Beasley, Willie Donnell

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IN THE COURT OF CRlM'INAL APPEALS OF 'I`EXAS APPLICAII`ION FOR A WRIT OF HABEAS CORPUS _ SEEKING RELlEF FROM FINAL FELONY C()NVICTlON UNDER CODE (_)F CRIMINAL PROCEDURE, ARTICLE `11.07 NAME; __mTi i Ti=‘ n amici i:‘v DATE OFBIRTH: "\111\1 29th 1961 T_DCJ-Cu) NUMBER: _LQ?_&_______ SID NUMBER: (1) This application concerns (checl< all that apply): B< a conviction / Actu-al E] parole Innocence of Crime §3< a sentence[ lleq al l:l mandatory supervision IMPROPER ENHANCFMENT [1 Pt&ié"&§&i?h El out-of-time appeal or petition for v discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) 173RD JUDICIAL DISTRICT COURT / HENDERSON~COUNTY (3) What was the case number in the trial court? _ i..._.._q.T.Q_,)..___-._T. .. . ,. . ...…. .. .. ,_.. , ,,.. _.~-,,,_,~ (4) What was the name of the trial judge? HONORABLE JACK H- HOLLAND Effecrive; January 1, 2014 ` 1 Rev. 01/14/14 (6) (7) (8) '(9) (10) Were you represented by counsel? lf yes, provide the attorney's name: ___I]`_ERES.A____A_...____D.RUM What was the date that the judgment was entered? 'APRTL oa+h 1999 rouNn GuILTY For what offense were you convicted and what was the sentence? A<'ja!ravated Robberv / Habitual If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? N.A- What was the plea you entered? (Check one.). Cl guilty~open plea l] guilty-plea bargain § not guilty D nolo contendere/no contest If you entered different pleas to counts in a multi~count indictment, please explain: N.A. N-A- What kind of trial did you have? El no jury |'_`] jury for guilt and punishment §§ jury for guilt, judge for punishment Rev. 01/14/14 (l 1) Did you testify at trial? If yes, at what phase of the trial did you testify? NO (1.2) Did you appeal from the judgment of conviction? XlEyes [J no lf you did appeal,- answer the following questions: (A) What court of appeals did you appeal to? TWELFT“ DISTRICT °f APPEA" 11-721-14 (B) What was the case number? j (C) Were you represented by counsel on appeal? I,f yes, provide the-attorney's name: Mr- Scott Williams (D) What was the decision and the date of the decision? AFFT-RMF"D / 1"39~7000 (13) Did you file a petition for discretionary review in the Court of Criminal Appea'ls? Xlil yes |:l no If you did file a petition for discretionary review, answer the following questions: (A) What was the case number? UNKNOW" (B) What was the decision and the date of the decision? REFUSF`D 07 /26 /zmm ' (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Proc'edure challenging this conviction? )(X yes l:l no If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals’ writ number? U.NKNM_________ Rev. Ol/l4/l4 (15) (16) (B) What was the decision and the date of the decision? _ummomm__ (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. who previous apolication: AND WAS NOT ARCERTAINABLE THROUGH THR EXRRCISE OF RRASONABLR DILTGENCR ON OR BRFORF THAT DATF AND COULD NOT HAVR anew RF`.ASONABLY FORMUI.L'T‘F.D F`ROM 1\ F‘INI-\l. DF`.CTST.ON- Do you currently have any petition or appeal pending in any other state or federal court? l:l yes ii no l'f you answered yes, please provide the name of the court and the case numbers N_A- lf you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) 13 yes Q( no If you answered yes, answer the following questions: (A) what date did you present the claim? N - “ ~ (B) Did you receive a decision and,. if yes, what was the date of the decision? N_A_ If you answered no, please explain why you have not submitted your claim: Rev. 0}/14/14. (17) Beginning on page 6, state conciser every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a.brief summary of the facts If your grounds and brief summary of the facts have .n'ot been presented on the form application, the Court will n`ot. consider your grounds If you have more than four grounds, use pages 14 and 15 of the -form, which you may copy as many times as needed togive you a separate page for each ground, with each ground numbered in sequence. 'I`he recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in.the form. You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form.. 