Greer, David AKA David Duane Greer

Case Information

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This document contains some pages that are of poor quality at the time of imaging.

RECEIVED IN 0 COURT OF CRIMINAL APPEALS NOV 30 2Ui5 n THE STATE OF TEXAS Abe, Acost~. Clerk D COUNTY OF Brazos I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos 0

County, Texas do hereby certify that the documents contained in this record to which this certification is attached are all of the documents

0 specified by Texas Rule of Appellate Procedure 34.5(a) and all other documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34.5{b). ·

o· GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office 0 in Brazos County, Texas, this the 26th day of February,2013. 0 ~-o 0 Marc Hamlin, District Clerk 0 Brazos County, Bryan Texas jf_shfey :Morgan

0 Deputy Clerk 0 0 0 0

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l RTER'S RECORD 1 Volume 1 of 6 Volumes 2

] Trial Court Cause No. 12-03324-CRF-272 3 Court of Appeals No. 10-13-00049-CR 4

J .. 5 THE STATE OF TEXAS IN THE DISTRICT COURT OF 6 J

vs.

7 BRAZOS COUNT~, TEXAS ] 272nd JUDICIAL DISTRICT 8 DAVID DUANE GREER ]

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10 I·; J

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] 12 MASTER INDEX. t' ]'\' ~

CERTIFIED <.:;·: •·. ":-;;:· - TRANSCRIPT J '" J ~

Denise C. Phi+lips, Texas CSR #6482 Official Court Repbrter - 272nd District Court ]

300 East 26th Street, Suite 204

Bryan, Texas 77803 r 23 979-361-4221 24 25

iJ " DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER·

'] 272ND DISTRICT COURT l

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A P P E A R A N C E S 1 1- 2 1 ATTORNEY(S) FOR STATE: RYAN CHARLES CALVERT ~ SBOT NO. 24036308 WILLIAM LEE WARD SBOT NO. 24077302 Assistant District Attorneys 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-361-4320.

ATTORNEY(S) FOR DEFENDANT: EARL R. GRAY SBOT: 24.007265 Gray, Granberry & Jones 103 N. Main Street Bryan, Texas 77803-3235 Telephone: 979-822-4759

DENISE C.PHILLIPS, CSR OFFICIAL'COURT REPORTER

272ND DISTRICT COURT 0

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D CHRONOLOGICAL INDEX 1 Volume 2 October 29, 2012 2 0

Page

3 Opening Remarks by the Court 4 4

~ Announcements of Ready 4 Defense Request for Audio/Video Evidence 4 5 The Court's Ruling on Request 5 0 Adjournment 6 6 Court Reporter's Certificate 7 7 0 Volume 3 November 13, 2012 8 0 Venire pan~l seated 9 5 Voir Dire Examination by The Court 5 10 Voir Dire Examination by Mr. Calvert 11 0 Venire panel retired 99 Discussion at bench:

11 0 12 Venireperson No. 1 99 Venireperson No. 5 excused for cause 104 104 13 Venireperson No. 17 Venireperson No. 17 excused by agreement 107 0 107 14 Venireperson No. 22 Venireperson No. 22 excused for cause 108 108 15 Venireperson No. 24 0 Venireperson No. 30 111 111 16 Venireperson No. 30 excused by agreement Veni~eperson No. 57 excused by agreement 112 0 17 Venireperson No. 53 excused by agreement 112 Venireperson No. 48 112 18 0 114 Short recess Venire panel reseated 114 19 Venireperson No. 30 excused by agreement 114 20 Voir Dire Examination by Mr. Gray 114 0 Venirepersons Nos. 54 through 60 excused 142 21 Venire panel retired 142 Short recess 143 0 22 Discussion at bench: 23 Venireperson No. 9 143

0 Venireperson No. 38 150 24 Defense challenge as to Venireperson No. 38 153 Court's ruling· 153 -0

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DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

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5 l CHRONOLOGICAL INDEX 1 Volume 3 November 13, 2012 2

J Page 3 Venireperson No. 39 153 4

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Venirep~rson No. 39 excused for cause 157 Venireperson No. 40 157 5 Discussion with Defendant 159 J 6 Strikes made 161 Venire panel reseated 162 7 Jury seated 162

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Remaining venire panel released 162 8 Instructions read to Jury 164 Jury retired 165 9

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Evening recess 174 Reporter's Certificate 10 175

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Volume 4 11 November 14, 2012 Witness sworn 12 20

J Discussion with Defendant 20 Jury seated 13 22 Jury sworn 22 ] Indictment presented 14 22 Defendant's plea 22 Opening Statement by Mr. Calvert 15 22 ] Witness sworn 26 16

STATE'S WITNESSES:

17 J TERRY YOUNG: 18 Direct Examination By Mr. Calvert 26

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19 Cross-Examination By Mr. Gray 57 Redirect Examination By Mr. Calvert 73 20 R~cross-Examination By Mr. Gray 74

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21 Jury retired 76 Short recess 76 Discussion with the Defendant 22 76

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Jury seated 78 Witness sworn 23 78

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DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DlSTRlCT COURT

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6 1 ] . CHRONOLOGICAL INDEX

1 Volume 4 2 November 14, 2 012

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Page

3 4 RICARDO LEDESMA:

1 78 Direct Examination By Mr. Ward 5 87 Cross-Examination By Mr. Gray ] 91 Redirect Examination By Mr. Ward 6 93 Recross-Examination By Mr. Gray 7 ] 95 Witness sworn 8 LAKETH McKINNEY: ,' ; .. ]

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95 Direct Examination By Mr. Calvert 97 10 Cross-Examination By Mr. Gray L 11 100 State rests Jury retired 100 100 12 Defendant's Motion to Suppress

l 112 Court's ruling 112 13 Jury seated ] 14 DEFENDANT'S WITNESSES: MONISHIA R~NE CAMPBELL: . ·· 15

] Direct Examination By Mr. Gray 112 16 Cross-Examination By Mr. Calvert 122 ] 17 Redirect Examination By Mr. Gray 137 18 Defendant rests 142

] 19 STATE'S REBUTTAL WITNESSES: 20 RICARDO LEDESMA:

I 21 Direct Examination By Mr. Ward 1~4 Cross-Examination By Mr. Gray 147 22 ~ Redirect Examination By Mr. Ward 150 23 Jury retired 151 Noon· recess 153 24 Jury seated 154 25

r DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

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272ND DISTRICT COURT

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7 l 1 CHRONOLOGICAL INDEX 2 Volume 4 November 14, 2012

] 3 Page TERRY YOUNG:. ]4 5 Direct Examination By Mr. Calvert 154 Cross-Examination By Mr. Gray 156 6 J Witness sworn 157 7 ]

JASON WARE:\-

8 Direct Examination By Mr. Calvert 157 ] 9 Cross-Examination By Mr. Gray 159 10 State closes 160 Defendant rests and closes 160 J 11 Jury retired 160 Objections to Charge '160 12 Jury seated 161 J Charge read 162 13 Closing Argument by Mr. Ward 162 Closing Argument by Mr. Gray 168 ) 14 Closing Argument by Mr. Calvert 176 Jury retired for deliberations 183 15 Jury request to view video 183 Jury continued deliberations 183 J 16 Jury seated 183 Verdict 184 ] 17 Jury retired and released 185 ~vening recess 185 18 Reporter's Certificate 186 19 J November 15, 2012 Volume 5 20 Enhancement paragraphs presented ] 5 Defendant's plea 5 21 Witness sworn 6 22 STATE'S WITNESSES:

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23 BRYAN WADE RUEBUSH: ·~- .. 1 24 Direct Examination By Mr. Ward 6 Cross-Examination By Mr. Gray 8 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT []

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[} 1 CHRONOLOGICAL INDEX 2 Volume 5 November 15, 2012

0 Page 3 12 4 Witness sworn 0 ... .- .. 5 GREG SILBER: 0 6 Direct Examination By Mr. Calvert 12 Voir Dire.Examination By Mr. Gray 20 25 7 Direct Examination Continued By Mr. Calvert 0 26 Voir Dire Examination By Mr. Gray 8 Direct Examination Continued By Mr. Calvert 27 Cross-Examination By Mr .. Gray 36 0

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36 State rests 10 Witness sworn 37 0 11 DEFENDANT'S WITNESSES: 12 KENNETH GREER: 0 '13 Direct Examination By Mr. Gray 37 Cross-Examination By Mr. Ward 41 0 14 44 Redirect Examination By Mr. Gray 15 45 Witness sworn

0 16 ANNETTE GREER 0 17 Direct Examination By Mr. Gray 45 Cross-Examination By Mr. Ward 50 18 Redirect Examination By Mr. Gray 52 0 19 Defendant rests 53 State closes 53 20 Closing Argument by Mr. Calvert 54 0 Closing Argument by Mr. Gray 56 21 Ruling of Court 58 Reporter's Certificate 61 0

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DENISE C.PHILLIPS, CSR

: .. •' OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

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l 1 CHRONOLOGICAL INDEX 2 Volume 6

J 3 Reporter's certificate 3 State's Exhibit No. 1 5 6 4 State's Exhibit No. 2 ] State's Exhibit No. 3' 7 5 State's Exhibit No. 4 8 9 State's Exhibit No. 5 ] 6 State's Exhibit No. 6 10 State's Exhibit No. 7 11 7 State's Exhibit No. 8 12 ] 13 State's Exhibit No. 9 8 State's Exhibit No. 10 14 15 State's Exhibit No. 11 9 State's Exhibit No. 12 16 ~ 17 State's Exhibit No. 14 10 State's Exhibit No. 15 18 State's Exhibit No. 16 19 J 20 11 State's Exhibit No. 17 State's Exhibit No. 18 21 22 12 State's Exhibit No. 19 ] State's Exhibit No. 19-A 23 13 State's Exhibit No. 20 24 State's Exhibit No. 21 25 ] 14 State's Exhibit No. 22 26 State's Exhibit No. 23 27 15 State's Exhibit No. 24 28 ~ \ 16 ]

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1 DENISE C.PHILLIPS, CSR .. "

OFFICIAL COURT REPORTER

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272ND DISTRICT COURT

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' ALPHABETICAL INDEX 1 ' Direct Cross V.Dire Vol 2 112 122 Campbell, Monishia Rene 4 3

137 4 so 45 Greer, Annette 5 52 5 Greer, Kenneth 37 41 5 6

44 7 87 Ledesma, Ricardo 78 4 91 93 8 Ledesma, Ricardo 144 147 9 4

150 10 95 97 McKinney, Laketh 4 11 6 8 Ruebush, Bryan Wade 5 12 12 20 5 Silber, Greg. 25 26 13 27 36 14 Young, Terry 26 57 4 15 73 74 l 154 156 16 Young, Terry 4 ] 17 Ware, Jason 157 159 4 18 19 20 21 22 23 24 25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT l

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l 1 EXHIBIT INDEX 2 State's Exhibits

l 3 EXHIBIT DESCRIPTION OFFERED ADMITTED VOL 4 1 Arrest Warrant 16 19 4 ] 2 Arrest Warrant 16 19 4 34 34 4 5 3 Video 3 Video 143 144 4 6 48 48 4 4 Photograph J 48 4 5 Photograph 48 7 6 Photograph 48 48 4 ] 7 Photograph 48 48 4 8 8 _Photograph 48 48 4 _Photograph 9 48 48 4 9 10 Leather jacket 41 41 4 J 11 Weapon 41 41 4 10 12 Bullets from weapon 54 54 4 . 14 Stipulation 20 22 4 J 11 14 Stipulation 99 100 4 15 Inventory form 90 90 4 12 16 Inventory Search Policy 107 4 J 17 Judgment and Sentence 15 17 5 13 18 Pen Pack 26 27 5 19 Pen Pack 20 25 5 ] 14 19-A Judgment and Sentence 20 22 5 20 Judgment and Sentence 30 30 5 15 21 Judgment and Sentence 30 30 5 22 Indictment 28 5 J 16 23 Judgment' and Sentence 28 29 5 24. Fingerprint card 36 36 5 17 J 18 ]

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~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DISTRICT COURT 1

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October 29, 2012 The State of Texas v. David Duane 'Greer ]. .. ;•

REPORTER'S RECORD

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VOLUME 2 OF 6 VOLUMES

2 TRIAL COURT CAUSE NO. 12-03324-CRF-272 J 3 APPELLATE COURT CASE NO. 10-13-00049-CR ~ 4 THE STATE OF TEXAS § IN THE DISTRICT COURT OF 5 § ~ 6 § § v. BRAZOS COUNTY, TEXAS 7 §

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§ 8 § § 1 DAVID DUANE GREER 272ND JUDICIAL DISTRICT § 9 10 ~

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13 J 14 DOCKET CALL ~ '15 .. 16 __ ~. 17 ij 18 19 On the __ 29th day of October}?.~~ 2/ the fo l1 owi nQ r. b-·,.~­ f: c.·-lyJ?cr~ ua,ec _y-e- f../(/( &4.1(_ . -H ..... ···· . ] (/ •<' 20 proceedings came to be heard in the above-entitled and 21 -numbered cause before the Honorable Travis B. Bryan,

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22 III, Judge presiding I held in Bryan I Brazos County I 23 Texas:

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24 Proceedings reported by computerized stenotype

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25 shorthand. CERTIFIED,

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, ___ · · - ------ - - · - - - - - - - - KC:letheryne B. Kytiell, CSR OfficiC:ll Court Reporter [ 272nc! District <;:ourt, BtC:lzos County, Tex(:ls .-:- ~. ,·

2 :n The State of Texas v. David Duane Greer October 29, 2012 n. 1 A P P E A R A N C E S 2 Mr. Ryan C. Calvert Brazos County District Attorney's Office

D 3 SBOT No. 24036308 300 East 26th Street, Suite 310 D 4 Bryan, Texas 77803 (979) 361-4320 5 ATTORNEY FOR THE STATE OF TEXAS D 6 Mr. Earl R. Gray Gray, Granberry & Jones D 7 SBOT No. 24007265 8 103 N. Main Street D Bryan, Texas 77803 9 (979) 822-4759

ATTORNEY FOR THE DEFENDANT

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0 21 22 D 23 24 0 25 Q_ - ---·-··-- --·-··-. K.qethetyne B. Kytiell, CSR u

OfficiC:ll Court Reporter

272ncl District Court, BtC:lzos County, TexC:lS 3 l The State of Texas v. David Duane Greer October 29, 2012 l

CHRONOLOGICAL INDEX

1

VOLUME 2

2 (DOCKET CALL) J PAGE VOL. 3 OCTOBER 29, 2012 l

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Opening Remarks by the Court ............... . 4 2 5 Announcements of Ready ..................... . 4 2 ] 6 Defense Request For Audio/Video Evidence ... . 4 2 The Court's Ruling on Request .............. . 5 2 7 J Adjournment ................................ . 6 2 Court Reporter's Certificate ............... . 2 7 J 9 10 ALPHABETICAL WITNESS INDEX J VOLUME 2 (DOCKET CALL) 11 J 12 (No witnesses this volume.) 13 J EXHIBIT INDEX 14

VOLUME 2

~ (DOCKET CALL) 15 -16- J (NO exhibits this volume.) 17 18

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25 J_ --- -- Kqethetyne B. Kytiell, CSR Officiql Court Reporter 1

272ncl District Court, Btqzos County, Texqs

n 4 The State of Texas v. David Duane Greer October 29, 2012 0

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(Open court, defendant present, no jury, 2

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10:01 AM.) 3

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THE COURT: David Greer. 4 5 THE COORDINATOR: Possibly be number one,

D 6 depending on what Mrs. Lowry does. 0 7 THE COURT: Be number·ohe case. MR. GRAY: Good morning, Judge.

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T H E C 0 U RT : _ Good m o r n i ng , s i r . W h at says 9 ' 0 10 the State? 11 MR. CALVERT: We're ready, Judge. 0 MR. GRAY: Judge, we'll announce ready on 12 1 3 t h e c o n d i .t i o n t h a t i f t h e r e i s a u d i o a n d v i d e o a n d a n

0 __ ..----·· .. 14 inventory list.of what was actually seized at the time 0 15 of the arrest, that we get that sometime week. If I get o- 1.6. someth-ing --thi-s- week, -I have still have time to prepare. THE COURT: Audio and video on what? 17 o M R . GRAY : · 0 n t he a r r e s t . 18- MR. CALVERT: There was a traffic stop, - 19 0 20 Judge. At pces~nt, -we don'~- have any audio· or vi de(). 0 We have requ!3sted it. Requested it, I believe, last 21 week but have not heard anything yet. So I don't know 22

0 if those things exist or not; but if they do, we'll get 23 them to counsel as soon as we get them. 24 D 25 THE COURT: When are you going to be able Q __ : ------ -----~=============' U -- K4etheryne B. Kyriell, CSR

Offici<ll Court Reportet' 272nq Dishict Court, Bt'<lZOS County, Tex<1s 5 n The State of Texas v. David Duane Greer October 29, 2012 n

to do that?

1 n 2 MR. CALVERT: Hopefully today. THE COURT: May go to trial and may be 3

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inadmissible if you don't. 4 MR. CALVERT: Yes, sir. 5

D MR. GRAY: Judge, we normally wouldn't be 6 0

concerned about a codefendant's video or audio or

7 anything of that nature; but when he was arrested not 8

0 getting into the details of the case -- but whenever he 9 0 was arrested, he was arrested with a female. And the 10 statements that she may or may not have made may be 1 1 0 12 beneficial to the defense as well. I just don't know. THE COURT: When do you need to have that 13

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by? 14 0 MR. GRAY: Any time -- 15 16_ .. -- ----- _ THE COURT: .No 1 at e r t h a n?

0 MR. GRAY: Any time this week and I'll have 17 0 18 time to prepare. I contacted their office. I know they 19 have contacted PD but --

0 20 THE COURT: State is ordered to have it to 21 them by the end of this week or risk it not being

D 22 admitted. 0 23 MR. CALVERT: Yes, sir. o. 24 THE COURT: Thank you very much. 25 MR. GRAY: Okay, thank you, Judge.

-U---------···----------~~~~~~---~~~~~ Kqetheryne B. Kyriell, CSR 1·1 Offici<~! Court Reporter U 272nq District Court, BrC~zos County, Tex<~s 6 l The State of Texas v. David Duane Greer October 29, 2012 l- (Proceedings concluded at 10:03 AM.) 1 2

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l 24 25 L -·"··---··-----·- K<:~ethetyne B. Kytiell, CSR Officiql Court Reporter 272n~ District Court, Btqzos County, Tex<:~s 7 1 The State of Texas v. David Duane Greer October 29, 2012 l 1 REPORTER'S CERTIFICATE 2 THE STATE OF TEXAS

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3 COUNTY OF BRAZOS

4 I, Kaetheryne B. Kyri ell, Official Court Reporter

J 5 in and for the 272nd District Court of Brazos County, J 6 State of Texas, do hereby certify that the above and ]

7 foregoing contains a true and correct transcription of

8 all portions of evidence and other proceedings requested

] 9 in writing by counsel for the parties to be included in 10 this volume of the Reporter's Record, in the J 11 above-styled and -numbered cause, all of which occurred ] 12 in open court or in chambers and were reported by me. 13 I further certify that this Reporter's Record of

J 14 the proceedings truly and correctly reflects the 15 exhibits, if any, admitted by the respective parties.

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r 16-- ··-.- -I- -f-u-rthe-r- cer-tify that the total cost for the

17 preparation of this Reporter's Record is $ jq.Do and ] 18 was paid/will be paid by Brazos County. 19 WITNESS MY OFFICIAL HAND this the 19th day of

J 20 February 2013. 21

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Kaethe'ryne~r.Tyri ell, ~CSR 6083 ~ 23 Expiration Date: 12/31/2013 Official Court Reporter 24 272nd District Court CERTIFIED Brazos County, Texas Bryan, Texas 77803 J TRANSCRIPT 25 J· ____ ------------'====================="=====~ ~etheryne B. Kytiell, CSR ] Offici<!l Coutt Repottet J 272n~ District Coutt, Bt<!zos County, TexC)s n

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REPORTER'S RECORD

1 n Volume 3 of-.6 Volumes 2 Trial Court Cause No. 12-03324-CRF-272 3 0 I Court of Appeals No .. 10-13-00049-CR 4 0 5

THE STATE OF TEXAS

IN THE DISTRICT COURT OF 6 0 vs. BRAZOS COUNTY, TEXAS 7 DAVID DUANE GREER 272nd JUDICIAL_DISTRICT 8 0

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0

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11. JURY VOIR DIRE PROCEEDINGS

0 12 13 o· 14 On the 13th day of November, 2012, the following \ l

0 I 15 proceedings came ort to be held in the above-ti~led and 16 . numbered cause before the Honorable Travis B. Bryan, III,

-B-- 17 Judge Presiding, held in Bryan, Brazos County, Texas. -, 0 18 -Proceedings reported by computerized stenotype· ·19 · machine. :o

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21

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22 Denise C. Phillips, Texas CSR #6482 Official Court Reporter - 272nd District Court l1 23 300 East 26th Street, Suite 204 Bryan, Texas 77803 CERTIFIED 24 979-361-4221 TRANSCRIPT J ;_;; :)~ 25

DENISE C.PHILLIPS, CSR

/ . '

OFFICIAL COURT REPORTER

______________________________________________ _2,_]__2~D _ _p_::I;_STR:j:C_1' ____ C::QUR'L \.'.~ .· ; .. l

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l· .. , A P P E A R A N C E S 1 2

J ATTORNEY(S) FOR STATE: 3 ] 4 RYAN CHARLES CALVERT SBOT NO. 24036308 WILLIAM LEE WARD 5 SBOT NO. 24077302 J 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, Texas 77803 ]

Telephone: 979-361-4320

8 9 ATTORNEY(S) FOR DEFENDANT:

J 10 EARL R. GRAY SBOT: 24007265 ~ 11 Gray, Granberry & Jones 103 N. Main Street 12 Bryan, Texas 77803-3235 ~

Telephone: 979-822-4759

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DENISE C.PHILLIPS, CSR

I OFFICIAL COURT REPORTER

___________ --------------------------------- ___ 2_7_2ND-DTSTRICT COURT

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3 l CHRONOLOGICAL INDEX 1 Volume 3 November 13, 2012 2 ]

Page

3 5 Venire panel seated 4

} Voir Dire Examination by The Court 5 Voir Dire Examination by Mr. Calvert 11

5 99 Venire panel retired Discussion at bench: J 6 r

Venireperson No. 1 99 7 Venireperson No. 5 excused for cause 104 Venireperson No. 17 104

8 Venireperson No. 17 excused by agreement 107 Venireperson No. 22 107

9 Venireperson No. 22 excused for cause 108 108 Venireperson No. 24 10 Venireperson No. 30 111 Venireperson No. 30 excused by agreement 111

11 Venireperson No. 57 excused by agreement 112 Venireperson No. 53 excused by agreement 112 12 Venireperson No. 48 112 13 Short recess 114 Venire panel reseated 114 14 Venireperson No. 30 excused by agreement 114 Voir Dire Examination by Mr. Gray 114 15 Venirepersons Nos. 54 through 60 excused 142 1 Venire panel retired 142 16 Short recess 143 l :Oiscuss~ion-a.t: -b-ei1ch = 17 Venireperson No. 9 18 143

Venireperson No. 38 150 Defense challenge as to Venireperson No. 38 19 153 Court's ruling 153 20 Venireperson No. 39 153 Venireperson No. 39 excused for cause 157 21 Venireperson No. 40 157 Discussion with Defendant 22 159

Strikes made 161 Venire panel reseated 23 162 Jury seated 162 Remaining venire panel released 162 24 25

DENISE C.PHILLIPS, CSR

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4 l- CHRONOLOGICAL INDEX 1 Volume 3 November 13, 2012 2

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3 Instructions read to Jury 164 4

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Jury retired 165 174 Evening recess

5 Reporter's Certificate 175 1

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DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

l-- - - ---- ----------------·-----------~--- ---~----2-"'-2-N-D --DIS'I'RIG'I'- COURT I

D 5 0 P R 0 C E E D I N G S 1 November 13, 2012 2

D (Venire panel seated.) 3 0 THE COURT: This is the State of Texas v. 4 David Greer. This is a criminal accusation. Unlawful 5

0 6 possession of a firearm by a felon is the title of the 7 charge. 0 ·a What says the State of Texas? 0 9 MR. CALVERT: State is present and ready. THE COURT: What says the Defense? 10 0 11 MR. GRAY: Ready, Judge. 0 12 VOIR DIRE EXAMINATION BY THE COURT THE COURT: We're about to embark on the 13

0 jury selection process. I'm going to speak to you for a 14 15 little while; and then, I'll turn it over to the lawyers

0 16 to begin to ask you questions. 0 17 Let me ask you to turn your cell phones off. 18 And another admonition about t1JE;:: __ cell phone, we've had a .o

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couple of .. m~.s~~:L.a.~ .. s oyer the . ~-~~t:. couple of yea~-~-<?-~ 0 j_ll,:rQ~El ... _~h.? ... go~ ___ Qp .. !:J:le~r _S_rnar_t: phones and looked up 20 21 infor!!l.?!-~JC?.~. about the C:.?is~, G()()g],ed names, Googled the 0 22 .l<l-.W.Y~:r:'8 nCI._IllE;!, ],goked up the la_w_; and they do that before 23 t:]le trial even starts; and it caused a mistrial in tYLQ

0 24 cases..; 0 25 So, please do not look up any information.

DENISE C.PHILLIPS, CSR

0----- OFFICIAL COURT REPORTER - ---------------·-- --------·-2'72ND -DISTRICT COURT 0 0

6 n 1 Don't Tweet anybody about your experience on the jury panel today. We like to make sure that all the evidence 2

D you receive comes from that witness box over there and 3 0

you're not contaminated by outside information.

4 Don't discuss the case among yourselves and 5

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don't relay any personal· experiences, "While I was on·the·

6 jury one time; and they did this, that or the other," to 7 0

the other jurors. We like for you to remain as pure as

8 0 possible as far as information about the criminal law, 9 about your jury service or about this particular charge or 10 D these people. Now, I thank you for doing that. 11 0 12 They're going to be asking you some questions, trying to determine who they do not want on the 13 0 jury. The way we pick the jury is actually we pick 14 they pick the people they do not want, and the leftovers 15

0 are the ones that serve. And that is usually a pretty 16 o- fair syst~m because the leftovers generally can be fair. 17 18 They're going to be asking you questions --

0 19 my wife is always asking me, "How do I get out of serving 0 on the jury?" And I always tell her, "Go down there and 20 21 answer every question they ask you as completely as

0 22 possible," and someone will figure out something about you 23 they don't like, and they'll strike your name off the

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list.

24 0 25 Of course, the other side of that is if you _ DENISE C.PHILLIPS, CSR \) . . OFFICIAL COURT REPORTER ·-bJ--··----------·-·------- ----------------------- ---~----2-7-2-ND-DI-SIP-R-I-e--T--eeHRT------------------~-------- ---------------- D D

7 D- 1 want to serve -- how many of you want to serve on the 2 jury? Raise your hand now.

0 3 (Show of hands . ) D THE COURT: Just two or maybe three.· That's 4 5 about par for the course. D 6 The rest of you are here because it's your 7 duty, and you're glad to give your time and serve, but

0 8 you'd rather be somewhere else. And you are the norm. 0 9 Very few would actually like to serve on the jury, but 10 that's always good, too. 0 So, they get a list of you at the end of 11 0 12 this; and they strike a certain number of names that they have off the list and the first 12 that are left are on 13

0 14 the jury. 15 We've already let about 12 people go to get

0 16 the number down to about 60, and I think it's now down to o-- 17 about 59 because we don't need 70 to try to pick up a 18 jury. But we do need the 59 because sometimes we actually

0 19 get into the 50s betause there's another way you could be 20 0 discharged. And that is through a challenge for cause 21 which is a legal reason. That's not a strike that they -0 22 use because they don't like you. That's a legal reason 23 that comes up during the questioning that you're not --

0 24 you're not able to serve. 0 25 So, after all the challenges for cause and

DENISE C.PHILLIPS, CSR

\/ OFFICIAL COURT REPORTER -t:j~-------- --~----------~-7-;2-N-B-BJ:-S-TRI-C'I'-CGURT--------~----- ------------ D 0

8 D after all thes~ strikes are used, the 12 that are first 1 left are the jurors in the case. 2

D They're going to be asking you about a 3 0

couple of areas. They're going to be going into your.

4 5 past, asking you about your life experiences because our

0

life experiences make impressions upon us. And if we get

6 on a jury and something similar to that comes into play, 7 0 some of those old feelings, those old -- even 8 0

subconsciously sometimes, those old impressions come into

9 play in this case. 10 0

And that might mean that you couldn't be

11 0 fair to one side or the other. So, if they begin to ask 12 you questions that you believe touch on things that might 13

0 14 make you less than fair or unable to be fair to one side or the other, please express that to the lawyers. They 15 0 need to know that. 16 0 If they bring up something that is a little 17 18 bit private -- and if they're doing their job, they will

0 19 border on invading your privacy-- you can say, "I'd 0 rather talk to the Judge about that later," if you feel 20 that you'd rather not talk about it in ~rant of the entire 21

0 group. We'll bring you up at a long break at the end of 22 23 the group questioning, and we'll allow you to talk to us

0 just by yourself and the lawyers and me here at the front 24 0 later on. 25

DENISE C.PHILLIPS, CSR

[/ OFFICIAL COURT REPORTER ' -1:::\-------- -----·---- --·--------------------------2-7-2-NB-BTSTR-I-CT-CE>HRT---------------- ------------ D 0

9 D So, all you need to do is just say, "I'd 1 like to talk to you about that or talk to the Judge about 2 O that later." 3 0

You know, for instance, if you have been --

4 5 if this was a drunk driving case, hypothetically

0

speaking -- which it's not -- and you had been the victim

6 of a drunk driver or were close to someone who was, you 7 0 8 might not be able to be fair to the accused, if this were 0

a drunk driving case. So, you need to -- you would need

9 to let us know about that. 10 0

On the other hand, if you had been

11 0 12 mistreated by a police officer and if this was a police testifying case and due to that what you felt was 13 0 14 mistreatment you just didn't believe you could ever believe a police officer or you'd be prejudiced against 15

0 the State because of that -- how you were mistreated in 16 0 that case, that also is something you should tell the 17 lawyers about. 18

0 19 The other area they're going to be going -0 into is law. Each side always has certain laws that they 20 21 depend on for to represent their respective sides. They

0 22 may touch on a law that you don't agree with, that you don't know if you could follow that law. This inevitably 23 0 happens when laws are being discussed with jurors. 24 0 I want to assure you, if we sat here and 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

f~/ -tj------ -- -~ ------------------------2--9.ZN-B-D-LSTR-I-eT-e01:T-RT-~----- ---------------~- -----------~- D n

10 O talked about the law long enough, we would come to a law 1 n that each and every one of you would have a problem with. 2 Not all of you would have a problem with the same one, but 3 0 some one law that you personally would have a problem 4 5 following.

0

That is another thing you should tell the

6 lawyers. If they bring up a law you just don't think you 7 D could follow, it's okay to say, "Judge, I just don't 8 D believe I can follow that law if I'm on the jury." Be 9 sure and let them know that. 10 0 11 Keep your voice up. Our court reporter over 0 12 here, Denise Phillips, is trying to take down everything 13 you say and I say. Hold up your card when you begin to

0 14 answer questions. That's so that we can get your number for the record. If the lawyer's standing between you and 15

0 16 the eyes of the court reporter where she can't see your 0 17 number, try to hold it out to the side. 18 We don't need for you to just hold it up the

0 19 entire time you're answering, because your arm will get 0 sore doing that. Just hold it long enough for her to see 20 it, for the lawyer to see it, call on you and then make 21

0 sure she can see it; and then, you can put your card down. 22 23 The -- the work that we're doing here is

0 very serious. We're looking for 12 jurors that can be 24 0 25 fair to both sides-of this case. If you've ever been the

DENISE C.PHILLIPS, CSR

\/ OFFICIAL COURT REPORTER --8--- ---- ------------ ------------------------------2-7-2-N-8--8-I-S!F-R-I-G-T-GGHR.!:F----------------------- ----------- 0 0

11 D-- victim of a crime or were the close relative or a loved 1 one of somebody who was, I think you probably personally 2

Ll

understand and realize how important the criminal justice

3 B system is because you've been down that path before. 4 On the other hand, if you've ever been 5

D

6 wrongfully accused of a crime in your life or were close to someone who was· and I assure you it does happen from 7

O time to time, ladies and gentlemen -- you also know how 8 0 important our criminal justice is. 9 I am proud of the fact that we bring in 10 0 people like you to make these decisions. I'm a firm 11 ( 0 12 believer in the jury system. We don't want to turn the 13 system over to lawyers, ladies and gentlemen. We'll mess 14 it up. As long as we're bringing in people like you off 15 the street to sit in that box and make decisions, we're going to have a good brand of justice down here. 16 17 Thank you for coming today. At this point, 18 I'll turn it over to the lawyers. The State gets to go first because they have the burden of proof. And each 19

Q 20 side will introduce their respective parties in the case. 21 Go right ahead, sir. 0 22 MR. CALVERT: Thank you, Judge. 23 VOIR DIRE EXAMINATION BY MR. CALVERT

0 24 MR. CALVERT: Good morning. 0 25 VENIREPERSONS: Good morning. · DENISE C.PHILLIPS, CSR . r/

OFFICIAL COURT REPORTER

-t;j---------------- ------------------------2-"l:imD-D-rSTR-rCT-·COURT-----:---------------- --·------------- 0 0

12 D MR. CALVERT: That wasn't bad for a Tuesday 1 I'm a prosecutor here morning. My name is Ryan Calvert. 2

[J at the District Attorney's Office in Brazos County. I 3 0

work for your elected D.A., Bill Turner. Trying the case

4 with me this week is going to be Will Ward. Will is ·5

0

another Assistant D.A. here.

6 Right here is the Defendant in this case, 7 D

Mr. David Greer. And up here is the Defense attorney,

8 0

Mr. Earl Gray.

9 Does anybody o~t there know anybody up here? 10 -0 Yes, sir, who do you know? 11 0 VENIREPERSON NO. 4: Mr. Greer. 12 MR. CALVERT: You know Mr. Greer? Okay. 13

0 14 And you are Mr. Kelling? 15 VENIREPERSON NO. 4: Sparks.

0 MR. CALVERT: Oh, I apologize. Mr. Sparks. 16 0 17 How do you know Mr. Greer? 18 VENIREPERSON NO. 4: Mutual friend of the

D

family. 19 0 MR. CALVERT: How long have you known him? 20 21 VENIREPERSON NO. 4: Gosh, about 20 years. 0 MR. CALVERT: Long time. Okay. Fair to say 22 as a friend that you've known for 20 years, probably 23

0 couldn't be -- probably wouldn't be the most impartial or 24 0 25 objective juror on Mr. Greer's case? Would that be fair?

DENISE C.PHILLIPS, CSR

rl

OFFICIAL COURT REPORTER

--{;j--- ~-- -- ------------------ - ---------~ -~--- ----~-- ----~--------2~7--2-N-:9--fl-I-S-'1'-R-I-G-T--GE>BR'=.P----- --- -- ----- -----~----- ~-----~~------~--- 0 D

13 0 VENIREPERSON NO. 4: Yes. 1 MR. CALVERT: Okay. 2

0 VENIREPERSON NO. 4: I wouldn't be 3 0

comfortable convicting him or not convicting him.

4 MR. CALVERT: I understand. I appreciate 5

0

that, Mr. Sparks.

6 0 Anybody else know anybody up here? Wow. 7 All right. 8

0

Yes, ma'am?

9 VENIREPERSON NO. 23: 10 I know the attorney. 0 MR. CALVERT: You know Mr. Gray? You don't 11 0 need to be shy about it. It's okay to know Mr. Gray. 12 _13 He's a good guy.

0 14 How do you know him? 15 VENIREPERSON NO. 23: My professor.

0 16 MR. CALVERT: He was your professor? Okay. o-~- And you're a paralegal; is that right? What type of work 17 do you do? 18 o 19 VENIREPERSON NO. 23: Real estate. 0 MR. CALVERT: All right. So, you come to 20 21 court -- y'all come to court a lot and do a lot of the

0 jury trials, right? No, it's all paper, isn't it? 22 23 VENIREPERSON NO. 23: Uh-huh.

[] MR. CALVERT: All right. 24 0 VENIREPERSON NO. 23: Tom Geisenschlag, 25 DENISE C.PHILLIPS, CSR n

OFFICIAL COURT REPORTER

-8--- ---~--~~---- ----------~----------~-~~-----~-~-2-7-2-N-B-B-I-S-'P-R-I-e'I'~-eeUR-T------------------- ---~--~----- n

14

Ll Brazos County Abstract Company. 1 THE COURT: Let me have the lawyers come up 2 0 here just a minute. 3 (Bench conference:) D 4 THE COURT: I've got a problem with No. 4. 5

D

Do you have any problem letting 4 go? 6 MR. CALVERT: That's fine, Judge. 7 0

MR. GRAY: No, that's fine.

8 0

(Bench proceedings concluded.)

9 THE COURT: Juror No. 4, I think we probably 10 0 need to let you go. And there's no use in keeping you 11 0 around all morning. 12 So, you can go, sir. 13

0 VENIREPERSON NO. 4: Okay. Thank you very 14 much. 15

0 THE COURT: You can leave the courtroom. 16 o- 17 Ladies and gentlemen, we're going to be going here most of the morning; and I should have done o 18 this before I turned it over to the State. I pardon this 19 0 interruption. 20 Both sides are going to be talking to you. 21

B

22 Each side is going to talk to you for about an hour, maybe a little more, ask you questions. We'll be here for most 23

[}

of the morning, and we may even go into the noon hour.

24 0 So, here's the question I want to ask you: 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

_Q ____ -- -- ----- ~- ----------------------~----------~-~2~-2-N-D-DI-S '1!-R-I-G-'I'~GGU-R-'I'----------~------------- ------------------- [} n

15 8 How many of you would rather just go ahead and work 1 r through the noon hour and get through with this and get 2 0

out of here -- those of you who are not on the jury -- as

3 0 soon as we can? As opposed to the other option, and that 4 is, to take a lunch break, an hour and 15 minutes, come 5

0

back and get through later in the afternoon then you would

6 otherwise? 7

0

How many of you would rather just work on

8 0 9 through the noon hour and get through? Raise your hands. 10 (Show of hands.) 0 11 THE COURT: And how many of you would rather D 12 take a noon break and come back later? 13 (Show of hands.)

0 14 THE COURT: All right. The Option 1s have 15 it; so, that's what we'll do.

0 Go right ahead, Mr. Calvert. 16 o-- 17 MR. CALVERT: Thank you, Judge. 18 All right. Ms. Henry, when was Earl your

D 19 professor? How long ago was that? 0 VENIREPERSON NO. 23: Two years ago. 20 21

MR. CALVERT: Okay. Is there anything about 0 22 the fact that he was your professor or that relationship u 23 that's causing you to come in here biased in favor of him, 24 against him 0 25 VENIREPERSON NO. 23: I am friends with one n DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

-bJ----·---·· -------- --~----·----------------2-'7-2-N:Q-:Q-I-S'I'-R-:tG--'I'--GGUR'I'~----------·- -------~---- 0 D

16 0 of his paralegals. 1 MR. CALVERT: Okay. Is that something -- if 2 0

you're honest with me and honest with yourself, is that

something that would make you uncomfortable as a juror?

VENIREPERSON NO. 23: No. THE COURT: Okay. so, you're good? VENIREPERSON NO. 23: Yes. MR. CALVERT: All right. Thank you, ma'am.

I appreciate it. Anybody else that I missed know anybody up here? I'm shocked after one person said, "Yeah, I know somebody," and that person isn't here anymore, there's no more.

Yes, ma'am? VENIREPERSON NO. 1: I just know Mr. -- MR. CALVERT: You know Ernie? VENIREPERSON NO. 1: A long time ago I used

to be a cashier at Kroger, but I just know him -- he was a police guard of the store.

MR. CALVERT: Yes, ma'am. Anything about that that is going to make you VENIREPERSON NO. 1: No. MR. CALVERT: All right. Very good. Anybody have questions about anything before

we jump into some law? Anything y'all are curious about

DENISE C.PHILLIPS, CSR

0

17

o. or wondering about right now? I know there are -- what's 1 2 the first question everybody always has in situations like

D 3 this? How long is this going to take, right? Heads are 0 nodding. Yes, that's my question. 4 Well, myself and Will in the next six to 5 0 eight weeks, we look forward to presenting this case to 12 6 0 of y'all. No, this is going to be-- it's going to be 7 pretty quick. Scheduling-wise here's how this is going to 8 0 go. 9 You asked the question about are we just 10 0 talking about jury selection? That's all we're going to 11

Q

12 do today. Okay. We're going to do this process today. 13 And it'll take most of the day.

0 14 Like the Judge said, I'm going to talk to 15 y'all for an hour, hour and 15, somewhere in there. When

0

I'm done, Earl will have a chance to talk to y'all. The

16 o- good news is invariably because we go first, we always end 17 o up going over stuff that they were going to go over so 18 usually -- no pressure, Earl -- but usually theirs doesn't 19 0 take quite as long as ours does because a lot of it would 20 be repetitive. 21

0 22 But we're going to get through that process today; and then, the Judge will give y'all a fairly long 23

0 break, 20, 30 minutes, give us a change to make our 24 0 strikes, maybe talk to some of y'all individually; and 25 DENI$E C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0----- ·- ·---~--- -----------------------------~--2-'7-2-N-B~B-I-STR'I-eT--eeURT-------------------------- ~---------------

[J

") ll

18

0 1 then, at the end of the day, we'll have a jury seated and 2 that will be what we'll do today.

0 3 We'll start tomorrow morning with the actual D 4 evidence portion of the trial. We usually start around n 6 5 9:00 o'clock in the morning, 9:00, 9:30, somewhere in there. And the Judge is real good about keeping business 0 7 hours, try to break as close to 5:00 o'clock at the end of 8 the day as we can. And I think this case will probably 0 9 there's an outside chance it could be over tomorrow, or it 10 might·bleed into Thursday. I don't think it will go any 0 11 past that. All right? 0 12 I almost made a mistake. We were in trial 13 last week or I guess two weeks ago, and I was doing this

0 14 part of the trial. And I made the comment that somebody 15 said they had nonrefundable plane tickets Thursday of the

0 16 next week, which was last week; and I said, "Man, if we're 0 17 still here Thursday of next week, something has gone 18 horribly, horribly wrong." And, boy, we almost made it.

D 19 We made it until late Tuesday night -- probably should 0 20 have gone into Wednesday, but I was getting nervous. 21 This one isn't going to take that long, but 0 22 it is very important. 23 So, that's kind of what the schedule is

0 24 going to look like for the rest of the day. Is there -o 25 anybody that has, like, nonrefundable plane tickets

DENISE C.PHILLIPS, CSR

-0--~-- -- ---------- ---------------------------~~-~-~-~~~~-I-~~~-~~T~~-~~~~E~---··-----------·---------- ----- ______ ... _- -------------------· 0 [l

19 n __ tomorrow or the next day going to Hawaii or anything like 1

";'"J

that? 2 0 VENIREPERSON NO. 8: Not necessarily 3

B

4 nonrefundable, but I'm leaving the state Thursday and Friday. 5 0 MR. CALVERT: Thursday and Friday? 6 VENIREPERSON NO. 8: Correct. 0 7 MR. CALVERT: Is that for work? 8 0 VENIREPERSON NO. 8: For work. 9 10 MR. CALVERT: Okay. If -- let me ask you 0 11 this: If this trial were still going, is that something 0 that would be a real hardship on you if you were no~ able 12 to go? 13

D 14 VENIRE PERSON NO.·- 8: , It's -- I'm the main assistant, and I have to go. 15 0 16 MR. CALVERT: You have to go. -o-- 17 VENIREPERSON NO. 8: Yes. 18 MR. CALVERT: Okay. Obviously, if something

io 19 were to happen and you couldn't go, is that something that 0 20 would be a distraction to you, the fact that you're not 21 going on this trip that you have to go on? 0 22 VENIREPERSON NO. 8: I mean, if -- if -- it 23 could be, yeah.

0 24 MR. CALVERT: Okay. All right. And you're 0 25 a -- is it Mr. Schlechte?

DENISE C.PHILLIPS, CSR

({ .. . OFFICIAL COURT REPORTER ·-bi--· ----·----·------ -·-------~----~---~----~Q-7-2-N-B-B-I-S-'F-R-I-G-'P--GGT:TRT-------------~----- ---------------- u 0

20 [1 VENIREPERSON NO. 8: Yes. 1 n \_, MR. CALVERT: Did I say that correctly? 2 VENIREPERSON NO. 8: Yes. 3 0

MR. CALVERT: What type of work do you do?

4 VENIREPERSON NO. 8: Accident 5

0

reconstruction.

6 MR. CALVERT: Who do you work for? D 7 VENIREPERSON NO. 8: James Locke. 8 u

MR. CALVERT: Okay. And do y'all work

9 primarily for attorneys or what? 10 0 VENIREPERSON NO. 8: Correct. 11 0 MR. CALVERT: Insurance companies, or do 12 13 y'all do work for criminal lawyers or what?

D

VENIREPERSON NO. 8: A little bit of 14 everything. 15

0 MR. CALVERT: Okay. Okay. How long have 16 o--- you been doing that? 17 VENIREPERSON NO. 8: Four years. o 18 19 THE COURT: All right. Very good. u 20 VENIREPERSON NO. 8: And I don't know if 21 it's important, but we had a former employee that the D.A.

D

is investigating. 22 MR. CALVERT: Oh, okay. Well, let's talk 0 23 about that. How do you feel about that? 24 0 VENIREPERSON NO. 8: I'm not too happy about 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-0----- -- ------- - ----------- ---------- ----- -- --- --------- --2-/2-ND-D-J:-S TR-I-CT-COURT ____ ----- -------- -- ----- -- ----- ----- ---------- 0 0

21 fl -:I it. 1 MR. CALVERT: Not too happy with our office? 2

0

VENIREPERSON NO. 8: No, with her.

3 B MR. CALVERT: Oh, okay. So, you're very 4 happy with our office? I like your attitude, Mr. 5

0

Schlechte.

6 VENIREPERSON NO. 8: Yes. 7

D MR. CALVERT: Is there anything about that 8 ·o

.situation besides the fact that our office is currently

9 investigating somebody that you used to work with that 10 0 11 would affect you in any way in this case as a juror? 0 12 VENIREPERSON NO. 8: Only towards her. MR. CALVERT: Okay. Very good. I don't 13

0 think she's going to be involved in this case, but I 14 appreciate it. 0 15 VENIREPERSON NO. 8: No. 16 ·n··- 17 MR. CALVERT: All right. Any other 18 questions about anything before we kick off?

~ What's the second the first question is 19 D 20 always how long is this going to take? The second question is always what? What is this case about, right? 21 u 22 And what's the one thing we can't tell you at this point? What is this case about? We're not allowed at this point 23

D

to go into what this specific case is about, what the 24 0 25 facts of this case are. If you think about that, that

DENISE C.PHILLIPS, CSR

r1

OFFICIAL COURT REPORTER

-}:j--- --- ---- _ ____:_ ____________ -----------------------------------2-9-2-ND-B·I-STR-I-eT--eeURT----------------------------------- -------------·------------.-- 0 f}

22 (l 1 makes sense. n 2 It would not be fair to Mr. Greer if I could get up here and go, "All right. We have X fact, Y fact 3 v 0

and z fact. What would you do? I like that answer. You 4 - / can stick around. You, nope, I don't think I like that 5 0 one. You're gone," and so on and so on. 6 We can't do that. Okay? So, if it seems to 0 7 y'all that myself or Earl are speaking in very broad terms 8 (1 9 and in general terms, in hypothetical terms, it's because

L1

10 that's exactly what we're doing because that's what the 0 law requires of us at this point. All right? 11 0 Let me'ask y'all this: Let's go back to 12 high school, high school civics. This is a criminal case. 13 D 14 How many of y'all watch the law shows on TV? I know more people than that watch the law shows. That's all that's 0 15 on TV now, right? You can't turn the TV on without a law 16 -n--- show being on. 17 18 In a criminal case, who has the burden of

0 19 proof, me or them? 0 20 VENIREPERSONS: You. 21 MR. CALVERT: We do, Ryan and Will. Always, D 22 always, always. The burden of proof is here with the State. It never, never shifts over here. As he sits here 0 23 right now, Mr. Greer is what? 24 0 25 VENIREPERSONS: Innocent.

DENISE C.PHILLIPS, CSR

n OFFICIAL COURT REPORTER . --}:j----- ------- ------------ -·----------------------------- ---------2-7--2N-B--B-I-S-TR-I-ET-e0HRT---------------------- --------------------- -- fl

23

D MR. CALVERT: Innocent. And he stays 1 innocent until when? 2

[J

VENIREPERSONS: Proven guilty. 3 u 4 MR .. CALVERT: Until proven guilty by who? VENIREPERSONS: By you. 5 0

MR. CALVERT: By Ryan and Will, right?

6 ·o Okay. Now, those of you that watch the law 7 shows, what's the burden of proof in a criminal case? 8 0 Proof beyond a? 9 VENIREPERSONS: Reasonable doubt. 10 0 MR. CALVERT.: Y'all are good. Usually I 11 0 trick somebody up, and they go, "shadow of a doubt," 12 because that's what I saw on TV. 13

0

.14

Okay. We're going to talk about that ~n a 15 minute. But let's talk for a minute about what that

D

16 means, what the burden of proof means and what 0 - ----~ .. -- ---- -- --------------·-·---·-- ----·--- ---· ----·--------------------------- ----t- . __ _ 17 specifically we have to prove. 18 The Legislature in this big old fat book

0 right here has defined each and every crime in the State 19 0' 20 of Texas. And the way they define crimes are through what 21 are called elements. Element are just specific factual

D

22 things that Ryan and Will have to prove. And if we prove 23 each element of the offense to the jury beyond a

0 24 reasonable doubt, the jury is required by law to come back D 25 with what verdict?

DENISE C.PHILLIPS, CSR

_g ~--- ~- ----·-------- ~~ -----~------------------~~~~~~~~I~~~~~T~~~~~~~!:-~- - ~-- --~--- - --~--~~--~- --~---------------~- 0 r' J

24 VENIREPERSONS: Guilty~ 1 MR. CALVERT: Guilty, right? If we fail to 2 prove any element of the offense, the jury is required by 3 law to come back with what verdict? 4 VENIREPERSONS: Not guilty. 5 MR. CALVERT: Not guilty, right? Everybody 6 7 with me?

Like the Judge said, in this case, Mr. Greer 8 is charged with unlawful possession of a firearm by a 9 10 felon. These are the elements of that offense. These are 0

the specific things that we have to prove.

11 One, the defendant, we have to prove that [J 12 the person on trial is actually the same person that 13 0 committed the offense. Two, has been convicted of a 14 felony and possessed a firearm. Okay? 15

0 That's kind of a bare-bones outline. That's 16 0 the elements of unlawful possession of a firearm by,a 17 felon in Texas. 18

Q

Now, we're lawyers; and so, for lawyers, 19 nothing is ever this simple, right? We have to have long 0 20 definitions and stuff. The possession of a firearm has to 21 0

be within five years of the defendant's release from

22 either confinement or parole, whichever is later. All 23 0

right?

24 0

So, if somebody is convicted of a felony and

25

DENISE C.PHILLIPS, CSR

n

OFFICIAL COURT REPORTER

-t::J-------- ------------- -----------------------2·7-:~m-:E>--:E>-:r-s TR-:teT-eOURT------------------------------ ------------------ 0 n

25 0-- they go to prison and they're in prison for five years and 1 2 then they're on parole for another ten after that, the

D

possession has to be within five years of the time they 3 0 4 get off of parole. Does that make sense? All right. 5 MR. GRAY: Judge, my only objection would be

n 6 there's also the rest of it entails probation as well. 7 MR. CALVERT: Well, it does, Judge -- 0 MR. GRAY: Parole and probation. 8 0 9 MR. CALVERT: Yeah. 10 MR. GRAY: That's the entire definition. ·o 11 MR. CALVERT: It is, Judgei but I'm only 0 12 talking about the portions of the law that would be relevant in the case. 13

0 14 MR. GRAY: Well, then, Judge, I would object -- 15

0 16 THE COURT: Come on up. -rJ ~-- --. - - ~. ---- 17 MR. GRAY: -- that's a Standifer objection. 18 THE COURT: Come on up here.

0 19 (Bench proceed~ngs:) 0 THE COURT: Tell me what you're talking 20 about on probation now. What's the law on that? 21

'0 22 MR. GRAY: Well, the way the Penal Code 0 23 reads, it's five years after discharge from the penitentiary or parole or probation. They left out the 24 0 25 probation part. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

1J - --------------------- --------~------------~-----2-7-2-ND--D-I-£~R-I-G--'T-GGU-R--'T----------~------------------ -------------~-- 0 0

26 D THE COURT: Is he one of those or not? 1 MR. CALVERT: No, he doesn't qualify. 2

0

MR. GRAY: But in commenting on that, I

3 0 would object under Standifer, Judge, he's basically now 4 committing the jury panel to the fact that he's either in 5 f] prison, which he isn'ti so, he's on parole. So, we're 6 getting into the facts of the case. 0 7 THE COURT: He's on parole? 8 0 MR. CALVERT: It's an element of the offense 9 that we have to -- I'm going over the elements of the 10

D

11 offense. 0 THE COURT: Okay. So, you're going under 12 release from confinement? 13

D

MR. CALVERT: No, no, no, it's release from 14 confinement, penitentiary or release -- discharge from 15

0 parole. 16 a- 17 THE COURT: Which is applicable in this o case? 18 19 MR. CALVERT: He's still on parole. 20 MR. GRAY: Still on parole. 0 21 THE COURT: How are you prosecuting if he's '0 22 still on parole because that would be five years after? 23 MR. CALVERT: No, no, it has to be within

0 24 while you're still on supervision or -- 0 25 THE COURT: Okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

!0------ ----- --··---------------- ---2-7-'2-N-B-B-I-S-T-R-I-G-T-G0l:JRT-------------·----------------- ------- --···-·---·- ----------- 0 0

27 (Bench proceedings concluded.) 1 D- THE COURT: All right. I'm going to 2 O overrule the objection. 3 0 MR. CALVERT: All right. Let's talk about 4 5 what some of these words mean. Possession -- where's my

0

chart.

6 Ms. -- I would pick a hard one right up 7 0 front. Is it Galimbertti? 8 0 (Nods head.) VENIREPERSON NO. 15: 9 MR. CALVERT: Did I say that correctly? 10 0

VENIREPERSON NO. 15: Close enough.

11 MR. CALVERT: All right. Close enough Q, 12 13 anyway? 01 VENIREPERSON NO. 15: Yes. 14 n MR. CALVERT: Possession, what does that 15 16 mean to you? What does it mean to possess something?

,u-· VENIREPERSON NO. 15: That you have it. 17 18 MR. CALVERT: That you have it. Okay.

0 :-- Ms. Blair, how about you? What do you 19 g· 20 think? VENIREPERSON NO. 14: In your hands. 21

D

MR. CALVERT: In your hands. 22 23 All right. Is it Dr. Schlitter?

D VENIREPERSON NO. 13: Yes. 24 0 MR. CALVERT: Dr. Schlitter, what do you 25

DENISE C.PHILLIPS, CSR

Q . · OFFICIAL COURT REPORTER -· -------- .. ___ --·-·- --------·-----------------2-7-2NB--B-I-S-'I'R-I-e-T-e0l:JRT-----------------·----- -------------------- , I .

28 1 think, that word possession? What does it mean to possess 2 something?

VENIREPERSON NO. 13: If you have it under 3 your control. 4 MR. CALVERT: Okay. Under your control. And what -- you were a professor, correct? VENIREPERSON NO. 13: Yes. MR. CALVERT: And what did you teach? VENIREPERSON NO. 13: Biology. MR. CALVERT: Biology? VENIREPERSON NO. 13: Yes. THE COURT: Thank you, ma'am. Ms. Bernal, what do you think? Possession,

what does that word mean to you? VENIREPERSON NO. 12: To have something; MR. CALVERT: To have something. All right. Mr. -- is it Slovak? VENIREPERSON NO. 11: Yes. MR. CALVERT: What do you think, sir?

\ VENIREPERSON NO. 11: Well, it doesn't say ownership, so I would think possession means within your control.

MR. CALVERT: Okay. Very good. It doesn't say ownership, right? That's exactly right. Okay. Mr. -- is it Dr. Smith?

DENISE C.PHILLIPS, CSR

\" OFFICIAL COURT REPORTER

\-- --- --- -- --- -- ----------- -------------;---272ND-DISTRICT-COURT ___________ ---------- ----------- -------------------

l 29 J VENIREPERSON NO. 10: No. 1 THE COURT: Mr. Smith, you're a professor as 2 3 well, right?

VENIREPERSON NO. 10: Yes. 4 MR. CALVERT: What do you teach? 5 VENIREPERSON NO. 10: History, American 6 7 History.

MR. CALVERT: Okay . . What do you think 8 possession means? 9 VENIREPERSON NO .. 10: I would say it's 10 n J • . , control but not ownership . 11 12 . ~R. CALVERT: All right. Y'all are exactly 13.- right. Okay. Possession is one of these words that is 14 legally defined in Texas. And the legal definition of possession is care, custody, control, like y'all said, or 15

), a

management. Any one o-f those things. Okay?

Now, Ms. Blair, you said in your hand, right? VENIREPERSON NO. 14: Uh-huh. MR. CALVERT: Are you possessing that No. 14

right now? VENIREPERSON NO. 14: Yes. MR. CALVERT: Yeah. ·Because it's in your

hand, right? VENIREPERSON NO. 14: Uh-huh. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

--------- ---------------------------2?2-ND-nT-STRTCT-COURT ______ --------------- --------------- 30 ~ MR. CALVERT: Is your purse in your hand? 1

J

Do you have a purse with you today? 2 I do. VENIRE PERSON NO. 14: 3 MR. CALVERT: Are you possessing that purse 4 right now? 5 VENIRE PERSON NO. 14: Yes. J 6 MR. CALVERT: Why? It's not in your hand? 7 } VENIRE PERSON NO. 14: It's close enough to 8 9 me. MR. CALVERT: Okay.

10 } VENIRE PERSON NO. 14: It's in my hand in a 11 } 12 split second. MR. CALVERT: Okay. Very good. Is this 13 yours, Will? I walked off with Will's pen. 14 This is -- this is my pen. I stole it from 15 16 Will. Will you hold that for me? VENIREPERSON NO. 12: Yes. 17 MR. CALVERT: Thank you. I want you to hold 18

:] 1 that for me, but don't give it away or anything. I'm

19 going to need it back later. Okay? 20 21 VENIREPERSON NO. 12: Okay. MR. CALVERT: Okay. Thanks. Just hang on 22 23 to it for me. 24 Ms. -- is it Nieto?

VENIREPERSON NO. 2: Uh-huh. 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

}

'~~- -~--~- ----~-----------~- --2-7-2N-D-D-I-£~-RI~G~-GOUR'I'-~-----~~-~------~-~- ----~---

31 \ MR. CALVERT: Did I say that correctly? 1 j -- VENIREPERSON NO. 2: Yes. 2 ( MR. CALVERT: All right. I just gave her 3 that pen to hold for me, but I'm going to get it back 4 1 later. Okay? 5 ~ VENIREPERSON NO. 2: Okay. 6 MR. CALVERT: Is she possessing that pen 7 } right now? 8 VENIRE PERSON NO. 2 : At the moment, yes. 9 1 Why? MR. CALVERT: Yeah. 10 ~ i Because you gave it to VENIRE PERSON NO. 2: 11 } her to hold on to. 12 MR. CALVERT: Yeah. Am I possessing it? 13 } VENIRE PERSON NO. 2: No. 14 MR. CALVERT: Anybody think otherwise? Oh, 15

~ I see a head nodding back here. Is it Ms. -- help me. 16 17 VENIREPERSON NO. 42: Ford.

~ 18 MR. CALVERT: Ms. Ford.· Ms . Ford, you're ~ hiding back there, Ms. Ford. You say I am still 19 possessing it. Why? 20

~ 21 VENIREPERSON NO. 42: Because it's yours, ~ 22 and you intend to get it back from her. 23 MR. CALVERT: Yeah. Okay. What do you

~ think about, Mr. Davis? 24 25 VENIREPERSON NO. 41: I think that's

] DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ ~---~---------- -----------------------------2-72 ND-DI S'I'-R-IC'I'-COUR'I'----------------~----- -----------~-- J

32 ] correct. 1 MR. CALVERT: You think that's correct. 2

J

is it Mr. Irvin? 3 What do you think 4 VENIREPERSON NO. 33: Yes.

] MR. CALVERT: What do you think? They say 5 l I'm possessing that right now. I'm not even touching it, 6 u 7 man. She's got it over there. Why am I possessing it? } What do you think? 8 ~ VENIREPERSON NO. 33: Because you gave her 9

J

10 instructions that it remain in her possession and to

J

11 return it to you. 12 MR. CALVERT: Okay.

J

13 THE REPORTER: What number are you, sir? 14 MR. CALVERT: Okay. I'm sorry. Mr. Irvin,

J

15 No. 33, right? AS opposed to the other Mr. Irvin who was J 16 No. 88. 17 Okay._ Mr. -- let's go down that row.

J

18 Mr. Moore, what do you think about that? Am

J

19 I possessing that pen? 20 VENIREPERSON NO. 30: You still have it. I

J

21 say you still have control and management over it. 22 MR. CALVERT: Okay. Okay.

·J 23 What do you think, Mr. Masterson? ~ 24 VENIREPERSON NO. 35: I think that you are 25 no longer possessing it.

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~-- · · - - · -

--------~------ ----~------222ND-DTS.TRICT-COURT--~--~--------·-- ·---~----

l j 33 l MR. CALVERT: Okay. Tell me why. 1 VENIREPERSON NO. 35: Because she now has 2 the care and management of it until she gives it back to 3 you. 4 MR. CALVERT: All right. What do you think, 5 Ms. -- is it Strickman?

VENIREPERSON NO. 36: Steckman. MR. CALVERT: Steckman. I apologize. What

l do you think, ma'am? I mean, you're No. 36; is that right?

J

VENIREPERSON NO. 36: Yes. MR. CALVERT: Okay.

J

VENIREPERSON NO. 36: The pen would belong to you, but you have no control over it right now because it is in her possession and whatever she does with it, it's her fault.

MR. CALVERT: Okay. Let's go forward. Mr. -- is it Mr. Hernandez, No. 19, what do

you think, Mr. Hernandez? VENIREPERSON NO. 19: I say she has

J

possession of it. MR. CALVERT: She does, clearly. Does anybody in here dispute that she has possession? You're not disputing you possess my pen, right?

VENIREPERSON NO. 12: No.

DENISE C.PHILLIPS, CSR

J ___________ -------------------0-~-~~-~-~A~~~~~~~~ R~~~~;ER _____________ , _______ _

J

34 1 MR. CALVERT: Okay. Don't throw it away or 1 anything. 2

J

No question she has possession. But what do 3 you think? Can she possess it and I possess it? Is that 4 ~ possible? What do you think, Mr. Hernandez? Can two 5 ~ people or three people or 20 people possess the same thing 6 at the same time? 7

J

VENIREPERSON NO. 19: I would say no. 8 MR. CALVERT: You would say no. Okay. What 9

J

do you think? Let's go right down that row. What do you 10

J

11 think, Ms. -- you're going to have to help me with this one. 12

J

VENIREPERSON NO. 18: Defrancesco. 13 ~

.

' 14 MR. CALVERT: That's exactly what I was going to say. What do you think, Ms. Defrancesco? 15

J

VENIREPERSON NO. 18: I don't think you have 16 17 possession of it. You don't have control over it.

J

MR. CALVERT: Okay. Yes, sir. What do you 18

J

think? Were you holding up your hand? 19 20 VENIREPERSON NO. 11: Well, I do have a

J

question about it. 21 ~ 22 MR. CALVERT: Yeah. 23 VENIREPERSON NO. 11: What about the reason for giving it away? Is -- what if the reason for giving 24

] 25 it away is because I'm not supposed to have it.

DENISE C.PHILLIPS, CSR

~~ .. ~-~- ---- -----~--~~~~~--~0~.~~~-~-~~~~~~~-~~T~~~~-~~E~---~------- 35

J

MR. CALVERT: Okay. How does that work? l-- 1 Tell me what you're thinking. Flesh that out for me.

2

J

What are you thinking? 3 VENIREPERSON NO. 11: If I'm not supposed to 4

J

be in possession of something, so I give it away to 5 l somebody else, I don't have it anymore. 6 MR. CALVERT: This is not a box of Kleenex. 7

J

I know it looks like one. But it's not. It's a kilo of 8 cocaine. Okay? I don't want that. Here you take it. 9

J

10 I'm not supposed to have that, right? And you're, like,

J

wait, no, I don't want that either. I'll take it. 11 12 I knew what this was, right? Okay. I knew

J

13 what this was, and I had this -- you bring up an J interesting point. If you 14 legally, are you in_ 15 possession of something-- let's -- let's do this a little ~ bit different. What your name, ma'am? 16 ~ 17 VENIREPERSON NO. 3: Marilyn Mathis. 18 MR. CALVERT: Marilyn, let's say on a break ~ 19 you leave the courtroom; and you leave your purse. You've 20 got a big red bag down there_. You leave your purse here,

J

21 and I take some methamphetamine that we have back there in ~ 22 the evidence deal, and I put it in your purse while you're 23 out there. Okay? You don't know that this has happened.

J

All right? 24 25 VENIREPERSON NO. 3: Uh-huh.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~---:~--- ------·~-------------------2-7-2N-B-DI~STR-I-CT-C0URT--------------------- -------------------- ,

J

36 1 MR. CALVERT: And you come back in and you l-- 1 leave for the day and take your bag with you. Are you

2 l exercising, custody, control or management over that 3 4 methamphetamine?

J

VENIREPERSON NO. 3: Evidently, but that 5

J

ain't going to happen. I'm not leaving my purse. 6 MR. CALVERT: Well, a wise policy for sure. 7

~

J

But what do you think? Let's say that happened. Are you

8 in possession of the methamphetamine? 9

J

10 VENIREPERSON NO. 3~ Sadly, yes.

J

11 MR. CALVERT: Yeah, you are. Under those 12 circumstances, though, would you be committing a crime?

J

13 It is illegal to possess methamphetamine except you have J 14 to know you're possessing it, right? And that kind of gets to what you're talking about, Mr. Slovak, right? 15

J

VENIREPERSON NO. 11: Yes. 16 17 MR. CALVERT: In order to possess something

J

18 and it be a crime to possess it, you have to be aware of j 19 your possession of it for a long enough period that you could have terminated your control over it at any point. 20

J

21 For example, if you are ~- you go to get 22 your keys and you find a little Baggie of meth and you go,

J

23 "Good Lord, this is a Baggie of meth;" and there's a cop

J

24 standing there; and you go, "Officer, I just found this in my bag. 25 I think somebody planted it in here." At that

DENISE C.PHILLIPS, CSR

L-- ------ ---------~--~~~~~~~~~-~~~~-~~T~~~~~~-E-R----------------1----------- [}

37

0 point, you haven't committed a crime. You actually did 1 exercise care, custody, control or management over the 2 0 meth. Okay? But that wouldn~t have been illegal because 3 0

as soon as you knew about it, you're getting rid of it,

4 right? 5

0 Does that make sense? Does that kind of get 6 to what you were talking about? 7 0 VENIREPERSON NO. 11: Well, I'd be 8 0

interested in the question about, well, at what point did

9 someone get possession? 10 0 MR. CALVERT: Sure. 11 0 VENIREPERSON NO. 11: And did they -- when 12 they found -- when they knew that they weren't supposed to 13

0 have it, did they take steps to get rid of it? 14 MR. CALVERT: Okay. So, what you're talking 0 15 about is let's say instead of when she discovers the 16 0 17 methamphetamine finding the nearest officer and going, 18 "Officer, I just found this," she takes it home and says,

0 "Look what I found in my purse?" 19 0 Is that a different scenario? What do you 20 think? Is she probably committing a crime at that point 21 0 22 by possessing that methamphetamine? VENIREPERSON NO. 11: I don't know. I'd 23

0 want to hear that argument. 24 0 25 MR. CALVERT: Okay. Well, what do you

DENISE C.PHILLIPS, CSR

0 .1

OFFICIAL COURT REPORTER

---- --· -- ----- ---------- --------- ----------------~2-7-2ND--D±£'I'RI-G~--GGUR-'I'-----·----·-- ---~.--------- --···----------- 0 n

38 D- think? Make the argument. What do you think? She's 1 2 known about it for --

0 VENIREPERSON NO. 11: I don't know all the 3 0 4 details of the circumstances. MR. CALVERT: Okay. 5

0 VENIREPERSON NO. 11: I'd need to know more. 6 7 MR. CALVERT: Okay. What do you think? Are

0

you committing a crime by taking that meth home and

8 0 VENIREPERSON NO. 3: Well, I wouldn't know 9 10 what it looked like, so I don't know. 0 11 MR. CALVERT: That's good. What do you 0 12 think, Mr. Cessna? 13 VENIREPERSON NO. 6: Well, I think that if

0 14 she knowingly possessed it, then she'd be a liability. 15 MR. CALVERT: Okay. Ms. is it Manchi?

0 16 VENIREPERSON NO. 7: Manchi. 0 17 MR. CALVERT: Manchi. Okay. Ms. Manchi, 18 what do you think? Do you agree with Mr. Cessna that if

0 19 she knows about it and she continues to possess it, at 0 20 that point, she's committirrg the offense? Do you agree? 21 VENIREPERSON NO. 7: Yes. 0 22 MR. CALVERT: Okay. What do you think, 23 Mr. -- Ms. Welsh? Where are you, Ms. Welsh? There you

0 24 are. 0 25 VENIREPERSON NO. 9: I think whenever

DENISE C.PHILLIPS, CSR

.0 ---- -----

OFFICIAL COURT REPORTER

---------·-----2-7-2-NE>-El±S'I'-R-I-~-'F-GGUR.!:.F-------------- D 0

39 0- something is knowingly done, then, yes, that's when it 1 ·revolves into a crime. 2

0

MR. CALVERT: Okay. Y'all are right. Y'all

3 0 are right. And that's the law. Okay. That's the law. 4 If you are aware of your possession of something for a 5

0

long enough period of time that you could have terminated

6 your control over ·it and you continue to possess it, at 7 0

that point, you're guilty of the offense of possessing,

8 0 9 whether it's dope or whatever. Does that make sense? Any questions about that? Now, one of the 10 0 cool things about my job is I get to talk to a lot of 11 0 folks. And a lot of people, say, "You know, Ryan, I get 12 that. I get what the law is; but for me, personally, I 13

0 couldn't find somebody guilty. I couldn't convict 14 15 somebody of a felony as a juror unless it's like in their 0 16 hands or on their person," right? "I mean, that's just 0 .17 me. I couldn't do it." 18 And a lot of folks feel that way, and

0 19 there's nothing wrong with feeling that way. But who kind 0 20 of thinks that way? Because there's a lot of people when 21 they hear the word "possession," they think kind of B 22 like we heard from Ms. Blair, in your hand, in your 23 pocket, in your purse, right? That was the first thought 0 24 that went into your head. 0 25 I mean, how do you feel about that? Do you

DENISE C.PHILLIPS, CSR

Q _________________________ ·-----0~-~~~~~~T~-~~~~T~~~-~~~-ER----------------~ ------------ 0

40

think it's fair to -- that somebody could be convicted of 1 possessing something that literally is not on their 2

person, that's not in their hands? Are you okay with 3 that? 4 VENIREPERSON NO. 14: I think if you do~'t 5 have control at that point, somebody else could have put 6 it somewhere without you knowing it; then, I don't think you should be in trouble for that. Like her, if she

wouldn't -- I wouldn't know what it looks like either; but if somebody put it in there and she walked off and then two weeks later she went through her big purse and found it, you know, I don't think she should be the one getting in trouble for it.

MR. CALVERT: Okay. What do you think, Ms. -- is it Steckman? Did I say your name right? VENIREPERSON NO. 36: Yes, Steckman. MR. CALVERT: Steckman. Okay.

Ms. Steckman, what do you think? Are you okay with the notion that somebody can possess something that is not physically in their hand or on their person? How do you feel about that?

VENIREPERSON NO. 36: Oh, definitely. MR. CALVERT: But why? Why do you say that? VENIREPERSON NO. 36: Because he could

have -- he or she could have it, like, on -- in the car,

DENISE C.PHILLIPS, CSR

0

41

D 1 in their house. MR. CALVERT: Okay. 2

rJ VENIREPERSON NO. 36: And to me, you could 3 0 4 possess it. MR. CALVERT: Okay. Mr. Arias, what do you 5 0 6 think about that? VENIREPERSON NO. 37: I agree. You can 7

D have -- you know, I have tools in my truck right now. 8 0 . They're clearly in my possession. 9 10 MR. CALVERT: Did -- you drove your truck to 0 11 the courthouse today? 0 12 VENIREPERSON NO. 37: Yes, sir. MR. CALVERT: It's parked out in the parking 13

0 14 lot? 15 VENIREPERSON NO. 37: Yes, sir.

0 16 MR. CALVERT: You didn't bring your tools 0 17 into the courtroom, did you? 18 VENIREPERSON NO. 37: No, sir.

0 19 MR. CALVERT: Okay. And you said those 0 20 tools, even though they're in your vehicle, they're in 21 your possession, right?

0 22 VENIREPERSON NO. 37: Yes, sir, they are. 23 MR. CALVERT: Why? Why do you think so?

0 24 VENIREPERSON NO. 37: Because they're under 0 25 my care. I can manage those tools.

DENISE C.PHILLIPS, CSR

-8----- ____ ·--··------------------~~-~~~~A~T~~~~~/~-~~g~~ER ----------·----•--------- 0 0

42 n. 1 MR. CALVERT: Okay. Very good. What do you think about that, Mr. -- let's 2

D

keep going down that row. Is it Mr. Pfitzer? 3 0 VENIREPERSON NO. 38: Yes, sir. I agree 4 5 with the previous gentleman's statement.

0

MR. CALVERT: Okay. So, you agree that his

6 7 tools are in his truck. They're not even in the same

0 8 building as him, but he's saying they're still in his 0 9 possession, right? VENIREPERSON NO. 38: They're in his 10 0 11 vehicle. 0 12 MR. CALVERT: Okay. And you're comfortable 13 with him in being in possession saying that he's in

0 14 possession of those even though they're in his vehicle in 0 15 another part of the VENIREPERSON NO. 38: I am. 16 0 17 MR. CALVERT: Okay. Ms. Nelson, what do you 18 think?

0 19 VENIREPERSON NO. 39: I think he put them in 0 20 his vehicle. He parked his vehicle. They're in his 21 possession, and nobody got him to do it.

0 22 MR. CALVERT: All right. Mr. Cobos, what do 23 you .think about that?

0 24 VENIREPERSON NO. 16: I agree. 0 25 MR. CALVERT: Okay. Are you comfortable DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-U---- ---- ---------- -----------------------------~- -----------2 72 ND-DTS TRICT-COURT______ ______ --- -------- -- -- --------- 0 0

43 0 1 with that, that if something's in your vehicle or in your home or something, it's in an area that you control, that 2

0 3 you are in possession of that? Are you okay with that 0

notion?

4 VENIREPERSON NO. 16: Uh-huh. 5 0

MR. CALVERT: All right. How about you,

6 7 Mr. Holt?

0 VENIREPERSON NO. 17: Yes, I agree with 8 0

that.

9 MR. CALVERT: All right. Ms. -- is it 10 0 11 Albernaz? Did I say that right? 0 VENIREPERSON NO. 46: Yes. 12 MR. CALVERT: All right. What do you think 13 0 about that? 14 VENIREPERSON NO. 46: I agree. 15

0 MR. CALVERT: Who feels the other way? You 16 0 know, a lot of folks do. They feel like, "Yeah, I 17 couldn't convict somebody of a felony unless i~'s like on 18

0 them, in their pocket, in their hand." 19 What do you think about that, Ms. Blair? 0 20 VENIREPERSON NO. 14: Well, his tools ·are in 21 0 his truck in the parking garage. What if somebody walks 22 by and drops something in the bed of that pickup truck? 23 0 24 MR. CALVERT: That's a good 0 VENIREPERSON NO. 14: Is he still in -- you 25 DENISE C.PHILLIPS, CSR D OFFICIAL COURT REPORTER - -~---- ------------ -----------2-7-2N-D-I)-I-S'I'-R-I-G-T-GGUR'I'-- ----------------~- ----~-------~

O

rl ~J

44

0 know, are you in possession then? 1 MR. CALVERT: Well, and again, this is where 2 0 Is he in possession in we get into two different things. 3 0

that he has care, custody or control over whatever item

4 you•re talking about? Say it•s a drug, right? Would he 5 0

have care, custody, control or management over those

6 0 drugs? 7 VENIREPERSON NO. 14: Right. 8 fJ

MR. CALVERT: Would he? Yes. But would

9 that be a crime? No. And the reason is why? 10 0 VENIREPERSON NO. 8: Because he doesn•t know 11 0 12 it. MR. CALVERT: Because he doesn•t know it. 13 0 14 He didn•t know it. Those are two different things. Okay? 15 Those are two different things. Does that make sense?

0 VENIREPERSON NO. 14: Uh-huh. 16 0 17 MR. CALVERT: Okay. Ms. Galimbertti, am I getting that right? 18

0 VENIREPERSON NO. 15: Galimbertti. 19 0 MR. CALVERT: Okay. What do you think about 20 21 that? Are you okay with this notion that you can just 0 22 possess something that is not physically on your person? VENIREPERSON NO. 15: Yes. 23

D 24 MR. CALVERT: Yeah? Dr. Schlitter, how 0 25 about you? Are you okay with that?

DENISE C.PHILLIPS, CSR

_g ___ ----

OFFICIAL COURT REPORTER

--~----- ---------~~--- ----- ----z7 2ND-DISTRTCT-COURT ____________________ --------- 0 [}

45 0- VENIREPERSON NO. 13: Yes. 1 MR. CALVERT: How about you, Ms. Bernal? 2

D

VENIREPERSON NO. 12: I don't think so. 3 0

MR. CALVERT: Okay. Talk to me.

4 VENIREPERSON NO. 12: If it's not on me, 5

0 then I shouldn't claim something that doesn't belong to me 6 or that's -- it could be belong to somebody else. 0 7 MR. CALVERT: That's a good point. It could 8 0

belong to somebody else, right? That pen that you were

9 holding for me, that was my pen, right? 10 0 11 VENIREPERSON NO. 12: Yes. 0 MR. CALVERT: Actually, it wasn't even mine. 12 13 It was Will's, right?

0 14 VENIREPERSON NO. 12: That's what I was 15 going to say, also. I mean, it could be a third party's

0 item the second party gave to me. 16 0 17 MR. CALVERT: Right. 18 VENIREPERSON NO. 12: So, I --

0 19 MR. CALVERT: Right. 0 20 VENIREPERSON NO. 12: -- I can always pass the blame to somebody. 21 I wouldn't want to take the blame. 0 22 MR. CALVERT: Okay. But that brings up,~- .t~· 23 good point. Well, let me square this up with you f:i,tst. 0

;.!.•;

24 A lot of folks feel exactly like you do, that I j·u,st- don't ·.,. '·:·; 0 25 think that's fair for somebody to be convicted offa felony DENISE C.PHILLIPS, C~R n

OFFICIAL COURT REPORTER

tJ·--- ---- ------- ---------------------------- --- --------2/2N-D--DTSTRTCT_:__COURT----c--------------------- ----:--- --------· - 0 0

46 o ... for something unless it's like on them, in their pocket or 1 in their hand, right? Is that kind of how you feel? 2 0

VENIREPERSON NO. 12: If it's not mine

3 0

legally, if it's not mine, I was just asked to hold it for

4 somebody 5 0

MR. CALVERT: Uh-huh.

6 -- I wouldn't want to 0 VENIREPERSON NO. 12: 7 take responsibility for it 8 n

MR. CALVERT: Well

9 -- other than -- VENIREPERSON NO. 12: 10 0

MR. CALVERT: Well, I understand you not

11 D wanting to take responsibility for it. 12 VENIREPERSON NO. 12: Well, I shouldn't be 13 0 having to take the blame. 14 MR. CALVERT: Okay. Okay. Then let's -- 15 0 let's explore that for a minute, and then I'm going to 16

D

17 I've got you, Ms. Blair. 18 What I hear you saying -- and I don't want

[I

to put words in your mouth, so let's talk about this -- is 19 0 just in your mind, you don't think it's fair for somebody 20 21 to be held responsible for possessing something unless

0 they own it, unless it's theirs, right? 22 VENIREPERSON NO. 12: Correct. 23

0 24 MR. CALVERT: Okay. Okay. And so, in your 0 mind, even if the evidence proves that maybe somebody was 25

DENISE C.PHILLIPS, CSR

_g -· -- - --- - --------------------~~~~-~~~~~-~~~~~T~~~~:~~~- -------------- ----------- 0 0

47 0-. 1 exercising care, custody, control or management over 2 prope~ty, a firearm, righti and they knew they had iti but

0 3 it wasn't theirs, I mean, they didn't own it n 4 VENIREPERSON NO. 12: Right. 5 MR. CALVERT: right? In your mind, you [j couldn't convict somebody of a felony under those 6 7 circumstancesi is that true?

0 8 VENIREPERSON NO. 12: I probably-- I would 0 9 be able to only because it's not me. But if it were 10 somebody else, I could -- I can -- if the evidence were 0 11 proven then, yes, I could. 0 12 MR. CALVERT: Okay. Ms. Bernal -- or, I'm 13 sorry, Ms. Blair, what were you going to say?

D 14 VENIREPERSON NO. 14: Well, I think the 15 question is access. You know, is it limited access? Is 0 16 it -- if it's not your possession or, at the time, it's in [} 17 my car ^[1] then I I m t.he only one who could possibly I then I 18 would say, yes, you're in possession. But if there's six

0 19 other people that have keys to that car, then I'm not sure 0 20 you could establish possession immediately. 21 MR .. CALVERT: Okay. Ms. -- let's go 0 22 straight back. Ms. Moore, what do you think about that? 23 Can -- what do you think about the notion, first of all, 0 24 Ms. Moore, that somebody can possess something that's not [J 25 physically on them? Are you okay with that? g --------------·--------- -------~~~-~-~~A~-I-~~~~-~T~~~~~~~-~--------------------·- ---------------- DENISE C.PHILLIPS, CSR 0 0

48 [} __ VENIREPERSON NO. 30: Yes. 1 . ! MR. CALVERT: Okay. Let's take it a step 2 [J further. What about the notion that -- well/ are you 3 B 4 married? VENIREPERSON NO. 30: Yes. 5

0 MR. CALVERT: Okay. Do you own a horne? 6 VENIREPERSON NO .. 30: Yes/ sort of. 0 7 MR. CALVERT: Sort of. That's okay. Do you 8 0 9 have a TV? 10 VENIRE PERSON NO. 30: Yes. 0 11 MR. CALVERT: Is it in your house? 0 VENIRE PERSON NO. 30: It should be. 12 MR. CALVERT: Okay. Do you possess that TV? 13 0 14 VENIRE PERSON NO. 30: Yes. 15 MR. CALVERT: Yeah. Why?

0 16 VENIRE PERSON NO. 30: Oh, well 0 17 MR. CALVERT: It's not a trick question. 18 VENIREPERSON NO. 30: I possess it in the

0 19 material sense, but I don't possess what could happen to 0 20 it because unless you have control of the remote control/ 21 that's not possession.

B

22 MR. CALVERT: Yes ^[1] but here's the problem 0 23 with what you just said. You're the wife; therefore/ you 24 always have control. - 0 25 VENIREPERSON NO. 30: I'm also a mother/ and

DENISE C.PHILLIPS, CSR

fl

OFFICIAL COURT REPORTER

bJ------ -- ~-·--- ---·-------·-~--------2-:-7-2-ND -Il:ES-':&R-I-G--T-e0URIP---~------------- ---------------- 0 0

49 0 I never have control. 1 MR. CALVERT: All right. Would you agree 2

D

that your TV is in your house; and because it's in your 3 house, you have control or management over that TV, right? D 4 VENIREPERSON NO. 30: Yes. 5 G MR. CALVERT: Because it's in your house. 6 You didn't bring it with you today, right? 7 0 VENIREPERSON NO. 30: Right, I did not bring 8 0 it with me. 9 MR. CALVERT: Well, I mean, Ms. Moore, are 10 0 you okay with the notion -- are you comfortable saying 11 D that you are in possession of the things that are in your 12 13 home, like a TV or a refrigerator, things that you know [l about? 14 15 VENIREPERSON NO. 30: I'm more comfortable

0 with the refrigerator. 16 0 17 MR. CALVERT: Why aren't you comfortable

I

18 with the idea of -- do you have a flat screen or a big 0 one? 19 VENIREPERSON NO. 30: Yes. D 20 21 MR. CALVERT: Okay. And you're not 0 comfortable saying you possess that? 22 VENIREPERSON NO. 30: No, no, I possess it, 23 0 I just can't control what -- I just can't control what 24 0 25 comes across it or what people view. DENISE C.PHILLIPS, CSR II OFFICIAL COURT REPORTER tJ------ -- --- -- --------~-~--~~~~-272ND-DISTRTCT-COURT-~--------------- ------------- 0 ll

so n. MR. CALVERT: I'm not talking about the use 1 2 of it.

0 3 VENIREPERSON NO. 30: Okay. 0 MR. CALVERT: I'm not talking about the use 4 of it. I'm talking about the actual item, the TV itself. 5

0 Okay. Is that in your possession? 6 u VENIREPERSON NO. 30: Yes. 7 MR. CALVERT: Yeah. Why? Because it's in 8 0 9 your house, right? VENIREPERSON NO. 30: Yeah. 10 0 MR. CALVERT: What's your husband doing 11 0 12 today? 13 VENIREPERSON NO. 30: He's at work.

0 14 MR. CALVERT: Is that TV in his possession? 15 VENIREPERSON NO. 30: Yes.

0 16 MR. CALVERT: Yeah. So, what about -- what D 17 about that? How can two people or more than two people 18· have possession of the same thing at the same time? 0 19 VENIREPERSON NO. 30: Well for us, I guess, D 20 it's because we're in a marriage; and you have mutual ..

21 possession. 0 22 MR. CALVERT: Sure. Okay. Ms. Carter, what 23 do you think about that? Do you agree that more than one

0 24 person can possess the same thing at the same time? 0

You' re No. 29.

2 5

DENISE C.PHILLIPS, CSR

fl OFFICIAL COURT REPORTER -H - - - - - - ----27ZND~DISTRICT-COURT-·------~---------- ---··------- 0 51 [J ___ VENIRE PERSON NO. 29: Yes. 1 MR. CALVERT: Why? Explain to me how that•s 2 D 3 possible. 0 4 VENIRE PERSON NO. 29: We share it. MR. CALVERT: Okay. Mr. is it Lavender? 5

Q VENIRE PERSON NO. 28: Yes. 6 7 MR. CALVERT: What do you think about that?

D VENIREPERSON NO. 28: I agree. 8 n 9 MR. CALVERT: Why? 10 VENIREPERSON NO. 28: Because more than 0 11 person can have care and control of everything to do with 0 12 it. 13 MR. CALVERT: Okay. Ms. Frosch, do you 0 14 agree with that? 15 VENIREPERSON NO. 27: I agree with him.

0 16 MR. CALVERT: Yeah. 0 17 VENIREPERSON NO. 27: I agree with what he 18 said because more than one person can have control.or

0 19 management of the things in the home. 20 0 MR. CALVERT: Okay. Dr. Hash, do you agree 21 with that? 0 22 VENIREPERSON NO. 26: Yes. 23 MR. CALVERT: And you•re a physician; is

0 24 that correct? D 25 VENIREPERSON NO. 26: Yes.

DENISE C.PHILLIPS, CSR

Q ___ ----· --·- ---------------- 0 -~!-~-;~~~r~-~~-~~-T~~~~-~~~~------------ -·--------- 0

} 52 MR. CALVERT: Let's say that -- let's say, 1 2 Dr. Hash, that you have -- you ever seen the movie "Scar

}

Face"?

3 VENIREPERSON NO. 26: Portions of it. 4 MR. CALVERT: Portions of it. Okay. What's 5

it about? Tell me. 6 VENIREPERSON NO. 26: It's about Al Pacino 7 being a gangster, and he was essentially running things up 8 in Miami. MR. CALVERT: Ends up in Miami, not just a gangster but what's his business? Cocaine. Cocaine, right? He's a drug lord. He's a drug lord, right?

VENIREPERSON NO. 26: Yes. MR. CALVERT: And he -- by the end of the

movie, he's top dog, right? He's sitting in the mansion on Miami Beach. And he is responsible for a cocaine empire, right? Sending out dealers all over the place selling cocaine.

Now, let's take cocaine as an example. The guy standing on the street corner, Dr. Hash, slinging, you know, 1 gram bags of cocaine, is that guy in possession of the cocaine that he's selling?

VENIREPERSON NO. 26: Yeah. MR. CALVERT: Yeah. What about the guy over

25 him that gave him that cocaine to deal as part of that ~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

l---- -- ·-------- -~-- --- --·----~---~----- -- -----------272 ND-DISTRI CTTOURT----~----------------- ·-------------~---~ }

53

1 same operation? Is he in possession of that cocaine? 1 1

VENIREPERSON NO. 26: Under that definition,

2 }

yes.

3 MR. CALVERT: Yeah. Why? 4 VENIREPERSON NO. 26: He controls it. 5

' . }

MR. CALVERT: And what about the guy over

6 him, all the way up to Al Pacino sitting in the mansion in 7

} 8 Miami, right? Is Al Pacino, who is not touching the }

cocaine, he doesn't even see it, right; but he knows it's

there. He's running the operation of it. Is he in possession of the cocaine that his organization is selling? What do you think?

VENIREPERSON NO. 26: Under that definition I would say, yes. MR. CALVERT: Yeah. Why? VENIREPERSON NO. 26: He controls the

distribution. MR. CALVERT: How do you feel about that? Is that fair? VENIREPERSON NO. 26: That Al Pacino controls the industry? MR: CALVERT: Is that fair that a person who is not physically touching the items possessed, a lot of time doesn't even see them, but can still be held to be in

25 possession of them and legally responsible for them if the (

DENISE C.PHILLIPS, CSR

I OFFICIAL COURT REPORTER

272ND

DISTRICT COURT

J

54

J

}

evidence shows that they are in control or they're somehow 1 2 managing that property or those items? Is that fair in 3 your mind?

VENIREPERSON NO. 26: Yes. 4 MR. CALVERT: Okay. What do you think? Is 5 }

it Ms. -- help me with your name.

6 VENIREPERSON NO. 25: Miao. 7 MR. CALVERT: Miao. Okay. What do you 8 think about what Dr. Hash said? 9

VENIREPERSON NO. 25: I don't know because I 10 don't know what's the difference between the possess and 11 the ownership. 12

MR. CALVERT: Okay. That's a good question. 13 14 What's the difference between possession and ownership? 15 What number are you, Ms. Miao? No. 25. Do you own ~hat

No. 25? VENIREPERSON NO. 25: No. MR. CALVERT: No. But are you in possession

of it? VENIREPERSON NO. 25: Yes. MR. CALVERT: Why? VENIREPERSON NO. 25: Because it's in my

hand. MR. CALVERT: Right. That's kind of the difference, okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

- - 27-2ND- DIS~RIG'I' -GOUR'I'-- -- -- 55 VENIREPERSON NO. 25: Okay. 1 MR. CALVERT: The Court owns it, right? 2 l

VENIREPERSON NO. 25: Yeah.

3 MR. CALVERT: So, let's use Ms. Miao's No. 4

J

5 25 as an example and let's go down that row. :1 j Is it Mr. Mcintyre?

6 VENIREPERSON NO. 24: Right. 7

J

MR. CALVERT: Mr. Mcintyre, do you agree 8 9 with Ms. Miao that she is in control of that 25 or that

J 10 No. 25? VENIREPERSON NO. 24: Yes, I do. 11 MR. CALVERT: Yeah. What about Mr. ·Montoya 12 13 who is in charge of handing those numbers out to y'all and 14 picking them back up at the end of the jury selection? Is 15 Mr. Montoya also in possession of that No. 25?

VENIREPERSON NO. 24: I would agree with 16 17 that. MR. CALVERT: Yeah. Yeah. What about 18 19 what about Judge Bryan who's in charge of everything in 20 here? This is his world, right? 21 VENIREPERSON NO. 24: Going pack to the 22 example of the drug lord, yes, he's in the control of the 23 courtroom, so everything in here is under him. 24 MR. CALVERT: Are you comfortable with that? 25 VENIREPERSON NO. 24: Yeah.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

"272ND·-DISTRTCT· COURT·· ·· [I 56 D MR. CALVERT: Okay. Ms. Henry, how about 1 you? What do you think? Do you agree with Mr. Mcintrye? 2

O VENIREPERSON NO. 23: Yes, because of care, 3 kind of like what you have in your house. You put locks, 4 5 alarms, possession. You take care and do what you can,

g 6 whether that means bringing that with you inside, like, you know, people's credit cards, cash, driver's license. 7 0 8 Well, not your car; but leaving tools or something like 0

that, he made the choice to leave it in his truck. So,

9 it's still in his possession. He took the care and 10 0 control of doing that. 11 0 MR. CALVERT: Mr. Parker, what do you think 12 13 about that?

0 I think he VENIREPERSON NO. 22: I agree. 14 was in possession and control. They're side-by-side. But 15

0 it's like you're talking about the number, yes, the 16 0 possession is her in hand; but it's actually owned by this 17 court system. Now, she has control whether she's going to 18

0 give it back or not; but legally, the Court owns the 19 0 number. 20 21 MR. CALVERT: Right. Mr. Lamb, are you okay

0 22 with that? 23 VENIRE PERSON NO. 21: Yes. MR. CALVERT: Do you think that's a 24 fair way

0 of defining possession that you can have multiple people 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

Q - -272ND--rn-STR-ICT -cOURT -- 0 0

57 0 1 being in possession of the same object at the same time? 2 Are you comfortable with that?

0 VENIREPERSON NO. 21: Yes. 3 0

MR. CALVERT: Okay. What do you think,

4 5 Mr. Smith?

D

VENIREPERSON NO. 10: I agree. --- 6 MR. CALVERT: Oops. I'm sorry. That was 7

D

8 Mr. Smith. 0 VENIREPERSON NO. 20: I agree. 9 MR. CALVERT: Okay. Now, some folks, 10- 0 though, feel kind of like we talked with Ms. Bernal over 11 here that ownership to them is the most important. That I 12

D

just don't think it's fair to convict somebody of a crime 13 0 unless they own the property. Okay. Even if they're 14 holding it, even if they know about it, I don't think 15

0 that's fair. 16 0 Who feels that way and says, to me ownership 17 18 kind of trumps everything? Is there anybody that feels

0 that way? Ms. -- who are my quiet ones? Let's go in 19 0 back. Is it Ms. Heidick? 20 VENIREPERSON NO. 49: Yes. 21

D

MR. CALVERT: How do ·you feel about that? 22 Do you think that it's fair that somebody could be held 23 0 responsible for possessing something even if they don't 24 0

own it?

25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~o· - -2-72-ND-ni-STR'TCT~-coURT ___ -- 0 0

58 D VENIREPERSON NO. 49: Yes. 1 MR. CALVERT: Okay. How come? 2 El

VENIREPERSON NO. 49: You ,have a bunch of

3 0 drugs and you gave them to me, and I possessed them. I 4 5 shouldn't get away because I don't own them.

0

MR. CALVERT: All right. Mr. -- help me,

6 7 right next door. 0

VENIREPERSON NO. 50: Bardenhagen.

8 0

MR. CALVERT: Bardenhagen. What do you

9 10 think about that, Mr. Bardenhagen? 0 11 VENIREPERSON NO. 50: I agree. 0 12 MR. CALVERT: Okay. How about you, 13 Ms. Good?

0 14 VENIREPERSON NO. 51: I agree. 15 MR. CALVERT: Is there anybody that

0 16 disagrees with that? Is there anybody that feels 0 17 differently? Yes, ma'am, help me with your number. 18 No. 54.

0 19 VENIREPERSON NO. 54: 54. 20 MR. CALVERT: No. 54, Ms. Dean. What are

Q 21 you thinking, Ms. Dean? 0 VENIREPERSON NO. 54: It could be either 22 23 way. Like in a situation you're living with roommates;

0 24 and a roommate has a controlled substance in their room or 0 25 alcohol, you know, whatever; and you know it's there --

DENISE C.PHILLIPS, CSR

n····

OFFICIAL COURT REPORTER

-tJ"- - -- --- ------------- - --- ------z72ND-DISTRICT-COURT _______________________________ _ 0 D

59 D MR. CALVERT: Yeah. 1 o VENIREPERSON NO. 54: -- but you're not in 2 control of it or, you know, in possession; but it's in 3 0 your house. 4 MR. CALVERT: Right. What do y'all think 5 0

about that? That's a great example. Let's use that.

6 Let's say you live with somebody, and they have -- we'll 7 0

use drugs because that was the example you used. They

8 0

have drugs. You know they have drugs in your house that

9 you share with them; but you don't own them, right? 10 0

You're not using them, right? That's what you're talking

11 0 12 about? VENIREPERSON NO. 54: (Nods head.) 13 0 MR. CALVERT: What do you think about that, 14 Ms. Welsh? 15

0 VENIREPERSON NO. 9: I was in that same 16 0 17 position while I was in college. But I felt uncomfortable 18 because I had a roommate that thought that that was okay,

D

and I didn't agree with their decisions. And, well, if 19 0 I'm paying rent, it's my property whatever. Well, I don't 20 want to be in a place where I'm around stuff like that. 21 0 22 So, I can agree with that. The fact that I had no control of that other than the fact that I got stuck with this 23

0 girl who thought that it was okay to do drugs. 24 0 But, no, 'like if the cops were to come in, I 25

DENISE C.PHILLIPS, CSR

n

OFFICIAL COURT REPORTER

-tj --· -- -- ----- -------- --------------- ------------ ___________________ 2_7.2Nn-·-or·sTRI-CT- ·c-OURT ________ -~---~--- .. ----------------~------------------------------------- u

.I

0

60

D would get in trouble. I would not have agreed that it was 1 2 under my possession, too, because I didn't use them. They

O

3 weren't in my room. They weren't 0 MR. CALVERT: Yeah. And in the house 4 5 example, you could get into a whole lot of really

fJ specific -- I mean, you could change that around a whole 6 bunch of different ways, like whose room was it in or 7 0 whose stuff was it in, right? There's a million different 8 0 little variables you could change in there. 9 10 But let's -- let's do it this way. What if, 0 11 like you said, it's your place. It's your house, and you 0 12 know it's there. You know it's there. 13 VENIREPERSON NO. 9: Right. 0 14 MR. CALVERT: And you just choose to kind of ignore it. It's not yours. You don't own it. You're not 15

0 16 using it. You know it's in your house; but, you know, you 0 17 kind of turn a blind eye and say, "I don't want any part 18 of that. "

0 19 VENIREPERSON NO. 9: Right. 0 20 MR. CALVERT: "I'm just going to" -- 21 VENIREPERSON NO. 9: Which isn't probably 0 22 the right thing to do; but as an 18-year-old, at the time, 23 you don't really -- I don't· know. You don't -- I didn't

0 24 want to be a part of that. 0 25 MR. CALVERT: Absolutely. No, I understand.

DENISE C.PHILLIPS, CSR

n

OFFICIAL COURT REPORTER

·t:J--~- ~~--~ -- -------~-- ~-----·-----~---·-272ND-DTSTRrCT-COURT·-----·---------- - - -- D 0

61 Q,,_ VENIREPERSON NO. 9: I didn't want to get in 1 2 trouble by ratting out my roommate and all that; and so, I

0 don't know. I could understand how seeing it that way. 3 o·

MR. CALVERT: Sure. Now, and Mr. -- No. 10,

4 5 Mr. Smith, what do you think about that? Legally -- and

0 6 not to pick on you, Ms. Welsh -- VENIREPERSON NO. 9: That's fine. 7 0

MR. CALVERT: But legally, in that scenario

8 0

9 where she knows there's dope in the house, okay? She

10 doesn't own it. She's not using it, but she knows it's 11 there. It's her house. Legally, is she in possession of

0 12 that -- of those drugs? VENIREPERSON NO. 10: No. 13

0 14 MR. CALVERT: Okay. Why not? 15 VENIREPERSON NO. 10: She's not exercising

D 16 control over it. She has knowledge, but no control. She 0 17 has a moral obligation but not a legal obligation. MR. CALVERT: Okay. Who disagrees with 18

0 19 that? What do you think? 8 VENIREPERSON NO. 5: I disagree. I think 20 21 she's in possession. 0 22 MR. CALVERT: Why? VENIREPERSON NO. 5: Because she has the 23

0 24 ability to -- 0 MR. CALVERT: You're Mr. Kelling, No. 5. 25

DENISE C.PHILLIPS, CSR

0---- OFFICIAL COURT REPORTER --· ------ -~-------~----------- ----- ----------- ~-----272ND--DISTRICT ____ C6URT~----------- ----------- ------~ ----------------- D 62 VENIREPERSON NO. 5: Sorry. She has the 1 ability to manage the situation by either leaving the 2

situation or having the people and the items removed from 3 the house. 4

MR. CALVERT: Okay. Yes, ma'am, all the way 5

J

back in the back, Ms. Hudspeth, No. 60. What do you 6 think? 7

J

VENIREPERSON NO. 60: I agree. 8 MR. CALVERT: All right. You agree with 9 what Mr. Kelling said? Okay. Who else feels that way?_ All right. Mr. Cessna, you said you feel that way, and Mr. Parker and Mr. Pfitzer. What do you think about that, Mr. Pfitzer?

VENIREPERSON NO. 38: I agree with that, yes. If under the circumstances, one could do something, they are in control.

MR. CALVERT: Okay. All right. VENIREPERSON NO. 11: Could I add something? MR. CALVERT: Absolutely. VENIREPERSON NO. 11: Technically, you could

say someone's in possession of it, but I think the law allows the jury and the Judge a range of punishment for circumstances.

MR. CALVERT: Well done, Mr. Slovak. ] 25 Absolutely. Say that a little bit louder. The law allows DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~--­

- --272NIY-rH-STRTCT---COURT _______ --------------------- ·----- ---------------

] n ,_j 63 0-- 1 a range of? VENIREPERSON NO. 11: Punishment. 2

u

MR. CALVERT: Punishment, right?

3 [J Absolutely. And you're correct about that. 4 Why is that important? In your mind, what 5

0

made you say that? What made you think about that?

6 VENIREPERSON NO. 11: Well, because I think 7

0 there's different levels of guilt. 8 0 MR. CALVERT: Yeah. You're right about 9 10 that. Okay. You're absolutely 100 percent right about 0 11 that. 0 12 And what you said is exactly how the law 13 works. Okay. There are three phases in any jury trial. 0 14 You're in the first one right now, jury selection. Or as 15 the Judge correctly pointed out, jury deselection. Okay?

0 16 The next phase is the guilty/not guilty 0 phase. In the guilt phase, the only issue -- the only 17 18 question in front of the jury is did the State prove that?

0 Yes or no, period, the end. Okay. At the guilt phase, 19 0 20 that is the only question that the jury has to answer is: 21 Did Ryan and Will prove each one of these elements beyond 0 a reasonable doubt? 22 23 And if the answer is yes, they jury is

0 24 required to come back with what verdict? 0 VENIREPERSONS: Guilty. 25

DENISE C.PHILLIPS, CSR

-0--·- --- ------ ·~ -- -------------- "---- ---~~-~~~~~~T~~~-~~T~~~g:~ER ______ --------- ----- -·---- ------- -- ~--------- / 0 0

64 MR. CALVERT: Guilty. And if the answer is 1 no to any one of these, the jury is required to come back 2

0 not guilty. Is everybody with me? 3 0

VENIREPERSONS: Uh-huh.

4 MR. CALVERT: Once a guilty verdict has been 5

0

reached, then we get into what phase, Mr. Slovak?

6 VENIREPERSON NO. 11: Punishment. 7 0 MR. CALVERT: Punishment. Okay. And you're 8 0 correct in that the law builds in punishment ranges, big 9 10 punishment ranges, specifically for that reason. So, that 0 11 level -- you know, degrees of guilt or degrees of 0 12 culpability, I guess we'll say, can be properly addressed 13 as far as the punishment. Does that make sense? Does

0 14 that make sense to everybody? 15 Now, in this particular case -- in all

0 16 criminal cases prior.to the time that we get here to this 0 17 part of the trial, the person on trial has to make an election, a choice. 18 In the event I'm convicted, in the

0 19 event that I'm found guilty, I want either the jury or the 0 20 Judge to assess my punishment. All right? 21 Now, in this particular case, Mr. Greer has

0 22 opted for the Judge. S~, the jury's job in this case will 23 only be this right here (indicating). Okay? It will only ·o 24 be guilt. And the Judge will be handling punishment. 0· 25 Does everybody does that make sense? Is everybod~ okay

DENISE C.PHILLIPS, CSR

Q~- .. - -- -.

OFFICIAL COURT REPORTER

--- - -- ------------------z72Nn--DTSTRICT- COURT _______ - -- - ---- -------- ~--------------------------------------------------~--~ ·0 0

65 D 1 with that? Is there anybody that says, "I don't think 2 B that's right. I think if the jury's doing guilt, I think 3 0 4 the jury should get to do punishment"? All right. Getting back to what we were 5 0

talking about a minute ago, is there anybody here kind of

6 in line with the discussion that we were having, that 7

0

says, "You know, Ryan, if I look deep down in the depths

8 [J of my soul and I'm honest with myself, I could not pull 9 the trigger and find somebody guilty of a felony unless 10 0 they ~- it was their property that they owned"? 11 0 Ms. Welsh, is that how you feel? 12 13 VENIREPERSON NO. 9: Yeah, I don't -- either

0 side of it, I feel sick to my stomach having to send 14 somebody anywhere. 15

Q

16 MR. CALVERT: I understand. I understand. 0 And I appreciate that. A lot of folks feel that way. And 17 that's what I was talking about earlier. They just feel 18 0 like, "Ryan, unless you own it, I couldn't do that." A 19 0 lot folks feel that way, and there's nothing wrong with 20 that. 21 0 Yes, ma'am, No. 42, Ms. Ford? 22 23 VENIREPERSON NO. 42: Yes, sir.

0 24 MR. CALVERT: Is that how you feel?

D

VENIREPERSON NO. 42: No, I would have 25

DENISE C.PHILLIPS, CSR

Q --- OFFICIAL COURT REPORTER - -- - --- · --- ---- ----- ---- - -- -- -- - - 2'72NB-DIS!F-R-IG!F---G0U-RT-- ------------ --- -------------- 0 n

66 o .. trouble ~- I can see a scenario where someone who was told 1 they couldn't have a gun for a certain period of time and 2 B they found a friend or a family member who would keep that 3 [] well away from ~hem where they would have no access or 4 \;\/ anything like that, and -- and it was still in their -- 5 0

technically, I guess, in their possession, but in someone

6 else's and looked after -- 0 7 MR. CALVERT: Right. 8 D VENIREPERSON NO. 42: -- and nothing was 9 done, that person could legally hold that gun for them. 10 0

MR. CALVERT: Yeah. That's not what we're

11 0 talking about here. In that scenario that you're 12 addressing, that actually happens; and that does exist. 13

D

And there are certain types of offenses, domestic 14 violence, for example, that you can't have a gun for a 15

0 period of time. But that's -- that's a very good point, 16 0 17 but that's not really what we're discussing in terms of this discussion. Does that make sense? We're talking 18

0 about -- anybody else that agrees with Ms. Welsh that 19 0 says, "Unless it's like your property that you're using, 20 that you -- that you own, I can't find you guilty of a 21 0 felony"? Who else feels that way? 22 All right. Ms. Welsh, I appreciate that. 23

0 24 VENIREPERSON NO. 9: Sorry. 0 MR. CALVERT: No, you don't need to 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~-~ tJ- ··- ··- -- - ----------- ------------------------272-ND--D-I-STRI-CT--COURT---- - ------- --------

-- -- -- · 0 0

67 0 apologize. That's exactly-- you did exactly what you're 1 supposed to do. That's exactly -- look at this point in 2

B

time, y'all might have noticed when y'all came in here, 3 0 the very first thing y'all did was you took an oath to 4 what? 5

0 VENIREPERSONS: To be honest. 6 7 MR. CALVERT: To be honest, right. You

0 might have noticed you did not take an oath to follow the 8 [} law. And that's one of the really, really cool things 9 about our system, is there's a reason you haven't taken an 10 0 oath to follow the law because you don't have to at this 11 0 point, right? All you've got to do is be honest about 12 13 your opinions. We're allowed to disagree. That's what's 8 so neat about this. 14 But we have to have that discussion now 15

0 because the 12 of you that wind up over here, the very 16 0 first thing that you'll do once you wind up over here is 17 18 you're going to take a different oath. And that is to

0 19 render a true verdict based on the law and the evidence in Q 20 this case. 21 And so, we can't have it be once you get 0 22 over here, you go, "Yeah, I don't think I could follow ' ' 23 that law." Too late at that point. So, we have to figure 0 24 that out now. All right? 0 25 So, you did exactly the right thing. I DENISE C.PHILLIPS, CSR Q -·-· OFFICIAL COURT REPORTER ··-- ·- ----·------------ ---- ------- ·-·-272ND-IHSTRreT-··e<:mRT--- ----·---·-·-- -- -·-··--------- --·-··· · -· ··········· ··- ~] L 0

68 0 appreciate that. 1 Mr. Holt, you're orie of my quiet ones. How 2 0

do you feel about that? And you're No. 17.

3 0

VENIREPERSON NO. 17: Yes.

4 MR. CALVERT: Are you okay with what we were 5 0

talking about, that somebody could not own something and

6 not even physically be in possession; but they can still 7 0

be in possession of it? Are you okay with that?

8 [l

VENIREPERSON NO. 17: Yes.

9 MR. CALVERT: Okay. Ms. Defrancesco, did I 10 0

get .that right?

11 0 VENIREPERSON NO. 18: Yes. 12 MR. CALVERT: All right. How do you feel 13

0 about that? 14 VENIREPERSON NO. 18: I think it's -- 15

0 there's a lot of gray areas, and it's very circumstantial. 16 n u 17 MR. CALVERT: Okay. 18 VENIREPERSON NO. 18: Like going back to the

[J

scenario with the tools, he's in possession of his tools. 19 0 20 MR. CALVERT: Yep. VENIREPERSON NO. 18: He owns those tools, 21 u but if somebody comes and steals something out of his 22 truck and uses it to break into somebody else's car or hit 23

0 somebody over the head, he should not be responsible at 24 0 that point. 25

DENISE C.PHILLIPS, CSR

0

OFFICIAL COURT REPORTER

- ---2-7-2N:O---DI-S-'FR-±·G!F-~G-G·UR-T---·- ------------·-·-----·---------------------- ------- ---------------- --------· --- ---- 0 [l

69 0 MR. CALVERT: He's not. 1 VENIREPERSON NO. 18: Great. But going back 2 0

to he's in possession of his possessions.

3 0

MR. CALVERT: He's in possession of the

4 tools, but that's like saying -- you know, I'm in 5

0

possession of my gun; but if you steal my gun and you

6 7 murder Mr. Hernandez with it, I'm not guilty of murder,

0 right? I'm just not. I'm not guilty of anything. You're 8 [] guilty of murder, right, because you shot him; but I'm 9 not. Does that make sense? 10 0 VENIREPERSON NO. 18: Uh-huh. 11 MR. CALVERT: Okay. Mr. Hernandez, how do 12 fl u 13 you feel about that? Are you okay as a juror finding 0 somebody in possession of something that they don't 14 necessarily own? 15

0 VENIREPERSON NO. 19: 16 I agree. 0 17 MR. CALVERT: Are you okay with it? 18 VENIRE PERSON NO. 19: Yes.

n 19 MR. CALVERT: Okay. Mr. Watson, in the back row, how do you feel about that, sir? 20 0 VENIRE PERSON NO. 48: The same. 21 0 22 MR. CALVERT: All right. 47, Mr. Everett, are you okay with that? 23

B

VENIREPERSON NO. 47: I'm wondering if· they 24 [] 25 know that they have it --

DENISE C.PHILLIPS, CSR

/l

OFFICIAL COURT REPORTER

-~~~- __ -----~- _ -~-------------------- --------~---~-----------27.2ND-DISTRICT-COURT-~- o

70

MR. CALVERT: That's the key. You have to 1 know you have it. Okay. You have to -- for something to 2

8

be a crime, you have to know you have it. All right.

3 B Does that make sense? And that's part of what has to be 4 proven by Ryan and Will. Does that make sense? 5

[J VENIREPERSON NO. 48: If they know they have 6 it, then they are in possession. 0 7 MR. CALVERT: All right. Let me ask you 8 []

this, Mr. Watson. That brings up a good point. Let's

9 just say-- and we've been talking about drugs. Let's 10 [}

let's keep talking about drugs.

11 0 12 Let's say I have some cocaine; and you know I have some cocaine, right? And I say, "Mr. Watson, can 13 0 you take me down to the grocery sore for a minute?" And 14 you're like, "Yeah, come on." And you let me in your car 15

0 knowing I have cocaine. Am I in possession of the cocaine 16 0 that's in my pocket? 17 VENIREPERSON NO. 48: Uh-huh. 18

0 19 MR. CALVERT: Absolutely. Is he in 20 0 possession at that point of the cocaine that's in my 21 pocket? 0 VENIREPERSON NO. 22: 22 If he knows it's in your pocket 23 0 24 MR. CALVERT: Yeah, he knows. He knows. 0 25 VENIREPERSON NO. 22: Then, yes, he's in r-,. DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

-lJ -- . -- ------------------- 2 7-2N-D --D-I-5-T-R-I-C-T--CO-U-R.T- ------ -- ------- ---- ------------- --- ----- --- ----- 0 0

71 0 1 possession. MR. CALVERT: Everybody comfortable with 2 []

that?

3 0

VENIREPERSONS: Uh-huh.

4 MR. CALVERT: So, does that make sense to 5 []

you, Mr. Watson?

6 VENIREPERSON NO. 47: Everett. 7 [] MR. CALVERT: Oh, you're Mr. Everett. I'm 8 0 sorry. Mr. Everett. Are you okay with that, Mr. Everett? 9 VENIREPERSON NO. 47: (Nods head. ) 10 0 MR. CALVERT: I apologize. 11 0 Okay. Let's talk about this -- any other 12 questions about possession before we move on to something 13

0 else?. Is there anybody else sitting there right now 14 talking about -- or thinking about possession going, "I 15 0 just don't think that's fair. I don't think that's a fair 16 0 definition, Ryani and I couldn't find somebody guilty of 17 the felony offense under that definition." Speak now or 18

0 forever hold your peace. 19 0 20 All right. Let's talk about this one for a 21 minute. Normally, during the guilt phase of a trial, a 0 jury is not going to get to know anything, one way or the 22 other, about whether a defendant has any criminal history. 23

D

But this is one of the offenses where the jury -- it is an 24 u element of the offense. It's something that we have to 25

DENISE C.PHILLIPS, CSR

.0--- OFFICIAL COURT REPORTER ------- ---- - - - - ------ ---- ------- ---- ----2-7-2-ND--D I-S'F-R-1-G--T-GGURT---------------- --·- -----·-- u 0

72 o. prove ~hat the person who's on tiial is a convicted felon. 1

I

Okay? We have to prove that. 2 0

It's kind of like if -- y'all have heard of

3 0 the offense failure to register as a sex offender, right? 4 5 Well, Element No. 1, we have to prove the person on trial 0

is what, a sex offender, right?

6 How many of y'all when you walked in here, 7 0

you're kind of eyeballing us up here and trying to figure

8 [l

out who everybody is? Were y'all doing that? Yeah.

9 . And once the Judge said it was a criminal 10 0

case, how many of y'all were trying to, you know, figure

11 D out who the defendant was; and you h~d the thought to 12 yourself, "I wonder what that. guy did, " ri,ght? That's 13 0 perfectly natural. It's a human response. The~e's 14 nothing wrong with that. 15

0 But here's the thing you've always got to 16 0

keep in mind. And y'all told me.this earlier. So, now,

17 as Mr. Greer sits here right now, he is presumed? 18 0 VENIREPERSONS: Innocent. 19 0 MR. CALVERT: Innocent, right? And so, with 20 regards to having been convicted of a felony, let's -- how 21 D 22 many of y'all -- everybody drive? How many of y'all speed? I do. 23

B

Let's say you're driving on Monday, and you 24 0

get a speeding ticket, and you're completely good for it

25

DENISE C.PHILLIPS, CSR

\l

OFFICIAL COURT REPORTER

·U ·- - ···----·-- ---- ··--·-·· ---------- --·-------·--- ·-··----·- -2-7-2ND--D-IS'I'R-I-C'I'--COUR-T----···-------- -· ----- --· ----- --- ··-- -------------·· 0 n <J

73 0 because you were speeding. And on Tuesday, same thing 1 happens. You get a ticket, and you're completely good for 2

n it because you were speeding. And Wednesday, same story, 3 0 You're completely good for it. You 4 ypu get a ticket.

.I

were speeding again. Thursday, you get another ticket; 5 0 but this one, honest to God, you were not speeding. The 6 7 officer got you and another car mixed up. Okay.

D

So, you were not good for that speeding 8 0 ticket on Thursday. And you go to trial because you can 9 10 have a jury trial for a speeding ticket just like you can 0 11 on a capital murder case. And the prosecutor in the 12 speeding case gets up and goes, "Well, you know, you did

[J 13 it, because look, you did it on Monday, and you did it 8 14 again on Tuesday, and you did it again on Wednesday," 15 right? Is that fair to you?

0 16 VENIREPERSON NO. 15: No. 0 17 MR. CALVERT: No? Why not? ·J. 18 VENIREPERSON NO. 15: Because the next day, 0 19 he wasn't. 0 20 MR. CALVERT: Right. , Right. And that's 21 exactly how -- does everybody agree with what she said? u 22 VENIREPERSONS: Uh-huh. 23 MR. CALVERT: She's right. And that's B 24 exactly how the criminal law works. Okay. The fact that [] 25 somebody has previously been convicted of an offense does

DENISE C.PHILLIPS, CSR

0- -- -·--·-··- OFFICIAL COURT REPORTER

---------------------------- ------222ND-DTSTRICT--COURT-------- --- ------ ___ _:_____- --- ----------

0 [J

74 fJ not mean that they're now all of a sudden automatically 1 guilty of the new offense. 2 0

Can everybody on this half of the room agree

3 [J 4 with that? VENIREPERSONS: Yes. 5 0

MR. CALVERT: Everybody on that half room

6 agree with that? 0 7 VENIREPERSONS: (Nods heads.) 8 0

MR. CALVERT: And so, the only reason that

9 the jury even gets to know about a prior felony conviction 10 0 is because that's what makes the possession of a firearm a 11 0 crime, okay, under those circumstances. But it has 12 13 nothing whatsoever to do with whether or not they're 0 guilty of that crime. Does that make sense? Does that 14 15 make sense?

0 VENIREPERSON NO. 3: Uh-huh. 16 / 0 MR. CALVERT: Okay. I'm going to go kind of 17 row by row. 18

0 First row, can everybody on the first row 19 0 promise me -- and more importantly, promise Mr. Greer and 20 promise Mr. Gray -- that you're not going to hold against 21 0 22 him the fact that he has a prior felony conviction as evidence that he's guilty now of possessing a firearm 23

B having been convicted of a felony? 24 0 Are you okay with that? Can you make that 25

DENISE C.PHILLIPS, CSR

.o --

OFFICIAL COURT REPORTER

--- -- -- --- ---- ---- . --- ---- - -- --- ----27 2ND--DISTRICT--COURT-------·-··-·------ -··-··--------- -- ,-···---- - ----· 0 D

75 0-. promise? 1 VENIREPERSON NO. 1: Yes. 2

0

MR. CALVERT: Okay.

3 0 VENIREPERSON NO. 2: (Nods head.) 4 MR. CALVERT: Yeah. How about you? 5 0

VENIREPERSON NO. 3: Yes.

6 VENIREPERSON NO. 4: Yes. 7 0

VENIREPERSON NO. 5: Yes.

8 Ll

VENIREPERSON NO. 6: Yes.

9 10 VENIREPERSON NO. 7: Yes. 0 VENIREPERSON NO. 8: Yes. 11 12 VENIREPERSON NO. 9: Yes. D 13 VENIREPERSON NO. 10: Yes. 0 14 VENIREPERSON NO. 11: Yes. VENIREPERSON NO. 12: Yes. 15

0 16 VENIREPERSON NO. 13: Yes. n VENIREPERSON NO. 14: Yes. 17 VENIREPERSON NO. 15: Yes. 18

0 MR. CALVERT: Okay. Let's start right there 19 20 and go back the other way. Second row, can all of y'all

D 21 make that same promise,{that you're not going to convict a Mr. Greer or start Ryan and Will off at an advantage 22 23 simply due to the fact that he has some criminal history?

B 24 Are you okay with that? Yes? Everybody else? D 25 VENIREPERSON NO. 24: What is the felony? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-U- -- -- ~ --- - ------ -- ------- ------- ----2~-2ND-DISTRICT--COUR'I'---- ---- -------------- -----·- -------- 0 ·D

76 [l MR. CALVERT: Well, right now, we can't tell 1 you. That's one of those things that right now we have to 2

D 3 keep things very broad and very general. 0 VENIREPERSON NO. 24: I'm not going 4 5 truthfully answer that I cannot hold --

0 MR. CALVERT: And that's okay. Let's talk 6 n about that. You know, let me ask you this: Obviously, 7 ^[0] these are the elements that ~have ~o psove. Let's say 8 n 9 that you hear the evidence, whatever the evidence in this 10 case is; and the evidence convinces you beyond a 0 reasonable doubt, yeah, they've got the right guy and, 11 [} 12 okay, they've proven he was convicted of a felony, 13 whatever the felony was; but the State hasn't proven to me

'U 14 beyond a reasonable doubt that he exercised care, custody 15 or control over that firearm. Under those circumstances,

0 16 you understand the law would require you to find him not n 17 guilty? v 18 VENIREPERSON NO. 24: Right. 0 19 MR. CALVERT: Even though you know he's been 0 20 convicted of a felony. You understand that, right? Is 21 that something that is that a law that you could follow 0 2'2 and say, "Yeah I I'm going to hold the State to their .·· 23 burden of.proof and require them to prove each element of 'B 24 the offense and not give the State a head start simply D 25 because I know the peison has previciusly been convicted"? · DENISE C.PHILLIPS, CSR f(

OFFICIAL COURT REPORTER

-kJ--- ---- ------- --.----------------------- ----------2-72ND--D;k.£'I'RI-GT-COUR'I'---------------- --·--------- -----·--·------------ 0 0

77 o. VENIREPERSON NO. 24: Well, there again, it 1 kind of depends on what that felony was. 2 0

MR. CALVERT: Okay.

3 0 VENIREPERSON NO. 24: I mean, if it's 4 something involving a firearm, the original felony, that 5 0

would make me think a little differently.

