Pate, Chadrick B

SWORN STATEMENT sUPPLEMEP~IT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS cORPUS FILED 5/19/2015 AND 6/2/2015 PROCEEDINGS IN WR-78,-165-02 cHADRICK B. PATE ADDING swoRN sTATEMENT PURSUANT T0 APPELLATE RULES 52.7 (a)(l) and (2) TABLE OF CONTENTS TABLE ()F CONTENTS COVER SHEET SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015 PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE ADDlNG SWORN STATEMENT PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2) INTRODUCTION PAGE 1& 2 SWORN STATEMENT PAGE 3 CERTIFICATE OF SERVICE PAGE 4 RE©EWEI GB\§ ©©URT OF GRHVI|NAL APPEALS .]UN 1 '7 2015 A@@“A©@Si@,©n@vk IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRI'I` NO. WR-78,165-02 SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015 PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE ADDING SWORN STATEMENT PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2) COVER SHEET IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIO¥>NER PRO SE '>LILMA,.B.ARDLN P.O. BOX§ 772 AUSTIN, TEXAS 78767 if£"-~M‘r'idl’i’ F‘F' bardinnemna@yahoo.com EX PAR'.I`]E FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAl APPLICANT REALTOR DISTRICT ARANSAS COUNTY., TEXAS VfS. LANNA‘K. WHATFJ.X TRI.A.L»IUDGE STATE CB}F TEXAS DIREC'I`O)R OF TEXAS DEPT. C"R!‘Ntl'l§lh‘i£ J’US’H’CE`" SWORN STATEMENT SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015 PROCEEDINGS IN WR-78,-l65-02 CHADRICK B. PATE -ADDING SWORN STATEMENT PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2) TO THE H() NORABLE JUDGE OF SAID COURT: Now Comes, Petitioner Nema Bardin pro se on behalf of Agplicant Chadrick B. Pate and respectfully submits this 'S\upplement to the previously filed Original and Amended Emergency Writs of Habeas Corpus flling;s; in WR-78,165-02 Chadrick B. Pate, filed on 5/19/2015 and 6/2/2015. I'he Sugr_)lem.¢e'nt is brought to add this SWORN STATEMENT pursuant to AQQellate Rules Rule 52.7 (a) Filing by lRelator Required. Relator must file With the petition (l) a certified or sworn copy of every docum\e:nt that is material to the relator's claim for relief and that was filed in any underlying 1. proceeding: and (2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was had. (b) Supplementati¢on Permitted. After the record is iiled, relator or any party to the proceeding may tile additional materials for inclusion in the record and (c)(2) Services of Record on All Parties. Relator and amy _party who files materials for inclusion in the record must at the same time serve on each party an index listing the materials filed and describing them in suHicient detail to identify them. (' ba,d’n”‘ma€)/Qhoa afl IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BARDIN P.O. BOX '772 AUSTIN, TEXAS 78767 512-487-01'97 bardinnem.a@yahoo.com swoRN sTATEMENT PURSUANT To APPELLATE RULES 52.7 (a)(i) and (2) COUNTY of ']I`RAVIS STATE OF TEXAS I Nema Bar'din am the Petitioner in the above described proceedings and I swear upon penalty of perjury that each and every document that has been filed as proof of the claims in these proceedings whether they are letters, documents, exhibits affidavits or any other paper filed are either an original or true copy of sulch papers, and that every transcript is authentic and each and every paper was obtained from the trial c:ourt, The Appellate Record (through Pacer) or the fenner Defense and or former l:laheas attorneys Ejns. SWORN ANDl ATTESTED TO TO THIS l$TH DAY OF JUNE, 2015. ""“nn,,'., MARK LEHMAN L\TTRELL v §". *" ,*§ Notar`y Public, State of Texas ‘.;;; _,i¢_:-` My Commlssion Expires "';é°’"“. ` SEPTEMBER 20, 2017 -- ,`,`i CERTIFICATE OF SERVICE SWORN STATEMENT l do hereby cerrtify that a true original or copy of the above and foregoing SWORN STATEMENT that is a “Supplem.ent To Previously filed Original Habeas Corpus Proceedings in WR-78,165-02 were mailed re gular mail with the proper postage affixed on 15th day of June 2015 to the following parties, Office of the Aransas