'l`he citations and argument must hein a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum. Rev. 01/14/14 GROUNDON& THTS Ts A SUBSROURNT wRTm APPLTFATTOM HOWPVFR APprTCANm rs CHALLRNGTNG THP TMDROPER/ Trrwcni ENHnmcprmm pARAGRAPU. FACTS SU.PPORTING GROUND ONE: The Subseouent Application provision abuse Of the weir pnrrrinp used in Federal Practice which limits an inmate to ONE APPLTCATTON for Writ of Habeas Corpus except in exceptional circumstances specificallv the Subseouent-Application provision in Arr1c1e 11-97 and 11-071 were enacted in response to SCHLUP Vs- DELO_ 519 U.S- 298. 115 S- Ct- 851_ 130 L- Rd- 2d- 808. In SCHLUP. the United States §uorem@ Court ruled that the FPDFRAL HABEAS CORPUS Petitioner must show that a constitutional`violation “ MORE THAN LIKELY THAN NOT" required in the conviction oF an innocent person id- at 327. U-S. 851. This was an adoption of the CARRIER. See: MURRA¥ Vs- CARRIER. 477 U-S. 478. 496. 106 S- Ct- 2699 91 L` RD 2d- 397 (1986l mhp CARRTRR Standard rpmnires the Habeas Petitioner to show that " a CONSTTTUTTONLL VIOLATTON" has probablv resulted in rha conviction of one who is actuallv innocent.“ To establish the Re""ici+¢ nrnhnhilirv rhp Ppririonpr must show that it is more likplv than not_that no reasonable Jnrnr would have cnnvic+pd him in iiqh+ nF the now evidence-.. SCHLUP- 513 U.S. at 327. 115 S. Ct. 851. Q¢nnA;rA rha mnrp qrrinJPnt- j _"SAwYER. sAwYE‘.a vs. wHITLr-:Y, 505 u.s. 333, 112 S. cc. 2514, 120 L. Ed. 2d. 2691 (1992) holding that a Habeas Petitioner must show _b¥~sleas~anB_conxincing_e1idenc2_LhaLlhnL_fQ£_é_§QB§LlLBLLQEQl error no reasonable JUROR would have found the Petitioner eligible for death penalty. Standard was rejected anB the Court reasoned thatin ' ' ' ` '~ that a Constitutional error resulted in the conviction of one who is actuallg`nnxocent of the crime. The CARRIER StanBard strikes the bala1ce between the societal imr°rpqr nf finalitv anH the individual interest in Justice. SCHLUP, 513 U.S. at 324, 115 S. Ct. 851. The Court discussed the ~needm£or~anwexeepeionmco'adequatelymprotectwagainstmthgmhin§nQf miscarrage of Justice that would result from the execution of a person who is not guilty, who is actually innocent. The reasoning -ca-n_eq§a.}_l.s{_.bg_app`lipd l'() both€lal§`tlcl@ 11.071 SeCtiOl'l 4(&) and (2) and 11.071 Section 5 (a) (2). A credible claim of actual innocense to bring the Petitioner within the "NARROW CLASS of CASE“, implica§ing a fundamental miscarriage or uusLic=. 115 S. Ct- 851. In other words, Showing actual innocense by a preponderence of the evidence is a gateway through which a Habeas Petitioner must.pass in order to have an otherwise barred Constitutional 6 Rev. 01/14/14 F] . .3 3 l . . . 506 U.S. at 404, 113 S. Ct. 853. `The current claims aid issues have not been aid could not have been presented previously in al original Application or/IN A PREVIOUSLY considered Application filed back in 2000 under this article because the factual or Legal basis for the claims was un-AVAILABLE On the' date the Applicant filed the previous Application and was not ascertainable through the exercise of reasonable diligence on or before that date, and could not have been reasonably formulated from a FINAL decision. Rev, 01/14/14 GROUND TWO: IMPROPER / ILLEGAL SENTENCE WITH TWO ENHANCEHENT PARAGRAPHS FACTSSUPPORTINGGROUNDTWO: A'pplicant was charged with the F‘elony offense of Aggravated Robberv/Habitual. The indictment (A-9192-J) contains TWO BNHANCEMENT Paragraphs, See the indictment-Rxhibit A attached hereto which alleged two enhancement paragraphs show- inn rha hnra1arv of a building, Cause no: A-4667 and Robberv. Cause no: A-6883, On March OBthl 1999. Applicant plead NOT guilty to the offense of Aggravated Robbery and after being found guilty of the primary offense, Applicant choose to be sentenced by the Trial Judge of the l73rd Judicial District of Henderson County and plead not guilty to the first enhancement paragraph and True co the second enhancement paragraph based upon erroneous advice from Counsel, during tne penaity phase of the trial. The Trial Court Judge did take into consideration the prior convictions. That he was mislead by the State prosecutor into believing that the two priors enhancement paragraphs was in fact final convictions, and the State `WPY§§§EUE§?WKHSW'fn§tm€§§“§?i§?"enhandemenf§“were nOwaiH§l convictions and were un-available for enhancement purposes. See; EXHIBfT (a) - INDICTMENT, EXHlBlT \u) - Juubnmnmi and sentencing.because after being mislead, by the State Prosecutor, and not knowing it, the record will affirmatively reflect that the Judge did take into consideration the enhancement paragraphs when he