Kaizer, Randy

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IN THE COURT OF CRIMINAL APPEALS AUG 0? 2015
WR 83,127-01 Ca.No.lO-CR-2388A
EX PARTA §
IN THE 28th DISTRI
RANDY J.KAIZER §
COURT OF NUECES
Applicant
COUNTY,TEXAS MOTOOINI DEEDED
§ DATE: ounsel or State failed
to aknowledge this claim thereby ,failing to deveople all the
facts order by this court.
XII

The Habeas court in their "Supplemental Findings,Conclusion,
and Recommendation",has adopted the Starts findings without con
ducting it's own hearing.lt is well known that the practice of
the Habeas Court is to adopt the State's findings,as it did here.
Without a proper hearing the Applicant is not afforded a fair
hearing in accords with the Texas and United States Constitution.
Applicant's right of due process of law have been violated in the
coarse of the hearing at the habeas court level.
This Court once order the habeas court that additional facts
were needed.Though the habeas court adopted the State's findings
and trial counsel's affidavit,these Statements were inadequate to
comply with this court instructions,and the habeas court recomme
ndation should not be considered.Applicant suggest for tjis.Court
to take it's own initiative and order an evidentiary hearing be
held to develope the facts needed so this Court could decide that

(.8)
...the Applicant be recommended for a new trial.

CONCLUSION AND PRAYER

For the foregoing reason,the Applicant respectfully suggest
to this Court to findrthe habeas court did not complywith this -n
Court's instructions;2$further expansion of the record ,by an
evidentiary hearing,is needed to afford the Applicant with a full
and fair hearing,3)the summeries of trial counsel and the State
are inadequate to develope the facts needed to fullfill a proper
record that would be sufficient to let this Court make a fair
decision.

Therefore the Applicant suggest that this Court deny the
habeas court recommendation.

Respectfully Submitted,

RAWDY J.KAIZER #1730604

C.T.TERRELL UNIT

1300~FM 655

ROSHARON,TEXAS 77583

(9)
 Unsworn Declaration

I,RANDY J.KAIZER,DO HEREBY DECLARE UNDER THE PENALTY OF PERJURY
THAT THE FOREGOING SUGGESTION TO DENY TRIAL COURTS RECOMMONDATION
IS TRUE AND CORRECT.

EXCUTED ON:(J)Y^r/^ RANDY KAIZER

CERTIFICATE OF SERVICE
I,RANDY J. KAIZER DO CERTIFY THAT A TRUE AND CORRECT COPY OF THE
FOREGOING SUGGESTION TO DENY TRIAL COURTS RECOMMONDATION WAS
PLACED IN THE PRISON MAIL BOX WITH PRE PAID POSTAGE ON THIS
DAY OF JULY,2015-

EXCUTED ON :Ot/\iS«Al RAN R #1730604
C.T.Terrell Unit
1300 FM 655
Rosharon,Texas 77583

(10)
EXHIBIT A.
 Gregory-Portland Independent School District
Gregory-Portland Junior High School

Marye Lou Landrum Xavier Barrera Ross A. Wilmeth
Assistant Principal Principal Assistant Principal

Wednesday, February 2, 2011

Luis P. Garcia, ESQ.
500 N. Water St., Suite 510
Corpus Christi, Texas 78401

Dear Mr. Garcia:

As an item of information, Victoria Medrano is no longer a student at Gregory-Portland Junior High
School. She is now in grade 9 and all of her records were transferred from this campus to Gregory-
Portland High School at the end of the school year last year. What is enclosed is what we have available
at this time. Please feel free to contact me should you have any questions.

Thank you.

rer Barrera
XaYier
'Principal

4600 Wildcat Drive Portland,Texas78374 • 361/643-2552 'Fax361/643-3187
"An Equal Opportunity Employer"
 State of Texas
County of San Patricio

My name is Xavier Barrera. I am the Principal of Gregory-Portland Junior High School in the
Gregory-Portland Independent School District, and am the official custodian of student records
at that school campus. On this the 2nd day ofFebruary, 2011,1 hereby certify the attached
documents are t^ue, exact, complete, and unaltered photocopies of the studentrecords of Victoria
MedrsuioiTareyB.: 08/24/96).

sy$0tf—
Xavier Barrera
/

Sworn to and subscribed before me onthe cZ. day of February, 2011.