County District Attomey 301 North Live Oak Street Rockport, Texas 783 82 Jana K. Whately Trial Judge P O Box 700 Sinton, Texas 78797 Texas Department of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14th Street 5th Floor Price Daniel Bldg. Austin, Texas 78701 512-463-9988 The Texas Court of Criminal Appeals Clerk 201 West 14th Street, Austin Texas 78701 i P titioner IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SUPPLEBV[ENT TO ORIGINAL AND AMENDED EMERQENCY WRITS OF HABEAS CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015 M__ASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,165-02 TABLE OF CONTENTS TABLE OF CONTENTS _CQ_\_’_EK_S_I_I_E_EI_ SUPPLEl\\/IENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015 _M__A;!iSTER INDEX OF ALL MATERIALS FILED IN CAUSE wB-78,165-02 EXPLANATION OF SUPPLEMENT PAGE 1 MASTER INDEX PAGE 2 &3 CERTIFICATE OF SERVICE PAGE IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SUPPLEI‘VIENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015 _M_ASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,165-02 _QQLE_B_S_H_LE_I IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMABA_RDIN P.O. BOX 772 AUSTIN, TEXAS 78767 512-487-01 97 bardinnemia@yahoo.com EX PART]E FROM CAUSE NO. A-08-5080-4CR CHADRICFK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS.. JANNA K`.. WI~IATELY TRIAL JUDGE STATE OlF TEXAS DIRECTOBR OF TEXAS DEPT. CRIMINA\L JUSTICE S___UPPLElS/IE__N________________________________________T TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY HABS EAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE adding MASTER INDEX TO TI~IE~HONORABLE JUDGE OF SAID COURT:' Now Comes, Petitioner Nema Bardin pro se on behalf of Applicant Chadrick B. Pate and respectfully submits this supplement to the previously filed Original and Amended Emergency Habeas Corpus filings in WR.-78,165-02 Chadrick B. Pate. The supplement is brought to add a MASTER INDEX listing the materials filed and describing them in suflicient detail to identify them as per Appellate Rule 52.7 (b) Supplementation Permitted. After the record is filed, relator or any party to the proceeding may file additional materials f`or inclusion in the record and (c)'(Z) Services of Record on All Parties. Relator and any party who files materials for inclusion in the record must at the same time serve on each party an index listing the materials filed and describing them in sufficie4nt detail to identify them. IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SUPPLEBVIENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/201_5_ M_AASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,l65-02 FILED 5/19/2 015 ORIGINAL W’RIT OF HABEAS CORPUS WITH LETTER and 24 EXHIBITS WITH COVER SHEETS THAT DESCRIBE THE EXHIBTS FILED 6/2/201'15 (1) AMENDED EMERGENCY WRIT OF HABEAS CORPUS WITH LETTER TO CLERK AND COVER SHE]ETS OF EXHIBITS DESCRIB!NG THE EXHIBITS PREVIOUSLY FILED IN THE 5/19/2015 PR¢OCEEDINGS. (2) EMERGENCY MOTION FOR RELIEF REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDLATE. RELIEF PURSUANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEA;S CORPUS WRIT. FILED 6/9/20115 (1) EMERGENCY MOTION FOR “LEAVE TO FILE” (2) SUPPLEMIENT TO PREVIOUSLY FILED ORIGINAL AND AMENDED WRITS OF HABEAS CO'RPUS PROCEEDINGS FILED ON 5/19/2015 AND 6/2/2015 IN WR-78,l65-02 ADDING PA]lRTIES TO THE PROCEEDINGS (3)SUPPLEM.'ENT A PROPERLY SIGNED AND DATED CERTIFICATE OF SERVICE IN 2. IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CERTIFICIATE OF SERVICE [ do hereby certify that a true copy of the above and foregoing ; SUPPLEl\»/IENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015 MASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78 165-02 was mailed regular mail with the proper postage affixed on this 15th h day of June 2015 to the following parties, Ofiice of the Aransas County District Attorney 301 North Live Oak Street Rockport, Texas 783 82 Jana K. Whately Trial Judge P 0 Box 700 Sinton, Texas 78797 Texas Department of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14th Street 5th Floor Price Daniel Bldg. Austin, Texas 78701 512-463-9988 and The Texas Criminal Court of Appeals 209 West 14th Street ustin Texas 78701 W/ /Z¢%:< MAB_AQQIN PETITIONER ~l. IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SUPPLEl.