6 MR. CALVERT: Okay. I understand. I 7 0 understand. I understand. Thank you, sir. 8 n

Everybody else, the rest of that row, are

9 10 y'all good promising me, promising Earl, and also 0

promising Mr. Greer that you're not going to hold that

11 0 12 against him? VENIREPERSON NO. 17: Well, to be honest, 13 ·a J I'm going to agree with that gentleman right there. 14 MR. CALVERT: Sure. This is one of those 15

0 tricky scenarios where y'all are kind of at a disadvantage 16 (] 17 because you don't know the facts of this case, right? And 18 there's always -- when you're in the position that y'all

D

19 are in, it's very easy and very natural to say, "Well, if this fact were there or if this fact were there," and 0 20 21 that's precisely why for purposes of this discussion, we 0 22 have to keep it very broad and general. Let me let me use a different example. 23

0 24 If -- sometimes we have to come in here and try cases 0 25 where somebody is charged with, like, you know, horrible u -~- ~ ------·-- -~-- ····---·- ··- ---·----~~~~~~~~~I-~~-~~~~~:~~~~~-~----·-----··--·--·----------------

DENISE C.PHILLIPS, CSR

0

78

thirigs, like, aggravated sexual assault of a child, right? 1 And people's immediate reaction is anger, outrage; and n 2 let's kill somebody, right? Well, that doesn't mean 3 B they're guilty, right? That means that's what they've 4 5 been charged with. You understand that, right? VENIREPERSON NO. 17: Right. 6

MR. CALVERT: And so -- and there's a 0 7 million little different facts. Do they have any history? 8 0

If so, what for?

9 Right now, the question for purposes of this 10 0

discussion that we have to address is for this type-of

11 0 law, for this type of offense, do you agree with me that 12 the defendant is presumed innocent as he sits right now 13

0 having heard no evidence? 14 VENIREPERSON NO. 17: Oh, yes, I agree with 15

0 that. 16

D

17 MR. CALVERT: Okay. And do you agree with 18 me that if the State -- we should have the burden and do

0 19 have the burden of proof? 20 VENIREPERSON NO. 17: Yes. 21 MR. CALVERT: And if -- giving an example 22 of -- give an example of a prior offense that you're 23 talking about that would concern you? 24 VENIREPERSON NO. 17: Well ^[1] unless I

c j 25 misunderstood your question, what I was under the DENISE C.PHILLIPS ^[1] CSR Q __ OFFICIAL COURT REPORTER - ---2~2ND-IJI-S'I'-R-I-C-T-GOUR'I'--------- -------- - --- - --- ------- u 1

79

l. impression was, if you were to be able to prove that he 1 was a convicted felon and that he had used a gun 2

previously in the felony -- 3 MR. CALVERT: I understand. 4 VENIREPERSON NO. 17: It's like where 5

there's smoke, there may be fire. I mean, that's -- 6 MR. CALVERT: Sure. 7 VENIREPERSON NO. 17: -- been my experience. 8 J 9 Not always; but I mean, it would definitely jade my thinking a little bit. But I would look at the -- 10 J 11 MR. CALVERT: Yeah. And that's -- that's 12 okay. Okay. That's okay. Again, that's going to depend

J 13 on the facts and evidence in that particular case, right? J 14 I guess the point I'm making is that at this point in the 15 discussion, it could be any felony. It could be drugs.

J

It could be anything, right? 16 17 Keeping that in mind and not looking for 18 specific facts, "Well, if I hear this fact, that's going to be bad for him." Well, of course, that's true in any 19

] 20 case, right? But keeping in mind the fact that you know 21 there's a felony out there or that there's an allegation ~ ./ 22 of a felony conviction out there, can you put that aside 23 and force the State to prove each and every element of the

j 24 offense and not simply convict him because there's an 25 allegation of a prior felony conviction?

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTE.R

~ - - ~-- _______ ---~----------- ______ 2_7_2ND-DTSTRICT-COURT---------------------------- -------------- ~1 )

0

80

0--, VENIREPERSON NO. 17: I think I can. 1 MR. CALVERT.: Okay. Very good. 2 D VENIREPERSON NO. 17: I think I can. 3 B MR. CALVERT: All right. Mr. Cobos, are you 4 5 okay with that?

VENIREPERSON NO. 16: Yes, sir. 6 MR. CALVERT: Mr. -- is it Espino? Did I 7 say that right? 8 n

VENIREPERSON NO. 32: Espino.

9 MR. CALVERT: No. 32. Okay. And you're one 10 0 of my real quiet ones, Mr. Espino. Do you have any 11 questions about anything so far? 12

D~

VENIREPERSON NO. 32: Not yet. 13 0 MR. CALVERT: All right. Can you, again, 14 15 promise the Defendant that you're not going to hold it

D 16 against him or at least start us off at a disadvantage ·o, 17 simply because there's an allegation that he's previously ' ' 18 been convicted of a felony? 0 VENIREPERSON NO. 32: I have no problem. 19 MR. CALVERT: Are you okay with that? 20

D

Mr. Irvin? 21 .n VENIREPERSON NO. 33: Yes. 22 23 MR. CALVERT: All right. Mr. Moore?

G

VENIREPERSON NO. 34: Yes. 24 [ J MR. CALVERT: Mr. Masterson? 25

DENISE C.PHILLIPS, CSR

Q _______ -------------------------0~-~~~~~~I~-~~~~T R~~~~~-ER _______________ -------------------- '0 n

81 n .. VENIREPERSON NO. 35: Yes. 1 ~/ MR. CALVERT: All right. Ms. Steckman? 2 B VENIREPERSON NO. 36: Yes. 3 8 MR. CALVERT: The rest of that row, 4 everybody else -- everybody else good? 5

0

VENIREPERSONS: Yes, sir.

6 MR. CALVERT: Last row, starting back there. r]· 7

·L

and going down this way, is there anybody else that says, 8 0 "I -- the fact I don't care what the felony is, the 9 fact that there's an allegation that somebody's been 10 0

previously convicted of a felony, I'm starting the State

11 0 off with ~n advantage." 12 Last row, is everybody good? 13 0 ' Yes, sir, No. 48, Mr. Watson? 14 VENIREPERSON NO. 48: Yeah, I think so 15

,0 because if I know that I have certain circumstances that 16 D 17 I'm supposed to abide by to enable me to, you know, be a 18 member of society again, and whether -- if I know my

0· roommate has a gun in the house and I'm not supposed to 19 0 have a firearm in my possession, then that's on me. 20 I know that he has it in the house. 21 MR. CALVERT: Sure. Sure. At this point, 22 though -- and that's fair. But the question right now is 23

B can you look at the evidence in this case and make the 24 0 State prove each and every element of the offense and not 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

D-~- ___________ ------------------------- ___ 2_7.2ND __ D.IS.TRICT_CO.URT ___________________________________ _ n

82

p :J simply say, "Well, clearly,. he was convicted of a felony 1 beforei so, he must be guilty of possessing a firearm 2

0

here." That's kind of what we're talking about.

3 n· VENIREPERSON NO. 48: I'm stuck on the 4 .. v knowledge that it's on -- even if it's not mine, in light 5 0· of what you said earlier, I'm stuck on the knowledge that 6 it•s,in my house even though it's not mine personally. 7

(l

LJ

MR. CALVERT: I understand. Okay.

8 0 Can anybody tell me what that is? The Fifth 9 Amendment to the United States Constitution? 10 0 The Fifth Amendment is protection against 11 0 self -- 12 VENIREPERSONS: Incrimination. 13

[J

14 MR. CALVERT: Incrimination. Very good. D 15 What the Fifth Amendment says is in a criminal trial the person charged with a crime has an absolute right if they 16 0 want to, to not testify at all, period, the end. And if 17 they exercise that right, under absolutely no 18

[J

circumstances can the jury hold that silence against them 19 0 20 at all for any reason whatsoever. Does that make sense? 21 Let me go back to let me go to one of my

0 22 really quiet ones; Mr. Strong, are you okay with that? 23 VENIREPERSON NO. 45: Yes. :0 '24 MR. CALVERT: Is it Mr. -- help me with your 0 name, sir? 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

r1 ____ _____ _ __ _____ _ __ ____ ~-2._72_ND_ ___ D_IS_TRICT ___ C_O_UR T _________ . __________________ ...... _______ ~-- ______ ---- __ _ -'C:;;i-- ·- -··-··--- 0

83

\ VENIREPERSON NO. 44: Haque. 1 1-- MR. CALVERT: Haque? 2

I

VENIREPERSON NO. 44: Yes. 3 MR. CALVERT: Okay. Is it Dr. Haque? 4 VENIREPERSON NO. 44: Yes. 5 ' II MR. CALVERT: What do you teach, sir? 6 J VENIREPERSON NO. 44: Structural science. 7 MR. CALVERT: Okay. Are you okay with the 8 notion, Doctor, of that you don't have to testify? If 9 10 you're accused of a crime, you don't have to say a word? 11 Are you okay with that? 12 VENIREPERSON NO. 44: Yes. MR. CALVERT: Okay. Mr. Barker, how about 13 14 you? Are you okay with that? 15 VENIREPERSON NO. 43: I'm okay.

)

'j

MR. CALVERT: Yeah. If'-- very often in

16 } 17 criminal trials, a jury will never hear the voice of the defendant. Okay? And that's okay. What the law says is 18

_} if the defendant chooses not to testify, the jury cannot 19 20 consider that as evidence against him. 21 Now, a lot of folks tell me, "Ryan, I get 22 that; but if it was me, wild horses could not keep me off 23 the witness stand. I would want to get up there and 24 defend myself." And that's a perfectly natural way to 25 feel. And it's great to have the luxury to be able to say

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

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84

I that. 1

J

But, Mr. Kelling, you agreed with me earlier 2 when we talked about how the State has the burden of 3 proof, right? 4

J

VENIREPERSON NO. 5: Right. 5 MR. CALVERT: Would you agree with me that 6 if a jury was going to hold it against somebody if they 7 }

don't testify, you're shifting that burden to a degree

8 over here because you're telling the defendant, "You've 9 J got to show me something; and if you don't, I'm going to 10 hold it against you," right? 11

1 J I agree, but I also VENIREPERSON NO. 5: 12 I go back to your other statement. If I felt I was 13 } innocent, wild horses couldn't keep me from being on the 14 stand. 15

J

MR. CALVERT: Sure. 16 17 ( VENIREPERSON NO. 5: And as a juror, I would 18 look at, okay, what is that person afraid to say on the

~ ,, J stand? What are they hiding? 19 MR. CALVERT: Sure. And absolutely. That's

20 } a fair way to feel. But can you think of any other reason 21 } 22 why somebody may not want to testify? Can anybody? 23 Yes, _rna' am?

l lf

24 VENIREPERSON NO. 42: Their counsel may have } ~dvised them not to. 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

J -- -- --- --- --- ---- ----------- -- ---- ---27-2ND--DISTRICT----COURT-----------~------------------- --- ------~---------- }

85

MR. CALVERT: Yeah. What if your lawyer 1 says, "Shut up. You're not testifying," right? Or can 2 1 J

anybody think of another one? 3 Yes, ma'am, No. 54? 4 VENIREPERSON _NO. 54: Incriminating somebody 5 else. 6 MR. CALVERT: You might incriminate somebody 7 .,, 8 else, right? Can anybody think of another one? 9 VENIREPERSON NO. 11: Cross-examination, you 10 11 can lead the witness. ' MR. CALVERT: You caR -- anybody here 12 anybody here have the feeling as we're as I'm up here 13

talking to y'all and in a little bit Earl will be up here talking to y'all, do you get kind of nervous when you know you're going to get called on and asked to talk and answer questions? Anybody have that feeling?

VENIREPERSON NO. 42: Yes. MR. CALVERT: Yeah. You think that might be

a little bit true if you come up here, and we're going to cross-examine you, and it's going to be a lot different than this, right? Anybody here feel like themselves or they know somebody who from whatever reason just does not present well in -- I used to have a boss who was a lawyer and we used to joke that we should have a rule that he's

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-- ---- - ------------------ --.---- ------2.'7-2ND-D I STRICT-COURT-------- ------ ------ --- ------------ -c 86 l I not allowed to talk in public because .it was bad, right, 1 J-.

when he talked.

2

J

So, can everybody agree there's a lot of 3 reasons why somebody may not testify? 4 ~

Mr. Kelling, do you agree with that?

5 VENIREPERSON NO. 5: Again, I'll go back to J 6 I don't care how bad of a speaker I am. I don't care how 7

J

bad of a presence I have. If I truly in my heart feel I'm 8 innocent, I should have nothing to be afraid of. 9

J

MR. CALVERT: Okay. Yes, ma'am? 10 ~ VENIREPERSON NO. 42: I can address that. I 11 had a situation when I was in college where my car was 12 J stolen, and the police carne to the house, and I don't 13

J

present well, and my spouse at the time didn't look like 14 he presents well. And they went away clearly believing 15

J that we had stolen our car, and -- and they cased the 16 h joint for the next week waiting for it to turn back up. 17 u MR. CALVERT: Let me -- that's absolutely-- 18

J

let me kind of give you a real world example. We tried a 19 case in here, I guess, just a week or two ago where a _guy 20

J

was charged with the offense of assault, okay, on a 21 j girlfriend. And he assaulted -- or had been accused of 22 assaulting not one, but two other girlfriends previously, 23

~ right? And there was a real danger that if you testify 24 and say something, it might open the door to us getting 25

J

DENISE C.PHILLIPS, CSR

. OFFICIAL COURT REPORTER ] · ---- ---- ------ - -----~--------------·-- -2-7-2-N-D-IJI-S'I'-R-I-<:;:-'1'--GOUR--'I'--~----- --- -----~-~--- --------- --- l

87

"'""'-I. into these other girls, right? J

1

There's all kinds of reasons, like you said, 2 3 why somebody may not testify, right?

And so, Mr. Kelling, I'll start with you. 4 5 And the real question is this: Right now -- you 6 understand and we can agree that the law requires the jury 7 to not hold it against the defendant if he doesn't 8 testify, right?

VENIREPERSON NO. 5: Sure . . 9 MR. CALVERT: At the end of the day the 10 11 question we have to have answered is: Is that a law that 12 you can promise me and promise the Defense that you can 13 follow? VENIREPERSON NO. 5: I would have a 14 difficult time with that. 15 MR. CALVERT: Okay. All right. Everybody 16 17 else on the first row, can everybody make that promise 18 that if the Defendant exercises his right not to testify, you're not going to hold it against him? All right. 19 Second row, same question, everybody good? 20 21 Oh, talk to me. What's going on? And 22 you're -- hold om. What's your number? You're 23 Mr. Parker~ Mr. Parker, No. 22, what are you thinking? VENIREPERSON NO. 22: If you don't stand up 24 for yourself, why should you think somebody else should? 25

J

DENISE C.PHILLIPS, CSR

~--- -- --- -- --- -~---------------------~~-~~~-~~~1-~~~-~~T~~~~~~~~-------------------------- - - - - ------ ------ l

88

l MR. CALVERT: That's why Earl gets the big 1 bucks. 2

l VENIREPERSON NO: 22: I'm a believer in, you 3 j know, you have to speak your side of everything. 4 MR. CALVERT: Okay. 5

l VENIREPERSON NO. 22: And if you elect not 6 to, then, to me, you're just -- basically you're hiding 7 l

J

behind something.

8 MR. CALVERT: All right. J 9 10 Yes, ma'am, No. 30, Ms. Moore. What are you ~ thinking? 11 VENIREPERSON NO. 30: I would say that you 12

~-

c)

probably couldn't help but be somewhat suspicious as to

13 ~- why. 14 MR. CALVERT: And that's okay. Look, nobody 15

J

is saying there's not a sign,downstairs that says, 16 17 "Please check your life experience and common sense with ~ 18 the courthouse security before coming to jury duty," ~ right? Nobody is saying you can't be people, and nobody 19 is saying you can't be curious about that. That's not 20

J

what we're saying at all. 21 J 22 What the law says simply is that it requires 23 jurors to compartmentalize and say -- you can be as ~ curious as you want to and think, "Hey, I wonder why he 24 25 didn't testify." That's fine as long as you don't then

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ---- - ----- ----------------- ------- ----2-7 2 ND-DJ: STRJ:CT--C OUR'I'------ ---------------------------- -- -

---- - -- ------ -- --- ] 0 89 [l 1 take the next step of saying, "I'm going to take that as 2 evidence that he's hiding something, or he's guilty, or

n 3 I'm going to see it as evidence in favor of the State." 0

That's all the law requires. Okay? You can

4 5 be curious as long as you don't then take that next step

D 6 of shifting that burden and telling the Defendant, "You 7 have to show me something, or I'm going to find you

0 8 guilty." 0 9 Are you comfortable with that? VENIREPERSON NO. 30: Right. Right. I'm 10 0 11 just saying that, ultimately, there's the chance that it 0 could influence your reaction to things. 12 MR. CALVERT: Okay. Well, let's talk about 13

0 14 ·that. If the Judge instructs you, as I anticipate the 15 Judge will, in the event the Defendant doesn't testify,

0 16 that you are not to consider the failure to testify for 0

any purpose whatsoever, is that an instruction, is that a

17 18 law that you could follow?

D

19 VENIREPERSON NO. 30: Well, consciously, I 0 20 could. Subconsciously, I don't know. MR. CALVERT: Okay. Ms. Carter, are you 21 tJ 22 okay with that? VENIREPERSON NO. 29: Yes. 23

0 24 MR. CALVERT: Mr. Lavender, how about you?

D

VENIREPERSON NO. 28: Yes. 25 DENISE C.PHILLIPS, CSR _Q:_ OFFICIAL COURT REPORTER - --- - ---· ------- ---------------- -----2-7-2ND--D-I-S-'T-R-IC-'I'-COUR-'I'-- ------- ---------- ----- ----------- - 0 0

90 0 MR. CALVERT: Mr. Strong, are you okay with 1 that? 2

0

VENIREPERSON NO. 45: Yes.

3 MR. CALVERT: Mr. Barker? G 4 VENIREPERSON NO. 43: I think where I 5 D struggle with it is that each -- each on its own, I 6 probably could; but when you put the two together, you 7

0

know, having the past felony and then choosing not to

8 0

speak for himself, each one erodes the credibility. So, I

9 10 think it becomes easier in my mind to prove the -- without 0 reasonable doubt, that there was a law broken because each 11 0 12 one promotes a little bit more on top. So, it becomes a 13 little more difficult. 0 14 MR. CALVERT: Ms. Ford, what you do think? 15 Are you okay if the Judge instructs you that you can't

0 consider it for any reason? 16 0 17 VENIREPERSON NO. 42: I could. 18 MR. CALVERT: All right. Mr. Davis, how

0 about you, sir? 19 0 20 VENIREPERSON NO. 41: I'm okay with it. 21 MR. CALVERT: You're okay. D 22 Okay. Ms. Boone? 23 VENIREPERSON NO. 40: Yes, I'm good.

0 24 MR. CALVERT: Okay. The rest of that row is D 25 everybody good?

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER - . ---·· --- -----· ~---------------------------222ND-DTSTRICT-COURT-------.-------- ------------~- 0 0

91 Ms. Nelson, you've been real quiet. Do you 1 D--- have any questions about anything? 2 0 I just couldn't say. VENIREPERSON NO. 39: 3 8

I would try very hard not to hold that against him; but,

4 especially, you know, having a past felony; and if he's -- 5 0 it would be very -- psycholo~ically, I don't think I can. 6 It would I'm afraid I might tend to hold it against 7 0

him. And if his lawyer is telling him that, get a new

8 0

lawyer.

9 MR. CALVERT: I'm going to -- I'm going 10 0 to -- I'm going to disagree with you for a second, 11 0 Ms. Nelson, because I'm somebody who's been -- I've done 12 both jobs. I've been a criminal defense attorney, too. 13 0 And I can tell you that there's a lot of times where you 14 don't want the defendant on the stand. Okay? 15 0 And I've been prosecuting long enough now to 16 0 know that very often if the- defendant does get on the 17 stand, it doesn't help him. Okay. And it's a defense 18

0 attorney's job to know when that might happen and know 19 0 that that may be a possibility and tell them, "Shut up." 20 okax. 21 0 22 And so -- and again, the concerns that you 23 have about yourself are very natural. And I think

0 everybody shares those concerns on some level if they're 24 0 in the position that you're in. But ultimately, the 25

DENISE C.PHILLIPS, CSR

D OFFICIAL COURT REPORTER

_ _____ __ __ _ ___ _ _______________________________________ 2_7_2 ND_D_ISTRICT ____ COURT _ ----------------------------- -------- -----------------

0 0

92 0.-, 1 question is this -- it's kind of like we talked about over 2 here. I anticipate the Judge will instruct you that,

[l 3 again, if the Defendant exercises his right and doesn't 0 4 testify, you may not consider that as evidence, period, 5 the end. Is that something -- is that an instruction from

0 6 the Judge you could follow if you realiy look inside 7 yourself?

0

VENIREPERSON NO. 39: Yes.

8 0 MR. CALVERT: Okay. Thank you, ma'am. 9 10 Mr. Pfitzer, what do you think? 0 11 VENIREPERSON NO. 38: Yeah, it is an D 12 instruction that I could follow certainly. But like 13 Ms. Nelson said, I fear that subconsciously it will 0 14 influence me. You know, and I'm not speaking about 15 specifics, in general.

[J

16 MR. CALVERT: Sure. 0 17 VENIREPERSON NO. 38: That's just a reality. 18 I mean, it's just -- and I think you said that.

0 19 Yes, to answer your question, I could follow 0 20 iti but it would be difficult. 21 MR. CALVERT: Sure. Okay. That's fine. 0 22 The rest of that row, are y'all good? 23 Mr. Arias, are you okay with that?

0 24 VENIREPERSON NO. 37: Yes, sir. 0 25 MR. CALVERT: All right. Last row back DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0---

________ ----------- _________________ 2_72ND_DIS.TRICT_COURT ____________ . ________________________ _

[] } 93 here, everybody good? 1 Yes, ma'am, No. 53, is it Draper? 2

l

VENIREPERSON NO. 53: Draper.

3 MR. CALVERT: What are you thinking? 4 1 I don't think I could VENIREPERSON NO. 53: 5 J follow that. 6 MR. CALVERT: Okay. I appreciate that. I 7 ] appreciate it very much. Anybody else in that last row? 8 ] MR. GRAY: What's the number on that? 9 MR. CALVERT: 53. 10 J All right. Oh, yes, ma'am, No. 60? 11 12 VENIREPERSON NO. 60: I want to make a 13 comment that, I mean, if it was my daughter up there on 14 trial and she was totally innocent, I might not want her to speak up. 15 MR. CALVERT: Okay. 16 17 VENIREPERSON NO. 60: That's because I would 18 feel that what she might say might make her look guilty, 19 and that's not fair to her. 20 MR. CALVERT: Yes, ma'am. Thank you, 21 Ms. Hudspeth. 22 THE COURT: You've got about three or four 23 minutes to go. 24 MR. CALVERT: Yes, ma'am -- yes, Your Honor. I'm sorry. 25 I apologize, Judge.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

________________________________ 2_72 ND_ __ DI STR I CT_CODR T--·----·----- ----------------------- --- ----·------------- 94 and, Last thing I want to talk about again, this is something that we're not going to spend a whole lot of time on now, but I want to reiterate something the Judge said earlier. That if myself or Earl ever ask y'all anything that you're not comfortable discussing in front of a really big group of strangers, we can bring you in with a much smaller group of strangers later on. Okay?

But I want to ask y'all, personal experience, either you or somebody close to you -- and we're going to focus on negative experience with law enforcement. You've been arrested or somebody close to 12 J 13 you has been arrested or charged with something. And, J again, if you're not comfortable discussing it here, we 14 can discuss it later. I just need to know if there's 15 J something there that we need to talk about. First row, show of hands, anybody, anything that we need to talk about as far as experience with law enforcement, experience with cops?

Yes, ma'am? VENIREPERSON NO. 1: I'd like to discuss it

later. MR. CALVERT: Talk later. Yes, ma'am. And you're Ms. Cox, No. 1. Thank you. Anybody else on that first row? l1 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

--- -- --···- ··-···-·----------------- ----------2-7-2ND-Il:IS'I'R-:IG'I'-GOUR'.I'.- ---- ------------------------ --------·--·---------- n u

95

0 Second row? Yes, sir, Mr. Holt? 1 VENIREPERSON NO. 17: Yes. 2

D MR. CALVERT: Are you okay talking about it? 3 0 VENIREPERSON NO. 17: No, I'd prefer to 4 talk -- 5

0

MR. CALVERT: Talk later. Okay.

6 Rest of that second row? 0 7 Third row, anybody? 8 0

Last row back there?

9 Yes, sir, Mr. Watson? 10 0 VENIREPERSON NO. 48: Speak later, please. 11 0 MR. CALVERT: Yes, sir. I ·thought· I saw 12 13 another one. We've got a couple more back there.

0 14 Ms. Nichols, is it? 15 VENIREPERSON NO. 57: Yes, later.

0 16 MR. CALVERT: Later~ yes, ma'am. 0 And Ms. Dean? 17 VENIREPERSON NO. 54: Make a difference if I 18

0 have a lot of family in law enforcement in thi~ area? 19 0 20 MR. CALVERT: It would only make a 21 difference if -- well, first of all who?

0 VENIREPERSON NO. '54: Sergeant Dean who 22 works for College Station. 23

0 24 MR. CALVERT: For College Station? Okay. 0 25 VENIREPERSON NO. 54: Uh-huh.

DENISE C.PHILLIPS, CSR

0

OFFICIAL COURT REPORTER

____ -- --------- ------------------·-·--------------------2-7-2ND--DISTR-ICT-COUR-T---------·--------- ---- --------- ---------- --- --- D 0

96 0 MR. CALVERT: Okay. His name is Dean, 1 Sergeant Dean? 2 0

VENIREPERSON NO. 54: Yeah.

3 8 MR. CALVERT: Okay. I don't think he's 4 going to be a witness in this case, but if other police 5

0

officers come in to testify, are you going to start them

6 0 off more with credibility than anybody else or treat them 7 differently than any other witness because of your family 8 0 relationships? 9 VENIREPERSON NO. 54: I know a lot of them, 10 0

but I wouldn't --

11 0

MR. CALVERT: Okay. Anybody else with

12 13 experience with law enforcement that we need to talk about

0 later? 14 Yes ^[1] sir, No. 20, Mr. Smith? 0 15 VENIREPERSON NO. 20: I work for the police 16 0 department. 17 MR. CALVERT: Okay. 18

0 At Texas A&M. 19 VENIRE PERSON NO. 20 0 20 MR. CALVERT: Is there anything 21 VENIRE PERSON NO. 20: I'm not an officer.

0 MR. CALVERT: Is there anything about the 22 fact that you work for a police department that -- you 23

0 understand the law requires jurors to -- in assessing 24 0 credibility start everybody off equally, right? 25

DENISE C.PHILLIPS, CSR

0

OFFICIAL COURT REPORTER

- ~ ··-- ---· -----·- --··------·--------·------------·-2-7-2ND---:GJ-I-S~RI-GT--GOURT·-------·- -------···------------- --------------- n

97

0 i' Could you treat a cop the same way you treat 1 everybody else until after you hear what they have to say? 2 0

VENIREPERSON NO. 20: Yes.

3 0

MR. CALVERT: All right. Anybody else that

4 we missed? 5

D

Yes, ma'am, No. 39? 6 VENIREPERSON NO. 39: I don't know if I'm 0 7 supposed to say so, but I have a son who was a DPS 8 0

officer; and now he's in the FBI.

9 MR. CALVERT: He's in the FBI. Okay. Where 10 0 is he stationed? 11 0 VENIREPERSON NO. 39: He's in Washington. 12 MR. CALVERT: Washington. Is there anything 13

0

about the fact that your son is an FBI agent that would,

14 again, cause you to start a police officer witness off 15 0 with more or less credibility than any other witness 16 0 before you hear what they have to say? 17 VENIREPERSON NO. 39: I don't think so. 18

D

MR. CALVERT: Okay. Thank you, ma'am. 19 u 20 Anybody else that I missed? VENIREPERSON NO. 3: I had a cousin who was 21

0 22 a police officer in another state, and he was on a stop, was shot and killed by a felon. 23

D

MR. CALVERT: Well, I'm sorry to hear that. 24 0 25 Was that recent? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

_Q __ --- -- ------------------- -----2-7-2ND--D-I-£~R-I-C.!I'--COUR'T------------------ --------- ---- ------ 0

98

VENIREPERSON NO. 3: No. 1 MR. CALVERT: Can we agree that obviously 2 3 Mr. Greer had nothing to do with that?

VENIREPERSON NO. 3: Yes. MR. CALVERT: Would you agree w~th me that

it would not be fair to hold that family experience against Mr. Greer, right?

VENIREPERSON NO. 3: Yes. MR. CALVERT: Could you promise me and

promise the Defense that you're not going to somehow use the fact that your cousin who was an officer was killed, use that in any way against Mr. Greer who had nothing to do with that?

J

1 14 VENIREPERSON NO. 3: No.

15 MR. CALVERT: Okay. You're okay with that? Thank you, ma'am. 16 THE COURT: Time has expired. 17 18 MR. CALVERT: Yes, sir. I thank y'all very

} 19 much for your attention and participation and ask that you give Earl the same level of participation, and I look 20

J

21 forward to working with 12 of you. Thank you. THE COURT: Ladies and gentlemen, I'm about 22 J 23 to give you a break. It's going to be a little bit 24 longer, 15 minutes. We're going to be in here talking to 25 some of you one-on-one during your 15-minute break. I'm

DENISE C.PHILLIPS, CSR

}_

OFFICIAL COURT REPORTER

-------------- ------- - -~ ----- ----2~-2N-D--D I-S'J'.RI-G-T-GQUR-'E---- -------------· ----· -------- --------·-·- 1 0 99 n going to ask these to stay outside the door to be ready to 1 have your name called to come in and talk to us 2

B

one-on-one. 3 0 The rest of you, leave your cards under your 4 5 seat; and when I excuse you, take a 15-minute break and

0

then gather outside the door. Hold up just a second.

6 Those people that I need to remain outside 7 D

the door now are Juror No. 1, Juror No. 5, Juror No. 17,

8 0

Juror No. 22, Juror No. 24, No. 30, No. 48, No. 53, and

9 10 No. 57. 0

The rest of you take a 15-minute break.

11 0 12 Thank you very much. 13 (Venire panel retired.)

0 14 THE COURT: Ma'am, wait outside the door; 15 and I'm going to call you in. You'll be the first one to

0 talk. I tell you what. Since you're f~rst, you can just 16 0 17 sit right there in the chair. Thank you. 18 VENIREPERSON NO. 1: Yes, .sir.

0 19 THE COURT: Okay. Let's take up Juror 0 20 No. 1. Come on up, ma'am. 21 (Venireperson No. 1, Kathryn Patricia Cox,

0 22 at bench.) 23 THE COURT: You mentioned you had something

0- -- ··- .. - -- 24 you wanted to tell us. 0 25 VENIREPERSON NO. 1: Hello, sir.

DENISE C.PHILLIPS, CSR

0-- -

OFFICIAL COURT REPORTER

---- -------------- --------------2-7-2N-D-B-I-STRTeT-eOURT---- -------------------- -------------- 0 0

100 0 THE COURT: How are you today? 1 I just didn't feel VENIREPERSON NO. 1: 2

B comfortable talking about this in front of everybody. 3 0

THE COURT: That's why I wanted to hear from

4 you. 5 n VENIREPERSON NO. 1: There's an experience 6 with police, not really me personally; but I guess in a 7 0 way me personally; but my older three sons are in trouble 8 0 with the law. My oldest son, his name is Heath Hopkins. 9 I don't know if it matters to say his name; but, anyway, 10 0 he has mood disorder bipolar. And in July 2009, he and 11 0 his girlfriend -- and she has mood disorder bipol~r; and 12 they had an argument; and she called me; and then, I carne; 13

0 and apparently, theii argurn~nt escalated; and she -- 14 THE COURT: Okay. Let me stop you there. 15

D

16 You have a son that's had problems with law enforcement. 0 VENIREPERSON NO. 1: He got tased, and he -- 17 THE COURT: Okay. 18

0 VENIREPERSON NO. 1: Anyway, my older three 19 .f) 0 20 sons and my brother. THE COURT: And you've got other sons that 21 u 22 have been in trouble with law enforcement? VENIREPERSON NO. 1: Yes. 23 -~--------- -~ - - - - -- ----------- ------------·---------------------------------------------- - - - - - - - - - THE COURT: Anything e_lse you want to tell 24 ^[1] 0 25 us? Could you be fair to both sides of this case? u -- --- --- - DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -2 92NB--B-I-S'P-R-I-C'I'--C0URT- · --- ---- -- ---- - --- --- - ---- -- ---- --- ----

~--------------------------------------------------------------~ 0 ]

101 VENIREPERSON NO. 1: I think so. 1 THE COURT: Any questions from the State? 2

MR. CALVERT: Ma'am, briefly, do you feel 3 } like -- you mentioned your son was tased and that kind of 4 thing. Do you feel law enforcement treated your son ·5

}

fairly?

6 VENIREPERSON NO. 1: Well, they felt 7

J 8 threatened as far as from hearing the case. They asked me to speak, and I gave the best ability, and I watched his 9 10 jury trial, and they found him guilty. But it was kind of 1

J

hard on me, but I gave the honesty that I saw that I could

11 see. 12 13 MR. CALVERT: So, you -- 14 VENIREPERSON NO. 1: One officer told me to 15 stand back. They thought he was resisting arrest. 16 MR. CALVERT: Okay. So, your son went to trial like this? 17 18 VENIREPERSON NO. 1: Yes. MR. CALVERT: Okay. Was that here in Brazos 19 County? 20 21 VENIREPERSON NO. 1: Yes. 22 MR. CALVERT: Okay. Let's first talk about the police out there at the scene. Okay? Do you feel 23 24 like the police were fair to your son in how they treated him and what they did? 25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ - - - -- ~- ----- ~-~ -~-- -- ------- - - --- -2 72N:E>-DrSTRTCT-COl:JRT- -- -- -~ --- ~ ~- - ~-- ~ - ~-- ---- ~~- } [l 102 [] I guess they felt VENIREPERSON NO. 1: 1 threatened because he was upset, and they felt he was 2 0

argumentative.

3 0 MR. CALVERT: I understand. 4 VENIREPERSON NO. 1: I knew he didn't think 5 '[} he was doing any wrong. 6 MR. CALVERT: I understand. I'm asking for 7 0

your opinion. Do you think the police were fair in what

8 0 they did? 9 VENIREPERSON NO. 1: Well, at the time, I 10 0

didn't think they needed to tase him; and I was wanting

11 0

them to let me try to talk to him to calm him down; but

12 they wanted me to stand back. And it was just a hard time 13 [) at that time. 14 MR. CALVERT: I understand. And then, with 15 0 respect to the fact that our office prosecuted your son, 16 0 is that something that you feel like is going to be a 17 factor in your mind in hearing this case given the fact 18

0 that we're the same agency that prosecuted your son? 19 0 VENIREPERSON NO. 1: I would hopefully not· 20 think so because I would look at this like a different 21

0 thing of someone else. It's just -- he had mental issues, 22 mood disorder bipolar, but not on any medicine; and he had 23

0 an argument his with girlfriend. 24 [l 25 MR. CALVERT: I understand. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0------ ----------- ---- '-- ---------·- ------------ --2-9--2 ND -DrS TR:-I-C:T-- -C:OURT---------- -- ----------------- ----------------------- 0 n '\.-'

. 103 VENIREPERSON NO. 1: They did what they 1 thought was best at the time. 2

MR. CALVERT: I understand. And ultimately, 3 0

the one question that we have to know from you is: Can

4 you would you be able to treat police officers the same 5 [J as any other witness? 6 VENIREPERSON NO. 1: Yes, I would treat them 7 0 8 with respect and listen impartially. [}

MR. CALVERT: Okay. And could you -- are

9 you coming in here -- am I coming in here as a prosecutor 10 0 in Brazos County at a disadvantage in your mind because of 11 0 the fact that we prosecuted your. son? 12 VENIREPERSON NO. 1: No, you would not be. 13

0 MR. CALVERT: All right. Thank you. That's 14 all I have. 15

D

VENIREPERSON NO. 1: I just wanted to say 16 0 17 what happened. THE COURT: Thank you. You can take your 18

0 break now. 19 0 VENIREPERSON NO. 1: Okay. 20 THE COURT: Stay with us. 21

0 (Venireperson No. 1 retired to hallway.) 22 THE COURT: No. 5. 0 23 MR. CALVERT: Earl, we'll stipulate on this 24

D

guy. He was pretty clear. 25

DENISE C.PHILLIPS, CSR

f(

OFFICIAL COURT REPORTER

-h/~- - - - --- ----------- --------·-----·---···--- -2·9-2-ND--BI-STRTCT-CC::>URT----~ --------·---- ------------ ··· -····-····-- ---- 0 n

104 o. MR. GRAY: What's that? 1 MR. CALVERT: No. 5, we'll stipulate on him. 2

0 He was pretty clear. 3 0 MR. GRAY: Okay. 4 THE COURT: You agreeable? 5 n 6 MR. GRAY: Yeah, t_hat's fine, Judge. THE COURT: No. 5, for the record is excused 7 0 for cause. 8 [1 (Venireperson No. 5 excused for cause.) 9 10 n 11 THE COURT: No. 17. THE BAILIFF: Do you want me to tell that to u 12 No. 5? 13 THE COURT: Yes, No. 5 is excused. He can 0 14 leave the courthouse. 15 No. 17.

tJ (Venireperson No. 17, Michael Lee Holt, at 16 D 17 bench.) THE COURT: Hello, Mr. Holt, how are you 18 0 today, sir? 19 0 20 VENIREPERSON NO. 17: I'm doing good. Thank 21 you. 0 22 THE COURT: There was something you wanted to bring up privately? 23

0 24 VENIREPERSON NO. 17: Yes. 0 25 THE COURT: More privately, anyway. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

D--- --- --- - --- ------ - ----2-7-2-NB-B-I-S!f-R-I·G.o:I'---eGURT------------------- ------ ----- ------- --- - - -------- [J 0

105 0 VENIREPERSON NO. 17: Yes. Well, the 1 question was whether I'd had a bad experience or -- with 2 0 law enforcement, and I've had three. 3 THE COURT: Okay. G 4 VENIREPERSON NO. 17: And all of them were 5 '0

when I was younger.

6 n

THE COURT: All right.

7 VENIREPERSON NO. 17: When I was a teenager 8 [}

and going to college at Tarleton State University, and I

9 • / was going through a little town called Dublin. We had to 10 n go through Dublin to get to Proctor where the dance hall

11 [} was. And I had two other friends with me, and I had a 12 pickup. I had loud pipes on it, and the police officer 13

0 stopped me outside of the city limits. He and his deputy 14 asked us to step out of the car. He said leave it 15

'Q

running. He got in and floorboarded my truck, and 16 0 17 In the interest of time, we may THE COURT: 18 need to get the details on this later; but let me just

0 19 jump cut to the chase on this. Are those three 0 20 incidents, are any one of them going to render you in any way unfair to the State in this case? 21 u 22 VENIREPERSON NO. 17: I don't think so. THE COURT: Are you holding any bad feelings 23

0

about that against law enforcement?

24 0 25 VENIREPERSON NO. 17: No, I think I'm a

DENISE C.PHILLIPS, CSR

f'( OFFICIAL COURT REPORTER -l::::f--------------------- ----------------~-----------------2-7-2-NB--DTSTR-I-CT-C0URT--------------------------------------------------- o

106

pretty good judge of characteri but I will have to say 1 that every time I get stopped, which is not very often, I 2

flinch a little bit because I never know what I'm goipg to 3 }

get.

4 THE COURT: I understand. And you mentioned }

that you had a few problems with the Fifth Amendment, as I

recall -- no

J VENIREPERSON NO. 17: No. THE COURT: -- the prior conviction, that

you might hold that against him on the guilt/innocence issue of the case on trial?

VENIREPERSON NO. 17: It would -- THE COURT: Can you assure me that you would

not let that influence you in the guilt or decision? VENIREPERSON NO. 17: I think it would depend on how it was presented. For example, I mean, I know what the law is saying, that he's innocent until

18 proven guilty. MR. GRAY: We'll agree. 19

l 20 THE COURT: Do we have an agreement? u MR. CALVERT: We do.

21

J

22 THE COURT: We're going to excuse you for cause, sir. Mr. Holt, you're free to leave the 23 courthouse. You do not have to return. Thank you very 24 25 much.

.J

DENISE C.PHILLIPS, CSR

J -- -- ----- ~- ----- -------- -- - -- ----- --~-~-~~~~~~I-~~-~~~T~~~~~~ER __ --- ---·--------- -- ---------- ·--- J I

107 J r ... VENIREPERSON NO. 17: Thank you.

1 2 {Venireperson No. 17 excused by agreement.)

\

THE COURT: No. 22.

3 MR. GRAY: Which one was that? 4

THE REPORTER: 17.

5 1

THE COURT: Mr. Holt, No. 17.

6 {Venireperson No. 22, Brent Keith Parker, at 7 1 8 bench.) THE COURT: Mr. Parker. 9 10 VENIREPERSON NO. 22: How are you? THE COURT: How are you, sir? 11 VENIREPERSON NO. 22: Fine. 12

1 THE COURT: The prosecutor may have some 13 ) questions for you right now. 14 15 MR. CALVERT: I don't, Judge. THE COURT: Do you have any questions? 16 17 MR. GRAY: Yes. It's Mr. Parker; is that 18 right? 19 VENIREPERSON NO. 22: Yes.

') MR. GRAY: Okay. Whenever the prosecutor 20

J

21 had gone through the Fifth Amendment rights, I believe you ~ l had indicated that you had some tendency to want the 22

23 defendant to testify -- VENIREPERSON NO. 22: Yes. 24 25 MR. 'GRAY: -~ for whatever. Is that still

DENISE C.PHILLIPS, CSR

r. -- OFFICIAL COURT REPORTER -- ---- - --- --------------------------------2 7·2ND--niSTR-r-cT---coURT·--------------------··------- -------------------- l

108

your position? 1 2 VENIREPERSON NO. 22: That's always been my position. 3

0·

MR. GRAY: Would that affect your decision

4 in way -- 5

D VENIREPERSON NO. 22: Yes, it will. 6 THE COURT: I'm going to excuse you for 7 [l

cause. You're free to leave the courthouse. You do not

8 o·

have to return.

9 10 VENIREPERSON NO. 22: That's just always 0 11 been one of my pet peeves. 0 12 THE COURT: I understand. Thank you for your candor. 13 0 MR. CALVERT: Thank you, Mr. Parker. 14 (Venireperson No. 22 excused for cause.) 15

0 THE COURT: No. 24. 16 0 17 (Venireperson No. 24, David P. Mcintyre, at 18 bench.)

0 19 THE COURT: How are you doing, Mr. Mcintyre? 0 20 VENIREPERSON NO. 24: Pretty good. And you? 21 THE COURT: I'm fine. Back to -- and, 0 22 again, I don't have any problem with your feelings. I 23 just need to know how you feel. All right?

0 24 VENIREPERSON NO. 24: I understand. 0 25 THE COURT: That you would have trouble not _Q ___ ------ ------------_______ o:~-~-~-~~~~-~~~~~T~~~~:~~R ____________ ---------- DENISE C.PHILLIPS, CSR 0' 0

109 D-. holding the prior conviction against him on the question 1 of guilt or innocence on this case. 2

D

VENIREPERSON NO. 24: I'm not going to say 3 0 it won't affect me. I mean, again, it gets back, if it 4 5 were a felony that were not related to this case, I' think

0 the bearing would be less. I'm just trying -- I want to 6 be honest to him, and I want to be honest to both sides. 7 [l

I still feel like if I heard the facts, I could still make

8 0

a honest conviction on the facts.

9 THE COURT: But I need to understand that 10 0 you can assure me that it would not affect you on the 11 0 decision. 12 13 Now, you're going to be asked to find

0 14 whether he was convicted or not. D 15 VENIREPERSON NO. 24: Correct. 16 THE COURT: If you find that he was 0 17 convicted, is that going to influence you on the decision of the actual case itself? 18

[J

19 VENIREPERSON NO. 24: I think I could make 0 20 myself do that. 21 THE COURT: Okay. Do you have any

0 22 questions? 23 MR. CALVERT: No, sir.

0 24 THE COURT: Do you have any questions? 0 . 25 MR. GRAY: Just a couple.

DENISE C.PHILLIPS, CSR

Q_._.· __ ---· -------·----·----0-~·~·~-;~~~:r-~·~~~~T~~~~-~~-ER _____________ _ 0

} 110 l THE COURT: Go ahead, sir. l- . 1

MR. GRAY: I notice that you said that you 2

J

could "make an honest conviction." I don't know if that 3 was a Freudian slip or -- } 4 VENIREPERSON NO. 24: Well, an honest 5 'l l

decision maybe should be the correct one.

6

J

J'---~----7- -·----····--··-·-------- MR. GRAY: Okay. And it ' s -- and I

understand we can't get into the facts just like the prosecutor said.

VENIREPERSON NO. 24: I understand that, too. MR. GRAY: But if it would affect your ability in any way to serve on this jury, then we need to know about that.

VENIREPERSON NO. 24: Correct. MR. GRAY: so, you would not hold it against

him whatsoever if they first proved beyond a reasonable doubt he's been convicted? You would not then let that go

19 into your thinking as to the possession? VENIREPERSON NO. 24: Yes, sir. 20. MR. GRAY: That's correct? 21 VENIREPERSON NO. 24: I mean, I understand 22 because a lot of time you work with people that don't 23 necessarily -- you have to separate the action. Kind of 24 like with your kids sometimes, you separate actions. 25

l . DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

,- -- · -- ·----- -----·-------------------------2 72ND-D-:r-STR-I-cT--COURT----·----------·· -------- ··---------·------ ~ 111

J

...,

. I l- MR. GRAY: Absolutely.

1 2 THE COURT: Thank you for your candor. Step

J 3 outside, and you can go ahead and take your break. (Venireperson No. 24 retired to hallway.) ~ 4 u

5 THE COURT: No. 30. 'j u

MR. CALVERT: What was her issue, Judge?

6 7 THE COURT: Failure to testify.

J 8 MR. CALVERT: Earl, I'll agree if you'll ~ 9 agree. 10 MR. GRAY: Yes. That's good. ~ 11 THE COURT: No. 30 is excused by agreement 12 for cause.

~ II

!J

13 (Venireperson No. 30, Sharon Alice Moorer at 0 u 14 bench.) 15 THE COURT: Madam, the parties have agreed

~ 16 to excuse you. You're free to leave the courthouse. You ~ u 17 do not have to return. You're Juror No. 30i is that 18 correct? ll u

19 VENIREPERSON NO. 30: Right. 20 THE COURT: Thank you very much.

~

l,

21 VENIREPERSON NO. 30: I thought I had

R

22 questions to answer. 0' 23 (Venireperson No. 30 excused by agreement.) ~ 24 THE COURT: No. 48. 57 is so far back. Do n 25 you want to just agree on that one? u DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ ~-- -- - ----- --~---------~------~------z-7:2-ND--IJI-STR-I-eT--CCH:JRT---------~----- ----------- J

112 J. MR. CALVERT: Yes, sir. 1 MR. GRAY: Yes, sir. 2 J THE COURT: 57 is excused. 3 {Venireperson No. 57 excused by agreement.) 4 ~ ~ THE COURT: Can we agree on 53?

5 ~ II MR. CALVERT: I was about to say, Judge, 53, 6 u 7 also. ~ THE COURT: 53 is excused for cause. 8 n {Venireperson No. 53 excused by agreement.) 9 \· a ·• THE COURT: Ernie, you can go ahead and 10 !l ll J excuse for cause Juror No. 53 and Juror No. ·57. Those are 11 agreed upon.

12 ~ {Venireperson No. 48, Jeffrey Matt Watson, 13 ~- j 14 at bench.) THE COURT: Come on up, sir. How are you? 15

~ 16 Mr. Watson? 17 VENIREPERSON NO. 48: Yes, sir.

~ THE COURT: You had an issue you wanted to 18 ~ 19 bring up to us a little more in a private ·setting, right? 20 VENIREPERSON NO. 48: Yes, sir. I wanted to il u

21 let y'all know that I had an arrest for DWI about 15, 16 ~ 22 years ago. I just wanted to let y'all know. 23 THE COURT: That's a misdemeanor. It

~ 24 doesn't legally ?isqualify you to serve as a juror. 25 Do you have any questions?

~

DENISE C.PHILLIPS, CSR

~--------------- __________________ o~!~~~~~r~~~~~T~~~~-:~E~--------------------- ------------ 113 MR. CALVERT: Do you feel like you were 1 2 treated fairly by the police? VENIREPERSON'NO. 48: I do, yes. 3

MR. CALVERT: And by the D~A. 's Office or 4 5 the County Attorney's Office?

J VENIREPERSON NO. 48: Yes. 6 MR. CALVERT: Okay. Is there anything about J that case that would play any role in your decision in this case?

VENIREPERSON NO. 48: No, not at all. n u

MR. CALVERT: That_'s all I have, Judge. THE COURT: All right. Stay with us. Go

ahead and take the rest of your break. (Venireperson No. 48 retired to hallway.} THE COURT: So, we have agreed, for the

record, on 4, 5, 17, 22, 30, 53 and 57. MR. CALVERT: And I don't know if we were on the record earlier, 31 as well, Judge. Ms. Frederick, was 19 gone before we started. 20 THE COURT: Yes, 31 is Ms. Frederick. 31 is 21 excused. 22 All right. Y'all take a five-minute break, 23 and we'll get started again. MR. GRAY: Yes, sir. 24 25 MR. CALVERT: Yes, sir.

DENISE C.PHILLIPS, CSR

~---- ----- ----~----------------~~-~-~-~~~~1-~~~-~~T~~~~:~~~--------------- - - - - - - - - - - 114

J

(Short recess.) THE COURT: You ready? MR. GRAY: Yes, sir. THE COURT: Bring them in, Ernie. (Venire panel reseated.) THE COURT: Y'all notice we've got a few

empty chairs. We've excused some of the jurors during the break after we talked to them. Here are the jurors that have been excused so far, that there should be an empty chair, but there should be no other empty chairs: No. 4, No. 5, No. 17, No. 22, No. 30, No. 31, No. 53, and No. 57.

Other than those, do any of you see a vacant chair that shouldn't be vacant? 14 All right. I believe we've got everybody,

J

15 then. Let me ask you, the court reporter has requested

J

that y'all keep your voices up. She's having a little 16 17 trouble hearing a couple of you, so keep your voice up if

J

you would, please. 18

J

19 (Venireperson No. 30 excused by agreement.) 20 THE COURT: Go ahead, sir. 21 MR. GRAY: Thank you, Judge. 22 VOIR DIRE EXAMINATION BY MR. GRAY 23 MR. GRAY: Well, I apologize if you're not 24 one of those empty chairs. I'll see what we can do. 25 The prosecutor has already introduced me. I

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~~ I ,--- -·---- ·------------·----- -272ND-IJ-ISTR-rCT-COURT---------~--- ---------- l

115

J_

1 want to tell you a little bit more about myself. My name I'm with Gray, Granberry and Jones. We is Earl Gray. specialize in criminal cases. We do some select injury cases, but primarily we do criminal law.

Actually, I was raised in the Brenham area, went to Texas A&M University, graduated and then went to Regent University Law School. That's in Virginia Beach, Virginia. Has anybody heard of the "700 Club" or "Pat Robertson?" It's his school. Okay.

Just as the prosecutor indicated, at this point, if you had to take a vote, what would it be? VENIREPERSONS: Not guilty. MR. GRAY: Not guilty. Because at this

point, he's only accused. Okay. David Greer is only accused. This is the first time we've had an opportunity to test the evidence in the case. Okay.

Let me ask you this -- and I'm going to do my very best to get you out of here by lunch. Okay. So, I'm going to speed up on some things, but I don't want to rush over things that are important as well.

20 21 Who .out there would rather be somewhere 22 else? (Show of hands.) 23

MR. GRAY: I probably shouldn't raise my 24 hand because this is what I do for a living. But we're 25

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~--~ --- - - - - - - - - - - - - - - - - --- --- ---2-7-2-ND-BI-ST-RI-C-T-GG:U-R-T-~------------· ------------- ~------------------------------------------------------~ 1 116 going to get you out of here as soon as we can today. And if you are selected, we don't anticipate this is going to be a very long trial. As the Judge indicated and the Prosecution, you know, Wednesday, maybe Thursday. So, a day, day and a half is probably about it. Okay.

As the prosecutor also indicated, you're

J

only decision is going to be guilt/innocent. You're not going to have to be around -- stick around for any of the punishment phase, if we get there. Okay?

Now, after the Prosecution's voir dire, who out there, though -- you need to be honest with yourself ~- who out there believes that Mr. Greer has been convicted of a felony? All that talk about a felony conviction. Anybody?

VENIREPERSON NO. 11: Well, I would make the assumption I was making the assumption that the case would not have been brought up had that not been the foundation already established. MR. GRAY: Okay. And I'm not going to pick 20 directly on you-all -- and I don't fault the Prosecution. 21

I think it's just kind of the way it sort of went. But 22

J

does everybody understand that there's 'been no evidence 23 ~

that's he's been convicted of any felony? Does everybody

24 understand that? 25

'l .

DENISE C.PHILLIPS, CSR

l OFFICIAL COURT REPORTER

--- ·- -----·-- -·---------'------------2-7-2ND-D-IBTR-I-CT-C0URT------------------- --·--- -------

1

0

117

0- Does everybody also understand that's an 1 element of the offense? Okay. And so, if they do not 2

0 prove beyond a reasonable doubt that the person is 3 0 convicted of a felony -- of a felony, what must your 4 verdict be? 5

0 VENIREPERSON NO. 8: Not guilty. 6 VENIREPERSONS: Not guilty. 7 0 MR. GRAY: That's even before we get to 8

D

possession stuff. Does everybody understand that? 9 10 Anybody have any problem with that? 0 VENIREPERSONS: No. 11

B

12 MR. GRAY: Okay. All right. I want to talk a little bit 13

0 about the burden of proof. I use this chart, and I'll 14 kind of point to I don't want to step on the 15

0 Prosecutor. It's sort of a gradation. You know, we don't 16 0 17 have a definition anymore for beyond a reasonable doubt. 18 The court system has said that -- and the cases have said

0 that we're going to leave it up to you guys to decide what 19 0 20 that level of proof is. So, about all we can do is compare it to other things. Okay? 21 0 22 At the very bottom, of course, no evidence. That's a pretty easy one, right? If they bring no 23

0 24 evidence, what does the verdict have to be? Not guilty 0 obviously. 25

DENISE C.PHILLIPS, CSR

0-----

OFFICIAL COURT REPORTER

---·· ----------------------:--2-7-2 NB--DI-S'I'R-I-eT-e0URT--------------------- ----------------- D 0

118 0- Scintilla, you hear that in legal case law, 1 : that's any amount of evidence. 2 G Reasonable suspicion, that's a higher level 3 0 of proof. That's enough -- that's what an officer needs 4 to stop a vehicle, talk to you, things of that nature. 5

0 Probable cause. Probable cause is a level 6 of proof that an officer needs to arrest a person. Okay. 7 [J Doesn't need beyond a reasonable doubt. Doesn't even need 8 0 a preponderance. Okay. But they do have to have probable 9 cause. Okay. 10 0 But does an arrest equate to a guilty 11 8 verdict in a jury trial? 12 VENIREPERSONS: No. 13 0 MR. GRAY: It doesn't. And can you see 14 u 15 you know, sometimes, you know, an individual may be arrested. For example, in DWis, this happens sometimes. 16 0 A person is arrested. They go to jail. Then, we have a 17 jury trial. Okay? Maybe the person is found guilty. 18

0 19 Maybe they're acquitted. But at that point, isn't the 0 20 focus a little bit different on the streets? Wouldn't we want the level of proof in a DWI 21 0 to be beyond a reasonable doubt before you could arrest 22 23 somebody? No, we wouldn't. We want to get th~m off the

B

streets, right? We want to ~rr on the side of caution. 24 0 Does everybody see that? Okay. 25

DENISE C.PHILLIPS, CSR

_Q_ --·--- -- - ----·---· ____________ _<:;~~~~~~1-~~~~~T~~:~-~~~~---------- ----------- 0

119 But I just want to make sure you see the distinction between those. Preponderance, that's the level of proof that you have to have in a civil case. What level of proof is that, anybody?

VENIREPERSON NO. 11: The greater weight of the evidence. MR. GRAY: The greater weight of the evidence sounds like what? VENIREPERSON NO. 11: 51 percent. MR. GRAY: 51 percent or more likely than

not. Okay. Millions of dollars in verdicts awarded every month in this United States of ours under that level of proof, that 51 percent. r: Clear and convincing, that's a standard you 15 see in CPS cases. That's a level of proof that's 16

r: necessary for basically the government to take away your 17 child. Obviously, a higher level of proof. That is 18

~ i defined as a firm belief that the allegations are true. 19 20 Well, that's pretty convincing, isn't it? A firm belief that the allegations are true? Is that enough? It's not. 21 22 What does the level of proof have to be? VENIREPERSON NO. 9: Beyond a reasonable 23 doubt. 24 25 MR. GRAY: Beyond a reasonable doubt. Okay.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

· - - ·- --- -- · -- -- ·· ---·--- ··-·-··· --2-7·2ND··-DrSTR-ICT--COURT·-C - 0

121

0 1 got her a set that automatically turned off. 2 But do you see how you might have had that

0 3 hesitation in your mind? She had that hesitation. It's a B 4 hesitation I'm talking about. Okay. It's a hesitation as to, "Hmmm, I wonder if I know at that level of proof 5

0 6 beyond a reasonable doubt that the person committed the 7 offense." Okay? It's that hesitation I'm talking about.

0 8 And does that go to each and every element or to some of 0 the elements? 9 10 VENIREPERSON NO. 11: All of them. 0 11 MR. GRAY: All of them, okay. And that's 0 12 why I wanted to make that distinction between the felpny 13 part. That's an element. You cannot go in assuming that 0 14 anyone has been convicted of a felony. You have to assume 15 that they have not been. Does everybody agree to do that?

0 16 VENIREPERSONS: (Nods heads.) 0 17 MR. GRAY: Okay. And then, the other 18 elements, it's the same standard. Okay.

0 19 So, at the end of the day, if you think he 0 20 may have done, is that enough? 21 VENIREPERSONS: No. [j 22 MR. GRAY: May have done it? 23 VENIREPERSONS: No.

8 24 MR. GRAY: How about probably did it? 0 25 VENIREPERSONS: No.

DENISE C.PHILLIPS, CSR

0"~:- - --- -------------------------0--c~~-~-~~~~I-~-~~~~T R!!~~~~-R ----------·--- --------------- 0 0

122 0 MR. GRAY: Probably is the preponderance. 1 Even a firm belief that the allegations are true, is that 2

n enough? 3 0

VENIREPERSONS: No.

4 MR. GRAY: No. This is critically important 5 0

stuff. And I said this to the last jury I picked. If I

6 could just get 12 people, the first 12 that will agree to 7 0

follow that rule, I'm fine. That's how important that is.

8 0

My concern is that it sounds all great in

9 theory; and then, we get back there; and we don't follow 10 0 that rule. Okay? We have to know about that now because 11 0 once you get in this box, okay, it's too late. Okay. 12 13 You're going to be sworn as the prosecutor said, to take 0 an oath to follow the law. 14 And can you see the problems? You know, 15

0 16 without hurting your conscience, are you going to be able 0 to do that if you can't follow the law. You're going to 17 have problems. And then, what's the possibility that 18

0 could occur if you can't come to a decision one way or the 19 other? What happens? It's a mistrial; and then what do 0 20 we have to do? We have to do the whole thing over again. 21 0 22 So, you know, I'm not trying to convince you to come up with reasons to get off this jury. If you want 23

0

to be on here, we want you on here. But if there's an

24 0 issue that we need to know about, then you need to tell us 25

DENISE C.PHILLIPS, CSR

0. ---

OFFICIAL COURT REPORTER

--------- ~---- -----------· --------------2-7-2ND-DI STRI-C-T-COURT--- ----------- -------------- 0 0

123 0-. now. And at the end, I'll give you that option to raise 1 your hand if there's something that we missed. 2 fl

Okay. All right. Any fans of the "Andy

3 0 4 Griffin Show." (Show of hands. ) 5 0

MR. GRAY: Let's say this is a DWI case.

6 And we try a fair number of alcohol cases -- go figure, 7 0

right, in a college town. That's a lot of our clients

8 0

that hire us. Let's say that they prove beyond a

9 reasonable doubt the elements. Person was driving. They 10 0 11 were intoxicated. They were falling down drunk, above a 0 .OBi but they didn't prove -- they left out the element of 12 in a public place -- has to be in a public place. 13 0 What would your verdict be if they didn't 14 prove that one element? 15

D

VENIREPERSONS: Not guilty. 16 0 ' MR. GRAY: Not guilty. But what if he's 17 like the town drunk. Who's the town drunk in Andy 18 0 19 Griffin? VENIREPERSONS: Otis. 0 20 MR. GRAY: Otis. Barney was probably_my 21 0 favorite character, and that's what I like about it. 22 Black and white television. So, let's say if it was Otis. 23

0 Otis is the town drunk. For those of y'all who don't know 24 0 the show, he would actually sleep in a cell. He'd let 25

DENISE C.PHILLIPS, CSR

l) .. OFFICIAL COURT REPORTER 1:j- --· · -- ---· -· ____ :._ __ _:_·-------------------2-7-2NI~-B~-S-'I'-R-I·G-'F--GOUR-'I'~---_:_ _________________ - - - - - · c · - - - - - · u 0

124 0 himself into the cell and sleep it off and wake up the 1 next day. 2

0 So, let's say this guy is drunker than Otis, 3 0 falling down drunk; but they didn't prove that one element 4 in a public place. Would your verdict still be not 5

0 guilty? 6 VENIREPERSON$: Yes. 0 7 MR. GRAY: But what if this is his twentieth 8 0 DWI and this guy is going to kill somebody, same decision? 9 Does it make any differenc~whether it's a traffic ticket 10 0 or murder? No. Ironically, y~sterday I had a traffic 11 0 ticket set at the same time-that I had a murder case set. 12 I sent one of our partners, Dan, to take care of the 13

0 ticket case;· and I took care of the murder case. 14 But the level of proof is the same in both. 15

0 16 Does everybody see that? Okay. These Constitutional 0 . . '• rights are imp·ortant for everybody, okay; for any crime. 17 Does everybody see that? Okay. 0 18 All right. And, you k~ow, if you are 19 0 20 selected as a juror, you know, I want you to stay back there as long as it takes t6 come to the right decision, 21 rJ whate~er that may be. Okay? If your decision -- if 22 you're convinced beyond a reasonable doubt as to all the 23

0 24 elements, what is your duty? 0

VENIREPERSONS: Guilty.

25

DENISE C.PHILLIPS, CSR

_Q ________ -----------,---------~~-~~~~~~1~~~-~-~T~~~~~~-ER ______________ , ____ _ 0 0

125 0- 1 MR. GRAY: You•re duty bound to convict, 2 guilty.

0 On the same accord, if one of the elements 3 0 are not proven beyond a reasonable doubt, what•s your 4 5 oath; or what do you have to do? 0 6 VENIREPERSONS: Not guilty. MR. GRAY: Not guilty. Okay. And that•s 7

rJ 8 why I say stay back there as long as it takes. 0 Something magical happens right about 5:00 9 p.m. in jury trials. It•s interesting. What could that 10 0 11 be? Why do we have so many jury verdicts at 5:00 and 0 12 5:05? Any ideas? VERNIREPERSON NO. 6: Folks want to go horne. 13 0 14 MR. GRAY: Yeah, we•ve got to go horne. 15 That•s what we call a compromised verdict, right? Would

1J

16 that make you a little sus~i~ious a little bit, right? 0 17 Okay: Maybe it•s just a coincidental timing. I don•t 18 know, but the long arid short of it is I just want you to

0 19 stay back there as long as you want. 20 The Prosecutor did a really good job I think 0 21 on the Fifth Amendment, going through that. And you 0 22 notice the seats. Some of the folks are excused because 23 of that issue. I just want to make sure we didn•t miss

0 24 anybody. Dbes anybody out there that we may have missed 0 25 on the Fifth Amendment feel that if they do not hear from

DENISE C.PHILLIPS, CSR

-Q-------------~ -------------------~~~~-~-~~~T~~~~~T~-~~~~~~~-------------- - - - - - - - - - - 0 n

126 Q __ Mr. Greer, they would hold that against him in any way? 1 It would enter into your judgment as to gtiilt or innocence 2 0

in any way, even 1 percent? Anybody?

3 0 Okay. He gave a few examples of why a 4 person would not -- might not want to testify. One of 5 0

them I found interesting was maybe on the advice of

6 u 7 counsel. Okay. I tried a case, it was a public 8 0 intoxication by a guy by the name Doug Supernaw was the 9 defendant. Does anybody know who Doug is? He's a country 10 0 western singer. He was actually really bi~ in his time, 11 0 but he's had some pioblems since, and he's been in the 12 media a lot. 13

0 We were trying the case down at the 14 municipal court; and he was going to testify, every 15 0 anticipation he was going to testify. There was news 16 0 17. media there and cameras, the reason I believe because he was going testify. I was actually going to have him sing 18

0 the song that he said he was singing. That's why he had 19 0 20 that breach of the peace, and he was arrested. Okay. I did not end up doing that. He did not testify, and it was 21

0 because I did not believe the State had proven their case 22 23 beyond a reasonable doubt. Okay.

0 And so, can you see how that may be a 24 0 25 strategic decision. I can assure you he wanted to

DENISE C.PHILLIPS, CSR

_g ________ OFFICIAL COURT REPORTER ----·-------------------272ND--DTSTRTCT-COURT _____________ --------- D n

127 D testify. Doug loves to talk to the media, and he would 1 have loved to sing. I can tell you that. It would have 2

O

been intere~ting. It would have been fun. But I didn't 3 0 think they had proven their case beyond a reasonable 4 doubt. 5 0

So, can everybody see how that may be a

6 strategy. Okay. And just like the Prosecutor alluded to, 7 []

you know, what's the No. 1 fear outside of the IRS, I

8 0

guess?

9 VENIREPERSON NO. 1: Might self-incriminate 10 0 yourself. 11 MR. GRAY: Yeah. Public speaking,· right? 0 12 13 Does anybody want to stand up here and do this? No. As· 0 the Prosecutor alluded to, even if you're called on, .that 14 15 makes you feel maybe a little bit uncomfortable. I'm done

D

16 with that, right? I'm not in school anymore. Okay. And· 0 so, that's why we leave you that option i£ you want to 17 talk up there at the bench. We can visit with you. Okay. 18

0 19 Let's talk about witnesses. I anticipate 20 there's going to be a few witnesses. I don't think it's

[]

-------

0 But let me ask you this. I have to ask some of these in

22 very specific wording because that's how the case law or 23

0

the law instructs me to ask these. Okay?

24 0 Would anyone automatically disbelieve a 25

DENISE C.PHILLIPS, CSR

_g _________ -------------------~~~-~~-~~~~-~~~~~T~~~~-~~~~----------------- -------------- 0 n

128 [) witness because they had been convicted of a crime if they 1 testified? Automatically disbelief a witness because they 2 0 hadbeen convicted of a crime? Anyone? 3 D Can a person who has been convicted of a 4 crime still tell the truth? 5 0 VENIREPERSONS: (Nods heads.) 6 - MR. -GRAY: ---Yeah--;- -Now-;- once they take· the []

stand and they start testifying, obviously, you can make

8 0

your own decision as to credibility. And who makes

9 while we're on that, who makes that decision as to whether 10 0 somebody's telling the truth or not? Is it the 11 0 Prosecutor, me, the Judge? Who makes that call? 12 VENIREPERSONS: The jury. 13

D

MR. GRAY: Yeah, the jury does. Okay. We 14 don't make that call. You guys decide whether an 15

D

individual is telling the truth or not. If something just 16 0 17 didn't make sense, why would that be? Maybe they're not telling the truth. Okay. 18

0 19 I mean, I'd like to think that everyone that 0 20 takes the oath would tell the truth, right? Wouldn't it be a wonderful world? Does that always happen? 21 0 22 VENIREPERSONS: No. MR. GRAY: No, it doesn't. Okay.- 23

0 All right. We talked a little bit -- I 24 0 think we've talked some on law enforcement, so I won't 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

r~l 1::}----- - ------ -~- ~~-~---------~---------~~2 '7-QN-B --B-I-S'I'-RI e'J'~-eoURT-------~---------------------- ---------------------- 0 0

129 0- spend a lot of time on that. But let me ask you this one 1 question. Again, I have to ask it in a specific way. 2

0 3 Who believes that a police officer, if 0 4 called to the witness stand, would always tell the truth? 5 Who out there believes a police officer who's called to

0 the stand, takes the oath, would always tell the truth? 6 -7- -sometime·s -I -get none:·-- Sometimes· I_- get ·a- lot

[] on this one. 8 0 Anybody? On the first row, believe a police 9 officer would always tell the truth? 10 0 Second row? Even Mr. Smith, you're a 11 0 12 security, right? 13 VENIREPERSON NO. 20: Right. I would say 0 14 no, that's not necessaiily they would all tell the truth. 15 MR. GRAY: Okay. Does the government make

0 mistakes sometimes? 16 0 17 VENIREPERSON NO. 20: Absolutely.· 18 MR. GRAY: So, would you wait until you

0 19 heard all the testimony? Would that be fair to say? 0 20 Okay. Would everybody agree with that? 21 VENIREPERSONS: (Nods heads.)

0 22 --MR. GRAY: All right. We've already really 0 23 covered the felony conviction, so I'm not going to go back ovei that. 24 I do want to talk a little bit about the

[J

25 possession and the ownership.

DENISE C.PHILLIPS, CSR

_g_: ________ ~--------------------------0~!~-~-~~~~-~~~~~T~~~-~~~~-R ______________ -------~---- 0 D

13 0 [J The Prosecution spent a lot of time on 1 possession. I think they did a great job; and so, I'm not 2

f] I may sort of flesh going to spend a whole lot more time. 3 0

out some of the same things with y'all.

4 One, we had a lot of talk about ownership. 5 0

Does everybody understand ownership, that does not equate

6 to possession? 7 0 VENIREPERSONS: (Nods heads. ) 8 0 MR. GRAY: Okay. I can own something. I 9 can own this, hand it to you; and you willfully take it. 10 0 11 Are you now in possession of it? 0 12 VENIREPERSON NO. 12: Yes. MR. GRAY: Yes. Otherwise, how would we 13 0 ever -- how would they prosecute drug cases? It's 14 15 manufactured, right? It's distributed; and then, it goes

0 from big amounts into smaller amounts where you have the 16 u street dealers .. Okay. 17 18 Does everybody see that, that the street

0 19 dealer, he may not own the narcotics, right? He_may be ·o holding it for a higher a higher up; but do you see how 20 21 that person is still in possession of it? Does anybody got any problems with that? 22 23 VENIREPERSONS: No. MR. GRAY: Okay. Ownership does not equate 24 25 to possession. Okay. We had the house example, which I

DENISE C.PHILLIPS, CSR

fl OFFICIAL COURT REPORTER . ' SJ------- ------ ---------------------------2 7 2ND--nr-sTRTCT-COlJRT ______________________ ---------------- 0

131

think was real good. I think ii was -- was it, Ms. Welsh? You had some issues or some problems with a roommate; is that right?

VENIREPERSON NO. 9: Uh-huh. Yes, sir. MR. GRAY: Okay. There's a lot of marijuana

in this community. More so than I guarantee you most of you folks would ever want to know. I know, they know, because we prosecute and defend these kinds of cases. Okay. So, that's a common deal in college-type situations, and I've had people that have even had prior convictions have gone straight and what are their roommates doing? They're still continuing· to smoke

marijuana or use marijuana. And that is a problem. But it falls down io the facts of the case, right? Just like the Prosecutor :said, it would be one thing if ~he marijuana was in an open area, right? It was on the dining room table. Everybody had access to it. Could you see how multiple people might be in possession of it? Okay.

What if it was hidd~n in the roommate's closet in her purse? Could you see how the other roommate ' 22 would not have possession of that? Does that make sense? 23 Okay. What if, though, the other roommate knew 24 25 about it? Is that enough? Knew the other person had the

r-------- ---------------------0~-~-~~~A~I~~~~~T R~~g:~ER __________________ _

DENISE C.PHILLIPS, CSR

0

132

n u 1 marijuana in their purse in their closet, is that enough? No. Okay. You have to knowingly possess it. Okay. 2 D -I·' Juror No. 10, Mr. Smith? 3 0 VENIREPERSON NO. 10: Yes, sir. 4 MR. GRAY: Reach under your chair for me, if 5 0

you could, all the way back. Okay. You've got to keep

6 going. Anything back there? 0 7 VENIREPERSON NO. 10: If I can get to it. 8 n u

MR. GRAY: All right. What is that?

9 VENIREPERSON NO. 10: Either a kilo of 10 0 cocaine or a box of Kleenex. 11 0 12 MR. GRAY: That was the same kilo of cocaine 13 or box that was sitting right up here. Well, come on now. 0 14 Y'all saw him sit it here. Didn't you wonder where it :o 15 went? Didn't you check under your chair before you sat down? 16

D

VENIREPERSON NO. 10: No. 17 I made sure MR. GRAY: Kind of set him up. 18

0 it wasn't any of the females because you put your purse 19 0 under there, and you might have saw it. But does 20 21 everybody see the point I'm trying to make? Do you always 0 22 know necessarily what's in your house or what's in your 23 car if others have used it? Who out there has kids that

0 drive? 24 0 25 (Show of hands . )

DENISE C.PHILLIPS, CSR

-8-----~-- ----------------~0-~-~~~~~~T~~~-~-~T~~-~g~~-E_R ______________ ---------- u 0

133 n ... _ 1 MR. GRAY: Do they use your vehicle p sometimes? Each time when they get home do you check 2 their vehicle? No? Some folks might. So, can you be .,:;J

3 0 assured if you then take the victim to go fill it up with 4 gas that you know every single belonging in there? No. 5 0

Okay. So, does it -- does it depend on the

6 facts? Okay. We don't get to talk about the facts here, 7

0 but I can assure you that's all we're going to be talking 8 0 about, or that's most of what we're going to be talking 9 about in a criminal case. Okay. So, you will get to hear 10 0 all that. All right. 11 0 All right. Talked about credibility. 12 13 Objections. If either side feels that the other side is

0 not playing by the rules or it's not going the proper 14 predicate or something of that nature, then we can object. 15

0 You've seen that on TV shows or whatnot. 16 0 You know, it's something that we have to do. 17 Both sides have to do that. Is that anything that you 18

[} would -- I apologize. I know it's distracting, and we'll 19 :o 20 try to keep it to a minimum, but is that anything that any ' of you-all would hold against me and even more importantly 21 0 against my client, Mr. Greer? Anybody? 22 Do you understand why that's something that 23

D

24 I would have to do? Okay. You know, if you were on -- if 0 you were the accused, would you want your lawyer to 25 DENISE C.PHILLIPS, CSR Q~------- ----------~--~~-~-~~~~~-I-~~~~-~T~~~~:~~-------·---11~------- 0 n L_.

134 [l- object? Of course. 1 _ _) All right. Let's talk a little bit about 2 n 3

technicalities. Let's say that we have a burglary of a home, and they allege in the indictment -- does everybody D 4 know what an indictment is? I teach criminal procedure at 5 0 Blinn to some legal assistants/ and we're going through 6 informations and indictments. 7

0 An indictment is basically a piece of paper. 8 0 It's pink. It's the formal charging instrument that the 9 State uses to charge an individual with a crime. The 10 0 State of Texas -- not all states -- but in the State of 11 Texas, you have a right to an indictment on any felony 0 12 13 case. Okay. It spells out those elements that they have 0 to prove. Okay. 14 15 Let's say in the indictment, that this is

0 16 the burglary of a habitation, burglary of a home case; and 0 they allege that the person broke into this home; and they 17 stole a VCR. That's what the indictment says. 18

0 19 They get their witnesses. They come in. 20 The police officer testifies. The owner of the home 0 21 testifies, and he testifies that, yeah, something was 0 22 stolen. It was my DVD player. Then they rest. 23 Now, have they proven beyond a reasonable

8 24 doubt the person broke into the house and stole a VCR? 0 25 VENIREPERSONS: No.

DENISE C.PHILLIPS, CSR

lr . OFFICIAL COURT REPORTER ~--~-----~~~--~----2-7-2ND--D-I-£'I'-R.I-C-'I'-GOU.RT~~~--~----~--~--- ------- -; --~----·~ 0 n

135 0 MR. GRAY: So, what would the verdict have 1 to be? 2

[] VENIREPERSON NO. 11: Not guilty. 3 0 MR. GRAY: Not guilty. Okay. Isn't that 4 just a technicality? Isn't that lawyering? I mean, they 5

0 still broke into the house, right? Why not just convict 6 ~he guy? Because the big stuff they proved, right? They 7 0 proved he broke into a house. So, do we really care what 8 0

he stole? Is that a technicality, or is that important

9 stuff? 10 0

Upstairs in the 36lst I was trying a case.

11 0 I think it was two years ago, and the Judge said -- I 12 think he had heard it from another lawyer -- "that those 13 0 technicalities," he said, "I call those the Bill of 14 15 Rights." Okay. So, are they technicalities? Yeah, but

0 1.6 they're a big deal. Does everybody see that? 0' VENIREPERSONS: Yeah. 17 18 MR. GRAY: Okay. You know, if we start this

u 19 h

sliding slope; and we don't take this oath seriously; and

[J

20 we dori't hold the State to the burden, I mean, what's 21 next, right?

0 I mean, I want you to just envision if a 22 .person is wrongfully accused. You know, wouldn't you want B 23 24 the level of proof to be beyond a reasonable doubt and 0 that that jury follow the law? Wouldn't you want that? 25 DENISE C.PHILLIPS, CSR -Q---------~-------------~--~~-~-~-~-~~~~-~-~~~~T~~~-~-:~~R-----~~----~-11-----~~- 0

136 tn u 1 Okay. That's all we're going to ask you to do. 2 Okay. The Judge is going to give you -- you

A 3 get to hear the facts; and the Judge is going to give you " . .'! B 4 the law, okay, on how you apply that law to the facts of

5 the case. So, there won't be a bunch of questions. All [J 6 you have to do is follow that law, and that's what we're n 7 asking you to do. ,_-

8 All right. I want to talk to a few 0 9 people -- as the Judge indidat~d, the folks that end up on 10 the jury, it's -- this is Juror No. 1. So, you're in the D 11 hot seat. Okay. And then whoever is left over, we start 0 12 here, and it's 1 through 12. Okay. So, the back row, 13 Juror -- is it 60? How do you say your name? [1 14 VENIREPERSON NO. 60: Hudspeth. 15 :o MR. GRAY: You're the least likely person to 16 be on this jury. Probably the whole back row because we 0 17 just won't get to you. We'll run out of strikes. I get 18 ten strikes. They get ten strikes. Ten and ten is 20.

r-r. u 19 We've got to have 12 people on the jury, so where does it

20 stop? The first 32. Well, there may be some issues D 21 because we sometimes double strike, but that's pretty 0 22 close to the way it works. B 23 Let me ask some other folks. 24 Ms. Cox, you worked at -- do you work at D 25 Wal-Mart currently? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

_g~ ---~-II-----------------2-7-2-NB-B:I:-S-'I'R-Fe-T-e0HRT-------------I------- . ' ·o 0

137 o. VENIREPERSON NO. 1: Eighteen years cashier. 1 MR. GRAY: Eighteen years. Wow. You were 2

D probably there when I was there. I worked at the Super 3 4 Center; and then, before it was the Super Center, and

then, I also worked at the College Station store; and 5 0

then, I went to the home office after college.

6 Any question that the Prosecutor asked or I D 7 asked that you need clarity on 'at all, or is everything 8 0

other than what we-talked about at the bench? You think

9 you can be fair to both sides in this case? 10

G

VENIREPERSON NO. 1: Yes, sir. 11 0 12 MR. GRAY: Let me see. Ms. Nelson, 39, you 13 were a teacher in Chapel Hill? 0 14 VENIREPERSON NO. 39: Yes, sir. 15 MR. GRAY: Okay. Do you know a guy by the

0 name of Doug Hone? 16 0 VENIREPERSON NO. 39: No, sir. 17 18 MR. GRAY: He's actually the JP there at 19 Chapel Hill now, Justice of the Peace. He went to A&M 20 with me. He also owns Chapel Hill Sausage Company. 21 You're aware of the sausage company. Okay. 22 You had some issues, I think, with the Fifth 23 Amendment, wanting a person to testify. Now, that I've kind of explained some of the reasons as to why a person 24 25 might not want to testify, has that -- has that changed

DENISE C.PHILLIPS, CSR

_g ____ · ____ --·-------------------0~-~-~~-~~~l-~~-~~~T·~·~~-~:~E_R __ . ___________ _ 0 0

138 0.- your viewpoint at all; or would you still need to hear 1 from that person? 2

0 VENIREPERSON NO. 39: I would think it would 3 0 be the wisest decision to testify. 4 MR. GRAY: Okay. 5 0 VENIREPERSON NO. 39: I understand the law. 6 I'm just saying what I would consider the wisest. 7

0 MR. GRAY: Yeah. And the way it will work 8 0 is is that the Judge will give you that law, and that will 9 be one of the things that will be in there if he so 10

D

11 chooses. And it's his ultimate choice; but obviously, I'm [} here to advise. Okay. 12 13 Now, if he does not testify, then you would 0 get that instruction. You cannot hold it -- you cannot 14 consider it for any reason. Okay. 15

[J

16 VENIREPERSON NO. 39: Yes. 0 - 17 MR. GRAY: And in doing so, if that person 18 was to bring it up, the other jurors have to tell them not

n u 19 to. Okay. So, that's -- that's a concern. I don't want 20 a situation where anyone is in this box; and then, where 0 21 do you go, right? You can't make that decision. 0 22 So, would you be able to follow that law if 23 given that law_by the Judge?

0 24 VENIREPERSON NO. 39: Yes. 0 25 MR. GRAY: Okay. Anyone else out there have

DENISE C.PHILLIPS, CSR

-8---------- --·----------------------0~~~~~~~1~-~~~-~T~~~-~-~~-E_R ______________ _ · - - - · - - · - - 0 D

139 0- any problem as to the Fifth Amendment? Some reason we've 1 got a lot more hands in this panel than anyone I'm 2 D normally come across on the Fifth Amendment. 3 This is sort of -- we don't go back and D 4 forth. It's not like TV. They don't get a shot; and 5

D

then, I get a shot; and we do this all day. When I sit 6 down, we're done. All right. So, I've got to know. He 7 0 may have left something out, I may have left something 8 0 out. 9 I actually tried a I was picking a jury. 10

G

I was actually a murder case from the prosecution side. 11 0 12 prosecutor twice and a defense attorney twice with the D.A. 's office, so I've gone back and forth. 13

0 14 I was prosecutor, I think, for five years the last time I was with the D.A. 's Office. I was trying 15

0 16 a case with Jay Granberry. It was upstairs. It was a 0 17 murder case. We ended up -- I think it was the last day of testimony. I had two officers corning in from Houston 18

0 to testify. We were through with the trial. It had been 19 a week-long trial. And we ended up working out a deal. 0 20 21 Sometimes that happen. We got back, and we interviewed 0 the jury panel, which I do in every single case. I always 22 talk to the jurors afterwards if they want to talk. 23 8 And one of the jurors said, "Oh, thank 24 0 25 goodness, you settled this thing because I'm on so many

DENISE C.PHILLIPS, CSR

-~--~--------- _______________________ o_;~;~_;_~~~3:~~~~~T R!~~~~-~~---------- ______ _ 0

l 140 J l

1 antipsychotic drugs; and I don't think I could have made 2 it another day. "

l L J 3 Well, from the prosecutor's standpoint - I

4 was the prosecutor then -- you could understand why, well, J 5 I guess, I should have asked that question. ~ J 6 My point is is that I may -- I may have

7 forgotten something or the Prosecutor may have forgotten J 8 something. Okay. And we can still talk about it at the ~ 9 bench if you want. We don't want to embarrass you. u 10 That's not our purpose. But we just want to make sure n u

11 that we get a fair and impartial panel for both sides. can n 12 everybody agree to do that? ,,

!J

13 Okay. Did I leave anything out? Anybody? J 14 Okay. Does anybody know either one of the prosecutors or 15 have a close affiliation with the District Attorney's u 16 Office? Anybody? 17 VENIREPERSON NO. 37: I have a niece that

~ 18 works for Marc Hamlin's office. J 19 MR. GRAY: Okay. n 20 THE REPORTER: I can't see his number. u 21 THE COURT: And your number? He said he has n. 22 a niece that works for Marc Hamlin.

J

23 THE REPORTER: Thank you. J 24 MR. GRAY: And that would be the District 1 25 Clerk's office. They obviously work with the D.A. 's I· J

DENISE C.PHILLIPS, CSR

J~~-------- -------~~-------~----~~~~-~-~~~T~~~-~~T~~~~~~~E_R ___________ ~ ______ _

J

141 Office as well. Any problems with that at all? VENIREPERSON NO. 37: No. MR. GRAY: I have a close affiliation with

the District Attorney's Office. I work with them all the time. I used to work there. Okay. That's not the issue. The issue is whether it will bias you in any way. Okay.

And we talked about bias not in the -- it's not any kind of a racial kind of thing bias. What we're talking about is do you have strong feelings about the law one way or the other, okay, such that it would affect your ability to serve on a jury? Okay?

Is there anything I left out? Okay. We've got a student of mine,

Ms. Henry; is that right? VENIREPERSON NO. 23: Uh-huh. MR. GRAY: Okay. Anything about me being

your instructor at one point -- VENIREPERSON NO. 23: No. MR. GRAY: Hopefully, I gave you a good

grade. Okay. All right. Well, I'll sit down. Thank you. THE COURT: Let me have the lawyers come up

just a minute. (Bench conference:) THE COURT: I'm thinking about letting 54

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-----------I---------------------------2~~-NB-~~S~-R-FG-T--GGBR~~----------------------I-------- l J

142 through 60 go. 1 MR. CALVERT: Yes, sir. 2 MR. GRAY: I agree. 3 (Bench proceedings concluded.) 4 THE COURT: Jurors No. 54 through 60, you 5. J are excused. You can leave the courthouse. You do not 6 have to return. Have a nice day. 7

J (Venirepersons Nos. 54 through 60 excused.) 8 THE BAILIFF: As you're going out, please 9 J

leave your number on the last chair as you're going out.

THE COURT: The rest of you, we're going to take probably a break of about 30 minutes. It could run a little longer, to talk to some of you one-on-one. I don't think there will be many of those. And then the lawyers

will strike their lists, and we'll bring you back in and announce the jury. So, take a ten-minute break and then gather outside the door and let's see if we need to talk to you.

THE BAILIFF: As you're going out, place your card on the last chair of your row. If you're going out this way, place your card on the last chair of your row.

23 (Venire panel retired.) ~ 24 (Off-the-record discussion.) (Short recess.) 25

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~-· ----------------~-2/:<m-n--IJI-STRTCT-cOURT--·--·--------

J

0

143

0 THE COURT: All right. Bring in No. 9. 1 Earl, you didn't have any you wanted to 2 0 bring in, right? 3 MR. CALVERT: No, he did, Judge. He's got D 4 3 8 , 3 9 and 4 0 . 5 0

MR. GRAY: And 43, Judge.

6 THE COURT: So, we've got five people. 7

0 MR. CALVERT: I don't know that we're going 8 0 to get to 43. 9 THE COURT: Probably won't. Right now, 10

D

11 we're at one, two, three MR. CALVERT: Right now, we're through -- 39 12

D

13 is in range right now. 0 THE COURT: Yeah, 39·is in range. Okay. If 14 38 and 39 go, then we'll have to talk to 40. 15

0 (Venireperson No. 9, Halley Ann Welsh, at 16 0 bench.) 17 THE COURT: All right. Ms. Welsh, how are 18

0 today? 19 0 VENIREPERSON NO. 9: Good. How are you? 20 21 THE COURT: All right. The Prosecution will 0 have a couple of questions for you. 22 MR. CALVERT: Ms. Welsh, just to go back 23

0 over what we talked about earlier -- 24 0 THE COURT: Remember, this lady over here is 25

DENISE C.PHILLIPS, CSR

U------- ----·---------------~~~~-~-~~~:r~~~~~T~~~~:~_E_R ________________ , ____________ _ 0 n

144 o .... trying to take down what you say. 1 VENIREPERSON NO. 9: Okay. 2

0

MR. CALVERT: You said that your personal

3

D

feelings are -- especially in light of a lot of your past 4 personal experience with your roommate, that you couldn't 5 D convict somebody of a felony unless it was proven that 6 they knowingly possessed the property, that they owned it 7 D as well; is that true? 8

D

VENIREPERSON NO. 9: Right. 9 MR. CALVERT: Okay. That's all I have, 10 0 Judge. 11 0 MR. GRAY: And you understand the law is 12 such that, sort of like the drug example, even though one 13 0 person could have bought it and owned it, if they 14 transferred it to the other person, it's in their pocket 15

0 16 or in their possession, they possessed it? VENIREPERSON NO. 9: Right. 17 18 MR. GRAY: Okay. So, do you have problems

D

19 with that? 0 VENIREPERSON NO. 9: No, I understand that. 20 21 I guess, I don't know, I'm getting confused. It's 0 22 MR. GRAY: Okay. Well, here's how it will 23 work. The Judge will give you the law that has to be

0 applied to the facts. Okay. 24 0 25 VENIREPERSON NO. 9: Right.

DENISE C.PHILLIPS, CSR

.Q_·· -··------ ----~----·-----·~--- 0 ~~~-~-~~~T~~~~~T~~~~~~~-R---·---------1 0 n '-·--1

145 D-. MR. GRAY: And the law that the Prosecutor 1 is referring to is possession. It•s custody, control and 2

n management of an item. You have to know it•s there. 3 0 VENIREPERSON NO. 9: Right. 4 MR. GRAY: You have to have custody, control 5

0 or management. So, there•s four different ways, you know, 6 that you can possess something. And if they prove beyond 7

0 a reasonable doubt that the person had care, custody, 8 0 control or management of the item, then you have to find 9 the person guilty. 10 0 VENIREPERSON NO. 9: Right. 11 0 MR. GRAY: And if they don•t, then you find 12 the person not guilty. 13 0 \ I 14 VENIREPERSON NO. 9: Right.

J

15 MR. GRAY: Can you follow that law? 0 16 VENIREPERSON NO. 9: Yes, sir. o· 17 MR. GRAY: Okay. 18 THE COURT: Let me understand. Tell me what

0 you believe, at least so far in the best efforts you can 19 0 20 make, what the difference between possession and ownership is. 21 0 22 VENIREPERSON NO. 9: Well, I understand 23 that. Like, I understand that even though I might, I

0 24 guess, not have one of my possessions on me that I could 0 25 be still held responsible for that even -- like they were DENISE C.PHILLIPS, CSR .Q OFFICIAL COURT REPORTER ,-------I-----------------2-9-2-N-EJ--BrSTRI-eT-eCH::fRT--------------I------ 0 0

146

D

saying with the tools in the truck or whatever. 1 I guess, I just -- with my own personal 2

D

experiences on that, where I did not have anything to do 3 0 4 with that and I know it was a moral thing to go or I don't know if it was a law or not -- but I didn't want to 5 0 be held responsible for something that I was not in 6 possession of because I didn't agree with it. And what 7 0

she .had in her room was -- I mean, I don't know. And I

8 0 got out of that situation -- but I guess I'm just getting 9 10 confused. 0 THE COURT: Okay. Well, it would depend on 11 the circumstances. 0 12 VENIREPERSON NO. 9: Yeah. I guess -- 13 0 THE COURT: 14 It looks like what you're describing, if you didn't want any part of it and somebody 15

0 just happened to have it there, and it was not your intent 16 0 17 to -- VENIREPERSON NO. 9: Uh-huh. 18

0 THE COURT: control or be in possession 19 20 of it at all, then, in those circumstances, a jury might

0 21 find you not guilty. 0 VENIREPERSON NO. 9: Right. 22 THE COURT: Going back to the example of the 23

0 card. You remember when he told you that the bailiff 24 0 25 or -- excuse me -- the Court would own the card.

DENISE C.PHILLIPS, CSR

8----- ----------------~~-~-~-~-~~~:I-~~~~~-1'~!!~~~~-~---------·--- --------- 0 n

147 ll .... u VENIREPERSON NO. 9: Uh-huh. 1 THE COURT: Ownership, but the card is put 2

0

into your hands; and you willingly except it. You would

3 0 be in possession, right? 4 VENIREPERSON NO. 9: Correct. 5 0

THE COURT: Are you saying that you could

6 not find someone guilty of possession only, that they 7 0 would have to be proven to be t~e owner of it before you 8 0

could find them guilty?

9 VENIREPERSON NO. 9: Oh, no. Sorry. 10 0 THE COURT: Okay. Well, that's kind of the 11 0 issue we're talking about here. 12 VENIREPERSON NO. 9: Okay. Right. 13 0 THE COURT: Do you have any more questions? 14 15 MR. CALVERT: Briefly. The personal

0 experience that you described with your roommate, I get 16 0 the sense from you that when we were up here talking about 17 possession and people being held responsible for criminal 18

0 19 activity for possessing something, that hits kind of close to home to you. Is that -- 20

D

VENIREPERSON NO. 9: Yeah. Right. And I'm 21 0 sorry. 22 23 MR. CALVERT: No, you don't need to

0 apologize. 24 0 VENIREPERSON NO. 9: Okay. 25 DENISE C.PHILLIPS, CSR ~0-----~-~--- ·------------··--~~-~--~-~~~-~-~-~~~±~~~!~~~~~~-~~'-E--R-~-----~--~-- ---~~ 0 n

148 D MR. CALVERT: You understand that the law 1 would require any juror to be fair and impartial, right? 2 0

VENIREPERSON NO. 9: Uh-huh.

3 0 MR. CALVERT: And like the Judge said 4 earlier, there are certain cases and certain scenarios 5

[] 6 where, due to our personal experience and our personal lives, we can't be completely fair and impartial due to 7 0

something that happened to us. For example, if I came

8 D home from church Sunday and found my house ransacked and 9 then I come in here for jury duty on Monday or Tuesday and 10 0

it's a burglary of a habitation case, I probably could not

11 0 be the most fair and impartial juror. Would that be fair? 12 VENIREPERSON NO. 9: Right. 13 0 MR. CALVERT: In light of the f~ct that you 14 were personally in a situation where your roommate and 15

0 somebody you shared a living space with put you in a 16 0 position where you felt like you were in some danger of 17 that, is that something that you feel like you would not 18

0 be able to put aside if you're on a case involving where 19 you're going to have to decide whether somebody's guilty 20 0 of a crime by possession? 21 0 VENIREPERSON NO. 9: Not necessarily. I 22 think I just was maybe confused with maybe bringing in my 23

0 own personal thing versus what is actually 24 MR. CALVERT: Sure. D 25

DENISE C.PHILLIPS, CSR

-0---------- ---------------------~~~-~-~-~~~~-~~~~~T-~~!-~~~-E_R ____________________ --------- 0 0

149 VENIREPERSON NO. 9: ~- the right way to go, D-- 1 ' I guess.

2 0

MR. CALVERT: And that's okay. That's

3 0

exactly what we're talking about is what the law requires

4 of jurors is that they -- that they not -- to use your 5

D words -- br;i.ng in their personal experiences to help them, 6 you know, decide evidence or, you know, decide a case. 7

D

VENIREPERSON NO. 9: Right. 8 0 MR. CALVERT: -That's really what I'm asking 9 is can you promise the Judge that you could completely 10 0 separate out your personal experience, or do you feel like 11 0 your personal experience would play a role in how you 12 decide this case? 13 0 VENIREPERSON NO. 9: No, that's fine. I 14 mean, I can I'll promise you that I'll put that aside. 15

0 I guess, I was maybe confused. 16 0 MR. CALVERT: Okay. Nothing further. 17 18 MR. GRAY: Ancf,you're the district

0 19 manager of Fish Daddy's? 0 20 VENIREPERSON NO. 9: I do both. 21 MR. GRAY: It's a great restaurant.

0 22 VENIREPERSON NO. 9: Well, thank you. 23 THE COURT: I've never had a bad meal there.

0 24 VENIREPERSON NO. 9: Thank you. 0 THE COURT: Anything else? 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-D ------~------------z72N'D-nrSTRTCT-COURT __________ _ D 0

150 0 ·----. MR. CALVERT: No other questions, Judge. 1 i THE COURT: Stay with us. Step outside and 2 0 3 stay with us. D VENIREPERSON NO. 9: Okay. 4 (Venireperson No. 9 retired to hallway.) 5 0

THE COURT: No. 38.

6 THE COURT: This one said that fears the 7 0 8 subconscious would influence me under failure to testify, 0 9 especially when a prior conviction is brought into it. (Venireperson No. 38, Anthony D. Pfitzer, at 10 '-----., 0 bench.) 11 0 12 THE COURT: How are you doing, sir? 13 VENIREPERSON NO. 38: Hi. 0 . ) THE COURT: All right. And this is Juror 14 No. 38, Mr. Pfitzer. The Defense lawyer will have some 15

0 questions for you. 16 0 -- 17 VENIREPERSON NO. 38: All right. 18 MR. GRAY: Yes, there was -- I think when

0 19 the Prosecution was talking about the Fifth Amendment on the defendant's right not to testify, I believe you 0 20 21 indicated that if the person did not testify and it was a 0 22 prior felony-type conviction that you were dealing with, 23 that that might go into your decision as to whether or not

0 24 the person testified or not~ u 25 In other words, you may lower that burden of

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER -8

,------I--------------------;2-9-2NB-B-f-S-TR-::E-e-T-e0B-RT-----------J------

0 0

151 proof lower than beyond a reasonable doubt if that person 1 D---. failed to testify; is that fair to say? 2 0 VENIREPERSON NO. 38: Yeah, but I perhaps 3 0 4 was expanding it beyond that. If there are my point was if something happened to a 5 circumstances 1J loved one or a family member, if the defendant had a 6 7 family member, if something happened -- all I'm saying is

0

human emotions at a subconscious level will impact my

8 0 decision. 9 10 The scenario of the not testifying, yeah, 0 11 there's something inside that says, "Well, why doesn't he 0 12 say something?" Or -- or even under questions. 13 Now, having said all that, r·understand the 0 14 rules, would certainly follow the rules. But in all 15 honesty, inside of me that -- that exists.

0 16 MR. GRAY: Well, and that's the thing. 0 17 If -- if there was a failure to testify, there was no 18 testimony from a particular defendant, that would go into.

0 19 your -- possibly go into your thinking as a decision in 0 20 the case? 21 VENIREPERSON NO. 38: I would do everything 0 22 I could not to let it. I understand the rules. I'm just 23 being honest.

0 24 MR. GRAY: Okay. But it may affect your 0 25 ability. Would that be fair to say? You have to sort of

DENISE C.PHILLIPS, CSR

_Q _____ OFFICIAL COURT REPORTER --------·~----~-----~-------2-7-2NB~B-J:-STR-I-eT-eOlJRT------~--~--~ 0 0

152 n pick a horse on these deals. 1 VENIREPERSON NO. 38: It may. 2 0

I

MR. GRAY: Okay. 3 0 VENIREPERSON NO. 38: Probably not/ but it 4 may. 5 0

MR. GRAY: It may. Okay.

6 THE COURT: Mr. Calvert. 7 0

MR. CALVERT: Sir, if the Judge instructs

8 u 9 you not to consider the fact that the Defendant didn't testify if he chases not to, can you promise the Judge

10 0

that you will abide by that law and not allow yourself to

11 0 12 consider that fact? VENIREPERSON NO. 38: Whatever the Judge 13 0 would instruct me, I would follow that. 14 MR. CALVERT: Yes, sir. Thank you. That's 15

0 all I have, Judge. 16 0 17 THE COURT: Okay. Just one question. Can you assure me that failure to testify will not influence 18

0 19 -you in the least in this case? 0 20 VENIREPERSON NO. 38: Is that your 21 instruction to me? 0 22 THE COURT: The instruction will be you're not to consider failure to testify. But now is the time 23 0 24 to tell me if you couldn't follow that rule. 0 25 VENIREPERSON NO. 38: Yes, sir, I would ·,

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER _Q~· ---- ~-~------~---~-~------~-c2~7-2-ND-El±-S-T-R-I-G-T-G0URT'--------~--·-·--- - - - - - - - 0

153

follow the rule. 1 THE COURT: All right. Any other questions? 2 MR. CALVERT: No, sir. 3 MR. CALVERT: No, sir. 4 THE COURT: Step out in the hall and stay 5 6 with us.

(Venireperson No. 38 retired to hallway.) MR. GRAY: Judge, on 38, we would move to

strike for cause; and we would also want the record to reflect the hesitation prior to making his decision that he could follow the law.

THE COURT: Yeah, there was a 30-, 40-second hesitation on the questions that I asked him. What do you say?

' I MR. CALVERT: Judge, he was thinking about his answer; but he very clearly said on more than one occasion that he would follow whatever instructions the

18 Court gives him; and if the Court specifically instructed 19 him not to consider that, that he would not. 20 THE COURT: I believe that he equivocated, 21 but in the end he closed the deal that he would not 22 consider it as evidence against the Defendant. Therefore, 23 your challenge is denied. 24 MR. GRAY: Okay. 25 (Venireperson No. 39, Nancy Hicks Nelson, at

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~---------- -~--~-------------------2~7-2-N-D-:QJ:-S-'I'-R-I-G-'I'-GGUR-'I'-----------------· ·---------~- ....__) 0

155

MR. GRAY: We don't want a situation where 1 D- you're selected as a juror -- because that will be the 2 n

instruction. You will have sworn to follow that law.

3 0 VENIREPERSON NO. 39: Yes, I understand 4 that. 5

0

MR. GRAY: And so, in your heart of hearts,

6 can you say that that would not enter into your thinking 7 0

whatsoever if the Defendant failed to testify?

8 0 VENIREPERSON NO. 39: I can't say it 9 wouldn't. 10 0 THE COURT: You couldn't say what? 11 0 VENIREPERSON NO. 39: I can't say it 12 wouldn't. I'm trying very hard to be honest with y'all. 13 0 THE COURT: All right. Thank you. 14 MR. CALVERT: Briefly, ma'am. The only 15

0 question we need answered is if the Judge instructs you, 16 0 as the Judge will, that in the event a defendant doesn't 17 testify, you are not to consider that as any evidence or u 18 circumstances against the defendant for any purpose. 19 Would you be able to follow that instruction from the 20 0 Judge? 21 0 VENIREPERSON NO. 39: I would do my very 22 best to follow that instruction. 23

0

MR. CALVERT: Okay. And, unfortunately, at

24 0 25 this part of the trial, we kind of have to lock folks down

DENISE C.PHILLIPS, CSR

cD.--------11---·-----------------~~~-~-~-~A~~-~~-~-~~~ R:!~-~~::o_E_R--------------1~----- 0 0

156 D--, . 1 one way or the other. And so, can you -- I guess, can you 2 promise the Judge that if the Judge instructs you that if 0 the Defendant doesn't testify, you are not to consider 3 0 4 that? Can you promise the Judge that you will follow the 5 instruction? 0 6 VENIREPERSON NO. 39: I will. 7 MR. CALVERT: Thank you, ma'am.

[l 8 THE COURT: All right. Three statements, 0 two statements and a question. First statement is: I'm 9 10 going to give you an instruction that if you're on the 0 11 jury you must follow the law that says you can't hold -- 12 VENIREPERSON NO. 39: I understand that.

D 13 THE COURT: -- failure to testify against 0 14 the Defendant. That's Statement 1. 15 Statement 2 is you're not under that oath 0 16 yet, and you can tell me that you don't think you could 0 17 follow that. And there's nothing wrong with saying that. 18 Question: Can you assure me you would not

D 19 allow the failure to testify to influence you in any 20 degree against the Defendant? 0 21 VENIREPERSON NO. 39: I can't promise you 0 22 that. 23 THE COURT: I'm going to excuse you for

0 24 cause. You're free to leave the courthouse. You do not 0 25 have to return.

DENISE C.PHILLIPS, CSR

-0---------- -------------------~~-~~-~-~~~:r-~~~~~-T-~~~~:~~~---------------- - - - - - - - - 0 0

. 157 n. 39 is excused. 1 2 MR. CALVERT: Thank you, ma'am.

0 (Venireperson No. 39 excused for cause.) 3 0 4 THE COURT: No. 40. 5 THE BAILIFF: Judge, No. 41 wanted a bench

0 6 conference. He's got a calendar conflict. 7 THE COURT: We may not get to him, Ernie.

0 8 We're going to talk to 40, and that will be the last one 0 possibly. 9 10 Who was that guy who was going on the trip? 0 11 MR. CALVERT: We've already excused him. 12. 0 That was No. 8. 13 THE COURT: Thank you. What is the issue 0 14 with Juror No. 40? 15 MR. GRAY: It was just possession, Judge. I

0 16 believe it was just knowing drugs were in the home was D 17 enough. 18 THE COURT: Okay.

D 19 (Venireperson No. 40, Karen K. Boone, at 0 20 bench.) 21 THE COURT: Hello, Ms. Boone, how are you fl u 22 today? 23 u VENIREPERSON NO. 40: I am good, Judge. How 24 are you? u 25 THE COURT: Doing well. The Defense lawyer

DENISE C.PHILLIPS, CSR

_Q: ___ · ~~ ~~-~~~----------~~------0~~-~-~~~~~-~~~~~~T R~~~-:~~ER

-~---~~--

0 n

158 0-- has some questions for you. 1 VENIREPERSON NO. 40: Okay. 2

0 MR. GRAY: Hello, Ms. Boone. I believe it 3 0 was during the Prosecutor's voir dire when he was asking 4 5 the panel questions, and I believe the juror that was in

0

the front -- let me see -- a Ms. -- a Ms. Welsh, she was

6 the blond young lady over here to the right. She had 7 0

given the example of knowing that the drugs, her

8 D roommate's drugs were in the house. And then, I believe 9 the question was: Is possession, just the knowing that 10 0 the drugs are in the home alone, is is that enough in 11 your mind to equate to possession? 0 12 VENIREPERSON NO. 40: No. 13 0 MR. GRAY: Okay. What is your understanding 14 of possession? 15

0 VENIREPERSON NO. 40: Well, I think that if 16 0 17 you have the knowledge, you need to do something about it. 18 But I think just knowing doesn't mean that you're in

D

19 possession. MR. GRAY: Okay. 20

0 21 VENIREPERSON NO. 40: I wanted to say, like, 0 22 if I loan somebody my tire jack and they go and commit a u 23 crime, I'm not accused of the crime. I'm just the owner. MR. GRAY: Okay. Well, on that, and there 24 0 25 may -- like the other -- one of the jurors had indicated,

DENISE C.PHILLIPS, CSR

_Q __ ---______ ------------------~~-~~-~-~~~~~~~~~!T~~~g-~~~------------ - - - - - - - - - 0 0

159 0- it may be a moral obligation; but here in the courtroom, 1 2 we're just going to be dealing with the legal obligation.

_o And so, I just wanted to make sure that you can be fair to 3 0 4 both sides. VENIREPERSON NO. 40: Sure. 5 0 MR. GRAY: Okay. 6 7 THE COURT: All right. Step outside and

0 8 stay with us. n VENIREPERSON NO. 40: All right. 9 10 MR. CALVERT: Thank you, ma'am. 0 11 (Venireperson No. 40 retired to hallway.) 0 12 THE COURT: I don't think we're going to 13 need to talk to 41. · ·He's outside the zone. 0 14 Go ahead and strike your lists. 15 MR. GRAY: We're through 40, is that right?

0 16 MR. CALVERT: Through 40. 0 17 THE COURT: 40 is the last one in the range. 18 41 is out of range.

0 19 How long do y'all need, ten minutes? 0 20 MR. GRAY: That'll be plenty, Judge. 21 THE COURT: All right. Ten minutes it is. 0 22 THE COURT: He's going to put something on 23 the record, gentlemen.

0 24 MR. CALVERT: Yes, sir. 0 25 MR. GRAY: Come on up. He doesn't need to

DENISE C.PHILLIPS, CSR

_g ________

OFFICIAL COURT REPORTER

--------------------:2-7-2-N-B-B-I-S-'I'-RxeT--eOURT--------------•-------

1J

r ,)

160 0 be under oath or anything. 1 THE COURT: He does not. 2 0

MR. GRAY: Mr. Greer, I've represented you

3 0

on this case for a some period of time; is that right?

4 THE DEFENDANT: Yes, sir. 5 0

MR. GRAY: Okay. And you understand that

6 r 7 there's been different offers that have gone back and j forth; is that right? 8 0

THE DEFENDANT: Yes, sir.

9 MR. GRAY: Specifically pre 10 0 THE COURT: Are you going to go into the 11 D offer? If I'm going to assess punishment, I probably 12 Is that all ought to go out of the room when you do this. 13

0 right? 14 MR. GRAY: That's fine, Judge. 15 0

THE COURT: Y'all got any objection to that?

16 0 MR. CALVERT: No, sir. 17 (Judge retir~d from courtroom.) 18

0

MR. GRAY: Okay. You're still recording?

19 THE REPORTER: Yes, sir. 0 20 \ I MR. GRAY: Okay. Prior to the indictment, 21 B 22 there was an eight-year offer in the case. We had filed a -- a motion for an examining trial. You were indicted.

23 8

That offer then expired as far as eight years; is that

24 0 correct? 25

DENISE C.PHILLIPS, CSR

OFF;I:CIAL COURT ^[1] REPORTER

-0-. ----~. -- -----------------2-7-2-N-B-D-I-S-TR-I-eT-eGURT---------~--- .a 0 161 o .. _ ·:.· ..... THE DEFENDANT: Yes. .. 1 '---· MR. GRAY: Okay. And subsequently to that, 2 o·

several weeks ago, there was an offer of five years TDC;

3 -==- 0 and you rejected that offer; is that right? 4 . 5

THE DEFENDANT: Yes, sir . 8

MR. GRAY: Okay. You understand that if the

6 Judge finds both of the -- first of all, if you're found 7

n· guilty of this criminal offense and then in the punishment 8 0

phase, the Judge finds both enhancement paragraphs as

9 true, then the punishment range would b~ from 25 to l~fe 10 0 in prison. Do you understand that? 11 0 THE DEFENDANT: Yes. 12 MR. GRAY: There would not be a possibility 13 0 of probation because the maximum sentence would be ten 14 years? 15 0

THE DEFENDANT: Yes.

16

Q

MR. GRAY: And you're sure this is what you 17 want to do? 18

0 THE DEFENDANT: Yes. 19 0 MR. GRAY: Okay. That's it. 20 (Strikes made.) 21 [] THE COURT: Mr. Gray, when you have a chance 22 to look at that, tell me if you have any motions or 23

0 objections. 24 0 MR. GRAY: Okay, Judge. No objections from 25 DENISE C .. PHILLIPS, ~SR _g ___

OFFICIAL COURT REPORTER

- - - - - -1 - - - --··-------------:J,----2-7-2-N-tl-D-I-S!FR-I-G--T-GGUR-'F'-------------------'I------ [j 0

162 ~l- 1 the Defense, Judge. 2 THE COURT: All right. Let's bring them in. D 3 (Venire panel reseated.) 0 4 THE COURT: All right. Ladies and 5 gentlemen, I'm going to call the names of the jurors. If 8 I call your name, please step out, come up and have a seat 6 n 7 in the jury box. .. J:~ Lorynn M. Nieto; Robert R. Cessna; Malathi 8 0

R. Manchi; Robert L. Smith; Marisa z. Galimbertti; 9 10 ~ilberto Cobos; Chad D. Lamb; Sarah Henry; Robert B. Hash; 0 11 Victoria Carter; Luis C. Espino; and, finally, Lucas J. 0 12 Irvin. 13 I believe that giv~s us 12. The rest of 0 14 you, thank you for showing up. Have a nice day. D 15 (Remaining venire panel released.) 16 MR. CALVERT: Thank y'all very much. 0 17 THE COURT: Ladies and gentlemen, if you'll 18 pick up this item here and turn over to Page No. 4, Panel 0 19 No. 4, I'm required to read you these instructions. 20 0 On Page 4 at the top half of the page is the 21 order in which we proceed through trials, so you'll know 0 22 kind of what's coming. There are about five stages to the 23 trial. We've already completed Stage 1.

0 24 The next stage is where we have the State 0 25 read the indictment, and the Defendant enters his plea to

DENISE C.PHILLIPS, CSR

-0

OFFICIAL COURT REPORTER

~---~----------------:>2-7->2-NB-B-I-S-'r-R-I-e-T--eeURT'----------+------ 0 n

163 0-

the indictment. And then the lawyers give their opening

1 statements. That's Stage 2. 2

G

Opening statements are just their 3 0 opportunity to kind of give you a road map, an overview of 4 the case so that when the pieces start to come in, they 5 8 either fit or they don't fiti and you'll have an overview 6 n to kind of know in advance what's coming to you. 7 The third part of the trial is the 8 D presentation of evidence. The Sta'te gets to go first. 9 They present their witne~ses, and Defense cross-examines. 10

D

11 And then the Defendant, if he chooses to, can put on 0 12 evidencei and the State has an opportunity to 13 cross-examine. Then it goes back to the State. They can

0 14 put on what's called rebuttal witnesses and then back over to the Defense, and they can put on sur rebuttal 15

I1

witnesses. So, sometimes_it goes back and forth two or 16 three times befo-re each side rests and closes their case. 17 18 Once that happens, that completes Phase 3 of

-0 19 the trial. Phase 4· is the Court's Charge. You'll be 20

D

21 given a copy of the Court's Charge. That's-the law of the 0 22 State of Texas, and I'll read that to you word-for-word, n and you'll hear the law. 23 24 And then, finally, the last phase is the

0 25 jury arguments of the attorneys. Both sides have a chance

DENISE C.PHILLIPS, CSR

-'r;_- -------t============O::F::::F:.:I:.:C:::I:::A::L~C:::O_::U_:::R:::T::::R::::E:_:P:O:R:T::E=R===:z=====1 - - - - - - .6( _______ 2'i'2ND DTS.TRLCT__COURT , _ 0 0

164 ~J 1 to sum up their case and try to persuade you to their side 2 of it. o· 3 So, those are the five stages of the trial. 0 4 Let me read now these other instructions 5 beginning in the middle of Page 4. a (Instructions read by Court.) 6 7 THE COURT: We'll start in the morning at

D "r 8:30; and we'll go until about noon and stop at noon, take 8 D 9 at least an hour for lu_nch. And then, we '11 come back at 10 1:15 or so or 1:30 and begin the afternoon. ·o 11 We usually give like one break in the [J 12 morning, sometimes two, and usually two, sometimes three 13 breaks in the afternoon. So, those breaks are, like, ten D 14 minutes. Sometimes they turn into longer than that. You 15 might want to bring a book to read or something if you're

D 16 sitting doing nothing for 20, 30 minutes. Those things 0 17 happen during trials, ladies and gentlemen. 18 We will supply some note pads for you and

0 19 writing instruments so you can take notes during the D 20 trial, if you choose to do so. There are rules that 21 control how you can use those notes in the deliberation 0. 22 phase of the trial, but you're welcome to take notes if 23 you desire to.

D 24 If any of you get under any pressure or 0 25 stress of any kind, like a panic attack -- we have had

DENISE C.PHILLIPS, CSR

-8----------· -------------------------0---:~-~~-~~A~~r~~~~T~~~~~~-E __ R __________________ _ 0 D

165 [J that happen -- or need to go to the bathroom or any kind 1 of health situation, just raise your hand. We'll stop the 2 B ·trial and let you leave and go recover or whatever you 3 need to do. A 4 This trial will probably be over -- could be 5 B over late tomorrow; but my guess is probably Thursday. 6 So -- and I can't guarantee you won't go into Friday, 7 D

although that's not expected. We will certainly be

8 D through this week. 9 Anything from either side before we excuse 10 0

the jury for the afternoon?

11 0' MR. CALVERT: No, Your Honor. 12 MR. GRAY: Nothing from the Defense, Judge. 13

0· THE COURT: All right. Ladies and 14 gentlemen, y'all are now excused. Go with Ernie, and 15 io he'll show you how to come into the jury room tomorrow, 16 D 17 . . and we'll see you at 8:30. (Jury retired.) 18, -~ THE COURT: Anything else to take up this 19 afternoon or now? 0 20 MR. GRAY: I think we're good on this side, 21 0

Judge.

22 MR. CALVERT: This doesn't have to be on the 23

0 record. 24 0 \ . \. 25 (Off-the-record discussion.) DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~D-- -----------------2-7-2-N-D-Il-I-.£-'I'-R-IG-T-GGYR-'I'------·--------- 0 0

166 [\ MR. CALVERT: And just to educate the Court, 1 this case began with essentially a traffic stop. A 2

[l J

vehicle the Defendant was driving and his girlfriend was

3 n 4 in the vehicle with him. They both at the time had warrants, active warrants for their arrest for burglary of

5 -~ \~'

a habitation. That was the reason for the stop. 6 l)' The officers were looking for them to 7

Q

execute thos~ warrants. After the stop was made, they 8 [l arrested the Defendant and his girlfriend. During an 9 inventory search is when the gun was found. It's our -- 10 '0 THE COURT: Where was the gun found? 11 It was in the Defendant's --- 0 MR. CALVERT: 12 tr~k in the backseat in a jacket pocket. 13 0 THE COURT: Who was driving? 14 MR. CALVERT: The Defendant was. 15

0 16 THE COURT: All right. 0 17 MR. CALVERT: At this point, we are not going to illicit any evidence as far as what the warrants 18

0 19 were for, what type of offense they were for or anything 0 20 like that. I have certified copies of both warrants. ~ 21 THE COURT: What were they for? u 22 MR. CALVERT: Burglary. That case ended up 23 never being prosecuted, but they are for burglary. 0 THE COURT: All right. 24 a 25 MR. CALVERT: I will be offering both of I .!::J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-0-~--- ----------------2-7-2ND-D-I-£'I!-R--I-G-T-GG-U-R-'r;.---------- - - - - 11 - - - - - - 0

167

those warrants for record purposes only, not for the jury. 1 \ . _.· THE COURT: Were those cases just refused 2 '

for prosecution or dismissed?

3 MR. CALVERT: I don't know if they were 4 declined if they were ever even submitted for pro~ecution. 5 i. 1'

~-was a B~yan ~D case. It never went anywhere. \ THE COURT: Do you have any objection to all of that? MR. GRAY: No, Judge. I mean, if there's you know, there may be some procedural evidentiary, you know, hearsay, that kind of thing; but I'm not going to object to -- you know, if they're going to limit it to just the warrants

THE COURT: The warrants, the mentioning of the warrants MR. GRAY: Then, yeah, I think that's fine. THE COU~T: Okay.

. MR. GRAY: Judge, I have filed a timely ''-

f9 suppression he~ring. I'm not requesting that we have a separate hearing. , 20 21 THE COURT: We'll carry it along by agreement, and I'll rule on it whenever you ask me to. 22 MR. GRAY: Okay. 23 MR. CALVERT: Judge, the only other.issue 24 25 THE COURT: What is the basis of that

DENISE C.PHILLIPS, CSR ~------ ~~--~- ------~~-----~---------~-0-~!!-~~-~~~:E-~~~!~T~~~~-:~~~R~--------~--~----~ ----~- }

168

motion? 1 1-- .

MR. GRAY: The suppression hearing, a couple

2 ~ J

of things. The basis of the stop, Judge. 3 THE COURT: The basis -- so, the reasonable 4

~

articulable suspicious, the stop.

5 }

MR. GRAY: Yes. The basis for the stop.

6 And then, also, the basis for the search. I believe the 7

r

:y'

8 testimony [\ THE COURT: Inventory search. 9 u MR. GRAY: -- will be that it was an ~

inventory search, right, not a search incident to arrest.

THE COURT: Why do you contend that a -- if ~

~

there's a warrant out for them, and they arrest both of l

them, there wouldn't be an inventory search?

MR. GRAY: Oh, there would be, Judge; but u

they're also required to follow their policy.

r . THE COURT: Okay.

J

MR. GRAY: So, there may be some questions ~ ij

on that.

THE COURT: Okay. I understand. Now, are ~

CJ

21 you going to want to do some of that outside the presence

R

22 of the jury when the time comes; or is it all going to be u 23 okay in the presence of the jury? ~ 24 MR. GRAY: I think it's all going to be ~ 25 fine, just that urging, .after they close their case so as

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~~--() __

-------------------2---'7-2-N-tl--IH-S-'f-R-I-G--T-80UR-'I'---

.l

J

0

169

fl-- to protect- the record. 1 2 THE COURT: All right. G MR. GRAY: And I think we're fine. 3 0 MR. CALVERT: Judge, the only other 4 potential evidentiary issue I know of right now is, 5 8

obviously, it's an element of the offense that we have to

6 7 prove that the Defendant is a convicted felon, that he is

0 8 at least within five years of his discharge from [] 9 supervision or incarceration. I talked to Earl, and I guess you still 10 0 11 don't know whether y'all are going to stipulate 0 12 MR. GRAY: I don't think we can. 13 MR. CALVERT: Okay. 0 14 MR. GRAY: So, you.'li probably need to prove 15- that up.

0 16 MR. CALVERT: Okay. Just to kind of give - . - .. 0 17 the Court a heads-up, in case there's any other objection 18 we can take it up now if we need to. We're going to prove

0 19 up through a Judgment that the Defendant was convicted of 20 possession of methamphetamine in Grimes County in 1997 for 0 21 which he- received a 4 0 -year sentence. And so, we're going [J 22 to have to put that in in order to satisfy that elemental u 23 retirement that he's within ~- at least within five years 24 of his discharge from supervision. 0 25 THE COURT: You put in 40 years?

DENISE C.PHILLIPS, CSR

-0~------- -------------------0~~-~-~-~~~~~~~~~~~~~g_:~'----E_R _____________ _ D

170 l _MR. C~LV~R'J': I think w~ h_ave to, Judge, J-. 1 THE COURT: You got any objection to that? 2 ~ I •m sure I will at least under, MR. GRAY: J 3

4 you know, 403. ~ i' u THE COURT: All right.

5 ~ MR. GRAY: Unduly prejudicial, but I 6 d understand -- 7 ~ THE COURT: But if it•s an element of the 8 case, I don•t see that I have an:y option. 9 ~ u MR. GRAY: No, but I guess it depends on

10 ~ what all is contained in the Judgment. You know, 11 sometimes we have issues; and I'll -- I don•t -- I don't 12

~ ii

J

think it's going to -- this was a jury trial; but if we•ve

13 ~ i 14 got a revocation and things of that nature, some of that u I don•t

15 stuff may need to be excised. ~ u THE COURT: All right.

16 R MR. GRAY: :t donTt--Ehirik that th.at.is 17 u

18 necessarily J 19 MR. CALVERT: Well, I will say just kind of 20 in that regard, and we can do this tonight or this

n u

21 afternoon just so it's ready to go in the morning, ~ 22 contained in the certified copy of the Judgment, that case u 23 was also a 25-to-life case. So, there's two enhancement ~ l 24 paragraphs that are listed in the Judgment. 25 And assuming you don•t have any objection to

~ ~

DENISE C.PHILLIPS, CSR

r OFFICIAL COURT REPORTER 272ND DISTRICT COU~T ~ J

\ 171 us redacting those because that's what he was convicted of on the two prior cases, and we will redact that so that all the jury will see is just the one case, the possession of methamphetamine and the 40-year sentence.

THE COURT: Now, what -- tell me -- explain the law to me, again, on this five-year thing. What do you have to prove? What is that element?

MR. CALVERT: We have to prove that either you're still -- still on supervision of some kind or that it hasn't been more than five years since you've been off supervision.

