Henry, Willie Iii

)

•.
To the Clerk of the Court of Criminal Apoeals: 8-25-15

Please find enclosed,,motion for leave to file nandaous, ceti-
tion for' '.!r it of ~1:3.ndar.,1s and "'!xhi b i ~:s . T? lease file T.Ti th t 'n.e court
and I also request that a copy of all exhibits be sent to the
Respondents. These' are my only copiss and ~ have no r..ray to m::>k,e,
cop~es of those doc~gents- I did send carbon copies of the rest.

Sincerely,

RECEIVED INl
~lOf CRIMINAL APPEALS
SEP 03 2015

This document contains so~e
pages that ar~ of p~or quality
®t the time of 1magmg.
 IN THE COURT OF CRIMINAL APPEALS, TX.
IN RE 'WILLIE HENRY, III'

WILLIE HENRY, III §
RELATOR IN THE COURT OF CRIMINAL
§§ APPEALS OF TEXAS
vs.
§
252ND CRIMINAL DISTRICT COURT,§
JEFFERSON COUNTY, TEXAS;THE
STATE OF TEXAS, §
RESPONDENTS §

IN RE 'WILLIE HENRY, III'
MOTION FOR LEAVE TO FILE

TO THE SAID HONORABLE COURT;
Now comes Willie Henry, III, Relator files pro se, and ask
leave of court to file an original petition with the Court of
Criminal Appeals for a writ of mandamus, and would show the
Court the following;
I.
Jurisdiction
This Honorable Court has jurisdiction to review the order

and judgment from the 252nd District Court of Jefferson, coun

-ty, Texas under TX. Const. Art. V § V; TX. Govt. Code § 22.
221(b)(1). Mandamus is availbeto correct a trial court's

deprivation of Fundamental Constitutional Rights. A relator

who demonstrates that the order or judgment challenged is
void need not demonstrate that remedy by appeal is inadequate

Dunn v .. ligon,_430S.W .. 2d-704_ ".\.t.~. t__.C..~. ~ ~.03

II.
Extraordinary Case
This is an extraordinary case that requires the Court of

Criminal Appeals to exercise original jurisdiction because:
1. The deferred Adjudication order from cause no. 98575 is

1 of 4
void because the Relator was denied his right to trial by jury.fh
waiver was involuntarily and unintelligently given. Brady v. U.S.
39 7 U.S • 7lf 2 ~ ~ 2..Q_ S . CT . , llf 6 3 , 14 6 9 ~ _2 L .. Ed . ~ 7 47 ( T9i0T-
2.Relator was denied his Fundamental Right to Effective Assist-
ance of Counsel, where the trial court failed to inquire into
a conflict of interest which was before it.
3.Trial court abused its discretion when i~revoked probation
from a void order.
4.trial court abused its discnetion when it ruled without sup-
porting evidence. The plea nor the purported judicial confess~n
ion are valid due to IAC and ambiguity in plea agreement since
the vital SBI element was concealed from plea agreement.

III.
Ministerial Duty of Respondent

On the 1st day of October, 2007, The Honorable Judge Layne

Halker was the duly qualified and acting ju.dge of the 252nd Crim-

inal District Court of Jefferson County, TX. for cause no. 98575

styled, State of Texas v. Willie Henry,III, and entered an impro-

per and void order to wit:

1. On August 27,200~,the trial court received the plea agreement

with attached waivers and stipulations and ordered a PSI and

reset until Oct.1, 2007.In the report, it was made known that

there was a conflict of interest between defendant and his
\.

attorney. Triaililcounsel told dfendant that he could not have

representation in a jury trial without more money even though

defendant wanted jury trial. (R.R. v.5,p.14) (Relator's only

other copy of Psi was served previou~ly to parties and court)

Respondent had an independent duty to ensure a fair trial by

inquiring into the conflict of interest and a duty to protect the

defendant's right to trial by jury, but failed in that duty.

2.Respondent committed a fundamentally unfair act in accepting an

involuntary plea and inadmissible evidence of the judicial con-

fession, which was not intelligently entered, nor was it vol-

2 of 4
untarily given. Because the plea papers omit the essential el

-ement of serious bodily injury and that element was not con-

tained in the original indictment, the defendant was denied

actual notice of the accusations against him and the judicial

admission was mistakenly given since serious bodily injury

did not take place. The trier of fact could not have found

all of the essential elements to have been proven beyond a

reasonable doubt. V.T.C.A. § C.C.P.Art. 1.15; P.C.§2.01

3. Relator has been deprived of liberty without due process

of law which renders order and judgment void. _In re

- _Taylor, -130-S.W.3d-448;_U.S.C.A.1M,6;_Tx._Const._1§15

IV.
Petitioner has no Adequate Remedy by Appeal

1. My trial lawyer abandoned me immediately after the Oct.1

2007 sentencing. I addressed the issue in Habeas Corpus

in writ 73,015-01. (Do not have a copy) However, even

though my trial attorney states in his affidavit in the

proceeding that he had no further obligation to me, the

habeas court never addressed the issue and failed to grant

relief by out of time appeal. (This court has a copy of

that affidavit but I was not served one by attorney)

2.I have filed mandamus in the 9th Coa but argued wrong due

to the fact that I've had no actual assistance for a mean-

ingful review, which is supposed~ to be a Constitutional

Right, I've been barred from presenting another mandamus

to that COA. (09-13-00195-CR) May 8, 2013

3.Appeal lawyer after adjudication of guilt was ineffective

for raising IAC of trial counsel Only. -Issue is not a
claim that can be reviewed on direct appeal.(09-09-00029cr)

3 of ~
 IT.
Motions and orders involved

The motions and orders involved are attached as exhibits

and are marked A through~~---and made a part hhereof.

VI.
Prayer

Wherefore premises considered,Petitioner prays that leave

to file this petition be granted, that the same be set for

submission, and that Writ of Mandamus be issued by the Court

ordering that the order and judgment in cause no. 98575 set

aside and to declare the order void. In the alternative I

ask this Court to reset the time table to file for out of

time appeal and motion for new trial.

Re~~ectfully Submitted,
\JJ ·&v, M.Q.N--e:::;--a - \7\o $.12_
Date
voluntarily, and intelligently entered a-nd- are inadmissible.

as evidence and violates due process.

\D
5. The waivers in this case were signed without a recommend-

ed punishment to be imposed if guilt was adjudicated and

are not voluntarily entered. Had trial counsel not aban-

doned his client after the deferred adjudication order the

defendant would have elected (if properly informed) to

file a motion to adjudicate guilt and file motion for a

new trial within 30 days. Because trial counsel abandoned

defendant, as attested to in his affidavit (73,015-01) he

has been denied any meaningful review on appeal and denied

counsel during the time to file a motion for a new trial.

6. The Respondent was prohibited from accepting the nolo plea

which it knew or should have knor.rn was involuntary.(£..)(. \f.5 P-\4)
"the Constitution forbids acceptance of a guilty(nolo)
plea to a criminal offense unless that plea is entered
both voluntarily and knowingly." Diaz v. Martin, 718 F.
2d, 1372 (5th cir)
7. Relator believes he has shown that the waiver(s) were not

voluntary nor intelligent. Where that is the case, the

Courts of appeals have stated that the judgment is renderea

void. State v. Vasquez, 140 S.w.3d, 758,59; Michigan v.

Jackson, 475 U.S. 633, 106 S. CT. 1404; U.S.C.A. amend. 6;

Tx. Const. art. 1 § 15 Vacating a void order is a minister

-ial duty. Ex rel Bill~Hill v. COA 5th district, 34 S.W.3d

924, 927 Relator believes he is entitled to vacation of

order and entitled to remand to the trial court to answer

original indictment.

\\
 SUMMARY

the trial court shifted its responsibility to ensure a fair

trial entirely to counsel, (R.R. v.2,p2)asking if counsel explain

-ed the admonishments which were not signed in open court; but

fails to admonish and ensure that defendant understood his right

to jury trial if desired, right against self-incrimination~which

there was no explicit waiver contained in plea papers), and chose

not to inquire if the plea was truly given because defendant was

in fact guilty.

