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J&nes Michael Beattie
Applicant Pro Se
TUCJ-ID '# 1879331
Smith Unit • 1313 CR 19
Lamesa, Texas 79331
EXHIBIT NO. 1
AFFIDAVIT OF JAMES MICHAEL BEATTIE
"My name is James Michael Beattie, I am over 18 years of aqe, of sound mind, and
capable of making this affidavit. The facts stated in this affidavit are within my
personal knowledge and are true and correct.
"I filed an Application For Writ of Habeas Corpus 11.07 on April 7, 2015 to challenge
my convictions in Harris County, Texas. The April 7, 2015 date is the date the District
Clerk signed and received my Applications, mailed by Certified Mail (No(s):7008-1140-0004-
9224-8343; 7008-1140-0004-9224-8183; 7008-1140-0004-9224-8350). The Court on June 1, 2015
designated one issue to be resolved - whether Applicant was denied effective assistance
of counsel. Over 180 days after filinq applications and Notice.of Application For Writ
of Mandamus was filed with the Court of Criminal Appeals, did the State and the Court
decide to act with urgency before the Court of Criminal Appeals acted. This hastedly
actions leave much to be desired and fails to address all issues in habeas cdrpus
applications.
"Mr. James Ardoin,.Ill, was ordered by the Court to answer/respond to seven allegations
the State determined needed to be resolved. The Court agreed, ignorinq my previous objections
to the lone designating issue. A true review of these.habeas applications will show more
allegations that need to be answered bv Mr. Ardoin and Mr. Heath, who was not ordered
to answer any allegations, as well as the State and trial Judqe Mark Kent Ellis.
"Regarding Mr. heath's failing to preserve or destrovinq evidence and knowledge by
Mr. Ardoin; Mr. Ardoin states: "I am unaware of any failure to preserve or destruction
of evidence by Mr. Audley Heath." I personally informed Mr. Ardoin at the first meeting
that Mr. Heath did not preserve and destroyed photos of me from the night of my arrest.
Mr. Ardoin was told repeatedly about the pictures and about Mr. Heath's failure to file
IAD complaint regardinq the brutality and torture. My Sister, Dr. Kerri Dembowske also
informed Mr. Ardoin repeatedly about those photos. Mr. Heath admits he failed to preserve
the photos because he could not operate his cell-phone camera for downloading the photos.
Bottom line, Mr. Ardoin knew, he refuses to acknowledge because it would look bad for
him and Mr. Heath.
"Regarding Mr. Ardoin's investigation, it appears he rode the coattails of Mr. Joe
Lamza, Mr. Brian Zubel, and Mr. David Lamagna. Yet his review failed to have Mr. Ardoin
act on the Harris County Sheriff Department's Report regarding closing of cases in which
I was indicted for.. Nor that the results of the GSR test was negative, which he made
exclusive notes about in his attorney/client file.
"As for the cooperation with Mr. Zubel and Mr. Lamagna, Mr. Ardoin's statements
are refuted by both Mr. Zubel and Mr. Lamaqna, as shown by Exhibits attached to habeas
applications. These letter/affidavits by Mr. Zubel and Mr. Lamagna are very telling of
Mr. Ardoin's actual performance in handlinq this case.
"I instructed Mr. Ardoin to obtain an affidavit from my son regarding the body armor.
I knew my son may have to testify at trial.and I told Mr. Ardoin we would work to get my
son to Court if needed. I also instructed Mr. Ardoin to test the body armor for DNA to
show that I never wore/the body armor, but that my son did. Finally, as shown by the
Addendum filed , the State returned the body armor to the owner, my son. Mr. Ardoin has
qave this Court false statements regardinq my son and the body armor.
"Mr. Ardoin contends he did nothing to hinder Mr. Zubel or Mr* Lamagna, but that is
completely false. Once again the Exhibits attached to the applications of the Letter/
affidavits of Mr. Zubel and Mr. Lamagna state the opposite from what Mr. Ardoin states.
Mr. Ardoin contends because he sent Mr. Zubel copies of the State's analyze of DNA testing
that not hindering. Yet, when Mr. Lamagna attempted to obtain samples, Mr. Ardoin did
not assist in helping obtain DNA samples, in fact told Mr. Lamagna not to collect any
DNA samples. That seems to be hindering the investigation, testing and analysis. Mr.
Ardoin may have spent some time, but he exaqgerates that he spent 3 days. Also Mr. Ardoin
lied to Mr. Lamagna and denied me from talking to Mr. Lamagna. In fact, Mr. Ardoin never
informed me that Mr. Lamagna wanted to see me or had been tryinq. Tnat is surely hindering
the defense. !
