TO THE HONORABLE JUDGE OF SAID COURT: ~ >0 ~ ~~8
.r:- -I::::J
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and throu~ hiS.:A
(1)
attorneys of record, and submits'this his Motion for Disclosure of Favorable Evidence, and for
cause would show the Court the folIowing:
1. The State of Texas and its prosecutors have a duty to disclose favorable evidence
to the defense. Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).
It should be noted that the definition of favorable evidence is very broad and includes
evidence that is mitigating, even if it does not exculpate. The subject evidence in the Brady case
was merely mitigating.
2. The State of Texas and its prosecutors have a duty to disclose any evidence
suggesting that Defendant is not competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697
(Texas Court Crim App. 1979).
3. In this case Defendant is entitled to relief under the Interstate Agreement on
Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to
relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments
thereto relating to a speedy trial. Defendant is entitled to production of any evidence that
would support such claims.
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE I
CIFSICRlM_K.OlLasker.DD.8 107511 1·01·13703 CM\Brady.OOl.wpd
70
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the District Attorney of Waller County to disclose any favorable evidence to counsel for
Defendant, instanter.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 II th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
BY __~~__- T__-'~____
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2
CIFBICRIM_K-OIL"k.,.DD.81 075111-0 1-13703 CM\Bcady.OO I.wpd
'Ii
Certificate of Service
I do. hereby certify that a true and correct copy of the above and foregoing Motion for
to
Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the ti'tAday
of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 3
C:IFBICRlM_K.Ou..,k".DD.81075111.01.13703 CMIB,ady.OOl.wpd
CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
On this day came on to be heard Defendant DOMINIQUE DONTAE LASKER's Motion
for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above
and the time for such discovery to be completed by the prosecution is set at ___ o'clock
.m., on _ _ _ _ _ _ _ _ _ _ _ , 2013. Such disclosure shall be made in writing by
delivering said writing to Defendant's attorney of record. IT IS SO ORDERED.
SIGNED and ENTERED. this the _ _ day of _ _ _ _ _ _ , 2013.
JUDGE PRESIDING
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 4
CIFBICRIM_K-OlLaske,.DD.R 1075111-01-13703 CM\B .. dy.OOI.wpd
13
Cause # jI~O /- J )1D3
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS § WALLER COUNTY, TEXAS
bOlV\i~e DuJae- La6W l S06TH JUDICIAL DISTRICT
STANDARD DISCOVERY ORDER
STATE IS ORDERED TO FURNISH:
I. A list of all anticipated trial witnesses, to be supplemented as others are discovered.
2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made
pursuant to Art. 38.22 C.C.P.
3. Inspection of:
a. All items seized from the defendant, any co-defendant or accomplice.
b. All physical objects to be introduced as part of the State's case.
c. All documents, photographs and investigative charts or diagrams to be introduced at trial.
d. All contraband, weapons and implements of criminal activity seized or acquired by the State or its agents in the investigation
of the alleged crime.
e. All records of conviction which may be admissible in evidence or llsed for impeachment of the defendant.
f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent
fingerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc.
4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or
other cooperation with regard to the alleged offense.
S. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses.
6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness
by the State.
7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all
examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints.
8. Inspection of all business records or governmental records expected to be introduced by the State.
9. All exculpatory evidence pursuant to Brady v. Mary/and and related cases.
10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the
possession of the investigating officers or other agents of the State. Reasonable inquiry by the State and the defense is required.
II. In appropriate cases, the State is encouraged to furnish offense reports and witness statements in addition to the above items. However,
such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the
contents are exculpatory. Such statements and reports must be tendered to the defense for cross-examination on proper request under
Gaskin or related requirements.
12. In the event that photographs, diagrams or models are prepared as 'J ury aids" at the direction of the State's attorneys before trial, such
items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof.
13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature of the discovery herein
ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered.
In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only
matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such
motion shall describe how the additional discovery differs from this Order.
The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL
SHALL PICK UP DISCOVERY AT THE DISTRICT ATTORNEY'S OFFICE ON OR AFTER SUCH TIME. The Defense shall exercise
reasonable diligence in contacting the State's attorney to arrange a mutually convenient time for the appointment.
The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days
after discovery is completed.
ORDERED and ENTERED this ~_ day of ~
CODies: White - Clerk Yellow - State Pink - Defendant's Attorney 11(
Cause No. [ (-U I ~ L31DS
STATE OF TEXAS J l--f)I-/ 310'1 IN THE DISTRICT COURT
v.
/J~D/-/
§
3705 WALLER COUNTY, TEXAS
bOfY]ihqf-e. Don-k usker ~ 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. /1- 4-1.3 I 10:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.c.P., Art. 28.01.
3. 1:30 p.m. HEARINGS & BENCH TRIALS
4. On or before to-days before Pretrial Hearing Date all C.c.P., Art. 28.01 matters must be filed or will be considered waived.
5. 10:00 a~m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. ~ ---0< ~ - / Lj" 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _---Let_/-_q:.-_' /'----'~""'__
./
Defendant's Signature Counselor Defendant 51 az.eJL Counsel for State
Copies: White--Clerk Yellow--State 1.5
:E
~ );-
c::::; c:C'
,_
o ('l(/)
(/ »-1
CAUSE NO. 11-01-13703 -I .:;:;0'1
W ·'2D.
-0 oz-l01
THE STATE OF TEXAS § IN THE DISTRICT OUR1:DF~po
-< :
_ X ---i?J
M
§
- M~
VS. § WALLER COUNTY, \ T E X·A S~-<
§
\
!
0 >
(")
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
FIRST AMENDED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would
show the Court the following:
I. The State of Texas obtained an indictment for Capital Murder in this cause in
January, 2011. Waller County placed a detainer concerning this cause on Defendant while he
was serving time in a federal prison. Defendant has twice requested a final disposition to the
indictment which was the basis of the detainer under the Interstate Agreement on Detainers
(!ADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy
trial under the constitutional proviSions of the Sixth and Fourteenth Amendments of the United
States Constitution.
2. More than 180 days have passed since the District Clerk and the Prosecutor
received Defendant's written notice and request. The District Clerk of Waller County received
the request on July 16, 2012. The District Clerk of Waller County received a second such
request on February 8, 2013. The District Attorney of Waller County received the two requests
on or about July 16,2012, and February 8, 2013, as well. The second request was properly
transmitted by and through the warden of the federal prison facility in which Defendant was
incarcerated.
FIRST AMENDED MOTION TO DISMISS PAGE 1
C:\FB\CRIM_K-O\LAskcr.DD,flI07S\11-01-13701 CM\Mntinn to Dil;miss,002.wpd
3. No delay has been sought by the Defendant. The Court has not found that good
cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite
the passage of over 180 days.
See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that
an action on the indictment ... on the basis of which the detainer has been
lodged is not brought to trial within the period provided in ... Article IV hereof,
the appropriate court of the jurisdiction where the indictment ... has been
pending shall enter an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect.")
Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011).
If the 180-day time period set by Art. III(a) of the IADA began running on February 8,
2013, trial should have commenced on or before August 7, 2013. If that period began running
on July 16, 2012, commencement of trial should have been on or before January 14, 2013.
4. Defendant is entitled to have the cause dismissed under both the !ADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By_1--,-'
Frank Blazek
--r---
State Bar No. 02475500
FIRST AMENDED MOTION TO DISMISS PAGE 2
C:\FB\CRIM_K-O\u.sk<>r.DD.RI075\II-OI_13703 CM\Mntinn In Dismiss.002.wpd
J7
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and for<;.goin$ First Amended
Motion to Dismiss has been forwarded to opposing counsel on this the ::J~ {,~ay of October,
2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
FIRST AMENDED MOTION TO DISMISS PAGE 3
C:\FB\CRIM_K.O\Lasker.OD.8107S\II-OI.13703 CM\Molion 10 Oismiss.002.wpd
CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ day of _ _ _ _ _ _ _ , 2013, came on to
be considered the above and foregoing Motion to Dismiss. After consideration of the same, it
is the opinion of the Court that Defendant's Motion be:
() GRANTED, and the indictment is hereby dismissed with prejudice.
() DENIED, to which ruling the Defendant excepts.
SIGNED: _ _ _ _ _ _ _ _ _ _ , 2013.
JUDGE PRESIDING
C:\FB\CRIM)<.O\Lasker.DD.81075\II.OI.13703 CM\Motion to Dismiss.002.wpd
19
Cause No. 11'-01- 13'705
STATE OF TEXAS § 1~'lO+ IN THE DISTRICT COURT
§ l ~'705
v. § WALLER COUNTY, TEXAS
tom j t:l41{t'. DM±tr:. j ~ke/ §
§ 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2.
1:0lJ
-10:09 A.ill. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.c.P., Art. 28.01.
tJ· DO I ·
3. I /0- /~"
~-
! j /
~
/
HEARINGS & BENCH TRIALS(JU~
4. On or before to-days before Pretrial Hearing Date all C.c.P., Art. 28.01 matters must be filed or Will~~.
5. 0<- /Lf--J'-i I 10:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a triaI is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: ___ \_-_4_-_I~.....ooc:...-_ _ _ _' replacing prior Scheduling Orders.
1,-'
Defiaant's srgDature
nlYl
Counsel for Defendant
d~
Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
~ \
Copies: White--Clerk Yellow--State Pink-- Defendant Gold--Defendant's Attorney
I
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-
CCI~t
645 12th Street
Hempstead, lexas 77445
Elton R. Mathis
Criminal DistrictAttorney
VValier County
November 18, 2013
Mr. Frank Blazek
1414 11th Street
Huntsville, Texas 77340
In Re: State of Texas v. Dominique Dontae Lasker
Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705
th
S06 Judicial District Court, Waller County, Texas
Delivered by FAX and by Certified Mail receipt # 7002 3150 00003033 7222
Dear Mr. Blazek,
Please find attached the State's proposed "Stipulation 0/ Evidence" consisting of a number of
attachments. I have taken the liberty of filing these documents with the Court as well for purposes of
argument in your motion for dismissal.
Fred Edwards, Assistant District Attorney
Waller County District Attorney's Office
Waller County, Texas
Enclosures
th
Cc: 506 Judicial District Court
PS
\ I
No. 11-01-13703,11-01-13704 and 11-01-13/u5
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § W ALLER COUNTY. TEXAS
§
DOMINQUE DONTAE LASKER § 506THTH JUDICIAL DISTRICT
STIPULATION OF EVIDENCE
COMES NOW, the State of Texas and the Defendant through their undersigned
attorneys and enters into the following stipulation of evidence for all purposes and all aspects of
the trial of these causes, and would stipulate as follows:
1. The State of Texas stipulates that the State received documents marked as State's Exhibit A
(consisting of eight pages) on February 8,2013.
2. The State of Texas stipulates that the State received documents marked as State's Exhibit B
(consisting of five pages and an envelope) on July 19, 2012.
3. The State of Texas stipulates that the State of Texas through the Waller County Sheriffs
Office obtained custody of the Defendant on May 24,2013.
4. The Defendant stipulates that the State of Texas sent by facsimile copies ofthe indictments
against the Defendant to Kelly Palmer, U.S.P.O., SD/CA, on October 7,2011, consisting of
five pages, marked State's Exhibit C.
5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning
necessary forms for transfer on August 31, 2012, consisting of one page marked as State's
Exhibit D.
6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden
USP, VictorsvilIe, CA forwarding completed lAD and required documents and USPS
Certified Mail Receipt card, dated January 2, 2013, consisting of nine pages and card, marled
as State's Exhibit G.
7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from
USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31,2013,
consisting of two pages and forms, marked as State's Exhibit H.
8. The Defendant stipulates to a letter from USDJ, Victorsville, CA, Corrections Systems
Officer dated April 8, 2013, received by facsimile attaching Prosecutor's certification and
lAD VI, consisting of three pages, marked as State's Exhibit F.
9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas , Texas
Administrator cover letter and lAD Form VI to Linda T. McGrew, Warden, USPO,
Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service
Receipt, marked as State's Exhibit E.
1
i
· .
10. The Defendant stipulates that the Waller County DA's Ouice received from USDJ,
Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's
Office letter of March 20, 2013, this facsimile received April 9, 2013, consisting of one page,
marked as State's Exhibit 1.
11. The Defendant stipulates that the State of Texas sent a letter to the Warden of FCC-USP,
VictorsvilIe, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May
1,2013, consisting of three pages and envelope, marked as State's Exhibit J.
Agreed to this the _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _:, 2013.
Defendant's Signature
Sworn to and subscribed before me on _ _day of _ _ _ _ _ _ _ _ _ _ 2013.
County Clerk, Waller, County, Texas
Approved:
Frank BlazekIBilly Carter
Attorney for Defendant
Elton Mathis
Criminal District Attorney, Waller County
Judge Presiding
506 th Judicial District Court
2
t?
U.S. Department of Justice
."
2D13 r"'~ Federal Bureau of Prisons
3 !"I[J:~'1
Federal Correctional Complex
Office of the CorrectIonal sysO ........'--~--I~4-!1-1.-Ao<" VIctorvIlle, CalIfornIa
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
S06 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (lADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV (a), which expires on DATE) Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI, ~
"Evidence of Agent's Authority to Act for Receiving State" (BP-A564)
and originals of the lAD Form V (RP-568) and lAD FormVl (BP-565).
The persons designated as agerlls to return the prisoner to your
State must also be the persons whose signatures appear on the form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
-
~, -
EXHIBIT
I st - A.
···
Page Two
HE: Lasker, Dominique Dontae
Hegister No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article Vie) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
(clU~
lsi D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
,
,
DP-S235(51)
i'
lAD -NOTICE OF UNTRIED INDICTMENT
US. DEPAR'l'HENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: INSTITlITION:
FCC VICTORVILLE COMPLEX
LASKER DOMINIQUE DONT AE 22867-298
Pursuant to the Interstate Agreement on Detamers Act, you are hereby mformed that the folloWIng are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge, .
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered suc hd eI'Ivery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original InrnalC
Cupy: J&C File
Ccnlral life
BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506 th JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a fmal disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for fmal disposition of all Wltried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein. and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate ofInrnate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONT AE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint cOWlsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of COWlseI
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My COWlsel is (give name) Address is: (Street, City, State, Zip Code)
@request the Court to appoint Counsel. (Inmate's Signat\lre)
/
.~
(/
Record Copy - S~IC lAD AdminislnIlor; Copy - J&'C File; Copy - Centnl File (Sect. I): Copy· ProsecutinK Official (Mail Cenified Return Receipt); Copy - Clerk of Co un
(Mail Certified Return Receipt)
BP·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDFRM
Febnllly 19 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 Director, Bureau of Prisons Complex Warden
((J..UtI--
'(' D. Wren
Correctional Systems Specialist
Record Copy - State lAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
BP·S239.0SI lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
F ebNary 1994
U.S. DEPARToMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30,2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY~ TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
infonnation or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONT AE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, infonnation or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please infonn us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Namerritle Custodial Authority:
'r~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
BP-S565.051 IAD / STATZ WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
U. S. DEPARTMENT 01' JUSTICE FEDERAL BUREAU OF PRISONS
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DOHcrNIQUE DONTAE, Federal Reqi.ter Number 22867-298 via X
LAD __ State Writ (check one), and do hereby agree to the following conditions in connection
with the request for custody of said inmate.
Condition.
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the same level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include disciplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our prosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of ,the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of Texa. I, ELTON R. MATHIS, Crimina1 Di.trict
Attorney, hereby submit the following information in connection with my request for
temporary custody of LASKER, DOHcrNIQOE DONTAE, Federal Reqi.ter Numb.r 22867-298.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined durin le al roceedings. D4~ \ C4.\.,,;-t W r.. {-" ""'1,*~
I .... 2. Scheduled date for /,trial . 8 {} 3.
K. a,.1 .".... S ... ; ~"', ~\.v~~ ~q,q) &z,",- Z"l.
C!.\"'~J .) \ ~ J
4. Name and phone number of the state agency, specific name of agent(s) who will transport
the inmate at direction of the court and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting
the inmate for the state. ""'.\\I"~•. S.O. q"'fC\01,"~ eZSz.
6. For State Writ ca ••• ~nly (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases).
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : ______________________________________________________
8. Signature of Notary Public Date
Original - J&C File, Copy - Central File ThlS form replaces BP-S565 dtd FEB 94)
e9(85/2a12 a8:35 RECORDS PAGE e2/e3
.' , .r
BP-S568.0S1 !AD FORM V - REQUEST FOR TEMPORARY ·CUSTODY CCFRM MAU1.t.O F&:B 94
U. s. DBPAM"NZNT 01' JUSTICE nD~ BORBAU or PlUSOtilS
Six copie~. Siqned copi •• mu.t be scn~ to the.p~isoner and to the official who has the pr.isoner in
custody. A copy should be sent to ~ha Aqr.~ent Administrator o! both the .ending and the receivin9
.state. Copie• • hould ba.ntained by the .,eraon tilinq the reque.t a.nd the judqe who s:i.qns the requetlt.
Prior to tran~fer under this Agreement, an Inmate may be afforded .. judicial hearing (Cuyler) similar
to that provided under the uniform Ext=adition ~ct, in whi~h the inmatQ ~y brin9 a limit~d chAllenqe
to the rec~ivinq state's raque.t.
To: (Warden-Superinten~ent-D~rector) - Ins~i tuti~n and Address 11
V.vd:;cJ .5+04 t,..s -Pel\) I {~/JfI"A':J ~ Vic. ton. v' diE" ~.C C:. J 7(-0· .Box 3'10~ Pt De 1~"1.~)oS
please be ~dvised thet (Name of Inm.ate) ))0"",,,1 N J q IA Ii ]jON 1 At:: LrtS K.t:12.. 221"f"- 2.""/ who
~
. ~;~~~y an inmate of your institution, is under (indicate eppropriate)
~d~~~:. Ic. l /-iRfematoien) (-eOlLlpnn:nt) in the (Jurisdiction)
':3 II . . , 1. vJ ~ IleV' CO~lvty /'i>(145 / of which I am the (Title of Prosecuting
Officer) j)iS-\VI.,'~t ij H O;1J\1~ • Said inmate is
therein charged with the offens s)
enumerated below: 1-
O:f'f_n.e (.) t \ - o.-f,.{
@ Cp.y~-t~1 Ml.4v.oev-l\-OI- 13 =ro .. /?C&4Jli""( J~VJ)...n\... LI-{)1-13":/Oy....jX) t,:::;CYr
I propose to br nq this parmon to trial on t II (indicate appropriate) I nd ctment
f"eOla~dllt) w1thin the time specitied in Article IV(c) of t.he Agreement.
In order tb.~ proca.dinq~ in this matter may be properly had, I hereby request temporary custody or
such paraona pursuant to ~rticle IV!., of th~ Aqreement on DetAinere.
Attached herewith find in triplicate:
a . CertiCi.d copies of the complaint, intortnat1on or indtctment
b. Certified copies af the warrant
c. Certified cop1es of !inqerprints, phocoqraph~ or physical description
I bereby aqre. that immediately atter trial is completed in th1s jurisdiction, ! will return the prisoner
directly to you or al).ow any juri.diction you have dQs1qnated to take t.mporary custody. I aqree 41so
to co let. Form IX The Notice of Dis osition ot II Detainer immediatel after tr1al.
Printed Name and Signatur : ~ _ Title t ~ . Date
~ ------- / No"v
\= \.1.,ON
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11:..
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t'..
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Address: City/State: '1-=t4'1-S;- Telephone No.:
LP'15' tl'.l.H. . s+(-td \~oe~p6-bt-c:..I~
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RFQt1ESTOR
~tm ~ '~A.;~· DomInique Dontae Lasker
_'_~_I~w..r'~
---. Authorizated by the Act of '
WITNFSS-PRISON S'I \1+ ~lE~3Ufy 7, 1955, as amended,
corlF:s: (ml(il~ ,\1 Ii' f)1~1r.IrT ,o\1R(fiMjt~{~~JW(Q4th$()~tar('( JI1/l~ 10 /If ISLI) \\HIIIU'/)I'l q '/( J(()I'H1 II II! IlIS\/IS'.-I1. Al.so: I~('II 'Ill
I)(}( I \1/ ,< I ,\ II"" I 1:')\1 1111 ( .\.,,: tJ.SIG~ ,§ 4904. \~ '.'\lW I ,>:, , /1/1. W ~f:/{ ,\ST;11F1 .oI/'i/' P. \'111/ PI ),\1/11 I· ,"01 'I~ '\1 ".: II.".:'·~ ~1\l"11 ()"I~<,,'Il.-\ 1·\
( '( ,\ //'1 '1 .\ 11"'" I'~ I" it JI . I "If' II "', y, ,1 'R "I~ ,,1/ ('/1 f '"
11 /{ I 1 1 I)'" I I
EXHIBIT
YII' I.a\\ I ,hran l'!lrms:N(lIICC~rccl"'lnal-l)l't;uncr II,,'\' 11"11 J I 5f-:B
[~THE District COURT OF __W_a_l_l_e_r_ _ COlJNTY
FORTHESTATEOF Texas [506 District]
----------~------
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION ... Pursuant to . . . . . . . . .
\'. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
, )
(Constitution, Art. VI, § 10 )
)
Dominigue Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendan t. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, D:minic:p.E D::ntae lBsker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California , on December 16 2011 Defendant has a projected release date
- ------- --'---
from federal custody on _Au-'g"'-u_s_t_ _ _ _ _ _ _ . 13 , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be. outstanding citations, warrants,
informations. charges, and/or complaints pending In this jurisdiction. Specifically:
1)_.__Capital Murder Charges ... Warrant :IF 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial. and that prosecuting
authorities armnge temporary custody under the appropriate provisions for Interstate Agrc:cment on
Detaincrs. Th~ fklCndant funhcr requr.:sts in an absence of availahility of triJI. an ;/1 ah,I"lel1f;a
resol ut ion he arrant!ed.
. \
. 1. This fv1otion is based upon the Ddendant's Sixth Amcndl11l:nt speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop{cr v. North
CarolinG, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights.
even where a defendant is held in federal prison. see: Smith l' Hooel', 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex 1'.
Michigan, 507 U.S. 43.113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia. including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.
Respectfully Submitted,
DatedJ ·9-DI t: /07 103
~iqU~
No. 22867-298
Reg.
lasker
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 9203 I
CERTIFCA TE OF SERVICE
J hereby certify that a copy of this document \~'as mailed to the office of the district attorney/
prosecutor for this jurisdiction. addressed as below.:
D'S1f'C Ct 4t1-o(V\{. L{
l> l\ to G\~, S. \\ (. C I ':) L.1I \ t'
1\ £: h \ p,\,"\ c ~J. 1 x.) '7 7 t.j ~-5
Datc:' ~O, ~ I 07 /3
~ - .. ~~------
. Dominique Dontae Lasker
~
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USP/FCC, at Adelanto, California, on this ~ day of
\""\lr-____, 20
=""-,-",\M.J"""""".;....'
_ _ _'-.:....\...t..LA..=- 12 ,with sufficient postage affixed. It would be
\
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1) . District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNTY
Heapstead, TX 77445-4673
~'~
D;ique D ~Lasker~ =
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VII' Law Library Formsl Certificate ofSc:rvlce (Rc\'. HilI)
· ,
VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO, .: 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . ,: 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1"" ..... , ... : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS .. , .. : F61-119L
DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR T~~'S CYRRENT CQM~TMENT.
THE INMATE IS PROJECTED FOR RELEASE:C08-13-2019 VIA GCT REL "
~ --
----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------
COURT OF JURISDICTION . . . . . . . . . ,.: CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMBER. , .. , . . . . . . . . . . . . . . : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010 ---------------------------
OFFENSE CODE .... : 551
OFF/CHG: 18:2113(A),(D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT. 1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW .
..,jill:: ••
~~. Dominique Dontae Lasker I/I~""
.S;'J ·~·t:.:.rmplete Ilem. 1. 2. and 3. Aleo complete
item 411 Reetrlcted Delivery I. daeirlQ,
I Print your name and addreaa on Ihe rev.,..
so that we can rwtum the card to you. I"';. B. RMIIWd
I Attach thl. card to the back at the mallplac:e, .
or on the front It space pennlt-.
D. I, dIIIIIry add!-. dlfI'wwIt fn:m Item 11 VIe·
I' Vea. ...._ dlllYery ~ beIowI:. 0 No
7012 1010 0001 9924 2234
corn.tIo R8Iim Rec:e/pV'.
- -- ' .~,
ID9
UNITED STATES POSTAL SERVICI!.
IIIIU
~4454-$-,-. --~-I-'II-ll-'I'-II'-I'-II'-h'-'~-'I-IIl-~l-lh-~-,.l~II'~'I~~'~lli~lt.~,U~'I~lb~111-~~:·-.~--~o·
!I£)
·,
645 12th Street
Hempstead, exas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
'lValler County
April 17,2013
Texas Administrator - lAD
c/o Ms. Donna Bell
P.O. Box 99
Huntsville. Texas 77320
1h
RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 Judicial District Court
of Waller County. Texas
Dear Ms. Bell:
It was a pleasure speaking to you earlier today. I am enclosing lAD Fonn VI for the
return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr.
Lasker is currently serving time in a federal prison facility in California for bank robbery. Do
not hesitate to contact me with any questions or concerns you may have or if you need further
documentation.
Sincerely yours.
5;;:;?~
Elton R. Mathis
Waller County District Attorney
Enc.
..... T .. -
iIP-AO')fi4 lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDfRM
ill'R 10
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Five copies. All copies, with original signatures by the Prosecutor and the Aqents,
should be sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
Ilse in establishing their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Agent's Authority to Act for Receiving State
To: (Administrator and Address) ~~c.. .. l.' S ~
~..J4. -r: ~(!.~r~ ~..,.J.c,...
J 1>.0. Be, i- -rIf" 0
" ~,. \I d 1~
,. Co ~A
Inmate (Name and Register No.) is confined in (Institution and address)
J...~'5\.(r) VD"'~':"I"~e. Do~e. Fl!.C. " ~ c..-t-o, "\ \\e., 6""f \~'f. - uS ~
P.o. 1;0 'f- '5' J{D 0
~()lS~,- zq~ 4~+() C
~nrl 11 b~ t.:1kclI i l l l u c.:USt0Uy dt .::;aid Inscitution on (date)
wi for
re turn to the Coun t y 0 f _ _ _ _W~r_;_A~~;;.;;k.=E~K.~----------------, S tate 0 f
Texlt S '- for trial. In accordance
with Article V(b), of said Agreement, I have designated:
gent's Name and Department Represented
~£rf= 1ly,U>J &ssd:
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated prosecuti~cial's Signacure
--- zOI'3 ~~V1-- -. .i>.t4 .
I I/-
a.
b.
d. City/Statra -
a. rel.phon~ No -
Ik
lt4 ,s -"
~ r(.
c.
sv1dence or Aqent'. Aut~or1ty Continued
To: (Warden-Superintendant-Director)
}...,4 -r: cJpa,rA.~. ~...,~ I'-
In accordance with the above repreeentat10tl8 and the provi~1ons of the Aqreemrant
on Detainer~, thea persons listed above Mre hereby d •• iqnated as Agent. for thra
Stat«l ot TEr)(R S to return
(InlI!a te' s Name ~. <1. I}fq1.lter No.) J..&$'tYF&Jl DCta1S~v& "Dor-/r;{rf
d~B#~_~l' to the county of >e-/81,Ug ,Stau of
__ ~ , tor trial.
At the ~~t1on o~th. trial (rnmate) I-ASJ4{1i!. Pof¥\:r~r:61t.J0/10 39';1d
,.
.
•
CoacIl.Cioa d r.ud will US::M
a. Agree that said 1aJD4te will be provided ••~eteepin9, cu,tody, an itC ~ sallie left! ~f ! .._
reapon.1Dl1ity for th.t custody to includ8 provic1inq the in.au W ,....~
~.cur1ty ~.qu1red by Bureau of Pri.on. Pollcy. •
b. Agre. to repart to the Bureau of PriGons ADy probl..s " t ed with ui.d iZUD&at,
assQC~ .. 0
~e.Mftte
include di.cip11nary probl"' 6 medical ~genci •• , suicide attempt, e~cape or a- ~ .
escape or any o~r proble. arising duriDq ~tment.
c. AQree not to relea.e .aid inm&~e on bail o~ bond or to caa.it thea to an in!t1tut1on to
.arvica ot any aent.nce tmpo.ed in conn.c~iOD with our pro •• cution.
d. Aqr•• to returD said inm.te ~o tha federal inatit~~ion from wbicb ~hey were obtained at
the conolu.ion ot the 1nmate'8 appearanc. in the proceeding tor wDich oD~ned.
e. Afgr.e to notify the local jail authority o~ tbe respons1bl1ity to return the inmate to
eder.l cu.tod • •
!!!!U;~-;=.~.~"=.!Il~::'~C:t~:.:;!::=.~t::M=J.~D;::.:.:tr=1::O:t
ecu
!:c!:.!ro: DCJ Of cia tor the Stat. ot ! ' - . I
~------------~'- erebY .UbmJt the following in!Ormation in ' cQDnection
~.mpor.ry cu.tody ot LA.... ~
7 • I
with my reque~t fOE
, l'QUa DOftM, .....al. ....J..t:u _ . , . 2281'7-2tl.
1. Name ot laCil:1ty locaU l~oz.at1aa
confined durin
2. Scheduled date f
i •• 1 r~:;';~nDta·C.. t peraon, and phone number Where
the inmate will be
Or trial. 3 Proj
• ected date of return of
cuatocly; tne pdsoner to federal
c~erk Of th 45U!ng writ
• COUrt. ' n~e o~4 the jUdtre
." , and nilDle
, address, al1d
7. Signature and another "al t
eJ."lla ti V'e i •
.. not
SWOrn b ....
----:- ----------
..... orB (Date):
Date
8. Signature
of Notary PUbllC
Copy - Central
File
This !OZ'lb
replacea BP-SS6S d
td 1'£8 9<1)
VB/lB 39'i;1d sa~O::>3~ BSLSBESB9L SZ;:Bl EIBl/80/vB
/15
s
TO: (AdminiS1:.rao:.cr and Ac:lc:lxes )
is confined in (Institution and address)
Inmate (Name and ~eg18ta~ No.)
____-------------- for
,St-a.te of
rot"'"
and willtobQthOtaken intoofcustody at ,.id Ino<1
t~" JAN 2013 PM ~. _ .
CA r'~ ~~ .
.
I
'~.~.
• Sender: Please prtnt your narnet, addresS', and rH!!f4:1n:tbts"bmr-t
~
CRIMINAL DISTRICT ATTORNE
WALLER. COUNtY
64& 12TH STREET'
HEMPSTEAD,. TX 77445
c
c' .
u.
,
-
;j : .. ,
,.
,",, III I' Ji H,,..lI,, .11, lilt,.'" b'," I",'.'I'"''PI I
1/
I/i
u.s. POstal ServiceTM •
CERTIFIED MAILM RECEIP
(Domestic Mail Only; No Insurance Coverage Provided)
Postage , 04it5
a
a CQnJfled F. .
05
a Postmark
a Retum RecJept Fee He..
(EndorMment Requlred)
a Restrtcted Dallvery Fee 1--.......~~:.e'---1
~ (Endorsement Required) f -_ _""SO'-",.;...OO"----i
m Total Postage & Fea8 $ 6 _?a:&? 01/10/2013
~ ~:?~~-,-~~~-~-~-r_~-------_,
a
~ ~~~~~'~~-~~Il-l~~-----.-~,~-,---------------,-----,---------,---------,------1
/Ir;'
Date/Time 01-09-2013
c 04:06:37 p.m.
Transmission Report
--------------------------------------------------~
Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name 2
This document: Confirmed
(reduced sample and details below)
Document size: 8.S"xll"
Elton R. Mathia , _-.(J../()O
"~c.~r"d\~ C!..A
Inmate (Name and Register No.) is confined in (Institution and address)
J....6."S\.( r) VD 4'J'.""i.t;'e.. 'Do,d:c,..e.. FCC. ,,\<--t.O,.v~\\-e.. ~'"'-t\~)G - uS ~
P.o. 'Bo~ -s'JfO 0
Ol~ 2> b-r - 2'1 ~ A I AI'\. .fo <:!... '80
",nri will be token .LuLu -':USLOCly at said Institution on (date) for
return to the County of ______~~~~~~k~~~E~~~______________________________,State of
(exit S ~ for trial. In accordance
with Article V(b), of said Agreement, I have designated:
Name and Department Represented
gent's Department Represented
~ !5y-uW !?Nssd lcfltv c1,. ~kr.~fP; <2~
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated
prOS~~ignature~
f
'. '
a. d. City/State - Ik'1s ~ ~ rf. '7-r~'"
b. e. Telephone No -
c. q,,, Slot., - ""(1 } ~
.vid.nce Q~ ~gent'. Authority Continued
To: (Warden-Superintendent-Direotor)
b.\ ek. --r: f'Jp CO rc.,w , 'd:. &J' ~ r--
In accordanCe with ~he above represencatiooa and the prOV~S1ons of the Ag&eement
on Detainers, the persons lisced above a.re hereby designated as Agents for the
State of :r:E')C.A- 5' to return
(tn~atel s Name ~a Ii. ~qiseer No.) 4 AciWJ:ifR.i DDtVfft·q:fivtt 'Do,f.,-et{
~e~_~ l:) eo the county of h(8'~g, , State of
__ _ '8 ' for e"ial.
At the c~let:i.on o::the trial (Inmate) I-ltsJ4{~c j:>o(tl\::&"I-/%:61ucF ;;>0;..171'9 ~
.2bl~~- c:Jl9rz.. shall be returned to the (Institution and
Address) :
~a.C V."c,,-!rvtl;/!e- t!oft4.tk)(' - vSp
P. D . 6b)( :5"1'1) 0
;4,/~ /.,..,b) Ct1" 90< '6 0 /
Dated
in i tnT}
a.
b.
Name -"'""'\
Address ~' ..
1" C\C'l
t> Ln..",l c. City/State
Telephone No.
c;i.
POf" l D LJU Prescr1bed by PSS75
2
SOClO:J3C:! 139L99E999L
1:'9/1;>9 39ttd
I
i
I
13ft;
Cause No. \\-D 1.. 192103
STATE OF TEXAS
)1--2' - I ~ 7 all IN THE DISTRICT COURT
JI-i)I-/~'70S
v. § WALLER COUNTY, TEXAS
§
"D21n i r\1 o/L k l),iY)Z/t'./ Laskec § 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. .-11):00 a.m. MOTIONS & PLEAS
/,'80 All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.C.P., Art. 28.01.
3. ,-2-- U-[1 V
:DO
.1''1 p.m: HEARINGS & BENCH TRIALS
£.,/5 (fvm 1-10-11- ~"~
4. On or before to-days before Pretrial Bearing Date all C.C.P., Art. 28.01 matters must be file~ ;:ilIbe considered w~ed.
5. 10:00 a.m. PRETRIAL HEARING
q;oo Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a triill is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY.
Dated: _ _ - - I. . I_,. -'~'"'- ~_l-l±'-____
· , replacing prior Scheduling Orders.
Defendant's Signature Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
Copies: White--Clerk Yellow--State Pink--Defendant Gold--Defendant's Attorney 137
c;
,
--~
CAUSE NO. 11-01-13703
CJ
rl
THE STATE OF TEXAS § IN THE DISTRICT
§ -i -0
-< ~- ::~.,
VS. § WALLER COUNTY, T E U. S -- __~
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRff::T ~-::
DEFENDANT'S FIRST MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINQUE DONTAE LASKER, by and through his attorney,
Frank Blazek, and submits this his First Motion for Continuance, and would show the Court the
following:
1. This cause is set for Motions and Pleas on January 22,2014.
2. Defense Counsel is scheduled for trial beginning January 21, 2014, in Cause No.
25,790 - The State of Texas v. Plato August Splawn, Jr., in the 272nd Judicial District Court of
Walker County, Texas. It is anticipated that the trial will continue through the end of the week
and possibly into the next week.
WHEREFORE, PREMISES CONSID;E,RED, Defendant prays that this Honorable Court
grant a continuance to Friday, February 7, 2014, at 1:30 p.m.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By t2M
FrankB'Zek.
State Bar No. 02475500
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1
C:\FB\CRlM_K-O\Laskor.DD.8 1075\1 1-01-13703 CM\Continue.OOI.wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2
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13P
( (
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF WALKER §
BEFORE ME, the undersigned Notary Public, on this day personally appeared FRANK
BLAZEK, who, being by me duly sworn on oath deposed and said that he is the Attorney for
Defendant in the above entitled and numbered cause; that he has read the Motion for
Continuance; and that the facts 'stated therein are true.
SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of January, 2014, to
certify which witness my hand and official seal.
CDttLul.?7Y'= (5o::ttu..~
Notary Public, State of Texas
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3
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( I,
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing DejpPAdant's
First Motion for Continuance has been forwarded to opposing counsel on this the _(_1_lV_r~ayof
January, 2014, by facsimile to 1-979-826-7722, addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4
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/11
'7
/ "
o
CAUSE NO. 11-01·13703
o
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
. §
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on thec::l--fs!day of January, 2014, came on to be
considered the above and foregoing Motion for Continuance. After consideration of the same,
it is the opinion of the Court that Defendant's Motion be:
2014, at
K\,30.GRANTjD,
~.m.
and the present cause is hereby continued until F&b n.u[.r~ 7
() DENIED, to which ruling the Defendant excepts.
SIGNED: <.Jt~'U'C---7 t?--fl )It/lq
~~
C:\FB\CRlM_K·O\LaskerDD.Bl 075\11-01-13703 CM\Continue.001,wpd
.... , .....
CAUSE NO. 11-01-13703 S
..r:- '
~CJ
--r, ", :.....
THE STATE OF TEXAS § IN THE DISTRIC12:, OU~OE:.;~
§
", --; ;-;:; ..,.,
E5(A~=~'
-0
VS. § WALLER
-:l ~~-j::",:O
§ ~ ~~
DOMINIQUE DONTAE LASKER § 506TH S'B.UCT;~
:-'~;
CJ1 ~
MOTION TO SUPPRESS CONFESSION
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress
Confession, and for cause would show the following:
1. Defendant would show that the State intends to offer an alleged confession of the
Defendant; that said confession was taken without his attorney being present, in violation of the
Defendant's right to have his attorney present to consult with under Article I, Section 10 of the
Constitution of the State of Texas and the 6th Amendment of the United States Constitution;
that said confession was taken involuntarily from the Defendant in response to threats, in
violation of his right to remain silent as protected by Article I, Section 10 of the Constitution
of the State of Texas and the 5th Amendment of the United States Constitution; that said
confession was taken in violation of his right to due process as protected by the 5th and 6th
Amendments of the United States Constitution and the 14th Amendment thereto; and that said
confession was taken in violation of his right: to due course of law as established by Article I,
Section 19 of the Texas Constitution. Admission of said confession would be in violation of
Article 38.22 and Article 38.23,.Code of Criminal Procedure.
2. Defendant's purported confession is not audible on the tape. The jury would be
required to speculate as to the statement actually made by the Defendant. The tape does
contain many statements made by law enforcement that characterize the evidence developed in
the investigation and relate their account of what statement they purport the Defendant has
MOTION TO SUPPRESS CONFESSION PAGE 1
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1'13
made. Such statements by law enforcement on the recording constitute a speaking offense
report and are inadmissible hearsay. To the extent that they are a statement of what they
contend the Defendant told them, they constitute a violation of Code of Criminal Procedure
Art. 38.22, which requires that Defendant's statement be recorded, not the officers' verbal
account thereof.
3. Defendant is entitled to a hearing on this matter wherein the State should be
required to prove beyond a reasonable doubt that any confession which the State intends to
offer was lawfully obtained and that the Defendant's rights under the Constitutions and the laws
of the State of Texas and the United States were fully protected. Defendant is entitled to such
hearing outside the presence of the jury and prior to the trial on this matter.
WHEREFORE, PREMISES CONSIDERED, the Defendant would urge this Court to set
this hearing prior to trial and that, at the conclusion of that hearing, any confession or statement
by the Defendant, whether written, oral, or otherwise, and the recorded statements by peace
officers during the interview wherein the officers recount evidence against the Defendant and
state their version of what the Defendant has told them proffered by the State be suppressed
and the State be ordered not to refer to, or introduce, any such confessions or statements by the
Defendant in the presence of the jury.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
,/;ljl/
By ____~_____________
Frank Blazek
State Bar No. 02475500
MOTION TO SUPPRESS CONFESSION PAGE 2
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1'1'1
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregOing Motion to
Suppress Confession has been forwarded to opposing counsel on this the 7th day of February,
2014, by facsimile to 1-979-826-7722 and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO SUPPRESS CONFESSION PAGE 3
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CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ day of _ _ _ _ _ _ , 2014, came on to
be considered the above and foregOing Motion to Suppress Confession. After consideration of
the same, it is the opinion of the Court that Defendant's Motion be:
() GRANTED.
() DENIED, to which ruling the Defendant excepts.
SIGNED:
JUDGE PRESIDING
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CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the ~ day of R&r~ ,2011':' came on to
be considered the above and foregoing Motion to Dismiss. After consideration of the same, it
is the opinion of the Court that Defendant's Motion be:
() GRANTED, and the indictment is hereby dismissed with prejudice.
~ DENIED, to which ruling the Defendant excepts.
SIGNED: /J1w- c.t II ,201¥
MOTION TO DISMISS PAGE 4
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506th Judicial District Court
Albert M. McCaig, Jr., Judge
Court Coordinator
www.Court506.com Susie Schubert
Court Reporter
Robyn S. Wiley
Grimes County
April 4, 2014 Waller County
836 Austin Street, Suite 307
Hempstead, Texas 77445
Fax: 979.826.9149
Ofe: 979.921.0921
Notice of Preferential Trial Setting
Waller County
Frank Blazek
Attorney at Law
1414 11th Street
Huntsville, Texas 77340
William Carter
Attorney at Law
108 E. Wm. J. Bryan
Bryan, Texas 77803
Honorable Elton Mathis
Criminal District Attorney
Waller County, Texas
645 12th Street
Hempstead, Texas 77445
Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705
State of Texas vs Dominique Dontae Lasker
506th Judicial District Court of Waller County, Texas
Motions: October 6, 2014 at 9:00 a.m.
Jury Trial Setting: March 30, 2015 at 9:00 a.m.
The referenced matter has been preferentially set as stated above. Please see the Rules of the
Second Administrative Judicial Region of Texas for further explanation ofpreferentially set matters.
Please contact the Court Coordinator for a continuance or request for resetting the matter. Unless
prior approval for a continuance or reset of a preferentially set matter is obtained from the Court the
matter will be called as stated.
~{~~
SUSIE SCHUBERT
Court Coordinator
c: District Clerk
Cause No. 1 \-0 \- 1'~1D")
STATE OF TEXAS \1 -~ I - I 3'70 tj IN THE DISTRICT COURT
ll--VI 1~'lOS
v. § WALLER COUNTY, TEXAS
\22xJ; r\'I'lfG ~ 14-;; kef-
§
§ 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 1:30 p.m. ARRAIGNMENT
2. 9:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.C.P., Art. 28.01.
3. HEARINGS & BENCH TRIALS
4. On or before lO-days before Pretrial Hearing Date all C.c.P., Art. 28.01 mallers must be filed or will be considered waived.
5. 9:00 a.m. PRETRIAL HEARING
Pretrial hearing datc is also the Plea Bargain Cutoff dale. Stale and Defendant
will announce whether the case will plead or if a trial is rcquired, and whether trial
is to the Court or 10 ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. further, all counsel shall advise the Court
of any special nceds for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURYTRlAL
Final trial date & time will be set immediately after thc Pretrial hearing.
Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY.
Dated: _ _4_'_--_J-f
__--....''-..i.-.+-_ _ _ _ , replacing prior Scheduling Orders.
Defendant's Signature
fudtJ- nltLzeL
Counsel for Defendant Counsel for State
f)ill~C#+a
ALBERT M. McCAIG, JR., Judge PresidiJg
£t-
Copies: White-Clerk Yellow--State Pink--Defendant Gold--Defendant's Attorney
,
9n-B26-772J Waller County DA 11 :22: "< a.m. 04-08-2014 , 13
(
CAUSE NO. 11-01-13703
CAUSE NO. 11-01-13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH pJDICU\L DISTRICT
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS
TO THE HONORABLE JUDGE OF SAID COURT:
Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of
record, with the consent and approval of the state of Texas. and submits this his Agreed Motion
for Transcription of Pretrial Hearings and for cause would show the Court the following:
1. Defenda.nt intends to apply for a writ of mandamus with the appellate courts of
Texas seeldng dismissal of this cause in accordance with the Interstate Agreement on Detainers.
The Court's denial of that motion is based on the events and stipulations iliat occurred at
various pretrial hearings. Any application for such a writ will require that those hearings be
transcribed.
2. Undersigned counsel certifies that he has consulted with Assistant District
Attorney Fred Edwards and the State agrees that these hearing be transcribed.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and
defense counsel.
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEAlUNGS PAGE 1
C:\....d5I1=1J'B\CIlIM_t;:·O.u.l.a.DD.BI075\J J·0\·11703 CMIMutl,nr... TnrucnpJ./o, •• rr..1rial Harinp."!'d
IStJ
979-826-77n Waller County DA 11:2] a.m. 04-08-2014 2/3
(
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Hun~'VilIe,
Texas 77340
(936) 295-2624
(936) 2 879)'1
By __ 1
~ _____________
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803·5334
(979) 779·0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregOing M.~!i01l for
Transcription of Pretrial Hearings has been forwarded to opposing counsel on this the "t v""-day
of March, 2014, by f~?im.He-to;l::-~~j and addressed as follows: .
...£,y)\I.1...u?. t.(, ;::Jtt! tL uLu>..u ~~/ {.(. .,'. J.~J.JiU,tl1.l @) L06J.. t u_':>0':'1..-+,-"L.1 • Us
Elton R, Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek .
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS PAGEl
C,IN,tS ..",IFB\CRlM.K·O\!..&,;',.UO.& 1075\11.01·ll701 CM\I>IoU.., forTJ&n,er 9, 2013, Counsel for Defendant only invoked the 180-day
rule at the February II, 2014 hearing. Counsel did not want to waive any right to a dismissal
for violation of the 120-day rule should it be determined that 180-day rule was not applicable.
6. Defendant believes that it is appropriate for the Court to rule on this motion by
submission. The relevant facts are clearly developed in the record and the prior court hearings
have been transcribed for review.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 lith Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By __~~~N________________
Frank Blazek
State Bar No. 02475500
MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 3
C:\N'etShare\FB\CRIM_K-O\Lasker.DD.81075\11.OI_13703 CM\Motion to Dismiss for Violation of IADA:wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion to
Dismiss for Violation of;the Interstate Agreement on Detainers has been forwarded to opposing
counsel on this the .LL-
tl\iay of July, 2014, by U.S. Mail, postage prepaid, and addressed as
follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 4
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CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the l!fts.day of X. Cy ,2014, came on to
be considered the above and foregoing Motion to Dismiss for Violation of the Interstate
Agreement on Detainers. After consideration of the same, it is the opinion of the Court that
Defendant's Motion be:
t:J{ ) GRANTED, and the indictment is hereby dismissed with prejudice.
t7q) DENIED, to which ruling the Defendant excepts.
SIGNED:
C:INetShare\FB\CRIM_K.O\LaskeLDD.S I 075\11·01·13703 C~N"lotion to Dismiss for Violation of IADA'\\l'd
157
Attorney Fee Voucher
.M.!risdiCtiOn 2. County 3. Cause Number Offense 4. Proceedings
CtLfil~a~ ~vd..Ly
District DCounty DTrial-Jury DTrial-Court
~ 11--01- jj'103
DPlea-Open DPlea- Bargain
DCounty Court at Law
{5v I VHe.S ll- 0 [- i~10L1 (Y\Lvr dJ>r
Court # 5a?;--i-d- DOther
11- tH- 13'10 ~ fY\,uA--oLc/(
r210Y'v11 1\~O (I e/ ~6Y\..+Cte/ (as/:!/
5. In the case of:
State of Texas v
6. Case Level '-
J&l Felony I D Felony II D Felony III D FelonySJ D Misdemeanor D Juvenile D Appeal DO Capital Case
D Revocation - Felony D Revocation - Misdemeanor DNo Charges Filed D Other
7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone
heV\t.AG ~lrr,
(936) 294-9784 [Telecopier]
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NOTICE TO PREPARE REPORTER'S RECORD PAGE I
C:\NetShare\FB\CRIM_K-O\Lasker.DD.BI 075\Mandamus\Notice to Prepare Reporter's Record 11-01-13703 .wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregOing Designqtion
Items to Be Included in the Record has been forwarded to opposing counsel on this the~"-aay
of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
. ~J1
Hempstead, Texas 77445
Frank Blazek
NOTICE TO PREPARE REPORTER'S RECORD PAGE 2
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CAUSE NO. 11-01-13703
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and
numbered cause, by and through his attorneys of record, and requests that the following
instruments be included in the record for the Petition for Writ of Mandamus pending in the
First Court of Criminal Appeals under Cause Number 01-14-00630 styled In re Dominique
Dontae Lasker:
All pleadings and documents on file in Cause No. 11-01-13703, including:
1. Indictment;
2. Notice and Demand to District Attorney!Prosecutor for Trial or Disposition of Warrants,
Informations, Detainers or Indictments by Federal Prison dated July 2,2012;
3. Notice of Imprisonment and Request for Speedy Trial and Final Disposition dated
July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM";
4. lAD - Placement of Imprisonment and Request for Final Disposition dated January 30,
2013;
5. Certificate of Inmate Status dated January 30,2013;
6. lAD - Offer to Deliver Temporary Custody dated January 30,2013;
7. Order Appointing Counsel dated June 6, 2013;
8. Defendant's First Amended Motion to Dismiss dated October 29, 2013;
o'"?i-
rrJ ~
"'0
9. State's Response to Defendant's Motion to Dismiss; C
-of
-<
10. Order dated March 11, 2014, denying Defendant's Motion to Dismiss;
11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement
filed July 14, 2014;
12. Notice to Prepare Reporter's Record;
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD PAGE 1
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/~7
13. Designation of Items to be Included in the Record;
14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;
and
15. Docket Sheet.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11 th Street210
Huntsville, Texas 77340
(936) 295-2624
::6) 294-9
r
ifjl1
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing Designation
Items to Be Included in the Record has been forwarded to opposing counsel on this the ~""day
of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD PAGE 2
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/6f
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
o
VS. § COURT OF ~~.'~
c::>Q
--i
-<
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXA
..
N
-f:::::J
f'i1X
x
STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS ~ t;;
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas by and through the undersigned
Assistant District Attorney and submits this STATE'S RESPONSE TO
DEFENDANT'S MOTION TO DISMISS and would show as follows:
FACTS:
Stanley Ray Jackson and Janella Edwards were found murdered in their
residence in Brookshire, Texas in the early morning hours of March 10,2010. Both
Edwards and Jackson had been shot in the head with a firearm. A lengthy
investigation ensued whereby it was discovered that Dominique Dontae Lasker was
home on leave from the United States Marine Corp during the time that Edwards and
Jackson were murdered. Lasker had lived with Edwards and Jackson at times during
his childhood. It was also determined through an FBI firearm analysis that a firearm
used in a October 30, 2010 bank robbery in California was the same firearm used to
. murderEdwards and Jackson on March 10, 2.010. The firearm used in the bank
robbery was in the possession of Dominique Dontae Lasker. Lasker was interviewed
1
by Texas Rangers while he was being held in California and confessed to the murder
of Edwards and Jackson. Lasker was indicted by a Waller County Grand Jury of two
counts of murder and one count of Capital Murder on January 27,2011 and although
it is not clear from the court's records, the State presumes that a detainer was issued a
short time after indictment asking that Lasker be held to stand trial here in Waller
County.
While the murder charges were pending in Waller County, Lasker was
sentence to one hundred and twenty-one (121) months imprisonment in a Federal
penitentiary on or about January 30, 2013 for the California bank robbery charges.
On July 19t\ 2012 the State received a "Notice and Demand to District
Attorney for Trial or Disposition of Warrants, Informations, Detainers or Indictments
by Federal Prisoners, " presumably under Tex. Code Crim. Proc., Art. 51.14, Art.
III. It appears that the motion was received by the Waller County District Attorney's
Office via standard u.S. mail directly from Lasker without participation or
knowledge of the Federal Prison authorities and not certified mail as required by
Tex. Code Crim. Proc., Art. 51.14, Art. III. The motion did not contain the requisite
certificate from the warden of the holding authority and in its failure did not contain
any of the required information such as date of parole eligibility, good time
calculation, decisions of the parole board,. time remaining to be served and time
already served by the prisoner.
2
/)0
On August 31,2012, Waller County requested and received lAD Fonn
V from Ed Perez, an administrator for the Federal holding facility. The State intended
to bring Lasker back to Waller County in accordance with Tex. Code Crim. Proc.,
Art. 51.14, Art. IV.
On January 2, 2013 the State sent a request to the Warden of the holding
authority for temporary custody of Lasker. This request included copies of the
indictments and warrants as well as lAD Fonn V, "Request for Temporary Custody."
Of note is the inclusion of a signature block for the Judge of this Court on lAD Fonn
V.
On January 31, 2013 (the actual date of receipt is unclear but the letter
was presumably written on January 31,2013), Waller County received a response to
its request for temporary custody of the inmate advising Waller County that the
inmate had waived his thirty day notice to object to the temporary custody. The
Warden further advised that yet another fonn (lAD Fonn VI, "Evidence of Agent's
Authority to Act for Receiving State), would be required along with signatures of the
actual agents who would eventually pick up the prisoner.
Also attached to the above were lAD Fonns ''Notice of Untried
Indictment", "Placement of Imprisonment", "Certificate of Inmate Status" and "Offer
to Deliver Temporary Custody." The effect of these Forms was to make a demand
on Waller County, State of Texas to bring the inmate back to Waller County for trial
3
I )J
in accordance with Article III of the Interstate Agreement on Detainers Act. This
notice was delivered on or about February 8, 2013. It should be noted that the
Certificate of Inmate Status was not in compliance with Article III in that (1 )it left
blank the date of parole eligibility and (2) left blank any mention of decisions that
mayor may not have been made by the parole board concerning the inmate.
On April 8, 2013 Waller County received by FAX a copy of the request
lAD Form VI from the Federal Warden.
On April 17, 2013, Waller County sent lAD Form VI to the Texas lAD
administrator, Donna Bell.
On May I, 20l3, Waller County forwarded on lAD Form VI that had
now been signed by the Texas lAD Administrator to the Federal Warden.
Lasker was returned to Waller County on May 24,2013 and has been in
Waller County custody since that time.
The Defendant's first court date in Waller County was on June 4, 2013.
At that time the Defendant informed the Court that there were a number of motions
on file and that he wanted a decision on those motions. The Court informed the
Defendant that he needed to be represented by counsel. The Defendant had in fact
requested in his lAD Form "Placement of Imprisonment," that he be appointed
counsel by the requesting Court for all matters preliminary to trial. With that in mind
the Court appointed the Regional Public Defender on June 4, 2013 and continued the
4
17)...
matter until such time as the Regional Public Defender could consult with Lasker and
otherwise become prepared to be to heard on the various motions that Lasker had
filed.
At some point after June 4, 2013 it was detennined that the Regional
Public Defender could not represent this Defendant. The Court then appointed Mr.
Frank Blazek on June 6, 2013. A few days later Mr. William Carter was appointed as
co-counsel.
After the State met and discussed the case with Mr. Blazak it became
apparent that the Defense was not going to initiate any sort of court settings. The
State requested a Court date so that certain matters could be heard. On September 9,
2013 the Court heard and granted its second continuance for good cause shown until
November 4, 2013 whereby the Defendant waived arraignment and a scheduling
order was signed by this Court.
APPLICABLE LAW:
The IADA is a congressionally-sanctioned compact between the
United States and the states. Cuyler v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703,
709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the
party states and the purpose of the IADA is to encourage the expeditious and
orderly disposition of outstanding charges and determination of the proper status of
any and all detainers based on untried indictments, infom1ations, or complaints."
5
173
Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this
purpose, the IADA permits a state to tile a detainer against a defendant residing in
a prison in another state, gain temporary custody of the defendant, and prosecute
the defendant on the charge that forms the basis of the detainer. U.S. v. Mauro, 436
u.S. 340, 351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).
The IADA also provides a mechanism for a person incarcerated in one
jurisdiction with charges pending against him in another jurisdiction to be tried on
the pending charges before being released from incarceration in the first
jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either
the defendant or the jurisdiction where charges are pending may demand that the
defendant be tried on the pending charges. lei. Arts.!, III, V.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever during
the continuance of the term of imprisonment there is pending in any
other party state any untried indictment, information, or complaint on
the basis of which a detainer has been lodged against the prisoner, he
shall be brought to trial wi thin 180 days after he shall have caused to
be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his
imprisonment and his request for a final disposition to be made of the
indictment, information or complaint. ..
The lAD also states that the prisoner's request in Article fII (a):
Shall be accompanied by a certificate of the appropriate official
having custody of the prisoner, stating the term of commitment under
6
which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decision
of the state parole agency relating to the prisoner.
ARTICLE V.
(c) I l' the appropriate authority shall refuse or fail to accept temporary
custody of said person, or in the event that an action on the
indictment, information, or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article III or Article IV hereof, the appropriate court of
the jurisdiction where the indictment, information, or complaint has
been pending shall enter an order dismissing the same with prejudice,
and any detainer based thereon shall cease to be of any force or effect.
To request final disposition under article III, the defendant must cause
"to be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his imprisonment
and his request for a final disposition to be made of the indictment." Id. art. IIl(a)
(emphasis added). The IADA provides that a defendant can perform this
requirement by sending the written notice and request for final disposition to the
official having custody of him, who would then forward it to the appropriate
prosecuting official and court by registered (certified mail, return receipt
requested). fd. art. III(b). The Supreme Court has held that the 180-day provision
"does not commence untinhe prisoner's request for final disposition of the charges
against him has actually been delivered to the court and prosecuting officer of the
7
175
jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,
113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577,
580 (Tex.App.--Dallas 1998, no pet.).
The inmate bears the burden of demonstrating compliance with the
formal procedural requirements of Article IlL" Morganfield v. State, 919 S.W.2d
731, 734 eCt. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430,
434 (1st Cir. 1991); Bryant v. State, 819 S.W.2d 927,930-31 (Tex.App.--Houston
[14th Dist.] 1991, pet. refd).
The failure of another state to follow the lAD does not require
dismissal of the Texas [receiving state] charges." Bryant v. State, at 929. Delay
caused by holding jurisdiction tolled until the receiving State receives the
completed request form. Id. at 931.
In Bryant, the court found that when the holding jurisdiction failed to
send Bryant to Texas because of pending charges in other jurisdictions, that time
the defendant was unavailable to Texas should not be taxed against Texas because
Bryant was unavailable to her. At 931.
The denial of a defendant's motion to dismiss an indictment under the
lADA is a question of law reviewed de novo and the factual findings underlying
that decision are reviewed on a clearly erroneous standard. United States v. Hall,
974 F.2d 1201, 1204 (9th Cir.1992).
8
I'7~
A prisoner seeking to benefit from the statutory provisions [of the
Unifonn Mandatory Disposition of Retainers Act] must first meet the burden of
compliance with the 'agreement.' NfcCallum v. State, 407 So. 2d 865, 869
(Ala.Cr.App.1981). There must be strict compliance by the prisoner with the
requirements . . ., otherwise, a conniving prisoner could finagle procedures to
frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate
Compact on Detainers'), and attempts to deal directly with officials in the receiving
state, he must satisfy the additional requirements of the agreement which would
normally be executed by officials in the sending state." McCallum v. State, supra,
at 869." Seymore v. State, 429 So. 2d 1188, 1193-4 (Ala.Cr.App.1983). ~Vhitley v.
State, 392 So. 2d 1220, 1224 (Ala.Cr.App.1980), cert. denied, 392 So. 2d 1225
(Ala.1981 ).
If a Defendant takes it upon himself to notify the prosecutor and the
Court directly, he is responsible for seeing that the notice is sent in the form
required by the TAD. If Defendant's correspondences never properly comply with
the notice requirements of the lAD so as to constitute "the required request," the
180 day period does not begin to run until Texas authorities have received the
completed request form. Burton v. State, 805 S.W.2d at 575. When an inmate fails
to serve the court where charges are pending, then he has failed to comply with the
requirements of Art. III and the clock does not start ticking against the receiving
9
17/
jurisdiction. State v. Votta, 299 S.W.3d 130, 137 (Ct. Crim App 2009).
Article III, section (a) of the IADA states that the prisoner's request
must be "accompanied by a certificate of the appropriate official having custody of
the prisoner stating the tenn of commitment ... the time already served, the time
remaining ... on the sentence, the amount of good time earned, the time of parole
eligibility... and any decision of the state parole agency relating to the prisoner."
TEX. CODE CR[M. PROC. ANN. art. 51.14, Art. IH(a) (West 2006). And, should that
information not be forwarded with the request for final disposition, the 180 day
timeline remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.-Fort Worth
1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App.
Amarillo, 2012).
In a long line of cases that includes Powell v. Alabama, 287 U.S. 45
(1932), Johnson v. Zerbst, 304 U.S. 458 (1938), and Gideon v. Wainwright, 372
U.S. 335 (1963), this Court has recognized that the Sixth Amendment right to
counsel exists, and is needed, in order to protect the fundamental right to a fair
trial. The Constitution guarantees a fair trial through the Due Process Clauses, but
it defines the basic elements of a fair trial largely through the several provisions of
the Sixth Amendment.
ARGUMENT:
This case has become convoluted for a couple of reasons. The
10
Defendant allegedly committed the murders in Waller County on or about March
10,2010 and fled the jurisdiction. He did not become a suspect until facts became
known about a bank robbery and his arrest in California on October 30, 2010.
From that time until December 16, 2011, the Defendant was being held in
California for trial. He was sentenced on December 16, 2011 and was committed
for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary
in California. The Defendant was indicted on the Waller County murder charges a
couple weeks later on January 27, 2011 and presumably a detainer was placed on
the Defendant shortly thereafter.
The Waller County District Attorney's Office entered into a number
of informal telephone conversations through the Waller County Sheriff s Office
with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what
was needed to get the Defendant back to our jurisdiction for trial.
Then on July 19, 2012 the Waller County District Attorney's Office
received through regular mail attachment Number 1. The document is entitled
"Notice and Demand to District Attorney/Prosecutor for Trial or Disposition of
Warrant, Informations, Detainers or Indictments by Federal Prisoner" and
attached to that motion was what appears to be some sort of sentence monitoring
sheet. It further appears that the document was sent by the Defendant without any
participation or notice to the warden or the prison authorities there in California.
11
(79
This is one of the documents that the Defendant claims in effect to be a notice
under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180
days of receipt of the notice by the Court and the District Attorney. If such were
the case, then trial would have had to be commenced on or before January 16,
2013. Another consequence of this notice, if it were effective, is that it in effect
waives the right of the Defendant to insist on the fonna1 extradition process and
renders consent to be taken back to the jurisdiction seeking the Defendant for trial.
There are a number of problems with this Defendant's attempt at
giving an Art. III notice. The notice has a few "shalls" in its wording. First, in
Art.III (b) the notice "shall" be sent by registered or certified mail, return receipt
requested. This requirement among other things gives both the prosecuting
attorney and the Count some idea of just when the 180 days begins to run and does
not leave that important date up to the vagrancies of in-office date stamping,
claims of in-office routing problems and the like.
The second "shall" in Art.III (a) requires that a "certificate" be
included by and from the warden of the holding facility. The Article goes on to
say that there are at a least five pieces of infonnation this certificate shall contain:
1) the tenn of commitment, 2) the time already served, 3) the time remaining to be
served on the sentence, 4) the amount of good time earned, 5) the time of parole
eligibility of the prisoner and 6) any decision of the state parole agency relation to
12
the prisoner. All of this infonnation is vital to the decision making process that
may come into play by the trying Court and to the prosecutor. Another important
concern that comes into play in this case is that the request by the Defendant
through the warden of the holding authority gets the warden into the information
loop, the import of which will be discussed below.
It is clear from the case law cited above that a failure on the warden
OR the Defendant to strictly comply with the Interstate Agreement requirements in
Article III results in no notice to the trying Court and the prosecutor. (See Fex,
Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, {... the 180
day period does not begin to run until Texas authorities have received the complete
request form .. .}Burton, Lara, Garcia.
The failure of the Defendant to make his request through the warden
caused the prison authorities to be in the dark about the Defendants intentions
concerning returning back to Waller County. The warden did not know that
Defendant had made a demand to be returned, so that when answering inquiries
from Waller County about the Defendant's return, the holding authorities advised
Waller County would have to make our request in accordance with Art. IV. This
procedure requires the filing out of various forms and the obtaining of various
signatures before Art. V (also requiring additional forms) could be triggered and
the Defendant could eventually be picked up. Art. V also triggers different time
13
It!
requirements. If the Defendant were obtained via Art. IV, then his trial had to
commence within 120 days of his arrival back in the requesting jurisdiction unless
good cause was shown for the Court to continue the case.
Waller County began this procedure beginning infonnally after we
determined that the Defendant had been arrested in California. It continued more
fonnally after he was sentenced in California in January 2013. and continued
November 2012 (attachment #2) through May 2013 (attachment #3).
On February 8, 2013 Waller County and the Court received another
Art.III request (attachment #4) by certified mail this time through the warden of
the holding authority. This demand contained a cover letter from the warden,
"Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate
of Inmate Status." The Certificate, however, did not contain the full infonnation
required by Art III in that it omitted 1) the date of parole eligibility of the prisoner
and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.
It is the position of the State that his February 2013 "notice" is
likewise ineffective for the same reasons stated above. The Court and the
prosecution are entitled to full and strict adherence by the Defendant and the
holding authority in accordance with Art III and the cited case law.
If, for the sake of argument, the Court determines that the State has
been placed on notice in accordance with the requirements of Art III, then the 180
14
day trial dead line may apply thus requiring trial by August 7,2013. However, this
court may find that good cause has been shown and continue the case.
Art III(a) ... provided that for good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of
the matter may grant any necessary or reasonable continuance.
On June 4, 2013 the Defendant appeared in this honorable Court (a
Court of proper jurisdiction) (see docket sheet) and in open court and on the record
demanded that certain previously filed motions be heard. The Court inquired of the
Defendant if he was represented by counsel. Defendant advised that he was not yet
represented by counsel and in view of Defendant's request to have court appointed
counsel (see attachment #4, page 4), the Court reset the case until such time as
appropriate counsel could be appointed. Later on in the day and NOT in open
court, the Defendant was appointed the Regional Public Defender, However on
June 6, 2013 the Court reconsidered this appointment and subsequently appointed
present counsel to represent the Defendant.
This Court had no alternative but to appoint counsel for the Defendant
and reset the matter. The Defendant had filed adversarial motions that needed to be
heard, argued and decided. The Defendant made no request to represent himself
either explicitly or implicitly. The Defendant had in fact given notice of his desire
to be represented by court appointed counsel through his paperwork filed with the
Court. If this Court had permitted the Defendant to proceed without representation,
15
the Court would have clearly run afoul of the long line of cases that require a
Defendant to have the availability of competent counsel in a criminal trial. (Powell
v. Alabama, 287 U.S. 45 (1932).
The notice to the State failed by virtue of missing material in the
certificate. The case was continued for good cause shown namely so that the
Defendant could consult with court appointed counsel and become prepared for
previously filed pre-trial motions.
Tex. Code Crim. Proc., Article 51.14, Art. Ill's Constitutionality
The State argues in the alternative that Tex. Code Crim. Proc., Article
51.14, Art. III is unconstitutional as violating the Texas Constitution's separation-
of-powers provision because it unduly infringes upon the judiciary. See Tex. Const.
art.IL Sec. 1). The separation of powers may be violated in one of two ways: (1)
when one branch of government assumes or is delegated a power "more properly
attached" to another branch or (2) when one branch unduly interferes with another
branch so that the other branch cannot effectively exercise its constitutionally
assigned powers. Armadillo Bail Bond v. State, 802 S.W.2d 237, 239 (Tex.
Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14,
Art. III, unduly interferes with the judicial powers of the Waller Criminal District
Attorney, specifically by preventing the State of Texas from prosecuting the case
against the Defendant, who has been lawfully indicted. (Meshell v. State, 739
16
S.W.2d 246, 253 (Tex.Crim.App. /987)("By establishing the office of the county
attorney under Article V, the authors of the Texas Constitution placed county,
district and criminal district attorneys within the Judicial department."). The law
imposes on the State a strict prohibition from prosecution based on the expiration
of a time limit that has no meaningful relationship to evidence or procedure. The
deadline of 180 days is completely controlled by the action of the Defendant.
Unlike the obligation on the part of the judiciary to set bail in accordance with
Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to
personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14,
Art. III mandates that the indictment be dismissed with prejudice. Id. Armadillo at
240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control
Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L.
Rev.l,32 (1958)). This requirement that an indictment be dismissed with prejudice
bars the judiciary (prosecution) from exercising its exclusive power to act on an
indictment, try an indictment to a judge or jury, and have the case decided based on
the evidence. Courts have held that certain realms of judicial process are "so
fundamental and so necessary to a court, so inherent in its very nature as a court,"
that they must be entirely free from legislative interference. Id Armadillo at 240-
41. To arbitrarily bar the prosecution from proceeding based on any other factor
other than the evidence or matters of Constitutional procedure is an improper
17
infringement on the judicial power to bring, try and render judgment on criminal
matters.
PRAYER:
For the above reasons and law, the State of Texas respectfully prays
that the Defendant's motion be denied by this honorable Court.
Respectfully Submitted,
Frederick A. Edwards
Assistant District Attorney
Waller County, Texas
645 lth Street
Hempstead, Texas 77445
(979) 826-7718, FAX (7722)
SBN: 06435100
18
~"
",
;\'OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR
INDICTMENTS BY FEDERAL PRISONER
TO: Office of District Attorney FROM: Dominigue Dontae Lasker
Reg. No. 22867-298
(bl.\6 ~ S\{(Lr- Su,\(. \ United States Penitentiary
Victorville FCC
He.y",~~r{u..J T'f-.. '77~4S PO Box DOR 3900
Adelanto, CA 92301
Dear SinMadam:
I. I have been informed that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
~C~a~p~i~t~a~l~M~u~r~d~e~r~C~h~a~r~g~e~____________ # 11-01-13703 979-826-8282
~C~a~p~i~t~a~l~M~u~r~d~e~r-=Ch~a~rg~e~______________ # 11-01-13704 979-826-8282
~C~a~p~i~t~a~l~M~u~r~d~e~r~C~h~a~r2g~e_____________ # 11-01-13705 979-826-8282
------------------------------------------ #------------------------
2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Southern District of California,
to a term of 121 months. My current projected release date from federal custody is Augus t ,~,
~o 1:2.. , as found in [he attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do not allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the
dday in prosecution prejudices my defense against these outstanding charges.
5. r have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction andlor
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
Dated: 'd..old.-/07/J...
~
~ ~
~i0~~J~"'-~" Dominique Dontae Lasker
. I
________,\. . ",.u""1h.. u..... izated by the Act of
u r......
