Carr, Thomas Raymond

-.
JOANNA STATON
District Clerk
BELL COUNTY, TEXAS
BELL COUNTY JUSTICE COMPLEX
1201 Huey Road • P. 0. Box 909 • Belton, Texas 76513
(254) 933-5197 • Fax (254) 933-5199
Joanna. Staton@ co. bell. tx. us • www. bellcountydistrictclerk. org
This document contains some
pages that are of poor 4uality
August 12, 2015 at the time of imaging.
ABEL ACOSTA
CLERK OF CRIMINAL APPEALS
\RECE~VED ~ij\ij
P.O. BOX 12308
AUSTIN, TX 78711
!COURT OF CRIMINAL APPEALS
NO: 57558-D 61 I(~ 1 ') 2015
EX PARTE
THOMAS RAYMOND CARR
•.·.~
DEAR MR. ACOSTA:
ENCLOSED PLEASE FIND THE ORIGINAL TRANSCRIPT IN THE ABOVE ENTITLED
AND NUMBERED CAUSE.
IF WE CAN BE OF FURTHERASSISTANCE, LET US KNOW.
SINCERELY,
~-
••• ,:,o·
• Postconviction Writ of Habeas Corpus
Cause No. 57558-D
.1
EX PARTE
THOMAS RAYMOND CARR
In the Judicial Courts
VS Of
The State of Texas Bell County, Texas
Delivered to the Court of Criminal Appeals, Austin, Texas on the 12th day of August, 2015 .
• Joanna Staton
District Clerk
Bell C unty, Texas
Filed in the Court of Criminal Appeals, Austin, Texas on the _ _ day of _ _ _ _ __
2015 .
•
• Ex Parte
THOMAS RAYMOND CARR
Application for Writ of Habeas Corpus
TRIAL COURT WRIT NO. FR 57558-D
CLERKS SUMMARY SHEET
APPLICANTS NAME: THOMAS RAYMOND CARR
(As reflected on the Judgment)
OFFENSE: AGGRAVATED SEXUAL ASSAULT
(As reflected on the Judgment)
CAUSE NO: FR57558
(As reflected in Judgment)
SENTENCE: THIRTY (30) YEARS TDCJ;ID
(As described on Judgment)
PLEA: (X) GUlLTY ( ) NOLO CONTENDERE ( ) NOT GUlLTY
•
TRIAL DATE: 11/21/2006
(Date upon which sentence was imposed)
JUDGE'S NAME: HONORABLE JUDGE MARTHA J TRUDO
(Judge Presiding at Trial)
APPEAL NO: N/A (If Applicable)
CITATION TO OPINION: N/A S.W.2d _ _
(If Applicable)
HEARING HELD: YES X NO
(Pertaining to the Application for Writ)
FINDINGS & CONCLUSIONS FILED: _ __,X:...!___ _ YES _ _ _ _ NO
(Pertaining to the Application for Writ)
RECOMMENDATION: GRANT_DENY__ NONE _x_DISMISS
(Trial Court's recommendation regarding the Application)
JUDGE'S NAME: HONORABLE JUDGE MARTH J TRUDO
(Judge Presiding at Habeas Proceeding)
•
No. 57558-D
• EX PARTE
THOMAS RAYMOND CARR
X
X
X
IN THE 264TH DISTRICT COURT
JUDICIAL DISTRICT
BELLCOUNTY, TEXAS
I
INDEX
VOLUME PAGE
Clerk's Report.............. ;................................................................................................... I
J
Index .................... :........................................................................................... ~......... II
Applicant's Petition................................................................................................... 1
State's Answer........................................................................................................... 272
Motion to Enter Proposed Findings of Fact and Conclusions of Law....................... 274
Findings of Fact and Conclusions of Law of the Court............................................. 276
Clerk's Certificate that Record is True and Correct.................................................. 280
•
•
FILED
• COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR A WRIT OF HABEAS CORPUS ZD 15
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
AUG -4 AH II: 02
INSTRUCTIONS
1. You must use the complete form, which begins on the following page, t lie an
application for a writ of habeas corpus seeking relief from a final felony conviction
under Article 11.07 of the Code of Criminal Procedure. (This form t.s not for death-
penalty cases, probated sentences which have not been revoked, or misdemeanors.)
2. The district clerk of the county in which you were convicted will make this form
available to you, on request, without charge.
3. You must file the entire writ application form, including those sections that do not
apply to you. If any pages are missing from the form, or if the questions have been
renumbered or omitted, your entire application may be dismissed as non-compliant.
4. You must make a separate application on a separate form for each judgment of
conviction you seek relief from. Even if the judgments were entered in the same
court on the same day, you must make a separate application for each one.
•
5. Answer every item that applies to you on the form. Do not attach any additional
pages for any item.
6. You must include all grounds for relief on the application form as provided by the
instructions under item 17. You must also briefly summarize the facts of your claim
on the application form as provided by the instructions under item 17. Each ground
shall begin on a new page, and the recitation of tbe facts supporting the ground shall
be no longer than the two pages provided for the claim in the form.
7. Legal citations and arguments may be made in a separate memorandum that
complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000
words if computer-generated or 50 pages if not.
8. You must verify the application by signing either the Oath Before Notary Public or
the Inmate's Declaration, which are at the end ofthis form on pages;ll and 12. You
may be prosecuted and convicted for aggravated perjury if you make any false
statement of a material fact in this application.
9. When the application is fully completed, mail the original to the district clerk of the
county of conviction. Keep a copy of the application for your records.
10. You must notify the district clerk of the county of conviction of any change in
address after you have filed your application .
•
FILED
• Case No. _ _ _ _ _ __
(The Clerk of the convicting court wi 11 till this I ine in}O 15 AUG -4 AH II: 02
APPLICATION FOR A WRIT OF HABEAS CORPtfS-=,t-~~F
SEEKING RELIEF FROM FINAL FELONY CONVICT!
lJNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
NAME: Thomas Raymond Carr
DATEOFBIRTH:~OS~/~14~/~19~6~7 ______________________________________
PLACE OF CONFINEMENT: Texas Department of Criminal Justice, Hughes Unit, Route 2
~
Box 4400 Gatesville Texas 76528
TDCJ-CID NUMBER: -><-0.._14=0~59"-=3'-"-l________ SID NUMBER: ~03:!..:5~6~30~8~0~----
(1) · . This applicant concerns (check all that apply):
•
0 a conviction 0 parole
0 a sentence D mandatory supen·ision
D time credit 0 out-of-time appeal or petition for
discretionary review
(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)
264 1h District Court ofBell County, Texas
(3) What was the case number in the trial court?
57 558
(4) What was the name of the trial judge?
The Honorable Martha J. Trudo
• 1
• (5) Were you represented by counsel? If yes, provide the attorney's name:
Court appointed counsel, John Robert Bingham, Teddy L. Potter, Esq,. since retired for
health/disciplinary reason (Ethics Decision Included in prior Application), and Charles
"Monty" Montgomery, Esq.
(6) What was the date that the judgment was entered?
November 21 2006
(7) For what offense were you convicted and what was the sentence?
Aggravated Sexual Assault- First Degree Felony: "Did ... cause a Dildo to ... penetrate the
anus of ... a child less than 17 years of age and ... operated in concert vJith Tammy Bishop
during the same criminal episode, and ... did ... administer a controlled substance to the
said J M ... " Sentence: Thirty {30) years
(8) If you were sentenced on more than one countofan indictment in the same court at
• the same time, what counts were you convicted of and what was the sentence in each
court?
N/A
(9) What was the plea you entered? (check one)
0 guilty-open plea guilty-plea bargain
0 not guilty 0 nolo contendere/ no contest
If you entered different pleas count in a multi-count indictment, please explain:
(10) What kind of trial did you have?
0 no jury 0 jury for guilt and punishment
0 jury for guilt, judge for p~nishment
(11) Did you testify at trial? If yes, at what phase of trial did you testify?
• Yes. Applicant's trial counsel called him to the stand to plea and at sentencing.
2
• (12) Did you appeal from the judgment of conviction?
0 yes 0no
Jf you did appeal, answer the foJiowing questions:
(A) What court of appeals did you appeal t o ? - - - - - - - - - - - - - -
(B) What was the case number? - - - - - - - - - - - - - - - - - - -
(C)_ Were you represented by counsel on appeal? If yes, provide the attorney's
name:
(D)_What was the decision and the date of the decision?-----------
(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?
0 yes ~ no
If you did file a petition for discretionary review, answer the following questions:
•
(A) What was the cause number?
(B)_ What was the decision and the date of the decision?
(14) Have you previously filed an application for a writ of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedures challenging this conviction?
0 yes 0 no
If you answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals' writ number? WR-79,620-02 ,WR-79,620-04,
and WR-79,620-06.
(B) What was the decision and the date of the decision? Dismissed for non- compliance. pro
se not signed, WR-79,620-02 on 09/11/2013. Denied the relief without written opinion on WR-
79,620-04 on 3/26/2014. Dismissed for non-compliance on WR- 79,620-06 on 7/08/15.
~Please identify the reason that the current claims were not presented and could
not have been presented on your previous application.
•
The medical records received from the TDCJ on June 24, 2014 did not have the Uniform Health
Status Update dated 12/26/06. The decision on WR-79,620-04 was prior to receiving the records.
3
• Previously. The Bell County, Texas jail indicated that it had no records. The above mentioned
status update was not included in any records, previously. Habeas counsel met with Applicant on
October l, 2014. The Texas Uniform Health Status Update form was acquired from the records
Department at TDCJ prison system by happenstance. Applicant asked about a document listed as
''unavailable to him". A clerk in the prison brought the afilled out" Texas Uniform Health Update
dated 12/26/2006 to him. The "WAREHOUSE 337600" box- containing hundreds, if not
thousands, of pages of medical records did not contain the update. It was not included in the
response to the "Chapter 64" motion. though other medial information was. Competency was
discussed in the prior application for writ of habeas corpus, but did not show the probability that
the medication was given ABOVE the prescribed amount and ABOVE the FDA
recommended maximum dosage. The claim based on lack of voluntary and knowingly plea, as it
relates to competency at the time ofthe plea, was not presented earlier, because neither Applicant,
• nor his attorney, was able to obtain from update form showing the medication dosage for
Applicant at or near the time of his plea.
A statement was recently obtained from Robert 0. "Buck" Harris. the attorney for Applicant's
wife. The statement clearly shows that there was a deal not to prosecute the wife except for one
drug charge. Applicant's medication and the prosecutoria! misconduct show coercion and a lack of
a knowing and voluntary plea.
Applicant's counsel made repeated attempts to contact Applicant's trial counsel since early 2013.
Applicant's habeas corpus counsel finally received a three ring binder of what purports to be trial
counsel's complete file and notes.
Applicant's counsel was unaware of the victims' medical records containing evidence of the lack of
blood tests and of J M 's use of a prescription amphetamine until the response by the State to a
Chapter 64 motion. Also, the victims' hospital records were not on the court's docket sheet. Counsel
• learn that the records had been sealed, recently. The clerk's office indicated that a court order was
4
• needed to see the records, but ultimately turned over the records. The above proves the claims for
incompetency, lack of a knowing and voluntary plea. coercion. and ineffective assistance of counsel.
(15) Do you currently have any petition or appeal pending in any other state or federal
Court?
0 yes 0 no
If you answered yes, please provide the name of the court and the case number:
(16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to
any final felony conviction, including state jail felonies)
0 yes 0 no
If you answered yes, answer the following questions:
(A) What date did you present the claim?
• (B) Did you receive a decision and, if yes, what was the date of the decision'!
If you answered no, please explain why you have not submitted your claim:
(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief
summary of the facts. If your grounds and brief summary of the facts have not been
presented on the form application, the Court will not consider your grounds.
If you have more than four grounds, use pages 14 and 15 of the form, which you
may copy as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each
ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if you want to present legal
authorities, but the Court will not consider grounds for relief set out in a
memorandum of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73
and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are
•
challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum
5
• GROUND ONE:
Applicant's plea was not voluntary and knowing and was coerced under the 6 1h
Amendment because the prosecutor lied about key facts involving circumstances about the
plea and issued threats of continued prosecution.
FACTS SUPPORTING GROUND ONE:
I. Tammy Bishop, Applicant's wife, actually committed the sexual assault on J M
by shoving a dildo in his anus after the two had a sexual relationship. Applicant had no
physical or sexual contact with anyone that claimed to be assaulted, as evident by the
statements recently obtained from responses to a chapter 64 motion. See Exhibit I.
2. Trial counsel, Charles Montgomery, made statements at a hearing to the effect that
Tammy Bishop was let totally off the hook, was in prison on a light sentence, and was
not being prosecuted at all for rape of juveniles. The prosecutor, Mark Kimball, as
• an officer of the court, stated at that hearing, "That is a lie." He then stated "It's a
lie before the court." See. Exhibit 2.
3. The prosecutor, Mark Kimball, again, as an officer of the court, stated at Tammy
Bishop's plea hearing on November 30, 2005, "I will let the court know that there
are further charges that will be filed against Ms. Bishop. She is well aware of it."
He further says "This, by no means, is the end of cases against Ms. Bishop, and she
is well aware of it."
To this day, she has been convicted of only of one delivery of a controlled substance to
minor charge. See Exhibit 3.
4. At Applicant's bond hearing, Mr. Kimball stated "And every time he [Applicant] gets
closed to getting out of jail, "I'm going to file case after case after case. 1 have
seventeen different cases." See Exhibit 4 .
• 6 .,
• 5. Mr. Kimball asked the following question at Applicant's plea hearing on November 21,
2006, "One thing you mentioned yesterday ... what's going to happen to my wife and
you understand what happens to your wife is up to the State of Texas and the courts and
I absolutely refuse to answer that question" See Exhibit 5.
6. Applicant's counsel has now learned that Mr. Kimball and the wife's attorney,
Robert 0. "Buck" Harris. had an agreement to pursue only one delivery of a controlled
substance to a minor charge. Attached is a statement from Buck Harris saying "As part
of the plea, the prosecutor agreed to NOT PROCEED to indict Ms. Bishop on any
sexua.l assault charge or any other drug charge." He also says "The prosecutor never
madeany demand to plead guilty to any sexual assault charge." See Exhibit 6. This
evidence is completely at odds with prosecutor Kimball's dire and false statements on
the hearing records. Based on Applicant's clear concerns about his rapist wife's deal
and his medication over dosage, as shown below, his plea was not knowing and
voluntary and was coerced.
7. Based on Kimball's statements. Applicant believed that his wife, Tammy Bishop, was
being prosecuted for aggravated sexual assault just like he was. In reality, Tammy
Bishop was "off the hook" for anything other than on drug conviction. Mr. Kimball
sees how important the wife's plea is to Applicant yet still misleads Applicant at
Applicant's plea hearing by not disclosing the agreement.
• 7
• GROUND TWO:
The prosecutor lied about having "blood tests" showing that the alleged victims had
taken methamphetamines. The testing showed that, possibly only amphetamines, not
methamphetamines, were present.
FACTS SUPPORTING GROUND TWO:
1. The affidavit for Arrest and Complaint signed by Detective Mike Simmons was
filed on July 15, 2004 to arrest Applicant on the delivery of the controlled substance
methamphetamine. Detective Simmons states "I have been further informed by the
parents of all three juveniles that the children tested positive for methamphetamine."
The Bell County prosecutor, Mark Kimball, stated that "blood tests are in evidence,"
under the falsehood that the tests showed methamphetamines. See Exhibit 7 and 8
2. ln facts, no blood tests were performed. The alleged victims were tested only once at
Metroplex Hospital late in the evening on June 2 I, 2004 or possibly June 22, 2004.
Only standard urinalysis drug screen test were done, not blood tests as stated by Mark
Kimball. The tests were positive for amphetamines and THC. No tests indicated
methamphetamines. This is true, even though the victims were tested two days after the
incident date. The literature indicates that methamphetamines could show up in the
urine within that time period, if proper testing procedures were done. See Exhibit 9 and
Exhibit 10. Additionally, the Metroplex hospital records show that Je M was
taking a prescription drug, Concerta, an amphetamine. See Exhibit 9. This supported
the Applicant's allegations that the victims were crushing up pills and using them. Trial
counsel, Montgomery, should have reviewed the hospital records. The records would
have been available to him. He never discussed this with Applicant. This shows
ineffective assistance of counsel, lack of a knowing and voluntary plea, and coercion .
• 8
• GROUND THREE:
Applicant's trial counsel, Charles Montgomery, lied about researching the law and
explaining the law to Applicant. Trial counsel's representation of Applicant over the
entire representation shows ineffective assistance of counsel. Applicant now has tria I
counsel's notes after repeated requests.
FACTS SUPPORTING GROUND THREE:
I. The indictments and the amended indictment are so confusing that you cannot understand
them. Mr. Montgomery never explained the indictments or the aggravated sexual assault
allegations to Applicant. See Exhibit 11.
2. Mr. Montgomery was ordered by the trial court to tile a court-ordered affidavit.
Montgomery was to explain his research of the applicable law. He failed to answer any
important questions for the court. He goes into a rant about everything except the law of
aggravated sexual assault and of delivery of a controlled substance. If he could not even
explain the law to the trial court, then he certainly did not have the ability to explain it to
Applicant. See Exhibit 12.
3. Mr. Montgomery did not know the law. Mr. Montgomery eventually sent Applicant's
habeas corpus counsel his entire file in a three ring binder. The binder only had two-pages
of documents on the law. It consisted of portions of the U.S. and Texas Constitution and of
the severance of trial provisions of the Texas Code of Criminal Procedure. See Exhibit 13
and Exhibit 14.
4. Mr. Montgomery's file shows that he recommended filing an "interlocutory" appeal. He
based this appeal recommendation on supposedly errors at the 12re trial motion stage.
Mr. Montgomery stated in the court ordered affidavit that he was never going to tile an
appeal; however, Mr. Montgomery's own notes contradict this position. See Exhibit 15.
9
ll>
• GROUND FOUR:
Applicant could not enter a voluntary and knowing plea due to his incompetence at the time
of his plea hearing. Applicant was being treated with 1200 rng of Seroquel at the time.
FACTS SUPPORTING GROUND FOUR:
I. At the time of Applicant's plea, an unnamed medical provider was dosing Applicant with
1200 mg daily of an antipsychotic drug, Seroquel. The Texas Uniform Health Status
Update shows that Applicant was prescribed 200 mgT g. am., which means one 200 mg
does before noon, and 200mg TTTTI q.h.s, which means five 200 mg doses at bedtime.
See Exhibit 16 and the list of medical abbreviations in Exhibit 17.
The prescribed amount far exceeds the 800 mg daily recommended maximum dosage in the
literature. The literature indicates that side effects of the drug could include dizziness,
drowsiness, altered mental status, confusion, and other potential complications. These
• severe side effects are for the recommended dosage at a maximum of 800 mg daily.
Applicant was receiving 1200 mg daily. See Exhibit 16 and 17. _ _ _ _ _ _ _ __
2. Frank Pugliese, Ph.D, a forensic psychologist, appointed by the trial court a_QQarcntly on
Montgomery's request, determined Applicant incompetent. Dr. Pugliese found that
Applicant was delusional and hallucinating to the point that it resulted in impaired
judgment and ineffective communication with Montgomery. According to Pugliese,
competency restoration included adjusting his medication needs. The adjustment would be
appropriately addressed in a psychiatric facility. See Exhibit 18.
3. The trial court ordered Applicant to be committed to North Texas State Hospital. The
order included assessing whether he could be restored to competency and if he had a
mental illness. Joseph Black M.D. at the facility eventually sent a report indicating that
Applicant's competency was restored. Joseph Black M.D. See Exhibit 19 .
• 10
IJ
• Dr. Black's report does not indicate that he ever interviewed Applicant after the initial
admission. Instead, B. Thomas Gray, Ph.D., a psychologist, did the entire evaluation. He
found Applicant to be malingering. At the same time, he says that it is "quite
important" for Applicant to take his psychoactive medication. He also states that it is
unclear whether Applicant needs the medication to maintain trial competency. It was at
this facility that Dr. Black switched Applicant from a previous antipsychotic medication to
800 mg daily of Seroguel. See Exhibit 19 .
•
• 11
)8
• GROUND FIVE:
Applicant could not have been found guilty under the aggravated sexual assault statute
because no "date rape" drug was administered.
FACTS SUPPORTING GROUND FIVE:
1. Applicant was indicated for aggravated sexual assault with one of the aggravating
factors being the administration of a "date rape" drug to the alleged victim. See Exhibit II
2. The legislative history of the statute makes it clear that Methamphetamines are not
included as an aggravating factor and are not defined as "date rape" drug. See
Memorandum of Law.
3. The Metroplex Hospital Records of the victims show that NO "date rape" drug was
found in their systems. Additionally, the statements ofthe victims and of Tammy
Bishop show that no one was administered a "date rape" drug. See Exhibit I and
• Exhibit 9.
-----------------------------···--·-
• 12
• GROUND SIX:
Applicant could not have been found guilty under the aggravated sexual assault statute
because he did not "act in concert" with Tammy Bishop.
FACTS SUPPORTING GROUND SIX:
I. Applicant was indicted for aggravated sexual assault with one of the aggravating
factors being that he acted in concert with Tammy Bishop. The statute provides that
Applicant must I) cause the penetration of the anus ofthe victim and 2) act in concert
with another assailant who causes the penetration of the anus of the same victim. See
Exhibit II.
2. The legislative history of the statute indicates that this aggravating factor was added for
"gang rape" situations. The history shows that the intent was to stop multiple rapists
situations. See Memorandum of Law .
• 3. After obtaining the statements of the alleged victims and of Tammy Bishop, it is clear
that there were not multiple rapists, here. The only rapist was Tammy Bishop. She was
the only person to have sex with any of the victims. She was the only person to have
actual physical contact with the victims by dildoing them in their anuses. See Exhibit __L
• 13
• GROUND SEVEN:
Applicant was threatened with repeated prosecutions because he exercised a legal right.
FACTS SUPPORTING GROUND SEVEN:
I. Applicant was almost certainly loaded up with 1200mg of an extremely strong
medication.
2. The Prosecutor had an "under-the-table" deal with Tammy Bishop, the wife, to which
he would never admit, even to the point of lying to the trial court.
3. Applicant's attorney heavily pressed Applicant to plead guilty to the bizarrely written
indictment based on the threats of successive prosecutions against Applicant and,
falsely as it turned out, Applicant's wife. The successive prosecutions were never going
to take place.
4. The Prosecutor admitted Applicant was concerned about his wife during the
• proceedings, but intentionally left the question about what would happen to
Applicant's wife unanswered. Mr. Kimball knew that would happen to the wife,
Tammy Bishop, but did not tell Applicant that she was not going to be prosecuted for
any sexual assault crimes .
• 14
16
• WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEDDING.
VERIFICATION
This application must be verified or it will be dismissed for non-compliance. For
verification purposes, an applicant is a person filing the application on his or her own behalf. A
petitioner is a person filing the application on behalf of an applicant, for example, an applicant's
attorney. An inmate is a person who is in custody.
The inmate applicant must sign either the "Oath Before Notary Public" before a
notary public or the "inmate Declaration" without a notary public. If the inmate is represented by
a licensed attorney, the attorney may sign the "oath Before a Notary Public" as petitioner and then
complete "Petitioner's Information. A non-inmate applicant must sign the "Oath Before a Notary
Public" before a notary public unless he is represented by a licensed attorney, in which case the
attorney may sign the verification as petitioner.
A non-inmate non-attorney must sign the "Oath Before a Notary Public" before a
• notary public and must also complete "Petitioner's lnfonnation. An inmate petitioner must sign
either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration"
without a notary public and must also complete the appropriate "Petitioner's Information.
OATH BEFORE A NOTARY PUBLIC
STATE OF TEXAS
COUNTY OF COR YELL
~vft. ~; J-
f ,
being duly sworn, under oath says "I am
the applicant /~cfrcle one) in this action and know the contents of the above
application for a writ of habeas corpus and, according to my belief, the facts stated in the
application are true.
f-P
SUBSCRIBED AND SWORN TO BEFORE ME THIS 3 DAY OF August 2015.
J~AM.a(~
•
,4:~.::::.~;;.. _ SfiAINA R. MEDFORD
£~,.~_,.:.. % Notary Put> lie. Stole or Texas Signature ofNotary Publ1c
\';.1-"....:;,'f My Comm1ssion Exp1res
'•.::.:i·;::::.·•'' February 20, 2019
15
• PETITIONER'S INFORMATION
Petitioner's printed name:
.-.-
J l ('{\Q4 fv\~ Tesch
.,.J.)...I..~.LI.:l=-:o.0-'..:0~--------
State Bar Number, if appl icable:_lq.:...l.C(j..a.
.
Address: ~· 0 .1::?at- ·:;t=S'5
Go-+tSVl \le, Tx lloCS 'Z 1\
Telephone: dC:Sl\- ~lo 5- 0~3)3
Fax: \- d "5L\~ J 3\- :?S?;Y
INMATE'S DECLARATION
[, _ _ _ _ _ _ _ _ _ _ _ _,am the applicant I petitioner (circle one) and
• Being presently incarcerated i n - - - - - - - - - - - - - ' declare under penalty of
Per:jury that, according to my beliet~ the facts stated in the above application are true and correct.
Signed on _ _ _ _ _ _ _ _ , 20_
Signature of Applicant I Petitioner (circle one)
• 16
11
• PETITIONER'S INFORMATION
Petitioner's printed name:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Telephone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Signed on _ _ _ _ _ _ _ _ _ , 20 __
Signature of Petitioner
•
• 17
FILED
• CAUSE NUMBERS 57,558-A and 57,557-A 2015AUG-4 AHIJ:03
EX PARTE §
§
§ DISTRICT COURT
§
THOMAS RAYMOND § BELL COUNTY,
CARR TEXAS
MEMORANDUM OF LAW CONCERNING COMPETENCY, INEFFECTIVE
ASSISTANCE OF COUNSEL, KNOWING AND VOLUNTARY PLEA,
CONSTITUTIONALITY OF STATUTE, AND OF ACTUAL INNOCENCE
Applicant presents this memorandum of law. He states that all facts alleged in this
document and all legal authority cited are fully incorporated into the
Application for Writ of Habeas Corpus. The Exhibits List, containing three
pages and indicating twenty-five exhibits, is fully incorporated into this
• memorandum of law and into the Application for Writ of Habeas Corpus .
Pursuant to T.R.A.P. 73 the word count for this Memorandum of Law is 3,561 and
for the Exhibits List is 738 words. The total word count is 4,299 words.
I. APPLICANT NEVER HAD A PROPER COMPETENCY HEARING
BASED ON TEXAS LAW
ISSUE PRESENTED: If a defendant was heavily over-medicated, had been
previously declared incompetent to stand trial, and was found competent solely on
a hospital doctor's report- after said doctor never interviewed the defendant- in
declaring defendant competent to stand trial, may defendant plead guilty to a
crime?
I. Applicant can seek relief through habeas corpus if the court does not hold a
proper competency hearing. Ex parte McKenzie, 582 S.W.2d 153, 154 (Tex.
Crim. App. 1979). The appropriate remedy is a remand for a retrospective
hearing if possible. Ex parte Ridley, 658 S.W.2d 177, 178 (Tex. Crim. App.
1983 ). Applicant is entitled to relief where he was (1) denied effective
•• Page 1 of 15
• assistance of counsel at a competency hearing, (2) the competency
hearing was improper for some reason, or (3) the trial court erroneously
failed to hold a competency hearing. Ex Parte Garrett, No. WR-75,447-
01, 2011 WL 2382572 (Tex. Crim. App. June 8, 2011) cited because it
lists cases holding that the proper relief is a retrospective competency
hearing, if possible. Huff v. State, 807 S.W.2d 325 (Tex.Crim.App.l991 );
Hawkins v. State, 660 S.W.2d 65 (Tex.Crim.App.l983)(vacated on other
grounds, 494 U.S. 1013; 110 S. Ct. 1313; 108 L.Ed.2d489; 1990)); Brandon
v. State, 599 S.W.2d 567 (Tex.Crim.App.1980)(vacated on other grounds,
453 U.S. 902, 101 S.Ct. 3134,69 L.Ed.2d 988 (1981)); Garcia v. State, 595
S.W.2d 538 (Tex.Crim.App.1980); Callawayv. State, 594 S.W.2d440
(Tex.Crim.App.l980); Caballero v. State, 587 S.W.2d 741
(Tex.Crim.App.1979); Ex Parte Winfrey, 581 S.W.2d 698
• · (Tex.Crim.App.l979).
a. Applicant's trial counsel, Montgomery, objected to a restoration to
competency at what was entitled "Motion on Competency". It was
heard on March 24, 2006. He objected to the North Texas State
Hospital Report. See Exhibit 2. Transcript Vl P 95 through 99.
However, Applicant's trial counsel failed to request a separate
hearing, which could be in front of a Jury, if requested.
b. The Honorable Martha Trudo found Applicant competent based
solely on the report from Dr. Black. See Exhibit 2. Transcript Vl-
97. Lines 7 through 11.
c. If a defendant objects to the finding of competency that is based
solely on the report, then the issue shall be set for a hearing before
• Page 2 of 15
• the court, except if requested, it shall be before a jury. T.C.C.P.
46B.084.
d. Applicant would then have the opportunity to question the North
Texas State Hospital doctors, Dr. Black and the psychologist, Dr.
Gray, who authored most of the report. See Exhibit 19. Applicant
could then present evidence of 1) the medication being prescribed
and its effects on him, and 2) incompetence.
e. Despite Applicant taking large doses of medication and his prior
incompetence, the trial court at the plea hearing simply asked
applicant "Do you believe you are mentally competent to proceed
to court today." See Exhibit 5. Plea and Sentencing Hearing
Transcript Vl-8, Line 10 .
• f. It is baffling that trial counsel had strongly objected to Dr. Black's
report and the circumstances around it, and then states that
Applicant was somehow competent at the plea hearing. In the
court-ordered affidavit, Montgomery responded to Applicant's
concern for psychiatric medication affecting his plea by "trashing"
Applicant. Exhibit 12, page 6.
g. Here, despite Applicant taking large dosages of medication and
Applicant being found competent based solely on the report from
Dr. Black, the trial court simply asked applicant "Do you believe
you are mentally competent to proceed to court today." See Exhibit
5. Plea and Sentencing Hearing Transcript Vl-8, Line 10.
h. The trial court was required to hold a trial on the issue of return to
•
competency because 1) the trial court based its competency rut i ng .
Page 3 of 15
91
• solely on the final report of Dr. Black , 2) trial counsel, Charles
Montgomery, objected to the report, and 3) Montgomery failed to
request a hearing.
2. In order to convict a defendant of a crime he must be competent to stand
trial. A defendant catmot make a knowing and voluntary plea if he is on too
much medication at his plea hearing. A defendant must be able to understand
the indictments and the statutes related to the crimes for which he is charged.
The standard for determining whether a defendant is incompetent to stand
trial, states:
(a) A person is incompetent to stand trial if he does not have:
( 1) sufficient present ability to consult with his lawyer with a
reasonable degree of rational understanding; or
• (2) a rational as well as factual understanding of the proceedings
against him.
(b)A defendant is presumed competent to stand trial and shall be found
competent to stand trial unless proved incompetent by a
preponderance ofthe evidence. TCCP sec. 46B.003.
3. In sum, based on the statutes and rules a defendant must be competent at the
time of his plea to be sentenced. Casey v. State, 924 S.W.2d 946; 949 (Tex.
Crim. App. -- 1996).
4. Applicant's trial counsel did not infonn Applicant of the charges and
proceedings against him because: a) the indictments do not make any sense,
when compared to the aggravated sexual assault statute, b) Montgomery did
not research the applicable law or inform Applicant of the law, c)
Montgomery does not even outline the Jaw as requested by the court and as
• Page 4 of 15
• requested in a June 14, 2014letter from habeas counsel. Instead, he rants
about everything under the sun, except the applicable law, in the court
ordered affidavit. In response to the June 14, 2014 letter, he provided a two-
page document that contained only the double jeopardy provisions of the
U.S. Constitution and Texas Constitution and the statute dealing with joinder
of certain offenses. T.C.C.P. Art.21.24. Montgomery says that he kept no
other research, and says he incorporated his research into his pretrial
motions. However, no research on law was cited in the pretrial motions.
II. DEFENDANT WAS PROSECUTED UNDER A STATUTE THAT
WAS CREATED FOR GANG-RAPE SITUATIONS INVOLVING
SPECIFIC "DATE RAPE" DRUGS
•
IssuE PRESENTED: If a defendant pleads guilty to conduct that was not meant to be
covered by the criminal statute, is the defendant entitled to relief in post-
conviction?
5. The following is a summary of the case law on aggravated sexual assault
involving "acting in concert" in gang rape situations. (The legislative history
is explained infra.)
a. In Miranda v. State, 391 S.W.2d 302 (Tex. App.-Austin 2012, writ
refused), Miranda actually sexual assaulted the victim as a principal
actor. Other assailants sexually assaulted the victim, too. While the
case goes into an explanation of"the law of the parties" and "'acting in
concert", the defendant could have been convicted without the use of
the "law of the parties."
• Page 5 of 15
• b. In Moreno v. State, 04-12-04456-CR (Tex. App.-San Antonio, August
21, 2013), the defendant could have been convicted on multiple
theories without using the "law of parties."
c. In Arredondo v. State, 270 S.W.2d 676 (Tex. App.- Eastland 2008,
writ rerd), Arredondo pled guilty to sexual assault, but not guilty to
aggravated sexual assault. The jury found him guilty of aggravated
sexual assault, because another assailant testified as to pleading guilty
himself to aggravated sexual assault. The court said that was proof of
"acting in concert," because no objection was made by Arrendondo's
trial counsel to the use of the other assailant's guilty plea to prove
"acting in concert."
• d. The court in Arredondo v. State, 270 S.W.2d at 679 attempts to
define "acting in concert" through the use of legal dictionary
definitions. However, the definition of "law of the parties under"
Texas Penal Code Sec. 7.02 is essentially the same conduct required
for "acting in concert." This is double jeopardy.
e. If a double jeopardy claim is apparent on the face of the record, the
court can review a double jeopardy claim in a habeas corpus
proceeding. Ex Parte Denton, 399 S.W.2d 540 (Tex. Crim. App.
20 13).
6. The Texas Aggravated Sexual Assault Statute, Tex. Penal Code Sec. 22.021
(1999) was intended to apply to "date rape" drugs only. Please seethe drugs
• Page 6 of 15
• defined in the statute. Also, the legislative history indicates that it applies
to date rape drugs only. TXB.An., S.B. 1100, 5/13/99.
III. APPLICANT COULD NOT HAVE BEEN FOUND GUILTY OF
DELIVERY OF A CONTROLLED SUBSTANCE WITHOUT THE
COOERCED PLEA
ISSUE PRESENTED: Can a defendant plead guilty to a crime, while over-medicated,
if the state could not have convicted the defendant in a criminal trial?
7. Based on the statements ofthe alleged victims and Tammy Bishop and on
the Metroplex hospital records, the State could not convict Applicant on the
delivery of a controlled substance charge. The State had no physical
evidence taken from the scene ofthe crime. The state simple had
•
uncorroborated statements of accomplices .
8. Absent any cmToborative evidence, possible statements from witnesses will
not prove a drug is Methamphetamine. Steele v. State, 681 S.W.2d 129
(Tex.App.- Houston [141h District] 1984, pet. ref' d). Bright v.State, 556
S.W.2d 317 (Tex.Cr.App.1977). In Steele, the defendant admitted that the
substance he sold to a police officer was cocaine. The chemist did not testifY
that the substance was cocaine. The court held that without other evidence
corroborating the police officer's testimony, such as a lab report, the State
failed to prove a material element of the offense. Steele v. State, 681 S.W.2d
at 131.
