Orona, Alejandro

11 bB-o~
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RECEIVED IN
wRIT No. Wk'-17 lol3 -o2. COURT OF CRIMINAL APPEALS
1

EX PARTE IN THE TEXAS
'JAN 03 2015
COURT OF

ALEJANDRO ORONA CRIMINAL APPE~~~~ Acosta, Clerk

MOTION FOR EVIDENTIARY HEARING

Comes Now Alejandro Orona, the Applicant, pro se and respect-

fully moves this Honorable Court for evidentiary hearing pursuant

to T.c.c.P. art. 11.07 Sec 3.(d), governing T.c.c.P. art. 11.07

proceedings. Applicant filed his 11.07 application and moved

for evidentiary hearing and the District Court denied. Due

Process affords a habeas corpus petitioner the right to a fair

opportunity in state court to discover and present potentially

exculpatory evidence that was not contained in the record on

direct appeal. see District Attorney's Office v. Osbourne,557

u.s. 52(2009).
In Ex parte Franklin,72 s.w. 3d 67l(Tx.cr.App.2002), the

Texas Court of Criminal Appeals held that, before a habeas

petitioner is entitled to a hearing, the applicant must make

a claim that, if true, establishes .affirmative evidence of

his innocence. Then, at the hearing, the trial judge assesses

the witnesses credibility, examines the "newly discovered ev-

idence,~ and determines whether that "new" evidence, when bal-
anced against the "old'' inculpatory evidence, unquestionably

This do.cument contains some
pages that are of poor quality
at the time of imaging.

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establishes the applicant's innocence. Id.

In denying the applicant's application for a writ of habeas

corpus the court failed t6 hold a hearing. The newly discovered

evidence was affidavits from eye witnesses who have seen Scott

Sartain alive and well since the state alleged that applicant

had murdered him. Applicant has in fact made ~ claim that if

true, establishes affirmative evidence of his innocence. The

trial courts findings are unsupported by sufficient evidence,

see Wiggins v. Smith,539 u.s. 510(2003), and the process em-

played by the trial court was. defective. see Valdez v. Cockrell,

274 ~.3d 941(5th Cir.2001). The court did not hold a live hear-

ing to Judge witness credibility and their certainty of iden-

tification. Also Applicant did not file a substantive innocence

claim, but a procedural one. The trial court· .ut material issues

of fact in dispute.

WHEREFORE, premises considered, Alejandro arona, the app-

licant respectfully moves for appointment of counsel and an

evidentiary hearing. This court has ordered evidentiary hearing

in cases with ~imilar circumstances to see that justice is

served.

Respectfully submitted,

~~rfhm"i
ALE ANDRO ORONA, PRO SE
TDCJ-ID# 1573738
Telford unit
3899 Stat~ Hwy 98
New Boston, Tx 75570

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 CERTIFICATE OF SERVICE

The undersigned hereby c~rtifies that a copy of the fore-

going was mailed, postage prepaid, this 20+1? day of Occ.cm!:xc
2014, to Joe Shannon,JR., District Attorney, Tarrant County,

Texas, Tim Curry·criminal Justice Center, 401 w. Belknap, Fort

Worth, Tx 76196-0201.

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EXHIBIT
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AFFIDAVIT

Before me, the undersigned notary, on the 18th day of August 2014,
personally appeared Eddie Frankum (Affiant), a person whose identity is known to
me. After I administered the below listed oath to the Affiant, upon his oath, he
said:

My name is Eddie Frankum and I have no legal disabilities preventing me
from making this affidavit. My address is 4230 LBJ Freeway, #330, Dallas, TX
75244 and my phone number is 214-638-0345. I have never been convicted of a
felony or a crime of moral turpitude. I am over the age of 21 and I have personal
knowledge of all statements contained in this affidavit.

Since December 2005, I have been employed as the President/Owner of
HALO Protection Services, Inc. (HALO), a licensed private investigations firm
that specializes in criminal d~fense and po~t-conyiction prilllinal investigations as
well as Voir Dire/trial support~ Civil rights violations and police·procedure/ and
accountability cases. HALo,a Texas CorJ)o:ra;tioriiq good standing, i~ licensed·
through the Texas Dep~mfmt of Public Safety and ·our license number is A13359.

I first became licensed as a .Texas Peac~ Officer through the Texas.
Cominission on Law' Enforceine;nt Officer ~~dards and Education (tC~EO~E) in
1996. I hold the Basic. Intermediate and' Advailce.d Texas Peace Officer's . · '
as
Certifications. well ~s the Instructor and F.irearins Instruct~r Certifications~ ~ll
issued by TCLEOSE and I have completed.appro~imately 1,900 hotirs of
TCLEOSE approved.law enforcement training· credits.
• ,,, l -.

I have attended Eastfield and Rio Salado Community Colleges (Law
Enforcement Technoiogy) and I graduat~d the Bill Blackwood Law · from.
EnforceJl1ent Management Institute ofTe~as (Sam H~mston State University).
. ' . ' . '

• • ; • '. • • . r , • • • • •- 1 : '" . . . , . -.. .: J , ; ' • ' • ~ • '•

My career in l~w eriforcernent.,inch1ded assignments a,s Police Qfficer in the
Patrol Division, Sergeant in the Patrol Division,'Lieutenant in.Patror and Internal·
Affairs Divisions, Capt~n in the Internal Affairs Division and fina}\y Chief of
Police. · ·: ·- ·· · · · ·· ·· ·
. ' . ..
·~ ·' . . ; ...
.~- .. j_