WIP.-iESS-PRIS()'~ ST \FF \lE!\JrnY 7, 1955, as amended,
COPIES: !)RIGr-.AI. I:) DISTRICT AtR£q~lrn~lw(QqU1~'t&coRDs TO BE lSED \\ ITIl REQL'EST TO COL'RT FOR DIS\IISSAL. .\LSO: l-:n L'JE
?(J( I. \IE:\TA r IC!-: FRU\1 r HE C~SE tJ.&Glt §o(~~~)~.J}9ARDf'!G THE W,RR.1,-:T DET .1,1~;[R .1,:\D IF POSSIBLE YO:."R SE,,"TE~CE .ll0:--rTORr-.\,. DA r ...
I_'()\IPI T -\ i liT\. ~PJ\·;·'· H,'T '~H()\' 1'-0 'ItJl:R PRt)JFCTEO REl.E.;SE ~)A fE
EXHIBIT
UP La\\, Llbr:lr} F.)rms, Nc)[iceSpeedyTrial-Detamer (Rev '1.11) j S 1. / If7
IN THE Dis trie t COURT 0 F __W_a_l_l..;,.e..:,.r_ _ CO UNTY
FOR THE STATE OF --~~~--~------
Texas [506 District]
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION... Pursuant to . . . . . . . . .
v. ) (Tex.Code Crim.Proe. Ann.Art. 51.14 )
) (Constitution. Art. VI. § 10 )
)
Dominigue Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, r:tminiq..e fultae lasker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
1. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
------------,
on December 16 2011 Defendant has a projected release date
from federal custody on __
A-'ug"'-u_s_t___________, 13 , 20 ~. (see attached sentencing
computation/data sheet).
1. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations. charges, and/or complaints pending III this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial. an il1 absfentia
resolution be arranged,
"'r? Law Library Fonns,NotlccSpeedyfrJ31-Detainer IRev 9/11)
·" , "
-L f'his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. .vorlh
Carolina, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
.\lichigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate aU needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstenlia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under fAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.
Respectfully Submitted,
~friiqu~
J
Dated:i1D' a..- to]' ( 03
Lasker
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document v,,'as mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
Dis h"C (. t /~1+0 rVIe.. L(
3~ to (}h. ~ kcd S l.Li\ t.- \
1\ evY1 pST CC-LJ. 1 X. J 77 y~-5
~
~~-----
Date: ~Ol~ /07/3 :;:::::> :~
. . Dominique Dontae Lasker
VIP Law Library Forms:\iotlceSpeedyTrJal-Detainer If~ev 9'11)
In
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville lJSPIFCC, at Adelanto, California, on this ~ day of
_ _ _'>.;,.,.,\. J,.=:;c. . .~" ~\ O. .~\:. . .\l. .\I,. . - _ _ _ _ , 20 12 ,with sufficient postage affixed. It would be
\
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNTY
Heapstead, TX 77445-4673
~i ~4
ITlillique D ; Lasker~ . . . .
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Formsl Certificate of Service (Rev. 8/11)
·.
VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1 . . . . . . . . . . . . . : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L
DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR T~E'S CURRENT COMMITMENT.
THE INMATE IS PROJECTED FOR RELEASE:C=08-13-2019 VIA GCT RE~~.
--- -
----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------
COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMEER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010 ---------------------------
OFFENSE CODE .... : 551
OFF/CHG: 18:2113(A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT. 1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW . .
!1!
,,. ...,~ ,, ''\,.~"'.;.>'
•.JtII' ......... , ..
Mr· Dominique Dontae Lasker .
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United States Penitentiary Victorville
P.O. l1OX. 3900 j oJ },Ul, )1:}J?~"'~'~;:; t :::::~- , .
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ADELAN'ID, CA. 92301 lin,
District Attorney/Prosecutors Office I' 'I,
For Waller County
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Transmission Report
Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY DA MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name2
This document: Confirmed
(reduced sample and details below)
Document size: B.5"x11"
Elton R. Mathis (979) 826-n18
Crininal Distric:t Attorney (9791826-7722 Fax
W=iller County
January 2. 2013
Warden
United States Penitentiary
Victorville FCC.
P.O. Box 3900
Adl!lanro. Califomia 92301
In Re: Inma1e DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden.
PII!aSl! find our county's request for temporary custody so that Irvnate OominQue Dontae Lasker may
stand trial for Capital Murder in Waller County. Teus.
I have attached certified copies of the indiclments and warrants In this matter. There are no fingerprints
or photographs because the Defendant ned our Jurisdiction before arrest. He was ho_ver intervie-.i
by Texas Ringers there in Califomia.
if there is anVl hi ll8 more that is needed to facilitate this temporary transfer, please let me know.
8estfrdS, /' / 0
~..f:.!.~~ First Assistant District Attorney
Waller CountV, TI!us
EXHIBIT
is' ~
Total Pages Confirmed: 8
Remote Station Start Time Duration
7605305750 04: 04: 15 p.m. 01-09-2013 00:01:41
Abb revlatl ons:
Hs: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct
co:py
1.
645 12th Street
Hempstead, lexas 77445 Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal District Attorney
VValler County
January 2, 2013
Warden
United States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, California 92301
In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden,
Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may
stand trial for Capital Murder in Waller County, Texas.
I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints
or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed
by Texas Rangers there in California.
If there is anything more that is needed to facilitate this temporary transfer, please let me know.
Be;i,2/~ ..-r~
Frederick A. Edwards ~
First Assistant District Attorney
=---
Waller County, Texas
7613531357513 RECORDS PAGE 02/03
:09/05/2012 08:35
81?-S568.051 LAD FORM V - REQt1,BST FOR TEMPORARY CUSTODY CCFRM JlllAUl.t.Q FEB 94
t1 • S. DEP~ OJ' JUSTICE nDERAL Bl.JUAU 01' PRISONS
six copie.!l. Signed copiu M1.I8t be !Scn~ 1:.0 the pdsoner and 1:.0 the o.fticial who hu the pr.isoner in
cu~~ody. A copy !Should b. ~ent ~o ~he Aqre.ment Administrator of both the $.nding and the rec.i~ing
!!tate. Copi •• 1Ihould be. retained by thQ person Ulinq the request a.nd the judga who signs the rQquQ~t.
Prio~ to tran~f.r ~nder thiS Aqreement, an Inmate may be afforded a judicial hearing (Cuyler) si~lar
eo that provided und~r the uniform Extradition ~ct, in which the inmatQ m~y bring a limitmd chall.nge
to the rec~ivin9 .tate's requ •• t.
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre.!l.!l ~
1)tV;t;c1 .s+", t..s ?el\)1 f~Nf'Ar:;~ viGfo~v'd It }-CC' J 7-0. Eox.3qO~ ~De{~j})oS'
Please be advi sed that (Name of Inmate) );0,,",,11\1 J tf LA Ii j)OI\J1 At: LrtS KeI2..12Jflr-- 1.'11, who
~ ~;~~~y an inmate of your inst.it:ution, is under [indicate appropriate]
~d~~~-=- f"i9~eR\at:ion) (-complaint) in the (Jurisdiction)
SOG ~~ Col W~lleV"Co(..4lvtyl-e'(145 of which I am the (Title of Prosecuting
Officer) l5js"\-V1~c.f H' R OY1J\J~ Said inmate is
therein charged with the offens sJ
enumerated below:
(j) -t
Ofran.a(s)
(.J) :1 " Ai) ta,. ,.
Il- 0 I-I
f;c I
l C p. Y ~ ~ I M l..4 V 0 e v- l \ - 0 I - 13 =103) C.. fl ,: "= ... { Jk"", V IVY!- L I - 0 I - 13 7° r f-:::V M '" y Q.;' l -
I propose to bring this per301'l to trial on thie [indicate appropriarej (indictment f$$f Iii! lot.,...
'~OI,~:hjt) "'i~hin the time specified in Artiela IV(c) of the Agz:eement.
In order that proce.dinq~ in this matter may be properly had, I hereby rQquast temporary cU3tody o~
~uch per$ons pursuant to ~rticle IV!., of thB Aqr.ament on Oat4in.z:e.
Attached herewith find in triplicate:
a. Certifi.d copies of the complaint, information or ind.i.ctment
b. Certified copies of the warrant
c. Certified coples of finqerprint$, photoqraph~ or phy~ical deSCription
I hereby agre. that immediately after trial i~ completed in th.is juri~diction. I will return the priSoner
directly to you or .. lJ.ow any juri.diction you have designated to taKe temporary custOdy. I aqreQ al!!o
to com l.te Form IX, The Notice of Oi8 osition o! a Detainer, immediatel a~ter trial.
Prineed Name and Signatur Ti.tl,e l.:Dis tv.7 l• C;.J . Date
E \ ",ON
Q.. tv' pd\"'\S CR,,"',NA. ,cHi 011 NoV J,~ 1 20 I:
Address: Ci ty/seate: -::;7 4Lf. ~ Telephone No. :
LP4 5" l'QtJ,...s+{'~d \-\-e'W\..?5--bec..1~ IT~XI4.5 q-:r'1. - g2& - 7-=1/~
I h~reby certify that the person whose signature appe~rs above 1s an appropriate officer within the
me~.ninq of Ar:ticle IV (a) and that the fact:s recited in this request for tempora cuatody are correct:
And that havinq duly recorded said reque~t, I hareby transmit it !or aC~i'~n in . cordance wit:h it. ter.m
and the rovi~iol'1s of th~ Aqref!t".en~ on Detainers.
Judge's Print~d N~e and Signature
A I b.4v\ M. Me c.t:A.\
City/State Telephone No.
eY'A s-t-e;-\)), W~ ll-ev- COl...Vl.A-t 0"1 {,>J
(This for.m may be replicated via WP)
/95
NO. _/_I_-_t_I_-_'_1_1_"'1_-t_..J"__
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOl\UNIQUE DONT AE LASKER ~),_t; ti JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: CAPITAL MURDER ~ ~fl
Section: 19.03
Degree: CAPITAL FELONY t~
INDICTMENT ~ ~i~;
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
,r ~I~ ~
~
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the E
506th Judicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER. hereinafter styled Defendant. on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment. in
Waller County, Texas, did then and there intentionally cause the death of an individual.
namely. Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm. and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
Cause No. 11-01-13703
TIlE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
Black/Male 008: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/ber before tbe Honorable
506TH District Court of Waller County, Texas, at tbe Courtbouse of said County, in
Hempstead, Texas, instanter, tben and tbere to answer tbe State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MULTIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed tbe same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, T XAS
-.:1 / f <
BY:-- / .~A;·· ,IJ n
. -/ . Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the - - - day of - - - - - - - -, at - - - o'clock
__ ,m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any otber mileage I may have traveled in the service of other process in
this case during tbe same trip.
FEES: Making Arrest , Sberiff
Mileage miles
- - - - - - - -County,
- - -Texas
-------
Taking Bond
Commitment By: _ _ _ _ _ _ _ _ _ ___
Deputy
197
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ,-'Cl~rr.JunICIAL DISTRICT
BIM DOB: 03/2111984
Charge: MURDER
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelIed, sworn, charged, and organized as such at the January term, A.D. 2011 of th
506 tb Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TH day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIreann.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
/9t
Cause No. 11-01-13704
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. W ALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER S06TH JUDICIAL
DISTRICT
B1acklMale DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
S06TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
;::''J.~~,
B Y : .-:>~ ~d£d/
/ FiHaggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the ___ day of _ _ _ _ _ _ _ , at _ _ _ o'clock
__.m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _ _ _ _ _ _ _ _ _ _ _ ,Sheriff
Mileage miles _ _ _ _ _ _ _ County, Texas
Taking Bond
Commitment By: _______________
Deputy
19t
NO. / / -- {J / . l3 7 (J~ -
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER .,:J{ )6~ JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: MURDER
Section: 19.02
Degree: FIRST DEGREE FELONY
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
·,
Cause No. 11-01-13705
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing bim with MURDER, a felony.
HEREIN FAlL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, T,EXAS
BY:. ~i>.L.d
/ E f}" Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the ---- day of - - - - - - -, at ---- o'clock
__ .m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _____________ , Sheriff
Mileage miles ___________ County, Texas
Taking Bond
Commitment By: ______________________
Deputy
SENIJER: ~,Cf1.1PLETE TillS ';ECTION
0: Ia dIIII'My an. dIII'Irwtt fI'an Item 11
1. MlcleAddNAld taco
"vea arardaMlyan.beIoww:· C,..
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crR~'
o lnand MaIi",
7002
PS Form 3811. February 2004: DomestIc Return R~
•
645 12th Street
Hempstead, 'itxas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
VValler County
May I, 2013
Ms. Linda T. McGrew
Warden, FCC-USP
c/o Correctional Officer J. Kaawaloa
P.O. Box 5400
VictorsviJIe, CA 92301
RE: Dominique Lasker, 22867-298
Dear Warden McGrew:
Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the
last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not
hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at
the Waller County Sheriffs Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank
you for your help in these matters.
Sincerely yours,
2R----
Elton R. Mathis
Waller County District Attorney
Ene.
Cc: R. Glenn Smith
Waller County Sheriff
EXHIBIT
I 51 3
I
t3P-A05ti4 lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY COFRM
APR 10
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Five copies. All copies, with original signatures by the Prosecutor and the Agents,
should be sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
use in establish~ng their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Agent's Authority to Act for Receiving State
To: (Administrator and Address) ~ ec=.... l,;> S ()
)..'..).4., -r: rIl~~r~ I v{..,-J..,... 'i>.D. Bo~ ~'i()O
,,; c..la,,.. "d \~ C!... A
Inmate (Name and Register No.) is confined in (Institution and address)
~~"S\~ r ) VO '-''''''1,.;'e.. Do~e. Fc..c.. V ~"-h,, " \ \\e. 6,,,,,-~ \~'I'- - uS P
P.D. 'Bo~ 'S'J{O 0
~~~~(- Z'1~ 141'\. fc:; c...
.. nrl wi 1] be t.::>J.:.c:n llll.v "":USLvuy ett. ~aid Institution on (date) for
return to the County of ______~~~~~A~~~~~~~~~-------------------------------,state of
Cej
Evidence o~ Agen~/. Authority Continued
To: (Warden-Superin ceodent-Director)
)..., ek. -r: f"\e Q, r c...--v« '=f:. &.r ~ I'-
In accOrdance with ~he above ~epreeentacion8 and the provi~1ona of the Aqreement
on Detainers,thQ persons listed above are hereby deaignated as Agent& for thQ
Statca of TE)('A- S to retlJrn
(tn~atel ~ Name ~a «1. ~gister No.) J.A=S\u;:fL, llCrrt:Ft-g:Qt.Jt# "DortrAtf
d¢e~_~ l:) to the county of h{8L.Ug, ,Stat:e or
__ ~ , for trial.
At the completion o::the trial (Inmate) I-llsJ4{l!... j>ofW'l:::&'H:E:q,1JtF' ;i>D""71'1~
c2?:2 &'"1'- tfl9'rZ, shall be retu.ned to the (lnat1tution and
Addrel5~) :
"Tee v',"t--hv.,;/Ie.. 6:>(tA..t~~ - v5 P
p (). I3D,K ~~IJ 0
A.I-t 1~IoJ e.,q. 9~ '6 0 1
Oatl!d
c. City/State
d. Telephone No.
Prescribed by eS8"
2
sa~083Cl
'.
I
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1I
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· .
U.S. Department of Justice
ZD I'"J r~"",.'' .. .J, Federal Bureau of Prisons
,'''10: ~9
Federal Correctional Complex
Office of the CocC'ectlonal S~ti-<---;::-I.~:-441.-A~ VIctorvIlle, Ca Ifocnla
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
S06(h Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your r~quest for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV(a), which expires on DATE) . Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving State" (BP-A564)
and originals of the lAD Form V (BP-S68) and IAD FormVI (BP-56S).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should alsa appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
EXHIBIT
Exhibit
I -5f if
Page Two
RE: Lasker, Dominlque Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((10~
/s/ D.
Wren, SCSS
Enclosures: BP-eorms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification form
cc: Clerk of Court
State IADA Administrator
BP-S235 (51)
u. S. DEPARTMENT OF JUSTICE
-
lAD -NOTICE OF UNTRIED INDICTMENT
FEDERAL BUREAU OF PRISONS
rNMATE NAME: REGISTER NUMBER: fNSTrTUTrON:
LASKER DOMINIQUE DONT AE .22867-298 FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreemen·t on Detainers Act, you are hereby infonned that the following are the
untried indictments, information, or complaints against you concerning which the undersigned ha~ knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CA USE #11-01-13703, 11-01-13704 AND 11-0]-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered suchd\'
e Ivery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex: Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inmale
Cory: J&C File
Cenlral Ii Ie
r
BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 904
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
th
506 JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex· United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11·01-13704 and 11·01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for final disposition of all W1tried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a fwther consent voluntarily to be returned to the institution in which I now am conImed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate ofIrunate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONTAE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint cOWlsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, infonnation or complaint is pending. Failure to list the name and address of cOWlsel
will be construed to indicate the Irunate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
Vrequest the Court to appoint Counsel. (Inmate'S Signature)
(
Record Copy - SIJIIo lAD Admini.tnotor; Copy - J&C File; Copy. Cenlnol File (Sec!. I); Copy. Proseculing Official (Mail Cenilied Relurn Receipl); Copy· Cleric orCour1
(Mail Cenified Rerum ReceiPI)
~/o
, .
, .
BP-S23&.OS 1 lAD - CERTIFICATE OF INMA TE STATUS CDFRM
Fcbnury 1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
I. The tenn of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1/30/13 Director, Bureau of Prisons Complex Warden
r (6;.)lJ.-'
D. Wren
Correctional Systems Specialist
Record Copy· State IAD Administrator
Copy. J&C File
Copy - Central File (Sect. 1)
Copy· Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
2/1
,
BP-S239.0SI lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30,2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
infonnation or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, infonnation or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, infonnation or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, infonnation or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please infonn us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Namerritle Custodial Authority:
¥'~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
CRIMINAL DOCKET
-/ '
-, SlM INC., DALLAS FORM CLD
DATE OF FILING ~\ ,
Number of
Case
STYLE OF CASE ATTORNEYS OFFENSE
Month Day Year .....
1
//-!J/-/J;'tf0 THE STATE OF TEXAS
d/L:!% mdZL--~ State (~./J/~/ / In 017, //or
vs. ( j7//U~ "r" Indi.ctment ) -
lA.Jj)J(/~c ~JJ-p./iJrf)(hp) ~0'.R~.J
~
// I) Fee Book
vo. cago
Defendant y I
Date of Orders Minule Book
Was ORDERS OF COURT WITNESSES
Month Day Year S:~~Ographer Vol. Page
li ~ I~ D- (Jr'f,s,fn+ - Cllllnw (/J)Qoln-kd +hVt5UU\h ~ IOI10J7 oJ J
Qubll'rDekrriar fur (jwl+ttp ~.
tSr<~ \fJIILlA 0 ~ 13 ~ OYLSGn+ 1).J1~,(,6e--' n1r. B)auKin fmLr+nmm-
o. 5ttt If (lDPed red -\t1 n5t{C] h mr, ma+h is , 6tlt+fS YYl6h ()()
fl5Y rbnhA uanc.e lA:;(A~ lruo.v-d 1olAe+-vuv L~+h IXkrdaltt'
mo hI) y) \1) Dis m]5 S . () -0-k r h,.Q.c~t~00 CLc?\U VYLQ.Y\.,+ Qf
CiliA n'itl an (J CbY)skLu1 m:£lrt'lt ~N ~+ -fT> und
C\ood eoJl~ to ~Yllf\+ +~ '3~~ls YVl6f10Y1.f15V ('N\1lf\U lYle..(
Q~ t~ bas)s (}~ rwti cl.Q..15[ at ~ In+ersitt-k:
[£Jd'\ nlZ-Y's Ocr, Ctknc;e CiJIlnse-l wll \ fu~r bnef
h\s rYlD-h'OYl ~ DlSm'lss, S~+e(' m01lon.(Dr JY\ebt"ODeJ n.U~
~ XtAJi'\ M S run,y-zf lLyt;\ ,.~ ~ t- hlatd tlrC1 UJvWJ1 rs ~
-, .fw C1Y1r1 QM InS)- §J!u 5dm..e.' t'Vlr*illn dt-ky'(ed
Otna.'1 nov 1\lY.}~x Ihv esfl~;n bl;\ ~ cttknse..
~nallv8 Ds[oveM--\ ~yV \}JtA~ siJ Y\.Qd and CWWS
nmv\dJd m~~ Gnt-t (lnd ~ aitense:., f\J b fuJ+-~ ~r
STATE OF TEXAS
VS. NO. 11/01-13103
wmln\Qw DO(\-\-C{L U2.sUr
Date of Orders Minute Book
.......
ORDERS OF COURT PROCESS
Month D..~ Year Vol. Page ~
C1
a:{')
~~ VV\{)J/tev6 be/OO hOj~brd ~ ~(Lnr1DY lA'x'1S ad.\6U.rfU-cL,
;. \\ Y \3 6 oYfse-rd- U)j"tOUI1'2>LQ fun~ 'B)avU~ Md l(J), 1111Clm~.
, Caf+-e..r C~SQI. SkUl<2 ~
u
'L0 If OLL(-t'lOOhl - Stctk O-Poeare d -th Y'tY\/lC\ h me E Itbn m~hl:S GIJ\.d ~/J
mI. fred EdLCa.ms~ 'i)isCt-{S'Sio(l100shL.i~ {)res:Y1+ vJ} w-u(\~ PYanl< 61Clul< o.x\.d lu\)liam r:. 0a ViGY' 0_ .
I Y\ ); t.s(-(.'. R. US)~
~tfuV'1-Yl5DtYI - 'Sl¢'.+e_C42oean?d i-'VH15VAh mr. ~ IW(l YY1Cl+nis OJ\.d
mr. VYP6\ ~r1wClrclC; - A~ M~~f t/a4(/J'-l5'/JJ?386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Afichigan, 507 U.S. 43,113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, infonnations, charges. and/nr ('",.,,~1~:-"'-
y \ \.....I \1.'~
i ') i -
U I, ';"'"\ . l T
. .1
presently pending in this jurisdiction, within a reasonable period of time not· I
/>-1 JO:(I(1;' f':~ (lei. (:")
Respectfully Submitted,
~. (\c", 'r\
\-\L CC \
~~./
k
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 9203 I
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
lJiS1l"C ct /~ttorV\{. L{
DYto GI-"'~kc.d Su-i\-t. \
1\e-h1P&"~CVlJ lX) 77LjLj-S
VIP Law Library Forms/NoticeSpeedyTrial-Detainer (Rev. 9/11)
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this --lk- day of
jC-l..I{\LALlC'd
----~~~~~,----------
,20 12 . , with sufficient postage affixed. It would be
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNTY
Heapstead, 1X 77445-4673
~i
ffiiTIique D~
~Lasker=» ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Forms! Certificate of Service (Rev. 8/11)
5
NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, rNFORMATIONS, DETAL'I"ERS OR
INDICTMENTS BY FEDER.\LPRISONER
ftT~~c~9£],TIStn'at~~iF!p FROM: Dominique Dontae Lasker
f~~"F:::;~~~",~~.~~~~
Reg. No. 22867-298
t{) L\, b b~ S-k {L t- S:,u;, \ {.. \ United States Penitentiary
Victorville FCC
l~ ~ VV\ ~ ~ y-t c.u1 T'" /7 Y4S PO Box DOl{ 3900
Adelanto, CA 91301
Dear Sir/Madam:
I. I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca12ital Murder Charge # 11-01-13703 979-826-8282
Ca12ital Murder Charge # 11-01-13704 979-826-8282
Ca12ital Murder Charge # 11-01-13705 979-826 .... 8282
#
2. I am presently, a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Sou thern District of California,
to a tenn of 121 months. My current projected release date from federal custody is August ,~,
20 ~ , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do riot allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the
delay in prosecution prejUdices my defense against these outstanding charges.
r have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
5.
disposition of untried warrants, indictments and complaints. Based upon these provisions r would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
Dated: ~\!7YR~:.~fk~~kJ~~:~2l~~~~w.z....b~-~
REQUESTOR
Authorizated by the ~ ODominique Don tae Lasker
July 7, 1955, as amended,
to administer oaths (18
WITNESS-PRISON STAFF MEMBER U.S.C. § 4004).
coprEs: ORIGrNAL TO DISTRICT AnORNEY, AND f-:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQL'EST TO COL'RT FOR DISMISSAL. ALSO: INCLL'DE
DOCl'ME!,\TA TlON FROM THE C.-\sE M.":-IAGER/RECORDS REGARDNG THE II.'ARRANT/DETAl:-lER A!,\D IF POSSIBLE YOUR S~NTENCE MONITORING/DATA
COMPUTATION PRI"'TOlT SHOI('I"G YOl'R PROJECTED RELEASE DA rE
VIP Law Library FOnTIs/NoticeSpeedyTrial-Detainer (Rev 9/11)
VIPDO 542*22 * SENTENCE MONITORING * 07-10-2012
PAGE 001 OF 001 * GOOD TIME DATA * 14:45:23
AS OF 07-10-2012
REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
ARS 1 ... : VIP A-DES PLRA
COMPUTATION NUMBER .. : 010 PRT ACT DT:
LAST UPDATED: DATE.: 12-30-2011 FACL .. : DSC CALC: AUTOMATIC
UNIT . . . . . . . . . . . . . . . . : 6 A QUARTERS ............ : F61-119L
DATE COMP BEGINS .... : 12-16-2011 COMP STATUS ......... : COMPLETE
TOTAL JAIL CREDIT ... : 412 TOTAL INOP TIME ..... : 0
.sPRRENT REL DT ... " .: 10-G-6-=2-G.~ EXPIRES FULL TERM DT: 11-29-2020
PROJ SATISFACT DT ... : 08-13-2019 TUE ", PROJ SATISF METHOD .. : GCT REL
ACTuM SAIISFACl' Dr. : .---- ACTUAL SATISF METHOD:
DAYS REMAINING ...... : FINAL PUBLC LAW DAYS:
GED PART STATUS ..... : DEPORT ORDER DATED .. :
---------------------------GOOD CONDUCT TIME AMOUNTS---------------------------
START STOP MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED
DATE DATE DIS FFT DIS FFT AMOUNT DATE
10-31-2010 10-30-2011 54 54
10-31-2011 10-30-2012 54
10-31-2012 10-30-2013 54
10-31-2013 10-30-2014 54
10-31-2014 10-30-2015 54
10-31-2015 10-30-2016 54
10-31-2016 10-30-2017 54
10-31-2017 10-30-2018 54
10-31-2018 08-13-2019 42
TOTAL EARNED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 54
TOTAL EARNED AND PROJECTED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 474
G0005 TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED
7
/I-DI~ 13/04
MOTION TO DISMISS FOR DENIAL OF
CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY
TRIAL
THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO
ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS
OF THE SPEEDY TRIAL ACT OF 191~8 U.S.C. 3161-317~.
THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS
DUE PROCESS right UNDER THE FOURTEENTH AMENDMENT TO THE
UNITED STATES CONSTITUTION TO PROMPT INITIATION OF THE
PROSECUTION, THE DEFENDANTIS RIGHT TO A SPEEDY TRIAL UNDER
THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION HAVE
ALL BEEN DENIED BY THE GOVERNMENTIS DELIBERATE AND PERSISTENT
PATTERN OF oppressive AND PREJUDICIAL DELAYS IN THIS ACTION,
ALL OFF WHICH HAVE COMBINED TO PREVENT THE DEFENDANT FROM
ADEQUATELY PREPARING A DEFENSE AGAINST CHARGES.
THE RIGHT TO A SPEEDY TRIAL WAS DECLARED
II FUNDAMENTAL II AND IMPOSED ON THE STATES BY THE DUE PROCESS
CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH
CAROLINA 386 U.S. 213,222-223
1.THE DEFENDANT IS SERVING A SENTENCE OF 121 MONTHS,
IN THE UNITED STATES PENITENTIARY AT VICTORVILLE FEDERAL
CORRECTION COMPLEX, SAN BERNADINO COUNTY, AT ADELANTO,
CALIFORNIA, WITH PROJECTED RELEASE DATE: AUG 13,2019
THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S)
(
INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO
NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND
MORE SPECIFICALLY ARE:
1. CAPITAL MURDER 11-01-13703
2. CAPITAL MURDER 11-01-13704
3. CAPITAL MURDER 11-01-13705
3.THE DEFENDANT HAS DEMANDED A SPEEDY TRIAL ON OR
ABOUT JULY 07 2012, ALL TO NO AVAIL. DEFFENDANT SERVED A
NOTICE AND DEMAND FOR SPEEDY TRIAL OR FINAL DISPOSITION,
PURSUANT TO TEX. CODE CRIM.PROC.ANN.ART.51.14
CONSTITUTION, ART 6 SEC 10 VIA FORM, ON THE OFFICE OF
DISTRICT ATTORNEY. AT THE TIME OF NOTICE UPON THE DISTRICT
ATTORNEY THE DEFENDANT PROVIDED A NOTICE WITH THIS COURT
CONCERNING THE OUTSTANDING CHARGES, WARRANTS OR COMPLAINTS.
4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED
AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING,
THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO
RESOLVE THE MATTER.
5. BASED THEREON, VIRTUALLY ALL LEGISLATURES
HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A
DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN
ART 12.01 ET SEQ).
6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO
ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE
DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED
BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT
INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT
STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN
ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL
CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE
INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS
COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.
RESPECTFULLY SUBMITTED
DATE: 'J-C)' \- li)../15
DATE: \'1 ~ ~O\\-
D;:;:d LASKER
STAFF
SUBSCRIBED AND SWORN BEFORE ME
THIS 12> DAY beL 20 11..-
FEDERAL CORRECTIONAL COMPLEX, V:CTORVILLE, CA
~~r:~;;;:O COU:ITY
ASS1MNAGER
AUTHORIZED BY ACT OF CONGRESS JULY 7,1955
TO ADMINISTER OATH3
(TITLE 18, U.S.C. SECTIGJ 4004)
liJ
INTHE District COURT OF Waller COUNTY
FOR THE STATE OF Texas [506 District]
----~~--~------
Waller County Sheriffs, ) NOTICE OF PLACE OF D1PRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL A~D FINAL
) DISPOSITION ... Pursuant to . . . . . . . . .
v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution. Art. VI. § 10 )
)
Dominigue Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby given that the above-named Defendant, D:mini.cp: D:nt:a= lBsker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
16 2011
- - - - - - -, on December
California Defendant has a projected release date
from federal custody on _A-'ug""-u_s_t_ _ _ _ _ _ _ . 13 , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending In this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial. an in abs/enfia
resolution be arranged.
VIP L~w Llhrary FormsiNoticcSpecd} Trial-Detainer IRel 9i111
/I
I Y v f· L· 11 J G
4. This Motion is based upon the Dt:fendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop[cr v..\'orlh
I" L e. J )..;\ i '6 ) 1/ 1 l.c.l ~ J ; 3 I )'
I
Carolina, 386 U.S. 213. 122-213 (1967). A state is responsible for a defendant's speedy trial rights.
even \vhere a defendant is held in federal prison. see: Smirh \' Hooe!" 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
!llichiRan, 507 U.S. 43,113 S. Ct. 1088, 112 L. Ed. 2d 406 (1993).
WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abste11lia. including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, infonnations, charges. anci/or ('f"I ...... ~J~:-.-
presently pending in this jurisdiction, within a reasonable period of time not V" ",~ U \ s), ' ~-t
Respectfully Submitted,
~~
~n~lIinique
. tae La: /'
Reg. No. 22867-298 &!'
United States Penitentiary
Victorville FCC
POBox ~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
1 hereby certify that a copy of this document \vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
DiS\('(C-t AHorV1tL{
D410 G~'" ~ \(C.d Su.i\t:
f\ eVVl p&'\ ao\.J 1 X. ) 77 YLj-5
Dominique Dontae Lasker
VIP Law Library Forms:"'oliceSp~ed)Tflal-[)e(ainer t Rl'v 9.'/ I )
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NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAI~ERS OR
INDICTMENTS BY FEDER<\L PRISONER
j rQ-ifQffi9001T;mtff;.f.:l:&ttwneVi<.·...
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FROM: Dominique Dontae Lasker
Reg. No. 22867-298
"L6~'6 If' S\{ U t- ~i \ (. \ United States Penitentiary
Victorville FCC
He.(V\~~r{uJ. T'1-. 17'i4S' PO Box JJOR 3900
Adelanto, CA 92301
Dear Sir'Madam:
I. I have been informed that I have the following outstanding warrant(s). indictment(s), or complaint(s} under the
following case numbers, issuing from your jurisdiction:
CaQital Murder Charge # 11-01-13703 979-826-8282
CaQital Murder Cha~ # 11-01-13704 979-826-8282
Cal2ital Murder Charge # 11-01-13705 979-826-8282
#
2. I am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California,
3. I was sentenced in the United States District Court for the Southern District of California,
to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~,
20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do riot allow my participation in certain r~~.!illi!ali~J~r.O£.rams. I rema~~c1assitication category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to in~'oke the statutes. rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (f ]0) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
D,,,d ~~~Et~O~f~lvdk'-~~!~~~'~~RE~Q~l~'ES~T~OR
,July 7, 1955, as amended, r. Dominique Don tae Lasker
to administer oaths (18
WITNESS-PRISON STAFF ~fE\fBE~·S.G. § 4004).
corlES: ()RI(;INAL I n DIS rRICT A rruR.'iEY. ·\.'';D KEEP (op\' FnR OW\; R.E<·I.IRIJ~ 10 fiE I <;ED 1\ I rll REI)I.P; r TO ('Ol'R T FIIR DIS.\I/SSAL ALSO: L'I('f I'DE
l)ll( I. '\tF.'\ L\ Ilfl' I fU ).\1 I HF C·\.'F \·f..\'i ·\GFR. REI 'OR DS REI; ·\Ri)!'I(; I!IE ". \RR V, I !)F r '11'11 R 1'1) If PI ",IHI I: YI)I'R <;1.::'; rr:'487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1) . District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNIY
Heapstead, TX 77445-4673
~5
iIlique ~~
; Lasker~ oc::::
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Forms! Certificate of Service (Rev. gil 1)
u.s. Department of Justice
Federal Bureau of Prisons
.. ~
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Federal Correctional Complex
Office of the Correctional SY(5t'~ Victorville, California
~~.-: - .i-HI-I--..~
0:"""1;
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV (a), which expires on (DATE Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving StateN (BP-A564)
and originals of the IAD Form V (BP-568) and lAD FormVI (BP-565).
The persons desLgnated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
16
Page Two
RE: Las ker, Dominique Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, helshe will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((lU~
/sl D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
It;;
\~
BP-S235 (51) IAD -NOTICE '-'1" UNTRIED INDICTMENT
u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: INSTITUTION:
LASKER. DOMINIQUE DONT AE 22867-298
FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreement on Detamers Act, you are hereby mformed that the followmg are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered suchdl'
e Ivery.
Linda T. McGrew,
DATE: NAME AND TITLE OF
Complex Warden
CUSTODIAL AUTHORITY
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inmate
Copy: J&C File
Centrallile
/)
BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 94
U.S. DEPARTMENf OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
. ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506th JUDICIAL DISTRICT WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for fmal disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my tenn
of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate ofInrnate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30,2013 LASKER, DOMINIQUE DONTAE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
L _ _ _ __
Vrequest the Court to appoint Counsel. (Irunate's Signature)
Record Copy· State lAD Administrator; Copy· J&C file; Copy - Central file (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy - Clerk of Court
(Mail Certified Return Receipt)
/~
BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS CDFRM
FebnIIry 1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1/30/13 Director, Bureau of Prisons Complex Warden
((j..i).u.--
l{' D. Wren
Correctional Systems Specialist
Record Copy - State IAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
/1
BP·S239.0S1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U.S. DEPAR~NT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30,2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, infonnation or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate ofInmate Status is enclosed. dated: January 30, 2013
Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, infonnation or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, infonnation or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Name/Title Custodial Authority:
'r~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
BP-S565.051 lAD I STAT!: WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
U.S. DEPAR~NT OF,JUSTICE FEDERAL BUREAU OF PRISONS
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298 via X
LAD __State Writ (check one), and do hereby agree to the following conditions in connection
with the request for custody of said inmate.
Conditions
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the same level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include disciplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our prosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of .the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Criminal District
Attorney, hereby submit the following information in connection with my request for
temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined during legal proceedings.
2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal
custody:
4. Name and phone number of the state agency, specific name of agent(s) who will transport
the inmate at direction of the court and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or the USMS, will be transporting
the inmate for the state.
5. Need for appearance of inmate and nature of action.
6. For State Writ cases only (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases).
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : _____________________________________
8. Signature of Notary Public Date
Original - J&C File, Copy - Central File This form replaces BP-S565 dtd FEB 94)
'89/05/2012 08:35 7G05( ~ RECORDS PAGE 02/03
BP-S568.051 lAD I'ORM V - REQUEST FOR TEMPORARY CUSTODY CDFRM MAULLO FEB 94
0. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Six copies. Siqned copiea M1J6t be sent to the pr:isoner and to the offiCial who has the pr.iZloner in
custody. A copy should be sent to the Aqreement Administrator of both thQ sending and the receiving
~tate. Copies 5hou.ld be.retained by the person filing the reque"t B.nd the judge who signs the request.
E'riOJ: to transfar 1.1nder this A9reement, an Inmate may be afforded a Ju.dicial hearing (Cuyler) similar
to that provided und€r the Uniform Extradition ~ct, in which the inmatQ may bring a limited challenge
to tne rec~iving etate's request.
Raqu•• t for Temporary custody
To: (Warden-Superinten~ent-D~rector) - Ins:ituti~n and Address ~
VI\J;t;c-f S+",t...s ?el",{~~frA~J Vlc.tol1v'dle- r.CC,; "P.o, .Bo)(.3C10~ A:DeL(~r.;zJ~)o~
Please be advised that (Name of Inmate) »OMI i\J J q LA Ii ::PONt At: Lt=\S KeJ2...12J('f'- 2.'iI, who
i y an inmate of your institution, is under (indicate appropriateJ
indictment J , . I riFlfemation) (eemplal:nt) in the (Jurisdiction)
<5 .... 1 Ll. \.0 ~ IleV' COCAlvly 1-e'lJ45, of which I am the (Title of Prosecutin9
Officer) DiSiV1,'~f ft H OY2..}V{! Said inmate is
therein charged with the offens s) enumerated below: 1_
Off.nae (s) Il - I '?
CP ('p.yi-\-~l Ml.4vt:>ev- 1\-01- 13 =r03o/(;~flit ... 1 J~v~~11-01-131otf-~ ~I
Ipropo~e to bring this perGon to trial on th e [indicate appropriate)
[~a~.~t) within the t~e specified in Article IV(c) of the Ag~eement.
In order that proceedings in this m~tter may be properly had, r hereby rQque~t temporary CUGtody or
such per$ons pursuant to Article Ivle, of thm Agreement on OQtDinere.
Attached herewith find in triplicate:
". Certifier:! copies of the complaint, information or indictment
b. Certified copies of the warrant
c. Certifiefj copies of f:.i.nqerprints, pn.otograph.!l Or physical desc:c;i.ption
I llereby agree that inunediately aftEir trial is completed in this jurisdictio'n, I will return the prisoner
direetly to you 0: allow any juriediction you h,ve dQsiqnated to taka tEmporary custOdy, I aqree cl$o
to co let. Form IX, The Notice of Ois osition of ~ Detainer, immediatel after trial.
Printed Name and Si9 nat ur Ti tIe I J)is t..,,'c. . .:\ Date
'= \ ~ON R. V\ r..t~~.s CQ.i\\,.\INA. IHi OV7 NoV Jl~ 1 20
Address: City/State: "1=J44S;- Telephone No.:
~4 S It:l..tJ,...S+-(~e.--+ \-\-eV\A.ps'be<=<\J IT~xJt5 q:rq - g2v . . . -=1-=1 IS
I hereby eertify that the per$O~ whose signature appears above is an appropriate officer within ·the
meaninq of A~ticlc IV(aJ and that the facts recited in this request for tempora CU8tody are correct
and that. having duly recorded said reql,lest, I hereby transmit it ~or 8ctj(on in cordance with i t . term
and the rovisiona of the Agreement on Detainers. (
Judge's Printed Name and Sign~ture Date
P\ I b~V'\ M. ~cC~\ fVo V ;It.,J 20'
Court
S D (P t-\.... ::J \.A.- 0 \' C " .4.. \
(h' b1'."
T loS f or.m may Po
We.. l \~ Cou.-. -t
rep located via WP)
. . . ".. ~\\
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I
Telephone No.
.'.\i'b t!rt M . Me'
t1"1
C BIg, J r. q21-0'11~
Judge, 506th~Judicial District Court
Waller and Gnmes Counties, Texas
Lv
" :,~ -
1 ZQI3(':'R':J
J d \ ;.; fr'~3'')7
j i • d
2
3
:lV~
. DEPUTY --..
"
4
5
IN THE DISTRICT COURT OF WALLER COUNTY
6 FOR THE STATE OF TEXAS
(S06th District)
7
8
9 STATE OF TEXAS, ) No. 11 - 0 1 -13 7'03 979-826-8282
) 11-01-13704 979-826-8282
Plaintiff, ) 11 - 0 1 -13 705 979-826-8282
10
)
11 vs. ) DEFENDANT'S PRO SE MOTION TO
. ) DISMISS THE INDICTMENT OR
12 DOMINIQUE DONTAE LASKER, ) INFORMATION HEREIN, OR IN THE
) ALTERNATIVE, DEFENDANT'S PRO
13 Defendant. ) SE MOTION FOR APPOINTEMENT OF
COUNSEL AT PUBLIC EXPENSE
14 -----------------------)
1. MOTION
15
COMES NOW pro se Defendant DOMINQUEDONTAE LASKER, without
16
17 the assistance of counsel, and moves tnis court for an order to
18 dismiss the indictment or information filed against him in the
19 above entitled action.
20 This motion is based upon all of the files and plead~ngs in
21 this case as well as the attached declaration of the Defendant.
22
23
24
25 DEFENDANT'S MOTION TO DISMISS - P~ge 1
26
II. DECLARATION OF DEFENDANT
2 DOMINIQUE DONTAE LASKER deposes and states as follows:
3 (1) I am the defendant proceeding pro se herein, I am over
4 the age of 18, and competent to testify in a court of law.
S (2) I have knowledge of the facts contained herein, and I
6 make this Declaration in support of my motion to dismiss, and in
7 the alternative, my motion for appointment of counsel.
8 (3) I am currently serving a sentence in Federal custody
9 in the United States Penitentiary at Victorville, California.
10 (4) In July 2012, I filed with the Prosecutor of this County
11 a NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND
12 FINAL DISPOSITION pursuant to Tex. Code Crim. Proc. Art. 51.14,
13 const. Art. VI, § 10, and the Interstate Act on Detainers.
14
(5) My notice was directed to the District Attorney at the
15 District Attorney's Office, 846-6th Street, Suite #1, Hempstead,
16 TX, 77445. (SEE Exhibit 1, attached herein)
17
(6) Since the filing of this request, the State of Texas has
18
made no attempts to have me returned to that jurisdiction to be
19
able to face my charges, and present a defense to these allegations.
20
(7) More than 180 days has elapsed since the filing of my
21
notice to the Office of the District Attorney, and they have made
22
no efforts to resolve this matter.
23
24
25 DEFENDANT'S MOTION TO DISMISS - Page 2
26
1 (8) I believe that any opportunity for me to have a fair
2 trial is gone due to the passage of time, and the memory fading
3 of any and all witnesses that I may call in my behalf.
4 (9) I believe that the longer it takes for me to get to a
5 trial will hinder my ability to present a defense, because I may
6 not be able to contact my witnesses, and gather information to
7 assist with proving my innocence.
8 (10) I am currently indigent, and proceeded indigent at my
9 federal trial. I cannot afford to pay for counsel.
10
(11) I am asking the court to appoint counsel for me at
11
public expense, so that my rights my be properly protected herein.
12
(12) Under penalty of perjury, under the laws of the State
13
of Texas, I declare that the foregoing is true and correct.
14
DATED this ~ day of Apt \\ 2013.
15
16
17
18
19
20
21
22
23
24
25 DEFENDANT'S MOTION TO DISMISS - Page 3·
26
,
IN THE Dis t ric t COURT OF Waller COUNTY
FOR THE STATE OF Texas [506 District]
----------~------
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION ... Pursuan t to ........ .
v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution, Art. VI, § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby given that the above-named Defendant, D::minicp: D:ntre Iasket- is
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further·
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
--------------,
on ------------,
December 16 2011
----,------ Defendant has a projected release date
from federal custody on __A--'ug""-u_s_t_________ _13"---__ , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending 10 this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial, an in abstenfia
resolution be arranged.
VIP Law Lihrary FonnsfNoticcSpeedyTrial-Detainer (Rev 9/11)
4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause or the Fourteenth Amendment. Klopfer v. :\'orrh
Carolina, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights,
even \V'here a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Michigan, 507 U.S. 43,113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges. anoinT ("'{'\",~I~:-.­
presently pending in this jurisdiction, within a reasonable period of time not
o jl
{' ..-v
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. -'I
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i
Respectfully Submitted,
~z
V""n~~minique
~tae Lat . / '
Reg. No. 22867-298 £!
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document \\:as mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
D\S1f-c e-t /~-ttO(V\{. L{
~ Lt~ G~ ~'( cd SLLi\'t- \
1\ eVV\p&.~ cV\.J 1 x.) '77 Jp a.....dh-rni nister oaths (18
..........
U.S.C. § 4004).
COPIES: ORIGINAL ro DISTRICT A ITORNE\', A!'ID KEEP COpy FOR 0\\':-1 RECORDS TO BE I:SED WITH REQL'EST TO COL'RT FOR DISMISSAL. ALSO: I!'lCLl:DE
DO( I:\·IE!'ITA 1101': FRuM rHE CASE \1ANAGEIVRECORDS REGARDNG THE WARR .... NT.'DETAINER A:-ID If POSSIBI.E YOL'R SE:-iTE:-ICE MONITORINGIDA fA
CO~1Pt.:T'" TIO:-; PP.I'TOL"T ,HOWI~G V()L'R PROJEFTEO RH EASE OA rE
VIP Law Library FonnsfNoliceSpeedyTrial·Detainer (Rev 9!J I)
,
(
\
Cause No. 11-0 / --- / ?f70 3
STATE OF TEXAS § /31cLj- IN THE DISTRICT COURT
§ J '3 r;[)S
v. § WALLER COUNTY, TEXAS
§
-fer § 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. 10:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under c.c.P., Art. 28.01. .
3. 1:30 p.m. HEARINGS & BENCH TRIALS
4. On or before lO-days before Pretrial Hearing Date all c.c.P., Art. 28.01 matters must be filed or will be considered waived.
5. 10:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to a.i ury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
5J----"'d-~~---'----').....:3=---, replacing prior Scheduling Orders.
Dated: _ _ _
Defendant's Signature Counsel for Defendant Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
!Iv
I
Copies: White--Clerk YeJlow--State Pink--Defendant Gold--Defendant's Attorney
i I~ 0 )-13, OtJ
WALLER COUNTY MAGISTRATE'S ADMONISHMENT FORM
WARNING OF CONSTITUTIONAL RIGHTS
This is to certify that the undersigned magistrate did, 24th day of May, 2013 at 2: t{-g a.m.lp.m., administer
the following warnings to:
NAME: LASKER, DOMINIQUE DONTAE DOB: 03/21/1984 AGE: 29
8.8#: 460·69ft7231/ D.L.II.D.#: TX·02477217
Address: 24875 PRIELIPP ROAD
WILDOMaR CA 92595
Phone: 760·508·9212
BljSINESS NAME AND PHONE:
f I
e. b ""rAn
(V) 1. You are charged with the offense of MURDER. affidavit, or complaint, charging you with this
offense (bas) EMe Bet) been filed with the appropriate court.
(..JJ 2. You have the right to remain silent, the right to have an attorney present during any interview with
Pffice officers or attorneys representing the state, and the right to temtinate that interview at any time.
(J) 3. You are not required to make any statement. Any statement made by you may be used against you in
c
co (.,.'"
STATE'S FIRST MOTION FOR CONTINUANCE
Now comes the State of Texas, by and through her Waller County Crinrinal District Attorney,
Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as
provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article
51.14 of the Texas Code of Criminal Procedure and would respectfully show:
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11, 2010 in Waller County, Texas. The indictments were signed on January
27,2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On infonnation and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
causes on or about May 24,2013.
5. The Defendant appeared before this Court for the first time on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defender refused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th, 2013.
7. The Defendant waived arraignment and entered a not guilty plea on July 15th, 2013.
8. The Defendant requested and was granted additional counsel on July 18th, 2013.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th, 2013.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
counsel.
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13. To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's file.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's file.
15. On or about June 12, 2013 the elected Criminal District Attorney Elton R. Mathis
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense counsel was requesting
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of state witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
19. The first assistant criminal district attorney is scheduled for hip replacement surgery
on September 3rd , 2013. Recovery time is anticipated to be up to eight weeks. This
surgery has already been rescheduled once so that the attorney would be able to try The
State of Texas v. Taylor McShan. The first assistant has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or anytime in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impermissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas and!or Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple formula
that applies equally to Class C Misdemeanors and Capital Felonies. The detennination
of when a case is ready for trial is in the province of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
THEREFORE, PREMISES CONSIDERED, the State of Texas prays thatthis Motion be
granted and this cause be set at a later date.
47
v~,J.J.I.I~~ubmitted,
onR. a s
Criminal District Attorney
Waller County, Texas
TBN 24014568
645 12th Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th Judicial
District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m.
~ Elton R. Mathis .....
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was served on
opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and
by facsimile transfer. ~ ~
~~
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis,
Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is
being subscribed to the foregoing State's First Motion for Continuance, and who after being duly
sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that
the statements therein contained are true and correct to the best of his knowledge.
~Elton R. Mathis
Given under my hand and seal of office, this the~y of-,o. .L~-:pc;.' .,,:;-.it.--fIP'l-+-r-I-.' 2013.
J'Ioi.Ol:aD.l'-1"'ublic in and for
Waller County, Texas
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
V. § COURT OF
DOMINIQUEDONTAELASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthennore, this cause is set for trial on
-------------------------
Judge Presiding
No. 11-01-13703, 11-01-13704 and 11-01-13705
CD
-<
THE STATE OF TEXAS § IN THE 506th DIST
o
VS. § COURT OF ~
c:
-I -0
DOMINIQUE DONTAE LASKER § WALLER COUNTY, XA~
1 ••
" N
u:>
STATES MOTION FOR COMPETENCY EXAMINATION
COMES NOW, the State of Texas, through the undersigned District
Attorney and moves this honorable Court, in accordance with the provisions
Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to
appoint a suitable expert to examine the Defendant and make written report
to the Court, without delay, as to the competency of the Defendant to stand
trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11, 2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing.
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something "wrong" with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
.5/
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
Respectfully submitted,
a s
District Attorney
Waller County, Texas
SBN: 24014568
ORDER
THIS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints , to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:--------------------
Judge Presiding
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506 th
Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was
served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first
class U.S. Mail and by facsimile transfer.
Elton R. Mathis
63
11-01-13703, 11-01-13704 and 11-01-13705 co <
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THE STATE OF TEXAS § IN THE 506th DISTRI w
("")::::J"Tl
onr
0
5:-tfTl
-u -tC"":la
v. § COURT OF ::!l:
-<,
• fT1
I ..
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0
-1::0
;T\:A
X
~
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS .;:- (/')
STATE'S FIRST MOTION FOR CONTINUANCE
Now comes the State of Texas, by and through her Waller County Assistant Criminal District
Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and
numbered cause as provided under Article 29.03 of the Texas Code o/Criminal Procedure, and as
allowed by Article 51.14 of the Texas Code o/Criminal Procedure and would respectfully show:
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11,2010 in Waller County, Texas. The indictments were signed on January
27,2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On information and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
,
causes on or about May 24, 2013.
5. The Defendant appeared before this Court for the first time on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defenderrefused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th , 2013.
7. The Defendant waived arraignment and entered a not guilty plea on July 15 th , 2013.
8. The Defendant requested and was granted additional counsel on July 18th , 2013.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th , 2013.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
.
counsel.
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13 . To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's file.
.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's file.
15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense coUnsel was requesting
55
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of state witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
,
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
rd
19. The undersigned attorney is scheduled for hip replacement surgery on September 3 ,
2013. Recovery time is anticipated to be up to eight weeks. This surgery has already
been rescheduled once so that the undersigned attorney would be able to try The State of
Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or anytime in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code o/Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impermissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple formula
that applies equally to Class C Misdemeanors and Capital Felonies. The determination
of when a case is ready for trial is in the providence of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be
granted and this cause be set at a later date.
57
Respe
~~/
..v
liy Sub 1 ed,
Frederick . Edwards C/
Assistant District Attorney
Waller County, Texas
TBN 06435100
645 1ih Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Frederick A.
Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person
whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after
being duly sworn on his oath states that he has personal knowledge of e facts relied on for the
Motion and that the statements therein contained are true and correct the bes his knowledge.
Given under my hand and seal of office, this the _ _ day of _ _ _ _ _ _, 2013.
Notary Public in and for
Waller County, Texas
59
11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthermore, this cause is set for trial on
------------------------
Judge Presiding
(
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DIST
-
~
c,..o.)
:t:""
C
G"J
o v.>
VS. § COURTOF ~ 0
-I -0
-< ::r:
DOMINIQUE DONTAE LASKER § WALLER COUNTY, T \ XA~
\ <::)
i ~
STATES MOTION FOR COMPETENCY EXAMINATION
C011ES NOW, the State of Texas, through the undersigned Assistant
District Attorney and moves this honorable Court, in accordance with the
provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal
Procedure to appoint a suitable expert to examine the Defendant and make
written report to the Court, without delay, as to the competency of the
Defendant to stand trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11,2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing. ,
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something "wrong" with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
IRI
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
rederic wards
Assistant District Attorney
Waller County, Texas
SBN: 06435100
ORDER
THIS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints
---------------------------------------, to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:---------------------
Judge Presiding
11-01-13703, 11-01-13704 and 11-01-13705 ::;E
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DOMINIQUE DONTAE LASKER § WALLER COUNTY, TE S W c'")
STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the undersigned assistant district attorney of Waller County, Texas, in the
above-entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and
for good cause shows the following:
1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure.
2. This motion requests the following information which is known by the attorney
for the defendant: the name and address of each person the defendant may use at
trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of
Evidence.
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays that this Honorable
Court will grant this Motion for Discovery of Expert Witnesses, or in the alternative, that this Court
will set this matter down for a hearing prior to trial on the merits and that at such hearing this motion
will be granted.
Assistant District Attorney
Waller County, Texas
&3
No. 11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
VS. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby
ORDERED that such motion be, and hereby is, GRANTED as to those things requested.
It is further ordered that the attorney for the defendant furnish counsel for the State the
requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas
Code o/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the
parties may agree.
SIGNED this the _ _ _ day of _ _ _ _ _ _ _ _, 2013.
Judge Presiding
6'1
\
CAUSE NO. 11-01-13704 o .s>
~ ..-0
THE STATE OF TEXAS § IN THE DISTRICT C9. RT oF
s::
§
VS. § WALLER COUNTY, T ex A ~
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys of record, and submits this his Motion to Dismiss and for cause would show the Court
the following:
1. The State of Texas obtained an indictment for Murder in this cause in January
20 11. Waller County placed a detainer on Defendant while he was serving time in a federal
prison. Defendant requested a final disposition to the indictment which was the basis of the
detainer under the Interstate Agreement on Detainers (IADA) , Art. 51.14 Texas Code of
Criminal Procedure. Such request also demanded a speedy trial under the constitutional
provision of the Sixth, and Fourteenth amendments of the United States Constitution.
2. More than 180 days have passed since the District Attorney and the Prosecutor
received Defendant's written notice and request. The District Clerk of Waller County received
the request on July 16,2012. Defendant contends that the District Attorney of Waller County
received the request on or about. that day as well.
3. No delay has been sought by the Defendant. The Court has not found that good
cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite
the passage of over 180 days.
MOTION TO DISMISS PAGE 1
C:\FB\CRIM_K-O\Lasker.DD.BI075\11-0 1·13704\Motion to Dismiss.OOI.wpd
See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that
an action on the indictment ... on the basis of which the detainer has been
lodged is not brought to trial within the period provided in ... Article IV hereof,
the appropriate court of the jurisdiction where the indictment ... has been
pending shall enter an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect. ")
Davis v. State, 345 S.W.3d 71, 75 (Tex. Crim. App. 2011).
4. Defendant is entitled to have the cause dismissed under both the IADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
('
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
MOTION TO DISMISS PAGE 2
C:\FB\CRIM_K·O\Lasker,OD.8107S\11-01.13704\Motion to Dismiss.OOl.wpd
(
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion for
Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of
September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO DISMISS PAGE 3
C:\FB\CRIM_K.O\Lasker.DD.8107S\ll-01-13704\Molion Lo Dismiss.OOI.wpd
CAUSE NO. 11-01-13704
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ dayof _ _ _ _ _ _ _ , 2013, came on to
be considered the above and foregoing Motion to Dismiss. After consideration of the same, it
is the opinion of the Court that Defendant's Motion be:
() GRANTED, and the indictment is hereby dismissed with prejudice.
() DENIED, to which ruling the Defendant excepts.
SIGNED: _ _ _ _ _ _ _ _ _ , 2013.
JUDGE PRESIDING
MOTION TO DISMISS PAGE 4
C:\FB\CRIM_K.O\Laske:r.OD.81075\II-OI-13704\Motion to Dismiss.OOI.wpd
·, (
CAUSE NO. 1l-01-13704
Cl
~
THE STATE OF TEXAS § IN THE DISTRICT ce
....(
§
VS. § WALLER COUNTY,
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE
TO THE HONORABLE JUDGE OF SAlD COURT:
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys of record, and submits this his Motion for Disclosure of Favorable Evidence, and for
cause would show the Court the following:
1. The State of Texas and its prosecutors have a duty to disclose favorable evidence
to the defense. Brady v. Maryland, 373 U.S. 83,87,83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).
It should be noted that the definition of favorable evidence is very broad and includes
evidence that is mitigating, even if it does not exculpate. The subject evidence in the Brady case
was merely mitigating.
2. The State of Texas and its prosecutors have a duty to disclose any evidence
suggesting that Defendant is not competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697
(Texas Court Crim App. 1979).
3. In this case Defendant is entitled to relief under the Interstate Agreement on
Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to
relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments
thereto relating to a speedy trial. Defendant is entitled to production of any evidence that
would support such claims.
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE I
CIFBICRIM_K-OILA,ke,.DD.B I 07511 1-0 1-13704\B"dy.OO I.wpd
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the District Attorney of Waller County to disclose any favorable evidence to counsel for
Defendant, instanter.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [TelecopierJ
By ____~________- 7_____ _
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [TelecopierJ
ATTORNEYS FOR DEFENDANT
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2
OFBICRIM)(.OILuker.DD.B 107511 1·01·13 7D4IBkcr.DD.flI07S\\ 1_0 1-11704\Mntinn In Dismiss.002.wpd
/5
3. No delay has been sought by the Defendant. The Court has not found that good
cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite
the passage of over 180 days.
See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that
an action on the indictment ... on the basis of which the detainer has been
lodged is not brought to trial within the period provided in ... Article IV hereof,
the appropriate court of the jurisdiction where the indictment ... has been
pending shall enter an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect.")
Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011).
If the 180-day time period set by Art. III(a) of the IADA began running on February 8,
2013, trial should have commen~ed on or before August 7,2013. If that period began running
on July 16, 2012, commencement of trial should have been on or before January 14,2013.
4. Defendant is entitled to have the cause dismissed under both the IADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
BYFran~!JI
State Bar No. 02475500
FIRST AMENDED MOTION TO DISMISS PAGE 2
C\FB\CRIM_K-Q\LAr;kcr.DD,S 1075\11·01·: 37f14\Mntion 10 Oismiss.002.wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and for~ing First Amended
Motion to Dismiss has been forwarded to opposing counsel on this the btIcl.ay of October,
2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
FIRST AMENDED MOTION TO DISMISS PAGE 3
C:\FB\CRIM)(.O\Lasker.DD,R 1075\1 1·01·1 1704\Mollnn 10 Dismisli.002.wpd
-" •••• --" ••• ~r,) '. ,
. :.;
Cause No. 11·- 0/·- 1"3 '103
STATE OF TEXAS § 1~10+ IN THE DISTRICT COURT
§ I :s l'Jo5
v. § WALLER COUNTY, TEXAS
§
Will it\ 411<': Dord1c I tL<5 kef § 506 TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
I~ (u)
2. -10;00 3.II1. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
I . ;J.
under c.c.P., Art. 28.0 I.
j[)'D{) I·
3. ~ --- /0 -!~" ~ HEARINGS & BENCH TRlALS(Jt(ff(;;/~
4. On or before to-days before Pretrial Hearing Date all c.c.P., Art. 28.01
fJ.ed--1-L~
matters must be filed or will be considered waivc?i:t.
5. 10:00 a.m. PRETRlAL HEARlNG
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously rulcd on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology rcquirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _--'-I.-'-l_-_Lt-'--'I-'--/)-""--_ _ _ _ , replacing prior Scheduling Orders.
Counsel for Defendant
7;J/Yl Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
PinkO-Defendant
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~·9;l.
645 12th Street
Hempstead, Texas 77445
Elton R. Mathis
Criminal DistrictAttorney
\l\faller County
November 18, 2013
Mr. Frank Blazek
1414 11th Street
Huntsville, Texas 77340
In Re: State of Texas v. Dominique Dontae Lasker
Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705
506 th Judicial District Court, Waller County, Texas
Delivered by FAX and by Certified Mail receipt # 7002 315000003033 7222
Dear Mr. Blazek,
Please find attached the State's proposed "Stipulation of Evidence" consisting of a number of
attachments. I have ta ken the liberty of filing these documents with the Court as well for purposes of
argument in your motion for dismissal.
Fred Edwards, Assistant District Attorney
Waller County District Attorney's Office
Waller County, Texas
Enclosures
th
Cc: 506 Judicial District Court
I \ .
N\... d-01-13703, 11-01-13704 and 11-01-1 .... /u5
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY. TEXAS
§
DOMINQUE DONTAE LASKER § 506THTH JUDICIAL DISTRICT
STIPULATION OF EVIDENCE
COMES NOW, the State of Texas and the Defendant through their undersigned
attorneys and enters into the following stipulation of evidence for all purposes and all aspects of
the trial of these causes, and would stipulate as follows:
1. The State of Texas stipulates that the State received documents marked as State's Exhibit A
(consisting of eight pages) on February 8, 2013.
2. The State of Texas stipulates that the State received documents marked as State's Exhibit B
(consisting offive pages and an envelope) on July 19,2012.
3. The State of Texas stipulates that the State of Texas through the Waller County Sheriff's
Office obtained custody of the Defendant on May 24,2013.
4. The Defendant stipulates that the State of Texas sent by facsimile copies ofthe indictments
against the Defendant to Kelly Palmer, U.S.P.O., SDICA, on October 7, 2011, consisting of
five pages, marked State's Exhibit C.
5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning
necessary forms for transfer on August 31, 2012, consisting of one page marked as State's
ExhibitD.
6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden
USP, Victorsville, CA forwarding completed lAD and required documents and USPS
Certified Mail Receipt card, dated January 2, 2013, consisting of nine pages and card, marled
as State's Exhibit G.
7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from
USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31, 2013,
consisting of two pages and forms, marked as State's Exhibit H.
8. The Defendant stipulates to a letter from USDJ, Victorsville, CA, Corrections Systems
Officer dated April 8, 2013, received by facsimile attaching Prosecutor's certification and
lAD VI, consisting of three pages, marked as State's Exhibit F.
9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas , Texas
Administrator cover letter and IAD Form VI to Linda T. McGrew, Warden, USPO,
Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service
Receipt, marked as State's Exhibit E.
1
,
... , . ·
r--.
10. The Defendant sL,.dates that the Waller County DA's (,-"ilice received from USDJ,
Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's
Office letter of March 20,2013, this facsimile received April 9, 2013, consisting of one page,
marked as State's Exhibit I.
11. The Defendant stipulates that the State of Texas sent a letter to the Warden of FCC-USP,
Victorsville, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May
1,2013, consisting of three pages and envelope, marked as State's Exhibit J.
Agreed to this the _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _:, 2013.
Defendant's Signature
Sworn to and subscribed before me on _ _day of _ _ _ _ _ _ _ _ _ 2013.
County Clerk, Waller, County, Texas
Approved:
Frank BlazekfBilly Carter
Attorney for Defendant
Elton Mathis
Criminal District Attorney, Waller County
Judge Presiding
506 th Judicial District Court
2
f5
" ,
,-
u.s. Department of Justice
.~
.. j
Federal Bureau of Prisons
Federal Correctional Complex
Office of the Correcti'onal Sys[j-'---:--f~-4-14-A'/' Victorvllle, Californla
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed,
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this. 30-day period, provided under
Article IV(a), which expires on DATE) Any court proceedings
must occur after this date,
Please remit to this office the original completed Form VI, ~
"Evidence of Agent's Authority to Act for Receiving State" (8P-A564)
and originals of the lAD Form V (RP-568) and lAD FormVl (8P-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner,
EXHIBIT
l 5+ - A.
..
I
,,-
(
Page Two
RE: Las ker, Domi n ique Don tae
Register No. 228~7-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody_
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sinc€Lely
Linda T. McGrew, Warden
(fu)~
/s/ D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
t?
,
, ,
~
DP-S235(51) lAD -NOTIC( J UNTRIED INDICTMENT
US. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REG ISTER NUMBER: INSTITUTION:
FCC VICTORVILLE COMPLEX
LASKER, DOMINIQUE DONTAE 22867-298
Pursuant to the Interstate Agreement on Detamers Act, you are hereby Informed that the follOWIng are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge, .
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Vour request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of sa id Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered suc hd e l'Ivery.
. DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inrnalr:
Copy: J&C File
Ccrllrallilc
BP·S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506 1h JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, information or
complaints arc pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, infonnation or complaints.
I hereby agree that this request will operate 88 a request for final disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(SI), Certificate ofInmate Status, and BP·S239(SI), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONTAE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
pwposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
@request the Court to appoint Counsel. (Inmate'S Signature)
Record Copy. sa.tc lAD Administrator; Copy. JokC File; Copy - Central File (Sect. I); Copy· Prosecuting Official (Mail Certified Retwn Receipt); Copy· Cleric of Court
(Mail Certified Rerum Receipt)
(
8P·S238.0S 1 lAD - CERTIFICATE OF INMATE STATUS CDFRM
Fe.....,. .9 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tennof commitment under whicn the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 . Director, Bureau of Prisons Complex Warden
~.U--
'(' D. Wren
Correctional Systems Specialist
Record Copy - State lAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
· I
BP-S239.0SI lAD· OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U. S. DEPAR'l'HENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: Janu~30, 2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the foHowing offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Namerritle Custodial Authority:
'r~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
{/
BE'-S565.051 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
u. S. DEPAR'l'HEN'.r OJ' JUSTICE FEDERAL BUREAU OF PRISONS
•
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DO~NIQUE DONTAZ, Federal Reqi.t.r Number 22867-298 via X
LAD __ St.te Writ (check one), and do hereby agree to the following conditions in connection
with the reguest for custody of said inmate.
Condition.
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the same level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include disciplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our prosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of .the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of T.x•• I, ELTON R. MATHIS, Crimin.1 Di.trict
Attorney, hereby submit the following information in connection with my request for
temporary custody of LASKER, DO~NIQUE DONTAE, Fed.ral R.qi.ter Numb.r 22867-298.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined durin Ie al roceedings. D~.(!.; +"
\ CCL\.,.~-t W,.... ""'1,*~
1:+ 2. Scheduled date for /,trial . 8 Il 3.
'K. a.\." .... S-;~"'j :S'\..v~~ l'l,Cf)iZe..- Zl)l.
"o~ 5 ~"'.c..J.)' ~ J
4. Name and phone number of the state agency, specific name of agent(s) who will transport
the inmate at direction of the court and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting
the inmate for the state. "1"'\\("C•. ~.O. q"'fC\~I'-~SZez.
6. For State Writ c •••• ~nly (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases).
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : _____________________________________
B. Signature of Notary Public Date
Original - J&C File, Copy - Central File ThiS form replaces BP-S565 dtd FEB 94)
89ta5/2812 88:35 76853~q RECORDS PAGE 82/83
.' , or
(
BP-S56B.OSl IAD FORM V - REQUES'.l' FOR TEMPORARY·CUSTODY CCFRM lWoUl.t.O FEB 94
U. S. DBPAR!'MZHT OF JUSTICE nD~ BtJUAU or PlUSOliS
Six copie.!. Siqned copiu must be scnt to th •. prisoner and to the ot'ficial who ha .. the prisoner in
custody. A copy should be sent to tile Aqr.ealent Administrator of both thlll .ending and the rttcei,,:ing
.state. COJ:li ••• hould be.utained by the perlon filinq the reque.t ".od the judq. who sig-ns the requa/lt.
Prior to tr4nllfer under this A9r.ement, an InmAte may be afforded I judicial hearing (Cuyler) similar
to that provided und~r the uniform Extradition ~ct, in which the inmatQ ~y bring a limit~d ch4llenge
to the rec~ivinq etate's reque.t.
Requa. t for T!mpOrary cu. tod.y
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address t
V"";{::;c1.s+ .. t,.s ?el"I{~~.J"fI"A'J~ v'ic.to~v'dlf" ~.cc../ 7-0· .Box:3'10~ ~De(~.;z.~)oS
Please be edvised thet (Name of Inl1late) »oMIN I'jLA Ii J)o1\J1 At: LJ;.S Kt:12....221('r-- 2,tf.T, who
~
. ~;III~~Y an inmete or your institution, is under (indicate appropriate)
!ld~~~~! /-iRfsmation) (-eoiUpiarnt) in the (Jurisdiction)
":3 (; b ' ~ c.,L \.0 Po Ile'V" Coc...lvty /-i>045 of which I am the (Title of Prosecuting
Officer) i5iS'\V!.,'c.+» H OY2.Jvt! Said irun.ate is
t.herein charged with t.he offens s) enumerated below:
Orran.a (.) t I - 0 1-
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J'k~yQ/r-
I propose to br ng this person to trial on t e [indicatlll appropriate)
('eOlUp1:.tllt) within. the time specified in Article IV(c) of t.he Agreement.
In order th.~ proce.dings in t.his m.tter may be properly had, I hereby requ •• t temporary cu~tody of
such per.ona pursuan.t to ~rticle IV/a) of thG Aoreement on DetAinere.
Attached herewith find in triplicate:
.,. Certified copiee of the complaint, information or indlctment
b. Certified copias of the warrant
c. Certified copies of !.tnqerprint~, photoqreph~ or physical desed.ption
I bereby aqree that immediately after trial is completed in this juri .. diction, I will return the prisoner
directly to you 0: alJ.ow any juri.diction you heve dQsiqnat.d to ~ake t.mporary custOdy. I aqrea 41~o
to co lete Form IX The Notice of Die osition of • Detainer immediatel after trial.