`/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE TABLE OF CONTENTS TABLE OF CONTENTS COVER SHEET SUPPLEl\¢/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE adding additional CLAIM/GROUNDS for relief Claims/Grounds for relief page 1&2 Facts Supporting Claims page 2-7 Conclusion page 7 Prayer page 8 Certificate of Service page 9 List of Exhibits Supplement Cover Sheet List of Exhibits Supplement Exhibits # 25 & 26 with cover sheets IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SUPPLEIMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED ElV[ERGENCY WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE adding additional CLAIM/GROUNDS for relief COVER SHEET IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BARDIN P.O. BOX ’772 AUSTIN, TEXAS 78767 z 512-487-01 97 bardinnemla@yahoo.com .EX RARTJE FRO.M CAUSE N(l.A -1).8-50.80-4(,"1! CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICAlNT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS.. JANNA K.. WHATELY TRIAL JUDGE STATE OlF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE SUPPLEl\/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE adding additional CLAIM/GROUNDS for relief Claim/ Grounds For Relief # 5 of 4 previously filed claims A. The Trial Court Judge violated Applicant's Due Process Rights and committed Fraud on the Court by the Court when she did not Acquit Applicant once the Jury found him Guilty of Murder, as alleged in the Indictrnent. B. State Prose'cutors and Defense Attomey's violated Applicant's Due Process rights and committed fraud on the court by the court when they did not move to Acquit the Applicant on the finding of Guilt by the Jury as alleged in the Indictment. C. The Tri?_al Court Judge violated Applicant's due process rights, committed fraud on the court l. by the court, and tampered with govemment/state document/record when she entered one or more false statements into the Jury Charge instructions . D. State Prose‘q 7 C barcli"fw'"“'@)wda‘ am CERTIFICATE OF SERVICE l do hereby certify that a true copy of the above and foregoing SUPP,-LEl\t/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78 -165-02 CHADRICK B. PATE adding additional CLAIM/GROUNDS for relief was mailed regular mail with the proper postage afiixed on this 15th h day of June 2015 to the following parties, Office of the Aransas County District Attomey 301 North Live Oak Street Rockport, Texas 783 82 J ana K. Whately Trial Judge P O Box 700 Sinton, Texas 78797 Texas Departrnent of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14th Street 5th Floor Price Daniel Bldg. Austin, Texas 78701 512-463-9988 and The Texas Criminal Court of Appeals 209 West 14th Street Austin Texas 78701 BARDIN PETITIONER 9. IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 'S'.UPPLEMENT TO PREVIOUSLY FILED AMENDED EXHIBIT LIST adding Exhibits # 25 and #26 to previously filed exhibits 1-24 EXHIBIT LIST Cover Sheet IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 SLUPPLEMENT TO PREVIOUSLY FILED AMENDED EXHIBIT LIST adding Exhibits # 25 and #26 to previously filed exhibits 1-24 Exhibit # 25 Werdict Form Exhibit # 26 Rteports Record Volume 5 -9 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 COVER SHEET EXHIBIT # 26 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 COVER SHEET EXHIBIT # 25 Charge Jury p.