Once the trial court received the PSI it should have withdrawn

the plea on its own motion. Sancbez ~St.~ 5~3 S.W. 2d, 132

then the trial court was obligated to conduct inquiry into what

it should have reasonably inferred may have been a conflict of

interest after reading in the report that defendant denied commit

-ing the offense but ran out of money to pay counsel for repre-

sentation for a jury trial. When the defendant was asked if he

entered his plea on his own free choice, (R.R. v.2,p.2), that

answer was based upon misinformation relayed to him by his att-

orney and the failure to apprise him of the SBI element namely:

1.that he had to have more mon~y to exercise the right to jury
trial.
2.That the nolo plea was not in any way admitting guilt
3.That the plea deal charged him with alesser-included offense
of sexual assault as alleged in the grand jury indictment in
cause no.86400(never told he was reindicted on(98575~
4.The failure to apprise defendant of the SBI element from or by
any source pr~or to the plea hearing. Miller v_ Champion~ 161
F.3d 12~9~50

Relator contends that after receiving and reviewing the PSI,

any reasonable trier of fact would necessarily have a question

as to the voluntariliness of the constitutionally waived rights

\~
and the actuai voluntariliness of the plea, which would warrant a
further inquiry by the Respondent. C.C.P. arts§ 1.05, 2.03; TX.
Code of Judicial Conduct Canon 2A, 3B(2) ,3D~2); U.S.C.A. 6, 14

Because the purported judicial admission omits the SBI element
and that element was not included in the grand jury's original in

-dictment, which was the 'live pleading' at the time that the
admission was signed, the Respondent could not have found the
d~fendant guilty of committing every essential element of p.C §

22.02 aggravated assault with SBi beyond a reasonable doubt. P.C.
§ 2.01; U.S.c.A. amend. 14; C.C.P. art.§ 1.15 the trial court
had no factual basis for the acceptance of the plea. fffiire is
nothing in the record to support a finding of SBI as defined in
TX. P.c. § 1.07 (a)(46). As a crucial matter of fact, if this
Honorable Court will order the Suate to turn over the complaint
of the alleged victim, mrs. Barbara Wherry-dean, it ~ill find
that no such claim of SBI was made under oath, and will show

Prosecutorial misconduct by Mr. Perry Thomas by charging the

defendant with an offense that he knew was not supported by
probable cause or by oath from complainant.
PRAYER

WHEREFORE PREmiSIS CONSIDERED, ~ETITIONER PRAYS THAT LEAVE TO
FitE BE GRANTED, THAT THE SAME IS SET FOR SUBMISSION, AND THAT A
~RIT OF MANDAMBS BE ISSUED BY THE COURT ORDERING AND DIRECTING
THE ORDER AND JUDGMENT BE SET ASIDE AND DECLARED A NULLITY. 6R TO

RESET THE TIME TABLE TO FILE FOR OUT OF TIME APPEAL AND MOTION
FOR NEW TRIA)_,.

-\))~Ju__ Mn~-
SIGNATURE 1'ro SR__,
-%~- a\Q ~ _\S_ -
DATE

\3
 Certification under r.App. oro. 52.3
I Willie Henry, III, do ce~tify that I have read the oetition
9nd certify under the penalty of perjury that all factu9l state-
cents are supported by competent evidence in the appendix or in
the record.

Certificate of Service
I i)illie Henry, III, do certify that on this the_ . d\u~ day of
August, 2015 9 true and correct copy of the above and foregoing
Motion for leave to file and petition with copy of the unsworn
decl~rabion was .s~rved on the District Attorney's office, Jeff~r­

son County, 1001 Pearl St., Beaumont, Tx., by u.S. Postal mail.

_\0&9;~&~-
'Jillie Henry
Pro Se
 INMATE_AEFIDAVIT_OF_UNSWOBN_DECLARATION

My name is Willie Henry, III, and I am over the age of 18 years
of age and I am competent to give the following statements. I am
currently incarcerated at the Wynne Unit Pr&son, Huntsville, TX.
My TDC # is 1550834. I am being held illegally.
In September around the 1st, I retained Mr. Audwin Samuel to
represent me in cause no. 86400 from Jefferson County, Texas, in
the 252nd district court.
1. I told my attorney that I was not guilty when he discussed the
indictment in cause no. 86400.
2. I told him that I wanted a trial by jury and he gave me a fee
of $1,500.00, and later went up to $1,900.00. 1
3. I was never told about the reindictment under 98575. See the
exhibits attached to 'the affidavit as proof that I never saw
nor signed any of the resetting sheets and that as late as May
2007, in his motion to withdraw, he was still using 86400 no.
which the clerk of the court had to correct.
4. Afirer. the motion to withdraw was filed ( Hhich he didn't send
me a copy until the weekend before the hearing; he decided
not to *ithdraw because I gave him what he said I owed him.
5. On the scheduled date of trial, he told me 'that I had to
pay him another $3,500.00 immediately or I could not have
a trial by jury as I requested. But I was told that I coilild
not say anything to the judge about it. So, I told the PSI
interviewer.
6. I asked about bringing witnesses in my favor but was told
the judge is not going to allow me any witnesses.
7. I was told that aggravated assault was the lesser-included
offense of sexual assault under P.C. § 22.011(E)
8. No one nor anything apprised me of the serious bodily ~lement
of aggravated assaul-t. Had I knovm and was given a choice I
would not have agreed to enter the agreement or plea.
9. I was never warned about my right to not give evidence against
myself.
10. ~vhenI signed the form stating that I was or had, commit ted
every element alleged in the charging instrument, that did
not include, nor was it meant to include serious bodily injury,
because the only indictment ever discussed with me was the in-
dictment that was labeled as count II. (attached to this affida-
vit/unsworn declaration)
11. The courtroom was locked and closed to anyone entering ex-
cept my attorney, myself, reporter for court, and district
attorney. it was not a public trial at all.
12. I did not understand that I did not have to wa~ve my consti-
tutional rights just because I became indigent. I never wishe
to do so at all but was tolfi I had no choice without money.

Every statement contained herein is trua and correct and given
by my personal knowledge. I have read the petition and certify
that all factual statements are supported by competent evidence
in the appendix or record. I declare under the penalty of perjury
that the statement~ are true and signed by me this-the 25th day
of August, 2015.

(,;.,
 COUNT II
THE GRAND JURORS for the County of Jefferson, State
aforesaid, duly .organized as such at the July Term, A. D.,
2005, of the Criminal District Court of Jefferson County, in
said County and State, upon oath in said Court present that
WILLIE HENRY, III, hereafter styled the Defendant, on or about
the 1st day of May, Two Thousand, and anterior to the
presentment of this indictment, in the County of Jefferson and
State of Texas, did then and there sexually assault BARBARA
WHERRY DEAN, hereafter styled the Complainant, by
intentionally and knowingly causing the penetration of the
female sexual organ of the Complainant by inserting his sexual
organ, and the Defendant was a clergyman who caused the
Complainant to submit and participate by exploiting the
Complainant's emotional dependency on the clergyman in the
clergyman's professional character as spiritual advisor,

AGAINST THE PEACE AND DIGNITY OF THE STATE.
 qgsr:;
N0.86486

·STATE OF TEXAS § IN TleSTRICTCOURT
§
vs. § OF
§
WILLIE HENRY Ill § JEFFERSON COUNTY, TEXAS

MOTION TO WITHDRAW AS:COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
Audwin M. Samuel, Movant, brings this Motion to Withdraw as Counsel and in support
thereof shows:
1. Movant is attorney of record for WILLIE HENRY Ill, and was employed to represent
Defendant.
2. Reasons to withdraw include: a. the client has not completed his contractual
obligation in this matter.
3. This withdraw is not sought only for delay, but that Defendant may retain counsel of
his choice and may justice be served.
4. The last known address of WILLIE HENRY Ill, 6000 Faye Circle, The Colony, TX
75056.
5. A copy of this motion has been hand delivered to Defendant, who was thereby
notified in writing of his right to object to this motion.
6. The pending settings in this case is August 27, 2007 for Trial.
7. Movant prays that the Court enter an order permitting Movant to withdraw as attorney
of record for WILLIE HENRY Ill
Respectfully submitted,
·
.. ~ .._·_ ·:.
The Law Office of
····-
Audwin M. Samuel & Associates
c·::7': 505 Milam, Suite 100
LLJ ~--~- c·~- - Beaumont, TX 777 1
~< ~::
L'-- - .. . !":-.: (409) 8 -4111 l
.· -· ;~:~:~

·- ··<
f- ..
. ~J
~..... ~. ',•... -.. .....
By:-:tt::l'Ul!!!!.~v:-J~~b--------
-Lt.- ':) '\
DW
.· ~ Audwin M muel
State Bar No. 00791595

fel_wtdr.mtn 10
I agree with this Motion an~ do not oppose Audwin M. Samuel's withdrawal as attorney of
record in this case.

by:
WILLIE HENRY Ill

NOTICE TO CLIENT

This is to notify you that this Motion for Withdrawal of Counsel is set for hearing at the
time and place stated herein. You do not have to agree to this motion and if you contest the
withdrawal of Audwin M. Samuel as attorney in this cause, you should appear at the hearing. If
you do not oppose Audwin M. Samuel's withdrawal as attorney of record in this case, you may
appear in court and inform the judge that you agree with this Motion. Included above is a list of
the pending settings and deadlines in your case, which you will have to keep even if the motion
is granted by the co1 !rt.