. As a Police Officer whi~e assigned to the Patrol Division I. wa; ~~i~e\ss~~lt; Aggravated-Assault, ..
Aggravated. Sexu·ar Assault, Aggrayated iGdiuipping~· Aggravated R9bbery, Iiljury
to Child, B-urglary~. Theft,' Aggravated.Perjiliy, Possessio~anufactwing/Delivecy
of Controlled Substanc~s, ; Engaging in .Orgapized Cri~in~fActi:vity, pffidar·
Oppression, Terroristic Threat, DWi;:rvia.ny-Misdemeanor level'ca.Sesas well as
Clemency related cases.
, I ; _ _ . I ' ' , , ~ ,. ' ~ ' 4
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. I have investigated thousands ofcases whiqh inv;olved making probable
cause determinations related to iriitial • I : • • : l ~ : "';j ' 0 • ' ' • ' I : • • ' ,, ' ' • • ' •• •

During the .Abi~ene, TX investigatioidn Noyemqe:r; 2009, Imade c.on:tact. .
with several witnesses who told me thefhad seen Scott Sartain in the Abilene, TX
area after the time he was supposed to have been murdered by Kelly Munn, on or
about September 06,2007. : . . . . . . ·: -:~ .. . , . ,. . .. . .: , .. '·' , , : .. ,.

.All interview~-c~rid~~t~q ~hil~ ~i~. ~s~·i~e~t: ~e~e· r~~oided. vi:a digit~l ,ori:
recording and are still part of HALO's file for the Munn case.

On November 1,6,' 2009, I cotiipr~~-ed the.report.~el~t~d to the Abiiene, TX
investigation and have attached it to this affidavit: (See .Exhibit A.).~ ..
• .t
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• • • . ·, : • ' ••• ·- .•• • • • ~ ' . • . ' • • '

.on S~ptemb~~l7, 2.01~, -~6 ;~~~;~~c~:-~~~~.h~ed.to ~oridtiet.ru/·
investigation limited to attempting· to locate, interview and ascertain sworn
affidavits from potential witnesses locateq in .or around the. Apilene, TX area, with
whom I had interviewed in No~einb~~·.26()9,'wht)'tlien.told ipe they had,seen Scott
Sartai~ in the Abilene,~ are·a._after ~~Jirhe~he: ~~s -~ilegedly rh~9~ied by..~ell~
Munn. Before I made· contact with those putential \.vihiesses I review ·the. recorded
interviews I made with the witnesses in November 2009.
, . . . ·:.. . . .I .. , .. . • . . ...... " : • • . . .. . ' . :. . • ·.
On I< ebruary 18 & 2Q, ~o 13, I receiyed affidavits from Patricia Markham, ·
Penny Culw~ll, Shelby Jones and Santiago Rodriguez, all of whom indicated in
their respe~tive affidavits they remempere~ se~~ng Scott Sartain in_th~ Abilene, TX
area after Sartain was. allegedly murdered
. . by .Kelly
.. .
Muml.. ., ..·. . . .
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'' :.

In m,y op~ni~n, ~e,four, witn~ss~s l~~t~c;lab9ve.are·9redible ~~tpes~.es. None
• , ' • ' • ' ' • • \ ~ • ' ~. J • • I I ,' , l l o • '

of these unrelated independent witness¢s_kno\V Kelly Murin, th~y have absolutely
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AFFIDAVIT

no knowledge of the events surrounding tlie disappearance of Scott Sartain and
they have absolutely no incentive to lie or make up stories regarding their
respective knowledge of Sartain's whereabouts or their respective sightings and/or
dealings with Sartain.

To add to the witnesses credibility, at the time of my February 20, 2013
interview of witness Santiago Rodriguez, Rodriguez was (and still may be) a
coordinator at Abilene Regional Council on Alcohol & Drug Abuse which covered
thirty Texas counties.

Witness Patricia Markham arlO her husband· Terry, operate the "Jubilee
House", located at 433 Reading Rd., Abilene, TX, which provides a substance
abuse recovery house with an environment conducive to recovery and good
citizenship for recovering addicts and alcoholics. .
I
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It is rriy opmion the four Abilene, ~iiri~·ss. affid~vit~ refl~~t testimony . Tk
they each s;tate th~y would. have· provided at Kelly Muntl.' s tnal had they· been
asked to do so~ which could have created reasonable doubt in the minds of the jury
members.
. . ' • :-· . : •.. ' ··: ~ : ~ ' \ .,. ••• .• ~ :; • - •• ;• • . '• .. : ( ·: ... 1 .: ... ~ ..... • • ·~• . ·- .,

I retain the right to.'amend, edit,' chalige ~~Jor revise niy,opinion ·at any .
time. I am· not a lawyer ail.d the opiriiori.s asserted 1n this affidavit ·are .the opfuions .
an
of "Expert Investigator" and are not to be considered legal opinions and/or legal
advice. -~ ~ • ·, ,...,, :. ·-· . • '1:. ' •• ·:

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' ' : : •• ' . • : ' - . ."' I , • ~ . ;'I ': .,! ~ ''! ' ''I ·, ''1 .'' ', : : - •' ~ •, -, ' ~ ' 1 '1 • '•

. I understand I am providing this Affidavit of iny 9wri.Jree .will and accord
or
• . •, ~ " , 1, , , · , , ~ , • ·. , ( ·,' 1 • ·"' ·,_ ,. . • , , l , , _ , ,

and I have not been threatened. coerc.ed ii}tq signing 'this affidavit,· nor have I
been promised anything 1n exchange for executfug this affidavit. Prior to my
execution of this affidavit I raised my right hand and ~.olemnly swore the ~ . -
statements contained 'iri this affidavit are hue and ·'correct to the bes(of my ... '
knowled e elief. . F ' :.. er~ Affiant sayeth riqt~ ... •( . ' : . : . . . ''
• - ', •• .' • ' . ''· •• • J·. • . .. .. •