Prin~ed Name and Signatur Ti.tl,e I J)istt?\'~~ Date
E \ -\orJ ~. V\ ~:d~i..s C~I'\4II\J..c. FH10 11 NoV ~~} 20
Address: City/State: '9=jLfq.~ Telephone No.:
LPLf 5" I tJ...t-k S+(~ d \-l.. -e '"'"-f> 6-bE-c:,,~ ,1-< XIts q"1 q - <;"2 f., - 71 =l IS
I hereby certify thAt the peraon ~hosc 5~qn.t~re appears above is An appropriate of.~icer wiehlntne
meaninq of Articla IVCa) and that the fac~s recited in this request for tempora eu.tody are correct
And tna~ havinq duly rQcorded said reque~t, I hareby transmit it ~or act~n in cord.nee with ita term
and the rovision. of th~ A r •• ment on Det&iner~. (
Judge's Print~d Name ~nd Signature Date
A I 6.1\1'\ M· (V-.c etA\ foJo V :z ('J 20'
Court
SD (p ~ :r 1..oC--\J,'ci.4..1
Telephone No .
. Te'ip.,~ 0)1 (, v
(This fo~ may bR r.epllcat.d vi4 KP)
NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR
INDICTMENTS BY FEDERAL PRISONER
TO: Office of District Attorney FROM: Dominigue Dontae Lasker
Reg. No. 22867-298
(6 L\ k, b~ S\( c..c t- <;,ui \ ( \ United States Penitentiary
he. (V'0 ~r~uJ. T'I-.. ,7 Lj liS
Victorville FCC
PO Box DOll 3900
Adelanto, CA 9230 I
Dear Sir/Madam:
I, I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca2ital Murder Charge # 11-01-13703 979-826-8282
Ca2ital Murder Charge # 11-01-13704 979-826-8282
CaQital Murder Charge # 11-01-13705 979-826-8282
#
2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Sou thern District of California.
to a tenn of 121 months. My current projected release date from federal custody is Aug u s t , ~,
~o !2 ' as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4, The outstanding charges pending from thisjurisdiction adversely affect the conditions of my incarceration. and
do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to invoke the statutes. rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities. pursuant to the
requirements of applicable statutes for Interstate Agreern ent on Detainers ("lAD").
Cordially,
Dated: i· ';}..~-'-'o7 I 'a-- ~;r~-~ . "-~ ___
~ESTOR
~ff1l~~,-th\\t~. Dominique Dontae Lasker
---- Authorizated by the Act of '
WITNFSS-PRI<;ON S'l Mf- ~lEI\.3UfY 7, 1955, as amended,
corlf:s: (lIlIlili\.AI II J !)1~TRlrr .l\tR(~r;n.irn~~.W(Q4U1~I)~tar('( )IUJ~ 10 III I'SUJ \\Tnl RI:I)I Tq If) C()I 'Hl /-'l If: JlIS~"S~ ..\L. Al.so: t,,('1 I'll!
IJI JI I ~II
,,1.\ III J'\ I f::) \I I III (' -\SEtJ.SIG]tt.'§1.I4e04\~ ,.-\RPI'\I, rill· WAf:~ ,\~"r.·J)Fl AI',,· P. ~ \;/J II I'I)~~IIII I· Y' JI'JI <';1 "II:"W~ h!lJ~1l OI(l:.;,,!1 )A 1·\
('1 ""1'1'1 ·\1 Ill"" I'~I ....·II JI"I \11/'111'0,;10 ... ,,1 'R "RfJlI·,'1 r /1 ~!
d "" P·'.I!
": . EXHISI'r'
\'11' I .•'" I Ihran /-'()nn.~:NIIIICC~rcelh·1 nal·1 It'tmncr (I{n' Will J 5f-:8
[~THE District COURT OF Waller COUNTY
FORTHESTATEOF Texas
--~~~--~------
[506 District]
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION ... Pursuant to . . . . . . . . .
". ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution, Art. VI, § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, D:rniniq.e D:ntae lasker- IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
--------,
on December 16 2011
---,---- Defendant has a projected release date
from federal custody on _Au--'g""-u_s_t_ _ _ _ _ _ _ , 13 , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants.
informations. charges, and/or complaints pending in this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
.3. The defendant moves this Court to order he be brought for trial. and that ·prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. Th~ Defendant further requt:sts in an ahsence of availahility of tri:.tl. an il7 ah.l"le17fia
resolution he arrant!ed,
\'11' I.a,\ J.lnrarv l'orms'N{ltlcc"pcL"lJI'1 rlal-! )cUliner IRn '1'111
'.' I
. 1. This Motion is based upon the Ddendant's Sixth Amendment sp~dy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop(cr v. North
CarolinG, 386 U.S. 2 I 3. 211-223 (1967). A state is responsible for a defendant's speedy trial rights.
even where a defendant is held in federal prison. see: Smith v Hooel', 393 V.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fer 1'.
Michigan, 507 U.S. 43,113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from tederal authorities under LAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.
Respectfully Submitted,
Dated: (·a-01 d-- 107 I 03 ~2"
~~miniqUe ~ tae Lasker ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certity that a copy of this document vv'as mailed to the office of the district attomey/
prosecutor for this jurisdiction. addressed as below.:
DiS1f'C Ct 41-\-O(Vlt L{
'7> ll~ GI~, ~'\c.c I Su.i\'{
1\ ChI p~;.' C(;{.J 1 X J '77 LJ'-j-5
Date:' ~Ol d-- ( 07 /3 ,/~ :~---.
~~que Dontae Lasker
i
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USP/FCC, at Adelanto, California, on of
___ \.':"'\-L=:.C.A..~If'...=-::W&~"-l~dr--____' 20 12 ,with sufficient postage affixed. It would be
\
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WAllER COUNTY
Heapstead, TX 77445-4673
~'~
ffilTIique D ~Lasker~ ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VII' Law Library Formsl Certificate ofServlcc: (Rcl'. 8/11) 7?
.. ' I
VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1 . . . . . . . . . . . . . : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L
DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR T~HA~E'S CYRRENT COM~TMENT.
THE INMATE I S PROJECTED FOR RELEASE: C08 -13 - 2019 VIA GCT REL ~.
---- --------------------
----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------
COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMBER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010 ---------------------------
OFFENSE CODE .... : 551
OFF/CHG: 18:2113(A),(D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT. 1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW . . .
, ....... -I
~oc. Dominique Dontae Lasker .s~ 'J ·bt::..·~~: l"U::'1~d.t/l.r\!L f ·l~~t ·:~},·-.!L;i
-.'*~
.?".
.
Fed. Reg. -2286T-298 -
United States Penitentiary Victorville
P.O. BOX. 3900 j,J 3UL ,;:~nQ. ,·F~ ::i t
ADEI..ANTO, CA. 92301 . ",,'.
,,-·;-:::':-''''~'L
-"
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District Attorney/Prosecutors Office \\\ Ii'
LI' '\Ii
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For Waller County
\
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'Legal Mail" 2Y6 b~ stccet Sud=( I \ '~i !2~~~.:~ (,1"11 STlU':Jo:'I'. STI':. 1 • 1I1':MPSTl·: ..\D. T1';:'~AS 77H~
EXHIBIT
PIIONI':: ')7') H2(.-77IH. FAX: 1J7,) HHo·77:!:!
I: Sf -' C IO~
I
Transmission Report
Date/Time 10-07-2011 04: 55:31 p.m. Transmit Header Text WALLER CNTY O.A. MATHIS OFFICE
Local 10 1 9798267722 Local Name 1 WALLER CNTY. OA OFFICE
Local 10 2 Local Name2
This document: Confirmed
(reduced sample and details below)
I
Document size :B.5 x11"
ELTON R. MATHIS
CAIMI1. .IL DlSTalCT ATTORNI!Y
WALLER COUNTY
fACllNILE TRANSMITTAL SHEET
.... ltN
t..l-S. P.O. Sl>/c..A /D-,-II
•• £ .,." :('r"p'.I~T. STl!.. I • t{li.NP~TEAD. TP~A:S 7704H
rllONI! .,fJ 1!' .. 1":1'. II,\X: ,~., 1l2' T'fl2
Total Pages Confirmed: 4
Start Time Duration Pages Results
U.S. Probation 04: 51 :33 p.m. 10-07-201 1 00:03:34 4/4 CP14400
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct
f
NO. _/..;..'1_-.;:;..:)..;../_-_,_'__
1_--:"__
' :..;1::....-_ _
THE ST ATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ..!J?0:Zlt' JUDICIAL DISTRICT
BIM DOB: 0312111984
Charge: CAPITAL MURDER =~I:~
i~~"
Section: 19.03
Degree: CAPITAL FELONY
INDICTMENT I jl~~
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
~ t II~i ~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIreann, and did then and there intentionally or knowingl y cause the death of another
individual, namely, Janella Edwards. by shooting Janella Edwards with a fireann, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the llTIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
j0?-
NO. /1 (1/' /J 7d~ -
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ...Ji ~--lt JUDICIAL DISTRICT
HIM DOB: 03/2111984
Charge: MURDER
Section: 19.02
~ "'1
!III
i!;, ~
Degree: FlRST DEGREE FELONY ~
INDICTMENT 1:11 ~, ,_
The Grand Jury for the COWlty of Waller and the State of Texas, duly selected, ~ ~~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of ~ ,
506 Lh Judicial District Court of said County, upon their oaths present in and to said Co
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the Il'lli day of MARCH, 2010, and before the presentment of this indictment, in
Waller COWlty, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIreann.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
/03
I
(~ (~
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOl\1INIQUE DONTAE LASKER \-~b£JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: MURDER ~ _!:l
&~~
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
I~ II~I~~ '\-l
The Grand Jury for the County of Waller and the State of Texas, duly selected, r ~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th
. 506 tb Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the l1TIf day of MARCH, 2010, and before the presentment oithis indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson. by shooting Stanley Ray Jackson with a
fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
lot(
RECORDS PAGE fll/83
08/31/2e12 09:33
08/31/2012
DATE:
-_.-._.._..------------- -----..-_._---_._-_._------_._---
FRED EDWARDSI WALLER COUNTY S.O.
TO:
---_._------_ ..._..._--- .._---------_._-_•._-_._-----_.."._--
FAX: 979-826-7722
-._----_.-------......_.- .----"...,_._-----.._-_._-_._--------- ..._•._------_." . "
PHONE: 979-826-7718
._-_._-------------_...._------------.__..._--
ED PEREZ
FROM:
__
.-----.~----
_. FAX: - - - - - - ._--
._----_..760-530-5750 ._---_._..._-----
PHONE: 760-530-5700 EXT: 5881._--
3
PAGES: ._-- -_.---_.. ,,----,._-------
RE: lAD FORM V
cc:
------------.---.. -------.---~
COMMENTS:
Please complete the attached form. Once I receive the form V back, I will
complete the request here and forwarcl1he remaining documents to you. If you
have any questions please feel free to contact me at my direct line,
760-530-5881, if I do not answer please leave a message.
ThlJ messale Is intended for offlcfll ~se and mly ~ontaln
'SENSITIVE aUT UNCLASSIFXED (SBU) INFOR"ATION'.
If this me.'lle contains SENSITIVE aUT UNCLRSSIFIeD INFO~~TION,
It should b. p~operly delivered. labeled, stared, ~nd
disposed 01 .cco~d1nl to Federll 8ureau of Prisons policy.
OURGl~NT
o PLRAS'r<: COM1.mNT
/./ IPJ..EASJ~ REVU~W EXHIBIT
o F'or{ T.'OUR R.P~COR.DS
I Sf-])
'U.S. Postal ServiceTM ~
(
CERTIFIED MAILM RECEI""
~omestlc Mall Only; No Insurance Coverage Provided)
r-'I
Cartlnec:lF.. 02
POltm8lth"
Cl Retum A_lpt F.. He..
Cl (EndoIMmen! Aequlr.d)
Cl Reltrlctld Cellvery F.. I---
• Sender. Pleas. print your name, address, and' ZIP+4 In thl. box. ..
!/LW£lGJB1! .-~
CRIMI~Al DISTRICT
WAllER COUN
AE;/ Net*r _ 9 2013
.~" " ' , t::! j
I ,', lID
64512TKSTR~&J;': " ELTON:l '" ". " ' ,
HEMPSTEAD-, T)t 7-'f'~
"
COUNrYfJl',· .;.~!~.I.;;'
. ',J { .... II 'T '-T' ".
,. "" '~NE'f-
• I
645 12th Street
Hempstead. 'i!xas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
\/'valier County
April 17.2013
Texas Administrator - lAD
e/o Ms. Donna Bell
P.O. Box 99
Huntsville. Texas 77320
Lh
RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 Judicial District Court
of Waller County. Texas
Dear Ms. Bell:
It was a pleasure speaking to you earlier today. 1 am enclosing lAD Fonn VI for the
return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr.
Lasker is currently serving time in a federal prison facility in California for bank robbery. Do
not hesitate to contact me with any questions or concerns you may have or if you need further
documentation.
Sincerely yours.
5d!2~
Elton R. Mathis '
Waller County District Attorney
Ene.
... T r-
..
ilP-A0'1t'i4 lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDfRM
id'R 10
u.s. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
five copies. All copies, with original signatures by the Prosecutor and the Agents,
should be sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
use in establishing their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Agent's Authority to Act for Receiving state
To: (Administrator and Address) ~~c.- '-'S~
)..;..J.. -r: ~~~r~ v{..,.J.,,-
I 1).0 . -s'J./() 0
Be, )l.
V; c:.~r"d\~ <::A
Inmate (Name and Register No.) is confined in (Institution and address)
J.....&.'S\.(r) VD4'V'-'-t'\i.~e.. DD~e.. Fc..C. "~c..-b, ... ,,\\\e. 6~f\4!'1'- - uS?
P.O. 'BO)'- -S~O 0
~~S~(- Zq~ I ",." .fa (!..
"nri wi II be:: t.:lKCIl illLu "':USCucJy dt ::ldid Inscicution on (date) for
return to the County of ______~~~_~~~~k~~~~~_______________________________ ,State of
Te}c:A S ~ for trial. In accordance
with Article V(b), of said Agreement, I have designated:
gent's Name and Department Represented
~~ /fyd-lW &Sse:/;
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated prosecuti~cial'S Signacure
~~f-A-- -. . J),I1-,
a. d. City/Stata - Iki s ~ -" rf.
b. a. Telaphona No -
c.
To: (Warden-Superintendent-Direotor;)
h, c :
-p-ec. 'I," t:.. -hY1I" / Ie. ~::u·-t k y: - U5 P
P'D. 13,,)( sA/I) 0
A./~/~IoJ Crr 9~301
Oatad Detainer Administrator'5 Signature
a. Name - c. City/State
b. Addres8 - 0. Telephone No.
por ~re.cr1bed by PSS7!
2
Sa~m3C:1
1:39L90E91:39L E!l:3z;/8~/PI3 III
1:>1:3/1:>0 38\;;1d
41Stice
t: .s. Departmel1(
Prisons
Federal Bureau 0 f
-
Office of In mare SV$cems
VJccorvlll l , California 92394
Date; April 8, 2013
From' J Kaawalo a ffi
Title:' cor~ectional Systems 0 cer
Phone: (760) 530-5882
Fax: (760) 530-5750
To: ELTON R. MATHIS
CRIMINAL DISTRICT ATTORNEY
Telephone: 979-826-7718
Fax: 979-826-7722
SUBJECT; - LASKER, DOMlNIGUE 22867-289
COMMENTS! Attached is the Prosecutor's certification and the lAD form VI
evidence of agent's authority. I will need the originals before
we CQuld make arrangements for pick up. If you have any
questions please give me a call.
PAGES (Including Cover Sheet) 4
EXH,S\T
-
'l~
l - llY
~Z:01 £10Z/80/~0 ~
sa~083Cl
., .
•
- - ~- -- - -- --
ass~
a. Agree that said inmate will be provided safekeeping, cu.eocly, an d care willle":
h the&Dd3~ ~f
rupons1bi1ity for that custody to incluc:t. previd.inq the in:.at.e wit ;.
security r~qu1red by Bureau of Prison, ioliey. i ~o
b • Aqr.. to report te th. Burea~ of PriGons any probl..s assoc~. " teQ with uid nJDo&~,
r a~~~te
include di.cipllnary problem.. meclical a.ergeno1e. , ~u1cide att~t, e~cape 0 - .
escape or any D~r probl~ ar1~ing duriDq ~tment.
C. A;re. not to release said inD&ce on bail O~ bond or to commit thea to an institution fo
serv1ce ot any 3entence impo.ed in cDnneccicD with our prosecution.
d. A9 r •• to returD said 1nm.t. ~o the federal in.titucion from which ~hey were obtained at
the conolu.10n ot the inmate'$ appearance in the proceeding tor wnich ob~ned.
r
e. :gct notify the local jail authority of •&be r.spe~1b111ty to return the inmate to
••••ra ltDCU.tody.
~c!:.!roh··cutiD9 ofdcial
......~_=.;;;;:::,..,r~' ereby sUbmJ. t the fallowing' :l. t ot r... I ' -:-
tor the Stat. • ,!!!JI;~!c.~~.~.~ftl:;::':L..:=C=z=i.~t~M=J,:..;Dl=.:;tr==l::CI;.::t
~empor.ry cu.tody ot LAIKKa ~QOI n O~tion in cQDnection v1ch my reque~t fer
, ~, ~a1 bgi.t;u ~ 22811-291.
• . PrOjected date of return
cuatoay: of ~b. p~i30ner to federal
7. Signature another -al t
a.nd Tl tle ernat1lre 1""
.. not
ot E'rosecutor
~S~U~b:s:c;r:ib::d:-~~----________
e and
Date
8. Signature
--------
Origll'Jdl _
J.C FUl!,
of Notary Public
COpy - c entral
File
p0/~0 39'itd sa~::m:l 09L913E909L EH3~/80/p0 //3
s5
is confined in (Institution and addre )
Inmate (Name and Registar No.)
for
,st.ate of
retorn
and willto bathe County
taken intoofcustody . t ,aid ,.otitOt'O. o. (date) In accordanc;
I have -- for trial.
designated:
, 8a1Q A~reQnentl
with Article V(b) of '
Represented
Aqent'5 Name and Department
Aqent's Name arid Dep~rt.rnent; Represented
Aqent'e Name and Oe partment: RepreseZlted
==_________.~________--
Aq~nt'a
whose
(
s.19n~ture)
s~.qnatures . ",gents t
~ppear bel ow as ~
0
pri80ner.
return the (Aqent's S'lqnat.ure)
D~ted Prosecut'J.ng Official's Signature
SENDER: COMPLETE THIS SECTION
• Complete Items 1, 2, and 3. Also complete-.
Item 4 If Restrtcted Delivery Is deslredi' o Agent,
w.
• Print your name and address on the reverse
so that can retum the card to you~
• Attach this card to the back of the mallplsce,
B. R_l'Ied by (PrInted NIIJ'/fI)- C. Date at Delivery
or on the front If space perm~
[}, Is delivery address dItIanInl from Item 17' Ves
1. Art1cle Addr8ued t=, --- ; It VES, enterdellvayaddrau below:c - 0 Na--'
SeMca l'yp&., . .
~id Mal";:' o EXpress MaI"'''"- .
o RegJs1anId;.,;. 0 Ratum Receipt for Merchandise·
D Insured Malt a C.O.D~·
2; ArtIcle N"umben': i :.' - ,.----
(TransfW frorhs8rvice I~' --, 7Doa' 31Sru OOOrr303~ 71~1·
PS Form 381-1; February 2004' . DOmestic Ratum Receipt:- -
EXHIBIT
I 5f~6-
"
UNITEDSAN
STATESaEl:tNAS I~D.1Nc:>- CA ~r'~ ~
POSTAL ERVlCa:
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CRIMINAL DISTRICT ATTORNE
WALLER COUNTY =
64S12TH STREET !!:M " ,..-'
HEMP.STEAD'~, TX. 77445
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Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name 2
This document: Confirmed
(reduced sa mple and details below)
Document size: 8.S"x11"
Elton R. Mathis (979)~n18
Criminlll Diltrid Altomey (979)!28-T722 Fu
'J'.811er Ccunty
~nuary 2, 2013
Werden
Uniled Stale. P."fmntlary
ViC10rvllle FCC,
P.O. 80. 3900
Ad,.lanto, Califomia 92301
In R,., Inmate DOMINIGUE DONrAf lASKER, 22861-289
Requesr for Temporary Custody (lAD Form V)
Dear Warden,
Pleag lind our county's 'lOquest fort.mpor.lry cCJstody so tNU IMUltl! Oominque Dontae Lask,.r may
n.rd 1n.1 fo, Capital Murder In Waller County, TelOs.
I ha. . . rtached ClIOrtlfled copies 01 the indictments and warrants In this mattl!r. Th,... an! no tlnlerprlnls
or pttolo!1'aphs because the ee/end.Ilt rle-d Ollr Jurisdiction before arrest. He was ho_ver interviewed
by Teras .... n&en th,.re in Califomg.
It there is anythlns mort that Is needed tel ncl/lUte this temporary trander, please let me know.
7 rdS
/t?
~=~~
, /'
First Assistant District Attorney
Waller County, T,. ....
Total Pages Confirmed: 8
Start Time Duration
04:04: 15 p.m. 01-09-2013 00:01:41
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct
.'
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COpy
645 12th Street
Hempstead, ~xas 77445 Elton R. Mathis (979) 826-771 B
(979) 826-7722 Fax
Criminal District Attorney
'lfclJler County
January 2, 2013
Warden
United States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, California 92301
In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden,
Please find -our county's request for temporary custody so that Inmate Dominque Dontae Lasker may
stand trial for Capital Murder in Waller County, Texas.
I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints
or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed
by Texas Rangers there in California.
If there is anything more that is needed to facilitate this temporary transfer, please let me know.
First Assistant District Attorney
Waller County, Texas
"09/05/2EH2 B8: 35 RECORDS PAGE B2/B3
BP-SS68.051 IAD rome V - REQUEST FOR TEMPORARY CUSTODY CCFRM MAULt.Q FEB 94
U.S. DEP~T or JUSTICE FEDERAL BUREAU or PRISONS
Six copie~. Signed copi •• muet be sent ~o the p~isoner and to the official who has the pr.isoner in
custody. A copy should b. sent ~o Lhe Aqr.ement Administrator of both ~h. s.nding and the rec.iving
~tate. Copie • • hould be,retained by the person filinq the requ •• t and the judqe who signs the reque3t.
Prio~ to tr~n3f.r under ~hls Aqreement, an InmAte may be afforded a judicial hearing (Cuyler) similar
to that provided und~r the uniform Extradition ~ct, in which the inmatQ may bring a limitmd chQllenge
to the rec~ivinq etate's requ •• t.
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre~, n :
ljl\J;{::;J 5+>4 t,~ ?e,v 1 i~~.)'fIA'JJ V/c.tonv'd IE f-.CC 'J -:PD· Eo)(.3C10~ A-De(Aqj~)oSJ
Please be o!ldvised th"t (Name of Inmate) 150MI i\J I q LA Iii :001\.11 HE LI'li k~12..12S{,r--1.""', who
i y an inmate o[ your inst:it:u~ion, is under (indicate appropriate1
c..
indictment J 1 t-iAieRtc?lt:ion) (-eoIUpl!Int) in the (Jurisdiction)
'5 ,,1 T. "'-'~lleV' COC-4.vty 1-e'J45 , of which I BJT\ the (Title of Prosecuting
Officer) :DiS"tVlI'c:.. f H' H OY2.J\l~ Said. inmate i~
~herein charged with ~he offens g) enumerated below: 1. 13
O.t.t.n.e (_) t? { tI-
(j) Cp. p i-t ~ I Ml.4v.oe v- 1\ - 01 - 13 =1030/ C"" J9 ,'.1.. ,. ( JkL.\V VI"\- II -0 I - 13 =fO~ j§) ~r­
I propo.se to bring' thh peraon to trial on th1.8 [indicate appropriate)
r't:Otd~'b:tllt)within the time ~pecitied in Article IV(c) of the AgJ:'eement.
I nd ctment I_ i II! I it"'"
In order thac proceeding5 in this matter may b. properly had, I hereby rRque.t temporary cu~tody of
such persons pursuant to Article IV(., of thm Agreement on Dat4inere.
Attached he~ewith find in triplicateJ
a. Certifier:! copies of the complaint, intortrultion or ind.i.ctment
b. Certified copies of the warrant
c. Certified COp1~5 of !inqerprint2, phocoqraph3 or physical description
I hereby agr •• that immed.1ately after trial is complRted in this jurisdiction, I will return the pri.oner
directly to you 0= .llow any juriediction you have d~siqn.ted to ~ak. tEmPorary cu~tody. I aqreQ nlso
to co l.t. Form IX, The Notice of Dis OSition of Ii Deta.1nar, immediatel after trial.
Printed Name and Signatur Date
E \ -\.0,,", Q.. tv'\ p.t\...i$ L-~_,""",-, NoV JJ~ J 2012
Address: ci tylState: "1=; 4tf. ~ Telephone No.:
LP'i 5" l 'rltz.... S+(~ d \-\ -e ~p s-bEoc:q,) , I~"i.1t5 q -=i q - 9 2 v - "7 =i 18
I hereby certify that the person whose Signature appears 5bove is an appropriate of.ticer within ·the
rnea.ninq of Ar:ticla IV CI) and that the facts recited in this request for tempora cu.tody arR c:orrec~
and tha~ havinq duly racorded said reque~t, r hareby transmit it tor act~on in cordance wi~h ita term
and the rovision. of th~ A reftmen~ on Det.iner~. {
Judge's Print~d Name o!lnd Date
A I b~V"\ M· f\A.c C~\ IVo V ;2(,J 20/2..
Court
.s D (P ~ ::r~ 0\' C \' ~\ COCJ.v1
Telephone NO.
We.. l \~ Cou.- -t 0)1 (,..,
(This form may bR ~eplicat.d via WP)
NO • __
"I I" -1 , -
/_/_-_~,_/_.-_ _-_1_'_-J_~_ __
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER -:C,\6 C..·JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: CAPITAL MURDER ~ ~I:r
Section: 19.03
Degree: CAPITAL FELONY t~
INDICTMENT I li~;
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
'r ~I~ ~
~
empaneUed, sworn, charged. and organized as such at the January tenn, A.D. 2011 of the J:
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the llTIf day of MARCH, 2010. and before the presentment of this indictment, in
Waller County, Texas. did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards, by shooting JaneUa Edwards with a firearm, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the llTIf day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
\.
C:luse No. 11-0]-13703
TIlE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. W ALLE~ COUNTY, TEXAS
DOMINIQUE DONTAE LASKER S06TH JUD1CIAL
DISTRICT
Black/Male DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
S06TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MUL TIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, T XAS
BY:--~~~: - 4f1
. /' . Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the - - - day of - - - - - - - -, at - - - o'clock
_ _ .m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At ,in _ _ _ _ _ _ County, Texas, and placing
him/her in the WalJer County Jail on the day of ___________
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _ _ _ _ _ _ _ _ _ _ _ _ ,Sheriff
Mileage miles _ _ _ _ _ _ _ _ County, Texas
Taking Bond
Commitment By: _ _ _ _ _ _ _ _ _ __
Deputy
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOl\1lNIQUE DONTAE LASKER \.~L'(["JUDICIAL DISTRICT
81M DOB: 0312111984
Charge: MURDER ~ ~!:i
t~
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT J ji~~
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
(iIi ~
The Grand Jury for the County of Waller and the State of Texas, duly selected, r ~ ~\ '\. .
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of th
506 Lb Judicial District Court of said County, upon their oaths present in and to said Court
at said term 'that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIreann.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
C
P.o. So)'- -S.l{O 0
cQ~Sb{- zq~ A J. I dol"\.+0 c::!..
be taken 1.uLu \.!USLoay at ~aid Inst:itution on (date)
i'lnrl will for
return to the County of _______~~~~~~~k~E~~~-------------------------- ,State of
Ce)Ctt S '- for trial. In accordance
with Article V(b), of said Agreement, I have designated:
gent's Department Represented
~71f 1fyA.iW &s&t:.
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated
prOS~~ignature~
~./I-.
f
'.. ( .
a. Title - Y/~ I/t/' eo. p.l? d. City/State - Ik",?s ~ ~ rf. '7-''-11
b. Councy - ~t:,lkr e. Telephone No -
c. Add:re s s - ,tlfS- rZ -Ii s .frJ.#-? q-r,\ 81.~ .... 7'1 }~
To: (Warden-Superintendent-Director)
J,.., ek. -r: Pl.£! a, r 4--""" ( ld:.&or ~ r--
In accordance with the above ~epresentationB and the prov151ons of the Agreement
on Detainers, the persons listed above are hereby designated as ~gents for the
State of -r:€)(.A= S to return
(In~atel s Name ~c1. ~giseer No.) J...AcS'tt..eR." D{)tvI:P-Q:fivt# 'Dot/ret{
dt9=8 b 7- ~~ lJ to the county of b/SI,(£&! , Stat:e of
re::re S' , tor trial.
At the c:nYletion o::the trial (rnrnate) 6ASJ4:{J:!., '])Df"\:&"H%:C;;1..JcF p6Jo./7f19c
~~~- dZ9"!2., shall be retu.ned to the (Institution and
Address) :
-rt!.e V."c.. -irvln'lle. CofM.-tk)tf - VsP
p. D . I3D)( ~1't) 0
A'/~ !~~) ctlf 90< '6 0 /
Dated
a. Name -,t
~'
Cl
D...t-\.l C\C'\
c. City/State
d. Telephone No.
\\l\n\-5~\ \\E?,~Sml
b. Address
PDf' l D
..
()U ~rescr1bed by P5875
C\&.o- 46l)-~4~
2
sa~m3C! 09L90E91il9L
t:>B/v0 39!;;,d
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Cause No. \\-D1- I ?/10 3
STATE OF TEXAS
)1--2' - I .~ 704- IN THE DISTRICT COURT
rl~I-/~'7DS
v. § WALLER COUNTY, TEXAS
§
"D':2rn i ",', if! '" J::x,w/a 6 W:bkec § 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. .-ft):OO a.m. MOTIONS & PLEAS
/,'80 All parties and Counsel shall be present and prepared to discuss all issues allowed
f
under C.C.P., Art. 28.01.
3. .2-//--/1 V ~ HEARINGS&BENCHTRIALS(X~
Cj:DO £/5 / (fum /-/0- 1 IJ~
4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered w'Jved.
5. lOiOO a.m. PRETRIAL HEARING
q;oo Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a triill is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _ - -L-I_/- '~"'-.,- - :. l-li-·_ _ _ _, replacing prior Scheduling Orders.
Defendant's Signature Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
YelIow--State Pink--Defendant Gold--Defendant's Attorney
CAUSE NO. 11-01-13704 r-.J
-.... c:::J ~
I --_
THE STATE OF TEXAS § IN THE DISTRICT ICOUItf OF--::::;
§ ~ ~~
CJ - -~-:-;
VS. § WALLER COUNT¥ ....
T E 'Je A S-
-
~:
~. ___
=
I
DOMINIQUE DONTAE LASKER : 506TH JUDIC~STi)C'::i c
DEFENDANT'S FIRST MOTION FOR CONTINUANCE -~ ~ .-
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorney, Frank Blazek, and submits this his First Motion for Continuance, and would show the
Court the following:
1. This cause is set f?r Motions and Pleas on January 22, 2014.
2. Defense Counsel, Frank Blazek, is scheduled for trial beginning January 21,2014,
in Cause No. 25,790 - The State of Texas v. Plato August Splawn, Jr., in the 12th Judicial District
Court of Walker County, Texas. The case is first on the docket. The charge is attempted capital
murder and it is anticipated that the trial will continue through the end of the week and possibly
into the next week.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court
grant a continuance to Friday, February 7, 2014, at 1:30 p.m.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [ r]
By: ______---:-~--=--::----_+_-­
Frank Blazek
State Bar No. 02475500
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1
C:\FB\CRlM)C-O\Lasker.DD.81 075\11-01-13 704\Continue.00 I.wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2
C:\FB\CRIM_K-O\Lasker.DD.81075\II-OI-13704\Continue.OOl.wpd
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF WALKER §
BEFORE ME, the undersigned Notary Public, on this day personally appeared FRANK
BLAZEK, who, being by me duly sworn on oath deposed and said that he is the Attorney for
Defendant in the above entitled and numbered cause; that he has read the Motion for
Continuance; and that the facts stated therein are true.
F:2f!l
SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day ofJanuary, 2014, to
certify which witness my hand and official seal.
~~ul~~PA~~
Notary Public, State of Texas
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3
C:\FB\CRIM_K·O\Lasker.DD.B1 075\11-01-13 704\Continue.00 I.wpd
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing Defe;'!:dant's
First Motion for Continuance has been forwarded to opposing counsel on this the .~y of
January, 2014, by facsimile to 1~979-826-7722, addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4
C:\FB\CRIM_K·O\Lasker.DD.81 075\II.OI-13704\Continue.001.wpd
CAUSE NO. 11·01·13704
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
. §
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on thec2!..ld- day of January, 2014, came on to be
considered the above and foregoing Motion for Continuance. After consideration of the same,
it is the opinion of the Court that Defendant's Motion be:
K I,·VGRANTED, and the present cause is hereby continued until Ieb(~ c:urLJ 7
2014, at 1 {l.m.1
() DENIED, to which ruling the Defendant excepts.
SIGNED: Y~u..7 ,2-~ ?-o ('I
C:\FB\CRlM)(-O\Lasker.DD.81 075\11-0 I-I 3704\Continue.00 I.wpd
(
CAUSE NO. 11-01-13704
THE STATE OF TEXAS § IN THE DISTRICT Ornq;O&-~
§ rrJ
co :"! :.f)
~'~--I
VS. § WALLER T E Jf-A S~:?-;l
c 0 ;;;~:I
§ - - r.
DOMINIQUE DONTAE LASKER § 506TH JUDIC -<
- --
ISTIDc'f~.no
fTl
---,p:,.~- ;:;~
I .......
MOTION TO SUPPRESS CONFESSION I
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress
Confession, and for cause would show the following:
1. Defendant would show that the State intends to offer an alleged confession of the
Defendant; that said confession was taken without his attorney being present, in violation of the
Defendant's right to have his attorney present to consult with under Article I, Section 10 of the
Constitution of the State of Texas and the 6th Amendment of the United States Constitution;
that said confession was taken involuntarily from the Defendant in response to threats, in
violation of his right to remain silent as protected by Article I, Section 10 of the Constitution
of the State of Texas and the 5th Amendment of the United States Constitution; that said
confession was taken in violation of his right to due process as protected by the 5th and 6th
Amendments of the United States Constitution and the 14th Amendment thereto; and that said
confession was taken in violation of his right to due course of law as established by Article I,
Section 19 of the Texas Constitution. Admission of said confession would be in violation of
Article 38.22 and Article 38.23, Code of Criminal Procedure.
2. Defendant's purported confession is not audible on the tape. The jury would be
required to speculate as to the statement actually made by the Defendant. The tape does
contain many statements made by law enforcement that characterize the evidence developed in
the investigation and relate their account of what statement they purport the Defendant has
MOTION TO SUPPRESS CONFESSION PAGE 1
C:\FB\CRIM_ K-O\Lask.r.DD.81 075\1 1-01-1 3704\Suppr.ss.001.wpd
(
made. Such statements by law enforcement on the recording constitute a spealdng offense
report and are inadmissible hearsay. To the extent that they are a statement of what they
contend the Defendant told them, they constitute a violation of Code of Criminal Procedure
Art. 38.22, which requires that' Defendant's statement be recorded, not the officers' verbal
account thereof.
3. Defendant is entitled to a hearing on this matter wherein the State should be
required to prove beyond a reasonable doubt that any confession which the State intends to
offer was lawfully obtained and that the Defendant's rights under the Constitutions and the laws
of the State of Texas and the United States were fully protected. Defendant is entitled to such
hearing outside the presence of the jury and prior to the trial on this matter.
WHEREFORE, PREMISES CONSIDERED, the Defendant would urge this Court to set
this hearing prior to trial and that, at the conclusion of that hearing, any conJession or statement
by the Defendant, whether written, oral, or otherwise, and the recorded statements by peace
officers during the interview wherein the officers recount evidence against the Defendant and
state their version of what the D"efendant has told them proffered by the State be suppressed
and the State be ordered not to refer to, or introduce, any such confessions or statements by the
Defendant in the presence of the jury.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
J}m
By ___________________
Frank Blazek
State Bar No. 02475500
MOTION TO SUPPRESS CONFESSION PAGE 2
C:\FB\CRIM_K·O\Laskor.DD.81 075\1 I-OI-13704\Suppross.001.wpd
f11
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoin;g Motion to
Suppress Confession has been forwarded to opposing counsel on this the 7th day of February,
2014, by facsimile to 1-979-826-7722 and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO SUPPRESS CONFESSION PAGE 3
C:\FB\CRlM_K-O\Lasker.DD.81 075\II-OI-13704\Suppress.OO l.wpd
CAUSE NO. 11-01-13704
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ day of _ _ _ _ _ _ , 2014, came on to
be considered the above and foregoing Motion to Suppress Confession. After consideration of
the same, it is the opinion of the Court that Defendant's Motion be:
() GRANTED.
() DENIED, to which ruling the Defendant excepts.
SIGNED:
JUDGE PRESIDING
C:\FB\CRIMJ(.O\Lasker.DD.81 075\1 1·01· I 3704\Suppress.OOI .wpd
506th Judicial Di~ .. iict Court
Albert M. McCaig, Jr., Judge
Court Coordinator
www.CourtS06.com Susie Schubert
Court Reporter
Robyn S. Wiley
Grimes County
April 4, 2014 Waller County
836 Austin Street, Suite 307
Hempstead, Texas 77445
Fax: 979.826.9149
Ofe: 979.921.0921
Notice of Preferential Trial Setting
Waller County
Frank Blazek
Attorney at Law
1414 11th Street
Huntsville, Texas 77340
William Carter
Attorney at Law
108 E. Wm. J. Bryan
Bryan, Texas 77803
Honorable Elton Mathis
Criminal District Attorney
Waller County, Texas
645 12th Street
Hempstead, Texas 77445
Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705
State of Texas vs Dominique Dontae Lasker
506 th Judicial District Court of Waller County, Texas
Motions: October 6, 2014 at 9:00 a.m.
Jury Trial Setting: March 30, 2015 at 9:00 a.m.
The referenced matter has been preferentially set as stated above. Please see the Rules of the
Second Administrative Judicial Region of Texas for further explanation ofpreferentially set matters.
Please contact the Court Coordinator for a continuance or request for resetting the matter. Unless
prior approval for a continuance or reset of a preferentially set matter is obtained from the Court the
matter will be called as stated.
~{~k~
SUSIE SCHUBERT
Court Coordinator
c: District Clerk
Cause No. 1 \-0 \- 1'~10")
STATE OF TEXAS II-~I- 13'701 IN THE DISTRICT COURT
II --() I - /'~ '70S
v. § WALLER COUNTY, TEXAS
\2:M; D 'I 'fIle. ~ LCL'S fer §
§ 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.0) of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 1:30 p.m. ARRAIGNMENT
2. 9:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under c.c.P., Art. 28.0 I.
3. HEARINGS & BENCH TRIALS
4. On or before JO-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived.
5. 9:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the ease will plead or if a trial is required, and whether trial
is to the Court or to a jury.
At the Pretrial hearing all motions and other maners not previously ruled on will be heard. All parties must file and serve on opposing eounsclthe
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after Ihe Pretrial hearing.
Defendant bas received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _4_· _~_J+_---L-I_±~____,replacing prior Scheduling Orders.
Frtuf\-K ~ltLzeL Counsel for State
Defendant's Signature Coun~el for Defend~t
D,H~GJJta
ALBERT M. McCAIG, JR., Judge Presidirtg
£t-
Copies: White--Clerk YeJlow--State Pinko-Defendant Gold--Defendant's Attorney
i
97?-826-772J. Waller County DA 11 :22~?'l a.m. 04-08-2014 113
(
GAUSE NO. 11-01-13703
CAUSE NO. 11-01-13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS
TO THE HONORAJ3LE JUDGE OF SAID COURT:
Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attomeys of
record, with the consen t and approval of the state of Te:xas. and submits this his Agreed Motion
for Transcription of Pretrial Hearings and for cause would show the Court the following:
1. Defendant intends to apply for a writ of mandamus with the appellate courts of
Texas seeking dismissal of this cause in accordance with the Interstate Agreement on Detainers.
The Court's denial of that motion is based on the events and stipulations that occurred at
various pretrial hearings. Any application for such a writ 'will require that those hearings be
transcribed.
2. UnderSigned counsel certifies that he has consulted with Assistant District
Attorney Fred Edwards and the State agrees that Ulese hearing be transcribed.
VYHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court win Order
the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and
defense counsel.
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS PAGE 1
C;\"1oGl..rofUICIlII"U~·0\UJl.a.DD,aI075\II.QI·1l70Cl CMlfoo!"U .. CDT T.........nr"" ... rr.:U;a! Rarin"'''I'd
979-826-7722 Waller County DA 11:22:41 a.m. 04-0B-2014 2/3
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9. 784 [T~J1COP' r]
),1 I
By
/j
/
1 .
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motioll for
Transcriptioll ofPretrial Hearillgs has been fotwarded to opposing counsel on this the '("(oK-day
of March, 2014, by f.a,csim_.jI~tg~1.•9~7~W·i and ad~rcssed as follows:
,J.. \0\(.I..-L1(. "\c':)1"" J., (,L.t..OttA C~.· (-{- o~ /(nJcl.\- •.ljj (~?:, (".J,) J.L 1..>-.(.'",(1'""'-("'1 ,u::;,
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
AGREED MOTION FOR TRANSCRJPTION OF PRETRIAL HEARINGS PAGE 2
C:\,Nfl.Skart\fB'I£:RJM.. K.CN..&,hr.DD.Il07S\II.OI·1l70J CM\MoUan 'ar Trtn,mr'.lr," q' ~ttlal HCalln","1~
('17
~',/:I-OlO-' I ~l waller LounTY LJA 11 :22:48 a.m. 04-·08-2014 3/3
(
I
CAUSE NO. 11·01·13703
CAUSE NO. 11·01·13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X AS
§
DOMINIQUE DONTAE lAS'I.I_K-OlLasker.DD,SI07S\II-OI-1370-l\'\\otion to Dismiss for Violation of IADA.\\'pd
Attorney Fee Voucher
~SdiCtiOn 2. County 3. Cause Number Offense 4. Proceedings
District OCounty []Trial-Jury OTrial-Court
l[):ULeY' 11,0(- jj'103 CtL{iJ.- ,,-_L rVu,(xd.i'i
OCounty Court at Law
Court # S-{)?~
Gu .I I'vA f;."',s n-OI-/~104
• f'y'U..:..,'( cit /r
[]Plea-Open OPlea- Bargain
[]Other
ll-cJl- 13')O~ rY\.u...n::Le(
l"J)orvri Y'l~o.l1£-
5. In the case of:
State of Texas v DS-y\JQU (as{:L/
6. Case Level \..
~ Felony I 0 Felony II o Felony III o FelonySJ o Misdemeanor o Juvenile o Appeal [J Capital Case
o Revocation - Felony 0 Revocation - Misdemeanor ONo Charges Filed 0 Other
7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone
uS(ct~
Applicable)
hd./\l,(G Smither, Martin. Henderson & Blazek, P.c. ;;LCZS - ~~-/-
8. State Bar Number 8a. Tax ID Number 1414 11th Street II. Fax
Huntsville, Texas 77340
O;;}(( '/ S. soo 7& -05/)LJ 'ZG /
~C; t' '
e
f F • r I
AT I 0 ~r::;q _O'Clock M
" - 'nuclA JAM1~ SPADACHBNB
( WALLER COUNTY,1"EXAS
BY 1 t)
DEPUTY
No. 11-01-13703, No. 11-01-13704 and No. 11-01-13705 - The State of Texas v. Dominique
Dontae Lasker; In the 506th Judicial District Court of Waller County, Texas
Date Description Time
In-Court:
9-9-13 Court appearance (motions) 4.00 hrs.
11-4-13 Court appearance (motions) 4.00 hrs.
2-11-14 Court appearance (motions) 4.00 hrs.
Total In-
Court 12.00 hrs.
Out-of-
Court:
6-6-13 Telephone conference with Judge McCaig .25 hr.
6-9-13 Review internet accounts; visit client in jail 5.00 hrs.
6-10-13 Telephone conference with potential co-counsel .25 hr.
6-11-13 Telephone call to DA (left message); search internet for
information regarding client 1.00 hrs.
6-13-13 Telephone conference with DA .50 hr.
7-11-13 Telephone conference with potential co-counsel .50 hr.
7-12-13 Motion for Appointment of Attorney as Co-Counsel in
each case; Waiver of Arraignment and Entry of Plea of
Not Guilty in each case 1.50 hr.
7-15-13 Telephone conference with client's wife; telephone
conference with client's California attorney .70 hr.
7-23-13 Call to jail for booking information .30 hr.
8-27-13 Telephone conference with ADA Edwards .25 hr.
8-28-13 Telephone conferences (2) with DA; telephone
conference with co-counsel; visit client; visit with DA
and ADA Edwards; letter from client 8.00 hrs.
C:\Ne,Sh.,..,\FB\CRlM _ K-O\Lasker.DD.S i 07 5\S,.,emenLOO i.,,-pd
Date Description Time
8-30-13 Telephone conference with client's wife; receive and
review State's Motion for Continuance; State's Motion
for Competency Evaluation; State's Motion for
Discovery of Expert Witnesses and State's Notice of
Intention to Seek the Death Penalty 2.00 hrs.
9-3-1'3 Telephone conference with client's wife .3 hr.
9-4-13 Visit Clerk and obtain copies from file; telephone
conferences (2) with DA; visit client at jail; telephone
conference with client's wife 8.00 hrs.
9-6-13 Motion for Disclosure of Favorable Evidence; Motion
to Dismiss 2.00 hrs.
9-11-13 Letter from client .25 hr.
9-24-13 Work on IADA time line 3.00 hrs.
9-25-13 Telephone conference with District Clerk's office;
telephone conference with DA; telephone conference
with co-counsel; visit client in jail; pick up copies of
documents from District Clerk; receive and review
discovery 8.00 hrs.
10-4-13 Letter from client .25 hr.
10-8-13 Review confession (audio) of January 12,2011 2.00 hrs.
10-9-13 Continue listening to audio of confession; letter to co-
counsel 2.00 hrs.
10-10-13 Telephone conference with Craig Davis; telephone
conference with Brody of Federal Bureau of Prisons;
letter to Federal Bureau of Prisons 1.5 hrs .
10-16-13 Letter from client . 25 hr.
10-23-13 Telephone conference with client's wife .25 hr.
10-28-13 Telephone conference with co-counsel .25 hr.
10-29-13 First Amended Motion to Dismiss in each case 1.50 hr.
10-30-13 Telephone conference with potential investigator;
telephone call to co-counsel' s office .30 hr.
11-1-13 Meet with client and co-counsel at jail 4.00 hrs.
C:\No,Sh.re\FB\CRllv!_K-O\Lasker.DD.81 07 5\5,.«mont.00 I.wpd
Date Description Time
11-4-13 Telephone conference with potential expert .25 hr.
11-6-13 Letter to DA (w/proposed stipulations) 1.00 hr.
11-7-13 Telephone conference with potential expert; exchange
emails with DA; Ex parte motions for funding for
experts 1.00 hr.
11-11-13 Telephone conference with potential investigator .30 hr.
11-12-13 Letter from client .25 hr.
11-13-13 Letter to client; letter to DA (with additional proposed 1.00 hr.
stipulation)
11-14-13 Telephone conference with potential investigator;
telephone conference with co-counsel .50 hr.
11-17-13 Ex parte motion for funding for expert assistance .25 hr.
11-18-13 Telephone conference with co-counsel .25 hr.
11-19-13 Telephone conference with ADA Edwards .25 hr.
12-4-13 Telephone conference with potential investigator; email
to co-counsel; telephone conference with ADA
Edwards; telephone conference with co-counsel 1.00 hr.
12-16-13 Telephone call to ADA Edwards; left detailed message N/C
12-17-13 Telephone call to ADA Edwards; left voice mail N/C
12-31-13 Letter to DA .25 hr.
1-17-14 Defendant's First Motion for Continuance (of Motions .50 hr.
and Pleas setting) in each case
1-22-14 Letter from client .25 hr.
1-29-14 Letter to client .25 hr.
1-31-14 Telephone conference with client's wife .25 hr.
2-3-14 Telephone conference with co-counsel; telephone
conference with client's wife; telephone conference with
expert 1.00 hr.
2-4-14 Telephone conference with ADA Edwards; telephone
message to client's wife re: hearing schedule .30 hr.
C:\NetSh.r<\FSICRJl\,l_K·OlLask.r.DD.S 107 5'.St.t.C. ;:::.. z fT1
-\no
1414 lIth Street ::r.:: :<::;;
Huntsville, Texas 77340 -... -f:::O
m:x
(936) 295-2624
(936) 294-9784 Telecopier] !
W
en
I ><
1>
(J)
By =-----:?J~II___+___
Frank Blazek
State Bar No. 02 5500
NOTICE TO PREPARE REPORTER'S RECORD PAGE 1
C:\NetShare\FB\CRIM_K-O\Lasker.DD.8I075\Mandamus\Notice to Prepare Reporters Record I 1-01-1 3704.wpd
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing Desig?la{ion
Items to Be Included in the Record has been forwarded to opposing counsel on this t.he ~~y
of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
NOTICE TO PREPARE REPORTER'S RECORD PAGE 2
C:\NetShare\FS\CRIM_ K-O\Lasker. 00.8107 5IMandamus\Notice to Prepare Reporter's Record 11-0 1-13704.wpd
/!F3
CAUSE NO. 11-01-13704
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E XA S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and
numbered cause, by and through his attorneys of record, and requests that the following
instruments be included in the record for the Petition for Writ of Mandamus pending in the
First Court of Criminal Appeals under Cause Number 01-14-00631 styled In re Dominique
Dontae Lasker:
All pleadings and documents on file in Cause No. 11-01-13704, including:
1. Indictment;
2. Notice and Demand to District Attorney!Prosecutor for Trial or Disposition of Warrants ,
Informations, Detainers or Indictments by Federal Prison dated July 2,2012;
3. Notice of Imprisonment. and Request for Speedy Trial and Final Disposition dated
July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM";
4. lAD - Placement of Imprisonment and Request for Final Disposition datenanuag 30~
2013; :&= r-
,.... r-o
-40-. ....., ,.,,-
5. Certificate of Inmate Status dated January 30,2013; oS~ ~ ~~
~ t- , (")~.."
c: w g (");:::
6. lAD - Offer to Deliver Temporary Custody dated January 30, 2013; ~ ~ ~~g
:x:
_
:<~
-f:;:O
7. Order Appointing Counsel dated June 6, 2013; ••. rrJ~
W ><
U1 l>
en
8. Defendant's First Amended Motion to Dismiss dated October 29,2013;
9. State's Response to Defendant's Motion to Dismiss;
10. Order dated July 2,2014, although ruled on March 11,2014, denying Defendant's
Motion to Dismiss;
11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement on Detainers
filed July 14, 2014;
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD PAGE 1
C:\NotSharo\FB\CRIM_ K·O\Laskor.DD.81 07 5\Mandamus\Designation of Rocord I 1·01·13 704.wpd
12. Notice to Prepare Reporter's Record;
13. Designation of Items to be Included in the Record;
14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;
and
15. Docket Sheet.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street21 0
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [TelecopierJ
By Frank{:21l4
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [TelecopierJ
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing D~ation
Items to Be Included in the Record has been forwarded to opposing counsel on this th ~ay
of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD
C:\NetSh.,.,,\FB\CRIM_K·O\Lasker.DD.81 07 5\Mandamus\D.,ign.tion of Record I 1-0 1-13704.wpd PAGE 2 I b~
No. 11-01-13703, 11-01-13704 and 11-01-13705
-<
THE STATE OF TEXAS § IN THE 506th DISTRICT
Cl
VS. § COURT OF ~ (~
c .>0
-f
-<
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXA
rn ;);C
x
STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISl\t(lSS ~ ~
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas by and through the undersigned
Assistant District Attorney and submits this STATE'S RESPONSE TO
DEFENDANT'S MOTION TO DISMISS and would show as follows:
FACTS:
Stanley Ray Jackson and Janella Edwards were found murdered in their
residence in Brookshire, Texas in the early morning hours of March 10, 2010. Both
Edwards and Jackson had been shot in the head with a firearm. A lengthy
investigation ensued whereby it was discovered that Dominique Dontae Lasker was
home on leave from the United States Marine Corp during the time that Edwards and
Jackson were murdered. Lasker had lived with Edwards and Jackson at times during
his childhood. It was also determined through an FBI firearm analysis that a firearm
used in a October 30, 2010 bank robbery in California was the same firearm used to
. murderEdwards and Jackson on March 10, 2010. The firearm used in the bank
robbery was in the possession of Dominique Dontae Lasker. Lasker was interviewed
1
by Texas Rangers while he was being held in California and confessed to the murder
of Edwards and Jackson. Lasker was indicted by a Waller County Grand Jury of two
counts of murder and one count of Capital Murder on January 27,2011 and although
it is not clear from the court's records, the State presumes that a detainer was issued a
short time after indictment asking that Lasker be held to stand trial here in Waller
County.
While the murder charges were pending in Waller County:, Lasker was
sentence to one hundred and twenty-one (121) months imprisonment in a Federal
penitentiary on or about January 30,2013 for the California bank robbery charges.
On July 19t\ 2012 the State received a "Notice and Demand to District
Attorney for Trial or Disposition of Warrants, Informations, Detainers or Indictments
by Federal Prisoners, " presumably under Tex. Code Crim. Proc., Art. 5l.l4, Art.
III. It appears that the motion was received by the Waller County District Attorney's
Office via standard U.S. mail directly from Lasker without participation or
knowledge of the Federal Prison authorities and not certified mail as required by
Tex. Code Crim. Proc., Art. 51.14, Art. III. The motion did not contain the requisite
certificate from the warden of the holding authority and in its failure did not contain
any of the required information such as date of parole eligibility, good time
calculation, decisions of the parole board,. time remaining to be served and time
already served by the prisoner.
2
/h7
On August 31, 2012, Waller County requested and received lAD Form
V from Ed Perez, an administrator for the Federal holding facility. The State intended
to bring Lasker back to Waller County in accordance with Tex. Code Crim. Proc.,
Art. 51.14, Art. IV.
On January 2,2013 the State sent a request to the Warden of the holding
authority for temporary custody of Lasker. This request included copies of the
indictments and warrants as well as IAD Form V, "Request for TemporaIY Custody."
Of note is the inclusion of a signature block for the Judge of this Court on lAD Form
V.
On January 31, 20 13 (the actual date of receipt is unclear but the letter
was presumably written on January 31,2013), Waller County received a response to
its request for temporary custody of the inmate advising Waller County that the
inmate had waived his thirty day notice to object to the temporary custody. The
Warden further advised that yet another form (IAD Form VI, "Evidence of Agent's
Authority to Act for Receiving State), would be required along with signatures of the
actual agents who would eventually pick up the prisoner.
Also attached to the above were IAD Forms "Notice of Untried
Indictment", "Placement of Imprisonment", "Certificate of Inmate Status" and "Offer
to Deliver Temporary Custody." The effect of these Forms was to make a demand
on Waller County, State of Texas to bring the inmate back to Waller County for trial
3
/fv{
in accordance with Article III of the Interstate Agreement on Detainers Act. This
notice was delivered on or about February 8, 2013. It should be noted that the
Certificate of Inmate Status was not in compliance with Article III in that (1 )it left
blank the date of parole eligibility and (2) left blank any mention of decisions that
mayor may not have been made by the parole board concerning the inmate.
On April 8, 2013 Waller County received by FAX a copy of the request
lAD Form VI from the Federal Warden.
On April 17, 2013, Waller County sent lAD Form VI to the Texas lAD
administrator, Donna Bell.
On May 1,2013, Waller County forwarded on lAD Form VI that had
now been signed by the Texas lAD Administrator to the Federal Warden.
Lasker was returned to Waller County on May 24, 2013 and has been in
Waller County custody since that time.
The Defendant's first court date in Waller County was on June 4, 2013.
At that time the Defendant informed the Court that there were a number of motions
on file and that he wanted a decision on those motions. The Court informed the
Defendant that he needed to be represented by counsel. The Defendant had in fact
requested in his lAD Form "Placement of Imprisonment," that he be appointed
counsel by the requesting Court for all matters preliminary to trial. With that in mind
the Court appointed the Regional Public Defender on June 4,2013 and continued the
4
matter until such time as the Regional Public Defender could consult with Lasker and
otherwise become prepared to be to heard on the various motions that Lasker had
filed.
At some point after June 4, 2013 it was determined that the Regional
Public Defender could not represent this Defendant. The Court then appointed Mr.
Frank Blazek on June 6, 2013. A few days later Mr. William Carter was appointed as
co-counsel.
After the State met and discussed the case with Mr. Blazak it became
apparent that the Defense was not going to initiate any sort of court settings. The
State requested a Court date so that certain matters could be heard. On September 9,
2013 the Court heard and granted its second continuance for good cause shown until
November 4, 2013 whereby the Defendant waived arraignment and a scheduling
order was signed by this Court.
APPLICABLE LAW:
The IADA is a congressionally-sanctioned compact between the
United States and the states. Cuyler v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703,
709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the
party states and the purpose of the IADA is to encourage the expeditious and
orderly disposition of outstanding charges and detennination of the proper status of
any and all detainers based on untried indictments, infom1ations, or complaints."
5
Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this
purpose, the IADA pennits a state to tile a detainer against a defendant residing in
a prison in another state, gain temporary custody of the defendant, and prosecute
the defendant on the charge that forms the basis of the detainer. u.S. v. Mauro, 436
u.S. 340, 351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).
The IADA also provides a mechanism for a person incarcerated in one
jurisdiction with charges pending against him in another jurisdiction to be tried on
the pending charges before being released from incarceration in the first
jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either
the defendant or the jurisdiction where charges are pending may demand that the
defendant be tried on the pending charges. Id. Arts.!, III, V.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever during
the continuance of the tenn of imprisonment there is pending in any
other party state any untried indictment, information, or complaint on
the basis of which a detainer has been lodged against the prisoner, he
shall be brought to trial within 180 days after he shall have caused to
be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his
imprisonment and his request for a final disposition to be made of the
indictment, information or complaint. ..
The [AD also states that the prisoner's request in Article [II (a):
Shall be accompanied by a certificate of the appropriate official
having custody of the prisoner, stating the tenn of commitment under
6
/1 f
which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decision
of the state parole agency relating to the prisoner.
ARTICLE V.
(c) If the appropriate authority shall refuse or fail to accept temporary
custody of said person, or in the event that an action on the
indictment, information, or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article HI or Article IV hereof, the appropriate court of
the jurisdiction where the indictment, information, or complaint has
been pending shall enter an order dismissing the same with prejudice,
and any detainer based thereon shall cease to be of any force or effect.
To request final disposition under article III, the defendant must cause
"to be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his imprisonment
and his request for a final disposition to be made of the indictment." ld. art. IH(a)
(emphasis added). The IADA provides that a defendant can perform this
requirement by sending the written notice and request for final disposition to the
official having custody of him, who would then forward it to the appropriate
prosecuting official and court by registered (certified mail, return receipt
requested). /d. art. III(b). The Supreme Court has held that the I80-day provision
"does not commence untirthe prisoner's request for final disposition of the charges
against him has actually been delivered to the court and prosecuting officer of the
7
/7;2-
jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,
113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577,
580 (Tex.App.--Dallas 1998, no pet.).
The inmate bears the burden of demonstrating compliance with the
formal procedural requirements of Article III." Morganfield v. State:. 919 S.W.2d
731,734 (et. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430,
434 (1st eir. 1991); Bryant v. State, 819 S.W.2d 927, 930-31 (Tex.App.--Houston
[14th Dist.] 1991, pet. refd).
The failure of another state to follow the lAD does not require
dismissal of the Texas [receiving state] charges." Bryant v. State, at 929. Delay
caused by holding jurisdiction tolled until the receiving State receives the
completed request form. Id. at 931.
In Bryant, the court found that when the holding jurisdiction failed to
send Bryant to Texas because of pending charges in other jurisdictions, that time
the defendant was unavailable to Texas should not be taxed against Texas because
Bryant was unavailable to her. At 931.
The denial of a defendant's motion to dismiss an indictment under the
IADA is a question of law reviewed de novo and the factual findings underlying
that decision are reviewed on a clearly erroneous standard. United States v. Hall,
974 F.2d 120t 1204 (9th Cir.1992).
8
/73
A prisoner seeking to benefit from the statutory provisions [of the
Uniform Mandatory Disposition of Retainers Act] must tirst meet the burden of
compliance with the 'agreement.' I'vlcCallum v. State, 407 So. 2d 865, 869
(Ala.Cr.App.1981). There must be strict compliance by the prisoner with the
requirements . . . , otherwise, a conniving prisoner could finagle procedures to
frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate
Compact on Detainers'), and attempts to deal directly with officials in the receiving
state, he must satisfy the additional requirements of the agreement which would
normally be executed by officials in the sending state." McCallum v. State, supra,
at 869." Seymore v. State, 429 So. 2d 1188,1193-4 (Ala.Cr.App.1983). fVhitley v.
State, 392 So. 2d 1220, 1224 (Ala.Cr.App.1980), cert. denied, 392 So. 2d 1225
(Ala.1981 ).
If a Defendant takes it upon himself to notify the prosecutor and the
Court directly, he is responsible for seeing that the notice is sent in the form
required by the lAD. If Defendant's correspondences never properly comply with
the notice requirements of the lAD so as to constitute "the required request," the
180 day period does not begin to run until Texas authorities have received the
completed request form. Burton v. State, 805 S.W.2d at 575. When an inmate fails
to serve the court where charges are pending, then he has failed to comply with the
requirements of Art. III and the clock does not start ticking against the receiving
9
/71
jurisdiction. State v. Votta, 299 S.W.3d 130, 137 eCt. Crim App 2009).
Article III, section (a) of the IADA states that the prisoner's request
must be "accompanied by a certificate of the appropriate official having custody of
the prisoner stating the term of commitment ... the time already served, the time
remaining ... on the sentence, the amount of good time earned, the time of parole
eligibility... and any decision of the state parole agency relating to the prisoner."
TEX. CODE CRIM. PROC. ANN. art. 51.14, Art. IIl(a) (West 2006). And, should that
information not be forwarded with the request for final disposition, the 180 day
time line remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.,·Fort Worth
1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App.
Amarillo, 2012).
In a long line of cases that includes Pm-veil v. Alabama, 287 U.S. 45
(1932), Johnson v. Zerbst, 304 U,S. 458 (1938), and Gideon v. Wainwright, 372
U.S. 335 (1963), this Court has recognized that the Sixth Amendment right to
counsel exists, and is needed, in order to protect the fundamental right to a fair
trial. The Constitution guarantees a fair trial through the Due Process Clauses, but
it defines the basic elements of a fair trial largely through the several provisions of
the Sixth Amendment.
ARGUMENT:
This case has become convoluted for a couple of reasons. The
10
/}5
Defendant allegedly committed the murders in Waller County on or about March
10, 2010 and fled the jurisdiction. He did not become a suspect until facts became
known about a bank robbery and his arrest in California on October 30, 2010.
From that time until December 16, 2011, the Defendant was being held in
California for trial. He was sentenced on December 16, 2011 and was committed
for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary
in California. The Defendant was indicted on the Waller County murder charges a
couple weeks later on January 27, 2011 and presumably a detainer was placed on
the Defendant shortly thereafter.
The Waller County District Attorney's Office entered into a number
of informal telephone conversations through the Waller County Sheliff s Office
with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what
was needed to get the Defendant back to our jurisdiction for trial.
Then on July 19, 2012 the Waller County District Attorney's Office
received through regular mail attachment Number 1. The document: is entitled
"Notice and Demand to District Attorney/Prosecutor for Trial or Disposition of
Warrant, Informations, Detainers or Indictments by Federal Prisoner" and
attached to that motion was what appears to be some sort of sentence monitoring
sheet. It further appears that the document was sent by the Defendant without any
participation or notice to the warden or the prison authorities there in California.
11
This is one of the documents that the Defendant claims in effect to be a notice
under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180
days of receipt of the notice by the Court and the District Attorney. If such were
the case, then trial would have had to be commenced on or before January 16,
2013. Another consequence of this notice, if it were effective, is that: it in effect
waives the right of the Defendant to insist on the formal extradition process and
renders consent to be taken back to the jurisdiction seeking the Defendant for trial.
There are a number of problems with this Defendant's attempt at
giving an Art. III notice. The notice has a few "shalls" in its wording. First, in
Art.III (b) the notice "shall" be sent by registered or certified mail, return receipt
requested. This requirement among other things gives both the prosecuting
attorney and the Count some idea of just when the 180 days begins to run and does
not leave that important date up to the vagrancies of in-office date stamping,
claims of in-office routing problems and the like.
The second "shall" in Art.III (a) reqUIres that a "certificate" be
included by and from the warden of the holding facility. The Article goes on to
say that there are at a least five pieces of information this certificate shall contain:
1) the term of commitment, 2) the time already served, 3) the time remaining to be
served on the sentence, 4) the amount of good time earned, 5) the time of parole
eligibility of the prisoner and 6) any decision of the state parole agency relation to
12
/77
the prisoner. All of this infonnation is vital to the decision making process that
may come into play by the trying Court and to the prosecutor. Another important
concern that comes into play in this case is that the request by the Defendant
through the warden of the holding authority gets the warden into the information
loop, the import of which will be discussed below.
It is clear from the case law cited above that a failure on the warden
OR the Defendant to strictly comply with the Interstate Agreement requirements in
Article III results in no notice to the trying Court and the prosecutor. (See Fex,
Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, ( .. the 180
day period does not begin to run until Texas authorities have received the complete
request form .. .}Burton, Lara, Garcia.
The failure of the Defendant to make his request through the warden
caused the prison authorities to be in the dark about the Defendants intentions
concerning returning back to Waller County. The warden did not know that
Defendant had made a demand to be returned, so that when answering inquiries
from Waller County about the Defendant's return, the holding authorities advised
Waller County would have to make our request in accordance with Art. IV. This
procedure requires the filing out of various forms and the obtaining of various
signatures before Art. V (also requiring additional forms) could be triggered and
the Defendant could eventually be picked up. Art. V also triggers different time
13
/7f
requirements. If the Defendant were obtained via Art. IV, then his trial had to
commence within 120 days of his arrival back in the requesting jurisdiction unless
good cause was shown for the Court to continue the case.
Waller County began this procedure beginning informally after we
detennined that the Defendant had been arrested in California. It continued more
formally after he was sentenced in California in January 2013. and continued
November 2012 (attachment #2) through May 2013 (attachment #3).
On February 8, 2013 Waller County and the Court received another
Art.III request (attachment #4) by certified mail this time through the warden of
the holding authority. This demand contained a cover letter from the warden,
"Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate
of Inmate Status." The Certificate, however, did not contain the full information
required by Art III in that it omitted 1) the date of parole eligibility of the prisoner
and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.
It is the position of the State that his February 2013 "notice" is
likewise ineffective for the same reasons stated above. The Court and the
prosecution are entitled to full and strict adherence by the Defendant and the
holding authority in accordance with Art III and the cited case law.
If, for the sake of argument, the Court detennines that the State has
been placed on notice in accordance with the requirements of Art III, then the 180
14
day trial dead line may apply thus requiring trial by August 7,2013. However, this
court may find that good cause has been shown and continue the case.
Art III(a) ... provided that for good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of
the matter may grant any necessary or reasonable continuance.
On June 4, 2013 the Defendant appeared in this honorable Court (a
Court of proper jurisdiction) (see docket sheet) and in open court and on the record
demanded that certain previously filed motions be heard. The Court inquired of the
Defendant if he was represented by counsel. Defendant advised that he was not yet
represented by counsel and in view of Defendant's request to have court appointed
counsel (see attachment #4, page 4), the Court reset the case until such time as
appropriate counsel could be appointed. Later on in the day and NOT in open
court, the Defendant was appointed the Regional Public Defender, However on
June 6, 2013 the Court reconsidered this appointment and subsequently appointed
present counsel to represent the Defendant.
This Court had no alternative but to appoint counsel for the Defendant
and reset the matter. The Defendant had filed adversarial motions that needed to be
heard, argued and decided. The Defendant made no request to represent himself
either explicitly or implicitly. The Defendant had in fact given notice of his desire
to be represented by court appointed counsel through his paperwork filed with the
Court. If this Court had permitted the Defendant to proceed without representation,
15
/f tJ
the Court would have clearly run afoul of the long line of cases that require a
Defendant to have the availability of competent counsel in a criminal trial. (Powell
v. Alabama, 287 U.S. 45 (1932).
The notice to the State failed by virtue of missing material in the
certificate. The case was continued for good cause shown namely so that the
Defendant could consult with court appointed counsel and become prepared for
previously filed pre-trial motions.
Tex. Code Crim. Proc., Article 51.14, Art. Ill's Constitutionality
The State argues in the alternative that Tex. Code Crim. Proc., Article
51.14, Art. III is unconstitutional as violating the Texas Constitution's separation-
of-powers provision because it unduly infringes upon the judiciary. See Tex. Canst.
art.IL Sec. 1). The separation of powers may be violated in one of two ways: (1)
when one branch of government assumes or is delegated a power "more properly
attached" to another branch or (2) when one branch unduly interferes with another
branch so that the other branch cannot effectively exercise its constitutionally
assigned powers. Armadillo Bail Bond v. State, 802 S. W 2d 237, 239 (Tex.
Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14,
Art. III, unduly interferes with the judicial powers of the Waller Criminal District
Attorney, specifically by preventing the State of Texas from prosecuting the case
against the Defendant, who has been lawfully indicted. (Meshell v. State, 739
16
/ tl
S. W2d 246, 253 (Tex. Crim.App. J987)("By establishing the office of the county
attorney under Article V, the authors of the Texas Constitution placed county,
district and criminal district attorneys within the Judicial department"). The law
imposes on the State a strict prohibition from prosecution based on the expiration
of a time limit that has no meaningful relationship to evidence or procedure. The
deadline of 180 days is completely controlled by the action of the Defendant.
Unlike the obligation on the part of the judiciary to set bail in accordance with
Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to
personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14,
Art. III mandates that the indictment be dismissed with prejudice. [d. Armadillo at
240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control
Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L.
Rev.1,32 (1958)). This requirement that an indictment be dismissed with prejudice
bars the judiciary (prosecution) from exercising its exclusive power to act on an
indictment, try an indictment to a judge or jury, and have the case decided based on
the evidence. Courts have held that certain realms of judicial process are "so
fundamental and so necessary to a court, so inherent in its very nature as a court,"
that they must be entirely free from legislative interference. Id Armadillo at 240-
41. To arbitrarily bar the prosecution from proceeding based on any other factor
other than the evidence or matters of Constitutional procedure is an improper
17
infringement on the judicial power to bring, try and render judgment on criminal
matters.
PRAYER:
For the above reasons and law, the State of Texas respectfully prays
that the Defendant's motion be denied by this honorable Court.