BY~~~
· A in M. Samuel L
STATE BAR NUMBER: 00791595

NOTICE OF HEARING

The above motion is set for jury trial on. _ _ _ _ _ _ _ at _ _ , in the courtroom of

the _ _ _ _ _ _ _ _ _ _ _ Court, 1001 Pearl Street, Beaumont, Texas.

Signed on _ _ _ __

Judge or Clerk

fel_wtdr.mtn 11 2
 CERTIFICATE OF SERVICE

This is to certify that on May 1f, 2007 a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Jefferson County, 1001 Pearl
Street, Beaumont, Texas, by hand delivery.

fel_wtdr.mtn 12 3
STATE OF TEXAS § IN THE 252ND DISTRICT COURT
§
vs. § OF
§
WILLIE HENRY Ill § JEFFERSON COUNTY, TEXAS

ORDER ON MOTION TO WITHDRAW AS COUNCIL

On _ _ _ _ _ , 2007, the Court heard defendant's motion to withdraw and it is

THEREFORE ( ) GRANTED/ ( ) DENIED~

Signed O n - - - - - - - -

Judge Presiding

13
fel_wtdr.mtn 4
 ~
Jun~22-07 04:11P Law ~-f of Audwin Samuel 409 ~38 2220 P.Ol

The Law Office oj'
.Audwin M. Sa1nuel &. Associates
505 Milam APenuc
Reaumont, Texas 77701
(409) 8.1.'1-4111
Fctx: (409) 838-2220

FAX TRANSMISSION COVER SHEET

Date: June 22, 2007
1 at
cEIL ED
~ o'clock f'
To: 2S2"' District Court M

Fax: 409-835-8656 JUN 2 2 2007
LOLITA. RAMos
Rc: Cause No. 985 75 STR/ T COURT OF JEFFERSON CO., TEXAS
BY
DEPUTY
From: Audwin Samuel

j -·--,
YOU S'HOULD .RECEIVE 1 . PAGE(S), INCLUDING THIS
COVI:.'R SHHFT. IF YOU DO .NOT RECEIVE ALL TI IL' PAGE),
PLJ!ASH CAIJ, (409) 833-411 I
This is to give notice that. I am passing on the hearin.g. that is set for 6-''.5-
Q.? and that I no longer wish to withdraw front the ~bove mentioned
cause. Thank you.

The infonnation contained on the following pagc(s) is CONFIDENTIAl,
and intended only for the individual named above. Any other use,
dissemination, or copying of this communication is strictly prohibited and
is a tortuous interference with our confid~ntial business relationships. If
this document was crroncouslv sent to vou please notify us immedi:H.dy
~ " -
at the phone m.nnber listed below and then destroy this docurnent.
Thank you. ( 409) 833-4 J l J

ORIGINAL WILL _ _ I WILL NOT X BE M.AILEJ).
1U
 t{252ND c )CRIMINAL ( )DRUG 3 .~ 'RUG • 0~,, \\.)"'
: ., ~~ DISTRICT COURT OF tiEFPEfiiON COUNTY, TEXAS

No(sLgj 51[ __. ---·--·--- ~late vs1J J{L L_& flj-Jll=-
Date:___ 9:L~--
( ) Designation of Attorney

( ).Arraignment/Announcement Diiiiidinl ________________ --------
( ) Hearing of Pre-Trial Motions

( ) Plea or Disposi1ion

'fury lllat/ Court trial

( ) Probation Revocation Hearing/Plea

( } Probation Revocation Announcement
P"rtftiNima-------·- --------------
( ) Post Conviction Motions

( ) Sentenctng

( ) Bond Proceedings
( } Habeas Co~p~.~t.
( ) . __l_t3
..-101-Jtor---:"'(1) (2) (3)
~Pr~o- ---

-------------------·-- __ ___________ ...., . ......,.. ___ __
._...________________________ _
---------------------· --. ------.. -------------------------------------------
NODCE Of RQmJNQ

THIS CASE I& RESET UNTIL . ~ J.f2__20Qtaliil ~.1
~· 0
. AM M
_( ) not reached/continued from Trial Docket

::::;_____._JI~/!J~([j_~fJ!J!:!if_l!_([r!l __ ~&_'f_Q2~---
-----:-----·------·- · · · . ---· -·-··=r-----q+---------------·-----------
-----·-------·-·····~·- ·····-· ·-· ····-····-··j___.____lJ_t___..:___________··----··-----
-----·---·-·-·--·-····--· -· -·· ...... _____ . ___________ ...._ _________________ ------------- .

7
Court Offtclal
 ~ f?ll\ 'f-tz5ZND , ,CRIMINAL 1 JOIIUG ~ 1 )Dh"G •
. DISTRICT COURT OF JIIIPIRION COUNTY, TEXAS

No(sL __ q~S_-£_________ lttale .,•. ___L!_i_l,k__ ~~
Date: Q-(0-Q::,
----·-------· ·-·----

_ ( ) Designation of Attorney

( ) ArraignmenvAnnou~ment oeiif*'l_________________ ---·----
( ) Hearing of Pre-Trial Motions

·(,r.'• Disposition
.Jr:f...Jury trial/ Court trial
( ) Probation Revocation Hearing/Plea

( ) Probation Revocation Announcement Piift't-Nime _________ ----------:----
( ) Post Conviction ·Motions

( ) Sentenctng

( ) Bond Proceedings
t j Habeaa ColpUt
i )
.. --Pr~O-IItci~D--:-(1-:-)~(2~)-:::(3::-)
tiL
---------------------- -~-------------.- ____ __. __ ____________________________
.
-------------·-·-----·-····-------~--------.- ...------.-.-..----------------·-------
Ncmq Of B"'!T!W!

rHIS CASE IS RESET UNTIL ~- __l__:i__mo] 0 ~J
) not reached/continued from
::nJRT JCTES:
9-\ ~ ~Trial Docket - AM M
---·------ ... ···-·-- ----··-- . ·~-----··--···---···- ..----.. ·----------------------------------···
-~ ·----- --- ------·· ····-··- ··--- _____ ___________ .......,
.., ______________ ____ _ .-,

------------·--···. ·---·-·---·-·····-···-··----·-------........-----------··---------
-------------· _.. . . · ---·--------p:=-------------------. .J ·- 8
 ~52ND ( )CRIMINAL ( )DRUG 3 ( )DRUG •
OfSTRJCT COURT OF JEI'P!RIOH COUNTY,· TEQ.S

No(sL __ CJt~5J?_______
Date: -c' ~·\~-0]
-----~-------------

( ) Designation of Anorney

( ) ArraignmenVAnnouncement
-----------------------·--------
DefecldMt
( } Hearing of Pre-Trial Motions

or Disposi11on

~ury triaL! Court trial

( ) robalion Revocation Hearing/Plea

( ) Probation Revocation Announcement

( } Post Conviction Motions

( ) Sentencing

{ ) Bond Proceedings
( ) Habeas Corput

( )
ProHcenor (1) (2) (3)

-------------~---------------------~-------.;__

--------------·-----· ~-- ....
_________________________
______________________ ____________________
.,;.... ________ _;..

NODCi Qf BQI'IIWA

THIS CASE IS RESET

----·------- . -...:__ ---· ------------------------------···
------·--··--···------------ ..
--------- ------· ····· ··- ---- -·---------------------·--------~_..;,------
.------------·-- ···-·-- ---···- -- ·-·- ·-·-·-- ---·----------~--------------·----
----------·--·-·---· -· -··-· ··-·-·--··------------------------ ------------- 9.
~
 \><'\ )fJ252ND ( )CRIMINAL ( ')DRUG ~ ( )DRUG •

DISTRICT COURT OF JEPPIAION COUNTY, TEXAS

NoCsL _ _ q~S Q_ _____ $1ale va.~±\.o:nT
Date: ___ k_~1~'2____ ·
( ) Deslgnauon of Anorney

( ) ArralgnmenVAnnouncement
---------------· ---------·----
~ Hearing of Pre-Trial Molions Daflndlnl

( } Plea or Disposition

( ) Jury triaL' Court trial

( ) Probation Revocation Hearing/Plea

( ) Probation Revocation Announcement PrintN&me ___________________
( ) Post Conviction Motions

( ) Sentenctng

{ ) Bond Proceedings
( ) Habeas ColpUt.
( ) ~__L[-1:_
PfOIIQftor (1) (2) (3)

------------------ . -----------------------------------------------------
--------------·-----· . __ ... _______________________ ________________________
.:__...