• " ·, . . . '. . . , .. '." I ,·· . .; ·".' ·.' .. • .. 1 ' . '·' ·' . : . .. ,.. \ · · . -', ... :, ·. · • '1 .. ' /
SUBSCR!BED ANI? S:WORN t9befor~~ m~. <>P the l~th . .day."of Auglis(2014.'; to .
certify which. witne . . .hrul(f and'officiai seaL- . ' c . : :·,. ' •. ·c .... :.; 1.' -· '
·l;'~,~~;_;,=--··." ·, · ....:. ,··;··:::•,~::.·.:-:·.· .. --~ . ··.~·: .• 1
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SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My Commission E.xpires: . ~?JS\ \'1 ·. . . . · SE · -
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• '·· ' .'· 1 ·- • '·.· • ··~.'N: • 'StateefTnas
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• · 1• , • , ., • : r : •• , .1 . :- -~OF Expires:03·25·20H'
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HALO PROTECTION SERVICES, INC.
INVESTIGATIONS DMSION
State license# A13359
P.O. Box 180895, Dallas, TX 75218
469-628-7535 -Office
469-355-6400- Fax
www.haloprotectionservices.eom

INVESTIGATION REPORT
(Kelly Munn Post Conviction case)
!
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To: Charlotte Youngquist - client- ·
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From:
<.'
Date: 11/06/2009 :··.1. ·..: !.1

Re: Abilene investigation · .. -~- ~. · ·. ~ ... : · ·
•• • • :. • ~ • .I .I '

On November 02, 2009, HALO was hired by Client, Charlotte Youngquist, to conduct a
post-conviction follow-up investigation related to the mwder conviction of Kelly Munn
in Tarrant County in September 2009. The alleged victim ~ that murder case was Scott
Sartain, a kno~ homeless dJ:ifter and· drug a4dict who :is kno\vn to bav~ ties to the .. :
Abilene, TX area . -· .. ,. . . .· ... ·-. '. • . ~· ..!
\

This portion of the investigation was specifically related to Scott Sartain's former ties to
the Abilene area and extensive research was conducted prior to HALO's arrival in
Abilene for the follow-up investigation efforts. ...
Some of that research revealed former addresSes and·possible alias names that Sartain
may have used or was connected to. HALO's assignment was to travel to Abilene, TX
and locate and interView unknown individuals who may possess some knowledge or
information related to Sartain's history, known associates, known residences, possible
alias names and· current whereabouts.

All interviews oonducted while on this assignment were recorded .vi&; digital·recording '·
and have already been transferred to HALO's electronic file related to· this investigation.
. . ~ '

I, HALO Investigator Eddie Frankum, conducted this investigation in its entirety and the
.. . .

following is my report: ·

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Murin, Kelly I HC-09-oi26 PC . · ·

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NOVEMBER 03. 2009

:(iC'/LiRD l{E.\'V!:'Dl'l\'JERi'!Ff!'
2102 AMY LYN, ABILENE, TX

I drove to a half-way house (an alcohol and/or drug addiction rehab residential assistance
home- for addicts) named the "180 House", located at 2102 AmyL~ Abilene, TX.

At the 180 House, I met and interviewed two men, Mr. Larry Garrett who stated he was
the manager of the 180 House and Mr. Richard Kennedy, the owner of the 180 House.

I told Mr. Garrett we were conducting a missing person investigation and showed him a
picture of Sartain. Mr. Garrett immediately recognized Sartain and asked ifhe (Sartain)
was the man who was supposed to have been murdered in the "Dallas" area

I told Mr. Garrett that Sartain was the person he referenced, but the location of the
alleged murder was in the Ft. Worth area, not Dallas.
....
Mr. Garrett told me he had previously talked to another detective (presumable Det. Ford, .....
. .:!:-;
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Arlington PD) and gave thafdereetive a copy of Sartain's "card".

Mr. Garrett said he has not seen Sartaill in idong time/maybe years, but that ·Mr.
Kenn~y (owner of 180 House) would probably have more infonllation regardiiig-'
Sartain. - -
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Mr. .Garrett told me that while Sartain was staying at the '180 House, he "did alright",
until he (Sartain) went to work for a gas compressor company out of Midland, through
"Express Personnel", a temporary employriteirt:~ency.~ · .. '·. -·; .·:. : ·· -~ ... '·:. ,. _.-_: · '1
0 ~. "'·.·~-~-~ ~-~-
.. ·~ ~, o< .:· ·'
When asked how long addicts are allowed to stay at the 189 House, Mr. Garrett stated
they could_ stay theie forever ifthey :wanted to~ _but that he remembered ·Sartain came and
went 2-3 times.

I asked Mr. Garrett if I coUld have a·copy ofS.artain's "card'! and he. began look.iJ,lg · ,
through ~'large pile of cards. ·I offere_d to ass~st Mr. -Garrett in sorting·througli_ the cards
and I did locate Sartain's-"card";whicli is·a small white card with Sartain's contact and
indelltifying informaiion on one ~ide and"consent form" rules on the back of the card.
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Mwm, Kelly I HC-09..0126 PC
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Because I have previously reviewed many documents that had Sartain's signature on
them, I immediately recognized Sartain's original signature on the "card". (I later ..
compared the signature to jail book-in reports and other legal documents and affirmed the
signatures were the same).

I asked Mr. Garrett for a copy of the "card" and he stated he would ask Mr. Kennedy if I
could have the original card.

Mr. Garrett then introduced me to Mr. Kennedy, the owner of the 180 House. Mr. ...
Kennedy stated that I could have the original eard and it was handed to me by Mr.
Garrett. (lbis card has been electronically scanned and is also part of HALO's electronic
..
file for this case. A copy of the card (front and back) is also attached to this report (rc f.
J. /\.).

