WR-84,092-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/29/2015 10:03:28 AM
Accepted 10/29/2015 10:15:00 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
FOR THE STATE OF TEXAS
AUSTIN, TEXAS
EX PARTE § RECEIVED
COURT OF CRIMINAL APPEALS
§ 10/29/2015
§ NO. WR-84,092-01 ABEL ACOSTA, CLERK
§
RICHARD HAMER §
AFFIDAVIT IN SUPPORT OF
APPLICATION FOR A WRIT OF HABEAS CORPUS
TO THE HONORABLE PRESIDING JUDGE:
NOW COMES RICHARD HAMER, Applicant, and submits this Affidavit in
Support of Application for a Writ of Habeas Corpus.
Respectfully submitted,
/s/ Gary A. Udashen
GARY A. UDASHEN
Bar Card No. 20369590
SORRELS UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214/468-8100
214/468-8104 fax
Attorney for Applicant
Affidavit in Support of Application for a Writ of Habeas Corpus - Page 1
CERTIFICATE OF SERVICE
I hereby certify that on the 29th day of October, 2015, a true and correct copy of the
above and foregoing Affidavit in Support of Application for a Writ of Habeas Corpus was
mailed to the Harris County District Attorney’s Office, 1201 Franklin Street, Suite 600,
Houston, Texas 77002.
/s/ Gary A. Udashen
GARY A. UDASHEN
Affidavit in Support of Application for a Writ of Habeas Corpus - Page 2
STATE OF TEXAS §
§ AFFIDAVIT
§
This affidavit is in response to the affidavit filed by Dawn Kibler:
The following is my response to Ms. Kibler' s affidavit:
Ms. Kibler states that she had numerous conversations with me about the case. In fact, she
only visited with me once in jail, and was good about returning phone calls until after August 21,
2011. On August 21, 2011, Ms. Kibler was arrested. After August 21, 2011, she would not return
any of my phone calls after repeatedly trying to reach her. The only time she would respond is when
I would text or email her asking why she would not return my calls. Then, I would maybe get a
single call back.
Ms. Kibler also states that she explained the evidence and differences between manslaughter
and criminally negligent homicide, and the differences between reckless and negligence. That is not
true. I knew nothing of criminal negligence nntil my family discussed the case with Mr. Udashen
and Mr. Udashen's office filed the 11.07 writ.
Ms. Kibler also states that she explained what the state needed in order to prove me guilty
of manslaughter and criminally negligent homicide. She did not explain either one of these as to
what they needed.
On October 10, 2011, I was re-incarcerated into the Harris County Jail. I repeatedly tried to ·
contact Ms. Kibler, even trying to call her collect a few times so I could talk to her. I was there 4
months and she never came to discuss anything with me.
Ms. Kibler stated I am an intelligent person, enough so that if someone explained
manslaughter with the penalty it carries and criminal negligent homicide with the lesser penalty it
carries, I would not plead to the greater time. Had I been fully informed and advised, I would have
Affidavit of Richard Hamer - Page I
made a different decision.
I
DECLARATION OF AFFIANT
I, Richard Hamer, Inmate No. 01764037, being presently incarcerated in the Texas
Department of Criminal Justice - Institutions Division, declare under penalty of perjury that
according to my belief the foregoing information and allegations contained in this memorandwn are
true and correct.
fi l ·.1 O· +I"'
Executed on __ L'-""-)~C~.+,__,~o_.vr-e-~--r
__~.:X__________, 2015.
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Richard Hamer
Affidavit of Richard Hamer - Page 2