Pegues, Jason Tyrone

MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 77348 September 18,2015 RECEiVED IN COURT OF CRIMINAL APPEALS TO: Clerk of the Court; Abel Acosta Court of Criminal Appeals Box 12308 OCT 06 2015 Capitol Station Austin, Tex~s 78711 Abe! Acosta, Clerk Re: Filing a Motion--for Leave and an Original Petiton for Writ of Mandamus in reference to applications No.94-DCR-026185 HC3 and No.94-DCR-026185 HC4 This document contains some pages that are of poor qualit)}' Dear ¢lerk of the Court: at the time of imaging. Enclosed is a <:5 17 :.·'"> tJl 18 19' 20 21 22 ·23 Loraine Hall, CSR, RPR Official Court Reporter 24 240th Judicial District Court Fort Bend County Courthouse 25 Richmond, Texas 77469  -----~------·-··· 1 : Thompson. 2 (Whereupon, the witness, MONICA 3 THOMPSON, having been duly sworn, testified 4 ;as follows:) 5 DIRECT EXAMINATION 6 Q i(BY MR~ CROWLEY) Would you state your name 7 for the jury, please? 8 A :My name is Monica Thompson. 9 Q .It's not Margie Thompson? 10 A •No. 11 0 1 My mistake. How are you currently 12 employed? 13 A ;I'm not employed. 14 0 What are you doing right now? 15 A :I'm going to law school. 16 Q Back in, I believe, around March or around 17 that :area of 1994, how were you employed? 18 A I worked for the Houston Police Department 19 crime lab as a criminalist. 20 0 :What is a criminalist? 21 A A criminalist is a person that does 22 Scientific testing on evidence as selected from 23 crim• scenes. 24 0 tould you just tell us what your education 25 and b~ckground is? 175  . 1 A . I have a bachelor's and a master's degree ~·· 2 in b~ology from Sam Houston State University. 3 Q :Any particular type of training you 4 received? 5 A ii received training from the FBI in 6 Quantico, Virginia; also, training from the HPD 7 trai~ing laboratory; and training at different 8 seminars and conferences throughout the United 9 States on DNA analysis. 10 Q ·oNA, is that -- we've heard a lot about 11 chromosomes and matching up different 12 fingerprints? 13 A Yes. 14 Q Have you on few or many occasions had the 15 opportunity to examine rape kits to determine 16 the presence of semen? 17 A !Many. 18 Q ,All right. Me. Thompson, let me show you 19 what':s been marked as State's exhibit number 35; 20 and ~ will ask you if you can identify that. 21 A Yes, I can. 22 Q •What is that? 23 A !It's a sexual assault kit. 24 Q !And there appear to be some writinq and 25 numb~rs on there. Can you identify t~ose? 176  i . i ...... Yes, I can. 1 A 2 Q •what are they? 3 A ,The laboratory number that was assigned to 4 this:particular sexual assault case is L94-159. 5 Q :no you write that on there, put a lab 6 numb.r on there? 7 A !r did not write the lab number on here. I 8 put ~y initials on there. 9 Q :where did you retrieve this from? 10 A I retrieved this from centralized evidence 11 recefving at the crime laboratory. 12 Q !What is centralized evidence receiving? f~ ... ~ 13 A :rt's a department in the crime laboratory \..; 14 that~s assigned to pick up evidence from 15 diff~rent crime scenes so that the criminalist 16 can work on it. 17 Q If something were in the property room, 18 would th~y retrieve it from there? 19 A :Yes, rna' am. 20 Q ;was that in a sealed condition when you 21 rece~ved it? 22 A Yes. 23 MR. CROWLEY: Your Honor, at this 24 time, we would offer State's exhibit number 25 iJS • 177  5 ,., f. 1 MR. FADEN: Can I approach the ~- 2 witnesa, Your Honor? 3 MR. CROWLEY:· The contents only, 4 , not the hearsay. 5 MR. FADEN: Can you show me your 6 initials here? Do you have any -- who is 7 this? Do you have any idea as to who -- 8 what's your -- I want to find out where her 9 initials were on the document itself. 10 THE WITNESS: Yes (indicating). 11 MR. FADEN: No objection. 12 THE COURT: 35 is the envelope 13 :that's marked, correct? 14 MR. CROWLEY: Actually, it will 15 be the contents. If I can, if we mark that 16 35A being the actual 17 THE COURT: For purposes of the 18 :record, then, are you only offering 35A 19 into evidence or 35, which was the outer 20 1covering, as well? 21 MR. CROWLEY: Your Honor, we're 22 \only offering 35A; and may the record I 23 \reflect it was retrieved from inside 35? I 24 THE COURT: Any objection? 25 MR. FADEN: To the box itself? 178  1 '!May I approach the witness aqain, Your 2 •Honor? 3 THE COURT: The box and ' 4 rcontents. 5 MR. CROWLEY: Box and contents. 6 MR. FADEN: Are your initialinga 7 on the box as well? 8 THE WITNESS: Yes. 9 MR. FADEN: No objection. 10 THE COURT: 35A is admitted. 35 11. . is not offered. It is not admitted . 12 Q (BY MR. CROWLEY) Ms. Thompson, could you 13 tell us what a rape kit is? 14 A ;A rape kit or a sexual assault kit is a 15 collection of evidence from an individual that 16 has allegedly been sexually assaulted that's 17 taken at a hospital. 18 Q !Do ! they actually take, like, slides from 19 the ~aqinal area or swabs or whatever? 20 A !Yes, they do. 21 Q iDid you perform an ~xamination on the 22 sexual assault kit performed on Mrs. Singleton? 23 A 'Yes. 24 Q ~hat did you find? 25 A 1 found semen 1 pre~ent on. the vaginal smear 179  1 or the vaginal slide and then no semen present 2 on any other item in the case. 3 Q Did you also attempt to do a DNA analysis? 4 A Yes, I did. 5 Q :Did you have available some blood samples 6 from the defendant? 7 A . Yes, I did. 8 Q :what was your conclusion on that? 9 A :I could not -- well, I had an inconclusive 10 result. 11 Q Okay. What does that mean? Basically you 12 couldn't tell couldn't make a match~ ¢ ......... 13 A ·~t means that the DNA pattern that I \w• 14 detected in the samples that I analyzed were 15 consistent with that of the complainant, but 16 ·there -was -no -o-t-her pa-t-te-rn·. the-r-e-;· so,- 1-.. cou-ldn't .. -- 17 do an analysis and tell whether or not there was 18 a pattern there that would be consistent with 19 anyone else. i 20 Q !Based on what you're saying, you couldn't i 21 make ia match one way or the other? 22 A That's correct. 23 Q You couldn't say it was him. You couldn't 24 rule out that it was him? .-. 25 A tT hat ' s c orr e c t • i~.>'o• 180  1 Q •And is that common in DNA analyses that you 2 don't ha9e enough there t6 fuake a -- 3 A It happens pretty often, yes. 4 MR. CROWLEY: Pass the witness. 5 MR. FADE~~ May I p~odeed? 6 THE COURT: Yes. 7 CROSS ~EXAMI.NAT ION 8 Q (BY MR. FADEN) Mrs. Thompson, did you ever 9 revi~w any medic~! reports that ~ere taken at 10 Westbury Ho~Pital prior to you~ ~nalyzing the 11 information you have there in the kit, 12 •p~tificallY -~ I will ref•~ yoti to medital r~:. 13 tepotts taken from Westbury Hospital. "-'' 14 A No, there weren't arty med'ical ~e·ports that 15 were :contained in the kit. 16 Q 17 rev! awed arty? 18 A 'No. '19 Q :were you awa':te in the. westbu.ry Hospital 20 · recol.'ids no ~emen ~tis fou.nd? 21 A 22 Q :You' te not aware of that? 23 A :Huh-uh. ! 24 Q ~hat dat~ ~id you do your analysis? 25 :january lOth of i994. 181  1 Q 1 And d~d you make a report or a written 2 repoJ:t? 3 A . Yes, t did. 4 Q :nld you provide that report to Officer s Anderson? 6 A I typed my report into the computer and 7 I did not persbn~lly provide it to her. She 8 retrieved it from the computer. 9 Q !Do you have a~y knowledge that she did so? 10 A •No. 11 Q ~Okay. ju*t :teviewlhg again, you tested the 12 e" ide n <::: e ; i s that c 0 r r e <::: t? 13 A .Yes. 14 Q :r dldn~t c~tch the reS~lt. What ~as the. 15 result &f"your DNA te~tin~? 16 A :rt was inconclusive~ 17 Q 18 A'. 19 MiL FADEN: ~aBs the w~tne~s. 20 REPIRECT EXAMINATION 21 Q :(BY MR. C~OWtEt) CoulU have been him~ . . 22 could not hav.e b·een him? 23 A (That's correct. 24 MR. CROWLEY: Paas the ~itness. 25 MR. FADEN: Nothing fur.ther. 182 Exhibit B  . . .~.·- ....... ,. .. ·.~-.·.··· ..... _, .............................. ,......... ·..............·....... ................... ..-. ~ _ ... __ .. ANNIE REBECCA ELLIOTT DISTRICT CLERK Fort Bend County, Texas 94-0CR -026185 LEn Letters (281) 341-4516 Fax (281) 341-4519 August03,2015 To: John Harrity -II State's Appeal Attorney 1422 Eugene Heimann Circle, Room 20234 Richmond, Texas 77469 Re: Cause No: 94-DCR-026185 HC 5 Ex Parte JASON TYRONE PEGUES Dear Sir. In accordance with Code of Criminal Procedure, Article 11.07, please find enclosed a copy of the following on the above referenced cause: • Application For A Writ of Habeas Corpus Seeking Relief From Final Felony Conviction Under Code of Criminal Procedure, Article 11.07 _ • Applicant's Supplemental Amended Memorandum Of Law Under Article 11.07 3(b ), Sec. 4(a) (1) (b) Of Texas Code Of Criminal Procedure Please acknowledge receipt of the above papers by completing the Acknowledgement of Receipt attached. Thank you. RECEIVED AUG 03 1015 cc: Jason Tyrone Pegues DlS1RICT J\HORNEY'S OFFICE Huntsville Unit 815 12th Street Huntsville TX 77348 ACKNOWLEDGEMENT OF RECEIPT Received By Fort Bend County District Attorney: ~d.~ Date MAILING PHYSICAL 301 Jackson Street 1422 Eugene Heimann Circle, Room 10142 Richmond, Texas 77469 Richmond, Texas 77469 http://www.fortbendcountygov.com quick link- District Clerk . .'.., ANNIE REBECCA ELLIOTT DISTRICT CLERK Fort Bend County, Texas (281) 341-4516 Fax (281) 341-4519 August 12, 2015 To: John Harrity State's Appeal Attorney 1422 Eugene Heimann Circle, f3oQm20234 .· Richmond, Texas 7746~. -·· · · · Re: Cause No: 94~0CR~0261•85 HC 4 (Supplemental Amended 1\pplication) Ex Parte, _ · JASON TYRONE~PEGUES Dear Sir, In ac;cord<:!n.cewith·Code of Criminal Procedure;.:Article 1.1.07, please find enclosed a copy of the following on·the above referenced .c_9u_se: . · • Su-pplemental Amended :Application For A Writ ofHabeas Corpus Seeking Relief From Final Felony Conviction Unde~.'Code of Crimihal Procedure, Artide{1.07 HC4 · • Applicant's Supp-lemental ·. . Amended Application ., \", Memoranc:furn ··. ··. . ·_. of ... Law Under Art. 11.07 ;Please acknowledge .reCeipt oHhe)c3bqve,p$~·gfs by cqmpleti~§_.th~,;:Acknowledgement of Receipt attached. Thank you. · '':~;- . ·:· "~ :: ·· ,-~;<···, :· . i ...... .• ·.::-·1.: .· .!" DISTRICT CLERK ANNIEREBECG_A ELuo#\' .\ n· .···cen'tfE· I'E)·e·· .> · !· vr . -Di . ~ .-·: cc: Jason Tyrone Pegues Huntsville Unit 815 12th Street D!SUHGT ATTORNEY'S OFFICE Huntsville TX 77348 'ACKNOWLEDGEMENT OF -RECEIPT . ·~··· - ·.r..• ,.,,";;...,...~ •• --- Received By Fort 8:- Co:;:.istrict Attorney: . ·-fYJ@;ftt .~ oL Date MAILING PHYSICAL 301 Jackson Street 1422 Eugene Heimann Circle, Room 10142 Richmond, Texas 77469 Richmond, Texas 77469 http://www.fortbendcountygov.com quick link- District Clerk ATTACHMENT ''C'' EXHIBIT  94-'JCR-Il26185 lETI Letters ,~. IRI - MR.JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 77348 AUGUST 26th,2015 TO: THE CLERK OF THE COURT ANNIE REBECCA ELLIOTT FORT BEND COUNTY,TEXAS 301 JACKSON RICHMOND, TEXAS 77469 R~: FILING THIS OBJECTION AND PRESENtiNG DESIGNATING ISSUES IN REF. TO CAUSE N0.94-DCR-026185 HCS DEAR CLERK OF THE COURT: ENCLOS~D IS A MOTION OBJECTING TO THE RESPONDENT'S ORIGINAL ANSWER AND PRESENTING DESIGNATING ISSUES IN THE ABOVE MENTIONED CAUSE NUMBER. IF YOU WILL PLEASE FILE THIS IN THE 240th DISTRICT COURT SO THAT IT MAYBE CONSID~RED AND RULED ON AND ATTACHED AND REFERENCED TO THE HABEAS PROCEEDING IN MOTION, I WOULD REALLY APPRECIATE IT. FURTHERMORE, PLEASE FILE THIS NOTE ALONG WITH THE OTHER DOCUMENTS TO BE FORWARDED TO THE COURT OF CRIMINAL APPEALS FOR EVIDENCE OF DUE DILLIGENCE ON THE PART OF THE APPLICANT. LASTLY, PLEASE FILE STAMP THESE DOCUMENTS AND RETURN RECEIPT A COPY FOR ME IN THE SASE. THANK YOU FOR YOUR TIME AND ASSISTANCE. 77348 FILED cc/fi1e: · lJJf5 AUG 28. PH 3: oz 1 of 1 . :' ..:·:, • 94-DCR-026185 OTPF' Other Prooeedlngs Flltd 37455114 CAUSE N0.94-DCR-026185 HCS Ill 1/1/IJIIII!IImllll/ll/IJ/1/1111 JASON T. PEGUES #728196 § THE 240th DISTRICT COURT ~fK~I£ii!-----------~-- § § vs. OF § § FORT BEND COUNTY, TEXAS § APPLICANT'S OBJECTION TO THE RESPONDENT'S ORIGINAL ANSWER UNDER TEXAS RULES OF APP.PROt.33.1 AND APPLICANT'S DESIGNATING ISSUES UNDER ART.ll.07 §3(b) OF THE TEXAS CODE OF CRIMINAL PROCEDURE TO THE HONORABLE COURT: COMES NOW,IASQ~-!