During the interview with Mr. Kennedy, Mr. Kennedy stated he was trying to remember
the name of the girl who had later come through the 180 House who Mr. Kennedy said
knew the· men who were responsible for killihg Sa.rt:aiJL : · ,. ~ .. : :' · ·~ ;.• . ·•:. ·· .· .: · .. '
. • .. \.. ~ . . • .. . -· ...... ~ •: .: • • • • ~ (:. •. - ... ., . . • ... . . !' :. j-•

I askedMr: Kennedy and G8rretnib0ut some: of the Dam.es·offelilale addicts thB.t I knew :
were related to tlie crimirial case, but neither men were able to identify the female, ·
although Mr. Garrett stated he believed the girl came from another half-way house called
7'MA MisSion" in Adington,,TX, the 'Sam.e 'place' Sartain 'W38· origmaiiy tranSferred. to the
180House from (this information is listed on the "card").

Mr. Garrett then gave me the name of Sartain's N.A.rsponsor, who iS Charles Padcs and is
the owner of Abilene Foundation in Abilene~ TX.' ·• ·
. . . ' .: .;' ...... ·.~. I:.:. ,· ·, .·, . ~· ~~ .. -~... ·._ ... •.

I ag8in asked both men· if they remembered w1iat th~· girl looked like' who·knew the
all~ed murders of Sartain, but neither men were able to remember her. Mr. Kennedy
advised that in the last year, the 180 House has had approximately 400 individuals
processed in and out and ifwa8 hard fQr him tO remeQ:lber all of them~ . · ·
'. ·--~\ ·,-;. .. ....;, ·~ '.'·,_ •'.! : ~ ·. ·~ . ! ~· -~·

Mr. Garrett then assisted me further by·.c811iiJ.g Sartafu~s N.A. sponsor, Mr. Parks, who
was out of the office. Mr. Park's office phone# is 325-673-7899 and his secretary gave
me (via Mr. Garrett) Mr. Parks' cell phone#, whichis 325-660-0638. Mr:,Garrett told.
me he believes Mr. ParlCs has·Iittle mowledge·ofSartain: ;. · ·
: • • • ~- • •• • ;• • " --~ •• • ... ' '.- ,. t . . ". · .• _.: • ' '

A photograph (ref. .LB. J was takeri of this I9Cation:and the·inteivjew· was concluded.· ._,,_..
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Munn. Kelly'/ HC~I26 ~ •1 I i, ..
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NOVEMBER 03, 2009
.·.
2110AMY LYN,.ABILENE, TX

I then drove to the next linked address which was 2110 Amy Lyn, Abilene, TX, which is
actually the building next to the 180 House.

I contacted Mrs. Tracy Kennedy who is the wife of Mr. Richard Kennedy, owner of the
180 House. Mrs. Kennedy told me that both addresses were the property of the 180
House and she (Mrs. Kennedy) is the Office Manager for the 180 House.

I told Mrs. Kennedy why I was there and asked if she remembered Sartain. Mrs.
Kennedy advised that she did remember Sartain but that her duties at the 180 House
consisted primarily of paperwork and other office duties.

Mrs. Kennedy stated that she did not recognize the photograph I showed her of Sartain
but she did remember his name.

Mrs. Kennedy also stated~ she did not know if Sartain had a girlfriend and did not have
any other information about Sartain. Mrs. Kennedy stated she would not have
remembered'mueh of him unles5 he had been "successful~ wtiiie·afthe 180 House,.·--···:
meaning that he was in control ofhis addiction.

A photograph (ref. -:2.,\.f was'takeri ofthiS Iocaiion"arid tlie inteiview·was concluded: .. ·.
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Mmm, Kelly I HC-09-0126 PC
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NOVEMBER 03, 2009

2234 AMY LYN, ABILENE, TX

This address is a former half-way house for individuals who are mentally handicapped;
however, it is no longer in business. There were vehicles in the driveway and I ran the
license plates, both of which came back to individuals, not the former half-way house,
which was named "Big Sky".

Unable to make contact with anyone at this address.

A photograph (r.::f. 3. :\.) was taken of this location and the interview was concluded.

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Munn. Kelly I HC-09-0126 PC
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NOVEMBER 03, 2009

./FRRV /(ELLYJ.\'TERV!ETY
1758 COLLINS, ABILENE, TX

I drove to 1758 Collins, Abilene, TX, which is another address linked to Sartain and
another man named Kyle Woodard. At one time, it was believed that Sart:a.in, a known
con man, may have been using the alias of Kyle Woodard.

Upon arrival at this address, I observed two vehicles parked in the driveway (front lawn)
and noted both of the Texas license plates on the audio recording in case the information
may be useful in the future.

After knocking on the door of this address, I made contact with a black male who , -;
....

identified himself as Jerry Kelly. ·.·

Mr. Kelly told mehe is:rentingthe house and he was also involved in the AAINA
program and is a recovering addict.

Mr. Kelly told.me he has only:lived at this address for approximately a month and a half
and has never heard of Scott Sartain and he also did not recognize the photograph of
Sartain I showed him.~ . ·: .. ·.'. ~ · · ·'· .· i : .: · · ., ~.· ,.. · ·
. ' ' . ,·, .

Mr. Kelly then gave me the·phone nlimber of the owner of the house, who is Santiago
Rodriguez and whose cell phone# is 325-370-6029.
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I then· asked Mr. Kelly if he has ever heanl'ofKyle Woodard~. Mi. Kelly stated-that he :
has received 80me miill addressed to Kyle Woodard and in fact, produced and showed me
several letters (one AT&T phone-bill) addressed to Kyle Woodard at 1758 Collins,
Abilene, TX:.· Mr: Woodantstated he·has·never ieceived·any mail for·Scori.Saitain.
. . t.: . '·, ·..