Notary Public, State of Texas

(SEAL)

sss^^^ssssssss^ssss
PrintName: M Child List

Children

Modify Existing

[ Print Child's Registration Form ]

Required Fields Last Modified by:

Personal Info Site Info Tuition Info Pick-Up Info and Special Needs

Personal Information

* Date of Birth :08/24/1996

* Sex Female -

* Child's First Name Victoria

* Child's Last Name ; Medrano

Parent/Guardian Maria Medrano

Currently (5)! 5
* Grade
or

* School ". Wilson

*Child"s Physician Attending physician

*Physician Address 3435 S. Alameda

*Physician City Corpus Christi

*Physician State Texas

*Physician Phone 361-694-5000

Latchkey After School Information
City of Corpus Christi - Park apA Recreation Department - Latchkey Page 2 of4

* Latchkey Site Wilson
-

Is child currently attending? \ Yes ? No

Last Day Attended

Vacation Station Information
.•:"'
Vacation Station Site

Days Attending
• November 23 • December 20 EH December 28

• November 24 • December 21 • December 29

Ej December 18 • December 22 E3 January 01

• December 19 H December 27 • January 02

Summer Latchkey Information

Summer Site

Weeks Attending
• June 14 • July 05 • July 26

• June 21 m July 12 0 August 02

• June 28 ED July 19

Off Campus Field Trips O Yes (?) No

Off Campus Water Activities O Yes (?) No

Field Trip Transportation v
No
(Bus) Yes

Tuition Information

* Tuition Type Full
-

Caseworker Select or

TWC amount 0.0000
(Use "0" for "npf)
City of Corpus Christi - Park zpa Recreation Department - Latchkey Page 3 of4

TWC Auth/Term #

TWC Notified Date

TWC Original Begin Date

TWC Begin Date

TWC End Date

Days Authorized Select or

TWC Termination Number

TWC Comments

Delmar Begin Date

Delmar End Date

Scholarship Number

Pick-up List

Pickup Names Phone

Maria Medrano 361-980-0365

Special Needs
City of Corpus Christi - Park arJ Recreation Department - Latchkey Page 4 of 4
( (

\ Modify Child |
City of Corpus Christi - Park ar J Recreation Department - Latchkey Page 1 of2

Loa-Out
Main Menu
City of Corpus Christi
Account Search
Parks and Recreation Department
Latchkey

Transactions

Listing

Parent's Name Maria Medrano (1141)

Child's Name School Attending
Victoria Medrano Wilson

Account Balance: $0.00

Transaction History (all)

Date Amount

04/30/2007 ($89.00)

04/25/2007 $89.00

04/02/2007 ($89.00)

03/25/2007 $89.00

03/01/2007 ($89.00)

02/25/2007 $89.00

02/02/2007 ($89.00)

01/25/2007 $89.00

01/09/2007 ($77.00)

01/03/2007 $77.00

11/30/2006 ($77.00)

11/25/2006 $77.00

11/02/2006 ($77.00)

10/25/2006 $77.00

09/29/2006 ($89.00)

09/25/2006 $89.00
City of Corpus Christi - Park zrA RecreationDepartment - Latchkey Page 2 of 2
. i f ! (

09/01/2006 ($116.00)

08/25/2006 $89.00

08/14/2006 ($50.00)

08/14/2006 $77.00

04/27/2006 ($50.00)

04/25/2006 $50.00

04/03/2006 ($50.00)

03/25/2006 $50.00

03/02/2006 ($50.00)

02/25/2006 $50.00

02/07/2006 ($70.00)

02/06/2006 $20.00

01/25/2006 $50.00

01/09/2006 ($50.00)

12/25/2005 $50.00

12/05/2005 ($50.00)

11/28/2005 $50.00

11/01/2005 ($50.00)

10/24/2005 $50.00

10/03/2005 ($50.00)

09/27/2005 $50.00

09/02/2005 ($50.00)

08/30/2005 $50.00

08/18/2005 ($50.00)

08/18/2005 $50.00
EXHIBIT B.