~_PEQQ~~-!1~~196, APPLICANT, Pro-se, IN THE ABOVE CAUSE OF ACTION RESPECTFULLY SUBMIT THIS OBJECTION TO THE RESPONDENT'S ORIGINAL ANSWER UNDER TEXAS RULES OF APP.PROC.33.1 AS WELL AS THE APPLICANT PRESENTING HIS DESIGNATING ISSUES UNDER ARTICLE 11.07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE IN REFERENCE TO CAUSE N0.94-DCR- 026185 HCS. THE APPLICANT WOULD LIKE TO SHOW THIS HONORABLE COURT THE FOLLOWING: AROUND .:!.!!1!-~l.t..£2.11• APPLICANT FILED A SUPPLEMENTAL AMENDED WRIT OF HABEAS CORPUS APPLICATION WHICH THE RESPONDENT RECEIVED THE APPLICATION ON !.!!Q.!!~!-1.t..~.Q.l1· ON ~.!!2!-~1~.Q.11 THE RESPONDENT ORIGINAL ANSWER (A COPY OF) WAS SENT TO THE APPLICANT IN WHICH NOW THE APPLICANT OBJECTS AND PRESENT DESIGNATING ISSUES IN REFERENCE TO THE APPLICATION. ,., l~ -1- Datet AUG 31 2015 ROUTED TO OOUF1T I=!T'D TO D. CLERK ON AQQUS!_£1~~Ql1, THE APPLICANT RECEIVED THE RESPONDENT'S ORIGINAL ANSWER IN WHICH THE APPLICANT IS OBJECTING TO DUE TO THE RESPONDENT'S FAILURE TO DIRECTLY ADDRESS THE APPLICANT'S CLAIMS PRESENTED IN HIS APPLICATION. FIRST, THE APPLICANT WOULD LIKE TO REMIND THIS HONORABLE COURT THAT DUE TO THE COURT APPOINTED COUNSEL CARY M.FADEN WHO WAS THE APPLICANT'S COUNSEL AT TRIAL COMMITTING AGGRAVATED PERJURY IN A HABEAS PROCEEDINGS CAUSED THE APPLICANT'S APPLICAtiONS HC3 and HC4 TO BE RECONSIDERED. THIS APPLICATION THAT THE RESPONDENT IS CLASSIFYING AS THE APPLICANT'S FIFTH APPLICATION IS NOT HIS FIFTH BUT IS A SUPPLEMENTAL AMENDED APPLICATION IN REFERENCE TO HC3 WHICH WAS RECONSIDERED DUE TO THE AGGRAVATED PERJURY THAT WAS COMMITTED BY COUNSEL CARY M.FADEN. SECONDLY, THE APPLICANT'S INITIAL APPLICATION WAS CLOSE TO 15 PAGES LONG, HOWEVER, DUE TO THE APPLICATION BEING RECONSIDERED, THIS APPLICATION TRIPLES THAT AMOUNT DUE TO NEW INFORMATION, NEW EVIDENCE, NEW FACTS, NEW ISSUES, ALL PROVEN BEYOND REASONABLE DOUBT BY WAY OF THE OFFICIAL RECORDS IN THIS CASE AND SUPPORTED BY STATE, FEDERAL, AND SUPREME COURT CASES, AND THE RESPONDENT HAS NOT DIRECTLY ADDRESSED ANY OF THE CLAIMS AND ISSUES SPECIFICALLY PRESENTED BY THE APPLICANT IN HIS APPLICATION. THE APPLICANT IS REQUESTING THAT THIS HONORABLE COURT ORDER THE RESPONDENT TO DIRECTLY ADDRESS THE FOLLOWING DESIGNATING ISSUES AND UNRESOLVED FACTS IN THIS CASE DUE TO THE RESPONDENT ATTEMPTING TO REDIRECT THE COURT'S ATTENTION AS TO HOW GUILTY THE APPLICANT WAS IN TRIAL WHEN IN FACT THE APPLICANT IS REQUESTING THAT THIS HONORABLE COURT REVIEW THE INITIAL POLICE INVESTIGATION IN THIS ·----·-- ----- CASE £§.1~.?_, ·sYECIFICALLY: 1) THE POLICE OFFICERS QUESTIONING THE APPLICANT AT SCHOOL IN A OFFICE -2- ' ALONE ABOUT A CRIMINAL ACT WITHOUT THE CONSENT, INFORMANCE, OR NOTIFICATION OF HIS PARENTS. 2) HOW MANY TIMES THE OFFICERS CAME TO THE APPLICANT'S SCHOOL TO QUESTION HIM ABOUT A CRIMINAL ACT WITHOUT EVER NOTIFYING HIS PARENTS. 3) ALTHOUGH THE APPLICANT WAS CLASSIFIED AS A WITNESS ACCORDING TO THE RECORD, THE POLICE OFFICERS FAILED TO COME TO THE APPLICANT'S HOME WHERE HIS PARENTS WOULD BE PRESENT TO MAKE DECISIONS FOR THEIR CHILD AND QUESTION HIM BUT INSTEAD WAITED UNTIL THE CHILD WAS AT SCHOOL TO QUESTION HIM IN A OFFICE ALONE AVOIDING PARENTAL INTERFERENCE WHICH IS DUE PROCESS VIOLATION AND PREJUDICIAL ERROR AS WELL AS COERCIVE POLICE CONDUCT. 4) FAMILY CODE ANN.S2.02(b) WAS VIOLATED WHEN THE APPLICANT WAS ILLEGALLY ARRESTED ON MARCH 3,1994 AT 1100 hours and HIS PARENTS WERE NOT NOTIFIED UNTIL 1607 hours WHICH IS A FIVE HOUR AND SEVEN MINUTE DELAY. THE STATUE STATES THAT A 'PARENT MUST BE TOLD PROMPTLY THAT THE CHILD HAS BEEN ARRESTED AND WHY WHICH THE OFFICERS FAILED TO DO. 5) THESE PARTICULAR VIOLATIONS RESULTED IN THE CHILD GIVING A STATEMENT THAT WAS USED AGAINST HIM IN TRIAL WHEN IN FACT THESE VIOLATIONS WARRANTS THE STATEMENT INADMISSIBLE. 6) THE OFFICIAL I~VESTIGATING RECORD THAT IS PRESENTED IN THE APPLICANT'S APPLICATION WAS SEALED BY THE JUVENILE COURT AFTER THE APPLICANT WAS CERTIFIED. WHETHER THE STATE DISCLOSED THIS FAVORABLE Ir . i EVIDENCE TO THE DEFENSE IS TO BE QUESTIONED AND REVIEWED DUE TO THE ' COURT APPOINTED COUNSEL CARY M.FADEN NEVER PRESENTING THE INVESTIGATING RECORD NOR THESE PARTICULAR ISSUES AND VIOLATIONS IN DISTRICT COURT WHICH COULD HAVE BEEN PROVEN BEYOND A REASONABLE DOUBT BY THE INVESTIGATING RECORD THAT WAS SEALED BY THE JUVENILE COURT. COUNSEL EITHER IGNORED AND NEGLECTED THE ISSUES AND VIOLATIONS OR THE STATE NEVER DISCLOSED THIS PARTICULAR EVIDENCE TO THE DEFENSE. 7) DUE TO APPLICANT'S DNA MOTION PENDING TN THE TRIAL COURT WHERE THE TRIAL JUDGE ISSUED ORDERS TO VARIOUS PARTIES FOR THE LOCATION FOR -3-  EVIDENCE IN THIS CASE, WITH THE STATEMENT THAT WAS ILLEGALLY TAKEN, SECURED AND USED AGAINST THE APPLICANT WHICH THAT STATEMENT WAS OVER 90% OF THE APPLICANT'S CONVICTION, WITH THE APPLICANT PROVING THAT THE STATEMENT WAS ILLEGALLY TAKEN IN THIS APPLICATION, AND WITH THE STATE NOT BEING ABLE TO PRESENT THE EVIDENCE IN THIS CASE, SIMPLY ENTITLES THE APPLICANT TO RELIEF. 8) IN THE RESPONDENT'S INITIAL ANSWER LEDAY'S CASE WAS USED BY THE RESPONDENT TO SUPPORT REASON FOR WANTING TO BAR THE APPLICANT'S CLAIMS BY THE DOCTRINE OF LACHES, HOWEVER, THE APPLICANT USED THE LEDAY'S CASE IN SUPPORT OF THE APPLICANT NOT BEING ABLE TO PRESENT THESE CLAIMS YEAR~ AGO AND SHOWING THAT THE DeGarmo DOCTRINE STILL APPLIED IN THIS CASE THEREFORE SHOWING THAT THE LIMIT SET-OUT IN LEDAY DID NOT APPLY TO THE APPLICANT. 9) THE RESPONDENT STATED ON PAGE 17 .OF .HIS ANSWER: " ••• ANY ERROR COMMITTED BY THE POLICE WAS HARMLESS ERROR", WHICH IS NOT ACCEPTED OR JUSTIFIED IF POLICE ERROR IS PROVEN BEYOND REASONABLE DOUBT, STATE, FEDERAL, AND SUPREME COURT HAS AGREED THAT IF CONSTITUTIONAL RIGHTS AND SUBSTANTIAL RIGHTS ARE VIOLATED AND AFFECTED, THE INTEGRITY OF THE COURT AND JUSTICE SYSTEM WILL BE FAIR IN ITS JUDGEMENTS OF THE VIOLATIONS. AGAIN, THE APPLICANT IS 'ONLY REQUESTING THIS HONORABLE COURT TO REVIEW THE INITIAL POLICE INVESTIGATION OF THIS CASE, BUT THE RESPONDENT IS HIGHLIGHTING THE PROOF OF GUILT WHEN THE APPLICANT IS NOT CONTESTING THAT BUT IS PRESENTING BY SHO!HNG. THE COURT Tl{AT 'l'HE INITIAL POLICE INVESTIGATION IN THIS CASE WHERE CONSTITUTIONAL RIGHTS AND SUBSTANTIAL RIGHTS WERE VIOLATED, RESULTING THAT THESE PLAIN ERRORS WERE PREJUDICIAL WITHOUT .THE VIOLATIONS THAT OCCURRED IN THE INITIAL POLICE INVESTIGATION THE APPLICANT WOULD NOT HAVE BEEN CONVICTED DUE TO THE LACK OF EVIDENCE. THE APPLICANT IS OBJECTING TO THE RESPONDENT'S ORIGINAL ANSWER AS HE PRESENTS THESE PARTICULAR DESIGNATING ISSUES AND UNRESOLVED FACTS IN THIS CASE. THE RESPONDENT'S ORIGINAL ANSWER IS THE SAME EXACT ANSWER THE RESPONDENT SUBMITTED IN THE APPLICANT'S INITIAL APPLICATION. -4- HOWEVER, THIS APPLICATION PRESENTS NEW ISSUES, NEW FACTS, NEW LAW, NEW EVIDENCE, ALONG WITH NEW SUPPORTING STATE, FEDERAL, AND SUPREME COURT CASES, IN WHICH THE RESPONDENT FAIL TO ADDRESS BUT INSTEAD REQUESTING AND SUGGESTING THAT THE SAME COUNSEL WHO COMMITTED AGGRAVATED PERJURY IN THE INITIAL APPLICATION CAUSING IT TO BE RECONSIDERED, TO RESPOND TO THE CLAIMS IN THIS APPLICATION WHEN HIS CREDIBILITY HAS BEEN TAINTED WITH AGG~AVATED PERJURY WHICH IS WHY THE APPLICANT PRESENTED THE OFFICIAL RECORDS IN THIS CASE. THE APPLICANT HAS PROVEN. BEYOND REASONABLE DOUBT THE CLAIMS AND ISSUES PRESENTED, HOW HE WAS HARMED BY THESE VIOLATIONS AND HOW THE OUTCOME WOULD HAVE • BEEN DIFFERENT, IN WHICH IN THE INITIAL APPLICATION BEFORE RECONSIDER- ATION, APPLICANT FAILED TO DO, BUT SINCE THE APPLICATION WAS RECONSIDERED, THE APPLICANT MADE SURE TO PROVE BEYOND A REASONABLE DOUBT, HOW HE WAS HARMED BY THE VIOLATIONS, AND HOW THE OUTCOME OF THIS CASE WOULD HAVE BEEN DIFFERENT, BUT THE RESPONDENT OBVIOUSLY FAIL TU BEVIEW THE APPLICATION SINCE THE RESPONDENT'S ANSWER IS PRIMARILY THE EXACT SMAE ANSWER SUBMITTED WHEN THE APPLICANT FILED HIS INITIAL APPLICATION FEBRUARY 10,2~14. !!!!!! WHEREFORE PREMISES C6NSIDERED, .tHE APPLICANT PRAYS THAT THIS HONORABLE COURT GRANT THIS MOTION OF PRESENTING THESE DESIGNATING ISSUES AS THE APPLICANT REQUEST THIS COURT TO ORDER THE RESPONDENT TO DIRECTLY ADDRESS THESE DESIGNATING ISSUES AND THE CLAIMS PRESENTED IN HIS APPLICATION , AS WELL AS PRAY THAT THIS HONORABLE COURT TAKES THIS OBJECTION INTO CONSIDERATION. OVER-ALL THE APPLICANT ONLY REQUEST THAT THE RESPONDENT'S ANSWER DIRECTLY. ADDRESS THE INITIAL POLICE ERRORS AND VIOLATIONS THAT OCCURRED IN THE INVESTIGATION OFTHIS CASE .££1~2_, NOT HOW GUILTY THE APPLICANT WAS PROVEN TO BE GUILTY IN TRIAL BUT THE -5-  ERRORS AND VIOLATIONS THAT OCCURRED IN THE INITIAL POLICE INVESTIGATION IN THIS CASE. EXECUTED ON THIS 26th day of ~.QQQ~!• 201..?_· RESPECTFULLY SUBMITTED, ~~ii7jf{;ty-Lr~ APPLICANT: HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 77348 I,l~~Q!_!~_f!QQ!~_!l£~.1.2~• HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE APPLICANT'S OBJECTION AND PRESENTING DESIGNATING ISSUES HAS BEEN ~MAILED via U.S. POSTAL SERVICE TO THE DISTRICT CLERK, ANNIE REBECCA~ELLIOTT, THE 240th JUDICIAL DISTRICT COURT IN FORT BEND COUNTY, TEXAS WHERE THE HONORABLE JUDGE THOMAS R.CULVER,III PRESIDES, FOR FILING AND PRESENTATION TO SAID COURT. SIGNED ON IRIS 26th day of ~QQQST,IQ11· 15 12th STREET HUNTSVILLE, TEXAS 77348 I, l~~QB_!~_f!QQ!~_!l£~12~• PRESENTLY INCARCERATED IN WALKER COUNTY, TEXAS HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE AFOREMENTIONED IN MY OBJECTION AND PRESENTATION IS TRUE AND CORRECT. ____'l£Zlt4- if728196 HUNTSVILLE, TEXAS 77348 cc/file: -6- MR. JASON T. PEGUES #728196 \, HUNTSVILLE UNIT 815 12th STREET ~·\C)P.ri·i ~+:-HX:':'TC:+.\ "Y:< ·:;:;;? HUNTSVILLE, TEXAS 77348 2'6 .M.lG .?.D:f5 PM .·7 t ANNIE REBECCA ELLIOTT *LEGAL MAIL* FORT BEND COUNTY DISTRICT CLERK 301 JACKSON RICHMOND, TEXAS 77469 ' .. : ;y ?.74t;9::t:3 i oa· :::::·cn:j i ,,,,,,I IIll I,,,,,,, i1' j i 'I iIi,,; i1'1} IIi IIi f i IjI iii iii if J I j j J,, I I I \ j I .> \ ATTACHMENT - EXHIBIT ' ' CAUSE NO. 94-DCR-026185 THE STATE OF TEXAS § IN THE DISTRICT COURT § VS. § FORT BEND COUNTY, TEXAS § JASON TYRONE PEGUES § 240TH JUDICIAL DISTRICT STATE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION FOR FORENSIC DNA TESTING TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW THE S'TATE OF TEXAS, by and through its district attorney, files this State's Answer to Motion for Forensic DNA testing and would show the following: 1. On July 20, 1994, Jason Tyrone Pegues (Movant) was found guilty of aggravated sexual assault of a child, and sentenced to 50 years in the Texas Department of Criminal Justice, Institutional Division. He has now filed a Motion for DNA testing. 2. Pursuant to Tex. Code Crim. Proc. art. 64.02, the State not later than the 60th day after the date the motion is served on the, attorney representing the state shall: (A) deliver the evidence to the court, along with a description of the condition of the evidence; or (B) explain in writing to the court 'YhY the state cannot deliver the evidence to the court. 3. The State would respectfully request an extension of time to file its response. 4. This is the State's first request for extension of time in this case.  5. The undersigned is one of three attorneys responsible for all appellate matters for the Fort Bend County District Attorney's Office and is involved in the preparation of other direct appeal briefs or post- conviction writs. 6. The State is in the process of obtaining affidavits regarding the location of the evidence to assist the Court in determining whether to order forensic DNA testing in this case. 7. A realistic time that the State believes it could have its response filed in the present case is June 29, 2015. 8. Therefore, the State would request an extension of time until June 29, 2015, to file its response. If there is any way to complete the State's response before that date, the State will forward its response to the Court as soon as it is completed. 