Respectfully Submitted,
----
Frederick A. Edwards
Assistant District Attorney
Waller County, Texas
645 lth Street
Hempstead, Texas 77445
(979) 826-7718, FAX (7722)
SBN: 06435100
18
/t 3
·,
:\'OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETA[:\'ERS OR
INDICTMENTS BY FEDERAL PRISONER
TO: Office of District Attorney . FROM: Dominigue Dontae Lasker
Reg. No. 22867-298
(b~b b~ St{U r Su,\L \ United States Penitentiary
Victorville FCC
He. r'Y\ ~ ~ rt o.J T'/-. "77 ~ 4} PO BoxDOR 3900
Adelanto, CA 92301
Dear Sir/Madam:
I. [ have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca:Qital Murder Charge ... 11-01-13703 979-826-8282
J.J
Ca:Qital Murder Charge # 11-01-13704 979-826-8282
Capital Murder Charge # 11-01-13705 979-826-8282
#
2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Sou the rn District of Cal if ornia ,
to a term of 121 months. My current projected release date from federal custody is August ,~,
:0 1:2. , as found in [he attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction andlor
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pw"suant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
EXHIBIT
\IP La" L1brar: F,)rms,:-;oticeSpeedyTrial·Detamer (Rev '1:11) I s 1. / ! i'/
"
IN THE Dis tric t COURTOF __
W_a_ll_e_r_ _ COUNTY
FORTHESTATEOF ----~~--~------
Texas [506 District]
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION... Pursuant to . . . . . . . . .
v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution. Art. VI. § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, D:minicp: Ihlb:e lBsker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
--------,
on December 16 2011 Defendant has a projected release date
from federal custody on _A---'ug""'u_s_t__________ , 13 , 20 ~. (see attached sentencing
computation/data sheet).
1. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations. charges, andlor complaints pending in this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial. an in abstentia
resolution be arranged.
'dP Law LIbrary Fonns,Not/ccSpecdy rna/-DetaIner (Rev 9. . / I)
·~ , I'
..J.. ['his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. .vorlh
Carolina, 386 U.S. 213, 222-213 ([ 967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 ([ 969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
'\fichfgan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under fAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges, an.dlor complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.
Respectfully Submitted,
~fniqu~
J
Dated:;:}.D \ b /02 ! 03
Lasker
No. 22867-298
Reg.
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
Dis h't ctAt+orV){. Lj
3Y~ (}'" ~1rLGr Su.i\t.. \
1\ e\'Y1 ~S'Y ccui 1 X. ) 77 '-f~.s
~
--../7 ~-----.
Date: ~() 1d-- / 07 /3 ~ ~~
. Dominique Dontae Lasker
VIP Law Library Forms/\iotJceSpeedyTnaI .. Detainer iItt:v 9'11)
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have serve:d a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this ~. day of
___ >-~\. Lu. .: : :~""~\.),O,..~i:,-,\,-\l
" _ _ _ _ _, 20 12 ,with sufficient postage affixed. It would be
\
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLEFl COUNTY
Heapstead, TX 77445-4673
~I
miTIique D~
~Lasker=» ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Formsl Certificate of Service (Rev. 8/11)
·. .
VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1 . . . . . . . . . . . . . : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L
DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR T~E'S CURRENT COMMlTMEN'I'.
THE INMATE IS PROJECTED FOR RELEASE:C=OB-13-2019 VIA GCT REL~.
---- -
----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------
COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMBER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010 ---------------------------
OFFENSE CODE .... : 551
OFF/CHG: 18:2113(A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT. 1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW . .
1ft
[VIr" DOfTIinique Dontae Lasker
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P.O. ROX. 3900 .i oJ )Ut ;,\:U;:\~~.'~';,~i :'3; t ~ ... T~~
. ' ~",;;.y,:".',":T'~' ,-,.~~... ,,.......
ADElANTO, CA. 92301 nn1
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District Attorney/Prosecutors Office \! ':
For Waller County
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Transmission Report
Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY DA MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name 2
This document: Confirmed
(reduced sample and details below)
Document size: 8.S"x11"
645 12th ~
Hempslaad. 1Ixae 77 44S Elton R. Mathis (979) 828-7718
Crininal District Attorney (979) 828-7722 Fax
VlBIIer County
January 2, 2013
Warden
United SlItes Penitentiary
Victorville FCC,
P.O. 80x 3900
Adelanto, California 92301
In Re: Inmale DOMINIGUE DONTAE LASKER, 22861-289
Request for Temporary Custody (lAD Form VJ
De.r Wirden,
Please lind our county's request for tempor.ary custody 50 that Irvnate Oominque Dont.1e liIsker may
stand trial for Capital Murder In Waller County, Texas.
I have attached certified copies of the indictments and warrants In this matter. Then! are no flngerprlnts
or photographs because the Defendant fled our Jurisdiction before arrest. He was however interviewed
by Texas Rangers there in California.
If there is anvthlns more that 15 needed to facilitate this t~porarv transfer, please let me know.
7 /a. rdS
~~.!~~
, /
First Assistant District Attorney
Waller County, Texas
Total Pages Confirmed: 8
Start Time Duration Results
04: 04: 15 p.m. 01-09-2013 00:01:41 CP24000
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct
co:py
645 12th Street
Hempstead, lexas 77445 Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal District Attorney
\Nailer County
January 2, 2013
Warden
United States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, California 92301
In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden,
Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may
stand trial for Capital Murder in Waller County, Texas.
I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints
or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed
by Texas Rangers there in California.
If there is anything more that is needed to facilitate this temporary transfer, please let me know.
Frederick A. Edwards
First Assistant District Attorney
Waller County, Texas
75El53El575El RECORDS PAGE 02/03
8P-SS68.051 !AD FORM V - REQUEST FOR TEMPORARY CUSTODY CCFRM IIJIAUIoLO FEB 94
U.S. DEP~T OF JUSTICE FEDERAL BUREAU or PRISONS
Six copie.!l. Signed copi ... muet be sent 1:0 the prisoner and to the o.tticial who ha.s the pr.isoner in
cu~~ody. A copy lShould b. lSent to the Aqreement Administrator ot both the ~.ndinq and the recei~ing
,tate. Copie. should be. retained by the per20n filinq the requ •• t and the judge who signs the rQque~t.
Prior to tr~n3f.r vnder this Aqreement, an Inmat. may be aftorded a judicial hearing (Cuyler) similar
to that provided und~r the uniform Extradition ~ct, in which the inmatQ m~y bring a limit~d challenge
to the rec~ivinq 8tate's reque,t.
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address ~
1)A.J.'t;cJ .s+", t.~ ?e/vl f~~.;-f'A'J~ V/GfOM.v'd If: r-.CC' J 7-0. Eo)(3C10~ A-De{~'j,})oS'
please be t!dvised thcst (Name of Inmate) )50MI fJ JtlLA Ii J)OI\J1 At: LAS KeI2...121('f"- 2.~, who
i y an inmate ot your ins~itution, is under (indicate appropriate]
ndictm~nt f"ifdelftaeie)n) (eomplaInt) in the (J'urisdi ction)
':3 0 ,i CJ. \.oJ A-Ilev CO£.4Jvt y 1-e'(I4.5, of which I am the (Title of Prosecuting
Officer) :DiS1-vll'c:..t if R OY2.JV;?{; Said inmate is
therein charged with the offens s)
enumerated below: I_I
Offan.e (s) Il - ~ I
(j) Cp. y ~-t 1'\ I ML.w.oeV- 1\ - 01 - 13 =70.30/'~ J3 i~"" ( Jk£..\.v JVt'l- L1 -0 I - 131ot!-,L5) ~I­
I propo"e to brinq th1~ per:3on to trial on thie [indicate appropriate] (indictment (),pC al i ' l Iri
,-e01 ..~ .. tnt) ",ithin the time .specified in Article IV(c) of the Agreement.
In order that proce.ding" in this matter may be properly had, I hereby rQqu.~t temporary custody ot
"uch person" pursuant to Article IVI., of tho Aqreament on Detainere.
Attached herewith find in triplicate:
a. Certified copies of the complaint, information or ind.i.ctment
b. Certified copias of the warrant
c. Certified copi~.s of !tnqerprints, pnotoqraphs Or phy:sic::al dase:dption
I hereby agree that immediat.ly after trial h completed in this juri.:dictidn, ! will return the pri.oner
directly to you 0= allow any juriedictlon you hive d~siqnat.d to taKe temporary custody. I aqreQ also
to com lete Form IX, The Notice of Dis OSition of a Detainer, immediatel after trial.
Prineed Name and Signatur Date
E\\o,,", ~. tv'\P\tl,.,\S NoV .l~ 1 20 I:
Address: ci ty/State: "174'1- s;- Telephone No. :
l;4 5" 0.1.th. S+-(~ d \...l., -e vv..p 6-bEocq~ IT-<=.. xlts q -=1 '1. - g 2 £, - =r~ IS
I h~rQby certi~y that the person whose si~nature appears above i5 an appropriate of.fic~r within the
me".ninq of Al';'ticla Ivca, and that the fact.5 recited in this l';'equest for tempora eu.tody are correct
and that havinq duly racorded said reque~t, I hareby transmit it =or act~bn in . cordance with its term
and the ~ovilSion. of tha Aqrep.ment on Det~iner.5. f
Judge's Print~d Name and Signature Date
P\ I b.4v\ M. ~c COt.\ A.Jo V .2 (" J 20 I 2.
Court
S D (P t-\... -::r IA--O\'C \' -'..\ D\.s -ty tc.-t Co u. v-l
City/State Telephone NO.
eo""" s+e r')), W~ ll-ev- Cou,...... -t 0"1 ~v
(This for.m may be replicated vi~ WP)
.-'.., (l'~
:. ~:>.
,..\ . ."\ wert 11"'-(••\,.rCc·
<'.:'~. '.>:.~~\ JIg, Jr.
q 2 1- 6 q 2. 1
~:./·.~·i -~ .. _.~.,. - JudICIa!
JLiuge, .:;C6lh . .DJs~ct
. . Court
\ ~~ .. W~!ler :md Gnrnes (,ollntJes. Texac;
.. ./
NO. _/_/_-_t_/_-_'__
1_"'_)_c;1_~_
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOl\UNIQUE DONT AE LASKER -:C!6 tA JUDICIAL DISTRICT
81M DOB: 03/2111984
Charge: CAPITAL MURDER ~ ~fi
Section: 19.03
Degree: CAPITAL FELONY
t"
I li~;
,\
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
~I~ ~
~
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the I:
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
ftreann, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards, by shooting Janella Edwards with a frreann, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelIed, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the
506 th Iudicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a frreann, and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
/93
Cause No. 11-01-13703
TIlE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MUL TIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, T XAS
BY.--. -7 --1 < .. _.. ~. t1
/ .~d-·
. - Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the ___ day of _ _ _ _ _ _ _, at _ _ _ o'c1ock
__.m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the WalJer County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _ _ _ _ _ _ _ _ _ _ _ ,Sheriff
Mileage miles - - - - - - - County, Texas
Taking Bond
Commitment By: _ _ _ _ _ _ _ _ _ ____
Deputy
191
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER '-'Cl"rjuDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: MURDER
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of th
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said tenn that DOMINIQUE DO NTAE LASKER, hereinafter styled Defendant, on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
Cause No. I t-Ot-13704
·fHE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. W ALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
BlacklMale DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
BY: .,{4ft'
;:d £ 1'1
/ ~ Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the - - - day of - - - - - - -, at ---- o'clock
__.m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _____________ , Sheriff
Mileage miles - - - - - - - - County, Texas
Taking Bond
Commitment By: _______________
Deputy
NO. /1 -- (J / . /3 7 cJ~ -
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ...:Ji. 16A'1- JUDICIAL DISTRICT
BIM DOB: 03/2111984
~ !ef il
Charge: MURDER
Section: 19.02
~ ....
Degree: FIRST DEGREE FELONY
INDICTMENT I I ~t '
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of
~
~
b,\ ,
506 th Judicial District Court of said County, upon their oaths present in and to said Co rC
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
197
·,
Cause No. 11-01-13705
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER S06TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE
LASKER and him safely keep so that you have him/her before the Honorable
S06TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADA CHENE
W ALLER COUNTY, T,EXAS
BY:. -1-~;@?/.tg/
/ F tJ/ Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the - - - day of - - - - - - -, at ---- o'clock
__ ,m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actualJy and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest , Sheriff
Mileage miles
- - - - - - - -County,
- - -Texas
-------
Taking Bond
Commitment By: _________________
Deputy
~ ) " ' - .", ... - . - - " - - - - . - . - - - - - ._.-. -- f"
SENGER: ~,CMPLETE TillS SECTION
• Coriipata'ItIIrM-,. ~ ancta.AIio~··.
1tant41f Restrtcted 0eIMry 18 deIIi'Ici;., .
• PrfrIt~nameanctacldr-.Ofttfte,..,.,..,.·, ,
sO tt'larwe can retUrn the card to you..
.. Attacb thlac::ant to thl beck of th. malJplec:8l.. . . . ~ .: ,-' .. "';.-'
. otonu.ftDnt"specep.nlltt_~;" ...
a Ia dIIIYtry ~ dIIIInnt fran Item 11
nva "'~~bIIIowIJ- a Nafo
3. s.mc.~
~ClrtltlldM*:. 0 ~MIIIP .
crR~' 0 Return RKeipt fer Merchand~
o lnand,..., 0 CO.It.'
7002 31Sa 0000 3033 71bl,
PS Form 3811. February 20Q4:
,
645 12th Street
Hempstead, iexas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
VValler County
May I, 2013
Ms. Linda T. McGrew
Warden, FCC-USP
c/o Correctional Officer J. Kaawaloa
P.O. Box 5400
Victorsville, CA 92301
RE: Dominique Lasker, 22867-298
Dear Warden McGrew:
Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the
last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not
hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at
the Waller County Sheriffs Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank
you for your help in these matters.
Sincerely yours,
~~-
Elton R. Mathis
Waller County District Attorney
Ene.
Cc: R. Glenn Smith
Waller County Sheriff
EXHIBIT
I 51 3
"t3P-A0564 lAO i'ORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM
APR 10
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Five copies. All copies, with original signatures by the Prosecutor and the Agents,
should be sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
use in establish1ng their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Agent's Authority to Act for Receiving State
To: (Administrator and Address) ~ ec.. - L.:' S t=-
J,..,.J.d,. l. rIl(!.~re-' I ~..,.)..,,- t>.. O. Be>, ~J.f()O
,,; c..la,,.....,d 1~ C!.. A
Inmate (Name and Register No.) is confined in (Institution and address)
J.../l.~\.(r) Vl)M-"~'t;'e. Do~e.. FCC. V ~c..-t-ol""\\\-e.. 6,",-~\~'J'. - uS P
P.o. 'Bo~ -s'J{O 0
~~S~{- z'i~ I AI"\ f() c..
",nr! will he t.::lkcn 11lLv "':UStuuy dt ~aid Institution on (date) _ _ _ _ _ _ _ _ _ for
return to the County of ____~~~~A~k~~~E~~~___________________ ,state of
(exit S '- for trial. In accordance
with Article V(b), of said Agreement, I have designated:
Name and Department Represented
.gent's Department Represented
~£ri Ily-uw &ssd ¥/~ <1:,. 5Lc.r.~fif; "fACe
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated
prOS~~ignature~
,.. -z,0/3 ,i).A-.
J ~O/
.
, .... -.
,:
d. d. City/State - Ikll,tS ~ ~ rf 7-r'1
O. e. Tel@phone No -
~''\ S z.t. ... 71 }~
Svidence o~ Agent'. Autbor1ty Continued
To: (Warden-Supe rin t:endant - Dire ceo r)
&\ ...k. -r: file CO 14-w c '=i."" ~ r--
In accordance with ~he above repr$sentaciOtl8 and the provia1ons of the A9reemant
on Detainers, thQ per_ons listed above are hereby dealgnated aD Aqent$ for thQ
suta ot =r:"f:;")(.A- S 1:0 ret.urn
(In~atel a Name ~a 9...l}fqister No.) J..MU&:; DQ\1it4'Qa.J<#' 'Do'irAr£
d¢e=t-.~-~" to the county of h{8I..UE:; ISta~e ot
__ ~ , for ~~ial.
At the c::~tion o~th. trial (Inmate) I-ASJ4:{1i!... Pof¥'rH:cq.,;tF poI-l7F/e--
~ ~~- cilf'!Z "hall be returned to the (Institution and
Addrel5~) :
r::-ac,
p. D .
'I,"" -hvll;//e. 6:>flA-
6D,K :5"1'lJ 0
t i.t y: - J 5. P
A./4/~ -/oj C,q. 9~ '3 0 /
Dated
a. Name --rt
~'
L '5
o..",l(\C'\ c. City/State
d. Telephone No.
\-\ l\f)\-S~\ \ \E?,\BtS I)(51J
b. Address
PDf' l D
'.
r:;u Prescribed by PSS75
C\&..o- '-\6'l-~4~
2
SGClO:)3Cl
pB/PB 39t1d
'.
I
i
·.
u.s. Department of Justice
ZOl3 r~~ Federal Bureau of Prisons
""\
-- j ,f" 10: ~q
Federal Correctional Complex
Office of the CoC/;ectlonal S~t;-"---;::-i--::-:-\-IJ.-I.~....:: Vlctocvll1e, Ca lfornld
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your r~quest for temporary custody pursuant to the
Interstate Agreement on Detainers Act (lADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV (a), which expires on DATE) . Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving State" (8P-A564)
and originals of the lAD Form V (BP-568) and lAD formVI (8P-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should alscr appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
EXHIBIT
j -sf Lf
Exhibit
Page Two
RE: Lasker, Dominique Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addi tion, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((1U~
/s/ D.
Wren, SCSS
Enclosures: BP-~orms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
[3
u. S.
P - S2 35 ( 51 )
DEPARTMENT OF JUSTICE
-
lAD -NOTICE OF UNTRIED INDICTMENT
FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: rNSTITUTrON:
LASKER DOMINIQUE DONT AE .22867-298
FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreemen·t on Detainers Act, you are hereby informed that the following are the
untried indictments, infonnation, or complaints against you concerning which the undersigned ha~ knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703,11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, infonnation or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
infonnation or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your tenn of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, infonnation or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affinnatively consented to or
ord ered suc h de rIvery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inrnat~
Cory: J&C File
Centrallilc
r
BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 904
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
5061h JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, infonnation or complaints.
I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or
complaints on the basis of which detamers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate ofInmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30,2013 LASKER, DOMINIQUE DONTAE
Federal Regjster: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, mfonnation or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
(VrequeSI the Court to appoint Counsel. (Inmate's Signature)
(
Record Copy - Slile lAD Admini.lnItor; Copy. J&C File; Copy. CeRlnIl File (Sect. I); Copy. Prosecuting Official (Mail Cenified Rctwn Receipl); Copy· Clcric of Co uri
(Mail Certified Rerum Receipl)
, .
BP·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDfRM
Februory 19 \W
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under which the prisoner above narned is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 Director, Bureau of Prisons Complex Warden
r r;j01J---
D. Wren
Correctional Systems Specialist
Record Copy - State lAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
,
BP-S239.0S1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U _s. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30, 2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney_ WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Namerritle Custodial Authority:
\+'~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
No.//-c2/ - /..37<1:1
CRIMINAL DOCKET /
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THE STATE OF TEXAS )(
COUNTY OF WALLER )(
L PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller
County, Texas, do hereby certifY that the record on Petitionfor Writ of Mandamus to the
Court ofAppealsfor the First Supreme Judicial District of Texas, Houston, Texas, in
Cause 01-14-00630-CR (Count 2)and Waller County Cause No. 11-01-13704, styled IN
RE: DOMINIQUE DONTAE LASKER, to which this certification is attached and made a
part, comprise a true and correct transcript of all the matters and proceedings had and
done in said cause,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this
10th day ofSeptember, 2014.
PatJ.Spadachene
PATRICIA JAMES SPADA CHENE
DISTRICT CLERK
WALLER COUNTY, TEXAS
By (J-~~
Liz Pit: Ie, Deputy
CLERK'S RECORD
(Petition for Writ of Mandamus) FILED IN
First Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals No. Ol-14-00630-CR (Count 3)
9/10/2014 11:31:42 AM
Trial Court Cause No 11-01-13705
In the 506th District Court CHRISTOPHER A. PRINE
Clerk
Of Waller County, Texas
Hon. Albert M. McCaig, Jr.
INRE:
DOMINIQUE DONTAE LASKER
Appealed to the
Court of Appeals for the FIRST District of Texas, at Houston, Texas
Relator DOMINIQUE DONTAE LASKER
Attorneys for Relator Frank Blazek
1414 11 th Street
Huntsville, Texas 77340
Tel: (936)295-2624
SBOT No.: 02475500
William F. Carter
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
Tel: (979)779-0712
SBOT No.: 03932800
Real Party In Interest The State of Texas
Attorney for State of T exasl
Real Party In Interest Elton Mathis
Waller County District Attorney
645 lih Street
Hempstead, Texas 77445
Phone: (979) 826-7718
SBOT No. 24014568
Court: 506th Judicial District Court
Judge: Hon. Albert M. McCaig, Jr.
Court Reporter: Robyn Wiley
836 Austin Street, Rm 307
Hempstead, Texas 77445
(979) 921-0921
Delivered to the First Court of Appeals
For the State of Texas
301 Fannin Street
Houston, Texas 77002
The 10th day of September, 2014
PATRICIAJ. SPADA CHENE
DISTRICT CLERK OF
WALLER COUNTY, TEXAS
By: I~~ ,Deputy
Appellate Court Cause No. 01-14-00630-CR (Count 3)
Filed in the First Court of Appeals at Houston, Texas
This the day of ,2014.
By _ _ ______________________~,Depury
FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 3)
Trial Court Cause No. 11-01-13705
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS
PETITION FOR WRIT OF MANDAMUS
CLERK'S RECORD, VOL. 1 OF 1
(COUNT 3)
INDEX
VOLUME PAGE
Caption 1
Indictment Filed 01/27/2011 2
Notice of Place ofImprisonment
And Request for Speedy Trial
And Final Disposition Filed 07/16/2012 3
Notice of Demand to District
Attorney/Prosecutor for Trial or
Disposition of Warrants,
Informations, Detainers or
Indictments by Federal Prisioner Dated 0710212012 6
Motion to Dismiss for Denial of
Constitutional Rights of Due
Process and Right to Speedy Trial Dated 12/13/2012 8
Letter to Elton R. Mathis, D.A.,
From Us. Dept. ofJustice
Federal Bureau of Prisions
Federal Correctional Complex Filed 02/08/2013 15
Defendant's Pro Se Motion to
Dismiss the Indictment or Information
Herein, or in the Alternative,
Defendant's Pro Se Motion for
Appointment of Counsel at
Public Expense Filed 0411012013 23
Scheduling Order - Criminal Dated 0512412013 29
Waller County Magistrate's
Admonishmentform Warning of
Constitutional Rights Dated 0512412013 30
Returned Capias Instanter Filed 0512812013 32
Returned Served Precept to Serve
Copy of Indictment Filed 0512812013 33
Order Appointing Counsel Signed 0610412013 34
Order Appointing Counsel Signed 0610612013 35
Defendant's Waiver of
Arraignment and Entry of
Plea of Not Guilty Filed 0711512013 36
Motion for Appointment of
Attorney as Co-Defense Counsel Filed 0711512013 38
Order Appointing Attorney Signed 0711812013 40
State's Motion for Discovery of
Expert Witnesses Filed 0813012013 41
State's First Motionfor Continuance Filed 0813012013 44
State's Motionfor Competency
Examination Filed 0813012013 51
State's First Motionfor
Continuance Filed 0813012013 54
State's Motionfor Competency
Examination Filed 0813012013 61
State's Motion for Discovery of
Expert Witnesses Filed 0813012013 63
Motion to Dismiss Filed 0910912013 65
Motion for Disclosure of
Favorable Evidence Filed 0910912013 69
Standard Discovery Order Signed 0910912013 73
Scheduling Order - Criminal Dated 0910912013 74
First Amended Motion to Dismiss Filed 1013012013 75
Scheduling Order - Criminal Dated 11104/2013 78
Letter from Defendant to Court Filed 11/0812013 79
Copy ofLetter from D.A. to Mr. 83
Blazek including Attachments Filed 1111812013 83
Scheduling Order - Criminal Dated 01/0812014 134
Defendant's First Motion for
Continuance Filed 01/2112014 135
Order Signed 0112112014 139
Motion to Suppress Confession Filed 02/1012014 140
Notice ofPreferential Trial
Setting Dated 04/0412014 144
Scheduling Order - Criminal Dated 04/0412014 145
Agreed Motion for Transcription
Of Pretrial Hearings Dated 04/0912014 146
Order Signed 04/0912014 148
Order (Motion to Dismiss) Signed 07/0212014 149
Motion to Dismiss for Violation
Of the Interstate Agreement
On Detainers Filed 0711412014 150
Order Signed 0711512014 154
Attorney Fee Voucher Signed 0711512014 155
Notice to Prepare Reporters Record Filed 0910312014 162
Designation ofItems to be
Included in the Record Filed 0910312014 164
State's Response to Defendant's
Motion to Dismiss Filed 0910412014 166
Court's Docket Sheet 210
Certification 212
THE STATE OF TEXAS
COUNTY OF WALLER
In the 506th Judicial District Court of Waller County, Texas, the Honorable Albert M
McCaig, Jr., presiding, the following proceedings were held and the following instruments and
other papers were filed in this cause, to wit:
1st COURT OF APPEAL NO. 01-14-00630-CR (Count 3)
TRIAL COURT CAUSE NO. 11-01-13705
CLERK'S RECORD
VOLUME lOFl
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS
I
NO. /1- c1 / ~ /..37(}'!;'--
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER S.v6~JUDICIAL DISTRICT
BIM DOB: 03/2111984
=!ff~
Charge: MURDER
Section: 19.02
t~
Degree: FIRST DEGREE FELONY
~ ~i~\ ~
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
~b
a.'~
The Grand Jury for the County of Waller and the State of Texas, duly selected, ~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of "---
506 th Judicial District Court of said County, upon their oaths present in and to said Co
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
-:f:-
?
~ y~
IN THE
--------
District
------- ~VNa
COURT OF Waller
~
~~.-<\
~~.,e..
c:, :,..4'0
[506 Dist0 'ct] ~
FORTHESTATEOF -=--=-=~--=-----
Texas ~y
.-L.~
.
~ .~~
. . -: Q.
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRIS ~ ENT ~~D I '.fr-
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND INAJJ:1'
) DISPOSITION... Pursuan t to ....•....
V,::> ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (~Co~n~s~t~i~t~u~tl~·o~n~,~A~r~t~.~VI~,_~~S~l~O~________ )
)
Dominique Dontae Laske; ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, Ihrr:Lniqu: frntre lasker' is
currently a federal prisoner in the custody of the United States Attomey General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
1. Thedefendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
--------,
on December 16 2011 Defendant has a projected release date
from federal custody on _A--'ug"'-u_s_t_ _ _ _ _ _ _ , 13 , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending III this jurisdiction. Specifically:
1). Capital ~urder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in 'an absence of availability of trial, an in abstentia
resolution be arranged.
'.
V!P Law Library Forms/NoticcSpeedyTrial·Detainer (Rev 9111)
3
4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. North
Caro/;na, 386 U.S. 213, 122-213 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Alichigan, 507 U.S. 43,113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions requi!ed to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, infon11ations, charges. ano/nr {'("\", ... 1":_ ... _
presently pending in this jurisdiction, within a reasonable period of time not·
y'. \J. iJ ( 5-+ ,' . l""f
i'>- Pc i (I '--1) I':A (Ie\. ('.:.,)
Respectfully Submitted,
~. c\:., , '{I
~.. \-\( \'C \
~~./
k Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
DiS:1f't Gt AttorVl{' Lf
'bYtt, G~"'~kc(J SuAt'.. \
l\th1ps-·h:vt.J 1 X) 77l..j~-5
~Y~~1t~~:: i::._.:;cZ;;4
~ominique Dontae Lasker
')
VIP Law Library FormslNoticeSpeedrTrial·Detainer (Rev. 9111)
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this -lb- day of
____~j~~~~~~~(~;_--------,
\..
20 12 , with sufficient postage affixed. It would be
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FUR WALLER COUNTY
Heapstead, TX 77445-4673
~'
ffiiTIique D~
~Lasker=» ~
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Formsl Certificate ofSenrice (Rev. 8/11)
5
NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, L~FORMATIONS,DETAL~ERS OR
INDICTMENTS BY FEDERAL PRISONER
Dominique Dontae Lasker
~~~!~~~~:'¥fI1 FROM:
Reg. No. 22867 -298
~l.\L, b~ Str<.e-r <;Ui\-L \ United States Penitentiary
Victorville FCC
\~~I'V'\~ ~T~o.J. T'" 17 Y4S PO BoxXJOJ{ 3900
Adelanto, CA 92301
Dear SiriMadam:
I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca2ital Murder Charge # 11-01-13703 979-826-8282
Ca2ital Murder Charge # 11-01-13704 979-826-8282
Ca12ital Murder Charge # 11-01-13705 979-826-8282
#
2. [ am presently. a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Sou the r n District of Cal i for n i a ,
to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~,
20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do not allow my participation in certain rehabilitative programs. [ remain in a higher security classification category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. [ have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("[AD").
Cordially,
corfES: ORIG[NAL TO DISTRICT AnORNEY ..... ND h:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQl:EST TO COL'RT FOR DISM[SSAL. ALSO: INCLl:DE
DOCL'MENTA TlON FROM THE CASE MA:-JAGERfRECORDS REGARDNG THE II.'M-RANT/DETiI[\'ER A\,D IF POSSIBLE YOUR S~NTENC'E ~lOKITOR!NG/DA Til
CO!\lP(;TATIO~ rRI~TOL'T SHOII'T"G YOl'R PROJECTED REl.EASE DA rE
VIP Law Library Fonns/NoticeSpeedyTriaJ-Detainer tRev 9/11 )
VIPDO 542*22 * SENTENCE MONITORING * 07-10-2012
PAGE 001 OF 001 * GOOD TIME DATA * 14:45:23
AS OF 07-10-2012
REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
ARS 1 ... : VIP A-DES PLRA
COMPUTATION NUMBER .. : 010 PRT ACT DT:
LAST UPDATED: DATE.: 12-30-2011 FACL .. : DSC CALC: AUTOMATIC
UNIT ................ : 6 A QUARTERS ............ : F61-119L
DATE COMP BEGINS .... : 12-16-2011 COMP STATUS ......... : COMPLETE
TOTAL JAIL CREDIT ... : 412 TOTAL INOP TIME ..... : 0
SURRENT REL DT ...... : 10 - G-6---Z-G.~ EXPIRES FULL TERM DT: 11-29-2020
PROJ SATISFACT DT ... : 08-13-2019 TUE PROJ SATISF METHOD .. : GCT REL
ACTUAL SAIISFACI DI.: --/ ACTUAL SATISF METHOD:
DAYS REMAINING ...... : FINAL PUBLC LAW DAYS:
GED PART STATUS ..... : DEPORT ORDER DATED .. :
--------------------------~GOOD CONDUCT TIME AMOUNTS---------------------------
START STOP MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED
DATE DATE DIS FFT DIS FFT AMOUNT DATE
10-31-2010 10-30-2011 54 54
10-31-2011 10-30-2012 54
10-31-2012 10-30-2013 54
10-31-2013 10-30-2014 54
10-31-2014 10-30-2015 54
10-31-2015 10-30-2016 54
10-31-2016 10-30-2017 54
10-31-2017 10-30-2018 54
10-31-2018 08-13-2019 42
TOTAL EARNED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 54
TOTAL EARNED AND PROJECTED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 474
GOODS TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED
MOTION TO DISMISS FOR DENIAL OF
CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY
TRIAL
THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO
ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS
OF THE SPEEDY TRIAL ACT OF 191LiQ-8 U.S.C. 3161-3174).
THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS
DUE PROCESS right UNDER THE FOURTEENTH AMENDMENT TO THE
UNITED STATES CONSTITUTION TO PROMPT INITIATION OF THE
PROSECUTION, THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL UNDER
THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION HAVE
ALL BEEN DENIED BY THE GOVERNMENT'S DELIBERATE AND PERSISTENT
PATTERN OF oppressive AND PREJUDICIAL DELAYS IN THIS ACTION,
ALL OFF WHICH HAVE COMBINED TO PREVENT THE DEFENDANT FROM
ADEQUATELY PREPARING A DEFENSE AGAINST CHARGES.
THE RIGHT TO A SPEEDY TRIAL WAS DECLARED
"FUNDAMENTAL" AND IMPOSED ON THE STATES BY THE DUE PROCESS
CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH
CAROLINA 386 U.S. 213,222-223
1.THE DEFENDANT IS SERVING A SENTENCE OF 121 MONTHS,
IN THE UNITED STATES PENITENTIARY AT VICTORVILLE FEDERAL
CORRECTION COMPLEX, SAN BERNADINO COUNTY, AT ADELANTO,
CALIFORNIA, WITH PROJECTED RELEASE DATE: AUG 13,2019
THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S)
(
INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO
NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND
MORE SPECIFICALLY ARE:
1. CAPITAL MURDER 11-01-13703
2. CAPITAL MURDER 11-01-13704
3. CAPITAL MURDER 11-01-13705
3.THE DEFENDANT HAS DEMANDED A SPEEDY TRIAL ON OR
ABOUT JULY 07 2012, ALL TO NO AVAIL. DEFFENDANT SERVED A
NOTICE AND DEMAND FOR SPEEDY TRIAL OR FINAL DISPOSITION,
PURSUANT TO TEX. CODE CRIM.PROC.ANN.ART.51.14
CONSTITUTION, ART 6 SEC 10 VIA FORM, ON THE OFFICE OF
DISTRICT ATTORNEY. AT THE TIME OF NOTICE UPON THE DISTRICT
ATTORNEY THE DEFENDANT PROVIDED A NOTICE WITH THIS COURT
CONCERNING THE OUTSTANDING CHARGES, WARRANTS OR COMPLAINTS.
4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED
AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING,
THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO
RESOLVE THE MATTER.
5. BASED THEREON, VIRTUALLY ALL LEGISLATURES
HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A
DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN
ART 12.01 ET SEQ).
6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO
ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE
DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED
BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT
INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT
STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN
ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL
CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE
INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS
COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.
RESPECTFULLY SUBMITTED
DATE: '}o\ ~ / I).. I (1
DATE: \"1 ~ ~O\\...
D~;::; LASKER
STAFF
SUBSCRIBED AND SWORN BEFORE ME
THIS 12> DAY be L 20 1"1-
FEDERAL CORRECTIONAL COMPLEX, \f\CTORVILLE, CA
S~~)O COU::TY
t=f VI
A e:::=?
tASE.t1ANAGER
AUTHORIZED BY ACT OF CONGRESS JULY 7, 1955
TO ADM!NISTER OATH3
(TITLE 18, U.S.C. SECTICI 4004)
1°
(
IN THE District COURT OF __
Wa_l_l_e_r_ _ COUNTY
FOR THE STATE OF Texas [506 District]
----~=---~------
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL A~D FINAL
) DISPOSITION ... Pursuant to ........ .
\'. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution, Art. VI, § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, D:nrl.niCJlE frnta:! lasker is
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate tern1 of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
--=--...:...:.==-----, on December 16 2011 Defendant has a projected release date
from tederal custody on _A_ug""'u_s_t________ , 13 , 10 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, andlor complaints pending in this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial. an in abs/enf;a
resolution be arranged.
VIP Law Llhrary FonnsiNoticcSpeed~ Tnal-Detalner IReI' 9/1 I)
/1
l'i \..If·(. J/J(,
4. This Motion is based upon the Ddendanfs Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v..\'01"11
I" L e. J ). r.\ i "6 ) 1/ 1 Lc J ~ J i1 I )'
I
Carolina, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights,
even \vhere a defendant is held in federal prison. see: Smir/7 v Hooe}" 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
A1ichigan, 507 U.S. 43. 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abslenlia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under [AD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges. ancilnr r,,",,~I~:-.­
presently pending in this jurisdiction, within a reasonable period of time not r' \.~ U i S-I, . ~+
Respectfully Submitted,
Dated:~
~~,/ Reg. No. 22867-298 ~
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document \vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
lJiS1f'tGt At-torVlt:.l{
~ Lj (0 (:/" .~ \( cd 'S u.i\t. \
1\ eVV\ ps\ c"Hl 1 x.) 77 YLt-5
Dominique Dontae Lasker
VIP Lal\' Librar} Forms,:"oticeSp~ed) Trial-Detainer iR.-v 9" I)
IJ-
NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, IN FO Rj\'1 A TIONS, DETAI:\iERS OR
INDICTMENTS BY FEDER'\L PRISONER
Dominique Dontae Lasker
i~Jl~~9W~~~~&~ttt~1i~~"1J3 FROM:
Reg. No. 22867 - 2 98
'"6'-\6 ~ S\(cet- Sui \ c.. \ United States Penitentiary
Victorville FCC
HtVV\~~\-{u.J \'1-.. t7LjyS' PO Box UOll 3900
Adelanto, CA 92301
Dear Sir,Madam:
I. I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
CaQital Murder Charge # 11-01-13703 979-826-8282
Ca12ital Murder Cha~ # 11-01-13704 979-826-8282
Ca2ital Murder Charge # 11-01-13705 979.,.826-8282
#
2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3.1 was sentenced in the United States District Court for the Southern District of California,
to a tenn of 121 months. My current projected release date from federal custody is Aug u s t , ~,
~o !..2. ' as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do riot allow my participation in certain r~.QrO£.rams. I rema~~c/assification category and the
delay in prosecution prejudices my defense against these outstanding charges.
5. r have provided this communication to invoke the statutes. rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within 'one-hundred and twenty ( I ]0) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
D,wd ~!,::*,fe~lk@!!~~~~~~RE~Ql~'E~ST~OR
July 7,1955, as amended, r. Dominique Dontae Lasker
to administer oaths (18
-------U~.cC)S_;b.G. § 4004)
WrTNESS-PRrsnr--; STAFF :o.·IE~fBER .
("OPIES: ()RlejlNM 10 DIS rR leT A TTuR.'iE\,. \"D KEEP (OP\" FiR ()II"" REC"l.JIW, ! () FiE I. SED II 1rr I REI)I 'F-; r Tn COL'R T FI lR DIS.\JfSS.\L. ALSO: l.'1e-1 I 'DE
[JII( I \IF" T.\ I In, 1 RIi~1 r HE C -I.'>' \1.\\]·\(",1<, REI'( iR OS REI, ·\R;lf',:ej I HE \\ ·\RR .\ '. I· !JF r .,,'., P. I '.J) II PI ";Ifli l Y()I'R <;I~" rr:'iI··F .1 11)~/T( lRI"·' ;."DA r·\
C' )\IPI -:.\ 1]1 .)~ I'fI/\":' H. r ,/lI)\A , .... 1.., 'I 1)1 R rRIIIH-' U) kfl F ·\ .... f· !P.. IT
VIP l.aw l.lbrar) F,lrmSiNo[lceSpeed) Trlal-Detarner (Rev 9.'11)
CERTIFICA TE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USPIFCC, at Adelanto, California, on this ~ day of
1,,0\,(0\ ( , 20 12 , with sufficient postage affixed. It would be
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNIY
Heapstead, IX 77445-4673
~'~
iI1i que ~Lasker~ .......
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
~','s' , . ~~t.+ ~I.JSL
VIP Law Library Forms! Certificate of Service (Rev. Sf II)
. S Ii. lA.st S:+ru./
Ho>J:.j\;o"","f\,. , j"" f\ ' " .\
1'(
u.s. Department of Justice
•••• t _ •• t '_'
20 f 3 r~- --i -- ,'.J) r ... 10I: c. g Federal Bureau of Prisons
[
'- -
Federal Correctional Complex
Office of the Correctional Syt.9t'-~-.:+:-+-II+-A~ Victorville, California
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV(a), which expires on DATE) Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving State" (BP-A564)
and originals of the lAD Form V (BP-568) and lAD FormVl (BP-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
15
Page Two
RE: Las ker, Dominique Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the lADA, you are required to return the above-
named inmate to ~his institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Cont~_ct Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((lU~
/s/ D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
/&
(~
BP-S235 (51) lAD -NOTICE ~14· UNTRIED INDICTMENT
u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: INSTITUTION:
LASKE~ DOMINIQUE DONT AE 22867-298 FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreement on Detamers Act, you are hereby mfonned that the followmg are the
untried indictments, infonnation, or complaints against you concerning which the undersigned has knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, infonnation or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your tenn of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, infonnation or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affinnatively consented to or
ord ered suchd e J'Ivery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels lr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inmate
Copy: J&C File
Centrallile
17
BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506th JUDICIAL DISTRICT WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, infonnation or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, infonnation or complaints.
I hereby agree that this request will operate as a request for fmal disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
Ifjurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this form to the sender.
Forms BP-S238(51), Certificate of Inmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONT AE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, infonnation or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
Vrequest the Court to appoint Counsel. (Inmate's Signature)
/
Record Copy· Slate lAD Administrator; Copy· J&C File; Copy - Cenll1l1 File (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy· Clerk of Court
(Mail Certified Return Receipt)
If'
BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS COFRM
Fcb1wy 1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 Director, Bureau of Prisons Complex Warden
~.u.---
l(' D. Wren
Correctional Systems Specialist
Record Copy - State lAD Administrator
Copy - J &C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
;1
BP-S239.0S1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U.S. DEPAR~NT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30,2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, infonnation or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, infonnation or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Name/Title Custodial Authority:
\r~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
BP-S565.051 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
U. S. DEPAR'l'MEN'l OF. JUSTICE FEDERAL BUREAU OF PRISONS
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298 via X
LAD __State Writ (check one), and do hereby agree to the following conditions in connection
with the request for custody of said inmate.
Conditions
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the S2me level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include diSCiplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our prosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of ,the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Crimin~l District
Attorney, hereby submit the following information in connection with my request for
temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined during legal proceedings.
2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal
custody:
4. Name and phone number of the state agency, specific name of agent(s) who will transport
the inmate at direction of the court and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or the OSMS, will be transporting
the inmate for the state.
5. Need for appearance of inmate and nature of action.
6. For State Writ cases only (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases) .
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : _____________________________________
8. Signature of Notary Public Date
Original - J&C File, Copy - Central File This form replaces BP-S565 dcd FEB 94)
21
· '89/135/2012 0S: 35 RECORDS PAGE 1112/1113
BP-S568. O~l:tAD FORM V - REQUEST FOR TEMPORARY CUSTODY CDFRM MA\JLLO FEB 94
U. S. DEPAR.TMENT OF JUSTICE FEDERAL BUREAU OF PRl:SONS ,.
Six copies. Siqned copiu m'Ust be sent to the I?dsoner and to the official who has the pr.i:l5oner in
custody. A copy should be sent to the Aqreement Administrator of both the sending and the recQiYing
.state. Copies \Should be.retained by the person filing the raque.st ".nd the judge who ~igns the rQquast.
E'ri07: to transfer \;m.der this Aqreement, an Inmate IT\Sy be afforded a ju.dicial hearing (Cuyler) similar
to that provided under the Uniform Extradition ~ct, in which the inmatQ m~y bring a limited challenge
to the receiving state's request.
Raqu •• t for Tamporary custody
To: (Warden-superinten~ent-D~rector) - Ins~ituti~n and Address ~
V N;t;.c1 .s+", t...s t>el'v' -1~J (; . ,,1 1. \.0~lleV' CO(..A/vt y 1"€'(i45 of which I am the (Title of Prosecuting
Officer) ODiS"\Vl,'c:.. f A" H Oyz"}\J~ Said inma.te is
therein charged with the offens s) enumerated below:
Of£.nae(lJ) II - 0 1-
CD Cp.yi-t~l Ml.A.v.oeV l\-o( - 13 =r03o/(;c.J9il-~{ J~v IV~ L I -0 I - 13 -::rot{- j3) ~:'~~
I propolSe to bring thilS penon to trial on t ie [indicate appropriate) (indictment (~C iI",,'1 t Jlri
(-eOl"~d"jt) Io/'ithin the time .specified in Article lV(c) of the Ag.teement.
In ord.~ that proceedings in this Matter may be p~operly had, I hereby requeat temporary cu~tody or
l5uch per$one pursuant to Article IV(., of the Agreement on DQtainere.
Attached herewith find in triplicate:
". Certifier;! copiee of the complaint., information or indictment
b. Certified copies of the warrant
c. Certified copies of !.i.nqerprint~, pn.otograph!l or physical desed.ption
I bereby aqr.e that immediately after trial i:l complet.ed in this jurisdiction, I will return the prisoner
direc:tly to you 0: .l).ow any jurisdiction you hC!lve dG:siqnated to take temporary custody. I agree nl~o
to co lete Form IX, The Notice of Dil5 osition of a Detainer, immediatel after trial.
Printed Name and Signatur Ti.tl,e I j)is +11\' c...:\ Date
'=:\,",-0,,", Q.. t--'\~t\"'i.s CQ.J\\.o{INA. RHot1 ND\/J..~J 20
Address: Ci ty/State: "1'=J Lfi.f. ~ Telephone No.:
LP'-f 5' 0.1.tk S+<~ e...-I- \-\ -e 'N\.? s-t>e cq,:) IT""< 'I, 1J.s
£, - '=i IS q '1 q - g 2 ~
I hereby certify that the person whose elqnature appears above is an appropri~te of.ficer Within ·the
meaninq of A~ticla IV{a) and that the facts recited in this request for tempor~ cu~tody are co~rect
4nd that having duly racorded eaid req1,le~t, I hQreby transmit it :or actYon i.n cord.nee with its teon
and the ~ovisions of the Agreement on Detainers. I
Judge's Print~d Name and Date
~ I b.4v~ \"\. Me COl\ /VO \I ;1.(JJ 20 I
Cou.v1
Telephone No.
t1"1 L~
(This for.m may bl! r:eplicated via WP) ~
•~~.
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M . 1\'1 C.' J r. q 21- O~
l'f C .3Ig,
2.. ~
f~€'~. . ' iti~.· Ju~~~e, 506tt~ Judicial District COU~
... Wader and (lnmes Counties, Texa<;
.~. -
..........
...
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2
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_ 0EPUT Y -----
3
4
5
IN THE DISTRICT COURT OF WALLER COUNTY
6 FOR THE STATE OF TEXAS
(S06th District)
7
8
9 STATE OF TEXAS, ) No. 11 - 0 1 -13 1'03 979-826-8282
) 11-01-13704 979-826-8282
10 Plaintiff, ) 11- 0 1 -13 705 979-826-8282
)
11 vs. ) DEFENDANT'S PRO SE MOTION TO
) DISMISS THE INDICTMENT OR
12 DOMINIQUE DONTAE LASKER, ) INFORMATION HEREIN, OR IN THE
) ALTERNATIVE, DEFENDANT'S PRO
13 Defendant. ) SE MOTION FOR APPOINTEMENT OF
COUNSEL AT PUBLIC EXPENSE
14 -------------------------)
1. MOTION
15
COMES NOW pro se Defendant DOMINQUE DONTAE LASKER, without
16
17 the assistance of counsel, and moves tnis court for an order to
18 dismiss the indictment or information filed against him in the
19 above entitled action.
20 This motion is based upon all of the files and plead~ngs in
21 this case as well as the attached declaration of the Defendant.
22
23
24
25 DEFENDANT'S MOTION TO DISMISS - Page 1
26
II. DECLARATION OF DEFENDANT
1
2 DOMINIQUE DONTAE LASKER deposes and states as follows:
3 (1) I am the defendant proceeding pro se herein, I am over
4 the age of 18, and competent to testify in a court of law.
5 (2) I have knowledge of the facts contained herein, and 1
6 make this Declaration in support of my motion to dismiss, and in
7 the alternative, my motion for appointment of counsel.
8 (3) I am currently serving a sentence in Federal custody
9 in the United States Penitentiary at Victorville, California.
10 (4) In July 2012, I filed with the Prosecutor of this County
11 a NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND
12 FINAL DISPOSITION pursuant to Tex. Code Crim. Proc. Art. 51.14,
13 const. Art. VI, § 10, and the Interstate Act on Detainers.
14 (5) My notice was directed to the District Attorney at the
15 District Attorney's Office, 846-6th Street, Suite #1, Hempstead,
16 TX, 77445. (SEE Exhibit 1, attached herein)
17 (6) Since the filing of this request, the State of Texas has
18
made no attempts to have me returned to that jurisdiction to be
19
able to face my charges, and present a defense to these allegations.,
20
(7) More than 180 days has elapsed since the filing of my
21
notice to the Office of the District Attorney, and they have made
22
no efforts to resolve this matter.
23
24
25 DEFENDANT'S MOTION TO DISMISS - Page 2
26
1 (8) I believe that any opportunity for me to have a fair
2 trial is gone due to the passage of time, and the memory fading
3 of any and all witnesses that I may call in my behalf.
4 (9) I believe that the longer it takes for me to get to a
5 trial will hinder my ability to present a defense, because I may
6 not be able to contact my witnesses, and gather information to
7 assist with proving my innocence.
8
(10) I am currently indigent, and proceeded indigent at my
9 federal trial. I cannot afford to pay for counsel.
10
(11) I am asking the court to appoint counsel for me at
11
public expense, so that my rights my be properly protected herein.
12
(12) Under penalty of perjury, under the laws of the State
13
of Texas, I declare that the foregoing is true and correct.
14
DATED this L day of ApC'! , 2013.
15
16
17 ~-;:r-
. j)'fi~S~Defendant
18
19
20
21
22
23
24
25 DEFENDANT'S MOTION TO DISMISS - Page 3
26
\
INTHE District COURT OF Waller COUNTY
FOR THE STATE OF --~~~--~------
Texas [506 District]
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION... Pur suan t to ........ .
v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution, Art. VI, § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby gIven that the above-named Defendant, IXmin:i.cp: D::nt:re lasker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
- - - - - - - , on December
16 2011 Defendant has a projected release date
--'---
from federal custody on _A.....;ug=u_s_t_ _ _ _ _ _ _ , 13 , 20 ~. (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending in this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial, an in abstenfia
resolution be arranged.
VIP Law Library Fonns/NoticcSpeedyTrial·Detainer (Rev 9ill)
4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v..Vorth
Carolina, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights,
even \vhere a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Michigan, 507 U.S. 43,113 S. Ct. 1088,122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by tcial or settlement in absfenfia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, infornlations, charges. ano/or ("n",~l~;-.-
presently pending in this jurisdiction, within a reasonable period of time not· v' '_ I.
I
-v V·,("I._-f-
\. ",")-f.~
, tR
iA (\{I,
f,...; \0: i\'-. '0(> (':c,1
--
Respectfully Submitted,
~ (\<." 'r'
\\l Cc- \
~~./
fL
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCA TE OF SERVICE
I hereby certify that a copy of this document \vas mailed to the office of [he district attorney/
prosecutor for this jurisdiction, addressed as below.:
DiS-\t''C e-t A1+orV)f. L{
D~to G\-"'~'(Ld Su.i\'(.. \
1\ eVYlp~·h:~J. 1 X. J '77 <-j~-5
Dominique Dontae Lasker
VIP Law Library Forms/N(lticeSpeed) Trial-Detainer (Rev 9/111
alternatively. that you submit request for temporary custody to the federal bureau of orison authorities. Dursuant to the
, requirements of applicable statutes for: Interstate Agreement on Detainers ("lAD"),
\ Cordially,
Authorizated by the Act of
July 7, 1955, as amended,
a...df>.v.rninister oaths (18
-W-'TN-E-S-S.-PR-I-SO-N-'-ST-A-F-F-M-E-M-B""""dn-r-p....
U.S.C. § 4004).
COl'/ES: ORIGINAL ro DISTRICT A TTORNE\', A!'D f-:EEP COpy FOR OIl'!'J RECORDS TO BE I.'SED WITH REQL:EST TO COl'RT FOR DISMISSAl. ALSO: INCU:DE
DO( 1:~'IEST,,\ liON FRUM THE CASE ~1ANAGEIVRECORDS REG.ARDf'lG THE W.ARRM;r.'DET ..,INER A:>iD IF POSSIBLE Y01.'R SE:>iTENCE ~1t)SITORING/DA TA.
C(j~·IPI.;TATIOr-; PP.ISTOLT SHOWI"G V()L'R PROJEc'TED REl.EASF OA rE
VIP Law Library FonnsiNoticeSpeedyTrial·Detainer (Rev 9/11)
Cause No. 11-0 / --- / ?f70 3
/31cLj
~ /~r;DS
STATE OF TEXAS IN THE DISTRICT COURT
v. § WALLER COUNTY, TEXAS
§
-fer § 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
l. 9:00 a.m. ARRAIGNMENT
2. 10:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under CCP., Art. 28.01. .
3. 1:30 p.m. HEARINGS & BENCH TRIALS
4. On or before to-days before Pretrial Hearing Date all C.CP., Art. 28.01 matters must be filed or will be considered waived.
5. 10:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation oftheir case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
forma) Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
5-"----"';2"-'--~-'·c-----')---!3=--__ , replacing prior Scheduling Orders.
Dated: _ _ _
Defendant's Signature Counsel for Defendant Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
Copies: White--CJerk Yellow--State Pink --Defendant Gold--Defendant's Attorney
II-OI--/3l0S-
WALLER COUNTY MAGISTRATE'S ADMONISHMENT FORM
WARNING OF CONSTITUTIONAL RIGHTS
This is to certify that the undersigned magistrate did, 24th day of May, 2013 atZ-: itt ~/p.m., administer
the following warnings to:
NAME: LASKER, DOMINIQUE DONTAE DOB: 03/2111984 AGE: 29
S.S#: 460-69-72311 D.L.lI.D.#: TX-02477217
Address: 24875 PRIELIPP ROAD
WILDOMOR CA 92595
Phone: 760-508-9212
ByrSINESS NAME AND PHONE: f e It;) !IV Y
(,,>.1. You are charged with the offense of MURDER. An affidavit, or complaint, charging you with this
off::nse (has) (lII8 .,t) been filed with the appropriate court.
(~ 2. You have the right to remain silent, the right to have an attorney present during any interview with
Pf¥ce officers or attorneys representing the state, and the right to terminate that interview at any time.
(VJ 3. You are not required to make any statement. Any statement made by you may be used against you in
coprt.
~V 4: You have the right to retain or hire an attorney. If you are Wlable to employ an attorney, you have
tHe right to request the appointment of an attorney by completing a fmancial assessment form. This fonn is
available for you to complete at this time, and assistance in filling out the fonn is available if necessary. You
.
m Y- be ordered to reimburse the cost of that attorney if you are found guilty of the offence.
6. Are you currently out of jail on bond on any other charg~s? Yes <@(circle one)
Charge: County:,----:---=_ _ _~_..__:__:__-
( . Are you currently on probation or deferred adjudication? Yes 0 0 circle one)
( . Are you currently on parole? Yes 0 0 (circle one)
( . Are you requesting the appointment of an attorney at this tim Ye r No (circle one)
( 10. Are you a United States citize~or No If no, Do you want us to contact your
consulate? Yes or No (attach correct papelWork) ,
Clol" Qs~,I ~
Magistrate's Signature
OffiCiihr--it {
The Magistrate determines that the defendant (does/d9;:i IlQt)_ _ _ _ speak the English language. The
Defendant ~ is not) deaf.
Interpreter (If needed) Name:, _ _ _ _ _ _ _ _ _ __
Address: _ _ _ _ _ _ _ _ __
Phone: _ _ _ _ _ _ _ _ _ _ _ date:,____ Time:_ _ __
BOND AMOUNT
Surety or Cash
Personal
~mm~---------~
Bail Demeo
r
I
Cause No. 11-01-13705
THE STATE OF TEXAS [N THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER S06TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21184
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you bave bim/her before tbe Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing biro with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereofto this Court forthwitb,
sbowing bow you bave executed tbe same.
Witness my band and seal of office, at Hempstead, Texas, tbis 27th day of
Janu.ary, 2011.
PATRICIA JAMES SPADACHENE
WALLERC XAS
BY:~.~~~~~~________
SHERIFF'S RETURN
CAME TO HAND the~~ da~o ,~L3 at I: 0 o'clock
~.ro., and executed by arresting ~.... W~..c
AT , in Cou'!ty, Texas, and placing
h)f!!ber in the Waller County Jail on tbd1.... d day of ~ .'
do.J.J 11. _'
I actually and necessarily traveled miles in the service of tbis writ, in
addition to any otbel" mileage I may have traveled in the service of otber process in
this case during the same trip.
FEES: Making Arn~st
Mileage miles
~~~ Connty, Texas
,Sheriff
Taking Bond
Commitment BY:~:70
Cause No. 11-01-13705
THE STATE OF TEXAS
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
BlacklMale DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLERC
BY:~44~~~~_________
SHERIFF'S RETURN
CAME TO HAND the~t day o~
---.:lL.m., and executed by arresting ~fi<
, ;u't
/;..(}.J
at
..c
I: 0 o'clock
~ , in Coul!.ty, Texas, and placing
him/her in the Waller County Jail on tht>6l3..... d day of ~1 '
~()I~ .
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest
Mileage miles
&!:1tSm I~
I
, Sheriff
County, Texas
Taking Bond
Commitment BY:~~
Cause No. 11-01-13705
THE STATE OF TEXAS
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT
PRECEPT TO SERVE COPY OF INDICTMENT
TO THE SHERIFF OF WALLER COUNTY - GREETING
YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE
LASKER, the defendant in Cause No. 11-01-13705, wherein the State of Texas is
Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the
accompanying certified copy of the original indictment charging himlher with
MURDER now on fIle in said Court.
HEREIN FAIL NOT, but of this writ make due return as the law directs.
GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
BY~:~~~~~___________
SHERIFF'S RETURN
CAME TO HAND THE dQ,J day of--'m'--'----'~_-,~/S , at J
o'clock..t2-. M. and executed by delivering the acco anying certified copy of
Indictm~nt N0.11 .. Ul-1326"to ---II...pr:L.L.II'I>L-9~---~OOILj~!.--___",,------------:> the
defendant herein, in person, at o'c ck -O-.M. on the day of ~
~11 r -1
GLENN SMITH, SHERIFF
WALLER COUNTY, TEXAS
BY: QS?~
~D~
33
Cause No. 11-01-13705
STATE OF TEXAS § IN THE DISTRICT COURT OF
§
v. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER APPOINTING COUNSEL
Offense: eAPITAL MURDER
The defendant having made application to the Court for the appointment of an attorney,
and the defendant represented through an affidavit or testimony or information received of
indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment
of counsel in this cause of action.
Therefore, the Court hereby appoints:
REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES
P.O. Box 2097
Lubbock, Texas 79408-2097
806-775-5660
to represent the Defendant through the trial of this matter. Representation through any appeal to
the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later
date.
Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel
and counsel for the State.
Dated: June 4, 2013.
~~cc th
506 Judicial District
G,JR,Judge
orig: Waller County District Clerk
cc: Waller County District Attorney
cc: Waller County Sheriffs Department
cc: Attorney
cc: Defendant % Waller County Jail
Cause No. 11-01-13705
STATE OF TEXAS § IN THE DISTRICT COURT OF
§
v. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER APPOINTING COUNSEL
Offense: eAPITAL MURDER
The defendant having made application to the Court for the appointment of an attorney, and
the defendant represented through an affidavit or testimony or information received of indigence, the
Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this
cause of action.
Therefore, the Court hereby appoints:
Frank Blazek
Attorney at Law
1414 11th Street
Huntsville, Texas 77340
936-295-2624
to represent the Defendant through the trial of this matter. Representation through any appeal to the
Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date.
Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and
counsel for the State.
Dated: June 6, 2013.
ALBERT M. McCAIG, JR., J
506th Judicial District
orig: . Waller County District Clerk
cc: Waller County District Attorney
cc: Waller County Sheriff's Department
cc: Attorney
cc: Defendant % Waller County Jail
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§ c ~
VS. § WALLER COUNTY,~~T E Xj\ S ~
DOMINIQUE DONTAE LASKER .: 506TH JUDICIMJ~IST~CT~:~_
DEFENDANT'S WAIVER OF ARRAIGNMENT ~
AND ENTRY OF PLEA OF NOT GUILTY -'"f\; =
C-, ~;~.~
=~:~:~.
TO THE HONORABLE JUDGE OF SAID COURT: w
o
Comes now DOMINIQUE DONTAE LASKER, Defendant herein, by and through his
attorney of record, FRANK BJA.?,EK, and submits this his Waiver of Arraignment and Entry of
Plea of Not Guilty.
Defendant herein waives the arraignment required.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
?J ______
/l __{ _______
By ______~;r ~
/I
Frank Blazek
State Bar No. 02475500
WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY PAGE 1
C:\FB\CRJM_K.O\l.A~ker.DD.81075\II.O 1.13705\Waiver of Arraignment.wpd
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Waiver of
Arraignment and Plea of Not Guilty has been forwarded to opposing counsel on this the H.!k..
day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:
Elton Mathis
Criminal District Attorney
846 6th Street, Suite 1
Hempstead, Texas 77445
---'77;
/,fj
Frank Blaz'ek
WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY PAGE 2
C:\FB\CRIM-'(-O\I...a~ker.DD.B 1075\11-0 1-13705\Wlliver of Arrllignmenl.wpd
\
CAUSE NO. 11-01-13703 .:~;.
-- ( ...... ~ , .,
CAUSE NO. 11-01-13704 '--
-, -\"; .:=: ... .'
CAUSE NO. 11-01-13705 .. <:, ,- ,'
,
..
THE STATE OF TEXAS § IN THE DISTRICT COURT-OF . -
-.J
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
MOTION FOR APPOINTMENT OF ATTORNEY AS
CO-DEFENSE COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant, DOMINIQUE DONTAE LASKER, by and through his
court-appointed counsel, and moves the Court to appoint an attorney to assist as co-counsel in
the defense of the above-referenced matter, and in support thereof would show the Court the
following:
(l) The Defendant has been charged with Capital Murder and Murder (2 counts),
(2) The undersigned counsel was appOinted by Judge McCaig on June 6, 2013, to
represent the Defendant.
(3) The State has not indicated its intent to seek the death penalty. If convicted,
Defendant could be required to serve as much as life in prison, The case appears to be complex.
Based on preliminary information from the prosecution it is expected that evidentiary issues
likely to arise include: (l) custodial interrogation of the Defendant; (2) mental health problems
suffered by Defendant; (3) extraneous offenses; and (4) D,N.A. It is necessary for the
undersigned counsel to have the assistance of an attorney as co-counsel to adequately represent
the Defendant.
MOTION FOR APPOINTMENT OF ATTORNEY AS CO· DEFENSE COUNSEL PAGE 1
C:\FB\CRIM_K·O\Lasker.DD.BI 075\Molion for Co-Ddense Counsel.OO I. wpd
(
(4) The undersigned counsel has conferred with William F. Carter, State Bar No.
03932800,108 E. William J. Bryan Parkway, Bryan, Texas 77803-5334, 979-779-0712, who
has indicated his availability and willingness to serve as co-counsel. William F. Carter is an
experienced and competent crim·inal defense attorney.
WHEREFORE, PREMISES CONSIDERED, Applicant prays that this Honorable Court
will appoint William F. Carter as co-defense counsel in the above-referenced matter.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Tel
1
By ____________________
Frank Blazek
State Bar No. 02475500
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motio,,! for
Appointment of Co-Defense Counsel has been forwarded to opposing counsel on this the ...!.,~~:......-_
day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:
Elton Mathis
Criminal District Attorney
846 6th Street, Suite 1
Hempstead, Texas 77445
Frank Blazek
MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL PAGE 2
C:IFSICRIM)(.OIl.asker.DD.81 075IMOIion (or Co· De(en" COllnssker.DD.8J 075\Motion for Co· Deren .. COllnsel.OO J."'pd
· (
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRIC~
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1
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the undersigned district attorney of Waller County, Texas, in the above-
entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for
good cause shows the following:
1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure.
2. This motion requests the following information which is known by the attorney
for the defendant: the name and address of each person the defendant may use at
trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of
Evidence.
WHEREFORE, PREMISES CONSIDERED, the State respectfully prays that this Honorable
Court will grant this Motion for Discovery of Expert Witnesses, or in the alternative, that this Court
will set this matter down for a hearing prior to trial on the merits and that at such hearing this motion
will be granted.
~~tt~
~MathiS ...............
District Attorney
Waller County, Texas
L//
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th Judicial
District Court of Waller County, Texas on septemb~m.
~this <;
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was served on
opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and
by facsimile transfer. ~--.....
. Mathis --
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
VS. § COURT OF
DOMINIQUEDONTAELASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES
Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby
ORDERED that .such motion be, and hereby is, GRANTED as to those things requested.
It is further ordered that the attorney for the defendant furnish counsel for the State the
requested information on or before the 30th day before trial pursuant to Article 39.14 of the Texas
Code ofCriminal Procedure, at the District Attorney's Office, or at such other time and place as the
parties may agree.
SIGNED thisthe _ _ _ dayof _ _ _ _ _ _ _ _, 2013.
Judge Presiding
(
11-01-13703,11-01-13704 and 11-01-13705 =E
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STATE'S FIRST MOTION FOR CONTINUANCE
Now comes the State of Texas, by and through her Waller County Criminal District Attorney,
Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as
provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article
51.14 of the Texas Code of Criminal Procedure and would respectfully show:
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11,2010 in Waller County, Texas. The indictments were signed on January
27,2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On information and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
causes on or about May 24,2013.
5. The Defendant appeared before this Court for the first time on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defender refused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th, 2013.
7. The Defendant waived arraignment and entered a not guilty plea on July 15 th, 2013.
8. The Defendant requested and was granted additional counsel on July 18th, 2013.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th, 2013.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
counsel.
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13. To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's file.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's file.
15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense counsel was requesting
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of state witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
19. The first assistant criminal district attorney is scheduled for hip replacement surgery
on September 3rd, 2013. Recovery time is anticipated to be up to eight weeks. This
surgery has already been rescheduled once so that the attorney would be able to try The
State of Texas v. Taylor McShan. The first assistant has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
·i
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or any time in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impennissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple fonnula
that applies equally to Class C Misdemeanors and Capital Felonies. The determination
of when a case is ready for trial is in the province of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be
granted and this cause be set at a later date.
'-11
(
Criminal District Attorney
Waller County, Texas
TBN 24014568
645 12th Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th Judicial
District Court of Waller County, Texas on Septemb~.m. _
ton R. Mathis -
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was served on
opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and
by facsimile transfer.
~--:::::;ooo""""'--"=---+--
~
Elton R. '-----
1./8
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis,
Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is
being subscribed to the foregoing State's First Motion for Continuance, and who after being duly
sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that
the statements therein contained are true and correct to the best of his knowledge.
~
Given under my hand and seal of office, this ~y of-l-----\7""""-i'f""~--I'
N.n1r~",r..J.l.11[Wlic in and for
Waller County, Texas
11-01-13703,11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthennore, this cause is set for trial on
------------------------
Judge Presiding
No. 11-01-13703,11-01-13704 and 11-01-13705
CJ
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THE STATE OF TEXAS § IN THE 506th DIS
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VS. § COURTOF-ci
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-<
DOMINIQUE DONTAE LASKER § WALLER COUNTY,
!
STATES MOTION FOR COMPETENCY EXAMINATION
COMES NOW, the State of Texas, through the undersigned District
Attorney and moves this honorable Court, in accordance with the provisions
Art. 46B.005, 46B.021 and 46C.l04 of Texas Code of Criminal Procedure to
appoint a suitable expert to examine the Defendant and make written report
to the Court, without delay, as to the competency of the Defendant to stand
trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11, 2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing.
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something "wrong" with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
51
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
~SUbnrltt:
Elton R. Mathis
District Attorney
Waller County, Texas
SBN: 24014568
ORDER
THIS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints , to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:--------------------
Judge Presiding
NOTICE OF HEARING
Please be advised that the foregoing Motion is set for hearing before the 506th
Judicial District Court of Waller County, Texas on September 9,2013 at 4:30 p.m.
~iliS ''---
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document was
served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first
class U.S. Mail and by facsimile transfer.
Elton R. Mathis
(
11-01-13703,11-01-13704 and 11-01-13705
(D
.....,
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STATE'S FIRST MOTION FOR CONTINUANCE'
Now comes the State of Texas, by and through her Waller County Assistant Criminal District
Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and
numbered cause as provided under Article 29.03 of the Texas Code o/Criminal Procedure, and as
allowed by Article 51.14 ofthe Texas Code o/Criminal Procedure and would respectfully show:
,
1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital
Murder and two indictments of Murder in the First Degree alleged to have occurred on or
about March 11,2010 in Waller County, Texas. The indictments were signed on January
27, 2011 after a lengthy investigation.
2. The Defendant absconded from the scene, the county, and the State of Texas shortly
after the murders.
3. Following the murders the Defendant committed an aggravated bank robbery in
California and was apprehended. He was sentenced on the resulting charges on December
16, 2011 in the federal court system. On infonnation and belief the Defendant has been
in state and/or federal custody in California since the aggravated bank robbery.
4. The Defendant was returned to this jurisdiction on the above numbered and styled
causes on or about May 24,2013.
5. The Defendant appeared before this Court for the first time on June 4th, 2013 and this
Honorable Court appointed counsel from the Regional Public Defender for Capital
Cases.
6. The Regional Public Defender refused to accept the appointment, and the Defendant
was reassigned court appointed counsel on June 6th , 2013.
7. The Defendant waived arraignment and entered a not guilty plea on July 15 th , 2013.
8. The Defendant requested and was granted additional counsel on July 18th , 2013.
9. No discovery of any kind has been requested by counsel for the Defendant until
counsel met together at the District Attorney's Office on August 28 th , 2013.
10. No court date has been requested by counsel for the Defendant. There has never been
a request for trial or pretrial dates. No trial date has been set by the court.
11. No motions have been filed by counsel with the exception of a request for additional
counseL
12. To the knowledge of the undersigned attorney no request for investigator fees or
psychological evaluation has been made by counsel.
13. To the knowledge of the undersigned attorney there has been no request to see and
inspect the State's file.
14. Defense counsel has not reviewed any evidence in the possession of the District
Attorney and has not reviewed the State's file.
15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis
spoke with defense counsel Frank Blazek over the telephone regarding this case. As a
result of that discussion Elton R. Mathis believed that defense counsel was requesting
that the case be put on hold pending time for Frank Blazek to assemble a mitigation
packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from
seeking the death penalty in the capital case. The District Attorney's Office has been
actively preparing this case for trial, yet not anticipating a trial date in September 2013.
16. The State's trial case requires the presences of several out of ~ate witnesses from
various law enforcement agencies in California and Virginia. Given the present posture
of the case, the State will require more time to coordinate and assure those witnesses'
presence.
17. The Defense has not yet designated the expert witnesses it expects to call in their case
in chief or in sentencing for purposes of mitigation. The State anticipates a significant
time necessary to prepare for rebuttal. The State has filed a request for the names and
'.
addresses of any such defense experts.
18. The State has filed a motion for the psychological evaluation of the Defendant which
has not been heard or completed.