9. Here, Applicant was arrested at his home on July 9, 2004, twenty days after
the alleged incident based upon a search warrant. At the time of arrest,
• Page 7 of 15
• Applicant denied "providing drugs to the boys" and "denied injecting any of
them with Methamphetamine." At the same time, the police seized the items
in Exhibit 8. See Exhibit 21. The Bell County District Attorney's office
never provided Applicant's trial counsel or habeas corpus counsel with
Applicant's denial statements. The information was provided as a response
to a T.C.C.P.chapter 64 motion.
lO.According to the Bell County District Attorney's office, offense reports
show that potential illegal drugs were seized on July 20, 2004. See Exhibit
25. The offense reports have never been provided.
11. The affidavit for arrest for the delivery charge states that the incident
occurred on June 19, 2004. It states that statements were taken, a videotape
was reviewed, and the juveniles' parents say their children tested positive for
Methamphetamines. See Exhibit 7.
12.The affidavit for arrest on the aggravated sexual assault charge was filed
over six months after the alleged incident and sworn to by Detective Mike
Simmons. See Exhibit 21. He swears under oath to Judge Martha Trudo the
following "I have reviewed the medical records of all three boys, which
showed positive results for Methamphetamine." The accompanying sworn
complaint was signed by Detective Simmons and by Bell County Assistant
District Attorney, Mark KimbalL See Exhibit 21. They knew the
Methamphetamine information was false based upon the Metroplex Hospital
records. See Exhibit 9 .
• Page 8 of 15
• 13.Per Steele v. State, if you take away the statements of the accomplices, here,
who were not even police officers as in Steele v. State, you have no
corroborative evidence to prove delivery of a controlled substance. No drugs
were recovered at the scene of the alleged crime. Only urine tests were done
on the juveniles several days after June 19, 2004 at Metroplex Hospital. The
tests were potentially positive for Amphetamines, not Methamphetamines.
J M , to whom the Methamphetamine was allegedly delivered, was
taking an Amphetamine, Concerta, at the time of the urine test. While it
would not be corroborative evidence of delivery of Methamphetamine, the
State did not even have lab tests done on the items seized at Applicant's
home.
IV. TEXAS' AGGRAVATED SEXUAL ASSAULT STATUTE IS
UNCONSTITIONAL AS APPLIED DUE TO IT BEING
SUBSTANTIALLY OVERBROAD
lssuE PRESENTED: Can a defendant on huge amounts ofSeroquel plead guilty to
conduct that was not intended to be covered by the aggravated sexual statute by the
Texas legislature?
14.The Texas Penal Code has a confusing and tortured aggravated sexual
assault statute. Tex. Penal Code Ann., sec. 22.021 (West 2003 ).
a. In this case, the facts center on the two aggravation provisions alleged by
the Bell County, Texas District Attorney in the amended indictment as
they relate to the statute.
b. First the State has to prove" [a) person intentionally or knowingly
causes the penetration of the anus or sexual organ of a child by any
means." Tex. Penal Code Ann., sec. 22.02l(a)(l)(B)(i) (West 2003).After
Page 9 of 15
Q1
• proving these facts, the State has to prove the aggravating subsection of
the statute.
c. The first applicable aggravating subsection involves " administer[ s] or
provide[ s] ... rohypnol, gamma hydroxybutyrate, or ketamine to the
victim of the offense with the intent of facilitating the commission of the
offense." Tex. Penal Code Ann., sec. 22.02l(a)(l)(B)(i) and 2(A)(vi)
(West 2003). Applicant found no case law on the provision. The
legislative history of the subsection clearly indicates that the provision
only involves administering "date rape" drugs to the victim with the
intent of "facilitating" the commission of the offense. Crim. Justice, 8 ill
Analysis, Tex. S.B. 1100, 761h Leg., R.S. ( 1999).
1. First, a defendant has to "rape" the child. Next, the defendant has
to provide a "date rape" drug or a "mickey-if you will" to the child
with the intent of making it easier to rape the child. The "mickey"
has to be one of the defined drugs.
2. Based on the newly discovered statements of Tammy Bishop and
the alleged victims, no "date rape" dmg was involved in this case.
This aggravating subsection does not fit.
3. Clearly, in a "date rape'' drug scenario a defendant could be a pa11y
to the offense, under the law of the parties, and fit within the
statute. He could have provided a "date rape" drug or a "mickey-if
you will", to the victim. In this scenario, he could commit
'
aggravated sexual assault.
4. Charles Montgomery somehow had Applicant plead to this
•
aggravating factor, when no "date rape dmg" was administered .
Page 10 of 15
• d. The second applicable subsection involves 1) "act in concert" with
another rapist who causes the penetration of the anus of a child "directed
toward the same victim." Tex. Penal Code Ann., sec. 22.02l(a)(l )(B)(i)
and 2(A)(v) (West 2003). The Texas Penal Code does not define act or
acting in concert. The scant case law found attempts to use legal
dictionaries to define act in concert. None of the dictionaries defined it.
The cases turned to "concerted action" to interpret the '1:erm of art".
Black's Law Dictionary, P.262 (5th ed. 1979); Black's Law Dictionary,
concerted action (18c) (lOth ed. 2014).
1. Since the Texas Penal Code does not define "act[s] in concert", the
courts try to give the words their ordinary meaning. Since the
definition is not apparent after trying to give the words their
ordinary meaning, courts turn to the legislative history behind the
statute to determine legislative intent.
2. The "act in concert" provision was enacted in 1993 as part of a
fairly extensive change in the Texas Penal Code. Tex. S.B. 1067,
73rd Leg., R.S. (1993). Tex.HB 77 had a Bill Analysis provision
· giving a background of the bill that was incorporated into the final
bill, Tex. S.B.l067. Comm. on Crim. Justice, Bill Analysis, Tex.
HB 77, 73rd Leg., R.S.(I993). The legislative purpose ofthe bill
was to "clarify sexual assault as aggravated sexual assault if more
than one individual engages in conduct directed toward the same
victim at the same time". Several high-profile cases of"gang rape"
were part of the reason for the bill. For example, prior to the bill
becoming law, a gang of men could each rape the same women.
Each man could only be charged with sexual assault, unless she
• Page 11 oflS
• was threatened with serious bodily injury or some other factor,
such as use of a weapon.
3. This interpretation is further bolstered by the statute using the
words or terms "acts in concert with another [who engages in the
rape of the child] directed toward same victim" ... Tex. Penal Code
Ann., sec. 22.021 (a)(l )(B)(i) and 2(A)(v) (West 2003). The
legislature chose to use the words "same victim" in the statute. The
legislature inserted the words "same victim" in the statute.
15.Concerted action means "[a]n action ... agreed on by parties acting together
... , so that all involved are liable for the actions of one another.'' Black's
Law Dictionary 18c ( 101h ed. 2014 ); Concerted action (or plan). "Action that
has been ... agreed on and settled between parties acting together pursuant
to some design or scheme". See Accomplice. Black's Law Dictionary 289
(6 1h ed. 1990)Why? If one leaves out the word same in "same victim", then
the change would affect the meaning intended. That meaning is gang rape.
V. A DEFENDANT MUST MAKE A KNOWING AND VOLUNTARY
WAIVER OF HIS POST CONVICTION REMEDIES AND GROSS
INEFFECTIVE ASSISTANCE OF COUNSEL PREVENTS IT
ISSUE PRESENTED: Can a defendant on huge amounts of Seroquel waive his right
to post-conviction remedies even if his counsel was grossly ineffective, especially
in not obtaining discovery or putting minimal or no effort into a case with raised
competency issues?
16. The Court of Criminal Appeals, in a waiver of post-conviction habeas
corpus case, outlines knowing and intelligent waivers of post-conviction
remedies. Ex Parte Reedy, 282 S.W.3d 492 (Tex. Crim. App. 2009). The
• Page 12 of 15
• court found that the ineffective assistance of counsel claim under the Sixth
Amendment was of such a magnitude as to render the guilty plea
involuntary. Ex Parte Reedy, 282 S.W.3d at 499. The trial counsel was
alleged to have been unprepared to present any viable defense for the
applicant. Ex Parte Reedy, 282 S.W.3d at 500. The court also discussed
other claims that could affect a knowing and intelligent waiver of post-
conviction rights such as actual innocence based on new evidence, the
suppression of material, exculpatory evidence by the State, and ineffective
assistance of counsel. These claims may be based upon facts not within the
applicant's knowledge or comprehension despite due diligence and the
assistance of counsel at the time of the plea and waiver. Ex Parte Reedy, 282
S.W.3d at 498.
17 .The Facts mentioned above and in the Application show no rational juror
could have found Applicant guilty beyond a reasonable doubt or "actual
innocence". Also, the facts indicate despite due diligence, Applicant can
show relief based on suppression of evidence by the State and ineffective
assistance of counsel.
18.The following facts indicate suppression of material, exculpatory evidence
by the State that by its very nature could not have been discovered by
Applicant.
a. The Bell County District Attorney's office failed to provide witness
statements, or at least information from the statements that it had:
1. No ''date rape" drugs anywhere in the case;
2. No blood tests, or any test showing a positive result for
•
Methamphetamine, and in fact lied about it;
Page 13 of 15
• 3. No drug evidence recovered from the scene;
4. No evidence to corroborate the statements of accomplices that
Methamphetamines were delivered to J M and
b. The Bell County District Attorney's office provided false information or
flat out lied about:
1. Prosecuting Tammy Bishop for aggravated sexual assault, when Mark
Kimball, the Bell County Assistant District Attorney, had an under the
table deal to not prosecutor her;
2. Pursuing Tammy Bishop on numerous charges, when Mark Kimball
had no intention of doing so;
3. Having blood tests to confirm Methamphetamines in J M and
the other juveniles systems;
• c. The Bell County District Attorney fail to provide trial counsel with a
copy of a statement/infom1ation about Applicant denying delivering
drugs to the alleged victims at the time of his arrest.
d. Evidence discovered from trial counsel, Charles Montgomery, shows that
he had viable defenses, but failed to either follow up or understand them.
The following information has been discovered that he:
1. Did not show facts or law to counter the State's burden of
proof/evidentiary requirements for delivery of a controlled substance
and for aggravated sexual assault. The facts and law were there;
2. Failed to follow up on the absolute right to a competency hearing;
Applicant submits this memorandum of law to the court for review. Applicant
prays for any relief to which he is entitled. Applicant requests a hearing, and an
• Page 14 of 15
• explanation if possible as to why his claims should not be reviewed, especially in
light of the newly obtained evidence.
Timo y Tesch
SBN: 19808200
Tesch Law Firm
P.O. Box 255
Gatesville, Texas 76528
254-865-0313 (ph)
254-731-2584(fax)
teschlaw@gmail.com
• Certificate of Compliance
1, Timothy Tesch, certify that this Memorandum of Law contains 3,561
words and the Exhibit List contains 738 words.
words .
• Page 15 of 15
Exhibits
•
Incorporated By Reference Into the Application
Information and Facts Including 1) Trial Counsel's Notes and Documents
Provided to Applicant, 2) Bell County, Texas D.A. Documents That Show
Incorrect Sworn Affidavits and Exculpatory Evidence, and 3) Evidence of Mental
Incompetency
1. Statement of Tammy Bishop dated July 9, 2004. Statement of J M
dated July I, 2004 with November 4, 2005 crossed out and with initiaLs R.S.
Statement of S G dated July 8, 2004. Statement of C
V dated July 8, 2004. Note the statements of G and V say James
M. Simmons notarizes them, but the numbers on pages do not match the
notary information.
2. Part of Thomas Raymond Carr Motions (sic) on Competency heard on
March 24, 2006.
3. Part of Tammy Michelle Bishop Plea of Guilty hearing heard on November
•
30, 2005 .
4. Part of Thomas Raymond Carr Motion to Reduce Bonds hearing heard on
January 3, 2005.-
5. Part of Thomas Raymond Carr Plea and Sentencing hearing heard on
November 21, 2006.
6. Statement ofRobert 0. "Buck" Harris, Tammy Bishop's attorney.
7. Affidavit for Arrest and Complaint filed July 15, 2004 by Detective Mike
Simmons to arrest Thomas Raymond Carr for the June 19, 2004 delivery of
Methamphetamines to a minor, J M .
8. Notarized Affidavit of Daniel C. De Leon as custodian of the evidence
section for the Harker Heights Police Department dated July 17, 2014. An
evidence log is attached to the affidavit. The section labeled "Lab Analysis
Needed" is blank. This indicates no items were drug tested.
9. Business Records Affidavits from Metroplex Hospital dated November 1,
2006 for J M ,S G , and C V Some, but not
• Page 1 of3
Exhibits
Incorporated By Reference Into the Application
all, of the records are attached. The urine drug screen tests indicate positive
findings for amphetamines and THC.
10. 16 pages of drug testing information for Methamphetamines and
amphetamines.
ll.The indictment for aggravated sexual assault dated March 23, 2005. The
amended indictment for aggravated sexual assault that was amended on
March 24, 2006 by the trial court. Neither indictment tracks the statutory
language of the aggravated sexual assault statute.
12. CoU1t Ordered Affidavit filed by Charles Montgomery, trial counsel, in
Cause Numbers 57,557-A and 57,558-A on AprillO, 2013.
13.Acknowledgment of Receipt ofThomas Carr's File from Attorney Charles
Montgomery received by Tesch Law Firm on June 26, 2014. The receipt is
six pages. The documents sent by Charles Montgomery are attached in other
exhibits.
• 14.Two page Document from Charles Montgomery, trial counsel, showing only
research in his file. It consists of U.S. Constitution, Amendment V, Texas
Constitution Art.l.IO, and Texas Code of Criminal Procedure 21.13.
15 .Handwritten note from Charles Montgomery recommending the filing of an
interlocutory appeal.
16.Texas Uniform Health Status Update (with handwritten number of
#1403931). This document shows the current prescriptions being
administered to Applicant. Note the dosage of Seroquel (one tablet (200 mg)
before noon and five tablets (200 mg) before bedtime.
17.Rxlist, Medicinenet, and other literature. The medication that Thomas Carr
was taking rendered him incompetent to make a plea. The class of drug,
dosage, and side effects for Seroquel include an atypical antipsychotic and
the Max. dosage per day at 800 mg. Common side effects - drowsiness and
dizziness. Other side effect - altered mental state.
18.Report from court ordered examination with Dr. Frank A. Pugliese that was
•
filed with the trial court on October 7, 2005 .
Page 2 of3
Exhibits
•
Incorporated By Reference Into the Application
19.0ne page report from Joseph L. Black M.D. and five page report of B.
Thomas Gray, Ph.D. Both reports were filed with the trial court on March 6,
2006.
20. Affidavit for Arrest and Complaint filed July 15, 2004 by Detective Mike
Simmons to arrest Tammy Bishop for the June 19, 2004 delivery of
Methamphetamines to a minor, J M
21. Affidavit for Arrest and Compliant filed January 3, 2005 by Detective Mike
Simmons to arrest Thomas Carr for aggravated sexual assault.
22. Complete docket information sheet for State of Texas v. Thomas Raymond
Carr, Cause No. 57, 557, delivery of Methamphetamines to a minor, J
M .
23. Complete docket information sheet for State of Texas v. Thomas Raymond
Carr, Cause No. 57, 558, aggravated sexual assault.
24.Copy of June 6, 2014 letter to Charles Montgomery and of release of file to
• Charles Montgomery. The released asked for specific information .
Montgomery has the original signed documents. The copies are not signed.
25.Part of response by the Bell County District Attorney to Applicant's Chapter
64 motion .
• Page 3 of3
I,.
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•
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\ Sl~ptu;e of Notary
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typed name of
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State's Exhibit No · 3 ' page 1 of 5
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Sworn to a~d~)ibed ~~f~re me. at (lf!c~tion) HH f.L)
/'.', ~~~me) 7·~{)PfV\ on (date) ·/-g-o/
~;·g~{UI clNotMy . 'JLi;yJ, ·~.- · ·, <:' tV .'. <
i'im..lrf Puh.ltc In and for the State ofT:exas M Y conunrsston
.· typed on of_ Notar·· f.ll:t(
name
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State's Exhibit No. 3, page 2 of 5
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HARKEk .ffiiGHTS POLICE DEPARTMEN-t. 1!·
State Of Texas li!
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Voluntary Statement - (Not under arrest) p;
THE STAT[ OF TEXAS
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COUNT\' OF _gg"---'---"-----
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who. after being bv 1
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• State's Exl!ljbit No.3, page 3 of 5 . ii
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Exhibit 2
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ORIGINAL
REPORTER'S RECORD
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VOLUME 1 OF 2
3 TRIAL COURT CAUSE NO. 57,557 and 57,558
4
5 THE STATE OF TEXAS IN THE loiSTRICT COURT~~
6 vs. OF BELL COUNTY, TEXAS ~-~
~
7 THOi'1AS RAYMOND CARR 264TH JUDICIAL DISTRit
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MOTIONS ON COMPETENCY
11
.,.. L.
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On the 24th day of March 1 2006, the
"l .)
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following proceedings came on to be heard 1n the
1 'l above-entitled and numbered cause before the Honorable
3_5 Martha J. Trudo, Judge presiding, held in Belcon, Be 1~,,.
16 County, Texas:
•1
j. 7 Proceedings reporte d ·oy Lompu
~ t e rl· zeo· l'<13Chlne
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). -· Shorthand Method.
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24
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L. .J i
e Elizabeth A. Youngr CSR, RPR
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•• 1 L'1R. MONTGOMERY: Th. at 1 s my wh o 1· e po1n1-\;;
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2 Your Honor. II i ·~
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3 THE COURT: Okay. M:r. Montgomery, st~p.
4 I'm finding him competen~L ba-sed on ·what
_ I' ve rece.l· vetti·i ll.
5
;::t ~:j :~::ons you have we'll deal wi thi i t later \l,
6 I m now finding him competent to proceed ·Iii
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7
MR. MONTGOMERY: All right:, Your HonodV
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8 At the conclusion of this hearing I'd like to make a il:
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9 bill of exception. l:.:
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THE COUF.T: All right. Now v-1e'r.-e qo1ntjl,\o
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to proceed with the motion to quash the subpoena. A1 Hi
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12 right. State. ll
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MR. ODOM: Your Honor, for the Court's I'
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information, yesterday I accepted service for
J.S Mr. Garza's subpoena in this case. After meeting witl
1 - Mr. Montgomery, I was advised that he had intended to
~b
17 call Mr. Garza concerning office policy about the bac~
'
18 of the indictment in this case, that is, that the -- ~~t
19 the charging portion cf the indictment but the back ot
20 it contains the words "of a child" after aggravated
t
21 assault. M:r. Montgomery has complaine~ about that,
22 about including that.
23 I will s~ate to the Court right now we;
h it's not pacn
24 agreed to redact those words even thoug
25 of the indictment itself from the back of that
• Elizabeth A. Young, CSR, RPR
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1
-'- apprising the juJ~Y of the vJhole aggravated conduct
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2 the part of the defendant. The jury 1s going to he~t· 1 lt
~~d
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all, Judge. So if the jury is going to hear it all
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4 sentence him for all of it, I want them bound by tha~·
I ~ ·;
5 verdict. :i;
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0' Your Honor should know perhaps 11: wilw
7 make a lot of this go a lot easier, if we address th~:!
8 ugly fact that the heart of this crime is that his w1~e
;; ,,,~
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9 dildoed ·three juveniles over the age of 14. He had 1nb
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lO hand in it except he filmed it. Now true, they can %. . ld
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,l.J_ him responsible under the law of parties for what shil
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1 did.
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l3 They cannot as my motion to quash poJ.~~ts
'-'- Lj out without being in violation both of the Texas il
]_ 5 constitution, the United States constitution, double
l6 jeopardy clauses. They cannot then use the same fact"
1.7 which constitute him acting together with her under t e
18 la~ of parties to come along and say, oh, by the way,;
l9 that's also acting in concert and under the statute 11:.
.2 () · ·
e~evat:es t ne second
1
. d egree o fcense
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Tammy.
They had a good first degree
She was the one who did the dildoing ·
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he was filming it they could have argued that Tammy I
23
I
a first degree offense.
24 prosecutable under for
And they could have pr:osecuted Tarnmv t.,:::
25
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Elizabeth A. Young, CSR, RPR
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a second degree offense of sexual assault.
Wh a t h ave they done? They have let Tammy totally of~ '
But no.
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the hook. She doesn't get prosecuted at all for [he\;' I'
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4 sexual assault for the rape of these juveniles. She~\$:
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5 in prison on a light sentence and they promised her
!·'
6 quick release which is another matter I;ll get to.
7I
MR. KIMBALL: Your Honor, I'm go1ng
p
u object. That 1s a lie.
9 MR. MONTGOMERY: She lS.
10 MR. KIMBALL: It's a lie before the
11 Court.
12 THE COURT: All right. Wait. One at
•• 13
J.L]
time. I want to first deal with this consolidat1on a. ·
joinder and as I look a~ 302 why should not I order
15 since it is apparently and I think that I heard a bond
1.1.. 'C· or didn't -- I believe I heard something on this a lo~
17 time ago. It seems that that --
18 JI'!R. MONTGOMERY: There was a high bond_:
... 0_,
--~ THE COURT: I think I heard something o
20 Lhls a long time ago.
21 MR. MONTGOMERY: Yes, Y9U d id · Your
"~'
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~ Honor saw the tape.
THE COURT: And so why should I not ]O:h I
23
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these for saving the Court's time and I
h e det-endant do~
MR. KIMBALL: Because t
•
25
Elizabeth A. Young, CSRI RPR
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that and then a summary and recommendations. Th.at ' s
what I am referring to and that's what I have reviewJb.
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MR · MONTGOMERY: Exactly, Your Honor, !\I!
tJ and -- and on the next to last page there or second ~~em
5 last page, you have him saying that the defendant see 1Ks
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6 to enjoy trivia game and shows knowledg~ in many
7 subjects. Okay?
"c- And in another part of his report he S< id
I
9 that the defendant was observed making organized requdst
lO of his family on the phone. Mommy, don't send me
J.l cookies. Is that an organized request?· Telling his
12 mother that he can't have cookies at the hospital? Or
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that they can't send him razor blades. Is that an
14 organized report? This report is full of bull.
15 This doctor got tired of Tcim's staying
16 longer than the other patients stayed and wrote a repq t
17 that is full of bull. And we need the report that
18 should have been written by the attending psychiatr1st
1 ()
_,_::J who interviewed this defendant certainly before you cal
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l,_: eradicate and \vipe off the chalk board the report by tr e
21 Ph.D. here in Bell County who had interviewed the
2.2 defendant and had found him incompetent.
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") THE COURT: This is an updated d1agnos11
· · t ~rd t h a t 'ls
"Ll per Joseph Black, M.D. attending psychlatrls d' (
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25 the report.
Elizabeth A. Young, CSR, RPR
•
Exhibit 3
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1 REPORTER'S RECORD
VOLUME l OE' l \l:
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2 TRIAL NO. S8,703 \;
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4 THE STATE OF TEXAS IN THE DISTRICT C~URT
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5 OF BELL COUNTY, T~XAS
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6 DISl"rT
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TAMMY MICHELL£ BISHOP 27TH JUDICIAL
7
8 PLEA OF GUILTY
9 l·~
10 On the 30TH DAY of NOVEMBER, 2005, the followi~g
11 proceedings came on co be heard in the above-entitled and
12 numbered cause before the Honorable Joe Carroll, Judge
13 presiding, held in Bel~on, Bell County, Texas:
14 Proceedings reported by Computerized Machine Shorthand.
15 f''lethod.
16
17
18
19
20
21 I
22 GA YLA R MAY, CSR, RPR
27TH JUDICIAL DISTlUCT COURT
23 OFFICIAL REPORTER
P 0 BOX 747
24 BELTON, TEXAS 76513
(254) 933-5270
'IC,
L-..t
FAX (254! 933-5977
GA~LA R. MAY, CSR, RPR
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2 * * * A P P E A RANCE S * * *
'· 3
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4 ( FOR THE STATE:
5 DISTRICT ATTORNEY'S OFFICE
BY: Mr. Mark Kimball
6 Assistant District Attorney
..,, II SBOT No. 11418030
P. 0. Box 540
Belton, TX 7651.3
8 (254) 933-5215
9
10 FOS THE DEFENDAi·~T:
LAW OFFICE OF R. 0. HARRIS
BY: t··'i:c. R. o. ~.suck) Harris
SBOT No. 09098800
P. 0. Box 169
Kllleen, TX 76540
1.254) 690-4800
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I the
IYlR. KilVJBJl.LL;
for all. p:.nposes.
B1shop.
Your Honor, the State
defendant's con.ession
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MR . HARRIS : N0 objection to State • 5 1 as '\\\:
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5 tendered. 1\
THE COURT: St2te' s Exlubi ~'- No. 1 l· s a ddll.l t ~~d
ii
agains:: 1•1s. Bishop. \ \·
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(State's Sxhibi:- No. l admitted.) \i
Based on that I w1ll state that che evidence ,, '
sc>fficienc cc fino you "guilty." I will w1.thhold a bndcn~\\
Is -chere any further ev ide nee from the s ta ce o ::- l\i"
a':ld ask: ~);
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Defense on punishment 1ssues?
Your Honor, I don' c think '-Ie teu
KIMBALL:
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a PSI 1n light of the 9lea agreement. !\
furthe"C chargeS that Will be filed aga l IS r_
~!lOW that there are
She is t.he major
She is well aware of it.
tJ\s. Bishop.
or a maJOr
in this case,
witness against the co-defendant
There will
co-defendant 1n this case.
;.-Ji cness against t.he on
have to appear probablY
trials in which she will
~.8ver8l of c.
felony offenses involving sexual abuse
'
flrst-degree 1\
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:hild. Judge, :::-::: \
And the main reason we are doing thiS,
safe c.c :.::..:.':.\
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is just not
but it
been in jail a long time,
:-Las
The State has reason to believe her
• h.er on the streets.
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• ~sing
s, by no means,
methamphet.arnine. We certainly don't want that
is the end of cases against Ms. Bi Sil
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well aware of that. i~ .
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Anything from the Defense·>
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THE COURT: ~ 1
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MR. HARRIS: Your Honor 1
Defense would corjfUr
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rlr. Kimball's resuscitation. \\
Ms. Bishop, you agree to wa1ve a presentence
:I~
1nv~stigation report at this time. Is that correct?
'·.1.
THE DEFENDANT: Yes, s1r. 1
['.jF'.. HARRIS: Thank you. \
Your Honor 1
I would further advise the Court tha
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Bishop's sister-in-law and parents are present "' the
'
~:~=~room, and they have been made a part of the loop. and
~~e; have been made aware of the events we have test1fied ~~·
THE CCURT:
All right. That is obviously t~-
fa~~er back there.
MR. Hl'.RRIS: Yes, sir, it lS·
THE COURT: Okay. All right, l"Js. BishoV I
.--.:..:...- find you "gui 1 ty, " assess your punishment at ej_qr: t yea:~"''
I will gj.ve you credj_C fer a!.l c.he
l~s~:t~cional Division.
- en c· e0 you t c
the cc..unty jail an d senl.. -
23· t..r>E .:::':_ght-year term.
' h ened to you now?
•
Do you uDderstan d wh at s app 1
(Indicating)
THE DEFENDl>.NT:
-----------------------------
CAYLA R. MAi, CSR, RPR
. ',..- :.:. , /1 \ ~.-:: :- ;-~ 'I.-,(\
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Exhibit 4
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REPORTER'S RECORD L
2. p
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c?.uss Nos. ·:
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01,8478 Jl.ND
STATE Of TEXAS 53,430
X
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X
5 T.:OMAS )(
6
8
7
I ~***-A·*****
HEl\.P.ING
9
1 ,,
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I MOTION TO REDUCE BONDS
***'*******
12 On the 3rd day of January, 2005, the
p~oceedings
I
following came
•
on to be heard in ;:: ne
above-entitled and numbered cause before the
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Honor& b.!.'
j Martha Jane 'frudc, Judge presidj_ng, held in Belcor:,
/8ell County, Texas.
16
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:..: Proceedings reported by BETSY MOCK CLifTON b
machine shorthand and computer-aided transcription
I
,;_ '::: I
I BETSY MOCK CLIFTON
CERTIFIED ShORTHAND REPORTER
2 :~ fl. Ci. Box 365
'1:~
L
BELTON, TEXAS 76513
(254) 933-5790
24
IL
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2 ~ lvJAHK KIMBAL.L
I
3 ASSISTANT DISTRICT ATTORNEY
BELL COUNTY, TEXAS
4
5
FOP. THE STATE
6
7
8 I MR. TEO POTTER
9 ATTORNEY AT LAW
BELTON, TEXAS
10
ll FOR THE DEFENDANT
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State rests.
2
THE COURT: r·
3 I'I·
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Mr. Potter, j:
4
any other
evidence? j!;
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MR.
!i',: .
POTTER:
6 Your Honor, the i!'l=:
only Other evidence we would ]-1 ave · · · h j'•i
7
I' no ass H s . Hi,
Slmply tnat e ~2s~
... ·I;,
~truck v.1as sold. Hs has no assets .:J'Cl'
8
I ali. He has to depend on his father "'ho's che cnh
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JO b::dhas no I
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I I have nothing furcher.
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THE COURT:
•
Mr. Kimball? I:
:1
MR. KH1BALL: we 11 , numb e ;:- one .1:
1.4
the motion to reduce bail in the deferred adJudicac!a~
case, since that's entirely up to the Court -- and wa~
Court~]:)I
lE
filed this morning -- it was entirely up to the
7
hundce~
1
what bail you set in that case. And I think a
:1!
I thousanci 1s too low. I think it should be aboc;r '"c
I million By law you have to reduce the :I
I ba:~l. _l.. lo l1
I case.
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I But you can put as many restr~c:1ons ~~l'!
21 there as you
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Exhibit 5 ,,I
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REPORTER S RECORD
1
VOLUl.V!E 1 OF 1
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TRIAL COURT CAUSE NO 57,558 \i,. ':
I·.
4 )~ i
5 THE STATE Of TEXAS IN THE DISTRICT COURT\\
I;
6 VS.
OF BELL COUNTY, TEXAs\\,
\
THOMAS RAYt-10ND CARR
264TH JUDICIAL DISTRI T
7
8
9
10
PLEA AND SENTENCING HEARING
ll
On the 21st day of November, 2006, the
•
12
following proceedings came on to be heard in the
14 above-entitled and numbered cause before the Honorable\
15 Martha J. Trudo, Judge presiding, held in Belton, Bell;
16 County, Texas:
17 Proceedings reported by Computenzed Mach1ce'
18 Shorthand Method.
19
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IA P P E A RA NC E S
DISTRICT ATTORNEY'S OFFICE
3
MR. MARK KIMBALL
4 SBOT NO. 11418030
1201 Huey Road
5
P 0 Box 540
Belton, Texas 76513
6 Tel 254 933-5125
Attorney for the State
--,
I
MR. CHARLES "tvlONT:Y II MONTGOL'18RY
8
SBOT No. 14288000
9 4400 Seven Coves Rd
Temple, Texas 76502-6551
Tel 254 986-2531
I
lO Cell 254 541-4164
11 Attorney for the Defendant
•
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16
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19
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• 25
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Elizabeth A. Young, CSRI RPR
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A
Q
Yes, sir.
And so I informed you, did I not, that you
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3 either take this or we just go to trial December 4 anw:
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you just get what you get?
·L\1
5 A Yes, sir. \\'
6 I also told you that this case wou1d not
t't
Q
of the
7 \A/OUld not give you 30 years if the families
8 three boys 1'nvol•·ed
v
a·l·d not g1'\.re t h eir assent to that
0J 30 years, correct?
10 A Yes, sir. '
Q
Well, you've got some thanking to do for sornEji
ll
people, right?
•
12
13 A Yes, sir.
Q Not keeping you locked up for the rest of
14
lS
your life. You understand the addendum that I prepare~
for your plea bargain that the judge mentioned
16 . f f .l . ~ 0 .cl_ wr l t
17
specif1cally prohibits you rom 1 1ng any Lype d
18
of habeas corpus or any time seeking any kind of i\
JUdicial review for either of these conv1ctions. . ~'
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19 ·'·
~
hl
20 \ i?eriod.
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I A Yes, sir. I•
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l Q You're stuck-
22 l
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A Yeah.
23 \I down and serve
You go
Nothing you can d o.
24 i Q
your time. When you 1 re done, you're done.
•
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Elizabeth JA. Young, CSR, RPR
\:
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. -- 11<-·
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1 A Yes, slr.
II
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L Q If you seek judicial review, if you file ~.-;rltt
1
3 of habeas corpus, .f
l. you try to file out of time_ aooe~Ol
t- \Ll ~.'
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4 or anything like t~-t
ta ' you understand that -vour ~·i'
5 confessions that you ' ve signed and sworn to will be \,,
- admissible j_n any subsequent proceedings o .
6
7 A Right.
All bets are off and I'm going to file as
8 Q
-
ma~v cases -~s I can and come at you with full force.
9
lO You understand that?
ll A Yes, slr.
Q You had a little stint in Vernon's, correct,
•
12
we had an order restoring your insanity back in
13 vJhen
August or restoring your competency back in August,
14 .\
- c::
l...J correct?
\
A Yes, si:c .
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Q And you told the judge you felt you were
\
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mentally competent. You understood everything that haS
; .\
18
\ happened here today, the charges against you and your
19
\
...--, j-\ I options and everything like that?
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A Yes.
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2"l 1
In fact, Mr. Montgomery didn t bring 1t up
22 Q
tnany hours wi t.lt 'y'OU on
has spent, rnany, ma.ny,
I'<
<--' I but he
\ 7
2 ll, this case, has he not
•
·} <; Yeah .
L-
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\. Elizabeth A. Young,
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Ad \
of the man~,;~
:
1 Q n he's also I:m sure told uou
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t... many' many hours that he h as spent getting discoverv :,\ 1:
3 from me as well as talking with
. witnesses and so fort~,
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4 A Ye s. ~:\\'
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5 Q One thing you ·mentl·o ne d yesterday when in o ~
6 discussions was what's going t o happen to my wife and I
7 you understand wh a t h appens to your wife is up to the
0
' L~he courLLS and I a b solutely refuse
State of Texas ar~d
u
9 to answer that question.
10 A "! ~
(~
1- i.J. Q All right. ;
·'
MR. KilVJBALL: Pass the witness .
•
12
I have a couple O"ft
I,
MR. MONTGOLV1ERY: ''
::
13
14 other questions, Your Honor, real quickly.
l ::::
REDIRECT EXAMINATION
~.J
16 MONTGOMERY:
BY MRQ.
~
Yesterday I told you I was given by the
17
l8
I prosecutor the State's witness list and notice of otnec
crunes, extraneous offenses, et cetera, that might be .,\1 ',II
19
20 offered in evidence in its case in chief, plus the
21 medical records that we had r~quested and I won't name
22 those in court, you knovT what they were.
You understood that the State has done
;~
1
24
I everything that was necessary under the voluminous \
~
L----~--~~--------------~'1\
pretrial requests that we had in thiS case and that
• 25
11'\
Elizabetl1 A.. -'{oung, CSR. RPR
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Exhibit 6
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II
Sent via: <~mail
MA 'r 20, 2015 I!
i!·
Comish Law Fu·m i;.
404 Nor1h Main Street
Bellon, Texas 76513
i
ATTN: Robert 0. "Buck" Harris I
R.r:. Statement Tammy Bishop Y. .State of rixas; Cause No. 5870.1 l
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Dear J'vlr. Harris:
I(
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A.s mentioned in our phone conversation, I am handling a habeas corpus marter for Thomas R.
r
Carr. You indicated that you would sign a statemenr regarding the handling.ofTammy Bishop's case.
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Enclosed please find my proposed statement based on our conversation. Please re\'iew it. If there
are any ch Joss Ulan 14 yean; old. The vid.oots.pe showed
.:
til¢ tlJ.rw minor mllle5 hAving sex and having a dildo used on th.t~m aruilly would be oxtremc;ly
emba.t:rusio.g at a jury trial. fi.ventuaUy. the prolle_ ~
.-:: /
aga1nst the peace and dignity of the State.