THE COURT: Okay. MR. CALVERT: So, you're at minimum within

five years. There's another way to do it, too. You can possess a firearm in your home after five years, but you can't possess it somewhere other than your home. But the

- . - ... ---- . - -· .... ll ·- -· --· -· 17 paragraph of the statute that applies in the case is you u 18 have to be at least within five years of your discharge n u from incarceration or some type of supervision, whichever 19

20 comes later. So, obviously, if you're still on 21 supervision, that qualifies as long as you've been finally convicted. 22 23 THE COURT: All right. That's fine. 24 Now, on the charge, are we going to have any 25 issues therei or is it pretty cut and dried?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ ~--- _ ~--~- ---~~--~------~-----222ND~D.IS.TRI.CT--COURT---~---------- ------------

J

'1 172

J

n MR. CALVERT: I think it's pretty

1 !J straightforward as far as that goes. 2 J MR. GRAY: Yeah, I don't see any kind of 3 lesser includeds or anything at this point, _Judge. So 4

~ 5 MR. CALVERT: No, sir. ~ THE COURT: No lesser included because 6 you're not going to try to claim you don't have a previous 7 ~ 8 conviction? MR. GRAY: Well, I'll probably.try to argue, 9

u 1() but I'm going to see how the -- ~ THE COURT: So, if you produce a scintilla 11 that you haven't been convicted, there could be a lesser 12

J 13 included? 14 MR. CALVERT: Well, I don't think so, Judge,

u 15 because if he's not convicted, it's not a crime to possess ~ it. I mean, you can have a gun -- 16 -- THE COURT: What about unlawful unlawful 17 ~ 18 carrying of a weapon is not a lesser included? ~ 19 MR. CALVERT: Not in your car. 20 MR. GRAY: Not .:._- yeah, not --

~ 21 THE COURT: When he's traveling. 22 MR. GRAY: Not as of this date. And that ~ 23 would have been -- J 24 MR. CALVERT: It's 2012. You don't even 25 have to be traveling anymore. They did away with that.

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~--------- 2 7 2ND · D IS_TRLCT ____ CO.URT

J

l

173 J l-- You can just carry a gun in your car now. 1

MR. GRAY: That's true. 2 ~ THE COURT: Really? I didn't know that. 3

J

MR. GRAY: Yeah. 4 ~ MR. CALVERT: Yes, sir. 5 ~ THE COURT: I might just put mine in. 6 MR. GRAY: It. makes no sense, I think, to ·7

~

get a concealed carry permit because the places that you

8 can't take it into, you still can't take it. 9 ~ THE COURT: Oh, I agree. 10 ~

MR. CALVERT: Well, you can and we can,

11 .. --· because Judges and Prosecutors can; but other people 12

~ can't. 13 THE COURT: Well, now, in order for a Judge 14

J

to do it, we've got to have a concealed to carry, though, 15 ~ il u don't we?

16 n MR. CALVERT: No, that's what I'm saying. 17 ~

,\

Judges and Prosecutors have specialized -- this doesn't· 18 ~ have to be on the record. 19 (Off-the-record discussion.) 20

~ THE COURT: All right. We'll see y'all at 21 ~ 8:3 0 ^[0] No other motions in limine for either side? 22 23 MR. GRAY: No, Judge, the only issues that I ~ can see as far as the limine is going to be with his 24 priors; and I think we're going to -- we'll handle that on 25

~

DENISE C.PHILLIPS, CSR

~-------- ----·-·---------------0-~~-~~~-~~T~~~~~T~~;g=~"=~~E __ R _______________ - - - - - - - - - 1

n 174 0---, our own. We'll approach. 1 THE COURT: All right. 2 D MR. CALVERT: Yeah. We have no intention -- 3 obviously, if he doesn't testify, we have no intention of 0 4 going into any priors other than the one that we're 5 0

required to going into for the element.

6 THE COURT: Okay. We'll see y'all in the 7 0

morning.

8 0

(Evening recess.)

9 10 0

11

0 12 13 0

14

15

0

16

0

17

18

0

19

20 0

21

0

22

23

0

24

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DENISE C.PHILLIPS, CSR

-0--------_________________ ____,o~~~~~~:E-~~~~~T~~~~~E_R _____________ , ______ _ 0 0 175 0--

1 THE STATE OF TEXAS 2 COUNTY OF BRAZOS

0

3

D 4 I, DENISE PHILLIPS, Official Court Reporter in and for the 272nd District Court of Brazos, State of Texas, do 5 hereby certify that the above and foregoing contains a B true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for 6 the parties to be included in this volume of the 7 Reporter's Record in the above-styled and numbered cause, D all of which occurred in open court or in chambers and 8 were reported by me. D 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I fu~ther certify that the total cost for the preparation of this R~orter' s Record is $ ~~~e.o and was 0 paid/will be paid by ~Y"'~1...0~ Q.c~ .

12

\ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0

May, 2013.

14 0

15

!)~~~ \)Q,u~.o) 16 D Texas CSR 6482 17 Official Court Reporter 272nd District Court D 18 Brazos County, Texas 300 East 26th Street, Ste. 204 19 Bryan, Texas 78703 0

Telephone: 979-361-4221

20 Expiration: 12/31/13 0

21

22

0 23 CERTIFIED 0 24 TRANSCRIPT 25 Q ___ - ~------ --------------~----"D""-'E,._,N"'-'I,.._,S_E_C_._PHILLTPB_,_CSR _________________ _ OFFICIAL COURT REPORTER 2·72ND DISTRICT COURT 0 D

State v. David Duane Greer 11/13112 Vol 3 108/2 108/6 108/10 108/15 113/16 157/8 157/14 157119 157/23 I58/2 9:00 o'clock [I] 18/5 0-----. 1 - ' - - - - - - - - - - - - i 114111 158/13 158116 158/21 159/5 159/9 fo=:9~=3~o'-'-r~:I1_:.::18::.:15'--------;

A

p·o""8'-'-r~:tl'--'-"I2""3:..:.11-=-2------i23 1121 13/IO 13115 13/19 13/23 159/11 159115 159116 159117 1 - - - - - - - - - - - i I3/25 I5/20 I5/25 I6/5 I6/7 56/3 I69/25 - 1 - / - - - - - - - - - - ; I411I5 I411I8 40-second (1) I53112 abide (2) 8I/17 152/11 f'-'/s'-'r""':ll~I7'-=5"-'/1"'-5--------i24 [24) 55/7 55/I I 55/16 55/21 40-year (2) 169/21 I7114 ability [6) 61124 62/2 10119

55/25 75/25 76/4 76118 77/I 77/4 403 [1) I70/4

I I0/13 I41/I I I51125 1-~----------; 99/9 I08/16 108117 108/20 108/24 41 (5] 31125 90/20 157/5 159/13 able [11) 7/24 9/8 19/12 47/9 79/1 10 (14) 29/129/4 29/6 29/10 57/6 109/::i 109115 109119 110/5 110/10 159/18 83/25 103/5 122/16 138/22 148/19 6114 61/13 61/15 75/13 132/3 ·110/15 J-10/20 ]-I0/22 11114 42 (10] 31117 31!21 65/22 65/23 -I55/20 - 132/4 132/8132/10 132/17 24007265 [1) 2/10 65/25 66/9 84/24 85/18 86/11 about (204] 10-13-00049-CR (1) 1/4 24036308 (1) 2/4 90/17 above [4) 1/15 123/I 1 175/5 IOO [I) 63/10 24077302 [1) 2/5 4221 [2) 1124 175/19 175/7 I03 [I) 2111 25 (14) 54/7 54/10 54/15 54116 43 (4) 83/15 90/5 143/6143/9 above-styled [1) 175/7 11 [24) 28/18 28/20 34/20 34/23 54/17 54/20 54/22 55/1 55/3 55/5 4320 (1) 2/7 above-titled [1) 1/15

0 35/4 36116 37/8 37112 37/23 38/3 55/9 55/10 55/15 161/10 44 (5] 83/1 83/3 83/5 83/7 83/12 absolute (1) 82/16 38/6 62/18 62/20 63/2 63/7 64/7 25-to-life [I) 170/23 45 [2) 82/23 90/3 absolutely [11) 60/25 62/19 62/25 75/14 85110116/16 119/6 119110 26 (12) 51/22 51/25 52/4 52/7 46 [2) 43112 43/15 63/4 63/10 70119 82/18 84/20 120/6 121110 135/3 52/13 52123 53/2 53/5 53/13 53/16 47 [4) 69/22 69/24 7117 71110 86/18 111/1 129/17

0 12 [31) 7/13 7/15 8/1 10/24 17/6 53/20 54/4 4759 (1) 2/12 Abstract [1) 14/1 28115 3011730/2133/25 45/3 45/5 26th [3) 1/23 2/6175118 48 [16) 69/2170/6 70/18 811I4 access [4) 47115 47/15 66/4 45/1145/1445/1845/2046/3 46/7 27 (2) 51/15 51117 81115 82/495/1199/911I/24 131117 46/10 46/13 46/23 47/4 47/8 67/16 272 [I) 1/3 112/13 112117 112/20 I13/3 Il3/6 Accident [1) 20/5

0 75115 98/21122/7 122/7 130112 272nd (4) I/8 1/22 175/4 175/17 113/10 113/14 accord [I) 125/3 136/12 136/19 162/13 28 [4) 51/6 5118 51/10 89/25 49 131 57/21 58/1 58/3 accusation [1) 5/5

S

12/3I/13 [1) 175/20 29 [4] 50/25 5111 51/4 89/23 accused [9) 9/8 11/6 83110 86/22 3 13 [11) 3/2 4/2 5/2 27/24 28/3 115/14 115/15 133/25 135123 0 28/7 28/9 28111 4511 75/16 175/20 so [2) 58/8 58/11 158/23 13th [I) 1/14 30 (40) 17/24 32/20 48/1 48/5 50s [I) 7/19 acquitted [I) 118/19 14 [16) 27/21 29119 29/20 29/22 48/7 48/10 48/12 48/14 48116 51 (4] 58114 119/10 119/I1 across [3) 49/25 120/2 139/3 29/25 30/3 30/6 30/8 30/11 40/5 48/18 48/25 49/5 49/8 49/15 49/20 119/14 action [I) 110/24

0 43121 43/25 44/8 44/16 47/14 49/23 50/3 50/7 50110 50113 50/15 53 [12) 93/2 93/3 93/5 93/10 99/9 actions [1) 1.10/25 75117 50119 88/10 88112 89/10 89/19 112/5 112/6 112/8 112/9 112/11 active [1) 166/5 15[13]15/517/1527/927/11 99/9111/5111111111/13111/17 113/16114/11 activity[l]I47/19 27/1427/1744/1944/2373116 111119111121111/23113/16 54[17)58/1858/195811958/20 actua1[3]18/350/5109/18 73118 75118 98/24 112/21 114/11 114/19 142112 153112 58/22 59/2 59/13 85/4 85/5 95/18 actually (16) 6114 7/9 7/18 24/13

0 IS-minute [3) 98/25 99/5 99/11 164/16 95/22 95/25 96/3 96/10 141125 37/1 45112 56117 66/13 115/5 16 [4) 42/2443/5 80/6112/21 300 [3) 1/23 2/6175/18 142/5 I42/8 123/25126/11 126/I8 137/18 17 [35) 43/8 68/3 68/4 68/9 77 I 13 31 [4) 113/18 113/20 113/20 57 [8) 95/15 99/10 111/24 112/3 139/10 139/11 148/24 78/678/1578/2078/2479/579/8 114111 112/4112/11113/16114/q add[1) 62118

0 80/1 80/3 95/2 95/4 99/8 104110 310 (1] 2/6 59 (2] 7117 7/18 address [2) 78/11 86/11 104/15 104/16 104/20 104/24 32 (5) 80/9 80/10 80113 80/19 5:00 [2) I25/9 125/II addressed [1) 64/12 105/1 105/5 105/8 105/22 105/25 136/20 5:00 o'clock (1] 18/7 addressing (1] 66/13 106/_8 106/12J06l!5 1.07/L 107/2. 3235 [-1)2/-12 -5:05111-12-5/-12- - - -admonition [1) 5/18

0 107/5 107/6 II3116 114/11 33 (4) 32/4 32/9 32/15 80/22 advance (I) I63/7 6 18 [8) 34/13 34/16 68/12 68/15 34 [I] 80/24 advantage (2) 75/22 811I2 68/18 68/21 69/2 69/11 35 (3) 32/24 33/2 81/1 60 [11) 7116 62/6 62/8 93/11 advice [1) 126/6 IS-year-old [1) 60/22 36 (9) 33/7 33/9 33/11 33/13 93/12 93117136113 136/14 142/1 advise (1] 138/12

0 19 (5) 33/18 33/20 34/8 69/16 40/16 40122 40/24 41/3 81/3 142/5 142/8 advised (1) 84/25 69/18 36Ist [I] 135111 6482l:U 1/22 175116 affect [7) 21111108/4 109/4 7 1997 [I) 169/20 37 [9) 41/7 41/12 41115 41/18 109/11110/12141110151124 1:15 [I) 164/10 41/2241/24 92/24 140/17 141/2 affiliation [2) 140/15 14113 1:30 [I) 164/10 38 (22) 42/4 42/10 42/16 62/14 70 [I) 7/17 afraid (3) 84/18 86/9 91/7

0 1s Ill 15/14 92/11 92117 143/5 143/15 150/6 700 [1) 115/8 after [14) 7/25 8/1 16/11 25/2 2

150110 150113 150115 150117 77803 [2) 1/23 2/7 25/23 26/22 66/7 97/2 114/8 1-------,-,-,---,---,-...,.,.----,-i 151/3 151121 152/2 152/4 152/13 77803-3235 [1) 2/12 116/11137/6 166/8168/25 171/15 20 (14) 12/2i I2/23 17124 34/6 152/20 152/25 153/7 153/8 78703Jll 175/I9 afternoon [6) 15/6164/10 164113

0 57/9 96/15 96/16 96/19 96/21 97/3 39 [34) 42/19 91/3 92/8 97/6 9717 8 165111 165/20 170121 129113 129117 136/18 164/16 97/12 97118 137112 137114 137/17 afterwards (1] 139/23 2009 [I) 100/11 138/3 138/6 138/16 138/24 143/5 88 [I) 32/16 again [21) 44/2 73/5 73/14 73/14 2012 rs1 1114 312 412 512 172/24 1111 79112 80114 81118 8616 91122 143112 143/14 143115 153125 8:3o l3~ 16418 165117 173122

0 154/3 154/6 154/15 154/17 154/21 9 2013 [1) 175/13 92/3 94/2 94/14 97/15 108/22 204 [2) 1/23 175/18 154/25 155/4 155/9 155/12 155/22 109/4 113/23 120115 122/21129/2 21 (2) 56/23 57/3 156/6 156/12 156/21 15711 157/3 979-361-4221 [2) 1124 175/19 17116 22 (20) 56/14 70/22 70/25 87/23 3rd 111 175113 979-361-4320 [1) 2/7 against [27) 9115 15/24 74/21

D 87/24 88/3 88/6 99/9 107/3 10717 979-822-4759 [I] 2112 77112 80/16 82111 82119 83/20 4 107/10107112107119107/24 9:00[1) 18/5 84/784111871787/19911491/7 40 [19) 90/23 143/5 143/15 157/4 _Q _____ _ Denise C. Phillips, CSR - - - - - - - - - - - - - - - - - - \ u 0

2

State v David Duane Greer 11113/12 Vol 3

108119 112/II I12/I5 1I4/8

165114 I66/I6 I66/24 I6717 132/I9 I33/20 I34/I2 13717 A I68/22 I68/24 I69/2 I70/5 I70111 138/I5 I39/I 141/II41/6 I4I/8 I15/20 I16/2 II9/191I9/2I120/4 against. .. (13] 98/7 98112 I 05/24 170116 171/3 17II23 173/21 174/2 143/2 146/15 I47114 148/2 153/2 120111 I22/2 I22116I24/17 I24/I9 125/4 I25/22 I30111 I 06/I 0 109/I II 0/16 I2611 133/21 I54/I3 I55/18 155/19 I56/I9 175/5 175/7 13I/II 135/I5 I42/6 I43118 133/22 153/22 155119 156/I3 I60116 161/23 I64/24 I64/24 allegation [4] 79/2I 79/25 80117 I64/25 I65/1 166118 I67/7 169/17 143/20 144/4 147/6 148/5 I50/l2 156/20 8I/10

0 agency [I] 102/19 170/2 170/9 170/25 I71!24 I72/3 I51!4 I54/2 I55!18 I56/3 I57121 allegations [3] II9/I9 II9/2I agent [I] 97114 I74/5 I7511 0 157/24 I58/11 160111 162/22 I22/2 I63/3 I64/3 I64/13 164/20 I65/I5 aggravated (1] 78/1 allege [2] I34/4 I34117 anybody [51] 611 12/IO I2/IO 13/7 13/7 l6/-1 0 16/10 16/24 18/25 166/I7 166/23 168/20 I69/11 ago (9_] 15/19 I5/20 16117 18/I3 allow (3] 8/23 152/11 I56/19

0 65/6 86/20 1I2/22 I35112 I61/3 allowed [3] 21/23 67/13 86/I 3I/15 33/23 57/18 58/I5 58116 I70/24 I71/24 area [5] 9/I9 43/2 95/19 II5/5 agree [56] 9/22 38118 38/20 41/7 allows (2] 62/22 62/25 65/2 65/6 66/I9 7I /14 8 118 82/9 42/4 42/6 42/24 43/8 43115 49/2 84122 85/3 85/9 85/I2 85/13 85/I7 I31/I6 alluded [2] I27/7 I27/14 50/23 5118 51/14 511I5 51/17 85/22 93/8 94/I7 94/25 95/8 96/7 areas (2] 8/4 68116 almost (2] I8/I2 I8/18 51120 55/8 55/I6 56/2 56/14 57/6 alone [1] I5811I 96/I2 97/4 97/20 II5/8 II6115 aren't [1] 49/17

0 57/9 58/11 58/14 59119 59/22 62/8 117110 II9/5 I20/I8 I25/24 argue (1) I72/9 along [1] I67/2I 62/9 62114 69116 73/21 74/3 74/7 125/24 I26/3 I26/IO 127/13 129/9 argument [5) 37/24 38/1 100/13 already [6] 7/15 1I4/25 ll6/I9 100114 I 02/24 77/14 78112 78/15 78/17 84/6 I29/22 I57/II I62123 130/21 I33/22 I40113 I40/I4 841!2 86/3 86/5 87/6 98/2 98/5 I40/I6 argumentative [I] I02/3 also [17] 9117 1I/8 25/6 45/I5

0 106/1911118 III/9III/25112/5 anymore (5] I6/I2 35/6 II7/I7 arguments (1] I63/25 48/25 55/I5 77/IO 84/12 II2/7 121115 I22/7 129/20 140/12142/3 Arias [2) 4I/5 92/23 II6/7 II71! I37/5 137/20 I53/9 I27/I6 I72/25 I4617 173/10 I68/7 I68116 I70/23 anyone (6] I2I/I4 I27/25 I28/3 arm [1] IOI!9 around [7] I4112 I8/4 22/5 59/2I agreeable [I] I04/5 although [1] I65/8 I38/20 138/25 139/2

0 anything [35] 15/2I I6/20 I6/24 6016 II6/9 116/9 agreed (5] 6011 84/2 III/I5 always [27] 6/19 6/20 7110 9/20 II2112 113/15 I6/25 I9/I 2I/8 2I/I8 30/19 34/2 arrest [8] IOI/15 II2/21 II8/7 17/2 I7117 21120 2I/2I22/2I agreement [8] I06/20 I07/2 66/5 69/8 7I/22 79/I6 80/I2 9112 118/II 118/22 166/5 I68/11 22/22 22/22 45/20 48/24 72/I6 I68/13 11II!I 111123 112/4 Il2/9 114/I9 77/I8 79/9 I08/2 I08/10 I20121 94/5 94/I7 96/20 96/22 97113

0 167/22 I20/24 I20/25 I28/2I I29/4 129/6 I00/24 I 13/7 I32/7 133/I8 I33/20 arrested [6] 94/12 94/I3 II8116 agrees [1] 66/19 I40/I3 I4II12 I41/I6 I46/3 118117 I26/20 I66/9 I29/IO I32/2I I39!22 ahead [9] 11/2II5/II5/I6 II0/1 am [12] II/I 0 I5/25 31/13 3II19 I49/25 I6011 I65/I 0 I65119 articulable [1] 168/5 IIII3 112/IO 113/I3 114/20 as [112] 6/8 6/8 6/9 6/9 6/2I6/2I 32/7 32/I8 42116 44117 70/I6 86/7 I66/I9 I72/4

0 159/14 anytime (1] I20/22 ll/I4 I11I4 12/23 I5/3 I5/4'15/4 103/IO I57123 ain't [I] 36/6 I6/4I7/20 I7/20 I8/7I8/8 211II Amendment [12] 82110 8211I anyway [4] 27/13 IOO/IO I00/19 AI [4] 52/7 53/7 53/8 53/20 82115 I 0616 1 07/2I I25121 I25/25 I04/25 22/23 25/6 29/2 32/I5 37/4 37/4. alarms [I] 56/5 39/I5 42/8 52119 52/25 5515 60/22 I37123 139/I 139/3 150/I9 I54/8 anywhere [2] 65/I5 I67/6 Albernaz [I] 43/li American [1] 29/6 apologize [8] I2/I6 33/8 6711 6YI464!13641136WI372/4

0 alcohol [2) 58/25 I23/7 among [1] 6/5 7I/11 93/25 II4123 133/I9 I47/24 72118 74/22 78113 83/20 84/17 Alice [I] 111/13 amount [I] I18/2 apparently (1] IOO/I4 85/13 85/13 88113 88/23 88/24 all [I62] 612 7/25 8/I 9/I I0/3 amounts [2] I30/I6 I30/I6 Appeals (1] I/4 88/25 88/25 8911 89/3 89/5 89/5 13/8 13/20 13/22 I3/24 I4112 Andy [2] I23/3 I23118 applicable [1] 26/17 89/I4 92/4 94/I8 94/18 I 01/8

0 151!4 I5/I8I6/8 16/23 I711I anger [1] 78/2 applied (1] I44/24 IOI/8 I03/6 I03/IO I06/6 IIOI19 181!I 19/24 20/19 21117 22/3 applies (1] I7I/I7 112/24 1131!8 115/10 115/20 Ann [1] 143/I6 22/11 22/15 24/23 25/4 27/2 27/4 announce [I] 142/16 apply (1] I36/4 11611 1I6/I II6/3 116/7 119119 another_[15]_ 511.8 _7l]9_1 01612/6 _ appreciate [8]-13/5-16/9 21/I5

. _?7/12 27!_23_1~I§19!l~31l33;1/2 - -I21!4-I22/13 I24/20 124/21

35/24 38/3 42/22 43/6 43/IO 43113

25/2 42/I5 73/5 73/7 85/3 85/9 65/I7 66123 68/I 93/7 93/8 I24/2I I24/23 I25/8 I25/8 I25/I9 47/23 49/2 52117 53/7 58/6 6I/2 95/13 97/22 I35!13 I40/2 I7I/I4 approach [1] I74/I I25119 I26/2 I27113 128/9 I28110 62/5 62/9 62/I I 62117 64115 64/20 answer [11] 6/2I IO/I4 22/4 are [I61] 6/16 7/6 7/8 7113 7/I3 136/9 137/24 13911 I41/I I42/9 65/5 66/23 67/I2 67/24 68/13 63/20 63/23 64/1 76/5 85/I6 92119 81! 811 8/2 9/24 I2!14 I4/2I I5/3 I42/l0 I42/19 I44/8 150/23

0 69/22 70/3 70/8 71120 7411 75/20 Il1122 I53/I6 I5I/I9I53/22 154/lii55/2 16/25I7/1I7/3 171102I/2522/8 80/4 80/14 80/23 8112 82/I7 82/20 answered [2] 87/II 155/I6 23/11 23/20 23/2I 23/21 24/10 I55/I7 I55/I8 I60/24 I60/24 8712 87116 87/I9 88/9 88/21 89/4 answering [1] 10/I9 24110 26/2I 29/I2 29/20 30/4 I6119 I66118 I66118 I68/25 90/I8 92/25 93111 95/2I 97/4 Anthony [1] I50/IO 32/13 32/24 35/3 35/I4 36/2 36/8 I7112I I71!2I I72/2 172/2 I72/22 I 03114 103115 105/5 105/7 I 08/23 anticipate [4] 89/I4 92/2 I16/2 36/I1 36/2I 38/7 38/23 38/24 39/3 I73/24 173/24

0 113/IO 113/11 113/12 113/22 I27/I9 39/4 39/5 40/3 40118 41122 42/7 aside [3] 79/22 148/19 I49/I5 114114 116114 I16/2I 117113 anticipation (1] 126/I6 42/25 43/3 43/3 43/21 44/I 44/14 ask [25] 5116 5117 6/2 I 811 2 I4/23 117/20 120/1 120/25 I21/10 _]4/25_ I9/l 0 22112 70/8 76/7 94/5 antipsychotic (1] I40/I 44M 44t:n 44/25.47/25 48/3 12 !Ill I22/9 123/3 I24/19 I24/23 any [87] 5i25 6!6 I4/6 I811 0 49/IO 49/II 49112_49/I2 5411 94/9 98/I9 99/I II4/I5 II5117

128/24 129114 I29119 129/22

2I/11 2I/I7 24/3 29/16 36/20 54115 54/I8 55/24 56/2I 57/2 I20116 I27/22 I27/22 I27/24

132/6 132/9 133/8 133111 I3311I

39110 60/17 63113 64/2 7I/I2 57/I9 58/20 62/I6 63/13 66114 I29/1 I29/2 I3611 I36123 I67122 133/12 133121 134/2 I34/1I I36/l 7I/23 78/8 79/I5 79119 80/1I 68/5 68/8 69/13 69/I7 69/23 70/7 asked [10] 17110 46/4 85116 I0118 I36/5 I36/8137/8 138/1 I39/6 82/20 84/21 89/17 90116 9112 96/8 7119 74/25 75/24 76/8 77/9 77116 I05115 I09/I3 I37/7137/8 I40/5

0

139/7 141/1 14I/4 I4I/21 I4311

97/16 98112 IOI/2 102/6 102/23 77119 80/4 80/20 82/22 83/8 8311I I53/13 143118 143121 144110 I46/20 I 03/6 I 05/20 105/20 I 05/23 83/I4 84/I9 87/23 88/10 89/9 asl<ing [9] 6112 6/18 6/19 8/3 8/5 150/14 150117 151/7 151/13 I 07116 I 08/22 I 09121 I 09/24 89116 89/21 9011 90/15 91/23 I02/7 I36/7 I49/9 158/4 151114 I52/16 153/2 I54/14 110113 112/25 113/8 114/12 116/9 92/22 92/23 93/4 95/3 96/6 99/8 assault [2] 78/1 86/21

D 154/19 155114 156/8 159/7 159/9 116/24 II7110 118/2 I23/3 124/10 I 00/I I 00/8 I 03/9 I 04/I8 I 05119 ass au !ted [ 1] 86/22 159/21 160113_ 161/7 162/2 162/4 124117 125112 12611 126/3 130/22 105/20 105/23 107/10 I07/II assaulting (1] 86/23 Q ________ _ .. Demse C. Phillips, CSR D 0

3 State v David Duane Greer 11113112 Vol 3 burden [14] 11/19 22/18 22/22 32/9 33/2 33/14 34/25 37/3 39/20 biased [1] 15/23

A

big [12] 23/18 35/20 40/11 49/18 23/8 23116 76/23 78/18 78/19 84/3 40/24 41124 44/1144/13 47/9 48/20 49/3 49/6 50/8 50/20 51/10 64/9 88/l 94/6 120/11 126111 84/8 89/6117/14135/20150/25 assess [2] 64/20 160/12 burglary [7] 134/3 134/16 134/16 51/18 54110 54/22 56/3 58/5 59/8 130116135/7 135/16 assessing [1] 96/24 148/11 166/5 166/22 166/23 59/18 60/2 61/23 63/7 67/1167/16 Bill [2] 12/4 135/14 assistant [3] 2/6 12/6 19/15 business !21 18/6 52/11 assistants [!] 134/6 69/9 7311 73/3 73/9 73/13 73/18 Biology [2] 28/9 28/10

0 bipolar [3] 100/11 I 00112 I 02/23 c assume [1] 121114 74/11 76/25 77/17 79/24 80117 81116 84/9 8611 90/11 91/12 93/17 bit [18] 8/18 20/14 35/16 62/25 assuming [2] 121/13 170/25 calendar [1] 157/6 79/10 85/14 85/20 90/12 98/23 assumption [2] 116/17 116/17 96/8 I 02/2 I 02/21 I 03/11 I 06/3

106/3 115ll 117/13 118/20 125/16 call (8]10121 99/15 125/15 assure [8] 9/25 11/7 I 06/13 110/23 115/13 115/25 122/11 0 128/12 128/15 135/14 162/5 162/6 127115 128/24 129/24 134/2 109/11 126/25 133/8 152/18 125/22 12611 7 126/22 127/23 called [9] 23/21 85116 99/2 156/18 128/1 128/2 13118 132119135/7 Black [1] 123/23

136/16 136/21139/25 146/7 155/2 Blair [6] 27119 29/17 39/22 43/20 100113 105/10 127/14 129/4 129/5 assured [1] 133/4 163/14 161/14 17111 172/6 172/15 173/8 46117 47/13 attack [1] 164/25

0 calm [1] 102/12 attention [1] 98/19 blame [3] 45/21 45/21 46114 173/12

CALVERT [5] 2/4 11/23 12/2

attitude [1] 2115 becomes [2] 90/10 90/12 bleed [1] 18/l 0 15116 152/7 attorney [6] 2/3 2/9 12/8 13110 bed [1] 43/23 blind [1] 60/17 came [5] 1115 67/3 86/13 100/13 been [52] 9/4 916 9111 I 0/25 11/4 Blinn [1] 134/6 91/13 139/12 148/8 attorney's [S] 12/3 91/19 113/5 1115 20/17 24/14 37/3 64/5 70110 blond [1] 158/7

D·

cameras [1] 126/17

140115 14114 72/21 73/25 74/24 76/19 76/25 bones [1] 24/16 can [126] 6/17 8/19 10/910/14 attorneys [3] 2/6 20110 163/25 78/5 79/8 80118 81110 86/22 9111 book [2] 23/18 164/15 10/22 10/22 10/24 I4/13 14/16 automatically [4] 74/1 121/1 Boone [4] 90/22 157/19 157/21 91/12 91/13 91116 94/12 94/13 15/4 1818 22/5 34/4 34!5 40/19 100/22 I 08/2 I 0811 U l 0/18 114/9 158/3 127/25 128/2

0 41/7 41/25 44/21 45/20 47/10 border [I] 8/19 awarded [1] 119112 116/13 116/18 116/18 116/23 47/23 47/24 50/17 50/24 51111 aware [3] 36/18 39/5 137/21 116/24121114121115126/12 boss [1] 85/24 51/18 53/24 56/5 56/25 59/22 away [10] 30119 34/1 34/24 34/25 both [18) 10/25 14/21 91113 127/3 127/3 128/1 128/3 128/4

64/12 66/1 68/7 70/13 73/9 73/10 35/5 58/5 66/4 86/15 119/17 139119 160/7 171110 171110 l 00/25 I 09/7 124115 133/18 0 137/10 140/ll 149/20 159/4 161/7 74/3 74/19 74/25 75/20 79/22 8011 172/25 171/21172/12 172/23 161/9 163/25 166/4 166/20 166/25 80/3 80/14 81/24 82/9 82/19 84/21 before [18] 1/16 5/22 1114 14/19

B

84/22 85/2 85/9 85/11 85/12 86/3 168/13

16/24 21118 71/13 82/2 88/18 bacl• [60] 15/6 15/12 22/12 23/24 86/11 87/6 87/12 87/12 87/17 97/17113/19117/8118/22132/15 bottom (I] 117/22 0 88/23 89/4 91/6 91114 94/7 94/15 24/4 30/20 31/4 31116 31/19 31122 bought (1) 144/14 137/4 147/8 163/17 165/10 33/3 35/21 36/l 47/22 55/14 55/21 98/2 99/16 I 03/4 I 03/I8 104/13 bound [1] 125/1 began [1] 166/2 106/13 I09/ll 11113 112/5 112/10 56119 57/20 62/6 62/6 63/24 64/2 begin [4] 5/16 8/12 l 0/13 164/10 box [8] 6/3 ll/15 35/7 122/12 65/5 68/18 69/2 69/19 75/20 81/7 114/24 116/l 117120 118114 beginning [1] I64/5 132/11 132113 138/20 162/7 122/15 126/24 126/25 127/2 127/6

0 82/21 84/13 86/6 86/17 92/25 95/9 behind [1) 88/8 boy [1] 18/18 95/13 101115 102/13 108/21 109/4 127/18 128/4 128/8 130/9 130/10 being [11] 9/24 22117 42/13 52/8 brand (1] 11/16 111/24122/10124/20 I25/8 132/8 133/3 133/8 133/15 137/10 57/I 84/14 120/7 141/16 147118 BRAZOS [9] 1/7 1117 12/3 14/1 125119 129/23 132/6 132/7 136/12 101/19103/11175/2175/4175/18 !40/8 140/11 142/6145/7 145/15 151/23 166/23 136/16 13914 139113 139/21 145/19149/10149/15 152/10 belief[3] 119/19119/20 122/2 breach [1) 126/20

0 142115 143/23 146/23 160/7 believe [18] 8/13 9/14 9/15 10/9 break [19] 8/22 15/5 15112 17/24 152/17155/7 156/1156/1 156/4 163/13 163114 163/16 164/9 18/7 35/18 68/23 98/23 98/25 99/5 156/16 156118 159/3 163/11 107121 114114 126117 126/22 backseat [1] I66/l3 99/11 103/19 111/3 l13/I3 I13/22 163113 163/15 164/19 164/21 129/9 145/19 150/20 153/20 157/16-158/3-158/5158/9 162/13 - ·1-I4/8·-J42/12-l42/16·J64/11 - . . - ·169/12·169!1&--170120-171/14. bad .[8] .. 12/L79!19.86/U6/7 86/8- -··-

0 I 05/2 I 05123 149/23 172/16 173/1 173/11 173/11 168/7 breaks (2] 164/13 164/13 bag (3] 35/20 36/2 36/25 173/12 173/24 believer [2] 11/12 88/3 Brenham [1] 115/5 Baggie [2] 36/22 36/23 can't [30] 10116 21/22 22/7 22/16 believes [3] 116/13 129/3 129/5 Brent [1] 107/7 bags [1] 52/21 believing [1] 86115 briefly [3] 101/3 147/15 155/15 49/24 49/24 66115 66/21 67/21

0 bailiff [1]. 146/24 76/1 88/19 88/20 90/15 110/8 belong [4] 33/13 45/6 45/7 45/9 bring [20] 8117 8/22 10/7 11110 Barden hagen [3] 58/8 58/9 58/10 35113 41116 49/7 49/8 94/7 I 04/23 120/15 122/17 122/19 !38/21 belonging [1] 133/5 bare (I] 24116 140/20 148/7 154/21 155/9 155/12 bench [22) 3/6 3117 14/4 14/9 112119 114/4 117/23 138/18 bare-bones [l] 24116 25/19 27/1 99/22 104117 107/8 142/15 143/1 143/3 149/6 162/2 156/11 156/21165/7171/l6173i9

0 Barker [2] 83113 90/4 173/9 173113 108/18 111/14 112/14 127/18 164/15 Barney [1] 123/21 candor [2] 108/13 11112 137/9 140/9 141124142/4 143/17 bringing [3] 11/14 56/6 148/23 based [1] 67/I9 cannot (5] 76/5 83/19 121113 I50/11 154/1 157/5 157/20 brings [2] 45/22 70/9 bl!_~ical]y (5] 46/4 88/7 119/17 138/14 138/14 Bernal [4) 28113 45/2 47/12 57/11 broad (3) 22/8 76/3 77/22 134/8 154110 broke (4) 134/17 134/24 135/6 capital [1] 73111 besides [1] 2119 basis (5] 167/25 168/3 168/4 car [13] 40/25 47/17 47/19 56/8 best [5] 101/9 103/2 115/18 135/8 168/6 168/7 68/23 70115 73/7 86/12 86/16 145119 155/23 broken [1] 90111 bathroom [1] 165/1 105/15 132/23 172119173/1 between [6] 10115 54/11 54/14 brother [1] 100/20 be [212] 119/2 121112 145/20 brought [2) 116/18 150/9 card (7] 10/13 10/22 142/20

0 Beach [2) 52/16 115/7 Bryan [8] 1/16 1/17 1123 2/7 2112 142/21 146/24 146/25 147/2 beyond [23) 23/9 23/23 63/21 bearing (1] 109/6 76/10 76114 110117 117/3 117/17 55119 167/6 175/19 cards [2] 56/7 99/4 because [95] 6/17 7/6 7/17 7118 care [19] 29/15 33/3 37/2 41125 118/8 118/22 119/23 119/25 121/6 bucks (1] 88/2 7/19 7122 8/5 9/16 10119 11/4 44/4 44/6 47/1 51111 56/3 56/5 123/9 124/23 125/4 126/23 127/4 building [1] 42/8

0 11/19 1711717/20 22/9 22/10 134/23 135/24 145/7 15111 151/4 builds [1) 64/9 56/10 76/14 81/9 86/7 86/7 124113 23/13 26/22 29/23 31/11 31/21 124/14 135/8 145/8 bias [3] 141/6 141/7 141/8 bunch [3] 58/3 60/7 136/5

-0------·-·-------- .. Demse C. Phtlhps, CS::.:R::____ ____ _ 0 0

4 State v David Duane Greer 11113/12 Vol 3 C charging [I] 134/9 commit [I) 158/22 116/15129/23 150/9150/22172/8 1------------;CHARLES [I) 2/4 committed [3) 24/14 3711 121/6 convictions (I] 131/11 0-- carry [4) 167121 173/1 173/8 chart (2) 27/6 117/14 committing [5) 26/5 36/12 37/21 convince [I) 122/22 173/15 chase [I] 105/19 38/8 38/20 convinced (I] 124/23 carrying [1] 172/18 check [3) 88/17 132/15 133/2 common [2) 88/17 13119 convinces [I) 76/10 Carter [3) 50/22 89/21 162/11 child [2) 7811 II9/18 community [I) 13116 convincing [2) 119115 II9/20

[1 case [97] 5/21 6/5 8/2 8/10 9/5 919 choice (3) 56/9 64118 138/11 companies [I) 20112 cool [2) 39111 67/9 9/13 9117 10/25 11120 12/4 12/7 choose [2) 60/14 164/20 company [3) 14/1 137/20 137/21 cop [2) 36/23 97/1 1212517/618/821/1121/1421121 chooses[3) 83119138111163111 compare[!] 117/21 copies(!) 166/20 21123 21124 21125 22/13 22/18 choosing (1) 90/8 compartmentalize [1) 88/23 cops [2) 59/25 94/19

0 23/8 24/8 25113 26/7 26118 64/15 choses (I) 152/10 completed [I) 162/23 copy (2) 163/21 170/22 64121 64/22 67/20 72111 73/11 CHRONOLOGICAL (2) 311 4/1 completely (6] 6/21 72/25 73/2 corner (1) 52/20 73/1276/10771177911379/20 church (1) 148/9 73/4148/7149/10 correct[17) 19/72011128/63211 81/24 86/20 96/5 100/25 101/8 circumstances (13) 36/12 38/4 completes (1) 163/18 32/2 46/23 51124 63/4 64/9 I09/I5 102/18 105/2I 106/ll 109/2 109/5 47/7 62/15 62/23 74112 76/15 compromised [1) 125/15 II0/6 110115 II0/21 111118 147/5

0 I 09/18 113/8 113/9 115116 116/17 81/16 82/19 146/12 146/20 15115 computerized [1) 1/18 160/25 175/5 118/1 119/4 123/6 124/12 124114 155119 concealed [2] 173/8 173/15 correctly [5] 20/2 27110 31/1 124114 126/8 126/14 126/22 127/4 circumstantial (1) 68/16 concern [4) 78/23 122/9 138/19 63/15 175/9 127123 131114 133/10 134113 city (I) 105/14 154/24 cost [1) 175/11

D 134/16135/11136/5 137/10 civics [I) 22/13 concerns [2) 91122 91124 could [78) 7/19 9/14 9/23 10/8 139/11 139/16 139117 139/22 civil [1] 119/4 concluded [3) 14/9 27/1 142/4 18/9 19/23 22/2 36/20 39/6 40/1 148111 148/19 149/7 149/13 claim [2] 45/6 172/7 conference [3) 14/4 141/24 157/6 40/6 40/24 40/25 41/3 45/7 45/8 151120 152/19 160/4 160/22 163/5 clarity [1) 137/8 confinement [3] 24/23 26/13 45/15 47/10 47/11 47/17 47/20

0 163/17 164/1 166/2 166/22 167/6 Class [I] 120/10 26/15 48/19 57/23 58/22 60/5 6016 6019 168125 169/17 170/9 170/22 clear (3) 103/25 104/3 119/15 conflict (1) 157/6 6113 62/15 62118 62/20 65/9 66/10 170123 171/3 171117 clearly [5] 33/22 41/9 82/1 86/15 confused [4) 144/21146/10 67/22 68/6 76/21 79/15 79115 cased [I] 86/16 153/16 148/23 149/16 79/16 83/22 89/12 89118 89/20

0 cases (14) 5/24 64/I6 77/24 115/3 Cle1·k's [1) 140/25 conscience (1] 122/16 90/7 90/17 92/6 92/12 92/19 93/5 115/4117118 119/16120/9123/7 client [1) 133/22 consciously [1) 89/19 971198/9100/25101/11103/9 130114 131/8 I48/5 167/2 17112 clients [1] 123/8 consider [16) 83/20 89116 90/16 109/8 I09/I9 110/3 118/22 I22/7 cash [I) 56/7 close (14) 9/7 1111 11/6 18/7 92/4 138/7 138115 152/9 152/12 I22/19 125/10 131/18 131121

0 cashier (2] 16118 137/1 27/11 27112 30/8 94110 94/12 152/23 153/19 153/22 154/12 l32/6 14011 140/4 142/12 144/14 cause [20] 1/3 1116 7/20 7/25 136/22 140/15 141/3 147119 154/13 154/18 155118 156/3 145/24 147/6 147/9 148/11 149110 97115104/8104/9106/23 108/8 168/25 Constitution (1] 82110 151122153/11 156/16165/5 108/15111/12112/8112/11118/6 closed [I] 153/21 Constitutional [1] I24/16 172/12 118/6118110 I53/9156/24157/3 closes (I] 163117 contained (2] 170/11170/22 couldn't [17) 811112/2419/19

0 175/7 closet [2] 131/21132/1 contains [1] 175/5 39/I4 39114 39/I7 43/18 47/6 caused (1] 5/23 Club [I] 115/8 contaminated [1) 6/4 65/19 66/2 71117 84/14 88113 9113 causing [1] 15/23 Cobos [3] 42/22 80/4 162/10 contend [1] 168/12 144/5 152/24 155/11 caution [I] 118124 cocaine [19] 35/9 52/11 52/11 continue [1] 39/7 counsel (3] 84/24 126/7 175/6

0 cell (4] 5/17 5/18 123/25 124/1 52/16 52/18 52/19 52/21 52/22 continues [1] 38/19 country [1] 126/10 Center [2] 137/4 137/4 52/25 53/1 53/9 53/11 70/12 70/13 continuing (1] 131/12 COUNTY [10] 1/7 1117 12/3 1411 certain [7] 7/12 9/20 66/2 66114 70116 70/16 70/20 132/11 132112 control [43] 28/4 28/5 28/22 I01120 103111 113/5 169/20 175/2 _ ~1/16 ~8/5]4_8/~ _ _ _ Code [1] 25/22 _ _ .29!11.29/15.32/2133!14 34/17 ... -1-75/.18. -- ---- - - -- -

0 certainly [3] 92112 I5III4 I65/8 coincidental [1) I25/I7 36/3 36/20 37/2 39/7 40/6 43/2 couple [8] 5119 5/19 8/4 95/13 certified [2] 166/20170/22 college [9] 59117 86/12 95/23 44/4 44/6 47/1 48/20 48/20 48/24 109/25 114117I43/22 168/2 certify [3] 175/5 175/9 175111 95/24 105/9 123/8 131/9 137/5 49/1 49/4 49/24 49/24 5I/11 51118 course (5] 6/25 7/5 79/19 117/22 5411 5519 55/22 56111 56115 56/18 13411 Cessna [4] 38/12 38118 62/11 137/6

0 162/8 college-type [I] 13119 59/3 59/22 61116 61/16 62/16 court [28] 1/3 1/4 116 1122 1122 Chad [I] 162/10 come (38] 8/9 1011 13/20 13/21 76115 145/2145/5 145/9I46/19 5/12 10/!110116 13/2113/21 55/2 chair[8] 99/17114/10114112 14/215/515/!215/2323/2424/4 164/21 56/1856119114115117118120/10 132/5 132/15 I42/10 142/20 25116 25/18 3611 58/2 59/25 63/24 controlled (1] 58/24 126115 146/25 153/18 153/18

0 142/21 64/2 70/15 77/24 85/20 96/6 99/2 controls [3] 53/5 53/16 53/21 164/6 16611 169/17 175/4 175/4 chairs [3] 114/7114/10114/24 99/20112/15 120/23122119 convict (9) 39114 43/18 47/6 175/7175/17175/17 challenge (2] 7/20 153/23 122/23 124/21132/13 134/19 57/!3 75/21 79/24 125/1135/6 Court's [2] 163/20 163/21 challenges [I] 7/25 139/3 14I/22 148/10 159/25 162/6 144/6 courthouse [8] 41/11 88/18 chambers [I] 175/7 163/5 164/9165/16 convicted [32] 24114 24/25 4011 104/14 106/24 108/8 111/16 142/6 chance (5] 17/I6 18/9 89/11 comes [7] 6/3 7/23 8/7 49/25 45/25 64/I8 72/1 72/2I 73/25 156/24 161/22 163/25 68/22 168/22 171/20 74/24 76/I2 76/20 76/25 79/2 courtroom [6] I4/16 35119 41/17 change [3] 17/24 60/6 6019 comfortable [I4] 13/4 42/12 80/!8 81111 82i1 109114109117 55/23 I59/I 160/18 changed [I) 137/25 42/25 49/11 49/15 49117 49/22 110118 116/14 116/24 117/4 cousin [2] 97/21 98/11

0 Chapel [3] 137/13 137/19 137/20 55/24 57/2 7112 89/9 94/5 94/14 121/14 12811 128/3 128/4 169/7 covered [I] 129/23 character [2] 106/1 123/22 100/3 169/19 17111 171122 172/12 Cox [3] 94/24 99/21 136/24 charge [8] 5/7 6110 55/13 55119 coming [7] 11117 88/18 103110 172/15 CPS [I] 119/16 134110 163/20 163/21 171124 103/10 139/18 162/22 163/7 convicting [2] 13/4 13/4 CR [1] 1/4

0 charged [6] 24/9 77/25 78/5 82/16 comment [2] I8/14 93113 conviction [13] 74/!0 74/22 79/22 credibility [6] 90/9 9617 96/25 86/21 94/13 commenting [1) 26/3 79/25 106/9 109/1 109/9 110/3 97/16 128/9 133/12 /

_Q_··· __

Denise C. Phillips, CSR 0

n

5

State v David Duane Greer 11/13/12 Vol 3 C declined [I] 167/5 dire [6) 11115/1211/23114/22 11/12131111811020/2021113 1 - - - - - - - - - - - - - ;d e ep [I) 65/8 116/11 158/4 22/5 30119 3411 34/16 34/17 35/6 0-. credit [I] 56/7 defend [2] 83/24 13118 directly [I] 116/21 35/9 35/11 35/23 37/23 38/3 38/10 CRF [I) 1/3 defendant [37] 2/9 1217 24/12 disadvantage [3] 77116 80/16 40/5 4017 40/12 45/3 45/24 46/18 crime [25) 11/1 11/6 23119 36112 71/23 72112 78113 80115 83/18 103/11 46/20 48/19 54/10 54111 57113 36118 37/1 37/21 38/8 39/2 44/10 83/19 84/9 8717 87/18 89/6 89/15 disagree [3] 61/20 67113 91111 57/15 57/24 58/5 59110 59/20

[J 57/13 70/3 74/12 74/14 82/16 91115 91/17 92/3 107123 126110 disagrees [2) 58116 61118 60115 60/17 60/23 60/23 60/23 83/10 124117 12811 128/3 128/5 15116 151118 152/9 153/22 154/12 disbelief [I] 128/2 61/3 65/2 65113 66/25 67/11 67/22 134110 148/21 158/23 158/23 155/8 155117 155/19156/3 156/14 disbelieve (I] 127/25 69114 71116 71/16 77/17 81/9 83/9 172115 156/20 162/25163/11 166/3 166/9 discharge [5] 25/23 26115 169/8 831-10 84/8 84110 8617 8617 86/13

0 crimes [I] 23/20 166/15 16917 169/19 169/24 171/18 87/24 S8/25 89/5 89/20 9116 91115 criminal [23] 5/5 619 11/3 I 119 defendant's (3] 24/22 150/20 discharged (I] 7/20 93/5 96/4 9717 97118 100/10 20113 22/1322/18 23/8 64/16 166/12 discovers (I] 37/16 105/22107/15108/22110/3 71/23 72/1073/24 75/23 82/15 defense (14] 5/101218 87/12 discuss [3) 6/5 94/15 94/21 110/23113/17115/19116/2 83/17 91/13115/3 115/4 120/9 91/13 91/18 98/10 139/12150115 discussed (1) 9/24 116/21 117115 117/16122110

0 133/10134/5 147118 161/8 154/4 157/25 162/1 163/10 163115 discussing [3) 66/17 94/6 94114 123/24 125/17 127/20 128/15 critically (1] 122/5 165/13 discussion [11] 3/6 3/17 6517 13317 135119 135/20 138/19 139/4 cross [4] 85/10 85/21 163/10 define (1) 23/20 66/18 67/15 77/21 78/11 79115 139/5 14011 140/9 142/13 143/8 163/13 defined (3] 23/19 29114 119/19 142/24 165/25 173/20 144/21 145/12 146/5 146/8 147123

0 Cross-examination [1] 85110 defining (1] 56/25 dismissed [1] 167/3 155/1 156116 159/12 163/6 167/4 cross-examine (2] 85/21 163/13 definitely (2] 40/22 79/9 disorder [3] 100111 100/12 169111 169112 170/9 170112 cross-examines [I] 163110 definition (8] 25110 29/14 53/2 102/23 · 170112 170/15 170/17 170/25 CSR [3) 1122 175116175/16 53/13 71117 71118 117/17120/16 dispute (1] 33/23 172/3 17217 172114 172/24 173/16

0 culpability [I] 64112 definitions (1) 24/21 disputing (1] 33/24 done [10] 14/18 17116 39/1 62/24 curious [4) 16/25 88/20 88/24 Defrancesco (3] 34/13 34/15 disqualify (1] 112/24 66110 91/12 121/20 121122 127115 89/5 68/10 distinction [2] 119/2 121112 13917 curling [3] 120/19 120/21 120/24 degree (2] 84/8 156/20 distracting (1] 133/19 door [7] 5817 86/25 99/1 99/6

0 currently (2] 21/9 136/25 degrees (2) 64111 64/11 distraction (1] 19/20 99/8 99/14 142117 custody [10] 29/15 36/3 37/2 44/4 deliberation (1] 164121 distributed [1] 130115 dope (2] 39/9 6119 44/6 47/176/14 145/2145/5 145/8 denied (1] 153/23 distribution (1] 53117 double [1] 136/21 cut 121 105119 171/25 Denise (5) 1122 10112 175/4 district [11) 116 1/8 1/22 2/6 12/3 doubt [24) 23110 23/12 23/24

D

0 175115175116 140/151401241411414911817514 63122 7611176/14 90111110118 1--------------!department (2] 96/17 96/23 175/17 117/3 117117118/8118/22119/24 D.A [3] 12/4 12/6 20/21 depend [5] 9/21 79/12 106/16 do (228) 119/25 121/6 123/10 124/23 125/4 D.A.'s [4] 113/4 139/13 139/15 133/6 146/11 Doctor (1) 83/9 126/23 127/5 134/24 135/24 145/8 140/25 depends (2] 77/2 170/10 does [68] 1117 12/10 17/20 25/4 15111

0 Daddy's [I] 149119 depths (1] 65/8 2517 27/15 27/16 2811 28114 33/15 Doug [4] 126/9 126110 127/1 Dan [I) 124/13 deputy (1] 105/14 33/22 33/22 3511 37/6 37/6 39/9 137/16 dance (1] 105/11 described (1] 147116 44115 64113 64/13 64/25 64/25 down [25] 6/20 7/16 7/16 10/12 danger [2) 86/24 148/17 describing (1) 146115 66/13 66/18 69/10 '70!4 70/5 7115 10/22 11/4 11/16 32/17 34/10

0 date [1] 172/22 deselection (I] 63/15 73/21 73/25 74114 74/14 82/20 35/20 42/3 55/5 65/8 70114 8118 dated [1] 120/22 desire (1) 164/23 85/23 91/17 116/23 116/24 117/1 102/12 123/11 124/4 126114 daughter[!) 93/13 details [2] 38/4105/18 117/9117/24118/11 118/25 131/1413211613917141121 144/1

determine(l]_6/.13 _ . ______ . .119/22 121/8 121/15 124/10 _ -155/25 --- - . --. !l_AY.I.Q_I~L!!8_5/512/_8 10~117 0 115/14 . did [41] 617 20/2 27/10 28/8 31/1 124/16 124118 125/24 126110 downstairs [I] 88/16 Davis [2] 31/24 90118 37/137/9 37/12 37/14 40/15 41/10 127/13 128114 128/21 129115 DPS [1] 97/8 day (19) l/14 17113 18/1 18/8 41/17 43/11 49/8 63/18 63/21 67/1 130/6 130/6130118 130/21 130/24 Dr [7] 27/25 28/25 44/24 51120 18/24 19/1 36/2 73/18 87110 116/5 67/4 67/8 67/25 68/10 72/13 73/12 131/22 132/20 133/6 133/6 134/4 52/2 52/20 83/4

0 116/5 121119 124/2139/6139117 73/13 73/13 73/14 8017101/25 135/16136/19138/13 140114 Dr. [2) 27/23 54/9 140/2 14217162/14 175/13 102/9 10311 121124 125/20 126121 160/2 Dr. Hash (1] 54/9 deal [7] 35122 52/25 120110 13119 126/21 126/22 130/2 140113 143/4 doesn't (29] 17/19 26/2 28120 Dr. Schlitter [1] 27/23 135116 139/20 153/21 146/3 150121 172/25 28/23 44/11 44/13 45/6 53/9 53/24 Draper (2] 93/2 93/3 dealer [I) 130/19 didn't [28] 9/14 41116 44/14 47/3 61110 78/3 8717 89115 91/18 92/3 dried [1] 171125

0 dealers (2] 52117130/17 4917 59119 60/2 60/23 611186/14 112/24118/8 118/8118114128/23 drive (3] 72/22120/25132/24 dealing [2] 150/22 159/2 88/25 100/2 102/5 102/11 123/12 151/11 154/13 155117 156/3 driver [1] 917 deals [1] 152/1 123/14 124/4 125/23 127/3 128/17 158118 159/25 165/23 173/18 driver's_(1] 5617 Dean [6] 58/20 58/21 95117 95/22 13-4114 132115 143/2 146/5 14617 174/4 driving (6] 9/5 919 72/24 123/10

0 96/1 96/2 146115 152/9 173/3 dog (1] 52/15 166/3 166/14 death [1] 12017 difference (7] 54/11 54/14 54/25 doing (20] 6111 8118 10/20 10/23 drops (1] 43/23 decide [6] 117/19128115 148/20 95/18 95/21 124/10 145/20 18113 20/17 22/10 50111 56111 drove (1] 41110 14917 14917149113 different (16) 35/16 37/20 44/3 65/3 72/9 102/6 104/20 !08/19 drug (6) 44/5 52/12 52112 55122

0 decision (20] 106114 108/4 109112 44114 44/15 6017 60/8 63/8 67/18 126121 131112 138/17 150112 130114 144/13 109117110/6 113/8 116/8 122/19 77/23 78/8 85/21 102/21 118/20 157/25 164116 drugs (15] 4417 58/4 59/8 59/9 124/9124/21124122126/25128/9 145/616017 dollars (I] 119/12 59/9 59/24 61112 70110 70111 128110 138/4 I38/21 150/23 151/9 differently (3] 58/17 77/6 96/8 domestic (I] 66/14 79115 140/1 157/16 158/8 158/9

0 151/19 153110 difficult [3] 87/15 90/13 92/20 don't (127] 6/1 6/5 616 6/23 7/17 158111 decisions (3) 11/11 11/15 59/19 dining (1] 131/17 7/22 9/22 9/23 1017 10/8 10/18 drunk (8] 9/5 917 919 123111

-U------ Dentse C. Phillips, CSR

D

0

6

State v David Duane Greer 11/13112 Vol 3 131/14133/7 133/7 136/3 136/4 end(l6]7/118/22171171811 76/9 76110 78/14 79/13 81/24

D

144/24 18/7 52114 55114 63119 82/17 83/20 89/2 89/3 92/4 115/16 116/23117/22117/24118/21I9/7 factual [1) 23/21 drunk .. [4) 123/18 123/18 123/24 87110 92/5 121119 123/1 126/21 119/9149/7153/22155/18163/9 fail [1) 24/2 124/4 136/9 153121 failed [2) 151/2 155/8 drunker [I) 124/3 163/12 166118 175/5 ended [3) 139/17 139/20 166/22 failure [9) 72/4 89/16 111/7 150/8 DUANE [I) 1/8 Ends [I] 52110 evidentiary [2) 167/10 169/5

0 151117 152/18 152/23 156113 Dublin [2) 105/10 105111 enforcement [IO] 94/12 94/19 Evidently [I] 36/5 95/19 96/13 I 00/16 100122 I 0115 exactly (13) 22110 28/24 29112 156119 due (4) 9/13 75/23 148/6 148/7 during [8) 7/23 71/21 98/25 114/7 105/3 I 05/24 128/25 34/14 45/24 63/12 67/1 6711 67/2 fair [4I) 6/17 6/17 8/12 8/14 8/14 9/8-10/2512/22 12/25 22/2 40/1 158/4 164/17 164/19 166/9 enhancement-[2] 161/9 170/23 67/25 73/21 73/24 149/4

0 duty [5) 717 88/18 124/24 125/1 examination [4] 5/12 II/23 85/10 45/25 46/20 53/19 53/22 54/2 enough [I6] 1011 10/20 27/11 56/24 57113 57/16 57/23 71/16 148/10 . 27/12 30/8 36/19 39/6 91/16118/4 114/22 71116 73/15 81/23 84/21 93/19 DVD [I] 134/22 119/21121/20122/3131/25132/1 examine [2) 85/21 163/13 examines [I) 163/10 98/6 100/25 101/24 102/8 123/7 DWI [4) 112/21 118/21 123/6 157/17 158/11 129/19 137/10 140/11 148/2 148/7

0 124/9 examining [I) 160/23 entails (I] 25/6 I48/I2 148/12 I51/2 151/25 159/3 DWis [1] IIS/16 enter [2) 126/2 155/7 example [19] 36/21 52119 55/5 55/22 59/6 59/8 60/5 66/15 77/23 fairly [3) 17/23 10116 113/2 enters [1) 162/25

E

78/21 78/22 86/19 106116 1I8/16 falling (2] 123/11 124/4

entire [3) 8/21 10/19 25110 each [I7) 9/20 I 0/2 11119 14/22 envision [I) 135/22 130/25 144/13 146/23 I48/8 158/8 falls [1] 13 11I4 0 23/1923/23 63/21 76/23 79/23 family [7] 12/19 66/3 95/19 96/8 equally (I] 96/25 examples [I) 126/4 81/25 90/6 9016 9019 90/11 I21/8 98/6 151/6 151/7 equate [4) 118/11 130/6 130/24 except (2) 36/13 147/3 133/2 163/17 fans [I) I23/3 158/12 excised [1) 170/15 EARL [I6] 2110 I2/9 15/18 17116 far [12) 6/9 64/13 80/12 94/18 equivocated [I) 153/20 excuse [8) 99/5 106/22 I 08/7

0 17/19 22/8 77/1 0 85/14 88/1 94/4 101/8 II 1/24 114/9 145/19160/24 Ernie [5) 16/16 112/10 114/4 111/16 112/11 146/25 156/23 98/20 I 03/24 II 118 115/2 143/2 165/10 166/18 172/2 173/24 157/7 165/15 169/10 excused [22) 104/7 104/9 104/13 fat [I] 23/18 erodes [I) 90/9 earlier [8) 65/18 72/17 82/6 84/2 107/2 108115 111/11 111123 112/3 fault (2] 33/16 116/21 err (1] 118/24

n 94/4 113/18 143/24 148/5 112/4 112/8 112/9 113/21 114/7 favor [2) 15/23 89/3 escalated [I] 100114 u 114/9 114119 125/22 142/6 142/8 favorite [1] 123/22 easier [I) 90110 especially (3) 91/5 144/4 150/9 East [3] 1/23 2/6 175/18 Espino [4) 80/7 80/9 80/11 162111 15711 157/3 157111 165/15 FBI [3] 97/9 97/10 97/14 easy [2) 77/19 117/23 essentially (2) 52/8 166/2 execute [I) 166/8 fear [2] 92/13 127/8

0 educate [I) 166/1 fears [I) 150/7 establish [I) 47/20 exercise (2) 37/2 82118 efforts [1) 145/19 established [I) I I 6/19 exercised [1) 76/14 feel [39) 8/20 20/24 39/18 39/25 eight [3) I 7/6 I 60/22 160/24 40/21 43117 45/24 46/2 53/18 estate [I) 13/19 exercises [2) 87/18 92/3 eight-year [1] 160/22 even [33) 5/23 8/8 14/24 32/6 exercising [3) 36/3 4 7 /I 6I/I5 57/11 57/22 62/11 65/12 65/14 Eighteen [2) 137/1 137/2 65/I7 65/I8 65/20 65/24 68/3 41/20 42/7 42/14 45/12 46/25 53/9 exhibits [I) 175/9

0 either [I6] 24/23 26/5 35111 40/9 53/24 57/14 57115 57/24 68/7 exist [1) 66/13 68/13 69/I3 69/20 83/25 84/2I 58/22 62/2 64119 65113 94/IO 85/22 86/8 93/18 100/2 I 0113 74110 76/I9 82/5 82/7 117/8 118/8 exists [I] 151/15 132/10 133/13 140/14 163/6 122/2 126/3 127/14 129/11 131/10 expanding (1) 151/4 I 0 115 I 0 1/23 102117 I 08/23 I 09/8 165/10171/8 I73/22 I 13/1 125/25 127/I5 148/18 133/21 144/13 145/23 145/25 expected [I) 165/8

0 elect [I] 88/6 151112 167/5 172/24 experience (16] 6/1 79/8 88/17 149/11 elected [1) 12/4 Evening [I) 174/9 94/10 94/11 94118 94/19 96113 feeling [3] 39/19 85/13 85117 election [I) 64/18 event [4) 64/18 64/19 89115 98/6 100/6 105/2 144/5 147/16 feelings [5] 8/8 105/23 108/22 e1~~~n_t_[!_9]_1._3_g1_~3_L2_H_40. _____ .148/6 14911 U49/12 -- --· ---- .14119-144/4-- -·· -------- --- J55D.7. ___ . ---- -- - - --- -

0 26/9 71125 72/5 76/23 79/23 81125 experiences [5) 6/6 8/5 8/6 146/3 feels [7] 43/16 57/17 57/18 58/16 ever [9) 9/14 I 0/25 1115 24/20 117/212118121113 123/12 123/15 52/2 94/5 130/14131/7 167/5 149/6 62/10 66/22 133/13 124/4 169/6170/8 171/7 174/6 Everett [5) 69/22 71/7 71/8 71/9 Expiration [I) 175/20 felon [7] 5/6 24/10 24/18 72/1 elemental [I) 169/22 7119 expired (2) 98/17 160/24 79/2 97/23 169/7

0 elements [I2] 23/21 24/10 24/17 every [12) 6/2 I I 0/2 23119 79/23 explain [2) 51/2 17115 felonies [I] 120/7 26/10 63/21 76/8 12119 121/18 81/25 106/2 119112 120/17 121/8 explained [1) 137/24 felony [42) 24115 24/25 39/15 I 23110 I 24/24 I 25/3 134/13 126/15 133/5 139/22 explore [I) 46116 43/18 45/25 47/6 65/10 66/22 else [35) 7/8 13/7 16110 35/6 40/6 71118 72/21 74/10 74/22 74/24 everybody [47) I 7/2 24/6 64/3 express [I) 8/15 45/7 45/9 47/10 62/10 66/19 66/22 64/14 64/25 64/25 71/2 72/9 72/22 eye [I) 60/17 75/25 76/12 76/13 76/20 77/2 77/5

0 71/14 71/14 75/24 77/9 81/5 8115 73/21 74/3 74/6 74119 75/24 77/9 eyeballing (I] 72/8 79/3 79115 79/21 79/22 79/25 8 I /8 85/6 85/8 87/17 87/25 93/8

8115 8115 81/13 86/3 87116 87117 eves Ill 1 0116 80118 8119 81/11 82/1 90/8 9115 94/25 96/7 96112 97/2 97/4 97/20 87/20 90/25 91/24 9311 96/25 97/2 F 109/5116114116/14116/24117/4 100/3 1 i4/I4 (16/23- I 16/24 I 17/1 100/24 I 02/22 115/22 138/25

117/4 121/12 121114 129/23 0 149/25 165/19 117/9118/25121115124/16 Face [I) 52/3 134/12 144/6 150122 else's (2) 6617 68/23 124/17 124118 127/6129/20130/6 fact [28) 11110 15/22 19/20 21/9 felony-type [1) 150/22 embark [I) 5/13 22/3 22/3 22/4 26/5 59/22 59/23 130118 131117 132/21 134/4 felt [7) 9113 59/17 84113 101/7 embarrass [1] 140/9 135/16 140/12 73/24 74/22 75/23 77/20 77/20 102/1 I 02/2 148117

0 emotions (1) 15118 79118 79/20 8119 8 I 110 96/23 everyone [I) 128/19 females [I) 132119 empire [I) 52/17 everything (9) 10112 20115 51111 97/14 9811 I 102116 102/18 103/12 few (7) 7/9 106/6 114/6 126/4 employee [I] 20/21 55/I 9 55/23 57118 88/4 I 37/8 I 48/14 152/9 I 52112 127/20 136/8 154/7 empty [4) I 14/7 114/9 114/10 factor(!) 102118 151/21 Fifth [12) 82/9 82/1 I 82115 106/6

0 114/24 facts [15) 21/25 26/7 77/17 78/8 107121 125/21 125/25 137/22 evidence [32) 6/2 18/4 35/22 enable [1) 81/17 46/25 47/10 5411 67/19 74/23 76/9 79/ I 3 79118 I 09/8 I 09/9 II 0/8 139/1 139/3 150119 154/8

.. -0--- Demse C. Phillips, CSR 0 0

7 State v David Duane Greer 11113112 Vol 3 136/3 138/9 144/23 156110 163/1 gradation [1) 117/16 found [14) 36/24 37/13 37118

F

grade [1) 141/20 163/4 164/11 169/16 37/19 40111 64/19 66/3 101110 graduated [1) 115/6 118/18 126/6148/916117166/10 given [4) 102118138/23158/8 figure [5) 6/22 67/23 72/8 72111 gram [1) 52/21 163/21 12317 166/11 foundation II) 116/19 Granberry [3) 2111 115/2 139116 filed [2) 160/22 167118 gives [3) 33/3 153/18 162/13 fill [I I 133/4 giving [3) 34/24 34/24 78/21 gray [11) 2110 2111 12/9 13/11 four [3) 20/18 93/22 145/6

[J 13/12 68116 74/21 114/22 115/2 glad [1) 717 finally [4) 120/25 162111 163/24 Frederick [2) 113118 I13/20 115/2 161122 171121 free [4) 106/23 108/8 111116 God [1) 73/6 great [6) 59/6 69/2 83/25 I22/9 find [14) 36/22 39114 65/10 66/21 156/24 goes [5) 73112 130/15 163/13 130/2 149/21 163116 172/2 71117 76/1.6 8917 I 09/13 109116 Freudian [1) 110/4 going [162) 5/I4 6112 6118 8/3 8/4 greater [2) 119/6 119/8

0 Friday [3) 19/5 19/6 16517 145/9145112 146121 147/7 147/9 8/4 9/19 9/19 11/16 12/5 14/17 GREER [22) 1/8 5/5 12/8 12/12 finding [2) 37117 69113 friend [3) 12/18 12/23 66/3 14/18 14/21 14/22 16/21 1713 1717 12/13 12/17 22/2 22/24 24/8 64/21 finds [2) 161/7 161/9 friends [2) 15/25 105/12 1717 17/817/1117/12 17/14 17/18 72/18 74/20 75/22 77/11 98/3 9817 fine (17) 1417 14/8 6117 88/25 front [7) 8/21 8/24 27/8 63/18 98/12 115/14 116113 126/1 133/22 17/18 17/22 18/21 18/24 19/1 92/21104/6107112 108/21 120110 94/6 100/3 158/6

0 160/3 122/8 149114 154/3 160115 167/16 19/11 19/21 21114 21120 23/I4 Frosch [1] 51113 26/IO 26/12 27/2 30/20 3114 34111 Greer's [I] 12/25 168/25 169/3 171/23 fun [I] ·127/3 34/15 36/6 37117 42/3 45/I5 46/I6 Griffin [2] I23/4 I23119 fine-only [I 1 120110 further [4) 48/3 149117175/9 Grimes [I) I69/20 47/I3 55/2I 56/I8 60/20 67/18

0 fire [1 1 79/6 175111 grocery [1] 70/14 firearm (13) 5/6 24/9 24115 24/17 68/18 69/2 71115 71122 74117

G

group [4) 8/22 8/23 94/6 9417 24/21 47/2 74/11 74123 76115 77/5 74/21 75/21 76/4 76/22 77/II Galimbertti (4] 27/8 44/17 44119 77/14 79/I2 79/18 80/15 8118 8417 guarantee [2) 13116 16517 81/20 82/2 171115 84/10 85116 85/20 85/21 87/19 guard [1) 16/19 firm [4) 11/!I 119119 119/20 162/9

0 87/21 89/I 89/3 8917 91110 91110 guess [23] 18/13 50/19 64112 66/6 122/2 gangster [2) 52/8 52/11 garage [1] 43/22 91111 94/2 94/I1 96/5 96/6 98/10 79/14 86/20 I 0017 102/1 I20/23 first [29] 7/13 8/1 11119 17/2 120/24 127/9 140/5 144/21 145/24 17117 21119 39/23 45/23 47/23 gas [1) 133/5 98/23 98/24 99/1 99115 102/17 105/9 105110 105/20 106/3 I06/22 146/2 146/9 146113 149/2 149116 63114 67/4 67/17 74119 74/19 gather [2] 99/6 142117

0 gave [10) 31/3 31111 32/9 45/16 10817 109/3 109113 109/17 115/17 156/1 I65/6 I69/10 170/10 87117 94/17 94/25 95/21 99/15 52/25 58/4 10119 101/ll 126/4 115/19 116/I 116/3 116/8 116/9 guilt [12) 63/8 63/17 63/19 64/11 99116 101/22 110117 115115 12217 64/24 65/3 71121 106/10 106114 129/9 136/20 156/9 16117 163/9 141119 116/20117/19122/13 122/16 109/2 116/8 126/2 Fish [I] 149/19 Geisenschlag [1) 13/25 I22/17 124/9 125121 126/15 fit [2) 163/6 I63/6 general [4) 22/9 76/3 77/22 92115 126/16 I26/18 I26/18 127/20 guilt/innocence [1) 106110

0 generally [1) 6117 I27/21 I27/21 I29/23 130/3 13217 guilt/innocent [1) 116/8 five [IS) 24/22 2511 25/3 25/23 26/22 113/22 139114 14317 16113 gentleman [I] 77114 133/8 133/9 133/14 134/6 I36/1 guilty [55) 23/3 23/4 2411 24/2 gentleman's [1) 42/5 136/2 136/3 142/9 I42/10 142/11 24/5 24/6 39/8 39/14 63/16 63/16 162/22 164/3 169/8 169/23 17116 171110171/14 171115 171118 gentlemen [9) 11/8 11/13 I4/17 142/19 I42/20 I43/8 146/23 63/25 64/1 64/3 64/5 64/I9 65110

0 98/22 I59/23 162/5 I62/17 164117 I48/20 I56/IO I56/23 157/8 66/21 6917 69/8 69/9 71117 74/2 five-minute [1) 113/22 five-year (1) I71/6 165115 I 57/10 159/2 159/12 I59/22 74/14 74123 76/17 78/4 82/2 89/2 get [81) 6119 7111 7115 7/19 8/6 89/8 93/18 10I/10 106/18 115/12 flat [I) 49/18 160/11160/12 162/5 I66/18 flesh [2] 35/2 130/3 10/14 I0/1915/2 15/2 15/6 15/9 167/I1 167112 I68/21 168/22 1I5/13 117/6 11717 117/24 118111

0 17/22 22/3 25/4 31/4 31/22 36/21 118/18 123116123/17 124/6 flinch [I) 106/3 I68/24 169/I1 169/I8 169/21 floorboarded [I) 105/16 37/6 37/10 37/14 39/11 39112 I70/13 171124 172/7 I72/1 0 124/25 125/2 125/6 12517 135/3 39/13 44/3 58/5 60/1 60/5 6111 135/4 145110 145113 146/21 147/7 focus [2) 94/11 118/20 173/24 173/25 174/5 174/6

-~'!!6 6'![16_65/4 fi7a1§8L!L71/22 gone [8)_I807_18/20 22/6_107/2I. _1~7/9_1~8/20 .161/8. .. f~ll~[l~)_ 3?~12 }~I~ :J.~O 7 .. - - . 0 45/24 57/10 65/17 65/20 83/21 72/25 73/2 73/4 73/5 83/21 83/23 113/19 131111 139113 16017 guilty/not [1] 63/16 125/13 125/22 13117 133/3 136/9 85/15 85116 9118 91117 105/11 good [48) 7/IO 11116 ll/24 11/25 gun [11) 66/2 66/10 66/15 69/6 136123 155/25 I 05118 106/2 I 06/4 110/8 113/23 13/13 16/6 16/23 17/17 18/6 20119 69/6 79/2 81119 166/10 166/11 115118 116/1 116110 117/8 118/23 21/13 23/11 28/23 30/13 36/23 follow [34) 9/23 10/8 10/9 67/8 172116 I73/1

0 67/11 67/22 76/21 87113 89118 120121 12217 122110 122/12 38/11 4211 43/24 45/8 45/23 54/13 guy [15) 13/13 52/20 52/21 52/24 92/6 92112 92119 93/6 122/8 122/23 12917 12917 132/8 133/2 58/13 66116 70/9 72/25 73/2 73/4 53/6 72/13 76/11 86/20 103/25 122/10122114 122117 135/25 13317 133/10 134/19 136/3 136117 73/8 77/10 80/2 8115 81113 82/14 124/3 124/9 126/9 13517 137115 136/6 138/22 145/15 151114 136/17 136118 138114 139/5 139/6 87/20 90/23 90/25 92/22 93/1 157110 152/14 152/24 153/1 153/11 140/11 143/9 147/16 154111 15717 104/20 106/1 108/20 111110 luuvs 121 117119128/15

0 153/17155/3 155/20 155/23 156/4 164/24 173/8 125/2013111141119143/20

H

156/11 156117 168/16 gets [7) 11/18 36115 73/12 74/10 157/23 165/21 following (2) 1114 10/5 8811 I 09/4 I 63/9 ha~itation [3) 134/16 148111 goodness [1] 139/25 force [I) 79/23 getting [9) 18/20 2617 37/4 40/12 G()ogled (2) 5/21 5/21 I66/6 half [4) 74/3 74/6 116/5 162/20 Ford [6) 31/17 31/18 31/18 31/19 44/18 65/5 86/25 144/21 146/9 Gosh (1] 12/21 65/22 90114 Gilberto [1) 162110 hall [2] 105/11 153/5 got [36] 5/20 14/5 3217 35/20 42/21 46117 59/23 67/12 72/16 Halley [1) 143/16 foregoing [I) I75/5 girl [2) 59/24 120/22 hallway [6) 103/22 1 ll/4 113/14 forever [1] 71/19 girlfriend [5] 86/22 100/12 7317 76/11 84/10 93/22 95113

D forgotten [2) 14017 14017 102/24 166/3 166/9 100117 100/21 105/16 114/6 150/5 15317 159/11 formal [I) 134/9 girlfriends [I] 86/23 114114 12111 125114 130/22 132/6 Hamlin [I) 140/22 former [I) 20/21 136/19 139/2 13917 139/21 141/13 Hamlin's [1) 140/I8 girls (I] 8711 hand [20) 7/2 9/11 1115 29/17 forth [4) 139/5 139113 160/8 give [22) 717 17/23 17/24 30/19 143/4 14317 146/9 157/6 160116

0 29/24 30/1 3017 30/11 34/19 39/22 163/16 35/5 56119 76/24 78/22 86/19 170/2 170114 173/15 forward (31 17/6 33117 98/21 98/20 98/23 120115 12311 136/2 government [2) 119/17 129115 40/20 43/19 46/2 54/23 56/17

.. Demse C. Phillips, CSR 0

8

State v David Duane Greer 11113/12 Vol 3 hurting [1] 122/16 58117 82/24 88/13 91/18 149/6 Hmmm [1] 12115

H

hold [34] 10/13 10/17 10/I8 I0/20 husband [1] 50/li Henry [4] 15/18 56/1 141/14 30/I6 30/I8 3I/4 31/I2 46/4 66110 hypothetical [1] 22/9 hand ... (5] 115/25 123/2 130110 I62/IO hvootheticallv Ill 9/5 7I/19 74/2I 76/5 76/22 7711I 165/2 175/13 her [24] 6/20 I0/20 21/3 21/12 handing (1] 55/13 31/3 3II12 3I/22 32/9 32/10 33115 80115 82119 84/7 84111 87/7 87119 I handle [1] 173/25 33/I6 40/8 40/11 56/17 6I/1I 87/22 9114 91/7 98/6 99/6 106/10

0 I'd [9] 8119 9/1 37/8 37/23 38/6 110/16 120/13 I2611 133/21 handling [I] 64/24 93/14 93/18 93/19 111/6 120/24 94/21 95/4 105/2 I28/19 hands (14] 7/3 15/9 15110 15/13 135/20 138/14 156/II I2IIl I31121 146/8 I58/8 I'll [16] 5/1511118 35/1186/6 27/2127/2239/16 40/3 94/I7 here [81] 7/6 8/24 9/25 I 0112 holding [6] 34/I9 45/10 57/15 87/4.11118 114/24 II7114 12311 105/23_109/I 130/20 115/23 I23/5 J32/f5 139/2 1471;3 I0/23 11/16 1212 I2/6 I2/7 12/8 14I/21 149/15 I49/15 163/22 hang (1] 30/22 1211 0 13/7 I4/3 I4/ I8 14/23 I5/3 Holt [7] 43/7 68/2 9511 I 04/16

0 167122 170/12 17219 happen [9] 11/7 19/19 36/6 48/I9 I5/231611116!1218/1722/3 104/18 106123 107/6 I'm (124] 5/14 10/9 11111 12/2 home (22] 37/18 38/8 43/2 48/6 91/19 128/21 139/21 164/17 165/1 22/22 22/23 22123 23/I9 25/18

49/13 51119120/17I20/25 I25/13 16/II17/1417/1619/4I9/14

happened [7] 35/23 36/8 I 03/17 31/16 33/23 35/9 35/20 36/25 125114 133/2 134/4 134/16 134/17 20/25 25111 26110 27/2 30/19 31/4

146/16 148/8 I5115 151/7

55/20 55/23 57/12 64/I6 64/23 0

65/6 66/12 67/3 67 /I6 67/17 67/22 134/20 137/6 I47/20 I48/9 157/16 32/6 32/6 32/14 34/25 35/4 35/10

happens [7]9/24 66/13 73/2 36/6 46116 47112 47/17 47119 118/16 122/20 125/9 163/18 72/7 72/8 72/18 77/24 82/3 84/9 158/11 171/I5 171/16 48/25 49115 50/1 50/4 50/5 57/7 happy [3) 20/25 21/2 2115 85/12 85113 85113 85/14 85/20 Hone [1) 137/16 59/20 59/21 60/20 64118 64/19 85/22 86/20 9212 93/1 94/14 98/24 honest [16] 16/3 16/3 65/9 67/6 Haque [3) 83/1 83/2 83/4

[J 6717 67/I2 73/6 77/13 I09/7 109/7 65/9 69/5 6917 69/8 69/8 69/9 hard [6) 27/7 91/4 I 01111 102/13 101/19 103/10 103/10 114/8

115/18 11611 I20/5 I22124 I22/24 109/9 110/3 110/5 1I6/I2 15I/23 69/24 71/8 74/17 76/4 76/22 77/I4

154/22 155/13 79/I4 81/II 81117 81/19 82/4 82/6 hardship [I] 19/I2 I27/I3 132/13 132/I4 I33/7 I55/13 83115 84110 85/13 86/8 88/3 89/I honesty [2] IOI/I115I/I5 Hash [5] 51120 52/2 52/20 54/9 136/12 138/12 I43/25 I47/12

0 89/3 89/7 89110 90/20 90/23 9I/7 162/10 I47/17 I48110 I58/7 I5911 I62/I8 Honor [2] 93/24 I65/I2 9I/IO 9II10 91/11 91112 92/14 hasn't [2) 76113 171/10 here's [5] I4/25 I7/8 48/22 72/16 Honorable [1] 11I6 93/25 96/2I 9717 97/24 98/22 have [278) hopefully [2] 102/20 I41/I9 144/22

98/25 99/I5 102/7 I 04/20 105/25

haven't (3) 37/1 67/IO I72/I2 hereby [1] I75/5 Hopkins [I) _I 00/9 I06/3 I08/7 I08/21 I09/3 I09/6 0 having (11] 46114 62/3 65/7 65/I4 Hernandez [5] 33/I8 33/19 34/5 horrible [1) 77/25 1I5/21I5/I71I51191I6/20 121/4 72/21 74/24 78114 90/8 91/5 6917 69/I2 horribly [2) I8/I8 I8118 I2I/7 I22/8 I22122 I27/15 I27/I6 114/I6 I51113 -hesitation [7) I21/3 I2113 I2I/4 horse [1) 15211 I29/23 130/2 132121 138/7 138/11 Hawaii [1) 19/1 12I/4 12I/7 153/IO I53/I3 horses (2) 83/22 84/I4 I39/2 I39/25 141125 I44/2I 146/9

0 He'd [I] 123/25 hot [1) 136/li Hey (1) 88/24 147/21 149/9 15I/7 I51/22 I55/I3 he'll (1] 165/16 Hi [1) I50113 hour [8] I4/22 I4/24 I5/2 I5/5 I56/9156/23 158/23 I58/23 he's (49) I3/13 26/4 26/5 26/6 I5/9I7/I5 17/I5 I64/9 Hicks [1) I53/25 160/12 I62/5 162/I9 I67/1I 26/8 26/19 26/2I 42/8 42/13 50113 hidden [1) 13I/20 hours [1) I8/7 167/I9 170/3 172/IO I73117 52112 52/12 52115 52115 52/22 hiding [4] 31/19 84/I9 88/7 89/2 house [27] 411I 48/II 49/3 49/4

0 I've (12] I4/5 46117 911I2 91/13 53/10 55/22 68/19 6911 69/3 69/4 high [3) 22/13 22/I3 I20/4 49/6 50/9 56/4 59/4 59/9 60/4 70/25 74/23 76/19 80117 85/25 60/11 60/I6 6I/9 6I/II 62/4 811I9 911I6 I05/3 131110 137/23 139/7 higher [4) II8/3 II9/I8 I30/20 89/2 89/2 91/5 96/4 97/9 97/IO ' I39113 149/23 160/3 130120 8112I 82/7 86/I3 I20/I8 130/25 97/12106117 110/18II5/I4 highest (1) I20/3 132/22 134/24 135/6 I35/8 I48/9 idea (1) 49/I8

0 116/24 123/17 126/10 126/I2 ideas [1] I25/12 Hill [3] I37/13 I37/I9 137/20 158/9 126112 I37/18 143/4 157/6 I59/13 him [48] 12/20 I3/4 I3/4 13/14 Houston [I] I39/I8 ignore [I] 60/I5 159/22 I69/23 172/15 172/2I how [89) 6119 7/1 9/I6 Il/3 II/8 _ III [I] 1116 I5/23 I5/24 16118 42/8 42113 head [8) 27/9 311I6 39/24 59113 - _j]Ll7_12/f_QJ__3/14_l5Jl151_815lll ilkgal_[2] 3_6/_13_ 37/3_ 42/21 51115 52125 52/25 53/7

- 0 68/24 7fiW7:S!·f76i:r4 - -- -- - -- -s5723-69i9 74Ti2 76/16i7m- 15/19 17/3 17/8 20/I6 20/24 21/20 illicit [1] I66/18 immediate [1) 78/2 heads [7) 17/3 74/8 121/16 I28/6 79/I9 79/24 80/16 83/20 87/19 22/I4 26/21 27/I9 35/1 39/25 129/21 130/8 I69117 40/20 43/6 44/24 45/2 46/2 50/17 immediately [1) 47/20 9114 9118 9I/8 9I/I8 I01/10 heads-up [1] I69/17 10I/25 I02/II I02/I2 I02/I2 51/2 53/18 5611 57/22 58/2 58112 impact (1] I51/8 health [I] 165/2 104/2 I 06/10 I 09/I I 09/7 110/17 6113 63112 65112 65/24 68/2 68/13 impartial [5] 12/24 I40/ll I48/2

0 hear (16] 37/24 39/21 46/18 76/9 I26/l 126118 132/I4.132/18 69/I2 69/20 72/7 72/II 72/21 I48/7 I48!12 79/18 83/1797/2 97117 97/24 72/22 73/21 73/24 75/5 83/I3 84/3 impartially [1) 103/8 153/I3 I53118 153/I9 15717 100/4 118/1125/25 133/10 136/3 I57/II 166/4 86/7 86/7 89/24 90/18 I 00/I important [12) 11/3 Il/9 I8/22 138/1 163/23 himself[2) 90/9 I24/1 101/24 104/I8 I06/I6 I07/10 20/2I 57/12 63/5 115/20 120112

0 heard [7] 39/22 72/3 78/14 109/8 hire [1) 123/9 122/5122/8124117135/9 I07/11 108/19108/23112/15 115/8 129/19 135113 his [43] I6/l 42/6 42/7 42/8 42/10 121/2 121124 122/8 126/24 127/6 importantly [2] 74/20 133/21 hearing [6] 101/8 102/18 114/17 42114 42/20 42/20 42/20 43/21 impression (1) 79/1 127/23 130/13 130/14 130/20 167/19167/20 168/2 impressic:ms [2] 8/6 8/9 43/22 50114 52/11 53/I1 55/20 131/18 131/21 136/4 136/13

0 hearsay [I) 167/11 56/9 56/IO 68/I9 68/22 69/3 87/18 143/18 143/20 I44122 I49/12 incarcerated [1) 120/7 heart [2] 86/8 155/6 incarceration (2) 169/9 171/19 91/8 92/3 96/1 I 00/9 100/10 I50/12 154/2 157/2I 157/23 hearts [1) 155/6 100/12 101/9 102/24 105/14 115/9 159119 164/2i 165/I6 172110 incident (1] 168111 Heath [I) I 00/9 124/8126/11 138/11 140/20 Hudspeth [3) 62/6 93/21 136/14 incidents [1) 105/20

0 Heidick [I) 57/20 153/10 153/16162/25 166/3 166/9 huh (2I) 13/23 29/19 29/25 30/25 included [4) 172/6 172/13 172118 held [8) 1115 1/17 46/21 53/24 35/25 43/5 44/16 46/6 64/4 69/11 175/6 169/8 169/24 173/24 57/23 145125 146/6 147/18 includeds [1) 172/4 history (5) 29/6 2917 71123 75/23 70/18 71/4 73/22 74/16 95/25 Hello [4] 99/25 104118 157/21 131/4 141/15 146/18 147/1148/3 incriminate (2] 85/7 127/10 78/8

0 158/3 hit [1) 68/23 154/15 Incriminating [1) 85/5 help [9] 31/16 34/11 54/6 58/6 Incrimination (2] 82/13 82/14 hits (1] 147/19 human [2] 72114 151/8

_Q,·_

Demse C. Phillips, CSR ^{[0] [0]} - - - - - - - - - - - - - - - - - - - - - - 0 n

9 State v David Duane Greer 11/13112 Vol 3 150/1 152/8 152110 152113 152116 l•eep [13] 10111 42/3 66/3 70111 is (370]

I

72117 76/3 77/22 83/22 84/14 isn't [10] 13/22 16112 18/21 26/6 153/8 153115 154/12 155/16 60/21 118119 119/20 120/9 135/4 155/17155/21156/2 156/2 156/4 114/16114/17132/6133/20 0"--.. INDEX [2] 3/1 411 keeping (4] 14/1118/6 79/17 indicated [71 107/22 115/10 116/4 135/5 157/5 157/15 157/23 159/20

I60/I5 160/I8 I61/7 161/9 I6I/25 79/20

116/7 136/9150121 158/25 issue [12] 63/17 I 06/II III/6 II2118 122/25 I25/23 14115 I4I/6 162/I 165/13 165/22 167/9 167/18 Keith [1] 10717 indicating (1] 64/23

0 I67/24 168/3 168/15 169/4 I70/1 Kelling [6] 12/14 61/25 62110 indicted (1 I 160/23 147/12 157113 167/24 169/5 84/2 86/5 87/4 I72/4 172/14 173/14 173/23 indictment [9] 134/4 134/5 I34/8 issues (8] I02/22 13112 136/20 key [1] 70/1 137/22154/9 I70112 171/25 Judges [2] I73/12 173118 I34112 I34/15 134/18 160/21 keys [2] 36/22 47/19 judgment [5] 126/2 169/19 162/25 I63/l .173/23 kick [1) 21/18

0 170/11 170/22 170/24 indictments [1] 134/7 it'll [1] I7/13 kids [2) 110/25 132123 individual [3] 118/15 128116 it's [128] 7/6 7/16 9/6 10/8 13/12 JUDICIAL [I] 118 kill [2] 78/3 I24/9 13/22 1717 19/14 20/21 22/9 25/23 July[l]I00/11 I34/10 killed [2] 97/23 98/11 jump [2) I6/25 105/19 individually [1] 17/25 26/9 26114 29/10 29/23 30/7 30/8 30/11 31121 33/16 35/8 35/8 39/9 juror [28] 12/25 14/10 16/4 21111 kilo [3) 35/8 I32/JO 132/12 industry [I] 53/21

0 39/15 40/1 41/13 43/2 43/18 44/5 39115 69113 84/17 99/8 99/8 99/8 kind [46] 18/23 24/16 36/14 37/6 inevitably [1] 9/23 39/19 39/21 46/2 54/24 56/4 57/11 9919 9919 99119 111/17 112/11 influence [7] 89/12 92/14 106/14 45/5 46/1 46/3 4614 46/20 46/22 57/18 60/14 60/17 65/6 72/3 72/8 109117 150/8 152/18 156/19 47/9 47/16 47/16 48/17 49/3 49/6 II2/11 112/24 124/20 132/3 74/17 77/2 77/16 82/3 85/15 86/19 I36/l 0 136113 148/2 148/12 information [ 4) 5/21 5/25 6/4 6/9 50/8 50/20 52/7 53/9 54/22 56/10

0 150/14154/11I55/2 157/14158/5 92/1 10I/4 101110 110/24 116122 informations [I) 134/7 56/I6 56/17 57113 57/23 58/25 I17/15 120/10 132/18 137/24 injury [I) 115/3 59/3 59/20 60111 60/11 60/12 jurors [I6) 5/20 6/8 8/2 9/24 14118 141/8 147/11 147/19 155/25 10/24 88/23 96/24 114/7 114/8 innocence [3) 106/10 109/2 126/2 60/12 60/15 60/16 61/10 61/11 I38/18 139/23 139/24 142/5 149/5 162/22 163/4 163/7 164/25 165/1 innocent [I1) 22/25 23/1 23/2 66/20 68/15 68/16 70/22 71/25

0 167/11 169/16 170119 171/9172/3 158/25 162/5 72/19 72/2078113 84/14 86/9 72/3 72/14 77/4 77/19 79/5 82/5 kinds [2] 87/2 13118 93114 106117 1I6/8 82/5 82/7 82/7 83/25 85/21 91/18 jury [75] Ill I 5/14 6/1 6/7 6/10

6/14 6/14 6/20 7/2 7/9 7/14 7/18 Kleenex [2] 35/7 I32/I1 inside (4] 56/6 92/6 151/II 92/1 92/18 98/23 I 02/22 107/I7 110/7 115/9 116/22 I17/16 119/21 8/7 IOf9I1/12 13/22 15/3 17/11 knew [8] 35/12 35/12 37/4 37/13 151115

0 18/1 23/23 23/24 24/3 26/5 55/14 47/2 102/5 131/24131125 instance [1] 9/4 120/2 120112 12113 12114 121/7 know [151] 8/16 9/4 9/10 9/23 instead [I] 37/16 121/18 I22/12 122/20 I24/10 62/22 63/13 63114 63/15 63/18 63/20 63/23 64/2 64/19 65/4 71122 10/1011/8 12/1012111 12/13 instruct [2) 92/2 I52/14 125/10 125/17 127/20 130/14 71124 73/10 74/10 82/19 83/17 12/17 13/7 13/1013/1113/12 instructed [I) 153/18 130/15 133/14 133/17 133/19 13/14 16/10 16/11 16/15 16/16

(I u instruction (12) 89/17 92/5 92/12 134/9 134/9 136/10 136/12 13811'1 83/19 84/7 87/6 88/18 101110 16/18 17/1 20/20 22/14 35/8 35/23 I38114 152/21 152/22 154/11 139/5 141/7 144/15 144/21 145/2 110/13 118/12 118/18 122/6 36/14 37/23 38/3 38/6 38/9 38/10 155/3 155/20 155123 156/5 156/10 145/3 148/11 149/21 166/10 122/23 125/10 125/11 128/13 I68/24 169/6 170/8 170/13 170/21 128/14 135/25 136/10 136/16 39/12 40/9 40/12 41/8 43/17 44/1 instructions [5] 32/10 153/17 I62/19 164/4 164/6 136119 139/10 139/22 141/11 44/11 44113 44114 47/15 49113 172/1 172115 172/24 .

0 ' 142/16 146/20 148/10 156/11 52/21 54/10 54/11 56/7 57/15 instructor [1 I 141117 item [6) 44/4 45/16 50/5 145/3 instructs [6] 89/14 90/15 127/24 162/7 163/25 165/11 165/16 58/25 58/25 59/3 59/9 60/12 60/12 145/9 162/18 60/I6 60/i6 60/23 6113 64/11 65/8 152/8 155/16 156/2 items [3) 53/23 54/2 62/3 165/I8 I67/1 168/22 I68/23 instrument [1] 134/9 170113 17I/3 69/5 69/25 70/2 70/3 70/6 70/I2 its [I) 90/6

0 71/22 72/11 73/12 74110 76/7 instruments [1] I64/I9 itseJ{ f2l 50/5109/18 jury's [2] 64/22 65/3 Insurance [1) 20/12 just [104] 7/4 8/24 9/1 9/14 10/7 76/19 76/25 77/17 77/25 79/20

J

81/16 81/17 81118 81121 85/15 intend [1) 31/22 10/8 10/18 10/20 14/3 15/1 15/8 intent[!] 146/I6 _ j~£1•JI]_ls8m __ -- 16/15_16/18 17/10 23/21_30/22 .85/23 88/.4 89/20,90/8.9115.91117 -

--· 0 · inteilii0ill2D74J3174i4 · jacket [1] 166/13 3I/3 36/24 37/18 39/16 44/21 91/19 91/I9 92/I4 94/I5 96/10 9717 100/10 103/4 106/3 I06117 interest [1] 105/17 jade [1] 79/9 45/24 46/4 46/20 48/23 49/24 jail [1] 118/17 49/24 52/10 57 /I3 60/14 60/20 I08/23 II0/3 110/I4 112/2I interested [1] 37/9 interesting [4] 35/14 125110 James [1] 20/8 65/18 69/8 70/10 71/16 73/10 112/22 113/17 116/4 117/16

0 126/6 127/3 Jay [1) 139/16 85/23 86/20 88/7 89/11 9113 92/17 118115 II8/15 12115 122/11 interruption [1] 14/20 Jeffrey [1] II2/13 92/18 94/15 99/6 99/16 I 00/2 122!15 122/22 I22/25 123/24 interviewed [1] 139/21 job [6] 8/18 39/11 64/22 91/19 102/13 102/22 103/16 105/18 124/19 124/20 I25!18 126/10 intoxicated [1] 123/11 125/20 130/2 108/10 108123 109/6 109/25 110/8 I27/8 131/7 131/7 131/7 132/22 intoxication (1] 126/9 jobs [1] 91113 11I/25 112/22 115/10 116/22 133/5 133/17 133/19 I33/24 134/5

0 introduce [II 11120 joint [1) 86117 119/1 120/4 122/7 125/17 125118 135118 135/23 137/15 139/7 introduced [I] II4/25 joke [1] 85/25 125123 12717 128/16 131/15.135/5 140/14 I43/8 144/21 145/3 145/6 Jones [2] 2/1I 115/2 invading [1] 8/19 135/6 135/22 136/I? 138/7 I40/10 146/4 146/_5 I46/8 I49/7 149/7 invariably [1] I7/17 JP [1] 137/I8 I41/23 I43123 I46/2 I46/9 146/16 I62/2I I63/7 I67/4.167/JO 167/1 I

D jud-ge [90] Ill 7 5/1 I 8/20 9/2 I 0/8 148/23 151122 152/17 I54/3 154/7 167 /I2 169/5 169/11 170/4 I70/11 inventory [4] 166/I 0 I68/9 168/11 168114 11/22 14/7 15/17 17/14 17/23 18/6 157/15 157116 158/10 158/18 173/3 investigating [2) 20/22 211IO 24/8 25/5 25/7 25/II 25114 26/4 I58123 I59/2 I59/3 I63/3 165/2 knowing [6] 40/7 70/I6 157/16 involved [1] 21114 55/19 62/22 63/15 64/20 64/22 166/I I67/2 I67/13 I68/25 I69/16 158/8 I58/JO I58/I8

0 involving [2] 77/5 I48/I9 64/24 72/I 0 89/I4 89/I5 90/15 I70/I9170121 I7I/3 173/1 173/6 knowingly [4] 38/I4 39/I 132/2 iron [3] 120/20 I20121 I20/24 92/2 92/6 93/25 94/4 I 04/6 I 06/1 ^[1] iustice 141 II/3 II/9 I11I6 I37/I9 144/7 I07/15 111/6 II2/6 II3/II I13/18 K Ironically [I] I24/II knowledge [4] 61/16 82/5 82/6 IRS (I] 127/8 114/21 116/3 128/12 135/12 136/2 158/I?

0 136/3 136/9 138/9 138/23 143/4 Karen [I] 157/I9 Irvin [5] 32/3 32/14 32/I5 80121 known [3] 12/20 I2/23 38/2 162112 I43/6 144/11 144/23 148/4 149/10 Kathryn [1] 99/2I knows [7] 38/19 53/9 61/9 611IO _Q_ ... -------- .. Demse C. Ph1lhps, CSR 0

[l !0 State v David Duane Greer 11/13112 Vol 3 K Legislature [I] 23118 98/23105/10106/3 112119114/16 116/16119/1121/12124/10 1 - - - - - - - - - - -1 l e s s [3] 8114 97116 109/6 115/1 117113 118/20 125/16 125/16 125/23 128/8 128/15 knows ... [3] 70/22 70/24 70/24 lesser (4] 172/4 172/6 172/12 125/16 127/15 128/24 129/24 128/17 129/15 131/22 132/21 f.!K~r'""o_..e'e::.:.r1~11_1,_,6:.:.../1,_,8'-------i 172/18 134/2 142/13 138/21 140/10 145/20 154/17

L

let [39] 5/17 7/15 9/10 10110 14/2 live (1] 5917 159/3 1---------------1 14111 19/10 22/12 45/23 70/8 lives [1] 14817 makes [7] 22/1 74111 127115 ladies [8] 1118 11/13 14117 98/22 70/15 7617 77/23 77/23 82/21 living (3] 58/23 115/25 148/16 128/9 128/10 128/12 17317 162/4162117 164117165/14 82/21 86/18 86119100/15102/12 loan (1] 158/22 making (3] 79/14116/17153/10 lady (2] 143/25 15817 105/18 106/14 110/18 112/21 lock [1] 155/25 Malathi [1] 162/8 Lamb (2] 56/21 162/10 112/22 114/15115117 120/16 Locke [1] 20/8 man (2] 18/16.3217 land [1] 120/2 123/25 127/22 129/1 136/23 locks [1] 56/4 manage [2] 41/25 62/2 last (18] 5/19 18/13 18116 8117 137/12 141/22 145/18 151/22 long [29] 8/22 10/1 10/20 11/14 management [12] 29/16 32/21 81113 92/25 93/8 94/1 95/9 122/6 158/6 164/4 165/3 12/20 12/22 15/1916/17 17/3 33/3 36/3 37/2 44/6 47/1 49/4 139/15 139117 142/10 142/20 Jet's [53] 20/23 22/12 23/15 27/4 17/20 17/23 18/2120/16 21/20 51119 145/3 145/6 145/9 142/21 157/8 159/17 163/24 32117 33117 34110 35115 35/15 24/20 36/19 39/6 88/25 89/5 91116 manager [1] 149/19

0

late[4] 18119 67/23122/12165/6 35/1836/837/1642/246/1546/16 116/3124/21125/8125/18125/19 managerof[l] 149/19

later (20] 8/20 8/25 9/3 15/6 46/19 47/21 48/2 52/1 5211 52/19 127/21 139120 159/19 171/21 managing [I] 54/2 15/12 24/23 30/20 3115 40/11 94/8 55/4 5515 57/19 59/6 59/7 60110 longer [4] 32/25 98124 142113 Manchi [5] 38/15 38/16 38/17

n 94/15 94/22 94/23 95/6 95111 60110 70/9 70/10 70/11 70/12 164/14 38117 162/9 95/15 95/1696/14105/18 171120 71112 71120 72121 72124 75/19 look [17] 5/25 17/6 18/24 37/19 mansion [2] 52/15 53/7 Lavender [2] 51/5 89/24 76/6 76/8 78/3 89/13 99/19 101122 65/8 67/2 73113 79/10 81/24 84/18 manufactured [1] 130/15 law [85] 5/22 6/9 9/20 9/22 9/23 123/6 123/9 123123 124/3 127/19 86/14 88/15 92/6 93/18 98/20 many [12] 7/1 15/1 15/8 15/11 10/110/110/4 10/7 10/9 16/25 134/2 134/3 134/15 142117 162/2 102/21 161123 22/14 72/7 72/11 72/22 72/22

0 22/11 22/14 22/15 22/16 23/7 Jetting [2] 14/6 141/25 looked [4] 5/20 5/22 38/10 66/7 125/11 139/25 142114 23/24 24/4 25/12 25/21 39/4 39/4 level [19] 64/11 91/24 98/20 looking (3] 10/24 79/17 166/7 map (1] 163/4 39113 62/2162/25 63/12 64/9 67/9 117/20 118/3 118/6 118/21 119/3 looks (3] 35/8 40/9 146/14 Marc [2] 140/18 140/22 67/11 67/19 67/23 73/24 76/16 119/4 119/13 119/16 119/18 lord (4] 36/23 52/12 52/12 55/22 marijuana [5] 131/5 131/13

0 76/21 78/1283/18 87/6 87/11 119/22 120/3 120/13 121/5 124/15 Lorynn (1] 162/8 131113 131116132/1 88/22 89/4 89/18 90/11 94/11 135/24 151/8 lot (33] 13/21 13/21 17/20 39/11 Marilyn [2] 35/17 35/18 94118 95/1996/13 96/24 100/9 levels [1] 63/8 39/12 39/18 39/20 41114 43/17 Marisa [1] 162/9 100/16 10Dn2 101/5 105/3 105/24 liability [1] 38/14 45/24 53/23 60/5 65/17 65/20 marriage [1] 50120

0 106/17115/4 11517 118/1 122/14 liberty (1] 1]0/9 68/16 83/21 85/21 86/3 91114 94/3 married [1] 48/4 122/17127123 127/24 128/25 license (1] 5617 95/19 96/10110/23 123/8 126/13 Mart [1] 136/25 135/25 136/4 136/4 136/6 138/6 life [7] 8/5 8/6 11/6 88/17 120/8 129/1 12917 130/1 130/3 130/5 Masterson (2] 32/23 80125 138/9 138/22 138/23 141/9 144/12 161/10 170/23 131/5 139/2144/4 material (1] 48/19 144/23 145/1 145/15 146/5 148/1 light (3] 82/5 144/4 148/14 loud (1] 105/13 Mathis [1] 35/17

0 149/4 152111 153/11 155/3 156/11 like (88] 6/2 6/8 6/23 7/9 7/22 9/2 louder (1] 62/25 Matt [1] 112/13 163/21163123 171/6 11/11 !1/1417/2 17/1418/24 loved (3] 11/1127/215116 matters (1] 100/10 laws (2] 9/20 9/24 18/25 19/1 2115 22/4 22/5 24/8 loves (1] 127/1 maximum (1] 161/14 lawyer (10] 10/21 85/1 85/24 91/8 29/15 35/8 35/10 38/10 39/15 lower [2] 150/25 151/1 may [39] 9/22 14/24 79/6 84/22

0 91/9133/25135/13150/15154/4 39/2240/840/940/2543/1743/18 Lucas [1] 162/11 84/2486/487/39112092/4105/17 157/25 45/24 46/1 49113 56/4 56/6 56/8 Luis (1] 162/11 107/13 118/15 121/20 121122 lawyer's (2] 5/22 10/15 56/16 57/11 58123 59/21 59/25 lunch (3] 15/5 115/18164/9 124/22 125/24 126/24 127/6130/3 lawyering [1] 135/5 __ 60{Z_60lLL65D9_66/5.66/20_68/18 luxund11 83/25 - -- -- - -1301-19-130/l-9-136/20-1-39/8-139/8 - - Envyers-(14I 5;i58T151!/:2,f9i18 6915 70/15 72/3 73110 77/25 78/1 M

140/6 140/6 14017 150/25 151124 10/7 11/13 11/18 14/2 20/13 24/19 79/5 85/22 86/14 87/2 92/1 92/12 152/2 152/5 152/6 157/7 158/25 24/19 141122142114163/1 94/21 10114 101/17 101124 102/17 ma'am [32] 13/916/8 16/14 16/20 159/1 167/10 168/18 170/15 lead [1] 85111 102/21 109/8 110/8 110/25 113/1 28/12 33/9 35/16 58117 62/5 65/22 175113

D least [9] 80/16 136/15 145/19 119/9 123/18 123/22 127/7 128/19 84/23 85/4 86/10 88/10 9219 93/2 maybe (15] 7/4 14/22 17/25 46/25 152/19 164/9 169/8 169123 170/3 131/15 139/5 144/13 145/23 93/11 93/20 93/24 94/20 94/23 110/6 116/4 118/18 118/19 125/17 171/18 145/25 146/14 148/4 148/17 95/16 97/6 97/19 98/16 99/14 126/6 127/15 128/17 148/23 leave (19] 14/16 35/19 35/19 148/18 149/11 158/21 158/25 99/20 10113 155/15 15617 157/2 148/23 149/16 35/20 36/2 56/9 99/4 104114 164111 164113 164/25 166/20 159/10 Mclntrye [1] 56/2

0 I 05/15 I 06123 I 08/8 111116 likely (2] 119/11 136/15 machine [1] 1119 Mcintyre (4] 55/6 55/8 I 08/17 117/19127/17 140/13 142/6 limine [2] 173/22173/24 Madam [1] 111/15 108/19 142/10 156/24 165/3 limit [1] 167/12 made [11] 18/12_ 18/14 18/18 meal [1] 149/23 leaving [4] 19/4 36/6 56/8 62/2 limited [1] 47/15 18/19 56/9 63/6 63/6 132/18 140/1 mean [33] 8/1119/22 27/5 27/16

0 LEE [2] 2/5104116 limits [I] 105114 161/21 166/8 27/16 28/1 28/14 33/9 39/16 39/25 left (11] 7/13 8/2 25/24 120/17 line [1] 65/7 magical [1] 125/9 45/15 47/3 49/10 60/6 74/1 77/4 120/17 120/24 123/12 136/11 list [3] 6/24 7/11 7/13 main [2] 2/11 19/14 78/3 79/6 79/9 92/18 93113 106/16 139/8 139/8 141/12 listed (1] 170/24 make [55] 6/2 8/6 8/14 10/21 109/4 110/22 128/19 135/5 135/20

0 leftovers [2] 6/15 6/17 listen [1] 103/8 11/11 11/15 16/4 16121 17/24 25/4 135/22 146/8 149/15 158/18 167/9 legal [7] 7/217/22 29/14 61117 lists [2] 142/15 159/14 37/6 3811 39/9 44/15 64/13 64/14 172/16 118/1 134/6 159/2 literally (1] 40/2 64/17 64/25 66118 69/10 70/4 70/5 means [6] 23116 23/16 28/21 29/9 legally (10] 29114 35/14 46/4 little [30] 5115 8/17 14/23 20/14 71/5 74114 74/15 74/25 75/21 77/6 56/6 78/4

0

53/25 56/19 6115 61/8 61/11 66/10 35/15 36/22 60/9 62/25 77/6 78/8 81/24 82/20 87/17 93112 93/18 media [3] 126113 126117 12711

112/24 79110 85114 85/20 90112 90/13 95118 95/20109/8 109/19 110/3 medicine (1] 102/23

rr' DenJse C. Phillips, CSR -bJ---- 0

n 11 State v David Duane Greer 11113/12 Vol 3 Nieto [2] 30/24 162/8 57/12 131/6 133/9 148112 much [8] 14115 93/8 9417 98/19

M

99/12 I 06/25 111/20 162/16 night [1] 18/19 mother [1] 48/25 no [711] multiple (2] 56/25 131118 member (4] 66/3 81/18 15116 motion [2] 160/23 168/1 No. (3] 1/3 58/18 99/20 municipal [1] 126/15 15117 motions [2] 161123 173/22 No. I (I] 99/20 murder [9] 6917 6917 69/9 73/11 mental [I] 102/22 mouth [1] 46/19 No. 12-03324-CRF-272 [1] 113 124/11 124112 124/14 139/11 mentioned (3] 99/23 10114 106/5 move [2] 71113 153/8

0 No. 54 [I] 58/18 mentioning[!] 167114 movie [2] 52/2 52115 139117 nobody [4] 42/21 88/15 88/19 must [3) 8212 I17/4 156/11 mess [I] 11/13 movies [1] 120/23 88/19 meth (4] 36/22 36/23 37/3 38/8 MR [111] 11123 12/12 12/13 mutual [2] 12/18 50120

u nodding [2] 17/4 31/16 mY-[71] 6/1912/213/15 17/4 25/5 methamphetamine (8] 35/21 36/4. 12114 1211612/25 13/613/11 Nods (9] 27/9 59/13 71110 74/8 13/12 15/16 16/15 2115 22/2 22/24 27/5 30111 30115 33/24 36/6 36/25 36/9 36/13 37117 37/22169/20 75/4 121116 128/6129/21 130/8 24/8· 28/17 28/25 29/2 31124 32/3 37/19 39/11 4118 41/9 41/25 45/10 171/4 none (1] 12917 47/17 54/22 57/19 59/20 60/2 60/3 Miami (4] 52/9 52/10 52/16 53/8 32114 32115 32/17 32/18 32/23 nonrefundable [3] 18/15 18/25 Miao [4] 5417 54/8 54/15 55/9 33/18 33/18 33/19 34/5 36/15 61/2 64/20 65/9 65/14 68/2 69/6

0 38/12 38/18 38/23 41/5 42/2 42/22 6916 70/17 70/20 79/8 79/9 80/11 19/4 Miao's [1) 55/4 noon [6] 14/24 15/2 15/9 15112 81118 81/20 8217 82/21 86/8 86/12 Michael [1) 104/16 4317 5115 55/6 55/8 55/12 55115 164/8 164/8 56/2 56/12 56/21 57/8 58/6 58/10 86/14 90/10 93/13 100/8 100/9 middle [I) 164/5 6114 6115 61/25 62/10 62/12 62/12 100/19 100/20 105/16 108/2 nope (1] 22/5 might [28] 8/II 8/13 9/8 18/10 norm [1) 7/8 62113 62/24 64/6 64/21 68/2 6917 108/11 115/1 115/18 115/24 67/3 67/8 8517 85/19 86/25 9117

0 normally (2] 71121 139/3 91/19 93/1493/18 93/18 106/10 69/12 69/19 69/22 70/9 70113 71/6 120123 122/9 123/21 133/22 134/22 140/6 145/24 146/2 148/9 Nos (1] 142/8 12112 126/5127/10 131118 132120 7118 7119 7119 72/18 74/20 74/21 not [259] 75/22 77/11 80/4 8017 80/11 80/21 148/23 151/5 151/8 154/22 155/22 133/3 137/25 145/23 146/20 158/22165/6 175/13 note [I] 164/18 150123 154/9 164115 173/6 80/23 80125 81114 82/22 82/24

0 notes (3] 164/19 164/21 164/22 83/13 84/2 86/5 87/4 87/23 89/24 myself[8] 17/5 22/8 65/9 83/24 million (2] 60/8 78/8 nothing (13] 24/20 39/19 65/20 90/1 90/4 90/18 92/10 95/1 96/15 94/4 109/20 115/1 154/17 Millions (1) 119/12 66/9 72115 74/13 86/9 98/3 98/12 mind [13) 46/20 46/25 47/5 54/3 98/3 9817 98/12 104/18 106/23 N 149/17 156/17 164/I6 165/13 6315 72/17 79117 79/20 90/10 107/9 108/19 114/22 126/1 129/11

0 132/3 133/22 150/15 15217 160/3 name [16] 5/22 6/23 12/2 35/16 notice [3) 110/2 114/6 125/22 102/18 103111 121/3 158/12 40/15 54/6 82/25 96/1 99/2 100/9 noticed [2] 67/3 67/8 mine [7] 45/12 46/3 46/4 82/5 161122

100/10 115/1 126/9 136/13 137/16 notion [7] 40119 43/4 44/21 47/23 8217 141/13 173/6 Mr. [15] 12/8 12/9 12/17 19/25 42/3 57/5 62/11 87/23 92/23 95110 162/6 48/3 49/11 83/9 minimum [2) 133/20 171113 names [3] 5/21 7/12 162/5 November [4] 1/14 3/2 4/2 5/2

D minute [I3] 14/3 23/15 23/15 107/6 107/17 108/14 112/16 Nancy [1] 153/25 now [74] 6/11 7/2 7/1617/1 22/16 46/16 65/6 70/14 71121 98/25 99/5 116113 22/24 2317 24119 25/21 26/4 29/17 99111 113/22 141/23 142/16 narcotics [1] 130/19 Mr. Arias [1] 92/23 natural (4] 72/14 77/19 83/24 29/21 30/5 3118 32/6 33/2 33/14 minutes [9] 15/5 17/24 93/23 Mr. Cessna [1] 62/11 98/24 142112 159/19 159/21 91/23 39/10 4118 52/19 56/18 57/10 6114

0 Mr. David [1] 12/8 nature [3] 118/5 133/15 170114 63114 64/15 64/21 67/15 67/24 164/14 164116 Mr. Earl [1] 12/9 misdemeanor (1] 112/23 Mr. Greer [2) 12/17 116113 nearest[1]37/17 71114 71118 72/17 72/18 7411 neat [1] 67/14 74/23 76/1 76/2 78/10 78/13 81123 miss [1) 125/23 Mr. Holt [I] 107/6 necessarily [7] 19/3 69!15 110/24 83/21 87/5 91116 94/3 97/9 99/8 missed [5] 16/IO 97/5 97/20 123/2 Mr. Parker [3] 87/23 107/17

D 129/14132/22 148/22 170118 103/19 107/14 109/13 116/11 125124 108114 mistake [I] 18/12 necessary [I] 119117 120/1 122/11 123/1 12817 130/11 Mr. Pfitzer (1) 42/3. need [41] 7117 7118 8116 9/1 9/9 132113 134/23 137119137/23 mistakes [1] 129/16 Mr. Schlechte [1] 19/25

_ Mr:._Smith [1)_5_7/5 ___________ 9/9_1008_13112 14/11.30/20 38/6 __ _ 138/13-143/10.143/12 143113- - mi~t~el!!_t;.~ [~]_ 20~91_16 0 66/25 94/15 94/16 94118 96113 mistreatment [1) 9/14 151/13 152/23 164/4 165/15 Mr. Watson [2] 95/10 112/16 9917 I 05/18 I 08/23 109/10 110/13 165/20 168/20 169/5 169118 171/5 mistrial [2] 5/23 122/20 Ms [72] 15/18 2717 27119 28113 116112 118/8 118/8 120/J 122/25 mistrials (1] 5119 29/17 30/24 31116 31118 31118 171/24 173/1 173114 122/25 137/8 13811 142117 147/23 number [15] 7112 7/16 10114 misunderstood (1] 78/25 31119 33/6 34/11 34/15 38/15

0 mixed [I] 7317 155/16 158117 159113 159/19 I 0/17 32113 54/15 56/16 56/20 38117 38/23 38/23 39/22 40/15 159/25 165/1165/4 169/14 169118 58/17 87/22 93/9 12317 140/20 moment [1] 31/9 43/10 43/20 44/17 45/2 46/17 Monday [3) 72/24 73/13 148110 170/15 140121142/10 47/12 47/13 47/21 47/22 47/24 month [1] 119/13 49/10 50122 51113 54/6 54/15 55/4 needed [1] 102/11 numbered [2] 1116 17517 55/9 5611 57/11 57/19 57120 58113 'needs (2] 118/4 11817

0 Montoya (2] 55/12 55/15 numbers Ill 55/13 mood (3] I 00/11 100/12 I 02/23 58/20 58/21 59/15 6116 62/6 65/12 negative [I] 94111 0 Nelson [6] 42/17 9111 91112 92/13 Moore [7] 32/18 47/22 47/24 65/22 66/19 66/23 81/2 88/10' 49/10 80/23 88/10 111/13 137/12 153/25 I o'c!ock [2) 18/5 1817 89/21 90114 90/22 91/1 91112 oath [11) 67/4 67,/8 67/11 67/18 moral [3] 61/1 7 146/4 159/1 nervous [2) 18/20 85115 92i13 93/21 95/14 95/17 113118

0 122/14 125/5 128/20 129/6 135/19 more [26] 14/23 16/13 22/14 38/6 113/20 131/1 136/24 137112 never [8) 22/23 22/23 49/1 83/17 49115 50117 50123 51110 51118 143/18 143/23 157/21 158/3 158/6 106/3 149/23 166/23 167/6 156/15 160/1 object [6] 25/15 26/4 5711 133/15 74/20 90/12 90113 95113 9617 new [2] 7412 9118 158/6 97116 104/25 112/19 115/1 119111 Ms. (5] 40/18 42/17 68/10 94/24 news [2] 17/17 126116 134/1 167112

0 130/3 131/6133/21 139/2 147114 next [13) 17/5 18/16 18117 19/1 objection [8) 25/5 25117 27/3 141114 153/16 171/!0 5817 63/16 73118 86117 8911 89/5 160116 16717 169/17 170/2 170125 Ms. Cox (1) 94/24 124/2 135/21 162/24 objections [3] 133/13 161/24 morning [12] 11124 1112512/2 Ms. Defrancesco [1] 68110 161/25 14/12 14/18 14/24 18/3 18/5 16417 nice [2] 14217 162114 Ms. Henry [I] 141/14

0 objective (1] 12/25 164/12170121 174/8 Ms. Nelson [I] 42117 Nichols [I] 95114 most [8] 12/24 14/18 14/23 17/13 niece [2) 140117 140/22 obligation (4] 61/17 61/17159/1 Ms. Steckman [I] 40118

.. Denise C. Phillips, CSR -0--------~· 0

D 12 State v David Duane Greer 11/13/12

I44113 I45/24 I50/7 I5I/6 I52/I7 I8/9 22/23 26/IO 32/7 32/2I 33/I4 PD [1] I67/6

f-0 _________ __, I53/16 156/1 157/8 158/25 159117 34/17 36/3 36/20 37/2 39/7 44/4 peace [3) 71/19 126/20 137/19 [}. obligation ... [1) 159/2 164/11 171/3 174/5 44/6 47/1 49/4 52117 52/24 53/6 peeves [1) !08/11 obviously [11] 19118 76/7 98/2 one-on-one [3] 98/25 99/3 142/13 57/11 61/16 67/16 67/17 67/22 pen [9) 30/14 30/15 31/4 31/7 117/25 119/18 128/8 138/11 ones [5) 6116 57/19 68/2 80111 68/24 76/15 84/9 9211 I15/20 32/I9 33113 33/24 45/9 45/10 140125 169/6 I71/20 174/4 82/22 120123 122/21 129/24 I36/11 Penal [1) 25/22

0 occasion [1] I53/17 only [22) 21112 25/5 25/11 47/9 143/24 143/25 158/7 162/18 penitentiary [2) 25/24 26115 occur[1) 122/19 47/176311763/1763/2064/23 163/14165/5165/6 people[28) 6/116/157/15 ll/11 occurred [1] I75/7 64/23 74/9 95/20 115114 I I5/I4 overrule [1) 27/3 11/14 22/I5 34/6 34/6 34/6.39/I2 off[24] .5/17 .. 6123 7/13 I 11I4 I I 6/8120/IO I4717 I-55/15 I67/1 overview [2) I63/4 163/6 · 39/20 47/1949/2550/17 50/17 2I/I8 25/4 30/I4 40/10 75/22 167/24 I69/4 173/23 own [23] 46/22 47/3 48/6 54/15 56/25 62/3 88/19 99/7 110/23 80/16 81/1283/22 96/7 96125 Oops [1) 5717 57/14 57/25 58/5 59110 60115 122/7 131110 I311I8 136/9 136119 97115 118/23 120/25 121/1 I22/23 open [3] 86/25 131/16 175/7 61110 65/19 66/21 68/6 69/15 90/6 143/7 I47/18 173/12 124/I I42124 I65/25 171110 opening [2) I6311 163/3 128/9 130/9 130/10 I30/19 146/2 people's [2) 56/7 78/2

0 I73/20 operation [2] 53/I 53/10 146/25 148/24 174/1 percent [5) 63/10 119/10 119/1 I Off-the-record [3) I42/24 I65/25 opinion [1] I02/8 owned [4] 56/I7 65/11 144/7 I 19/14 I26/3 I73/20 opinions [1] 67/13 144114 perfectly [2] 72/14 83/24 offender [2) 72/4 72/6 opportunity [3] I I5/I5 I63/4 owner [3) 134/20 147/8 158/23 perhaps [1] 15I/3 offense [24] 23/23 24/3 24/I 0 I63/12 ownership [13) 28/21 28/24 29/11 period [9] 36/19 39/6 63/I 9 66/2

0 24/14 26/9 26/1 I 38/20 39/8 71/I8 opposed [2) I5/4 32115 54/12 54114 57/12 57/17 129/25 66116 82/17 92/4 120/22 160/4 7I/25 72/4 73/25 74/2 76/24 78/I2 opted [1) 64/22 130/5 130/6 130/24 I45/20 147/2 permit [1) I73/8 78/22 7912481125 86/21 II7/2 option [5] I5/415/I4 I23/1 owns 141 55/2 56119 68/21 137/20 person [45] 16/11 16112 24/13 121/7 I61/8166/19 169/6 127/17 170/9 24/13 39/16 40/3 40/20,44/22

