./
I-;:.
LJ
0 This document contains some
pages that are of poor quality
at the time of imaging. RECEIVED IN
0 COURT OF CRIMINAL APPEALS
NOV 30 2Ui5
n THE STATE OF TEXAS
Abe, Acost~. Clerk
COUNTY OF Brazos
D
I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos
0 County, Texas do hereby certify that the documents contained in this
record to which this certification is attached are all of the documents
specified by Texas Rule of Appellate Procedure 34.5(a) and all other
0 documents timely requested by a party to this proceeding under Texas
Rule of Appellate Procedure 34.5{b). ·
o· GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office
0 in Brazos County, Texas, this the 26th day of February,2013.
0
~-o
0 Marc Hamlin, District Clerk
0 Brazos County, Bryan Texas
0 jf_shfey :Morgan
Deputy Clerk
0
0
0
0 Page 80
I) /
/---
1 1
l 1
2
RTER'S RECORD
Volume 1 of 6 Volumes
] 3 Trial Court Cause No. 12-03324-CRF-272
4 Court of Appeals No. 10-13-00049-CR
J ..
5
6 THE STATE OF TEXAS IN THE DISTRICT COURT OF
J
7 vs. BRAZOS COUNT~, TEXAS
] 8 DAVID DUANE GREER 272nd JUDICIAL DISTRICT
] 9
10
I·;
J 11
12
]
t' 13 MASTER INDEX.
]'\' 14
15
~ 16
17
CERTIFIED <.:;·: •·.
":-;;:·
J -TRANSCRIPT
18 '"
J 19
20
~ 21 Denise C. Phi+lips, Texas CSR #6482
Official Court Repbrter - 272nd District Court
] 22 300 East 26th Street, Suite 204
Bryan, Texas 77803
23 979-361-4221
r 24
25
iJ
" DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER·
'] 272ND DISTRICT COURT
l
2
1 A P P E A R A N C E S
1-
2
1 3 ATTORNEY(S) FOR STATE:
RYAN CHARLES CALVERT
~
4
SBOT NO. 24036308
5 WILLIAM LEE WARD
SBOT NO. 24077302
6 Assistant District Attorneys
300 East 26th Street, Suite 310
7 Bryan, Texas 77803
Telephone: 979-361-4320.
8
9 ATTORNEY(S) FOR DEFENDANT:
10 EARL R. GRAY
SBOT: 24.007265
11 Gray, Granberry & Jones
103 N. Main Street
12 Bryan, Texas 77803-3235
Telephone: 979-822-4759
13
14
15
16
17
18
19
20
21
22
23
24
25
DENISE C.PHILLIPS, CSR
OFFICIAL'COURT REPORTER
272ND DISTRICT COURT
0 4
D 1
2 October 29, 2012
CHRONOLOGICAL INDEX
Volume 2
0 3 Page
~
4 Opening Remarks by the Court 4
Announcements of Ready 4
5 Defense Request for Audio/Video Evidence 4
The Court's Ruling on Request 5
0 6 Adjournment
Court Reporter's Certificate
6
7
7
0 8 November 13, 2012 Volume 3
0 9
10
Venire pan~l seated
Voir Dire Examination by The Court
Voir Dire Examination by Mr. Calvert
5
5
11
0 11
Venire panel retired
Discussion at bench:
99
12 Venireperson No. 1 99
0 13
Venireperson
Venireperson
No.
No.
5 excused for cause
17
104
104
Venireperson No. 17 excused by agreement 107
0 14 Venireperson
Venireperson
No.
No.
22
22 excused for cause
107
108
15 Venireperson No. 24 108
0 16
Venireperson
Venireperson
No.
No.
Veni~eperson No.
30
30 excused by agreement
57 excused by agreement
111
111
112
0 17
18
Venireperson No.
Venireperson No.
53 excused by agreement
48
112
112
Short recess 114
0 19 Venire panel reseated
Venireperson No. 30 excused by agreement
114
114
20 Voir Dire Examination by Mr. Gray 114
0 21
Venirepersons Nos. 54 through 60 excused
Venire panel retired
142
142
Short recess 143
0 22 Discussion at bench:
23 Venireperson No. 9 143
0 24
Venireperson No. 38
Defense challenge as to Venireperson No. 38
Court's ruling·
150
153
153
-0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
u I
l 5
l 1
2 November 13, 2012
CHRONOLOGICAL INDEX
Volume 3
J 3 Page
4 Venireperson No. 39 153
J 5
Venirep~rson No. 39 excused for cause
Venireperson No. 40
157
157
J 6 Discussion with Defendant 159
Strikes made 161
7 Venire panel reseated 162
Jury seated 162
J 8 Remaining venire panel released 162
Instructions read to Jury 164
9 Jury retired 165
J Evening recess 174
10 Reporter's Certificate 175
J 11 November 14, 2012 Volume 4
12 Witness sworn 20
J 13
Discussion with Defendant
Jury seated
20
22
Jury sworn 22
] 14 Indictment presented
Defendant's plea
22
22
15 Opening Statement by Mr. Calvert 22
] 16
Witness sworn 26
STATE'S WITNESSES:
17
J TERRY YOUNG:
18
Direct Examination By Mr. Calvert 26
J 19 Cross-Examination By Mr. Gray 57
Redirect Examination By Mr. Calvert 73
20 R~cross-Examination By Mr. Gray 74
J 21 Jury retired 76
Short recess 76
22 Discussion with the Defendant 76
J Jury seated 78
23 Witness sworn 78
J 24
25
J
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
J 272ND DlSTRlCT COURT
J
6
1
] .
1 CHRONOLOGICAL INDEX
2 November 14, 2 012 Volume 4
l 3 Page
4 RICARDO LEDESMA:
1 78
5 Direct Examination By Mr. Ward
Cross-Examination By Mr. Gray 87
] 6 Redirect Examination By Mr. Ward
Recross-Examination By Mr. Gray
91
93
7
] 8
Witness sworn 95
LAKETH McKINNEY: ,' ;.
] 9
Direct Examination By Mr. Calvert 95
10 Cross-Examination By Mr. Gray 97
L 11 State rests
Jury retired
100
100
100
12 Defendant's Motion to Suppress
l 13
Court's ruling
Jury seated
112
112
] 14 DEFENDANT'S WITNESSES:
15 MONISHIA R~NE CAMPBELL: . ··
] 16 Direct Examination By Mr. Gray 112
Cross-Examination By Mr. Calvert 122
] 17 Redirect Examination By Mr. Gray 137
18 Defendant rests 142
] 19 STATE'S REBUTTAL WITNESSES:
20 RICARDO LEDESMA:
I 21 Direct Examination By Mr. Ward 1~4
Cross-Examination By Mr. Gray 147
~ 22 Redirect Examination By Mr. Ward 150
23 Jury retired 151
Noon· recess 153
24 Jury seated 154
25
r DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
~ 272ND DISTRICT COURT
I
l 7
l 1
2 November 14, 2012
CHRONOLOGICAL INDEX
Volume 4
] 3 Page
TERRY YOUNG:.
]4
5 Direct Examination By Mr. Calvert 154
Cross-Examination By Mr. Gray 156
J 6
Witness sworn 157
7
] 8
JASON WARE:\-
Direct Examination By Mr. Calvert 157
] 9 Cross-Examination By Mr. Gray 159
10 State closes 160
Defendant rests and closes 160
J 11 Jury retired 160
Objections to Charge '160
12 Jury seated 161
J Charge read 162
13 Closing Argument by Mr. Ward 162
Closing Argument by Mr. Gray 168
) 14 Closing Argument by Mr. Calvert
Jury retired for deliberations
176
183
15 Jury request to view video 183
Jury continued deliberations 183
J 16 Jury seated 183
Verdict 184
] 17 Jury retired and released
~vening recess
185
185
18 Reporter's Certificate 186
J 19 November 15, 2012 Volume 5
20 Enhancement paragraphs presented 5
] Defendant's plea 5
21 Witness sworn 6
22 STATE'S WITNESSES:
J
23 BRYAN WADE RUEBUSH:
·~- ..
1 24 Direct Examination By Mr. Ward 6
Cross-Examination By Mr. Gray 8
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
[] 8
[} 1 CHRONOLOGICAL INDEX
2 November 15, 2012 Volume 5
0 3 Page
4 Witness sworn 12
0 5 GREG SILBER:
... .- ..
0 6 Direct Examination By Mr. Calvert
Voir Dire.Examination By Mr. Gray
12
20
7 Direct Examination Continued By Mr. Calvert 25
0 8
Voir Dire Examination By Mr. Gray
Direct Examination Continued By Mr. Calvert
26
27
Cross-Examination By Mr .. Gray 36
0 10
9
State rests
Witness sworn
36
37
0 11 DEFENDANT'S WITNESSES:
12 KENNETH GREER:
0 '13 Direct Examination By Mr. Gray 37
Cross-Examination By Mr. Ward 41
0 14 Redirect Examination By Mr. Gray 44
15 Witness sworn 45
0 16 ANNETTE GREER
0 17
18
Direct Examination By Mr. Gray
Cross-Examination By Mr. Ward
Redirect Examination By Mr. Gray
45
50
52
0 19 Defendant rests
State closes
53
53
20 Closing Argument by Mr. Calvert 54
0 21
Closing Argument by Mr. Gray
Ruling of Court
56
58
Reporter's Certificate 61
0 22
23
0 24
0 : .. •'
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
·- I
'1
l 9
l 1
2
CHRONOLOGICAL INDEX
Volume 6
J 3 Reporter's certificate 3
State's Exhibit No. 1 5
4 State's Exhibit No. 2 6
] State's Exhibit No. 3' 7
5 State's Exhibit No. 4 8
State's Exhibit No. 5 9
] 6 State's Exhibit No. 6 10
11
State's Exhibit No. 7
7 State's Exhibit No. 8 12
] 8
State's Exhibit No. 9
State's Exhibit No. 10
13
14
State's Exhibit No. 11 15
~ 9 State's Exhibit No. 12
State's Exhibit No. 14
16
17
10 State's Exhibit No. 15 18
State's Exhibit No. 16 19
J 11 State's Exhibit No. 17 20
State's Exhibit No. 18 21
12 State's Exhibit No. 19 22
] State's Exhibit No. 19-A 23
13 State's Exhibit No. 20 24
State's Exhibit No. 21 25
] 14 State's Exhibit No. 22
State's Exhibit No. 23
26
27
15 State's Exhibit No. 24 28
~ 16 \
] 17
18
J 19
20
21
22
23
J 24
25
1
.." DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
] 272ND DISTRICT COURT
•I
fi
~
10
'
1 ALPHABETICAL INDEX
'
2 Direct Cross V.Dire Vol
3 Campbell, Monishia Rene 112 122 4
137
4
Greer, Annette 45 so 5
5 52
6 Greer, Kenneth 37 41 5
44
7
Ledesma, Ricardo 78 87 4
8 91 93
9 Ledesma, Ricardo 144 147 4
150
10
McKinney, Laketh 95 97 4
11
Ruebush, Bryan Wade 6 8 5
12
Silber, Greg. 12 20 5
13 25 26
27 36
14
Young, Terry 26 57 4
15 73 74
l 16 Young, Terry 154 156 4
] 17 Ware, Jason 157 159 4
18
19
20
21
22
23
24
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
l 11
l 1
2
EXHIBIT INDEX
State's Exhibits
l 3 EXHIBIT DESCRIPTION OFFERED ADMITTED VOL
4 1 Arrest Warrant 16 19 4
] 2 Arrest Warrant 16 19 4
5 3 Video 34 34 4
3 Video 143 144 4
6 4 Photograph 48 48 4
J 5 Photograph 48 48 4
7 6 Photograph 48 48 4
] 8
7
8
Photograph
_Photograph
48
48
48
48
4
4
9 _Photograph 48 48 4
9 10 Leather jacket 41 41 4
J 11 Weapon 41 41 4
10 12 Bullets from weapon 54 54 4
. 14 Stipulation 20 22 4
J 11 14 Stipulation 99 100 4
15 Inventory form 90 90 4
12 16 Inventory Search Policy 107 4
J 13
17
18
Judgment and Sentence
Pen Pack
15
26
17
27
5
5
19 Pen Pack 20 25 5
] 14 19-A
20
Judgment and Sentence
Judgment and Sentence
20
30
22
30
5
5
15 21 Judgment and Sentence 30 30 5
22 Indictment 28 5
J 16 23 Judgment' and Sentence 28 29 5
24. Fingerprint card 36 36 5
17
J
18
] 19
20
21
22
J
23
24
~
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
J 272ND DISTRICT COURT
1 I
I
1
r The State of Texas v. David Duane 'Greer October 29, 2012
]. ..;• 1 REPORTER'S RECORD
VOLUME 2 OF 6 VOLUMES
2
J TRIAL COURT CAUSE NO. 12-03324-CRF-272
3
APPELLATE COURT CASE NO. 10-13-00049-CR
~ 4
5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF
~ 6
§
§
§
7 v. § BRAZOS COUNTY, TEXAS
J §
8 §
§
1 9 DAVID DUANE GREER § 272ND JUDICIAL DISTRICT
10
~ 11
] 12
13
J 14 DOCKET CALL
~ '15
.. 16__
~.
17
ij 18
19 On the __ 29th day of October}?.~~ 2/ the fo l1 owi nQ r. b-·,.~
] . -H ..... ···· . &4.1(_ •<' f: c.·-lyJ?cr~ ua,ec _y-e- f../(/( (/
20 proceedings came to be heard in the above-entitled and
21 -numbered cause before the Honorable Travis B. Bryan,
J
22 III, Judge presiding I held in Bryan I Brazos County I
J 23 Texas:
24
I.~ Proceedings reported by computerized stenotype
25 shorthand.
CERTIFIED, .
, ___ ··- ------ - - · - - - - - - - -
KC:letheryne B. Kytiell, CSR
OfficiC:ll Court Reporter
[
.-:-
272nc! District <;:ourt, BtC:lzos County, Tex(:ls
~. ,·
2
:n The State of Texas v. David Duane Greer October 29, 2012
n. 1 A P P E A R A N C E S
2 Mr. Ryan C. Calvert
D Brazos County District Attorney's Office
3 SBOT No. 24036308
300 East 26th Street, Suite 310
4 Bryan, Texas 77803
D (979) 361-4320
5 ATTORNEY FOR THE STATE OF TEXAS
D 6
Mr. Earl R. Gray
7 Gray, Granberry & Jones
D SBOT No. 24007265
8 103 N. Main Street
Bryan, Texas 77803
D 9 (979) 822-4759
ATTORNEY FOR THE DEFENDANT
10
D 11
D 12
13
0 14
D 15
_16_
0 17
0 18
19
0 20
21
0 22
D 23
24
0 25
Q_ - ---·-··-- --·-··-.
K.qethetyne B. Kytiell, CSR
u OfficiC:ll Court Reporter
272ncl District Court, BtC:lzos County, TexC:lS
3
l The State of Texas v. David Duane Greer October 29, 2012
l 1 CHRONOLOGICAL INDEX
VOLUME 2
2 (DOCKET CALL)
J 3 PAGE VOL.
OCTOBER 29, 2012
l 4
Opening Remarks by the Court ............... . 4 2
5 Announcements of Ready ..................... . 4 2
] 6 Defense Request For Audio/Video Evidence ... . 4 2
The Court's Ruling on Request .............. . 5 2
7
J Adjournment ................................ . 6 2
Court Reporter's Certificate ............... . 7 2
J 9
10 ALPHABETICAL WITNESS INDEX
J VOLUME 2
11 (DOCKET CALL)
J 12
(No witnesses this volume.)
13
J
14 EXHIBIT INDEX
VOLUME 2
~ 15 (DOCKET CALL)
-16-
J 17
(NO exhibits this volume.)
18
J
19
~ 20
21
J
22
J 23
24
J
25
J_ --- --
Kqethetyne B. Kytiell, CSR
Officiql Court Reporter
1 272ncl District Court, Btqzos County, Texqs
4
n The State of Texas v. David Duane Greer October 29, 2012
0 1
2 (Open court, defendant present, no jury,
D 3 10:01 AM.)
B 4 THE COURT: David Greer.
5 THE COORDINATOR: Possibly be number one,
D 6 depending on what Mrs. Lowry does.
0 7 THE COURT:
MR. GRAY:
Be number·ohe case.
Good morning, Judge.
D 9 THE C0 URT : _ Good mo r n i ng , s i r .
'
Wh at says
10 the State?
0 11 MR. CALVERT: We're ready, Judge.
0 12 MR. GRAY: Judge, we'll announce ready on
13 t h e c o n d i .t i o n t h a t i f t h e r e i s a u d i o a n d v i d e o a n d a n
0 14
__ ..----·· ..
inventory list.of what was actually seized at the time
0 15 of the arrest, that we get that sometime week. If I get
1.6. someth-ing --thi-s- week, -I have still have time to prepare.
o- 17 THE COURT: Audio and video on what?
o 18-
19
MR . GRAY : · 0 n t he a r r e s t .
MR. CALVERT:
-
There was a traffic stop,
0 20 Judge. At pces~nt, -we don'~- have any audio· or vi de().
0 21
22
We have requ!3sted it.
week but have not heard anything yet.
Requested it, I believe, last
So I don't know
0 23 if those things exist or not; but if they do, we'll get
24 them to counsel as soon as we get them.
D 25 THE COURT: When are you going to be able
Q__: ------ -----~============='
K4etheryne B. Kyriell, CSR
-U OfficiHRT---------------- ------------
D
0 9
D- 1 So, all you need to do is just say, "I'd
2 like to talk to you about that or talk to the Judge about
O 3 that later."
0 4
5
You know, for instance, if you have been --
if this was a drunk driving case, hypothetically
0 6 speaking -- which it's not -- and you had been the victim
7 of a drunk driver or were close to someone who was, you
0 8 might not be able to be fair to the accused, if this were
0 9 a drunk driving case. So, you need to -- you would need
10 to let us know about that.
0 11 On the other hand, if you had been
0 12
13
mistreated by a police officer and if this was a police
testifying case and due to that what you felt was
0 14 mistreatment you just didn't believe you could ever
15 believe a police officer or you'd be prejudiced against
0 16 the State because of that -- how you were mistreated in
0 17 that case, that also is something you should tell the
18 lawyers about.
0 19 The other area they're going to be going
-0 20
21
into is law. Each side always has certain laws that they
depend on for to represent their respective sides. They
0 22 may touch on a law that you don't agree with, that you
23 don't know if you could follow that law. This inevitably
0 24 happens when laws are being discussed with jurors.
0 25 I want to assure you, if we sat here and
DENISE C.PHILLIPS, CSR
f~/ OFFICIAL COURT REPORTER
-tj------ -- -~ ------------------------2--9.ZN-B-D-LSTR-I-eT-e01:T-RT-~----- ---------------~- -----------~-
D
n 10
O- 1 talked about the law long enough, we would come to a law
n
2 that each and every one of you would have a problem with.
3 Not all of you would have a problem with the same one, but
0 4
5
some one law that you personally would have a problem
following.
0 6 That is another thing you should tell the
7 lawyers. If they bring up a law you just don't think you
D 8 could follow, it's okay to say, "Judge, I just don't
D 9 believe I can follow that law if I'm on the jury." Be
10 sure and let them know that.
0 11 Keep your voice up. Our court reporter over
0 12
13
here, Denise Phillips, is trying to take down everything
you say and I say. Hold up your card when you begin to
0 14 answer questions. That's so that we can get your number
15 for the record. If the lawyer's standing between you and
0 16 the eyes of the court reporter where she can't see your
0 17 number, try to hold it out to the side.
18 We don't need for you to just hold it up the
0 19 entire time you're answering, because your arm will get
sore doing that. Just hold it long enough for her to see
0 20
21 it, for the lawyer to see it, call on you and then make
0 22 sure she can see it; and then, you can put your card down.
23 The -- the work that we're doing here is
0 24 very serious. We're looking for 12 jurors that can be
0 25 fair to both sides-of this case. If you've ever been the
DENISE C.PHILLIPS, CSR
\/ OFFICIAL COURT REPORTER
--8--- ---- ------------ ------------------------------2-7-2-N-8--8-I-S!F-R-I-G-T-GGHR.!:F----------------------- -----------
0
0 11
victim of a crime or were the close relative or a loved
D-- 1
2 one of somebody who was, I think you probably personally
Ll 3 understand and realize how important the criminal justice
B 4
5
system is because you've been down that path before.
On the other hand, if you've ever been
D- 6 wrongfully accused of a crime in your life or were close
7 to someone who was· and I assure you it does happen from
O 8 time to time, ladies and gentlemen -- you also know how
0 9 important our criminal justice is.
10 I am proud of the fact that we bring in
0 11 people like you to make these decisions. I'm a firm
(
0 12
13
believer in the jury system. We don't want to turn the
system over to lawyers, ladies and gentlemen. We'll mess
14 it up. As long as we're bringing in people like you off
15 the street to sit in that box and make decisions, we're
16 going to have a good brand of justice down here.
17 Thank you for coming today. At this point,
18 I'll turn it over to the lawyers. The State gets to go
19 first because they have the burden of proof. And each
Q 20
21
side will introduce their respective parties in the case.
Go right ahead, sir.
0 22 MR. CALVERT: Thank you, Judge.
23 VOIR DIRE EXAMINATION BY MR. CALVERT
0 24 MR. CALVERT: Good morning.
0 ·
25 VENIREPERSONS: Good morning.
DENISE C.PHILLIPS, CSR .
r/ OFFICIAL COURT REPORTER
-t;j---------------- ------------------------2-"l:imD-D-rSTR-rCT-·COURT-----:---------------- --·-------------
0
0 12
D 1 MR. CALVERT: That wasn't bad for a Tuesday
2 morning. My name is Ryan Calvert. I'm a prosecutor here
[J 3 at the District Attorney's Office in Brazos County. I
0 ·5
4 work for your elected D.A., Bill Turner.
with me this week is going to be Will Ward.
Trying the case
Will is
0 6 another Assistant D.A. here.
7 Right here is the Defendant in this case,
D 8 Mr. David Greer. And up here is the Defense attorney,
0 10
9 Mr. Earl Gray.
Does anybody o~t there know anybody up here?
-0 11 Yes, sir, who do you know?
0 12
13
VENIREPERSON NO. 4:
MR. CALVERT:
Mr. Greer.
You know Mr. Greer? Okay.
0 14 And you are Mr. Kelling?
15 VENIREPERSON NO. 4: Sparks.
0 16 MR. CALVERT: Oh, I apologize. Mr. Sparks.
0 17
18
How do you know Mr. Greer?
VENIREPERSON NO. 4: Mutual friend of the
D 19 family.
20 MR. CALVERT: How long have you known him?
0 21 VENIREPERSON NO. 4: Gosh, about 20 years.
0 22 MR. CALVERT: Long time. Okay. Fair to say
23 as a friend that you've known for 20 years, probably
0 24 couldn't be -- probably wouldn't be the most impartial or
0 25 objective juror on Mr. Greer's case?
DENISE C.PHILLIPS, CSR
Would that be fair?
rl OFFICIAL COURT REPORTER
--{;j--- ~-- -- ------------------ - ---------~ -~--- ----~-- ----~--------2~7--2-N-:9--fl-I-S-'1'-R-I-G-T--GE>BR'=.P----- --- -- ----- -----~----- ~-----~~------~---
0
D 13
0 1 VENIREPERSON NO. 4: Yes.
2 MR. CALVERT: Okay.
0 3 VENIREPERSON NO. 4: I wouldn't be
0 4
5
comfortable convicting him or not convicting him.
MR. CALVERT: I understand. I appreciate
0 6 that, Mr. Sparks.
7 Anybody else know anybody up here? Wow.
0 8 All right.
0 9 Yes, ma'am?
10 VENIREPERSON NO. 23: I know the attorney.
0 11 MR. CALVERT: You know Mr. Gray? You don't
0 12
_13
need to be shy about it.
He's a good guy.
It's okay to know Mr. Gray.
0 14 How do you know him?
15 VENIREPERSON NO. 23: My professor.
0 16 MR. CALVERT: He was your professor? Okay.
o-~- 17 And you're a paralegal; is that right? What type of work
18 do you do?
o 19 VENIREPERSON NO. 23: Real estate.
0 20
21
MR. CALVERT: All right.
court -- y'all come to court a lot and do a lot of the
So, you come to
0 22 jury trials, right? No, it's all paper, isn't it?
23 VENIREPERSON NO. 23: Uh-huh.
[] 24 MR. CALVERT: All right.
0 25 VENIREPERSON NO. 23:
DENISE C.PHILLIPS, CSR
Tom Geisenschlag,
n
-8---
OFFICIAL COURT REPORTER
---~--~~---- ----------~----------~-~~-----~-~-2-7-2-N-B-B-I-S-'P-R-I-e'I'~-eeUR-T------------------- ---~--~-----
n 14
Ll
1 Brazos County Abstract Company.
2 THE COURT: Let me have the lawyers come up
0 3 here just a minute.
4 (Bench conference:)
D 5 THE COURT: I've got a problem with No. 4.
D 6 Do you have any problem letting 4 go?
7 MR. CALVERT: That's fine, Judge.
0 8 MR. GRAY: No, that's fine.
0 9 (Bench proceedings concluded.)
10 THE COURT: Juror No. 4, I think we probably
0 11 need to let you go. And there's no use in keeping you
0 12
13
around all morning.
So, you can go, sir.
0 14 VENIREPERSON NO. 4: Okay. Thank you very
15 much.
0 16 THE COURT: You can leave the courtroom.
o- 17 Ladies and gentlemen, we're going to be
18 going here most of the morning; and I should have done
o 19 this before I turned it over to the State. I pardon this
0 20
21
interruption.
Both sides are going to be talking to you.
B 22 Each side is going to talk to you for about an hour, maybe
23 a little more, ask you questions. We'll be here for most
[} 24 of the morning, and we may even go into the noon hour.
0 25 So, here's the question I want to ask you:
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
_Q____ -- -- ----- ~- ----------------------~----------~-~2~-2-N-D-DI-S '1!-R-I-G-'I'~GGU-R-'I'----------~------------- -------------------
[}
n 15
8 1
2
How many of you would rather
r
just go ahead and work
through the noon hour and get through with this and get
0 3 out of here -- those of you who are not on the jury -- as
0 4
5
soon as we can? As opposed to the other option, and that
is, to take a lunch break, an hour and 15 minutes, come
0 6 back and get through later in the afternoon then you would
7 otherwise?
0 8 How many of you would rather just work on
0 9 through the noon hour and get through? Raise your hands.
10 (Show of hands.)
0 11 THE COURT: And how many of you would rather
12 take a noon break and come back later?
D 13 (Show of hands.)
0 14 THE COURT: All right. The Option 1s have
15 it; so, that's what we'll do.
0 16 Go right ahead, Mr. Calvert.
o-- 17 MR. CALVERT: Thank you, Judge.
18 All right. Ms. Henry, when was Earl your
D 19 professor? How long ago was that?
0 20
21
VENIREPERSON NO. 23:
MR. CALVERT: Okay.
Two years ago.
Is there anything about
0 22 the fact that he was your professor or that relationship
23 that's causing you to come in here biased in favor of him,
u 24 against him
0 25 VENIREPERSON NO. 23: I am friends with one
DENISE C.PHILLIPS, CSR
n
-bJ----·---·· --------
OFFICIAL COURT REPORTER
--~----·----------------2-'7-2-N:Q-:Q-I-S'I'-R-:tG--'I'--GGUR'I'~----------·- -------~----
0
D 16
0 1 of his paralegals.
2 MR. CALVERT: Okay. Is that something -- if
0 3 you're honest with me and honest with yourself, is that
4 something that would make you uncomfortable as a juror?
5 VENIREPERSON NO. 23: No.
6 THE COURT: Okay. so, you're good?
7 VENIREPERSON NO. 23: Yes.
8 MR. CALVERT: All right. Thank you, ma'am.
9 I appreciate it.
10 Anybody else that I missed know anybody up
11 here? I'm shocked after one person said, "Yeah, I know
12 somebody," and that person isn't here anymore, there's no
13 more.
14 Yes, ma'am?
15 VENIREPERSON NO. 1: I just know Mr. --
16 MR. CALVERT: You know Ernie?
17 VENIREPERSON NO. 1: A long time ago I used
18 to be a cashier at Kroger, but I just know him -- he was a
19 police guard of the store.
20 MR. CALVERT: Yes, ma'am. Anything about
21 that that is going to make you
22 VENIREPERSON NO. 1: No.
23 MR. CALVERT: All right. Very good.
24 Anybody have questions about anything before
25 we jump into some law? Anything y'all are curious about
DENISE C.PHILLIPS, CSR
0 17
o. 1 or wondering about right now? I know there are -- what's
2 the first question everybody always has in situations like
D 3 this? How long is this going to take, right? Heads are
0 4
5
nodding. Yes, that's my question.
Well, myself and Will in the next six to
0 6 eight weeks, we look forward to presenting this case to 12
7 of y'all. No, this is going to be-- it's going to be
0 8 pretty quick. Scheduling-wise here's how this is going to
0 9 go.
10 You asked the question about are we just
0 11 talking about jury selection? That's all we're going to
Q 12 do today. Okay. We're going to do this process today.
13 And it'll take most of the day.
0 14 Like the Judge said, I'm going to talk to
15 y'all for an hour, hour and 15, somewhere in there. When
0 16 I'm done, Earl will have a chance to talk to y'all. The
o- 17 good news is invariably because we go first, we always end
18 up going over stuff that they were going to go over so
o 19 usually -- no pressure, Earl -- but usually theirs doesn't
0 20
21
take quite as long as ours does because a lot of it would
be repetitive.
0 22 But we're going to get through that process
23 today; and then, the Judge will give y'all a fairly long
0 24 break, 20, 30 minutes, give us a change to make our
0 25 strikes, maybe talk to some of y'all individually; and
DENI$E C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0------ ·- ·---~--- -----------------------------~--2-'7-2-N-B~B-I-STR'I-eT--eeURT-------------------------- ~---------------
[J
")
ll 18
0 1 then, at the end of the day, we'll have a jury seated and
2 that will be what we'll do today.
0 3 We'll start tomorrow morning with the actual
D 4
5
evidence portion of the trial.
9:00 o'clock in the morning, 9:00, 9:30, somewhere in
We usually start around
n 6 there. And the Judge is real good about keeping business
7 hours, try to break as close to 5:00 o'clock at the end of
0 8 the day as we can. And I think this case will probably
0 9 there's an outside chance it could be over tomorrow, or it
10 might·bleed into Thursday. I don't think it will go any
0 11 past that. All right?
0 12
13 last week or I
I almost made a mistake.
guess two weeks ago, and
We were in trial
I was doing this
0 14 part of the trial. And I made the comment that somebody
15 said they had nonrefundable plane tickets Thursday of the
0 16 next week, which was last week; and I said, "Man, if we're
0 17 still here Thursday of next week, something has gone
18 horribly, horribly wrong." And, boy, we almost made it.
D 19 We made it until late Tuesday night -- probably should
0 20
21
have gone into Wednesday, but I was getting nervous.
This one isn't going to take that long, but
0 22 it is very important.
23 So, that's kind of what the schedule is
0 24 going to look like for the rest of the day. Is there
-o 25 anybody that has, like, nonrefundable plane tickets
DENISE C.PHILLIPS, CSR
-0--~-- -- - - ------- ---------------------------~~-~-~-~~~~-I-~~~-~~T~~-~~~~E~---··-----------·---------- ----- ______..._- -------------------·
0
[l 19
n_
";'"J
1 tomorrow or the next day going to Hawaii or anything like
2 that?
0 3 VENIREPERSON NO. 8: Not necessarily
B 4
5
nonrefundable, but I'm leaving the state Thursday and
Friday.
0 6 MR. CALVERT: Thursday and Friday?
7 VENIREPERSON NO. 8: Correct.
0 8 MR. CALVERT: Is that for work?
0 9 VENIREPERSON NO. 8: For work.
10 MR. CALVERT: Okay. If -- let me ask you
0 11 this: If this trial were still going, is that something
0 12
13
that would be a real hardship on you if you were no~ able
to go?
D 14 VENIRE PERSON NO.·- 8: , It's -- I'm the main
15 assistant, and I have to go.
0 16 MR. CALVERT: You have to go.
-o-- 17 VENIREPERSON NO. 8: Yes.
18 MR. CALVERT: Okay. Obviously, if something
io 19 were to happen and you couldn't go, is that something that
20 would be a distraction to you, the fact that you're not
0 21 going on this trip that you have to go on?
0 22 VENIREPERSON NO. 8: I mean, if -- if -- it
23 could be, yeah.
0 24 MR. CALVERT: Okay. All right. And you're
0 25 a -- is it Mr. Schlechte?
DENISE C.PHILLIPS, CSR
({ . . OFFICIAL COURT REPORTER
·-bi--· ----·----·------ -·-------~----~---~----~Q-7-2-N-B-B-I-S-'F-R-I-G-'P--GGT:TRT-------------~----- ----------------
u
0 20
[1 1 VENIREPERSON NO. 8: Yes.
2 MR. CALVERT: Did I say that correctly?
n
\_, 3 VENIREPERSON NO. 8: Yes.
0 4
5
MR. CALVERT:
VENIREPERSON NO. 8:
What type of work do you do?
Accident
0 6 reconstruction.
7 MR. CALVERT: Who do you work for?
D 8 VENIREPERSON NO. 8: James Locke.
u 10
9 MR. CALVERT:
primarily for attorneys or what?
Okay. And do y'all work
0 11 VENIREPERSON NO. 8: Correct.
0 12
13
MR. CALVERT:
y'all do work for criminal lawyers or what?
Insurance companies, or do
D 14 VENIREPERSON NO. 8: A little bit of
15 everything.
0 16 MR. CALVERT: Okay. Okay. How long have
o--- 17 you been doing that?
18 VENIREPERSON NO. 8: Four years.
o 19 THE COURT: All right. Very good.
u 20
21
VENIREPERSON NO. 8:
it's important, but we had a former employee that the D.A.
And I don't know if
D 22 is investigating.
23 MR. CALVERT: Oh, okay. Well, let's talk
0 24 about that. How do you feel about that?
0 25 VENIREPERSON NO. 8: I'm not too happy about
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
-0----- - ------- - ----------- ---------- ----- -- --- --------- --2-/2-ND-D-J:-S TR-I-CT-COURT ____ ----- -------- -- ----- -- ----- ----- ----------
0
0 21
fl
-:I
1 it.
2 MR. CALVERT: Not too happy with our office?
0 3 VENIREPERSON NO. 8: No, with her.
B 4
5 happy with our office?
MR. CALVERT: Oh, okay.
I like your attitude, Mr.
So, you're very
0 6 Schlechte.
7 VENIREPERSON NO. 8: Yes.
D 8 MR. CALVERT: Is there anything about that
·o 9 .situation besides the fact that our office is currently
10 investigating somebody that you used to work with that
0 11 would affect you in any way in this case as a juror?
0 12
13
VENIREPERSON NO. 8:
MR. CALVERT: Okay.
Only towards her.
Very good. I don't
0 14 think she's going to be involved in this case, but I
15 appreciate it.
0 16 VENIREPERSON NO. 8: No.
·n··- 17 MR. CALVERT: All right. Any other
18 questions about anything before we kick off?
~ 19 What's the second the first question is
20 always how long is this going to take? The second
D 21 question is always what? What is this case about, right?
u 22
23
And what's the one thing we can't tell you at this point?
What is this case about? We're not allowed at this point
D 24 to go into what this specific case is about, what the
0 25 facts of this case are. If you think about that, that
DENISE C.PHILLIPS, CSR
r1 OFFICIAL COURT REPORTER
-}:j--- --- ---- _____:_ ____________ -----------------------------------2-9-2-ND-B·I-STR-I-eT--eeURT----------------------------------- -------------·------------.--
0
f} 22
(l 1 makes sense.
n 2 It would not be fair to Mr. Greer if I could
v 3 get up here and go, "All right. We have X fact, Y fact
0
-/
4
5
and z fact.
can stick around.
What would you do? I like that answer.
You, nope, I don't think I like that
You
0 6 one. You're gone," and so on and so on.
7 We can't do that. Okay? So, if it seems to
0 8 y'all that myself or Earl are speaking in very broad terms
(1 9 and in general terms, in hypothetical terms, it's because
L1
10 that's exactly what we're doing because that's what the
0 11 law requires of us at this point. All right?
Let me'ask y'all this: Let's go back to
0 12
13 high school, high school civics. This is a criminal case.
D 14 How many of y'all watch the law shows on TV? I know more
15 people than that watch the law shows. That's all that's
0 16 on TV now, right? You can't turn the TV on without a law
-n--- 17 show being on.
18 In a criminal case, who has the burden of
0 19 proof, me or them?
20 VENIREPERSONS: You.
0 21 MR. CALVERT: We do, Ryan and Will. Always,
D 22 always, always. The burden of proof is here with the
23 State. It never, never shifts over here. As he sits here
0 24 right now, Mr. Greer is what?
0 25 VENIREPERSONS: Innocent.
DENISE C.PHILLIPS, CSR
n OFFICIAL COURT REPORTER
--}:j----- ------- ------------ -·----------------------------- ---------2-7--2N-B--B-I-S-TR-I-ET-e0HRT---------------------- --------------------- --
.
23
fl
D 1 MR. CALVERT: Innocent. And he stays
2 innocent until when?
[J 3 VENIREPERSONS: Proven guilty.
u 4
5
MR .. CALVERT:
VENIREPERSONS:
Until proven guilty by who?
By you.
0 6 MR. CALVERT: By Ryan and Will, right?
7 Okay. Now, those of you that watch the law
·o 8 shows, what's the burden of proof in a criminal case?
0 9 Proof beyond a?
10 VENIREPERSONS: Reasonable doubt.
0 11 MR. CALVERT.: Y'all are good. Usually I
0 12
13
trick somebody up, and they go,
because that's what I saw on TV.
"shadow of a doubt,"
0 .14 Okay. We're going to talk about that ~n a
15 minute. But let's talk for a minute about what that
D 16 means, what the burden of proof means and what
- ----~..-- ---- -- --------------·-·---·-- ----·--- ---· ----·--------------------------- ----t- .__ _
0 17
18
specifically we have to prove.
The Legislature in this big old fat book
0 19 right here has defined each and every crime in the State
0' 20
21
of Texas.
are called elements.
And the way they define crimes are through what
Element are just specific factual
D 22 things that Ryan and Will have to prove. And if we prove
23 each element of the offense to the jury beyond a
0 24 reasonable doubt, the jury is required by law to come back
D 25 with what verdict?
DENISE C.PHILLIPS, CSR
_g ~--- ~- ----·-------- ~~ -----~------------------~~~~~~~~I~~~~~T~~~~~~~!:-~- - ~-- --~--- - --~--~~--~- --~---------------~-
0
r'
J
24
1 VENIREPERSONS: Guilty~
2 MR. CALVERT: Guilty, right? If we fail to
3 prove any element of the offense, the jury is required by
4 law to come back with what verdict?
5 VENIREPERSONS: Not guilty.
6 MR. CALVERT: Not guilty, right? Everybody
7 with me?
8 Like the Judge said, in this case, Mr. Greer
9 is charged with unlawful possession of a firearm by a
10 felon. These are the elements of that offense. These are
0 11 the specific things that we have to prove.
12 One, the defendant, we have to prove that
[J the person on trial is actually the same person that
13
0 14 committed the offense. Two, has been convicted of a
15 felony and possessed a firearm. Okay?
0 16 That's kind of a bare-bones outline. That's
0 17
18
the elements of unlawful possession of a firearm by,a
felon in Texas.
Q 19 Now, we're lawyers; and so, for lawyers,
20 nothing is ever this simple, right? We have to have long
0 21 definitions and stuff. The possession of a firearm has to
0 22
23
be within five years of the defendant's release from
either confinement or parole, whichever is later. All
0 24 right?
0 25 So, if somebody is convicted of a felony and
DENISE C.PHILLIPS, CSR
n OFFICIAL COURT REPORTER
-t::J-------- ------------- -----------------------2·7-:~m-:E>--:E>-:r-s TR-:teT-eOURT------------------------------ ------------------
0
n 25
they go to prison and they're in prison for five years and
0-- 1
2 then they're on parole for another ten after that, the
D 3 possession has to be within five years of the time they
0 4
5
get off of parole.
MR. GRAY:
Does that make sense? All right.
Judge, my only objection would be
n 6
7
there's also the rest of it entails probation as well.
MR. CALVERT: Well, it does, Judge --
0 8 MR. GRAY: Parole and probation.
0 9 MR. CALVERT: Yeah.
10 MR. GRAY: That's the entire definition.
·o 11 MR. CALVERT: It is, Judgei but I'm only
0 12
13
talking about the portions of the law that would be
relevant in the case.
0 14 MR. GRAY: Well, then, Judge, I would
15 object --
0 16 THE COURT: Come on up.
-rJ ~-- --. -
17
- ~. ----
MR. GRAY: -- that's a Standifer objection.
18 THE COURT: Come on up here.
0 19 (Bench proceed~ngs:)
0 20
21
THE COURT:
about on probation now.
Tell me what you're talking
What's the law on that?
'0 22 MR. GRAY: Well, the way the Penal Code
23 reads, it's five years after discharge from the
0 24 penitentiary or parole or probation. They left out the
0 25 probation part.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
1J
- --------------------- --------~------------~-----2-7-2-ND--D-I-£~R-I-G--'T-GGU-R--'T----------~------------------ -------------~--
0
0 26
D 1 THE COURT: Is he one of those or not?
2 MR. CALVERT: No, he doesn't qualify.
0 3 MR. GRAY: But in commenting on that, I
would object under Standifer, Judge, he's basically now
0 4
5 committing the jury panel to the fact that he's either in
f] 6 prison, which he isn'ti so, he's on parole. So, we're
7 getting into the facts of the case.
0 8 THE COURT: He's on parole?
0 9 MR. CALVERT: It's an element of the offense
10 that we have to -- I'm going over the elements of the
D 11 offense.
0 12
13
THE COURT:
release from confinement?
Okay. So, you're going under
D 14 MR. CALVERT: No, no, no, it's release from
15 confinement, penitentiary or release -- discharge from
0 16 parole.
a- 17 THE COURT: Which is applicable in this
18 case?
o 19
20
MR. CALVERT: He's still on parole.
MR. GRAY: Still on parole.
0 21 THE COURT: How are you prosecuting if he's
'0 22 still on parole because that would be five years after?
23 MR. CALVERT: No, no, it has to be within
0 24 while you're still on supervision or --
0 25 THE COURT:
DENISE C.PHILLIPS, CSR
Okay.
OFFICIAL COURT REPORTER
!0------ ----- --··---------------- ---2-7-'2-N-B-B-I-S-T-R-I-G-T-G0l:JRT-------------·----------------- ------- --···-·---·- -----------
0
0 27
1 (Bench proceedings concluded.)
D--
2 THE COURT: All right. I'm going to
O 3 overrule the objection.
MR. CALVERT: All right. Let's talk about
0 4
5 what some of these words mean. Possession -- where's my
0 6 chart.
7 Ms. -- I would pick a hard one right up
0 8 front. Is it Galimbertti?
0 9 VENIREPERSON NO. 15: (Nods head.)
10 MR. CALVERT: Did I say that correctly?
0 11 VENIREPERSON NO. 15: Close enough.
MR. CALVERT: All right. Close enough
Q, 12
13 anyway?
01 14 VENIREPERSON NO. 15: Yes.
n 15
16 mean to you?
MR. CALVERT: Possession, what does that
What does it mean to possess something?
,u-· 17 VENIREPERSON NO. 15: That you have it.
18 MR. CALVERT: That you have it. Okay.
0 :-- 19 Ms. Blair, how about you? What do you
g· 20 think?
21 VENIREPERSON NO. 14: In your hands.
D 22
23
MR. CALVERT:
All right.
In your hands.
Is it Dr. Schlitter?
D 24 VENIREPERSON NO. 13: Yes.
0 25 MR. CALVERT: Dr. Schlitter, what do you
DENISE C.PHILLIPS, CSR
-·Q
. · OFFICIAL COURT REPORTER
-------- . ___ --·-·- --------·-----------------2-7-2NB--B-I-S-'I'R-I-e-T-e0l:JRT-----------------·----- --------------------
, I .
28
1 think, that word possession? What does it mean to possess
2 something?
3 VENIREPERSON NO. 13: If you have it under
4 your control.
5 MR. CALVERT: Okay. Under your control.
6 And what -- you were a professor, correct?
7 VENIREPERSON NO. 13: Yes.
8 MR. CALVERT: And what did you teach?
9 VENIREPERSON NO. 13: Biology.
10 MR. CALVERT: Biology?
11 VENIREPERSON NO. 13: Yes.
12 THE COURT: Thank you, ma'am.
13 Ms. Bernal, what do you think? Possession,
14 what does that word mean to you?
15 VENIREPERSON NO. 12: To have something;
16 MR. CALVERT: To have something. All right.
17 Mr. -- is it Slovak?
18 VENIREPERSON NO. 11: Yes.
19 MR. CALVERT: What do you think, sir?
\
. 20 VENIREPERSON NO. 11: Well, it doesn't say
21 ownership, so I would think possession means within your
22 control.
23 MR. CALVERT: Okay. Very good. It doesn't
24 say ownership, right? That's exactly right. Okay.
25 Mr. -- is it Dr. Smith?
DENISE C.PHILLIPS, CSR
\" OFFICIAL COURT REPORTER
\-- --- --- -- --- -- ----------- -------------;---272ND-DISTRICT-COURT ___________ ---------- ----------- -------------------
l 29
J
1 VENIREPERSON NO. 10: No.
2 THE COURT: Mr. Smith, you're a professor as
3 well, right?
4 VENIREPERSON NO. 10: Yes.
5 MR. CALVERT: What do you teach?
6 VENIREPERSON NO. 10: History, American
7 History.
8 MR. CALVERT: Okay . . What do you think
9 possession means?
10 VENIREPERSON NO .. 10: I would say it's
.,
nJ•
11 control but not ownership .
12 . ~R. CALVERT: All right. Y'all are exactly
13.- right. Okay. Possession is one of these words that is
14 legally defined in Texas. And the legal definition of
), 15 possession is care, custody, control, like y'all said, or
a
16 management. Any one o-f those things. Okay?
17 Now, Ms. Blair, you said in your hand,
18 right?
19 VENIREPERSON NO. 14: Uh-huh.
20 MR. CALVERT: Are you possessing that No. 14
21 right now?
22 VENIREPERSON NO. 14: Yes.
23 MR. CALVERT: Yeah. ·Because it's in your
24 hand, right?
25 VENIREPERSON NO. 14: Uh-huh.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
--------- ---------------------------2?2-ND-nT-STRTCT-COURT ______ --------------- ---------------
30
~ 1 MR. CALVERT: Is your purse in your hand?
J
2 Do you have a purse with you today?
3 VENIRE PERSON NO. 14: I do.
4 MR. CALVERT: Are you possessing that purse
5 right now?
J 6 VENIRE PERSON NO. 14: Yes.
7 MR. CALVERT: Why? It's not in your hand?
}
8 VENIRE PERSON NO. 14: It's close enough to
9 me.
10 MR. CALVERT: Okay.
} 11 VENIRE PERSON NO. 14: It's in my hand in a
} 12 split second.
13 MR. CALVERT: Okay. Very good. Is this
14 yours, Will? I walked off with Will's pen.
15 This is -- this is my pen. I stole it from
16 Will. Will you hold that for me?
17 VENIREPERSON NO. 12: Yes.
18 MR. CALVERT: Thank you. I want you to hold
:]
1 19 that for me, but don't give it away or anything. I'm
20 going to need it back later. Okay?
21 VENIREPERSON NO. 12: Okay.
22 MR. CALVERT: Okay. Thanks. Just hang on
23 to it for me.
24 Ms. -- is it Nieto?
25 VENIREPERSON NO. 2: Uh-huh.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
}'~~- -~--~- ----~-----------~- --2-7-2N-D-D-I-£~-RI~G~-GOUR'I'-~-----~~-~------~-~- ----~---
31
\ 1 MR. CALVERT: Did I say that correctly?
j --
2 VENIREPERSON NO. 2: Yes.
(
3 MR. CALVERT: All right. I just gave her
4 that pen to hold for me, but I'm going to get it back
1
5 later. Okay?
~ 6 VENIREPERSON NO. 2: Okay.
7 MR. CALVERT: Is she possessing that pen
}
8 right now?
9 VENIRE PERSON NO. 2 : At the moment, yes.
1
10 MR. CALVERT: Yeah. Why?
~
i
11 VENIRE PERSON NO. 2: Because you gave it to
her to hold on to.
} 12
13 MR. CALVERT: Yeah. Am I possessing it?
} 14 VENIRE PERSON NO. 2: No.
15 MR. CALVERT: Anybody think otherwise? Oh,
~ 16 I see a head nodding back here. Is it Ms. -- help me.
~ 17 VENIREPERSON NO. 42: Ford.
18 MR. CALVERT: Ms. Ford.· Ms . Ford, you're
~ 19 hiding back there, Ms. Ford. You say I am still
possessing it. Why?
~
20
21 VENIREPERSON NO. 42: Because it's yours,
~ 22 and you intend to get it back from her.
23 MR. CALVERT: Yeah. Okay. What do you
~ 24 think about, Mr. Davis?
]
25 VENIREPERSON NO. 41: I think that's
DENISE C.PHILLIPS, CSR
~ OFFICIAL COURT REPORTER
~---~---------- -----------------------------2-72 ND-DI S'I'-R-IC'I'-COUR'I'----------------~----- -----------~--
J
32
] 1 correct.
2 MR. CALVERT: You think that's correct.
J 3 What do you think is it Mr. Irvin?
4 VENIREPERSON NO. 33: Yes.
]
5 MR. CALVERT: What do you think? They say
lu 6 I'm possessing that right now. I'm not even touching it,
7 man. She's got it over there. Why am I possessing it?
}
8 What do you think?
~ 9 VENIREPERSON NO. 33: Because you gave her
J
10 instructions that it remain in her possession and to
J 11 return it to you.
12 MR. CALVERT: Okay.
J
13 THE REPORTER: What number are you, sir?
J 14 MR. CALVERT: Okay. I'm sorry. Mr. Irvin,
15 No. 33, right? AS opposed to the other Mr. Irvin who was
J 16 No. 88.
17 Okay._ Mr. -- let's go down that row.
J
18 Mr. Moore, what do you think about that? Am
J 19 I possessing that pen?
20 VENIREPERSON NO. 30: You still have it. I
J
21 say you still have control and management over it.
22 MR. CALVERT: Okay. Okay.
·J
23 What do you think, Mr. Masterson?
~ 24 VENIREPERSON NO. 35: I think that you are
~ 25 no longer possessing it.
DENISE C.PHILLIPS, CSR
~--
OFFICIAL COURT REPORTER
· · - - · - --------~------ ----~------222ND-DTS.TRICT-COURT--~--~--------·-- ·---~----
l
j
33
l 1 MR. CALVERT: Okay. Tell me why.
2 VENIREPERSON NO. 35: Because she now has
3 the care and management of it until she gives it back to
4 you.
5 MR. CALVERT: All right. What do you think,
6 Ms. -- is it Strickman?
7 VENIREPERSON NO. 36: Steckman.
8 MR. CALVERT: Steckman. I apologize. What
l 9 do you think, ma'am? I mean, you're No. 36; is that
10 right?
J 11 VENIREPERSON NO. 36: Yes.
12 MR. CALVERT: Okay.
J
13 VENIREPERSON NO. 36: The pen would belong
14 to you, but you have no control over it right now because
15 it is in her possession and whatever she does with it,
16 it's her fault.
17 MR. CALVERT: Okay. Let's go forward.
18 Mr. -- is it Mr. Hernandez, No. 19, what do
19 you think, Mr. Hernandez?
20 VENIREPERSON NO. 19: I say she has
J
21 possession of it.
22 MR. CALVERT: She does, clearly. Does
23 anybody in here dispute that she has possession? You're
24 not disputing you possess my pen, right?
25 VENIREPERSON NO. 12: No.
DENISE C.PHILLIPS, CSR
J___________ -------------------0-~-~~-~-~A~~~~~~~~ R~~~~;ER _____________ ,________
J
34
1 1 MR. CALVERT: Okay. Don't throw it away or
2 anything.
J 3 No question she has possession. But what do
~
4 you think? Can she possess it and I possess it? Is that
5 possible? What do you think, Mr. Hernandez? Can two
~ 6 people or three people or 20 people possess the same thing
7 at the same time?
J VENIREPERSON NO. 19: I would say no.
8
9 MR. CALVERT: You would say no. Okay. What
J
10 do you think? Let's go right down that row. What do you
J 11 think, Ms. -- you're going to have to help me with this
12 one.
J
13 VENIREPERSON NO. 18: Defrancesco.
~ .
' 14 MR. CALVERT: That's exactly what I was
15 going to say. What do you think, Ms. Defrancesco?
J 16 VENIREPERSON NO. 18: I don't think you have
17 possession of it. You don't have control over it.
J
18 MR. CALVERT: Okay. Yes, sir. What do you
J 19 think? Were you holding up your hand?
20 VENIREPERSON NO. 11: Well, I do have a
J
21 question about it.
~ 22 MR. CALVERT: Yeah.
23 VENIREPERSON NO. 11: What about the reason
24 for giving it away? Is -- what if the reason for giving
] 25 it away is because I'm not supposed to have it.
DENISE C.PHILLIPS, CSR
~~..~-~- ---- -----~--~~~~~--~0~.~~~-~-~~~~~~~-~~T~~~~-~~E~---~-------
35
J
1 MR. CALVERT: Okay. How does that work?
l--
2 Tell me what you're thinking. Flesh that out for me.
J 3 What are you thinking?
4 VENIREPERSON NO. 11: If I'm not supposed to
J
5 be in possession of something, so I give it away to
l 6 somebody else, I don't have it anymore.
7 MR. CALVERT: This is not a box of Kleenex.
J
8 I know it looks like one. But it's not. It's a kilo of
9 cocaine. Okay? I don't want that. Here you take it.
J
10 I'm not supposed to have that, right? And you're, like,
J 11 wait, no, I don't want that either. I'll take it.
12 I knew what this was, right? Okay. I knew
J
13 what this was, and I had this -- you bring up an
J 14 interesting point. If you legally, are you in_
15 possession of something-- let's -- let's do this a little
~ 16 bit different. What your name, ma'am?
~ 17 VENIREPERSON NO. 3: Marilyn Mathis.
18 MR. CALVERT: Marilyn, let's say on a break
~ 19 you leave the courtroom; and you leave your purse. You've
20 got a big red bag down there_. You leave your purse here,
J
21 and I take some methamphetamine that we have back there in
~ 22 the evidence deal, and I put it in your purse while you're
23 out there. Okay? You don't know that this has happened.
J
24 All right?
25 VENIREPERSON NO. 3: Uh-huh.
DENISE C.PHILLIPS, CSR
~---:~---
OFFICIAL COURT REPORTER
--------------------
------·~-------------------2-7-2N-B-DI~STR-I-CT-C0URT---------------------
,
J
36
1
1 MR. CALVERT: And you come back in and you
l--
2 leave for the day and take your bag with you. Are you
l 3 exercising, custody, control or management over that
4 methamphetamine?
J
5 VENIREPERSON NO. 3: Evidently, but that
J 6 ain't going to happen. I'm not leaving my purse.
7 MR. CALVERT: Well, a wise policy for sure.
~
J
8 But what do you think? Let's say that happened. Are you
9 in possession of the methamphetamine?
J
10 VENIREPERSON NO. 3~ Sadly, yes.
J 11 MR. CALVERT: Yeah, you are. Under those
12 circumstances, though, would you be committing a crime?
J
13 It is illegal to possess methamphetamine except you have
J 14 to know you're possessing it, right? And that kind of
15 gets to what you're talking about, Mr. Slovak, right?
J 16 VENIREPERSON NO. 11: Yes.
17 MR. CALVERT: In order to possess something
J
18 and it be a crime to possess it, you have to be aware of
j 19 your possession of it for a long enough period that you
20 could have terminated your control over it at any point.
J
21 For example, if you are ~- you go to get
J 22 your keys and you find a little Baggie of meth and you go,
23 "Good Lord, this is a Baggie of meth;" and there's a cop
J 24 standing there; and you go, "Officer, I just found this in
25 my bag. I think somebody planted it in here." At that
DENISE C.PHILLIPS, CSR
L-- ------ ---------~--~~~~~~~~~-~~~~-~~T~~~~~~-E-R----------------1-----------
[} 37
0 1 point, you haven't committed a crime. You actually did
2 exercise care, custody, control or management over the
0 3 meth. Okay? But that wouldn~t have been illegal because
0 4
5
as soon as you knew about it, you're getting rid of it,
right?
0 6 Does that make sense? Does that kind of get
7 to what you were talking about?
0 8 VENIREPERSON NO. 11: Well, I'd be
0 9 interested in the question about, well, at what point did
10 someone get possession?
0 11 MR. CALVERT: Sure.
0 12
13
VENIREPERSON NO. 11:
they found -- when they knew that they weren't supposed to
And did they -- when
0 14 have it, did they take steps to get rid of it?
15 MR. CALVERT: Okay. So, what you're talking
0 16 about is let's say instead of when she discovers the
0 17 methamphetamine finding the nearest officer and going,
18 "Officer, I just found this," she takes it home and says,
0 19 "Look what I found in my purse?"
0 20
21 think?
Is that a different scenario?
Is she probably committing a crime at that point
What do you
0 22 by possessing that methamphetamine?
23 VENIREPERSON NO. 11: I don't know. I'd
0 24 want to hear that argument.
0 25 MR. CALVERT: Okay.
DENISE C.PHILLIPS, CSR
Well, what do you
0.1 OFFICIAL COURT REPORTER
---- --· -- ----- ---------- --------- ----------------~2-7-2ND--D±£'I'RI-G~--GGUR-'I'-----·----·-- ---~.--------- --···-----------
0
n 38
D- 1 think? Make the argument. What do you think? She's
2 known about it for --
0 3 VENIREPERSON NO. 11: I don't know all the
0 4
5
details of the circumstances.
MR. CALVERT: Okay.
0 6 VENIREPERSON NO. 11: I'd need to know more.
7 MR. CALVERT: Okay. What do you think? Are
0 8 you committing a crime by taking that meth home and
0 9 VENIREPERSON NO. 3: Well, I wouldn't know
10 what it looked like, so I don't know.
0 11 MR. CALVERT: That's good. What do you
0 12
13
think, Mr. Cessna?
VENIREPERSON NO. 6: Well, I think that if
0 14 she knowingly possessed it, then she'd be a liability.
15 MR. CALVERT: Okay. Ms. is it Manchi?
0 16 VENIREPERSON NO. 7: Manchi.
0 17
18
MR. CALVERT:
what do you think?
Manchi. Okay. Ms. Manchi,
Do you agree with Mr. Cessna that if
0 19 she knows about it and she continues to possess it, at
20 that point, she's committirrg the offense? Do you agree?
0 21 VENIREPERSON NO. 7: Yes.
0 22 MR. CALVERT: Okay. What do you think,
23 Mr. -- Ms. Welsh? Where are you, Ms. Welsh? There you
0 24 are.
0 25 VENIREPERSON NO. 9: I think whenever
DENISE C.PHILLIPS, CSR
.0 ---- ----- OFFICIAL COURT REPORTER
---------·-----2-7-2-NE>-El±S'I'-R-I-~-'F-GGUR.!:.F--------------
D
0 39
0- 1 something is knowingly done, then, yes, that's when it
2 ·revolves into a crime.
0 3 MR. CALVERT: Okay. Y'all are right. Y'all
0 4
5
are right. And that's the law. Okay. That's the law.
If you are aware of your possession of something for a
0 6 long enough period of time that you could have terminated
7 your control over ·it and you continue to possess it, at
0 8 that point, you're guilty of the offense of possessing,
0 9 whether it's dope or whatever. Does that make sense?
10 Any questions about that? Now, one of the
0 11 cool things about my job is I get to talk to a lot of
0 12
13
folks.
that.
And a lot of people, say, "You know, Ryan, I get
I get what the law is; but for me, personally, I
0 14 couldn't find somebody guilty. I couldn't convict
15 somebody of a felony as a juror unless it's like in their
0 16 hands or on their person," right? "I mean, that's just
0 .17
18
me. I couldn't do it."
And a lot of folks feel that way, and
0 19 there's nothing wrong with feeling that way. But who kind
of thinks that way? Because there's a lot of people when
0 20
21 they hear the word "possession," they think kind of
B 22 like we heard from Ms. Blair, in your hand, in your
23 pocket, in your purse, right? That was the first thought
0 24 that went into your head.
0 25 I mean, how do you feel about that?
DENISE C.PHILLIPS, CSR
Do you
Q_________________________ ·-----0~-~~~~~~T~-~~~~T~~~-~~~-ER----------------~ ------------
0
40
1 think it's fair to -- that somebody could be convicted of
2 possessing something that literally is not on their
3 person, that's not in their hands? Are you okay with
4 that?
5 VENIREPERSON NO. 14: I think if you do~'t
6 have control at that point, somebody else could have put
7 it somewhere without you knowing it; then, I don't think
8 you should be in trouble for that. Like her, if she
9 wouldn't -- I wouldn't know what it looks like either; but
10 if somebody put it in there and she walked off and then
11 two weeks later she went through her big purse and found
12 it, you know, I don't think she should be the one getting
13 in trouble for it.
14 MR. CALVERT: Okay. What do you think,
15 Ms. -- is it Steckman? Did I say your name right?
16 VENIREPERSON NO. 36: Yes, Steckman.
17 MR. CALVERT: Steckman. Okay.
18 Ms. Steckman, what do you think? Are you okay with the
19 notion that somebody can possess something that is not
20 physically in their hand or on their person? How do you
21 feel about that?
22 VENIREPERSON NO. 36: Oh, definitely.
23 MR. CALVERT: But why? Why do you say that?
24 VENIREPERSON NO. 36: Because he could
25 have -- he or she could have it, like, on -- in the car,
DENISE C.PHILLIPS, CSR
0 41
D 1 in their house.
2 MR. CALVERT: Okay.
rJ 3 VENIREPERSON NO. 36: And to me, you could
0 4
5
possess it.
MR. CALVERT: Okay. Mr. Arias, what do you
0 6 think about that?
7 VENIREPERSON NO. 37: I agree. You can
D 8 have -- you know, I have tools in my truck right now.
0 9
10
. They're clearly in my possession.
MR. CALVERT: Did -- you drove your truck to
0 11 the courthouse today?
0 12
13
VENIREPERSON NO. 37:
MR. CALVERT:
Yes, sir.
It's parked out in the parking
0 14 lot?
15 VENIREPERSON NO. 37: Yes, sir.
0 16 MR. CALVERT: You didn't bring your tools
0 17
18
into the courtroom, did you?
VENIREPERSON NO. 37: No, sir.
0 19 MR. CALVERT: Okay. And you said those
0 20
21
tools, even though they're in your vehicle, they're in
your possession, right?
0 22 VENIREPERSON NO. 37: Yes, sir, they are.
23 MR. CALVERT: Why? Why do you think so?
0 24 VENIREPERSON NO. 37: Because they're under
0 25 my care. I can manage those tools.
DENISE C.PHILLIPS, CSR
-8----- ____ ·--··------------------~~-~~~~A~T~~~~~/~-~~g~~ER ----------·----•---------
0
0 42
n. 1 MR. CALVERT: Okay. Very good.
2 What do you think about that, Mr. -- let's
D 3 keep going down that row. Is it Mr. Pfitzer?
0 4
5
VENIREPERSON NO. 38:
with the previous gentleman's statement.
Yes, sir. I agree
0 6 MR. CALVERT: Okay. So, you agree that his
7 tools are in his truck. They're not even in the same
0 8 building as him, but he's saying they're still in his
0 9 possession, right?
10 VENIREPERSON NO. 38: They're in his
0 11 vehicle.
0 12
13 with him in being in possession
MR. CALVERT: Okay. And you're comfortable
saying that he's in
0 14 possession of those even though they're in his vehicle in
15 another part of the
0 16 VENIREPERSON NO. 38: I am.
0 17
18 think?
MR. CALVERT: Okay. Ms. Nelson, what do you
0 19 VENIREPERSON NO. 39: I think he put them in
0 20
21
his vehicle. He parked his vehicle.
possession, and nobody got him to do it.
They're in his
0 22 MR. CALVERT: All right. Mr. Cobos, what do
23 you .think about that?
0 24 VENIREPERSON NO. 16: I agree.
0 25 MR. CALVERT: Okay. Are you comfortable
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
-U---- ---- ---------- -----------------------------~- -----------2 72 ND-DTS TRICT-COURT____________ --- -------- -- -- ---------
0
0 43
0 1 with that, that if something's in your vehicle or in your
2 home or something, it's in an area that you control, that
0 3 you are in possession of that? Are you okay with that
0 4
5
notion?
VENIREPERSON NO. 16: Uh-huh.
0 6 MR. CALVERT: All right. How about you,
7 Mr. Holt?
0 8 VENIREPERSON NO. 17: Yes, I agree with
0 9
10
that.
MR. CALVERT: All right. Ms. -- is it
0 11 Albernaz? Did I say that right?
12 VENIREPERSON NO. 46: Yes.
0 13 MR. CALVERT: All right. What do you think
0 14 about that?
15 VENIREPERSON NO. 46: I agree.
0 16 MR. CALVERT: Who feels the other way? You
0 17
18
know, a lot of folks do. They feel like,
couldn't convict somebody of a felony unless
"Yeah, I
i~'s like on
0 19 them, in their pocket, in their hand."
20 What do you think about that, Ms. Blair?
0 21 VENIREPERSON NO. 14: Well, his tools ·are in
0 22 his truck in the parking garage. What if somebody walks
23 by and drops something in the bed of that pickup truck?
0 24 MR. CALVERT: That's a good
0 25 VENIREPERSON NO. 14: Is he still in -- you
DENISE C.PHILLIPS, CSR
D- OFFICIAL COURT REPORTER
- -~---- ------------ -----------2-7-2N-D-I)-I-S'I'-R-I-G-T-GGUR'I'-- ----------------~- ----~-------~
O
rl~J 44
0 1 know, are you in possession then?
2 MR. CALVERT: Well, and again, this is where
0 3 we get into two different things. Is he in possession in
0 4
5
that he has care, custody or control over whatever item
you•re talking about? Say it•s a drug, right? Would he
0 6 have care, custody, control or management over those
7 drugs?
0 8 VENIREPERSON NO. 14: Right.
fJ 9 MR. CALVERT: Would he? Yes. But would
10 that be a crime? No. And the reason is why?
0 11 VENIREPERSON NO. 8: Because he doesn•t know
12 it.
0 13 MR. CALVERT: Because he doesn•t know it.
0 14 He didn•t know it. Those are two different things. Okay?
15 Those are two different things. Does that make sense?
0 16 VENIREPERSON NO. 14: Uh-huh.
0 17
18
MR. CALVERT:
getting that right?
Okay. Ms. Galimbertti, am I
0 19 VENIREPERSON NO. 15: Galimbertti.
20 MR. CALVERT: Okay. What do you think about
0 21 that? Are you okay with this notion that you can just
0 22 possess something that is not physically on your person?
23 VENIREPERSON NO. 15: Yes.
D 24 MR. CALVERT: Yeah? Dr. Schlitter, how
0 25 about you? Are you okay with that?
DENISE C.PHILLIPS, CSR
_g ___ - - --~----- ---------~~---
OFFICIAL COURT REPORTER
----- ----z7 2ND-DISTRTCT-COURT ____________________ ---------
0
[} 45
VENIREPERSON NO. 13: Yes.
0-- 1
2 MR. CALVERT: How about you, Ms. Bernal?
D 3 VENIREPERSON NO. 12: I don't think so.
0 4
5
MR. CALVERT:
VENIREPERSON NO. 12:
Okay. Talk to me.
If it's not on me,
0 6 then I shouldn't claim something that doesn't belong to me
7 or that's -- it could be belong to somebody else.
0 8 MR. CALVERT: That's a good point. It could
0 9
10
belong to somebody else, right?
holding for me, that was my pen, right?
That pen that you were
0 11 VENIREPERSON NO. 12: Yes.
0 12
13 It was Will's, right?
MR. CALVERT: Actually, it wasn't even mine.
0 14 VENIREPERSON NO. 12: That's what I was
15 going to say, also. I mean, it could be a third party's
0 16 item the second party gave to me.
0 17
18
MR. CALVERT:
VENIREPERSON NO. 12:
Right.
So, I --
0 19 MR. CALVERT: Right.
20 VENIREPERSON NO. 12: -- I can always pass
0 21 the blame to somebody. I wouldn't want to take the blame.
0 22 MR. CALVERT: Okay. But that brings up,~-
.t~·
23 good point. Well, let me square this up with you f:i,tst.
0 24 A lot of folks feel exactly like you do, that I j·u,st- don't
'·:·;
;.!.•;
·.,.
0 25 think that's fair for somebody to be convicted offa felony
DENISE C.PHILLIPS, C~R
n OFFICIAL COURT REPORTER
tJ·--- ---- ------- ---------------------------- --- --------2/2N-D--DTSTRTCT_:__COURT----c--------------------- ----:--- --------·-
0
0 46
o. 1 for something unless it's like on them, in their pocket or
2 in their hand, right? Is that kind of how you feel?
0 3 VENIREPERSON NO. 12: If it's not mine
0 4
5
legally, if it's not mine, I was just asked to hold it for
somebody
0 6 MR. CALVERT: Uh-huh.
7 VENIREPERSON NO. 12: -- I wouldn't want to
0 8 take responsibility for it
n 9
10
MR. CALVERT: Well
VENIREPERSON NO. 12: -- other than --
0 11 MR. CALVERT: Well, I understand you not
D 12
13
wanting to take responsibility for it.
VENIREPERSON NO. 12: Well, I shouldn't be
0 14 having to take the blame.
15 MR. CALVERT: Okay. Okay. Then let's --
0 16 let's explore that for a minute, and then I'm going to
D 17 I've got you, Ms. Blair.
18 What I hear you saying -- and I don't want
[I 19 to put words in your mouth, so let's talk about this -- is
0 20
21
just in your mind, you don't think it's fair for somebody
to be held responsible for possessing something unless
0 22 they own it, unless it's theirs, right?
23 VENIREPERSON NO. 12: Correct.
0 24 MR. CALVERT: Okay. Okay. And so, in your
0 25 mind, even if the evidence proves that maybe somebody was
DENISE C.PHILLIPS, CSR
_g -· -- - --- - --------------------~~~~-~~~~~-~~~~~T~~~~:~~~- -------------- -----------
0
0 47
0-. 1 exercising care, custody, control or management over
2 prope~ty, a firearm, righti and they knew they had iti but
0 3 it wasn't theirs, I mean, they didn't own it
n 4
5
VENIREPERSON NO. 12:
MR. CALVERT: right?
Right.
In your mind, you
[j 6 couldn't convict somebody of a felony under those
7 circumstancesi is that true?
0 8 VENIREPERSON NO. 12: I probably-- I would
0 9 be able to only because it's not me. But if it were
10 somebody else, I could -- I can -- if the evidence were
0 11 proven then, yes, I could.
0 12
13
MR. CALVERT: Okay. Ms. Bernal -- or, I'm
sorry, Ms. Blair, what were you going to say?
D 14 VENIREPERSON NO. 14: Well, I think the
15 question is access. You know, is it limited access? Is
0 16 it -- if it's not your possession or, at the time, it's in
[} 17 my car 1 then I I m t.he only one who could possibly I then I
18 would say, yes, you're in possession. But if there's six
0 19 other people that have keys to that car, then I'm not sure
20 you could establish possession immediately.
0 21 MR .. CALVERT: Okay. Ms. -- let's go
0 22 straight back. Ms. Moore, what do you think about that?
23 Can -- what do you think about the notion, first of all,
0 24 Ms. Moore, that somebody can possess something that's not
[J 25 physically on them? Are you okay with that?
DENISE C.PHILLIPS, CSR
g--------------·--------- -------~~~-~-~~A~-I-~~~~-~T~~~~~~~-~--------------------·- ----------------
0
0 48
[}
. !
__ 1 VENIREPERSON NO. 30: Yes.
2 MR. CALVERT: Okay. Let's take it a step
[J 3 further. What about the notion that -- well/ are you
B 4
5
married?
VENIREPERSON NO. 30: Yes.
0 6 MR. CALVERT: Okay. Do you own a horne?
7 VENIREPERSON NO .. 30: Yes/ sort of.
0 8 MR. CALVERT: Sort of. That's okay. Do you
0 9 have a TV?
10 VENIRE PERSON NO. 30: Yes.
0 11 MR. CALVERT: Is it in your house?
0 12
13
VENIRE PERSON NO. 30:
MR. CALVERT: Okay.
It should be.
Do you possess that TV?
0 14 VENIRE PERSON NO. 30: Yes.
15 MR. CALVERT: Yeah. Why?
0 16 VENIRE PERSON NO. 30: Oh, well
0 17 MR. CALVERT: It's not a trick question.
18 VENIREPERSON NO. 30: I possess it in the
0 19 material sense, but I don't possess what could happen to
20 it because unless you have control of the remote control/
0 21 that's not possession.
B 22 MR. CALVERT: Yes 1 but here's the problem
23 with what you just said. You're the wife; therefore/ you
0 24 always have control.
-
0 25 VENIREPERSON NO. 30:
DENISE C.PHILLIPS, CSR
I'm also a mother/ and
fl OFFICIAL COURT REPORTER
bJ------ -- ~-·--- ---·-------·-~--------2-:-7-2-ND -Il:ES-':&R-I-G--T-e0URIP---~------------- ----------------
0
0 49
0 1 I never have control.
2 MR. CALVERT: All right. Would you agree
D 3 that your TV is in your house; and because it's in your
4 house, you have control or management over that TV, right?
D 5 VENIREPERSON NO. 30: Yes.
G 6 MR. CALVERT: Because it's in your house.
7 You didn't bring it with you today, right?
0 8 VENIREPERSON NO. 30: Right, I did not bring
0 9 it with me.
10 MR. CALVERT: Well, I mean, Ms. Moore, are
0 11 you okay with the notion -- are you comfortable saying
12 that you are in possession of the things that are in your
D 13 home, like a TV or a refrigerator, things that you know
[l 14 about?
15 VENIREPERSON NO. 30: I'm more comfortable
0 16 with the refrigerator.
0 17 MR. CALVERT: Why aren't you comfortable
I
18 with the idea of -- do you have a flat screen or a big
0 19 one?
20 VENIREPERSON NO. 30: Yes.
D 21 MR. CALVERT: Okay. And you're not
0 22 comfortable saying you possess that?
23 VENIREPERSON NO. 30: No, no, I possess it,
0 24 I just can't control what -- I just can't control what
0 25 comes across it or what people view.
DENISE C.PHILLIPS, CSR
II OFFICIAL COURT REPORTER
tJ------ -- --- -- --------~-~--~~~~-272ND-DISTRTCT-COURT-~--------------- -------------
0
ll so
n. 1
2 of it.
MR. CALVERT: I'm not talking about the use
0 3 VENIREPERSON NO. 30: Okay.
0 4
5 of it.
MR. CALVERT: I'm not talking about the use
I'm talking about the actual item, the TV itself.
0 6 Okay. Is that in your possession?
7 VENIREPERSON NO. 30: Yes.
u 8 MR. CALVERT: Yeah. Why? Because it's in
0 9 your house, right?
10 VENIREPERSON NO. 30: Yeah.
0 11 MR. CALVERT: What's your husband doing
0 12
13
today?
VENIREPERSON NO. 30: He's at work.
0 14 MR. CALVERT: Is that TV in his possession?
15 VENIREPERSON NO. 30: Yes.
0 16 MR. CALVERT: Yeah. So, what about -- what
D 17
18·
about that? How can two people or more than two people
have possession of the same thing at the same time?
0 19 VENIREPERSON NO. 30: Well for us, I guess,
20 it's because we're in a marriage; and you have mutual
D
..
21 possession.
0 22 MR. CALVERT: Sure. Okay. Ms. Carter, what
23 do you think about that? Do you agree that more than one
0 24 person can possess the same thing at the same time?
0 25 You' re No. 29.
DENISE C.PHILLIPS, CSR
fl OFFICIAL COURT REPORTER
-H ------ ----27ZND~DISTRICT-COURT-·------~---------- ---··-------
0 51
[J_ _ 1 VENIRE PERSON NO. 29: Yes.
2 MR. CALVERT: Why? Explain to me how that•s
D 3 possible.
0 4
5
VENIRE PERSON NO. 29:
MR. CALVERT: Okay.
We share it.
Mr. is it Lavender?
Q 6 VENIRE PERSON NO. 28: Yes.
7 MR. CALVERT: What do you think about that?
D 8 VENIREPERSON NO. 28: I agree.
n 9
10
MR. CALVERT: Why?
VENIREPERSON NO. 28: Because more than
0 11 person can have care and control of everything to do with
12
0 13
it.
MR. CALVERT: Okay. Ms. Frosch, do you
0 14 agree with that?
15 VENIREPERSON NO. 27: I agree with him.
0 16 MR. CALVERT: Yeah.
0 17
18
VENIREPERSON NO. 27: I agree with what he
said because more than one person can have control.or
0 19 management of the things in the home.
20 MR. CALVERT: Okay. Dr. Hash, do you agree
0 21 with that?
0 22 VENIREPERSON NO. 26: Yes.
23 MR. CALVERT: And you•re a physician; is
0 24 that correct?
D 25 VENIREPERSON NO. 26: Yes.
DENISE C.PHILLIPS, CSR
Q___ - - · --·- -----------------~!-~-;~~~r~-~~-~~-T~~~~-~~~~------------ -·---------
0
0
} 52
1 MR. CALVERT: Let's say that -- let's say,
2 Dr. Hash, that you have -- you ever seen the movie "Scar
} 3 Face"?
4 VENIREPERSON NO. 26: Portions of it.
5 MR. CALVERT: Portions of it. Okay. What's
6 it about? Tell me.
7 VENIREPERSON NO. 26: It's about Al Pacino
8 being a gangster, and he was essentially running things up
9 in Miami.
10 MR. CALVERT: Ends up in Miami, not just a
11 gangster but what's his business? Cocaine. Cocaine,
12 right? He's a drug lord. He's a drug lord, right?
13 VENIREPERSON NO. 26: Yes.
14 MR. CALVERT: And he -- by the end of the
15 movie, he's top dog, right? He's sitting in the mansion
16 on Miami Beach. And he is responsible for a cocaine
17 empire, right? Sending out dealers all over the place
18 selling cocaine.
19 Now, let's take cocaine as an example. The
20 guy standing on the street corner, Dr. Hash, slinging, you
21 know, 1 gram bags of cocaine, is that guy in possession of
22 the cocaine that he's selling?
23 VENIREPERSON NO. 26: Yeah.
24 MR. CALVERT: Yeah. What about the guy over
~ 25 him that gave him that cocaine to deal as part of that
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
l---- -- ·-------- -~-- --- --·----~---~----- -- -----------272 ND-DISTRI
CTTOURT----~----------------- ·-------------~---~
} 53
1 1 same operation? Is he in possession of that cocaine?
1
2 VENIREPERSON NO. 26: Under that definition,
} 3 yes.
4 MR. CALVERT: Yeah. Why?
5 VENIREPERSON NO. 26: He controls it.
'.
} 6 MR. CALVERT: And what about the guy over
7 him, all the way up to Al Pacino sitting in the mansion in
}
8 Miami, right? Is Al Pacino, who is not touching the
} 9 cocaine, he doesn't even see it, right; but he knows it's
10 there. He's running the operation of it. Is he in
11 possession of the cocaine that his organization is
12 selling? What do you think?
13 VENIREPERSON NO. 26: Under that definition
14 I would say, yes.
15 MR. CALVERT: Yeah. Why?
16 VENIREPERSON NO. 26: He controls the
17 distribution.
18· MR. CALVERT: How do you feel about that?
19 Is that fair?
20 VENIREPERSON NO. 26: That Al Pacino
21 controls the industry?
22 MR: CALVERT: Is that fair that a person who
23 is not physically touching the items possessed, a lot of
time doesn't even see them, but can still be held to be in
25 possession of them and legally responsible for them if the
(
DENISE C.PHILLIPS, CSR
IJ OFFICIAL COURT REPORTER
272ND DISTRICT COURT
54
J
} 1 evidence shows that they are in control or they're somehow
2 managing that property or those items? Is that fair in
3 your mind?
4 VENIREPERSON NO. 26: Yes.
5 MR. CALVERT: Okay. What do you think? Is
} 6 it Ms. -- help me with your name.
7 VENIREPERSON NO. 25: Miao.
8 MR. CALVERT: Miao. Okay. What do you
9 think about what Dr. Hash said?
10 VENIREPERSON NO. 25: I don't know because I
11 don't know what's the difference between the possess and
12 the ownership.
13 MR. CALVERT: Okay. That's a good question.
14 What's the difference between possession and ownership?
15 What number are you, Ms. Miao? No. 25. Do you own ~hat
16 No. 25?
17 VENIREPERSON NO. 25: No.
18 MR. CALVERT: No. But are you in possession
19 of it?
20 VENIREPERSON NO. 25: Yes.
21 MR. CALVERT: Why?
22 VENIREPERSON NO. 25: Because it's in my
23 hand.
24 MR. CALVERT: Right. That's kind of the
25 difference, okay.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
- - 27-2ND- DIS~RIG'I' -GOUR'I'-- -- --
55
1 VENIREPERSON NO. 25: Okay.
2 MR. CALVERT: The Court owns it, right?
l 3 VENIREPERSON NO. 25: Yeah.
4 MR. CALVERT: So, let's use Ms. Miao's No.
J
5 25 as an example and let's go down that row.
:1
j 6 Is it Mr. Mcintyre?
7 VENIREPERSON NO. 24: Right.
J 8 MR. CALVERT: Mr. Mcintyre, do you agree
9 with Ms. Miao that she is in control of that 25 or that
J
10 No. 25?
11 VENIREPERSON NO. 24: Yes, I do.
12 MR. CALVERT: Yeah. What about Mr. ·Montoya
13 who is in charge of handing those numbers out to y'all and
14 picking them back up at the end of the jury selection? Is
15 Mr. Montoya also in possession of that No. 25?
16 VENIREPERSON NO. 24: I would agree with
17 that.
18 MR. CALVERT: Yeah. Yeah. What about
19 what about Judge Bryan who's in charge of everything in
20 here? This is his world, right?
21 VENIREPERSON NO. 24: Going pack to the
22 example of the drug lord, yes, he's in the control of the
23 courtroom, so everything in here is under him.
24 MR. CALVERT: Are you comfortable with that?
25 VENIREPERSON NO. 24: Yeah.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
"272ND·-DISTRTCT· COURT·· ··
[I 56
D- 1 MR. CALVERT: Okay. Ms. Henry, how about
2 you? What do you think? Do you agree with Mr. Mcintrye?
O 3 VENIREPERSON NO. 23: Yes, because of care,
4 kind of like what you have in your house. You put locks,
5 alarms, possession. You take care and do what you can,
g 6 whether that means bringing that with you inside, like,
7 you know, people's credit cards, cash, driver's license.
0 8 Well, not your car; but leaving tools or something like
0 9 that, he made the choice to leave it in his truck.
it's still in his possession. He took the care and
So,
10
0 11 control of doing that.
MR. CALVERT: Mr. Parker, what do you think
0 12
13 about that?
0 14 VENIREPERSON NO. 22: I agree. I think he
15 was in possession and control. They're side-by-side. But
0 16 it's like you're talking about the number, yes, the
0 17 possession is her in hand; but it's actually owned by this
18 court system. Now, she has control whether she's going to
0 19 give it back or not; but legally, the Court owns the
number.
0 20
21 MR. CALVERT: Right. Mr. Lamb, are you okay
0 22 with that?
23 VENIRE PERSON NO. 21: Yes.
24 MR. CALVERT: Do you think that's a fair way
0 25 of defining possession that you can have multiple people
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
Q - -272ND--rn-STR-ICT -cOURT --
0
0 57
0 1 being in possession of the same object at the same time?
2 Are you comfortable with that?
0 3 VENIREPERSON NO. 21: Yes.
MR. CALVERT: Okay. What do you think,
0 4
5 Mr. Smith?
D 6 VENIREPERSON NO.
---10: I agree.
7 MR. CALVERT: Oops. I'm sorry. That was
D 8 Mr. Smith.
0 9
10-
VENIREPERSON NO. 20:
MR. CALVERT: Okay.
I agree.
Now, some folks,
0 11 though, feel kind of like we talked with Ms. Bernal over
12 here that ownership to them is the most important. That I
D 13 just don't think it's fair to convict somebody of a crime
0 14 unless they own the property. Okay. Even if they're
15 holding it, even if they know about it, I don't think
0 16 that's fair.
0 17
18
Who feels that way and says, to me ownership
kind of trumps everything? Is there anybody that feels
0 19 that way? Ms. -- who are my quiet ones? Let's go in
20 back. Is it Ms. Heidick?
0 21 VENIREPERSON NO. 49: Yes.
D 22 MR. CALVERT: How do ·you feel about that?
23 Do you think that it's fair that somebody could be held
0 24 responsible for possessing something even if they don't
0 25 own it?
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
~o· - -2-72-ND-ni-STR'TCT~-coURT ___ --
0
0 58
VENIREPERSON NO. 49: Yes.
D- 1
2 MR. CALVERT: Okay. How come?
El 3 VENIREPERSON NO. 49: You ,have a bunch of
0 4
5
drugs and you gave them to me, and I possessed them.
shouldn't get away because I don't own them.
I
0 6 MR. CALVERT: All right. Mr. -- help me,
7 right next door.
0 8 VENIREPERSON NO. 50: Bardenhagen.
0 9 MR. CALVERT: Bardenhagen. What do you
10 think about that, Mr. Bardenhagen?
0 11 VENIREPERSON NO. 50: I agree.
0 12
13 Ms. Good?
MR. CALVERT: Okay. How about you,
0 14 VENIREPERSON NO. 51: I agree.
15 MR. CALVERT: Is there anybody that
0 16 disagrees with that? Is there anybody that feels
0 17 differently? Yes, ma'am, help me with your number.
18 No. 54.
0 19 VENIREPERSON NO. 54: 54.
20 MR. CALVERT: No. 54, Ms. Dean. What are
Q 21 you thinking, Ms. Dean?
0 22 VENIREPERSON NO. 54: It could be either
23 way. Like in a situation you're living with roommates;
0 24 and a roommate has a controlled substance in their room or
0 25 alcohol, you know, whatever; and you know it's there --
DENISE C.PHILLIPS, CSR
n···· OFFICIAL COURT REPORTER
-tJ"- - -- --- ------------- - --- ------z72ND-DISTRICT-COURT ________________________________
0
D 59
MR. CALVERT: Yeah.
D- 1
2 VENIREPERSON NO. 54: -- but you're not in
o 3 control of it or, you know, in possession; but it's in
0 4
5
your house.
MR. CALVERT: Right. What do y'all think
0 6 about that? That's a great example. Let's use that.
7 Let's say you live with somebody, and they have -- we'll
0 8 use drugs because that was the example you used. They
0 9 have drugs. You know they have drugs in your house that
10 you share with them; but you don't own them, right?
0 11 You're not using them, right? That's what you're talking
about?
0 12
13 VENIREPERSON NO. 54: (Nods head.)
0 14 MR. CALVERT: What do you think about that,
15 Ms. Welsh?
0 16 VENIREPERSON NO. 9: I was in that same
0 17 position while I was in college. But I felt uncomfortable
18 because I had a roommate that thought that that was okay,
D 19 and I didn't agree with their decisions. And, well, if
20 I'm paying rent, it's my property whatever. Well, I don't
0 21 want to be in a place where I'm around stuff like that.
0 22 So, I can agree with that. The fact that I had no control
23 of that other than the fact that I got stuck with this
0 24 girl who thought that it was okay to do drugs.
0 25 But, no, 'like if the cops were to come in, I
DENISE C.PHILLIPS, CSR
n
-tj --· --
OFFICIAL COURT REPORTER
-- ----- -------- --------------- ------------ ___________________ 2_7.2Nn-·-or·sTRI-CT- ·c-OURT ________ .
-~---~--- ----------------~-------------------------------------
u
.I
0 60
would get in trouble. I would not have agreed that it was
D- 1
2 under my possession, too, because I didn't use them. They
O 3 weren't in my room. They weren't
0 4
5
MR. CALVERT: Yeah. And in the house
example, you could get into a whole lot of really
fJ 6 specific -- I mean, you could change that around a whole
7 bunch of different ways, like whose room was it in or
0 8 whose stuff was it in, right? There's a million different
0 9 little variables you could change in there.
10 But let's -- let's do it this way. What if,
0 11 like you said, it's your place. It's your house, and you
12
0 13
know it's there. You know it's there.
VENIREPERSON NO. 9: Right.
0 14 MR. CALVERT: And you just choose to kind of
15 ignore it. It's not yours. You don't own it. You're not
0 16 using it. You know it's in your house; but, you know, you
0 17
18
kind of turn a blind eye and say,
of that. "
"I don't want any part
0 19 VENIREPERSON NO. 9: Right.
20 MR. CALVERT: "I'm just going to" --
0 21 VENIREPERSON NO. 9: Which isn't probably
0 22 the right thing to do; but as an 18-year-old, at the time,
23 you don't really -- I don't· know. You don't -- I didn't
0 24 want to be a part of that.
0 25 MR. CALVERT: Absolutely.
DENISE C.PHILLIPS, CSR
No, I understand.
n
·t:J--~- ~~--~
OFFICIAL COURT REPORTER
-- -------~-- ~-----·-----~---·-272ND-DTSTRrCT-COURT·-----·---------- - - --
D
0 61
Q,,_ 1 VENIREPERSON NO. 9: I didn't want to get in
2 trouble by ratting out my roommate and all that; and so, I
0 3 don't know. I could understand how seeing it that way.
o· 4
5
MR. CALVERT:
Mr. Smith, what do you think about that?
Sure. Now, and Mr. -- No. 10,
Legally -- and
0 6 not to pick on you, Ms. Welsh --
7 VENIREPERSON NO. 9: That's fine.
0 8 MR. CALVERT: But legally, in that scenario
0 9 where she knows there's dope in the house, okay? She
10 doesn't own it. She's not using it, but she knows it's
I 0 11 there. It's her house. Legally, is she in possession of
12 that -- of those drugs?
0 13 VENIREPERSON NO. 10: No.
0 14 MR. CALVERT: Okay. Why not?
15 VENIREPERSON NO. 10: She's not exercising
D 16 control over it. She has knowledge, but no control. She
0 17 has a moral obligation but not a legal obligation.
18 MR. CALVERT: Okay. Who disagrees with
0 19 that? What do you think?
20 VENIREPERSON NO. 5: I disagree. I think
8 21 she's in possession.
0 22 MR. CALVERT: Why?
23 VENIREPERSON NO. 5: Because she has the
0 24 ability to --
0 25 MR. CALVERT: You're Mr. Kelling, No. 5.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0---- --· ------ -~-------~----------- ----- ----------- ____
~-----272ND--DISTRICT C6URT~----------- ----------- ------~ -----------------
D
62
1 VENIREPERSON NO. 5: Sorry. She has the
2 ability to manage the situation by either leaving the
3 situation or having the people and the items removed from
4 the house.
5 MR. CALVERT: Okay. Yes, ma'am, all the way
J 6 back in the back, Ms. Hudspeth, No. 60. What do you
7 think?
J 8 VENIREPERSON NO. 60: I agree.
9 MR. CALVERT: All right. You agree with
10 what Mr. Kelling said? Okay. Who else feels that way?_
11 All right. Mr. Cessna, you said you feel
12 that way, and Mr. Parker and Mr. Pfitzer. What do you
13 think about that, Mr. Pfitzer?
14 VENIREPERSON NO. 38: I agree with that,
15 yes. If under the circumstances, one could do something,
16 they are in control.
17 MR. CALVERT: Okay. All right.
18 VENIREPERSON NO. 11: Could I add something?
19 MR. CALVERT: Absolutely.
20 VENIREPERSON NO. 11: Technically, you could
21 say someone's in possession of it, but I think the law
22 allows the jury and the Judge a range of punishment for
23 circumstances.
24 MR. CALVERT: Well done, Mr. Slovak.
] 25 Absolutely. Say that a little bit louder. The law allows
DENISE C.PHILLIPS, CSR
~--
OFFICIAL COURT REPORTER
- --272NIY-rH-STRTCT---COURT _______ --------------------- ·----- ---------------
]
n
,_j 63
0--- 1 a range of?
2 VENIREPERSON NO. 11: Punishment.
u 3 MR. CALVERT: Punishment, right?
Absolutely. And you're correct about that.
[J 4
5 Why is that important? In your mind, what
0 6 made you say that? What made you think about that?
7 VENIREPERSON NO. 11: Well, because I think
0 8 there's different levels of guilt.
0 10
9 MR. CALVERT: Yeah. You're right about
that. Okay. You're absolutely 100 percent right about
0 11 that.
0 12
13 works. Okay.
And what you said is exactly how the law
There are three phases in any jury trial.
0 14 You're in the first one right now, jury selection. Or as
15 the Judge correctly pointed out, jury deselection. Okay?
0 16 The next phase is the guilty/not guilty
0 17 phase. In the guilt phase, the only issue -- the only
18 question in front of the jury is did the State prove that?
0 19 Yes or no, period, the end. Okay. At the guilt phase,
20 that is the only question that the jury has to answer is:
0 21 Did Ryan and Will prove each one of these elements beyond
0 22 a reasonable doubt?
23 And if the answer is yes, they jury is
0 24 required to come back with what verdict?
0 25 VENIREPERSONS: Guilty.
DENISE C.PHILLIPS, CSR
-0--·- --- ------ ·~ -- -------------- "---- ---~~-~~~~~~T~~~-~~T~~~g:~ER______ --------- ----- -·---- ------- -- ~---------
/
0
0 64
1 MR. CALVERT: Guilty. And if the answer is
2 no to any one of these, the jury is required to come back
0 3 not guilty. Is everybody with me?
0 4
5
VENIREPERSONS:
MR. CALVERT:
Uh-huh.
Once a guilty verdict has been
0 6 reached, then we get into what phase, Mr. Slovak?
7 VENIREPERSON NO. 11: Punishment.
0 8 MR. CALVERT: Punishment. Okay. And you're
0 9 correct in that the law builds in punishment ranges, big
10 punishment ranges, specifically for that reason. So, that
0 11 level -- you know, degrees of guilt or degrees of
0 12
13
culpability, I guess we'll say, can be properly addressed
as far as the punishment. Does that make sense? Does
0 14 that make sense to everybody?
15 Now, in this particular case -- in all
0 16 criminal cases prior.to the time that we get here to this
0 17 part of the trial, the person on trial has to make an
18 election, a choice. In the event I'm convicted, in the
0 19 event that I'm found guilty, I want either the jury or the
20 Judge to assess my punishment. All right?
0 21 Now, in this particular case, Mr. Greer has
0 22 opted for the Judge. S~, the jury's job in this case will
23 only be this right here (indicating). Okay? It will only
·o 24 be guilt. And the Judge will be handling punishment.