` 13 » anna 4= §§ ‘C`ause`!i‘lo. A-‘Uis-'J‘ifb“i>-"Z-‘C,’R IHE~SI.!BIEQF IE.XAS § IN THEDISTRICT COURT OF § ARANSAS COUNTY, TEXAS CHADRICK B. PATE § 36TH JUDICIAL DISTRICT VERDI FORMS QM@§IH, the Jurv, find the Defendant, CHADRICK B. PATE, GUILTY of MURDEW"lR, as alleged' m the indictment PRESIDING JUROR . c 93 “z a“§§§° 15 o/ W'ez, the Jury, find the Defendant, CHADRICK B. PATE, NOT GUILTY of MURDER. PRESIDrNG IURoR If jyou find the Defendant not guilty of Murder as alleged in Count One, then proceed to Count 'I`wo._ 4 ha ran 6 / /C::N§?7 21 Tel: 361~882~4378 ' - Fax: 361-882-3635 22 SBN: 07958500 23 On the 9th day of February, 2009, the following proceedings came On for trial in the above-entitled and 24 numbered cause in Said Court, HONORABLE JANNA K. WHATLEY, Judge Presiding, held in Rockport, Aransas County, Tean: 25 Proceedings were reported by machine Shorthand. is 1 court reporter to read back a record. 2 not like television. 3 All right. 4 instructions? 5 MS. CABLE: 6 THE COURT: 7 All right. 8 de£endantswsepan&wely? 9 what do y"ail think? 10 MS. CABLE: Anything else, guys? No, Your Honor1 All right. Very good. AreWMeMgQLMBH ls that how you want to You want me to read it 11 just read it once and have them enter their ~- 12 THE COURT: Y'all have any objection to just 13 reading it once and led the individual pleas -- 14 MR. GILMORE: 15 that, Judge -- Other nytttua do it or You want to do it together? t,‘\l L’C,% ’{`JI I don't have any objection to 16 THE COURT: They are identical indictments; 17 is that correct? 18 MR. GILMORE: They are 19 MR. TURPIN; No objectiem 20 THE COURT: All right. Gentlemen, if y'all 21 will please stand 22 out loud. 23 (Defendants complied.) 24 MS. 25 of the state of l_ while the State reads the charges to you CABLE: In the name and by the authorit Texas, Count One, comes now the grand It's not -- again,‘ l 10 11 12 13 14 15 16 17 18 19 day of January A.D. 2008, anterior to the jurors for the county of Aransas, State aforesaid, duly selected, organized, impaneled and sworn as such at the April term, A.D. QDD£r of the 36¢& dudicial District Court in and for said county, a quorum thereof being present, upon their oaths present in and to said Court that Michael Jason Underwood, Christqpher Jbseph Hall, Anthony Lee Ray, Chadrick B. Pate and Kevin Ray Tanton, adu@m@aa£oneaand Q::::::::U .»j on or about the 4th day of January A.D. 2008 an to the presentment of this indictment, in the county and state aforesaid did, then and there, intentionally or knowingly cause the death of an ibrijvjdyej ~~ namefy/ Aaron Watson -- by shooting the sai Aaron Watson with a firearm. `Count Two; and the grand jurors aforesaid upon their aatns aforesaid do further present in and to said Court that Michael Jason Underwood, Christopher Joseph Hall, Anthony Lee Ray, Chadrick B. Pate and Kevin kay lawton, acting alone and together, on or about the 4th resentment of 'ZJ this indictment, in the county and state aforesaid did, them‘and’there, intentionally, knowingly, or recklessly cause serious bodily injury to Aaron Watson by shooting the said Aaron Watson with a handgun, the same being a firearm. And the defendants did, then and there, , .-~." 1 commit said offense with the intent to establish, 2 maintain, or participate in a combination or in the 3 profits of`a combination who collaborated in carrying on 4 said criminal activity. Against the peace and dignity of the State, 6 signed by the foreman of the grand jurya THE COURT: All right. Mr. Hall¢ how dd von ` 8 plead to the allegations contained in Count One of the- 9 State's indictment? 10 11 12 13 14 DEFENDANT HALL: Not quilty. THE COURT: And as to Count Two? DEFENDANT HALL: Not guilty, also. THE COURT: Thank ydu_ Mr. Pate, how do you plead as to the 15 allegations contained in Count One of the State's 16_indictment? 17 18 19 20 2d 22|gotng tn a DEFENDANT PATE: d£'m not guil;g. m@m¢,w;,er:,wawamiss/wa..m'§Mus;';/m€$vf THE COuRT: And Count Two. DEEENBAMT ELHE: l'm not gui§§y. raw k THE COURT: All right. Thank you. And, ladies and gentlemen, the reason I'm l certain order, l'nlgoing to go in the order 23 that the State has named the defendants in the indictment. 