0 order [4] 36117 I62/2I 169/22 p offenses [2] 66/14 71/24 50/24 5I/11 51118 53/22 64117 offer [5] I60/12 160/22 160/24 173/14 p.m [1] 125/10 66110 7211 7215 76/25 82/16 84118 I61/3 161/4 · organization [1] 53/11 Pacino [4] 52/7 53/7 53/8 53/20 117/3118/7118/17118/1812116 offered [1] 175110 original [1] 77/5 pads [1] 164/18 123/10 126/5 128/4 130/21 131125

0 offering [1] 166/25 other [56] 6/7 6/8 6/25 8/12 8115 page [6] 3/3 4/3 162/18 162/20 134/17134/24135/23 136/15 offers [1] I60/7 9/I I 9119 I 1/5 I5/4 21/I7 32115 162/20 I64/5 137/23 137/24 138/2 138117 office [15] 12/3 21/2 21/5 21/9 43116 46/IO 47119 59/23 7II12 Page 4 [1] 162/20 144/14 144/15 145/8 145/10 I02/16 113/4 113/5 137/6 139113 71123 75/20 84/13 84/21 86/23 paid [2] 175112 175/12 145/13 150/21 150/24 151/1

0 I39/I5 I40/I6 140/18 140/25 87/1 96/5 96/8 97116 100/21 I03/6 paid/will [1] 175/12 personal [12]6/6 94/9 144/3 14I/I 14I/4 I05112 I 14110114/12 117/21 panel [13] 5/3 6/2 26/5 99/13 144/5 146/2I47/15 148/6148/6 officer[19] 91129115 36/24 37/17 121/17 I22/20 I31/2113I/24 I14/5 I39/2139/22140/11142/23 148/24149/6149/11149/12 37/18 73/7 96/2197/9 97/15 97/22 I31125 133/13 136/23 137/9 158/5 I62/3 162/15 162/18 personally [7] 10/4 1112 39113 98111 10II14 105/13 118/4 118/7 138/18 141110 144/15 150/1 panic [1] 164/25 82/7 100/7 100/8 148/15

0 I29/3 I29/5 I29/10 134/20 150/25 153/2 156/1 I58/25 164/4 paper [2] 13/22 134/8 persuade [1] 16411 officers [4] 96/6 103/5 139118 167/24 169/4 I69/17 1711I6 par [1] 7/5 pet [1] 108/11 I66/7 I73112 I73/22 174/5 I75/6 paragraph [1] I711I7 Pfitzer [6] 42/3 62/12 62/13 92/IO Official [4] 1/22 I75/4 I75/I3 others [1] I32/23 paragraphs [2] I6119 I70/24 I50/IO 150/15

0 175/I7 otherwise [3] 15/7 31/I5 130/13 paralegal [1] 13/I7 phase [12] 63116 63/17 63/I7 often [3] 83/I6 91/I7 I06/2 Otis [5] I23/20 I23/2I I23/23 paralegals [1] 16/1 63/19 64/6 71/21 116/10 16119 Oh [14] 12/I6 20/23 2114 31/15 I23/24 124/3 pardon [1] 14/19 163/18 163/20163/24 164/22 40/22 48116 71/8 78115 87/21 ought.[l].J60/13 __ ~-- _ _ __ _ _ parked~(2) .. Al/13-42/2Q __ - phases-[-1-]-63/1-3 -- ------- -- -- ---

0 . 93h1139724147/IOI6-8JJ5 our [18) 8/5 IO/I I 1 I/9 I7/24 Parker [8) 56/12 62112 87/23 Phillips [5) 1/22 10/12 175/4 I73/IO 2112 21/5 2I/9 67110 86/I6 I02/16 87/23 I07/7 I07/9 I07/17 I08/14 175/I5 175116 ol<ay [362] I23/8 I24/I3 I40/IO I48/6 I48/6 parking [2] 4I/13 43/22 phone [1] 5/I8 old [5) 8/8 8/8 8/9 23/18 60/22 154/24 I66/IO I74/I parole [11) 24/23 25/2 25/4 25/8 phones [2) 5/17 5/20

0 older [2] 100/8 100/I9 ours [2] 17/20 119/13 25/24 26/6 26/8 26/16 26119 26/20 physically [5) 40/20 44/22 47/25 oldest [1] I00/9 out [51] 6119 6/22 IO/I7 I2/10 26/22 53/23 68/7 once [7] 64/5 67/17 67/2I 72/IO I5/3 25/24 35/2 35/23 411I3 52/I7 part [12] I8/14 25/25 42/I5 52/25 physician [1] 51123 I22/I2 I2817163/I8 55/I3 6I/2 63115 67124 68/22 72/9 60/I7 60/24 64/I7 70/4 I21/I3 pick[9) 6/I4 6/14 6/15 7117 2717 one [90] 6/78112 8114 I0/2 10/3 72112 79/2I 79/22 I01123 I05115 146115 I55/25 I63/8 61/6116/20 I52/1 I62/I8

0 I0/4 II/2 I5/25 I611I I8/2I 21122 115/18 II5/2I II611 II6/12 participation [2) 98/I9 98/20 picked [1) I22/6 22/6 24/I2 2611 2717 29113 29116 1 I6/13 I20/16 I23/I2 125/24 particular [5) 6110 64115 64/2I picking [2) 55/14 139110 34/I2 35/8 39/IO 40/12 47/I7 I29/5 I30/4 132/23 I34113 I36117 79113 I5II18 pickup [2] .43/23 I05/I3 49119 50123 51/I8 62/I5 63/i4 I38/25 I39/8 I39/9 I39/20 I40/13 parties [4] 11/20 1111I5 175/6 piece [1) 134/8

0 63/2I 64/2 67/9 68/2 7I/20 71122 I4I/I2 I42/9 I42/IO I42/19 I75/10 pieces [1) I63/5 7I/24 73/6 76/2 77/15 80/10 82/21 I42/21 146/9 149/1 I 153/5 159118 partners [1] I24/13 pink [1) 134/9 85/3 85/9 86/23 90/9 90/I2 95/13 I60/13 I62/6 I68/13 party [1] 45/16 pipes [1] I05/I3 98/25 98/25 99/3 99/3 99/I5 outline [1] 24/16 party's [1] 45/15 place [9] 52/I7 59/21 60/I I

0 IOI/I4 I0314105/20 I07/4 I08/11 outrage [1) 78/2 pass [I] 45/20 120/23 123/I3 I23/13 I24/5 II0/6III/25I14/24I17/23 outside[14]6/4I8/999/I99/6 past[5]8/5I8/II90/89I/5I44/4 I42/I9142/2I I22/I9 I23/I5 124/4 I24/I3 I25/3 99/7 99114 I05114 I I I/3 I27/8 · Pat [1] I I5/8 places [1) I73/8 I26/5 I29/I I29/8 I30/5 I31/I5 I42/17 I50/2 I59/7 I59/13 I68/2I path [1) I I/4 plane [2] I8/15 I8/25

0 I38/IO 139/24 140/14 I41/IO over [48] 5/I5 5/I9 6/3 IO/I I Patricia [1) 99/2I planted [1] 36/25 I41/17 I42113 142113 143/11 II/13 11/18 I4/19 17/1817/18 paying [1] 59/20 play [4) 8/7 8/10113/8149/12

_Q: ______________________ _ Dentse C. Phillips, CSR - - - - - - - ' - - - - - - - - - 0 0

13 State v David Duane Greer 11/13/12 Vol 3 63120 78110 78/25 81123 87/5 23/9 23/16 76/23 78119 84/4 potential [1) 169/5 p 87/11 87/20 92/1 92119 103/4 117114117/20118/4118/7118/21 pre [1) 160110 105/2 109/1 129/2 137/7 140/5 119/3 119/5 119114 119116 119/1.8 player [1) 134/22 precisely [1) 77/21 152117155/16156/9 156118 119/22 120/2 120/3 120113 12115 playing [1) 133/14 predicate (1) 133/15 124/15 135/24 15111 158/10 plea [1) 162/25 prefer [1) 95/4 questioning [2) 7/23 8/23 proper [1) 133/14 please [7) 5/25 8115 88117 95111 prejudiced [1) 9115

0 questions [33) 5116 6/13 6118 114/18 142/9 162/6 prejudicial [1) 170/6 properly (1] 64112 8113 10/14 14/23 16/24 21118 property [7] 47/2 54/2 57/14 plenty [1) 159/20 preparation [1) 175/11

59120 65/11 66/20 144/7 39110 71113 80112 85/17 9112 pocket [8) 39/23 43/19 4611 70117 preponderance [4) 118/9 119/3 101/2 107/14 107116 109/22 70/21 70/23 144115 166113 120/4 122/1 · prosecute (2] 130/14 13118

u 109/24 111122 112/25 136/5 presence [3] 86/8 168/21 168/23 prosecuted [4] 102/16 102/19 point [34) 11/17 21122 21123 143122 147/14 150/1 150116 22/11 35114 36/20 37/1 37/9 37/21 present [4] 5/9 85/24 86/14 103/12 166/23 151/12 153/2 153113 154/5 154/7 38/20 39/8 40/6 45/8 45/23 66/16 163/10 prosecuting [2] 26/21 91116 15811 158/5 168/18 prosecution [9] 116/4 116/21 67/2 67/12 67/23 68/25 70/9 70/20 presentation (1] 163/9 quick [1] 17/8

0 79114 79114 81122 115/11 115/14 presented [ 1] 106/16 130/1 139/11 143/21150/19 154/8 quiet [5] 57/19 68/2 80/11 82122 117/15 118/19 132/21 140/6 presenting [I] 17/6 167/3 167/5 9111 141117 15115 166117 172/4 Prosecution's [1] 116/11 presents [1] 86/15 prosecutor [22] 12/2 73/11 louite f1l 17/20 pointed [1] 63115 Presiding [I] Ill 7 police [2I] 9112 9112 9115 16119 pressure [2] 17/19 164/24 103/10107/13 107/20 110/9

R

114/25 115/10 116/7 117/16 86113 9615 96/16 96/23 97115 presumed [2] 72/18 78/13 racial [1] 141/8 97/22 100/7 1 0 1123 I 0 1124 1 02/8 pretty [11] 6116 17/8 103/25 122/13 125/20 12717 127/14 raise [5] 7/2 15/9 115/24 123/1 104/3 10611 108/20 117/23 119/20 128/12 131115 13717 139/12 103/5 105113 113/2 129/3 129/5 165/2 139/14 140/4 140/7 14511 129/9 134/20 136121171/25 17211

0

raised (1] 115/5

policy (2] 36/7 168/16 previous [2] 42/5 172/7 prosecutor's [2] 140/3 158/4 range [7] 62122 63/1 143113 portion [ 1) 18/4 pt·eviously [6] 73/25 76/25 79/3 prosecutors [3] 140/14 173/12 143/14 159/17 159/18 161110 portions [4] 25/12 52/4 52/5 80117 81/11 86/23 173/18 ranges [2] 64/9 64/10 175/5 protect [1] 169/1 primarily [2] 201!0 115/4

0 ransacked [1] 148/9 position [6] 59/17 77118 91125 prior [13] 64116 74/10 74/22 protection [I] 82/11 rather [7] 7/8 8/20 8/21 15/1 15/8 I 08/1 108/3 148117 78/22 79/25 106/9 109/1 13 Ill 0 proud [1] 11110 15/11 115/21 possess [27] 27/16 28/1 33/24 150/9 150/22 153110160/21171/2 prove [29] 23/17 23/22 23/22 24/3 ratting [1] 61/2 34/4 34/4 34/6 36/13 36/17 36118 priors (2] 173/25 174/5 24/11 24/12 63/18 63/21 72/1 72/2

0 Reach (1] 132/5 38/19 39/7 40/19 4114 44/22 47/24 prison [4] 25/1 25/1 26/6 161111 72/5 76/8 76/23 7911 79/23 81125 reached (1] 64/6 48/13 48/18 48/19 49/22 49/23 90/10 117/3 123/9 123/12 123/15 privacy (1] 8/19 reaction [2] 78/2 89112 50/24 54111 13212 145/7 171115 124/4 134114 145/7 169/7 169/14 private [2] 8/18 112/19 read [6] 162/19 162/25 163/22 171116 172115 privately (2] 104/23 104/25 169/18 171/7 171/8 164/4 164/6 164/15 possessed [6) 24115 38/14 53/23 probable (3] J 18/6 118/6 118/9 proved [3] 110/17 135/7 135/8

0 reads [1] 25/23 58/4 144/7 144/16 probably (27] 1112 12/23 12/24 proven [13] 23/3 23/4 47/11 70/5 ready (5] 5/9 5/11 99/1 114/2 possessing [18] 29/20 30/4 31/7 14110 18/8 18/19 37/2147/8 60/21 76/12 76/13 106/18 125/4 126/22 170121 31/13 31/20 32/6 32/7 32/19 32/25 88113 90/7 115/24 116/5 121/24 127/4 134/23 144/6 147/8 real [1()] 13/19 18/6 19112 80111 36114 37/22 39/8 40/2 46/21 57/24 122/1 123/21 136/16 137/3 142/12 proves [1] 46/25

0 86/19 86/24 87/5 9111 127/21 74/23 82/2 147/19 143110 148111 152/4 160/12 165/5 psychologically [1] 9116 131/1 possession [104] 5/6 24/9 24117 165/6 169114 172/9 public [6] 86/1 123/13 123/13 reality [1] 92/17 24/21 25/3 27/5 27115 28/1 28113 probation [6) 25/6 25/8 25/21 124/5 126/8 127/12

.. ~~1?1 'fJI9?9i1"J. f9~L~ 3_2UQ ______ _25/2<t25/25.1611.14._ -- --- ·--- pull[1]- 65/9- - - . ----·-- -- --· . -- realize-[1]--1113 --- - - - · 0 33115 33/21 33/23 34/3 34117 35/5 problem [12] 10/2 10/3 10/4 14/5 punishment [15] 62/22 63/2 63/3 really [15] 60/5 60/23 66/17 67/9 67/9 82/22 92/6 94/6 100/7 125/20 35115 36/9 36/19 37110 39/5 39/21 14/6 48/22 80119108/22 117/10 64/7 64/8 64/9 64/10 64113 64/20 4119 41121 42/9 42/13 42114 42/21 131113 139/1 154/16 126/11 129/22 135/8 149/9 173/3 64/24 65/4 116110160/12 161/8 reason [16] 7/21 7/22 34/23 34/24 43/3 4411 44/3 47116 47118 47/20 problems [9] I 00/16 106/6 122/15 161/10

D 48/21 49/12 50/6 50/14 50118 44110 64/10 67/10 74/9 82120 122/18 126/12 130122 131/2 14111 pure [1] 6/8 50/21 52/21 53/1 53/11 53/25 84/21 85/23 90116 126/17 138/15 144/18 purpose [3] 89/17 140/lO 155119 13911 166/6 54/14 54/18 55/15 56/5 56110 procedural [1] 167/10 purposes [4] 77/21 78110 154/14 56115 56/17 56/25 57/1 59/3 60/2 procedure (1] 134/5 reasonable (25] 23110 23/24 167/1 63/22 76/11 76/14 90/11 110117 61/11 61/21 62/21 66/6 68/7 68/8 proceed (1] 162/21 purse [13] 30/1 30/2 30/4 35119 68/19 69/3 6914 6916 69114 70/7 117/3 117/17 118/3 118/8 118/22 proceedings (9] 1/11 1115 1/18 35/20 35/22 36/6 37/19 39/23 70/16 70/20 71/1 71113 _71/15 119/23 119/25 12116 123/10 14/9 25/19 27/1 142/4 175/6 175/9 40/11 131/21132/1 132119 124/23 125/4 126/23 127/4 134123 7411181/20110119117/9129/25 pryces~ [3] 5114 17112 17/22 put [21] 10/22 35/22 40/6 40110 130/2 13017 130/11 130121 130125 Proctor (1] I 05/11 135124 145/8 15111 168/4 42/19.46/19 56/4 79/22 90/7

0 131118 131122 144/16 145/2 reasons (4] 86/4 87/2 122/23 produce(l] 172111 132/19 147/2 148/16 148119 145/20146/7146/19 147/4 147/7 professor [6] 13115 13/16 15/19 137/24 149/15 159/22 163/11 163114 147118 148/21 157115 158/10 rebuttal (2] 163/14 163/15 15/22 28/6 29/2 163/15 169/22 169/25 173/6 158112 158l15 158/19 169/20 promise [17] 74/20 74/20 74/21 Q recall [1] 106/7

0 171/3 75/1 75/21 80115 87112 87/12 receive [1] 6/3 possessions [2] 69/3 145/24 qualifies [1] 171121 received (1] 169/21 87117 98/9 98/10149110149/15 possibility [3] 91/20 122/18 qualify (1] 26/2 recent (1] 97/25 152/10 156/2 156/4 156/21 161113 promising [3) 77/10 77/10 77111 question [34] 6/21 14/25 17/2 recess [3] 114/1 142125 174/9

0 reconstruction [1] 20/6 possible (4) 6/9 6/22 34/5 51/3 promotes (1) 90112 17/4 17/10 21119 21121 34/3 34/21 record [17] Ill 10115 104/7 possibly [3] 47/17 151/19 157/9 proof [27] 11/19 22119 22/22 23/8 37/9 47/15 48/17 54113 63/18

' .. Demse C. Phillips, CSR -D ------------------------- O n

14 State v David Duane Greer 11113112 Vol 3 R 113/14142/23150/515317159/11 45/15 47113 47/18 52/152/153/14 send [1) 65/14 1--------------l 160/18 165/18 5917 60/17 62121 62/25 63/6 64/12 Sending [1) 52/17 record ... [14) 113/16 113/18 retirement [1) 169/23 70/10 70/12 70/13 72/24 76/8 sense [22] 22/1 25/4 37/6 39/9 D 142/24 153/9 159123 165/24 return [6] 32111 106/24 108/9 76/22 77/19 80/8 82/1 83/10 83/25 44/15 48/19 64113 64/14 64/25 165/25167/1169/1173119173/20 111/1714217156/25 84/1886/2588/1288/2391/3 66/1869/1070/470/571/574/14 175/7175/9175/11 revocation [I) 170/14 93/18 97/2 97/8 97/17100/10 74/15 82/20 88/17128/17131/22

O recording [I) 160/19 revolves [1) 39/2 103/16106/1 109/3 112/6123/6 147/1717317 recover [1] 165/3 rid (2) 37/4 37/14 123/9 123/23 124/3 125/8 129/13 sent [1) 124/13 red (I) 35/20 right [298) 129/19 134/3 134/15 136/13 144/1 sentence [3) 161/14 169/21171/4 redact[!) 171/2 rights[3)107/21124/17135/15 151/2151/12151/25 153/14 separate[4) 110/24110/25

0 redacting [I) 171/1 road [1) 163/4 154121 15517 155/9 155/11 155/12 149/11 167/20 referring [I) 145/2 Robert [3) 162/8 162/9 162/10 158/21 170/19 Sergeant [2) 95/22 96/2 reflect [1) 153110 Robertson [I) 115/9 saying [19) 42/8 42/13 46/18 serious [1) 10/24 reflects [1) 175/9 role [2) 113/8 149/12 49/11 49/22 69/5 88/16 88/19 seriously [1) 135/19 refrigerator [2) 49/13 49116 room [9) 58/24 60/3 6017 74/3 88/20 88/21 89/1 89/11 106/17 serve [9) 6/16 7/1 7/1 717 7/9 7/24

0 refused (1] 167/2 74/6131/17146/8160113 165/16 1381714611147/615117156/17 110/13112/24141111 regard [1) 170/20 roommate (10] 58/24 59/18 6112 173117 service [1) 6/10 regards (1) 72/21 81/19 13112 131/21 131124 144/5 says [16) 5/8 5/10 37/18 57/17 serving [1) 6/19 Regent [1) 115/7 147/16 148115 65/2 65/8 66/20 8118 82/15 83/18 set [4) 12111 124112 124/12

0 register [1) 72/4 roommate's [2) 131120 158/9 85/2 88/16 88/22 134/18 151/11 132/18 reiterate [1) 94/3 roommates [2) 58/23 131/12 156/11 setting [1] 112119 rejected [1) 161/4 row [32] 32/17 34/10 42/3 55/5 SBOT [3] 2/4 2/5 2/10 settled [1] 139/25 related [1) 109/5 69/20 74/18 74/18 74119 74/19 Scar [1) 52/2 several [1] 16113

0 relationship [I) 15/22 75/20 77/9 81/4 8117 81113 87/17 scenario [6] 37/20 61/8 66/1 sex [2) 72/4 72/6 relationships [1) 96/9 87/20 90/24 92/22 92/25 93/8 66/12 68/19 151/10 sexual [1) 78/1 relative [1) 1 Ill 94/17 94/25 95/1 9517 95/8 95/9 scenarios [2) 77/16 148/5 shadow [1) 23/12 relay (1] 6/6 129/9 129/11 136/12 136/16 scene [I] 101/23 share [2] 5114 59/10

D release [4) 24/22 26/13 26/14 142/20 142/22 schedule (1] 18/23 shared [1) 148/16 26115 rule [7] 85/25 122/8 122/11 Scheduling [1) 17/8 shares [1] 91/24 released [1) 162115 152/24 153/1 154/10 167/22 Scheduling-wise [1) 17/8 Sharon [1] 111113 relevant [I] 25/13 rules [5] 133/14 151114 151114 Schlechte [2) 19/25 2116 she [44] 10/16 10/22 31/7 33/2

0 remain [3] 6/8 32/10 9917 151122 164/20 Schlitter [3) 27/23 27/25 44/24 33/3 33/15 33/20 33/22 33/23 34/3 Remaining (1] 162/15 run [2] 136117142/12 school [5] 22/13 22/13 11517 34/4 37/16 37118 37/21 38/14 remember [2] 143/25 146/24 running [3) 52/8 53/10 105/16 115/9 127116 38/19 38/19 40/8 40/10 40/11 remote (1) 48/20 rush [1] 115/20 science [1] 83/7 40/12 40/25 55/9 56/18 6119 6119 removed [1) 62/3 RYAN [13] 2/4 12/2 22/21 23/6 scintilla [2) 118/1 172/11 61110 61/11 61116 61116 61/23

0 render [2) 67/19 105/20 23/22 39/12 63/21 65/8 65/19 70/5 screen [1) 49/18 62/1 73/21 93/14 93/18 100/12 rent [1) 59/20 71117 75/22 83/21 SEAL [1] 175/13 100/13 100/14 120123 120/23

S

repetitive [1) 17/21 search [6] 166/1016817 168/9 121/3 146/8 158/6 158/7 reported [2] 1/18 175/8 168/11 168/11 168/14 she'd [1) 38/14

D reporter [6) 1/22 10/11 10/16 Sadly [1) 36/10 seat [3] 99/5 136/11 162/6 she's [10) 21114 3217 38/1 38/20 114/15 17514 175/17 said [40] 16/11 17/14 18/15 18/16 seated [2) 5/3 18/1 56/18 61/10 61/15 61/21 73/23 REPORTER'S-[4) 1/1175/7 24/829/1529/1741/1948/23 seats[1) 125/22 114/16 17_?!? 1_?_?1_1_!___ -~ _ _ _ .2!Ll~J419 60llUYJQ 62/ll __ . _ second.[12] 21119.21/20 30/.12 _ - shifting[2]-84/8 89/6- ---

0 represent [1) 9/21 63/12 72/10 73/21 82/6 87/2 92/13 45/16 75/20 87/20 91/11 95/1 95/7 shifts [1] 22/23 represented (I] 160/3 92/18 94/4105/15110/2110/9 99/6129/11153/12 shocked [1] 16/11 requested [2] 114/15 175/6 117/18 117/18 122/6122/13 security [2) 88/18 129/12 short [3] 114/1 125/18 142/25 requesting [1) 167/19 126/19131/15 135/12 135/14 see [41] 10/16 10/2010/21 10/22 shot [4) 69/9 97/23 139/5 139/6

0 require [3) 76/16 76/23 148/2 139/24 140/21144/3 148/4 150/7 31116 53/9 53/24 66/1 89/3 101112 should [18] 9/17 10/6 14/18 18/19 required [7] 23/24 24/3 63/24 151113 153/16 114/12114/24 118/14 118/25 40/8 40/12 48/12 65/4 68/24 78/18 64/2 162119168116 174/6 same [29] 10/3 24113 34/6 34/7 119/1 119/16 121/2 122/15 124/16 85/25 86/9 87/25 87/25 I 10/6 requires (6] 2211187/6 88/22 42/7 50/18 50/18 50/24 50/24 53/1 124/18126/24127/6130/18 114/9114/10140/5 89/4 96/24 149/4 57/1 57/1 59/16 69/21 73/1 73/3 130/20 131118 131/21 132/21 shouldn't [5) 45/6 46113 58/5 reseated [2] 114/5 162/3 75/21 87/20 97/1 98/20 102/19 135/16 137/12 140/20 142/17 114/13 115/24 resisting [1) 101115 103/5 121118 124/9124/12 124/15 154/24 158/6 165/17170/9 17113 show [13] 7/3 15/1015/13 22/17 respect [2) 102/16 103/8 125/3 130/4 132/12 172/3 172/10 173/21 173/24 174/7 84/10 89/7 94/17 115/23 123/4

s:eelng [1) 61/3 respective [3] 9/21 11120 175110 Sarah [l] _162/10 123/5 123/25 132/25 165/16 response [1] 72/14 sat [2) 9/25 132/15 seems [1] 2217 showing (1] 162/14 responsibility [2) 46/8 46/12 satisfy [1) 169/22 seen [2] 52/2 133/16 shows [5] 22/14 22/15 23/8 54/1 responsible (8] 46/21 52/16 53/25 sausage [2) 137/20137/21 select [1] 115/3 133/16 57/24 68/24145/25 146/6147/18 saw [5) 23/13 95112101/11 selected [4] 116/2124/20154/11 Shut [2] 85/2 91120

0 rest [14) 7/618/24 25/6 77/9 81/4 132/14 132/20 155/2 shy [1] 13/12 90/24 92/22 9517 99/4 9911 I say [86] 8119 9/1 10/8 10/13 10/13 selection [4] 5/14 17111 55/14 sick [1) 65/14 113113 134/22 142/11 162113 12/22 20/2 27110 28/20 28/24 63/14 side [20] 6/25 8/12 8/14 9/20 restaurant [I] 149/21 29/10 31/1 31119 32/5 32/21 33/20 self[2) 82/12 127/10 10/17 11120 14/22 56/15 56/15

0 rests (1] 163/17 34/8 34/9 34/15 35/18 36/8 37/16 self-incriminate (1] 127/10 65/14 88/4 118/24 133/13 133/13 retired [10) 99113 103/22 11114 39/12 40/15 40/23 43/11 44/5 selling [3] 52/18 52/22 53/12 139/11 163/17 164/1 165/10 Denise C. Phillips, CSR

-0~---~-----~-----------

------------~-------~----

u 0

15 State v David Duane Greer 11/13112 Vol 3 stomach [I] 65/14 s 39/14 39115 40/1 40/6 40/10 40/19 speed [2] 72/23 115/19 stop [12] 97/22 100/15 II8/5 43/18 43/22 45/7 45/9 45/21 45/25 speeding [8] 72/25 73/1 73/3 73/5 46/5 46/20 46/25 47/6 47/10 47/24 73/6 73/8 73/10 73112 136/20 I64/8 165/2 I66/2 I66/6 side ... [2) 165/21 I73/22 I66/8 168/3 168/5 I68/6 side-by-side [1] 56/15 57113 57/23 59/7 65110 65/15 68/6 spells (1] 134/13 spend [3] 94/2 12911 130/3 stopped [2] 105114 106/2 sides [10] 9/21 10/25 14121 68/22 68/23 68124 69/14 71/17 store [2] 16/19 137/5 100/25 109/7 133/18 137/10 73/25 77/25 78/3 84/7 84/22 85/5 spent [1] 130/1

0 story [1] 73/3 140/11 159/4 163/25 85/7 85/23 86/4 87/3 87/25 91/12 split [1] 30/12 spouse (1] 86/14 Stove [1] 120/19 sign [1] 88/16 94110 94/12 118/23 124/9 144/6 straight [2] 47/22 131/1 I square [1] 45/23 silence [1) 82119 146/15 148/16 158122 straightforward [1] 172/2 stage [3] 162/23 162/24 163/2 similar [1) 817 · somebody's [3) 81/10 128/1 I

0 strangers (2] 94/6 94/7 simple [1) 24/20 148/20 stages [2) 162/22 164/3 stand [12) 83/23 84/15 84/19 strategic [1] 126/25 simply [6) 75/23 76/24 79/24 somehow [2) 54/1 98/10 strategy [1] 12717 80/17 82/1 88/22 someone [8] 6/22 9/7 I 117 37/10 87/24 91/15 91/18 101115 102/13 street [8] l/23 2/6 2/11 11/15 since [3] 99/16 126/12 171/10 66/1 66/6 102/22 147/7 127113 128/8 129/4 129/6 standard [3] 119/15 120/2121/18 52/20130/17 130/18 175/18

0 sing [2) 126/18 127/2 someone's [1) 62/21 streets [2] 118/20 1 I 8/24 singer [1) 126/1 I something [78] 6/22 8/7 8/17 9/17 Standifer [2] 25/17 26/4 stress [1) 164/25 16/216/418/1719/11 19/1819/19 standing [3] 10/15 36/24 52/20 singing [1) 126/19 27/16 28/2 28/15 28/16 35/5 35/15 standpoint [I] 140/3 Strickman [1) 33/6 single [2) 133/5 139/22 strike [7] 6/23 7/12 7/21 136/21 sir [65] I 1/21 12/1 I 14/13 28/19 start [15) 18/3 18/4 75/19 75/22 36/17 39/1 39/5 40/2 40/19 43/2

0 142/15 153/9 159/14 32/13 34/1841/12 41/15 41/18 43/23 44/22 45/6 46/1 46/21 4 7/24 76/24 80/16 87/4 96/6 96/25 97/15 41122 42/4 65/23 69/20 77/8 80/6 56/8 57/24 62/1 5 62/18 68/6 68/22 128/8 135/18 136/11 163/5 164/7 strikes [6] 8/I 17/25 136/17 136/18 136/18 161121 8116 81/14 82/25 83/6 90/19 92/24 69/14 70/2 71/13 71125 76/21 77/5 started [2) 113/19 113/23 strong [3) 82/22 90/1 141/9 95/1 95/10 95/12 96115 98/18 starting [2) 81/7 81/11 84/10 86/25 88/8 89/2 89/7 92/5

0 Structural [1) 83/7 99/18 99/25 1 04/19 106123 107/11 94/2 94/4 94/13 94/16 99/23 starts [1) 5/23 109/23 110/1 110/20 112/1 112/2 102117 104/22 120/17 123/2 125/9 state [38] 1/6 2/3 5/4 5/8 5/9 9/16 struggle [1] 90/6 stuck [3) 59/23 82/4 82/6 112/15 I 12/17 112/20 113/24 128/16 130/9 133/15 133/17 11118 14/19 19/4 22/23 23/19 student [1] 141/13 I I 3/25 114/3 114/20 13114 132/4 133/23 134/21 139/8 139/8 140/7 63/18 76/13 76/22 76/24 78/18 79/23 81/11 81/25 84/3 89/3 97/22 stuff[9) 17118 24/21 59/21 60/8 137111 137/14 137117 142/2 140/8 145/7 146/6 147/19 148/8 117/9122/6135/7 135/10 170/15 145116 150/12 152/8 152/15 148/18 151/5 151/7 151/11 151/12 101/2 105/9 105/21 120/I3 126/22 134/10 134/11 134/11 135/20 styled [1) 17 5/7 152/25 153/3 153/4 154/6 159/24 158/17 159/22 164115 I 60/5 160/9 160117 160/20 16115 something's [1) 43/1 162/24 163/9 163/12 163/13 subconscious, [2] 150/8 151/8

0 subconsciously [3) 8/9 89/20 172/5 173/5 sometimes [17) 7/18 8/9 77/24 163/22 175/1 175/4 sit[5) 11115 99/17 132114 139/6 110/25 1I8/15 118/16129/7129/7 statement [5) 42/5 84/13 156/9 92113 submitted [1] I67/5 141121 129/16 133/2 136/21 139/2I 156/14 156/15 sits [3) 22/23 72/18 78/13 163/16 164112 164112 164/14 statements [4] 156/8 156/9 163/2 subsequently [1] 161/2

0 substance [1) 58/24 sitting [5) 52/15 53/7 71114 170112 163/3 132113 164/16 somewhat (1) 88113 states [4) 82110 119/13 120/1 such [2] 141110 144113 sudden [1) 7411 situation [10) 2119 58/23 62/2 somewhere [6) 7/8 17/15 18/5 134/11 62/3 86/12 138/20 146/9 148/15 40/7115/21171/16 Station [3) 95/23 95/24 137/5 Suite [2) 1123 2/6 155/1 165/2 sum [1] 164/1 son [11] 97/8 97114 100/9 100116 stationed [1) 97/11

0 situations [2) I7 /2 13I/1 0 101/4 101/5 101/16 101124 102/16 statute [1) 171117 Sunday [1] 148/9 Super [2) I37/3 137/4 six (2] 17/5 47/18 102/19103/12 stay [10) 99/1 I03/2I I13/I2 sleep [2] 123/25 !241! song [1j 126/19 124/20 125/8 125/19 150/2 150/3 Supernaw [l] i26i9 _ sons.[3) J00/8-100/20 100/21 .. -153/5-159/8--· .. - supervision·[?] -26/2H69/9 . ~ll<!i!!g_[l)_ 1_15/_19_ -- .

- -- • +•. 169/24171/917l/111711I9 slinging [I) 52/20 soon (3] I5/4 37/4 I16/I stays [1] 23/1 slip [1) 110/4 Ste [1) I75/18 I7112I sore [2] I 0/20 70/I4 slope [1) 135/19 sorry [10] 32/14 47113 57/7 62/1 steal [I) 69/6 supply [1] 164/18 Slovak [4) 28/17 36/15 62/24 64/6 66/24 71/9 93/25 97/24 147/10 supposed [8) 34/25 35/4 35/I 0 steals (1] 68/22 smaller (2) 9417 I 30/16 147/22 Steckman [7] 33/7 33/8 40/15 37113 67/2 8I/17 81119 97/8 Smart [1] 5/20 40/16 40/17 40118 81/2 suppression [2) 167/19 168/2 sort[8) 48/7 48/8 116/22 117116 Smith [9) 28/25 29/2 57/5 57/8 130/3 139/4 144/13 151125 stenotype [1) 1/18 sur [1) 163/I5 6I/5 96/15 129/II 132/3 162/9 sure [26) 6/210/IO I0/22 36/7 soul [1] 65/9 step [1 0) 48/2 89/I 89/5 I 05/15 smoke [2] 79/6 I3I/I2 sounds (2) 119/9 I22/9 11I/2 117/I5 I50/2 153/5 159/7 37/11 47/19 50/22 61/4 77115 79/7 society [1] 81/I8 81122 81122 84/I6 84/20 87/9 space [I) 148/16 I62/6 some [49) 6112 8/8 10/4 I6/25 92116 92/2I 119/II25123 132/18 Sparks (3] 12/I5 12/16 13/6 steps [I) 37/14 17/25 27/5 35/21 57/10 70/12 stick [2] 22/5 II6/9 .I40/l0 148/25159/3159/5I6I/l7 sp~11k [7] 5/14 7l/l8 88/4 90/9 70/13 75/23 9I/24 98/25 I07113 93/I5 9511 I 10119 still (32] I8/I7 19/II 26/I9 26/20 I70/3

0 107/ii I 14/7II5/3 I 15/19 120/7 speal<er (1] 86/7 26/22 26/24 31/I9 32/20 32/21 suspicion (1] 118/3 120122 12118 I25/22 126/12 speaking [4) 9/6 22/8 92/14 42/8 43125 53/24 56/I 0 6615 6817 suspicious [3] 88/13 I25/16 168/5 127/22128/25 130/4 131/2 13112 127/12 107/25 109/8 109/8 124/5 128/5 sworn [2] 122/13 155/3 133/3 134/6 136/20 136/23 137/22 specialize [1) I I 5/3 130/21131112 135/6138/l 140/8 system [7] 6/17 11/4 11112 I 1113

0 !37/24 13911142/13 148/17 specialized [I] 173/18 145/25 160119 169110 17119I7119 56/18 67/10 117/18 150/15 154/4154/9 158/1160/4 specific [8) 21/24 23/21 24/11 171120 173/9

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164/18 167/10 168118 168/21 6016 79118 120/15 127/23 129/2 stipulate [3) 103/24 104/2 169/11 170114 17!/9I7l/I9 table [1] 131/17 specifically [4] 23/17 64/I 0 stole (4] 30/15 134/I8 I34/24

0 somebody [57] 11/2 16/12 I8114 take [51] 10/12 15/5 15/12 17/3 153/18 160/10 135/9 21/10 23112 24/25 35/6 36/25 specifics [I] 92/15 stolen [3] 86/13 86/16 134/22 17113 17/20 18/21 21120 35/9 Demse C. Phillips, CSR ^{[0] [0]}

· - - - - - - - - - - - - - - - - - - - - - - - - ------~------------------ n

16

State v David Duane Greer 11/13112 Vol 3 133/23 134/18 136/1 136/6 136/21 there's [45) 7/19 14/11 16112 18/9 test [1) 115116

T

25/6 36/23 39/19 39/20 47118 60/8 testified [2) 128/2 150/24 138/19 138119 140/10 141/5 D- testifies [3) 134/20 134/21 134/21 144110 147/11 149/3 149/3 149/9 6119 63/8 65/20 67110 68/16 72114 take ... [42) 35/11 35/21 36/2 37/14 45/2146/8 46/12 46/14 48/2 testify [44) 82/17 83/9 83/19 84/8 149/14 151/16 152/15 156/14 77118 78/7 79/6 79/21 79/21 79/24 84/22 86/4 86/24 87/3 87/8 87/18 160/15 161/20 163/2 163/21 165/8 80/17 81/10 86/3 87/2 88/16 89/11 52/19 56/5 67/8 67/18 70/14 8911 167/16 170/17 171/1 171/23 173/2 91114 94/15 100/6 116/23 122/24 8911 89/5 99/5 99/11 99/19 103/18 88/25 89/15 89/16 92/4 96/6 123/2 127/20 131/5 145/6151/11 111/3 113113 113/22 115/11 107/23 111/7 126/5 126/15 126/16 173/17 156/17 16017 167/9 168113 169/17 the decision [I] 109117 119117 122/13 124113 128/7 126/18 126/21 127/1 127/21 170/23 I71/14 130/10 13314 135/19 142112 137/23 137/25 138/4 138113 their [43) 5/20 8/18 9/2I 11/20 l39/l9150/8-150/20 150/21 151/2 39/15 39/1640/2 40/340/2040/20 therefore [2) 481:23 153/22 142/16 I44!1 164/8 164/19 164/22 4111 43/19 43/19 46/1 46/2 58/24 these [20) 6/11 8/1 11111 24/10 165/19 169/18 173/9 173/9 151/17 152/10 152118 152/23 154/13 155/8 155/18 156/3 156/13 59/19 65/11 66/5 6616 76/22 84/24 24/10 27/5 29113 63/21 64/2 76/8 taken [I) 67/10 100/14 126/22 127/4 131/11132/1 87/1 99/1 120/11 124/16 127/22 takes [5) 37/18 124/21 125/8 156/19174/4 132/1 133/3 134/19 142/15 144115 127/24 13118 152/1 162/19 164/4 128/20 129/6 testifying [4) 9/13 85/2 128/8 they [160) 5/22 617 6/13 6115 6/15

0 taking [1) 38/8 144/16 149/6 163/1 163/3 163/10 151110 163/17 164/1 164/1 166/5 168116 6/21 6/23 7/11 7/12 7/12 7/21 7/22 talk [53] 8/20 8/21 8/23 9/2 9/2 testimony [4] 129/19 139/18 8/12 8115 8/17 8/18 9/20 9/21 I 0/7 14/22 17/1417/16 17/25 20/23 151118 168/8 168/25 11119 17/18 18/15 23/12 23/20 23114 23/15 27/4 39/11 45/4 46119 theirs [3) 17/19 46/22 47/3 TEXAS [22) l/6 1/7 l/17 1/22 25/I 25/3 25/24 32/5 37/I2 37/13 71/12 71/20 76/6 85/16 86/l 87/2I l/23 2/7 2/I2 5/4 5/8 23/20 24/I 8 them [45) IO/IO 22/I9 42/19

0 29114 96/19 115/6 134/11 134/12 43/19 4611 47/25 53/24 53/25 37/13 37/13 37/14 39/21 39/21 89/13 94/1 94/16 9411 8 94/23 95/5 163/22175/1 175/4 175/16 175/18 53/25 55/14 57/12 58/4 58/4 58/5 41/22 43/17 46/22 47/2 47/2 47/3 95/6 96/13 99/2 99/16 I 01122 102112116114117/13118/512711 59/10 59/10 59111 60/2 66/4 66110 54/1 57114 57/15 57/24 59/7 59/8 175/19 than [24) 8114 22/15 46/10 50/17 76/23 82/I9 84/25 91/20 96/6 9617 5919 6012 60/3 62/16 63/23 65111 127/18 127119129/24 130/5 133/7

0 134/2 136/8139123 139/23 140/8 96/10 102/12 103/7 105/5 I05/20 65/11 65/18 66/2 66/3 66/4 68/7 50/23 51110 51/18 59/23 85/22 1I4/4114/8118/23 121/10 12IIl1 69/14 69/24 69/25 70/6 70/6 70/7 142/13 142/17 143/15 157/8 9617 96/8 97/16 lJ 4/12 119/11 159113 I26/6 138/18 141/4 147/9 149/6 78/8 82/16 82/18 84/7 84119 85/23 124/3 I3116 137/9139/2 15111 86/15 86116 97/2 97 /I7 100/13 talked [14) 1011 57/11 84/3 86/2 I53116 164/14 I7l/10 I7l/I6 162/2 166/7 168/13 I68/14

D 92/1 ll4/8 128/24 128/25 133/12 themselves [1) 85/22 101/7 101/8 101110 10II15 101/24 174/5 137/914)/7143/24 154/8 169/IO thank [41) 6/II1I/17 11/22 then [72] 5115 I0/2I I0/22 I5/6 10I/25I02/I I02/2 102/9 I02/I1 talking [40] I4/21 i7111 25/12 I4114 I5/I7I6/8 28/12 30/I8 77/8 I7/23 I8/l 25/2 25/I4 38/I4 39/1 I 02/13 I 03/1 I 03/1 II 0117 117/2 I I 7/23 118/9 118117 I20/17 25/20 36/15 37/7 37115 44/5 50/I 92/9 93/20 94/24 97119 98/16 40/7 40/I 0 44/1 45/6 46/I5 46116

0 50/4 50/5 56/I6 59/11 65/6 65118 4711147/17 47/17 47/19 64/6 70/7 12I/15 I23/9 I23!10 I23!1 I 98118 98/21 99/12 99/17 103/14 66/12 66/18 68/6 70/10 70/11 I03/18 I04/20 106/24 107/1 70/25 81/20 88/7 88/25 89/5 90/8 I 23/12 123/12 123/14 124/4 71/15 78/23 82/3 85/14 85115 95/3 99/6I00/13 102/15 110/13 ll0/18 125/25 126/1 127/4 128/1 128/1 108112 108/14 111/2 111/20 98/24 I 00/3 120/5 120/6 120/8 114/21139/24 140/23 141121 ll4/15 115/6 118/17 121/17 128/2 128/7 128/8 129114 130/2

0- 121/4 121/7133/8 133/9 14!/9 122/l 0 122/18 122/20 122/25 130114 131/7 13311 133/2 134/4 149/22 149/24 152/15 155114 147/12147/17 149/4 150119 156/7 157/2 157113 159/10 162/14 130115 133/4 133/15 134/22 134/13 134/17 134/17 134/19 Tarleton [1) I 05/9 136/11 137/4 137/5 137/6 138/13 134119 134/22 134/23 135/5 135/7 162/16 tase[1]102/11 thanks [2) 30/22 154/3 138/20 139/6 140/4 142/14 142/I6 135/7 135/15 136118 139/5 139/23 tased [2) 100/17 101/4 143115 145/9 145112 146/20 140/25 144/7 144/7 144114 144/16 that [960) TDC [1) 161/3 That'll [1) 159/20 148/10 158/9 160/24 161/8 161/10 145/7 145/12 145/25 14717 149/5 teach [4) 28/8 29/5 83/6 134/5 149/5 158/22 163/5 163/6 163/10 that's [163) 7/4 7/10 7/21 7/22 163/1163/ll 163113 163/14 teacher [1) 137113 10/14 14/7 14/8 15/15 15/23 17/4 163/24 164/9 167/16 168/7 163/13 163/15 I 64/14 166/4 166/8 _ !t;s_~cl!lities_[JLJ~4/JJJ5/14 _____ _ 17 /U J 8/23.22!1 0.22/1 D-22/15 --- theory-[l)-122/.10-- ----- --·· --- -166/19 166/2-1-166/23--167/4 167/5 ·

135115 168/13 168/25 172/25 22/15 23/13 24/16 24/16 25/10 there [108] 6/3 6/20 12/10 15/21 technicality [2) 135/5 135/9 25117 28/24 3!/25 32/2 34/14 17/1 17115 18/6 18/24 21/8 3!/19 they'll [1) 6/23 technically [2] 62/20 66/6 they're [31] 6112 6/18 8/3 8/4 38/11 39/1 39/4 39/4 39/16 40/3 32/7 35/20 35/21 35/23 36/24 teenager [1) 105/8 43/24 45/7 45/8 45114 45/25 47/24 38/23 40/10 53/10 57118 58115 8/18 9/19 2511 25/2 41/9 41/20

0 Telephone [3) 2/7 2/12 175/19 48/8 48/21 5112 54/13 54/24 56/24 58116 58/25 60/9 60112 60/12 41/20 41/24 42/7 42/8 42110 42114 television [1) 123/23 57/16 59/6 59/11 61/7 65/3 65118 61/11 63113 65/2 65/6 66/14 71/14 42/20 54/1 56115 57114 74/1 74/13 tell [32) 6/20 9/17 I 0/6 21/22 66/11 66/16 66/16 66/17 6711 67/2 71/14 75/19 77/1 77114 77/20 78/4 91124 118/I 9 127121 128117 25/20 33/1 35/2 52/6 7611 82/9 67/9 67113 69/5 70/1 70/4 70117 77/20 79/6 79121 79/22 81/7 81/8 131/12 135/16 167/12 168/16

0 83/21 91114 91/20 99/16 99/24 70/20 71/16 71/16 72/13 73/20 83/23 86/24 90/11 93/13 94/16 they've [3) 76/11 76112 78/4 100/24 104/11 115/l 122/25 127/2 73/23 74/11 76/2 76/6 77/21 78/4 95/9 95/13 96/20 96/22 97113 thing [23j I 0/6 21/22 34/6 50118 128/5 128/20 I29/4 129/6 129/10 79/6 79/11 79/11 79/12 79/12 99/17 100/15 101123 104/22 113/7 50/24 60/22 67/4 67/17 67/25 129/14 138/18 145/18 152/24 79/18 7_9/19 81/4_Q 81!23 82/3 114/9 114/10 115/21 116/1 0 72/16 73/1 94/1 I 0115 I 02/22 156/16161/23 171/5 83/18 83/24 84/20 86118 8811 116/12 116113 120/I6 122110 122/21 131/16 139/25 14118 146/4

0 telling [6) 84/9 89/6 91/8 128/11 124121 125/8 125/19 125/24 148/24151/16167/11 17!/6 88/15 88/20 88/25 89/4 92117 128/16 128/18 92/21 93/17 93119 I 00/4 100/16 126116 126/17 127118 129/5 132/7 things [27) 8113 23/22 24/11 ten [10) 25/2136/18 136/18 103/14 104/6 108/2 108/10 110/21 132/20 132/23 133/5 136/5 136/20 29/16 39/11 44/3 44/14 44/15 136/18 136/18 142116 159/19 111/10 112/23 113/ll ll5/7 137/3 137/3 137118 138110 138/25 49112 49/13 51119 52/8 67/9 76/2

0 159/21 161114 164/13 116/24 117 /I 117/8 117/23 118/2 141/5 141112 142/14 145/3 146/16 76/3 7811 89/12 115119 115/20 ten-minute [1) 142/16 148/5 149/23 150118 151/4 151/17 117/21118/5120/11130/4138/10 118/3 118/4 118/4 119/3 ll9115 tend [I) 91/7 119/16 119/16 119/20 120/12 151117 153112 158/24 160/22 164/16 168/3 170/14 tendency [1) !07/22 121111 121/13 122/8 123/8 123/22 16113 161113 162/22 164/20 think [168) 7/16 10/7 1112 ]4110

0 terminated [2) 36/20 39/6 125/7 125115 126119 127117 167/10 168/14 168115 168/18 18/8 18110 21114 21/25 22/5 27/20 terms [4) 22/8 22/9 22/9 66117 127123 129114 131/9 133/8 133/9 171/25 172/12 2811 28/13 28/19 28/21 29/8 31115

.. Demse C. Phillips, CSR 17 J State v David Duane Greer 11113112 Vol 3 66/1 100/8 100/22 108/25 114/17 102/15 102/25 103/3 106/5 108112 19/4 19/6 73/5 73/9 116/5 165/6

T

truck [10] 41/8 41110 42/7 43/22 108/24 109/10 110/8 110/10 ticket (9] 72/25 73/2 73/4 73/5 110/22 116/23 116/25 11711117/9 think. .. [152] 31/24 31125 32/2 73/9 73/10 124/10 124112 124114 43/23 56/9 68/23 105116 14611 130/6 133/23 138/6 140/4 144112 3213 32/5 32/8 32118 32/23 32/24 tickets [2] 18115 18/25 166113 true [11] 47/7 67/19 79119 85/20 144/20 145/18 145/22 145/23 33/5 33/9 33/19 34/4 34/5 34/10 time [45) 6/7 717 I 0/19 11/8 1118 12/22 16117 25/3 34/7 39/6 47116 119/19119/21122/2144/8 161/10 148/1 151113 151/22 155/4 156/12 34/11 34/15 34/16 34/19 36/8 160/6 16116 161111 168/20 170/7 36/25 37/213811 38/1 38/7 38/12 50118 50/24 53/24 57/1 60/22 173/2 175/5 64/16 66/2 66/16 67/3 86/14 87115 truly [2) 86/8 175/9 understanding [1] 158/14 38113 38/18 38/22 38/25 39/21 Unduly [1) 170/6 4011 40/5 4017 40/12 40/14 40/18 94/3 98/17 102110102/13 102114 trumps [1] 57/18 41/6 41/2342/242!18 42!19.42/23 --103/2 105/17 106/2 1-1om 1-1M !5 truth-[9]-128/5-128/H 128/16 - unfair [1)- 105/21 120/22 124/12 126/ll 129/1 13011 128/18 128/20 129/4 129/6 129/10 unfortunately [1) 155/24 43113 43/20 44/20 45/3 45/25 United (2) 82/10 119/13 46/20 47/14 4 7/22 47/23 50123 130/3 133/2 139/15 141/5152/23 129/14 University [3] 105/9 115/6 115/7 51/7 53/12 54/5 54/9 56/2 56/12 160/4 166/4 168/22 truthfully [1] 76/5 try [12] 7/17 10/17 18/7 77/24 unlawful [5] 5/5 24/9 24/17 56114 56/2457/4 57/13 57/15 timely [1) 167/18 9114 102/12 123/7 133/20 154/22 172/17 172/17 57/23 58/1059/5 59/14 61/5 61119 times (2] 91/14 163/17 164/1 172/7 172/9 unless [12] 39/15 43/18 46/1 61120 62/7 62/13 62121 63/6 6317 timing [1) 125/17 trying (13) 6/13 10/12 12/4 72/8 46/21 46/22 48/20 57/14 65/10 65/2 65/3 65/3 67/22 68/15 71/16 tire [1] 158/22

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1 today [16] 6/2 11/17 17/12 17112 Tuesday [5] 12/1 18/19 73/1 97/2 106/17 129/18 164/8 90110 90/14 91/6 91/23 92110 . u. up [84] 5/20 5/22 5/25 7/17 7/23 92118 9315 96/4 97/18 101/1 102/5 17/23 18/2 30/2 41111 49/7 50112 73/14 148/10 8/17 8/22 10/7 10/11 10113 10/18 turn [9) 5115 5/17 11/12 11118

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-- .. Demse C. Phllhps, CSR 18

J

State v David Duane Greer 11113112 Vol 3 V Washington (2] 97/12 97/13 170/19 172/9 172/14 173/1 I 12/11 15/3 20/7 22/18 23/4 32/15 1 - - - - - - - - - - - - lw a sn ' t [5] 12/1 45112 47/3 73/19 173/14 39/19 43/16 47/17 53/8 53/22 }- .. Venirepersons [1] 142/8 132/19 Welsh [12] 38/23 38/23 59/15 55/13 57/17 57/19 59/24 61/18 verdict [I2] 23/25 24/4 63/24 watch [3] 22/14 22/15 23/7 61/6 65/12 66/19 66/23 131/1 62/10 66/1 66/3 66/22 72/9 72/12 . ' 64/5 67/19117/5 I 17/24 I 18112 watched (I] 101/9 143/16 143/18 143/23 158/6 85/23 85/24 95121 95122 97/8 123/14 124/5 125/15 135/1 Watson [8] 69119 70/9 70/13 71/6 went [11] 39/24 40/1 I 86/15 97/21 98/11 98/12 I 15/21 I 16/1 I

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~---··------

----------------

1

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~

77/18 85/14 85/I5 92/22 94/5 94/9 young[!] 15817

.. ~ ···" Demse C. Phillips, CSR ' I f I n 1 '· ~.o ",

REPORTER'S RECORD

1 Volume 4 of 6 Volumes 2

D Trial Court Cause No. 12-03324-CRF-272 3 0

Court of Appeals No: 10-13-00049-CR

4 5

0 THE STATE OF TEXAS IN THE DISTRICT COURT OF 6 vs. 0 BRAZOS COUNTY, TEXAS 7 DAVID DUANE GREER 27:2nd jUDICIAL DISTRICT 8 D 9 10 0 11 JURY TRIAL 0 .1 ~ 12 . ' .-..;._:., 13 0 14 On the 14th day of November, 20~2, the following : 0 · proceedings carne on to be held in Jr,he above-titled and

15 ' :; 16 numbered cau~e before ~he Honorabi~ Travis B. Bryan, III, ·'] . . . - '\" .. --- ..... - - 17 Judge Presi~ing, held in Bryan, Brazos County, Texas. 18 Proceedings reported by cqthputerized stenotype 19 machine.

' ,. 20 21 22 Denise C. Phill$~~' Texas CSR #6482

Official Court Report~:r - 2'72nd District. Court 23 3 0 0 East 26th s;t,reet, Suite 2 04 Bryan, ~e~as 77803

CERTIFIED

. 9·7 9 : 3 61- 4 2 2 1 24 TRANSCRiPT

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DENISE C.PHILLIPS, CSR .OFFICIAL COURT REPORTER

:_~·-·-··------ -------:-------·-------~--· -:2'7 :2-N-J?-::-r>-r-s TR-I-CT-COURT-·-:--· --:---- ~---------- -·----·--·-·----------·--· ]

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l- 1 A P P E A R A N C E S 2

l 3 ATTORNEY(S) FOR STATE: l 4 RYAN CHARLES CALVERT SBOT NO. 24036308 5 WILLIAM LEE WARD

SBOT NO. 24077302

1 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, texas 77803 1

Telephone: 979-361-4320

8 9 ATTORNEY(S) FOR DEFENDANT:

J

10 EARL R. GRAY

SBOT: 24007265

~ 11 Gray, Granberry & Jones 103 N. Main Street 12 Bryan, Texas 77803-3235 ~

Telephone: 979-822-4759

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I 25 I / DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

~----- - - · -I-----------------------.Z-9.Z-ND-B-I-8TR-I-eT-COURT--------------- ------------------- I 0 3 D-- CHRONOLOGICAL INDEX 1 Volume 4 2 November 14, 2012 0

Page

3 0 Witness sworn 20 4 Discussion with Defendant 20 Jury seated 22

5 Jury sworn 22 0 Indictment presented 22 6 Defendant's plea 22 Opening Statement by Mr. Calvert 22 7

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Witness sworn 26 8

STATE'S WITNESSES:

0 9 TERRY YOUNG: 10 0 Direct Examination By Mr. Calvert 26 Cross-Examination By Mr. Gray 57 11 Redirect Examination By Mr. Calvert 73 0 12 Recross-Examination By Mr. Gray 74 13 Jury retired 76 Short recess 76

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14 Discussion with the Defendant 76 Jury seated 78 15 Witness sworn 78 0 16 RICARDO LEDESMA: 0 Direct Examination By Mr. Ward 17 78 Cross-Examination By Mr. Gray 87 Redirect Examination By Mr. Ward 18 91 0 Recross-Examination By Mr. Gray 93 19 Witness sworn 95 0 20 LAKETH McKINNEY: 21 Direct Examination By Mr. Calvert 95 ~ 22 Cross-Examination By Mr. Gray 97 23 State rests 100 0 Jury retired 100 24 Defendant's Motion to Suppress 100 Court's ruling 112 0

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DENISE c. PHILLIPS I :;C~R n .. • OFFICIAL COURT REPORTER . -bd-····---- -·--- -----------·-------------2-7-2-ND-D-I-ST-R-I-G-'I'--GGUR-'I'-------·--·--···----- ------·--·--·----- D n

4 o. ' 1 CHRONOLOGICAL INDEX November 14, 2012 Volume 4 2

D Page 3 0 112 Jury seated 4 5 DEFENDANT'S WITNESSES:

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6 MONISHIA RENE CAMPBELL:

112 Direct Examination By Mr. Gray 7

D Cross-Examination By Mr. Calvert 122 137 Redirect Examination By Mr. Gray 8 0 142 Defendant rests 9 10 STATE'S REBUTTAL WITNESSES: 0 11 RICARDO LEDESMA: 0 12 144 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray 147 13 Redirect Examination By Mr. Ward 150 0 ~} 14 Jury retired 151 Noon recess, 153 15 Jury seated 154 0 16 TERRY YOUNG: 0 17 Direct Examination By Mr. Calvert 154 Cross-Exami.nation By.Mr. Gray 156 18 0 Witness sworn 157 19

JASON WARE:

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Direct Examination By Mr. Calvert 157 21 Cross-Examination By Mr. Gray 159 0 State closes 160 22 Defendant rests and closes 160 23 Jury retired · 160 0 Objections to Charge 160 24 Jury seated 161 Charge read 162 0

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DENISE C.PHILLIPS, CSR

ll--- OFFICIAL COURT REPORTER ··· ··-·-----·-- -------,---·---·~---------·-------~-7-2NB·-B±Sl!'R:EGT-G01JR-T---------- ------------------ --------- ~---- D 0

5 0-- CHRONOLOGICAL INDEX 1 November 14, 2012 Volume 4 2 D Page 3 0 Closing Argument by Mr. Ward 162 4 168 Closing Argument by Mr. Gray 176 Closing Argument by Mr. Calvert 5 0 Jury retired for deliberations 183 Jury request to view video 183 6 183 Jury continued deliberations Jury seated 183 0 7 Verdict 184 Jury retired and released 185

8 Evening recess 185 0 Reporter's Certificate 186 9 10 0 ALPHABETICAL INDEX 11 0 12 Direct Cross V.Dire 13 Campbell, Monishia Rene 112 122

0 j' 137 14 Ledesma, Ricardo 87 rs- 9"3 0 · Ledesma, Ricardo 16 144 147 --150-- 0

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McKinney, Laketh 95 97 18 0 Young, Terry 26 57 19 73 74 0 20 Young, Terry 154 156 21 Ware, Jason 157 159

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DENISE C.PHILLIPS, CSR

)l··· . OFFICIAL COURT REPORTER t;\-------------- ---------------·---------·---------2-72-ND--DI-STRreT--COURT------------·--------- -------·--------- 0 0

6 Q,, EXHIBIT INDEX 1 2 November 14, 2012 Volume 4

D State's Exhibits 3 0 4 EXHIBIT DESCRIPTION OFFERED ADMITTED Arrest Warrant 5 1 16 19

0 2 Arrest Warrant 16 19 6 3 Video 34 34 Video 3 143 144 0 7 4 Photograph 48 48 5 Photograph 48 48 8 Photograph 48 6 48 Photograph 7 48 48 0 9 Photograph 8 48 48 Photograph 9 48 48 10 Leather jacket 10 41 41 0 Weapon 11 41 41 11 12 Bullets from weapon 54 54 Stipulation 20 22 14 0 12 Stipulation 14 99 100 Inventory form 15 90 90 13 16 Inventory Search Policy 107 D) 14 15

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DENISE C.PHILLIPS, CSR

_Q ________ OFFICIAL COURT REPORTER ------------- --------=~-7-2NB--B~-STR-I-eT-e0URT------- -----11-----~----- 0 D

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R 0 C E E D I N G S 1 ··.,.., November 14, 2012 2 8 THE COURT: Good morning. 3 0 MR. WARD: Good morning, Judge. 4 MR. GRAY: Judge, we think we're going to 5 0 have a stipulation, but I just need to visit with their 6 print expert for 35 seconds. 7·

0 . / THE COURT: Okay. 8 0 MR. GRAY: He may be -- we think he's 9 10 probably in the D.A. 's Office. I can run up there and 0 11 talk to him. 0 THE COURT: Go ahead and take care of that. 12 MR. GRAY: Okay. Thank you. 13 0 MR. CALVERT: , Can we put something else on 14 the record real quick? 15

[1 16 Judge, I forgot to do this yesterday. I had 0 talked to Earl about it beforehand; and I think we talked 17 18 to you about it, but we forgot to do it on the record.

0 In 19, I believe, 84, you represented this 19 0 20 Defendant on a case, I believe it resulted in a guilty . plea. We realized that going through his priors. We 21

0 22 brought it to Earl's attention. I don't want to speak for 23 Earl, but I think both parties are more than comfortable

0 24 in waiving any issues with having you hear this case, 0 25 Judge. But I wanted the record to reflect that both

DENISE C.PHILLIPS, CSR

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OFFICIAL COURT REPORTER

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parties were aware that in the early '80s you represented

1 this individual, and both parties are comfortable with you 2 0

going ahead and hearing this case.

3 B THE COURT: Well, for the record, I don't 4 remember the case. And that's no slight to you, Mr. 5 0

Greer, because I don't remember a lot of things that

6 happened in the '80s. 7 0

But is that okay with you?

8 0

THE DEFENDANT: Yes.

9 THE COURT: Okay. Because this came up a 10 0

couple, three weeks ago. Lisa came in and told me about

11 0 it, and I said if either side wants me off the case, I'll 12 willingly recuse myself. And I was advised that neither 13 0

side wanted that to happen.

14 MR. GRAY: We have no objection, Judge. ·And 15

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I think Judge Langley was the prosecutor at the time.

16 0 THE COURT: Yeah. 17 MR. CALVERT: Yeah. 18

0 THE COURT: So, I still hold with that. I 19 mean, if anybody's got a problem with it, then I'll take a 0 20 look at what I need to do. 21 0 MR. GRAY: We don't. We don't have any 22 objections. 23

0 THE COURT: Okay. 24 0 MR. GRAY: Actually, his print guy is here, 25

DENISE C.PHILLIPS, CSR

hl-~--~~ ·------·~-~---~---~~~--0~~-~~-~~J;~~~~~T~~~~-~~-E_R ___________ ~-- ______ _ 0

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0 1 so I'll just take a minute. 2 THE COURT: All right. That will be fine.

B (Brief pause.) 3 0 MR. GRAY: Sorry about that, Judge; but that 4 saved us about 30 minutes of testimony. 5 0 THE COURT: Thank you very much. So, you 6 got it done, then? 7 0 MR. GRAY: Yes, sir. 8 0 (Off-the-record discussion.) 9 10 MR. CALVERT: Judge; can we take up another 0 11 brief matter? B 12 THE COURT: Yes, sir. 13 MR. CALVERT: The witness for this 0 14 particular thing is not here, but I've talked to Earl, and he's read the report, and I think we can pretty well 15

0 16 represent to the Court what it's going to·be. 0 One of the things that the State intends to 17 18. introduce during the -- our case-in-chief is, as Your

0 19 Honor is aware, the Defendant is charged with felon in 0 20 possession of a firearm. 21 On August 29th, he was over in the jail and 0 22 had a -- essentially what it was is his bunk area was in 23 disorder. A detention officer instructed him to clean it

0 24 up. He refused. The detention officer responded that the 0

25 Defendant needed to follow the rules, and the Defendant's

DENISE C.PHILLIPS, CSR

-Q~ .. ---------- ----------------'---~~-~·~·~·~~~:r-~~~~~T~~~~.:~~------------·-- -·~·------ 0 8

10 [J response to that was, "I don't follow rules. I'm in here 1 for not following the rulesi and so, I'm not going to 2

0 3 start now." 0· My intent of course, the focus of the 4 testimony that I intend to introduce during our 5

0 case-in-chief is the Defendant's statement as he's in jail 6 0 on this charge that "I'm in here for not following the 7 rules." 8 0 I did not intend to go into the details of 9 like what the disciplinary infraction was or -- there was 10 0 some other stuff that happened after that. The 11 5 confrontation kind of escalated with the jailer at that 12 point. I'm not going into that. 13

0 Essentially, what the testimony will amount 14 to with the detention officer is I will ask him, "Did you 0 15 have occasion to have a conversation with the Defendant 16 0 about -- or did you instruct him to do something?" 17 18 "Yes, I did."

0 19 "And did you instruct him to follow the 0 20 rules?" "Yes, I did. " 21

G 22 "And what was his response when you told him he needed to follow the rules?" 23 0 24 And it will be that one statement, and 0 that's all it's going to be, Judge. 25 DENISE C.PHILLIPS, CSR Q' OFFICIAL COURT REPORTER - ---~-~-- ------------------2·"7-2-NI)--D"rSTR-I-C::T--eoURT--~--------~-- 0 0

11 [l I talked to Earl at that time, and he 1 indicated he might have an objection to that, and we 2

0 wanted to take it up now so we didn't waste the jury's 3 0 time later. 4 THE COURT: All right. 5

0

MR. GRAY: And just for the record, what's

6 the guy's last name? 0 7 MR. CALVERT: His name is Lakesh, 8 0 L-A-K-E-S-H, McKinney, M-C-K-I-N-N-E-Y. 9 THE COURT: So, you're saying that was a 10 0 custodial statement that was not due to interrogation -- 11 - 0 12 MR. CALVERT: Correct. THE COURT: -- that was an admission of 13

0 guilt? 14 n 15 MR. CALVERT: Correct. 16 THE COURT: ·All right. 0 MR. GRAY: Judge, we'd object on a couple of 17 grounds. One would be relevance. How does that in any 18

0 19 way help their case as to guilt or innocence? Such a

Q

20 generalized statement as "I don't follow the r~les," ·or 21 "I'm in here because I don't follow the rules," you know,

0 22 it's too general. It's not specific as to this particular case. 23

0 He also -- because he's on parole, he also 24 0 25 had a Blue Warrant. So, he could be referencing not

DENISE C.PHILLIPS, CSR

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OFFICIAL COURT REPORTER

-d~-------- -----~--~--~----2"72ND-DTSTRICT-COURT ______________ - - - - - - - - 0 0

12 [1 1 following the rules as to his parole. 2 The problem with this is that -- and the

0 context is going to place him in a jail cell. And that's 3 0 4 unduly prejudicial. If they're going to know that he is in custody, that he's in a jail cell, I mean, we might as 5 0

6 well take the clothes that I got him and replace them with

7 the orange jumpsuit and put handcuffs on him in front of

0 8 the jury. D 9 I just don't think when you use the 10 balancing test, the 403 balancing test, I think the 0 11 prejudice very much outweighs any probative value of that 0 12 statement. 13 And, again, it•s·so general. We don't know

0 ~et~ 14 exactly what he was talking about. THE COURT: Was he in jail for anything else f- 'il ~I ~ f ~t 1 15 0 other than thi:pa::::::~ c::s:a:f n::~i:::g:/V~eU~~~·:;J~~~~~ ~

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originally been incarcerated from February until, I 1t-.

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! - 0 19 believe, it was sometime in March or April on the Blu1= .. ; ~\J ·._ -~ ;· .. i; warrant, and then he got out. And then he was out, fi~e';~· J: .. ·. 0 20 a month; and then he ~n~ back in -)hen ~e got i:rrc;Iict\d of L -~. ~(II'-

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~\t ~ 1 0 ~ \-C) J?~ YJ c,lr- ~ 11' r-orJ'? 'K'(/f" this case. ,,~DVfc~ .,~~ vl c ~~lJ t\-~r)-/1 f~6r ~\~) {~c-' \~11J ·1,)'. PI 22 I"' So, ~he only thing he was in for at the time 23 0 24 of this incident we're talking about was this particular 0 25 offense. He does have a parole revocation pending; but

DENISE C.PHILLIPS, CSR

8------------- ----------------------~~-~-~-~~~~~-~~~~~T~~~~-~~-E_R ______________________ ---------------- u u

13 0 the -- as I understand it, the sole basis for that 1 revocation is this case. 2

0 MR. GRAY: But, Judge, he was also -- he was 3 0 also arrested however at that time for -- for an arrest 4 warrant -- an arrest warrant for burglary of a habitation. 5

0 MR. CALVERT: He .was, Judge. That's 6 -correct. 7 0 MR. GRAY: And so, that ultimately was 8 0 dismissed or refused. So, maybe that's not following the 9 rules. And then the D.A. •s Office ultimately dismissed 10 0 that case. 11 "8 THE COURT: Now, what he was in jail for 12 the burglary of a habitation? 13

0 MR. GRAY: Yes, that's why he was arrested. 14 MR. CALVERT: He got arrested originally 15

0 when this offense occurred, he was placed under arrest on 16 0 a warrant for burglary. That case was never prosecuted. 17 \ . . 18 He got out of jail subsequent to that and then went back \ 0 . (:~?' .. in jail at the time he got indicted for thi's""case >-::;.,_ ., ····· · 19 ·And it was about three months after he w~:k\V~;~p~r' 0 20 indi~ted on this case that this conversation ~e're talking 21 0 22 about happened. And by that point, the burglary case was 23 long since declined or whatever they did with it.

0 24 THE COURT: What do you say about his 0 25 - probative/prejudice argument?

DENISE C.PHILLIPS, CSR

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14 Q_ MR. CALVERT: Judge, I think we limit the 1 prejudicial effect by, of course, limiting the 2

0 conversation to, you know, not a description of what was 3 0 going on; and we do not talk about any of the escalation 4 5 that happened after that.

0 THE COURT: I understand you limit it, but 6 0 is the limited portion even 7 MR. CALVERT: I don't believe it is, Judge. 8 0 9 THE COURT: prohibitive of the rules. 10 MR. CALVERT: I don't believe it is, Judge. 0 11 I think in order for it to be admissible -- or excuse me, 8 12 inadmissible, the probative effect has to substantially 13 outweigh any -- or excuse me -- the prejudicial effect has

0 14 to substantially outweigh the probative value. n 15 The probative value in this case is you have 16 a defendant who's in jail on this particular offense, 0 17 which it's my understanding is -- their defense is going 18 to be it was not his gun. He didn't even know it was

0 19 there. It belonged to someone else. And yet under those u 20 circumstances and in the context of that defense, you have 21 him telling somebody "I'm in here for not following the 0 22 rules." 23 And I think just doing an analysis of it,

0 24 Judge, I don't think that it would be appropriate to find 0 25 that the -- the substantial probative value of that • DENISE C,PHILLIPS, CSR fl'

OFFICIAL COURT REPORTER

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15 0 conversation is substantially outweighed by any 1 u 2 probative -- prejudicial effect that it would have. MR. GRAY: What was the date on the -- 3 fl MR. CALVERT: August 29th, I believe, late 4 5 August. 0 MR. GRAY: Judge, again, I just think -- I 6 think a small amount of probative value is not worth the 7 0 prejudicial effect. Again, it's going to be a comment on 8 0 him being incarcerated for this -- for these other 9 offenses. 10 0 You know, we just can't -- we just can't 11 D 12 know what he was referring to because it's not really taken in context. I mean, if he was talking about some 13 0 specific acts or specific offense, then maybe so. But 14 15 it•s just too general. 0 THE COURT: All right. The objection is 16 0 overruled. 17 18 Ready to bring the jury out?

0 19 MR. GRAY: We're ready, Judge. 0 MR. CALVERT: We'll be momentarily, Judge. 20 21 THE COURT: All right.

0 22 I'll give you a running objection to all the 23 jail incident .. 0 24 MR. GRAY: Okay. Thank you, Judge. ·o 25 MR. CALVERT: I believe we're ready.

DENISE C.PHILLIPS, CSR

u-· ------- - ··----------------------0~-~-~-~-~~~T~~~~~T~~~~:~-ER _____________ ---------- [] 0

16 n 1 Actually, before the jury comes in before the jury i comes in, Judge, I was going to offer for record ptirposes 2 0 only, State's Exhibits 1 and 2. These are certified 3 8 4 copies of the arrest warrants for the Defendant and Monishia Campbell, that they were stopped and arrested for 5

0 on the date of the offense. This was the basis for the 6 0 initial detention and the arrest which ultimately led to 7 the inventory search. It's my understanding Mr. Gray has 8 0 filed a motion to suppress. And for that purpose, I'm 9 offering State's Exhibits 1 and 2 for record purposes 10 0 11 only. These will not go back to the jury. 0 12 (State's Exhibits No. 1 and 2, Arrest 13 Warrants, offered for record purposes only.)

0 MR. GRAY: Judge, we agree it shouldn't go 14 15 to the jury, but we would also object that it's hearsay. 0 16 If they want to have an officer come up and testify as to

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17 some of this in a separate hearing outside the presence of u 18 the jury, that's one thing; but we're not going to agree 19 to -- 0 20 THE COURT: Now, is hearsay admissible in a 21 motion to suppress?

0 22 MR. CALVERT: It is, Judge. And also, these 23 are not the affidavits. These are certified copies of the 0 24 actual warrants, which it's always been my experience if 0 25 you're challenging a detention or search ~ased on a

DENISE C.PHILLIPS, CSR

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OFFICIAL COURT REPORTER

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0-. 1 warrant, we need to be ready with a certified copy of the 2 warrant; and that's what those are.

0 MR. GRAY: And, Judge, we're not attacking 3 8 those warrants. That's not going to be our basis for the 4 suppression hearing. 5

0 THE COURT: Okay. 6 0 7 MR. GRAY: We're not saying those weren't 8 valid warrants. So, we would, therefore, argue as to it's 0 9 not relevant; and it's -- well, it's not relevant. But if 10 they have -- if they have the testimony, that's fine. But 0 11 then, this would be cumulative even in front of you. D 12 We're not attacking the validity of the arrest warrants. 13 I don't -- I don't know what the purpose in introducing -- 0 14 (Noise in courtroom.) D 15 THE COURT: We're going to have that stopped.· That's too loud. 16 0 17 MR. GRAY: So ~- but we agree it shouldn't go in front of the jury. 18

0 19 THE COURT: I don't understand. Why are you 0 20 offering these warrants? 21 MR. CALVERT: Judge, Mr. Gray said yesterday 0 22 that he was moving to suppress the evidence in this case 23 based upon -- what he told the Court yesterday was based

8 24 upon the detention and the subsequent inventory search,

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25 and that was what he advised the Court, and that was what . DENISE C.PHILLIPS, CSR n .··

OFFICIAL COURT REPORTER

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18 o .. he, you know, advised us. That he '·S challenging the 1 ·r initial detention. 2 0 The sole basis for the initial detention was 3 0 those warrants. It wasn't a traffic stop. They didn't 4 see him speeding. They were out there specifically to -- 5

0 6 the Sheriff's office was out there specifically to execute those warrants on those two individuals. 7 0 THE COURT: Uh-huh. 8 0 MR. CALVERT: They located them driving the 9 10 vehicle, and that was the one ~nd only reason they stopped Q } v:.. \--6 ft \ cJ ' \) > ~J""f y them. 11 ·o 12 THE COURT: And you're not offering these in 13 front of the jury, just for purposes

0 14 MR. CALVERT: Just for record·purposes, just 15 for purposes of the motion to suppress.

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16 THE COURT: Yeah: 0 Judge, you know, we -- I am going MR. GRAY: 17 to -- I'm not going to allow hearsay to come in. 18 I am

0 19 going t~ obj~ct ~o he~ay. If an officer is talking 0 20 about what other officers said in regards to the stop. 21 But I'm not attacking the validity of those arrest

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22 warrants. That's not where I'm going at all. g 23 THE COURT: You're attacking the existence 24 of the -- or the --

D 25 MR. GRAY: The arrest warrants? No, not at

DENISE C.PHILLIPS, CSR

g _____________ --------~------~~~~~~~~T~~~~~T~~~~~~ER ---~---~------ _______ _ D u

19 Q __ 1 all. Just the basis for the stop. I mean, just because 2 an arrest warrant existed, how did that officer find out

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that information? Was he told it on the street? Did he

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get it from dispatch? Was it

4 THE COURT: All right. 5 0 MR. GRAY: quadruple hearsay. Because 6 7 those kind of things I wi~l object to.

0 THE COURT: I'm going to overrule your 8 0 9 objection. 10 Anything else? 0 MR. CALVERT: No, sir. 11 8 12 THE COURT: Those are admitted for purposes 13 of the motion to suppress only outside.the presence of the

0 ·) 14 jury. 15 (State's Exhibits No. 1 and 2 admitted.}

0 MR. CALVERT: That's correct, Judge. 16 0 THE COURT: Now, do we have a stipulation to 17 18 something?

0 19 MR. CALVERT: We do, Judge. 20 THE COURT: Now, as I understand, the D 21 stipulation in the midst of a trial has got to be in D 22 writing. MR. CALVERT: It is in writing, and it's 23 8

signed. And I was going to it's marked as State's 24 D 25 Exhibit No. 14, and I plan on offering it into evidence

DENISE C.PHILLIPS, CSR

11-~---- ------- --------------------- 0 -;;~~~~~I~~~-~~T~~~~:;~~------------- --~----------- D 0

20 ·0-., for all purposes later in the trial. 1 2 (State's Exhibit No. 14, Stipulation,

0 3 offered.) 0 4 THE COURT: And you have no objection to the 5 stipulation?

D MR. GRAY: No, Judge, but I'd like to ask 6 7 him some questions first.

0 8 THE COURT: All right. Raise your.right D 9 hand, Mr. Greer. 10 (Witness sworn.) 0 11 MR. GRAY: Mr. Greer, I explained to you - 8 12 basically the pros and cons of this stipulation as to the 13 prior conviction as well as the -- this offense occurring

0 14 prior to the expiration of five years from the 15 anniversary -- the fifth anniversary after you were

D 16 through in regards to supervisioni is that right? 0 17 THE DEFENDANT: Yes. 18 MR. GRAY: Okay. One way they can prove

0 19 it -- they can prove it a couple of ways. They can bring ·a 20 in your parole officer to testify that you're the same 21 person that's on parole. That's one way to do it.

0 22 Quite often, however, what they'll do, a 23 simpler and quicker way is through the Judgment and

8 24 Sentence process, with a penitentiary packet. I had 0 25 indicated to you that I did have some issues with the

DENISE C.PHILLIPS, CSR

-8:-=------- ----------------~~~~;~~~r-~~~~·~T~~~~~~~R ___________________ _ 0

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0-- r· 1 fingerprints, and I had actually called one of my fingerprint experts in Houston and visited with him 2 0 yesterday. 3

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THE DEFENDANT: Uh-huh. 4 MR. GRAY: He indicated the number of points 5

D that he would like to see, which would be eight. I have 6 0 visited with their expert, and he saw between 15 and 20 7 points on the print. 8 0 With that information, I believe it would be 9 better strategy to go ahead to stipulate to this, such 10

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that the jury doe~ not find out what the actual sentence 11 0 12 was, which was 40 years. THE DEFENDANT: Uh-huh. 13

0 .I 14 : MR. GRAY: This also removes any possibility .... _. that they would see any type of enhancement paragraphs as 15

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far as those other two convictions that got you to that 16 0 point. Does that make sense? 17 THE DEFENDANT: Yes, sir. 18

0 19 MR. GRAY: And so, I just want to make sure, D 20 you know, this is something we're giving up; but I want to 21 make sure this is what you want to do as far as your .. 0 stipulation. 22 THE DEFENDANT: Yeah. 23

8 MR. GRAY: Okay. That's all I have, Judge. 24 0 25 THE COURT: All right. The stipulation is

DENISE C.PHILLIPS, CSR

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22 D admitted. 1 {State's Exhibit No. 14 admitted.) 2 8 You ready to bring the jury out? 3 B MR. CALVERT: Yes, sir. 4 THE COURT: Bring them out. 5

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{Jury seat~d.) 6 THE COURT: Have a seat. 7 D All right. Ladies and gentlemen, raise your 8 0 right hand and let me swear you in. 9 {Jury sworn.) 10 D 11 THE COURT: All right. 0 12 We'll now have the reading of the 13 indictment.

0 14 {Indictment presented.) THE COURT: Mr. Greer; how do you plead to 15

0 16 that indictment? 0 THE DEFENDANT: Not guilty, sir. 17 - THE COURT: All right. A not guilty plea 18 0 19 will be noted. We'll now have opening statements of B 20 21 counsel. Go ahead, sir. u MR. CALVERT: Thank you, Judge. 22 23 OPENING STATEMENT BY MR. CALVERT

0 24 MR. CALVERT: February 16th of this year, 0 there were arrest warrants that had been issued for this 25

DENISE C.PHILLIPS, CSR

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] 23 1 individual, Dave Greer, and his girlfriend, Monishia 1 Campbell. The -- a number of deputies from the Brazos 2

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County Sheriff's Office were out that day looking for 3 Mr. Gr-eer and Ms. Campbell to serve those warrants, to 4

J execute those warrants and place them under arrest. 5 j Mr. Greer and Ms. Campbell were located 6 } together. They were in Mr. Greer's pickup. He owns it. 7 The deputies see them driving the pickup and initiated a 8

1 traffic stop. It's not a traffic stop like somebody was 9 speeding. They knew that these individuals had arrest 10

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warrants, and that's what they were ~topping them for was 11 l ... :·' -: to execute these warrants. 12 \ .-··' ~~ey saw who was in the vehicle. They 13 J i recognized them, and they knew who they were looking for. 14 _.,.-._ And so, they get behind them. They turn the emE;!rgency 15

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lights on. There's a number of Sheriff's vehicles there. 16 l 17 Some of them are marked, and some of them not marked. 18 The Defendant is driving. Monishia Campbell

l 19 is in the passenger seat. They don't stop immediately when the lights go on. They keep driving a little biti 20

1 and then, eventually, an unmarked Sheriff's Office car or 21 l 22 van actually, pulls kind of in front of them, boxes them in. 23

l And you're going to see video of it. 24 t 25 Officers get out. They're executing the warrants. They DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ -------- ------ -- ----------------------2-121-JD D-I STRI CTCOUR---or---------------- l 1

24 l 1 get out with weapons drawn, and they remove the Defendant 2 and Ms. Campbell from the truck.

} 3 They're going to jail on those warrants. The truck is there sitting in the road and pursuant to 4

J 5 Sheriff's Office policy, like virtually every other law J 6 enforcement agency, if a vehicle is going to be towed 7 you can•.t just leave a vehicle sitting out in public. j They have a policy that that vehicle has to have what's 8 1 called an inventory done where officers go in, and they 9 10 literally make an inventory of everything in the vehicle 1 11 that's going to be towed and taken to the tow yard or the l 12 wrecking yard. 13 That protects the officers if something

1 14 turns up missing. It also protects the property of the 15 people who own it, the people whose property is being I 16 towed away. l 17 So, the officers go in; and they're doing an inventory on the truck. And there's a lot of stuff in the 18

'1 truck, and you'll see photographs of it and hear testimony 19 20 about.it. And as they're going through, one of the things

~ 21 that they find you'll hear that Monishia Campbell had f 22 some stuff in the truck. She had a purse and, like, a 23 duffle bag with some of her clothing in it. And then

~ 24 there was some equipment, like, a winch and a jack and t 25 various other things. r-.. ------- DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRI.~C=T,~C~O~U=R~T=--------~------ r 0 25 u 1 But then one of the_ things they find kind of 2 in the backseat of this truck is a large black men's

8 3 leather jacket. And you'll see pictures of it and the 0 4 jacket itself. And when they go to pick that jacket up to 5 do the inventory search, they realize it feels kind of

D 6 heavy, and they start going through the pockets of it, and D 7 they find a pistol. They find a gun in the -- I believe 8 in the right-hand front pocket on the jacket. 0 9 It was his jacket, and it was his vehicle. 10 And that's what bring us here today. You're going to hear 0 11 evidence -- and I believe the Defense is going to ·o 12 stipulate that he is a convicted felon.· That he was 13 convicted of possession of methamphetamine out of Grimes

0 14 County, and that we are still within -- the offense date n 15' of that is February 16th -- was still within that time 16 frame that we talked about yesterday during jury

0 17 selection, prior to five years going by after he'd been 18 discharged from supervision.

D

19 So, again, what you're going to hear from 20 D the evidence in this case is that the Defendant, who is a ' 21 convicted felon, had in his possession, in his vehicle, in Q 22 his jacket, a .22 caliber pistol. 23 Now, I anticipate you're going to hear from D 24 Monishia Campbell in this trial. And to be honest with 0 25 you, I'm not 100 percent sure exactly what she's going to

DENISE C.PHILLIPS, CSR

rt

OFFICIAL COURT REPORTER

bf - --- ~-- --~- -~~·--------- --------~---~----~-2-7-2ND--D-IS'I'-R-I-G-T--GOU-R-T----~-------------------~ ---~------------- ---·- 0 n

26 Q .. tell you. But I will tell you that I anticipate whatever 1 she says today is probably going to be good for him 2

8

because Monishia Campbell does not want him in trouble.

3 8

Monishia Campbell is not a convicted felon.

4 And so, I believe you're probably going to hear Monishia 5 D Campbell come in and try to say it was her gun. But the 6 evidence is going to show you otherwise. 0 7 And at the end of this case, I'm going to 8 0

ask you to go back there and find the Defendant guilty.

9 u THE COURT: Mr. Gray, do you care to make an 10 opening statement? 11 0 MR. GRAY: Reserve. 12 THE COURT: All right. 13

0 Call your first. 14 15 MR. CALVERT: Terry Young.

0 (Witness sworn.) 16.

,Q

THE COURT: Have a seat. 17 n Go right ahead. 18 MR. CALVERT: Thank you, Judge. 19

0 20 TERRY YOUNG I 21 having been first duly sworn, testified as follows:

D

22 DIRECT EXAMINATION BY MR. CALVERT: 23

D

24 Q. Good afternoon -- or morning, sir. Would you 0 introduce yourself to the members of the jury, please? 25 DENISE C.PHILLIPS, CSR u· __ OFFICIAL COURT REPORTER ----I----------------2-7-2ND-DTS-TRIC.'I'-COUR-T------------I-------- .0 0

27 0- A. My name is Terry Young. 1 Q. And, Terry, what do you do for a living? 2

8 3 A. I'm an investigator with the Brazos County 0 4 Sheriff's Office. Q. How long have you been a cop? 5

0 6 A. Since 1978. 7 Q. And how long have you been specifically with 0 8 Brazos County? 0 9 A. I've been with Brazos County since February of 10 2005. 0! 11 Q. Where were you before? 12 A. I was with a Narcotics task force in Central

'G 13 Texas. 0 14 Q. Within Brazos County Sheriff's Office, what 15 division or what unit are you assigned to?

D 16 A. I'm with the Criminal Investigation Division. D 17 Q. All right. Describe for the jury what that means 18 and what that is.

D 19 A. Criminal Investigation Division is like what you 0. 20 see on TV. It's the investigators, the detectives of the 21 department, do all the follow-up on different offenses

D 22 that occur and try to do the more in-depth investigation 23 on cases.

10 24 Q. So, you're a detective or investigator for lack 0 25 of a better word, right?

DENISE C.PHILLIPS, CSR

r1 ··"' OFFICIAL COURT REPORTER I I -g···---------

---------~--2-7-~N-B--D-xST-R-IeT-C::0URT----------·------ -----~- 0

28

A. Yes, sir. 1 Q. Okay. How long have you been doing that type of 2 work as opposed to street-level patrol work? .3 A. I guess an easy 15 years. 4 Q. Okay. And you said you've been a police officer 5

total for how many years? 6 A. Since 1978. 7 Q. Okay. So one or two years? 8

0 A. One or two. 9 10 Q. Obviously, a lot of training in that time, right? 0 11 A. Yes, sir. A lot of experience in that time? D 12 Q. 13 A. Yes, sir. 0 14 Q. On a variety of different areas? A. Yes, sir. 15 0 16 Q. Including firearms? Do you have training in n 17 firearms? 18 A. Yes, sir.

0 19 Q. I want to take you back to February 16th of this 0. year. Were you on duty that day? 20 21 A. Yes, sir, I was.

0 22 Q. And did you have occasion to participate in and 23 help execute some arrest warrants on some individuals

D

24 named David Greer and Monishia Campbell?

D

A. Yes, sir, I did. 25

DENISE C.PHILLIPS, CSR

_Q __ · _______ --------------0---;~!~-~~~~~-~.~~~~~~:~~-:~~R ______________ _ Q \J

29 o .. Q. And the person that you know as David Greer, do 1 you see that individual in the courtroom here today? 2 0 A. Yes, sir, I do. 3 0 Q. Would you please point to him and describe an 4 article of clothing that he's wearing? 5

D

A. He's sitting over here at the Defense table 6 wearing. a tan shirt, and he has a ponytail. 0 7 MR. CALVERT: Judge, I ask that the record 8 0 reflect he has identified the Defendant? 9 THE COURT: So J}Oted ~-- 10 0 Q. (By Mr. Calvert)· Now, you're a -- you said you're 11 D 12 a detective. You're an investigator, right? 13 A. Correct. 0 14 Q. So, can we agree that you don't normally go out

I

15 and, like, pull people over for speeding or things like 0 that. You're not driving around in a marked patrol car. 16 0 17 A. That is correct, sir. 18 Q. Okay. On this particular occasion, who all was

0 19 with you when you went out to serve these warrants on 0 20 David Greer and Ms. Campbell? 21 A. There were several members of the Criminal a 22 Investigation Division. I could probably list them all if 23 you want, but there was probably at least six of us. 0 24 Q~ Okay. How many vehicles were involved?

,Q

25 A. Probably at least that many. Everybody was

DENISE C.PHILLIPS, CSR

f} . OFFICIAL COURT REPORTER ld, ~~- --·- -. --- -----·--------~------------2-7·2-N-B--D-I~S-'F-R-IG-T-GOUR.!f-----~------------~~ -------~------ D

30 probably one to a vehicle, to the best of my memory. And then, we also had a couple of marked patrol units with uniformed officers.

Q. And now, at some point, were y'all kind of concentrating your -- your efforts to locate the Defendant and Ms. Campbell in one particular area of town?

A. Yes, sir, we were. Q. And where was that? A. That was around the 31st Street, I believe it is,

area. In what city? Q. A. In Bryan. Q. And silly question, but I have to ask it. Is

that area of town that you're talking about, is that located in Brazos County?

A. Yes, sir, it is. Q. Is it also located in the State of Texas? A. Yes, it is. Q. While y'all were out there kind of searching that

area for the Defendant and Ms. Campbell, did y'all see them and kind of make contact with~th~fu~

. \:.:- .,·.·-. - A. Yes, sir, we did. < Q. And were they in a vehicle? A. Yes, sir, they were. Q. Whose vehicle?