A photograph (ref. 4.A.) was taken of this location and the interview was concluded.
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Munn, Kelly I HC~l26 PC
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NOVEMBER03, 2909

SA.\T!AGO RODRK7CEZ INTERViEW
LAUREN ENGENERING & CONSTRUCTION, ABILENE, TX

Mr. Rodriguez is the owner of the "3/4 house" located at 1758 Collins, Abilene, TIC I
received his phone# from Mr. Jerry .Kelly, the current resident of that address. I called
Mr. Rodriguez (recorded) and asked to meet with him at his place of business at Lauren
Engineering & Construction. Mr. Rodriguez agreed to the meeting, so I drove to his
office located at 550 S. 18th St, Abilene, TIC

Upon meeting Mr. Rodriguez, I told him who I was and what I was doing. Mr~
Rodriguez advised me that his house on Collins is a boarding house for recovering
addicts.

I showed Mr. Rodriguez a photograph of Sartain and Mr. Rodriguez immediately stated
he has preViously seen Sartain. Mr. Rodriguez could not remember Sartain's name, but
when I asked if"Scott" sounded familiar, Mr. Rodriguez stated that that was the name of
the mali I showed him a photograph' of, which was in fact, that of Scott Sartain.
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Mr. Rodriguez told me he remembered Sartain because at one time (later discovered to be
approxiinately Thimksgiving. 2008),'Sartain., laiowri ai that time to. Mr:. ROdriguez only as
~'Scott~, came'to hiS ooardfug hous.e at 1758:co~:Abilene/IX;and wanted tO live at
the.hOuse: ·. . ..·..~ ~ .: ·: ; -, ·. ·. -~ ·. r~ :~-. •. ~-. ~ . ~ ~ ~ ~ ~: f . :, ' . .. ' ': T ••••

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NOTE: Mr. Rodriguez is also ddrUg addict who has spent several years in the
penitentiary. He is proud to be sober for over 9 years and has dedicated his life to
helping other addicts· with theif re'cover.efforts. ·Mr.~Rodriguez goes~to mtJizy ofthe
AAINA meetings in .:i:. ;,·J' ·.- ·. ·' :·... . -- · :.. ·. · .. ·
.... ~ .~. ;· ~ ~~-,~: ..... .-:;-{·~·:·.~·~..~...~~::.~_·:.

The interview was concluded.
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Page9of22
Munn, Kelly I ~126 PC
NOVEMBER 03,2009

.J.. ':,':IES JY. irARC':J>i !:Vn:.R. VJEiY
BEALS DEPT. STORE AT 1220 (1111/auJwn street nanre), ABILENE, TX

Mr. Waruta stated he may have seen Sartain in approximately November 2008, but Mr.
Waruta is not 1000/o positive of that This interview produced no leads.

Interview was concluded .

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Page 10of22
Mllllll. KdJy I HC-09-0126 PC
CO'f'iDOTIAL !:\FOl~\1.\TlOX!WORK PROiJI.'CT
 NOVEMBER 03,2009
'
Mr. Rodriguez also accompanied me to 433 Reading, Abilene, TX {Jubilee House),
which is another half-way house like the 180 House. I spoke with several individuals at
. this location. There is only one audio recording for each of the individuals listed at this
address.

SHELBY.Li,\JES'JOXES "Si(!P .. LVTERVJEI.V
JUBILEE HOUSE, 433 READING, ABILENE, TX

Upon anival at this location , I first made contact with a man who identified himself as
Shelby James Jones "Skip", WIM, 04/04/1952. Mr. Jones is a recovering addict who
lives at this location (Jubilee House). Mr. Jones stated he is not from the Abilene, TX
area and has only lived there for approximately 3 months. He is originally from Snyder,
TX.

I showed Mr. Jones aphotograph of Sartain and he sta~·~artairi.l6okeo faiililiar and he
believed he has seen Sartain at the downtown bus station within the last two weeks. Mr.
Jones stated he was certain that he has seeri Sarta.fu at the. CityLink bus station located at
2"d Street and Sycamore iii Abilerie, TX~ :Mr. Jones stated a lot of homeless people and·
drug abuser hang out arorind that bus stop and he. belieVes he· saw Sartain in that area
hariging out where smoking is permitted, across the street from the bus stop.

NOTE: This is the first oftwo indejJeiu:lent 'individuals I interviewed who stated they
have ·seen.Scirtain at the CitjiLink lius siop at ihe-'eiact same location at the exact same
time.
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Page 11 of22
Munn, Kelly I HC-09-0126 PC
NOVEMBER 03, 2009
;··.:; :\'ESS'..tl L !AN BR0 i·VN I\TERVJE W
JUBILEE HOUSE, 433 READING, ABILENE, TX.

Another resident of the Jubilee House then walked outside and asked to see the
photograph of Sartain. That person's name is Vanessa Lynn Brown, B/F, DOB:
03/21/1965.

Mr. Brown immediately recognized the photograph of Sartain and stated she had only
been living in the Abilene area for approximately one year.

Ms. Brown stated she may have seen Sartain at the "Loving Care Ministry", which is a
local organization that feeds and provides clothing aDd medical assistance for homeless
people.

Ms. Brown then stated that she "really believes" she saw Sartain at the "Hope Group"
withfu the last 14 months. When I asked Ms. Jones if she remembered Sartain's tattoos,
Ms; Jones stated '~I remember seeing him, like, I remember him ... honestly,ldo". Ms.
Jones alsci stated "heally believeThave seen liliD. at aNA meeting".