24 Mr. Hall's name was named first and Mr. Pate's name was 25Ljamed second. There"s no method to my madness. I've got- ll 1 thing that guy did a minute ago." We don't do that. 2 Neither party may do that during the case. And the 3 lawyers -- the witnesses can't talk to anybody but the 4 lawyers involved in the case. And so that's what that was 5 just now. 6 All right. Mr. Rodriguez; State wish to 7 make an openinq? 8 MR. RODRIGUEZ: Yes, Your Honor. 9' THE COURT: All right. 10 MB" RDDRIGHEZ; May.tt please the CQ 11 Coumsel. 12 BY.MR. RODRIGUEZ: and ge').*:.liem\e'n.. Mia. Ca‘:> e just § .... "`""’"" *~w.\\» ,xz§ wa lumny that indictment serves a good ,~m`ai§§§sasehnw“¢ *'@F law ““~\'\’">-»‘~“ §§ Mtells you about the elements of ,_\'. d¢_.g¢*‘>+~zwrm*'*»*“f'@a _. . it also lets you know §§ MZ¥-<"»-- - .. _ 17 exactly wha king W%:__‘ {;,_W mm zu..w,;-»tg¢, what the . M§§.s arm W**’W was ffe 18 are goipngwwbewaa div m ¢,-.,-u MAF@K_“M~“-“ 1 Now, at this point in time, l"m going to talk to you a 20 little bit about some of the witnesses you're going to be 21 hearing from over the next couple of days. And to 22 understand, we‘re going to try to get through this case as 23 quickly as possible, but you have to understand it is a 24 serious case so we're going to take the time that's 25 necessary. _,.»`< 12 O\ 678 fg 10 v11 12 13 14 C;i5 16 17 18 19 20 21 21 23 Now, we're going to begin basically by telling you a little bit about what happened the night of January the 4th, 2008. We're going to tell you that on or about that time, the address, 909 North Tenth Street in Fultonl Texas, Aransas County -~ remember, we're talking about the 'elements -- on or about January 4th, 2008, in Aransas Comnty. The allegations we § _________ lt mwwliww have here is that the defendants, §Q;ing alone or togeth s co~defendants -~aacting alone or together§ there, intentionally and knowingly cause the death et an individual, Aaron Watson, by shooting the said Aaron Watson with a firearm./ And, again% in Count Two we're alleging Lhe law of gparties; that on or about January 4th, 2008, in Aransas County, Texas, the defendants :cting alone or together didl then and_thete, tutenttenally, recklessly cause serious bodily injury to Aaron Watson by shooting the said Aaron Watson with a handgun. And it is further meted when we talked about this particular indictment that was read to you and the defendants did, then and there, cdmmit said offense with the intent to establish,;maintain, participate in a combination or the profits of a combination collaborated’ 24 and carried out said criminal activity. Basically ZBLENat they conspired with each other to commit this '/..\` y 13 1 particular offense. 2 Now, there's going to be some interesting things going 3 on in this particular case, some of the things you must 4 consider. First off, you're going to be hearing from E,5 other co-defendants. When thi§_indiitmept was read to --`" c76 you, it stated that Mjchael Jason Underwood, Christopher K“l 7 Joseph Hall, Anthony Lee Ray, Chadrick B. Pate and Kevin C?B Ray Tanton, agglng_ii£££_££`£ggeth§r. SO there were other 9 people here that are not before you. And they're going to 10 testify in this particular case and they're going to tell 11 you that there was a deal made for them to testify. 12 Let's talk a little bit about this case as far as what 13 happened that night at 909 North Tenth Street in Eulten. 14 You're going to be hearing from the witnesses that around Jo'QFJO in the morning on January the 4th, 2008, that there 16 was a disturbance going on at that residencet There's 17 going to be a lady by the name of Yvette Garcia's going to 18 testify that she heard some noises like a fight going on 19 next door. She's going to tell you that she turned on her 20 lights, looked out to see what was going on. She's going 21 to Say that she saw two little girls come onto her 22 property. 23 Two girls are going to be identified as Jessica Watson 24 and Meghan Watson. And they're going to sit here and 25 they're going to testify as well. One”s ll and one is 134 |_