DENISE C.PHILLIPS, CSR

~~~-~-~- ~------------~---------0~-~-~-~~~~±~~~~~T R:~~-~~-_,_E_R _______________ , ___________ _ 1

31 J They were in a black Ranger pickup that comes A. 1 back registered to Greer. 2 - Q. Okay. And did y'all recognize -- it was daytime? 3 A. Yes/ sir/ it was. 4 Q. Okay. Did y'all re8ognize -- just from being 5 -----

able to see who was in the truck?

6 A. Yes ^[1] sir/ we did. 7 Q. And who was that? 8 A. It was Mr. Greer and Ms. Campbell. 9 Q. And are they in a relationship; or at the time/

10 11 were they in a relationship?

i)'· A. That's what I understood/ sir. 12 !I L}:

Q. Okay. Was there anybody else in the truck? No ^[1] sir. A. Q. What ^[1] if anything/ did y'all do once the

Defendant and Ms .. Campbell had been identified as the people y'all were looking for?

A. Once we had identified them that they were -- we saw that they were in the vehicle and that the vehicle was driving down the roadway/ ~ had patrol units pull them over for the purpose of executing the arrest warrants.

Q. Okay. And you say "patrol units." Does that mean like the marked police cars that we see driving around?

I

A. Yes ^[1] sir/ it does. DENISE C.PHILLIPS ^[1] CSR ~ _________ · . ---~----------0--.~-~-~-~-~~~I-~~~~~T R:~~~~f--E--R---~--~---~--- 1

32

} ---. 1 Q. Where are the unmarked cars while that. stop is 2 being made? 1 3 A. we·~~ at various locations behind, beside ~nd ,. . ,.- ·:c..,. just kind of around the area of where the -- everything 4 ;} 5 is. ) 6 Q. So, all those vehicles that you described 7 earlier, the marked cars and the unmarked cars, are they

'~ 1.

8 all kind of right there together? } 9 A. Yes, sir. 10 Q. Okay. What happened when the -- I guess, the ~ 11 lead police car got behind the Defendant's truck and 12 turned the lights on? Did the Defendant immediately stop?

~- 13 A. No, sir, it looked like it took approximately a 14 block for him to go ahead and pull over and stop.

b ; 15 Q. Okay. Were there places he could have pulled u 16 over prior to the time that he did? . - - .. - . - -- . J ~-- 17 A. Yes, sir, there was. 18 Q. Ultimately, did any of y'all's vehicles, the

~ 19 Sheriff•s.Office vehicles, do anything to kind of 20 facilitate getting that truck stopped?

u 21 A. Yes, sir. A 22 Q. What happened? :}

23 A. One of the other vehicles, a black Tahoe, ended J 24 up pulling in front of the vehicle and pulling over and 1 25 stopping, and the driver of that vehicle actually ended up

DENISE C.PHILLIPS, CSR

T~-- ----------------- ----~~~~~~~~1~~~~-~T-~~~~~-~-E-R---~--------·---------~ }

33

l 1 at gunpoint hel~ing stop the vehicle. Q. Okay. So, using the cars, did y'all kind of.box 2

} 3 the truck in? l 4 A. Yes, sir. 5 Q. Okay. And you said something about gunpoint.

} Y'all were executing a warrant. Did officers get out with 6 t '-' 7 weapons drawn pointed at the Defendant's truck? 1

8 A. Some did~ yes, sir. ) 9 Q. Okay. And at that point in time, were both the Deferidant and Ms. Campbell arrested and taken into custody 11 on those warrants? A. Yes, sir, they were.

J

Q. Now~ I'm ~oing to MR. CALVERT: May I approach the witness, Judge? ~

THE COURT: Yes, sir.

Q. (By Mr. Calvert} I'm going to show you what's been

J

~ marked for identification purposes as State's Exhibit .}

No. 3. Have ·you reviewed that video of the stop?

A. Yes, sir, I have. ~

Q. And is that a fair and accurate recording of what

}

happened in terms of what y'all could see in the movement

23 of the vehicles? I 24 A. Yes, sir. } 25 Q. Okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

1-------~ -------------,-------2-7-2-N·B-DI-S'I'R-H~-T-GGUR'I''---------------- - - - - - - - ·- ~ . 34 MR. CALVERT: Judge, we would offer State's Exhibit 3. This has previously been provided to Defense counsel.

(State's Exhibit No. 3, Video, offered.) MR. GRAY: No objection. THE COURT: That will be admitted. (State's Exhibit No. 3 admitted.) MR. CALVERT: Permission to publish State's

Exhibit 3, Judge? MR. GRAY: No objection as previously agreed. MR. CALVERT: Judge';'''\t.h~ p<i:tties have a r _ . - - - · •• ··~ • < ' ,. " ' ' ' . ' ' : ' . stipulation .. xegaidi!lg 'the publishing o'f· this exhibit. And ·.-"';":··· ~ 14 pursuant ~o that stipulation -- we can put that on the

J

15 record-later. ' f.

16 THE COURT: Yeah. i ,_-/ . /

MR. GRAY: We have an agre·e'fhent·. 17 THE ~9URT: And I assume you have no further 18 19 objection other than your motion; is that right? 20 MR. GRAY: No, Judge, that's correct. THE COURT: All right. 21 Q. (By Mr. Calvert) Mr. Young, after while I'm 22 23 kind of getting this going, once the -- once the arrests 24 were made -- you said earlier, there was nobody else in 25 the Defendant's truck, right?

DENISE C.PHILLIPS, CSR

1 .. OFFICIAL COURT REPORTER 1- ,

- ---- ------- · ··------------------------.,.----- ----272ND--DrSTRicT--couRT ___________________________ ---·------------- \ 35 I ·._ ·;: ... : , .. :. l J 1 A. That's correct, sir. Q. How does that work? Describe for me and d~icribe 2

l j for the jury how that works when y'all make an arrest in a

3 vehicle, and the vehicle is just sitting in the middle of 4

J

5 the road, and everybody in the vehicle is now going to ~ :J jail. What do y'all do? What's y•all's procedure? 6 1 A. Well, to preserve the person's property in their 7

:!J

vehicle, make sure that nothing happens to it, that it's

8 il not stolen, damaged, whatever, a wrecker is called to pick 9

[J

up the vehicle and remove it to a secure location. 10 ~ Q. And do y'all have~- does.the Sheriff's Office 11 J 12 have a policy with what, if anything, you should do as arresting officers when you're going to have somebody's 13 } vehicle arid all the stuff in the vehicle towed away? 14 A. Yes, sir, we do. 15

~ Q. And describe for me what that is. What's your 16 ~ policy? 17 18 A. We will inventory the vehicle to have an } 19 accounting of all the property in it. 20 Q. Wha"t does that mean, "inventory"? Is that the

~ 21 same bhing as, like -- I mean, you've been a cop for a } 22 long time. You've searched a lot of vehicles, right? 23 A. Yes, sir.

} 24 Q. Is that what we're talking about? Like, where 1 r 25 you're looking for evidence?

DENISE C.PHILLIPS, CSR

i------

OFFICIAL COURT REPORTER

---------------------------------

272ND DISTRICT COURT

36 A. No, sir. 1 Q. What are you doing? 2

} Inventory, we're just going through and making a A. 3 4 list of all the items that are in the vehicle so that we 5 can show that this is what was present in it when it was

picked up by the wrecker. 6 7 Q. The -- we're having some computer problems over 8 here, so we're going to go get a replacement and then 9 watch the video. Okay? A. Yes, sir.

10 Q. After the arrests were made, did -- did you and 11 12 other officers engage in an inventory search like you're 13 talking about to document all the property that's in there to protect you and protect Mr. Greer? 14

J

A. Yes, sir, we did inventory the vehicle. 15 }

Q. And describe for me how that works.

Procedurally, how do you go about doing an inventory search.

A. We have a specific form that the Department has that as we go through and inventory the vehicle, items that are found in it are listed on it. We also have a description of the vehicle to include the tag number and the color, who was operating the vehicle at the time.

Q. Now, would it be correct in saying because this is an inventory and not an evidence search, y'all's

DENISE C.PHILLIPS, CSR

}--~-~- - - - - - - - - - - - - --------~~-~-~-~-~~~-r~~~-~-~T~~~-~-~~~~------------1----------- ]

37

l 1 policies limit you to, like, the passenger compartment, the trunk, the glove box, under the hood. You can't 2

J

starting ripping seats out or anything like that? 3 ] A. That is correct. 4 5 Q. Okay. Did you participate in the inventory

} search on the Defendant's truck? 6 7 A. Yes, I participated in the inventory.

J

Q. Describe for me and describe for the jury the 8 l condition of that truck and what it looked like, you know, 9 j 10 when you started getting in there looking through it? ~ 11 A. It's a small truck, kind of an extended-cab Ford 12 Ranger pickup; so, it's not a large passenger compartment.

J

13 And there was a lot of items that were stacked up in

J

14 there. 15 Q. Let's start, first of all, with the bed of the

J

16 truck. What kind of stuff was in the bed of truck? 17 A. I can remember a power winch, seems like pieces

J

18 of metal, various, I think, tools, such as that.

J

19 Q. Okay. In the cab of the truck is it is 20 that like a full-sized backseat or what's the

J

21 A. No, it's a small compartment. I can't remember J 22 if it had jump seats or a small fold-down bench, but it's 23 just a small extended area behind the seats in the

J

24 vehicle. Q. What kind of items did you find in the cab of the 25

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

J---~------ ~----~~----------2-7 2-ND-DTSTRTCT-COURT--------------------- ---------- }

38

l truck? What kind of condition was the cab of the truck? 1

J-

2 A. All kinds of clothing, just various items, a

J

cane, a bag that had a lot more clothing in it. 3 Q. Now, at one point -- well, let me back up a step. 4

~ 5 You're doing the inventory yourself, right? ~ A. I'm one of the ones doing the inventory, yes. 6 Q. You described that you found a bag with some 7

1 clothing in it, right? 8 ~ A. Yes, sir. 9 10 Q. The clothing that was in that bag, did it appear ~ 11 to belong to Mr. Greer or Ms. Campbell? 12 A. It appeared to belong to Ms. Campbell.

J

13 Q. Why do you say that? ~ A. Most of it was women's clothing, and it was very 14 small. Q. Okay. And Ms. Campbell is a little girl, right? A. Yes, she's very petite. Q. With regard to the -- well, did Ms. Campbell, for

example, did she have a purse in there? A. Yes. Q. So, it would be fair to say that some of the

stuff some of the items that were in the cab of the truck clearly were associated with Ms. Campbell, right?

A. Yes, sir. Q. And others were clearly not. Would that be fair?

DENISE C.PHILLIPS, CSR

l

OFFICIAL COURT REPORTER

---· ·----· ---- -·-- ---------------------~----2-72.:Nn-rrrsTRI CT-COUR T --------------------------~ ------·-----·-----· l

39

l A. Yes, sir. 1 2 Q. At one point, did you recover a -- a large black

J

leather jacket? 3 1 4 A. Yes, sir, I did. cJ 5 Q. And describe for me where that was in the truck. ~ 6 A. It was in the back compartment area behind the 7 seats, just laying with the rest of the items that were

J 8 back there. J 9 Q. Okay. Was it buried under a bunch of stuff or 10 mixed in with Ms. Campbell's stuff or in her bag of u 11 clothing or anything like that? 12 A. It was laying out there with the rest of the n

c.l

13 items that were there. ~ 14 Q. Okay. 15 A. It was not in the bag of clothing.

~ 16 Q. While you were doing the inventory search, did 17 you did you pick up that jacket? ~ 18 A. Yes, sir, I did. u 19 Q. Did you notice anything about it when you picked 20 it up?

~ 21 A. It seemed a little bit heavier on one side than J 22 the other. 23 Q. Okay. What did you do after you noticed that it

~ 24 was heavier? 25 A. I checked the pockets of the jacket.

J

DENISE C.PHILLIPS, CSR

j. -- --------- --------------- OFFICIAL COURT REPORTER 272ND DISTRICT COURT :]' l

40 l 1 Q. When you checked the pockets, what did you find? 2 A. I found a small .22 revolver in the pocket.

l 3 MR. CALVERT: May I approach the witness, 4 Judge?

J 5 THE COURT: You may. j 6 Q. (By Mr. Calvert) I'm going to show you what's been 7 marked for identification purposes as State's Exhibit 10

1 8 and ask you do you recognize that? 9 A. Yes, sir, I do.

J 10 Q. And is this the jacket that you pulled out of the ~ 11 Defendant's truck? 12 A. Yes, sir, it is.

J

13 Q. And is it in the same or substantially the same ] 14 condition today as it was when you pulled it out of the 15 truck that day?

J

16 A. Yes, sir, it is. 17 Q. I'm now going to show you what's been marked for

ij 18 identification purposes as State's Exhibit 11 and ask you ~ 19 if you recognize that? 20 A. Yes, sir, I do. 21 Q. Is that the pistol that you pulled out of State's 22 Exhibit No. 10? 23 A. Yes, sir, it is. 24 Q. And is that in the same or substantially the same 25 condition as it was when you found it? I .

. DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

. -------- ···- ----- ----------------------------~7 2ND DISTifiCT-COURT 0

41

0 1 A. Yes/ sir. MR. CALVERT: Judger we would offer State's 2

0 Exhibits 10 and 11. Defense counsel has previously had an 3 0 opportunity to look at each of these. 4 (State's Exhibit Nos. 10-11 ^[1] Jacket and .22 5

0 Pistolr offered.) 6 MR. GRAY: No additional objections other 7

0 than what we talked about earlier ^[1] Judge. 8 0 THE COURT: Thank you. That will be 9 admitted. 10 0 (State's Exhibit Nos. 10-11 admitted.) 11 0 MR. CALVERT: Your Honor/ may the witness 12 step down? 13

0 THE COURT: Yesr he may. 14 15 .Q. (By Mr. Calvert) Can you come down here/ Terry?

0 A. (Witness complied.) 16 0 17 Q. NOW ^[1] this jacket and this pistol -- I'm going to 18 take this -- I've had Ernie check it and make sure it's

0 19 not loaded. It's not loaded/ right? 0 20 A. That's correct/ sir. 21 0 22 Q. Where was this in this jacket? A. It was in this pocket. 23

0 Q. Okay. Now/ I notice on State's 10 ^[1] the jacket/ 24 0 there's a big rip at the bottom of this pocket. Is 25 DENISE C.PHILLIPS ^[1] CSR -Q-------- ----·---------------0-~-~-~~~~~T~~~-~~T~~~~:~-E_R - - - - - - - - - - - - - - - -1 - - - - - - - 0 0

42 that -- if you put something in there, is it going to 1 eventually come out of the bottom? 2 A. No, sir. 3 0 Q. Okay. What's poking out there? 4 A. This is the pocket itself on the inside of the 5 0

jacket.

6 Q. Okay. So, it's just the exterior that's ripped 7 0

and not the interior?

8 0 A. Yes, sir. 9 Q. All_ right. Thank you, sir. Have a seat. 10 0 A. (Witness complied.) 11 A silly question, Terry, but State's Exhibit D Q. 12 No. 11, is that a firearm? 13 0 14 A. Yes, sir, it is~ MR. CALVERT: Judge, I think we're going to 15

0 go ahead and publish State's No. 3. 16

D

THE COURT: Has that been admitted? 17 MR. CALVERT: It has, Judge. 18

0 THE COURT: All right. 19 20 {State's Exhibit No. 3, video, published.) 0 Q. (By Mr. Calvert) Terry, !.know it's kind of hard 21 0 to see in the courtroom, but right there (indicating), is 22 that the Defendant? 23

0 A. Yes, sir, it is. 24 0 Q. What is he wearing? 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

---- - - - -----------------------------272Nn-nrsTRICT-CC:51.JRT ___________________ --------------- n

43

o .. , A. Wearing a tank top and camouflage pants. 1 Q. Okay. That's February, right? 2

D

3 A. Yes, sir. 0 Q. I notice a lot of you guys were wearing jackets 4 5 that day; is that right? 0

A. Yes, sir.

6 Q. Was the Defendant wearing any kind of jacket at 7

0 all when y'all took him into custody? 8 0 A. No, sir. 9 10 Q. Okay. Where are you? Are you in the video right 0 now? 11 0 12 A. I'm on the passenger side? Q. You're right over in here (indicating)? 13 0 14 A. Yes, .sir. Q. Okay. What's going on right here? 15

0 A. At this pod:·n.t, they're getting everybody secured. 16 ·- 0 17 Q. Was Ms. Campbell -- was she in the front in the 18 passenger seat?

0 A. Yes. 19 0 20 Q. Okay. The -- would it be fair to say so we don't 21 waste a lot of the jury's time -- the next, you know, 15, 0 22 20 minutes of this video is just kind of this, right? 23 A. Yes, sir.

0 24 Q. It's just y'all walking around -- 0 A. Yes, sir. 25

DENISE C.PHILLIPS, CSR

0------------ - ----------------------0~-~~~~~~T~~~~-~T~~-~~~~-E_R _______________ ------~- 0 n

44 0-- Q. -- doing stuff with the truck, right? 1 2 A. Yes, sir.

0 Q. All right. Now, right here (indicating), who's 3 4 that that we're looking at the back of? D A. That's Ms. Campbell. 5 0 6 Q. Okay. Now, I notice on here she's wearing a 7 coat, right?

0 A. Yes, sir. 8 0 Q. Who's that talking with Ms. Campbell? 9 10 A. That's Investigator Ledesma. 0 11 Q. Rick Ledesma? 0 12 A. Yes, sir. 13 Q. Is he another Sheriff's deputy?

0 14 A. Yes, sir. 15 Q. Now, Terry, where are you right now? Is this the

0 16 point in time where y'all are inventorying the truck and 0 17 seeing what's all in there? 18 A. Yes, sir, it is. And I am on -- still on the

0 19 passenger's side right there (indicting). 0 20 Q. Is that you standing basically right inside the 21 open passenger's door? 0 22 A. No, I'm standing more toward the back here. I 23 just set a case of some kind up on the side of the truck

0 24 and opened it to look inside it. 0 25 Q. Okay.

DENISE C.PHILLIPS, CSR

-0~-- -- ----~-- ---------------- 0 ~-~-~~~~~T~~~~~T~~~~~~~-R--~---_-~---~- -~~--~- Ll D

45 0 1 A. I'm got a dark jacket. That's me walking -- Q. That's you walking right there (indicating)? 2

D

3 A. Yes, sir. 0 Q. What are you holding up right there? I know it's 4 hard to see on here, but -- 5

0 6 A. I believe I'm holding up the black jacket. 7 Q. Okay.

0 A. That's what it looks like. Yes, sir. 8 0 9 Q. Would that be the point in time when you pulled 10 that out of the truck and started going through the 0 pockets? 11 0 A. Yes, sir. 12 13 Q. Now, right there, was that your hand that we saw 0 14 reach up on top of the truck? A. Yes, sir, it was. 15

0 Q. What was that? 16 0 17 A. That was the pistol I found. I was setting it on 18 the roof of the truck for safekeeping.

0 19 Q. Okay. So, that was -- was that literally the 0 20 moment when you found that gun and pulled it out of that 21 jacket that you were holding up? D 22 A. Yes, sir. 23 Q. okay. Now -- 0 24 MR. CALVERT: M~y I approach the witness, 0 25 Judge?

DENISE C.PHILLIPS, CSR

-8--------

OFFICIAL COURT REPORTER

-----------------z72ND-DrSTRTCT-COURT ________________ , 0 [J

46 0 THE COURT: Yes, sir. 1 Q. (By Mr. Calvert} I'm going to show you -~well, 2

0 3 let me show you State's Exhibit No. 11 again. Now, this is that gun we just saw you take out of the jacket and put 4 D 5 on the truck, right? 0 A. Yes, sir, it is. 6 Now, I notice that it's got some appears to be 7 Q.

0 powder kind of all over it. Can you tell me what that is? 8 0 9 A. That is part of the fingerprinting process. It's 10 some residue left from it. 0 Q. Did you and other officers try to lift 11 0 12 fingerprints off that weapon to see if there were any there? 13 0 A. Yes, sir, we did. 14 Q. Let me back up for a step. You watch TV, right? 15

0 A. Yes. 16 0 17 Q. And "CSI" is exactly how it is in real life, 18 right?

0 A. No, sir. 19 0 20 Q. No. With regards to fingerprints, is it -- is it 21 easy, or is it even common to actually find fingerprints 0 22 on something like a gun? 23 A. It's common to find maybe little partial pieces.

0 24 Q. Let me clarify what I'm talking about. That was D 25 a bad question.

.DENISE C.PHILLIPS, CSR

fl .. ·

OFFICIAL COURT REPORTER

t:J __________ ---- -------------------··-----------------z72ND-DI STRTCT-COURT ________________________ ------------------- D 0

47 0 Is it common to find actually usable 1 identifiable prints on a gun? 2

0 3 A. No, sir, it's not that common. 0 Q. Okay. Even if people are touching it? 4 5 A. Correct.

0 Q. Did you attempt to find usable fingerprints on 6 7 State's Exhibit No. 11?

0 A. Yes, sir. 8 0 Q. And were there any usable prints at all of 9 10 anybody on there? 0 A. No, sir, there were no prints on there that could 11 0 12 be identified. Q. Okay. Now, when y'all were going through -- when 13

[j 14 y'all were going through the truck, you told me earlier 0 15 that-Ms. Campbell had a bag of clothing, like a duffle bag 16 full of her clothing in there, right? 0 17 A. Correct. 18 Q. And when you're inventorying something like

0 19 clothing, do you also go through the pockets and see 0 20 what's all in that clothing? 21 A. Yes, sir.

0 22 Q. Did you do that in this case? 23 A. Yes, sir.

0 24 Q. When you were going through Ms. Campbell's 0 25 clothing

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REP__::O::_:_R.:_:T~E~R~---------I---------

-8------~-

272ND DISTRICT COURT

D 0

48 0 1 MR. CALVERT: May I approach the witness, 2 Judge?

0 3 THE COURT: Yes, sir. fJ 4 Q. {By Mr. Calvert) I'm first goirig to show you what 5 has been .marked for identification purposes as State's 0 6 Exhibits 4 through 9 and ask if you recognize those? 7 A. Yes, sir. No. 4 is the jacket. No. 5 is a

0 8 close-up of the pocket, the torn pocket. No. 6 is a 0 9 photograph of the pistol. No. 7 is a photograph of the 10 bed of the pickup and items in it. 0 11 Q. And then we'll start with these. Are all of 0 12 these -- well, actually are all of these, 5 through 9 13 4 through 9 -- excuse me -- are all of them fair and

0 14 accurate depictions of what y'all were photographing out 15 there as you were doing the inventory?

0 16 A. Yes, sir, they ar~. 0 17 MR. CALVERT: We would offer State's 18 Exhibits 4 through 9.

0 19 {State's Exhibit Nos. 4-9, Photographs, 20 offered.) 0 21 MR. GRAY: No objection. 0 22 THE COURT: No further objection. Those 23 will be admitted.

0 24 (State's Exhibit Nos. 4-9 admitted.) 0

25

Q. {By Mr. Calvert) Now, these photographs, some of DENISE C.PHILLIPS, CSR B---------- OFFICIAL COURT REPORTER -·-----------------~2,-=7::-:2=-=N:-.:.n=--=n-==I:-:s=T=Ro-cio:-c=T=---==c:-oo-.:cuo-=RT _____________ _ 0 0

49 D- 1 these are just kind of like the stuff you talked about in '.

2 the bed of truck and that gun, State's Exhibit No. 11, the 0 3 jury has already seen, right? u 4 A. Correct. 5 Q. The -- I want to talk about State's Exhibits 8 0 6 and 9. First of all, State's Exhibit No. 9, is that a 7 pair of blue jeans?

0 8 A. Yes, sir, it is. 0 9 Q. And did that come out of the duffle bag that 10 contained Monishia Campbell's stuff? 0 11 A. Yes, sir, it did. 0 12 Q. And State's Exhibit No. 8, is that a close-up of 13 that same pair of jeans? 0 14 A. Yes, sir, it is. 15 Q. Now, in the pocket of this pair of jeans, did

0 16 y'all find a bullet? 0 17 A. Yes, sir, we did. 18 Q. And is the bullet that you found in State's

0 19 Exhibit -- in those jeans, is that shown in State's 20 0 Exhibit No. 8? 21 A. Yes, sir, it is. 0 22 Q. And what type of bullet was that? 23 A. It's a .22 long rifle.

0 24 Q. Okay. Now, let me back up for a minute because D- 25 you said that -- you said in almost 30 years of law DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

B~-------- - - - - - - - - - - - - - - - - - - - - - - - - - ---------2-72ND--DrSTR.tCT-CbURT 0 0

50 0 enforcement, you have some familiarity with firearms; is 1 that fair? 2

0 A. Yes. 3 ll Q. Now, you said that bullet that was in those jeans 4 is a .22, right? 5

0 A. 6 Correct'~, \ Q. And this is a .22, right? 7 0 A. Yes, sir. 8 0 Q. So, does that bullet go with this gun? 9 A. No, sir, it does not. 10 0 Q. Why not if they're both .22s? Explain that to 11 0 the jury. 12 A. The bullet that we found is a .22 long rifle, 13 ·0 14 which is a different round. The pistol is chambered only - 15 for .22 short. The .22 short round is substantially 0 shorter. The .22 long rifle, if it's put in the cylinder 16 0 17 of this, it's too long and sticks out a little bit -from the end of the cylinder. 18

0 THE COURT: Do you mind checking that in the 19 u 20 presence of the jury to make sure it's clear? 21 MR. CALVERT: We've done it twice. But we 0 can do it again. 22 THE COURT: I like to do it in front of the 23

0 jury. 24

D

25 (Witness checking weapon.)

DENISE C.PHILLIPS, CSR

n ·o·--· ---------·- ----:--··--------------~-------2-7~ND-DISTR]:CTCOURT----------------·----·--· ------·----------- OFFICIAL COURT REPORTER u 0

51 0 1 THE WITNESS: Yes, sir. 2 THE COURT: Okay.

0 3 Q. (By Mr. Calvert) With regards to the difference u 4 between .22 long and .22 short, you said if you put a .22 5 long rifle bullet like that one into that gun, it would -- n 6 what would happen? A. The end of it sticks out of the cylinder, and it 7 0 8 won't rotate. 0 9 Q. Okay. I now want to show you three bullets that 10 I've ·marked for identification purposes as State's Exhibit 0 11 13, and I ' l l put these in the Baggie later. But do you 0 12 recognize what these are? 13 A. Yes, sir.

0 14 Q. And to be fair, these are not the same -- they're 15 not the actual bullet -- the single bullet that came out

0 16 of that pair of jeans, right? 0 17 A. No, sir, they are not. 18 Q. Did we ask you to bring these up here

0 19 yesterday or we asked the Sheriff's Office to bring u 20 them up? 21 A. Yes, sir, you did. 0 22 Q. Are these the same type of bullet as the one that 23 was in Monishia Campbell's jeans?

0 24 A. Yes, sir, they are. 0 25 Q. And yesterday, did we actually -- did you witness o~-- ------- -------------------------~~--0---=~-=~=~~~=~:-A""'~""'I=-~=~=~=~-~==TcR--~c:-=:~g:~E~-------------------- ------------

DENISE C.PHILLIPS, CSR

u 0

52 0 1 us actually try to put those in this weapon? n 2 A. Yes, sir, I did. 3 Q. And will they fit in the chamber? 0 4 A. Yes, they will fit in the chamber. 5 Q. Could you fire this weapon with those rounds?

0 6 A. No, sir. 7 Q. Why not? 0 8 A. The cylinder won't rotate into the proper 0 9 position for it to fire because the end of the bullet 10 sticks out and catches. 0 11 Q. Okay. So, these are too long? 0 12 A. Yes, sir. 13 Q. Now, with regards to the bullet in Monishia 0 ; 14 Campbell's jeans, did y'all actually seize that and take 15 it into evidence? 0 16 A. No, sir. 0 . 17 Q. Why not? 18 A. It wasn't illegal for Monishia Campbell to 0 19 possess that. 0

20

Q. Had the bullet that was in Ms. Campbell's jeans 21 or any bullets that you found anywhere else in the -- in 0 22 the truck, had they been the same type of ammunition that 23 goes with State's Exhibit No. 11, would you have kept

D 24 those? D 25 A. Yes, sir. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0-~---- -~---------

272ND DISTRICT COURT

n

53

0 Q. Was the fact that it was a different type of 1 ammunition a reason why you didn't keep it? 2

0 A. Yes, sir. 3 0 Q. And is it -- was it illegal at all for Monishia 4 Campbell to have that? 5 0 A. No, sir. 6 0 Q. Okay. 7 A. It was not. 8 0 I'm now going to show you State's Exhibit Q. The 9 No. 12, this is an envelope, but you know what's contained 10 0 in that envelope? 11 0 A. Yes, sir, I do. 12 Q. And are those the .22 short bullets that were 13 0 14 actually loaded in State's Exhibit No. 11 when you found it? 15

0 A. Yes, sir, they are. 16 0 17 Q. Okay. So, it was loaded and ready to shoot? 18 A. Yes, sir.

0 19 Q. Okay. Are these in the same or substantially the 0 same condition as they were when you pulled them out of 20 21 that gun other than the fact that they're now in the 0 22 envelope? 23 A. Yes, sir.

0 24 MR. CALVERT: We offer State's Exhibit 12, 0 25 Judge.

DENISE C.PHILLIPS, CSR

-8-------_______________ o~-~~~~A~T~~~~~T R~~~~~E~------,------ 0 n ~-

54 0-~- 1 (State's Exhibit No. 12, Bullets from Weapon, offered.) 2 0 MR. GRAY: Would you open them? I'd just 3 0 4 like to look at the bullets themselves. Q. (By Mr. Calvert) I've just handed you the contents 5 0 of State's Exhibit No. 12. Are those the .22 short rounds 6 0 that you found in the gun? 7 A. Yes, sir, they are. 8 0 MR. CALVERT: Any objection? 9 10 MR. GRAY: No objection. 0 THE COURT: Those will be admitted. 11 0 12 (State's Exhibit No. 12 admitted.) 13 THE COURT: State's 12 is admitted. 0 14 Q. (By Mr. Calvert) Terry, briefly 15 MR. CALVERT:. May the witness step down for 0 16 a second? 0 17 THE COURT: Yes, sir. 18 Q. (By Mr. Calvert) Terry, if you could come down

0 19 here. 20 A. (Witness complied.)

0 21 Q. For folks that may not be very familiar with 0 22 firearms, could you just describe for me in kind of 23 laymen's terms how a revolver works? And you can use

0 24 State's Exhibit 11 if you need to to kind of demonstrate. 0 25 A. Yes, sir.· Once again again, I'll go through DENISE C.PHILLIPS, CSR B ----------- OFFICIAL COURT REPORTER ---------------------272ND-D'I-S'l'R"ICT-C"'O' ... U""'R""T"---~~----~--·----~·-

D

[J 55

1 and show that it's empty. The cylinder is empty. Bullets D--- 2 will go into the cylinder in these different holes that 0 3 you see, and they sit there. 0 4 Whenever you pull the trigger on this -- and 5 it's empty obviously--- the hammer comes back, The

D

cylinder rotates into positi~n to put a bullet underneath 6 7 it, and the hammer goes so far back, and.then it will snap

0 8 forward and the firing pin -- this little thing on'the 0 9 trigger (indicating) -- will impact the round causing it 10 -to go off. The bullet will then exit the ba~rel in 0 11 whatever direction you have it pointed. 0 12 And every time you cock it or pull the 13 trigger back, it will rotate up a ne~ round into the 0 14 chamber. 15 Q. Now, you said earlier that these .22 long rifle

'0 16 bullets are too long, and they don't they'll stick out ---- 0 17

the front end, right? 18 A. Yes, t-hey stick out the front of the cylinder 0 19 just a little bit._ As _you can see, there's some fairly 20 close tolerance between the frame and t.he cylinder. And 0 21 whenever it tries to rotate the nose of the bullet will ,;/: 0 22 impact the frame causing it to riot rotate. 23 Q. And if you could come up here. This right here

0 24 (indicating), is this one of the bullets that's in State's 0 25 Exhibit-No. 12 that was actually loaded in that weapon?

DENISE C.PHILLIPS, CSR

o~-~--~~~~ ----~~------~---~~~~~~~T~~~~-~T~~~~:~~----------- - - - - - - 0 0

56 0--, 1 A. Yes, sir. .:.;i 2 Q. And -- now, I'm going to show you one of the long [] 3 rifle bullets. Is that -- I mean, is there a fairly 0 4 substantial size difference, length difference between 5 those two? 0 A. Yes, sir, there is. 6 Q. And is that a problem with this ammunition going 7 0 8 in that weapon? 0 A. Yes, sir, it is. 9 10 Q. Okay. Thank you, sir. D 11 You can have a seat. 0 12 A. (Witness complied.) 13 Q. Now, you said that -- you told the jury earlier 0 14 that the truck that the Defendant was driving was his, 15 right?

~0 16 A. Yes, sir. ,Q 17 Q. Now, we can agree, right, that the -- the jacket, 18 State's Exhibit No. 10, was not on the Defendant at any

0 19 point while y'all were out there, right? 20 0 A. That's correct. 21 Q. What was there about that jacket and the 0 22 circumstances -- I don't want you to go into what anybody 23 said -- but about the circumstances of that jacket that

0 24 led you to conclude that that jacket belonged to the d 25 Defendant as opposed to Ms. Campbell?

DENISE C.PHILLIPS, CSR

_g_: _________ --------------------------0-~~~~~~~ I ~~~~~T~~~~:~-ER _____________________________ ._ D 0

57 Q, A. The fact that the jacket is an extra large size, 1 n 2 and that would be about the right size to fit the Defendant, being quite a bit bigger than what Ms. Campbell 3 -,· 0 would wear.

4 Q. Okay. As I think you showed us in the video 5

1J earlier, Ms. Campbell was already wearing a jacket, right? 6 0 A. Yes, sir, she was. 7 MR. CALVERT: I'll pass the witness at this 8

D

point, Judge. 9 THE COURT: All right. Cross-examination? 10 ·o MR. GRAY: Thank you, Judge. 11 0 CROSS-EXAMINATION 12 BY MR. GRAY: 13 [] Q. You actually assisted Deputy Ficke in the 14 inventory; is that right? 15

D

A. Yes, sir, that is correct. 16 0 Q. Okay. And did he actually prepare a report 17 separately from yours? Do you know? 18

D A. Yes, sir, he did. He did an inventory sheet. 19 0 20 Q. Okay. And let's talk about that inventory sheet a little bit. You did not actually fill out that 21

D

inventory sheet; is that right? That was Ficke; is that 22 correct? 23

[J

A. Yes, sir. 24 0 25 Q. Okay. Now, I understand that the Prosecution had _ ; DENISE C.PHILLIPS, CSR n tl ________ ---------------------2-7·2-NI:)".IJ:tST:R!cr.r-CbURT _________________ -----··----~

OFFICIAL COURT REPORTER [J n

58 Q, asked you as far as the vehicle -- who were you riding 1 2 with actually whenever the vehicle was pulled over?

0 A. I was by myself. 3 0 You were by yourself. Okay. 4 Q. 5 And so, the vehicle goes a short distance,

0 6 would you agree with me, before it comes to a stop? 7 A. Yes, sir. 0 8 Q. Okay. Now, were you actually watching, I guess, 0 9 your camera and your speedometer and, I guess, things of that nature to see how fast he was traveling? 10 0 11 A. I didn't have a camera. I wasn't in a marked 0 12 unit. I was a little ways behind, so I don't know what 13 speed it was. 0 14 Q. Okay. You in no way felt he was speeding in any way at that point? 15

)

l

16 ·A. From what I've seen on the video, no, sir. 0 17 Q. How far back were you, I guess? 18 A. I may have been about a block or so behind

0 19 everybody else. Q. Okay. But you could, I guess, see from your [} 20 H e.Vp ~ ·S ~-e. vantage point 21 ~ 22 A. Yes, sir. 23 Q. -- the white vehicle pulling in front of him and

0 24 the stop and everything? 0 A. Yes, sir. 25

DENISE C.PHILLIPS, CSR

-0-~ -~ ---· ---------~------~~!~-~~~~-1-~~~~~T~~~~-~~~~-~-------~--- ------------- 0

1 59 l 1 Q. Okay. And you didn't witness any type of a traffic violation or anything of that nature; is that 2

] 3 right? } A. That is correct. 4 5 Q. Now you-all did not have a search warrant when

J

you actually inventoried that victim; is that right? 6 ] 7 A. That is correct, sir. 8 Q. And, David -- I guess when you began your se~rch, ] 9 he was in custody and in handcuffs; is that correct? 10 A. Yes, sir. ~ 11 Q. Okay. And so, it wouldn't really be possible for him to get at any evidence or tamper with something or go 12 ~ for a knife or anything like that; is that right? 13

J

14 A. That is correct, sir. 15 Q. And that's primarily the reason that you want to

J

16 secure -- secure the scene or secure whatever the area the ~ 17 car is to make sure that the occupants are detained. 18 They're handcuffed. They're away from any potential

J

19 problem for law enforcement or the evidence; is that 20 right?

~ 21 A. Yes, sir. 1 22 Q. Okay. Now, I know you indicated that it was an 23 inventory-type search, and there is -- the Sheriff's 24 Office does have a policy that you-all are to follow in

} 25 regards to that; is that correct?

DENISE C.PHILLIPS, CSR

l------·---- ----------------0~-~~~~~~T~~~~-~T~~~g~~-E_R ____________ -----:- ----·-------- ] 60 l

A. Yes, sir. 1 l Q. Okay. And you're familiar with that policy? 2 ] A. Yes, sir. 3 Q. Prior to the actual searching of the interior, I 4

J know that the Prosecutor had alluded or you had mentioned 5 }

that the truck was sort of in disarray; is that fair to

6 say? 7 ~ A. Yes, sir. 8 1 Q. Okay. So, there was a lot of stuff in the 9 backseat as well as the front or just primarily the back? 10 ~ A. Primarily the back, but there was stuff 11 everywhere. 12

~' Q. Stuff everywhere. 13

I

And did you have an opportunity to take any 14 15 pictures; or to your knowledge, did anyone take any

J

pictures, I guess, of the interior of that cab and where 16 ~ the different items were located prior to starting the 17 search? 18 1 A. No, sir. 19 20 Q. Okay. So, can you remember precisely as to that black jacket, its location? 21 A. Precisely in the back compartment where it was? 22 No, sir, I cannot. 23 24 Q. Okay. Is it possible that some other clothes 25 were on top or other items on top of the jacket as well?

DENISE C.PHILLIPS, CSR

. OFFICIAL COURT REPORTER I · - ·--- · --~--·-- --·------------·---------· ---·-·-------2-?2ND--rn-STRrCT-COT:JRT---·-------·-··-- ----------- ---- -------------

[J 61 A. It's possible, sir. 1

D---

Q. Now, I know you had indicated that you had -- you 2 had lifted the jacket up, and it felt heavy, and that's -- 3

0

I guess, that's what clued you into the gun was in there,

4 5 and that's when you located the gun; is that right?

0 A. Correct. 6 Q. Okay. Was there any other identifying 0 7 information, driver's license, anything like that in the 8 0 coat? 9 10 A. No, sir, there was not.

.D

11 Q. Okay. Now, we talked a little bit about the 0 12 report; but as the Prosecutor had indicated, the purpose 13 of the inventory report is to list all items in the

0 14 vehicle because if it gets towed away, you don't want to 15 have a liability-type issue; is that correct?

.G

16 A. Yes, sir. 0 17 Q. Okay. And that's why you go through, and you 18 list everything that's -- that you find in the truck; is

0 that correct? 19 0 20 A. Yes, sir. 21 Q. Okay. Now, I know you indicated that Officer 0 22 Ficke or Deputy Ficke, I guess, had -- had actually filled out the report; is that correct? 23

0 A. Yes, sir. 24 1 Q. Okay. And then, it's to be signed by the officer 25 1

[

DENISE C.PHILLIPS, CSR

\1

OFFICIAL COURT REPORTER

.-t::J--- ---------------------------------------- ---- ------272ND-DI-STRTCT---coURT-----~------------ ----- ------------ 0

62

doing the inventory and then the wrecker driver and then also the owner of the driver of the vehicle when feasible; is that right?

A. Yes, sir, I believe that's correct. Q. Okay. And have you reviewed that report at all,

that inventory report? A. Not recently, sir. Q. Okay.

MR. GRAY: May I approach, Judge? THE COURT: Yes, sir.

Q. (By Mr. Gray) Just in all fairness, I don't want to -- if you haven't looked at it, I want to give you an opportunity to. Kind of focusing in on the bottom there as far as the signatures. It does have Deputy Ficke's --

A. Yes, sir. Q. -- signature. Okay. And then, we also have the

wrecker driver; is that right? A. Yes, sir, we do. Q. Okay. And then -- but we don't have any type of

signature from Mr. Greer; is that correct? 1 A. That is correct, sir. 21 } 22 Q. Okay. And you didn't sign the form because you 23 didn't actually fill out the form; is that right?

J

A. That is correct. 24 } 25 Q. Now, the reason that you have the vehicle towed

DENISE C.PHILLIPS, CSR

~-···_· ___________________________ o_~-~~~-~~~I~~~~~T~~~~~~E __ R _______________________ _ 1

63

l-. 1 and -- and, therefore, you have to inventory it to make sure, you know, nothing comes up missing, is because 2

} there's no one there to drive the vehicle away; is that 3 } 4 right? A. That is correct, sir. 5

n

:J

Q. So, there's certain situations, though -- I know

6 7 all law enforcement makes a lot of alcohol-related arrests n u

8 in this towp; is that fair to say? u 9 A. Yes, sir. Q. Okay. That there are times where we may have an 10 ~ 11 intoxicated driver, someone you believe to be intoxicated 12 who may have a passenger who's not; and you'll let that

~ 13 person drive the vehicle; is that correct? u ' A. Yes, sir, I have seen that. 14 Q. Okay. That wasn't the case here because Monishia 15

~- ) 16 was also placed under arrest; is that right? 17 A. That's correct, sir. ~ 18 Q. But there has been opportunities where you've ~ 19 allowed folks to call a loved one or primarily if it's a } 20 college student, their parents, something of that nature 21 to allow them to come get the gun -~ the car; is that

J

22 correct? 23 A. I've seen it happen, yes, sir.

~ 24 Q. But that didn't happen in this case, though, did n 25 it? u r- --- --· ---_____________________ o_""'!!~-~-~~~r~~~-~-~T~~~-~~~-E_R _______________ -------------·

DENISE C.PHILLIPS, CSR

}

64

A. No, sir, it did not. Q. And I know the Prosecutor has already talked

about this .22 shell that was found in the -- I guess it was a pair of jeans; is that right?

A. Yes, sir. Q. And those were size 5? A. Yes, sir. Now, are there -- I know there's talk -- he Q.

talked about and you talked about the .22 short and the . 2 2 long rifle. Is there also, though, a .22 long --

A. Yes, sir. Q. shell?

Okay. And where does that fall, I guess A. It's between the .22 short and the .22 long rifle -- Q. All right. A. -- size-wise. Q. And so, you indicated -- and did you -- you did

actually try to place the .22 long rifle shell in the in the chamber of this particular gun; is that righ~?

A. We did with counsel, yes. Q. Okay. And then -- and we won't do it in front of

the jury, so we're not loading the pistol in the courtroom, but fair to say it wouldn't rotate?

A. Correct.

DENISE C.PHILLIPS, CSR

~- - --~·- ~---------------------~---~~!-~-~~~~1-~~~~~~~:~g~~~-~~-------- ------- l J l

65

J_ Q. Okay. Now, you would agree with me it just 1 protruded by a hair. It wasn't by much; is that right? 2

J

A. That is correct. 3 Q. Okay. Would you, therefore, agree with me that a 4

J

.22 long would likely fit in there, in that particular 5

J

chamber as it would be a little bit shorter? 6 A. Yes, you're right. It probably would. 7

l J

Q. Okay. And as to that .22 caliber shell that was 8 found in those size 5 jeans, that was not collected; is 9 J that correct? 10

J

A. That is correct. 11 Q. Okay. We have a photo of it, but we don't have 12

J

the shell; is that fair to say? 13 J 14 A. That's correct, sir. Q. Okay. And there's not really -- I tried to blow 15 ~ it up. There's really no markings or indications that I 16 . ~.-. 17 could see as far as a brand or anything of that nature. ~ Is it at least possible that that could have beeR a .22 18 ~ long, that shell? 19 A. I don't believe it was, sir. 20

J

Q. But is it possible? 21. ~ A. I don't think so, sir. 22 Q. Why is that? 23 24 A. I've had a lot of experience with .22s, and my 25 personal belief is that it's a long rifle.

DENISE C.PHILLIPS, CSR

L- -· --- -------- -----------0~~-~~~~~~~g~~~T-~~~~~~!...-E._R _________________ ------------ ]

66

l-

Q. You'd agree with me, though, that if we actually

1 had it here, that would be the better option, correct? A. Yes, sir. Q. That way we could try that particular shell

ourselves? A. Yes, sir. Q. Now, I know that you and the Prosecutor have

talked and had taken a look at the pistol and tried the shells and things like that yesterday, but that pistol had any kind of ballistics tests or anything never been like that; is that correct?

A. No, sir. I know you indicated it's a firearm, but you Q.

don't, in fact, know whether or not that pistol can fire a shell?

A. No, sir, I have not tested that personally. Q. Now -- and I know you've worked different crime

scenes in your experience; is that correct? A. Yes, sir. Q. Anywhere from DWis all the way up to murder; is

that fair to say? A. Yes, sir. Q. Okay. Now -- and I understand that every

every offense is different. Every crime scene is ~ different. But it is possible to swab certain types of 25

DENISE C.PHILLIPS, CSR

~------- -------- ----------- ------------0~-~-;-~~~~±~~~~~T R~~g!~E~-------------- ___________ _

J

67

J

l-.

1 evidence and then have that sent off to the DPS lab to 2 test for DNA; is that right?

J

A. Yes, sir. 3 4 Q. And I guess the way that it works is you have a

J piece of evidence, you know, potentially a knife or even a 5 J gun in this particular case; and you could swab -- 6 potentially swab the different areas that you believe 7

J

8 would have likely have come in contact with a potential 9 suspect's hands; is that correct?

J 10 A. Yes, sir. ~ 11 Q. And would you agree with me some of those key 12 areas would be the trigger, the hammer and the handle?

~ 13 A. Yes, sir. ~- Q. Okay. And so, it is at least possible to take a 14 15 swab of those areas and then send that off to the DPS lab

~ 16 and then get a known sample from various suspects; is that 17 right?

~ 18 A. Yes, sir. J 19 Q. For example, it would have been possible to at :1 20 least get a sample from David Greer as well as Monishia; d--------- ------------·-----------·---·---- -----·------------·---- -----------------

21 is that correct? 22 A. Yes, sir. 23 And for that matt;:er any other potential suspects

J 24 that you may have had; is that right? 25 A. Yes, sir.

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~~-. d · -- -- ·-------- -----------·-------------------·-2-!J-2-NB-B±·S'P-R± G-'I'--C0HR '1'-----------------------------· ----------------------- J l

68 Q. Okay. And then the DNA in your experience, whenever it is sent off to the lab, the crime lab, they J compare those to see if there's a match; is that correct? A. Yes, that is correct. They can't always get a complete match. Q.

Sometimes they even get a partial match; is that right? A. Yes, sir, I believe that's correct. Q. Okay. And so -- and the reason we do that is it

can it cannot only link a p~rticular suspect to a crime, but it can also potentially exclude those folks from the crime as well; is that right?

A. Yes, sir. Q. That way you know that you're focusing in on the

right person? A. Yes, sir. Q. Okay. Now, no DNA swabs or any kind of DNA

testing was done in the case; is that right? A. That is correct. Q. Now, there were also·-- and ~- and the Prosecutor

had taken those shorts, the shells that were actually you believe were found in the gun and showed those to you; is that correct?

A. Yes, sir. Q. Now, those shells, those were not swabbed in any way and sent off for any kind of DNA testing either; is

~ 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

l=

- ---·-- -- ------------------'2-72NB--B-I-STR-IC::T-COURT- ------..,------- ·---·-------

J

D 69 0--: that correct?

1 A. That is correct. 2

[l Q. The Prosecutor had indicated that because there 3 was dust on the pistol, that it had been tested for 4 D prints; is that right? 5 0 A. Yes, sir. 6 Q. And whether or not -- in your experience 7

0 sometimes we find prints, sometimes we don't. In this 8 0 particular case, there were no latent print that was found 9 and matched to David Greer; is that right? 10 0 A. That is correct. 11 Q. Now, that initial printing and testing was not 0 12 done the month of this offense in February; is that 13 0

\

correct? • i 14 A. That is correct.

15 0 Q. When was that actually done, the testing? 16 0 A. It was done last week. 17 18 Q. Okay. And was that at the request of the

0 19 District Attorney's Office? 0 20 A. Yes, sir. Q. Okay. Now, you would agree with me that when 21 0 22 evidence is seized and it's bagged, we bag it so that 23 potentially we don't have any kind of spoliation of

0 evidence as well as we don't want an officer's prints on 24 0 the gun, so to speak. We want it preserved; is that 25

DENISE C.PHILLIPS, CSR

-D~~ --·---------------- -- 0 -~-~~~~~~ I ~-~-~~-~T~~~~~~-E-R-----------------1------ 0 n

70 n .. , right? 1 A. Yes, sir. 2

0 Q. And,you'd agree with me that when a particular 3 0 piece of evidence is -- is taken and b~gged, that the more 4 it's handled the more unlikely it is to find a full latent 5

0

print because it can get smudged, and it just -- it hurts

6 the quality of the evidence; is that fair to say? 7 D A. Yes, sir. 8 0 Q. Now, the gun itself was -- was eventually dusted 9 and printed last week. Were the shells contained 10 0

therein -- were they ever dusted or printed?

11 0 A. No, sir. 12 Q. Okay. And it is possible to get potentially not 13

0 a full print but at least a partial print from bullets; is 14 that correct? 15

0 A. Yes, sir. 16 0 Q. Okay. And bullets are a little bit different 17 18 than the gun itself because if -- if the bullets were

0 19 contained in the gun for a period of time, they're almost 0 self-preserving in that they can't be tampered with 20 21 because they're in the chamber; is that right? 0 A. Yes, sir. 22 Q. Okay. Now, I know that you had indicated that 23

D

due to the size of that -- that coat being a large, a 24 0 large men's coat, that you did not believe that that 25

DENISE C.PHILLIPS, CSR

0

OFFICIAL COURT REPORTER

. ----- ·-·- ---- - · ---------·---·-·----2-7-2-ND-D±S'I'RIG-T-GOUR'I'-----~----------- - - - - - - - - - - 0

71

l 1 belonged to Monishia; is that right? 2 A. That's correct, sir.

J

3 Okay'. But when she was arrested and you can sort

Q.

4 of see it, I guess whenever she comes up to the patrol

J

5 car -- it may have been when Ledesma was going to talk to ~ 6 her. I don't know. But you saw in the video where she 7 and that was Monishia that was right in front of the

:l 8 patrol car in the camera? 9 A. Yes, sir.

J

10 Q. Okay. And she was actually wearing an over-sized ~ 11 coat then as well, wasn't she? 12 A. Yes, sir.

~ 13 Q. Okay. And that coat looked like it was too big ~ 14 for her as well; is that fair to say?

I

15 A. Yes, sir. } 16 Q. Okay. And the Prosecutor's already mentioned it, 17 but just so the records clear, David Greer did not ~ 18 actually have that coat on his person at the time; is that

J

19 right? 20 A. That's correct.

~ 21 Q. And nor did he have that gun on his person at the ~ 22 time? 23 A. That's correct. 24 Q. So, there's a certain amount of speculation as to 25 whose jacket and whose gun that was because you can't tell

DENISE C.PHILLIPS, CSR

~-~-- _________ ------~------------0-~~~-~-~~~~±~~~~~T R~~g-~~;-E-R·-------------,--- ________ _ l

72

l-- us for sure that that was David Greer's jacket nor can you 1 . ' tell us for sure that that was his guni is that fair to 2

J

say? 3 4 A. That's correct. That's fair.

u Q. Okay. Do you know, was the was the gun -- was 5 1 6 it ever traced or tracked to see who the original owner 7 was, do you know? 1 A. I do know that an ATF gun trace has been done on 8 9 it. There's been no result come back. J 10 Q. Okay~ When was that performed or sent off, I ~ 11 guess? 12 A. I believe it was last week, week before.

~ 13 Q. Okay. Is that -- and that's Alcohol, Tobacco and

J

14 Firearms,· right, ATF? 15 A. Yes, sir.

J

16 Q. And they pretty much -- they keep all those types ~ 17 of records and those types of things for guns and firearms 18 that are soldi is that right?

J

19 A. Yes. 20 Q. Because, really, the Federal deal you have to

J

21 fill out that one-page Federal formi and that all gets ~ 22 sent off to the ATFi is that right? 23 A. Yes, sir.

~ 24 Q. Now, the vehicle that Mr. Greer was driving, that's actually registered to a Kenneth Greeri is that 25

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~- !--------- - - - - - - - - - - - - - - - ------2-7.Z-ND -D-I-S-'I'-R-I-G-T-e0T:JRT--------------- - - - - - - - J 0 73 0 1 right? 2 A. Yes, sir.

0 Q. And so, that would be -- that would be David's 3 0 4 dad, n~t a~ually Davidi is that correct? ·5 A. Yes, sir.

D

Q. There was never a time where you had witnessed 6 7 David Greer saying "that's my gun" or anything like that,

0 right? 8 0 A. Where he said it was his gun? 9 10 Q. Yeah. 0 11 A. No, sir. 0 12 MR. GRAY: I'll pass the witness, Judge. 13 REDIRECT EXAMINATION 0 14 BY MR. CALVERT: 15 Q. Monishia Campbell, that jacket that he was just

0 16 asking you about, she was wearing that when y'all first ... ·-· D stopped them, right? 17 A. Yes, sir. 18

0 19 Q. And like you said earlier, the Defendant was 0 20 wearing a tank top and was not wearing any jacket, right? 21 A. Yes, sir. 0 22 Q. The -~ oh, Counsel asked you a minute ago about 23 Deputy Ledesma going back and talking to Monishia Campbell

0 24 at some point, correct? 0 25 A. Yes, sir.

DENISE C.PHILLIPS, CSR

0 ··~~ .. ·--· -----~----

OFFICIAL COURT REPORTER

-------~-~--~-----~-----------2-72ND--D ISTR 1-CT--COURT---~~-------------·---------- ------~---------- ' 0 0

74 0 1 Q. Now, I don't want you to go into what Ledesma 2 told you and I don't want you to go into what Cqmpbell

0 said, but after you found the gun in State's Exhibit 3 0 4 No. 10, did Deputy Ledesma go back and have ·a conversation 5 with Monishia Campbell about it?

0 6 A. Yes, sir. 7 MR. CALV-ERT: I ' l l pass the witness.

0 RECROSS-EXAMINATION 8 0 9 BY MR. GRAY: 10 Q. Now, you had indicated that you were tracking a 0 11 little bit behind the rest of the units; is that fair to 0 12 say? 13 A. Yes, sir. 0 14 Q. And who w~s the actual aire~;jng officer? Was 15 that Officer -..;. or Deputy Ficke? /,

0

~-·

16 A. Yes, sir. 0 17 Q. Okay. And so, you don't have any direct 18 knowledge as to why he had actually performed that traffic

0 19 stop; is that right? 0 20 A. Why Deputy Ficke performed the traffic stop? 21 Q. Do you have any personal direct knowledge, not 0

22 what other officers may have told you or you may have

23 heard on dispatch or anything like that, but do you have

0 24 any personal knowledge as to why Deputy Ficke had pulled 0 25 over Mr. Greer?

DENISE C.PHILLIPS, CSR

(1

OFFICIAL COURT REPORTER

~k:J---~---~ ------- -~-------------~---.:._-~- ---2-7~2ND~-DI-S'I'-R-I-CI'--COUR~-----.- ---------~ --~---- ----------------- 0 0

75 A. Yes, I do. D-- 1 2 Q. And what is that?

R

3 A. This was we were stopping the vehicle to 0 execute the arrest warrants. 4 Q. Okay. And as to that arrest warrant, did you 5

0 just hear that over Dispatch, or how did that -- how did 6 7 information come to you?

0 Investigator Ledesma had received information 8 A. -o 9 that Ms. Campbell and Mr. Greer were together in the 10 vehicle and that they had warrants, and he checked records 0 11 and confirmed that there were arrest warrants outstanding 0 for them. 12 13 Q. Okay. That was Investigator Ledesma?

Di A. Yes, sir. 14 15 Q. Okay. The actual vehicle itself, it had dark

0 16 tinted windowsi is that right? 0 17 A. I don't remember, sir. Q. Okay. So, is it fair to say that 18 do you know

0 19 i f all the windows were open or closed, or do you know? 0 20 A. No, sir, I really don't remember. 21 Q. If -- if the windows were, in fact, upi and they 0 22 were dark tinted windows, would you agree that it may be 23 hard to see the occupants -- not that occupants were in

0 24 the vehicle but able to identify the occupants at least 0 25 from the side or the back?

DENISE C.PHILLIPS, CSR

0~------- -----------------------0~~~-~~~~T~-~~~~T~~~~-:~_E_R _____________ ------------- .0 0

75 0 1 A. Yesr I do .. Q. And what is that? 2

0 we were stopping the vehicle to 3 A. This was 0 execute the arrest warrants. 4 Q. Okay. And as to that arrest warrantr did you 5

0 just hear that over Dispatchr or how did that -- how did 6 information come to you? 0 7 A. Investigator Ledesma had received information 8 D that Ms. Campbell and Mr. Greer were together in the 9 vehicle and that they had warrantsr and he checked records 10 0 and confirmed that there were arrest warrants outstanding 11 0 for them. 12 Q. Okay. That was Investigator Ledesma? 13 0 A. Yes ^[1] sir. 14 Q. Okay. The actual vehicle itselfr it had dark 15

0 tinted windows; is that right? 16 0 17 A. I don't remember ^[1] sir. 18 Q. Okay. So, is it fair to say that do you know

0 19 if all the windows were open or closed ^[1] or do you know? 0 20 A. Nor sir ^[1] I really don't rememb~r. 21 Q. If -- if the windows were ^[1] in fact ^[1] up; and they

0 22 were dark tinted windows/ would you agree that it may be 23 hard to see the occupants -- not that occupants were in.

0 24 the vehicle but able to identify the occupants at least 0 25 from the side or the back? . DENISE C.PHILLIPS ^[1] CSR _g_ ·---- --·-------------~!-~~-~~~~r~~~~~T~~~~:~E_R----------1--------- [J 0

76 0. A. Yes, sir. 1 Q. Obviously, the front -- you don't generally have 2

D

the front windows tinted; and obviously, you could see the 3 0 persons in th~·interior; is that right? 4 A. Yes, sir. 5

0 MR. GRAY: I'll pass the witness. 6 n MR. CALVERT: I'll pass the witness, Judge. 7 We'd like him to be subject to recall, though. 8

0 THE COURT: All right. You can step down. 9 You're subject to recall. 10 0 Let's take a ten-minute break, ladies and 11 0 12 gentlemen. {Jury retired.) 13

0 14 {Short recess.) 15 THE COURT: He's under oath. I swore him in

0 16 earlier. Go ahead. 0 17 MR. GRAY: Mr. Greer, we've talked about, 18 you know, your Constitutional right to testify; is that

0 19 correct? 0 20 THE DEFENDANT: Yes, sir. 21 MR. GRAY: And you have a Fifth Amendment u 22 right to testify, but you also have a Fifth Amendment 23 right if you don't want to testify, you don't have to; is

0 24 that right? 0 25 THE DEFENDANT: Yes, sir.

DENISE C.PHILLIPS, CSR

fl OFFICIAL COURT REPORTER -8----------~-- ~- ~------------~-------~--~--2~7-2-ND--D-I-S-T-R-IG-T-GOU-R-T----------------_- ------~-- 0 f]

77 D-. MR. GRAY: We talked about the good things 1 and the bad things, the pros and the cons, to testifying. 2

D If you testify, they get to hear your side of the story; 3

B

is that correct? 4 THE DEFENDANT: Yes, sir. 5 0

MR. GRAY: But I've also advised you that

6 the State can impeach you with any types of felonies, 7 D convictions or any kind of crimes of moral turpitude, that 8 0

could include misdemeanors; is that right?

9 THE DEFENDANT: Yes, sir. 10 0 MR. GRAY: And is it your decision and your 11 0 decision only to not testify in this case in the 12 guilt/innocence? 13 0 THE DEFENDANT: Yeah, you advised me of 1.4 that. So, yes, sir. 15 / .

0 MR. GRAY: I advised you, but it's your 16 0-- decision. 17 18 THE DEFENDANT: Yes, sir.

0 MR. GRAY: So, you do not want to testify; 19 is that correct? 0 20 21 THE DEFENDANT: Yes, sir. '0 MR. GRAY: Okay. 22 0 23 THE COURT: Let me ask you: Do you intend 24 to ask for sequestration should the situation present 0 25 it self?

DENISE C.PHILLIPS, CSR

_Q_: ___________ . _____ _: ___________ ~~~-~-~-~~~r.~g~!~T-~~~.~~~~--~------------·---------- 0 0

78 0-.. 1 MR. GRAY: I don't think so, Judge. THE COURT: All right. We ready to bring 2

0 3 the jury out? 0 MR. CALVERT: Yes, sir. 4 5 THE COURT: Bring them out.

0 6 (Jury seated.) 0 THE COURT: Everyone be seated. Call your 7 8 next. 0 9 MR. WARD: State calls Rick Ledesma, Judge. 10 (Witness sworn.) 0 11 THE COURT: Have a seat. Go right ahead. 0 12 RICARDO LEDESMA, 13 having been first duly sworn, testified as follows:

0 14 DIRECT EXAMINATION BY MR. WARD: 15

0 Q. Would you introduce yourself to the jury, sir? 16 - 0 . -· 17 A. Yes, sir. My name is Ricardo Ledesma. It's 18 R-I-C-A-R-D-0 L-E-D-E-S-M-A.

0 Q. Okay. And how are you employed? 19 0 20 A. I'm an investigator with the Brazos County 21 Sheriff's Office.

[J

22 How long have you been with the Sheriff's Office? Q. 23 A. About 21, 21 and a half years.

0 24 Q. Are you a certified peace officer? 0 25 A. Yes, sir.

DENISE C.PHILLIPS, CSR

0=------·--·--- -----------------~~~~~~~~I~~~~~T~~~~~~~~------------------ -------------- 0

/ l 79 1 Q. How long have you been a certified peace officer? J__ " .

2 A. Approximately 34 years. l 3 Q. Okay. 4 A. It'll be 34 years in January.

~ 5 Q. And what's your current assignment with the ~

6 Sheriff's Office?

A. Criminal Investigator. 7

J 8 Q. Okay. How long have you been there? 9 A. Four years. ~ 10 Q. What did you do before that? J t worked with the Brazos Valley Narcotics Task 11 A. 12 Force.

J 13 Q. And how long did you do that? J 14 A. About 17 and a half years. 15 Q. Are you partners with Terry Young? ~· .

I

16 A. Yes, sir. - ~ ... 17 Q. Work pretty closely with him? ~ 18 A. Yes, sir. ~ 19 Q. See his ugly face everyday? 20 A. Yes, sir.

~ 21 Q. Okay. I'll direct your attention to February ~ 22 16th, 2012. Were you on duty that day? 23 A. Yes, sir, I was. ~ 24 Q. Okay. What were you doing at approximately 2:00 25 p.m. in the afternoon?

~

DENISE C.PHILLIPS, CSR

t~~------·--·-- -------------------~~~~~~~~-1-~-~~-~-~T~~~~~-~-=:~------------------ ---~--------~- 1

80 l .. , A. At the time, we were driving back to the office, 1 2 myself and Investigator Ware.

~

:I

~Q. Okay. Why were you dbing that?

3 )

I

A. We had gone out and checked some locations on some other -- follow-up on some other investigations. Q. Okay.- Something happened that kept you from making it back to the office? A. Yes, sir. Q. What was that? I received a phone call from an informant. A. Q. Okay. And without going into what was said, what

did y'all ultimately decide to do? A. We started looking for a vehicle that we were told that someone was in it . . -·

MR. GRAY: Objection as to hearsay, Judge.

(By Mr. Ward) Okay. Who were you looking for at Q. the end of all this? A. David Greer and Monishia Campbell. Q. Okay. And why were you looking for them? A. Because they had outstanding

i} Q. Let me stop you real quick. A. Yes, sir. Q. Without going into the specifics of it, very bare

bones, did they have outstanding warrants? A. Yes, sir.

DENISE C.PHILLIPS, CSR

1---- -----•--------------------0~-~-~-~~~~r~~~~~T~~~~-~~-E_R ___________ - - - - - - ]

81

l Q. How did you know they had outstanding warrants? 1 ;} A. We checked through Dispatch. 2 Q. Okay. Did you personally check through Dispatch? 3 A. Yes, sir. 4 Q. Did you personally see the -- the -~ so, you 5

~- 6 ' received first-hand information that they had open 7 warrants?

1 u

A. Yes, sir. Q. Okay. Were you able to finally locate David

Greer? A. Yes, sir. Q. All right. Was he with anybody else? A. Yes, sir. Q. And who was that? A. Monishia Campbell. Q. Okay. Now, were you in a vehicle with someone

else? Were you in a single vehicle by yourself when he was located? A. No, sir, myself and Investigator Ware. Q. So, it was you and Ware in the vehicle? I'm

sorry. A. Yes, sir. Q. Now, were you involved with the actual stop of

Dave Greer and Monishia Campbell? A. Yes, sir. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ ~------·· - - - ··---·----~-~--------·-----'2-'72-ND-DI-SI¥R-I-e'I'-e8UR'I'----~------~- -----~---- ]

82 Q. Okay. Where were you during the stop? 1 I was in the vehicle at the very back. I came in A. after -- right after the stop. Q. Okay. So, you di~n't re~lly se~ a~ythin~ i&a~ happened during the initial moments of the stop? A. Well, I was right behind him before the vehicle actually stopped. Q. Okay. A. I was a pretty good distance behind. Q. Okay. Now, February 16th, do you remember what

the weather was like that day? A. I think it was cloudy, kind of cool. Q. Do you remember what you were wearing? A. Yes, sir. Q. What were you wearing?

16 A. I was wearing a black -- it's what we call our 17 18 windbreaker-type jacket that has the "Agenda" markings on 19 them, where you can flip them out and, you know, show them 20 the department. Q. Okay. Do you remember how Ms. Campbell was 21 22 dressed that day? A. Yes, sir. 23 24 Q. Can you describe that for me? 25 A. She had on -- I believe it was a red shirt or

DENISE C.PHILLIPS, CSR

~-· --------· ----------------~~~~~-~~~~-I-~-~~~-~T~-~-~-~:~_E_R _____________________ ---------- n J -- --- -----

----~---- -~~-----------8_3

blouse and had on a camouflage jacket. 1 Q. Okay. Now, during the stop, did you deal witp either Dave Greer or Monishia Campbell? A. Yes, sir. Q. And who did you deal mostly with? A. Monishia Campbell. Q. Okay. Now, were the Defendant and Ms. Campbell

ultimately arrested and taken into custody for the outstanding warrants?

A. Yes, sir. Q. Okay. And did you speak to Ms. Campbell during

the arrest? il. u

A. Yes, sir, I did. Q. Okay. Did you advise Ms. Campbell of her Miranda

rights and rights under the Texas Constitution? A. Yes, sir, I did. Q. Okay. Now, without going into what was said, did

18 Ms. Campbell continue to want to speak with you after you 19 had advised her of her rights? A. Yes, sir. 20 21 Q. Okay. Have you dealt with Ms. Campbell before 22 this particular arrest? 23 A. Yes, sir, I have. 24 Q. Okay. And without getting into the specifics, 25 why have you dealt with her?

DENISE C.PHILLIPS, CSR

·~ -" OFFICIAL COURT REPORTER I . ' ------ ----- ~-------------· -----2-~-2-ND-IJI-S':P-R-I-G-T-80-UR'I'"-------------------~--- -~-------

0 84 D .. " A. Investigated another case. 1 Q. And is she a victim or a defendant in that case? 2

0 A. She's a vic;tim. 3 0 Q. Okay. Now, was to the best of your knowledge, 4 when you were speaking with her, were you speaking with 5

D

6 her right at the Ford Ranger; or did you take her somewhere else to talk to her? 7

0 A. We talked to her briefly there by the Ford Ranger 8

D

and then walked her back to Sergeant Ballew's vehicle, 9 10 patrol vehicle. 0 Q. Okay. Do you remember if anyone was called to 11 0 come pick up the vehicle that they were arrested in? 12 A. Yes, sir. 13 0 ~ Q. Okay. Is that just like a towing company? 14 A. Yes, sir, it's a towing -- D 15 16 Q. Okay. Now, when you need to tow a vehicle, what 0 17 happens once it's decided -- let me rephrase that better. 18 What happens to the vehicle once it's

0 decided that you need to tow it somewhere, and you're 19 arresting everybody in the vehicle? 20 D 21 A. Do an inventory. 0 Q. Okay. Did you conduct the inventory search? 22 A. No, sir. 23

0 24 Q. What were you doing while that inventory search 0 was going on? 25

DENISE C.PHILLIPS, CSR

-,Q _·· --- - - -------~--·-----~~-~.~~~~~T~~~-~~T~~~~~~~~--------- · - - - - 0

85

1 A. I talked to Monishia Campbell. 1

J --

Now, at some point, while you were talking with Q. 2 3 Monishia Campbell, were you called over to look at

something that had been found during the search? I think I actually I don't think they called me. A. walked up. Q. Okay. And what did you see when you walked up to the Ranger? A. They were talking about the -- found a gun in the jacket there. Q. Okay. And once you saw the gun and the jacket, what did you decide to do? A. To ask whose jacket it was. Q. All right. And now, without going into what was

said again, did you take the jacket and gun back to Ms. Campbell and continue investigating about who owned it? A. I took the jacket up. I didn't take the gun. Q. Okay. What was her physical demeanor when you

20 were investigating about who owned the jacket? A. Talking about when I asked her about the jacket? 21 22 Q. Uh-huh. A. She was almost like complete denial. 23 24 MR. GRAY: Objection, Judge, as to hearsay. THE COURT: Sustain the objection. 25

DENISE C.PHILLIPS, CSR

r-~---- ____ ------------------~~-~-~-~~~~~-~~~~~1: R~~~~~ER _____ ------~---- _________ _

J

86 L Ladies and gentlemen, disregard the last 1 statement of the witness. 2

1 Go right ahead. 3 Q (By Mr. Ward) What I meant to say was can you 4

~ her demeanor? 5 describe her ~ A. Okay. Okay. Yes, sir. 6 7 Q. How she --

~ A. It was more of a surprised look and just kind of 8 shook her head as no. ~ 9 10 Q. Okay. ~ A. That's the best way I can describe it. 11 Q. All right. Now, from the answers that -- that 12

~ she gave you, again, without going into what was said, did 13 ~ you go talk to Mr. Greer? 14 A. Yes, sir, I did. 15

~ 16 Q. Okay. And did you ask Mr. Greer if he owned the 17 jacket?

~ 18 A. Yes, sir. ~ Q. What was his response? 19 20 A. He said it was not his.

~ 21 Q. Okay. And from all the answers that -- that you ~ had received from talking to Ms. Campbell and Mr. Greer, 22 who is it ultimately decided that was the owner in 23

~ j 24 possession of that jacket and gun?

25 MR. GRAY: Objection, Judge, that calls for ~

DENISE C.PHILLIPS, CSR

~ ________ -~---·-·------------· -0~!-~~~~~~~g~~~TR~~~:~-E~-~-----·-~----- ___ :__ ______ _ 87 speculation: That's also the purview of the jury. They 1 make that decision. THE COURT: Well MR. GRAY: As to who's in possession. THE COURT: Backdoor hearsay, so I ' l l

sustain it. Q (By Mr. Ward) Let me -- who was ultimately ? arrested for possession of the gun that day? p} ~t0-' ~~f ~"" l

A. David Greer.

MR. WARD: Pass the witness, Judge. CROSS-EXAMINATION BY MR. GRAY: Now, you indicated that you received a call Q. describing, I guess, the vehicle as well as Mr. Greer; is that correct?

A. Yes, sir. Q. Okay. And was -that an anonymous call? A. No, sir, it was from an informant. Q. An informant? A. Yes, sir. Q. Okay. And can you give us a name of the

informant? A. No, sir. Q. Does Dispatch have any type of a link or listing

as to that person so that if we needed to we could

DENISE C.PHILLIPS, CSR

j OFFICIAL COURT REPORTER ~- --··---- ---- -·-· -·- --··------·-------------2-72ND--DISTR-ICT·-co'O'RT·------------------- ----···----------···-· l

88

l,, interview that person? 1 A. No, sir. 2

J

3 Q. And that's where you received your information that Mr. Greer might be in this particular vehicle; is 4

u 5 that right? u A. Yes, sir. 6 7 Q. Okay. Prior to receiving that call from the

J

8 confidential informant, you had no direct personal

I

9 knowledge that Mr. Greer was, in fact, in that particular ~ vehicle; is that correct? 10 u 11 A. Yes, sir. Q. Okay. 12

n

u

A. Not prior to the call, no.

13 u 14 Q. Not prior to the call. Okay. The -- you didn't actually participate in the inventory search, but you're 15 ~ aware of how those are to be handled; is that correct? 16 17 A. Yes, sir. ~ 18 Q. Okay. And there's a -- there's a Sheriff's ~ 19 Office policy that everybody's supposed to follow; is that fair to say? 20

·~ A. Yes, sir. 21 ~ 22 Q. And basically, you're to invent'ory all the 23 contents of the vehicles; is that correct?

~ 24 A. Yes, sir. 25 Q. Okay.

~

DENISE C.PHILLIPS, CSR

~--- -- ~- -- ----------------,---~-~~ ~·~~~~I~~~-~~T~~~~~~~~, ____________ , __ --------·-------- D 89

D-

MR. GRAY: May I approach the witness, 1 2 Judge?

O

THE COURT: Yes, sir. 3 0 4 Q. (By Mr. Gray) I'm going to hand you this document, and can you tell me what that is? 5

0 A. Yes, sir, this is an inventory -- vehicle 6 inventory sheet. 7 0 Q. Okay. Does it appear to reference this 8 0 particular case? 9 10 A. Well, I didn't check everything in ~he car 0 myself, so I can't tell you everything in detail, but some 11 0 12 things on here that do. 13 Q. Okay. So, that looks like the right report?

0 A. Yes, sir. 14 15 Q. Okay. And does it also have Deputy Ficke's

0 16 signature on it as well? 0 17 A. Yes, sir. 18 Q. I don't anticipate that he's going to be called,

0 19 but he was the one that actually prepared this sheet; is 0 20 that correct? A. Yes, sir. To my knowledge, yes, sir. 21 0 22 Q. To your knowledge? A. Yes, sir. 23

0 24 MR. CALVERT: Judge, at this point, we'll 0 25 offer State's Exhibit 15, which is the inventory form; and

DENISE C.PHILLIPS, CSR

n .

OFFICIAL COURT REPORTER

t:l--------· ----- --------------------------------29-2ND·-rHBTR-I-eT-C::OURT------------------------ -------------------

[J

0. .

90 0--. 1 we have no objections to -- well, we'll offer that at this 2 point.

D 3 (State's Exhibit No. 15, Inventory form, 0 4 offered.} 5 MR. GRAY: We have no objection, Judge.

0 6 THE COURT: No further objection? 7 MR. GRAY: No further objection. _Judge,

D 8 that was actually at our urgence, and that should prevent /'"1. 0 9 the deputy from having to testify. THE COURT: All right. 15 is admitted. 10 0 11 (State's Exhibit No. 15 admitted.) 0 12 Q. (By Mr. Gray) We talked a little bit about 13 Monishia's demeanor when you had visited with her; is that 0 14 right? The Prosecutor asked you some questions? 15 A. Yes, sir.

0 16 Q. Okay. Now, not going into what she said or 0 17 anything, but let's just talk a little bit on her 18 demeanor.

0 19 You had the jacket. You walked from, I 0 20 guess, the vehicle that Mr. Greer was -- was driving, and 21 you had the jacket, but you didn't have the gun; is that 0 22 right? 23 A. No, sir.

0 24 Q. Okay. And you walked up to Monishia -- was she D 25 in the patrol car?

DENISE C.PHILLIPS, CSR

g_·~--- ----- --------------·----------~~-~~~~~~T~~~-~~T~~~g~~ER ] 0

91 o ... A. Yes, sir, she was in the back of the patrol car. 1 Q. Okay. And, again, not going into what she said, 2

0 but when you presented that jacket or showed her that 3 jacket, what was her immediate response as far as her 4 ~ demeanor? 5 0 A. As far as her demeanor was is that she had that 6 type of demeanor when you ask somebody a question -- or 7

D

even children, you ask them a question, and they 8 0 immediately deny it. 9 Q. Okay. 10 0

A. That look of denial.

11 u 12 Q. Okay. And you don't you don't recall her gasping or sighing, like, ahhh? 13 0 A. She might have. She might have made some type of 14 15 verbal I don't know. I don't know if sigh is what you

0 16 call it. 0 Q. Okay. As to the jacket -- she was also wearing a 17 fairly large oversized jacket, too; is that right? 18

0 19 A. Yes, sir. 0 20 MR. GRAY: Pass the witness. 21 REDIRECT EXAMINATION 0 22 BY MR. WARD: 23 Q. Detective, the confidential informant, have you

0 worked with that confidential informant before? 24 0 A. Yes, sir, I have. 25 DENISE C.PHILLIPS, CSR . fl

OFFICIAL COURT REPORTER

·o --·· -- --·-·-- ---- -·-· -···----- -·-··--~----·-27-2ND--DT-STRI-eT--e0URT------·--···------·-··- -··· -------···-··-··----- [} u

92 []_. Q. Are they reliable, truthful? 1 A. Yes, sir. 2

0 Q. Okay. Did that informant provide you anything 3 0 other than a possible location for David Greer?· 4 A. No, sir. 5

0 Q. And with Monishia Campbell, you had mentioned 6 before that you had worked with her previously as a 7 0 victim? 8 0 A. Yes, sir. 9 Q. So, did she know you? 10 [] A. Yes, sir. 11 0 Q. Had she worked with you before? 12 A. Yes, sir. 13 0 Q. Was there any type of relationship between you 14 15 and her that you had -- you had cultivated since she was a

0 victim in one of your cases? 16 0 A. Yes, sir, just a friendly a friendly 17 relationship, just talked to each other. 18

0 19 MR. WARD: Pass the witness. 20 MR. GRAY: Just a couple of quick questions, 0 21 Judge. May I approach? 0 22 THE COURT: Yes, sir. 23 MR. GRAY: Where are the pictures?

8 24 MR. CALVERT: They should be up there with 0 the court reporter. 25

DENISE C.PHILLIPS, CSR

fl

OFFICIAL COURT REPORTER

tj··-------------- -------··---------------- ----- -272ND-DTSTRTCT-COURT-----···-------·--------· ---------- 0 0

93 n.

RECROSS-EXAMINATION

1 2 BY MR. GRAY:

0 'Q. Were you aware that there was a .22 shell found 3 0

in a pair of jeans size 5?

4 A. Yes, sir. 5 0 Q. Okay. When were you told that? Was it during 6 the investigation, or was it after the fact? 7 0 ·A. It was during the investigation. 8 0

Q. During the investigation?

9 A. Yes, sir. 10 8 Q. Would that have been prior to you interviewing 11 0 not going into what she said, but would that have been 12 13 prior to you interviewing Monishia?

0 14 A. No, sir. 15 Q. Okay.· It was after that?

0 16 A. After. 0 Q. Because, in. fact, if you knew that there was a 17 .22 shell found in jeans that could only fit a female, 18

0 that's something that you would at least ask her about in 19 20 her interview -- not going into what was said?

0 A. Correct. 21 0 22 Q. And I'll show you what's been marked as State's 23 Exhibit 8. Is that you're understanding of the jeans and

g the shell that they found? 24 0 A. Yes, sir. 25 DENISE C.PHILLIPS, CSR IJ OFFICIAL COURT REPORTER -t:J· -----~ ------- ___ : --------------------------2'1-2N-D-DI-S'I'-R-I-G-'I'---GG1JR-T-----·--·-----··------- ---·· ---------------· 0 D

94 [! .. Q. That's obviously not a .22 short? 1 A. No, sir. 2

0 Q. Can you distinguish whether that's a .22 long or 3 0 a .22 long rifle just by looking at the picture? 4 A. That's a .22 long rifle. 5 0 Q. How do you know that? 6 A. I'm familiar with a .22. I have enough .22s that 7 0

I know the difference between a short and a long.

8 0 Q. Okay. And so, what's the long -- how much 9 shorter would the long be from the long rifle? 10 8 A. I don't know the exact measure, but there's a 11 0 12 difference where if you have a gun that's a short, you can't fire a long rifle through a short barrel or -- or on 13

D

pistols. 14 Q. Because the cylinder won't -- 15

0 16 A. Correct. Most weapons will specify whether they 0 17 can be fired with a long rifle or not. Q. Okay. You would agree with me, though, even 18

0 though some pistols are designed for shorts, folks will or 19 0 can fire longs in that particular pistol. It may not be 20 as safe; but as long as it fits in the chamber, it 21 0 dischaiges because your circumference is the same; is that 22 right? 23

0 24 A. Yes, sir; but it's the length that's the 0 difference, which if you do it with the pistol. Maybe 25

DENISE C.PHILLIPS, CSR

Q. ----- ----- ---------------------~~!-~-~-~~~±~~~~~-T~~!~:~~r:_ __________________ -----·-------· u

/ l

95.

l- 1 with a rifle ^[1] it's not that big of a difference; but in a pistol/ it will not allow -- especially revolvers/ it will 2

l not allow the cylinder to function properly/ which you may 3 not get the proper rotation to line up with the barrel 4

J itself. You can cause a misfire for malfunction on the 5

J

firearm. 6 Q. Okay. But you-all did not do any kind of test or 7

J

actual ballistics or -- or anything of that nature/ that 8 n you're aware of ^[1] on this particular gun or the shells; is 9 u that right? 10

J

A. No ^[1] we didn't do any ballistics/ no/ sir. 11 MR. GRAY: Pass the witness. 12

J

MR. WARD: Nothing further ^[1] Judge. 13 J THE COURT: You can step down. 14 Call your next. 15 ~ MR. CALVERT: Laketh McKinney. And ^[1] Denise ^[1] 16 I had a typo. It's not Lakesh. It's Laketh. It should 17

~ be T-H and not 8-H. 18

J

19 {Witness sworn.) 20 THE COURT: Have a seat.

J

Go right ahead. 21 ~ 22 LAKETH MCKINNEY, having been first duly sworn, testified as follows: 23

u 24 DIRECT EXAMINATION 25 BY MR.. CALVERT:

J

DENISE C.PHILLIPS ^[1] CSR J--~--------- ----------------------------~~-~~~~~~I~~~~~T~~~~~~~~----------------- ---- -----~---------- J

I u 96 [l. Q. Good morning, sir. Would you introduce yourself 1 to the folks in the jury, please? 2 0 A. I'm Officer McKinney of the Brazos County 3 0

Sheriff's Department.

4 Q. And your first name, pronounce it for me? 5 0

A. Laketh.

6 Q. And it's L-A-K-E-T-H? 7 0

A. That's right.

8 0 Q. All right. What do you do for a living? 9 A. I'm an officer with the Brazos County Sheriff's 10 0 Department. 11 0 Q. You're a detention officer? 12 A. Yes. 13 8 You work in the jail? 14 Q. A. Yes, sir. 15

0 Q. Okay. I want to direct your attention to the guy 16 0 sitting two seats to my left, Mr. David Greer. Do you 17 18 recognize him and know him?

0 Yes, I do. 19 A. 0 Q. And I want to go back to August 29th of this 20 year, a couple of months ago. Were you, I guess, 21 0 supervising the Defendant in a part of the jail? 22 A. Yes, I was. 23

0 24 Q. And did you have an occasion to have a discussion 0 with him and basically tell him that he needed to follow 25

DENISE C.PHILLIPS, CSR

-D-~~-- -·---- -·-·---------------0-~!-~--~-~~~±~~~~-~~-~~~~-~~-:....E_R ________________________ _ 0 [l

97 [l the rules? 1 A. Yes, sir, I did. 2

Q

Q. What _was the Defendant's response to you -- well, 3 0 at the time, you were aware he was in jail for this case, 4 correct? 5

0 A. Yes, sir. 6 Q. Okay. What was the Defendant's response when you 7

0

told him that he needed to follow the rules?

8 0 A. His response to me was that he was in jail for 9 10 not following the rules, and he wasn't about to start now. 8 MR. CALVERT: Pass the witness. 11 0 12 CROSS-EXAMINATION BY MR. GRAY: 13 u 14 Q. And was this conversation recorded? A. Was it recorded? 15

0 16 Q. Yes, sir. 0 17 A. I wrote a report. 18 Q. Okay. I understand you wrote a report, but was

0 19 there any type of audio that we can review and the jury 0 20 can take a look at to -- to give us a better sense of the 21 conversation and what was said? 0 22 A. There are cameras in there that records everything that goes on. But I'm not for sure about the 23

0 audio of the cameras. But as I stated earlier, I did 24 0 25 write the report.

DENISE C.PHILLIPS, CSR

0

OFFICIAL COURT REPORTER

---~- ---~- ---------------~----------2':/-2-N-B_:_D.r-S'I'-R-±-C-'I'-GOURT------------~--~-----~ ----------------- G 98 0 Q. Okay. Is it then possible that there is an audio 1 and a video? 2

0 A. I know there's a video, but I'm not for sure 3 0

about the audio.

4 Q. Okay. Now, you'd agree with me _that when you-all 5

0

were having the conversation that Mr. Greer was upset;

6 would that be fair to say? 7

0 A. I guess it would be safe to say that he may have 8 0

been upset. But it was just a mere question that he was

9 10 asked to do, to follow the rules. 8 Q. Oh, I understand. I'm not trying to indicate 11 0 that you weren't being fair or anything like that. I'm 12 just saying from your vantage point did he appear to n6t 13 8 t~ be real happy with you at that point? 14 A. Well, none of them are when it comes to following 15

0 the rules. 16 0 17 Q. Well, I understand. But if you're telling him to I 18 follow the rules and he didn't want to follow the rules, 0 19 it's fair to say in his mind he didn't want to do what you 0 were asking him to do; is that fair to say? 20 21 A. That was an ongoing thing with him. So -- 0 22 . Q. All right. You would agree with me that if he was upset, sometimes we do and say things that we don't 23

0 necessarily mean; is that fair to say? 24 0 25 A. Not with Mr. Greer.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER U ~ -· ---· ·-· ---··-- -----------------------~~2-'7-2N-D-D±S'I'-R.J.G-T-GOUR'1-'-------------------~--- --·--·----·------ u

99

0- So, everything Mr. Greer -- in your experience, 1 Q. every word out of this man's mouth was exactly what he 2

0 3 means? D 4 A. Yes. 5 MR. GRAY: Pass the witness.

0 6 MR. CALVERT: Judge, I have nothing further. 7 THE COURT: You can step down.

0 I ask that the witness be 8 MR. CALVERT: 0 9 finally excused. 10 THE COURT: You're finally excused. 0 11 Call your next. 0 12 MR. CALVERT: Judge, at this point in time, 13 we have no further witnesses. We will offer for all

u 14 purposes State's Exhibit 14, which is a written 15 stipulation between the parties signed by the Defendant, 0 16 his attorney and myself which stipulates that the 0 17 Defendant is one and the same individual convicted of 18 possession of methamphetamine in a prior felony listed in 0 19 the indictment that was read to the jury. 0 20 And also that the offense date of this case, 21 February 16th, 2012, is within the time frame outlined in 0 22 the statute for this offense. 23 (State's Exhibit No. l4, Stipulation,

0 24 offered.) 0 25 THE COURT: That will be admitted.

DENISE C.PHILLIPS, CSR

0 ---- --- ·------------------~-----~~-~~~-~~-~.1-~.~-~~.~T-~~~~-~~~~------------ ---·----~------ [j n

100 (State's Exhibit No. 14 admitted.) 1 D---. MR. GRAY: No objection. 2 0

MR. CALVERT: And we will rest.

3 0

(State rests.)

4 THE COURT: The State has rested its case. 5 0

Does the Defense care

6 n 7 MR. GRAY: Judge, I just have one issue that ~ will be brief outside the presence of the jury. 0

THE COURT: All right. Step into the jury

9 10 room, ladies and gentlemen, and let's take a ten-minute 0 11 break. 0 12 (Jury retired.) THE COURT: All right. What is the matter? 13 D- ' I 14 MR. GRAY: Judge, the State has rested, and 15 they have concluded their presentation of the evidence in

D 16 the case-in-chief. 0 Judge, at this point, we would urge our 17 18 suppression motion .. It was timely filed, and the law is

0 19 such that we can carry that into the trial for judicial 0 20 economy, and that's what we did. But this is the proper 21 junction to urge that motion. 0 22 A couple of things, Judge, the -- we believe 23 that the basis of the stop was an illegal stop. It was

0 24 not based upon any traffic offense or any offense 0

25 whatsoever that was seen by any of the officers. There's

DENISE C.PHILLIPS, CSR

rl··

OFFICIAL COURT REPORTER

tj-·-·---- ---- -----------------------2-?zNB-B-I-STR-I-eT-eOURT---·-----------·-- ------·-··---- 0 )l

101 LJ 0-,, no testimony as to that.

1 n

Investigator Ledesma had indicated that the

2 information that they received linking them to my client 3 0 and Monishia was that there was a description that they 4 5 were -- and that they were in this vehicle, and they were

0

driving this particular vehicle.

6 The problem we run into, if this was a 0 7 identifiable person, if even Dispatch had a name or a 8 D phone number or an address, somewhere where we could talk 9 to this person, we could potentially determine their 10 0 veracity, whether they're telling the truth or not. Just 11 0 the generalized statement that this is a reliable 12 13 confidential informant, I don't think that gets us there. It's not my intention to expose a 14 confidential informant, but they don't get it both ways. 15 THE COURT: Well, let me ask you this: Are 16 they really depending on the informant? Looks like 17 they're basing it on the fact there were two active 18

0

-----

warrants for the person,~nd 19 he was identified in the .. l t

\

vehicle. \ 0 20

__ _J

MR. GRAY: But, Judge, that was only after 21 0 22 Ledesma was contacted by this CI. This whole thing started from the CI. They wouldn'' t even have looked into 23

0 this case, known where he was driving, any of that 24 [J information -- 25

DENISE C.PHILLIPS, CSR

Q ___ ---~ --~--~~---------------0~-~-~-~-~~~~e~~~~~T~~~g:~-ER __ -~------------ 0 n

102

0- THE COURT: But they -- they did come up on 1 the vehicle and identify him before they pulled him over, 2 n correct? 3 0 MR. GRAY: No. 4 THE COURT: Did not? 5

0 MR. GRAY: They came upon a vehicle matching 6 the description of the vehicle, but there was no license 7

Ll number -- 8 0 THE COURT: A license number or what 9 10 what -- 0 11 MR. GRAY: We didn't hear that. And that's 0 why I -- I visited with the one individual, the officer as 12 to the tinted windows because, obviously, that would go 13 0 into whether you know, an officer may have known him 14 15 and was able to identify him. And if there were tinted

0 windows, then he would not be able to. And so, we 16 0 17 would -- THE COURT: So, we are depending on an 18

D 19 informant to pull,him over? 0 20 MR. GRAY: Yes. 21 THE COURT: Who has been identified as 0 reliable and credible. 22 23 MR. GRAY: But, Judge, just a statement that

0 24 he's reliable and credible, I mean, that's --you know, 0 25 we -- you kno~j it also violates my client's right to

DENISE C.PHILLIPS, CSR

rr·

OFFICIAL COURT REPORTER

~~-- -- --------- -~----------------------------272ND-DrSTRrCT-COURT---------------···-- -·:-·-------------- 0 0

103 /

0

confrontation. You know, we need to have the ability to 1 test that evidence. We just can't have an officer say, 2

0

"Well, it's reliable." Well, how many times? How many

3 0 I mean, how many controlled buys did you do? You times? 4 know, each time was the money counted? Is there -- is 5 0 there videos that we can review to see that this 6 you know, is reliable? 0 confidential informant is -- is 7 Is there a pending case? 8 0 THE COURT: What's the difference in this 9 and a search warrant where all you have is an unnamed 10 0 informant who's done transactions in the past and proven 11 0 to be reliable and credible? And that is sufficient to 12 base a search warrant on. What's the difference in this 13

0 14 and that? MR. GRAY: Well, just that, there's not a 15

0 search warrant. 16 0 17 THE COURT: Well -- MR. GRAY: You know, if there was a search 18

0 19 warrant that was reviewed by a magistrate and within those 0 20 four corners, even if there was hearsay, it was sufficient for that magistrate or judge to sign off on it. That 21

D

would be one thing. And that's what the law prefers is a 22 search warrant. And there was no search warrant in this 23 0 24 case, Judge. 0 On sort of a side issue, too, Judge, the 25 DENISE C.PHILLIPS, CSR -0\~~-- ____ -------------------0-~!~-~~~~:r-~~-~~~T~~~~-~~-E_R __________________ _ 0

104

n. inventory, the reason I had that admitted as to the 1 2 inventory listing was the two officers testified that they

0 are to -- the whole purpose of an inventory search is to 3 0 list all the items found within that -- that vehicle so ----~ 4 .....-- that there's no issue as far as that. They have to follow 5 that policy, and that's just the rule on the inventory 6

searches. 7 [J There really is no true, search incident to 8 0 arrest anymore as long as the Defendant, my client, would 9 not be able to harm or tamper with evidence. And we've -- 10 0 11. there was no issue as to that. He was in custody. He was in handcuffs. 0 12 13 THE COURT: Well, isn't that -- isn't that 0 the law where, you know, if they're not able to reach for 14 a weapon, then that -- that part of it's absolved, and the 15

0 inventory search doesn't depend upon reaching for a 16 0 weapon. 17 18 MR. GRAY: Right. Yeah, absolutely, Judge.

0 19 I just wanted to make that distinction that, you know, 0 20 they don't get there on a search incident to arrest for sure. 21 0 22 THE COURT: Right. 23 MR. GRAY: And I don't think anyone's argued

0 24 that, and I don't think the state -- 0 THE COURT: No, nobody's arguing that. 25 DENISE C.PHILLIPS, CSR n

OFFICIAL COURT REPORTER

·o·----- -~ ------- --------~-----~-----~--------~2-7-2-ND-Ili-5-TR-I-C-T---GGUR'I'_:_·-----------~----------- ---------· -'- D 0

105 0 ... 1 MR. GRAY: Okay. So ^[1] what we're left with 2 is the inventory search; and it is their policy and

0 3 procedure to inventory all items that are found in that [l 4 particular vehicle. We've got an inventory list that 5 inventories items found there within that cab, but nowhere

0

6 will you find a distinction -- it says miscellaneous

7 clothes/ but any distinction as to those size 5 jeans that 0 8 we have a picture of that's in evidence or more precisely n 9 that .. 22 long or long rifle shell. 10 So -- and the whole purpose of this is so -- 0 11 and even in the policy of the Sheriff's Office so that we 0 12 can't cloak a -- a search for evidence by calling it an 13 inventory search.

0 14 So ^[1] you don't get it both ways. If you're 15 going to do an inventory search/ you've got to inventory () 16 all the items. You don't get to pick and choose because 0 17 if you're picking and choosing/ then it's really a search 18 for evidence.

0 19 THE COURT: S0 ^[1] a poor inventory search is 0 20 not admissible? If it had been a complete inventory 21 search ^[1] it would have been admissible?

:0 22 MR. GRAY: I think it's closer. I think 0 23 that goes to whether it's a true inventory search. 24 Otherwise/ Judge ^[1] why not? If you've got 50 items in the D 25 car and you've got two pieces of evidence/ why not just __ DENISE C. PHILLIPS ^[1] . CSR f-f

OFFICIAL COURT REPORTER

·tJ·-----~-- ---·-- ---~----·-----------~2"72ND-DISTRI CT-COURT--------~--------- ·---- ----~--~-- 0 n

106 0--- pull out the cocaine and the gun; and we're going to call 1 that an inventory search. We're going to put those two 2

[J

items on there. That didn't happen here. 3 0

THE COURT: But the fact remains they would

4 ----f-· .· /.-·· '~.-"

always do an inventory search when there's an arrest. The 5 0

fact that there may be an ulterior motive, a reason to

6 search for other reasons, is, to me, not determinative 7 0 b~cause if they had a valid reason to do an inventory 8 n

search even though that might not have been their primary

9 motive, they can rely on that even though their primary 10 0 motive was something else. I may be wrong.about that. 11 MR. GRAY: Well, Judge D 12 THE COURT: The facts support a valid 13 0 14 inventory search, and they say that was one of the reasons we did the search. 0 15 MR. GRAY: Well, Judge; and this is -- I 16 0 17 mean, that's the whole thing. Even their policy states: This inventory procedure may not be used as a pretext to 18

~ conduct an exploratory search for incriminating evidence. 19 0 20 That's their own policy. THE COURT: Okay. 21 0 MR. GRAY: So, again, I have real 22 23 THE COURT: Is that in evidence?

0 MR. GRAY: No, Judge; but it's a suppression 24 .0 hearing; so -- I mean, I can offer it. It's the policy. 25 , DENISE C. PHILLIPS, CSR f( .. · OFFICIAL COURT REPORTER . tJ----------- ------------------------2-7f2ND-:BISTR-IeT--eOURT-----.--·--------- ------·----- D 8

107 Cl 1 Do you have any objection? 2 MR. CALVERT: No, I was actually going to

0 3 offer it myself, so go ahead. 4 MR. GRAY: That's my only copy.

~

~'

5 MR. CALVERT: I've got another one. 0 6 MR. GRAY: And so, that's their copy of 7 their policyi and that's what I was referencing. 0 8 THE COURT: What is -- what exhibit is this? D. 9 MR. CALVERT: I have one that's marked, if 10 you nee"d D 11 MR. GRAY: Do you? Q 12 MR. CALVERT: Yeah. 13 MR. GRAY: I have no objection if he wants 0 14 to offer it. D 15 MR. CALVERT: This will be State's 16? 16 THE REPORTER: Yes. 0 17 MR. CALVERT: Do you have a stapler? ' 18 THE REPORTER: Yes. 0 19 MR. CALVERT: Here you go, Judge. 0 20 THE COURT: All right. Is that it? 21 MR. GRAY: Yes, Judge. Again, their policy 0 22 is that, you know, you can't -- you can't just call it D 23 call it an inventory search and it not be an inventory 24 search. It's an exploration for evidence. So, we would 0 25 argue as to that, that that's an illegal search. There

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER -0----------------- ------------- -----------------------~-272ND-DI STRICT-COURT·-------------------- --------------- ^[1] 0 8

108 n 4' was no search warrant. 1 again, we have real issues with We also 2

0

the initial detention was by confidential informant. We

3 0

don't have any specifics about how many times that person

4 has testified, if they've testified truthfully, only that 5

0 the person is reliable. We don't have any specific 6 information as to, you know, the description of my client, 7 0

large male. He was wearing a coat. He wasn't wearing a

8 :o coat. The vehicle was a black truck, small black truck. 9 Whether there was an LP -- I mean, there's just -- we just 10 0 don't know these things. 11 D THE C.OURT: All right. I'm a little more 12 '! ' ~'- Q concerned about the fact that he was never identified in_ 13 r j the vehicle, merely by a description of a confidential 14 informant. And, yes, there were warrants out; but they 15

D.

actually have to see him in there and identify him before 16 ,'0 they pull the vehicle over. 17 MR. CALVERT: Judge, in response to that, 18

0 the evidence is clear and the evidence in the record 19 0 supports that this informant was a known individual. He 20 was known to Detective Ledesma. Detective Ledesma knows 21 0 this individual and has worked with him before. 22 The case law is very well established and D 23 goes back a long ways, that a tip from a known identified 24' io individual is presumptively reliable. 25

DENISE C.PHILLIPS, CSR

0 ~ - - - - - -

OFFICIAL COURT REPORTER

----------------·27'2N-:E>-DrSTR-r-eT-e0tJRT------------------- - - - - - - - - - u 0

109 :Q __ THE COURT: Now, hets not identified. 1 MR. CALVERT: He is identified -- he's not 2

0 identified in this courtroom, but he's .identified to the 3

D

person receiving ~he tip. 4 5 THE COURT: Okay.

0 6 MR. CALVERT: And there is no right to confrontation at that stage, and we are not relying on 7

'0

any -- in this courtroom in terms of evidence in front of

8 0 9 this jury, we are not relying on any, you know, information from that informant for purposes of this 10

B

11 trial. Therefore, there's no right to confrontation here.

D

12 The only basis for that is the stop. And 13 so, you have a tip from a known identified individual to

0 Investigator Ledesma that is presumptively reliable in and 14 of itself simply due to the fact that this is a known G 15 person, identified person making the tip. 16 0 17 We haven't got yet to the fact that this 18 person has proven to be credible and reliable in the past.

[j That's over and above what's required by law. Moreover, 19 0 20 Your Honor absolutely correctly pointed a critical 21 distinction in this particular scenario when you

0 22 referenced a search warrant. 23 The standard of proof required for a search J 24 warrant in which case this would be sufficient is probable

J

25 cause. We're not talking about probable cause here.

DENISE C.PHILLIPS, CSR

J ____ ------- -------------------~~-~-~-~-~~~~-~~~~~T~~~~-:~_._E_R-------------1------------ J

110 l l We're talking about an investigative detention. We're 1 talking about a traffic stop. All that's required is

2 ] reasonable suspicion. 3 ---=--------- The officers only have to have reasonable 4 ~.

"

5 suspicion that this individual and the other individual, ~· Monishia Campbell, were in that vehicle. And so, then, 6 you go back to what we have. We have a known inform -- a 7

~ 8 known person making a presumptive -- a legally [i~esumptively reliable tip to law enforcement that these 9 ~ two people are in this vehicle. That's the -- and they're 10 1 11 in this area. That's the evidence that's in the record so 12

~ 13 Moreover, in addition to it being ] 14 presumptively reliable under the law, that individual that's telling them that, has already previously been 15

·~ 16 found to be credible and reliable in the past. They go 17 out there. Sure enough, there's the vehicle. There's no

~ way that that is not reasonable suspicion for those 18 u 19 officers to stop that vehicle and further investigate what's going on. 20

~ 21 And so, on the basis of the stop, because ~ 22 reasonable suspicion is the only standard, the low 23 standard that we're using for the stop, there's more than

J

24 enough. There's ample evidence to support a finding of 25 reasonable suspicion that the stop is good. And as

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~---- - · - - - - ------272ND-DrSTRTCT-COURT------------. -------·--·--· ] \

111 J

J __

Counsel already said, there's no question that the

1 warrants are good, and the evidence is very clear that the 2 l

!

resulting s~arch was conducted pursuant to their inventory

3 '

policy. If it was not as thorough as Counsel would have

4 1 liked, that goes to weight, not admissibility. 5 ' ,, '\ MR. GRAY: Judge, I agree. The standard as 6 j to a detention is there must be reasonable suspicion to

7 1 1 pull over the vehicle; but with that, you need specific

8 } articulable facts to get into that. And they don't have 9 that. 10 n

u

They've got a confidential informant that we

11 don't know what in the world the person said to 12

1; Investigator Ledesma. We don't know about any of the 13 ~ i{ specifics, how he described my client, the vehicle, any of

14 if 15 these things. And the person hasn't been determined to ~ u be all he said was a broad statement. He's reliable,

16 :l or the CI is reliable. That's not enough. It's not 17 ~- specific and articulable. 18 } 19 If we can't go to that person and get specific facts as to how do you know that was the right 20

J

person, how do you kpow that was the right truck? And 21 ~ then, we have no ability to cross-examine this person 22 23 because they won't give us the information. 24 THE COURT: I'm going to deny the motion to suppress. 25

DENISE C.PHILLIPS, CSR

~--- ---- --------~------------~~-~-~~~~~-r~~~-~~T~~~~~~E_R _________ ~-- ----------- }

112

~ 1 Ready to bring out the jury?

J-

2 MR. CALVERT: Yes, sir. ~

J,

3 MR. GRAY: Yes, Judge. 4 THE COURT: Bring them out.

~ 5 {Jury seated.} ~ 6 THE COURT: Everyone be seated. 7 Mr. Gray?

~

;:;

8 MR. GRAY: Judge, we would call Monishia 9 Campbell. ~ 10 THE COURT: All right. u 11 I believe I have previously placed this 12 witness under oath.

~ 13 Go right ahead, Mr. Gray. J 14 MR. GRAY: Thank you, Judge. u

15 MONISHIA RENE CAMPBELL, ~ 16 .h~ving been first duly sworn, testified as follows: n 17 DIRECT EXAMINATION u 18 BY MR. GRAY: } 19 Q. Could you go ahead and state your name for the 20 record?

~ 21 A. Monish~a Rene Campbell. . ~- . ~ 22 Q. Okay. And just to kind of look forward right 23 away, do you know David Greer? ~ 1'

24 A. Yes, I do. 25 Q. How do you know him?

~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~- ~·-------- ---------------------2-?2ND-DISTRTCT-COURT _________________ - - - - - - ~

113 J l

A. I was in a relationship with him for years. 1 J- Q. Okay. About how long were you two in a 2 l 3 relationship? 4 A. Two years.

~- u Q. Two years. Okay. And let me draw your attention

5 u to February the 16th, 2012~ Were you with David in a 6 vehicle that was pulled over by the police? 7

] A. Yes, sir. 8 Q. Okay. And not going into the specifics as to the 9

J

10 arrest, you were arrested and placed in handcuffs; is that 0 [J right? 11 12 A. Yes, sir.

~

u

13 Q. Okay. And was David -- was he also arrested and J 14 placed in handcuffs? u 15 A. Yes, sir. '1 J

16 Q. Now, we've talked about February 16th, which was 17 the day of the arrest. The day before that, did anything ~ 18 happen between you and David? ~ !J u 19 A. We got in an argument.

20 Q. Okay. And not going into what anybody said, was ~ 21 it your intention at that·~~{~t that you guys were going .... · ... 0 22 to break up? u 23 A. I needed some space away from him. I was mad. ~ ~

24 Q. Okay. And so, in response to that, what did you !\ 25 do as far as your belongings?

J

DENISE C.PHILLIPS, CSR

~ .. ' OFFICIAL COURT REPORTER

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114

J

l 0

1 A. I grabbed whatever clothes and items I could grab, and I grabbed a gun and placed it in my bag and 2

J

3 left. Q. Okay. 4

A

~

5 A. I had called him the following day, the next day ~ 6 and asked him to come get me, and he did, and we got 7 pulled over.

n tl

J

8 Q. Let's back up just a little bit. So, you grabbed ~ 9 all your belongings, What all did you grab? u 10 A. I grabbed the gun. I grabbed some clothes, a ~ 11 jacket, just a bunch of stuff. I mean, it was the heat of 12 the moment. I was mad. Whatever I could grab.

J

13 Q. And where did you -- where did you place those n items? ~ 14

15 A. In a bag, kind of like a duffle bag. ~ 16 Q. Okay. il 17 A. I just crammed it all in there. u 18 Q. And then, where did those items ultimately go?

J

19 A. In the back of the truck. 20 Q. Okay.

~ 21 A. But they -- it was all mine. 22 Q. Okay. So, we have these items that you put in 23 the back of the truck. Is that the same truck that David 24 was driving on the date that y'all got pulled over? 25 A. Yes, sir.

DENISE C.PHILLIPS, CSR

1~··· ~-- _____________________ o_~-~-~~~A~I"~~~~-~TR~;g~~..-E_R ___________ ^[1] __________ ~ 'l

115 I J l .. 1 Q. Okay. . ·. 2 MR. GRAY: May I approach, Judge? J 3 THE COURT: Yes, sir. 4 Q. (By Mr. Gray) Let me show you a couple of items.

~ 5 One of which is going to be this jacket. Do you recognize ~ 6 this jacket? 7 A. Yes, sir.

J 8 Q. Okay. And how do you recognize it? 9 ~ A. That's a jacket that I had in my property. 10 Q. Okay. Is that one of the items that you grabbed ~ 11 when you were getting your belongings together? 12 A. Big possibility, because like I said, I was mad;

~ 13 and I just grabbed a bunch of stuff. ~ · . . . 14 Q. Okay.

I

15 MR. GRAY: What did we do with the gun? Is ~ 16 it locked up? i] 17 Q. (By Mr. Gray) We've already checked to make sure ~ 18 there's no ammunition; and it's not a live pistol; but J 19 just looking at this, do you recognize this? 20 A. Yes, sir.

J 21 Q. What is that? 22 A. That is a .22 revolver.

J 23 Q. Okay. And whose revolver is that? ~ 24 A. That is mine. 25 Q. Okay. And does it look -- I guess other than the

~

DENISE C.PHILLIPS, CSR

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116

l dust, the fingerprint dust, does it look to be in about 1 2 the same condition as the last time you saw it?

J 3 A. Pretty much. 4 Q. Okay. And you say that that's your gun; is that

~ 5 right? !J 6 A. Yes, sir. 7 Q. That's not David's gun?

~- 8 A. No. 9 Q. Okay. Why would you need a gun?

~ 10 A. I had been sexual assaulted and kidnapped a ~ 11 little while ago. Protection. 12 Q. Okay. I drew your attention to the date of

n lJ

13 February 16th. Was the rape and kidnapping, did that ·~ 14 happen before this date? 15 A. Yes.

~ 16 Q. Okay. Now, my intention is not to go into the 17 details of that or to bring that up, but is it fair to say

~ 18 that's why you had the pistol with you? ~ 19 A. That's exactly why I h~d it. 20 Q. Okay. Now, when you grabbed that, that pistol

~ 21 and your clothes, do you recall precisely where you put 22 the pistol?

J

23 A. No, I was -- like I said, it was the heat of the :l lJ 24 moment. I just stuffed whatever I could wherever I could.

25 I just wanted -- I was mad, and I just wanted to get up ~

DENISE C.PHILLIPS, CSR

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117

1 and get out of there. But I definitely didn't want to 1 leave the house without being armed with something. 2

Q. Was that -- was it such that you left the -- even 3 4 though you don't know where precisely you put the pistol,

is it do you recall whether you left it out in the 5 n open; or would it have been potentially covered with 6 u something? A. Pretty much I would have covered it with something because I wouldn't want him knowing that I had it.

Q. Why is that? A. Because I knew he was a felon. I didn't want to

get him in trouble. Q. Okay. And when you grabbed your clothes, was it just one or two garments; or was it a pile? A. It was a bunch of stuff. Q. Okay. So, not a situation where you planned a

trip to the Bahamas; and you neatly folded and packed everything?

A. Exactly, I just crammed and stuffed. Q. Okay. At the time that you-all were pulled over

on February 16th and a day or so before that, would it be fair to say that you were concerned for your safety?

A. Yes, I still am. Q. Now, at least at that time, to your knowledge,

DENISE C.PHILLIPS, CSR

~ __ ----~ _ ----~~--- __________ 0_~-~-~~~~~T~~~~~T~~~~:~-E_R _ __ _ ~------ ~~-------- 0

118

D- was that individual out on bond that committed those acts 1 against you? 2 0 3 A. Yeah, he was. They put some bracelet around his 0 ankle thinking that would keep him away. 4 Q. Okay. Now, that -- that -- that, in fact, is 5

0 David's jacket; is that right? 6 A. Yeah. 7 0 Q. Okay. But would you wear it from time to time? 8 0 A. I wore all his jackets. 9 Q. Okay. Do you -- do you tend to wear -- I mean, 10 0 you're a petite you're a small person. Do you tend to 11 0 wear larger jackets? 12 A. I stay cold, and bigger jackets keep me warm. 13 0 I'm able to tuck myself up in them. 14 Q. Okay. And we've already looked at the video; and 15

0 the Prosecutor may play some of that for you here in a 16 0 17 little bit; but when you were arrested, were you wearing 18 an oversized jacket then?

0 19 A. I was wearing an extra large. 20 Q. When you were arrested? 0 A. Yes. 21 0 22 Q. And then, I guess, more recently when I and my legal assistant came out to the country -- and we won't 23

0 24 get into the address and disclose the location as to where 0 25 you're living right now -- but when we went out there,

PENISE C.PHILLIPS, CSR

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119

o ... 1 were you wearing a jacket then? .I was wearing a XL -- an XL jacket. 2 A. 0

Q. Okay. And that was different than the black one

3 ..

B

and the one you were wearing at the time of your arrest; 4 is that right? 5

0 A. Yes. 6 Q. Had you ever seen David Greer handle that gun? 7

0 A. No. 8 D Q. Did you have any information or anything to lead 9 you to believe that he was aware that gun was back there? 10 0 11 A. I know for a fact he didn't have no clue. Like I 0 12 said, I wasn't mad at him; but I wasn't wanting to get 13 anybody in trouble. 0 14 Q. When you stayed with ~- were you guys sort of 15 living together at that time?

0 16 A. Yes, we were. 0 17 Q. Okay. When you would stay with him and you were 18 living with him, where would you keep that gun at then? 19 A. I had a hole in the wall, out of sight, out of 20 mind. 21 Q. Again, I don't -- my intention is not to upset

u 22 you, and I don't want you relive the past, but there's a few other questions I need to visit with you on. 23 24 Have you -- have you been convicted of any 25 felonies or crimes of moral turpitude that would be

DENISE C.PHILLIPS, CSR

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\

0

120

0-. misdemeanors? 1 A. That would be misdemeanors? 2

0 Q. Any felonies. First of all, let ^[1] s· talk about 3 felonies. ·Have· you been convicted of any felonies? 0 4 A. Yeah, possession of crack cocaine of less than a 5 0

gram.

6 Q. And where was that out of? 7 0

A. Galveston County.

8 0 Q. Okay. At the time of the arrest in February of 9 this year, were you on probation for that felony offense? 10 0 11 A. At the time of that arrest? 12 Q. Yes. 0 13 A. I was-- yeah,· I was supposed to be. I had a 0 14 warrant for my arrest in Galveston County when they pulled 15 us over in Bryan. I went and did eight months in

0 16 Galveston County after I had gotten the other charges 0 17 dropped. 18 Q. Okay. S9, let me stop you there. This probation

0 19 that you were on, eventually, you were revoked; and you 20 spent some time in jail; is that right?

0 A. Yes, sir. 21 0 22 So, it ^[1] s fair to say you wer.e convicted at some Q. point of that offense? 23

0 24 A. Yes. 0 Q. Okay. But going back to the date of February of 25

DENISE C.PHILLIPS, CSR

~-~ ' OFFICIAL COURT REPORTER l:::J . -- --- - ........ - ------·--·---------·----------- __ 2_7_2 ND_D_I S..TR LCT_~C_O_URT ______________________________________________________ _ B

121 this year when you guys were pulled over, were you -- you 1 had not been revoked; is that correct? 2 A. When this happened and not -- not at the time. I 3

· · - - • -+ •• • think it was pending is -- when I got there, they said it 4 was pending [sic] on whether they needed to revoke it or 5 if they were going to reinstate it or just let me do my time; and I chose to just do time. I think there's a little bit of confusion

Q. Okay. there. So, let me try to clear it up. You understand that the way it works is if you're placed on probation and you do everything you're supposed to, everything is good and you don't get arrested; is that right?

A. Exactly. Q. Okay. But if you violate your probation in any

way, there's a possibility they could file a motion to adjudicate or a motion to revoke; is that fair to say? A. Yes. Now, even though there may be a warrant out Q.

pending, until a District Judge accepts -- either has a hearing or accepts a plea, then that case is not final. Does that make sense?

A. Exactly. Q. Okay. So, I want to go back in time again to

February. There may have been a motion to proceed filed,

DENISE C.PHILLIPS, CSR

n

122

D but had you been revoked and sent to jail yet? 1 A. No. 2

O Q. Okay. And do you know what type of probation you 3 B were on there in Gai"veston? 4 I was on deferred, deferred adjudication. A. 5

0 Q. Okay. And is that such that you're not 6 convicted -- 7 0 If you complete the deferred, you don't have it A. 8 0 no longer on your record. I didn't complete it. 9 Q. Okay. And then -- okay. So, then, that's the 10 0 felony. And then, are there any misdemeanors, the 11 moral-turpitude-type crimes, which would be thefts or 12 0 A. I've got two thefts. I've got prostitution. 13 0 14 Q. And those were convictions as well? A. {Nods head.} 15

0 Q. 16 0 awhile on that ~n~ case; i~ th~t right? 17 A. Yes. 18

0 19 Q. Okay. And are you and David currently together now? 20 0 A. {Shakes head.} 21

D

22 Q. No? Okay. 23 MR. GRAY: Pass the witness.

D

24 CROSS-EXAMINATION 0 25 BY MR. CALVERT:

DENISE C.PHILLIPS, CSR

1-

OFFICIAL COURT REPORTER

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123 o. in February of Q. At the time, y'all were living 1 2012, you were living with him, right? 2

o~ (Nods head.) 3 A. 0 Q. You have to yes or no for the court reporter. 4 A. Yes. 5

0 Q. Okay. And the day before, you said that y'all 6 got in an argument; and you were packing your things. 7

0

Where was David when that was going on? You said it was

8 0 heated; He was still there, right? 9 10 A. Yeah, we were had arguments; and he -- 0 usually, when we fight or had an argument, he walks out. 11 0 12 Q. And so, he wasstill at the house when you told 13 this jury you were packing up your things? 0 14 A. Yes. 15 Q. Now, you told the jury a minute ago that the

0 16 Defendant didn't know that there was a gun in that jacket; 0 17 is that right? 18 A. Yeah.

0 19 Q. And let me back up for a step. Your testimony 0 20 was that -- that you had taken that gun that you're now 21 saying is yours; and you'd taken it from home; and then, [] 22 were with the Defendant and going back home·at the time 23 y'all got stopped, right?

0 A. Yes. 24 0 Q. And you said that -- you made it a point to tell 25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0 .. ____________ -------·-·----·---------- ______ 2_'I2:ti!D_D_IS.TRI.CT_CODRT _________________ ----~------ 0

124

the jury -- you specifically said when you were packing up 1 your things, you made it a point to get that gun and take 2 it with you, right? 3 0 A. Yes. 4 Q. Now, I think when you told Earl just a minute ago 5

0

what it was in -- I think your words were -- and I'm more

6 or less quoting -- "pretty much, I think I would have 7

D wrapped it up to hide it from him." That's what you said, 8 0 right? 9 A. Yeah. 10 0 Q. So, you -- are you saying you think you wrapped 11 0 it up; or are you saying you did wrap it up? 12 13 A. There's a big possibility I did wrap it up 0 because I -- No. 1, I wouldn't want him -- not just him to 14 15 see but anybody else.

0 16 Q. Okay. 0 17 A. And it's realiy hard for me to remember a lot at that time because, like I said, we were fighting; and it 18

0 19 was the heat of the moment. u Q. I understand. And I understand some time has 20 past, but I'm asking -- I'm not talking about 21

D possibilities. I'm asking about what you remember. 22' Are you telling this jury today that you 23

0 don't specifically remember wrapping up the gun before you 24 0 took it with you? 25

DENISE C.PHILLIPS, CSR

rJ ···"

OFFICIAL COURT REPORTER

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125 0 No ^[1] I'm not saying that. A. 1 Q. Okay. So ^[1] you do specifically remember wrapping 2

0 3 up the gun before you took it with you? 0 A. Yeah ^[1] I'm going to go ahead and say that because 4 that's usually what my actiohs would do. 5

[( Q. Are you saying it? 6 A. I'm saying ^[1] yes ^[1] I wrapped the gun. 7

0 Q. Right. I .understand you're saying that. Are you 8 0 saying it because that's what you would normally do ^[1] or 9 are you saying that because that's specifically what you 10 0 remember in this scenario? 11 0 12 A. That's what I can vaguely remember. 13 Q. Okay. Well ^[1] do you remember talking to me 0 ; yesterday out in the hallway? ; 14 15 A. Yes. 0 16 Q. And that was the first time you and I have ever 0 spoken about this case/ right? 17 18 A. Yes.

0 19 Q. And you remember telling me specifically that 0 you/ quote/ "wrapped it up in clothes." Do you remember 20 saying that? 21

0 A. Yes. 22 23 Q. And you didn't equivocate on that/ did you? You

0 24 didn't -- there was no hesitation when you told me that ^[1] 0 25 right? DENISE C.PHILLIPS ^[1] CSR ;

OFFICIAL COURT REPORTER

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126 0- A. There was. There was a pause. 1 Q. So, it's your testimony now that you -- are you 2 0

aware that I was recording that conversation?

3 0 A. No, I wasn't aware that you were recording 4 anything. 5 0 Q. Okay. And then you said that you wrapped it up 6 in clothes, and you put it in a black duffle bag with the 7 D rest of your clothes, right? 8 0

A. Yes.

9 Q. And you then said that it was still wrapped up in 10 0

your clothes and in that black duffle bag when y'all got

11 0 pulled over, correct? 12 A. Yes. 13 0 Q. So, that gun was in your bag, right? 14 A. Yeah, it should have been. 15

0 Q. Right. There's no reason for, like, in the car 16 0

ride for y'all to, like, take it out and do anything with

17 it, right? 18

0 A. Well, I remember specifically being -- before 19 being put into the police car, there were officers already 0 20 digging in the back of the seat digging through my items. 21 0 Q. I understand. I'm talking -- my question is when 22 y'all were driving around, there was no reason for y'all 23

0 to to have that gun out or anything like that, right? 24 [] A. There shouldn't have been, no; but I did have all 25

DENISE C.PHILLIPS, CSR

p· . OFFICIAL COURT REPORTER -l';j- ---- ·-- --- -----···- ··- ---------------2-7-2-ND-BI-STR-I-G-'I'-GGHR'I'-------------- ---·-- ----·· - - - ·--· 0 Cl

127 0-- my stuff thrown in the back when he picked me up. The 1 majority of my clothes were all in a bag. My jacket -- 2

0 Q. Let me try that again. WhiLe y'all were driving 3 0 around that day, before you got pulled over, there was no 4 reason for y'all to be having that gun out, was there? 5 0 A. No. 6 MR. CALVERT: May I approach the witness, 7

0 Judge? 8 0 THE COURT: Yes, sir. 9 Q. {By Mr. Calvert) You testified a minute ago to 10 0 Mr. Gray -- and I want to make this really clear. This 11 0 12 jacket right here, State's Exhibit No. 10, that's his 13 jacket, right? 0 14 A. Yes. 15 Q. He got this from his mom

0 16 A. Yes. 0 17 correct? Q. 18 And it survived a fire. That's why it was

D 19 significant, correct? A. Yes. 0 20 21 Q. And you told Detective Ledesma all about that, 0 22 how that was his jacket, right? 23 A. Yes.

0 24 Q. And where it came from, correct? 0 25 A. Yes.

DENISE C.PHILLIPS, CSR

rl .. ·

OFFICIAL COURT REPORTER

··tJ ------- --··-- ---------·-------- ··------ -·--·-------2-72ND-DI-STRrCT-·COURT---------~-----~•---------- 0 0

128 0- Q. Now, your testimony today, though, is that this 1 jacket was actually -- well, we can agree you weren't 2

0

wearing this that day, right?

3 0

A. Right.

4 5 Q. Because you were wearing another jacket. You

0

were wearing a camouflage jacket that day, correct?

6 n A. I wasn't wearing a camouflage jacket, no. Dave 7 was wearing the camouflage jacket. I was wearing a black 8 0 and red flowery satin jacket which was an extra L. 9 Q. Okay. Are you aware that he wasn't wearing any 10 0 11 jacket when y'all got stopped? 0 A. He had a camouflage hoody jacket on when we got 12 13 arrested. 0 14 Q. So, it's your testimony that at the time y'all

I

got stopped, when the police got behind y'all, Mr. Greer 15 0 w-as-wearing a camouflage jacket? 16 . . .---...... 0 17 'Yes .. A. 18 Q. Ok~y. And this, according to you today, was in

0 19 your black duffle bag in the backseat? 0 20 A. Yes. 21 Q. There was no reason because you were wearing a 0 22 jacket and you said that he was wearing a jacket -- there 23 was no reason for this, State's Exhibit 10, to be out, and

0 y'all doing anything with it while you're driving around 24 0 25 that day, correct?

DENISE C.PHILLIPS, CSR

-Q~--~ -·- --·-·------------0-!!~-~~~~:E~~-~~~T~~~-~-~~E~----------- __ 0 0

129 D--,· A. Correct. 1 n Q. Okay. Oh, another thing is you told Earl a 2 minute go that you know for certain -- well, obviously, he 3

0 knows -- the Defendant knows this is his jacket, correct? 4 A. Yeah. 5

'0

MR. GRAY: Objection. Calls for speculation

6 as to what someone else knows. 7 0 MR. CALVERT: I think the Defendant -- 8 0 THE COURT: Overruled. 9 Q. (By Mr. Calvert) There's no question -- I mean, 10 0 11 this is his jacket. It belongs to him, correct? 0 12 A. Yes. Q. He got it from his mother, correct? 13 0 14 A. Yes. 15 Q. Okay. He'd had that for a long time prior to 16 that day, correct?

0 17 A.· Somewhat, a few months. 18 Q. Months, right? He didn't get it the day before.

0 It had been there for a while, correct? 19 A. Correct. 20 0 21 Q. Now, a minute ago, you told Earl that you -- that 0 the Def~ndant did not know that that gun, State's Exhibit 22 No. 11, was in that truck. Do you remember telling Earl 23

0

that a minute ago?

24 0 A. Yes. 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

---------~------------· ---------2 72ND-DISTR-r-CT-COU1~.T---~-~--...,-------- -- ·---------~---~- []

13 0

0--, 1 Q. And so, there's certainly -- you know, did you carry that gun in that jacket? I mean, or -- or what did 2

[j 3 you wrap the gun up in when you -- when you wrapped -- you 0 say you wrapped it up in your clothes? 4 5 A. I wrapped it up in my clothes and stuck it in my

0 6 bag. 0 7 Q. Okay. 8 A. I -- 0 Q. So, when you say "wrapped it up," you didn't like 9 10 specifically put it in a particular pocket. You just kind 0 of wrapped it up and stuffed it in, right? 11

D

A. (Nods head. ) 12 Q. You have to say yes for the court reporter. 13

0 14 A. Yes. Yes. Yes. Yes. Yes. Q. And you're telling this jury that the Defendant D 15 16 had no idea that there was a gun or anything illegal in [i 17 that vehicle, correct? 18 A. Correct.

0 19 Q. And you're telling this jury that there's no 0 20 question at all in your mind, in his mind and anybody's 21 mind that was there, that that jacket belongs to him, 0 22 correct? 23 A. Correct. 0 24 Q. So, we can agree that there was absolutely -- if 0 25 he knew -- or excuse me -- if he did not have any idea DENISE C.PHILLIPS, CSR g -------- ------ --- ~----~ ----------~-----~~-~~~~~I~~~~-~T R~~~~~~~--~--- ------------------------------------------ u 0

131

n-- ...... - that there was anything illegal in that truck or that 1 there was a gun in that truck, would you agree with me 2

0

that there was absolutely no reason at all for him to lie

3

[J

to the police about that being his jacket? 4 A. Exactly. 5

[] Q. Okay. When you talked to Rick Ledesma -- and you 6 knew Rick Ledesma before that day, right? 7 0

A. Yes.

8 0 Q. Y'all had a relationship, correct? 9 A. He was the investigator on my kidnapping case. 10 0 Q. Right. He's a nice guy, right? 11 0 A. (Nods head. } 12 Q. Was he always good to you, friendly to you? 13 0 A. Yeah. 14 Q. He came -- do you remember him coming up to you 15

0 while you were sitting in back of the squad car after you 16 0 17 got arrested and having a conversation with you? 18 A. He had asked me

0 Q. Well, before we get into that. Do you remember 19 him coming back there and having a conversation with you? 20 0 Yes or no. 21 [] 22 A. Yes. 23 Q. And when he came back there, he had that jacket

0

with him, correct?

24

[I

25 A. Yeah. y

DENISE C.PHILLIPS, CSR

0 ·-- - ------ -------------- OFFICIAL COURT REPORTER 272ND-D"I-STRrCT--C01:JRT-----------~~~--~-- --·--·----- 0 n

132 0-· Q. And he asked you whose jacket that ·was, correct? 1 2 A. Yes.

0 Q. And then before you answered, he told you 3 0 4 something, didn't he? He said tell me the what? A. Truth. 5

0 Q. Uh-huh. And what did you say? 6 A. I told him the truth. 7

0 Q. You said -- and let me clarify. You refer to him 8 0 as Hillbilly, right? 9 10 A. Yes. 0 11 Q. That's his name to you. You don't call him Dave 0 12 or David. You call him Hillbilly? 13 A. I call him Hillbilly, yes. 0 14 Q. You told Rick Ledesma, "That's Hillbilly's 15 jacket," correct?

0 16 A. Yes.

D

17 Q. And then,. Investigator Ledesma asked you, "Do you 18 want to claim the gun that was in this jacket"? Do you

0 remember him asking you that? 19 A. He asked me word for word if I knew whose gun it 0 20 21 was. If I knew that gun -- that there was a gun in it. - 0

---···----.

22 Q. Are you aware that you were being videotaped at 23 that point in time?

0 24 A. No, I wasn't. 0 25 ·Q. Okay. So, can we agree that the videotape would DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

Q~-~- -- ----- ----- --------- ----- -- -------2-7-QNB--B-I-S-'I'-R-I-€-T--GGURT·----- -------·-- ----·-----··------- u 0

133 probably be a little bit more clear on that conversation 1 Cl than your recollection? Would you agree with me on that? 2 0 3 A. Yeah. 0 Q. Okay. And so, if the videotape shows 4 Investigator Ledesma going back there and saying -- well, 5

D

I'll come back to that in a minute. 6 He asked you about the gun that was found in 7 0

that jacket, correct?

8 0

A. Yes.

9 Q. And when he asked you about the gun, you were 10

D

really surprised to find out there was a gun in that 11 0 12 jacket or a gun anywhere in the truck, weren't ever? A. I wasn't really surprised. I was scared. 13 ·o Q. So, it's your testimony that you were not 14 surprised when Investigator Ledesma told you that they had 15

0 found a gun in that jacket? 16 0 17 A. Exactly. 18 Q. And you immediately said no, no, no, no, no,

0 19 that's not my gun, right? 0 A. Yeah. 20 21 Q. And you were not a convicted felon at that point,

0 22 right? A. No. 23 24 Q. There was nothing illegal about you having a gun 25 at all, was there?

DENISE C.PHILLIPS, CSR

0

134

A. No, there wasn't; but I did not know that 1 specifically at that time either. 2 Q. Now, you several times told Investigator Ledesma, 3 "That is not my gun. That is not my gun -- or not my 4 5 jacket. That's Hillbilly's jacket, and I didn't know that

0

there was a gun. It's not my gun. It's not my gun." You

6 told him that? 7 0 -' A. I told him it's not my gun. 8 0 Q. And the next thing you asked him was you were 9 really concerned about Hillbilly getting in trouble, 10 0 11 right? 0 12 A. (Nods head.) 13 Q. You have to say yes.

0 14 A. Yes. 15 Q. In fact, you asked him, "Is Hillbilly going to

0 16 get in trouble for a long time?" Do you remember asking 0 17 him that? 18 A. Yes.

0 19 Q. At that point in time, it was clear based on the 0 20 conversation y'all were having that if they found a gun, 21 this could be real bad, right? 0 A. Yeah .. 22 23 Q. And you told the jury a minute ago that you knew

0 24 he was a convicted felon, right? 0 25 A. Yeah.

DENISE C.PHILLIPS, CSR

Q --- -~- -------------- ------~~!-~-~-~~~1-~-~-~~~T~~~~~~~~----· ----------- --··---·---------·-- ' n

135

-rJ-

Q. And you knew that that could be real bad for him,

1 o real bad for him if he gets caught with a gun? 2 A. Yeah. 3 0 Q. And you knew that in that moment, correct? 4 5 A. Yes, sir.

0 Q. There was no question in your mind about that? 6 A. No, sir. 0 7 Q. And you didn't want to see anything bad happen to 8 D him, right? 9 10 A. Not for something he didn't do. 0 Q. Y'all were still in a relationship, right? 11 0 A. Yes. 12 Q. Loved him? 13

0 14 A. Yes. Q. Lived with him? 15

0 16 A. Yes. 0 17 Q. And at no point in t;.ime at all while y'all were 18 out there on the roadside did you ever tell Investigator

0 19 Ledesma or anybody else out there that that wasn't his 20 gun? ,0 21 A. I did tell Ledesma that it was not his gun. 0 22 Q. Are you telling me and are you telling this jury 23 that in that conversation right there on February 16th,

0 2012, you told Rick Ledesma that was not his gun? 24 0 25 A. I told him it wasn't Hillbilly's gun, and I told

DENISE C.PHILLIPS, CSR

n

OFFICIAL COURT REPORTER

tj-· ----· -- ----- ·- -·---------------------2-7-;2-ND-DISTR-IeT-eGURT------------------- ------------- 0 D

136 ·0-- 1 him it wasn't my gun, but the jacket was his. Q. And so, you -- I want to make clear I'm 2

0 3 understanding you. It is your testimoriy that that day in ·0 that moment when you knew how bad it would be for him if 4 5 he got caught with a gun, you toid Rick Ledesma that that

0 gun did not belong to him? Is that your testimony? Yes 6 or no. 7

0 A. I'm telling you, yes, because he had asked me if 8 0 9 that was Hillbilly's gun; and I told him, "No." I said, "Is Hillbilly going to get in a lot of trouble"? 10 D 11 He said, "Is this your gun?" 0 I said, "No." 12 13 Q. Later on that day, when you were being

0 14 transported -- as you were being transported by another officer, another Sheriff's deputy named Sam Ballew. Do 15

0 16 you remember that? Do you remember being in the car ride Q 17 to the jail? A. Yes. 18 0 19 Q. And during that car ride, you told Deputy Ballew 0 20 that you had no idea that there was a gun in the car? Do 21 you remember that? D 22 A. Yes. 23 Q. And that was after you had a conversation with 0 24 the conversation that you just talked about with Deputy 0 25 Ledesma; is that right?

DENISE C.PHILLIPS, CSR

-8,~-- ___ -------------------0~~~-~~~:E-~~~~~T~~~~-~~-E_R _______________ . __ 0 n

137 [J A. Yes. 1 2 Q. Because, obviously, the talk with Investigator

[1 Ledesma happened before you got transported to the jail, 3 n 4 correct? A. Yeah, it was right in the door of the vehicle. 5 n 6 Q. Right. 0 MR. CALVERT: Judge, right now, I'm going to 7 pass the witness. 8 0 9 REDIRECT EXAMINATION 10 BY MR. GRAY: 0 11 Q. Just to clarify a few things, going back to when 0 12 you visited with Investigator Ledesma, okay? 13 As to the jacket, you did indicate that

[J

14 this was on the February arrest date that it was 0 15 Hillbilly's jacketi is that right? 16 A. Yes. 0 Q. Hillbilly referring to David? 17 18 A. Yes.

0 19 Q. And as to the gun, you did not take ownership of D 20 the guni is that correct? 21 A. Yes. D I 22 Q. Okay. You didn't say that it was Hillbilly's or 0 23 whose it was. You just didn't take 24 A. I didn't claim it. 0 25 Q. Now -- but you, in fact -- I mean, that was your Qj DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

--------------------- ------z.-7 2-N-D-DTSTR:-:r-cT-COtJRT------------ -_ ---------- -. -----·- - - - - LJ 0

138 Q __ gun; is that right? 1 A. Yes. 2

[J

Q. All right. So, I mean, why did you lie to -- it 3 n maybe splitting hairs as far as ownership and stuff, but 4 you weren't completely truthful with Investigator Ledesma 5

D at that time; is that fair to say? 6 A. Yes. 7

0 Q. Okay. Why not? 8 0 A. I was scared. 9 Q. Okay. Why -- 10 0 A. I didn't know if I had a warrant for my arrest or 11 0 if I had a felony due to Galveston County charges on my 12 probation. I didn't know if I had a felony or not. 13

0 Q. Okay. 14 A. I didn't want to get in trouble. And so, yeah; 15

[] and I told him I -- I kind of have trust issues when it 16 ,0 17 comes to police. 18 Q. Okay. When this conversation happened between

0 19 Investigator Ledesma, you were under arrest; is that n 20 right? A. Yes. 21

D,

22 Q. Okay. And were you in handcuffs? A. Yes. 23

0 24 Q. Were you in the back of the patrol car? u 25 A. Yes.

DENISE C.PHILLIPS, CSR

-Q-~- --- -----

OFFICIAL COURT REPORTER

---- ----------------------------272Nn--nrSTRICT-COURT ________________________ ------------------- 0

139

Q. Now, you indicated that you told Ledesma that -- 1 2 that it wasn't Hillbilly's gun, that it was your gun; is that right? 3

n A. Yes. 4 ll Q. Okay. Did that conversation happen after this 5 !l

u,

February date in the jail?

6 A. Yeah. 7

1 Q. Okay. And do you remember the specifics of that 8 conversation well, let me back up. 9

10 Was Investigator Ledesma there and visited 11 you there as to the kidnapping case that you were a victim on? 12 13 A. He -- he only talked to me a few times on that 14 case, but it wasn't -- it wasn't too much on when I was in jail. He was asking me -- 15 16 Q. We don't want to go into a. lot of specifics of

n 17 other things, but is it fair to say this was after -- this u

18 was after the date of the offense, though?

19 A. Yes. Q. And were you still in custody in the Brazos 20 21 County Jail? 22 A. Yes, I did two months in Brazos County. 23 Q. Okay. And is that when you told him that the gun that you had to get a gun? 24 25 A. Yes.

DENISE C.PHILLIPS, CSR

J- OFFICIAL COURT REPORTER ---·-- --·-·-----·-----------------------:2/:2-ND-IJI-STRrCT-COURT--------·-·------·----- ·-·--··---··-------- J 0 140 0 1 Q. Did you indicate why? A. Self-defense. 2

0 Q. Did you tell him why? 3 0 A. Self-defense because the way I look at it is you 4 5 get kidnapped and you get raped, that's somebody that

0:

doesn't want you to live. And they just put a bracelet on

6 their foot and all they have to do is cut that bracelet 7

0 off. That guy could cut it off and come find me at any 8 0 tirnei and if he ever gets his hands on me again, I'm dead. 9 I told him that's why I had that gun, was for protection. 10 0 Q. And I know this has been a while back, February 11 0 of this year. You grabbed your belongings and the clo.thes 12 and the jacket and the gun. Do you have any distinct 13 0 14 memory as to where you put each item at all? A. No, I mean, I have a vague memory. I mean, 15

0 N6. 1, it has been a while. No. 2, I was mad at the time 16 0 17 that all of this was happening and going through a lot, 18 and my mind is already foggy. I do remember sticking it

0 19 in -- I do remember sticking it in a bag in my -- in my 0 belongings. I do remember doing that. 20 21 Q. Is it possible at some point ·you could have 0 22 placed the gun in that jacket? 23 A. There's a big possibility I probably grabbed the

G

24 jacket, wrapped the gun up and stuck it in there with a 0, 25 bunch of my other clothes. I mean, there's a huge

DENISE C.PHILLIPS, CSR

ft

OFFICIAL COURT REPORTER

-}j- -- ~ ---~ -- ----~--------------------2-72-ND-D-I-STR-r-eT-eOURT --· ------~--------~- ~---------------- 0

141

0--. possibility of that. Because like I said, I just grabbed 1 stuff and started stuffing. I was mad, and I wanted to 2 n

get out of there.

3 0

Q. And now, when you were -- when you were placed

4 5 under arrest, they actually took you to a patrol car just

IJ a little bit aways from the truck; is that fair to say? 6 A. Yes. 7 0 Q. So, you were not present and observed the 8 0

investigators as they went through an inventory or looked

9 for items; is that right? 10 0

A. Yes.

11 0 MR. GRAY: Pass the witness. 12 MR. CALVERT: Judge, I have no further 13 0 questions at this point in time. 14 15 THE COURT: You can step down.

0 MR. GRAY: Judge, we would ask that she be 16 0 excused. 17 18 THE COURT: All right. You're finally

G

excused. 19 0 MR. CALVERT: As long as we got a number on 20 her, Judge, if we need to get her back up here. 21 0 22 THE COURT: You are subject to recall. We need to have your phone number. 23

0 MR. GRAY: I've got it. 24 0 25 MR. CALVERT: Earl's been able to get ahold

DENISE C.PHILLIPS, CSR

g-~:~ --- --- -------------------------~~~~~~~~-1-~~~~~T~~~~-:~~------------- -·-----·---- u

J 142 l l. i of her. We trust him.

THE COURT: Call your next. 2

J

MR. GRAY: Judge, we would rest. 3 n

THE COURT: Defense has rested its case.

4 u

MR. CALVERT: We'll going to have some

5 l (J rebuttal, Judge. Do you want to do that now or after

6 lunch? 7

J THE COURT: Let's go ahead and get started. 8 ~ MR. CALVERT: We'll recall Rick Ledesma. 9

:J

{Bench conference:} 10 il

u

MR. GRAY: Judge, I anticipate that they're

11 n calling Ledesma to dispute Monishia's testimony. I would 12

J

13 object at this point in that it's been established that

J

14 she told the Investigator Ledesma that the jacket was 15 Hillbilly's, which is what they had asked her. So, that's

~

ijj

not an issue. She's admitted that she said that. And

16 .. then, that she did not take ownership of the gun. I u 17 clarified the conversation as to her telling Ledesma it 18 ~ was her gun. She needed it for protection at a later date 19 20 while she was in jail.

u 21 So, I would object to any extrinsic evidence

J

22 to prove up -- to impeach the witness when the witness has 23 effectively admitted that she wasn't truthful with the

~ police on that date. 24 0 25 THE COURT: So, you're saying that this guy

J

DENISE C.PHILLIPS, CSR

,u_ .. /

OFFICIAL COURT REPORTER

~------ ----------------------- ---2·7 2ND--D IBTRTCT-COURT ---------------- - - - ~-------- 1 J

143 can't impeach anything that she's-testified to? 1 MR. GRAY: Well, I mean, if she admits that 2

yes, she didn't tell the truth, he can't use extrinsic 3 evidence. 4 THE COURT: What do you say to that? 5

MR. CALVERT: Two things: One, she 6 testified -- and I asked her three or four different times 7

three or four different ways if that conversation she was 8 talking about with Ledesma where she told him it was not the Defendant's gun was at the scene that day. She very, very clearly said: "Yeah, it was at th~ scene that day."

Once she found out she was being videotaped, on redirect, she changed her testimony and said that happened later.

And so, we can -- (Bench proceedings concluded.) THE COURT: Overruled. MR. CALVERT: Judge, at this point in time,

we had previously offered State's Exhibit No. 3, pursuant to a stipulation with Defense, certain portions of the audio were redacted. For these purposes now, we are going to offer all of State's Exhibit No. 3 with the audio included.

THE COURT: Any further objection?

C''

·')

MR. GRAY: No additional objection. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ U ·-·- ----- ____ .. ____ ........... --------------------------272ND-DTSTR-r-cT-COURT _________________________ - -------------------- :} l

144

J-, .THE COURT: Go right ahead. It's admitted. 1 RICARDO LEDESMA, 2

J

3 having been previously duly sworn, testified as follows: DIRECT EXAMINATION 4

8 BY MR. WARD: 5 u Q. Detective Ledesma --· 6 MR. WARD: Judge, may we get the lights 7

J

dimmed just a bit? 8 THE COURT: Yes, sir. 9 J (Video playing.) 10 ~ Q. (By Mr. Ward) This is the in-car audio and video 11 from Officer Ballew's patrol car. Do you recognize any of 12 R !) u the individuals that are in this right now?

13 ~ A. Yes, sir, I do. 14 Q. Okay. Who are they? 15

n u A. That's myself and Monishia Campbell.

16 17 Q. Okay. And can you specifically describe what

~ she's wearing right now? 18 ~ A. She's wearing a camouflage jacket. 19 20 Q. Okay. I'm going to rewind this just a little

~ 21 bit, Detective. Okay. And is there an individual sitting ~ 22 on -- on the tailgate of that For~ Ranger? A. Yes, sir. 23 ~ 24 Q. And do you know who that individual is? 25 A. Yes, sir. ~

J

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER r I - - - - - ;-------- 2i2ND DISTRICT COURT - J

145 Q. Who is that? 1 A. It's David Greer. 2

0 Q. Okay. Can you describe what he's wearing right 3 now? D 4 A. He's wearing a black -- looks like a cut-off 5 0 T-shirt and some camouflage p~s. 6 Q. And you testified earlier that although you 7

D

weren't there immediately when the stop happened, you got 8 0 on scene pretty quick? 9 10 A. Yes, sir, right as the traffic stop was being o-

made.

Q. And we can actually -- we can actually rewind 12 0 13 this whole video, and we can see you rolling up because

D

14 your pretty distinctive when you roll into the camera 15 right there?

0 16 A. Yes, sir. 0 17 Q. From the time that you were on scene until the time that everyone left, did you ever observe the 18

D

Defendant wearing a. jacket? 19 A. No, sir. 0 20 21 Q. Now, I'm going to fast forward this a little bit. 0 And you also had a conversation with the Defendant later 22 23 on that day, didn't you?

0 24 A. Yes, sir. Q. Was he in the backseat of a patrol car? D 25

DENISE C.PHILLIPS, CSR

11

OFFICIAL COURT REPORTER

-t:j- --- ----- --------- -----------------------------2-7-2-N-B-D·I-STRI-eT-eGHRT--------------------- ----------------- D n

146 0- 1 A. Yes, sir. Q. Was that conversation recorded? 2

D

3 A. Yes, sir. - 0 Q. Did you ask him any questions concerning the 4 5 ownership of the black leather jacket?

D

A. Yes, sir. 6 ' Q. And what was his response? 7 11

LJ

A. He said it was,not his.

8 0 9 Q. He specifically said that that leather jacket was 10 not his jacket? 0 A. Yes, sir. He said that he had -- thai his was 11 0 12 camouflage. (Video playing.) 13 0 14 Q. (By Mr. Ward) Is that 'you right there with the 15 jacket?

0 16 A. Yes, sir. 0 17 (Video playing.) 18 Q. (By Mr. Ward) Detective, at any time during your

0 19 entire conversation with Monishia Campbell on scene, did 20 she say that gun was not David Greer's gun? 0 A. No, sir. 21 0 22 Q. Did you have a conversation with her a couple of 23 weeks later, not specifically about this case, but abbut

0 24 another -- her case? 0 25 A. Well, it wasn't about her case specifically. It

DENISE C.PHILLIPS, CSR

n

OFFICIAL COURT REPORTER

t:J----- -- ---- -----------------------o2-92-NB-B-I-STR-IeT-e0URT------------~-------- _____ .. __________ _ 0 0

147 n was about other information. 1 2 Q. Her own stuff?

0

A. Yes, sir.

3 0 did she ever say anything to you Okay. Did 4 during that time about her owning a gun? 5 0

A. Yes, sir.

6 Q. Or getting a gun? 7 0 A. Yes, sir, she said she got a gun. 8 0 Q. Okay. And anytime during that conversation, did 9 she say that the gun she had got was the gun that was in 10 0 11 that truck that day? 12 A. No, sir. [] MR. WARD: Pass the witness, Judge. 13 0 14 CROSS-EXAMINATION BY MR. GRAY: 15

0 16 Q. So, as to the gun on this particular day in 0 17 February, the time of the arrest, you told the Prosecutor 18 that she never indicated that the gun wasn't David

0

19 Greer's; is that right?

20 A. No, that the gun

0 21 Q. She never said that the gun was not David 0

22 Greer's, is what your testimony to the Prosecutor was?

23 A. That it was. It's David Greer's.

D

Q. The gun?· 24 0 A. 25 Oh, the jacket. I'm sorry. The jacket, yeah.

DENISE C.PHILLIPS, CSR

-0-~ ------ _____________________ o;~~-~~~~I-~~~~~T~~~~:~-ER ________________ ---:------ 0 0

148 [t Q. Okay. Just the gun. They had elicited your 1 testimony that she never said that the gun was not 2

D

3 David's; is that correct? 0 A. Yes, sir. Well; I believe I asked her if she 4 5 claimed the gun that was in there.

0 Q. Right. And she said no, as to her? 6 7 A. That's correct.

D

she didn't say one way or the 8 Q. So, she said 0 9 other as to David? 10 _) A. No, sir. 0 11 Q. She didn't say it's not his, but she also didn't 0 12 say it is his? 13 A. No. 0 Q. Okay. And then, when you did visit with her ·in 14 the jail, she did indicate to you that -- this was after 15

0 the February arrest, I guess. You visited her in the jail 16 0 17 at some point; is that right? 18 A. Yes, sir.

0 Q. Okay. And she did -- she didn't specify as to 19 0 20 what gun or this particular gun, but she did say that she 21 had to get a gun for protection; is that right? 0 22 A. Yes, sir. 23 Q. Okay. And were you -- she's testified -- not to

0 24 a lot of the specifics -- but that she was a victim in a 0 25 rape and a kidnapping. And there's no reason to doubt

DENISE C.PHILLIPS, CSR

-Q--· --- ----

---------------0~~!~-~-~~~r~~-~~~T~~~~-~~-E--R----------I------·---·--

o

149 J l thati is that correct? Did you work up that case as well?

1

J··

A. Yes, sir, I did. 2 J Q. Okay. Is that a pretty serious case? , 3 A. Yes, sir, absolutely. 4 ~

!J

Q. Okay. Is it still pending?

5 ~ A. Yes, sir. 6 Q. Now, whenever you initially walked up, you had 7

J

indicated -- asked about the jacket, asked her who it 8 belonged toi and then, she says that jacketi but then, you ~ 9 hear a sigh, "that jacket, ahhhh," okay? Does that not 10 ~ mean to you that she knew something was bad about that 11 jacket, or why would she sigh? There's nothing wrong with 12

J

just having a jacket, right? 13 ~ A. No, there's nothing wrong with that, no, sir. 14 Q. And so, there would be no reason for a person to 15

~ say "that jacket" and then sigh? 16 A. I'm not sure I understand your question. ~ 17 18 Q. Well, if it was just a piece of clothing with ~ nothing illegal in it, if she had no knowledge that there 19 20 was anything illegal, a gun, whatever, in that jacket, she

~ would have just answ~red your question. "It's my jacket. 21 ~ It's his jacket. It's whoever's jacket." 22 It wouldn't make sense for a person if you 23

~ ask, you know, "Is this your jacket?" And she says, "That 24 jacket," and then she sighs, like, "Oh, heck, I'm in 25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~---- - - - - - --------~---~~~--~~-2-'72-ND-DI'STR-ICT~couRT~~~~--~~-~~~--~--~----- 0

150

1 trouble. Oh, heck, they found something in the jacket." D-- Do you see where I'm going? 2 0 3 A. Yes, sir. 0 Q. Okay. And so, to your when she sighedr did that 4 5 give you some information that she had some know1edge

0 6 there was something going on with that jacket? 7 A. I'm not sure I caught the sigh at that time. I 0 was more looking at her expression. 8 0 9 Q. And I understand; but -- and I know you haven't 10 reviewed the tape probably as I have and the Prosecutor 0 has. 11 0 12 A. Yes, sir. 13 Q. At least then when you reviewed it -- and I know

0 14 it's been a long time, and I apologize. But when you just 15 heard that, did you hear her sign?

0 16 A. You can hear her take a breath. 0 17 Q. Okay. And she says initially ^[1] "No, that's not my 18 gun;" and then, later on ^[1] she says,"- I didn't know

0 19 anything about the gun"? 0 20 A. Correct. 21 Q. That is right? 0 22 MR. GRAY: Pass the witness. 23 REDIRECT EXAMINATION

0 24 BY MR. WARD: 0 25 Q. Detective, I'm going to show you here in a second

DENISE C.PHILLIPS, CSR

-Q--~--· - OFFICIAL COURT REPORTER - - - - - - - - - - - - - - - - -2 72NB-:E>"I-STR-I-cT~ce:l1.:JRT---------------~ - - - - - - - 0 0

151 0 1 what's been marked-- MR. CALVERT: It's already in evidence. 2 0 (By Mr. Ward) It's already in evidence -- State's Q. 3 0 Exhibit 17. 4 MR. CALVERT: No, 3. Still on 3. 5

0 Q. (By Mr. Ward) Now, Monishia Campbell was pretty 6 clear that that was Dave Greer's jacket from the prior 7

0 video; is that correct? 8 0

A. Yes, sir.

9 (Video playing.) 10 0 11 Q. (By Mr. Ward) And just to be clear, this is the front facing patrol vehicle there; and Dave Greer's in the 0 12 13 backseat being recorded there at this time; is that 0 14 correct? 15 A. Correct. This is Officer -- Deputy Ficke's

0 16 vehicle. 0 17 (Video playing.) 18 MR. WARD: Pass the witness, Judge.

0 MR. GRAY: No further questions. 19 20 THE COURT: You can step down. 0 21 All right. Ladies and gentlemen, we'll 0 22 resume at 1:30. We've got a couple of other matters to 23 take up between 1:00 and 1:30. So, be back at 1:30.

u We'll continue the trial at that time. 24 0 (Jury retired.) 25

DENISE C.PHILLIPS, CSR

fl ______________________ o_~~~~~~~I-~~~~~T~~~~-:~-ER ___________ ----~-~-=---~

tJ

' ~----- [! . \ I 0

152 0- 1 THE COURT: Let's talk about the Charge. 2 MR. CALVERT: I'm going to work on it over

0 lunch. 3 0 4 THE COURT: All right. Can you get it to 5 Earl and let him look at it, so he can be thinking about

0 6 it? 7 MR. CALVERT: Certainly.

0 8 MR. GRAY: Do you just want to e-mail it to 0

9 me, and I can pull it up?

10 MR. CALVERT: Okay. 0 11 THE COURT: Now, how many more witnesses are 12 you going to have? 0 13 MR. CALVERT: Judge, I've got, I believe; 0 14 two more rebuttal witnesses; but I believe both of them 15 are going to be incredibly, incredibly brief. Probably

0 16 less than ten minutes apiece. 0 17 THE COURT: All right. And you don't have 18 anybody?

0 19 MR. GRAY: No, Judge. 20 0 THE COURT: So, hopefully, at 1:30, we can 21 agree on the Charge. If not, maybe I can get some idea of 0

22 where the disagreement is.

23 MR. CALVERT: Yes, sir.

[J 24 MR. GRAY: I can't anticipate anything. 0 25 MR. CALVERT: I think it's pretty

DENISE C.PHILLIPS, CSR

0------- ---- ---------------~!~-~-~-~~~I-~~~~~T~~~~-~~~R _________________ -------···---- u 0

153 o ... 1 straightforward, Judge. n 2 THE COURT: We'll see you at 1:30. (Noon recess.) 3 0 4 THE COURT: Y'all agree on the Charge? MR. CALVERT: I believe Earl is still 5 0

looking at it.

6 MR. GRAY: I'm going through it right now. 7

0 8 I can't anticipate anything, but I'll be quick. 0 9 THE COURT: Okay. 10 MR. CALVERT: Judge, I think we have an 0 11 agreement except it would help if I had the right style 0 12 and information on the verdict form. 13 COURT COORDINATOR: It also printed a blank

0 14 page on here. 15 MR. CALVERT: It did. It's because I

0 16 deleted a whole bunch of stuff. 0 17 MR. GRAY: Actually, I'm fine with it just 18 the way it is because I find it hard to believe he would

0 19 be found guilty of an offense that's not charged or 20 alleged. 0 21 MR. CALVERT: Right. I'm fixing the verdict 0 22 form now, Judge. 23 THE COURT: We ready -- well, no, we're not.

0 24 Ready to bring the jury out? o· 25 MR. CALVERT: Yes, Judge.

DENISE C.PHILLIPS, CSR

0~--~ ---

OFFICIAL COURT REPORTER

------------·-------2-72ND~DI-STRICT--COURT ______________ --~-----·-·- 0 0

154 n THE COURT: Did you say you had two more 1 2 witnesses?

0

MR. CALVERT: Two more, but they're going to

3 0 be very quick. 4 THE COURT: All right. Let's bring them 5 0

out.

6 (Jury seated.) 0- 7 THE COURT: Everyone be seated. 8 ·-' 0

MR. CALVERT: We recall Terry Young.

9 THE COURT: Mr. Young is ~till under oath. 10 0 Go right ahead, sir. 11 8 TERRY YOUNG, 12 13 having been previously duly sworn, testified as follows:

0 DIRECT EXAMINATION 14 BY MR. CALVERT: 15

0 Q. Are you the same Terry Young that testified in 16 u 17 the case this morning? A. Yes, sir. 18

\0 MR. CALVERT: May I approach the witness, 19 \ Q Judge?

20 ) THE COURT: Yes, sir. 21 ( tJ Q. (By Mr. Calvert} Investigator Young, when you were

22 doing the inventory on the Defendant's truck, you told the 23

B 24 jury earlier that you found this jacket with that gun in 0 25 it in the backseat; is that correct?

DENISE C.PHILLIPS, CSR

U OFFICIAL COURT REPORTER __ . _______ ·------- __ ------·--------------------~2_'I2ND_D_I S_TRI_CT_C_O_URT~-----------~--------- --·--------·---------- 0 0

155 n. 1 A. Yes, sir. 2 Q. I believe you also said durd.ng the inventory you

0 3 found a black duffle bag that contained a bunch of 0 4 clothing, correct? 5 A. Yes, sir.

rJ 6 I'm going to show you what's been entered into Q. 7 evidence as State's Exhibit 15. And is this the inventory

[l 8 form that Deputy Ficke filled out while y'all were doing 0 9 the inventory? 10 A. Yes, sir. 0 11 Q. Flipping over onto the back, you made reference 0 . 12 to one black canvas bag -- one black canvas bag with CDs; 13 is that right? 0! 14 A. Yes; 15 Q. Okay. And then you had assorted clothing; is

0 16 that correct? 0 17 A. Yes, sir. 18 Q. Okay. The -- the jacket, State's Exhibit 10, was 0 19 this t_hing found inside the black duffle bag that you 20 described that containe.d all of Monishia Campbell's 0 21 clothing? 0 22 A. No, sir, it was not. 23 Q. Okay. Thanks.

0 24 MR. CALVERT: I'll pass the witness. 0

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0 . . __ .. ____ ~ ------------~------- -----~222ND_DI STRICT __ COURT----------------~----------- -------~------ 0 0

156 0- CROSS-EXAMINATION 1 BY MR. GRAY: 2

0 3 Q. In all fairness, you can't recall exactly where 0

the location as to the jacket was, though, can you?

4 5 A. It was in the back area, but exactly whether

[1 right behind the driver's seat, right behind the 6 7 passenger's seat, in between, the exact particular

0 8 location, no. 0 9 Q. Okay. Same thing as far as whether the clothes were beside it, under it, on top of it, do you have any 10 0 knowledge of that?- 11 0 12 A. I can't remember specifically, no. 13 Q. Okay. And on that inventory list, I know that 0 14 the jacket and the gun and the bullets that were found 15 inside the gun was listed on a separate evidence list; is

0 that correct? 16 0 17 A. Yes, I think so. 18 Q. Okay. But that one bullet that was retrieved

0 19 that we talked so much about, long rifle or long, that was 20 0 not included on either one of those sheets; is that right? 21 A. I guess not, sir. 0 22 MR. GRAY: Pass the witness. 23 MR. CALVERT: Nothing further, Judge. And

0 24 we would ask that he be finally excused. 0 25 MR. GRAY: No objection.

DENISE C.PHILLIPS, CSR

fl

OFFICIAL COURT REPORTER

g" -----"" ___ ""·--""- --- -"·---"-----------·-------2-7-2NB-D~ST-R-:EG-T-G0URT---------------------"--- "-----"-·"--" ___ " ____ _ 0

"'

157

J

l-

1 THE COURT: You're finally excused. 2 THE WITNESS: Thank you, sir.

l 3 MR. CALVERT: We'll call Jason Ware. l (Witness sworn.) 4 5 THE COURT: Have a seat. Go right ahead. 1

MR. CALVERT: Thank you, Judge.

6 ,__} 7 JASON WARE, J 8 having been first duly sworn, testified as follows: ~ 9 DIRECT EXAMINATION J

10 BY MR. CALVERT: u 11 Q. Would you introduce yourself to the folks in the 12 jury, please?

J 13 A. I'm Jason Ware. I'm a Criminal Investigator with J 14 the Brazos County Sheriff's Office. 15 Q. And were you working as a detective with the J 16 Sheriff's Office back on February 16th of 2012? 17 A. Yes, I was.

J 18 Q. And were you present as one of the officers that J 19 was helping to execute the arrest warrants on Defendant 20 David Greer and Monishia Campbell?

~ 21 A. Yes, I was. J 22 Q. And after they were taken into custody, ·did you 23 stick around on the scene?

J 24 A. Yes, I did. 1 25 Q. And did you become aware that Deputy Ficke and DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ ------ ----·~ - ------- ---'------------ ---- ---2-7-2-ND--D-I-S'r-R-I-GT-GGUR'I'------------------- ---------------- l iJ n

158

o .. 1 Investigator Terry Young were conducting an inventory 2 search of the Defendant's truck?

D 3 A. Yes, I was. Q. And the jury saw the video earlier. If they saw 0 4 5 Terry Young standing there are on the passenger's side of 0

the truck doing the inventory, would you have been the guy

6 7 standing literally right behind him?

0 8 A. Correct, that was me. 0 Q. So, were you standing right there behind 9 10 Investigator Young while that inventory was being 0 11 conducted? 0 12 A. Yes, I was. 13 Q. Were you kind of keeping an eye on what they were 0 14 doing just out of curiosity? 15 A. Yes, pretty much.

0 16 Q. Okay. 0 17 MR. CALVERT: May I approach the witness, Judge? 18 0 19 THE COURT: Yes, sir. 20 Q. {By Mr. Calvert) Do you recall Investigator Yo~ng

0 21 finding what I'm going to show you that's been entered u 22 into evidence as State's Exhibit No. 10, this black 23 jacket? D 24 A. Yes. 0 25 Q. Where was this? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

.0------· __________ ·-·--------------~---~---------2-7_2 ND-D.I S-TR I.C.T---COURT------------- ---------- ------------- - -----~- ----- ----- -------- --- -----·-··- 0 0

159 ' 0 In the vehicle. I'm not exactly sure where he 1 A.· 2 pulled the vehicle -- where he pulled the jacket from. n Q. Okay. When -- you saw him recover this, though? 3 [l A. Correct. 4 Q. And when he recovered it, was this like inside a 5

0 6 bag full of other stuff? Did he have to pull it out, or n / 7 was just in the truck? A. I don't believe so. 8

0 certainly didn't see him Q. Okay. You didn't 9 have to remove it from any kind of bag or any other 10 0 11 container? 0 A. No. 12 13 Q. Okay. Thank you, sir.

0 14 MR. CALVERT: I'll pass the witness. 15 CROSS-EXAMINATION

D

16 BY MR. GRAY: 0 Q. And you don't -- but you don't exactly know where 17 18 that jacket was, just that it was in that backseat area?

0 19 A. Correct, I do not know exactly where it was. 20 0 MR. GRAY: Okay. I'll pass the witness. MR. CALVERT: Nothing further. We'd ask 21 0 22 that he be finally excused. 23 THE COURT: You're finally excused.

0 THE WITNESS: Thank you. 24 0 25 THE COURT: Thank you.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER _Q ·"' --- ---···- - -- ----------------------.----- ------- --2-7-2ND--D-I-S'I'-R-I-G'F--GGUR.!f----------- -----------·--- - - - --------· ----- l

160

MR. CALVERT: We'll close. THE COURT: State has closed their case. MR. GRAY: We close and rest. THE COURT: Both sides have rested and

closed. Ladies and gentlemen, we've come to the end of the presentation of evidenrie. We have the Court's Charge prepared. We need to go over it one final time before we read it to you and hear the final arguments of

10 the attorneys, so let's take a ten-minute break, and that 11 will hopefully give us enough time to do this. Thank you.

(Jury retired.) THE COURT: All right. Are we ready to

talk? MR. CALVERT: Yes, sir. MR. GRAY: Yes, Judge. THE COURT: Have you had an adequate

- opportunity to review the Charge? MR. GRAY: Yes, Judge; and we have no objection. J THE COURT: No objection. State? MR. CALVERT: No objection. THE COURT: The Charge is in final form. Are we ready to bring out the jury?

J

DENISE C.PHILLIPS, CSR

r~-- ------. - -----------------------------~~-~-~-~-~~-~~~-~-~~~~~~~g~~E~----- ------------ -------------·--·- J

n 161 [J. 1 MR. CALVERT: Yes, sir. MR. GRAY: Yes, sir. 2

0

MR. CALVERT: As far as warnings, Judge, can

3 0 I have 15 minutes. Is that 4 THE CO:URT: · How 1ong do you want? ,5 [l MR. CALVERT: Earl is 15 okay? 6 MR. GRAY: Yeah. You don't mind if I go 7 D twice, do you? 8 0 MR. CALVERT: I do. I would object to that. 9 MR. GRAY: Yeah, 15 is fine, Juqge. 10 0 _THE COURT: Fifteen for both sides. Do 11 0 y ^[1] all want a warning on this side? 12 MR. WARD: Seven, Judge. 13 0 14 THE COURT: Seven expired? MR. WARD: Yes, Judge. 1!) 0 16' ' MR. CALVERT: If I get to two left, Judge. 0 17 THE' COURT:~ Two left. MR. CALVERT: Yes, sir. 18

0

. <:\:,.

MR. GRAY: Same :~with me, Judge. 19 0 20 THE COURT: ·same with you. All right. All righ,i::;· Let's bring them out. 21

0 ( Ju:r-y sea ted. ) 22 THE COURT: Ladies and gentlemen, sit over 23

0 there and twiddle.::'your thumbs for a little while. We 24 0

25 _forgot to make copies for you.

DENISE C.PHILLIPS, CSR ' OFFICIAL COURT REPORTER Q--~-- ~--- -- -- --------~--__:: __ --- -----~------ -----2-7-2ND~-I.:l-IS _'I'-RI-G-T-~GGU-R'I'--~----~------~- -------------- -- ------ ·--- ------------ D 0

162 0· (Brief pause.) 1 THE COURT: Go ahead and hand them out. 2

0 All right. Ladies and gentlemen, I'm going 3 n ._r- to go ahead -- the law requires that I read this Charge to 4 5 you word-for-word; and then, you'll have your copy to read

D

along there. 6 (Charge read. ) 7

[] THE COURT: I've placed a Blueback on the 8 0 official version of the Court's Charge. Mr. Montoya·will 9 io place it on the table when you-all enter the room to begin 0 your deliberations. 11 0 12 At this time, we'll hear the final arguments 13 of the attorneys. The State has the right to go first, 0 14 and they have the right to go last, and the Defendant gets 15 to make an argument in between the two.

0 16 Go right ahead, Mr. Ward. - 0 ~-~ --·- 17 ~- ~- ---- -- ~- - - --------- -- ~C_L_O_S_ING-ARG-UM-ENT--BY- MR~~WARD .... 18 MR. WARD: A couple of weeks ago, I stood up [} 19 here; and I told the jury that they had the dubious honor 20 of being the first jury that I ever addressed. So, you

0 21 now have the honor of being the second jury I've ever 0 22 addressed. And I'm hoping like an NFL quarterback this isn't like a sophomore slump for me. So, here I go. 23

0 I used to be in the Marine Corps. 24 I spent u 25 about ten years in the Marine Corps, traveled all around

DENISE C.PHILLIPS, CSR

('! OFFICIAL COURT REPORTER -!:j~---·-···-··-·-··-··--- .. _____ .. ----~------·-----·---27 .. 2 ND-DTS.TRI C.T-COURT------~------------- ---·---~---~~ 0

163

0 1 the world, met a lot of different people, a lot of 2 different cult~r~s, spent a lot of ticie in Iraq. They've

G '~ 3 got an inquisitorial system in Iraq. And the

B

inquisitorial system means basically that the judge and 4 ___ s ___ tlie prosecutor are the same person and that the defendant 0 6 has to prove his innocence. But this is the United States of America. [] 7 8 More specifically, this is Texas; and we don't play that 0 9 way. We have you, the jury. And the Judge talked to you 10 out of this form and said that you are finders of fact, D 11 and you are judges of credibility. 12

I'm going to cycle back to both of those 13 things while I'm talking to you today. 14 - Ryan spend a lot time talking with you

" 15 during voir dire about elements, the elements of this particular charged crime.~ '18. You have on or about February 16th, 2012. Is there any doubt in your mind that this happened on that date? 19 20 Let's move on. In Brazos County. Yes,- we 21 know it's in Brazos County. 22 Do we know that the Defendant, David Greer, 23

is a convicted felon? Yes, we do. There's a stipulation 24 to that. D 25 Do we know that this offense happened within

DENISE C.PHILLIPS, CSR

_g __________ -----------------~------,0~!-~~-~~~-I-~~~~~T~~~-~~~-E_R __ ~--- __ ,,.-,~_;--. _________ _ 'D []

164 [J_ that window of five years between the finality of his 1 conviction and this date? Yes, we know that that happened 2

0. because it's stipulated to it. 3

I

0 So, what does this all boil down to? This 4 boils-down to a whole day spent on possession, knowingly 5 0 or intentionally possessing a firearm. lse~au~e you know 6 r l that was a firearm because that was stipulated to, and you 7 •') ,_J J saw it as well. 8 :0 So, what do we have? we have a video; We 9 showed you the video. We brought police officers in here 10 ·o to testify. You saw that video. You saw them pull Dave 11 0 Greer out of the driver's seat of that vehicle after 12 taking a little bit to stop, after the lights were popped. 13 o· You saw him come out of that vehicle not wearing a jacket, 14 even though it's February. 15

D

You saw the passenger come out of the 16 0 --- 17 vehicle wearing a jacket. You heard Monishia Campbell say 18 that Dave Greer had a camouflage jacket and that she

D

wasn't wearing that camouflage jacket. But we know from 19 \ \' 0 20 watching the videq that he wasn't. 'J:'he only_ other j acke,5 __ 21 in that truck was a black leather jacket. 0 -..~ We know that the gun was in the right pocket 22 of that black leather jacket. We know from Monishia 23

D

Campbell stating on the witness stand and also in the 24 ,0 video that that's Dave Greer's jacket. His mother gave it 25

DENISE C.PHILLIPS, CSR

-Qc-·----~ --------~----~-----0!~~-~-~~~l-~~~~~T~~~-~-~~-E __ R _____ ~------ - - - - - - - r· ~J

} 165 ~ J ..

to him after a fire.

1 You know that you just saw a video where 2 ] Investigator Ledesma asked him if that was his jacket. He 3 said no. Why would he deny it? Everyone said it's his 4

~ jacket, not my jacket. Why would he tell the 5 j

investigators at the scene that. it wasn't his jacket if

6 there was nothing wrong? 7

:]

This is an elements case. It's a

8 buildin~-block case. ·I can't show you a video with Dave 9

u Greer with a gun in his hand. I. can show you the little 10 u bits and pieces ~f informati6n that add up to it, because 11 ' remember, you are the finders of fact. You c~n find these 12 R J, facts and add them up.

13

L·: .

~.·· ' It does not have to be beyond a reasonable 14 doubt because, remember, just like Ryan told you in voir 15

u dire, how is the only way you can know beyond a shadow of 16 a doubt that it happened? Either you did it, or you 17 u watched it. None of us were there. We didn't see it. 18 .·. ·} I 19 But we heard credible testimony. 20 You're judges of fact, finders of fact, and

J

judges of credibility. 21 22 Let's talk about credibility. We put

G

23 officers on who have spent literally combined decades ~ 24 within the State of Texas and Brazos County conducting l criminal investigations. Training, experience, video, 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~- ~ -. ------·--

-----·---.. ---·-----272ND-DTSTRTCT-COURT ______ .. ____ _ ----------

J 166 J } that proves that they're credible witnesses.

1 Do we have fingerprints on the gun? No, 2 l ) sadly, this isn't a television show. Okay. At the end of '~ 3 this trial, you're not going to get a dun-dun; and then, 4 1 Ryan and I go up and talk to the D.A.; and we have a shot

5 1 of whiskey; and it's all over; and then~ we move on to the 6 next case. That.'s not going to happen. That happens on 7

~ TV. Okay? 8 Ask yourselves, was he wearing a coat? No. 9

J

Was there a coat in the vehicle? Yes. Was it within 10 u grabbing distance? Yes. It's a Ford Ranger. The 11 backseat of a Ford Ranger. You can use your personal 12

~

J

experience from outside. Do you remember what the size of

13 J a Ford Ranger backseat is? 14 You saw Monishia Campbell get up on the 15 u stand and tell you that Dave Greer.was wearing a jacket 16 that day. He wasn't. ',She said she was wearing a 17

u

'-->--·--·---