pronounced and sentenced Applicant to 40 years in the 8 Rcv.Ol/l4/l4 Texas department of Criminal Corrections divisionl based upon information put before him by the State Prosecutor and the defense Attorney should have objected to the improper and illegal enhancement. Also, See: a letter from the Henderson County District Clerk, ( Exhibit (c)... showing NO MANDATE in either case. See: EXHIBIT (c) attached hereto. See Page 5 and Pafe 6 of the memorandum of the Law attached :' hereto. Rcv.Ol/l4/l4 GROUNDTHREE FACTS SUPPORTING GROUND THREE: APPLICANT CONTENDS THAT HE WAS SUBJECT TO INEFFECTIVE ASSISTANCE of Counsel during the penalty phase due to Defense Counsel's failure to investigate the Prior Conviction aid the enhaicemenr Paragraphs used for enhaicement purposes. DefenS@Counsel failed to file a motion with the Trial Court to saiid paragraph was unavailable and were Not final convictions. and could not be used for enhancement purposes. but, the D f n n nnnnn 1 m D:nm innaarianaa rha nrinre. she would w L _ have known about the improper enhancements and she would have filed a motion to dismiss the indictment. due to the fact that rha run enhancement naraoraohs were unavailable and the indictment is defective because its missing eddential elements of the Primary Offense, concerning in the manner of its use or ir»q intended use. and it's capability of causing serious bodily injury or possibly even death. The defense Counsel sat there and allowed the State Prosecutor to mis-lead the Trial Court Judge into believing what she was putting before him concerning the priors, were FINAL CONVICTIONS, See: GROUND NO: 3, Page 8 and 9 of Applicant's memorandum attached hereto. 10 Rev.Ol/l4/l4 ll Rev. 01/14/14 _GROUNI) FoUR= INNOCENSE PHASE OF THE TRIAL FA_CTS SUPPORTING GROUND FOUR: ADDliCant contends that he received Ineffective Assistance of Counsel during the Guilt/lnnocense Phase of the Trial. Applicant asserts that a missing material witness for the defense was not …thia_nitnessgaad_famahle_elidence through testimony. that could have cleared Applicant of the alleged offense of Aggravated Robbery, prior to Trial, Aoplicant had informed defense Counsel Ms. T. Drum. that he had an alibi witness,to Substantiate his location at the time of the alledged crime or offense. Trial Counsel failed to interview the alibi witness, who put the Applicant in another location at the time of the offense (ie. 38.4 miles away). Applicant did inform Counsel, Ms. Drum, with the names of the material witnesses for the defense (ie.. TRACY SOWELL'S) and after Ms. Drum had the Court's clerk to issue a subpena for Mr. SOWELL'S, and after Ms. Drum*askeo that mrz soweli's be in Court MARGH O9th1 19991 Sheq~Ms.»Dsum. phoned Mr. Sowell'sand told.him that she would not be needing him. Ms. Drum also had Applicant's brother, Thomas G. Spencer, and a Friend Mr. Tom Perdue, to come to Court to offer testimony, but prohibited them to testify for the Applicant. Failure by Defense Counsel to produce those alibi witnesses under the fact and circumstances, constitutes ineffective 12 Rev.OI/l4/l4 Assistance of counsel. Defense Counsel also abandoned Applicant only defense which was prejudice. Applicant also made known the location of TWO other witnesses that could have further testified that the alledged victim had accused them of taking property from her. Failure to contact and interview any and all ' ' ` ' . Bo h Mr. Sowell's and Mr. Spencer was willing and ready to testify for the Applicant, due to Counsel's un-professional error, they were not able to testify and had they been, there would have been a different outcome at the end of the Trial. SEE GROUND OF ERROR(#4) Page 10-12 of the memorandum. 13 Rev. ()1/14/14 INEFEECTIVE ASSISTANCE OF COUNSEL DUE TO'CONFLICT OF INTEREST FAC'I`S SUPPORTING GROUND: Applicant contends that there was a conflict of interest, between himself, and Court Appointed Attorneyl Ms. T.A. Drum. who represented Applicant at his Trial. Aside from.the fact there existed a very close friendship between Ms. Drum and the Assistant D.A. Ms. SHARI MOORE.y Ms. Drum was also employed by Henderson County as a CITY Prosecutor of Gun Barrell Cityl Texas. The Trial Court erred in its decision not to investigate applicant's claim of conflict of interest as well as defense COUHS€lS r€QU€SE CO wlthdraw from the case citing a possible conflict of interest. The Trial Court Judge totally dis- regarded