9. This extension is not sought for the purpose of delay. WHEREFORE, PREMISES CONSIDERED, the State prays that this Honorable Court grant this motion and extend the deadline for filing the State's response in this case to June 29, 2015. Respectfully submitted, JOHN J. HARRITY, III ASST. DISTRICT ATTORNEY Fort Bend County, Texas State Bar Number 09133100 3 0 1 Jackson Street, Room 10 1 Richmond, Texas77469 Phone: (281) 341-4460 Fax: (281} 238-3340 J ohn.Harrity@fortbendcountytx.gov  CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been sent to Jason Tyrone Pegues, Huntsville Unit, 815 12th Street, Huntsville, Texas 77348 on the date of the filing of the original with the Clerk of this Court. Mattie Sanford Certificate of Compliance with Texas Rule of Appellate Procedure 9.4(i)(3) In accordance with Texas Rule of Appellate Procedure 9.4(i)(3), I, John Harrity, hereby certify that the foregoing electronically created document has been reviewed by the word count function of the creating computer program, and has been found to be in compliance "":ith the requisite word count requirement in that its word count with regard to those portions of the brief subject to the word count requirement is 556 words. John Harrity  CAUSE NO. 94-DCR-026185 THE STATE QF TEXAS § IN THE DISTRICT COURT § vs. § FORT BEND COUNTY, TEXAS § JASON TYRONE PEGUES § 240TH JUDICIAL DISTRICT ORDER ON STATE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION FOR FORENSIC DNA TESTING On this date, the Court considered the State's Motion for Extension of Time to File its Response to Defendant's Motion for DNA Testing. After due consideration, the State's Motion is GRANTED. The deadline for the State's Response is now extended to the June 29, 2015. Signed this _ _ day of _ _ _ _ _ _, 2015. Hon. Thomas R. Culver, III Presiding Judge, 240th District Court / / ATTACHMENT ,EXHIBIT  94·-DCR-026185 ' ORDER rr(~J· WJY(\\ Order - ~yu. CAUSE NO. 94-DCR-026185 THE STATE OF TEXAS § IN THE DISTRICT COURT § vs. § FORT BEND COUNTY, TEXAS § JASON TYRONE PEGUES § 240TH JUDICIAL DISTRICT ORDER ON STATE'S MOTION TO ENTER ORDERS SO THAT THE STATE MAY RESPOND TO THE DEFENDANT'S MOTION FOR FORENSIC DNA TESTING On this date, the Court considered the State's "Motion to Enter Orders so that the State may Respond to the Defendant's Motion for Forensic DNA Testing". In order for this Court to make the findings required by Tex. Code Crim. Proc. art. 64 this Court hereby ORDERS: 1. Former Assistant District Attorney, James Sidney Crowley is ORDERED to file an original and three copies of his affidavit within 30 days of this ORDER with the Fort Bend County District Clerk's Office specifically addressing his recollection, if any, regarding their receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence in this case, including the blood and hair from the complainant and the defendant in this case, along with any records supporting the same; 2. Former Assistant District Attomey,Teana Watson is ORDERED to file an original and three copies of her affidavit within 30 days of this ORDER with the Fort Bend County District Clerk's Office specifically addressing her recollection, if any, regarding their receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence, including the blood and hair from the complainant and the defendant in this case, along with any records supporting the same. 3. Court Reporter Lorie Crawford is ORDERED to file an original and three copies of her affidavit within 30 days of this ORDER with the Fort Bend ROUTED TO COURT JUN 2'4 Z01S pL RT'D TO D. CLERK 1-t -1 ~ U'  County District Clerk's Office .specifically addressing her recollection, if any, regarding her receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence, including the blood and hair from the complainant and the defendant in this case, along with any records supporting the same and any policies regarding the destruction/disposal of said evidence between the time of the defendant's trial to date. 4. A representative from the Houston Police Department's Crime Laboratory is ORDERED within 45 days of this ORDER to file an original and three copies of his or her affidavit with the Fort Bend County District Clerk's Office specifically addressing their recollection, if any, in HPD Case# 140481893 or 140481893B and LAB#L94-159, regarding their receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence, including the blood and hair from the complainant and the defendant in this case, the knife handle and telephone book along with any records supporting the same and any policies regarding the destruction/disposal of said evidence between the time of the defendant's trial in 1995 to date. Further a representative from the Houston Police Department's Crime Laboratory shall state in their affidavit: ( 1) Whether the evidence recovered in the case still exists; (2) If the evidence still exists, is it in a condition that makes DNA testing possible; (3) Whether the evidence has been subjected to a chain of custody sufficient to preclude the possibility of substitution, tampering, replacement, or material alterations; (4) whether the evidence in this case was previously subjected to DNA testing and (5) If the evidence was previously subjected to DNA testing, are there newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the ·previous test. In making this determination this Court ORDERS that a representative from the Houston Police Department's Crime Laboratory make necessary arrangements or seek further orders from this Court to have the evidence that is not presently in their possession delivered to their lab from anyone  currently in possession of the evidence. If any evidence is missing or has been destroyed relating to the present case the affidavit shall state the date of destruction or an explanation on why the exhibits can no longer be located and the approximate date of their loss. 5. Courtney Head, Martin Lopez, and/or a representative from the Houston Forensic Science Center is ORDERED within 45 days of this ORDER to the Fort Bend County District Clerk's Office specifically addressing their recollection, if any, in HPD Case # 140481893 or 140481893B and LAB#L94-159, regarding their receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence, including the blood and hair from the complainant and the defendant in this case, the knife handle and telephone book along with any records supporting the same and any policies regarding the destruction/disposal of said evidence between the time of the defendant's trial to date. · Further, Courtney Head, Martin Lopez, and/or a representative from the . Houston Forensic Science Center shall state in their affidavit(s): (1) Whether the evidence recovered in the case still exists; (2) If the evidence still exists, is it in a condition that makes DNA testing possible; (3) Whether the evidence has been subjected to a chain of custody sufficient to preclude the possibility of substitution, tampering, replacement, or material alterations; (4) whether the evidence in this case was previously subjected to DNA testing and (5) If the evidence was previously subjected to DNA testing, are there newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous test. In making this determination this Court ORDERS that Courtney Head, Martin Lopez, and/or a representative from the Houston Forensic Science Center make necessary arrangements or seek the assistance of the Fort Bend County District Attorney's Office to obtain additional orders from this Court to have the evidence that is not presently in their possession  delivered from anyone currently in possession of the evidence to their lab. If any evidence is missing or has been destroyed relating to the present case the affidavit(s) from Courtney Head, or a representative from the Houston Forensic Science Center shall state the date of destruction or an explanation on why the exhibits can no longer be located and the approximate date of their loss. 6. A representative from the Fort Bend County District Clerk's Office is ORDERED to file an original and three copies of an affidavit specifically addressing regarding his recollection, if any, regarding their receipt, delivery, handling, chain of custody, maintenance, storage and condition of the evidence, including the blood and hair from the complainant and the defendant in this case, along with any records supporting the same and any policies regarding the destruction/disposal of said evidence between the time of the defendant's trial to date. The affidavit shall also state whether any exhibits are missing or have been destroyed relating to the present case. If any of the above named items are missing or destroyed, to state the date of the loss or destruction. It is further ORDERED that the affidavits ordered above should be sufficiently detailed to allow this Court to make findings of fact The Fort Bend County District Attorney's Office shall make copies of the court reporter's record and photocopies of the exhibits admitted during trial and the · offense report available to any of the Affiants named above that have been ordered to provide affidavits upon their request for the same. Upon receipt of these affidavits, the District Clerk shall immediately mail a copy to Applicant and the Appellate Division of the Fort Bend County District Attomey'.s Office. The State will have 30 days following the date that it receives all of the ... ( . affidavits listed above or 60 days from the date of this order, whichever is later to: (A) deliver the evidence to the court, along with a description of the condition of the evidence; or (B) explain in writing to the Court why the state cannot deliver the evidence to the Court. The clerk of the Court is ORDERED to send a copy of this order to Jason Tyrone Pegues and to the Appellate Division of the Fort Bend County District Attorney's Office. ~ Signed t~ day of , 2015. r-.. r;) /7 /J 0 ..· -K ~(;w-- Hon. Thomas R. Culver, III 1 Presiding Judge, 240th District Court FILED 1015 JUN 24 PH I: 47 .~~(~C'4.-' ~ {_ ~ CLERK DISTRICT COURT ~ Fmn RPm r.r:t . rx ATTACHMENT ''F'' EXHIBIT  COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Jason T. Pegues Appellate case number: • ';1". Ol-I5..:QQ535-CR Trial court case number: 94-DCR-026185 Trial court: 240th District Court of Fort Bend County The Court REQUESTS a response to the petition for writ of mandamus from the State of Texas. The response, if any, is due 30 days from the date of this order. It is so ORDERED. Judge's signature: __Is/ Harvey Brown X Acting individually Date: June 23, 2015  _____ :z::.- --~:~:;:.-:;:_•. ···-·-· · - - - - · - · - -0':'~1~-• • ~~---.,_~- --:--·· ···~--~-----...·~-·-·:...>;;"'""':'~--:-·~.. -;<"·-··--------.. .-- _____.. . . _, . __) -----·~-~~:-; Court of Appeals, First District oFildi~c~s:ilsrtJess U.S. POSTAGE)) PITNEY BO,WES ...' l 301 Fannin Street STATE''b'F ·s\1 TEXAS ....?' l~ '! ~Si.ir:Y~.e5.5 ~-- ·r..- •....,. ·.:1 ~n J ., ..., Houston, Texas 77002-2066 '1-.,J.:.-r't1=0R . PEM:A .... I $ 000 ZIP 7.7002 02 1V'I • 480 PRIV~fEl.USE 0001172104JU~ 23. 2015 '; Cv 6,\ g /! CASE N;~,. 01-15-00535-CR JASON T. PEGUES TDCJ# OQ728196 HUNTSV:LLE UNIT .815 12T~I STREET HUNTSV;LLE, TX 77348 77348 •llpl••llllll\pj••ll!jl il u 1\1 1'11111 1\ 'llll'U 'ltiJl••H,l, 11, l-----~-·--· ----------~----~~--~·----~----~-----~  ') FIRST COURT OF APPEALS 301 Fannin Streq~ H:(:lU$T()i'!J Houston, Texas lff-,~0!6 U.S. POSTAGE» PITNEY BOWES {/_.~ RE: Case No.2(£tdi.sli.obl:~-CR '~l!l!!:i!.\ ~ ~w:::..... >"'? . Style: In re Jason T-~Plp~~tts ZIP 77002 $ 02 m 000. •34 0 0001372104JUL. 2~ 2015 The Real party in i~terest's response has been received and filed on the above date in the above referenced cause. T. C. Case # 94-DCR-026185 Christopher A. Prine, Clerk of the Court Jason T. Pegues TDCJ# 00728196 Huntsville Unit c. r;;./) 'g 815• 12th Street Huntsville, TX 77348 m,u., .. l,li ·l·i 1111 1"'" ,.j 11 1\li.i., 11 ,1n. Ph1. 1•• ,ii, "11 ·• " '- .. :' -:.....__ . I ..... J ATTACHMENT ''G'' EXHIBIT  CAUSE No.26185 ----- § THE 240th DISTRICT COURT § § § § § v. § OF § § § § FORT BEND COUNTY, TEXAS § § POST-CONVICTION FORMAL ~OTION FOR !~!!!~!£-~!!~!!!!!!~ TO THE HONORABtE JUDGE OF SAID COURT: C01'1ES NOW, ill.Q.!_!.:._!]..9J!n.Jtll.§.l96, PETITIONER, Pro-se, IN THE ABOVE STYLED AND NUMBERED CAUSE OF ACTION RESPECTFULLY SUBMIT THIS POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING, PURSUANT TO THE PROVISION~ OF art. 64~01 (a),(b),(l),(B) OF VERNON'S ANN. TEXAS CODE OF CRIMINAL PROCEDURE, AND WOULD LIKE TO SHOW THIS HONORABLE COURT OF THE STATE OF TEXAS THE FOLLOWING: THIS IS A POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING ' PURSUANT TO THE PROVISIONS OF art. 64.01 (a),(b),(l),(B) OF VERNON'S ANN. TEXAS CODE OF CRIMINAL PROCEDURE, ASKING THIS HONORABLE COURT TO DETERMINE WHETHER THE EVIDENCE IS IN A CONDITION THAT MAKES DNA TESTING POSSIBLE, AND WHETHER THE EVIDENCE HAS'-"'BEEN' SUBJECTED TO A PROPER CHAIN OF CUSTODY.  