I . different jacket that day. She wasn't. (.··She, in fact, ·was 18 ] wearing a camouflage jacket. You saw .it from the front 19 / . seat of Sam Ballew's vehicle. You heard her. You heard 20 ~ the surprise in her voice when Rick Ledesma asked her, "Do 21 D u 22 you want to claim responsibility for this gun?" "No." And then, you immediately heard her ask it: 23

~I

"Is Hillbilly going to get in trouble for a long time?" 24 a 25 You're judges of credibility. You can add

J

,. DENISE C. PHILLIPS, CSR ~~--- ___ --.------------~-----~~-~-~~~A~T~~~~-~T R~~~~~ER _________________ _

I

167 J l two and two together to come to .a decision. And at the

1 j~. end of the day, this is a possession case; and it•s a 2

J

credibility case. Ask yourself whose credibility are you 3 going to believe from the witness stand about who 4

~ possessed that firearm? 5 u Add it up in your mind. When you go back 6 into the jury room, add it up. I think we•ve shown you 7

J

beyond a reasonable doubt that Dave Greer possessed that 8 ~- gun in Brazos County on or about February 16th, 2012, that 9 he was a convicted felon and that he was within that 10 u five-year window. 11 i\) 12 You shouldn't feel bad about finding guilt 0\ in this case if it all adds up because you•re the jury and

13 find facts. Yo~ judge credibility, and you ensure that we u 14 15 have a functioning justice system in the United States of u America and the State of Texas. 16 17 Ryan and I are asking you to find guilt in

~- 18 the case and send Dave Greer a message that you don•t get ~ ,, 19 tb carry a gun artd break the rules, even though he was in i.!); 20 jail for not following the rules. You've got to follow u

'

the rules and hold him accountable and hold him to the 21 ~ 22 same standard as everyone else in Brazos County. 23 Thank you.

~- 24 THE COURT: All right. You used seven 1 25 minutes. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~-----~----~ ___________________ 27-2ND--DTSTRICT-COUR'I'-----~---------- - - - - - - - - 0

168

D Mr. Gray? 1 MR. GRAY: May I proceed, Judge? 2

O THE COURT: Go right ahead, sir. 3 0 MR. GRAY: I'm trying to set this up a 4 5 little before we start, so I'm not clanging around.

0 CLOSING ARGUMENT BY MR. GRAY 6 MR. GRAY: First, I want to thank each and 7 every one you for your time. I know this has not been a 8 0

real lengthy trial, and we effectively picked the jury

9 yesterday, and you got all your evidence today. And so, 10 0 it should be fresh in your mind as to what came through 11 0 that witness stand. 12 And remember, also, that what I say and the 13 two prosecutors say is not evidence. It's argument. It's 14 not evidence. You have the evide~ce. You also have the 15 actual DVD recording that you can play to refresh your 16

o· 17 memories of those things. 18 When you go back there, we want you take

rJ your God-given common sense back there with you. Okay? .19 ; /

0 20 We don't expect you to leave that at the courthouse door. 21 And please remember that as to each and every element the n u 22 State has to prove beyond a reasonable doubt. 23 If they do, if they prove each and every

0 24 element beyond a reasonable doubt, you're duty bound to 0 25 convict. That's what you should do. That's your duty.

DENISE C.PHILLIPS, CSR

-.0--------- --------------------~!~!~~~~:E-~-~~~~T~~~~~~-ER ___________________ +------------ 0

J 169 But on the other side, if they do not, if 1 J they fail on even one element, you're duty bound to 2

J

acquit. 3 Now, we talked about the different levels of 4 5 proof. I'm not going to get into the reasonable

suspicion, probable cause. Again, preponderance is more 6 likely than not, 51 percent. Clear and convincing, again, 7 a firm belief that the allegations are true. We don't 8 have a definition for above beyond a reasonable doubt, but 9

10 we know it's high. It's the highest burden in the land. It's higher than a firm belief that the allegations are 11

n 12 true. u

13 And that's how-- those are the glasses that ~. ; 14 you have to look at each piece of evidence to see if they 15 can come in and establish each one of those elements 16 beyond a reasonable doubt. If they fail on one, you must 17 acquit. You know, there's not an issue as to whether 18

__ 19 _ r;>_ay_i.d_if! _a_cgny_ic::_te_O. felQn. _That's not _an _issue. _Okay._ _ _ 20 We didn't fight the State on that allegation or that ;~ 21 element. We stipulated to it. Okay. That's proof beyond ~ 22 a reasonable doubt. You should not have any doubt in your 23 mind as to that element. And so, we're not really talking

~ 24 about the felon part. 25 The real issue, as the State has correctly

J

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ 'i-----·-------I----------------------2"72ND--DISTRICT-COURT----------------I---- ------------ u } l

170 ] stated, is the poss~ssion. He has to intentionally or 1 knowingly, knowingly, know the gun is there anq possess 2

J

j it. Have custody, control or management or care of that

3 item. Okay? And they just haven't met that burden as to 4 ~

~

the possession. 5 1 Let's go through some of what they have and J 6 what they don't have. There's no testimony from David 7 J no testimony at all through this entire trial from any 8 J witness, my side or their side, that David ever handled 9 that gun. Not a single witness. 10 u There's no statement from David saying that 11 he ever possessed that gun. Monishia Campbell never 12

J stated that he possessed the gun. Even when she was less 13 than truthful with the officers when she was arrested, she u 14 never said "That's David's gun. David possessed the gun. 15

J

David carried that gun." She's never said that. 16 Now, she was less than truthful with the ~ 17

L1

police officers at that time. Well, I mean, is that a

18 u real shocker? She's on felony probation out of Galveston. 19 She's arrested. She's_in handcuffs. She's placed in the 20

u back of a patrol car. "Hey, is this your jacket?" "No, 21 that's Hillbilly's." It probably was Hillbilty•s or J 22 23 David's jacket. It doesn't make any differ~nce who owned l

\

it. 24 ] She indicated she wears large -- larger 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~ W-----------~ ------------~-------------2-7-2ND-D-I-£-'I'R-I-G-'1'--GOUR-'I'-------~---------- ·---------- u J

171 1-. 1 jackets. I don't 100 percent know why. She said it keeps 2 her warm. I don't know. We know that on the day of the

J

3 offense she was wearing the same size jacket herself. And 4 when I and my legal assistant, Theresa, had gone out there

J 5 and visited with her, like she testified to, she was also 1 6 wearing an extra large jacket. So, you know, it's not 7 strange that she would wear that.

J 8 You heard her testimony that the day before 9 they were arrested -- they were pulled over and arrested,

J 10 they got into a fight, an argument. She grabs all of her ~ 11 stuff, and she throws it in the vehicle. Can she 12 specifically remember what she did with the gun? She

J 13 thinks she wrapped it up in something. It could have been J 14 the jacket -- she didn't recall 100 percent --, put it in 15 duffle bag. Okay. She then threw all that stuff in the ~ 16 back of the car. Okay. 17 Now, the officers went through these items,

~ 18 you know, they're inventorying it. We don't have any ~ 19 pictures as to exactly where that jacket was. I'm in no 20 way attacking any of the officers' credibility at all. I

~ 21 think each one of those officers were truthful, and ~ 22 they're good officers. I know most of them. That's not 23 what I'm talking about. J 24 They simply could not recall exactly where j 25 everything was. And I don't know that anyone could, going DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~~--~----- ---~--- . ~----··-·------,.-------2-72-N-D-rH-STRT-CT--COURT-------------------- --------- l j 172

J

n r

J. aJ.J. ~:.ne way Dac.K. 1:.0 .t'eurua.Ly. Now, what could have been done, though -- 2

J

what could have been done is a photo taken, right, before 3 the inventory started. Two reasons for that. That may 4 ~ ptotect you on liability, too, because you've got a 5 J picture of everything right as they entered the vehicle. 6 Now, that would have helped, but we don't have that. 7

J

She doesn't know where that jacket was. I 8 8----------~-- __ __9-__Q_I!_'_!: ___ ~Es>!!___ __ t hat aJ:!yone w i 11 -~-~~~~P.__?_\17 __ ~~<:1. c ~lY~\17 h~ re _!h~!:___ __________________ _ jacket was in the back area. We do know that a gun was 10 ~ found in that jacket. 11 12 When she's initially asked by Investigator

J

Ledesma, "Do you want to take ownership, or do you want to 13

J

14 take responsibility for this gun," you know, she said, "Oh, no, it's not my gun." Okay. 15

~ 16 THE COURT: Seven gone. ··-·--· ~ - - MR. GRAY: She did not say that it was 17 18 David's gun. Okay? ~ 19 The jacket is interesting. When he comes 20 and he shows the jacket and asks whose jacket it is, and

~ 21 she goes, "that jacket," and she sighs. Why would she ~ 22 sigh? Why would she be upset about a jacket if she knew 23 nothing was in it? She was upset because she knew the gun

~ was in it. 24 25 Later, she does tell Investigator Ledesma

~

DENISE C.PHILLIPS, CSR

~ . OFFICIAL COURT REPORTER ~---------- ----------'-~-------2-'7-2ND-DI-S-'I'-R-I-C'I'--C01J-R'T--------------------------- ~---------- J

0 173 D-, that she did get a gun when he revisits her in jail. 1 And we don't even have any proof it's a 2

D

firearm. We got testimony from a seasoned veteran officer 3 0

that it's a firearm, but was it ever tested? Have we ever

4 fired it? Do we know it can expel a shell? We can guess, 5

o~

but we don't know because it was never tested.

6 And does she have a reason to carry a gun? 7

0 You bet she does. She was previously weeks before this 8 0 event, she was brutally raped and kidnapped. She was 9 10 terrified. So, yes, she possessed a gun. Is it

D

reasonable to believe that maybe when the officer's asking 11 0 12 about this stuff, she's not going to take responsibility for something because she's afraid she may get in trouble? 13 0 14 Found a live .22 shell in her jeans. The 15 officer said if it is a long rifle, it wouldn't fit. The 16 problem is is that we don't know for sure if it was a long rifle. We've got the picture, but we've got no 17 identifying markings. It would have been nice, though, to 18 19 have that bullet, wouldn't it, so we could test it? But we don't have that. That was not included on the 20

D

21 inventory sheet or the evidence sheet. 0 22 Fingerprints, the gun is finally 23 fingerprinted a week ago: Not fingerprinted in February,

0 24 March, April, May. Okay. And then they counter this when

D

25 I sat down and said, "Well, we didn't need that stuff."

DENISE C.PHILLIPS, CSR

~o-·---- ----------------- 0 --'!-~~-~-~~~-E~~~~~T~~~~-~~~-R ______________ - - - - - - 0

(

0

174

0 If you didn't need it, why did you ask to get it? If you 1 didn't need it, why have it done? 2 0

Same thing on the ATF check. If you weren't

3 0 concerned about who that gun was going to come back to, 4 why did you run the check a week ago -- and we don't have 5 0

the result. That right there is reasonable doubt. What

6 if that comes back to Monishia, that she purchased it? 7 0 Well, we don't know. 8 0 No DNA was collected. No DNA was compared. 9 10 The officer indicated that that's done in crime scenes. o-- It's possible to get DNA matches or exclusions. 11 .o You know, as to Monishia's testimony, take 12 13 it for what it's worth, you know. I don't know. I wasn't

0 14 there. You weren't there. You assess the credibility. 15 You can tell if as she was crying up there, she was making

0 that up. Even if you discount every bit of Monishia's 16 o-- 17 testimony, they still don't get to beyond a reasonable o 18 doubt. They simply do not have enough. They're 19 D going to talk about David's coat, you know, him saying 20 21 that's not his. Think about this. You've got a convicted 0 22 felon. He's in a police car, just like Monishia, in handcuffs. Officer comes up with a coat, "Hey, is this 23

0 yours?" 24 0 25 What do you think he's going to say? The

DENISE C.PHILLIPS, CSR

-0--~-- ---------------~~~!-~~-!~~r~~~~~T~~~~-:~_E_R ____________ - - - - - - - - 0 0

175 0.--. officer wouldn't be bringing a coat unless he found 1 something in the coat, right? So, is it shocking that he 2

0 3 would say that's not my coat? No. And the coat isn't the 0

issue. It's the gun. They cannot connect him to the gun

4 in any way. 5

0

That's not enough just to be in the backseat

6 of a vehicle. 7 0

You know, maybe Monishia possessed it. You

8 0 9 may even think when you get back there, maybe, just maybe, 10 he possessed it; but you can't know. There's no way I can 0 know. There's no way you can know. That's the problem 11 0 12 we're running into here. 13 Sure, it's possible that either one or both 0 could have possessed it. But see, it's not my job to 14 stand up here and prove who possessed it. It's not even 15

0 my j~b to disapprove that David possessed it. It's their 16 lJ ___ _

. --- . ~· -- 17 job 100 percent to prove beyond -- each element beyond a 18 reasonable doubt. Even if you're at a point where you

D

19 have a firm belief that the allegations are true to each 20' allegation, that is not enough. It has to be above that 0 burden. 21 0 22 Each of you, you took an oath initially 23 whenever we were picking the jury that you were going to

0 24 tell the truth. And I believe you did. I asked you about 25 that. Remember what I said? I'd take the first 12 people

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

- · 2-7-2NB-I:H-8TR-I-CT-C0URT------------I-------- 0

175

0-. officer wouldn't be bringing a coat unless he found· 1 something in the coat, right? So, is it shocking that he 2

0

would say that's not my coat? No. And the coat isn't the

3 Q_ ---~- ~sue~-------=-:' s the ~~n :_ The_y cannot connect him to the gun 5 in any way. 0

That's not enough just to be in the backseat

6 of a vehicle. 7 0

You know, maybe Monishia possessed it. You

8 0 9 may even think when you get back there, maybe, just maybe, he possessed iti but you can't know. There's no way I can 10 0 11 know. There•.s no way you can know. That's the problem 0 12 we're running into here. 13 Sure, it's possible that either one or both could have possessed it. But see, it's not my job to 14 stand up here and prove who possessed it. It's not even 15 16 my job to disapprove that David possessed it. It's .their

job 100 percent to prove beyond -- each element beyond a . reasonable doubt. ~. 18 Even 1f you're at a po1nt where you 0 19 have a firm belief that the allegations are true to each 20 0 allegation, that is not enough. It has to be above that burden. 21 0 22 Each of you, you took an oath initially 23 whenever we were picking the jury that you were going to

0 24 tell the truth. And I believe you did. I asked you about 0 25 that. Remember what I said? I'd take the first 12 people

DENISE C.PHILLIPS, CSR

_g_·-·---··--- ---------·-·--·-----0-<!-~-~-~~~~i-~~~~-~T~~~-~-~~~-R __ ___ ___ __ - - - - - - - - [J 0

176 n-., if they would just follow this rule of beyond a reasonable 1 ,- doubt. And I'm satisfied that you-all will. 2 0 Monishia testified she's not with David 3 0

anymore, bnt she does not want an innocent man to be

4 convicted of a crime he did not commit. I don't want th~t 5

_..__ ... ~ 0 either, and I know you-all don't want it either. 6 There's simply no way to know. Probably is 7 D not enough. Even if you think you have this strong 8 0 conviction, that's still not ~nough. You have to be 9 satisfied in your mind as to each element beyond a 10

[J

reasonable doubt or you're duty bound to say not guilty. 11 0 You told me you'd do that in voir dire. 12 That's what I'm asking you to do now. You took an oath. 13

0 " 14 At this point, as jurors, will you follow that oath? 15 CLOSING ARGUMENT BY MR. CALVERT 0 MR. CALVERT: Earl, a minute ago, talked to 16 -o- . 17 y'all about using your common sense and applying that in your deliberations. So, let's do that. 18 0 Why do people lie? Because one thing is 19 0 20 important please leave that up there. One thing that's important to consider is -- and sometimes we lose track of 21 0 this doing this job and being in this courthouse 22 23 everyday -- we lose track of the fact that there's a

0 perception sometimes that there's something magical or 24 0 weird happens in the courtroom. The same rules that apply 25 DENISE C.PHILLIPS, CSR Q/ OFFICIAL COURT REPORTER - ___ : _____ ---------------------2-'72ND--niSTRICT-COURT ________________ - - - - - - - 0 0

177 o. 1 in our daily lives, rules of common sense, rules of how we 2 make decisions are somehow suspended or go away once you .o get in this room. And they're not .. 3

D

That's exactly why there is not that sign 4 downstairs like we talked about in jury selection of 5

' 0 "Please check your life experiences and common sense with 6 7 courthouse security before reporting to jury duty," 0 because that's not there. Because it's those things, 8 0 those experiences that allow you to do things like judge 9 credibility. Because every day in your life whether you 10 0 11 realize you're doing it or not, you're judging the 0 credibility of everything that's ever told to you by 12 anybody. 13 0 And that's really what it falls on in this 14 15 case. Because .like Will said, you know, we'd all be in 0 trouble if in order to prosecute somebody for, say, 16 - -rr~ possession of a weapon or possession of drugs or any 17 possession crime, it has to be in their hand or on their 18

D " 19 person. That's just not the law, and it never has been.

D

20 And it's nonsensical, and everybody told me that in voir dire. 21

0 22 And so, it gets down to how do you decide 23 credibility and what things do you actually know about a

0

f

24 case? And so, let's go back to what the Defense counsel

D

25 just talked to you about with this business of proof

DENISE C.PHILLIPS, CSR

-0--~-~~--- --~-·-~----·---c------~~-~~~~~T~~~~-~T~~~~:~E~----·-·-~-----------· -~-~----

. . I

0 Q

178 Q, beyond a reasonable doubt. Shoot, let's throw reasonable 1 2 doubt out the window, and let's go all the way to shadow

o- of a doubt. That's not the burden of proof, but let's 3 0 play in that range. 4 Applying your common sense and applying your 5

0

life experience and things that you know as reasonable

6 7 people that you've learned through your lives, ask

0 yourself this question: Why do people lie? Why does 8 0 anybody lie about anything? 9 10 And our common sense tells us it's because 0 there's always a reason, there's always a purpose, an 11 0 12 objective behind the lie. Otherwise, you wouldn't bother 13 to lie. But if you're lying about something, it's because 0 14 you don't want the truth to come out. 15 We're getting an education on that with the

0 o-~ -

16 whole General Petraeus thing right now. There's always a 17 reason for a lie. So, playing the realm-of proof beyond a 18 shadow of a doubt and with the knowledge that there's

0 19 always a reason, there's always a purpose, an objective 0 20 behind the lie, look at what you know about this case; 21 You know, Defense counsel gets up here and • 0 22 says "being in the backseat of a vehicle." Well, we're 23 kind of washing over some facts there. :It's not a

D

24 vehicle. It's his vehicle. There is no question. None. ---· 0 25 We are beyond a shadow of a doubt.- The vehicle was his.

DENISE C.PHILLIPS, CSR

-0--~----- -------------------0--;!~~-~~A~I~~~~~T~~~~~~E __ R _____________ , ___________ _ 0 0

179 [J 1 Monishia told you that. It's registered to his parents, but that's his truck. That's his truck. 2

0 There was no question about that. That's 3 0 4 specifically the vehicle that the police were sent to find 5 because it's associated with him. So, No. 1, it's in his

0 . 6 vehicle. 7 And they got up here a minute ago, and they

[} 8 talked about this is really a case about possession. And 0 I'm going to disagree with that a little bit. The 9 10 issue -- the lone issue in front of you is not possession. 0 11 There can be no dispute. Again, we are there beyond a 0 12 shadow of a doubt that this man was exercising care, 13 custody, control or management over that pistol. We know 0 14 that. Why? Because it was in his vehicle that he was 15 driving.

0 16 The question, then, is not one of 0 -" 18 of knowledge. [J 19 So, we also know beyond a shadow of a doubt 0 20 that not only was the gun in his vehicle, the gun was in -"· - ...--- 21 his jacket. His jacket. We know beyond a shadow of a 0 22 doubt that not only was the gun in his vehicle in his 23 jacket, we know that he lied about that being his ~acket.

·0 24 We know that 100 percent beyond any and all 0 25 possible shadow of a doubt. Even his girlfriend, Monishia

DENISE .C.PHILLIPS, CSR

(!

OFFICIAL COURT REPORTER

-LJ~-·-· _ 1=:=:=:=:=:=:=:=:=:=:=:=:2:.::::7 :2N:.:,D::;::D::I::::S-:.:::T:_::R~I~-C~T:=::C:::O~_ll:_:R::_:T~=-=-=-=-======::::I~~~-' ~--'--- D u

180 0- 1 Campbell, acknowledged that. This is his, came from his 2 mom.

0

Why is he lying about that? Because there's

3 0 4 always an objective. There's always a reason behind a 5 lie.

0

Why lie? Because that's what it really

6 7 comes down to. If Monishia's testimony today -- if any of

0 8 that were true, there's no reason for him to lie. She 0 9 told you that. Oh, no, he had no reason to lie. He had 10 no reason to ever deny that this was his jacket, except 0 11 that we know for certain, beyond a reasonable doubt, 0 12 beyond a shadow of a doubt that he did. We know he lied. Why? And we know beyond any shadow of a 13 0 ) 14 doubt that Monishia lied and lied and lied. Why? What is 15 the purpose? What is the objective behind all of those

0 - 16 lies by Monishia if not to protect him? Because if she's o----- 17 telling the truth, there's no need to lie. 18 You do not evaluate a case in a vacuum. You

0 do not look this -- when you're putting together a 19 jigsaw puzzle, you don't pick up one piece of the puzzle, 20 0 21 look at it by itself and say, "What is the image? Well, I 0 22 can't tell." Throw away. Go to the next one. You've got 23 to put each of those little pieces together; and at the

0 24 end, take a step back and look at what you've got. o 25

And if you do that in this case,C}t•s his~

DENISE C.PHILLIPS, CSR

-0----~ --------~---------0~~~~~~~~-~~-~~~-T R~~~-~~'-E_R __ --~------•-------

[J

[l

181

0 t~k. It's his jacket. He lied about it being his 1 jacket. Why? 2 0

And then you get to Monishia. Monishia

3 Q comes in here -- and what -- you're allowed to watch that 4 -----s--v±-deu-;-or----:r:-en-courage-you---t·o-du-±t-aga-±rr;-:-but-when-you-do-,-1------ listen to her voice when she's talking to Ledesma and ask yourself this question: Did Monishia sound more credible

0 7 then or today? 8 Q There's no contest. Because then listen to 9 her voice when he says, "Are you going to claim-this gun?" 10 0-

"No." Gun? What are you talking about gun? "Is

11 n u 12 Hillbilly going to get in trouble for a long time?" That 13 was her immediate concern.

0 But then, listen to what she says today. "I 14 15 told Ledesma. I told Ledesma on the roadside February

0· 16 16th, 2012, that is not his gun. I told him that. I told D 17 him in the back of the squad car that day." 18 I probably asked her that three or four

O 19 different times three or four different ways. Each and 0· 20 every time, she made it crystal clear. "I told Rick 21 Ledesma that day, in that conversation on the side of that 0 22 road that is not Dave Greer's gun." THE COURT: Two minutes left. 23

0 24 MR. CALVERT: Except she didn't. You've 0 25 seen the video. She's lying about that. Why?

DENISE C.PHILLIPS, CSR

-0 -----~-

OFFICIAL COURT REPORTER

--------- ---· __ .. _______ .. ___________________ 272ND-DISTRICT--coURT----·-·- --------------------- ----··- --------· 0 0

182

n And then, you look at how her testimony 1 changes. She gets up on redirect, "Oh, well, maybe that 2 0

happened later in that other interview," except she didn't

3 0

tell him that then, either. She said I bought a gun, but

4 not that gun. Not that gun. Why? 5 . ! 0

You know beyond a reasonable doubt, beyond

6 / ' I . all doubt, she told you "I was wearing a satiny __ flow~:r:y 7 0

jacket. That is not true. You know it beyond a shadow of

8 r· -

0

a doubt. You saw it on the video.

9 You know she told you, "He was wearing a 10 0 I t•;• ,.: ' camouflage jacket when we got stopped." She was very__ 11. 0 forceful on that. You know beyond a shadow of a doubt 12 13 th'at is a lie. That is not true. You • ve seen the video

D

of it. Why did she lie? 14 It is your job to put all this together. It 15

0 is your job to look at this jigsaw puzzle, all these 16 0 little pieces. And if you do, just like that. jigsaw 17 puzzle you do on your coffee table, at the end, when you 18

0 take that ste~ back and you look at it, it•s a very simple 19 0 and very clear picture. 20 You•ve got a guy who's a convicted felon, 21 0 22 driving ~s truck, in his jacket, with a gun that he lied about, that his girlfriend, immediately, upon her 23

0 discovery and her shock to find out there was a gun in the 24 0 car, says, "It's not mine." And does it in an appropriate 25 Q. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

-- ·------- ·-:-- --- ---- -------------------- ----- ---2'72ND-DTSTRTCT-COURT-------~----~----- ------------------ I D 0

183 n--- way, a believable way. You can listen to her voice. 1 But the one thing she told you that was true is she knew in that moment, this is real bad for Dave Greer. He's in trouble. This is real, real, real, real bad for Dave Greer. What can I do to help him?

That day she didn't come out and say, "It's not his. It's not his." That happened today. THE COURT: Time has expired. MR. CALVERT: Do the right thing and find

him guilty. THE COURT: All right. Ladies and gentlemen, please retire to the jury room and begin your deliberations.

(Jury retired for deliberations.) (Jury request to view video.)- (Jury continued deliberations.) THE COURT: Ready to bring them out? MR. CALVERT: Yes, sir. THE COURT: L,et 's bring them out. (Jury seated.) THE COURT: Everyone be seated. Has the

jury reached a verdict? THE FOREPERSON: We have, Your Honor. THE COURT: Defendant, please rise. (Defendant complied.)

0

184

0 THE COURT: Flip over to the verdict page 1 and read the verdict, please, sir. 2

0 THE FOREPERSON: We, the jury, find the 3 Defendant, David Greer, guilty of unlawful possession of a 0 4 firearm by a felon as charged in the indictment. 5 0

THE COURT: Either side wish to have the

6 jury polled? 7 0

MR. CALVERT: No, Your Honor.

8 [}

MR. GRAY: Defense does not.

9 ' THE COURT: All right. Pass the verdict 10 0 over to the bailiff, please. 11 (Foreperson complied.) 0 12 13 THE COURT: The verdict form appears to be 0 in proper order. It will be received and filed in the 14 15 Minutes of the Court.

0 Does either side wish to visit with the jury 16 0 after the case? 17 18 MR. CALVERT: If they want to.

0 MR. GRAY: If they have time. 19 THE COURT: All right. Ladies and 0 20 gentlemen, I'm about to discharge you and let you go. If 21 0 22 you'd like to stay behind and visit with the attorneys, 23 you can remain in the jury room for a few minutes.

0 24 They'll come in there and be real nice to you, but they 0 25 like to get feedback from you on the case if you care to

DENISE C.PHILLIPS, CSR

0-------- --------- ------------- ~----~--~-----~-~-~~-~-~~~-r~~~~~T~~!~:~~-~--------------~ ------------------- '0 1

185 l do that. 1 On the other hand, if you care not to do 2

'/ j that, you're free to leave immediately and go to your car

3 'and get out of here. 4 Thank you so much for your time and for your 5

J attention in this matter. You've been an excellent jury. 6 We appreciate you very .much. And at this time, you're 7

1

released from all instructions. You can talk to whoever

8 you want to about the case, and you are no longer under 9 any instructions. 10 11 You're now discharged. Thank you very much. 12 {Jury retired and released.) 13 THE COURT: We'll begin at 9:00 o'clock in

the morning. MR. CALVERT: Yes, sir. {Evening recess.)

il

!J

DENISE C.PHILLIPS, CSR

~-.'------- ~ _ -~ ---------------------------0~~-~~~~~T~~~~~T~~~~~!~c--E_R ______ ~---- )__ ___ -~~--- _ _ _

J

0

186

0-- 1 THE STATE OF TEXAS 2 COUNTY OF BRAZOS

0

3

0 4 I, DENISE C. PHILLIPS, Official Court Reporter in and for the 272nd District Court of Brazos, State of Texas, do 5 hereby certify that the above and foregoing contains a 0 true and correct transcription of all portions of evidence 6 and other proceedings requested in writing by counsel for the parties to be included in this volume of the [l Reporter's Record in the above-styled and numbered cause, 7 all of which occurred in open court or in chambers and 8 were reported by me. 0 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I further certify that the total cost for the preparation of this Reporter's ~~: $ ~~\.~oand was 0 12 paid/will be paid by ~V"Cl....1..o ~ \ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0

May, 2013.

14 0

15

16

0

Texas CSR 6482

17 Official Court Reporter 272nd District Court :0 18 Brazos County, Texas 300 East 26th Street, Ste. 204 19 Bryan, Texas 78703 0

Telephone: 979-361-4221

20 Expiration: 12/31/13 0

21

22 u 23

CERTIFIED

D 24 TRANSCRIPT 25 Q-~----- ------ --- --------------- -------DEN-1-£-E-G-.--PH-I-LL-I-PS-,--- 8-SR---------------------- -------- OFFICIAL COURT REPORTER 272ND DISTRICT COURT D 0

State v David Duane Greer 11114112 Vol 4

2I [2) 78/23 78/23 25116 30/14 33/5 35/24 36113 22/1 22/2 34/6 34/7 41/10 41111 t--------------124007265 [I] 2/10 36/17 39119 41/8 46/24 49/1 49/5 42/17 48/23 48/24 54/1154/12 [} r:'8""0"'-s.J.: [:2""'"-"18:....:11..::8'-'/7'-------124036308 [I] 2/4 56/21 56/23 57/2 57/20 58/18 54113 90/10 90111 99/25 100/1 24077302 [I] 2/5 61111 64/3 64/9 64/9 73/16 73/22 104/1 142/16 142/23 14411 ' 26 [I] 5118 74/5 76/17 7711 78/23 79/14 85/9 advise [I] 83114 .22 [36) 25/22 40/2 4115 49/23 26th [3] 1123 2/6 186118 85/16 85/20 85/21 85/21 90112 advised [7] 8113 17/25 1811 77/6 5015 5017 50/13 50115 50115 50/16 272 [I] 1/3 93/19 97/10 97/23 98/4 106/11 77114 77116 83119 51/4 5114 51/4 53113 54/6 55/15 272nd (4] 118 1122186/4 186/17 108/4108/13 109/25 110/1 110/2 affidavits (I] 16/23 64/3 64/9 64/IO 64/10 64/14 64/14 29th (3] 9/21 15/4 96/20 111113 113/2 113116 116/1 120/3 afraid [I] 173113 6<t/19 65/5 65/8 65/18_93/3 93/18 1-'2::..:.;:0~0:.:.~-f~I:l"--"""'79~/2::..4:.......;._.;__;;;___--1 124/21124/22125/17127/21 - after [i9] 10111-13/2014/5 20115 3

0 94/1 94/3 94/4 94/5 94/7 105/9 131/4 133/7 133/10 133/24 134/10 25117 34/22 36/11 39/23 74/3 82/3 115/22173114 135/6136/24 143/9146/23 146/23 82/3 83118 93/7 93115 93/16 F"2:::2.::...S>.::; L3......::.15.::;.0/..:..:11:....6::.:;5;.;.;/2o...;4...;;;9...:;4/'-'-7 __ ---i30 [2] 9/5 49/25 146125 147/1 147/5 149/8 149111 101121 120/16 131116 136123 1

300 [3] 1/23 2/6 186/18 150/19 152/1 152/5 156/19 162/25 139/5 139117 139118 142/6 148/15 l - - - - - - - - " - - - - - - t3 10 [1] 2/6 163/15 163/17163/18 165/22 157122164/12 164113 165/1 IO [IO] 40/7 40/22 41/3 41/24 31st [1] 30/9 167/4 167/9 167/12 169/4 169/24 184/17 56/18 74/4 127/12 128123 155118 3235 (1] 2112 171/23 172/22 173/12 174/4 afternoon [2] 26/24 79/25 158/22 34 (2] 79/2 79/4 174/20174/21175/24 176/17 again [22] 12/13 15/6 15/8 25/19 10-11 [2] 41/5 41/11 35 [1] 717 177/5 177/23 177/25 178/9 178/13 46/3 50/22 54/25 54/25 85/15

0 10-13-00049-CR (1) 1/4 3rd fll 186/13 178/20179/3 179/8 179/8 179/23 86/13 91/2 106/22 107/21108/2 100 [4] 25/25 17111 171/14 ~4.!.!!..""-1.....!..::!..:~'-------1180/3 181/1 181111I81/25 182/23 119/21121/24 127/3 140/9 169/6 179/24 1 - - - - - - - - - - -1 I84/21185/9 169/7 179/11 181/5- 100 percent (1] 175/17 4 through [1] 48/13 above [6] 1115 109/19169/9 against[!] 118/2

D 103 [1] 2/11 4-9 [2] 48119 48/24 175/20 186/5 186/7 agency [1] 24/6 11 [12) 40/18 41/3 41/5 41/11 40 [1] 21/12 above-styled [1] 186/7 agenda [2] 82117 82118 42113 46/3 47/7 49/2 52/23 53114 403 (1] 12/10 above-titled [1] 1/15 ago [15] 8111 73/22 96/21 116/11 54/24 129/23 4221 [2] 1/24 186/19 absolutely [SJ 104/18 109/20 123/15 124/5 127/10 129/21

0 112 [1] 5/13 4320 [1] 2/7 130/24 131/3 149/4 129/24 134123(162/18 173123 12 [8] 53/10 53/24 54/1 54/6 ~4-"-75~9:...~1.!-olllL-::2/..!;12=---------fabsolved [1] 104115 174/5 176116 179/7 5 54112 54113 55/25 175/25 accepts [2] 121120121121 agree [24] 16114 16/18 17117 12/31/13 [1] 186120 1------------1according [1] 128/18 29114 5611758/6 65/i 65/4 66/1 122 [1] 5/13 SO [1] 105/24 accountable [1] 167/21 67111 69/21 70/3 75/22 94/18 98/5

0 13 [2] 51111 186/20 51 percent [1] 169/7 accounting [1] 35/19 98/22 111/6 128/2 130/24 131/2 137 [1] 5/13 ~5~7.L: ll1w.....l5:!..;/1~8~-------laccurate [2] 33/2148/14 132/25 133/2 152/21 153/4 14 [11] 312 4/2 5/2 612 7/2 19/25 6

acknowledged [1] 180/1 agreed (1] 34/11 20/2 22/2 99/14 99/23 10011 acquit [2] 169/3 169/17 agreement [2] 34/17 153/11 0 144 [1] 5/16 6482{2] 1/22 186/16 action [1] 12/16 ahead [23] 7/12 8/3 21110 22/21 7 147 [1] 5/16 actions [1] 125/5 26/18 32/14 42/16 76/16 78111 14th [1] 1/14 active (1] 101118 86/3 95/21 107/3 112/13 112/19 15 (11] 21/728/443/2189/25 73 [1] 5/19 -acts (2] 15/14118/1 125/4142/8144/1154/11157/5

0 90/3 90/10 90/11 155/7161/4 74 [1] 5119 actual (9] 16/24 21/11 51/15 60/4 162/2 162/4 162/16 168/3 161/6 161/10 77803 [2] 1/23 2/7 74/14 75/15 81/23 95/8 168/16 ahhh [1] 91/13 150 [1] 5/16 77803-3235 [1] 2/12 actually [43] 8/25 16/1 21/1 23/22 ahhhh (1] 149/10 154 [1] 5/20 78 [1] 5114 32/25_46/2147/148/1251/25_52!1 ahold [1].141/25

- 156-[l] 5120 78703]1] 186/19 52/14 53/14 55/25 57/14 57/17 alcohol [2] 63/7 72/13 8 IS7 [1] 5121 57/21 58/2 58/8 59/6 61122 62/23 alcohol-related [1] 63/7 IS9 (1] 5/21 64/19 66/1 68/20 69116 7li'IO all [138] 9/2 10/25 11/5 11/16 16 [I] 107/15 84 [I] 7119 71118 72/25 73/4 74/18 82/7 85/5 15116 15/21 15/22 18122 19/119/5 16th [15) 22/24 25/15 28/19 79/22 87 fli 5/14

88/15 89/19 90/8 107/2 108116 20/1 20/8 21124 21/25 22/8 22111 82/10 99/21 113/6 113/16 116/13 9 128/2 14115 145/12 145/12 153117 22118 26113 27/17 27/21 29/18 117122 135123 157/16 163/18 177/23 29/22 32/6 32/8 34/21 35/14 35/19 ~; [[~]) ;~~; 167/9 181116 add [5] 165/11 165/13 166/25 36/4 36/13 37/15 38/2 42110 42/19 17 [2) 79114 151/4 167/6 16717 43/8 44/3 44117 46/8 47/9 47/20

D 19 [I) 7/19 95 [1) 5/17 addition [I] 110/13 48111 48/12 48113 49/6 53/4 57110 I978 [2) 27/6 28/7 97 [1) 5/17 additional [2] 4I/7 143/25 59/5 59/24 61/13 62/5 62/11 63/7

979-36I-4221 1 2 1 1124 !86/19 1:00 (1] 151/23 address [2] 10119 118/24 6411_6 66/20 72116 72/21 75/19 I:30 [5] 151122 151123 151/23 979-361-4320 [1] 2/7 add~~ssed [2] 162/20162/22 76/9 78/2 80117 81112 85114 86/12

0

979-822-4759 [1] 2112

152/20 153/2 adds [I] 167/13 86/21 88/22 90/10 95/7 96/9 98/5 1-'2=.;::;.::_==---------i~9~:0~0..L II~Il-- 1 :.:: 8 :.:::; 51 :..!. 1 ::.. 3 ------fadequate [1] 160/17

98/22 99/13 100/9 100/13 103/10 1 - - - - - - - - - - - - - - tA adjudicate [1] 121117 104/4 105/3 105/16107/20 108/12 20 [2) 21/743/22 1-------------ladjudication [1] 122/5 110/2111/16112/10 114/9ll4/9

0 ability 1 2 1 103/1 111122 2005 [1] 27/10 admissibility [1] 11115 _ 114117 114121- 117/21 118/9 120/3 2012 [IS) 1/14 3/2 4/2 5/2 6/2 7/2 able 1 9 1 3116 75124 8119 102115

admissible [4] 14/11 16/20 105/20 126/25 127/2 127121 130/20 131/3 102116104110 104114 118114 79122 99121 113/6123/2 135/24 105/21 133/25 135/17 138/3 140/7 140114 141125 157/16163/18 167/9181116 admission [1] 11113 140/17 141118 143122 151121 about 1 121 1 7117 7118 8111 914 0 2013 [1) 186113 admits [1] 14312 15-2/4 152117 154/5 155/20 156/3 i~~ 2 ~ ^[0] i~~ 4 ^[1] i~1 3 ^[1] i~~i 0 ^[1] ~~~~ 0 ^[13122] 204 [2) 1/23 186/18 admitted [23) 6/4 19/12 19/15 160/13 161120 161121 162/3 fl Den1se C. Phillips, CSR 8--- --- -------- ------------------------------------------------------ - 0 0

2 State v David Duane Greer 11114112 Vol 4 175/5 177/17 179/24 18017 180113 arguments [3) 123/10 160/9 asking [10) 73/16 98/20 124121

A

124/22 132119 134/16 139/15 185/10 186/10 162/12 167117173/11176/13 all... [27] 162/10 162/25 164/4 anybody [11] 31/13 47/10 56/22 armed [1) 117/2 asks [1) 172120 166/6 167113 167/24 168110170/8 81112 113/20 119/13 124/15 around [12) 29/16 30/9 31/24 171/10 171115 171120 17211 17612 32/4 43/24 118/3 126/23 127/4 assaulted [I) 116110 135/19152118 177/13 178/9 176/6 177/15 178/2 179/24 180/15 anybody's (2] 8/20 130/20 128/24 157123 162/25 168/5 assess [1) 174114 arrest [40) 6/5 615 1314 13/5 assigned [1) 27115 18217 182/15 182/16 183/11 anymore [2) 104/9 176/4 184110184/20 185/8186/5 18617 13/16 16/4 16/7 16/12 17/1218/21 assignment [1) 79/5 anyone [4) 60/15 84/11 171125 allegation (2) 169/20 175/20 18/25 19/2 22125 23/5 23/10 28/23 assistant [3) 2/6 118/23 171/4 172/9 31/21 35/3 63/16 75/4 75/575/11 assist~d [1) 57/14 allegations [3) 169/8 169/11 anyone's [l) 104/23

0 175119 anything (36] 12/15 19110 31/15 83/12 83/22 104/9 104/20 106/5 associated [2) 38/23 179/5 alleged [1) 153/20 32/19 35/12 37/3 39/11 39/19 59/2 113/10 113/17 119/4 120/9 120/11 assorted [1) 155/15 assume [1) 34/18 allow [5) 18/18 63/21 95/2 95/3 59113 6118 65/17 66/10 7317 74/23 120/14 137/14 138/11 138119 177/9 82/4 90/17 92/3 95/8 98/12 113/17 141/5 147117 148/16 157/19 ATF [4) 72/8 72/14 72/22 174/3

0 allowed (2) 63/19 181/4 119/9 126/5 126117 126/24 128/24 arrested (20) 13/4 13/14 13115 attacking (5) 17/3 17/12 18/21 16/5 33110 71/3 83/8 84/12 87/8 18/23 171120 alluded (1) 60/5 130/16 131/1 135/8 143/1147/4 almost (3) 49/25 70/19 85/23 149/20150/19152/24153/8178/9 113/10 113/13 118/17 118/20 attempt [I] 47/6 along (1) 162/6 121113 128113 131117 170/14 attention [6) 7/22 79/21 96/16 anytime [1) 147/9

0 113/5 116/12 185/6 ALPHABETICAL [1) 5/11 anywhere [3) 52/21 66/20 133112 170/20 17119 17119 attorney [3) 213 2/9 99116 already [12) 49/3 57/6 64/2 71/16 apiece [1) 152/16 arresting [3) 35/13 74/14 84/20 110115 11111 115/17118/15 apologize [1) 150/14 arrests [3) 34/23 36/11 6317 Attorney's [1) 69/19 attorneys [4) 216 160/10 162113 126/20140/18 15112151/3 Appeals [I) 1/4 article [1) 29/5 also [36) 11/24 11124 13/3 13/4 appear [3) 38/10 89/8 98/13 articulable [2] 111/9 111118 184/22

l audio [7) 97/19 97/24 98/1 98/4 [ 16/15 16/22 21114 24/14 30/2 appeared [1] 38/12 as [160) 9/18 10/6 11/19 11120 _j 143/21 143/22 144/11 30117 36121 4 7/19 62/2 62116 appears [2) 46/7 184/13 11/22 12/1 12/5 13/1 16/16 17/8 63/16 64/10 68110 68119 76/22 19/20 19/24 20/12 20/13 20/13 August [4) 9/21 15/4 15/5 96/20 apply [1) 176/25 21115 21116 21121 21121 24/20 August 29th [3) 9/21 15/4 96/20 77/6 87/1 89/15 91/17 99/20 applying [3) 176/17 178/5 178/5

D 102/25 108/2 113/13 145/22 26/21 28/3 29/1 31/16 33/18 34/10 aware [12) 811 9/19 88/16 93/3 appreciate [1) 18517 9519 97/4119/10126/3126/4 148/11153113155/2164/24 approach [11) 33/14 40/3 45/24 35112 35/21 36/20 37/18 4017 168/13 168115 17115 179/19 48/1 62/9 89/1 92121 115/2 127/7 40/14 40/18 40/25 48/5 48/15 128/10 132/22 157/25 although [1) 145/7 154119158/17 51/10 51122 53/20 55/19 56/25 away [10) 24/16 35/14 59/18

0 always [11) 16/24 68/5 106/5 57/5 58/1 58/1 60/10 60/10 60/20 61114 63/3 112123 113123 118/4 appropriate [2) 14/24 182/25 131/13 178/11 178111178116 approximately [3) 32/13 79/2 60/25 61112 62/14 62/14 65/6 65/8 177/2 180/22 178/19178/19 180/4180/4 aways [1) 141/6 79124 65/17 65/17 67/20 67/20 68111 am [4] 1811718/18 44118 117/24 April [2) 12/19 173/24 69/24 69/24 71/11 71/14 71124 awhile fll 122/17

0 Amendment [2) 76/21 76/22 are (103) 7/23 8/2 16/3 16/23 74/18 74/24 75/5 78/13 80/15 B America [2) 163/7 167/16 16/23 17/2 17/1919/12 23/17 85/24 86/9 87/4 87/14 87/14 87/25 ammunition [4) 52/22 53/2 5617 back [72) 12/2113118 I6/II 26/9 25/14 27/15 31110 3211 3217 36/2 89/16 91/4 91/4 9116 91/6 91117 28/I9 3I/2 38/4 39/6 39/8 44/4 115/18 36/4 36/2I 36/21 43/IO 43/10 9217 93/22 94/21 94/2 I 94/2 I amount [3) 10/14 1517 71124 44/15 44116 45/4 47/4 4811 I 48112 95/23 97/24 10111 102/12 I02/21 44/22 46115 49/24 55/5 5517 55/13

:o 58/17 60/10 60/11 60/22 72/9 ample [1] 110124 48/13 48/I 6 49/I 5 I/12 51/14 104/1 104/5 104/5 104/9 104/9 analysis [I] 14/23 I 04111 10517 106/18 107/25 10817 73/23 74/4 75/25 8011 8017 82/2 51/17 51122 51/24 52/11 53/13 ankle [I] I I8/4 53/16 53/19 54/6 54/8 55/I6 59/17 110125 11114 111/4 I I 116 111120 84/9 85115 91/1 96/20 I08/24 anniversary (2) -20/15 20/15 112/16-113/9 H3/25 113/25 1 I6/2 H0/7 I-1 4/8--I 14/19 114123 l i 9/I 0 59/24-63/I 0-64/8 70/17 72/18 -

0 anonymous [1) 87/17 I I 8/24 122114 12917 132/9 136/14 120/25 121124 123/19 123/22 78/19 78/24 79115 88116 9211 137/13 137/19 138/4 138/4 139/11 126121 127/1 131116 131120 another [9) 9/10 44/13 84/1 107/5 92/23 94119 97/22 98/15 101/16 128/5 129/2 136114 136/15 146/24 131123 133/5 133/6 137/11 138/24 102118 104/3 105/3 109/7 109/9 140/14 141/9 141120 141/20 answered [2) 132/3 149/21 142118 144/3 145/10 147/16 148/6 139/9 140/I1 141121 151123 110/10 111/2 122/11 122/19

0 answers [2) 86/12 86/2 I 124/11 I24/12 124123 125/6 125/8 148/9 148/19 149/1 150/10 154113 155111156/5157/16163/12167/6 anticipate [6) 25/23 26/1 89/18 168/18 168/19170/21 171116 125/10 126/2 128/10 I32/22 I55/7 156/4 156/9 156/9 157/8 142111 152/24 153/8 135/22 135/22 141122 143/21 157/15 157/18 158/22 16113 16113 17211 172/10 174/4 174/7 175/9 any (85) 7/24 8/22 I 11I8 12/1 I I77/24 I80/24 181/17 182119 I 44113 144/I 5 152/11 152/15 164/8 167/22 I68/ll 168/21

0 14/4 14/13 I5/1 21114 21115 32/I8 Backdoor [1) 87/5 154/16 158/5 160113 160/25 I63/5 169/18 169123 169/25 170/4 43/7 46/12 47/9 52/21 54/9 56/18 163/10 163111 165/12 16713 171/19172/6 174/12 174/15 backseat (12) 25/2 37/20 60/10 58/14 5911 59/12 59/18 60/I4 128119 145/25 151113 154125 167/17 169/8 169/11 169/13 176/10 176/14 178/6 184/5 60115 61/7 62119 66110 67123 159/18 166/12166/14 175/6 175119177/2 178/25 179111 ask [29) I 0115 20/6 26/9 29/8

0 68116 68/24 68/25 69/23 73/20 181110 181/11 185/9 30113 40/8 40/18.48/6 51/18 77/23 178/22 74117 74121 74/24 77/7 77/8 87/24 77/24 85113 86116 9117 91/8 93/19 bad (11) 46/25 77/2 134/21 135/1 area [13] 9/22 30/6 30/10 30/14 92/14 9517 95/11 97119 100/24 99/8 101/16 141116 146/4 149/24 135/2 135/8 136/4 149/11 167/12 30/20 32/4 37/23 39/6 59/16 100124 100125 101/24 105/7 107/1 156/24 159121 166/9166/23 167/3 183/3 183/5 110/11 156/5 159/18 172110

[J 108/4 108/6 109/8 109/9 111/13 17411 17817 18116 bag (27) 24/23 38/3 3817 38/10 areas [4) 28/14 6717 67/12 67/15 111114119/9119/24120/3120/4 argue [2) 17/8 107/25 asked [26) 51119 5811 73/22 85/21 39/10 39/15 47/15 47/15 49/.9 121/15 122/11 128/10 130125 69/22 114/2 !14/15 114115 12617 argued [I) 104123 90/14 98110 114/6 131118 13211 140/8 140113 142/21 143/24 arguing [1) 104/25 132/17 132/20 133/7 133/10 134/9 126111 126/14 127/2 128/19 130/6 144112 146/4146/18 156/10 134115 136/8 142/15 14317 148/4 140119 155/3 155/12 155112

0 argument (10) 13/25 113/19 159/10 159/10 163118 169/22 123/7 123111 162/15 162117 168/6 149/8 149/8 165/3 166/21 172/12 155/19 159/6 159/10 171115 170/8 170/23171118 171/20 173/2 168/14 171110 176/15 175/24 181/18 bagged [2] 69122 70/4

n - _ .. ----------~------- -W--·- ···--- ----------- ------------~---~------------------------ ------·--------- -- Demse C. Phllhps, CSR __ _ 0

3

State v David Duane Greer 11114/12 Vol 4 85/4 93/11 93/12 93/22 95/23 98/9 bit [23) 23/20 39/21 50/17 55/19 burglary [4) 13/5 13113 13117

B

57/3 57/21 61/11 65/6 70/17 74/11 13/22 102/21 105/20 105/21106/9 . buried [1) 39/9 90/12 90/17 114/8 118/17 12118 Baggie [1) 51/II 110115 111115 112116 116110 117/6 119/24 120/4 121/2 121/25 133/1 141/6 144/8 144/21 145/21 business [1) 177/25 Bahamas [1) 117/18 164/13 174/16 179/9 buvs Ill 103/4 bailiff [1) 184/11 12211 126115 126/25 129/19 c bits [1) 165/11 balancing [2] 12110 12110 140/11 140116 141125 142/13

} Ballew [2) 136/15 136119 144/3 150/14 151/1 154/13 155/6 black [23) 25/2 31/1 32/23 39/2 cab [7] 37/11 37/19 37/25 3811 157/8 158/6 158/21168/8 171/13 45/6 60/21 82/16 108/9 108/9 Ballew's [3) 84/9 144/12 166/20

172/2 172/3 173/18 177/19 185/6 119/312617126111 128/8128/19 38/22 60/16 105/5 ballistics [3) 66/10 95/8 95/11 -145/5 -146/5 15S/3 155112 1 SS/12 caliber-[2) 25/22 65/8 bare [I) 80123 before [34) l/16 16/1 16/1 27/11 call [22) 26/14 63/19 7817 80/10 58/6 72/12 79110 82/6 83/21 91124 155/19158/22164/21 164/23 barrel [3) 55/10 94/13 95/4 82/16 87/13 87/17 8817 88/13 blank [1) 153113 base [1) 103/13 9217 92/12 102/2 108/16 108/22 88114 91116 95115 99/11 10611 based [5) 16/25 17/23 17/23 113/17 116114 117/22 123/6 block [3) 32/14 58/18 165/9 107/22 107/23 112/8 132/11 124/24 125/3 126/19 127/4 129/18 blouse [1) 83/1 1 00/24 134119 132/12 132/13 142/2 157/3 basically [5) 20/12 44/20 88/22 13117 131119 132/3 137/3 160/9 blo'Y [1) 65/15 called [8) 2111 24/9 35/9 84/11 blue [3) 11125 12/19 4917 96/25 163/4 168/5 171/8 172/3 173/8 17717 85/3 85/5 89/18 114/5 basing [1) 101/18 Blueback [1) 162/8 beforehand (1) 7/17 calling [2) 105/12 142/12 boil [1) 164/4 basis [8) 1311 16/6 17/4 18/3 19/1 began [1) 59/8 calls [3) 78/9 86/25 129/6 I 00123 I 09112 110/21 begin [3) 162/10183/12 185/13 boils [1) 164/5

CAL VERT [9) 2/4 22/23 26/23

be [124] 1/15 7/9 9/2 9/16 10/24 behind [20) 23115 32/3 32/11 bond [1) 118/1 73/14 95/25 122/25 154115 157/10 10/251111811/2514/1114/18 37/23 39/6 58/12 58/18 74/11 82/6 bones (1) 80/24 176/15 14/24 15/8 15/20 17/1 17/4 17/11 82/9 128/15 156/6 156/6 15 817 both (12) 7/23 7/25 8/2 33/9 19/21 21/6 21/9 22/19 24/6 24/11 158/9 178/12 178/20 180/4 180115 50/11 101/15 105/14152/14 160/4 came [12) 1115 8110 8111 51/15

82/2102/6118123 127/24 131115 25/24 26/2 34/6 36/24 38/21 38/25 184/22 161111 163/12 175/13 131123 168/11 180/1 bother [1) 178/12 41/9 43/20 45/9 4617 47/12 48/23 being [26) 15/9 24/15 31/5 32/2 camera [4) 58/9 58/ll 71/8 bottom [3) 41/25 42/2 62/13 51/14 54/11 54121 57/2 59/11 57/3 70/24 98/12 110113 117/2 145/14 61125 63/11 65/6 66/2 67/12 70/20 126/19 126/20 131/4 132/22 bought [1) 182/4

~ cameras [2) 97/22 97/24 73/3 73/3 75/22 76/8 7817 79/4 136/13 136114 136/16 143/12 bound [3) 168/24 169/2 176/11 camouflage [14) ~n ~ box [2) 33/2 37/2 88/4 88/16 89/18 92/24 94/10 145/10 151113 158/10 162/20 ~ H&'& 128f"l:2"'1~'"1"4"4'ftr 94/17 94/20 95/18 9817 98/8 98114 162/21 176/22 178/22 179/23 boxes [1) 23/22 99/8 99/25 100/8 102/16103/12 bracelet [3) 118/3 140/6 14017 ~~~~ 181/1

-= r- I 03/22 I 04/10 106/6 106/11 belief[4) 65/25 169/8 169/11 brand [1) 65/17 ~g~~H BRAZOS (23) 117 1117 23/2 27/3 Campbell (67) 5/13 16/5 23/2 106/18 107/15 107/23 109/18 175/19 27/8 27/9 27/14 30/15 78/20 79/11 23/4 23/6 23/18 24/2 24/21 25/24 109/24110/16 11117111116112/6 believable (1) 183/1 115/5 116/1 117/22 119/25 120/2 believe [35] 7/19 7/20 12/19 14/8 96/3 96110 139/20 139/22 157/14 26/3 26/4 26/6 28/24 29/20 30/6 30/20 3119 31/16 33/10 38/11 120113 121119 122/12 127/5 14/10 15/4 15/25 2119 2517 25/11 163/20 163/21165/24 167/9 38/12 38/16 38/18 38/23 43/17 128/23 13311 134/21 135/1 136/4 26/5 30/9 45/6 62/4 63/11 65/20 167122 186/2 186/4 186/18 44/5 44/9 47115 52/18 53/5 56/25 141116149115 151111 151/23 6717 6817 68/21 70/25 72/12 82/25 break [5] 76/11 100/ll 113/22 152/5 152/15 153/8153119 154/4 100/22 112/11 119/10 148/4 57/3 57/6 73/15 73/23 74/2 74/5 160/10 167/19 75/9 80/18 81115 81/24 82/21 83/3 154/8 156/24 159/22 162/24 152113 152114 153/5 153/18 155/2 breath [1) 150116 165/14 168/11 172/22 175/1 175/6 159/8 167/4 173/11 175/24 83/6 8317 83/11 83/14 83/18 83/21 brief [5) 9/3 9/11 100/8 152/15 85/1 85/3 85/16 86/22 92/6 II 0/6 175/20.176/4176/9177/151.77118 belong (3) 38/11 38/12 136/6 162/1 179/11 183/21 184/13 184/14 briefly [2) 54/14 84/8 112/9 112/15 112/21 144/16 belonged [4) 14119 56/24 71/1 bring [18).15/18 20/19 22/3 22/5 .. 146/19 151/6 157/20164/17 - 1_84!_24 }_86/_6 186/12 1!19/9 25/10 51/18 51119 78/2 78/5 112/1 164/24 166/15 170112 180/1 because [70) 8/6 8/10 11121 11/24 belongings [5) 113/25 114/9 15/12 19/1 19/6 26/3 36/24 49/24 115/11 140/12 140/20 112/4 116/17 153/24154/5 160/25 Campbell's [7) 39110 47/24 49/10 52/9 61114 62/22 63/2 63/15 69/3 belongs [2) 129/11 130121 51/23 52/14 52/20 155/20 161/21 183/17 183/19 70/6 70118 70/21 71125 72/20 can [83) 7/10 7/14 9/10 9/15 bench (3) 37/22 142/10 143116 bringing [1) 175/1 2Wl820/192Wl92Wl434/14 80/20 93/17 94/15 94/22 102/13 broad [1) 111/16 beside [2) 32/3 156110 105/16 106/8 110121 111/23 36/5 37/17 41/15 46/8 50/22 54/23 best [3) 30/1 84/4 86/11 brought [2) 7/22 164110 115/12 117/9117/12 124/14 55/19 56/11 56117 60/20 66/14 bet [1) 173/8 brutally [1) 173/9 124/18 125/4125/9 125/10 128/5 better (5) 21/10 27/25 66/2 84117 Bryan [8) 1/16 1/17 1/23 2/7 2/12 68/9 68/10 70/6 71/3 72/1 76/9 128/21 136/8 137/2 140/4 141/1 7717 82/19 82/24 86/4 86/11 87/21 97/20 30/12 120/15 186/19 145/13 153/15 153/18 164/3 164/6 between [14) 2117 51/4 55/20 89/5 94/3 94/17 94/20 95/5 95/14 building [1) 165/9 16417 165/11 165/15 167/13 172/5 56/4 64/14 92114 94/8 99/15 97/19 97/20 9917 100/19 I 03/6 building-block [1) 165/9 172/23 173/6173113 176/19 177/8 IntiS q&/18 151/2315617 bullet [18) 49/16 49/18 49/22 50/4 _106/}0_IQ{i/25. 145/1? 128/2 50/9 50113 5115 51115 51115 51/22 130/24 132/25 141/15 143/15 177/8 1Ti/iOI77115 178110 162/15 164/1

C)

178/13 179/5 1 79/14 180/3 180/6 beyond [27] 165114 165/16 167/8 52/9 52113 52/20 55/6 55/10 55/21 144/17 145/3 145/12 145/12 J 180116 181/9 145/13 150/16 151/20 152/4 152/5 168/22 168/24 169/9 169116 156/18 173/19 bullets (14) 6/11 51/9 52/21 53/13 152/9 152/20 152/21 156/4 16113 become [1) 157/25 169121 174/17 175117 175/17 bed [4) 37/15 37/16 48/10 49/2 165/10 165112 165/16 166/12 17611 176/10 17811 178117 178/25 54/1 54/4 5511 55116 55/24 56/3 been [74) 12/18 16/24 22/25 179111 179/19 179/21 179/24 70/14 70/17 70118156114 166/25 168/16 169/15 171/11 173/5173/5174/15175110175111 25/17 26/21 27/5 2717 27/9 28/2 180/11 180112 180113 182/6 182/6 bunch [7] 39/9 114/11 115/13 28/5 31116 33/17 34/2 35/21 40/6 182/8 182112 179/11 183/1 183/5 184/23 185/8 117/16 140/25 153116 155/3 can't [24) 15111 15/11 2417 37/2 40/17 42/17 48/5 52/22 58/18 big [6) 41/25 71/13 95/1 115/12 bunk [1) 9/22 37/21 68/5 70/20 71/25 89/11 63/18 65/18 66/10 67119 69/4 71/5 124/13 140/23 burden [4) 169/10170/4175/21

J 72/8 72/9 78113 78/22 79/1 79/8 94/13 103/2 105112 107/22 107/22 bigger [2) 57/3 118/13 178/3 .. i\ Demse C. Phdhps, CSR d:--------- --- -------------------------------------------------------------------------------------------------- ') j

n 4 State v David Duane Greer 11/14/12 Vol 4 c 169115 174/4 178/14 183/6 184/24 146/2146119 146122 147/9 181/21 174/5 177/6 convict [1] 168/25 checked [6] 39/25 40/1 75110 80/4 comes [14] 1611 16/2 31/1 55/5 [J_ convicted [17] 25/12 25113 25/21 can't... [10) 111119 143/1 143/3 81/2 115/17 58/6 63/2 71/4 98115 138/17 172/19 174/7 174123 180/7 181/4 26/4 99/17 119/24 120/4 120/22 152/24153/8 156/3 156/12 165/9 checking [2) 50/19 50/25 122/7 133/21 134/24 163/23 comfortable [2] 7/23 8/2 175/10 180122 chief(3) 9/18 10/6 100/16 167/10169119174/21 176/5 coming (2) 131/15 131/20 cane [1) 38/3 children [1] 91/8

0 182/21 cannot [3) 60/23 68/9 175/4 choose (1) 105/16 comment[1) 15/8 commit [1) 176/5 conviction (3] 20/13 164/2 176/9 canvas [2) 155/12 155/12 choosing [1) 105/17 convictions (3] 21/16 77/8 122114 committee) (1] 118/1 car (28] 23121 29/16 32/11 59117 chose [1] 121/7 convincing [1) 169/1 63/2171/5 71/8 89/10 90/25 91/l CHRONOLOGICAL [3] 3/1 4/1 common [10]-46/2146/23 47/1

0 47/3 168/19176/17 177/1177/6 cool [1] 82/12 105/25 126/16 126/20 131/16 5/1 136/16 136119 136/20 138/24 178/5 178/10 cop (2] 27/5 35/21 CI [3] 101/22101/23111/17 copies [3] 16/4 16/23 161/25 141/5 144/11 144112 145/25 circumference (1] 94/22 company [1] 84/14 copy [4] 17/1 107/4 107/6 162/5 170121 171116 174/22 181/17 circumstances [3] 14/20 56/22 compare [1] 68/3

0 182/25 185/3 compared [1] 174/9 corners [1] I 03/20 56123 Corps [2] 162/24 162/25 care [7) 7/12 26/10.100/6 170/3 city [I] 30/11 compartment [5] 37/1 37112 correct [115] 11/12 11/15 13/7 179/12 184/25 185/2 claim [4] 132/18 137/24 166/22 37/21 39/6 60/22 complete [5] 68/5 85/23 105/20 19/16 29/13 29/17 34/20 3511 carried [I] 170/16 181/10 36/24 37/4 41/2147/5 47/17 49/4

0 carry (4] 100/19 130/2 167/19 122/8 122/9 claimed [1] 148/5 50/6 56/20 57116 57/23 59/4 5917 173/7 clanging (I] 168/5 completely [1] 138/5 5919 59/14 59/25 61/6 61/15 61/19 cars [5] 31/23 32/1 3217 3217 33/2 clarified [I) 142/18 complied [6] 41116 42/11 54/20 61123 62/4 62/20 62/21 62124 63/5 case [70) 7/20 7/24 8/3 8/5 8/12 56/12 183125 184/12 clarify [3) 46/24 132/8 137/11 63113 63/17 63/22 64/25 65/3 9/1810/6 11/19 11/23 12/22 13/2 clean [1] 9/23 computer [1] 36/7

0 65/10 65/11 65/14 66/2 66111 13/11 13/17 13/19 13/21 13/22 clear [14] 50/20 71/17 108119 computerized [1] 1/18 66/18 67/9 67121 68/3 68/4 68/7 14115 17/22 25/20 26/8 44/23 111/2121/9127/11133/1134/19 concentrating [I] 30/5 47/22 63115 63/24 67/6 68/17 69/9 136/2 15117 151/11 169/7 181/20 concern [1] 181/13 68/18 68/22 69/1 69/2 69/11 69/14 69/15 70/15 71/2 71/20 71/23 72/4 77/12 84/1 84/2 89/9 97/4 99/20 182/20 concerned [4] 108/13 117/23

0 73/4 73/24 76/19 77/4 77/20 87/15 100/5 100/16 101/24 103/8 103/24 clearly [3] 38/23 38/25 143/11 134/10 174/4 88/10 88/16 88/23 89/20 93/21 108123 109/24 121/21122/17 concerning [1] 146/4 client [4] 10113 104/9 108/7 94116 97/5 102/3 121/2 126/12 125/17131/10 139/11 139/14 111/14 conclude [1] 56/24 142/4 146/23 146/24 146/25 149/1 client's [I] I 02/25 concluded [2] 100115 143/16 127/17 127/19 127/24 128/6

0 149/3 154117 160/2 165/8 165/9 condition [6] 37/9 38/1 40/14 128/25 129/1 129/4 129/11 129113 cloak [I] 105/12 166/7 167/2 167/3 167113 167/18 close [5] 48/8 49/12 55/20 160/1 40/25 53/20 116/2 129/16 129119 129/20 130117 177/15 177/24 178/20 179/8 13 0118 130/22 13 0/23 13 1/9 160/3 conduct (2] 84/22 106/19 180/18 180/25 184/17 184/25 close-up [2] 48/8 49/12 conducted [2] 11113 158/11 131/24 132/1 132115 133/8 135/4 137/4 137/20 148/3 148/7 149/1

0 185/9 closed [3] 75/19 160/2 160/5 conducting [2] 158/1 165/24 150/20151/8 151/14 151/15 case-in-chief[3] 9118 10/6 100/16 closely (I] 79/17 conference [1] 142/10 confidential [9] 88/8 91123 91/24 154/25 155/4155/16 156/16158/8 cases [2] 27/23 92/16 closer (I] 105/22 catches (1) 52/10 101113 101115 103/7 108/3 108/14 159/4 159/19 186/5 CLOSING [3) 162117 168/6 correctly [3) 109/20 169/25 186/9 caught [3) 135/2 136/5 150/7 176/15 111111

0 cause [8) 1/3 1116 12/16 95/5 clothes [I7] 12/6 60/24 105/7 confirmed [1) 75/11 cost [1) 186/11 I 09/25 I 09/25 169/6 18617 could [37] 11/25 29/22 32/15 114/1 114/10 116/21 117/14 confrontation [4) 10/12 103/1 causing [2) 55/9 55/22 125/20 126/7 126/8 126/11 12 7/2 109/7 109/11 33/22 47/11 52/5 54/18 54122 . -55/23 58/20 65117 65/18 66/4 67/6 CDs-[1]-155112. 130/4 130/5 140/12140/25156/9-- confusion (l) -12118 . -

0 cell (2] 12/3 12/5 76/3 77/9 87/25 93/18 101/9 clothing [I8] 24/23 29/5 38/2 38/3 connect [1] 175/4 Central [I] 27112 38/8 38/10 38/14 39111 39/15 cons [2] 20/12 77/2 101110 112/19 114/1 114/12 certain [6) 63/6 66/25 71/24 116/24 116/24 121116 134121 47/15 47/16 47/19 47/20 47/25 consider [1] 176/21 129/3 143/20 180111 135/1 140/8 140121 171/13 171/24 149/18 155/4 155/15 155/21 Constitution [I) 83/15

0 certainly [3) 130/1 152/7 159/9 cloudy [I] 82112 Constitutional [I] 76/18 171/25 172/2 172/3 173/19 175/14 certified [5) 16/3 16/23 1711 counsel [IO] 22121 34/3 41/3 clue [I] 119/11 contact [2) 30/21 67/8 78/24 79/1 ~),,..! 1-1] 6lL~ contacted [1] 101/22 64/21 73/22 liiii 111/4 177/24 ' 178121 186/6 certify [3) 186/5 186/9 186111 - coat [17.:]::::;4'4~/~5 contained [6] 49/10 53/10 70/10

0 challenging [2) 16/25 18/1 counted [1) 103/5 ~J.!.f;.l;;jY;'-:t-/-18:;l.Q&LlL1.0819---' 70/19 155/3 155/20 chamber [7] 52/3 52/4 55/14 .. ~J.e~t.J.Q-.1:!74/~0-r7472:fT75/l container [1) 159/11 counter [1] 173/24 64/20 65/6 70/21 94/21 contains (I] 186/5 country [I] 118/23 !-=7-5-~]..:t-5}3--~ chl!mbered [1) 50/14 . contents [2] 54/5 88/23 COUNTY [26]1/7 1117 23/3 cocaine [2] 106/1 120/5 chambers [1) 186/7 cock [1] 55/12 contest [I] 181/9 25/14 27/3 27/8 27/9 27/14 30115

0 changed [1] 143/13 78/20 96/3 96/10 120/8120/14 coffee [I] 182/18 context [3] 12/3 14/20 15/13 changes (1] 182/2 cold [I] 118/13 continue [3] 83/18 85/16 151/24 120/16 138/12 139/21 139/22 charge [1 OJ I 0/7 152/1 152/21 collected [2] 65/9 174/9 continued [I] 183/16 157/14 163/20 163/21 165/24 153/4 160/8 160/18 160/24 162/4 college [I) 63/20 control (2] 170/3 179113 167/9 167/22 186/2 186/18

0 162/7 162/9 color [1] 36/23 controlled [1] 103/4 couple [11] 8/11 11/17 20/19 30/2 charged [4] 9/19 153/19 163/16 combined [I] 165/23 conversation [27] 10/16 13/21 92/20 96/21 I 00/22 115/4 146/22 184/5 come [26) 16116 18/18 26/6 41/15 14/3 1511 74/4 97/14 97/21 98/6 151/22 162/18 charges (2] 120/16 138/12 42/2 49/9 54/18 55/23 63/21 67/8 126/3 131117 131/20 13311 134/20 course [2] 10/4 14/2

0 CHARLES [1] 2/4 court[17] 1/3 114 1/6 1122 1/22 72/9 75/7 84/12 102/1 114/6 133/6 135/23 136123 136/24 138/18 check [6) 41118 81/3 89/10 174/3 140/8 160/6 164/14 164116 167/1 139/5 139/9 142/18 143/8 145/22 9116 17/23 17/25 92/25 123/4

0-- .. ________ --------··-· _____________ ----~emse C~htlh~_:_ CS~---------------------------------- 0 0

5 State v David Duane Greer 11/14/12 Vol 4 c 164/18 164/25 165/9 166/16 167/8 depictions [I] 48/14 98/18 98/19102/11 106/3117/1 167/18 181/22 183/3 183/5 depth [I) 27/22 117/12119/11 122/9123/16 125/23 125/24 129/18 130/9 132/4 court ... [7) 130/13 184/15 186/4 DAVID (43) 118 28/24 29/1 29/20 deputies [2) 23/2 23/8 134/5 135/8 135/10 137/22 137/23 186/4 18617 186/17 186/17 59/8 67/20 69/10 71117 72/1 73/4 deputy [I7.]~57/14 61122 62/14 73/23 74/4 74/15 74/20 137/24 138/11 138113 138/15 Court's [2) 16017 162/9 7317 80/18 8119 87/9 92/4 96/17 courthouse (3) 168/20 176/22 74/24 89/15 90/9 136/15 136/19 143/3 145/23 148/8 148/11 148/11 112/23 113/6 113/13 113/18

D 148/19I50/18 159/9 159/9 165/18 177/7 114/23 11917 122/19 123/8 132/12 136/24 151115 155/8 157/25 169/20 171114 173/25 174/1 174/2 courtroom [7] 17114 29/2 42/22 137/17 145/2 146/20147/18 describe (15) 27/I? 29/4 35/2 35/2 35/16 36/16 37/8 37/8 39/5 181/24 182/3 183/6 64/24 109/3 109/8 176/25 147/21147/23 148/9 157/20 covered (2) 117/6 117/8 163/22 169119 17017 170/9 170/11 54/22 82/24 86/5 86/11 144/17 difference [10) 51/3 56/4 56/4

0 94/8 94/12 94/25 95/1 103/9 CR [I) 1/4 170/15 170/16175/16176/3 184/4 145/3 described [4] 32/6 3817 111114 103/13 170/23 crack [1) 120/5 David's [8) 73/3 11617 118/6 different [20) 27/21 28i14 50/14 crammed [2] 114/17 117/20 148/3 170115 170/23 172/18 155/20 53/1 55/2 60/17 66/17 66/24 66/25 credibility [12) 163/11 165/21 174/20 describing (1] 87/14

0 165/22 166/25 167/3 167/3 167114 description [7) 6/4 14/3 36/22 6717 70/17 119/3 14317 143/8 day (40) 1/14 23/3 28/20 40/15 I63/l I63/2 I66/18 I69/4 I81119 171/20 174114 177/10 177112 43/5 79/22 82/11 82/22 87/8 101/4 10217 I0817 108/14 177/23 II3/17 113/17 114/5 114/5 117/22 designed (1] 94/19 181/19 digging [2] 126/21 126/21 credible [8) 102/22 102/24 103/12 123/6 127/4 128/3 128/6 128/25 detail (I] 89/11 109/18 110116 165/19 16611 18117 I29/16 I29118 13117 136/3 136113 details [2) I0/9 II6/I7 dimmed [1) 144/8

0 dire [4] 163/I5 I65/I6 176/12 CRF [I] 113 I43/10 I43/11 I45/23 I47111 detained [1) 59117 crime [9] 66/I? 66/24 68/2 68/10 147/16164/5 166/17166/18167/2 detective (11) 27/24 29/12 91123 177/21 17112 171/8 177/10181/17181/21 108/21 108/21 127/21 144/6 direct (13] 5/12 26/22 74/17 68/11163/16 174/10 176/5 177118 crimes [3] 77/8 119/25 122/12 144/2I 146118 150/25 I57/15 74/21 78/14 79/21 88/8 95/24 183/6 186/13

0 96/I6 112/17 144/4 154/14 157/9 criminal [6) 27/I6 27/19 29/21 daytime [I] 3113 detectives [1) 27/20 7917 157/13165/25 detention (12] 9/23 9/24 10115 direction [I) 55111 dead [I) 140/9 1617 16/25 17/24 18/2 18/3 96112 disagree [I] 179/9 critical [I] 109/20 deal [3) 72/20 83/2 83/5 cross [10] 5/12 57/10 57/12 87/11 dealt [2] 83/2I 83/25 I08/3 IIO/I I1117 disagreement [I] 152/22

0 disapprove [I] 175/16 97/12 111/22 I22/24 147/14 156/1 decades [1] 165/23 determinative [1] 10617 159115 decide [3] 80/I2 85/12 177/22 determine [I) 1011IO disarray [I) 60/6 Cross-examination [8) 57110 decided [3) 84/17 84/19 86/23 determined [I) III/15 discharge [I] 184/2I 57/12 87/1197/12 122/24 I47114 decision [5] 77/11 77/12 77117 did [I72) 10/9 10/15 IO/I7 10118 discharged (2] 25/18 I85/11

0 156/1 159/15 87/2 167/1 IO/I9 I0/2I 13/23 I9/2 I9/3 20/25 discharges [1) 94/22 cross-examine [I) I11122 28/22 28/25 30/20 30/22 3I/3 31/5 disciplinary [1) 10/IO decisions [I) 177/2 crying [1) 174/I5 declined [1) 13/23 3117 31/I5 32/I2 32/I6 32/I8 33/2 disclose [1) II8/24 crystal [1) 18I/20 defendant [45) 2/9 7/20 9/I9 9/25 33/6 33/8 36/I1 3611I 36/15 37/5 discount [1) 174/16 CSI [1) 46117 IO/I6 I4/I6 I6/4 23/I8 24/I 25/20 37/25 38/IO 38/18 38/19 39/2 39/4 discovery [1) 182/24

0 CSR [3) 1122 I86/I6 I86/I6 26/9 29/9 30/5 30/20 3II16 32/I2 39/I6 39117 39/I8 39/19 39/23 discussion [2] 9/9 96/24 cultivated [I] 92/15 33/IO 42/23 4317 56/I4 56/18 40/I 46/II 46/I4 47/6 47/22 49/9 dismissed [2) 13/9 13/IO cultures [1) 163/2 56/25 57/3 73/I9 8317 84/2 96/22 49/II 49/I5 49/17 51118 5112I disorder [I) 9/23 cumulative [I) 17/11 99/15 99/17 I04/9 I23/I6 123/22 51125 51125 52/2 52/14 57/I? dispatch [7] I9/4 74/23 75/6 8112

0 curiosity [1] I58/14 129/4 I29/8 I29/22 130/15 I45/19 57/I9 57/I9 57/21 59/5 60/I4 81/3 87/24 10I/8 current [1) 79/5 I45/22 157/I9 I62/I4 I63/5 60/I5 63/24 64/1 64/18 64/18 dispute [2] 142/12 179/I1 currently [I] I22/19 163/22 I83/24 183/25 184/4 64/2I 70/25 ?I/17 71/21 74/4 75/5 disregard [1) 8611 custodial [1] 1111.1 DEFENDANT~S [13]4/5 9/25 . .75/6 75/6.79/10 79/13 80/12 80/24 distance [3] 58/5.82/9 166/11

0 custody [10] I2/5 33110 43/8 59/9 10/6 32/1I 3317 34/25 37/6 40/II 8111 8113 8I/5 83/2 83/5 83/11 distinct [1] I40/13 83/8 I041lll39/20 I57/22 170/3 97/3 9717 I43/IO I54/23 I58/2 83113 83/I4 83/I6 83/17 84/6 distinction [ 4] 104/19 105/6 I 0517 179/I3 defense [I4] I4/I7 14/20 25/I1 84/22 8517 85/I2 85/15 86/13 I09/21 cut [3) I40/7 I40/8 145/5 29/6 34/2 41/3 100/6I40/2 140/4 86/15 86/16 92/3 92/10 9517 96/24 distinctive (1] 145/14 cut-off(1] I45/5 142/4 I43/20 I77/24I78/2I I84/9 97/2 97/24 98/13 I00/20 I02/I distinguish [1] 94/3

D cycle [I] 163/I2 deferred (3] I22/5 I22/5 I22/8 102/5 103/4 I06/I5 113/17 113/24 DISTRICT [8] 1/6 118 1122 2/6 cylinder [11] 50/16 50118 5117 114/6 II4/9 114/13 114/13 114/18 69/19121120 186/4 186/17 definitely [I] 117 /I 52/8 55/1 55/2 55/6 55/18 55/20 definition [1] 169/9 115/I5 II6113 I19/9 120115 division (4] 27/I5 27116 27/I9

0 94/I5 95/3 deleted [1) 153/16 I24/12 124113 I25/23 I26/25 29/22 deliberations [5] 162/11 I76/18 129/22 I30/l I30/2 130/25 132/6 DNA [8) 67/2 68/I 68/16 68/16 D 183/13 I83/I4 I83/I6 134/1 I35/18 I35/2I 136/6 I37/13 68/25 I7 4/9 17 4/9 I7 4/11 D.A [1] I66/5 q7/I9]38/3 I39/5 139/22 140/I do [I78) 7116 7/18 8/2I I0/17 d~J!1~a!l.QI [7] 8~/I9_ 86/5 90/13 D.A.'s [2) 7/10 13/10 90/18 9I/5 9I/6 9II7 140/3 142/I? I45/18 I46/4 I46/19 13/24 I4/4 I9/17 I9/19 20/21 dad [1] 73/4

demonstrate [I) 54/24 146/22 I47/4 I47/4 I47/9 I48/I4 20/22 21121 22/15 25/5 26/IO 27/2 daily [I] 177/I denial [2) 85/23 91/li 148115 148/I9 148/20 14911 149/2 27/2 27/21 27/22 28/16 2911 29/3 damaged [I] 35/9 Denise (4) 1122 95/16 I86/4 I50/4 150115 153/15 15411 157/22 31/15 32/19 35/6 35/6 35/11 35112 darl\ [3] 45/1 75/15 75/22

I86/I6 157/24 I57/25 I59/6 I65/17 35115 36/17 38113 39/23 40/8 40/9 0 date (15) 15{3 I6/6 25/14 99/20 deny [4) 9I/9 I11124 165/4 171112 172/17 I73/l I74/l174/5 40/20 47119 47/22 50119 50/22 Il4124 116112 116114 I20/25

180/10 I75124 I76/5 I79/17 I80/12 I8117 50/23 5I/11 53/12 57/I8 62/18 137/14139/6139/18 142119 department (5) 27/21 36/19 82/20 182/14 64/22 68/8 72/5 7217 72/8 74/21 142/24 163119 164/2 96/4 96/11 didn't [56) 11/3 14/18 18/4 53/2 74/23 75/1 75118 75119 77/19

0 Dave (17) 23/1 81/24 83/3 12817 depend [I) 104/16 58/II 5911 62/22 62/23 63/24 82/4 77/23 79/10 79/13 80/12 82/10 132/11151/7I51112I64/11 depending [2) 101117 102118 85/18 88114 89/10 90/21 95/11 82/13 82/21 84111 84/21 85/12

W-- ------ .. Demse C. Phillips, CSR 0 0

6 State v David Duane Greer 11/14112 Vol 4 165/17 167/8 168/22168/24 169/9 education [1] 178/15 everybody (6] 29/25 35/5 43116

D

effect [5] 14/2 14/12 14113 15/2 58/19 84/20 177/20 169/16 169/22 169/22 174/6 0--- fi!Verybody's [1] 88/19 do ... [114] 89/12 94/6 94/25 95/7 174/18 175118 176/2 176/11 17811 15/8 95/11 96/9 9619 96/17 96/19 98/10 everyday [2] 79/19 176/23 178/2 178/3 178/18 178/25 179112 effectively (2] 142/23 168/9 everyone [7] 78/7 112/6 145118 98/19 98/20 98/23 103/4 105115 179119 179122 179/25 180/11 efforts [1] 30/5 154/8 165/4 167/22 183/21 106/5106/810711107/11107/17 180112 180114 182/6 182/7 182/9 eight (2] 2116 120115

0 everything [14] 24/10 32/4 58/24 111/20 111/21 112123 112/24 182112 either [13] 8/12 68/25 83/3 61118 89/10 89/11 97/23 9911 112/25 113/25 115/5 115/8 115/15 down [16] 31120 37/22 41113 121/20134/2 156/20 165/17 117/19 121/11121112 171125 115/19 116121 117/5 118/10 41115 54/15 54/18 76/9 95/14 99/7 175/13 176/6 176/6 182/4184/6 172/6 177/12 118/10 118/11 12116 121/7 121/11 141115-151120164/4 164/5 173/25 .184/16

0 element [7] 168/21 168/24 169/2 everywhere [2] 60/12 60/13 122/3 125/2 125/5 125/9 125113 177/22 180/7 125/20 126/17 129/23 131/15 169/21 169/23 175/17 176/10 evidence (47] 17/22 19/25 25/11 downstairs [1] 177/5 25/20 26/7 35/25 36/25 52/15 131119 132/17 132/18 134/16 DPS [2] 6711 67/15 elements [4] 163/15 163/15 165/8 59/12 59/19 67/1 67/5 69/22 69/24 135110 136/15 136/16 136/20 draw (1] 113/5 169/15 139/8 140/7 140113 140/18 140/19 elicited (1] 148/1 70/4 70/7 100/15 103/2 104110

0 drawn [2] 2411 33/7 105/8 105/12 105/18 105/25 140/20 142/6 142/6.143/5 144112 dressed (1] 82/22 else [16] 7/14 12/15 14/19 19110 106/19 106/23 107/24 108/19 144/14 144124 150/2 152/8 156/10 31/13 34/24 52/21 58/19 81/12 drew [1] 116/12 108/19 109/8 110/11 110/24 111/2 158/20 159119 160/11 161/5 161/8 drive [2] 63/3 63/13 81/17 84/7 106/11 124/15 129/7 142/21 143/4 151/2 151/3 155/7 161/9161/11 163/17 163/22 driver [5] 32/25 62/1 62/2 62/17 135/19 167/22

0 156/15 158/22 160/7168/10 163/23 163/25 164/9 166/2 166/13 63/11 emergency (1] 23/15 168/14168115 168/15 169/14 166/21 168123 i68/25 169/1 employed [1] 78/19 driver's (3] 61/8 156/6 164/12 173/21 186/5 172/10 172/13 172113 173/5 driving (19] 18/9 23/8 23/18 empty [3] 55/1 55/1 55/5 174/19174/25 176/12 176/13 encourage (1] 181/5 exact [2] 94/11 156/7 23/20 29/16 31/20 31/23 56114 exactly [19] 12/14 25/25 46/17 176/18 176/19 177/9 177122 72/24 8011 90/20 101/6 101/24 end [11] 26/8 50118 51/7 52/9 99/2 116/19 117/20 121/14 121123 177123 178/8 180/18 180/19 55/17 80117 160/6 166/3 167/2 114/24 126123 127/3 128/24 131/5 133/17 156/3 156/5 159/1 180/25 181/5 181/5 182/17 182118 179/15 182/22 180/24 182/18 183/5 183/9 185/1 185/2 186/4 159/17 159119171/19171/24 dropped (1] 120/17 ended [2] 32/23 32/25

0 172/9 177/4 document [2] 36/13 89/4 drugs [1] 177/17 enforcement [5] 24/6 50/1 59/19 does [33] 11/18 12/25 21/1121/17 63/7 110/9 examination (21] 26/22 57/10 DUANE (1] 118 57112 73113 74/8 78114 87/11 26/3 31/22 31/25 35/2 35/11 35/20 dubious [1] 162119 engage [1] 36/12 50/9 50/10 59/24 62/14 64113 enhancement [1] 21/15 91/21 9311 95/24 97/12 112/17 due (4] 11/11 70/24 109/15

0 122/24 137/9144/4 147/14 150/23 87/24 89/8 89/15 100/6 115/25 138/12 enough [10] 94/7 110/17 110/24 116/l 121/22 149/10 164/4 165/14 111117160111174/19175/6 154/14 156/1 157/9 159115 duffle (10] 24/23 47/15 49/9 172/25 173/7 173/8 176/4 178/8 114/15 126/7 126/11 128119 155/3 175/20 176/8 176/9 examine [1] 111122 182/25 184/9 184/16 ensure [1] 167/14 example (2] 38/19 67/19 155/19 171/15 doesn't [4] 104/16 140/6 170/23 duly [7] 26121 78113 95/23 112/16 enter [1] 162/10 excellent [1] 185/6

0 172/8 entered [3] 155/6 158/21 172/6 except [4] 153/11 180/10 181/24 144/3 154/13 157/8 doing [22] 14/23 24/17 28/2 36/2 182/3 dun [2] 166/4 166/4 entire [2] 146/19 170/8 36/17 38/5 38/6 39/16 44/1 48/15 envelope [3] 53/10 53/11 53/22 exclude [1] 68/10 dun-dun [1] 166/4 62/1 79/24 80/3 84/24 128/24 during [17] 9/18 10/5 25/16 82/1 equipment [1] 24/24 exclusions [1] 174/11

0 140/20 154123 155/8 158/6 158/14 equivocate [1] 125/23 excuse [4] 14/11 14/13 48/13 82/5 83/2 83111 85/4 93/6 93/8 176122 177111 93/9 136/19 146/18 147/5 147/9 Ernie [1] 41/18 130/25 don't [99] 7/22 8/4 8/6 8122 8/22 escalated [1] 10/12 excused [8] 99/9 99/10 141/17 15 5/2 163115 dust[3]69/4_116/U16/1. escalation .[1] J 4/.4_ .141/19 J 56/24 15.71.1 J 59/22 JOIL11L~Q IJI2l PI~ U/13_11/8. 14/10 14/24 17/13 17/13 17119 dusted [2] 70/9 70/11 especially [1] 95/2 159/23 23119 29/14 43/20 55116 56/22 execute [6] 18/6 23/5 23/12 28/23 duty [7] 28120 79/22 168/24 essentially (2] 9/22 10/14 58/12 61/14 62/11 62/19 65/12 establish [1 J 169/15 168/25 169/2 176/11 177/7 75/4 157/19 65/20 65/22 66/14 69/8 69/23 executing (3] 23/25 31121 33/6 DVD [1] 168/16 established (2] 108/23 142/13

0 69124 71/6 7411 7412 74/17 75/17 DWis fll 66/20 evaluate [1] 180/18 exercising (1] 179/12 75/20 76/2 76/23 76/23 78/1 85/5 even [29] 14/7 14/18 17/11 46/21 exhibit [56] 6/1 6/4 19/25 20/2

E

89/18 91/12 91/12 91/15 91/15 47/4 67/5 68/6 91/8 94/18 101/8 22/2 33/18 34/2 34/4 34/7 34/9 94/11 98/23 101/13 101115 104/20 e-mail (1] 152/8 101/23 103/20 105/11 106/9 34/13 40/7 40118 40/22 41/5 41/11 104/23 104/24 105/14 105/16 each [16] 4114 92/18 103/5 140/14 106/10 106/17117/3 121/19 42/12 42/20 46/3 4717 48/19 48/24

0 I 08/4 I 08/6 108/11 11119 111/12 168/7 168/21 168/23 169114 164/15 167/19 169/2 170113 173/2 49/2 49/6 49112 49/19 49/20 51110 111113 117/4 119/21 119/22 169115 171/21 175/17 175/19 174/16 175/9 175/15 175/18 176/8 52/23 53/9 53/14 53/24 54/1 54/6 121112 122/8 124124 132/11 175122 176/10180123 181119 179/25 54/lf 54/24 55/2556/18 74/3 139/11J 152117 159/8 159111 EARL [13] 2/10 7117 7/23 9114 Evening [1] 185/16 89/25 90/3 90111 93/23 99114

0 159117 161/7 163/8 167/18 168/20 11/1 124/5 129/2 129/21 129/23 event [1] 173/9 99/23 10011 107/8 127/12 128/23 169/8 170/7 17111 171/2 171/18 152/5 153/5 16116 176/16 eventually [4] 23/21 42/2 70/9 129/22 143/19 143/22 151/4 155/7 171/25 172/7 172/9 173/2 173/6 Earl's [2] 7/22 141/25 120/19 155/18 158/22 173/16 173/20 174/5 174/8 174/13 earlier (13] 32/7 34/24 41/8 47/14 ever [18] 70/11 72/6 119/7 125/16 exhibits (10] 6/3 16/3 16110 16112

D 174117176/5 176/6 178/14 180/20 55/15 56113 57/6 73/19 76116 133/12135/18 140/9 145118 147/4 19/15 41/3 48/6 48118 49/5 186/9 done (13] 9/7 24/9 50/21 68/17 97/24 14 5/7 I 54/24 15 8/4 162/20 162/2I 170/9170/12 172/9 existed (1] 19/2 69/I3 69/I6 69/17 72/8 103/11 early [1] 8/1 173/4 173/4 177/12 I80/10 existence [1] 18/23 I 72/2 172/3 174/2 174110 East [3] 1123 2/6 186/18 every (12] 24/5 55/12 66/23 66/24 exit [1] 55/10

Q door [3] 44/21 137/5 168120 easy [2] 28/4 46/21 66/24 99/2 168/8 I 68/21 168123 expect [1] 168120 doubt [32] 148/25 163/19 165/I5 economy [1] 100/20 174116 177110 181/20 expel [1] 173/5 0 ----- ~--- --------------------------

..

Demse C. Ph1Ihps, CSR D ]

7 State v David Duane Greer 11/14/12 Vol 4 generalized [2) 11/20 101/12 182/21 184/5 foggy [I] 140/18

E

generally [I) 7612 felonies [5] 77/7 119/25 120/3 fold [I] 37/22 experience [10) 16/24 28/12 fold-down [I) 37/22 gentlemen [IO) 22/8 76/12 86/1 120/4 120/4 100/10 151/21 160/6 161/23 !62/3 65/24 66/18 68/1 6917 99/1 165125 felony [6] 99/18 120/10 122111 folded [1) 117/18 folks [6] 54/21 63119 68/10 94/19 183/12184/21 166/13 178/6 138/12 138/13 170119 get (63) 19/4 23/15 23/25 24/1 experiences [2) 177/6 177/9 felt (2) 58/14 61/3 96/2 157111 follow (I9) 9/25 10/1 10/19 10/23 33/6 36/8 59/12 63/21 67/16 67/20

J expert [2) 717 2117 female [1) 93/18 11120 11/21 27/21 59/24 80/5 68/5 68/6 70/6 70/13 77/3 95/4 experts [I) 21/2 few (5) 119/23 129/17 137/11 101115 104/20105/14 105/16 expiration [2) 20/14 186/20 139/13 184/23 88/19 96/25 97/8 98/10 98/18 Ficke-[9]-5.1/-l-4c5'T/2Z"6112T61722 -98118-104/5 167/20 176/1176/14 11119 111/19 114/6 116/25 117/1 expired.[2)161/14 183/8 Explain (I) 50/11 bd/1" "Id.~G-=}4f-24='-1-5-5-!~t-57!23" follow-up [2) 27/21 80/5 _ 117/13 118/24 119/12 121/12

J

following [10) 1/14 10/2 1017 12/1 124/2 129/18 131/19 134/16 explained [I) 20/11 Ficke's .f-3-)-6~f!-4-89-i'l~/l) 136/10 138/15 139/24 140/5 140/5 exploration [1) 107/24 Fifteen (1) 161/11 13/9 14/21 97/10 98/15 114/5 exploratory [1) 106/19 167120 141/3 141/21 141/25 142/8 144/7 fifth (3) 20/15 76/21 76/22 148/21 152/4 152121 161/16 166/4 expose [1) 101/14 fight [3) 123/11 169/20 171/10 follows (7] 26/21 78/13 95/23 112/16144/3 154/13 157/8 166/15 166/24 167/18 169/5 !73/1 expression [1) 150/8 fighting [1) 124/18 173/13 174/1 174/11 174/17 175/9 extended [2) 37/11 37/23 file [1] 121/16 foot [1) 140/7 177/3 181/3 181/12184/25 185/4 extended-cab [1) 37/11 force [2) 27/12 79/12 filed (4) 16/9 I 00118 121/25 gets [9) 61/14 72/21 101/13 135/2 exterior [I) 42/7 184/14 forceful [1) 182/12

J 140/9 162/14 177/22 178/21 182/2 extra [4) 57/1 118119 128/9 171/6 fill [3) 57/21 62/23 72/21 Ford (7] 37/11 84/6 84/8 144122 getting [9] 32/20 34/23 37/10 extrinsic [2) 142121 143/3 filled [2] 61/22 155/8 166/11 166/12 166/14 43/16 83/24 115/11 134/10 147/7 eve Ill 158/13 foregoing [1] 186/5 final [5] 121/21 160/8 160/9 178/15 160/24 162/12 Foreperson [1) 184/12

F

forgot (3) 7/16 7/18 161/25 girl [1) 38/16

finality [1) 16411 face [1) 79119 finally [9] 81/9 99/9 99110 141/18 form [13) 6/12 36/19 62/22 62123 girlfriend [3) 23/1 179/25 182/23 facilitate [I] 32/20 72/21 89/25 90/3 153/12 153/22 give [7] 15/22 62/12 87/21 97/20 156/24 157/1 159/22 159/23 facing [I) 15I/12 111123 150/5 160/11 173/22 15 5/8 160/24 163/1 0 184/13 fact (24] 5311 53121 5711 66/14 find [29] 14/24 19/2 21/11 24/21 forward (3] 55/8 112/22 145/21 given [1] 168/19 75/21 88/9 9317 93117101/18 found [38] 36/21 3817 40/2 40/25 giving [1) 21/20 25/1 2517 2517 26/9 3 7/25 40/1 106/4 106/6108/13 109/15 109/17 46/2146/23 47/147/6 49/16 61/18 45/17 45/20 49/18 50/13 52/21 glasses [I] 169/13 118/5 119/11 134/15 137/25 glove [I] 37/2 69/8 70/S 105/6 133/11 I40/8 53/14 5417 64/3 65/9 68/21 69/9 163/10 165/12 !65/20 165/20 74/3 85/4 85/9 93/3 93/18 93/24 God (1] 168/19 153/18 165/12167/14 167/17 166/18 176/23 104/4 105/3 !05/5 110/16 133/7 God-given [I) 168/19 179/4 182/24 !83/9 184/3 facts (6) 106/I3 111/9 111120 finders [3) 163/10 165/12 165/20 133/16 134120 143/12 150/1 goes (8]· 52/23 SS/7 58/S 97/23 165113 167/14 178/23 105/23 I 08/24 111/5 172/21 finding [3] 110/24 158/21 167/12 153/19 154/24 155/3 155/19 fail [2) 169/2 169/16 going [125) 7/5 7121 8/3 9/16 10/2 fine (4) 9/2 17/10 153/17 161/10 156/14 172/11 173/14 175/1 fair (31] 33121 38/21 38125 43/20 fingerprint [2] 21/2 116/1 four [6] 79/9 103/20 143/7 143/8 10/13 10/25 12/3 12/4 14/4 14/17 48/13 5012 51/14 60/6 63/8 64/24 fingerprinted [2) 173/23 173/23 181/18 181/19 15/8 16/216/18 17/4 17/15 18/17 65113 66/21 70/7 71/14 72/2 72/4 fingerprinting [I] 46/9 frame [4] 25/16 55/20 55/22 18/18 18/19 18/2219/8 19/24 74/11 75/18 88/20 98/7 98/12 23/24 24/3 24/6 24/11 24/20 25/6 fingerprints [7] 21/1 46/12 46/20 99/21 98119 98/20 98/24 116117 I 17/23 46/21 47/6 166/2 173122 free [1] 185/3 25/10 25111 25117 25/19 25/23 120/22121117 138/6139/17 141/6 fire [7) 52/5 52/9 66/14 94113 fresh [1] 168/11 25/25 26/2 26/5 2617 26/8 33/13 fairly [3] SS/19 56/3 91/18 94/20 127/18 165/1 friendly (3] 92/17 92/17 131/13 33/17 34/23 35/5 35/13 36/3 36/8 _ ~irnes_s g) __6~/1_1 _1_?61] ___ - - firearm_[10]_9/20 __ 42/l3_66U3 _ _ front_[21) J2f_7_17/JU7/18 18/13_ 40/6.40117 _41/17__42ll _42/15 43/15 fall [1) 64/13

~. 95/6 164/6 I 6417 167/5 173/3 23/22 25/8 32/24 43/17 50/23 45/10 46/2 47/13 47/14 47/24 48/4 u

falls (1] 177/14 173/4 184/5 SS/17 SS/18 58/23 60/10 64/22 53/9 56/2 5617 71/5 73/23 80/11 familiar (3) 54/21 60/2 94/7 7117 76/2 76/3 109/8 151/12 80/23 83/17 84/25 85/14 86113 firearms (6] 28/16 28/17 50/1 familiarity [1) SOil 54/22 72/14 72/17 166/19179/10 89/4 89/18 90/16 91/2 93/12 93/20 far [15] 21116 21/21 SS/7 58/1 I 05/1 S I 06/1 106/2 107/2 110/20 fired [2) 94/17 173/S full (5) 37/20 47/16 70/5 70114 58/17 62/14 65/17 91/4 91/6 104/S firing [I] 55/8 159/6 111/24 113/9 113/20 113/21 115/5 110112 113125 138/4 156/9 161/3 firm (3) 169/8 169/11 175/19 full-sized [1] 37/20 120125 121/6 123/8 123/22 125/4 fast (2) 58110 145/21 first (19] 2017 26/14 26/21 37/15 function [1] 95/3 133/S 134/15 136/10 13717 137111 feasible [1) 62/2 48/4 49/6 73/16 78/13 81/6 95123 functioning (1] 167/15 140/17142/5 143/21144/20 February [31) 12/18 22/24 25/15 96/S 112/16 120/3 125/16 157/8 further [I5] 34/18 48/22 90/6 145121 150/2 150/6 150/25 152/2 27/9 28/19 43/2 69/13 79/21 82/10 162/13 162/2016817 175/25 9017 95113 9916 99/13 110/19 152/12 152/15 15317 154/3 155/6 99121 113/6 113/16 116/13 117/22 first~hand [I] 81/6 141/13 143/24 151/19 156/23 158121 162/3 163/12 166/4 16617 120/9 120125 121/25 123/1 135123 fit[6) 52/3 52!4 5712 65/5 93/18 i5912i IS6/9 1S6/11 - 166124 167/4 169/5 171/25 173/12 137114 139/6 140/11 147/17 173/lS 174/4 174/20 174/25 175/23 179/9

G

148/16157/16 !63/18 164/lS fits [1) 94/21 181/10 181/12 167/9 172/1 173123 181/15 five [4) 20/14 25/17 164/1 167/11 Galveston (7] 120/8 120/14 gone (3) 80/4 171/4 172/16 Federal (2) 72/20 72/21 120/16 122/4 122/16 138/12 five-year [I) 167/11 good [12) 7/3 7/4 26/2 26/24 77/1 feedback [I] 184/25 170/19 82/9 96/1 110125 111/2 121/12 fixing [1) 153/21 feel [I] 167112 garments (I) 117/15 131/13 171/22 flip [2) 82/19 !84/1 feels [I] 25/5 gasping [1) 91/13 got [60) 8/20 917 12/6 12/20 !2/21 Flipping [1) 155/11 felon [14) 9/19 25/12 25121 26/4 gave (2) 86/13 I 64/25 flowery (2] 128/9 182/7 13/15 13/18 13/19 19/21 21/16 117/12 133/21 134/24 163/23 general [4) 11/22 12/13 15/15 32/11 45/1 4617 10514 105/15 focus (1] 10/4 167/10 169119 169/24 174/22 focusing (2] 62/13 68/13 178116 105/24 105/25 107/5 109/17

T .. Demse C. Phillips, CSR d--- --- J

8 J State v David Duane Greer 11/14112 Vol 4 Hillbilly's [10] 132/14 134/5 133/24 134/4 134/4 134/6 134/6 90/9 95/23 98/6 112/16 127/5

G

134/6 134/8 134/20 135/2 135/20 131117 131/20 133/24 134/20 135/25 136/9 137/15 137/22 139/2 135/21 135/24;135/25 13611 136/5 144/3 149/13 154/13 157/8 142/15 170/22170122 got. .. (41] 1!1111113/19 114/6 him [109] 7/119/231011510/17 114/24 121/4 122113 122/13 12317 136/6 136/9 136/11 136/20 137/19 he'd [2] 25/17 129115 137/20 138/1 139/2 139/2 139/24 he's [21] 7/9 9115 10/6 11124 12/5 10/19 10/22 12/3 12/6 1217 14/21 123/23 126111 127/4 127/15 18/1 29/5 29/6 76/15 89/18 I 02/24 15/9 18/5 2017 21/2 26/2 26/3 29/4 128/11 128/12 128/15 128/15 139/24 140/10 140/13 140122 109/1109/2109/3111116131/11 32/14 43/8 58/23 59112 76/8 76/15 129113 131/17 136/5 137/3 141/20 140/24 142117 142/19 143/10

J 141/24145/8 147/8 147110 151/22 146/20 146/20 147/5 14717 147/8 145/3 145/5 174/22 174/25 183/4 79/17 82/6 96/18 96/18 96/25 head (7] 86/9 122/15 122/21 96/25 97/8 98/17 98/20 98/21 152113 163/3 167/20 168/10 147/10 147/10 147/16 147/18 171/10 172/5 173/3 173/17 173/17 .147/20 147/21 147/24.14811 148/2 123/3130/.12 131/12134/12 102/2 102/2 102l14 102/15 102/19 hear [15] 7/24 24/19 24/21 25/10 108/16 108/16 108/22 112/25 174/2117917 180122 180/+4 148/5 148/20 148/20 148/21 25/19 25/23 26/5 75/6 77/3 102/11 11311113/23114/5114/6117/9 182/11 182/21 149/20 150/18 150/19 154/24 149/10 150/15 150/16 160/9 117113 118/4 119/12 119/17 gotten (1] 120/16 156/14 156115 164/22 165/10 119/18 123/2 124/8 124114 124114 grab [3] 114/2 114/9 114112 166/2 166/22 167/9 167/19 170/2 162112 129/11 130/21 131/3 131/15 grabbed [12] 114/1 114/2 114/8 170110 170/12 170/13 170115 heard [8] 74/23 150/15 164/17 114/10 114/10 115110 115/13 165/19 166/20 166/20 166/23 131/20 131/24 13217 132/8 132/11 170/15 170/16171/12 172/10 116/20117114 140/12 140/23 132/12 132/13 132/19 13417 134/8 172/14 172/15 172/18 172/23 171/8 173/1 17317 173/10 173/22 174/4 hearing [5] 8/3 16/17 17/5 106/25 134/9 134/15 134/17 135/1 135/2 141/1 135/9 135/13 135/15 135/25 !36/1 grabbing [1] 166/11 175/4 175/4 179/20 179/20 179/22 121/21 grabs [1] 171/10 181/10 181/11 181/11 181116 hearsay [9] 16/15 16/2018/18 136/4 136/6 136/9 138/16 139/23 181/22 182/4 182/5 182/5 182122 18/19 19/6 80115 85/24 87/5 140/3 140/10 142/1 143/9 146/4 gram [1] 120/6 152/5 15817 159/3 159/9 164/14 Granberry [1] 2/11 182/24 103/20 GRAY [20] 2110 2/11 16/8 17/21 gunpoint [2] 33/1 33/5 heat[3] 114/11 116/23 124/19 165/1 165/3 167121 167/21 174/20 175/4 179/5 180/8180/16181116 26/10 57113 74/9 87/12 93/2 97/13 guns [1] 72/17 heated [1] 123/9 181117 182/4 183/5 183/10 112/7 112/13 112/18 127/11 guy [7] 8/25 96/16 131/11 140/8 heavier [2] 39/21 ~9/24 137/10 147115 156/2 159/16 168/1 142/25 158/6 182/21 heavy [2] 25/6 61/3 his [82] 7/21 8/25 9/22 10/22 1118 168/6 heck [2] 149/25 15011 12/1 13/24 14/18 23/1 25/9 25/9 guy's [1] 11/7 !!UVS J4f 43/4 113/21 119/14 121/1 held [2] 1/15 1117 25/21 25/21 25/22 56/14 71/18 GREER [57] 1/8 8/6 20/9 20/11 22115 23/1 23/4 23/6 28/24 29/1 H help [4] 11/19 28/23 153/11 183/5 71/21 72/2 73/9 79/19 86/19 86/20 29/20 31/2 31/9 36/14 38/11 62/20 helped [1] 172/7 97/9 98/19 99/16 118/3 118/9 67/20 69/10 71/17 72/24 72/25 habitation [2] 13/5 13/13 127/12 127/15 127/22 129/4 helping [2] 3311 157/19 73/7 74/25 75/9 76/17 80118 81/10 hair [1] 65/2 her [71] 24/23 26/6 39/10 47/16 129/11 129/13 130/20 131/4 81/24 83/3 86114 86/16 86/22 87/9 hairs [1] 138/4 71/6 71/14 83/14 83/19 83/19 132/11 135/19135/21 135/24 87/14 88/4 88/9 90/20 92/4 96/17 half[2] 78/23 79/14 136/1 140/9 146/7 146/8 146/10 83/25 84/5 84/6 84/6 84/7 84/8 hallway [1] 125114 146/11 148/11 148/12 149/22 98/6 98/25 99/1 112/23 119/7 84/9 85/19 85/21 86/5 86/5 86/9 128/15145/2157/20 163/22 hammer [3] )5/5 55/7 67/12 90113 90/17 91/3 9114 91/4 91/6 163/6 164/1 164/25 165/3 165/4 hand [11] 20/9 22/9 25/8 45/13 165/6 165/10 174/21 178/24 164/12 164/18 165/10 166/16 91/12 92/7 92/15 93/19 93/20 167/8 167/18 183/4 183/5 184/4 81/6 89/4 162/2 165/10177/18 141/21141121142/1142/15 178/25 179/1 179/2 179/2 179/5 Greer's [10] 23/7 72/1 146/20 185/2 186/13 142/18 142/19143/7 143/13 179/14'179/20 179/21 179/21 147/19 147122 147/23 151/7 handcuffed [1] 59/18 146/22 146/24 146/25 147/2 147/5 179/22 179/22 179/23 179/25 151/12 164/25 181/22 handcuffs [8] 1217 59/9 104112 148/4 148/6 148/14 148/16 149/8 180/1 180/1 180/10 180/25 181/1 Grimes [1) 25/13 113/10 113/14 138/22 170/20 150/8 150/15 150/16 166/20 18111 181/16 182/22 182/22 grounds [I] 11118 174/23 166/21 166/21 166/23 171/2 17115 182/23 183/7 183/7 . g1J.C:~[2_1] ~/4.l21JQ .2.8/§ 5_8/9 - hande_ljJl] _54{~ .... 17J/8J71llO_L73/U731l418116 _ hold [3].8/19_167/21J67/2L .

-. 58/17 58/20 59/8 60/16 61/4 61/22 handle [2] 67/12 119/7 181/10 181/13 181/18 182/l holding [3] 45/4 45/6 45/21 64/3 64113 67/4 71/4 72/11 87/14 handled [3] 70/5 88/16 170/9 182/23 182/24 183/1 hole (1] 119/19 90/20 96/21 98/8 115/25 118/22. hands [2] 67/9 140/9 here (42] 8/25 9/14 10/1 10/7 holes [1] 55/2 148/16156/21 173/5 happen [10] 8/14 51/6 63/23 11/21 14/21 25/10 29/2 29/6 36/8 home [2] 123/21 123/22 guilt[5) 11114 11119 77113 167/12 63/24 106/3 113/18 116/14 135/8 41/15 43/13 43/15 44/3 44/6 44/22 honest [1] 25/24 167/17 139/5 166/7 45/5 51/18 54/19 55/23 55/23 honor [7] 9/19 41/12 109/20 guilt/innocence [1] 77/13 happened [20] 8/7 10/11 13/22 162/19 162/21 183/23 184/8 63/15 66/2 89/12 I 06/3 1 07/19 guilty [8] 7/20 22/17 22/18 26/9 14/5 32/10 32/22 33/22 80/6 82/5 I 09/11 109/25 118/16 127/12 Honorable [1] 1/16 153119176111 183/10 184/4 121/3 137/3 138/18 143/14 145/8 141121 150/25 153/14 162/19 hood [1] 37/2 gun (169] 14/18 25/7 26/6 45/20 163119 163/25 164/2 165/17 182/3 162/23 164110175/12 175/15 hoody [1] 128/12 53/21 54/7 61/4 61/5 63/21 64/20 happening (1] 140/17 . 46/4 46/22 47/2 49/2 50/9 51/5 183/7 178/21 179/7 181/4 185/4 hopefully [2] 152/20 160/11

hqp!ng m ! 62/22 hereby [1] 186/5 67/6 68/21 69/25 70/9 70/18 70/19 happens [S] ·35/8 84/17 84/18 herself[l] 171/3 house [2] 117/2 123/12 71/21 71/25 72/2 72/5 72/8 73/7 166/7 176/25 hesitation [1] 125/24 Houston [1] 21/2 73/9 74/3 85/9 85/11 85/15 85/18 happy [1] 98/14 how [48] 11118 19/2 22/15 27/5 Hey [2] 170/21 174/23 86/24 87/8 90/21 94/12 95/9 106/1 hard [5] 42/21 45/5 75/23 124/17 hidden [1] 82/17 2717 28/2 28/6 29/24 35/2 35/3 114/2 114/10 115/15 116/4 116/7 153/18 hide [1] 124/8 36/16 36/17 46/17 54/23 58/10 116/9 119/7 119/10 119/18 123/16 harm [1] 104/10 high [1) 169/10 58/17 75/6 75/6 78/19 78/22 79/1 123/20 124/2 124/24 125/3 125/7 hasn't [1] 111115 higher [1) 169/11 79/8 79113 81/1 82/21 86/7 88/16 126/14 126/24 127/5 129/22 130/2 have [234] 94/6 94/9 I 03/3 I 03/3 I 03/4 I 08/4 highest [ 1] 169/10 130/3 130/16131/2 132/18 132/20 haven't [4] 62/12 109/17 150/9 Hillbilly [9] 132/9 132/12 132/13 111114 111/20 111121 112/25 132121132/21 133/7 133/10 170/4 134/10134/15 136/10 137117 113/2 115/8 127/22 136/4 152/11 133/11 133/12 133/16 133/19 having [17) 7/24 26/21 36/7 78/13 166/24 181/12 161/5 165/16169113 177/1 177/22

r~-- ·--------------------------·----·---- --~-~:~~e ~~~ilhp_: cs_~---------·- - ----------------------------------- .. 9 J State v David Duane Greer 11114112 Vol 4 17/24 24/9 24/10 24/18 25/5 3 5/18 171/6 172/15 173/2 173/4 174/11 173/20 186/6

H

35/20 36/3 36/12 36115 36117 174/13 175/4 175113 175114 Including [1] 28/16 l- 175/15175/16177/8 177/20 36/20 36/25 37/5 3717 38/5 38/6 how ... [1] 182/1 incredibly [2] 152115 152115 178/10 178/13 178/23 178/24 however [2] 13/4 20/22 39/16 48/15 57115 57/19 57/20 incriminating [1] I 06/19 57/22 59/23 61/13 62/1 62/6 6311 179/1 179/5 179/5179/17 179/17 huge [1] 140/25 INDEX (5] 3/1 411 511 5/11 6/1 180/25 18111 182/19 182/25 183/6 84/21 84/22 84/24 88/15 88/22 huh [51 18/821/4 21/13 85/22 indicate [4] 98/11 137113 140/1

l

89/6 8917 89/25 90/3 104/1 104/2 18317

132/6 148/15 item [2] 140/14170/4 indicated [19] 1112 20/25 2115 104/3 104/6 104/16 105/2 105/3 hurts Ill 70/6 items [27] 36/4 36/20 37/13 37/25 105/4 105/13 105/15 105/15 59/22 6112 61/12 61/21 64/18

I

105/19 105/20 105/23 106/2 106/5 38/2 38/22 39/'7 39/13 48/10 60/17

66/IJ69/3-70/23 74110 87113

60/25 61/13 104/4 105/3 105/5 I'd [3] 20/6 54/3 175/25 10112 13911 147/18 149/8 170/25 106/8 106/14 106/18 107/23 J 107/23 11113 14119 154/23 155/2 105/16 105/24 106/3 114/1 114114 I'll [19) 8/12 8/20 911 15/22 51/11 174/10 114/18 114/22 115/4 115/10 54/25 57/8 73/12 7417 76/6 7617 15517 155/9 156/13 158/1 158/6 indicating [6) 42/22 43/13 44/3 126/21 141110 171/17 79/21 87/5 93/22 133/6 153/8 45/2 55/9 55/24 158/10172/4173/21 155/24 159114 159/20 inventory-type [1] 59/23 its [3) 60/21 I00/5 142/4 indications [1) 65116

u itself [91 25/4 42/5 70/9 70/18 I'm [86) 10/1 10/2 1017 10/13 inventorying [31 44/I6 47/18 indicted [3] 12/21 13/1913/21 75115 77/25 95/5 109115 180121 ll/21 14/21 16/9 18/18 18/21 171/18 indicting [1] 44119 18/22 19/8 25/25 26/8 27/3 27/16 indictment'[Sl 22113 22/14 22/16 investigate [1] 110/19

J

33/13 33/17 34/22 38/6 40/6 40/17 99/19 184/5 Investigated [1) 84/1 jack [1] 24/24 41/17 43/12 44/22 45/1 45/6 46/2. individual [15] 8/2 23/1 29/2 investigating (2] 85/16 85/20

u jacket (166] 6/10 25/3 25/4 25/4 46/24 48/4 53/9 56/2 78/20 81/20 99/17102/12 I08/20 108/22 investigation [71 27/16 27/19 25/8 25/9 25/22 39/3 39/I7 39/25 89/4 9417 96/3 96/10 97/23 98/3 108/25 109113 110/5 110/5 110/14 27/22 29/22 9317 93/8 93/9 40/10 4115 41117 4I/22 41124 42/6 98/11 98/12 108112 I 11/24 118/14 I I 8/1 144/21 144/24 investigations [21 80/5 165/25

4317 4511 45/6 45/2I 46/4 4817 124/6 124/21 124/21 124/22 125/1 individuals [4] 1817 23/10 28/23 investigative [1] 110/1 ~ 56/17 56/21 56/23 56!24 57 /I 57/6 125/4 12517 126/22 136/2 136/8 investigator [33] 27/3 27/24 144/13 29/12 44/10 75/8 75/13 78/20 7917 60/21 60/25 6113 71125 72/1 73/15 13717 140/9 144/20 145/21 147/25 inform (1] 11017 73/20 82/I 8 83/I 85/10 85/11 I 49/17 149/25 150/2 I 5017 150/25 informant [191 80110 87118 87/19 80/2 81119 10112 109/14 111113 131/10 132/17 133/5 I33/I5 134/3 85/13 85/15 85/18 85/20 85/21 152/2 15317153/17 153/21 155/6 87/22 88/8 91/23 91/24 92/3

~ 135/18 137/2 137112138/5 138/19 86/17 86/24 90119 90/21 9113 9114 157113 157113 158121 159/1 162/3 101113 101115 101117 102/19 91117 91118114/11 115/5115/6 162/22 163112 163/13 168/4 168/5 10317 103/11 108/3 108/15 108/20 139/10142114 154/22 157/13 158/1 158/10 158/20 165/3 172/12 11519 118/6 118/18 119/1 119/2 169/5 171119 171123 176/2 176/13 109110111111 123/16 127/2 127/12 127/13 179/9 184/21 information [17] 19/3 21/9 61/8 I72/25

J 127i22 128/2 128/5 128/6 12817 I've [16) 9/14 27/9 41118 51110 investigators [3] 27/20 141/9 751775/8 8116 88/3 101/3 101/25 54/5 58116 63/23 65/24 77/6 10715 10817109110111/23119/9147/1 16516 128/8 128/9 128/11 128/12 128/16 128/22 128/22 129/4 129/11 130/2 122/13 122113 141124 152/13 involved [21 29/24 81/23 150/5 153/12165/11 130/21 13114 131/23 132/1 132115 162/8 162/21 infraction [11 10110 Iraq [2] . 163/2 163/3

J ,,! 132/18 133/8 133/12 133/16 134/5 idea [41 130116 130/25 136/20 initial [6] 1617 18/2 18/3 69112 is [457) 152/21 134/5 13611 137113 137/15 140/13 82/5 108/3 isn't (5] 104/13 104/13 162/23 140/22 140/24 142/14 144/19 identifiable [21 47/2 10118 initially [4] 14917 150/17172112 166/3 175/3 identification [5] 33/18 4017 145/19 146/5 146/9 146/10 146/15 175/22 issue [12] 61115 10017 103/25 147/25 147/25 149/8 149/9 149110 40/18 48/5 51110 104/5 104111 142/16 169/18 initiated [11 23/8

u identified [I4] 29/9 31/16 31118 149/12 149/13 149116 149/20 innocence [3] 11/19 77113 163/6 169/19 I69/25 175/4 179/10 149/21 149/22 149/22 149/24 47/12 101/19102/21108/13 innocent [1] 176/4 179/10 . inquisitoriaL[2] __ 163/3_163.!4 _ -·-- issued.[l] . .22/2L _____ .:_ _ _149/25_1 50/Ll50.!6.J 511_7 154/24 I 08/24 10911 109/2 109/3 109/3

· 1<i9713To9716 ------------ inside [6] 42/5 44/20 44/24 ~ - - - issues [4] 7/24 20/25 108/2 138/16 155/18 156/4 156/14 158/23 159/2 159118 164/14 164/17 164/18 identify [4] 75/24 102/2 102/15 It'll [1] 79/4 155/19 156115 159/5 108/16 it's [133] 9/16 10/25 11/22 11/22 164/19 164/20 164/21 164/23 instruct [21 10/17 10/19 identifYing [2) 6117 173/18 12113 14/17 15/8 15/12 I5/15 16/8 164/25 165/3 165/5 165/5 165/6 instructed [1] 9/23 16/15 16/24 17/8 17/9 17/9 19/23 166/16 166118 166/19 170121 III [1] 1/16 ... instructions [21 1'85/8 I85/10

~ illegal [9] 52/18 53/4 100/23 19/24 23/927/20 35/8 37111 37/12 170/23 171/3 17116171/14 171119 intend [3] 10/5 10/9 77/23 172/8 172/10 172/11 172/19 107/25 130/16 13111 133/24 37/21 37/22 41118 41/20 4217 intends [11 9/17 42/21 43/24 45/4 4617 46/9 46/23 172/20 172/20 17212 I 172/22 149/19 149/20 intent [1] 10/4 image [1] 180/21 47/3 49/23 50116 50117 50/20 55/1 179/21 179/21 179/23 179/23 intention [41 101/14 113/21

~ 55/5 6111 61/25 63/19 64/14 65/25 180/10 18111 181/2 I82/8 182111 immediate [2) 91/4 181/13 116116 119/21 immediately [81 23/19 32112 91/9 intentionally [2] 164/6 170/1 182/22 66/13 69/22 70/5 77116 78/17 S.Y.H>. 84Ll58.4/17 84/L8 24124 133/18 145/8 166/23 182/23 185/3 inteJ"_t:Sti!Jg [I] 172/19 jac~ets ltl 43/482/!7 118/9 impact [2] 55/9 55/22 118/12 118/13 171/1 in~erior [4] 42/8 60/4 60116 76/4 9511 95117 95/17 9617 98/19 impeach [3] 7717 142/22 14311 101/14 103/3 104115 105/17 jail [29] 9/21 10/6 12/3 12/5 12/15 interrogation [1] 1 i/11

J important (2] 176/20 176/21 13/12 13/18 13/1914/16 15/23 interview [3] 88/1 93/20 182/3 105/22 105123 106/24 106/25 in-car [I) 144/11 24/3 35/6 96/14 96/22 97/4 97/9 interviewing [2) 93/11 93/13 107/24 111/17 115/18 120/22 in-depth [I) 27/22 124/17 126/2 128/14 133/14 134/6 120/20 122/1 122116 136117 137/3 intoxicated [2] 63111 63/11 inadmissible Ill 14/12 134/6 134/8 142/13 144/1 145/2 139/6 139/15 139121 142/20 introduce [6] 9/18 10/5 26/25

~ incarcerated [21 12118 15/9 148/15 148/16.167/20 17311 78/16 96/1 157111 147/23 148111 149121 149/22 incident [4) 12/24 15/23 104/8 149/22 150/14 151/2151/3 152/25 jailer [1] '10112 introducing [I] 17/13 104/20 153/15 163/21 164/3 164/15 165/4 January [1) 79/4 inventoried [ 1] 59/6

] include [2] 36/22 77/9 165/8 166/6 166/11 167/2 168/14 Jason [4] 5/21 157/3 15717 157113 inventories [1) 105/5 included [4) 143/23 156/20 jeans [16] 4917 49/13 49115 49/19 inventory [73) 6/12 6113 16/8 168/14 169110 169/10 169/11

.. Demse C. Philltps, CSR ~ ----- -------·- ------------------------- -----·---------·----~--------·--·------- ------··- ----------------------------- --,-----~--~------------·-- ] 0 10 State v David Duane Greer 11/14112 Vol 4 49/1 54/3 54/5 54/22 55/19 60/10 173/5 173/6173/16 174/8 174/12 137112 138/5 138119 13911 139110

J

62/11 65/1 70/6 71/17 73115 75/6 174/13 174/13 174/20 175/8 142/9 142/12 142/14 142/18 143/9 0 175/10 175111 175111 176/6 17617 144/2 144/6 165/3 166/21 172113 jeans ... [I2] 50/4 51/16 51/23 82/17 84/14 86/8 90117 92/17 172/25 181/6 181/15 181115 52114 52/20 64/4 65/9 93/4 93118 92/18 92/20 94/4 98/9 98/13 10017 177/15 177123 178/6 178/20 181121 93/23 10517 1 73/14 101/11 102123 103/2 103/15 104/6 178/21 179113 179/17 179/19 179/21 179/23 179/24 180/11 LEE (I] 2/5 jigsaw [3] 180/20 182/16 182/17 104119 105/25 107/22 108/10

D 180112 180113 182/6 182/8 182/10 left [IO] 46/10 96/17 105/1 114/3 job [6] 175114 175/16 175117 108/10 112/22 114/8 114111 117/3 117/5145118161116161117 176/22 182/15 182116 114/17115113115/19116/24 182112 181123 Jones[I]2111 116/25 116/25 117/15 117120 knowing (I] 117/9 121/6 12117 124/5 124/14.130/10 knowingly [3] 164/5 170/2 17012 legal [2] 118/23 171/4 judge [125] 1117 7/4 7/5 7/16 7/25

0 legally [I] 110/8 8115 8/16 9/4 9/10 10/25 11/17 136/24 137111 137/23 140/6 14111 knowledge [I4] 60/15 74/18 14115 144/8 144/20 148/1 149113 74/21 74/24 84/4 88/9 89/21 89/22 length [2] 56/4 94/24 12/17 13/3 13/6 14/1 14/8 14/10 14124 15/6 15/19 15/20 15/24 16/2 117/25 149/19 150/5 156/11 lengthy [I] 168/9 149/18 149/21 150114 151/11 less [5] 120/5 12417 152/16 16/14 16/2217/3 17/21 18/17 152/8 153/17158/1415917 159/18 178/18 179/18 165/2 165115 170/4 174/22175/6 known [IO] 67/16 101124 102114 170113 170/17 19/16 19/19 20/6 21/24 22/22

D let [23) 22/9 38/4 46/3 46115 26/19 29/8 33/15 34/1 34/9 34/12 175/9 176/1 177/19177125 182/17 108/20 108/21 108/24 109/13 46/24 49/24 63/12 77/23 80/21 34/20 40/4 41/2 41/8 42/15 42/18 109/15 11017 11 0/8 ·ustice ril 167/15 knows (4) 108/21 129/4 129/4 84/17 8717101/16113/5115/4 45125 48/2 53/25 57/9 57/11 62/9

K

120/18 121/6 121/9 123/19 127/3 73112 7617 7811 78/9 80115 85/24 12917 0 132/8 139/9 152/5 184/21 86/25 87/10 89/2 89/24 90/5 90/7 keep [6] 23/20 53/2 72/16 118/4 L 118/13 119118 let's [22) 37/15 57/20 76111 90117 92/21 95/13 99/6 99112 I 0017 L-A-K-E-S-H [I) 1119 100/10 114/8 120/3 142/8 15211 100/14 100117 100122 101121 keeping (1) 158/13 102/23 I 03/21 103/24 103/25 keeps(!) 17111 L-A-K-E-T-H (1] 9617 154/5 160110 161/21 163/17

0 L-E-D-E-S-M-A (1] 78/18 163/20165/22170/6 176118 104/18 105/24 106/12 106116 Kenneth (I] 72/25 lab [4) 67/1 67/15 68/2 68/2 177/24178/1 178/2 178/3 183119 106/24 107119 107121 108/18 kept [2) 52/23 80/6 111/6 112/3112/8 112/14 115/2 key [1) 67/11 lack [I) 27/24 level [I) 28/3 kidnapped [3) 116/10 140/5 ladies [10) 22/8 76/11 86/1 100/10 levels [1) 169/4 121/20 127/8 13717 141113 141/16

0 151/21 160/6 161123 162/3 183/11 liability (2) 61/15 172/5 141/21142/3 142/6142/11 143/18 173/9 184/20 liability-type [I] 61/15 144/7147113 151/18 152/13 kidnapping [4] 116/13 131110 Lakesh [2) 1118 95/17 license [3] 6118 I 0217 I 02/9 152/19 153/1 153/10 153/22 139/11 148/25 153/25 154/20 156/23 157/6 kind (41) 10/12 1917 23/22 25/1 Laketh [5] 5/17 95/16 95/17 lie [16) 13113 138/3 176/19 178/8

0 95/22 96/6 178/9 178/12 178/13 178117 158/18 160/16 160119 161/3 25/5 30/4 30/19 30/21 32/4 32/8 161/10 161113 161/15 161116 32/19 33/2 34/23 37/11 37/16 land [I) 169/10 178/20 180/5 180/6 180/8 180/9 161/19163/4163/9 167114 16812 37/25 38/1 42/214317 43/22 44/23 Langley [1] 8/16 180/17 182/13 182/14 46/8 49/1 54122 54/24 62/13 66110 large [11) 25/2 37/12 39/2 57/1 lied [7) 179/23 180/12 180/14 177/9 68/16 68/25 69/23 77/8 82/12 86/8 70124 70/25 91118 108/8 118/19 judges [4) 163/11 165/20 165/21 180/14 180/14 181/l 182/22

0 166/25 9517 112/22 114115 130110 138/16 170/25 17116 lies [1) 180/16 judging [I) 177/11 158/13 159110 178/23 larger [2) 118/12 170/25 life [4] 46/17 177/6 177110 178/6 last [7] 11/7 69117 70/10 72/12 Judgment [IJ 20/23 kinds (1] 38/2 lift [1] 46/11 86/1 116/2 162/14 judicial [2) 1/8 100119 knew [I6) 23/10 23114 93/17 lifted [I] 61/3

0 117/12 130/25 13117132/20 late [I) 15/4 lights [5] 23116 23/20 32/12 14417 jump [I) 37/22 jumpsuit [I) 1217 132/21 134123 135/1 135/4 136/4 latent [2] 69/9 70/5 164/13 149/11 172/22 172/23 183/3 later [I2] 1114 20/1 34/15 511I1 junction [I] 100/21 like [72) 10/10 12/20 20/6 2116 ~'!i~I~U~!l§?L~ ____ J36illJ42/1'U4JL1_'! 1351n jurors [1) 176114 --- _23/~_24/5 24/22 24/24..27119 . .29115.

0 ·- - ju,.Y[79]17lTI278 157f816Jf know [I48) 11/21 12/4 12/13 14/3 146/23 150/18 172/25 182/3 29/15 31/23 32/13 35/21 35/24 16/116/11 16/15 16118 17/18 14118 15/11 15/12 17/13 18/1 Jaw [13) 24/5 49/25 59/19 6317 36112 3711 37/3 37/9 37117 37/20 18/17 21/20 29/1 37/9 42/21 43/21 100118 103/22 104/14 108/23 18/13 19/14 21111 22/3 22/6 22/10 39/1145/8 46/22 47115 47/18 49/1 45/4 53/10 57118 58/12 59/22 60/5 109119 110/9110/14 162/4 177/19 50123 51/5 54/4 59/13 61/8 66/9 25116 26/25 27/17 35/3 37/8 49/3

0 50112 50120 50/24 56/13 64/23 61/2 61/21 6312 63/6 64/2 64/8 laying [2] 3917 39/12 66111 71/13 7317 73/19 74/23 76/8 6617 66/13 66/14 66117 67/5 68/13 laymen's [I) 54/23 76113 78/3 78/6 78116 87/1 96/2 82/11 82/17 82/17 84/14 85/23 97/19 99/19 100/8 100/9 100112 70/23 7116 72/5 7217 72/8 75/18 lead [2) 32/11 119/9 89/13 91113 98112101117114115 109/9112/1112/5123/13123/15 75119 76/18 81/1 82/19 91115 learned [I] 17817 115/12 116/23 119111 124/18

0 12411 124/23130115 130/19 91115 92/10 94/6 94/8 94/11 96/18 least [IO] 29/23 29/25 65/18 67114 126116 126/17 126/24 130/9 141/1 134/23 135/22 151125 153/24 98/3 102114 102/24 102/25 103/1 67/20 70/14 75/24 93/19 117/25 145/5 149/25 159/5 162/22 162/23 15417 154/24157112 158/4 160/12 103/5 10317 103/18 104/14 104/19 150113 165115 171/5 174/22 177/5 177/9 107122 10817 108/11 109/9 111112 leather [7] 6/10 25/3 39/3 146/5 160/25 161/22 162119 162/20 177115 182/17 184/22 184/25 162/21 163/916717 167113 168/9 1 III13 111120 111121 112/23 146/9 164121 164/23 liked [I] 111/5

0 175/23 177/517717 183/12 183/14 112125117/4119/11122/3123/16 leave [S) 2417 117/2 168/20 likely [3] 65/5 67/8 16917 183/15 183/16 183/20 183/22 129/3 129/22 130/1 134/1 134/5 176/20 185/3 limit [3) 14/1 14/6 3711 184/3 18417 184/16 184123 185/6 138111 138/13 140111 144/24 led [2] 1617 56124 limited [I] 1417 185112 Ledesma [53] 5/14 5/16 44/10 149/24 150/9 150113 150/18 limiting [I] 1412 jury's [2) 11/3 43/21 156113 159/17 159119 163/21 44/11 71/5 73/23 74/1 74/4 75/8 line [I] 95/4

D just (106] 7/6 9/1 1116 12/9 14/23 163/22 163/25 164/2 164/6 164119 75/13 78/9 78/12 78/17 10112 link (2] 68/9 87/24 15/6 15111 15/11 15/15 18113 164/22 164/23 165/2 165/16 168/8 101/22 108/21 108/21 109/14 linking [I] 10113 18114 18114 19/1 19/1 21/19 2417 169/10 169118 170/2 17111 17112 111/13 127/21 131/6 13117 132/14 Lisa [I] 8/11 31/5 32/4 35/4 36/3 37/23 38/2 171/2 17116 171118 171/22 171/25 132117 133/5 133/15 134/3 135/19 list [8] 29/22 36/4 61/13 61118

O 3917 4217 43/22 43/24 44/23 46/4 172/8 172/9 172/9 172/10 172/14 135/21 135/24 136/5 136/25 137/3 104/4 105/4 156/13 156/15 D ---- ---- ---- --- -- --~---- -------- .. Demse C. Phillips, CSR - - ----- ~---- - - - - - - - - - - - - - - - - - - - - - - - - - ------ ------ - - - - - - - - - - - · - ----- - ----- -- -- -- -- 0 0

11 State v David Duane Greer 11114112 Vol 4 morning (6] 7/3 7/4 26/24 96/1 members [2] 26/25 29/21

L

M 154/17 185/14 memories (1] 168117 0-- M-C-K-1-N-N-E-Y (1] 1119 memory (3] 30/1 140/14 140/15 most (3] 38/14 94/16 171/22 listed (3] 36/21 99/18 156/15 listen (4] 181/6 18119 181/14 machine (1] 1/19 men's (2] 25/2 70/25 mostly (1] 83/5 183/1 mad (7] 113/23 114/12 115/12 mentioned (3] 60/5 71116 92/6 mother (2] 129/13 164/25 motion (11] 16/9 16/21 18115 listing (2] 87/24 104/2 116/25 119112 140/16 14112 mere [1] 98/9

0 19/13 34/19 100118 100121 111/24 literally (4] 24/10 45/19 158/7 made [9] 32/2 34/24 36/11 91/14 merely [1] 108/14 165/23 123/25 124/2 145/11 155/11 message (1] 167/18 121/16121117121125 motive [3] I06/6 106/10 I 06/11 little (31] 23/20 38/16 39/21 46/23 181/20 met (2] 163/1 170/4 mouth (l] 99/2 50117 55/8 55/19 57/2158112 magical [1] . 176/24 meta1[1] 37/18

0 61/11 65/6 70/17 74/11 90/12 magistrate [2] 103/19 I 03/21 methamphetamine (2] 25/13 move [2] 163/20 166/6 90/17108/12114/8116/11118/17 mail (1] 152/8 99/18 movement (1] 33/22 moving [1] 17/22 121/8 133/1 14116 144/20 145/21 Main [1] 2/11 middle [1] 35/4 Mr (56] 8/5 16/8 20/9 22/15 22/23 · 161/24164/13 165/10 168/5 179/9 majority (1] 127/2 midst (1] 19/21

0 180123 182117 . 23/4 23/6 23/7 26/10 26/23 3119 make (23] 21117 21119 21/21 might [6] 11/2 12/5 88/4 91114 live [3] 115/18 !40/6 1'73114 24/10 26/10 30/21 35/3 35/8 41118 91114 106/9 36/14 57/13 62/20 72/24 73/14 50/20 59/17 6311 87/2 I 04/19 74/9 74/25 75/9 76/17 78/15 86/14 Lived [1] 135/15 mind [14] 50/19 98/19 119/20 86/16 86/22 87/12 87/14 88/4 88/9 lives (2] 177/1 178/7 115/17 121122 127/11 136/2 130/20 130/20 130121 135/6 living [7] 27/2 96/9 118/25 119/15 149/23 161/25 162/15 170/23 140/18 16117 163/19 167/6 168/11 91122 93/2 95/25 96117 97/13 98/6

D 177/2 169123 176/10 98/25 99/1 112/13 112118122/25 119/18 123/1 12312 127/11 128/15 137/10 144/5 loaded [5] 41119 41120 53/14 makes [1] 63/7 mine (3] 114/21 115/24 182/25 making [5] 36/3 80/7 109/16 minute [16] 911 49/24 73/22 147/15 150/24154/10 154/15 53117 55/25 110/8 174115 76/11 100/10 123/15 124/5 127/10 156/2 157110 159/16 162/9 162/16 loading (1] 64/23

0 locate [2) 30/5 81/9 male [1) 108/8 129/3 129/21 129/24 133/6 134/23 162/17168/1 168/6 176/15 Mr. [6] 17/21 20/11 34/22 38/11 located [7) 18/9 23/6 30/15 30/17 malfunction (1) 95/5 160/10 176116 179/7 60/17 61/5 8!118 man [2] 176/4 179112 minutes [8) 9/5 43/22 152/16 90/20 112/7 Mr. Gray (2] 17/21 112/7 location [6] 35/10 60/21 92/4 man's [1] 99/2 161/4 167/25 181123 184115

0 118/24 156/4 156/8 management [2) 170/3 179/13 184123 Mr. Greer [3) 20/11 38/11 90/20 locations (2] 32/3 80/4 many (8] 28/6 29/24 29/25 I 03/3 Miranda [1] 83/14 Mr. Young [1) 34/22 103/3 103/4 108/4 152111 Ms (32) 23/4 23/6 24/2 29/20 30/6 locked [I] 115116 .miscellaneous [1] 105/6 March [2] 12/19 173/24 30/20.31/9 31/16 33/10 38/11 lone (1) 179/10 misdemeanors [4] 77/9 120/1

0 long [52) 13/23 27/5 27/7 28/2 Marine (2] 162/24 162/25 120/2 122/11' 38/12 38/18 38/23 39/10 43/17 44/5 44/9 47/15 47/24 52/20 56/25 35122 49/23 50/13 50/16 50/17 marked [16) 19/24 23/17 23/17 misfire (1] 95/5 51/4 51/5 52/11 55/15 55/16 56/2 29/16 30/2 31123 32/7 33/18 40/7 missing [2] 24/14 63/2 57/3 57/6 75/9 82/21 83/7 83/11 40/17 48/5 51/10 58/II 93/22 83/14 83/18 83/21 85/16 86/22 64/10 64/10 64/14 64/19 65/5 mixed [1] 39110 65/19 65/25 78/22 79/1 79/8 79/13 107/9 151/1 mom (2] 127115 180/2 Ms. (1] 38/16

0 94/3 94/4 94/5 94/8 94/9 94/10 markings [3) 65/16 82/18 173118 moment [7] 45/20 114/12 116/24 Ms. Campbell [I) 38116 94110 94113 94/17 94/21 104/9 match [3) 68/3 68/5 68/6 124/19 135/4 136/4 183/3 much [14) 9/6 12/11 65/2 72/16 I 05/9 105/9 I 08/24 113/2 129/15 matched [1] 69/10 momentarily [1) 15/20 94/9 116/3 117/8 124/7 139/14 134/16 141120 150/14 156/19 matches (1] 174/11 156/19 158/15 185/5 185/7 185/11 moments (1] 82/5

0 15611916115 166/24 173/15 matching [1) 102/6 money [1] 103/5 murder (1) 66/20 · 173/16 181/12 matter (4] 9/11 67/23 100/13 must [2) 111/7169/16 Monishia [57) 5/13 16/5 2311 longer (2) 122/9 185/9 185/6 23/18 24/21 25/24 26/3 26/4 26/5 my (59) 10/4 14/17 16/8 16/24

0 -- 1Qng!i..nL9~lO_~-~ __ -~ _ .. ~ . ~ !JlaUers[!] J51/ll~ _ . ~ ______ .. 28/24 A9/1.0 5.1/23_52/1152/18. ~ .21/1 27/J 30/1.65/24_73/7 18/17 ... look (22] 8121 41/4 44/24 54/4 may (42] 7/9 33/14 40/3 40/5 53/4 63/15 67/20 7111 71/7 73/15 89/21 96/17 10113 101/14102/25 66/8 85/3 86/8 91/11 97/20 112/22 41112 41/14 45/24 48/1 54/15 73/23 74/5 80118 81115 81/24 83/3 104/9107/4108/7111114114/2 115/25 11611 140/4 152/5 169/14 54/21 58118 62/9 63/10 63/12 115/9116/16118/22119/21 83/6 85/1 85/3 90/24 92/6 93/13 178/20 180119 180121 180/24 67/24 7115 74/22 74/22 75/22 8911 101/4110/6112/8112/15112/21 120114 12116 125/5 126/21 126/22

0 18211 182116182/19 92/2194/20 95/3 98/8102/14 144/16 146/19 151/6 155/20 12711 127/2 127/2 130/5 130/5 looked [7) 32/13 37/9 62/12 71/13 106/6 106/11 106/18 115/2 118/16 157/20164/17 164/23 166/15 131/10133/19134/4 134/4 134/4 101/23 118/15 141/9 121/19 121125 12717 144/7 154/19 170/12174/7 174/22 175/8 176/3 134/6 134/6 134/8 136/1 138/11 looking (13] 23/3 23/14 31/17 158/17 168/2 172/4173/13 173/24 179/1 179/25 180/14 180/16 181/3 138/12 140118 140119 140119 35/25 37/10 44/4 80/13 80/16

0 175/9 186/13 181/3 181/7 140/25 149/21 150/17 165/5 170/9 80/19 94/4 115/19 150/8 153/6 maybe (11) 13/9 15/14 46/23 Monishia's (5) 90/13 142112 171/4 172115 175/3 175/14 175/16 looks [4] 45/8 89/13 101/17 145/5 94/25 138/4 152/21 173/11 175/8 174/12 174/16 180/7 186/13 lose (2] 176/21 176/23 175/9 175/9 182/2 month (2] 12/2~ 69/13 1Jiyself(9) 8/13 58/3 8()/2 81/19 lot [21] 8/6 24118 28110 28/12 McKinney [5] 5117 1119 95/16 months [6] 13/20 96/21 120115 89111 99/16107/3 118/14 144/16

~ 35122 37113 38/3 43/4 43/21 60/9 95/22 96/3 129/17 129/18 139/22

N

63/7 65/24124/17136/10 139/16 mean (26] 8/20 12/5 15/13 19/1 Montoya (1] 162/9 140117 148/24 163/1 163/1 163/2 31/23 35/20 35/21 56/3 98/24 name (9] 11/7 11/8 27/1 78/17 moral (3] 77/8 119/25 122/12 163/14 I 02/24 103/4 I 06/17 106/25 moral-turpitude-type [1] 122/12 87/21 96/5 101/8 112/19 132/11

0 loud [1] 17116 108/10114/11 118/10129/10 more [21] 7/23 27/22 38/3 44/22 named (2] 28/24 136/15 loved (2) 63/19 135/13 130/2 137/25 138/3 140115 140/15 70/4 70/5 86/8 105/8 I 08112 Narcotics [2] 27/12 79/11 low [1] 110/22 140/25 143/2149/11 170/18 110/23 118/22 124/6 133/1 150/8 nature (5] 58/10 59/2 63/20 65/17 LP (1) 108110 means [3) 27117 99/3 163/4 152/11 152/14 15411 154/3 163/8 95/8

0

I

lunch (2) 142/7 152/3 meant (1] 86/4 neatly [1] 117/18 169/6 181/7 lying (3) 178/13 180/3 181/25 measure [1) 94111 necessarily (1] 98/24 Moreover (2] 109/19 110/13 . '

fl Demse C. Philhps, CSR -bl~-----··-- ------~---~-~----------~--------------------. ------- ----- -~---- ---- --------------~·----~ ---- ------·--- -- n ....... 0

12

State v David Duane Greer 11114112 Vol 4 185/11 110/19126/20157/18164/10 46/4 48/14 49/9 50/17 5117 51/15 0-, 1-N------------lnowhere (I) 105/5 · 165/23 170/14 170/18 171/17 52/10 53/20 55/16 55/18 56/19 need [I8) 7/6 8/21 17/1 54/24 number [9) 2115 23/2 23/16 36/22 171121 171/22 57/21 61/23 62/23 72/21 78/3 78/5 84/16 84/19103/1 107/10 11118 10119 102/8 102/9 141/20 141/23 officers' [I) 171120 80/4 82/19 99/2 106/1 108/15 116/9119/23141/21141/23160/8 numbered 121 1/1618617 official (5] 1/22I62/9186/4 110/17112/1112/4117/1117/5 173/25174/1174/2180/17 186/13186/17 118/1118/23118/25119/19

0 0 needed [8) 9/2510/23 87/25 often [I) 20/22 11911912017121/19123/11 96/25 97/8 113/23 121/5 142/19 o'clock [I] 185/13 oh (9) 73/22 98/11 129/2 147/25 125/14 126/17 126/:24 127/5 neither [I] 8/13 oath [6) 76/15 112/12 154/10 149/25 150/1 172/15 180/9 182/2 128/23 133/11 135/18 135/19 never [12) 13/17 66/10 73/.6 175/22176113 176114 141/3.143/12153/24.154/6155/8 okay~[285] ~

0 108/13147/18 147121 148/2 object [7] 11/17 16/15 18/191917 once (IO) 31115 31118 34/23 34/23 158/14 159/6 160/25 161/21 162/2 170112170115 170/16173/6 142/13142/21 161/9 54/25 84/17 84/18 85/11 143/12 163110164/12164/14164116 177119 objection [30) 8/15 11/2 15/16 177/2 170/1917114 178/2 178/14 182/24 new[I] 55113 15/2219/920/434/5 34/1034/19 one[63) 9/1710/241111816/18 183/6183117183/19185/4

0 next (9) 43/21 78/8 95/15 99/11 48/21 48/22 54/9 54/10 80115 18/10 20/18 20/21 21/1 24/20 25/1 outlined [I] 99/21 114/5 134/9142/2 16617 180/22 85/24 85/25 86/25 90/5 9016 9017 28/8 28/9 30/1 30/6 32/23 38/4 outside [4) 16/17 19113 100/8

NFL [1) 162/22

100/2 10711 107/13 129/6 143/24 38/6 39/2 39/2I 5115 51122 55/24 I66/I3 nice [3) I31/11 173118 184/24 143/25 156/25 160/20 I60/21 56/2 63/3 63/19 72/21 89/19 92/I6 outstanding (5) 75/11 80/20 no (225) 160/23 99/17 10017 102112 103/22 106/I4 80/24 81/1 83/9

0 No. [4) 1/3 33/19 42/13 74/4 objections [3) 8/23 4117 9011 107/5 107/9115/5 115/10 117/15 outweigh [2) 14/13 14/14 No. IO (1) 74/4 objections to [I) 90/1 119/3 119/4 122/17 143/6 148/8 outweighed [I) 15/1 No.ll (1) 42/13 . objective [4) 178/12 178119180/4 I55/12 155/12 156/18 156/20 outweighs (I] 12/11 No. I2-03324-CRF-272 [I) 1/3 180/15 157/18 160/8 168/8 169/2 169115 over [38] 9/21 29/6 29/15 31/21

0 No.3 [I) 33/19 observe [I] 145/18 169/16 171/21 175/13 176/19 32/14 32/16 32/24 3617 43/13 46/8 nobody (1) 34/24 observed [1) 141/8 176/20179/16 179/17 179/17 58/2 71/10 74/25 75/6 85/3 102/2 nobody's [I] 104/25 obviously [8) 28110 55/5 76/2 180/20 180/22 183/2 102119 108/17 109/19 111/8 11317 Nods (5] 122/15 123/3 130/12 76/3 9411 102/13 129/3 137/2 one-page (1] 72/21 11417 114/24 117121 120/15 12111

0 131112 134/12 occasion (4) 10/16 28/22 29/18 ones (1) 38/6 - 126/12 127/4 152/2 155/11 160/8 Noise [I) 17/14 96/24 ongoing (1) 98/21 161123 166/6 171/9 178/23 179/13 none [3) 98/15 165/18 178/24 occupants [4) 59/17 75/23 75/23 only [2I] 12/23 16/3 16/11 I6/13 184/1 184/11 nonsensical (1] 177/20 75/24 18/IO I9/13 50/I4 68/9 77/I2 over-sized (1]. 7I/IO Noon [I] 153/3 occur [1) 27/22 93/18 10112I I07/4 I08/5 I09/I2 overrule [1) 19/8

0 normally [2) 29/I4 I25/9 occurred [2] I3/I6 I8617 110/4 110/22 I39/13 I64/20 overruled (3) 15/17 129/9 143/17 Nos [4) 41/5 41111 48/19 48/24 occurring (1) 20/13 165/16 179/20 179/Z.2 oversized [2). 91/18 118/18 nose [1] 55/21 off(14) 8/12 9/9 46112 55/10 67/1 open [6) 44/21 54/3 75/19 81/6 own [3) 24/15 106/20 147/2

.. not [253) 67/I5 68/2 68/25 72/10 72/22 117/6 18617 owned [4) 85/16 85/20 86/16 0 noted [2) 22/19 29/10 103121 140/8 140/8 145/5 opened (1) 44/24 170/23 / . - nothing [12) 35/8 63/2 95/13 99/6 Off-the-record [I) 9/9 opening (3) 22/20 22/23 26/11 owner [3) 62/2 72/6 86/23 133/24 149/12 149/14 149/19 offense [19) 12/25 13/16 14116 operating [1) 36/23 ownership (5] 137/19 138/4 156123 159121 16517 172/23 15114 16/6 20/13 25/14 66/24 opportunities [1] 63118 142/17146/5 172113

0 notice [5) 39/19 41/24 43/4 44/6 69/13 99/20 99/22 100/24 100/24 opportunity [4) 4114 60/14 62/13 owning [1] 147/5 owns iii 2317 4617 120/10 120/23 139118 153/19 160/18 . noticed [1) 39/23 163/25 17113 opposed (2) 28/3 56/25 p

__ N~v~_m~_!:_l~]_ 1Q:!_3/~ 41]. _JlJ. 61?__ !!_ffens!~HL 1~]0 2712J _________ !!P!!!!.l_!_Ul MtZ._ _ _ -~ __ 0 7/2 offer [I2] 16/2 34/1 41/2 48117 orange [I) 1217 p.m [I] 79/25 now [118] 10/3 11/3'13/1216/20 53/24 89/25 90/199/13106/25 order[3) 14/11177/16184/14 packed [I] 117/18 19/17 19/20 22/12 22/20 25/23 107/3 107114 143/22 original (I) 72/6 packet (I] 20/24 29/11 30/4 33/13 35/5 36/24 38/4 offered [11) 6/4 16/13 20/3 34/4 originally (2) 12/18 13/15 packing [3) 12317 123113 124/1

0 40/17 41/17 41/24 43/1144/3 44/6 41/6 48/20 54/2 90/4 99/24 143/19 other (40) I0/1II2/16I5/9I8/20 page [6] 3/3 4/3 5/3 72/2I 153/14 44/15 44/15 45/13 45/23 46/3 4617 186/10 2I/16 24/5 24/25 32/23 34/19 184/1 47/13 48/25 49/15 49/24 50/4 5119 offering (4) 16/10 17/20 18/12 36/12 39/22 4117 46/11 53/21 paid (2] 186112 186112 52113 53/9 53/21 55115 56/2 56/13 19/25 60/24 60/25 6117 67/23 74/22 80/5 paid/will (1) 186/12 56117 57/25 58/8 59/5 59/22 61/2 office [22) 7/10 13/10 18/6 23/3 80/5 92/4 92/18 10617 110/5 pair [6) 4917 49113 49/15 51/16

0 61/11 61/21 62/25 64/8 65/1 6617 23/21 24/5 27/4 27/14 32/19 35/11 115/25 119/23 120/16 139/17 64/4 93/4 51119 59/24 69119 78/21 78/22 66117 66/23 68/16 68/19 68/24 140/25 147/1 148/9 151122 159/6 pants [2) 43/1 145/6 69112 69/21 70/9 70/23 72/24 7411 79/6.80/1 8017 88/19 105/11 159110 164/20 169/1 182/3 185/2 paragraphs [I) 21/15 74110 81/16 81/23 82/10 83/2 8317 157/14 157/16 186/6 ·parents [:i] 63/20 179/1 83/17 84/4 84/I6 85/2 85/14 86/12 officer [28] 9/23 9/24 10115 16/16 others (I) 38/25 parole (5) 11124 12/1 I2/25 20/20

LJ 87113 90/16 97/10 98/5 109/1 18119 19/2 20/20 28/5 6112161/25 otherwise (3) 2617 105/24 178/12 20/21 113/16116116116/20117/25 74/1474/1578/24791196/396/10 our[8) 9/I810/517/482/I690/8 part[4] 46/996/22104/15169/24 118/5 118/25 121/19 122/20 96112 102/12 102/14 I03/2 136115 100117 177/1 178110 partial [3) 46/23 68/6 70/14

0 123115 123/20 124/5 126/2 128/1 144/12 151115 173/3 173/15 ourselves [I] 66/5 participate (3) 28/22 37/5 88/15 129/21 134/313717 137/25 139/1 174/10 174/23 17511 out (94] 12/20 12/2013/18 15/18 participated [I] 3717 141/4142/6143/21144/13144118 officer's [2) 69/24173111 18/518/619/22111122/3 22/5 particular[28) 9/141112212/16 145/4 145/21 14917 15116 152/11 officers [24) 18/20 23/25 24/9 23/3 23/25 24/1 2417 25/13 29114 12/24 14/16 29/18 30/6 64/20 65/5

0

15317 153122162/21 169/4 170117 24113 24117 30/3 33/6 35/13 36112 29/19 30/19 33/6 37/3 39/12 40110 66/4 67/6 68/9 69/9 70/3 83/22

171117172/217217176/13178116 46/1174/22100/25104/2110/4 40/1440/2142/242/445/1045/20 88/488/989/994/2095/9101/6

_Q ~~- ______ _ ___ -~~---~-~------~~------~--- __ D~en~Is~e~c __ ~Ph~i~_ips_, ~~~--------~ -~----~-~~--~-----~-----------------~ ________ __ 13 State v David Duane Greer 11114/12 Vol 4 173/17 182/20 175/8 175/10 175114 175115 176/7 181118 1-p-----------ipictures (5) 25/3 60/15 60/16 175/16 probation [7) 120/10 120/18 particular ... [7] 105/4 109/21 92/23 171/19 possessing (1) 164/6 121/11 121115 122/3 138/13 130110 147/16 148/20 156/7 piece (5) 67/5 70/4 149/18 169114 possession [19) 9/20 25/13 25/21 170/19 163116 180/20 86/24 87/4 87/8 99/18 120/5 164/5 probative [8) 12111 13/25 14/12 parties (7) 7/23 8/18/234/12 pieces (6) 37117 46/23105/25 167/2170/1170/5177/17177/17 1411414/1514/2515/215/7

0 99115 186/6186/10 165/11 180/23 182/17 177/18 179/8 179/10 179/17 184/4 probative/prejudice (1) 13/25 partners (1) 79115 pile (1) 117/15 possibilities [1) 124/22 problem [7) 8/20 12/2 56/7 59119 pass (22) 57/8 73/12 74/7 76/6 pin (1) 55/8 possibility [6) 21/14 115/12 101/7 173/16 175/11 76/7 87110_91/20 92/19 95/12 pistoL(22)_25/7 25/22 40/2141/6 _ 121116124/13 140/23.141/1 problems (1) 36/.7 97111 99/5 122/23 137/8 141/12 41/17 45/17 48/9 50/14 64/23 66/8 possible [15) 59/11 60/24 61/1 Procedurally [1) 36/17

D 147113 150/22 151118 155/24 66/9 66/14 69/4 94/20 94/25 95/2 65/18 65/21 66/25 67114 67/19 procedure [3) 35/6105/3 106118 156/22159/14 159/20184/10 115/18116/18116/20116/22 70113 92/4 9811140121 174/11 proceed [2) 121/25168/2 passenger (7) 23119 37/1 37/12 117/4 179113 175/13 179/25 proceedings [5) 1/15 1/18 143116

0 43/12 43/18 63/12 164/16 pistols [2) 94/14 94/19 potential (3] 59/18 67/8 67/23 186/6 186/9 passenger's [4) 44/19 44/21 156/7 place [5] 12/3 23/5 64/19 114/13 potentially [7) 67/5 67/7 68110 process [2) 20/24 46/9 158/5 162110 69/23 70/13 101110 117/6 prohibitive [1] 14/9 past[5] 103/11 109/18 110116 placed (11] 13116 63/16 112/11 powder [1] 46/8 pronounce [1) 96/5 119/22124121 113/10113/14114/2121/11 power [1) 37/17 proof(7] 109/23169/5 169/21

0 patrol [16] 28/3 29116 30/2 31/20 140/22 141/4 162/8 170/20 precisely [5) 60/20 60/22 105/8 173/2 177/25 178/3 178/17 31/22 71/4 71/8 84/10 90/25 91/1 places (1] 32/15 116/21117/4 proper (4] 52/8 95/4100/20 138/24 141/5 144/12 145/25 plan [1] 19/25 prefers [1] 103/22 184114 151/12170/21 planned [1] 117/17 prejudice [2] 12/11 13/25 properly [1] 95/3

0 pause [3] 9/3 12611 162/1 play (4] 118/16 163/8 168/16 prejudicial [5] 12/4 14/2 14/13 property [6] 24/14 24/15 35/7 peace [2] 78/24 79/1 178/4 15/2 15/8 35/19 36/13 115/9 pending [6] 12/25 103/8 121/4 playing [6] 144/10 146/13 146117 preparation [1) 186/11 pros [2] 20/12 77/2 121/5 121/20149/5 151/10151/17 178/17 prepare [1] 57/17 prosecute [1) 177116

0 penitentiary [1] 20/24 plea (3] 7/21 22/18 121121 prepared (2) 89/19 160/8 prosecuted [1] 13117 people [11] 24/15 24/15 29/15 plead (1] 22115 preponderance [1] 169/6 Prosecution [1] 57/25 3Jil7 47/4 110/10 16311 175/25 please [11] 26/25 29/4 96/2 presence [4] 16/17 19/13 50/20 prosecutor [13] 8/16 60/5 61/12 176/1917817178/8 157112168/21 176/20 177/6 100/8 64/2 66/7 68/19 69/3 90114118116

0 percent [6] 25/25 169/7 171/1 183/12 183/24 184/2 184/11 present (4] 36/5 77/24 141/8 147/17 147/22150/10 163/5 171/14175/17 179/24 pocket [10] 25/8 40/2 41/23 41/25 157/18 Prosecutor's [1] 71/16 perception [1] 176/24 42/5 48/8 48/8 49/15 130/10 presentation [2) 100115 160/7 prosecutors (1] 168/14 performed [3] 72/10 74118 74/20 164/22 presented [2] 22/14 91/3 prostitution (1] 122/13

0 period [1) 70/19 pockets [5) 25/6 39/25 40/1 45/11 preserve [1] 35/7 protect [4] 36114 36/14 172/5 Permission [1] 34/8 47/19 preserved [1) 69/25 180/16 person [28) 20/21 29/1 63/13 point [38] 10/13 13/22 21117 29/4 preserving [1) 70/20 protection [4] 116111 140/10 68/14 71/18 71/21 87/25 88/1 30/4 33/9 38/4 39/2 43/16 44/16 Presiding [1] 1/17 142/19 148/21 101/8 101/10101/19 108/4 108/6 45/9 56119 57/9 58/15 58/21 73/24 presumptive [1) 110/8 protects [2] 24113 24/14

0

109/4 109116 109/16 109/18 110/8 85/2 89/24 90/2 98/13 98/14 99/12 presumptively [4) 108/25 109/14 protruded (1] 65/2

111/12111115111119111/21 100/17113/21120/23123/25 110/9110/14 prove[8] 20/1820/19142/22 111122118/11 149/15 149/23 124/2 132/23 133/21 134/19 pretext (1] 106/18 163/6 168/22 168/23 175/15 163/5 177/19 135/17 140121141114 142113 pret!)' (13) 9/1_? 72/1f!___ 791_1U2L9_ __172{)] __ _ _

0 perso-n's[l]35/7 --- ---- --- 1"437i8-14Sil7Ii5ti8i76i14- -- i"i6i3-fl7/SI24f7145/9145/14 proven (2) 103111109/18 personal [5) 65/25 74/21 74/24 pointed [3] 33/7 55/11 109/20 149/3 15116 152/25 158/15 proves [1] 166/1 88/8 166112 points [2] 21/5 2118 prevent [1] 90/8 provide [1] 92/3

g personally [3] 66/16 8113 8115 poking (1] 42/4 previously (10] 34/2 34/10 41/3 provided [1] 34/2 persons [1] 76/4 police (13] 28/5 31/23 32/11 92/7 110115 112/11 143/19 144/3 public (1] 24/7 petite [2] 38117 118/11 113/7126/20 128/15 131/4 138/17 154/13 173/8 publish [2] 34/8 42/16 Petraeus [I] 178/16 142/24I64/10 170/18174/22 primarily (4] 59/15 60/10 60/11 published (1] 42/20 Phillips [3] 1/22 186/4 186/16 179/4 63/19 publishing [1) 34/13 phone [3] 80/10 1011914I/23 policies (1] 37/1 primary (2] 106/9 106/10 pull [12] 29/15 31/20 32/14 55/4

0 photo [2] 65/12 172/3 policy [17] 6/13 24/5 24/8 35/12 print [7] 717 8/25 21/8 69/9 70/6 55112 102119 106/1 108117 111/8 photograph [8] 6/7 617 6/8 6/8 35/17 59/24 60/2 88/19 104/6 70/14 70/14 152/9 159/6 164/11 6/9 6/9 48/9 48/9 105/2 105/11 106117 106/20 printed [3] 70/10 70/11 153113 pulled [21] 32/15 40/10 40/14 photographing [1) 48/14 106/25 I07/7 107/21 111/4 priiitirig (l] 69/12 46/21 45/9 45/:20 53/20 58/2 74/24

0 photographs[3] 24/1948/19 polled [1] 184/7 prints [6] 47/247/947/1169/5 102/2113/7114/7114/24117/21 48/25 ponytail [1] 29/7 69/8 69/24 120/14 121/1 126/12 127/4 159/2 physical [I] 85119 poor (1] 105/19 prior (14] 20/13 20114 25/17 159/2 171/9 picl{ [6] 25/435/9 39/17 84/12 popped [I] 164113 32/16 60/4 60/17 88/7 88/13 88/14 pulling [3] 32/24 32/24 58/23

0 105116180/20 portion [1] 14/7 93/1193/13 99118129/15 151/7 pulls (1] 23/22 picked (4] 36/6 39/19 127/1 168/9 portions (2] 143/20 186/5 priors (1] 7/21 purchased [I] 174/7 picking [2) 105/17 175/23 position (2] 52/9 55/6 probable [3] 109/24 109/25 169/6 purpose [9] 16/9 17/13 31/21 pickup [5] 23/7 23/8 3111 37/12 possess [2] 52/19 170/2 probably [15) 7/10 26/2 26/5 61/12 104/3 105/10 178111 178119

0 48/10 possessed [11] 167/5 167/8 29/22 29/23 29/25 30/1 65/7 13311 180/15 picture (5] 94/4 105/8 172/6 170/12 170/13 170115 173/10 140/23 150/10152/15 170/22 purposes (16] 16/2 16110 16/13

0~----- _________________________ __:>en~=·-~hillips~-=SR ____________________ _ 0 0 ^[14] State v David Duane Greer 11/14112 Vol ^[4] reliable (16) 92/1 101112 102/22 revoke (2] 121/5 121117 126/16 126123 127/5 128/21 p 128/23 131/3 148/25 149/15 17317 102/24 103/3 103/7 103/12 108/6 revoked (3] 120/19 121/2 12211 D-~ ! revolver [4] 40/2 54/23 115/22 purposes ... [13] 18113 18114 178111 178/17 178/19 180/4 180/8 108125 109/14 109/18 110/9 ^[115123] 1811519/1220/133/18401740/18 180/9 180/10 110/14 110/16 111/16 111117 relive (1] 119/22 revolvers [1] 95/2 48/5 51/10 99/14 109/10 143/21 reasonable [25] 110/3 110/4 purse [2] 24/22 38/19 rely [1] 106/10 rewind [2] 144/20 145/12 110/18 110122 110/25 11117

0 165/14 167/8 168/22 168/24 169/5 relying [21 10917 10919 Ricardo (5] 5114 5116 78/12 78/17 pursuant (4] 24/4 34114 111/3 16919 169/16 169/22 173/11 174/6 remain [1] 184/23 144/2 143/19 Rick [10] 44/11 78/9 131/6 131/7 174/17175/18176/1 176/11178/1 remains [1] 106/4 purview [1] 8711 132114 135/24 136/5 142/9 166/21 put [241 -7/-14 -12/'7 34/14 4211 · - 1"78/1178/6·180/11·182/6- · remember [41] 8/5·8/6 3 7/17

0 ^[181120] 46/4 50116 51/4 51/11 52/1 55/6 reasons [3] 106/7 106/14 172/4 37/21 60/20 75/17 75/20 82/10 82/13 82/21 84/11 124/1 7 124/22 ride (31 126117 136116 136/19 106/2114/22116/21117/4118/3 rebuttal [31 4/10 142/6 152/14 riding [1] 58/1 12617 126/20 130/10 140/6 140/14 recall [12] 76/8 76/10 91112 124/24 125/2 125/11 125/12 rifle [20] 49/23 50/13 50/16 5115 165/22171114 180123 182/15 116/21 117/5 141122 142/9 154/9 125/13 125/19 125/20 126/19

0 129123 131/15 131119 132/19 55/15 56/3 64/10 64/15 64/19 putting [11 180/19 156/3 158/20171/14 171/24 65125 94/4 94/5 94110 94/13 94/17 puzzle [4) 180/20180/20 182/16 received (8] 75/8 80/10 8116 134/16 136/16 136/16 136/21 95/1 105/9156/19173/15 173/17 ^[182118] 86/22 87/13 88/3 10113 184/14 139/8 140/18 140/19 140/20 156/12 165/12 165/15 166/13 right (247] receiving [21 8817 109/4

Q

right-hand (1] 25/8 recently [2] 6217 118/22 168/13 168/21171112 175/25

0 quadruple [II 19/6 remove [3] 24/1 35/10 159/10 rights [3] 83/15 83/15 83119 recess [31 76/14 153/3'185/16 quality [1] 7017 recognize [11] 31/3 3115 40/8 removes [1] 21114 rip [1] 41125 quarterback [1] 162/22 Rene [3] 5/13 112/15 112/21 ripped [1] 42/7 40/19 48/6 51112 96/18 115/5 question [18] 30/13 42/12 46/25 ripping [1] 37/3 rephrase [1) 84/17 115/8 115/19 144/12

0 9117 91/8 98/9 11111 126/22 rise [ 1] 183/24 recognized [1] 23/14 replace (1] 12/6 road [3] 24/4 35/5 181122 129/10 13P/20 135/6 149/17 recollection [1] 133/2 replacement [1] 36/8 149/21178/8 178/24 179/3 179/16 record [20) 1/1 7115 7/18 7/25 8/4 report [11] 9/15 57/17 61/12 roadside [2] 135/18 181115 61/13 61123 62/5 62/6 89/13 97/17 roadway [1] 31120 ^[18117] 919 1116 16/2 16/10 16/13 18114

0 roll [1 I 145/14 questions [7] 20/7 90/14 92/20 29/8 34/15 108/19 110111 112120 97/18 97/25 rolling [1] 145/13 119/23 141114 146/4151119 reported [21 1/18 186/8 122/9 186/7 186/9 186/11 quick [61 7/15 80/21 92/20 145/9 reporter [61 1/22 92/25 123/4 roof(!] 45/18 recorded [4] 97/14 97/15 146/2 153/8 154/4 room [61 100/10 162/10 167/7 151/13 130/13 186/4 186/17

0 quicker [11 20/23 recording [41 33/21 126/3 126/4 REPORTER'S [41 1/1 18617 177/3 183/12 184123. quite [21 20/22 57/3 186/9 186/11 rotate [6] 51/8 52/8 55/13 55/21 168/16 quote [1] 125/20 records [4] 71117 72/17 75/10 reporting (11 17717 55/22 64/24

0 \ rotates [1 I 55/6 JquotilllLlll ^[12417] represent [1] 9/16 97/22 rotation [1] 95/4 recover (21 39/2 159/3 represented [21 7/19 8/1 R recovered [1 I 159/5 request [21 69/18 183/15 round [4] 50/14 50115 5519 55/13 R-1-C-A-R-D-0 (11 78/18 RECROSS [2] 74/8 9311 requested [1] 186/6 rounds [21 52/5 54/6 raise [2] 20/8 22/8 RECROSS-EXAMINATION [21 required [3) 109/19 109/23 110/2 rule [2) 104/6 176/1 range [1) 178/4 requires [1) 162/4 rules [25] 9/25 10/1 1 0/2 10/8 0' 74/8 93/1 Ranger [91 3111 37/12 84/6 84/8 recuse [1] 8/13 Reserve [1] 26/12 1 0/20 1 0/23 11120 11121 12/1 85/8 144122 166/11 166112 166/14 residue [1] 46/10 red [2] 82/25 128/9 13/10 14/9 14/22 97/1 97/8 97/10 respective [1 I 186/10 rape (21 116113 148/25 redacted (1] 143/21 98/10 98/16 98/18 98/18 167/19 raped [2J_H0/5_173/9 _ _ _ __ - -~· -167/20 -167/2H76/25-1 77/1-1 7"7/l redirect [6]--73/-13 9lf2.1 137/9 -- responded-[!} 9/24- -

-D -

reach (2] 45/14 104/14 response [10) 10/1 10/22 86/19 run [3) 7/10 10117 174/5 143113 150123 182/2 reached (11 183/22 refer [1] 132/8 9ll4 97/3 9717 97/9 I 08/18 113/24 running [2] 15/22 175/12 · reaching [1] 104/16 RYAN (5] 2/4 163/14 165/15 reference [2] 89/8 155111 ^[14617] read [71 9/15 99/19 160/9 162/4 referenced (1 I ^[109122] responsibility (3) 166/22 172/14 166/5 167117

0 s 162/5 162/7 184/2 referencing [2) 11125 10717 173/12 reading [II 22/12 referring (21 15/12 137/17 rest [7] 3917 39/12 74/11 100/3 ready (131 15/18 15/1915/25 17/1 S-H [1] 95/18 reflect [2] 7/25 29/9 126/8 142/3 160/3 22/3 53/17 78/2 112/1 153/23 sadly [11 166/3 reflects [1] 186/9 rested [41 100/5 100/14 142/4

0 153/24 160113 160/25 183/17 safe (21 94/21 98/8 refresh [1) 168/16 160/4 real (181 7115 46/17 80/21 98/14 safekeeping (1] 45/18 refused [2] 9/24 13/9 rests [11 100/4 106/2210812134/21 135/1 135/2 regard [1] 38/18 result [21 72/9 174/6 safety [1] 117/23 168/9 169/25 170119 183/3 183/4 regarding [11 34/13 resulted (1] 7/20 said [761 8!12 17/21 18/20 28/5

18314 183/4 I 83/4-184/24

regards [6] 18/20 20/16 46/20 resulting [1] 11113 29/11 33/5 34/24 49/25 49/25 50/4 0 realize [2) 25/5 177/11 resume (1] 151122 5114 55115 56/13 56/23 73/9 73/19 51/3 52/13 59/25 realized (11 7/21

registered [31 ~2/25 179/J.~ retire [1) 183/12 74/3 80/11 83/17 85/15 86113 really [19] 15/12 59/11 65115 retired [6) 76/13 100/12 151125 86120 90/16 91/2 93/12 93/20 reinstate [11 121/6 65/16 72/20 75/20 82/4 101117 related [1] 6317 160112 183/14 185/12 97/21 11111 111/12111/16113/20

0 104/8 105/17124117 127111 relationship [8) 31/10 31111 retrieved [1] 156/18 115112116/23119/12121/4123/6 133/11 133/13 134/10 169123 123/8 123/25 124/1 124/8 124/18 92/14 92/18 113/1 113/3 131/9 review [31 97/19 103/6 160/18 177114 179/8 180/6 reviewed [51 33/19 62/5 103/19 126/6 126/10 128/22 132/4 132/8 135/11

·realm [1] 178/17 released (2] 185/8 185/12 150/10 150113 133/18 136/9 136/11 136112 14111 0 reason [24] 18110 53/2 59/15 142/16 143/11 143/13 146/8 146/9 relevance [1] 11118 revisits [1] 173/1 62/25 68/8 104/ I 106/6 I 06/8 relevant [2] 17/9 17/9 revocation [2] 12/25 13/2 146/11 147/8 147/21 148/2148/6

... . . Q Demse C. Phillips, CSR . _____ _, __ ------------------------~~-- -----~-----------~-~-----~------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0

15 State v David Duane Greer 11114112 Vol 4 s 158/5 161/12 169/1 170/9 170/9 147/10 147/18 147/21 148/2 148/4 seat [14) 2217 23119 26/17 42/10 43/18 56111 78/11 95/20 126/21 148/6 148/8 148/8 148/11 148/11 181/21 184/6 184/16 D--, sides (2) 160/4 161111 said ... [15] 148/8 155/2 163/10 156/6 15617 157/5 164/12 166/20 148/15 148119 148119 148/20 148/20 148/24 149/9 149/11 sigh [6) 91115 149/10 149/12 165/4 165/4166117 170115 170116 seated [10) 22/6 78/6 7817 112/5 ( 112/6154/7 154/8 161/22 183/20 149/12 149/19 149/20 149/24 149/16 15017 172/22 17111 172/14 173/15 173/25 175/25 177115 182/4 149/25 150/4 150/5 150/17 150/18 sighed [1) 150/4 183/21

0 Sam [2) 136/15 166/20 seats [5) 37/3 37/22 37/23 3917 164/18 166/17 166/17 166/18 sighing [1) 91113 sighs [2) 149/25 172/21 same.[25] 20/20 35/21 40/13 96117 166/18 170/13 170/14 170/14 40/13 40/24 40/24 49113 51114 170/17 170/25 170/25 17111 171/3 sight [1) 119/19 second [3) 54/16 150/25 162/21 sign [4) 62/22 -103/2-l 150/15 51/22 52/22 531-19-53/20-94/22 seconds-[1) 7/7 --171/5 17"1/5 i71/7--H1/10 1-71/11 -

0 177/4 99/17 114123 116/2 154116 156/9 secure [4) 35/10 59/16 59/16 171/11171112171112171/13 161/19161/20 163/5 167/22 171/3 171114 171115 172/8 172/14 signature [3) 62/16 62/20 89116 59/16 174/3 176/25 I 72117 1 72/21 1 72/21 1 72/21 signatures [1) 62/14 secured [1) 43/16 172/22 172/22 172/23 172/23 signed [3] 19/24 61125 99/15 sample [2] 67/16 67/20 security [1] 17717

0 sat [1) 173/25 172/25 173/1 17317 173/8 173/8 significant [1) 127/19 see [42] 18/5 21/6 21/15 23/8 silly [2] 30113 42/12 satin [1] 128/9 23/24 24/19 25/3 27/20 29/2 30/20 173/9 173/9 173/10 173113 17417 simple [1] 182/19 satiny [I] 18217 31/6 31/23 33/22 42/22 45/5 46/12 174/15 174/15 176/4 180/8 181114 simpler [1] 20/23 satisfied [2] 176/2 176110 47119 55/3 55/19 58/10 58/20 181120 181/24 182/2 182/3 182/4

0 simply [4] 109/15 171124 174/19 saved [1] 9/5 65117 68/3 71/4 72/6 75/23 76/3 182/7 182/10 182/11 182/14 183/2 saw [20] 21/7 23/13 31119 45/13 79/19 81/5 82/4 8517 103/6 108/16 183/3 183/6 17617 46/4 71/6 85/11 116/2 158/4 158/4 124/15 135/8 145/13 150/2 153/2 she's [21] 25/25 38/17 44/6 84/3 since [5] 13/23 27/6 27/9 2817 142/16 143/1 144/18 144/19 92/15 159/3 164/8 164/11 164111 164/14 159/9 165/18 169/14 175/14 164116165/2 166/15 166/19182/9 148/23 170/16 170/19 170/20 single [3] 51/15 81117 170110 seeing [1] 44/17

D 170/20 170/20 172/12 173/12 sir [344] say [61) 13/24 26/6 31122 38/13 seemed [1] 39/21 38/21 43/20 6017 63/8 64/24 65/13 173/13 176/3 180/16 181/6 181/25 sit [2] 55/3 161/23 seems [1) 37117 sitting [7] 24/4 2417 29/6 35/4 66/21 7017 71114 72/3 74112 75118 seen [8) 49/3 58/16 63114 63/23 sheet [7) 57/19 57/20 57/22 8917 86/4 88/20 9817 98/8 98/19 98/20 100/25 119/7 181125 182/13 89/19 173/21 173/21 96/17 131/16.144/21

0 98/23 98/24 I 03/2 106/14 116/4 situation [2) 77/24 117117 seize [1) 52/14 sheets [1) 156/20 116117 117123 120122 121117 seized [1) 69/22 shell [14) 64/3 64112 64/19 65/8 situations [1) 63/6 six [1) 29/23 125/4 130/4 130/9 130113 132/6 selection [2) 25/17 177/5 65/13 65/19 66/4 66/I5 93/3 93/I8 134/13 137122 138/6 139/17 141/6 self [3] 70/20 140/2 140/4 93/24 I 05/9 I73/5 173/I4 size [11] 56/4 57/1 57/2 64/6

0 64/17 65/9 70/24 93/4 10517 143/5 146/20 I47/4 147/10 148/8 Self-defense [2] 140/2 140/4 shells [5) 66/9 68/20 68/24 70/10 148/11 148112 I48/20 149/16 self-preserving [1) 70/20 9519 166/13 17113 154/1164/17 168/13 168/14 size-wise [1] 64/17 send [2) 67115 167/18 Sheriff's [22] 18/6 23/3 23/16 172/17 174/25 175/3 176/11 23/21 24/5 27/4 27/I4 32/19 35/11 sized [2) 37/20 71110 sense [10) 21/17 97/20 121/22

0 177/16 180121 183/6 149123 168119 176/I7 177/1 177/6 44/I3 5II19 59/23 78/2I 78/22 slight (1] 8/5 saying [I9) 11/1017/7 36/24 73/7 79/6 88/I8 96/4 96/10 105/11 slump [1) I62/23 178/5 178110 98/13 123/21 I24/11 124/12 12511 small [9) 15/7 37/11 37/21 37/22 sent (7) 67/1 68/2 68/25 72/10 136/15 157/14 157/16 125/6 12517 125/8 125/9 125110 72/22 122/1 179/4 shirt (3) 2917 82/25 145/6 37/23 38/15 40/2 108/9 118/11 125/21 133/5 I42/25 170111 sentence (2] 20/24 21/11 shock [1]182/24 smudged [1) 70/6

0 174/20 separate (2] 16/17156/15 shocker [1] 170/19 snap [1) 5517 says [IO] 26/2 105/6 149/9 149/24 separately (I] 57118 shocking [1) 175/2 sold [1] 72/18

D ---- 150/17150/18 178/22 181/10 sequestration (1] 77/24 shook [1] 86/9 sole (2) 13/1 18/3 _ J8!1J4Is2a5 ___ ~ __ _ shoot-(2]-.531L7-178/l __ __ __ _ -- . _ Sergeant .(1]_84/9 _ _ some-(51)-10/1 1-15/13 I6/I7 2017- . - ··-- SBOT [3) 2/4 2/5 2/I 0 20/25 23/I7 23/I7 24/22 24/23 serious [1] 149/3 short (13] 50/15 50/15 5114 53/13 scared (2) 133/13 138/9 serve [2) 23/4 29/19 54/6 58/5 64/9 64/14 76/14 94/1 24/24 28/23 28/23 30/4 33/8 3617 scenario [2] 109/21 125/11 38/7 38/2I 38/22 44/23 4617 46/10 set (2) 44/23 168/4 94/8 94/12 94/13 scene [9] 59116 66/24 143/10 48/25 50/1 55/19 60/24 67/11 setting [I] 45/17 shorter [3) 50/I6 65/6 94/I 0

D 143/11 145/9 I45117 146/19 seven [4] 161113 161/14 167/24 shorts (2) 68/20 94/19 73/24 80/4 80/5 80/5 85/2 89/11 157123 165/6 90/14 91/14 94119113123114110 172116 shot (I) 166/5 scenes [2) 66/I8 174/10 several (2] 29/21 134/3 should [9) 35/I2 77/24 90/8 92/24 1I8/3 1I8/I6 120/20 120/22 SEAL [I) 186/13 sexual [I] 116110 95/17 I26/15 168/11 168/25 124/20 140121 142/5 145/6 148117

0 search (51) 6/I3 16/8 16/25 17/24 I50/5 I50/5 152/21 I70/6178/23 shadow [12] 165/16 178/2 178/18 I69/22 25/5 36112 36118 36/25 37/6 39116 178/25 179112 179119 179/21 shouldn't [4) I6/14 I7/17 126/25 somebody (5) 14/21 23/9 91/7 59/5 59/8 59/23 60/18 84/22 84/24 179/25 180/12 180113 182/8 167/12 140/5 177/16 85/4 88115103/10 103/13 103/16 182112 somebody's [1] 35/13 sbow_(2J) 2617 33/17 36/5 4016 Hi3/l8 1 03/23_ 1 03ii3 i 04/J 104/8

[J Shakes (I] 122/21 40117 46/2 46/3 48/4 5119 53/9 somehow [1) 177/2 104116 104/20 105/2 105/12 she [137] 24/22 26/2 38/19 43117 55/1 56/2 82/19 93/22 115/4 someone [5) I4/19 63/11 80/14 105113 105115 105117 105/19 5717 71/3 71/4 71/6 71110 71111 150125 155/6 158/21 I65/9 165110 81/16 12917 105121 105123 106/2 106/5 106/7 73/16 82/25 84/2 85/23 86/7 86113 166/3 something [28) 7/I4 10/17 19/18 106/9 106114 I 06/15 I 06119 90/16 90/24 9111 91/2 9116 91/14 showed (4] 57/5 68/21 91/3 21/20 24/13 33/5 42/1 46/22 47/18

0 107123 107/24 107/25 108/1 91114 91/17 92/10 92/12 92/15 164/10 59/12 63/20 80/6 85/4 93/19 109122 109123 111/3 158/2 93112 141/16 142114 142/16 shown [2] 49119 16717 106/11 117/2 11717 117/9 132/4 searched [I] 35/22 142117 142/19 142/20 142/23 shows [2) 133/4 172/20 135/10 149/11 150/1 150/6 171/13 searches [I) I 0417 143/2 143/3 143/6 143/8 143/9 sic [I) 12115 I73/13 175/2 176/24 178/13

0 searching [2) 30119 60/4 sometime [I] 12/19 143/10 143112 143112 143/13 side [I7] 8/12 8/14 39/21 43112 seasoned [I) 173/3 146/20 147/4 147/8 147/8 147110 44/19 44/23 75/25 77/3 103/25 sometimes [6) 68/6 69/8 69/8

D~- -- -----------

..

Demse C. Phillips, CSR [J \ 0

16

State v David Duane Greer 11/14112 Vol 4 s 177/5 177/25 179/8 stated [3] 97/24 170/1 170/13 such [6] 11119 21110 37/18 100/19 talking [28] 12114 12/24 13/21 statement [12] 10/6 10/24 11/11 117/3 122/6 0 sufficient [3] 103112 103/20 15/13 18/19 30114 35/24 36/13 sometimes ... [3] 98/23 176/21 11/20 12112 22/23 26/11 86/2 44/9 46/24 73/23 85/2 85/9 85/21 176/24 101/12 102/23 111/16 170/11 109/24 86/22 1 09/25 11 011 II 0/2 124/21 Somewhat [I] 129/17 statements [I] 22/20 Suite [2] 1123 2/6 ·

n 125/13 126/22 143/9 163/13 somewhere [3] 8417 84119 10119 states [3] 106/17 16317 167115 supervising [1] 96/22 sophomore Ill 162/23 supervision [2] 20/16 25/18 163/i4 169/23 171123 181/6 stating [1] 164/24 sorry [3] 9/4 81/21 147/25 support [2] 106/13 110/24 181111 statute [1] 99/22 tamper [2] 59/12 104110 sort [4] 60/67113 103/25 119/14 stay [3] 118/13 119/17 184/22 supports [1] 108/20 so_und_[l] .181/7. . stayed.[1] __ 1!9!l't . supp<ised.[3]-~88/19 120l13 121112 tampered [I] 70/20 .

0 space [I] 113/23 suppress [6] 16/916/21 17/22 tan [1] 2917 Ste [1] I86/18 tank (2] 43/1 73/20 speak (4] 7/22 69/25 83/11 83/18 stenotype [1] 1/18 18115 19/13 111/25 speaking [2] 84/5 84/5 step [13] 38/4 41113 46/15 54/15 suppression (3] 17/5 100118 tape [1] 150/10 specific [8] 11/22 15/14 15114 76/9 95/14 9917 100/9 123/19 106/24 task [2] 27/12 79/11 36119 108/6 111/8 111118 111120 sure [20] 21119 21121 25/25 35/8 Telephone (3] 2/7 2/12 186/19

D 141/15 151120 180/24 182119 specifically [19] 18/5 18/6 2717 stick [3] 55116 55/18 157/23 41118 50/20 59/17 63/2 72/1 72/2 television [I] 166/3 124/1 124/24 125/2 125/10 125/19 97/23 98/3 104121 110/17 115/17 tell [21] 26/1 26/1 46/8 71/25 72/2 sticking [2] 140/18 140/19 149/17 15017 159/I 173/16 175/13 89/5 89/11 96/25 123/25 132/4 126/19130110 134/2 144/17 146/9 sticks [3] 50/17 5117 52/10 135/18 135/21 140/3 143/3 165/5 146123 146/25 156/12 163/8 surprise [I] 166/21 still (16] 8/19 25/14 25115 44/18

0 171112179/4 117/24 123/9 123/12 126/10 surprised [4] 86/8 133/11 133113 166/16 172/25 174/15 175/24 180/22 182/4 specifics [8] 80/23 83/24 108/4 135/11 139/20 149/5 15115 153/5 133115 telling [14] 14/21 98/17 101111 111/14113/9139/8139/16148/24 154/10 174/17176/9 survived [1] 127/18 110/15 124/23 125119 129/23 specify [2) 94/16 148/19 stipulate [2] 21/10 25/12 suspect [1] 68/9

0 130115 130/19 135/22 135/22 speculation [3] 71124 87/1 129/6 stipulated [3) 164/3 16417 169/21 suspect's (1] 67/9 136/8142/18180/17 speed [1] 58/13 stipulates [1] 99/16 suspects [2] 67/16 67/23 speeding [4] 18/5 23/10 29/15 suspended [1] 177/2 tells [1] 178/10 stipulation [16] 6/11 6/12 7/6 58114 19/17 19/21 20/2 20/5 20/12 21122 suspicion [7) 110/3 110/5 ll 0/18 ten [5] 76111 100110 152/16

0 speedometer [1] 58/9 21125 34/13 34/14 99/15 99/23 110/22 110125 11117 169/6 160110 162/25 spend [1] 163/14 ten-minute [3] 76/11 100110 143/20 163/23 sustain [2] 85/25 87/6 spent [5] 120/20 162/24 163~2 swab [4] 66/25 67/6 6717 67115 160/10 stolen [I] 35/9 164/5 165/23 tend[2] 118/10118/11 stood [1] 162/18 swabbed [1] 68/24

0 splitting [1] 13 8/4 stop [33] 18/4 18/20 19/1 23/9 swabs [1] 68/16 terms (3] 33/22 54/23 109/8 spoken [l] 125117 23/9 23/19 32/1 32/12 32/14 33/1 swear [1] 22/9 terrified [1] 173110 spoliation [1] 69/23 33/19 58/6 58/24 74/19 74/20 swore [1] 76/15 Terry [18] 5/18 5/20 26115 26/20 squad [2] 131116 181/17 27/1 27/2 41115 42/12 42/21 44/15 80/21 81/23 82/1 82/3 82/5 83/2 sworn [13] 20110 22/10 26/16 stacked (1] 37/13 100123 100123 109/12 110/2 26/21 78/10 78/13 95/19 95/23 54/14 54/18 79/15 154/9 154/12

0 stage [I] 109/7 110/19 110121 110123 110/25 112/16 144/3 154/13 157/4 157/8 154116 15811 158/5 stand (5] 164/24 166/16 167/4 120/18 145/8 145110 164/13 svstem r3l 163/3 163/4 167/15 test [6] 12/10 12/10 67/2 9517 168/12 175/15 stopped [10] 16/5 17/16 18/10 T 103/2 173119 standard [5] 109/23 110/22 32/20 73/17 8217 123/23 128/11 tested [4] 66/16 69/4 173/4 173/6

[J II 0/23 111/6 167/22 T-H [1] 95/18 testified [18] 26/21 78113 95/23 128/15182/11 standing [5] 44/20 44/22 158/5 stopping [3] 23111 32/25 75/3 T -shirt [1] 145/6 104/2 108/5 108/5 112/16 127/10 15817 158/9 table [3] 29/6 162/10 182/18 story [1] 77/3 143/1 14317 144/3 14517 148/23

0-- - J5M13 __ I540 6J m8_17li5_J76/3 st_aiJ_I_~r f.!J__l_()?f_ll_ _______ "- _ ~k.l!~gJ!!fQ_I}Var!!_[1L 15J/l_ _____ ~g_[11]6/22 ___ -- --- -- - start [6] 10/3 25/6 37/15 48111 strange [1) 17117 Tahoe [1] 32/23 testify (10] 16116 20/20 76/18 97/10 168/5 tailgate [1] 144/22 76/22 76/23 77/3 7711277119 90/9 strategy [1] 21/10 started [7) 37/10 45/10 80113 street [7] 1/23 2/6 2/11 19/3 28/3 take [35] 7/12 8/20 911 9/10 11/3 164/11 101123 14112142/8 172/4 12/6 28/19 41/18 46/4 52/14 60/14 testifying [I) 77/2 3019 186/18 starting [2) 37/3 60/17 street-level [1] 28/3 60/15 67/14 76/11 84/6 85/15 testimony [26] 9/5 10/5 10/14

D state (21) 116 2/3 9117 30/17 7717 strong [1] 176/8 85/18 97/20 100/10 124/2 126117 17/10 24/19 10111 123119 126/2 78/9 100/4 100/5 100/14 104/24 137/19 137/23 142/17 150/16 stuck (2] 130/5 140/24 12811 128/14 133/14 136/3 136/6 112119 160/2 160122 162/13 student [1] 63/20 151/23 160/10 168/18 172/13 142/12 143/13 147/22 148/2

0 165/24 167/16 168/22 169/20 stuff [27] 10/11 24/18 24/22 35/14 172/14 173/12 174/12 175/25 165/19 17017 170/8 171/8 173/3 169/25 186/1 186/4 37/16 38/22 39/9 39/10 44/1 49/1 180/24 182/19 174/12 174/17 18017 182/1 STATE'S [67) 3/8 4/10 6/3 16/3 49/10 60/9 60/11 60/13 114/11 taken [11] 15/13 24/11 33/10 66/8 testing [4] 68/17 68/25 69/12 16110 1611219/15 19/24 20/2 22/2 115/13 117/16 127/1 138/4 141/2 68/20 70/4 83/8 123/20 123/21 69116 33118 34/1 34/4 3417 34/8 4017 147/i 153/16 159/6 171/11 i 7i/15 157/22 172/3 tests [1] 66/10

0 40/18 40/21 41/2 41/5 41/11 41/24 173112 173/25 taking [1] 164/13 TEXAS [18] 1/6 117 1/17 1/22 42112 42/16 42/20 46/3 4717 48/5 talk [19] 7/11 14/4 49/5 57/20 stuffed [3] 116/24 117/20 130111 1/23 2/7 2/12 27/13 30/17 83/15 48117 48/19 48/24 49/2 49/5 49/6 64/8 71/5 8417 86/14 90/17 101/9 163/8 165/24 167/1618611 186/4 stuffing [1] 141/2 49/12 49/18 49/19 51110 52/23 120/3 137/2 152/1 160114 163/17 186/16 186118 186/19 style [1] 153/11

0 53/9 53114 53/24 5411 54/6 54/12 165/22 166/5 174/20 185/8 styled [1] 18617 than [19] 7123 12/16 34119 39/21 54/13 54/24 55/24 56/18 74/3 subject [3] 76/8 76/10 141/22 talked [29] 7/17 7/17 9114 1111 41/8 53/21 57/3 70118 92/4 110/23 89/25 90/3 90/1 1 93/22 99/14 25116 41/8 49/1 61/11 64/2 64/9 subsequent (2] 13/18 17/24 115/25 119/3 120/5 133/2 152116 substantial (2] i 4/25 56/4 99/23 100/1 107/15 127112 128/23 64/9 66/8 76/17 77/1 84/8 85/1 16917 169/11 170114 170/17

D 129122 143/19 143/22 15113 15517 substantially (7] 14/12 14/14 15/1 90/12 92/18 113/16 131/6 136/24 thank [20] 7/13 9/6 15/24 22/22 155/18 158/22 40113 40/24 50/15 53/19 139/13 156/19 163/9169/4 176/16 26/19 41/9 42/10 56/10 57/11

.. _Q ____ -~~ ~--~ Demse C. Phillips, CSR - - - - ----~----~------~--------- 1] 0

17 State v David Duane Greer 11/14/12 Vol 4 times [8] 63/10 103/3 103/4 I 08/4 55119 63/3 63/6 64/8 65115 65/16 77/1 77/2 89112 98/23 100/22

T

134/3 139113 14317 181/19 68/3 71/24 72/9 88/18 88/18 94/11 108/11 111/15 12317 123/13 124/2 0--. 137/11 139/17 143/6 163/13 tinted [5] 75/16 75/22 76/3 thank. .. [11] 112114 157/2 157/6 98/3 100/25 I03/15 104/5 106/5 I68117 I77/8 177/9 177/23 178/6 1 02113 1 02115 159/13 159124 159/25 160/11 I08/IO 109/11 110117 1IOI17 tip [5] 108/24 109/4 109/13 167/23 16817 185/5 185111 think [43] 7/5 7/9 7/17 7/23 8116 110123 110/24 11111 115118

! Thanks [I] 155/23 119/22121/8 121116I24/13 9/15 1219I2110 1411 14/11 14/23 109/16110/9 0 14/24 15/6 1517 37118 42115 57/5 titled [I] 1115 that [119I] 126/I6129/10 130/1 130119 that's [I34] 8/5 10/25 12/3 I3/6 65/22 78/1 82/12 85/5 85/5 101113 Tobacco [1] 72/13 I40123 140/25 148/25 149/12 today [13] 25/10 26/2 29/2 40/14 13/9 13/I4 16118 17/2 17/4 17/10 149/14 163123 169/18 17017 104123 104/24 105/22 105/22

. llfl6 \8Zl2 19116 ZP/21 29121. _ 124/23 12811 128/18 163/13 .L7.0111J.75/10.175lll 17.617 1211A 12118124/5.124/6 12417 n 21124 23/1124111 25110 31/12 124/11 I29/8 152/25 153110 168110 18017 18118 181114 18317 176/23 176/24 178/11 178/11 u together [10] 2317 32/8 75/9 34/20 3511 36/13 41/21 4217 43/2 178116 178/18 178/19 180/3 180/4 156/17 16717 171121 174/21 174/25 175/9 176/8 115/11 119/15 122119 167/1 44/5 44/10 4511 45/2 45/8 55/24 180/8 180/17 18119 56/20 59/15 61/3 6114 61/5 61117 thinking [2] 118/4 152/5 180/19 180/23 182115 therefore [4] 17/8 63/1 65/4 told [55] 8/11 10/22 17/23 19/3

0 61118 62/4 63117 65/14 6817 7112 109111 thinks [1] 171113 71120 71/23 72/4 72/4 72/13 72/25 this [254] 47/14 56/13 74/2 74/22 80114 93/6 therein [1] 70/11 97/8 123112 123115 124/5 125/24 7317 86111 87 /I 88/3 93119 94/1 Theresa [1] 17114 thorough [I] 11114 127/21 129/2 129/21 132/3 13217 94/3 94/5 94/12 94/24 96/8 100/20 these [33] 15/9 16/3 16/11 16/22 those [58] 14/19 17/2 17/4 1717 102/11 I02/24 103/22 104/6 105/8 18/4 18/71817 18/21 1917 I9112 132/14 133/15 134/3 13417 134/8 16/23 17/20 18/12 23/IO 23/12

0 134123 135/24 135/25 I35/25 106/17106/20 107/4I07/6 10717 21/16 23/4 23/5 24/3 32/6 33/11 29/19 41/4 48/11 48/12 48/12 136/5 136/9 136/19 138/16 139/1 107/9107/25 109/19110/2 1I0/10 48/25 49/1 51111 51112 51114 48/6 48/22 49119 50/4 52/1 52/5 139/23 140/10 142114 143/9 II 0/11 110111 11 0/15 111117 52/24 53/13 54/6 54/II 56/5 64/6 51/18 51/22 52/11 53/19 55/2 55/15 108/11 110/9 111115 Il4/22 65/9 67/11 67/15 68/3 68/10 68/20 I47/17 154/23 162/19 165/15 115/9 116/411617116/18116/19

0 122/10 124/8 125/5 125/9 125/10 68/21 68/24 68/24 72/16 72/I7 176/12 177/12 177/20 17911180/9 143/21 165112 171117 182/16 I81/15 1811I5 181/16 I81/16 125112 127112 127/18 132/11 they [149] 13/23 16/5 16/1617/10 88/16 103/19 10517 I06/2 II0/18 132/14 133/19 134/5 140/5 140/10 17/10 18/4 18/5 18/9I8/10 20/18 114/13 114118 I18/1 122114 181120 I8217 182110 183/2 tolerance [1] 55/20 142/15 144/16 I4817I50/17 20/I9 20119 21/15 2317 23/10 I56/20 163/12 168/17 169/13

0 153/19 I58121 164/25 16617 23/11 23/13 23/13 23/I4 23114 169115 171/21 177/8 177/9 180/15 too [11] 11/22 15/15 17/16 50/17 52/11 55/16 71113 91118 103/25 168/25 168/25 169113 169/19 23/15 23/15 23/19 23/20 23/25 180123 169/21 170115 170/22 171122 24/I 24/8 24/9 24/21 25/1 25/4 though [I9] 63/6 63/24 64/10 139114 172/5 took [8] 32/13 43/8 85/18 124/25 174110174121175/3175/6175/11 25/5 25/6 2517 2517 30/23 30/24 6611 76/8 94/18 94/19 106/9

0 176/9176/13 I76/20 177/4 177/8 3II1 31110 31111 31118 31/19 3217 106/10 117/4 121119 I28/1 139/I8 I25/3 14115 175/22 176/13 177!12177114177/19I78/3179/2 33/12 48/16 51/17 51124 52/3 52/4 156/4 159/3 164/15 167/19 I72/2 tools [1] 37/18 179/2 179/3 180/6 top [6] 4311 45114 60/25 60/25 52/22 53/16 53/20 54/8 55/3 55/16 173/18 73/20 156/10 thefts [2] 122112 122/13 55/18 68/2 68/5 68/6 70/11 70/20 three [7] 8/11 13/20 51/9 14317 their [23] 7/6 11/19 14/17 2117 143/8 181118 181119 torn [1] 48/8 72/16 72/I6 75/10 75/21 77/3

0 3517 63/20 100/15 101110 105/2 80/20 80/24 8111 8116 84/12 85/5 threw [1] I71115 total [2] 28/6 186/11 106/9 106/IO 106117 106/20 107/6 touching [1] 47/4 85/9 87/1 9118 92/1 92/24 93/24 through [31] 7/21 20116 20/23 10717 107/21 111/3 140/7 160/2 94/16 100115 10113 1011410115 24/20 25/6 36/3 36/20 37/10 45110 tow [3] 24/11 84/16 84/19 170/9175/16 177118 177/18 10115 101115 101/17101123 102/1 47/13 47114 47/19 47/24 48/6 toward [I] 44/22

0 them [45] 12/6 18/9 18111 22/5 102/1 102/2 102/6 104/2 104/5 48/12 48/13 48/18 54/25 61117 towed [6] 24/6 24/11 24/16 35/14 23/5 23/8 23/I1 23/14 23/15 23/17 104/20 106/4 106/8 106/10 106114 8112 8113 94/13 126/21 140/17 61/14 62/25

o- 23117 23122 23/22 29/22 30/21 108115108117110/16111/9 1411915317 168/11 170/6170/8 towing [2] 84/14 84/15 . 30/21 31/18 31120 48113 5I/20 111123 114/21 118/3 120/14 121/4 17111717¥1.____ -·-·- ·--- --- to_wn_[3]_30/.6_3_00.'l 63£8_ --· -·· - . ·- -53!20 547H3/2r137f7 75!f2786 T2Vsl21/6f2I/16f33!15i34/20 throw [2] 178/I 180/22 trace [1] 72/8 80/19 82/19 82/19 82/19 9118 140/6 14017 14115 141/9 142115 thrown [1] I2711 traced [1] 72/6 98115 10113 110/15 112/4 118/14 144/15 148/1 15011 157/22 158/4 throws [1] 17 1111 track [2] 176/21 176/23 152114 154/5 161121 162/2 164111 158/13 162114 162119 168/23 thumbs [1] 161124 tracked [1] 72/6.

o 165/13 171122 !83117 183/19 168/23 169/1 169/2 169/14 169/16 time [81] 8116 1 Ill 11/4 I2/23 tracking [1] 74/10 themselves [11 54/4 170/4 170/6 17017 17119 17119 13/4 13/19 25/15 28/10 28112 traffic [9] 18/4 23/9 23/9 59/2 then [71] 8120 917 12/20 12/20 171110 171124 172/6 173/24 31/10 32116 33/9 35/22 36/23 74118 74/20 100/24 110/2 145/10 12/21 13/10 13118 15/14 17/11 174117 174/19 175/4 176/1 17917 43/21 44/16 45/9 55/12 70/19 training [3] 28110 28/16 165/25 23/21 24/23 25/1 30/2 36/8 48/11 17917 184118 184119 184/24 71/18 71/22 73/6 8011 97/4 99112 transactions [1] 103/11 -

0 5517 55/10 61125 62/1 62/1 62/16 99/21103/5116/2117/21 117125 transcription [I] 186/5 they'll [31 20/22 55/16 184/24 62/19 64122 6711 67115 67/16 68/1 they're [251 12/4 23/25 24/3 118/8 118/8 119/4 119115 120/9 transported [3] 136/14 136/14 71111 84/9 98/1 102/16 104/15 24/17 24/20 43116 50/11 51114 120/11 120/20 I2113 12I/7 12117 137/3 105/17 110/6111122 114/18 53/21 59/18 59/18 70/19 70/21 121124 123/1 123/22 124/i8 traveied [I] 162/25

D

traveling [I I 58/10 118/18 118122 119/1 119/18 82117 101111 101/18104/14 124/20125/16 128/14 129115 Travis [I I 1116 121121 122/10 122110 122/11 110/10 142/11154/3 166/1 171/18 132/23 134/2 134/16 134/19 123/21 126/6126/10 132/3 132/17 171122 174/19 177/3 135117 138/6 140/9 140/16 141/14 trial [11] 113 1/11 19/21 2011 142/17 148114 149/9149/9 149/16 they've [3] 108/5 111111 163/2 143/18 145/17 145118 146/18 25/24 100/19 109/11 151/24 166/4

D 149/25 150113 150/18 155/15 thing [19] 9/I4 12/23 16/18 35/21 147/5 147117 15017 150114 151/13 168/9 170/8 162/5 166/4 166/6 166/23 171115 55/8 98/21 101/22 103/22 106117 151124 160/8 160/11 162/12 163/2 tried [2] 65115 66/8 173/24 179/16 181/3 181/8 181/9 129/2 134/9 155/19 156/9 174/3 163114 I66/24 168/8 170118 tries [1] 55/21 181/14 18211182/4 176/19176/20178/16183/2183/9 181112 181120 183/8 184/19 185/5 trigger [4] 55/4 55/9 55/13 67/12

D there [187] 18517 trip [1] 117/18 things [29] 8/6 9117 1917 24/20 there's [60] 23/16 24/18 41/25 24/25 25/1 29/15 58/9 66/9 72/17 timely [11 100118 trouble [13] 26/3 117/13 119/13 .. -D ----------------------·- Demse C. Phillips, CSR 0 J

18 State v David Duane Greer 11/14/12 Vol 4 w underneath [1] 55/6 variety [1] 28/14 T understand [16] 131114/617119 various (5] 24/25 32/3 37/18 38/2 waiving [1] 7/24 67/16 trouble ... [10] 134/10 134/16 19/20 57/25 66/23 97/18 98111 walked [6] 84/9 85/6 8517 90119 136110138/15 15011166/24 98/17 121/10 124/20 124/20 125/8 vehicle [102] "H!-/-I-0-231T3"L476 -2-4lJ-JA/8~4!-l0-25i'T-2'51'2filJ71= 90/24 14917 173113 177116 181112 183/4 126/22 149117 150/9 ..3.0J-2-3-a@/·2-§-3-1:(4-9-3+rfii:§2:/24::- walking [3] 43/24 4511 45/2 truck [59],~24i~24'f4=24J-.I.·S-Q4/-!-9· understanding [4] 14/17 16/8 -J212~35/4-3S/4·-35f5-:3-5/8 walks [1] 123111 2ttt22-25ft':l:l=r6~::Jl71'5~1/+H-2/-2H' '93/23 13 6/3 wall (1] 119119 3~37/6 37/9 37111 understood (1] 31112 3"51ttl""3S~5il4.-:351·I-~

J6/1 iJ6L2.Q-3-6R:-B6t23-:3-7J24.--· want (54] 7/22 16/16 21119 21/20 31Ll6.31Ll-6-3-1/-J..9-3 8/-l=-3-8-fl-38123- unduly [1] 12/4 ,5 8/-1~8tb-58-/6-5,gjr2@ r6-Vlk62f2 - 21121 26/3 28/192.9/23 49/5 5119 ~/5':'4-oti-HtJt~?<t4f!:_6:4'4>/T.l uniformed [1]· 30/3 .&2.J-2-j-6iJ-&6Si·l"S~L:/~4-1S/-3-7.51-lO· 56/22 59/15 61114 62111 62/12 4"5t1·0-4*1-4-4-St-1-H&#.i·47f·~ unit [2] 27115 58/12

69/24 69/25 74/1 74/2 76/23 77119 -~52.J-2.:t;..56MootGc6-ff!'~t9>- United [2] 16317 167115 ff:S-fJ:-5-75-/-~l-3--8-lfto-817T7 units [4] 30/2 31120 31122 74/11 -8N2.Q-82:~4:19·8¥Hl-84/J-2 83/18 96/16 96/20 98118 98/19 w~i-'==rr47T9114723- 117/1 117/9 117112 119/22 121/24 '"mm-r29t&H+Fr1·s-1"1~I-3-3.f.rr 'ilrtlawful [1] 184/4 E4t'1"6847T8'84RQ.8-1/H 88/4

124/14 127111132/18 135/8:·136/2 L4.1/6-14-7/-I-!+5-41z:3:'1 ~/6 unless [1] 17511 '8-&-JffrS9"/~efM.rJ.0·1-/HOT/6. 138/15 139/16 140/6 142/6 152/8 ;~917 ci·6~12.1-1-7-9.L2-J...7.9ri 181 I 1 .J.O·U2:0:':.rD2/2:1.02/6J.02/J,_l04/4 unlikely [1] 70/5

rl'el5/4··t 08/9"f68TI'4:o1;08/-f'7-ttfit6- 16115 161112 166/22 16817 168/18 unmarked [3] 23/21 32/1 3217 ~ 172/13 172113 176/4 176/5 176/6 true [10] 104/8 105/23 169/8 Hi'l"troTIO'/Yv-t·Wf-I-9-111/8 unnamed [1) 103110

r+-J..l.R-4-l-l.J/-7-J.30/l'1--1-3-7/.YT5-tfl-2. 178/14 184/18185/9 169112 175/19 180/8 182/8 182/13 until (3] 12118 121120 145/17 up [100] 7110 8/10 9/10 9/24 11/3 --J-5-t/·1:6-J.59 1+~1.$.9/-2· l6;4t2-1'64/ 14 wanted [7] 7/25 8114 11/3 104/19 183/2 186/5 1-641171667TOI:66/-20_17 tH- 116/25 116/25 14112 truly [1] 186/9 16/16 21/20 24/14 25/4 27/21

32/24 32/25 35/10 36/6 37/13 38/4 m~SLU--1.18/.2_4_ wanting [1] 119/12 trunk [1] 37/2 39/17 39/20 44/23 45/4 45/6 45/14 I 'Hlfl5-PlW4-H9t6-I-79/1"4--Q2120. ~ants (2] 8/12 107/13 trust [2] 138/16 14211

WARD [7] 2/5 78/15 91122 144/5

truth [7] 101/11 132/5 13217 45/21 46/15 48/8 49112 49/24 1-~2 150/24 162116162/17 51/18 51/20 55/13 55/23 6113 63/2 vehicles [9] 23/16 29/24 32/6 143/3 175/24 178/14180117 65/16 66/20 71/4 75/21 80/5 84112 32/18 32/19 32/23 33/23 35/22 Ware [7] 5/21 80/2 81/19 81/20 truthful [6] 92/1 138/5 142/23

157/3 15717 157/13 170/14170/17 171121 85/6 8517 85/18 90/24 92/24 95/4 88/23 warm [2] 118/13 171/2 truthfully (1) 108/5 102/1113/22114/8115/16116/17 veracity (1] 101111

warning [1] 161112 try [8] 26/6 27/22 46/11 52/1 116/25 118/14 121/9 123/13 verbal [1] 91115 123/19 124/1 124/8 124112 124/12 verdict [7] 153/12 153/21 183/22 warnings [1] 16113 64/19 66/4 121/9 127/3

warrant [25] 6/5 6/5 11/25 12/20 trying [2] 98/11 168/4 124113 124/24 125/3 125/20 126/6 184/1 184/2 184/10 184113 version [1 J 162/9 13/5 13/5 13/17 1711 17/2 19/2 tuck (1] 118/14 126110 127/1 130/3 130/4 130/5

33/6 59/5 75/5 I 03110 I 03113 turn (1] 23/15 130/9 130/11 131115 139/9 140/24 very [17] 9/6 12111 38114 38/17 103/16 103/19 103/23 103/23 turned [1] 32112 141/21 142/22 145/13 149/1 14917 54/21 80/23 82/2 I 08/23 11112 108/1 109/22 109/24 120/14 turns [1] 24/14 151/23 152/9 162/18 165/11 143/10 143/11 154/4 182/11 121/19 138/11 turpitude [3] 77/8 119/25 122112 165113 166/5 166/15 167/6 16717 182/19 182/20 18517 185/11

veteran [1 J 173/3 warrants [33] 16/4 16113 16/24 TV [3] 27/20 46/15 166/8 167/13 168/4 171/13 174/15 17/4 17/8 17/12 17/2018/4 1817 twice [2] 50/21 16118 victim [7] 59/6 84/2 84/3 92/8 174/16174/23 175/15 176/20 18/22 18/25 22/25 23/4 23/5 23/11 tWiddle [1] 161124 178/21 17917 180/20 182/2 92/16 139/11 148/24 23/12 23/25 24/3 28/23 29119 two [29] 1817 21116 28/8 28/9 upon [6] 17/23 17/24100/24 video [37] 6/6 6/6 23/24 33/19 5615 96/17 101/18 104/2 105/25 34/4 36/9 42/20 43/10 43/22 57/5 31121 33/11 75/4 75/10 75/11 102/6 I 04116 182/23 80/24 8111 8117 83/9 101119 106/2 110110 113/2113/4 113/5 upset [6] 98/6 98/9 98/23 119/21 58/16 7116 98/2 98/3 118/15 108115 11112 157119 117/15 122113 139/22 143/6 172/22 172/23 144/10 144/11 145/13 146113 - -

_ J52D4J5!1/U5A/3_16W6.J61/17. urge[2]-l00/17-l00/2l-- - ---- -146/17-15118 1-§1/l0-1-51/17 -1-5 8/4 was-[510]- - - -- -- - -- 162/15167/1167/1168/14 172/4 urgence [1] 90/8 164/9 164/10 164/11 164/20 washing [1] 178/23 us [16] 9/5 1811 25/10 29/23 5211 164/25 165/2 165/9 165/25 18115 wasn't [31] 18/4 52118 58/11 181/23 63115 65/2 71111 97/10 I 08/8 type [18] 21/15 28/2 49/22 51/22 57/5 72/1 72/2 87/21 97/20 101113 181/25 182/9 182/13 183/15 119/12119/12126/412817128/10 52/22 53/1 59/1 59/23 61/15 62/19 111/23 120115 160/11 165/18 videos [1] 103/6 132/24 133113 134/1 135/19 82118 87/24 9117 91114 92114 178110 videotape (2] 132/25 133/4 135/25 136/1 139/2 139114 139114 97/19 12213 122/12 usable [3] 4711 47/6 47/9 videotaped (2] 132/22 143/12 types [4] 66/25 72/16 72/17 7717 use [4] 12/9 54/23 143/3 166/12 142/23 146/25 147/18 164119 view [1] 183/15 I tvoo Ill 95117 164/20 165/6 166/17 166118 violate [1] 121115 used (3] 106/18 162/24 167/24 u 174/13 using [3] 33/2 110/23 176/17 violates [1] 102/25

usuallv i21 123/11 125/5 waste (2] 11/3 43/21 violation [1] 59/2 ugly (1] 79/19 v watch [3] 36/9 46/15 18114 virtually [1] 24/5 Uh [5] 18/8 21/4 21113 85/22 visit (5) 7/6 119/23 148/14 184116 watched [1] 165/18 132/6 V.Dire [1] 5/1~ 184/22 watching (2] 58/8 164/20

. Uh-huh (5] 18/8 21/4 21113 85/22 vacuum [1] 180/18 visited [8] 21/2 2117 90113 102/12 way [29] 11/19 20/18 20/21 20/23 132/6 vague [1] 140/15 58/14 58/15 66/4 66/20 67/4 68113 137/12 139/10 148/16 171/5 ulterior [1] 106/6 68/25 86/11 110118 121/10 121116 vaguely [1] 125/12 voice (4] 166/21 18116 181110 ultimately [9] 13/8 13/10 1617 valid [3] 17/8 106/8 106113 140/4 148/8 153118 163/9 165/16 183/1 32/18 80/12 83/8 86/23 8717 validity [2] 17/12 18/21 171/20 17211 175/5 175110 175/11 voir [4] 163/15 165/15 176/12 114/18 Valley [1] 79111 17617 178/2 18311 183/1 177/20 under [IS] 13/16 14/19 23/5 37/2 value [5] 1211114/14 14115 14/25 volume [6] 112 3/2 4/2 5/2 6/2 ways [7] 20/19 58/12 101/15 39/9 63116 76115 83/15 110/14 1517 186/6 105114 108/24 143/8 181/19 1l2/12 13811914115154/10 · van [1] 23/22 Volumes [1] 112 we [246]

'] 156/10 185/9 vantage [2] 58/21 98/13 we'd [4] 11117 76/8 159/21 .. _________________ " _____________________________ _ Demse C. Phiihps, CSR ~----­ ]

,J 19 State v David Duane Greer 11/14/12 Vol 4 35/16 35/20 35/24 36/2 36/5 37/9 101/24 103/10 104/14 114/13 wish (2] 184/6 184/16 w within (11] 25114 25115 27114 37/16 37/25 38/1 39/23 40/1 4118 114/13 114/18 116/21 117/4 42/25 45/4 45/8 45/16 46/8 46/24 117/17 118/24 119/18 12017 123/8 99/21 103/19 104/4 105/5 163/25 we'd ... (1] 177115 n~~ 48/4 48/14 49/22 51/6 51/12 56/21 127/24 140/14 143/9 150/2 152/22 165/24 166/10 167110 we'll (15] 15/20 22/12 22/20 48/11 89/24 90/1 142/5 142/9 156/3 158/25 159/1 159/2 159/17 without (7] 80111 80/23 83/17 56/22 57/3 58/12 58/16 61/4 7411 151/21 151124 153/2 157/3 16011 74/2 74/22 75/2 79/10 79/24 80/9 159119 165/2 171119 171/24 172/8 83/24 85/14 86/13 117/2

0 witness (55] 9113 20/10 26/16 162/12 185/13 80/11 80/11 82/10 82/13 82/15 172/9 175118 82/16 83117 84/16 84/18 84/24 wherever (1] 116/24 33/14 40/3 41112 41/16 42/11 we're [31] 7/5 12/24 13/21 15/19 45/24 48/1 50/25 51/25 54/15 15/25 16/18 17/3 1717 17112 17115 8517 85/12 85/14 85/19 86/4 86/13 whether (14] 66/14 6917 94/3 54/20 56112 57/8 59/1 73112 74/7 21120 32/3 35/24 36/3 36/7 36/8 86119 89/5 90/16 91/2 91/4 91/15 94/16101/11 102/14 105/23

0 42/15 44/4 64/23 I 05/1 106/1 93/12 93/20 9619 97/3 97/7 97/21 108/10117/5 121/5156/5156/9 76/6 76/7 78/10 86/2 87/10 89/1 91120 92/19 95/12 95/19 97111 I 06/2 I 09/25 11 011 110/1 110/23 98119 99/2 100/13 100/20 102/9 169/18 177/10 102/10 103/22 10511 10717 107/8 which (18] 14/17 1617 16/24 2116 99/5 99/8 112/12 122/23 12717 153/23 169123 175/12 178/15 178/22 107/8 11017 111112 113/20 113/24 21112 50/14 89/25 94/25 95/3 137/8 141112 142/22 142/22 114/9 115/15 115/21 122/3 124/6 99/14 99116 109/24 113/16 115/5 147/13 150/22 151118 154119 we've (12] 50/21 76/17 104/10

0 124/8 124/22 125/5 125/9 125/10 122/12 128/9142/15 186/7 155/24 156/22 157/4 158/17 I 05/4 113/16 115/17 118/15 125/12 12917 130/2 132/4 132/6 while [20] 30/19 32/1 34/22 39/16 159114 159/20 164/24 167/4 151/22 160/6 16717 173/17 173/17 weapon (12] 6/10 6/11 46/12 142/15 143/5 144/17 145/3 14617 56/19 84/24 85/2116/11 127/3 168/12 170/9 170110 186/13 witnessed (1] 73/6 50/25 5211 52/5 54/2 55/25 56/8 147/22 148/20 158113 158/21 128/24 129/19 131116 135117

D 104115 1 04117 177117 163/17 164/4 164/9 166113 168/11 140/11 140/16 142/20 155/8 witnesses [8] 3/8 4/5 4110 99/13 152111 152/14 154/2 166/1 weapons (3] 24/1 3317 94/16 168/13 168/25 170/6 17017 171112 158110 161124 163/13 wear (5] 57/4 118/8 118/10 171123 172/2 172/3 174/6174/13 whiskey (1] 166/6 women's (1] 38114 won't [6) 5118 52/8 64/22 94/15 118/12171/7 174/25 175/25 176/13 177/14 white (1) 58/23

0 wearing (49) 29/5 2917 42/25 43/1 who [29] 23/13 23/14 24/15 25/20 111/23 118/23 177/23 177/24 178/20 180/6 29118 31/6 31/8 36/23 58/1 63/12 word (6] 27/25 99/2 132/20 43/4 4317 44/6 57/6 71/10 73/16 180114 180/15 180121 180/24 73/20 73/20 82/13 82/15 82/16 72/6 74/14 80/16 81/14 83/5 85/16 132/20 162/5 162/5 181/4 181/11 181114 183/5 what's (22] 11/6 24/8 33/17 35/6 85/20 86/23 8717 102/21 144/15 word-for-word (1) 162/5 91/17 108/8 108/8 118/17 118/19

0 119/1 119/2119/4 128/3 128/5 35/16 37/20 40/6 40/17 42/4 43/15 144/24 145/1 149/8 165/23 167/4 words [1] 124/6 128/6 12817 128/8 128/8 128110 44/17 47/20 53/10 79/5 93/22 94/9 170/23 174/4 175115 wore [1] 118/9 128/16 128/21 128/22 144/18 103/9 103/13 109/19 110/20 151/1 who's'(?] 14/16 44/3 44/9 63112 work [7] 28/3 28/3 35/2 79117_ 144/19 145/3 145/5 145/19 164/14 155/6 87/4 103111 182/21 96/14 14911 152/2

0 164/17 164119 166/9 166/16 worked [6] 66/17 79/11 91/24 whatever [9) 13/23 26/1 35/9 whoever (1] 185/8 9217 92/12 108/22 166/17166119 17113 171/6 18217 55/11 59/16 114/1 114/12 116/24 whoever's (1] 149/22 182/10 -· whole (8) 101/22 104/3 105/10 working (1) 157/15 149/20 wears [1) 170/25 whatsoever (1] 100/25 106/17 145/13 153/16 164/5 works [5] 35/3 36116 54/23 67/4 weather (1) 82/1 I 121/10 when (121] 10/22 12/9 12/21 178/16

.. 0 week [6) 69/17 70110 72/12 72112 13/16 23/20 25/4 29/19 32/10 35/3 whose [11] 24/15 30/25 71/25 world (2] 111/12 163/1 173/23 174/5 35113 36/5 37/10 39/19 40/1 40/14 71/25 85/13 115/23 132/1 132/20 worth (2] 1517 174/13 weeks [4) 8/11 146/23 162/18 40/25 43/8 45/9 45/20 47/13 47/13 137123 167/3 172/20 would (103] 11118 14/24 15/2 173/8 47/18 47/24 53/14 53/20 5915 59/8 why [51] 13/14 17/19 38/13 50111 16/15 17/8 17/11 21/6 2116 2119

0 weight[!) 11115 6115 62/2 69/16 69/21 70/3 7113 52/7 52/17 53/2 61/17 65/23 74/18 21115 26/24 29/4 34/1 36/24 38/21 weird (1) 176/25 38/25 41/2 43/20 45/9 48/17 51/5 7115 72/10 73/16 81/17 84/5 84/16 74/20 74/24 80/3 80/19 83/25 well [56] 8/4 9/15 12/6 17/9 20/13 8517 85/19 85/21 90/13 91/3 9117 102/12 105/24 105/25 116/9 5116 52/23 54/3 57/2 57/4 58/6 .. 35/7.38/..'1_38118 46/2_48/12_60/10. 93/6 971.7-98/5-98/.15-106/5-1 09/2l -1·16/.l8-1·16/l9-117f.lll27/18 ..... - 65/.J-6514-65/5 65/6 651"7 6612 67/8 ..

0 60125 67/20 68/11 69/24 71111 67/11 67/12 67119 69/21 73/3 73/3 115/11 116/20 117/14 118117 138/3 138/8 138/10 140/1 140/3 71/14 82/6 87/3 87/14 89/10 89/16 118/20 118/22 118/25 119114 140/10 149/12 165/4 165/5 17111 75/22 78/16 93/1193/12 93119 90/1 97/3 98/15 98/17101116 119/17 120114 121/1 12113 121/4 172/21172/22 17411 174/2 174/5 94/10 94/18 96/1 9817 98/8 98/22 103/3 103/3 103/15 103/17 104/13 123/8 123/11 123/12 124/1 124/5 176/19 177/4 178/8 178/8 179114 100117 102/13 102/16 I 02/17

0 106/12 106116 108/23 122/14 180/3 180/6 180/13 180/14 18112 103/22 104/9 105/21 106/4 107/24 125/24 126/1 J 126/22 127/1 125113 126/19 128/2129/3 131119 109/2411114112/8 116/9117/6' 128/11 128/12 128/15 130/3 130/3 181/25 182/5 182/14 133/5 139/9 143/2 146/25 148/4 130/9 131/6 131123 133/10 133115 will (39] 9/2 10/14 10115 10/24 117/8117/22118/4118/8119117 149/1 149118153/23 164/8 170/18 136/4 136/13 137/11 138/16 16/11 19/7 22119 26/1 34/6 35/18 119/18 119/25 120/2 122/12 124/7

0 173/25 174/8 178/22 180/21 182/2 138/18 139/14 139/23 141/4 141/4 41/9 48/23 52/3 52/4 54/11 55/2 125/5 125/9 131/2 132/25 133/2 went[8) 12/21 13/18 29/19 142/22 145/8 145/14 148/14 150/4 5517 5519 55/10 55/13 55/21 94/16 136/4 141116 142/3 142/12 142121 118/25 120115 122116 14119 150113 150114 154/22 159/3 159/5 94/19 95/2 95/2 99/13 99/25 100/3 149112 149/l5 149/21 153/11 171/17 100/8 105/6 107115 160/11 162/9 153118156/24157/11 158/6161/9 162/10166/21.167/6168/18 were (193) 170/13 170/14 171/4 172/12 172/9 176/2 176/14 177/15 184/14 165/4 165/5 171/7 172/7 172/21

0 weren't [8) 17/7 98/12 128/2 172/19 173/1 173/11 173/24 175/9 186/12 172/22 173/18 175/3 176/1 133/12 138/5 145/8 174/3 174/14 180/19181/518116181/10182111 WILLIAM (1] 2/5 wouldn't [10] 59111 64/24 101123 what(174] 8/21 9/16 9/22 10/10 182/18 willingly (1] 8/13 117/9124/14149/23173/15 1 0114 1 0/22 12114 13112 13/24 173119175/1 178/12 whenever [7] 55/4 55/21 58/2 winch (2] 24/24 37/17

·0 14/3 15/3 15112 17/2 17113 17/23 68/2 7114 14917 175/23 windbreaker (1) 82/18 wrap [3] 124112 124/13 130/3 17/25 17/25 18/20 20/22 21/1 I where [56] 18/22 24/9 27/11 30/8 windbreaker-type (1] 82/18 wrapped [13) 124/8 124/1 I 12517 21/21 23/1 I 25/10 25/1 9 25/25 32/1 32/4 35/24 39/5 41/22 43/10 window [3) 164/1 167/11 178/2 125/20 126/6 126/10 130/3 130/4 27/2 27/14 27/15 27/17 27/18 44115 44/16 60/16 60/22 63/10 windows (7] 75/16 75119 75/21 130/5 130/9 130111 140/24 171113

0 27119 30/11 31/12 31/15 32/10 63/18 64/13 71/6 73/6 73/9 82/1 75/22 76/3 102/13 102/16 wrapping [2) 124/24 125/2 32/22 33/21 33/22 35/6 35/12 82/19 88/3 92/23 94/12 10119 wise [1) 64/17 wrecker (4) 35/9 36/6 62/1 62/17

-Q~-·----- -----··---· ____________________ ._E.:_~Ise_C. Plul~p~~~~ ________ -------··----·--·-· ______ ........ -. _ _ -·· .. 0

20

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139/2 140/12 141/23 I42/2 145/I4

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~

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l

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..