.s~
Usf-W t'^f f
0 rib, ,v «, 2 DEPARTMENT COMPONENT AND BRANCH 3 SOCIAL SECURITY NO
KAI4ER-, RANDY,JOHN JOSEPH USN-NAVY 43£s |%? \tf3H
4 a GRADE. RATE OR RANK 4.b "PAY^GRADE 5 DATE OF BIRTH (YYMMDD) 6 RESERVE OBJ TEB DATE
HM3 r : >' ' ' . - E4 LbAPtfUL Mont1in Day'
7 a PLACE OF ENTRY INTO ACTIVE DUTY 7 b HOME OF RECORD AT TIME OF ENTRY (City and state or complete
address if known) T^-,7 SYCAMORE PINES !<]>
- ilEPS NEul ORLEANS
CARRIERE ("IS Bltbt,
8 a LAST DUTY ASSIGNMENT AND MAJOR COMMAND 8 b STATION WHERE SEPARATED

NAVAL HOSPITAL GUAM PEKSUPP J>ET NAVAL STATION
9 COMMAND TO WHICH TRANSFERRED 10 SGLI COVERAGE IL I None
NAVAL RESERVE PERSONNEL CENTER N£U ORLEANS LA Amount sLUU-ilJLljir.ULj
11 PRIMARY SPECIALTY (Lot number, title and years and months in 12 RECORD OF SERVICE Year(s) Month(s) Day(s)
specialty Listadditional specialty numbers and titles involving a Date Entered AD This Period 6lar- TTOT TJ5
periods of one or mat* years) ITT
b Separation Date This Period TTAir
Hfl - GDrjO/QDDD TJ5- TJS- TJtT"
c Net Active Service This Period
X, X, XX, -onr -tjtx irtr
d Total Prior Active Service
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X f Foreign Service TJir Titr "tTLT
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h Effective Date of Pay Grade "7JT -JTJN"
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13 DECORATIONS MEDALS. BADGES. CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED1 (All perods of service)
COOD CONDUCT SERVICE ilEDAL (1ST)-, NATIONAL DEFENSE SERVICE I.CDAL UST)-.
OVERSEAS SERVICE RIBtON (1ST)-. IIAKKSflAN HlbAE RIBBON (1ST).
X,
14 MILITARY EDUCATION (Course title, number of weeks and month and year completed)
HI! SCHOOL-, 1QWKS-, i)7riAR-
X„ Xu X, % 'x,X.

Yes
16 DAYS ACCRUED LEAVE PAID
15 D HICH SCHOOL GRAOUflE OR
IS a MEMBER CONTRIBUTED TO POST VICTNAM ERA
XX EQUIVALENT XX
VETERANS EOUCATIOUAL
EDUCATIOMAL ASSISTANCE PRUliKAM
PROGRAM "" | "• I I i .
„ •JCU«.IM,« -OWtte, C^mnt DENTAL EXAM.NAnON AND ALL APPROPRIATE DENTAL SERVICES AND TREATMENT WITHIN ,0 DAVS PRIOR TO SEPARATION! E3
'"eS^TME^T'OR^-CTWE SERVICE'" TERM EXTENDED FROM m NONTH^ON^U N0V;0^
' IXT^NSiIn OF SERVICERS At THE REflUEST AND FOR JrlE CONVENIENCE Or THE<
GOVERNMENT- , ' - „ y x
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19b NEAREST RELATIVE (Name and'address%- inc/ude.Zip.Code)
"19 a MAILING.ADDRESS AFTER SEPARATION (Include Zip Code)
RICHARD L- KAIZER
3M3 JOHNSON ^RD- | •- - '- ' lODDfl ADAMS ST BAY ST LOUIS MS 3^57b
ASAtrfA HTS'^UAfl ^b^ RTSED TO^SIGN (Typed name grade.'tttle and
j^wrBEBg&BKfesTscgrr DIR. OFVFT AFFAIRS K