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Page l2of22
MuDD, Kelly I HC~l26 PC
NOVEMBER 03, 2009
PtTTYAL1RKHA/d iXTLRVfEW
JUBILEE HOUSE, 433 READING, ABILENE, TX

I was then introduced to one of the owners of the Jubilee House, Mrs. Patty Markham.

When I showed Sartain's Picture to Mrs. Markham, she stated "Ob, I know him. What
did he do this time?"

I explained that Sartain is a missing person and I was attempting to locate him. Mrs.
Markham without a doubt recognized Sartain.

I spent a lot of time with Mrs. Markham as she made several phone calls to other
individuals who may have information regarding Sartain's whereabouts.

Mrs. Markham stated she has not seen Sartain in over one year and she told me several
stories involvii)g Sartain, such as: ,
- Sartain was nmning with a man with a street name of"Scary Larry" and "Tattoo
Raym(>nd", who had ahouse ·on Orailge St. in Abilene, TX.

- At one time, "Tattoo·Raymond" was be8ien by hiS wife with:a·shovei·aJid Sartain
was with "Tattoo Raymond" at that time. (fhis information can be used in order to
ascertain infonruition iegarding 'tlie identitY of"Tattoo Ricnaro"; and "SCary Laiiy".
. . . ..
- aarta.in had previously stolen some dope from "Tattoo Raymond" and "Tattoo
. Raymond". was ·angiy abOut it.: '~attoo· Raymond" went around Abilene looking for
Sartain and telling other people, mclUding Mrs. Markham, that he "Tattoo Raymond"
was going to kill Sartain if he found him.
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At friui1e 16:15 oftbe'audiorecordfug, th~follo~·canverSation'was'recorded:

FRANKUM: · . On a·scate of 1·tOJO,:how sure are you thatyoureeognize him.;
~

MARKHAM: ~ -~
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100%.. ' ' : '• • • { I

FRANKUM: Ok. you're all the way in on it then?
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FRANKUM: :. ·.· -I'm not ttyirig to beat a dead horse,ljustwant to m8ke sure were
real clear, are you that sure th8t you haveseenbim Within a year?
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Page 13 of22
MUIID, Kelly /H~I26 PC

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.•

FRANKUM: Oh. Ok.

During the interview, Mrs. Markham also stated that she knew Sartain was a member of a
white supremacy group called "AB" (Arian Brotherhood). I know this information to be
a fact

Mrs. Markham also told me Sartain was friends with and hung around with a man named
Ken Orr and his wife/girlfriend Angie Jackson, who she believed was currently living at
the Royal Inn Motel in Abilene, TX and who may have seen Sartain more recently than
her.

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Page 14of22
Munn, .t(elly I HC.{)9..0 126 PC
NOVEMBER 03, 2009
CHARLES A. AdCBETH iNTERVIEW
JUBILEE HOUSE, 433 READING, ABILENE, TX

At ti·u~:e 25:44 of the audio recording, Mr. Charles A. McBeth entered the office where I
was interviewing Mrs. Markham. When I showed Sartain's photograph to Mr. McBeth,
he immediately recognized Sartain but sated he had not seen him for 3-4 years.

This interview was very productive and led me to Ken Orr and Angie Jackson, who I
wanted to make contact with. Mr. Rodriguez told me he knew a lady named "Penny"
who hung out with Ken Orr and may be able to put me in contact with Mr. Orr.

These interviews were concluded.

NOTE: After these interviews, I drqfted a "wanted" flier ri·ef 5.A.) and had them
printed at Office .Max
.
in. Abilene, TX. Mrs. Youngquist authorized this purchase.
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Page 15of22
Muon, Kdly I HC-09-0126 PC
 \ '1.

NOVEMBER 03, 2009
JACK FRAZIER li'vTERV!EH-.
3664 SWENSON, ABILENE, TX (SIIIIIillgo Rodriguez's house).

In an attempt to locate and contact Ken Orr and Angie Jackson, multiple contact's were
initiated, one with Mr. Jack Frazier.

Mr. Frazier~ who is in the AAJNA program, stated he has seen Sartain's face but he does
not remember when it was.

I explained to Mr. Frazier and Rodriguez that I wanted to contact Ken Orr and Angie
Jackson, so they took me (I followed them) to another location around the comer from
Mr. Rodriguez's bouse. They told me that a woman named "Penny" would be able to
help locate Ken Orr.

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Page 16of22
Mmm. Kelly I HC~I26 PC
t:0:\1-'IOE.\TJAL l'FOK\1.\TiO~:·WoRJ..: PHOD~=CT
NOVEMBER 03.2009
PEN.\:YSlJE CULH'ELL !NTERJ"JD'i-.
2202 HUCKLEBERY LN., ABILENE, TX

Upon arrival at 2202 Huckleberry Ln., Abilene, TX, I was told "Penny" was not currently
at the location and I was introduced to "Casey" (W/M), who lives at the address.

Casey stated he did not recognize Sartain and had never met him, but he sent "Penny" a
text message asking her to return to the location and meet with me.

At t't·ame 16:50 on the audio recording, Penny Sue Culwell (W/F, DOB: 09/26/1963)
arrived at this location. Ms. Culwell immediately recognized Sartain's photograph but
said she did not know his name.