~~~~---- - - - - - - - - - - - - · - - - - - - - - _Eemse ~Phllh]Js~SR ___________ -------------------- _______ _ 2 l A P P E A R A N C E S 1 2

1 ATTORNEY(S) FOR STATE: 3 RYAN CHARLES CALVERT 4

J SBOT NO. 24036308 5 WILLIAM LEE WARD SBOT NO. 24077302 ]

Assistant District Attorneys

6 300 East 26th Street, Suite 310 7 Bryan, Texas 77803 ]

Telephone: 979-361-4320

8 9 ATTORNEY(S) FOR DEFENDANT:

J

EARL R. GRAY 10 ]

SBOT: 24007265

Gray, Granberry & Jones 11 103 N. Main Street ] Bryan, Texas 77803-3235 12 Telephone: 979-822-4759 13 J 14 15

J

16 17

1

18

]

19

] 20 21 ]

22

23

]

24

]

25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 3 CHRONOLOGICAL INDEX 1 Volume 5 2 November 15, 2012 Page 3 4

Enhancement paragraphs presented 5 5 Defendant's plea 5 Witness sworn 6 ] 6 STATE'S WITNESSES: BRYAN WADE RUEBUSH: 7

] Direct Examination By Mr. Ward 8 6 Cross-Examination By Mr. Gray 8 9 1 Witness sworn 12 10

GREG SILBER:

11 Direct Examination By Mr. Calvert 12 12 Voir Dire Examination By Mr. Gray 20 1 Direct Examination Continued By Mr. Calvert 25 13 Voir Dire Examination By Mr, Gray 26 Direct Examination Continued By Mr. Calvert 27 14 Cross-Examination By Mr. Gray 36 1 15 State rests 36 l Witness sworn 37 16 DEFENDANT'S WITNESSES: l 17 KENNETH GREER: 18 Direct Examination By Mr. Gray

37 l Cross-Examination By Mr. Ward 41 19 Redirect Examination By Mr. Gray 44 20 I Witness sworn 45 21 ANNETTE GREER 22 Direct Examination By Mr. Gray

45 so Cross-Examination By Mr. Ward 23 Redirect Examination By Mr. Gray 52 24 Defendant rests 53

State closes 53 I 25

DENISE C.PHILLIPS, CSR

I OFFICIAL COURT REPORTER

272ND DISTRICT COURT

4 1 CHRONOLOGICAL INDEX 1 1

Volume 5

2 November 15, 2012 Page 3 54 Closing Argument by Mr. Calvert 4 56

Closing Argument by Mr. Gray 58 5 Ruling of Court 61 Reporter's Certificate 6 ALPHABETICAL INDEX 7 V.Dire Direct Cross 8 so 45 9 Greer, Annette

52 10 37 41 Greer, Kenneth 44 11 8 12 Ruebush, Bryan Wade 6 20 . Silber, Greg 12 13

25 26 27 36 14 15

EXHIBIT INDEX

16 State's Exhibits 17

EXHIBIT

DESCRIPTION OFFERED ADMITTED 18 Judgment and Sentence 15 17 17 19 18 Pen Pack 26 27 20 25 19 Pen Pack 20 19-A Judgment and Sentence 20 22 30 20 Judgment and Sentence 30 21 Judgment and Sentence 30 30 21 Indictment 28 22 22 Judgment and Sentence 28 29 23 23 Fingerprint card 36 36 24 24 25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 0

5

0 p R 0 C E E D I N G s 1 2 November 15, 2012

0 THE COURT: Have a seat. 3 B 4 MR. GRAY: Good morning, Judge. THE COURT: Good morning, sir. Ready to 5 0 6 proceed? 7 MR. CALVERT: Just about, Judge. If you'll

0 give me just a moment to finish getting stuff marked. 8 0 THE COURT: All right. 9 10 MR. GRAY: Defense is ready. 0 11 MR. CALVERT: I'll tell you what, Judge, to 12 save the Court time, we have a live witness. Do you want

0 13 to go ahead oh, we need to arraign the Defendant on the 0 14 paragraphs. 15 THE COURT: Go right ahead.