Applicant's claim. as well as his Attorney's claim and such conflict had adverse effect on Counsel's representation. Applicant further states that the possible conflict of interest did become a complete conflict when defense counsel Drum had to choose between actually protecting Apblicant's rights, Trial By Judge, ( a Jury not tampered with). and reporting a fellow officer of the Court's and of the State, Detective Kay Langford for possible Jury tampering. Apolicant would like to re-direct the Courts attention to the following: Applicant did file an affidavit of Jury mis~conduct with the Trial Court's on March lOth, 1999. SEE: EXHIBIT (D) attached hereto and part of the record on 14 Rev. 01/14/14 at the Clerk‘s Office. The Trial Court Judge received said affidavit and sent a copy of the same to Applicant's Trial Attorney. See: EXHIBIT (E) attached hereto and is also a part of the Court Records. A Reading of EXHIBIT (D) clearly demonstrates that Ms. Drum knew of the Jury tampering prior to trial and prior to applicant filing this affidavit and she failed to report it to the Court's where it could have been properly addressed and investigated by the Trial Court. Ms. Drum should have moved for an in camera hearing to voir doir Ms. P. Hamlet, the cnnrr qhnn1d have initiated an in guiry if it knew or reasonably should have known that a potential conflict did in fact exist. 15 Rev. 01/14/14 GROUND:NO: 6 JUROR MlS-CONDUCT ( UN~APPROVED JURY COMMUNICATION Applicant contends that on MARCH 09th, 1999. Applicant made FACTS SUPPORTlNG GROUND: State investigators. ( ie. KAY LANGFORD) who is involved in the investigation of Applicant's case, was observed before s; starting of voir doir, talking to one of the potential jurors and applicant did point to the investigator and Ms. Drum. and her sister, who was at the defense counsel table ..seen Ms. Langford as she was talking with the individual that was identified as JUROR No: 6. a Ms. Paula HAMLET_ See; EXHIBIT (D) Applicant's affidavit and affidavit of TOM Perdue and Melissa A. Beasley. In which they also witnessed De Detective Kay LAngford fleeing from the Courtroom with a manilla folder clinging to her chest.. See EXHIBIT F.G,l) Applicant's Attorney, Ms. Drum, failed to report the un-authorized juror communication had taken place. Ms. Hamlet and State lnvestigato ,'Kay Langford. were observed having this conversation with one another in the Jury panel box This was before Jury selection started. Ms. Hamlet was one of the twelve Juror members that was chosen for Jury seating in applican't's case. As a result. of the defense attorney Ms. Drum neglecting her duties, an affidavit was filed on MARCH lOth, 1999, by Applicant_ See: EXHIBIT § (D) Please note 14 Rev. 01/14/14 that the Trial court Judge, (ie: HONORABLB JACK H. HOLLAND.) acknowledged receiving Applican'ts affidavitl See BXIBIT (B) a Lerter from Judge Holland. However. the issue of Jury` mls-conduct has never been investigated by the Trial officials or defense Attorney's and such should have been inguired into to determine the impact and to find out what the investigator may have exposed to the Jury or panel. Rev. 01/14/14 GROUND: NO; 7 NO EVIDENCE TO SUPPORT THE CONVICTION LEGALLY INSQFFICIENCY OF EVIDENCE FACTS SUPPORTING GROUND: Applicant contends that there was no evidence to support his conviction and applicant further argues that he was convicted not because of conclusive evidence that shows he was “uilty ofaggravated Robbery, butl was based upon TWO prior convictions~ that were not final convictions in Applicant's past. Applicant further argues that the mis-identification was not raised at trial because the alleged victim identification oft applicant was so far out of focus that the Trial Court Judge had to question the testimony of the alleged victim, (Credibility) when the victim was asked if she could identify the perpetrator of this alleged crime. A Spectator in the very back of the Court room shouted .. OUOTE; "THATS WILLLE BEASLEY!:" Un-quote.