^3,077-0' wm 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 X, vx, tjit TJX e Total Prior Inactive Service X f Foreign Service TJir Titr "tTLT % g Sea Service "inr TJD- iiur h Effective Date of Pay Grade "7JT -JTJN" vx 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 v X, X' ..- X„ - , ', - *v *x *XX 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 'JiTsT [^HILPlRSAjPVBYD£R' 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, <. 't l«, N,0NE**..^--'^« ^ - ERV1CE baFormi214,,texasbar.com 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 4F- /CJ I $~&-OZU- (styes i - i p j _; - c it u i c e - ' r r i *& A ^prtified^S^TExpr^^lSiT D Registered I Return Receipt for Merchandise D Insured Mail • C.O.D, 4. Restricted Delivery? (Beta Fee) D Yes 2. Article Number (Transfer from service label) 7Q13 Eb3D DDD1 1^53 DUO | J _ PS Form 3811, February 2004 Domestic Return Receipt '_—•