I
I
, SWORN TO AND SUBSCRIBED before me on the date first stated above
'.·_II/HIQIII¥111bi!JIPQ/fb
1
27th Judicial Distnct
Bell County, Texas
ey
.,
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.-
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STATE OF TEXAS }
COUNTY OF BELL }
AFFTDI\ VIT FOR ARREST
COMES NOW TilE UNDERSJGNED AFFIANT, A PEACE OFFICER UNDER THE LAWS Of THE STATE Of
TEXAS, AFTER HAVING BEEN DVLY SWORN ON OATH, WHO DEPOSES AND SAYS THAT I HAVE GOOD
REASON TO BEUEVE AND DO BELIEVE THAT THOMAS RAYMOND CARR HAS COMMITTED THE OFFENSU
OF DELIVERY OF A CONTROLLED SUBSTANCE TO A MINOR AS CHARGED IN THE COMPLAINT TO WHICH
THIS AFFIDAVIT IS ATTACHED AND THAT MY BELJEF 1N TiiE FOREGOING IS BASED ON THE FOLLOWTNG
iNFORMATION.
l AM A CERTIFIED POUCE OFFICER UNDER THE LAWS OF Tiffi STATE OF TEXAS CURRENTLY
EMPLOYED BY THE HARKER HEIGHTS I'OUCE DEPARTMENT AS A DETECTIVE. PURSUANT TD MY DUTIES
AS A DETECTIVE, I HAVE BEEN ASSIGNED TilE. lNVESTIOAnON OF A REPORT OF DELIVERY OF A
CONTROLLED SUBSTANCE TO A MINOR fN WHICH THE SUSPECT'S l'!AME IS fi!OMAS RAYMOND CARR
I HAVE READ 1liE STATEMENT OF J M , WHO IS !6 YEARS OLD. HE REPORTS TiiAT THE
SUSPECI'S, THOMAS CARR AND TAMMY BISHOP, CAME OVER TO HlS HOME IN HARKER HEIGlrrs, SELL
COUNTY, TEXAS ON JUNE !9, 2004, WITH MARIHUANA AND METHAMPHETAMINE. JERFID AND HIS TWO 14
YEAR OLD FRIENDS WERE GrVEN ME11IAMPHETAM!NE, BY INJECTION, BY TiiOMAS CARR. l HAVE SPOKEN
TO TAMMY BISHOP, WHO GAVE A VOLUNTARY STATEMENT IN WHICH SHE ADMITS TO INGESTING
METHAMPRET AMINE WJTH TIIE THREE JUVENILES, WHICH SHE AND CARR BROUGHT TO THE RESIDENCE. I
HAVE ALSO REVIEWED A VIDEOTAPE rN WHICH THE THREE JUVENILES, CARR AND BISHOP ALL REFER TO
DRUG USE, AND IT tS APPARENT, BASED ON MY TRAINJ:NG AND EXPERIENCE AS A POLlC'E OFFICER, THAT
ALL THREE JUVENILES ARE INTOXICATED. 1 HAVE BEEN MADE AWARE THROUGH MY INVESTIGATION "i
TI!AT ONE OF TilE 14 YEAROLDS HAD A BAD REACTION TO THE DRUGS AND WAS TREATED AT A LOCAL ,,·'
HOSPITAL. I HAVE BEEN FURTHER INFORMED l!Y THE PARENTS OF ALL THREE JUVENILES THAT THE
CHILDREN TESTED POSITIVE FOR METHAMPHETAMINE.
WHEREFORE, PREMISES CONSIDERED, YOUR AFFIANT REQUESTS TIIAT A WARRANT OF ARREST
iSSUE FOR THOMAS RAYMOND CARR FOR THE FELONY OFFENSE OF DELIVERY OF A CONTROLLEV
SUBSTANCE TO A MINOR
~--·. -- , -..----~-- -----t .· -·
- - -- IIUt ~-
Sworn to and subscribed before roe by the abo\'c named Affiant, a credible person, this the {3 day nf<:..J U. ~---J
2004- .
llllllllllllllllllll
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,__ ------------~~--------~-----
•
Exhibit 8
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. . IN Hie § JN THE 264TH JUDIClhL
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I . § DISTRICT COUHT OF\
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TI-I:OMAS RAYMOND CARR § BELL COlJNTY, TEXAS
Affidavit
:1
lkforc me, the undersigned authority, personally appeared Daniel C. De Leon, who. after by me b~ing
:
duly swom. deposed as follows:
"My name is Daniel C. De Leon. I am over the age of 21 years of age, of sound mind, capable of mak\i1g
thJs i11 !Tidavit, and personally acquainted with the facts herein stated.
"1 am cun-emly employed as a detective with the Harker Heights Police Department ('HHPD') in Har4er
Hc1ghts, Texas, and serve as the custodian of the evidence section. At the request of the Bell County Districl ·
Attorney's Office, I have searched our records in an effort to locate any evidence in our possession on 2G04 H8PD i
Cas~ Number 04-01847. The date of offense in this case was June 18, 2004, the suspect was Thomas Raymond l
I
I Ca_rr (DOB· 8-14-67), and the victims were: J M ,S G , and C rV , wbo, at that tjme f
J \\•ere all _1uvenJles res1ding in Harker Heights/Killeen area. I have attached the two page Evidence SubmiSSion·
I
W Repcm (·Report') to this affidavit as Exhibit "A," and it is included by reference for all purposes. The Report lists /I
. i.j
ill;rns that were seized and placed into evidence by the HHPD officers who investigated the case. Basically the;IJSl
I
il '" co[nposed of a computer and its peripherals, a camera, papers, and items containing suspected illegal drugs oi I
II illegal drug residue. l tems 3, ll, and 14, which are various video recordings, are no longer in our custody beca~1se
I
ll' Lhey ~ver~ returned to the defendant's mother, at his request. In addition, not listed are three Metroplex Hospital
I'
I
I t·epot~s containing the blood t~st results of the three victims, which we do have in our custody. We have no other I
II nems of evidence in this case, and do not now have, nor have we ever had, any biological evidence, or items I
il thought. to contain such, in our possession relating to this case.
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Further affiant saith not." / / / ____ ) /
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Daniel C. De Leon, Affiant
li
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·I
i: SWORN TO AND SUBSCRIBED before me on this the --~l_..c..1;;_._day of July, 2014.
'tl
\J\ y~£-~"- Uh~:::...--.tt_.;__'·------__
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v NOTARY PUBLIC IN AND FOR
II THE STATE OF TEXAS
II
li State's Exhibit No.7, page 1 of 1
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CONTROL NUMBER:
LOCATION:·-----.~; .--
·:
COMPLAINANT: ADDRESS: PHONE:---·--·---
ASSOCIATED BU--::S-IN~E-S_S_:- - - - - - - ------ PHONE: ''
------------------
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NAME ADDRESS ('lACEJSEX/DOB SSN# CHARGE Fl~$0
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1 /he- ']frtu/Y/fc ",_______ I!.!L u) ma&lr..-< i-:;~j 3-!d-/flp I
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.L!i "hup,
- )o,;Yl MJj If(.-/ (_J ,tL/11tk ~id1-;).jC/7c/ - - - - -
3 _ _ __
PBQfEBIY SUfiMiillQ.
CODE DESCRIPTION . .. · LAB ANALYSIS NEEDED
11EMII QTY
__}__ __j___ C _Sj{hazAX~ac~ 'i)j(t;J,£0)'C,~~£
_d:-_ _ - -I-~ £- (~~ tlfaa#c (/;14?) .W£&JO.J5..Qff_U, U · - - - - - - -
_;_"___rr_ _.£__ /:{det2 ~{CL -----------------
__i__ __L___ £ krlcclz lfe'r'h/v~ ;Vt/m~Q.;?.!ijZ({7! ·
J·- __£__ /L;,irelcn~n<>~~ L-C"-.c=.~ce.:.It...;,v~·e-:&::::.ko_ _ _ __
___£_ (-
7
._//cJ. CJ?e a\ said County in Belton, Texas, then and lhere to testify as witness in behaitJot
I
tt\e- S'T ATE OF TEXAS in a climina! action pending in said Court, entitled and numbered on the Cnminal Docker ot1sa1d
Court, THE STATE OF TEXAS vs. THOMAS RAYMOND CARR, No. 57558, and therein remain from day to day,
from term \o term, until discharged by due course of law. < 9trd
::~~~~::,~:~~.N:n:R~ake ~
I!
due return hereol, showing how you have executed the sarne. WHness my ollldil
signature, at Belton, Texas, this 30th day ol October, A.D. 2006. ~~
ij
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By: ________ Depuly. j:
Attorney'_s_O-tr-,c-e-;pc,r,_io r::.._t_o_a_p_p_e_a_ra-n=c::...e_to-c-a""'vo==i=d~
2
Please contact the District \
an unnecessary trip to court. 939-3521 or i-800-460-2355, ext. 52 1 5 ~
t
f:
i·JOTE "11•5 an otfense lor a person .to intentiOnally influence or coer~e a Witness
. t tes !'f',Y rI~rlsel account
,? oX
or to elude legal
of lhe process.
service ll IS
of rhe a! so aas a
person ~
felony oHense 1o harm or threalen to har~ a witness or pr?spectJVe wJtnes~ Jn reta latJOn O !)
.,.111ness or to prevent or delay the persons service as a Witness to a cnme. . i~
1:,,
''lO'fiCIA· "Es delilo intunar u obligar a un lestlgo a declarar con falsedad o a evadJr el pr?c~~o~~ber declarado en juicio o con el alan de
· · dicial Tam bien es delilo penal hew
~menazar con herir a un testigo. o a un testigo prospective, en r~presalia o a consecuenc1a
0
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unoed•r o demorar su comparecencia como testigo de un delito .
.. QIICCS TECUM TO BRING OR PRODUCE ANY & ALL MEDICAL RECOA~g~~~~~8ING
M•r/& ALL' PSYCHIATRIC R_ECOR~S.
OF
cXAJviiN.6.Ti0f'J ,~ TREi1TMEJ'.JT OF JERID MAY F •vr ·
JERIDRMO~~JDU~~~ ~~ 6~~~H~~UGH
5 3
·
PRESENT
DATE ...
"
by deliv,~rying a copy of::'
08
~~~~~;F=--'--
'% ;:
tor the following reasons:
FEES .. sumrnoning Witnesses - $
Mileage------------
Tolal ----·-·-------- $_. _ _ _ __ By:
llllllllllllllllllll!ll!l!!!ll
Oi
52 ;96~J&eJ r~,.,... :~. c,~,,• ~•''"', """"~' ""'~'''' " ""'"'''"
______..________ _
METROPLEX 1 1'1 A Yt JffiRID S
HEALru SYSTEM DOS S!D/cB ()&//'\
EMERGENCY PHYSICIAN RECORD
Psych Disorder, Suicide Attempt, Overdose (5)
ll/! ':l/0 4:
-~
DA Tff IM ELS""3:::Z--- ROOM: -~Arrfwll a I~----------------------------------,.
~C.l..LE..EACI~i,lduo.empJ.}· . ,.
How d1d lngescionlother acu come to attention/ · :1't.
~RIAN: ~tienc _ipouse _paramedicl.-'-~---"-- I1- I
~ --,:
_HX I EXAM UMITEO BY:
VIS &'Pt/...f(1yP-LLL__ ;z~ T 91saa, __ _ I
II
------------------------------1 ;!
Ac·rived br.: _prl..,te car
, . _police
_ambulance (who o.lied!)
pouenr spouse ____ -----------
I ;
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HPI chief complaintrst; ~
1 -Recently
1 seen/treated by doctor ___________________ _
Su1c,dal ThoughLS
Ag1t:ated Hallucinating
---------------------------
l.: __
·----~--~-----·---------- Intentional Drug Overdose
Onse:t- --.-.... ROS N£URO & £YES
Ac:cidencal Dr\Jg Ingestion ~P.Y&CVS
---·-~- _cough___ I
Won~ned ~nee- _ _ __ _trouble breathl n :
_chestpaio _____________ : Q-GU
salferi:ry-
_abdominal pain _ _ _ _ __
:nlld moderate severe When?-------- I
-----1 nau.se.a_____ ·-~---- ---··-·
----------·-- ------1 - •om/Lin!:----------
I
I
- d,arr!lea....-~---··--·-··------·--
----·--------------- I JrobJerns urrnac.ng. _ _ _ _
context:
·---------------
_;,wati~blems _____________ _ ----- - ------- ---- -- ----
SKiN & LrMPH & MS _ _ _ __
-
related co. spou;e f par~nt/ ~on I daughter I significant other
work I lose job! s(hool /leg:~l problems
·----·--·-------·--------
==-=-------------
--·------------
_skin rash 1 swelling _______ ~
1 _jou1t pain _____
I
~-·------
-·
1
J."
-----------------------~-- ··---··---
--------------------- ---------
-··---------------·-· ------·--------- 0-.JI system> neg. e.><d _laci•i droop! CN a.bnorrnality _ _ ~-­ }MEDICAL CLEARANCE FOR PSYCHIATRIC R.EF£1\RAL (1f needed) i \1
Jml 111oto.r r~;:~ponse _ii,Otor/senscry defici'-------- I Boo,ed on HA.P ond. wh. Aceomlnophen. ASA. ETOH. Other) I h::
_:_yni reflexes _abnormal gal>~----------- I •Infectious (Meningitl"- Enceph•li<..ll, Sepsis) ·; 1 ::o\-
L"mrxo,t I,M~tabollc (Thyroid, Hypofirc""'ia. Orvg Wtmdrawal. Hypo•emoa. El.nrolytc>) I ,.\
_cef"'. lymphadenopathy ( RI L )*_ __ '•CNS Vascular and Ochu (CVA TIA. Seizure. Trauma) 1 ,·:
Nf,.CK I BACK j •Oeled p.cient I f1mlly regording: reviewed
Lbrea.~h sour;d$ nmt 1 -lab rerultt d1agnsh 0 unchange1 PA 1 NP SJG!fA TURE
~
}atentJon___ ..
EX)'REM!TIES
~orm:li ROM• __pedal edema_ ---~· .. - . - - - - · - [\TTENDING NOTE; . m•ned
Resident/ PAl NP'> hi nO<)' n:!Vk!wed, patl<:l't •nc.ervl•w~d anC: eX>
.-. ~0 s1gru of trqurr ----.--- - -- --~- ..
?no pe daJ ederna _ --::-_-.:-=.-.:
-_:=-:.. -=-:.--=-=-=.--_-______ - 1 BneRy, pertinent HPIIs:
My penoml e,y.am of patient rewa~-----~- ----;---------
J
'pf.locEouR'is~ - [fRescrainu
I O Intubated
I
_by ED physician
breath ;QNouno clean & ary for next 24 'I 0 Anx.e!y. pan1c arracks. hypervi:!nttlai•On
''ours Le3ve oandage on for 1 day
•cniess \Old dt1erent/y
I 0
0
Back ana neck pam
Bladder 111:ecttan. kodney stones
· On tne second cay. use m110 soap &. I
0 Bums
water or i1ycrogen peroxiae woth equal Ches\ pa1n, costoct-.ondn\Js
0
parts "'a:er :o keep wouno clean Clean Coniunctlvttis, c<:>rnea\ abrasion
0
woenever d1rl> ar,d let dty You should Fever (tylenollmolnn dosrng)
0
~o lh•s even when you have slttches or
0 Fracture---------
:..lapleS.
0 Headaches
· Tnf cieaner your stitcnes, the easier 11 Heaa tnjufles
0
woll be 10 tale ta1<1119 th1S medtc1ne . 0 SiD
Threatened mrscamage
~~-; SPRAINS &STRAINS 0
· Jse r>•t.ows to keep m1urea p;;rt above 0 II is flQ( sate to drink any alcohol whours. may tal gel
• Return to the Emergency Room 11 ll\ef\1l1t\ed
;: F1r.~ers :Jf toes are f\unC, •.·.;)gty, c:.j
Never take any one else's :nedoone or
j1ff~.cull :o n·.ovB 0 qive your child anot~,er chol<:fS rnedlctne
c; t: ~-~ge:s or :oes are clue of p~le even ,f rhey are ~rom I he same farntly
c~ Cosl 9e!s. ·..,ery ugt".!
l'!'! se .... era. steady or greater pain
ACTIVITY
•I FlUID INTAKE No restnd1ons
~: ur•n' &- ·, 2 lvli gta•ses of water a day 0 Up to bath roo~ on\~
. Clear il~uldS for 12-24 hnurs 0 Bed res\ lor _ _ cays
. Sr.
creen/Cna•n
•uq ol CusiO(Iy --,--- I
!'· Ele Exarn fTray set up 2 Sexual Assault!R Kil ape
1.11
I·-~~~~~~~~~-----------------------+:<~~S~~::~:m::en~C~~~Ie~~~i~o~n~--~li~~~~~-~S~I~OO=I~.S=pu~1~um~E:1:c-t~~~~:=~~~::::~---t~~:j
I (Not mcludmg draw•r>g.) · IJ/ood :•
~~;:~~~~~~~~~(~~~~~------i-~~S~u~Gb=·~o~n,~·n;g~~------------------~-1_:~~~~~~
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1 Emolronar Ca1e 4
.f:
~:;---------t:-1~=~:__---~-t~~~~~~E~
! enema Aomlr.isHation.'RectaJ
1----- Surgery DiSl.Spacuon 3 Consul: :.
I
Trache<~l
I
iFetal Hear. Ton'l'S 2 Care \
f~ k;epac~ 1 at10ther Acute, Rehab. 8eM>110ral otal Points: 9 :li' T
ra1lS e< !0
Hospital
f
Fr.
5 11
l loolalior. Care!Pre<:autiOfJS 4 TraM(&fiRelurn lo Nursmg Home"' Other o --,-- ~ :;•·
''
ir------- b~ --_7 l \ j\.'
----------------·----------r--r------------------------------~~~- -~/i " ~ ~~
i'i- P•e'"'>l•ng Monitor Transponto Floor ER witn "5 - "- !',;
2
i !1
t--t------------------------_l~l-:_j--~ -~ -~.~:' i•j):~ 11 11
:. N •nseniOn · Uncomf)l•c.ateo 3 rranspon ro Floor by ER wre (con:l c.a·_._'_e- ---------------------\;+- _-. __o_,.. __"_'c__'_"a_._"_9___
o_r_m
__ ;t ;
O·~e· Enlry ( 1) lf'lCJVl Repaued) !
~1€0
J
~·'o~xv~a~e~o~o~v-,C~aanu~~Ja~o~r~M~a-s~k--------------------4-~~----------------------------------~--~--------------------------~
: Oro& Eon ley \4 •) •ndude u~ed ro dete111"11ne tt'H!. "EO Serv(ce Level• afcare prov!Oed to the pat~nl. ------------------------·-.JI
In a0Cl1I10r. :a tne =R Service Le'.l~ V•s•~ charge, aH procedures pert'ormeO oolfor the patient s.t\ou'-0 be chargecl
~----------------------------------------------------------------~--------~
episOde
\ Only one ER S-er;.IC8 Level rs 10 1:1e ct-arged tor eacn of care \
\c·~l 1P~:•ents cnafl;le~. I
--j
have~ .,.,,~..:;!.·-
no po1ots ano
are ;he&•nls
10
ococed<:re
assrgo~the
Le·;e15 (l:>llrcal Cere) pa11ents are cnes or lt><>se j
oer•nitJon5 contS\f'tOd m \t dOcument Pornts are nor a•••gned
\
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pa11N
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P \', IHI I IJIIU.( 1'1 \ I \I I Hl. HOSPil 11 Pll\ I \1'i ~I(
1.1 ,\,, 1 1\.'. \I'. :i C:Ut'-'~1.
~Hil\11,.1-~·'-l)rfl,~l. ··:IJ-I!f,-~-!'1 \.\IP.,I.SI'I.l~~lllif.llll< \II lill)1('11 1 \i!':, 1'-i)COI'\',.\ l''il'\(l'\-{(ll/l![l)CIJ.\/1\ILS ll':-llfk.\1 \\I; I: 1~
..tl ~1\.(J O.ltoll.,\1 f.J>I,.,Sr\ CU'\111·1(11{11JI'/K/111\I~Ul'\(111'·1\(,J'I{i-('{l{i/II('\IIU\ \i\O~llll'.~,f.\)ll'-l'\ll1\1-lil0"11lil\ iORTIII~COI.L~CllO,:Of'fHISII<'•SI'il 11 :1
l-'l~()l '-ilf.~~r;..'d)llt\i'l~~l~l:>l'(l\~,ll!ll.llil< lilii'\\\11'-I.Ul I{J.\:>U\i\1\LI~ ITT()R\1£) filS ~NI)C'<)I.l.\'.(110''
1\PI"~l' ifl\1
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~!l l l l l l l 10497b6
METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen, TX 76549
(254) 526-7523
PSYCHIATRIC DISCHARGE SUMMARY
IDENTIFYING INFORMATION:
J is a 16-year-old white male admitted with a history of shooting himself
ln t ve1ns with crystal amphetamines at a friend's home and havlng breathing
e
probl~ms .. The frie~d brought him to the emergency room. Refer to the
psych1atr1c evaluatlon for details.
LABORATORY FINDI~GS:
CBC with differential revealed low hematocrit ar: 41.7%-, (42 to 52), MCH at
29.9 P~ (30 to 34), segs at 38.1%, elevated eosinophils at 9.2%, and
basophlles at 1.7%. Comprehensive metabolic panel revealed slightly low total
prote1ns at 6.1 gm/dl (6.4 to 8.2) and elevated SGOT at 38 units/It (15 to
37) · Urine drug screen was positive for a~phetamines and THC. Urinalysis
within normal limits. RPR nonreactive. Thyroid panel within normal
limits.
HOSPITAL COURSE:
Concer.ta was discontinued and no medications were given during his stay here.
He said his parents told him that if he does not change he may end up in jail
•
or be dead and had encouraged him not to use drugs but he ignored them. We
reiterated the same issues and gave his packets of drug education as .i
assignments. H~ had no remorse for his behaviors and no motiva~ion to
changes. He ·.vas euthymic with a blunted affect. He denied suic1dal or· ":!.'
homic1dal ideation. We reviewed the after-care plans. His parents wanted him
co be assessed at Shoreline for possible drug rehab admission there. He
denied depressive feelings, moods swings, auditory or visual hallucinatlons or
paranoid delusions and was discharged to his parents to be taken to Taft,
Texas where he will be assessed by Shoreline Facility for admission to the
drug rehab program.·
DISCHARGE DIAGNOSIS:
AXIS I:
1 Stimulant induced psychosis.
2 S~imulant abuse.
~ Cannabis abuse.
4. Ar:tention deficir: hyperactivity disorder, combined type by history.
s Oppositional defiant disorder. . .
6. Anxiety disorder not otherwise speclfled
AXIS II:
'I
None.
AXIS III. i
\
None.
''
i:
'.
Admit: 06/21/2.004 Patient Name: , J S
06/26/2004 MR # : 2 9 4 2 2 7 Ac c t If : l 0 0 8 4. 2. 3
Disch:
Age: 16Y Dictating: Vijayababu Jampala, MD
Sex. t~
•
Pt Type: P Attending: JAMPALi'\., VIJAYABABU' l'lD
Room:
• i
Page l of 2
~ ' ·
•.
ORIGINAL : :I·
l I.;:
qa
i I i
I
PSYCHIATRIC DISCHARGlll SUMMA.RY
I •-,·
• AXIS IV:
METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen, TX 76549
{254) 526-7523
Severe problems
school - problems
andwith primary
legal support system, peer relationship problems,
problems.
AXIS V:
GAF SO.
RECOMMENDATIONS:
1. He is on no medications.
2. He is being discharged to the parents with recommendations to be assessed
by the Texas Commission on Alcohol and Drug Abuse in Killeen, Texas for
follow-up rehab programs. The parent were also given the name and the
number for the Shoreline Drug Rehabilitation Program in Taft, Texas where
the parents plan to take the patient for assessment for the inpatient drug
rehabilitation program.
VJ/uw
D: 07/26/2004
T: 07/27/2004 11:26:58 E.T.
E: 07/27/2004 11:26:58 E.T./uw
•
Job#: 163760 Doc #: 2327224
CC:
C. T. = Central Time I E. T. :.: Easte~-n Time
i !:,.
Admit: 06/21/2004 Patl'ent Name: , J S
Disch: 06/26/2004 MR.#: 2 94227 Acc t# : 1008423
Sex: M Age: 16Y Dictating: Vijayababu Jampala, MD
•
Room: Pt Type: P Attending: JAlMPALA, VJJAYABABU, JV!D
ORIGINAL Page 2 of 2
PSYCHIATRIC DISCHARGE SUMMARY
\
I.
10 0 8 4 2 3 , M vJ ' , .
v 00029 22..,
JAMPALA s : I
900B I IJAYABABU
6/21/04
MEDICAL ISSUES SUMMARY
• - --~-------~---~--------------~·,-,i--,-i
' '
!
METROPLEX P.AVILION MENTAL HE.t-\LTH
•
NURSING ,tJ.SSESSMENT
,,
I -),----2:.cf_Z5
;; \/
Pat1enl Name f+-·--
Last ·----=-=-.!~:._.==------ Date of Birth· _s_·__,_+j,__, __ ii
•I
First Middle -!!
Age /(; y¥ 5._ Sex: ® F
Race: __,_C=-_ _
Mar1tal Status~if o w
n
1:
(c 1rcle cnt)
Type of Admission:
-~ Voluntary Involuntary l!'
L
:::
Pend1ng legal Charges. @Yes
-----------------------------------------------~
h. /(..J 1 f 0 "T
Date of Admission:
Time: ll_o I !5 a.m c.t:=)
Accompanied by: ""J.._....c._~~ :}-= f(=f cp... 5~:,'-~=:,
-~~·.i.'~
PAIN:
Prlmary Site ------~---:------ _________ How long? ·---- ----~--
---.~, ---
Relieved by OTC/Prescnbed Meds. _ _ _ _ _ ------------------:-··~---
.,~ow
oJ'_)Pain Scale LOW
Ta_k_e_n_?-----::---::---.--~c;--~~~;-=-~-
Ofte_t_l_
1 2 3 4 5 11 7 8 9::;:---11~0~-=_~E;X~T~R~E-M_E__ ------------.-. ~--
\) Comments _________________________ _ ' -
- - - - - - - - - - - - - -,.,----;---
'
FUNCTIONAL Ltmtted ROM/ADL's Explain__________ Redness/Swelltng· ·;
SCREEN:
--·-Contractures (Location)_______
-----Bone/Joint Problems _______ Falls/Or ~!ls:ory _ _ _
Prosthests jt.c.-. -6
(/
Ga1t '
------r-
17
_____ Assisllve Devtce Type New Weakness or Paralysts ----
1
-=---=-=Newly Identified CVA or Head Trauma ------- --:-;--_
-. 'j= WNL Comments . 84 ~v v 00029422TJi~
-.JV'
~
est
_ , !'1D
9008 6/21/04 016~ I
SnJ;tJ.s.
REPRODUCTIVE
FEMALE:
•
REPRODUCTIVE _ __Drscharge
MALE: Sexual Preference ~ Infection Birlh Control
Male~ -=-=-_Sexually Aclr~Yes 1 No ____ Hrslory of STD's
Comrnenls Yesi1rJo
---- ·----------~----
l\'
NUTRITIONAL: t f f f ddolescent Screening
_Unintentional weight loss~ 5% of usual body weight within the last month
V Admission Diagnosis including Anorexia, Bulimia, Malabsorption, Malnutrition (circle)
Child Screening
--~Uninten1ional weight loss :::. 5% of usual body werght within the last month :{
_ _ _ <10% percentile weight for height - .:!
Upon admission, if patient meets one or more of the above high-risk categories. request nutriltonal referral
_____ Food Allergies (List)
____ Nutrrtional Referral -----------·-:-
Yes I No
_____WNL Comments .1.'
--~---:;--
SKit~
______ Color ______ Cysts _ _ _ lnflarnrnation ____ Needle Marks __ .__ DtaphoX~srs
Rash
Lesions EczemaPsoriasisScabies Lice _ _ _ R1ng V\Jorm : ·
::=_--=o,aphoreilc~=-Turg~-:=c~; Farr 1 Poor ___ Dry Cool -==Warm
CQ!d
j; Comments---~--- ---~-+--
•
WNL ----·
LEEP:
---~
If yes, did you require restraint/seclusion? E;.plam --~~- '
------,----
AdUttWo~id you like family notified about restrai!ll/seciuslon? Yes f No
SUBSTANCE , AlcoholPrescription Meds _____ LSD _ _ _Marijuana _ _Methadone ' ,
· ' ~ -, ----H · PCP Stimulants _____ lnha!anl~ . . .
.C..BUSE_ ")V\ ,.,
Co-._all,e erome ____ -,---- .- ,..1_.- .__,__,.y::{.:'::t.x_ !}"Y'-2--t-'._."-?,..:
1, 'J-~ _ .Wiobacco ____Caffeine -c-O.ther (v!hat?) ~r'"'-~-;F' 1 ':--r c.; :; ~
,_~v'l-:--' .._,'>1-~ 2Ac-:~:Y --·.-0:~,~------:-'='cv_~ '.; l~~~,
·r _,__
_ -, .. t'Jiarn how long usage and how much < ; : '/--------
'\1 '~-" ")!-~. \r' ll!_U r,, t-;.)0\ -~.0 ;::____ pv·-~ •>7~~~.:w!.. l- r.~
· '·1 fu:-...LJ >fP
'"'Y\ c.\"' Oa~tUs-e /~ · _~ _4-<--'-- ~~-:;t
- ..,---:- Hrstory of Wrihdrawal e I No Descrrbe p:Jib "-Lt..~ ~ ; . '--"' !___ ~ (_.,
;::;~~~6-· Family Hrstory of Drug Use ( o, What?) ~-b.---------- 11
"'
\)
.t...BUS8NEGLECT _ _:_y;:;?__ History of Sexual Abuse
HISTORY- --~- __ Hrstory of Physical Abuse
-~H1story of Neglect
---~----·~ '
· Oescrrbe I
----------- --------·c·- -\
------------------
• LaDet
.
,.
·- ..
\ \
J
r!JlENTAL STATUS EXAM
-~RSONAL Appropriate _ _ _ Well roomed _ _ _ Unkempt _ _ _ Older I Younger (that sta
----------------~-~------------------D
PPEARANCE: Comments
_ _ _Dyspt10ria E Labile j... Anxious _ _ _ Irritable
____ Paranoid Appropriate
~ Anger (How do you handle anger. Explain)
\...Omments ----------------------l-
ted Hyperactive _ _ _ Erect Posture a ted _ _ _ Un
_ _ _ Slumped ____ Grimacesrrics
Comments
----------------------------------------------------4--
A ECT: ____ onstricted ul _ _ _ Sad _ _ _Angry ___ _Appropria
Comments
----------------------------------------------~~-
e ace _ _ _ erson real ____ 111
_ _ _ Circumstantial Tangential _ _ _ Loose Associations ____ Flight of Ideas
___ Delusional Ideas of Reference Paranoid Ideation _____ Preoccupied
_ _ _- Difficulty Concentrating Confused Grandiose Appropriate
Cornments __________________________________________________ ~--
i-iALLUCINATIONS: _ _ _ Olfactory _ _ _ Command
____ Visual _ _ _ Tactile _ _ _Auditory
Gustatory N9ne
Cornments___,&~~~~~ct:::::A~I::1d.J:..t:;~~'l-6,:~~~b~.L__---------------------tt-
10MICIDALI 1. Past history of suicrde/homicidal attempt (by p!anl_.!LLW-----------'--------1---rt?/
• UICIDAL
HISTORY: 2
3
Date of attempt )rvfJ
Hrstory of surcide rn nuclear and/or extended family Y..... Yes No ?'d
,,g)
4. Self-inflicted burns I wounds present Yes
No -r:-
:=r=No
5 H1story of frequent accidents Yes
Comment _ _ _ _ _ _ _ _:..___--------:-:----~~-
6 Hislorv of self-mutilation Yes -f--No
7 Histor-y of restraint usage YES I ®xplain: ------------·-------++- • ',1
PRESENT SUICIDAL POTENTIAL (Explain any checked items)
No evidence of suicide/homicidal thought or history • I
~ I
•
'
•
'i :,
Rumination 'i'
--:::- Current express intent _
.:..£!?Other violence (i.e., cruelty to animals, fire-settrng, etc)
Comments______________ ·1 '
---~-------------------------~r-:-:
t I
1
I
:· \.
_ _ _Poor Long Term j; Intact
MEMORY: _ _ _ Poor Short Term
Label
I :\
. , I
lOOB 423 M W V 000294227 : :\
M , : 'I
.-
, : :I
JAMPALA, VIJAYABABU, MD- I
1 ~ i
I
90GB 6/21/04 016Y I
5/13/88
PSYCHOSOCIAL DATA
. - ICCUPATIONAL
.
Disabled Menial PI . I ., .
STATUS F nT IP ---- 1yslca 1;1 :
- - - u ln!e art T1rne Employment -(Where?) l': :
______Unemployed j-- Student ' · -----------------~iii_i_·_
Are_11~1ng arrangements satisfactory? · Yes 1 No :li ·
Religious Preference f Needs \;; .
Comments - - - - - - - - - - - - - - - - - - - - - ---.:..;....:.__
PRENATAL
_____Birth Traurna Comp'icat' . P
AND Developmental Delay --- , Ions 0 unng regnancy
CHILDHOOD learning Disability - - . _Mol or Speech Other.-~---
DEVELOPMENT: Immunization Status -~ . - J~ c.. r(\A..{N--A btl r) ----·l-'-
Cnildhood Illness ¥ ~ C:'--- w
1
---~-f=_WNL c;,om~m~en~ts~--------------------------=·--+---
EDUCATIONAL
NEEDS: ___ Limited Education Background
_ _ _ Speech I Language Barrier
ducation
. '
HOBBIES &
LEISURE ~~:?(A~ ~- ~r~----------------1-;+--\;
• .~CTIVITIES: f,;
j::
r='ATIENT'S
IDENTIFIED
STRENGTHS:
,,
!! I.
.
DISCHARGE DISCHARGE TO WHOM: SELF I PARENT I GUARDIAN I SIGNIFICANT OTHER :: i
SUMMARY
PLAN:
~ ~t&::~ =S' ~~~__--1 cL <:...._
__'- ----:-:-
;)-~
.
':I
Upon assessment. 1f the pa!lenl requ1res a referral, notify the appropriate depaliment:
Label
~}
\ -'·
.,
;
';
tjerroplex Pavilion Integrated Progress 1Yotes 1008423 M WV 0002.~227
, .
J'
JAMPALA, VIJAYABABU, •.MD
DATFriME OF ENTRY- DOCUlv1ENT EACH SHIFT TO INCUJDE 900B 6/21/04 01 ~ I
All signs/symptoms, interventions, evaluation 5!1 \\188
• --.·-+-----
PPOGRESS RECORD MH 51~ 3
902065
METROPLEX HOSPITAL
2201 S. Clear Creek Road
•
KilJeen, TX 76549
Dr. Phillip Day *Dr. Fayza Reheim
Pathologists
0;:-dering t'hysic:ian.: JAfviPALA, VlJAYABA.BU, l\1D
Patient: M ,
Phys1cians: Location: 9A
J~~PALA, VIJAYABABU, MD Case tl: 1008423
Med Recif: 000294227
Admit Date: 06/21/2004 Discharge Date: 05/26/2004
"*••••*••••••*•********************* Hematology
i!