THE OFFENSE FOR WHICH THE PETITIONER WAS TRIED OCCURRED ON • DEC!~.!!ER_28.z.l221· THE PETITIONER WAS SIXTEEN (16) YEARS OF AGE AT THE TIME OF THE OFFENSE AND WAS CERTIFIED AS AN ADULT AT THE AGE OF. SEVEN-TEEN (17) ON ~!f!!!1.!!!.L!!.z.l2.2.~.:. THE PETITIONER WAS CONVICTED BY JURY ON .:l!!!:! _ _g_Q:.!..l.22.1 FOR AGGRAVATED SEXUAL ASSAULT IN THIS HONORABLE COURT AND SENTENCED TO _FIFTY (50) YEARS IN PRISON •. THE INVESTIGATING/ARRESTING RECORD OF SAID CAUSE NUMBER .£~1~' SPECIFICALLY ON PAGES 2.011,2.015, and 2.017, SHOWS THAT ON ,:!!!!!~!!.!2.z.l2..2,!!_, ALTHOUGH THERE WERE NO SUSPECTS, DNA WAS DETECTED. DURING THE VICTIM'S MEDICAL EXAMINATION, RECEIVED JRO~ CENTRALIZED I EVInENCE, AND RETAINED AT THE LABORATORY FOR FURTHER ANALYSIS, (SEE ATTACHMENT "A';), WHICH CONFIRMS THAT BIOLOGICAL MATERIAL SECURED BY OFFICIALS EXISTED AND COULD BE SUBJECTED TO DNA TESTING. HOWEVER, DURING THE PETITIONER'S TRIAL WHICH WAS APPROX. A YEAR AND A HALF LATER, ~NA WAS NOT ADMITTED INTO EVIDENCE~ CONVICTING THE PETITIONER WAS ' SECURED BY STATEMENTS, AND .!.Q! BY DNA OR ANY KIND OF BIOLOGICAL MATERIAL. ~· .: ... .-2- I,~~~Q~_I~_!~QUE~_!l£~196, RESPECTFULLY REQUEST THAT THIS HONORABLE ' COURT TAKES JUDICIAL NOTICE PURSUANT TO TEXAS RULES OF EVIDENCE, RULE (20l(d)), OF ALL THE FOLLOWING ISS~ES AND EVIDENCE PRESENTED IN THIS MOTION, -3-  ISSUE PRESENTED -------------- I. THROUGH RECENT ACQUIRE OF THE INVESTIGATING/ARRESTING RECORD IN ---- REFERENCE TO CAUSE No.2 6·18 S, A GOVERNMENTAL RECORD, STATING THAT . ,DNA '::-;· WAS DETECTED ON .:!!;~.!!!!.Y.2.L.l22.~ AND THE PETITIONER BEING ARRESTED ON ~!RCli_l.L.l.2.2~• HAS REASONABLY PROVOKED THE FILING OF THIS MOTION. INITIALLY THERE .WERE NO SUSPECTS IN THIS CASE. ACCORDING TO THE INVESTIGATING/ A~RESTING RECORD, THE PETITIONER liHO WAS A JUVENILE. AT TljE· TIME, WAS CLASSIFIED AS ONLY A W.ITNESS. THE OFFENSE OCCURRED ON Q!£EMJ!!!_£!i.L.l.2.21 AND SIX (6) DAYS LATER, .:!!!!!!!.n_l.t.l2.2~• THE RECORD SHOWS THAT DNA WAS DETECTED. THR~UGH-OUT MONTHS OF VIOLATING iHE ,. . JUV~NILE'S DUE PROCESS RIGHTS UNDER THE 14th AMENDMENT OF THE UNITED STATES c·ONSTITUTION, QUESTIONING/INTERROGATING. THE CHILD WITHOUT THE INFORMANCE, CONSENT, OR NOTIFICATION OF THE CHILD'S PARENT(s), COMMITTING PLAIN ERRORS THAT WERE PREJUDICIAL, AND VIOLA1ING FAMILY/ PARENTAL NOTIFICATION CODES AND REQUIREMENTS,~ !!.Q!!L!!!~_J!!~!!L!H!.J!!~· THE PETITIONER'S "ARREST" HAD NOTHING TO DO WITH DNA OR ANY KIND OF PHYSICAL EVIDENCE. THE "ARREST" WAS BASED ON THE VIOLATIONS· AND· ERRORS.~ENTIONED ABOVE, NOT FROM CONFIRMATION OF. DNA. THE PETITIONER'S CONVICTION WAS FOUNDATED, BUILT·ON AND SECURED BY AN ILLEGAL TAKEN STATEMENT~ VIOLATING VERNON'S ANN. TEXAS CODE OF CRIMINAL PROCEDUlE II. WITH THE INVESTIGATING RECORD SHOWING THAT DNA WAS DETECTED o• .:!!!!l!!.!_1.z.l2.2.~• PETITIONER'S TRIAL DID NOT OCCUR UNTIL AROUND .:!!!1!_£Q.L.l2.2.1· THERE WAS NO DNA ADMITTED INTO EVIDENCE AT TRIAL CONFIRMING THE J:>ETITIONER AS THE PERPETRATOR. DUE TO THE ILLEGAL TAKEN STATE~ENT/CONFBSSION BEING AQHITTED INTO EVIDENCE ALONG WITH THE -4-  :~, .. JUDICIAL CONFESSION UPON THE PETITIONER TAKING THE STAND DURING THE PUNISHMENT PHASE OF TRIAL, THE BELIEF IS TO BE FALSE OF DNA CONFIRMING THE PETITIONER AS THE PERPETRATOR, AND WHICH IS ALSO REASONABLE FOR FILING THIS MOTION, (~!:!!I!!_:_:Y...:._E!TAT!_l£..?._§_.:.!!.:.2.£_1~l._ll!.:.AP_!:.:.£.Q..Q.1)• THE PETITIONER PLEADED NOT GUILTY. IF THERE WOULD HAVE BEEN DNA CONFIRMING THE PETITIONER AS THE PERPETRATOR, THE PETITIONER WOULD NOT HAVE PLEADED NOT GUILTY. III. DUE TO THE ILLEGAL TAKEN STATEMENT BEING ADMITTED INTO EVIDENCE, THE PETITIONER FELT THE NEED TO TESTIFY, ATTEMPTING TO OVER-COME THE IMPACT THE ILLEGAL TAKEN STATEMENT HAD ON THE JURY. ONCE THE PETITIONER TOOK THE STAND [HIS DECISION TO TESTIFY WAS NOT "VOLUNTARY", S EE : ( 1!!.!!~!-Y..:._ ST~!!_.2_!!2..-~.:.~.:.££ , .!! _?_.£l and at .?.ll] ] , HI M TAKI NG THE STAND OFFICIALLY PLACED HIM UNDER THE DeGarmo DO~TRINE. AFTER WHICH, THE STATE INCLUDED VARIOUS FALSE ALLEGATIONS FOR SLANDERING ~URPOSES, MAKING THOSE FALSE ALLEGATIONS A PART OF THE RECORD, WHICH WERE PROTECTED BY THE DeGarmo DOCTRINE. HOWEVER, ON f~!!UA~!_2~£.Q.13, THE COURT OF CRIMINAL APPEALS COMPLET!!!!!, .QVERRUJ&!! THE DeGarmo DOCTRINE ( S EE : ~!QQ! S 01!-Y..:._ ST!!!.L 12.!-~.:.!i.:.l£_1.2.2) , AND I S T0 BE AP PL I ED RETROACTIVELY ACCORDING TO WEST'S TEXAS DIGEST 2d [lOO(l)COURTS] • . ULTIMATELY AND OVER-ALL, IF ~HE ILLEGAL TAKEN STATEMENT WOULD NOT HAVE BEEN ADMITT.ED INTO EVIDENCE, THE STATE ~vOULD NOT HAVE BAD ANY EVIDENCE/BIOLOGICAL MATERIAL TO CONVICT THE PETITIONER~ DUE TO THE INVESTIGATING/ARRESTING RECORD SHOWING THAT DNA WAS DETECTED ON d~!!!~~Ll.z.l~~~ AND liTHE STATE RESPONDING IN RECENT PROCEEDDINGS THAT DNA TESTING CONFIRMED THE PtTITIONEB AS THE PERPETRATOR, YET IN TRIAL WAS NOT INTRODUCED AND ADMITTED INTO EVIDENCE, IT IS REASONABLE TO -5- / SAY THAT TrrE SHOWING OF DNA BEING DETECTED IS FALSE AND UNTRUE, WHICH IS A V! 01, AT I 0 N 0 F ~~!!1_!!Q~!-11.:.Q2._£!2ll2J.. ~l • ~!!!!!-..Q.QJ!!_1.?..:.!.Q • !!!AL_£QM!-~I~Q£_!~~-~I:..~1· IV. THE VARIETY OF ERRORS AND VIOLATIONS PROVEN BEYOND A REASONABLE DOUBT BY WAY OF THE INVESTIGATING/ARRESTING RECORD, THE RECORD SHOWING THAT DNA BEING DETECTED IS THERE ONLY AS AN ~INVISIBLE CRUTCH" FOR THE STATE JUST IN CASE THE ILLEGAL TAKEN STATEMENT(s) ~ERE SUBS E QDENTAL IN ADM ISS I BI.E y Y!QLA !!!fL~!U!!_!!_ C 0 .!2!_1.!..:.Q2._£!2illl.£2., ll!!1_f.QQ!2Z.:.!.Q • PEN!.Lf.QQ!1.!..:.Q.!_!!!!!_!lli!:_£.QQ!....;11...:.it~ . THE TEXAS C0 DE OF CRIMINAL PROCEDURE 38.23 PROHIBITS THE ADMISSION OF ANY EVIDENCE OBTAINED IN VIOLATION OF TEXAS PENAL LAWS RELATEn TO GATHERING, CREATING, OR DESTROYING EVIDENCE. 38.23 OF THE TEXAS CODE OF C~IMINAL PROCEDURE INCLUDES EVIDENCE THAT IS OBTAINED IN VIOLATION OF TEXAS LAW AS WELL AS THAT OBTAINED IN VIOLATION OF THE FEDERAL AND STATE CONSTITUTION. (SEE: WILSON v. 2..I!!J2_2ll_§..:...!i~l.£2!._ 4 5~.:. 39). ~Egu~g__!Q!L_!!1!!! DUE TO THE PETITIONER'S INVESTIGATING/ARRESTING RECORD, A GOVERNMENTAl~ RECORD, STATING THAT DNA WAS DETECTED ON .:!!!!!!!!!...,.lill94, AND WITH THE STATE AS ftiWELL AS THE PETITIONER'S COURT APPOINTED COUNSEL STATING IN RECENT RESPONSES AND AFFIDAVITS IN OTHER PROCEEDINGS IN REFERENCE TO THIS CASE CAUSE 1&_18.?_, THE PETITIONER IS ASKING THIS HONORABLE COURT TO DETERMINE WHETHER THE EVIDENCE IS IN A CONDITION THAT MAKES DNA TESTING POSSIBLE. IF SO, THE PETITIONER IS REQUESTING FOR THE DNA TO BE TESTED. IF THE TEST DOES NOT CONFIRM THE PETITI.ONER AS BEING TOE PERPETRATOR, THE PETITIONER .REQUEST THAT HE -6-  BE IMMEDIATELY RELEASED FROM THE STATE'S CUSTODY OF THE TEXAS DEPARTMENT OF CORRECTIONS. IF THE EVIDENCE OF DNA CAN-NOT BE LOCATED DUE TO ''MIS-PLACEMENT" OR BEING DESTROYED, THE PETITIONER REQUEST THAT HE BE RELEASED FROM THE' TEXAS DEPARTMENT OF CRIMINAL J~STICE SYSTEM IMMEDIATELY DUE TO THE VIOLAT(~Q_OF_PENAL COD]!~...dl..:..Q2._1_!_)(12il_2.J I!B:~.f:_f.Q.!?.JLll..:..l.Q ' p E!!!f:_.£Q1?.!_17 • 0 2 ~~21...:.. 0 3 • up 0 N RELEAsE I . THE PETITIONER ALSO REQUEST THAT HIS ENTIRE SENTENCE BE VACATED ALONG WITH THE OFFENSE IN WHICH HE WAS CONVICTED OF. EXECUTED ON RESPECTFULLY SUBMITTED, JASON~~PEGUEs~#72sl96-­ PETITIONER~ HUNTSVILLE UNIT 815 12t:h STREET HUNTSVILLE, TEXAS 77348 cc/file: ( -.7- ------·-----------  THE STATE OF TEXAS § § § I ,~AS.Q~_!.!._PEGQ~~-ftZ~!!l2§., DECLARE mmER PENALTY OF PERJURY THAT THE FACTS STATED AND SHOWN IN SUPPORT OF THIS MOTION BY WAY OF THE INVESTIGATING/ARRESTING RECORD ARE TRUr AND CORRECT, AND I HEREBY SWEAR TO THESE FACTS. THE PETITIONER WAS CONVICTED AND SENTENCED FOR AGGRAVATED SEXUAL ASSAULT. THE INVESTIGATING/ARRESTING RECORD OF THIS CASE £6185 STATES THAT DNA WAS DETECTED ON J~!Q!!!_lL!~!! ALTHOUGH THERE WERE NO SUSPECTS AT THE TIME OF DNA BEING DETECTED. THE PETITIONER WAS NOT ARRESTED UNTIL MA!f!!_l.z1.2.~~' AND IT WAS NOT BECAUSE OF DNA OR ANY KIND OF PHYSICAL EVIDENCE/BIOLOGICAL MATERIAL TO THE PETITIONER'S RECOLLECTION, DNA WAS NOT ADMITTED INTO EVIDENCE NOR INTRODUCED AT TRIAL, AND DUE TO RECENT STATEMENTS IN RESPONSES AND AFFIDAVITS BY THE STATE fTHAT DNA WAS TESTED, CONFIRMING THE PETITIONER AS THE PERPETRATOR, AS WELL AS THE RECORD SHOWING THAT DNA WAS DETECTED, THE PETITIONER IS ASKING THIS HONORABLE COURT TO DEMAND THE STATE TO PRESENT THIS DNA AND TEST IT. EXECUTED ON: ____________________ RESPECTFULLY SUBMITTED, J ASON-'T:-'P EG UES ff 72 8196-- PETITIONER: x/file: "' -8- .. PRAYER ---·--- WHEREFORE PREMISES CONSIDERED, PETitiONER, ~A~QN T. PEGUES #728196, RESPECTFULLY PRAYS THAT THIS HONORABLE COURT TAKE INTO CONSIDERATION ALL OF THE FACTS IN THIS MOTION AND GRANT THIS POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING. EXECUTED ON THIS .-... ___ cay of ~--------------------'2015. RESPECTFULLY SUBMITTED, JASON -T-.-p EGUES#728i~-­ PETITIONER: CERTIFICATE OF SERVICE ---------------·-------- . I, ~!~ON_!~_fiQQ~~-!l~~~~' THE PETITIONE~, BEING PRESENTLY CONFINED IN WALKER COUN~Y, TEXASt DO HEREBY AFFIRM THAT I HAVE DELIVERED THE ORIGINAL OF THIS POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING TO THE PRISON MAILROOM OFFICIALS FOR DELIVERY TO THE FOLLOWING via U.S. POSTAL SE~VICE: THE DISTRICT CLERK, ANNIE REBECCA ELLIOTT: OF FORT BEND. COUNTY 240th JUDICIAL DJSTRICT COURT HONORABLE JUDGE THOMAS R. CULVER III jol JACKSON STREET, RICHMOND TEXAS 77046 SIGNED ON ------------.------------ SIGNATURE.OF PETITIONER JASON T. PEGUES #728196 PETITIONER: !J!~!!~--.!l~£1!!!!!!Q! I,JASO_!!_!~_PEG,!!!L!72~196_, PRESENTLY HWARCERATED IN WALKER COUNTY, TEXAS, HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE ABOVE MENTIONED IN MY POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING IS TRUE AND CORRECT. SIGNED ON THIS day of ,2015. JASON T. PEGUES #72Bl96 PETITIONER: -9- ATTACHMENT ''H'' EXHIBIT Pi:CUE,'.) v. STATE, No. 01-95-01008-CR., December 18, 1997 -TX ... · http://caselaw.findlaw.cornltx-coun-of-appeals/ I 0 I 2121.htmi ® FOR LEGAL PROFESSIONALS Court of Appeals of Texas,Houston (1st Dist.). PEGUES v. STATE Jason Tyrone PEGUES, Appellant, v. The STATE of Texas, Appellee. No. 01-95-01008-CR. --December 18, 1997 Before SCHNEIDER, C.J., and O'CONNOR and MARGARET GARNER MIRABAL~ .U. Cary M. Faden, Sugarland, for Appellant.John F. Healey, Jr., John H. Harrity, ill, Richmond, for Appellee. OPINION ON MOTION FOR REHEARING We overrule the appe!lant's motion for rehearing, withdraw our previous opinion, and substitute this in its stead. Jason Tyrone Pegues, the appellant, was found guilty by a jury ofthe offense of aggravated sexual assault. Punishment was assessed at 50 years in prison. On appeal, the appellant argues the trial court erred in (1) not entering written findings of fact and conclusions oflaw on the voluntariness and legality of his confession and (2) overruling his motion to suppress his confession. We affirm. Background The offense for which the appellant was tried occurred on:becember 28, 1993:';/'.on March 3, 1994, Oflicer Anderson went to Willowridge High Schoolto arrest the appeliant. After the arrest, Anderson transported the appellant to the command station in downtown Houston and brought him before Judge John Joneitz, a magistrate judge who administers statutory warnings to juveniles. Judge Joneitz administered t.he statutory warnings to the appellant. Afterwards, the appellant was placed in a holding cell at the downtown command station, J (l I of4. 2/7/20 lJ 2: l6 }·~/ :tEGUE6 v. STATE, No. 0!