` The Aileged victim could not describe for the trial Court Judge what the Applicant was wearing abd defense Counsel failed to move to correct testimony, when she knew'that was false ana mis~ieauinq. When questioned about what had taken place on NOVEMBER 19th. 1998, the alleged victim started to testify as to someone in a field with a pick-up truck and the victim displayed problems of remembering anything. `She spoke about someone trying to " WHO-DO-HBR".._and that someone had come and taken matteress‘s from her residence, Apolicant would like to further point out that the States chief witness in this case, a Mr. Eddie Pace, Rev. 01/14/14 was the one who found the victim's alleged wallet. The same State's witness that applicant had told Ms. T'A. Drum, that tx this man was a wanted fugitive out of build Cudi?i. Trial Counsel failed to investigate impeachable evidence, for attacking the credibility of the State's witness. She, Ms. Drum had a duty to investigate leads, affecting the credibility of witnesses which should serve to boost her client's credibility and undermine the State's credibility, Rev. 01/14/14 WHEREFORE, APPLICANT PRA_YS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THI‘S PROCEEDING. VERIFICATION This application must be verified or it will be dismissed for noncompliance For verification purposes, an applicant 1s a person hling`the application on his or her own behalf A petitioner is a person filing the application on behalf of an applicant for example, an applicant’ s attorney An inmate 1s a person who 1s in custody The inmate applicant must sign either the “Oath Befo_re` a Notaxy Public” before a notary public or the “Inmate’s. Declaration” without a notary public. lf the inmate is represented by a licensed attorney, the attorney may sign the “Oath Before a Notary'Public” as`petitioner and then complete “Pen'tioner~’s hxfo_rmation.” A non-inmate applicant must sign the “Oath Before a Not_ary Public” before a notary public unless he is represented by a licensed attorney, in which ' case the attorney may sign the verification as petitioner A non-inmate non- -attomey petitioner must sign the “Oath Bef`ore a Notary Public” before a notary public and must also complete “Petitioner’ s Infonnation. ” An inmate petitloner must sign either the “Oath Before a Notary Public” before a notary public or. the “Inlnate’ s Declaration” without a notary public and must also complete the appropriate “Pe`titioner’ s Information." OATH"BEFORE A NOTAR¥ PUBLIC STATE OF TEXAS COUNTY OF ,being duly swom, under oath says: “I am the applicant / petitioner (circle one) m this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated m the application are true. ” Signaturc of Applicant / Petitioner (circlc one) SUBSCRIBED AND SWORN TO BEFORE M.E THIS DAY OF , 20 ` Sig_natureof` Notary Public 16 Rev. 01/14/14 PETITIONER’S INFORMATION Petitioner’s printed n.ame; State bar number, if applicable: Address: 'l`elephone:` Fax: INMATE’S DECLARATION I, Aj////[;’ 2 A /-”/§`\' / 5"% am the applicant / petitioner (circle one) and being presently incarcerated in m /,¢j '/74, '/’/A§’L , declare under penalty of perjury that, according to my belief, the facts stated in the above application are true and correct Signed on 242 Z: 4 , 20_£'_§’_. Signature of Applicant`/]Petiti (circle one) 17 ReV.Ol/l4/l4 PETITIONER’S I.NFORMA»TI()N f ' / l Petitioner’s printed namet `Addressj JQAA C/IM &/)5 d ..»-'_’-' ____-r/ , 1 ' 7 /)¢;/M,W)'/,!w/ g/M z/' Telephonc: Fax: signed on §/A»°‘i?~.-i-.°/ "“ …;-....- "'l§.).(.§§.\\\‘ 415`ON co-\" . ’*. thereof, and it appearing to the Court that the Defendant is mentally competent and understands the proceedings lt rs, therefere CONSIDBR=EI AND ORDERED by the Court, in the presence of the said _ j and his augm¢_y that the said judgment as set forth above, be and is hereby in all things approved and confirmed, and that the Defendant, who has been adjudged guilty of the . above named offense, as shown above, and whose punishment has been assessed by the Court as shown above, be punished in accordance with the punishment set forth above and that the _ Defendant shall be delivered by the Shen'ff of Henderson County to the Di'rector of the Depart_ment of Criminal justices lnstitutional Division, of the State of Texas,` or other person legally authorized to receive-such convicts,fo_r the punishment assessed herein, and said Defendant shall be confined forthe above named term in accordance with the provisions of law , governing such punishments and execution may issue as necessary. lt rs further ORDERED that the Defendant pay court costs as set forth abcye. ' And the Defendant is remanded to'jail until the said Sheriff can obey the directions of this judgment ~udge, 4173rd Judrcrai District Court of Henderson County, Texas o }.'-’.' `\' . !()_ ./" "`.".`.’.f 4 -x . .. 