;;
~·EsT ·······*·•••••••*•············~~·-···
LJNITS · WBC RBC HGB HCT tvlCV MCH MCHC NPV •·
xlO' 3/uL x10' 6/uL g/dL % fL g/dL t"L :1:
3/~4
LO-hi
4 0-12.0 4.7-6.1 14.0-18.0 42.0-52.0 80-94 32-36 ;\
- - - > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - ~f2 -----
06/22/04 {I'
')5lS 8.0 4. 83 14.4 :j
41. 7L 86.3 29.9L 34.6 9.4 i
Hematology
TEST. PLT DTYPE
0
SEGS LYMPHS MONOS EOS BAS OS
'5 x10'3/uL % % % %
:i.l.S-13.5 140-450 40-75 15-50 1-12 0-5 0-1.5
06/22/04
------------------------------------------ -------~----------------- .. ---~-------1 ~- ... --
0515 l3. 0 173 AUTO DIFF 38.1L 44.9
....
w"'
·- {l
.,
Free t4
I ;1de.:;<:.
ug/dL
--------------------------------- --------------------------
Chemistry
-------------------- H
il
!:
-~t----
-~6/22/04 ~: ~~
;'.•
G':· l S J 10
.~ i~
. ~
r,•••••*•****•*********************** Chemistry ***************••·~············~ry-···
C l ivm :
-:-Lt:ST· sodium Potassium. Chloride C02 Glucose BUN
mg/dL Creat
mgidL
0 c
mg;'dL" ·:
L:?-JI-:-~
mSq/L mEq/L mEq/L mEq/L ~~~~~0 7.0-22.0 0.6-1 2 8.5-10 l
'.·.)- !--! T
135-146 3.5-5.3 98-108 _____________ ... ----------------- -------
21-32 -~----
--------------
1. ' 9.0
1.41 3 .a 104 29 78 14
==~=======~=~=~~~=====~=====:z====~== Chemistry
SGPT T-3 T.EABlJ, fvlD
':··
Patient• t ,J S Location: 9A Room: \ ~:
9~io,s. 04-A
Physicians: Case#: 1008423 11
JAMPALA' VIJAYABABU I "ID
,. Med RecU: 000291227 I \. 'i
Adrnit Date: 06/21/2004 Discharge Date: 06/26/2004 ·,)
TEST.
"' :,~~~ ~"'""'" '""' """""""""""""'""'"' Chemistry ""'' . . . . . . . . ""'" , . . , , •• " ••• , . ·~• ••. , •
UNITS
\t
----------~------~---
-· -------------------- ~------------ --- ------ --- ~r-----
\'
ll•.:./2:?/04 ;1
riS 15 078
*~*~~******~~***************Drug Screen *~*~**~****~*~**~*****k**~*** ,,
?l
06/2~/04
,.
i
l4SO Drug Screen, Urine I.
I
Amphetamines, Urine * Positive [NEG]
Barbituates,Urine Negative [NEG]
Benzodiazapine,Urine Negat.ive [NEG]
f
Cocaine, Urine Negative [N.EG] I··
·-
Opiates, U.rine Negat::ive [NEG]
Phencyclidine,Urine Negative [NEG]
THC,Urir1e * Positive [NEG]
Immunology
THIE·
06/22/04 NORMJl.LS UNITS
0600 -·-------.-r---
--~--------------------·-------------------------
-------------- --~----
i.
Yellow
~= ·~· ~ :_-..r Clear 5.0-9 0
s.s 1.001-1 035
11l':J/d!~
>=' 1.030 NEG i\ '\
::;!JeC ~ f 1 c Gra.v1.ty mg/dL ;·
Negative NEG
:.1 ucose rng/dL , I
Negative NEG
61Lrubin /u.L
Negative NEG
9
~::2r.ones 1119/ ciL
Negative NEG
·.:i lcoci mg/clL
Negative 0 2-1.0
:;·;:c.::ei !l
0.2
_!;_-ob1:.: :log en ;·
.\,,
/
9A/ 9A0904-A \1 ;·r
!l l
.~ .. l> Y, J S P<~ge:!l4!
SEX:M CONTINUED I:
uGB:DS/D/1988 AGE:l6Y INPATIENT MEDICAL RECORDS
l
~rin:ed 06/27/2004 07:00
::.... I J
'~'
• 1
111
1:
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e. ,I'v {(_
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_prz:j, /I I
AFFIDAVIT
Before me, the undersigned authority, personally appeared
~
Ii .
;C6 v . t.J'----
·---'~----~~~;-;:::-:::-:----:7"::-:-:::;-;---'--------- who being by me du 1y swo ~
. \
\\
I
·~
\
.
(FULLNAH£) :\
'!'
deposed as follows:
My name is ,111e/k\. /Jum-t s"5;)-zvk6·J!()·-- I am of sound mind ~i.,,
I
,.
capable of making this affidavit, and personal1y acquainted with the facts herei~i:
stated:
, am the custodian of the records or ms:n op I Eci. \:±o~pJ.i<'Z,.~
C\~0 I s .C lQ Qc (ye.e_j(_ lld- I(; l 00'1 rb J (o~ Sf 1 \
(NAME OF FACILITY AND ADO ESS) \
Attached here are \d-.L\ pages of records from the medical records of 1!,
•
--or.--(
(ADMISSION ANO DISCHARGE DATE)
'\
These said pages of records are kept by said Hospital in the regular course of '\
business, and it was the regular course of business of said Hospital for an ',
employee or representative of said Hospital, with knowledge of the act, even~, ;~
condition, opinion, or diagnosis, recorded to make the record or to transmlt ,
information thereof to be inc1uded in such record; and the record was made at or :':
near the time or reasonable soon thereafter. The record attached hereto are the ·~'i:
original of exact dup1 icates of the original.
S~ORN TO AND SUBSCRIBED before me
1 '
i :\
SEAL
(Printed Name) 'l:
Q\ -l~ ~8 oO 1 \: i
Hy Commission Expires:
THE STATE OF TEXAS
llllllllllll!llllll!lll!ll!lll!lll!
I :COPY *** SUBPOENA - Duces Tecum "*"
•
5'7 5 58
Cause No. 57558
To The Sherilf. Constable, or any Peace Officer of BELL County, said State, Greeting:
~ cf L~/ d,~~~· p
You are hereby commanded to summon:
1D-d~ ()Lj · I
I
·- .... ;_;,_/d
CUSTODIAN OF RECORDS
METROPLEX HEALTH SYSTEM
Or Serve At: :; . ·:
RETURN TO DA'S OFFICE F_Q~_SER_YICE·~
·;I :::.·I--'- o~r; - s/
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to be and appear • • • • • I N S T ANTE R • • • • • before the Honorable 264 Distnct Court of Beil Count~~
liexas. to be held at the Courthouse of said County, in Belton. Texas, then and there to testify as witness in behal bf
t~e STATE OF TEXAS in a criminal action pending in said Court, entitled and numbered on the Criminal Docket o !sa;d
qourt, THE STATE OF TEXAS vs. THOMAS RAYMOND CARR, No. 57558, and therein remain from day to day,
fr.orn term to term. until discharged by due course of law. lro
· Returnable INSTANTER. 1
; HEREIN FAIL NOT, and make due return hereof, showing how you have executed the sam~ Wrtness rn·t ott:cr.l
srgnature. at Belton. Texas, this 30th day of October, A.D. 2006. !
r
Shel'ra F. Norman, Clerk,
264 District Court, Bell County
By {}~av~ Deputy
•
Please contact the District Attorney's Office prior to appearance to
an unnecessary trip to court. 939-3521 or 1-800-460·2355, ext. 5215.
NCDTE "It's an ottense for a person to intentionally influence or coerce a witness to testify falsely or to elude legal process. It 1s also a
lelpny offense to harm or threaten to harm a witness or prospective witness in retaliation tor or on account of the serv1ce of the person as a
w1tness or to prevent or delay the person's service as a witness to a crime."
~~QTtCit\ 'Es delrto intimar u obligar a un tesligo a declarar con falsedad o a evadir el proceso judicial. Tambien es delito penal hern o
an!enazar con herir a un testigo, o a un testigo prospecUvo, en represalia c a consecuencia de haber dectarado en jUICro o con el ilfan de
1mpedir o demorar su comparecencia como tesligo de un dehto."
.. DUCES TECUM-TO BRINC3 OR PRODUCE ANY & ALL MEDICAL RECORDS,INCLUDING
.TES
\
--Summonrng Witnesses-$ _ _ _ _ _ _ __
·Mrleage ------------
Total ............... $, _ _ _ _ _ __
------
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111111111 !11111111 !IIIII !IIIII
v?f:-==r
By: _ _ _
__ Sherrti/Conslable/Percr;:
OHicer!Private Prcqlss
~--t~
Cou.nty, Te~as,
• METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen, TX 76549
(251) 526-7523
i''iI
vuI FlfJENTIA!L
i
PSYCHIATRIC DISCHARGE SUMMARY
IDENTIFYING INFORMATION:
S is a 14-year-old Hispanic male who was admitted with a history of
USlng drug~ including methamphetamine, resulting in auditory and visual
halluc~nat1ons and paranoid delusions on the night of admission. Refer to the
psychiatric evaluation for details.
LABORATORY FINDINGS:
Psychological testing on 6-25-04 by Eugene Waters, Plt.D., revealed a psychotrc
disorder not otherwise specified and borderline personality traits. Refer tc
his report for further details.
CBC with differential revealed inc.reased monocytes. Comprehensive metabolic
panel revealed elevated alkaline phosphatase and bilirubin at 1.3 mg/dl (0 to
l). TSH vJithin normal limits. Urine drug screen positive for THC and
amphetamines. RPR nonreactive. Urinalysis revealed a small amount of
bilirubin, trace ketones and protein with 2-5 red blood cells. EEG revealed
normal sinus rhythm.
HOSPITA.L COURSE:
He was maintained on no medications during his short stay here, as it was felt
chat his psychosis was the result of the drug abuse. He was alert, awake and
more appropriate as the treatment progressed. Family therapy went well. He
admitted to low esteem and depressive feelings. The guy who gave h1m drugs
had reportedly threatened to kill him if he told anyone about who gave him the
dr'-lgs. No cravings for drugs were seen. His lip abrasion was treated with
peroxide. He needed nutrition supplements. He denies suicidal or homicidal
::hcug!1ts. urges or plans or florid psychotic symptoms. He admitted that using
diugs is wrong and that he would not repeat such a mistake again. We
processed how drugs can be detrimental to his health and how they can cause
r;:enta~ status changes. At birth l1e had anoxia secondary to aspirations. He
said he felt supported. He denied suicidal or homicidal thoughts, urges or
;:llans c.nd \·las discharged :i.n stable condition to his mother. We gave him a
drug package which he worked on in his therapy sessions.
DISCHARGE DIAGNOSIS:
AXIS I:
l Psychotic disorder not otherwise specified.
2. Dysthymic disorder.
3 St:.;.mulant abuse, episodic-
.1\XIS II·
Borderline personality traits.
A..X 1 5 I I .I :
None.
ll.dmj_ t : 06/22/2004 Patient Name: G , S
Disch: 06/28/2004 MR#: Z94254 Acct#: 1008534
Sex: i'-'l Age: 14 Y Dictating: Vijayababu Jampala, MD
•
P.oom . Pt Ty'"Pe: P Attending: JAJvlP.Zl..LA, VIJAY!>.BABU, MD
ORIGIN.l\.L Page 1 of 2
PSYCHIATRIC DISCHARGE SUMMARY
• METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen. TX 76549
(254) 526-7523
l
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Severe - problems with primary support system, peer relationship problems.
f:..XIS V:
GAF 50.
RECOMMENDATIONS:
1. Consider antipsychotic medication in the future if he regresses to any 't .
psychosis, but at this point he does not need any medications.
2 He will be seeing Dr. Daheim on 7-6-04 for follow-up individual and family
therapy ..
VJ/uw
D 07/26/2004
..,. o1 / 27 ! 2 oo,; 10:18.34 E:. T.
-· . <)7/27/2001 10:18:34 E.r./uw
Job ii : 163746 Doc jj: 2326622
cc:
c T .. Cencral T1me I E.T. = Eastern 'rime
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.r,drc.lt 06/22/'2004 Patient Name:
'i
MR#: 294254 Acct#: 1008534 . '
D.isCh 06/28/2004
·-
SE:X: fv\ Age·. 14 Y Dictating: Vijayababu Jampala. MD
Pt Type· P Attending: JAM?F1LA, VIJAYABABU, MD
r1 fl.ge: l4Y Dictating: Vijayababu Jampala, MD
Room: 0902 Pt Type: P Attending: JAMPALA, VI,JAYABABU, f"iO
\l
ORIGINAL Page l of 2 '
PSYCHIATRIC EVALUATION
tch
••• ~TRO~L2~
2201 S. Clear Creek Road
killeen, TX 76549
(25<1)
d1ff1cult tu awaken. He answered monosyllabically, nodding or answerino in 1
EOSPITAL
526-7523
word (h~ reportedly had Geodon and Ativan shots last night). His 3 wis~es are
to be r1ch, to have a good life and for his family to have a good life. He
denies current suicidal or homicidal ideation. His career plan is to be an
artist. He is sad, blunted in affect, unarousable. He is oriented to place .
only with poor judgement operationally, nc insight and no remorse for h.is drug :i.
abuse.
DIAGNOSES:
AXIS I:
.1. Stimulant induced psychosis.
2. Rule out major depression. '!
l i
I i
·
1
Dysthymia. .:
4. Oppositional defiant disorder. il
AXIS II: 1.·.
None.
;:..xrs III:
None.
!l.X IS IV:
Severe - problems with primary support system, peer relationship problems .
.n.XIS V:
G!l.f JO.
Severity - severe. Prognosis guarded.
RECOMMENDATIONS:
l. Admit to acute inpatient treatment with close observations, structured
milieu behavioral management, individual, family, grcup and acrlvity
therapy and specialized educational services.
2. Will not start any medications at this point. Although Geodon was
ordered, will discontinued at this point to watch his baseline behaviors
and need for an~ipsychotic medication. I believe this lS a st1mula~t use
psychosis if there is no previous history of psychosis.
3. Drug educa~ion, and referral to outpatient rehab services will be made.
IJJ/L;w
D: 06/22/2004
T: 15:04:13 s. r.
06/22/2004
E: 06/22/2004 15:04:13 E. T./ uw
Job 4 : 152028 Doc #: 2165402
cc:
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Central TlnH? I £. T. = Eas~ern T1me
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P.dJr.l t-;-- 0 6 /2 2 / 2 0 0 4 Pat i e nt_N_a_r,{e;- ·-G-,;-.- [i
Disch: 1008534 'I
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·-·
Se~;: i"i Age: l4Y Di.ctati!lg: Vij~yababu Jampala, MD
Room: 0902 Pt Type: P Att'O!nd.ing: ,.JP~'1PALI:\, IJIJAYABABU, !"lD
ORIGINAL Page 2 of 2
PSYCHIAl'RIC ZVA.l,UATION
•
·---··
METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen, TX 76549
(254) 526-7523
CONF\ OENTIAL, ·
PSYCHOLOGICAL EVALUATION
DOB: 2-21-90 age 14 DATE OF EVALUATION: 6-25-04
REASON FOR REFERRAL:
..'
:tephen. is.referred for psychological evaluation by Dr. Jampala, as part of
n1s adm1ss1on to Metroplex Pavilion. The request is for assistance with
differential diagnosis, personality dynamics, and treatment planning.
ASSESSMENT TECHNIQUES:
Diagnostic Interview
Review of Hospital Records
Test of Non-Verbal Intelligence (TONI 2)
W1de Range Achievement Test (WRAT-3)
House-Tree-Person (Projective Drawings)
Bender Gestalt Projective Drawings
Rorschach Inkblot Test
BACKGROUND INFORMATION:
S says he was admitted to the hospital because ~r did drugs and I was
•
halluclnating," adding that he did "the shot kind" of drug, unable to recall
the name, and that his only prior drug use was "the pipe kind." for a
detailed history, the reader is referred to the psychiatric evaluation done by
Dr. Jampala, as well as the psychosocial evaluation.
ASSESSMENT RESULTS:
presents as passive, cooperative, somewhat lethargic and slow. \
Efforts at drawing are detailed and careful, and her participates without
incident. He sc6res at third grade level in both Reading and Spelling, and at I'
1:
fourth grade level in Math, with probable significant deficits in all three I(.
areas chat would require remedial intervention. Standard scores are 71, 76, I
and 75, respectively. I.
I
His Bender suggests conflict and tension in his relationships with both
parents and in his role in his interpersonal world, where he appears to feel \
:solated, and there also appear to be ego-integrity problems in hi~
relationship with his mother. Overall inner tension is suggested by the
pressure exerted in his drawings. His very artistic drawings suggest and
active (out of control?) fantasy life, a possible traumatic event early in h1s
childhood, and a sense of alienation within the family constellation. with
unresolved oral dependency needs.
His Rorschach indicates that S n readily distorts reality, with no
apparent concern for the incongruous nature of some of her percepts and fluid
boundaries, making it difficult for him to interpret events accurately. Self-
concept is distorted, as is his view of others, and his passive behavioral
sL~le makes h1m vulnerable to being used or manipulated by others He has
Adm.i t: 06/22/2004 Patient Name: G , S
Disch 06/28/2004 MR#: 294254 Acct#: 1008534
•
SeX · ~~ Age: J.1Y Dictating: EUGENE C. WATERS, Ph.D.
Room: Pt Type: P Attending: J~~PALA, VIJAYABABU, MD
\=
•'I
Page 1 of 2
\c:A
ORIGINAL
PSYCHOLOGICAL EVALUATION
• METROPLEX HOSPITAL
2201s. Clear Creek Road
Killeen, TX 76549
(254) 526-7523
withdrawn from age-appropriate competitiveness, with lowered aspirational
level, probably due to his lowered self-esteem, and lack of self-confidence,
and he keeps others at a safe and superficial distance in order to avoid
compromise, not expecting to have positive interactions. Oral dependency
needs are unresolved, and he easily feels challenged, due to his fragile sense
of integrity. One metamorphosis response suggests that personality is
organized a.t a borderline level, and he appears to be extremely ambivalent,
unable to clear define his boundaries.
DIAGNOSTIC IMPRESSION:
AXIS I:
Psychotic disorder, not otherwise specified.
AXIS II:
Borderline personality traits.
AXIS III:
Deferred to physician.
RECOMMENDATIONS:
An i!ntipsychotic medication appearsappropriate, and psychot:he~apy may have co
explore family dynamics as part of intervention as well as selt-esteem and
self-concepts issues.
EW/uw
D: 07/2·6/2004
EUGENE C. WATERS,
Clinical Psychology
Ph D.
I
T: 07/26/2004 15:24:49 E.T.
E: 07/26/2004 15:24:49 E.T./UW
Job#. 163734 Doc #: 2323163
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c. T Central Time I E. T. ~ Eastern Time I'.
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Admit: 06/22/2004 Patient Name: G , S ) I
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06/28/2004 MR#: 294254 Acct#: 1008534 i.
Disch· ;:
Age: 14Y Dictating: EUGENE C. WATERS, Ph.D.
Sex· M
Attending: JAMPALA, VIJAYABABU, MD
ub
Room: Pt Type: P
Page 2 of 2
ORIGINAIJ
PSYCHOLOGICAL EVALUATION
.~tie!roplex Pavilion Integrated Progress Notes
1 4 000294254
--~.-----------------------------------------GA S
DATF~frlME OF ENTRY- DOCUMENT EACH SHIFT TO !NCLLJDE JAMPALA, VIJAYABABU, fv!D
: AllsJgns/symptorns,tnterventions,evaluation · 902A 6/22/04 014Y p
2/21/90
FROGRESS RECORD MH 5193
:>J2065
tJfett[op!ex Pavilion Integrated Progress Notes M H D 0002942~~~
- I
I VIJAYABJl..Btl, :p;
DATE/TlivlE OF ENTRY- DOCUMENT EACH SHIFT TO lNCLUDE JAM p ALA I I 04 I] 14 y "
\All signs/symptoms, interventions, evaluation 902A 6/
22
2/21/9~
ROGRE RECORO MH 51'33
102065
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JAMPALA, VIJAYABABU,' MD
902A 6/22/04 Ol4Y p
2/2J/9c
PSYCHOSOCIAL ASSESSMENT
I. ill ENTIFYlNG Ii'l.FORMA TION
NAJVIE. DOB and AGE:
DATE~~ASESSMENT: FTHN1C:
6 :!1. of I
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ADDRESS: .c:/ 4 /o
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--- n.. SPECIFIC REASONS FOR ADMISSION (Include referral source)
What precipitated the admission to the Pav~lio~? C?~" ""7\7- ·~ 1 • a C/ .~o
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Who brought the pt in? Voluntary or Involuntary?
• A!V Hallucinations? Content ofhallucin?tions? Any command A.HI VH?
~J.Ju~\; p~~ --
SJ!HJ? Any plans, intent, past gestures and dates? Any access to weapons?
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History of Present Illness? When was the onset of symptoms?
•
i\ ny previous treatment?
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1008534 fv] !-. ) 0002~tll254
G , S
••
JAMPALA 1 VIJAYABABU, MD
ill. SOCIAL HISTORY 902A 6/22/04 Ol4;Y i P
2/21/90
A BIRTH AND CillLDHOOD DEVJ?LDPI\ }IT:
Was pt fu\l term? / ORg~? ~aginal d liver: or C-~ec~on?
Was C-Section planned oremergVncy?r- ftcJf.A-.<.J OJ...)'._M(.,~ ;;:~ __
Any complications during pregnancy, delivery
·
or~~
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!YJ]l ~~1$0 ._...,Developmental mde~t~ne~ Vv'NL? An;; developmental delaysJ.ln what areas?, r1
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:1~ ~~~;!_~ Any significant health problems or surgeries or hospitalliatlons as-a chjld? Age? I o---JMJ:t
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Where was pt bam? Multiple moves?
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resa rce, cont;<,nt ~a~ery)~
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What type of classes?
Name of school?
Asy ber special ed. Servt~, -t4-4~--...,
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Was the t ever retained or advanced a grade? When? A ~-' LA.-_,4 U/J:p,U: · .
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Any beh 10ral difficulties in c ass? Detentions? Suspensions? Expulsions? L--0t--1-Z-~ vp-.~
For what reasons? I !:
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C F M;DL y CON~TELLATl_Ot~t~-RELATIONSHIP~(Include dis~ipline):/(~ill+""c-J~:
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Any ot'her siblin7;:1iving ou~e home?l{:names and a~es and where they,hvg?), ·Ll. . =~..r.o-'--
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Does the pt h~ any contact w1th that parent?/ How frequentlf/ C(;_.tJ.-rV>Yf -~ :: .
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Describe pt's relationship with household members/
1008534
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Who is primary disciplinarian?
W,hat form of discipline is used?
Is disciplining effective?
D. MARITAL: . ;
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How many times have parents been married? Common Jaw or legal? r? ~ u +
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etc) How much?
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Does anyone else contrio.ute to the household? l
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What type of insurance does pt have?
Any financial stressors? () /'<.._
Does family have access to transportation?
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1008534 M H P00294.254
. .
•
JAMPALA, VIJAYABABU 'MD
902A 6/22/04 Ol4Y. D
F. SPIRITUAL/RELIGION: 2/21/9\0
;
Does pt or family have any religimJS at1iliation? Current belief system?
What church do they attend?
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Dpes pt enjoy attending church:Z ~\ l') t· i
Was pt baptized? Does pt or family consider spiritual beliefs a large part of their life?
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G. PHYSICAL/SEXUAL ABUSE:
Is there any hx of physical or sexual abuse with pt or family member?
When, Where, What, Who~ and by whom?
Age of abuse? Age of perpetrator, if known? ~
Was·a report made? To Whom?
•
Is CPS currently involved with family? CPS worker's name and#?
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Age pt achieved menarche? Any difficulties?
ls pt currently SeX11ally active qr has hx of being sexually active?
~
Sexual orientation?
Sexual preference?
Any hx of S11)?
.tv-Jy pregnancies?
Does pt us~ birth control? ·Type?
H. SOCIAL R.ELATlONSHJPS:
Does pt have any friends? Any best friends?
Is pt nble to make friends and maintain long term relationships?
•
Does pt socialize more with males or females?
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Is pt able to share? i:
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What does pt do for fun? !I~ -b- 0 (rJ'-Lv~ . I~
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Any involvement in _extracurrictdt!f activitje&'
o other leisure activittt=s?, . 7 l.
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'\LCOHOUDRUGH!STORY /-:~ C{;;{. 0"{ --; fc~~ ~~
Does pt drink or use drugs? What kind? Frequency? J r~. I:
How rnuch? /vvk~ '('g ~-'--! " !
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When did pt start using? .;< _~~ -...() 1
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Does pt feel he/she has a problem with drugs!ETOH? 1:
1:
How ·much does pt spend on drugs or ETOH? 1
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•
Has pt ever been to rehab?
Where? When? How long?
Was it successful?
(/\;~
Does pt attend any support groups?
Any legal problems due to drugs/alcohol?
Any fami~ hx of abuse? (Give details) n!"'i. /)
~/\)-' 01'~ , ~; ?r~ /
J. LEGA.L:
VI~.,
Has pt ever been arrested? Why, When, Where, How long, Whar reason?
rs pt currently on probation or parole? Why?
Any charges or warrants filed against them? Why?
Any other Jeg~l issues? (custody, divorce, restraining orders, DWI'S, etc)
• Any family history oflegal involvement? Who, Why, When ... ?
• 1V. PERTINENT MEDICAIJPSYC.EIIA TRJC HISTORY
Has the pt ever been hospitalized before for any psychiatric problems?
Where'/ When? Why? (Include diagnoses and meds, if known)
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Any P.ast suicide attempts or gestures? (Include elates and nature of attempt) \
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Js pt on any meds for a medical copdition?
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Appearance
Eye Contact.
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Thought Process: v\v"--
Speech: \.>.~v"' -
What is pt 's/family's expectation ffom treatment?
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DIAGNOSTIC SOCIAL ASSESSMENT SUlV11VlA.RY
STRENGTHS ~
c~do64? 4~
A
_ B WEAKNESSES:
C GOALS
VIT. DIAGNOSTIC SUMMARY
Summary ofwhy patient is admitted. Diagnoses '
!:
• What are the patient's current needs?
Assessment of the case.
.
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Goals oftreatment. ''
'.
:~
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'vllJ. SOCIAL DISCHARGE PLAN
• j
I
Where will pt be discharged to? I
I
.1\fiercare arrangements? j j
'
Any identified services needed?
•
• ~TRO~~ ijQSP!T~
2201 S. Clear Creek Road
Killeen, TX 76549
(254) 526-7523
HISTORY AND l?HYSICA.L
CHIEF COMl?LAI'i~'l':
Adm1ss10n to Metroplex Pavilion
HISTORY OF PRESENT ILLNESS:
The patlent's mother has been reporting changes in his behavior for abcut 2
weeks now. He got in with a group of kids that were doing drugs. The mother
d1d not know that he had been smoking marijuana for probably over 2 years
H.:s fc.ther is in prison for murder in California. The pat1ent ,.,as 5 years old
the last tlQe he saw his father. He has been talking to h1mself and hav1ng
hallucinations according to the mother. Over the weekend, he was apparently
Wlth some friends and they did marijuana and crystal meth. He chewed on his
lower lip during this time under the influence.
PAST MEDICAJ~ HISTORY:
He was delivered normally after a normal pregnancy. Birth weight was 10 ~
pcunds. There is no history of birth injuries or breathing difficulties. He
had ~o problems while in the Nursery or Eor the first month of life. There 1s
r,o h~story of him being hospitalized previously, and tller.e have been no
chronlc illnesses, except for seasonal allergies .
• .ALL-ERGIES:
No ~nowr.
lJI1MUN'IZATIONS:
medical allergies according to the chart. He is allergic to cats"
Seated tc ae up to date.
FAMILY lUSl'ORY: I
,.
There> is a family history of asthma and school dysfunction.
REVIEW OF SYSTEMS:
I·iegatlve.
PHYSICAL
GEN7.RAL: He lS a tall,
thin boy. He climbed on the table and 1mrned1ately
laid down. He could not open his eyes well fer the exam. His eyes were
Pl'::nnt •.·1hen I finally could look at them. He was very wobbly 1n h1s ga1t · I
; '
~le ~pparently got some Ativan and Vistaril last niaht because of the reactlon .: i
:!
cc ~he crystal meth injection and he is still unde; the influence of that at ; I
i
: r~ 1 s t } :r~e .
vi'l'A.L 5IGI'!S: r~oced
and are ·wiU)in normal l:units.
HEENT: Nose, mouth, pharynx, eyes, and ears are normal. His lower llp on che
r1ght side has been chewed considerably ins1de and out. It does not lo0!<.
:ir:f;;cted. It is sw·ollen, and there are abrasions.
r~.-- RR
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NOTICE: TO ALL PATIENTS OR PATIENT REPRESENTATIV( : i
(' piJ.~·s,c;,,;n,s on duty in th1s Emergency Room. Th~t physician is nor nn employee or agent ofMetroplex HospJt;JI Yo11 ,n,,_,jral]"· ''
w be seen b;· vour tam i ly phys 1c i2n or you may choose 10 be seen by the physician on duty in the Emergency R CIC•,r. ! .
. AVISO A NUESTROS I'ACI£NTES r
i 1-:~: un 111ed•co de lurno aqui en esta sale de emergcncia. Ese medico noes empleado ni ag,ente del J\.letroole-... f-losp,i:li Uol~~:~""'k
p~d'r C]lle s•J tnel: Bulging
\lp·IS Forn1 J80 IOIQ2 Rn ~/OJ #900380
poor
Visual acuity w/o correcti"~ lens. R
Visual 11Cllity wtco,.ertive kns: R
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: \LETRCH c..X HEALTH SY~ A~M \_ 'f
i E\lf-RGENCY DEPARTJVfFNT 0002~42tl4 1008534
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~ursc S1~t\:1tu1-i,: I
i)-ITE 1 Tll\tE ORDERS
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I LA BSffEST:
I Onlcrcd 13y/
, ;v!OSignarure ~.•
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1
0 ABG 0 Accucheck 0 Amylase ' ', !
I 0 BS 0 Blood Alcohol Level 0 B -::~1et 0 C - Met i i
I 0 CBC 0 CPK 0 CKMB 0 Tropon.in 0 Carboxy Hgb 1 i
· 0 Cultures/Sensitivity: 0 Blood X O'i:'urine 0 Throat 0 Wmmd I
Acetar~inoph·~'o I
I 0 Dn.Jg Level D ASA 0
o~nobarb D Valproic Acid/ Ocpakote 0 Otht-TS
Digoxin 0 DiiMtin J
I I
0~ i
DPT/PTT ·~:
0 SHCG: 0 Qu,'ll1t CM) 0 Quali 0 Sed Rate
1
0 STD Work-up: 0 GC 0 Wet Prep 0 Chlamydia 0 Cervical CIS
1. 0 T3 T4 0 TSH ~ _
s~~~ ::::::,Ulll[S D Type and Screen
/£;z_ \~~ ~Drug Scree0
1
l-\A.DlOLOCY/IMAGfNG:
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I 0 CXR Po11 2V 0 AAS 0 C Spine: Xll_/ LTD 0 KUB
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l. J DXRay(State): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I 0 Skull L TO ', \
j !0 CT- Head w/ contrast I wfo contrast 0 Al3D ,
0 Others: ---------------
-------~==:=====;============-!----·--+~----
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[ : 0 U!S. I
• ! ! 0 "trdwo mm!to' 0 "'''" Ox!mdty 0 B'" hogget
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( ·'-'letlicaL1uns fl V Order-s/ Addilional Onlers ,_ Si'noIlature Given : :J
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C. /1.~-'~g Information.
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:F Anticipated Problems (optional).
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Cq>mpleted By:
'
·---·Date:
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METROPLEX
HE}\LTH SYSTEM 1008534 M H D 00029~254
G , S !
f'Jurs1119 :AdmiSSIOil Summary Jru~PALA, VIJAYA8ABU, MD
902A 6/22/04 014\~ P
2 /21:y9o
AOORESStlJbr:Ac'H
~~11EDI ~ AL ISSUES SUMMARY
1::-o:noieted by
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METROPLEX PAVILION MENTAL HEALTH
NURSING ASSESSMENT
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Patteni Name G :\
:
Last
I First Mtdd!e
Sex: G F Race:
II
-rf Marital Status: S M 0 W (wcle onE]~
I
T~pe of Admiss1on
i
·V Voluntary Involuntary
P~nding Legal Charges·~es _ __
J;
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c~ te of Ad missto n: --~--->...:[d-'---J.-......:_0_'-\-'--- Time: CD fS:
___::c___ _ _ _ a.m. p.m.
1 • }\': mvrf\J
A~companted b y: ----=~~__;:____;__.:...;,_ _ _ _ _ _ __
Relationship to P a t i e n t : - - - - - - - - - - + - -
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@of; ~~
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;current Medications Dosage - · Route Times Classification ,., I
L_ i (tnclude OTC ,::
~-~----~----+------t-------r----·------~---11
L Pi
..:..___ _ _ _ ~-------1------f------+---------r:r-----~
[~~~-;:~-M~~r4...::::__j_~~h.....J!ill+fli=h=-~~~~~~~~==--r------·- \; J~ ·!
--L-------J----U-l.L__:::.__+Y------r--~--:-----~----:r-1I
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: ==~ J _________L _______L __ _~~-------~~
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None
10 ~ 8534 M H D 000294254 SF- ~~a~-~.... ~~
G I
JAI'~?ALJI., VIJAYABABU, MD il
902 A 6/22/04 014Y
2/21/90
P _ -<"1--{-
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j c\sJ~r-r--1~ REVIEW OF SYSTEMS
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__,_Glasses ____ Contacts
• - VISION:
_____ Pupils _ _ _ Biumng ------Cataracts ----Glaucoma ~---OipiopJa
_ _ _Eye Surgery ( W h e n ) - - - - - - - - - -
______ WN L Comments
--------
SREECH: _ _ _ Speech Impairment ___ Slurring ____Difficulty Expressing _ _ _ language Barr er
_ _iPressured
I
___
V_WNL Comments \
HE;ARING: _____ Pain _ _ _ Limited --~-Right Left _ _ _Tmnitus -~--Discharge.
----;/i-
Hearing Aid _ _ _ Ear Infections · Tubes i
~WNL Comments ---- !
RqSPIRATORY: _._ _ Pain _ _ _ Dyspnea _ _ Cough Sputum/Color Sinusitis
_ Epistaxis Apnea Frequent Colds Shortness of Breath
-~L_Smoking Type Amount
__i_}Asthma Breath Sounds (Describe) ----------,--
__V_WN L Comments s~-.6-.I;~:C:tr--0. ~ ~~ LV~:li
CARDIAC _ _ _ Chest Pain Hypertension _ _ _ Hypotension _ _ _ Congenital Heart Disease \
iAND _ _ _ Pacemaker (Date)____ ~_ _ Heart Disease
CIRCULATORY: _ _ _ Surgeries (Date & What) ----...--.,-----,--:-----.~-------+1
-·_ _ Heart Attack (Date) _ _ _ Numbness (Location)_____
- - - ~dema (Location & Measure) - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - i '' - -
+-
'r--
_Y_'Wi\NL Comments_____ !:
·.'
~--Bowel Sounds !l
•
G~STRO­ ____ Nausea Vomiting Last BM
INTESTINAL: _____ Laxative Usage . ConstipatiOn _____ Diarrhea ____ABO (Soft I Hard I 01stend~pl
___ ford ~--Hemorrhoids Eating Disorders f '.
___
V_WWNL Comments _______________________________--frr~
''
URINARY: _ _ _ Incontinence ~--Stress Incontinence ----,--Burning Color ___ Odor;.\
________fo{equency _ _ _Nocturia Hematuria F,.-a-n-:-k--=p=-a7i n History UTI's
--- --- .\
! \
V_WNL Comments-------------------
NtUROLOGICAL: _ _ _ Seizures _ _ _ Paralysis ____ Paresthesia
- - - Weakness
Loss of Consciousness (Explain)----------=--------
-=-___
---Headaches
Dizziness
Tremors Stroke Surgery ____ Head lnrury
Neurological Testing YES I NO When/Where?
--~~--------------
- - - WN L Comments:.__________ ______ ____,____ ,
PAIN: Primary Site,...,.,--,--::--- How Long? - - ·
Relieved by OTC/Prescribed Meds
Vv'haUHow Often Taken?
__________________________ _;__;--
Pain Scale ix' LOW 2 3 4 5 6 7 8 9 10 EXTREME
Comment~-------------------------------------------~~
F~NCTIONAL _ _ _ Limited ROM/ADL's Explain _______________________
SCREEN: Contractures (Locallon) _ _ _ RednessiSwelllng
---Bone/Joint Problems _____ Faits/Or History ,____ ProstheSIS ____ Galt
- - -Ass1SI1Ve Device Type
____ ~ewly Identified CVA_o_rH_e_a_d_T-=-r-au-ma ~--__ New Weakness or ParalySIS
i
___ WN L Comments I.
f ~ ;
·,present, request rehab screen i.'