NQDCE Of BJUDlHQ

THIS CASE IS RESET UNTll ~ \CQ
~ ) not reached/continued from - - - - - - - Trial Docket
10QioJj.'fJ .
COURT rct'ES;

========~=======~::=rn~~~~~~======-. ~==
.-----------·----·---·-· · - . .-·-·- - -e
~~-- ~ .
-to~d~:o~-------
---------·--·-·---·--··-- _______.___lc_~------~------ ------------- 14
~
 ( )252ND ( )CRIMINAL ( )DRUG 3 ( )DRUG •
DISTRICT COURT OF JEFPEAIOH COUNTY, TEXAS

No(s) ·
.
q<6SIS
--------------·-----
Date: ______tQ..:.
/: -Jf3-0l
___ ·-··-----

( ) Designation of Anorney
( ) ArraignmenVAnnouncement ·

I) Hearing of Pre-Trial Motions ·jY\--r--J
~')JPlea or Disposi1ion .

( ) Jury triaV Court trial

( ) Probation Revocation Hearing/Plea

( ) Probation Revocation Announcement
Print N&ml ________ -~-----------

( ) Post Conviction Motions

( ) Sentencing

{ ) Bond Prooeedlngs
( ) Habeas Corput.

( )
-------4~~-
PI'olec&ftor (1) (2} (3)
______________________________________________________ ______________ _ _:_

--------------·-----·~--------------------------..:...----------------------------

NOTICE Qf fliii'IDHQ

THIS CASE IS RESET UNTIL ~· as 10§/ ~\3:)
( ) not reachedlcontinueo from -~G~--,!...l'6-=----o-=)J~- Trial Ooc;ket
COURT NOTES;

----·------------ ---- ------·---·--···...:. ____________ ~------------------------------···

--------- ------- . - ·- ----- -·---------------------- ------------
.-------------·- ··--·-- -~-·-·· -·- ·-- ·-·---- ---------------------------------
---------·--· -·--·-· -· ---- . -· ---·--------------------------- ------------- .
15

Court OCficial
 ' .
.. . \' \ .. ·
-':

~52ND ( )CRIMINAL ( )DRUG ~ ( )DRUG 4

OJSTRJCT COURT OF JEFF!AIOH COUNTV, TEXAS

No{s}_ __ qC6 5]_2_________ aaate va.

Date :__ £L:)l:Q]___ _
· ( ) Designation of Attorney
·....
( ) ArraignmenVAnnouncement

( } Hearing of Pre-Trial Motions

( ) Plea or Disposition

( ) Jury triaV Court trial

( ) Probation Revocation Hearing/Plea· .

( ') Prooatlon Revocation Announcement

( } Post Conviction Motions

·'Jfoentenclllg

i {Bond Proceedings
/( ·} Habeas Corput
! ( ) ______
-----,..

~(1)(2} (3)

-------------·-·----~-----------------------~----·-------:--------------
--------------·-----·~--------------------------..:....-------------------------

NQDCE Of BIIIJIWQ

TI'IIS CASE IS RESET UNTIL { ) t +{ .•;.l

( ) not reached/continued from Trial Docket

:::::____ ---- ---- ________________________ltla__C · _11// 7SO· 0 e
--------- ------~ . -··- ---- -·-~------------- -----------------2 f/'f} .

___ --·--
-~-----.:........ ---· ... -·- -~---- ---------------·-----. __ __________ _
-· -·-- ·-·- ;_
18
--------·--------· -· --·-·- -·-·-· --··------------------------- ------------- .

Court Olfic!ai
. .cb . ~-.
Li.~-,'6,~ ~
\ b\
.. 0
252ND DISTRICT C01JRT OF JEFFERSON COUNTY, TEXAS
No: 98575 State of Texas vs. HENRY, Willie Ill
Date: /0 -(-0 7 Offense:
AGGRAVATED ASSAULT

DEFERRED ADJUDICATION ORDER

TERM: THREE {3) Years

In the b~st interests of so?iety. and the defendant, after hearing evidence, the Court finds that it
substantiates the defendants gwlt; defers further proceedings without enterina an adjudication of guiit
for the te.rm ...shown. ~bove; and places the defendant under the 5 ~1 pervision '"'of the Jefferson County
Com~umty SuperviSion and corrections Department (JCCSCD), s·ubiect to your obeying the fol'ow1·ng
conditions: · · •

1. Commit no offense against the laws of thi~~ State or of any ot11er state or of the United
States. ·
2. Avoid injurious or vicious habits.
3. Do not associate with any ~isreputable person or be present at any location where a
criminal act is being committed.
4. Report as directed by your' Community Supervision Officer and obey all rules and
regulations of the JCCSCD. .
5. Permit your Community Supervision Officer to visit you at home or elsewhere without
restriction.
6. Work faithfully at suitable employment, attend educational programs, and/or perform
Community Service Restitution for a total of not less than forty (40) hours weekly and
provide verification of such. '
7. Do not leave Jefferson County without the permission of your Community Supervision
Officer.
8. Properly support all of your dependents.
9. Immediately report to your Community StJpervision Officer any ·Change of address,
employment, or marital status; any arrest; and the source and amount of all income.
10. Do not use or possess any drug, except under the order of your doctor.
11. Do not become intoxicated or be under the ir.fluence of any intoxicating substance.
1.2. Attend rehabilitation, treatment, residential programs, and counseling as directed by your
Community Supervision Officer, pay for s.aid treatments as directed, and provide verification
of such.
13. Do not enter any bar, tavern, lounge, or sirr:ilar place.
14. Perform 800 hours of Community Service Restitution (CSR), a minimum of fifty percent
(50%) to be served within the first year of receiving community service, to be served at a
location t.o be determined later by the Court and the supervising jurisdiction. .
15. Be inside your home every day between 10:00 P.M,.and 6:00A.M., except for employment
purposes. ·
16. Abstain from the use of all intoxicating substances, including alcohol, in any form and at all
times.
17. Submit to alcohol and/or prug screening at the direction of the Jefferson County Community
Supervision and Corrections Department (JCC~iCD) or supervising jurisdiction.
18. Have no contact with the vlctim(s), either in person, by telephone, via mail, electronic
mailing, or through a third party: Barbara Wherry and Aqua Wherry .
23
.. -.{

19.
Submit to a Sex Offender ~ssessme~t.and pay the requirecffee($3"50.00):, as direbted'b .
J~1ffebrs?n Coun~y Commun1ty Superv1s1on and Corrections Department (JCCSCb)· ' which
WII e Included 1n the defendant's monthly installment.
20.
Transfer this case to Denton County, Texas for courtesy supervision. .The defehdant. is
ordered to obey all rules ~nd .regulations of the supervision jurisdiction.
21. Pay the amounts shown tn th1s order in the manner set out in this order.
You are hereby ordered to pay the following amounts:

Fine $ 750.00
Supervision Fees $ 60.00 /mo.
Court Cost $ 200.00
PSI Fee $ 350.00 Attorney Fee $ .;().
Crime Stoppers $ 50.00 (B)
Sex Offender Assessment Fee $ 350.00

Pay these sums in a monthly amount of$ 110.00

Follow all Special Conditions imposed in writing.

The Court authorizes your Community Supervision, Officer to modify conditions of community
supervision and to transfer you to any community supervision program or residential facility deemed
appropriate based upon your risk to the community and the level of your rehabilitation needs. If you do
not agree to the modification in writing, the Community Supervision Officer will refer the case to the
Court so that a hearing may be conducted."

Court Comments:

Judge Presiding

1have received a copy of this order. I agree to follow all ~ondition.s lmpo~e~. upon me and I know that
this community supervision can be revoked for any viola~ton. l.wtll. :em.atn 1n the legal c~stod~ of ~he
District Court of Jefferson County, Texas and 1 hereby wa1ve extradttlon lfl:am charged w1th a v1olat1on
and am arrested in another state.