Ms. Culwell was trying to remember where she had seen Sartain, when she finally
realiZed she had Seen ~artain with Ken Orr and Angie Jackson (at this point in the
interview, no one had mentioned that I was attempting to make contact with Ken Orr or
Angie Jackson, so I believed her:staiem.ent to be true).
• • ,. '' ••• : ". •. ·, ... ,·;: ;· 1'

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Ms. Culwell (and her daughter "Becky" who was with her during the interview) both tOld
me they iemembeied 'seeing Sartain at the ·RoyaVIiin Motel, b8nging:around the'. ' · ···: :· ·;:
swimming pool With Keri Orr and AngitDackSOii i.D.AUguSt-2009; · · ::.: ~ ·' ·: ·....

Ms. Culwell theri agreed to introduce nie to Ken Orr and Angie JackSon at the Royal Inn
Motel. Ms. Culwell's phone# is 325:..267-t:120,·address:· 61'01 S. ·7rh St., Abilene, TX.

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Page 17 of22
Munn. Kelly I HC-09-0126 PC
NOVEMBER 03, 2009

KE.\':\EJH RA.Y ORR l;\IERViDV
/L\'i:.?JE DAIYN.JACKSON I:VTEXI'!Ei'V
ROYAL INN MOTEL, ABILENE, TX

Upon arrival at the Royal Inn Mote4 Ms. Penny Culwell advised she believed Ken Orr
and Angie Jackson were staying in room #233 or 232; however, no one answered the
door at either room.

NOTE: The Royal Inn Motel is a "dope motel" and is typically inhabited by homeless
individuals and is a place commonly used to transfer drugs and engage in prostitution
activities.

Contact was finally made with Kenneth Ray Orr, WIM, DOB: 03/20/1971 and Angie
Dawn Jackson,
. .
W/F,. 06117/1973.
..
Ms. Jackson immediately became adjacent and verbally aggressive towards me. At one
poiilt she asked if I thought she was acting paranoid I said yes. Mr. Orr was calm and
polite .throughout the interview and
. .
did. everything he could to control Ms. Jackson. ~ .•

. . ...
NOTE: Mr. Orr and Ms. Jackson are both drifters and drug addicts. Both have been in
and out ofprison and Mr. :Orf is a"lnirlizbir:ofa white· silpremacy.groUp' Called "AC~'. :
(Afian Circle):. Neither Mr.~· On-nor Ms. Jackson.lnitiilily wantedtocooperate with me,
but I WaS eventually successful in gaining information from them regarding Sartain.

At frarne~1:52 oftlie audio reeo~.lvf.r. Orr,Jdentified;"TattcioRaymond''..a8Rayinond
Snyder~ and'then ~·"butl:didn) tell you.that~.'::. Mr. Prr·adVised·Jl1e tbat.~eary · ;
Larry" was possibly deceased.

Mr. orr told me that Sartain's photograph I9riked familiar but he (Mt: orr)wouldn'~ttell
me when or .where he·bad Sartain. seen
Then I mentioned that Sartain'had reportedly 6een ·~at the Royal Inn Motel at the
swimmingj)ooi.··.. ... ~· ... ·~:~: '·. :....~:~.1:;,··: ..... , j ·. ·: •. . . ;•.. : .

. - .
At ii·ame 6:10 of the audio recording, Mr. Orr stated that he did recognize Sartain but said
that he· (Sartain) did riot run with the saine 'grol:IP as him and then said that S8rtain'was i :
"AB". .(Ari"anBrotherh;...:..~)·.
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At f1:~;;,me 8:·i0 of the audio·reeording~ I~ld;Mr. Ort·and Ms: Jackso~ that 8.aftain had
been seen hanging around the swimming pool at the motel. Immediately, Mr. Orr stated
that. Sartain Was the man :who.werit tg "Merkle" 'with "Kim",, who· has a kid they· called .~
~Bubba" who was ·apptoXimately..8-10 years old''. ~J::··. c~"·- <"/ '- < .~~ . . :·.._
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Mum, Kcny I HC-09-0Ji6 PC . .
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COYFH)!~:'\Tt\L ir\FOt6•1·\ l"iOS.'WO:t~ <'l~ODl:C.'T

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Mr. Orr twice stated that he had seen Sartain at the pool "four months ago" (August
2009) at the pool. ·Mr. Orr stated that Sartain was drinking with a "big dude" at the pool.
Mr. Orr remembered the multiple tattoos on S~'s body.
NOVEMBER 03, 2009

kR!S!.T /iiAkJE .-\.iCC LL\DO/\' liYTERi-'7EIV
ROYAL INN MOTEL, ABILENE, TX

Kristy Marie McClendon, W/F, DOB: 01123//1981 is a night clerk at the Royal Inn Motel
in Abilene, TX.

Ms. McClendon stated she may recognize the photograph of Scott Sartain. She looked
through all ofher records (Royal Inn Motel guest lists) to see if Sartain had ever stayed at
the Royal Inn Motel. She was not able to locate any record with his name on it.

Ms. McClendon stated that a lot of times, a church or other party will pay for a homeless
person's stay:at the·'motel, and
in that event; the· motel liSts the church or other· ~ . '
orgariizations name, inStead oftlicfhom:eless~pei'S<>n's iuim:e aS the gUest. ~ .·' : .>. '.: '
•.· . ·. - ' . '

~- McClendon ~that she is 60% positive she has seen Sartain in the past, but she
was not sure when. I was allowed to leave some of the wanted posters at the motel.
: • / : ., • / .'. • • ! '

A photograph i)"~f. '6 .J\.) was takeii of this location and the interview was concluded.

As the 1:ecording continued,.I w8lkOO tci the motel bar attached. to the Roy&: Imi Office in.
an atteinpt tO lOcate information regarding Sartain.

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Page 19 of22
Munn, Kdly I HC-09..0126 PC
•

NOVEMBER 03,2009

LX!TF?v· ··DEE .. n·-EJLER INTERVIEH.
"MY PLACE BAR" at ROYAL INN MOTEL, ABILENE, TX

I met with Dawn "Dee" Weiler, W/F, DOB: 02/05/1971, who is a bartender at "My
Place" Bar at the Royal Inn Motel.