0 ii l`it’_‘~` -"Cj_').. - v "_ `ptcua,C :V 51 . .._ ..;T__. . .‘.j ~‘]'-" l~ -»,~~ .~q_ d ", l"'~,? '_`_-k_ " _ soucu\>" pgaT\Fi'éD 00l `Mr. Willie D. Beasley #870844 M.W. Michael Unit 2664 FM 2054 Tenn. Colony, TX 75886 Mr. Beasley, Office of District Clerk HENDERSON COUNTY Jean Godwin District Clerk Regarding your letter dated June 2, 2013, we have no mandate filed in either cause A-4667 (Burglary), Or A-6883 (Robbery). Thank you, rict Clerk 109 West Coreicana St. Athens, Texas 75751 903-677~7244 manthony@CO.heHder§on.tXFuS w 100 East Tyler Street, Suite 203 0 Athens, TeXaS 75751 0 (903) 675-6115 v Fax: (903) 677~7274 www.co.henderson.tx.us F\---_-----""_"’ _ ; \)~r~¢\ `;a_; ‘\\\"‘\¢\"'r'*‘\ ""°'°"’°"“*` (A`br. t\"`§"`\'¥,t~¢y SC»L~`-i \\ M°\ ge C“\\'-'\ ' ' . >.Z¢U ou' lll"'_"' :_(; v M444-1 XVZ"; ‘ 1_;-.:. _*;:'_ c\f-* nl ' __{;? ,:¢.'_A/¢_. j__:_y££€________.__ -__M_M£x>\&f_l_%:`$ .Q . 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L»'M_M_ALF¢ZLZ¢° _ ________ __A/////¢'.-__D ,A’_w/j/_/z/:r§//./é:€/I_ zS/,¢A_./’//_o[_zé/_/£A/z_£d//§/__;p ,~,/~/_/z¢_¢é./,zfs/_mae_awaa/aa _/./»,_z>,:/_l_?,-M£/_,%_/ww//J€/,¢ _ -.A' // I//y_____A/_ év_//_:)ZS(/.s~q, _/za_/¢J_-_/J; _H_Y.>'j;/__Lv_.z_/§_i/g_/_'/_”M;%j_ __._ _________ _ _A»/£’// (' '- / )z/;e_l/,/Aa__zaa/zwa%:;/ __ _ _ __ ________________2¢;._.!¢,<§_123_______ " ' jz'a/cP/),”_B-__ZF_Z$Z____ d . //.4_{"2?¢"/7\//_ _' J_T//_/A//A./Q{ _ BETH WlLLlAMS COURT COORD|NATOR 903/675-6107 JAcK 'H_ HoLLAND JUDGE 903/675-6107 FAx 903/675-6106 MARTHA LAM %’M~z@wé£> Thomas G.Spencer,AFFIANT BEFORE ME,the undersigned authority on this day personaly appeared Thomas G.Spencer and have been duly sworn ,states that,to the best of his knowledge,the foregoing affidavit of material witness is true and correct inevery respect and is a correct and complete statement of the matters to which it relates ¢_q SUBSCRIBED AND SWORN TO BEFORE ME BY THOMAS G.SPENCER on this the 2{2 ,- DAY 0F :I§§ZS 2001: certify which witness my hand and seal of office. 1 \` 4 Arndavn ’"'”’”’{ /;P) ms s'rATE or TEXAS coUNrY or HENDERSON Before Me, 'l`he undersigned authority on this day personally appeared Melissa Ann Beasley, who is known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purposes and consideration therein expressed: ' l\/Iy Name is Melissa vAnn Beasley; I am over twenty-one years of age_, of sound mind, capable of making this affidavit and personally acquainted with the facts here in stated On the 8th day of March 1999, While waiting in the lobby of the Henderson County Court House l observed Det. Kay langford fleeing from Judge Carter Terrance’s Court Room. Det. l'\";xy langford was the Chief lnvestigating Oflicer in the case against my husband Willie Donnell Beasley. l was standing in the lobby talking with another potential Witness for my husband I. E. Tom Purdue when this officer emerged from the Court with a manila folder clenched to her chest fleeing from the Court room. Also, l have personnel knowledge that my husband was very dissatisfied with his attorney in her performance before his trial started. l lt is also to my understanding that both Wiilie and his Attorney requested the Courts to allow his Attorney to withdraw citing possible conflicts of interest 'l`he court refused to allow my husband to dismiss his Attorney and appoint another attorney-to represent him on his case in witness thereof, I have hereto set my hand this the i_ day of/_Z/L.lZOOQ Lii/il.§ze ®x;\. Ctx'l,l() Lizl&(;t \Cu \)~ \/Ieli‘ssa Ann Beasley Sworn to and Subscribed before me by the said Melissa Ann Beasley on this {/ ____day of /;;)/¢ 2001,3 cit Yz'; To certify Which Witness my hand and seal of oiEc;e. NoT ARY et IBLiC 1N AND FoR THE STA 1" E OF TEXAS AFFIDAVIT ) .~’/./'j'.'.;;a,»~/fi-'"l»s, " § 7“/!'} //') ` h’ Before-me, the undersigned authority on this day personally appeared Luther Taliaferro, who is known to me to be the person whose name is subscribed to the foregoing instrument and ' acknowledged to me that he executed the same for the purpose and consideration therein expressed: My name is Luther Taliaferro.