0· 25 Does everybody does that make sense?
DENISE C.PHILLIPS, CSR
Is everybod~ okay
Q~- .. - -- -. --- - --
OFFICIAL COURT REPORTER
------------------z72Nn--DTSTRICT- COURT_______ - -- - ---- --------
~--------------------------------------------------~--~
·0
0 65
with that?
D- 1
2 Is there anybody that says, "I don't think
B 3 that's right. I think if the jury's doing guilt, I think
4 the jury should get to do punishment"?
0 5 All right. Getting back to what we were
0 6 talking about a minute ago, is there anybody here kind of
7 in line with the discussion that we were having, that
0 8 says, "You know, Ryan, if I look deep down in the depths
[J 9 of my soul and I'm honest with myself, I could not pull
10 the trigger and find somebody guilty of a felony unless
0 11 they ~- it was their property that they owned"?
Ms. Welsh, is that how you feel?
0 12
13 VENIREPERSON NO. 9: Yeah, I don't -- either
0 14 side of it, I feel sick to my stomach having to send
15 somebody anywhere.
Q 16 MR. CALVERT: I understand. I understand.
0 17 And I appreciate that. A lot of folks feel that way. And
18 that's what I was talking about earlier. They just feel
0 19 like, "Ryan, unless you own it, I couldn't do that." A
20 lot folks feel that way, and there's nothing wrong with
0 21 that.
0 22 Yes, ma'am, No. 42, Ms. Ford?
23 VENIREPERSON NO. 42: Yes, sir.
0 24 MR. CALVERT: Is that how you feel?
D 25 VENIREPERSON NO. 42:
DENISE C.PHILLIPS, CSR
No, I would have
OFFICIAL COURT REPORTER
Q- - - -- - --- · --- ---- ----- ---- - -- -- -- - - 2'72NB-DIS!F-R-IG!F---G0U-RT-- ------------ --- --------------
0
n 66
o. 1
2
trouble ~- I can see a scenario where someone who was told
they couldn't have a gun for a certain period of time and
B 3 they found a friend or a family member who would keep that
[] 4 well away from ~hem where they would have no access or
\;\/
5 anything like that, and -- and it was still in their --
0 6 technically, I guess, in their possession, but in someone
7 else's and looked after --
0 8 MR. CALVERT: Right.
D 9 VENIREPERSON NO. 42: -- and nothing was
10 done, that person could legally hold that gun for them.
0 11 MR. CALVERT: Yeah. That's not what we're
0 12
13
talking about here. In that scenario that you're
addressing, that actually happens; and that does exist.
D 14 And there are certain types of offenses, domestic
15 violence, for example, that you can't have a gun for a
0 16 period of time. But that's -- that's a very good point,
0 17
18
but that's not really what we're discussing in terms of
this discussion. Does that make sense? We're talking
0 19 about -- anybody else that agrees with Ms. Welsh that
says, "Unless it's like your property that you're using,
0
20
21 that you -- that you own, I can't find you guilty of a
0 22 felony"? Who else feels that way?
23 All right. Ms. Welsh, I appreciate that.
0 24 VENIREPERSON NO. 9: Sorry.
0 25 MR. CALVERT: No, you don't need to
DENISE C.PHILLIPS, CSR
~-~ OFFICIAL COURT REPORTER
tJ- ··- ··- -- - ----------- ------------------------272-ND--D-I-STRI-CT--COURT---- - ------- -------- -- -- -- ·
0
0 67
0 1 apologize. That's exactly-- you did exactly what you're
2 supposed to do. That's exactly -- look at this point in
B 3 time, y'all might have noticed when y'all came in here,
0 4
5
the very first thing y'all did was you took an oath to
what?
0 6 VENIREPERSONS: To be honest.
7 MR. CALVERT: To be honest, right. You
0 8 might have noticed you did not take an oath to follow the
[} 9 law. And that's one of the really, really cool things
10 about our system, is there's a reason you haven't taken an
0 11 oath to follow the law because you don't have to at this
0 12
13
point, right?
your opinions.
All you've got to do is be honest about
We're allowed to disagree. That's what's
8 14 so neat about this.
15 But we have to have that discussion now
0 16 because the 12 of you that wind up over here, the very
0 17 first thing that you'll do once you wind up over here is
18 you're going to take a different oath. And that is to
0 19 render a true verdict based on the law and the evidence in
20 this case.
Q
21 And so, we can't have it be once you get
0''
22 over here, you go, "Yeah, I don't think I could follow
23 that law." Too late at that point. So, we have to figure
0 24 that out now. All right?
0 25 So, you did exactly the right thing.
DENISE C.PHILLIPS, CSR
I
Q-·-· OFFICIAL COURT REPORTER
··-- ·- ----·------------ ---- ------- ·-·-272ND-IHSTRreT-··e<:mRT--- ----·---·-·-- -- -·-··--------- --·-··· · -· ··········· ··-
~]
L
0 68
0 1 appreciate that.
Mr. Holt, you're orie of my quiet ones. How
2
0 3 do you feel about that? And you're No. 17.
0 4
5
VENIREPERSON NO. 17:
MR. CALVERT:
Yes.
Are you okay with what we were
0 6 talking about, that somebody could not own something and
7 not even physically be in possession; but they can still
0 8 be in possession of it? Are you okay with that?
[l 9 VENIREPERSON NO. 17: Yes.
10 MR. CALVERT: Okay. Ms. Defrancesco, did I
0 11 get .that right?
0 12
13
VENIREPERSON NO. 18:
MR. CALVERT: All right.
Yes.
How do you feel
0 14 about that?
15 VENIREPERSON NO. 18: I think it's --
0 16 there's a lot of gray areas, and it's very circumstantial.
n
u
17 MR. CALVERT: Okay.
18 VENIREPERSON NO. 18: Like going back to the
[J 19 scenario with the tools, he's in possession of his tools.
20 MR. CALVERT: Yep.
0 21 VENIREPERSON NO. 18: He owns those tools,
u 22 but if somebody comes and steals something out of his
23 truck and uses it to break into somebody else's car or hit
0 24 somebody over the head, he should not be responsible at
0 25 that point.
DENISE C.PHILLIPS, CSR
0 OFFICIAL COURT REPORTER
- ---2-7-2N:O---DI-S-'FR-±·G!F-~G-G·UR-T---·- ------------·-·-----·---------------------- ------- ---------------- --------· --- ----
0
[l 69
0 1 MR. CALVERT:
VENIREPERSON NO. 18:
He's not.
Great. But going back
2
0 3 to he's in possession of his possessions.
0 4
5
MR. CALVERT:
tools, but that's like saying -- you know,
He's in possession of the
I'm in
0 6 possession of my gun; but if you steal my gun and you
7 murder Mr. Hernandez with it, I'm not guilty of murder,
0 8 right? I'm just not. I'm not guilty of anything. You're
[] 9 guilty of murder, right, because you shot him; but I'm
10 not. Does that make sense?
0 11 VENIREPERSON NO. 18: Uh-huh.
12 MR. CALVERT: Okay. Mr. Hernandez, how do
fl
u
13 you feel about that? Are you okay as a juror finding
0 14 somebody in possession of something that they don't
15 necessarily own?
0 16 VENIREPERSON NO. 19: I agree.
0 17
18
MR. CALVERT:
VENIRE PERSON NO. 19:
Are you okay with it?
Yes.
n 19 MR. CALVERT: Okay. Mr. Watson, in the back
20 row, how do you feel about that, sir?
0 21 VENIRE PERSON NO. 48: The same.
0 22 MR. CALVERT: All right. 47, Mr. Everett,
23 are you okay with that?
B 24 VENIREPERSON NO. 47: I'm wondering if· they
[] 25 know that they have it --
DENISE C.PHILLIPS, CSR
/l OFFICIAL COURT REPORTER
-~~~- __ -----~- _ -~-------------------- --------~---~-----------27.2ND-DISTRICT-COURT-~-
o
70
1 MR. CALVERT: That's the key. You have to
2 know you have it. Okay. You have to -- for something to
8 3 be a crime, you have to know you have it. All right.
Does that make sense? And that's part of what has to be
B 4
5 proven by Ryan and Will. Does that make sense?
[J 6 VENIREPERSON NO. 48: If they know they have
7 it, then they are in possession.
0 8 MR. CALVERT: All right. Let me ask you
[] 9 this, Mr. Watson. That brings up a good point. Let's
10 just say-- and we've been talking about drugs. Let's
[} 11 let's keep talking about drugs.
12 Let's say I have some cocaine; and you know
0 13 I have some cocaine, right? And I say, "Mr. Watson, can
0 14 you take me down to the grocery sore for a minute?" And
15 you're like, "Yeah, come on." And you let me in your car
0 16 knowing I have cocaine. Am I in possession of the cocaine
0 17
18
that's in my pocket?
VENIREPERSON NO. 48: Uh-huh.
0 19 MR. CALVERT: Absolutely. Is he in
20 possession at that point of the cocaine that's in my
0 21 pocket?
0 22 VENIREPERSON NO. 22: If he knows it's in
23 your pocket
0 24 MR. CALVERT: Yeah, he knows. He knows.
0 25 VENIREPERSON NO. 22:
DENISE C.PHILLIPS, CSR
Then, yes, he's in
r-,. OFFICIAL COURT REPORTER
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0
0 71
0 1 possession.
MR. CALVERT: Everybody comfortable with
2
[] 3 that?
0 4
5
VENIREPERSONS:
MR. CALVERT:
Uh-huh.
So, does that make sense to
[] 6 you, Mr. Watson?
7 VENIREPERSON NO. 47: Everett.
[] MR. CALVERT: Oh, you're Mr. Everett. I'm
8
0 9 sorry. Mr. Everett. Are you okay with that, Mr. Everett?
10 VENIREPERSON NO. 47: (Nods head. )
0 11 MR. CALVERT: I apologize.
Okay. Let's talk about this -- any other
0 12
13 questions about possession before we move on to something
0 14 else?. Is there anybody else sitting there right now
15 talking about -- or thinking about possession going, "I
0 16 just don't think that's fair. I don't think that's a fair
0 17 definition, Ryani and I couldn't find somebody guilty of
18 the felony offense under that definition." Speak now or
0 19 forever hold your peace.
20 All right. Let's talk about this one for a
0 21 minute. Normally, during the guilt phase of a trial, a
0 22 jury is not going to get to know anything, one way or the
23 other, about whether a defendant has any criminal history.
D 24 But this is one of the offenses where the jury -- it is an
u 25 element of the offense. It's something that we have to
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
.0---- ------- ---- - - - - ------ ---- ------- ---- ----2-7-2-ND--D I-S'F-R-1-G--T-GGURT---------------- --·- -----·--
u
0 72
o.
I
1
2
prove ~hat the person who's on tiial is a convicted felon.
Okay? We have to prove that.
0 3 It's kind of like if -- y'all have heard of
the offense failure to register as a sex offender, right?
0 4
5 Well, Element No. 1, we have to prove the person on trial
0 6 is what, a sex offender, right?
7 How many of y'all when you walked in here,
0 8 you're kind of eyeballing us up here and trying to figure
[l 9 out who everybody is? Were y'all doing that? Yeah.
10 . And once the Judge said it was a criminal
0 11 case, how many of y'all were trying to, you know, figure
out who the defendant was; and you h~d the thought to
D 12
13 yourself, "I wonder what that. guy did, " ri,ght? That's
0 14 perfectly natural. It's a human response. The~e's
15 nothing wrong with that.
0 16 But here's the thing you've always got to
0 17
18
keep in mind. And y'all told me.this earlier.
as Mr. Greer sits here right now, he is presumed?
So, now,
0 19 VENIREPERSONS: Innocent.
MR. CALVERT: Innocent, right? And so, with
0 20
21 regards to having been convicted of a felony, let's -- how
D 22 many of y'all -- everybody drive? How many of y'all
23 speed? I do.
B 24 Let's say you're driving on Monday, and you
0 25 get a speeding ticket, and you're completely good for it
DENISE C.PHILLIPS, CSR
\l OFFICIAL COURT REPORTER
·U ·- - ···----·-- ---- ··--·-·· ---------- --·-------·--- ·-··----·- -2-7-2ND--D-IS'I'R-I-C'I'--COUR-T----···-------- -· ----- --· ----- --- ··-- -------------··
0
n
-DrSTRTCT-COl:JRT- -- -- ---
-~ ~ ~- - ~-- ~ - ~-- ----
}
[l 102
[] 1 VENIREPERSON NO. 1: I guess they felt
2 threatened because he was upset, and they felt he was
0 3 argumentative.
0 4
5
MR. CALVERT:
VENIREPERSON NO. 1:
I understand.
I knew he didn't think
'[} 6 he was doing any wrong.
7 MR. CALVERT: I understand. I'm asking for
0 8 your opinion. Do you think the police were fair in what
0 9
10
they did?
VENIREPERSON NO. 1: Well, at the time, I
0 11 didn't think they needed to tase him; and I was wanting
0 12
13
them to let me try to talk to him to calm him down; but
they wanted me to stand back. And it was just a hard time
[) 14 at that time.
15 MR. CALVERT: I understand. And then, with
0 16 respect to the fact that our office prosecuted your son,
0 17
18
is that something that you feel like is going to be a
factor in your mind in hearing this case given the fact
0 19 that we're the same agency that prosecuted your son?
0 20
21
VENIREPERSON NO. 1:
think so because I would look at this like a different
I would hopefully not·
0 22 thing of someone else. It's just -- he had mental issues,
23 mood disorder bipolar, but not on any medicine; and he had
0 24 an argument his with girlfriend.
[l 25 MR. CALVERT: I understand.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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0
n
'\.-'
. 103
1 VENIREPERSON NO. 1: They did what they
2 thought was best at the time.
3 MR. CALVERT: I understand. And ultimately,
0 4
5
the one question that we have to know from you is:
you would you be able to treat police officers the same
Can
[J 6 as any other witness?
7 VENIREPERSON NO. 1: Yes, I would treat them
0 8 with respect and listen impartially.
[} 9 MR. CALVERT: Okay. And could you -- are
10 you coming in here -- am I coming in here as a prosecutor
0 11 in Brazos County at a disadvantage in your mind because of
0 12
13
the fact that we prosecuted your. son?
VENIREPERSON NO. 1: No, you would not be.
0 14 MR. CALVERT: All right. Thank you. That's
15 all I have.
D 16 VENIREPERSON NO. 1: I just wanted to say
0 17
18
what happened.
THE COURT: Thank you. You can take your
0 19 break now.
VENIREPERSON NO. Okay.
0 20
21 THE COURT:
1:
Stay with us.
0 22 (Venireperson No. 1 retired to hallway.)
23 THE COURT: No. 5.
0 24 MR. CALVERT: Earl, we'll stipulate on this
D 25 guy. He was pretty clear.
DENISE C.PHILLIPS, CSR
f( OFFICIAL COURT REPORTER
-h/~- - - - --- ----------- --------·-----·---···--- -2·9-2-ND--BI-STRTCT-CC::>URT----~ --------·---- ------------ ··· -····-····-- ----
0
n 104
o. 1 MR. GRAY: What's that?
2 MR. CALVERT: No. 5, we'll stipulate on him.
0 3 He was pretty clear.
0 4
5
MR. GRAY:
THE COURT:
Okay.
You agreeable?
n 6
7
MR. GRAY:
THE COURT:
Yeah, t_hat's fine,
No. 5, for the record is excused
Judge.
0 8 for cause.
[1 9 (Venireperson No. 5 excused for cause.)
10 THE COURT: No. 17.
n 11 THE BAILIFF: Do you want me to tell that to
u 12
13
No. 5?
THE COURT: Yes, No. 5 is excused. He can
0 14 leave the courthouse.
15 No. 17.
tJ 16 (Venireperson No. 17, Michael Lee Holt, at
D 17
18
bench.)
THE COURT: Hello, Mr. Holt, how are you
0 19 today, sir?
20 VENIREPERSON NO. 17: I'm doing good. Thank
0 21 you.
0 22 THE COURT: There was something you wanted
23 to bring up privately?
0 24 VENIREPERSON NO. 17: Yes.
0 25 THE COURT: More privately, anyway.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
D--- --- --- - --- ------ - ----2-7-2-NB-B-I-S!f-R-I·G.o:I'---eGURT------------------- ------ ----- ------- --- - - --------
[J
0 105
0 1 VENIREPERSON NO. 17: Yes. Well, the
2 question was whether I'd had a bad experience or -- with
0 3 law enforcement, and I've had three.
4 THE COURT: Okay.
G 5 VENIREPERSON NO. 17: And all of them were
'0 6 when I was younger.
n 7
8
THE COURT:
VENIREPERSON NO. 17:
All right.
When I was a teenager
[}
•/
9 and going to college at Tarleton State University, and I
10 was going through a little town called Dublin. We had to
n 11 go through Dublin to get to Proctor where the dance hall
[} 12 was. And I had two other friends with me, and I had a
13 pickup. I had loud pipes on it, and the police officer
0 14 stopped me outside of the city limits. He and his deputy
15 asked us to step out of the car. He said leave it
'Q 16 running. He got in and floorboarded my truck, and
0 17
18
THE COURT: In the interest of time, we may
need to get the details on this later; but let me just
0 19 jump cut to the chase on this. Are those three
20 incidents, are any one of them going to render you in any
0 21 way unfair to the State in this case?
u 22
23
VENIREPERSON NO. 17:
THE COURT:
I don't think so.
Are you holding any bad feelings
0 24 about that against law enforcement?
0 25 VENIREPERSON NO. 17:
DENISE C.PHILLIPS, CSR
No, I think I'm a
f'( OFFICIAL COURT REPORTER
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o
106
1 pretty good judge of characteri but I will have to say
2 that every time I get stopped, which is not very often, I
3 flinch a little bit because I never know what I'm goipg to
} 4 get.
5 THE COURT: I understand. And you mentioned
} 6 that you had a few problems with the Fifth Amendment, as I
7 recall -- no
J 8 VENIREPERSON NO. 17: No.
9 THE COURT: -- the prior conviction, that
10 you might hold that against him on the guilt/innocence
11 issue of the case on trial?
12 VENIREPERSON NO. 17: It would --
13 THE COURT: Can you assure me that you would
14 not let that influence you in the guilt or decision?
15 VENIREPERSON NO. 17: I think it would
16 depend on how it was presented. For example, I mean, I
17 know what the law is saying, that he's innocent until
18 proven guilty.
19 MR. GRAY: We'll agree.
l 20 THE COURT: Do we have an agreement?
u
21 MR. CALVERT: We do.
J 22 THE COURT: We're going to excuse you for
23 cause, sir. Mr. Holt, you're free to leave the
24 courthouse. You do not have to return. Thank you very
25 much.
.J
DENISE C.PHILLIPS, CSR
J-- -- ----- ~- ----- -------- -- - - ----- --~-~-~~~~~~I-~~-~~~T~~~~~~ER__ --- ---·--------- -- ---------- ·---
J
I 107
J
r. 1 VENIREPERSON NO. 17: Thank you.
2 {Venireperson No. 17 excused by agreement.)
\ 3 THE COURT: No. 22.
4 MR. GRAY: Which one was that?
5 THE REPORTER: 17.
1 6 THE COURT: Mr. Holt, No. 17.
7 {Venireperson No. 22, Brent Keith Parker, at
1
8 bench.)
9 THE COURT: Mr. Parker.
10 VENIREPERSON NO. 22: How are you?
11 THE COURT: How are you, sir?
12 VENIREPERSON NO. 22: Fine.
1
13 THE COURT: The prosecutor may have some
) 14 questions for you right now.
15 MR. CALVERT: I don't, Judge.
16 THE COURT: Do you have any questions?
17 MR. GRAY: Yes. It's Mr. Parker; is that
18 right?
19 VENIREPERSON NO. 22: Yes.
') 20 MR. GRAY: Okay. Whenever the prosecutor
J
21 had gone through the Fifth Amendment rights, I believe you
~
l 22 had indicated that you had some tendency to want the
23 defendant to testify --
24 VENIREPERSON NO. 22: Yes.
25 MR. 'GRAY: -~ for whatever. Is that still
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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l
108
1 your position?
2 VENIREPERSON NO. 22: That's always been my
3 position.
0· 4
5 in way --
MR. GRAY: Would that affect your decision
D 6 VENIREPERSON NO. 22: Yes, it will.
7 THE COURT: I'm going to excuse you for
[l 8 cause. You're free to leave the courthouse. You do not
o· 9 have to return.
10 VENIREPERSON NO. 22: That's just always
0 11 been one of my pet peeves.
0 12
13 your candor.
THE COURT: I understand. Thank you for
0 14 MR. CALVERT: Thank you, Mr. Parker.
15 (Venireperson No. 22 excused for cause.)
0 16 THE COURT: No. 24.
0 17
18 bench.)
(Venireperson No. 24, David P. Mcintyre, at
0 19 THE COURT: How are you doing, Mr. Mcintyre?
20
0 21
VENIREPERSON NO. 24:
THE COURT: I'm fine.
Pretty good.
Back to -- and,
And you?
0 22 again, I don't have any problem with your feelings. I
23 just need to know how you feel. All right?
0 24 VENIREPERSON NO. 24: I understand.
0 25 THE COURT: That you would have trouble not
DENISE C.PHILLIPS, CSR
_Q ___ ------ ------------_______o:~-~-~-~~~~-~~~~~T~~~~:~~R ____________ ----------
0'
0 109
D-. 1 holding the prior conviction against him on the question
2 of guilt or innocence on this case.
D 3 VENIREPERSON NO. 24: I'm not going to say
0 4
5
it won't affect me. I mean, again, it gets back, if it
were a felony that were not related to this case, I' think
0 6 the bearing would be less. I'm just trying -- I want to
7 be honest to him, and I want to be honest to both sides.
[l 8 I still feel like if I heard the facts, I could still make
0 9 a honest conviction on the facts.
10 THE COURT: But I need to understand that
0 11 you can assure me that it would not affect you on the
0 12
13
decision.
Now, you're going to be asked to find
0 14 whether he was convicted or not.
15 VENIREPERSON NO. 24: Correct.
D 16 THE COURT: If you find that he was
0 17 convicted, is that going to influence you on the decision
18 of the actual case itself?
[J 19 VENIREPERSON NO. 24: I think I could make
0 20
21
myself do that.
THE COURT: Okay. Do you have any
0 22 questions?
23 MR. CALVERT: No, sir.
0 24 THE COURT: Do you have any questions?
0 . 25 MR. GRAY: Just a couple.
DENISE C.PHILLIPS, CSR
Q_._.·__ ---· -------·----·----0-~·~·~-;~~~:r-~·~~~~T~~~~-~~-ER______________
0
} 110
l THE COURT: Go ahead, sir.
1
l- .
2 MR. GRAY: I notice that you said that you
J 3 could "make an honest conviction." I don't know if that
was a Freudian slip or --
} 4
5 VENIREPERSON NO. 24: Well, an honest
'l
lJ 6 decision maybe should be the correct one.
J'---~----7- -·----····--··-·-------- MR. GRAY: Okay. And it ' s -- and I
8 understand we can't get into the facts just like the
9 prosecutor said.
10 VENIREPERSON NO. 24: I understand that,
11 too.
12 MR. GRAY: But if it would affect your
13 ability in any way to serve on this jury, then we need to
14 know about that.
15 VENIREPERSON NO. 24: Correct.
16 MR. GRAY: so, you would not hold it against
17 him whatsoever if they first proved beyond a reasonable
18 doubt he's been convicted? You would not then let that go
19 into your thinking as to the possession?
20. VENIREPERSON NO. 24: Yes, sir.
21 MR. GRAY: That's correct?
22 VENIREPERSON NO. 24: I mean, I understand
23 because a lot of time you work with people that don't
24 necessarily -- you have to separate the action. Kind of
25 like with your kids sometimes, you separate actions.
DENISE C.PHILLIPS, CSR
l.
,- -- · -- ·-----
OFFICIAL COURT REPORTER
-----·-------------------------2 72ND-D-:r-STR-I-cT--COURT----·----------·· -------- ··---------·------
~
111
J
...,
. I
1 MR. GRAY: Absolutely.
l-
2 THE COURT: Thank you for your candor. Step
J 3 outside, and you can go ahead and take your break.
~ 4 (Venireperson No. 24 retired to hallway.)
u
5 THE COURT: No. 30.
'j
u 6 MR. CALVERT: What was her issue, Judge?
7 THE COURT: Failure to testify.
J 8 MR. CALVERT: Earl, I'll agree if you'll
~ 9 agree.
10 MR. GRAY: Yes. That's good.
~ 11 THE COURT: No. 30 is excused by agreement
~
II
12 for cause.
!J
13 (Venireperson No. 30, Sharon Alice Moorer at
0u 14 bench.)
15 THE COURT: Madam, the parties have agreed
~ 16 to excuse you. You're free to leave the courthouse. You
u~ 17 do not have to return. You're Juror No. 30i is that
18 correct?
ll
u 19 VENIREPERSON NO. 30: Right.
20
~
THE COURT: Thank you very much.
l,
21 VENIREPERSON NO. 30: I thought I had
R
0' 22 questions to answer.
23 (Venireperson No. 30 excused by agreement.)
~ 24 THE COURT: No. 48. 57 is so far back. Do
n 25 you want to just agree on that one?
u
DENISE C.PHILLIPS, CSR
~ OFFICIAL COURT REPORTER
~---- - ----- --~---------~------~------z-7:2-ND--IJI-STR-I-eT--CCH:JRT---------~----- -----------
J
112
MR. CALVERT: Yes, sir.
J. 1
2 MR. GRAY: Yes, sir.
J 3 THE COURT: 57 is excused.
~ 4 {Venireperson No. 57 excused by agreement.)
~
5 THE COURT: Can we agree on 53?
~
II
u 6 MR. CALVERT: I was about to say, Judge, 53,
7 also.
~ 8 THE COURT: 53 is excused for cause.
n
\·
9 {Venireperson No. 53 excused by agreement.)
a
·•
10 THE COURT: Ernie, you can go ahead and
!l
llJ
11 excuse for cause Juror No. 53 and Juror No. ·57. Those are
~
12 agreed upon.
13 {Venireperson No. 48, Jeffrey Matt Watson,
~-j 14 at bench.)
15 THE COURT: Come on up, sir. How are you?
~ 16 Mr. Watson?
~ 17 VENIREPERSON NO. 48: Yes, sir.
18 THE COURT: You had an issue you wanted to
~ 19 bring up to us a little more in a private ·setting, right?
il 20 VENIREPERSON NO. 48: Yes, sir. I wanted to
u
21 let y'all know that I had an arrest for DWI about 15, 16
~ 22 years ago. I just wanted to let y'all know.
23 THE COURT: That's a misdemeanor. It
~ 24 doesn't legally ?isqualify you to serve as a juror.
~ 25 Do you have any questions?
DENISE C.PHILLIPS, CSR
~--------------- __________________o~!~~~~~r~~~~~T~~~~-:~E~--------------------- ------------
113
1 MR. CALVERT: Do you feel like you were
2 treated fairly by the police?
3 VENIREPERSON'NO. 48: I do, yes.
4 MR. CALVERT: And by the D~A. 's Office or
5 the County Attorney's Office?
J 6 VENIREPERSON NO. 48: Yes.
7 MR. CALVERT: Okay. Is there anything about
J 8 that case that would play any role in your decision in
9 this case?
10 VENIREPERSON NO. 48: No, not at all.
n
u 11 MR. CALVERT: That_'s all I have, Judge.
12 THE COURT: All right. Stay with us. Go
13 ahead and take the rest of your break.
14 (Venireperson No. 48 retired to hallway.}
15 THE COURT: So, we have agreed, for the
16 record, on 4, 5, 17, 22, 30, 53 and 57.
17 MR. CALVERT: And I don't know if we were on
18 the record earlier, 31 as well, Judge. Ms. Frederick, was
19 gone before we started.
20 THE COURT: Yes, 31 is Ms. Frederick. 31 is
21 excused.
22 All right. Y'all take a five-minute break,
23 and we'll get started again.
24 MR. GRAY: Yes, sir.
25 MR. CALVERT: Yes, sir.
DENISE C.PHILLIPS, CSR
~---- ----- ----~----------------~~-~-~-~~~~1-~~~-~~T~~~~:~~~--------------- - - - - - - - - - -
114
J
1 (Short recess.)
2 THE COURT: You ready?
3 MR. GRAY: Yes, sir.
4 THE COURT: Bring them in, Ernie.
5 (Venire panel reseated.)
6 THE COURT: Y'all notice we've got a few
7 empty chairs. We've excused some of the jurors during the
8 break after we talked to them. Here are the jurors that
9 have been excused so far, that there should be an empty
10 chair, but there should be no other empty chairs: No. 4,
11 No. 5, No. 17, No. 22, No. 30, No. 31, No. 53, and No. 57.
12 Other than those, do any of you see a vacant chair that
13 shouldn't be vacant?
J 14 All right. I believe we've got everybody,
15 then. Let me ask you, the court reporter has requested
J 16 that y'all keep your voices up. She's having a little
17 trouble hearing a couple of you, so keep your voice up if
J
18 you would, please.
J 19 (Venireperson No. 30 excused by agreement.)
20 THE COURT: Go ahead, sir.
21 MR. GRAY: Thank you, Judge.
22 VOIR DIRE EXAMINATION BY MR. GRAY
23 MR. GRAY: Well, I apologize if you're not
24 one of those empty chairs. I'll see what we can do.
25 The prosecutor has already introduced me. I
DENISE C.PHILLIPS, CSR
~
I
OFFICIAL COURT REPORTER
,--- -·---- ·------------·----- -272ND-IJ-ISTR-rCT-COURT---------~--- ----------
l 115
J_ 1 want to tell you a little bit more about myself. My name
2 is Earl Gray. I'm with Gray, Granberry and Jones. We
3 specialize in criminal cases. We do some select injury
4 cases, but primarily we do criminal law.
5 Actually, I was raised in the Brenham area,
6 went to Texas A&M University, graduated and then went to
7 Regent University Law School. That's in Virginia Beach,
8 Virginia. Has anybody heard of the "700 Club" or "Pat
9 Robertson?" It's his school. Okay.
10 Just as the prosecutor indicated, at this
11 point, if you had to take a vote, what would it be?
12 VENIREPERSONS: Not guilty.
13 MR. GRAY: Not guilty. Because at this
14 point, he's only accused. Okay. David Greer is only
15 accused. This is the first time we've had an opportunity
16 to test the evidence in the case. Okay.
17 Let me ask you this -- and I'm going to do
18 my very best to get you out of here by lunch. Okay. So,
19 I'm going to speed up on some things, but I don't want to
20 rush over things that are important as well.
21 Who .out there would rather be somewhere
22 else?
23 (Show of hands.)
24 MR. GRAY: I probably shouldn't raise my
~ hand because this is what I do for a living. But we're
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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1
116
1 going to get you out of here as soon as we can today.
2 And if you are selected, we don't anticipate
3 this is going to be a very long trial. As the Judge
4 indicated and the Prosecution, you know, Wednesday, maybe
5 Thursday. So, a day, day and a half is probably about it.
6 Okay.
7 As the prosecutor also indicated, you're
J 8 only decision is going to be guilt/innocent. You're not
9 going to have to be around -- stick around for any of the
10 punishment phase, if we get there. Okay?
11 Now, after the Prosecution's voir dire, who
12 out there, though -- you need to be honest with
13 yourself ~- who out there believes that Mr. Greer has been
14 convicted of a felony? All that talk about a felony
15 conviction. Anybody?
16 VENIREPERSON NO. 11: Well, I would make the
17 assumption I was making the assumption that the case
18 would not have been brought up had that not been the
19 foundation already established.
20 MR. GRAY: Okay. And I'm not going to pick
21 directly on you-all -- and I don't fault the Prosecution.
J
22 I think it's just kind of the way it sort of went. But
23 does everybody understand that there's 'been no evidence
~ 24 that's he's been convicted of any felony? Does everybody
25 understand that?
'l
. DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
l --- ·- -----·-- -·---------'------------2-7-2ND-D-IBTR-I-CT-C0URT------------------- --·--- -------
1
0 117
0- 1 Does everybody also understand that's an
2 element of the offense? Okay. And so, if they do not
0 3 prove beyond a reasonable doubt that the person is
0 4
5
convicted of a felony -- of a felony, what must your
verdict be?
0 6 VENIREPERSON NO. 8: Not guilty.
7 VENIREPERSONS: Not guilty.
0 8 MR. GRAY: That's even before we get to
D 9 possession stuff. Does everybody understand that?
10 Anybody have any problem with that?
0 11 VENIREPERSONS: No.
B 12
13
MR. GRAY:
All right.
Okay.
I want to talk a little bit
0 14 about the burden of proof. I use this chart, and I'll
15 kind of point to I don't want to step on the
0 16 Prosecutor. It's sort of a gradation. You know, we don't
0 17 have a definition anymore for beyond a reasonable doubt.
18 The court system has said that -- and the cases have said
0 19 that we're going to leave it up to you guys to decide what
20 that level of proof is. So, about all we can do is
0 21 compare it to other things. Okay?
0 22 At the very bottom, of course, no evidence.
23 That's a pretty easy one, right? If they bring no
0 24 evidence, what does the verdict have to be? Not guilty
0 25 obviously.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0----- ---·· ----------------------:--2-7-2 NB--DI-S'I'R-I-eT-e0URT--------------------- -----------------
D
0 118
0-
:
1
2
Scintilla, you hear that in legal case law,
that's any amount of evidence.
G 3 Reasonable suspicion, that's a higher level
0 4
5
of proof. That's enough -- that's what an officer needs
to stop a vehicle, talk to you, things of that nature.
0 6 Probable cause. Probable cause is a level
7 of proof that an officer needs to arrest a person. Okay.
[J 8 Doesn't need beyond a reasonable doubt. Doesn't even need
0 9 a preponderance. Okay. But they do have to have probable
10 cause. Okay.
0 11 But does an arrest equate to a guilty
8 12
13
verdict in a jury trial?
VENIREPERSONS: No.
0 14 MR. GRAY: It doesn't. And can you see
u 15
16
you know,
arrested.
sometimes, you know, an individual may be
For example, in DWis, this happens sometimes.
0 17 A person is arrested. They go to jail. Then, we have a
18 jury trial. Okay? Maybe the person is found guilty.
0 19 Maybe they're acquitted. But at that point, isn't the
20 focus a little bit different on the streets?
0 21 Wouldn't we want the level of proof in a DWI
0 22 to be beyond a reasonable doubt before you could arrest
23 somebody? No, we wouldn't. We want to get th~m off the
B 24 streets, right? We want to ~rr on the side of caution.
0 25 Does everybody see that? Okay.
DENISE C.PHILLIPS, CSR
_Q_ --·--- -- - ----·---· _____________<:;~~~~~~1-~~~~~T~~:~-~~~~---------- -----------
0
119
1 But I just want to make sure you see the
2 distinction between those.
3 Preponderance, that's the level of proof
4 that you have to have in a civil case. What level of
5 proof is that, anybody?
6 VENIREPERSON NO. 11: The greater weight of
7 the evidence.
8 MR. GRAY: The greater weight of the
9 evidence sounds like what?
10 VENIREPERSON NO. 11: 51 percent.
11 MR. GRAY: 51 percent or more likely than
12 not. Okay. Millions of dollars in verdicts awarded every
13 month in this United States of ours under that level of
14 proof, that 51 percent.
r: 15
16 see in CPS cases.
Clear and convincing, that's a standard you
That's a level of proof that's
r: 17
18
necessary for basically the government to take away your
child. Obviously, a higher level of proof. That is
~i 19 defined as a firm belief that the allegations are true.
20 Well, that's pretty convincing, isn't it? A firm belief
21 that the allegations are true? Is that enough? It's not.
22 What does the level of proof have to be?
23 VENIREPERSON NO. 9: Beyond a reasonable
24 doubt.
25 MR. GRAY: Beyond a reasonable doubt. Okay.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
· - - ·- --- -- · -- -- ·· ---·--- ··-·-··· --2-7·2ND··-DrSTR-ICT--COURT·-C -
0 121
0 1 got her a set that automatically turned off.
2 But do you see how you might have had that
0 3 hesitation in your mind? She had that hesitation. It's a
B 4
5
hesitation I'm talking about.
to,
Okay. It's a hesitation as
"Hmmm, I wonder if I know at that level of proof
0 6 beyond a reasonable doubt that the person committed the
7 offense." Okay? It's that hesitation I'm talking about.
0 8 And does that go to each and every element or to some of
0 9 the elements?
10 VENIREPERSON NO. 11: All of them.
0 11 MR. GRAY: All of them, okay. And that's
0 12
13
why I wanted to make that distinction between the felpny
part. That's an element. You cannot go in assuming that
0 14 anyone has been convicted of a felony. You have to assume
15 that they have not been. Does everybody agree to do that?
0 16 VENIREPERSONS: (Nods heads.)
0 17 MR. GRAY: Okay. And then, the other
18 elements, it's the same standard. Okay.
0 19 So, at the end of the day, if you think he
20 may have done, is that enough?
0 21 VENIREPERSONS: No.
[j 22 MR. GRAY: May have done it?
23 VENIREPERSONS: No.
8 24 MR. GRAY: How about probably did it?
0 25 VENIREPERSONS: No.
DENISE C.PHILLIPS, CSR
0"~:- - --- -------------------------0--c~~-~-~~~~I-~-~~~~T R!!~~~~-R ----------·--- ---------------
0
0 122
0 1 MR. GRAY: Probably is the preponderance.
2 Even a firm belief that the allegations are true, is that
n 3 enough?
0 4
5
VENIREPERSONS:
MR. GRAY: No.
No.
This is critically important
0 6 stuff. And I said this to the last jury I picked. If I
7 could just get 12 people, the first 12 that will agree to
0 8 follow that rule, I'm fine. That's how important that is.
0 9 My concern is that it sounds all great in
10 theory; and then, we get back there; and we don't follow
0 11 that rule. Okay? We have to know about that now because
12 once you get in this box, okay, it's too late. Okay.
0 13 You're going to be sworn as the prosecutor said, to take
0 14 an oath to follow the law.
15 And can you see the problems? You know,
0 16 without hurting your conscience, are you going to be able
0 17
18
to do that if you can't follow the law.
have problems.
You're going to
And then, what's the possibility that
0 19 could occur if you can't come to a decision one way or the
20 other? What happens? It's a mistrial; and then what do
0 21 we have to do? We have to do the whole thing over again.
0 22
23
So, you know, I'm not trying to convince you
to come up with reasons to get off this jury. If you want
0 24 to be on here, we want you on here. But if there's an
0 25 issue that we need to know about, then you need to tell us
DENISE C.PHILLIPS, CSR
0. - - OFFICIAL COURT REPORTER
--------- ~---- -----------· --------------2-7-2ND-DI STRI-C-T-COURT--- ----------- --------------
0
0 123
0-. 1 now. And at the end, I'll give you that option to raise
2 your hand if there's something that we missed.
fl 3 Okay. All right. Any fans of the "Andy
Griffin Show."
0 4
5 (Show of hands. )
0 6 MR. GRAY: Let's say this is a DWI case.
7 And we try a fair number of alcohol cases -- go figure,
0 8 right, in a college town. That's a lot of our clients
0 10
9 that hire us. Let's say that they prove beyond a
reasonable doubt the elements. Person was driving. They
0 11 were intoxicated. They were falling down drunk, above a
12 .OBi but they didn't prove -- they left out the element of
0 13 in a public place -- has to be in a public place.
0 14 What would your verdict be if they didn't
15 prove that one element?
D 16 VENIREPERSONS: Not guilty.
0
'
17 MR. GRAY: Not guilty. But what if he's
18 like the town drunk. Who's the town drunk in Andy
0 19 Griffin?
20 VENIREPERSONS: Otis.
0 21 MR. GRAY: Otis. Barney was probably_my
0 22 favorite character, and that's what I like about it.
23 Black and white television. So, let's say if it was Otis.
0 24 Otis is the town drunk. For those of y'all who don't know
0 25 the show, he would actually sleep in a cell.
DENISE C.PHILLIPS, CSR
He'd let
l) . OFFICIAL COURT REPORTER
1:j- --· ·-- ---· -· ____:._ __ _:_·-------------------2-7-2NI~-B~-S-'I'-R-I·G-'F--GOUR-'I'~---_:_ _________________ - - - - - · c · - - - - - ·
u
0 124
0 1 himself into the cell and sleep it off and wake up the
2 next day.
0 3 So, let's say this guy is drunker than Otis,
0 4
5
falling down drunk; but they didn't prove that one element
in a public place. Would your verdict still be not
0 6 guilty?
7 VENIREPERSON$: Yes.
0 8 MR. GRAY: But what if this is his twentieth
0 9 DWI and this guy is going to kill somebody, same decision?
10 Does it make any differenc~whether it's a traffic ticket
0 11 or murder? No. Ironically, y~sterday I had a traffic
0 12
13
ticket set at the same time-that I had a murder case set.
I sent one of our partners, Dan, to take care of the
0 14 ticket case;· and I took care of the murder case.
15 But the level of proof is the same in both.
0 16 Does everybody see that? Okay. These Constitutional
.
0
'• .
17 rights are imp·ortant for everybody, okay; for any crime.
18 Does everybody see that? Okay.
0 19 All right. And, you k~ow, if you are
20 selected as a juror, you know, I want you to stay back
0 21 there as long as it takes t6 come to the right decision,
rJ 22 whate~er that may be. Okay? If your decision -- if
23 you're convinced beyond a reasonable doubt as to all the
0 24 elements, what is your duty?
0 25 VENIREPERSONS: Guilty.
DENISE C.PHILLIPS, CSR
_Q ________ -----------,---------~~-~~~~~~1~~~-~-~T~~~~~~-ER______________,_____
0
0 125
0- 1 MR. GRAY: You•re duty bound to convict,
2 guilty.
0 3 On the same accord, if one of the elements
are not proven beyond a reasonable doubt, what•s your
0 4
5 oath; or what do you have to do?
0 6 VENIREPERSONS: Not guilty.
7 MR. GRAY: Not guilty. Okay. And that•s
rJ 8 why I say stay back there as long as it takes.
0 9 Something magical happens right about 5:00
10 p.m. in jury trials. It•s interesting. What could that
0 11 be? Why do we have so many jury verdicts at 5:00 and
12 5:05? Any ideas?
0 13 VERNIREPERSON NO. 6: Folks want to go horne.
0 14 MR. GRAY: Yeah, we•ve got to go horne.
15 That•s what we call a compromised verdict, right? Would
1J 16 that make you a little sus~i~ious a little bit, right?
0 17
18
Okay: Maybe it•s just a coincidental timing. I don•t
know, but the long arid short of it is I just want you to
0 19 stay back there as long as you want.
20 The Prosecutor did a really good job I think
0 21 on the Fifth Amendment, going through that. And you
0 22 notice the seats. Some of the folks are excused because
23 of that issue. I just want to make sure we didn•t miss
0 24 anybody. Dbes anybody out there that we may have missed
0 25 on the Fifth Amendment feel that if they do not hear from
DENISE C.PHILLIPS, CSR
-Q-------------~ -------------------~~~~-~-~~~T~~~~~T~-~~~~~~~-------------- - - - - - - - - - -
0
n 126
Q_ 1 Mr. Greer, they would hold that against him in any way?
2 It would enter into your judgment as to gtiilt or innocence
0 3 in any way, even 1 percent? Anybody?
0 4
5
Okay. He gave a few examples of why a
person would not -- might not want to testify. One of
0 6 them I found interesting was maybe on the advice of
u 7
8
counsel.
Okay. I tried a case, it was a public
0 9 intoxication by a guy by the name Doug Supernaw was the
10 defendant. Does anybody know who Doug is? He's a country
0 11 western singer. He was actually really bi~ in his time,
0 12
13
but he's had some pioblems since, and he's been in the
media a lot.
0 14 We were trying the case down at the
15 municipal court; and he was going to testify, every
0 16 anticipation he was going to testify. There was news
0 17. media there and cameras, the reason I believe because he
18 was going testify. I was actually going to have him sing
0 19 the song that he said he was singing. That's why he had
0 20
21
that breach of the peace, and he was arrested.
did not end up doing that.
Okay.
He did not testify, and it was
I
0 22 because I did not believe the State had proven their case
23 beyond a reasonable doubt. Okay.
0 24 And so, can you see how that may be a
0 25 strategic decision. I can assure you he wanted to
DENISE C.PHILLIPS, CSR
_g ________ OFFICIAL COURT REPORTER
----·-------------------272ND--DTSTRTCT-COURT _____________ ---------
D
n 127
D- 1 testify. Doug loves to talk to the media, and he would
2 have loved to sing. I can tell you that. It would have
O 3 been intere~ting. It would have been fun. But I didn't
think they had proven their case beyond a reasonable
0 4
5 doubt.
0 6 So, can everybody see how that may be a
7 strategy. Okay. And just like the Prosecutor alluded to,
[] 8 you know, what's the No. 1 fear outside of the IRS, I
0 9 guess?
VENIREPERSON NO. 1: Might self-incriminate
10
0 11 yourself.
12 MR. GRAY: Yeah. Public speaking,· right?
0 13 Does anybody want to stand up here and do this? No. As·
0 14 the Prosecutor alluded to, even if you're called on, .that
15 makes you feel maybe a little bit uncomfortable. I'm done
D 16 with that, right? I'm not in school anymore. Okay. And·
0 17
18
so, that's why we leave you that option i£ you want to
talk up there at the bench. We can visit with you. Okay.
0 19 Let's talk about witnesses. I anticipate
20 there's going to be a few witnesses. I don't think it's
[]
-------
0 22 But let me ask you this. I have to ask some of these in
23 very specific wording because that's how the case law or
0 24 the law instructs me to ask these. Okay?
0 25 Would anyone automatically disbelieve a
DENISE C.PHILLIPS, CSR
_g_________ -------------------~~~-~~-~~~~-~~~~~T~~~~-~~~~----------------- --------------
0
n 128
[) 1 witness because they had been convicted of a crime if they
2 testified? Automatically disbelief a witness because they
0 3 hadbeen convicted of a crime? Anyone?
Can a person who has been convicted of a
D 4
5 crime still tell the truth?
0 6 VENIREPERSONS: (Nods heads.)
- MR. -GRAY: ---Yeah--;- -Now-;- once they take· the
[] 8 stand and they start testifying, obviously, you can make
0 9 your own decision as to credibility. And who makes
10 while we're on that, who makes that decision as to whether
0 11 somebody's telling the truth or not? Is it the
Prosecutor, me, the Judge? Who makes that call?
0 12
13 VENIREPERSONS: The jury.
D 14 MR. GRAY: Yeah, the jury does. Okay. We
15 don't make that call. You guys decide whether an
D 16 individual is telling the truth or not. If something just
0 17
18
didn't make sense, why would that be?
telling the truth. Okay.
Maybe they're not
0 19 I mean, I'd like to think that everyone that
20 takes the oath would tell the truth, right? Wouldn't it
0 21 be a wonderful world? Does that always happen?
0 22 VENIREPERSONS: No.
23 MR. GRAY: No, it doesn't. Okay.-
0 24 All right. We talked a little bit -- I
0 25 think we've talked some on law enforcement, so I won't
DENISE C.PHILLIPS, CSR
r~l OFFICIAL COURT REPORTER
1::}----- - ------ -~- ~~-~---------~---------~~2 '7-QN-B --B-I-S'I'-RI e'J'~-eoURT-------~---------------------- ----------------------
0
0 129
0- 1 spend a lot of time on that. But let me ask you this one
2 question. Again, I have to ask it in a specific way.
0 3 Who believes that a police officer, if
0 4
5
called to the witness stand, would always tell the truth?
Who out there believes a police officer who's called to
0 6 the stand, takes the oath, would always tell the truth?
-7- -sometime·s -I -get none:·-- Sometimes· I_- get ·a- lot
[] 8 on this one.
0 9 Anybody? On the first row, believe a police
10 officer would always tell the truth?
0 11 Second row? Even Mr. Smith, you're a
0 12
13
security, right?
VENIREPERSON NO. 20: Right. I would say
0 14 no, that's not necessaiily they would all tell the truth.
15 MR. GRAY: Okay. Does the government make
0 16 mistakes sometimes?
0 17
18
VENIREPERSON NO. 20:
MR. GRAY:
Absolutely.·
So, would you wait until you
0 19 heard all the testimony? Would that be fair to say?
20
0 21
Okay. Would everybody agree with that?
VENIREPERSONS: (Nods heads.)
0 22 --MR. GRAY: All right. We've already really
23 covered the felony conviction, so I'm not going to go back
0 24 ovei that. I do want to talk a little bit about the
[J 25 possession and the ownership.
DENISE C.PHILLIPS, CSR
_g_:________ ~--------------------------0~!~-~-~~~~-~~~~~T~~~-~~~~-R______________ -------~----
0
D 13 0
[J 1 The Prosecution spent a lot of time on
2 possession. I think they did a great job; and so, I'm not
f] 3 going to spend a whole lot more time. I may sort of flesh
0 4
5
out some of the same things with y'all.
One, we had a lot of talk about ownership.
0 6 Does everybody understand ownership, that does not equate
7 to possession?
0 8 VENIREPERSONS: (Nods heads. )
0 9
10
MR. GRAY: Okay. I can own something.
can own this, hand it to you; and you willfully take it.
I
0 11 Are you now in possession of it?
12 VENIREPERSON NO. 12: Yes.
0 13 MR. GRAY: Yes. Otherwise, how would we
0 14 ever -- how would they prosecute drug cases? It's
15 manufactured, right? It's distributed; and then, it goes
0 16 from big amounts into smaller amounts where you have the
u 17
18
street dealers .. Okay.
Does everybody see that, that the street
0 19 dealer, he may not own the narcotics, right? He_may be
·o 20
21
holding it for a higher a higher up; but do you see how
that person is still in possession of it? Does anybody
22 got any problems with that?
23 VENIREPERSONS: No.
24 MR. GRAY: Okay. Ownership does not equate
25 to possession. Okay. We had the house example, which I
DENISE C.PHILLIPS, CSR
fl OFFICIAL COURT REPORTER . '
SJ------- ------ ---------------------------2 7 2ND--nr-sTRTCT-COlJRT ______________________ ----------------
0
131
1 think was real good. I think ii was -- was it, Ms. Welsh?
2 You had some issues or some problems with a roommate; is
3 that right?
4 VENIREPERSON NO. 9: Uh-huh. Yes, sir.
5 MR. GRAY: Okay. There's a lot of marijuana
6 in this community. More so than I guarantee you most of
7 you folks would ever want to know. I know, they know,
8 because we prosecute and defend these kinds of cases.
9 Okay. So, that's a common deal in college-type
10 situations, and I've had people that have even had prior
11 convictions have gone straight and what are their
12 roommates doing? They're still continuing· to smoke
13 marijuana or use marijuana. And that is a problem.
14 But it falls down io the facts of the case,
15 right? Just like the Prosecutor :said, it would be one
16 thing if ~he marijuana was in an open area, right? It was
17 on the dining room table. Everybody had access to it.
18 Could you see how multiple people might be in possession
19 of it? Okay.
20 What if it was hidd~n in the roommate's
21 closet in her purse? Could you see how the other roommate
'
22 would not have possession of that? Does that make sense?
23 Okay.
24 What if, though, the other roommate knew
25 about it? Is that enough? Knew the other person had the
r-------- DENISE C.PHILLIPS, CSR
---------------------0~-~-~~~A~I~~~~~T R~~g:~ER ___________________
0 132
n
u 1 marijuana in their purse in their closet, is that enough?
2 No. Okay. You have to knowingly possess it. Okay.
D
-I·' 3 Juror No. 10, Mr. Smith?
0 4
5
VENIREPERSON NO. 10:
MR. GRAY:
Yes, sir.
Reach under your chair for me, if
0 6 you could, all the way back. Okay. You've got to keep
7 going. Anything back there?
0 8 VENIREPERSON NO. 10: If I can get to it.
u
n 9
10
MR. GRAY: All right.
VENIREPERSON NO. 10:
What is that?
Either a kilo of
0 11 cocaine or a box of Kleenex.
0 12
13
MR. GRAY: That was the same kilo of cocaine
or box that was sitting right up here. Well, come on now.
0 14 Y'all saw him sit it here. Didn't you wonder where it
:o 15
16
went?
down?
Didn't you check under your chair before you sat
D 17
18
VENIREPERSON NO. 10:
MR. GRAY:
No.
Kind of set him up. I made sure
0 19 it wasn't any of the females because you put your purse
under there, and you might have saw it. But does
0 20
21 everybody see the point I'm trying to make? Do you always
0 22 know necessarily what's in your house or what's in your
23 car if others have used it? Who out there has kids that
0 24 drive?
0 25 (Show of hands . )
DENISE C.PHILLIPS, CSR
-8-----~-- ----------------~0-~-~~~~~~T~~~-~-~T~~-~g~~-E_R______________ ----------
u
0 133
n. _ 1
sometimes?
MR. GRAY: Do they use your vehicle
Each time when they get home do you check
2
p
.,:;J 3 their vehicle? No? Some folks might. So, can you be
0 4
5
assured if you then take the victim to go fill it up with
gas that you know every single belonging in there? No.
0 6 Okay. So, does it -- does it depend on the
7 facts? Okay. We don't get to talk about the facts here,
0 8 but I can assure you that's all we're going to be talking
0 9 about, or that's most of what we're going to be talking
10 about in a criminal case. Okay. So, you will get to hear
0 11 all that. All right.
0 12
13 Objections.
All right. Talked about credibility.
If either side feels that the other side is
0 14 not playing by the rules or it's not going the proper
15 predicate or something of that nature, then we can object.
0 16 You've seen that on TV shows or whatnot.
0 17
18
You know, it's something that we have to do.
Both sides have to do that. Is that anything that you
[} 19 would -- I apologize. I know it's distracting, and we'll
20 try to keep it to a minimum, but is that anything that any
:o 21
'
of you-all would hold against me and even more importantly
0 22 against my client, Mr. Greer? Anybody?
23 Do you understand why that's something that
D 24 I would have to do? Okay. You know, if you were on -- if
0 25 you were the accused, would you want your lawyer to
DENISE C.PHILLIPS, CSR
Q~------- ----------~--~~-~-~~~~~-I-~~~~-~T~~~~:~~-------·---11~-------
0
n
L_.
134
[l- __)
1 object? Of course.
2 All right. Let's talk a little bit about
n 3 technicalities. Let's say that we have a burglary of a
4 home, and they allege in the indictment -- does everybody
D 5 know what an indictment is? I teach criminal procedure at
0 6 Blinn to some legal assistants/ and we're going through
7 informations and indictments.
0 8 An indictment is basically a piece of paper.
0 9
10
It's pink. It's the formal charging instrument that the
State uses to charge an individual with a crime. The
0 11 State of Texas -- not all states -- but in the State of
12 Texas, you have a right to an indictment on any felony
0 13 case. Okay. It spells out those elements that they have
0 14 to prove. Okay.
15 Let's say in the indictment, that this is
0 16 the burglary of a habitation, burglary of a home case; and
0 17
18
they allege that the person broke into this home; and they
stole a VCR. That's what the indictment says.
0 19 They get their witnesses. They come in.
20 The police officer testifies. The owner of the home
0 21 testifies, and he testifies that, yeah, something was
0 22 stolen. It was my DVD player. Then they rest.
23 Now, have they proven beyond a reasonable
8 24 doubt the person broke into the house and stole a VCR?
0 25 VENIREPERSONS: No.
DENISE C.PHILLIPS, CSR
lr
-;
.
--~----·~
OFFICIAL COURT REPORTER
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0
n 135
0 1 MR. GRAY: So, what would the verdict have
2 to be?
[] 3 VENIREPERSON NO. 11: Not guilty.
Isn't that
0 4
5
MR. GRAY:
just a technicality?
Not guilty.
Isn't that lawyering?
Okay.
I mean, they
0 6 still broke into the house, right? Why not just convict
7 ~he guy? Because the big stuff they proved, right? They
0 8 proved he broke into a house. So, do we really care what
0 9
10
he stole?
stuff?
Is that a technicality, or is that important
0 11 Upstairs in the 36lst I was trying a case.
I think it was two years ago, and the Judge said -- I
0 12
13 think he had heard it from another lawyer -- "that those
0 14 technicalities," he said, "I call those the Bill of
15 Rights." Okay. So, are they technicalities? Yeah, but
0 1.6 they're a big deal. Does everybody see that?
0' 17 VENIREPERSONS: Yeah.
18 MR. GRAY: Okay. You know, if we start this
h
u 19 sliding slope; and we don't take this oath seriously; and
[J 20
21
we dori't hold the State to the burden, I mean, what's
next, right?
0 22 I mean, I want you to just envision if a
23 .person is wrongfully accused. You know, wouldn't you want
B 24 the level of proof to be beyond a reasonable doubt and
0 25 that that jury follow the law? Wouldn't you want that?
DENISE C.PHILLIPS, CSR
-Q---------~-------------~--~~-~-~-~-~~~~-~-~~~~T~~~-~-:~~R-----~~----~-11-----~~-
0 136
u
tn
1
2
Okay. That's all we're going to ask you to do.
Okay. The Judge is going to give you -- you
A " ..'! 3 get to hear the facts; and the Judge is going to give you
4 the law, okay, on how you apply that law to the facts of
B 5 the case. So, there won't be a bunch of questions. All
[J 6 you have to do is follow that law, and that's what we're
7 asking you to do.
n
,_-
8 All right. I want to talk to a few
0 9
10
people -- as the Judge indidat~d,
the jury, it's -- this is Juror No. 1.
the folks that end up on
So, you're in the
D 11 hot seat. Okay. And then whoever is left over, we start
12 here, and it's 1 through 12. Okay. So, the back row,
0 13 Juror -- is it 60? How do you say your name?
[1 14 VENIREPERSON NO. 60: Hudspeth.
15 MR. GRAY: You're the least likely person to
:o 16 be on this jury. Probably the whole back row because we
0 17
18
just won't get to you.
ten strikes.
We'll run out of strikes.
They get ten strikes.
I get
Ten and ten is 20.
r-r.
u 19 We've got to have 12 people on the jury, so where does it
20 stop? The first 32. Well, there may be some issues
D 21 because we sometimes double strike, but that's pretty
0 22 close to the way it works.
23 Let me ask some other folks.
B 24 Ms. Cox, you worked at -- do you work at
D 25 Wal-Mart currently?
DENISE C.PHILLIPS, CSR
_g~ OFFICIAL COURT REPORTER
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·o
0 137
o. 1 VENIREPERSON NO. 1: Eighteen years cashier.
2 MR. GRAY: Eighteen years. Wow. You were
D 3 probably there when I was there. I worked at the Super
4 Center; and then, before it was the Super Center, and
5 then, I also worked at the College Station store; and
0 6 then, I went to the home office after college.
7 Any question that the Prosecutor asked or I
D 8 asked that you need clarity on 'at all, or is everything
0 9 other than what we-talked about at the bench? You think
10 you can be fair to both sides in this case?
G 11 VENIREPERSON NO. 1: Yes, sir.
0 12
13
MR. GRAY: Let me see.
were a teacher in Chapel Hill?
Ms. Nelson, 39, you
0 14 VENIREPERSON NO. 39: Yes, sir.
15 MR. GRAY: Okay. Do you know a guy by the
0 16 name of Doug Hone?
0 17
18
VENIREPERSON NO. 39: No, sir.
MR. GRAY: He's actually the JP there at
19 Chapel Hill now, Justice of the Peace. He went to A&M
20 with me. He also owns Chapel Hill Sausage Company.
21 You're aware of the sausage company. Okay.
22 You had some issues, I think, with the Fifth
23 Amendment, wanting a person to testify. Now, that I've
24 kind of explained some of the reasons as to why a person
25 might not want to testify, has that -- has that changed
DENISE C.PHILLIPS, CSR
_g____·____ --·-------------------0~-~-~~-~~~l-~~-~~~T·~·~~-~:~E_R__.____________
0
0 138
0.- 1 your viewpoint at all; or would you still need to hear
2 from that person?
0 3 VENIREPERSON NO. 39: I would think it would
be the wisest decision to testify.
0 4
5 MR. GRAY: Okay.
0 6 VENIREPERSON NO. 39: I understand the law.
7 I'm just saying what I would consider the wisest.
0 8 MR. GRAY: Yeah. And the way it will work
0 9
10
is is that the Judge will give you that law, and that will
be one of the things that will be in there if he so
D 11 chooses. And it's his ultimate choice; but obviously, I'm
here to advise. Okay.
[} 12
13 Now, if he does not testify, then you would
0 14 get that instruction. You cannot hold it -- you cannot
15 consider it for any reason. Okay.
[J 16 VENIREPERSON NO. 39: Yes.
-
0 17
18
MR. GRAY: And in doing so, if that person
was to bring it up, the other jurors have to tell them not
n
u 19 to. Okay. So, that's -- that's a concern. I don't want
20 a situation where anyone is in this box; and then, where
0 21 do you go, right? You can't make that decision.
0 22 So, would you be able to follow that law if
23 given that law_by the Judge?
0 24 VENIREPERSON NO. 39: Yes.
0 25 MR. GRAY: Okay. Anyone else out there have
DENISE C.PHILLIPS, CSR
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______________ _ ·---·--·--
0
D 139
0-- 1 any problem as to the Fifth Amendment? Some reason we've
2 got a lot more hands in this panel than anyone I'm
D 3 normally come across on the Fifth Amendment.
4 This is sort of -- we don't go back and
D 5 forth. It's not like TV. They don't get a shot; and
D 6 then, I get a shot; and we do this all day. When I sit
7 down, we're done. All right. So, I've got to know. He
0 8 may have left something out, I may have left something
0 9 out.
10 I was picking a jury. I actually tried a
G 11 murder case from the prosecution side. I was actually a
prosecutor twice and a defense attorney twice with the
0 12
13 D.A. 's office, so I've gone back and forth.
0 14 I was prosecutor, I think, for five years
15 the last time I was with the D.A. 's Office. I was trying
0 16 a case with Jay Granberry. It was upstairs. It was a
0 17
18
murder case.
of testimony.
We ended up -- I think it was the last day
I had two officers corning in from Houston
0 19 to testify. We were through with the trial. It had been
20 a week-long trial. And we ended up working out a deal.
0 21 Sometimes that happen. We got back, and we interviewed
0 22 the jury panel, which I do in every single case. I always
23 talk to the jurors afterwards if they want to talk.
8 24 And one of the jurors said, "Oh, thank
0 25 goodness, you settled this thing because I'm on so many
DENISE C.PHILLIPS, CSR
-~--~--------- _______________________o_;~;~_;_~~~3:~~~~~T R!~~~~-~~---------- _______
0
l 140
J
l 1 antipsychotic drugs; and I don't think I could have made
2 it another day. "
lL
J 3 Well, from the prosecutor's standpoint - I
4 was the prosecutor then -- you could understand why, well,
J
5 I guess, I should have asked that question.
~
J 6 My point is is that I may -- I may have
7 forgotten something or the Prosecutor may have forgotten
J 8 something. Okay. And we can still talk about it at the
~
9 bench if you want. We don't want to embarrass you.
u
10 That's not our purpose. But we just want to make sure
n
u 11 that we get a fair and impartial panel for both sides. can
n
,, 12 everybody agree to do that?
!J
13 Okay. Did I leave anything out? Anybody?
J 14 Okay. Does anybody know either one of the prosecutors or
15 have a close affiliation with the District Attorney's
u 16 Office? Anybody?
~ 17 VENIREPERSON NO. 37: I have a niece that
18 works for Marc Hamlin's office.
J 19 MR. GRAY: Okay.
n 20 THE REPORTER: I can't see his number.
u
21 THE COURT: And your number? He said he has
n.
22 a niece that works for Marc Hamlin.
J
23 THE REPORTER: Thank you.
J 24 MR. GRAY: And that would be the District
1I· 25 Clerk's office. They obviously work with the D.A. 's
J
DENISE C.PHILLIPS, CSR
J~~-------- -------~~-------~----~~~~-~-~~~T~~~-~~T~~~~~~~E_R___________~ _______
J
141
Office as well. Any problems with that at all?
VENIREPERSON NO. 37: No.
MR. GRAY: I have a close affiliation with
the District Attorney's Office. I work with them all the
time. I used to work there. Okay. That's not the issue.
The issue is whether it will bias you in any way. Okay.
And we talked about bias not in the -- it's
not any kind of a racial kind of thing bias. What we're
talking about is do you have strong feelings about the law
one way or the other, okay, such that it would affect your
ability to serve on a jury? Okay?
Is there anything I left out?
Okay. We've got a student of mine,
Ms. Henry; is that right?
VENIREPERSON NO. 23: Uh-huh.
MR. GRAY: Okay. Anything about me being
your instructor at one point --
VENIREPERSON NO. 23: No.
MR. GRAY: Hopefully, I gave you a good
grade. Okay.
All right. Well, I'll sit down. Thank you.
THE COURT: Let me have the lawyers come up
just a minute.
(Bench conference:)
THE COURT: I'm thinking about letting 54
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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J
142
1 through 60 go.
2 MR. CALVERT: Yes, sir.
3 MR. GRAY: I agree.
4 (Bench proceedings concluded.)
5. THE COURT: Jurors No. 54 through 60, you
J 6 are excused. You can leave the courthouse. You do not
7 have to return. Have a nice day.
J 8 (Venirepersons Nos. 54 through 60 excused.)
9 THE BAILIFF: As you're going out, please
J
10 leave your number on the last chair as you're going out.
11 THE COURT: The rest of you, we're going to
12 take probably a break of about 30 minutes. It could run a
13 little longer, to talk to some of you one-on-one. I don't
14 think there will be many of those. And then the lawyers
15 will strike their lists, and we'll bring you back in and
16 announce the jury. So, take a ten-minute break and then
17 gather outside the door and let's see if we need to talk
18 to you.
19 THE BAILIFF: As you're going out, place
20 your card on the last chair of your row. If you're going
21 out this way, place your card on the last chair of your
22 row.
23 (Venire panel retired.)
~ 24 (Off-the-record discussion.)
~ 25 (Short recess.)
DENISE C.PHILLIPS, CSR
~-· OFFICIAL COURT REPORTER
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0
n 163
0-- 1 the indictment. And then the lawyers give their opening
2 statements. That's Stage 2.
G 3 Opening statements are just their
0 4
5
opportunity to kind of give you a road map, an overview of
the case so that when the pieces start to come in, they
8 6 either fit or they don't fiti and you'll have an overview
7 to kind of know in advance what's coming to you.
n 8 The third part of the trial is the
D 10
9 presentation of evidence.
They present their witne~ses,
The Sta'te gets to go first.
and Defense cross-examines.
D 11 And then the Defendant, if he chooses to, can put on
0 12
13
evidencei and the State has an opportunity to
cross-examine. Then it goes back to the State. They can
0 14 put on what's called rebuttal witnesses and then back over
15 to the Defense, and they can put on sur rebuttal
I1 16 witnesses. So, sometimes_it goes back and forth two or
' -:u 17 three times befo-re each side rests and closes their case.
18 Once that happens, that completes Phase 3 of
-0 19 the trial.
20 Phase 4· is the Court's Charge. You'll be
D 21 given a copy of the Court's Charge. That's-the law of the
0 22 State of Texas, and I'll read that to you word-for-word,
n 23
24
and you'll hear the law.
And then, finally, the last phase is the
0 25 jury arguments of the attorneys. Both sides have a chance
DENISE C.PHILLIPS, CSR
r;_--------t============O::F::::F:.:I:.:C:::I:::A::L~C:::O_::U_:::R:::T::::R::::E:_:P:O:R:T::E=R===:z=====1
-'.6( _______ 2'i'2ND DTS.TRLCT__COURT , _- - - - - -
0
0 164
~J 1 to sum up their case and try to persuade you to their side
2 of it.
o· 3 So, those are the five stages of the trial.
4 Let me read now these other instructions
0 5 beginning in the middle of Page 4.
a 6
7
(Instructions read by Court.)
THE COURT: We'll start in the morning at
D
"r 8 8:30; and we'll go until about noon and stop at noon, take
D 9
10
at least an hour for lu_nch. And then, we '11 come back at
1:15 or so or 1:30 and begin the afternoon.
·o 11 We usually give like one break in the
12 morning, sometimes two, and usually two, sometimes three
[J
13 breaks in the afternoon. So, those breaks are, like, ten
D 14 minutes. Sometimes they turn into longer than that. You
15 might want to bring a book to read or something if you're
D 16 sitting doing nothing for 20, 30 minutes. Those things
0 17
18
happen during trials, ladies and gentlemen.
We will supply some note pads for you and
0 19 writing instruments so you can take notes during the
20 trial, if you choose to do so. There are rules that
D 21 control how you can use those notes in the deliberation
0. 22 phase of the trial, but you're welcome to take notes if
23 you desire to.
D 24 If any of you get under any pressure or
0 25 stress of any kind, like a panic attack -- we have had
DENISE C.PHILLIPS, CSR
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__R__________________ _
0
D 165
[J 1 that happen -- or need to go to the bathroom or any kind
2 of health situation, just raise your hand. We'll stop the
B 3 ·trial and let you leave and go recover or whatever you
4 need to do.
A 5 This trial will probably be over -- could be
B 6 over late tomorrow; but my guess is probably Thursday.
7 So -- and I can't guarantee you won't go into Friday,
D 8 although that's not expected. We will certainly be
D 9
10
through this week.
Anything from either side before we excuse
0 11 the jury for the afternoon?
MR. CALVERT: No, Your Honor.
0' 12
13 MR. GRAY: Nothing from the Defense, Judge.
0· 14 THE COURT: All right. Ladies and
15 gentlemen, y'all are now excused. Go with Ernie, and
io 16 he'll show you how to come into the jury room tomorrow,
..
D 17
18,
and we'll see you at 8:30.
(Jury retired.)
-~ 19 THE COURT: Anything else to take up this
20 afternoon or now?
0 21 MR. GRAY: I think we're good on this side,
0 22 Judge.
23 MR. CALVERT: This doesn't have to be on the
0 24 record.
\.
0
\.
25 (Off-the-record discussion.)
DENISE C.PHILLIPS, CSR
~D--
OFFICIAL COURT REPORTER
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0
0 166
[\ 1 MR. CALVERT: And just to educate the Court,
2 this case began with essentially a traffic stop. A
[lJ 3 vehicle the Defendant was driving and his girlfriend was
n 4
5
in the vehicle with him. They both at the time had
warrants, active warrants for their arrest for burglary of
-~
\~' 6 a habitation. That was the reason for the stop.
l)'
7 The officers were looking for them to
Q 8 execute thos~ warrants. After the stop was made, they
[l 9 arrested the Defendant and his girlfriend. During an
10 inventory search is when the gun was found. It's our --
'0 11 THE COURT: Where was the gun found?
0
12
13 tr~k
MR. CALVERT: It was in the Defendant's
in the backseat in a jacket pocket.
---
0 14 THE COURT: Who was driving?
15 MR. CALVERT: The Defendant was.
0 16 THE COURT: All right.
0 17
18
MR. CALVERT: At this point, we are not
going to illicit any evidence as far as what the warrants
0 19 were for, what type of offense they were for or anything
20 like that. I have certified copies of both warrants.
0 21 THE COURT: What were they for?
~
u 22
23
MR. CALVERT: Burglary. That case ended up
never being prosecuted, but they are for burglary.
0 24 THE COURT: All right.
a I
.!::J
25 MR. CALVERT: I will be offering both of
DENISE C.PHILLIPS, CSR
-0-~---
OFFICIAL COURT REPORTER
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0
167
1 those warrants for record purposes only, not for the jury.
\ . _.·
2 THE COURT: Were those cases just refused
3 for prosecution or dismissed? '
4 MR. CALVERT: I don't know if they were
5 declined if they were ever even submitted for pro~ecution.
i.
1'
6 ~-was a B~yan ~D case. It never went anywhere.
\
7 THE COURT: Do you have any objection to all
8 of that?
9 MR. GRAY: No, Judge. I mean, if there's
10 you know, there may be some procedural evidentiary, you
11 know, hearsay, that kind of thing; but I'm not going to
12 object to -- you know, if they're going to limit it to
13 just the warrants
14 THE COURT: The warrants, the mentioning of
15 the warrants
16 MR. GRAY: Then, yeah, I think that's fine.
17 THE COU~T: Okay.
18 .''- MR. GRAY: Judge, I have filed a timely
f9 suppression he~ring. I'm not requesting that we have a
20 separate hearing. ,
21 THE COURT: We'll carry it along by
22 agreement, and I'll rule on it whenever you ask me to.
23 MR. GRAY: Okay.
24 MR. CALVERT: Judge, the only other.issue
25 THE COURT: What is the basis of that
DENISE C.PHILLIPS, CSR
~------ ~~--~- ------~~-----~---------~-0-~!!-~~-~~~:E-~~~!~T~~~~-:~~~R~--------~--~----~ ----~-
} 168
1 motion?
1-- .
2 MR. GRAY: The suppression hearing, a couple
~
J 3 of things. The basis of the stop, Judge.
~
4 THE COURT: The basis -- so, the reasonable
5 articulable suspicious, the stop.
} 6 MR. GRAY: Yes. The basis for the stop.
7 And then, also, the basis for the search. I believe the
r
:y'
8 testimony
[\
9 THE COURT: Inventory search.
u
10 MR. GRAY: -- will be that it was an
~ 11 inventory search, right, not a search incident to arrest.
THE COURT: Why do you contend that a -- if
~~
12
13 there's a warrant out for them, and they arrest both of
l 14 them, there wouldn't be an inventory search?
15 MR. GRAY: Oh, there would be, Judge; but
u 16 they're also required to follow their policy.
r J
. 17
18
THE COURT:
MR. GRAY:
Okay.
So, there may be some questions
~
ij 19 on that.
20 THE COURT: Okay. I understand. Now, are
~
CJ
21 you going to want to do some of that outside the presence
R
22 of the jury when the time comes; or is it all going to be
u
23 okay in the presence of the jury?
~ 24 MR. GRAY: I think it's all going to be
~ 25 fine, just that urging, .after they close their case so as
J
DENISE C.PHILLIPS, CSR
~~--()
OFFICIAL COURT REPORTER
__ -------------------2---'7-2-N-tl--IH-S-'f-R-I-G--T-80UR-'I'---
.l
J
0 169
fl-- 1 to protect- the record.
2 THE COURT: All right.
G 3 MR. GRAY: And I think we're fine.
4 MR. CALVERT: Judge, the only other
0 5 potential evidentiary issue I know of right now is,
8 6 obviously, it's an element of the offense that we have to
7 prove that the Defendant is a convicted felon, that he is
0 8 at least within five years of his discharge from
[] 9 supervision or incarceration.
10 I talked to Earl, and I guess you still
0 11 don't know whether y'all are going to stipulate
12 MR. GRAY: I don't think we can.
0 13 MR. CALVERT: Okay.
0 14 MR. GRAY: So, you.'li probably need to prove
15- that up.
0 16 MR. CALVERT: Okay. Just to kind of give
- . - ..
0 17
18
the Court a heads-up, in case there's any other objection
we can take it up now if we need to. We're going to prove
0 19 up through a Judgment that the Defendant was convicted of
20 possession of methamphetamine in Grimes County in 1997 for
0 21 which he- received a 4 0 -year sentence. And so, we're going
[J 22 to have to put that in in order to satisfy that elemental
u 23
24
retirement that he's within
of his discharge from supervision.
~- at least within five years
0 25 THE COURT: You put in 40 years?
DENISE C.PHILLIPS, CSR
-0~------- -------------------0~~-~-~-~~~~~~~~~~~~~g_:~'----E_R_____________ _
D
170
l
_MR. C~LV~R'J': I think h_ave to, Judge,
J-. 1 w~
2 THE COURT: You got any objection to that?
~
J 3 MR. GRAY: I •m sure I will at least under,
~ 4 you know, 403.
i'u
5 THE COURT: All right.
~
6 MR. GRAY: Unduly prejudicial, but I
d
7 understand --
~ 8 THE COURT: But if it•s an element of the
~ 9 case, I don•t see that I have an:y option.
u
10 MR. GRAY: No, but I guess it depends on
~ 11 what all is contained in the Judgment. You know,
12 sometimes we have issues; and I'll -- I don•t -- I don't
~
ii
J
13 think it's going to -- this was a jury trial; but if we•ve
~ i
14 got a revocation and things of that nature, some of that
u
15 stuff may need to be excised. I don•t
~
u 16 THE COURT: All right.
R 17 MR. GRAY: :t donTt--Ehirik that th.at.is
u
18 necessarily
J 19 MR. CALVERT: Well, I will say just kind of
n 20 in that regard, and we can do this tonight or this
u 21 afternoon just so it's ready to go in the morning,
~ 22 contained in the certified copy of the Judgment, that case
u
23 was also a 25-to-life case. So, there's two enhancement
l~ 24 paragraphs that are listed in the Judgment.
~ 25 And assuming you don•t have any objection to
~
DENISE C.PHILLIPS, CSR
r OFFICIAL COURT REPORTER
~ 272ND DISTRICT COU~T
J
1
2
us redacting those because that's what he was convicted of
on the two prior cases, and we will redact that so that
171
\
3 all the jury will see is just the one case, the possession
4 of methamphetamine and the 40-year sentence.
5 THE COURT: Now, what -- tell me -- explain
6 the law to me, again, on this five-year thing. What do
7 you have to prove? What is that element?
8 MR. CALVERT: We have to prove that either
9 you're still -- still on supervision of some kind or that
10 it hasn't been more than five years since you've been off
11 supervision.
12 THE COURT: Okay.
13 MR. CALVERT: So, you're at minimum within
14 five years. There's another way to do it, too. You can
15 possess a firearm in your home after five years, but you
16 can't possess it somewhere other than your home. But the
- ·- ... ---- -· . - --· -· - . -· ....
l 17 paragraph of the statute that applies in the case is you
u
18 have to be at least within five years of your discharge
n
u 19 from incarceration or some type of supervision, whichever
20 comes later. So, obviously, if you're still on
21 supervision, that qualifies as long as you've been finally
22 convicted.
23 THE COURT: All right. That's fine.
24 Now, on the charge, are we going to have any
25 issues therei or is it pretty cut and dried?
DENISE C.PHILLIPS, CSR
~ OFFICIAL COURT REPORTER
~--- _ ~--~- ---~~--~------~-----222ND~D.IS.TRI.CT--COURT---~---------- ------------
J
'1 172
J
n
1 MR. CALVERT: I think it's pretty
!J
2 straightforward as far as that goes.
J 3 MR. GRAY: Yeah, I don't see any kind of
4 lesser includeds or anything at this point, _Judge. So
~ 5 MR. CALVERT: No, sir.
~ 6 THE COURT: No lesser included because
7 you're not going to try to claim you don't have a previous
~ 8 conviction?
9 MR. GRAY: Well, I'll probably.try to argue,
u
1() but I'm going to see how the --
~ 11 THE COURT: So, if you produce a scintilla
12 that you haven't been convicted, there could be a lesser
J 13 included?
14 MR. CALVERT: Well, I don't think so, Judge,
u
15 because if he's not convicted, it's not a crime to possess
~ 16 it. I mean, you can have a gun --
--
~
17 THE COURT: What about unlawful unlawful
18 carrying of a weapon is not a lesser included?
~ 19 MR. CALVERT: Not in your car.
20 MR. GRAY: Not .:._- yeah, not --
~ 21 THE COURT: When he's traveling.
~ 22 MR. GRAY: Not as of this date. And that
23 would have been --
J 24 MR. CALVERT: It's 2012. You don't even
~
25 have to be traveling anymore. They did away with that.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
~--------- 2 7 2ND · DIS_TRLCT____CO.URT
J
l
J
173
You can just carry a gun in your car now.
l-- 1
2 MR. GRAY: That's true.
~
J 3 THE COURT: Really? I didn't know that.
~
4 MR. GRAY: Yeah.
5 MR. CALVERT: Yes, sir.
~ 6 THE COURT: I might just put mine in.
·7 MR. GRAY: It. makes no sense, I think, to
~ 8 get a concealed carry permit because the places that you
~ 9 can't take it into, you still can't take it.
10 THE COURT: Oh, I agree.
~ 11.. --· MR. CALVERT: Well, you can and we can,
because Judges and Prosecutors can; but other people
~
12
13 can't.
J 14 THE COURT: Well, now, in order for a Judge
~
15 to do it, we've got to have a concealed to carry, though,
il
u 16 don't we?
n 17 MR. CALVERT: No, that's what I'm saying.
~ ,\
18 Judges and Prosecutors have specialized -- this doesn't·
~ 19 have to be on the record.
20 (Off-the-record discussion.)
~ 21 THE COURT: All right. We'll see y'all at
~ 22 8:3 0 0 No other motions in limine for either side?
23 MR. GRAY: No, Judge, the only issues that I
~ 24 can see as far as the limine is going to be with his
~
25 priors; and I think we're going to -- we'll handle that on
DENISE C.PHILLIPS, CSR
~-------- ----·-·---------------0-~~-~~~-~~T~~~~~T~~;g=~"=~~E__R_______________ - - - - - - - - -
1
n 174
1 our own. We'll approach.
0---,
2 THE COURT: All right.
D 3 MR. CALVERT: Yeah. We have no intention --
4 obviously, if he doesn't testify, we have no intention of
0 5 going into any priors other than the one that we're
0 6 required to going into for the element.
7 THE COURT: Okay. We'll see y'all in the
0 8 morning.
0 9
10
(Evening recess.)
0 11
12
0 13
0 14
15
0 16
0 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
-0--------_____________________,o~~~~~~:E-~~~~~T~~~~~E_R _____________,_______
0
175
0
1 THE STATE OF TEXAS
0--
2 COUNTY OF BRAZOS
0 3
4 I, DENISE PHILLIPS, Official Court Reporter in and for
D 5
the 272nd District Court of Brazos, State of Texas, do
hereby certify that the above and foregoing contains a
true and correct transcription of all portions of evidence
B 6 and other proceedings requested in writing by counsel for
the parties to be included in this volume of the
7 Reporter's Record in the above-styled and numbered cause,
D 8
all of which occurred in open court or in chambers and
were reported by me.
D 9 I further certify that this Reporter's Record of the
proceedings truly and correctly reflects the exhibits, if
10 any, offered by the respective parties.
0 11 I fu~ther certify that the total cost for the
preparation of this R~orter' s Record is $ ~~~e.o and was
0 12 paid/will be paid by ~Y"'~1...0~ Q.c~ .
\
13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of
0 14
May, 2013.
0 !)~~~ \)Q,u~.o)
15
16
D 17
Texas CSR 6482
Official Court Reporter
272nd District Court
D 18
19
Brazos County, Texas
300 East 26th Street, Ste. 204
Bryan, Texas 78703
0 20
Telephone:
Expiration:
979-361-4221
12/31/13
0 21
22
0 23
24 CERTIFIED
0 25
TRANSCRIPT
Q___- ~------ --------------~----"D""-'E,._,N"'-'I,.._,S_E_C_._PHILLTPB_,_CSR__________________
OFFICIAL COURT REPORTER
2·72ND DISTRICT COURT
0
D State v. David Duane Greer 11/13112 Vol 3
108/2 108/6 108/10 108/15 113/16 157/8 157/14 157119 157/23 I58/2 9:00 o'clock [I] 18/5
1 - ' - - - - - - - - - - - - i 114111 158/13 158116 158/21 159/5 159/9 fo=:9~=3~o'-'-r~:I1_:.::18::.:15'--------;
0-- .
-
p·o""8'-'-r~:tl'--'-"I2""3:..:.11-=-2------i23 1121 13/IO 13115 13/19 13/23
1 - / - - - - - - - - - - ; I411I5 I411I8
f'-'/s'-'r""':ll~I7'-=5"-'/1"'-5--------i24 [24) 55/7 55/I I 55/16 55/21
159/11 159115 159116 159117
I3/25 I5/20 I5/25 I6/5 I6/7 56/3 I69/25
40-second (1) I53112
40-year (2) 169/21 I7114
A
1-----------i
abide (2) 8I/17 152/11
ability [6) 61124 62/2 10119
55/25 75/25 76/4 76118 77/I 77/4 403 [1) I70/4 I I0/13 I41/I I I51125
1-~----------; 99/9 I08/16 108117 108/20 108/24 41 (5] 31125 90/20 157/5 159/13 able [11) 7/24 9/8 19/12 47/9 79/1
10 (14) 29/129/4 29/6 29/10 57/6 109/::i 109115 109119 110/5 110/10 159/18 83/25 103/5 122/16 138/22 148/19
6114 61/13 61/15 75/13 132/3 ·110/15 J-10/20 ]-I0/22 11114 42 (10] 31117 31!21 65/22 65/23 -I55/20 -
132/4 132/8132/10 132/17 24007265 [1) 2/10 65/25 66/9 84/24 85/18 86/11 about (204]
10-13-00049-CR (1) 1/4 24036308 (1) 2/4 90/17 above [4) 1/15 123/I 1 175/5
IOO [I) 63/10 24077302 [1) 2/5 4221 [2) 1124 175/19 175/7
I03 [I) 2111 25 (14) 54/7 54/10 54/15 54116 43 (4) 83/15 90/5 143/6143/9 above-styled [1) 175/7
11 [24) 28/18 28/20 34/20 34/23 54/17 54/20 54/22 55/1 55/3 55/5 4320 (1) 2/7 above-titled [1) 1/15
0 35/4 36116 37/8 37112 37/23 38/3 55/9 55/10 55/15 161/10
38/6 62/18 62/20 63/2 63/7 64/7 25-to-life [I) 170/23
75/14 85110116/16 119/6 119110 26 (12) 51/22 51/25 52/4 52/7
44 (5] 83/1 83/3 83/5 83/7 83/12 absolute (1) 82/16
45 [2) 82/23 90/3
46 [2) 43112 43/15
absolutely [11) 60/25 62/19 62/25
63/4 63/10 70119 82/18 84/20
120/6 121110 135/3 52/13 52123 53/2 53/5 53/13 53/16 47 [4) 69/22 69/24 7117 71110 86/18 111/1 129/17
0 12 [31) 7/13 7/15 8/1 10/24 17/6 53/20 54/4
28115 3011730/2133/25 45/3 45/5 26th [3) 1/23 2/6175118
45/1145/1445/1845/2046/3 46/7 27 (2) 51/15 51117
4759 (1) 2/12
48 [16) 69/2170/6 70/18 811I4
81115 82/495/1199/911I/24
Abstract [1) 14/1
access [4) 47115 47/15 66/4
131117
46/10 46/13 46/23 47/4 47/8 67/16 272 [I) 1/3 112/13 112117 112/20 I13/3 Il3/6 Accident [1) 20/5
0 75115 98/21122/7 122/7 130112
136/12 136/19 162/13
12/3I/13 [1) 175/20
13 [11) 3/2 4/2 5/2 27/24 28/3
272nd (4) I/8 1/22 175/4 175/17
28 [4) 51/6 5118 51/10 89/25
29 [4] 50/25 5111 51/4 89/23
3
S
113/10 113/14
49 131 57/21 58/1 58/3
accord [I) 125/3
accusation [1) 5/5
accused [9) 9/8 11/6 83110 86/22
115/14 115/15 133/25 135123
0
28/7 28/9 28111 4511 75/16 175/20 so [2) 58/8 58/11 158/23
13th [I) 1/14 30 (40) 17/24 32/20 48/1 48/5 50s [I) 7/19 acquitted [I) 118/19
14 [16) 27/21 29119 29/20 29/22 48/7 48/10 48/12 48/14 48116 51 (4] 58114 119/10 119/I1 across [3) 49/25 120/2 139/3
29/25 30/3 30/6 30/8 30/11 40/5 48/18 48/25 49/5 49/8 49/15 49/20 119/14 action [I) 110/24
43121 43/25 44/8 44/16 47/14 49/23 50/3 50/7 50110 50113 50/15 53 [12) 93/2 93/3 93/5 93/10 99/9 actions [1) 1.10/25
0 75117
15[13]15/517/1527/927/11
27/1427/1744/1944/2373116
50119 88/10 88112 89/10 89/19 112/5 112/6 112/8 112/9 112/11
99/9111/5111111111/13111/17 113/16114/11
111119111121111/23113/16
active [1) 166/5
activity[l]I47/19
54[17)58/1858/195811958/20 actua1[3]18/350/5109/18
73118 75118 98/24 112/21 114/11 114/19 142112 153112 58/22 59/2 59/13 85/4 85/5 95/18 actually (16) 6114 7/9 7/18 24/13
0 IS-minute [3) 98/25 99/5 99/11
16 [4) 42/2443/5 80/6112/21
164/16
300 [3) 1/23 2/6175/18
17 [35) 43/8 68/3 68/4 68/9 77I 13 31 [4) 113/18 113/20 113/20
95/22 95/25 96/3 96/10 141125
142/5 I42/8
57 [8) 95/15 99/10 111/24 112/3
37/1 45112 56117 66/13 115/5
123/25126/11 126/I8 137/18
139/10 139/11 148/24
78/678/1578/2078/2479/579/8 114111 112/4112/11113/16114/q add[1) 62118
0 80/1 80/3 95/2 95/4 99/8 104110 310 (1] 2/6
104/15 104/16 104/20 104/24
105/1 105/5 105/8 105/22 105/25 136/20
32 (5) 80/9 80/10 80113 80/19
59 (2] 7117 7/18
5:00 [2) I25/9 125/II
5:00 o'clock (1] 18/7
address [2) 78/11 86/11
addressed [1) 64/12
addressing (1] 66/13
106/_8 106/12J06l!5 1.07/L 107/2. 3235 [-1)2/-12 -5:05111-12-5/-12- - - -admonition [1) 5/18
0 107/5 107/6 II3116 114/11
18 [8) 34/13 34/16 68/12 68/15
68/18 68/21 69/2 69/11
IS-year-old [1) 60/22
33 (4) 32/4 32/9 32/15 80/22
34 [I] 80/24
35 (3) 32/24 33/2 81/1
36 (9) 33/7 33/9 33/11 33/13
6
60 [11) 7116 62/6 62/8 93/11
advance (I) I63/7
advantage (2) 75/22 811I2
advice [1) 126/6
93/12 93117136113 136/14 142/1 advise (1] 138/12
19 (5) 33/18 33/20 34/8 69/16 40/16 40122 40/24 41/3 81/3 142/5 142/8 advised (1) 84/25
0 69/18
1997 [I) 169/20
1:15 [I) 164/10
36Ist [I] 135111
37 [9) 41/7 41/12 41115 41/18
41/2241/24 92/24 140/17 141/2
6482l:U 1/22 175116
7
affect [7) 21111108/4 109/4
109/11110/12141110151124
affiliation [2) 140/15 14113
1:30 [I) 164/10 38 (22) 42/4 42/10 42/16 62/14 70 [I) 7/17 afraid (3) 84/18 86/9 91/7
0 1s Ill 15/14
2
92/11 92117 143/5 143/15 150/6 700 [1) 115/8
150110 150113 150115 150117 77803 [2) 1/23 2/7
1-------,-,-,---,---,-...,.,.----,-i 151/3 151121 152/2 152/4 152/13 77803-3235 [1) 2/12
after [14) 7/25 8/1 16/11 25/2
25/23 26/22 66/7 97/2 114/8
116/11137/6 166/8168/25 171/15
20 (14) 12/2i I2/23 17124 34/6 152/20 152/25 153/7 153/8 78703Jll 175/I9 afternoon [6) 15/6164/10 164113
0 57/9 96/15 96/16 96/19 96/21 97/3 39 [34) 42/19 91/3 92/8 97/6 9717 8
129113 129117 136/18 164/16
2009 [I) 100/11
97/12 97118 137112 137114 137/17
138/3 138/6 138/16 138/24 143/5 88 [I) 32/16
165111 165/20 170121
afterwards (1] 139/23
again [21) 44/2 73/5 73/14 73/14
2012 rs1 1114 312 412 512 172/24 143112 143/14 143115 153125 8:3o l3~ 16418 165117 173122 1111 79112 80114 81118 8616 91122
154/3 154/6 154/15 154/17 154/21 9
0 2013 [1) 175/13
204 [2) 1/23 175/18
21 (2) 56/23 57/3
154/25 155/4 155/9 155/12 155/22
156/6 156/12 156/21 15711 157/3 979-361-4221 [2) 1124 175/19
22 (20) 56/14 70/22 70/25 87/23 3rd 111 175113 979-361-4320 [1) 2/7
92/3 94/2 94/14 97/15 108/22
109/4 113/23 120115 122/21129/2
17116
against [27) 9115 15/24 74/21
87/24 88/3 88/6 99/9 107/3 10717 979-822-4759 [I] 2112 77112 80/16 82111 82119 83/20
D 107/10107112107119107/24 4
40 [19) 90/23 143/5 143/15 157/4
9:00[1) 18/5 84/784111871787/19911491/7
_Q______ Denise C. Phillips, CSR
\
------------------
u
0 A
State v David Duane Greer
165114 I66/I6 I66/24 I6717
11113/12 Vol 3
132/I9 I33/20 I34/I2 13717 108119 112/II I12/I5 1I4/8
2
I68/22 I68/24 I69/2 I70/5 I70111 138/I5 I39/I 141/II41/6 I4I/8 I15/20 I16/2 II9/191I9/2I120/4
against. .. (13] 98/7 98112 I 05/24 170116 171/3 17II23 173/21 174/2 143/2 146/15 I47114 148/2 153/2 120111 I22/2 I22116I24/17
I 06/I 0 109/I II 0/16 I2611 133/21 175/5 175/7 I54/I3 I55/18 155/19 I56/I9 I24/I9 125/4 I25/22 I30111
133/22 153/22 155119 156/I3 allegation [4] 79/2I 79/25 80117 I60116 161/23 I64/24 I64/24 13I/II 135/I5 I42/6 I43118
156/20 8I/10 I64/25 I65/1 166118 I67/7 169/17 143/20 144/4 147/6 148/5 I50/l2
0 agency [I] 102/19
agent [I] 97114
aggravated (1] 78/1
ago (9_] 15/19 I5/20 16117 18/I3
allegations [3] II9/I9 II9/2I
I22/2
allege [2] I34/4 I34117
allow (3] 8/23 152/11 I56/19
170/2 170/9 170/25 I71!24 I72/3 I51!4 I54/2 I55!18 I56/3 I57121
I74/5 I7511 0
anybody [51] 611 12/IO I2/IO
157/24 I58/11 160111 162/22
I63/3 I64/3 I64/13 164/20 I65/I5
13/7 13/7 l6/-1 0 16/10 16/24 18/25 166/I7 166/23 168/20 I69/11
65/6 86/20 1I2/22 I35112 I61/3 allowed [3] 21/23 67/13 86/I 3I/15 33/23 57/18 58/I5 58116 I70/24 I71/24
0 agree [56] 9/22 38118 38/20 41/7
42/4 42/6 42/24 43/8 43115 49/2
50/23 5118 51/14 511I5 51/17
allows (2] 62/22 62/25
alluded [2] I27/7 I27/14
almost (2] I8/I2 I8/18
65/2 65/6 66/I9 7I /14 8 118 82/9 area [5] 9/I9 43/2 95/19 II5/5
84122 85/3 85/9 85/I2 85/13 85/I7 I31/I6
85/22 93/8 94/I7 94/25 95/8 96/7 areas (2] 8/4 68116
51120 55/8 55/I6 56/2 56/14 57/6 alone [1] I5811I 96/I2 97/4 97/20 II5/8 II6115 aren't [1] 49/17
0 57/9 58/11 58/14 59119 59/22 62/8
62/9 62114 69116 73/21 74/3 74/7
77/14 78112 78/15 78/17 84/6
along [1] I67/2I
already [6] 7/15 1I4/25 ll6/I9
I29/22 I57/II I62123
117110 II9/5 I20/I8 I25/24
130/21 I33/22 I40113 I40/I4
argue (1) I72/9
125/24 I26/3 I26/IO 127/13 129/9 argument [5) 37/24 38/1 100/13
100114 I 02/24
841!2 86/3 86/5 87/6 98/2 98/5 also [17] 9117 1I/8 25/6 45/I5 I40/I6 argumentative [I] I02/3
0 106/1911118 III/9III/25112/5
121115 I22/7 129/20 140/12142/3
I4617 173/10
48/25 55/I5 77/IO 84/12 II2/7
II6/7 II71! I37/5 137/20 I53/9
I68/7 I68116 I70/23
anymore (5] I6/I2 35/6 II7/I7
I27/I6 I72/25
arguments (1] I63/25
Arias [2) 4I/5 92/23
anyone (6] I2I/I4 I27/25 I28/3 arm [1] IOI!9
agreeable [I] I04/5 although [1] I65/8 I38/20 138/25 139/2 around [7] I4112 I8/4 22/5 59/2I
0 agreed (5] 6011 84/2 III/I5
II2112 113/15
agreement [8] I06/20 I07/2
11II!I 111123 112/4 Il2/9 114/I9
always [27] 6/19 6/20 7110 9/20
17/2 I7117 21120 2I/2I22/2I
22/22 22/22 45/20 48/24 72/I6
anything [35] 15/2I I6/20 I6/24 6016 II6/9 116/9
I6/25 I9/I 2I/8 2I/I8 30/19 34/2 arrest [8] IOI/15 II2/21 II8/7
66/5 69/8 7I/22 79/I6 80/I2 9112 118/II 118/22 166/5 I68/11
94/5 94/I7 96/20 96/22 97113 I68/13
77/I8 79/9 I08/2 I08/10 I20121
167/22 I20/24 I20/25 I28/2I I29/4 129/6 I00/24 I 13/7 I32/7 133/I8 I33/20 arrested [6] 94/12 94/I3 II8116
0 agrees [1] 66/19
ahead [9] 11/2II5/II5/I6 II0/1
IIII3 112/IO 113/I3 114/20
I29/IO I32/2I I39!22 I40/I3 I4II12 I41/I6 I46/3
am [12] II/I 0 I5/25 31/13 3II19 I49/25 I6011 I65/I 0 I65119
32/7 32/I8 42116 44117 70/I6 86/7 I66/I9 I72/4
118117 I26/20 I66/9
articulable [1] 168/5
as [112] 6/8 6/8 6/9 6/9 6/2I6/2I
159/14 103/IO I57123 anytime (1] I20/22 ll/I4 I11I4 12/23 I5/3 I5/4'15/4
0 ain't [I] 36/6
AI [4] 52/7 53/7 53/8 53/20
alarms [I] 56/5
Amendment [12] 82110 8211I anyway [4] 27/13 IOO/IO I00/19 I6/4I7/20 I7/20 I8/7I8/8 211II
82115 I 0616 107/2I I25121 I25/25 I04/25
I37123 139/I 139/3 150/I9 I54/8 anywhere [2] 65/I5 I67/6
22/23 25/6 29/2 32/I5 37/4 37/4.