. 1008534 f'.1 H D 000294254
,
J~I~ALA, VIJAYABABU, MD
;,;f? ':J:..:.::.A 6/22/04 014 y p
.... __
REPRODUCTIVE
FEMALE:
•
REP~ODUCTIVE ___ Discharge .,.
Lesions Infection Birth Control . ~
M.ALE: Sexual Preference Male I Female Sexually Active Yes~ _ _ _ H1story of STD's Yes I No
Comments C/
-~~~k\-K ~~~-V-v-t ~ ·f
NUTRITIONAL: Adult/Adolescent Screening :
_ _ _ Unintentional weight loss ~ 5% of usuat body weight within the last month
_ __.:Admission Diagnosis including Anorexia. Bulimia, Malabsorption. Malnutrttion (circle)
Child Screening .!
- ___ Unintentional weight loss : : . 5% of usual body we1ght within the last month i\
_ _ _ <1 0% percentile weight for height
I,
n
Upon admission, if patient meets one or more of the above high-risk categories, request nutritional referral J:.
_ _ _ Food Allergies (L•st).____________________________-n-
----Nutritional Referral Yes f No I'
Comments - - - - - - - - - - - - - - - - - - - - - - - - - - - · · · - - - II:
I'
_ _ _ Wt~L
SKIN:
_EEP: v DGA · MNA EMA Insomnia · Hypersomnia ___ Nightmares _ _ Na~~
Number of Hours of Sleep/Night Sleep Aids (Name) · -4---
Recent Changes _ _ _No Problems :. :,
Comments _______________________________~------------------
:I
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!-lOSRIT ALilA TION _____,...._.'---Hospitalizations/Surgeries (dates &reason): - - - - - - - - - - - - - - - - - ~
• I
AND: -?'Q""---=-.,--,-:-:-~~--:-:-~--;-;-----.:--;-::-:-:-:-:~=-=:::-;:=::u::::.~~n~~-:----~------~
SURGERIES: -~c..._ Psychiatric Hospitalization
__ If yes, did you require restrainVseclusion? Explain: - - - - - - - ; - : - -
Adult Would you like family notified about restrainUseclusion? Yes f No
r
J/,'f'.J- G f.f: rcR . -;: I
SUBSTANCE Alcohol ____ Prescription Meds LSD __CMarijuani?' ____ Methadone
ABUSE:
-------.-
.-----------·-----------t-1
bate-orCas\ Ose 1 _ : . i_
History of Withdrawal Yes 1 No Describe:+ .--------M Q-~IZ~ID~'-
Family History of Drug Use (Who. What?)_ ~o F , _m , .
.t..BUSEINEGLECT History of Sexual Abuse
I ---
HiSTORY: ____ History of Physical Abuse l
i
_ _ _ History of Neglect 1
Describe: --------------------------===·\
.,
M -: D 000294254
.J-'lf'r ..L' VIJAY '
0-14Y p
' ! /2?j'04
6·
'jO)J\ - 2/21/90
' ')
MENTAL STATUS EXAM
• ERSONAL ---~--Appropriate
---;c;,PPEARANCE: Comments
___ Well Groomed _ _ _ Older I Younger (lila! staleqiage)
I
---------------------
'lt1000 _ ____;Dysphoria Euphoria Labile -=--·lrr1table ------1. alrn
_ _ _ Paranoid Appropriate 1
_ _ _.Anger (How do you handle anger. Explainj - - - - - - - - - - - - - - - - - - - - - 4 - - - - - . ' . _
Comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' - - - - - - - - ! - ; _ _ _ '
PSYCHOMOTOR _ _ _ Coordinated _ _ _.Hyperactive
BEHAVIOR: _ _ _ Slumped _ _ _ GrimacesfTics
_ _ _E.rect Posture ___ u~litated ______ uncoordixted
Comrne11ts
AFF,ECT: ____Constricted __ v Flat _ _ _Tearful _Sad _ _ _ Angry _ _ _ Appropri~\e
Comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ---fT~
]:
THGUGHT _ _ _ Orientation _Time Place Perso'n Logical lllcg'd~l
PROCESS: _ _ _ Circumstantial Tangential --____ Loose Associations____ Fl1ght Of Ideas it:r;~:ex
____ Delusional Ideas of Reference Paranoid l~eation _ _ _ Preoccup1ed ~Q)./:)
_ _ _ Difficulty Concentrating ____ Confused ____ Grandtose Appropnate ~
Comments '
i i
/ I~,
HALLUCINATIONS:
~--Visual · -'Auditory
_ _ _ Tactile ___
l/ _ _ _ Olfactory _ _ _ Command
I'
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i ·.
Gustatory None \ ~
Comments - - - - : i,
e i0r¥JICIDAL/
SUI:CIDAL ' I
·-·---:--
HISTORY: 2 Date of attempt--------~-----:-:-:------;-;----:::;'--::-;-::---;-;;;;::-::-;:;----
J HJstory of suicide in nuclear and/or extended family Yes
7
< No Who?--------~-,-~-
Self-inflicted burns I wounds present Yes ---c:7' No If yes. wJ:ere? ___ __;_ __
4
History of frequent accidents Yes ~-No
Comment ~ /
v
I
6 H1story of self-mutilation Yes No
H1story of restraint usage YES I pla1n - - - - - - -
,_ _______________
PRESENT SUICIDAL POTENTIAL (Explain any checked items) .l !J ·n ··
No evidence of suicide/homicidal thought or history lo.:,l.b-vx IV (l(,.Vr·V._ . : '!J
Rumination J Jt ~~ ~~+11 !LJ.J :,_j\.vrv\'2',_:
- - - Current express intent .
==Other v·lolence (i.e., cruelly to animals, fire-set11ng, etc.)
~ j_
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t i\
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Comments __________________________________________ ~-V----
-------------'--; ·
------------------- ·.I
_ _ _ Poor Long Term Intact
tv1EIYIORY: Poor Short Term
~008534 M H D 000294254
.Jl'.~PALA, VIJAYABABU, ~D
902A 6/22/04 Ol~{ p
- 2/21/90
• ~
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PSYCHOSOCIAL OAT A
'
PRENATAL
Birilt Trauma Complications During Pregnancy
AND; Developmental Delay. _ _ _ Motor Speech _ _ _ Other
CHIL'oHOOD Learning Disability ,
DEVELOPMENT: lmmun~~nStatus--~---~~~·~:~-~~~~=-~--~-~-----~-===;~-
Chilqh~a Illness ~
---~l/- ·wNL C~om~m-e-nt-s~--~~~~~---------------------------------
EDU~ATIONAL Primary Language -----"=""'-\.1'----=~~~- ---~Limited Education Background :li1
NEE8S: ___ Reading or Writing Problems -~-Speech I Language Barrier ;I11
_ _ --MOtivated Learner Special Education !!
___ !:2WNL Comrnenls ____________~---~~---~~--------~-+···-··---
RECENT
LOSSES:
~~--Health _____ Job
_ _ _ Disruption in Lifestyle
_ _ _ D1vorce
Other:
_ _ _ Death of Loved One ~ p~ l; ,
Comments pc. ·~~~/
-_-~-_jj ~
HOBBIES & '.
';
LEISURE
·---~-----------------------·--------+-C...-
.<\C~IVITIES: 1'
------ri
PATIENT'S
IDENTIFIED
STRENGTHS:
PATIENT'S
GO~LS OF
------~~-tJ~· .
--------~-J-~-~--------·
TREATMENT: ·--------~--
; '
i '
DISlcHARGE DISCHARGE TO WHOM: SELF I PARENT I GUARDIAN I SIGNIFICANT OTHER ' I
: '
SUMMARY
PLAN:
~~~~~~~----~---- ---------=------=---~~----------~
:
:
_, _ :
'
________ Relationship to Patient - -------------·-:--'----
. I
upqn aS5essmen\. 1f \he palienl requires a referral, notify \he appropriate department: I
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1008534 M H D 000294254
Jl\MPALP..,
gQ2A
VIJAYABABU,
6/22/04
·"
014Y
1.-.. ·•
MD
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P
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METl~OF i. HOSPITAL
2201 S. Clc~r Creek Road
•
Ki1leen. TX 76549
Dr. Phillip Day * Dr. Fayza Reheim
Pathologists
Ocdenng Physiciun: JAJ''IPALA, VIJAYABABU, t'ID
?,at:.ien:::: Location: 9A Room:
;
9MJ901-,C,
Rhysicians: Case If: 1008534 :~
. JAMPALA, VIJAYABABU, MD Med Rec#: 000296254
Adffii~ Date: 06/22/2004
Hematology
TE:ST WBC RBC HGB HCT MCV MCH MCHC
:_;(') l :s: :><10' 3/uL xl0'6/uL g/dL % fL pg g/dL EL
LO-Hl: 4.0-1/..0 4.7-6.1 14.0-18.0 42.0-52.0 80-94 30-34 32-36
------------- ... ---- ... ---------··----~------ ... -------------------------------------
06/22~04
0530 8.2 5.17 14.9 43.6 84.7. 28. 7L 34 '1 8.2
'
~========~===~=~~~~==========~~~~==~ Hematology ~========~====;~===~==:~~=~~~~~f~~~=~
'!EST. ROW PL'l' ,;
DTYPE SEGS LYMPHS MONOS EOS BASOS J
U~..JT'TS: % xl0'3/uL
:,o- ili ' 11.5-13.5 140-4504o\s 1s\o 1\2 o\ o-~.s \:
----------------------------------------------------------- .. ------------------ -j-----
~1 G /2 2/ 0'! i:
os.:;o 12. 0 229 AUTO DIFF ; f!S ·. ·.1 I0/L
i
LO-MI
~------------------- -----------------------------------------------------------~----· i
I;
Clt/22/04
0530 2.54
< 1 6/~:l/'04
2.0:10 Drug Screen, Urine
Amphetamines, Urine ;) Positive (NEG]
Barbituates,Urine Negative (NEG]
Benzodiazapine,Urine Negative [NEG]
Cocaine, Urine Negative [NEG)
Opiates, Ur-ine Negative [NEG)
• I
Phencyclidlne,Urine Negative (NEG] 'l
~-Hc:,ur·ine » Positive [NEG]
;
Immunology ******~******~*~********~•·•*~·t~*·~~
\
1:..A.'?E: 06/22/04
T If,iE · 0530 NORMALS UNITS
'
- - - - - - - - - - - .. - - - - - - - - ~ - - - - - - - - - - ~ ~ - - - - - - - - - - - - - - - - - - - - ,.. - - - - - - - - - - - - - - - - - - - - - - - - - 7' -~ - - - -
NON REACTIVE NR
06/21/04
2010 NORMALS UNITS
---------- -· .• --------------------------------- -·-- ... ------------------------------ ~ -~----
':.clor Yellow
.~~.~dr iC.'/ Clear ' !
5.5 5.0-9.0
~.t;
1.030 1.001-1.035
SpE=lflc Gravity >~
Negative NEG mg/dL
Cl-·....:·.:ose
9
NEG mg/dL
ell i t:.;Ji:nn Sxn&ll u
Trace ,., NEG m,
(A~ISSION AND DISCHARGE DATE) ,!
The~e said pages of records are kept by said Hospital in the r~gular course of
bus1ness, and it was the regular course of business of said Hospital for an
empl~y~e or representative of said Hospital, with knowledge of the act, even~,
~ond1t1on, opinion, or diagnosis, recorded to make the record or to transm1t !
i·
I
lnformation thereof to be included in such record; and the record was made at or
near the time or reasonable soon thereafter. The record attached hereto are the
original of exact duplicates of the original.
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SWORN TO AND SUBSCRIBED before me
SEAL
• My Commission Expires: ; '
COPY THE STATE OF TEXAS
""* SUBPOEGJA - Duces Tecum "~" llllll!lllllllllll\!llll!I\!1!!\W \
5 ., 5~.~
Cause f\Jo. 57558
To The Sherif! f'onst bl _, ~
, ~ I a e, or any Peace Officer o! BELL County said State r: t. .D 0' ;---, '6 o
.. , , uree rng:
·r ou ?.re :,ereby communded to summon·
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METROPLEX HEALTH SYSTEJ. ( ;~.: r, I}\':::;',)\>/ Or Serve AI: 0 "-i ..!- \LJ
'-':._"::__. \...::_-,!/ u L; RETURN TO DA'S OFFICE FOR SERVICE
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to be and appear • • , • • I N S T A J,:;
T . NTER ' '. ' ' ' b efore the Honorable 264 Ois!nct Court of Bell Coun .
exas. to be held at the Counhouse of · I.
the STATE OF TEXAS Ill a criminal acrid Cou0ty, .In Belton, Texas,.then and there to testify as witness in behalft\Ot
Coun, THE STli.TE OF TEXAS vs. THO~~~e~~~~~1~ Said Court, entitle~ and numbered on the Criminal Docket onsard
from terrn to \erm unt1l discharged by due f NO CARR, No. 57o58, and there1n remain trorn day to day ~1-,d
· course o 1aw. · ;:
1
Returnable INSTANTER. Hi
HEREif\l FAIL NOT a d k d i\
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srgnature at Belton Te' xans tmh a 3e0 hued retur!n hereof, showrng how you have executed the same. Wilness my olf1cii!
• , , IS t ay o October, A. D. 2006.
Shelia F. Norman, Clerk, I'.
i·
264 District Court, Bel County
By: _ __
Please contact the District Attorney's Otfice prior to appearance
an unnecessary trip to court. 939-3521 or 1-800-460-2355, ext. 5215.
:·rc>'_::O ··li •S an oHense ior_a person to Intentionally rnfltJence or coerce a witness to testitv falsely or to etude legal process. lt•s nlso a
,.;,Jor.y vftens€ IQ ilarm or threaten to harm a witness or prospeclive wrtness in retaliation (or or on account of the servrce of the person as"
,, 11~ess 01 ro prevenl or delay tile person's service as a witness to a crime."
r·,OTICIP. 'Es del1t0 H)tlmar u obllgar a un testigo a declarer con talsedad o a evadir el proceso judicial. Tarnbien es .ctelilo penal hem 0 •:
ar;1enazar con he•u a un testigo. o a un lastigo prospective, en represalia o a consecuencia de heber declarado en JUrCIO o con el a fan de
.mpec11 o oemorar su r.omparecencia como testigo de un delilo."
.. uUCC:S TECUtV1TO BRING OR PRODUCE ANY & ALL MEDICAL RECORDS,INCLUOING
'-ifi & ALL FSYCHIATRiC RECORDS OF C LEE
V FROM JUNE
:s 20')<> THROUGH PRESENT DATE ...
Officer's Return
Ci:l~8 iO hand !he .,1-]
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day of~
....6, at z...fsO'clock T-_M. ·
f'.Jot e>-ecuted as to tt1e wi\ness - - - - - - - - - - - - - - - tor the following reasons·
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:\Pf>ROPRLo\ TE CONCENTRA.TION
lz E.ASLL Y DiSTRACTE.D - - - POOR JUOOMEI'·ff ---'--/-~-
REVTEW OF SYMPTOM: MAJOR DEPRESSJOH (MtET J.aT DSM lY DiAGNOSllC CRf11'JUAl
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- - - - - PS'YQ\(JM(Jl"OOI. AGIT A TIOH OR Jl$f AKDATIOO
--·---LOSS Of EN:EJ\OY
FEELlNO OR f/'..TIIUATC GU0.T
Of W041. THLE-<:SNESS
--~
--~OR REC\.A{R.ENT THOlJOHTS Of oM TH, SUICIDAL IDEAnoN. WJSHES TO 86 D€..AD OSl SUI OPE A'JTEMPT
EYtDENCE Of Di.MINISKEO ABUJTY TO TIIIHK. (X)NC'ENTRATC (SI.X:H AS SLOWER TH!NKIN:-;~Mt:Nr ur· Ll:THA.LlTY FOR DANGER TO SELF OR OlliE~: i ''
-~·IDEAS ~.~----.:~----------L.:~f~=:.,.L-----------~
T~An _________________________ -+-----------------------------
GF..STURES:
--------------------~-------------------
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PLANS: Ii
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,:I
ATIEMPTS:
---------------------~~---------------------------
ASSESSMENT OF lHREAT TO SELF AND/OR OTI!ERS: NONE MOD SEVERE
DISPOSITION:
--~- ~"YCHlA TR.IST NOTIFIED UPON CO.MPLETION OF PRE-EVAWATION
DR- TIME NOTIFIED TIME REsPoNDED-----
____ v...,...J)ISCHARGED BY ER PHYSICIAN TO ~.;::-~WHEN MEDICALLY §;fABlE
___7_ REFERRED FOR OUTPT. FOLLOW-UP Wffii: ~dtJCJ- 'f~ Er::
_ _ _ _ INSURANCE VERIFJED ) u
_ _ _ ADMIT TO MBTR.OPLEX HOSPITAL
_ _ _ HOLD FOR 23!-lOURS OBSER.VATION TO METROPLE.X PA VIIJON
ADMIT TO METROPLEX PAVI:LJON INYT. UNIT*
-~--PATIENTS' SilL OF RIGHTS.~IGNATURB OBTAINED
- - - CONSENT FOR TRRA'lNffiNT FORM SIGNED
_ _ _ DIRECTOR, MENTAL HEALlli.SERVlCES NOl1FliiD Of A.DMJ.SSION REQUEST
- - - ADV ANCEJMENTAL HEALTH DIRECTIVE FORM SIGNED
e ATICriD.ING ER PHYS>CW-l:. _ _ _ _ ___!{/~.,:...f_U.}_!!_v.J_d4=t:=::...__----------
A.DMITT1}Ki P H Y S I C I A N : . : . _ · - - - - - - - - - - - - - - - - - - - - - - - - - - ; - - - -
PHYSiCIAN'S ADMITTING D i A G N O S I S : - - - - - - - - - - - - - - - - - - - - - -
C- J-J:-oi--
oATE
TIED: (l) EMERGENCY MBNT AL-
• NOTE: TilE fOU,OWING ITEMS SHOULD ~CCOMPANY PATIENTS BEING ADMl swB
CARD AND
HEALTH EVALUATION, (2) EMERGENCY ROOMEVALUATIONIFACESl-IEET, (3)
(4) SlGNEDP.ATlENTS' BJJ..l.OPR1GfffSCOVE.R SHEET.
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2201 SOUTH CLEAR CREEK AD.
PHONE (254) 526-752
EXT 8103 EMERGENCY D
KILLEE
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Age·----We~-----Oata - - - - - - - - - - ,, .
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PHYSIOAN ORDER~ OOOlOOO.BG l00863B )
l.MG~L-~E~R~Gffi~S:---------------~--~--~----~~r~·r~~~·7~cr LLEL_E____~I·~
DATE :;;;u,. -ill'm·i:>C. DOS 9/21/89 014/t: ::
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LABS'TEST:
0 ABO 0 Accucheck 0 Amylase
0 BS 0 Blood AlcohoJ Level 0 8 - Met 0 C - Me~
0 CBC 0 CPK 0 CKMB 0 Troponin 0 Carboxy Hgb
I 0 Cuirure.s/Sensirivity: 0 Blood X 0 Urine 0 11Jroat 0 Wound
0 Drug Level: 0 ASA 0 Acetaminophen 0 Digo/(i.n 0 Dilantin
0 Phenobarb 0 YaJproic Acid/ Depakotc 0 Ortiers _ -----·-
~
0 ?T / P'IT
0 SHCG: 0 Quant (M) 0 Quali 0 Sed Rate
0 SID Work-up: 0 GC 0 We1. Prep 0 Chlamydia 0 Cervical CIS
0 T3 T4 0 TSH
! ~N:J~e & Crossm~ \\ \-., lmits 0 Type and Screen
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l; lOLOCYflMAGI~
V 0 CXR Port 2 V 0 AAS , 0 C Spine: XTL I LT'D 0 KUB
I 1
! 0 X Ray (Srate): _ _ _ _!_.'- - - - - - - - - · - - - - - .·.
0 Skull LTD :~ ~
I 0 cr- Head IV/ contrast; w/o CI,)Jl[ras( 0 ABO i.
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0 U/S:
0 Others: --------- - - - - - - - - - -
'
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0 cardiac monitor 0 Pulse Oximetry
i 0
!1-le1
HOSP. ID: MET
ACCT: 1008538 DR: PIPER, JOSEPH N., DOCOD£, 00301
M9240 COLL: 06/21/2004 20:30 REC: 06/21/2004 20:36 PHYS: PIPER, JOSEPH N .. D
Urinalysis,auco,~ Micr
Color Yellow
Cla:::ity Clear
pH 5.5 15.0-9.0)
1. 030 [1.001-1.035}
Specific Gravity :>=
Negative (NEG) mg/dL
Glucose
Bilirubin " Small [NEG] mg/dL
Negative lNEGl mg/dL
Ketones
Negative (NEG] /uL
Blood (NEG] mg/dL
E'ro~:ein
• 30
l.O ro.2-1.ol mg/dL
Urobilinogen (NEG)
Nitrites Negative
Negative [NEG) /uL
Leukocyte esterase (0 -21 /hpf
W8C, Urine 2-5
[ 0-21 /hpf
RBC, Urine 10-15
Bacteria Few
Epithelial Few
Crystals Moderate
Amorph urate
•
Mucus Many
,,,.
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~TROfLEXlROLLINS BROOK COMMUNITY HOSPITAl.
EM:EJ(GENCY MDfT A1.. HEAL11-1 EV ALUATJON . ·
.,
• DATE!IlME: C:d:?:-:0-f C/ / l EVALUATOR: -+fh~o._O-=---Bv.::::._o::_~l~_-E>=--~{1'-'-'.h......,/_)_ _
POTENflAL PATIENT NAME: ~ F~­
ADORES.,, OTYISTATE:
RESOURCESIINSUR.A.NcE: ----!..~~~Q,..L-. _ _ __ TEl..EPHONE: _ _ _ _ _ __
M.il.JTAR Y SERVICE: YEARs SERVICED: DISCHARGE:-------
VA ELIGIBLE:
VA cUgjblo * ..ao.ud be liUskrnd 1o
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MEDfCAL HISTORY: _ _ _ _ J:.U.~n~C::~~~:rd~~sl®n~hlf.Fi~~otic \1
Luxury ar~d El':ecu\ive Programs Effective, Affordable Luxury Insurance,
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Wthdrawal and D3toxification
Feople who abuse Ritalin can overdose on the drug. It is
Barbiturate
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overdose in friends and loved ones so you can arrange
Cl onazepam !. \
immediate treatment. A ~tal in overdose can cause (http:// www.dependency.net i i
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overdose, contact a poison control center. A Ritalin overdose
Codeine 'l
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larges dosages. Snorting or injecting the drug greatly Fentanyl
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rate, and body temperature. ~talin can also cause Fioricet
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itching, rashes, fainting, and seizures. Coming down Hydrocodone 1 !
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/learn/ klonopin/)
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i
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(http:// www.dependency.net
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• Methamphetamine Urine Toxicology: An In-depth Review
By Michael DeGeorge, Jr., PhannD Uauthor/11339/degeorge-jr) and John Weber(/author/llJ1l1pathetic nerv . . \ i
•
system, so it is not thought to possess dd' . - . a us system but has lJttJe activity in the central nervo,•s i ;
. . an a tct1on potentw.l anywhere near that of th d . . \i
few phystologtcal effects is vasoconstriction, which mak . e -methamphetamme ISomer. A.lnon¥, iq.
es lt useful for nasal decongestion.! !I
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total is c~nsidered ~nclicative of a source other than an OTC product qt a
metabolite of seleg1lme.9 These sources could include a prescription\ i
medication or illegally .m~nufactured methamphetamine. If the patie\jt
does not have a prescnptwn for a drug that would result in > 20% 'I
d-methamphetamine, illicit use of a diverted prescription product or \: "
street methamphetamine should be considered as a source. ~
A recent study by Esposito et al published in the Journal of Analytical\
(http f fwww practicalpaaunanagement.com/sites{default{files Toxicology showed that d-methamphetamine percentages often were
'unagecache/hghtbox-1Drgejimages(zo 12 t 11 / 2916755019 _ 1_opt.jpeg) few percentage points above or below the expected value based on the
standard solutions they were testing.g This was due to impu nties m ~·'
some of the denvatizing agents used. When interpreting test results, a clinician should consider that the result might never be \
roo% d or l1somer due to these impurities. Esposito concluded that the >20% d-methamphetamine guideline is still relevant an :
I
appropnate based on theirfindings.g 1\;
Sununary
lllicit methamphetamine availability and use poses a serious health risk in the United States today. If abuse is suspected, urine ·~~
drug tests are available to help clinicians detect its presence and intervene in order to optimize patieot outcomes. There are a few \
distinct sources of methamphetamine. Using current methodology for urine toxicology testing will allow clioicians to narrow do~i
tl-:e possible source of a positive result and assist them in managing their patients accordingly. \'
,I
VJew Sources [/treatments/ pl:armacological/ non-opioids/ methamphetamine-urine-tax icology -depth· rev iew#fieldset)
•
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F1rst published on: November 1, 2012 '
i'
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··· -·-•••••(•"~""• .... ••••.,...., VI U6 L'-",H • l't"lt;;U:)\_...tlctl http://www.medschat.conV JJJscuss/ Will- L-pass-a-methamphetam me-
Will I Pass A Methamphetamine Drug Test
•
88 Replies Updated Wed. Apr 29 '15, 5 31 AM
Home Drugs: M > Methamphetamine > Discussions
Conversation Starter
Angela Says:
Sun. Aug 21 '11, 3 39 PM
For the last two weeks ive been smoking meth, nomore then two grams throughout that time.
Havent touched it since yesterday aug, 20th. I have to see my probation officer on sept, 2nd
and will be getting drugged tested. Here's another thing lm prescribed Adderali 20mg and
never had a problem passing test, now that I have been using methamphetamine this month,
will 1t trigger me to have a positive drug test even if the meth is already out of my system?
Whats the longest time meth has stayed in someones system? What can I do in 13 days??
Please help!
Showing Replies 1 ~ 20 of 88
~.-. Verwon Says:
~ Thu, Aug 2!i '11, 11·15 AM
Though it can vary from person to person, depend·1ng on their own individualizing factors,
Methamphetamine is generally detectable for approximately 5 days, after use in a standard
urine test
However. as to the longest time it's been detected, the answer is a lifetime. There is no
explanation for it, but traces tend to linger in some people, even with just one use.
As to the Adderall, the Amphetamine salts in it can caus~_,9.fal~ positive for ___ .. ----
Methamphetamine_,__ ____ ._____ ..-----· ...
. ------ .. -
http:i/www.medscllat.com/wiki/Adderalll
http://www.medschat.com/wiki/Methamphetamine/
___Are there any other questions or comments? _, ../
""} Frank Linn Says·
,;/,.. Thu, Aug 25 '11, 1·22 PM
Meth will not show up on the piss test after 13 days. , .
they will see the meds that you have a script for, as long as you have proof you re 1n the clear.
Allthough, if anybody does a hair test on you you'd be toast... unless you shave your head.
":t Angela Says:
•
v· Fn. Aug 26 '11. 6 10 PM
2 of 7
•
Exhibit 11
•
-· --·--·--·- - - - - - --tt------
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: \
•
\
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THE GRAND JURY, for the County of Bell, State of Texas, duly selected, empaneled, sworn, cbarged; and\\
" . ll
organized as such al the January Term, A.D. 2005 of the 27th Judicial District Court for said O:Junty, upoo their oatW
i!
present in and to saic;l co_urt at said term that \:d
TBOMAS RA¥MOMD CABR
"li
r
hereinafter styled Defendant, on or about the 18th day of June A.D. 2004, and before the presentment of this lndictnfnt,
i
in the County and State aforesaid, i
I
did then and there cause an object, to wit: a "dildo" to contact and penetrate the anus of J ~ ,a
child less thau 17 years of age and not the spouse of the said Thomas Raymond Carr, and the satd
Thomas Raymond Carr operated in concert with Tammy Bishop during the same criminal ~isode,_ and
II
the defendant did provide to and administer a controlled substance to the said J d M Wlth the wtc:nt \I
of administering said offense I~
i',I
i~
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!I
against the peace and dignity of the State.
•
District Attorney 27th Judicial District ofTCUS
·- ----~--~-· ... ~.··-"'·"-'.!'·~=-=·--""'·""-''..~.""'-'''-"""~·- - - - - - - - - - - · .
'I,
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THE STATE OF TExAs 1, _________________________________________ ~·--
CoUNTY OF HELL li
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of the District Court of Bell County, Texas, do hereby certify tha the
withln~d foregoing is a u-ue and correct copy of the original Bill of lndlctmcnl, t'Ued in s:tid Coun on the ',,
day of A.D., 20 ___ , ln cause No. , style
:til>
-o
;JQ Jl[
STATE OF TEXAS § 0 r1
COUNTY OF BELL § -o
:X
m,l :I
N D'i
COURT:9RDERED AFFIDAVIT
(in Cause Numbers 57,557-A and 57,558-A)
......
-<
N
C1' i
)
Before me, the undersigned notary, personally appeared th.is day AffLant
Cha~Jes ("Mo~nty") Montgomery J r·., who, after being identified. by Driver Lice~se
aRld du~llJ by me du!y sworn~ deposed upon his oath and stated as follows:
"I, attorney Charles ('Monty') Montgomery Jr. (State Bar 1114288000), give this
AffidaviL in response lo and compliance with the January 23rd, 2013 'Designation of
issues and Order Expanding the Record' in Cause Numbers 57,557-1\. and 57,558-A of
the 2 7rJJ Judicial District Court of Bell County, Texas; and l have ei.ther good reason to
believe or personal knowledge of all facts herein set out and swear to the truth of same.
• "As regartis the Court's designated factu~ issue NUMBER 1 (one), as u"ial
COLUlsel, I di.d investigate the facts of the cases and the law applicable to said facts, and
did discuss both, as well as possible defenses, with Applicant, Thomas Raymond Carr.
Wi(n~ss the following 'plea colloquy' I question and answer exchange between myself
•!:
•;i
and Appli~~t: '·l
·. ;'t
-~~l·-~l6: .·;
. .. . -~: . ~ow.-1-~;n, ·h~ve you altt! dissatisfaction whatsoever with my representation ''
:!
of you?
A: No.
'.
Q; l~ there anvthin~ that l have (ailed to explore by way of investigating and '
1_1:
•'
preparing anv defensive issues or witnesses?
A: No. ::
'
I
'•I
: All rlo-ht And it is true is it not, that I obtained and interviewed -~d [got] an •!
Q ,it..
o . . . . itt] Outten who ... e.arns Jus lt~tng_ as a .
assessment by Bob [ : 0 4 · . . t'mooy in mitlgauon ot
drug and alcohol counselor and was gowg to g.tve rest
Affidavit~ Page 1 of 22
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(· . ·, 'i ·.. . 1 -.' ~
• punis~ent apprising the jury of the role that d
your mmd and your intent[ ] and . h.
·
rugs nughl have played on
'
as all of the other testimo~y tha~:~; d::~all of t~at. in th~ b~hmce., as well
witnesses that vou told me ~.......... 1 __ oped, 10 !ntervleWltl~ all Q{lh.e
'U-'~V><-b PJUS some others tJr.aJ J de t ed
I
I
Q: .All ri.ght.
. As a maner o f f:act over the weekend I made contact with and
tntemewed t/te.lllst r~nin_Jf_witness that you wanted me to talk to and gave
you a l;eJJ,~l't back on his !J!l.Wlllm~ess to testify and what that testimony '
Ir
would have been had I compelled tt by subpoena, correct? ~;
A: Yes.
/.,
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A: Yes.
Q: All right. And again weighing that in the balance (,1 you decided to take the 'I
State's offer rather than go to trial?
A: Yes.
Q: And also yesterday in our meeting with Detectives Jerry Dugger and Mike
Simmons, you »;ere provided acct§s to your com.outer. were you not?
A: Yes.
Q: We were unhappy with the fact that we had been unable to obtain an expert to
do a computer analysis for the $500 that the Court bad been able to authorize[,]
and Jerry J)ug-cer wh,£ is a police o((~eer and not obligated in any way
whatsoever to assist us· nevertheless accessed everything on yow c;.omeuter i
that you thQ.JJKht w.ould be to {sic) of qyail in £OUr defense; is that correct? II
!
A: Yes.
Q; And he promised to deveiop for you and print up for you and, if necessary,
give testimony to aU defensive matters that were raised on your computer,
correct?
A: Yes. ·1
i
Q= And he also pointed out some things that did not forebode good, again that
they showed sites lhat fllllt4"'1ifiJiJ.] you had accessed on your
Affidavit-Page 2 of 22
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comp~ter. . Alld _he expressed the opinion that based upon bis years 0 f
ex.penence m w0rking these types of c ·
saw no basis what ~> ases, pornography cases, etcetera, he
soever Lrom thQ.se computer record h !! h d
on your c~mputer on the hard drive jn the unallocated s~ac:t ct~c:er fo~nd
saw JUJ evitk.nce whatsoever rtlz · . ' a, -!
cril~U!£, did he not? or an u er t.nvestz ation o an other
A: Yes, sir.
Q: ·
4
"i "!'
he 5 he would testify to thm and that was one of the detectives who
wor ed this case, correct?
A; Yes, sir.
Q: !s there ano/·complaint tha1t:ou've got regarding mv (aiiu.re to do a.nvthirtg
m pr~mu.ation o(any possible defense in tltis CCJ§e~?
A: No, srr.
This 'plea colloquy' between n~yself jllld Applicant~ addresses (RR V 1-pp J6-17)
my development of the 8j)o1i~able LAW, regarding which the following explanation
should - better than mere quotation of the plea colloquy - i.llustrate my effons thereon:
In addition. to s.uc£essfully getting STRICKEN from the CAPTION of
the Indictment (i.n. Cause No. 57558) the 'nwiester'-branding aJJegatkJI:t
'(Aggravated Sexu~l Assault] OfA C'hild~ and ALSO forcing AMENDMENT
of that Indictment's allegation of specific intent, I HAD ADDITIONALLY
ATTEM;PJ;ED TO QUASH SAID INDICTMENT yls a vis a contentiop that
.the law of parties would have to be relied upon to hQld Ag,Qlignt criminally
responsible for (his common law wife) TA.MMY BISHOP's an.aJ dildo-
penetration of the l.ntt!pt;/} 16 year old) victim (tmd two J4 year old extraneous
victims) - my client's ruain defensive claim being that he did not personally
dildo the victims and only FILMED it). Tllh."N (so my argument ran), this
'Parties-Prosecution' of a lnd degree offense would be boot-strapped into a 1st
degree 'Operating-.In-Concert' case W 1THOUT THE REQ[/ISJTE factor of
any ADDITIONAL conduct. I advised my client, Applicant Thomas Carr,
Affidavit-Page 3 of 22
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• that 1 had done my best to build reversible error into the Record
TRIAL foJiowed by an app l b ha -
... th
- In .e
f
event o a
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TAMMY' - ea - ut t t, ag Thomas himse}f kept complaining,
. . . s NOT HAVING BEF~N INDICTED FOR A SEX OFFENSE (or as
a C()-defendaot) would probably doom any appeal or collateral attack based
upon sajd issue; AND TRA 'f - as I put on the Record m
. the ptea coUoquy
(RR-Vl, pg 17)- AppJjcant' s judicia} confession to the gpzpyi¢ indictment,
aHegiug th1M Jl,Ji administered the drug to the victim with the inteut of
'facilitati·1U! COif'l.mission of the penetration of the aiUI.S ()j [the victim}' ~l
would D.li~E4.1' ~ny appellate contention that there bad been reversible
error in t·be trial court's denial of said motion to quash.
fi'Nl = ~&!~ il~P.dmen,t substituting the phrase 'facilitating commission
of the penetration of the anus of [the named victim]' for the
original allegation 'with the intent of administering said offense',
g~ew out of another attack by my motion to Q.«&jh.