19. The undersigned attorney is scheduled for hip replacement surgery on September 3rd ,
2013. Recovery time is anticipated to be up to eight weeks. This surgery has already
been rescheduled once so that the undersigned attorney would be able to try The State of
Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the
investigation and prosecution of this cause. To assign the case to another attorney in the
office other than the elected Criminal District Attorney would be a hardship.
20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense
Counsel indicates that this case is complex and requires more than one attorney. This
statement is true on behalf of the State of Texas as well.
21. The State of Texas intends to seek the death penalty in this case. It is anticipated that
the jury selection and trial of this case could take four to six weeks or possibly more.
22. The Defendant in this cause faces the death penalty and has only been represented by
counsel for approximately 85 days. To proceed to trial at this time or any time in the near
future would be reversible and harmful error.
23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal
Procedure the undersigned does hereby assert that any provisions therein mandating trial
by a date certain are impermissibly restrictive, are overbroad, and violate the separation
of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is
ready for trial is based on numerous factors and cannot be reduced to a simple formula
that applies equally to Class C Misdemeanors and Capital Felonies. The determination
of when a case is ready for trial is in the providence of the judiciary not the legislature.
Counsel would further show that this is the first request for a continuance by the State of
Texas.
II.
This Motion is made in the interest of justice and not for the purpose of delay, but so that
justice may be done. A continuance is requested for only as long as is necessary.
,
THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be
granted and this cause be set at a later date.
57
Assistant District Attorney
Waller County, Texas
TBN 06435100
645 1ih Street
Hempstead, Texas 77445
(979) 826-7718
(979) 826-7722 (FAX)
11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
~
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
AFFIDAVIT
BEFORE ME, the undersigned authority on this day personally appeared Frederick A.
Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person
:z
whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after
being duly sworn on his oath states that he has personal knowledge of the facts relied on for the
Motion and that the statemenls therein contained are true and ~
~rederick A. Edwards
Given under my hand and seal of office, this the _ _ day of _ _ _ _ _ _, 2013.
Notary Public in and for
Waller County, Texas
59
11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DISTRICT
v. § COURT OF
DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS
ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE
It is hereby ordered that the State's First Motion for Continuance is hereby Granted
Furthermore, this cause is set for trial on _ _ _ _ _ _ _ _ _ _ __
Judge Presiding
(
No. 11-01-13703, 11-01-13704 and 11-01-13705
THE STATE OF TEXAS § IN THE 506th DIST
VS. §
DOMINIQUE DONTAE LASKER § WALLER COUNTY,
STATES MOTION FOR COMPETENCY EXAMINA:TION
COMES NOW, the State of Texas, through the undersigned Assistant
District Attorney and moves this honorable Court, in accordance with the
provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal
Procedure to appoint a suitable expert to examine the Defendant and make
written report to the Court, without delay, as to the competency of the
Defendant to stand trial and otherwise answer to these criminal charges.
In support of this motion the State would show the following:
1. The Defendant is charged by indictment with one Capital Murder and
two indictments of Murder in the first degree alleged to have occurred
on or about March 11, 2010. Issues of mitigation may be and will
likely be at issue during the course of the Defendant's trial and a
psychological examination would aid the Court or jury in any
determination it may be asked to make concerning competency and
matters of sentencing.
2. The Defendant made statements to Texas Rangers during an interview
to the effect that he saw a ghost at the time of the offenses and that he
often thinks about hurting and killing other people.
3. The Defendant in correspondence made during his incarceration in
California made statements to the effect he feels there might be
something "wrong" with him and he wanted his wife to check on the
internet with the "Veteran's Court."
4. The Defendant in telephone conversations while incarcerated in
California makes mention of a discussion he had with a prison
counselor to the effect that he has "questioned himself' on the need
for help on mental issues in the past.
5. The Defendant during a Court appearance before this Court
&/
demonstrated in his demeanor a lack of understanding of the
proceedings when this Court inquired into his desire to have court-
appointed counsel, insisting instead that he wanted to have a ruling on
an unrelated motion made pro se to the Court.
The State of Texas reasonably believes that the above behavior warrants
an expert's determination of the Defendants competency to stand trial.
ORDER
THIS MOTION having been duly considered, the COURT hereby
GRANTS/ DENIES the States Motion for Competency Examination and
appoints
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, to examine the
Defendant and to report in writing as to the Defendant's competency to
stand trial and otherwise answer to these criminal charges.
Date:
-----------
Judge Presiding
11-01-13703, 11-01-13704 and 11-01-13705
o:J ~ =E
THE STATE OF TEXAS § IN THE 506th DISTRIC
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-u -345 S.W.3d 71,75 (Tex. Crim. App. 2011).
4. Defendant is entitled to have the cause dismissed under both the IADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By ____~____~__+-______
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No, 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
MOTION TO DISMISS PAGE 2
C:\FB\CRIM_K-O\Lasker,DD.81075\11.01-13704\Molion to Di.~mis:;.OOI.wpd
(
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion for
Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of
September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
MOTION TO DISMISS PAGE 3
C:\FB\CRJM_K·O\l..asker.DD.81075\II-OI-13704\1v1oUon Lo Dismiss.001.wpd
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ dayof _ _ _ _ _ _ _ , 2013, came on to
be considered the above and foregoing Motion to Dismiss. Mter consideration of the same, it
is the opinion of the Court that Defendant's Motion be:
() GRANTED, and the indictment is hereby dismissed with prejudice.
() DENIED, to which ruling the Defendant excepts.
SIGNED: _ _ _ _ _ _ _ _ _ , 2013.
JUDGE PRESIDING
MOTION TO DISMISS PAGE 4
C:\FB\CRIM_K.O\Lasker.DD.81075\11.OI-13704\Motion to Dismiss,OOI.wpd
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T EXA S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL ~IST~C~
~ ,
,Cl
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE ~ ;:6~
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TO THE HONORABLE JUDGE OF SAID COURT: c-u
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Now comes the Defendant, DOMINIQUE DONTAE LASKER, by an thro~ h~g
I .• rrlA
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attorneys of record, and submits this his Motion for Disclosure of Favorable Evidence, ami fct:;
cause would show the Court the following:
1. The State of Texas and its prosecutors have a duty to disclose favorable evidence
to the defense. Bracry v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).
It should be noted that the definition of favorable evidence is very broad and includes
evidence that is mitigating, even if it does not exculpate. The subject evidence in the Bracry case
was merely mitigating.
2. The State of Texas and its prosecutors have a duty to disclose any evidence
suggesting that Defendant is nO,t competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697
(Texas Court Crim App. 1979).
3. In this case Defendant is entitled to relief under the Interstate Agreement on
Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to
relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments
thereto relating to a speedy trial. Defendant is entitled to production of any evidence that
would support such claims.
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 1
CIFBICRlM_K.OILa,k".DD.8107 5111·0 I· 13705\B"dy.OO I.wpd
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the District Attorney of Waller County to disclose any favorable evidence to counsel for
Defendant, instanter.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 lIth Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By
~~ t
FranBlazek I
State Bar No. 024/5500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2
CIFBICRIM_K-O\LA,k".DD.B I 07511 1-0 I-I 37051B,.dy.00 I.wpd
(
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Moti&n for
Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the ~~y
of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 3
CIFBICRIM_K-OlLa,ke<.DD.8107511 1-0 I-I 37051Bcady.OO I.wpd
71
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
On this day came on to be heard Defendant,DOMINIQUE DONTAE LASKER's Motion
for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above
and the time for such discovery to be completed by the prosecution is set at _ _ o'clock
.m., on _ _ _ _ _ _ _ _ _ _ _ , 2013. Such disclosure shall be made in writing by
delivering said writing to Defendant's attorney of record. IT IS SO ORDERED.
SIGNED and ENTERED this the _ _ day of _ _ _ _ _ _ , 2013.
JUDGE PRESIDING
MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 4
CIFBICRlM_K-OILa,keLDD.B I07SIII-OI-1370SIB,.dy.OOI.wpd
Cause #--J./~J~~O:.L.-/~----,1,----=,3,-----,'1<__~~~5_
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS § WALLER COUNTY, TEXAS
CbM; nYJ'-0 Dm~ U-,;./::.e/
§
§ S06TH JUDICIAL DISTRICT
STANDARD DISCOVERY ORDER
STATE IS ORDERED TO FURNISH:
1. A list of all anticipated trial witnesses, to be supplemented as others are discovered.
2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made
pursuant to Art. 38.22 C.C.P.
3. Inspection of:
a. All items seized from the defendant, any co-defendant or accomplice.
b. All physical objects to be introduced as part ofthe State's case.
c. All documents, photographs and investigative charts or diagrams to be introduced at trial.
d. All contraband, weapons and implements of criminal activity seized or acquired by the State or its agents in the investigation
of the alleged crime.
e. All records of conviction which may be admissible in evidence or used for impeachment of the defendant.
f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent
fmgerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc.
4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or
other cooperation with regard to the alleged offense.
S. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses.
6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness
by the State.
7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all
examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints.
8. Inspection of all business records or governmental records expected to be introduced by the State.
9. All exculpatory evidence pursuant to Brady v. Maryland and related cases.
10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the
possession of the investigating officers or other agents of the State. Reasonable inquiry by the State and the defense is required.
11. In appropriate cases, the State is encouraged to furnish offense reports and witness statements in addition to the above items. However,
such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the
contents are exculpatory. Such statements and reports must be tendered to the defense for cross-examination on proper request under
Gaskin or related requirements.
12. In the event that photographs, diagrams or models are prepared as "jury aids" at the direction ofthe State's attorneys before trial, such
items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof.
13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature of the discovery herein
ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered.
In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only
matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such
motion shall describe how the additional discovery differS from this Order.
The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL
SHALL PICK UP DISCOVERY AT THE DISTRICT ATTORNEY'S OFFICE ON OR AFTER SUCH TIME. The Defense shall exercise
reasonable diligence in contacting the State's attorney to arrange a mutually convenient time for the appointment.
The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days
after discovery is completed.
ORDERED and ENTERED this ~ day of W
13
I /
Cause No. f (-D I ~ 13705
STATE OF TEXAS J l--{J/-/ 3 701 IN THE DISTRICT COURT
v.
/11°1-/3705 WALLER COUNTY, TEXAS
bOO'J,chCV«e. Dank ULster ~ 506 TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. 10:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.C.P., Art. 28.01.
3. 1:30 p.m. HEARINGS & BENCH TRIALS
4. On or before 10-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived.
5. 10:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. c2. --c2. ~- /Lj-{ 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _-L.{{_' _q-_/--=~=:....-
';xlLY---?--
Defendant's Signature Counsel for State
Yellow--State
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT
§
VS. § WALLER
§
DOMINIQUE DONTAE LASKER § 506TH
FIRST AMENDED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would
show the Court the following:
1. The State of Texas obtained an indictment for Capital Murder in this cause in
January, 2011. Waller County placed a detainer concerning this cause on Defendant while he
was serving time in a federal prison. Defendant has twice requested a final disposition to the
indictment which was the basis of the detainer under the Interstate Agreement on Detainers
(IADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy
trial under the constitutional provisions of the Sixth and Fourteenth Amendments of the United
States Constitution.
2. More than 180 days have passed since the District Clerk and the Prosecutor
received Defendant's written notice and request. The District Clerk of Waller County received
the request on July 16,2012. The District Clerk of Waller County received a second such
request on February 8, 2013. The District Attorney of Waller County received the two requests
on or about July 16,2012, and February 8,2013, as well. The second request was properly
transmitted by and through the warden of the federal prison facility in which Defendant was
incarcerated.
FIRST AMENDED MOTION TO DISMISS PAGE 1
C:\FB\CRIM_K-O\Lallker.DD,flI075\ll-OI-13705\Mntinn to Dismiss.002.wpd
')5
3. No delay has been sought by the Defendant. The Court has not found that good
cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite
the passage of over 180 days.
See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that
an action on the indictment ... on the basis of which the detainer has been
lodged is not brought to trial within the period provided in ... Article IV hereof,
the appropriate court of the jurisdiction where the indictment . . . has been
pending shall enter an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect.")
Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011).
If the 180-day time period set by Art. III(a) of the IADA began running on February 8,
2013, trial should have commenced on or before August 7, 2013. If that period began running
on July 16, 2012, commencement of trial should have been on or before January 14,2013.
4. Defendant is entitled to have the cause dismissed under both the IADA and
federal constitutional right to a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
FIRST AMENDED MOTION TO DISMISS PAGE 2
C:\FB\CRIM_ K-O\Lasker.DD.B 1075\1 )·0 1.13705\Molion to Dismiss.002.wpd
William F. Carter
State Bar No. 03932800
108 E. William 1. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [TelecopierJ
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing First Amended
Motion to Dismiss has been forwarded to opposing counsel on this the 6t\;lay of October, 6sxt
2013, by facsimile to 1-979-779-9243, and addressed as foIIows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
FIRST AMENDED MOTION TO DISMISS PAGE 3
C\FB\CRIM_K-O\Lasker.DO.flI075\ll_O 1-13705\Mntinn tn Dismiss.002.wpd
17
--·':·'.'·'r"=""'7'~'" "'::~'~'~':':"'l""~'«'\'i.",."""'l"'.'~"'('"""',"""","~"""'" . ·A-."i."~,;;;'.;;;;;lYim'i\i.;'M""'nJ<"fi!6ti!!'I!,,&l . " . .1
, '-.
Cause No. 11·- 0/·- 13'103
STATE OF TEXAS § 1~10+ IN THE DISTRICT COURT
§ 13I'J05
v. § WALLER COUNTY, TEXAS
§
tom i[\ 41'0':: l)e,rd1,:. I (L'Skd § 506 TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
I~(W
2. -lOiOO a.II1. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.C.P., Art. 28.01.
3.
I
~ -- /() -/~
;j' y' ~
j[)'DO
HEARINGS & BENCH TRIALSfJ(-,~~
I·
4. On or before lO-days before Pretrial Hearing Date
/Jt!d--1-L~
all c.c.P., Art. 28.0 I matters must be filed or will be considered waiv~.
5. 10:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _-L.1...c..1_-_Lt....:.....:/_:).>L..-_ _ _ _ , replacing prior Scheduling Orders.
1JiYl
Counsel for Defendant Counsel for State
. \mUJ
ALBERT M. McCAIG, JR., Judge Presiding .
Copies: White--Clerk Yellow--State Pink--Defendant Gold--Defendant's Attorney 78
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645 12th Street
Hempstead, Texas 77445
Elton R. Mathis
Criminal DistrictAttorney
VValier County
November 18, 2013
Mr. Frank Blazek
1414 11 th Street
Huntsville, Texas 77340
In Re: State of Texas v. Dominique Dontae Lasker
Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705
506 th Judicial District Court, Waller County, Texas
Delivered by FAX and by Certified Mail receipt # 7002 3150 0000 3033 7222
Dear Mr. Blazek,
Please find attached the State's proposed "Stipulation of Evidence" consisting of a number of
attachments. I have taken the liberty of filing these documents with the Court as well for purposes of
argument in your motion for dismissal.
Fred Edwards, Assistant District Attorney
Waller County District Attorney's Office
Waller County, Texas
Enclosures
th
Cc: S06 Judicial District Court
?3
~~.
.. ~
IC" L~.:
d-01-13703, 11-01-13704 and 11-odlJ 105
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY. TEXAS
§
DOMINQUE DONTAE LASKER § 506THTH JUDICIAL DISTRICT
STIPULATION OF EVIDENCE
COMES NOW, the State of Texas and the Defendant through their undersigned
attorneys and enters into the following stipulation of evidence for all purposes and all aspects of
the trial of these causes, and would stipulate as follows:
1. The State of Texas stipulates that the State received documents marked as State'sExhibit A
(consisting of eight pages) on February 8, 2013.
2. The State of Texas stipulates thatthe State received documents marked as State's ExhibitB
(consisting of five pages and an envelope) on July 19, 2012.
3. The State of Texas stipulates that the State of Texas through the Waller County Sheriffs
Office obtained custody of the Defendant on May 24,2013.
4. The Defendant stipulates that the State of Texas sent by facsimile copies of the indictments
against the Defendant to Kelly Palmer, U.S.P.O., SDICA, on October 7, 2011, consisting of
five pages, marked State's Exhibit C.
5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning
necessary forms for transfer on August 31, 2012, consisting of one page marked as State's
ExhibitD.
6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden
USP, Victorsville, CA forwarding completed lAD and required documents and USPS
Certified Mail Receipt card, dated]anllary 2, 2013, consisting of nine pages and card, marled
as State's Exhibit G.
7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from
USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31,2013,
consisting of two pages and forms, marked as State's Exhibit H.
8. The Defendant stipulates to a letter from USDJ, Victorsville, CA, Corrections Systems
Officer dated April 8, 2013, received by facsimile attaching Prosecutor's certification and
lAD VI, consisting of three pages, marked as State's Exhibit F.
9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas, Texas
Administrator cover letter and lAD Form VI to Linda T. McGrew, Warden, USPO,
Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service
Receipt, marked as State's Exhibit E.
1
• ".'
..
·f-
10. The Defendant sL -Llates that the Waller County DA's (,-,irice received from USDJ,
l
Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's
Office letter 0 fMarch 20, 2013, this facsimile received April 9, 2013, consisting of one page,
marked as State's Exhibit I.
11. The Defendant stipulates that the State of Texas sent a letter to the Warden ofFCC-USP,
VictorsvilIe, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May
1,2013, consisting of three pages and envelope, marked as State's Exhibit J.
Agreed to this the _ _ _ dayof _ _ _ _ _ _ _ _ _ _ _ _, 2013.
Defendant's Signature
Sworn to and subscribed before me on _ _day of _ _ _ _ _ _ _ _ _ 2013.
County Clerk, Waller, County, Texas
Approved:
Frank BlazekIBilly Carter
Attorney for Defendant
Elton Mathis
Criminal District Attorney, Waller County
Judge Presiding
506 th Judicial District Court
2
'. , ( ('
,.
U.S. Department of Justice
'. '.
Federal Bureau of Prisons
'] r' ~ In: ..'1
~
C"
Federal Correctional Complex
Office of che Correcti-onal sy.so VictorvIlle, Cdlifornld
---;-f--+.f.4....~
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
S06 th Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your request for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 30-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this. 30-day period, provided under
Article IV (a), which expires on DATE) Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI, ~
"Evidence of Agent's Authority to Act for Receiving State" (BP-A564)
and originals of the TAD Form V (RP-S68) and lAD formVI (BP-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should also appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
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Page Two
RE:: Lasker, Dominique Dontae
Register No. 228~7-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the rADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((U)~
/s/ D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
State IADA Administrator
,
~
DP-S235(51) IAD -NOTlCl J UNTRIED INDICTMENT
(
u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: fNSTITUTION:
LASKER, DOMINIQUE DONT AE FCC VICTORVILLE COMPLEX
22867-298
Pursuant to the Interstate Agreement on DetaIners Act, you are hereby Informed that the followmg are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge, .
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to req uest the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposi tion of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer ofajurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered such d e rIvery.
. DATE: NAME AND TITLE OF Linda T. McGrew .
CUSTODrAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels lr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: £NMATE S£GNATURE
Original In male
Copy: J&C File
Cc:nlral file
(
BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: 1urisdiction:
506 th JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officers. and courts of jurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Ac~ to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
. herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
ofimprisooment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this fonn to the sender.
Forms BP-S238(51), Certificate ofInmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONT AE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictmen~ information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate' s consent to the appointment 0 f counsel by the appropriate court in the receiving
state.
A My Counsel is (give name) Address is: (Street, City, State, Zip Code)
@request the Court to appoint Counsel. (Inmate'S Signature)
I
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Record Copy· Stall: lAD Administrator; Copy. JkC File; Copy - Central File (SecL I); Copy - I'rosecuting Omcial (Mail Cenified Return Receipt); Copy - Cleric of Coun
(Mail Ccnified Return Receipt)
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Bp·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDFRM
Fcbnall)'l9 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under whi ell the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1/30/13 . Director, Bureau of Prisons Complex Warden
((J..U.U--
!{' D. Wren
Correctional Systems Specialist
Record Copy - State LAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certi fied Return Receipt)
BP·S239.0SI lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
February 1994
U. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: Janu~30, 2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
infonnation or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
irunate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Namerritle Custodial Authority:
~~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 . Director
Adelanto, CA 9230 I Bureau of Prisons
Linda T. McGrew
Complex Warden
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BP-S565.051 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02
U. S. DEPARTMENT 01' JUSTICE FEDERAL BUREAU OF PRlSONS
Ii
This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request
temporary custody of LASKER, DOMINIQUE DONTAE, Federal ReQi.t.r Numb.r 22867-298 via X
!AD _Stat. Writ (check one), and do hereby agree to the following conditions in connection
with the reguest for custody of said inmate.
Condition.
a. Agree that said inmate will be provided safekeeping, custody, and care and will assume
responsibility for that custody to include providing the inmate with the same level of
security required by Bureau of Prisons Policy.
b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to
include disciplinary problems, medical emergencies, suicide attempt, escape or attempted
escape or any other problem arising during commitment.
C. Agree not to release said inmate on bailor bond or to commit them to an institution for
service of any sentence imposed in connection with our p.rosecution.
d. Agree to return said inmate to the federal institution from which they were obtained at
the conclusion of the inmate's appearance in the proceeding for which obtained.
e. Agree to notify the local jail authority of .the responsibility to return the inmate to
federal custody.
As the Prosecuting Official for the State of T.xa. I, ELTON R. MATHIS, Crimin.~ Di.trict
Attorn.y, hereby submit the following information in connection with my request for
temporary custody of LASKER, DOMINIQCE DONTAE, Fed.ral aeQi.tar Number 22867-2ga.
Information
1. Name of facility, location, contact person, and phone number where the inmate will be
confined durin Ie al roceedings.
1:+ 2. Scheduled date for /,trial.
l)-Il-C-iL-t..
3.
\ C4-\.';~ W "'- *"
""'1&.t~
~. G,I." .... ,S'.... ;-Ic."', S'\.v~~ l'li'l)~%",ezQz.
J
"eo\- S l!.\"'u~,J \ -e.
4. Name and phone number of the state agency, specific name of agent(s) who will transport
the inmate at direction of the cou~t and whether a private carrier, contractor (if
permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting
the inmate for the state. y..{-\\t,. tJ•• S.O. q-rc\~".~e.zBZ.
5. Need for appearance of inmate and nature of action.
--r-( \, _ \ It- I (L '"
~Dr (' c.. ?, I'A <.J (
6. For Stat. Writ c •••• ~nly (not required for lAD):
a. Name and address of court issuing writ, name of the judge, and name, address, and
phone number of clerk of the court.
b. Reason production on writ is necessary and reason another alternative is not
available (for civil cases).
7. Signature and Title of Prosecutor Date
Subscribed and sworn before (Date) : _____________________________________
8. Signature of Notary Public Date
Original - J&C File, Copy - Central File ThiS form replaces BP-S565 dtd FEB 94)
B9te5/2612 68:35 76B53F11l RECORDS PAGE 62/63
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BP-SS6B.051 LAD FORM V - REQUEST !'OR TEMPORARY ·CUSTODY CCFRM J\JIAU1.tD Fli:B 94
U. S. DBPAJl!l'MZHT OF JOSTlCE nDERAL BtJUAU or PlUSONS
Six copie~. siqned copies must be ~on~ to th •. p~i50ner and to the official who has the prisoner 1n
custody. A copy should ~ .sent to t.he Aqr.etI\ent Ac1m1nistrator of both the unding and the rec:d"inq
.state. Copiea ,hould be.retained by thQ paraon fHinq tha requ ... t II.nd the judq. who lIIiqns the requeat.
Prior to tranaf.r under this Aqr.ement/ an InmAt. may be affordad a judicial heAring (Cuyler) similar
to that provided und~r tha uniform Ext:adition Act, in which the inmatQ ~y bring a lim1t~d challenge
to the rec~iving etate's requa,t.
Requ •• t: for Temporary cu. toc1y
To: (.warden-superinten~ent-D~rector) - Ins~i tuti~n and Address fi
VI\J,{:;c1S+04t...s 7el",1~~f'·Ar:J~ v'ic.tOI1v'dlc
r-.CC. J 7-0· Eo}(.3t10~ ~De(~;z.~)oS
Please be advised t.het (Na.me of 1 nmate) J)OM 11\11'1 IA £i J)ol\.d AlE Lt\S kf:12... 2U(,.,.- 2.~, who
~
. ~i·~~Y
inmate ot your institut.ion, is under (indicate appropriate]
an
f'iRi"amation)
ndictment (etJlUpnHnt) in the (Jurisdiction)
5(; b ' 4 CJ. 0 ~ Ilev CO(..4h.>t y 1"f?(J4.5 of which I am the (Title of Prosecuting
Officer) i5cS~Vl\'c.f R> HOY2.Jv~ Said inmate is
therein charged with the offens B) enumerated below:
Of'f'anaQ (a) l I - 0 1-
....L (
/7)
U/ Cp..y~1-1'\1 M1.4vt>ev- 1\-01- 13=703) C ...
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J3il- .. { J~v~,,""... LI-t>1-13=tor ,L!)
,/ ta" , T1"
~",yO/"
I propose to br nq thill penon to trial on t e r indicAta appropriate) I nd ctment
!-eoza:cn.tllt) within the time specified in Artic:l. IV(c:) of the Aqreement.
In order th.~ proce.dings in this matter may b. properly had, r hereby requast temporary cu~tody of
such per.ona pursuant to Artic:le IV!s) of th~ AQraament on Dat4inere.
Attached herewith find in triplicAta:
a. Certi£iacl copies of the complaint, intortUtion or. incl.i.ctment
b. Certified copies af the warrant
c. Certified cop1es of f.i.nqerprlnt.2, phocoqr.e.ph.2 or physical da.c:d.ption
I hereby aqre. that immediat.ly after trisl h completed in thi~ juri.ldictio·n, I will return the priaaner
directly to you a: all.o.", any jur.i.ediction you have dGlsiqnat.d to taka tllZl1pQrary custody. I aqrea 11.1.10
to co l.t. Form IX The Notice of Dis osition of a De~ain.r .i.mmediatel .tter trial.
Printed Name and Signatur Title I J/ish' .. c;....~ Date
E \ -\ON ~. fv'\ ~ t\...i..s CQ.il\.4I,..,A, PH 011 NDV J...c" 1 20
Address: City/State: "9-=JLj-t.f.s;- Telephone No.:
LPLf 5' l'tJ..tJ,... s+(~d \-\ -e ~p 6-bt-~1~ IT~ '01.5 q '1 q - C; 2 v - 71 18
1 hereby certify that the parson who~c si~n.ture appears above 1s an appropriata of.!icer withIn ·the
mean1nq of Articl~ IV(S) and thet the !ac~s recited in ~his reque~t for tempora cu,tody are correct
And tha~ havin~ duly rQcorded said r.que~t, I hereby tran~mit it ~or Act~n in cord.nee w1~h ita ter.m
and the rovl~lon. of th~ A r •• men~ on D.tainer~. (
Judge's Print~d Name ~nd Signature
~ I bollA M. M.c Ca.~
Court
::; D (p i-\.-. ::r \.4-0" \' c i .4.. \ C.Ou.v-t
Telephone NO.
Wo.l \~ Cou-..... -t \. . T-e 'i A~ 0"1 (, ...
(Thi~ form mAy bft r.epllcsted via KP)
(
NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS. INFORMATIONS. DETAINERS OR
INDICTMENTS BY FEDERAL PRISONER
TO: Office of District Attorney FROM: Dominigue Dontae Lasker
Reg. No. 22867-298
Lb L\, b ~l" 9{ u r S:.ui \ ( \ United States PenitentiJry
Victorville FCC
Hc.('I,~~r386 U.S. 2 I 3. 222-223 (1967). A state is responsible for a defendant's speedy trial rights.
even where a defendant is held'in federal prison. see: Smith l' Haoel', 393 V.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fer 1',
Michigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,
and the dismissal of any outstanding citations, warrants, infonnations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed l20 days.
Respectfully Submitted,
Dated: {·9-DI· J..- /071 03 ~z
~n~~inique
~
. tae Lasker
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 9203l
CERTIFCA TE OF SERVICE
I hereby certify that a copy of this document \vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
Dis1-f'C C. t AUO(Vlt lj
fi>ll~ G1hs.'Ic.c1 SLli~t"
[\c\'Y1P&"\c,d 1 X I 77'-1~.s
~O, d-- / 07 /3 /~ ~----.
~;:que50~
; ..
Date: ;
j
\'/1' I U\\'llhrar~ "rlrm5;r''''lIl'c~rl:cd\"lrlal-lktalllt'r II:,'\" 'I III
( (
CERTIFICATE OF SERVICE
I, Dominique Dontae Lasker ,hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition ... pursuant to:
Tex. Code. Crim. Proc. Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USP/FCC, at Adelanto, California, on this ~ day of
___\"'-
.......
\ u-.:=.=""'-"-\.}.,()..."""""",,,l-->,+l_ _ _ _, 20 12 ,with sufficient postage affixed. It would be
\
noted that this service would be deemed filed at the time it was delivered to prison authorities for
forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the fo llowing party or parties:
1). District Court, 506th District 2).
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUN1Y
Heapstead, TX 77445-4673
~~ue D~Lasker--"""""<::
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Formsl Certificate of Service (Re\', 8/11)
'17
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VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1 . . . . . . . . . . . . . : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L
DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR TI:i.E.-*-NHA'PE·S CURRENT COMMITMENT.
THE INMATE IS PROJECTED FOR RELEASE:C08-13-2019 VIA GCT REL--....·,
--- --
----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------
COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMEER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010 ---------------------------
OFFENSE CODE .... : 551
OFF/CHG: 18:2113 (A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT.1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW .
,Jolt' _I
~~. Dominique Dontae Lasker ," • ,J.
.~2u ~.t-.;.~ .. ,' "'~I ":l ··\i~ ! " ",(,:. "h"",1 -' ..?.-:~•
l_·{"·.,J·ltt-1a::..L.._J .......... J·l_..-,. _'...!-_.l
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Fed. Reg. -22861-298
United States Penitentiary Victorville
'.1."1 .:iUt ~Jj2. :F~ S L
P.O. BOX. 3900
ADELANTO, CA. 92301
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ELTON R. MATHIS
CRIMINAL DISTRICT ATTORNEY
WALLER COUNTY
FACSIMILE TRANSMITTAL SHEET
FROM:
DATE:
u.oS. P. D j SD(cA /l'J-I-II
FAX NUMBER:
b/Cf- ~r=;-~~
PHONE NUMBER:
~. ~O ""- _\,. YOUR
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o URGENT ~FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
HH (,Til ~TRI\Jo:T. oSTI·:. 1. III\MI'STI·::\Il. TEXAS 774~'i
EXHIBIT:
PIIONE: 97 ') K2C.-77 I H • 1',\ X: 971) H2(,-77"2"2
!
( Transmission Report
Date/Time 10-07-2011 04:55:31 p.m. Transmit Header Text WALLER CNTY O.A. MATHIS OFFICE
Local 10 1 9798267722 Local Name 1 WALLER CNTY. OA OFFICE
Local 10 2 Local Name 2
This document: Confirmed
(reduced sample and details below)
Document size: 8.5"x11"
ELTON R. MATHIS
CJ.IM"'I.IL DISTJ.ICT ATTORNI!Y
W ALL I! II C 0 U N T \.
FACIINILE TIlANUIITTAL IHEET
,..IIIN
U-S. P.o. SD/c..A /D-7-11
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rllONI! '1") 8!'.1'l1,. ";\:!t: 'i'l 11& "''',12
Total Pages Confirmed: 4
Remote Station Start Time Duration Results
U.S. Probation 04: 51 : 33 p.m. 10-07-2011 00:03:34 CP14.400
Abbreviations :
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS: Mallboxsave FA: Fall RP: Report EC: Error Correct
NO. _'...;..'I_-...;;..:J...;../_-_''~_'_""_":':...:1.;...-_ _
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ~}dU'i.'JUDICIAL DISTRICT
HIM DOH: 03/2111984
Charge: CAPITAL MURDER
Section: 19.03
Degree: CAPITAL FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards. by shooting Janella Edwards with a firearm, and
both murderS were committed during the same criminal transaction. .
The Grand Jury for the County of Waller and the State of Texas, du1y selected,
empaneUed, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE lASKER, hereinafter styled Defendant, on or
about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the
defendant was then and there in the cOllrse of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
lo-:L
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NO. /1 (1!' /J 7tJ~
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ..Ji 16-ll JUDI CIAL DISTRICT
HIM DOB: 03/2111984
Charge: 19.02
Section: MURDER ~ "'1 ~'-. l
:I11III
Degree: FIRST DEGREE FELONY ~
INDICTMENT ~ L
The Grand Jury for the County of Waller and the State of Texas, duly selected, ~ ~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of E '-.
506U! Judicial District Court of said County, upon their oaths present in and to said Co
at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIreann.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOl\flNIQUE DONTAE LASKER
BIM DOB: 03/2lJ1984
Charge: MURDER
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected~
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th
. 506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson. by shooting Stanley Ray Jackson with a
fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
.J PAGE [H/B3
08/31/2B12 09:33 75053B r RECORDS (
\. -
08/31/2012
DATE:
-_._----_.--------,._-,--,
FRED EDWARDSI WALLER COUNTY S.O.
TO:
-----------,---,----- ----------------------
FAX: 979-826-7722
------------,-_._._--'
PHONE: 979-826-7718
---,----,---------------------,._--,---
ED PEREZ
FROM:
------------------_._- ,----...:.'-,---
FAX: 760-530-5750 ---~,---,-----
PHONE: 760-530-5700 EXT: 5881
-----
PAGES:- - -3- ,
RE:
---',,--
lAO FORM V
,---,.'"---.-------,,-,-"~--
cc: ,------------- ,-----, , - - - - -
COMMENTS:
Please complete the attached form. Once I receive the form V back, I will
complete the request here and forward the remaining documents to you. If you
have any questions please feel free to contact me at my direct fine.
760-530-5881, if I do not answer please leave a message.
Tn!! messa,e IS intended for official use and m,y tonta1n
'SENSITIVE aUT UNCLASSIFIeD (sau) INFOR~RTION',
If this meJs,.e contains SENSITIVE aUT UNCLASSIFIEO INFO~ATION,
It should b. p~operly det1vered, labeled, stored, ~nd
disposed ot accordin. to Feder~l Bureau ot pr1SDms polIty.
o URGENT
.0 PLEASJi: OOIvJJ.mNT
l.f IPl.EASJ~ REVUnV EXHIBIT
o FOR YOUR RF.:CC)RDS
<31- ])
'u.S. Postal ServiceTM ,...
CERTIFIED MAllrM RECEI'" (
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I u,mplete Item. 1, 2, and 3. Also complete
itam 411 RMtr1cted Delivery II dll8llad; OAg....
I Print your name and Bddreu on the rev.,.
so that we can return the card to you. I -.i.
I Attach thll card to the back at the mBllplece. '
or on the front " space permltL
Vee·
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7012 1010 0001 9924 2234
S Form 381 t, February 2()()4c 00meIUcs ReILm ReceIptr·, 10215~11504C1'
- _'.' _.0' ...... ,
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UNITED STATES POSTAL SERVICe.
Ill/H
Arst-(;Iau ,Md. .
Po~4F"~II~ .
USPS
Pennlt Ncr. G-100
.-
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•
645 12th Street
Hempstead, exas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
VValler County
April 17, 2013
Texas Administrator - LAD
c/o Ms. Donna Bell
P.O. Box 99
Huntsville, Texas 77320
RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 lh Judicial District Court
of Waller County, Texas
Dear Ms. Bell:
It was a pleasure speaking to you earlier today. I am enclosing lAD Form VI for the
return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr.
Lasker is currently serving time in a federal prison facility in California for bank robbery. Do
not hesitate to contact me with any questions or concerns you may have or if you need further
documentation.
Sincerely yours,
~~
Elton R. Mathis .
Waller County District Attorney
Enc.
(
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. ,
ilP-A05ii4 lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDF'RM
/\l'R 10
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
five copies. All copies, with original signatures by the Prosecutor and the Aqents,
should be sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
use in establishing their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Agent's Authority to Act for Receiving state
To: (Administrator and Address) ~~c.- '-' S ~
J,w,...J4.. -r: \'Ile~r~ J v{..,J..,,- Y.o. Boi- s'l./oo
V' : ~,:t"r "d l ~ eA
Inmate (Name and Register No.) is confined in (Institution and address)
J...~-s~r) VOl"'-I."'\~e. DD"-4a..e. Fc..c.. " ~ c..-b, v' \ \\-e,. ~'"'-f\e,c ..;... uS?
P.O. 'Bo1'- -S~O 0
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Ev1dence o~ Aq.nt'. Autbority Concinued
To: (Wa rcien-S upe r in tendent - Di re ct 0 r;>
b.. \ eekw --r: c""\ (! (0 r~w, td:.4J ~ f'-
In accordance with the above repreeencaciol'l8 and thQ provi~ions of the AqreemQnt
on Detainers, thQ per.ons li5tQd above .re hereby deaiqnated ~s Agenta for thQ
StatfJ of TG')(A- S to return
(In~at8/.5 Name ~a li.1}fgi.lter No.) J..fSS~R:1 D~v13/p{3 39\;1d
I asnce
t: .5. Departtnell~
Prisons
Federa\ Bureau 0 f
offi~e of Inma.re SY$ce ms
Vlccorv/ll a, California 92394
Date: April 8, 2013
From' J Kaawalo a
Title:' Cor;ectional Systems Officer
Phone: (760) 530-5882
Fax: (760) 530-5750
To: ELTON R. MATHIS
CRIMINAL DISTRICT ATTORNEY
Telephone: 979 826-7718 w
Fax: 979-826-7722
SUBJECT: - LASKER, DOMINIGUE 22867-289
COMMENTS: Attached is the Prosecutor's certification and the IAD farm VI
evidence of agenfs authority. I will need the originals before
we CQuld make arrangements for pick up. If you have any
questions please give me a call.
PAGES ([neluding Cover Sheet) 4
I~ EXHIBlT
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7. S1qnature and Title of
___________proaecutor
sl~.g~n~a~t:u~r:e-:O~f~~;:;~.~~7:--~~========~-----====
subs cribe d and sworn b efore (Date): ===============================__________
~~~~~~~~~~~~~~~~~~~~~----~~~~~~~~
a. __ Notary PUb11:C
O~rt~·9~1~n-a-l---------------·
- J,C File, C
opy _ Central File I
This form replaces B~-SS65 d td ftB 94)
Date :
is confined in (Institution and addres:J)
Inmate (Name and Register No.)
_ - - - - - - - - - :£0 r
,st.ate ot
and willto bQthe
re,"rn County
t.ken intoofcustody at .aid Ins gents to
s s'lqnacure) (l\qent's S'l.qnat:.ure)
Da.t.ed Prosecut'109 Official's Signature
(
SENDER: CCMPLETE THIS SECTION
• Complete Items 1, 2, and 3. Also complet&.'
Item 4 If Restrtcted CeUvery Is desired.'
• Print your nama and address on the reverse
so that we can retum the card to you~ B. Received by ( PrInted Nsme)~ C. Dale of Delivery
• Attach this card to the back of the mallplsc9,
or on the front If space perm~,.
D; Is delivery address dlftarent from Item 11' Yes
; If YES, enter dellveryaddreas below::,' 0 No:--'
, SeMca lYPe-:;, :' ' ,
l!J"&tinid Mall';-Cl ExPress Malf'<- .- ,: ,- -' '
0: RegIstatect.,c,,::,: ,0 Ratum Receipt for Merchandise.
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2. ArtICI.NWn~~·{~ :'~: ~'---:
(TransfWfrom'SatvIce I~'-," 7002',' 315m DomE 3033"716.1,
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EXHIBIT
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UNITEDSAN
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STATES POSTAL ERVIC~
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• Sender: Please print your narnEt, addres8'; and rH!!!4=1~rts1lm:'-t
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CRIMINAL DISTRICT ATTORNE ·ct..
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c===_(_·_______T_r_a_n_s_m__is_s_io_n__R_e_p_o_r_tt_.__________~
Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name 2
This document: Confirmed
(reduced sa mple and details below)
Do(ument size: 8.5"xl1"
Elton R. Mathis (m)~T718
(979) 1!2&-T722 Fill(
Criminal Dillrid Attorney
Vo.IiIIer County
~nuary 2, 201l
Wlrd~n
Unit~d Statel Penitentiary
Victorville FCC,
P.O. 80. 3900
Ad~lanto, Califomia 92301
In A~: Inmat~ DOMINIGUE DONrAf LASKER, 22867-289
Requesl for Temporlry Custody (lA.D Form V)
OurWlrden,
P~a .. find our county's request for t.rn pcrary cunody so lkat INNt!! Oominqu!! Donue ~s.lcer may
stand trial for ~pital Murde. In Waller County, relOs.
I have alUctoed OI!rtltled COpiH 01 the indictments and warranrs In this mltter. The~ I~ no finre.prlnts
or photosraplu I»uuse the Del~ndlnt rtN! allr JurIsdiction before a.rest. He wa.5 however interviewed
by Texas Ran&en ther~ in Galifomy.
/I there is anythlns mar. that Is ~eded Ie facilitate this temporlry transfer, p'ea~ let me know.
~~~~ First Assistant Olstrict Attomey
Waller CountV, T~os
Total Pages Confirmed: 8
Remote Station Start Time Duration
7605305750 04:04:15 p.m. 01-09-2013 00:01:41
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
H R: Host receive PR: Polled remote CP: Completed T5: Terminated by system G3: Group3 . )
WS: Waiting send M5: Mailbox save FA: Fall RP: Report EC: Error Correct
.( -- :--
"
( (
COpy
645 12th Street
Hempstead, lexas 77445 Elton R. Mathis (979) 826-7718
(979) 826-7722 Fa)(
Criminal District Attorney
VValler County
January 2, 2013
Warden
United States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, California 92301
In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden,
Please find -our county's request for temporary custody so that Inmate Dominque Dontae Lasker may
stand trial for Capital Murder in Waller County, Texas.
I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints
or photographs because the Defendant fled our jurisdiction before arrest. H~ was however interviewed
by Texas Rangers there in California.
If there is anything more that is needed to facilitate this temporary transfer, please let me know.
First Assistant District Attorney
Waller County, Texas
RECORDS PAGE El2/El3
"09/05/2El12 ElB: 35
BP-SS68.051 rome V - REQUEST
LAD FOR TEMPORARY CUSTODY CCFRM M.lLlLt.O FEB 94
U.S. DEP~T or JUSTICE FEDERAL BUREAU OF PRISONS
4
Six copie~. siqned copie. mUlt be ~cnt. 1:0 the pd~oner and to the otficial who ha.t the p:r:i.!loner in
cu~tody. A copy ~hould be .!lent ~o ~he Aqreement Adminisl:ratcr of both the sending and th~ rQc.i~ing
,tate. Copie • • hould be. retained by the person tilinq the requ •• t and the judga who ~iqn.!l the reque3t.
Prior to tr~n3f.r under thi~ Aqreement, an InmAte may be afforded a judicial hearing (Cuyler) similar
to that provided und~r the Uniform Ext:adition ~ct, in Which the inmat~ may bring a limitmd chAllenge
to the rec~ivinq etate's requ •• t.
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre~s n :
UfV;tJ .s+", t,.s ?eIVII1!!NfIAr::J) ViC.Ton.v'd IE" r-,CC' j 7-0· Eo)(3t10~ A-De(Aq~})oSJ
please be i5dvised thet (Name of Inmate) ))OMINJqlAli ]jON/At: LAS k.~12.....12J(,r--2.'f.I, who
i y an inmate ot your inst:it:u~ion, is under [indic::ate appropriate]
indictment riAioRiatoion) (eoiuplfint) in the (Jurisdi etion)
':3 ,i \..J ~ Ilev- COL.Alvt y 1'1£>(145, of which I am the (Title of Prosecuting
Cot
Officer) DiSiVl,'c:.. f i'+ H ClJ'2.)V~ Said inmate i~
therein charged with ~he offens 9) enumerated below: 1- 13
Of'f'.n." (.) t? I II-
(f) C p. p ~-t 8.[ Ml.4v.De v- 1\ - 0 I - 13 =1030/ Ct:. fl if .. I Jkt.\v A-J't'l- LI -0 I - 13 -:;'01/- j§) ~t­
I propo~e to bring th11!1 perllon to trial on thl.l! [indicate appropriate) 1 nd ctment (lit. E Wi' j IjA'l
(e;ozttJndllt) within the time .specified in Article IV(c) of ~h8 Ag.reement.
In order thac proc8edinq~ in this matter may b. properly had, I hereby requ •• t tempor8ry cuatody of
~uch persona pursuant to Articl. lV(a) of thm AQreament on Oec4ine.rl!.
Attached herewith find in triplicatel
". Certified copiel!l of the complaint, information or ind.!.ctment
b. Certified copies of the warrant
c. Certified cop1QS of !inqerprlnt3, pho~oqraph3 or phy~ical description
I hereby aqree thst immedJ.at.ly after trial i3 compleced in thi5 jurisdiction, I will return tha prisoner
directly to you 0= allow any juriediction you hive dQsiqnat.d to ~ake tEmPcrary custody_ I aqrRQ 4l~o
to co l.te Form IX, The NoticR of Oi8 o.!licion of & Detainer, immediacel after trial.
Printed Name and Signatur Date
'= \ ~ON Q.. tv" pd\...i$ " -~ NoV JJo&> J 2012
Address: Ci tylState: --::;7 4lf. s: Telephone No. :
LP45' l'Qtz.....s+(-ld \-l.-e~p5-bE-C. I v{U-J.. . . . Y.D. Bo~ _~J.f()O
v~~~I'""dl~ C!...A
Inmate (Name and Register No.) is confined in (Institution and address)
J...4-"S\< r J VD M""''Ge. Do~e.. FC.c.. V \"c..korv'\\-e., c::.z,~f\~)C. - uS?
P.O. 'Bo~ "5'1{0 0
cQ~2>"-r- Zq~ Ad' 41'\ -fa C!-
Ann will be taken .i.uLu ",:usLOdy. at: said InsLitution on (date) for
return to the County of v../AJ..klER.. of , State
(eklt S -----'~c~.;.;;.;~=-:....::::..--------f-o-r-t-r-i-a-l-.--r-n a ccorda n ce
with Article V(b), of said Agreement, I have designated:
Department Represented
~:;?6 Ify/UW ;;;Nssd:
whose signatures appear below as Agents to return the prisoner.
(Agent's Signature) (Agent's Signature)
Dated prosecuti~cial's Signature
~~t-A-- ~ ~.17-.
f
&...... .. ~
... (
a. Title - v/6~" t?o. P.Il· d. City/State - I-?,....,s ~ ~ rf. ,-r'-ft
b. County - ~~/kr e. Telephone No -
c. Address - ~JfS» I'll( slr~+- q,q 8 z.~ - 1''11 P:>
EvidenC8 Q~ ~gent/s Authority Continu.d
,
To: (Warden-Superintendent-Director)
h'i ctk.- -r. \'ll! CO 'c.,\..\.l (
<: .
In accordance with the above &epresentatioos and the prov~s~onB of the Aqreement
on Detainers, thG persons listed above are hereby deaignated as ~gents for the
State of :C:€)(.A- S to return
(Inn;ate's Name ::9..
~gist.er No.) AArS~R, •. l)Cryt:f~vc# Do",rerf"
~B Ie 7- qi'1l:J 1:0 the COlltlty o~ h-/81"t.,e& ' state of
~~~ S , for trial.
At the c~m'pletion o~the trial I Enrnate) I-Itsg/(,. Po('lf\;&'J-Ir'q'LJcF p6;.1719c
c2bl ~~- cfl9'!Z. shall be returned to the (ll'lBti tutioll and
Address) :
r a..c. V," c. .ftv II ../ Ie. Co f'A., j.,)If - t.J $ P
p. f) . 13z,)( ~1'r; 0
A./~/~IoJ C~ 9~30/
Oated
a. Name-\t
~ddress ~'
C)
n.~l C\Cl
c. City/State
ct. Telephone No.
\-\ ~n\-S~\ \ \E?,\6tS 'l11Il
b.
POE" ~ D
'.
r..;u ~rescribed by pSa75
C\&.o-\.\6l)- ~4'G--\
2
sa~OO3C1
99L9BES139L
t:>[3/l'B 39\;1d
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II
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Cause No. \\-cJ 1-) :/103
STATE OF TEXAS
) I-~ /- I .~ 704- IN THE DISTRICT COURT
fl--J)I-/~'70S
v. § WALLER COUNTY, TEXAS
t;t.rn i f\'1 ¥ e-I:t')vizu-> /,.oi,kec §
§ 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
1. 9:00 a.m. ARRAIGNMENT
2. ·-i1):OO a.m. MOTIONS & PLEAS
/,'30 All parties and Counsel shall be present and prepared to discuss all issues allowed
under C.C.P., Art. 28.01.
3. ,4- I J-- /i 'I ~ HEARINGS & BENCH TRIALS
fj:DO £/5 A-um 1-10-11 I~;J~
4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed; ~be considered wl.Jved.
5. l(hOO a.m. PRETRIAL HEARING
q;oo Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant
will announce whether the case will plead or if a trial is required, and whether trial
is to the Court or to ajury.
At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURY TRIAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY.
Dated: _ _ - -'-1_,- .:.2.L. .~_1±-f-'_ _ _ _, replacing prior Scheduling Orders.
Defendant's Signature Counsel for State
ALBERT M. McCAIG, JR., Judge Presiding
Copies: White--Clerk YelIow--State Pink--Defendant Gold--Defendant's Attorney 13'1
~-
CAUSE NO. 11-01-13705 ~ ~ >.
THE STATE OF TEXAS § IN THE DISTRICT
0-
~OUR~,':OF-=~ __ I
r.,
,n.J.,.-. -'),
§ r:; ~:-~::
VS. § WALLER COUNTY. T E XA S _~,.
§ - v " :....:
-< ' \
DOMINIQUE DONTAE LASKER § 506TH JUDIC ,-
.-
,
DEFENDANT'S FIRST MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorney, Frank Blazek, and submits this his First Motion for Continuance, and would show the
Court the following:
1. This cause is set for Motions and Pleas on January 22,2014.
2. Defense Counsel, Frank Blazek, is scheduled for trial beginning January 21, 2014,
in Cause No. 25,790 - The State of Texas v. Plato August Splawn, Jr., in the 12th Judicial District
Court of Walker County, Texas. The case is first on the docket. The charge is attempted capital
murder and it is anticipated that the trial will continue through the end of the week and possibly
into the next week.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court
grant a continuance to Friday, February 7, 2014, at 1 :30 p.m.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.e.
1414 11 th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 2~94-m9784 [TelecopierJ
By·
·-Fr-a-7i"('-B4<'l'-a-ze~k~-+-----
State Bar No. 02475500
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1
C:\FB\CRIM.K-O\Lasker.DD,8 I 075\1 1-0 I-I 3705\Continue,00 I ,wpd
/35
(
William F. Carter
State Bar No. 03932800
108 E. William 1. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2
C:\FB\CRlM_K-O\Lasker.DD.81 075\11-0 1-13705\Continue.00 l.wpd
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF WALKER §
BEFORE ME, the undersigned Notary Public, on this day personally appeared FRANK
BLAZEK, who, being by me duly sworn on oath deposed and said that he is the Attorney for
Defendant in the above entitled and numbered cause; that he has read the Motion for
Continuance; and that the facts stated therein are true.
FRANK BLAZEK
SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of January, 2014, to
certify which witness my hand and official seal.
1YtQ.A).JA~N-< ~ ~
Notary Public, State of Texas
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3
C:\FB\CRIM_K-O\Lasker.DD.81075\II-OI.13705\Continue.OOl.wpd
/3?
(
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing De~antls
First Motion for Continuance has been forwarded to opposing counsel on this the ll!?!.
ay of
January, 2014, by facsimile to 1-979-826-7722, addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4
C:\FB\CRlMJC·Q\Lasker.DD.81 075\11-0 I-I 3705\Continue.00 I.wpd
(
CAUSE NO. 11·01·13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. . § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the dUf
day of January, 2014, came on to be
considered the above and foregoing Motion for Continuance. After consideration of the same,
it is the opinion of the Court that Defendant's Motion be:
2014, at
w: QRANTED, and the present cause is hereby continued until
!/bU.p-.m.(
~6r:z~~ '1
() DENIED, to which ruling the Defendant excepts.
SIGNED: ~ J--f/?off
C:\FB\CRIM_K-O\Lasker.DD.B 1075\11-0 1-13705\Continue.001.wpd
CAUSE NO. 11-01-13705 r-.,;,
== :,"; :;
..r::-
THE STATE OF TEXAS § IN THE DISTRICT c:; OUR~F i::;(~
§ rr, co _--J-;
-0 - '-';;::;-"t")
VS. § WALLER COUNT£;. T E:x::A S -2G,'::::
":;--if
§ -< C:J:'; ':"") !2!
DOMINIQUE DONTAE LASKER § 506TH JUDIC~ISTifrC~~t;] '--.)
MOTION TO SUPPRESS CONFESSION ~ if:: it'
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress
Confession, and for cause would show the following:
1. Defendant would show that the State intends to offer an alleged confession of the
Defendant; that said confession was taken without his attorney being present, in violation of the
Defendant's right to have his attorney present to consult with under Article I, Section 10 of the
Constitution of the State of Texas and the 6th Amendment of the United States Constitution;
that said confession was taken involuntarily from the Defendant in response to threats, in
violation of his right to remain silent as protected by Article I, Section 10 of the Constitution
of the State of Texas and the 5th Amendment of the United States Constitution; that said
confession was taken in violation of his right to due process as protected by the 5th and 6th
Amendments of the United States Constitution and the 14th Amendment thereto; and that said
confession was taken in violation of his right to due course of law as established by Article I,
Section 19 of the Texas Constitution. Admission of said confession would be in violation of
Article 38.22 and Article 38.23, Code of Criminal Procedure.
2. Defendant's purported confession is not audible on the tape. The jury would be
required to speculate as to the statement actually made by the Defendant. The tape does
contain many statements made by law enforcement that characterize the evidence developed in
the investigation and relate their account of what statement they purport the Defendant has
MOTION TO SUPPRESS CONFESSION PAGE 1
C:\FB\CRIM_K-O\Lasker.DD.B1 075\11-0 1-13705\Suppress.001.wpd
(
made. Such statements by law enforcement on the recording constitute a speaking offense
report and are inadmissible hearsay. To the extent that they are a statement of what they
contend the Defendant told them, they constitute a violation of Code of Criminal Procedure
Art. 38.22, which requires that Defendant's statement be recorded, not the officers' verbal
account thereof.
3. Defendant is entitled to a hearing on this matter wherein the State should be
required to prove beyond a reasonable doubt that any confession which the State intends to
offer was lawfully obtained and that the Defendant's rights under the Constitutions and the laws
of the State of Texas and the United States were fully protected. Defendant is entitled to such
hearing outside the presence of the jury and prior to the trial on this matter.
WHEREFORE, PREMISES CONSIDERED, the Defendant would urge this Court to set
this hearing prior to trial and that, at the conclusion of that hearing, any confession or statement
by the Defendant, whether written, oral, or otherwise, and the recorded statements by peace
officers during the interview wherein the officers recount evidence against the Defendant and
state their version of what the Defendant has told them proffered by the State be suppressed
and the State be ordered not to refer to, or introduce, any such confessions or statements by the
Defendant in the presence of the jury.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By J2tf'YJ
,
Frank Blazek
State Bar No. 02475500
MOTION TO SUPPRESS CONFESSION PAGE 2
C:\FB\CRIM_K·O\Lasker.DD.Bl 075\II·OI·13705\Suppress.001.wpd
It{ {
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion to
Suppress Confession has been forwarded to opposing counsel on this the 7th day of February,
2014, by facsimile to 1-979-826-7722 and addressed as follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO SUPPRESS CONFESSION PAGE 3
C:\FB\CRIM)<·OlLasker.DD.81 075\11-0 I-I 3705\Suppress.00 I.wpd
(
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the _ _ day of _ _ _ _ _ _ , 2014, came on to
be considered the above and foregoing Motion to Suppress Confession. After consideration of
the same, it is the opinion of the Court that Defendant's Motion be:
() GRANTED.
() DENIED, to which ruling the Defendant excepts.
SIGNED:
JUDGE PRESIDING
C:\FB\CRIM_\(·OlLasker.DD.81 075\1 1-0 I-I 3705\Suppress.00 I.wpd
/Lf3
(
th
506 Judicial DiStrict Court
Albert M. McCaig, Jr., Judge
Court Coordinator
www.CourtS06.com Susie Schubert
Court Reporter
Robyn S. Wiley
Grimes County
April 4, 2014 Waller County
836 Austin Street, Suite 307
Hempstead, Texas 77445
Fax: 979.826.9149
Ofe: 979.921.0921
Notice of Preferential Trial Setting
Waller County
Frank Blazek
Attorney at Law
1414 11 th Street
Huntsville, Texas 77340
William Carter
Attorney at Law
108 E. Wm. J. Bryan
Bryan, Texas 77803
Honorable Elton Mathis
Criminal District Attorney
Waller County, Texas
645 12th Street
Hempstead, Texas 77445
Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705
State of Texas vs Dominique Dontae Lasker
506 th Judicial District Court of Waller County, Texas
Motions: October 6, 2014 at 9:00 a.m.
Jury Trial Setting: March 30, 2015 at 9:00 a.m.
The referenced matter has been preferentially set as stated above. Please see the Rules of the
Second Administrative Judicial Regi on of Texas for further explanation ofpreferentially set matters.
Please contact the Court Coordinator for a continuance or request for resetting the matter. Unless
prior approval for a continuance or reset of a preferentially set matter is obtained from the Court the
matter will be called as stated.
~uu~M~
SUSIE SCHUBERT
Court Coordinator
c: District Clerk
Cause No. 1\-0 \- 1'~1D:)
STATE OF TEXAS Il-~I- 13'70+ IN THE DISTRICT COURT
ll-{)I - 1=)'705
v. § WALLER COUNTY, TEXAS
§
~q::\kff(.~ LCL'i>ter § 506TH JUDICIAL DISTRICT
SCHEDULING ORDER - CRIMINAL
Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and
pursuant to Article 28.0] of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby
Ordered set as follows:
I. 1:30 p.m. ARRAIGNMENT
2. 9:00 a.m. MOTIONS & PLEAS
All parties and Counsel shall be present and prepared to discuss all issues allowed
under c.c.P., Art. 28.01.
3. HEARINGS & BENCH TRIALS
4. On or before lO-days before Pretrial Hearing Date all C.C.P., Art. 28.01 maUers must be filed or will be considered waived.
5. 9:00 a.m. PRETRIAL HEARING
Pretrial hearing date is also the Plea Bargain Cutoff dale. Stale and Defendanl
will announce whether the case will plead or if a trial is required., and whether trial
is to the Court or to ajury.
At the Pretrial hearing a/l motions and other maners not previously ruled on will be heard. All parties must tile and serve on opposing counsel Ihe
following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. further, all counsel shall advise the Court
of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.
6. 9:00 a.m. JURYTRlAL
Final trial date & time will be set immediately after the Pretrial hearing.
Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives
formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY.
Dated: _ _4_· _~_~_----,-J_±~____,replacing prior Scheduling Orders.
frtuAvl1blttd
Defendant's Signature Counsel for Defend~t Counsel for State
D i-ll/~ 0U ta
ALBERT M. McCAIG, JR., Judge Presidi~g
£t-
Copies: White--Clerk YelJow--Slale Pink--Defendant Gold--Defendant's Attorney
(
97?-826-772{2 Waller County DA 04-08-2014 1/3
GAUSE NO. 11-01-13703
CAUSE NO. 11-01-13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTlUCT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAB LASKER § 506TH JUDICIAL DISTRICT
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS
TO THE HONORABLE JUDGE OF SAID COURT;
Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of
record, with the consent and approval of the state of Texas. and submits this his Agreed Motion
for Transcription of Pretrial Hearings and for cause would show the Court the follOwing:
1. Defendant intends to apply for a 'writ of mandamus with the appellate courts of
Texas seeking dismissal of this caUse in accordance with the Interstate Agreement on Detainers.
The Court's denial of that motion is based on the events and stipulations mat occurred at
various pretrial hearings. Any application for such a writ -will require that those hearings be
transcribed.
2. Undersigned counsel certifies that he has consulted with Assistant District
Attorney Fred Edwards and the State agrees that these hearing be transcribed.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and
defense counsel.
AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEAlUNGS PAGEl
em T......np..,ft .r""",.. n_n"."!'d
C;1lI1.' (1- .<' ,I... {U<,l.h{;J ~i': \ C',";' .r.t U_( .. -:" I.. ••,t•. / . us
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
AGREED MOTION FOR TRANSCRlPTION OF PRETRIAL HEARINGS PAGE 2
C:"'N"Slure\f1l\Cn.IM... Ka~Ik.c•. DD_'tD75\II·OI·l)701 C).M~Ucnllo, Tr&R1mr\lrm fI( I'n:trl.1 Ht'&Iln{l ....._4
jlj-OlO-II~' vvaller lounry UA 1':22:48a,m, 04-08-2014 3/3
CAUSE NO. 11·01·13703
CAUSE NO. 11·01·13704
CAUSE NO. 11·01·13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X AS
§
DOMINIQUE DONTAE LAS'ICER § 506TH JUDICIAL DISTRICT
ORDER
./
BE IT REMEMBERED, tl1at on the 0)~ day of---ll::.d::..,rt,;.,»,:,..·'--l..(___ , 2014, came on to
be considered the above and foregoing Agreed Motion for Transcription of Pretrial Hearings.
~ft~~nSideration of the same, it is the opinion of t~e Court that Defendant's Motio~ be:
cf 90 GRANTED, and the Court Reporter IS hereby ORDERED to transcnbe the
pretrial hearings held herein and provide copies to the State and defense counsel.
() DENIED, to which ruling the Defendant excepts.
jI d
SIGNED: tf1~ I' cl ,2014.
I
.. /
_____ " Elton Mathis ;J;:::J-l.. i5J t,JCV1.P)
/4s, f Criminal District Altorney
Waller County, Texas
By: _ _ _ _ _ _ _ _ _ __
C:\N /.:..~:~.~:~!
\ ,r ',_, '.'
THE STATE OF TEXAS § IN THE DISTRICT C~T OF ~~. -: /::}..
§ -/~ 0\
.? .
vs. § WALLER COUNTY, T E S ';/~" "'X.tt
§ \ .II'
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
MOTION TO DISMISS FOR VIOLATION
OF THE INTERSTATE AGREEMENT ON DETAINERS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his
attorneys of record, and submits this his Motion to Dismiss for Violation of the Interstate
Agreement on Detainers and for cause would show the Court the following:
I. On February II, 2014, a hearing was held in this Court concerning Defendant's
First Amended Motion to Dismiss. In that motion Defendant argued that the State had violated
the 180-day rule of the Interstate Agreement on Detainers (IADA). That rule requires the State
commence the trial of the charge within 180 days of receiving a request for speedy disposition
of a detainer. Tex. Code of Criminal Procedure Art. 51.14, Art. III (a). At the February hearing,
the State argued that the two requests for speedy disposition made by Defendant were deficient
and that the 180-day rule did not apply, but that the 120-day rule of Art. IV (c) of the IADA
applied. This motion is intended to make clear that, assuming arguendo that the 120-day rule
applied, Defendant is still entitled to a dismissal under the lADA.
2. At the February hearing the following facts were established by stipulation, by
clear documentation in the Cour:t's file or the transcription of notes from the pretrial hearings:
a. Defendant was indicted in this cause on January 27, 20 II.
MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE I
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( (
b. Defendant was sentenced to federal prison on December 16, 2011, on an
unrelated charge.
c. While in the federal prison and with a detainer lodged against him for this offense
Defendant filed a 'first request for speedy disposition which was received by the
Court on July 16, 2012, and the District Attorney on July 19, 2012.
d. While in the federal prison and with a detainer lodged against him for this offense
Defendant filed a second request for speedy disposition which was received by the
Court and the District Attorney on February 8,2013. The second request was
mailed by certified mail.
e. The State of Texas acquired Defendant's presence in Waller County on May 24,
2013.
f. On June 4,2013, Defendant appeared in Court and was appointed counsel after
his indigency was determined. The Defendant informed the Court that he had
motions on file and wanted them to be heard. The Court informed him they
were not scheduled to be heard at that time and that he needed to consult with
his attorney before proceeding.
g. The next court date was September 9,2014. At that hearing Defendant invoked
his rights to a speedy trial under the IADA. On that day the Court granted the
State's motion for continuance based on the delay in getting the Defendant from
the federal authorities, the seriousness of the charge, the availability of providing
adequate and competent counsel and the complexity of the case.
MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 2
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15/
(
3. If either of Defendant's requests for speedy disposition is deemed sufficient, then
the 180-day rule applies and Defendant is entitled to a dismissal because the 180 days lapsed
before the continuance was granted.
4. Assuming arguendo that both requests are deficient, then the 120-day rule applies.
Defendant is still entitled to a dismissal because the continuance was not granted for good cause.
A trial did not commence within 120 days of his arrival.
5. Defendant believes it was necessary to file this motion because, although the 120-
day rule was invoked on September 9, 2013, Counsel for Defendant only invoked the 180-day
rule at the February 11, 2014 hearing. Counsel did not want to waive any right to a dismissal
for violation of the 120-day rule should it be determined that 180-day rule was not applicable.
6. Defendant believes that it is appropriate for the Court to rule on this motion by
submission. The relevant facts are clearly developed in the record and the prior court hearings
have been transcribed for review.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order
the indictment herein be dismissed with prejudice.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By 2/11
Frank Blazek
State Bar No. 02475500
MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 3
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15;2.
( (
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
Certificate of Service
I do hereby certify that a true and correct copy of the above and foregoing Motion to
Dismiss for Violation of!h:e Interstate Agreement on Detainers has been forwarded to opposing
counsel on this the 1L-
~ay of July, 2014, by U.S. Mail, postage prepaid, and addressed as
follows:
Elton R. Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek
MOTION TO DISMISS FOR VIOIATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 4
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153
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, TEXAS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED, that on the / <{t,day Of_--=-~_-T-_ _ _ ' 2014, came on to
be considered the above and foregoing Motion to Dismiss for Violation of the Interstate
Agreement on Detainers. After consideration of the same, it is the opinion of the Court that
Defendant's Motion be:
( ) GRANTED, and the indictment is hereby dismissed with prejudice.
(gV0 DENIED, to which ruling the Defendant excepts.
SIGNED: -----""'~--=-----f----'-/S_"_____ _ , 2014.
CINetShare\FB\CRJM_ K-O\Lasker.DD.B 1075\11-0 I-I 3705\J'vlotion to Dismiss for Violation of lADA.wpd
/5<;
Attorney Fee Voucher
4. Proceedings
~
urisdiCtiOn 2. County 3. Cause Number Offense
CLfiJ~U~ (VUA){tU'(
, District OCounty • DTrial-Jury DTriaI-Court
l~ 11,-01- ij'103
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Court # S-Db-II<- · DOther _ _ _ _ __
5. In the case of:
State of Texas v
6. Case Level
J2l. Felony I 0 Felony II 0 Felony III 0 Felony SJ 0 Misdemeanor 0 Juvenile 0 Appeal ~ Capital Case
o Revocation - Felony D Revocation - Misdemeanor ONo Charges Filed 0 Other _ _ _ _ _ _ _ _ _ _ _ _ __
7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone
frcL'\L~ blct~
Applicable)
Smither, Martin, Henderson & Blazek, P.e. :;LCZS" ~#
S. State Bar Number Sa. Tax ID Number 1414 11th Street 11. Fax
Huntsville, Texas 77340
/
12. Flat Fee - Court Appointed Services 12a. Total Flat Fee
$
13. r=In:::Cf'-0.;;;.;u:",rt-'-7Se.:;:~ryi,c:#f=·~Ies~-r-:-~:--_ _ _ _ _-+-=.H:;:oc::ur:..::s-=-""""?":_ _ _ _-;....:D:::..:a=te::..::s'--_ _ _ _ _---I 13a Total In Court
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[T~l>=!::7.1~.f...-==-"~:.!:....ld.1,-J....~.L..-_ _ _ _t--_...f..;ff.
+---J.f)-L'- - - - - I I - - - - - - - - - - l Compensation.
d..1; ~{)n
14. Out of Court Services Hours Dates 14a. Total Out of Court
GIl I Compensation.
I
To~1
VJ' l.
hours
, i---------li------------i $ iq~ D.O UO
15. Investie:ator Amount ISa. Total Investigator
1 - - - - - - - - - - - - - - - - - - - - - - - - - - ; - - - - - - - - - - - 1 Expenses
$
16. Expert Witness Amount 16a. Total Expert Witness
I - - - - - - - - - - - - - - - - - - - - - - - - - - f - - - - - - - - - - l Expenses
$
17. Other Litigation Expenses Amount 17a. Total Other Litigation
r~~-'~{J~{~J~V~I~n)'-/~*{~~/~.~t,~/~'----------------------_r------------~ :x~~~,~s:
IS. Time Period of service Rendered: From ~ ( <.0 ( (,-3
Date
19. Additional Comments 20. Total Compensation
~d Expenses Claimed
't' ~/Lf1 S~ i.
y, cert,ify that the above information is true and correct and in accordance with the laws of the
21. Attorney Certification - I, the undersigned attomije
State of Texas. The compensation and expenses ed ' n rear e c1;
b~e~essary to provide effective assistance of counsel.
DFinal Payment fiJPartial Payment
,/' I)
r ~
'/- I «~ L( (
I' Signature \I Date .
22SIG~ii/M~
)
Reason(s) for Denial or Variation /
Adopted 10/23/02 - Task Force on IndIgent Defense
1_,.,
CAPITAL GRAPHICS INC, 1-800-769-2030
•. ...,. "I\V'"
AT I0 ~c;::;. O'CIoek B M
(. 'TlUCIA JAMES SPADACHENB
WALLER COUNTY,TDAS
BY 1 P
DEPtri'Y
No. 11-01-13703, No. 11-01-13704 and No. 11-01-13705 - The State of Texas v. Dominique
Dontae Lasker; In the 506th Judicial District Court of Waller County, Texas
Date Description Time
In-Court:
9-9-13 Court appearance (motions) 4.00 hrs.
11-4-13 Court appearance (motions) 4.00 hrs.
2-11-14 Court appearance (motions) 4.00 hrs.
Total In-
Court 12.00 hrs.
Out-of-
Court:
6-6-13 Telephone conference with Judge McCaig .25 hr.
6-9-13 Review internet accounts; visit client in jail 5.00 hrs.
6-10-13 Telephone conference with potential co-counsel .25 hr.
6-11-13 Telephone call to DA (left message); search internet for
information regarding client 1.00 hrs.
6-13-13 Telephone conference with DA .50 hr.
7-11-13 Telephone conference with potential co-counsel .50 hr.
7-12-13 Motion for AppOintment of Attorney as Co-Counsel in
each case; Waiver of Arraignment and Entry of Plea of
Not Guilty in each case 1.50 hr.
7-15-13 Telephone conference with client's wife; telephone
conference with client's California attorney .70 hr.
7-23-13 Call to jail for booking information .30 hr.
8-27-13 Telephone conference with ADA Edwards .25 hr.
8-28-13 Telephone conferences (2) with DA; telephone
conference with co-counsel; visit client; visit with DA
and ADA Edwards; letter from client 8.00 hrs.