39/I5 42/8 52119 52/25 5515 60/22
Albernaz [I] 43/li American [1] 29/6 apologize [8] I2/I6 33/8 6711 6YI464!13641136WI372/4
0 alcohol [2) 58/25 I23/7
Alice [I] 111/13
all [I62] 612 7/25 8/I 9/I I0/3
among [1] 6/5
amount [I] I18/2
amounts [2] I30/I6 I30/I6
7I/11 93/25 II4123 133/I9 I47/24 72118 74/22 78113 83/20 84/17
apparently (1] IOO/I4
Appeals (1] I/4
85/13 85/13 88113 88/23 88/24
88/25 88/25 8911 89/3 89/5 89/5
13/8 13/20 13/22 I3/24 I4112 Andy [2] I23/3 I23118 applicable [1] 26/17 89/I4 92/4 94/I8 94/18 I 01/8
0 151!4 I5/I8I6/8 16/23 I711I
181!I 19/24 20/19 21117 22/3
22/11 22/15 24/23 25/4 27/2 27/4
anger [1] 78/2
Ann [1] 143/I6
announce [I] 142/16
applied (1] I44/24
applies (1] I7I/I7
apply (1] I36/4
IOI/8 I03/6 I03/IO I06/6 IIOI19
112/24 1131!8 115/10 115/20
11611 1I6/I II6/3 116/7 119119
. _?7/12 27!_23_1~I§19!l~31l33;1/2 another_[15]_ 511.8 _7l]9_1 01612/6 _ appreciate [8]-13/5-16/9 21/I5 - -I21!4-I22/13 I24/20 124/21
35/24 38/3 42/22 43/6 43/IO 43113 25/2 42/I5 73/5 73/7 85/3 85/9 65/I7 66123 68/I 93/7 93/8 I24/2I I24/23 I25/8 I25/8 I25/I9
47/23 49/2 52117 53/7 58/6 6I/2 95/13 97/22 I35!13 I40/2 I7I/I4 approach [1] I74/I I25119 I26/2 I27113 128/9 I28110
62/5 62/9 62/I I 62117 64115 64/20 answer [11] 6/2I IO/I4 22/4 are [I61] 6/16 7/6 7/8 7113 7/I3 136/9 137/24 13911 I41/I I42/9
65/5 66/23 67/I2 67/24 68/13 63/20 63/23 64/1 76/5 85/I6 92119 81! 811 8/2 9/24 I2!14 I4/2I I5/3 I42/l0 I42/19 I44/8 150/23
69/22 70/3 70/8 71120 7411 75/20 Il1122 I53/I6 16/25I7/1I7/3 171102I/2522/8 I5I/I9I53/22 154/lii55/2
0 80/4 80/14 80/23 8112 82/I7 82/20
8712 87116 87/I9 88/9 88/21 89/4
90/I8 92/25 93111 95/2I 97/4
answered [2] 87/II 155/I6
answering [1] 10/I9
Anthony [1] I50/IO
23/11 23/20 23/2I 23/21 24/10
24110 26/2I 29/I2 29/20 30/4
I55/I7 I55/I8 I60/24 I60/24
I6119 I66118 I66118 I68/25
32/13 32/24 35/3 35/I4 36/2 36/8 I7112I I71!2I I72/2 172/2 I72/22
I 03114 103115 105/5 105/7 I 08/23 anticipate [4] 89/I4 92/2 I16/2 36/I1 36/2I 38/7 38/23 38/24 39/3 I73/24 173/24
0 113/IO 113/11 113/12 113/22
114114 116114 I16/2I 117113
117/20 120/1 120/25 I21/10
I27/I9
anticipation (1] 126/I6
antipsychotic (1] I40/I
39/4 39/5 40/3 40118 41122 42/7 aside [3] 79/22 148/19 I49/I5
42/25 43/3 43/3 43/21 44/I 44/14 ask [25] 5116 5117 6/2 I 811 2 I4/23
44M 44t:n 44/25.47/25 48/3 _]4/25_ I9/l 0 22112 70/8 76/7 94/5
12 !Ill I22/9 123/3 I24/19 I24/23 any [87] 5i25 6!6 I4/6 I811 0 49/IO 49/II 49112_49/I2 5411 94/9 98/I9 99/I II4/I5 II5117
128/24 129114 I29119 129/22 2I/11 2I/I7 24/3 29/16 36/20 54115 54/I8 55/24 56/2I 57/2 I20116 I27/22 I27/22 I27/24
132/6 132/9 133/8 133111 I3311I 39110 60/17 63113 64/2 7I/I2 57/I9 58/20 62/I6 63/13 66114 I29/1 I29/2 I3611 I36123 I67122
133/12 133121 134/2 I34/1I I36/l 7I/23 78/8 79/I5 79119 80/1I 68/5 68/8 69/13 69/I7 69/23 70/7 asked [10] 17110 46/4 85116 I0118
I36/5 I36/8137/8 138/1 I39/6 82/20 84/21 89/17 90116 9112 96/8 7119 74/25 75/24 76/8 77/9 77116 I05115 I09/I3 I37/7137/8 I40/5
0 139/7 141/1 14I/4 I4I/21 I4311
143118 143121 144110 I46/20
150/14 150117 151/7 151/13
151114 I52/16 153/2 I54/14
97/16 98112 IOI/2 102/6 102/23
I 03/6 I 05/20 105/20 I 05/23
I 07116 I 08/22 I 09121 I 09/24
77119 80/4 80/20 82/22 83/8 8311I I53/13
83/I4 84/I9 87/23 88/10 89/9
89116 89/21 9011 90/15 91/23
110113 112/25 113/8 114/12 116/9 92/22 92/23 93/4 95/3 96/6 99/8
asl-r-s TR-I-CT-COURT-·-:--· --:---- ~---------- -·----·--·-·----------·--·
] 2
l- 1 A P P E A R A N C E S
2
l 3 ATTORNEY(S) FOR STATE:
l 4
5
RYAN CHARLES CALVERT
SBOT NO. 24036308
WILLIAM LEE WARD
SBOT NO. 24077302
1 6 Assistant District Attorneys
300 East 26th Street, Suite 310
7 Bryan, texas 77803
1 8
Telephone: 979-361-4320
9 ATTORNEY(S) FOR DEFENDANT:
J
10 EARL R. GRAY
~ 11
SBOT: 24007265
Gray, Granberry & Jones
103 N. Main Street
~
12 Bryan, Texas 77803-3235
Telephone: 979-822-4759
13
'~~- J '
\
i
14
15
'- J 16
r 17
18
19
20
21
22
23
24
I 25
DENISE C.PHILLIPS, CSR
I~-----
/ OFFICIAL COURT REPORTER
- - ·-I-----------------------.Z-9.Z-ND-B-I-8TR-I-eT-COURT--------------- -------------------
I
0 3
1 CHRONOLOGICAL INDEX
D--
2 November 14, 2012 Volume 4
0 3 Page
0 4
5
Witness sworn
Discussion with Defendant
Jury seated
20
20
22
Jury sworn 22
0 6 Indictment presented
Defendant's plea
22
22
7 Opening Statement by Mr. Calvert 22
D 8
Witness sworn 26
STATE'S WITNESSES:
0 9
10
TERRY YOUNG:
0 11
Direct Examination By Mr. Calvert
Cross-Examination By Mr. Gray
Redirect Examination By Mr. Calvert
26
57
73
Recross-Examination By Mr. Gray 74
0 12
13 Jury retired 76
Short recess 76
0
•.
14 Discussion with the Defendant 76
Jury seated 78
15 Witness sworn 78
0 16 RICARDO LEDESMA:
0 17
18
Direct Examination By Mr. Ward
Cross-Examination By Mr. Gray
Redirect Examination By Mr. Ward
78
87
91
0 19
Recross-Examination By Mr. Gray
Witness sworn
93
95
20
0 21
LAKETH McKINNEY:
Direct Examination By Mr. Calvert 95
~ 22 Cross-Examination By Mr. Gray 97
23 State rests 100
0 24
Jury retired
Defendant's Motion to Suppress
100
100
Court's ruling 112
0 25
DENISE c. PHILLIPS :;C~R
I
n.• OFFICIAL COURT REPORTER .
-bd-····---- -·--- -----------·-------------2-7-2-ND-D-I-ST-R-I-G-'I'--GGUR-'I'-------·--·--···----- ------·--·--·-----
D
n 4
o.
'
1 CHRONOLOGICAL INDEX
2 November 14, 2012 Volume 4
D 3 Page
0 4
5
Jury seated
DEFENDANT'S WITNESSES:
112
0 6 MONISHIA RENE CAMPBELL:
7 Direct Examination By Mr. Gray 112
D 8
Cross-Examination By Mr. Calvert
Redirect Examination By Mr. Gray
122
137
0 9 Defendant rests 142
10 STATE'S REBUTTAL WITNESSES:
0 11 RICARDO LEDESMA:
0 12
13
Direct Examination By Mr. Ward
Cross-Examination By Mr. Gray
Redirect Examination By Mr. Ward
144
147
150
0 ~}
14 Jury retired
Noon recess,
151
153
15 Jury seated 154
0 16 TERRY YOUNG:
0 17 Direct Examination By Mr. Calvert
Cross-Exami.nation By.Mr. Gray
154
156
18
0 19
Witness sworn
JASON WARE:
157
20
0 21
Direct Examination By Mr. Calvert
Cross-Examination By Mr. Gray
157
159
0 22 State closes
Defendant rests and closes
160
160
23 Jury retired · 160
0 24
Objections to Charge
Jury seated
160
161
Charge read 162
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
ll--- ··· ··-·-----·-- -------,---·---·~---------·-------~-7-2NB·-B±Sl!'R:EGT-G01JR-T---------- ------------------ --------- ~----
D
0 5
0-- 1 CHRONOLOGICAL INDEX
2 November 14, 2012 Volume 4
D 3 Page
0 4
5
Closing Argument by Mr. Ward
Closing Argument by Mr. Gray
Closing Argument by Mr. Calvert
162
168
176
0 6
Jury retired for deliberations
Jury request to view video
Jury continued deliberations
183
183
183
7 Jury seated 183
0 8
Verdict
Jury retired and released
184
185
Evening recess 185
0 9 Reporter's Certificate 186
10
0 11 ALPHABETICAL INDEX
0 12
13 Campbell, Monishia Rene
Direct
112
Cross
122
V.Dire
137
0 j'
14
Ledesma, Ricardo 87
rs- 9"3
0 16 · Ledesma, Ricardo 144 147
--150--
0 17
McKinney, Laketh 95 97
18
0 19
Young, Terry 26
73
57
74
0 20
21
Young, Terry
Ware, Jason
154
157
156
159
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
)l··· . OFFICIAL COURT REPORTER
t;\-------------- ---------------·---------·---------2-72-ND--DI-STRreT--COURT------------·--------- -------·---------
0
0 6
Q,, 1 EXHIBIT INDEX
2 November 14, 2012 Volume 4
D 3 State's Exhibits
0 4
5
EXHIBIT
1
DESCRIPTION
Arrest Warrant
OFFERED
16
ADMITTED
19
0 6
2
3
3
Arrest Warrant
Video
Video
16
34
143
19
34
144
7 4 Photograph 48 48
0 8
5
6
Photograph
Photograph
48
48
48
48
7 Photograph 48 48
0 9 8
9
Photograph
Photograph
48
48
48
48
10 10 Leather jacket 41 41
0 11
11
12
Weapon
Bullets from weapon
41
54
41
54
14 Stipulation 20 22
0 12
13
14
15
16
Stipulation
Inventory form
Inventory Search Policy
99
90
107
100
90
D) 14
15
0 16
0 17
18
0 19
0 20
21
0 22
23
0 24
D 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
_Q ________ ------------- --------=~-7-2NB--B~-STR-I-eT-e0URT------- -----11-----~-----
0
D 7
n ··.,..,
1
2
P R 0 C E E D I N G S
November 14, 2012
8 3 THE COURT: Good morning.
0 4
5
MR. WARD:
MR. GRAY:
Good morning, Judge.
Judge, we think we're going to
0 6 have a stipulation, but I just need to visit with their
7· print expert for 35 seconds.
0
./
8 THE COURT: Okay.
0 9 MR. GRAY: He may be -- we think he's
10 probably in the D.A. 's Office. I can run up there and
0 11 talk to him.
0 12
13
THE COURT:
MR. GRAY:
Go ahead and take care of that.
Okay. Thank you.
0 14 MR. CALVERT: , Can we put something else on
15 the record real quick?
[1 16 Judge, I forgot to do this yesterday. I had
0 17 talked to Earl about it beforehand; and I think we talked
18 to you about it, but we forgot to do it on the record.
0 19 In 19, I believe, 84, you represented this
20 Defendant on a case, I believe it resulted in a guilty
0 21 . plea. We realized that going through his priors. We
0 22 brought it to Earl's attention. I don't want to speak for
23 Earl, but I think both parties are more than comfortable
0 24 in waiving any issues with having you hear this case,
0 25 Judge. But I wanted the record to reflect that both
DENISE C.PHILLIPS, CSR
\1 OFFICIAL COURT REPORTER
-U------·-·-----·- ------------------- --2-7-2ND-D-I-S.!I!-R-I-G-T-GGUR-T------------------ ---------------
0 8
0--, 1 parties were aware that in the early '80s you represented
2 this individual, and both parties are comfortable with you
0 3 going ahead and hearing this case.
THE COURT: Well, for the record, I don't
B 4
5 remember the case. And that's no slight to you, Mr.
0 6 Greer, because I don't remember a lot of things that
7 happened in the '80s.
0 8 But is that okay with you?
0 9 THE DEFENDANT:
THE COURT:
Yes.
Okay. Because this came up a
10
0 11 couple, three weeks ago. Lisa came in and told me about
it, and I said if either side wants me off the case, I'll
0 12
13 willingly recuse myself. And I was advised that neither
0 14 side wanted that to happen.
15 MR. GRAY: We have no objection, Judge. ·And
0 16 I think Judge Langley was the prosecutor at the time.
0 17
18
THE COURT:
MR. CALVERT:
Yeah.
Yeah.
0 19 THE COURT: So, I still hold with that. I
20 mean, if anybody's got a problem with it, then I'll take a
0 21 look at what I need to do.
0 22 MR. GRAY: We don't. We don't have any
23 objections.
0 24 THE COURT: Okay.
0 25 MR. GRAY: Actually, his print guy is here,
DENISE C.PHILLIPS, CSR
hl-~--~~ ·------·~-~---~---~~~--0~~-~~-~~J;~~~~~T~~~~-~~-E_R___________~-- _______
0 9
0 1 so I'll just take a minute.
THE COURT: All right. That will be fine.
2
B 3 (Brief pause.)
0 4
5
MR. GRAY: Sorry about that, Judge; but that
saved us about 30 minutes of testimony.
0 6 THE COURT: Thank you very much. So, you
7 got it done, then?
0 8 MR. GRAY: Yes, sir.
0 9 (Off-the-record discussion.)
10 MR. CALVERT: Judge; can we take up another
0 11 brief matter?
B 12
13
THE COURT:
MR. CALVERT:
Yes, sir.
The witness for this
0 14 particular thing is not here, but I've talked to Earl, and
15 he's read the report, and I think we can pretty well
0 16 represent to the Court what it's going to·be.
0 17 One of the things that the State intends to
18. introduce during the -- our case-in-chief is, as Your
0 19 Honor is aware, the Defendant is charged with felon in
20 possession of a firearm.
0 21 On August 29th, he was over in the jail and
0 22
23
had a -- essentially what it was is his bunk area was in
disorder. A detention officer instructed him to clean it
0 24 up. He refused. The detention officer responded that the
0 25 Defendant needed to follow the rules, and the Defendant's
DENISE C.PHILLIPS, CSR
-Q~. ---------- ----------------'---~~-~·~·~·~~~:r-~~~~~T~~~~.:~~------------·-- -·~·------
0
8 10
[J 1 response to that was, "I don't follow rules. I'm in here
2 for not following the rulesi and so, I'm not going to
0 3 start now."
0· 4
5
My intent of course, the focus of the
testimony that I intend to introduce during our
0 6 case-in-chief is the Defendant's statement as he's in jail
7 on this charge that "I'm in here for not following the
0 8 rules."
0 9 I did not intend to go into the details of
10 like what the disciplinary infraction was or -- there was
0 11 some other stuff that happened after that. The
5 12
13
confrontation kind of escalated with the jailer at that
point. I'm not going into that.
0 14 Essentially, what the testimony will amount
15 to with the detention officer is I will ask him, "Did you
0 16 have occasion to have a conversation with the Defendant
0 17 about -- or did you instruct him to do something?"
18 "Yes, I did."
0 19 "And did you instruct him to follow the
0 20
21
rules?"
"Yes, I did. "
G 22 "And what was his response when you told him
23 he needed to follow the rules?"
0 24 And it will be that one statement, and
0 25 that's all it's going to be, Judge.
DENISE C.PHILLIPS, CSR
- Q' ---~-~--
OFFICIAL COURT REPORTER
------------------2·"7-2-NI)--D"rSTR-I-C::T--eoURT--~--------~--
0
0 11
[l 1 I talked to Earl at that time, and he
2 indicated he might have an objection to that, and we
0 3 wanted to take it up now so we didn't waste the jury's
0 4
5
time later.
THE COURT: All right.
0 6 MR. GRAY: And just for the record, what's
7 the guy's last name?
0 8 MR. CALVERT: His name is Lakesh,
0 9 L-A-K-E-S-H, McKinney, M-C-K-I-N-N-E-Y.
10 THE COURT: So, you're saying that was a
0 11 custodial statement that was not due to interrogation --
0- 12
13
MR. CALVERT:
THE COURT:
Correct.
-- that was an admission of
0 14 guilt?
n 15
16
MR. CALVERT: Correct.
THE COURT: ·All right.
0 17 MR. GRAY: Judge, we'd object on a couple of
18 grounds. One would be relevance. How does that in any
0 19 way help their case as to guilt or innocence? Such a
generalized statement as "I don't follow the r~les," ·or
Q 20
21 "I'm in here because I don't follow the rules," you know,
0 22 it's too general. It's not specific as to this particular
23 case.
0 24 He also -- because he's on parole, he also
0 25 had a Blue Warrant. So, he could be referencing not
DENISE C.PHILLIPS, CSR
ll OFFICIAL COURT REPORTER
-d~-------- -----~--~--~----2"72ND-DTSTRICT-COURT ______________ - - - - - - - -
0
0 12
[1 1 following the rules as to his parole.
2 The problem with this is that -- and the
0 3 context is going to place him in a jail cell. And that's
0 4
5
unduly prejudicial. If they're going to know that he is
in custody, that he's in a jail cell, I mean, we might as
0 6 well take the clothes that I got him and replace them with
7 the orange jumpsuit and put handcuffs on him in front of
0 8 the jury.
D 9 I just don't think when you use the
10 balancing test, the 403 balancing test, I think the
0 11 prejudice very much outweighs any probative value of that
0 12
13
statement.
And, again, it•s·so general. We don't know
0 14 exactly what he was talking about. ~et~
15 THE COURT: Was he in jail for anything else f- ~I f ~t ~1
'il
0
0
16
17
other than thi:pa::::::~ c::s:a:fn::~i:::g:/V~eU~~~·:;J~~~~~ ~
18 originally been incarcerated from February until, I 1t-. ! -
0 19 believe, it was sometime in March or April on the Blu1=
·._ ;.·. ;i;
0
20 warrant, and then he got out. And then he was out, fi~e';~·
~\J -~
J: . ·.
21 a month; and then he ~n~ back in -)hen ~e got i:rrc;Iict\d ofL -~. ~(II'-
~ J?~
0 22
this case.
\-C)
,,~DVfc~ .,~~ vl c~~lJ t\-~r)-/1PI f~6r~ ~\~) {~c-' r-orJ'?
YJ c,lr- 'K'(/f" 11' I"'
\~11J ·1,)'.
~\t ~ 1
23 So, ~he only thing he was in for at the time
0 24 of this incident we're talking about was this particular
0 25 offense. He does have a parole revocation pending; but
DENISE C.PHILLIPS, CSR
8------------- ----------------------~~-~-~-~~~~~-~~~~~T~~~~-~~-E_R ______________________ ----------------
u
u 13
0 1 the -- as I understand it, the sole basis for that
2 revocation is this case.
0 3 MR. GRAY: But, Judge, he was also -- he was
0 4
5
also arrested however at that time for -- for an arrest
warrant -- an arrest warrant for burglary of a habitation.
0 6 MR. CALVERT: He .was, Judge. That's
7 -correct.
0 8 MR. GRAY: And so, that ultimately was
0 9 dismissed or refused. So, maybe that's not following the
10 rules. And then the D.A. •s Office ultimately dismissed
0 11 that case.
"8 12
13
THE COURT:
the burglary of a habitation?
Now, what he was in jail for
0 14 MR. GRAY: Yes, that's why he was arrested.
15 MR. CALVERT: He got arrested originally
0 16 when this offense occurred, he was placed under arrest on
0 17 a warrant for burglary. That case was never prosecuted.
. \.
18 He got out of jail subsequent to that and then went back \
. (:~?' ..
0 19 in jail at the time he got indicted for thi's""case >-::;.,_ ., ····· ·
20 ·And it was about three months after he w~:k\V~;~p~r'
0 21 indi~ted on this case that this conversation ~e're talking
0 22 about happened. And by that point, the burglary case was
23 long since declined or whatever they did with it.
0 24 THE COURT: What do you say about his
-
0 25 probative/prejudice argument?
DENISE C.PHILLIPS, CSR
-0---- -- ------- -- ··----------·------0~-~;~~~~~I-~~~-~~T~~~~~~-E__R_________________ ---------
fJ 14
Q_ 1 MR. CALVERT: Judge, I think we limit the
2 prejudicial effect by, of course, limiting the
0 3 conversation to, you know, not a description of what was
0 4
5
going on; and we do not talk about any of the escalation
that happened after that.
0 6 THE COURT: I understand you limit it, but
7 is the limited portion even
0 8 MR. CALVERT: I don't believe it is, Judge.
0 9 THE COURT: prohibitive of the rules.
10 MR. CALVERT: I don't believe it is, Judge.
0 11 I think in order for it to be admissible -- or excuse me,
8 12
13
inadmissible, the probative effect has to substantially
outweigh any -- or excuse me -- the prejudicial effect has
0 14 to substantially outweigh the probative value.
15 The probative value in this case is you have
n 16 a defendant who's in jail on this particular offense,
0 17 which it's my understanding is -- their defense is going
18 to be it was not his gun. He didn't even know it was
0 19 there. It belonged to someone else. And yet under those
u 20
21
circumstances and in the context of that defense, you have
him telling somebody "I'm in here for not following the
0 22 rules."
23 And I think just doing an analysis of it,
0 24 Judge, I don't think that it would be appropriate to find
0 •
25 that the -- the substantial probative value of that
DENISE C,PHILLIPS, CSR
fl' OFFICIAL
-q -------·----- --·---·----·---··-----·--z7
COURT REPORTER
2ND-DISTRICT--COURT-----·----------~·----~---
0
u 15
0 1 conversation is substantially outweighed by any
u
2 probative -- prejudicial effect that it would have.
3 MR. GRAY: What was the date on the --
MR. CALVERT: August 29th, I believe, late
fl 4
5 August.
0 6 MR. GRAY: Judge, again, I just think -- I
7 think a small amount of probative value is not worth the
0 8 prejudicial effect. Again, it's going to be a comment on
0 9 him being incarcerated for this -- for these other
10 offenses.
0 11 You know, we just can't -- we just can't
D 12
13
know what he was referring to because it's not really
taken in context. I mean, if he was talking about some
0 14 specific acts or specific offense, then maybe so. But
15 it•s just too general.
0 16 THE COURT: All right. The objection is
0 17 overruled.
18 Ready to bring the jury out?
0 19 MR. GRAY: We're ready, Judge.
0 20
21
MR. CALVERT:
THE COURT:
We'll be momentarily, Judge.
All right.
0 22 I'll give you a running objection to all the
23 jail incident ..
0 24 MR. GRAY: Okay. Thank you, Judge.
·o 25 MR. CALVERT: I believe we're ready.
DENISE C.PHILLIPS, CSR
u-·------- - ··----------------------0~-~-~-~-~~~T~~~~~T~~~~:~-ER_____________ ----------
[]
0 16
n
i
1
2
Actually, before the jury comes in
comes in, Judge,
before the jury
I was going to offer for record ptirposes
0 3 only, State's Exhibits 1 and 2. These are certified
8 4
5
copies of the arrest warrants for the Defendant and
Monishia Campbell, that they were stopped and arrested for
0 6 on the date of the offense. This was the basis for the
7 initial detention and the arrest which ultimately led to
0 8 the inventory search. It's my understanding Mr. Gray has
0 9 filed a motion to suppress. And for that purpose, I'm
10 offering State's Exhibits 1 and 2 for record purposes
0 11 only. These will not go back to the jury.
0 12
13
(State's Exhibits No. 1 and 2, Arrest
Warrants, offered for record purposes only.)
0 14 MR. GRAY: Judge, we agree it shouldn't go
15 to the jury, but we would also object that it's hearsay.
0 16 If they want to have an officer come up and testify as to
D 17 some of this in a separate hearing outside the presence of
u
18 the jury, that's one thing; but we're not going to agree
19 to --
0 20
21
THE COURT:
motion to suppress?
Now, is hearsay admissible in a
0 22 MR. CALVERT: It is, Judge. And also, these
23 are not the affidavits. These are certified copies of the
0 24 actual warrants, which it's always been my experience if
0 25 you're challenging a detention or search
DENISE C.PHILLIPS, CSR
~ased on a
8----------- OFFICIAL COURT REPORTER
--------------~------------------272ND-DISTRTCT-COURT~-----~------------ ------------·-
D ·'
0 17
0-. 1 warrant, we need to be ready with a certified copy of the
2 warrant; and that's what those are.
0 3 MR. GRAY: And, Judge, we're not attacking
8 4
5
those warrants. That's not going to be our basis for the
suppression hearing.
0 6 THE COURT: Okay.
7 MR. GRAY: We're not saying those weren't
0 8 valid warrants. So, we would, therefore, argue as to it's
0 9 not relevant; and it's -- well, it's not relevant. But if
10 they have -- if they have the testimony, that's fine. But
0 11 then, this would be cumulative even in front of you.
D 12
13
We're not attacking the validity of the arrest warrants.
I don't -- I don't know what the purpose in introducing --
0 14 (Noise in courtroom.)
15 THE COURT: We're going to have that
D 16 stopped.· That's too loud.
0 17 MR. GRAY: So ~- but we agree it shouldn't
18 go in front of the jury.
0 19 THE COURT: I don't understand. Why are you
0 20
21
offering these warrants?
MR. CALVERT: Judge, Mr. Gray said yesterday
0 22 that he was moving to suppress the evidence in this case
23 based upon -- what he told the Court yesterday was based
8 24 upon the detention and the subsequent inventory search,
Q 25 and that was what he advised the Court, and that was what
. DENISE C.PHILLIPS, CSR
n .· OFFICIAL COURT REPORTER
o··-----·--·- ----·--·-·----------·--··----272ND-··nrSTRTCT--COURT-----·------~--- ·--.------
0
0 18
o.
·r
1 he, you know, advised us. That he '·S challenging the
2 initial detention.
0 3 The sole basis for the initial detention was
0 4
5
those warrants.
see him speeding.
It wasn't a traffic stop.
They were out there specifically to --
They didn't
0 6 the Sheriff's office was out there specifically to execute
7 those warrants on those two individuals.
0 8 THE COURT: Uh-huh.
0 9 MR. CALVERT: They located them driving the
10 vehicle, and that was the one ~nd only reason they stopped
Q 11 them. ft
\--6
~J""f
} v:..
y \ ' cJ \) >
·o 12
13
THE COURT:
front of the jury, just for purposes
And you're not offering these in
0 14 MR. CALVERT: Just for record·purposes, just
15 for purposes of the motion to suppress.
G 16 THE COURT: Yeah:
0 17
18
MR. GRAY: Judge, you know,
to -- I'm not going to allow hearsay to come in.
we -- I am going
I am
0 19 going t~ obj~ct ~o he~ay. If an officer is talking
0 20
21
about what other officers said in regards to the stop.
But I'm not attacking the validity of those arrest
D 22 warrants. That's not where I'm going at all.
g 23
24
THE COURT:
of the -- or the --
You're attacking the existence
D 25 MR. GRAY: The arrest warrants?
DENISE C.PHILLIPS, CSR
No, not at
g_____________ --------~------~~~~~~~~T~~~~~T~~~~~~ER ---~---~------ _______ _
D
u 19
Q__ 1 all. Just the basis for the stop. I mean, just because
2 an arrest warrant existed, how did that officer find out
8 3 that information? Was he told it on the street? Did he
0 4
5
get it from dispatch?
THE COURT:
Was it
All right.
0 6 MR. GRAY: quadruple hearsay. Because
7 those kind of things I wi~l object to.
0 8 THE COURT: I'm going to overrule your
0 9 objection.
10 Anything else?
0 11 MR. CALVERT: No, sir.
8 12
13
THE COURT: Those are admitted for purposes
of the motion to suppress only outside.the presence of the
0 ·)
14 jury.
15 (State's Exhibits No. 1 and 2 admitted.}
0 16 MR. CALVERT: That's correct, Judge.
0 17 THE COURT: Now, do we have a stipulation to
18 something?
0 19 MR. CALVERT: We do, Judge.
20 THE COURT: Now, as I understand, the
D 21 stipulation in the midst of a trial has got to be in
D 22 writing.
23 MR. CALVERT: It is in writing, and it's
8 24 signed. And I was going to it's marked as State's
D 25 Exhibit No. 14, and I plan on offering it into evidence
DENISE C.PHILLIPS, CSR
11-~---- ------- ----------------------;;~~~~~I~~~-~~T~~~~:;~~------------- --~-----------
0
D
0 20
·0-., 1 for all purposes later in the trial.
2 (State's Exhibit No. 14, Stipulation,
0 3 offered.)
0 4
5 stipulation?
THE COURT: And you have no objection to the
D 6 MR. GRAY: No, Judge, but I'd like to ask
7 him some questions first.
0 8 THE COURT: All right. Raise your.right
D 9 hand, Mr. Greer.
10 (Witness sworn.)
0 11 MR. GRAY: Mr. Greer, I explained to you
8 - 12
13
basically the pros and cons of this stipulation as to the
prior conviction as well as the -- this offense occurring
0 14 prior to the expiration of five years from the
15 anniversary -- the fifth anniversary after you were
D 16 through in regards to supervisioni is that right?
0 17
18
THE DEFENDANT:
MR. GRAY: Okay.
Yes.
One way they can prove
0 19 it -- they can prove it a couple of ways. They can bring
·a 20
21
in your parole officer to testify that you're the same
person that's on parole. That's one way to do it.
0 22 Quite often, however, what they'll do, a
23 simpler and quicker way is through the Judgment and
8 24 Sentence process, with a penitentiary packet. I had
0 25 indicated to you that I did have some issues with the
DENISE C.PHILLIPS, CSR
-8:-=------- ----------------~~~~;~~~r-~~~~·~T~~~~~~~R____________________
0 21
0--
r·
1 fingerprints, and I had actually called one of my
2 fingerprint experts in Houston and visited with him
0 3 yesterday.
D 4
5
THE DEFENDANT:
MR. GRAY:
Uh-huh.
He indicated the number of points
D 6 that he would like to see, which would be eight. I have
7 visited with their expert, and he saw between 15 and 20
0 8 points on the print.
0 9 With that information, I believe it would be
10 better strategy to go ahead to stipulate to this, such
L1 11 that the jury doe~ not find out what the actual sentence
0 12
13
was, which was 40 years.
THE DEFENDANT: Uh-huh.
0 .I 14 :.... _.MR. GRAY: This also removes any possibility
15 that they would see any type of enhancement paragraphs as
D 16 far as those other two convictions that got you to that
0 17
18
point. Does that make sense?
THE DEFENDANT: Yes, sir.
0 19 MR. GRAY: And so, I just want to make sure,
D..
20
21
you know, this is something we're giving up; but I want to
make sure this is what you want to do as far as your
0 22 stipulation.
23 THE DEFENDANT: Yeah.
8 24 MR. GRAY: Okay. That's all I have, Judge.
0 25 THE COURT: All right.
DENISE C.PHILLIPS, CSR
The stipulation is
U-~~-- -~-- -------------------- 0~~~~~~~~[-~~~~~T~~~~:~~R-----~~------------ -~~--------~
D 22
D 1 admitted.
2 {State's Exhibit No. 14 admitted.)
8 3 You ready to bring the jury out?
B 4
5
MR. CALVERT:
THE COURT:
Yes, sir.
Bring them out.
D 6 {Jury seat~d.)
7 THE COURT: Have a seat.
D 8 All right. Ladies and gentlemen, raise your
0 10
9 right hand and let me swear you in.
{Jury sworn.)
D 11 THE COURT: All right.
0 12
13 indictment.
We'll now have the reading of the
0 14 {Indictment presented.)
15 THE COURT: Mr. Greer; how do you plead to
0 16 that indictment?
0 17
18
THE DEFENDANT:
THE COURT:
Not guilty, sir.
All right.
-
A not guilty plea
0 19 will be noted.
20 We'll now have opening statements of
B 21 counsel. Go ahead, sir.
u 22 MR. CALVERT: Thank you, Judge.
23 OPENING STATEMENT BY MR. CALVERT
0 24 MR. CALVERT: February 16th of this year,
0 25 there were arrest warrants that had been issued for this
DENISE C.PHILLIPS, CSR
n .· OFFICIAL COURT REPORTER
-tj--- --··--·---- -------------- ------·-------2-9-2NB--B-I-STRI-CT-C0URT---------------------- ·----------------
0
] 23
1 1 individual, Dave Greer, and his girlfriend, Monishia
2 Campbell. The -- a number of deputies from the Brazos
~
J County Sheriff's Office were out that day looking for
3
4 Mr. Gr-eer and Ms. Campbell to serve those warrants, to
J
5 execute those warrants and place them under arrest.
j 6 Mr. Greer and Ms. Campbell were located
together. They were in Mr. Greer's pickup. He owns it.
} 7
8 The deputies see them driving the pickup and initiated a
1 9 traffic stop. It's not a traffic stop like somebody was
10 speeding. They knew that these individuals had arrest
J 11 warrants, and that's what they were ~topping them for was
l 12
13
to execute these warrants.
.-··'
~~ey
-: ...:·'
saw who was in the vehicle. They
\
J i
14 recognized
_.,.-._
them, and they knew who they were looking for.
15 And so, they get behind them. They turn the emE;!rgency
J
16 lights on. There's a number of Sheriff's vehicles there.
l 17 Some of them are marked, and some of them not marked.
18 The Defendant is driving. Monishia Campbell
l 19 is in the passenger seat. They don't stop immediately
20 when the lights go on. They keep driving a little biti
1
21 and then, eventually, an unmarked Sheriff's Office car or
l 22 van actually, pulls kind of in front of them, boxes them
23 in.
l 24 And you're going to see video of it.
t 25 Officers get out. They're executing the warrants. They
DENISE C.PHILLIPS, CSR
~ --------
OFFICIAL COURT REPORTER
------------------------------2-121-JD D-I STRI CTCOUR---or----------------
l
1 24
l 1 get out with weapons drawn, and they remove the Defendant
2 and Ms. Campbell from the truck.
} 3 They're going to jail on those warrants.
4 The truck is there sitting in the road and pursuant to
J
5 Sheriff's Office policy, like virtually every other law
J 6 enforcement agency, if a vehicle is going to be towed
7 you can•.t just leave a vehicle sitting out in public.
j
8 They have a policy that that vehicle has to have what's
1 9 called an inventory done where officers go in, and they
10 literally make an inventory of everything in the vehicle
1 11 that's going to be towed and taken to the tow yard or the
l 12
13
wrecking yard.
That protects the officers if something
1 14 turns up missing. It also protects the property of the
15 people who own it, the people whose property is being
I 16 towed away.
l 17 So, the officers go in; and they're doing an
18 inventory on the truck. And there's a lot of stuff in the
'1 19 truck, and you'll see photographs of it and hear testimony
~
20 about.it. And as they're going through, one of the things
21 that they find you'll hear that Monishia Campbell had
f 22 some stuff in the truck. She had a purse and, like, a
23 duffle bag with some of her clothing in it. And then
~ 24 there was some equipment, like, a winch and a jack and
t 25 various other things.
r-.------- DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRI.~C=T,~C~O~U=R~T=--------~------
r
0 25
u 1
2
But then one of the_ things they find kind of
in the backseat of this truck is a large black men's
8 3 leather jacket. And you'll see pictures of it and the
0 4
5
jacket itself. And when they go to pick that jacket up to
do the inventory search, they realize it feels kind of
D 6 heavy, and they start going through the pockets of it, and
7 they find a pistol. They find a gun in the -- I believe
D 8 in the right-hand front pocket on the jacket.
0 10
9 It was his jacket, and it was his vehicle.
And that's what bring us here today. You're going to hear
0 11 evidence -- and I believe the Defense is going to
·o 12
13
stipulate that he is a convicted felon.·
convicted of possession of methamphetamine out of Grimes
That he was
0 14 County, and that we are still within -- the offense date
15'
n 16
of that is February 16th -- was still within that time
frame that we talked about yesterday during jury
0 17
18
selection, prior to five years going by after he'd been
discharged from supervision.
D 19 So, again, what you're going to hear from
20 the evidence in this case is that the Defendant, who is a
D ' 21 convicted felon, had in his possession, in his vehicle, in
Q 22 his jacket, a .22 caliber pistol.
23 Now, I anticipate you're going to hear from
D 24 Monishia Campbell in this trial. And to be honest with
0 25 you, I'm not 100 percent sure exactly what she's going to
DENISE C.PHILLIPS, CSR
rt OFFICIAL COURT REPORTER
bf - --- ~-- --~- -~~·--------- --------~---~----~-2-7-2ND--D-IS'I'-R-I-G-T--GOU-R-T----~-------------------~ ---~------------- ---·-
0
n 26
Q. 1 tell you. But I will tell you that I anticipate whatever
2 she says today is probably going to be good for him
8 3 because Monishia Campbell does not want him in trouble.
8 4
5
Monishia Campbell is not a convicted felon.
And so, I believe you're probably going to hear Monishia
D 6 Campbell come in and try to say it was her gun. But the
7 evidence is going to show you otherwise.
0 8 And at the end of this case, I'm going to
0 9 ask you to go back there and find the Defendant guilty.
10 THE COURT: Mr. Gray, do you care to make an
u 11 opening statement?
0 12
13
MR. GRAY:
THE COURT:
Reserve.
All right.
0 14 Call your first.
15 MR. CALVERT: Terry Young.
0 16. (Witness sworn.)
,Q 17 THE COURT: Have a seat.
n
18 Go right ahead.
19 MR. CALVERT: Thank you, Judge.
0 20
21
TERRY YOUNG I
having been first duly sworn, testified as follows:
D 22 DIRECT EXAMINATION
23 BY MR. CALVERT:
D 24 Q. Good afternoon -- or morning, sir. Would you
0 25 introduce yourself to the members of the jury, please?
DENISE C.PHILLIPS, CSR
u· __ OFFICIAL COURT REPORTER
----I----------------2-7-2ND-DTS-TRIC.'I'-COUR-T------------I--------
.0
0 27
0- 1 A.
Q.
My name is Terry Young.
And, Terry, what do you do for a living?
2
8 3 A. I'm an investigator with the Brazos County
0 4
5
Sheriff's Office.
Q. How long have you been a cop?
0 6 A.
Q.
Since 1978.
And how long have you been specifically with
7
0 8 Brazos County?
0 9 A. I've been with Brazos County since February of
10 2005.
0! 11 Q. Where were you before?
12 A. I was with a Narcotics task force in Central
'G 13 Texas.
0 14 Q. Within Brazos County Sheriff's Office, what
15 division or what unit are you assigned to?
D 16 A. I'm with the Criminal Investigation Division.
D 17
18
Q. All right.
and what that is.
Describe for the jury what that means
D 19 A. Criminal Investigation Division is like what you
0. 20
21
see on TV. It's the investigators, the detectives of the
department, do all the follow-up on different offenses
D 22 that occur and try to do the more in-depth investigation
23 on cases.
10 24 Q. So, you're a detective or investigator for lack
0 25 of a better word, right?
DENISE C.PHILLIPS, CSR
r1 ··"' OFFICIAL COURT REPORTER
I I
-g···--------- ---------~--2-7-~N-B--D-xST-R-IeT-C::0URT----------·------ -----~-
0
28
1 A. Yes, sir.
2 Q. Okay. How long have you been doing that type of
.3 work as opposed to street-level patrol work?
4 A. I guess an easy 15 years.
5 Q. Okay. And you said you've been a police officer
6 total for how many years?
7 A. Since 1978.
8 Q. Okay. So one or two years?
0 9 A. One or two.
10 Q. Obviously, a lot of training in that time, right?
0 11 A. Yes, sir.
12 Q. A lot of experience in that time?
D 13 A. Yes, sir.
0 14 Q. On a variety of different areas?
15 A. Yes, sir.
0 16 Q. Including firearms? Do you have training in
n 17
18
firearms?
A. Yes, sir.
0 19 Q. I want to take you back to February 16th of this
0. 20
21
year.
A.
Were you on duty that day?
Yes, sir, I was.
0 22 Q. And did you have occasion to participate in and
23 help execute some arrest warrants on some individuals
D 24 named David Greer and Monishia Campbell?
D 25 A. Yes, sir, I did.
DENISE C.PHILLIPS, CSR
_Q__· _______ --------------0---;~!~-~~~~~-~.~~~~~~:~~-:~~R_______________
Q
\J 29
o. 1
2
Q. And the person that you know as David Greer, do
you see that individual in the courtroom here today?
0 3 A. Yes, sir, I do.
0 4
5
Q. Would you please point to him and describe an
article of clothing that he's wearing?
D 6 A. He's sitting over here at the Defense table
7 wearing. a tan shirt, and he has a ponytail.
0 8 MR. CALVERT: Judge, I ask that the record
0 9 reflect he has identified the Defendant?
10 THE COURT: So J}Oted ~--
0 11 Q. (By Mr. Calvert)· Now, you're a -- you said you're
D 12
13
a detective.
A. Correct.
You're an investigator, right?
0 14 Q.
I
So, can we agree that you don't normally go out
15 and, like, pull people over for speeding or things like
0 16 that. You're not driving around in a marked patrol car.
0 17 A. That is correct, sir.
18 Q. Okay. On this particular occasion, who all was
0 19 with you when you went out to serve these warrants on
David Greer and Ms. Campbell?
0 20
21 A. There were several members of the Criminal
a 22
23
Investigation Division. I could probably list them all if
you want, but there was probably at least six of us.
0 24 Q~ Okay. How many vehicles were involved?
,Q 25 A. Probably at least that many. Everybody was
DENISE C.PHILLIPS, CSR
f} . OFFICIAL COURT REPORTER
ld, ~~- --·- -.--- -----·--------~------------2-7·2-N-B--D-I~S-'F-R-IG-T-GOUR.!f-----~------------~~ -------~------
D
30
probably one to a vehicle, to the best of my memory. And
then, we also had a couple of marked patrol units with
uniformed officers.
Q. And now, at some point, were y'all kind of
concentrating your -- your efforts to locate the Defendant
and Ms. Campbell in one particular area of town?
A. Yes, sir, we were.
Q. And where was that?
A. That was around the 31st Street, I believe it is,
area.
Q. In what city?
A. In Bryan.
Q. And silly question, but I have to ask it. Is
that area of town that you're talking about, is that
located in Brazos County?
A. Yes, sir, it is.
Q. Is it also located in the State of Texas?
A. Yes, it is.
Q. While y'all were out there kind of searching that
area for the Defendant and Ms. Campbell, did y'all see
them and kind of make contact with~th~fu~
.,·.·-. - . \:.:-
A. Yes, sir, we did. <
Q. And were they in a vehicle?
A. Yes, sir, they were.
Q. Whose vehicle?
DENISE C.PHILLIPS, CSR
~~~-~-~- ~------------~---------0~-~-~-~~~~±~~~~~T R:~~-~~-_,_E_R_______________,____________
1
31
J
1 A. They were in a black Ranger pickup that comes
2 back registered to Greer.
3
4
Q.
A.
Okay.
Yes/ sir/ it was.
-
And did y'all recognize -- it was daytime?
5 Q. Okay. Did y'all re8ognize -- just from being
6
-----
able to see who was in the truck?
7 A. Yes 1 sir/ we did.
8 Q. And who was that?
9 A. It was Mr. Greer and Ms. Campbell.
10 Q. And are they in a relationship; or at the time/
11 were they in a relationship?
i)'· 12 A. That's what I understood/ sir.
!I
L}:
13 Q. Okay. Was there anybody else in the truck?
14 A. No 1 sir.
15 Q. What 1 if anything/ did y'all do once the
16 Defendant and Ms .. Campbell had been identified as the
17 people y'all were looking for?
18 A. Once we had identified them that they were -- we
19 saw that they were in the vehicle and that the vehicle was
20 driving down the roadway/ ~ had patrol units pull them
21 over for the purpose of executing the arrest warrants.
22 Q. Okay. And you say "patrol units." Does that
23 mean like the marked police cars that we see driving
24 around?
I 25 A. Yes 1 sir/ it does.
DENISE C.PHILLIPS 1 CSR
~ _________· . ---~----------0--.~-~-~-~-~~~I-~~~~~T R:~~~~f--E--R---~--~---~---
1
32
Q. Where are the unmarked cars while that. stop is
}---. 1
2 being made?
1 3 A. we·~~
. ,.- ,.
at various locations behind, beside ~nd
·:c..,.
4 just kind of around the area of where the -- everything
;}
5 is.
) 6 Q. So, all those vehicles that you described
7 earlier, the marked cars and the unmarked cars, are they
'~
1.
8 all kind of right there together?
} 9 A. Yes, sir.
10 Q. Okay. What happened when the -- I guess, the
~ 11 lead police car got behind the Defendant's truck and
12 turned the lights on? Did the Defendant immediately stop?
~-
13 A. No, sir, it looked like it took approximately a
14 block for him to go ahead and pull over and stop.
b ;
15 Q. Okay. Were there places he could have pulled
u 16 over prior to the time that he did?
~-- - .. - . - .- -- .
J 17 A. Yes, sir, there was.
18 Q. Ultimately, did any of y'all's vehicles, the
~ 19 Sheriff•s.Office vehicles, do anything to kind of
20 facilitate getting that truck stopped?
u 21 A. Yes, sir.
A
:} 22 Q. What happened?
23 A. One of the other vehicles, a black Tahoe, ended
J 24 up pulling in front of the vehicle and pulling over and
1 25 stopping, and the driver of that vehicle actually ended up
DENISE C.PHILLIPS, CSR
T~-- ----------------- ----~~~~~~~~1~~~~-~T-~~~~~-~-E-R---~--------·---------~
}
33
l 1 at gunpoint hel~ing stop the vehicle.
2 Q. Okay. So, using the cars, did y'all kind of.box
} 3 the truck in?
l 4
5
A.
Q.
Yes,
Okay.
sir.
And you said something about gunpoint.
} 6 Y'all were executing a warrant. Did officers get out with
t '-' 7 weapons drawn pointed at the Defendant's truck?
1
8 A. Some did~ yes, sir.
) 9 Q. Okay. And at that point in time, were both the
10 Deferidant and Ms. Campbell arrested and taken into custody
11 11 on those warrants?
12 A. Yes, sir, they were.
J
13 Q. Now~ I'm ~oing to
14 MR. CALVERT: May I approach the witness,
15 Judge?
~ 16 THE COURT: Yes, sir.
17 Q. (By Mr. Calvert} I'm going to show you what's been
J
~ 18 marked for identification purposes as State's Exhibit
.} 19 No. 3. Have ·you reviewed that video of the stop?
20 A. Yes, sir, I have.
~ 21 Q. And is that a fair and accurate recording of what
} 22 happened in terms of what y'all could see in the movement
23 of the vehicles?
I 24 A. Yes, sir.
25
} Q. Okay.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
1-------~·- -------------,-------2-7-2-N·B-DI-S'I'R-H~-T-GGUR'I''---------------- -------
~ .
34
1 MR. CALVERT: Judge, we would offer State's
2 Exhibit 3. This has previously been provided to Defense
3 counsel.
4 (State's Exhibit No. 3, Video, offered.)
5 MR. GRAY: No objection.
6 THE COURT: That will be admitted.
7 (State's Exhibit No. 3 admitted.)
8 MR. CALVERT: Permission to publish State's
9 Exhibit 3, Judge?
10 MR. GRAY: No objection as previously
11 agreed.
12 MR. CALVERT: Judge';'''\t.h~ p-DrSTR-r-eT-e0tJRT------------------- - - - - - - - - -
u
0 109
:Q _ 1 THE COURT: Now, hets not identified.
2 MR. CALVERT: He is identified -- he's not
0 3 identified in this courtroom, but he's .identified to the
D 4
5
person receiving ~he
THE COURT:
tip.
Okay.
0 6 MR. CALVERT: And there is no right to
7 confrontation at that stage, and we are not relying on
'0 8 any -- in this courtroom in terms of evidence in front of
0 9 this jury, we are not relying on any, you know,
10 information from that informant for purposes of this
B 11 trial. Therefore, there's no right to confrontation here.
The only basis for that is the stop. And
D 12
13 so, you have a tip from a known identified individual to
0 14 Investigator Ledesma that is presumptively reliable in and
15 of itself simply due to the fact that this is a known
G 16 person, identified person making the tip.
0 17 We haven't got yet to the fact that this
18 person has proven to be credible and reliable in the past.
[j 19 That's over and above what's required by law. Moreover,
0 20
21
Your Honor absolutely correctly pointed a critical
distinction in this particular scenario when you
0 22 referenced a search warrant.
23 The standard of proof required for a search
J 24 warrant in which case this would be sufficient is probable
J 25 cause. We're not talking about probable cause here.
DENISE C.PHILLIPS, CSR
J____ ------- -------------------~~-~-~-~-~~~~-~~~~~T~~~~-:~_._E_R-------------1------------
J
110
l
We're talking about an investigative detention. We're
l 1
2 talking about a traffic stop. All that's required is
] 3 reasonable suspicion.
---=---------
~.
4 The officers only have to have reasonable
"
5 suspicion that this individual and the other individual,
~· 6 Monishia Campbell, were in that vehicle. And so, then,
7 you go back to what we have. We have a known inform -- a
~ 8 known person making a presumptive -- a legally
~ 9 [i~esumptively reliable tip to law enforcement that these
10 two people are in this vehicle. That's the -- and they're
1 11 in this area. That's the evidence that's in the record so
~
12
13 Moreover, in addition to it being
] 14 presumptively reliable under the law, that individual
15 that's telling them that, has already previously been
·~
16 found to be credible and reliable in the past. They go
~ 17 out there. Sure enough, there's the vehicle. There's no
18 way that that is not reasonable suspicion for those
u 19 officers to stop that vehicle and further investigate
20 what's going on.
~ 21 And so, on the basis of the stop, because
~ 22 reasonable suspicion is the only standard, the low
23 standard that we're using for the stop, there's more than
J 24 enough. There's ample evidence to support a finding of
25 reasonable suspicion that the stop is good. And as
J
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
~---- - · - - - - ------272ND-DrSTRTCT-COURT------------. -------·--·--·
]
\ 111
J
J__ 1 Counsel already said, there's no question that the
2 warrants are good, and the evidence is very clear that the
l
! 3 resulting s~arch was conducted pursuant to their inventory
1
4 policy. '
If it was not as thorough as Counsel would have
5 liked, that goes to weight, not admissibility.
,,'
'\
j 6 MR. GRAY: Judge, I agree. The standard as
7 to a detention is there must be reasonable suspicion to
1
1 8 pull over the vehicle; but with that, you need specific
} 9 articulable facts to get into that. And they don't have
10 that.
n
u 11 They've got a confidential informant that we
12 don't know what in the world the person said to
1;
13 Investigator Ledesma. We don't know about any of the
~
i{
if
14 specifics, how he described my client, the vehicle, any of
15 these things. And the person hasn't been determined to
~
u 16 be all he said was a broad statement. He's reliable,
:l
17 or the CI is reliable. That's not enough. It's not
~-
18 specific and articulable.
} 19 If we can't go to that person and get
20 specific facts as to how do you know that was the right
J
21 person, how do you kpow that was the right truck? And
~ 22 then, we have no ability to cross-examine this person
23 because they won't give us the information.
24 THE COURT: I'm going to deny the motion to
25 suppress.
DENISE C.PHILLIPS, CSR
~--- ---- --------~------------~~-~-~~~~~-r~~~-~~T~~~~~~E_R_________~-- -----------
} 112
~ 1 Ready to bring out the jury?
J-
2 MR. CALVERT: Yes, sir.
~
J, 3 MR. GRAY: Yes, Judge.
~
4 THE COURT: Bring them out.
5 {Jury seated.}
~ 6 THE COURT: Everyone be seated.
7 Mr. Gray?
~
;:;
MR. GRAY: Judge, we would call Monishia
8
~ 9 Campbell.
10 THE COURT: All right.
u 11 I believe I have previously placed this
12 witness under oath.
~ 13 Go right ahead, Mr. Gray.
J 14 MR. GRAY: Thank you, Judge.
u
15 MONISHIA RENE CAMPBELL,
~ 16 .h~ving been first duly sworn, testified as follows:
n 17 DIRECT EXAMINATION
u
18 BY MR. GRAY:
} 19 Q. Could you go ahead and state your name for the
20 record?
~ 21 A. Monish~a Rene Campbell.
. ~- .
~ 22 Q. Okay. And just to kind of look forward right
23 away, do you know David Greer?
~
1' 24 A. Yes, I do.
~
25 Q. How do you know him?
DENISE C.PHILLIPS, CSR
~- OFFICIAL COURT REPORTER
~·-------- ---------------------2-?2ND-DISTRTCT-COURT _________________ - - - - - -
~ 113
J
l 1 A. I was in a relationship with him for years.
J-
2 Q. Okay. About how long were you two in a
l 3 relationship?
~- 4 A. Two years.
u
5 Q. Two years. Okay. And let me draw your attention
u 6 to February the 16th, 2012~ Were you with David in a
7 vehicle that was pulled over by the police?
] 8 A. Yes, sir.
9 Q. Okay. And not going into the specifics as to the
J
10 arrest, you were arrested and placed in handcuffs; is that
0
[J 11 right?
~
u
12 A. Yes, sir.
13 Q. Okay. And was David -- was he also arrested and
J 14 placed in handcuffs?
u
'1 15 A. Yes, sir.
J 16 Q. Now, we've talked about February 16th, which was
~ 17 the day of the arrest. The day before that, did anything
18 happen between you and David?
~
!J
u 19 A. We got in an argument.
20 Q. Okay. And not going into what anybody said, was
~ 21 it your intention at that·~~{~t that you guys were going
0 .... ·...
u 22 to break up?
23 A. I needed some space away from him. I was mad.
~
~ 24 Q. Okay. And so, in response to that, what did you
!\ 25 do as far as your belongings?
J
DENISE C.PHILLIPS, CSR
~ .. ' OFFICIAL COURT REPORTER
J---·--- -------·----------·--';.z-9-2-ND-BI-STR-IE:T-E:0URT·------~------- --------
~--------------------------------------------------------------~
114
J
l
0
1 A. I grabbed whatever clothes and items I could
2 grab, and I grabbed a gun and placed it in my bag and
J 3 left.
A 4 Q. Okay.
~
5 A. I had called him the following day, the next day
~ 6 and asked him to come get me, and he did, and we got
n 7 pulled over.
tl
J
8 Q. Let's back up just a little bit. So, you grabbed
~ 9 all your belongings, What all did you grab?
u
10 A. I grabbed the gun. I grabbed some clothes, a
~ 11 jacket, just a bunch of stuff. I mean, it was the heat of
12 the moment. I was mad. Whatever I could grab.
J
13 Q. And where did you -- where did you place those
n
~ 14 items?
15 A. In a bag, kind of like a duffle bag.
~ 16 Q. Okay.
il 17 A. I just crammed it all in there.
u
18 Q. And then, where did those items ultimately go?
J 19 A. In the back of the truck.
~
20 Q. Okay.
21 A. But they -- it was all mine.
22 Q. Okay. So, we have these items that you put in
23 the back of the truck. Is that the same truck that David
24 was driving on the date that y'all got pulled over?
25 A. Yes, sir.
DENISE C.PHILLIPS, CSR
1~···~-- _____________________o_~-~-~~~A~I"~~~~-~TR~;g~~..-E_R___________ 1__________~
'l 115
I
J
l.
. ·.
1 Q. Okay.
2 MR. GRAY: May I approach, Judge?
J 3 THE COURT: Yes, sir.
~
4 Q. (By Mr. Gray) Let me show you a couple of items.
5 One of which is going to be this jacket. Do you recognize
~ 6 this jacket?
7 A. Yes, sir.
J 8 Q. Okay. And how do you recognize it?
~ 9 A. That's a jacket that I had in my property.
10 Q. Okay. Is that one of the items that you grabbed
~ 11 when you were getting your belongings together?
~
12 A. Big possibility, because like I said, I was mad;
13 and I just grabbed a bunch of stuff.
~ . ·..
14
I Q. Okay.
15 MR. GRAY: What did we do with the gun? Is
~ 16 it locked up?
i]
17
~
Q. (By Mr. Gray) We've already checked to make sure
18 there's no ammunition; and it's not a live pistol; but
J 19 just looking at this, do you recognize this?
20 A. Yes, sir.
J
21 Q. What is that?
22 A. That is a .22 revolver.
J
23 Q. Okay. And whose revolver is that?
~ 24 A. That is mine.
~
25 Q. Okay. And does it look -- I guess other than the
DENISE C.PHILLIPS, CSR
~-~~-~- · - · - ____________________o-'-'~!~~~~~:r-~~~~~T~~~~-~~-E_R_·------~------
l 116
l 1 dust, the fingerprint dust, does it look to be in about
2 the same condition as the last time you saw it?
J 3 A. Pretty much.
~
4 Q. Okay. And you say that that's your gun; is that
5 right?
!J 6 A. Yes, sir.
7 Q. That's not David's gun?
~- 8 A. No.
~ 9 Q. Okay. Why would you need a gun?
10 A. I had been sexual assaulted and kidnapped a
~ 11 little while ago. Protection.
n 12 Q. Okay. I drew your attention to the date of
lJ
13 February 16th. Was the rape and kidnapping, did that
·~ 14 happen before this date?
15 A. Yes.
~ 16 Q. Okay. Now, my intention is not to go into the
~
17 details of that or to bring that up, but is it fair to say
18 that's why you had the pistol with you?
~ 19 A. That's exactly why I h~d it.
20 Q. Okay. Now, when you grabbed that, that pistol
~ 21 and your clothes, do you recall precisely where you put
22 the pistol?
J
23 A. No, I was -- like I said, it was the heat of the
:l
lJ 24 moment. I just stuffed whatever I could wherever I could.
~
25 I just wanted -- I was mad, and I just wanted to get up
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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1
117
1
1 and get out of there. But I definitely didn't want to
2 leave the house without being armed with something.
3 Q. Was that -- was it such that you left the -- even
4 though you don't know where precisely you put the pistol,
5 is it do you recall whether you left it out in the
n
u 6 open; or would it have been potentially covered with
7 something?
8 A. Pretty much I would have covered it with
9 something because I wouldn't want him knowing that I had
10 it.
11 Q. Why is that?
12 A. Because I knew he was a felon. I didn't want to
13 get him in trouble.
14 Q. Okay. And when you grabbed your clothes, was it
15 just one or two garments; or was it a pile?
16 A. It was a bunch of stuff.
17 Q. Okay. So, not a situation where you planned a
18 trip to the Bahamas; and you neatly folded and packed
19 everything?
20 A. Exactly, I just crammed and stuffed.
21 Q. Okay. At the time that you-all were pulled over
22 on February 16th and a day or so before that, would it be
23 fair to say that you were concerned for your safety?
24 A. Yes, I still am.
25 Q. Now, at least at that time, to your knowledge,
DENISE C.PHILLIPS, CSR
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0 118
D- 1 was that individual out on bond that committed those acts
2 against you?
0 3 A. Yeah, he was. They put some bracelet around his
0 4
5
ankle thinking that would keep him away.
Q. Okay. Now, that -- that -- that, in fact, is
0 6 David's jacket; is that right?
7 A. Yeah.
0 8 Q. Okay. But would you wear it from time to time?
0 9 A. I wore all his jackets.
10 Q. Okay. Do you -- do you tend to wear -- I mean,
0 11 you're a petite you're a small person. Do you tend to
wear larger jackets?
0 12
13 A. I stay cold, and bigger jackets keep me warm.
0 14 I'm able to tuck myself up in them.
15 Q. Okay. And we've already looked at the video; and
0 16 the Prosecutor may play some of that for you here in a
0 17 little bit; but when you were arrested, were you wearing
18 an oversized jacket then?
0 19 A. I was wearing an extra large.
20 Q. When you were arrested?
0 21 A. Yes.
0 22 Q. And then, I guess, more recently when I and my
23 legal assistant came out to the country -- and we won't
0 24 get into the address and disclose the location as to where
0 25 you're living right now -- but when we went out there,
PENISE C.PHILLIPS, CSR
8-~--~--~-- ---~---------------O~~~~~~~T~~~~-~T~~~~:~-ER____________ ----------
0
119
o. . 1 were you wearing a jacket then?
.I was wearing a XL -- an XL jacket.
2 A.
0 3 Q. Okay. And that was different than the black one
..
and the one you were wearing at the time of your arrest;
B 4
5 is that right?
0 6 A. Yes.
7 Q. Had you ever seen David Greer handle that gun?
0 8 A. No.
D 9 Q. Did you have any information or anything to lead
10 you to believe that he was aware that gun was back there?
0 11 A. I know for a fact he didn't have no clue. Like I
12 said, I wasn't mad at him; but I wasn't wanting to get
0 13 anybody in trouble.
0 14 Q. When you stayed with ~- were you guys sort of
15 living together at that time?
0 16 A. Yes, we were.
0 17
18
Q. Okay. When you would stay with him and you were
living with him, where would you keep that gun at then?
19 A. I had a hole in the wall, out of sight, out of
20 mind.
21 Q. Again, I don't -- my intention is not to upset
u 22 you, and I don't want you relive the past, but there's a
23 few other questions I need to visit with you on.
24 Have you -- have you been convicted of any
25 felonies or crimes of moral turpitude that would be
DENISE C.PHILLIPS, CSR
-· L-~ --- -- --- -------------·-·--------·····~~-~-~~~~~I ~-~-~-~-~T~~~~~-~~~------------·------~--- ·-·---··--·----------
w
\
0 120
0-. 1 misdemeanors?
2 A. That would be misdemeanors?
0 3 Q. Any felonies. First of all, let 1 s· talk about
felonies. ·Have· you been convicted of any felonies?
0 4
5 A. Yeah, possession of crack cocaine of less than a
0 6 gram.
7 Q. And where was that out of?
0 8 A. Galveston County.
0 10
9 Q. Okay. At the time of the arrest in February of
this year, were you on probation for that felony offense?
0 11 A. At the time of that arrest?
12 Q. Yes.
0 13 A. I was-- yeah,· I was supposed to be. I had a
0 14 warrant for my arrest in Galveston County when they pulled
15 us over in Bryan. I went and did eight months in
0 16 Galveston County after I had gotten the other charges
0 17
18
dropped.
Q. Okay. S9, let me stop you there. This probation
0 19 that you were on, eventually, you were revoked; and you
20 spent some time in jail; is that right?
0 21 A. Yes, sir.
0 22 Q. So, it 1 s fair to say you wer.e convicted at some
23 point of that offense?
0 24 A. Yes.
0 25 Q. Okay. But going back to the date of February of
DENISE C.PHILLIPS, CSR
~-~ ' OFFICIAL COURT REPORTER
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B
121
1 this year when you guys were pulled over, were you -- you
2 had not been revoked; is that correct?
3 A. When this happened and not -- not at the time. I
··- - • -+ •• •
4 think it was pending is -- when I got there, they said it
5 was pending [sic] on whether they needed to revoke it or
6 if they were going to reinstate it or just let me do my
7 time; and I chose to just do time.
8 Q. Okay. I think there's a little bit of confusion
9 there. So, let me try to clear it up.
10 You understand that the way it works is if
11 you're placed on probation and you do everything you're
12 supposed to, everything is good and you don't get
13 arrested; is that right?
14 A. Exactly.
15 Q. Okay. But if you violate your probation in any
16 way, there's a possibility they could file a motion to
17 adjudicate or a motion to revoke; is that fair to say?
18 A. Yes.
19 Q. Now, even though there may be a warrant out
20 pending, until a District Judge accepts -- either has a
21 hearing or accepts a plea, then that case is not final.
22 Does that make sense?
23 A. Exactly.
24 Q. Okay. So, I want to go back in time again to
25 February. There may have been a motion to proceed filed,
DENISE C.PHILLIPS, CSR
n 122
but had you been revoked and sent to jail yet?
D- 1
2 A. No.
O 3 Q. Okay. And do you know what type of probation you
4 were on there in Gai"veston?
B 5 A. I was on deferred, deferred adjudication.
0 6 Q. Okay. And is that such that you're not
7 convicted --
0 8 A. If you complete the deferred, you don't have it
0 10
9 no longer on your record.
Q. Okay. And then -- okay.
I didn't complete it.
So, then, that's the
0 11 felony. And then, are there any misdemeanors, the
12 moral-turpitude-type crimes, which would be thefts or
0 13 A. I've got two thefts. I've got prostitution.
0 14 Q. And those were convictions as well?
15 A. {Nods head.}
0 16 Q.
awhile on that ~n~ case; i~ th~t right?
0 17
18 A. Yes.
0 19 Q. Okay. And are you and David currently together
20 now?
0 21 A. {Shakes head.}
D 22 Q. No? Okay.
23 MR. GRAY: Pass the witness.
D 24 CROSS-EXAMINATION
0 25 BY MR. CALVERT:
DENISE C.PHILLIPS, CSR
1-1
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0
D 123
o. 1
2
Q. At the time, y'all were living
2012, you were living with him, right?
in February of
o~
3 A. (Nods head.)
You have to yes or no for the court reporter.
0 4
5
Q.
A. Yes.
0 6 Q. Okay. And the day before, you said that y'all
7 got in an argument; and you were packing your things.
0 8 Where was David when that was going on? You said it was
0 9
10
heated;
A.
He was still there,
Yeah, we were
right?
had arguments; and he --
0 11 usually, when we fight or had an argument, he walks out.
12 Q. And so, he wasstill at the house when you told
0 13 this jury you were packing up your things?
0 14 A. Yes.
15 Q. Now, you told the jury a minute ago that the
0 16 Defendant didn't know that there was a gun in that jacket;
0 17
18
is that right?
A. Yeah.
0 19 Q. And let me back up for a step. Your testimony
20 was that -- that you had taken that gun that you're now
0 21 saying is yours; and you'd taken it from home; and then,
[] 22 were with the Defendant and going back home·at the time
23 y'all got stopped, right?
0 24 A. Yes.
0 25 Q. And you said that -- you made it a point to tell
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 . ____________ -------·-·----·---------- ______ 2_'I2:ti!D_D_IS.TRI.CT_CODRT_________________ ----~------
0
124
1 the jury -- you specifically said when you were packing up
2 your things, you made it a point to get that gun and take
3 it with you, right?
0 4
5
A.
Q.
Yes.
Now, I think when you told Earl just a minute ago
0 6 what it was in -- I think your words were -- and I'm more
7 or less quoting -- "pretty much, I think I would have
D 8 wrapped it up to hide it from him." That's what you said,
0 9
10
right?
A. Yeah.
0 11 Q. So, you -- are you saying you think you wrapped
0 12
13
it up; or are you saying you did wrap it up?
A. There's a big possibility I did wrap it up
0 14 because I -- No. 1, I wouldn't want him -- not just him to
15 see but anybody else.
0 16 Q. Okay.
0 17
18
A. And it's realiy hard for me to remember a lot at
that time because, like I said, we were fighting; and it
0 19 was the heat of the moment.
u 20
21
Q. I understand. And I understand some time has
past, but I'm asking -- I'm not talking about
D 22' possibilities. I'm asking about what you remember.
23 Are you telling this jury today that you
0 24 don't specifically remember wrapping up the gun before you
0 25 took it with you?
DENISE C.PHILLIPS, CSR
rJ · ·" OFFICIAL COURT REPORTER
·h:J-~------ -----·- ~--------·--~-~·-----~-~·2-7-2ND--D±S.!:.r-R-:1G'I'--GGUR-'I'---·----~-------------~--- ----------
u
0 125
0 1 A. No 1 I'm not saying that.
2 Q. Okay. So 1 you do specifically remember wrapping
0 3 up the gun before you took it with you?
0 4
5
A. Yeah 1 I'm going to go ahead and say that because
that's usually what my actiohs would do.
[( 6 Q. Are you saying it?
7 A. I'm saying 1 yes 1 I wrapped the gun.
0 8 Q. Right. I .understand you're saying that. Are you
0 10
9 saying it because that's what you would normally do
are you saying that because that's specifically what you
1 or
0 11 remember in this scenario?
0 12
13
A.
Q.
That's what I can vaguely remember.
Okay. Well 1 do you remember talking to me
0 ;
;
14 yesterday out in the hallway?
15 A. Yes.
0 16 Q. And that was the first time you and I have ever
0 17 spoken about this case/ right?
18 A. Yes.
0 19 Q. And you remember telling me specifically that
you/ quote/ "wrapped it up in clothes." Do you remember
0 20
21 saying that?
0 22 A. Yes.
23 Q. And you didn't equivocate on that/ did you? You
0 24 didn't -- there was no hesitation when you told me that 1
0 ;
25 right?
DENISE C.PHILLIPS CSR
1
OFFICIAL COURT REPORTER
-8----- --- ------- -----------------------~-7-2-NB-B-I-ST-RTeT--CGURT--- ------------------------ ---------------·-
0
0 126
0- 1 A. There was. There was a pause.
2 Q. So, it's your testimony now that you -- are you
0 3 aware that I was recording that conversation?
A. No, I wasn't aware that you were recording
0 4
5 anything.
0 6 Q. Okay. And then you said that you wrapped it up
7 in clothes, and you put it in a black duffle bag with the
D 8 rest of your clothes, right?
0 10
9 A.
Q.
Yes.
And you then said that it was still wrapped up in
0 11 your clothes and in that black duffle bag when y'all got
pulled over, correct?
0 12
13 A. Yes.
0 14 Q. So, that gun was in your bag, right?
15 A. Yeah, it should have been.
0 16 Q. Right. There's no reason for, like, in the car
0 17
18
ride for y'all to, like, take it out and do anything with
it, right?
0 19 A. Well, I remember specifically being -- before
20 being put into the police car, there were officers already
0 21 digging in the back of the seat digging through my items.
0 22 Q. I understand. I'm talking -- my question is when
23 y'all were driving around, there was no reason for y'all
0 24 to to have that gun out or anything like that, right?
[] 25 A. There shouldn't have been, no; but I did have all
DENISE C.PHILLIPS, CSR
p· .
-l';j- ---- ·-- --- -----···- ··-
OFFICIAL COURT REPORTER
---------------2-7-2-ND-BI-STR-I-G-'I'-GGHR'I'-------------- ---·-- ----·· - - - ·--·
0
Cl 127
0-- 1 my stuff thrown in the back when he picked me up. The
2 majority of my clothes were all in a bag. My jacket --
0 3 Q. Let me try that again. WhiLe y'all were driving
0 4
5
around that day, before you got pulled over, there was no
reason for y'all to be having that gun out, was there?
0 6 A. No.
7 MR. CALVERT: May I approach the witness,
0 8 Judge?
0 10
9
Q.
THE COURT:
{By Mr. Calvert)
Yes, sir.
You testified a minute ago to
0 11 Mr. Gray -- and I want to make this really clear. This
12 jacket right here, State's Exhibit No. 10, that's his
0 13 jacket, right?
0 14 A. Yes.
15 Q. He got this from his mom
0 16 A. Yes.
0 17
18
Q. correct?
And it survived a fire. That's why it was
D 19 significant, correct?
20 A. Yes.
0 21 Q. And you told Detective Ledesma all about that,
0 22 how that was his jacket, right?
23 A. Yes.
0 24 Q. And where it came from, correct?
0 25 A. Yes.
DENISE C.PHILLIPS, CSR
rl . · OFFICIAL COURT REPORTER
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0
0 128
0- 1 Q. Now, your testimony today, though, is that this
2 jacket was actually -- well, we can agree you weren't
0 3 wearing this that day, right?
0 4
5
A.
Q.
Right.
Because you were wearing another jacket. You
0 6 were wearing a camouflage jacket that day, correct?
n 7
8
A. I wasn't wearing a camouflage jacket, no.
was wearing the camouflage jacket.
Dave
I was wearing a black
0 9 and red flowery satin jacket which was an extra L.
10 Q. Okay. Are you aware that he wasn't wearing any
0 11 jacket when y'all got stopped?
12 A. He had a camouflage hoody jacket on when we got
0 13 arrested.
0 14 Q. So, it's your testimony that at the time y'all
I
15 got stopped, when the police got behind y'all, Mr. Greer
0 16 w-as-wearing a camouflage jacket?
. . .---......
0 17
18
A.
Q.
'Yes ..
Ok~y. And this, according to you today, was in
0 19 your black duffle bag in the backseat?
20 A. Yes.
0 21 Q. There was no reason because you were wearing a
0 22 jacket and you said that he was wearing a jacket -- there
23 was no reason for this, State's Exhibit 10, to be out, and
0 24 y'all doing anything with it while you're driving around
0 25 that day, correct?
DENISE C.PHILLIPS, CSR
-Q~--~ -·- --·-·------------0-!!~-~~~~:E~~-~~~T~~~-~-~~E~----------- __
0
0 129
D--,· 1 A. Correct.
2 Q. Okay. Oh, another thing is you told Earl a
n 3 minute go that you know for certain -- well, obviously, he
knows -- the Defendant knows this is his jacket, correct?
0 4
5 A. Yeah.
'0 6 MR. GRAY: Objection. Calls for speculation
7 as to what someone else knows.
0 8 MR. CALVERT: I think the Defendant --
0 9
10 Q.
THE COURT:
(By Mr. Calvert)
Overruled.
There's no question -- I mean,
0 11 this is his jacket. It belongs to him, correct?
12 A. Yes.
0 13 Q. He got it from his mother, correct?
0 14 A. Yes.
15 Q. Okay. He'd had that for a long time prior to
16 that day, correct?
0 17
18
A.·
Q.
Somewhat, a few months.
Months, right? He didn't get it the day before.
0 19 It had been there for a while, correct?
20 A. Correct.
0 21 Q. Now, a minute ago, you told Earl that you -- that
0 22 the Def~ndant did not know that that gun, State's Exhibit
23 No. 11, was in that truck. Do you remember telling Earl
0 24 that a minute ago?
0 25 A. Yes.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
---------~------------· ---------2 72ND-DISTR-r-CT-COU1~.T---~-~--...,-------- -- ·---------~---~-
[] 13 0
0--, 1 Q. And so, there's certainly -- you know, did you
2 carry that gun in that jacket? I mean, or -- or what did
[j 3 you wrap the gun up in when you -- when you wrapped -- you
0 4
5
say you wrapped it up in your clothes?
A. I wrapped it up in my clothes and stuck it in my
0 6 bag.
7 Q. Okay.
0 8 A. I --
0 9 Q. So, when you say "wrapped it up," you didn't like
10 specifically put it in a particular pocket. You just kind
0 11 of wrapped it up and stuffed it in, right?
D 12
13
A.
Q.
(Nods head. )
You have to say yes for the court reporter.
0 14 A. Yes. Yes. Yes. Yes. Yes.
15 Q. And you're telling this jury that the Defendant
D 16 had no idea that there was a gun or anything illegal in
[i 17 that vehicle, correct?
18 A. Correct.
0 19 Q. And you're telling this jury that there's no
20 question at all in your mind, in his mind and anybody's
0 21 mind that was there, that that jacket belongs to him,
0 22 correct?
23 A. Correct.
0 24 Q. So, we can agree that there was absolutely -- if
0 25 he knew -- or excuse me -- if he did not have any idea
DENISE C.PHILLIPS, CSR
g- - - - ------ --- ~----~ ----------~-----~~-~~~~~I~~~~-~TR~~~~~~~--~--- ------------------------------------------
u
0 131
n--
...... -
1 that there was anything illegal in that truck or that
2 there was a gun in that truck, would you agree with me
0 3 that there was absolutely no reason at all for him to lie
[J 4 to the police about that being his jacket?
5 A. Exactly.
[] 6 Q. Okay. When you talked to Rick Ledesma -- and you
7 knew Rick Ledesma before that day, right?
0 8 A. Yes.
0 9 Q. Y'all had a relationship, correct?
10 A. He was the investigator on my kidnapping case.
0 11 Q. Right. He's a nice guy, right?
12 A. (Nods head. }
0 13 Q. Was he always good to you, friendly to you?
0 14 A. Yeah.
15 Q. He came -- do you remember him coming up to you
0 16 while you were sitting in back of the squad car after you
0 17
18
got arrested and having a conversation with you?
A. He had asked me
0 19 Q. Well, before we get into that. Do you remember
20 him coming back there and having a conversation with you?
0 21 Yes or no.
[] 22 A. Yes.
23 Q. And when he came back there, he had that jacket
0 24 with him, correct?
[I
y
25 A. Yeah.
DENISE C.PHILLIPS, CSR
0·- - ------ -------------- OFFICIAL COURT REPORTER
272ND-D"I-STRrCT--C01:JRT-----------~~~--~-- --·--·-----
0
n 132
0-· 1 Q. And he asked you whose jacket that ·was, correct?
2 A. Yes.
0 3 Q. And then before you answered, he told you
0 4
5
something, didn't he?
A. Truth.
He said tell me the what?
0 6 Q. Uh-huh. And what did you say?
7 A. I told him the truth.
0 8 Q. You said -- and let me clarify. You refer to him
0 9 as Hillbilly, right?
10 A. Yes.
0 11 Q. That's his name to you. You don't call him Dave
12 or David. You call him Hillbilly?
0 13 A. I call him Hillbilly, yes.
0 14 Q. You told Rick Ledesma, "That's Hillbilly's
15 jacket," correct?
0 16 A. Yes.
D 17
18
Q. And then,. Investigator Ledesma asked you,
want to claim the gun that was in this jacket"?
"Do you
Do you
0 19 remember him asking you that?
20 A. He asked me word for word if I knew whose gun it
0 21 was. If I knew that gun -- that there was a gun in it. -
0 22
23
Q. Are you aware that you were being videotaped at
that point in time?
---···----.
0 24 A. No, I wasn't.
0 25 ·Q. Okay. So, can we agree that the videotape would
DENISE C.PHILLIPS, CSR
Q~-~-
OFFICIAL COURT REPORTER
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u
0 133
1 probably be a little bit more clear on that conversation
Cl
2 than your recollection? Would you agree with me on that?
0 3 A. Yeah.
0 4
5
Q. Okay. And so, if the videotape shows
Investigator Ledesma going back there and saying -- well,
D 6 I'll come back to that in a minute.
7 He asked you about the gun that was found in
0 8 that jacket, correct?
0 9
10
A.
Q.
Yes.
And when he asked you about the gun, you were
D 11 really surprised to find out there was a gun in that
12 jacket or a gun anywhere in the truck, weren't ever?
0 13 A. I wasn't really surprised. I was scared.
·o 14 Q. So, it's your testimony that you were not
15 surprised when Investigator Ledesma told you that they had
0 16 found a gun in that jacket?
0 17
18
A.
Q.
Exactly.
And you immediately said no, no, no, no, no,
0 19 that's not my gun, right?
0 20
21
A.
Q.
Yeah.
And you were not a convicted felon at that point,
0 22 right?
23 A. No.
24 Q. There was nothing illegal about you having a gun
25 at all, was there?
DENISE C.PHILLIPS, CSR
0 134
1 A. No, there wasn't; but I did not know that
2 specifically at that time either.
3 Q. Now, you several times told Investigator Ledesma,
4 "That is not my gun. That is not my gun -- or not my
5 jacket. That's Hillbilly's jacket, and I didn't know that
0 6 there was a gun. It's not my gun. It's not my gun." You
7 told him that?
0
-' 8 A. I told him it's not my gun.
0 9
10
Q. And the next thing you asked him was you were
really concerned about Hillbilly getting in trouble,
0 11 right?
0 12
13
A.
Q.
(Nods head.)
You have to say yes.
0 14 A. Yes.
15 Q. In fact, you asked him, "Is Hillbilly going to
0 16 get in trouble for a long time?" Do you remember asking
0 17
18
him that?
A. Yes.
0 19 Q. At that point in time, it was clear based on the
20 conversation y'all were having that if they found a gun,
0 21 this could be real bad, right?
0 22 A. Yeah ..
23 Q. And you told the jury a minute ago that you knew
0 24 he was a convicted felon, right?
0 25 A. Yeah.
DENISE C.PHILLIPS, CSR
Q--- -~- -------------- ------~~!-~-~-~~~1-~-~-~~~T~~~~~~~~----· ----------- --··---·---------·--
'
n 135
-rJ-- 1 Q. And you knew that that could be real bad for him,
o 2
3
real bad for him if he gets caught with a gun?
A. Yeah.
0 4
5
Q.
A.
And you knew that in that moment,
Yes, sir.
correct?
0 6 Q. There was no question in your mind about that?
7 A. No, sir.
0 8 Q. And you didn't want to see anything bad happen to
D 10
9 him, right?
A. Not for something he didn't do.
0 11 Q. Y'all were still in a relationship, right?
0 12
13
A.
Q.
Yes.
Loved him?
0 14 A. Yes.
15 Q. Lived with him?
0 16 A. Yes.
0 17
18
Q. And at no point in t;.ime at all while y'all were
out there on the roadside did you ever tell Investigator
0 19 Ledesma or anybody else out there that that wasn't his
20 gun?
,0 21 A. I did tell Ledesma that it was not his gun.
0 22 Q. Are you telling me and are you telling this jury
23 that in that conversation right there on February 16th,
0 24 2012, you told Rick Ledesma that was not his gun?
0 25 A. I told him it wasn't Hillbilly's gun,
DENISE C.PHILLIPS, CSR
and I told
n OFFICIAL COURT REPORTER
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0
D 136
·0-- 1 him it wasn't my gun, but the jacket was his.
2 Q. And so, you -- I want to make clear I'm
0 3 understanding you. It is your testimoriy that that day in
·0 4
5
that moment when you knew how bad it would be for him if
he got caught with a gun, you toid Rick Ledesma that that
0 6 gun did not belong to him? Is that your testimony? Yes
7 or no.
0 8 A. I'm telling you, yes, because he had asked me if
0 9 that was Hillbilly's gun; and I told him, "No." I said,
10 "Is Hillbilly going to get in a lot of trouble"?
D 11 He said, "Is this your gun?"
0 12
13 Q.
I said, "No."
Later on that day, when you were being
0 14 transported -- as you were being transported by another
15 officer, another Sheriff's deputy named Sam Ballew. Do
0 16 you remember that? Do you remember being in the car ride
Q 17 to the jail?
18 A. Yes.
0 19 Q. And during that car ride, you told Deputy Ballew
20 that you had no idea that there was a gun in the car? Do
0 21 you remember that?
D 22 A. Yes.
23 Q. And that was after you had a conversation with
0 24 the conversation that you just talked about with Deputy
0 25 Ledesma; is that right?
DENISE C.PHILLIPS, CSR
-8,~-- ___ -------------------0~~~-~~~:E-~~~~~T~~~~-~~-E_R_______________.__
0
n 137
[J 1 A. Yes.
2 Q. Because, obviously, the talk with Investigator
[1 3 Ledesma happened before you got transported to the jail,
n 4
5
correct?
A. Yeah, it was right in the door of the vehicle.
n 6 Q. Right.
7 MR. CALVERT: Judge, right now, I'm going to
0 8 pass the witness.
0 9 REDIRECT EXAMINATION
10 BY MR. GRAY:
0 11 Q. Just to clarify a few things, going back to when
0 12
13
you visited with Investigator Ledesma, okay?
As to the jacket, you did indicate that
[J 14 this was on the February arrest date that it was
15 Hillbilly's jacketi is that right?
0 16 A. Yes.
0 17 Q. Hillbilly referring to David?
18 A. Yes.
0 19 Q. And as to the gun, you did not take ownership of
D 20
21
the guni is that correct?
A. Yes.
D I
22 Q. Okay. You didn't say that it was Hillbilly's or
23 whose it was. You just didn't take
0 24 A. I didn't claim it.
0 25 Q. Now -- but you, in fact -- I mean, that was your
Qj
-. -----·- - - - -
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
--------------------- ------z.-7 2-N-D-DTSTR:-:r-cT-COtJRT------------ -_----------
LJ
0 138
Q_ 1 gun; is that right?
2 A. Yes.
[J 3 Q. All right. So, I mean, why did you lie to -- it
n 4
5
maybe splitting hairs as far as ownership and stuff, but
you weren't completely truthful with Investigator Ledesma
D 6 at that time; is that fair to say?
7 A. Yes.
0 8 Q. Okay. Why not?
0 9 A. I was scared.
10 Q. Okay. Why --
0 11 A. I didn't know if I had a warrant for my arrest or
0 12
13
if I had a felony due to Galveston County charges on my
probation. I didn't know if I had a felony or not.
0 14 Q. Okay.
15 A. I didn't want to get in trouble. And so, yeah;
[] 16 and I told him I -- I kind of have trust issues when it
,0 17 comes to police.
18 Q. Okay. When this conversation happened between
0 19 Investigator Ledesma, you were under arrest; is that
n 20
21
right?
A. Yes.
D, 22 Q. Okay. And were you in handcuffs?
23 A. Yes.
0 24 Q. Were you in the back of the patrol car?
u 25 A. Yes.
DENISE C.PHILLIPS, CSR
-Q-~- --- -----
OFFICIAL COURT REPORTER
---- ----------------------------272Nn--nrSTRICT-COURT ________________________ -------------------
0
139
1 Q. Now, you indicated that you told Ledesma that --
2 that it wasn't Hillbilly's gun, that it was your gun; is
3 that right?
n 4 A. Yes.
l
5 Q. Okay. Did that conversation happen after this
!lu,
6 February date in the jail?
7 A. Yeah.
1 8 Q. Okay. And do you remember the specifics of that
9 conversation well, let me back up.
10 Was Investigator Ledesma there and visited
11 you there as to the kidnapping case that you were a victim
12 on?
13 A. He -- he only talked to me a few times on that
14 case, but it wasn't -- it wasn't too much on when I was in
15 jail. He was asking me --
16 Q. We don't want to go into a. lot of specifics of
n 17 other things, but is it fair to say this was after -- this
u
18 was after the date of the offense, though?
19 A. Yes.
20 Q. And were you still in custody in the Brazos
21 County Jail?
22 A. Yes, I did two months in Brazos County.
23 Q. Okay. And is that when you told him that the
24 gun that you had to get a gun?
25 A. Yes.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
J-- ---·-- --·-·-----·-----------------------:2/:2-ND-IJI-STRrCT-COURT--------·-·------·----- ·-·--··---··--------
J
0 140
0 1 Q. Did you indicate why?
2 A. Self-defense.
0 3 Q. Did you tell him why?
0 4
5
A. Self-defense because the way I look at it is you
get kidnapped and you get raped, that's somebody that
0: 6 doesn't want you to live. And they just put a bracelet on
7 their foot and all they have to do is cut that bracelet
0 8 off. That guy could cut it off and come find me at any
0 9 tirnei and if he ever gets his hands on me again, I'm dead.
10 I told him that's why I had that gun, was for protection.
0 11 Q. And I know this has been a while back, February
0 12
13
of this year. You grabbed your belongings and the clo.thes
and the jacket and the gun. Do you have any distinct
0 14 memory as to where you put each item at all?
15 A. No, I mean, I have a vague memory. I mean,
0 16 N6. 1, it has been a while. No. 2, I was mad at the time
0 17
18
that all of this was happening and going through a lot,
and my mind is already foggy. I do remember sticking it
0 19 in -- I do remember sticking it in a bag in my -- in my
20 belongings. I do remember doing that.
0 21 Q. Is it possible at some point ·you could have
0 22 placed the gun in that jacket?
23 A. There's a big possibility I probably grabbed the
G 24 jacket, wrapped the gun up and stuck it in there with a
0, 25 bunch of my other clothes. I mean, there's a huge
DENISE C.PHILLIPS, CSR
ft OFFICIAL COURT REPORTER
-}j- -- ~ ---~ -- ----~--------------------2-72-ND-D-I-STR-r-eT-eOURT --· ------~--------~- ~----------------
0 141
0--. 1 possibility of that. Because like I said, I just grabbed
2 stuff and started stuffing. I was mad, and I wanted to
n 3 get out of there.
Q. And now, when you were -- when you were placed
0 4
5 under arrest, they actually took you to a patrol car just
IJ 6 a little bit aways from the truck; is that fair to say?
7 A. Yes.
0 8 Q. So, you were not present and observed the
0 9
10
investigators as they went through an inventory or looked
for items; is that right?
0 11 A. Yes.
12 MR. GRAY: Pass the witness.
0 13 MR. CALVERT: Judge, I have no further
0 14 questions at this point in time.
15 THE COURT: You can step down.
0 16 MR. GRAY: Judge, we would ask that she be
0 17
18
excused.
THE COURT: All right. You're finally
G 19 excused.
20 MR. CALVERT: As long as we got a number on
0 21 her, Judge, if we need to get her back up here.
0 22 THE COURT: You are subject to recall. We
23 need to have your phone number.
0 24 MR. GRAY: I've got it.
0 25 MR. CALVERT: Earl's been able to get ahold
DENISE C.PHILLIPS, CSR
g-~:~ - - --- -------------------------~~~~~~~~-1-~~~~~T~~~~-:~~------------- -·-----·----
u
142
J
l
l. i of her. We trust him.
2 THE COURT: Call your next.
J 3 MR. GRAY: Judge, we would rest.
n
u
4 THE COURT: Defense has rested its case.
5 MR. CALVERT: We'll going to have some
l
(J 6 rebuttal, Judge. Do you want to do that now or after
7 lunch?
J 8 THE COURT: Let's go ahead and get started.
~ 9 MR. CALVERT: We'll recall Rick Ledesma.
:J
10 {Bench conference:}
il
u 11 MR. GRAY: Judge, I anticipate that they're
n 12 calling Ledesma to dispute Monishia's testimony. I would
J
13 object at this point in that it's been established that
J 14 she told the Investigator Ledesma that the jacket was
15 Hillbilly's, which is what they had asked her. So, that's
~
ijj
16 not an issue. She's admitted that she said that. And
..
17 then, that she did not take ownership of the gun. I
u
18 clarified the conversation as to her telling Ledesma it
~ 19 was her gun. She needed it for protection at a later date
20 while she was in jail.
u
21 So, I would object to any extrinsic evidence
J 22 to prove up -- to impeach the witness when the witness has
23 effectively admitted that she wasn't truthful with the
~ 24 police on that date.
0 25 THE COURT: So, you're saying that this guy
J
DENISE C.PHILLIPS, CSR
,u_ ../
OFFICIAL COURT REPORTER
~------ ----------------------- ---2·7 2ND--D IBTRTCT-COURT ---------------- - - - ~--------
1
J
143
1 can't impeach anything that she's-testified to?
2 MR. GRAY: Well, I mean, if she admits that
3 yes, she didn't tell the truth, he can't use extrinsic
4 evidence.