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SPtaALrADDITIONAL-'INFORMATION (For, use by.authomed agencies onlyVx
24 CHARACTER OF SERVICE (Include;upgrades)
23 TYPE OF KM«MWM<4 LE"A'jS EV' I- K0 PI/ AL I 1 y L
DUTY A!ND ^R'AN'St&RRED TO NAVAL^RESERVE HONORABLE
26 SEPARATION CODE
25 SEPARATIOBAUTHOMTV " ' H
' MILRERSfflAN 3fc.gD15Dl.ie lb'k
f SOTS?, "tm*klW?™^- ««*• *H» T.ANSr-F. TO NAVAL RESER.VE
29.DATES OF TB*E LOST^DURWG ,T](«S' PtWOU, <.
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EXHIBIT D.
 CAUSE NO: 10-CR-2388 A

EX PARTE RANDY KAIZER V IN THE 28th JUDICIAL DISTRICT
APPLICANT
V
V.
£ COURT OF
c
THE STATE OF TEXAS c NUECES COUNTY, TEXAS

CONTROVERTED/ PREVIOUSLY UNR:ESOVLVED FACTS:
INTERROGATORY QUESTION TO ATTORNEY LUES- GRACIA

I. WHETHER TRIAL COUNSEL, LUIS GARCIA MADE AN ADEQUATE INVESTIGATION
OF THE FACTS AND CIRCUMSTANCE OF THE CASE.

1. MR. GARCIA/ IN YOUR INVESTIGATION/ OR INTERVIEW OF THE STATE
WITNESSES/ WHAT DID YOU DISCOVER? YOU INFERRED THAT DETECTIVE
MOSS DID WOT ADEQUATELY INVESTIGATE THIS CASE.(SEE 2 RR 34-55,
61-62) DID YOU INVESTIGATE/ MARIA MEDRANO'S WORK HISTORY/ VICTORIA
MEDRANO'S SCHOOL RECORDS/ MEDICAL RECORDS/ INTERVIEW HER FRIENDS
AND SCHOOL TEACHERS AND COUNSELORS? IF SO, WHAT DID YOU DISCOVER?
IF NOT, WHY?

2- WHAT WAS YOUR TRIAL STRATEGY FOR NOT PRESENTING THE EVIDENCE OF
MAIRA MEDRANO'S WORK HISTORY/ RANDY KAIZER'S WORK HISTORY'A.ANDvTHE
SCHOOL RECORDS TO THE JURY TO SUPPORT YOUR THEORY THAT NO WINDOW
OF OPPORTUNITY EXISTED FOR A CONTINUOUS SEXUAL ABUSE? IN RETRO
SPECT, SO YOU THINK/ THAT CREATING A TIME LINE CHART FOR THE JURY,
WITH THE USE OF MARIA'S WORK SCHEDULE SHEETS AND RANDY'S WORK
HISTORY AND SCHOOL RECORDS AS A VISIUAL GRAPH TO CHALLENGE THE
STATE'S "ON OR ABOUT" ELEMENT OF COUNTS 1/2,3,4/ OF THE INDICT
MENT COULD HAVE CASTED DOUBT ON THE STATES CASE/ AND WOULD IT NOT
HAVE SUPPORTED YOUR TRIAL STRATEGY BY PRESENTING EVIDENCE TO THE
JURY TO CAST DOUBT ON THE VICTIMS UNCORROBORATED TESTIMONY.
3. MR. GRACIA/ IN YOUR INVESTIGATION HOW MANY TIMES DID YOU CONSULT
•-. WITH YOUR- CLIENT? IN THAT CONSULTATION WITH YOUR CLIENT HE PROVIDE
 YOU WITH AN ALIBI STATEMENT.(SEE AFFIDAVIT) IN WHICH HE NAMED

JOHN MEDRANO AS THE ACTUAL PERPETRATOR..