~ I am over 21 years of age, of sound mind, capable of making this affidavit and personally acquainted With the facts here stated. On February ll, 1999, I met with attorney Teresa A. Drum at her office in»Gun Barrel Cityw Ms. Drum requested l conduct an investigation involving an Agg. Assault charge against Willie Beasley. Ms. Drum said Willie Beasley is,-accused of assaulting and robbing his next door neighbor Ms. Drum said Beasley denies these charges and says h_e was visiting a friend when the offense occurred ivis. Drum requested 1 contact this fiiend and any other person l ieei wiil help this case On February l3, 1999, I interviewed the victim in this case, Mrs. Golden Robinson, at her residence. Robinson lives at 18246 FM 317, Chandler, Texas. I observed Mrs. Robinson to be an older black female She did not seem to be in the best of health. She seemed to spend most of her time in a wheelchair and When she did get up to walk she had to use a cane I began my interview with simple conversation Robinson participated in the conversation very well. Robinson told me about the day she was robbed She related the same story as She related in her statement to the police Robinson said she has known Willie Beasley for 6 or 7 years. She said she knows Willie has been in the penitentiary but did not lmow Why. Robinson said she has no doubt that Willie B_easley is the person who assaulted and robbed her. Robinson said Willie Beasley knew that she kept her money inside her clothes She said Willie Beasley has seen her put money in the purse, which she kept pinned inside her bosom area. Robinson said she did not call the police She did not know who called the police Robinson said she thought'Willie’s wife, Melissa, called the police to report the crime. Robinson Said she thought Willie had also took some money from his wife, Melissa. Robinson said She did not call the police that day. l observed Mrs. Robinson to be very alert and sane She gave me no indication of any type of mental problems she may have On February l3', 1999, l contacted Melissa Beasley at her place of employment I talked to Melissa about her statement she gave to the police She verified the information in the statement she gave to the police on the day of the offense. Melissa said she was in full support of her husband She said she just could not believe Willie committed this crime Melissa told me Willie did not steal money from her on that day, she said he asked for. some and she gave it to him. Melissa said She did not think her husband had a drug problem or an alcohol problem 10f3 Melissa said she did not call the police on the day of the offense. Melissa said she thought Mrs. Robinson's sister-in-law, ala Mae Stewart reported the crime to the police about five minutes after the offense occurred. On Febi'ii§fy l4“ 1999 I interviewed Tracy Sowles by telephone. He did remember the day 111 question very well Tracy said he contacted Willie Beasley by phone at Willie' s job at approximately 8:45 AM. Tracy said he only spoke briefly with Willie and inquired about a small loan. Tracy said at approximately 4:45 PM he called Willie's house. Tracy said he did not get an answer so he called Willie's pager (#903-525-5031) trying to make contact. Tracy said in ` approximately five minutes Willie returned his call. Tracy said when he was talking with Willie he could hear a television in the background and assumed that Willie was at home. Tracy said he l again inquired about a small loan and Willie agreed Tracy said he asked Willie to meet him at "F at Dogs" liquor store on State Hwy 155 in Coffee City. Tracy said he told Willie he (Tracy) had to go to this location to pickup a friend and give him a ride to Tyler. Tracy said he thinks Willie met him at this store sometime between 5:00 PM and 5:15 PM. Tracy said if Willie traveled on an oil top road through Coffee City, it would have only taken him 10 or 15 minutes to get from his residence to F at Dogs Liquor Store. Tracy said when he contacted Willie at the store, Willie was in a very cheerful mood and indicated that he was going back horne and spend time with his family Tracy said Willie stayed for only 3 or 4 minutes and then left Tracy said he also left with his friend named David Johnston, who now lives Somewhere in Dallas Tracy said he went home to check on his children and arrived there at approximately 5: 25 PM. Tracy said he lives only a few minutes drive from Fat Dogs Liquor Store Tracy said he then left his house with his hiend and went to Tyler. Tracy said he dropped his friend off at approximately 5: 55 or 6: 00 PM at the Oakwood Apartments located on Loop 323. Tracy said he then paid Some bills and ate a Big Mac and arrived back home at approximately 7: 00 to 7: 30 PM. Tracy said he