5 THE COURT: What do you say to that?
6 MR. CALVERT: Two things: One, she
7 testified -- and I asked her three or four different times
8 three or four different ways if that conversation she was
9 talking about with Ledesma where she told him it was not
10 the Defendant's gun was at the scene that day. She very,
11 very clearly said: "Yeah, it was at th~ scene that day."
12 Once she found out she was being videotaped,
13 on redirect, she changed her testimony and said that
14 happened later.
15. And so, we can --
16 (Bench proceedings concluded.)
17 THE COURT: Overruled.
18 MR. CALVERT: Judge, at this point in time,
19 we had previously offered State's Exhibit No. 3, pursuant
20 to a stipulation with Defense, certain portions of the
21 audio were redacted. For these purposes now, we are going
22 to offer all of State's Exhibit No. 3 with the audio
23 included.
24 THE COURT: Any further objection?
C''
·')
25 MR. GRAY: No additional objection.
DENISE C.PHILLIPS, CSR
~ OFFICIAL COURT REPORTER
...........--------------------------272ND-DTSTR-r-cT-COURT _________________________ - --------------------
:}
U ·-·- ----- ____..____
l 144
J-, 1 .THE COURT: Go right ahead. It's admitted.
2 RICARDO LEDESMA,
J 3 having been previously duly sworn, testified as follows:
4 DIRECT EXAMINATION
8
5 BY MR. WARD:
u 6 Q. Detective Ledesma --·
7 MR. WARD: Judge, may we get the lights
J 8 dimmed just a bit?
9 THE COURT: Yes, sir.
J
10 (Video playing.)
~ 11 Q. (By Mr. Ward) This is the in-car audio and video
R 12 from Officer Ballew's patrol car. Do you recognize any of
!)
u
13 the individuals that are in this right now?
~ 14 A. Yes, sir, I do.
15 Q. Okay. Who are they?
n
u 16 A. That's myself and Monishia Campbell.
~ Q. Okay. And can you specifically describe what
17
18 she's wearing right now?
~ 19 A. She's wearing a camouflage jacket.
20 Q. Okay. I'm going to rewind this just a little
~ 21 bit, Detective. Okay. And is there an individual sitting
~ 22 on -- on the tailgate of that For~ Ranger?
23 A. Yes, sir.
~ 24 Q. And do you know who that individual is?
~ 25 A. Yes, sir.
J
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
r
I
-----
;-------- 2i2ND DISTRICT COURT -
J
145
1 Q. Who is that?
2 A. It's David Greer.
0 3 Q. Okay. Can you describe what he's wearing right
4 now?
D 5 A. He's wearing a black -- looks like a cut-off
0 6 T-shirt and some camouflage p~s.
7 Q. And you testified earlier that although you
D 8 weren't there immediately when the stop happened, you got
0 10
9 on scene pretty quick?
A. Yes, sir, right as the traffic stop was being
o- made.
12 Q. And we can actually -- we can actually rewind
0 13 this whole video, and we can see you rolling up because
D 14 your pretty distinctive when you roll into the camera
15 right there?
0 16 A. Yes, sir.
0 17
18
Q. From the time that you were on scene until the
time that everyone left, did you ever observe the
D 19 Defendant wearing a. jacket?
20 A. No, sir.
0 21 Q. Now, I'm going to fast forward this a little bit.
0 22 And you also had a conversation with the Defendant later
23 on that day, didn't you?
0 24 A. Yes, sir.
25 Q. Was he in the backseat of a patrol car?
D DENISE C.PHILLIPS, CSR
11 OFFICIAL COURT REPORTER
-t:j- --- ----- --------- -----------------------------2-7-2-N-B-D·I-STRI-eT-eGHRT--------------------- -----------------
D
n 146
0- 1 A. Yes, sir.
2 Q. Was that conversation recorded?
D 3 A. Yes, sir.
-
0 4
5
Q. Did you ask him any questions concerning the
ownership of the black leather jacket?
D 6 A. Yes, sir.
' 7 Q. And what was his response?
11
LJ
8 A. He said it was,not his.
0 9
10
Q. He specifically said that that leather jacket was
not his jacket?
0 11 A. Yes, sir. He said that he had -- thai his was
12 camouflage.
0 13 (Video playing.)
0 14 Q. (By Mr. Ward) Is that 'you right there with the
15 jacket?
0 16 A. Yes, sir.
0 17
18 Q.
(Video playing.)
(By Mr. Ward) Detective, at any time during your
0 19 entire conversation with Monishia Campbell on scene, did
20 she say that gun was not David Greer's gun?
0 21 A. No, sir.
0 22 Q. Did you have a conversation with her a couple of
23 weeks later, not specifically about this case, but abbut
0 24 another -- her case?
0 25 A. Well, it wasn't about her case specifically.
DENISE C.PHILLIPS, CSR
It
n OFFICIAL COURT REPORTER
t:J----- -- ---- -----------------------o2-92-NB-B-I-STR-IeT-e0URT------------~-------- _____. ___________
0
0 147
n 1
2
was about other information.
Q. Her own stuff?
0 3 A. Yes, sir.
Okay. Did did she ever say anything to you
0 4
5 during that time about her owning a gun?
0 6 A. Yes, sir.
7 Q. Or getting a gun?
0 8 A. Yes, sir, she said she got a gun.
0 9
10
Q. Okay. And anytime during that conversation, did
she say that the gun she had got was the gun that was in
0 11 that truck that day?
12 A. No, sir.
[]
13 MR. WARD: Pass the witness, Judge.
0 14 CROSS-EXAMINATION
15 BY MR. GRAY:
0 16 Q. So, as to the gun on this particular day in
0 17
18
February, the time of the arrest, you told the Prosecutor
that she never indicated that the gun wasn't David
0 19 Greer's; is that right?
20 A. No, that the gun
0 21 Q. She never said that the gun was not David
0 22 Greer's, is what your testimony to the Prosecutor was?
23 A. That it was. It's David Greer's.
D 24 Q. The gun?·
0 25 A. Oh, the jacket. I'm sorry. The jacket, yeah.
DENISE C.PHILLIPS, CSR
-0-~ ------ _____________________o;~~-~~~~I-~~~~~T~~~~:~-ER ________________ ---:------
0
0 148
[t 1 Q. Okay. Just the gun. They had elicited your
2 testimony that she never said that the gun was not
D 3 David's; is that correct?
A. Yes, sir. Well; I believe I asked her if she
0 4
5 claimed the gun that was in there.
0 6 Q. Right. And she said no, as to her?
7 A. That's correct.
D 8 Q. So, she said she didn't say one way or the
0 9
10 _)
other as to David?
A. No, sir.
0 11 Q. She didn't say it's not his, but she also didn't
12 say it is his?
0 13 A. No.
0 14 Q. Okay. And then, when you did visit with her ·in
15 the jail, she did indicate to you that -- this was after
0 16 the February arrest, I guess. You visited her in the jail
0 17
18
at some point; is that right?
A. Yes, sir.
0 19 Q. Okay. And she did -- she didn't specify as to
20 what gun or this particular gun, but she did say that she
0 21 had to get a gun for protection; is that right?
0 22 A. Yes, sir.
23 Q. Okay. And were you -- she's testified -- not to
0 24 a lot of the specifics -- but that she was a victim in a
0 25 rape and a kidnapping. And there's no reason to doubt
DENISE C.PHILLIPS, CSR
-Q--·--- ---- ---------------0~~!~-~-~~~r~~-~~~T~~~~-~~-E--R----------I------·---·--
o
149
J
l 1 thati is that correct? Did you work up that case as well?
J··
2 A. Yes, sir, I did.
J 3 Q. Okay. Is that a pretty serious case? ,
~
!J
4 A. Yes, sir, absolutely.
5 Q. Okay. Is it still pending?
~ 6 A. Yes, sir.
7 Q. Now, whenever you initially walked up, you had
J 8 indicated -- asked about the jacket, asked her who it
~ 9 belonged toi and then, she says that jacketi but then, you
10 hear a sigh, "that jacket, ahhhh," okay? Does that not
~ 11 mean to you that she knew something was bad about that
12 jacket, or why would she sigh? There's nothing wrong with
J
13 just having a jacket, right?
~ 14 A. No, there's nothing wrong with that, no, sir.
15 Q. And so, there would be no reason for a person to
~ 16 say "that jacket" and then sigh?
~ 17 A. I'm not sure I understand your question.
18 Q. Well, if it was just a piece of clothing with
~ 19 nothing illegal in it, if she had no knowledge that there
was anything illegal, a gun, whatever, in that jacket, she
~
20
21 would have just answ~red your question. "It's my jacket.
~ 22 It's his jacket. It's whoever's jacket."
23 It wouldn't make sense for a person if you
~ 24 ask, you know, "Is this your jacket?" And she says, "That
25 jacket," and then she sighs, like, "Oh, heck, I'm in
DENISE C.PHILLIPS, CSR
~----
OFFICIAL COURT REPORTER
- - - - ---------~---~~~--~~-2-'72-ND-DI'STR-ICT~couRT~~~~--~~-~~~--~--~-----
0 150
1 trouble. Oh, heck, they found something in the jacket."
D--
2 Do you see where I'm going?
0 3 A. Yes, sir.
0 4
5
Q. Okay. And so, to your when she sighedr did that
give you some information that she had some know1edge
0 6 there was something going on with that jacket?
7 A. I'm not sure I caught the sigh at that time. I
0 8 was more looking at her expression.
0 9 Q. And I understand; but -- and I know you haven't
10 reviewed the tape probably as I have and the Prosecutor
0 11 has.
A. Yes, sir.
0 12
13 Q. At least then when you reviewed it -- and I know
0 14 it's been a long time, and I apologize. But when you just
15 heard that, did you hear her sign?
0 16 A. You can hear her take a breath.
0 17
18
Q. Okay.
gun;" and then,
And she says initially 1 "No, that's not my
later on 1 she says,"- I didn't know
0 19 anything about the gun"?
20 A. Correct.
0 21 Q. That is right?
0 22 MR. GRAY: Pass the witness.
23 REDIRECT EXAMINATION
0 24 BY MR. WARD:
0 25 Q. Detective, I'm going to show you here in a second
DENISE C.PHILLIPS, CSR
-Q--~--·-
OFFICIAL COURT REPORTER
- - - - - - - - - - - - - - - - - 2 72NB-:E>"I-STR-I-cT~ce:l1.:JRT---------------~ - - - - - - -
0
0 151
0 1 what's been marked--
2 MR. CALVERT: It's already in evidence.
0 3 Q. (By Mr. Ward) It's already in evidence -- State's
0 4
5
Exhibit 17.
MR. CALVERT: No, 3. Still on 3.
0 6 Q. (By Mr. Ward) Now, Monishia Campbell was pretty
7 clear that that was Dave Greer's jacket from the prior
0 8 video; is that correct?
0 9
10
A. Yes, sir.
(Video playing.)
0 11 Q. (By Mr. Ward) And just to be clear, this is the
12 front facing patrol vehicle there; and Dave Greer's in the
0 13 backseat being recorded there at this time; is that
0 14 correct?
15 A. Correct. This is Officer -- Deputy Ficke's
0 16 vehicle.
0 17
18
(Video playing.)
MR. WARD: Pass the witness, Judge.
0 19 MR. GRAY: No further questions.
20 THE COURT: You can step down.
0 21 All right. Ladies and gentlemen, we'll
0 22 resume at 1:30. We've got a couple of other matters to
23 take up between 1:00 and 1:30. So, be back at 1:30.
u 24 We'll continue the trial at that time.
0 25 (Jury retired.)
DENISE C.PHILLIPS, CSR
fl ______________________o_~~~~~~~I-~~~~~T~~~~-:~-ER___________ ----~-~-=---~
tJ ' ~-----
[! . \I
0 152
0- 1
2
THE COURT:
MR. CALVERT:
Let's talk about the Charge.
I'm going to work on it over
0 3 lunch.
4 THE COURT: All right. Can you get it to
0 5 Earl and let him look at it, so he can be thinking about
0 6 it?
7 MR. CALVERT: Certainly.
0 8 MR. GRAY: Do you just want to e-mail it to
0 9
10
me, and I can pull it up?
MR. CALVERT: Okay.
0 11 THE COURT: Now, how many more witnesses are
12 you going to have?
0 13 MR. CALVERT: Judge, I've got, I believe;
0 14 two more rebuttal witnesses; but I believe both of them
15 are going to be incredibly, incredibly brief. Probably
0 16 less than ten minutes apiece.
0 17
18 anybody?
THE COURT: All right. And you don't have
0 19 MR. GRAY: No, Judge.
20 THE COURT: So, hopefully, at 1:30, we can
0 21 agree on the Charge. If not, maybe I can get some idea of
0 22 where the disagreement is.
23 MR. CALVERT: Yes, sir.
[J 24 MR. GRAY: I can't anticipate anything.
0 25 MR. CALVERT: I think it's pretty
DENISE C.PHILLIPS, CSR
0------- ---- ---------------~!~-~-~-~~~I-~~~~~T~~~~-~~~R_________________ -------···----
u
0 153
o. 1
2
straightforward, Judge.
THE COURT: We'll see you at 1:30.
n 3 (Noon recess.)
0 4
5
THE COURT:
MR. CALVERT:
Y'all agree on the Charge?
I believe Earl is still
0 6 looking at it.
7 MR. GRAY: I'm going through it right now.
0 8 I can't anticipate anything, but I'll be quick.
0 9
10
THE COURT:
MR. CALVERT:
Okay.
Judge, I think we have an
0 11 agreement except it would help if I had the right style
12
0 13
and information on the verdict form.
COURT COORDINATOR: It also printed a blank
0 14 page on here.
15 MR. CALVERT: It did. It's because I
0 16 deleted a whole bunch of stuff.
0 17 MR. GRAY: Actually, I'm fine with it just
18 the way it is because I find it hard to believe he would
0 19 be found guilty of an offense that's not charged or
20 alleged.
0 21 MR. CALVERT: Right. I'm fixing the verdict
0 22 form now, Judge.
23 THE COURT: We ready -- well, no, we're not.
0 24 Ready to bring the jury out?
o· 25 MR. CALVERT: Yes, Judge.
DENISE C.PHILLIPS, CSR
0~--~ --- OFFICIAL COURT REPORTER
------------·-------2-72ND~DI-STRICT--COURT ______________ --~-----·-·-
0
0 154
n 1
2 witnesses?
THE COURT: Did you say you had two more
0 3 MR. CALVERT: Two more, but they're going to
be very quick.
0 4
5 THE COURT: All right. Let's bring them
0 6 out.
7 (Jury seated.)
0- 8 THE COURT: Everyone be seated. ·-'
0 10
9 MR. CALVERT:
THE COURT:
We recall Terry Young.
Mr. Young is ~till under oath.
0 11 Go right ahead, sir.
8 12
13
TERRY YOUNG,
having been previously duly sworn, testified as follows:
0 14 DIRECT EXAMINATION
15 BY MR. CALVERT:
0 16 Q. Are you the same Terry Young that testified in
u 17
18
the case this morning?
A. Yes, sir.
\0 19 MR. CALVERT: May I approach the witness,
\ Judge?
Q )
20
(
21 THE COURT: Yes, sir.
tJ 22 Q. (By Mr. Calvert} Investigator Young, when you were
23 doing the inventory on the Defendant's truck, you told the
B 24 jury earlier that you found this jacket with that gun in
0 25 it in the backseat; is that correct?
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
U
_ . _______ ·------- __ ------·--------------------~2_'I2ND_D_I S_TRI_CT_C_O_URT~-----------~--------- --·--------·----------
0
0 155
n. 1
2
A.
Q.
Yes, sir.
I believe you also said durd.ng the inventory you
0 3 found a black duffle bag that contained a bunch of
0 4
5
clothing, correct?
A. Yes, sir.
rJ 6 Q. I'm going to show you what's been entered into
7 evidence as State's Exhibit 15. And is this the inventory
[l 8 form that Deputy Ficke filled out while y'all were doing
0 10
9 the inventory?
A. Yes, sir.
0 11 Q. Flipping over onto the back, you made reference
. 12 to one black canvas bag -- one black canvas bag with CDs;
0 13 is that right?
0! 14 A. Yes;
15 Q. Okay. And then you had assorted clothing; is
0 16 that correct?
0 17
18
A.
Q.
Yes, sir.
Okay. The -- the jacket, State's Exhibit 10, was
0 19 this t_hing found inside the black duffle bag that you
20 described that containe.d all of Monishia Campbell's
0 21 clothing?
0 22 A. No, sir, it was not.
23 Q. Okay. Thanks.
0 24 MR. CALVERT: I'll pass the witness.
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0
. . __.. ____ ~ ------------~------- -----~222ND_DI STRICT__ COURT----------------~----------- -------~------
0
0 156
0- 1 CROSS-EXAMINATION
2 BY MR. GRAY:
0 3 Q. In all fairness, you can't recall exactly where
0 4
5
the location as to the jacket was, though,
A. It was in the back area, but exactly whether
can you?
[1 6 right behind the driver's seat, right behind the
7 passenger's seat, in between, the exact particular
0 8 location, no.
0 10
9 Q. Okay. Same thing as far as whether the clothes
were beside it, under it, on top of it, do you have any
0 11 knowledge of that?-
12 A. I can't remember specifically, no.
0 13 Q. Okay. And on that inventory list, I know that
0 14 the jacket and the gun and the bullets that were found
15 inside the gun was listed on a separate evidence list; is
0 16 that correct?
0 17
18
A.
Q.
Yes,
Okay.
I think so.
But that one bullet that was retrieved
0 19 that we talked so much about, long rifle or long, that was
20 not included on either one of those sheets; is that right?
0 21 A. I guess not, sir.
0 22 MR. GRAY: Pass the witness.
23 MR. CALVERT: Nothing further, Judge. And
0 24 we would ask that he be finally excused.
0 25 MR. GRAY: No objection.
DENISE C.PHILLIPS, CSR
fl OFFICIAL COURT REPORTER
g" -----"" ___ ""·--""- --- -"·---"-----------·-------2-7-2NB-D~ST-R-:EG-T-G0URT---------------------"--- "-----"-·"--"___"_____
0
"' 157
J
l- 1 THE COURT: You're finally excused.
2 THE WITNESS: Thank you, sir.
l 3 MR. CALVERT: We'll call Jason Ware.
(Witness sworn.)
l 4
5 THE COURT: Have a seat. Go right ahead.
1
,__}
6 MR. CALVERT: Thank you, Judge.
7 JASON WARE,
J 8 having been first duly sworn, testified as follows:
~ 9 DIRECT EXAMINATION
J
10 BY MR. CALVERT:
u 11 Q. Would you introduce yourself to the folks in the
12 jury, please?
J 13 A. I'm Jason Ware. I'm a Criminal Investigator with
J 14 the Brazos County Sheriff's Office.
15 Q. And were you working as a detective with the
J 16 Sheriff's Office back on February 16th of 2012?
17 A. Yes, I was.
J
18 Q. And were you present as one of the officers that
J 19 was helping to execute the arrest warrants on Defendant
20 David Greer and Monishia Campbell?
~ 21 A. Yes, I was.
J 22 Q. And after they were taken into custody, ·did you
23 stick around on the scene?
J 24 A. Yes, I did.
1 25 Q. And did you become aware that Deputy Ficke and
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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l
iJ
n 158
o. 1 Investigator Terry Young were conducting an inventory
2 search of the Defendant's truck?
D 3 A. Yes, I was.
4 Q. And the jury saw the video earlier. If they saw
0 5 Terry Young standing there are on the passenger's side of
0 6 the truck doing the inventory, would you have been the guy
7 standing literally right behind him?
0 8 A. Correct, that was me.
0 9
10
Q. So, were you standing right there behind
Investigator Young while that inventory was being
0 11 conducted?
12 A. Yes, I was.
0 13 Q. Were you kind of keeping an eye on what they were
0 14 doing just out of curiosity?
15 A. Yes, pretty much.
0 16 Q. Okay.
0 17
18 Judge?
MR. CALVERT: May I approach the witness,
0 19 THE COURT: Yes, sir.
20 Q. {By Mr. Calvert) Do you recall Investigator Yo~ng
0 21 finding what I'm going to show you that's been entered
u 22
23
into evidence as State's Exhibit No. 10, this black
jacket?
D 24 A. Yes.
0 25 Q. Where was this?
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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0
0 159
'
0 1
2
A.· In the vehicle. I'm not exactly sure where he
pulled the vehicle -- where he pulled the jacket from.
n 3 Q. Okay. When -- you saw him recover this, though?
A. Correct.
[l 4
5 Q. And when he recovered it, was this like inside a
0 6 bag full of other stuff? Did he have to pull it out, or
n
/
7
8
was just in the truck?
A. I don't believe so.
0 10
9 Q. Okay. You didn't
have to remove it from any kind of bag or any other
certainly didn't see him
0 11 container?
A. No.
0 12
13 Q. Okay. Thank you, sir.
0 14 MR. CALVERT: I'll pass the witness.
15 CROSS-EXAMINATION
D 16 BY MR. GRAY:
0 17
18
Q.
that jacket was,
And you don't -- but you don't exactly know where
just that it was in that backseat area?
0 19 A. Correct, I do not know exactly where it was.
20 MR. GRAY: Okay. I'll pass the witness.
0 21 MR. CALVERT: Nothing further. We'd ask
0 22 that he be finally excused.
23 THE COURT: You're finally excused.
0 24 THE WITNESS: Thank you.
0 25 THE COURT: Thank you.
DENISE C.PHILLIPS, CSR
·"'
OFFICIAL COURT REPORTER
_Q --- ---···- - -- ----------------------.----- ------- --2-7-2ND--D-I-S'I'-R-I-G'F--GGUR.!f----------- -----------·--- - - - --------· -----
0
l 160
1 MR. CALVERT: We'll close.
2 THE COURT: State has closed their case.
3 MR. GRAY: We close and rest.
4 THE COURT: Both sides have rested and
5 closed.
6 Ladies and gentlemen, we've come to the end
7 of the presentation of evidenrie. We have the Court's
8 Charge prepared. We need to go over it one final time
9 before we read it to you and hear the final arguments of
10 the attorneys, so let's take a ten-minute break, and that
11 will hopefully give us enough time to do this. Thank you.
12 (Jury retired.)
13 THE COURT: All right. Are we ready to
14 talk?
15 MR. CALVERT: Yes, sir.
16 MR. GRAY: Yes, Judge.
17 THE COURT: Have you had an adequate
18 - opportunity to review the Charge?
19 MR. GRAY: Yes, Judge; and we have no
20 objection.
J 21 THE COURT: No objection.
22 State?
23 MR. CALVERT: No objection.
24 THE COURT: The Charge is in final form.
25 Are we ready to bring out the jury?
J
DENISE C.PHILLIPS, CSR
r~-- --- - .------------------------------~~-~-~-~-~~-~~~-~-~~~~~~~g~~E~----- ------------ -------------·--·-
J
n 161
[J. 1 MR. CALVERT: Yes, sir.
2 MR. GRAY: Yes, sir.
0 3 MR. CALVERT: As far as warnings, Judge, can
0 4
,5
I have 15 minutes. Is that
THE CO:URT: · How 1ong do you want?
[l 6 MR. CALVERT: Earl is 15 okay?
7 MR. GRAY: Yeah. You don't mind if I go
D 8 twice, do you?
0 9 MR. CALVERT: I do. I would object to that.
10 MR. GRAY: Yeah, 15 is fine, Juqge.
0 11 _THE COURT: Fifteen for both sides. Do
y 1 all want a warning on this side?
0 12
13 MR. WARD: Seven, Judge.
0 14 THE COURT: Seven expired?
1!) MR. WARD: Yes, Judge.
0 16' ' MR. CALVERT: If I get to two left, Judge.
0 17
18
THE' COURT:~
MR. CALVERT:
Two left.
Yes, sir.
0 19 MR. GRAY: Same
. <:\:,.
:~with me, Judge.
0 20
21
THE COURT:
All righ,i::;·
·same with you.
Let's bring them out.
All right.
0 22 ( Ju:r-y sea ted. )
23 THE COURT: Ladies and gentlemen, sit over
0 24 there and twiddle.::'your thumbs for a little while. We
0
'
25 _forgot to make copies for you.
DENISE C.PHILLIPS, CSR
Q--~--
OFFICIAL COURT REPORTER
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D
0 162
0· 1
2
(Brief pause.)
THE COURT: Go ahead and hand them out.
0 3 All right. Ladies and gentlemen, I'm going
n._r-
4
5
to go ahead -- the law requires that I read this Charge to
you word-for-word; and then, you'll have your copy to read
D 6 along there.
7 (Charge read. )
[] 8 THE COURT: I've placed a Blueback on the
0 9
io
official version of the Court's Charge.
place it on the table when you-all enter the room to begin
Mr. Montoya·will
0 11 your deliberations.
12 At this time, we'll hear the final arguments
0 13 of the attorneys. The State has the right to go first,
0 14 and they have the right to go last, and the Defendant gets
15 to make an argument in between the two.
0 16 Go right ahead, Mr. Ward.
- - ·- ~-~ 17 ~- ~- ---- -- ~- - - --------- -- ~C_L_O_S_ING-ARG-UM-ENT--BY- MR~~WARD ..
0 18 MR. WARD: A couple of weeks ago, I stood up
[} 19 here; and I told the jury that they had the dubious honor
20 of being the first jury that I ever addressed. So, you
0 21 now have the honor of being the second jury I've ever
0 22 addressed. And I'm hoping like an NFL quarterback this
23 isn't like a sophomore slump for me. So, here I go.
0 24 I used to be in the Marine Corps. I spent
u 25 about ten years in the Marine Corps, traveled all around
DENISE C.PHILLIPS, CSR
('! OFFICIAL COURT REPORTER
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0 163
0 1
2
the world, met a lot of different people, a lot of
different cult~r~s, spent a lot of ticie in Iraq. They've
G
'~ 3 got an inquisitorial system in Iraq. And the
inquisitorial system means basically that the judge and
B 4
___s___ tlie prosecutor are the same person and that the defendant
0 6 has to prove his innocence.
7 But this is the United States of America.
[] 8 More specifically, this is Texas; and we don't play that
0 9 way. We have you, the jury. And the Judge talked to you
10 out of this form and said that you are finders of fact,
D 11 and you are judges of credibility.
12 I'm going to cycle back to both of those
13 things while I'm talking to you today.
14 - Ryan spend a lot time talking with you
"
15 during voir dire about elements, the elements of this
particular charged crime.~
'18. You have on or about February 16th, 2012. Is there any
19 doubt in your mind that this happened on that date?
20 Let's move on. In Brazos County. Yes,- we
21 know it's in Brazos County.
22 Do we know that the Defendant, David Greer,
23 is a convicted felon? Yes, we do. There's a stipulation
24 to that.
D 25 Do we know that this offense happened within
DENISE C.PHILLIPS, CSR
_g __________ -----------------~------,0~!-~~-~~~-I-~~~~~T~~~-~~~-E_R__~---_ , .-,~_;- .__________
'D
[] 164
[J_ 1 that window of five years between the finality of his
2 conviction and this date? Yes, we know that that happened
0. 3 because it's stipulated to it.
I
0 4
5
So, what does this all boil down to?
boils-down to a whole day spent on possession, knowingly
This
0 6 or intentionally possessing a firearm. lse~au~e you know
r
,_J
l
7
8
that was a firearm because that was stipulated to, and you
saw it as well.
•')
J
:0 9 So, what do we have? we have a video; We
10 showed you the video. We brought police officers in here
·o 11 to testify. You saw that video. You saw them pull Dave
Greer out of the driver's seat of that vehicle after
0 12
13 taking a little bit to stop, after the lights were popped.
o· 14
15
You saw him come out of that vehicle not wearing a jacket,
even though it's February.
D 16 You saw the passenger come out of the
0--- 17 vehicle wearing a jacket. You heard Monishia Campbell say
18 that Dave Greer had a camouflage jacket and that she
D 19 wasn't wearing that camouflage jacket. But we know from \
20 \'
watching the videq that he wasn't. 'J:'he only_ other j acke,5 __
0 21 in that truck was a black leather jacket.
0
-..~
22 We know that the gun was in the right pocket
23 of that black leather jacket. We know from Monishia
D 24 Campbell stating on the witness stand and also in the
,0 25 video that that's Dave Greer's jacket.
DENISE C.PHILLIPS, CSR
His mother gave it
-Qc-·----~ --------~----~-----0!~~-~-~~~l-~~~~~T~~~-~-~~-E__R_____~------ - - - - - - -
r·
~J
} 165
~ to him after a fire.
J. 1
2 You know that you just saw a video where
] 3 Investigator Ledesma asked him if that was his jacket. He
~
4 said no. Why would he deny it? Everyone said it's his
5 jacket, not my jacket. Why would he tell the
j 6 investigators at the scene that. it wasn't his jacket if
7 there was nothing wrong?
:]
8 This is an elements case. It's a
9 buildin~-block case. ·I can't show you a video with Dave
u
10 Greer with a gun in his hand. I. can show you the little
u 11 bits and pieces ~f informati6n that add up to it, because
'
12 remember, you are the finders of fact. You c~n find these
R
J,
13 facts and add them up.
L·: .
~.·· ' 14 It does not have to be beyond a reasonable
15 doubt because, remember, just like Ryan told you in voir
u 16 dire, how is the only way you can know beyond a shadow of
17 a doubt that it happened? Either you did it, or you
u
18 watched it. None of us were there. We didn't see it.
.·.
·} 19 But we heard credible testimony.
I
20 You're judges of fact, finders of fact, and
J 21 judges of credibility.
22 Let's talk about credibility. We put
G
23 officers on who have spent literally combined decades
~ 24 within the State of Texas and Brazos County conducting
l 25 criminal investigations. Training, experience, video,
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
~-
~ -.------·-- -----·---..---·-----272ND-DTSTRTCT-COURT ______ . _ _ _ _ _ ----------
J
166
J
} 1 that proves that they're credible witnesses.
2 Do we have fingerprints on the gun? No,
l)
'~
3 sadly, this isn't a television show. Okay. At the end of
4 this trial, you're not going to get a dun-dun; and then,
1
5 Ryan and I go up and talk to the D.A.; and we have a shot
1 6 of whiskey; and it's all over; and then~ we move on to the
7 next case. That.'s not going to happen. That happens on
~ 8 TV. Okay?
9 Ask yourselves, was he wearing a coat? No.
J
10 Was there a coat in the vehicle? Yes. Was it within
u 11 grabbing distance? Yes. It's a Ford Ranger. The
~ 12 backseat of a Ford Ranger. You can use your personal
J
13 experience from outside. Do you remember what the size of
J 14 a Ford Ranger backseat is?
15 You saw Monishia Campbell get up on the
u 16 stand and tell you that Dave Greer.was wearing a jacket
17 that day. He wasn't. ',She said she was wearing a
u I .
'-->--·--·---
18 different jacket that day. She wasn't. (.··She, in fact, ·was
] 19 wearing a camouflage jacket. You saw .it from the front
/.
seat of Sam Ballew's vehicle. You heard her. You heard
~
20
21 the surprise in her voice when Rick Ledesma asked her, "Do
D 22 you want to claim responsibility for this gun?" "No."
u
23 And then, you immediately heard her ask it:
~I
24 "Is Hillbilly going to get in trouble for a long time?"
a 25 You're judges of credibility. You can add
J
,. DENISE C. PHILLIPS, CSR
~~--- ___ --.------------~-----~~-~-~~~A~T~~~~-~T R~~~~~ER__________________
I
167
J
lj~. 1 two and two together to come to .a decision. And at the
2 end of the day, this is a possession case; and it•s a
J 3 credibility case. Ask yourself whose credibility are you
~
4 going to believe from the witness stand about who
5 possessed that firearm?
u 6 Add it up in your mind. When you go back
7 into the jury room, add it up. I think we•ve shown you
J 8 beyond a reasonable doubt that Dave Greer possessed that
~- 9 gun in Brazos County on or about February 16th, 2012, that
10 he was a convicted felon and that he was within that
u 11 five-year window.
i\) 12 You shouldn't feel bad about finding guilt
0\
13 in this case if it all adds up because you•re the jury and
u 14 find facts. Yo~ judge credibility, and you ensure that we
15 have a functioning justice system in the United States of
u 16 America and the State of Texas.
~- 17 Ryan and I are asking you to find guilt in
18 the case and send Dave Greer a message that you don•t get
~
,,
i.!); 19 tb carry a gun artd break the rules, even though he was in
20 jail for not following the rules. You've got to follow
u'
21 the rules and hold him accountable and hold him to the
~ 22 same standard as everyone else in Brazos County.
23 Thank you.
~- 24 THE COURT: All right. You used seven
1 25 minutes.
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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0 168
Mr. Gray?
D- 1
2 MR. GRAY: May I proceed, Judge?
O 3 THE COURT: Go right ahead, sir.
MR. GRAY: I'm trying to set this up a
0 4
5 little before we start, so I'm not clanging around.
0 6 CLOSING ARGUMENT BY MR. GRAY
7 MR. GRAY: First, I want to thank each and
8 every one you for your time. I know this has not been a
0 9 real lengthy trial, and we effectively picked the jury
10 yesterday, and you got all your evidence today. And so,
0 11 it should be fresh in your mind as to what came through
12 that witness stand.
0 13 And remember, also, that what I say and the
14 two prosecutors say is not evidence. It's argument. It's
15 not evidence. You have the evide~ce. You also have the
16 actual DVD recording that you can play to refresh your
o·- 17 memories of those things.
18 When you go back there, we want you take
rJ /
.19
;
your God-given common sense back there with you. Okay?
20 We don't expect you to leave that at the courthouse door.
0 21 And please remember that as to each and every element the
n
u 22 State has to prove beyond a reasonable doubt.
23 If they do, if they prove each and every
0 24 element beyond a reasonable doubt, you're duty bound to
0 25 convict. That's what you should do.
DENISE C.PHILLIPS, CSR
That's your duty.
-.0--------- --------------------~!~!~~~~:E-~-~~~~T~~~~~~-ER ___________________+------------
0
169
J
1 But on the other side, if they do not, if
J
2 they fail on even one element, you're duty bound to
J 3 acquit.
4 Now, we talked about the different levels of
5 proof. I'm not going to get into the reasonable
6 suspicion, probable cause. Again, preponderance is more
7 likely than not, 51 percent. Clear and convincing, again,
8 a firm belief that the allegations are true. We don't
9 have a definition for above beyond a reasonable doubt, but
10 we know it's high. It's the highest burden in the land.
11 It's higher than a firm belief that the allegations are
n 12 true.
u
13 And that's how-- those are the glasses that
~. ;
14 you have to look at each piece of evidence to see if they
15 can come in and establish each one of those elements
16 beyond a reasonable doubt. If they fail on one, you must
17 acquit.
18 You know, there's not an issue as to whether
__ 19 _r;>_ay_i.d_if! _a_cgny_ic::_te_O. felQn. _That's not _an _issue. _Okay._ __
20 We didn't fight the State on that allegation or that
;~
21 element. We stipulated to it. Okay. That's proof beyond
~ 22 a reasonable doubt. You should not have any doubt in your
23 mind as to that element. And so, we're not really talking
~ 24 about the felon part.
25 The real issue, as the State has correctly
J
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
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l 170
] 1 stated, is the poss~ssion. He has to intentionally or
2 knowingly, knowingly, know the gun is there anq possess
J
j 3 it. Have custody, control or management or care of that
item. Okay? And they just haven't met that burden as to
~
4
~
5 the possession.
1
J 6 Let's go through some of what they have and
7 what they don't have. There's no testimony from David
J 8 no testimony at all through this entire trial from any
witness, my side or their side, that David ever handled
J 9
10 that gun. Not a single witness.
u 11 There's no statement from David saying that
12 he ever possessed that gun. Monishia Campbell never
J 13 stated that he possessed the gun. Even when she was less
u 14 than truthful with the officers when she was arrested, she
15 never said "That's David's gun. David possessed the gun.
J 16 David carried that gun." She's never said that.
~ 17 Now, she was less than truthful with the
L1
18 police officers at that time. Well, I mean, is that a
u 19 real shocker? She's on felony probation out of Galveston.
20 She's arrested. She's_in handcuffs. She's placed in the
u
21 back of a patrol car. "Hey, is this your jacket?" "No,
22 that's Hillbilly's." It probably was Hillbilty•s or
J
23 David's jacket. It doesn't make any differ~nce who owned
l 24 it.
\
] 25 She indicated she wears large -- larger
DENISE C.PHILLIPS, CSR
~ OFFICIAL COURT REPORTER
W-----------~
u
------------~-------------2-7-2ND-D-I-£-'I'R-I-G-'1'--GOUR-'I'-------~---------- ·----------
J
171
1 jackets. I don't 100 percent know why. She said it keeps
1-.
2 her warm. I don't know. We know that on the day of the
J 3 offense she was wearing the same size jacket herself. And
4 when I and my legal assistant, Theresa, had gone out there
J
5 and visited with her, like she testified to, she was also
1 6 wearing an extra large jacket. So, you know, it's not
7 strange that she would wear that.
J 8 You heard her testimony that the day before
9 they were arrested -- they were pulled over and arrested,
J
10 they got into a fight, an argument. She grabs all of her
~ 11 stuff, and she throws it in the vehicle. Can she
12 specifically remember what she did with the gun? She
J
13 thinks she wrapped it up in something. It could have been
J 14 the jacket -- she didn't recall 100 percent --, put it in
15 duffle bag. Okay. She then threw all that stuff in the
~ 16 back of the car. Okay.
~ 17 Now, the officers went through these items,
18 you know, they're inventorying it. We don't have any
~ 19 pictures as to exactly where that jacket was. I'm in no
20 way attacking any of the officers' credibility at all. I
~ 21 think each one of those officers were truthful, and
~ 22 they're good officers. I know most of them. That's not
23 what I'm talking about.
J 24 They simply could not recall exactly where
j 25 everything was. And I don't know that anyone could, going
DENISE C.PHILLIPS, CSR
~~--~----- ---~---
OFFICIAL COURT REPORTER
.
~----··-·------,.-------2-72-N-D-rH-STRT-CT--COURT-------------------- ---------
l
j
172
J
n
r J. aJ.J. ~:.ne way Dac.K. 1:.0 .t'eurua.Ly.
2 Now, what could have been done, though --
J 3 what could have been done is a photo taken, right, before
~
4 the inventory started. Two reasons for that. That may
5 ptotect you on liability, too, because you've got a
J 6 picture of everything right as they entered the vehicle.
7 Now, that would have helped, but we don't have that.
J 8 She doesn't know where that jacket was. I
8----------~-- __ __9-__Q_I!_'_!:___~Es>!!_____t hat aJ:!yone wi 11 -~-~~~~P.__?_\17__~~<:1. c~lY~\17 h~ re_!h~!:______________________
10 jacket was in the back area. We do know that a gun was
~ 11 found in that jacket.
12 When she's initially asked by Investigator
J 13 Ledesma, "Do you want to take ownership, or do you want to
J 14 take responsibility for this gun," you know, she said,
15 "Oh, no, it's not my gun." Okay.
~ 16 THE COURT: Seven gone.
··-·--·
~ -- 17 MR. GRAY: She did not say that it was
18 David's gun. Okay?
~ 19 The jacket is interesting. When he comes
20 and he shows the jacket and asks whose jacket it is, and
~ 21 she goes, "that jacket," and she sighs. Why would she
~ 22 sigh? Why would she be upset about a jacket if she knew
23 nothing was in it? She was upset because she knew the gun
~ 24 was in it.
~
25 Later, she does tell Investigator Ledesma
DENISE C.PHILLIPS, CSR
~ . OFFICIAL COURT REPORTER
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0 173
D-, 1 that she did get a gun when he revisits her in jail.
2 And we don't even have any proof it's a
D 3 firearm. We got testimony from a seasoned veteran officer
0 4
5
that it's a firearm, but was it ever tested?
fired it? Do we know it can expel a shell?
Have we ever
We can guess,
o~ 6 but we don't know because it was never tested.
7 And does she have a reason to carry a gun?
0 8 You bet she does. She was previously weeks before this
0 9 event, she was brutally raped and kidnapped. She was
10 terrified. So, yes, she possessed a gun. Is it
D 11 reasonable to believe that maybe when the officer's asking
12 about this stuff, she's not going to take responsibility
0 13 for something because she's afraid she may get in trouble?
0 14 Found a live .22 shell in her jeans. The
15 officer said if it is a long rifle, it wouldn't fit. The
16 problem is is that we don't know for sure if it was a long
17 rifle. We've got the picture, but we've got no
18 identifying markings. It would have been nice, though, to
19 have that bullet, wouldn't it, so we could test it? But
20 we don't have that. That was not included on the
D 21 inventory sheet or the evidence sheet.
0 22 Fingerprints, the gun is finally
23 fingerprinted a week ago: Not fingerprinted in February,
0 24 March, April, May. Okay. And then they counter this when
D 25 I sat down and said, "Well, we didn't need that stuff."
DENISE C.PHILLIPS, CSR
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0
0 (
0 174
0 1 If you didn't need it, why did you ask to get it? If you
2 didn't need it, why have it done?
0 3 Same thing on the ATF check. If you weren't
0 4
5
concerned about who that gun was going to come back to,
why did you run the check a week ago -- and we don't have
0 6 the result. That right there is reasonable doubt. What
7 if that comes back to Monishia, that she purchased it?
0 8 Well, we don't know.
0 9
10
No DNA was collected. No DNA was compared.
The officer indicated that that's done in crime scenes.
o-- 11 It's possible to get DNA matches or exclusions.
.o 12
13
You know, as to Monishia's testimony, take
it for what it's worth, you know. I don't know. I wasn't
0 14 there. You weren't there. You assess the credibility.
15 You can tell if as she was crying up there, she was making
0 16 that up. Even if you discount every bit of Monishia's
o-- 17 testimony, they still don't get to beyond a reasonable
18 doubt.
o 19 They simply do not have enough. They're
20 going to talk about David's coat, you know, him saying
D 21 that's not his. Think about this. You've got a convicted
0 22 felon. He's in a police car, just like Monishia, in
23 handcuffs. Officer comes up with a coat, "Hey, is this
0 24 yours?"
0 25 What do you think he's going to say?
DENISE C.PHILLIPS, CSR
The
-0--~-- ---------------~~~!-~~-!~~r~~~~~T~~~~-:~_E_R____________ - - - - - - - -
0
0 175
officer wouldn't be bringing a coat unless he found
0.--. 1
2 something in the coat, right? So, is it shocking that he
0 3 would say that's not my coat? No. And the coat isn't the
0 4
5
issue.
in any way.
It's the gun. They cannot connect him to the gun
0 6 That's not enough just to be in the backseat
7 of a vehicle.
0 8 You know, maybe Monishia possessed it. You
0 9
10
may even think when you get back there, maybe, just maybe,
he possessed it; but you can't know. There's no way I can
0 11 know. There's no way you can know. That's the problem
12 we're running into here.
0 13 Sure, it's possible that either one or both
0 14 could have possessed it. But see, it's not my job to
15 stand up here and prove who possessed it. It's not even
0 16 my j~b to disapprove that David possessed it. It's their
lJ _ __ 17 job 100 percent to prove beyond -- each element beyond a
. --- . ~· --
18 reasonable doubt. Even if you're at a point where you
D 19 have a firm belief that the allegations are true to each
20' allegation, that is not enough. It has to be above that
0 21 burden.
0 22 Each of you, you took an oath initially
23 whenever we were picking the jury that you were going to
0 24 tell the truth. And I believe you did. I asked you about
25 that. Remember what I said? I'd take the first 12 people
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
-· 2-7-2NB-I:H-8TR-I-CT-C0URT------------I--------
0 175
0-. 1 officer wouldn't be bringing a coat unless he found·
2 something in the coat, right? So, is it shocking that he
0 3 would say that's not my coat? No. And the coat isn't the
Q_ ---~- ~sue~-------=-:' s the ~~n :_ The_y cannot connect him to the gun
5 in any way.
0 6 That's not enough just to be in the backseat
7 of a vehicle.
0 8 You know, maybe Monishia possessed it. You
0 9 may even think when you get back there, maybe, just maybe,
10 he possessed iti but you can't know. There's no way I can
0 11 know. There•.s no way you can know. That's the problem
12 we're running into here.
0 13 Sure, it's possible that either one or both
14 could have possessed it. But see, it's not my job to
15 stand up here and prove who possessed it. It's not even
16 my job to disapprove that David possessed it. It's .their
job 100 percent to prove beyond -- each element beyond a
18 reasonable doubt. ~. .
Even 1f you're at a po1nt where you
0 19 have a firm belief that the allegations are true to each
20 allegation, that is not enough. It has to be above that
0 21 burden.
0 22 Each of you, you took an oath initially
23 whenever we were picking the jury that you were going to
0 24 tell the truth. And I believe you did. I asked you about
0 25 that. Remember what I said? I'd take the first 12 people
DENISE C.PHILLIPS, CSR
_g_·-·---··--- ---------·-·--·-----0-.::;
L3.. . .::.15.::;.0/..:. :11:.. .6::.:;5;.;.;/2o.. ;4.. ;;;9.. :;4/'-'-7_ _---i30 [2] 9/5 49/25
300 [3] 1/23 2/6 186/18
135/6136/24 143/9146/23 146/23
146125 147/1 147/5 149/8 149111
150/19 152/1 152/5 156/19 162/25
82/3 83118 93/7 93115 93/16
101121 120/16 131116 136123
139/5 139117 139118 142/6 148/15
l - - - - - - - - " - - - - - - t 3 1 0 [1] 2/6 163/15 163/17163/18 165/22 157122164/12 164113 165/1
IO [IO] 40/7 40/22 41/3 41/24 31st [1] 30/9 167/4 167/9 167/12 169/4 169/24 184/17
56/18 74/4 127/12 128123 155118 3235 (1] 2112 171/23 172/22 173/12 174/4 afternoon [2] 26/24 79/25
158/22 34 (2] 79/2 79/4 174/20174/21175/24 176/17 again [22] 12/13 15/6 15/8 25/19
10-11 [2] 41/5 41/11 35 [1] 717 177/5 177/23 177/25 178/9 178/13 46/3 50/22 54/25 54/25 85/15
0 10-13-00049-CR (1) 1/4
100 [4] 25/25 17111 171/14
179/24
3rd fll 186/13 178/20179/3 179/8 179/8 179/23
~4.!.!!..""-1.....!..::!..:~'-------1180/3 181/1 181111I81/25 182/23
1 - - - - - - - - - - - 1 I84/21185/9
86/13 91/2 106/22 107/21108/2
119/21121/24 127/3 140/9 169/6
169/7 179/11 181/5-
100 percent (1] 175/17 4 through [1] 48/13 above [6] 1115 109/19169/9 against[!] 118/2
D 103 [1] 2/11
11 [12) 40/18 41/3 41/5 41/11
42113 46/3 47/7 49/2 52/23 53114 403 (1] 12/10
54/24 129/23
4-9 [2] 48119 48/24
40 [1] 21/12
4221 [2] 1/24 186/19
175/20 186/5 186/7
above-styled [1] 186/7
above-titled [1] 1/15
absolutely [SJ 104/18 109/20
agency [1] 24/6
agenda [2] 82117 82118
ago [15] 8111 73/22 96/21 116/11
123/15 124/5 127/10 129/21
112 [1] 5/13 4320 [1] 2/7 130/24 131/3 149/4 129/24 134123(162/18 173123
0 12 [8] 53/10 53/24 54/1 54/6
54112 54113 55/25 175/25
12/31/13 [1] 186120
~4-"-75~9:...~1.!-olllL-::2/..!;12=---------fabsolved [1] 104115
5
1------------1according [1] 128/18
accepts [2] 121120121121
174/5 176116 179/7
agree [24] 16114 16/18 17117
29114 5611758/6 65/i 65/4 66/1
122 [1] 5/13 SO [1] 105/24 accountable [1] 167/21 67111 69/21 70/3 75/22 94/18 98/5
0 13 [2] 51111 186/20
137 [1] 5/13
14 [11] 312 4/2 5/2 612 7/2 19/25 6
51 percent [1] 169/7
~5~7.L:
accounting [1] 35/19
ll1w.....l5:!..;/1~8~-------laccurate [2] 33/2148/14
acknowledged [1] 180/1
98/22 111/6 128/2 130/24 131/2
132/25 133/2 152/21 153/4
agreed (1] 34/11
20/2 22/2 99/14 99/23 10011 acquit [2] 169/3 169/17 agreement [2] 34/17 153/11
0 144 [1] 5/16
147 [1] 5/16
14th [1] 1/14
6482{2] 1/22 186/16
7
action [1] 12/16
actions [1] 125/5
active (1] 101118
ahead [23] 7/12 8/3 21110 22/21
26/18 32/14 42/16 76/16 78111
86/3 95/21 107/3 112/13 112/19
15 (11] 21/728/443/2189/25 73 [1] 5/19 -acts (2] 15/14118/1 125/4142/8144/1154/11157/5
0 90/3 90/10 90/11 155/7161/4
161/6 161/10
150 [1] 5/16
74 [1] 5119
77803 [2] 1/23 2/7
77803-3235 [1] 2/12
actual (9] 16/24 21/11 51/15 60/4
74/14 75/15 81/23 95/8 168/16
actually [43] 8/25 16/1 21/1 23/22
162/2 162/4 162/16 168/3
ahhh [1] 91/13
ahhhh (1] 149/10
154 [1] 5/20 78 [1] 5114 32/25_46/2147/148/1251/25_52!1 ahold [1].141/25
- 156-[l] 5120 78703]1] 186/19 52/14 53/14 55/25 57/14 57/17 alcohol [2] 63/7 72/13
IS7 [1] 5121 8 57/21 58/2 58/8 59/6 61122 62/23 alcohol-related [1] 63/7
IS9 (1] 5/21 64/19 66/1 68/20 69116 7li'IO all [138] 9/2 10/25 11/5 11/16
16 [I] 107/15 84 [I] 7119 71118 72/25 73/4 74/18 82/7 85/5 15116 15/21 15/22 18122 19/119/5
16th [15) 22/24 25/15 28/19 79/22 87 fli 5/14 88/15 89/19 90/8 107/2 108116 20/1 20/8 21124 21/25 22/8 22111
82/10 99/21 113/6 113/16 116/13 9 128/2 14115 145/12 145/12 153117 22118 26113 27/17 27/21 29/18
117122 135123 157/16 163/18 177/23 29/22 32/6 32/8 34/21 35/14 35/19
167/9 181116 ~; [[~]) ;~~; add [5] 165/11 165/13 166/25 36/4 36/13 37/15 38/2 42110 42/19
17 [2) 79114 151/4 167/6 16717 43/8 44/3 44117 46/8 47/9 47/20
D 19 [I) 7/19
I978 [2) 27/6 28/7
1:00 (1] 151/23
95 [1) 5/17
97 [1) 5/17
979-36I-4221 121 1124 !86/19
addition [I] 110/13
additional [2] 4I/7 143/25
address [2] 10119 118/24
48111 48/12 48113 49/6 53/4 57110
59/5 59/24 61/13 62/5 62/11 63/7
6411_6 66/20 72116 72/21 75/19
I:30 [5] 151122 151123 151/23 979-361-4320 [1] 2/7 add~~ssed [2] 162/20162/22 76/9 78/2 80117 81112 85114 86/12
0 152/20 153/2
1-'2=.;::;.::_==---------i~9~:0~0..LII~Il--1:.::8:.51
1--------------tA
979-822-4759 [1] 2112 adds [I] 167/13
: :;:..!.1 ::..3 ------fadequate [1] 160/17
adjudicate [1] 121117
86/21 88/22 90/10 95/7 96/9 98/5
98/22 99/13 100/9 100/13 103/10
104/4 105/3 105/16107/20 108/12
20 [2) 21/743/22 1-------------ladjudication [1] 122/5 110/2111/16112/10 114/9ll4/9
2 1 111122
0 2005 [1] 27/10
2012 [IS) 1/14 3/2 4/2 5/2 6/2 7/2 able 191 3116 75124 8119 102115
79122 99121 113/6123/2 135/24
157/16163/18 167/9181116
ability 1 1 03/1
102116104110 104114 118114
141125
admissibility [1] 11115
admissible [4] 14/11 16/20 105/20
105/21
admission [1] 11113
_ 114117 114121- 117/21 118/9 120/3
126/25 127/2 127121 130/20 131/3
133/25 135/17 138/3 140/7 140114
140/17 141118 143122 151121
2013 [1) 186113 about 1121 1 7117 7118 8111 914 admits [1] 14312 15-2/4 152117 154/5 155/20 156/3
0 204 [2) 1/23 186/18
2 4 3 0i~~ ~0i~~ 1 i~1 1 i~~i 1 ~~~~ 13122 admitted [23) 6/4 19/12 19/15
0 160/13 161120 161121 162/3
fl --- -------- ------------------------------------------------------
8--- Den1se C. Phillips, CSR
-
0
0 State v David Duane Greer
175/5 177/17 179/24 18017 180113
11114112 Vol 4
arguments [3) 123/10 160/9 asking [10) 73/16 98/20 124121
2
A 185/10 186/10 162/12 124/22 132119 134/16 139/15
all... [27] 162/10 162/25 164/4 anybody [11] 31/13 47/10 56/22 armed [1) 117/2 167117173/11176/13
166/6 167113 167/24 168110170/8 81112 113/20 119/13 124/15 around [12) 29/16 30/9 31/24 asks [1) 172120
171/10 171115 171120 17211 17612 135/19152118 177/13 178/9 32/4 43/24 118/3 126/23 127/4 assaulted [I) 116110
176/6 177/15 178/2 179/24 180/15 anybody's (2] 8/20 130/20 128/24 157123 162/25 168/5 assess [1) 174114
18217 182/15 182/16 183/11 anymore [2) 104/9 176/4 arrest [40) 6/5 615 1314 13/5 assigned [1) 27115
184110184/20 185/8186/5 18617 anyone [4) 60/15 84/11 171125 13/16 16/4 16/7 16/12 17/1218/21 assignment [1) 79/5
allegation (2) 169/20 175/20 172/9 18/25 19/2 22125 23/5 23/10 28/23 assistant [3) 2/6 118/23 171/4
allegations [3) 169/8 169/11 anyone's [l) 104/23 31/21 35/3 63/16 75/4 75/575/11 assist~d [1) 57/14
0 175119
alleged [1) 153/20
allow [5) 18/18 63/21 95/2 95/3
anything (36] 12/15 19110 31/15
32/19 35/12 37/3 39/11 39/19 59/2
59113 6118 65/17 66/10 7317 74/23
83/12 83/22 104/9 104/20 106/5
113/10 113/17 119/4 120/9 120/11
120/14 137/14 138/11 138119
associated [2) 38/23 179/5
assorted [1) 155/15
assume [1) 34/18
177/9 82/4 90/17 92/3 95/8 98/12 113/17 141/5 147117 148/16 157/19 ATF [4) 72/8 72/14 72/22 174/3
0 allowed (2) 63/19 181/4
alluded (1) 60/5
almost (3) 49/25 70/19 85/23
along (1) 162/6
119/9 126/5 126117 126/24 128/24
130/16 131/1 135/8 143/1147/4
149/20150/19152/24153/8178/9
anytime [1) 147/9
arrested (20) 13/4 13/14 13115
16/5 33110 71/3 83/8 84/12 87/8
113/10 113/13 118/17 118/20
121113 128113 131117 170/14
attacking (5) 17/3 17/12 18/21
18/23 171120
attempt [I] 47/6
attention [6) 7/22 79/21 96/16
ALPHABETICAL [1) 5/11 170/20 17119 17119 113/5 116/12 185/6
0
anywhere [3) 52/21 66/20 133112
already [12) 49/3 57/6 64/2 71/16 apiece [1) 152/16 arresting [3) 35/13 74/14 84/20 attorney [3) 213 2/9 99116
110115 11111 115/17118/15 apologize [1) 150/14 arrests [3) 34/23 36/11 6317 Attorney's [1) 69/19
126/20140/18 15112151/3 Appeals [I) 1/4 article [1) 29/5 attorneys [4) 216 160/10 162113
also [36) 11/24 11124 13/3 13/4 appear [3) 38/10 89/8 98/13 articulable [2] 111/9 111118 184/22
l 16/15 16/22 21114 24/14 30/2 appeared [1] 38/12 as [160) 9/18 10/6 11/19 11120 audio [7) 97/19 97/24 98/1 98/4
[_j 30117 36121 47/19 62/2 62116 appears [2) 46/7 184/13 11/22 12/1 12/5 13/1 16/16 17/8 143/21 143/22 144/11
63/16 64/10 68110 68119 76/22 apply [1) 176/25 19/20 19/24 20/12 20/13 20/13 August [4) 9/21 15/4 15/5 96/20
77/6 87/1 89/15 91/17 99/20 applying [3) 176/17 178/5 178/5 21115 21116 21121 21121 24/20 August 29th [3) 9/21 15/4 96/20
D 102/25 108/2 113/13 145/22
148/11153113155/2164/24
168/13 168115 17115 179/19
appreciate [1) 18517
approach [11) 33/14 40/3 45/24
48/1 62/9 89/1 92121 115/2 127/7
26/21 28/3 29/1 31/16 33/18 34/10
35112 35/21 36/20 37/18 4017
40/14 40/18 40/25 48/5 48/15
aware [12) 811 9/19 88/16 93/3
9519 97/4119/10126/3126/4
128/10 132/22 157/25
although [1) 145/7 154119158/17 51/10 51122 53/20 55/19 56/25 away [10) 24/16 35/14 59/18
0 always [11) 16/24 68/5 106/5
131/13 178/11 178111178116
178/19178/19 180/4180/4
appropriate [2) 14/24 182/25
approximately [3) 32/13 79/2
79124
57/5 58/1 58/1 60/10 60/10 60/20
60/25 61112 62/14 62/14 65/6 65/8
65/17 65/17 67/20 67/20 68111
61114 63/3 112123 113123 118/4
177/2 180/22
aways [1) 141/6
am [4] 1811718/18 44118 117/24 April [2) 12/19 173/24 69/24 69/24 71/11 71/14 71124 awhile fll 122/17
0
Amendment [2) 76/21 76/22 are (103) 7/23 8/2 16/3 16/23 74/18 74/24 75/5 78/13 80/15
America [2) 163/7 167/16 16/23 17/2 17/1919/12 23/17 85/24 86/9 87/4 87/14 87/14 87/25 B
ammunition [4) 52/22 53/2 5617 25/14 27/15 31110 3211 3217 36/2 89/16 91/4 91/4 9116 91/6 91117 back [72) 12/2113118 I6/II 26/9
115/18 36/4 36/2I 36/21 43/IO 43/10 9217 93/22 94/21 94/2 I 94/2 I 28/I9 3I/2 38/4 39/6 39/8 44/4
amount [3) 10/14 1517 71124 44/15 44116 45/4 47/4 4811 I 48112 95/23 97/24 10111 102/12 I02/21 44/22 46115 49/24 55/5 5517 55/13
:o ample [1] 110124
analysis [I] 14/23
ankle [I] I I8/4
48/13 48/I 6 49/I 5 I/12 51/14
51/17 51122 51/24 52/11 53/13
53/16 53/19 54/6 54/8 55/I6 59/17
104/1 104/5 104/5 104/9 104/9
I 04111 10517 106/18 107/25 10817
110125 11114 111/4 I I 116 111120
58/17 60/10 60/11 60/22 72/9
73/23 74/4 75/25 8011 8017 82/2
84/9 85115 91/1 96/20 I08/24
anniversary (2) -20/15 20/15 59/24-63/I 0-64/8 70/17 72/18 - 112/16-113/9 H3/25 113/25 1 I6/2 H0/7 I-1 4/8--I 14/19 114123 l i 9/I 0
0 anonymous [1) 87/17
another [9) 9/10 44/13 84/1 107/5
128/5 129/2 136114 136/15 146/24
78/19 78/24 79115 88116 9211
92/23 94119 97/22 98/15 101/16
102118 104/3 105/3 109/7 109/9
I I 8/24 122114 12917 132/9 136/14
137/13 137/19 138/4 138/4 139/11
140/14 141/9 141120 141/20
120/25 121124 123/19 123/22
126121 127/1 131116 131120
131123 133/5 133/6 137/11 138/24
answered [2) 132/3 149/21 110/10 111/2 122/11 122/19 142118 144/3 145/10 147/16 148/6 139/9 140/I1 141121 151123
0 answers [2) 86/12 86/2 I
anticipate [6) 25/23 26/1 89/18
142111 152/24 153/8
124/11 I24/12 124123 125/6 125/8
125/10 126/2 128/10 I32/22
135/22 135/22 141122 143/21
148/9 148/19 149/1 150/10 154113
I55/7 156/4 156/9 156/9 157/8
157/15 157/18 158/22 16113 16113
155111156/5157/16163/12167/6
168/18 168/19170/21 171116
17211 172/10 174/4 174/7 175/9
any (85) 7/24 8/22 I 11I8 12/1 I I 44113 144/I 5 152/11 152/15 164/8 167/22 I68/ll 168/21 I77/24 I80/24 181/17 182119
0 14/4 14/13 I5/1 21114 21115 32/I8
43/7 46/12 47/9 52/21 54/9 56/18
58/14 5911 59/12 59/18 60/I4
60115 61/7 62119 66110 67123
154/16 158/5 160113 160/25 I63/5
163/10 163111 165/12 16713
167/17 169/8 169/11 169/13
169/18 169123 169/25 170/4
171/19172/6 174/12 174/15
176/10 176/14 178/6 184/5
Backdoor [1) 87/5
backseat (12) 25/2 37/20 60/10
128119 145/25 151113 154125
159/18 166/12166/14 175/6
175119177/2 178/25 179111 ask [29) I 0115 20/6 26/9 29/8
68116 68/24 68/25 69/23 73/20 178/22
0
181110 181/11 185/9 30113 40/8 40/18.48/6 51/18 77/23
74117 74121 74/24 77/7 77/8 87/24 area [13] 9/22 30/6 30/10 30/14 77/24 85113 86116 9117 91/8 93/19 bad (11) 46/25 77/2 134/21 135/1
92/14 9517 95/11 97119 100/24 30/20 32/4 37/23 39/6 59/16 99/8 101/16 141116 146/4 149/24 135/2 135/8 136/4 149/11 167/12
100124 100125 101/24 105/7 107/1 110/11 156/5 159/18 172110 156/24 159121 166/9166/23 167/3 183/3 183/5
108/4 108/6 109/8 109/9 111/13 bag (27) 24/23 38/3 3817 38/10
[J 111114119/9119/24120/3120/4
121/15 122/11 128/10 130125
140/8 140113 142/21 143/24
areas [4) 28/14 6717 67/12 67/15
argue [2) 17/8 107/25
argued [I) 104123
arguing [1) 104/25
17411 17817 18116
asked [26) 51119 5811 73/22 85/21
90/14 98110 114/6 131118 13211
132/17 132/20 133/7 133/10 134/9
39/10 39/15 47/15 47/15 49/.9
69/22 114/2 !14/15 114115 12617
126111 126/14 127/2 128/19 130/6
144112 146/4146/18 156/10 argument (10) 13/25 113/19 134115 136/8 142/15 14317 148/4 140119 155/3 155/12 155112
0 159/10 159/10 163118 169/22
170/8 170/23171118 171/20 173/2
123/7 123111 162/15 162117 168/6
168/14 171110 176/15
149/8 149/8 165/3 166/21 172/12
175/24 181/18
155/19 159/6 159/10 171115
bagged [2] 69122 70/4
n - ···--- ----------- ------------~---~------------------------
_ _ _ _------------~-------
..
-W--·- ------·---------
Demse C. Phllhps, CSR
0
3
State v David Duane Greer 11114/12 Vol 4
85/4 93/11 93/12 93/22 95/23 98/9 bit [23) 23/20 39/21 50/17 55/19 burglary [4) 13/5 13113 13117
B 102/21 105/20 105/21106/9 . 57/3 57/21 61/11 65/6 70/17 74/11 13/22
Baggie [1) 51/II 110115 111115 112116 116110 90/12 90/17 114/8 118/17 12118 buried [1) 39/9
Bahamas [1) 117/18 117/6 119/24 120/4 121/2 121/25 133/1 141/6 144/8 144/21 145/21 business [1) 177/25
bailiff [1) 184/11 12211 126115 126/25 129/19 164/13 174/16 179/9 buvs Ill 103/4
balancing [2] 12110 12110 140/11 140116 141125 142/13 bits [1) 165/11
c
} Ballew [2) 136/15 136119
Ballew's [3) 84/9 144/12 166/20
144/3 150/14 151/1 154/13 155/6 black [23) 25/2 31/1 32/23 39/2
157/8 158/6 158/21168/8 171/13 45/6 60/21 82/16 108/9 108/9 cab [7] 37/11 37/19 37/25 3811
38/22 60/16 105/5
ballistics [3) 66/10 95/8 95/11 172/2 172/3 173/18 177/19 185/6 119/312617126111 128/8128/19
bare [I) 80123 before [34) l/16 16/1 16/1 27/11 -145/5 -146/5 15S/3 155112 1SS/12 caliber-[2) 25/22 65/8
barrel [3) 55/10 94/13 95/4 58/6 72/12 79110 82/6 83/21 91124 155/19158/22164/21 164/23 call [22) 26/14 63/19 7817 80/10
base [1) 103/13 9217 92/12 102/2 108/16 108/22 blank [1) 153113 82/16 87/13 87/17 8817 88/13
based [5) 16/25 17/23 17/23 113/17 116114 117/22 123/6 block [3) 32/14 58/18 165/9 88114 91116 95115 99/11 10611
100/24 134119 124/24 125/3 126/19 127/4 129/18 blouse [1) 83/1 107/22 107/23 112/8 132/11
basically [5) 20/12 44/20 88/22 13117 131119 132/3 137/3 160/9 blo'Y [1) 65/15 132/12 132/13 142/2 157/3
96/25 163/4 168/5 171/8 172/3 173/8 17717 blue [3) 11125 12/19 4917 called [8) 2111 24/9 35/9 84/11
basing [1) 101/18 beforehand (1) 7/17 Blueback [1) 162/8 85/3 85/5 89/18 114/5
basis [8) 1311 16/6 17/4 18/3 19/1 began [1) 59/8 boil [1) 164/4 calling [2) 105/12 142/12
I 00123 I 09112 110/21 begin [3) 162/10183/12 185/13 boils [1) 164/5 calls [3) 78/9 86/25 129/6
be [124] 1/15 7/9 9/2 9/16 10/24 behind [20) 23115 32/3 32/11 bond [1) 118/1 CAL VERT [9) 2/4 22/23 26/23
10/251111811/2514/1114/18 37/23 39/6 58/12 58/18 74/11 82/6 bones (1) 80/24 73/14 95/25 122/25 154115 157/10
14/24 15/8 15/20 17/1 17/4 17/11 82/9 128/15 156/6 156/6 15 817 both (12) 7/23 7/25 8/2 33/9 176/15
19/21 21/6 21/9 22/19 24/6 24/11 158/9 178/12 178/20 180/4 180115 50/11 101/15 105/14152/14 160/4 came [12) 1115 8110 8111 51/15
25/24 26/2 34/6 36/24 38/21 38/25 184/22 161111 163/12 175/13 82/2102/6118123 127/24 131115
41/9 43/20 45/9 4617 47/12 48/23 being [26) 15/9 24/15 31/5 32/2 bother [1) 178/12 131123 168/11 180/1
51/14 54/11 54121 57/2 59/11 57/3 70/24 98/12 110113 117/2 bottom [3) 41/25 42/2 62/13 camera [4) 58/9 58/ll 71/8
61125 63/11 65/6 66/2 67/12 70/20 126/19 126/20 131/4 132/22 bought [1) 182/4 145/14
73/3 73/3 75/22 76/8 7817 79/4 136/13 136114 136/16 143/12 bound [3) 168/24 169/2 176/11 cameras [2) 97/22 97/24 ~
88/4 88/16 89/18 92/24 94/10 145/10 151113 158/10 162/20 box [2) 33/2 37/2 camouflage [14) ~n ~
94/17 94/20 95/18 9817 98/8 98114 162/21 176/22 178/22 179/23 boxes [1) 23/22 ~ H&'& 128f"l:2"'1~'"1"4"4'ftr
99/8 99/25 100/8 102/16103/12 181/1 bracelet [3) 118/3 140/6 14017 ~~~~
I 03/22 I 04/10 106/6 106/11 belief[4) 65/25 169/8 169/11 brand [1) 65/17 ~g~~H -= r-
106/18 107/15 107/23 109/18 175/19 BRAZOS (23) 117 1117 23/2 27/3 Campbell (67) 5/13 16/5 23/2
109/24110/16 11117111116112/6 believable (1) 183/1 27/8 27/9 27/14 30/15 78/20 79/11 23/4 23/6 23/18 24/2 24/21 25/24
115/5 116/1 117/22 119/25 120/2 believe [35] 7/19 7/20 12/19 14/8 96/3 96110 139/20 139/22 157/14 26/3 26/4 26/6 28/24 29/20 30/6
120113 121119 122/12 127/5 14/10 15/4 15/25 2119 2517 25/11 163/20 163/21165/24 167/9 30/20 3119 31/16 33/10 38/11
128/23 13311 134/21 135/1 136/4 26/5 30/9 45/6 62/4 63/11 65/20 167122 186/2 186/4 186/18 38/12 38/16 38/18 38/23 43/17
141116149115 151111 151/23 6717 6817 68/21 70/25 72/12 82/25 break [5] 76/11 100/ll 113/22 44/5 44/9 47115 52/18 53/5 56/25
152/5 152/15 153/8153119 154/4 100/22 112/11 119/10 148/4 160/10 167/19 57/3 57/6 73/15 73/23 74/2 74/5
154/8 156/24 159/22 162/24 152113 152114 153/5 153/18 155/2 breath [1) 150116 75/9 80/18 81115 81/24 82/21 83/3
165/14 168/11 172/22 175/1 175/6 159/8 167/4 173/11 175/24 brief [5) 9/3 9/11 100/8 152/15 83/6 8317 83/11 83/14 83/18 83/21
175/20.176/4176/9177/151.77118 belong (3) 38/11 38/12 136/6 162/1 85/1 85/3 85/16 86/22 92/6 II 0/6
179/11 183/21 184/13 184/14 belonged [4) 14119 56/24 71/1 briefly [2) 54/14 84/8 112/9 112/15 112/21 144/16
1_84!_24 }_86/_6 186/12 1!19/9 bring [18).15/18 20/19 22/3 22/5 .. 146/19 151/6 157/20164/17 -
because [70) 8/6 8/10 11121 11/24 belongings [5) 113/25 114/9 25/10 51/18 51119 78/2 78/5 112/1 164/24 166/15 170112 180/1
15/12 19/1 19/6 26/3 36/24 49/24 115/11 140/12 140/20 112/4 116/17 153/24154/5 160/25 Campbell's [7) 39110 47/24 49/10
52/9 61114 62/22 63/2 63/15 69/3 belongs [2) 129/11 130121 161/21 183/17 183/19 51/23 52/14 52/20 155/20
70/6 70118 70/21 71125 72/20 bench (3) 37/22 142/10 143116 bringing [1) 175/1 can [83) 7/10 7/14 9/10 9/15
80/20 93/17 94/15 94/22 102/13 beside [2) 32/3 156110 broad [1) 111/16 2Wl820/192Wl92Wl434/14
105/16 106/8 110121 111/23 best [3) 30/1 84/4 86/11 brought [2) 7/22 164110 36/5 37/17 41/15 46/8 50/22 54/23
115/12 117/9117/12 124/14 bet [1) 173/8 brutally [1) 173/9 55/19 56/11 56117 60/20 66/14
124/18 125/4125/9 125/10 128/5 better (5) 21/10 27/25 66/2 84117 Bryan [8) 1/16 1/17 1/23 2/7 2/12 68/9 68/10 70/6 71/3 72/1 76/9
128/21 136/8 137/2 140/4 141/1 97/20 30/12 120/15 186/19 7717 82/19 82/24 86/4 86/11 87/21
145/13 153/15 153/18 164/3 164/6 between [14) 2117 51/4 55/20 building [1) 165/9 89/5 94/3 94/17 94/20 95/5 95/14
16417 165/11 165/15 167/13 172/5 56/4 64/14 92114 94/8 99/15 building-block [1) 165/9 97/19 97/20 9917 100/19 I 03/6
172/23 173/6173113 176/19 177/8 IntiS q&/18 151/2315617 bullet [18) 49/16 49/18 49/22 50/4 _106/}0_IQ{i/25. 145/1? 128/2
C) 177/8 1Ti/iOI77115 178110 162/15 164/1 50/9 50113 5115 51115 51115 51/22 130/24 132/25 141/15 143/15
178/13 179/5 179/14 180/3 180/6 beyond [27] 165114 165/16 167/8 52/9 52113 52/20 55/6 55/10 55/21 144/17 145/3 145/12 145/12
J 180116 181/9 168/22 168/24 169/9 169116 156/18 173/19 145/13 150/16 151/20 152/4 152/5
152/9 152/20 152/21 156/4 16113
become [1) 157/25 169121 174/17 175117 175/17 bullets (14) 6/11 51/9 52/21 53/13
bed [4) 37/15 37/16 48/10 49/2 17611 176/10 17811 178117 178/25 54/1 54/4 5511 55116 55/24 56/3 165/10 165112 165/16 166/12
been [74) 12/18 16/24 22/25 179111 179/19 179/21 179/24 70/14 70/17 70118156114 166/25 168/16 169/15 171/11
25/17 26/21 27/5 2717 27/9 28/2 180/11 180112 180113 182/6 182/6 bunch [7] 39/9 114/11 115/13 173/5173/5174/15175110175111
28/5 31116 33/17 34/2 35/21 40/6 182/8 182112 117/16 140/25 153116 155/3 179/11 183/1 183/5 184/23 185/8
40/17 42/17 48/5 52/22 58/18 big [6) 41/25 71/13 95/1 115/12 bunk [1) 9/22 can't [24) 15111 15/11 2417 37/2
63/18 65/18 66/10 67119 69/4 71/5 124/13 140/23 burden [4) 169/10170/4175/21 37/21 68/5 70/20 71/25 89/11
J 72/8 72/9 78113 78/22 79/1 79/8 bigger [2) 57/3 118/13 178/3 94/13 103/2 105112 107/22 107/22
..
i\d:--------- --- --------------------------------------------------------------------------------------------------
Demse C. Phdhps, CSR
')
j
n c
State v David Duane Greer
174/5 177/6
11/14/12 Vol 4
169115 174/4 178/14 183/6 184/24 146/2146119 146122 147/9 181/21
4
checked [6] 39/25 40/1 75110 80/4 comes [14] 1611 16/2 31/1 55/5 convict [1] 168/25
[J_ can't... [10) 111119 143/1 143/3 81/2 115/17
152/24153/8 156/3 156/12 165/9 checking [2) 50/19 50/25
58/6 63/2 71/4 98115 138/17 convicted [17] 25/12 25113 25/21
172/19 174/7 174123 180/7 181/4 26/4 99/17 119/24 120/4 120/22
122/7 133/21 134/24 163/23
175/10 180122 chief(3) 9/18 10/6 100/16 comfortable [2] 7/23 8/2
cane [1) 38/3 children [1] 91/8 coming (2) 131/15 131/20 167/10169119174/21 176/5
0 cannot [3) 60/23 68/9 175/4
canvas [2) 155/12 155/12
choose (1) 105/16
choosing [1) 105/17
car (28] 23121 29/16 32/11 59117 chose [1] 121/7
comment[1) 15/8
commit [1) 176/5
committee) (1] 118/1
182/21
conviction (3] 20/13 164/2 176/9
convictions (3] 21/16 77/8 122114
convincing [1) 169/1
63/2171/5 71/8 89/10 90/25 91/l CHRONOLOGICAL [3] 3/1 4/1 common [10]-46/2146/23 47/1
0 105/25 126/16 126/20 131/16 5/1 47/3 168/19176/17 177/1177/6 cool [1] 82/12
136/16 136119 136/20 138/24 CI [3] 101/22101/23111/17 178/5 178/10 cop (2] 27/5 35/21
141/5 144/11 144112 145/25 circumference (1] 94/22 company [1] 84/14 copies [3] 16/4 16/23 161/25
170121 171116 174/22 181/17 circumstances [3] 14/20 56/22 compare [1] 68/3 copy [4] 17/1 107/4 107/6 162/5
corners [1] I 03/20
0
182/25 185/3 56123 compared [1] 174/9
care [7) 7/12 26/10.100/6 170/3 city [I] 30/11 compartment [5] 37/1 37112 Corps [2] 162/24 162/25
179/12 184/25 185/2 claim [4] 132/18 137/24 166/22 37/21 39/6 60/22 correct [115] 11/12 11/15 13/7
carried [I] 170/16 181/10 complete [5] 68/5 85/23 105/20 19/16 29/13 29/17 34/20 3511
carry (4] 100/19 130/2 167/19 claimed [1] 148/5 122/8 122/9 36/24 37/4 41/2147/5 47/17 49/4
0 173/7 clanging (I] 168/5
cars [5] 31/23 32/1 3217 3217 33/2 clarified [I) 142/18
case [70) 7/20 7/24 8/3 8/5 8/12 clarify [3) 46/24 132/8 137/11
completely [1] 138/5
complied [6] 41116 42/11 54/20
56/12 183125 184/12
50/6 56/20 57116 57/23 59/4 5917
5919 59/14 59/25 61/6 61/15 61/19
61123 62/4 62/20 62/21 62124 63/5
9/1810/6 11/19 11/23 12/22 13/2 clean [1] 9/23 computer [1] 36/7 63113 63/17 63/22 64/25 65/3
0 13/11 13/17 13/19 13/21 13/22
14115 17/22 25/20 26/8 44/23
clear [14] 50/20 71/17 108119 computerized [1] 1/18
111/2121/9127/11133/1134/19 concentrating [I] 30/5
47/22 63115 63/24 67/6 68/17 69/9 136/2 15117 151/11 169/7 181/20 concern [1] 181/13
65/10 65/11 65/14 66/2 66111
66/18 67/9 67121 68/3 68/4 68/7
68/18 68/22 69/1 69/2 69/11 69/14
77/12 84/1 84/2 89/9 97/4 99/20 182/20 concerned [4] 108/13 117/23 69/15 70/15 71/2 71/20 71/23 72/4
0 100/5 100/16 101/24 103/8 103/24 clearly [3] 38/23 38/25 143/11
108123 109/24 121/21122/17
125/17131/10 139/11 139/14
client [4] 10113 104/9 108/7
111/14
134/10 174/4
concerning [1] 146/4
conclude [1] 56/24
73/4 73/24 76/19 77/4 77/20 87/15
88/10 88/16 88/23 89/20 93/21
94116 97/5 102/3 121/2 126/12
127/17 127/19 127/24 128/6
142/4 146/23 146/24 146/25 149/1 client's [I] I 02/25 concluded [2] 100115 143/16
0 149/3 154117 160/2 165/8 165/9 cloak [I] 105/12 condition [6] 37/9 38/1 40/14 128/25 129/1 129/4 129/11 129113
166/7 167/2 167/3 167113 167/18 close [5] 48/8 49/12 55/20 160/1 40/25 53/20 116/2 129/16 129119 129/20 130117
177/15 177/24 178/20 179/8 160/3 conduct (2] 84/22 106/19 13 0118 130/22 13 0/23 13 1/9
180/18 180/25 184/17 184/25 close-up [2] 48/8 49/12 conducted [2] 11113 158/11 131/24 132/1 132115 133/8 135/4
185/9 closed [3] 75/19 160/2 160/5 conducting [2] 158/1 165/24 137/4 137/20 148/3 148/7 149/1
0 case-in-chief[3] 9118 10/6 100/16 closely (I] 79/17
cases [2] 27/23 92/16
catches (1) 52/10
closer (I] 105/22
CLOSING [3) 162117 168/6
conference [1] 142/10 150/20151/8 151/14 151/15
confidential [9] 88/8 91123 91/24 154/25 155/4155/16 156/16158/8
101113 101115 103/7 108/3 108/14 159/4 159/19 186/5
caught [3) 135/2 136/5 150/7 176/15 111111 correctly [3) 109/20 169/25 186/9
0 cause [8) 1/3 1116 12/16 95/5
I 09/25 I 09/25 169/6 18617
causing [2) 55/9 55/22
clothes [I7] 12/6 60/24 105/7
114/1 114/10 116/21 117/14
confirmed [1) 75/11
confrontation [4) 10/12 103/1
125/20 126/7 126/8 126/11 12 7/2 109/7 109/11
cost [1) 186/11
could [37] 11/25 29/22 32/15
33/22 47/11 52/5 54/18 54122
CDs-[1]-155112. 130/4 130/5 140/12140/25156/9-- confusion (l) -12118 . - . -55/23 58/20 65117 65/18 66/4 67/6
0 cell (2] 12/3 12/5
Central [I] 27112
certain [6) 63/6 66/25 71/24
clothing [I8] 24/23 29/5 38/2 38/3 connect [1] 175/4
38/8 38/10 38/14 39111 39/15
47/15 47/16 47/19 47/20 47/25
cons [2] 20/12 77/2
consider [1] 176/21
76/3 77/9 87/25 93/18 101/9
101110 112/19 114/1 114/12
116/24 116/24 121116 134121
129/3 143/20 180111 149/18 155/4 155/15 155/21 Constitution [I) 83/15 135/1 140/8 140121 171/13 171/24
0
certainly [3) 130/1 152/7 159/9 cloudy [I] 82112 Constitutional [I] 76/18 171/25 172/2 172/3 173/19 175/14
certified [5) 16/3 16/23 1711 clue [I] 119/11 contact [2) 30/21 67/8 counsel [IO] 22121 34/3 41/3
78/24 79/1 ' ~),,..! 1-1] 6lL~ contacted [1] 101/22 64/21 73/22 liiii 111/4 177/24
certify [3) 186/5 186/9 186111 - coat [17.:]::::;4'4~/~5 contained [6] 49/10 53/10 70/10 178121 186/6
challenging [2) 16/25 18/1 ~J.!.f;.l;;jY;'-:t-/-18:;l.Q&LlL1.0819---' 70/19 155/3 155/20 counted [1) 103/5
0 chamber [7] 52/3 52/4 55/14
64/20 65/6 70/21 94/21
chl!mbered [1) 50/14
. ~J.e~t.J.Q-.1:!74/~0-r7472:fT75/l container [1) 159/11
!-=7-5-~]..:t-5}3--~
cocaine [2] 106/1 120/5
contains (I] 186/5
. contents [2] 54/5 88/23
counter [1] 173/24
country [I] 118/23
COUNTY [26]1/7 1117 23/3
chambers [1) 186/7 cock [1] 55/12 contest [I] 181/9 25/14 27/3 27/8 27/9 27/14 30115
0 changed [1] 143/13
changes (1] 182/2
charge [1 OJ I0/7 152/1 152/21
coffee [I] 182/18
cold [I] 118/13
collected [2] 65/9 174/9
context [3] 12/3 14/20 15/13
continue [3] 83/18 85/16 151/24
continued [I] 183/16
78/20 96/3 96/10 120/8120/14
120/16 138/12 139/21 139/22
157/14 163/20 163/21 165/24
153/4 160/8 160/18 160/24 162/4 college [I) 63/20 control (2] 170/3 179113 167/9 167/22 186/2 186/18
0 162/7 162/9
charged [4] 9/19 153/19 163/16
184/5
charges (2] 120/16 138/12
color [1] 36/23
combined [I] 165/23
controlled [1] 103/4
conversation [27] 10/16 13/21
come [26) 16116 18/18 26/6 41/15 14/3 1511 74/4 97/14 97/21 98/6
couple [11] 8/11 11/17 20/19 30/2
92/20 96/21 I 00/22 115/4 146/22
151/22 162/18
42/2 49/9 54/18 55/23 63/21 67/8 126/3 131117 131/20 13311 134/20 course [2] 10/4 14/2
0 CHARLES [1] 2/4 72/9 75/7 84/12 102/1 114/6 133/6 135/23 136123 136/24 138/18 court[17] 1/3 114 1/6 1122 1/22
check [6) 41118 81/3 89/10 174/3 140/8 160/6 164/14 164116 167/1 139/5 139/9 142/18 143/8 145/22 9116 17/23 17/25 92/25 123/4
..
0-- ________ --------··-· _____________ ----~emse C~htlh~_:_ CS~----------------------------------
0
0 State v David Duane Greer 11/14/12 Vol 4
depictions [I] 48/14 98/18 98/19102/11 106/3117/1
5
c 164/18 164/25 165/9 166/16 167/8
167/18 181/22 183/3 183/5 depth [I) 27/22 117/12119/11 122/9123/16
court ... [7) 130/13 184/15 186/4 DAVID (43) 118 28/24 29/1 29/20 deputies [2) 23/2 23/8 125/23 125/24 129/18 130/9 132/4
186/4 18617 186/17 186/17 59/8 67/20 69/10 71117 72/1 73/4 deputy [I7.]~57/14 61122 134/5 135/8 135/10 137/22 137/23
Court's [2) 16017 162/9 7317 80/18 8119 87/9 92/4 96/17 62/14 73/23 74/4 74/15 74/20 137/24 138/11 138113 138/15
courthouse (3) 168/20 176/22 112/23 113/6 113/13 113/18 74/24 89/15 90/9 136/15 136/19 143/3 145/23 148/8 148/11 148/11
136/24 151115 155/8 157/25 148/19I50/18 159/9 159/9 165/18
D 177/7
courtroom [7] 17114 29/2 42/22
64/24 109/3 109/8 176/25
114/23 11917 122/19 123/8 132/12
137/17 145/2 146/20147/18
147/21147/23 148/9 157/20
describe (15) 27/I? 29/4 35/2
35/2 35/16 36/16 37/8 37/8 39/5
169/20 171114 173/25 174/1 174/2
181/24 182/3 183/6
covered (2) 117/6 117/8 163/22 169119 17017 170/9 170/11 54/22 82/24 86/5 86/11 144/17 difference [10) 51/3 56/4 56/4
94/8 94/12 94/25 95/1 103/9
0
CR [I) 1/4 170/15 170/16175/16176/3 184/4 145/3
crack [1) 120/5 David's [8) 73/3 11617 118/6 described [4] 32/6 3817 111114 103/13 170/23
crammed [2] 114/17 117/20 148/3 170115 170/23 172/18 155/20 different [20) 27/21 28i14 50/14
credibility [12) 163/11 165/21 174/20 describing (1] 87/14 53/1 55/2 60/17 66/17 66/24 66/25
165/22 166/25 167/3 167/3 167114 day (40) 1/14 23/3 28/20 40/15 description [7) 6/4 14/3 36/22 6717 70/17 119/3 14317 143/8
0 171/20 174114 177/10 177112
177/23
credible [8) 102/22 102/24 103/12
43/5 79/22 82/11 82/22 87/8
II3/17 113/17 114/5 114/5 117/22
123/6 127/4 128/3 128/6 128/25
101/4 10217 I0817 108/14
designed (1] 94/19
detail (I] 89/11
I63/l I63/2 I66/18 I69/4 I81119
181/19
digging [2] 126/21 126/21
109/18 110116 165/19 16611 18117 I29/16 I29118 13117 136/3 136113 details [2) I0/9 II6/I7 dimmed [1) 144/8
0 CRF [I] 113
crime [9] 66/I? 66/24 68/2 68/10
68/11163/16 174/10 176/5 177118
I43/10 I43/11 I45/23 I47111
147/16164/5 166/17166/18167/2
17112 171/8 177/10181/17181/21
detained [1) 59117
detective (11) 27/24 29/12 91123
108/21 108/21 127/21 144/6
dire [4] 163/I5 I65/I6 176/12
177/21
direct (13] 5/12 26/22 74/17
crimes [3] 77/8 119/25 122/12 183/6 186/13 144/2I 146118 150/25 I57/15 74/21 78/14 79/21 88/8 95/24
0 criminal [6) 27/I6 27/19 29/21
7917 157/13165/25
critical [I] 109/20
daytime [I] 3113
dead [I) 140/9
deal [3) 72/20 83/2 83/5
detectives [1) 27/20
detention (12] 9/23 9/24 10115
1617 16/25 17/24 18/2 18/3 96112
96/I6 112/17 144/4 154/14 157/9
direction [I) 55111
disagree [I] 179/9
cross [10] 5/12 57/10 57/12 87/11 dealt [2] 83/2I 83/25 I08/3 IIO/I I1117 disagreement [I] 152/22
0 97/12 111/22 I22/24 147/14 156/1
159115
Cross-examination [8) 57110
decades [1] 165/23
decide [3] 80/I2 85/12 177/22
decided [3) 84/17 84/19 86/23
determinative [1] 10617
determine [I) 1011IO
determined [I) III/15
disapprove [I] 175/16
disarray [I) 60/6
discharge [I] 184/2I
57/12 87/1197/12 122/24 I47114 decision [5] 77/11 77/12 77117 did [I72) 10/9 10/15 IO/I7 10118 discharged (2] 25/18 I85/11
156/1 159/15 87/2 167/1 IO/I9 I0/2I 13/23 I9/2 I9/3 20/25 discharges [1) 94/22
0 cross-examine [I) I11122
crying [1) 174/I5
crystal [1) 18I/20
decisions [I) 177/2
declined [1) 13/23
defendant [45) 2/9 7/20 9/I9 9/25
28/22 28/25 30/20 30/22 3I/3 31/5
3117 31/I5 32/I2 32/I6 32/I8 33/2
33/6 33/8 36/I1 3611I 36/15 37/5
disciplinary [1) 10/IO
disclose [1) II8/24
discount [1) 174/16
CSI [1) 46117 IO/I6 I4/I6 I6/4 23/I8 24/I 25/20 37/25 38/IO 38/18 38/19 39/2 39/4 discovery [1) 182/24
0 CSR [3) 1122 I86/I6 I86/I6
cultivated [I] 92/15
cultures [1) 163/2
26/9 29/9 30/5 30/20 3II16 32/I2
33/IO 42/23 4317 56/I4 56/18
56/25 57/3 73/I9 8317 84/2 96/22
39/I6 39117 39/I8 39/19 39/23
40/I 46/II 46/I4 47/6 47/22 49/9
49/II 49/I5 49/17 51118 5112I
discussion [2] 9/9 96/24
dismissed [2) 13/9 13/IO
disorder [I) 9/23
cumulative [I) 17/11 99/15 99/17 I04/9 I23/I6 123/22 51125 51125 52/2 52/14 57/I? dispatch [7] I9/4 74/23 75/6 8112
0 curiosity [1] I58/14
current [1) 79/5
currently [I] I22/19
129/4 I29/8 I29/22 130/15 I45/19
I45/22 157/I9 I62/I4 I63/5
163/22 I83/24 183/25 184/4
57/I9 57/I9 57/21 59/5 60/I4
60/I5 63/24 64/1 64/18 64/18
64/2I 70/25 ?I/17 71/21 74/4 75/5
81/3 87/24 10I/8
dispute [2] 142/12 179/I1
disregard [1) 8611
custodial [1] 1111.1 DEFENDANT~S [13]4/5 9/25 . .75/6 75/6.79/10 79/13 80/12 80/24 distance [3] 58/5.82/9 166/11
0 custody [10] I2/5 33110 43/8 59/9
83/8 I041lll39/20 I57/22 170/3
179/I3
cut [3) I40/7 I40/8 145/5
10/6 32/1I 3317 34/25 37/6 40/II
97/3 9717 I43/IO I54/23 I58/2
defense [I4] I4/I7 14/20 25/I1
8111 8113 8I/5 83/2 83/5 83/11
83113 83/I4 83/I6 83/17 84/6
84/22 8517 85/I2 85/15 86/13
distinct [1] I40/13
distinction [4] 104/19 105/6 I 0517
I09/21
distinctive (1] 145/14
29/6 34/2 41/3 100/6I40/2 140/4 86/15 86/16 92/3 92/10 9517 96/24
cut-off(1] I45/5 142/4 I43/20 I77/24I78/2I I84/9 97/2 97/24 98/13 I00/20 I02/I distinguish [1] 94/3
D cycle [I] 163/I2
cylinder [11] 50/16 50118 5117
52/8 55/1 55/2 55/6 55/18 55/20
deferred (3] I22/5 I22/5 I22/8
definitely [I] 117/I
102/5 103/4 I06/I5 113/17 113/24
114/6 II4/9 114/13 114/13 114/18
115/I5 II6113 I19/9 120115
DISTRICT [8] 1/6 118 1122 2/6
69/19121120 186/4 186/17
division (4] 27/I5 27116 27/I9
definition [1] 169/9
94/I5 95/3 deleted [1) 153/16 I24/12 124113 I25/23 I26/25 29/22
0 D
D.A [1] I66/5
deliberations [5] 162/11 I76/18
183/13 I83/I4 I83/I6
d~J!1~a!l.QI [7] 8~/I9_ 86/5 90/13
129/22 I30/l I30/2 130/25 132/6
134/1 I35/18 I35/2I 136/6 I37/13
q7/I9]38/3 I39/5 139/22 140/I
DNA [8) 67/2 68/I 68/16 68/16
68/25 I7 4/9 174/9 I7 4/11
do [I78) 7116 7/18 8/2I I0/17
D.A.'s [2) 7/10 13/10 90/18 9I/5 9I/6 9II7 140/3 142/I? I45/18 I46/4 I46/19 13/24 I4/4 I9/17 I9/19 20/21
dad [1] 73/4 demonstrate [I) 54/24 146/22 I47/4 I47/4 I47/9 I48/I4 20/22 21121 22/15 25/5 26/IO 27/2
daily [I] 177/I denial [2) 85/23 91/li 148115 148/I9 148/20 14911 149/2 27/2 27/21 27/22 28/16 2911 29/3
damaged [I] 35/9 Denise (4) 1122 95/16 I86/4 I50/4 150115 153/15 15411 157/22 31/15 32/19 35/6 35/6 35/11 35112
darl\ [3] 45/1 75/15 75/22 I86/I6 157/24 I57/25 I59/6 I65/17 35115 36/17 38113 39/23 40/8 40/9
0 date (15) 15{3 I6/6 25/14 99/20
Il4124 116112 116114 I20/25
137/14139/6139/18 142119
deny [4) 9I/9 I11124 165/4
180/10
department (5) 27/21 36/19 82/20
171112 172/17 I73/l I74/l174/5
I75124 I76/5 I79/17 I80/12 I8117
182/14
40/20 47119 47/22 50119 50/22
50/23 5I/11 53/12 57/I8 62/18
64/22 68/8 72/5 7217 72/8 74/21
142/24 163119 164/2 96/4 96/11 didn't [56) 11/3 14/18 18/4 53/2 74/23 75/1 75118 75119 77/19
0 Dave (17) 23/1 81/24 83/3 12817
132/11151/7I51112I64/11
depend [I) 104/16
depending [2) 101117 102118
58/II 5911 62/22 62/23 63/24 82/4
85/18 88114 89/10 90/21 95/11
77/23 79/10 79/13 80/12 82/10
82/13 82/21 84111 84/21 85/12
..