C:\NerShare\FBICRlM_ K-OlLasker.DD.S 107 5lStatement.00 l."'pd
/51.#
Date Description
8-30-13 Telephone conference with client's wife; receive and
review State's Motion for Continuance; State's Motion
for Competency Evaluation; State's Motion for
Discovery of Expert Witnesses and State's Notice of
Intention to Seek the Death Penalty 2.00 hrs.
9-3-13 Telephone conference with client's wife .3 hr.
9-4-13 Visit Clerk and obtain copies from file; telephone
conferences (2) with DA; visit client at jail; telephone
conference with client's wife 8.00 hrs.
9-6-13 Motion for Disclosure of Favorable Evidence; Motion
to Dismiss 2.00 hrs.
9-11-13 Letter from client .25 hr.
9-24-13 Work on IADA time line 3.00 hrs.
9-25-13 Telephone conference with District Clerk's office;
telephone conference with DA; telephone conference
with co-counsel; visit client in jail; pick up copies of
documents from District Clerk; receive and review
discovery 8.00 hrs.
10-4-13 Letter from client .25 hr.
10-8-13 Review confession (audio) ofJanuary 12,2011 2.00 hrs.
10-9-13 Continue listening to audio of confession; letter to co-
counsel 2.00 hrs.
10-10-13 Telephone conference with Craig Davis; telephone
conference with Brody of Federal Bureau of Prisons;
letter to Federal Bureau of Prisons 1.5 hrs .
10-16-13 Letter from client . 25 hr.
10-23 -13 Telephone conference with client's wife .25 hr.
10-28-13 Telephone conference with co-counsel .25 hr.
10-29-13 First Amended Motion to Dismiss in each case 1.50 hr.
10-30-13 Telephone conference. with potential investigator;
telephone call to co-counsel's office .30 hr.
11-1-13 Meet with client and co-counsel at jail 4.00 hrs.
C:\NetShar<\FB\CRlM_K-O\Lasker.DD.S I 07 5\Statement.00 I .\\l'd
/57
Date Description Time
11-4-13 Telephone conference with potential expert .25 hr.
11-6-13 Letter to DA (w/proposed stipulations) l.00 hr.
11-7-13 Telephone conference with potential expert; exchange
emails with DA; Ex parte motions for funding for
experts l.00 hr.
11-11-13 Telephone conference with potential investigator .30 hr.
11-12-13 Letter from client .25 hr.
11-13-13 Letter to client; letter to DA (with additional proposed l.00 hr.
stipulation)
11-14-13 Telephone conference with potential investigator;
telephone conference with co-counsel .50 hr.
11-17-13 Ex parte motion for funding for expert assistance .25 hr.
11-18-13 Telephone conference with co-counsel .25 hr.
11-19-13 Telephone conference with ADA Edwards .25 hr.
12-4-13 Telephone conference with potential investigator; email
to co-counsel; telephone conference with ADA
Edwards; telephone conference with co-counsel l.00 hr.
12-16-13 Telephone call to ADA Edwards; left detailed message N/C
12-17-13 Telephone call to ADA Edwards; left voice mail N/C
12-31-13 Letter to DA .25 hr.
1-17-14 Defendant's First Motion for Continuance (of Motions .50 hr.
and Pleas setting) in each case
1-22-14 Letter from client .25 hr.
1-29-14 Letter to client .25 hr.
1-31-14 Telephone conference with client's wife .25 hr.
2-3-14 Telephone conference with co-counsel; telephone
conference with client's wife; telephone conference with
expert 1.00 hr.
2-4-14 Telephone conference with ADA Edwards; telephone
message to client's wife re: hearing schedule .30 hr.
C:\NetShar<\fBICRlM_ K·Ollasker.DD.S I 07 5'Statement.OO I .\\'pd
1!38
(
Date Description Time
2-7 -14 Motion to Suppress Confession in each case 1.00 hr.
2-10-14 Listen to audio statement; receive and review State's
Response to Defendant's Motion to Dismiss 5.00 hrs.
2-14-14 Letter from client .25 hr.
2-18-14 Letter to client .25 hr.
3-4-14 Telephone call to ADA Edwards, left message N/C
3-10-14 Letter from client .25 hr.
3-11-14 Letter to client .25 hr.
3-12-14 Telephone conference with ADA Edwards .25 hr.
3-18-14 Prepare Agreed Motion for Transcription of Pretrial
Hearings; instructions to staff 1.00 hr.
3-19-14 Telephone conference with client's wife .25 hr.
3-27-14 Telephone conference with expert .25 hr.
3-31-14 Telephone conference with ADA Edwards .25 hr.
5-9-14 Telephone conference with e.,'{pert .25 hr.
5-27-14 Telephone conference with client's wife; telephone call
and email to court coordinator .40 hr.
6-12-14 Telephone exchange client's wife .25 hr.
7-1-14 Telephone call to Attorney Victor Amador .25 hr.
7-3-14 Research re: Mandamus; drafting motion 4.00 hrs.
7-7-14 Research re: Mandamus; drafting motion 4.00 hrs.
7-8-14 Research re: Mandamus; drafting motion 4.00 hrs.
7-10-14 Work. on new Motion to Dismiss; telephone call to co-
counsel 4.00 hrs.
7-11-14 Telephone call to co-counsel; telephone conference with
ADA Edwards; finalize Motion to Dismiss for Violation
of the Interstate Agreement on Detainers in each case;
letter to Judge McCaig 2.00 hrs.
C:INetShareiFB\CRlM_ K-O\Lasker.DD.S 107 )\Statement. 00 1'\\l'd
151
Description
Total Out-of-
Court 91.10 hrs.
Expenses:
Date Description Amount
6-9-13 Mileage expense (160 mi. @ $0.565/mi.) $ 90.40
7-12-13 Postage 6.80
7-31-13 Photocopies for the month of July, 2013 (61 @ $0.20
ea.) 12.20
8-28-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40
9-4-13 Mileage expense (160 mi. @ $0.5 65/mi.) 90.40
9-10-13 Postage 1.92
9-25-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40
9-30-13 Photocopies for the month of September, 2013 (167
@ $0.20 ea.) 33.40
10-3-13 Postage 1.12
10-9-13 Postage 2.84
10-29-13 Postage 4.56
11-1-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40
11-4-13 Postage 4.42
11-4-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40
11-6-13 Postage 2.64
11-7-13 Postage 3.10
11-8-13 Postage 4.10
11-13-13 Postage 2.38
C:\N'tShare\FB\CRlMJ(·O\Lasker.DD.S 1075iStatemem. 00 I. "'I'd
11-30-13 Photocopies for the month of November, 2013 (253
@ $0.20 ea.) 50.60
12-31-13 Photocopies for the month of December, 2013 (40 @
$0.20 ea.) 8.00
12-31-13 Postage 2.64
1-13-14 Postage 1.58
1-17-14 Postage 4.96
1-20-14 Postage 2.38
2-7-14 Postage 4.83
2-11-14 Mileage expense (160 mi. @ $0.56/mi.) 89.60
2-11-14 Postage .69
2-28-14 Photocopies for the month of February, 2014 (253 @
$0.20 ea.) 50.60
7-11-14 Postage 16.79
Total
Expenses $854.55
C:\NetShare\FB\CRlM_K·OlLaskerDD.S 107 5'S,atement.00 l''''I'd
I~ I
CAUSE NO. 11-01-13705
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS. § WALLER COUNTY, T E X A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
NOTICE TO PREPARE REPORTER'S RECORD
TO: ROBYN WILEY, OFFICIAL COURT REPORTER OF SAID COURT:
Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and
numbered cause, by and through his attorneys of record, and makes this request, in writing, for
the Court Reporter to prepare an official Reporter's Record to be used for the Petition for Writ
of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14-
00630 styled In re Dominique Dontae Lasker A deSignation of the material requested is as
follows:
1. All pre-trial hearings in Cause No. 11-01-13705 including June 4, 2013;
September 9,2013; November 4,2013; and February 11,2014; and
2. All exhibits used, marked, offered, and/or admitted during any
proceeding of this cause;
Applicant has been determined to be indigent for purposes of this proceeding and the
cost of preparing the Reporter's Record, if any, will be paid by the Treasurer of Grimes County,
Texas. A copy of this request has been filed with the Clerk of said Court and another copy
~ ~-;::
-< :;:
served on the attorney for the State. c:;:) ,
.z:- ,0
C/) 1"1'1-
Respectfully submitted, !:ti :;0 ~
Cl
rTI I
C")
o(=)-
:::U"
SMITHER, MARTIN, ~ W c--1 r
HENDERSON & BLAZE~ P.c.:::- ~c->8
1414 11 th Street :J: :<::;;
:::u
Huntsville, Texas 77340 ',Ii- ~ 8
--1
A
(936) 295-2624 ! -.I U;
(936) 294-9784 [Telecopier]
NOTICE TO PREPARE REPORTER'S RECORD PAGE 1
C:\NotSharo\FB\CRIM_K-O\Lask -ina
6. IAD - Offer to Deliver Temporary Custody dated January 30,2013; :% :<~
..... ::;n
::- rr1=="
w ><
7. Order Appointing Counsel dated June 6, 2013; U1 ~
8. Defendant's First Amended Motion to Dismiss dated October 29, 2013;
9. State's Response to Defendant's Motion to Dismiss;
10. Order dated July 2,2014, although ruled on March 11,2014, denying Defendant's
Motion to Dismiss;
11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement on Detainers
filed July 14,2014;
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD PAGE 1
C:\NetShare\FB\CRlM_K-O\Lasker.DD.81075\Mandamus\Designation of Record II-OI-13705.wpd
12. Notice to Prepare Reporter's Record;
13. Designation of Items to be Included in the Record;
14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;
and
15. Docket Sheet.
Respectfully submitted,
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.c.
1414 11th Street210
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By -----=---7)_,
---'T------''---f---
Frank Blazek
State Bar No. 02475500
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregOing DesJf;ation
Items to Be Included in the Record has been forwarded to opposing counsel on this the ~ 4ay
of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:
Elton R Mathis
Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
Frank Blazek .
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD PAGE 2
C:\N449 U.S. 433, 442, 101 S. Ct. 703,
709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the
party states and the purpose of the IADA is to encourage the expeditious and
orderly disposition of outstanding charges and determination of the proper status of
any and all detainers based on untried indictments, infom1ations, or complaints."
5
Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this
purpose, the IADA pennits a state to tile a detainer against a defendant residing in
a prison in another state, gain temporary custody of the defendant, and prosecute
the defendant on the charge that forms the basis of the detainer. U.S. v. Mauro, 436
U.S. 340,351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).
The IADA also provides a mechanism for a person incarcerated in one
jurisdiction with charges pending against him in another jurisdiction to be tried on
the pending charges before being released from incarceration in the first
jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either
the defendant or the jurisdiction where charges are pending may demand that the
defendant be tried on the pending charges. ld. Arts.!, III, V.
Article II[
(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever during
the continuance of the tenn of imprisonment there is pending in any
other party state any untried indictment, infonnation, or complaint on
the basis of which a detainer has been lodged against the prisoner, he
shall be brought to trial wi thin 180 days after he shall have caused to
be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his
imprisonment and his request for a final disposition to be made of the
indictment, information or complaint. ..
The fAD also states that the prisoner's request in Article III (a):
Shall be accompanied by a certificate of the appropriate official
having custody of the prisoner, stating the tenn of commitment under
6
171
which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decision
of the state parole agency relating to the prisoner.
ARTICLE V.
(c) If the appropriate authority shall refuse or fail to accept temporary
custody of said person, or in the event that an action on the
indictment, information, or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article HI or Article IV hereof, the appropriate court of
the jurisdiction where the indictment, information, or complaint has
been pending shall enter an order dismissing the same with prejudice,
and any detainer based thereon shall cease to be of any force or effect.
To request final disposition under article III, the defendant must cause
"to be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his imprisonment
and his request for a final disposition to be made of the indictment." Id. art. IIl(a)
(emphasis added). The IADA provides that a defendant can perform this
requirement by sending the written notice and request for final disposition to the
official having custody of him, who would then forward it to the appropriate
prosecuting official and court by registered (certified mail, return receipt
requested). Id. art. IIICb). The Supreme Court has held that the 180-day provision
"does not commence untinhe prisoner's request for final disposition of the charges
against him has actually been delivered to the court and prosecuting officer of the
7
172
jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,
113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577,
580 (Tex.App.--Dallas 1998, no pet.).
The inmate bears the burden of demonstrating compliance with the
formal procedural requirements of Article III." Morganfield v. State, 919 S.W.2d
731,734 eCt. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430,
434 (1st eir. 1991); Bryant v. State, 819 S.W.2d 927,930-31 (Tex.App.--Houston
[14th Dist.] 1991, pet. refd).
The failure of another state to follow the lAD does not require
dismissal of the Texas [receiving state] charges." Bryant v. State, at 929. Delay
caused by holding jurisdiction tolled until the receiving State receives the
completed request form. Id. at 931.
In Bryant, the court found that when the holding jurisdiction failed to
send Bryant to Texas because of pending charges in other jurisdictions, that time
the defendant was unavailable to Texas should not be taxed against Texas because
Bryant was unavailable to her. At 931.
The denial of a defendant's motion to dismiss an indictment under the
IADA is a question of law reviewed de novo and the factual findings underlying
that decision are reviewed on a clearly erroneous standard. United States v. Hall,
974 F.2d 120L 1204 (9th Cir.1992).
8
173
A prisoner seeking to benefit from the statutory provisions [of the
Uniform Mandatory Disposition of Retainers Act] must tirst meet the burden of
compliance with the 'agreement.' IvlcCallum v. State, 407 So. 2d 865, 869
(Ala.Cr.App.1981). There must be strict compliance by the prisoner with the
requirements ... , otherwise, a conniving prisoner could finagle procedures to
frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate
Compact on Detainers'), and attempts to deal directly with officials in the receiving
state, he must satisfy the additional requirements of the agreement which would
normally be executed by officials in the sending state." McCallum v. State, supra,
at 869." Seymore v. State, 429 So. 2d 1188, 1193-4 (Ala.CLApp.1983). fVhitley v.
State, 392 So. 2d 1220, 1224 (Ala.CLApp.1980), cert. denied, 392 So. 2d 1225
(Ala.1981 ).
If a Defendant takes it upon himself to notify the prosecutor and the
Court directly, he is responsible for seeing that the notice is sent in the form
required by the lAD. If Defendant's correspondences never properly comply with
the notice requirements of the lAD so as to constitute "the required request," the
180 day period does not begin to run until Texas authorities have received the
completed request form. Burton v. State, 805 S.W.2d at 575. When an inmate fails
to serve the court where charges are pending, then he has failed to comply with the
requirements of Art. III and the clock does not start ticking against the receiving
9
I 7'1
jurisdiction. State v. Votta, 299 S.W.3d 130, 137 (Ct. Crim App 2009).
Article III, section (a) of the IADA states that the prisoner's request
must be "accompanied by a certificate of the appropriate official having custody of
the prisoner stating the term of commitment ... the time already served, the time
remaining ... on the sentence, the amount of good time earned, the time of parole
eligibility... and any decision of the state parole agency relating to the prisoner."
TEX. CODE CRIM. PROC. ANN. art. 51.14, Art. IH(a) (West 2006). And, should that
information not be forwarded with the request for final disposition, the 180 day
timeline remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.-Fort Worth
1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App.
Amarillo, 2012).
In a long line of cases that includes Powell v. Alabama, 287 U.S. 45
(1932), Johnson v. Zerbst, 304 U.S. 458 (1938), and Gideon v. Wainwright, 372
U.S. 335 (1963), this Court has recognized that the Sixth Amendment right to
counsel exists, and is needed, in order to protect the fundamental right to a fair
trial. The Constitution guarantees a fair trial through the Due Process Clauses, but
it defines the basic elements of a fair trial largely through the several provisions of
the Sixth Amendment.
ARGUMENT:
This case has become convoluted for a couple of reasons. The
10
I ?S
Defendant allegedly committed the murders in Waller County on or about March
10,2010 and fled the jurisdiction. He did not become a suspect until facts became
known about a bank robbery and his arrest in California on October 30, 2010.
From that time until December 16, 2011, the Defendant was being held in
California for trial. He was sentenced on December 16, 2011 and was committed
for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary
in California. The Defendant was indicted on the Waller County murder charges a
couple weeks later on January 27, 2011 and presumably a detainer was placed on
the Defendant shortly thereafter.
The Waller County District Attorney's Office entered into a number
of informal telephone conversations through the Waller County Sheriff s Office
with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what
was needed to get the Defendant back to our jurisdiction for trial.
Then on July 19, 2012 the Waller County District Attorney's Office
received through regular mail attachment Number 1. The document is entitled
"Notice and Demand to District Attorney/Prosecutor for Trial or Disposition of
Warrant, Informations, Detainers or Indictments by Federal Prisoner" and
attached to that motion was what appears to be some sort of sentence monitoring
sheet. It further appears that the document was sent by the Defendant without any
participation or notice to the warden or the prison authorities there in California.
11
This is one of the documents that the Defendant claims in effect to be a notice
under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180
days of receipt of the notice by the Court and the District Attorney. If such were
the case, then trial would have had to be commenced on or before January 16,
2013. Another consequence of this notice, if it were effective, is that it in effect
waives the right of the Defendant to insist on the formal extradition process and
renders consent to be taken back to the jurisdiction seeking the Defendant for trial.
There are a number of problems with this Defendant's attempt at
giving an Art. III notice. The notice has a few "shaHs" in its wording. First, in
Art.lII (b) the notice "shall" be sent by registered or certified mail, return receipt
requested. This requirement among other things gives both the prosecuting
attorney and the Count some idea of just when the 180 days begins to run and does
not leave that important date up to the vagrancies of in-office date stamping,
claims of in-office routing problems and the like.
The second "shall" in Art.III (a) reqUIres that a "certificate" be
included by and from the warden of the holding facility. The Article goes on to
say that there are at a least five pieces of information this certificate shall contain:
1) the term of commitment, 2) the time already served, 3) the time remaining to be
served on the sentence, 4) the amount of good time earned, 5) the time of parole
eligibility of the prisoner and 6) any decision of the state parole agency relation to
12
/77
the prisoner. All of this infonnation is vital to the decision making process that
may come into play by the trying Court and to the prosecutor. Another important
concern that comes into play in this case is that the request by the Defendant
through the warden of the holding authority gets the warden into the information
loop, the import of which will be discussed below.
It is clear from the case law cited above that a failure on the warden
OR the Defendant to strictly comply with the Interstate Agreement requirements in
Article III results in no notice to the trying Court and the prosecutor. (See Fex,
Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, (. .. the 180
day period does not begin to run until Texas authorities have received the complete
request form .. .)Burton, Lara, Garcia.
The failure of the Defendant to make his request through the warden
caused the prison authorities to be in the dark about the Defendants intentions
concerning returning back to Waller County. The warden did not know that
Defendant had made a demand to be returned, so that when answering inquiries
from Waller County about the Defendant's return, the holding authorities advised
Waller County would have to make our request in accordance with Art. IV. This
procedure requires the filing out of various forms and the obtaining of various
signatures before Art. V (also requiring additional forms) could be triggered and
the Defendant could eventually be picked up. Art. V also triggers different time
13
17f
requirements. If the Defendant were obtained via Art. IV, then his trial had to
commence within 120 days of his arrival back in the requesting jurisdiction unless
good cause was shown for the Court to continue the case.
Waller County began this procedure beginning informally after we
determined that the Defendant had been arrested in California. It continued more
formally after he was sentenced in California in January 2013. and continued
November 2012 (attachment #2) through May 2013 (attachment #3).
On February 8, 2013 Waller County and the Court received another
Art.III request (attachment #4) by certified mail this time through the warden of
the holding authority. This demand contained a cover letter from the warden,
"Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate
of Inmate Status." The Certificate, however, did not contain the full information
required by Art III in that it omitted 1) the date of parole eligibility of the prisoner
and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.
It is the position of the State that his February 2013 "notice" is
likewise ineffective for the same reasons stated above. The Court and the
prosecution are entitled to full and strict adherence by the Defendant and the
holding authority in accordance with Art III and the cited case law.
If, for the sake of argument, the Court determines that the State has
been placed on notice in accordance with the requirements of Art III, then the 180
14
/71
day trial dead line may apply thus requiring trial by August 7,2013. However, this
court may find that good cause has been shown and continue the case.
Art III(a) ... provided that for good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of
the matter may grant any necessary or reasonable continuance.
On June 4, 2013 the Defendant appeared in this honorable Court (a
Court of proper jurisdiction) (see docket sheet) and in open court and on the record
demanded that certain previously filed motions be heard. The Court inquired of the
Defendant if he was represented by counsel. Defendant advised that he was not yet
represented by counsel and in view of Defendant's request to have court appointed
counsel (see attachment #4, page 4), the Court reset the case until such time as
appropriate counsel could be appointed. Later on in the day and NOT in open
court, the Defendant was appointed the Regional Public Defender, However on
June 6, 2013 the Court reconsidered this appointment and subsequently appointed
present counsel to represent the Defendant.
This Court had no alternative but to appoint counsel for the Defendant
and reset the matter. The Defendant had filed adversarial motions that needed to be
heard, argued and decided. The Defendant made no request to represent himself
either explicitly or implicitly. The Defendant had in fact given notice of his desire
to be represented by court appointed counsel through his paperwork filed with the
Court. If this Court had pennitted the Defendant to proceed without representation,
15
I%,0
the Court would have clearly run afoul of the long line of cases that require a
Defendant to have the availability of competent counsel in a criminal trial. (Powell
v. Alabama, 287 U.S. 45 (1932).
The notice to the State failed by virtue of missing material in the
certificate. The case was continued for good cause shown namely so that the
Defendant could consult with court appointed counsel and become prepared for
previously filed pre-trial motions.
Tex. Code Crim. Proc., Article 51.14, Art. Ill's Constitutionality
The State argues in the alternative that Tex. Code Crim. Proc., Article
51.14, Art. III is unconstitutional as violating the Texas Constitution's separation-
of-powers provision because it unduly infringes upon the judiciary. See Tex. Canst.
art. IL Sec. 1). The separation of powers may be violated in one of two ways: (1)
when one branch of government assumes or is delegated a power "more properly
attached" to another branch or (2) when one branch unduly interferes with another
branch so that the other branch cannot effectively exercise its constitutionally
assigned powers. Armadillo Bail Bond v. State, 802 S.W.2d 237, 239 (Tex.
Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14,
Art. III, unduly interferes with the judicial powers of the Waller Criminal District
Attorney, specifically by preventing the State of Texas from prosecuting the case
against the Defendant, who has been lawfully indicted. (Meshell v. State, 739
16
S.W.2d 246, 253 (Tex.Crim.App. J987)("By establishing the office of the county
attorney under Article V, the authors of the Texas Constitution placed county,
district and criminal district attorneys within the Judicial department."). The law
imposes on the State a strict prohibition from prosecution based on the expiration
of a time limit that has no meaningful relationship to evidence or procedure. The
deadline of 180 days is completely controlled by the action of the Defendant.
Unlike the obligation on the part of the judiciary to set bail in accordance with
Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to
personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14,
Art. III mandates that the indictment be dismissed with prejudice. [d. Armadillo at
240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control
Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L.
Rev.l,32 (1958)). This requirement that an indictment be dismissed with prejudice
bars the judiciary (prosecution) from exercising its exclusive power to act on an
indictment, try an indictment to a judge or jury, and have the case decided based on
the evidence. Courts have held that certain realms of judicial process are "so
fundamental and so necessary to a court, so inherent in its very nature as a court,"
that they must be entirely free from legislative interference. Id Armadillo at 240-
41. To arbitrarily bar the prosecution from proceeding based on any other factor
other than the evidence or matters of Constitutional procedure is an improper
17
infringement on the judicial power to bring, try and render judgment on criminal
matters.
PRAYER:
For the above reasons and law, the State of Texas respectfully prays
that the Defendant's motion be denied by this honorable Court.
Respectfully Submitted,
Frederick A. Edwards
Assistant District Attorney
Waller County, Texas
645 Ith Street
Hempstead, Texas 77445
(979) 826-7718, FAX (7722)
SBN: 06435100
18
1(3
"
~OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR
INDICTMENTS BY FEDERAL PRISONER
TO: Office of District Attorney , FROM: Dominique Dontae Lasker
Reg. No. 22867 - 298
(b~6 b~ S\{CLt- S;,u,\C- \ United States Penitentiary
He.r,,",~~r{uJ t'" '77LjY.$" Victorville FCC
PO Box DOll 3900
Adelanto, CA 92301
Dear SinMadam:
I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
CaQital Murder Charge -4
.'T 11-01-13703 979-826-8282
CaQital Murder Charge # 11-01-13704 979-826-8282
Capital Murder Charge # 11-01-13705 979-826-8282
#
2, I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, California.
3. I was sentenced in the United States District Court for the Sou thern District of Ca 1 i f orn ia ,
to a term of 121 months. My current projected release date tram federal custody is Augus t ,~,
~o 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).
4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and
do not allow my participation in certain rehabilitative programs, I remain in a higher security classification category and the
dday in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or
alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").
Cordially,
Dared: d.OId-. 107 I a... ~ ~
3YREQrnTOR
~LL
-,dJa~~ ,~~rr~
" ,A~ - 1\- '~A.:S' Dominique Dontae Lasker
________,\=.u'-"'t..... izated by the Act of
h u.....r... I
Wr1;\'ESS-PRrS()'~ ST \FF \IE~J1Y 7, 1955, as amended,
corlES: r)RICr-.AI. I:) DISTRICT JR£qQ,1iru~lW(Qq.thsoU.;6t:cORDS TO 3E lSED \\ ITH REQlEST TO COL'RT FllR OIS:"I/SSAL. .\.LSO: r"n.L'::JE
'!.()( I. \IE,\TA r ICJ.' FR[)\1 THE C~SE tJ.&G~ §::~9ARDI'IG T~E W ~RR-'."T. OET ~J~;ER .-\'\0 IF POSSIBLE \'Ol.'R SE"TESCE ),!O'dTORI'I,; D.A r 0\
f_ ~_.;\IPI T.l, T]t)\ :lPI\·~·'· H.'T '';H()\~ f'G \ t)l:R ?ROJFr-n::n RELf.;SE ~).1. fE
EXHIBIT
'\lP La .... Llbrlf) F,)rms, :"oticeSpeedyTriaJ-Detamer (Rev '-I: II) I s 1. /
., "
IN THE Dis tric t COURTOF __
W_a_ll_e_r_ _ COUNTY
FOR THE STATE OF Texas [506 Di s t ric t ]
----~~--~------
Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plain tiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION... Pursuant to . . . . . . . . .
\'. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )
) (Constitution, Art. VI, § 10 )
)
Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282
Defendant. ) 11-01-13704 979-826-8282
11-01-13705 979-826-8282
Notice is hereby given that the above-named Defendant, I:bninicp: D:nta:: lasker IS
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
1. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court for the District of
California
------~---,
on December 16 2011
--,---- Defendant has a projected release date
from federal custody on __
A...,.:ug""-u_s_t_____________, 13 , 20 ~. (see attached sentencing
computation/data sheet).
1. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations, charges, and/or complaints pending In this jurisdiction. Specifically:
1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282
3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought for trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detainers. The Defendant further requests in an absence of availability of trial. an in absfentia
resolution be arranged.
'dP Law Library Forms,}JotlccSpeedyfrl31-Detalner IRev 9.:11)
If.5
~. f'his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopter v. .vorlh
Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights,
even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice
would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.
Jfichigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in abstentia, including an order for the
district attorney/prosecutor to seek temporary custody from federal authorities under LAD provisions,
and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.
Respectfully Submitted,
~~r..Sker
J
Dated::iD \ ;)... /02 I Q '5
No. 22867-298
Reg.
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CERTIFCATE OF SERVICE
I hereby certify that a copy of this document \vas mailed to the office of the district attorney/
prosecutor for this jurisdiction, addressed as below.:
DiS tft. c tA-ttD(V'\f.. L{
~yto G~h. ~1r(d SLLi\-c. \
I\e1'Y1 PSI cc{.J 1 X. ) 7 7 Lj Lj-5
~
~~-----
Date: ~Ol~/07/3 :;::::::> :~
. ~omtnique Dontae Lasker
\iIP Law Library Forms:'\'otlceSpeedyTnaI-Detainer (f~487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court, 506th District 2) .
Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors
Waller County Courthouse OFFICE
836 Austin Ct., Room 318 FOR WALLER COUNTY
Heapstead, TX 77445-4673
~I
l1liIli que D~d
;Lasker~ <::
Reg. No. 22867-298
United States Penitentiary
Victorville FCC
PO Box 5300
Adelanto, CA 92301
VIP Law Library Fonnsl Certificate of Service (Rev. 81l1)
If7
·. .
VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012
PAGE 001 * COMPUTATION DATA * 15:38:24
AS OF 04-04-2012
REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE
FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984
ARS1 . . . . . . . . . . . . . : VIP/A-DES
UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L
DETAINERS ........ : YES NOTIFICATIONS: NO
HOME DETENTION ELIGIBILITY DATE: 02-13-2019
THE FOLLOWING SENTENCE DATA IS FOR T~~IS CURRENT COMMlTMENT.
THE INMATE IS PROJECTED FOR RELEASE:(]J8-13-2019 VIA GCT REL~.
---- -
----------------------CURRENT JUDGMENT/WARRANT NO: 010
COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT
DOCKET NUMEER ... , . . . . . . . . . . '" .. : 10CR4732-DMS
JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW
DATE SENTENCED/PROBATION IMPOSED: 12-16-2011
DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012
HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT
PROBATION IMPOSED . . . . . . . . . . . . . . . : NO
FELONY ASSESS MISDMNR ASSESS FINES COSTS
NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00
RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50
-------------------------CURRENT OBLIGATION NO: 010
OFFENSE CODE .... : 551
OFF/CHG: 18: 2113 (A), (D) AND 18: 2 ARMED BANK ROBBERY AND AIDING AND
ABETTING. (CT. 1)
SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE
SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS
TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS
DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010
G0002 MORE PAGES TO FOLLOW . . .
1ft
Nr. Dominique Dontae Lasker
Fed. Reg. '2286T-298 ,~,·Nt 'b·:t'''''·'", 'Y,.n'_i L ... ·"". ,:;fr~I'
.... ......
:.. ' .:,.~
United States Penitentiary Victorville .,' '1 -..~'{~' ~J;r,'~;" '.,..\ t-:s~ ..... ~ ;1 "",~,"dI2···.. "~ ~~.~--'
P.O. BOX. 3900 ..1. .'''' ••. ' ......... ~.:..,_ .•• ",,,_,_ "\ .... '~ .' ",. w,!.l:""-
'~""". ,
- '~.: ~"r.'l'"
_....~~;-.r."'i.:.'r: _~ .........
~~
ADELANID, CA. 92301 lI"t
District Attorney/Prosecutors Office ~ ~ : "I
For Waller County
':T~egal Mail" <6Y6 b~ ,;tTcLi' Sun~~ I "'I I' '''.
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Transmission Report
Date/Tlme 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE
LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE
LocallD 2 Local Name 2
This document: Confirmed
(reduced sample and details below)
Document size: 8.5"xll"
645 1211\ SItHI
Hempslead. 'IooIa n~5 Elton R. Mathis (9791 826-n18
(979) 825-T722 Fax
Criminal District Attorney
VlBIIer County
January 2. 2013
Warden
United States Penitentiary
VIctorville FCC.
P.O. 80.3900
Adelanto, califomia 92301
In Re: Inmate DOMINIGUE DONTAf LASKER, 22867-289
Request for Temporary Custody (lAD Form VI
Dear Warden,
Please find our county's request for temporary custody so that Irvnate Dominque Dontae ~sker may
stand trial for Capital Murder In Waller County, Texas.
I have attached certified copies of the indictments and warrants In this matter. The", a", no fingerprints
or photographs because the Defendant fled our Jurisdiction before arrest. He was however interviewed
by Te~as Rangers there in California.
If there is anything more that Is needed to facilitate this temporary transfer, please let me know.
~rdS' /0.
~:!-"'::f~
/'
First Assistant District Anomey
Waller County, Texas
EXHIBIT
is' ~
Total Pages Confirmed: 8
Remote Station 5tartTIme Duration Results
7605305750 04:04: 15 p.m. 01-09-2013 00:01:41 CP24000
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group3
WS: Waiting send M5: Mailbox save FA: Fall RP: Report EC: Error Correct
.'
co:py
645 12th Street
Hempstead, lexas 77445 Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal District Attorney
\l\ialler County
January 2, 2013
Warden
United States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, California 92301
In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289
Request for Temporary Custody (lAD Form V)
Dear Warden,
Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may
stand trial for Capital Murder in Waller County, Texas.
I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints
or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed
by Texas Rangers there in California.
If there is anything more that is needed to facilitate this temporary transfer, please let me know.
Frederick A. Edwards
First Assistant District Attorney
Waller County, Texas
111
i09/05/2012 08:35 7605305750 RECORDS PAGE 02/B3
8P-SS68.051 !AD FORM V - REQUEST FOR TEMPORARY CUSTODY CCFRM MAUL[.Q FEB 94
U.S. DEP~ or JUSTICE FEDERAL BUREAU or PRISONS
six copies. Signed copiu m1J8t be ~ent ~o the pdsoner and to the ofticial who has the p:r.isoner in
cu~~ody.
A copy ~hould be 3ent to ~hQ Aqreement Administrator of both the ~.nding and the recei~ing
,tate. Copie .. should ba, retained by the parlllon filinq the request 03.nd the judge who signs the requQ!lt.
Prior to tran!lfer vnder thi~ Aqreement, an Inmate may be afforded a judicial hearing (Cuyler) sl~lar
to that provided und~r the Uniform Extradition ~ct. in which the inmatQ may bring a limitmd ch4llenge
to the rec~ivinq etate's request.
To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address ~
V ~(:;cl
I\) .s+", t..s -Per') I f~Aif'A*':J Vic. to 14. v' d II! I-.C C'J ? -0· 130)(, 3tqO~ A- oe Ij~:l'~})oS'
J
please be lIdvised thllt (Name of Inmate) )50M ,N J q LA ei J)o"Jt At: L/'U keI2..121(,f"- 2."iI, who
i y an inmate ot your institution, is under [indicate appropriate]
_ indict.ment J,. 1 f":iRiGmat:i~n) (-eompla!nt) in the (Jurisdi ction)
~0 ,1 '-1. W A-Ilev- CO(..4lvt y 1-e>(J4.5 I of which I am the (Title of Prosecuting
Officer) ::DjS1'VlI'C. f i'f R Ol'1J\J~ Said inmate is
therein charged with the offens s)
enumerated below: I ,
Offense (s) Il - ~ i
(D c p. ? 'd· ~ I Ml.4v.oev- l \ - 01 - 13 =7030/"~ !J.:tolo [ Jkt-\v /VYl- ~ 1 -0 I - 1310Y-,IX) ~.­
I propo"e to bring th1~ per:1ol'l to trial on thie [indicate appropriate) ,indictment III f ai" ti'IW
(eolLljn,d')lt) within. the time .specified in Article IV(c) of the Agreement.
In order that proe.eding~ in this matter may be properly had, I hereby requeat temporary custody ot
3ueh per$on.s pur~uant to Article IVI., of thQ Agr.ement on DQt4inere.
Attached herewith find in triplicat.:
oJ. Certified copies of the complaint, information or ind,i,ctment
b. Certified copies of t~e warrant
c. Certified copi~.s of !inqerprint2, photoqraph~ or physical description
I hereby aqre. that immediately after trial i3 completed in this jurL:diction, I will return the prisoner
dir.~tly to you 0: .ll.ow any juriedlction you have d~siqnat.d to take temporary custody, I aqrQQ also
to com lete Form IX, The Notice of Di.s OSition of a DetainQr, immediatel after trial.
Prineed Name and Signatur Ti,tl,e I .:vcst""·c....~ . Date
E \ -\0'"
Q.. r.;\ \>t +\"'\.$ CQ.II"',IIJA. ~ H 0'" NoV .JJ~ 1 20 I ~
Address: City/State: ~74f./.S;- Telephone No.:
l,g4 5' ltl.tk S+('-i cd- \-\
-e V\oooo\.p 6-beC."~ / I ~ '.( 45 q 71 q - g 2 (, - T=i 1$
I h~rQby certiry that the person whose siqnat~re appears above is an appropriate officer within the
me".ninq of Ar:ticla IV{a) and that t.he fact" recited in this request for tempore c:u.tody are cor:rect:
and that havinq duly recorded said reque~t, I hQreby transmit it tor ac~~~n in . cordance with its ter.m
and th. rovi~ion. of the Aqrep.ment on Detainer". ,
Judge's Print~d Name and Signature Date
P\ I b~v~ M. f\A.c COt\ A)o V .2~J 20/ L
Court
.s D (P t-\..-. -:r ~o\'C I' 4..\ COUll' -t
City/State Telephone No.
eY'A 5-t~)-')) J W~ Ll-ev- Cou,...,. -t Te'(A~ 0)"1 (, v
(This fo.r.m may bit replicated via WP) ,.,~~
:.J;l~J~ ._\ 'J . • .
q 21 ... 6 q 2.. 1
;;-~',·;il, "'.~~\ .\HJt!rt L'rt .HCCJI~, Jr.
I
fi~.. ~-,,~,
- ::',::\r';1 " -.:;C6lh JudICIal
_. JUuL(C, , ,DIstrict
' , Court
\-' '~~f. ,. WrIDer ::md Grime~ COllntie~. Texas
. .-/
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. W ALLER COUNTY, TEXAS
DOl\UNIQUE DONT AE LASKER ~ct Qt' JUDICIAL DISTRICT
BIM DOB: 0312111984
Charge: CAPITAL MURDER
Section: 19.03
Degree: CAPITAL FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the
506th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the Il1H day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
frrearm, and did then and there intentionally or knowingly cause the death of another
individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and
both murders were committed during the same criminal transaction.
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the
506 th Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally cause the death of an individual,
namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the
defendant was then and there in the course of committing or attempting to commit the
offense of robbery of Stanley Ray Jackson.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
10/3
Cause No. 11-01-13703
TIlE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing him with CAPITAL MURDER
MUL TIPLE, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER.GOUNTY, T XAS
BY:-- ~;2{i;d;·· /.J t1
. ·Ha~~~,D~uty
SHERIFF'S RETURN
CAME TO HAND the ___ day of _ _ _ _ _ _ _, at _ _ _ o'c1ock
__ om., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest _ _ _ _ _ _ _ _ _ _ _ , Sheriff
Mileage miles _ _ _ _ _ _ _ County, Texas
Taking Bond
Commitment By: _______________
Deputy
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ,-'-J>/:-.)uDICIAL DISTRICT
RIM DOB: 03/2111984
Charge: MURDER
Section: 19.02
Degree: FIRST DEGREE FELONY
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected,
empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th
506 tb Judicial District Court of said County, upon their oaths present in and to said Court
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a
fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
Itf5
Cause No. 11-01-13704
·fHE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. W ALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER 506TH JUDICIAL
DISTRICT
BlacklMale DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, tben and there to answer the State of Texas upon an
indictment pending in said Court, changing him with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
BY ~ ;I'~' I
: ·-;~~~:g~;rd, Deputy
SHERIFF'S RETURN
CAME TO HAND the - - - day of - - - - - - - , at ---- o'clock
__,m., and executed by arresting ___________________
At , in _______ County, Texas, and placing
him/her in the Waller County Jail on the day of _ _ _ _ _ _ _ _ __
I actually and necessarily traveled miles in the service of this writ, in
addition to any other mileage I may have traveled in the service of other process in
this case during the same trip.
FEES: Making Arrest , Sheriff
Mileage miles
-------------
County, Texas
-------
Taking Bond
Commitment By: ___________________
Deputy
NO. II -- (J / . l37{/!; -
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WALLER COUNTY, TEXAS
DOMINIQUE DONTAE LASKER ~!.16,(1- JUDICIAL DISTRICT
BIM DOB: 03/2111984
Charge: MURDER ~i
Section: 19.02 ~
&~ .
Degree: FIRST DEGREE FELONY
INDICTMENT
I §I!, ';
"-~ ~~Ibi. ~\
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;
The Grand Jury for the County of Waller and the State of Texas, duly selected, ',-
empaneUed, sworn, charged, and organized as such at the January term, A.D. 2011 of '--..
506 th Judicial District Court of said County, upon their oaths present in and to said Co 3:
at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or
about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in
Waller County, Texas, did then and there intentionally or knowingly cause the death of
an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
/97
• f
Cause No. 11-01-13705
THE STATE OF TEXAS IN THE DISTRICT COURT OF
VS. \V ALLER COUNTY, TEXAS
DOMINIQUE DONT AE LASKER 506TH JUDICIAL
DISTRICT
Black/Male DOB: 03/21/84
CAPIAS INSTANTER
TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE
LASKER and him safely keep so that you have him/her before the Honorable
506TH District Court of Waller County, Texas, at the Courthouse of said County, in
Hempstead, Texas, instanter, then and there to answer the State of Texas upon an
indictment pending in said Court, changing bim with MURDER, a felony.
HEREIN FAIL NOT, but make due return hereof to this Court forthwith,
showing how you have executed the same.
Witness my hand and seal of office, at Hempstead, Texas, this 27th day of
January, 2011.
PATRICIA JAMES SPADACHENE
WALLER COUNTY, TEXAS
BY: ~1ail/£V
// F fJ/ Haggard, Deputy
SHERIFF'S RETURN
CAME TO HAND the ___ day of _ _ _ _ _ _ _ , at _ _ _ o'clock
__.m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
At , in _ _ _ _ _ _ County, Texas, and placing
him/her in tbe WaJler County Jail on tbe day of _ _ _ _ _ _ _ _ _- '
I actuaJJy and necessarily traveled miles in the service of tbis writ, in
addition to any other mileage I may have traveled in tbe service of other process in
tbis case during the same trip.
FEES: Making Arrest _ _ _ _ _ _ _ _ _ _ _ ,Sheriff
Mileage miles _ _ _ _ _ _ _ _ County, Texas
Taking Bond
Commitment By: _____________________
Deputy
191
. -. ) ... - ._, - -~----. ---_._--- - - -. -
.. .~,.
SENrJER: ~,CMPLETE TIllS ';ECTION
• CoriiPD'itIIIMI~ ~ ancta/4JitO~·,..,
1tarft41f Resb1ct8d DeItiery III dI8Ii'Ida'., '
• PrInlygi.-name and addr-.OIttne~,.,,··
!!O tI'\alw. can return the card to yea
.. Att8cb Ihlacarct to the back of the mallp~. .
'. otontrJettant"~~~,; ,
0: Ia dIIIIIwy un. dIfIIrw1t tan Item 11
IfY~ em.1WVwy ___ ~ [J Nell<
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~c.tIfIed Mail:;: ,
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a lnand ,.....
a,v..
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7002 3150. DODO 3D33 71b1"
PS Form 3811. February 2004: DomestiC Return Receipt
•
645 12th Street
Hempstead, "i!xas 77445
Elton R. Mathis (979) 826-7718
(979) 826-7722 Fax
Criminal DistrictAttorney
\Nailer County
May I, 2013
Ms. linda T. McGrew
Warden, FCC-USP
c/o Correctional Officer J. Kaawaloa
P.O. Box 5400
Victorsville, CA 92301
RE: Dominique Lasker, 22867-298
Dear Warden McGrew:
Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the
last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not
hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at
the Waller County Sheriffs Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank
you for your help in these matters.
Sincerely yours,
~~-
Elton R. Mathis
Waller County District Attorney
Ene.
Cc: R. Glenn Smith
Waller County Sheriff
EXHIBIT
I 51 3
"t3P-A0564 lAD i'ORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM
APR 10
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Five copies. All copies, with original signatures by the Prosecutor and the Agents,
should oe sent to the Administrator in the RECEIVING State. After signing all
copies, the Administrator should retain one copy for his file, send one copy to the
Warden, Superintendent or Director of the Institution in which the prisoner is
located and return two copies to the Prosecutor who will give one to the Agents for
use in establish~ng their authority and place one in his file. One copy should also
be forwarded to the Agreement Administrator in the sending file.
Evidence of Aqent's Authority to Act for Receivinq State
To: (Administrator and Address) ~e.c. - t..-' ~ ~
~,..).4. -r. M.~~re.-' I V{"'-)..", Y.. O. Bei- ~J.f()O
,,; c.~r..,d\~ ~A.
Inmate (Name and Register No.) is confined in (Institution and address)
J....4."S\-t r ) VD 4"'-\''"'~'t'e.. DD~e. F~c.. V~<--l-o",,\\\e. ~--~\~'l'- - uS P
P.O. 'SO'f- -S' ~0 0
~~2>~,- Z~~ 't:I.,,-fo c.
"Inri wi 11 be t::~kc:n .luLu "':USl:.O\.ly::;aid Institution on (date)
aT:. for
return to the County of ______~Yd~~A~~~~~~~~~______________________________,state of
Te)
Evidence o~ Agent'. Autbority Continued
To: (Ward.en -5upe rin tendent - Director>
J,.., ek. --r: P"\e (b r~~« 'd:'" cL r"-
In accordance with the above representations and the provi~1on5 of the Aqreement
on Detainers, thQ persons listed. above are hereby designated a6 Agenta for thQ
Stata of :r:E)('A- S to return
(In~ate' 5 Name ~a 9.. I)fqiseer No.) k'k$~R..~ 'Do;ir;it:: DB\1i;;;,1:'Qv<#
d¢eM~-~lJ to the county of h{8I,Ug, , Stal:. or
__ ~ , tor t~ial.
At the completion o~th. trial (Inmate) t:llsJ4{J!!... "»o1"";&'I-/:r:qt.JcF 7>OH7~c
~ &7- tfl9 rz shall be returned to the (ln5titution and
Addrel5~) :
~a.C VI" <- fry Ie.
II ; / t!o,.,..t J.,)(' - V $) P
p. D. 13~.x ~?,lJ 0
14.14/""- -10) C;:t 9~ '6 D /
Dated
c. City/State \\ l\f)\-S~\ \ \~,l6tS 'l1:1l
d. Telephone No.
Prescribed by PS87'
c\&i1-l\6l)-lO.4~
2
SGC:1083C1 139L9B£9139L
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U.S. Department of Justice
Federal Bureau of Prisons
ZDI3r~>-] .!··IO:~q
Federal Correctional Complex
Office of the Correctlonal S~tl~"-----:::--i_-\-I/..J~,.,.. Vlctorvll1e, Ca Ifornla
January 31, 2013
Office of the District Attorney
Elton R. Mathis, Criminal District Attorney
Waller County
506~h Judicial District
645 12th Street
Hempstead, Texas 77445
Re: Lasker, Dominique Dontae
Register Number 22867-289280
STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705
Dear Mr. Mathis:
In response to your r~quest for temporary custody pursuant to the
Interstate Agreement on Detainers Act (IADA), applicable forms are
enclosed.
Please be advised subject has been notified of your request and has been
afforded a 3~-day period in which to contact the Warden of this
institution as to any reasons why he should not be
produced in your State pursuant to the Agreement.
X The inmate has waived this 30-day period. You may contact
this facility directly to arrange for temporary custody.
The inmate has elected this 30-day period, provided under
Article IV (a), which expires on DATE) . Any court proceedings
must occur after this date.
Please remit to this office the original completed Form VI,
"Evidence of Agent's Authority to Act for Receiving Staten (BP-A564)
and originals of the lAD Form V (BP-568) and lAD formVl (BP-565).
The persons designated as agents to return the prisoner to your
State must also be the persons whose signatures appear on the Form
VI. Naming alternative agents would be advisable in case your
primary agents cannot make the trip. The alternate agents'
signatures should alsa appear on the Form VI. Also be advised that
the designated agents must have in their possession a copy of the
warrant when assuming custody of the prisoner.
EXHIBIT
Exhibit
J -sf Lf
Page Two
RE: Lasker, Dominlque Dontae
Register No. 22867-289
Inmates who are temporarily transferred pursuant to the lAD remain
under the primary jurisdiction of Federal authorities. Should you
accept temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the above-
named inmate to this institution after prosecution on all pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements for the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and leg irons are required. Contract Guard Services are not allowed.
Any problems associated with this inmate must be reported to the
individual listed below. This inmate may not be released on bailor
bond or any other agency while in your custody. Additionally, this
inmate is not to be committed to a state correctional institution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed certification
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5748.
Sincerely
Linda T. McGrew, Warden
((1U~
/5/ D.
Wren, SCSS
Enclosures: 8P-~orms A235, A236, A238, A239
BP-A565, lAD/State Writ - Prosecutor's Certification form
cc: Clerk of Court
State IADA Administrator
BP-S235 (51)
u. S. DEPARTMENT OF JUSTICE
-
IAn -NOTICE OF UNTRIED INDICTMENT
FEDERAL Bt1REAU OF PRI SONS
INMATE NAME: REGISTER NUMBER: rNSTITUTfON:
LASKER DOMINIQUE DONT AE22867-298 FCC VICTORVILLE COMPLEX
Pursuant to the Interstate Agreemen't on Detainers Act, you are hereby informed that the following are the
untried indictments, information, or complaints against you concerning which the undersigned ha~ knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-01-13703,11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
infonnation or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered suc hd],
e Ivery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Com pi ex Ward en
August 31, 2012 Charles E Samuels lr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Original Inrnale
Copy: J&C File
Cenlral Iile
r
BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM
FEB~
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
1h
506 JUDICIAL DISTRICT WALLER COUNTY, TX
And to aU other prosecuting officerB and courts ofjurisdictioo listed below from which indictments, information or
complaints are pending, you are hereby notified that the uoderBigned is now imprisoned in:
Institution:
Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And I hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or
complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term
of imprisonment in this state. I also agree that this request shall constitute a cODS~nt by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am conf'med.
If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this fonn to the sender.
Forms BP-S238(5 I), Certificate ofIrunate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are
attached.
Dated:
Inmate's Name and Register No.:
January 30, 2013 LASKER, DOMINIQUE DONTAE
Federal Register: 22867-298
The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
(Drequest the Court to appoint Counsel. (Inmate'S Signature)
(
Record Copy - SIJtIl: lAD AdminiSlrIIlor, Copy. J&'C File; Copy. Ccnll1ll File (Sec!. I); Copy. Pro.cculing Official (Mail Ccnificd Rcturn Receipt); Copy. Clcric ofCour1
(Mail Certified Rerum Receipl)
, .
BP·S238,OSI IAD- CERTIFICATE OF INMATE STATUS CDfRM
F.bruory 1994
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Inmate's Name: Register No.: Institution:
LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional CompJex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The tenn of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date of Parole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E. Samuels Jr. Linda T. McGrew,
1130/13 Director, Bureau of Prisons Complex Warden
r (j}0'u.,.-
D. Wren
Correctional Systems Specialist
Record Copy - S tate lAD Administrator
Copy - J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy - Clerk of Court (Mail Certified Return Receipt)
,
BP·S239.0SI lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDfRM
February 1994
tJ. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30,2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTAE
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27, 2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 S06TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: NameITitle Custodial Authority:
V'~~n FCC Victorville - USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T. McGrew
Complex Warden
CRIMINAL DOCKET
- hi INC •• DALLAS FORM CLD
-,
DATE OF FILING
Number of STYLE OF CASE ATTORNEYS OFFENSE
Case Month Day Year
r-
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(
THE STATE OF TEXAS )(
COUNTY OF WALLER )(
L PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller
County, Texas, do hereby certifY that the record on Petitionfor Writ ofMandamus to the
Court ofAppeals for the First Supreme Judicial District of Texas, Houston, Texas, in
Cause 01-14-00630-CR (Count 3)and Waller County Cause No. 11-01-13705, styled IN
RE: DOMINIQUE DONTAE LASKER, to which this certification is attached and made a
part, comprise a true and correct transcript of all the matters and proceedings had and
done in said cause,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this
10th day ofSeptember, 2014.
Pat J. Spadachene
PATRICIA JAMES SPADA CHENE
DISTRICT CLERK
WALLER COUNTY, TEXAS
By: liz RUJdp
Liz Pir§ Deputy
Court Reporter: Robyn Wiley
836 Austin Street, Rm 307
FILED IN
Hempstead, Texas 77445
1st COURT OF APPEALS
(979) 921-0921 HOUSTON, TEXAS
10/9/2014 8:57:13 AM
CHRISTOPHER A. PRINE
Clerk
Delivered to the First Court of Appeals
For the State of Texas
301 Fannin Street
Houston, Texas 77002
The 9 th day of October, 2014
PATRICIA J. SPADACHENE
DISTRICT CLERK OF
WALLER COUNTY, TEXAS
BY: _ _ ~~~"'rR_~_'_--,--__,Deputy
Appellate Court Cause No. 01-14-00630-CR
Filed in the First Court of Appeals at Houston, Texas
This the day 2014.
By ____________________________~,Depury
FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR
Trial Court Cause No. 11-01-13703
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONT AE LASKER § HOUSTON, TEXAS
PETITION FOR WRIT OF MANDAMUS
SUPPLEMENTAL CLERK'S RECORD, VOL. 1 OF 1
INDEX
VOLUME
Caption 1
Stipulation of Evidence Filed 1010612014 2
Court's Docket Sheet 4
Certification 6
SUPPLEMENTAL CLERK'S RECORD
(Petition for Writ of Mandamus)
First Court of Appeals
Court of Appeals No. Ol-14-00630-CR
Trial Court Cause No 11-01-13703
In the 506 th District Court
Of Waller County, Texas
Hon. Albert M. McCaig, Jr.
INRE:
DOMINIQUE DONTAE LASKER
Appealed to the
Court of Appeals for the FIRST District of Texas, at Houston, Texas
Relator DOMINIQUE DONTAE LASKER
Attorneys for Relator Frank Blazek
1414 11 th Street
Huntsville, Texas 77340
Tel: (936)295-2624
SBOT No.: 02475500
William F. Carter
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
Tel: (979)779-0712
SBOT No.: 03932800
Real Party In Interest The State of Texas
Attorney for State of Texasl
Real Party In Interest Elton Mathis
Waller County District Attorney
645 lih Street
Hempstead, Texas 77445
Phone: (979) 826-7718
SBOT No. 24014568
Court: 506th Judicial District Court
Judge: Hon. Albert M. McCaig, Jr.
THE STATE OF TEXAS
COUNTY OF WALLER
In the 5061h Judicial District Court of Waller County, Texas, the Honorable Albert M
McCaig, Jr., presiding, the following proceedings were held and the following instruments and
other papers were filed in this cause, to wit:
1st COURT OF APPEAL NO. 01-14-00630-CR
TRIAL COURT CAUSE NO. 11-01-13703
SUPPLEMENT AL CLERK'S RECORD
VOLUME lOF 1
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONT AE LASKER § HOUSTON, TEXAS
CAUSE NO. 11-01-13703
CAUSE NO. 11·01·13704
CAUSE NO. 11-01·13705
THE STATE OF TEXAS §
§
VS. § WALLER COUNTY, T E X AS
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
STIPULATION OF EVIDENCE
Now come the State of Texas and the Defendant, by and through their undersigned
attorneys, and stipulate that tHe undated State's Response to the Defendant's Motion to
Dismiss, filed marked September 4,2014, was before the trial court and considered by the trial
court on February 11,2014. [Clerk's Record pg. 169 in 1st Court of Appeals No. 01-14-00630-
CR (Count 1)]
sa~
DATED September 30,2014.
ELTON R. MATHIS -----
CRIMINAL DISTRICT ATTORNEY
WALLER COUNTY, TEXAS
State Bar No. 24014568
645 12th Street
Hempstead, Texas 77445
Tel. No. (979) 826-7718
Fax No. (979) 826-7722
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 llth Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
1
By __~~~__-+~+---------
Frank Blazek
State Bar No. 02475500
PAGE I
STIPULATION OF EVIDENCE
C:\Ncl SllArc\FB\CRtM _«·o\l~ukcr,DD.Fi I (l15\M;ulIl~mu~\Slirulltlk)l1 of Evirlc:ru:c,\\-pti
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
STIPULATION OF EVIDENCE PAGE 2
C:\NcISlurc\FB\C1UM_K.O\Lasker ,OO.A I07.5\MAruiammiSl ipuiallon o( Evirlellcc.\'tpO
3
No. //-()/-/37tJ3
CRIMINAL DOCKET
S INC., DALLAS FORM CLD
DATE OF FILINu
Number of
STYLE OF CASE ATTORNEYS OFFENSE
Case Month Day Year
-----------j
//-tJ/-/3J't/3 THE STATE OF TEXAS
vs.
d/h md~~
(
State I ( ~./J/
' /!d/ / 017 //
t7J?U~
jJj}J( / d ( &./-I-P./~,1)f?;it:' )K7:4~
f/ 1/ Fee Book
vo. ago
Defendant ;y I
Date of Orders Minute Book
f------,----,-------ll Was ORDERS OF COURT
WITNESSES
Month Day Year ~J~~~Ographer Vol. Page
STATE OF TEXAS
VS. NO. 11,01-13103 .
Cbm((\iC\I w fJ!}~ UtSU(
ORDERS OF COURT Minute BooIc PROCESS
Vol. Page
~ \\
(
THE STATE OF TEXAS )(
COUNTY OF WALLER )(
1, PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller
County, Texas, do hereby certify thal the supplemental record on Petition for Writ of
lvfandamus to the Court ofAppeals for the First Supreme Judicial District of Texas,
Houston, Texas, in Cause 01-14-00630-CR and Waller County Cause No. 11-01-13703,
styled IN RE: DOMINIQUE DONTAE LASKER, to which this certification is attached
and made a part, comprise a true and correct transcript of all the matters and
proceedings had and done in said cause,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this
9th day of October, 2014.
PatJ.Spadachene
PATRICIA JAMES SPADA CHENE
DISTRICT CLERK
WALLER COUNTY, TEXAS
By.__ L;{'~~_
Liz Pi k ,Deputy
SUPPLEMENTAL CLERK'S RECORD
(Petition for Writ of Mandamus) FILED IN
First Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals No. 0 1-14-00631-CR
Trial Court Cause No 11-01-13704 10/9/2014 8:59:19 AM
In the 506th District Court CHRISTOPHER A. PRINE
Clerk
Of Waller County, Texas
Hon. Albert M. McCaig, Jr.
INRE:
DOMINIQUE DONTAE LASKER
Appealed to the
Court of Appeals for the FIRST District of Texas, at Houston, Texas
Relator DOMINIQUE DONT AE LASKER
Attorneys for Relator Frank Blazek
1414 11th Street
Huntsville, Texas 77340
Tel: (936)295-2624
SBOT No.: 02475500
William F. Carter
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
Tel: (979)779-0712
SBOT No.: 03932800
Real Party In Interest The State ofTexas
Attorney for State of Texas/
Real Party In Interest Elton Mathis
Waller County District Attorney
645 1th Street
Hempstead, Texas 77445
Phone: (979) 826-7718
SBOT No. 24014568
Court: 506th Judicial District Court
Judge: Hon. Albert M. McCaig, Jr.
Court Reporter: Robyn Wiley
836 Austin Street, Rm 307
Hempstead, Texas 77445
(979) 921-0921
Delivered to the First Court of Appeals
For the State of Texas
301 Fannin Street
Houston, Texas 77002
The 9th day of October, 2014
PATRICIA J. SPADACHENE
DISTRICT CLERK OF
WALLER COUNTY, TEXAS
By: Lc?l~ ,Deputy
Appellate Court Cause No. 0 1-14-00631-CR
Filed in the First Court of Appeals at Houston, Texas
This the day of , 2014.
By ________________________________, Depury
FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00631-CR
Trial Court Cause No. 11-01-13704
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONT AE LASKER § HOUSTON, TEXAS
PETITION FOR WRIT OF MANDAMUS
SUPPLEMENTAL CLERK'S RECORD, VOL. 1 OF 1
INDEX
VOLUME
Caption 1
Stipulation of Evidence Filed 1010612014 2
Court's Docket Sheet 4
Certification 6
THE STATE OF TEXAS
COUNTY OF WALLER
In the 506th Judicial District Court ofWaller County, Texas, the Honorable Albert M
McCaig, Jr., presiding, the following proceedings were held and the following instruments and
other papers were filed in this cause, to wit:
151 COURT OF APPEAL NO. 01-14-00631-CR
TRIAL COURT CAUSE NO. 11-01-13704
SUPPLEMENTAL CLERK'S RECORD
VOLUME IOF I
INRE § IN THE COURT OF APPEALS
§
§ FIRST DISTRICT
§
DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS
\
CAUSE NO. 11-01-13703
CAUSE NO. 11-01-13704
CAUSE NO. 11-01-13705
THE STATE OF TEXAS §
§
vs. § WALLER COUNTY, T EX A S
§
DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT
STIPULATION OF EVIDENCE
Now come the State of Texas and the Defendant, by and through their undersigned
attorneys, and stipulate that tlie undated State's Response to the Defendant's Motion to
Dismiss, filed marked September 4, 2014, was before the trial court and considered by the trial
court on February ll, 2014. [Clerk's Record pg. 169 in 1st Court of Appeals No. 01-14-00630-
CR (Count l)]
&:i~
DATED September 30, 2014.
ELTON R. MATHIS -----
CRIMINAL DISTRICT ATTORNEY
WALLER COUNTY, TEXAS
State Bar No. 24014568
645 12th Street
Hempstead, Texas 77445
Tel. No. (979) 826-7718
Fax No. (979) 826-7722
SMITHER, MARTIN,
HENDERSON & BLAZEK, P.C.
1414 11th Street
Huntsville, Texas 77340
(936) 295-2624
(936) 294-9784 [Telecopier]
By 310~
I /
Frank Blaz~
State Bar No. 024 75500
PAGE I
STIPULATION OF EVIDENCE
C;\NctSh.,re\FB\CR1M_K-O\l.;~$iker.OD.~ 107.5\~b:mlamwi\Stipulation. of Evid(:nct,,..,d
William F. Carter
State Bar No. 03932800
108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
(979) 779-0712
(979) 779-9243 [Telecopier]
ATTORNEYS FOR DEFENDANT
STIPULATION OF EVIDENCE PAGE2
C:\NctSharc\.FB\Citl M_t(.()\Uuker ,DO.A I075\rvl;u\d~~:mm\Stlpu!O'IIion of Evldcncc,,''Pd
3
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S INC .. DALLAS FORM CLD
DATE OF FILING
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I Case Month Day Year
---------~· J!-tJI-kf1tJ~ THE STATE OF TEXAS
VS. \
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or
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1--------;. I) J
Fee Book
Defendant y I
Date of Orden
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Month Day Year ~~~ographer Vol. ; Page
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STATE OF TEXAS
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(
THE STATE OF TEXAS )(
COUNTY OF WALLER )(
1, PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller
County, Texas, do hereby certify that the supplemental record on Petition for Writ of
Mandamus to the Court ofAppeals for the First Supreme Judicial District of Texas,
Houston, Texas, in Cause OI-14-00632-CR and Waller County Cause No. 11-01-13705,
styled IN RE: DOMINIQUE DONTAE LASKER, to which this certification is attached
and made a part, comprise a true and correct transcript of all the matters and
proceedings had and done in said cause,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this
9th day of October, 2014.
PatJ.Spadachene
PATRICIA JAMES SPADA CHENE
DISTRICT CLERK
WALLER COUNTY, TEXAS
By:
---------------------
Liz Pirkle, Deputy
1
1 REPORTER'S RECORD
2 VOLUME 1 OF 6
FILED IN
1st COURT OF APPEALS
3 COURT OF APPEAL CAUSE NO. 01-14-00631-CR
HOUSTON, TEXAS
COURT OF APPEAL CAUSE NO. 01-14-00632-CR
9/9/2014 1:27:49 PM
4 COURT OF APPEAL CAUSE NO. 01-14-00632-CR
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13703
TRIAL COURT CAUSE NO. 11-01-13704
6 TRIAL COURT CAUSE NO. 11-01-13705
7
8 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
9 )
VS. ) 506TH JUDICIAL DISTRICT
10 )
)
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
)
13 ________________________________)
14
15 --------------------------------------------------
16 MASTER INDEX
17 --------------------------------------------------
18 On the 4th day of June, 2013; 9th day of September,
19 2013; 4th day of November, 2013; and the 11th day of
20 February, 2014, the following proceedings came on to be heard
21 in the above-entitled and numbered cause before the Honorable
22 Albert M. McCaig, Jr., Judge presiding, held in Hempstead,
23 Waller County, Texas:
24 Proceedings reported by Machine Shorthand.
25 Robyn S. Wiley, CSR
2
1 APPEARANCES:
2 ATTORNEY FOR THE STATE OF TEXAS:
3 MR. Elton R. Mathis, Jr.
Criminal District Attorney
4 SBOT#: 24014568
MR. Frederick Edwards
5 SBOT#: 06435100
645 12th Street
6 Hempstead, Texas 77445
Phone: 979.826.7718
7
8 ATTORNEY FOR THE DEFENDANT:
9 MR. FRANK BLAZEK
SBOT#: 02475500
10 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C.
1414 11th Street
11 Huntsville, Texas 77340
Phone: 936.295.2624
12 -and-
MR. WILLIAM F. CARTER
13 Attorney at Law
SBOT#: 03932800
14 108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
15 Phone: 979.779.0712
16
17
18
19
20
21
22
23
24
25
3
1 I N D E X
2 Volume 1 of 6
3 Master Index
4 * * *
5
6 I N D E X
7 Volume 2 of 6
8 Hearing on Appointment of Counsel
9 June 4, 2013 PAGE VOL.
10 Appearances......................................... 2 2
11 Court calls case.................................... 4 2
12 Court discusses w/defendant appointment of attorney. 4 2
13 Discussion regarding motions filed.................. 5 2
14 Proceedings concluded............................... 8 2
15 Reporter's certificate.............................. 9 2
16
17
18
19
20
21
22
23
24
25
4
1 * * *
2 I N D E X
3 Volume 3 of 6
4 HEARING ON MOTIONS
5 September 9, 2013 PAGE VOL.
6 Appearances........................................ 2 3
7 Court calls case................................... 4 3
8 Argument on Motion for Continuance by Mr. Mathis... 5 3
9 Argument on Motion by Mr. Blazek................... 18 3
10 Court's Ruling .................................... 30 3
11 Discussion regarding scheduling, competency exam
12 and disclosure................................ 31 3
13 Proceedings concluded.............................. 36 3
14 Court reporter's certificate....................... 37 3
15
16 * * *
17 I N D E X
18 Volume 4 of 6
19 Motions
20 November 4th, 2013 PAGE VOL.
21 Appearances...................................... 2 4
22 Proceedings...................................... 4 4
23 Proceedings concluded.............................24 4
24 Reporter's certificate............................25 4
25
5
1 * * *
2 I N D E X
3 Volume 5 of 6
4 HEARING ON MOTIONS
5 February 11, 2014 PAGE VOL.
6 Appearances........................................ 2 5
7 Court calls case................................... 4 5
8 Stipulations made by Mr. Edwards................... 5 5
9 Court confirms factual stipulations with counsel... 14 5
10 Off the record discussion.......................... 32 5
11 Proceedings concluded.............................. 36 5
12 Reporter's certificate..............................37 5
13
14 E X H I B I T S
15 Number Description Offered Admitted VOL.
16 State's
17 1 Documents 23 23 5
18 2 Documents 23 23 5
19 3 Letter and Forms 23 23 5
20 4 Letter and Forms 23 23 5
21 5 Judgment 34 34/36 5
22
23
24
25
6
1 * * *
2 VOLUME 6 OF 6
3 E X H I B I T S
4 Number Description Offered Admitted Vol.
5 State's
6 1 Documents 23 23 5
7 2 Documents 23 23 5
8 3 Letter and Forms 23 23 5
9 4 Letter and Forms 23 23 5
10 5 Judgment 34 34/36 5
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7
1 THE STATE OF TEXAS
2 COUNTY OF WALLER
3
4 I, Robyn S. Wiley, Court Reporter in and for the State
5 of Texas, do hereby certify that the above and foregoing
6 contains a true and correct transcription of all portions of
7 evidence and other proceedings requested by counsel of the
8 parties to be included in this volume of the Reporter's
9 record, in the above-styled and numbered cause, all of which
10 occurred in open court and were reported by me.
11 I further certify that the total cost for the
12 preparation of this Reporter's Record is $774.75 and will be
13 paid by County of Waller.
14 WITNESS MY OFFICIAL HAND this the 8th day of September,
15 2014.
16
17
18
19 /s/ Robyn S. Wiley
20 _______________________________
21 ROBYN S. WILEY, CSR NO. 4629
EXPIRATION DATE: 12-31-15
22 OFFICIAL REPORTER FOR WALLER &
GRIMES COUNTIES
23 836 AUSTIN, SUITE 307
HEMPSTEAD, TEXAS 77445
24 TELEPHONE: (979) 921-0921
25
1
1 REPORTER'S RECORD
2 VOLUME 2 OF 6
FILED IN
1st COURT OF APPEALS
3 COURT OF APPEAL NO. 01-14-00630-CR
HOUSTON, TEXAS
COURT OF APPEAL NO. 01-14-00631-CR
9/9/2014 1:27:49 PM
4 COURT OF APPEAL NO. 01-14-00632-CR
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13703
TRIAL COURT CAUSE NO. 11-01-13704
6 TRIAL COURT CAUSE NO. 11-01-13705
7
8 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
9 )
VS. ) 506TH JUDICIAL DISTRICT
10 )
)
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
)
13 ________________________________)
14
15
16 --------------------------------------------------
17 HEARING ON APPOINTMENT OF COUNSEL
18 --------------------------------------------------
19
20 On the 4th day of June, 2013, the following
21 proceedings came on to be heard in the above-entitled and
22 numbered cause before the Honorable Albert M. McCaig, Jr.,
23 Judge presiding, held in Hempstead, Waller County, Texas:
24 Proceedings reported by Machine Shorthand.
25 Robyn S. Wiley, CSR
2
1 APPEARANCES:
2 ATTORNEY FOR THE STATE OF TEXAS:
3 MR. FREDERICK A. EDWARDS, III
Assistant Criminal District Attorney
4 SBOT#: 06435100
645 12th Street
5 Hempstead, Texas 77445
Phone: 979.826.7718
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
1 I N D E X
2 Volume 2 of 6
3 Hearing on Appointment of Counsel
4 June 4, 2013 PAGE
5 Appearances......................................... 2
6 Court calls case.................................... 4
7 Court discusses w/defendant appointment of attorney. 4
8 Discussion regarding motions filed.................. 5
9 Proceedings concluded............................... 8
10 Reporter's certificate.............................. 9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
1 P R O C E E D I N G S
2 (Open court, Defendant present)
3 THE COURT: Court will come to order. This is
4 13703, 13704, 13705; State of Texas v. Dominique Dontae
5 Lasker.
6 Come right up here, Mr. Lasker. Well,
7 Mr. Lasker, we are here today primarily to just get some
8 preliminary matters done. I want to confirm you are, in
9 fact, Dominique -- is it Dontae -- Lasker?
10 THE DEFENDANT: Yes, sir. Yes, sir.
11 THE COURT: Mr. Lasker, you are charged with
12 capital murder in these cases. And what we are here to do
13 today is primarily make sure that you have representation.
14 Do you have an attorney, sir?
15 THE DEFENDANT: No, sir.
16 THE COURT: Do you have the ability to hire an
17 attorney?