called Willie' s house and was told by Melissa that Willie had been arrested Tracy said he was very shocked with this news. Tracy said he did not think Willie had a drug or alcohol problem, Tracy'said Willie's wife, Melissa, is his niece.. _ As instructed I located the pay phone at Turn Forks Liquor Store. The number was not available on this phone but there was a sign posted above indicating the owner of the pay phone The owner was posted as Swin- Tel. lnc. (903) 854- 2237 1 also spoke with the owner of this liquor stoie He indicated to me that he would probably allow someone to use the store if he knew him or her. The store phone number is (903) 852-6153 and the store address is 6947 FM 314. I also went to Tip Top Liquor Store located north of Turn Forks on FM 315 approximately 1/2 mile There was a pay phone at this location with the same ownership sign as the one mentioned above, The Tip Top Liquor Store' s phone number is (903) 852- 7490 l spoke with an employee, Robert Harmon. Harinon told me he knew Willie Beasley but did not know anything about the offense in question He said he had heard a rumor about it. As instructed 1 also measured the mileage from Willie's house to Fat Dogs Liq`uor Store. From the Victim's house to Turn Forks Liquor I measured 6.7 miles. From Tum Fork's, north on FM 315 to Hwy 31 l measured 12.7 miles. From the intersection of Hwy 31 and FM 315 to Fat Dogs l measured approximately 19 miles. If Willie used this route from his residence to F at Dogs he would have traveled approximately 38.4 miles. 20113 As instructed 1 also ran a computer search on Eddie Pace to locate an address for him. l located an Eddie Roy Pace, RT.l Box 210, LaRue, Texas 75770, TX DL#010253166, DOB 1-20-70, B/M, 5'11" tall, 275 pounds, black hair and black eyes. This was the only Eddie Pace who had an address in this area. Subscribed on this 7th day of J anuary, 2005 ‘\. _ fg."~._“_,\`,¢__` 11\_ WLVM (L___w 7 ' Notary Publicj DoNNAJoHNsoN Nowry Pubuc sTAnE 01-' TEXAS 3of3 Cause No. A~9l92 AFFIDAVIT 1 5 1114/553 STATE OF TEXAS} _.7: COUNTY OF SMITH} BEFORE ME, the under signed authority on this day the 3rd day of January, 2006 personally appeared Tom Perdue, who is known to be the person whose'name is subscribed to the foregoing instrument and acknowledge to that the executed the same for the purpose and considered therein expressed: My name is Tom Perdue; I am over twenty-one years old and of sound mind, capable of making this affidavit, and__personally acquainted with the facts herein stated. On the 8th day of March 1999, while waiting in the lobby of _ the Henderson County Courthouse l observed Det. Kay Langford fleeing from Judge Carter Terrance's Courtroom. Det. Kay Langford was the Chief Investigator in the case against Willie ‘Donnell Beasley. I was standing in the lobby talking with another Potential witness for Willie I.E. Melissa Ann. Beasley, when this officer emerged from the Courtroom with a Vanilla Folder clenched to her chest fleeing from the Courtroom, also I have personnel knowledge that my friend Willie Donnell Beasley, was very dissatisfied with his attorney Teresa A. Drum in her performance before trial started. ' lt is also to my understanding that both Willie Beasley and his Attorney Teresa A. Drum, requested the Court to allow Beasley's Attorney to withdraw citing possible conflict of interest The Court refused to allow Willie Donnell Beasley to dismiss his Attorney and appoint another ` attorney to represent him on his case. , This affidavit is being made freely and voluntarily. I understand that any and all false statements in this affidavit will subject me to penalties of perjury. l declare (or certify, verify or/state) under 57 penalty of perjury that the foregoing is true and correct on this the 3rd day of January, 2006. . QZWUM Torn Perdue 3449 Iberville Dr. Tyler, Tx. 75701 FURTHER, affiant sayeth not. STATE OF TEXAS} __.,_..*GOU__N_'P_Y_“GF_.S.MI.T.H.}._.__~..._......,-__.__.._ -…,__-» ..……...,.s... .… '_ v.,..._.v,,_.,._.__,_._..._____._,__....__._...-_... .,_'__., ,. .… _ . _, “,_._ .,_ This instrument was acknowledged before me on the 3rd day of January, 2006 by Tom Perdue. '- --\.. -;.< :¢..- c a<'»wv<:~ ' ` ; x1131-fnl C. KING Notaiy Put:&c S‘!`ATE O¥ TEXAS ,;,>,» ifrcmm. Exp &%-2007 `, `.:\ CAUSE NUMBER: A-QlQZ ExPARTE § IN ran 173rd JUDICIAL j § nrsTRIcT coURT or erLrE DoNNELL BEASLEY § HENDERSON coUNTY TEXAS AFFInAvIT 4 J»