W-- ------ Demse C. Phillips, CSR
0
0 State v David Duane Greer 11/14112
165/17 167/8 168/22168/24 169/9 education [1] 178/15
Vol 4
everybody (6] 29/25 35/5 43116
6
D 169/16 169/22 169/22 174/6 effect [5] 14/2 14/12 14113 15/2 58/19 84/20 177/20
fi!Verybody's [1] 88/19
0--- do ... [114] 89/12 94/6 94/25 95/7
95/11 96/9 9619 96/17 96/19 98/10
98/19 98/20 98/23 103/4 105115
174/18 175118 176/2 176/11 17811 15/8
178/2 178/3 178/18 178/25 179112 effectively (2] 142/23 168/9
179119 179122 179/25 180/11 efforts [1] 30/5
everyday [2] 79/19 176/23
everyone [7] 78/7 112/6 145118
106/5106/810711107/11107/17 180112 180114 182/6 182/7 182/9 eight (2] 2116 120115 154/8 165/4 167/22 183/21
0 111/20 111/21 112123 112/24
112/25 113/25 115/5 115/8 115/15
115/19 116121 117/5 118/10
182112
down [16] 31120 37/22 41113
either [13] 8/12 68/25 83/3
121/20134/2 156/20 165/17
41115 54/15 54/18 76/9 95/14 99/7 175/13 176/6 176/6 182/4184/6
everything [14] 24/10 32/4 58/24
61118 89/10 89/11 97/23 9911
117/19 121/11121112 171125
118/10 118/11 12116 121/7 121/11 141115-151120164/4 164/5 173/25 .184/16 172/6 177/12
everywhere [2] 60/12 60/13
0
122/3 125/2 125/5 125/9 125113 177/22 180/7 element [7] 168/21 168/24 169/2
125/20 126/17 129/23 131/15 downstairs [1] 177/5 169/21 169/23 175/17 176/10 evidence (47] 17/22 19/25 25/11
131119 132/17 132/18 134/16 DPS [2] 6711 67/15 elements [4] 163/15 163/15 165/8 25/20 26/7 35/25 36/25 52/15
135110 136/15 136/16 136/20 draw (1] 113/5 169/15 59/12 59/19 67/1 67/5 69/22 69/24
139/8 140/7 140113 140/18 140/19 drawn [2] 2411 33/7 elicited (1] 148/1 70/4 70/7 100/15 103/2 104110
0 140/20 142/6 142/6.143/5 144112
144/14 144124 150/2 152/8 156/10
158/20 159119 160/11 161/5 161/8
dressed (1] 82/22
drew [1] 116/12
drive [2] 63/3 63/13
else [16] 7/14 12/15 14/19 19110
31/13 34/24 52/21 58/19 81/12
81/17 84/7 106/11 124/15 129/7
105/8 105/12 105/18 105/25
106/19 106/23 107/24 108/19
108/19 109/8 110/11 110/24 111/2
161/9161/11 163/17 163/22 driver [5] 32/25 62/1 62/2 62/17 135/19 167/22 142/21 143/4 151/2 151/3 155/7
0 163/23 163/25 164/9 166/2 166/13
166/21 168123 i68/25 169/1
172/10 172/13 172113 173/5
63/11
driver's (3] 61/8 156/6 164/12
driving (19] 18/9 23/8 23/18
emergency (1] 23/15
employed [1] 78/19
empty [3] 55/1 55/1 55/5
156/15 158/22 160/7168/10
168/14168115 168/15 169/14
173/21 186/5
174/19174/25 176/12 176/13 23/20 29/16 31/20 31/23 56114 encourage (1] 181/5 exact [2] 94/11 156/7
176/18 176/19 177/9 177122 72/24 8011 90/20 101/6 101/24 end [11] 26/8 50118 51/7 52/9 exactly [19] 12/14 25/25 46/17
177123 178/8 180/18 180/19 114/24 126123 127/3 128/24 55/17 80117 160/6 166/3 167/2 99/2 116/19 117/20 121/14 121123
180/25 181/5 181/5 182/17 182118 179/15 182/22 180/24 182/18 131/5 133/17 156/3 156/5 159/1
183/5 183/9 185/1 185/2 186/4 dropped (1] 120/17 ended [2] 32/23 32/25 159/17 159119171/19171/24
0 document [2] 36/13 89/4
does [33] 11/18 12/25 21/1121/17
26/3 31/22 31/25 35/2 35/11 35/20
50/9 50/10 59/24 62/14 64113
drugs [1] 177/17
DUANE (1] 118
dubious [1] 162119
due (4] 11/11 70/24 109/15
enforcement [5] 24/6 50/1 59/19
63/7 110/9
engage [1] 36/12
enhancement [1] 21/15
172/9 177/4
examination (21] 26/22 57/10
57112 73113 74/8 78114 87/11
91/21 9311 95/24 97/12 112/17
87/24 89/8 89/15 100/6 115/25 138/12 enough [10] 94/7 110/17 110/24 122/24 137/9144/4 147/14 150/23
0 116/l 121/22 149/10 164/4 165/14
172/25 173/7 173/8 176/4 178/8
182/25 184/9 184/16
duffle (10] 24/23 47/15 49/9 111117160111174/19175/6
114/15 126/7 126/11 128119 155/3 175/20 176/8 176/9
155/19 171/15 ensure [1] 167/14
154/14 156/1 157/9 159115
examine [1] 111122
example (2] 38/19 67/19
doesn't [4] 104/16 140/6 170/23 duly [7] 26121 78113 95/23 112/16 enter [1] 162/10 excellent [1] 185/6
0 172/8
doing [22] 14/23 24/17 28/2 36/2
36/17 38/5 38/6 39/16 44/1 48/15
144/3 154/13 157/8
dun [2] 166/4 166/4
dun-dun [1] 166/4
entered [3] 155/6 158/21 172/6
entire [2] 146/19 170/8
envelope [3] 53/10 53/11 53/22
except [4] 153/11 180/10 181/24
182/3
exclude [1] 68/10
62/1 79/24 80/3 84/24 128/24 during [17] 9/18 10/5 25/16 82/1 equipment [1] 24/24 exclusions [1] 174/11
0 140/20 154123 155/8 158/6 158/14
176122 177111
don't [99] 7/22 8/4 8/6 8122 8/22
82/5 83/2 83111 85/4 93/6 93/8
93/9 136/19 146/18 147/5 147/9
15 5/2 163115
equivocate [1] 125/23
Ernie [1] 41/18
escalated [1] 10/12
excuse [4] 14/11 14/13 48/13
130/25
excused [8] 99/9 99/10 141/17
JOIL11L~Q IJI2l PI~ U/13_11/8. dust[3]69/4_116/U16/1. escalation .[1] J 4/.4_ .141/19 J 56/24 15.71.1 J 59/22
14/10 14/24 17/13 17/13 17119 dusted [2] 70/9 70/11 especially [1] 95/2 159/23
23119 29/14 43/20 55116 56/22 duty [7] 28120 79/22 168/24 essentially (2] 9/22 10/14 execute [6] 18/6 23/5 23/12 28/23
58/12 61/14 62/11 62/19 65/12 168/25 169/2 176/11 177/7 establish [1 J 169/15 75/4 157/19
65/20 65/22 66/14 69/8 69/23 DVD [1] 168/16 established (2] 108/23 142/13 executing (3] 23/25 31121 33/6
69124 71/6 7411 7412 74/17 75/17
0 75/20 76/2 76/23 76/23 78/1 85/5
89/18 91/12 91/12 91/15 91/15
94/11 98/23 101/13 101115 104/20
DWis fll 66/20
E
e-mail (1] 152/8
evaluate [1] 180/18
even [29] 14/7 14/18 17/11 46/21
47/4 67/5 68/6 91/8 94/18 101/8
101/23 103/20 105/11 106/9
exercising (1] 179/12
exhibit [56] 6/1 6/4 19/25 20/2
22/2 33/18 34/2 34/4 34/7 34/9
34/13 40/7 40118 40/22 41/5 41/11
104/23 104/24 105/14 105/16 each [16] 4114 92/18 103/5 140/14 106/10 106/17117/3 121/19 42/12 42/20 46/3 4717 48/19 48/24
0 I 08/4 I 08/6 108/11 11119 111/12
111113 117/4 119/21 119/22
121112 122/8 124124 132/11
168/7 168/21 168/23 169114
169115 171/21 175/17 175/19
175122 176/10180123 181119
164/15 167/19 169/2 170113 173/2
174/16 175/9 175/15 175/18 176/8
179/25
49/2 49/6 49112 49/19 49/20 51110
52/23 53/9 53/14 53/24 54/1 54/6
54/lf 54/24 55/2556/18 74/3
139/11J 152117 159/8 159111 EARL [13] 2/10 7117 7/23 9114 Evening [1] 185/16 89/25 90/3 90111 93/23 99114
0 159117 161/7 163/8 167/18 168/20
169/8 170/7 17111 171/2 171/18
171/25 172/7 172/9 173/2 173/6
173/16 173/20 174/5 174/8 174/13
11/1 124/5 129/2 129/21 129/23
152/5 153/5 16116 176/16
Earl's [2] 7/22 141/25
event [1] 173/9
eventually [4] 23/21 42/2 70/9
120/19
earlier (13] 32/7 34/24 41/8 47/14 ever [18] 70/11 72/6 119/7 125/16
99/23 10011 107/8 127/12 128/23
129/22 143/19 143/22 151/4 155/7
155/18 158/22
exhibits (10] 6/3 16/3 16110 16112
D 174117176/5 176/6 178/14 180/20
done (13] 9/7 24/9 50/21 68/17
69/I3 69/I6 69/17 72/8 103/11
I 72/2 172/3 174/2 174110
55/15 56113 57/6 73/19 76116
97/24 14 5/7 I 54/24 15 8/4
early [1] 8/1
133/12135/18 140/9 145118 147/4
162/20 162/2I 170/9170/12 172/9
173/4 173/4 177/12 I80/10
19/15 41/3 48/6 48118 49/5 186/9
existed (1] 19/2
existence [1] 18/23
East [3] 1123 2/6 186/18 every (12] 24/5 55/12 66/23 66/24 exit [1] 55/10
door [3] 44/21 137/5 168120 easy [2] 28/4 46/21 66/24 99/2 168/8 I 68/21 168123 expect [1] 168120
Q doubt [32] 148/25 163/19 165/I5 economy [1] 100/20 174116 177110 181/20 expel [1] 173/5
0----- ~--- -------------------------- ..
Demse C. Ph1Ihps, CSR
D
] State v David Duane Greer 11/14/12 Vol 4
7
182/21 184/5 foggy [I] 140/18 generalized [2) 11/20 101/12
E felonies [5] 77/7 119/25 120/3 fold [I] 37/22 generally [I) 7612
experience [10) 16/24 28/12 120/4 120/4 fold-down [I) 37/22 gentlemen [IO) 22/8 76/12 86/1
65/24 66/18 68/1 6917 99/1 165125 felony [6] 99/18 120/10 122111 folded [1) 117/18 100/10 151/21 160/6 161/23 !62/3
166/13 178/6 138/12 138/13 170119 folks [6] 54/21 63119 68/10 94/19 183/12184/21
experiences [2) 177/6 177/9 felt (2) 58/14 61/3 96/2 157111 get (63) 19/4 23/15 23/25 24/1
expert [2) 717 2117 female [1) 93/18 follow (I9) 9/25 10/1 10/19 10/23 33/6 36/8 59/12 63/21 67/16 67/20
J experts [I) 21/2
expiration [2) 20/14 186/20
few (5) 119/23 129/17 137/11
139/13 184/23
11120 11/21 27/21 59/24 80/5
88/19 96/25 97/8 98/10 98/18
68/5 68/6 70/6 70/13 77/3 95/4
101115 104/20105/14 105/16
expired.[2)161/14 183/8 Ficke-[9]-5.1/-l-4c5'T/2Z"6112T61722 -98118-104/5 167/20 176/1176/14 11119 111/19 114/6 116/25 117/1
Explain (I) 50/11 bd/1" "Id.~G-=}4f-24='-1-5-5-!~t-57!23" follow-up [2) 27/21 80/5 _ 117/13 118/24 119/12 121/12
J explained [I) 20/11
exploration [1) 107/24
Ficke's .f-3-)-6~f!-4-89-i'l~/l)
Fifteen (1) 161/11
following [10) 1/14 10/2 1017 12/1
13/9 14/21 97/10 98/15 114/5
124/2 129/18 131/19 134/16
136/10 138/15 139/24 140/5 140/5
exploratory [1) 106/19 fifth (3) 20/15 76/21 76/22 167120 141/3 141/21 141/25 142/8 144/7
expose [1) 101/14 fight [3) 123/11 169/20 171/10 follows (7] 26/21 78/13 95/23 148/21 152/4 152121 161/16 166/4
expression [1) 150/8 fighting [1) 124/18 112/16144/3 154/13 157/8 166/15 166/24 167/18 169/5 !73/1
extended [2) 37/11 37/23 file [1] 121/16 foot [1) 140/7 173/13 174/1 174/11 174/17 175/9
extended-cab [1) 37/11 filed (4) 16/9 I 00118 121/25 force [2) 27/12 79/12 177/3 181/3 181/12184/25 185/4
exterior [I) 42/7 184/14 forceful [1) 182/12 gets [9) 61/14 72/21 101/13 135/2
J extra [4) 57/1 118119 128/9 171/6 fill [3) 57/21 62/23 72/21
extrinsic [2) 142121 143/3
eve Ill 158/13
filled [2] 61/22 155/8
final [5] 121/21 160/8 160/9
Ford (7] 37/11 84/6 84/8 144122
166/11 166/12 166/14
foregoing [1] 186/5
140/9 162/14 177/22 178/21 182/2
getting [9] 32/20 34/23 37/10
43/16 83/24 115/11 134/10 147/7
160/24 162/12 Foreperson [1) 184/12 178/15
F finality [1) 16411 forgot (3) 7/16 7/18 161/25 girl [1) 38/16
face [1) 79119 finally [9] 81/9 99/9 99110 141/18 form [13) 6/12 36/19 62/22 62123 girlfriend [3) 23/1 179/25 182/23
facilitate [I] 32/20 156/24 157/1 159/22 159/23 72/21 89/25 90/3 153/12 153/22 give [7] 15/22 62/12 87/21 97/20
facing [I) 15I/12 173/22 15 5/8 160/24 163/1 0 184/13 111123 150/5 160/11
fact (24] 5311 53121 5711 66/14 find [29] 14/24 19/2 21/11 24/21 forward (3] 55/8 112/22 145/21 given [1] 168/19
75/21 88/9 9317 93117101/18 25/1 2517 2517 26/9 37/25 40/1 found [38] 36/21 3817 40/2 40/25 giving [1) 21/20
106/4 106/6108/13 109/15 109/17 46/2146/23 47/147/6 49/16 61/18 45/17 45/20 49/18 50/13 52/21 glasses [I] 169/13
118/5 119/11 134/15 137/25 69/8 70/S 105/6 133/11 I40/8 53/14 5417 64/3 65/9 68/21 69/9 glove [I] 37/2
163/10 165/12 !65/20 165/20 153/18 165/12167/14 167/17 74/3 85/4 85/9 93/3 93/18 93/24 God (1] 168/19
166/18 176/23 179/4 182/24 !83/9 184/3 104/4 105/3 !05/5 110/16 133/7 God-given [I) 168/19
facts (6) 106/I3 111/9 111120 finders [3) 163/10 165/12 165/20 133/16 134120 143/12 150/1 goes (8]· 52/23 SS/7 58/S 97/23
165113 167/14 178/23 finding [3] 110/24 158/21 167/12 153/19 154/24 155/3 155/19 105/23 I 08/24 111/5 172/21
fail [2) 169/2 169/16 fine (4) 9/2 17/10 153/17 161/10 156/14 172/11 173/14 175/1 going [125) 7/5 7121 8/3 9/16 10/2
fair (31] 33121 38/21 38125 43/20 fingerprint [2] 21/2 116/1 four [6] 79/9 103/20 143/7 143/8 10/13 10/25 12/3 12/4 14/4 14/17
48/13 5012 51/14 60/6 63/8 64/24 fingerprinted [2) 173/23 173/23 181/18 181/19 15/8 16/216/18 17/4 17/15 18/17
65113 66/21 70/7 71/14 72/2 72/4 fingerprinting [I] 46/9 frame [4] 25/16 55/20 55/22 18/18 18/19 18/2219/8 19/24
74/11 75/18 88/20 98/7 98/12 fingerprints [7] 21/1 46/12 46/20 99/21 23/24 24/3 24/6 24/11 24/20 25/6
98119 98/20 98/24 116117 I 17/23 46/21 47/6 166/2 173122 free [1] 185/3 25/10 25111 25117 25/19 25/23
120/22121117 138/6139/17 141/6 fire [7) 52/5 52/9 66/14 94113 fresh [1] 168/11 25/25 26/2 26/5 2617 26/8 33/13
fairly [3] SS/19 56/3 91/18 94/20 127/18 165/1 friendly (3] 92/17 92/17 131/13 33/17 34/23 35/5 35/13 36/3 36/8
_ ~irnes_s g) __6~/1_1 _1_?61] ___ - - firearm_[10]_9/20__42/l3_66U3_ _front_[21) J2f_7_17/JU7/18 18/13_ 40/6.40117 _41/17__42ll _42/15 43/15
~. fall [1) 64/13 95/6 164/6 I 6417 167/5 173/3 23/22 25/8 32/24 43/17 50/23 45/10 46/2 47/13 47/14 47/24 48/4
u falls (1] 177/14
familiar (3) 54/21 60/2 94/7
173/4 184/5 SS/17 SS/18 58/23 60/10 64/22 53/9 56/2 5617 71/5 73/23 80/11
80/23 83/17 84/25 85/14 86113
firearms (6] 28/16 28/17 50/1 7117 76/2 76/3 109/8 151/12
familiarity [1) SOil 54/22 72/14 72/17 166/19179/10 89/4 89/18 90/16 91/2 93/12 93/20
far [15] 21116 21/21 SS/7 58/1 fired [2) 94/17 173/S full (5) 37/20 47/16 70/5 70114 I 05/1 S I 06/1 106/2 107/2 110/20
58/17 62/14 65/17 91/4 91/6 104/S firing [I] 55/8 159/6 111/24 113/9 113/20 113/21 115/5
110112 113125 138/4 156/9 161/3 firm (3) 169/8 169/11 175/19 full-sized [1] 37/20 120125 121/6 123/8 123/22 125/4
fast (2) 58110 145/21 first (19] 2017 26/14 26/21 37/15 function [1] 95/3 133/S 134/15 136/10 13717 137111
feasible [1) 62/2 48/4 49/6 73/16 78/13 81/6 95123 functioning (1] 167/15 140/17142/5 143/21144/20
February [31) 12/18 22/24 25/15 96/S 112/16 120/3 125/16 157/8 further [I5] 34/18 48/22 90/6 145121 150/2 150/6 150/25 152/2
27/9 28/19 43/2 69/13 79/21 82/10 162/13 162/2016817 175/25 9017 95113 9916 99/13 110/19 152/12 152/15 15317 154/3 155/6
99121 113/6 113/16 116/13 117/22 first~hand [I] 81/6 141/13 143/24 151/19 156/23 158121 162/3 163/12 166/4 16617
120/9 120125 121/25 123/1 135123 fit[6) 52/3 52!4 5712 65/5 93/18 i5912i IS6/9 1S6/11 - 166124 167/4 169/5 171/25 173/12
137114 139/6 140/11 147/17 173/lS 174/4 174/20 174/25 175/23 179/9
148/16157/16 !63/18 164/lS fits [1) 94/21 G 181/10 181/12
167/9 172/1 173123 181/15 five [4) 20/14 25/17 164/1 167/11 Galveston (7] 120/8 120/14 gone (3) 80/4 171/4 172/16
Federal (2) 72/20 72/21 five-year [I) 167/11 120/16 122/4 122/16 138/12 good [12) 7/3 7/4 26/2 26/24 77/1
feedback [I] 184/25 fixing [1) 153/21 170/19 82/9 96/1 110125 111/2 121/12
feel [I] 167112 flip [2) 82/19 !84/1 garments (I) 117/15 131/13 171/22
feels [I] 25/5 Flipping [1) 155/11 gasping [1) 91/13 got [60) 8/20 917 12/6 12/20 !2/21
felon [14) 9/19 25/12 25121 26/4 flowery (2] 128/9 182/7 gave (2) 86/13 I 64/25 13/15 13/18 13/19 19/21 21/16
117/12 133/21 134/24 163/23 focus (1] 10/4 general [4) 11/22 12/13 15/15 32/11 45/1 4617 10514 105/15
167/10 169119 169/24 174/22 focusing (2] 62/13 68/13 178116 105/24 105/25 107/5 109/17
..
T
d--- ---
Demse C. Phillips, CSR
J
8
J State v David Duane Greer 11/14112 Vol 4
133/24 134/4 134/4 134/6 134/6 90/9 95/23 98/6 112/16 127/5 Hillbilly's [10] 132/14 134/5
G 134/6 134/8 134/20 135/2 135/20 131117 131/20 133/24 134/20 135/25 136/9 137/15 137/22 139/2
got. .. (41] 1!1111113/19 114/6 135/21 135/24;135/25 13611 136/5 144/3 149/13 154/13 157/8 142/15 170/22170122
114/24 121/4 122113 122/13 12317 136/6 136/9 136/11 136/20 137/19 he'd [2] 25/17 129115 him [109] 7/119/231011510/17
123/23 126111 127/4 127/15 137/20 138/1 139/2 139/2 139/24 he's [21] 7/9 9115 10/6 11124 12/5 10/19 10/22 12/3 12/6 1217 14/21
128/11 128/12 128/15 128/15 139/24 140/10 140/13 140122 18/1 29/5 29/6 76/15 89/18 I 02/24 15/9 18/5 2017 21/2 26/2 26/3 29/4
129113 131/17 136/5 137/3 141/20 140/24 142117 142/19 143/10 109/1109/2109/3111116131/11 32/14 43/8 58/23 59112 76/8 76/15
J 141/24145/8 147/8 147110 151/22 146/20 146/20 147/5 14717 147/8 145/3 145/5 174/22 174/25 183/4 79/17 82/6 96/18 96/18 96/25
152113 163/3 167/20 168/10 147/10 147/10 147/16 147/18 head (7] 86/9 122/15 122/21 96/25 97/8 98/17 98/20 98/21
171/10 172/5 173/3 173/17 173/17 .147/20 147/21 147/24.14811 148/2 123/3130/.12 131/12134/12 102/2 102/2 102l14 102/15 102/19
174/2117917 180122 180/+4 148/5 148/20 148/20 148/21 hear [15] 7/24 24/19 24/21 25/10 108/16 108/16 108/22 112/25
182/11 182/21 149/20 150/18 150/19 154/24 25/19 25/23 26/5 75/6 77/3 102/11 11311113/23114/5114/6117/9
gotten (1] 120/16 156/14 156115 164/22 165/10 149/10 150/15 150/16 160/9 117113 118/4 119/12 119/17
grab [3] 114/2 114/9 114112 166/2 166/22 167/9 167/19 170/2 162112 119/18 123/2 124/8 124114 124114
grabbed [12] 114/1 114/2 114/8 170110 170/12 170/13 170115 heard [8] 74/23 150/15 164/17 129/11 130/21 131/3 131/15
114/10 114/10 115110 115/13 170/15 170/16171/12 172/10 165/19 166/20 166/20 166/23 131/20 131/24 13217 132/8 132/11
116/20117114 140/12 140/23 172/14 172/15 172/18 172/23 171/8 132/12 132/13 132/19 13417 134/8
141/1 173/1 17317 173/10 173/22 174/4 hearing [5] 8/3 16/17 17/5 106/25 134/9 134/15 134/17 135/1 135/2
grabbing [1] 166/11 175/4 175/4 179/20 179/20 179/22 121/21 135/9 135/13 135/15 135/25 !36/1
grabs [1] 171/10 181/10 181/11 181/11 181116 hearsay [9] 16/15 16/2018/18 136/4 136/6 136/9 138/16 139/23
gram [1] 120/6 181/22 182/4 182/5 182/5 182122 18/19 19/6 80115 85/24 87/5 140/3 140/10 142/1 143/9 146/4
Granberry [1] 2/11 182/24 103/20 152/5 15817 159/3 159/9 164/14
GRAY [20] 2110 2/11 16/8 17/21 gunpoint [2] 33/1 33/5 heat[3] 114/11 116/23 124/19 165/1 165/3 167121 167/21 174/20
26/10 57113 74/9 87/12 93/2 97/13 guns [1] 72/17 heated [1] 123/9 175/4 179/5 180/8180/16181116
112/7 112/13 112/18 127/11 guy [7] 8/25 96/16 131/11 140/8 heavier [2] 39/21 ~9/24 181117 182/4 183/5 183/10
137/10 147115 156/2 159/16 168/1 142/25 158/6 182/21 heavy [2] 25/6 61/3 his [82] 7/21 8/25 9/22 10/22 1118
168/6 guy's [1] 11/7 heck [2] 149/25 15011 12/1 13/24 14/18 23/1 25/9 25/9
GREER [57] 1/8 8/6 20/9 20/11 !!UVS J4f 43/4 113/21 119/14 121/1 held [2] 1/15 1117 25/21 25/21 25/22 56/14 71/18
22115 23/1 23/4 23/6 28/24 29/1 help [4] 11/19 28/23 153/11 183/5 71/21 72/2 73/9 79/19 86/19 86/20
29/20 31/2 31/9 36/14 38/11 62/20 H helped [1] 172/7 97/9 98/19 99/16 118/3 118/9
67/20 69/10 71/17 72/24 72/25 habitation [2] 13/5 13/13 helping [2] 3311 157/19 127/12 127/15 127/22 129/4
73/7 74/25 75/9 76/17 80118 81/10 hair [1] 65/2 her [71] 24/23 26/6 39/10 47/16 129/11 129/13 130/20 131/4
81/24 83/3 86114 86/16 86/22 87/9 hairs [1] 138/4 71/6 71/14 83/14 83/19 83/19 132/11 135/19135/21 135/24
87/14 88/4 88/9 90/20 92/4 96/17 half[2] 78/23 79/14 83/25 84/5 84/6 84/6 84/7 84/8 136/1 140/9 146/7 146/8 146/10
98/6 98/25 99/1 112/23 119/7 hallway [1] 125114 84/9 85/19 85/21 86/5 86/5 86/9 146/11 148/11 148/12 149/22
128/15145/2157/20 163/22 hammer [3] )5/5 55/7 67/12 90113 90/17 91/3 9114 91/4 91/6 163/6 164/1 164/25 165/3 165/4
164/12 164/18 165/10 166/16 hand [11] 20/9 22/9 25/8 45/13 91/12 92/7 92/15 93/19 93/20 165/6 165/10 174/21 178/24
167/8 167/18 183/4 183/5 184/4 81/6 89/4 162/2 165/10177/18 141/21141121142/1142/15 178/25 179/1 179/2 179/2 179/5
Greer's [10] 23/7 72/1 146/20 185/2 186/13 142/18 142/19143/7 143/13 179/14'179/20 179/21 179/21
147/19 147122 147/23 151/7 handcuffed [1] 59/18 146/22 146/24 146/25 147/2 147/5 179/22 179/22 179/23 179/25
151/12 164/25 181/22 handcuffs [8] 1217 59/9 104112 148/4 148/6 148/14 148/16 149/8 180/1 180/1 180/10 180/25 181/1
Grimes [1) 25/13 113/10 113/14 138/22 170/20 150/8 150/15 150/16 166/20 18111 181/16 182/22 182/22
grounds [I] 11118 174/23 166/21 166/21 166/23 171/2 17115 182/23 183/7 183/7
. g1J.C:~[2_1] ~/4.l21JQ .2.8/§ 5_8/9 - hande_ljJl] _54{~ .... -. 17J/8J71llO_L73/U731l418116 _ hold [3].8/19_167/21J67/2L .
58/17 58/20 59/8 60/16 61/4 61/22 handle [2] 67/12 119/7 181/10 181/13 181/18 182/l holding [3] 45/4 45/6 45/21
64/3 64113 67/4 71/4 72/11 87/14 handled [3] 70/5 88/16 170/9 182/23 182/24 183/1 hole (1] 119/19
90/20 96/21 98/8 115/25 118/22. hands [2] 67/9 140/9 here (42] 8/25 9/14 10/1 10/7 holes [1] 55/2
148/16156/21 173/5 happen [10] 8/14 51/6 63/23 11/21 14/21 25/10 29/2 29/6 36/8 home [2] 123/21 123/22
guilt[5) 11114 11119 77113 167/12 63/24 106/3 113/18 116/14 135/8 41/15 43/13 43/15 44/3 44/6 44/22 honest [1] 25/24
167/17 139/5 166/7 45/5 51/18 54/19 55/23 55/23 honor [7] 9/19 41/12 109/20
guilt/innocence [1] 77/13 happened [20] 8/7 10/11 13/22 63/15 66/2 89/12 I 06/3 107/19 162/19 162/21 183/23 184/8
guilty [8] 7/20 22/17 22/18 26/9 14/5 32/10 32/22 33/22 80/6 82/5 I 09/11 109/25 118/16 127/12 Honorable [1] 1/16
153119176111 183/10 184/4 121/3 137/3 138/18 143/14 145/8 141121 150/25 153/14 162/19 hood [1] 37/2
gun (169] 14/18 25/7 26/6 45/20 163119 163/25 164/2 165/17 182/3 162/23 164110175/12 175/15 hoody [1] 128/12
46/4 46/22 47/2 49/2 50/9 51/5
53/21 54/7 61/4 61/5 63/21 64/20
67/6 68/21 69/25 70/9 70/18 70/19
183/7
happening (1] 140/17 .
happens [S] ·35/8 84/17 84/18
178/21 179/7 181/4 185/4
hereby [1] 186/5
herself[l] 171/3
hopefully [2] 152/20 160/11
hqp!ng m ! 62/22
house [2] 117/2 123/12
71/21 71/25 72/2 72/5 72/8 73/7 166/7 176/25 hesitation [1] 125/24 Houston [1] 21/2
73/9 74/3 85/9 85/11 85/15 85/18 happy [1] 98/14 Hey [2] 170/21 174/23 how [48] 11118 19/2 22/15 27/5
86/24 87/8 90/21 94/12 95/9 106/1 hard [5] 42/21 45/5 75/23 124/17 hidden [1] 82/17 2717 28/2 28/6 29/24 35/2 35/3
114/2 114/10 115/15 116/4 116/7 153/18 hide [1] 124/8 36/16 36/17 46/17 54/23 58/10
116/9 119/7 119/10 119/18 123/16 harm [1] 104/10 high [1) 169/10 58/17 75/6 75/6 78/19 78/22 79/1
123/20 124/2 124/24 125/3 125/7 hasn't [1] 111115 higher [1) 169/11 79/8 79113 81/1 82/21 86/7 88/16
126/14 126/24 127/5 129/22 130/2 have [234] highest [1] 169/10 94/6 94/9 I 03/3 I 03/3 I 03/4 I 08/4
130/3 130/16131/2 132/18 132/20 haven't [4] 62/12 109/17 150/9 Hillbilly [9] 132/9 132/12 132/13 111114 111/20 111121 112/25
132121132/21 133/7 133/10 170/4 134/10134/15 136/10 137117 113/2 115/8 127/22 136/4 152/11
133/11 133/12 133/16 133/19 having [17) 7/24 26/21 36/7 78/13 166/24 181/12 161/5 165/16169113 177/1 177/22
r~-- ·--------------------------·----·---- --~-~:~~e ~~~ilhp_: cs_~---------·- ..
- -----------------------------------
9
J State v David Duane Greer
173/20 186/6
11114112 Vol 4
17/24 24/9 24/10 24/18 25/5 3 5/18 171/6 172/15 173/2 173/4 174/11
H Including [1] 28/16 35/20 36/3 36/12 36115 36117 174/13 175/4 175113 175114
l- how ... [1] 182/1
however [2] 13/4 20/22
huge [1] 140/25
incredibly [2] 152115 152115
incriminating [1] I 06/19
INDEX (5] 3/1 411 511 5/11 6/1
36/20 36/25 37/5 3717 38/5 38/6
39/16 48/15 57115 57/19 57/20
57/22 59/23 61/13 62/1 62/6 6311
175/15175/16177/8 177/20
178/10 178/13 178/23 178/24
179/1 179/5 179/5179/17 179/17
huh [51 18/821/4 21/13 85/22 indicate [4] 98/11 137113 140/1 84/21 84/22 84/24 88/15 88/22 180/25 18111 182/19 182/25 183/6
l 132/6
hurts Ill 70/6
I
148/15
indicated [19] 1112 20/25 2115
59/22 6112 61/12 61/21 64/18
66/IJ69/3-70/23 74110 87113
89/6 8917 89/25 90/3 104/1 104/2
104/3 104/6 104/16 105/2 105/3
105/4 105/13 105/15 105/15
105/19 105/20 105/23 106/2 106/5
18317
item [2] 140/14170/4
items [27] 36/4 36/20 37/13 37/25
38/2 38/22 39/'7 39/13 48/10 60/17
I'd [3] 20/6 54/3 175/25 10112 13911 147/18 149/8 170/25 106/8 106/14 106/18 107/23 60/25 61/13 104/4 105/3 105/5
J I'll [19) 8/12 8/20 911 15/22 51/11 174/10
54/25 57/8 73/12 7417 76/6 7617 indicating [6) 42/22 43/13 44/3
107/23 11113 14119 154/23 155/2
15517 155/9 156/13 158/1 158/6
105/16 105/24 106/3 114/1 114114
114/18 114/22 115/4 115/10
79/21 87/5 93/22 133/6 153/8 45/2 55/9 55/24 158/10172/4173/21 126/21 141110 171/17
155/24 159114 159/20 indications [1) 65116 inventory-type [1] 59/23 its [3) 60/21 I00/5 142/4
I'm [86) 10/1 10/2 1017 10/13 inventorying [31 44/I6 47/18 itself [91 25/4 42/5 70/9 70/18
u ll/21 14/21 16/9 18/18 18/21
indicted [3] 12/21 13/1913/21
indicting [1] 44119 171/18 75115 77/25 95/5 109115 180121
18/22 19/8 25/25 26/8 27/3 27/16 indictment'[Sl 22113 22/14 22/16 investigate [1] 110/19
33/13 33/17 34/22 38/6 40/6 40/17 99/19 184/5 Investigated [1) 84/1
J
41/17 43/12 44/22 45/1 45/6 46/2. individual [15] 8/2 23/1 29/2 investigating (2] 85/16 85/20 jack [1] 24/24
u 46/24 48/4 53/9 56/2 78/20 81/20 99/17102/12 I08/20 108/22
89/4 9417 96/3 96/10 97/23 98/3
investigation [71 27/16 27/19
108/25 109113 110/5 110/5 110/14 27/22 29/22 9317 93/8 93/9
jacket (166] 6/10 25/3 25/4 25/4
25/8 25/9 25/22 39/3 39/I7 39/25
98/11 98/12 108112 I 11/24 118/14 I I 8/1 144/21 144/24 investigations [21 80/5 165/25 40/10 4115 41117 4I/22 41124 42/6
~
124/6 124/21 124/21 124/22 125/1 individuals [4] 1817 23/10 28/23 investigative [1] 110/1 4317 4511 45/6 45/2I 46/4 4817
125/4 12517 126/22 136/2 136/8 144/13 investigator [33] 27/3 27/24 56/17 56/21 56/23 56!24 57/I 57/6
13717 140/9 144/20 145/21 147/25 inform (1] 11017 29/12 44/10 75/8 75/13 78/20 7917 60/21 60/25 6113 71125 72/1 73/15
I 49/17 149/25 150/2 I 5017 150/25 informant [191 80110 87118 87/19 80/2 81119 10112 109/14 111113 73/20 82/I 8 83/I 85/10 85/11
~
152/2 15317153/17 153/21 155/6 87/22 88/8 91/23 91/24 92/3 131/10 132/17 133/5 I33/I5 134/3 85/13 85/15 85/18 85/20 85/21
157113 157113 158121 159/1 162/3 101113 101115 101117 102/19 135/18 137/2 137112138/5 138/19 86/17 86/24 90119 90/21 9113 9114
162/22 163112 163/13 168/4 168/5 10317 103/11 108/3 108/15 108/20 139/10142114 154/22 157/13 91117 91118114/11 115/5115/6
169/5 171119 171123 176/2 176/13 109110111111 158/1 158/10 158/20 165/3 172/12 11519 118/6 118/18 119/1 119/2
179/9 184/21 information [17] 19/3 21/9 61/8 I72/25 123/16 127/2 127/12 127/13
J I've [16) 9/14 27/9 41118 51110 751775/8 8116 88/3 101/3 101/25 investigators [3] 27/20 141/9
54/5 58116 63/23 65/24 77/6 10715 10817109110111/23119/9147/1 16516
127i22 128/2 128/5 128/6 12817
128/8 128/9 128/11 128/12 128/16
128/22 128/22 129/4 129/11 130/2
122/13 122113 141124 152/13 150/5 153/12165/11 involved [21 29/24 81/23
162/8 162/21 infraction [11 10110 Iraq [2] . 163/2 163/3 130/21 13114 131/23 132/1 132115
idea [41 130116 130/25 136/20 132/18 133/8 133/12 133/16 134/5
J ,,!
152/21
identifiable [21 47/2 10118
initial [6] 1617 18/2 18/3 69112
82/5 108/3
is [457)
isn't (5] 104/13 104/13 162/23
initially [4] 14917 150/17172112 166/3 175/3
134/5 13611 137113 137/15 140/13
140/22 140/24 142/14 144/19
identification [5] 33/18 4017 175/22 issue [12] 61115 10017 103/25 145/19 146/5 146/9 146/10 146/15
40/18 48/5 51110 initiated [11 23/8 104/5 104111 142/16 169/18 147/25 147/25 149/8 149/9 149110
u identified [I4] 29/9 31/16 31118 innocence [3] 11/19 77113 163/6
47/12 101/19102/21108/13 innocent [1] 176/4
169/19 I69/25 175/4 179/10
179/10
149/12 149/13 149116 149/20
149/21 149/22 149/22 149/24
I 08/24 10911 109/2 109/3 109/3 . inquisitoriaL[2] __ 163/3_163.!4 _ -·-- issued.[l] ..22/2L _____ .:_ _ _149/25_1 50/Ll50.!6.J 511_7 154/24
~ --- · 1. 84Ll58.4/17 84/L8 24124
180/10 18111 181/2 I82/8 182111
182/22
jac~ets ltl 43/482/!7 118/9
impact [2] 55/9 55/22 in~erior [4] 42/8 60/4 60116 76/4 9511 95117 95/17 9617 98/19 118/12 118/13 171/1
impeach [3] 7717 142/22 14311 interrogation [1] 1i/11 101/14 103/3 104115 105/17 jail [29] 9/21 10/6 12/3 12/5 12/15
J important (2] 176/20 176/21
in-car [I) 144/11
interview [3] 88/1 93/20 182/3 105/22 105123 106/24 106/25 13/12 13/18 13/1914/16 15/23
24/3 35/6 96/14 96/22 97/4 97/9
interviewing [2) 93/11 93/13 107/24 111/17 115/18 120/22
in-depth [I) 27/22 intoxicated [2] 63111 63/11 124/17 126/2 128/14 133/14 134/6 120/20 122/1 122116 136117 137/3
~
inadmissible Ill 14/12 introduce [6] 9/18 10/5 26/25 134/6 134/8 142/13 144/1 145/2 139/6 139/15 139121 142/20
incarcerated [21 12118 15/9 78/16 96/1 157111 147/23 148111 149121 149/22 148/15 148/16.167/20 17311
incident [4) 12/24 15/23 104/8 introducing [I] 17/13 149/22 150/14 151/2151/3 152/25 jailer [1] '10112
104/20 inventoried [1] 59/6 153/15 163/21 164/3 164/15 165/4 January [1) 79/4
] include [2] 36/22 77/9
included [4) 143/23 156/20
inventories [1) 105/5
inventory [73) 6/12 6113 16/8
165/8 166/6 166/11 167/2 168/14
168/14 169110 169/10 169/11
Jason [4] 5/21 157/3 15717 157113
jeans [16] 4917 49/13 49115 49/19
..
~
Demse C. Philltps, CSR
----- -------·- ------------------------- -----·---------·----~--------·--·------- ------··- ----------------------------- --,-----~--~------------·--
]
0 J
State v David Duane Greer
49/1 54/3 54/5 54/22 55/19 60/10
62/11 65/1 70/6 71/17 73115 75/6
11/14112 Vol 4
173/5 173/6173/16 174/8 174/12
174/13 174/13 174/20 175/8
137112 138/5 138119 13911 139110
142/9 142/12 142/14 142/18 143/9
10
0 jeans ... [I2] 50/4 51/16 51/23 82/17 84/14 86/8 90117 92/17
52114 52/20 64/4 65/9 93/4 93118 92/18 92/20 94/4 98/9 98/13 10017
93/23 10517 173/14 101/11 102123 103/2 103/15 104/6
175/10 175111 175111 176/6 17617
177/15 177123 178/6 178/20
178/21 179113 179/17 179/19
144/2 144/6 165/3 166/21 172113
172/25 181/6 181/15 181115
181121
jigsaw [3] 180/20 182/16 182/17 104119 105/25 107/22 108/10 179/21 179/23 179/24 180/11 LEE (I] 2/5
D job [6] 175114 175/16 175117 108/10 112/22 114/8 114111 180112 180113 182/6 182/8 182/10 left [IO] 46/10 96/17 105/1 114/3
176/22 182/15 182116 114/17115113115/19116/24 182112 117/3 117/5145118161116161117
Jones[I]2111 116/25 116/25 117/15 117120 knowing (I] 117/9 181123
judge [125] 1117 7/4 7/5 7/16 7/25 121/6 12117 124/5 124/14.130/10 knowingly [3] 164/5 170/2 17012 legal [2] 118/23 171/4
knowledge [I4] 60/15 74/18 legally [I] 110/8
0
8115 8/16 9/4 9/10 10/25 11/17 136/24 137111 137/23 140/6 14111
12/17 13/3 13/6 14/1 14/8 14/10 14115 144/8 144/20 148/1 149113 74/21 74/24 84/4 88/9 89/21 89/22 length [2] 56/4 94/24
14124 15/6 15/19 15/20 15/24 16/2 149/18 149/21 150114 151/11 117/25 149/19 150/5 156/11 lengthy [I] 168/9
16/14 16/2217/3 17/21 18/17 152/8 153/17158/1415917 159/18 178/18 179/18 less [5] 120/5 12417 152/16
19/16 19/19 20/6 21/24 22/22 165/2 165115 170/4 174/22175/6 known [IO] 67/16 101124 102114 170113 170/17
D 26/19 29/8 33/15 34/1 34/9 34/12 175/9 176/1 177/19177125 182/17
34/20 40/4 41/2 41/8 42/15 42/18 ·ustice ril 167/15
45125 48/2 53/25 57/9 57/11 62/9
108/20 108/21 108/24 109/13
109/15 11017 11 0/8
knows (4) 108/21 129/4 129/4
let [23) 22/9 38/4 46/3 46115
46/24 49/24 63/12 77/23 80/21
84/17 8717101/16113/5115/4
73112 7617 7811 78/9 80115 85/24 K 12917 120/18 121/6 121/9 123/19 127/3
0 86/25 87/10 89/2 89/24 90/5 90/7 keep [6] 23/20 53/2 72/16 118/4
92/21 95/13 99/6 99112 I 0017
100/14 100117 100122 101121
118/13 119118
keeping (1) 158/13
L
L-A-K-E-S-H [I) 1119
132/8 139/9 152/5 184/21
let's [22) 37/15 57/20 76111 90117
100/10 114/8 120/3 142/8 15211
102/23 I 03/21 103/24 103/25 keeps(!) 17111 L-A-K-E-T-H (1] 9617 154/5 160110 161/21 163/17
0 104/18 105/24 106/12 106116
106/24 107119 107121 108/18
111/6 112/3112/8 112/14 115/2
Kenneth (I] 72/25
kept [2) 52/23 80/6
key [1) 67/11
121/20 127/8 13717 141113 141/16 kidnapped [3) 116/10 140/5
L-E-D-E-S-M-A (1] 78/18
lab [4) 67/1 67/15 68/2 68/2
lack [I) 27/24
ladies [10) 22/8 76/11 86/1 100/10
163/20165/22170/6 176118
177/24178/1 178/2 178/3 183119
level [I) 28/3
levels [1) 169/4
151/21 160/6 161123 162/3 183/11
0
141/21142/3 142/6142/11 143/18 173/9 liability (2) 61/15 172/5
144/7147113 151/18 152/13 kidnapping [4] 116/13 131110 184/20 liability-type [I] 61/15
152/19 153/1 153/10 153/22 139/11 148/25 Lakesh [2) 1118 95/17 license [3] 6118 I 0217 I 02/9
153/25 154/20 156/23 157/6 kind (41) 10/12 1917 23/22 25/1 Laketh [5] 5/17 95/16 95/17 lie [16) 13113 138/3 176/19 178/8
158/18 160/16 160119 161/3 25/5 30/4 30/19 30/21 32/4 32/8 95/22 96/6 178/9 178/12 178/13 178117
0 161/10 161113 161/15 161116 32/19 33/2 34/23 37/11 37/16 land [I) 169/10
161/19163/4163/9 167114 16812 37/25 38/1 42/214317 43/22 44/23 Langley [1] 8/16
177/9 46/8 49/1 54122 54/24 62/13 66110 large [11) 25/2 37/12 39/2 57/1
178/20 180/5 180/6 180/8 180/9
180/17 182/13 182/14
lied [7) 179/23 180/12 180/14
judges [4) 163/11 165/20 165/21 68/16 68/25 69/23 77/8 82/12 86/8 70124 70/25 91118 108/8 118/19 180/14 180/14 181/l 182/22
0 166/25
judging [I) 177/11
Judgment [IJ 20/23
9517 112/22 114115 130110 138/16 170/25 17116
158/13 159110 178/23
kinds (1] 38/2
larger [2) 118/12 170/25
last [7] 11/7 69117 70/10 72/12
lies [1) 180/16
life [4] 46/17 177/6 177110 178/6
lift [1] 46/11
judicial [2) 1/8 100119 knew [I6) 23/10 23114 93/17 86/1 116/2 162/14 lifted [I] 61/3
0 jump [I) 37/22
jumpsuit [I) 1217
junction [I] 100/21
117/12 130/25 13117132/20
149/11 172/22 172/23 183/3
late [I) 15/4
132/21 134123 135/1 135/4 136/4 latent [2] 69/9 70/5
later [I2] 1114 20/1 34/15 511I1
lights [5] 23116 23/20 32/12 14417
164/13
like [72) 10/10 12/20 20/6 2116
jurors [1) 176114 ·- ~'!i~I~U~!l§?L~ _ _ _ _ J36illJ42/1'U4JL1_'! 1351n --- _23/~_24/5 24/22 24/24..27119..29115.
0 - ju,.Y[79]17lTI278 157f816Jf
16/116/11 16/15 16118 17/18
know [I48) 11/21 12/4 12/13 14/3 146/23 150/18 172/25 182/3
14118 15/11 15/12 17/13 18/1 Jaw [13) 24/5 49/25 59/19 6317
18/13 19/14 21111 22/3 22/6 22/10 18/17 21/20 29/1 37/9 42/21 43/21 100118 103/22 104/14 108/23
25116 26/25 27/17 35/3 37/8 49/3 45/4 53/10 57118 58/12 59/22 60/5 109119 110/9110/14 162/4 177/19
29/15 31/23 32/13 35/21 35/24
36112 3711 37/3 37/9 37117 37/20
39/1145/8 46/22 47115 47/18 49/1
50123 51/5 54/4 59/13 61/8 66/9
50112 50120 50/24 56/13 64/23 61/2 61/21 6312 63/6 64/2 64/8 laying [2] 3917 39/12 66111 71/13 7317 73/19 74/23 76/8
0 76113 78/3 78/6 78116 87/1 96/2
97/19 99/19 100/8 100/9 100112
6617 66/13 66/14 66117 67/5 68/13 laymen's [I) 54/23
70/23 7116 72/5 7217 72/8 75/18
109/9112/1112/5123/13123/15 75119 76/18 81/1 82/19 91115
lead [2) 32/11 119/9
learned [I] 17817
82/11 82/17 82/17 84/14 85/23
89/13 91113 98112101117114115
115/12 116/23 119111 124/18
12411 124/23130115 130/19 91115 92/10 94/6 94/8 94/11 96/18 least [IO] 29/23 29/25 65/18 67114 126116 126/17 126/24 130/9 141/1
0 134/23 135/22 151125 153/24 98/3 102114 102/24 102/25 103/1 67/20 70/14 75/24 93/19 117/25
15417 154/24157112 158/4 160/12 103/5 10317 103/18 104/14 104/19 150113
160/25 161/22 162119 162/20 107122 10817 108/11 109/9 111112 leather [7] 6/10 25/3 39/3 146/5
145/5 149/25 159/5 162/22 162/23
165115 171/5 174/22 177/5 177/9
177115 182/17 184/22 184/25
162/21 163/916717 167113 168/9 1 III13 111120 111121 112/23 146/9 164121 164/23 liked [I] 111/5
0 175/23 177/517717 183/12 183/14 112125117/4119/11122/3123/16 leave [S) 2417 117/2 168/20
183/15 183/16 183/20 183/22 129/3 129/22 130/1 134/1 134/5
184/3 18417 184/16 184123 185/6 138111 138/13 140111 144/24
176/20 185/3
led [2] 1617 56124
likely [3] 65/5 67/8 16917
limit [3) 14/1 14/6 3711
limited [I] 1417
185112 149/24 150/9 150113 150/18 Ledesma [53] 5/14 5/16 44/10 limiting [I] 1412
jury's [2) 11/3 43/21 156113 159/17 159119 163/21 44/11 71/5 73/23 74/1 74/4 75/8 line [I] 95/4
D- just (106] 7/6 9/1 1116 12/9 14/23 163/22 163/25 164/2 164/6 164119 75/13 78/9 78/12 78/17 10112
15/6 15111 15/11 15/15 18113 164/22 164/23 165/2 165/16 168/8 101/22 108/21 108/21 109/14
link (2] 68/9 87/24
linking [I] 10113
18114 18114 19/1 19/1 21/19 2417 169/10 169118 170/2 17111 17112 111/13 127/21 131/6 13117 132/14 Lisa [I] 8/11
31/5 32/4 35/4 36/3 37/23 38/2 171/2 17116 171118 171/22 171/25 132117 133/5 133/15 134/3 135/19 list [8] 29/22 36/4 61/13 61118
O 3917 4217 43/22 43/24 44/23 46/4 172/8 172/9 172/9 172/10 172/14 135/21 135/24 136/5 136/25 137/3 104/4 105/4 156/13 156/15
..
D- - - - ---- --- -- --~---- -------- -- ----- ~----
Demse C. Phillips, CSR
- - - - - - - - - - - - - - - - - - - - - - - - - ------ ------ - - - - - - - - - - - · - ----- - ----- -- -- -- --
0
0 L M
State v David Duane Greer 11114112 Vol 4
members [2] 26/25 29/21 morning (6] 7/3 7/4 26/24 96/1
11
memories (1] 168117 154/17 185/14
0-- listed (3] 36/21 99/18 156/15
listen (4] 181/6 18119 181/14
183/1
M-C-K-1-N-N-E-Y (1] 1119
machine (1] 1/19
mad (7] 113/23 114/12 115/12
memory (3] 30/1 140/14 140/15
men's (2] 25/2 70/25
mentioned (3] 60/5 71116 92/6
most (3] 38/14 94/16 171/22
mostly (1] 83/5
mother (2] 129/13 164/25
listing (2] 87/24 104/2 116/25 119112 140/16 14112 mere [1] 98/9 motion (11] 16/9 16/21 18115
0 literally (4] 24/10 45/19 158/7
165/23
little (31] 23/20 38/16 39/21 46/23
50117 55/8 55/19 57/2158112
made [9] 32/2 34/24 36/11 91/14 merely [1] 108/14
123/25 124/2 145/11 155/11
181/20
magical [1] . 176/24
message (1] 167/18
met (2] 163/1 170/4
meta1[1] 37/18
19/13 34/19 100118 100121 111/24
121/16121117121125
motive [3] I06/6 106/10 I 06/11
mouth (l] 99/2
0 61/11 65/6 70/17 74/11 90/12 magistrate [2] 103/19 I 03/21 methamphetamine (2] 25/13 move [2] 163/20 166/6
90/17108/12114/8116/11118/17 mail (1] 152/8 99/18 movement (1] 33/22
121/8 133/1 14116 144/20 145/21 Main [1] 2/11 middle [1] 35/4 moving [1] 17/22
161/24164/13 165/10 168/5 179/9 majority (1] 127/2 midst (1] 19/21 Mr (56] 8/5 16/8 20/9 22/15 22/23 ·
180123 182117 . make (23] 21117 21119 21/21 might [6] 11/2 12/5 88/4 91114 23/4 23/6 23/7 26/10 26/23 3119
0 live [3] 115/18 !40/6 1'73114
Lived [1] 135/15
lives (2] 177/1 178/7
24/10 26/10 30/21 35/3 35/8 41118 91114 106/9
50/20 59/17 6311 87/2 I 04/19
115/17 121122 127/11 136/2
mind [14] 50/19 98/19 119/20
130/20 130/20 130121 135/6
36/14 57/13 62/20 72/24 73/14
74/9 74/25 75/9 76/17 78/15 86/14
86/16 86/22 87/12 87/14 88/4 88/9
living [7] 27/2 96/9 118/25 119/15 149/23 161/25 162/15 170/23 140/18 16117 163/19 167/6 168/11 91122 93/2 95/25 96117 97/13 98/6
D 119/18 123/1 12312
loaded [5] 41119 41120 53/14
53117 55/25
177/2
makes [1] 63/7
making [5] 36/3 80/7 109/16
169123 176/10
mine (3] 114/21 115/24 182/25
minute [16] 911 49/24 73/22
98/25 99/1 112/13 112118122/25
127/11 128/15 137/10 144/5
147/15 150/24154/10 154/15
loading (1] 64/23 110/8 174115 76/11 100/10 123/15 124/5 127/10 156/2 157110 159/16 162/9 162/16
0 locate [2) 30/5 81/9
located [7) 18/9 23/6 30/15 30/17
60/17 61/5 8!118
location [6] 35/10 60/21 92/4
male [1) 108/8
malfunction (1) 95/5
man [2] 176/4 179112
man's [1] 99/2
129/3 129/21 129/24 133/6 134/23
160/10 176116 179/7
minutes [8) 9/5 43/22 152/16
161/4 167/25 181123 184115
162/17168/1 168/6 176/15
Mr. [6] 17/21 20/11 34/22 38/11
90/20 112/7
Mr. Gray (2] 17/21 112/7
0 118/24 156/4 156/8 management [2) 170/3 179/13 184123 Mr. Greer [3) 20/11 38/11 90/20
locations (2] 32/3 80/4 many (8] 28/6 29/24 29/25 I 03/3 Miranda [1] 83/14 Mr. Young [1) 34/22
locked [I] 115116 103/3 103/4 108/4 152111 .miscellaneous [1] 105/6 Ms (32) 23/4 23/6 24/2 29/20 30/6
lone (1) 179/10 March [2] 12/19 173/24 misdemeanors [4] 77/9 120/1 30/20.31/9 31/16 33/10 38/11
Marine (2] 162/24 162/25 120/2 122/11' 38/12 38/18 38/23 39/10 43/17
0
long [52) 13/23 27/5 27/7 28/2
35122 49/23 50/13 50/16 50/17 marked [16) 19/24 23/17 23/17 misfire (1] 95/5 44/5 44/9 47/15 47/24 52/20 56/25
51/4 51/5 52/11 55/15 55/16 56/2 29/16 30/2 31123 32/7 33/18 40/7 missing [2] 24/14 63/2 57/3 57/6 75/9 82/21 83/7 83/11
64/10 64/10 64/14 64/19 65/5 40/17 48/5 51/10 58/II 93/22 mixed [1] 39110 83/14 83/18 83/21 85/16 86/22
65/19 65/25 78/22 79/1 79/8 79/13 107/9 151/1 mom (2] 127115 180/2 Ms. (1] 38/16
0 94/3 94/4 94/5 94/8 94/9 94/10
94110 94113 94/17 94/21 104/9
I 05/9 105/9 I 08/24 113/2 129/15
markings [3) 65/16 82/18 173118 moment [7] 45/20 114/12 116/24
match [3) 68/3 68/5 68/6
matched [1] 69/10
124/19 135/4 136/4 183/3
momentarily [1) 15/20
Ms. Campbell [I) 38116
much [14) 9/6 12/11 65/2 72/16
94/9 116/3 117/8 124/7 139/14
134/16 141120 150/14 156/19 matches (1] 174/11 moments (1] 82/5 156/19 158/15 185/5 185/7 185/11
0 15611916115 166/24 173/15
173/16 181/12
longer (2) 122/9 185/9
matching [1) 102/6
matter (4] 9/11 67/23 100/13
185/6
money [1] 103/5
Monishia [57) 5/13 16/5 2311
23/18 24/21 25/24 26/3 26/4 26/5
murder (1) 66/20 ·
must [2) 111/7169/16
my (59) 10/4 14/17 16/8 16/24
0- 1Qng!i..nL9~lO_~-~ __ -~ _.. ~ . ~
look (22] 8121 41/4 44/24 54/4
66/8 85/3 86/8 91/11 97/20 112/22
!JlaUers[!] J51/ll~ _ . ~ ______ .. 28/24 A9/1.0 5.1/23_52/1152/18. ~
may (42] 7/9 33/14 40/3 40/5
41112 41/14 45/24 48/1 54/15
53/4 63/15 67/20 7111 71/7 73/15
73/23 74/5 80118 81115 81/24 83/3
.21/1 27/J 30/1.65/24_73/7 18/17 ...
89/21 96/17 10113 101/14102/25
104/9107/4108/7111114114/2
115/25 11611 140/4 152/5 169/14 54/21 58118 62/9 63/10 63/12 83/6 85/1 85/3 90/24 92/6 93/13 115/9116/16118/22119/21
178/20 180119 180121 180/24 67/24 7115 74/22 74/22 75/22 8911 101/4110/6112/8112/15112/21 120114 12116 125/5 126/21 126/22
18211 182116182/19 92/2194/20 95/3 98/8102/14
0
144/16 146/19 151/6 155/20 12711 127/2 127/2 130/5 130/5
looked [7) 32/13 37/9 62/12 71/13 106/6 106/11 106/18 115/2 118/16 157/20164/17 164/23 166/15 131/10133/19134/4 134/4 134/4
101/23 118/15 141/9 121/19 121125 12717 144/7 154/19 170/12174/7 174/22 175/8 176/3 134/6 134/6 134/8 136/1 138/11
looking (13] 23/3 23/14 31/17 158/17 168/2 172/4173/13 173/24 179/1 179/25 180/14 180/16 181/3 138/12 140118 140119 140119
35/25 37/10 44/4 80/13 80/16 175/9 186/13 181/3 181/7 140/25 149/21 150/17 165/5 170/9
0 80/19 94/4 115/19 150/8 153/6
looks [4] 45/8 89/13 101/17 145/5
lose (2] 176/21 176/23
maybe (11) 13/9 15/14 46/23 Monishia's (5) 90/13 142112
94/25 138/4 152/21 173/11 175/8 174/12 174/16 180/7
175/9 175/9 182/2 month (2] 12/2~ 69/13
171/4 172115 175/3 175/14 175/16
186/13
1Jiyself(9) 8/13 58/3 8()/2 81/19
lot [21] 8/6 24118 28110 28/12 McKinney [5] 5117 1119 95/16 months [6] 13/20 96/21 120115 89111 99/16107/3 118/14 144/16
~ 35122 37113 38/3 43/4 43/21 60/9
63/7 65/24124/17136/10 139/16
140117 148/24 163/1 163/1 163/2
95/22 96/3
mean (26] 8/20 12/5 15/13 19/1
31/23 35/20 35/21 56/3 98/24
129/17 129/18 139/22
Montoya (1] 162/9
moral (3] 77/8 119/25 122/12
N
name (9] 11/7 11/8 27/1 78/17
163/14 I 02/24 103/4 I 06/17 106/25 moral-turpitude-type [1] 122/12 87/21 96/5 101/8 112/19 132/11
0 loud [1] 17116
loved (2) 63/19 135/13
low [1] 110/22
LP (1) 108110
108/10114/11 118/10129/10
140/25 143/2149/11 170/18
means [3) 27117 99/3 163/4
more [21] 7/23 27/22 38/3 44/22
130/2 137/25 138/3 140115 140/15 70/4 70/5 86/8 105/8 I 08112
110/23 118/22 124/6 133/1 150/8
152/11 152/14 15411 154/3 163/8
named (2] 28/24 136/15
Narcotics [2] 27/12 79/11
nature (5] 58/10 59/2 63/20 65/17
95/8
I
0 lunch (2) 142/7 152/3
lying (3) 178/13 180/3 181/25
meant (1] 86/4
measure [1) 94111
169/6 181/7
Moreover (2] 109/19 110/13
neatly [1] 117/18
necessarily (1] 98/24
fl . '
Demse C. Philhps, CSR
-bl~-----··-- ------~---~-~----------~--------------------. ------- ----- -~---- ---- --------------~·----~ - - ------·--- --
n
.......
0 State v David Duane Greer
185/11
11114112 Vol 4
110/19126/20157/18164/10
12
46/4 48/14 49/9 50/17 5117 51/15
1-N------------lnowhere (I) 105/5 · 165/23 170/14 170/18 171/17 52/10 53/20 55/16 55/18 56/19
0-, need [I8) 7/6 8/21 17/1 54/24
84/16 84/19103/1 107/10 11118
number [9) 2115 23/2 23/16 36/22 171121 171/22
10119 102/8 102/9 141/20 141/23 officers' [I) 171120
116/9119/23141/21141/23160/8 numbered 121 1/1618617 official (5] 1/22I62/9186/4
57/21 61/23 62/23 72/21 78/3 78/5
80/4 82/19 99/2 106/1 108/15
110/17112/1112/4117/1117/5
173/25174/1174/2180/17 186/13186/17 118/1118/23118/25119/19
0
0 needed [8) 9/2510/23 87/25
96/25 97/8 113/23 121/5 142/19 o'clock [I] 185/13
neither [I] 8/13
never [12) 13/17 66/10 73/.6
oath [6) 76/15 112/12 154/10
175/22176113 176114
often [I) 20/22
oh (9) 73/22 98/11 129/2 147/25
11911912017121/19123/11
125/14 126/17 126/:24 127/5
149/25 150/1 172/15 180/9 182/2 128/23 133/11 135/18 135/19
okay~[285] ~ 141/3.143/12153/24.154/6155/8
108/13147/18 147121 148/2 object [7] 11/17 16/15 18/191917 once (IO) 31115 31118 34/23 34/23 158/14 159/6 160/25 161/21 162/2
0 170112170115 170/16173/6
177119
new[I] 55113
142/13142/21 161/9
objection [30) 8/15 11/2 15/16
54/25 84/17 84/18 85/11 143/12
177/2
15/2219/920/434/5 34/1034/19 one[63) 9/1710/241111816/18
163110164/12164/14164116
170/1917114 178/2 178/14 182/24
183/6183117183/19185/4
next (9) 43/21 78/8 95/15 99/11 48/21 48/22 54/9 54/10 80115 18/10 20/18 20/21 21/1 24/20 25/1 outlined [I] 99/21
0 114/5 134/9142/2 16617 180/22
NFL [1) 162/22
nice [3) I31/11 173118 184/24
85/24 85/25 86/25 90/5 9016 9017 28/8 28/9 30/1 30/6 32/23 38/4 outside [4) 16/17 19113 100/8
100/2 10711 107/13 129/6 143/24 38/6 39/2 39/2I 5115 51122 55/24 I66/I3
143/25 156/25 160/20 I60/21 56/2 63/3 63/19 72/21 89/19 92/I6 outstanding (5) 75/11 80/20
no (225) 160/23 99/17 10017 102112 103/22 106/I4 80/24 81/1 83/9
0 No. [4) 1/3 33/19 42/13 74/4
No. IO (1) 74/4
No.ll (1) 42/13
objections [3) 8/23 4117 9011
objections to [I) 90/1
107/5 107/9115/5 115/10 117/15 outweigh [2) 14/13 14/14
119/3 119/4 122/17 143/6 148/8
. objective [4) 178/12 178119180/4 I55/12 155/12 156/18 156/20
outweighed [I) 15/1
outweighs (I] 12/11
No. I2-03324-CRF-272 [I) 1/3 180/15 157/18 160/8 168/8 169/2 169115 over [38] 9/21 29/6 29/15 31/21
0 No.3 [I) 33/19
nobody (1) 34/24
nobody's [I] 104/25
observe [I] 145/18
observed [1) 141/8
obviously [8) 28110 55/5 76/2
169/16 171/21 175/13 176/19
176/20179/16 179/17 179/17
180/20 180/22 183/2
32/14 32/16 32/24 3617 43/13 46/8
58/2 71/10 74/25 75/6 85/3 102/2
102119 108/17 109/19 111/8 11317
Nods (5] 122/15 123/3 130/12 76/3 9411 102/13 129/3 137/2 one-page (1] 72/21 11417 114/24 117121 120/15 12111
131112 134/12 occasion (4) 10/16 28/22 29/18 ones (1) 38/6 - 126/12 127/4 152/2 155/11 160/8
0 Noise [I) 17/14
none [3) 98/15 165/18 178/24
nonsensical (1] 177/20
96/24 ongoing (1) 98/21 161123 166/6 171/9 178/23 179/13
occupants [4) 59/17 75/23 75/23 only [2I] 12/23 16/3 16/11 I6/13 184/1 184/11
75/24 18/IO I9/13 50/I4 68/9 77/I2 over-sized (1]. 7I/IO
Noon [I] 153/3 occur [1) 27/22 93/18 10112I I07/4 I08/5 I09/I2 overrule [1) 19/8
0 normally [2) 29/I4 I25/9
Nos [4) 41/5 41111 48/19 48/24
nose [1] 55/21
occurred [2] I3/I6 I8617
occurring (1) 20/13
110/4 110/22 I39/13 I64/20
165/16 179/20 179/Z.2
off(14) 8/12 9/9 46112 55/10 67/1 open [6) 44/21 54/3 75/19 81/6
overruled (3) 15/17 129/9 143/17
oversized [2). 91/18 118/18
own [3) 24/15 106/20 147/2
..
not [253) 67/I5 68/2 68/25 72/10 72/22 117/6 18617 owned [4) 85/16 85/20 86/16
0 /
.- noted [2) 22/19 29/10 103121 140/8 140/8 145/5
nothing [12) 35/8 63/2 95/13 99/6 Off-the-record [I) 9/9
133/24 149/12 149/14 149/19 offense [19) 12/25 13/16 14116
opened (1) 44/24
opening (3) 22/20 22/23 26/11
operating [1) 36/23
170/23
owner [3) 62/2 72/6 86/23
ownership (5] 137/19 138/4
156123 159121 16517 172/23 15114 16/6 20/13 25/14 66/24 opportunities [1] 63118 142/17146/5 172113
0 notice [5) 39/19 41/24 43/4 44/6
4617
noticed [1) 39/23
69/13 99/20 99/22 100/24 100/24 opportunity [4) 4114 60/14 62/13 owning [1] 147/5
120/10 120/23 139118 153/19
163/25 17113
160/18
opposed (2) 28/3 56/25
owns iii 2317 .
p
__ N~v~_m~_!:_l~]_ 1Q:!_3/~ 41]._JlJ. 61?__ !!_ffens!~HL 1~]0 2712J _________ !!P!!!!.l_!_Ul MtZ._ __ -~ __
0 7/2
19/17 19/20 22/12 22/20 25/23
offer [I2] 16/2 34/1 41/2 48117
now [118] 10/3 11/3'13/1216/20 53/24 89/25 90/199/13106/25
107/3 107114 143/22
orange [I) 1217
order[3) 14/11177/16184/14
original (I) 72/6
29/11 30/4 33/13 35/5 36/24 38/4 offered [11) 6/4 16/13 20/3 34/4 originally (2) 12/18 13/15
p.m [I] 79/25
packed [I] 117/18
packet (I] 20/24
packing [3) 12317 123113 124/1
40/17 41/17 41/24 43/1144/3 44/6 41/6 48/20 54/2 90/4 99/24 143/19 other (40) I0/1II2/16I5/9I8/20 page [6] 3/3 4/3 5/3 72/2I 153/14
0 44/15 44/15 45/13 45/23 46/3 4617 186/10
47/13 48/25 49/15 49/24 50/4 5119 offering (4) 16/10 17/20 18/12
52113 53/9 53/21 55115 56/2 56/13 19/25
2I/16 24/5 24/25 32/23 34/19
36/12 39/22 4117 46/11 53/21
184/1
paid (2] 186112 186112
60/24 60/25 6117 67/23 74/22 80/5 paid/will (1) 186/12
56117 57/25 58/8 59/5 59/22 61/2 office [22) 7/10 13/10 18/6 23/3 80/5 92/4 92/18 10617 110/5 pair [6) 4917 49113 49/15 51/16
0 61/11 61/21 62/25 64/8 65/1 6617 23/21 24/5 27/4 27/14 32/19 35/11 115/25 119/23 120/16 139/17
66117 66/23 68/16 68/19 68/24 51119 59/24 69119 78/21 78/22
69112 69/21 70/9 70/23 72/24 7411 79/6.80/1 8017 88/19 105/11
64/4 93/4
140/25 147/1 148/9 151122 159/6 pants [2) 43/1 145/6
159110 164/20 169/1 182/3 185/2 paragraphs [I) 21/15
74110 81/16 81/23 82/10 83/2 8317 157/14 157/16 186/6 ·parents [:i] 63/20 179/1
83/17 84/4 84/I6 85/2 85/14 86/12 officer [28] 9/23 9/24 10115 16/16 others (I) 38/25 parole (5) 11124 12/1 I2/25 20/20
LJ 87113 90/16 97/10 98/5 109/1
113/16116116116/20117/25
18119 19/2 20/20 28/5 6112161/25 otherwise (3) 2617 105/24 178/12 20/21
74/1474/1578/24791196/396/10 our[8) 9/I810/517/482/I690/8 part[4] 46/996/22104/15169/24
118/5 118/25 121/19 122/20 96112 102/12 102/14 I03/2 136115 100117 177/1 178110 partial [3) 46/23 68/6 70/14
0 123115 123/20 124/5 126/2 128/1 144/12 151115 173/3 173/15
129/21 134/313717 137/25 139/1 174/10 174/23 17511
141/4142/6143/21144/13144118 officer's [2) 69/24173111
145/4 145/21 14917 15116 152/11 officers [24) 18/20 23/25 24/9
ourselves [I] 66/5 participate (3) 28/22 37/5 88/15
out (94] 12/20 12/2013/18 15/18 participated [I] 3717
18/518/619/22111122/3 22/5 particular[28) 9/141112212/16
23/3 23/25 24/1 2417 25/13 29114 12/24 14/16 29/18 30/6 64/20 65/5
0 15317 153122162/21 169/4 170117 24113 24117 30/3 33/6 35/13 36112 29/19 30/19 33/6 37/3 39/12 40110 66/4 67/6 68/9 69/9 70/3 83/22
171117172/217217176/13178116 46/1174/22100/25104/2110/4 40/1440/2142/242/445/1045/20 88/488/989/994/2095/9101/6
_Q ~~- ______ ____ -~~---~-~------~~------~--- __D~en~Is~e~c__~Ph~i~_ips_,~~~--------~ -~----~-~~--~-----~-----------------~ ________ __
13
State v David Duane Greer 11114/12 Vol 4
173/17 182/20 175/8 175/10 175114 175115 176/7 181118
1-p-----------ipictures (5) 25/3 60/15 60/16 175/16 probation [7) 120/10 120/18
particular... [7] 105/4 109/21 92/23 171/19 possessing (1) 164/6 121/11 121115 122/3 138/13
130110 147/16 148/20 156/7 piece (5) 67/5 70/4 149/18 169114 possession [19) 9/20 25/13 25/21 170/19
163116 180/20 86/24 87/4 87/8 99/18 120/5 164/5 probative [8) 12111 13/25 14/12
parties (7) 7/23 8/18/234/12 pieces (6) 37117 46/23105/25 167/2170/1170/5177/17177/17 1411414/1514/2515/215/7
0 99115 186/6186/10
partners (1) 79115
pass (22) 57/8 73/12 74/7 76/6
165/11 180/23 182/17
pile (1) 117/15
pin (1) 55/8
177/18 179/8 179/10 179/17 184/4
possibilities [1) 124/22
possibility [6) 21/14 115/12
probative/prejudice (1) 13/25
problem [7) 8/20 12/2 56/7 59119
101/7 173/16 175/11
76/7 87110_91/20 92/19 95/12 pistoL(22)_25/7 25/22 40/2141/6 _ 121116124/13 140/23.141/1 problems (1) 36/.7
97111 99/5 122/23 137/8 141/12 41/17 45/17 48/9 50/14 64/23 66/8 possible [15) 59/11 60/24 61/1 Procedurally [1) 36/17
D 147113 150/22 151118 155/24
156/22159/14 159/20184/10
passenger (7) 23119 37/1 37/12
66/9 66/14 69/4 94/20 94/25 95/2 65/18 65/21 66/25 67114 67/19
115/18116/18116/20116/22
117/4 179113
70113 92/4 9811140121 174/11
175/13 179/25
procedure [3) 35/6105/3 106118
proceed [2) 121/25168/2
proceedings [5) 1/15 1/18 143116
43/12 43/18 63/12 164/16 pistols [2) 94/14 94/19 potential (3] 59/18 67/8 67/23 186/6 186/9
0 passenger's [4) 44/19 44/21 156/7 place [5] 12/3 23/5 64/19 114/13 potentially [7) 67/5 67/7 68110
158/5
past[5] 103/11 109/18 110116
162110
placed (11] 13116 63/16 112/11
69/23 70/13 101110 117/6
powder [1] 46/8
process [2) 20/24 46/9
prohibitive [1] 14/9
pronounce [1) 96/5
119/22124121 113/10113/14114/2121/11 power [1) 37/17 proof(7] 109/23169/5 169/21
0 patrol [16] 28/3 29116 30/2 31/20 140/22 141/4 162/8 170/20
31/22 71/4 71/8 84/10 90/25 91/1 places (1] 32/15
138/24 141/5 144/12 145/25 plan [1] 19/25
precisely [5) 60/20 60/22 105/8
116/21117/4
prefers [1] 103/22
173/2 177/25 178/3 178/17
proper (4] 52/8 95/4100/20
184114
151/12170/21 planned [1] 117/17 prejudice [2] 12/11 13/25 properly [1] 95/3
0 pause [3] 9/3 12611 162/1
peace [2] 78/24 79/1
pending [6] 12/25 103/8 121/4
play (4] 118/16 163/8 168/16
178/4
prejudicial [5] 12/4 14/2 14/13
15/2 15/8
playing [6] 144/10 146/13 146117 preparation [1) 186/11
property [6] 24/14 24/15 35/7
35/19 36/13 115/9
pros [2] 20/12 77/2
121/5 121/20149/5 151/10151/17 178/17 prepare [1] 57/17 prosecute [1) 177116
0 penitentiary [1] 20/24
people [11] 24/15 24/15 29/15
3Jil7 47/4 110/10 16311 175/25
176/1917817178/8
plea (3] 7/21 22/18 121121
plead (1] 22115
please [11] 26/25 29/4 96/2
157112168/21 176/20 177/6
prepared (2) 89/19 160/8
preponderance [1] 169/6
presence [4] 16/17 19/13 50/20
100/8
prosecuted [1] 13117
Prosecution [1] 57/25
prosecutor [13] 8/16 60/5 61/12
64/2 66/7 68/19 69/3 90114118116
percent [6] 25/25 169/7 171/1 183/12 183/24 184/2 184/11 present (4] 36/5 77/24 141/8 147/17 147/22150/10 163/5
0 171/14175/17 179/24
perception [1] 176/24
pocket [10] 25/8 40/2 41/23 41/25 157/18
42/5 48/8 48/8 49/15 130/10
performed [3] 72/10 74118 74/20 164/22
presentation [2) 100115 160/7
presented [2] 22/14 91/3
Prosecutor's [1] 71/16
prosecutors (1] 168/14
prostitution (1] 122/13
period [1) 70/19 pockets [5) 25/6 39/25 40/1 45/11 preserve [1] 35/7 protect [4] 36114 36/14 172/5
0 Permission [1] 34/8
person [28) 20/21 29/1 63/13
68/14 71/18 71/21 87/25 88/1
47/19 preserved [1) 69/25
point [38] 10/13 13/22 21117 29/4 preserving [1) 70/20
30/4 33/9 38/4 39/2 43/16 44/16 Presiding [1] 1/17
180/16
protection [4] 116111 140/10
142/19 148/21
101/8 101/10101/19 108/4 108/6 45/9 56119 57/9 58/15 58/21 73/24 presumptive [1) 110/8 protects [2] 24113 24/14
0 109/4 109116 109/16 109/18 110/8 85/2 89/24 90/2 98/13 98/14 99/12 presumptively [4) 108/25 109/14
111/12111115111119111/21
111122118/11 149/15 149/23
100/17113/21120/23123/25
124/2 132/23 133/21 134/19
110/9110/14
pretext (1] 106/18
protruded (1] 65/2
prove[8] 20/1820/19142/22
163/6 168/22 168/23 175/15
163/5 177/19 135/17 140121141114 142113 pret!)' (13) 9/1_? 72/1f!___ 791_1U2L9_ __172{)] __ _ _
0 perso-n's[l]35/7 --- ---- --- 1"437i8-14Sil7Ii5ti8i76i14- -- i"i6i3-fl7/SI24f7145/9145/14
personal [5) 65/25 74/21 74/24
88/8 166112
personally [3] 66/16 8113 8115
pointed [3] 33/7 55/11 109/20
points [2] 21/5 2118
poking (1] 42/4
149/3 15116 152/25 158/15
prevent [1] 90/8
previously (10] 34/2 34/10 41/3
proven (2) 103111109/18
proves [1] 166/1
provide [1] 92/3
provided [1] 34/2
g persons [1] 76/4
petite [2] 38117 118/11
Petraeus [I] 178/16
police (13] 28/5 31/23 32/11 92/7 110115 112/11 143/19 144/3
113/7126/20 128/15 131/4 138/17 154/13 173/8
142/24I64/10 170/18174/22 primarily (4] 59/15 60/10 60/11
public (1] 24/7
publish [2] 34/8 42/16
published (1] 42/20
Phillips [3] 1/22 186/4 186/16 179/4 63/19 publishing [1) 34/13
phone [3] 80/10 1011914I/23 policies (1] 37/1 primary (2] 106/9 106/10 pull [12] 29/15 31/20 32/14 55/4
0 photo [2] 65/12 172/3
photograph [8] 6/7 617 6/8 6/8
6/9 6/9 48/9 48/9
policy [17] 6/13 24/5 24/8 35/12 print [7] 717 8/25 21/8 69/9 70/6
35/17 59/24 60/2 88/19 104/6
105/2 105/11 106117 106/20
70/14 70/14
printed [3] 70/10 70/11 153113
55112 102119 106/1 108117 111/8
152/9 159/6 164/11
pulled [21] 32/15 40/10 40/14
photographing [1) 48/14 106/25 I07/7 107/21 111/4 priiitirig (l] 69/12 46/21 45/9 45/:20 53/20 58/2 74/24
0 photographs[3] 24/1948/19
48/25
physical [I] 85119
polled [1] 184/7
ponytail [1] 29/7
poor (1] 105/19
prints [6] 47/247/947/1169/5
69/8 69/24
prior (14] 20/13 20114 25/17
102/2113/7114/7114/24117/21
120/14 121/1 126/12 127/4 159/2
159/2 171/9
picl{ [6] 25/435/9 39/17 84/12 popped [I] 164113 32/16 60/4 60/17 88/7 88/13 88/14 pulling [3] 32/24 32/24 58/23
0 105116180/20
picking [2) 105/17 175/23
portion [1] 14/7
picked (4] 36/6 39/19 127/1 168/9 portions (2] 143/20 186/5
position (2] 52/9 55/6
pickup [5] 23/7 23/8 3111 37/12 possess [2] 52/19 170/2
93/1193/13 99118129/15 151/7
priors (1] 7/21
probable [3] 109/24 109/25 169/6
probably [15) 7/10 26/2 26/5
pulls (1] 23/22
purchased [I] 174/7
purpose [9] 16/9 17/13 31/21
61/12 104/3 105/10 178111 178119
0 48/10
picture (5] 94/4 105/8 172/6
possessed [11] 167/5 167/8
170/12 170/13 170115 173/10
29/22 29/23 29/25 30/1 65/7 13311
140/23 150/10152/15 170/22
180/15
purposes (16] 16/2 16110 16/13
0~----- ___________________________:>en~=·-~hillips~-=SR _____________________
0
0 p
State v David Duane Greer
126/16 126123 127/5 128/21
11/14112 Vol 4
reliable (16) 92/1 101112 102/22 revoke (2] 121/5 121117
14
128/23 131/3 148/25 149/15 17317 102/24 103/3 103/7 103/12 108/6 revoked (3] 120/19 121/2 12211
D-~
!
purposes ... [13] 18113 18114
1811519/1220/133/18401740/18
48/5 51/10 99/14 109/10 143/21
178111 178/17 178/19 180/4 180/8
180/9 180/10
reasonable [25] 110/3 110/4
108125 109/14 109/18 110/9
110/14 110/16 111/16 111117
relive (1] 119/22
revolver [4] 40/2 54/23 115/22
115123
revolvers [1] 95/2
purse [2] 24/22 38/19 110/18 110122 110/25 11117 rely [1] 106/10 rewind [2] 144/20 145/12
0 pursuant (4] 24/4 34114 111/3
143/19
purview [1] 8711
put [241 -7/-14 -12/'7 34/14 4211 · -
165/14 167/8 168/22 168/24 169/5
16919 169/16 169/22 173/11 174/6
174/17175/18176/1 176/11178/1
1"78/1178/6·180/11·182/6- ·
relying [21 10917 10919
remain [1] 184/23
remains [1] 106/4
remember [41] 8/5·8/6 3 7/17
Ricardo (5] 5114 5116 78/12 78/17
144/2
Rick [10] 44/11 78/9 131/6 131/7
132114 135/24 136/5 142/9 166/21
0 46/4 50116 51/4 51/11 52/1 55/6
106/2114/22116/21117/4118/3
12617 126/20 130/10 140/6 140/14
165/22171114 180123 182/15
reasons [3] 106/7 106/14 172/4
rebuttal [31 4/10 142/6 152/14
recall [12] 76/8 76/10 91112
116/21 117/5 141122 142/9 154/9
37/21 60/20 75/17 75/20 82/10
82/13 82/21 84/11 124/1 7 124/22
124/24 125/2 125/11 125/12
125/13 125/19 125/20 126/19
181120
ride (31 126117 136116 136/19
riding [1] 58/1
rifle [20] 49/23 50/13 50/16 5115
putting [11 180/19 156/3 158/20171/14 171/24 129123 131/15 131119 132/19 55/15 56/3 64/10 64/15 64/19
0 puzzle [4) 180/20180/20 182/16
182118
received (8] 75/8 80/10 8116
86/22 87/13 88/3 10113 184/14
receiving [21 8817 109/4
134/16 136/16 136/16 136/21
139/8 140/18 140/19 140/20
156/12 165/12 165/15 166/13
65125 94/4 94/5 94110 94/13 94/17
95/1 105/9156/19173/15 173/17
right (247]
Q recently [2] 6217 118/22 168/13 168/21171112 175/25 right-hand (1] 25/8
0 quadruple [II 19/6
quality [1] 7017
quarterback [1] 162/22
recess [31 76/14 153/3'185/16
recognize [11] 31/3 3115 40/8
40/19 48/6 51112 96/18 115/5
remove [3] 24/1 35/10 159/10
removes [1] 21114
Rene [3] 5/13 112/15 112/21
rights [3] 83/15 83/15 83119
rip [1] 41125
ripped [1] 42/7
question [18] 30/13 42/12 46/25 115/8 115/19 144/12 rephrase [1) 84/17 ripping [1] 37/3
0 9117 91/8 98/9 11111 126/22
129/10 13P/20 135/6 149/17
149/21178/8 178/24 179/3 179/16
18117
recognized [1] 23/14
recollection [1] 133/2
record [20) 1/1 7115 7/18 7/25 8/4
replace (1] 12/6
replacement [1] 36/8
report [11] 9/15 57/17 61/12
rise [1] 183/24
road [3] 24/4 35/5 181122
roadside [2] 135/18 181115
roadway [1] 31120
919 1116 16/2 16/10 16/13 18114 61/13 61123 62/5 62/6 89/13 97/17
roll [1 I 145/14
0 questions [7] 20/7 90/14 92/20
119/23 141114 146/4151119
quick [61 7/15 80/21 92/20 145/9
153/8 154/4
29/8 34/15 108/19 110111 112120
122/9 186/7 186/9 186/11
recorded [4] 97/14 97/15 146/2
151/13
97/18 97/25
reported [21 1/18 186/8
reporter [61 1/22 92/25 123/4
130/13 186/4 186/17
rolling [1] 145/13
roof(!] 45/18
room [61 100/10 162/10 167/7
quicker [11 20/23 REPORTER'S [41 1/1 18617 177/3 183/12 184123.
0
recording [41 33/21 126/3 126/4
quite [21 20/22 57/3 168/16 186/9 186/11 rotate [6] 51/8 52/8 55/13 55/21
quote [1] 125/20 records [4] 71117 72/17 75/10 reporting (11 17717 55/22 64/24
JquotilllLlll 12417 97/22 represent [1] 9/16 rotates [1 I 55/6
0\ R
R-1-C-A-R-D-0 (11 78/18
raise [2] 20/8 22/8
recover (21 39/2 159/3
recovered [1 I 159/5
RECROSS [2] 74/8 9311
RECROSS-EXAMINATION [21
represented [21 7/19 8/1
request [21 69/18 183/15
requested [1] 186/6
required [3) 109/19 109/23 110/2
rotation [1] 95/4
round [4] 50/14 50115 5519 55/13
rounds [21 52/5 54/6
rule [2) 104/6 176/1
range [1) 178/4 74/8 93/1 requires [1) 162/4 rules [25] 9/25 10/1 10/2 10/8
0' Ranger [91 3111 37/12 84/6 84/8
85/8 144122 166/11 166112 166/14
rape (21 116113 148/25
raped [2J_H0/5_173/9 _ _ _ __
recuse [1] 8/13
red [2] 82/25 128/9
redacted (1] 143/21
Reserve [1] 26/12
residue [1] 46/10
respective [1 I 186/10
10/20 10/23 11120 11121 12/1
13/10 14/9 14/22 97/1 97/8 97/10
98/10 98/16 98/18 98/18 167/19
redirect [6]--73/-13 9lf2.1 137/9 -- responded-[!} 9/24- - --~·
-167/20 -167/2H76/25-1 77/1-1 7"7/l
-D - reach (2] 45/14 104/14
reached (11 183/22
· reaching [1] 104/16
143113 150123 182/2
refer [1] 132/8
reference [2] 89/8 155111
response [10) 10/1 10/22 86/19
9ll4 97/3 9717 97/9 I 08/18 113/24
14617
run [3) 7/10 10117 174/5
running [2] 15/22 175/12
RYAN (5] 2/4 163/14 165/15
read [71 9/15 99/19 160/9 162/4 referenced (1 I 109122 responsibility (3) 166/22 172/14 166/5 167117
162/5 162/7 184/2
0 s
referencing [2) 11125 10717 173/12
reading [II 22/12 referring (21 15/12 137/17 rest [7] 3917 39/12 74/11 100/3
ready (131 15/18 15/1915/25 17/1 reflect [2] 7/25 29/9 126/8 142/3 160/3 S-H [1] 95/18
22/3 53/17 78/2 112/1 153/23 reflects [1] 186/9 rested [41 100/5 100/14 142/4 sadly [11 166/3
153/24 160113 160/25 183/17 refresh [1) 168/16 160/4 safe (21 94/21 98/8
0 real (181 7115 46/17 80/21 98/14
106/2210812134/21 135/1 135/2
168/9 169/25 170119 183/3 183/4
refused [2] 9/24 13/9
regard [1] 38/18
regarding [11 34/13
rests [11 100/4
result [21 72/9 174/6
resulted (1] 7/20
safekeeping (1] 45/18
safety [1] 117/23
said [761 8!12 17/21 18/20 28/5
18314 183/4 I83/4-184/24 regards [6] 18/20 20/16 46/20 resulting [1] 11113 29/11 33/5 34/24 49/25 49/25 50/4
0 realize [2) 25/5 177/11
realized (11 7/21
really [19] 15/12 59/11 65115
65/16 72/20 75/20 82/4 101117
51/3 52/13 59/25
registered [31 ~2/25 179/J.~
reinstate [11 121/6
resume (1] 151122
retire [1) 183/12
retired [6) 76/13 100/12 151125
5114 55115 56/13 56/23 73/9 73/19
74/3 80/11 83/17 85/15 86113
86120 90/16 91/2 93/12 93/20
related [1] 6317 160112 183/14 185/12 97/21 11111 111/12111/16113/20
0 104/8 105/17124117 127111
133/11 133/13 134/10 169123
177114 179/8 180/6
·realm [1] 178/17
relationship [8) 31/10 31111
92/14 92/18 113/1 113/3 131/9
135/11
retrieved [1] 156/18
review [31 97/19 103/6 160/18
reviewed [51 33/19 62/5 103/19
115112116/23119/12121/4123/6
123/8 123/25 124/1 124/8 124/18
126/6 126/10 128/22 132/4 132/8
133/18 136/9 136/11 136112 14111
released (2] 185/8 185/12 150/10 150113
0
reason [24] 18110 53/2 59/15 relevance [1] 11118 revisits [1] 173/1 142/16 143/11 143/13 146/8 146/9
62/25 68/8 104/ I 106/6 I 06/8 relevant [2] 17/9 17/9 revocation [2] 12/25 13/2 146/11 147/8 147/21 148/2148/6
. . .
Q . _____ __
_, ------------------------~~--
Demse C. Phillips, CSR
-----~-----------~-~-----~------ ----------------------------------------
0
0 State v David Duane Greer 11114112 Vol 4
147/10 147/18 147/21 148/2 148/4 158/5 161/12 169/1 170/9 170/9
15
s seat [14) 2217 23119 26/17 42/10
43/18 56111 78/11 95/20 126/21 148/6 148/8 148/8 148/11 148/11 181/21 184/6 184/16
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(
said ... [15] 148/8 155/2 163/10 156/6 15617 157/5 164/12 166/20 148/15 148119 148119 148/20
165/4 165/4166117 170115 170116 seated [10) 22/6 78/6 7817 112/5
17111 172/14 173/15 173/25
148/20 148/24 149/9 149/11
112/6154/7 154/8 161/22 183/20 149/12 149/19 149/20 149/24
sides (2) 160/4 161111
sigh [6) 91115 149/10 149/12
149/16 15017 172/22
175/25 177115 182/4 183/21 149/25 150/4 150/5 150/17 150/18 sighed [1) 150/4
0 Sam [2) 136/15 166/20
same.[25] 20/20 35/21 40/13
40/13 40/24 40/24 49113 51114
seats [5) 37/3 37/22 37/23 3917
96117
second [3) 54/16 150/25 162/21
164/18 166/17 166/17 166/18
166/18 170/13 170/14 170/14
sighing [1) 91113
sighs [2) 149/25 172/21
170/17 170/25 170/25 17111 171/3 sight [1) 119/19
51/22 52/22 531-19-53/20-94/22 seconds-[1) 7/7 --171/5 17"1/5 i71/7--H1/10 1-71/11 - sign [4) 62/22 -103/2-l 150/15
0 99/17 114123 116/2 154116 156/9 secure [4) 35/10 59/16 59/16
161/19161/20 163/5 167/22 171/3 59/16
174/3 176/25
sample [2] 67/16 67/20
secured [1) 43/16
171/11171112171112171/13
171114 171115 172/8 172/14
I 72117 172/21 172/21 172/21
172/22 172/22 172/23 172/23
177/4
signature [3) 62/16 62/20 89116
signatures [1) 62/14
signed [3] 19/24 61125 99/15
security [1] 17717
0 sat [1) 173/25
satin [1] 128/9
satiny [I] 18217
satisfied [2] 176/2 176110
see [42] 18/5 21/6 21/15 23/8 172/25 173/1 17317 173/8 173/8 significant [1) 127/19
23/24 24/19 25/3 27/20 29/2 30/20 173/9 173/9 173/10 173113 17417 silly [2] 30113 42/12
31/6 31/23 33/22 42/22 45/5 46/12 174/15 174/15 176/4 180/8 181114 simple [1] 182/19
47119 55/3 55/19 58/10 58/20 181120 181/24 182/2 182/3 182/4 simpler [1] 20/23
saved [1] 9/5 65117 68/3 71/4 72/6 75/23 76/3 182/7 182/10 182/11 182/14 183/2 simply [4] 109/15 171124 174/19
0 saw [20] 21/7 23/13 31119 45/13 79/19 81/5 82/4 8517 103/6 108/16 183/3 183/6 17617
46/4 71/6 85/11 116/2 158/4 158/4 124/15 135/8 145/13 150/2 153/2 she's [21] 25/25 38/17 44/6 84/3 since [5] 13/23 27/6 27/9 2817
159/3 164/8 164/11 164111 164/14 159/9 165/18 169/14 175/14 142/16 143/1 144/18 144/19 92/15
164116165/2 166/15 166/19182/9 seeing [1] 44/17 148/23 170/16 170/19 170/20 single [3] 51/15 81117 170110
D say [61) 13/24 26/6 31122 38/13 seemed [1] 39/21
38/21 43/20 6017 63/8 64/24 65/13 seems [1) 37117
66/21 7017 71114 72/3 74112 75118 seen [8) 49/3 58/16 63114 63/23
170/20 170/20 172/12 173/12 sir [344]
173/13 176/3 180/16 181/6 181/25 sit [2] 55/3 161/23
sheet [7) 57/19 57/20 57/22 8917 sitting [7] 24/4 2417 29/6 35/4
86/4 88/20 9817 98/8 98/19 98/20 100/25 119/7 181125 182/13 89/19 173/21 173/21 96/17 131/16.144/21
0 98/23 98/24 I 03/2 106/14 116/4 seize [1) 52/14
116117 117123 120122 121117
125/4 130/4 130/9 130113 132/6
seized [1) 69/22
selection [2) 25/17 177/5
134/13 137122 138/6 139/17 141/6 self [3] 70/20 140/2 140/4
sheets [1) 156/20 situation [2) 77/24 117117
shell [14) 64/3 64112 64/19 65/8 situations [1) 63/6
65/13 65/19 66/4 66/I5 93/3 93/I8 six [1) 29/23
93/24 I 05/9 I73/5 173/I4 size [11] 56/4 57/1 57/2 64/6
0 143/5 146/20 I47/4 147/10 148/8 Self-defense [2] 140/2 140/4
148/11 148112 I48/20 149/16
154/1164/17 168/13 168/14
172/17 174/25 175/3 176/11
self-preserving [1) 70/20
send [2) 67115 167/18
sense [10) 21/17 97/20 121/22
shells [5) 66/9 68/20 68/24 70/10 64/17 65/9 70/24 93/4 10517
9519
Sheriff's [22] 18/6 23/3 23/16
166/13 17113
size-wise [1] 64/17
23/21 24/5 27/4 27/I4 32/19 35/11 sized [2) 37/20 71110
177/16 180121 183/6 149123 168119 176/I7 177/1 177/6 44/I3 5II19 59/23 78/2I 78/22 slight (1] 8/5
0 saying [I9) 11/1017/7 36/24 73/7 178/5 178110
98/13 123/21 I24/11 124/12 12511 sent (7) 67/1 68/2 68/25 72/10
125/6 12517 125/8 125/9 125110 72/22 122/1 179/4
79/6 88/I8 96/4 96/10 105/11
136/15 157/14 157/16
shirt (3) 2917 82/25 145/6
slump [1) I62/23
small [9) 15/7 37/11 37/21 37/22
37/23 38/15 40/2 108/9 118/11
125/21 133/5 I42/25 170111 sentence (2] 20/24 21/11 shock [1]182/24 smudged [1) 70/6
0 174/20
150/17150/18 178/22 181/10
separate (2] 16/17156/15
says [IO] 26/2 105/6 149/9 149/24 separately (I] 57118
sequestration (1] 77/24
shocker [1] 170/19
shocking [1) 175/2
shook [1] 86/9
snap [1) 5517
sold [1] 72/18
sole (2) 13/1 18/3
D- - _ J8!1J4Is2a5 ___ ~ __
SBOT [3) 2/4 2/5 2/I 0
scared (2) 133/13 138/9
. _Sergeant .(1]_84/9 _ _ - ··-- _ shoot-(2]-.531L7-178/l __ __ __ _ -- some-(51)-10/1 1-15/13 I6/I7 2017- .
serious [1] 149/3
serve [2) 23/4 29/19
short (13] 50/15 50/15 5114 53/13 20/25 23/I7 23/I7 24/22 24/23
54/6 58/5 64/9 64/14 76/14 94/1 24/24 28/23 28/23 30/4 33/8 3617
scenario [2] 109/21 125/11 set (2) 44/23 168/4 94/8 94/12 94/13 38/7 38/2I 38/22 44/23 4617 46/10
scene [9] 59116 66/24 143/10 setting [I] 45/17 shorter [3) 50/I6 65/6 94/I 0 48/25 50/1 55/19 60/24 67/11
D 143/11 145/9 I45117 146/19
157123 165/6
scenes [2) 66/I8 174/10
SEAL [I) 186/13
seven [4] 161113 161/14 167/24
172116
several (2] 29/21 134/3
sexual [I] 116110
shorts (2) 68/20 94/19
shot (I) 166/5
73/24 80/4 80/5 80/5 85/2 89/11
90/14 91/14 94119113123114110
should [9) 35/I2 77/24 90/8 92/24 1I8/3 1I8/I6 120/20 120/22
95/17 I26/15 168/11 168/25 124/20 140121 142/5 145/6 148117
0
search (51) 6/I3 16/8 16/25 17/24 shadow [12] 165/16 178/2 178/18 I69/22 I50/5 I50/5 152/21 I70/6178/23
25/5 36112 36118 36/25 37/6 39116 178/25 179112 179119 179/21 shouldn't [4) I6/14 I7/17 126/25 somebody (5) 14/21 23/9 91/7
59/5 59/8 59/23 60/18 84/22 84/24 179/25 180/12 180113 182/8 167/12 140/5 177/16
85/4 88115103/10 103/13 103/16 182112 sbow_(2J) 2617 33/17 36/5 4016 somebody's [1] 35/13
Hi3/l8 103/23_ 103ii3 i 04/J 104/8 Shakes (I] 122/21 40117 46/2 46/3 48/4 5119 53/9 somehow [1) 177/2
[J 104116 104/20 105/2 105/12
105113 105115 105117 105/19
she [137] 24/22 26/2 38/19 43117 55/1 56/2 82/19 93/22 115/4
5717 71/3 71/4 71/6 71110 71111
someone [5) I4/19 63/11 80/14
150125 155/6 158/21 I65/9 165110 81/16 12917
105121 105123 106/2 106/5 106/7 73/16 82/25 84/2 85/23 86/7 86113 166/3 something [28) 7/I4 10/17 19/18
106/9 106114 I 06/15 I 06119 90/16 90/24 9111 91/2 9116 91/14 showed (4] 57/5 68/21 91/3 21/20 24/13 33/5 42/1 46/22 47/18
0 107123 107/24 107/25 108/1
109122 109123 111/3 158/2
searched [I] 35/22
searches [I) I0417
91114 91/17 92/10 92/12 92/15
93112 141/16 142114 142/16
142117 142/19 142/20 142/23
164/10
shown [2] 49119 16717
shows [2) 133/4 172/20
59/12 63/20 80/6 85/4 93/19
106/11 117/2 11717 117/9 132/4
135/10 149/11 150/1 150/6 171/13
143/2 143/3 143/6 143/8 143/9 sic [I) 12115 I73/13 175/2 176/24 178/13
0 searching [2) 30119 60/4
seasoned [I) 173/3
143/10 143112 143112 143/13 side [I7] 8/12 8/14 39/21 43112
146/20 147/4 147/8 147/8 147110 44/19 44/23 75/25 77/3 103/25
sometime [I] 12/19
sometimes [6) 68/6 69/8 69/8
D~- -- ------------
..