There were many otber issues, factual and legal, that I dealt with, constantly
(when Applicant wasn't either at the Vernon State Hospital on competency comt::llitment
or elsewhere, at the San Antonio Dominguez Unit, etc.) over the 2J.nwn!h duration of my
representing Ap.pl1cant, a jew of which will be touched upon hereinafter. Suffice it to
say that, when he was at the Bell County Jail, I was NOT visiting Thomas for the purpose
he would have the Court believe (that of getting him to enlist cellmates as my clientele),
but, rather, because I was constantly addressing his problems and needs, attending to his
medical issues (infn~.) AND to the problems of his parents and chi.ldreu (infra) growi.ng
out of his and Tammy's incarceration. While this might seem irrelevam to the manner in
which I discharged my criminal-case representation responsibilities, the point is that
J\pplicant has fabricated a picture tbat 1 'never counseled' him, ~never did anything to
represent' him, and 'just sat ther.e and got [him] to sign a plea, with broken promises (I]
would appeal [his1 case' (infra).
For example, Thomas viewed the yideo 1'\VlC::&;.- not just immediately before
signing up for a guilty plea, but, also, months before that; and on bo(b Qfthose twO
Affidavit~ Page 4 of 22
•
• occasiotJ~ he .heard H!MSELF
. GIVING
· DiRECTIONS
· AND I SSUING THREATS,
as, for example, that lfthe juveniles resisted the anal penetration that he wanted to film,
then they would have to perform Fellatio upon him.
. Aild as (or his como,lai,nJ tlwt I never showed him Tammv Bishoo's alleged
.. ..stateme-nt. well
wntten · • NEIT.f-T'GR
. · uu. had "'ed
'7'
Potter-
. •
for thirty years the kingpin of the
centraJ Texas criminal defense b;u- and APPLICANT'S PREVIOUS ATTORNEY (whom
I had substituted in for)- been able to get tlu Stgte to give it up_; it wa.m 't suuuwrily
disco.ver.ub,le
• (Tammu;r NOT bang
· a. co-rJe·f. ..1~ 11
:,~enuant1. I had. moreover, gpne to tbe
jail to intcryien; he~ - and she decided not to di,fcuss anvthing with me (although my
stated agenda was merely discussion of their children's visitation with Applicant ·s
parents/ the children's grandparents).
As for his boast of having gotten 'quite a few people to fire their lawyer and hire
[me]', that grew out of his and his cellmates monitoring the block-long walk from my
off1ce to the jail; 1 do not deny benefiting from the earned reputation of a lawyer who
rer:ular-lv visits his cLients.
As for the State threatening Applicant with' 17 {seventeen} indictments' AND
my supposedly ~nat responding', I bad previously told Thomas that by MY COUNT, ; 1
:'
there were indeed FIFTEEN, bnt not seventeen, possible total charges, SOME OF
WIDCR- if not ALL of which- he should EXPECT to receive stacked I consecutive
IN THE FINAl, ANALYSJS, THIS- and !!:fl1. the bleak prospects
sentences for!
of .an Appeal, Q! anytbing else- was why I advised Applicant to w.aive trial, waiye
direct appeaJ a.s well as collateral attack, and plead guilty. I would have loved to 'i
! :
nave tried that ca.'3e, as winning it wou1d have been. a big feather in my cap; but 1 owed it
to roy dient to make him see reality- that we wouldn't win 17 (or even JS) times; and
that any jury who might buy the State's argument that Tammy's cooperation as a witness
should condone Thomas taking aH me blame, tbat would be a jury that WOULD 'MAX' I .
HIM and aiso recommend consecutive sentenci.ng. AND TI-lAT 1S WHY 'fHOMAS l' I'
ACCEPTED THE STATE'S OFFER. After a.U, it had taken me 23 months to get it do·-'lll ! i
! '
I
1.0 thirty years; and it wasn't going to get anything but worse\ \ \
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Affidavit-Pagi! 5 of 21 I
11 1
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• Fmally, as for Applicant's claim of having been on 'psychiatric medicati n [ d]
scared' and supposedly not allowed to talk to his family before JM Jri,.,~ a d . . t
o an ...
tl
. . ·~ ectslon o accept 1e
offer or reJect lt., well, simply put, neither was th"' case.
... He knew beforehand wluu the offer
was and that I could not. et beuer one - and ad
the assembled Jhree ju,venil~ .AN}) their Parents, letting them know that in any trial I would be
altcmpti.ng to litigate the juveniles' previous drugging and boozing - AND ASKlNG THE
JURORS 'Where were the PAREN'lS?'
As for the psychiatric medication, that was the I
result of Applicant overplaying his hand at Vernon State Hospital, refusing to particip te in ,.I
11 r
intervie.ws by the d~agnosin{f.'!!!'. doctor (actually calling him an insulting oame whicb he i~
fr
stupidly joked about. in a leng distance MONITORED phone cal.l to me), AND being observed !I: ~
!.i
i!
demonstrating hidden cognitive abilities AND consequently classified as a malingerer who n
should be rttumed to Bell County with medications for 'Ps_ycho£k Disorde:r'. Truro was, il
Tn.o.mas was constantly mlUJ.ipulating, bul.in complete control; witness the unusual consistency
of his very dear, cursive sig.narure on the plea papers.
FNl: I even tried to f.!llJJSJ1. bis discharge and return to competency, by arguing that the
psychiatric reports had not been authored by a doctor who had PERSONALLY
imer.:vi~..ed this 'Malingering ... Personality Disorder' pati.ent. :I
'1
, I
, I
ln closing, I must comment further on something onty touched upon hereinbefore. :i
Applicant knew that 1 had grnter
i
·
to his 'threat' to return addiuonal · ·
mdit.tments an d s'T'ACJ{ ~" defendant i{ I
.t.n.
I!
Affidavit-Page 6 of 22 I!
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• he wem to Lrial, WALDMAN DID INDEED OBTAIN A SECOND INDICTMENT and try
thaJ case to another jury, with the result that the defendant who had only three years to do
after the {irsz trial WOUND Uf STACKED, with twentv-three years to do after tbe second
trial.
FN3: Th~c; revelation was significant to Appucant, as well as myself, because said
auorney Ted Potter had represented Applicant prior to my being retained.
!n shon., it was my considered judgment- aud adviee to Thomas Raymond Carr- that he
take the State's offer of a thirty year punishment recommendation, waive appeal a.nd
NEVER breach his pl.~a ba.r:g.ain by attempting to get habeas relief. Apparently (?),my
former 'Client.& Rr.-U;nd' (as his letters refer to himself) h!1now for~otten the TWO
'DISCLOSURE 01<' flLEA RECQMMEND:\TION' orovisio!!1 - WIDCH APPUCANT
S[GN£U AfTER I HAl) SIGNED THEM AND MADE SURE THAT HE UNDERSTOOD
THEM - that if he eYer 'attacks the judgment and sentence in this C3Se (57,55§.1' Q/1
'tries,jn any way, to collaterally attack the judgment aDd sentence in this cause (57 ,S51J ',
tile Stat~l is no lo,nger;,
.
bo.u1.1d
.
by its promise not to f!le additional charges!
"~
[
rega-r.ds.the.Coullt's.desi&nated factual iss~e NUMBER 2 (two), to w1t,
. ~
. I
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i:
whether rlrequested and received complete discovery from the State AND shared that i:
:
!
[nformati9n - • ·
with my client, I must Lmtial!y ·
note that upon my entry mto tl•e case I was
: I
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met with ~bat my predecessors, Ted Potter and John Bigham, had faced - a ~mined ' '
I
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Mark Kirhba11 who was prepared to retum seventeen ·m d'1ctmeots of Applicant, Thomas
! '
.' C . D fi d Carr would not take a '
arr AND GO TO TRIAL if Applicant I then e en ant-
;
Raymon.d !
v; .... ball initially stonewalled me, then orally assured me tlla.t
ftftY. (50): year plea offer. ~,_.,
l would gel\ everything I was entitled to ifi executed a' W ruver
· f . EQrmal Discovery'·
o .
~ f record
; I
I . . . I did sign ! t
On Januty 27'\ 2005, shortly after my subsbtutlon mas counse o '
. in that it got Kimball talking co me about the
that waiJ~r and do believe that it paid oft~
i
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Affidavit-Page 7 of 22
• case AND EVENTlJAU y LED TO
juvenile victims AND th ·
a group meeting between
h' . ·
myself and the three
(RR-V/-~;/arents., w JCh meettng (as hereinafter explained) resulted in
Qarentai permi~sion"'being given to Kimball to COME DOWN (t' fr r.H-..
· 1rsr omllt1.E years to
thirtJ;-five., and- after 23 months offlghting me- from thirty-five to the thirtv year offer
that Applicant decided to take).
Mean.whik,, however, disagreements between myself and Kimball regarding wha1.
1 sbould be considered 'entitled to' (i.e., differing views regarding what 1 contended to be
Brady-Discovery) caused me, on September 20m, 2005, to file my •Affid8vit Supponjng jl
il
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Applic:uion .For Deposition Testimony' and the thereto attached 'Defendant's 'i'!
•i
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Amended Omnib.ns..Riie-Trial Motion', seeking, inter alia, joint/er of prosecutions, 'i
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quashing of the indictment, expert witness funding, compelled trial testimony of the I
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indictment-named victim. a copy of the video I Defendant's recorded statement,
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notice of extraneous offense evidence, a list of the State's c.ase-in-chi.ef witnesses
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AND of it's expert witnesses, various other routine Discovery requests (crim,joa! 1:
histories, etc.), a.nd quite a few requests that were TAILQft.ED to discovering 'I
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evidence corroborating mv client's .ttory tlua, imer aliu, the three juveniles got
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themselves high..o.n.pills they'd h.een crushing - which pills supposedly came from : f
! .
the prescription drug stash of the father of the indictment-named victim (contrary to i :
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said father's contentio~ ·
at the above ment1one d JOmt
· · meetll1g,
· that n one of his pills had
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been at his house where and when the subject criminal assaults took place); together '
I·
with a 'Motion In Limine' AND an 'Application ... For Degositiop Testimooy' (of
/by SAID.father) .
•
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• .1S REGARDS whether I g.Q! that 'complete discovery' addressed by the
Court's Designated Factual Issue Numher Two, I must say in aJJ candor that 1 told
my client I Applicant tlu.u !felt the Court had erred in denial of~ of my requests
'
BUT tb41 any prejudice thereby occasioned would N01' likely generate a REVERSAL
of conviction up.on appeal (INFRA, regarding appellate engagement and advice).
At any rate, I did share with Applicant all Discovery obtained;
and th.e (previously herein described) meeting with Jerry Dugger~ fuiJy explored -
and dashed- aU ho~.e. th·at ex-onerating evidence wo11ld be found on tbe defendant's
coqwuter, so that (by v-irtue of the described hiw-enforcement-computer-assistance)
~ve got more t#s.t;o.v.ery t.kqn what we were sta:tutorilv entitl~d tl)}
FN4: Please refer back to pages 2-3 hereof, where the quoted 'plea colloquy'
between myself and Applicant reflects his confirmation ofthe valuable
assistance of Detective Jerry Dugger in examining Applicant's computer
in search of exonerating evidence.
"As r.ega:r.:Q_s.!pe.Co.ua) designated factual issye @M:.BE.R 3 (three), as trial
counsel, I did consult witth AppJjcant to prepare for trial. As explained oo pages 5-7
hereof, Applicant and 1 basically spC'!nt 23 months constantly rehashing what we could
do with the evidence- and what we'd be stuck with. Generally, Applicant's proposed
witnesses wouid ~ have done anythlng more than show the juveniles to be typical
. Dt-h It d"d 't
teenagers, except that Tommy's S~st.er, Sonya~ op- w o 2....11- w n
a {to testify- ~
C.OIJ.ld have
corroboraied thai Tammy said she was going to leave. Tom for a Rl.CH eighteen year old who
was jus! back from Ku.wail., UIJd,._,..
~corJ· ..g the contention that the indictment-named victim
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LED THOMAS AND TAMM¥ TO BELIEVE HE AND HIS PALS WERE AJJULTS; this to
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AffidJJ,vit-Page 9 of 22
• be coupled with computer eyjdence tbat the couple (Thomas and Tammy) had sought out
ADULT- rather than juvenile - websites.
Another witness that Applicam had me
mterview was a neighbor that would supposedly testify ( l) he'd been told by r AMM"Y
that the (the indictment-named 16-year old) juvenile said neighbor had seen visiting
Tom's house was an ad#Jt "rich guy from Kuwait' she was going to leave Tom for; and
(2) was into dru.gs; said witness told me tbat his testimony would 'Not belp' Applicant.
Her.ew;itb-s.ybmittcd ~ ~~ is a three-page write-up (one of
several Applicant furnished me in our preparatioru for a jury trial) of the defense (in
addition to the claim that his sole role was the mere filming of Tqmmy 's actions) that
Thomas wanted to_pr.es.ent, Lhe Court's reading ofwh.ich wi.J.J illustrate why I
• previously herein stressed that drug and alcohol counselor BOB OUTTEN was prepared
to give testimony (that I would have trie_d to get in oo Guilt-Innocence rather than just on
punishment) as to the effe£ts of d~ugs - particularly drugs mixed with alcohol - on
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HAs regar.ds t·b~ CQ.UJ.fs design~ted factual ~sye NUMBER 4 (four), as trial
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counsel, r did Hf)_T fail to contact any al.ibi witnesses. There were NO alibi witnesses,
a:; Applicant hints~lf '!l!J!ears . m
momentanly . 1us
. own· Vl·d eo, weann
· g a hideous negligee-
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type 'gown'. And as Applicant acknowledges in the plea co1loquy, I contacted ALL
of his so-called •witnesses'; and they generally (supra) would not testify to what Thomas
d" whom I recall being able to coofi.rm
wanted with another exception, his mother, Ger ...,
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' Affidavit-Page 10 of 22
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• that-- prior to Tom's and Tammy's arrest for the su~j~t offenses- Tammy wa.s sneaking
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out of the house at night to supposedly rendezvous with the indictment-named juvenile ~:
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victim. Th · ·a1· f h.
e tnv1 uy o t IS tyPe of'd.efense' was in keeping with Applicant's
approach to everything: whatever the problem, it was always someone else's fault,
as evidenced by ~-i'.WO (Appljcan.t's .fi.ve·page 'Overview MTR [Motion To
Re k ]' ~ · ·
· vo e wnte-up done to enable my preparauon for the then-upcoming hearing oo
revocation of his felony probation), wherein, on the second page thereof, the second !\
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paragraph of said page shows Applicant attributing to his probation officer, Mr. (Joseph) i\
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Perez NOT liA VING AN UNDeRSTANDING OF HIS JOB REQUIREMENTS; just as,
two pages later, he talks about the indicunent-named victirn BEING A 'PUNIC
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a punk that 'GOT EXACTLY WilAf II§A.SKEJJFOR'I
I•'N5: The memos Tom generated were always discJUsed at my next iuil visir. : iI
when - be now contends - I w.as, assertedly, NOT counseling him and instead .
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supposedly focusing on which of hts cell mates might become my clientele. In
point of fact, tb.e complaint raised on the :first page of this particular memo (about
having been put on '1 0 years [probation] immediately) was resolved with the
decision that he should get started serving time on that case while I continued
Dghtiag his new cases, and thereafter consider appropriate habeas relief. :l
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"A~ r§ga.r.ds .the C.o.urt's d~i&nated factual issue NJJMBER 5 (:five), as trial
counsel, I did timely co.rnm.unicate all plea offers from the State to Applicant. As is
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recited by two of prosecutor Mark KunbalJ ' s letters (EXHlB.ITS. TJlR..EE:
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w 'lED POTTER, whom I bad replaced, KipJJall offered {!1C. initjaJJv, tk-£ WM fi.ff;y
(50) years that he'dQf(ered both Poaer AND PotterJs predecessor, JOHN BIGHAM.
telling us all there w.ould b§ NO FURTHER NEGOTIA. TION!
A.ffidal'iJ-Page ll of 22 I
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• Nevertheless, l gradually got the offer down tu tbiny-five years, and finally
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(after 23 11Wntns fighting forT om), down to the .!!.!i_m year offer which Tom elected to
take rather then running the risk that Kirnball!Waldman would carry through on their
promise of additional indictments I stacked sentences. Each time I had a better offer I
immediately went to the jail to report jt, but Thomas never understood why HE should
get ANY time; it was all the fault of Tammy -- AND OF THE VICTiM (Exhibit Two,
supra, wherein Th.omas says 'The punk got exactlv what he asked (or').J<.WfJ
FN6; The next sentence, referring to 'his [tbe pseudonym-named victim's] 35
year old girlfriend in Kl.lwait', is a reference to the girlfriend about whom Exh.#J
shows Thomas quoting said victim's brags that she used to dildo him be9ause he
liked it; in Tllomas's mind, neither he !1f2L Tammy should be punished for giving
said juvenile- and the two younger ones- what the older juvenile liked.
"As r.ega.r.ds the Court's desianated factual issue NUMBER 6 (six), as trial
counsel, I did agree to prosecute an appeal IF Thomas pleaded 'Not Guilty', went to uial
AND was convicted. I made very dear that to get the benefit of a plea-bargained j i
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punishment recQmiJlendation, his 'Guilty' plea would have to be coupled with .a I:
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WAIVER of both direct ap_peal and collateral attack. I explained what was meant
by those terms, and I emphasized that if Thomas~ tried to overturn his Guilty plea I
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conviction., he would then havereleased RR· VI-I iiB h State from .tts pronu.se not to rerum
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additional indictments; and io that event he would probably face multiple trials and
sracked sentences. Finally, I explained to Thomas rhat, yes, he could plead 'Gullt(
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withOUT benefit of a plea bargained punishment recommendation and STU.L APPEAL
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any
t£ led upon, BUT that there was -liule
of our pre-trial motions that had been adverse ru
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• iikelibood that an appellate court would find reversible error, AND that 9:f!E:. such
a 'Bench T•·ial' Q!! the sole issue of punishment, the Sentencing-verdict would be.
ttifficult to overlurn!
A.ND WHEN TOM AND lMUTllAUY SIGNED THE PLEA
PAPERS, l FASTII>EOVSLY WENT OVi:"R IiVERYTHJNG'AGAIN, MAKING SURE THAT
APPLiCANT, THOMAS R.4 YMONJ) CARR VNDERSTOOJJ - AND TOLD M.f:.' THAT He
UNDETtS1'001J - EVERYTHING THAT liE WAS SIGNIN&:
While my request for compensation addi.tional to the initial fee WAS based on
my COD ti:Jll.U.,in..g efforts to (1) lower the State's "Plea Offer while (2) bu.itding
whatever defense was available AND (3) attempting to inject reversible error into tht.:
case, i1 Wt.L.\' JU!:Iler _staJ&tj hv me, OR u~od h\! either Tho'WJS or his fnJher ~~.
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that there would be an. appeal" irresp-ective of whether the defendant might tli
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plead 'Guilty'! n
It was always understood that I was working to generate the BA.SJS l!
tor an appeal sho~ld one become necessary; and wben Thomas W A.IVED both direct !i
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appeaJ and collateral attack in ol'der to get the benefit of the thirty-year punishmen1 ~\
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recommendation, NEITHER he NOR his father Lowry tbougllt that I would be
faiiug .<01y appeal OR refunding any fee, for l~d done everything 1 bad agreed to do!
And subsequent to Sentencing, /::!{£ VER did Thomas or Lowry write or call
in.qu.i.r~g o.ftk.rt s.t~tus t~L anr
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aeeeal Witness
~ 5:-& SA., where(n Thomas, writi~g me from the (Abilene) Middleton Unit,
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speaks of his aJways-ongoiug (in f ra ) mc::uaca J L'lSUts
• AND being 'ready to move to
Gatesville soon' -BUT SAYSNOTHJNGAJ30UT EXPECTATION OF APPEAL
' Ev-r::rTDIT., 1:. .:A.: LD .. 7 ?·A&:7B revolving around the singu.Utr issue of
S ee a~so ~- " "' "'q.,_ lllP.t .,. . ' '
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Lowry) s djfficulty with having to travel far to see Thomas. In SUJU, 1 did NOT I •
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• fail to do anything that I had been paid to do·, an d for comparison purposes 1 refer
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the Court to EXHUltfS .EIGll'.tAND NINE, wh.lCh bespc::a.k the determination of
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pn>secuior Kimball not to lower his plea offer (particularly to the point th.at I a.lone il
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finally got him to}, Kimball's intent to return l7 indictments I seek Stacked 'I
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.sentences, AND my never-ceasing ~ efforts on Thomas's behalf.
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FN7: Getting hi~ 15 rather than 20 years in the 2"d degree case facilitated a possible
parole after servmg only hal[ of his time on the 3 fJ..vear sentence (RR- Vt-22)~
"As regards .tb.eCourt's designated factual issue NUMBER 7 (seven), other
facts pertinent to resolution of Applicant's PetiLion are as follows: I spent manv hours
(confirmed by the plea coiloquy betweeo prosecutor Kimbg]l & ApplicantRR-Vl-lSct ~q.)
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tending not only to Applicant's personal issues, but alsQ- at Applicartt's request- to l1
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those of his parents !!!;!!l children, issues growing out of Thomas's and Tammy's ..
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incarceration (infra). Mores residence
Cfrom six P.M. Friday to four P.M. Sunday, lwice a
·hi b CPS ·
- - w c · was saymg was 'a crime scene' and had some
waH damage (which .Skip was in the act of repairing). And tllis role as intem1ediacy
between the CARR and BISHOP fami.lies had me also dealing w.ith Potter QJ:.Lowry' s
fanner CU$tody attorney (Lowry wanted me Jo get a REFUND from Potier, a11d I !li!!)
and with Potter's then-associate, DAN LIC.rHT, from whom I obtained such ofPott~'s
criminal-case file material as ~-;~~ (informing Thomas that it wa:; not a
defense that he, Thomas, had wrongly believed the indictment-named victim to be an
ADULT); a.nd Thomas was meanwhile sending me letters, from where he was elsewhere
incarcerated. regarding a Bar grievance against Potter (whose written advice to him T'd
• Lbought qu.ite S supra@ Exhibit Eleven).
~·~ is a 'Message' Memo by my secretary (now deceased)
KAY (\VHITE) JONES advjsing me that Lowry I 'Skip' wanted me to call him back
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regarding an asserted!y false claim by Potter that the desired civil-fee refund had already
been made. AU of these were the sort of non-criminal matters I generally refuse to get
involved in, but nevertheless was expected to by Thomas and Lowry I Gerda. And in
the last phone contact I ever had with Lowry, l remember explaining that Thomas - . I
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in order to get the benefit of the 30 year plea-bargained punishment recommendation-
had WAIVED both direct appeal AND subsequent I coUatera.l attack; AND, while ;I
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out to Low case Thomas
would probably be subjecting himself to further prosecutioo aod stacked senteuces
AffldaJ•it-Page 16 ~f 22
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• sh ·d h
ouJ ~ e ever attempt to oyerturn his Guilty plea I conviction.
FNIO: There was mnre .~ to rhis h .
~ '.' case 1 an JUst the despicable facts behind tile
Indictments I the filthy debauchery of the VIDEO d d. . .
. . an rsgustmg stght of Tammy
VVlpmg oifthe dildo apparently unbothered by getting the boys' FECES on her
hands; more than just the look of prun on the f~ of one of the boys who was
threatened with having to perfonn Fellatio if he didn't submit to being dildoed -
-· a threat I tried to keep out of evidence by complaining ~·~
of NOT being afforded EITHER a TRANSCRlPTJQN OF or tbe videoed
RECOlMU~,G of Tom's alleged utterance of the threat.
"': T?w had been toJd that O/!.e of the boys' fatber rou a member o( tbc
Pr.esl~l'ent's Cr.a.wfgrq, l'exas security team. I had no confrrmation of
that; but, still, I ~o,'ed. down my o:llice after it was BURGLAR.IZED by
someone WtQ T..CJ.OK NOTHING and merely picked tbe hidden locks -
without damaging them -of my desk AND LEFI' THE DR.AWERS
• ST.ANDlNG WIDE OPEN, pulled fully {)Ut!
And when~ Carr- charges that I thereafter was 'no wbere to be found',
he forgets that 1 conrinjled to fight for Tom for ANOIH£R YEAR & FOUR MONTHS.
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and fmally got Kimball to give me that thirty year otTer I Moreover, Lowry and
l bad many phone conversations AFTER the c.losiug of my commercial office; and
he knew that I W..@~ offit!ing-.o)!t of PlY home, @ERE both liB and GE!WA. wote me .:
(supra, Exhibits 6, 6A & 6B, 7, 7A &7 B) and see EXJilBi.D-~F.~~.,
containing a newspfWer clipping that Gerda waHied rne (() see. And Lowry should
know that SUBSEQUENT to Tom's departut'e from Bell County, I accepled a
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cQlle(;l phone call from Thomas (in TDCJ) inquiring NOT ABOUT ANY APPEAL ''
BUT SOLELY WHETHER I COULD GET HL\1 TRANSFERRED TO A UNif
Affidavit-Page 17 of 22
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Tom, het:ause he t·old me tbaL 'I can tt believe I took thirty years' _ but said NOT I'
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ONE WORD ABOUT ANY APPEAL; then stiU having a fresh recall of Kimball's i/
Sentencjng-admonitions (supra and RR-VI-19 et seq.) about the consequences of
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;•any type of writ . · · or ... judicial review", Thomas mereJy wanted me to try getting
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hilll incarcerated close to ltis father Lowry. And glances back at Tom's fetter ~
from the Middleton Unit (supra, Exhibit Five) AND Lowry's notes to me (supra,
Exhibits Six and Seven) accompanying the letters (supra, E.xllibits 6A and 7A) f:rom
do(;tors Braun and Rebecca (attesting to Lowry's health problems with having to
travel far), ALL FAIL TO EVINCE ANY HOPES OF OVERTURNING THE
• GUILTY PLEAS I CONVICTIONS.
E.umination of my large file bas not pr·oduced any notes of whom T
contacted in regards to Tom's and Lowry's hope that 1 could accomplish a nearby
incarceration; and I loathe the thought that perhaps the time-demands of m.y
practice kept me fr-.om adequately following up on their request; nevertheless, the
point is that from the correspondence l received, NONE o{the Carr's (Mither Tom
nor Lo~ry nor Ger,da) eyer eeeressed any desire for or expectation o{an APPEAL I'
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Finally, I wo11ld reiterate that I was also .required to handle for Tom hoth. a
misdemeanor and the hereinbefore briefly mentioned felony probation revocation
in Ca-use #54340 (wherein he had been placed on probation for au Apn.• 25th ' 2002
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Possession of Marijuana Over Four .. · ·) ; an d pursuan t to which• after it became
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. d"1ctmeuts qua shed and tbat be was i
obvAous that J wasn,t going to get the new m i
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Affidavit-Page 18 of 22
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• probably going to have to- in lieu of what a.jury might do- take at least some
(concurrent} TDCJ time, Thomas entered $elective pleas of 'True'.
ADDEN.DUM in re # 57,S51A:
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AS REGARDS APPLICANT'S COMPLAJNTTHATHENEVER SAW ANY II
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'EVIDENCE of' Delivezy' of a controlled substance to a minor, the initial observation
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must be that, nevertheless, he signed the Judicial Confession thereto and pleaded Guilty :r
AND in the course thereof confirmed (RR-VI-9 & 10) to the Court that he had not been · !I
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coerced in doing so; he thus bears a heavy burden of overcoming the admissions of the
plea colloquy AND, further, of explaining away his sworn testimony (supra, page one):
Q· .Now, Tom, have you qnv dissatisfaction whatsoever with my representation
of you?
• A: No.
Q: Is there aJty.thirzg that 1 have failed io explore by way of investigating and
preparing
A: No.
any
iiet:etisive issues or witnesses?
Moreover, the advice that I gave Applicant, plior to said Plea, was sound advice,
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to wit, (l) forensics ey.iden.ce is NOT ueces~arY• upon appeal. lSl support a conviction
based upon any Fact Finder's (reasonable) decision regarding whom to believe; and (2)
my joint me.e~i~~-:w:ith,the · . (one of whom inparticular was vulnerable
tbr.ee MINORS
in appearance) a.w! t·b~ir (!!·V.en.~ ·~onfirmed tb.at t here wonld indeed be VICTIM I
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testimony as to .
ha~m~ . M h
f.CC@!¥edeLamP b et a mine from Appliqmt, as was expected I'!
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~'"'J~,!M~B§S::Ol!RAMJTE;ED[L!bnv~tUb!.!e:..Jt~es~t~im!&!o~nl.lv...!o!.!f..-T~AMMY~~"'-"'-; and (3}
by Applicant himself to be !;ORR
· that hid eou s 'Ted(b:
once a i-!-10' s~tw Applicant parading around in his video weanng
. who was prote stiI!C. that be could
Bear n~ligee' and t~lling the jul•emle TAKE JT
Affidavit-Page 19 of 22
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• (bec;ause she /Tall'Ully did it to Applicant all the time) Qll PERFORM FELJ.ATIO upon
4fmticant, then he, Applicant, would have lost all credibility; a~d there w~· not going
lo be any jury nurcy upon Applicant, for he would e_et the MAXl.MUM second degree
felony punislunent !ll.tw.entr Jlean RAfll,ER THAN THE FIFTEE,N YEAR.2 THAT
THE STATE f:KA~' A{JBE.b1NG TO RECOMMEND in order to accommotkJJe the
possibili~y of an early Parole Olt the .first degree case (eligibility to be derived from
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having served half qfthe thirty years thot the State was recommending in said.firsl
degree case).
A'i for the conz_en.~e.d lack of (forensic) evidence that Thomas 'did ... knowingly
deliver ... Methamph.eta·mine~ to the indictment-named (16 year old) victim. Thomas
• is hung up on the INCORRECT belief that the State would have had to prove an
l..i\[JECTION; and such is not the case, as it would have sufficed for tbejury to find
from tb.e testimonJ that it w.asH.E who SU[!.pligd w the boys the pills that they were
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(by Tom's own story) 'eating AND crushing up and snoning'. Whence the Se[!t. 19 . i
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(2006) fllin.g of my 'Motion For ContiJJuance' setting out the following:
1. The St1l;te had-.faih~d to comply with the Court's pre-trial ruling requiring
th·at Defend.ant be g.tven a list of case-in-chief wi~n~ses 'M l~ter than
four-teen d-ays ·pr-ior to [our scheduled OctoberJtrtal - hampenng our
ability to timely confer .... ; .
2. The State had concomitantly failed to honor a prom1se to the Co~rt. to
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provide Defendant- twenty days prior to trial- specifi~ ~rescnpuon
recor-ds oftbepreviously herein mention.edfatb.er ofthe mdlctroent-111UJ1ed
victim.
. . REVERSIBLE ERROR into the Record
Hence, I had again done my best to lllJCCt .
!!J the event_ that we be put to trial without the requested continuance and DISCOVERy;
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AffuW.vit-Page 10 of 22
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• and this was explained to A: l' b .
~p Jcant efore he decided
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to enter a Gu 'lt
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roser:ulor
(AFTE . ·
R mme and Applicant's meeting with Detectives Dugger and Sinunoos, then with
prosecutors Kimball and Waldman) !!{'the. medical records that that we bad
req.u.ested'!
Finally, it is also on the Record (RR.-VI-27) that there was NO Lab Re,gon;
and confirmation as to the 'Methamphetamine' classification of the controlled substance
came fi·om 'the victim's blood', Regarding wh:ich I would observe tha~ it js hu.rdip ..f.
r1.
ineffective assjsla!,l,c.e tg..fa.iJ lo.~e.t di~coy.ery of that which never exist!?(!. And it :·1
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was a strategic decision on my part- a decision proven sound by obtau)ing a fifteen l,,
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year (rather than tw.enty yea.r) recommendation on the second degree case- NOT to :j
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ran kJe the prosecutor by insistence on seeing tbe medicaUy documented blond-work. ! ~
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In dosing, l did everything I promised to do- and much more than what tbe
Carr fainiJv would have obtained from most attorneys; and it is because of my
sLeadfast efforts on behalf of Applicant, Thomas Raymond Carr that he obcained
the prospect of being paroled after ONLY FIFTEEN (rather than twenty) years - a
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a prospect that I lwpe he has not forfeited by this improvident Writ appiicatwn. "
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FIA.NT, h , "M ontgomery J r·.
C.ERTIFlE,O COPY SBOT 1428800 Tel. 25 4-98 6- 2531
DOCUMENT ATTACHED IS A
TRUE & CORRECT COPY
~400 Seven Coves Rd., Temple, TX 7 6502 - 65 ~ 1
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Of THE ORIGINAL ON FILE A.ffidu:vit-Page 21 of 22
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APR 11 2013
SHELIA F. NQRMAN
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® DISt..RJ.CT CLE
BY.&.::wv
, B~Ll ~ TX
't'.o~UTY
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SUBSCRI:B·ED AND SWORN TO , before me, the undersi n d N
Y the above rulmed Affi
,tf 4~l~t
g e otary,
(as knnwn H> me or identified by Driver Li~ense), this
the / (/ day of ' • '2013.r
DEBRA KAY STURTEVANT
My Commlnlon ~lll~s
July 25, 2013
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CERTIFICATE OF SERVICE
Tb~ is to certify that •• this th~~My of April, 2013, a true and correct
copy of .tbe for"lloing •coun-G·+ IN-~-·· -J, 1J 1-t \ .
(ll) A 4-3-0Sletter headed "Dear 'Monty'".-~ h., \ ~ \ , ;1..-·l-__s ? f::'" I"' •./ ~) lfi •·\;.:~>
(12) A 3-24-05 Killeen riews clipping headlined "Heights man indicted on charges of
drugging, raping 16-year-old".
(13) A 3-25-05 Temple clipping headlined "Harker .Heights man may face life
in prison for meth, sexual assault" and picturing DefendfoR.t's mug-shot.
( 14) A 4-16-05 letter headed "Dear Monty". e
'f'.J ~ \ "'P(. (
( 15) A 4-23-05 letter headed "Dear Monty". tltvu
t{~ pr c.sr .· D r. a· ,....,/ \r. y·:v
(l6)A5-l2-05letterheaded"'Monty'". Qr-,;-~.·?_ ~ v·r ·-,'):.:
.<"
(17) A May 28 '05 fax from Ft Hood number 254-288-2065, labeled "Ask
!);· -- Monty (for] Thomas Can''.
(18) An LUldated Letteradd.re~ed" Dear 'Monty'" and signed "Your Client &
Friend'' --t.r..Jt-~f,f.J._ ,
( 19) A December of '05 envelope and Killeen news clipping, headlined
·. . ". "Heights woman given 8 years for giving meth tO children", and mailed to
f . . : f ;ll...
. '-~ }
me by Gerda Can (Thomas's mother).
r· (20) A 4-20-06 (the four looks like a nine) letter I memo addressed "Monty",
~together with two pages of sn·ategy I inst:J.uctions for r.et:rieving files
~ ';.
'\. ( c
. .. \.r '· .£rom Tom's computer ( al that time in the hands of Harker He1ghts P. D.).
..........
-~
~
..
..
'~ i I
't• Receipt-Page 2 of 6
.~ ..
• (21) F om ( 4) pages stapled together and labeled by Tom at the top thereof,
respectively, as "Computer Forensics", "How were we to know",
"My [Tom's] closing argument [for his anticipated jwyr, and
"Gerad's story".
(22) Five pages stapled together, containing undated further insuuctions for me
and headed, respectively, "Questions to ask a computer expert", "Back
date the computer. .. ", "To copy files we will need ... "*, "Things to take
pictures of. .. ", and a one page map.
*: At the bottom of said page is !!!.Y subsequently recorded "Post-
Plea Memo:
"All of the stuff Tom wanted was accessed by [H.H.P.D
Detective] Jeny Dugger for Defendant at om jail
meetmg (where we got on Tom's computer and viewed
the original cam-corder tape) tluu the cam-corder which
(with the computer) Dugger & [Detective] Mike
Simmons brought to the jail".
(23) An undated (postma.rke~ 8-3-06) and un-addressed letter to me (i.e.,
without salutation) regru:ding "Tmth and justice ... " and swearing to tell tbe
truth.