-95-01008-CR., December 18, 1997- TX ... http://caselaw.findlaw.com/tx:~ourt-of-appealsll 0 1212l.html which had been designated as a juvenile holding facility by the juvenile boards of Harris and Fmi Bend Counties. Anderson typed the appellant's statement as he stated it to her. After Anderson typed the appellant's statement, she gave him the opportunity to correct it. Anderson then took the appellant back to Judge Joneitz's chambers, where Judge Joneitz privately asked the appellant to read the statement back to him. Judge Joneitz asked the appellant some questions that were designed to enable him to determine if the statement was given freely and voluntarily. Judge Joneitz determined the appellant gave the statement freely and voluntarily and certified that the appellant signed the statement in Judge Joneitz's presence. After conducting a pretrial hearing on the voluritariness of the appellant's statement or confession, the trial court. denied the appellant's motion to suppress his confession. The appellant re-urged his objection to the admission of the confession at trial, but the trial court overruled it and admitted the confession into evidence. The appellant testified during the punishment phase of the trial. When asked of his feelings about the events that took place on December 28, 1994, the appellant said he was sorry. He said he regretted what had happenedto the complainant and assumed full responsibility, saying he had just made a mistake. He said he had been attending a r.~- rehabilitation program that involved therapy for sexual offenders. On cross-examination, the prosecutor elicited the following testimony from the appellant: Q (by Crowley): In fact, Mr. Pegues, I would suggest that you're not sorry at all for raping [the complainant]; but you're very sorry that you're looking to go to the penitentiary, aren't you? A (by the appellant): No, sir. I'm sorry ofthe fact that I did something like that. Motion to Suppress the Confession In point of error two, the appellant claims his confession was taken in violation of Tex.Fam.Code § 52.02._!_ Relying on the DeGarmo doctrine, in our original opinion we held the appellant waived this complaint because he. admitted he committed the offense duri.ngthe punishment phase of the trial.· DeGarmo v. State, 691 S.W.2d 657,660-61 (Tex.Crim.App.1985), \In his motion for rehearing, the appellant argties we tookhis statement at the p:unishment pha.se out of context and that it was not an unequivocal confession. He argues DeGarmo should not applyhere) We dis~gree: . The DeGarmo doctrine provides that, if during the punishment phase, a defendant confesses to all the elements of the crime for which he has been found guilty, he waives any error that might have occurred during the guilt stage of the trial/' Id.; Deleon v. State, 925 S.W.2d 295, 296 (Tex.App.-Houston [1st Dist.] 1996, no pet.). of4 2/7/2013 2:16PM PE~GUES v. STATE, No. 01-95-0 1008-CR., December 18, I 997 - TX. .. http://caselaw.findlaw.com/tx-court-of-appealsll 0 12121.html ! -· The appellant, responding to a question clearly referring to the rape, expressed remorse for raping the complainant. His confession, which he claims should not have been admitted, also stated he raped the complainant. ;.Neither statement admitted to using a knife during the attack. Thus, the appellant's statement at the punishment phase did not confess to all the elements of aggravated sexual assault. The DeGarmo doctrine does not apply squarely to this case but its rationale does. The DeGarmo doctrine has been called a common-sense rule of procedure. See McGlothlin v. State, 896 S.W.2d 183, 187 (Tex.Crim.App~ 1995). This is so because a defendant who complains of the improper admission of evid'ence, a trial error, would at most be granted a new trial. Id. at 188. Upon retrial, the defendant's judicial confession to all the elements of the offense would be admissible. See Tex.R.Crim.P. art. 38.22, § 5 (1979). Therefore, anew trial would be pointless, as the trier of fact would hear the defendant's confession to the offense. The same reasoning applies in this case. Here, the appellant did not admit to all the elements of aggravated sexual assault, and so did not waive all error occurring during the guilt phase. However, pis judicial confession to the rape matched the confession he argues was erroneously admitted. The DeGarmo reasoning applies here. Assuming the confession w&s erroneously admitted and the appellant was granted a new trial, his judicial confession, that he was sorry he committed the rape, would be admissible at the new trial. We ~onclude the appellant's admission during the punishment phase waived any error that may have occurred concerning the admission ofhis confession at the guilt phase of the trial. We overrule point of error two. Failure to Enter Findings In point of error one, the appellant argues the trial court erred in not efl.tering findings of fact and conclusions oflaw regarding the confession's voluntariness. As stated above, the appellant waived any error that may have occurred with regard.to the admission of the confession. This includes the entering of findings of fact and conclusionsoflaw following a hearing on voluntariness. We overrule point of error one. 'Ve affirm the judgment of the trial court. FOOTNOTES 1. Section 52.02 provides in pertinent part:(a) A person taking a child into custody, without unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025 of this code, shall do one of the following: * * * * * *(2) bring the child before the office or of4 2/7/2013 2:iG n·l PJS6U"r~S v. STATE, No. 01-95-01008-CR., December 18, 1997- TX ... http://caselaw.findhiw.coJ:n/tx-court-of-appeals/1 0 1212l.html •• ' , 'r ' 1 • official designated by the juvenile court ifthere is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision; [or](3) bring the child to a detention facility designated by the juvenile court. Tex.Fam.Code § 52.02(a) (1996). O'CONNOR, Justice. Copyright © 2013 FindLaw, a Thomson Reuters business. All rights reserved. of4 2/7/2013 2:16PM ATTACHMENT · ''I'' EXHIBIT  WATSOS ~ VJ. JASON T~:~.r.S F:BGURS ·-- ---· ~~-.... ... ~~& 1 D"~-·· e~:~~~~-?--~ 39594 - - . ...._, AGG.~:~~D SEXUAL ASSAULT .... ......., --· 94273003 ·-- o;t!IIUS! fti!!CIIDt -?;~ _/P5 ~ --· !---· 09/08/94 December 28, 1993 ....._.BPD _,. 1404818938 --·; I aan.-. ~.1; , {2(}LJ_ r" IIIU!ID CUIDa OF t!.JU' ~ !;~J. ~- AftiC."P • .:5:,.c"lH' 'UTr!2SSBI'! : .._ ~tmGLARY ...... ;:gp;WlfT!Wt~ :...am.~~...: -· - ,J;rl :IN 'lBE NAME ~~iO E!' .J;.U'l'JWO.:T'l'!C VF '!'B2 S1'A'l'B OP 'l'EXAS1 ·orb~ ut.:ly .,rqanized ~and Jury of Port Bend Co11nty, Texas, presents in the ::~su:i.ct Court of Port Bend County, Texas, that in Port Bend County, Texas, 3MroJL:~~ PBGUB§ , hereafter styled the Defendant, heretofore on or about ~~ 28. 1993. did PARAGRAPH A th!!T.• ~:<¥.~ there .: ":.entionally and knowingly cause the f.cJnetration of the ferr~&le se"'l.Al nr9-,~ of Martha Sinqlet.c.n by defendant's eexual organ, without th~· consent of Martha Sinqleton, and the defendant dit:i th"n :ond there by ac:te anct words threaten and place Martha Singleton in fear that death AID serioua b;: .!)T; 09/1.:\B/"! 994 SH T!.!S · -~ SON!.\ : i e . ~t'"~ C~M~£NTS: ~ASEO: pr i 1 = RETU~:il! TO t!AH! MENU f'A2 ::: !::XIT THE SYSTEI'! F'F1 =~EPJRI-! TO ftR0'.4SE MESSAGES 'f'f****'~''f******•'f-!t*****"****.. ,. .. ~ ~"-'('lf'flflf..,.'fi'flflflflflflflf*-~<':'f~!:*** OPEF:ATOF: .;:?-!!) ·~~:- ~HP.KGE RECORDS FOR THIS INHAT£ .. )cd-e a-.? ~-.~ (d -~g'- 93  Li\ST: Pi:.Glit:S OOR: 01/27/77 N Lo"' w,,~-;o:;,<>;. '~~< 17J.I-g4- GRADE: 10 ALIAS: HEIGHT: 506 WEIGHT: 175 HAIR: BLK EVE: :: ?HYSICAL-ODDITIES: PRINT!!: -----------~----------------------------------------~-----------------~-- PER~ON / LOCATION OATE TIME: OFFICER ~UVT.NILE DIVISION 03/0'J/911 11.00 ANDERSON,S.J PEBUES,WILL'~~ ~4THER 03/03/94 1607 ANOERSON,SJ .J UV EN I L f : ~- ~ i ,. . "f { 1 ~! 03/03/94 1700 ANOERSON,SJ 01 NA~E: ~EiUES,~~~LIAM RELATION: FATHER cusroo·~: n~D~ESS! :i607 ~INTERBRIAR HGUSTON,TX P!-:uNE: ~OI'IEil: 713-438-8830 BUSINESSO: ~ LOCATlON: 16301 CHII'HIEY ROCK HOUSTON.TX 'st. . :. ;-i BV: ANOERSON,SJ H067721 '--------- - -;~; ~~~-~;~~~~~-~;~;~~ LOC~TI~N: ~5603 wo~7Eh BRrAR -,- DATE: 03/03{~4 .TI~E: ::: ~~-~ ~~~ ~ ~~-~~~~;~~~~-;~~~-~;(;;;~;-;-'~~;:-~;~ KMAP-571X HOUSTON, FORT BENO . ~ ----.. ·-~--- -- ---·------ -------------------------------------------------~---~.=.------ Cui.'LAINJ\NT lil: SINOLETON,I'tARTHA ---· RACE: B SE:i: .f.~.~.7C~: ~ AOuA~SS: 6919 BROAOWAY;SHEVEPORT,LA 71109 ~; PHONE: HOME!t: 318-636-2543 BUSINESSil: EXT-:~. --------------- · --------- SUMMARY {BRUF OESCRIPT!ON) - - - - - - - - - - - - - - - - - - - - - - CO"P WAS SEXUALLY ASSAULTED AT 15603 ~INTER8RIAR BY  1:.>uSTON POLICE OEP'ARTfiiENT ~~RRE~T INfOR~AT!ON REPORT Incident no. ' 1 • .. o. fl 1 t ' I ..0 6 1 I ffen~a- SfXJ~l R!5~ULT (RAPE) / BY CUTTING INSTRU~ENT AS PER omGINAL ·t~mises- RESIOENCK (PRIVATE) Weather- CLOUDY ocat:le-.: : -,.. "'r: ,,._ .. Ct.~60:J '!.am"- WINTER BRIAR City-HOt,;!'.''ON Ccunt;<-!'ORT Sr::NO Kmap-571X 01st-l6 6eat:-l6E4C eighborhaod-e~da-00072 Oesc-CHASEWOOO,WILLOWPARK,BRIARGATE,FOX~EAOOWS,OUAILRUf E~d da~e- ·I Time- :Begin date- TU 12/28/93 Time- 1200 No~-000000 Oat87l2/Z8f93 Time-171' eceivad/Em~1oy~e: Name-LAPTOP Hate crime related~N ang crime retated-N 1--·-·---·----·-·-·--··---·-·------------·---------~---------------- COMPLAINANT($) Pllddle- Name: Last-SI~-~~ --nN Fir$1:-MARTHA Race-8 Sdx-F gu-1 ,i!zponic-N _qddreP.o-6919 !), ~JAo';S!IEVEPORT,LA 71109 Pncn•: ~ome-(318) 6!6-2543 ausiness-(713) 000-0000 Ex~- ::;; :ver l.icensell- SOC TTV-434-55-1353 Farce us~o 4gain~t complain~nt- Y 008- Ol/3Q/76 ~~~ation to su~p-UNKNOWN IF RELATED R•lation to ~(01) Suspe~t-UNKNOWN By-A-'!B ~nJ~red: T~ken to-WESTBURY HOSPITAL Condition-POSSIBLE INTERNAL INJURY ----- ----~----------- ------------------.. . . . . . . ....,.---------==------·-------------------- W!TNESS(S) JrlfddlE- Name:, Lalit:-PEe Firgt-.JASON Race~B Sex-M Age-16 Hispanic-N Addre~s-15607 Phon'!; Home-(71 ERBRIAR:~tSSOURI CITY,TX 38-8830 8u.s.ine5s-( 71.3) ainant- N _.24-§9- DOB- 01/27/77 ~---------------------------------------- ------------------ ------------------ RE?ORTEE(SJ ----- NONE  rf--:~ . . ..... - . - ' ' • ..::;··. ,7.",} •• " ....... -•••• (, • .....: ...... • -(~(";"'\ ..... " ' ........... " ........ . ciclent no. 140-'.:''·;_;: .:1l'iD TF,lf"'HON': !'lOOK. SYS~EI'I ADVISORY; REPORT ENTERED USING PERSONAL COI'IPUTER VER-2.07 ································-··································· ENTRY DEVICE: ZENITH 286 109430 TIME-1810 * - ENTR': ~.·OM •::Oi\Tfo-122893 TIME-1701 TO. DATE-122893 TR~~SrE~ .~vi~E: AST BRAVO 385SX/20 106088 X33 TIME-1718 TRANS FEll ·~~. i c:-:.22893 TII'IE-17114 LOA.D DATE-122893 OIST-16 LOCATION Of O~~ENSE: POLICE DISTRICT-DISTRICT 16 ****~''***********w•••********************************************** -------------------------------------------------------------------------------· SUPPLEI'IENT(S) -------- -------- ·- ··-- -------- ··-- ---------------- ----------·---------------------· Offense- SEXUAL ASSAULT (RAPE) / BY CUTTING INSTRUI'IENT street location information Numb~r- 15603 Na~e-WINTER BRIAR Type- Suffix- Apt no- N.ame-tS603 Type- Suffix- Date of offense-12/28'93 Date of supplement-12/28/93 compl(s) Last-SINGLETON First-I'IARTHA l'liddle- Recovered stolen vehicles information seat- 00 Ois~rict- Recove~y l~c~~ion­ by- Stored- Empt-093807 Shift-2 Oiv/Station-SW-PATi4 officer1-EM JOHNSON Empt-087297 Shift-2 aff1cer2-CI'I GAINER Phonal (713) 729-1111 Ext-0000 Caller'S name-NORI'IA SUPPLEI'IENT NARRATIVE INTROOI.:CTION: OFFICERf JOHNSON AND GAINER, RIDING 1SE3SE AT 1659 MRS. WERE DISPATCHED TO SSE GAS~ER 0~ A HOSPLT~L CHECK. OFFICERS ~RRIVEO AT 1711 HRS AHD OBSERVED THE LOCATION TO BE WESTBURY HOSPITAL. Of~ICERS ~~·ICERS TOOK ACTIONS: CUSTQ .. f G~ TH~ SEXUAL ASSAULT K~T AND COMP'S CLOTHING AT 171S /-:,."  ;...../_...... UHt~ t I . .. I I I I I II 1 I It: I t • 01 I I I I <.(-:~ t• t• • ' ' • •'IIU I I I U I . II II II t I I I I I I &IUU .. UUI ~~dent no: 14G~~1P.93 b CURRENT XNFO~MATlON REPORT PAGE 2.006 . U tl I I t •I I t I II I I ft I I I I h I I I 1 tt I I I I U II I I I U ,' U U U ',I I f I I I M M \1 It II II I I II I I I I I I I I If J U" U t I t I t U I I Jt U ll S. FRC~ NURSE NORMA ROVANZO. OFFXCERS ALSO SPOKE ~ITH THE COMP AND ADVISED ·--·~~,~E~ THAT SHE NEEO~Q TO CONTACT THE SEX CRIMES DIVISION TO SET UP AN APPOINTMEN ~ GIV~ ~ STATE~ENT. OFFICERS LEFT THE PHONE NUMBER OF SEX CRIMES WITH THE 0~~. ~~~!r~PS M~INTAINED ~ARE, CUSTODY. ~NO CONTR8L OF THE EVIDENCE UNTIL A6~E~ ~T THt C~~~~~l F~OPE~TY ROOM. OFfiCERS THEN MADE THIS SUPPLEMENT. SVST~n ADVISORY: REPORT ENTERED USING PERSONAL COMPUTER VER-2.07 ••~,•·• •* •• **•*•*•••a "'•• ••• •• •• ••• •••••• **"' "'•** •• ,..,..,...,. "'""• •*••• ,...,.,.,.,., _ _. ENT~Y DEVICE: ZENITH 266 109819 E~TRV FROM OATE-122893 TIME-1B21 TO OATE-122893 TniE-1832 TRANSFER DEVICE: AST BRAVO 386SX/20 106094 X34 TRANSFER OATE-122B93 TIME-2219 LOAD OATE-122B93 Tit!E-2221 LOCATtr~ OF ~FFENSE: POLICE DISTRICT-DISTRICT 15 OIST-15 S~p~lement entered by - 93807 · Reoe-~ reviewed by-PAT Employee number-080342 ~f1&~~~- ASSAULT (RAPE' I BY CUTTING IMSTRU"ENT !E~CAL Straet location information Number- 15603 Name-WINTER BRIAR Type- Suffix- Apt no- Name-15603 Type- Suffix- Dace of offense-12/28/93 Date of supplement-12/29/93 Compl~~) ~J~t-SINGLETON First-MARTHA Middle- Last- Recovered et~len vehicles information Sl:ored- by- Phil- (000) 000-0000 Officerl-5.