Defendant

24
 ·-"
---
Sripulations. Waivc:rs c\: Judicial Admission
Cnm"·' nm·. ilic dclcndant. ,IDin(;d b)· 1111 counsel. ;JtHJ :\:.:Jt:::s tiut lundast;Jnd tk: forcgo111~·. ;Jcin~•.:nJ;•rihJilad~. If counsel ,,.,,s :~ppoin1cd. I g11l' ur Jnd \I'Jii'C am·1ir11c pr01'Jdcd 10 r.tc h· /;r,,·
~~· prcp:frc fe~~ lrt;:i_ I <1111 lcn;,li\ ~alisficd ,,·itlltilc rcprcscni
::11 Cl\ It' m·: b1 l;t\1. 1\'hcthn ot' forn;. subsL:.lrJ~C or pm~cdurc. Joined oy Ill) attornc1 _.I giYc up m1 ngh1 :c,
:• 1::r-' :r: 1ili:; ::;s:: :1nd :tn· fJ 0.ill 1c t/1:.: appc:nan-:c. :.:on:·ronwlion and ::ross cxamin:Jiion of th~ 11 1tn<::,scs
~(·n<.~til 1c' o~;il :; 1C 11riw:n s:ipulations and :1grcc that tiler ma:· ix: considc;c;d a> c\·ici::ncc in rm c;:s·~- i
i;;JI":..' rc:uJ ·.IJ..: cit:::<:"'!; insln;m;;:nl and :m anorn~y i:a.; c:-;pl:~incd i1 10 n1:.: and I COI!llnillcd c;J;:h :rnd :.:1·crY
~i:.:lll::ll! ;rlit!l.:.:d I 1.;r1·c trr Ill\' rig/11 ie; confidcnlii.!li!y oflhc prr.: or pn: 1c ;u:J :it:ll\crrb;;c! 10 hclorc llH h_1· Ilie D::fcmtu:l on Ihis dale. I hcrt:h' :.:cni!·_, ti:ili ik ihutni'PI'IIIi
':!Jr1wn b·.::i("1H' and 'JT\ !h(' docke1. siH!C! ~ndior coznnlltni!~· su~rvision (ildcr is i.h:H.o:' tile d~!~n~!,iiH ::~ dr.:,