4. MR.GSRCIA, WHAT INVESTIGATION DID YOU DO AS TO YOUR CLIENT'S

VERSION OF EVENTS? DID YOU INTERVIEW JOHN MEDRANO. IF N^T, : WHY?

WHAT WAS YOUR TRIAL STRATEGY FOR NOT INTRODUCING A THIRD PARTY

PERPETRATOR? IN RETROSPECT/ DO YOU THINK YOU SHOULD HAVE CALLED

JOHN MEDRANO AS A WITNESS TO CONFRONT HIM WITH YOUR CLIENT'S

STATEMENT? IF NOT, WHY?

5. MR. OSRCIA, WHAT WAS YOUR TRIAL STRATEGY FOR VIOR DIRING POTENTIAL

JURORS AS TO YOUR CLIENT NOT TESTIFYING?(SEE 1 RR 62-198) YOUR

CLIENT STATED HE DTD WiANT TO .TESTIFY AND PRESENT HIS ALIBI STATE

MENT AND HIS VERSION OF EVENTS. WHAT WAS YOUR TRIAL STRATEGY FOR

PROCEEDING WITH THE TRIAL WITHOUT THE DEFENDANTS TESTIMONY? WHY?

6. MR GSRCIA, DID YOU INTERVIEW THE CHARACTER WITNESSES YOUR CLIENT

PROVIDED YOU?( SEE EXHIBITS) OF HIS EX-WIFE VICtfl NORMA)^ JOE
GONZALES/ JAMES FINNAGAN? IF NOT, WHY? WHAT WAS YOUR TRIAL STRATEGY

FOR NOT CALLING THEM AS CHARACTER WITNESSES? IN.RETROSPECT, DO

YOU THINK THAT HAVING THESE CHARACTER WITNESSES TESTIFY ON BEHALF

OF YOUR CLIENT COULD HAVE GIVEN THE JURY PROBATIVE EVIDENCE IN

THEIR ASSESSMENT OF GUILT/INNOCENCE AND OR AT PUNISHMENT?

II. WHETHER TRIAL.COUNSEL, LUIS G&RCIA, MADE AN UNSOUND TRIAL STRATEGY

BY FAILING TO PRESENT A THIRD PARTY PERPETRATOR, AND FAILING TO

CALL THE DEFENDANT. TO TESTIFY TO PRESENT HIS VERSION OF THE EVENTS

TO SHOW HIS INNOCENCE.

1. MR. GSRCIA, WHAT WAS YOUR REASONING FOR NOT DEVELOPING YOUR CLIENT

VERSION OF EVENTS BY CALLING HIM TO TESTIFY? WHAT WAS YOUR REASON

ING FOR NOT DEVELOPING THIS STRATEGY?

2. WHAT WAS YOUR REASONING FOR NOT CALLING JOHN MEDRANO AS A WITNESS

TO CONFRONT HIM WITH YOUR CLIENT'S ALIBI STATEMENT?

2.
 3. WHAT WAS YOUR REASONING FOR NOT CALLING VIC§(l NORMA(/AS A CHARACTER
WITNESS? WHAT WAS YOUR STRATEGY ?

4 WHAT WAS YOUR RESONING FOR NOT CALLING JOE GONZALES AS A CHARACTER

WITNESS? WHAT WAS YOUR STRATEGY?

5. WHAT WAS YOUR RESONING FOR NOT CALLING JAMES FINNAGAN AS A CHARA

CTER WITNESS? WHAT WAS YOUR STRATEGY?

6. IN RETROSPECT/ DO YOU THINK THE PRESENTATION OF YOUR CLIENT'S

VERSION OF EVENTS WOULD HAVE BEEN REASONABLE FOR THE JURY'S

DETERMINATION OF YOUR CLIENTS GUIr-T/INNOCENE ?