~. ANDERSON Empt-067721 Shift-1 Oiv/Station-JUV SUPPLEMENT NARRATIVE THE STATE OF TEXAS INCIDENT NO: 140481893 ~~UNTY OF HARRIS STATEMENT BE~ORE ME, THE UNDERSIGNED AUTHORITY, ON OECEt!BER 29TH, 1993, AT 13SO HOURS PERSONALLY APPEARED nARTHA SINGLETON, ~HO, AFTER BEING OULV SWORN, UPON ~ATH DEPOSES AND STATES: MY NA~E lS MARTHA SINGLETON; I AM. 15 YEARS OF AGE, HAVING BEEN BORN ON 01/2uf7e. I'IY HOME ADDRESS IS 6919 8ROAD~AY, SHREVEPORt, LA 71109- WHERE I l :VE ~I.TH OEBR.~ SINGLETON, ~HO IS MY MOTH£R, HER PHONE IS (318) 636-2!£ · i ~~ TO SeABURG HIGH ~CHOOL ~HERE I AN IN THE TENTH GRADE. I L'VE WITH ftY I'IOTHI. ... A:.:u -~Y T!J!::t.VE _,_,. y~j.fi. OLD BROTHER, BRAJCOON SINGLETON. eR'ANa:  . ·," ·. ·.. · C'2· . .· AS PER ORIOIN~· ,; " ; ' ;. ' • i ' "; • " ' • • • n ' • ·, ' .,";' ;;:J • • •" ' "u" • ' • •'' • ' u ,; """" ·, ~' ' ' ' ' " ' "" u • " ' • n' . cidt•nt no. '140481893. B !:!.'!'t~ENT J:NFOP,l!':ONE 8001C ArlO NOT A PACKAGE. STA1EP THAT 7~£ SUSPECT FORC£0 HIS WAY IH AMO STASB£0 THE COMPLAINANT ICE. rHE COMPL. WAl A~LE TO GET THE KNIFE AMO SHE STA8$EO THE SUSPECT IN KIS L!G. fH~ COMPt. W~S THEN ABLE TO GET THE KNIFE AWAY FROM THE SUSPECT ANO SHE ST~B2eO T~C SUSP~CT :N HIS LEG. THE CO"PL. CUT HER HANO ON TK£ KNiFE. ~0 ANN FURTh~~ STATED THAT SEVERL NEIGHBORS HAD SEEH 8ROKEN INTO. SHE STATEO .THAT THE COMPL'S RESIDENCE HAO ~TTEKPTEO ENTRY TO IT. . JO ANN STATEO THAT SHE HAD SEEN A SAND DOLLAR TRUCK YESTERDAY ~HEN THE POLIC~ WILLOW RIDGE HIGH SCHOOL. THE STEP-MOTHE~ FURTM~R ADVISED THAT SHE WOULD CALL BACK WITH THE NAMES OF THE OTHER WITNESSES IN THAT NEIGHBORHOOD THA~ HAD SEEN THE SUSPECT ON THE DAY OF "THE INC !'JENT. AT 1235 HOURS OFFICER ANDERSON CALLED THE SAND DOLLAR TRUCKS AND TALKED WITH ANITA RIGGINS WHO STATED THAT SHE DOES IN FACT HAVE TELE TRACK WHICH IS HANDLE BY PACK TEL. ANITA RIGGINS ~TATED THAT SHE RECEIVED A CALL FROM THE OFFICER ON THE DAY Of THE INCIDENT ANi1 SHE RAN A TRACE ON THE TRUCKS ANO LOCATED TWO TRUCKS THAT WERE ANYWHERE NE !\R THE i.REii ;JITH IN AN HOUR OF THAT CALL. ONE TRUCK WAS OlliYE~· DY ~ WHitE MALE AND THE SECO~O TRUCK WAS DRIVEN BY A HISPANIC MALE. A:UTA \U";;, tNS FURTHER AOVJ:'.t:ll THAT ALL. OF HER DRIVERS WERE IN THE OFFICE AT CJ800 HOUN~ IN THE MORNING "). r Qi'r:::C!OP._?'";~!fC:OED TO SPEAK WITH OR SEE THEM • .,.· .. .. ·"  _,.-- . (;r>-, . .· "" •. i •,; ' .. ' ' .. , '. '"'' '' ,;·, r:) .. ' • • .. • .... ,. .. ,·; • •. ~·""""" Q •' • • • ",AS.JER. OIUO~NA&... =u~RENT INFJK"ATXON REPORT '' PAGE 2.01~ H I I f I h l I I ·1 M f I t' • U ' r • ~ U ~ U ' ' II I I I I t t I r. .. tl II II If I I r• I f 1 1 1 a f 1 tt 1 n tl tt I " I t U I ' rt H .. 1 CONTTNUE •••.••..• :~····~·············~---·· 1;7721 Employee number-044i73 ~--·-------------------·-------------------------------------------------------- SEXUAL ASSAULT (li~~b~ 1. INTACT: NO  . .. .. :tT:: AS JIER omGiNAL~ I I I 11 I It U 1: I I I I I I t U U II &I Jl n I'. Q I I I I 1 U 1 It It n 1 t1 1 I t1 I t U 11 U U 1rl• 1t no. 14048189J ~ CUR~lNT INFORMATION REPORT -PAGE 2.01.9 I II I I U I I I I U I I I I U I t I t ,1 II I I I U I U H II I I• I I I I I U U U It U n t I II I I I I I I I I U I II It H I U I I U 1 I II It U 11 LL, I ~AS COMING FROI~ THE_ FIELD HOUSE ON MV '-IAV TO STH PERIOD (I l-IAS GOING T : ~~~~ SO I ~~ARu SOMEONE TALKING & I TURNED (CAUSE I NOTICED HIM) AROUND & ~SE~ ~ l~OKED & HE STOPPED & LOOKE~ THEN HE STARTED RUNNING MV YAY. I C~T HE ~:~ :~·~:N~ ME SO I STARTED RUNNING FASTER. I.IHEK I CAME ON THE OF frlf: :;•;P,IJ\JL 1 ···.:f·· u. ... ttl g! 2: ~ ·~·-C 4 UJ ~ •. G'-· (2:: (!) ::J ..... ~ N •M•v . _ ;:• C.9 - '·-:..t.J1 ~ - _.J N \. "" :j ' '•• ...J C'.l (.. .f! lL ...., => ~ ·¥ rAF -· r---·~::.: ~·: (/) C:;:) ('I 2  =~-~NO. l ~! r. ~..Ia-.~'1£$ ~~22 ~ < llU8I'IIImlll ,.y- 1g = _ ;J • i ·' .... DOB D cDV"'IJ • Dl:llllrllt HAWS~ Mldllelr.llll I 1Ai1J DOB RACE 5EX LOCATIONOFOFFENSE ISito'j t.J:Cat7£& BtllAR ·:!. ., ; ---i ----·----------------i _ _ _ _ J! ! . ., } SUGGESTIONS ABOUT EXAMINATION OR ANALYSIS • COMtJ.ENTS ABOUT CASE J:f.s Z:: ...l=.:t.ilL __ ~ l P£t? COH. fo~ ~ 14./H---'<£ t:>,t, I E;t.. UAt..__,IL.LL~L i (f'lilllu~ SUBMfTllNG OFFICER ~~..:::(....:.,,..:-~I!!:...L.c:. :'f:-~!:...--~~~~~~~~~.,c...a.~~~:=- REC"D BY· FlEO'DFROM ~CERECD~~~~~-+--~--~-~--~~--4---------+-X~~+-~ OATEREC"D DAY OF VIEEL<~---.__;;..-~-+-----'~c:;..:.....--+---L...;,..,.;;::::.=..._t--- TIMEREC'D UCR NUMB':R FORM NO. HPO ·Bead Bail: iutt1c Hair ::~ :~ ... 3. otbaJ: - - - - - - - J. . ; ]UY b~CK r;f{i41Ef ' 72;<( -:ruv£-rtr· : .· .: \ · -~~~ . ·:·· . . ~ · ·..~~':'"•~·· ·-~· ·.. ·. ·.. ,.~. ::-:· ·:~.:~~·}~;~;:i~~l[t·.~;~~~~''f*1i'b''..:;:r·n:iii~'it•fi~{,~~-~ · .• . ·. . . . ·D'R/%~IM·A~. XNFoR'MATI·CJfJ. RI":OitT NnN-ItU~t.tc· ·, ··:·-:,·:·•:::";~"'.:-.,::~:·.·~ :i:.~;':··1ii·." •.. .· I ../;···. .,~.··\··.:,~ ·--~- :~~. . ;'·. _:. . ~. ._.. ~ . ,_. .,..): ;::~:. _t\'~:-:·::· .·~ ~~· -: ~-...~p~r.·:·. -~-~-~·r-~···::::-. .. . i·-~ ~:.. ·~.---~ ~~-1111 I I I I I I II~· .. •!'i• u' I 'it ,· ii ' • ,;-;., I .. it: .. u······ I • " ' uti ! I I i·l ., I·,,, ~· I •• ,. I .• I I lit it·n 11. • I •· , .• 1_~· . .",;.:.,,·~-~.r;:..j'~j;~·;.:{~:w~ .·\;,-.:. .· -:. . HOUSTON Po'!. ice: DEPARTM.ENT ' .· ·. .. :r.,·~:. ·p,"~ifi~·ao't{:;::.:~.~;:i~ OFFEN'Sl::. REPORT ll"'cident no.~. 1~0481t5·9S.. · fJ.i.·.~~~: <,l.il II II II U I I I I I I II II I II II II I II I II I I I II I II II I II I I I I n I II D I I I I I I t I I II I I II I I I C II I II N li I I I I II I ~.'I IUj ••·I' I 1 I·~~ " . ia t1"!~ ·'.·~,1). ' ' . ' :~1 SUPPlEMENT(!) ~~~3l}( ( .·~· No-0019 Offense- SEXUAL ASSAULT (RAPE) / BY CUTTING INSTRUMENT F«t·~ ····, Number- S\:rvet location info,rm~tion 15603 Nam&-WINTER BRIAR Typ•- Su1ftx- ~~~LL' Apt no..; Name-1&603 Type- Suffix- Date of offen&e-12/28/93 Oate of t.u~plem~nt-09/28/94 Compl(e) last-SINGLETON f1rst-~~RTHA ~1ddle- Last- Recovered stolen veh~e1Y6 tnfor~~tion Sterad.,. by- Ph·- (OOOJ 000-0000 Offh..,r1-KIJ!I f~pw-08~1~4 Shift- 01v/StdtLon-CR!Mf. LAB REF, 1.9'1-lS9 SUSPECT: JASON TYRO~~ PEGUES ON MARCH 3.1994 THf fOlLOW!Na IT£~~ W!R~ ~J!" : THt .. ~eORATORV: ONE VIAL OF BLQOO.SALIVA A~D HA!~S ,~,;~ ~R~- ~~~0~ 1~1o~: Pt6UES ON MARCH 23.199~ TH! FDliCWING DNA ANALYSIS' ~ PORTION QF FROM JASON ~VRO~t ? r. ... - ·.·~ ~" M '·- THE REMAINING EVIDENCE ~AVE BE~~ ~~S~!:TEC . ,n, ::. .. ·~ · E. r: '! v R0 0 r . Supplem~nt enter~d b~ ~ ~0~G~ O~te cleared- 01/0~ ~' I -~ I, It.(_ . \ I ·' ·I _.. ', '\I' - ''-"""""' .I \ ' .·., 'i· ... .'  ' ' -~~:·· :. ~~ .. . ~! ;! !. ~. ~-I ·'i" " . 'I .. ~· .· i "'!Q ~ 'b g I .s:= i l I ::10 ~ ~ i > i :z: ~ I :10 I > I !< ;;! 3.... 1 ~ ...~ ;::!: ~ ... I I ' I i I ! l I l I I I I I 1 I !! I I i· I l I l  : '?;~ ·:;:!j •·':1 '= ~ :: I e Il li ~ ~ ~ I I i1 I i ... .::. I - .. ~ !~ ~~ tl I I I I I  e ~ .. :::; - =- ... ;: !;; ':10 ..c i: ~ -- s - ;r..t ~ - ~ )C !! ~ :10 z :-r: ~ 00: - ~ ~ ~ :... : t= z i7. :'1: :... e :r. !i. ! ~~~~~1' ~~ I~ ~ ,_""""z,re _..c.-;: I~ ~ -~ s ..... ~ ~~s~ I ,..,..£'! I ; l:t ...... ...,~ 1,--lp :,?- ""h if$ I I - i~ '""' ;,.,_ ,., ..... I> :.. 1~-r- .... - I --,., =~~< --··i:: :'!: .... -,.::r: .... ~I$. •:.J 1~1 ~~:;:, i l :. V' : : I I I l , p fr- I~ ' • .. I I I ; i ~ 'k I :I-II j ?i-J ~ t ~ •• -:::c :"f':l _: .':_ I -~~ I i J ! .(- : -· - ~~ 'l.i - .cj ~->c :::r. 1 I ' ·~ i t 'l . ... >-• -- ~: ~: t~t~,; :l -':_i---~----' .......... ..., I ,.... I ! r·~ I J I << 1 I: I I ':"'::P. ;1: 1. l i___,___ LL._ _ , ---..........  ... lloustqu )'it Prope~ BVi~euce ltecord I . ul J ·o: , I'IIJ!l". • cNwnber ~ 'I) IDate Tagged t!&- R£5-l'f:t 11me ____i"::i ~~: ·>-. .. I - •• 1 Compl./Owoer Ofllcer'' Name -:Kf. . .,. ,. . "'81\ '-Rt vk,~.r r--.. 1 , ../ 1. , )EUi G·s .],:~-cv'. '· ( ;t.i!J ~ . ! \ v (_P- o~ ._·-----·· t-~ -----··· ·----- .. f__v ;_;t- ····· ... r - - - - - - - - - - - - - - - - - - - - - - - - - ----------.---.......... ·--·-· . ··---- ---- -- --~-- --·. · . Houston Police Property Dh·ision J( :;2._ ~ I( • 1 .;;J., (,~~,. .'LhU /) /I Di~~~sition Aufhorlzatlon . t/ .c--. ~ Investigative Division Gltt-1 Aj(,l.m w Incident No. J tf-OY~ ( ~ 1 ~· -J...J 1 Date Sent &- 5 ... cjc;t!i) Date Property Tagged Tag Number C. ?'J) 1 .--- ' ·, Tbe property listed oo the reverse side was authorized by your Division 10 'bt tag&td Ia the Propett)' Room. Disposllion lnfonnatioo is required by the Propct1)' Division, Indicate die currenl starua of the propet1)', dare, and sip. This form MUST be returned to the Properly Room within ten (10) days. (General Order 7()().. J) D 1. Hold for Court Case Dcfendaols N a m e - - - - - - - - - - D 6. Release to Owner (or Authorized Person) :J...;vv\.Y\ , ,. \.:1 1 c (\' (~ ~--· (~ . ,./Q 9\t t~ p ' 3 1994 5 .,,t-.f;, AY ~ 5 1995 9 "t-. \ . .• \.-c-.;.;<:. ~- ·---~·- _,_______________ ------- ---·-·---- .. -- ·---·· .. ----···. ·-----. ······------- ·- ---------------·  Houston Polirc Property Dh·ision Disposit[on Authorization .. rnvesligative Division ___,s.,.EiinfX'tr-4C~R~~I lHn-EE~S~-Ineident No. - - - - - - - - - - - ... Date Sent ~AY ~ 5 19.95 9 Date Property Tagged._ _ _ _ _ _ _Tag Number _ _ _ _ _ __ Tb~ property listed on the m•cne side was authorized by )'OUr Oh•islon to be taggtd in the Propul~ Room. Dlsposltloa Lnfonnatioo i5 required by lhc Property Division. Indicate the c:unent•tatus oflhe property, dale, and sien. This form MUST be returned to the Properly Room whhin teo (10) daya. (Ocneral Or~r 700-l) · Hold for Court Case Refea5o to Owner (or Authorized Person) Defendanta N a m e - - - - - - - - - Owuer'• Namo ----~----­ Charge F i l e d - - - - - - - - - - - Dale & Tlmo Notified to Reclafm Property: Court Filed In---------- Hold for fUrther Investi,ation: .. Method of Noli(~eatioo: Signature of Jnvestigath•c Shift Commander Required--------_,....- Dispose of as Authorized by City Ordinance Hold for posslblo Surety or Indemnity (Uu only tVf'r lA~ PlfiP'rfliiiiOIOIIIU ,.,,u4 01 Bond Agreement. ~"" or for ltlvtlrll41iM,IWI fill "IONiblt (j/llffl Type of Bond Requfrcd: - - - - - - - Ill IN rrtum 1M PfTIIMrf1 Ill 1M cnlfiCr btu "'"' a• Person must bo advised that be bas 30 days lO MII.Ud i1t 1M tJI...ntitlllbw DMnllfl) secure bond and retrelvo pro~rty. Name of peraoo to whom release was refused: l bate & Tim~ notified thai propc'rt)' would be ' • returned: •Method of Notification Destroy Property as Order~ by Cou11: .~4. Hold for Property HeariD1: Hearing Date: ~---------­ {CoMtt OrtlmJor ~tllrwt!M qfPfTIIMrf1 Ill lw lql 011 filt b)· w /nwllltatiw DMnQit). · ·~.=J s. Photograph&: Reluse to Owner: Date & Titne Notified to Reclaim Property: ~ ~lrlhodofNolifiation: Indicate lf tn person, b1 phone, or by moll. (If property vulue is $200 or • ~iethod of 1\olificalion more, moil must be certified, return receipt). Rrlurn address on em·elope should include the ·',Vote: lmt>.~tigaror is rtsporuiblt for photo· Dh t~ion and lm·estignlor's Name.· gr.--:phing propal)' BEFORE il iJ rduued ro owntr). Employee Number Property Room Use Only Property Room Use Only Final Supervisory Review by: Leiter Di,posilion Review by: .:; :.i Name Dale .-. ··' Namo Date  l'nRr I "' J ec~·Name orhed By, Officer's Name fiSC 4. et.'IIOflker's Slgoal.ure & Bmp.l ,......""•nd 0 Safe Keeping (Jalt) hii!;ltnvestl.liil::l IProperty Officer's Sign.~ Bmp.l. ·~ '- AJY\.»A, '"' , ' (Quaadty, Make ,Model, Serial I, Auy Damage, etc.) 71:; E (X\ G '3>- y.QY,~ )__ Cl) q-4 ~ h uc ;;»..t· ~·I' l}'~ ' ~ J I ~UJ A fC;L. ""'-7="-\A lr"'- '""'' \1 v ... - -·- -·- --------- ·-----------------·-- --·- ---- -·--·---· ·-·-·-·--·-- ..: ~ ..,...--i-.. ['i\f.