(24) An undated letter (no envelope) beginning" 'Hay [sic] Tom'" and signed
e·- "Joe Starks", and apparently quoting in red ink a reader's letter-to-the-
editor about Tammy having been given 8 yeru·s for Delive1y to "boys"
while escaping indictment ("no charges") for the "sexual molestation" .
,................-s. Sixteen *(16) pages stapled together and constituting my I Monty
7_0
.:.-- Montgomery's) personal notes I work product, of which, while keeping my
L.-'
I"" I ;': '
c v originals, I've given you color copies so as to enable you to discern red ink from blue
or black ink, and thereby better follow my notations.
*: The sixteen will actually number eighteen, because one page is copied two
different ways (i.e., with two extra half-page {top and bottom} copies,
ensuring that nothing was lost in the copying process.
9. Seventeen (17) pages (NOT stapled together), containing various letters I
other writings by Lowry Thomas Carr (Defendant's father), Duane Miller,
Ted L. Potter, R. 0. "Bucky" Harris, and a note from my secretary, Kay Jones.
10. Various documents comprising the file history for Cause numbers 57,558
/) and 57,557, in the following orde1·:
/ (1) the Complaint for Del. C/Sub. To a :Minor
(2) the Complaint for Agg. Sexual Assault
(3) a 1121/05 printout ofDefs criminal history, along with Affidavits For Arrest of
51
both Thomas Carr AND Tammy Bishop on the Delivery charge. (Tammy's 1
"Affidavit" is nothing more than a screwed-up Complaint form; and Tom's
contains two Complaints with no Affidavit in this particular packet.)
•
Receipt-Page 3 of6
• (4) my Motion To Substitute Counsel in Cause# 1847.
(5) " " " " " " " # 1847B
(6) Waiver Of Arraignment in 57,557 and 57,558
(7) Motion For Continuance in 1847.
(8) " " ~' in 1847B
(9) Defendant's Election As To Punishment in 57,557 & 57,558.
(10) Complaint & Affidavit For Arrest in 1847 (Aggravated Sexual Assault).
(11) Two-page Waiver OfRight To Formal Discovery And Request For Infor·mal
Discovery -which Waiver I later abandoned (with Kimball's agreement).
(12) Indictment in 57558 (with my observations regarding its defects)
(13) " "57557
(14) my rough-out of a bench warranf(to get Tom back from the San Antonio
Dominguez Unit
(15) my type-writer prepared bench warrant (which never was filed).
(16) Kimball's (filed) Bench Warrant.
(17) Photostats ofUS. & Texas' constitutional Double Jeopardy provisions (the only
research I kept, as all else would have been incorporated into pretrial motions)
(18) Defendant's [15 page] Omnibus Pre-Trial Motion as filed 8-17-05
(J9) " [18 page] Amended Omnibus Pre-Trial Motion as filed 9-20-05,
this copy of which contains my Hearing notations.
•• (20) The Clerk's copy of said motion, with the Court's (Hearing) notations.
(21) The March 6w., 2006 report of the Vernon Campus Texas Dept. of State &
Health Services ChiefPsychiatrist, Dr. Joseph Black, M.D., finding Thomas
CO:tv.!PETENT to stand trial, sening out the medications he was on,
diagnosing him as "Malingering" and explaining - as verified by Thomas'
writings (supra) - that the patient was "feigning ... mental illness" (see
Paragraph 3 on page 4 of the five page report).
(22) the March gth 2006 Bench Warrant of Thomas back from Vernon.
(23) my "Defendant's Court-Directed Motion For A Sening On A Previously
Unheard [actually un-ruled upon] Pre-Trial Motion", as filed 9-19-06.
(24) my application for a subpoena of District Attorney Henry Garza (along with
notation of my agreement to quashing said subpoena in exchange for the
State's agreement to deletion of the scarlet words "Of A Child" from the
Caption of the Indictment), stapled together with the State's Motion To
Quash Subpoena.
(25) the bench warrant for Tammy Bishop, issued 9-27-06
(26) Motion For Continuance in Cause Numbers 57557 & 57558 (complaining
of non-compliance by the State with prior court rulings).
(27) a l 0-24-05 (belatedly furnished) print-out of Kevin May's cholesterol-prescription
(Tom's identification of the pills he said the kids were crushing up and snorting,
to wit, "methylphenidate" - see above item #7 (2l)'s "How were we tO know"
page - might indicate that Mr. Mays had an ADHD condition/prescription; but
Tom's "AZO 36" observation would have to have been incorrect.)
Receipt-Page 4 of 6
•
·-- (28) the "Notice Ofintent To Use (hospital blood records*] to prove that the boys had
been given Methamphetamine. *: Those records- filed with the Court Clerk-
augmen~ t~e A~davit For Arrest ("the children 'tested positive for meth .... ").
(29) the State s Not1ce Of Other Crimes, Wrongs or Acts".
(30) the State's Witness List (for case-in-chief).
(31) a 2-8-05 Transmission Verification Report reO.ecting mv having sent Bob Outten
(the Beeville, Texas alcohol & drug counselor who I hired to interview Thomas
and prepare Bob's jury-defense~testimony, SUPRA) twenty one (21) pages o(
[actual background on cause #s 57557 & 57558.
(32) a large envelope dated Mar. 14, 2005, repeatedly stamped "Privileged", addressed
to Mr. Thomas Carr in cell #304 I changed by Jail personnel to cell 328, and
containing a lengthy letter (with exhibits) TO State Bar Senior Investigator
J.M.Richards and FROM Ted Potter's grievance attorney, Austin's Jerry Zunker
(3 3) a 3-7-05 Adjudication of Guilt; Sentence To State Jail Dlv, TDCJ in Cause
#53430, wherein Tom had previously been probated on a 4-25-02 Possess[on of
Marijuana Over Four Ounces and Less Than five Pounds, and now (3-4-05) was
pleading True only to the "tested positive" allegations of a "Second !Viotion To
·-
Adjudicate", with the State abandoning all other allegations (i.e., those relating
to the offenses set out in 57557 & 57558).
(34) the above mentioned (1-31-05) "Second Motion To Adjudicate".
(3 5) Various (together stapled) Cause #53430 setting notices, respectively dated
l-21-05, l-27-05, 2-22-05 and 3-1-05 (on which latter notice I recorded that on
3-4-05 Defendant pled True to paragraphs D, E, & F {of said 2"d MIA}, 1-11ith
paragraphs A. B. C & G be;ng abandonecj)
(36) the (8-17-04) First Amended Motion To Adjudicate in 53430.
(3 7) my ( 1-20-05) Motion To Substitute Counsel in 53430.
(38) the County Attorney's ''Motion To Dismiss" & County Court at Law Judge's
3-16-05 Order dismissing Cause No. 2C04,-05521, stapled together with three (3)
preceding Agreed Motion(s) For Continuance
(39) the County Attorney Office's l-18-05 two-page DISCOVERY for said 2C04-0552l
(40) County Attorney Richard Miller's Cause #2C04-0552llNFORMATION charging
Thomas Carr with Marihuana Possession Less Than 2 (two) Ounces, stapled
together with Harker Heights P.D. Detective Jerry Dogger's sworn Complaint and
probable cause affidavit AND ten additional pages of supporting Incident I
Investigation Report(s), Magistrate's Warning, AND Supplememal Reports(s) -
all together establishing that only marihuana was found upon execution
of the search warrant at Thomas's (Gerda's) residence, and that there never was
any seizure of methamphetamine, hence nothing to submit to a lab.
Receipt-Page 5 of 6
---·.
e
(41) my 1-18-05 Motion To Substitute Counsel in said Cause 2C04-0552I
(42) a 35 page ACLU "Prison & Jail Accountability Project" 2003-2004 Prisoner
Resource Guide that Thomas Carr wanted me to consult in regards to taking
legal action about his medical complaints
ADDENDUM: The foregoing documents are what currently comprises my
file on Thomas Raymond Carr and are additional to those filed with my April 1ot~>,
2013 "Court-Ordered Affidavit .... ". For example, I apparently filed therein the
original - keeping no copy - of Thomas's 12-31-061etter (therein denominated
"Exhibit Five"); and there may be other such instances.
As for the accuracy of those comments herein whereby I did you the courtesy
of alluding to the significance to me of any given document herewith provided, it
must be borne in mind that the case is nine years old, my memory may be wr·ong
due to the passage of time; and your (Timothy Tesch's) signature hereon will NOT
be taken as indicating agreement with my conclusions. You are merely confirming
receipt of each of the foregoing documents .
•• Receipt of the Foregoing is hereby acknowledged by signatures of the undersigned.
EXECUTED June~h, 2014 by ~ !7&£::~
MEDFO ~Agenr or
SHAIN A and
subject to inspection by Timothy Tesch
EXECUTED June_, 2014 by
ATTORNEY, TIMOTHY TESCH
(SBOT # 19808200)
Attorney for Thomas Raymond Carr
Receipt-Page 6 of 6
NOTHING HERE. FOLLOWS
•
Exhibit 14
•
VVUULC JCV,....AKU)'
Bill of Rights
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of war or public danger;
nor shall any person be subject for the same offense to be twice put in jeopardy of life or
limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of taw;
nor shall private property be taken for public use, without just compensation.
The
BILL OF RIGHTS
-DOUBLE JEOPARDY
No person, for the same offense, shall be twice put injeopardy of life or liberty, nor shall a
person be again put upon trial for the same offense, after a verdict of not guilty in a court of
• ·urisd· ·
No per.soA' for the same offense. shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same
offense, after a verdict of not guilty in a court of competent jurisdiction
Art. 1.10. [8) [9] Jeopardy
No person for the same offense shall be twice put in jeopardy of
life or liberty; nor shall a person be again put upon trial for the
same offense, after a verdict of not guilty in a court of competent
jurisdiction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
\
Art. 21.13. [407] [463) [451) Act with intent to commit an offense
An indictment for an act done with intent to commit some other
offense may charge in general terms the commission of such act with
I
intent to commit such other offense. I
~'
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan: 1, 1966
Art. 21.24. (417; 408a] (481] [4691 Joinder of certain offenses
_ _ _ ---~~~ v.L.Lc:u::>t:::> may oe JOlned in a single indictment,
information, or complaint, with each offense stated in a separate
count, if the offenses arise out of the same criminal episode, as
defined in Chapter 3 of the Penal Code.
(b) A count may contain as many separate paragraphs charging the
sarne offense as necessary, but no paragraph may charge more than one
offense.
(c) A count is sufficient if any one of its paragraphs is
sufficient. An indictment, information, or complaint is sufficient
if any one of its counts is sufficient.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff.
Jan. L 1974.
• l
,qq
••
·Exhibit 15
•
BELL COUNTY
District Court Coordinator 1~~~ lllllllllnlllmllllllUl
•
57557
Post Office Box 324
Belton, Texas 76513-0324
(254) 933-5246 Fax: (254) 933·5990
1·800-460·2355 ext. 5246
March 24, 2006
CHARLES MONTY MONTGOMERY
4400 SEVEN COVES ROAD
TEMPLE, TX 76502
Re; 57557
-1- !1 7 s-s- ~ (ft'~,..;; 'fd ;u,..;.,~}"' fl
11mm ~IIIIUI ~~~~~ mtm l~llltllllllll
I30CJ!Jl'ITL
Exhibit 16
•
c:\users\a~nugnes\local settrngs\temp\76868993.tif printed by mi'iap. (Page 1 of 2)
_ -·· DIII-I L
.Scanned by ALBERTS ANDREA l jn fac111tv MIPDLETON on 02/02/2007 08:51
PJ 1·-flz_
• --,.--HAM~~;;;-:---- 7"~:;,;;--~-- 7(.
~
STATE 101
TEXAS UNiFORM HEALTH STATUS UPDATE
~
~fTDCJI_i.j.I...J/t....X,_'f...~..:.··.~o..c{)::.,___ _ _ _ _ _ _ _
~
RACE:Wbde
f
oos:oL&IMAce~
(L./0 ~) )
v
SJ:X; Male6;._ Female _ _
WT: ~' :HT: s:..1.:,''
II. CURRENT/CHRONIC HEAlTH PROBLEMS
A. Health Problems · Ut .SPECIAL ,.EEDS. CCheck aU that apply)
A. Housh~.S Restrictions
_ 1. Nona
_ 2. Asthma -41.None
_2. Stilled NuniAg Facility
_ 3. Pregnancy _. 3, Extended C.,. Fadllty
_ 4. Dental Prlortty _4. Paycha.tric lnp~~tlent FacJIIty
- 5. Dfabebts _5. ~ Jaoll!tfon
_ 6. DrvgAbUH _ I . Other:
_7.Aicohollem
_ 8. Orthopedic Problems
B. Tra~tJon
_ 9. Cardiovascular/Heart Trouble 1. R~tlne
_10. SulcldaJ • CrutchM/Cane
11. Mental Retardation - 3. Ambulance
::,[12. Mentalllln~tSS (Specify diagnosis)·--- - 4. WheelchaJnWheek:hair Van
Dt~)ltN
_13. Recent urgery -5. ProstheS!.: - - - - - -
14. Seizures C. Pendblg Spe~ Clinic Appolr•tment
-15. Dialysis
X 16. Hypertension Non•. --A-
Typ. - - - - - -
_17. CARE System YIN 0. ALLERGIES----------
~OTE: WIHtn screening subStance abuse facility. clhmts,
please cont.tct the TDCJ-IC> Health S81Vices Uaison et ~KA
(131)437-3SIJ9 for cltent:a with •ny chroniC disease ~:.._..._ _ _ _ _ _ _ _ _ __
S)'JftPfOnts deemed unstable.
• B. PrevantJva Madlcina
X 1. T~uloels Status
H J~ (!.... NM IJ3'""ksf-
-c.~
Skin T~: Date Gtven: !J.Jl!J..I.i£ D!~M.Wt..J
_13. Recenturgery - 5 . Prostheata: - - - - - -
I
I
_14. Seizures C.· Pending Spe~ Clink: Appointment
15. Dialysis
I None --4-- T y p e - - - - - -
j X1s. Hypertanalon
_17. CARE System YIN 0. A L L E R G I E S - - - - - - - - - -
I ~OTE: ~ screening subStanCQ sbusa facility cllenta,
I p/Nse contact the TDCJ·ID Health SerYJces Us/son at
I {138)437-3649 tor clients with eny chroniC d/$ease
~~--------------
•
sympt»ms deemed unstable.
I
~ J~ NM '1..131~+
! B. PreventJve Medicine
X 1. Tubercadosls Status "<-C o-. ~ .
Skin T~t: Date Give ,/l.FJ!it D&tte Rea ·_. ''·:-~:- >: ·: : · : ·:_-:-.-: .....: ., .),
• 05\V
D5NS
i
' dextrose 5% solution
: (sometimes written as
'DsW)
'dextrose 5% in normal
'·• -··· ~' . .,.,.
~saline (0.9%)
j dispense as written (i.e., no•
D.A.W.
; generic substitution)
de ' B/C :disc ·
: ?:- '· .· ·_ ,.·· ·.:- :_). -:~_ ,.:~,~:,-~J;~!~~-tii~~:9~-,~$~~g7_ ,~ ._::~Wi~~~~. :~~~~~ ·.
dieb. alt. diebus alternis ; every other day
dil. :dilute
disp. _: dis~-~rsi?.I_e or dispense
div. , divide
dL deciliter
. dentur tales
d.t.d. : g:ive of such doses
. doses
•
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•
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·
-. . . -· :·m~&s:ive~~rphine
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distilled water
elix.
. elixir
e.m.p. , ex. modo
prescripto · as directed
emuls. • eruulsum . emulsion
et et :and
eod : every other day
ex aq ·ex aqua ·in water
fl., fld. ·fluid
ft. fiat · make; let it be made
g ;gram
<
gr ,gram .I
gtt(s) ·gutta( e) : drop(s)
H . hypodermic
h,hr . hora . hour
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: intradermal
·.-·-.-~· ·c:~::.=:o-···-.--·-···.-.·
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•
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kg . kilogram
• L.A.S .
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lin
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: linimentw:n
_liquor
label as such
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liniment
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lot. .lotion
MAE
.. . . ... _. Moves
~... All Extremities
~
mane •mane ·- .-~in the morning
M. misce :mix
- .. '· ~~··-
m,min · minimwn :a minimum
meg :Recommended replacement for ")..lg"
: rn1crogram
which may be confused with "mg"
. more dicto
m.d.u. · to be used as directed
: utendus
mEq _,_milliequivalent
mg \milligram
mg/dL ~ milligrams per deciliter
• mist.
mitte
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-~-
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..
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.... - .-.-
send
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:
'
nebu! ·nebula :a spray
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--~- -·- ----~ - .. . . ..
non rep. non repetatur : no repeats . . : . -
;, . ·~ .' ' ·'.. . ·. :' .' , A;M.i\.,s:tY-1~ avo~ds.4se ofth.is.
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, · .•.. ' ·.' .: .:-~- •••• ~.: .. y :.~. ·: ...... ~ :~ •..... ···~ •• -~·
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• l/2NS :half normal saline (0.45%)
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pulv. pulvis : powder
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PV . per vaginam
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q.d.s. four times a day
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• q.p.m.
q.h.
q.h.s.
· quaque die post: every day after noon or
·meridiem
. quaque hora
quaque hora
every everung
every hour
: every night at bedtime
somni
. -- ......
q.l h, q.l 0 every 1 hour; (can replace
: quaque 1 hora
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.. - ...
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SSRl
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stat . statim · immediately
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: suppositorium suppository
•
supp . . .. . .. . .. -~
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susp . suspenswn
syr • syrup!LS :. syrup
tab ; tabella 'tablet
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tal., t ·talus :such
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ter die
td.s./TDS . three times a day
• sumendum
top. ,:topical
__
T.P.N. : total parenteral nutrition
-)
tr, tine., tinct. ·tincture
troche troch.iscus · tozenge
tsp . teaspoon
•
oflO
ULL(J.//en.wUtan_d rrial.
Current Medic;~tlo~ UJc as f··J11cm. S¢r()Cf..Jel 8U0mg.\)0 q HS Enulupril 2Urn{; po 4 ANI
1\·k!Oprc]c)\ 50u:ll po L!ID pt.: HCTZ 2:1mg po q AM ECASI\ gr V po ev-:r~- ctr.o:.r ClYJil1L"15
\V~ :~.m now :equescing r.bat tho sheriff LJf yo~ county tr.m3pO:t '.h: defc:ncLmt to your court as soc~ us J:"l..5l:Jn e,,;.uc:; CR/03/"::''J
cc: Distr\::.1 A.t\Orne.y
•
.OefCD:lt: Attorney
Oistric1 Clerk
Sht;ri.£f
An Equal E:nploymenl Opportuniiy Employer
NT3H SP~UEE 1FFICE P 0:~3VJ;Ji
Rdc.JTaiJConsultation Report CARR 'ffiOMAS RAJ)'MO!.JD
•
BH1S # 2\7489
To be ccmpleccd wbcmevcr t1 sUindltfd MHRS for.n docs !lot provide OS- 14-67
adequ.ntc $pace for the rcqllin:d lht:!.
12-19-05
PROGRAM: SP.l:lUC:E
-------·--··----------:---
·-·---~-~· ------:--
REQ!.IEST: Reuson for Requested Cons'.Utatiou: Compctcn.;y Assessmcm1 Requited by Courti
'
------------·---;------
Rcque&ted Dstc.: i 02-02-06
~--
CONSULT Am: FINDINGS ANl? R:Ec'O'~-:;m ;&:rTONS:
Namo:: 1l1omos !Uymond Co.rr DOB: GS-14-67 Race:. Wh11~
•
\
DOA.; \l-19-Q~ HospiULI !1: 7808. C31JSt:. li: 57,5~7 & 57,5:58
Col:il..llllning Court: 2·7.UJ District Court of Bell Coucry P.cpurt Date; 0.2-27-0~
R:E.A..SON fOI\ AQMISSI\;,l~CASSESS~...a::NT: -Thotn.aS Raymond -Ga.rr is a JB nar old Whirb ma!c ;:~dJ:rmteo to it.bc
Muximllt;l·Secuiity Unit cifNorth Tal:lj; State Hospiml - Ve:moo Campus \l.Oder provisioos of Ai-ticjlc 46'B.D7J of the Tcix.Jv S?R.UCE
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L:S A..'nl_Y, while ~· .Un' was. in ~o ~o1rrth gnd.e. He bus i:od.ic:Jted !.hat be is ~blc :.o sp~ Grr-nn:r-f
lin.lc.is actually lmown concerning bis_.birth, eurly devoelopmcut.. or fumi!y_buc.kg:round. He .=efted liul.• te 'W!I)a~oi:k.r.cl
unc regording ,oial co.Jl;Jctcncy. lie!':;~
been obl~ to readily assi.m!.latc urut nJ.les iUld proc~~. br:: bn..~ been hem oo •he u:lcphocc rmk.i.ng Ct);u.n.izcd requcs!.S
when spe;\iong 10 his f;:.mlly, and he 1vru able to ro;:.'lll demils cor.cernl.ng the V(ay in wtuch in.lOn::rnal ,vn.r.cn !e~ts of t*'-"Rwl
compclctlCy Lr.fonnatioo. wc:i'c·adrUiniSteted to· ilm..'\!lohsc:rvanon by; uoJt Mental H~th Wor~is particulMly ~en::
"He seems to enjoy. tcivis gnmc:s, and ~bQWS kno~ledt:e in maiiY S\Jbjccts.'' lt. then fore Sc:qms more likely tMt llis
tcnaciotUiy ctmilcd:maoili.rY to.r.Ccnli compet.cncy.i.nformt~tion in fuct reDecli l:ick of a williogocS!i\
~ ~~~ this infurm.\'tion
Then: is no e'ricknce·suggestilig .that he i.s .mentally retarded, !WJ his use of VOCl!bul.ary ead ·hls ;fuciUty in ?~~ lW
:irgumcnt.s v.~ll!Gl su~O:sdti{li bis i.ot.c:UectUal. functiouing is in the !:Aw Avc:t11go r.mge. or perbnp~ c-•o::n !~ornr:w'bt hlfher
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J·Iis'judgemr:til and·lns~ilu·Die quc:s~i.lnable, howo:ver. \
VPD....AT@ Dld.,G]"Q~; (Pc:r )o~ph BlllCk. M.D .. art:;ndi.Dg pzychi;Ul'ist) i
MIB !: Mnlingering V65.2 \
"I:o.l:o:v]:!nmc;c)~opcndt:n;.e_, ;._Q:HP.. !
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P~yc~otic J?~~C!ro,~ ~9t OlhtJW'._o;c_Specificd 29~.9.
Ax.is n: Per,'opa.lj~· B)s~jdi=c.~ ·Not Otherwise: Specified 301.9
Axis W~Hypl'l!'tcnsion .40J.9
Hypit-ChQI~~Qieinia. 27.2.0
Hyp~rtriglyc~d~ll ~72.!
Obe~1.ty .278.00 ·
l:':;oriasis 696.1
Higll Rjsk Mcdiciltion V58.69
A." V. Glob;U .t-\sl!cSsttu:~t offu.'lctkm.in~ .
1. Ps~icbolog1caJ·Jmpa1nncni·- 65- Althougr. he cerntin·.lcs to co:-oplain of "uditory bil !lm:iiJariuus ~nd
:Jlr:JlJOI)'tlz.opllir'nint, lllerc is IinJc cvidr.:oce w ~Jppon th~c ..:lillns, Oli!d ill u.ny case \ba-: ~~ ue> ::-."idt:lJc~ l~r
unpaired fun.ctiorung JS.~ result. His. primary psrrllologic<~l -:ci.J::i~ i.ovolvo iwpwt:4 JUdD!JcnL ,.,,d !ns1/ih!·
Wd. D !IlJL"'.'oQally mapprcpriate, u.nd las l.ittl.;: undl!rstuad\ing of ~ow to
sympathi2i: or~~ ....aili cctlers. · · ;
:l. V\cl~e- 70 -~-To~··bave bc01 no acts of verb11l orphy:Jicalr:q~gJusioo d'.lril:.g h1S llt.a/ l.lm.
-4. .-.DUOccupation~l SKU\s- 65 - AJlhoug.b uc hn3 ;1 h:u1ted bislory of educllbcn;tl JJJ~ occupall01~Jl\
~rtlli.nr.o~t.,' cn~·e:ue lJ~ chvi'6U3 barriers 1.9 him k.cg ublc to waim."lin [!:job ll.Dd livt: iimlcpr.Jtdt:Ue.,.
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.'1' H ~: - : • ~ · c .I u t: 1 liJ .1 rt .• 1. • ; • :. I'J Nl :_"Itt ) r ..:I.J:_t .ltf"li_:
Continuation Form CARR TifOMAS RAYMOND 656
BillS H217489
• Dared: 02-27·06 og..I4-61 W!V(
12·19·05 F07808
To bo: co~plcted wh~evc:r
a stand:u-d MHRS form does llOL prOVJdr;
PROOJVIM: SPRU.robl~ ·-· 4D :- Majci.r.preblcms with r.he tow lis c\ridcocod by·his bov~ beCD found
incowPG-t!:Ut to sta.r:Jd trial. ·
Global ~SC'.SSmt:mt ofF.unctioo.ing • Equivalent" {Su"bscalcs #J.,-#2+·#3-tl/.4) + 4 • 65
.Highest GAF- EquiYall:nt P~ Yea.r Ul.l.knoWil
~ COMPETEtlCY ASSESSMENT: A:J has ~ not~:d above, Mr. C1UT refused to i'~ticipate in an inr.crvj'w
-:onccrning this infon:ri~oC. aid it' has be= necessary to mako Lnfa"l:llces fr.iill mtt:nic:ots he bru tnacc tc othm, and from
his be~vior.:Th~·'·i?~owi,ng ¥o~~~on.!5. or$D.J*.ed ac:cordin!J to the slxsl'~::ific ~that aro mapc!nied 4"1 be n~d in
Article 46B.ofthe TcxOS"·CodC.~f Criminal Procedure. ·
i
) . Capacity. to 'UndeT'!rtUnd 'tbo· Ghar2es -Rnd··P.otentinl Conseaucncen:lr~Pendin:. <;rlml~al:;rr,.cEedin!!J!: When
' mcctlilg with his_ a:r!~cpt.:~' ~Oritl1'\is.o~:.:t6:.()6.'.Mr~·can: hes,bci:n n15fc·to'ac~tdy ~te jth~ clinrgcs tliat he faces.
AlU1ough_ b~. d,:m~ .~d~tin~g.·:~. m·~ ?f these:. charges, .it Is ·intcrarlng that; "fh~ interviewed by the
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trescincnt team S\)Ciul. W.oiker.oo.\:)Ot!g ~his l!dznissio~ here, be wss able:~ ~~~·~e de!.iill.s of•.he i:lw rcgardlng
npl'i;or.clwge ~~he f~ I(woj.ild·. th~~J:9 5c:cro ~ordikcly m~t; ro~a.~ .~:wici:ilt:J:to· \Uld~d the ciJ.amc
be f;st:C!S,he is iofnct simply uo,~S to reyeaJ·~s.inf.o~ation. F.lll1hc;rypor.C, ,the·l~ be ~1S,gonc to'i.ri att~p!Wg
· t~?,_S9;J.:d!cc-s!a.ff tl~tJ1c, h~..p~~hlatiic: dcficiLL£1 !ruffi.oi~~ ;_sqcrity. Jf!~~- ~~~lt;~~qr;~'Staod ..~ .~J~~ .
. irifonniuiori.per.oinlog to,.Cri~.~owps:u::ncy W!J.uld. imply some'.uodcr:st~W.ding. of;the.'sc:v~tyj of the ccnsequc:oces' oe
rri.lgbt:fuci::;i£cox1Yid~O:· · .... ·· · · · ·· ··:: .... · · ·
2. ·C.Hpacitt_to Di.!lclcN,,.P.~r.tincnt. :F:.acll,. Events; :~nd .S.inte• Df.·Mjnd-.tQ Coun!el; Wb:n bc:j wa.'l. intm1cwed by Dr
P\ijtU~~'.prior"Ui .'Dt.Ing;·s:n~ 't:o.•\hi4.rtiicili'\y, MJ. em wa:u;;&d:Jy, abl~ .toJdeDtifY. rbc llttomey vf r'cco;rj by me. He
ilPPare.1dy ~pressCd.ccm.Sidc:rnqlc.dllsatisfaction With,l'li~ lawy~.·.aud in¢c-.ateo ws desiiC llhhave cuiot.ber nttorney
' '. '· • ' I' ' ' ' · " •'' I'. ''" ' • ~"· •· •·· ,.. '' · ' · ' ' ' ' '
ttppoiftcd to ~men~·h.\*-t.lt is :~otewor.thy that be 11:\s bec::n'uble.. to rev.Ca.l r:~c:V:wt info~tion to mcmbt:n of·bb
treatment :c:l!IIl·wheu: it hB.:I mited his ends to co so. This .would .s\Jgge'st.Lhlit lie would be t~bl~ to provide his attorney
Wi'Lli.rclevunt' liS viic:u; ~houlcfhe cbooec 10 do so.
. '.Uifoimatico,
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J. CapaCity to Engage i.n 0. Reu•uned'Choleg of-legal StrateJ!,Iell nnd:Optlons: He !10$ rcpcilt¢;.ily insisu:J l;e i.~ Ul1.8.blc:
to recull,O\'en o~jo·ilif"?~~-~~~ng'tQ t1inl c::~~?,~teney. ';ll.h'iie ~ee~ Witb~ ttcatrD~lt' team on 02-23-06, for
C'\nmplc, he ~hib~ted c~ps~deteblc diffic~ty III namwg oilly ;hrcc o! the fo~. po6.Eii!:Jle ple~led be was
·*
uo.cc:rtllio a!lltJ lhcil·.mcacirigs. His.performancc on infonn:U wriwm u:sm of fui::tuk.l eomp~y inform:ltion !:!..8! ;Wo
been qui~ p()orJn ~ct, his ·.scon:S have beef so low thai it is ~ more
likely ·he kf?o·N8· 'tlit corm:t IUlS'Ntrli \0 the
questions, aorl 'l.lt.s mstea\~ i~liQnally Jm!vidCd incorre.~;t rui~wen;;. It apPears that be been fc:lgmog Mdlor
C';\aggcrutiD.g wymptcm.s of.m~.i}J,n!'Ss .. !::.or~er to a~!d _pro~~li.u~.f~rt!!~ c!Jt.rgc:$-l;hPt be CJ,IlTCnll)' faCd, a
coc~llui.~n·.·~~fw!Jf ·w~ tile~ P.F .~~b-p.itY.' SOOfl in ·1iis cl~~. ~op;· ~,~enti! ~ii his .Mleged ~sych :ltic .
sym1=~IJ7S (Le., :C.IW'ing voice$), Some cow OQve tnl.Ct'pn:tcrl tl!c: usc of such' ao'11ppr0m;h ·~ !fPro;cnting a di.~rinc;ivc
kr.al str.itcQ'.
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Sif:%1<\tll!~. Dote, !U'ld Ti.mt: B. Thor~1 <.'1;.;;-j., Ph.D., AS?P
D: QSfBTG T: 05f\cl.kistcuo C: 02·26-06 C:'l.ld Psrcbolol~t. Cnmp. Uru:
R: 05@ AM ry !Ja.nci Ccrr. Faru: r:
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No C6ntinuial.lon of ~.nms :H 7
Pnge 4 of5 L__i
CuntinQntion Form .· CARR TIJOMAS RA '{lv10ND
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Bt-US#217<189
08:14-67 WM
Dated: 01·27-06
l2-19·0~ F07808
To be completed whc.ncv=r a slalldard MHRS form does not provide l'ROGRAM:
ndequatc·spacc for tbQ req\lired lc to p~c:nt argumc:n~ to hilve mcQicotl_oru clwlg~;d, ;md to iltl=IDPt !1~ b.:lvc hi:! level in
the unit, privileging ·sys\.Cm incn::a~d. He hos therefore dcmoDStrated il!l libp.ity iO rC~pcrod 1.4> cpJestions approprie1CJy
wbc:n he cho_oses to dci so.
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SVMMA'RY...Al:£Q...MCOMME'JIIDATIQNS: .1: is my cli.flicill.opitlion, With a ~ooable degree ~f p!fycbologicul certninr:y,
t..'"'at Tho~D~C~ Raymond .Carr currently mteta criicrils to be couiidei'ed Compcteut to Stimd· 'jrrlii. T~ is b~~.Sed '>n
1.11formation oi:!Ulillea· f'rol:lt· ay~aqlc. rei:-ords.from lJ'eoun.ent ~ mc:i:n~ers.·.lllld from the ob,;~tions of direct CllJ"e gWf
on the: WxiL Mr.:cm qoa .ii'qt appear 10 mec:t crileria·to be <;onsidered:tl:ientllj.ly n:t3rt!ed; bMed.~~ bis usc cfbnglla.gc.and
.. tis ~" :)1ry_ip_ tw.~.. lllll~gt:$.. Jlc._ !:!_ .riE!'.~fi~Y. su'pili:r:c~~--fl-~poutic .. en~-t?.Qlllc:.!!t. Uivo lvi~'l!l~~:-cf-pJY.S!!~ctivc
~cqcatioas.Jt i& 1.1l1Cl~ ~¥,lher lhese m::dic~tiO_TlS aJ'!! essencil\l· for him to ~~ txilti competency; tl:.ey do r.ot ;::p?,el\1'
\O uad'Uly impact tlli e:aPacit)"-tb particip!ltilc his o~n dcfcil$0. ·It •.voUld he helpful ior huu ro\bave a,;r.c~s to. ongoing
peycbiatric :::are, !t iJ; quite importnnt that. lie: cik.c p;e.scnbed mcdieatioo., or ncqvitics in a. dcspcr11,tc attc~pt io uppeni' tnt:l~lly iJJ )0 Q.'; to CO:ll!DUC
avoidiug ·th~ consequC:lces of ~-'charges be cum:ot.ly fuces. This concc:ivably cou;d include gos:u.res or ~ven ?uoi~t
lttenlpts JO hnrtn hiriiSeli. '!t is'tlierefore
recommendid'ctm he be clos~ly mo.nitored. :
This r=-port 3ddtt:sscs is~Jcs of compc:c:nc:y oaly, and .is not a· dangeroUSlleSS rule: assessrncn~ lf the: ·.ourt dc~.-u.S i1
appropriate, a qua.l.i.fi~ profcssionlll shoulc be contncl.ed te .perform such an ~vlllUQtion.
lt is recogr.Ucd that eccisions cooccrnillg trial compctcucy are mo.dc by R judgo andlor jury, lllid nn1 l.•y m~cCll betl.l;h
professionuls. Coiuequcmtly, opinioo.s ~rated in the ;ontcxt of this report~ otfmd as ndvisury oaJY:.
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U1lc
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B. Th0mlt.q Gr1iy, Ph.D., ·AllPP
D: 05/B TG T: 05/tdklstcno C: m-26-IJ~> C:h.iefPb'jr.:l:JOlngi.!H, Comp. Unli
P..: 05@ _1\M by hand Core Form \rl y,~~ Contin~Lion of MTIRS J- I 7
P;1g~ 5 0[5 '-'
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• Exhibit 20
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DEFENDANT ~ISBOP, TAMMY ll1Cif1tl1.E RACE _ _ P
W_ SEX _____ 07-1SL74
DKWB ______ +[--~--
' •~ ' 0. A. NO. _ _04~-~9~2~1--~-- CHARGE - DKLIVDY OP A COtmlOLLED SUBSTABCE 1'0 MIHOR 1
DATE FII.ED: _ __,Q~7..;..-,e,13:.-Q-=4"'----- FlUNG AGENCY:_.;;;;;BSP.=:U:::._ _ _ _ _ _ _ _ __ CAUSE N0: _ _ _ _ _ _- - 1 - - -
COMPl.AINANTMCTlN: -'S'U~~D~.!!:!O~J'-'TUAS~~~--__:_~---------- OFFENSE N0:_0_4-0
__ 18_4_7_-+~--
CO.DE!FENDANT(S}: "DATE OF OFFENSE: 06-19 4
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
BEFORE ME: the undersigned authority, on this tne _ _ _ m____ day o f - - - - -,.JUL~L!:~----· A.O., 20c::0:..:4_+---
t ...
personally appeared _ _ _ _ _ _ _MlltE
_ _- SIMMORS
:---- - -------------'-----------t--who,
atter being by me duty swam, on oath deposes and says: 1baf r ha'R ·good reason to b&lleY9 that_ heretofore, -to wit an or a out the
l9'rll -- day of J1JliE . A.D., 2~ , and before the rnaldng and ~~~ of this
Complaint, in the County of Bell, the State of Texas
TAIII« HICRII.t.R BIIBOP
did then and there laiDViD81Y deliver a concroUed Rbst.aa.ce co wic:
Metbaaphetamines to Judd May, a child leas tban 18 years of qe
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against the peace and dignity of the State.