18 THE DEFENDANT: No, sir.
19 THE COURT: All right. What we have -- now
20 you have been in custody for some time; is that correct?
21 THE DEFENDANT: (Nods head up and down).
22 THE COURT: I have to have a yes or no. It is
23 on the record.
24 THE DEFENDANT: Yes, sir. Yes, sir.
25 THE COURT: In making the assignment of an
5
1 attorney, Waller County uses what is called the Regional
2 Capital Defender's Project. You will be assigned a
3 two-person capital defense team. And that will consist of
4 Mr. Ronnie Wooten and Ms. Mary Conn. They will be contacting
5 you within the next two or three days. And once we get that
6 done, we will be able to get your case started and moving
7 forward; start taking care of the situation.
8 Mr. Edwards, for the State do you have
9 anything to offer at this time?
10 MR. EDWARDS: Not at this time, Your Honor.
11 THE COURT: All right, sir. Mr. Lasker, we
12 are not going to do the formal arraignment because you are
13 not represented by an attorney and you need to be represented
14 by an attorney in order to get that done. Do you have any
15 further questions, sir?
16 THE DEFENDANT: I need a copy of my
17 indictment and a copy of my docket.
18 THE COURT: All right. Mr. Lasker, there are
19 actually three indictments. Mr. Bailiff, if you'd hand this
20 to the defendant. And what was the other matter that you
21 asked for, sir?
22 THE DEFENDANT: Docket.
23 THE COURT: There actually is no docket
24 entries that have been made at this time. The only thing we
25 have is literally this piece of paper where your name is on
6
1 it that shows that you are here in court today. The court
2 reporter is taking down what we are doing today. So that
3 will consist of the only thing we have currently on the
4 docket.
5 THE DEFENDANT: So what happens to the motions
6 that I sent in?
7 THE COURT: Sir?
8 THE DEFENDANT: I sent in motions.
9 THE COURT: Well, until you are represented by
10 an attorney, I think it would be in your best interest we not
11 have a hearing on those motions.
12 THE DEFENDANT: I want to get heard on those
13 motions.
14 THE COURT: Then we will see what we can do
15 about getting it scheduled. We don't have those motions
16 scheduled right now with proper notices and things such as
17 that, but we will get that -- those attorneys to you and they
18 will be contacting you soon.
19 THE DEFENDANT: So why isn't there an entry
20 for the motions?
21 THE COURT: Sir, I have the file. And I do
22 see that there have been matters that you filed on your own
23 behalf. We are not here to do that today because you are not
24 represented by an attorney. The charges that have been
25 alleged against you are extremely serious. You need to have
7
1 an attorney. And as soon as you have an attorney then we
2 will start taking care of those motions.
3 THE DEFENDANT: Still should be entries on
4 those motions.
5 THE COURT: I'm sorry?
6 THE DEFENDANT: Still should be entries on
7 those motions.
8 THE COURT: I cannot hear you, sir.
9 THE DEFENDANT: There should be entries on
10 those motions.
11 THE COURT: Sir, I have already told you we
12 are not hearing those motions today. We are going to take
13 care of them whenever you have representation. I can't make
14 it any more clearly than that.
15 THE DEFENDANT: It is really not clear to me
16 why there is no entries for the motions I sent in.
17 THE COURT: The State of Texas has pretty
18 fairly established rules, procedures, Code of Criminal
19 Procedure, Rules of Evidence, and all of those matters fully
20 in compliance with the rulings of the Supreme Court of the
21 United States.
22 I assure you will be availed every one of
23 those rights and protections when you have an attorney. And
24 I will be assigning that attorney or those attorneys today.
25 That is what the purpose of today's hearing was, to make sure
8
1 that you have adequate counsel, guidance and support for the
2 serious matters that you are facing.
3 Beyond those motions, do you have any further
4 questions? All right, then. That concludes today's matters.
5 Gentlemen, you may return the defendant to custody.
6 (Proceedings concluded)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
1 THE STATE OF TEXAS
2 COUNTY OF WALLER
3
4 I, Robyn S. Wiley, Court Reporter in and for the State
5 of Texas, do hereby certify that the above and foregoing
6 contains a true and correct transcription of all portions of
7 evidence and other proceedings requested by counsel of the
8 parties to be included in this volume of the Reporter's
9 record, in the above-styled and numbered cause, all of which
10 occurred in open court and were reported by me.
11 I further certify that the total cost for the
12 preparation of this Reporter's Record is $774.75 and was paid
13 by The County of Waller.
14 WITNESS MY OFFICIAL HAND this the 13th day of June,
15 2014.
16
17
18
19 /s/ Robyn S. Wiley
20 _______________________________
21 ROBYN S. WILEY, CSR NO. 4629
EXPIRATION DATE: 12-31-15
22 OFFICIAL REPORTER FOR WALLER &
GRIMES COUNTIES
23 836 AUSTIN, SUITE 307
HEMPSTEAD, TEXAS 77445
24 TELEPHONE: (979) 921-0921
25
1
1 REPORTER'S RECORD
2 VOLUME 3 OF 6
FILED IN
1st COURT OF APPEALS
3 COURT OF APPEAL NO. 01-14-00630-CR
HOUSTON, TEXAS
COURT OF APPEAL NO. 01-14-00631-CR
9/9/2014 1:27:49 PM
4 COURT OF APPEAL NO. 01-14-00632-CR
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13703
TRIAL COURT CAUSE NO. 11-01-13704
6 TRIAL COURT CAUSE NO. 11-01-13705
7
8 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
9 )
VS. ) 506TH JUDICIAL DISTRICT
10 )
)
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
)
13 ________________________________)
14
15
16 --------------------------------------------------
17 HEARING ON MOTIONS
18 --------------------------------------------------
19
20 On the 9th day of September, 2013, the following
21 proceedings came on to be heard in the above-entitled and
22 numbered cause before the Honorable Albert M. McCaig, Jr.,
23 Judge presiding, held in Hempstead, Waller County, Texas:
24 Proceedings reported by Machine Shorthand.
25 Robyn S. Wiley, CSR
2
1 APPEARANCES:
2 ATTORNEY FOR THE STATE OF TEXAS:
3 MR. Elton R. Mathis, Jr.
Criminal District Attorney
4 SBOT#: 24014568
645 12th Street
5 Hempstead, Texas 77445
Phone: 979.826.7718
6
7 ATTORNEY FOR THE DEFENDANT:
8 MR. FRANK BLAZEK
SBOT#: 02475500
9 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C.
1414 11th Street
10 Huntsville, Texas 77340
Phone: 936.295.2624
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
1 I N D E X
2 Volume 3 of 6
3 HEARING ON MOTIONS
4 September 9, 2013 PAGE
5 Appearances........................................ 2
6 Court calls case................................... 4
7 Argument on Motion for Continuance by Mr. Mathis... 5
8 Argument on Motion by Mr. Blazek................... 18
9 Court's Ruling .................................... 30
10 Discussion regarding scheduling, competency exam
11 and disclosure................................ 31
12 Proceedings concluded.............................. 36
13 Court reporter's certificate....................... 37
14
15
16
17
18
19
20
21
22
23
24
25
4
1 P R O C E E D I N G S
2 (Open court, Defendant present)
3 THE COURT: Court will come to order. These
4 are Cause Numbers 13703, 13704 and 13705; State of Texas
5 versus Dominique D. Lasker. And we have for the State of
6 Texas, Mr. Mathis; and for the Defense, Mr. Blazek. I have
7 several matters that I am aware of. I will go through a
8 couple of these and then, Counsel, feel free to add to what
9 we are going to be looking at today.
10 Looking at the first Motion for Continuance
11 filed by the State; the State's Motion for Discovery of
12 expert witnesses; the State's Motion for Competency Exam --
13 that is applicable to all three cases.
14 Then from the Defense I have the Defense's
15 Motion to Exist -- to Dismiss. Exist? I have Motion to
16 Dismiss on each case; Motion for Disclosure of Favorable
17 Evidence. I believe those are the only two in each of the
18 matters from the Defense. Is there anything else we are
19 aware of, Counsel?
20 MR. MATHIS: That is all I know of, Your
21 Honor.
22 MR. BLAZEK: That is all I am aware of, Your
23 Honor.
24 THE COURT: Let's take up the State's First
25 Motion for Continuance first because I think associated with
5
1 that will be Mr. Blazek's Motions to Dismiss. I believe the
2 arguments would be similar for both.
3 MR. MATHIS: Your Honor, do you want me to
4 stand, Your Honor?
5 THE COURT: You may sit. Let's deal with it
6 this way.
7 MR. BLAZEK: Thank you, Your Honor. I
8 appreciate that.
9 MR. MATHIS: Appreciate it, Judge.
10 In Case Numbers 13703 and 13704 and 13705, the
11 State has filed a first Motion for Continuance with Order.
12 Your Honor, I am making the assumption that the Court has
13 read the Motion for Continuance.
14 THE COURT: I have, sir.
15 MR. MATHIS: I will not go back over the
16 procedural history, but we would request the Court to take
17 judicial notice of the allegations that are sworn to in the
18 Motion for Continuance.
19 THE COURT: So noted.
20 MR. MATHIS: The defendant in this case,
21 Mr. Lasker, was charged by indictment with capital murder in
22 two indictments of murder of the first-degree alleged to have
23 occurred on or about March the 11th, 2010, here in Waller
24 County. These indictments were signed on January the 27th,
25 2011, after a lengthy investigation.
6
1 The defendant absconded from the scene, the
2 County, and the State of Texas shortly after the murders.
3 And following the murders the defendant committed an
4 aggravated bank robbery in California and was apprehended.
5 He was sentenced on the resulting charges on December 16th,
6 2011, in the federal court system. On information and
7 belief, the defendant has been instated under federal custody
8 in California since the aggravated bank robbery.
9 The defendant was returned to this
10 jurisdiction on the above-numbered and styled causes on or
11 about May 24th, 2003. And he appeared before this Court for
12 the first time on June the 4th, 2013. This Honorable Court
13 appointed counsel from the Regional Public Defender for
14 capital cases. And the Regional Public Defender refused to
15 accept appointments.
16 The defendant was reassigned court-appointed
17 counsel of Mr. Blazek on June the 6th, 2013. The defendant
18 waived arraignment, entered a not guilty plea on July 15th,
19 2013. And the defendant requested and was granted additional
20 counsel on July 18th, 2013.
21 No discovery of any kind has -- at the time of
22 the filing of this Motion for Continuance, no discovery of
23 any kind has been requested by counsel for the defendant
24 until counsel met together at the D.A.'s office on August
25 28th of this year. No court date has been requested by
7
1 counsel or defendant. There has never been a request for
2 trial or pre-trial dates and no trial date has ever been set
3 by the Court.
4 Prior to the filing of this Motion for
5 Continuance, no motion had been filed by counsel with the
6 exception of a request for additional counsel. To the
7 knowledge of the District Attorney's Office, no request for
8 investigator fees or psychological evaluation has been made
9 by defense counsel and, to the knowledge of the undersigned
10 attorney at the time of the filing of this motion, there was
11 no request to see or inspect the State's file.
12 Defense counsel has not reviewed any evidence
13 in the possession of the D.A.'s office, not reviewed the
14 State's file. On or about June the 12th, 2013, I spoke with
15 the defense counsel, Mr. Blazek, over the telephone regarding
16 this case. As a result of that discussion, it was my belief
17 he was requesting that I put the case on hold pending time
18 for the defense attorney to assemble a mitigation packet to
19 present to me and in an attempt to get me to refrain from
20 seeking the death penalty in the capital case. My office has
21 been actively preparing this case for trial yet not
22 anticipating a trial date in September, 2013.
23 The State's trial case requires the presence
24 of several out-of-state witnesses from various law
25 enforcement agencies in California and Virginia. Given the
8
1 present posture of the case, the State will require more time
2 to coordinate and assure those witnesses' presence. The
3 Defense has not yet designated the expert witnesses it
4 expects to call in their case-in-chief or in sentencing for
5 purposes of mitigation. The State anticipates a significant
6 time necessary to prepare for rebuttal. The State has filed
7 a request for the names and addresses of any such defense
8 experts.
9 The State has filed a motion for the
10 psychological evaluation of the defendant, which has not been
11 heard or completed. In addition, the first assistant
12 district attorney was scheduled for hip replacement surgery
13 on September 3rd, 2013, which has occurred. The recovery
14 time is anticipated to be up to eight weeks. This surgery
15 has already been rescheduled so that the attorney would be
16 able to try the State of Texas versus Taylor McShan.
17 The First Assistant has been primarily
18 involved in the investigation and prosecution of this cause,
19 and to assign the case to another attorney in the office
20 other than the elected district attorney would be a hardship.
21 Defense counsel Blazek and his Motion for the Appointment of
22 Attorneys, Co-defense counsel, indicates this case is complex
23 and requires more than one attorney. That assertion is true
24 on behalf of the State of Texas, as well.
25 The State of Texas has introduced a document
9
1 into the Court's file which indicates the State intends to
2 seek the death penalty in this case. It is anticipated that
3 jury selection and trial of this case could take four to six
4 weeks, possibly more. The defendant in this cause faces a
5 death penalty and has been -- only been represented by
6 counsel for approximately 85 days at the filing of this
7 motion. To proceed to trial at this time or in any time in
8 the near future would be reversible and harmful error.
9 And while acknowledging the existence of Texas
10 Code of Criminal Procedure, Article 51.14, which -- under
11 which this Motion for Continuance is partially based, the
12 undersigned does hereby assert any provisions therein
13 mandating trial by a date certain are impermissibly
14 restrictive or overbroad and violate the Separation of Powers
15 Doctrines of the Texas and/or Federal Constitution.
16 Whether or not a case is ready for trial is
17 based on numerous factors and cannot be reduced to a simple
18 formula that applies equally to Class C misdemeanors and
19 capital felonies. The determination of when a case is ready
20 for trial is in the province of the judiciary, not the
21 legislature. Counsel would further show this is the first
22 request for a continuance by the State of Texas. This
23 request is made in the interest of justice, not for the
24 purpose of delay, but so justice may be done. And that
25 continuance is requested for only as long as necessary.
10
1 Now having said that, Your Honor, this case
2 triggers or involves Code of Criminal Procedure, Article
3 51.14. And I believe Mr. Blazek and I probably are in
4 disagreement over which section of Code of Criminal Procedure
5 Article 51.14 is applicable to this case.
6 I have in front of me, which is also relevant
7 to Mr. Blazek's Motion for the Discovery of Exculpatory
8 Evidence, the original notice and demand to District Attorney
9 or prosecutor for trial or disposition of warrants,
10 informations, detainers or indictments by a federal prisoner,
11 which I will be tendering to him for his review and copying
12 today.
13 And, in addition, accompanying that is the
14 address in which it came, which was from Mr. Dominique Dontae
15 Lasker of the U.S. Penitentiary in Victorville. It was
16 addressed to the District Attorney/Prosecutor's office for
17 Waller County at the old address at which I no longer use for
18 an office at 846 6th Street, Suite 1, Hempstead, Texas 77445.
19 That being said, on the face of the document
20 it was eventually received at our office on July the 19th,
21 2012; and the actual document itself is also stamped received
22 July 19th, 2012, Elton R. Mathis, Waller County District
23 Attorney.
24 THE COURT: Counsel, do you know whether or
25 not that is a copy or the original of the document that is on
11
1 file in the court -- clerk's file?
2 MR. MATHIS: This is an original that was
3 received at my office.
4 THE COURT: Very well, sir.
5 And just so that we will know while we are
6 talking about this, I have printed out a copy of Article
7 51.14 from the Lexis Nexis website, which purports to be
8 accurate. Further?
9 MR. MATHIS: Your Honor, in my speaking with
10 Mr. Blazek, it is my belief that his argument is that his
11 client is here in Texas under Article 3 of -- under Article 3
12 of Article 51.14, the Interstate Agreement on Detainers. It
13 appears based upon the documents that were sent to my office
14 by Mr. Lasker that he was, indeed, attempting to invoke the
15 powers and the timelines created by Article 3 of Article
16 51.14, which would require a trial of this cause within 180
17 days of receipt by the Prosecutor in this case. There are
18 several issues that the State has with that assertion. Those
19 being -- and let me clarify, this goes to Mr. Blazek's Motion
20 to Dismiss.
21 THE COURT: I believe that they are related.
22 MR. MATHIS: Yes, under Article 3. It is the
23 State's position that that issue, his Motion for Dismissal
24 under Article 3, could possibly be -- well, it is. It is a
25 very fact-based determination that the Court needs to make.
12
1 The State's position on that is several
2 things. One, Article 3 requires strict compliance and
3 Mr. Lasker has not engaged in strict compliance that is
4 required in order to invoke the provisions of Article 3. Not
5 all of those are the following: The Request for Notice of
6 Demand that was sent to the D.A.'s office, as already
7 indicated, was not sent to the correct address. It was not
8 sent by certified or registered mail as the law requires.
9 And the most important thing that the State has been able to
10 determine at this point is that the warden of the prison at
11 which he was being held in California had no involvement with
12 his request to be sent to Texas.
13 Now, that is very important because it plays
14 into what the State believes has happened in this case under
15 Article 4. The State received Mr. Lasker's notice on or
16 about July 19th -- on July 19th, as previously indicated;
17 however, immediately prior to receiving that notice the State
18 of Texas through the Sheriff's office and also the District
19 Attorney's office had attempted to get Mr. Lasker back in
20 Texas prior to that date.
21 The D.A.'s office and also the Sheriff's
22 Office were advised by the federal government, the federal
23 prison system in California, that in order to get Mr. Lasker
24 back, we would have to proceed under Article 4. After
25 receiving Mr. Lasker's request on July the 19th, 2012,
13
1 numerous contacts were again made by the Sheriff's office and
2 the District Attorney's office to obtain Mr. Lasker's
3 presence in Texas. At that point, both the Sheriff's Office
4 and the District Attorney's office were informed that we
5 would have to proceed under Article 4, not Article 3.
6 In addition to the document that I previously
7 indicated that I have here for Mr. Blazek's review, I also
8 have various faxes and documents provided by the U.S.
9 Department of Justice Federal Bureau of Prisons to my office,
10 among which are documents indicating that our office on --
11 when we contacted them between July 18th and August of 2012,
12 that we would be required to proceed under -- with IAD Form
13 5.
14 We were sent IAD Form 5, which applies to
15 obtaining possession of a prisoner under Article 4. At that
16 point, our office began proceedings to obtain custody of
17 Mr. Lasker at the direction of the federal government. We
18 filled out the papers that they wanted and that process went
19 back and forth for months. Every time we would send them a
20 form and actually on Article -- the IAD Form 5, that required
21 your signature. And there should be one in your Court's file
22 that we sent to basically get the ball rolling.
23 After that, other forms were sent, sent back.
24 They were summarily rejected. They were missing information.
25 And we finally were able to provide the federal government
14
1 with all the forms they needed sometime, I believe, in May of
2 2013. The Sheriff thereafter was able to go to California,
3 his representatives obtained Mr. Lasker and bring him back
4 here.
5 When -- under Article 4, when he entered
6 Texas, the time provisions would start running because he was
7 now here in Texas under the provisions of Article 4 of --
8 Article 51.14 of the Interstate Agreement on Detainers. That
9 is the basis of why the State of Texas has filed its first
10 Motion for Continuance.
11 It is the position of the State of Texas that
12 Mr. Lasker is not in the State of Texas based upon his
13 attempts at complying with Article 3, which would require
14 trial within 180 days after he shall have cause to be
15 delivered to the prosecuting officer and the appropriate
16 court of the prosecuting officer's jurisdiction, written
17 notice of the place of his imprisonment, and his request for
18 final disposition.
19 It is the State of Texas's position that
20 Article 3 request never happened and his attempts to invoke
21 Article 3 were void for several reasons, which I have already
22 alluded to. One, he did not involve the warden. If the
23 warden was involved, it is not reflective of the documents
24 that have been sent to my office and sent to the Court.
25 That may seem like a -- simply a procedural
15
1 error; however, I believe it's relevant because the fact that
2 the warden was not involved, which Article 3 specifically
3 requires. When the District Attorney's office of Waller
4 County and the Sheriff's Office of Waller County attempted to
5 obtain the possession of Mr. Lasker under Article 5, the
6 warden of the federal prison where he was being detained
7 apparently had no knowledge of Mr. Lasker's request under
8 Article 3. Otherwise, they would not have been requiring the
9 D.A.'s office, the Sheriff's Office, this Court, to engage in
10 the requirements of Article 4 in order to obtain his presence
11 here in Waller County.
12 This is also very important because under
13 Article 3, Section E; a request for final disposition made by
14 a prisoner pursuant to Paragraph A. hereof shall also be
15 deemed to be a Waiver of Extradition with respect to any
16 charge or proceeding contemplated thereby or included therein
17 by reason of Paragraph D. thereof. And the Waiver of
18 Extradition to the receiving state to serve any sentence
19 there imposed upon him after completion of his term of
20 imprisonment in the sending state.
21 This request for final disposition shall also
22 constitute a consent by the prisoner to the production of his
23 body in any Court where his presence may be required in order
24 to effectuate the purposes of this agreement and a further
25 consent voluntarily to be returned to the original place of
16
1 imprisonment in accordance with the provisions of this
2 agreement.
3 Case law is reflective in this area, that if
4 the defendant in a case -- and I will quote the case of
5 Bryant versus State citing Burton versus State. Bryant out
6 of the Court of Appeals, 14th District of Houston; and citing
7 Burton versus State, Texas Appeals out of Dallas, 1991: When
8 an inmate took it upon himself to notify the prosecutor and
9 the Harris County court directly he was responsible for
10 seeing that the notice was sent and the form required by the
11 IAD or the Interstate Agreement on Detainers.
12 Lasker's failure to involve the warden in
13 this process resulted in the entire extradition process going
14 forward under Article 4 rather than it being waived under
15 Article 3. The only person whose fault that is, is
16 Mr. Lasker in this case. If he wanted the protections of
17 Article 3, he should have strictly complied with the
18 provisions and mandates of Article 3, involved the warden,
19 had that sent by certified or registered mail by the
20 warden -- not by himself -- to my office and to the Court.
21 That was not done.
22 The purposes of Article 3 assume that the
23 warden is going to be a valid, large part of this process.
24 Otherwise, you have Pro Se inmate dealing directly with the
25 Prosecutor and a Court. And the person that has custody of
17
1 him has absolutely no idea what is going on. The person that
2 has custody of him has no idea he has waived extradition.
3 And the person who has custody of him is in no way going to
4 release that prisoner unless compliance is had under Article
5 3 or Article 4, which is exactly what the warden in
6 California did. He demanded compliance from the D.A.'s
7 office -- my office, and the Sheriff's office under Article
8 4. And that is how we proceeded.
9 Therefore, Your Honor, it is the State's
10 position that Mr. Lasker is here under Article 4. We
11 acknowledge that under Article 4, there is 120-day
12 requirement that he be brought to trial after his arrival in
13 the receiving state except for good cause shown in open court
14 with the prisoner or his counsel being present, which they
15 both are. The Court having jurisdiction of this matter --
16 which you do -- may grant any necessary or reasonable
17 continuance.
18 At this point, Your Honor, limited to the
19 State's First Motion for Continuance and based on the
20 representations that I have previously made to you regarding
21 the complexity of this case, who is working on this case, and
22 the lack of time preparation on such a serious case by
23 defense attorney, which is in no way a dig at the defense
24 attorney; we are respectfully requesting that Continuance so
25 this case can be properly disposed of and it gets the time
18
1 and the serious reflection and input from the Prosecutor's
2 office and the Defense Attorney that it deserves.
3 THE COURT: Before I pass to Mr. Blazek, one
4 question I do have and I have not been able to answer it:
5 Has the federal system signed on to the Interstate Agreement
6 on Detainers?
7 MR. MATHIS: Yes, Your Honor, because this --
8 these are the forms and the requirements that they were
9 providing to us that they require.
10 THE COURT: I wanted to be sure that we didn't
11 miss one of our critical steps right there. Very well,
12 Mr. Blazek, your argument, sir. We are approaching this both
13 from your Dismissal, as well as his Motion for Continuance.
14 MR. BLAZEK: I will address these concepts
15 together and inform the Court of what I think is important.
16 I agree with one of the key assertions that the District
17 Attorney has made; this is a fact-sensitive issue. There is
18 some law, but the facts are real important and for the IADA
19 to apply, the State of Texas has to have had a detainer
20 lodged against the defendant in the prison in the federal
21 penitentiary based upon his request and the paperwork I have
22 seen in the Court's file. And I think that is true, but we
23 still -- we don't have a stipulation to it. Perhaps we will
24 by the -- but this hearing, the State will stipulate that
25 there was a detainer for each of these cases.
19
1 If there is a detainer, then that gives under
2 the IADA, both the federal government and the State are a
3 party to this law, that gives the defendant the right to
4 request a speedy disposition of all detainers. And there is
5 no doubt that he attempted to do so. And the Court's file --
6 I believe the Court -- the Court's file-marked copy is dated
7 July 16th, 2012. That is when the District Clerk received
8 it. It has all three cause numbers in it, appears to be
9 filled out relatively appropriately. And I think now the
10 D.A. has stipulated that they received their copy on the 19th
11 of July. And the statute says that when both have received
12 it, if it is properly made, then that is when you start the
13 180-day time period.
14 So if the 180-day time period is the law that
15 applies, that is the rule; well, then, I don't think there is
16 anything I can do at this point to waive it. It either has
17 passed or it hasn't passed. It is either is or isn't. This
18 Court will determine based upon all the facts whether or not
19 it does apply. You know, I have made note of the three
20 variances that the -- that the District Attorney has pointed
21 out; that it was sent to the incorrect address.
22 My recollection -- I am trying to think back
23 during the Sessler case, which was I think back in 2012 --
24 that is when the D.A.'s office was moving because I went to
25 the wrong address, too, the first time I went to their
20
1 office, but they had a new office. So, it is understandable
2 that they would send it because that is during the time
3 period that they had made their move.
4 I have not yet -- and there is -- this case
5 law is all over the country -- not all states, but virtually
6 all states are governed by the IADA and the federal
7 government is; and because it is a compact, a federal state
8 compact, they have held individual states cannot interpret
9 this statute differently. It's altogether, you know, it is a
10 one unitary interpretation so the Supreme Court is like the
11 Court of Criminal Appeals in this case. It's not a state law
12 issue.
13 So what I have to do is I have to go through
14 my search of these cases and try to find has any court ruled
15 yet on whether or not sending it to the wrong address and
16 causing a three-day delay invalidates the request. The same
17 with whether it was properly registered or certified mail, as
18 opposed to first-class mail because apparently it came by
19 first-class mail just with stamps on it. And then the last
20 thing is whether or not the request had to be given to the
21 warden. There is no doubt that the statute says that is what
22 you are supposed to do, give it to the warden. I think the
23 prosecution is over-emphasizing the importance of that. It
24 may be that that is important. It may be that some case law
25 already exists that has resolved these things. I hope there
21
1 is. That makes it easier for us, but I don't know the answer
2 to that question.
3 And so, I want to do that research. It is my
4 understanding that either way, whether it is an Article 3 or
5 an Article 4 transfer, you know, it's not just as simple as
6 going and picking him up. You know, the Article 3 says there
7 is a Waiver of Extradition and, indeed, there is; but under
8 Article 4, there is no extradition there either because
9 extradition implies something completely different. These
10 are requests for temporary custody.
11 And even if it's an Article 3, you just can't
12 send a deputy down there to pick him up, he's on his way.
13 That is not enough. There has to be an agreement signed
14 between the authorities in the State of Texas and the
15 authorities of the federal government, the warden's office;
16 whereby the State of Texas agrees that they are bringing him
17 here just for limited purpose. They provide him immunity
18 from other things that might happen. And they agree to
19 return him when the trial is over. That is part of the deal,
20 that they agree to return him. It could be that the Feds
21 would waive their right to get him back on their return,
22 depending upon what happens here.
23 But in theory, a client could come from a
24 federal penitentiary to Texas and be acquitted or be given a
25 shorter sentence. The federal government, they still have
22
1 jurisdiction over him. They haven't waived anything or given
2 up anything; it's kind of like a shared thing. And so that
3 agreement has to be reached.
4 And so, to me, that is what I think the focus
5 or would have been that inevitable situation, I think it's
6 important that we look at the correspondence between the
7 State and the warden to find out exactly what transpired
8 there. And I will just say this by way of a side -- as an
9 illustration. There is a case that is cited in the books.
10 It is Sephus versus State or it might be Ex Parte Sephus -- I
11 can't recall right now -- but Julie Sephus from Leon County.
12 In that case, it wasn't a violation of the
13 time limits, it was a violation of the anti-shuttling
14 provision; gone from the federal penitentiary to Texas back
15 to the federal penitentiary, and then the D.A. of Leon County
16 wanted to get him again. And there the warden of the federal
17 said you can't get him because there is -- there is a
18 provision in there -- in the IADA when Texas gets him for one
19 detainer they get him for all detainers and all must be
20 disposed of before he is returned to the Feds.
21 So that type of correspondence, I think, can
22 be very important in understanding that -- what the case
23 means. Then, of course, in there, then to acquire him they
24 attempted to use a procedure other than the IADA, got him
25 into custody, but the Court of Appeals in Waco, which was
23
1 affirmed -- well, not affirmed but PDR-denied by the Court of
2 Criminal Appeals, said that it didn't matter that the fact
3 that the D.A. used what they called a Writ of Habeas Corpus
4 Ad Prosequendum, was a detainer, he was brought here, and so
5 the IADA applied. I think we do need to get those particular
6 facts.
7 If it turns out that the 180-day rule doesn't
8 apply, if it turns out that one of these three requirements
9 is mandatory and; therefore, his compliance was a mere
10 attempt, and you know they -- there is a case -- it is called
11 Votta -- Joseph Votta -- State of Texas versus Joseph Votta.
12 And there the Court of Criminal Appeals discussed some of the
13 things that happened, which would mean there was a mere
14 attempt. And there, the example they gave, the district
15 clerk never received the original request for disposition.
16 What they did was, they did acknowledge they received a copy
17 of it attached to a Motion to Dismiss. And the intermediate
18 Court of Appeals and the trial court said that was
19 sufficient. Once the trial court was provided a copy of it
20 attached to a Motion to Dismiss, it was on notice that it
21 existed and that is when they started counting the 180 days.
22 And the Court of Criminal Appeals pointed
23 out merely attaching it as a copy is not enough. You
24 actually have to send the request to the Court, not being a
25 mere exhibit to a Motion to Dismiss, and they held that the
24
1 IADA didn't -- wasn't properly made and; therefore, didn't
2 apply in that case.
3 To me, it suggests that if you have to go
4 that far, you know, there was obviously no correspondence
5 between the warden -- there were all -- they didn't mention
6 these others, they had a much greater claim. Who knows what
7 the Courts would say ultimately on this. But I give that as
8 an example.
9 Then if that doesn't apply, then the 120-day
10 rule applies. Based upon my count of that we have 11 more
11 days, I think. And there is into setting yet. And so, I for
12 one don't want to do anything that would constitute a waiver
13 of my client's rights. And so, I am going to be very
14 careful.
15 With regard to facts asserted in the Motion
16 for Continuance and, you know, I certainly didn't have a
17 court reporter transcribing anything I or Mr. Mathis said
18 back on about June the 12th. I did make notes of my
19 conversation with him. And I don't recall saying anything
20 about putting anything on hold. I do recall being somewhat
21 apprehensive about the issue of the IADA. I did ask
22 Mr. Mathis, How did y'all get him here? What was the
23 mechanism of him getting him here? He mentioned something
24 about filling out a lot of forms, and I was already on notice
25 that the IADA may be applicable in this case. I knew at that
25
1 point -- I wasn't going to say or ask anything about a delay
2 until I knew more information.
3 In terms of -- there were -- discussed about
4 informal discovery. He informed me about a confession that
5 he believed my client had made. We discussed generally him
6 locating that, getting me a copy of it. There were no time
7 limits set, there were no specific demands. I've certainly
8 not gone to the Court for any discovery. More recently, I
9 found out from him in addition to the confession the State
10 believes that they have, they believe that the weapon that
11 was used in this case was also used in the aggravated robbery
12 case. So we have had some informal discovery, so I think I
13 know a little bit about the evidence, but obviously there's a
14 lot more I need to learn but I don't want to waive anything.
15 And, at this point, you know, I am always
16 interested if there could be mutual benefit about trading
17 things, but I don't want to give up anything. And so, I
18 would imagine this Court, if it chose to, could make a
19 preliminary ruling or make a final ruling on it and say
20 that's it, we're not going to come back and address it any
21 more and just rule that he never made a request under Article
22 3. Or it can make a preliminary ruling or could just say, I
23 want to get all the facts and make a ruling at the right
24 time.
25 And I believe the District Attorney has
26
1 already indicated that they are going to supply me with more
2 information in my Request for Disclosure of Favorable
3 Evidence, that they intend to supply me with evidence. I
4 assume the correspondence they have had with the warden as
5 well as, you know, the documents relating to Request for
6 Early Disposition filed by my client. So that is where we
7 stand at this point on both of these issues. It may be
8 premature to rule on the Motion to Dismiss unless the Court
9 feels that it has enough. But, at this point, we just don't
10 want to waive anything. We want to assert our rights and
11 make sure we are not waiving anything.
12 THE COURT: Well, I think it's important for
13 the record to reflect that whenever the Clerk received this
14 back in July of 2012 -- it was actually presented to me and
15 due to the nature of the case, I took note of it, special
16 note of it. And, at that time, had done a cursory view of
17 the Article 51.14 as it existed at the time. And there is a
18 sticky-note in the file that you may have seen or counsel has
19 seen that said no action at this time, has my initials on it.
20 And the reason behind that being that at the
21 time I did not feel that we had reached the point where this
22 had become a formal matter, simply because in that reading of
23 Article 3, I saw no evidence of the Department of
24 Corrections for the federal, the warden to be involved. So I
25 do place a lot of credence in what Mr. Mathis has said in his
27
1 argument about why the warden should be involved in this
2 communications loop because it does make not only legal
3 sense, but logical sense that if the warden doesn't know
4 about it and he has got some sort of Waiver of Extradition or
5 he has got an inmate trying to do things outside his normal
6 chain of communications, that would be a concern for a
7 warden.
8 So I think what I would be most comfortable
9 doing was allowing you to defer the ruling on your Motion to
10 Dismiss and not hold it against you should we reach past that
11 120 days. And so, my ruling here on the record would be that
12 I will take that under advisement until such time as you have
13 had an opportunity to create a fact trail from what we have
14 here. And I believe that with the cordiality and
15 congeniality of counsel, and I know you are both very
16 competent, both been in my courts uncountable times. I know
17 you will be able to work through the stipulation as to what
18 facts Mr. Mathis's files reflects and what they don't.
19 And so, I will allow you to do that and brief
20 that and not hold any of these dates against you in doing
21 that. But, at the same time, I will grant the State's Motion
22 for Continuance so that in the record and formally we will
23 not have triggered inadvertently either 180 or 120 day until
24 we can have sorted out what the IADA intends to say through
25 the case law or any rulings that may be available there.
28
1 So with that, what we need to do is determine
2 and, again, Mr. Blazek, without you waiving anything of your
3 client's position and should you wish to do intermediate
4 appeals and so forth, I understand the necessity; but what we
5 need to determine is what sort of schedule we need between
6 now and a trial date and how long we think it will take us to
7 prepare for that and get ourselves set to go.
8 And looking just in a preliminary -- we'll get
9 to these other matters later -- just looking at preliminary
10 dates, and let's just make an assumption that may or may not
11 be accurate, the State of Texas has asked for an Examination
12 on Competency. I will allow you to argue that for or
13 against, but should I be disposed to grant that, that
14 normally takes a minimum of 30 days and due to the complexity
15 of the case, it may even take longer. The very earliest I
16 could see us being able to do the next preliminary hearing in
17 this matter would be the early part of November.
18 And simply because in October, I have a
19 two-week capital murder trial scheduled in Grimes County that
20 is going to occupy my time during that period of time. If
21 the capital doesn't, I have a first-degree, minimum 25 to
22 life, child sexual -- continuous sexual assault we will try
23 over there, which is also a two-week case. I have either for
24 coming back for matters here November 4th in the morning or a
25 November 8th in the morning. And I am not going to hold your
29
1 feet to the fire at this point, but if you would check your
2 calendars and get with my coordinator, we will try to get
3 that put into the calendar as soon as we can.
4 And then, Mr. Blazek, you may be able to tell
5 me how long it's going to take to get your mitigation set up
6 and ready to try this case. And, again, without waiving
7 anything, if it is likely to be this year or likely to be
8 after the first of the year, I need to start getting you on
9 there and a time period to make that work.
10 MR. BLAZEK: Judge, you are exactly right. You
11 pointed out the dilemma that the Defense faces. On the one
12 hand, a typical capital case we would be asking for as much
13 time as you could conceive to give us to get ready. But, on
14 the other hand, if I ask for that time, I may be waiving
15 certain rights. In addition to the 180-day, which I think we
16 are probably safe there in not waiving the 180-day claim
17 because the 180 days has already lapsed. If it is violated,
18 it is violated.
19 For the 120 days, 120-day timeline there's an
20 issue there for us that we don't want to waive. There is
21 another issue. And that is his Sixth Amendment right to a
22 speedy trial, which there is no particular time limit there,
23 just a reasonable time. And there, there is no particular
24 format for demanding the request or the failure to contact
25 the warden wouldn't in any way diminish the value of his
30
1 Request for a Speedy Disposition there. So we at least have
2 on file a Sixth Amendment Demand for Speedy Trial. And so,
3 and he has been in custody all this time. So those are
4 issues that I need to weigh in looking at that.
5 And so what initially -- what my answer to the
6 Court is, I will do my best to clear my schedule and to be
7 ready for any date that the Court or the State gives us. And
8 there may be a particular need for delay later on that we
9 would assert. But, at this time, I can't assert or request
10 any delay without conferring with my client and letting him
11 know the significance of it.
12 And so, I don't know of any conflict. I know
13 my schedule pretty close. I would suspect I would have no
14 conflict in my schedule for either November 4th or 8th. Both
15 of those are pretty far in advance. I don't know of anything
16 coming up that would say I wouldn't be available for those
17 two dates. So the only objection I would have to them is
18 that they are -- they deny my client his rights under the
19 IADA and the Constitutional Right to a Speedy Trial.
20 THE COURT: Well, I think I owe it to you for
21 clarity right now to give you the grounds that as a
22 preliminary ruling. I am using Article 4 of IADA to grant
23 the State's Request for the Continuance because I do find
24 good grounds. And that good grounds being the delay in
25 getting Mr. Lasker back here; the seriousness of the charges
31
1 against him; the availability of him being provided adequate
2 and proper counsel; the complexity that has been represented
3 to me of this case. And for all of those reasons and there
4 may well be further reasons upon study of this, I do find we
5 have the good grounds that would be found under Article 4
6 for the Continuance.
7 Then having said that, and because of the
8 situation we find us in, you needing to do some research, the
9 fact trail, and whatever factual stipulations or testimony,
10 and again without waiving anything; I think if we can set it
11 up for the November 4th date at 10:00 o'clock.
12 And, frankly, Mr. Blazek, if you go back to
13 your office and Marilyn says, Can't do it. If we need to
14 move it to the 8th, it is okay. But we will set it for the
15 10:00 o'clock on the 4th of November for argument on your
16 Motion. And should we need an earlier motion than that,
17 certainly contact Susie. That would be same for you,
18 Mr. Mathis, contact the coordinator, and we will find a
19 Saturday morning we can all gather and meet, but we will do
20 it.
21 That handles right now -- the Continuance is
22 granted. Your Motions to Dismiss are taken under advisement
23 pending further arguments and research.
24 MR. MATHIS: Your Honor, may I just interject,
25 I personally think it would be a good idea if we went ahead
32
1 and had a preliminary trial date set. Article 4 and Article
2 3 both assume that multiple continuances can be granted but
3 at this point because we are dealing with a mandate that
4 trial occur, I believe it would behoove the Court, behoove
5 the State, to actually go ahead and set an initial trial date
6 that could be adjusted later on, if necessary.
7 THE COURT: Susie, would you come up with a
8 February/March, 2014 window for me. That will give us
9 approximately six months preparation time. That would also
10 be allowing a minimum of a four-week window for the
11 individual voir dire selection, and then two weeks for a
12 trial itself.
13 INVESTIGATOR WOOLLEY: February trial week?
14 THE COURT: When is that?
15 INVESTIGATOR WOOLLEY: February 3rd through
16 7th.
17 THE COURT: Probably going to be after that
18 because this is a special venire we will bring in. I will
19 just clear all the rest of my junk out, get a visiting judge
20 for everything else.
21 While she's looking at that, I have the
22 State's Motion for Examination for Incompetency and the
23 allegations have been made in the State's motion. Just on
24 the bare allegations -- we will come back to that in just a
25 moment. Thank you, ma'am.
33
1 MS. SCHUBERT: That's our calendar.
2 THE COURT: Gentlemen, it appears the best
3 time frame to look at this would be from February 24th,
4 bringing in the special venire at that point and then having
5 the week of the 24th, week of March 3rd, and then expecting
6 to present testimony the weeks of March 10 and 17th. And we
7 can certainly go longer should we need to beyond that.
8 So let's set this matter for trial on February
9 24th. We will back up from that. We already have the
10 November 4th pre-trial. And there will be a January
11 pre-trial we will set at the November hearing. And we will
12 grant any additional early February pre-trials that we may
13 find that we need after the January pre-trial.
14 MR. BLAZEK: In response on behalf of the
15 Defense, Your Honor, I don't think those dates present any
16 conflict with my schedule. We should be able to accommodate
17 those. We will do our very best to be ready for trial on
18 those dates. But I would object to setting those dates
19 outside the 120-day, 180-day limit and that the setting of a
20 trial date under these circumstances violates the Interstate
21 Agreement on Detainers, as well as the Sixth Amendment Right
22 to Speedy Trial.
23 THE COURT: Thank you, Counsel. It is so
24 noted and taken into consideration.
25 All right. Moving on to the matter we were
34
1 about to address on the competency issue, I have reviewed the
2 State's motion and I am not sure that I have seen a response,
3 Mr. Blazek, as far as the Motion for Competency Examination.
4 MR. BLAZEK: I had filed a response. We would
5 object to it. We don't think that any of these suggestions
6 of purported facts by the D.A. give rise to an issue of
7 competency. And I know this, that if at any time an issue of
8 competency arises, I am not slow to request help. Usually
9 the first help I request in a capital case is to get a
10 consulting mental health professional to work with me and we
11 will do our own. And then if that gives rise to something,
12 then we'd ask for the independent examination. But, at this
13 time, I would object to the appointment of the independent
14 mental health examiner.
15 THE COURT: I think your argument is well
16 taken. Knowing generally how capital cases work and how you
17 work, I would anticipate seeing some motions in the near term
18 in camera for various resources.
19 All right. For the Disclosure of Favorable
20 Evidence for both sides; frankly, we are not there yet so far
21 as the new discovery laws that are going to go into effect on
22 January 1st. Court has a standing policy on discovery. And
23 while you may not have seen the Waller County version, I
24 assure you it is virtually identical to the Grimes County
25 version, has obligations for both the Defense and the State.
35
1 What I would prefer to do is go ahead and sign
2 that Standard Discovery Order for all three of these matters.
3 And then should there be further discovery that is required,
4 if each side, both the State and the Defense, would file
5 those requests with the Court identifying how those requests
6 may differ from the Standard Discovery Order, then that may
7 alleviate that.
8 Susie, would you go get me three copies of
9 that, please, ma'am. We will go ahead and get those filed
10 today. And that may then oviate any further rulings on the
11 discovery today.
12 Anything further from the State?
13 MR. MATHIS: No, Your Honor. Other than I
14 will, again, make those representations that prior to
15 Mr. Blazek leaving today, I will make available to him copies
16 of the Notice and Demand that was sent to our office and
17 copies of the Certificate of Service; a copy of a document
18 the top of which indicates Sentence Monitoring Computation
19 Data as of 4/4/2012; and the letter that these documents came
20 to -- to our office for his -- I will make sure he gets a
21 true and correct copy of all of those. In addition, the
22 D.A.'s office did receive a certified letter from Mr. Lasker
23 on April 8th of this year demanding that his cases be
24 dismissed. And, again, I will provide him -- as in "him" --
25 the defense attorney, copies of what was in that letter from
36
1 Mr. Lasker. I believe both are relevant to the cause and the
2 issues that he is concerned about.
3 THE COURT: I think that will work. You know,
4 taking the presumption and I think we all deal with it, that
5 death is different. We handle it carefully and we should all
6 handle it very carefully. Even though you will provide those
7 today, let's move ourselves into the realm of what we are
8 going to be doing with discovery in the future and just
9 prepare a log of what you do provide for him that we can
10 place into the record and be no confusion as to what was
11 actually tendered. Like I said, I know both of you. I know
12 the cordiality and congeniality will continue. But I do want
13 a very complete record on the case.
14 Further, Mr. Blazek?
15 MR. BLAZEK: Nothing further, Your Honor.
16 THE COURT: Very well. Susie has those forms
17 for me. I am going to sign those. And you will each receive
18 your copies of those. There being nothing further before the
19 Court, we stand adjourned.
20 (Proceedings concluded, 5:15 p.m.)
21
22
23
24
25
37
1 THE STATE OF TEXAS
2 COUNTY OF WALLER
3
4 I, Robyn S. Wiley, Court Reporter in and for the State
5 of Texas, do hereby certify that the above and foregoing
6 contains a true and correct transcription of all portions of
7 evidence and other proceedings requested by counsel of the
8 parties to be included in this volume of the Reporter's
9 record, in the above-styled and numbered cause, all of which
10 occurred in open court and were reported by me.
11 I further certify that the total cost for the
12 preparation of this Reporter's Record is $774.75 and was paid
13 by County of Waller.
14 WITNESS MY OFFICIAL HAND this the 13th day of June,
15 2014.
16
17
18
19 /s/ Robyn S. Wiley
20 _______________________________
21 ROBYN S. WILEY, CSR NO. 4629
EXPIRATION DATE: 12-31-15
22 OFFICIAL REPORTER FOR WALLER &
GRIMES COUNTIES
23 836 AUSTIN, SUITE 307
HEMPSTEAD, TEXAS 77445
24 TELEPHONE: (979) 921-0921
25
1
1 REPORTER'S RECORD
2 VOLUME 4 OF 6 VOLUMES
FILED IN
1st COURT OF APPEALS
3 TRIAL COURT CAUSE NO. 11-01-13703HOUSTON, TEXAS
9/9/2014 1:27:49 PM
4 TRIAL COURT CAUSE NO. 11-01-13704
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13705
6 COURT OF APPEALS NO. 01-14-00630-CR
7 COURT OF APPEALS NO. 01-14-00631-CR
8 COURT OF APPEALS NO. 01-14-00632-CR
9
THE STATE OF TEXAS ) IN THE DISTRICT COURT
10 )
VS ) 506TH JUDICIAL DISTRICT
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
13
14 **************************************
15 HEARING ON MOTIONS
16 **************************************
17 On the 4th day of November, 2013 the following
18 proceedings came on to be heard in the above-entitled
19 and numbered cause before the Honorable Albert M.
20 McCaig, Jr., presiding, held in Hempstead, Waller
21 County, Texas:
22 Proceedings reported by machine shorthand.
23
24
25
Sheila A. May (979)826-7762
2
1 A P P E A R A N C E S
2 Mr. Elton R. Mathis
3 SBOT No. 24014568
4 Waller County Criminal District Attorney's Office
5 645 12th Street
6 Hempstead, Texas 77445
7 (979) 826-7718
8 Attorneys for the State
9
10 Mr. Frank Blazek
11 SBOT No. 0247550
12 Smither, Martin, Henderson & Blazek, P.C.
13 1414 11th Street
14 Huntsville, Texas 77340
15 (936) 295-2624
16 Attorney for the Defendant
17
18 Mr. William F. Carter
19 SBOT No. 03932800
20 Attorney at Law
21 108 East William J. Bryan Parkway
22 Bryan, Texas 77803-5334
23 (979) 779-0712
24 Attorney for the Defendant
25
Sheila A. May (979)826-7762
3
1 INDEX
2 VOLUME 4 OF VOLUME 6
3 MOTIONS
4 November 4th, 2013 Page Vol.
5 Appearances.............................. 2 4
6 Proceedings.............................. 4 4
7 Proceedings Concluded.................... 24 4
8 Reporter's Certificate................... 25 4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sheila A. May (979)826-7762
4
1 THE COURT: All right. These are Cause
2 Nos. 13703, 13704, and 13705. The State of Texas versus
3 Dominique D. Lasker. And let the record reflect that
4 the attorneys for the state and for the defense are
5 present in the courtroom. The defendant is in the
6 courtroom. We're here today, gentlemen, for our motions
7 and discuss the procedures and matters that are before
8 the Court. And I believe Mr. Carter, Mr. Blazek you
9 have filed a recent motion; is that correct?
10 MR. BLAZEK: Yes, Judge, we have. We
11 filed a first amended motion to dismiss and,
12 unfortunately, when I attempted to serve a copy on the
13 state we sent it to the wrong fax number. And, so, I
14 kept confirmation that it was faxed, but they didn't get
15 it until this morning because it was faxed to the wrong
16 number and that's my office's fault. And we've
17 discussed it and I think we have an agreement as to how
18 to proceed on that motion.
19 We think that we're going to be able to
20 submit to the Court some agreed stipulations as to
21 certain relevant facts and that we would attach exhibits
22 and have those marked and that we would submit in the
23 near future some hammered out stipulations. I made a
24 rough draft of the stipulations I need, but they're not
25 finalized. And they're going to have some stipulations
Sheila A. May (979)826-7762
5
1 that they want as well. And then from the gist of the
2 -- I think we're going to be able to agree to those. I
3 don't think we'll need to have live testimony. And if
4 that's the case then what we'll do with the Court's
5 permission is just submit this to the Court in writing
6 within the next, say, fifteen some days. Is that --
7 Mr. Mathis?
8 So, within the next fifteen days and then
9 let the Court rule on it at that time after the Court's
10 had a chance to review the written materials and that's
11 the only motion we have filed. I have an ex parte
12 motion to try to get some funding -- an expert, some
13 assistance that I'd like to discuss with the Court ex
14 parte.
15 THE COURT: Very well. That's good that
16 you have the ex parte one because that was on my list.
17 Mr. Mathis, any response on Mr. Blazek's statement?
18 MR. MATHIS: Judge, other than a little
19 bit of confusion that was caused by us not getting the
20 motion today we'll -- a little bit -- now understand
21 what Mr. Blazek wanted to talk about today. I concur
22 with him that we should be able to reach some
23 stipulations more in the nature of "x" document was
24 received on "x" date as opposed to titling any documents
25 or giving them any legal meaning on their own as far as
Sheila A. May (979)826-7762
6
1 what we're calling them. And that's correct, the state
2 will also have I'm sure several documents that we will
3 want to have stipulated as well, "x" document was
4 received by the state on "x" day and so forth. So, I do
5 believe fifteen days is plenty of time for us to reach
6 those agreements with each other and submit those to the
7 Court.
8 THE COURT: All right. Then aside from
9 the actual scheduling is there anything else from the
10 defense standpoint that needed to be covered today?
11 MR. BLAZEK: No, Your Honor. I'd like to
12 visit ex parte with you.
13 THE COURT: We'll do that. Once we've
14 broken here we'll go into chambers and take care of
15 those matters unless you need a record.
16 MR. BLAZEK: No.
17 THE COURT: All right. I didn't think
18 so. Well, let's talk about our schedule. Currently we
19 have this matter set for a two-week trial period on
20 February 24th for jury trial. Due to the nature of the
21 case, I would think that a pre-trial hearing would be in
22 order sometime in February. I have an available date
23 February 14th, which puts us only ten days out from the
24 actual time. And by that time we will have already
25 issued our jury notices. And so, what I'm looking at on
Sheila A. May (979)826-7762
7
1 that is -- and, certainly, I don't expect the defense or
2 the state either one to give any trial strategies as
3 we're trying to do our planning here. Are we
4 anticipating jury questionnaires?
5 MR. BLAZEK: Yes. Judge, the state has
6 given us notice that they intend to seek the death
7 penalty and in light of that I expect that we will
8 request jury questionnaires. As preliminary matters, I
9 see some issues arising and I -- we have to disclose
10 some trial strategy just to explain why we're proceeding
11 the way we are. I think at this point for purposes of
12 scheduling and the Interstate Agreement on Detainers I
13 believe that my client's rights are fully perfected. I
14 don't think there's anything that this Court can do now
15 to cure whatever may have happened prior to this date.
16 So, from this date forward I don't --
17 what I'm saying is I'm not waiving or acquiescing or
18 erasing anything that's happened so far. We believe
19 that claim is perfected under the IADA and the speedy
20 trial rights there. Going hence forward from that date,
21 what we expect to do depending upon the Court's ruling
22 on our motion if the Court grants the IADA motion, I
23 expect the state will appeal. If the Court denies our
24 IADA motion I don't believe I have a right to appeal
25 under the Ex Parte Doster case. The Court of Criminal
Sheila A. May (979)826-7762
8
1 Appeals has held that even if I had filed a Writ of
2 Habeas Corpus rather than a pretrial motion and received
3 an adverse ruling that it is not the kind of matter that
4 can be appealed interlocutory, the denial of that
5 motion. I do believe that if I could establish that
6 it's a mere ministerial act, that it's not an act of
7 discretion, then I think a Petition for a Writ of
8 Mandamus might be proper. So, I think if this Court
9 grants it, the state I believe will appeal. If the
10 Court denies it, I would expect that we will file an
11 application for Writ of Mandamus to some higher court.
12 On other issues here, I see one -- I
13 believe there probably is going to be a Motion to
14 Suppress the custodial statement that the state has
15 given us and at some point we probably want to have that
16 heard prior to trial. There will probably be some
17 determinations of some expert testimony. I think the
18 state might have some DNA testimony. They certainly
19 will have some forensic testimony about the firearm and
20 the -- whether or not the gun that was used in the
21 homicide was the same as in the robbery in California.
22 And that would probably best be resolved by some sort of
23 pretrial Daubert hearing. And so, those are the only
24 two preliminary matters.
25 And in terms of trial scheduling, I'm
Sheila A. May (979)826-7762
9
1 not -- Mr. Carter was going to tell me something about
2 his trial. He had something, but did that get resolved,
3 Billy, your thing in Brazos County?
4 MR. CARTER: No.
5 MR. BLAZEK: So that's -- so Billy --
6 I'll let Billy address that.
7 MR. CARTER: Judge, right now Michelle
8 Esparza and I are involved in a death penalty re-trial
9 at punishment only. It's in Judge Smith's court that's
10 been set for March. Now, whether it's in stone or not
11 we're not sure, but it's been set months ago. I think
12 we -- the first week or second week in March, if it goes
13 and he has not said it's not going yet. And we're
14 having some preliminary matters on it that we've got to
15 take care of, but -- and that's a re-trial of a
16 punishment case only.
17 THE COURT: What I may need, Mr. Carter,
18 get me the number and style of that. I certainly don't
19 mind talking with Judge Smith, have a good relationship
20 with him, and letting him know what we're facing in the
21 way of our scheduling.
22 MR. CARTER: Okay.
23 THE COURT: And the time problems --
24 MR. CARTER: All right.
25 THE COURT: -- that we have on this case
Sheila A. May (979)826-7762
10
1 so that we don't put you and Ms. Esparza in the middle.
2 It would be Judge Smith and I that work out the details
3 of that. Do you know whether or not there is a time
4 exigency on that case?
5 MR. CARTER: No.
6 THE COURT: Okay.
7 MR. CARTER: In fact, Judge, there's some
8 DNA issues that we just filed a motion about a week ago
9 requesting some DNA testing be done under the new law.
10 And we feel like if that takes place we won't be trying
11 that case until sometime next fall, but right now it's
12 set and nothing's been changed as of yet. And the state
13 has joined in the motion we filed -- they don't oppose
14 the motion. They joined -- they don't oppose the motion
15 requesting DNA testing to be done.
16 THE COURT: I think based upon that we'll
17 go ahead and keep our schedule as it looks like.
18 MR. CARTER: All right.
19 THE COURT: I will talk to Judge Smith
20 and just to be sure --
21 MR. CARTER: Okay.
22 THE COURT: -- that we're not running
23 into placing you and Ms. Esparza in any sort of
24 predicament on that. I had anticipated and kind of
25 getting back into maybe we ought to talk about this
Sheila A. May (979)826-7762
11
1 motion just a little bit more. We talked about the
2 stipulations that you're going to be filing in talking
3 about that. Are you going to do this motion that you
4 filed on the 30th, the First Amended Motion to Dismiss,
5 is that going to be done under a Notice of Submission or
6 do you wish to do that under a hearing or with a
7 hearing?
8 MR. BLAZEK: Well, I think the Notice of
9 Submission is what we're -- we could do it in writing.
10 THE COURT: Right.
11 MR. BLAZEK: We can get our stipulations
12 together.
13 THE COURT: Okay.
14 MR. BLAZEK: And if we can't work out the
15 stipulations we come back to the Court and request a
16 hearing and put on live testimony about the facts we
17 intend to prove, but I'm thinking --
18 THE COURT: I guess I was looking at it
19 separately. I was looking at the dismissal -- your
20 Motion to Dismiss as a separate issue from the
21 stipulations, but apparently that's incorrect?
22 MR. BLAZEK: The stipulations we're
23 talking about relate to the Motion to Dismiss.
24 THE COURT: Okay. I see that. Then,
25 yes --
Sheila A. May (979)826-7762
12
1 MR. MATHIS: I concur, Your Honor. It's
2 my understanding the stipulations are to aid the Court
3 in deciding his First Amended Motion to Dismiss.
4 THE COURT: All right. I'm now with you.
5 Simply because we have a lot of moving parts, I would
6 like to go ahead and at least do our planning to get us
7 a motions date for the Motion to Suppress. Would the
8 parties be ready on a Motion to Suppress say on January
9 22nd? And we can look at some other dates earlier in
10 the month, as well.
11 MR. BLAZEK: Judge, I think we could be
12 ready on those dates, you know. You tell us what day
13 and we'll try to -- I don't see any conflict. I've got
14 my January 22nd calendar up and I don't see any conflict
15 with that date.
16 THE COURT: Having a conversation here
17 with my scheduling and court coordinator. Do you have
18 any estimate as to how long it might take?
19 MR. BLAZEK: Well, I think the Court is
20 going to have to listen -- this -- part of the basis of
21 the -- Judge, can I sit down while I'm talking?
22 THE COURT: Please do. We'll --
23 MR. BLAZEK: My old knees.
24 THE COURT: This is substantive, this is
25 not form.
Sheila A. May (979)826-7762
13
1 MR. BLAZEK: Thank you. I appreciate
2 that. This is going to require listening to the
3 statement. It's a lengthy statement. And part of the
4 Motion to Suppress is going to be based on the defense
5 assertion that it's not a recording of the defendant's
6 voice, that it's merely a recording of officers
7 repeating what they claim the defendant said and, of
8 course, one of the requirements of 38.22 is that the
9 statement has to be either in writing or recorded.
10 Well, they've done a good job of recording most of what
11 the officers said, that's very audible, but I think most
12 of what the defendant said is -- was not recorded.
13 And then there will be some dispute where
14 some of it might arguably be recorded and might not, but
15 I think a lot of it the Court will agree with us wasn't
16 recorded at all. Some arguably was recorded and some
17 was recorded (sic). And so, the Court's going to have
18 to make a decision and we're going to have to point out
19 time period by time period why we're objecting to the
20 admission of certain things. And a lot of it we're
21 going to be objecting to comments made by the officers
22 on the tape claiming to be repeating what the defendant
23 said. So, it will take some time.
24 THE COURT: From a logistic standpoint,
25 Mr. Mathis, having not seen nor heard any of this are we
Sheila A. May (979)826-7762
14
1 dealing with the quality of the reproduction and, if so,
2 have we attempted an enhancement of the tape or
3 recording?
4 MR. MATHIS: Yes, Your Honor, an
5 enhancement has been made and that was what was tendered
6 to Mr. Blazek.
7 THE COURT: All right. So, we've got
8 about as good as we're going to get, is that what your
9 feeling is?
10 MR. MATHIS: Yes, Your Honor.
11 THE COURT: All right. That being the
12 case and because we may be dealing with creatively an
13 edited version, I may be leaning toward moving that to a
14 little earlier in January to give us enough time because
15 I don't want to -- for instance, make some rulings that
16 this and this and this is excluded and then we have a
17 logistics problem of simply doing the redacted, edited
18 portion.
19 MR. MATHIS: Your Honor, January is
20 pretty open as you would know --
21 THE COURT: Sure.
22 MR. MATHIS: -- for us.
23 THE COURT: How about either the 6th or
24 the 10th, Mr. Blazek? I'm just concerned about if we
25 move it to the end of January running out of time.
Sheila A. May (979)826-7762
15
1 MR. BLAZEK: Well, now another issue just
2 arose. I did not realize -- maybe it was by oversight
3 or -- what I -- I thought I had the original or a copy
4 of the original. I didn't realize I had an enhanced
5 copy. And so, that raises an issue in my mind what do I
6 need to do to get ready now. Do I need to take a look
7 at both the original and the enhanced to see if the
8 enhancement made it better or worse? You know,
9 sometimes when you enhance one person's improvement is
10 another person's distortion. And so, that -- I may have
11 to -- I don't know if I'm going to be ready early in
12 January. I may have to -- because I may have to get
13 some help with a third party to help me take a look at
14 that tape to determine whether or not the enhancement
15 helps or hurts; find out what's really on there. It's
16 just an audio. It's not a video. I'm right about that,
17 Mr. Mathis, right?
18 MR. MATHIS: Yes, it's audio.
19 THE COURT: Okay.
20 MR. BLAZEK: So -- but I will do my best.
21 If you give me a date, I'll do my best to get -- to be
22 prepared for that date.
23 THE COURT: Let's set the suppression
24 hearing for January 10th. Unfortunately, that's a
25 Friday, but fortunately for a lot of folks Fridays are
Sheila A. May (979)826-7762
16
1 clear. And that will be a little bit of a compromise so
2 that it will give us another couple of weeks should we
3 need to create an edited version of that. I realize it
4 puts you in a bit of a timeframe.
5 MR. BLAZEK: We'll do the best we can,
6 Judge, if that's the date we'll work for it.
7 THE COURT: All right. So, we're going
8 to set that as a Motion to Suppress, 10:00 o'clock a.m.,
9 January 10th, 2014.
10 Now, then if we go to a final pretrial on
11 February 14th with the jury coming in on the 24th does
12 either side anticipate needing an additional motions
13 date between those two dates?
14 MR. BLAZEK: Well, there's still the
15 Daubert issue on the expert testimony that would
16 probably be best resolved before trial.
17 THE COURT: Yes, sir. That's not likely
18 to be an all day hearing, though. We could then use
19 that 22nd of January date in the afternoon for the
20 Daubert hearing providing both sides think that's enough
21 time. MR. MATHIS: The only -- Your Honor,
22 the only motion the state's filed, I believe, was
23 designation -- or information on his expert witnesses.
24 THE COURT: Yeah.
25 MR. MATHIS: That I don't believe was
Sheila A. May (979)826-7762
17
1 ruled on.
2 THE COURT: And you may not have that
3 until we've had this in camera motion that we've talked
4 about that I'll be dealing with Mr. Blazek.
5 All right. Let's set it 1:30 on January
6 22nd. We will just call this an additional motions
7 date. So, at this point we have a suppression on
8 January the 10th at 10:00 a.m. We have an additional
9 motions date January 22nd, 1:30 p.m. We have a pretrial
10 February 14th at 10:00 a.m., and any further motions
11 that may need to be addressed at that time. And then we
12 will have the jury in on the 24th.
13 Let's talk just briefly about that
14 and I realize that we are a little early on that, but I
15 would anticipate bringing in the entire panel for the
16 initial entry, voir dire, and handing out of the
17 questionnaires. Mr. Blazek, I want to defer just a
18 little bit to some of your experience and yours, Mr.
19 Carter's, as well. Would these questionnaires be of
20 such a nature that we could mail them out with the jury
21 cards, which generally go out two to three weeks before
22 the jury comes in?
23 MR. BLAZEK: Yeah.
24 MR. CARTER: Never done it.
25 MR. BLAZEK: I've never done it before,
Sheila A. May (979)826-7762
18
1 but I, you know -- now -- go ahead, Billy. You
2 tell them what your concerns are.
3 MR. CARTER: Judge, the only issue that I
4 -- we could run into could be we ask them questions in
5 the questionnaire about the case in a general sense and,
6 therefore, you would be telling jurors what case they
7 would be coming in on.
8 THE COURT: Very well.
9 MR. CARTER: That's the only thing I
10 could see that could be an issue because we always, you
11 know, ask heard anything about the case, form an opinion
12 about it, you know, that will affect your ability --
13 THE COURT: Then I think I'll go back to
14 my original presumption that we will do the initial voir
15 dire and hand out the questionnaires on that Monday and
16 proceed from there for the remainder of the week doing
17 our selections.
18 MR. BLAZEK: And the way I've seen it
19 done and it's not always done the same in every case,
20 you could -- if you start off early enough in the day
21 you can get those questionnaires back before the end of
22 the day from the panel, qualify the panel, allow the
23 parties even to make an opening general statement, sort
24 of introductory statement about, you know, introducing
25 people and the general issues of the trial without going
Sheila A. May (979)826-7762
19
1 into too many facts. And then gather up those
2 questionnaires and have them scanned. And when they're
3 scanned they could either be scanned and copied or
4 scanned and just given disks to the sides so that we'll
5 have those questionnaires. And if, you know, me I'm
6 kind of old-fashioned. I like to have a hard copy to
7 work with. And then I can cause those to be printed out
8 if I need them and -- but what I'd like to have is two
9 days to review the questionnaires before we begin
10 individual voir dire, because I'm assuming we're going
11 to strike -- use our peremptories as we go. I guess
12 there's -- in theory we could reserve peremptories to
13 the end of voir dire and then use them, but I'd sure
14 like to have an idea as to the consistency of the entire
15 panel before I start exercising my peremptory
16 challenges. And I don't -- Billy is -- likes to
17 think -- to do the voir dire as -- voir dire the entire
18 panel individually and then reserve the peremptories to
19 the end.
20 MR. CARTER: Right, but I've done it both
21 ways.
22 MR. BLAZEK: And I kind of lean the other
23 way, but we've both done it both ways and then one time
24 we even did it a third way.
25 MR. CARTER: We did.
Sheila A. May (979)826-7762
20
1 MR. BLAZEK: After -- but we can work
2 that out. The state will have some input as to how they
3 choose to do it and the Court has discretion in that.
4 It's not -- I don't think there's any one rule that says
5 it has to be done a particular way, but I do like to
6 review the questionnaires before I begin voir dire so
7 I'll have a sense of who's -- the type of jurors we have
8 on the panel.
9 THE COURT: Mr. Mathis, your thoughts?
10 MR. MATHIS: I agree. I anticipate the
11 state would want to wait, voir dire the panel, then do
12 peremptory challenges at the end.
13 THE COURT: All right.
14 MR. MATHIS: It's logical.
15 THE COURT: I think that's the best way
16 to plan this. We have a third week that is available
17 and I will be able to antagonize most living beings by
18 doing it that week because that is school -- spring
19 break week. That's all right. We have justice to do
20 and we'll just deal with it if we need to do that.
21 So, we will plan along those lines as far
22 as doing the initial voir dire, getting the questions
23 out, getting them turned in, initial introductory
24 statements, just introduce the case on that Monday and
25 coming back in on Wednesday to begin our individual voir
Sheila A. May (979)826-7762
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1 dire through a scheduling process.
2 MR. BLAZEK: And here's the general wild
3 card in all scheduling -- I have never tried a capital
4 case where it went to trial on the first trial setting.
5 Every capital case I've ever been in there's always been
6 something came up along the way. And I could envision
7 as I'm doing this in getting ready for this case that
8 some expert, some third party, some other issue arises
9 where I expect to be back before this Court telling you
10 how much time I need to get ready. And it's -- if it is
11 the -- if this case happens on schedule without me
12 standing up and objecting and saying I need this Motion
13 for Continuance granted, it will be the first time
14 that's ever happened, Judge.
15 THE COURT: Mr. Blazek, you've never
16 dealt with an OCD Judge and his calendar.
17 MR. BLAZEK: So...
18 THE COURT: But I do appreciate that, but
19 I think from the Court's standpoint I have to at least
20 get the plan in place because if we don't have a plan,
21 we won't be able to ever get there. The plan's as in
22 combat, they adapt once you engage and that's exactly
23 what we will do. Very well. Anything further from the
24 state today?
25 MR. MATHIS: Not today, Your Honor.
Sheila A. May (979)826-7762
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1 THE COURT: Very well. Anything further
2 from the defense today other than our in camera motion?
3 MR. BLAZEK: Mr. Carter points out
4 something that's really important. One of the important
5 issues in a capital case is developing the mitigation
6 case and this ex parte motion that we have today relates
7 to that. And there's going to be certain aspects of the
8 defendant's life that may require some travel because
9 he's been -- although he's a native, born and raised
10 here locally, you know, he spent the last eight or nine
11 years in the Marines and there's been a lot of travel
12 involved. And so, certainly recordkeeping, gathering up
13 documents, we're going to be dependent upon third
14 parties to search records and produce records, primarily
15 the military. That will probably be a big source of his
16 life story and then travel. And so, Mr. Carter
17 appropriately tells me, and I think he's probably right,
18 that it might be overly optimistic to think our
19 mitigation specialist will be able to meet our
20 timetable.
21 THE COURT: You may well be right and I
22 hadn't thought of that because of my own personal
23 experience with either military personnel records
24 jackets or the military medical records jackets, where
25 they're stored and how they're stored and the agencies
Sheila A. May (979)826-7762
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1 that are currently in charge of those things. I'm not
2 sure you can get your records in -- I mean, if you
3 started today I'm not sure you'd have them in hand on
4 February 24th. So, I think it's well brought out that
5 we're going to be doing this because both of those
6 agencies that do that storage, they're swamped to put a
7 blunt to it.
8 MR. CARTER: Judge, I just think that I
9 know in the case Michelle and I are doing right now even
10 if we didn't have DNA stuff we're -- our mitigation
11 people are -- they've been working over 200 hours
12 already and they tell us they will never be able to meet
13 our March trial deadline. They -- and I can tell the
14 Court I just -- I think that February will be a
15 difficult timeframe for us to get all of our information
16 collected to be ready for a trial at that -- in that
17 timeframe.
18 THE COURT: I think when we come back in
19 here on January 22nd we can make some reasonable
20 announcements at that time and if we need to turn it off
21 or move it to a different timeline that will be fine. I
22 jokingly said that I'm OCD about it. I'd rather get it
23 right than get it quick. So, obviously we're going to
24 do it that way. Now, if something happens between now
25 and those dates that we've got here, the January 10th,
Sheila A. May (979)826-7762
24
1 January 22nd dates that obviates moving them, just let
2 us know and we'll work with you on that. I think that's
3 realistic assessments.
4 MR. BLAZEK: So, January 10th will be our
5 next plan to meet, Judge.