~ ' ~-···· ..... "· .. .... .... . . • . ......... _ .... _ ....... ,_........... _ - . • ' ~ ". ~ i. ·..... ' • • . •. • . ,· . . • . . . . • .• .• ' . •• _·,.,.. . . .. - .... - ............... -- ...,~ .. ,~.~-~~~·"' ,.,. 2 •• ~""-~ ....... ~~~ .... '.··.•:·~······~· ~:~~· :..,. '-·'~'·J·. ;t • • I .. •f lftl'r-4; .. ' •' • '•I ~ • '"' • ' HOUSTON POLICE DEPARTMENT PROPERTY DIVISION . , 1. J _ . l TEMPORARY RELEASE OF PROPERTY R~CEIPT \f\lt:V.\"\€;z:u~ 5Ac.F16ACU ,t!71J~ 1 AY OF WEEK TAG NO. CASE NO. \~DL\~l B~-3-B DATE 1-l'j-<=(5 r, ~. (V\ · -:sDbo~n assigned ·to the ~tm'llie-*- @hO { listed property from the LABORATORY ANALYSIS THIS SECTION USED FOR RELEASE OF EVIDENCE TO COURTS SIGNATURE OF THIS SECTION USED FOR RETURN OF I,hereby,certify that all property signed out on this receipt has been satisfactorily cleared in the Property Division by return oft ALL PROPERTY PARTIAL PROPERTY 00URT RECEIPT ) ~ / ~ / · 19' ·7 ~ ?ROPERTY OFFICE!t _ _ _ _ _~:.,;·,:~·_:=t..4...0•C¢:"=...__- _ _ ___,..::)'(PLOYEE ~0. )?'v 1Z· THIS SECTION USED FOR RETURN OF LABORATORY RECEIPT 0FFICER RETURNING LABORA~ORY RECEIPT~---------------EMP.NO. __________ ?ROPE.RTY OFF!CER R-ECEIVING RECEIPT --------------------~MP.~O. __________ CA~E LABORATORY RECEIPT RECEIVED______________~ ~VIDENCE KEPT IN LABORATORY: '.WI-UTE COPY ORIGINAL, YELLOW COPY PROPERTY ROOM, PINK COPY OFFICER)  • Par.<;'_!_of...:..J_ :.:ase Nuntber Suspect Name Officer's Name :SDI/iJ~ B. tf\ Division 5w Ptti:Ir Dffense Officer's Signature & Emp.l Incident Type: Evid(XJ Found [ ] Safe Keeping (Jail) CJ Invest I/' I IProperty Officer's Sign. ~ Emp~# e-...., :::../' 1~ /11/ ~-'D L£ Bar Code Sticker Description (Quantity, Make ,Model, Serial #, Any Damage , etc. ) LE- :7 t.l( .£~~~~~~~~~?~~~~:--. 0)- N ~l) L flt-.v .5 ~KU41 /1-5.5-,t;tJII Iv: .;.:.·.•:- :c· ~ ...... ·- . ----·-·- -----·----· :'.;:'c~·· ·-·-···· ····- ···--··------.. ------ =..:.==-...::=:-...-=:-..::::.::::==;; .. ·=-·...:.:.:::~.-::-::-:.:.~ . ··- . ·..... ··:.:.::--...· -:'""" :::.-::.:··~:::::-:-::~-=--::=--====== : .. · :•.:·) :· ,; :,_-;..,- ;~o.:>M ... ··--·· --- --------- -·----------- .; .--~cein~ ,'las ::1 -~<:urn of; ... ~--·-------- .......... ~· . ;...~.) ,., .;omn RECEIPT /~"1' 1\ ft:, lll9f:>!~ ---. ---- .•. -- . -: ~::. ·::.:. :::.-.:.~: ::-.=.;..-.:: - 0 '.,':•' "";" •P,: '!\ - .:.•.. _ _;,;, _______ •.. ..:. ..! ..:_...:.. r.: ·:o. ----- ..  • __ Houston Police Property Division 'I /~ ·If .. !]., C~v~ Disposition Authorization Investigative DivisiJUVE NiLE ~EX CR~9fo. --...~l~'f~o_tf..i.-..u.X'..r...l,JJ.l'___.:.1....:3;;.._.4-.&;.L.··-· .Date Sent MAR 2 9 1994 'I • Date Property Tagged._ _ _ _ _ _Tag Number __B_"'k CF The property listed on the J'C\'OlBO sido was authoriz.ed by your Division to be tagaed in _the Property Room. DisposiliOD iD formation ia required by tho Property Division. In dicato lh~ e:urrent ·lfatus of tho property. dale, and sign. This form MUST be returned to the Property Room within 1811 (1 0) days. (General Ordot 700-1) Hold for Court Case ' Release to Owner (or Authorized PetsOD) ~f=~wN~--------------------­ Own~'•Name _____~~------ Cbar'c F i l e d - - - - - - - - - - - : - Date & Time Notified to Reclaim Proporty: Court Filed In------------ Hold for further Investi~&ation· • Method of Notification: Signature of ~§Jltiv , Commander Requin:d ~ ~1-f) Disposa of as Aulhorized by City Ordloa.Dce Hold for possible Surety or Indemnity (U11 D1111 ti/Ur 1M Prfi/Wrf1 b M IMI"' Mtdld • Bond Aarcc.menL l'llitlDw '"for lnw.nilf#IOtl,llllll Gil~ (jfotv Typo of Bond Requin:d: ----------..,.- to rM JYtllm fM propnfy ID flu OIIIIID'Nu bwt G" Pen;on must bo advised that he has 30 days to ""-'- by llwt bJvufiJGIIYII Dfl~Uion) liecure bond and retieivl' property. Name of person ·to whom release was refused: Tnmsf~ of Rcspcmsibillty: Division tranafomd 10:._ _ _ ___,_ _ Date & 'P(me notified that property would bo Aulhoriudby:._______________~- returned: fNOTE: AUIAorlzJnt p,,_. MUSTIll IISIIpd 1o Di'rilion An:tpl(nl nranv""u tV~) 4. •Method of Notification Hold for Property Hearing: 09. Destroy Property as Ordered by Court: (Coluf Orrkrr /or delhWtioa tV"PrtiiMrf'J 1o Ill lqr 011 Jil. b) flu lllmn'tfltiw Division), Hearing D a t e : - - - - - - - - . - - - - - Photograph & Release to Owntr: Date & Time Notified to Reclaim Property: (! • Method or Notification: Indicate II In person, b7 ,'__ .,. \f phone, or by muU. (If property •alue is $200 or • Method of Notification ;i ,.; 1~' -./ • more, mail must be certified, return receipt). ,\ · ,\; ~: 1-'' Return address on envelope should include the (Note: bmstigator is respollsiblefor phot~ . \! ,'.i.·· Dh·islcin and Investigator's Name.- "raphing propertv BEFORE it is re/e(Utd to (' '\ f_}:, ,, • \' l '' ' OWIIer). ,··.''.'_~- . ·~ • •· - ' \ l ~ .- Date Signature of Investigative Officer / . ·Employee Number ( I .... i . Property Room Use Only Property Rnom Use Only Final Supervisory Review by: Letter Disposition Review by: ~ame Date Name Da~ , • Houston Polkc Proprdy Di\'ision /] Disposilion Authorizntion .~9:1_ ~ ·tr~ J._., /. Investigative DiviJlniENJLE-SEX-CRJM&tt~o. L.i. () tt3J qq3 --:__/3__ Date Sent U~_2 8 -~!'!_!_Date Pn-~pc1ty Ta~gt>d_______· _____Tag Number _L,I:{_ e. F_ __.__ -----------..,.----- ------ -~::----· ....... • The rr~,r~ny li:oh•li un the r•m:OIC 5iJ~ wu Jolhon~d by ) our Dh·hion to he 1-lf&"J in tl:e Propcr1)' Rovm. Oi!p\'r1y, d~le, "nd d:;n. This f"r:n MUST bt rc:um.:J to the Pro~.rty Room '''ithin tcn (H)) Jays. {0~ r.tral Order 700-1) Hold for Court Case Rcltase lo Owner (or Authorized l'moo) Dcftndant.~ NAme _____ -------- Owi\er's Name----· Char~e filed-----·· ·-- - - - - - - - - - Date.$: Time Noli !it'd lo Rul:~im Property: CCiur1 Fill.'d ln _________ -·---- ··---·- Hold for f\lrther lnH~tic:ili\'n: --·-·-·------ ..M~thod of Nolifi~<'~tion: ·------- Signahae :~~tiy~ Commande.r Rc.quir\"d. ~~- Di~:pose of as Authoriud by Cil)' Ordinance Hold for possible Surety or lndemruty (tl11 mly o.ftcr lht propcftJ u 110 loro&cr fltt.!tl tu Bond Agreement. "i.!fllrt or for i111 olf~Ch'OII, AN1 oil rt lt~.'Uhlt rff-'N Type of Bond Required: lo IM rtlllm /Itt p~f.trty ro 1M o"n~r b "'"' U• Person musl be advi!te.d lhat be bas 30 days to h.J1<1tJ by rht lnrulilorr'•y DMslon) · ~cure bond anJ retrti\e prOpt'r1)'. Name of p.!rson lo whom relt-1~ '>'-as rcfu$td: Transfer of Responsibility: DiYi~ion transr~rr~d lo: _______ ····----- --------- -·----- --------- Date & Tir,,: notifaed thl pOp(rty \li>u!d be A~:tboriud by: ___________ 1-:?IIJmed: f.\'OTE:A~t~<>n:int Pt"t" Ml'STlot 0o1.·:vo~J ro ;;;,.:JiO:.fl .irrtJ'IfT.S T•.;tt/tt ,..._, P.n~"- :li.';'ty} [l9. (C.... rr OrJtrrf.;,r .falrvrli.-n ofprt;trf) ro l.t kpl on /It b) lht l111tMitotiu Di•isiM). . .- ' _ _ _._- ~-_;: ·~l' 5"~-. ----- _____ . ). /.-. ; ,\.,_~4~~--""-------- .r ;·, 2.... r Dale Signa!'.lre of Invcsl~gative Officer frr·ployee Number -----~---------- J ; J /' ·~'.···;) ',-~· ... Property Room Use Only JI j - rroperlyRoom Use Only ! . . ------------------------ .' ./ v. Lc:rer Di~pmi:iun Review by: . ·;1' Fnd Supc:rvi~ry Rc .. :e·.v by; i·'.i ; J ,·..,.' ::.t. ·~· ...... ., ,.,/ ·/ .. .: ··~ ,:; ..,/ .L• . ., J ? -"' / -·------ -·----------·· -··· --·------ . .//{ ;~.U/ (~ ·' Dat~ Name D:,re ---------·-- ·--·· __ _____ -·---·- ,. . . / . - .J. , / ( ·, -.,:..- Name ------·--··---·----~--·- -- , ---------------1.--------- -------------- The rro;-x-rty li>IL'd on lht· rt\'Wt sick w~s authoriud by )'OUT l)j,·i~ion to he '"SSL'd in the Pror,i"1y Room. Dispo~ilioo infonn:•!k>n is r.•quirt"J by lhe Propeny Di,·i~ipn. !ndic.ale the c~m~nl ~latus uf tl:e J'l"ra1y, ~ale, Rnd sicn. This f,,.m MUST ht rcrurrcd to the Pre>pMy Room within ten (10) dJys. {Gtncral OHler 700·1} ·--- ·----------·-----· Hold for C01,1r1 Case Rdr.ase to Owner (or Authoriud Pcrlon) Defendants Name-------------·---- 0\mcr's Name----·------- Charge Filed---·-·----------· Dale & Time N(1tified to R~·cl:lim Property: Court Filt'd In---···---- ___, ________ _ -----------..,...- ------· ---- --- • ;\h·:h-)d of Norifio:.:~rion: Hold for further ln\'c~tig~lion: Slgn;;ture of J~l.'stic;ri~ Commander Rc<1uir"d ../....L_p,~~::.'!::P.-- Dispose o( as Authoriud by City Ordin1111ce Ifold for pouible Sur"!)' or Jndcmnily only qfttt rAt propr If)' u no IM&tt MrJrtl tU (l.lsr Bond Agreement. ni.!rnrt- or for l'm'f'sliltlll'on, GNJ allttiM.ahlt r.lf.•ru ID rAt rtlilm rltt pmputy ro rAt o""'' .US f,rtn tz• Type of Bond Required: - - - - - - - - M~-islon) Person m\I.St be advi~d that be bas 30 dsys to secure bond a.nd relrei\'e proptrty. Name of pcr~on to whom rtlt.ase was rdu~d: Tranrfcr of Responsibilil)': Division lransftsrtd t o : _ · - - - · - - - - ·--·---------------- Date & Tir,,'! notif11~d th3l p1optl1)' \LOuld be Aulhoriud by: _ _ _ _ _ _ _ _ __ rc-:umcd: __ ., ______ -------------- f\'071:: A<~:\.-n'd"t r• \H:STbt .1-;.";r"'J 10 ;J,'t;Ji~,..,. Arttf·::r.s T•J'"-.~/rr .:/ P.c.·pr.r...·-:.&..,:~ry} •C.•~n OtJtn/"' .frJirvrli.:n ofpr;t~ I<> bt Ufl on Hold for ?roptr1y H.:.aring: Jolt b) 1l.r /nltJiit"li\t Di•ili"n). H:· ::::·-Dil'i>ion and I~; ~tig:;~ ~~,mt.• 1'.'.·,:e: /· ...,_. lig111or i! rt jiC.'I ...-b!t for grn2hir1s proptr.') BEFORE i1 iJ rrlrn._ I Signature of Inve~tigati\e Officer Emp:oyee Number -·-- ,... ·------'----------- _____P_r_o~erty Room Use Only __'-] [______ Pr~crty ~~om-~!.e Only . ___ J ·-- Fir~~~~pe~~::..:? Name Revi.c•y ~~~--- Jl ~~e Lc:ter ----~-;;;~·------ Di~j>OSit;oo Review by: D•t• -,1 ----------~ -- ------ - - - - - - - - · - - - - - - - · · - ___ _.J  . • DAY O.f Divisio·:'1,h.zor.,:·1:q,::,.:!:r::.!:"y ~~:1;.':. ·· i'.t.!'t''J :::ce.t.v:-:· listed property !rom the Property Division ~or the o~rpo~0 c:: 6lOC~0 . f' , co·_·Jro: A:·:?:::: r:v,~iC'~ ·~--------- _.$8. wJ \J)O.\ ~~~~Jt.,\\J-o. ...,._WAf ~LA-, As~\- K\.-\" , 6~~ ~ 41/ 4>m'PI ..Ck~ EVIDENCE l·mPT BY COURT; RECEIVED B Y - - - - - - - - - - - - - _ _ _ _ _COURT ON_ _~,.,...--­ f'RIN'l' DATE :JIGNATT.TH:F. OF ;=tE.ClHVING ')FfTCTA.L .. ,. .f:~r·:~~~.' ~c~r:·: ·. J· •• : ·~-1": ·'·--- :.:::-;·:.';·:·/.~: ..... E-i~-~.t>~G -~iJ.r. on t.ia:;_-s r_e-·:~~ipt ·11as ·.:~,~:.~ s.:1T.. :_-::: :~--~ ·-~:. ·:·~-~ ;_ '· ·:.,··. ·::~:. _.,'?? :-::-:.c~rt::._,. r:·i\tisl·.")!'l ~,'l :ceturn of 1 (_cOURT RECEIPT ) , S.\'!''S ·::wr"OY!..P. · IO. of'V.3l'/' 3ECI ::eN !JSJ::D P•Jr: ':Wl'1'JRN :)F ~~·-''130RATCfRY - =--========:;==== RECEIPT .. ·-·-····--·--·-·--·-----·~-·----- ~'--.P. ··o. ------------------ --------- · - - - - - - - - - - - :~\r. ·o. _____ "·--·-·-------- -···--·· ·- --- ·-· ___ ,_ ·-·- .. ·--- ... ____ , .... __ , __ . ---------- ·-·----......,.---- .. '.:;-rrrE . ,;c:·· ii:•1 .... , .. ···;. •.. • ·'.'> ,·,·, ·•• :'•-J,PFR'l Y ROOM. P.tNI-\ COPY OFFICER)  ANNIE REBECCA ELLIOTT DISTRICT CLERK Fort Bend County, Texas (281) 341-4516 Fax (281) 341-4519 July 27, 2015 To: John Harrity, State's Appeal Attorney Fort Bend County District Attorney's Office 1422 Eugene Heimann Circle, Room 20234 Richmond, Texas 77469 Re: Cause No. 94-DCR-026185 The State of Texas vs Jason Tyrone Pegues Dear Mr. Harrity: Please find enclosed the following: AFFIDAVIT SUBMITIED BY DEPUTY CLERK FROM THE DISTRICT CLERKS OFFICE. DISTRICT CLERK ANNIE REBECCA ELLIOTI By: _ _--li.-YY-fi-I~~~~~=::.....:....-- Deputy Distri le k isa Tucker Telephone: (281) 341-4516 JUL 28 2015 DISTRICT ATTORNEY'S OFFICE CC: Jason Tyrone Pegues Huntsville Unit 815 12th Street Huntsville Tx 77348 ACKNOWLEDGEMENT OF RECEIPT MAILING PHYSICAL 301 Jackson Street 1422 Eugene Heimann Circle, Room 10142 Richmond, Texas 77469 Richmond, Texas 77469 http://www.fortbendcountytx.gov Departments- District Clerk  Cause No. 94-DCR-026185 STATE OF TEXAS § IN THE DISTRICT COURI OF vs § FORT BEND COUNTY, TEXAS JASON TYRONE PEGUES § 240TH JUDICIAL DISTRICT COURT AFFIDAVIT My name is Lisa Tuc~er. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts,herein stated: The office of the Fort Bend County District Cler:k is the custodian of records. Attached are 3 pages of records from the above mentioned cause. In response to the "Order on State's Motion to Enter Orders so that the State May respond to the Defendant's Motion for.ForensicData Testing order signecj on June 26, 2015, by the 2401h District Court of Fort Bend County, Texas. As of today's date and to the best ofmy knowledge the only e;.chibits in our possession are listed on the attached 3 page list provided by· Court 'Reporter. The listed· exhibits are stored here at the Fort Bend County DistricLCierks Office 1.422 Eugene Heimann Circle Richmond, Texas 77469. As of today's date no log.exist orund showing~ari'y past record of-the exhibits being checked out. Also, as of today's date no one has checked out any of the attached listed exhibits and all listed exhibits are here in custody at the Fort Bend County District Clerks Office. These 3 pages of records are kept by District Clerk ANNIE REBECCA ELLIOTI in the regular course of business, and it was the. regular course of business of the District Clerk for an employee or representative of District Clerk ANNIE REBECCA ELLIOTI, with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record; and the record was made at or near the time or reasonably soon thereafter. The records attached are the original or exact duplicates of the original. AFFIANT: J) ' . \/\ )C;rh j &"=£ tea._ DATE: _·__._]_--~_l_,__-_\_~---­ Deputy District Clerk Lisa Tucker ~ rr~~ \F))~~/ ~Yu·~ ORIGINAL 11 Before me, the undersigned authority, personally appeared \ ), ~ \ u<.J...(.£_{" who was sworn and subscribed before me on this the --"'J-_. _y..__·"- d:y of >.\LL~e> \S U COUNTY, TEXAS IRMA CORTEZ Notary Public, State of Texas My Commission ~es 06-20-2018 ORIGINAL  /.:; ·:: ..:: "_-· ·' .:_:::._,_ ..;,o.: JASON PEGUES CAUSE # 26,185 and 26,341 STATES EXHIBITS #1 STATUTORY WARNING OF JUVENILE BY MAGISTRATE #2 SECOND MAGISTRATE APPEARANCE FORM MAGISTRATE'S DETERMINATION OF A JUVENILE'S COMPETANCY TO MAKE A WRITTEN STATEMENT DEFENDANT'S EXHIBITS #1 STATEMENT #2 CERTIFICATION AND RESOLUTION #4 MINUTES FORT BEND COUNTY JUVENILE BOARD # 5 CITY OF SUGARLAND/FORT BEND COUNTY JUVENILE BOARD  JASON PEGUES #26,185 TRIAL: JULY 18TH 'I'HRU 20TH /.:'/.'/~5 PUNISHMENT: 50 YEARS TDCJ SHELF: BIN: STATE'S EXHIBITS: 01. THRU 15. PHOTOS 16. PHOTO LINEUP (NO #17 SX-ENTERED) 18. THRU 20. PHOTO LINEUPS )' 23. THRU 24. PHOTOS 27. PHOTO 30. BLACK. PANTS 31. MEDICAL RECORDS ··~ '~~'\,:if-~. 32. STATUTORY WARNING .., :; 33. magistrate'S CERTIFICATE 34. JUVENILE WARNING 3 5. RA.PE KIT ENVELO~E 35A. RAPE KIT 3 6. STATEMENT 37. STATEMENT 38. CAMISOLE 39. SWEATER DEFENDANT'S EXHIBITS: 01. DR. COX REPORT  JASON PEGUES U26,185 JANUARY 31, 1995 SHELF 1 BIN CHARGE: AGGRAVATED SEXUAL ASSAULT ATTEMPTED CAPITOL MURDER BURGLARY OF A HABITATION HEARING: EXAMINING TRIAL AND WRIT HC . ~'I EXAM.TRIAL-DEFT.BIND TO GRAND JURY WRIT HC.#I-BONDS SET ON EACH CHARGE STATE'S EXHIBITS 1. Through 8 Photos - (Copies) 9. Magistrate's Verification - (Copy) 10. Confession - (Copy) lOA. Second page of Confession - (Copy) 11~ Statutory Warning - (Copy) 12. Statement - (Copy) 13. Photo - (Copy) ,_ 'i·.  94-DCR-026185 Lm l.et111rs 3702682 ~m111•1- ANNIE REBECCA ELLIOTT DISTRICT CLERK Fort Bend County, Texas (281) 341-4516 Fax (281) 341-4519 August04, 2015 To: John Harrity, State's Appeal Attorney Fort Bend County District Attorney's Office 1422 Eugene Heimann Circle. Room 20234 Richmond,Texas 77469 Re: Cause No. 94-DCR-026185 The State of Texas vs Jason Tyrone Pegues Dear Mr. Harrity: Please find enclosed the following: AFFIDAVIT SUBMITTED BY ATTORNEY TEANA V. WATSON. RECEIVED DISTRICT CLERK ANNIE RE n AUG 04 2015 Fort Be ty, Texas DISTRICT ATTORNEY'S OFFICE ACKNOWLEDGEMENT OF RECEIPT Received By Fort Bend County District Attorney: s?Yjri;tC:Z ¥J CC: · Jason·T.yrorie Pegues Huntsville Lthit · 81S12tti Street Huntsville :rx 77348 MAILING PHYSICAL 301 Jackson Street 1422 Eugene Heimann Circle, Room 10142 Richmond, Texas 77469 Richmond, Texas 77469 http://wNw.fortbendcountytx.gov Departments - District Clerk STATEOFTEXAS § § COUNTY OF FORT BEND § AFFIDAVIT My name is Teana Watson, I am over eighteen years old and of sound mind and competent to make this affidavit. I was one of the Assistant District Attorneys who prosecuted the State of Texas vs. Jason Tyrone Pegues in Cause No. 94-DCR-026185. I ceased working in the Fort Bend District Attorney> office in 1996. It has never been my practice to hold onto evidence and I do not have any evidence from this case, nor do I have any information to provide or any recollection regarding the location of any e1"ence in this case. //A/. 'it,_ tJL.~~-~ Si nature of Affiant Teana V. Watson SUBSCRIBED AND SWORN THISdroAY OF JULY, 2015. .t.fJ..~·~~ fi..W.tot JACKIE LYNN KERMODE ~~~ \:"-:~,l'\l4 Notary Public. State of Texas Mv Commission Expires . My Commission Expires: 05/Jrs/tq I I ....{~;~.~~"' May 15, 2019 (C©fPY r ~~ 0 (')· • o::<~ :;:tX Cit 0~ 0 2:: c:t t0_)~d UJ ~~:; ~X - _J <1)1Ll M o!Xl _..J ::::> .~ ·.~t:. lL -, ~uP 4 - &.r;') c;::;> C'--1 r-~ d ''-··'  ANNIE REBECCA ELLIOTT DISTRICT CLERK Fort Bend County, Texas (281) 341-4516 Fax (281) 341-4519 August06,2015 To: John Harrity, State's Appeal Attorney Fort Bend County District Attorney's Office 1422 Eugene Heimann Circle, Room 20234 Richmond, Texas 77469 Re: Cause No. 94-DCR-025185 The State of Texas vs Jason Tyrone Pegues Dear Mr. Harrity: Please find enclosed the following: AFFIDAVIT SUBMITTED BY MARTIN LOPEZ. RECEIVED DISTRICT CLERK ANNIE REBECCA ELLIOTT AUG 06 2015 Fort Bend Cou_nty, ~ OISTRICT ATTORNEY'S OFFICE s~~ue~~~~~~~------------- Deputy District Clerk Petra Lozano Telephone: (281) 341-4516 ACKNOWLEDGEMENT OF RECE'IPT Print Name · 8/e:, /!5 cc: Jason Tyron~ Pegues Huntsville Unit 81s 12th street Huntsvilie Tx •· 77348 MAILING PHYSICAL 301 Jackson Street 1422 Eugene Heimann Circle, Room 10142 Richmond, Texas 77469 Richmond, Texas 77469 http://www. fortbendcountytx.gov Departments - District Clerk  Houston PoHce D-epartment Tuesday, Augm;t 4, 2015 From: ivlurtin LOf.tiZ HPD Pl'opet·ty Division Telephone# · 832-394-4096 FAX# :S:32ne Pe-rue~ FILED 94-DCR -025185 LETT AUG 0 4 2015 f letters 3706580 AT $9: M. ~~~~ Ill ~~~~~~~~~~~111111111 Clerk District C~rt. f:ctt Bend Co., TX  •,, 04-AUG-2015 02:27 From:8323944091 Pali\e-:2·'6 ~-DCR-026185 AFFI Allhlavit ·.i~IIM~I ···- ____ ,._. -··----·-·· Houston Police Department EMPLOYEE SWORN AFFlDA VlT STATE OF TEXAS DATE: 08/04/15 COUNTY OF HARPJS TI11.1E: 08:22 Statement or Person 1Jnder Oath BEFORE ME, the under:;:\gned authorit), p~rsonally appeared 1-Aartin Lopez: \V:bo uron t:eing duly sworn, deposed and st"lted as follows: My name is Martin Lopez. I am 40 years of age, and my date of birth is 03/10/75. My employee number is 115994 and I have been enrl0.yed. ·with the city of Houston for app'"0Xi:r:Jatf']y 15 years. I am assigned to the -Houston Polic:e Department. Property Dtvision, as p,· Sr.. Microcomputer P...nalyst ivly work number is 832-394~4096. Tb.«~ facts statecl herein are tme and correct, except those stated ~n1 infonnation and belief: to the best of my know'tedge During the first week of June, Fort Bend County DA Investigator John Bohannon requested assistance from the Property Division in finding information related to artLCles that hac!. been previously tagged imo the HPD Property ~~oom under case 140"-81893. A search in the Property Division's E\'idence Management System did :10t show any item information under case l40481S93. While doing flrther research I looked in the Division's closed out files and found two invoices for case 140481893. The first invoicE: had a tagging date of 12-28·93 and the second invoice had a tagging date of 05-25-94. The invoke for evidence tagged on 12.,.28~93 (:ontai::-,ed the following: barcode· BACF (1 Sexual Assault Kit) and. barcode • BACH (1- bag containing clothes). The invoice for c:vid~nce tagged on OS-25-94 contained the following: barcode- C7DS: (Vial ofblooc, Hair, Saih·a). Attached to both ,invoice:: was an "HPD Property Division Tempora.ry Release of Property Receipt'' fonn which stated that all items under bmcodes BACF, BACH, and C7D9 had been taken. for Court Appearanc-.e on 07-19-95. This "HPD Property Division Temporary Relea3e of Property Receipt" form also stated that a:J item~: und;~r barcode3 BACF, BACH, and C7D9 were kep~ by the 240th co·~rt on (:7:-19-95. · I have attached copies of the two invoices and the "HPD Property Division Temporary Release of Property Receipt" fom1 ·.vith this affic!Evit. On June 4, 2015 I f."lade e. :opy of the t\\'(t invoices und the "HPD Property Division Temporary Release of Property Receipt" :fonn and had these do::uments notarized by Sgt. Lance Jolmson.. I then provided ·the notarized copies of these docum1~nts to Investigator Johr1 B~hannon on that date. I was not employed by the Houston PoHre Peparon~:J.t at the tim.e when the -evide~ce \mder case 140481893 was tag~ed i.M<}:lll_.· e Propertv. • Room or w:1en this evidence was taken and kept by the H11:1$<0n J'oliee Dep.tr.m(n\: f of"¥ f;;/lfA (h.~: ?rintcd: 08.'0<;/l S lnttmal Amrrs J)lvr~ton ~ C f;l:,' Pe.ge 1 of2 Page~.5 AtJs -4 P1f :Z: SZ Initials: ,v( ..._ Date: 8 ·l.f ~ I ) . .(." /"":) ·:.~~"~G' .. .. ~~~ · 04-AU3-2015 02:27 court At no. time did I physically handle these item';, ncir was I pmt of the •=hain of c.ustody of these items. Finally, although I have fully cooperated and answel'ed all issues presented in t::lls matter to the best of my ability as ofthe date ofthis statement, thi!: incident occurred 9 we1~ks ago. Therefore, I hereby reserve the right to supplement and/or amend this statement should additional facts be brought to my attention 1hrough further investiga::ion, subsequent reflection on the matter, because of an honest def,~ct in the perception of the event(s), or the common foibles of htunan memory. I have completed 16 yean; of school and can read and write the English Languag•:. I have read this statement in its entirety and certify that it is correct and true to the best of my knowledge. . 1 (Name: Printed) (Signatur(:) Subscribed and swam to before me this ·f~Jy. day :>f Avbrfi.T Notary Signature: L~ ti. {Ju~tt_~ (Nowy Stamp/Seal) e. RANDY 1g CARODINE NOTA~Y PUBLIC STATE OF TEXAS X?.....1•0]7_"""~11'.,17o..t . MY COMhU... HOUS10n Police Dcp:mmcnt: Dat'! Printed: OB./(}~tl5 Intent a! .,:Jialrs ::>iYiSion Page 2 of 2 Pages Initials: ~C:... . Date: 8 · If~ (4  • r'ri.fi.v.)JJ 8A6 wrrrl c:t>I"1Pt. CLO/Ht/t/6 J:'f~,~ 212 B rl (J) (S) ;14! .l.t.--.. -- ···- ·----- jjtf li1 SE(S)f,3 6-Le.d. .;j'___., 1------------------L~~~jv~--------· -----·--· r. . _i.l.z~t. m ... ('>) ~- l"l ~ lL. E 0 L [.. _.. ______ .......... __________ ,., ___ .. ___ -· ...... ________________ m ru ru IS) If) ..... ('>) ruI ~I ~  04-AUG-2015 02:29 From:B323944091 HOUSTON P~L!CE ~EFARTM~lJT 'PROPERTY DIVISION I_ \ . j TEN?ORARY RELEASE OF ?ROPERTY RE.CEIPT DAY OF WEEK \f._Lto..\\e~'-\ . TA.G NO. 5/\C..Fd)A\1-t ,e.ILJfl cAsE No. V-loL\Sl e,1-3-{3 . _ DATE -;---(:J-45 ... I' e. \V~' ~)b[1~,~~-_:_a:~signed to the ?=>u%rr~· ~::·~~ ( Div.is ion,hereby,certify that I have .recei~ed the below listed property froro t.he 1 Property Division for the purpose o~: ' 6 ~c.a,.'(O_/' - ----.._, f- ~URT APPEli~ANc~:_/ ·:NVEST~G,:.TJON L~.BOF.ATOF:Y .ll.NA~~..'fS :S PROPERTY OR COURT RECEIPT MtTST BE RETURNED IN SEVEN 1[7} DAYS =-· ......ruM No. oR oE'ScRrPrioN otPRC..ip£:i1·'r A~; LrsTtD oN PRoPE'R'T1- Rod'MI'N'Vb"'i"CW"" ._...,. .S.E. w/ \ho;.\ 8tosJ l\fi.IR. sb\dt.. ) LC.j {'I~J.. Lc....-~ Asso.. ....\~ K~~ I 13uJ!j_ __ fu§ w I! ·.arr-et CJc1bece (.:~~~~3) Bra.~ ~Jf1ftgr2_ .: -:- RECEIVED BY PRINT . ' s ' Q~Wl~\, \ IN Aot /45 ··- COURT ON ] DATEt ,;.. t S!GNATUll.E OF RECEIVING ·:>FFlCI.A -'\ 'iri£ . -lf>s.I]:'J.·~!:J 1 VI === PROPEI!TY ROOM I,hereby,certify that all property signed out on this receipt has been satisfactorily cleared in the Property Division by return of; ALL PROPER':'Y PI\.F.TII'aL PROPERTY ~~Ol.JRT RECEPT ) / DJ~TE •. I' /1; 'i'' PROPER:Y OFFICE~-- EMPLQYEE: NO. 1'«.37/. ======~~=:=~~=::::::::::::::::::::==~·==~==::;.=~~=========·--== THIS SECTION USED FOR RETURN OF LABORA'f()I{Y RECEIPT OrFlCER RETURNING LABORA~ORY RECFIPT____~---------- EMP.NO. PRO?ERTY OFFICeR RECEIV!!!·3 RE:EIFT DATE LABO~ATORY EVIDENCE KEP'l' IN LABORATORY; RECEIPT RECE!VED_. 18:: ~ Of ~ I~Y . ·----~· RANDY SO l~NP 0 p·usuc STATE OF TE~S .NO. I ··-··--· - - . ·--- ·---·-· 'tz '~ ~MYCQ7M~~o R.zlA;~/~ . ~~~ 'Yl/'!•....J (WHITE CC·?.Y ORtGlNAL, YELLow· COPY f'ROPERTY ROOM, ;: COPY O'!:?FlCER}