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AFFIDAVIT FOR ARREST
STATE OF TEXAS }
COUNTY OF BELL }
COMES NOW THE UNDERSIGNED AFFIANT, A PEACE OFFICER UNDER THE LAWS OF THE STATE OF
TEXAS, AFTER HAVING BEEN DULY SWORN ON OATil, WHO DEPOSES AND SAYS lliAT I HAVE GOOD
REASON TO BELIEVE AND DO BELIEVE THAT TAMMY MICHELLE BISHOP HAS COMMITI'ED THE OFFENSE
OF DELlVER.Y OF A CONTROLLED SUBSTANCE TO A MINOR AS CHARGED IN THE COMPLAINT TO WHICH
TIUS AFFIDAVIT IS ATIACHED AND TIIAT MY BELIEF IN THE FOREGOING IS BASED ON TilE FOLLOWING
INFORMATION.
I AM A CERTIFIED POUCE OFFICER UNDER 1HE LAWS OF THE STATE OF TEXAS CURRENTLY
EMPLOYED BY 'IHE HARKER HEIGJITS POUCE DEPARTMENT AS A DETECTIVE. PURSUANT TO MY DUTIES
AS A DETEcnvE, 1 HAVE BEEN ASSIGNED THE INVESTIGATioN Of A REPORT OF DEUVERY OF A
CONTROLLED SUBSTANCE TO A MINOR IN WHICH 1HE SUSPECI'S NAME IS TAMMY MICHELLE BISHOP.
I HAVE READ THE STATEMENT OF J M WHO lS 16 YEARS OLD. HE REPORTS THAT THE
SUSPECTS, THOMAS CARR AND TAMMY BISHOP, CAME OVER TO HIS HOME IN HARKER HElGJUS, BELL
COUN1Y, TEXAS ON JUNE 19,2004, WITH MARIHUANA AND METilAMPHETAMINE. JERRlD AND HIS 1WO 14
YEAR OLD FRIENDS WERE GIVEN METHAMPHETAMINE, BY INJEcnON, BY TiiOMAS CARR. I HAVE SPOKEN
TO TAMMY BISHOP, WHO GAVE A VOLUNTARY STATEMENT IN WHICH SHE ADMITS TO INGESTING
METHAMPHETAMINE Wl1ll THE 1HREE JUVENILES, WHICH SHE AND CARR BROUOHT TO TilE RESIDENCE. I
HAVE ALSO REVIEWED A VIDEOTAPE IN WHICH TIIE THREE JUVENILES, CARR AND BISHOP ALL REFER TO
DRUG USE, AND IT IS APPARENT, BASED ON MY TR.AlNlNG AND EXPERIENCE.AS A POUCE OFFlCE.R, THAT
ALL TIIREE JWENILES ARE INTOXICATED. I HAVE BEEN MADE AWARE THROUGH MY INVESTIGATION
11iAT ONE OF TilE 14 YEAR OLDS HAD A BAD REACflON TO THE DRUGS AND WAS TREATED AT A LOCAL
HOSPITAL. I HAVE BEEN FURTHER INFORMED BY THE PARENTS OF ALL THREE JUVENILES 11iAT THE
CIDLDREN TESTED POSrTIVE FOR ME'IHAMPHETAMINE.
WHEREFORE, PREMISES CONSIDERED, YOUR AFPIANT REQUESTS THAT A WARRANT OF ARREST
ISSUE FOR TAMMY MICHELLE BISH.OP FOR TilE FELONY OFFENSE OF DELIVERY OF A CONTROLLED
SUBSTANCE TO A MINOR.
. ~=J3_
Sworn to and subscribed before me by the above named Affiant, a aedible person, this the day of ~j!1
2004.
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(lJ:!Jr! r~-~
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IIIIIIVII~JIIIII
JUSTICE OF THE P
PRECINCT NO.
BELL COUNTY,
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Exhibit 21
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D.A.N0.-----'-~-----7~;.:.::- ..::: •.
J.
SEX -11-- Q/018 fa/l.ffif
---l.-.~l..,/'liiiiiD~/,_.85g.._--- AUNG AGt:NCY:_;--~·~------- CAUSE NO:
COMPLAmANT~M:~sa.~~~~C~II•B5-------------------------------- OFFENSE NO:_a.+y-"'~..,t.f~=+---,--­
CG-DEfENDAHT(S): DATE OF OFFENSE: 87/MIM
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
BEFORE ME, the undersigned authority, on thls the _ _.,._.,_~----- day ofJ::Uili.II-·J--------· A.D., 20 85
personally appeared _ _ _ _ _ __&....JDI• •L__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ who,
after being by me duly swom, on oatil deposes and says: That I have good .reason to believe that heretofore, to Wit: on or abOut the
- -....•-•---~-- c.1ay ot_ :r._.u.~nl-4a~.
_.._ _ _ _ , A.D., 20 M , and before the making and filing ~ this
Complaint, in the County of Bell, the State of Texas
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against the peace and dlgnlty of the State.
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AffiDAVIT FOR ARREST
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STATE OF TEXAS }
COUNTY OF BELL } i
COMES NOW THE UNDERSIGNED AFFIANT, A PEACE OFFICER UNDER THE LAWS OF THE STATE OF
TEXAS, AFTER HAVING BEEN DULY SWORN ON OAlll, WHO DEPOSES AND SAYS TIIAT I HAVE GOOD
REASON TO BELIEVE AND DO BELIEVE THAT THOMAS RAYMOND CARR. HAS COMMITTED THE OFFENSE
OF AGGRAVATED SEXUAL ASSAULT OF A CHILO AS CHARGED IN THE COMPLAINT TO WHICH THIS
AFFIDAVIT IS ATTACHED AND THAT MY BEUEF IN THE FOREGOING IS BASED ON THE FOLLOWING
INFORMATION.
I AM A CERTIFIED POUCE OFFICER UNDER THE LAWS OF ntE STATE OF TEXAS t.'UAAENTLY
EMPLOYED BY THE BELL COUNTY DISTRICT AlTORNEY AS AN INVESTIGATOR. PURSUANT TO MY DUTIES
AS AN INVESTIGATOR, 1 HAVE BEEN ASSIGNED THE INVESTIGATION OF A REPORT OF AGGRAVATED
SEXUAL ASSAULT Of A CHILD IN WHICH THE SUSPECrS NAME IS THOMAS RAYMOND CARR, AND TilE
VICTIM'S NAME IS TOM VICTOR.
'TOM VICTOR,(A ~NYM) , . JlTS :r4f.E
IS 16 YEARS OLD HE FURTilER REPORTS ntAT THE . ,,;
SUSPE{j1 ON JUNE ~. IN · '. 1UM - •· / AITER TIIAT, THE SUSPECT
'VIDEOTAPED WE VlCilM WHILE THE VICTIM WAS BEING ANALLY PEN TED BY A "STRAP ON DILDO"
WORN BY TAMMY BISHOP. l HAVE REVIEWED THE STATEMENT OF TAMMYJ!ISHOiif WHICH cbNFJRMSj.
THAT THIS HAPPENED IN HARKER HEIGHTS, BELL COUNTY, TEXAS, AND JllA.T. IN FACTt tHE SUSPECt{
~-INJEC"I'FJ)jrwo OTHER 14 YEAR OLD BOYS WI1H METHAMPHETAMujJt AND THAT SHE ALSO ANALLY
"J5tNifRX'TED 'lliOSE BOYS WITH THE SAME DEVICE. J,..UAVE REVIEWED AmVlDEOTAPE SHOWING THE·.·;
.1\NAL PENETRATION Of' THE VICTIM BWSUSPECT TAMMfilSH?i( AND IS RAmER APPARENT THAT
'fiiOM,t.S cAiif"rs DIRECTING AND ~EOTAP~G ll{lfAcnONS Q.f A~ ~E~~ ~L~ IS ALSO
APPARENT THAT THE BOYS INVOLVED ARE HESITANT, Btrr AT ONE POfNL • US· , • . TENS
M · tf_ · · :rs· nRFORM E .H ifrHB SUSPECT,, IF OT AL R .
ANAL.JNTER.J . THE S,USPECT IS SEEN, BRIEFLY, ARIN'~L..I-'··rvl~! 1
d:< \.__,:. ;11/21/2006JCPL 30 YEARS TDCJ;ID -\· ,\( ..\. :Docket I n
\'.:- l11/21/2006\PG 30 YEARS TDCJ;ID w\~V . f'l\;:_t~ jDocket
/f . .. :-._ _ _ _ _ _ _ _..:..__--+--'------ .• ~~ -~~i·
'· ,. j_~
112212006 JFILE CERTIFICATE OF THUMBPRINT !Docket
. ~' .- t,· I 111/22/06
\'-...... '.;. .~~-------.~- ~· I
· / ~,FILE TRIAL COURT'S CERTIFICATE t;)F
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•
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/5/MJT 11/21/06
--------------·----------------------------~·------
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: !SIGNING WRIT 11.07 11/20/2012;SENT NEW !Docket
! !APPLICATION . ' I
fCOPY OF LETTER FROM CLERK'S OFFICE ;-----~--~---
'
.12/11/2012!TODEFENDANT REGARDING RETURNING !Docket •• i
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!WRIT-NON COMPLIANT 12/11/12 I
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:o1/02/20131FILED POST-WRIT; TO DA 01/02/13; DUE .. 1.
:Docket
i \FROM DA 02106/13
!-----.------ i
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0110212013 1POST·WRIT TO AUSTIN 05/23/13 BY lOocket
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!01/02/2013 !POST-WRIT DISP - D I S M I S S E D ):_D_o_c-ke-t--~ /
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0111612013
!STATE'S ANSWER BY SEAN PROCTOR~-.. -r-----~~ !Docket 1
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: \COPY OF LETTER FROM SEAN PROCTOR \!Docket ;, , I!
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!COPY OF LETTER FROM SEAN PROCTOR :__---~r--!
'01/24/2013!TO DEFENDANT REGARDING COPIES ·oocket : " ! j
-------
',1/22/13 l~----iI
i01/24/2013iSTATE'S SUPPLEMENTAL ANSWER 1/22/13 !Docket ! " 1 \
l !;DESIGNATION OF ISSUES & ORDER I I
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0112412013
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, \TRUDO 1/23/13;COPY TO BETTY YOUNG & \',.
1
: \SEAN PROCTOR . .1_ __
:coPY OF LETTER FROM ASSISTANT - - - - . - - ,1 I
\ \DISTRICT ATTORNEY SEAN PROCTOR TO !Docket .. !
1°112512013 iATTORNEY CHARLES MONTGOMERY
· i o 1 t 2 5 / 2 0 1 3 i __ ~ -j
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- - - - IORIGINIAL & TWO COPIES OF REPORTER'S : i
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101/29/2013\RECORD BY BETTY YOUNG FILED ;Docket ; " l
\1129/13;0NE COPY TO SEAN PROCTOR ~-~
-.----~COPY OF LETTER FROM ASSISTANT
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\DEFENDANT 01/29/2013 ~~---~
-:-.---!DEBBIE STURTEVANT CHECKED OUT WRIT !Docket ~~ i
\,_ 0310412013 iiFILE 03/0_4~/=2:....01:....3:.:.._____________ _ _ ' l
. 1cOPY.OF LETTER FROM ASSISTANT
l03/06/20131DISTRICT ATTORNEY SEAN PROCTOR TO
-
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• 0311112013 I
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i !COPY OF LETTER FROM SEAN PROCTOR Docket
!03/11/2013tTo LOWERY T. CARR IN REGARDS TO
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EXHIBITS WE RECEIVED 03/1112013
·--··- ----- .
04 i 10,. 2013 COURT-ORDERED AFFIDAVIT BY CHARLES
MONTY MONTGOMERY 04/10/2013 Docket
-. . ·--
04/12/2013 LETTER TO DEFENDANT FROM SEAN
Docket
PROCTORREGARDING AFFIDAVIT 4!11/13
04i 1212013 SEAN PROCTOR CHECKED OUT WRIT FILE
04/12/2013 Docket
----· -· ---·
---- --···
--~ ··-·. ·- ---. --
04/30/2013 ATTORNEY TIMOTHY TESCH VIEWED FILE
INLOBBY 04/30/13 4:11PM Docket ..
---
05/01/2013 tlEBB'E CHECKED OUT WRIT FILE FOR
Docket
SEANPROCTOR 05i01113
FINDINGS OF FACT AND CONCLUSIONS OF
05/15/2013 LAW SIGNED BY JUDGE TRUDO Docket
05/15/13;MAILED COPY TO DEFENDANT
MOTION TO ENTER PROPOSED FINDINGS
05/15i2013 OF FACT AND CONCLUSIONS OF LAW BY Docket
SEAN PROCTOR 05!14/13
---- ·--~·-· -- ---~-- -·----- -----------·--
OSi15120 13 -COPY OF LETTER FROM SEAN PROCTOR Docket
TO DEFENDANT 05/14/13
RETURNED CERTIFIED GREEN CARD
05/30/2013 5/30/13;RECEtVEO BY ABEL ACOSTA Docket
5i24/13.CMRR: 7011 3500 0001 5214 0723
WHITE CARD fROM COURT OF CRIMINAL
05t'30/2013 APPEALS 5/30f13;WRIT RECEtVED & Docket
PRESENTED TO COURT 5124/13
.. -------- .... - . . ... - . -
LETTER FROM TIMOTHY TESCH LAW FIRM
07116/2013 REGARDING SUPPLEMENTAL APPLICATION Docket
FORWRIT OF HABEAS CORPUS 7!16/13
-·-------------------- -····----- --------------· .. -
MA\LED SUPPLEMENTAL RECORD TO
07/18/2013 AUSTIN 7/18113 BY CMRR: 7001 0360 0001 Docket
2135 9626
RETURNED CERTIFIED GREEN CARD
7/22/13;RECEIVED BY COURT OF CRIMINAL Docket
07/22/2013 APPEALS 7/19113. CMRR:7001 0360 0001
2135 9626
-------·- --- WHrfE--CARD FROM COURT OF CRIMINAL
APPEALS 9112i13;WRJT DISMISSED Docket
09/12/2013 WITHOUT WRITTEN ORDER FOR
.NON-COMPl.IANCE 9/11113
FILED posT-wRi=r, .:ro DA-o1:16J14; ouE Docket
•
01 1512014
/ FROM DA 02/19/14
---· .POST-WRIT TO--AUSTIN 01i31/14 BY Docket
01/15/2014 CMRR:7010 1670 0000 4848 9580
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01i15l2014 POST~WRIT DISP ·DENIED· 03126{14
•
.- ~-ockt~
COPY OF LETTER FROM SEAN PROCTOR
01/22/2014 TO ATTORNEY TIMOTHY TESCH Oockft
REGARD\NGCOPIES 1122/14 i
·- ·--·-·--1
01!22t2014:STATE'S ANSWER BY SEAN PROCTOR
Oock~t
1/22/14
FINDINGS OF FACT & CONCLUSIONS OF -+- 1
I
01 iJ0/ 2014 LAWSIGNED .JUDGE TRUDO 1t30i14;COPY Doeke,t
TOAPPLICANT (BY CMRR:
'70131 090000008887484)
. ··--. - ·-·· --· - ---. ----· II .
MOTION TO ENTER PROPOSED FINDINGS '
01/30/2014 OF FACT & CONCLUSIONS OF LAW BY Docke~
SEAN PROCTOR 1/29/14
COPY OF LETTER FROM SEAN PROCTOR
01/30/2014 TO ATTORNEY TIMOTHY TESCH Docket
REGARDING COPIES 1129/14
-----:
RETURNED CERTIFIED GREEN CARD
02/03/2014 2/3i14;SIGNED fOR BY SHAlNA MEDFORD. Docket
I
CMRR; 7013 1090 0000 0888 7484 I
RETURNED CERTIFIED GREEN CARD
2/4i14;RECEIVEO BY COURT OF CRIMINAL
0210412014
APPEALS 213/14. CMRR: 7010 1670 0000 Docket)!
4848 9580
I
WHITE CARD FROM COURT OF CRIMINAl
02/06/2014 APPEALS 2/6/14;WRIT RECEIVED & Docket\
;
PRESENTED TO COURT 2/3/14 i -
'APPLICANT'S OBJECTIONS TO STATE·s
I
FINO\NGS OF FACT & CONCLUSIONS Of Docket\
0211 Of2014 LAW & APPLICANT•s PROPOSED FINDINGS 1
'
2/10114 ----------·
------MAlLEi:)sUPP-LEMENTAL RECORD TO 1
02!11i2014 COURT OF CRIMINAL APPEALS 2/11!14 BY Docket:
CMRR: 7012 1640 0000 4263 0008
02/13/2014 CRIMINAL APPEALS 2113/14;RECEIVED Docket
SUPPLEMENTAL RECORD 2i12i14 ______ _
i
WHITe-ciRii fR-oM couRT of cRIMINAL \
03/28/2014 APPEALS 3/27i14; WRIT DENIED WITHOUT Docket\
WRITTEN ORDER 3/26:14
--------- Mori.oN FoR posT'-coNvscTroN '
1 ..
•
Docket
06i13i2014 FORENSIC DNA TESTING BY TIMOTHY
TESCH 6/13i14
9-lll
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LETTER FROM SEAN K. PROCTOR TO TIM
0'!/2112014 TESCH REGARDING P05T· CONVICTION Docket
DNA TESTING 07/21/14
- ·-· ~ - ·-- - -
--~ - --·-· ··- -· ·-· -·
~-·-· ~~ ---
STATE·s REPLY TO DEFENDANT·s MOTION
07/23/2014 FOR POST-CONV,CTION DNA TESTlNG ·Docket
7/21!14
MOTION TO ENTER PROPOSED ORDER
07/23/2014 DENYING POST-CONVICTION DNA TESTING Docket
7121/14
·FINDINGS OF FACT/ORDER DENYING
POST-CONVICTION DNA TESTiNG SIGNED k t
0712312014 0
JUDGE TRUDO 7/22/14;COPY TO T.TESCH & oc e
S.PROCTOR
.MAILED TIM TESCH COPY OF ORDER
07/23/2014 7/2l/14 BY CMRR # 7014 0510 0002 3175 Docket
2499
GREEN CARD RETURNED FROM TIM TESCH
07/29/2014 7129i14;RECEIVED COPY OF ORDER Docket
DENYING DNA TESTING 718/14
......
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•
Exhibit 24
•
•
Tesch Law Firm
Ph (254) 865-03 13 P.O. Box 255 fax 1(254) -731-2584 ;.
Gatesville, TX 76528 teschlaw@gmail.com •
June 6, 2014
Mr. Charles F. Montgomery
4400 Seven Coves Rd
Temple, Texas 76502
Re: Thomas Raymond Carr
Dear Mr. Montgomery:
I spoke with you about obtaining Thomas Raymond Carr's file. You wanted a
release and $100.00 to copy the file.
I represent Mr. Carr. Enclosed is a "RELEASE OF FILE" signed by Mr. Carr.
• Mr. Carr is entitled to his "Original" file per the State Bar Rules. Should you
wish to copy the file for your own records, please do so.
I request that you provide the information requested in numbers one through ten
in the release.
If you want someone to pick up the file as opposed to your mailing it, please let
me know. Please provide the file within te n(lO) days to the date ofthis letter. Thank
you.
Sincerely,
Timothy Tesch
Attorney for Thomas Raymond Carr
P.S. The release has my bar number as 119808200, when it should be 19808200 .
•
• RELEASE OF FILE
I, Thomas Raymond Carr, Wynne Unit, Huntsville, Texas, authorize the release of my entire legal
file to Timothy Tesch, P.O. Box 255, Gatesville, Texas 76528, SBN 119808200
This authorization includes the release of information on any criminal matter, child custody
information, and child support information that Charles Montgomery, Jr. may have.
It includes, but is not limited to the following:
1) Witness statements in whatever format used( tape recorded, written, and notes of
interviews with witnesses),
2) All notes of meetings with Thomas Raymond Carr,
3) All research done on statutory and case law,
4) Names, addresses, and phone numbers of persons contacted about competency
and insanity,
5) Medical records concerning physician reports and drug prescribed, including
medications that Mr. Carr was receiving during the time of his plea hearing on or
aboutNovember21,200~
6) Names, addresses, and phone numbers of all potential experts contacted including
forensic computer analysis experts, psychologists, psychiatrists, DNA experts and
Lab experts regarding Methamphetamines, and any other experts,
7) Your contract of employment with Thomas Raymond Carr,
8) The entire original file as required to be released pursuant to the disciplinary rules,
9) If you do not have any documents requested, then an explanation as to why, and
10) If you are refusing to release any item, then an explanation as to why.
Thomas Raymond Carr
•
•
Exhibit 25
i.-:: - ........
• l.ll.f~l ~II~HIIJIIII Jll l tlltllll
INRE
No. 57,557
* -Dff::JAf};]
. L)
r··· ~,
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;,.~·-=-
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-.1
DISTRICT
*
THOMAS RAYMOND CARR * BELL COUNTY, TEXAS
State's Reply to Defendant's
Motion for Post-Conviction DNA Testing
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas, by and through her District Attorney for the 27th
Judicial District of Texas, and respectfully requests that Thomas Raymond Carr's
(hereinafter referred to as "Tom" or "the defendant") Motion for Post-Conviction Forensic
• DNA Testing be denied, and in support thereof would show the Court as follows:
I.
Procedural Summary
The defendant was indicted on March 23, 2005, for the felony offenses of Delivery of
Ia Controlled Substance to a Minor (Cause Number 57,557) and Aggravated Sexual Assault
\
I
:(Cause Number 57,558), both alleged to have occurred on June 18,2004. On November 21,
I .
\ 2006, he plead guilty to the trial court in both cases, and the trial court found him guilty in
I
\each case, and sentenced him to fifteen (15) years imprisonment for the Delivery of a
I
\Controlled Substance to a Minor, and thirty (30) years imprisonment for the Aggravated
I
1
i
l
llii!IIIJ Ill~ IIIIII copy
• I
I
!
!
• lo Tom's house and smoked weed. He also recalls J and Christopher having sexual
contact with Tammy, while they were still at J 's house, which he thought Tom
videotaped.
HHPD officers also took a statement from C rV on July 8, 2004. 4
According to the officers' offense report, Christopher recalled the events much the same as
did J and S n. He recalls Tom shooting the Meth into his right arm, and Tom
providing Marijuana for them to smoke more than once.
i
The officers note in their offense report, that during conversations they had with the
\
I mothers of J Christopher, and S , each of them stated that their son had tested
I
l positive for the presence of Marijuana and Methamphetamine during their treatment at
\
•
I
Metroplex Hospital.5
After obtaining written statements from the boys, the officers report that they
prepared an affidavit for search warrant for Thomas Carr's residence located at 114 West
Mark Road in Harker Heights, and on July 9, 2004, presented it to District Judge Martha
Trudo, who, after reviewing it, authorized the search. At 9:45 a.m, the officers report that
they made entry into the residence after knocking on the front door and ringing the door bell
received no response. They report that once inside, they encountered Tammy Bishop and
4
See Statement of C V attached to this Response as State's Exhibit No.3,
and incorporated by reference for all purposes.
5
See partial medical records of J M and C V attached to this
Response as State's Exhibit No.4 and State's Exhibit No. 5, respectively, and incorporated by
reference for all purposes.
• 6
• Thomas Carr asleep in the bedroom, and two children asleep elsewhere in the residence.
They report that they moved Thomas Carr into the Living room, and kept Tammy in the
bedroom where she was advised of her Miranda rights. Tammy spoke to the officers at the :
scene and voluntarily agreed to accompany them to the police station and give a written
statement. 6 She admitted to knowing that Tom had provided Marijuana and Methamphe-
tamine to the boys, and admitted that she had sexual contact with J by letting him
perform oral sex on her, and by having sexual intercourse with aU three boys with a "dildo .. ,
She stated that Tom videotaped these sexual encounters because he had been wanting her to
''do something with another man" for quite some time. She admitted that all three boys
looked young, but J told her that he was eighteen years old.
•
At the scene, the officers advised Thomas Carr of his Miranda Rights. Carr admitted
to the officers that he had been at J 's house, and that all three boys had been to his, but
denied providing drugs to the boys, insisting that they had their own. He also d~nied
injecting any of them with Methamphetamine. He explained that he met J on a web cite
called "Adultfriendfinders.com," and that he purported in his profile to be eighteen years
old. He further explained to the officers that he had been searching for someone he and
Tammy could have a "threesum" with to "spice up their marriage" because they had been
together for 12 years. Officers report that Carr was arrested on suspicion of possession of
Marijuana when he took control of a cigarette package from his bedroom that contained a
6
See Statement of Tammy Bishop, attached to this Response as State's Exhibit No.6, and
incorporated by reference for all purposes
• 7
• Marijuana cigarette.
The officers report that during the execution of the search warrant, among the items
seized were: a computer and its peripherals, video tapes, a digital audio player with a flash
card memory, plastic envelopes containing suspected Methamphetamine residue, uniden-
titied pills, 8mm video tapes, and a Sony Handycam. They report that all the items seized
during the search were cataloged and entered into the HHPD evidence vault.
The State has been in contact with Detective Daniel C. De Leon, custodian of the
evidence section at HHPD. Detective De Leon explained that all the evidence seized by the
officers in this case was itemized on a HHPD "Evidence Submission Report," and then
placed in storage for long term safekeeping. According to HHPD records, he states in an
affidavit that all of the items seized by the officers in this case are still in police custody
except several video recordings that were reviewed by officers and later released to Thomas
Carr's mother at his request. He further states that the Department has never had biological
evidence, or items thought to contain biological evidence, in their custody in this case. 7
On July 13,2004, both Tammy Bishop and Thomas Carr were charged by Complaint
with the felony offense of Delivery of a Controlled Substance to a Minor. The record
reflects that on March 23, 2005, Carr was indicted for the felony offenses of Delivery of a
Controlled Substance to a Minor, and Aggravated Sexual Assault. On November 30, 2005,
Bishop, pursuant to a plea agreement, waived indictment and pled guilty to an Infonnation
7
See Affidavit of Detective Daniel C. De Leon, HHPD Evidence Custodian, attached to
this Response as State's Exhibit No.7, and incorporated by reference for all purposes
• 8
810
• support of its Orders denying relief to the said defendant.
Respectfully submitted,
HENRY GARZA
DISTRICT ATTORNEY
27TH JUDICIAL DISTRl
B
Assistant District Attorney
27th Judicial District
Post Office Box 540
Belton, Texas 76513
(254) 933-5215
(254) 933-5704 [FAX]
Certificate of Service
• I, the undersigned, do hereby certify that a true and correct copy of the State's
l Response was mailed to the attorney of record for the defendant, Tim Tesch, at Post Office
'
Box 255, Gatesville, Texas 76528, by United States mail, postage paid, on this the
,., J ::!
_ _ _ _ day of July, 2014 .
_ _~
• 15
\
• IIIIII Jil ItillIJil IJllll!lllllll
No. 57.558-D
EX PARTE * IN THE 27TH JUDICIAL
*
* DISTRICT COURT OF
*
THOMAS RAYMOND CARR * BELL COUNTY, TEXAS
State's Answer
COMES NOW the State of Texas, by and through the District Attorney for the 27th
Judicial District of Texas, and denies generally the allegations of the Applicant's Petition
for post-conviction Writ of Habeas Corpus relief, and opposes any request for bond pursuant
thereto. The State would show the Court that this is a subsequent appFcation for Writ of
Habeas Corpus relief by the Petitioner, and it does not contain sufficient facts establishing
either ofthe exceptions enumerated in Texas Code of Criminal Procedure, art. 11.07
•
§(4)(a)(l), (2) & (3) (West Supp. 2014) and therefore should be dismissed .
Prayer
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that this
Court recommend that the Applicant's Petition be dismissed, sending him hence without
day.
Respectfully submitted,
Assistant District Attomeym
27th Judicial District
Post Office Box 540
.,
Belton, TX 76513 r
(254) 933-5215 rn
•
(254) 933-5704 [FAX]
0
1111111~ lllllllllll "N
N I
• Certificate of Service
I, the undersigned, do hereby certify that a true and correct copy of the State's Answer
was mailed to the attorney of record for the Applicant, Timothy Tesch, Post Office Box 255,
Gatesville, TX 76528, by United States mail, postage pre-paid, on this the __ t,_-t!.
____
day of August, 2015 .
•
•
• IIIIIII IIIII tillIJillIJillI!1111111
No. 57,558-D
F\LED
EX PARTE
*
THOMAS RAYMOND CARR
Motion to Enter Proposed
Findings of Fact and Conclusions of Law
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas, by and through her District Attorney for the 27th
Judicial District, and moves the Court to consider and enter in this case the proposed
Findings of Fact and Conclusions of Law as those of the Court.
Respectfully submitted,
HENRY GARZA
DISTRICT ATTORNEY
27TH JUDICIAL DISTRICT
Assistant District Attorney,
27th Judicial District
Post Office Box 540
Belton, Texas 76513
(254) 933-5215
(254) 933-5704 [FAX]
llllllllllllt llll(lllllll\ IIII
• Certificate of Service
I, the undersigned, do hereby certify that a true and correct copies of the State's
Motion to Enter Proposed Findings of Fact and Conclusions of Law, and the State's
proposed Findings of Fact and Conclusions of Law, were mailed to the attorney of record
for the Applicant, Timothy Tesch, at Post Office Box 255, Gatesville, TX 76528, by United
States mail, postage pre-paid, on this the --.3!<{p::.....-~---- day of August 2015 .
•
•
1111111 jllll tillIJllll JillI!1111111
•
I
No. 57,558-D
EX PARTE * IN THE 27TH JUDICIAL
DISTRICT COURT OF
*
THOMAS RAYMOND CARR * BELL COUNTY, TEXAS
Findings of Fact and Conclusions of Law .;
Having considered the Applicant's Petition, the State's Answer, and the record in
the above numbered cause, this Court makes the following Findings of Fact and Conclu-
sions ofLaw:
I.
Findings of Fact
• History of the Case
1. The Applicant is currently incarcerated in the Correctional Institutions Division of
the Texas Department of Criminal Justice by virtue of a Judgment of Conviction
entered in the 27th District Court of Bell County, Texas, in Cause Number 57,558,
wherein he was convicted of the first degree felony offense of Aggravated Sexual
Assault.
2. The Applicant pled guilty to the charge, and the trial court found him guilty and
assessed his punishment at thirty (30) years imprisonment.
3. The Applicant did not appeal his conviction, but this is his fourth Petition for post-
conviction Writ of Habeas Corpus relief in this case, his first and third having been
dismissed, and his second having been denied. 1
1111111! 1111! 1111111
1
See Ex parte Thomas Raymond Carr, No. WR-79,620-02 (Tex.Crim.App., delivered September
11, 2013) (not designated for publication); Ex parte Thomas Raymond Carr, No. WR-79,620-04
•
(Tex.Crim.App., delivered March 26, 2014) (not designated for publication) and Exparte Thomas
Raymond Carr, No. WR-79,620-06 (Tex.Crim.App., delivered July 8, 201 5) (not designated for
publication).
• Allegations of the Applicant
Thomas Carr- 57,558-D- Findings
Page 2
4. In ground one the Applicant alleges that his plea of guilty was involuntary and un-
knowing because of coercion by the State. ·
5. In ground two the Applicant alleges that the State made false representations about
the results of drug tests.
6. In ground three the Applicant alleges that his trial attorney lied about researching
the law and explaining the law to the him, and was ineffective. ·
7. In ground four the Applicant alleges that he was incompetent at the time he entered
his plea of guilty.
8. In ground five the Applicant alleges that he could not be convicted of aggravated
sexual assault "because no date rape drug was administered" to the victim.
• 9. In ground six the Applicant alleges that he could not have been found guilty under
the aggravated sexual assault "because he did not act in concert" .with his co-defen-
dant.
Necessity for an Evidentiary Hearing or Expansion of the Record
10. The Court finds that the existing record is sufficient to address the Applicant's
Petition.
Jurisdiction
11. The Court finds that this is a subsequent Petition by the Applicant, therefore, before
the Court can review the merits of the Applicant's allegations, it must address the
Court's jurisdiction to entertain them.
12. The Court finds that the factual and legal basis for the Applicant's allegations in
the instant Petition existed at the time he filed his previous Petiti~:ms.
13. The Court finds that the Applicant's Petition advances no facts establishing that the
current claims were unavailable when he submitted his previous Petitions, or, that
but for a federal constitutional violation, no rational juror could have found him
• guilty beyond a reasonable doubt.
• Thomas Carr-
Page 3
57,558~0- Findings
II.
Conclusions of Law
Based on a study of the applicable law, this Court makes the following
Conclusion of Law:
Grounds For Relief
1. The Applicant's Petition should be forwarded to the Court of Criminal Appeals
because this Court may not consider the merits of this application, because it does
not contains sufficient facts establishing that: ( 1) the current claims have not and
could not have been presented previously; or (2) by a preponderance of the evi-
dence, but for a violation of the United States Constitution, no rational juror could
have found him guilty beyond a reasonable doubt. See Tex. Code Crim. Proc. Ann.,
art. 11.07, §4(a)(l) &(2) (West Supp. 2014).
III.
Recommendation
The Court recommends that the Applicant's Petition be dismissed.
IV.
Transmittal Order
The Clerk is directed to prepare a transcript to include copies of the following
documents:
1. the Applicant's Petition;
2. the State's Answer;
3. the Motion to Enter Proposed Findings of Fact and Conclusions of Law;
4. the Findings of Facts and Conclusions of Law of the Court;
and transmit the same to the Court of Criminal Appeals in Austin, Texas. The Clerk is
• Thomas Carr- 57,558-D- Findings
Page 4
further directed to serve a signed copy of these Findings of Fact and Conclusions of Law
upon the attorney of record for the applicant, Timothy Tesch, at Post Office Box 255,
Gatesville~ TX 76528.
Signed this the ---1-- day of August, 2015 .
•
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• STATE OF TEXAS
COUNTY OF BELL
CAUSE NO: 57558-D
EX PARTE
THOMAS RAYMOND CARR
I, Joanna Staton, Clerk of the District Court, in and for Bell County,
Texas, do hereby certify that the attached instruments are true and correct copies of the
Originals as contained in the courts file in the above styled and numbered cause, now
On file and of record in the said 264 TH District Courts,
WITNESS MY HAND AND SEAL OF SAID COURT, in my office at Belton,
Bell County, Texas, on this 12th day of August, 2015.
Joanna Staton
District Clerk
Bell County, Texas

Authorities (11)
United States Postal Service Board of Governors v. Aikens , 453 U.S. 902 ( 1981 )
Steele v. State , 681 S.W.2d 129 ( 1984 )
Ex Parte Reedy , 282 S.W.3d 492 ( 2009 )
Hawkins v. State , 660 S.W.2d 65 ( 1983 )
Brandon v. State , 599 S.W.2d 567 ( 1980 )
Garcia v. State , 595 S.W.2d 538 ( 1980 )
Caballero v. State , 587 S.W.2d 741 ( 1979 )
Bright v. State , 556 S.W.2d 317 ( 1977 )
Huff v. State , 807 S.W.2d 325 ( 1991 )
Ex Parte Winfrey , 581 S.W.2d 698 ( 1979 )
Ex Parte Ridley , 658 S.W.2d 177 ( 1983 )
View All Authorities »

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