"As far as Mr. Lamagna finding so-called "incriminating evidence", it would seem that
Mr. Ardoin would seriously question Houston Police procedures. Since that "evidence" was
found some 2>\ years after my arrest. But instead, Mr. Ardoin savs its incriminating and
believes it had been in the pockets this whole time. Yet, the police searched me and my
clothinq I had that night and found nothing. He did nothing to challenge this findinq.
"Mr. Ardoin is in classic CYA. mode reqardinq the State's withdrawal of the 404(b)
Notice, severing cases, and not pursuinq those offenses with DNA. Only one sentence that
"these facts were clearly communicated to Mr. Beattie as they occurred." That is completely
false, I had no knowledge regarding the withdrawal of 404(b) Notice until 1 received a
copy of Mr. Zubel's letter.a year after I had plead quilty.
"If I had been told that I could appeal the pre-trial motions, I sure would have.
But what Mr. Ardoin is not telling the Court is he failed to pursue a ruling on most of
the pre-trial motions.- Mr. Ardoin told me its the Courts prerogative as to when, if ever,
these motions would be ruled on. It is telling how untruthful Mr. Ardoin is regardinq
the pre-trial motions. Yet in the Motion to Reconsideration of Defendant's Motion For
Access To The Crime Scene, Mr. Ardoin argues that the Court's denial would violate right
to effective assistance of counsel, right to fair trial and due process of law. But Mr.
Ardoin never told me this and he never pursued having me appeal. I had to learn about
this from a jaiihouse lawyer here in prison until I received my attorney/client file.
"Of course, Mr. Ardoin will tell this Court my plea was voluntary. It will save him
from being labeled as ineffective. What Mr. Ardoin has not told this Court is what he
told me or failed to tell me, or how he pressured me into taking the plea bargain.
"The content of Mr^ Ardoin's and my conversation that Friday of the plea agreeemnt
are drastically different that what Mr. Ardoin stated and would like this Court to
believe. Surely the Court is well aware of the very gray area tactics that are employed
by lawyers wanting a quick resolution of pesky & complicated cases, such as mine that had
been dragging for over 4 years.
"Mr. Ardoin fails to state I told him that Friday of the plea, I had decided to go
for my trial regardless as I had done for the past 4+ years. He became flustered arid went
into Texas juries are easily prejudiced and that even though thev cannot put a gun in
your hand, or even prove you touched or had one they (State) have 7 police that are going
to talk bad about vou. Then he talked about the upcominq article about me that "informs
ever prospective juror out there where you have been for these past years. Regardless of
your suit and the persona, this article will prejudice their view. This is the same Court
where they convicted LaDondrell Montgomery for robbery and. qave hiT. a life sentence only
to find out a few days later he was in police custody at the time of said robbery." Mr.
Ardoin cited he (Montgomery) was prejudiced against prosecution and police and made
national news.
"Mr. Ardoin did a throuqh job of coercing and convincing me into takinq the plea.
Mr. Ardoin played on my paranoia and fear of what happened to Mr. Montgomery (we were in
the same jail and talked). Mr. Ardoin stated that even after the trial my next one would
be in a year or year and half, that the State would stack the sentences. If I didn't
plea out, "you will never get out if you don't plea out" Mr. Ardoin exclaimed.
"It is also interesting that this pressure by Mr. Ardoin occurred less than 36 hours
before a major newspaper article about my incarceration for over 4 years waiting for
trial. An article Mr. Ardoin is quoted in and legal experts state there was a violation
of my constitutional rights. A few quotes by Mr. Ardoin inthe article to a reasonable
pecson would ask what Mr. Ardoin was doing or had done about these issues of speedy trial
and other constitutional rights violation. I will tell vou - NOTHING!!!
"Mr. Ardoin's affidavit to this Court is filled with false, erroneous, and incomplete
statements of the. facts and events. Mr. Ardoin's statements are self-serving, only in
order to protect himself from beinq labeled as ineffective. Yet Mr. Ardoin's own words
on other documents, pleadings, and his actions (and non-actions) contradict his latest
claims he provided effective assistance of counsel. Nationally recognized Experts state
different intheir letters/affidavits."
"I pray this Court will qive my affidavit the same weiqht of credibility as Mr.
Ardoin's. I pray this Court will also give the same weiqht of credibility to the other
exhibits that have been presented throuqh these proceedings and render a fair and just
ruling."
I, James Michael Beattie, declare under penalty of perjury, that the foregoing
statements are true and correct to my personal knowledge.
SIGNED on this the 23rd day of December, 2015.
,V(Wfcl
Jaihes Michael Beattie
TDCJ-ID # 1879331
Smith Unit/TDCJ
1313 CR 19
Lamesa, Dawson county
Texas 79331
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