Demse C. Phillips, CSR
[J
\
0 s
State v David Duane Greer
stated [3] 97/24 170/1 170/13
11/14112 Vol 4
such [6] 11119 21110 37/18 100/19 177/5 177/25 179/8
16
statement [12] 10/6 10/24 11/11 117/3 122/6 talking [28] 12114 12/24 13/21
0 sometimes... [3] 98/23 176/21
176/24
Somewhat [I] 129/17
11/20 12112 22/23 26/11 86/2
101/12 102/23 111/16 170/11
statements [I] 22/20
sufficient [3] 103112 103/20
109/24
Suite [2] 1123 2/6 ·
15/13 18/19 30114 35/24 36/13
44/9 46/24 73/23 85/2 85/9 85/21
86/22 109/25 11 011 II 0/2 124/21
n
somewhere [3] 8417 84119 10119 states [3] 106/17 16317 167115 supervising [1] 96/22 125/13 126/22 143/9 163/13
sophomore Ill 162/23 stating [1] 164/24 supervision [2] 20/16 25/18 163/i4 169/23 171123 181/6
sorry [3] 9/4 81/21 147/25 statute [1] 99/22 support [2] 106/13 110/24 181111
sort [4] 60/67113 103/25 119/14 stay [3] 118/13 119/17 184/22 supports [1] 108/20 tamper [2] 59/12 104110
so_und_[l] .181/7. . stayed.[1] __ 1!9!l't . supp/T.l uniformed [1]· 30/3 ,5 8/-1~8tb-58-/6-5,gjr2@ r6-Vlk62f2 - 21121 26/3 28/192.9/23 49/5 5119
4"5t1·0-4*1-4-4-St-1-H&#.i·47f·~ unit [2] 27115 58/12 .&2.J-2-j-6iJ-&6Si·l"S~L:/~4-1S/-3-7.51-lO· 56/22 59/15 61114 62111 62/12
-~52.J-2.:t;..56MootGc6-ff!'~t9>- United [2] 16317 167115 ff:S-fJ:-5-75-/-~l-3--8-lfto-817T7 69/24 69/25 74/1 74/2 76/23 77119
w~i-'==rr47T9114723- units [4] 30/2 31120 31122 74/11 -8N2.Q-82:~4:19·8¥Hl-84/J-2 83/18 96/16 96/20 98118 98/19
'"mm-r29t&H+Fr1·s-1"1~I-3-3.f.rr 'ilrtlawful [1] 184/4 E4t'1"6847T8'84RQ.8-1/H 88/4 117/1 117/9 117112 119/22 121/24
L4.1/6-14-7/-I-!+5-41z:3:'1 ~/6 unless [1] 17511 '8-&-JffrS9"/~efM.rJ.0·1-/HOT/6. 124/14 127111132/18 135/8:·136/2
;~917 ci·6~12.1-1-7-9.L2-J...7.9ri 181 I 1 unlikely [1] 70/5 .J.O·U2:0:':.rD2/2:1.02/6J.02/J,_l04/4 138/15 139/16 140/6 142/6 152/8
~ unmarked [3] 23/21 32/1 3217 rl'el5/4··t 08/9"f68TI'4:o1;08/-f'7-ttfit6- 16115 161112 166/22 16817 168/18
172/13 172113 176/4 176/5 176/6
true [10] 104/8 105/23 169/8 unnamed [1) 103110 Hi'l"troTIO'/Yv-t·Wf-I-9-111/8
169112 175/19 180/8 182/8 182/13 until (3] 12118 121120 145/17 r+-J..l.R-4-l-l.J/-7-J.30/l'1--1-3-7/.YT5-tfl-2. 178/14 184/18185/9
183/2 186/5 up [100] 7110 8/10 9/10 9/24 11/3 --J-5-t/·1:6-J.591+~1.$.9/-2· l6;4t2-1'64/ 14 wanted [7] 7/25 8114 11/3 104/19
truly [1] 186/9 16/16 21/20 24/14 25/4 27/21 1-641171667TOI:66/-20_17 tH- 116/25 116/25 14112
trunk [1] 37/2 32/24 32/25 35/10 36/6 37/13 38/4 m~SLU--1.18/.2_4_ wanting [1] 119/12
trust [2] 138/16 14211 39/17 39/20 44/23 45/4 45/6 45/14 I 'Hlfl5-PlW4-H9t6-I-79/1"4--Q2120. ~ants (2] 8/12 107/13
truth [7] 101/11 132/5 13217 45/21 46/15 48/8 49112 49/24 1-~2 WARD [7] 2/5 78/15 91122 144/5
143/3 175/24 178/14180117 51/18 51/20 55/13 55/23 6113 63/2 vehicles [9] 23/16 29/24 32/6 150/24 162116162/17
truthful [6] 92/1 138/5 142/23 65/16 66/20 71/4 75/21 80/5 84112 32/18 32/19 32/23 33/23 35/22 Ware [7] 5/21 80/2 81/19 81/20
170/14170/17 171121 85/6 8517 85/18 90/24 92/24 95/4 88/23 157/3 15717 157/13
truthfully (1) 108/5 102/1113/22114/8115/16116/17 veracity (1] 101111 warm [2] 118/13 171/2
try [8] 26/6 27/22 46/11 52/1 116/25 118/14 121/9 123/13 verbal [1] 91115 warning [1] 161112
64/19 66/4 121/9 127/3 123/19 124/1 124/8 124112 124/12 verdict [7] 153/12 153/21 183/22 warnings [1] 16113
trying [2] 98/11 168/4 124113 124/24 125/3 125/20 126/6 184/1 184/2 184/10 184113 warrant [25] 6/5 6/5 11/25 12/20
tuck (1] 118/14 126110 127/1 130/3 130/4 130/5 version [1 J 162/9 13/5 13/5 13/17 1711 17/2 19/2
turn (1] 23/15 130/9 130/11 131115 139/9 140/24 very [17] 9/6 12111 38114 38/17 33/6 59/5 75/5 I 03110 I 03113
turned [1] 32112 141/21 142/22 145/13 149/1 14917 54/21 80/23 82/2 I 08/23 11112 103/16 103/19 103/23 103/23
turns [1] 24/14 151/23 152/9 162/18 165/11 143/10 143/11 154/4 182/11 108/1 109/22 109/24 120/14
turpitude [3] 77/8 119/25 122112 165113 166/5 166/15 167/6 16717 182/19 182/20 18517 185/11 121/19 138/11
TV [3] 27/20 46/15 166/8 167/13 168/4 171/13 174/15 veteran [1 J 173/3 warrants [33] 16/4 16113 16/24
twice [2] 50/21 16118 174/16174/23 175/15 176/20 victim [7] 59/6 84/2 84/3 92/8 17/4 17/8 17/12 17/2018/4 1817
tWiddle [1] 161124 178/21 17917 180/20 182/2 92/16 139/11 148/24 18/22 18/25 22/25 23/4 23/5 23/11
two [29] 1817 21116 28/8 28/9 upon [6] 17/23 17/24100/24 video [37] 6/6 6/6 23/24 33/19 23/12 23/25 24/3 28/23 29119
5615 96/17 101/18 104/2 105/25 102/6 I 04116 182/23 34/4 36/9 42/20 43/10 43/22 57/5 31121 33/11 75/4 75/10 75/11
106/2 110110 113/2113/4 113/5 upset [6] 98/6 98/9 98/23 119/21 58/16 7116 98/2 98/3 118/15 80/24 8111 8117 83/9 101119
117/15 122113 139/22 143/6 172/22 172/23 144/10 144/11 145/13 146113 108115 11112 157119
_ J52D4J5!1/U5A/3_16W6.J61/17. urge[2]-l00/17-l00/2l-- - ---- -146/17-15118 1-§1/l0-1-51/17 -1-5 8/4 was-[510]- - - -- -- - - - --
162/15167/1167/1168/14 172/4 urgence [1] 90/8 164/9 164/10 164/11 164/20 washing [1] 178/23
181/23 us [16] 9/5 1811 25/10 29/23 5211 164/25 165/2 165/9 165/25 18115 wasn't [31] 18/4 52118 58/11
type [18] 21/15 28/2 49/22 51/22 57/5 72/1 72/2 87/21 97/20 101113 181/25 182/9 182/13 183/15 63115 65/2 71111 97/10 I 08/8
52/22 53/1 59/1 59/23 61/15 62/19 111/23 120115 160/11 165/18 videos [1] 103/6 119/12119/12126/412817128/10
82118 87/24 9117 91114 92114 178110 videotape (2] 132/25 133/4 132/24 133113 134/1 135/19
97/19 12213 122/12 usable [3] 4711 47/6 47/9 videotaped (2] 132/22 143/12 135/25 136/1 139/2 139114 139114
types [4] 66/25 72/16 72/17 7717 use [4] 12/9 54/23 143/3 166/12 view [1] 183/15 142/23 146/25 147/18 164119
Itvoo Ill 95117 used (3] 106/18 162/24 167/24 violate [1] 121115 164/20 165/6 166/17 166118
u using [3] 33/2 110/23 176/17
usuallv i21 123/11 125/5
violates [1] 102/25
violation [1] 59/2
174/13
waste (2] 11/3 43/21
ugly (1] 79/19 watch [3] 36/9 46/15 18114
Uh [5] 18/8 21/4 21113 85/22 v virtually [1] 24/5
visit (5) 7/6 119/23 148/14 184116 watched [1] 165/18
132/6 V.Dire [1] 5/1~ 184/22 watching (2] 58/8 164/20
. Uh-huh (5] 18/8 21/4 21113 85/22 vacuum [1] 180/18 visited [8] 21/2 2117 90113 102/12 way [29] 11/19 20/18 20/21 20/23
132/6 vague [1] 140/15 137/12 139/10 148/16 171/5 58/14 58/15 66/4 66/20 67/4 68113
ulterior [1] 106/6 vaguely [1] 125/12 voice (4] 166/21 18116 181110 68/25 86/11 110118 121/10 121116
ultimately [9] 13/8 13/10 1617 valid [3] 17/8 106/8 106113 183/1 140/4 148/8 153118 163/9 165/16
32/18 80/12 83/8 86/23 8717 validity [2] 17/12 18/21 voir [4] 163/15 165/15 176/12 171/20 17211 175/5 175110 175/11
114/18 Valley [1] 79111 177/20 17617 178/2 18311 183/1
under [IS] 13/16 14/19 23/5 37/2 value [5] 1211114/14 14115 14/25 volume [6] 112 3/2 4/2 5/2 6/2 ways [7] 20/19 58/12 101/15
39/9 63116 76115 83/15 110/14 1517 186/6 105114 108/24 143/8 181/19
1l2/12 13811914115154/10 · van [1] 23/22 Volumes [1] 112 we [246]
'] 156/10 185/9 vantage [2] 58/21 98/13 we'd [4] 11117 76/8 159/21
_________________ ..
Demse C. Phiihps, CSR ______________________________
~---- "
]
,J w
State v David Duane Greer 11/14/12 Vol 4
35/16 35/20 35/24 36/2 36/5 37/9 101/24 103/10 104/14 114/13
37/16 37/25 38/1 39/23 40/1 4118 114/13 114/18 116/21 117/4
wish (2] 184/6 184/16
within (11] 25114 25115 27114
19
n~~ we'd ... (1] 177115
we'll (15] 15/20 22/12 22/20
42/25 45/4 45/8 45/16 46/8 46/24 117/17 118/24 119/18 12017 123/8 99/21 103/19 104/4 105/5 163/25
48/4 48/14 49/22 51/6 51/12 56/21 127/24 140/14 143/9 150/2 152/22 165/24 166/10 167110
48/11 89/24 90/1 142/5 142/9 56/22 57/3 58/12 58/16 61/4 7411 156/3 158/25 159/1 159/2 159/17 without (7] 80111 80/23 83/17
151/21 151124 153/2 157/3 16011 74/2 74/22 75/2 79/10 79/24 80/9 159119 165/2 171119 171/24 172/8 83/24 85/14 86/13 117/2
0 162/12 185/13 80/11 80/11 82/10 82/13 82/15 172/9 175118 witness (55] 9113 20/10 26/16
we're [31] 7/5 12/24 13/21 15/19 82/16 83117 84/16 84/18 84/24 wherever (1] 116/24 33/14 40/3 41112 41/16 42/11
15/25 16/18 17/3 1717 17112 17115 8517 85/12 85/14 85/19 86/4 86/13 whether (14] 66/14 6917 94/3 45/24 48/1 50/25 51/25 54/15
21120 32/3 35/24 36/3 36/7 36/8 86119 89/5 90/16 91/2 91/4 91/15 94/16101/11 102/14 105/23 54/20 56112 57/8 59/1 73112 74/7
42/15 44/4 64/23 I 05/1 106/1 93/12 93/20 9619 97/3 97/7 97/21 108/10117/5 121/5156/5156/9 76/6 76/7 78/10 86/2 87/10 89/1
0 I 06/2 I 09/25 11 011 110/1 110/23
153/23 169123 175/12 178/15
178/22
98119 99/2 100/13 100/20 102/9 169/18 177/10 91120 92/19 95/12 95/19 97111
102/10 103/22 10511 10717 107/8 which (18] 14/17 1617 16/24 2116 99/5 99/8 112/12 122/23 12717
107/8 11017 111112 113/20 113/24 21112 50/14 89/25 94/25 95/3 137/8 141112 142/22 142/22
we've (12] 50/21 76/17 104/10 114/9 115/15 115/21 122/3 124/6 99/14 99116 109/24 113/16 115/5 147/13 150/22 151118 154119
0 I 05/4 113/16 115/17 118/15
151/22 160/6 16717 173/17 173/17
weapon (12] 6/10 6/11 46/12
124/8 124/22 125/5 125/9 125/10 122/12 128/9142/15 186/7
125/12 12917 130/2 132/4 132/6
142/15 143/5 144/17 145/3 14617 56/19 84/24 85/2116/11 127/3
155/24 156/22 157/4 158/17
while [20] 30/19 32/1 34/22 39/16 159114 159/20 164/24 167/4
168/12 170/9 170110 186/13
50/25 5211 52/5 54/2 55/25 56/8 147/22 148/20 158113 158/21 128/24 129/19 131116 135117 witnessed (1] 73/6
D 104115 104117 177117
weapons (3] 24/1 3317 94/16
wear (5] 57/4 118/8 118/10
163/17 164/4 164/9 166113 168/11 140/11 140/16 142/20 155/8
168/13 168/25 170/6 17017 171112 158110 161124 163/13
171123 172/2 172/3 174/6174/13 whiskey (1] 166/6
witnesses [8] 3/8 4/5 4110 99/13
152111 152/14 154/2 166/1
women's (1] 38114
118/12171/7 174/25 175/25 176/13 177/14 white (1) 58/23 won't [6) 5118 52/8 64/22 94/15
0 wearing (49) 29/5 2917 42/25 43/1
43/4 4317 44/6 57/6 71/10 73/16
73/20 73/20 82/13 82/15 82/16
91/17 108/8 108/8 118/17 118/19
177/23 177/24 178/20 180/6
180114 180/15 180121 180/24
181/4 181/11 181114 183/5
who [29] 23/13 23/14 24/15 25/20 111/23 118/23
29118 31/6 31/8 36/23 58/1 63/12 word (6] 27/25 99/2 132/20
72/6 74/14 80/16 81/14 83/5 85/16 132/20 162/5 162/5
word-for-word (1) 162/5
what's (22] 11/6 24/8 33/17 35/6 85/20 86/23 8717 102/21 144/15
0
119/1 119/2119/4 128/3 128/5 35/16 37/20 40/6 40/17 42/4 43/15 144/24 145/1 149/8 165/23 167/4 words [1] 124/6
128/6 12817 128/8 128/8 128110 44/17 47/20 53/10 79/5 93/22 94/9 170/23 174/4 175115 wore [1] 118/9
128/16 128/21 128/22 144/18 103/9 103/13 109/19 110/20 151/1 who's'(?] 14/16 44/3 44/9 63112 work [7] 28/3 28/3 35/2 79117_
144/19 145/3 145/5 145/19 164/14 155/6 87/4 103111 182/21 96/14 14911 152/2
164/17 164119 166/9 166/16 whatever [9) 13/23 26/1 35/9 whoever (1] 185/8 worked [6] 66/17 79/11 91/24
0 166/17166119 17113 171/6 18217
182/10
wears [1) 170/25
55/11 59/16 114/1 114/12 116/24 whoever's (1] 149/22
149/20
whatsoever (1] 100/25
whole (8) 101/22 104/3 105/10
-· 106/17 145/13 153/16 164/5
9217 92/12 108/22
working (1) 157/15
works [5] 35/3 36116 54/23 67/4
weather (1) 82/1 I when (121] 10/22 12/9 12/21 178/16 121/10
.0 week [6) 69/17 70110 72/12 72112
173/23 174/5
weeks [4) 8/11 146/23 162/18
13/16 23/20 25/4 29/19 32/10 35/3 whose [11] 24/15 30/25 71/25 world (2] 111/12 163/1
35113 36/5 37/10 39/19 40/1 40/14 71/25 85/13 115/23 132/1 132/20 worth (2] 1517 174/13
40/25 43/8 45/9 45/20 47/13 47/13 137123 167/3 172/20 would (103] 11118 14/24 15/2
173/8 47/18 47/24 53/14 53/20 5915 59/8 why [51] 13/14 17/19 38/13 50111 16/15 17/8 17/11 21/6 2116 2119
0 weight[!) 11115
weird (1) 176/25
well [56] 8/4 9/15 12/6 17/9 20/13
6115 62/2 69/16 69/21 70/3 7113 52/7 52/17 53/2 61/17 65/23 74/18 21115 26/24 29/4 34/1 36/24 38/21
7115 72/10 73/16 81/17 84/5 84/16 74/20 74/24 80/3 80/19 83/25
8517 85/19 85/21 90/13 91/3 9117 102/12 105/24 105/25 116/9
38/25 41/2 43/20 45/9 48/17 51/5
5116 52/23 54/3 57/2 57/4 58/6
. 35/7.38/..'1_38118 46/2_48/12_60/10. 93/6 971.7-98/5-98/.15-106/5-1 09/2l -1·16/.l8-1·16/l9-117f.lll27/18 ..... - 65/.J-6514-65/5 65/6 651"7 6612 67/8 .
0 60125 67/20 68/11 69/24 71111
71/14 82/6 87/3 87/14 89/10 89/16
90/1 97/3 98/15 98/17101116
103/3 103/3 103/15 103/17 104/13
115/11 116/20 117/14 118117
118/20 118/22 118/25 119114
138/3 138/8 138/10 140/1 140/3 67/11 67/12 67119 69/21 73/3 73/3
140/10 149/12 165/4 165/5 17111 75/22 78/16 93/1193/12 93119
119/17 120114 121/1 12113 121/4 172/21172/22 17411 174/2 174/5 94/10 94/18 96/1 9817 98/8 98/22
123/8 123/11 123/12 124/1 124/5 176/19 177/4 178/8 178/8 179114 100117 102/13 102/16 I 02/17
106/12 106116 108/23 122/14 125/24 126/1 J 126/22 127/1 180/3 180/6 180/13 180/14 18112 103/22 104/9 105/21 106/4 107/24
0 125113 126/19 128/2129/3 131119
133/5 139/9 143/2 146/25 148/4
149/1 149118153/23 164/8 170/18
128/11 128/12 128/15 130/3 130/3 181/25 182/5 182/14
130/9 131/6 131123 133/10 133115 will (39] 9/2 10/14 10115 10/24
136/4 136/13 137/11 138/16
109/2411114112/8 116/9117/6'
117/8117/22118/4118/8119117
16/11 19/7 22119 26/1 34/6 35/18 119/18 119/25 120/2 122/12 124/7
173/25 174/8 178/22 180/21 182/2 138/18 139/14 139/23 141/4 141/4 41/9 48/23 52/3 52/4 54/11 55/2 125/5 125/9 131/2 132/25 133/2
0 went[8) 12/21 13/18 29/19
118/25 120115 122116 14119
171/17
142/22 145/8 145/14 148/14 150/4 5517 5519 55/10 55/13 55/21 94/16 136/4 141116 142/3 142/12 142121
150113 150114 154/22 159/3 159/5 94/19 95/2 95/2 99/13 99/25 100/3 149112 149/l5 149/21 153/11
162/10166/21.167/6168/18 100/8 105/6 107115 160/11 162/9 153118156/24157/11 158/6161/9
were (193) 170/13 170/14 171/4 172/12 172/9 176/2 176/14 177/15 184/14 165/4 165/5 171/7 172/7 172/21
0 weren't [8) 17/7 98/12 128/2
133/12 138/5 145/8 174/3 174/14
what(174] 8/21 9/16 9/22 10/10
172/19 173/1 173/11 173/24 175/9 186/12
180/19181/518116181/10182111 WILLIAM (1] 2/5
182/18 willingly (1] 8/13
172/22 173/18 175/3 176/1
wouldn't [10] 59111 64/24 101123
117/9124/14149/23173/15
10114 10/22 12114 13112 13/24 whenever [7] 55/4 55/21 58/2 winch (2] 24/24 37/17 173119175/1 178/12
·0 14/3 15/3 15112 17/2 17113 17/23
17/25 17/25 18/20 20/22 21/1 I
21/21 23/1 I 25/10 25/1 9 25/25
27/2 27/14 27/15 27/17 27/18
68/2 7114 14917 175/23 windbreaker (1) 82/18
where [56] 18/22 24/9 27/11 30/8 windbreaker-type (1] 82/18
32/1 32/4 35/24 39/5 41/22 43/10 window [3) 164/1 167/11 178/2
wrap [3] 124112 124/13 130/3
wrapped [13) 124/8 124/1 I 12517
125/20 126/6 126/10 130/3 130/4
44115 44/16 60/16 60/22 63/10 windows (7] 75/16 75119 75/21 130/5 130/9 130111 140/24 171113
27119 30/11 31/12 31/15 32/10
0 32/22 33/21 33/22 35/6 35/12
63/18 64/13 71/6 73/6 73/9 82/1
82/19 88/3 92/23 94/12 10119
75/22 76/3 102/13 102/16
wise [1) 64/17
wrapping [2) 124/24 125/2
wrecker (4) 35/9 36/6 62/1 62/17
-Q~-·----- -----··---· ____________________._E.:_~Ise_C. Plul~p~~~~ ________ -------··----·--·-·______........-. _ _
..
-··
0
20
St at e v. Da VI"d D u ane Greer 11/14/12 Vol 4
I80/24 181/24 I82113 I82/2I
w I85/6
J-, wrecking [I] 24/I2"
write [I) 97125
writing [3) I9/22 I9/23 I86/6
you-all [8) 59/5 59/24 95/7 98/5
II7/2I I62/10 I76/2 I76/6
Young [16] 5118 5/20 26/15 26/20
written [1] 99/I4 27/1 34/22 79115 I54/9 I 54/I 0
J wrong [4) I06/11 I49/I2 I49/I4
I65/7
wrote 121 97/17 97/18
I54112 I54116154/22 I58/l I58/5
I58/IO I58/20
your [119] 9/18 19/8 20/8 20/20
·x -21/2122/8 26/I4 30/5 3015- 34/I9.
35/16 41/12 45/13 58/9 58/9 58/20
J XL 121 II912 119/2
y
59/8 60/I5 66118 68/169/7 76/18
77/3 77/li 77111 77/I6 78/7 79/5
79/21 84/4 88/3 89/22 92116 94/22
y'all (46) 30/4 30/19 30/20 3I/3 95/15 96/5 96h6 98/13 99/1 99/II
u 31/5 31/15 31117 33/2 33/6 33/22 109/20 112/19 113/5 113/21
35/3 35/6 35/11 43/8 43/24 44/16 113/25 114/9115/II 116/4116/12
47/I3 47/I4 48114 49116 52/I4
-
II6/2I II7/14li7/23 II7/25
56119 73/I6 80112 I14/24 I23/I 1I9/4 I2III5 I22/9123/7123113
J 123/6 I23/23 126/I1 I26/I7 I23/I9 124/2 124/6 I26/2 I26/8
I26!23 126/23 I27/3 127/5 128/11 126/11126114 128/1 128/14
I28/l4 I28/15 128/24 131/9 128/I9 130/4 I30/20 I33/2 133114
134/20 I35/II I35/I7 153/4155/8 I35/6136/3 136/6I3611I 137/25
·I6I/I2 I76117
J y'all's [3] 32/I8 35/6 36/25
yard [2) 24/11 24/12
139/2 140/12 141/23 I42/2 145/I4
I46/18 I47/22 I48/1149/17
149/21 149/24 161/24 162/5
yeah (33) 8/17 8/I8 18/16 21/23 162/11 163/19 166/12 167/6 168/8
~
34/I6 73/10 77/I4 I04/18 107/12 . I68/10 168/11 I68/16 168/19
118/3118/7I20/5 120113123/10. 168/25 I69/22 I70121 176/l 0
123/18 124/10 125/4 126/15 129/5 176/17 176/18 177/6 177/10178/5
13I/14131125 133/3 133/20 178/5 178/7182/15 182/16 I82/18
l
134/22 134/25 135/3 137/5 138/15 183/12 183/23 184/8 185/3 185/5
139/7 143/11 147/25 161/7 161/10 185/5
year'[7) 22/24 28/20 96/21 120/10 yours [3) 57/18 123/21174/24
121/l 140/12 167/11 yourself(10] 26/25 38/5 58/4
r years [17) 20/14 21112 25117 28/4 78/16 81117 96/1 157/11-167/3
28/6 28/8 49/25 78/23 79/2 79/4
79/9 79114 I13/1 113/4 113/5
162/25 164/1
yes [395)
178/8 181/7
yourselves [1) 166/9
l yesterday [10) 7/16 17121 17/23
21/3 25/16 51/19 51/25 66/9
125/14 168/10
_ Y.!!t.[3J_l1/12.J.clicvc thm in th~ Cuunty or Brazos and State of Texas one
DA YID DUANE GREEit
0 hcreinah<'l" referred to as the Dd\:nd;u.l!. heretofore on or about.January 24,2012. did
then ~nd there intentionally or knowingly enter a habitatio11. without the ciTectivc <:onsent of Fred Wampler. the
owner thereof, and ancmptcd to <:ommit or commined the!\ ofpropet1y. to-wit: computer und a razor. owned by
Fred \V;n11pler,
[1 PARAGRAI'II TWO: and it is further presented in and to said Court. !hut the said DAVID GREER, in the County
of Brazos and State or Tc:-rcsentcd in and to said Court. that the said Dt\ VID GREER. in the County of
Brazos mill State of Texas on or <~bulllthc :Z•IIh dny of January. 2012 did
0 then And there intentionally or knowingly enter a building or a portion of a building not then open to the public,
without the eiTcctivc consent or Fred W<~~npler. the owner lhercor. and attempted to commit or cominitted theft of
--"~-··
property. hrwit: tools and a bicydc, <>wnt·d by Frt•d Wampler.
0 PARAGI{;\PH TWO: and it is further presented in and tv !mid Court. that th~ said[)/\ VID GREER, in the County
of Brazos and State ol'Te:-J!3Rl:~~~~J81·ffl Y OF THE STATE. I
I.,
·'.
/J-;·fiJJ;~:
l :-'.J ..
0 .. --~-~--
.-.·1
0 13y:___ _
0 NOW TIII'RITORE. YOU t\IU·. HEI{I·:IlY COMMANDED
TO ARI<.J·.ST the dcl"cndallt·nnd bring hi111 :\T ONCE before the tmd~rsi!;llCu magistrate at his oflice in Brazos
County. l"~xas, lh-.;n and there lo an~w~r 1he above churgc.
Herein t·ili_J not Return this writ and in,!ieatc how it was executed.(\·:._·[... . . i L .• .- ·i . -
1
Ba111s he1eby s~t at$ _____ . . (,tvcllundcr my hand ___ :.:::J~ ·:~L;. _c:.-~c:r: .. ;.<~; I ~f--
1
__ _;-1-·
0 WRll RLCEIVIt(L,[ !d._.
/rf c-/ )' /]
2U .
-::vi . //:/1' ~~:.;;;i·~)?;;;;;;.;;·t.;.~t~k~/.'j'-
~1-t-KECUTED(/-'_(-~jU . 2U /.~-resting
the --, D~fcndant
nnd (I) plac111g hnn Ill Jail tnl3r.izu> County. J"cxas. or(2)1flk-fl~ s- ond:-(C1o"tl mnpplicable nct 1 ~q ~
--~--~----
0 - --
WARH.'\NI
--
13 fcl7.os Lllltlll\ lc:-o:t:s
*
j
STATE'S
EXHIBIT
• -By _______ •...
11J. fi\MAb
'···-
_
Vi:l)
-
L'ca«Otliccl
1 l ,,~,
D ~ I ~:.
.
!
0 6
o. 1
2
0 3
4
0 5
0 6
7
0 8
0 9
10
0 11
12 State's Exhibit No. 2
0 13 Arrest Warrant
0 14 (Record Purposes only)
15
0 16
0 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
o· OFFICIAL COURT REPORTER
272ND DISTRICT COURT
D.
)-j- - () ;: :_ r/ .·.-'_, > -t
Race w Sex F
Agl· 27 Dub 07118/84
HI 5'5" WI 120
Hnir Brown Eyes Hazel
THE STATE OF TEXAS 1'10: 17023
DA Complaint// 12-0 I 050
[1 vs. Book II
Off22'1Y0002 22'19000 I
Cause No.
MONISH IA CMvii'BELL Charge: BUUGL~\j_{_Y_O_ItH)~iJiTATION
~~~t i~~ ~~~~~~N~F-~~~J-~~~~{_ _________
1
0 Agcnc.y BPD 12-0 I 007'19
0 TO ANY PEACE OFfiCER FOI{ THE STATE OF TEXAS: GREETINGS
WHERI·:AS complaint has been made by the undersigned Affiant who upon his oath says that he lws good reason to
bclicw and dues believe that in the Cuu11ty or 13razos and State or Texas one
MONISH lA CAMI'Ill~LL
0 hcrcinalkr rclerrc·d to as the Dcli.:ntlant. heretofore on or about January 24,2012. did
then nnd there intentionally or kncHvingly enter a lmbitation, without the effective conscni of Fred Wampler, the
owner thereof, and allemptcd to commit or committed then or property, to-wit: computer and a rnzor, owned by
Fred Wmupler,
0 PARA(jl{f\I'H TWO: and it is furihcr presented in and to said Court, thai the said iVIONISHIA CAMPBELL, in the
County ui' Brazos and State ofTc.xas on or about the 24th day or January. 2012 did
0 then and th~re, with intent to commitlhcfl. enter a lmbitalion, without the effective consent of Fred Wampler. lhe
owner thercoL
COUNT rWO: and it is rurihcr presented in and to said Court. that the said lviONISHI1\ CAMPBELL, iri the
County or l3raws and State orT~xas on ur about the 21)~ Y
Vera Lara-Hooge
;_;_J
Justice of the Peace
0 Bru:zo3 County, Texas
AGAINST THE PEACE t\ND DIGNITY OF THE STATE.
Grand Jury Witnt·ss: (J /} :·-.: --·,
s~b/ibt·tlberore -·----~~ _/_f;__2fj{:r·
.. _,;
Sworn 10 and me un
D _c__~~-r- ~__:_- -------·
AITI~ntl
-- "(_J :<;;
0 lly:
0 NOW TllUZEFOIUo, YOU AHJ.. IJEJ(J·:13Y COMMANDED
TO!\ RJ(J·:s'r the defendant and bring lii1n AT ONCE before the undersigned magistrate ill his oflice in Orazos
County. rc.~as, then and there \t..\ ~mswer the above char!!C.
Herein r,1il n01: Return this writ ;md indicalc how it wa; executed. / ·; 1 !
.-
, -·- ·--, ,
Bail is hcr~by set at s____ . liivcn under my hand·----· _,__ ,(<~.<:~(!.:''L'~~-)----j_?__!:_J~~~c ( -:(.
0 WRIT RITI."VE12j 5f2u. (2~d~~ECUTI:D _dJ~Z~it~,~~:::~E~~Dcfcndant
and (I) placmg·him in jail in Brazus c&;;;ly. Texas, or (,2}-tuk-ina:trf unc. ( v ·~'out uwpphcable ac1Tmr:)----..
----~?,.::-:::-?. ____ ..... ···--··. -~•1cc Officer
0 ---·. ·-.-.__ - - - - - · ....... __
~:;;~,~~~·;"'l'· '""" j ~~~~;
......... ··- lly
/ ~. ~~ tt:AvE!'.
(_, [~.r 1\~u
0 I
D 7
n.
l_
1
2
0 3
4
6 5
0 6
7
0 8
D 9
10
0 11
12 State's Exhibit No. 3
0 13 Video
0 14
15
0 16
17
fJ 18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
[{
0
0
0
n
0
0
0
0.
0
0
0
D
0
0
D
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0
0
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1
0---
2
0 3
a 4
5
[l 6
7
0 8
0 9
10
0 11
12 State's Exhibit No. 4
0 13 Photograph
0 14
15
0 16
D 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
o--
-
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
0
'l
Iu I
,,
i
L.i
l
C\
i I
L.J
Ll
\
0 9
0-- 1
2
0 3
4
0 5
0 6
7
0 8
0 9
10
0 11
12 State's Exhibit No. 5
0 13 Photograph
.0 14
15
0 16
8 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
u OFFICIAL COURT REPORTER
272ND DISTRICT COURT
0
q
\ )
l_.:
,-,
(. I'
t.J
0 10
1
G-· 2
n 3
4
8 5
0 6
7
0 8
Q 9
10
0 11
12 State's Exhibit No. 6
0 13 Photograph
0 14
15
0 16
8 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0 ~
11
D
f}- 1
2
[] 3
4
6 5
0 6
7
0 8
0 9
10
0 11
12 State 1 s Exhibit No. 7
0 13 Photograph
0 14
15
0 16
0 17
18
0 19
20
D 21
0 22
23
0 24
n 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
~·
~I
]
]
] THE STATE OF TEXAS §
COUNTY OF BRAZOS §
]
J In the 272ND DISTRICT COURTof Brazos County, Texas the Honorable TRAVIS
BRYAN Ill Judge Presiding, the following proceedings were held and the
following instruments and other papers were filed in this cause to wit:
J
Trial Court Cause No. 12-03324~CRF-272
J
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
J
vs. § BRAZOS COUNTY, TEXAS
1 David Duane Greer § 272ND DISTRICT COURT
J
]
J
]
]
]
]
CAUSE NO. 12-03324-CRF-272
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
vs. § .·. BRAZOS COUNTY, TEXAS
David Duane Greer § 272ND DISTRICT COURT
INDEX PAGE
• INDICTMENT (FILED JUL. 12, ..•.•...........•.........•............ 1
2012J
• WARNING BY MAGISTRATE ....................................... 2
(FILED JUL. 12, 2012)
• DEFENDANT'S REQUEST TO ....................................... 3-6
PROVIDE NOTICE OF OTHER
CRIMES, WRONGS OR ACTS,
ANY OPINION REGARDING
HIS/HER CHARACTER OR
GENERAL REPUTATION AND
PRIOR CRIMINAL RECORD
(FILED JUL. 17, '2012)
• DEFENDANT'S REQUEST FOR ....................................... 7
DESIGNATION OF EXPERT
WITNESSES (FILED JUL. 17,
2012)
• 'REQUEST FOR DISCOVERY ....................................... 8-10
(FILED JUL. 17, 2012)
• MOTION TO SUPPRESS ....................................... 11-12
STATEMENTS (FILED JUL. 17,
2012)
• DEFENDANT'S MOTION TO ....................................... 13-14
SUPPRESS (SEARCH OF
PERSON AND/OR PERSONAL
BELONGINGS WITHOUT
WARRANT) (FILED JUL. 17, 2012)
• DEFENDANT'S MOTION TO ....................................... 15-17
SUPPRESS (INVALID SEIZURE/
ARREST/
RESTRAINT/DETENTION
WITHOUT WARRANT ·(FILED
JUL. 17, 2012)
\__
J
l .. DEFENDANT'S
SUPPRESS
MOTION
(SEARCH
TO
OF
....................................... 18-19
l •
V;EHICLE) (FILED JUL. 17, 2012)
ORDER
I
APPOINTING. ATTORNEY
(!riLED JUL. 24, 2012)
....................................... 20
• ~FFIDAVIT IN SUPPORT OF ....................................... 21-23
J COURT APPOINTED ATTORNEY
(FILED JUL. 24, 2012J
~ •
•
LETTER (FILED JUL. 24, 2012)
LETTER (FILED JUL. 27, 2012)
.......................................
.......................................
24
25
• MOTION. FOR SPEEDY TRIAL ....................................... 26-27
] (FILED AUG. 10, 2012)
• DISCOVERY ORDER (FILED ....................................... 28
AUG. 31, 2012)
J • MOTION FOR DISCOVERY OF ....................................... 29-32
EXCULPATORY AND
MITIGATING EVIDENCE (FILED
] QCT. 28, 2012)
• A.MENDED ....................................... 33
COMMITMENT/RELEASE ORDER
J (FILED NOV. 16, 2012)
• TRIAL COURT'S CERTIFICATION ....................................... 34
OF DEFENDANT'S RIGHT OF
J APPEAL (FILED NOV. 16, 2012)
• ORDER APPOINTING ATTORNEY ....................................... 35-37
] (FILED NOV. 16, 2012).
.......................................
• JURY LIST (FILED NOV. 16, 2012) 38-39
• STRIKE liST (FILED NOV. 16, ....................................... 40-45
J 2012)
• COURT'S CHARGE TO THE JURY ....................................... 46-51
(FILED NOV. 16, 2012)
] • JUDGMENT OF CONVICTION BY ....................................... 52-58
JURY (FILED NOV. 19, 2012)
• .......................................
~
SECOND. AMENDED 59
COMMITMENT/ RELEASE
ORDER (FILED NOV. 19, 2012)
• MOTION FOR NEW TRIAL AND ....................................... 60-63
J MOTION IN ARREST OF
JUDGMENT (FiLED DEC. 13,
2012)
J
J
]
0
0 • STATE'S OPPOSITION TO ....................................... 64-66
DEFENDANT'S MOTION FOR
0 NEW TRIAL AND OBJECTION TO
ANY UNTIMELY AMENDED
MOTION FOR NEW TRIAL (FILED
10 DEC. 20, 2012)
• MOTION FOR NEW TRIAL AND ....................................... 67-69
:o MOTION IN ARREST
JUDGMENT (FILED JAN. 03,
OF
2013)
.......................................
0 •
•
LETTER (FILED JAN. 03, 2013)
REQUEST FOR PREPARATION .......................................
70-71
72-73
OF REPORTER'S RECORD AND
:O DESIGNATION OF MATTERS TO
BE INCLUDED. (FILED FEB. 06,
2013)
;0 • NOTICE OF APPEAL (FILED FEB .
12, 2013)
....................................... 74
• REQUEST FOR PREPARATION ....................................... 75-76
iO OF REPORTER'S RECORD AND
DESIGNATION OF MATTERS TO
BE INCLUDED (FILED FEB. 12,
:0 •
2013)
WRITTEN DESIGNATION ....................................... 77-78
SPECIFYING MATTERS FOR
:0 INCLUSION · IN CLERK'S
RECORD (FILED FEB. 12, 2013)_
:o •
•
DOCKET SHEET
CLERK'S CERTIFICATE
·······································
.......................................
79
80
.0
.0
0
0
0
0
0
n Race W
Age 45
Ht 5'11"
Sex M
Dob 12/22/66
Wt 210
H~ir Brown Eyes Bruwn
0 THE STATE OF TEXAS PJD: 26619800
DA Complaint# 12-Q2607
VS. Book II
0 DAVID GIU!ER AKA l>A VE GREBR
Off 52030024
Cause No . .ll.=J)~'-\- (n.R- ·~"7--
ChHrge: UNLAWFUL POSSESSION J.·ifiA-RM BY
FELON
Justice Colllt No. [J-Q2434·F
Agency I.ICSO 12-1615
TN THE NAME AND BY AUTHORITY OF THE STA TF. Of TEXAS:
The Grand Jury of Brazos CoUilty, State of Texas, duly or,pmized at the July Term, 2012, of the 272nd District
Court of said C'-istrict Court of Grimes County, Texas, inTentionally or
knowingly posse.'!.<; a firearm before the fifth anniversary of the defendant's release from ~upervision under
community supervision or p11role or mandatory supervision following conviction of said felony,
ENIIANCEMF.NT TO HABITUAL OFFENDER:
PARAGRAPH ONE: und it is further presented in and to s11id Court that, prior to the commission of the aforesaid
offense, hereafter stykd the prhnary offense, on the 18th day of April, 1984, in Cause No. 15,341 in the 85th
District Court of Brazus County, Texas, the' defendant was convicted ufthe felony offense of Burglary of a ';--
Habitation, · ,, .. ..~ · ·-····· ··- · ·""···----·- _,......... ,. ___ ._,c. __ --·-···'' ...... ·· · · ··
PARAGRAPH TWO: and it is furtller presented in and to said Court that, prior to the commission of the primary
offense, and after the conviction in cause number 15,341 was final, the defendant committed the felony offense of ,
Theft and was convicted on til~ 1Otb OR ATrORNEYS REPRC':>"'NT!NG THE STATE;
IF YOU 1\Rf: UNABLE TO EMPWY A LAWYER, YOU HAV!:: THE RKlHT TO HAVF A LA \VYI1R APPOINTED T() COUNSEL WITH
0 7.
YOU l'RI()K TO ANl> Dl IR!J'G ANY SUCH QUtSTIONit.G OR INTERVIEW;
IF YOU WISII TO REQUEST A COVRT-AI'I'OJNT£() ATTORNF-Y:
a. YOtJ MUST COMPU:Tc A WRn-r!Th APPLICATIOI\' UNDER OATilrOR A COURT·Al'I'OI(>(TI]D A1TORN!::Y:
b. TH£ APPLICATION MUST CONTAIN SUFFICU:::.\IT FINANCIAL INFORMA'I10N TO r."NAALE A JUDGt:: TO DETERMII-:1:: If YOII
,\RF. 1:-IUIGF.NT:
c.. Rl::ASONAIU.E ASSISTANCt:: V,'ll.l. m; PROVIDI:."D TO COM PI .ETE THE AI'PLICATION. 11' NEEDED;
A ltf.QUEST FOR A (..'OURT-AI'POINTlilJ ATfORNEY WILL liE Dt:rER~INED WITHIN TIIREE (3) WOK KING DAYS AFTER TilE
0 REQl1!'$T IS Rf.CEJVliD lfYOli IU!MAI}I IN JMI. AND flO NOT. RONLJ Olrf OF JAIL;
IF VOU ARE fOUND TORE INDIGF.I'-:T AND AN ATTORNEY IS APPOINTHLJ. T'HEATTOR:-U,Y WH.L ATTF.MI'T TO CONTACT YOU
tlY Tilt: l!"NJ) OF THf \'o.'EXT WORKING DA V AFTER !3EING APPOINTI::"D.
ACCUS~ DOES
0 THE _DOES NOT WANT TO REQUEST A COURT-APPOINTED ATI'DR)';EY.
10. TH[ COURT f.INIJS Tl!Al PROilARLF. CAUSf.. _IJQES _DOF.~ NOT F.XISI' IN TillS MA1Tt:R.
II W YOU ARt NOT AU S CITIZEN, 00 YOU WA:-.IT YOUK CONSULATE TO BF. NOT!F!F.D? _NO, _YES.
0
0
0 6y
JUL 1 2 2012
11R¢.rzx ~ m
iiAAIUH, DIST CLERK
Deputy
Form• 5015 Wl!1llin& b)' MugisHarc
0
0
0
Page2
n
n CAUSE NO. 12-03324-CRF-272
THE STATE OF TEXAS X
0 vs. X OF
DAVID GREER X BRAZOS COUNTY, TEXAS
0
0 DEFENDANT'S REQUEST TO PROVIDE NOTICE OF OTHER
CRIMES, WRONGS OR ACTS, ANY OPINION REGARDING
IDS/HER CHARACTER OR GENERAL REPUTATION AND
0 PRIOR CRIMINAL RECORD
0 TO THE HONORABLE JUDGE OF SAID COURT AND THE PROSECUTOR IN TIDS
CASE:
0 Now comes the Defendant and requests pursuant to Rules 404(b) and Rule 609(f), Texas
Rules of Criminal Evidence and Art. 37.07, Sec. 3(g) and Art. 38.37 Code of Criminal
Procedure, that the State provide notice of other crimes, wrongs or acts, any opinion regarding
0 his/her character or general reputation and prior criminal record and in support thereof would
sliowtlie folloWing:--- - - - ·
0 I.
That Rule 404(b) states:
0 (a) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not
admissible to prove the character of a person in order to show that he acted in
0 conformity therewith. It may, however, be admissible for other purposes, such as
proof of motive, opportunity, intent preparation, plan, knowledge, identity, or
0 absence of mistake or accident, provided, upon timely request by the accused,
reasonable notice is given in advance of trial of intent to introduce in the State's
0 case in chief such evidence other than that arising in the same transaction.
0 That Rule 609(f) states:
0 (f) Evidence of a conviction is not admissible if after timely written request by the
adverse party specifying the witness or witnesses, the proponent fails to give to
0
0 Page3
0
0
D the adverse party sufficient advance written notice of intent to use such evidence
to provide the adverse party with a fair opportunity to contest the use of such
0 evidence.
That Art. 37.07 Sec. 3(g) states:
D
(g) On timely request ofthe Defendant, notice of intent to introduce evidence under
0 this article shall be given in the same manner required by Rule 404(b ), Texas
Rules of Criminal Evidence. If the attorney representing the state intends to
0 introduce an extraneous crime or bad act that has not resulted in a fmal conviction
in a court of record or a probated or suspended sentence, notice of that intent is
0 reasonable only if the notice includes the date on which and the county in which
the alleged crime or bad act occurred and the name of the alleged victim of the
'0 crime or bad act. The requirement under this subsection that the attorney
representing the state give notice applies only ifthe defendant makes a timely
0 request to the attorney representing the state for the notice.
0 That Art. 38.072 Sec. 2 (a) states:
This article applies only to statements that describe the alleged offense that:
0 (2)
(1) were made by the child against whom the offense was allegedly
0 committed; and
(2) were made to the first person, 18 years of age or older, other than the
0 defendant, to whom the child made a statement about the offense.
(b) A statement that meets the requirements of Subsection (a) of this article is
0 not inadmissible because of the hearsay rule if:
(1) on or before the 14th day before the date the proceeding begins, the party
0 intending to offer the statement:
(A) notifies the adverse party of its intention to do so;
0 (B) provides the adverse party with the name of the witness through whom it
intends to offer the statement; and
0
0 Page4
0
0
)l
u (C) provides the adverse party with a written summary of the statement;
(2) the trial court fmds, in a hearing conducted outside the presence of the
0 jury, that the statement is reliable based on the time, content, and
circumstances of the statement; and
·-o-·
--
(3) the child testifies or is available to testify at the proceeding in court or in
any other manner provided by law.
:Q That Art. 38.37 Sec. 1 states:
( 1) This article applies to a proceeding in the prosecution of a defendant for an
0 offense under the following provisions of the Penal Code, if committed against a child
under 17 years of age:
0 (1)
(2)
Chapter 21 (Sexual Offenses);
Chapter 22 (Assaultive Offenses);
0 (3)
(4)
Chapter 25.02 (Prohibited Sexual Conduct);
Chapter 43.25 (Sexual Performance by a Child); or
:0 (5) an attempt or conspiracy to commit an offense listed in this section.
:0 That Art. 38.37 Sec. 2 states:
0 (2) Notwithstanding Rules 404 and 405, Texas Rules of Criminal Evidence, evidence
of other crimes, wrongs, or acts committed by the defendant against the child who
is the victim ofthe alleged offense shall be admitted for its bearing on relevant
0 matters, including:
:0 (1)
(2)
the state of mind of the defendant and the child; and
the previous and subsequent relationship between the defendant and the
child.
0
That Art. 38.37 Sec. 3 states:
0
(3) On timely request by the defendant, the state shall give the defendant notice of the
state's intent to introduce in the case in chief evidence described by Section 2 in
the same manner as the state is required to give notice under Rule 404(b), Texas
0
0 :Page 5
0
0
n Ru1es of Criminal Evidence.
II.
0 Defendant requests that he be provided the notice required by the Rules 404(b), 609(f),
Art. 37.07 Sec.(g), Art. 38.072 Sec. 2(a); Art. 38.37 Sec. 1; Art. 38.37 Sec. 2; and Art. 38.37 Sec .
:.n
.[J 3 of other crimes, wrongs or acts other than that arising in the same transaction and any evidence
of prior criminal record. Defendant requests this notice to be provided far enough in advance of
:n trial that he will be able to adequately investigate these other acts.
WHEREFORE, PREMISES CONSIDERED, defendant prays that this request be
noted in the record.
Respectfully submitted,
Bryan. TX 77803
(979) 822-4759
(979) 779-0575 Facsimile .
SBOT: 24007265
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
the prosecuting attorney on the date it was file .
Page 6
0
"\
f]
n CAUSE N0.12-03324-CRF-272
n THE STATE OF TEXAS
vs.
X
X
IN THE 272Nn DISTRICT COURT
OF
0 DAVID GREER X BRAZOS COUNTY, TEXAS
0 DEFENDANT'S REQUEST FOR DESIGNATION OF EXPERT WITNESSES
[} TO. THE HONORABLE JUDGE OF SAID COURT AND THE PROSECUTOR IN TIDS
CASE:
0 Now comes the Defendant, by and through his/her attorney of record, and respectfully
requests, pursuant to Texas Code of Criminal Procedure Article 3 9 .14(b), the State in the above
0 styled and numbered cause to provide the Defendant, at least twenty (20) days in advance of
trial, the names and addresses of all witnesses they may use at trial to present evidence under
:0 Rules 702, 703, and/or 705 ofthe Texas Rules of Evidence.
The Defendant seeks the information requested to enable proper preparation and to avoid
0 unnecessary delay at trial.
0
0
0
0
CERTIFICATE OF SERVICE
0 I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
the prosecuting attorney on the date itE~
0
0
0 Page 7
0
0 CAUSE N0.12-03324-CRF-272
[J THE STATE OF TEXAS
vs.
X
X OF
8 DAVID GREER X BRAZOS COUNTY, TEXAS
fj REQUEST FOR DISCOVERY
0 provided:
Now comes Defendant and requests the following items and information be
0 1. All statements by the Defendant pursuant to Tex. Code Crim. Proc.
:0 Art. 38.22 and all written statements made by the Defendant in connection with this
offense with which the Defendant is herein charged.
lJ 2. All objects and tangible property taken by the State during the course
of its investigation of the offense with which the Defendant is herein charged, and
any items which may be introduced at trial.
:O 3. Any written waivers or consent forms signed by the Defendant.
:Q 4. The name of the case agent who investigated this case.
5. The prior criminal record of the Defendant including all arrests and ·
convictions whether as a juvenile or as an adult.
0 6. All final adult felony convictions and misdemeanors of moral turpitude
on the part of all witnesses called by the State.
0 7. A complete list of any_ and all extraneous offenses by the Defendant,
evidence of which the State could offer as exception to the general rule prohibiting
0 proof of extraneous offenses, pursuant to Tex. Rules Crim. Evid. 404(b).
8. Any exculpatory and/or mitigating evidence within the possession,
0 custody, or control of the State, the existence of which is known, or by the exercise
of due diligence may become known to the State.
0 9. Any photographic lineups shown in the course of the investigation of
this case.
0
0 Page 8
10. The final results of any laboratory test or any other analytical test
pertaining to evidence in this case.
11. Copies of any prior convictions of the Defendant which may be used
for jurisdictional, enhancement, or impeachment purposes.
12. AU pho~ographs taken, or used, in the course of the investigation of this
case.
13. Prior to voir dire, a list of all the names of prospective prosecution
witnesses who have knowledge and likely will be used at the guilt/innocence phase
and the punishment phase of the trial, with a continuing duty on the part of the
State to disclose the names of rebuttal witnesses as soon as they become known.
14. All statements made by any party or witness to this alleged offense,
whether written or oral, which might in any manner be material to either the guilt
or innocence of the Defendant or the punishment, if any, to be set in this case,
pursuant to Tex. Rules Crim. Evid. 615.
15. AU handwritten and typed reports prepared by peace officers who
investigated and participated in any manner in the preparation of these charges
against the Defendant, pursuant to Tex. Rules Crim. Evid. 615.
Defendant requests that discovery be completed within a reasonable time before trial, with the
State being under a continuing duty to supplement with any of the above items that comes to its
attention.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this request be
noted in the record.
Page 9
[J
D
0 Respectfully submitted,
fJ
0 ~Earl Gray
103N.M.
Bryan, TX 77803
(979) 822-4759
et
(979) 779-0575 Facsimile
0 SBOT: 24007265
ATTORNEY FOR DEFENDANT
D CERTIFICATE OF SERVICE
0 I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
the prosecuting attorney on the date it was file
0
0
0
0
0
0
0
.o
0
0
[J
Page 10
0
n
0 CAUSE NO. 12-03324-CRF-272
0
-/
THE STATE OF TEXAS
vs.
X
X OF
[J DAVID GREER X BRAZOS COUNTY, TEXAS
0 MOTION TO SUPPRESS STATEMENTS
0 TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant in the above entitled and numbered cause and moves the Court
0 to suppress the statements made by Defendant for the reasons stated below:
I.
D Defendant moves to suppress any statements made by the Defendant, whether oral or
written including, but not ~ted to, statements made to the officer, whether in or out of custody,
0 on the following grounds:
A. Any oral or written statement made by the Defendant was not freely and
D voluntarily made.
B. Any oral statement made by the Defendant was made as the result of a custodial
;0 interrogation was not recorded as provided in Article 38.22, Texas Code of Criminal Procedure.
C. In the alternative, if any oral statement was recorded, it. was made without the
Defendant first having knowingly, voluntarily and intelligently waived any rights set out in the
0 warning and as required by the Miranda case.
D. The Defendant was not properly warned of his rights pnor to making the
D statement.
E. The statement was the product of any illegal detention and/or arrest.
:0 WHEREFORE, PREMISES CONSIDERED, Defendant prays that the above evidence be
suppressed and that no mention be made of said evidence directly or indirectly by the prosecutor
;0 or any of the witnesses for the state and that the prosecutor be instructed to remind his witnesses
that no mention is to be made of this evidence.
D
0
lJ Page 11
0
/
0
n
.J Respectfully submitted,
0 Earl Gray
n I 03 N. Main Str
Bryan, TX 77803
(979) 822-4759
(979) 779-0575 Facsimile
0 SBOT: 24007265
ATTORNEYFORDEFENDANT
0 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion bas been delivered to
0 the prosecuting attorney on the date it was filed.
0 ~17-
fJ ORDER
0 On this the_ day of _ _ _ _ _ _ _ , 2012, came on to be considered the above
and foregoing Defendant's Motion to Suppress
D Statements and said Motion is hereby GRANTED/DENIED.
0
JUDGE PRESIDING
D
0
[J
0
0
0 Page 12
0
0
0 CAUSE N0.12-03324-CRF-272
u THE STATE OF TEXAS
VS.
X
X OF
-n DAVID GREER X BRAZOSCOUNTY,TEXAS
:0 DEFENDANT'S MOTION TO SUPPRESS
(SEARCH OF PERSON AND/OR PERSONAL BELONGINGS WITHOUT WARRANT)
0 TO THE HONORABLE JUDGE OF SAID COURT:
·0 Now comes the Defendant in the above styled and numbered cause, and files this his
Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court
the following:
:0 I.
Members oflaw enforcement did then and there search Defendant's person and/or
:Q personal property and did seize alleged contraband belonging to Defendant without a warrant
and:
0 1) without reasonable suspicion;
2) without probable cause;
0 3) without exigent circumstances;
4) without said seizure and/or search being reasonably related to the time and scope of the
0 initial detention;
5) without Defendant's consent;
(1 6) upon purported consent of Defendant which was given involuntarily and as the result of
coercion;
0 7)
8)
upon purported consent of a person(s) who had no authority to give consent; and/or
upon purported consent of a person(s) who gave such consent involuntarily and as the
D result of coercion.
0 Wherefore, Defendant prays the Court to set this Motion to Suppress for hearing and,
upon hearing evidence adduced in support thereof, fmd that such search and seizure were
0 unlawful and in violation ofthe Fourth Amendment of the United States Constitution and Article
0 Page 13
..
n
fJ 1, § 9 of the Texas Constitution, and order that all evidence obtained as a result thereof be
suppressed and excluded pursuant to the exclusionary rule and Code of Criminal Procedure
rJ Article 38.23(a).
0
D Earl Gray
103 N. Main Street
0 Bryan, TX 77803
(979) 8224759
(979) 779-0575 Facsimile
SBOT: 24007265
0 ATTORNEY FOR DEFENDANT
0 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
0 the prosecuting at!Dmey on the date it w~~
0 Earl Gray
0
'0
0
[J
0
0
0
0 Page 14
0
0
n CAUSE NO. 12-03324-CRF-272
THE STATE OF TEXAS X
0 vs. X OF
;.'.D DAVID GREER X BRAZOS COUNTY, TEXAS
'LJ
:o DEFENDANT'S MOTION TO SUPPRESS
(INVALID SEIZURE/ARREST/RESTRAINT/DETENTION WITHOUT WARRANT)
,n
itJ TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the defendant in the above styled and numbered cause, and files this his/her
tO Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court
the following:
:0 I.
Defendant was involuntarily seized, arrested, restrained, detained, and/or taken into
:0 custody without warrant by law enforcement members whom:
1) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
:o custody have probable cause and/or reasonable suspicion to believe that the Defendant
was in a suspicious place;
.0 2) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
custody have probable· cause and/or reasonable suspicion to believe that the Defendant
'0
I . had committed some felony or breach of the peace;
3) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
0 custody have probable cause and/or reasonable suspicion to believe that the Defendant .
was wanted in connection with a completed felony;
0 4) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
custody have probable cause and/or reasonable suspicion to believe that the Defendant
0 had committed an assault resulting in bodily injury to another person and that there was
danger of further bodily injury to that person;
0 5) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
custody have probable cause and/or reasonable suspicion to believe that the Defendant
0
0 Page 15
[J
n'
L_
0 had committed an assault resulting in bodily injury to a member of Defendant's family or
household;
0 6) did not, at the moment of such seizure, arrest, restraint, detention, and/or taldng into
custody have probable cause and/or reasonable suspicion to believe that the Defendant
B had committed the offense of Violation of a Protective Order, as defmed by Texas Penal
Code Section 25.08;
0. 7) did not, at the moment of such seizure, arrest, restraint, detention. and/or taking into
custody have probable cause and/or reasonable suspicion to believe that the Defendant
n was in possession of a weapon and constituted a threat to said law enforcement members
or others; and/or
nJ 8) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into
custody have probable cause and/or reasonable suspicion that the Defendant was
[J committing an offense within the officer's presence or view.
0 Wherefore, Defendant prays the court to set this Motion to Suppress for hearing and,
upon hearing evidence adduced in support thereof, find that Defendant's seizure, arrest, restraint,
detention, and/or taking into custody was unlawful under the- 4th Amendment of the United States
0 Constitution and Article I Section 9 of the Texas State Constitution, and order that all evidence
Q obtained incident to, pursuant to and as a result of such unlawful seizure, arrest, restraint,
detention, and/or taking into custody, whether tangible or intangible, and/or any oral or written
statements made by Defendant, at the time of or following such unlawful seizure, arrest,
D restraint, detention, and/or taking into custody be suppressed and excluded pursuant to the
exclusionary rule and Code of Criminal Procedure Art. 38.23(a).
0 Respectfully submitted,
0
0 Earl Gray
103 N. Main
. Bryan, TX 77803
eet
(979) 822-4759
0 (979) 779-0575 Facsimile
SBOT: 24007265
ATTORNEY FOR DEFENDANT
0
0 Page 16
u
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
the prosecuting attorney on the date i~~
. Earl Gray
.0
:0
:o
fo
0
0
0
;0
D
Page 17
[J
} ';
1
CAUSE NO. 12-03324-CRF-272
ffiE STATE OF TEXAS X
vs. X OF
DAVID GREER X BRAZOS COUNTY, TEXAS
DEFENDANT'S MOTION TO SUPPRESS
(SEARCH OF VEIDCLE)
TO THE HONORABLE JUDGE OF SAID COURT:
\ Now comes the Defendant in the above styled and numbered cause, and files this his
J
Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court
the following:
I.
·Members of law enforcement did then and there enter and search Defendant's vehicle and
did seize property belonging to Defendant without a valid search warrant and:
1) without reasonable suspicion;
2) without probable cause;
3) without exigent circumstances;
4) without Defendant's consent;
5) outside the time and scope of the alleged reason for initial detention of the Defendant;
6) upon purported consent of Defendant which was given involuntarily and as the result of
coercion;
7) upon purported consent of a person(s) who had no authority to give consent;
8) upon purported consent of a person(s) who gave such consent involuntarily and as the
result of coercion; and/or
9) when Defendant's vehicle was not actually or readily mobile.
!1 In addition, any search of said vehicle pursuant to any search warrant executed
if
.l
if
Page 18
on the date of the offense exceeded the scope of said search. warrant.
Wherefore, Defendant prays the Court to set this Motion to Suppress for hearing and,
upon hearing evidence adduced in support thereof, find that such search and seizure were
El
unlawful and in violation of the Fourth Amendment of the United States Constitution and Article
0 1, § 9 of the Texas Constitution, and order that all evidence obtained as a result thereofbe
suppressed and excluded pursuant to the exclusionary rule and Code of Criminal Procedure
Article 38.23(a).
0 Respectfully submitted,
:f]
0
~ Earl Gray
103 N. M
· ·
treet .
Bryan, TX 77803
(979) 822-4759
(979) 779-0575 Facsimile
SBOT: 24007265
0 ATTORNEY FOR DEFENDANT
0 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been delivered to
the prosecuting attorney on the date it~
D
0
0
0
0
0
Page 19
0
No.
THE STATE OF TEXAS
COUNTY COURT AT LAWN
BRAZOS COUNTY, TEXAS
ORDER APPOINTING ATTORNEY
I hereby appoint _ _ ft~. . -'r- - '('- -_u=·"-a~·. . .:. ,_. ;. .A~-\f-1_____ ,
tv"--"-' an attorney found by the
Court to be competent, to represent the defendant in the above numbered and entitled cause, and to continue
to represent the defendant until the case is concluded, including appeal, if any, or until released by written
order of this Court.
SIGNED on this { f day of___,/---=-.fl/\_/U----H-?=- ,?0 {2 .
PRESIDING JUDGE
Copy was: 0 Mailed to: HIJ:&to:
:\---r-t1 05{)
'Yn!J
(j LL Cfl'S~ 1
/'
Attorney Appointed Address Phone Number
Copy was: D Mailed to: ~Delivered to\)ai /
Defendant Address Phone Number
Original to:
Copies to: g~~~~~::y~CLL .??.,~L!:!,p,rtm a 0 or N/A in the blank A'
RenVHouse payment $ " r Food 7 $~0 Utilities $__·_ Telephone $_'-/__
$W"' ': $~ Ch~d care
$*=
Fuel/Maintenance Cell Phone $____LZ_ School Lunches $.4::,_
School tuition ~ Church $L_ Credit Cards $- Doctor/Dentist ~ r-
Medical Insurance $£_ Auto insuran-ce Ufe Insurance $~ Auto payment $~
Other transportation $_1"__ Haircuts/Nails $ Bank Loans $~ Cable/Satellite $~
Furniture payments $ t' Entertainment $ Oothing $ v Child Suzrt v .J
Other (Describe) $L_ Other (Describe) $ ?) TOTAL MONTHLY EXPENSES: $ t / --
Section 3: Miscellaneous Information ///" /J\
Are there any co-defendants in your case? QYes no IT ~. ,.1: /""
/_,\1,._~-"----+-(\-a-,.--';;.<-.."-tfj~';..tC':......:..._ _ _ _ _ _ _ _ _ _ _ _ __
If yes, please name co-defendants to avoid attorney conflicts.{:......:...
c leone) attempted to hire an attorney. The names of the attorneys I have contacted are as follows:
z6t ~,/'7
c~~~~~~~----------
References: Ust the name address and telephone number of 3 individuals who are able to contact_you reg_ardinc vour case.
Name Phone number with area code Address Relationship
//" / ~ / A/' /
ff ff. ff / ~ /
§'( /7.(
.....~
/f /2'_ #"/
Section 4: Oath
I do hereby swear that the information given above is true and correct. I understand that making a false statement under oath to the
Court is perjury, which is a criminal offense for which I can be punished by imprisonment in the Institutional Division of the Department of
Criminal Justice for 2 to 10 years, Fined up to $10,000.00, or
both. I also understand that this Application will be filed of record and that
it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk.
a':2"""'
I have been advised of my right to an attorney in the prosecution of the charge pending against me. I certify that I am without means to
employ an attorney of my own choosing and I hereby request the court to appoint an attorney for me. I have been further advised that
my failure to answer all questions above will result in the denial of a court appointed attorney. Accordingly, I certify that I have
aod ...,, =efully '""""" my ·~ '" ""';--"'
A
endant's Signature
~- _(
Date
-f/=/Z:
On this day, personally appeared the above-named defendant, who stated under oath that his/her answers to this Affidavit are true and
correct. ·
SUBSCRIBED AND SWORN TO BEFORE ME on this the _ _ day of --------------~200
\
------· -~~----~------
Notary Public, State of 1 exas
Deputy Clerk
Application
Page 22
0 P. 1
* Communication Result Report ( May.17. 2012 3:30PM) x : · *
0 Fax Header) Brazos County Ma,istrate 1
Dale/Time: May. 17. 2012 3:25PM
0 Fi 1e
No. Mode D t' t' Page
---------------------- es 1na 1on Pg(s) Result Not Sent
~a 8206 Memory TX ----;~~;~~~~----------------------------;~----------;~------------------------
:0
0
0 ------------------------------ --------------------------------------------------------
Reas.on for er,ot ------------~-
E. 3l
E.l) Ha.na VIJ or line fail
No a.nswe r E. 2) Bu•y
0 E. ~ Exceeded rna E -ma. s z e
)C., i I i E.4) No facsimile connection
0
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P'"""l"'"" ..oqo "'{{ "!~PJ>>Ijl JU=olo.l 0) 'luo-DO "'! 03 P1UO
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0
0
Page 23
0
0 ·.:'• ···....
.
-, . ' .
~ . . '. '
0
• •. /r '• •
<. • •
.·. '
. .'
;
.
Lo.w
0 Earl Grny
Anomry
1. oa N. 77803
Jay Granberry
AttllmiO'
noaro Cl!rtified Criminal Lnw DD4rd Certlfled Criminal U1w
Dan Jones Amanda Jouett
Anomcy Attorn"¥
Ma.y 18, 2012
District Clerk
(Via Fax: 361-0197)
RE: Tbe State of Texas v. David Duane Greer
Cause#: Unindietcd
Dear Court Coordinator:
!D'
iD
the above referenced defendant. I have sent a etter to
possible to set up an appointment.
rer
The purpose of this letter is to advise y u that I re eived notice that I was appointed to represent
1
advi1
ing him/her to contact me as soon as
.
Thank you for the opportunity to repre ent the above mentio[ed defendant.
:0 Ja'~re~l~~._,L._..
Earl
---····---
cc: Magistrate Court
cc: District Attorney's Office
:0
0
0
0 Page 24
0
0 ~ .' . -~
. .
-o ..
. '
;,
.
' ~
'
~
',
.
0 Karl Gray
Attclrncy
Jay Granberry ·
Attoml!)'
Board Cortlficc! Criminal Ulw lloard Certlftcd Criminal L3w
Dun Joneli Amandu Jouett
Alto may - Attorney
July 25, 2012
272"d District Court
Attn: Lisa Parker; Court Coordinator
300 East 26th Street
'0 Bryan, TX 77803
RE: The State ofTexas v. David Duane Greer
0 Cause No: 12"03324-CRF.:.272
0 The above named defendant is set in the 272"d District Court of Brazos County for an Arraignment and
Pretrial on July 30. 2012. Counsel is re~uesting said Arraignment and Pretrial be reset for the reason that
Counsel's presence is required in the 85 District Court for a Preferentially set Jury Trial in The State of
.0 Texas vs. Kenneth Lloyd Holmes; Cause No: 10-05180-CRF-85.
If you have any questions, please contact me at the number above. As always, thank you for your time
and consideration in this matter.
0
0
0
0
0
0
0 CC: DISTRICT ATTORNEY'S OFFICE
VIA FAX: 1361-4368
0
0 Page 25
0
D
0 NO. 12-03324-CRF-272 I'!
AUG 10 2012
~""·
[l STATE OF TEXAS §
§
IN THE DISTRICT COU
vs. § 272ND JUDICIAL DISTRICT
0 DAVID DUANE GREER
§
§ BRAZOS COUNTY, TEXAS
0 MOTION FOR SPEEDY TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
[]
Now comes David Duane Greer, Defendant, by and through undersigned counsel, and
0 moves the Court for a speedy trial in this cause, and shows the following:
1. David Duane Greer is guaranteed the right to a speedy trial under the Sixth and
0 Fourteenth Amendments to the United States Constitution, Article I, Section 10 of the Texas
0 Constitution, and Articles 1.03(3) and 1.05 of the Texas Code of Criminal Procedure. See
Doggett v. United States, 505 U.S. 647 (1992); Strunk v. United States, 412 U.S. 434 (1973); and
0 Barker v. Wingo, 407 U.S. 514 (1972). See also State v. Munoz, 991 S.W.2d 818 (Tex. Crim.
0 App. 1999).
2. David Duane Greer was arrested on May 14, 2012 for a crime which allegedly
0 occurred on February 16,2012. Trial has not been scheduled.
0 3. David Duane Greer will be prejudiced should trial not be held as soon as possible,
for the reason that David Duane Greer has been incarcerated in the Brazos County Jail since May
0 14, 2012. He has been unable to make bond in this case. David Duane Greer maintains his
0 innocence to the offenses charged.
WHEREFORE, PREMISES CONSIDERED, David Duane Greer moves that trial in
0 this case be scheduled as soon as possible.
0
0
.Page 26
0 !
n
D Respectfully submitted,
Gray, Granberry & Jones
D 103 N. Main St.
Bryan, TX 77803
Tel: (979) &22-4759
0 Fax: (979) 779-0575
0 By:_h:!f%4.-A...:~~~g.....""""'------
Ear Gray
State Bar No. 24
0 Attorney for Earl Gray
0 CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document was
0 served on the District Attorney's Office, Brazos County, Texas, by hand delivery on the date it
was filed.
0
0
0
0
0
0
D
0
0
0
Page 27
0
0
n X
n kA
X
X
DISCOVERY ORDER
On this day the above numbered and entitled cause was called for a pretrial hearing. The defendant,
defendant's attorney, and the Assistant District Attorney representing the State appeared. The Court hereby
orders that the State produce and permit the inspection of, and the copying and/or photographing of the
following items: . _
0 I. All statements by the Defendant pursuant to Tex. Code Crim. Proc~·Af!.~~.iitdhi¥i.tH·written statements
made by the Defendant in connection with this offense with which the Defendaiifis herein charged.
2. All objects and tangible property taken by the State during the course of its investigation of the offense
with which the Defendant is herein charged, and any items which may be introduced at trial.
0 3. Any written waivers or consent forms signed by the Defendant.
4. The name of the case agent who investigated this case.
5. The prior criminal record of the Defendant including all arrests and convictions whether as a juvenile
0 or as an adult. ·
6. All final adult felony convictions and misdemeanors of moral turpitude on the part of all witnesses called
by the State.
0 7. A complete list of any and all extraneous offenses by the Defendant, evidence of which the State could
offer as exception to the general rule prohibiting proof of extraneous offenses, pursuant to Tex. Rules
Crim. Evid. 404(b).
8. Any exculpatory and/or mitigating evidence within the possession, custody, or control of the State, the
0 existence of wh1ch is known, or by the exercise of due diligence may become known to the State. .
9. Any photographic lineups shown in the course ofthe investigation of this case.
I 0. The final results of any laboratory test or any other analytical test pertaining to evidence in this case.
0 II. Copies of any prior convictions of the Defendant which may be used for jurisdictional, enhancement, or
impeachment purposes.
12. All photographs taken, or used, in the course of the investigation of this case.
0 ~-~-,;fi}~~~i~iF~-~~~~~:- _ _ _ _ --,~4~~~~ti;~#A~tit.~~m~~~1~-~~~~r~&iii~ ~ .
--..dll1)'..Q_n_ili_~_,part•of the-State to d1sclose ilie names of retuttal Witnesses as soon as tney become known.
14. All statements made by any party or witness to this alleged offense, whether written or oral, which might
0 in any manner be material to either the guilt or innocence of the Defendant or the punishment, if any, to
be set in this case, pursuant to Tex. Rules Crim. Evid. 615. .
· 15. All handwritten and typed reports prepared by peace officers who investigated and participated in any
manner in the preparation of these charges agamst the Defendant, pursuant to Tex. Rules Crim. Evid. 615.
0
0
0 Discovery is to be completed within a reasonable time before trial, with the State being under a continuing
duty to supplement with any of the above items that comes to its attention.
0
0
0 Page 28
[I
n
0 CAUSE NO. 12-03324-CRF-272
STATE OF TEXAS § IN THE 272N° DISTRICT COURT
§
vs. § OF
§
DAVID DUANE GREER § BRAZOS COUNTY, TEXAS
MOTION FOR DISCOVERY OF EXCULPATORY AND MITIGATING EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the Defendant, DAVID DUANE GREER, by and through the undersigned
counsel, and respectfully moves this Court to order the State to disclose all evidence in its
possession and in the possession of its agents, which is both favorable to Defendant and material
either to guilt or to punishment, including impeachment evidence.
1. Such disclosure is required by the Due Process Clause of the Fourteenth
Amendment to the United States Constitution. See Brady v. Maryland, 373 U.S. 83, 87 (1963);
see also United States .v. Bagley, 473 U.S. 667, 675-78 (1985). Disclosure is also required under
the Due Course of Law provisions of Article I, §§ 13 and 19 of the Texas Constitution.
2. Rule 3.09(d) of the Texas Disciplinary Rules of Professional Conduct requires
prosecutors to "make timely disclo~ure to the defense of all evidence or information known to
the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in
:[l
' connection with sentencing, to disclose to the defense and to the tribunal all unprivileged
:0 mitigating information known to the prosecutor, except when the prosecutor is relieved of this
responsibility by a protective order of the tribunal".
'0 3. This motion seeks a Court order instructing the State's attorney to make available
:0 for Defendant's inspection and copying or photocopying all evidence meeting the following
criteria:
'0
u
.0 -' -···-~~-·-------·- ·-.-- . Pag~ ~9. ·------~----
0
0 a. evidence or Information within the possession, custody or control of the
State ofTexas, or any of its agencies, and which is known to be in existence or by
0 the exercise of due d.iligence may become known to the State's attorney, and
·8 b~ .which is fuvorable to' theDefendant on the issue of guilt or innocence, or
c. · which may_ tend · to mitigate or lessen punishment in the .event the
D _ Defendant is fotind :guilty. Brady v. Maryland, 3J3 U.S. 83 S. Ct. 1194, 10
0
- "-'
L.Ed.2d. 215 (963).
D I
4. The request for Brady material includes, but is not limited to the following:
~y ~<:}
.0 a. all audio and or video recordings of the Defendant, David Greer
of _tl:J.e inves!igation for· the charged off~nse which was to have occurred on or
0 ~bout February 16,2012.
b. Any and all audio and or video recordings of-· the co-defendant, Monishia
0 Campbell
...______
-----··
..
of the --.
investigation
. .. .
-~----~·····-········
. .
for the charged offense which.. was
~ ...,.
to have
~ ·'
occurred
.. ... . . . ····-·
·0 (),[1 or about February 16, 2~1?.
c. The inventory listing collected and or seized and description of all items
0 from David Duane Greer on or about February 16,2012.
0 d. The inventory listing collected and or seized and description of all items
from Monishia Campbell on or about February 16,2012.
0 e. J.\ny and all a.u.~~?... ~!!.~ ..<:>~ video ~ec()~<:Iings of the Defendant, David Greer
0 of_the investigation fo~ ~he.. ~_harge<:} offense. whic_h was t? _have occu.r:~d on or
about May 14, 2012.
0 f. The inventory listing collected and or seized and description of all items
0
0
0
from David Duane Greer on or about May 14,2012.
g. The names and addresses of all persons who have, or who may have,
0 information favorable to the Defendant.
0 h. The names and address of all persons interviewed by the State in
connection with this case, but whom the State does not intend to call as witnesses
fl in this case.
0 1. Any information which may tend adversely to effect the credibility of any
person called as a witness by the State, including the arrest and/or conviction
0 record of each State witness, and including any offers of immunity or lenience,
'0 whether made directly or indirectly, to any State's witness in exchange for
testimony.
!0
WHEREFORE, PREMISES CONSIDERED, David Duane Greer prays that this Court
:0 order the State to disclose all exculpatory and mitigating evidence in its possession.
0 Respectfully submitted,
Gray, Granberry and Jones; Attorneys at Law
103 N. Main St.
0 Bryan, TX 77803
Tel: (979) 822-4759
Fax: (979) 779-0575 .·""'
0 .---7.;
~
0 By:
WI~····
.-'
State ar o. 24007265
0 Attorney for David Duane Greer
0
0
0 .. :_P~_g~ _31
0
D
0 CERTIFICATE OF SERVICE
I hereby certify-that a true and ~rrect copy of the foregoing Request has been delivered
D to the prosecuting attorney at the Brazos County Courthouse on the date~led.
/~/~ / /
B EARLen:Y _:_ . .
n-
D
0
0
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0
0
0
0
0
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0--- -·····-·· -·-····-···---·--·--········· ··------· ····•····· Page_3.2.. .·-- .
0
n
u
0
TilE STATE OF TEXAS
0 Vs.
1Av1'c\ Di-to__n e..
To: The Sheriff of Brazos County, Texas
Brazos County, Texas, effective at ---+:-'-':---'.-'-.I....<;.......J,::t~
201.:1::=:_ relating to the offense(s) of
':........~to serve a term of _ _ _ ___............>--L-.........,.--+---"-"..__'-------
-.;:---in the Brazos County Jail
~j in the Institutional Division of the Texas Department of Criminal Justice
_ _ _ in a State Jail Facility
_ _ _ as a condition of community supervision
_ _ _with referral to the State Boot Camp
_ _ _ work release is authorized
_ _ _ each SUM T W Th F Sa from m. until m.
_ _ _according to the schedule _ _ __
___to be held in the Brazos County Jail
_ _ _without bail, until further order of this Court
_ _ _until transported to a Substance Abuse Felony Punishment Facility
_ _ _pending appeal from his conviction of a felony .
_ _ _until sufficient bail is posted in the amount of$. _ _ _ _ _ __
-....,--- in cash or surety bond fonn
_ _ _ in personal bond form
0 _ _ _upon the attached conditions;
__,._ _t.o be released from custody on the above charge(s)
without conditions
-~_,___CREDIT FOR TIME SERVED
0 _ _ _UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to
pay court costs of$
fine of$
; attorney fees of$ _ _ _ _ __
; restitution o f $ - = - - - - - - - - -
lay-out court costs of$ ....?c:GI CO
& /7J
0 _J r •
_ _ _TO RUN CONCURRENT W I T H - - - - - - - - - - - - - - - - - -
_ _ _S,PECIAL INSTRUCTIONS:
0 _ _ _YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING This ·Court Order.was
ON THE FIRST DAY THAT YOU REPORT TO JAIL. FAILURE TO
0 COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED A..ND
STRAIGHT TIME ORDERED. Defendant's i n i t i a l s - - - - - -
·\~)~
0 SIGNED this the - d
0 Presiding Judge
. ~~9~ . ~~·-- ..... ___ ___
....
0
n
0 CAUSE N0.12 -C -~:~·= 4- ~ (_[.:. '~~·;;,..\\• ltf ()
('c) ... '1'V
0 THE STATE OF TEXAS § . IN THE J:.fJ- DISTRICT C~RT ~,
B
~
~ OF BRAZOS COUNTY, TEXAS-·
·. {);v7'~
.· . . u
O
[l TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
1. Judge of the trial court, certify this criminal case:
0 ~ Is not a plea-bargain case, and the defendant has the right of appeal. [or J
o is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial
0 and not withdrawn or waived, and the defendant has the right of appeal. (or]
o Is a plea-bargain case, but the trial court has given permission to appeal, and the defendant
0 o
has the right of appeal. [ or]
Is a plea-bargain case, and the defendant has NO right of appeal. [or]
0 o The defendant has waived the right of appeal.
0 0:,' ""{~
0
0
0
0
State Bar o exas 10 number:,_ _ _ __
0 Telephone number:----'-----
Mailing address: _ _ _ _ _ _ _ __
Fax number (if any): _ _ _ _ _ __ Telephone number. _ _ _ _ _ _ __
0 Fax number (if any): _ _ _ _ _ _ __
• "A defendcnt in a criminal case has the right of appeal under these rules. The bial court sl'iall enter a certification of the
0 defendant's right to appeal in every case in which it enters a judgment of guHt or other appealable order. In a plea bargain case-
that is, a case in which a defendant's plea was guilty or nolo contendfe and the punishment did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) !hose matters that were
raised by written motion filed and ruled on before trial, or (B) after getting the trial courfs permission to appeal." TEXAS RULE
0 OF APPELLATE PROCEDURE 25.2(a)(2).
Page 34
0
0
,., :TfTJl-1: i.-:~:.:---~-\
0 No. 12-03324-CRF-272
\f)·.~.J-1-~ ::,-,,n:
;
; w;r: i jj
-··..
'ln1?
,-•1
;
0 THE STATE OF TEXAS 272ND DISTRICT CJ TPT,/)~h.~:h~:-:-·;
~~_f;JJJ
. ~: t. \l
0 vs. IN
DAVID DUANE GREER BRAZOS COUNTY, TEXAS
ll ORDER APPOINTING ATTORNEY ;-__ ;_.; ·' 'l
__ , __ :·ti 1
0 l
\
On this November 15, 20 l2, let it be known that the Court found good cause to re
0 the court appointed attorney from this case. . •'
It is therefore, ORDERED, ADJUDGED AND DECREED, that EARL GRAY, a
:0 licensed attorney by the State of Texas is hereby released in this case and no longer represents
:0 DAVID DUANE GREER, Defendant in the above numbered cause(s).
On this November 15, 2012, let it be known that this Court found good cause to appoint
0 an attorney to represent the Defendant in any post-conviction writ and/or appeal proceedings in
the above numbered cause(s).
~o I hereby appoint MARY HENNESSY, an attorney found by the Court to be competent,
to represent DAVID DUANE GREER, Defendant in the above numbered and titled cause in any
0 post-conviction writ and/or appeal proceedings, if any, or until released by wdtten order of this
Court.
:O
. .
SIGNED on Thursday, November 15,201
·o
0
0
0 Order Appointing Attorney
0 Page I of2
:Page 35
0
n
0
0
·B Copy was: D Mailed to: D Delivered to: D Transmitted by fax to:
MARY HENNESSY 403 Alamo St. 979-277-0757
.o Attorney Appointed
Brenham, Tx 77833
Address ·
FAX: 979-277-0030
Phone Number
-o Copy was: D Mailed to: D Delivered to: Custody status:
:0 DAVID DUANE GREER
IN JAIL
Defendant Address Phone Number
:0 Copy was faxed to Office of the Brazos County District Attorney
VIA FAX NO. (979) 361-4368
,Q
·0
'0
0
0
.0
0
0
0 Order Appointing Attorney
0 Page 2 of2
Page 36
.o
P.
C0 r.-,rr un ; cd i on Re su1t Re:· o r t ( No v. 1?. L012 i 0: 34MA ) " 1:
0
1) Or~::~ c~~nty 272~d D• ~t Court
2)
Dd-e /T i me : Nov. 15. 2012 10: 33AM
0 Fi 1e
N:J. Mode Des! ina! ion Res u1:
Page
Not Sent
8961 Memory TX 91--979-27/-0J30----9581832 P. 2 OK
DISTRICT ATTORNEY OK
·o
R~a.$(1 1C·r ~rrC"r
1) Hang up or line "fa.tl E. 7) Bo~sy
3) No a.r~vre• E.4) No id.L:.imilt: t:onnection
5) Exct:c:dt:d ma.x. [·mail ~•.:e
TilE STATE OF TEXIIS 272ND DIS11Ucr COORT
vs D.'
DAVID DUANE GREER BltAZOS COUNIY, TEXAS
ORDER Al'l'OlNTING A'ITORNEY
On this November· 15, 2012, )Ot it be. blown lbar the Court found t;ocd cau.Jt" 111 sdcaP:
lhD oourt ~pojncc4 a.1tCmoy hom Ibis case.
It is 1hcrd'oae. ORDERED, ADJUDGiiD AND PECREED, that EARL GRAY, •
lic:cnm! l'llllomcy Py 1bc Snd:e of Texas is llz:Rb:y ll:l:a:s:t:d in 1his case a:nd no lonptr tt:pie$01U
DA VW I'JUANl:: 0~ , ~ftouwtan1 in lht:. abate 1'1bJnberej C3\Ue(a).
C'blthisND¥anbcr lS. 2012,. tet it bcknoWD Jblt dnr CourtfOWld eond.caQSC":.to appoird
n IIIU>mc;f "' lCf"==' rh: Ddcndanlln lUIJ' poso-amviclian Wlit ami/or app:al """""'llinzo in
1hlo .oove lllllllbacd """'c(•).
0
l b=by oppoilll MARY HI!I\'NESSY,.., ollunJ/1 z, CRi/!'18ei\H/
,0 6 C:~LLJe,f/o Cot3o5
·o
9 l'f'o6ei(T 13, /-1/1 s/1
.0 10
11
v,'c!oR//l /. C/tRTeK
Lu/s C. £s-hNo
r2 Lv C/t5 J. I,RV/~
tD 13 _ _ _ _ _ _ _ _ _ _ _ _ _ __
14 _ _ _ _ _ _ _ _ _ _ _ _ _ __
0
\1
Q__P_""'_r_-e_or=_r,r,_,_"~~_i._/I-·/_'J_-~_o._.,,.
•:""=~-. ,:-. ... ~~-:-:-.,-..:--l\B,m.--==:--•:-;;-li\Jif':~oi.,:=-~.-:••·..:..~~\j.:#&.-="i:--·~~-:.~--••~~··~·-·•a. 'o"JORT.''""•' ··1~'· . . . •,~-·-- -~~f •
_ _ _ _ _ _ _-·~-·--~-·- ·
!0
:o
0
0
0
0 :Page 38
LJ
>In·-~
'!
I
I•_; 16-2892
.
li No.12-o35 ;;l/-c,RP~J;l ~
~ ~
,
I.J
• THE STATE OF TEXAS,
vs.
It
,.=1 011vi{) /Jv/I~Ye CReel.
:~
~·
~~
~
0)
M
!l~~: - - - - - - -- C1)
en
Defendant. m
~I
D.
JURY CHOSEN
I·J1,_,
FILED
[\}0\le~c 10
I
.
:~·I .['',,c...rc.
\['.. -1-\c;.m \; o
I
,..'
,,!
•··
'
·~ .I
-.
-~
epuly. ~~,;1
'
1• .
·:. ;~~1
Y/
~-:
~ r.:_ _______ , ~ ;_-_____ ::oiL ~~ ~_::~ ~
,...--:-"1 ~":1 ~:--'\ ~~ (."~ ~~ ~~.;.,"") I-·------~ ~:""1 ~~ t:;. _______ ::-.?\
STATE OF TEXAS ·.
I
Vs
DAVID DUANE GREER
[J\ 12-03324-CRF-272
8
0
0
0
0
0
0
.Q DEFENSE STRIKES
-~-U~Rf ---- ---~-~!
-
0
/?:'~~
~t:=~~::;j;d. EXCUSED
Juryw.,,.lttiOOot
0 November 13, 2012.
Remaining panel dismissed at
the same time.
0 Ernie J. Montoya,
Bailiff
0
0
D
lJ Page 40
0
n STATE OF TEXAS
Vs
DAVID DUANE GREER
12-03324-CRF-272
November 13 2012
46. JOHN JOSEPH 61. ' 76.
0 ALBERNAZ
47. OMER LLOYD
EVERETT
62. 77.
48. JEFFREY MA IT 63. 78.
:0 WATSON
49. VENESA ANN HEIDICK 64. 79.
:0
50. ERIC KARSTEN 65. 80.
BARDENHAGEN
51. JULIA ANN GOOD. 66. 81.
0 52. BEVERLY THOMPSON
KUHN
5J . .I\J't:J-H..I:i HIU n n ~.-
67.
68.
82.
83.
--- !/l,'oo/1
:0 54.~:..!Lf'l-l
~
SS:-8€ t.B v r~n v
·~
"") !l'I>IJ
70.
69. 84.
85.
~ ) //.''/511
,o :Jo. U"HLIST(NF ~
T~~LL
) I.
) 1/''IS/i
mADART~ 72.
71. 86.
87.
NTCl. I 1/:ooll
1D· 5~ND.
A...LJ,Gm ...,.~utK
.___-/_ 73.
) //ys/1
88.
)9:-RlillNDA JO~ 74. 89.
I /l:y.>/1
·D
In!-
ov. ~ER PFTTIJ:. __., 75 . 90.
.J:ll.!.Q-&h. 1 l1 ) //."/§'#
STATE STRIKES
DEFENSE STRIKES
!0 t:::::.-c::::q=:~ EXCUSED
Jury was selected at /J,''Isf
November 13, 2012.
0 Remaining panel dismissed at
the same time.
Ernie J. Montoya,
·.fl
.u Bailiff
---·-------· '• ...
~o
0
0 Page 41
0
n
0
:8
iO 7 221163 .