E~IL ED
•~ 1
1
c 'r)n--'·
;· ;
~~~~-- ! • u,.t. _.;..;·-:--=-----
: ' ,,

.~.us 2. ! ?ou:··

Ddrll(!ant\ Post Col!l'it:tion \Vain:n

'ill:.:; n:·'" !!I~ ::ki~ntLirJ! IOI!l('.C lw iii' cour:scl. ;rnd in IIT!ltll:! ;:nd inori2n Coun \I lior; /-or .6.;rcsr. or ]l!d:;_;IJ~:n! ,_,: "iut:::~·oi
 LOLITA RAMOS
DISTRICT CLERK

APPEAL
CAUSE NO. 98575
THE STATE OF TEXAS * IN THE 252ND
* COURT OF
vs * JEFFERSON COUNTY, TEXAS

WILLIE HENRY III

CLERK'S CERTIFICATE

I, LOLITA RAMOS, Clerk of the District Courts of Jefferson County, Texas, Do hereby certify that

the documents contained in this record to which this certification is attached are all of the documents

specified by Texas rules of appellate procedure 34.5 (A) and all other documents timely requested by all

parties to this proceeding under Texas rules of appellate procedure 34.5 (A).

Given under my hand and seal of office in Jefferson County, Texas, this day

Name of Clerk: Debbie Folse

Title of Clerk: Deputy Clerk

70
 VERNON'S TX. C.C.P.

Art. § 2.03(b)
It is the duty of the trial court, the attorney representing th
accused, the attorney representing the state and all peace off-
icers to so conduct themselves as to insure a fair trial for
both the State and the defendant, not impair the presumption
of innocence, and at the same time afford the public the ben-
efits of a free press.

Art. § 1.15
No person can be convicted of a felony ... and in no event shall
a person charged be convicted upon his plea without sufficient
evidence to support the same ....

Art. § 38.23
no evidence obtained by an office~ or other person in viola-
tion of any provisions of law or constitution of State or
United States shall be admitted in evidence against the accused
on the trial of any criminal case.

Art. § 2.01
Each District Attorney shall ... it shall be the primary duty of
all prosecuting attorneys ... not to convict, but to see that
justice is done ....

STATE_BAB_BULES
Rule 1 .01~7) )
Perhaps no professional shortcoming is more widely resented
than procrastination. A client's interests often can be adver-
sely affected by the passage of time or th change of conditions
in extreme instances, as when a lawyer overlooks a statute of
limitations, the client's legal position may be destroyed.

Rule 1.02
A lawyer shall abide by a client's decisions;
(a)(3) In a criminal case, after consultation with the lawyer
as to plea to be entered, whether to waive jury trial, and
whether the client will testify.

Rule 1.06
Conflict of interest prohibited

Rule 3.09 (a)
The prosecutor in a criminal case sh~ll; refrain from prosecu-
ting or threatening to prosecute a charge that he the prosecu-
tor knows is not supported by probable cause;
 FEDERAL.CONSTITUTIONAL.AMENDMENTS

Amendment IV
The right of the pople to be secure in their persons, ... shall no
be violated,amd no warrants shall issue, but upon probable cause
supported by oath or affirmation ...

Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime ... nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, lib-
erty, or proper~y, without due process of law; ...

Amendment VI
In all criminal prosecutions,the accusd shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed, .. and
to be informed of the nature and cause of the accusation ... and
to have the Assistance of counsel for his defence.

Amendment XIV
All persons born or naturalized in the United States, .. nor shall
any State deprive any person of life, liberty, or property, with
-out due process of law; nor deny to any person within its juris
-diction the equal protection of the la~s-

TX ~~~titon

TX. Constitution
Art. 1§10 - In all criminal prosecutions the accused shall have a
speedy and public trial by an impartial jury. he shall have the
right to demand the nature and cause of the accusation against
him, and to have a copy thereof. He shall not be compelled to
give evidence against himself, and shall have the right of being
heard by himself or counsel, or both, ...

Art. 1§15- The right of trial by jury shall remain inviolate ....

Art. 1§19- No citizen of this State shall be derived of life,
liberty, property, privileges or immunities, or in
any manner disfranchised, except by the due course
of the law of the land.

TX .. Penal.Code

V.T.c.A._§ 2.01
All persons are presume6 to be innocent and no person may be
convicted of an offense unless each element is proved beyond
a reasonable doubt.

V.T.C.A. § 1.07ta)(46)
Serious bodily injury means bodily injury that creates a sub-
stantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function
of any bodily member or organ.
 1 REPORTER'S RECORD

2 VOLUME 1 OF 6

3 TRIAL COURT £AUSE NO. 98575

4

5 THE STATE OF TEXAS * IN THE 252ND DISTRICT
*
6 *
vs. * COURT OF
7 *
*
8 WILLIE HENRY III * JEFFERSON COUNTY, TEXAS

9

'10 * * * * * * * * * * * * * * * * * * * *
MASTER INDEX
11 * * * * * * * * * * * * * * * * * * * *

12
13 On the 27TH day of AUGUST, 2007, the following

14 proceedings came on to be heard in the above-entitled
15 and numbered cause before the Honorable Layne Walker,

16 Judge Presiding, held in Beaumont, Jefferson County,
17 Texas:

18
19 Proceedings reported by Machine Shorthand.
20
21
22
23

···~i 24
25
 2

1 THE STATE OF TEXAS:
2 COUNTY OF JEFFERSON:
3
I, Jami Anderson, previous Official Court Reporter in and
4 for the 252nd Criminal District Court of Jefferson County,
State of Texas, do hereby certify that the above and
5 foregoing contains a true and correct transcription of all
portions of evidence and other proceedings requested in
6 writing by counsel for the parties to be included in this
volume of the Reporter's Record, in the above-styled and
7 numbered cause, all of which occurred in open court or in
chambers and were reported by me.
8
I further certify that this Reporter's Record of the
9 proceedings truly and correctly reflects the exhibits, if
any, admitted by the respective parties.
10
I further certify that the total cost for the preparation
11 of this Reporter's Record, Vols. 2 and 3, is
$-------------and was paid/will be paid by
12 ---------------------------- I

13 WITNESS MY O~FICIAL HAND this the -------- day of
------------------- J =~ 0 0 9 •
14

15

16

17
18 JAM! ANDERSON, Texas CSR 3225
Expiration Date: 12/31/10
19 Certified Shorthand Reporter
6852 Howe, Apt. C
20 Groves, Texas 77619
21
22
23
24
''- 25
...
1

• . :,,·..
1

2
REPORTER'S RECORD

VOLUME 4 OF 6

3 TRIAL COURT CAUSE NO. 98575

4

5 THE STATE OF TEXAS * IN THE 252ND DISTRICT
*
6 *
vs. * COURT OF
7 *
*
8 WILLIE HENRY III * JEFFERSON COUNTY, TEXAS

9

10 * * * * * * * * * * * * * * * * * * * *
MOTION TO REVOKE PROBATION
1.1 PLEA OF TRUE

....
* * * * * * * * * * * * * * * * * * * *
12
13
14 On the 8TH day of DECEMBER, 2008, the following

15 proceedings came on to be heard in the above-entitled
16 and numbered cause before the Honorable Layne Walker,
17 Judge Presiding, held in Beaumont, Jefferson County,
18 Texas:
19
20 Proceedings reported by Machine Shorthand.
21
22
23
24
25

SUMMER TANNER, CSR, RPR
252nd·District Court
 2

• 1

2
3 FOR THE STATE:
A P P E A R A N C E S

4 Mr. Perry Thomas
SBOT NO. 19849120
5 Assistant District Attorney.
1001 Pearl, 3rd Floor
6 Beaumont, Texas 77701

7 FOR THE DEFENDANT:

8 Mr. Kevin Laine
SBOT NO. 00798313
9 Attorney at Law
1104 Orleans
10 Beaumontr Texas 77701

11
..
12

• 13
14
15

16
17
18
19
20
21
22
23

24

• 25

SUMMER TANNER, CSR, RPR
252nd Districi Court
..
3

• 1
2
3
VOLUME 4

MOTION TO REVOKE.PROBATION

PLEA OF TRUE

4 PAGE

5 Case Called 4

6 Defendant Pleads to Counts 4

7 Case reset 5

8 Reporter's Certificate 6

9
10
11
12

• 13
14
15
16
17
18
19
20
21
22
23
24

• 25

SUMMER TANNER, CSR, RPR
252nd District Court
 4

• 1

2

3 Willie Henry.
THE COURT:

Kevin Laine?
Cause No. 98575 on
12/8/08

4 MR. LAINE: Yes, sir. He's in custody.

5· THE COURT: Good morning, sir. Are you
-
6 Willie Henry III?

7 THE DEFENDANT: Yes, sir. How you doing,

8 Your Honor?
9 THE COURT: Doing good~ Thank you. I

10 have a motion to revoke your unadjudicated probation.
11 Will he waive.the formal reading?

12 MR. LAINE: He will, Your Honor.

• 13 THE COURT: This motion states that on the

14 1st day of October of 2007, that you were placed on
15 probation for the offense of aggravated assault. I

16 found the evidence to be sufficient to find you guilty,
17 deferred the finding, placed you on probation for a
18 three-year period.
19 Count 1 alleges that you failed to

20 avoid injurious or vicious habits by making threatening
21 and/or harassing phone calls on or about the 20th day
22 of Ju 1 y of 2 0 0 8 . Is that true or not true?

23 THE DEFENDANT: True, Your Honor.

24 THE COURT: Count 2 alleges you failed to

• 25 provide verification of performing your community

SUMMER TANNER, CSR, RPR
252nd District Court
 5

• 1

2

3
service hours . Is that true or not true?

THE DEFENDANT:

THE COURT:
True, Your Honor.

Have you entered into your

4 pleas of 11
true 11 to Counts 1 and 2 freely and

5 voluntarily?

6 THE DEFENDANT: Yes, sir.

7 THE COURT: Okay. I'm going to accept

8 your plea. I will reset your case for sentencing on

9 January 12th at 9:30. I'm going to get -an updated

10 report. Anything you want me to know -that's good about

11 you, make sure that you get that to Mr. Laine; and he

12 will get that to me. And I believe you .have a document

• 13 there that you've already executed .
14 Court Certification.

15 .not a plea bargain agreement.
That's the Trial

That certification states this is

Whatever decision I

.16 make, you can feel free to appeal me if you want to;
17 okay?

18 THE DEFENDANT: Yes, sir.

19 MR. LAINE: Thank you, Your Honor.

20 THE DEFENDANT: Thank you.

21

22

23
24

• 25

SUMMER TANNER, CSR, RPR
252nd District Court
 6

• 1

2

3
THE STATE OF TEXAS)
COUNTY OF JEFFERSON)
REPORTER'S CERTIFICATE

4 I, Summer Tanner, Official Certified Shorthand

5 Reporter in and for the State of Texas, do hereby

6 certify that the above and foregoing contains a true
7 and correct transcription of all portions of evidence

8 and other proceedings requested in writing by counsel

9 for the parties to be included in this volume of the

10 Reporter's Record, in the above-styled and numbered
11 cause, all of which occurred in open court or in

12 chambers and were reported by me.

• 13'

14
I further certify that this Reporter's Record of

the proceedings truly and correctly reflecis the

15 exhibits, if any, admitted by the respective parties.
16 I further certify that the total cost for the

17 preparation of this Reporter's Record is
