ACCEPTED
01-14-00116-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/10/2015 10:15:10 AM
CHRISTOPHER PRINE
CLERK
IN THE FIRST COURT OF APPEALS FOR THE STATE OF TEXAS
Benedict Emesowum )
Appellant ) FILED IN
Case No: 01-14-00116-CR
1st COURT OF APPEALS
vs. ) HOUSTON, TEXAS
8/10/2015 10:15:10 AM
State of Texas ) CHRISTOPHER A. PRINE
Appellee ) Clerk
MOTION FOR REHEARING
Now comes Appellant and timely motions this Court of Appeals for a rehearing of his
appeal pursuant to TRAP 49.1 et seq. In this Court’s memorandum opinion, the court stated that
“[Appellant] has made no arrangements to supply a court reporter’s record to the Court”, “we
cannot determine their merits without a reporter’s record detailing what actually occurred in the
courtroom. It is Emesowum’s burden to request and pay for a reporter’s record.” “Because he
has failed to do so, we overrule these issues”. Plaintiff will show that this court erred in its
opinion and should reconsider hearing this case.
POINTS TO SUPPORT A REHEARING
1.) Appellant Made Arrangements to supply a court reporter’s record: In spite of
Appellant being unjustly denied the court reporter’s record without prepayment, Appellant was
able to obtain some funding and requested a partial record from the court reporter, Bonnie
Rodriguez. Upon making arrangements and payment, rather than the court reporter providing the
transcript, she eloped with the money. Appellant made numerous attempts by phone and in
person (at County Criminal Court House both in Court 10 and at the Office of Court
Administration) to contact Ms. Rodriguez. Appellant requested Ms. Rodriguez’s personal contact
information from the Court coordinator (Marvin Rodriguez) of Harris County Criminal Court 10
(HCCC 10) and other employees of HCCC 10 but they all claimed to have no knowledge of her
contact information. Upon request of Ms. Rodriguez’s contact info from the Office of Court
Administration at the Harris County Courthouse, Appellant was provided Ms. Rodriguez’s phone
number and email addresses. Appellant called Ms. Rodriguez several times but was never able to
reach her nor receive a call back. Appellant also emailed Ms. Rodriguez several times but got no
reply (See Exhibit A). Appellant eventually contacted the Court Reporters Certification Board
for assistance with current contact information for Ms. Rodriguez. The Certification office
provided the same contact information as provided by Harris County Office of Court
Administration. Appellant nevertheless tried those same numbers and contact information to no
avail. Appellant proceeded to file a complaint with the Court Reporters Certification Board
against Ms. Rodriguez.
Given that for no fault of Appellant, Appellant was unable to obtain partial records in
spite of making proper arrangements and payment prior to the Court rendering its opinion, the
Court should rehear this case. The Courts and Court administration is also at fault for not
providing a proper mechanism for obtaining transcripts from court reporters who may no longer
be working at the Courthouse; litigants need to be able to request and retrieve transcripts whether
or not the Court reporter no longer works at the court where he/she hitherto collected the record.
Appellant motions this court for an order to Ms. Bonnie Rodriguez to provide all transcripts for
this case’s pretrial, trial, and post-trial hearings.
2.) Other Matters of Review Not on The Transcript Were not Reviewed: In filing a
motion for new trial, Appellant presented new evidence supporting his motion for new trial
which included documentation presented to this Court of Appeals showing that:
i.) The alleged witnesses provided erroneous testimony as to the identity of who the
alleged assailant was that did not match the identity of Appellant (Exhibit B).
Witness#1 Matt Kokott said the alleged assailant had “dreadlocks” but appellant
does not and has never worn “dreadlocks”.
Witness#2 Joshua Grace stated that the alleged assailant attacked complainant by
hitting her with right hand to her left cheek, a description that is not readily
possible as a right hand is most likely going to hit a right cheek. Moreover during
the trial he stated he did not see the assailant hit complainant.
Witness#3 Andy stated that he did not see assailant punch complainant. This
witness also gave complainant $300.00. The court prevented Plaintiff from
bringing this into evidence and this is a further i=sign of complainant being paid
to conspire and incriminate Appellant.
ii.) The alleged complainant testified to a police officer a few days later that she was
not assaulted by Appellant. (Exhibit B).
iii.) The investigating officer D.R. Daniel fabricated injuries and apparently suborned
testimony from complainant. (Exhibit C). These injuries were orally obtained 6
days after the alleged incident and were similar to previous injuries between
alleged complainant and her ex-boyfriend one Omolulu Omogbemi.
CONCLUSION
Based on the arguments and evidence provided, Appellant respectfully requests the Court
to realize its error in issuing its opinion and rehear this case based on the evidence provided and
upon Appellant and the Court receiving the transcripts of the case in the interest of justice.
Sincerely,
_______________
Benedict Emesowum, MPH
P.O. BOX 53911
Houston, TX 77052
EXHIBIT A
EXHIBIT B
EXHIBIT C