221421
MANCHI
SCHLECHTE NICH~~S
EDWIN
iAI\IN
May 22 1987
.7 •n<>"
8
LAND February 8, 1949
10 223160 SMITH ROBERT
ld 17, lr. '"
LAURIE November 30 1946
13 224679 SCHLITTER REBA
iO -
15
\'>'lAQ"ZIO
224893
loo ~•c
GAUMBERTTI
'('"'
MARISA
lt::l ·~·c::
z
·~
"""
Al!QUSt 6 . 1952
16 225220 COBOS GILBERTO February 21, 1955
17 226198 HOLT MICHAEL LEE September 29 1952
'" ·~..,,...,,.., ~r ln.- ,,..,.. ~'2"1 10lU
rTn.hlY_ '"'.A Hl51l.
20 226494 SMITH KEVIN SCOTT September 9 1966 ---..
22 226615 PARKER BRENT KEITH July 29 1957
23 226666 HENRY SARAH ANN December 12 1985
24 227248 MCINTYRE DAVID p July 22 1954
'>o::: j.-,07'>"<7 ~ VI\Mt::
26 227331 HASH ROBERT BRUCE May 28 1957
27 227377 FROSCH CAROL BROWN June 2, 1949
29 227575 CARTER VICTORIA RAY December 12 1957
30 227586 MOORE SHARON ALICE November 19 1956
31 227663 FREDERICK PAULA KATHRYN A_pfil14, 1970
32 227670 ESPINO LUIS CARLOS October 6 1988
0 33
34
1
227689
227799
IRVIN
MOORE
LUCAS
CASEY
JAMES
JOE
November 24 1982
November 22, 1982
0
36 227995 STECKMAN BETTY UTECHT May 30 1950
37 228069 ARIAS ANTONIO July 21 1963
38 228100 PFITZER ANTHONY D. September 24 1956
39 1228234 NELSON NANCY HICKS July 18 1947
~40~f-2=2=87=8~8~-fB~O~O~N=E__________-fKA~R~E~N~-------fK~·------------~D~e~c~e~m~b~e~r2s.~1~9~55~~-
41 228937 DAVIS JAMES A June 29 1960
42 228969 FORD VIRGINIA A June 15, 1965
0
0
0
0 Page42
n _(
43
44
Summons
1
229176
229203
last
!BARKER
HAQUE
N~mc Firsc Name
COREY
MOHAMMED
Middle Name
MICHAEL
ENAMUL
Date of Birth
Mav 17, 1974
Auoust 3 1959
0 45
46
47
229285
229379
229398
STRONG
ALBERNAZ
EVERETI
STEVE
JOHN
OMER
A
JOSEPH
LLOYD
June 13 1960
July 31 1960
January 9 1947
48 229425 WATSON JEFFREY MATT September 20, 1971
D 49
50
229430
229545
-~z::;o::;4
HEJDICK
BARDENHAGEN
______ '1(;;000 ··-- -- ... ..
VENESA
ERIC
JULIA
ANN
ii----~· t ;:..
l\(t~/'
..,.....
.. I
~--
..
:;
E
~
Summons Last Name First Name Middle Name Date of Birth
)
1 218979 cox KATHRYN PATRICIA October 25, 1965
2 219062 NIETO LORYNN MARTINEZ December 13, 1972
.,. [.,
- IDII IA.IO .
4 220044 SPARKS JEFF SCOTT AUQUSI 22 1967
5 220079 KELLING RONALD DANIEL March 1."1958
J 6 220913 CESSNA ROBERT RANDALL October 31 1952
7 221163 MAN CHI MALATHI REDDY May 22 1967
8 221421 SCHLECHTE NICHOLAS EDWIN May 22. 1987
:l
9 222554 WELSH HALLEY ANN March 7 1986
J 10 223160 SMITH ROBERT LAND February8, 1949
11 223308 SLOVAK BOBBY JOE March 21 1950
12 223333 BERNAL ELIZA G Jul}' 2 1971
'0 ,,., ·~..,,.,
I SCHI ITT.J;;J;L REBA . '](\ '"''"
14 224879 BLAIR JACQUELINE MARIE July1,1961
15 224893 GALIMBERTTI MARIS A z Auqust 6, 1952
16 225220 COBOS GILBERTO February 21, 1955
17 226198 HOLT MICHAEL LEE September 29 1952
''"',...,..,,... ..... 1-r.-. '"' lo.=...>rr · ..,.,_ ono
19 226310 HERNANDEZ TONY L August4. 1958
•cornTT ~
0 10"6
""
21 226502 LAMB CHAD DWAYNE January 19 1976
22 226615 PARKER BRENT KEITH July 29; 1957
23 226666 HENRY SARAH ANN December 12 1985
1.-.~
-"'· n
..,.., '""'·
'>"- IYIWFI ·'>n !ot::n
26 227331 HASH ROBERT BRUCE May 28, 1957
I"'K'
lf'ID,-, co,-,• "" "n"' ? 1<1LlQ
28 227569 LAVENDER STEVEN LAWRENCE June 18 1976
29 227575 CARTER VICTORIA RAY December 12. 1957
30 227586 MOORE SHARON ALICE November 19 1956
31 227663 FREDERICK PAULA KATHRYN April14 1970
32 227670 ESPINO LUIS CARLOS October 6 1988
33 227689 IRVIN LUCAS JAMES November 24. 1982
34 227799 MOORE CASEY JOE November 22, 1982
35 227811 MASTERSON SAMUEL AARON March 1 1983
36 227995 STECKMAN" BETTY UTECHT May 30. 1950
37 228069 ARIAS ANTONIO July 21 1963
.">0 ,,.,.., ......
39 228234 NELSON NANCY HICKS July 18 1947
1.0. .,,..,..., <= •nr• 1..... .., •nr:t:
41 228937 DAVIS JAMES A June 29, 1960
42 228969 FORD VIRGINIA A June 15 1965
J------
!Page 44
·. l-100
1
}-----=-¥--~~-~+-------i
~u
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~
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Page 45
lJ
J CAUSE NO. 12-03324-CRF-272
STATE OF TEXAS § IN THE DISTRICT COURT
J
vs. § OF BRAZOS COUNTY, TEXAS
DAVID GREER
J
LADIES AND GENTLEMEN OF THE JURY:
J
Possession of a Firearm by a felon, alleged to have been committed on or about February 16,
2012 in Brazos County, Texas. To this charge, the defendant has pleaded not guilty.
I.
A person who has been convicted of a felony commits an offense if he possesses a
firearm after conviction and before the fifth anniversary of the person's release from
confinement following conviction of the felony or the person's release from supervision
under community supervision, parole, or mandatory. supervision, whichever date is later.
J
"Firearm" means any device designed, made, or adapted to expel a projectile through a barrel
J by using the energy generated by an explosion or burning substance, or any device readily
convertible to that use.
J
"Possess"
.
means t.h~. c;cg:~,
....
~~~~gdypconttol,
. . ..
•, '· -·.
.
o(tnanagemerit
. :. -. ·: ........ '····. of property.
' ·.~· .. -~
·''Felony" means an offense so designated by law or pm~~mble by death or confinement in a
penitentiary.
1
~ ~
Page 46
I
I
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a
result of his conduct when it is his conscious objective or desire to engage in the conduct or
cause the result.
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to
circumstances surrounding his conduct when he is aware of the nature of his conduct or that the
"'
circumstances exist. A person acts knowingly, or with knowledge, with respect to a result ofhis
conduct when he is aware that his conduct is reasonably certain to cause the result.
II.
Now, if you find from the evidence beyond a reasonable doubt that on or about the 16tll day of
February, 2012 in Brazos County, Texas, the defendant, David Greer, did then and there having
been convicted of the felony offense of Possession of Methamphetamine on the 6tll day of
November, 1997 in Cause number 13, 603 in the 278tll District Court of Grimes County, Texas,
intentionally or knowingly possess a firearm before the fifth anniversary of the Defendant's
release from supervision under community supervision, or parole, or mandatory supervision
following conviction of said felony, then you will find the defendant guilty of the offense of
unlawful possession of a firearm as charged in the indictment.
Unless you so find beyond a reasonable doubt, or if you have a reaSonable doubt thereof, you
will acquit the defendant and say by your verdict "Not Guilty."
III.
A grand jury indictment is the means whereby a defendant is brought to trial in a felony
prosecution. It is not evidence of guilt nor can you consider it in passing upon the question of
-2-
Page 47
0
0 guilt of the defendant.
D IV.
You are instructed that our law provides that the failure of the defendant to testify shall
0 not be taken as a circumstance against him, and during your deliberations you must not allude
D to, comment on, or discuss the failure of the defendant to testify in this cause, nor will you refer
to or discuss any matter not before you in evidence.
0 v.
All persons are presumed to be innocent and no person may be convicted of an offense
unless each element of the offense is proved beyond a reasonable doubt. The fact that a
defendant has been arrested, contirled, indicted or otherwise charged with an offense gives rise
to no inference of guilt at trial. The law does not require a defendant to prove his innocence or
. . . .
produce any evidence at alL ~e_p~~~-~I"IlP.~~!?_<:?f~~-()~~E-ce·~J~?er:is'stiffic~_t:!l:!:fcY''~cq~_i!_th'e' .
~eferi&Clntr~.l_nl ~_s.§_!h~ ].!:!~~~~~ti'o~:f1~~~~h~~b.~~¢.~Il:'~fcP!.lf'.rfltiSf'Ori:o~~~6risider;·':r~fet'Eo;:'not~'dJ~~~$c6iriy'rhattef~Q!:."··
0 -~_sue:npt's~Owntby~th~·t.wJd¢,~¢-~;'in;··tae~c.~§~~@~~tl:r~J~~~a~onable~~Q.fe~:ac~~gg:ffi:~~~§~i.:PE~.~-~.
0 ·_-Jt~iSt>te>nl;Y-:J[~.iTii{tfu'eAyitness-Stand,::,or;;t~ngihle.:items'-.adihitterl.~fi:a~o~;~xi:9~~P~~:~~-~t~~~-:.j·?_tf·+s.
. ' . . . . .
--P.~Fm;i.tted-,to%'lieP¢_jye¥.;6v-i'd15i}"~~~i:¥e'gafdih'g,the .. ca·se':...You should not consider nor mention any
0 .......
, ~. . . ,......
._. _; __- . --· ·. . .. -··-·· --~-- ..-·. ···--- ··-·-- ···-··---··-·····
·----~----------------.
£_e~s~~~~J~no~1~4ge ~~ inf<:J~~tiO!J:Y~_U ITlay·~-~y~ _a~out any· fa~~ ()rp~f..SOJ]_C()~ecte9:~!t:J:1_t!!i§
······-
;0 ~i:!~~~~i~h-~~-~_rt describing each offense for which the defendant is sentenced to TDCJ 0
4. A copy of the indictment or information on each offense for which the defendant is sentenced to 0
TDCJ
5. A copy of the Jail Conduct Report 0
REQUIRED DOCUMENTS FOR ALL OFFENDERS (IF PREPARED): CHECK
6. Deta.iners, Holds or Warrants 0
7. Pre- or Post-Sentence Investigation Report 0
8. Revocation Report 0
9. Psychological/Psychiatric Evaluation 0
10. Client Supervision Plan 0
11. Texas Uniform Health Status Update (For Special Needs SAFP sentenced offenders copy ofTUHSU 0
must be provided to TDCJ when Pen Packet Document Checklist is submitted for admissions scheduling.
For ALL offenders TUHSU must be delivered to the TDCJ unit with the. offender at time of physical
admission.)
0 12. Victim Impact Statement
I CERTIFY THAT ALL DOCUMENTS CHECKED ABOVE ARE ATTACHED
0
0 (PLEASE WRITE LEGIBLY):
Printed Name of Person Completing Checklist Title Contact Information for Person Completing Checklist
(Area code, phone number, extension)
_o Signature of Person Completing Checklist
0 1
Companion Definitions and Guidelines Available
0
D ·Page 55
0
n . "l
)1;CJ
....
0
: ~.-
No. 12-03324-CRF-272
0
THE STATE OF TEXAS IN THE 272ND DISTRICT COURT
D VS. OF
0 DAVID DUANE GREER BRAZOS COUNTY, TEXAS
0
0
0
0
0
G Date: _ _ _ _ _ _ __
0
u
D
0
0 Right Thumb Print
0
D Page 56
0
n
[)
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
0 CORRECTIONAL INSTITUTIONS DIVISION
CLASSIFICATION AND RECORDS DEPARTMENT
ADMISSIONS SECTION
0 JAIL CONDUCT REPORT
GREER, DAVID. 12-03324-CRF-272
D OFFENDER NAME (Last, First, Middle)
TX03329636
SID NUMBER CAUSE NUMBER
G I certify that the above captioned offender has committed no serious acts of
_ _ _ _ _ misconduct while in my custody.
0 -----
I certify that the above captioned offender committed serious acts of misconduct as
follows:
0 INCIDENT:
D
..
0
E Dates subject has been arrested and released on the above cause number in chronological order:
IN OUT
2/16/12 3/21/12
0 5/14/12 11/15/12
0
0
u
TDCJ COORDINATOR
COUNTY SHERJFF'S DEPARTMENT
u ** This form should accompany all offenders' commitment papers transferred to the Texas Department of
Criminal Justice. **
Attention: CRO State Ready Section
0
u Page 57
0
n
0 'Brazos Ccru.nty ·
St., Suite 216
300 'E. 2fY;,
'Bryan 1X 77803
0 (979) 361·4230•4240
:Marc Jfamfin
0 'District CCerk
0
~
0 I HEREBY ACKNOWLEGE RECEIPT OF THE TDC PACKET ON:
0 DAVID GREER
12-.03324-CRF-272
u CAUSE NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FROM THE DISTRICT CLERK'S OFFICE.
0 PREPARED BY:_.__ A. MORGAN_ _ _ _ _ DATE: 11/1.9/1.2
E.
RECEIVED BY:_ _ _
]C£__;' ~.._4.....__~--~-+---DATE:_.-1., . .:~.-~. .:. . _·
l.....l.\-+-\
D \WI \
0
0
D
0
0
u Page 58
u
0
0 THE STATE OF TEXAS
:0 To: The Sheriff of Brazos County, Texas
0 Brazos County, Texas, effective at ---1-:'"':---?-.<,;_.J~~
20 1~ relating to the offense(s) of ~t-U-~~.w.....!7'-~~-.LUJ~LLL.I---"~----l..~i;.I.L.I."'-"?"""--=:::--
'-:.......~ to serve a term of _ _ _ _---J.-l~..........'+-~.......,L..w;,_..~--_ _ _ __
0 ~--in the Brazos County Jail
............_j in the Institutional Division of the Texas Department of Criminal Justice
--~in a State Jail Facility
___ as a condition of community supervision
:o ___ with referral to the State Boot Camp
___ work release is authorized
_ _ _each SUM T W Th F Sa from m. until m.
,0 _ _ _ according to the schedule _ __
___to be held in the Brazos County Jail
_ _ _without bail, until further order of this Court
0 --'---until transported to a Substance Abuse Felony Ptmishment Facility
----!pending appeal from his conviction of a felony
_ _ _ until sufficient bail is posted in the amom1t of$._ _ _ _ _ __
._._n_ _ _ _ in cash or surety bond fonn
U ---'--- in personal bond form
_•_0
@.
.:/-.. \4
_ _ _ upon the attached conditions;
98 to be released from custody on th;,abqve c~e(s)
CREDIT FOR TIME SERVED unc..lu.dU\9 flme..., bifVr...c.J
.J -ff
without conditions
om
?. -\(p -2- bl'2- thru..
3. J./, Zo )2-)
C;i
-~ r
_ _ _UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to ~
pay court costs of$ . ; attorney fees of $ ; ..(- ·
·D "- .
~
fine of$ urt
1ay-out co costs o
f$
2 c~JesJbtution
...r1. .
of~
~
_ _ _TO RUN CONCURRENT WITH _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
0 _ _ _ SPECIAL INSTRUCTIONS:
_ _ _ YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING
n ON THE F1RST DAY THAT YOU REPORT TO JATL. FAILURE TO
COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED AND
STRAIGHT TIME ORDERED. Defendant's InJtials - - - - -
-~
\~
0 SIGNED this the d
0
·u Page 59
. ··- ---.........-·------
Q
·o
NO. 12-03324-CRF -272 ·
B STATE OF TEXAS § IN THE DISTRICT CO
§
n vs.
DAVID DUANE GREER
§
§
§ BRAZOS COUNTY, TEXAS
0 MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT
'0 TO THE HONORABLE JUDGE OF SAID COURT:
0 · COMES NOW, David Duane Greer, the Defendant in the above styled and numbered cause,
and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of
0 the Texas Rules of Appellate Procedure, and in support thereof would show this court the following:
:0 1. The Defendant was sentenced on November 15, 20 J2. This Motion, filed within the
thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the
·D sentence, which is January 29, 2012, or this motion is overruled by operation oflaw.
2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P.
'0 21.3.
G 3. The trial court has the discretion to grant a new trial in the interests ofjtistice, as the
Court of Criminal Appeals has emphasized:
0 For more than one hundred and twenty years, our trial judges have had the discretion to grant
0 new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73 ), the
Supreme Court, which at that time had criminal jurisdiction, held:
0' ... The discretion of the District Court, in granting new trials, is almost the only
0 protection to the citizen against the illegal or oppressive verdicts of prejudiced,
careless, or ignorant juries, and we think the District Court should never hesitate to
0 use that discretion whenever the ends of justice have not been attained by those
0
u Page ~0
0
fl.
,_)
n verdicts.
State v. Gonzalez, 855 S. W.2d 692 (Tex. Crim. App. 1993).
D 4. For the foregoing reasons, and for such other reasons that may arise on the hearing of
this Motion, Defendant requests a new trial.
·o WHEREFORE PREMISES CONSIDERED, Defendant prays that the Court set aside the
. '
D L judgment of conviction entered in this cause and order a new trial on the merits.
Respectfully submitted,
D MARY HENNESSY
0 P.O. Box 2536
Brenham, Texas 77834
Tel: (979) 277-0757
Fax: (979) 277-0030
D .·-"\ ;
0 By: _ _ . --+----"-'-'-_____.""'----t----
/'__
Mary Hennes
State Bar No. 09472300
G Attorney for David Duane Greer
n CERTIFICATE OF PRESENTMENT
D By signature above, I hereby certify that a true and correct copy of the above and foregoing
has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of
D Brazos County, on this day, December 11, 2012.
0
0 CERTlFJCA TE OF SERVICE
0 This is to certify that on December 11, 20 12, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Brazos County, Texas, by
0 2
u Page 61
0
0
n facsimile transmission to: 979-361-4368.
0
B
0
0
0
0
D
0
n
0
D
0
0
0 (
3
0
0
- - - - - - - __ . Page 62
0
0 MARY B. HENNESSY
B ATTORNEY AT LAW
P.O. Box 2536
Brenham, Texas 77834-2536
[)(; i=-i i.. t:::
JI"""L..--'---
jl/}
fU o'clock -'1-1 M
Tele. (979) 277-0757
0 Fax: (979) 277-0030
December Jl, 2012
8 Marc Hamlin
Brazos County District Clerk
0 300 East 26th St., Suite 216
Bryan, TX 77803
D Re: 12-03324-CFR-272; The State of Texas v. David Duane Greer; In the 272nd District Court,
Brazos County, Texas
0 Dear Mr. Hamlin,
Enclosed please find Defendant's Motion For New Trial and Motion In Arrest of Judgment
0 in connection with the above referenced matter.
Please file in your usual manner.
u Thank you for your cooperation.
0
G
D Enclosure
0 cc: Brazos County Assistant District Attorney's Office Via facsimile # (979) 361-4368
Client
n
"'
0
D
D
tfr Page 63
[l '• --~7:.-
·-~~;; .... __ .: ..
.
.
-
P····-- .
~- .:_ .. _ :!!~
G
0 THE STATE OF TEXAS
V. § OF BRAZOS COUNTY, TEXAS
B DAVID GREER § 272nd JUDICIAL DISTRICT
0 STATE'S OPPOSITION TO DEFENDANT'S MOTION FOR NEW TRIAL
AND
0 OBJECTION TO ANY uNTIMELY AMENDED MOTION FOR NEW TRIAL
Pursuant to Tex. R. App. P. 21.5, the State opposes, in writing, the Defendant's
0
Motion For New Trial.
0 On November 15, 2012, the Defendant was found guilty of the offense of
D .
possession of a firearm by felon, and he was sentenced to 30 years in the IDTDCJ.
0 _On December 13, 2012, the Defendant filed his motion for new trial. He alleges
one ground:
Q 1. that the "verdict in this cause is contrary to the law and the evidence."
0 (Motion, p. 1).
0 A.
He prays for a new trial. (Motion, p .. 2).
The 'Defendant's motion.should be. denied_ without a hearing because his
- . . .-· ·· - -,_. - -- - -------
0 mrili~1fii~i!Q"i--~J!iin.2ri~~~b.i.~~ffiai~it'. ---.F,:~~-·-
"As a prerequisite to a hearing, and as a matter of pleading, motions for new
0 trial must
. . . .
be ~i.lpported by an' affidavit of either the accused or someone else
.
-·~·_··'<•·•-:···. -- .... "1~·- ........ ,.." .......•• \ · ...... ·.... ~ .. ,: . . _... . ,,•._ ,• . . . ·:_ ..... :_,; .. ·.···::;· ;·.'··-_:,._ -,-<· .. ·.~ ·- .·:··-.····..--···~
0
0 Page 64-
D 1
I
I
motion must be supported by affidavit. Marquez v. State, 356 S.W.2d 797,799 (Tex.
Crim. App. 1962). The defendant's motion for new trial must contain an affidavit
where the affiant has personal knowledge of the facts or be "some other person who
was in a position to know the facts." Dugard v. State, 688 S.W.2d 524, 528 (Tex.
Crim. App. 1985).
In this case, the motion for new trial is not supported. by an affidavit. The
Defendant's motion should be denied without a hearing on this basis alone.
B. The Defendant's motion should be denied without a hearing because his
ground for new trial may be deter~ned from the trial record.
The Defendant is not entitled to a hearing on his motion where his ground for
new trial may be determined from the trial record. See Reyes v. State, 849 S.W.2d
812, 816 (Tex. Crim. App. 1993).
C. The State objects to any untimely amended motion for new trial, if fJ.led,
and to any order purporting to grant any untimely amended motion for
new trial.
Tex. R. App. P. 21.4 allows a defendant to amend her motion "within 30 days
after the date when the trial court imposes or suspends sentence in open court .... " The
I .
·.
0 Defendant was sentenced on November 15,2012. Therefore, the last day to timely file
n an amended motion for new trial was December 15,2012.
The State objects to any untimely amended motion for new trial, if filed, and to
0 any order purporting to grant any untimely amended motion for new trial. See State v .
.B 2
0 Page 65
0
0
0 Moore, 225 S.W.3d 556, 570 (Tex. Crim. App. 2007).
0 PRAYER
0 WHEREFORE, the State prays that the Defendant's Motion for New Trial be
denied without a hearing.
n
0 ~--ly_WJ
Douglas owell, III
Assistant District Attorney
0 300 East 26th Street, Suite 310
· Bryan, Texas 77803
0 (979) 361-4320
State Bar Number: 10098100
0 CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing State's Opposition
u to Defendant's Motion for New Trial was delivered to~ Hennessy, P.O. Box
2536, Brenham, TX 77834 on this the '2--0 day of --t2fc , 2012.
D
~.
D
D
[l
0
0 3
0 Page 66
u
12/11/2012 12:1B '379277EH330 t'1ARY HENNESSY PAGE 02/05
NO. 12-03324-CRF-272
STATE OF TEXAS §.
§
Y$. §
§
DAVID DU~.o\..~ GREER § BRAZOS COlJ"NTY,
By
MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGME:vf
TO THE HONORABLE Jl.Jl>GE OF SAJD COURT:
CO:tvfES 1\0W, David Duane Greer, the Defendant in the above styled and numbered cause,
and filc:s this Motion for }.Jew Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of
)_
the Texas Rules of Appellate Prucetlure, and in .supporllh~eofwould .show this court the fullovving:
r 1. The Defendant was sentenced on November 15, 2012. This Motion, filed v.ithln the
thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the
t sentence, which is January 29, 2012, or this motion is overruled by operation of law.
2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P.
21.3.
3. The trial_ court has the discretion to grant a new trial in the interests of justice, as the
Coun of Criminal Appeals has emphasized:
For inore than one hundred and twenty years, our trial judges have had the discretion to grant
t
! new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73), the
Suprem~ Court, which a~ that time had criminal jurisdiction, held:
r . - . The d1~cretion of the District Court, in graritiD.g new trials, is almost the only
protection to the citizen against the illegal or oppressive verdicts of prejudictd,
careless, or ignorant juries, and we think the District Court should never hesitate to
use that discretion whenever the ends of justice have not been attained by those
1
Page 67
12/11/2012 12:10 97927713030 HARY HENNESSY PAGE 03/El5
verdicts.
State v. Gonzalez, 855 S.W.2d 692 (Tex. Crirn.. App. 1993).
I
4. For the foregoing reasom, and for such other reasons that may arise on the hearing of
this Motion, Defendant requests a new trial.
\VHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside the
judgment of conviction entered in this cause and order a new trial on the merits.
Respectfully submitted,
lviARY HENNESSY
P.O. Box 2536
Brenham, Texas 77834
Tel: (979) 277-0757
Fax: (979) 277-00.30
,... _... ........
i ~
~ ~~/lL..----,
By: I
Mary Hennes ;
State Bar No. 09472300
Attorney for David Duane Gree1·
CERTIFICATE OF PRESENTME~T
By signature above, I hereby certify that a true and correct copy of the above and foregoing
has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of
Brazos County, on this day, December 11, 2012.
CERTIFICATE OF SERVICE
This is to certify that on December 11, 2012, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Brazos County, Texas, by
2
I
~
Page 68
12/11/21312 12:113 S7S277BB30 PAGE !34/135
\
!
facsimile transmission to: 979-361-4368.
l
J
3
Page 69
I
n I LED
---1o'clockp_M
0 272"n DISTRICT COURT
BRAZOS COUNTY, TEXAS
Brazos County Courthouse
300 East 26th Street Suite 204, Bryan, Texas 77803
JAN 0 3 2D13
B Tefephone: (979) 361-4220
Travis B. Bryan III
Judge Presiding
Facsimile: (979) 361-4517
Ernie J. Montoya -Bailiff
Lisa Parker-Court Coordinator
Connie Rodrigue~-Administrative Secretary Kaetheryne Kyriell - Court RePQrter
.o: Denise C. MacKay- Court Reporter
December 18, 2012
D
0 MARY HENNESSY DISTRlCT ATTORNEY, BRAZOS COT.JNTY
ATTN: DOUG HOWELL; RYAN CALVERT
0 VIA FAX NO. 979-277-0030
VIA FAX NO. (979)361-4368
0 RE: Cause No. 12-03324-CRF-272; State of Texas vs. DAVID DUA.¥E GREER
in the 272nd Judicial District Court of Brazos County, Texas
Dear Mrs. Hennessy:
The Court has received the Motion for New Trial which you filed in the referenced cause. In
the Motion, it appears that you are requesting a hearing on the Motion for New Trial. Pursuant to the
Local Rules, the 272nd £ourt regqires .Y.9lLt.9_._r~.m~~st a hearing .I?.X. f11i!!g a Setting_R~g11est fgrm~
the DistricLClerk~~Lo_ffi.t.e.. This setting request form gives rrie the necessarY information I need in
setting this matter for hearing. This Setting Request form. can be obtained from the County's website at
wv.w.brazoscountvtx.gov (go under Courts and then under forms).
Please file this Setting Request form at your earliest opportunity.
If you have any questions, please do not hesitate to call me.
Lisa Parker
Court Coordinator
0 Page 70
0
P.
D~c. '8. 2012 12:f1GFM) * ::
1) 3-· .. :o• c~uoty 272~<' D .t. Cv"rt
D
2)
hte/T1me: Dec.13. 20't2 11:59~.M
Fi : € :· ~ se
th 1Ac, de Re 5 J l : Nr)t SE1t
9522 lli:f'lo ry TX DSTRICT ATTOR~~V F. OK
HN~ESSY MARY OK
f r !': r r c r
1 Man& JD cr l · r e f:l·l· E. 2 l 6J~Y
5"
Nc 3•·swe· E. 4l No fa:sini 1~ ccnn~:: ur
~:..c~e::fc:d ma.x. E~'Tl~Jl !1.<:t:
~
1~ DlS'I'RlCI' COVJIT
IIRAZOS COUNTY, 'l"&XAS.
~c~~
)OtE.ad~~.liaiM:JOI,.BJr)-..'liUSTIA.l
l'ttc:pllrroc:j'919JJ6J-n;tl Fc::aiDic (into)Jii-Uf'7
Lin hnw.c.wt c...--. lnitJ.~.a.A;;.
c.... a--.-...MM~•r_,._...s.-, ~l:.rftd-o.rt~
DniNC.~-o..n...,.,..,.
I>ttembcr ll, 2012
l:OS
Th: Ccu:t hM n:cci¥Cd the MotiCtn !or New Trial ">bic.h )'OU filed .in dtc dcr=cai callSC- hi.
0
zbc r~cm, :1 app:ao.s tha: 1DU are requesrinr D haari.:lg on lhc Motion fur Nc:w Trial. Po.ouant to k
l.oooi Rules, th< 2'17"' Collrt requi= you ., reqocst o b:aDng br .!!li!!l; o S.lti:>j; R.eq....., ft=o with
the DCaria CleJkl$ office. ThU: PCtting RqCCSt form gM:.s me th:. nec-es:sacy iniarmiJ\icn I DOI:d in
s 77834
1 Tel: (979) 277-0757
Fax: (979) 277-00_30
By:_ _ _ _-1---~------'~--
Mary HerUlessy
State Bar No. 09472300
Attorney for David Duane Greer
CERTIFICATE OF SERViCE
This is to cenify that on February 4, 2013, a true and correct copy ofthe above and foregoing
document was served on the District Attorney's Office,_ Brazos County, Brazos, by facsimile
transmission to Y7Y-36l-4368.
2
Page 73
]
} NO. 12-03324-CRF -272
STATE OF TEXAS § IN THE DISTRJC
§
vs. §
§
DA YID DUANE GREER § BRAZOS COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE .JUDGE OF SAID COURT:
Now comes David Duane Greer, Defendant in the above styled and numbered cause, and
give.s this written notice of appeal to the Court of Appeals of the State of Texas from the judgment of
conviction and sentence herein rendered against David Duane Greer.
Respectfully submitted,
MARY HENNESSY
P.O. Box 2536
Brenham, Texas 77834
Tel: (979) 277-0757
Fax: (979 277-0030
By=-----~-'--------\--------.,.
Mary Henness,
State Bar No. 094 72300
Attorney for David Duane Greer
CERTIFICATE OF SERVICE
This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Brazos County, Bra.Zos, by facsimile
,
transmission to 979-361-4368.
Page 74
I
]
NO. 12-03324-CRF -272
]
STATE OF TEXAS § IN THE DISTRJCT C
§
vs. §
§
DAVID DUANE GREER § BRAZOS COUNTY, TEXAS
REQUEST FOR PREPARATION OF REPORTER'S RECORD
AND DESIGNATION OF MATTERS TO BE INCLUDED
TO THE CLERK AND COURT REPORTER OF SAID COURT:
I
Now comes David Duane Greer, Defendant in the above styled and numbered cause, and
requests the court reporter or reporters who made the record in this cause to prepare a reporter's
record, and that the testimony included in the reporter's record be in question and answer form.
David Duane Greer designates that the following matters be included in the reporter's record:
l. Testimony of all witnesses, heard in and outside the jury's presence, including
questions and o~jections of counsel and the ruling and remarks ofthe Court thereon;
2. Voir dire ofjury venire, including objections of counsel and the ruling and remarks of
the Court thereon;
3. Arguments and opening and closing statements of counsel, including objections of
counsel and the ruling and remarks of the Court thereon;
4. All matters heard outside the presence of the jury. including pre-trial, trial and post-
trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the
Court thereon;
5. All bills of exception and testimony thereon, inc! uding objections of counsel, and the
ruling and remarks of the Court thereon;
6. Testimony taken during sentencing proceedings, including arguments and objections
of counsel, and the ruling and remarks of the Court thereon;
Page 75
1
7. All exhibits offered or introduced into evidence.
WHEREFORE, PREMISES CONSIDERED, David Duane Greer respectfully prays that
this Court b>Tant this request, and order preparation of the reporter's record in this case.
Respectfully submitted,
MARY HENNESSY
P.O. Box 2536
Brenham, Texas 77834
Tel: (979) 277-0757
Fax: (979) 277-0030
By:·---------r~--------~~------
Mary Hennessy
["~,
I State Bar No. 094 72300
i
Attorney for David Duane Greer
CERTIFICATE OF SERVICE
This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile
transmission to 979-361-4368.
2
Page 76
I
:0 ILED /J
.......::.c.Joc._o'clock ~M
0 STATE OF' TEXAS
NO. 12-03324-CRF-272
§ IN THE DISTRICT COU
FEB 1 l Z013
§
D vs. §
§
272od JUDICIAL DISTR~~~~=~Q~
DAVID DUANE GREER § BRAZOS COUNTY, TEXAS
WRITTEN DESIGNATION SPECIFYING
0 MATTERS FOR INCLUSION IN CLERK'S RECORD
TO THE CLERK OF SAID COURT:
D Now comes David Duane Gi:eer. Defendant in the above styled and numbered cause, and
pursuant to Rule 34.5(a)(l2) and 34:5(b), Texas Rules of Appellate Procedure, designates the
following matters to be included in the Clerk's Record:
0 1. Complaint;
0 2.
3.
Capias;
Affidavit of indigency:
0 4. Correspondence and communication between Court and counsel;
5. All motions and pleadings filed by the slate or the defendant and not otherwise
required to be included under Rule 34.5(a), Texas Rules of Appellate Procedure;
6. All orders issued by Court and not otherwise required to be included under Rule
34.5(a). Texas Rules of Appellate Procedure;
7. Jury pane! lists;
D 8. Jury strike lists of the state: the defendant and the Court;
9. Juror information forms;
'01
_, ' ] 0. All verdict forms submitted to the jury;
0 11.
12.
Sentence;
Commitment;
Page 77
1
13. Motion for New Trial;
l 14. Communications between Court and jury;
~· 15. Objections to Court's Charge and Special Requested Jury Instructions, and rulings by
j
the Court;
16. All exhibits admitted into evidence;
17. All defense exhibits offered into evidence but not received in evidence;
18. Those items identified in Rule 34.5( a)(l) through ( 11 ), Texas Rules of Appellate
Procedure, and all other matters required by the Texas Code of Criminal Procedure, or any
:l: other law.
'.J)
Respectfully submitted,
~
~
MARY HENNESSY
P.O. Box 2536
Brenham, Texas 77834
Tel: (979) 277-0757
Fax: (979) 277-0030
By: _ _ _ _-+--ft-1---'----~...-="------
Mary Henne y
State Bar No. 09472300
Attorney for David Duane Greer
n
:] CERTIFICATE OF SERVICE
This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile
transmission to 979-361-4368.
2
Page 78
CRIMINAL DOCKET- CAUSE NO.l2-03324-CRF~(..'1L
NAMES OF PARTIES ATTORNEYS KIND OF ACTION I DATE OF FILING
THE STATE OF TEXAS COMTE,KARA UNLAWFUL I 07/13/12
POSSESSION
vs FIREARM BY FELON I CHARGfNG INSTRUMENT
GREER, DAVID DUANE DEFENSE Indictment
tfu \ (:;r CLJ
DATE OF ORDERS OFlfHE COURT
ORDERS
Month/Day/Year
CJ)
A 12-PT ~t-- ·l/x ,....
I
'7
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5
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7
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9
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13 Photograph
.} 14
15
~ 16.
17
}
18
1 19
20
J 21
22
1
23
I 24
25
1
.. DENISE C.PHILLIPS, CSR
~:--···
OFFICIAL COURT REPORTER
} 272ND DISTRICT COURT
D 13
0- 1
2
0 3
8 4
5
0 6
7
D 8
0 9
10
0 11
12 State's Exhibit No. 9
0 13 Photograph
o~ 14
15
0 16
D 17
18
0 19
20
0 21
0 22
23
0 24
25
0 DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
u 14
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1
2
0 3
4
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5
D 6
7
0 8
0 9
10
0 11
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13
State's Exhibit No. 10
Leather jacket
D 14
15
D 16
0 17
18
0 19
20
0 21
0 22
23
D 24
25
lJ DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
.o 272ND DISTRICT COURT
u
0 15
0·-
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1
2
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3
4
m 5
0 6
7
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0 9
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D 11
12 State's Exhibit No. 11
8 13 Weapon
0 14
15
0 16
D 17
18
D 19
20
0 21
0 22
23
0 24
D~
25
..
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
16
D
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Lr 2
;n 3
4
11
l_ .•
5
D 6
7
D 8
9
0. 10
0 11
12 State's Exhibit No. 12
0 13 Bullets from weapon
0 14
15
D 16
17
0 18
0 19
20
0 21
0 22
23
D 24
25
0 DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
.] 1-/
17
0
n 1
2
0 3
4
8 5
D 6
7
0 8
0 9
10
0 11
12 State's Exhibit No. 14
0 13 Stipulation
D 14
15
0 16
o· 17
18
0 19
u 20
21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
0
STATE OF TEXAS v. DAVID GREER 12-03324-CRF-272
The parties have stipulated that the Defendant in this case is one and the same David Greer that was
convicted of the felony offense of Possession of Methamphetamine on the 61h day of November, 1997,
in Cause Nuinber 13,603 in the 278 111 District Court of Grimes County, Texas and that the offense date in
this case, February 16, 2012, was before the fifth anniversary of the Defendant's release from
r~ supervision following his conviction of that felony.
LY
0
-""< K_n/ t-v0 .· ~
~,
David t3.Zr - Attorney for the St9 e
D
0
0
Atto ey-f~t
0
D
0
;
STATE'S
EXHIBIT
I~
}
BRAZOS COUNTY OFFICE OF THE SHERIFF·
l VEHICLE INVENTORY REPORT
Time Location (({i··fer (1--H',(::_'
Case Number Date offnvenlory
.'1 - ( &I J :} '-J/ / : ' "-I 7 /tf~·) -A·f- ~ Ut/JI.fJa.l:.Z :
De fen dan t (last, first, m i) DOB Address _,.. . ~::·
(,::_f« i! 1--- · /)1/ v<( !) L/ il ]I -
Body Style
2d:VC?r
Color .
/JtY.-v/< 1}/v'-f_ .
Year Vehicle Identification Number
} ·License Number
.'ff/ (Y /).) q
State
-r~-/'
)
.
I FT y R 1/.t-1/ t, z Pl! {, 0) I 7
{ } Recovered Stolen Vehicle { } Abandoned Vehicle ·
l { } Prisoner Vehicle { } Seized Vehicle
J { } Other (Specify)
Vehicle Contents Rcmovec! W)lere Stored
~ Quantity, Description (brand, color, serial number) · YorN ..
J
I ftah
'v
tl//. ~/tt~ IL/ !Jcl.a/7fvck".
( Lv-1'~.4 c I~ I th·c7 "·• .
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Damage to vehicle at time of.invcntory:
-0 .
'
0
0 Use additional vehicle forms if necessary
0
0
.o
19
1
l·
2
3
4
5
\
J .
6
7
8
1 9
1
'
10
} 11
12 State's Exhibit No. 16
}
13 Inventory Search Policy
14
15
~
u 16
17
18
} 19
20
21
22
23
24
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
l
l~
BRAZOS COUNTY OFF1CE OF THE SHERIFF
J
GENERAL· ORDER: 31
J DISTRIBUTION: . ALL SWORN PATROL DEPUTIES/RESERVE DEPUTIES/CRTh1illAL
INVESTIGATORS
SUBJECT: JNVENTORY OF ALL TOWED VEHICLES /POUCY I PROCEDURE I
:J
REPORT FORM
l l PURPOSE
The purpose of this directive is to provide guidelines for the inventory of vehicles.
J ll. . POLICY
It shall be the policy of this department to conduct an inventory of the contents of all
J motor vehicles that are recovered, seized, impound~ or taken into the custody of the
Department. This shall include vehicles ofarrested persons which are towed from the
scene of an arrest, regardless ~f where the vehicle is stored. The inventory of
J impounded motor vehiCles shall be conducted for the following purposes:
J ; ...
1
T!!e: ::::-c~ection of the owners property whit~ it remains in police custody;
2. The protection of the Department and it's officers against claims or disputes
over lost or stolen property; and
3. The protection of officers from potential danger.
impounded, or taken
in custody ofthe Department shall be limit~ to those locations withln
the vehicle where items ofvalue could reasonably be stored, including:
a. the passenger compartment;
b. under the hood;
c. inside the tnmk, and
d. within containers located inside the vehicle.
D
D·. VEHicLE INVENTORY REPORT
B.
0 1. Every vehicle inventory shall be documented on a VEHICLE" ·
.INVENTORY REPORT FORM.
\
G 2. The Vehicle Inventory Report shall be attached to the appropriate
arrest report (if any) and forwarded to the Records Section.
0 3. All items ofvalue shall be recorded on the Vehicle Inventory Report .
.r······"-.. "-··-····-=-=~..;:.;77"-=~-~--~=~,....,....---~___;~~
4. In most cases, the property should be left inside the impounded
D vehicle. It: however, the vehicle canpot be reasonably secured or the
property is of such value that the officer does not believe it would be
safe to leave it in the vehicle, the property shall be logged into the
0 ~ Property!Eviderice unit for safeke_eping. Any .property removed :froJ.Il
. the vehicle shall be noted onthe Vehicle Invento ·-Re ort, indicatin__g
w ere 1 was or . ny amage to the vehicle that is noticed at the
0 time ofthe mvenrory shall also be noted on the report.
5. A Vehicle Inventory Report is required whether the vehicle contains
0 any valuable property or not. When there is no property of value to
inventozy, the offieer shall indicate ''NONE" in the appropriate·
location on the form.
D 6. .. The siBJl#Ure of the owner or driver of-the inventoried vehicle should
<~>e; obtained on the Vehi.clelnventory Report, when practicable. The
0 signature of the driver of the wrecker towing the vehicle. shall be
obtained.
0 DISCOVERY OF EVIDENCE
1. :U: in the course of a vehicle inventory> the officer discovers an item
0 that constitutes. contraband or evidence connected to the commission
of a criminal offense, the officer shall seize the evidence and _process
0 2.
-
it according to the established procedures of this Department.
The· discovery of contraband or evidentiary items during a vehicle
inventory may provide probable cause to believe that inaccessible
0 _
portions ofthe v~cJe'may contain additional contraband or evidence.
.If sq,_ a ~~!i..~t ~b?.JI be Qbtained to search those portions of
the vehicle ·'Yhich would not ordinarily be subject to inventozy.
0 3. When contraband or evidentiary items are discovered, the vehicle
inventory shall be completed whether a search warrant is obtained to
0 search inaccessible portions of the vehicle or not. ',.
. . . •,
~
D
0
20
l
l 1
2
J 3
4
j
5
6
J
7
l 8
l 9
10
l 11
12 State's Exhibit No .. 17
~
.J
13 Judgment and Sentence
14
J
1.5
J 16
17
J
18
J 19
20
J 21
22
23
~ \
24
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
~ ·-.:.• . ..... -
.\. . .'p
NO.l3,603
THE STATE OF TEXAS X IN THE 278th JUDICIAL
v. X DISTRICT COURT OF
DAVID GREER X GRIMES COUNTY, TEXAS
JUDGEMENf ON VERDICT OF GUILTY BY IDRY
PUNIS~ FIX;ED BY JURY
NO PROBATION GRANTED
JUDGE PRESIDING: JERRY SANDEL DATE OF JUDGEMENT: NOV 6, 1997
ATTORNEY FOR ATTORNEY FOR
THE STATE: KELLY WEEKS THE DEFENDANT: BRENT CAHILL
OFFENSE CONVICTED OF: POSSESSION OF METilAMPHETAMINE 4-200 GRAMS
HABI1UAL
DEGREE: FIRST (25-99)
DATE OF OFFENSE: 10-5-SJi9S ~
CHARGING -INSTRUMENT: INDICTMENr
PLEA: NOT GUILTY
VERDICT: GUILTY
PLEA TO ENHANCEMENr: TRUE
FINDING: TRUE
PUNISHMENT ASSESSED BY: IDRY
DATE SENTENCE IMPOSED: 11~97 COSTS: $159.50
PUNISHMENT AND PLACE OF CONFINEMENT: FORTY (40) YEARS CONFINEMENT IN
TDCJ-ID
DATE TO COMMEN"CE: 11-6-97
TIME CREDITED: 3 DAYS · RES1TIUI10N: $140.00 TO TEXAS
DEPARlMENTOFPUBUC SAFETY
CONCURRENT UNLESS OTHERWISE SPECIFIED:
STATE'S
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EXHIBIT
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0 On the 3RD dey ofNOVEMBER. 1997 the above named and numbered cause was called for
trial The parties appeared as fullows: the State ofTexas by her Assistant DiStrict Attorney and the
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Def!:ndant, I?.AVJI:> G~ m~..!l.~~con~~J3-~-~ Both parties announced
0l ready for trial The Defundant, having requested ajury ~-ell1e.red a plea of not guilty to the offense
ofPOSSESSION OF METIIAMPHETAMINE 4-200 .GRAMS, a felony committed on the 5TH day
of OCTOBER, 1995 as charged in the indictment. herein;_. thereupon; a jwy, to-wit: STEVEN
KEATING, . mxi eleven others, having been duly selected, impaneled, and sworn, who having heard
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the indictment read, and the Defendant's plea thereto, and havirig heard the eVidence submitted, and
having been duly dwged by the Court, retired in the charge of the proper officer to consider their
verdict. and afterwards were brought into open court by the proper officer, the Defendant and his
counsel being present and in due form of law returned into open court the following verdict, which
0 was received by the court. and is here and now entered on the minutes of the court. to-wit:
"We, the jwy, find the defendant, DAV1D GREER, guilty of POSSESSION OF
METIIAMPHETAMINE 4-200 GRAMS."
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/S/ STEYEN KEATING
FOREMAN OF THE JURY
o::: Thereupon, the Def\.'1ldant having elected to have his punishment. assessed by a jwy, and such
jury was called back into the box and heard evidence relative to the question of punishment and
thereafter retired in the charge of the proper officer to consider their verdict, and afterwards were
brought into open court by the proper officer, tlie Defendant and his counsel being present, and in
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due form of law returned the following verdict:
We, thejwy, having found the defendant, David Greer, guilty ofthe offense
of Possession of Methamphetamine 4- 200 grams further find that the allegations in
Paragraph II of the indictment with respect to the defendant being the same person
D who had been convicted of Burglary of a Habitation in Cause Number 15,341 in the
85th Judicial District Court of Brazos County, Texas on the I 8th day of April, I 984
and priorto the commission of the offense ofPossession ofMethamphctaminc 4 - 200
grams, for which defendant has been convicted in this case is "True". Furthermore,
0 we find that the allegations in Paragraph Ill ofthc indictment with respect to the
defendant being the same person who had been convicted of Theft $750.00 -
$20,000.00 in cause number 17,175-85 in the 85th Judicial District Court of Brazos
o: County, Texas on the lOth day of June, 1987 after the defendant's .conviction for
Burglary of a Habitation mentioned above was final prior to the conunission of the
offense of Possession ofMetharnphetamine 4- 200 grams for which the dcli:ndant has
been convicted in this case is "True". We assess defendant's punishment at
confinement in the Texas Department of<:;rimina! Justice -lnstilutional Division for
0 a term ofFORTY (40) years.
IS! STEVEN KEATING
FOREMAN OF THE JURY
Vol Pgd::b
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0 It is therefore ORDERED, ADJUDGED, AND DECREED by the Court that the
Defendant, DAVID GREER, is GUILTY of the offense ofPOSSESSION OF .
METIIAMPHETAMINE 4 - 200 GRAMS and said Defendant committed the offense on the sm
0 day of OCTOBER, 1995, and further that the allegations in Paragraph II ofthe indictment with
respect to the defendant being the same person who had been conViCted of Burglary of a
Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas
on the-18~ day of April, 1984 and prior to the commiSsion of the offense of Possession of
0 Methamphetamine 4 - 200 grams.,· for which defendant has been convicted in this case is "True".
Furthermore, we find that the allegations in Paragraph m Ofthe inqictment with respect to the
defendant being the same person who.had been convicted ofTheft $750.00- S2o;ooo.oo in cause
number 17,175-85 in the 8:Sth Judicial District Court ofBrazos.County, Texas on the lOth day of
June. 1987 after the defendant's conviction for Burglary of a Habitation mentiOned al?ove was
D final prior to the commission of the offense of· PoSsession ofMethamphetamiile 4 • 200 grams for
which the defendant has been convicted in this case is "True": Piuiishment has been set at
confinement in the Institutional Division of the Texas Department of Criminal JuStice fur a period
0 of FORTY (40) YEARS.
The Defendant, being asked by the Court if sufficient legal reason existed why the
sentence of this Court shoUld not be pronounced, failed to give such rea5on, whereupon the Court
proceeded in the presence of said Defeixlantand his Attorney to pronounce sentence.
0 It is the order of this Court that the Defendant, DAVID GREER, who has been adjudged
GUILTY of the offense ofPOSSESSION OF METHAMPHETAMINE 4-200 GRAMS, be, and
is hereby, sentenced to confinement in the Institutional Division of the Texas Depa.rtJrielit of
0 Criminal Justice for FORTY (40) YEARS and that the Defendant be immediately taken by the
Sheriff of GRIMES County, Texas and by him safely conveyed-and delivered to the Institutional
Division of the Texas Department of Criminal Justice there to be coD.fined in the manner and for
the term aforesaid.
D The Defendant is remanded to the custody of the GRIMES County Sheriffuntil the Sheriff
can obey the directions of this senteocc:.
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0 APPEAL: __~~~-·-----
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N0.13,603
THE STATE OF TEXAS X IN TIIE DISTRICf COURT OF
vs. X GRIMES COUNlY, TEXAS
DAVID GREER X 278TII DISTRICf COURT
CHARGE OF THE COURI
LADIES AND GENTLEMEN OF THE JURY:
The defendant, DAVII> GREER, stands .charged by. indictment with the offense of
o~. i intentionally and knowingly possessing, with intent to deliver, a controlled substance, namely
"
methamphetamine, in an amount of at least 4 grams but less than 200 grams, by aggregate weight,
including adulterants and dilutants, alleged to have been committed on or about· the 5th day of
October, 1995 in Grimes County, Texas. The dc;fendant has pleaded not guilty.
I.
Our law provides that a person commits an offense if he intentionally or knowingly
possesses, with intent to deliver, a controlled substance.
Methamphetamine is a controlled substance.
You arc instructed that by the term "possession", as used herein, is meant the actual care,
custody, control, or management of the controlled substance at the time in question.
. A person commits an offense only if he voluntarily engages in conduct, including an act, an
: o!I)ission; ~- p~ssession.
With ~csp:ect to the "possession" charged, you are instructed that such possession is a
volun~ i<;l ifthc·_;>Ossessor knowingly obtains or receives the thing possessed or is aware of his
contro~-.of the-thing:for a sufficient time to terminate his control. Such possession need not be
Vol M Pg66
B "My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this
aftidavit, and personally acquainted with the facts herein stated.
[l I am employed as the Chairman of Classification and Records for the Texas Department of Criminal
Justice- Correctional Institutions Division, and my office is located in Huntsville, Texas.
I clo hereby certify that the attached information provided on inmate GREER, DAVE
0 TDCJ/BPP# 454082 ,cause# 1717585, are true and correct copies of the original records now
on file in my office maintained in the regular course of business within the <:;:lassification and Records
Onice of the Texas Department ofCI·iminal Justice- Correctional Institutions Division.
0 In witness whereof, I have hereto set my hand this the 4th day of September 2012.
0 nh
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...,....; :..: ....... t_. (J__ t_. __ ,(-
(_~)
Kelly Enloe,
0 Chairman
Classification and Records
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The director shall certify under the seal of the CorTectionallnstitutions Division the documents received
0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under
this subsection is sel [-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal
Evidence.
0 Article 42.09, Subsection 8(b), as amended by S. B. I067, Acts 1993, 73d leg.
0 (Rev.l2/02)
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a~;
STATE'S
EXHIBIT
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Al&:..!:Wit'doel~..
NO. 17 I 175-8~ ...·:
JUN 101987
.J11l)QSDrT 011 PUA Of Ctllt.TY 01. ltOLO ~U UPOU COUJ:T
ll.UVEt or JtJU nUL
Ju.q. P-rodd1q: !f.t. fKPF
'JS r.
-~~.'
0 eSTif .Jt.rtiCIAL OIS1.RICT
fJ Th.e !)et(l!l~nt l~vln9 been indi-:~eod in t~ ~l:>ove
bored c••1ae for tha !olor.y of!enao of tbdt S7.}Q··S2D,ooo
entl.tlod· and ·own-
and
0 •.h.~a e.tuae b~.-l'l'J thia da~.e called f?r trial. the 5tA:te ap~ared by its
0 o~~:.::!:.::f:.:;;ll:....--------~------
and the O.far.dA.nt. _ _ appo•re-::.1 in
per a.o n anval oi
a~ t.h• Court, anont attachc.d to the ottonae and ot
adl:lor.lah~r!
0
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1n ontortr-.q tho ple.a1 ·tho Court tnqu-lrod 1t there waa a ploo. a9roe~:oent
t>.t tw.o-en • ._. Stat• Q.nd tl\.e Dcfo".
t>o!e~r.t
~:.--n1tt~
H ti">a
to •1thd.uov hl• p!~a
he. adai•ribl~
.tl'nd chat any a~o.telD'tnt
A~nt· vo.11 mentally
0 co=petent at\<2 that th,; plea
D1t!'~·~.nt h.avl:lq con~•nted
w~a !reelr a·'d -viJlUl\tat'ily 4nt:orad, ar.d the
in ..,.rit1nq, in c:p.tn court:, to va1ve the
0 OP93Arance. con!rontation. ar.d croaa-exa4!nation of
con&urnt~ to th-o atipula tior. ot evidence •nd to th•
v1tn•~•••
intr~uetlcn
and h3vin~
o!
0 t~at:~ny by a!t1d4v1ta,
~OCW>Ctnt:~:-y ev1denc~t.
•ritten sto.t~nta of witneaaea, and any other
a.r.d auch waiver and c:oniSent having been approved
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D - JURY WhiVED - PENI~~y ~0/0R rrNc
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the Court in wri tin<; and filed in th'! p4pera of thia ~··~•~, the plea
-,( tlwt Oe!etld.&nt vaa receiv.d. &n.;i 1• ~:t• ~ otntered of record upon the
0 ~'~utaa.
'"·t ax~ ~
Tbe Court furtber taforz44 ~ Deftndaftt that if the Court did
plea r~nd&tion aad4 by the &tate. and •9r.,ed to by
0 tllthl"f l~ b4ll' t.huHOt. the OXU't p~, ita the presence
0
tlhereupoA
·, ~ tM O.twn4Ant, to ~ ae.no~ &9&1nat the Dofenodant aa .t'ollolofa,
• : t h ~ order ot ~ ~t thAt the Defeft4ant. DAYI gam
0 • who "-8 bHQ a4j~ to be tuUtr ot the oftcnn
0 :c:- a tena ot Uu,.{...,.,.l_ _ _ _ _ year~ be delivered by the
!:".c:rUf of ara~roe COaaty, ~. 1...-diatc~ly to the Dir.ctor of Corr.ct..i.ona,
0 .:;r otMr per.OQ l~lly
:vnd&nt ahall be confined 1n the
aathoriz.-4 to re<:ei.,. auc:b c:onvicta,
De~rta9nt
an~S that tM
of Corroctiona for a term of
0 tl•t ljl_ _______ year• in accor~nee with the p~iaiona of the law
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- JURY WAIVED - ~£NIT~~~ ANO/OR FINE
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~· d-efendant vas rem.llnded. t.o jeil un;il tho Sl'lorit! can obey
0 th• direoct1onl! of thia
'!he deten.:iant
aer.t~•lCC. '
rtt<:eive crr..-dit on h!..s 118ntence for the timC?··
r~hal:!.
~:-:,e. IJ(). 10'1;; j-ft)-~
~nt in )a~l 1n the ~bo~ atylod and n\.UIIborcd cause from 11... /2 ·14;z .
~-KJ-Y1
for a total of
to LiE - ,;1.1)- " '
__ 1#0 da.ya cr~!t. Tho Sho~tr1t! of Br•zoa 'County, h::?d by t.h~ Court ·)f t.hr. r;:~nr.c of puni:;hrncnt .:Jtt.;c:hr.·J to t~hc orrcn:;c
0
0 in ~rtering
was mentally
the plea.
CO"'PC~~nt
It further aprParcd to
and t:ll~!. the }"llC'l w;:~;;
t~c
vo:untarll.v
Court that the defendant
cn~;;rccJ. The
~efrnd~nt then can~cntcd In writinG in open Court to w~iv~ the ;Jppccrancc,
0 r:onf:-ont,:ti-:ln il!"ld cross-~x;:-ni niJ~.l.o•\ of witn<:?sr.e:-. ar.d C(,nsentef !:h,. t!::"f~:ld:lnt. ~n p:"ohnt.ion for '
_.l_~.!LJ..!..Ql __year5.
0 f\lc:d
0:1
<1 ~~c-tl-:-n
4th .
to p:-or;cc:-!.J".n
of --·------!"::~b<;!r. ______ , 19_~-~--- th~? State
r~nill :lt"Cscrot ond the Stntc .:~ppc;ll'Otl rcpros·cntc<1.
by its Assist~~t/Di5trict ~ttorncy, Laurie A. -Hubbell This
C•)llt"t, ;J(tcr hovinl! hc:.r-:l the State's H'ltion to Atljudicutc .und hcurinl:
D cvidcn~o
DcfcnJ~nt
o!fcr~ri
violiltcrl
by ~oth p3rtics, is of the opinion and finds that the
the conditions of ~robaticn imposed upon him ilS follows,
D
In that tho da!ondont, DAV~ GR~ER, on Janu~ry· 2~, 1985, did then a~d there
D i;1 Brazos Co'-lnty, Taxa!>, in!.cntion-~lly und knowingly enter the llcll.day.,
Inn in Coll~ga StAtion, ~ithout th~ con~cnt o( the owner ~nd waa there-ore
arre5tod !6~ criminol tres~o~s:
D In that. the tlefend~Snt, ~'>Vt: GP.r:En. on November 14, 1~84, and Febt:u'ary 27,
19e5, did lhen and thcr~ iro~cst an ill~gal substance, tc-wit:
In that the
ma~ij~anu;
def~ndant, DAV[ G~~~R. en April 4, 1985, ~ay 22, 19~S,·June 5,
1?;95 . ..,nd Aucl th"!t·c ur.;e a con~.: .. \lcd !;ubstdnce,
to-w1t: methAmphetnrnin~~:
In that the cle!enc.1nt., or,vr: GR~E!l, on July 9, 190':., did then and there
use a controlled substance, to-wit: rHet.h.Yr.•phet<1mines:
D In that, th~ dc!,.:1dl!int DJ\Vl: c.nsr:n, un Septerr.t;:_or 3, 1985, did th•· .. ,•r.d
ther~ acl,.it to his probation o!'!icer, Gloria r!cGo~:en, th·~-1: he, the se~id
do!~nd~nt, had been aasociatinry with harmful and clisreput~blc character~;
!n ~hat tho dGfendant, CA~E GREER, has failed to m~intain suitable'and
0 stable employment:
ln that the deftttH.lant, 0.\V!: crt:ER, on llovc"'bcr 14, 1984, and June s,
1985, did then and there admit to his probation officer, Glorio :lcGow~n,
tlil!"1:. ha, the saitl ..defendant, hi!d left Br"·azoo County, Ttn{a~e, \~i':hout the
D written consent o! the Court;
In thllt the de!endJJnt, 01\.Vl: GPEEI1, faii'ed to p<1y probation fc":s f.or the
month:~ of .:·..::-:..:, .7<:!y, .1\U'J\l:.:t, Scpt~l~bcr, 11nc:.J October of 1985;
0 In thllt the dercndant., OAVC ~R~EP., !ailed to
31, 1994, and August 7, 1905: ancL
k~ep his curfew on October
ln that tho defendl!nt, OAV~ GRCER, failed to part.icipate in drug abuGe
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counseling .. \
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The Coul"t, hearing th'l Defcndont'3 pleo. ther,~to, the ;JVide,l~O submitted,
(J:'Id the OITf,'J"'cnts of counsel, found the Defend:.nt i:Uilty of the offcn3e of
J Bur]lary of o Habitation a~ ch~rged in the i~dictment
_,nd .1ss-:-s~crl the puni ~h~cnt :n: confiner.•en\: in t'tc Texas Department of
J C:orrcc! tons for ;) tcr~ o( f i·;e !·5) yc:~rs.
:T IS fll[REFOP~ CONS!DERE), ~RDERfD, ADJUDGED AND_DECR~ED by the Court
til.:Jt the Dcfcr.uar.t <:O"-"'Lttc tlo h.:Jn.· .1ntl recover of the D<:fcndont all cost~ o!' the
~ rc-"';;,..;eJ tc ;:Jii to
!he flcfend:~nt
~ ..·.•it chc further o:-dcrs of the ·_ourt.
sho:l rct:CI\'e crctlit on his sentence tor the time srcnt
~
:n ;;;il in 1'11: .,bove "t)dec.l ,nJ numbered c;~usc from the lf:>th day
of • J J_£, to the __1..!!_~}!___ u.Jy o{
_,_,lj)j,j.O,ui;J;'4ut-'>'--'- - - - - - - - , l ~-_-_k:::_ , f0T ;) t 0 I ,1 1 0 ( days
] t.:;, 3'-11 '" go;- -h.,. TJ,o;; fr;
(}_ • .._ .-f;
,19<(S,
~ •·•ADD!T!OSAL CRf:D!T .'-.'9-5.;. TO .!.-18-8~
85IH __ Judicial District
~ firazos County, Tcxa~
~
SOTICE Of APPEAL W~S ~0~ PERFECTED.
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..... D. BLlRLEY, DJST!IifTC1::1:py----
EH/·.ZOS COV~:'i', BR't"1~:, T:·;.:,-,s
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TilE 5ThTE Or TJ::JUIS !N Till-:
85th
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0 On ·the:
ORDCR Rt:VOK l HC::
lBt.h d~y of ~r i1 . , 1? S4 , t ,· ~· ~ ·, -' .
d_u,!_Y and lcrqdly c::onviclct.l-(nrlc o[ (cnac or 8~.1~!-.~ d
,-
on _·:_.
, .·
in U><: ..;l>ov~ cntlll~d;.o.!:"l """''l.iC-r:cJ c.su•c nnpp_~.~nfi'limcttt
0 .... u i•.oaa.ed oE ~ 0 (lO) . .Y,?.~.'i\!.1.~ c~n(ii\OIIOCnt in tho :lToxoa
Dol..:v-t...:nt. ot Cora:ee~onal' ll'X~~ nnd thn {"'f>O.,_ltion ot tho
aont.otk:O - • auapcri:dcl'i'aV:h>t: nr thu ,r~t'onl'tnnt: .ond tho
6oCoMant ..,.,. placed on l"roh.~tion ~or a porlo.l nr __ _!!;!_{!~- ycnr~t/
mno..
0 On the lOth "'"'Y of ~to!;>:er • 1? · 85
PtOtion to POvoke th<: prol:> boinq pr:.tMnt and. the Slotc op~·ar.cid llY her . . . . .
IM tho Covrt, after Mvinq hc.:ard a~ eonaidor"d t~. to' a . to
vr-~tion .. nd heerin9 the c~·id0 .
t,o Court La ot t~ opinlc:m "'"d rind• Aa D r.'ict t;hl!t: lho uarcndont violated
0 t~ tcrfiiJI ~Nd e<>n4n:to":o or htli prnb.1tion .~,. follow:-~, In wit::
l.n that the detend4nt, DAVE GRr.r~. <'Jn Janua::y 2.7, 1985., did then and there
in Brazoa County, Te.luas. intent'io.ndly and knovin9lY enter thfit Holiday
Inn 1ri COll~tq• Station, vithout the ci>n-n~ .of tho owner and waa ~herotoro
0 arrested for erlain4l troapeas1
In tMt the defendant, MY£ _CRZ:ER, on Hovembor 14, 1984, and Pebru'ary 27,
198~,did t.ho.n and thero inqoD\: An illoqal IIUblltAnca, to-witl mari1.uanaJ
0 ln that t.ho defond4nt, OAV&. Cltl:Y.R, On April 4, .1985., K«y 22, 1965, June 5,
19$5, and ~t 21, 1-915, did then a~ thoro use a controlled aubatanco,
to-itJ -~tuaines:
ln that the defendant. DAVE GREER, on July 9, 1985, did thon and there
0 oontrollod •ubat.n<:o, to-wit' lll~thar:tphcttnminoa;
u.a4l •
lD tn.t. tbe do!t~nd&nt OAVl: GREER, on Sopte!!U>ctr 3, 1985., did then and
tlMra ~t to his prob-ation otricer, Gloria McGowen, that ho, tho said
0 dofend&nt, had boon aaaociatinq vith hartlt'ul and disreputable characterlf 1
In that tho defendant, DAVE GREER. h.u !~tile-d to maintilin auit~ble ;and
atablo eftPloy=ontl
0 In \:Mt the doteod.ant, "».VE GREER, on lk>vembctr H, 1984, and June 5
1'_15, did then and there ~•it to hia probation officer, Gloria t~en
~ M,
vritt.en
tM ~id d•f•ndant. had left Bra:z:oa county. Texaa, \fithout tn~'
cons.an~: l"lf the Court; ·
u In that the defendant, DAVE GREER, failed to p~y prob~t1on tees for
aontha of Jun•, .July, Auber of 1985;
ln tMt the de.fend«nt, DAVE GREER, failed to keep his cur.few on Octo~r
the
31, 1984, and Augu•t 7, 1985; and,
0 In that the defendant, DAVE GREER
counsel inq. '
failed to participate in drrtn 4buae
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IT IS THEREFORE ORD~RED, ~DJUOGEO ~NO DECREED by the Court, that
the order suspending the i!llpOsition of the sen~cnce ~ and pl·a.cinq the Dc-
fenOnt !or the ~E>e=n~e="lf~"'i~t:::-
of , tho victi~ ot ~ha prisionera cri~e,
•• a cc~1t1on ol hu; parole 1.n accvrd(lnc!! with Art. 42 •.12 Sec. 15 (q).
Th« Defendant zhall rocoivoe credit on his sentence for the ti111e
l~nt l.•; ~a11 in the abovcr Atylod and numbered cauae !r0111 the lfith day of
JaXUA.JtT , 19 _£__• to the 18th day of '·'n"nr
19, !4 , tor ~ total of ,,. days credit_,.....,....,......""y______
-r; v--... C•"''1'i.:l:..........A \...;.h.,_ c--.-...p -tl:. \.;'\1-l.' _,..., 'l~-f-1.. T);sr-,.,·c.-1
Si.Qned thi11 =r~._ d11y of b!, (jv-L .......~, 19 C........,..t- .f
"t,.AZ..u Co-h
"Tt+'t.s: I
BSTH jUDICI~L DISTRICT
BRAZOS COUNTY, TEXAS
~~OT!C:E or ;,i'PEA.L :o.·;..s )-;CJT Pt:P.Ft:Cn;o.
it..Ll r;.~ ,;: ,
w. o. Bl!RU:?,· bt:1RY:i:'f CLERk
B~ZOS COUNTY, PRYMI,. TEXAS
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DEPUTY ·• ·
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D-
O
ct.ASSIFICATIOH - - - - - - - - - - - -
0 REFEREHCE - - - - - - ' - - - - - - - - -
0
0
0
0
0
0 ' .
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...;. .....
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0 408765 G~
Dale Recefved,_ _...-..:11::::.-_,s-"-"'ss"-------- Received From,_ ___,D:o:.RliZO=:.:sc....co=·------
Crime l UJC w. rr c 2) c 2-syr.s>
0 Sent8oce _ _...;s::..~rrs=-~·-------Sentence Begins
Retumodas _____________________________
10,..17-85
0 Dale Returned
Complexion ~
Age 18-84 Hair ·BOCHi
Date of Birth
Eyes BiOtl
12-22-66
Height !HO
Place of Birth
Weight _1""4""5__
mzoo ro.TX
0 Residence BIWB, TX
Scars & Marks:
NatiooaJity._ _~.AM!?.R!CNl=""""'-=.=--------
0 Ex-5ervice:
0
l 23
l 1
2
3
4
5
6
7
8
1
j
9
10
11
12 State's Exhibit No. 19-A
13 Judgment and Sentence
14
15
16
17
18
19
20
21
~ 22
23
24
J 25
u
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
Ill""'"
n (Felony Probation- Plea of Guilty/Nr Contendere - Art. 42.12. Sec. 3.
NO. 15,341
r· 0
)
[l THE STATE OF TEXAS
vs X
IN THE DISTRICT COURT OF
85th JUDICIAL DISTRICT
THE ST ~,c;Q.I,l,NT)' OF BRAZOS
~tm'irici or Bruos COWI!y, TelW,
0
!,Man: ,
do.html)o cerlify II= lbD f'Greaoiil& is a 1n10 aa4 cotroiit ·copy
of 1bc oriSUial; lhl& ecrti~ Rlfhcu dlllt II= SSNJ hlwO bcoen JUDGMENT
~Inc-No !~/.· Z·S 18 l9H4
A1TBIT:*" Hamlla
MARCHAMli_N.DU!rtct~. BrazosCo!m!y, Teua .\'f.--(). nunm, o !fr. ct.m.~
D By: <]}G4,1')1!t-~l~
On this
Deputy
the\~;\~-... day of Apr~l
.
. 19~, in_the ~
~> J~111~• r;ou~rf•j!f~ .. .'J
.n 1 e an num
;
·.-cause
."'\\• . <::>-"-"'-c::\ \ -=.'-!.
being this day called for trial, the State appeared by her Ass1s't"a;t'/D1s net A ttorrley and the Defendant,
0 David Greer , appeared in person and by Counsel,
and both parties announced ready for· trial. The Defendant, in person and in writing, in open court, having·
Travis Bryan
waived his right of trial by jury, such waiver being with the consent and approval of·the Court and now
0 entered of record on the minutes of the Court, and such waiver being with the consent and approval of
the Assistant/District Attorney in writing and filed in the papers of this cause before the
Defendant enter'ed his plea herein, the Defendant wa~ed/waived arraignment in writing,
0
and, in open court, pleaded guilty/nolo contendere to the charge contained in the indictment/
inf~n. Thereupon, the Defendant was admonished by the Court of the range of punishment
attached to the offense, of the fact that any recommendation of the Assistant/District Attorney as to
punishment was not binding upon the Court, and that if the punishment assessed· did not exceed the
0 punishment recommended by the prosecuting attorney and agreed to by the Defendant and his attorney,
the trial Court ,must give its permission to the Defendant before he may prosecute an appeal, and
that if the Court rejected the plea agreement, the defendant would be allowed to withdraw his plea
0 and the fact that he/s-Re-had pled guilty or any evide'nce introduced may not be admitted against
the Defendant on the issue of guilt or punishment in any subsequent criminal proceeding; and it plainly
appearing to the Court that the Defendant was mentally competent and that the plea was freely and
voluntarily entered, the said plea was accepted by the Court and is here entered of record upon the minutes.
0 The Defendant,.having in open court, in writing, waived the appearance, confrontation, and cross-
examination of witnesses, consented to the stipulation of evidence and to the introduction of testimony
by affidavits, written statements of witnesses, and any other documentary evidence; and such waiver
0 and consent having been approved by the Court in writing and filed in the papers of the cause, the said
plea of the Defendant was received and entered of record upon the minutes. The Court. having heard
the indictment/i~ion read, or the Defendant's waiver or reading of the indictment/i~on,
the Defendant's plea thereto, the evidence submitted, and the argument of Counsel thereon, found the
D Defendant guilty as confessed by him of the offense of burglary of a habitation
a felony, and assessed the punishment at confinement in the Texas Department of Corrections/
:l'&l1uoos:>Jl:oN!1L'Oj!o.Xlil for __ten (1 D) (cJ.avx}dyears) and a fine of$ -0-
0 IT IS THEREFORE CONSIDERED, ORDERED, AND ADJUDGED by the Court that the Defendant
is guilty of the offense of burglary of a habitation , a felony, arid that
0 the said Defendant committed the said offense on
and that he be punished by confinement in the Texas Department of
ten
the~ day of ;_.,\Ys'-\,0....>'-..
~~)(years). and that the State of Texas do have and recover of the Defendant all costs of
Corrections/Boamoo~b;Xd(;il
, 19~.
for
[J the prosecution. for which execution will issue.
HOWEVER, On this \'1\\-. day of _ _...:A'-'.J"p.=r-"i'-"1=-----· 19~, the Court after due consideration
is of the opinion, and so finds, that the ends of justice and the best interests of both the public and the
D Defendant will be served if the imposition of the sentence in this cause is suspended and the Defendant
is placed on probation under. the supervision of the Court.
D IT IS THEREFORE FURTHER ORDERED by the Court that the imposition of the sentence in
this cause be and the same is hereby suspended during the good behavior of the Defendant, and that the
Defendant be and is hereby placed on probation for a period of ten ( 10) years , beginning
u on this date, under the supervision of the Court and the duly appointed and acting Adult Probation
STATE'S
EXHIBIT
1"16
s County, Texas, provided that the Defendant shall comply with the following terms
of probation:
0 COUIH.COPY
1:1-
. i
·-liihiiL'n!lT~i.C: .: ..:..:::~~:::. ~~.
~ --
~~'~l?":•#c~~: . I /J{;l .
l):-\~11;·; .:· .. .:;.;::: ...·· •. -·~···- -··!
---~-if!f/(l-·-·-~ -'
0 THE STATE OF TEXAS
vs
X
X
IN THE DISTRICT COURT OF
85th JUDICIAL DISTRICT
[)A Vi:
~GREER BRAZOS COUNTY, TEXAS
CONDITIONS OF PROBATION
In accordance with the authority confP,rrecl by the Adult Probation and Parole law of the State of Texas, you
have been placed on probation on this\ clay of~pri 1 1)1\'
, 19--.8it_, for a period of ten years for
D the offense of
by the Honorable
burglary of a ha itation
W. T · McDonald, Jr · , Judge, 85th Judicial District Court. Brazos County, Texas.
It is the Order of tht! Coun thnt you comply with the followino conditions or probation in that you shall durina lhe period of probation:
0 Commit no offense against the laws of this State or any other State or of the United Stones or of any governmental entity; further. you cue to report
to your Probation Officer within 4.8 hours i( arrested or Qt.icstioned by a law enforcement officer;
Avoid injurious and vicious habits, refrain from using alcoholic bevcr,:-->J"" -.....~"" C}..,::" ~
/'(,_ (y) Obtain aGED certificate or high school diploma within'=3:65=~s from the
date of Order.
0 Signed this\ SA\\_\
.. . .. ,,.,
EILED
Af..:Li.:L.o• clocl<-'--.
day of _ _-'A'-!.l:::..:r:...l.=·.::l=--1--- 19~ . .
I
/\
'
i'!.?i; 18 1984 .
0 I ocknov,;\edge rOC.Iflpt hom the Clark of a copy of tny eom~f1on
Ot?ur.YCLERK
Page 2 of 2 pages
D . 3OA G78 COUilT COPY
0
TilE STI\TE OF TEXI\S .
· IN TilE nn;'I'!HC'!' COUH'I' 01'
/./ IoJLED}
vs ......?5-t:.£:_ JU! Igi,ftr.J:r ~~~EnK
On. the 18th clay o [ __ ·--~pri;L · , .19 84 , l:hc ~ - . ' . • uty
duly an·d le9a lly conv ic t.cd ro •: the of (en se of Burglary of a ab at ·on
B . '·
was assessed at
·in the ul>ovc entitled unll nuiiil.iei'QJ""C::..,-usc--ii.i1d-):)ui1Tsliment" __ _
·1'en (l.G..) years~~ con finemcnt in the (•rexa.s
Dep.:~rtmcnt of Correct~ons) ~.i}fxlx-~~»Af}t;m{XJXIJ4~~ nncl the imposition o·f. th~!
sentence was suspe,nded clu.:ill•J till.! ~oocl behav.i.<>l." or tho du[cndunt ancl the
0
defendant was placed on r>robati.on for a period of Ten (10) ye;)rs/
x'~ID\'SJ< -------- .
On the lOth duy oL October , 19 85 , th<~ Sl:nt.c filed a
Motion to Revoke the probat~on granted EFiedcfcndant-.-
0 On this 4th day o£ November
appeared in open court in .pers~us attorney,
, 19 85 , the Defendant
Travls B. _Bryan, III-
also being present and .the State appeared by her /\ssrst.-:ini:7UTstrTcthttorncy,
and the Court., after l1avi11g hcqrd and consicler.cd l:hc Sl:ul:c 1 s 1-lot:ion to nevoke
0 probotion and .hearing the evi.de·nce offe'rcd by both .the· Stntc and the Defendant
the court. is of the opinion <111d finds as il fncl: l:hnt the De r.enclant. violated
the terms and conditions of his pr.obntion ,,s fol:l.ows, to wit:·
0 In that the defendant, DAVE GREER, on January 27, 1985; did then andthere
in Brazos County, Texas, intentionally and knowingly enter the Holiday
Inn in College· Station, without the consent of the owner and was-therefore
arrested fcir criminal· trespass;
0 In that the defendant, DAVE GREER, on November 14, 1984, and Febru'ary· 27,
1985, did then. and there ingest an illegal substance, to-wit: marig.uana;
In that the defendant, DAVE GREER, On April 4, 1985, May-22~ 1985, June 5,
0 19S5, and August 21, 1985, did then and th~re use a controlled substance,
to-wit: methamphetamines;
In that the defendant; DAVE GREER, on July 9, 1985, did then and there
0 use a con-t:rolled substance, to-wit: methamphetamines;
In that the defendant DAVE.GREER, on September 3, ·198.S, did then and.
there admit to his probation officer, Gloria McGowen, that he, the said
.I
.';
defendant, had been associating with .harmful and disreputable characters;
0 .
In that the defendant, DAVE G~EER, has failed to maintain suitable 1 a~d
stable employment;
.t
0
In that the defendant, DAVE GREER, on November 14, 1984, and June 5,
1985, did then and there admit to his probation bfficer, Gloria McGowen,
that he, the said defendant,· had left Br-azos County, Texas, without the
written consent of the Court;
0 In that the defendant, DAVE GREER, fail'ed to pay probation fees for the
months of June, July~ August, September, and October of 19~5;
In that the defendant, DAVE GREER, failed to keep his curfew on October
0 31, 1984, and August 7, 1985; and,
In.that the defendant, DAVE GREER, failed to participate in drug ab1,1se
counseling.
0 THESTATEOFTEXAS; COUNTY OF BRAZOS
o.
I.Marc Hltllllin. Clert of the Di&lric:t or Brazos Counl)', Tcx:u,
do heRby catJty that lite fon:JOilll ira uuc and corrcc:t copy
or 1be ori&iJW; this certilkation rcnects Ilia! lite SSN1 have 1>oeo
redacted mC&usc No. I53Lfl · XS'
ATil!ST: MICC Hamlin
MARC ~f:IUN,_ ~~~· Bru.os Coaaty. Tcxns
By: J!-.J,j -~~JIV . Deputy .
34A550
/
0 I'r IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court, that
the order suspending the imposition of the sentence, and placing the De-
[l fendant on probation, heretofore entered in this said cause be, and the same
is hereby revoked. ·
The Court further finds that the best interest of society and
0 the Defendant will.be served by imprisonment in the (Texas Department of Cor-
rections) XH~X~MKX~MMHX~XX~XX~ and therefore the ~~~~~~~~
MMX (reduced pu~isnment ofl
Corrections)
5~~~~ ~ears/~~ in the (Texas Department of
(Bf:lili(fliX~(SliiUt¥X~,.1!.· ~s hereby ordered to be served.
0 ON THIS the 4th day of
SENTENCE
November , 19 ~. the State
appeared by"her Assistant/District Attorney, and the Defendant appeared in
0 open Court in person, his attorney also being present, for the purpose of
having sentence pronounced in accordance with the judgment herein rendered
and thereupon the said defendant was asked by the Court whether the Defendant
had any legal reason to say why sentence should not be pronounced; and the
Defendant answered nothing in bar there6f, whereupon the Court proceeded,
0 in the presence of the Defendant, to pronounce sentence as follows:
IT IS THE ORDER OF THE COURT that the said Defendant, who has beeri
adjudged guilty of the offense of . _B_~lary~~~~itati~n·~~~~~~-
0 and \'lhose punishment has been assessed by the Court at confinement ~n the
(Texas Department of Corrections) X~~~~~ for a term of
five (5) years.
--be delivered by the Sheriff of Brazos County, Texas, to the Warden
0 of the Texas Department of Corrections, or other persons legally authorized
to receive such convicts, and·that said Defendant shall be confined in said
Texas Department of Corrections for xroxJoi.~~~xMXXKMx~~
xxxxxxxxxX~~X~x~~X~~~~x five (51 years, in. accordance with the laws
governing the Texas Department of Corrections.
0 --be delivered to the Sheriff of Brazos county, Texas, or other
persons 1 ga. y authorized to rece victs, and that said Defendant
shall be confined in said Brazos County Jail for a · days)
0 (years) in accordance with the laws governing the Brazos County Jail.
It is further Ordered, Adjudged and Decreed by the Court that the
Defendant shall pay restitution or reparation in the amount of $
payable to the Brazos County ~dult Probation Department for the ~b-e_n_e~f~i't~-
of , the victim of the prisioners crime,
as a condit1on of his parole in accordance with Art. 42.12 Sec. 15 (g).
The Defendant shall receive credit on his sentence for the time
D sperit in jail in the above styled and numbered cause from the
..,~~~-~~-,-=-:-::--~~-.:-=:-' 19 1 to the
19,~~---' for a total of --~~~~~~~--~----~--.a~a-y--s credit-.~-~~~~~~~-
day of
day of
Y ~ C a "' C. '-'- -r -ra...-k w',-h.__ c..">v\~ .. -/:b. )~, ~b 1 i~ 'l~--/-1._ 1) is (-l",·c:r
Signed this Lf-~ day of 1\.\ d~/ 1 19 • c, .__,..t- .f
""Srli_z._os Co.....h 1
f!..-f'1.S I
\t=-e ~~h--~
PRESIDING JUDGE
c
( {)''
~
85TH JUDICIAL DISTRICT
0 BRAZOS COUNTY, TEXAS
0
0
0
0
0 24
0-- 1
2
0 3
n 4
5
0~ 6
7
0 8
0 9
10
0 11
12 State's Exhibit No. 20
0 13 Judgment and Sentence
0 14
15
0 16 -,
0 17
18
0 19
20
0 21
0 22
23
0 24
o~ 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
0
[] ...
Page 1 ofl
No.
THE STATE OF TEXAS * IN THE COUNTY COURT
VS. * AT LAW Ne:-1""/NO. 2
B .I)~,.J -L.. })...::c~.JV: - C~-..ee.~- * BRAZOS COUNTY, TEXAS
0 JUDGMENT + SENTENCE
0 On this date the above numbered and entitled cause was regularly reached
and called for trial. The State appeared by her County Attorney and
1J _ _ _ _ _.........c.· .c. D<. .:': :.:.' . .: !.C~:?,.__})0 o.v'fL. Q) r--e.e..r
hereinafter referred to as de.feudant, appeared in person and through attorney
_..-.- r.\._
s
0 cJ·.._, '.AJ'-- < _)Lo.,.v.A.J.
attorney in writing) and in open court plead Guilty/Nale-Bont-eruY:e- to the charge of
(waived his/her right to an
..--·· (\
t-:.----.1 i·-.<:'U'(~J- A-cce s·A--
0 as alleged in the information. Thereupon the defendant was admonished by the. Court
of the consequences of said plea and the Court, having heard the evidence which
0 substantiates the defendant's guilt as confessed by him/her of the above offense,
which occurred on the .?,\". JJ~ day of 'Ff tu' ,19.9.).._.
0 It is therefore ordered, adjudged, and decreed by the Court that on this date
the defendant is guilty of the above offense as charged in the information in this cause,
0 and as confessed by him/her in the plea of_guilty herein made, and the Court, having heard
evidence on the question of punishment and argument of counsel, thereupon fixed the
0 punishment by payment of a fine in the amount of $
confinement in the Brazos County Jail for a term of
6DO
90 days) and that the
(and by
State ofTexas do have and recover of the said defendant all costs of this proceeding
0 incurred, !"or which let execution issue in accordance with the laws governing the State
of Texas.
0 STATE'S
SIGNED TI-IIS 25l\-....DAY OF_ _ ___.A~--r~v¥-''""")"""'.::("_,_4-_·-· _ _, 19.!:t;._.
EXHIBIT
0 1...6
0
/ ______ _,
\,~, ... ...
0
0 25
0--. 1
2
0 3
0 4
5
0 6
7
0 8
0 9
10
0 11
State's Exhibit No. 21
0 12
13 Judgment and Sentence
0 14
15
0 16
0 17
18
D 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
o· OFFICIAL COURT REPORTER
272ND DISTRICT COURT
0
1
1
J
No.
THE STATE OF TEXAS *
VS. * AT LAW N0.1/NO. 2
D.,..vf BRAZOS COUNTY, TEXAS
JUDGMENT + SENTENCE
On this date the above numbered and entitled cause was regularly reached
and called for trial. The State appeared by her. County Attorney and
:i) CA --.J .-e-r
hereinafter· refen:ed to as defendant, appeared in person and through attorney
--------<"-~-'-,_·-..:.•'.=::.v-:<::..._·_-;:S_,...._""·c.:o<-c.:-c:.~=·=·::.'.:>.>_ _ _ _ _ _(waived his/her right to an
attorney in WTiting) and in open court plead Guilty/Nohr€mrtendre-to the charge of
(6:_ l>\'- \ €_.ss S~-r,; >I\,.....__,~
as alleged in the information. Thereupon the defendant was admonished by the Court
of the consequences of said plea and the Court, having heard the evidence which
substantiates the defendant's guilt as confessed by him/her of the above offense,
which occurred on the 7-&-)-~'- day of ::r. ..J_,y;__ , 19 c17 .
It is therefore ordered, adjudged, and decreed by the Court that on this date
the defendant is guilty of the above offense as charged in the information in this cause,
and as confessed by him/her in the plea of guilty herein made, and the Court, having heard
evidence on the question of punishment and argument of counsel, thereupon fixed the
punishment by payment of a fine in the amount of $_s_,()"'--=C-,_)____.(ancl by
confinement in the Brazos County Jail for a term of_ _c....~.J.....(.L.)__ days) and that the
State of Texas do have and recover of the said defendant all costs of this proceeding
incurred, for which let execution issue in accordance with the laws governing the State
of Texas.
SIGNED TI-IIS ;2'7{~-k.... DAY OF_ _ ___.:/-c...:~c...:::U,_',-r.jt-··-.....:....J"-"3"-~---·_ _, 19_Tf._.
*i STATE'S
EXHIBIT I
~ _.lL..~--(-
~
0 26
o. 1
2
0 3
4
fJ 5
0 6
7
0 8
9
.D
10
fJ 11
12 State's Exhibit No. 22
0 13 Indictment
0 14 (Not admitted)
15
0 16
0 17
18
0 19
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS CSR
1
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
0
0 27
D 1
2
0 3
4
0 5
0 6
7
D 8
0 9
10
D 11
u· 12
13
State's Exhibit No. 23
Judgment and Sentence
D 14
15
0 16
0 17
18
0 19 ·.~
20
0 21
0 22
23
0 24
0 25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
0 272ND DISTRICT COURT
(~\
L~
0
/
[1-- ' CAUSE NO. 13,934
INCIDENT NO./TRN: 9151867087
DrHE STATE OF TEXAS § IN THE 21sT DISTRICT
§
COURT
[f· §
§
DAVE DUANE GREER § BURLESON COUNTY, TEXAS
§
[JSTATE ID NO.: TX03329636 §
rl. JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
U,. Judge Presiding: HON. Reva L. Tows lee Corbett·
Date Judgment
Entered: October 29, 2010
1
, Jennifer Lively Attorney for
ttorney for State: Elizabeth Whittington Defendant: Trey Dunne
Theft less than $1.500
tharging lnstrume~t:
!l)NDICTMENT ·
Date of Offense:
Statute for Offense:
31.03 Texas Penal Code
(')May 18, 2010
} -{pegree of Offense: I Plea to Offense: I Findings on Deadly Weapon:
I GUILTY
.,_,
- CLASS "A" MISDEMEANOR
nns ofP!ea Bargain:
IN/A
U
I
.se (1) year in the Burleson County Jail, $1,499.00 restitution (Restitution is .Joint and Several with co-defendants- #13,950-
Jason Ray Greer and #13,951- Billy Mike Harris, Jr.), court cost and court appointed attorney fee
..L.
U p] t 1' E 1 t p
ea o • • n 1ancemen aragrap 11:
J Findings on pt Enhancement
N/A
N/A
Plea to 2nd Enhancement/Habitual
Paragraph:
Findings on 2nd Enhancement/Habitual
N/A
Paragraph: Paragraph: N/A
/Date Sentence Imposed: October 29,2010 I
Date Sentence to Commence: I OCtober 29, 2010
Y \
Punishment and Place of
Confinement: One (1) year in the Burleson Count}' Jail
TIDS SENTENCE SHALL RUN CONCURRENTLY.
ime Credited: 118 days
_j I 1SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A.
[ ] Jn accordance with Section 12.44(a) Penal Code, the Court finds that thE!,ends of justice would best be s(!rved by punishment as a Class A
-misdemeanor. Defendant is adjudged to be guilty of a state jail felony and is ·assessed punishment indicated above. ·
line: Court Costs: Restitution: Restitution Pavable to:
$ 229.00 court cost
S N/A VICTIM (see below)
S 400.00 court appointed $ 1,499.00
attorney fee AGENCY/AGENT (see below)
Ir 1 Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.
TSex Offender Registration Requirements do npt apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62
·'\The age of the victim at the time of the offense was N/ A.
All pertinent information, names and assessments indicated nbuvc nrc incorporated into the lnngunge of the judgment below by reference.
This cause was called for trial in Burleson County, Texas. The State appeared by her Assistant/District Attorney.
[J Counsel/ Waiver of Counsel (select one) ·
":I Defendant appeared in person with Counsel.
JDe ·gently, and voluntarily waived the right to representation by counsel in writing in open court.
STATE'S
u-· EXHIBIT
2) BOO/{ f·111 /'PAGE
~
zw 766
0 0.
0
D
Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above to
•h_e lesser included offense of the indictment- Theft less than $1,500- a Class "A"· Misdemeanor. The Court then admonished
.. · fendant as require' ., ·;
Signature of PERSON TAKING PRINTS
BQ.OKJ-1.117 PAGE 7 6 8
---------~~--------· , ..___ vf
t ····..:
J
1-
J
}
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1
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}
.
;),:-;~\
·-. ..
\\ '// •');::
; _; ~ /~(~~~ : ~; £.
\. .;;:;:":Y~.~:. ·:~;~~
TH E--s:ratg~:Of.~fExAs:
) County··of -Burleson:
I, Joy Brymer District Clerk of Burleson
County, Texas, do hereby certify that the
I_ above is a true and correct copy of the
.original on file in my office.
28
1
1
1--
2
J 3
a 4
u
5
~ 6
7
J 8
j 9
10
} 11
12 State's Exhibit No. 24
j
13 Fingerprint card
14
1
15
} 16
17
l
18
1 19
20
21
i} 22
~
23
24
25
DENISE C.PHILLIPS, CSR
OFFICIAL COURT REPORTER
272ND DISTRICT COURT
]
}
'i lEAVE BLANk TYPE OR PRINT ALL INFORMATION IN BLACK
~ APPLICANT lASTt;;~,\ ~;:: ~ ~ ~ MIDDLE NAME STATE'S
~I BIT
'k-~~~~-------+~~--~~--~----~~Si!
I -liATURE OF PERSOtl FINGERPRINTED AliASES AKA
c~
~
,..SIDENCE OF PERSOtJ f.'i~JGERPRINTEO
'
[
'
CITIZENSHIP ill
>ATE
YOURNO. OCA
FBINO. E.1iJ
~~~~~~~~----~CLA~
ARMED FO!ICES NO. Mtli) --------------------------------------------
I ASQ~: F!NCERPRHHE.D
SOCIAl SECURITY NO. ~
REF.
MISCe!LAtlEOUS NO. Mtl.U
2. R. IN DEl< 3. ~. MIDDt~ •. R. RING S. R. Ullll
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CASE NO. 10-13-00049-CR
]
IN THE TENTH COURT OF APPEALS
WACO, TEXAS
J
DAVID GREER,
Appellant
] vs.
THE STATE OF TEXAS
J
ON APPEAL FROM THE 272nd JUDICIAL DISTRICT COURT
BRAZOS COUNTY, TEXAS
CAUSE NO. 12-03324-CRF-272
STATE'S BRlEF
J TO THE HONORABLE COURT OF APPEALS:
] COMES NOW, the State of Texas, by and through its District Attorney, and
,files this brief in response to the points of error alleged by Appellant, and would
respectfully show the Court the following:
STATEMENT REGARDING ORAL ARGUMENT
The State requests oral argument only if granted to Appellant
STATEMENT OF THE CASE
. On July 12, 2012, Appellant was indicted for the felony offense of unlawful
1
possession of firearm by felon. (CR at 1). On November 14, 2012, Appellant ple
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not guilty to a jury. ( 4 RR 22). The jury found Appellant guilty of the offense. ( 4
RR 184). The trial court found the two enhancement paragraphs to be true and
assessed punishment at 30 years in the institutional division of the Texas
] Department of Criminal Justice. (5 RR 59).
STATEMENT OF FACTS
Investigator Terry Young (Brazos County Sheriffs Office) testified that
on February 16, 2012, he helped execute arrest warrants against Appellant and
Monishia Campbell. ( 4 RR 28). Young stated that there were at least six officers
from the Criminal Investigation Division, all in different unmarked vehicles, that
]
were out attempting to serve the warrant against Appellant. (4 RR 29). Appellant
]
and Campbell were eventually located in a black Ranger pickup that was registered
] to Greer's father. (4 RR 30-31, 73). Because it was daytime, both Appellant and
] Gampbell were recognized in the truck. (4 RR 31 ). A marked patrol car was sent in
to make the stop of the vehicle. "(4 RR 31 ). The truck did not immediately stop. ( 4
]
RR 32). It proceeded for about a block, even though there was a place for the truck
]
to pull over before it did. ( 4 RR 32). The truck stopped after an urimarked car
J pulled in front of Appellant's truck, the driver of the unmarked car got out and
] pointed a weapon. (4 RR 33). State's exhibit 3 (video of the stop) was admitted. (4
RR 34). Appellant was driving, and Campbell was in the front passenger seat. (4 R
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43; State's exhibit 3).