18 $ __ 1&~-7~---- and was paid by ~[~j~-~~-
19 WITNESS MY OFFICIAL HAND this is the

20 _______U~----- day of -~~------' 2009.
21
22 -- ~--------
23 Summer Tanner, RPR
Texas CSR #8208
24 Expiration Date: 12/31/10

•
Official Court Reporter
25 Jefferson County, Texas
Beaumont, Texas 77701

SUMMER TANNER, CSR, RPR
252nd District Court
 1

1 REPORTER'S RECORD

2 VOLUME 5 OF 6
-;.::
·- .-· 3 TRIAL COURT CAUSE NO. 98575

4

5 THE STATE OF TEXAS * IN THE 252ND 'DISTRICT
*
6 *
vs. *' COURT OF
7 *
*
8 WILLIE HENRY III * JEFFERSON COUNTY, TEXAS

9
10 * * * * * * * * * * * * * * * * * * * *
MOTION TO REVOKE PROBATION
11 SENTENCING
* * * * * * * * * * * * * * * * * * * *
12
13
14 On the 12TH day of JANUARY, 2009, the following

15 ~proceedings came on to be heard in the above-entitled

16 and numbered cause before the Honorable Layne Walker,
17 Judge Presiding, held in Beaumont, Jefferson County,
18 Texas:

19
20 Proceedings reported by Machine Shorthand.

21
22
23

24

25

SUMMER TANNER, CSR, RPR
\ 252nd District Court .O. . . . \.)_ ~·o::~.·.
CQ)
·:-~ -. :, . u
..... , .
·' :~:'·
 2

1
·~ 2
A P P E A R A N C E S

3 FOR THE STATE:

4 Mr. Perry Thomas
SBOT NO. 19849120
5 Assistant District .Attorney
1001 Pearl, 3rd Floor
6 Beaumont, Texas 77701

7 FOR THE DEFENDANT:

8 Mr. Kevin Laine
SBOT NO. 00798313
9 Attorney at Law
1104 Orleans Street
10 Beaumont, Texas 77701

11
12

• 13
14
15
16
17
18
19
20
21
22
23
24

\
• 25

SUMMER TANNER, CSR, RPR
252nd District Court
 3

1 VOLUME 5

2 MOTION TO REVOKE PROBATION

3 SENTENCING

4 PAGE

5 Case Called 4

6 Defendant's Comments 4

7 State's Comments 6

8 Case Recalled 9

9 Audio Played to Court 9

10 Defendant's Comments 14

11 State's Comments 15

12 Defendant Sentenced 17

13 Reporter's Certificate 18

14
15
16
17
18
19
20
21

22

23
24

25

SUMMER TANNER, CSR, RPR
252nd District Court
 4

1 1/12/09

2 THE COURT: 98575 on Willie Ray Henry.

3 THE DEFENDANT: Good morning/ Your Honor.

4 THE COURT: Good morning. How are· you?

5 THE DEFENDANT: I • m doing good.

6 THE COURT: Are you Willie Ray Henry?

7 THE DEFENDANT: Yes 1 sir.

8 THE COURT: Okay. Mr. Laine~· do you have

9 any comments?

10 MR. LAINE: Yes 1 Your Honor. Mr. Henry•s

11 case was transferred to Denton County. He had a sex

12 offender assessment. That assessment concluded with

13 classes that he was required to go to. He began his

14 reporting to the probation department once a month and
15 then twice a month with home visits every other Monday.
16 Once he got there/ he went to the end of April class
17 for the offender -- he went to the May 8th class/ then
18 he went to his May 16th class there. That class was

19 with the victim well 1 with Courtney Smith 1 who is

20 the counselor. May 16th they said we are going to

21 pause your classes for a polygraph which is part of

22 the program

23 THE COURT: Let me interrupt you. Is

24 Courtney Smith here?

25 MR. THOMAS: The probation officer from

SUMMER TANNER. I CSR I RPR
252nd District Court
 5

1 Denton County?

2 THE COURT: Yes.

3 MR. THOMAS: No. They -- they are willing

4 to come if the Court would want to hear

5 THE COURT: No. I was just wondering. I

6 didn't mean to interrupt you.

7 MR. LAINE: So, May 16th was hi~ last

8 class with Ms. Smith. Then he had to go get a

9 polygraph. The polygrap.h was taken, I think, the

10 30th of May. Right after -- I'm sorry to put this in

11 chronological order, Your Honor; but it kind of leads
12 up to how this outburst came about. May 30th is when

13 he took the polygraph. His probation officer here said

14 report back -- report back to his classes. He had

15 called -- and we got the phone records, Your Honor,
16 just because we wanted the Court to know he really
17 was -- he's been reporting every time that the officer

18 has wanted to know where he was. They knew where he

19 was.

20 He had actually reported and called

21 after he had the polygraph. He called the 2nd of July,

22 the 3rd of July, the 14th of July, the 16th of July,

23 five times on the 20th of July. What was happening

24 was, I think Ms. Smith was busy with her classes and
25 wasn't getting back with -- with Mr. Henry. And

SUMMER TANNER, CSR, RPR
252nd District Court
 6

1 Mr. Henry was steady calling Brian back here; and Brian

2 was saying, you are lying. You are not calling her.

3 You are not getting back with the results of the

4 polygraph from Ms. Smith.

5 Well, Ms. Smith, at the very

6 beginning of their relationship, their counselling, she
7 said, I am a "B" and I am always going to be a "B" and

8 that•s how you have to take me.

9 Well, on July 20th, he left messages

10 and said, I know you said you are going to be a· "B" and

11 I think you are a "B, " because you are going to get

12 your -- you are getting me in trouble with my probation

13 officer down in Beaumont because he thinks I am lying.
14 I took the polygraph. I am trying to get you the

15 results so I can steady go back to my classe~.

16 So, Your Honor, what he said on those

17 recordings is totally inappropriate. He had surgery to

18 his hand, and he was on medication prescribed. And

19 he shouldn • t. have called her a "B" the number of times
'
20 he did. He•s been in jail for three months, Your

21 Honor. We would ask you sanction him, make him stay

22 another three months in jail. There•s no new offenses.

23 He is a medium risk, according to the report.

24 THE COURT: Okay. Mr. Thomas?

25 MR. THOMAS: Judge, I don•t know if

SUMMER TANNER, CSR, RPR
252nd District Court
 7

1 Mr. Diaz was able to e-mail the calls to the Court or

2 not. 'I have them on a CD, if the Court wants to hear

3 them. I had an opportunity to hear the calls he

4 THE COURT: I want to play them.

5 MR. THOMAS: If you will give me a break,

6 I will get a player down here; and I will I play them

7 for you.

8 THE COURT: You bet. Before we get to

9 that point, what will I hear? Whenever I hear these

10 CDs, what am I going to hear?
11 THE DEFENDANT: I know, Your Honor, I us~d

12 the "B" word.

13 THE COURT: Okay.

14 THE DEFENDANT: I did tell her to quit

15 lying on me.

16 THE COURT: Okay.

17 THE DEFENDANT: And 1n all honesty, I

18 really don't remember the entire conversation. What

19 l;appened was

20 THE COURT: Had you been drinking or

21 smoking or anything?

22 THE DEFENDANT: No. I was on the

23 hydrocod(Jne ancl.. -~YJ;"it:.a.

24 THE COURT: Uh-huh.

25 THE DEFENDANT: And I actually don't

SUMMER TANNER, CSR, RPR
252nd District Court
 8

1 remember the conversation. My wife, who is here today,

2 walked in and told me what comments I made. And

3 immediately when she made me aware of it, I did call

4 Ms. Courtney -- I forgot her last name. I did call

5 Ms. Courtney back, and I did apologize to her --

6 THE COURT: Uh-huh.

7 THE DEFENDANT: -- and ask her --

8 THE COURT: So, I'm going to hear that you

9 called her the "B" word. I will hear that you did

10 what?

11 THE DEFENDANT: Told her to stop lying on

12 me. And my wife just told me I used quite a bit of

13 profanity, which anyone who knows me know I don't use
14 profanity whatsoever.

15 THE COURT: Am I going to hear any hatred?

16 THE DEFENDANT: I -- honestly,

17 Judge Walker, I'm not I -don't
~ -....
know. I don't
-· ··----

18 remem:q~_r anything
--------------·-
,~--·--·- -----.....
--·---------~------

19 THE COURT: Okay.

20 THE DEFENDANT: that was said. But my

21 wife did tell me it was awful, and that's why I picked

22 up the phone and apologized to her.

23 THE COURT: If you would, would you

24 call -- use this phone right here and tell somebody to

25 bring something down. I look forward to hearing it;

SUMMER TANNER, CSR, RPR
252nd District Court
 9

1 okay? If it will be what you say, then i t ' s not going

2 to be that big of a deal.

3 (PAUSE IN PROCEEDINGS)

4 THE COURT: All right. I want to hear

5 that tape. Recall on 98575 on Willie Ray Henry. We

6 are ready -- hang on. Before I get started, I am going

7 to hear the "B" word, I am going to hear some fussing.

8 THE DEFENDANT: Some profanity, my wife

9 told me.

10 THE COURT: Profanity?

11 THE DEFENDANT: Yes, sir. Again, I can't

12 really -- I don't remember. I was on the· medication.
----------------~-----·---·-------------·

13 THE COURT: Okay.

14 THE DEFENDANT:
\
My wife is here.
J
She can

15 probably tell you better than I can.
16 THE COURT: No. Your wife isn't the one

17 going to the p~nit;:er:~~-Cl.FX. Let's go ahead.

18 COURT REPORTER: Do you want this on the

19 record?

20 THE COURT: No.

21 (AUDIO PLAYED TO COURT)

22 THE COURT: Wayne, I need them back in the

23 back to :De quiet.

24 (AUDIO PLAYED TO COURT)

25 THE COURT: All right. So, we did use the

SUMMER TANNER, CSR, RPR
252nd District Court
 10

1 11
B 11 word and a few other things; right?

2 THE DEFENDANT: Yes, sir.

3 THE COURT: And that was your probation

4 officer?

5 THE DEFENDANT: That was the ~ounselor's

6 office.

7 THE COURT: Courtney Smith and then

8 Brian --

9 THE DEFENDANT: Is the Denton County

10 probation officer~

11 THE COURT: Right. Mr.

12 THE DEFENDANT: May I -- sorry. Go --

13 THE COURT: No. Go right ahead.

14 THE DEFENDANT: I sound -- I admit it

15 sounds awful. That's exactly what my wife had told me,

16 that it was pretty bad. I did call back apologizing

17 and asking for him that week, Your Honor. I'm trying

18 not to take up much time, but to lead up --
19 THE COURT: Man, you take whatever time

20 you need. This is your life.

21 THE DEFENDANT: That conversation lead up

22 when -- it was a lot of frustration, because when I
23 walked into Courtney's office for that second meeting,

24 she addressed me and she just told me point-blank,

25 Willie, I 'm a 11
B, 11
call me a "B. '·' I really don't care.

SUMMER TANNER, CSR, RPR
252nd District Court
 11

1 You're a lying 11
SOB. 11

2 And she used other profanity -- which

3 I shouldn't have allowed myself to stoop to the same

4 level, and I was wrong. I do·apologize to you and this

5 Court, as well --

6 THE COURT: Let me ask --

7 THE DEFENDANT: what I did to

8 Ms .. Courtney

9 THE COURT: you a question: Did you

10 only do two years in college study in psychology, or do
11 you have more psychological training than that?

12 THE DEFENDANT: I was in my third year at

13 UTA.

14 THE COURT: So, you had three years of

15 studying psychology?
16 THE DEFENDANT: Yes, sir.

17 THE COURT: And then you said you were a

18 minister?

19 THE DEFENDANT: Yes, sir.

20 THE COURT: Okay. And the offense that

21 you are here for is aggravated assault, and that was --