6 THE COURT: Very well then.
7 MR. BLAZEK: Preliminary matters.
8 THE COURT: There being nothing further
9 before the Court we stand adjourned and we'll see you in
10 chambers with your motion whenever you get a chance. If
11 you need a little bit of time, I'm sure I'll be here
12 this morning.
13 (Proceedings adjourned.)
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Sheila A. May (979)826-7762
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1 THE STATE OF TEXAS )
2 COUNTY OF WALLER )
3 I, Sheila A. May, Official Court Reporter in and
4 for the 506th Judicial District Court of Waller County,
5 State of Texas, do hereby certify that the above and
6 foregoing contains a true and correct transcription of
7 all portions of evidence and other proceedings requested
8 in writing by counsel for the parties to be included in
9 this volume of the Reporter's Record, in the
10 above-styled and numbered cause, all of which occurred
11 in open court or in chambers and was reported by me.
12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the
14 exhibits, if any, admitted by the respective parties.
15 I further certify that the total cost for the
16 preparation of this Reporter's Record is $_______and
17 was paid by ____________________.
18 WITNESS MY OFFICIAL HAND this the 8th day of
19 September, 2014.
20 /s/ Sheila A. May
21 ______________________
22 Sheila A. May, CSR# 2801
Official Court Reporter
23 Expiration Date: 12-31-14
Waller County Court at Law
24 836 Austin Street
Hempstead, Texas 77445
25 (979) 826-7762
Sheila A. May (979)826-7762
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Sheila A. May (979)826-7762
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1 REPORTER'S RECORD
2 VOLUME 5 OF 6
FILED IN
1st COURT OF APPEALS
3 COURT OF APPEAL CAUSE NO. 01-14-00631-CR
HOUSTON, TEXAS
COURT OF APPEAL CAUSE NO. 01-14-00632-CR
9/9/2014 1:27:49 PM
4 COURT OF APPEAL CAUSE NO. 01-14-00632-CR
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13703
TRIAL COURT CAUSE NO. 11-01-13704
6 TRIAL COURT CAUSE NO. 11-01-13705
7
8 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
9 )
VS. ) 506TH JUDICIAL DISTRICT
10 )
)
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
)
13 ________________________________)
14
15
16 --------------------------------------------------
17 HEARING ON MOTIONS
18 --------------------------------------------------
19
20 On the 11th day of February, 2014, the following
21 proceedings came on to be heard in the above-entitled and
22 numbered cause before the Honorable Albert M. McCaig, Jr.,
23 Judge presiding, held in Hempstead, Waller County, Texas:
24 Proceedings reported by Machine Shorthand.
25 Robyn S. Wiley, CSR
2
1 APPEARANCES:
2 ATTORNEY FOR THE STATE OF TEXAS:
3 MR. Elton R. Mathis, Jr.
Criminal District Attorney
4 SBOT#: 24014568
MR. Frederick Edwards
5 SBOT#: 06435100
645 12th Street
6 Hempstead, Texas 77445
Phone: 979.826.7718
7
8 ATTORNEY FOR THE DEFENDANT:
9 MR. FRANK BLAZEK
SBOT#: 02475500
10 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C.
1414 11th Street
11 Huntsville, Texas 77340
Phone: 936.295.2624
12 -and-
MR. WILLIAM F. CARTER
13 Attorney at Law
SBOT#: 03932800
14 108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
15 Phone: 979.779.0712
16
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3
1 I N D E X
2 Volume 5 of 6
3 HEARING ON MOTIONS
4 February 11, 2014 PAGE
5 Appearances........................................ 2
6 Court calls case................................... 4
7 Stipulations made by Mr. Edwards................... 5
8 Court confirms factual stipulations with counsel... 14
9 Off the record discussion.......................... 32
10 Proceedings concluded.............................. 36
11 Reporter's certificate..............................37
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17 E X H I B I T S
18 Number Description Offered Admitted
19 State's
20 1 Documents 23 23
21 2 Documents 23 23
22 3 Letter and Forms 23 23
23 4 Letter and Forms 23 23
24 5 Judgment 34 34/36
25
4
1 P R O C E E D I N G S
2 (Open court, defendant present)
3 THE COURT: These cases are Cause Numbers
4 13703, 704 and 705; State of Texas versus Dominique Dontae
5 Lasker. We have for the record Mr. Mathis and Mr. Edwards
6 for the State; Mr. Blazek, Mr. Carter for the Defense. The
7 defendant is in the courtroom. Are we ready to proceed?
8 MR. EDWARDS: State is ready, Your Honor.
9 MR. BLAZEK: Defense is ready to proceed, as
10 well.
11 THE COURT: All right then. The matters that
12 I see today -- well, perhaps, Mr. Blazek, if would you cover
13 a couple of matters that you intend to proceed with today.
14 MR. BLAZEK: Judge, I visited with the
15 prosecution team this morning. And I think we're going to
16 agree to postpone any presentation on our Motion to Suppress,
17 but I think both sides are ready to proceed under the
18 Interstate Agreement on Detainers Claim. And so, that is the
19 one that I would like to go forward.
20 THE COURT: Very well. And from the State?
21 MR. EDWARDS: That's correct, Your Honor.
22 THE COURT: Very well. That was my
23 understanding, as well, but I wanted to be able to confirm
24 that on the record. Very well, Mr. Edwards, I believe this
25 has now placed the burden on the State.
5
1 MR. EDWARDS: You know frankly, Judge, I was not
2 here last time. I am not sure that the burden is still on --
3 have they done their thing? It is our time; is that right?
4 MR. BLAZEK: Judge, I assume that the burden on
5 this and the burden of persuasion, the burden of proof on
6 this always rests on the Defense. But I think most of the
7 facts -- they have most of the facts. So I am not sure if we
8 should -- I have tried to submit stipulations that I thought
9 would be agreeable to both sides. I am not sure if they are.
10 The alternative would be to call Mr. Edwards to
11 the stand and have him to -- I could ask him some questions,
12 see what he agrees with, more like Request for Admissions. I
13 think we agree basically on all of the facts. Many of the
14 facts we agree on are in his response, but his response is
15 not evidence, I know that. So I have got to get it on the
16 record, so I don't know if we wanted to try by stipulation or
17 if you want to testify about what we agreed to.
18 MR. EDWARDS: Tell you what, Judge, I will run
19 through my fact pattern, which you have before you and
20 counsel has got, as well, and stipulate as we go along and
21 maybe that will satisfy what you are talking about.
22 MR. BLAZEK: I think it will.
23 THE COURT: I think that would be the best --
24 most equitable way of doing that and both of you, obviously,
25 are valued members of the Court and take what you do say as
6
1 intended.
2 MR. EDWARDS: Thank you, Judge. If it please
3 the Court, for the record the State has filed State's
4 Response to Defendant's Motion to Dismiss, which includes a
5 recitation of what I believe the facts are in this case; as
6 well as accompanying Exhibits, State's 1 through 4. And,
7 quite frankly, those are the things which we are willing to
8 stipulate to in addition to the fact that I believe -- I
9 think counsel mentioned something about the fact that their
10 client had been in Waller County custody from May 24th, I
11 believe it was, continuously until this time. We, of course,
12 would stipulate to that; don't think any objection to that.
13 If you look at my fact pattern here, Judge, I think it's
14 fairly clear and not sure I'm going to go through it all.
15 The long and short of it is these murders
16 occurred on March -- on or about March 10th of 2010.
17 Mr. Lasker fled the jurisdiction after the murders and it
18 became known that he was on leave here in the jurisdiction
19 from the Marine Corps. And along with that it became known
20 specifically that there was a bank robbery in California in
21 October -- on or about the 30th of 2010.
22 There was a weapon used in that bank robbery
23 and, as it turns out, it was in his possession when
24 Mr. Lasker was caught. I am not sure exactly how it came
25 into the hands of the FBI people and the people in
7
1 California. But long and short of it, they were able to tie
2 that weapon to Mr. Lasker in the bank robbery.
3 Well, anyway, they did some forensic work on
4 that -- on that weapon. And I believe, although I haven't
5 mentioned here, believe DNA connection as well. But long and
6 short of it is the connection was made between Mr. Lasker,
7 that weapon -- that weapon and the murders down here in
8 Waller County. And that is what we became aware of.
9 In any event, the Rangers went down to
10 California. They interviewed Mr. Lasker. Mr. Lasker made
11 what we would describe -- and that will be a bone of
12 contention later on -- but the long and short of it that he
13 made some -- a confession to the killings, as well. He was
14 charged, I believe, in January of 2011. And I would --
15 although the mechanism for it is unclear, we filed -- I
16 presume that the Waller County filed detainers on or about
17 that same date for him to be held there in California to
18 stand trial.
19 Well, we became -- then things became a little
20 bit muddled because there was a lengthy period of time it
21 seemed like where he was in California standing trial for --
22 for the bank robberies. We eventually determined that -- and
23 during this period of time we were pretty much in constant
24 contact with the folks there in California and became clear
25 that they generally wanted to take care of their case there
8
1 in California as you might expect and then we can transport
2 him down here.
3 This is -- these are informal conversations,
4 so forth, we had with the people there in California. Well,
5 we found out that Mr. Lasker, in fact, got 121 months for the
6 bank robberies and he -- that was given on January the 30th
7 of 2013. Now just prior to that -- not just prior, but July
8 19th of 2012, we received something, which you'll notice on
9 Page 2 is described Notice and Demand to District Court
10 et cetera, et cetera, from presumably Mr. Lasker on or about
11 July the 19th of 2012. This did not come -- and this, in
12 effect, was a demand under Texas Code of Criminal Procedure
13 Article 51.14 which, of course, is the adopted device which
14 the State uses to get folks back and forth different
15 jurisdictions to stand trial; particularly, under Article 3
16 which is, in essence, the defendant's or the suspect's demand
17 that he be brought back.
18 We received this, I guess, July -- on or about
19 July 19th, 2012. This did not come, as required by the Code
20 itself, by certified mail. Now another requirement that is
21 required, Your Honor, is that this demand has to be
22 accompanied by a certificate which states certain pieces of
23 information. This is all in the code section. I have quoted
24 that. That certificate was not present with that July 19th
25 communication nor any of the information which is required.
9
1 There's a fair amount of case law that says if
2 you don't get that information, State doesn't get that
3 information, Court doesn't get that information; then that
4 does not trigger the demand, the 180-day demand for the man
5 to be brought back and for him to stand trial, that hard
6 deadline of 180 days.
7 Well, during this time in August 31st, 2012,
8 so forth, we were again in communication with Mr. Ed Perez,
9 the administrator or some sort of a fellow down there at the
10 federal loading facility where Mr. Lasker was now
11 incarcerated. We were exchanging forms and so forth,
12 assuming at this point that we were operating under Article
13 4, which is -- which is the provision which we use in order
14 to get a prisoner back.
15 Now Article 3 is the prisoner wants to come
16 back. Article 4 is the prisoner doesn't want to come back
17 and we are trying to get him back. We were working under
18 that presumption. We were communicating with the people in
19 California to get the various forms. And it was a lengthy
20 thing. We had an Article 4 form. We had -- you know, there
21 were a number of forms we had to get. We were filling them
22 out and sending them back. Quite frankly, that took some
23 time.
24 Then when we requested a particular form we
25 got -- on February 8th of 2013, we got one of the forms we
10
1 had requested, but we also got what was described as another
2 motion for him to be brought back made under Article 3. Now
3 I believe that was February the 8th, 2013. That took me a
4 long time to figure out whether or not we had, in fact,
5 received that certified mail. We would stipulate, however --
6 although, I don't have the green copy in front of me. We did
7 receive that on or about February the 8th of 2013.
8 Okay. Arguably, that trips the 180-day deal.
9 The problem was, of course, that certificate, although was
10 accompanied, was part of the -- was part of the
11 communication -- part of the Motion was not complete in two
12 respects. Number one, it left blank the date of parole
13 eligibility. Also left blank any mention of the decisions
14 may or may not have been made by the Parole Board concerning
15 the inmate. Of course, this is almost half of the
16 information that is required that we get prior to the
17 tripping of that 180-day guideline -- or not guideline, that
18 hard date.
19 Okay. So the long and short of it, we
20 arguably we have a correct Article 3 request to be taken back
21 or brought back for trial; however, the certificate is
22 itself -- it comes certified mail with stipulation; however,
23 we have a certified -- we have a certificate which is, in
24 fact, defective at least in half the respect. And, of
25 course, the case law says if we don't get all this
11
1 information then the 180 days is not tripped.
2 So our position is that the initial one in
3 July and the one in February in and of themselves are
4 defective. We haven't gotten the proper notice we were
5 entitled to and that is supported by the case law concerning
6 whether or not this person is going to make a successful
7 Article 3 -- Article 3 demand to be brought back to trial.
8 Well, anyway, time marches on and we are
9 successful, either through Article 3 and/or Article 4, to
10 eventually get this man back. I believe on May 1st of 2013,
11 we forwarded the various IAD Form 6 that had now been signed
12 by the proper Texas IAD administrator to the federal warden.
13 Then less than a month, on May 31st, 2013, Mr. Lasker is
14 brought back here to the -- to Waller County.
15 Now, on -- frankly, the Court can recall this
16 because it was kind of unusual, I think. On June 4th of
17 2013, which would have been before the running of our 180
18 days, of course, we brought Mr. Lasker in for his initial
19 court appearance. As you recall, Your Honor, I make this
20 recitation here in the -- in the facts and in the arguments,
21 he stood before you and said, Judge, I have a number of
22 motions which I demand -- actually said I demand that you
23 hear them.
24 Well, the Judge quite properly -- Your Honor
25 quite properly said, Well, sir, you don't -- do you want
12
1 counsel? He didn't make any real response to that, but the
2 long and short of it, prior to that in one of his IAD Forms,
3 particularly the one filed on February the 8th, he checked
4 off the box saying, I want court-appointed attorney. So you
5 are stuck -- Court is stuck at this point.
6 You are saying basically he has these
7 contested, substantive motions and he is requesting
8 court-appointed attorney, hasn't been assigned one yet; so
9 the Court had no alternative, I believe. We would suggest on
10 June the 4th of 2013 that was, in effect, a reset of the case
11 so he could get counsel. He was assigned counsel, I believe,
12 very shortly thereafter. I believe on June the 4th, the
13 Regional Public Defender was assigned on June 4th, 2013. For
14 whatever reason, which is probably not important for this
15 hearing or any other hearing, on June -- they got switched
16 around because that was not an appropriate thing. Mr. Blazek
17 was appointed and then Mr. Carter was appointed on June 6th.
18 We had an opportunity to discuss. And I don't
19 have the specific date when that was, but I do remember us
20 talking -- to talk informally with Mr. Blazek and it became
21 very clear to us, to the State, that this deadline was
22 important to the Defense and they weren't going to do any --
23 they weren't going to take any effort to get their man into
24 Court for any kind of motions or that sort of thing. We took
25 the initiative. And on September 9th, 2013, the Court heard
13
1 and granted a second continuance for good cause shown and we
2 laid it all out there. That is pretty much where we are now.
3 November 4th, 2013, that was the Continuance date, I believe,
4 that the defendant was there with counsel. He waived
5 arraignment and there was a scheduling order.
6 The second part of my paper, Judge, my little
7 missive there to the Court, is the case law that
8 substantiates that. Now I would put in another argument.
9 And I am not going to spend a whole lot of time on that.
10 There is a -- there is this fundamental idea that the various
11 branches should not interfere with the others. And it would
12 be my position that this Legislative creature, this 180-day
13 demand that we have somebody tried, particularly in all
14 cases, they don't make any distinction between that. They
15 say everything from misdemeanor or whatever, you know,
16 whatever -- all the way up to a capital murder needs to get
17 tried from -- 180 days from the time that a demand is made.
18 They don't even take into consideration all the time that is
19 necessary to get the guy hauled in from wherever he happens
20 to be incarcerated, that we have to get my guy tried within
21 180 days.
22 And really, the Draconian solution to that --
23 it's not like in a bond situation where you have to turn him
24 loose on bond. The Draconian solution in this particular
25 case is you lose the right. This is to be dismissed with
14
1 prejudice, end of story. And it is my assertion and I have
2 explained, cited some case law and so forth, Your Honor, that
3 that is an improper infringement on the responsibilities of
4 this Court; and by extension, the prosecution, to deal with
5 cases that have been indicted correctly and have been brought
6 to this Court correctly. And it deprives the State of the --
7 and the people of the State of the right to try people and to
8 do that job, which they have been assigned by the
9 Constitution. So there is obviously a Constitutional issue
10 in this matter.
11 THE COURT: Let me get in here and see if we
12 can clean up the part of what we will call factual
13 stipulations that were alluded to.
14 MR. EDWARDS: Just going there, Judge.
15 THE COURT: I have -- in your argument here as
16 I followed your brief, I have come up with about 20 and I
17 think probably in order to expedite it, Mr. Blazek and
18 Mr. Carter, what I will do I will just cover each of these in
19 the factual portions here and determine whether or not they
20 are stipulated and whether or not we need to receive
21 additional evidence on any of these factual stipulations.
22 Does that seem reasonable, sir?
23 MR. BLAZEK: Yes, it does, Your Honor.
24 THE COURT: All right. The first one that I
25 have is that the murder occurred on or about March 10th of
15
1 2010.
2 MR. BLAZEK: Judge, we don't think that the
3 date of the offense is relevant to our IADA claim. We would
4 ask the Court to take judicial knowledge of the indictment,
5 it being returned, and the dates alleged there is what the
6 State's allegations are. But we are not going to stipulate
7 there even was a murder. But we do allow -- we would
8 encourage the Court to take judicial knowledge of the
9 indictment in the files and the dates alleged there to show
10 the chronology of the events that are relevant.
11 THE COURT: That is reasonable. The Court
12 will take judicial notice of the indictment itself. I do
13 believe that date of the indictment may have some efficacy
14 what we are doing here.
15 MR. BLAZEK: I agree, Your Honor. We would
16 ask the Court to take judicial knowledge of that, as well.
17 THE COURT: Very well, sir. The first matter
18 would be that the indictment was returned on or about January
19 27th of 2011. And as we are not dealing with the
20 Suppression, then we will also not deal with the issue of
21 whether or not the Rangers went to California.
22 The second matter that I see of some relevance
23 here is that Mr. Lasker was sentenced to 121 months on or
24 about January 30th of 2013 in the federal penitentiary.
25 MR. BLAZEK: Did you say January of 2013?
16
1 THE COURT: That is the date, yes, sir.
2 MR. BLAZEK: Judge, I don't have first-hand
3 knowledge of that. I know that the -- and I was surprised to
4 hear when the prosecutor said that because the first Request
5 for Disposition occurred on July 19th, 2012. I was under the
6 impression that he was already in the federal penitentiary.
7 There is correspondence with that request that shows
8 documentation that he was serving a sentence at that time.
9 And so, I think that there may be some mistake there.
10 THE COURT: Mr. Edwards, I think we may have a
11 year error there.
12 MR. EDWARDS: Okay. I wouldn't be surprised
13 with that. I am -- I have combed through this a number of
14 times. Frankly, I don't have a specific federal judgment. I
15 am taking this, quite frankly, off of -- let me see. I am
16 taking this off of State's Exhibit Number 4.
17 Anyway, we got a letter from them. It is
18 dated January -- saying "them" -- a letter from the federal
19 correction complex there in California on January the 31st,
20 2013. It's in response to, I presume this is to Mr. Lasker
21 to his Request for Temporary Custody pursuant to Interstate
22 Compact Agreement. And then that is what got the February
23 8th notice marching along.
24 THE COURT: Well, gentlemen, I would propose
25 we attempt to obtain a certified copy of the judgment and
17
1 sentence out of the federal court. That document thereafter
2 would then speak for itself as to the date that that was --
3 that became --
4 MR. EDWARDS: Very well, Your Honor. I will
5 take the responsibility on -- for doing that, Your Honor.
6 THE COURT: Very well, sir.
7 MR. BLAZEK: I will point out that in State's
8 Exhibit Number 1, which purports to be dated July 2nd, 2012,
9 Dominique Lasker's address is listed as the federal
10 penitentiary, which normally wouldn't be in the federal
11 penitentiary if he was still awaiting trial.
12 THE COURT: Yes, sir, noted. And I think that
13 that is where we have the January 30th -- which year becomes
14 the issue.
15 MR. EDWARDS: And, of course, that was the
16 problem, Judge, is that I have got various documents that
17 recite various locations. And they are directed to -- the
18 long and short of it was difficult to find and I don't have a
19 judgment.
20 THE COURT: All right. Well, the next thing
21 Mr. Edwards had cited in his motion is that on July 19th of
22 2012, there had been a Notice and Demand to district attorney
23 and that dealt, of course, with the provisions presumably
24 under Article 3. So would there be a stipulation that, in
25 fact, a Notice of Demand to district attorney for trial
18
1 disposition was received by the State on July 19th of 2012,
2 that was not mailed by certified mail?
3 MR. BLAZEK: We so stipulate, Your Honor.
4 THE COURT: Very well, sir.
5 MR. EDWARDS: That is our State's Exhibit
6 Number 1, Judge?
7 THE COURT: It is, sir.
8 The next matter that I have noted here is the
9 Motion did not contain certain requisite information that was
10 outlined in Mr. Edwards' motion dealing with parole
11 eligibility, good time calculations, decision to the parole
12 board.
13 MR. BLAZEK: That doesn't require stipulation,
14 Judge. That is just something -- the document speaks for
15 itself and the statute speaks for itself so...
16 THE COURT: Very well. Next matter is that on
17 or about August 31st, 2012, Waller County requested and
18 received IAD Form 5 pertaining to Article 4.
19 MR. BLAZEK: We're willing to so stipulate,
20 Your Honor.
21 THE COURT: Very well, sir.
22 January 2nd of 2013, the State sent a request
23 to the warden of the holding authority, Request for Temporary
24 Custody.
25 MR. BLAZEK: Defense would stipulate to that,
19
1 as well.
2 THE COURT: Sir, you can maintain your
3 seating. We will give you plenty of exercise on other
4 things.
5 MR. BLAZEK: Thank you, Judge. I was thinking
6 about it if I do this for every one of these, I am going to
7 be exhausted.
8 THE COURT: There was a notice delivered on
9 February 8th of 2013, pertaining to the IAD Forms on Notice
10 of Untried Placement. That was initiated under Article 3 of
11 the Interstate Agreement.
12 MR. BLAZEK: If you will recall, Judge, that
13 is one where the State is willing to stipulate they received
14 that by certified mail. That is -- and we do agree to that
15 stipulation and I think that is State's Exhibit Number 4
16 attached to their response.
17 THE COURT: Is that correct, Mr. Edwards?
18 MR. EDWARDS: That's correct, Judge. Again, I
19 don't have the green copy, but I personally communicated with
20 the folks in California. They said they have a green copy
21 with our office's signature on it.
22 THE COURT: Very well. So that stipulation is
23 is accepted.
24 What we may end up doing is we may go back
25 into the court reporter's record, determine these, formalize
20
1 them as a better way.
2 The next three stipulations basically -- and I
3 am not saying that they are stipulated. I am requesting if
4 they are stipulated or not, would be the facts of April 8th,
5 the -- April 17th, 2013 sending of the forms, and the May 1st
6 of 2013 forward of the IAD Form 4. Are those stipulated?
7 MR. BLAZEK: Well, Judge, I am not sure -- you
8 have said the dates. I am not sure what events happened on
9 those dates. If you could be more specific or if the State
10 could refresh my recollection on those.
11 MR. EDWARDS: Look at Page --
12 THE COURT: Page 4, roughly the top half of
13 the page.
14 MR. BLAZEK: Okay. Let me get there. So the
15 April 8th, April 17th and May 1st?
16 THE COURT: Yes, sir.
17 MR. BLAZEK: We, too, would stipulate to those
18 facts.
19 THE COURT: Thank you, sir. By --
20 Mr. Edwards, for clarity because this is your Motion that I
21 am referring to, I am assuming the State has now stipulated
22 to these, as well?
23 MR. EDWARDS: That's correct, Judge. And we
24 will check on the last one, that certified judgment. I don't
25 have any great information on that.
21
1 THE COURT: Date of return of Mr. Lasker to be
2 May 24th of 2013.
3 MR. BLAZEK: That is our stipulation, as
4 well.
5 THE COURT: Mr. Lasker's first court
6 appearance in this court was June 4th.
7 MR. BLAZEK: And, Judge, I wasn't present but
8 we would ask the Court to take judicial knowledge. I mean,
9 the Court was here or not. And if it was, well, then you
10 will know that he was here and whatever happened happened on
11 that date. We don't have a transcript of it or a Statement
12 of Facts, but we'd ask the Court to take judicial knowledge
13 of its recollection.
14 MR. EDWARDS: I believe I looked at the docket
15 sheet and determined that, Judge.
16 THE COURT: I am looking at the docket sheet
17 and it is an entry for 6-4 of '13; defendant present, counsel
18 appointed through regional public defender for capital cases.
19 So duly noted, Mr. Blazek.
20 That would be the next one, as well. For
21 clarity of the record, while not necessarily germane but for
22 further explanation, the Court did appoint the regional
23 public defender, an organization with which Waller County
24 does have a contract for the representation of defendants
25 charged with capital murder. And we determined within about
22
1 48 hours that the contract with the Regional Public Defender
2 did not cover the time frame of the alleged incident of March
3 10th. Therefore, it was necessary that I find other
4 qualified counsel, whereupon the Court contacted Mr. Frank
5 Blazek and that representation was accepted.
6 I believe that does reflect the June 6th --
7 and I am not asking for a stipulation. The record will speak
8 for itself, but that is by further explanation of how
9 Mr. Blazek and Mr. Carter came to be engaged in the case.
10 What further stipulations, Mr. Edwards, would
11 you find necessary or, Mr. Blazek, that you would find
12 necessary under the circumstances to get us to where we are?
13 MR. EDWARDS: Well, Judge, of course I would
14 ask for a stipulation that the certificate that accompanied
15 the February 8th document was incomplete and in the way that
16 I have enumerated. I anticipate a different approach,
17 Mr. Blazek, on that.
18 MR. BLAZEK: The document speaks for itself.
19 I don't think we have to stipulate that those two boxes were
20 left blank. By way of argument, this is not -- by way of
21 argument, I would ask the Court to take judicial knowledge of
22 federal law and this is easy to explain.
23 If you were to Google the phrase "federal
24 parole law" you would find that it is virtually an
25 anachronism because people that are sentenced in the modern
23
1 era aren't eligible for parole. There is no parole
2 eligibility date and there are no actions that the federal
3 board can take on the vast majority of federal convicts.
4 There are a few rare exceptions if people are convicted out
5 of the District of Columbia or if they were convicted prior
6 to, I think, 1987 or '88 that would be relevant. But the
7 fact that these were left blank, we would argue doesn't mean
8 they are incomplete. It just reflects current federal law,
9 that there is no parole eligibility date and there are no
10 actions.
11 THE COURT: For --
12 MR. BLAZEK: That is argument; not a fact
13 stipulation.
14 THE COURT: For completion of the record, the
15 four exhibits that were filed by the State on their Motion,
16 they speak for themselves. I'd like to see if we can get
17 these incorporated into the record for any further review.
18 MR. BLAZEK: Actually, they should be admitted
19 into evidence, Your Honor.
20 THE COURT: State's 1, 2, 3 and 4,
21 accompanying the State's Response to Defense Motion to
22 Dismiss are admitted into the record for the manner in which
23 they are presented, not necessarily for any validity of the
24 content.
25 (State's Exhibit Nos. 1,2,3,4 offered and
24
1 admitted into evidence)
2 MR. BLAZEK: The only additional fact that I
3 think needs to be established by stipulation is that my
4 client was in federal custody, federal penitentiary, pursuant
5 to a federal conviction at the time that he made his request
6 that are reflected in, I believe, State's Exhibits 1 and 4
7 that are now in evidence. And also, the Court -- well, that
8 is by way of stipulation. There is virtually every content
9 in the file the Court needs to take by the Court's file, the
10 Court needs to take judicial knowledge of. And we would
11 point out that for those motions received by the State, there
12 is corresponding motions received by the Court.
13 In each of the three cause numbers there is a
14 Request for Speedy Disposition under the IADA comparable to
15 Number 1 and Number 4. And the district clerk was able to
16 keep records, kept the envelopes so you can tell that the
17 State's Exhibit Number 1, its corresponding was received by
18 the Court by first-class mail. State's Exhibit Number 4
19 envelope in the Court's file shows that it was received by
20 certified mail.
21 And so, if the Court takes judicial knowledge
22 of the contents of its files and if we can resolve when he
23 was in prison in the federal prison, I think we will have all
24 the facts necessary for the Court to make a ruling on this
25 case. But we might want to wait on that until we do that. I
25
1 am -- I am confident that my client was in the federal prison
2 at the time he made the request, but I understand the State's
3 hesitation until they get that judgment. And then I would be
4 prepared to make argument once that issue is resolved.
5 THE COURT: The Court does take notice of all
6 of those matters and knowledge of the matters that are
7 contained in these three particular indictment files being
8 13703, 704 and 705. And, yes, since Mr. Edwards is going to
9 undertake getting the certified copy of the federal judgment,
10 that final one will have to wait until we get that so we can
11 determine the actual entry date.
12 MR. EDWARDS: Actually, somewhere J.R. is
13 working on that. We may be able to do that forthwith.
14 Frankly, he was -- it is our understanding and we will
15 substantiate this here when we get a judgment, that
16 Mr. Lasker was in some kind of custody continuously from the
17 date of his arrest in California until this date.
18 In regard to State's Exhibit Number 1, so
19 forth, I have to reiterate that while this Court may have
20 received their copy first-class, I have no way of knowing. I
21 don't have the envelope any more, don't know whether we kept
22 the envelope. I have no way of knowing that. And that, of
23 course, goes to the -- you know, the rationale for requiring
24 certified mail to be the argument.
25 And as to the other issue concerning the
26
1 parole, I mean all they had to do was say none or not
2 applicable instead of leaving the requesting state up in the
3 air. Of course, that speaks also to the rationale for why
4 that information is even required. Thank you, Your Honor.
5 THE COURT: All right. All right. So with
6 the exception of that one item that is remaining outstanding,
7 which we may or may not be able to solve here in the near
8 term, further arguments that you wish to make on the Motion?
9 MR. EDWARDS: May I have one moment, Your
10 Honor?
11 THE COURT: Sure.
12 MR. EDWARDS: Judge, what counsel would ask
13 the Court also is to take into consideration prior arguments
14 already heard in this Court.
15 THE COURT: So noted.
16 Mr. Blazek.
17 MR. BLAZEK: Yes, Your Honor, well, there are
18 two requests and, you know, I will concede that the second
19 request, State's Exhibit Number 4, that is a much better
20 request and is much more likely to be sustained as a valid
21 request achieving everything that is required to make it a
22 valid request than the first.
23 But on the other hand, there is still a
24 possibility that the first one may be sustained. You know,
25 again, there are lots of problems with it. If you look at
27
1 the case law every -- every case is factually different and
2 every case is factually treated differently. And I am sure
3 the State will come up with a compelling argument of why the
4 many, many failures of -- in this first request meet its
5 fate.
6 We are going to make an argument that if you
7 look in the totality, you know, similar to the argument made
8 in that Votto case that the Court of Criminal Appeals ruled
9 on. The Corpus Christi Court of Appeals thought, well, yeah,
10 there are lots of deficiencies, but if you look at his Motion
11 to Dismiss that followed his request that corrected it, it
12 solved all the problems, all that adequate information was
13 there. His case is a little bit different. There are
14 different facts. And so, we are going to be making a similar
15 argument. Again, some Court is going to have to review it
16 and say is this closer to Votto or closest to one of the
17 others that says it is sufficient. And so, they will judge
18 on that.
19 But on the second one, I think the State is
20 going to have a hard time convincing any court that it wasn't
21 complete. It satisfied procedurally the mechanism. The two
22 things that were left blank were appropriately left blank.
23 Admittedly, there are other ways to do it besides leaving
24 them blank. They could have said none, not applicable, there
25 are other ways to do it, but blank is also accurate, I
28
1 believe, in the context of the circumstances of this case.
2 Now assuming that we have a valid request for
3 a speedy disposition, then the question is, well, what is the
4 date that this case should have commenced trial? If it is
5 the first one, my calculations say it should have been
6 commenced on or before January 14th, 2013. Well, our client
7 hadn't even arrived in Waller County by that time. So if
8 that is the one, then we win clearly.
9 If it is the second one, again, the date is
10 August 7th, 2013, is a different date, later in the year. If
11 the February 8th request was a valid request, the 180 days is
12 August 7th. And the State's argument that that one court
13 appearance by the defendant without counsel constituted some
14 event that necessitated a delay, I don't think we will
15 withstand scrutiny on appeal.
16 It appears to me there were motions on file.
17 The Court will take judicial notice what motions were on
18 file. I believe the significant ones that implicitly he was
19 talking about was his Motion to Dismiss pursuant to the IADA
20 claim. I don't think requesting a Hearing on a Motion to
21 Dismiss under the IADA claim is going to constitute some
22 cause for delay and; therefore, negate his ability to present
23 an IADA claim.
24 But there was no event that would have
25 prevented the State from requesting a setting, requesting a
29
1 trial prior to August 7th, 2013. The defendant was in
2 custody. He had counsel prior to August 7th, 2013. They
3 could have requested a setting and forced the Defense to make
4 a decision, do we want to take advantage of our dates
5 pursuant to the IADA claim or do we want to ask for a
6 continuance.
7 So the Defense would have had that option. If
8 the defendants had asked for a continuance and if the Court
9 had granted it, well, that would have solved the State's IADA
10 problem because the delay was requested by the Defense and
11 the delay was granted by the Judge in a Motion for
12 Continuance and; therefore, we couldn't complain that we were
13 being denied a speedy trial because we are the ones asking
14 for a delay. But that didn't happen. We were never asked,
15 Do you want to go now or do you want a speedy trial? The
16 only thing on file with the Court was a Request for a Speedy
17 Disposition and Request for Dismissal.
18 And so, we were entitled to a speedy
19 disposition at that time and ultimately entitled to a
20 dismissal after August 7th, 2013. So, you know, those are
21 the facts. No one can predict with certainty how the law is
22 going to apply in any of these things and, admittedly, it is
23 technical.
24 My understanding is under the case law that Ex
25 Parte Oscar Doster, which came out of Freestone County, Court
30
1 of Criminal Appeals has held that if the IADA claim is valid,
2 the trial court should deny it. If the trial court -- if the
3 trial court grants it -- excuse me -- if the claim is valid,
4 the trial court should grant it and dismiss the case. The
5 State would then have the right to appeal. That would be an
6 appealable decision. They could appeal it to the Court of
7 Appeals and wherever it goes from there. If the trial judge
8 denies it, the defendant cannot appeal that decision. They
9 have held it's tantamount to ruling on a Motion to Dismiss
10 for Failure to do a Speedy Trial. They say, Well, you can
11 appeal that after a conviction if it ever occurs -- happens.
12 I would think there is -- unresolved as
13 whether or not we can resolve this pre-trial if you deny it
14 by Mandamus. So if this Court grants it, I am sure the State
15 will appeal and make sure their arguments are fully heard by
16 the Court of Appeals. It will be accelerated and that will
17 take place.
18 If this Court denies our motion, then
19 Mr. Carter and I have to make a decision, will we seek
20 Mandamus? If we do seek Mandamus, then the appellate courts
21 will have to decide two things: Do we have an adequate
22 remedy based on appeal so that Mandamus doesn't apply;
23 and/or, two, are we right or wrong on the law? They might
24 deny our Mandamus -- they could deny it because we are wrong
25 or they could deny it because we have a remedy on appeal if
31
1 they make that argument. There may be some other creative
2 arguments that I can think of. Either way I'd like to try to
3 get this matter resolved as quickly as possible because it
4 may be determinative in a number of ways.
5 So we think we are right, especially with
6 regard to the second request, which we think satisfies every
7 aspect of the Interstate Agreement on Detainers and the time
8 limits just weren't met. We think we're entitled to a
9 dismissal. And so, we would urge the Court to do that.
10 THE COURT: Further?
11 MR. EDWARDS: Well, just to reiterate again
12 what we have talked about. It is our position, Judge, that
13 the first notice was clearly defective in a number of
14 respects. It is very clear from the case law that if a
15 certificate is not there, then it's gone. Secondly, we
16 didn't get it by certified mail; again, it's gone.
17 The second request, Judge, our position is
18 that it's defective in that it didn't contain the information
19 that is required by the law in its certificate.
20 And then, thirdly, even if you were to say it
21 was effective, then I don't know what else this Court could
22 have done when we came into Court here and the defendant says
23 I have motions to be heard. If we had gone forward with
24 those motions and arguably he had lost, then you have got a
25 situation where I am not represented by counsel and I
32
1 requested to be represented by counsel. It is a catch-22.
2 The Court did the proper thing. This Court
3 reset the case so he could get counsel. That is where we are
4 right now. If that is the case, then we are in good shape as
5 far as the time frames here. Our position, of course, are
6 diametrically opposed to defense counsel and this -- I don't
7 know whether it's an argument necessarily that it's a little
8 bit more convenient to have this thing granted as opposed to
9 denied, but the law is not there in regard to that. And we
10 would ask that you deny that motion.
11 THE COURT: Very well.
12 MR. BLAZEK: Do we have a timetable when we
13 are going to find out about the date of conviction? Any
14 idea?
15 MR. EDWARDS: He's working on it now, Judge.
16 MR. MATHIS: We've got the subscription to the
17 federal courts. He is going to see if he can just print out
18 the judgment; won't be a certified judgment.
19 MR. BLAZEK: That's all right. I bet it will
20 tell us the date.
21 MR. MATHIS: He is trying to pull it.
22 MR. BLAZEK: Judge, we just ask that you wait
23 until that is part of the record before you rule so we will
24 have a complete record.
25 THE COURT: I will do that. And we will wait
33
1 pending that.
2 While we have you in court, I am going to ask
3 that we go off the record and ask you gentlemen to approach
4 so we can talk about a couple of other preliminary matters
5 that has to do with administration of the case.
6 (Discussion off the record)
7 THE COURT: Back on the record.
8 Let the record reflect we had a brief
9 conference at the bench dealing the scheduling of matters and
10 the attaining of information, and during that brief recess
11 the document was delivered to Mr. Edwards. Mr. Edwards,
12 would you like to proceed on that?
13 MR. EDWARDS: Yes, Judge, I'm going to run a
14 couple of copies, but I'm going to tender what appears to be
15 a judgment, United States District Court, Southern District
16 of California, file-stamped by the Clerk of the U.S.
17 District, December 16th, 2011. That would be the date of
18 Mr. Lasker's sentencing. And I would presume sometime after
19 that he was transported to the federal penitentiary; again,
20 don't know the exact date of that.
21 THE COURT: Very well. Mr. Blazek, do you
22 have any objection to that document?
23 MR. EDWARDS: Tender that for inspection, copy
24 when we get a chance.
25 MR. BLAZEK: No objection to State's Number 5.
34
1 And based on that, we would -- we would ask if the State can
2 stipulate that at the time that the defendant signed and
3 submitted State's Exhibit Number 1, his first Request for
4 Speedy Disposition under the IADA, that he was serving the
5 time in the federal prison at that time.
6 THE COURT: First then State's 5, Motion --
7 Exhibit 5 is admitted.
8 (State's Exhibit No. 5 offered and admitted
9 into evidence)
10 THE COURT: Mr. Edwards, on that stipulation?
11 MR. EDWARDS: This is on State's Exhibit
12 Number 1.
13 MR. BLAZEK: State's Exhibit Number 1.
14 MR. EDWARDS: Again, the document speaks for
15 itself, appears Mr. Lasker signed it on July the 2nd of 2012,
16 so that would post-date his sentencing.
17 MR. BLAZEK: In theory, he could have been out
18 on bond on appeal, but stipulate that he was --
19 MR. EDWARDS: I'll stipulate that he was in
20 custody at that time.
21 THE COURT: Very well then. That becomes an
22 additional stipulation for the record.
23 MR. EDWARDS: We will have some copies for you
24 shortly.
25 THE COURT: Very well then. That appears to
35
1 conclude our argument on this. Are there any other matters
2 need to be taken care of today?
3 MR. EDWARDS: Nothing from the State, Your
4 Honor.
5 MR. BLAZEK: Nothing from the Defense.
6 THE COURT: Very well. I do note in the
7 gallery there are a number of people that are interested in
8 this case. Ladies and gentlemen, I appreciate your interest
9 in what is going on. These are significant matters. It is
10 certainly something of note in your lives and I understand
11 that completely.
12 I do want to let you know that from the
13 Court's perspective, the State of Texas and the Defense are
14 handling matters as expeditiously as they can. That is from
15 my perspective that I see that. And there are complex
16 matters that are being dealt with here. And the scheduling
17 of these matters does appear to take a great deal of time.
18 For that, I simply apologize to you because
19 these things are not meant to be convoluted in any way. But
20 when we are dealing with the matters of life and death as we
21 are right now, not only of the victims of this alleged
22 offense, but also with Mr. Lasker's life and death, things
23 have to be done right. It is much better to do them
24 correctly than it is to do them quickly.
25 So I just beg your tolerance as we go through
36
1 this process. I do ask that you continue to stay in contact
2 with the Victim's Witness Coordinator. And she will endeavor
3 to keep you abreast of what we are doing in this matter.
4 With that, anything further we need to cover
5 today?
6 MR. EDWARDS: Just as a housekeeping matter --
7 that last document, have I given you a copy, Judge?
8 THE COURT: The original will be Number 5.
9 MR. EDWARDS: That is what I wanted to do.
10 THE COURT: I don't have it yet.
11 MR. EDWARDS: Number 5.
12 THE COURT: With the admission of Number 5,
13 then we are adjourned for today. Thank you.
14 (State's Exhibit No. 5 admitted)
15 (Proceedings concluded, 9:55 a.m.)
16
17
18
19
20
21
22
23
24
25
37
1 THE STATE OF TEXAS
2 COUNTY OF WALLER
3
4 I, Robyn S. Wiley, Court Reporter in and for the State
5 of Texas, do hereby certify that the above and foregoing
6 contains a true and correct transcription of all portions of
7 evidence and other proceedings requested by counsel of the
8 parties to be included in this volume of the Reporter's
9 record, in the above-styled and numbered cause, all of which
10 occurred in open court and were reported by me.
11 I further certify that the total cost for the
12 preparation of this Reporter's Record is $774.75 and was paid
13 by County of Waller.
14 WITNESS MY OFFICIAL HAND this the 13th day of June,
15 2014.
16
17
18
19 /s/ Robyn S. Wiley
20 _______________________________
21 ROBYN S. WILEY, CSR NO. 4629
EXPIRATION DATE: 12-31-15
22 OFFICIAL REPORTER FOR WALLER &
GRIMES COUNTIES
23 836 AUSTIN, SUITE 307
HEMPSTEAD, TEXAS 77445
24 TELEPHONE: (979) 921-0921
25
1
1 REPORTER'S RECORD
2 VOLUME 6 OF 6
FILED IN
1st COURT OF APPEALS
3 COURT OF APPEAL CAUSE NO. 01-14-00631-CR
HOUSTON, TEXAS
COURT OF APPEAL CAUSE NO. 01-14-00632-CR
9/9/2014 1:27:49 PM
4 COURT OF APPEAL CAUSE NO. 01-14-00632-CR
CHRISTOPHER A. PRINE
Clerk
5 TRIAL COURT CAUSE NO. 11-01-13703
TRIAL COURT CAUSE NO. 11-01-13704
6 TRIAL COURT CAUSE NO. 11-01-13705
7
8 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
9 )
VS. ) 506TH JUDICIAL DISTRICT
10 )
)
11 )
)
12 DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS
)
13 ________________________________)
14
15 --------------------------------------------------
16 EXHIBIT INDEX
17 --------------------------------------------------
18 On the 4th day of June, 2013; 9th day of September,
19 2013; 4th day of November, 2013; and the 11th day of
20 February, 2014, the following proceedings came on to be heard
21 in the above-entitled and numbered cause before the Honorable
22 Albert M. McCaig, Jr., Judge presiding, held in Hempstead,
23 Waller County, Texas:
24 Proceedings reported by Machine Shorthand.
25 Robyn S. Wiley, CSR
2
1 APPEARANCES:
2 ATTORNEY FOR THE STATE OF TEXAS:
3 MR. Elton R. Mathis, Jr.
Criminal District Attorney
4 SBOT#: 24014568
MR. Frederick Edwards
5 SBOT#: 06435100
645 12th Street
6 Hempstead, Texas 77445
Phone: 979.826.7718
7
8 ATTORNEY FOR THE DEFENDANT:
9 MR. FRANK BLAZEK
SBOT#: 02475500
10 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C.
1414 11th Street
11 Huntsville, Texas 77340
Phone: 936.295.2624
12 -and-
MR. WILLIAM F. CARTER
13 Attorney at Law
SBOT#: 03932800
14 108 E. William J. Bryan Parkway
Bryan, Texas 77803-5334
15 Phone: 979.779.0712
16
17
18
19
20
21
22
23
24
25
3
1 E X H I B I T S
2 Number Description Offered Admitted Vol.
3 State's
4 1 Documents 23 23 5
5 2 Documents 23 23 5
6 3 Letter and Forms 23 23 5
7 4 Letter and Forms 23 23 5
8 5 Judgment 34 34/36 5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
·.
:\'OTICE AND OE~I AND T O DiSTRICT ATTORNEY/PROSECUTOR
FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR
INDICTM ENTS BY FEDERAL PRISONER
TO: Olftce of District Attorney FROM: Domini que Do ntae La sker
(b \..1, b ~l' <;\u.c. r ~-l.\' (. \ Reg. No. 2286 7 - 29 8
United States Penitentiary
Victorville FCC
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Adelanto, CA 9:230 I
Dear Sir1Madarn :
I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the
following case numbers, issuing from your jurisdiction:
Ca.12i tal Murder Charge .," 11 - 01-13703 979-826-8282
~ita l Murder Cha~ # 11 - 01-13704 979 - 826 - 828 2
~ita l Murder Charge ff 11-01-13705 979 -82 6-8282
#
2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the
Victorville Federal Correctional Complex, located in Adelanto, Californ ia.
3. I was sentenced in the United States District Court for the Southern District of Ca 1 if o rn i a ,
to a term of 121 months. My current projected release date from federal custody is Augu St _, .1:1__,
:o ~~ , as found in the attached BOP documentation (see Sentence Monitoring/ Data Computation printout).
-t The outstanding charges pending from th is jurisdiction adversely affect the conditions of my incarceration, and
Jo not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the
dday in prosecution prejudices my defense against these outstanding charges.
5. I have provided this communication to invoke the st:ltutes, rules and procedures of this State for speedy trial and
disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or
disposition within one-hundred and twenty ( 1:20) days, on any and all criminal actions in your jurisdiction and/or
alternatively, :hat you submit request for temporary custody to the federal bureau of prison authorities. pursuant to the
requirements of applicable statutes for Interstate Agreement on Detainers (" lAD").
Cordially,
Doted'_ ';}.ol;).._./o7 I .t- h ~
~±fl!~~~~ .--fb*~minique Dontae Lask er
- -- -- -- --'-·\. l.loL..... ItLltto~rLU.izated by the Act of '
W !TNFSS- PRI')OI\ <;1 \H \IE~ 7, 1955, aS amended,
( 'CJ I'I ES! ( JR lGI:-..A I ICJ Dl~ f!:ICf' .'fR(J~qQ.liru~tWd3lq'U:l~'-:LSccoRD~ f'O HE L'~£0 II IT II REt)t '!''iT TO COl 'RT FC JR DIS~!ISSt\l .\15 0! l'\rl l'~)E
!)CI( I ~-!r'\ L \1 Ul' I !:tJ \1 111!- l" \\I' l-J;.S}~~ §;4®~)\' \ RD!'I(j f! IE \\" ~RR ·\ ' f [lET ·\I"I':P \'II) IF 1'0~!>:!11 E Y(JI ' R \f.:-.:TE:-.:I"E \Hl:--ITORI:,,; 1).1 1-\
t •\trl ":" \; ~~ t' 1''-'1 ' '' H ... ·.. :,, 1\\ I'CJ \ f Jl "R !'»ROJforTr n Rf l [ \ .,F :l-\ I~
EXHIBIT
\ tP I.:!\\ I 1brar~ F.>nn~ :-JuuceSpccd> Tnai -Detamer t Rev 9. II) Is f. I
,.
IN THE District COURT OF __
W_a_ll_e_r_ _ COUNTY
FORTHE STATEOF Te xas [ 506 District]
------~--~------
t.Jaller Coun ty Sh eriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND
Plaintiff, ) REQ UEST FOR SPEEDY TRIAL AND FINAL
) DISPOSITION ... Pursuant to . . ... . .. .
\'. ) (Tex . Code Crim.Proc. Ann.Art . 51.14 )
) (Constitution , Art. VI , § 10 )
)
Dominique Dontae L aske~ ) CASE 1\0. 11-01 -13703 979-826 -8282
Defendant. ) 11-01 -13704 979-826- 8282
11-01-13705 979-826-8282
Notice is hereby given that the above-named Defendant, Ibn:inig.e D:ntae lasker is
currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at
the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further
show:
I. The defendant is serving an approximate term of 121 months of imprisonment from a
judgment imposed by the United District Court fo r the Scuth:rn District of
California
------~------'
o n ------------'
December ____
16 , ____
2011 __ Defendant has a projected re lease date
from federal custody on __
A___,ug"'-u_s_t_____ _______ , 13 , 20 ~· (see attached sentencing
computation/data sheet).
2. The defendant has been advised that there are, or may be, outstanding citations, warrants,
informations. charges. and/ or complaints pending 1I1 this jurisdiction. Specifically:
~-~apital Murder Charges ... Warrant # 11-01-13703 979-826-8282
2). Capi t a l Murder Charges ... Warrant # 11-01-13704 979-826-8282
3) . Capital Murder Charges .. . Warrant # 11-01-13705 979-826-8282
3. The defendant moves this Court to order he be brought fo r trial, and that prosecuting
authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on
Detaincrs. f he Defendant further requests in an absence o f availability of trial. an in absrenria
resoluti on be arran ged.
'..II' La\\ La hrary FormSJ:-.=oucc:'iptc:dy l raai·Dc:t:uner , Rev 9.'11 1
4. This Motion is based upon the Defendant's Sixth Amendment spet:dy trial guarentee that is
binding on the states through the Due Process Clause of the Fourteenth 1\menJment. Klopfer v. .\'orrh
Carolina, 386 U.S. 2 13. 222-213 (1967). A state is responsible for a defendant's speedy trial rights.
I!Ven where a defendant is held in tederal prison. see: Smith v Hooev, 393 U.S. 3 74 ( 1969). This notice
would further trigger defendant's request under the lnterstate Agreement on Detainers. see: Fex v.
.\1ichigan, 507 U.S. 43, 113 S. Ct. 1088, 122 L. Ed. 2d 406 (1993).
WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and
actions required to resolve this matter by trial or settlement in absremia, including an order for the
district attorney/prosecutor to seek temporary custody from tederal authorities under fAD provisions,
and the dismissal of any outstanding citations, warrants, inforn1ations, charges, and/or complaints,
presently pending in this jurisdiction, within a reasonable period oftime not to exceed 120 days.
Respectfully Submitted,
Dated: ~0 \ ~ /o]'( 01
~~L.sker
No. 22867-298
Reg.
United States Penitentiary
Victorville FCC
POBox~ 3900
Adelanto, CA 92031
CE RTIFCATE OF ~ERVICE
I hereby certify that a copy of this document \vas mailed to the office of the di strict attorney/
prosecutor fo r this jurisdiction, addressed as below.:
lJiS-\-l"t c.t At+ofV\e.. L{
~Lito G1"' ~\ i,d SuAc. I
1\ev--,p&"·\cvtJ. lXl '77<-J~-5
Date: ~Old-- / 0] /3 /_::::::::; ~---
-~Offiinique Dontae Lasker
\ ' IP Law L1brJr~ Fom~s, ~otrceSpccdy I nai -Octa Jn cr t ltev 9111)
CERTIFICATE OF SERVICE
I, Dominique Don tae Lasker , hereby certify that I have served a true and
Notice of place of imprisonment and request for
complete copy of the following:
speedy trial and final disposition . . . pursuant to:
Tex. Code. Crim. Proc . Ann. Art. 51.14, and
Tex. Constitution, Art. VI, § 10
By placing the same in the care and custody of prison officials of the United States Penitentiary,
Victorville USP/FCC, at Adelanto, California, on this ~ day of
_ _ _ ,:. . \. .L.: : :c: . . ~v~r-. . .:.487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
(1988). This service was addressed to the following party or parties:
1). District Court , 506th District 2).
Attn: Patricia Spadachene, Dis trict Clerk District Attorney/Prosecutors
\ ·; ii D U "- :' 8 0 1 ·· l ·,, 'l ! 5 -, !. - ·~ ~~
774:::'t~t54::i24E
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t , ,. .... .,I "' "' ., "'' 4 Urtl;; ll rlt! ! ti iJlt!IJr~ll:tj t~~lt~nr!!l!~~!·cf • Jf
Transmission Report
Date/Time 01 - 09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE
LocaiiD 1 9798267722 Local Name 1 WALLERCNTY. DA OFFICE
LocaiiD 2 Local Name 2
This document : Confirmed
(reduced sample and details below)
Document size: 8.S"x11"
Elton R. Mathis (979) 826-n1s
(979) 82&-T722 Fax
Criminal Dis!rid Attorney
~~\tiller County
January 2. 2013
Wordrn
Unotrd States Penitentiary
Victorville FCC,
P.O. Box 3900
Adelanto, talifomia 92301
In Re: Inmate DOMINIGUE OONTA£ lASKER, 22867· 289
Requen for Temporary Custody (lAO Form V)
Oear Wmlen,
P~a.se find our county's request for tempor.~ry cu~ody so that l~ te Dominque Dontae t.asl S l
I\) J
0
Please be advised that (Name of Inmate) 15oM• N 1"}lA li ])o,,.Jt At: Lt=\.S Kei2...12.S{,f--1.'1¥, who
i y an inmate o! your ins~itution, is under (indicate appropriate]
indictment f"iAfeRiation) (-eompla:tnt) in the (Jurisdiction)
50 'i CJ · W ~I \ev Co(..41vfy {-etJ4.5 , of which I arn the ( Title of Prosecuting
DiSivt,'c:..f H" R OYZ.JV~
=..-
Officer) Said inmate i s
therein charged with the offens s) enumerated below: _,
Of'f'•n•o <•> l \- t? 1 ( 3
(j) ('p.y '1 -\-P.l tv\LAvoev- 1\-0(- 13 =To3o/(;~p;l-..,( }kkvA.-PJo'L.LI-Of-13--:toY-/§)
I propose to bring this per:aon to trial on thie [indicate .appropriate) 1inoictment fi.JII f Wli 1 1on'l
("eo•«P"ta:tnt) within the time specified in Article IV(c) of the Aqreement.
In orda~ thac proceedings in this matter may be properly had, I hereby rQqua2t t emporary cu:atody of
~uch persons pursuant to Article IV(a) of thG AQraament on 0Qt41nere.
Attached he~ewith find in triplicatel
a . Certified copies of the complaint, intormation or indictment
b. Certified copies of the warrant
c. Certified cop1 Q~ ~£ finqerprint:a, photoqraph:a or phy~ical dasc~Lption
r hereby aQr•• that immediately after trial is completed i n this juri.:diction, ! will return the pri soner
directly to you o: alJ.ow any j uriediction you have d~siqnated to taka tEmporary custody. I aqreo Also
to co l•t• Form IX, The Notice of Dis osition o! a Detainer, immediate! a!t e:r trial.
Pr inted Name and Signatur Title J)tS tt?··c:J · Date
~\ i:ON ~ • t-1\ ~~ ti....\..S ( R i l\-\iN...C.I p \-l 011 NoV .l~ 1 20 12
Address : City/State: '1=J4'1-~ Telephone No.:
Ls,l...f 5' l'll.th..$+<~d \..l..-e~p5-bt>cq.:) ,l~xlts q:rq- d."'+~ c..
:~nri wi 11 h r. t:.::ol
&vidence o~ Agent's Autbority Continu•d
To: ( Warden-Superintendant-Director )
h\ek. I. \")cl'Or4-~, \d:_._,~ r-
In accordance with ~he above cepresentationa and the provi~ione o£ the AqreemQnt
on Detainers , thGI persons li sted above are hereby d •aiqnated aa Agent$ for thea
Statca of TG)i.ft S to return
(In~ate' s Name ~a <1. Ij.fgist:er No.) J..A=$\(.&:R:~ DCM:£ttmvt/ 'Db!/TAtf
d¢B:j;.];--
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~~ to the county ot
, for trial.
h{8L4t:j! , Stat e ot
At the completion o~the tri.etl (I nma t e) J..ASJ4:{~. Pof'I\:Z:-,.·Ir:'qutF ;i>ol-/7,:je
~&7- rflf'!Z shal l be returned t o the ( lnetitution and
Add:cees ):
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Dated
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Address ~ ' Q..~~ (\C'\ d. Telephone No.
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U.S. Department o f Justice
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Federal Bureau of Prisons
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Federal Correctional Complex
Off1ce o f che Correct1ona V:c corvJllB, Ca 1forn1a
Ja nuary 31, 20 1 3
Office o f th e District At torney
Elton R. Mathis , Criminal District At torney
Waller County
506th Judicial Distr i ct
6 45 12th St reet
Hemps te ad, Texas 77 445
Re: Las k e r, Domini que Don t ae
Register Number 22867-28928 0
STATE CASE/REFERENCE NO. 11 - 01-13703; 11-01-13704; 11-01 - 13 7 05
Dear Mr. Mathis:
In response to your r~quest for temporary custody p ur s ua nt t o the
In tersta te Agreement on Detainers Ac t (IADA), applicabl e forms ar e
e nc lo sed.
Pl ease b e advised subject has been notified o f your r e quest and has been
af forded a 30-day period in which to con t ac t t he Wa rden of this
in st itution as to any re a son s why he should not be
produ c ed in your S tat e pursuant to the Agreement.
X The inmate ha s wai ved this 30-day period. You may contact
this facility di rectly to arrange for temporary custody.
The inmate has el ected this 30-day period, provided under
Article IV (a), which expires on DATE ) . Any court proce e dings
must occu r after this date.
Pl ease remit to this office the original complet ed Fo rm VI ,
"Evide nce of Agent' s Authority to Act fo r Re ceiving S tate" (BP-A564)
a nd o ri ginals o f t he !AD Form v ( BP-56 8) a nd I AD FormVI !BP-56 5).
Th e p e rsons designated a s agents to re tu r n th e prtsoner to your
S tat e mus t a lso b e th e p e rsons whose sig natures ap p ea r on the Form
VI . Naming alternative age nts would be advisable in case your
primary agents cannot mak e th e trip. The alternate agents'
signa tures should als~ a ppea r on the Form VI. Als o b e advised th at
t he d es ig n ated agents must have in thei r po ss e ss ion a c o py of the
warrant when assuming custody of th e prisoner.
EXHIBIT
Exhibit
I .Sf. !f
?age Two
R£ : L.:Js ker, Oomin1qu e Oontae
negist er No . 22867-289
Inmates who are temporarily transferred pursuant to the !AD remain
under the primary jurisdiction of Federal authorities. Should you
accep~ temporary custody of this inmate, we wish to remind you that
under Article V(e) of the IADA, you are required to return the abov e-
named inmate to this institution after prosecution on a l l pending
charges.
While this inmate is in your temporary custody, he/she will be held in
a suitable jail that meets the level of security required by the Bureau
of Prisons. In addition, security requirements fo r the inmate must
be met. Two law enforcement escort officers, handcuffs, martin chains
and l eg irons are required. Con tract Guard Services are not allowed.
Any problems associated with this i nmate must be reported to t he
individual listed below. This inmate may not be released on ba il or
bond or any other agency while in your custody . Additionally, this
inmate is not to be committed to a state correctional inst itution for
service of any state sentence(s) that may be imposed because of your
prosecution.
To help us with processing, please fill out the enclosed ce rt if i cation
form and return to us before scheduling a date for assuming custody.
Before making scheduling arrangements, please contact this individual
below to ensure all required paperwork and approvals have been met.
If you have any questions on this matter, please call: D.
Wren, Supervisory Correctional Systems Specialist at 760-530-
5 7 48.
Sincer ely
Linda T . McGrew, Warde n
m.u~
Is/ D.
Wren, SCSS
Enclosures: BP-Forms A235, A236, A238, A239
BP-A565, !AD/State Writ - Prosecutor's Certification Form
cc: Clerk of Court
S tate IADA Administrator
13 P-S235 (5 1 )
-
IAD -NOTICE OF UNTRIED INDICTMENT
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
INMATE NAME: REGISTER NUMBER: fNSTITUTION:
FCC VICTORVILLE COMPLEX
LASKER, DOMINIQUE DOra AE 22867-298
Pursuant to the Interstate Agreement on Detainers Act, you are hereby infonned that the following are the
untried indictments, information, or complaints against you concerning which the undersigned has knowledge,
and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER
CAUSE #11-0 1-13703, 11-01-13704 AND 11-01-13705.
You are hereby further advised that the provisions of said Agreement you have the right to request the
appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is
pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial
within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be
delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your
said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.
However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictments,
information or complaints on the basis of which detainers have been lodged against you from the state to whose
prosecuting official your request for final disposition is specifically directed. Your request will also be deemed
to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed
upon you, after completion of your term of imprisonment in this state. Your request will also constitute a
consent by you to the production of your body in any court where your presence may be required in order to
effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the
institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you
are to notify the Inmate Systems Manager of the institution in which you are now confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which
any such indictment, information or complaint is pending may oppose the request that you be delivered to such
prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary
custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or
ord ered sueh d e rJvery.
DATE: NAME AND TITLE OF Linda T. McGrew,
CUSTODIAL AUTHORITY Complex Warden
August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional
Director, Bureau of Prisons Systems Specialist
DATED: INMATE SIGNATURE
Origrnul lruna1c
Copy: J&C File
Cc mrallllc
BP·S236.0SI lAD- PLACEMENT OF IMPRISONMENT CDFRM
FEB~
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
To: Prosecuting Officer Jurisdiction:
ELTON R. MATHIS WALLER COUNTY, TX
Court: Jurisdiction:
506th JUDICIAL DISTRICT WALLER COUNTY, TX
And to all other prosecuting officers and courts ofjurisdiction listed below from which indictments, information or
complaints are pending, you are hereby notified that the undersigned is now imprisoned in:
Institution:
Federal Correctional Complex- United States Penitentiary P.O. Box 5400, Victorville, CA 92301
And l hereby request that a final disposition be made of the following indictments, information or complaints now pending
against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705
CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY
Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by
Law, will result in the invalidation of the indictments, information or complaints.
I hereby agree that this request will operate as a request for final disposition of all Wltried indictments, information or
complaints on the basis of which detainCf8 have been lodged against me from your state. I also agree that this request shall
be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included
herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my tenn
of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in
any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers
Act and a further consent voluntarily to be returned to the institution in which I now am confmed.
Ifjurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court
or officer and return this fonn to the sender.
Forms BP-8238(51), Certificate oflrunate Status, and BP-S239(51), Offer ofTo Deliver Temporary Custody, are
attached.
Dated:
lrunate 's Name and Register No.:
January 30, 2013 LASKER. DOMINIQUE DONT AE
Federal Register: 22867-298
The irunate must indicate below whether he has counsel or wishes the court in the receiving state to appoint counsel for
purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the
jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel
will be construed to indicate the Irunate's consent to the appointment of counsel by the appropriate court in the receiving
state.
A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)
Vrequest the Court to appoint Counsel. (lrunatc's Signature)
,......-;;
(
Record Copy· Sllle lAD Adrninistntor, Copy · J&C File; Copy· Central File (Sect. I): Copy. Proseeuling Official ( Mail Ceniried Relwn Rcceipl); Copy. Cleric ofCoun
(Mail C~ificd Rerum Rcccipl)
1
f
BP-S238.0.SIIAD- CERTIFICATE OF INMATE STATUS CDFRM
Fcbnuty " 94
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
lnmate's Name: Register No.: Institution:
LASKE~ DOMINIQUE 22867-298 FCC VICTORVILLE
DONTAE COMPLEX
Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301
The (Custodial Authority) hereby certifies:
1. The term of commitment under which the prisoner above named is being held:
121 MONTHS
2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS
3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS
4. The Amount of Good Time Earned: 108
5. The Date ofParole Eligibility of the Prisoner:
6. The decisions of the U.S. Parole Commission relating to the Prisoner:
7. Maximum expiration date under present sentence: 11-29-2020
Detainers currently on file against this inmate from your state are as follows:
WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705
Date: Name and Title of Custodial Authority By: (Chief Executive Officer)
Charles E . Samuels Jr. Linda T. McGrew,
1/30/13 Director, Bureau of Prisons Complex Warden
rD. ~·u..-
Wren
Correctional Systems Specialist
Record Copy- State lAD Administrator
Copy- J&C File
Copy - Central File (Sect. 1)
Copy - Prosecuting Official (Mail Certified Return Receipt)
Copy- Clerk of Court (Mail Certified Return Receipt)
' BP-S239.0SJ
FebNary 1994
lAD- OFFER TO DELIVER TEMPORARY CUSTODY CDFRM
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Date: January 30, 2013
To: Prosecuting Officer Name and Title (if known) Jurisdiction:
ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX
And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,
information or complaints are pending
Re: (Inmate's Name) Register Number
LASKER, DOMINIQUE DONTA.E
22867-298
Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this
state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner
to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the
indictment, information or complaint which is described in the attached inmate's request dated:
September 27,2012
The required Certificate of Inmate Status is enclosed. dated: January 30, 2013
If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an
explanation is attached.
Indictments, information or complaints charging the following offenses also are pending against the
inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities
in these jurisdictions for purposes of these indictments, information or complaints.
CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS
19.03 506TH JUDICIAL DISTRICT
CAPITAL FELONY
If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly
acknowledge.
By: (Chief Executive Officer) Institution & Address: Nameffitle Custodial Authority:
¥'~~0 FCC Victorville- USP Charles E. Samuels Jr.
Correctional Systems Specialist P.O. Box 5400 Director
Adelanto, CA 92301 Bureau of Prisons
Linda T . McGrew
Complex Warden
srow_temp.pl https://ecf.casd. uscourts.gov/cgi -bin/show_temp. pi ?file=5774639-0-- ...
Case 3:10-cr-04732-DMS Document 55 Filed 12/16/11 Page 1 of 5
----~------------·
'~lAO 14jB fCASDl (ll~v. VII) JudP.ment in aCriminsl CtJSe
FILED
Sheet I
UNITED STATES DISTRICT Co
SOUTHERN DlSTRICT OF CAUFORNTA
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v. (For Offenses Committed On or After November I, 1987)
DOMINIQUE DONTAE LASKER ( I) Case Number: IOCR4732-DMS
Robert Carriedo CJA
DefO'l42 U.S. C. § 1690 I. et seq.) as directed
by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which be or she resides. worlcs, is a student, or
was convicted of a qualifying offense. (Check if applicable.)
0 The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant paf any such fine
or re~tltutio n that n:mains unpaid at the commencement of the term of supervised relcnsc in accordance with the Schedule o Payments set
forth in this judgment.
The defendant must comply with the standard conditions that have been adopted by this court. The defendant shalt also comply with
nny special conditions imposed.
STANDARD CONDITIONS OF SUPERVISION
I) the defemlant shall not leave the judicial district without the permission of the court or probation officer;
2) the defendant shall report to the probation officer and shall submit a truthful and complete written report withi n the first five days of
each month;
3) the defendant shall answe r truthfully all inquiries by lhe probation officer and follow the instructions of the prohation officer;
4} the defendant shall support his or her dependents and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation, unless exc used by the probation officer for schooling, training, or other
acceptable r.:ason s;
6) the: defendant shall notify the probation officer atlt>ast ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive usc of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled sub~tancc or any paraphernalia n:latc:d to any controlled substances, except as prescribed by a physician;
8} the defendant shall not frequent places where controllc:d substances are illegally sold, 115Cd, distributed, or administered;
9) the defendant shall nut associate with any persons engaged in criminal activity 3!'d shall not associate with any person convicted of
a felony, unless grunted permission to do so by the probation officer;
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shalt permit confiScation of any
contraband observed in plain view of the probation officer;
I I} the defendant shalt notify the probation officer within seve nty-two hours of being 11rrested or questioned by a law enforcement officer:
12) the defendant shall nor enter into any agreement 10 act as an informer or a special agent of a law enforcement agency without the
pennission of the court; and
13) as directed by the probation ofrJCer, the defendant shall notify third parties of risks that m~y be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confll'm the
dc:fendant' s compliance with such notification requirement.
10CR4732-DMS
3 of5 2/11/2014 9:47 Ai\1
4
1 THE STATE OF TEXAS
2 COUNTY OF WALLER
3
4 I, Robyn S. Wiley, Official Court Reporter in and for
5 the 506th Judicial District of Waller County, Texas, do
6 hereby certify that the foregoing exhibits constitute true
7 and complete duplicates of the original exhibits, excluding
8 physical evidence, admitted, tendered in an offer of proof or
9 offered into evidence during the Hearings in the above
10 entitled and numbered cause as set out herein before the
11 Honorable Albert M. McCaig, 506th Judicial District of Waller
12 County, Texas.
13 I further certify that the total cost for the
14 preparation of this Reporter's Record is $774.75 and was paid
15 by County of Waller.
16 WITNESS MY OFFICIAL HAND this the 8th day of September,
17 2014.
18 /s/ Robyn S. Wiley
19 _______________________________
20 ROBYN S. WILEY, Texas CSR NO. 4629
EXPIRATION DATE: 12-31-15
21 Official Court Reporter
506th District Court
22 Waller and Grimes County, Texas
836 Austin Street, Suite 307
23 Hempstead, Texas 77445
Phone: 979.921.0921
24
25
Opinion issued January 27, 2015.
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-14-00630-CR
NO. 01-14-00631-CR
NO. 01-14-00632-CR
———————————
IN RE DOMINIQUE DONTAE LASKER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Dominique Dontae Lasker, has filed a petition for writ of
mandamus, challenging trial court orders denying his motions to dismiss the
2
State’s indictments, under the Interstate Agreement on Detainers Act, TEX. CODE
CRIM. PROC. ANN. art. 51.14 (West 2006).1
We deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Jennings, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
1
The underlying cases are State of Texas v. Dominique Dontae Lasker, Cause Nos. 11-01-
13703, 11-01-13704, 11-01-13705, in the 506th District Court of Waller County, Texas,
the Honorable Albert M. McCraig presiding.
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER ON MOTION FOR EN BANC RECONSIDERATION
Appellate case name: In re Dominique Dontae Lasker
Appellate case number: 01-14-0630-CR, 01-14-00631-CR, 01-14-00632-CR
Trial court case number: 11-01-13703, 11-01-13704, 11-01-13705
Trial court: 506th District Court of Waller County
Date motion filed: February 3, 2015
Party filing motion: Relator
The en banc court has unanimously voted to deny relator’s motions for en banc
reconsideration. It is ordered that the motions are denied.
Judge’s signature: /s/ Russell Lloyd
Acting for the Court the En Banc Court*
Date: March 31, 2015
* En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland,
Massengale, Brown, Huddle, and Lloyd.