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2
J
,
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Young described what is done with a vehicle, that is sitting in the middle of
]
the road, after an arrest ofthe driver is made. (4 RR 35). The vehicle is towed to a
J secure location after property in the vehicle is inventoried. (4 RR 35). In this case,
the truck was inventoried by Young after Appellant's anest. (4 RR 36, 38). Young
J
testified that he found the following in the bed of the truck: power winch, pieces of
]
metal and tools. (4 RR 37). The back compartment area (behind the seats)
contained clothing, a cane and a bag with more clothing. ( 4 RR 3 8). The bag with
clothing appeared to belong to Campbell because it contained small women's
clothing, and Campbell was "very petite." (4 RR 38). Young also recovered a
1
large, black leather jacket (State's exhibit 10). (4 RR 39). It was also in the back
compartment behind the seats and was not in the bag of clothing. (4 RR 39). He
]
checked the pockets and found a .22 revolver (State's exhibit 11) in the pocket. (4
2
] RR 40). State's exhibit 3 (video of the stop) was played; as it played, Young
noted that the video showed him taking out the jacket, finding the revolver and
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then setting it on top of the roof of the truck. (4 RR 45). Young noted that he
attempted to find usable fingerprints on the weapon, but could not. ( 4 RR 47).
Young also inventoried the bag with women's clothing and checked the
pockets. (4 RR 47). A pair of blue jeans was located; inside a pocket he found a .22
J Photo of jacket admitted as State's exhibit 4. (4 RR 48; 6 RR State's exhibit 4).
2
Photo of revolver admitted as State's exhibit 6. (4 RR 48; 6 RR State's exhibit 6).
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3
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long rifle bullet. ( 4 RR 49). Young explained that the revolver could not fire the
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.22 long rifle bullet because the revolver was~ chambered only for a .22 caliber
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J . short round. (4 RR 50). Specifically, the .22 long rifle would stick out of the
cylinder of the revolver preventing the cylinder from rotating. (4 RR 51-52).
1
Young noted that he did not seize the .22 long rifle bullet from the jeans as
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evidence because it did not fit the revolver and was not illegal for Campbell to
J possess in the first place. (4 RR 53). Young found that the revolver was fully
] loaded with .22 short bullets, and it was ready to shoot. (4 RR 53).
Young_~greed that Appellant was not wearing_ the jacket when the truck was
J
stopped. (4 RR 56). Appellant was wearing a tank top and camouflage pants. (4 RR
]
4 3 ). Young concluded that the jacket belonged to Appellant because it was an extra
J large size and would fit Appellant, as opposed to Campbell. The video of the stop
J and inventory (State's exhibit 3) also showed Campbell to already be wearing a
~ ~ I
'l jacket. (4 RR 57).
J
On cross-examination, Young stated that he assisted Deputy Ficke with the
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inventory. (4 RR 57). Ficke actually prepared the inventory sheet. Based on the
J video, Young did not believe that Appellant's tru~k was speeding at the time it was
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~ stopped. (4 RR 58). Nor did he witness the truck commit a traffic violation. (4 RR
3
J Photos of jeans and bullet admitted as State's_ exhibits 8 and 9. (4 RR 48; 6 RR State's
exhipits 8 & 9).
J
4
59). The jeans, that contained the .22 shell, were a size 5. (4 RR 64). Young also
]
agreed that there are three sizes of .22 bullets: .22 short, .22 long and .22 long rifle.
] (4 RR 64). Although a .22 long rifle bullet would not fit in the revolver, a .22 long~,
bullet would. ( 4 RR 64-65). Young agreed that the actual shell was -not collected,
although a pl).oto was taken. (4 RR 65; see 6 RR State's exhibit 8). Young
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believed that the actual shell was a .22 long rifle, and not a 22 long, because he
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had had '·'a lot of personal experience with .22s, and my personal belief is that it's a
] long rifle." (4 RR 65). He had not tested the revolver and did not know if it would
4 .
fire. ( 4 RR 66). The revolver was not swabbed for DNA, nor was amy DNA
testing done. (4 RR 68-69). The revolver was not tested for fingerprints until a
]
week before trial, at the request of the District Attorney's Office,. (4 RR 69). The
J bullets in the revolver were not tested. (4 RR 70). In the video, Campbell was
] wearing a jacket, which was too big for her to wear. (4 RR 71 ). An ATF (Alcohol,
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Tobacco and Firearms) trace was sent off; no. - report came back on the original
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owner. (4 RR 72). The truck that Appellant was driving was registered to his dad.
(4 RR 72-73 ). Young did not witness .Appellant say that he owned the revolver. (4
RR 73).
Young reiterated that. the reason for the stop of the truck was to execute
4
Although this was not argued on appeal, it is noted that the State was not required to
prove that the firearm was operable. See Bollinger v. State, 224 S.W.3d 768, 775 (Tex. App.-
Eastland 2007, pet. ref d).
5
an-est wan-ants. (4 RR 75). He did not actually make the stop; Deputy Ficke did. (4
RR 74). Investigator Ledesma had received information that Campbell and
Appellant were together in the truck and had wan-ants; Ledesma confirmed the
outstanding wan-ants. (4 RR 75). Young did not remember if the truck had dark
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tinted windows. (4 RR 75).
]
Investigator Ricardo Ledesma testified that, on Feb1uary 16, 2012 at
approximately 2:00 p.m., he received a phone call from an informant. (4 RR 80).
As a result, he started looking for a vehicle inhabited by Appellant and Campbell;
dispatch confirmed that both had outstanding warrants. (4 RR 80-81 ). During the
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stop, he was in a car at the very back. (4 RR 82). It was a cool day; he was wearing
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a wind breaker jacket. (4 RR 82). Campbell had on a red shirt and camouflage
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jacket. ( 4 RR 83). Ledesma read Campbell her Miranda rights after her arrest. (4
] RR 83 ). She agreed to speak with Ledesma. (4_ RR 83 ). Ledesma knew Campbell
as a victim in a previous case ~e had investigated. (4 RR 84 ).
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Because everyone in the truck was arrested, it had to be towed. (4 RR 84 ).
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An inventory search was conducted. (4 RR 84). During the inventory, the revolver
J was found in the jacket. ( 4 RR 85). Ledesma took the jacket to Campbell to
J determine who it belonged to. (4 RR 85). Campbell's demeanor "was more of a
surprised look and just kind of shook her head as no." (4 RR 86). Appellant also
]
denied owning the jacket. (4 RR 86). Appellant was ultimately alTested for
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l possession of the revolver. (4 RR 87).
J \
On cross-examination, Ledesma stated that he could not provide the name of
J the informant. ( 4 RR 87). The informant provided information that Appellant
might be in a particular vehicle. (4 RR 88). Deputy Ficke actually filled out the
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inventory report (State's exhibit 15) for the truck. ( 4 RR 89-90). Campbell was in
J the back of a patrol car when he showed her the jacket; she had a demeanor "when
J you ask somebody a question - or even children, you ask them a question, and they
J immediately deny it." (4 RR 91). Again, Campbell was wearing an oversized
jacket. (4 RR 91 ).
J
On re-direct, Ledesma stated that he had worked with the confidential
J informant before, and he had proved reliable and truthful. (4 RR 92). The
J infonnant only provided a possible location for Appellant._(4 RR 92).
J On re-cross, Ledesma was aware that the .22 long rifle bullet was found in
the size 5 jeans. (4 RR 93). Ledesma was shown State's exhibit~' photo of the .22
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bullet. (4 RR 94). He opined that the bullet in the photo was a .22 long rifle
J because of his experience with a .22. (4 RR 94). He did not request any ballistic
J tests on the revolver or shells. ( 4 RR 95).
J Officer Laketh McKinney (Brazos County Sheriffs Department) testified
that he was a detention officer in the jail. (4 RR 96). On August 29, 2012, he
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supervised Appellant in the jail. (4 RR 96). When he told Appellant that he needed
J
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to follow the rules, Appellant replied "that he was in jail for not following the
l rules, and he wasn't about to start now." (4 RR 97).
J On cross-examination, McKinney agreed that "every word out of this man's
[Appellant's] mouth was exactly what he means." (4 RR 99). McKinney noted that
it was an ongoing thing for Appellant to not do what he was being asked to do. (4
RR 98).
State's exhibit 14 (stipulation that Appellant was the same person convicted
of possession of methamphetamine, as listed in the indictment) was admitted. (4
RR 99).
]
Appellant's evidence during guilt-innocence
]
Monishia Campbell stated she was in a relationship with Appellant for
]
about two years. (4 RR 113). On February 16, 2012, she and Appellant were
J arrested. The day before her arrest, she was mad at Appellant and had packed her
things; she grabbed whatever clothes and a gun, placed it in a bag and left. ( 4 RR
J
114). On the day she was arrested, she had called Appellant to come pick her up;
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they got pulled over. (4 RR 114). The revolver was hers, and not Appellant's. (4
] RR 115-116). She did not remember.where she had put the revolver when she left;
j in the heat of the moment, she just stuffed wherever she could. (4 RR 116). She
n covered it up because she did not want Appellant to know that she had it; he was a
j
felon, and she did not want to get him in trouble: (4 RR 117).
]
8
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The jacket in question was Appellant's, but she wore all his jackets. ( 4 RR
]
118). She opined that Appellant did not know that the gun was back in the truck. (4
] RR 119). She admitted that she had a conviction for possession of crack cocaine
out of Galveston County, and she was on probation at the time of her arrest. (4 RR
]
120). She was arrested on the Galveston County warrant when they were pulled
l over in Bryan. (4 RR 120). Her probation was later revoked, and she did eight
months in Galveston County. (4 RR 120). She also had convictions for theft and
] prostitution. (4 RR 122).
] During cross-examination, Campbell agreed that she had spoken with the
prosecutor out in the hall the day before she testified. (4 RR 121). During that time,
]
she told the prosecutor that she had wrapped the gun in clothes and put it in a black
duffle bag with the rest of her clothes. (4 RR 126). She also said that the gun was
J still wrapped up in her clothes and in that black duffle bag when they got pulled
over. ( 4 RR 126). Campbell stated that the gun should have been in the duffle bag.
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(4 RR 126). Before theywere pulled over, there was no reason to have the gun out.
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(4 RR 127).
1 Campbell stated that the jacket (State's exhibit 10) was Appellant's. (4 RR
129, 130). Appellant's mother had given the jacket to him a few months before the
stop; the jacket was significant because it had survived a fire. ( 4 RR 127). She had
told the same thing to Ledesma at the time of her arrest. (4 RR 127, 132).
9
Campbell stated that Appellant was wearing the camouflage jacket when they were
anested, not her. (4 RR 128). The jacket (State's exhibit 10) was in the duffle bag
in the back seat area at the time of her anest. ( 4 RR 128). Again, she wrapped the
gun in .clothes and stuffed it in the duffle bag; she did not stick it in a particular
pocket of the jacket. (4 RR 130).
1
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She was not aware that her conversation with Ledesma, after her anest, was
videotaped. (4 RR 132). She now testified that, when Ledesma asked about the
gun, she wasn't really surprised, just scared. ( 4 RR 133). She admitted that she
immediately told Ledesma, at time of het anest, "no, no, no, no, no, that's not my
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gun .... " (4 RR 133). She also told Ledesma "That's Hillbilly's [Appellant's]
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jacket, and I didn't know that there was a gun. It's not my gun. It's not my gun." (4
]
RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long
] time?'' (4 RR 134). She testified that, at the time of their anest, she knew
Appellant was a convicted felon, and it would be bad for Appellant if he were
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caught witha gun. (4 RR 135). She also told the officer who transported to jail that
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she "had no idea that there was a gun in the car." ( 4 RR 136).
1 On re-direct, Campbell stated that she wasn't completely truthful with
J Ledesma because she did not know if she had a wanant for her anest or if she had
a felony. ( 4 RR 138). She was not present when the officers inventoried the truck.
1
(4 RR 141).
]
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State's rebuttal evidence during guilt-innocence
Investigator Ricardo Ledesma was recalled. (4 RR 144). The entire,
unredacted video/audio of State's exhibit 3, showing the stop, was played for the
'---· ... l ' ,,
jury. 5 (4 RR 143-144). It sh~wed Campbell wearing the camouflagejacket. (4 RR
144). Appellant was wearing a black cut off t-shi1i and camouflage pants. (4 RR
145). Appellant was not wearing a jacket at the time of his arrest.· (4 RR 145).
Again, Appellant told Ledesma that the leather jacket (State's exhibit 10) was not
his. (4 RR 146). At no time did Campbell ever tell Ledesma that the revolver was
hers. (4 RR 146). A few weeks later, Ledesma spoke to Campbell again in the jail;
she did not say that the gun in the truck was hers at that time, either. (4 RR 147).
Investigator Terry Young stated that the leather jacket was not found
inside the black duffle bag that contained all Campbell's clothing. (4 RR 155).
Investigator Jason Ware stated he was on scene when Investigator Young
inventoried the truck; when Young recovered the jacket, it was not removed from
any kind ofbag. (4 RR 159).
On cross-examination, Ware said he did not know exactly where in the truck
1 5
The unredacted version of State's exhibit 3 was admitted to impeach the testimony of
. Campbell. Specifically, the prosecutor noted th(:l.t:
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... I asked her [Campbell] three or four different times three or four different
ways if that conversation she was talking about with Ledesma where she told him
1 it was not defendant's gun was at the scene that day. She very clearly said: "Yeah, ·
it was at the scene that day." Once she found out she was being videotaped, on
redirect, she changed her testimony and said that happened later.
(4RR 143).
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l it was; just that it was in the backseat area. (4 RR 159).
]
SUMMARY OF THE ARGUMENT
j No.1
j Appellant claims that the evidence is legally insufficient to establish enough
links connecting him to the fireatm. Here, the evidence shows that Appellant ,
1
exercised control, management, or care over the revolver.
Nos. 2 & 3
Appellant claims, in his second issue, that the trial court erred when it denied
Appellant's motion to suppress evidence following an alleged unjustified stop.
] However, officers had reasonable suspicion to stop the vehicle Appellant was driving
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in order to identify him and his passenger and serve outstanding arrest warrants.
]
In his third point of error, Appellant claims that the trial court erred when it
] denied Appellant's motion to suppress evidence following an alleged illegitimate
inventory search. Appellant argues that (1) Appellant's father should have been
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contacted to retrieve the vehicle and (2) the inventory did not list every item of
l property, and thus, did not comply with the guidelines and procedures of the Brazos
J County Sheriffs Department.
J Texas courts have generally found impoundment to be reasonable when the
driver was alone when arrested or when passengers could not show they were
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licensed drivers. Here, both Appellant and Campbell were placed under arrest.
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Both the inventory list and policy were admitted. Although the inventory list
1 did not include every piece of property, there is no evidence in the record that the
l department's standardized procedures were not followed.
No.4
Appellant argues that trial counsel failed to present the motions to suppress
prior to trial; he claims that counsel was ineffective, "in the event that the Court
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determines that the complaints presented in Points of Error Two and Three were ~
J not preserved for review." Because the trial comi properly denied the motions to
] suppress, trial counsel cannot be held to be ineffective.
No.5
Appellant claims that the trial court erroneously admitted extraneous
evidence of his statement made to a jailer. Specifically, when the jailer told
Appellant that he needed to follow the rules, Appellant replied "that he was in jail
for not following the rules, and he wasn't about to start now." Before trial began,
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counsel objected based on relevance and whether its probative value was
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substantially outweighed by the danger of unfair prejudice. However, said
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evidence was properly admitted to show Appellant's intent, which was contested.
STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.1
The evidence was legally sufficient to prove that Appellant
1 intentionally and knowingly possessed the revolver.
] In his first point of error, Appellant claims that the evidence 1s legally
13
insufficient to support the jury's verdict. He argues that the "State failed to establish
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J enough links connecting Appellant to the frreann." (Appellant's brief, p. 13).
Standard of review
] The standard for reviewing the legal sufficiency of evidence is whether,
viewing the evidence in the light most favorable to the jury's verdict, any rational
]
trier of fact could have found beyond a reasonable doubt all the· essential elements
J ofthe offense charged. Jackson v. Virginia, 443U.S. 307, 319 (1979); Skillern v.
] State, 890 S.W.2d 849, 879 (Tex. App.-Austin 1994, pet. refd). The standard of
] review is the same in both direct and circumstantial evidence cases. King v. State,
895 S.W.2d 701, 703 (Tex. Crim. App. 1995). The State may prove its case by
]
circumstantial evidence if it proves all of the elements of the charged offense
]
beyond a reasonable doubt. Easley v. State, 986 S.W.2d 264, 271 (Tex. App.-San
] Antonio 1998, no pet.)(citing Jackson, 443 U.S.' at 319). The sufficiency of the
evidence is determined from the cumulative effect of all the evidence; each fact in
J
isolation need not establish the guilt of the accused. Alexander v. State, 7 40
]
S.W.2d 749, 758 (Tex. Crim. App. 1987).
]
It is important to remember that all the evidence the jury was permitted,
j properly or improperly, to consider must be taken into account in determining the
legal sufficiency of the evidence. Garcia v. State, 919 S.W.2d 370, 378 (Tex.
]
Crirh. App. 1994).
J
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l The jury is the exclusive judge of the facts proved, the weight to be given
l the testimony, and the credibility of the witnesses. See Tex. Code Crim. Proc. art.
J 38.04; Alvarado v. State, 912 S.W.2d 199, 207 (Tex. Crim. App. 1995). The jury is
free to accept or reject any or all of the evidence presented by either party. Saxton
J
v. State, 804 S.W.2d 910, 914 (Tex. Crim. App. 1991). The jury maintains the
power to draw reasonable inferences from basic facts to ultimate fact. Hernandez
v. State, 939 S.W.2d 692, 693 (Tex. App.-Fort Worth 1997, pet. refd).
] Moreover, the reconciliation of evidentiary conflicts is solely within the province
] of the jury. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex. Crim. App. 1995).
Under the Jackson standard, the reviewing court is not to position itself as a
]
thirteenth juror in assessing the evidence; rather, it is to position itself as a final
due-process safeguard insuring only the rationality of the fact finder. Moreno v.
State, 755 S.W.2d 866, 867 (Tex. Crim. App. 1988). It is not the reviewing court's
duty to disregard, realign, or weigh the evidence. Jd. The jury's verdict must stand
]
unless it is found to be irrational or unsupported by more than a "mere modicum"
J
of evidence, with such evidence being viewed in the light of Jackson. !d. The
1 legal sufficiency of the evidence is a question of law. McCoy v. State, 932 S.W.2d
720, 724 (Tex. App.-Fort Worth 1996, pet. refd).
Applicable caselaw-knowing possession
Applicable caselaw regarding proof of a knowing possession is found in
]
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1
Bollinger v. State, 224 S.W.3d 768 (Tex. App.-Eastland 2007, pet. ref d):
l
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,l We analyze the sufficiency of the evidence to prove possession of a
J firearm by a felon under the rules adopted for determining the
sufficiency of the evidence in cases of possession of a controlled
substance. Nguyen v. State, 54 S.W.3d 49, 52 (Tex.App.-Texarkana
J 2001, pet. refd). The State must prove the following: (1) that the
accused exercised actual care, control, or custody of the firearm; (2)
J that he was conscious of his connection with it; and (3) that he
possessed the firearm knowingly or intentionally. Id. (citing Brown v.
State, 911 S.W.2d 744, 747 (Tex.Crim.App.l995)).
J
2. Possession.
J
A person commits a possession offense only if he voluntarily
possesses the prohibited item. TEX. PEN.CODE ANN. § 6.0l(a)
]
· (Vernon 2003). Possession is a voluntary act "if the possessor
knowingly obtains or receives the thing possessed or is aware of his
control of the thing for a sufficient time to permit him to tenninate his
control." TEX. PEN.CODE ANN.§ 6.0l(b) (Vernon 2003). The ~tate
does not have to prove that the accused had exclusive possession of
J the firearm; joint possession is sufficient to sustain a conviction. Cude
v. State, 716 S.W.2d 46,47 (Tex.Crim.App.1986). The State can meet
] its burden with direct or circumstantial evidence, but it must establish
that the defendant's connection ·with the firearm was more than
fortuitous. Brown, 911 S.W.2d at 747.
]
When the firearm is not found on the accused's person or is not
J in the accused's exclusive possession, additional facts must
affirmatively link the accused to the firearm. Jones v. State, 963
S.W.2d 826, 830 (Tex.App.-Texarkana 1998, pet. refd} Factors that
]
may establish affirmative links include the following: whether the
firearms were in a car driven by the accused, whether the firearms
] were in a place owned by the accused, ·whether the firearms were
conveniently accessible to the accused, whether the firearms were
found , in an enclosed space, and whether the accused made any
J affmnative statement connecting him to the firearms. Corpus v. State,
30 S.W.3d 35; 38 (Tex.App.-Houston [14th Dist.] 2000, pet. refd). No
J set formula of facts exists to dictate a finding of affirmative links
16
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l
J
sufficient to support an inference of knowing possession. Taylor v.
l State, 106 S.W.3d 827, 830 (Te~App.-Dallas 2003, no pet.). The
affirmative links ordinarily emerge from an orchestration of several
factors and the logical force they have in combination. Nguyen, 54
l S.W.3d at 53.
Bollinger v. State, 224 S.W.3d at 773 -774.
Applicable holding-knowing possession offirearm ·
l In Stout v. State, no. 01-11-00773.:...CR, 2012 WL 5457470 (Tex. App.-
J
] Houston [1st Dist.] November 8, 2012, no pet.)(not designated for publication) the
comi found that the defendant knowingly possessed the firearm in question:
]
The State's evidence establishes a number of links between
Stout and the gun. First, Stout was driving the vehicle at the time the
J gun was found. See Bates, 155 S.W.3d at 217 (relying, in part, on
evidence that defendant was driver of borrowed vehicle in which gun
was found inside compartment under front passenger seat and that
other people who had access to vehicle denied knowledge of gun).
Second, the other passengers in the vehicle denied that the gun
belonged to them, as did the vehicle's owner; there was no evidence
tending to contradict these assertions. See id. Third, although Stout
] did not. own the vehicle, the jury could have inferred that he had a
greater right to possession of the vehicle than the other two passengers
because the vehicle belonged to Stout's mother. l61 See id.; Bell v.
j State, 356 S.W.3d 528, 533 (Tex.App.-Texarkana 2011, pet. granted)
(observing that jury could reasonably conclude that defendant had
J greater right to possession of vehicle than other occupant because
vehicle belonged to defendant's wife or girlfriend). Fourth, Stout was
in close proximity to the gun and had access to it from the driver's
J seat. See Robinson v. State, 174 S.W.3d 320, 326 (Tex.App.-Houston
[1st Dist.] 2005, pet. refd) (observing that contraband was
] "conveniently accessible" to defendant whert it was "within the close
vicinity of the accused and easily accessible while in the vehicle so as
to suggest that the accused had knowledge of the contraband and
6
In this case, the truck, that Appellant was driving, was registered to his father. ( 4 RR 73).
J He had a greater right to possession ofthe vehicle than Campbell.
17
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exercised control over it.").
Stout v. State, 2012 WL 5457470, *2.
Discussion
Here, the following evidence shows that Appellant exercised control,
management, or care over the revolver:
• Both Appellant and Monishia Campbell had warrants for their arrest. (4 RR
28, 75).
1 • A marked patrol car was sent in to make the stop of the vehicle. (4 RR 31 ).
j
The truck did not immediately stop. (4 RR 32). The truck stopped after an
unmarked police car pulled in front of Appellant's truck, and the driver of
] the unmarked car got out and pointed a weapon. (4 .RR 33 ).
J • Appellant was driving the vehicle, and Campbell was in the front passenger
seat. (4 R 43; State's exhibit 3). The vehicle was registered to Appellant's
]
father. ( 4 RR 73 ).
J
• The back compartment area (behind the front seats) was a small extended
J area. ( 4 RR 3 7). It contained clothing, a cane and a bag with more clothing.
J (4 RR 38). The bag with clothing appeared to belong to Campbell because it
contained small women's clothing, and Campbell was "very petite." (4 RR
J
38).
]
j 18
• A large, black leather jacket (State's exhibit 10) was also in the back
compartment behind the seats and was not in the bag of clothing. (4 RR 39).
A .22 revolver (State's exhibit 11) was found in the pocket. (4 RR 40).
• Appellant was not wearing ~jacket when the truck was stopped. (4 RR 56).
Although it was a cool day on February 16th (4 RR 82), Appellant was
wearing only a tank top and camouflage pants. (4 RR 43). Inv. Young
]
concluded that the jacket belonged to Appellant because it was an extr~ hu·ge
] size and would fit Appellant, as opposed to Campbell. The video of the stop
] and inventory (State's exhibit 3) also shows Campbell to already be wearing
a jacket. (4 RR 57). ·· '"/
]
• At the time of his arrest, Appellant denied owning the jacket (State's exhibit
]
10). (4 RR 86).
J • At the time of her arrest, Campbell told Inv. Ledesma "That's Hillbilly's
[Appellant's] jacket, and I didn't know that there was a gun. It's not my gun.
J
It's not my gun." (4 RR 134). She also asked Ledesma: "Is Hillbilly going to
get in trouble for a long time?'' (4 RR 134).
• At trial, Campbell confirmed that the jacket belonged to Appellant because
his mother had given it to him. (4 RR 127).
J • Campbell testified that, at the time of their arrest, she knew Appellant was a
convicted felon, and it would be bad for Appellant if he were caught with a
J
19
]
gun. (4 RR 135). She also told the officer, who transported her to jail, that
] -
she "had no idea that there was a.gun in the car." (4 RR 136).
]
I
• When Officer McKinney told Appellant that he needed to follow the rules,
] Appellant replied "that he was in jail for not following the rules, and he
wasn't about to start now." ( 4 RR 97).
]
• Although Campbell later testified, on behalf of Appellant, that the revolver
J
was hers, said testimony was impeached:
);;-- Campbell admitted that she was a convicted felon.(4 RR 120).
] );;-- Campbell erroneously testified that Appellant was wearing the
camouflage jacket when they were arrested. ( 4 RR 128).
J
);;-- Campbell erroneously testified that the jacket (State's exhibit 10)
J
was in the duffle bag in the back seat area at the time of her arrest
J (4 RR 128).
] );;-- She stated that she wrapped the gun in clothes and stuffed it in the
duffle bag; she did not stick the revolver in the jacket's pocket. (4
J
RR 130).
]
);;-- Again, the leather jacket was not found inside the black duffle bag
J that contained all Campbell's clothing. (4 RR 155, 159).
Viewing the evidence in the light most favorable to the verdict, the logical
J
' force from the above links is sufficient for the jury to have concluded beyond a
J
20
l
I
I
reasonable doubt that Appellant exercis~d care, custody, control, or management
i -
over the revolver. See Stout v. State, 201:zl WL 5457470, *2.
I
Appellant first point of error is wit~out merit and should be ove1ruled.
I
I
STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2
J I
The trial court did not err in/I denying Appellant's motion to
] suppress evidence where the stop was legal. (4 RR 100-103, 108-
111). i
J I
STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3
I
. ]
The trial court did not err in1 denying Appellant's motion to
suppress evidence where the resJiting inventory of the vehicle was
I
proper. (4 RR 103-107, 111). j
J
In his second point of error, Appel\ant claims that the trial court erred when it
] l
denied Appellant's motion to suppress evidence following an unjustified stop. In his
] third point of error, Appellant claims that
I \
the trial court erred when it denied
. I
I
~
I
Appellant's motion to suppress evidence ifollowing an illegitimate inventory search.
I
Because Appellant argues both together, tpe State will respond in kind.
I
Applicable law-standard of review and r~asonableness of stop
. I
i
In Hurtado v. State, 881 S.W.2dI 738, 741-742 (Tex. App.-Houston [1st
!
I
J Dist.] 1994, pet. ref d), the court held/ that a police officer's initial stop of the
I
I
J defendant's vehicle was valid:
i
A trial court's ruling on a i motion to suppress will not be set
aside absent a showing of abuse /of discretion. Maddox v. State, 682
S.W.2d 563, 564 (Tex.Crim.Appll985); Santos v. State, 822 S.W.2d
I
338, 339 (Tex.App.-Houston: [1st Dist.] 1992, pet. refd). To-
1
I
121
I
I
]
]
determine whether the trial court abused its discretion, the evidence is
viewed in the light most favorable to the ruling. Daniels v. State, 718
J
S.W.2d 702, 704 (Tex.Crim.App.1986). At the hearing on a motion to
suppress, the trial judge is the sole fact finder and, a~ such, may
J believe or disbelieve all of or any part of any witness' testimony.
Taylor v. State, 604 S.W.2d 175, 177 (Tex.Crim.App. [Panel Op.]
1980); Santos, 822 S.W.2d at 339. Any finding supported by the
J record will not be disturbed on appeal. !d.
1
J The stop
In his first point of error, appellant contends the trial court erred
J in overruling his motion to suppress and admitting evidence at trial
that was the fruit of an illegal stop.
J
Appellant urges that outstanding warrants issued to persons
using the dealer's paper license tag were insufficient to provide
J reasonable~ suspicion that criminal activity was afoot, or that appellant
was connected to the activity; therefore, he reasons, the stop was
] illegal. He first argues that because the State failed at the suppression
hearing to present any of the warrants, or any information as to who
issued the warrants, there was no evidence of reasonable suspicion of
J · criminal activity to justify the investigative stop. ·;:Alternatively, he
argues, there was no description of any person to -be arrested under
] any of the ,warrants to justify the seizure of appellant:.~
An officer may briefly stop a suspicious individual in order
J to determine his identity or maintain the status quo momentarily
while obtaining more information. Haag v. State, 728 S.W.2d 375,
~
~
380 (Tex.Crim.App.1987). To justify such an initial detention, the
officer must be able to point to specific and articulable facts
] which, in ·light of his experience or personal knowledge, together
with inferences drawn from the facts, reasonably warrant the
intrusion. Id. at 380. The "specific and articulable facts" must
J objectively support (1) a reasonable suspicion by the officer that some
activity out of the ordinary is occurring or has occurred, (2) some
] suggestion to connect the person detained with the unusual activity~
and (3) some indication that the activity is related to a crime. Id.
J
22
]
Here, Officer Ortiz initially stopped appellant's automobile
because his license check through his patrol car computer showed
1
.J
there were outstanding warrants for several persons who had
. operated a motor vehicle using this particular dealer's tag. Ortiz's
] purpose in stopping appellant was to determine if he was a person
nained in any of the outstanding warrants. Ortiz's suspicion that
appellant might be a person named on the warrants was
reasonable. Ortiz's reasonable suspicion did not need to rise to the
level of probable cause to believe appellant was the subject of one
or more of the warrants in order to authorize him to stop
appellant's car. See Stone v. State, 703 S.W.2d 652, 654
(TeX:~Crim.App.1986).
Appellant does not dispute that Officer Ortiz received
infonnation through his computer, as Ortiz testified. "A reasonable
suspicion [to justify an investigative stop] may be based on articulable
facts, even if such facts are ultimately shown to be inaccurate or
false." Kelly v. State, 721 S.W.2d 586; 587 (Tex.App.-Houston [1st
Dist.] 1986, no pet.) (police officer had reasonable suspicion to stop
J based on erroneous information that vehicle was stolen). The fact that
appellant was not named in one of the outstanding warrants did not
retroactively diminish Officer Ortiz's ability to stop appellant's vehicle
J
and determine his identity and whether he was the subject of one or
more of the warrants. Here, no warrant was introduced l7l because a
J warrant was not ultimately the basis for appellant's arrest. Having
stopped appellant, Ortiz was entitled to, and did, request appellant to
]
present his driver's license and identification.
TEX.REV.CIV.STAT.ANN. arts. 6687b, § 13 & 6701h, § lB(a)
(Vernon Supp.1994 ). By doing so, Ortiz promptly learned that
appellant had no driver's license, for which he could be ticketed or
arrested. TEX.CODE CRJM.P.ANN. art. 14.01(b) (Vernon 1977).
Thus, the initial temporary detention was legal. We overrule
appellant's first point of error.
Hurtado v. State, 881 S.W.2d at 741-742.
In Rojas v. State, no. 01-94-00550-CR, 1995 WL 134876 (Tex. App.-
J
7
Here, the warrants were admitted as State's exhibits 1 and 2 for purposes of the motion to
suppress. (4 RR 19). At trial, Appellant did not contest whether the warrants were valid. (4 RR
]
17).
23
J
I
I
J
Houston (1st Dist.] March 30, 1995, pet. ref d)(not designated for publication), the
l
_J
court also held that the stop of the vehicle was based on reasonable suspicion:
J The informant told the officer that the appellant and another would be
at the house and would leave in a blue Cadillac. Observation by the
surveillance officers confirmed the informant's information. When the
J officers stopped the appellant, Officer Prendergast told the appellant
he was conducting a narcotics investigation and asked if he would
J consent to a search of the car. Based on these facts, the trial court
could have reasonably concluded that reasonable suspicion existed at
the time of the stop to detain the appellant. See Fonseca v. State, 881
J S.W.2d 144, 150 (Tex. App.-Corpus Christi 1994, no p"et.) (officers
had reasonable suspicion relying on information obtained fro~
J reliable informant, substantiated by police observation); Sandoval [v.
State], 860 S.W.2d [255, 258 (Tex. App. Houston [1 51 Dist.] March
30, 1995, pet. refd)](officers, who were acting on information from
J the defendant's cousin that was substantiated by their observations,
made reasonable investigative detention).
J
Law enforcement officers are not required to look the other
way and permit a crime to occur or a criminal to escape~ Sandoval,
J 860 S.W.2d at 259.
Rojas v. State, 1995 WL 134876, *5-6. (emphasis added).
J Applicable law-inventory search
J In Yaws v. State, 38 S.W.3d 720, 724 (Tex. App.-Texarkana 2001, pet.
J ref d), the court noted:
l After .making a lawful arrest, an officer may search a
J suspect's vehicle for the purpose of taking an inventory. Colorado
v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987);
J Stephen v. State, 677 S.W.2d 42, 44 (Tex.Crim.App.1984); Backer v.
State, 656 S.W.2d 463, 464 (Tex.Crim.App.1983). Such a search is
J lawful as a valid exception to the warrant requirement of the Fourth
Amendment because the policies behind the warrant 'requirement are
not implicated in an inventory search. Bertine, 479 U.S. at 371, 107
J S.Ct. 738. In fact, issues of probable cause are irrelevant because
24
J
l
I
I
I
_j
inventory searches are conducted not to investigate criminal activity,
J but to protect the owner's prope1iy while it is in police custody to
ensure against claims of lost, stolen, or vandalized property and to
guard the police from danger. !d. at 371-72, 107 S.Ct. 738; Illinois v.
J Lafayette, 462 U.S. 640, 643-44, 646-47, 103 S.Ct. 2605, 77 L.Ed.2d
65 (1983).
l
J An inventory search is permissible if it is conducted
according to a standard administrative procedure and is not
J merely "a ruse for a general rummaging in order to discover
incriminating evidence." Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct.
1632, 109 L.Ed.2d 1 (1990); see also Lafayette, 462 U.S~ at 646, 103
J S.Ct. 2605. The State has the burden of demonstrating compliance
with its procedure, and its failure to show evidence that the search was
J conducted pursuant to its procedure invalidates the search. Gauldin v.
State, 683 S.W.2d 411, 415 (Tex.Crim.App.1984), overruled on other
J grounds, State v. Guzman, 959 S.W.2d 631 (Tex.Crim.App.1998).
However, adherence to a procedure, by itself, will not justify an
J inventory search if the initial seizure of the vehicle violates the
defendant's rights. See Stephen, 677 S.W.2d at 44 n. 1. Before an
J inventory search is lawful, there must first be a lawful
impoundment. Daniels v. State, 600 S.W.2d 813, 814
(Tex.Crim.App. [Panel Op.] 1980); Benavides v. State, 600 S.W.2d
J 809, 810 (Tex.Crim.App. [Panel Op.] 1980). An impoundment is
lawful if, among other reason~, "the driver is removed from his
J automobile and . placed under custodial arrest and no other
alternatives are available other than impoundment to insure the
protection of the veh.icle." Benavides, 600 S.W.2d at 811; see also
l
_I Daniels, 600 S.W.2d at 814-15.
Yaws contends the sheriffs office policy ignored the reasonable
J alternative of having his wife come to the scene within fifteen minutes
to take possession of his truck. However, Texas courts have generally
J found impoundment to be reasonable when the driver was alone when
arrested or when passengers could not show they were licensed
drivers. Stephen, 677 S:W.2d at 43-44 (passenger unable to produce
J identification or driver's license); Backer, 656 S.W.2d at 464
I (defendant alone when arrested on a public street a-p.d police could not
J contact friend for whom defendant requested the car be left); Daniels,
25
J
600 S. W.2d at 814-15 (passengers did not have operators' licenses
and both the defendant's identity and the vehicle's owner were in
doubt). Courts have not required police to try to contact a relative or
friend of the accused to come to the scene to take possession of the
vehicle.
In the present case, there is no indication .that the police
J
were using the inventory search as a pretext for discovering
evidence. The officers testified about Bowie County's policy
] regarding inventory searches and impoundments, and their
adherence to that policy. The officers acted reasonably to protect the
truck and its contents. We overrule Yaws' contention.
The trial court's judgment is affirmed.
J Yaws v. State, 38 S.W.3d at 722 -723.(emphasis added).
Discussion
As to the stop, Appellant simply argues that, while Ledesma testified that the
J
C. I. was reliable, he did not corroborate the C.I.' s tip that Appellant was driving a
J vehicle of that description. (Appellant's brief, p. 21). Here, Young's and Lede~ma's
J purpose in stopping Appellant was to execute a valid arrest warrant pending on
] both Appellant and Campbell. Testimony indicated that Appellant was recognized
as he was driving. (4 RR 31 ). Consequently/the _tip was corroborated because the_
J _i
arrest warrant was confirmed, and· Appellant was determined to be driving the
J vehicle by police. Even so, Hurtado mandates that "[a]n officer may briefly stop a
8
J suspicious individual in order to determine his identity .... " Id. at 741. Thus, the
J 8
Moreover, law enforcement officers are not required to look the other way and permit a
crime to occur or a criminal to escape. Rojas v. State, 1995 WL 134876, *6.
J
26
J
facts of this case are even stronger than those found in Hurtado, where the reason
for the stop was to determine if anyone in the vehicle had any of the outstanding
warrants. As in Hurtado and Rojas, the initial stop was legal.
As to the inventory search, Appellant argues that (1) Appellant's father should
have been contacted to retrieve the vehicle and (2) the inventory did not list every
item of property, and thus, did not comply with the guidelines and procedures of the
Brazos County Sheriffs Department. (Appellant's brief, p. 23).
Appellant's initial argument was overruled in Yaws, 38 S.W.3d at 724.
("Texas courts have generally found impoundment to be reasonable when the
1
driver was alone when· arrested or when passengers could not show they were
J
licensed drivers."). In this case, both Appellant and Campbell were placed under
J
arrest and thus, the impoundment was reasonable.
9
J Although the inventory list did not include every piece of prope1iy, there is
---·-· ----~---- ...• --- .. . -. ·-·· .. -- .. ~-
no evidence in the record that the department's standardized procedures were not·.
10
followed. As noted in the policy , it does not require that every item be
J
inventoried -- only "items · of value ·~hall be recorded on the Vehicle Inventory
.·.'
J Report." (6 RR State's exhibit 16, Ill; B., 3)(emph~sis added). Her~·, Young
J described that the property in the vehicle was inventoried to make sure nothing was
j 9
The inventory list was admitted during the hearing as State's exhibit 15. (4 RR 90).
10
The "Inventory Search Policy" was admitted during the hearing as State's exhibit 16. (4
RR 107).
27
.1
l
.J
damaged or stolen before the vehicle is towed to a secure location. (4 RR 35, 63).
]
In this case, the truck was properly inventoried by Young and Deputy Ficke after
J Appellant's an;est. (4 RR 36, 38). Compare US. v. Loaiza~Marin, 832 F.2d
867 (5th Cir. 1987):
J
... the agent's failure to complete the inventory forms does not mean
J that the search was not an inventory search. Upon discovering the
cocaine, the agent turned I;oaiza over to the D.E.A. and therefore had
no reason to complete the inve:ptory form. Although the Border Patrol
J
procedures indicate that the forms should have been completed, other
courts addressing the same issue ,have concluded that failure to
J compile the written inventory does not render the inventory search
invalid. See United States v. Trullo, 790 F.2d 205, 206 (1st Cir.1986);
United States v. O'Bryant, 775 F.2d 1528, 1534 (11th Cir.l985). We
do likewise.
Id. at 869.
J
There is also no evidence in the record to support Appellant's contention
J that the inventory search was, a "mere pretext for investigation." Young testified
l that the inventory is done "to preserve the person's property in their vehicle, make
sure nothing happens to it, that it's not stolen, damaged, whatever..~." (4 RR 35).
]
Young stated that he was not looking for evidence: "we're just going through and
J
making a list of all the items that are in the vehicle so that we can show that this is
what was present in it when it was picked up by the wrecker." (4 RR 36). Again,
the inventory was properly conducted after both Appellant and Campbell were
arrested on valid warrants. See Diltz v. State, 172 S.W.3d 681 (Tex. App.-
Eastland 2005, no pet.):
I
48
/
.. .inventory search of defendant's vehicle was· perfonned in
accordance with standard police department policy. The officer
testified that the police department has a written inventory policy. The
officer also testified that, pursuant to police department policy, a
wrecker was called prior to the inventory search. The officer further
testified that the inventory search was not begun until after appellant
] was placed under arrest. There is no evidence in the record that the
department's standardized procedures were not followed. There is
also no evidence in the record to support appellant's contention that
] the inventory search was a "mere pretext for investigation."
Id. at 685.
Appellant's second and third points of error are without merit and should be
overruled.
] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4
Appellant was not denied effective assistance, for allegedly failing
] to timely urge his motions to suppress, where. the trial court
properly overruled his motions.
]
Appellant argues that trial counsel failed to present the motions to suppress
11
J prior to trial ; he claims that counsel was ineffective, "in the event that the Court
determines that the eomplaints presented in Points of Error Two and Three were
not preserved for review." (Appellant's brief, p. 24). The State adopts its response
to points of error two and three, supra, and responds as follows.
11
A trial court's decision to hold a pretrial hearing on a suppression motion is discretionary
with the court. Tex. Code Crirri. Proc. art. 28.01, § 1; Calloway v. State, 743 S.W.2d 645, 649
(Tex. Crim. App. 1988). A trial court may elect to determine the merits ofthe motion during trial
when the defendant lodges a proper objection. Jd. Even if a pretrial motion to suppress is called
1 to the attention of ~he trial court, no error is presented if the trial court, in its discretion, declines
to hear the same. Calloway, 743 S.W.2d at 649. While the court is not required to hear any
pretrial motion to suppress evidence, the accused retains his right to raise any appropriate
]
objection at trial. Id
29
In order to prove an ineffective assistance of counsel claim, a defendant
J must show ( 1) by a preponderance of the evidence, that counsel's performance was
l
j so deficient that he was not functioning as acceptable counsel under the Sixth
] Amendment, and (2) there is a reasonable probability that, but for counsel's error
or omission, the result of the proceedings would have been different. Strickland v.
J
Washington, 466 U.S. 668, 687-96 (1984); Thompson v. State, 9 S.W.3d 808, 812
] (Tex. Crim. App. 1999).
J Appellant's ineffective-assistance claim fails because he did not meet his
lJ burden under the Strickland test. With respect to the first Strickland prong, to argue
successfully that trial counsel's failure to object amounted to ineffective assistance
J
of counsel, Appellant must demonstrate, at a minimum, that the trial court would
J have committed error in overruling the objection in question.· See Ex parte
J Martinez, 330 S.W.3d 891, 901 (Tex. Crim. App. 2011); Jagaroo v. State, 180
S.W.3d 793, 800 (Tex. App.-Houston [14th Dist.] 2005, pet. ref d) ("Before this
J
court may conclude counsel was ineffective for failure to make an objection,
J
appellant must show the trial court would have erred in overruling the objection.").
J Appellant has failed to make this showing. Here, counsel objected, and the trial
~ court properly denied the motiqn.
Appellant's fourth point of error is without merit and should be overruled.
J
l
J
30
]
--,
_j
J r
STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5
I
_j
The trial court did not err when it admitted extraneous evidence
of a statement made by Appellant over relevance and Rule 403
J objections. (4 RR 9-15).
J Appellant claims that the trial court erroneously admitted extraneous
evidence of his statement made to a jailer. Specifically, when the jailer told
J
Appellant that he needed to follow the rules, Appellant replied "that he was in jail
J for not following the rules, and he wasn't about to start now." (4 RR 97). Before
J trial began, counsel objected based on relevance (4 RR 11) and whether its
l probative value was substantially outweighed by the danger of unfair prejudice. (4
J
RR 12). The trial cou~ overruled the objections. (4 RR 15). Said evidence was
J properly admitted to show Appellant's intent, which was contested.
J Standard of review
\
J The admissibility of evidence, including evidence that may have implicated
J an extraneous offense or other bad act, is reviewed under an abuse of discretion
standard. See Montgomery v. State, 810 S.W.2d 372, 391 (Tex. Crirn. App. 1990).
J As long as the trial court's ruling is within "the zone of reasonable disagreement,"
J there is no abuse of discretion. See Rachal v. State, 917 S.W.2d 799; 807 (Tex.
J Crim. App. 1996). The trial court is entitled to considerable deference with regard
to its determinations of fact, and so long as it is correct on any theory of law, the
J
trial court's ruling should be sustained. See Romero v. State, 800 S.W.2d 539, 543-
J
31
J
44 (Tex. Crim. App. 1990).
Relevance
As noted in Broadnax v. State, no. AP-76207, 2011 WL 6225399 (Tex. Crim.
App. December 14, 2011):
Only relevant evidence is admissible. [footnote omitted] Relevant
evidence is "evidence having any tendency to make the existence of
any fact that is of consequence to the determination of the action more
probable or less probable than it would be without the evidence."
J
[footnote omitted] Therefore, to be relevant, evidence must be
material and probative. [footnote omitted] Evidence is material if it is
] "shown to be addressed to the proof of a material proposition, i.e., any
fact that is of consequence to the determination of the action.;,
Broadnax v. State, 2011 WL 6225399, * 11.
Discussion-relevance
First, it must be noted that the Appellant provided no argument as to why the
statement was not relevant. (Appellant's brief, p. 26). This presents nothing for
review. Tex. R. App. P. 38.1(i) (stating that a brief must contain a clear and
concise argument supporting the contentions made with appropriate citation to
authority and the record); Lockett v. State, 16 S.W.3d 504, 505 n: 2 (Tex. App.-
Houston [1st Dist.] 2000, .pet. ref d) (holding that a conclusory statement supported
by neither argument nor authority presents nothing for review) ..
In the alternative, the State was required to prove that Appellant possessed
the firearm knowingly or intentionally. (CR at 1). See Brown v. State, 911 S.W.2d
744, 747 (Tex. Crim. App. 1995). Here, Appellant placed his intent at issue when
I
32
I
he denied owning the jacket that contained the revolver. (4 RR 86). Campbell also
testified that she owned the gun (4 RR 116), and that Appellant was not aware that
the revolver was in the truck. (4 RR 119). "The extraneous offense evidence is
relevant because it logically makes elemental facts-intent and knowledge-more
· or less probable, and it makes the defense's evidence, attempting to undermine
these elemental facts, more or less probable." Swarb v. State, 125 S.W.3d 672,
\
683 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd).
Rule403
Tex. R. Evid. 403 provides: "Although relevant, evidence may be excluded
. if its probative value is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury, or by considerations of undue
delay, or needless presentation of cumulative evidence." Tex. R. Evid. 403. "Rule
403 favors admissibility of relevant evidence, and the presumption is that relevant
evidence will be more probative than prejudicial." Montgomery, 810 S.W.2d at
3 89. "All Rule 403 rulings are subject to three general considerations: 1) the trial
judge should exercise his power to exclude evidence under Rule_403 sparingly; 2)
the trial judge's discretion under Rule 403 is not an invitation to rule reflexively or
without careful reasoning; 3) the trial judge may not exclude evidence merely
because he disbelieves the testimony." State v. Mechler, 153 S.W.3d 435, 443-
444 (Tex. Crim. App. 2005)(Cochran, J. concurring)(footnotes omitted).
33
J
I
__j
A Rule 403 analysis regarding unfair prejudice requires the trial court to
J balance the following factors:
j . 1. the inherent probative force of the proffered item of evidence along with
J 2. the proponent's need for that evidence, against
3. any tendency of the evidence to suggest decision on an improper basis,
J 4. any tendency of the evidence to confuse or distract the jury from the main
l _j
Issues,
J 5. any tendency of the evidence to be given undue weight by a jury that has
J not been equipped to evaluate the probative force of the evidence, and
I 6. the likelihood that presentation of the evidence will consume an
J
inordinate amount of time or merely repeat evidence already admitted.
J Gigliobianco v. State, 210 S.W.3d 637, 641-42 (Tex. Crim. J\pp. 2006)(emphasis
added).
J Relevant facts-hearing
J Concerning the Rule 403 objection, the court heard the following:
J Mr. Calvert [prosecutor]: Judge I think we limit the prejudicial effect
J by, of course, limiting the conversation to, you know, not a description of
what was going on; and we do not talk about any of the escalation that
]
happened after that.
J The Court: I understand you limit it, but is the limited portion even-.-
J Mr. Calvert: I don't believe it is, Judge.
J 34
The Court: -- prohibitive of the rules.
Mr. Calvert: I don't believe it is, Judge. I think in order for it to be
admissible -- or excuse me, inadmissible, the probative effect has to
substantially outweigh any -- or excuse_ me -- the prejudicial effect has to
substantially outweigh the probative value.
The probative value in this case is you have a defendant who's in jail
on this particular offense, which it's my understanding is- their defense is
going to be it was no~ his gun. He didn't even know it was there. It belonged
to someone else. And yet under those circumstances and in the context of
that defense, you have him telling somebody "I'm in here for not following
}
the rules."
J (4 RR 14).
Discussion-Rule 403
] A balancing of the above Giglio bianco factors shows that the trial court did
not abuse its discretion in admitting the testimony concerning Appellant's
J
statement.
J 1. Probative Value
] -This factor "looks to the evidence's probativeness or how compellingly the
evidence serves to make a fact of consequence more or less probable." State v.
J
Mechler, 153 S.W.3d at 440.
35
l
I
,/
J
Again, the State had to prove the following: (1) that the accused exercised
1
y
J
actual care, control, or custody of the firearm; (2) that he was conscious of his
] connection with it; and (3) that he possessed the firearm knowingly or
intentionally. Brown v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1995).·The
J
State can meet its burden with direct or circumstantial evidence, but it must
J
establish that the defendant's connection with the firearm was more than
]
fortuitous. Brown, 911 S.W.2d at 747.When the firearm is not found on the
1
j accused's person or is not in the accused's exclusive possession, additional facts .
~
] must affirmatively link the accused to the firearm. Jones v. State, 963 S. W.2d 826,
830 (Tex. App.-Texarkana 1998, pet. refd).
1
j
Here, the revolver was not on Appellant's person. He denied that the jacket
]
was his. Campbell recanted what she had told Ledesma at the time of her arrest
1
~ and, at trial, stated that the weapon was hers and that Appellant was not aware that
it was in the truck. Thus, Appellant's statement (thaLhe was in jail for not
J
l following the rules, and he wasn't about to start now} is probative because it
J
assisted the jury in determining his intent. .He was acknowledging that he was in
J jailfor an offense where he did not follow the rule-- that a felon cannot posses~ a
· . . . . . . . ~/LZfi-l7·
firearm. Th1s factor we1ghs m favor of adm1ssib1hty.
~- /A rA·I Jfh!.
· ·; . /}? , •
~£
1!. ,r, 'L---
J
. ;0/tf 11-fj r.;J lri//JD/11 r
2. Need for the evidence
J
This factor includes a consideration of "whether the proponent has other
]
36
]
evidence establishing this fact and whether this fact is related to a disputed issue."
l Mechler, 153 S.W.3d at 441. As noted above, Campbell recan~ed-what s~e had told
J Ledesma at the time of her arrest and, at trial, stated that the weapon was hers and
1
that Appellant was not aware that it was in the truck. Appellant's statement was
J
related to a disputed issue - his intent. This factor also weighs in favor of
1
admissibility ..
1
J
Again, the first two factors are weighed against the remaining four factors.
] 3. Unfair prejudice
_,.._. ..
] This factor looks to whether the evidence has the potential to impress the
jury in some irrational but indelible way. Mechler, 153 S.W.3d at 440. However,
1j
Rule 403 does not exclude ·all prejudicial evidence, only "unfairly" prejudicial
] evidence. Id. As discussed above, the evidence of Appellant's statement was
relevant and probative of Appellant's intent and knowleqge to commit the offense.
Therefore, the evidence is not unfairly prejudicial because it relates directly to the
offense charged. See id. at 440-41.
4. Confusion of the issues
]
In Mechler, the Court of Criminal Appeals note~ that because the evidence
related directly to the charged offense, "a jury could not be distracted away from
the charged offense regardless of the time required to present the results." Mechler,
~
153 S.W.3d at 441.
J
37
1
J
5. Misleading the jury
l]
This factor addresses whether the jury will be misled by the evidence when
J conducting a Rule 403 balancing test. '"Misleading the jury' refers to a tendency
of an item of evidence to be given undue weight by the jury on other than
1
emotional grounds." Gigliobianco, 210 S.W.3d at 641. As noted in Espinosa v.
J
State, 194 S.W.3d 703 (Tex. App.-Houston (14th Dist.] 2006, no pet.):
]
Rule 403 of the Texas Rules of Evidence carries a presumption
that relevant evidence must be more probative than prejudicial. Jones
v. State, 944 S.W.2d 642, 652 (Tex.Crim.App.1996); Ho, 171 S.W.3d
at 301. Evidence should be excluded only when there exists a clear
] disparity between the danger of unfair prejudice and the probative
value of the evidence. Jones, 944 S.W.2d at 652. To be unfaiily
prejudicial, there must be "an undue tendency to suggest [a] ,decision
on an improper basis, commonly, though not necessarily, an
emotional one." Rogers, 991 S.W.2d at 266. The jury's lack of
'] familiarity with the interactions between people in jail and those
guarding them does not create an undue tendency to suggest the
jury will be inflamed by those statements and make a punishment ·
J decision on their emotions, rather than the facts before them.
Espinosa v. State, 194 S.W.3d at 710. (emphasis added).
J 6. Undue delay and needless pres~ntation of cumulative evidence
J The time to develop the evidence was relatively short; the entire examination
of Officer Laketh McKinney took approximately four (4) pages of the reporter's
1
record. (4 RR 96-99).
1J
Weighing all of the factors, while giving deference to the review of a Rule
403 determination, shows that the trial court did not abused its discretion by
admitting evidence of Appellant's statement. See Powell v. State, 189 S.W.3d 285, i
38
J
J
J 289 (Tex. Crim. App. 2006)(holding that probative value of other-acts evidence
,_!
l
that defendant was on parole and that fireann was found on ground near driver's
side of vehicle was not substantially outweighed by danger of unfair prejudice.).
Appellant's fifth point of error is without merit and should be overruled.
I PRAYER
J
Wherefore, premises considered, the State of Texas respectfully prays that
J the judgment of the trial court be affirmed.
l
_j Respectfully submitted,
JARVIS PARSONS
DISTRICT ATTORNEY
J BRAZOS COUNTY, TEXAS
J
J ~t@
Douglas owell, III
J Assistant District Attorney
State Bar No. 10098100
J
CERTIFICATE OF SERVICE
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I do hereby certify that a true and correct copy of the State's Brief was
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mailed to Mary Hennessy, P.O. Box 2536, Brenham, TX 77833 on this 2/ day
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of ~u'-) '2013.
]
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CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 9.4 ·
]
I certify that the foregoing document has a word count of 10,007 based
'1
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on the word count program in Word 2003. .
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.40
1
] CASE NO. 10-13-00049-CR
] IN THE COURT OF APPEALS
FOR THE TENTH DISTRICT
l AT WACO; TEXAS
1
DAVID DUANE GREER
J vs.
STATE OF TEXAS
]
Appeal from the 272nd Judicial District Court of
] Brazos County, Texas
Cause No. 12-03324-CRF-272
J
] BRIEF OF APPELLANT
] Attorney for Appellant: Attorney for Appellee:
Mary Hennessy Jarvis Parsons
J Law Office of Mary Hennessy Brazos County District Attorney
P.O. Box 2536 Brazos County Courthouse
] 403 West Alamo Street
Brenham, Texas 77833
300 East 26th Street, Suite 310
Bryan, Texas 77803
Telephone: 979-277-0757 Telephone: 979-361-4320
] Facsimile: 979-277-0030 Facsimile: 979-361-4368
J
ORAL ARGUMET WAIVED
]
J
J
J
1
l NAMES OF ALL PARTIES
] Appellant: David Duane Greer
TDC #809333
295-IH-45
j Huntsville, TX 77320-8443
J Appellate Counsel: Mary Hennessy
State Bar No. 09472300
] P.O. Box 2536
Brenham, Texas 77833
Telephone: 979-277-0757
] Facsimile: 979-277-0030
J Trial Counsel: Earl R. Gray
State Bar No. 24007265
103 N. Main Street
] Bryan, Texas 77803
Telephone: 979-822-4759
1
:l
Appellee: State of Texas
Counsel: Ryan Charles Calvert
State Bar No. 24036308
William Lee Ward
State Bar No. 24077302
Assistant Brazos County District Attorneys
300 East 26th Street, Suite 310
Bryan, Texas 77803
Telephone: 979-361-4320
Facsimile: 979-361-4368
Trial Court: The Honorable Travis B. Bryan, III
272nd Judicial District Court
300 East 26th Street, Suite 204
Bryan, Texas 77803
Telephone 979-361-4221
11
J
l
TABLE OF CONTENTS
l Names of all Parties ................................................................................ ·ii
l ..
Table of Authorities ................................................................................. .iv
l Issues Presented .....................................................·.................................. vii
l
Summary of Argument ............................................................................. vii
J
Statement of the Case ............................ ;..................................................... 2
J
Statement of Facts ....................................................................................... 3
l Argument. ....................................................................................... ~ ........... 9
J PointofErrorNo.l: ...................................................................... 9
THE EVIDENCE IS LEGALLY INSUFFICrENT TO SUPPORT A CONVICTION
FOR 1'HE OFFENSE OF POSSESSION OF A FIREARM BY A FELON
J
Point of Error No. 2: ....................................................................... 14
THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS
J EVIDENCE FOLLOWING AN UNJUSTIFIED STOP
Point of Error No. 3: ...................................................................... 14
J THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS
EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH
J Point of Error No. 4: ..................................... ,................................ 24
APPELLANT WAS DENIED EFFECTIVE ASS IT ANCE OF· COUNSEL DUE TO
TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS
J AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A
RESULT OF AN IMPROPER STOP AND SEARCH
J Point of Error No. 5: ...................................................................... 26
THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS
UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY
J APPELLANT
J
111
J
J
n
0 Prayer ................................................... ;........................................ 28
0 Certificate of Service ........................................................................... 28
8
0
0
0
0
~10
0
0
0
0
0
0 lV
[J
I
J
l TABLE OFAUTHORITES
J CASES:
Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) 20
J Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App. 1980) 23
J Bollinger v. State, 224 S.W.3d 768 (Tex. App.- Eastland 2007, pet. ref d) 12
!\ Brooks v. State, 323 ~.W.3d 893 (Tex. Crim. App. 2010) 9
_I
Brown v. Stare, 911 S.W.2d 744 (Tex. Crim. App. 1985) 13
J Carmouche v. State, 10 S.W.3d 323, 327 (Tex. Crim. App. 2000) 14, 15
Carter v. State, 851 S.W.2d 390\Tex. App.- Fort Worth 1993, pet ref d.) 26,27,28
J
Christian v. State, 592 S. W.2d 625 (Tex. Crim. App. 1980) 22
J Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) 11
Daniels v. State, 600 S.W.2d 813 (Tex. Crim. App. 1980) 23
J
Davis v. State,93 S.W.3d 664 (Tex. App.- Texarkana 2002, pet. refd 12
J pavis v. ~S~tate, 947 S:W.2d 240 (Tex. Crim. App. 1997) 20
/
,'
Edwards v. State, 813 S.W.2d 572 (Tex. App.- Dallas, 1991, pet ref d) 9
J
Evers v. State, 576 S.W.2d 46 (Tex. Crim. App. 1978) 22
J Ex parte Felton, 815 S.W.2d 733 (Tex. Crim. App. 1991) 25
Florida v. Wells, 495 U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990) 23
J
Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001). 20
J Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981) 22,23
Grant v. State, 989 S.W.2d 428 (Tex. App.--Houston [14th Dist.] 1999, no pet.) 11
J
Hall v. State, 86 S.W.3d 235 (Tex.App.-Austin 2002, pet. refd) 11
J Hereford v. State, 339 S.W.3d 111 (Tex. Crim. App. 2011) 15
v
J
J
Jackson v. Virginia, 443 U.S. 307 (1979) 9, ll
King v. State, 953 S. W.2d 266 (Tex. Crim. App. 1997) 27
Lasterv. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) 11
Mappv. Ohio, 367 U.S. 643 (1961) 19
Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) 10
AfcGoldrick v. State, 682 S. W.2d 573 (Tex. Crim. App. I 985) 13
McMann v. Richardson, 397 U.S. 759 (1970) 24
lvfontgomer.v v. State. 810 S.W.2d 3 72 (Tex. Crim. App 1990) (op. on reh 'g) 27
Aforales v. State, 32 S. W.3d 862 (Tex. Crim. App. 2000) 27
Oli~·er v. U.S'., 466 U.S. 170 (1984) 20
Poindexter v. State. 153 S.W.3d 402 (Tex. Crim. App. 2005) 13
Powell v. Alabama, 287 U.S. (1932) 24
Rojas v. State, 797 S.W.2d 41 (Tex. Crim. App. 1990) 20
South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976) 22
State v. Rudd, 255 S.W.3d 293, (Tex. App.- Waco 2008, pet. refd.) 20
Strickland v. Washington, 466 U.S. 668 ( 1984) 24
Texas v. Griffey, 241 S. W.3d 700 (Tex. App.-Austin 2007) 22
United States v. Muniz-Melchor, 894 F.2d 1430 (5th Cir. [Tex.] 1990) 20
United States v. Martinez, 486 S.W.3d 855 (5th Cir. 2007) 21
Weeks v. State, 894 S.W.2d 390 (Tex. App.-Dallas 1994, no pet.) 25
Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) 9
Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) 11
Woods v. State, 956 S.W.2d 33 (Tex. Crim: App. 1997) 20
Vl
J
] Wong Sun v. US., 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963) 22
·wright v. State, 603 S.W.2d 838 (rex. Crim. App. 1980) 12
J
J STATUTES
] TEX. PENAL CODE ANN. § 46.04 l2
TEX. PENAL CODE ANN. § 1.07 12
]
TEX. CODE CRIM. PROC. ANN. ART. 38.07 (Vernon 2009) 18
]
RULES
J
Rule 401, TEX. R. EVID. 26
J Rule 402, TEX. R. EVID. 26
J Rule 403, TEX. R. EVID. 26
J
:]
J
]
]
]
J
Vll .
J
J
0
0 ISSUES PRESENTED
.
0 Point of Error No. 1
THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CONVICTION
· FORTHE OFFENSE OF POSSESSION OF A FIREARM BY A FELON
B Point of Error No. 2
0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS
EVIDENCE FOLLOWING AN UNJUSTIFIED STOP
0 '··
Point of Error No. 3
THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS
EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH
0 Point of Error No. 4
APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL DUE TO
TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS
10 AND 10 TlMEL Y OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A
RESULT OF AN Itv,fPROPER STOP AND SEARCH
0 Point of Error No. 5
b
I
THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS
UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY
APPELLANT
~
r
SUMMARY 0}' THE ARGUMENT
Appellant raises three issues for the Court's review. Appellant contends that no
~
rational trier of facts could have found beyond a reasonable doubt that Appellant
intentionally or knowingly possessed a firearm and that the evidence in support of the
0 conviction is legally insufficient and the case should be reversed and an acquittal entered.
I
r
ru Appellant also contends that the trial court erred in denying Appellant's challenge
to the stop of the vehicle he was driving. The stop resulted in a search of the vehicle that
yielded the firearm that Appellant was convicted of unlawfully possessing. Alternatively,
u
I
Vlll
~
r
J
J in the event the Court determines that Appellant's challenge to the search was waived,
J Appellant complains that he was denied effective assistance of counsel due to trial
counsel's failure to properly and timely urge the Motion to Suppress.
J
J
J
J
J
J
J
1
J
J
J
J
J
}
~ IX
J
-0
0
n TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW David Duane Greer, Appellant, by and through his attorney of record,
0 Mary Hennessy, and files this brief on appeal.
0
STATEMENT REGARDING ORAL ARGUMENT
0 Pursuant to TEX.R.APP.P.38.1(e), Appellant does not request oral argument. Although
0 this is a meritorious appeal of a criminal case, Appellant believes that the facts and legal
0 arguments are adequately presented in this brief and docs not believe the Court would be
significantly aided by oral argument.
0
0 SUMMARY OF THE ARGUMENTS
Appellant was charged and convicted of possession of a firearm by a felon. Appellant
brings five grounds of error for the Court's review.
Appellant in his first point complains that the evidence presented against him at trial was
insufficient to support the jury's verdict of guilt against him because no rational fact finde:- could
have found beyond a reasonable doubt that he intentionally or knowingly was in possession of
the firearm found in the vehicle he was driving.
His next points, numbers two through four, challenge the search of the vehicle he was
driving that was stopped and searched. Specifically, Point of Error Two asks the Court to review
the justification behind the initial stop. The vehicle Appellant was driving was stopped as a result
of a tip from a confidential informant that Appellant, who was the subject of an arrest warrant,
would be in the vehicle. The tip contained no informatiori other than that one fact and there was
1
1
l no corroboration by law enforcement that Appellant was, in fact, in the vehicle before it was
J stopped.
Appellant also complains that the warrantless search that ensued was unconstitutional.
~ The State justified the search as an inventory search. However, the State failed to establish that
l
J an inventory search was necessary, since the vehicle was owned by Appellant's father and law
enforcement mad no attempt to contact him to come retrieve the vehicle. And, the officer
1 conducting the inventory did not follow the procedure established by the Brazos County
J Sheriffs Department for an inventory search.
Appellant also asks that if the Court should determine that trial counsel did not timely
~ urge the motion to suppress, that the Court find he was denied effective assistance of counsel.
j Finally, Appellant complains that the trial court erred in overruling his objection to a
statement he purportedly made to a jailer that he contends was not relevant to any issue in
]
dispute, or, if found relevant, that its prejudicial effect far outweighed its probative value.
J
STATEMENT OF THE CASE
J
Appellant was indicted on July 12, 2012 for the offense of possession of a firearm by a
J felon, alleging that, on or about February 16,2012, Appellant did then and there, having been
} previously convicted of the felony offense of Possession of Methamphetamine intentionally and
knowingly possess a firearm before the fifth anniversary of the defendant's release from
~ community supervision or parole. The indictment also contained two enhancement paragraphs.
i] (C.R. 1).
Trial was to the jury commencing on November 14,2012. (C.R. 79). Appellant was·
] convicted on November 14, 2012. Punishment was to the Court and on January 27, 2012,
} 2
0
0 Appellant was sentenced to thirty years confinement in the Texas Department of Correction-
D Institutional Division.
Appellant gave timely Notice of Appeal.
0
0 STATEMENT OF FACTS
0 Terry Young, an investigator for the Brazos County Sheriff's Department, testified that
0 on February 16, 2012, he participated, along with other members of the Criminal Investigation
Division and some uniformed officers, in the execution of arrest warrants for David Greer and
0 Monishia Campbell in Bryan, Texas. Mr. Greer and Ms. Campbell were in a black Ranger
pickup and were pulled over by patrol officers, detained at gunpoint and arrested. (R.R. Vol. 4,
pp 26-32).
Subsequent to the arrest, Deputy Young conducted a vehicular inventory search. He
described the vehicle·as an extended cab Ford Ranger pickup with a passenger compartment that
had a small, extended area behind the seats. In the cab, he found "All kinds of clothing, just
various items, a cane, a bag that had a lot more clothing in it." (R.R. Vol. 4, 36-38).
He testified:
Q: The clothing that was in the bag, did it appear to belong to Mr. Greer or Ms. Campbell?
A: It appeared to belong to Ms. Campbell.
Q: Why do you say that?
A: Most of it was women's clothing, and it was very small..
Q: Okay. And, Ms. Campbell is a little girl, right?
A: Yes, she's very petite.
Q: With regard to the- well, did Ms. Campb-::11, for example, did she have a purse in there?
A: Yes. ·
Q: So, it would be fair to say that some of the sniff- some of the items that were in the cab of
the trunk clearly were associated with Ms. Campbell, ri~ht?
A: Yes, sir.
3
J
l Q: And others were clearly not. Would that be fair?
A: Yes, sir.
(R.R. Vol. 4, 3 8).
J
Deputy Young testified that he recovered a large, black leather jacket in the back
J
compartment area behind the seats, just lying with the rest of the items. It was not in the bag of
J \\{gat he referred to as Ms. Campbell's clothing. He found a .22 revolver in the pocket ofthe
:,;'~:;,
J j~~k~t. (R.R. Vol. 4, 39-40).
He further testified that Appellant was wearing a tank top and that a lot of the officer's
J
seen in the video were wearing jackets. Ms. Campbell was also wearing a coat. (R.R. Vol. 4, 43-
J 44).
} He was unsuccessful in his attempt to find usable fingerprints on the revolver. (R.R. Vol.
J
4, 47).
1
J He further testified that he found a .22 long rifle bullet in the pocket of a pair of Ms.
:1 Campbell's jeans found in a duffle bag. (R.R. Vol. 4, 49-50).
!I
lJ
Deputy Young opined that the .22 long rifle bullet could not be used in the .22 revolver,
which is chambered only for a .22 short bullet and a .22 short is substantially shorter. (R.R. Vol.
4, 50).
J
Using 3 bullets, of the same type he stated were found in the jeans, Deputy Young
testified that, while they could be loaded in the chamber of the .22 revolver, the chamber could
not rotate to the proper point and would not fire. (R.R. Vol. 4, 51-52, 55).
The actual bullet recovered from the jeans pocket _was returned to Ms. Campbell, as it
was not illegal to possess such. (R.R. Vol. 4, 52-53). The revolver was loaded at the time it was
discovered. (R.R. Vol. 4, 53).
'
4
l
1 Deputy Young said the basis for his belief that the jacket belonged to Appellant was, as
l follows:
A: The fact that the jacket is an extra large size, an9 that would be about the right size to fit the
defendant, being quite a bit bigger than what Ms. Campbell was.
u Q: Okay. As I think you showed us in the video earlier, Ms. Campbell was earlier wearing a
jacket.
A: Yes, sir. She was.
(R.R. Vol. 4, 57).
On cross, Deputy Young agreed that the truck was disorganized and that there was a lot
J of stuff "everywhere':. (R.R. Vol. 4, 60).
No pictures were taken of the interior of the cab of the truck prior to the search. And,
Investigator Young could not remember precisely where the jacket was found in the back
compartment and agreed that there may have been other clothes on top of the jacket. There was
no identifying information in the jacket. (R.R. Vol. 4, 60-61).
Deputy Young further testified on cross, that there is, in addition to the .22 short bullet
u and the .22 long rifle bullet, a .22 long shell that falls between the other two in size. He
acknowledged that a .22 long bullet would likely fit the revolver. (R.R. Vol. 4, 60-61 ).
J
The following was aaduced on cross regarding the bullet found in Ms. Campbell's jeans:
j Q (Mr. Gray): ... you did actually try to place the .22 long rifle shell in the -- in the chamber of
this particular gun; is that right?
A. We did with counsel, yes.
J Q: Okay. And then- we won't do it in front of the jury, so we're not loading the pistol in the
courtroom, but fair to say it wouldn't rotate?
A: Correct.
Q: Okay. Now, you would agree with me it just protruded by a hair. It wasn't that much, right?
A: That is correct.
Q: Okay. Would you, therefore, agree with me that a .222 long would likely fit in there, in that
particular chamber as it would be a little shorter?
A: Yes, you're right. It probably would.
Okay. And as to that .22 caliber shell that was fow1d in the size 5 jeans, that was not collected; is
that correct?
5
l
J
J
] A: That is correct.
Q: Okay. We have a photo of it, but we don't have the shell; is that fair to say?
A: That's correct, sir.
J Q: Okay. And there's not really- I tried to blow it up. There's really no marking or indications
that I could see as far as a brand or anything of that nature. Is it at least possible that that could
have been a .22 long, that shell?
A: I don't believe it was, sir.
Q: But is it possible?
l A: I don't think so, sir.
Q: Why is that?
A: I've had a lot of experience with .22s, and my personal belief is that it's a long rifle.
J Q: You'd agree with me though, that if we actually had it here, that would be the better option,
correct?
A: Yes sir.
J (R.R. V ol.4, 65-66).
In addition, Deputy Young acknowledged that the gun could have been swabbed in
l
cJ
different key areas, such as the trigger, hammer and handle, and sent, along with Appellant's and
J Ms. Campbell's samples, to determine a possible match. He admitted this had not been done.
The shells inside the chamber were not subjected to DNA analysis either, Nor were the shells
J
dusted for fingerprints.
J (R.R. Vol. 4, 67-68).
Deputy Young confirmed that the jacket Ms. Campbell was wearing as captured on the
:)
-"
video, was oversized. (R.R. Vol. 4, 71).
J The registered owner of the vehicle driven by Appellant was Kenneth Greer, Appellant's
father. (R.R. Vol. 4, 72-73).
J
Ricardo Ledesne, a Brazos County Sheriffs Department investigator, testified that, while
J on duty on February 16, 2012, he received a call from a confidential informant and, based upon
the call, began looking for Appelhnt and Monishia Campbell in a particular vehicle with the
J
intent of executing arrest warrants. (R.R. Vol. 4, 78-80).
J
6
J
J
] The weather was cloudy and cool and Investigator Ledesne was wearing a windbreaker
and he recalled that Ms. Campbell was weariag a red shirt and a camouflage jacket. (R.R. Vol. 4,
J
82).
J As part of his involvement in the investigation, he spoke with Ms. Campbell and, when
J the gun was found, took the jacket over to her to question her about who owned it. He said she
looked surprised and shook her head no. He further testified that Appellant denied the jacket was
J his. (R.R. Vol. 4, 83-86).
J On cross, Investigator Ledesne confirmed that Ms. Campbell was wearing an oversized
jacket. He also offered his opinion that the picture of the bullet found in the small jeans was from
J
a .22 long rifle and said that it would not fire from a .22 revolver. (R.R. Vol. 4, 91-95).
] Leketh McKinney, a Brazos County Sheriffs Department jailer, testified regarding an
exchange he said he had with Appellant in the jail in August of 2013. Wherein, according to
J
Deputy McKiney, upon being instructed to follow the rules, Appellant said that he "was in jail
J for not following the rules and wasn't about to start now." (R.R. Vol. 4, 96-97).
After the State rested, Appellant urged his Motion To Suppress, which was denied.
J
Defense called Monisha Campbell, who identified herself as being Appellant's live-in
J girlfriend at the time of the arrest. She stated that she and Appellant had fought the day preceding
the arrest and as a res.ult she had intended to move out. She testified, that:
I grabbed whatever clothes and items I could grab, and I grabbed a gun and placed it in my bag
and left. (R.R. Vol. 4, 110-114).
According to Ms. Campbell, the jacket inside of which law enforcement claimed to have
found the gun, was not hers, but she thought she may have taken it into her possession in the rush
to gather her property. (R.R. Vol. 4, 115).
7
:1
Ms. Campbell testified that she was certain that Appellant had no knowledge of the gun,
as she kept its existence from him due to the fact that he was on parole. Her reason for having the
J
gun was for self-defense because she had been the victim of a kidnapping and a rape and her
j
assailant was out on bond. She testified that she was on probation out of Galveston County for
J possession of cocaine at the time of the incident and was later revoked. She also admitted to theft
and prostitution convictions. (R.R. Vol. 4, 115-121, 140).
1 On cross, Ms. Campbell stated that she had believed she would have wrapped the gun up
l in clothes when packing to leave, and, when pressed, said she had a vague recollection of doing
so. She further stated that the jacket in question did belong to Appellant and she told Officer
J
Ledesne at the scene that it was 'Hillbilly's' jacket, referring to Appellant. She agreed with the
J prosecutor that, if Appellant was unaware of the gun in the pocket, he would have no reason to
deny ownership ofthejacket. She admitted that she had not accepted ownership ofthe gun when
J
questioned at the scene by Officer Ledesne and then again claimed it was not hers, when
J questioned in the patrol car by Deputy Belew. (R.R. Vol4, 127-136).
Her explanation, given on redirect, for not being truthful at the scene regarding her
J
ownership. of the weapon was that she was concerned about her probation. (R.R. Vol. 4, 137-
139).
After the defense rested, Detective Ledesne was called in rebuttal and a video was played
that showed Appellartt in custody at the scene wearing no jacket, denying ownership of the black
jacket and claiming ownership of the camouflage jacket. (R.R. Vol. 4, 144-146).
·"l On re-cross, after the playing of the scene video for the jury, Detecitve Ledesne,
acknowledged Ms. Campbell did sigh when asked about ownership of the jacket, despite his
earlier testimony to the contrary, (R.R. Vol. 4, 150).
8
1
J Upon being recalled, Investigator Young testified that the black jacket containing the gun
was not in the duffle bag. (R.R. Vol. 4, 154-155). He, again, on cross admitted he did not recall
J
exactly where in the back of the cab the jacket was found and could not say if it was on or under
J the other clothing. (R.R. Vol. 4, 155-156).
Jason Ware, a Brazos County Sheriffs Department investigator, testified that he saw
J
Invest[gator Young recover the black jacket from the vehicle. He could not say exactly from
J where Investigator Young found he jacket, but he did not believe it was in a bag full of other
J stuff. (R.R. Vol. 4, 159).
I
POINT OF ERROR NUMBER ONE
J
THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE VERDICT OF GUlL T BECAUSE
A RATIONAL JUROR COULD NOT HAVE FOUND BEYOND A REASONABLE DOUBT
J THAT APPELLANT WAS IN POSSESSION OF A FIREARM.
J STANDARD OF REVIEW
~
· In conducting a sufficiency review, the Court views the evidence in the light most
favorable to the verdict and determines whether any rational trier of fact could have found the
essential elements beyond a reasonable doubt. Brooks v. State', 323 S.W.3d 893, 899 (Tex. Crim.
App. 2010); Jackson v. Virginia, 443 U.S. 307, 319 (1979). The standard 1s the same for both
direct and circumstantial evidence. Edwards v. State, 813 S. W.2d 572, 575 (Tex. App.- Dallas,
1991, pet ref d). In evaluating a legal sufficiency challenge, the issue is not whether the court
believes the State's evidence or believes the defense's evidence outweighs the State's evidence.
Wicker v. State, 667 S.W.2d 137, 143 (Tex. Crim. App. 1984). The verdict may not be ·
J overturned unless the verdict is irrational or unsupported by proof beyond a reasonable doubt.
9
J
0
0 Matson v. State, 819 S.W.2d 839,846 (Tex. Crim. App. 1991).
0 Facts Relevant to Pointo[Error One
Appellant's challenge to the sufficiency of the evidence presented at trial is directed at
0 the issue of whether or not Appellant was intentionally or knowingly in possession of the firearm
D found in the search of the vehicle that he was driving. The relevant evidence is as follows:
The vehicle was in complete disarray with stuff everywhere. (R.R. Vol. IV, 60).
0 There was no evidence that the gun would have been apparent to Appellant, as no pictures were
taken demonstrating where property was located before the search. (R.R. Vol. IV, 60-61, 159).
There was no evidence that it was found in clos~ proximity to Appellant 'or that he could have
0 reached it while driving. (R.R. Vol. IV, 60-61, 159).
The vehicle was not owned by Appellant but by his father, Kenneth Greer. (R.R. Vol. IV, 72-73).
There was no forensic evidence that connected Appellant with the firearm. (R.R. Vol. IV, 61, 67-
D 68).
The testimony was that law enforcement's attempt at lifting fingerprints from the firearm was ··<:
unsuccessful and no attempt was made to print the shells found inside the firearm. (R.R. Vol. IV,
0 67-68).
Despite acknowledging that DNA could well have yielded evidence of who had handled the
weapon, such testing was not done. (R.R. Vol. IV, 68). .
0 Law enforcement had sent a request to the ATV to determine history of the firearm, but had done
so just before trial and had net yet received the information. (R.R. Vol. IV, 72).
The firearm was foun"d in the pocket of a men's large jacket. (R.R. Vol. IV, 39-40).
0 Appellant was not wearing a jacket and the weather
scene were wearing jackets. (R.R. Vol. IV, 57, 82). ·
was cool and some of the people on the
Ms. Campbell was wearing a large man's jacket when stoppe(;i. (R.R. Vol. IV, 71,91).
A .22 bullet was found in the pocket of a pair ofMs. Campbell's jeans, that Officers opined was
a long bullet and would not have be~n.usable in the .22 pistol. The bullet was not available to the
jury as it has been released. (R.R. V~l IV, 49-50). ,~'l
Ms. Campbell testified that the firear!n was._hers and she had obtained it as protection after being
the victim of a kidnapping and rape case and her accused assailant was released on bond.
She testified that Appellant had no knowledge of it, as she had carefully hidden it from him .. Her
explanation for its presence in the vehicle was that she and Appellant, with whom she \y~s living,
had argued the day before the arrest and she had gathered all her belongings.up in a hurry and'
loaded them in the truck. (R.R. Vol. IV, 110-121 ). /
Ms. Campbell testified that the jacket containing the bullet had been a gift toAppellant from his
mother. At the scene, she told officers that it belonged to "h~llbilly," her nickname for Appellant.
(R.R. Vol. IV, 127-136). ·, •
At the scene, Ms. Campbell denied ownership, or any knowledge, of the firearm. The
explanation she offered was that she was concerned about it possibly being a violation of her
probation. (R.R. Vol. IV, 144-146)
When questioned at the scene, Appellant denied owne~ship of the jacket. (R.R. Vol. IV, 83-86)
10
]
l
1 ARGUMENT AND AUTHORITIES
Evidence is insufficient to support a conviction if considering all the record evidence in
J the light most favorable to the verdict, no rational finder of fact could have found that each
essential element of the charged offense was proven beyond a reasonable doubt. See Jackson v.
Virginia, 443 U.S. 307,319,99 S. Ct. 2781,2789,61 L. Ed. 2d 560 (1979); Laster v. State, 275
S.W.3d 512, 517 (Tex. Crim. App. 2009); Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim.
App. 2007). Viewed in the light most favorable to the verdict, the evidence is insufficient under
this standard in two circumstances: (1) the record contains no evidence, or merely a "modicum"
·of evidence, probative of an element of the offense; or (2) the evidence conclusively establishes a
. ;l:
reasonable doubt. Jackson v. Virginia, 443 US. at 314; Laster v.~tate, 275 S.W.3d at 518;
Williams v. State, 235 S.W.3d at 750.
In conducting a sufficiency review, the appellate court considers both direct and
circumstantial evidence and all reasonable inferences that may be drawn there from in making its
determination. Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). An appellate
court determines whether the necessary inferences are reasonable based upon the combined and
cumulative force of all the evidence when viewed in the light most favorable to the verdict. Id.
Proof amounting to a strong suspicion or a probability of guilt will not suffice to establish
guilt beyond a reasonable doubt. Hall v. State, 86 S.W.3d 235, 240 (Tex.App.-Austin 2002, pet.
ref d). The proof must generate more than a strong suspicion or even a probability. Grant v.
State, 989 S.W.2d 428,433 (Tex. App.--Houston [14th Dist.] 1999, no pet.). Appellant
challenges the sufficiency of the evidence on the element of knowing or intentional possession.
To prove possession of a firearm by a felon, the State was required to show that
11
D
0 Appellant intentionally or knowingly possessed the firearm.
0 TEX.' PENAL CODE ANN.§ 46.04.
Possess" means care, custody, control, or management.
D TEX. PENAL CODE ANN. §1.07.
D The jury was properly charged, in part, that in order to convict, they must find as follows:
.. beyond a reasonable doubt that on or about the 16th day of February, 2012 in Brazos County,
0 Texas, the defendant, David Greer, did then and there having been convicted of the felony
offense .... intentionally or knowingly possess a firearm.
0 The charge correctly defined intentionally and knowingly, as follows:
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a
0 result of his conduct when it is his conscious objective or desire to engage in the conduct or
cause the result.
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or
0 to circumstances surrounding his conduct when he is aware of the nature of his conduct or that
the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of
his conduct when he is aware that his conduct is reasonably certain to cause the result.
D (C.R.46-4 7).
0 To support a conviction for possession of a firearm, the state must show ( 1) that the
accused exercised care, control, or custody of the firearm, (2) that the accused was conscious of
0 his connection with tli.e firearm, and (3) that he possessed the firearm knowingly or intentionally.
0 Davis v. State, 93 S.W.3d 664, 667 (Tex. App.- Texarkana 2002, pet. ref' d). The State must
establish that the defendant's connection with the firearm was more than just fortuitous .
.0 Bollinger v. State, 224 S.W.3d 768, 774 (Tex. App.- Eastland 2007, pet. ref' d).
0 The State is charged with rhe burden of proving each essentiat element of the charged
otiense beyond a reasonable doubt. Wi-ight ''· State. 603 S. W.2d 838, 840 (Tex. Crim. App.
0 1980).
0
0 12
0
I
]
l In viewing the evidence, detailed above, in the light most favorable to the verdict," the
evidence was insufficient to support the jury's finding, implicit in its verdict, that Appellant was
J
responsible for placing the gun inside the jacket. The State failed to establish enough links
J connecting Appellant to the firearm. Futiher, the testimony of Monishia Campbell conclusively
J established reasonable doubt.
\Vhen the accused is not in exclusive possession or control of the place where the
J contraband is found, it cannot be concluded that he has knowledge of or control over the
J contraband unless there are additional independent facts and circumstances linking him to the
contraband. Poindexter v. State, 153 S. W.3d 402 at 405 (Tex. Crim. App. 2005). As with , 486
S.W.3d 855 (5th Cir. 2007). In this case, while there was testimony ofreliability, there was
0 absolutely
-
w corroboration of the tip.
0 21
j ',1
LJ
]
J As held by the Third Court of Appeals, a known informant's tip is not reasonable
suspicion when law enforcement fails to corroborate the tip. In that case, the manager of a
J
restaurant contacted police about a person who was asleep in the fast food lane. However, when
]
the police arrived the person was awake and appeared normaL The evidence of the DWT arrest
was suppressed because the informant's tip was not corroborated and, therefore, reasonable
J
suspicion based on the officer's observations alone did not exits. Tex.Es v. Griffey, 241 S.W.3d
J 700 (Tex. App.-Austin 2007).
J Once it is established that the initial stop of the vehicle was not warranted, the discovery
of Appellant in the vehicle and the execution of the arrest warrant does not cure the taint of the
J initial invalid stop. If_it is established that the search or seizure was illegal, then not only is any
evidence obtained thereby inadmissible, but any evidence discovered as the result or exploitation
of that primary illegality is as well inadmissible as "fruit of the poisonous tree". Wo!!f{ Sun v.
J
US, 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963).
Even were this Court to find that the officers acted properly in stopping the vehicle, the
search of the vehicle that followed cannot be justified. The only theory offered by the State in
support of the warrantless search of the vehicle was that it was an inventory search, and that
rationale falls for two reasons. An inventory search of a vehicle is warranted only when the
driver is arrested and·no other person is available to drive the vehicle or "no other alternatives are
available other than impoundment to insure the protecti1m of the vehicle." South Dakota v.
Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976); Evers v. State, 576 S.W.2d 46
(Tex. Crim. App. 1978); Christian v. State, 592 S.W.2d 625 (Tex. Crim. App: 1980); Gill v.
State, 625 S.W.2d 307 (Tex. Crirr... App. 1981).fi~ the instant case, the vehicle was not owned by-·
Appellant but by his father Kenneth Greer. According to Investigator Terry, he will on occasion
22
0
n call a family member to come retrieve a car when the driver is being arrested. The fact that the
0 car was actually owned by Kenneth Greer would seem all the more reason to contact him.
Clearly, the intent of law enforcement in not doing so was to justify an investigatory search as an
n inventory search. __:
0 Furthermore, the inventory search was not conducted in compliance with the guidelines
and procedures dictated by the Brazos County Sheriff's Department, which require the officer to
D list every item of property on the inventory form. The inventory form did not include the firearm,
D the bullet found in the jeans,- and did not specify the items of clothing
-
found, such as the jeans ·
and the jacket. _i _
0 A true inventory search of an automobile occurring outside the legal concepts of probable
0 cause or a search incident to valid arrest, is just that and nothing more. It means that, using a
standard inventory form prepared pursuant to standard police procedure, a police officer or his
0 agent lawfully inventories the contents of a lawfully impounded motor vehicle. Daniels v. State,
0 600 S.W.2d 813 (Tex. Crim. App. 1980); Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App.
1980); Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981).
0 The Supreme Court has insisted that there be a real policy or regulation and that same be
0 directed at producing an inventory, not an exploratory criminal investigation:
0 The policy or practice governing inventory searches should be designed to produce an inventory.
The individual officer must not be allowed so much latitude that inventory searches are turned
into 'a purposeful and general means of discovering evidence of crime' ... " Florida v. Wells, 495
0 U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990)
0 In the insist case, while there was a specific poli~y in effect that was designed at
producing an inventory, the policy was not followed and, therefore, the search is not justified as
0 an inventory search. The trial court erred and abused its discretion in denying the Motion to
u 23
[J
0
D Suppress. The firearm seized from the vehicle was the result of an illegal stop and an illegal
0 search and should have been suppressed.
D POINT OF ERROR NUMBER FOUR
0 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL
0 DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO
SUPPRESS AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE
D SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH
0 Appellant urges this Point of Error only in the event that the Court determines that the
complaints presented in Points of Error Two and Three were not preserved for review. Appellant
0 incorporates here the facts and legal authority set out in Points of Error Two and Three.
0 Appellant has an absolute right to effective assistance of counsel at trial. U.S. CONST.
VI & XIV; Powell v. Alabama, 287 U.S. (1932). Counsel must act within a range of competence
0 demanded of counsel.in criminal cases. McMann v. Richardson, 397 U.S. 759 (1970)
0 Trial counsel's failure to present the Motions to Supress filed prior to .trial and discussed
0 pre-trial constitutes deficient performance. The applicable standard is Strickland v. Washington,
466 U.S. 668 (1984):
[] As held by the United States Supreme Court, in Strickland v. Washington:
0 The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so
undermined the proper functioning of the adversarial process that the trial cannot be relied on as
having produced a just result.
0 Strickland v. Washington 104 S.Ct. at 2064.
The Strickland stand~rd applies to a claim of ineffective assistance of counsel arising
0 under article I, § 10 of the Texas Constitution and under the Sixth Amendment to the U.S.
[J 24
0 I
I
I
.I
0
0 Constitution. Hernandez v. State, 726 S. W.2d 53 (Tex. Crim. App. 1986).
0 The Court of Criminal Appeals of Texas, stated that:
Under Strickland there are two tests a defendant who seeks relief must meet: 'First, the defendant
B must show that counsel's performance was deficient.. .. Second, the defendant must show that the
deficient performance prejudiced the defense.
0 And, in elaborating on the second prong, the Court said:
The defendant must show that there is a reasonable probability that, but for counsel's
0 unprofessional errors, the result of the proceeding would have been different. A reasonable
probability is a probability sufficient to undermine confidence in the outcome.
Butler v. State, 716 S.W.2d 48, 54.
The effectiver;ess of counsel is ordinarily gauged by the totality of the representation, but
0 a single error, if sufficiently egregious, can constitute ineffective assistance. Ex parte Felton, 815
S.W.2d 733 (Tex. Crim. App. 1991). An Appellate Court does not inquire into trial strategy
0 unless no possible basis in trial strategy or tactics exists, Weeks v. State, 894 S. W.2d 390, 391
0 (Tex.App.-Dallas 1994, no pet.).
This is such a case. Trail counsel was clearly aware of the pivotal role the suppression
D issue had to the outcome of the case. Considering the totality of the circumstances, trial counsel's
0 performance was outside the range of professionally competent assistance. His actions were not
0 the result of reasonable professional judgment. There is no rational trial strategy that would
warrant failing to present the suppression motion or obj..::cting to the admission of the firearm.
0 The fact that trial counsel did finally urge his motion underscores that his failure to do so timely
0 was not a strategy.
Appellant's conviction should be reversed and he should be granted a new trial.
0
25
TI
0 POINT OF ERROR NUMBER FIVE
0 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S
OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401, 403, A
0 STATEMENT MADE BY APPELLANT
0 Prior to the commencement of the trial, the State made known to the Court their intention
0 of eliciting the testimony ofLakesh McKinney, a Brazos County Sheriff's Department jailer,
who claimed that he confronted Appellant about a rule infraction and Appellant replied "I don't
D follow rules. I'm in here for not following the rules; and. so, I'm not going to start now."
0 .Appellant objected on the basis of relevance and argued that it should be kept out under Texas
Rule of Evidence 403, as the prejudicial effect substantially outweighed the probative value of
D the alleged statement~ The Court overruled the objection and Deputy McKinney testified as to
0 Appellant's alleged statement before the jury. (R.R Vol. IV, 9-15, 96-97).
ARGUMENT AND AUTHORITIES
0 Evidence is "relevant" if it has "any tel1dency to make the existence of any f~tct that is of
0 consequence to the determination of the action more probable or less probable than it would be
without the evidence." TEX. R. EVID. 401 Relevancy is "predicated on a subjective relationship
0 between the proffered evidence and a fact that is of consequence to the determination of the
D action. Carter v. S'tate. 851 S.W.2d 390, 391 (Tex. App. ·- Fort Worth 1()93. pet ref' d.) Evidence
that is not relevant is not admissible. 'fEX. R. Evid. 402.
0 Even if this Court determines that the statement was relevant, its prejudicial effect
0 substantially outweighed any probative value. and it therefore should not have been admitted
into evidence. TEX. R. EVID. 403. The effect upon the jury would clearly be to convey to them
0 that 1) Appellant was guilty of some other wrong or in:5·action while in custody; 2) that'
0 26
0
n - f.'
0 Appellant was in custody for this or another offense; and 3) that Appellant if he was not
0 referring to the charged offense, was a criminal generally. Unfair prejudice means the tendency
of the evidence "to prove some adverse fact not properly in issue or unfairly to excite emotions
0 against the defendant." Afontgomery v. State, 810 S.W.2d 372, 387 (Tex. Crim. App. 1990) (op.
0 on rch' g). ·rhcrefore, :'\ppellant' s objection to the evidence should have been sustained. Failure
to do so was error.
0 Upon determining that the admission of evidence was erroneous in a case where the en·or
0 wan non-constitutional, as here, the appellate court should then consider whether admission of
the evidence was hannful. ·rhe error in admission will be disregarded error in admission if it did
Q,
not affect Appellant's substGreer, David AKA David Duane Greer
Combined Opinion