7. IN RETROSPECT, DO YOU THINK THE PRESENTATION OF JOHN MEDRANO'.

BEING THE ACTUAL PERPETRATOR WOULD HAVE BEEN REASONABLE FOR THE

JURY'S DETERMINATION OF YOUR CLIENTS GUILT/INNOCENCE?

8- IN RETROSPECT/ DO YOU THINK, THE PRESENTATION OF THE THREE

CHARACTER WITNESS WOULD HAVE BEEN REASONABLE FOR THE JURY'S

DETERMINATION OF YOUR CLIENTS GUILT/INNOCENCE OR AT THE PUNISHMENT

PHASE OF THE TRIAL?
y .

III. WHETHER TRIAL COUNSEL/ LUIS GARCIA FAILED TO SUBJECT THE STATE'S

WITNESS/ TO AN ADVERSARILY CROSS-EXAMINATION AND PRESENT EVIDENCE

TO SUPPORT HIS TRIAL STRATEGY?

1. WHAT EVIDENCE DID YOU DISCOVER AFTER YOUR INVESTIGATION AND INTER

VIEW OF VICTORIA MEDRANO? IF YOU DID NOT INVESTIGATE OR INTERVIEW

HER, WHY NOT?

2. WHAT REASONING DID YOU EMPLOY IN THE DEVELOPMENT OF YOUR TRIAL

STRATEGY FOR THE CROSS-EXAMINATION OF THE VICTIMS INCONSISTANT

STATEMENT GIVEN TO DETECTIVE MOSS, RICARDO JIMENEZ AS TO THE

ALLEGED SEXUAL ABUSE AND HER TRIAL TESTIMONY?

3. WHAT WAS YOUR REASONING FOR NOT CROSS-EXAMINING THE VICTIM AS TO

THE DEFENDANTS VERSION OF EVENTS NAMING JOHN MEDRANO AS THE ACTUAL

3.
 PERPETRATOR?

4. WHAT WAS YOUR REASONING FOR NOT CROSS-EXAMINANING VICTORIA MEDRANO

AS TO THE ALLEGATION (SEE AFFIDAVIT) THAT SHE WOULD DISPLACE THE

BLAME, IF THE DEFENDANT TOLD HER MOTHER, MARIA MEDRANO?

5- IN RETROSPECT, DO YOU THINK, YOUR CROSS-EXAMINATION OF THE SOLE

EYE WITNESS AS TO THE ALLEGE SEXUAL ASSAULT THAT.OCCURED ONCE A

WEEK FOR 53 WEEKS(SEE 2RR 37) WAS SUPPORTED WITH EVIDENCE THAT

WAS AVAIABLE TO YOU SUCH AS WORK SCHDULES AND SCHOOL RECORDS,

AND MEDICAL RECORDS TO SHOW A TIME LINE THAT NO WINDOW OF

OPPORTUNITY EXISTED?

6. WHAT REASONING DID YOU EMPLOY IN THE CROSS-EXAMINATION OF THE

STATE WITNESS TO DEMONSTRATE THE VICTIMS UNCORROBORATED TESTIMONY

LACKED EVIDENCE OF PHYSICAL AND EMOTIONAL TRAMA? IN RETROSPECT

DO YOU THINK, THAT DR. GARCIA TESTIMONY WAS SUFFICIENT TO SUPPORT *.

YOUR TRIAL STRATEGY?

THE COURT ORDERS THAT ATTORNEY LUIS: GARCIA SHOULD GIVE ANSWER TO ,

BY AFFIDAVIT OR AT AN EVIDENTIARY HEARING TO THE FOLLOWING QUESTIONS

TO RESOVLE APPICANT'S CONTROVERT, PREVIOUSLY UNRESOVLVED FACTS, AND

THE RESOVLATION OF THE DESIGNATED ISSUES.

SIGNED ON:

PRESIDING JUDGE
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