Ms. Weiler stated she has never seen Sartain but gave me the owner's name (Homer
Winkle). I left some of the wanted fliers at the bar.

The interview was concluded.

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Page20of22
Munn, Kelly I HC.()9.()126 PC
•

NOVEMBER 04, 2009

JZ.A!v" E. GREER J.\IERVJET-V
CITYLINK BUS TERMINAL (2"'D ST. @SYCAMORE), ABILENE, TX

On November 04, 2009, I interviewed approximately 35 individuals at this location.
Because these interviews were very short and I was in the area of the bus stop for several
hours, I did not record each and every interview/contact made.

However, at t!·ame 0 l :55 of the audio recording, one person who was identified as Juan
Emanuel Greer,B~ DOB; 01/25/1990, stated that he has ~ SartaiJl at the bus stop "a
couple of times;' at approxilnately 1-2:00 PM. Mr. Gr~ Stated~ he I3st saw: Sartain two
weeks prior to this interview (late October 2009) and that Sartaiii by hfulself. was
Mr. Greer stated he recognized Sartain's face and tattoos.

Mr. Gieei stated_hiS phOne# is 325-439-2379 and that his is currently living at the
Abilene Hotel. , ....
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AqW.ckbaCkground on this iridividtw. reV:wea-th8f;his complete name:isc"Juan
Emanuel-Antonio Greer", B/M, DOB: 01125/1990, TX ID card# 026159927. Mr. Greer
is a former 'resident of Waco, TX arufappears to cuirei:ttly. be liomelesS~- -:; ) : •· ->..•
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Page21 of22
Muon, Kelly I HC-o9~126 PC
. . • ,. I ' :•• ' ' ;. -;!

INVESTIGATION SYNOPSIS

I left Abil~ TX on November 04, 2009. During my time in Abilene and immediately
thereafter, I spoke to Mrs. Youngquist on multiple occasions regarding investigation
updates and recommendations for additional follow-up activities.

It is my opinion that additional investigation is immediately needed in the Abilene area,
including follow-up interviews with listed (and newly identified) individuals, monitoring
of the bus stop/bus system areas, attending some of the AA/NA meetings, placing a
"w3nted" ad in the Abilene newspaper, mass distribution of the ''wanted" flier that was
drafted, attempt to ascertain possible video surveillance from the bus stop in Abilene, and
follow-up with local law enforcement agencies regarding the identities and activities of
listed individuals.

After interviewing so many unrelated individuals who have absolutely no knowledge of
the events surrounding the AisapJM?8l811~ of Scott.&~ ~d wpo have absolutely no
incentive to lie or make up stories regarding reSPective; knOwledge of his theu
whereabouts and/or recent sightings, I believe additional immediate follow-up
inv~n e~orts are~ in ihe A.6ilen~ ~ir~~c:._ ~, :_ -- :·: <'~ ·_ '-' _: · . ,.. : : _. . :: : -__ ·-_ :~
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If Sartain is alive· and currimtly' in the Abilene!'~ htfmay attempt to flee the area and
go back into hiding if he catches wind of our attempts to locate him.
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End of Report. : _: :·. ·
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8 pages o'fattachments'include: ... : >',. '-. ·_::: :-!~_. ·<\·..._. ,- i': '· ':' ;:· : '\:: : -.:·' ;_, ·_.. i:' .: _.- :· . ':.'.
1. _l.A. .. lbe-~card~ frolll-th(r180:House~:··:;;:·~::'-~::. _,~ j_,.._ ,_>.l..:. :'! ·:;.1 ~.::_ .: :.::.:- -.-:. :_ ..-:
. ·2. ·l.B; ~ Photographof2102Aniy L~·Abil~~,tJx~:; ~.·:.--,_;· --.;:.:· ·. :·_;_ r.-.:·,;,_; '.: -~·f
3; _· 2.A. - Photograph of211 0 Amy Lyn, Abilene. TX
4. 3.A. -Photograph of2234 Amy Lyn, Abilene, TX
5; . 4.A. ·- Pho~graph ofl758 CollinS. Abilene, TX . ·· ·· ·,'
, .·:

6. · S.A.- "Warited"~fliei · ::: · i· _> , ·;; · : · ·1 ·'. ·. '· • ·• ·/ ~ .. ·: ~ ~· ·: · r .'
. 7. ·.6.A. .:.PhotogiapbofR.OyaUnnMo~I;Abilen¢, rx:.:.:•·. ·.. ·: ·<>;·_.~L;;:
8. · ·. 7.A. -·PhOtograph of Cit}r~inK bu5:termirial; '2~ Sf @ Sycamoie; ·Ab~e, TX

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MIID!l, Kelly /HC-09-0126 PC. : :· ..
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SS#: L\ 6'1 :- lo S - 1 (Q S \ DOB:;_YL..:::::::..+--!....1----~--.--
Treatment:.tf\ · f\ ./Yl~ 41 years old
);> 5'07" to 5'08" tall
);> 160 to 175 lbs.
);> Blue eyes I Brown hair (or bald)
);> Multiple tattoos all over body
);> Is a diabetic
);> Is a known drug user (primarily amphetamines)
);> Is known to be homeless sometimes

We are interested in talking to anyone who may have
information regarding the above missing person.

FOR INJFORMATll:ON ILEADKNG TO THE
LOCATliON OJF TJH[[§JPERSON~
Please contact us for a confidential interview
Private Investigator Matt Wallis
469-628-7535
.EMAIL: ID.wallis@haloprotectionservices.com
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