22 the child was how old?
23 MR. THOMAS: It was an adult.

24 THE COURT: I mean -- I'm sorry.

25 MR. LAINE: Your Honor, I believe he was

SUMMER TANNER, CSR, RPR
252nd District Court
 12

1 32, and she was 39.

2 THE COURT: I'm sorry. Yeah. You said

3 that you should be allowed to have concubines like King

4 David in the Old Testament.

5 THE DEFENDANT: That was not true. Your

6 Honor, to my knowledge, King David didn't even have
7 concubines. Solomon did-- which I've never taught on

8 King Solomon. What -- that is a little more

9 complicated than it seems. And I had no idea, Your

10 Honor -- I never .gg_t____a report of what I was alleged to
11 have done until I went to take the polygraph in May of

12 2007 (sic).

13 When I saw what I was accused of, it

14 did bother me because that's not how it happened. I

15 did have an affair, which was in Alabama in '99. She

16 then got her moved in with my wife and I -- moved to

17 Texas, moved in with us here in Beaumont. Upon her

18 moving, I did have intercourse with her one more time.
19 THE COURT: Okay.

20 THE DEFENDANT: She then joined the

21 church. After she joined the church is when I cut the

22 relationship off. She did get upset. She went to my

23 wife actually -- because I did tell my wife about it
24 when it happened. She went to my wife and asked my

25 wife if I could impregnate her because God told her I

SUMMER TANNER, CSR, RPR
252nd District Court
 .L3

1 was supposed to be her husband. At that point, my wife

2 asked her to move out the house.
3 THE COURT: Uh-huh.

4 THE DEFENDANT: She asked me did she have

5 to move.

6 I said, yes, if that's what she~told

7 you.

8 Then she told me, if it's the last

9 thing I do, I will get you. I will find a way to get

10 you, and you will never find me.
11 And that was how -- that was the last

12 time I saw her. One of things that bothered me in the

13 report, as well, when I read it, was the other
G 14 accusations on her daughter. And she got up in church,

15 as well, as made accusations
16 THE COURT: On the 16-year-old daughter?

17 THE DEFENDANT: Yes.

18 THE COURT: They say you impregnated her?

19 THE DEFENDANT: Right. She also made

20 accusations -- which I didn't see that report. She got

21 up in the church that she went to and told them I had
22 relations with my 22-year-old daughter at that time.
23 She was only -- she had never met her, but she told
24 everybody I did and that's why she wasn't with me,

25 which was not the case.
0 She was just living with her

SUMMER TANNER, CSR, RPR
252nd District Court
 13

1 was supposed to be her husband. At that point, my wife

2 asked her to move out the house.
3 THE COURT: Uh-huh.
'
4 THE DEFENDANT: She asked me did she have

5 to move.

6 I said, yes, if that's what she told

7 you.

8 Then she told me, if i t ' s the last

9 thing I do, I will get you. I will find a way to get

10 you, and you will never find me.
11 And that was how -- that was the last

12 time I saw her. One of things that bothered me in the

13 report, as well, when I read it, was the other

14 accusations on her daughter. And she got up in church,

15 as well, as made accusations

16 THE COURT: On the 16-year-old daughter?

17 THE DEFENDANT: Yes.

18 THE COURT: They say you impregnated her?

19 THE DEFENDANT: Right. She also made

20 accusations -- which I didn't see that report. She got

21 up in the church that she ·went to and told them I had
22 relations with my 22-year-old daughter at that time.
23 She was only -- she had never met her, but she told

24 everybody I did and that's why she wasn't with me,
25 which was not the case. She was just living with her

SUMMER TANNER, CSR, RPR
252nd District Court
 14

1 mother at that time.
2 MR. LAINE: Your Honor, just as far as

3 this accusation, which is despicable, clearly he did

4 it. Clearly he has accepted responsibility.for that.

5 THE COURT: Well, that's what I am trying

6 to get down to is that -- at the time you said the only

7 reason that you pled guilty was because you ran out of
8 money to pay your attornev. You said the victims made

9 the story up.

10 THE DEFENDANT: Right. And I was going to

11 go -- I was going to go to trial, but Mr. Samuel told
12 me I had to come up with another $3500.
13 THE COURT: But now you're standing here

14 telling me that you did do this and you are guilty
15 and --

16 THE DEFENDANT: Of -- what happened, I

17 didn't -- what he told me I was -- I was found guilty
I

18 of is being a pastor and manipulating a relationship,
19 and that's not how i t - -

20 THE COURT: That's pretty much why I am

21 spending so much time with you is just to pretty much
22 show on the record how manipulative you are.

23 THE DEFENDANT: Okay.

24 MR. LAINE: Your Honor, I -- as far as the

25 accusation that he's in violation of probation -- what

SUMMER TANNER, CSR, RPR
252nd District Court
 1 he did was despicable. He -- he did call about four or
0 2 five times before. If it ~s a new offense, as far as

3 harassment, a misdemeanor, it would car.ry 180 days
4 THE COURT: No. It goes much deeper than

5 that.

6 MR. LAINE: Well, Your Honor, I think -- I

7 think that there is some -- something should be said
8 that. he was on medication at the time.

9 THE COURT: That's not what he said.

10 THE DEFENDANT: Yes, sir.

11 THE COURT: That's not at all what he

12 said. What he said was he hadn't been smoking, he

13 hadn't been drinking. He's just as sober -- he had 12
0 14 witnesses, the whole nine yards.
15 THE DEFENDANT: And

16 THE COURT: And I think that the real

17 truth is is that's more than manipulation. And after

18 it was all said and done, you thought, oh, my God, what
19 if she recorded all this and this Judge hears this.
20 THE DEFENDANT: Honest --

21 THE COURT: Anyway, I've heard enough.

22 Mr. Thomas, what are your comments?

23 MR. THOMAS: Judge, there's another area

24 that interests me about how manipulative he is, is that

25
G when he makes his first phone call to the counselor in

SUMMER TANNER, CSR, RPR
252nd District Court
 .lt)

1 Denton County, he says, you know, I need anger
0 2 management. I'm mad, and the reason why is because I

3 need anger management.

4 Well, he's quite under control today

5 in this courtroom in front of you. He can turn it on,

6 turn it off when he wants to when it's convenient

7 for him. And if he wants to be mad at somebody, he

8 will; and if he wants to be nice, he can. That

9 indicates to me he's in complete control of his

10 emotions. And, again, it's just another way to

11 manipulate this system and this Court. State

12 recommends revocation in the case with appropriate

0 13 amount of pen time.
14 MR. LAINE: Your Honor, all these calls

15 were made on the same day. H~ had medication when he

16 made the calls, and he. said he doesn't recall what he
17 said. We have provisions in law to give him leniency

18 for that or, at least, some consideration.
19 THE COURT: I think that's if I believe

20 that he was, in fact, on medication, which I do not. I

21 quite honestly don't believe a word --
22 MR. LAINE: Your Honor --

23 THE COURT: he's saying.

24 MR. LAINE: I have a list of

0 25 medications and his prescriptions.

SUMMER TANNER, CSR, RPR
252nd District Court
 17

1 THE COURT: Th~t's all right. I don't
think that proves whether he was on them or not.

In your case, Mr. Henry, I find the

evidence to be sufficient to find Count 1 and 2 to be

true. They are true. I hereby revoke your
unadjudicated probation. I now find you.guilty of the

7 offense of aggravated assault. You are therefore

8 guilty of the offense. I assess your punishment at

18 years' confinement in the Institutional Division.
1 You will receive credit for any and all time that you

1 are entitled to by law. Again, I've handed you the

1 certification stating that this is not a plea bargain
-·
-....
agreement. You feel free to appeal my decision. Have
1 a good day.

SUMMER TANNER, CSR, RPR
252nd District Court
• 1

2

3
THE STATE OF TEXAS)
COUNTY OF JEFFERSON)
REPORTER'S CERTIFICATE

4 I I Summer Tanner, Official Certified Shorthand

5 Reporter in and for the State of Texas, do hereby

6 certify that the above and foregoing contains a true

7 and correct transcription of all portions of evidence
8 and other proceedings requested in writing by counsel

9 for the parties to be included in this volume of the
10 Reporter's Record, in the above-styled and numbered
11 cause, all of which occurred in open court or in

12 chambers and were reported by me .

• 13
14
I further certify that this Reporter's Record of

the proceedings truly and correctly reflects the

15 exhibits, if any, admitted by the respective parties.
16 I further certify that the total cost for the

17 preparation of this Reporter's Record is
18 $ _j_~q'-]2______ and was paid by JtiliklVL_hllrL~-
19 WITNESS MY OFFICIAL HAND this is the

20 ----~--------day of ___ JCt~~-~----' 2009.

-~-~---------
21
22
23 Summer Tanner, RPR
Texas CSR #8208
24 Expiration Date: 12/31/10

·- 25
Official Court Reporter
Jefferson County, Texas
Beaumont, Texas 77701

SUMMER TANNER, CSR, RPR
252nd District Court
)

In The
FILED
JUL 2 5 2012
Court ofAppeals CAROL ANNE HARLEY
CLERK OF THE COURT
NINTH COURT OF APPEALS
Ninth District of Texas at Beaumont .

NO. 09-12-00309-CR

IN RE WILLIE HENRY, III

Original Proceeding

MEMORANDUM OPINION

Relator Willie Henry, III filed a petition for writ of mandamus with this Court.

Henry's petition apparently seeks to attack the judgment in his underlying criminal case,

alleging (1) the trial court lacked jurisdiction and (2) the evidence was insufficient

thereby rendering the judgment void. The judgment Henry complains of and the attached

exhibits pertain to trial cause number 98575, which was previously appealed to this Court

and affirmed. See Henry v. State, No. 09-09-00029-CR, 2009 WL 2044819 (Tex. App.-

Beaumont July 15, 2009, no pet.) (mem. op., not designated for publication).

Relator has not demonstrated that he is clearly entitled to mandamus relief from

this Court. See State ex rei. Hal v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924,

927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of mandamus, a relator

1
must establish that the trial court failed to perform a ministerial duty, and that relator has

no other adequate legal remedy.). Accordingly, we deny relief on the petition for writ of

mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered July 25, 2012

Before McKeithen, C.J., Kreger and Horton, JJ.

2