0 16 MR. WARD: Judge, do I need to read the 0 17 entire -- 18 THE COURT: No, just read the enhancements.

0 19 (Enhancement Paragraph One presented.) 20 THE COURT: Hold up. On that first

0 21 enhancement, how do you plead, Mr. Greer? 0 22 THE DEFENDANT: Not true. 23 THE COURT: Not true. All right. Go ahead.

0 24 (Enhancement Paragraph Two presented.) 0 25 THE COURT: On that one, how do you plead?

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0 .

272ND DISTRICT COURT

0 0

6 0 THE DEFENDANT: Not true. 1 THE COURT: Not true will be noted in both 2 0 counts. 3 0 Opening statement? 4 MR. CALVERT: Judge, we'll waive opening. 5

0

MR. GRAY: We will as well.

6 THE COURT: All right. Call your first 7 0 witness. 8 0

MR. WARD: State calls Bryan Ruebush.

9 (Witness sworn.) 10 0

THE COURT: Have a seat. Go right ahead.

11 BRYAN WADE RUEBUSH, 12 0 13 having been first duly sworn, testified as follows: 0 14 DIRECT EXAMINATION · 15 BY MR. WARD:

0 Q. Good morning, sir. Could you state your name and 16 0 17 spell it for the court reporter? 18 A. Yes. Bryan, with a Y, Wade, W-A-D-E, Ruebush,

0 R-U-E-B-U-S-H. 19 Q. And you work for BPD; is that correct? 20

0 A. Yes, sir. 21 0 22 Q. How long have you worked for BPD? A. A little over seven years. 23

0 Q. And are you a certified peace officer? 24 0 25 A. Yes, sir. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

0 0

7 0-- 1 Q. How long have you been a certified peace officer? A. A little over seven years. 2 0 Q. Okay. What's your current assignment with BPD? 3 0 A. I'm a patrol officer. 4 Q. Okay. How long have you been a patrol officer? 5

0 6 A. Roughly five years. 7 Q. What are your duties as a patrol officer?

0 A. Take calls for service, patrol my area, you know, 8 0 self-initiated activity, that kind of thing. 9 Q. Okay. Now, I'm going to direct your attention to 10 0 11 the Defendant. Do you recognize the Defendant? 12 0 A. Yes, I do. 13 Q. How do you recognize the Defendant? 0 14 A. I stopped him in 200- -- stopped him in 2007. 15 Also had to go to court on that in Houston working with

0 16 ATF. 0 17 Q. Okay. Do you remember what day it was that you 18 stopped him?

0 19 A. It was August 8th of 2007. 20 Q. Okay. Do you remember why you stopped him? 0 21 A. Yes. It was an expired registration on the 0 22 vehicle he was driving. 23 Q. Okay. And what happened when you stopped him?

0 24 A. He was arrested for outstanding warrants; and 0 25 during that stop, we found crystal methamphetamine and a DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

D 272ND DISTRICT COURT 0

8

1 gun. Q. Okay. 2

0 MR. WARD: Pass the witness, Judge. 3 0 CROSS-EXAMINATION 4 BY MR. GRAY: 5 0 Q. This was quite some time ago; is that right? 6 A. It was in 2007, yes. 7

0 Q. When you observed him driving, was he violating 8 0 any traffic laws at all? 9 10 A. Other than the expired registration, no. 0 Q. Okay. So, he wasn't driving recklessly or 11 0 12 exceeding the speed limit or endangering anyone that you 13 saw? 0 14 A. No. He didn't try to run from you? 15 Q.

0 16 A. No. 0 17 Q. Whenever you actually placed him under arrest, 18 did he use any force against you at all?

0 19 A. No. 0 Q. He cooperated fully? 20 A. I would say so. 21 0 22 Q. Okay. Now, you indicated that you had searched 23 the vehicle; is that correct?

0 24 A. Yes. 0 25 Q. Did you have a search warrant for 'that vehicle?

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 0

9 o,- . 1 A. No . Q. Okay. When you had placed him under arrest, did 2

0 you, I guess, as you'usually do, place him in handcuffs 3 B put him in the back of the patrol car? 4 5 A. Yes. 0 Q. Okay. So, he was not in a position to get to any 6 type of evidence or weapon or anything like that; is that 7

0 fair to say? 8 '0 A. Yes. 9 Q. Okay. And so, you searched the vehicle; and what 10 0 11 do you find; and where do you find it at? 0 A. There was a black leather satchel in the back of 12 13 a passenger compartment on the very top -- there was a lot 0 14 of stuff in there, but that was the very -- that was the 15 thing on the very top.

0 16 In that black satchel, there was a bank bag; 0 17 and in that bank bag was where the gun was. Also, in that 18 same leather satchel, there was a sunglass case; and in

[l 19 that sunglass, case was .9 grams of crystal 0 20 methamphetamine and drug paraphernalia. 21 MR. GRAY: Judge, we would object to the 0 22 reference as to this being crystal methamphetamines at 23 this point. That's hearsay. There's been no lab report.

0 24 There's been no testimony 0 25 THE COURT: Sustained as to that portion

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0 f 272ND DISTRICT COURT 0 0

10 0- 1 only. MR. GRAY: Okay. 2

0 Q. (By Mr. Gray) So, as to just the -- I guess, the 3 0 firearm, what type of firearm was that? 4 A. I know it was a :380 -- B West .380 handgun. 5 0 Q. Okay. As to that particular weapon or where you 6 found that, was there any kind of identifying information, 7 0

a license or anything identifying or linking that pistol

8 0 9 and where you found it to David Greer? 10 A. Yes. 0 Q. What would that be? 11 0 A. There was a card for his parole officer with the 12 date on it. And while he was in the back of my patrol 13

0 car, he stated to his girlfriend that he had an 14 15 appointment with his --

0 16 MR. GRAY: Objection as to hearsay, Judge. 0 17 THE COURT: Sustained. 18 Q. (By Mr. Gray) Okay. There was some type of a

0 19 parole card, but did you actually visit with any type of a D 20 parole officer to verify any of that information? 21 A. No, but he did state that that was his bag.

0 22 MR_ GRAY: Objection as to hearsay. 23 THE COURT: Sustained.

0 Q. (By Mr. Gray) All right. As to this gun that was 24 0 25 found, was there any kind of testing, any kind of prints

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 0 11 0- run on it or anything of that nature?

1 2 A. Yes.

0 Q. Okay. That was sent off to the lab; is that 3 0 4 correct? A. Our CSI processed the gun. 5 0 Q. Okay. Now, he never tried to go for that weapon 6 7 or anything of that nature; is that right?

0 A. Not for the gun, no. 8 0 Q. Okay. So, he didn't endanger you in any way? 9 10 A. He made -- there were things that he did that 0 11 were suspicious to me that I thought he might hurt me, 12 yes.

0 Q. Okay. Did he -- did he grab the weapon and point 13 0 14 it at you? A. No. There was a club at his right-hand side, 15

0 though, that I think he was trying to go for when I was 16 0 17 talking to him. 18 Q. Okay. You say you think he was trying to go for

0 19 it. Did he pick it up and swing it at you? A. No. 20

0 21 Q. Was it in his hand? 0 22 A. No. 23 Q. And you did not get permission to search that bag

0 24 that was back there in the back of the vehicle? 0 25 A. That's correct. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

0 D

12 0- 1 Q. And you didn't actually get any kind of permission to search any of the vehicle; is that correct? 2

0 3 A. That's correct. n MR. GRAY: Judge, we pass the witness. 4 5 MR. WARD: Nothing further, Judge.

0 6 THE COURT: You can step down, Officer. 7 THE WITNESS: Thank you.

0 8 THE COURT: Call your next. 0 MR. CALVERT: Call Greg Silber. 9 ·1o Your Honor, may Officer Ruebush be finally o· 11 excused? 0 12 THE COURT: He's finally excused. 13 (Witness sworn.)

0 14 THE COURT: Have a seat. Go right ahead. 15 GREG SILBER,

0 16 having been first duly sworn, testified as follows: 0 17 DIRECT EXAMINATION 18 BY MR. CALVERT:

0 19 Q. Would you state your name for the record? 0 20 A. Greg Silber, S-I-L-B-, as in boy, -E-R. 21 Q. And what do you do for a living? 0 22 A. I'm an investigator with the Brazos County 23 District Attorney's Office.

0 24 Q. How long have you done that? 0 25 A. Four years.

DENISE C.PHILLIPS, CSR

u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n

13 0 Q. And prior to that, what did you do? 1 A. I spent 27 years as a San Antonio police officer 2 0 3 before I retired from them; and then, I spent three and a A 4 half years with the College Station Police Department 5 before moving to the D.A. 's Office. 0 Q. So, you've been a certified peace officer for how 6 7 long? 0 A. Getting pretty close to 35 years now. 8 0 Q. And in your career, have you received specialized 9 10 training with regards to fingerprint identification, 0 detection and comparison? 11 0 12 A. I have. 13 Q. And describe for me briefly what that training 0 14 is. 15 A. I've had over 500 hours of specialized training

0 16 in fingerprints and comparison, classification. Besides 0 17 the training -- just having the training, I've also taught 18 courses in fingerprint classification and fingerprint 0 19 comparison. Spent over eight years in the San Antonio 0 20 Police Department Latent Office doing comparison of crime 21 scene prints, going to the morgue, identifying deceased

0 22 persons that were unknown. 23 Q. And in your' career as a police officer and as an

0 24 investigator, have you had occasion to put that training 0 25 to use on actual cases?

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 D

14 [l A. I have. 1 2 Q. On many occasions?

0 3 A. Many. B MR. CALVERT: May I approach the witness, 4 5 Judge?

0 THE COURT: You may. 6 Q. (By Mr. Calvert) Investigator Silber, I'm going to 7

0

show you what I've marked for identification purposes as

8 [l State's Exhibit 24; and I ' l l ask you if you recognize 9 10 that? 0 11 I do. A. 0 12 Q. And what is that? A. It's two inked impressions of the Defendant's 13 0 14 right thumb. Q. And who took those fingerprints of the 15

0 16 Defendant's right thumb? D 17 I did. A. 18 Q. And when did you take those? Was it today?

0 19 A. Yeah, about 15 minutes ago. Q. Okay. And when you say, "the Defendant," the 0 20 21 person who's thumbprints are on State's Exhibit 24, is 0 22 that the Defendant in this. case, Dave Greer? 23 It is. A.

0 24 Q. I now want to -- 0 25 MR. CALVERT: Well, first of all, at this

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 n

15

0~ point, Judge, I will offer for all purposes State's 1 Exhibit 17, which is a certified copy of a judgment. It's 2 0 3 previously been shown to Defense counsel. This is the one 0 that they stipulated to yesterday. 4 (State's Exhibit No. 17, Judgment and 5

0 6 Sentence, offered. MR. GRAY: Judge, we would -- well, a couple 7

0 of things. We would object as.to the Judgment and 8 0 Sentence being hearsay and not properly authenticated. 9 10 Also, we stipulated to the fact that he had been convicted 0 of a felony and that five years had not expired since his 11 0 12 rele~se of supervision. But we did not specifically stipulate to any particular judgment. We just -- there 13 0 14 was just -- there was no judgment offered. There was no stipulation to judgment. We stipulated as to those facts. 15

0 16 THE COURT: I understand. Why do you object D 17 to the actual judgment when you've already stipulated that 18 it•s true? 0 19 MR. GRAY: Just that. We have not -- we 0 20 have stipulated that he is a felon and that it was within 21 five years of the expiration of his being released from 0 22 the supervision, as to that element of the guilt/innocence 23 u 24 phase. But we have in no" way stipulated to any Judgment ·and Sentences, any prints, anything of that nature. 0 25 The judgment also contains additional

DENISE C.PHILLIPS, CSR

u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0

16

1 allegations, Judge, these enhancement paragraphs, which we are not stipulating toi and we. are -- we object to as 2

] 3 well. } 4 MR. CALVERT: Briefly, Judge. The 5 stipulation that was signed by both the Defendant and his

J . 6 counsel yesterday -- I don't recall the exhibit, but it 7 was offered int6 evidence in front of the jury --

1 8 specifically states that the David Greer who is the 9 Defendant in this case is one and the same individual who

·} ' . 10 was convicted in the cause number from this judgment, ]

11 State's Exhibit 17, for possession of methamphetamine,

12 which this judgment is for. 13 And as to the hearsay objection, this is a 14 certified copy of a public document. It's not hearsay. 15 So, the Defendant has already stipulated on the record and 16 in evidence that he is one and the same individual that is 17 listed -- that was convicted in this case right here.

J 18 That links this judgment to him. l 19 The only other hurdle you have to get over 20 is hearsay, and it's not hearsay because it's a certified

J

21 copy of a public document. 22. THE COURT: I overrule the objectipn.

J

23 Q. (By Mr. Calvert) Investigator Silber, I'm going to 24 refer you now 25 THE COURT: It's admitted.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .272ND DISTRICT COURT

0

17

0- (State's Exhibit No. 17 admitted.) 1 Q. (By Mr. Calvert) I'm going to refer you now to 2

0 what's just been admitted as State's Exhibit No. 17. Is 3 B 4 this a judgment for a felony of possession of methamphetamine 5 0 6 A. It is. Q. out of Grimes County in 1997? 7

0 It is. 8 A. 0 Q. Now, I'm going to flip to the second page of 9 that of State's Exhibit No. 17, and does it appear that 10 0 this is a judgment from a jury trial? 11 A. It does. 0 12 13 Q. And is there a finding in State's Exhibit 17 by 0 14 the jury that the same Defendant was also convicted in 15 Cause No. 15341 in the 85th Judicial District Court in

D 16 Brazos County of burglary of a habitation? 0 17 MR. GRAY: Judge, can I have a running 18 objection, so that I'm not interrupting constantly as

0 19 to -- 20 THE COURT: Yes, you may have a running 0 21 objection -- 0 22 MR. GRAY: -- hearsay? 23 THE COURT: -- as to State's 17 and any 0 24 information contained therein. 0 (By Mr. Calvert) Did the jury find that to be 25 Q. DENISE C.PHILLIPS, CSR 0/

OFFICIAL COURT REPORTER

~72ND DISTRICT COURT 0 n

18 0- true? 1 It did. 2 A.

Q. And with respect to that case, Cause No. 15341, 3 B I'm now going to refer you to what I've marked for 4 identification purposes as State's Exhibit 19-A. That's 5 ,Q 19-Alpha. I'm going to ask you to look at that and tell 6 me if you recognize what that document is. 7 0 A. It's a judgment. 8 0 Q. Is that a certified copy of a judgment bearing 9 10 that same cause number, 15341?

D

11 It is. A. Q. And is that out of the 85th in Brazos County? 0 12 13 It is. A. 0 Q. Is it for burglary of a habitation? 14 15 It is. A.

0 16 Q. Now, if you flip to the second page of State's D 17 Exhibit 19-A, is there a thumbprint made on the second 18 page of State's Exhibit 19-A?

0 19 A. There is. Q. Did you have occasion this morning to compare the 0 20 21 thumbprint on State's Exhibit 19-A to the prints that you [1 22 took off of the Defendant today? 23 A. I did.

0 24 Q. And what did you find? 0 25 A. They were one and the same.

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER i272ND DISTRICT COURT I

0 []

19 0 Q. They came from the same individual? 1 2 A. Correct.

lJ

Q. Okay. Now, I'm now going to refer you to State's

3 0 Exhibit 19. Do you recognize that as a certified copy of 4 5 what's called a pen pack? D A. I do. 6 Q. And is a pen pack just a certified document from 7

0 8 TDC containing judgments, essentially? 0 A. Correct. 9 Q. Is one of the judgments in this pen pack that 10 0 same case, Cause No. 15341 out of Brazos County? 11 0 12 It is. A. Q. And does this same pen pack, does it belong to an 13

(J individual named Dave Greer? 14 A. It does. 15

0 Q. And does it assign that individual a particular 16 0 17 TDC number? 18 A. It does.

0 19 Q. Does this pen pack contain the judgment for -- 0 20 the same judgment for Cause No. 15341? A. It does. 21 0 22 Q. Does the same pen pack also contain a separate 23 judgment for a separate offense, Cause No. 15269? 0 A. It does. 24 0 25 MR. CALVERT: Judge, at this point, I'm

DENISE C.PHILLIPS, CSR

Q OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 n

20 n going to offer State's Exhibits 19 and 19-A . . These have 1 previously been shown to Defense counsel, and they -- both 2

D 3 of which are certified copies of public documents. 4 (State's Exhibits No. 19 and 19-A, Pen

D Packet and Judgment and Sentence, offered.) 5 D MR. GRAY: Can I take the witness on voir 6 7 dire?

0 THE COURT: Yes, sir. 8 0 VOIR DIRE EXAMINATION 9 10 BY MR. GRAY: 0 11 Q. As to State's Exhibit 19, that contains 12 several -- appears to be several fingerprints. You were 0 13 not able to identify those 0 14 A. No, they're 15 Q. As to David Greer; is that right?

0 16 A. They're very poor quality. No. 0 17 Q. Okay. And there is a photo contained therein, 18 but you're not a photograph expert?

0 19 A. No. D 20 Q. Okay. 21 MR. GRAY: Judge, we would object. We have 0 22 a running objection as to the Judgment, 19-A. We have no 23 additional.objections as to that. But as to 19, we would

0 24 object, Judge, that it hasn't been properly authenticated. 0 25 It's hearsay. It may appear to be a Judgment and

DENISE C.PHILLIPS, CSR

u OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 0

21 Sentence. There is a photograph contained therein, but ~ 1 there is -- has been no testimony to identify this 2 0 3 photograph as being one and the same. B 4 In addition, Judge, the prints do not match 5 my client's. And I don't think it's proper -- 0 6 THE COURT: You mean, you can't compare 0 7 them? MR. GRAY: You can't compare them, the 8 D 9 quality of -- and I don't think it's proper to simply take 10 one judgment that we've objected to -- and I know it's 0 11 been admitted, but incorporate it into this judgment; and 0 12 therefore, this judgment is okay. I don't think that's 13 the way it works, and I don't think that's proper. D 14 If they want to prove up that pen pack, I 15 think they need to have identifying prints or someone from 0 16 TDC to testify as to that. D 17 MR. CALVERT: May I respond, Judge? 18 THE COURT: I'm not sure I follow how you're 0 19 trying to do this. It's all convoluted. 20 MR. CALVERT: Certainly, Judge, I can

0 21 explain it. 0 22 THE COURT: Okay. 23 MR. CALVERT: State's Exhibit 19-A, which

0 24 the Defense, I believe -- and correct me if I'm wrong, 0 25 Earl -- the Defense has no further objection to 19-A. DENISE C.PHILLIPS, CSR . g OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n

22 0-- MR. GRAY: No further objection. 1 THE COURT: 19-A is admitted. 2

0 3 (State's Exhibit No. 19-A admitted.)

D

4 MR. CALVERT: 19-A is a felony judgment for 5 burglary of a habitation that contains a good fingerprint

0 that has been compared to and matched to this Defendant. 6 7 So, 19-A, there's no question. It's a certified copy of a

0 good judgment that is linked to this Defendant. 8 D 19-A is also listed in -- as one of the 9 10 priors that the jury found to be true in State's Exhibit D 11 17, which has already been admitted and stipulated to by 12 the Defendant that he is one and the same individual. 0 13 So,· that conviction for that case,

D

14 specifically Cause No. 15341, is sufficiently linked to 15 this Defendant. That gets us to State's Exhibit 19, which

0 16 is a pen pack which also contains that same judgment. The 0 17 same judgment that is represented by 19-A, Cause 18 No. 15341.

D 19 Specifically, State's 19 is a pen pack 20 relating to an individual named Dave Greer; and it is

D 21 assigned a particular TDC number, 408765. Contained 0 22 within that same pen pack under that name and that TDC 23 number, as I said, is the same judgment, State's Exhibit

0 24 19-A, Cause No. 15341, as well as an additional judgment, D 25 Cause No. 15269, also out of Brazos County, also out of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

D 272ND DISTRICT COURT D 23 the 85th, also on a defendant named Dave Greer with the 1 l-

same prosecutor, the same defense attorney, the same

judge.

THE COURT: So, it's kind of a circumstantial proof of the same? MR. CALVERT: Certainly, Judge; and that gets to the next thing I was going to talk about. Mr. Gray refers to the lack of identifiable prints with respect to -- and really the only judgment here we're talking about is Cause No. 15269, because we have a good print on the other one.

And there's lots and lots of case law that goes back a long way on how you prove up judgments, and there are -- there's nothing magical about fingerprinta.

15 There's two hurdles you have to get over. 16 One, you have to show that it's a -- you can 17 get over hearsay. It's a certified copy of a public document. 18 19 The second hurdle is you have to link it 20 somehow to the individual who's on trial. But there is no 21 one exclusive way of doing that. There's a variety ways 22 of doing that. 23 And specifically, one case that I know of is 24 Flowers v. State, and the cite for Flowers v. State is 220 25 S.W.3d 919. In that case, they actually didn't have a

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT n

24

certified copy of a -- it was a DWI case. They didn't 1 ~· have a certified copy of the judgment. They had a docket 2 D 3

entry off the court's jacket and a certified copy of the B 4 defendant's driver's license pack which listed a conviction. But there actually was no certified copy of 5

0 6 the judgment. 7 Another case is Paschall, P-A-S-C-H-A-L-L,

D v. State, that's cited as 285 S.W.3d 166. And like I 8 0 said, there's a litany of cases on this. These are just 9 10 two that I grabbed this morning. 0 11 The point of this, Judge, is the Court talks 0 12 about in here -- and I'm reading from Paschall -- to 13 establish the defendant has been convicted of a prior

0 14 offense, the State must prove beyond a reasonable·doubt 15 that, one, a prior conviction exists; and, two, the

0 16 defendant is linked to that conviction. And they cite D 17 Flowers on that, which is the other case that I just 18 cited. No specific document or mode of proof is required

0 19 to prove these two elements. While evidence of a 20 certified copy of a final judgment and sentence may be a

0 21 preferred and convenient means, the State may prove both 0 22 of these elements in a number of ways, including 23 documentary proof such as a judgment that contains

0 24 sufficient information to establish both the existence of 0 25 a prior conviction and the defendant's identity as the DENISE C.PHILLIPS, CSR D OFFICIAL COURT REPORTER 272ND DISTRICT COURT D 25 person convicted. Any type of evidence, documentary or testimonial, might suffice.

THE COURT: All right. I ' l l admit it. (State's Exhibit No. 19 admitted.) THE COURT: The objection is overruled. DIRECT EXAMINATION (CONTINUED)

BY MR. CALVERT: Q. All right. State's Exhibit 19, which has just been admitted, Investigator Silber, you told us earlier contains the same judgment for burglary of a habitation that's listed iri 19-A; is that correct?

A. That's correct. Q. Does it also contain a separate judgment for

Cause No. 15269 against this Defendant for another burglary of a habitation?

A. It does. Q. 17 Now, I'm going to refer you to State's Exhibit 18 18. Is that another pen pack? 19 A. It is. Q. 20 Is that a certified copy of a pen pack? 21 A. It is. 22 Q. And is there a cause number for the judgment 23 contained in State's Exhibit 18? 24 A. There is. 25 Q .. And what is that cause number?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 0

26

0-- A. It's 1717585. 1 Q. Is that the same cause number that is also 2 0 referenced in and found true in the judgment contained in 3 0 4 State's Exhibit 17? A. It is. 5 0 Q. And is that also -- does the court in this 6 7 exhibit, the 85th in Brazos County, match the court

0 referenced in State's Exhibit 17? 8 0 A. It is -- it does. 9 Q. Is it also for an individual named Dave Greer? 10 0 11 It is. A.. 12 Q. All right. I'm also going to -- 0 13 MR. CALVERT: Well, at this point, Judge, 0 14 I'm going to offer State's Exhibit 18 on the same basis. 15 It's a pen pack for that cause number.

0 16 (State's Exhibit No. 18, pen packet, D 17 offered.) 18 THE COURT: Same objection? 0 19 MR. GRAY: Can I take the witness on voir 0 20 dire, Judge? 21 THE COURT: Yes. D 22

VOIR DIRE EXAMINATION

23 BY MR. GRAY: 0 24 Q. In regards to State's Exhibit 18, there's also a 25 set of prints included on the last sheet. You were not D DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

w -

272ND DISTRICT COURT

0 0

27 0-- able to link those prints to my client, David Greer; is 1 2 that correct?

D 3 A. They're not identifiable, no. 0 4 Q. Okay. MR. GRAY: Pass the witness. 5

0 6 Judge, we would -- we would object under the same rationale that we objected to the prior exhibit, that 7

0 they have not provided sufficient evidence to prove up his 8 0 9 identity and link him to that particular judgment. 10 THE COURT: Overruled. It '11 be radmitted. 0 11 (State's Exhibit No. 18 admitted.) 12 0 DIRECT EXAMINATION (CONTINUED) 13 BY MR. CALVERT: 0 14 Q. Mr. Silber, I now want to refer you to -- well, 15 actually, before we move on, State's Exhibit 18, which was

0 16 just admitted, is that a Judgment of Conviction for the 0 17 felony offense of theft? 18 It is. A.

0 19 Q. And was the Defendant sentenced to five years in 20 TDC? 0 21 A. He was. 0 22 Q. Now, I want to refer you to what I've marked for 23 identification purposes as State's Exhibits 22 and 23.

0 24 Are both of those certified copies of public documents? 0 25 A. They are. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

D

0

28

0 is that a certified Q. State's Exhibit 22, is 1 2 copy of an indictment?

D A. It is. 3 B Q. And State's Exhibit 23, is that a certified copy 4 5 of the judgment that goes along with that indictment? 0 It is. 6 A. Q. Does State's Exhibit 23 contain a set of 7

0 fingerprints? 8 0 A. It does. 9 ·10 Q. And were you able to compare the fingerprints 0 11 from State's Exhibit 23 to the Defendant in this case and 0 12 the fingerprints you took from him? 13 A. I did. 0 14 Q. And what did you find? 15 A. I found that they belonged to the Defendant.

0 16 MR. CALVERT: Judge, at this point, we'll 0 17 offer State's Exhibits 22 and 23, both of which are 18 certified copies.

0 19 (State's Exhibits No. 22 and 23, Indictment 0 20 and Judgment and Sentence, offered.) 21 MR. GRAY: Judge, we would have no 0 22 additional objections other than what we've -- have a 23 running objection as to State's Exhibit 23.

0 24 THE COURT: Objection is overruled. 22 and 0 25 23 are admitted.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

[J 0

29 n. (State's Exhibit No. 23 admitted.) 1 MR. GRAY: Well, as to 22, Judge, I have a 2

0 separate objection. 3 B THE COURT:' Okay. 4 5 MR. GRAY: As to 22, there's no prints, .and 0 I'd also object to relevance. It's an indictment. An 6 7 indictment i~ no indication of guilt, and I would -- I

0 would also object that it's unduly prejudicial. It's also 8 0 cumulative. We would object to 22. 9 10 THE COURT: Why are you offering an 0 11 indictment? 0 12 MR. CALVERT: It shows what he was charged 13 with -- specifically what the allegation was that he 0 14 ultimately -- they pled him down to a lesser. 15 MR. GRAY: Judge, I would object as to

0 16 relevance. It's not relevant as to what he was charged 0 17 with. 18 THE COURT: I'm going to sustain the

0 19 objection to 22. 20 Q. (By Mr. Calvert) State's Exhibit 23, which was 0 21 just admitted, is that a Judgment of Conviction for this 0 22 Defendant from October of 2010, convicting him of theft? 23 It is. A.

0 24 Q. And was he sentenced to serve one year in the 0 25 Burleson County jail?

DENISE C.PHILLIPS, CSR

o·· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n

30 0- 1 A. He was. 2 Q. I'm now going to refer you to State's Exhibits 20

0 3 and 21. Are both of those certified copies of public 0 4 documents as well? 5 A. They are. 0 6 Q. And do both of those contain a thumbprint? 7 A. They do.

0 8 Q. And did you have occasion to compare the 0 9 thumbprints in State's 20 and 21 to the Defendant? 10 A. I did. 0 11 Q. And what did you find? 12 A. I found that the thumbprints in 20 and 21 do 0 13 match the Defendant. 0 14 MR. CALVERT: We would offer State's 20 and 15 21.

0 16 (State's Exhibits No. 20 and 21, Judgment 0 17 and Sentences, offered.) 18 MR. GRAY: No additional objections to those

0 19 two, Judge. 20

0 THE COURT: Those objections are overruled. 21 20 and 21 are admitted. 0 22 (State's Exhibits No. 20 and 21 admitted.) 23 (By Mr. Calvert) With respect to State's 20, is-

Q. 0 24 that a Judgment of Conviction for evading arrest from here 0 25 in Brazos County? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

0 u

31 0 1 A. It is. Q. Is that in 1997? 2

D

3 It is. A. B Q. And State's Exhibit 21, is that a conviction for 4 5 reckless driving? 0 6 It is. A. Q. Here in Brazos County from 1997? 7

D

8 It is. A. 0 Q. Okay. Now, I want to go back to State's Exhibit 9 17. This was the original judgment that I asked you 10 0 about. What's the date of that judgment? 11 A. It's going to be November 6th of '97. 0 12 Q. And is that a conviction of possession of 13 0 14 methamphetamine? 15 It is. A.

0 16 Q. And does it indicate that he received a 0 17 punishment of 40 years, four zero years in TDC? 18 A. It does.

0 19 Q. Okay. Referencing you to State's Exhibit 19, the 20 pen pack that contains ·two convictions for burglary of a

0 21 habitation, flipping to the third page of State's Exhibit 0 22 19, is that a judgment granting this Defendant deferred 23 adjudication probation?

0 24 A. Correct. 0 25 Q. Flipping to the next page, does it indicate a

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND

DISTRICT COURT [! 0

32

o .. number of violations of his probation that were alleged 1 2 against the Defendant?

0 A. It does. 3 0 Q. Specifically, that he used marijuana, correct? 4 5 A. Correct.

[1 MR. GRAY: Judge, I would object to anything 6 7 contained therein as hearsay. Also, it's not relevant.

0 It's unduly prejudicial. If they want to bring in those 8 0 9 particular people to testify to that, bring in lab 10 reports, testing, that kind of stuff, that's one thing. 0 11 But to just reference particular bad acts that may or may 0 12 not exist and violations that may or may not exist, we 13 would object. 0 14 THE COURT: This is in the pen pack? 15 MR. CALVERT: It's in the pen pack, Judge.

D 16 THE COURT: What do you say to that? 0 17 MR . .CALVERT: Judge, this document 18 THE COURT: Underlying charges?

D 19 MR. CALVERT: Well, if you'll let me, Judge 0 20 I can clear that up with one question from this witness. 21 THE COURT: All right. 0 22 Q. (By Mr. Calvert) I'm going to flip back to -- 23 THE COURT: I've got your objection under

0 24 advisement now. 0 25 Q. (By Mr. Calvert) I'm going to flip back a couple

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 0

33 Is this an Order Revoking 0--- 1 of pages in State's Exhibit 19. .2 Probation and convicting the Defendant of the offense for D which he was placed on deferred? 3 B 4 It is. A. Q. And does this contain the same allegations that 5 0 were listed violating his probation just a minute ago on 6 7 that other page?

0 8 A. It appears to be. 0 9 Q. And were they found true by the Court? 10 A. Yes, sir. 0 is one of those violations a 11 Q. Okay. Did 12 criminal trespass? 0 13 A. Yes. 0 MR. GRAY: May I continue to have a running 14 u 15 objection as to any references contained therein as to any 16 unadjudicated act? In addition, Judge, we're not 0 17 objecting in regards to 404(b) notice as to any of the 18 judgments. They have given me notice on that. I do not

0 19 have any notice in regards to bad acts contained within 20 t~at Judgment and Sentence.

0 21 THE COURT: You do have an objection to bad 0 22 acts within that? 23 MR. GRAY: Yes, I do.

0 24 THE COURT: They weren't furnished to you? 0 25 MR. GRAY: That would be notice as well,

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

0 0

34 0- 1 Judge. I mean, those weren't listed on 404(b) notice as to -- you know, they're going to go through 57 Condition I 2

0 3 violations, that, one, I haven't received 404(b) notice 0 4 to; two, that we have -- they still have to prove all of 5 this stuff beyond a reasonable doubt for you to consider

0 6 it. 7 And I don't think we can just take a

0 8 Judgment and Sentence yes, if it's a certified copy, 0 9 that J and S may come in for the purpose to establish that , 10 he committed this act or revoked or was sentenced, but not 0 11 every piece of hearsay within hearsay contained within 0 12 that document. 13 THE COURT: Well, I'm going to admit the

0 14 document, but I'm going to take it only as a basis to 15 revoke and not the truth of the prior allegations.

0 16 Q. (By Mr. Calvert) Did -- was one of the allegations 0 17 found true by the court that criminal trespass? 18 A. Correct.

8 19 THE COURT: And your running objection is 20 granted. 0 21 . MR. GRAY: Okay. Thank you. 0 22 Q. (By Mr. Calvert) And is -- what was that violation 23 for?

0 24 A. Marijuana. D 25 Q. And the next one?

DENISE C.PHILLIPS, CSR

o· . OFFICIAL COURT REPORTER 272ND DISTRICT COURT D 0

35 0--. A. Methamphetamines. 1 2 Q. And the next one?

0 3 A. Methamphetamines. 0 4 Q. Does it also say he was hanging around people that he wasn't supposed to be hanging around? 5 0 6 A. Correct. 7 Q. Did he also -- does it indicate the Defendant

G admitted to his probation officer that he left the county 8 0

without notifying his probation officer or the court?

9 10 A. It does. 0 11 Q. And did he also have some technical violations 0 12 for not paying fees and that kind of thing? 13 A. Correct. 0 14 Q. Does it also indicate that he failed and was found true to have failed to participate in counseling 15

0 16 that he was ordered to do? 0 17 A. It does. 18 Q. And for this offense, was he sentenced to

0 19 ten-years confinement in TDC? D 20 A. He was. 21 Q. In the other judgment that's in here, in this D 22 same pen pack, was he sentenced to five-years confinement 23 in TDC?

0 24 A. He was. 0 25 MR. CALVERT: Judge, I would offer -- just

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 n

36 0 to keep it all together, I would go ahead and offer 1 State's Exhibit 24, which is the fingerprint card. 2

0 (State's Exhibit No. 24, fingerprint card, 3 0 offered.} 4 MR. GRAY: Judge, we have no obj'ection to 5 D 6 that. THE COURT: 24 is admitted. 7

0 (State's Exhibit No. 24 admitted.} 8 n MR. CALVERT: I'll pass the witness, Judge. 9 10 CROSS-EXAMINATION 0 11 BY MR. GRAY: 12 Q. As to everything that you've testified in regards

0 13 .to the Judgment and Sentences, you don't have any personal 0 14 or direct knowledge as to any of those allegations or any 15 of the facts contained in any of those allegations; is

0 16 that right? 0 17 A. I do not. 18 MR. GRAY: Pass the witness.

0 19 MR. CALVERT: No further questions, Judge. u 20 We'd ask that he be finally excused. 21 THE COURT: You're finally excused.

0 22 THE WITNESS: Thank you, Your Honor. 23 THE COURT: Call your next.

0 24 MR. CALVERT: We'll rest, Judge. 0 25 MR. GRAY: Judge, we would waive any kind of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

0 n L

37

0-- opening at this point, but we would call Kenneth Greer to 1 2 the stand.

0 THE COURT: Okay. 3 B (Witness sworn.) 4 THE COURT: Have a seat. 5 n 6 KENNETH GREER ^[1] having been first duly sworn, testified as follows: 7 0 8 DIRECT EXAMINATION 0 9 BY MR. GRAY: 10 Q. Mr. Greer, can you hear me okay? D 11 A. Yes. Q. Okay. And how are you related to David Greer? 0 12 13 A. He's our first son. 0 Q. Okay. And do you -- do you and your wife have 14 any other children? 15

0 16 A. We have one. 0 17 Q. Okay. Is that a brother? 18 A. He's got another son.

0 19. Q. Okay. And I kind of want to do this in a 20 piecemeal thing. I'd like to talk about the first part of

0 21 his life with you and the later part with his mom. But 0 22 going back to his childhood, did -- how far did he get in 23 school?

0 24 A. I believe he completed the ninth grade here in D 25 Bryan public schools.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 8

272ND DISTRICT COURT

0 0

38

o-. 1 Q. Okay. How did he do in school? A. He did fairly well. I mean, he passed. 2

0 3 Q. Okay. In visiting with his teachers, was it a 0 situation that he could have done better if he applied 4 5 himself? 0 6 A. Oh, yeah, from what his teachers told us, yeah, n 7 they said if he had-- he could have done a lot.better. 8 Q. Okay. 0 9 A. Because he had the inteliigenc~ to do it. 10 Q. Okay. And, in fact; did -- and I understand this 0 11 may have occurred ~hile he was incar~erated, btib did he obtain his GED? · 12 0 13 A. Yes. Yes, he did. 0 14 Q. And do you know how well he did? A. Well, from what we understand, he made one of the 15

0 &-i '.' _,,...... . 16 highest grades ever made over in Linden School. 0 17 Q. Okay; Was he actually required to retake it 18 because they didn't belie:ve he scered .so high?

0 19 A. Well, I don't know if h~ retook it, but they 20 tried to make him retake it. But it was never -- I'm not 0 21 for sure if he had to retake it or not.· 0 22 Q. Okay. Did he have a normal childhood for the 23 most part?

0 24 A. Yes, as far as -- you know, as far as what we 0 25 consider normal nowadays, you know.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

0 D

39 1 Q. Okay. And at some point, he started getting in trouble with the law; is that right? 2 A. Yes. 3 Q. About when was that, do you think? 4 5 A. Oh, I think, like, 16 .. I think he was around 16

0 _7 years old. 6 n Q. Okay. What do you attribute that to, if 7 anything? 8

8 9 A. Well, we found out he was running with some older 10 guys; and what I've read through the years, these older

I1

11 guys have gotten into trouble themselves and have been 0 12 adjudicated in cases. Q. Not to make any excuses -- 13 0 14 A. Right. Q. -- for David. 15 I mean, he can choose whatever

0 ,· 16 direction in life he wants to go? D 17 A. Exactly. 18 Q. What kind of person is he?

0 19 A. A very good person. Good natured person. A 20 helpful person. When I need help, you know, he's always

0 21 there, you know. 0 22 Q. Okay. And I -- and you've heard all the 23 allegations that the State has -- and you were here during

0 24 the jury trial as well; is that right? 0 25 A. Yes.

DENISE C.PHILLIPS, CSR

,o··· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 40 Q. Okay. And you've -- you've listened to some of 1 n u 2 the some of the allegations and the judgments and the crimes that the State's alleged that he has committed. 3 B 4 So, he's had some problems in the past with the law; is 5 that fair to say?

0 I have to agree to that. 6 A. Uh-huh. 7 Q. Okay. He has paid for those convictions. Is

0 that a true indicator of who he is? 8 0 9 A. Not really. I mean, just bad choices and -- but 10 as far as an individual, he's a good person, you know.

D

11 Q. Obviously, this is a -- this is the type of case 0 12 that the Judge has the ability to sentence him in a wide 13 variety of time in the penitentiary. But in all

0 14 likelihood, he will go to prison for a period of time. Do 15 you understand that?

0 16 A. Yes. Uh-huh. 0 17 Q. Okay. But obviously ^[1] there's an ability to 18 parole out. At that point, do you think if he's given

0 19 that opportunity to come back out, he'd be okay in 20 society?

0 21 A. Well, we've been visiting with him at the jail; 0 22 and he told us the other day, "I think it's ~ime for a change." 23

0 24 Q. Okay. I know it's late in life, obviously, for 0 25 him; but I guess folks can change at any time?

DENISE C.PHILLIPS, CSR

o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 fl ,)

41 A. Correct. 1 D--- _J MR. GRAY: I'll pass the witness.

2 _o THE COURT: How old is he? 3 0\ MR. GRAY: He's 45. 4 5 THE WITNESS: Forty-five. Uh-huh. 0 THE COURT: Okay. Go ahead, sir. 6 7 CROSS-EXAMINATION 8 8 BY MR. WARD: 0 Q. Mr. Greer, I just have a few questions for you. 9 10 You said David's your first son? 0 11 A. Yes. 12 Q. And you love him? 0 13 A. Oh, yes. D 14 Love him more than probably anything in the Q. 15 world? 0 16 A. Well, all my family, yeah. I don't love him any 0 17 more than I love my other son, you know. 18 Q. But you don't want to see anything bad happen to

0 19 him? 20 A. Oh, no. I don't think anyone -~ if anyone ever 0 21 wants to see something bad with their children, there's 0 22 something wrong with them. 23 Q. And you've been there for him his whole life?

0 24 A. Consistently. 0 25 Q. And you provided him advice about the things that

DENISE C.PHILLIPS, CSR

0' OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n

42

0 1 he's been doing wrong in his life? 2 A. Oh, ye~.

0 Q. And you know all the bad things that David has 3 0 4 done throughout his life? 5 A. Yes. Uh-huh.

0 6 Q. And you know that in order to stop doing the 7 things that he's doing, he's going to have to change his

0 8 ways? 0 9 A. Yes, I sure do. I mean, yeah. 10 Q. And that he's had multiple opportunities. In 0 11 fact, this will be his fourth felony conviction; and he 0 12 still hasn't changed his ways. 13 A. Is that a question you're making to me? D 14 Q. Yeah. 15 A. I mean, did you ask me a question? 0 16 Q. Did you know this is going to be his fourth 0 17 felony conviction? 18 A. I didn't know which number it would be.

D 19 Q. But you know he's had multiple felony 20 convictions?

0 21 A. Oh, yes, I knew he had two different numbers. 0

22

Q. Did you know his last conviction was for 40 23 years? 0 24 A. Yes. Yes. 0 25 Q. And you don't think that that would be enough --

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 l ~· 43 l enough motivation for him to change his wa~s back in 1997? 1 :~ I mean, you know, because I can't say yes or no. 2 A. l he paroled out in '05; and, I mean, I know what y'all have J 3 } shown here; but yes, he's done good, too, you know.

4 Q. Did you talk to him about changing his ways after 5

1 he paroled out? 6 7 A. Oh, yes. Uh-huh.

1 Q. Did you know that he was arrested in 2007 for 8 9 carrying a gun and having suspected drugs on him?

J A. That drug part is brand-new to me, but I knew 10 } about the gun thing. It was -- it was thrown out, is all 11 I know. He was never prosecuted for it. 12

] Q. · Do you know that between the time that he went to 13 ~ ja~l for 40. years in Grimes County in his first couple of 14

J

felonies, he had another unlawful possession of a weapon? 15 ~ Did you know that? 16 17 A. No, I don't know that one.

J

18 Q. Okay. Do you know he was in jail in Burleson J 19 County 20 A. Yes. 1

J

Q. -- in 2010?

21 22 A. Yes, which I think was reduced to a misdemeanor.

J

23 I don't know. I mea~, that's what I understood. I don't ~ ~ know.

24 25 Q. David has children; is that correct?

l. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

J 272ND DISTRICT COURT 44 A. Yes, three. Q. All boys or boys and girl? One girl and two boys. A.

One girl and two boys. Okay. What kind of

Q.

effect has his life had on his children? A. Not a positive one, but yet all three of them still love him. Q. Okay. What do you mean by not a positive effect? A. I mean, they see what's going on; and they want

to not do the same things, put it that way. Q. Isn't it true that they've been in and out of trouble as well? A. No, one has. Q. Okay. A. And he was a minor at that time, and he's doing

good now. Q. Okay. A. The other two, the daughter has a -- his first

grandchild, our first great grandbaby. MR. WARD: Nothing further, Your .Honor. REDIRECT EXAMINATION BY MR. GRAY: Q. Mr. Greer, you've -- you've worked very close with my law firm; is that right, ov~r the last, I guess, nine months?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT l 45 J )

1 A. Several months. \ !····

Several months. And you've assisted in any

Q.

possible way that you can in his defense, and you've always cooperated with us and everything, didn't you?

A. Yes. Uh-huh. MR. GRAY: Pass the witness. MR. WARD: Nothing further, Judge. THE COURT: You can step down, sir. Call your next. MR. GRAY: We would call Ms. Greer, his mom,

Judge. (Witness sworn.) THE COURT: All right.

ANNETTE GREER,

having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. GRAY: Can you state your name for the record? Q. A. Annette Greer. 19 20 Q. Annette, I apologize. I know you corrected me 21 yesterday. I think I left you some messages and called 22 you Lynette. So, I apologize for that. How are you related to David? 23 His mother . 24 . A. Okay. And we've already heard from his father 25 Q.

DENISE C.·PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 46 that he has another sibling, a brother; is that right? A. Uh-huh. Q. Okay. And I know his dad had mentioned his

children. What are their -- two boys and one girl; is that right?

A. Uh-huh. Danielle is 23. Q. Okay. What are their ages? She's 24 and has the grandbaby. A. Q. Okay. A. And David Wayne is 20, fixing to be 21. And

Damian, his youngest, is fixing to be this month 16. Q. Okay. And his daughter just recently had a 12

1 t 13 grand -- a child? 14 A. Uh-huh. He's two. Q. He's two. Okay. And has David had an 15 16 opportunity to see the child? 17 .A. Oh, yeah, they're close . 18 Q. Okay. 19 A. That's what possessed him to straighten his life 20 up. 21 Q. Okay. Now, I guess that would be -- that would 22 be his only grandchild; is that right? 23 A. Uh-huh. 24 Is it a boy or girl? Q. 25 A. A little boy.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 47 t .. ^[1] Q. A boy. 1 Okay. We've heard some about his growing up 2 as far as his school life and talked a little bit about 3 4 his children. 5 Would you agree with your husband/ his

father, that, at some point, he started getting in trouble 6 7 with the law?

t ) A. Yeah. 8 Q. Okay. And I understand that that's probably 9

10 something you're not horribly proud of; is that fair to say? 11 12 A. That's right.

'I

J

Q. And-David is 45; is that right?

13 14 A. Uh-huh. Yes. 15 Q. Is his birthday in December? 16 A. Yes. Q. He has been in jail here in Brazos County for a 17 18 period of time; is that right? 19 . A. Uh-huh. 20 Q. And that's, I guess, one'of the reasons why 21 you-all have worked so well with our office is because 22 he's been in jail; but you guys have been out and able to 23 work with us; is that right? 24 A. Uh-huh. 25 Q. Are you aware of any kind of health problems that

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 0

48

[~ ( 1 he has at all? ~ ·. ~~ n 2

A. Oh, yeah. Q. And what would that be? 3 0 A. He's a bad diabetic. He has to have insulin 4 every day. His legs, they're going numb due to a back 5 0 injury and just his overall health. 6 ' D 7 Q. Okay. As to the diabetes, has he had that all 8 his life? - D 9

A. No, he's had that, like, five years. 10 u 11 Q. About five years? A. Uh-huh. Q. And does he have to -- so, he has to take insulin 0 12 13 shots? u 14 A. Yes, every day. Q. Okay. Has there been any problems or any issues D 15 while he's in jail as far as his diabetes? 16 D 17 A. Oh, yeah. They don't -- you know, when you 18 have -- when you're a diabetic, you need to be on a 0 19 special diet; and all they gave him is starches, which 0 20 makes his blood sugar go sky high. 21 Q. Spikes, right? 0 22 A. Right. 23 Q. Okay. I know as to his -- his legs, and we 0 haven't had him necessarily walk a lot in this trial or 24 0 25 anything like that, but they did seize a couple of canes DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

(}

49

in the evidence that came out in the jury trial in the 1 1--. listing. Does he use a cane? 2 l 3 A. Yes, he uses a cane all the time. Q. Is that due to his legs? 4

l

A. Uh-huh. Because his knee just goes out, and he

just hits the ground. Q. As I explained to -- and you were here when I was speaking to his dad, the Judge has a pretty significant range of punishment in the case, depending on what occurs. If no enhancements are found true, this is actually a third-degree felony; so, the punishment range would be two to ten. If one enhancement is true, it's two to twenty; and if two enhancements are true, there's a possibility he'd be looking at a minimum of 25 all the way to life. So, there's everywhere from two technically all the way up

\

u

to life. So, there's a pretty significant range of punishment. But he will have to do some time in prison for sure. We know that.

19 You know, what are your concerns as to any 20 kind of a significant or a long sentence? 21 A. I'm afraid he'll die in prison. 22 Q. Would that be to I guess he's not exactly a 23 spring chicken; is that fair to say? 24 A. (Nods head.) 25 Q. And also, some of his health concerns?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

~; I.

272ND DISTRICT COURT j }

50

A. (Nods head.) MR. GRAY: I'll pass the witness.

CROSS-EXAMINATION

BY MR. WARD: Q. Ma'am, I just have a couple questions for you. l

Your husband said that David is your first

son? } A. Yes. Q. And I'm an only son myself; so, I know that you

probably love him more than just about anything, right? A. I love them all. You want to see him do well. Q. A. Yes. Q. And you don't want to see him get in trouble? (Shakes head. ) A. Q. You've always been there for him? A. We practically raised his kids. We have two of

them now. Q. You tried to help him change? 20 A. Yep. 21 Q. And tried to help him change when he got out of

, 22 'I prison the first time; is that right? (

23 A. We always help him. 24 Q. You tried to help him when he got out of prison 25 the second time; is that right?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 51 A. Yep. Q. And you probably really tried to help him when he

got out of the prison this last time; is that true? A. Yes. THE COURT: What's the other son's name? THE WITNESS: Will. THE COURT: Will? THE WITNESS: Uh-huh. David and WilL THE COURT: Okay. THE WITNESS: My son's name is Dave Greer,

not David. His name is Dave. (By Mr. Ward} Do you remember when Dave was in Q. prison in 1995? A. Yes. It seems like a long time ago, doesn't it? Q. A. Yes. Q. Was he still a young man then? A. Yes. Q. Did he try to change his ways when he got out?

20 A. He always tries to change his ways. 21 Q. Do you remember when he went back to prison in 22 1987? 23 A. Yeah. Q. And do you remember when he got out, did he try 24 25 to change his ways then?

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT }

52

A. Yes, pretty much. 1 Q. And when he went to prison again in 1997, when he 2

0 got out, did he tell you that he was going to try to 3 0 change his ways then? 4 5 You have to answer yes or no for the court

D·

reporter. 6 A. Yes. 7

0 MR. WARD: Nothing further, Judge. 8

D

REDIRECT EXAMINATION 9 10 BY MR. GRAY: 0 11 Q. We've heard a lot of the bad acts that he's done, 0 12 the prison sentences; and the Prosecution is continuing to 13 reference those. I mean, there's a good side to -- 0 14 A. Oh, yeah. 15 Q. -- Dave, though, isn't there?

D 16 A. Uh-huh. D 17 Q. Has he -- have you seen him be generous to others? 18 19 A. Oh, yeah. 20 Q. What would be an example of that?

D 21 A. Well, you could be broken down on the side of the 0 22 road, and Dave's going to be the first one to stop and 23 help you. He'll help anybody.

0 24 Q. In fact, there was a witness we had planned to 0 25 call, human services,' Charmaine; and she was not able to

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

0 } 53 1- get off of work; but do you have any specific knowledge as 1 2 to how he might have helped her?

l A. Yeah, he was -- 3 J

4 MR. WARD: Objection, Judge, hearsay. 5 MR. GRAY: Not if she has direct knowledge. 6 THE COURT: I'm going to go ahead and hear 7 it. Go ahead, sir. 8 9 A. Her car air-conditioner had gone out, and she was

10 talking to him, and he got her the part and took it to her that afternoon, and she appreciated it. 11 12 Q. (By Mr. Gray) Did he charge her anything for that?

~ j

13 A. No, he did not. 1 j 14 Q. Okay. You've seen him interact with his -- I 15 guess not only his kids, but even more importantly, his

J

16 grandson; is that right? 17 A. Oh, yeah. 18 Q. Okay. And 19 A. He takes .his kids fishing. 20 MR. GRAY: Pass the witness. 21 MR. WARD: Nothing further, Judge. 22 THE COURT: You can step down, ma'am. 23 Call your next. 24 MR. GRAY: Judge, we would rest. 25 MR. CALVERT: Close.

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

1

272ND DISTRICT COURT

d l

J

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54

D 1 THE COURT: Final arguments. 2 CLOSING ARGUMENT BY MR. CALVERT

D 3 MR. CALVERT: Judge, I can stand here all 0 day and try; but I would never, ever be able to sum this 4 5 case up any better than the Defendant did when he told o- 6 that jailer, "I don't follow the rules. I'm not going to 7 start now." And he has spent literally a lifetime showing

0 8 us and showing you that. D 9 You know, it is not enough that'sometimes he's capable of being nice to people. It's not enough 10 0 11 that sometimes he takes care of his children. Those are 12 things that all of us are supposed to do and expected to

D 13 do every day of our lives, anyway. And yet with him, time D 14 and time and time and time again here we are with his 15 stated philosophy, "I don't follow the rules. I'm not

0 16 going to start now." 0 17 I mean, he's been to prison three separate 18 times for four separate felonies. He's breaking into

D 19 people's houses. He's stealing. He's carrying guns. 20 He's involved with drugs. This is somebody who, you know,

0 21 in 1997, a jury in Grimes County made it very, very clear D 22 that they want our community and communities to be done 23 ,with this individual.

0 24 They gave him a 40-year pop, so that law D 25 enforcement and people in the community would no longer DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

o·

272ND DISTRICT COURT

0. 55 'I l 1.

have to deal with him because he's not going to stop 2 committing crimes. J 3 And he got the benefit of parole. And, you 4 know, Counsel asked his dad in this case if he gets the

J 5 benefit of parole, will he change his way -- well, he was 1 6 on parole. He's on parole until 2037 from the last time 7 that he went to prison. And since he's been out on

n ~

8 parole,_he's been arrested, I believe, at least three 9 times: He's been convicted of now multiple offenses since ~

j

10 he's been on parole. ~ 11 He got arrested for a felony in 2010 in 12 Burleson County, and they pled it down to a misdemeanor

~ 13 that he got the max on. They could have revoked him right 14 then and sent him back to TDC, and they didn't. He got

J 15 another benefit; and yet, here we are again. ~ 16 The Defendant has communicated to you, both 17 through his lifestyle, his choices, his actions and

~ 18 literally his words. He is not going to stop. ~ 19 And so, Judge, I'm asking you for so years 20 because he got 40 on his last one. He's on parole for the

J

21 next 25 years anyway, so let's do another 25 on top of 22 that. 23 I agree, it's sad; and it's not easy to 24 stand here and ask for this and say this; but I agree with 25 his mother that he's probably going to die in prison. But

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 56 ] he has put himself in that position and no one else. 1 ~· There is not a soul in this world that needs

2 3 to feel bad or guilty about what happens to this 1 individual because he has made his bed, and it's time for him to lie in it.

And so, Judge, I'm asking you on behalf of these individuals right here sitting behind me that they do not have to deal with this person in the community anymore.

THE COURT: Mr. Gray?

CLOSING ARGUMENT BY MR. GRAY

MR. GRAY: Judge, normally this offense would be a third-degree felony. It would be two to ten years in prison. The maximum would be ten years. Because he's had some prior convictions and some prior run-ins with the law, he's enhanced.

If you find those allegations as true, as to both enhancement paragraphs, he's looking at 25 to life. If you find one of the enhancement paragraphs, he remains at a second degree, it's two to twenty.

21 But, Judge, what concerns me in these types 22 of hearings, especially on the punishment, we have 23 judgment after judgment after judgment that we lose focus 24 of the offense itself. Yes, he violated the law. We may 25 not agree with the jury's decision. We may not be happy

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 0

57

0 1 with it, but we respect it. 2 But what occurred? There was a .22 pistol,

D 3 lowest possible caliber, smallest possible bullets, in a 8 4 co~t behind the seat in a vehicle that he was driving. There's no indications that he led the police officers on 5 D 6 any kind of a high speed chase. He did not in any way 7 attempt to get the gun. 0 It was found in the coat. He didn't try to 8 0 . 9 shoot at the officers, didn't try to resist the officers . 10 There's no evidence from the State of Texas that this is a

0 11 violent man. 12 Primarily, everything revolving -- whether 0 13 it's a gun offense or it's a theft offen~e, we know where 0 14 it's all tying. It's all tying to this methamphetamine. 15 If youlre in that world of methamphetamines, you're going

0 16 to carry a gun. It's not good, but that's the life they 0 17 live. But there's no indication that he ever harmed a 18 person or attempted to harm a person in any way.

D 19 You know, if it was you or I or even the 20 prosecutors or really anybody in this entire courtroom, if 0 21 we were in that vehicle and that pistol was behind us, 0 22 it's not even against the law. But because he's been to 23 prison, he is under a different set of rules. And that

0 24 pistol should not have been there. 0 25 Judge, as to what they've proven up as to

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 0

58 0 evidence in their punishment side of the case, again, we 1 2 D 3 do believe there are some issues with those judgments. We would ask that you find those not true and restrict your D 4 range of punishment to the two to ten. 5 However, we respect your decision, whatever 0 that may be. If you do decide to enhance him to the 25 to 6 D 7 life, we would obviously ask for something on the low end 8 of the 25. D 9 Judge, 25 years in prison for a 45-year-old 10 that's a diabetic and that has problems is a long time. 0 11 These other sentences, Judge, yes, they are relevant as to 0 12 punishment; but he has paid his debt to society for these. 13 I mean, these aren't just judgments that were never 0 14 punished. He went to prison. He has paid his debt tb 15 society for those. So, it's not as if he was never

0 16 punished for those offenses. 0 17 Each and every day he does in prison, Judge, 18 is going to be hard time due to his age and due to his

D 19 physical problems. 0 20 Again, if you decide to find those 21 enhancement paragraphs true, Judge, we would ask that you 0 22 restrict that punishment to 25 years. 23

RULING OF COURT D 24 THE COURT: All right. Stand up, Mr. Greer. 0 25 (Defendant complied.)

DENISE C.PHILLIPS, CSR

0 OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 n

59 0 1 THE COURT: The Court finds both 2 enhancement counts to be true and assesses your punishment

0 3 at 30 years in the Institutional Division of the Texas 0 4 Department of Criminal Justice. You are hereby sentenced 5 to 30 years. 0 6 MR. GRAY: Thank you, Your Honor. 7 THE COURT: Mr. Greer, you have a right to

0 8 appeal your case. If you can't afford counsel, I'll 0 9 appoint one for you. 10 MR. GRAY: Judge, he's sort of referenced 0 11 that already. He would like appointed appellate counsel. 12 I would not want to be that appointed appellate counsel. 0 13 I'd ask that you just appoint somebody off the list. 0 14 THE COURT: Okay. All right. Are you 15 hired?

0 16 MR. GRAY: No, Judge. 0 17 THE COURT: You were appointed? 18 MR. GRAY: He's indigent.

D 19 THE COURT: We'll go ahead and appoint him a 20 lawyer on appeal.

0 21 MR. GRAY: Okay. Judge, I appreciate that. 0 22 COURT COORDINATOR: The next one on the list 23 is Mary Hennessy. 0 24 THE COURT: Stay in touch with your lawyer, 0 25 Mr. Greer, because if you lose at the first level of DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

D

[I 60 D

appeal, you can appeal it to the next level; but if you 1 don't know that you lost, you might miss the 30-day 2

[l deadline to appeal to the next level. 3 THE DEFENDANT: All right. 0 4 (Proceedings concluded.) 5 0

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0 25 DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

D 0

State v. David Duane Greer 11115/12 Vol 5 23 (12) 4/22 27/23 28/4 28/7 979-822-4759 fl] 2/12 22/25 22/25 23/J 25/13 26/2 26/6 ^[1] 0-· 1 - - - - - - - - - - - -1 28/11 28117 28!19 28/23 28/25 A 2611 o 26112 26/24 2916 2918 2918 '05 [1) 43/3 29/1 29/20 46/6 1 . . : . . : : - - - - - - - - - - - l 32/7 35/4 35/7 35/11 35/14 49/25 '97 f11 31112 24 [8) 4/23 14/9 14/21 36/2 36/3 ability [2) 40/12 40/17 always [5) 39/20 45/4 50/16 50/23 ~....1..!..~~'-----------1 36/7 36/8 46/8 able [6] 20/13 27/1 28/10 47/22 51/20 1-------------124007265 (1] 2110 52/25 54/4 Annette [4] 4/9 45/14 45/19 45/20

D -E-R Ill 12/20 24036308 [I) 2/4 about [17) 5/7 14/19 23/7 23110 another [8) 24/7 25/14 25/18 1-=-~..!.J.....:.=~-------124077302 [I] 2/5

23/14 24/12 31111 37/20 39/4 37118 43/15 46/1 55/15 55!21 1 - - - - - - - - - - - - - - t25 (10) 4/13 4/19 49/14 55/21 41/25 43/5 43/11 47/2 47/3 48/10 answer [I) 52/5 .22 (1) 57/2 55/21 56/18 58/6 58/8 58/9 58/22 50/10 56/3 Antonio [2) 13/2 13/19

0 .380 (2) I 0/5 10/5 26 [2) 4/13 4/19 above [3) 1/15 61/5 61/7 any [40) 8/9 8/18 9/6 10/7 I 0/19 "".9~J..::r1.l.--"'l.9/'-'-1~9--------i26th [3) 1/23 2/6 61/18 above-styled [1) 61/7 10/20 10/25 10/25 11/9 12/1 12/2 / 27 (3) 4/14 4/19 13/2 above-titled [1) 1/15 15/13 15/23 15124 17123 25/1 1 - - - - - - - - - - -1272 (1) 1/3 act (2) 33/16 34/10 33/15 33/15 33117 33/19 36/13

D l!-'/s!..JI~i11~61~11~5--------1272nd [4) 1/8 1122 6114 61/17 actions [1) 55/17 36/14 36/14 36115 36/25 37/15 1 28 (2) 4/21 4/22 activity (1) 7/9 39/13 40/25 41/16 45/2 47/25 1 - - - - - - - - - - - - -1285 [I) 24/8 acts (4) 32/11 33/19 33/22 52/11 48/15 48/15 49119 5311 54/5 57/6 I0-13-00049-CR [I] 1/4 29 ri1 4/22 actual (2] 13/25 15117 57/6 57/18 61110 103 [I] 2/11 actually (8] 8117 10/19 1211 23/25 anybody (2] 52/23 57/20

0 3 12 [1) 4113 1 - - - - - - - - - - - - - -1 2 4 / 5 27/15 38/17 49/10 anymore (1) 56/9 12/31113 (1] 61/20 30 (6] 4/20 4/20 4/21 4/21 59/3 addition [2) 2114 33/16 anyone [3) 8/12 41120 41/20 13 (1] 61/20 59/5 additional (5) 15/25 20/23 22/24 anything [12] 9/7 10/8 1111 11/7 IS (5) 3/2 4/2 4/18 5/2 14119 30-day [I] 60/2 28/22 30118 15/24 32/6 39/8 41114 41/18 48/25

0 15269 (4] 19/23 22/25 23/10 300 [3) 1/23 2/6 61/18 adjudicated [I] 39/12 50/10 53/12 25/14 310 [I) 2/6 adjudication (I] 31/23 anyway (2) 54/13 55/21 15341 (8] 17/15 18/3 18/10 19111 3235 [I] 2112 admit (2] 25/3 34/13 apologize [2) 45/20 45/22 19/20 22/14 22/18 22/24 35 [I) 13/8 admitted [21] 4/17 16/25 17/1 appeal [5] 59/8 59/20 60/1 60/1

0 15th [I] 1114 36 [3) 4/14 4/23 4123 17/3 21111 22/2 22/3 22/11 25/4 60/3 16 (3] 39/5 39/5 46/11 37 [I] 4/10 25/9 27/10 27/11 27/16 28/25 29/1 Appeals (1) 114 166 (1] 24/8 3rd ril 61113 29/21 30/21 30/22 35/8 36/7 36/8 appear [2) 17110 20/25 17 (14) 4118 4/18 15/2 15/5 16/11 advice (1) 41/25 appears (2) 20/12 33/8 17/117/3 17/10 17113 17/23 22/11 4

0 advisement [I] 32/24 appellate (2) 59/11 59/12 26/4 26/8 31110 40 (4] 31117 42/22 43/14 55/20 afford (I] 59/8 applied [I] 38/4 1717585 (1) 26/1 40-year [I] 54/24 afraid [1] 49/21 appoint [3] 59/9 59/13 59/19 I8 [8] 4/19 25/18 25/23 26/14 404 (3]33117 34/1 34/3 after [3) 43/5 56/23 56/23 appointed [3) 59111 59/12 59/17 26/16 26124 27/11 27/15 408765 [I) 22/21 afternoon [I] 53/11 appointment [I] 10115

0 19 (13] 4/1919/4 20/1 20/4 20/11 41 [I] 4/10 again (5) 52/2 54/14 55/15 58/1 appreciate (1] 59/21 20/23 22/15 22/19 25/4 25/8 31/19 4221 (2) 1/24 61/19 58/20 appreciated (I] 53/11 31/22 33/1 4320 (I] 2/7 against [4) 8118 25/14 32/2 57/22 approach [I] 14/4 19-A (18] 4/20 18/5 18/17 18/18 44 (1] 4/11 age (1) 58/18 are (33) 6124 7/7 14/21 16/216/2

0 18/21 20/120/4 20/22 21/23 21125 45 [3] 4/9 41/4 47113 ages [I) 46/7 20/3 23114 24/9 27/24 27/25 28117 22/2 22/3 22/4 22/7 22/9 22/17 45-year-old [I] 58/9 ago [4) 8/6 14/19 33/6 51115 28/25 29/10 30/3 30/5 30/20 30/21 22/24 25/11 4759 Ill 2/12 agree [5) 40/6 47/5 55/23 55/24 37/12 45/23 46/4 46/7 47/25 49/10 19-Aipha [I) 18/6 56/25 49/13 49/19 54/11 54/12 54/14

0 5 1987 [1) 51122 ahead [10) 5113 5115 5/23 6/11 55/15 58/2 58/11 59/4 59/14 1995 [I] 51/13 50 [2) 4/9 55/19 12/14 36/1 41/6 53/6 53/8 59/19 area [I] 7/8 I997 (6] 1717 3112 31/7 4311 52/2 500 [I] 13/15 air (1) 53/9 aren't (I] 58113 1-5"-.:4~/2::..!1 __ ______ -152 [I] 4/9 air-conditioner [1) 53/9 ARGUMENT [2) 5412 56/11

0 2 1-:;!5~7.1! itl~l3!:!4~/2'---------lall [40) 5/9 5/23 6/7 8/9 8/18 arguments (1] 54/1 1 - - - - - - - - - - - - - 16 10/24 14/25 1511 21119 25/3 25/8 around [3) 35/4 35/5 39/5 20 [13) 4113 4/19 4/20 4/20 30/2 1 - - - - - - - - - - - -1 26/12 32/21 34/4 36/1 39/22 40/13 arraign (I) 5113 30/9 30/12 30/14 30/16 30/21 6482 (2) 1/22 61/16 41/16 42/3 43111 44/244/6 45113 arrest [3) 8117 9/2 30/24

0 f.:!6:!!th!..JL'-'!.il~3.:..:..11.!..!12=--------i 47/21 48/1 48/7 48/19 49/3 49114 arrested (4) 7/24 43/8 55/8 55111 30/22 30/23 46/10 7 200 [I) 7/14 49/15 50/11 54/3 54/12 57/14 as (82) 2007 (4) 7/14 7/19 8/7 43/8 1 - - - - - - - - - - - i 57/14 58/24 59114 60/4 6115 61/7 ask (9) 14/9 18/6 36/20 42/15 2010 [3) 29122 43/21 55111 77803 [2) 1123 2/7 allegation [I) 29113 55/24 58/3 58/7 58/21 59/13 2012 [4) 1114 3/2 4/2 5/2 77803-3235 [I) 2/12 allegations [9) 16/1 33/5 34/15 asked (2) 31110 55/4

0 2013 [1) 61/13 ~7!!.87!.!0::::31...~o1~11....:6"-!l.!..!./1~9-------l 34/16 36114 36/15 39/23 40/2 asking [2) 55/19 56/6 8 2037 [1) 55/6 56117 assesses [I) 59/2 204 (2] 1123 61/18 1 - - - - - - - - - - - - - l a l l eg ed [2) 3211 40/3 assign (1) 19/16 2I [10] 4121 30/3 30/9 30112 85th (4) 17/15 18/12 23/1 26/7 along [I) 28/5 assigned [I) 22/21

0 1!=8~th:!..'J..:: ri~l7.:....;11~9----------1Aipha [I) 18/6 30115 30/16 30/21 30/22 31/4 assignment [1) 7/3 9 46/10 ALPHABETICAL [I) 4/7 Assistant [I] 2/6 22(11)4/204/21·27/2328/1 1------------lalready[S]l5!1716/1522/11 assisted[!) 45/2 28117 28/19 28/24 29/2 29/5 29/9 919 [I] 23/25 45/25 59/11 ATF [I) 7116

0 29/19 979-361-4221 [2) 1124 611I9 also [27) 7/15 9/17 13117 15/10 attempt [I) 57/7 220 (1) 23/24 979-361-4320 [1) 2/7 15/25 17/14 19/22 22/9 22/16 attempted [I] 57118

u Den1se C. Phillips, CSR [J 0

2 State v David Duane Greer 11115/12 Vol• 5 copy (16] 15/2 16/14 16/21 18/9 BRAZOS (14] 1/7 1/17 12/22 chase (1] 57/6

A

19/4 22/7 23/17 24/1 24/2 24/3 17/16 18/12 19/11 22/25 26/7 chicken [1] 49/23 0 30/25 31/7 47/17 61/2 61/4 61/18 child [2] 46/13 46/16 24/5 24/20 25/20 28/2 28/4 34/8 attention [1] 7/10 correct [21] 6/20 8/23 11/4 11/25 attorney [3] 2/3 2/9 23/2 childhood [2] 37/22 38/22 breaking [1] 54/18 12/2 12/3 19/2 19/9 21/24 25/11 Attorney's [1] 12/23 briefly [2] 13/13 16/4 children (7] 37/15 41/21 43/25 44/5 46/4 47/4 54/11 25/12 27/2 31/24 32/4 32/5 34/18 Attorneys [1] 2/6 bring [2] 32/8 32/9

0 35/6 35/13 41/1 43/25 61/5 attribute (1] 39/7 broken (1] 52/21 choices (2] 40/9 55/17 corrected [1] 45/20 August [1] 7/19 brother [2] 37/17 46/1 choose [1] 39/15 authenticated [2] 15/9 20/24 CHRONOLOGICAL [2] 3/l 4/1 correctly [1] 61/9 Bryan [11] 1/16 1/17 1/23 2/7 aware Ill 47/25 2/12 4/12 6/9 6/12 6/18 37/25 circumstantial [1] 23/5 cost [1] 61/11 61/19 I cite [2] 23/24 24/16 could [5] 6/16 38/4 38/7 52121

B

cited [2] 24/8 24/18 55/13

bullets [1] 57/3 back [IS] 9/4 9/12 I 0/13 11/24 counsel [8] 15/3 16/6 20/2 55/4 burglary[6] 17/16 18/14 22/5 classification [2] 13/16 13/18 11/24 23/13 31/9 32/22 32/25 clear [2] 32/20 54121 59/8 59/11 59/12 61/6 25/10 25/15 31/20 0 37122 40/19 43/l 48/5 51/21 55/14 Burleson [31 29/25 43/18 55/12 client [1] 27/1 counseling [1] 35/15 bad (10] 32111 33/19 33/21 40/9 c counts [2] 6/3 59/2 client's [1] 21/5 41/18 41/21 42/3 48/4 52111 56/3 county (20] 1/7 l/17 12/22 17/7 close (4] 13/8 44/23 46/17 53/25 bag (4] 9/16 9/17 10/21 11123 caliber (1] 57/3 CLOSING (2] 54/2 56/11 17/16 18112 19/11 22125 26/7 banli [2] 9/16 9/17 call [9] 6/712/812/9 36/23 37/1 29/25 30/25 31/7 35/8 43/14 43/19 club [1] 11/15

0 basis [2] 26/14 34/14 45/9 45/10 52/25 53/23 47/17 54/21 55/12 61/2 61/18 coat [2] 57/4 57/8 couple (5] 15/7 32125 43/14 48/25 be [45] 1/15 6/2 10/11 12/10 called [2] 19/5 45/21 College (1] 13/4 17/25 20/12 20125 22/10 24/20 calls (2] 6/9 7/8 come [2] 34/9 40/19 50/5 27/10 31/12 33/8 33/25 35/5 36/20 CALVERT [5] 2/4 12/18 25/7 committed [2] 34/10 40/3 courses [1] 13/18

0 40/19 42/11 42/16 42/18 42/25 court [23] 1/3 1/4 1/6 l/22 1/22 27/13 54/2 committing [1] 55/2 46/10 46/11 46/21 46/22 48/3 came [3] l/15 19/1 49/1 communicated [1] 55/16 5/12 6/17 7115 17/15 24/11 26/6 48/18 49/11 49/14 49/22 52/17 can [17] 12/6 17/17 20/6 21/20 26/7 33/9 34/17 35/9 52/5 58/23 communities [1] 54/22 52/20 52/21 52/22 54/4 54/22 23/16 26/19 32/20 34/7 37/10 community [3] 54/22 54/25 56/8 59/1 61/4 6114 61/761117 61117

D 56/13 56/13 56/14 56/25 58/6 39/15 40/25 45/3 45/8 45/18 53/22 compare [5] 18/20 21/6 21/8 court's [1] 24/3 58/18 59/2 59/12 61/6 61/12 54/3 60/1 28/10 30/8 courtroom [1] 57/20 bearing [1] 18/9 can't (4] 2116 21/8 43/2 59/8 compared [1] 22/6 CR [1] 114 because [13] 16/20 23/10 38/9 cane [2] 49/2 49/3 comparison [4] 13/11 13/16 13/19 CRF [1] l/3

0 38/1843/247/2149/5 55/1'55/20 canes (1] 48/25 13/20 crime [1] 13/20 56/4 56/14 57/22 59/25 capable (1] 54/10 compartment [1] 9/13 crimes [2) 40/3 55/2 bed [1] 56/4 car [3] 9/4 10/14 53/9 criminal [3] 33/12 34/17 59/4 completed [1] 37/24 been [37] 6113 711 7/5 9/23 9/24 card (5] 4/23 10/12 10/19 36/2 complied [1] 58/25 Cross [5] 4/8 8/4 36/10 41/7 50/3 12/1613/615/3 15/1017/3 20/2 36/3 computerized [1] l/18 CROSS-EXAMINATION (4] 8/4

0 20/24 2112 21/11 22/6 22/11 24/13 care [1] 54/11 concerns [3) 49/19 49/25 56/21 36/10 41/7 50/3 25/9 3717 39/11 40/21 41/23 42/1 career [2] 13/9 13/23 concluded (1] 60/5 crystal [3] 7/25 9/19 9/22 44/ll 45/15 47/17 47/22 47/22 carry [1] 57/16 Condition [1] 34/2 CSI [1] 11/5 48/15 50/16 54/17 55/7 55/8 55/9 carrying [2] 43/9 54/19 conditioner (1] 53/9 CSR [3] 1/22 61/16 61/16

0 55/10 57/22 57/24 case [21] 9/18 9/19 14/22 16/9 confinement (2] 35/19 35/22 cumulative (1] 29/9 before [4] 1116 13/3 13/5 27/15 16/17 18/3 19/11 22/13 23/12 consider [2] 34/5 38/25 current Ill 7/3 behalf [1) 56/6 23/23 23/25 24/l 24/7 24/17 28/11 Consistently [1] 41/24

D

behind (3) 5617 57/4 57/21 40/11 49/9 54/5 55/4 58/1 59/8 constantly [1) 17/18 0 being (5] 9122 15/9 15/21 21/3 cases [3] 13/25 24/9 39/12 D.A.'s [1) 13/5 contain [6) 19/19 19/22 25/13 54/10 cause [20) 1/3 1/16 16/1017/15 dad [3) 46/3 49/8 55/4 28/7 30/6 33/5 believe [5] 21/24 37/24 38/18 55/8 18/3 18/10 19/11 19/20 19/23 contained [11) 17/24 20/17 21/l Damian [1) 46/11 58/2 22/14 22/17 22/24 22/25 23/l 0 22/21 25/23 26/3 32/7 33/15 33/19 Danielle [1] 46/6

0 belong [1) 19/13 25/14 25/22 25/25 26/2 26/15 6117 34/11 36/15 date [2) 10/13 31/11 belonged (1] 28/15 Certainly [2] 21/20 23/6 daughter [2] 44/18 46112 containing (1] 19/8 benefit [3) 55/3 55/5 55/15 certified (24) 6/24 7/1 13/6 15/2 contains [8] 15/25 20/11 22/5 Dave [9] 14/22 19/14 22/20 23/1 Besides [1) 13/16 16/14 16/20 18/9 19/4 19/7 20/3 26/10 51/10 51/11 51/12 52/15 22/16 24/23 25/10 31/20 61/5

0 better [3) 38/4 38/7 54/5 22/7 23/17 24/1 24/2 24/3 24/5 continue [1] 33/14 Dave's [1) 52/22 between [1) 43/13 24/20 25/20 27/24 28/1 28/4 28/18 CONTINUED (2) 25/6 27/12 DAVID [16] 1/8 10/9 16/8 20/15 beyond [2) 24/14 34/5 30/3 34/8 27/1 37/12 39/15 4213 43/25 45/23 continuing (1) 52/12 birthday [1] 47/15 46/10 46/15 47/13 50/6 51/8 51/11 certify [3) 61/5 6119 61/11 convenient [1) 24/21

0 bit (1) 47/3 chambers [1) 61/7 convicted (7) 15/10 16/1 0 16/17 David's [1] 41/10 day [1 OJ l/14 7/17 40/22 48/5 black [2] 9/12 9/16 change [11] 40/23 40/25 42/7 17/14 24/13 25/1 55/9 blood [1) 48/20 43/1 50/19 50/21 51/19 51120 48/14 54/4 54/13 58/17 60/2 61113 convicting [2] 29/22 33/2 both (12] 6/2 16/5 20/2 24/21 51/25 52/4 55/5 conviction [13) 22/13 24/5 24/15 deadline [1) 60/3 24/24 27/24 28117 30/3 30/6 55/16 changed [1) 42/12 24/16 24/25 27/16 29/21 30/24 deal (2) 55/1 56/8

0 56/18 59/l debt [2) 58/12 58/14 changing [1] 43/5 31/4 31/13 42/11 42/17 42/22 boy [4] 12/20 46/24 46/25 47/l charge [1) 53/12 convictions [4) 31/20 40/7 42/20 deceased [l) 13/21 boys (5) 44/2 44/2 44/3 44/4 46/4 charged [2) 29/12 29/16 56115 December [1) 47/15 BPD [3) 6/20 6/22 7/3 charges (1) 32/18 decide [2] 58/6 58/20 convoluted [1) 21/19

0 brand(1]43/10 CHARLES [1] 2/4 decision [2) 56/25 58/5. cooperated [2] 8/20 45/4 brand-new [1] 43/10 Charmaine [1) 52/25 copies [4) 20/3 27/24 28/18 30/3 defendant [33) 219 5/13 7/11 7/11

.. Dentse C. Phillips, CSR D n

3 State v David Duane Greer 11115112 Vol 5 fixing [2] 46/10 46/11 48/12 49/2 58117 exceeding [1] 8112

D

flip [4] 17/9 18/16 32/22 32/25 exclusive [1] 23/21 doesn't [I] 51/15 flipping [2] 31/21 31/25 defendant. .. [29] 7/13 14/20 doing [7] 13/20 23/21 23/22 42/1 excused [4] 12/11 12/12 36/20 Flowers [3] 23/24 23/24 24117 14/2216/5 16/9 16/15 17/14 18/22 42/6 42/7 44/15 36/21 22/6 22/8 22/12 22/15 23/l 24/13 focus [1] 56/23 don't [20] 16/6 21/5 21/9 21/12 excuses [1] 39/13 24/16 25114 27/19 28/11 28/15 exhibit [51] 4/15 4117 14/9 14/21 folks [1] 40/25 21113 34/7 36/13 38119 41116

0 follow [3] 21/18 54/6 54/15 29/22 30/9 30/13 31/22 32/2 33/2 41118 41/20 42/25 43/17 43/23 15/2 15/5 16/6 16/11 17/1 17/3 following [1] 1114 35/7 54/5 55/16 58/25 43/23 48117 50/14 54/6 54115 60/2 17/10 17113 18/5 18/17 18/18 defendant's [S] 3/16 14/13 14/16 18/21 19/4 20/11 21/23 22/3 22/10 follows [4] 6/13 12/16 37/7 45/15 done [71 12/24 38/4 38/7 42/4 22115 22/23 25/4 25/8 25/17 25/23 force [1] 8/18 24/4 24/25 43/4 52/11 54/22

0 26/4 26/7 26/8 26/14 26/16 26/24 foregoing [1] 61/5 defense [7] 5/1 0 15/3 20/2 21124 doubt [2] 24/14 34/5 21/25 23/2 45/3 down [6] 12/6 29/14 45/8 52/21 2717 27/11 27/15 28/1 28/4 28/7 Forty [1] 4115 deferred [2] 3 1/22 33/3 53/22 55/12 28/11 28/23 29/1 29/20 3114 31/9 Forty-five [1] 41/5 31/19 31/21 3311 36/2 36/3 36/8 found [14] 7/25 10/7 10/9 10/25 degree [3] 49/11 56113 56/20 driver's [1] 24/4 exhibits [10] 4/16 20/1 20/4 27/23 22/10 26/3 28115 30112 33/9 34/17

0 Denise [4] 1122 61/4 61115 61/16 driving [5] 7/22 8/8 8/11 3115 28/17 28/19 30/2 30/16 30/22 61/9 35115 39/9 49/10 57/8 Department [3] 13/4 13/20 59/4 57/4 four [3] 12/25 31/17 54/18 depending (I] 49/9 drug (2] 9/20 43/10 exist (2] 32/12 32/12 fourth [2] 42/11 42/16 describe [1] 13/13 drugs [2] 43/9 54/20 existence [1] 24/24 DESCRIPTION [1] 4117 DUANE [1] 1/8 exists [1] 24/15 front [1] 16/7

0 fully [1] 8/20 detection [1] 13/11 due [4] 48/5 49/4 58/18 58/18 expected [1] 54/12 diabetes [2] 48/7 48/16 expert [1] 20/18 furnished [1] 33/24 duly [4] 6/13 12/16 3717 45/15 further (10] 12/5 21125 22/1 diabetic [3] 48/4 48/18 58/10 during [2] 7/25 39/23 expiration [2] 15/21 61/20 did [51] 8/18 8/25 9/2 10/19 10/21 expired [3] 7/21 8/10 15/11 36/19 44/20 45/7 52/8 53/21 61/9 duties [1] 7/7

0 11/1011/1311/1311/1911/23 DWll1l 24/1 explain [1] 21/21 61/11 13/1 14/17 14/18 15/12 17/25 18/2 explained -Ill 49/7

E

G 18/20 18123 18/24 28/13 28/14

F

gave (2] 48/19 54/24 30/8 30/10 30/11 33/11 34/16 35/7 Each [1] 58/17 0 35/11 37/22 37/22 38/1 38/2 38/10 EARL [2] 2/10 21125 fact [4] 15/10 38/10 42/11 52/24 GED [1] 38/12 generous [1] 52/17 38/11 38/13 38/14 38/22 42/15 earlier [1] 25/9 fac~s [2] 15/15 36/15 failed [2] 35/14 35/15 get (10] 9/6 11/23 12/1 16/19 42/16 42122 43/5 43/8 43/16 48/25 East [3] 1/23 2/6 61/18 23/15 23117 37/22 50/14 53/1 5717 51/19 51/24 52/3 53112 53/13 54/5 easy [1] 55/23 fair [4] 9/8 40/5 47/10 49/23

0 57/6 effect [2] 44/5 44/8 fairly [1] 38/2 gets [3] 22/15·23/7 55/4 didn't[ll] 8/15 111912/1 23/25 eight [1] 13/19 family [1] 41116 getting [4] 5/8 13/8 3911 47/6 24/1 38/18 42/18 45/4 55/14 57/8 element [1] 15/22 far [6] 37/22 38/24 38/24 40/10 girl [5] 44/2 44/3 44/4 46/4 46/24 57/9 elements [2] 24/19 24/22 47/3 48/16 girlfriend [1] 10/14

0 die [2) 49/21 55/25 else [1] 56/1 father [2] 45/25 47/6 give [1] 5/8 · diet (1] 48/19 end (1] 58/7 feel [1] 56/3 given [2] 33/18 40/18 different [2] 42/21 57/23 endanger [1] 11/9 fees [1] 35/12 goes [3] 23/13 28/5 49/5 going [37] 7/10 13/21 14/7 16/23 dire [4] 20/7 20/9 26/20 26/22 endangering [1] 8/12 felon [1] 15/20 direct [10] 4/8 6/14 7/10 12/17 enforcement [1] 54/25 felonies [2] 43/15 54/18 17/2 17/9 18/4 18/6 19/3 20/1 23/7

0 felony [10] 15/11 17/4 22/4 27/17 25/17 26/12 26/14 29/18 30/2 25/6 27/12 36/14 37/8 45116 53/5 enhance [1] 58/6 direction [1] 39/16 enhanced [1) 56116 42/11 42/17 42/19 49/11 55/11 31/12 32/22 32/25 34/2 34113 DISTRICT [8] l/6 1/8 1/22 2/6 enhancement [9] 5/19 5/21 5/24 34/14 37/22 42/7 42/16 44/9 48/5 . 56113 12123 17/15 61/4 61/17 1611 49/12 56118 56/19 58/21 59/2 few [1] 41/9 52/3 52/22 53/6 54/6 54/16 5511

[J Division [I] 59/3 enhancements [3] 5118 49/10 final [2] 24/20 54/1 55/18 55/25 57/15 58/18 do [58] 5/12 5/16 5/21 5/25 7/11 49/13 finally [4].12/10 12/12 36/20 gone [1] 53/9 7/12 7/13 7/17 7/20 9/3 9/11 9/11 enough [4] 42/25 43/1 54/9 54/10 36/21 good [13] 5/4 5/5 6116 22/5 22/8 12/21 12/21 1311 14/11 15/16 19/4 entire [2] 5/17 57/20 find [10] 9/11 9/11 17/25 18/24 23111 39/19 39/19 40110 43/4

0 19/6 21/4 21/19 30/6 30/7 30112 entry [1] 24/3 28/14 30/11 56/17 56/19 58/3 44/16 52/13 57/16 32116 33/18 33/21 33/23 35116 especially (I) 56/22 58/20 got [14] 32/23 37/18 50/21 50/24 36117 37/14 37114 37119 38/1 38/9 essentially [1) 19/8 finding [1] 17/13 5113 51/19 51/24 52/3 53/10 55/3 38114 39/4 39/7 40114 40118 42/9 establish [3) 24/13 24/24 34/9 finds [1] 5911 55/11 55/13 55/14 55/20 43/13 43/18 44/8 44/10 49/17

D evading [1] 30/24 fingerprint [7] 4/23 13/10 13/18 gotten [1] 39111 50112 51112 51/21 51/24 5311 even [3) 53/15 57/19 57/22 13/18 22/5 36/2 36/3 grab [1] 11113 54112 54/13 55/21 56/8 58/2 58/6 ever [4] 38/16 41120 54/4 57/17 fingerprints [7] 13/16 14/15 grabbed [1] 24/10 6114 every [5] 34/11 48/5 48/14 54/13 20/12 23/14 28/8 28/10 28/12 grade [1] 37/24 · docket [1) 24/2 58/17 grades [1] 38/16 finish [1] 5/8

0 document [9) 16/14 16/21 18/7 everything [3] 36/12 45/4 57/12 firearm [2] 10/4 I 0/4 grams [1] 9119 · 19/7 23118 24/18 32/17 34112 everywhere [1] 49/15 Granberry [1] 2/11 firm [1] 44/24 34/14 evidence [10) 9/7 16/7 16/16 first [17] 5/20 617 6113 12/16 grand [1] 46/13 documentary [2] 24/23 2511 24119 2511 27/8 4911 57110 58/1 14/25 3717 37/13 37/20 41/10 grandbaby [2] 44/19 46/8

0 documents [3) 20/3 27/24 30/4 61/5 43/14 44/18 44/19 45115 50/6 grandchild (2] 44/19 46/22 does [30] 17/10 17/12 19/13 19113 exactly [2) 39117 49/22 50/22 52/22 59/25 grandson [1] 53/16 19/15 19/1619/18 19119 19121 EXAMINATION [14] 6114 8/4 fishing [1] 53/19 granted [1] 34/20 19/22 19/24 25113 25/16 26/6 26/9 12/17 20/9 25/6 26/22 27112 36110 five [8) 7/6 15111 15/21 27119 granting [1] 31/22

0 28/7 28/9 31/16 31118 31/25 32/3 37/8 41/7 44/21 45/16 50/3 52/9 35/22 4115 48/9 48/10 GRAY [13] 2/10 2/11 8/5 20110 33/5 35/4 35/7 35/10 35/14 35117 example [1] 52/20 five-years [1] 35/22 23/8 26/23 36/11 37/9 44122 45/17

0 .. Demse C. Phlihps, CSR 0 0

4 11/15112 Vol 5 State v David Duane Greer Hennessy [1] 59/23 incarcerated [1] 38/11 K G included [2] 26/25 6116 her [5] 53/2 53/9 53110 53110 [l keep [1] 36/1 GRAY ... [3]52/10561105611I including [1] 24/22 53/I2 Kenneth [3] 4110 3711 37/6 great [1] 44119 here [16] 16/I7 23110 24/I2 30/24 incorporate [1] 2111I kids [3] 50/17 53/I5 53/19 3I/7 35/2I 37/24 39/23 43/4 47/I7 INDEX [4] 3/1 4/I 4/7 4/I5 GREER [26] I /8 4/9 4/I 0 5/2I kind [15] 7/9 I0/7 I0/25 10/25 indicate [4] 31/16 31125 35/7 I 0/9 I4/22 16/8 I9/I4 20/I5 22/20 4917 54/3 54/14 55/15 55/24 5617

D I2/l 23/4 32/10 35/12 36/25 37/19 23/1 26/10 27/I 37/1 37/6 37/10 hereby [2] 59/4 6115 35/14 39/18 44/4 47/25 49/20 57/6 indicated [1] 8/22 37/12 4I/9 44/23 45/10 45/14 high [3] 38/18 48/20 57/6 knee [1] 49/5 indication [2] 29/7 57/I7 45/19 5I/IO 58/24 59/7 59/25 highest [1] 38/16

knew (2] 42/21 43/IO Greg [4] 4/13 12/9 I2/I5 I2/20 him [53] 7/I4 7/I4 7/18 7/20 7/23 indications [1] 57/5 B know (44] 7/8 I0/5 21/10 23/23 indicator (1] 40/8 Grimes [3] I717 43/14 54/21 8/8 8/17 9/2 9/3 9/4 11/17 16/18

34/2 38/I4 38/19 38/24 38/25

indictment [7] 4/21 28/2 28/5 ground [1] 49/6 27/9 28/12 29/14 29/22 38/20 39/20 39/21 40/10 40/24 41117 28/19 29/6 29/7 29/11 growing (I] 47/2 40/12 40/21 40/25 41112 41/14 42/3 42/6 42/16 42/18 42/I9 42/22 41/16 41119 41/23 41125 43/1 43/5 indigent [1] 59/18 guess (8] 9/3 I 0/3 40/25 44/24

43/2 43/3 43/4 43/8 43112 43/13 46/2I 47/20 49/22 53/15 43/9 44/7 46/19 48/19 48/24 50110 individual [12] 16/9 16/16 19/1 43/16 43/17 43/18 43/23 43/24 I9/14 19/16 22/12 22/20 23/20 guilt (2] 15122 29/7 50112 50/14 50/16 50/I9 50121 45/20 46/3 48/17 48/23 49/18 26/10 40/10 54/23 56/4 guilt/innocence [1) 15/22 50/23 50/24 5112 52/17 53110 49/I9 50/9 54/9 54/20 55/4 57113 individuals (1) 56/7 guilty [1) 56/3 53/14 54/13 54/24 55/1 55/13

information (4] 10/7 10/20 17/24 57/19 60/2 gun [10] 8/1 9117 I 0/24 11/5 1I/8 55/14 56/5 58/6 59/19 0 knowledl'e 131 36/14 53/1 53/5 24/24 43/9 43/11 5717 57/13 57/16 himself (2] 38/5 56/1 initiated (1] 7/9 guns (1] 54119 hired [1] 59115 L injury [1] 48/6 I!!UVS 131 39/10 39/1147/22 his (85] lab [3] 9/23 1113 32/9 inked (1] 14/13 hits [1] 49/6

H

0 lack (1] 23/8 innocence (1] 15/22 Hold (1] 5/20 last [6] 26/25 42/22 44/24 51/3 habitation [6] 17116 18114 22/5 Honor (4] 12/10 36/22 44/20 59/6 ins (1] 56/15 55/6 55/20 25110 25115 31/21 Institutional (1] 59/3 Honorable (1] 11I6

late (1) 40/24 half[1] 13/4 horribly [1] 47/IO insulin (2] 48/4 48/I2 0 Latent (1] I3/20 hand (3] ll/15 Il/2I 61/13 intelligence [1] 38/9 hours (1] 13/I5 later (1] 37/2I handcuffs [1] 9/3 houses (1] 54/I9 interact (1] 53/14 law [9] 23/I2 39/2 40/4 44/24 handgun (1] I 0/5 interrupting [1] I7/I8 Houston (1] 7115

investigator (5] 12/22 I3/24 14/7 47/7 54/24 56/16 56/24 57/22 hanging [2) 35/4 35/5 how [17] 5/2I 5/25 6/22 7 /I 7/5 laws [1] 8/9 D happen [1) 41118 7/13 I2/24 13/6 21/I8 23/I3 37/I2 I6/23 25/9 lawyer (2] 59/20 59/24 happened [1) 7/23 37/22 38/1 38/14 4I/3 45/23 53/2 involved (1] 54/20 least (1] 55/8 happens [1) 56/3 However [1] 58/5 is [165]

leather [2] 9/12 9/18 happy [I] 56/25 huh [17) 40/6 40/16 4115 42/5 isn't [2] 44/11 52/15 led (1] 57/5 hard (1] 58/18 issues (2] 48/15 58/2 0 43/7 45/5 46/2 46/6 46/14 46/23 LEE [1] 2/5 harm (1) 57118 47/14 47/19 47/24 48/11 49/5 5118 It'll (1] 27/10 left [2] 35/8 45/21 harmed [I] 57117 it's (43] 14/13 15/2 I5/I8 I6/I4 52/16 I6/20 16/20 16/25 18/8 20/25 21/5 legs [3] 48/5 48/23 49/4 hasn't [2] 20/24 42112 human [1] 52/25 lesser [1] 29/14 have [76) 21/9 211IO 211I9 22/7 23/4 23/I6 hurdle (2] 16/19 23/19

0 let [1] 32/I9 haven't [2] 34/3 48/24 hurdles [1] 23115 23/I7 26/I 26/15 29/6 29/8 29/8 let's [1] 55/21 having [6] 6/I3 12116 13/17 37/7 29/I6 31/12 3217 32/8 32/15 34/8 hurt [1] 11111 . 43/9 45/15 level [3] 59/25 60/1 60/3 40/22 40/24 49/I2 54/10 55/23 husband 121 47/5 50/6 license [2] 10/8 24/4 he'd [2] 40119 49114 55/23 56/4 56/20 57/13 57/13 I

0 lie (1] 56/5 he'll [2) 49/21 52/23 57/14 57114 57/16 57/22 58/15 life (15] 37/21 39/16 40/24 41/23 he's [43] 12112 37113 37/18 39/20 I'd [3] 29/6 37/20 59113 itselff1l 56/24 42/1 42/4 44/5 46/19 47/3 48/8 40/4 40110 40/18 4114 42/1 42/7 I'll [7] 5/11 14/9 25/3 36/9 41/2 J 42/7 42110 42/19 43/4 44/15 46/14 49/14 49/16 56/18 57/16 58/7 50/2 59/8

0 lifestyle [1] 55/17 46115 47/22 48/4 48/9 48/16 49/22 I'm [32] 7/4 7110 12/22 14/7 jacket (1] 24/3 52/11 54/I 0 54/17 54118 54119 lifetime [1] 54/7 16/23 17/2 17/9 17/18 18/4 18/6 jail (7] 29/25 40/21 43/14 43/18 like [8] 9/7 24/8 37/20 39/5 48/9 54119 54/20 55/1 55/6 5517 55/8 I9/3 19/25 21118 21124 24/12 47/17 47/22 48/16 5519 55/10 55/20 55/25 56115 48/25 51115 59/11 25/17 26/12 26/14 29/18 30/2 jailer [1] 54/6 56/16 56/18 57/22 59110 59118 likelihood [1] 40/14 32/22 32/25 34/13 34/14 38/20 Jones [1] 2/11

0 limit [1] 8/12 head [3] 49/24 5011 50115 49/21 50/9 53/6 54/6 54/15 55119 judge [67] health [3] 47/25 48/6 49/25 Linden [1) 38116 56/6 judgment [62] link [3] 23/19 27/1 27/9 hear [2] 37/10 53/6 I've [7] 13/15 13/I7 14/8 18/4 judgments (7] 19/8 19/10 23/13 linked [3] 22/8 22/14 24116 heard [4] 39/22 45/25 4712 52/11 27/22 32/23 39/10 33/18 40/2 58/2 58/I3

0 linking [I] 10/8 hearings [I] 56/22 JUDICIAL [2] 1/8 17/15 identifiable [2] 23/8 27/3 links (1] I6/18 hearsay (15] 9/23 I 0/16 10/22 identification [4) I3/10 I4/8 18/5 jury [8] i6/7 17/11 17/14 17/25

' list [2] 59/13 59/22 15/9 16/13 16/14 16/20 16/20 27/23 22/10 39/24.49/1 54/2I listed [6] I6/17 22/9 24/4 25/1I 17/22 20/25 23/17 32/7 3411I jury's [1] 56/25 identify [2] 20113 2112

0 33/6 34/I 34/II 53/4 identifying [4] I0/7 10/8 I3/21 just [29] 5/7 5/8 5/18 10/3 I3/I7 held (2] 1115 I/17 I5/I3 I5/14 I5/19 17/3 I9/7 24/9 listened [1] 40/I 21/I5 24/I7 25/8 27116 29/2I 32/11 33/6 listing (1] 49/2 help (8] 39/20 50/19 50/21 50/23 identity [2] 24/25 27/9 litany [1] 24/9 50/24 5112 52/23 52/23 III [1] 11I6 34/7 35/25 40/9 4I/9 46/I2 48/6

0 helped [1] 53/2 49/5 49/6 50/5 50/10 58/13 59/13 literally (2] 54/7 55/I8 importantly [1] 53/15 helpful (1) 39/20 impressions [1] I4/I3 Justice [1] 59/4 little [4] 6/23 7/2 46/25 47/3 .. 0 Demse C. Ph!lhps, CSR 0 n

5 State v David Duane Greer 11/15/12 Vol 5 L morning [5] 5/4 515 6116 18/20 O 54/13 54/22 1----------~ 24/10 1 - - - - - - - - - - - jOU t (23) 17/7 18/12 19/11 22/25 0 Jive [2] 5/12 57/17 most [1] 38/23 object [13) 9/21 15/8 15/16 16/2 22/25 39/9 40118 40/19 43/3 43/6 Jives [1) 54/13 mother [2) 45/24 55/25 20/21 20/24 27/6 29/6 29/8 29/9 43/11 44111 47/22 4911 49/5 50121 living [I] 12/21 motivation [I) 4311 29115 32/6 32/13 50/24 51/3 51/19 51/24 52/3 53/9 long [9) 6/22 7/1 7/5 12/24 I317 move [1) 27/15 objected [2] 21/10 2717 5517

!] 23/13 49/20 5I/15 58/10 moving [1] 13/5 objecting [1] 33/17 outstanding [1] 7/24 longer [I] 54/25 Mr [26] 5/21 6/15 8/5 12/18 20110 objection [2I] 10/1610/22 16/13 over [9] 6/23 7/213/15 13/19 look [1] 18/6 23/8 2517 26/23 27/13 27/14 36/1I 16/22 17/18 17/21 20/22 21/25 16/19 23/15 23/17 38/16 44/24 looking [2] 49/14 56/18 37/9 37/10 41/8 41/9 44/22 44/23 22/1 25/5 26118 28/23 28/24 29/3 overall [1) 48/6

0 lose [2) 56/23 59/25 45/17 50/4 52/10 54/2 56/10 56/11 29/19 32/23 33/15 33/21 34/19 overrule [1] 16/22 lost [1] 60/2 58/24 5917 59/25 3615 53/4 overruled [4) 25/5 27/10 28/24 lot [4) 9/13 3817 48/24 52111 Ms [1) 45110 objections [4) 20/23 28/22 30/18 1-'3~0::..:12~0:..- ___ ____ --t lots [2] 23/12 23/12 much [1) 52/1 30/20 p love [7] 41/12 41/14 41/16 41/17 multiple [3) 42/10 42/19 55/9 observed [1] 8/8

0 4417 50110 50111 must [1] 24/14 obtain [1] 38/12 P-A-S-C-H-A-L-L [1] 2417 low (1] 5817 my [9) 7/8 10/13 21/5 27/1 41/16 obviously [4) 40/11 40/17 40/24 pack (20) 4/19 4/19 19/5 1917 lowest [1] 57/3 41/17 44/24 51/IO 61/13 5817 19/1019/13 19/19 19/22 21/14 ~ rL"-l.!!vJne::.!t~te:..LI~IlL...4.:.:5::..:12~2,__ ____ -t.!!;m=v!se:.!!lfu'fl.!..IlL...:::50~/.£...9 ____ _ --ioccasion [3] 13/24 18/20 30/8 22/16 22/19 22/22 24/4 25/18

.0

M

N occasions [I) 14/2 25/20 26/15 31/20 32/14 32/15 1 - - - - - - - - - - - t - - - - - - - - - - - i o c c u r r ed [3) 38111 57/2 6117 35/22 ma'am [2) 50/5 53/22 name [7) 6/16 12/19 22/22 45/18 occurs [1) 49/9 packet [2) 20/5 26/16 machine [1] 1/19 51/5 51/10 51/11 October [1] 29/22 page [8] 3/3 4/3 17/9 18/16 18/18

0

made [6] 11/10 18/17 38/15 38/16 named [4] 19/14 22/20 23/126/10 off[5) 11/3 18/22 24/3 53/1 59/13 31/21 31/25 3317

54/21 56/4 nature [3] 11/1 1117 15/24 offense [9) 19/23 24/14 27/17 pages [1] 33/1 magical [I] 23/14 natured [1) 39/19 33/2 35/18 56/12 56/24 57/13 paid [5] 4017 58/12 58/14 61112 Main [I) 2/11 necessarily [1) 48/24 57/13 61/12 need [5] 5113 5116 21/15 39/20

0 make [2) 38/20 39/13 offenses [2] 55/9 58/16 paid/will [1) 61/12 makes [1) 48/20 48/18 offer (7] 15/1 20/1 26/14 28/17 Paragraph (2] 5/19 5/24 maldng [1) 42/13 needs [1] 56/2 30/14 35/25 36/1 paragraphs [5] 5/14 16/1 56/18 man [2) 51117 57/11 never [6) 11/6 38/20 43/12 54/4 offered [IO) 4/1715/615/14 1617 56/19 58/21 many [2) 14/2 14/3 58/13 58/15 20/5 26/17 28/20 30/17 36/4 61/10 paraphernalia [1) 9/20

0 marijuana [2) 32/4 34/24 new [1) 43/10 offering [1) 29/10 parole (11) 10/12 10/19 10/20 marked [4) 5/8 14/8 18/4 27/22 next (12] 12/8 2317 31/25 34/25 office [4) 12/23 13/5 13/20 47/21 40/18 55/3 55/5 55/6 55/6 55/8 Mary [1) 59/23 35/2 36/23 45/9 53/23 55/21 59/22 officer [14) 6/24 7/1 7/4 7/5 717 55/10 55/20 match [3) 21/4 2617 30/13 60/1 60/3 . 10/12 10/20 12/6 12/10 13/2 13/6 paroled [2) 43/3 43/6

0 matched [I] 22/6 nice [1) 54/10 13/23 35/8 35/9 part [5] 37/20 37/21 38/23 43/10 max [1) 55113 nine [1) 44/25 officers [3) 57/5 57/9 57/9 53/I 0 maximum [1) 56/14 ninth [1) 37/24 Official [4) 1/22 61/4 61/I3 61/17 participate [I) 35/I5 may (19) 12/10 14/4 14/6 17/20 no [76) oh [14] 5/13 38/6 39/5 41/13 particular [7] I0/6 15/13 19/16

0 20/25 21/17 24/20 24/21 32/11 No. [2] 1/3 22/18 41/20 42/2 42/21 4317 46/17 48/2 22/21 27/9 32/9 32/11 32/11 32112 32/12 33/14 34/9 No. I2-03324-CRF-272 [1] 1/3 48/17 52/14 52/19 53/17 parties [2] 61/6 61/10 38/11 56/24 56/25 58/6 61113 No. 15341 [I) 22/18 okay (76] Paschall (2] 2417 24/I2 mean [15] 21/6 34/1 38/2 39/15 Nods [2] 49/24 50/1 old (3] 39/6 41/3 58/9 pass [9] 8/3 12/4 27/5 36/9 36/18

0 40/9 42/9 42/15 43/2 43/3 43/23 normal [2] 38/22 38/25 older [2] 39/9 39/10 41/2 45/6 50/2 53/20 44/8 44/9 52/13 54/17 58/13 normally [1] 56/12 one [40] 5/19 5/25 15/3 16/9 passed [1] 38/2 means [1] 24/21 not [64] 16/16 18/25 19/10 21/3 21/10 22/9 passenger [1] 9113 mentioned [I] 46/3 noted [1] 6/2 22/12 23/11 23/16 23/2I 23/23 past [1] 40/4

0 messages [1] 45/21 nothing (6] 12/5 23/14 44/20 4517 24/I5 29/24 32/10 32/20 33/11 patrol [6] 7/4 7/5 7/7 7/8 9/4 methamphetamine [6) 7/25 9/20 52/8 53/2I 34/3 34/I6 34/25 35/2 37/16 38/15 10/13 16/11 17/5 31/14 57/14 notice [6] 33/17 33/I8 33/19 43/17 44/3 44/4 44/6 44/13 46/4 paying (1) 35/12 methamphetamines [4) 9/22 35/1 33/25 34/1 34/3 47/20 49/12 52/22 55/20 5611 peace [3] 6/24 7/1 13/6 35/3 57115 notifying (1] 35/9 56119 59/9 59/22 pen [21] 4/19 4/19 19/5 1917

0 might (4) 1I/1I 25/2 53/2 60/2 November [5) 1/14 3/2 4/2 5/2 only [7] 10/1 16119 23/9 34/14 19/10 19/13 I9/19 I9/22 20/4 minimum [1] 49/14 31/12 46/22 50/9 53/15 21/14 22/16 22/19 22/22 25/18 minor [1] 44/15 now (24] 7110 8/22 1116 13/8 open [1] 6117 25/20 26/15 26/16 31120 32/14 minute [I] 33/6 14/24 16/24 17/2 17/9 18/4 18/16 opening [3] 6/4 6/5 37/1 32/15 35/22

0 minutes [I] 14/19 19/3 19/3 25/17 27/14 27/22 30/2 opportunities (I] 42110 penitentiary (I] 40/13 misdemeanor (2) 43/22 55/12 31/9 32/24 44/16 46121 50/18 5417 opportunity (2] 40/19 46/16 people [4] 32/9 35/4 54/10 54/25 54/16 5519 miss (1) 60/2 order [2) 33/1 42/6 people's (1) 54/19 mode [1) 24/18 nowadays [I] 38/25 ordered [1) 35/16 period (2) 40/14 47/18

0 mom (2) 37121 45/10 numb [1) 48/5 original [1) 31/10 permission [2) 11/2312/2 moment[!) 5/8 number [12) 16/10 18/10 19/17 other [14] 8/10 16/19 23/11 24/17 person [IO] 14/21 25/1 39/18 month (1) 46/11 22/21 22/23 24/22 25/22 25/25 28/22 3317 35/21 37/15 40/22 39/19 39/19 39/20 40/10 56/8 months [3) 44/25 4511 45/2 26/2 26115 32/1 42/18 41/17 44/18 51/5 58/11 61/6 57118 57/18

0 more [4) 41/14 41/17 50/10 53115 numbered (2) 1/16 6117 others [1] 52/18 personal [I] 36113 morgue [I] 13/21 numbers [I) 42/21 our [6) 11/5 37/13 44/19 47/21 persons [I] 13/22

[] Dentse C. Phillips, CSR 0

lJ 6 State v David Duane Greer 11/15/12 Vol 5 schools [1) 37125 report [1) 9/23 Prosecution [1) 52/12 p scored [1) 38/18 reported [2) 1118 61/8 prosecutor [1) 23/2 reporter [5) 1122 6117 52/6 6114 SEAL [1] 61/13 phase (1] 15/23 prosecutors [1) 57/20 D---.. search [3] 8/25 11123 12/2 61/17 Phillips [4) 1122 6114 61/15 61116 proud [1) 47/10 prove [7) 21114 23113 24/14 24/19 REPORTER'S [4] Ill 61/7 61/9 searched [2] 8/22 9110 philosophy (1] 54115 seat [5) 5/3 6111 12/14 37/5 57/4 photo [1] 20/17 24/21 27/8 34/4 61111

D second [6J. 17/9 18/16 18/17 23119 photograph [3) 20118 2111 21/3 proven [1) 57/25 reports [1) 32/10 50125 56/20 represented [I) 22/17 physical [1] 58/19 provided (2] 27/8 41125 see [6) 41/18 41/21 44/9 46/16 public [7] 16114 16/21 20/3 23117 requested [1] 61/6 pick [1) 11/19 50/12 50/14 piece (1) 34/11 27/24 30/3 37/25 required [2] 24/18 38/17 resist [1] 57/9 seems (1) 51/15 piecemeal [1] 37/20 punished [2) 58114 58/16

fJ seen [2) 52/17 53/14 pistol [4) 10/8 5712 57/21 57/24 punishment [11) 1/11 31117 49/9 respect [5] 18/3 23/9 30/23 57/1 seize [1) 48/25 place [1) 9/3 49/11 49/17 56/22 5811 58/4 58/12 58/5 respective [1) 61/10 self [1) 7/9 placed (3) 8/17 9/2 33/3 58/22 59/2 self-initiated [1) 7/9 planned [1] 52/24 purpose [1) 34/9 respond [1) 21117

D purposes [4] 14/8 1511 18/5 27/23 rest [2] 36/24 53/24 sent [2] 11/3 55114 plead [2] 5/21 5125 sentence [15] 4/18 4/20 4/20 4/21 pled [2] 29114 55/12 lout -[41 9/4 13/24 44110 56/1 restrict [2] 58/3 58/22 4/22 15/6 15/9 20/5 2111 24/20 point[ll] 9/23 ll/13 15/1 19/25 Q retake [3] 38/17 38/20 38/21 28/20 33/20 34/8 40/12 49/20 retired [1] 13/3 2411126/13 28/16 37/1 3911 40/18

D sentenced [6] 27/19 29/24 34110 47/6 quality [2] 20/16 2119 retook [1) 38/19 35/18 35/22 59/4 police [5] 13/2 13/4 13/20 13/23 question [4) 22/7 32/20 42/13 revoke [1] 34/15 sentences [5] 15/24 30/17 36113 57/5 42115 revoked [2] 34/10 55/13 Revoking· [1) 33/1 52/12 58111 poor [1) 20/16 questions [3] 36/19 41/950/5

0 louite Ill 8/6 revolving [1) 57/12 separate [6) 19/22 19/23 25113 pop [1) 54/24 29/3 54/17 54118 portion [1] 9/25 right [43] 5/9 5115 5/23 6/7 6/11

R

8/610/24 11/711/15 12/14 14/14 serve [1] 29/24 portions [1] 61/5 R-U-E-B-U-S-H [1] 6/19 14/16 16/17 20115 25/3 25/8 26/12 service (1] 7/8 position [2] 9/6 56/1

0 positive [2) 44/6 44/8 raised [1) 50/17 32/21 36/16 39/2 39/14 39/24 services [1] 52/25 range [4) 49/9 49/11 49/16 58/4 44/24 45/13 46/1 46/5 46/22 47/12 set [3] 26/25 28/7 57/23 possessed [1) 46/19 rationale [1] 27/7 possession (4) 16/t'l 17/4 31113 47/13 47/18 47/23 48/21 48/22 seven [2) 6/23 7/2 read [3) 5116 5/18 39/10 50/10 50122 50125 53116 55/13 several [4) 20112.20/12 4511 45/2 43115 reading [1) 24/12 possibility [1] 49113 5617 58/24 5917 59/14 60/4 Shakes [1) 50115

0 ready [2] 5/5 5/10 she [4) 52/25 53/5 53/9 53111 possible (3) 45/3 57/3 57/3 right-hand (1] 11/15 really [4) 23/9 40/9 5112 57/20 practically [1] 50/17 road [1] 52/22 She's [1] 46/8 reasonable [2] 24/14 34/5 sheet [1] 26/25 preferred [1) 24/21 Roughly [1] 7/6 reasons [1] 47/20 prejudicial [2] 29/8 32/8 Ruebush [5) 4/12 6/9 6/12 6/18 shoot [I) 57/9

0 I recall (1) 16/6 shots [1) 48/13 preparation (1] 61/11 12/10 / presented (2) 5/19 5/24 received (3] 13/9 31116 34/3 rules [3) 54/6 54/15 57/23 should [I] 57124 recently (1) 46/12 show [2) 14/8 23/16 Presiding (1] 1117 RULING [1) 58/23 reckless (1] 31/5 pretty [4] 13/8 49/8 49/16 52/1 run [3] 8/15 1111 56/15 showing [2] 54/7 54/8

0 recklessly [I] 8/11 shown [3) 15/3 20/2 43/4 previously [2] 15/3 20/2 run-ins [1] 56/15 recognize [5] 7111 7/13 14/9 18/7 running [7]17/17 17/20 20/22 Primarily (1] 57112 shows (1] 29/12 19/4 print (1) 23/11 sibling (1] 46/1 28/23 33/14 34119 39/9 I record [7) Ill 12/19 16/15 45/18 RYAN Ill 2/4 prints (10] 10/25 13/21 15/24 side [4) 11115 52/13 52/21 58/1

0 s 18/21 21/4 21115 23/9 26/25 27/1 61/7 61/9 61/11 signed [1) 16/5 29/5 REDIRECT [2] 44/21 52/9 significant [3] 49/8 49/16 49/20 reduced [1) 43/22 prior [8) 13/1 24/13 24/15 24125 S-1-L-B [1) 12/20 Silber [8) 4/13 12/9 12115 12/20 27/7 34/15 56/15 56/15 refer [8] 16/24 17/2 18/4 19/3 S.W.3d [2] 23/25 24/8 1417 16/23 25/9 27114 25/17 27/14 27/22 30/2 priors [1) 22/10 sad [1) 55/23 simply [1) 2119

0 reference .(3) 9/22 32/11 52/13 said [5) 22/23 24/9 38/7 41/10 since [3) 15/11 5517 5519 'prison [18) 40/14 49/17 49/21 50/22 50/24 51/3 51/13 51/21 52/2 referenced [3] 26/3 26/8 59110 50/6 sir [9) 5/5 6/16 6/21 6/25 20/8 references [ 1) 33115 52/12 54117 5517 55/25 56114 same [29) 9/18 16/916/16 17/14 33/10 4116 45/8 53/8 57/23 58/9 58114 58/17 Referencing [1) 31119 18/10 18/25 19/1 19/11 19113 sitting [1) 5617

D

refers [I] 23/8 probably [5] 41114 47/9 50/10 19/20 19/22 21/3 22/12 22/16 situation (1] 38/4 5112 55/25 reflects [1) 61/9 22/17 22/22 22/23 23/2 23/2 23/2 sky [1] 48/20 regards [5) 13110 26/24 33/17 probation (6) 31/23 32/1 33/2 23/5 25/10 26/2 26/14 26/18 2717 smallest [1) 57/3 33/19 36/12 33/6 35/8 35/9 33/5 35122 44/10 society [3)40/20 58/12 58/15

D registration [2) 7/21 8/10 San (2) 13/2 13119 problems (5] 40/4 47/25 48/15 some [16) 8/6 10/18 35/11 39/1 related [2) 37/12 45/23 58/10 58/19 satchel [3) 9/12 9/16 9118 3919 40/1 40/2 40/4 45/21 47/2 relating (1) 22/20 proceed [I] 5/6 save [1) 5112 47/6 49/17 49/25 56/15 56/15 58/2 proceedings [5) 1115 1/18 60/5 release (1) 15/12 saw [1) 8/13 somebody [2) 54/20 59/13

0 released (1] 15/21 6116 61/9 say (11] 8/21 9/8 11118 14/20 somehow [I] 23120 relevance [2] 29/6 29/16 32/16 35/4 40/5 43/2 47111 49/23 someone [I) 21115 processed (I) 11/5 relevant [3) 29/16 3217 58/11 proof (3) 23/5 24/18 24/23 55/24 something [4] 41/21 41122 47110 proper [3) 2115 21/9 21113 remains [1] 56119 SBOT (3) 2/4 2/5 2/lO 58/7

0 remember (5) 7117 7/20 51112 properly [2) 15/9 20/24 scene [I) 13/21 sometimes [2) 54/9 54111 51121 51/24 prosecuted [1) 43112 school [4] 37/23 38/1 38116 47/3 son [6) 37/13 37118 41110 41117 .. 0 Demse C. Phillips, CSR 0

7

Stt D 'dD uane G reer 11/15/12 \fol 5 a e v. avt s trying [3) 11116 11/18 21119 48/25 54/22 54/24 55/12 55113

T

55114 5617 57/16 58/11 twenty (2) 49/12 56/20 take [8] 7/8 14/18 20/6 21/9 26/19 they're [6] 20/14 20/16 27/3 34/2 two (24) 5/24 14113 23115 24110 son ... [2) 50/7 50/9 24/15 24/19 30119 3I/20 34/4 son's [2] 5115 51/10 3417 34/14 48/12 46/I7 48/5 they've [2] 44/11 57/25 42/21 44/3 44/4 44/18 46/4 46114 sort [I] 59/10 takes [2] 53/19 54/11

n talk [3] 2317 37/20 43/5 thing [7] 7/9 9/I5 2317 32/10 46/15 49/11 49/12 49/13 49115 soul [I] 5612 50117 56/13 56/20 58/4 speaking [I] 49/8 talked [I] 47/3 35/12 37/20 43/11 tying [2] 57/14 57/14 special [I] 48119 talking [3] 11117 23110 53110 things [7] 11/10 I5/8 4I/25 42/3 type [6] 917 10/4 10/18 I 0/19 25/I talks (I] 24/11 4217 44/10 54/12 specialized (2] 13/9 13115 think [17] I11I6 II/I8 2I/5 2119 40/11 specific [2] 24/18 53/1 taught [I] 13117 TDC [IO] 19/8 19/17 21/I6 22/21 2IIl2 21/13 21115 3417 39/4 39/5 ltvoes fll 56/2I · specifically [7] 15112 16/8 22/14 22/19 23/23 29/13 32/4 22/22 27/20 31117 35/19 35/23 39/5 40/I8 40/22 41120 42/25 u speed [2] 8/12 57/6 55/14 43/22 45/21 Uh [I7] 40/6 40/16 41/5 42/5 4317 teachers [2] 38/3 38/6 third [3] 31/21 49/11 56/13 spell [I] 6117 45/5 46/2 46/6 46/14 46/23 4 7114 spent [4] 13/2 13/3 13119 54/7 technical [I] 35/11 third-degree [2] 49/11 56113

D 47/19 47/24 48/11 49/5 5118 52/16 Spikes (I] 48/21 technically [I) 49/15 this [75] Uh-huh (17] 40/6 40/16 41/5 42/5 spring [I) 49/23 Telephone (3) 2/7 2/12 61119 those (24) 14/15 14/18 15/15 20/13 27/1 27/24 30/3 30/6 30/18 43/7 45/5 46/2 46/6 46/14 46/23 tell [3) 5/11 18/6 52/3 stand [4) 37/2 54/3 55/24 58/24

30/20 32/8 33/11 34/1 36114 36/15 47/14 47119 47/24 48/11 49/5 5118 starches [I] 48/19 ten [5] 35/19 49/12 56/13 56/14 D 58/4 40/7 52/13 54/11 56/17 58/2 58/3 52/16 start (2) 54/7 54/16 ultimately [i) 29114 started [2) 39/1 47/6 ten-years [I) 35/19 58/15 58116 58/20 unadjudicated [I) 33/16 state [I6) 1/6 2/3 6/9 6116 10/21 testified [5) 6/13 12/16 36/12 3717 though [2] 11/16 52/15

under [6) 8/17 9/2 22/22 27/6 12/19 23/24 23/24 24/8 24/14 45/15 thought [I) 11/11 0 32/23 57/23 24/21 39123 45/18 57/10 6111 6114 testify [2] 21/16 32/9 three [5] 13/3 44/1 44/6 54117 Underlying [1) 32/18 STATE'S [62) testimonial [1] 25/2 55/8 understand (5] 15/16 38/10 38/15 testimony [2) 9/24 21/2 through [3] 34/2 39/10 55117 stated [2) I 0/14 54/15 40/15 47/9 statement [1) 6/4 testing [2] 1 0/25 3 2/10 throughout (1] 42/4

0 understood [1] 43/23 states [1] 16/8 TEXAS [14] 116 117 1117 1122 thrown [1) 43/11 unduly [2] 29/8 32/8 Station [1) 13/4 1/23 217 2112 57/10 59/3 6111 6114 thumb [2] 14/14 14/16 thumbprint [3] 18117 18/21 30/6 unknown [1] 13/22 Stay [1) 59/24 61/16 61118 61/19 thumbprints [3] 14/21 30/9 30/12 unlawful [1] 43/15 Ste (I) 61118 than [ 6) 8/10 28/22 41114 41117 stealing [I] 54/19 50/10 54/5 time (23] 5/12 8/6 40113 40/14 until [1] 55/6

0 up [12] 5/20 11/19 21114 23/13 stenotype [I] I/18 Thank [4] 12/7 34/21 36/22 59/6 40/22 40/25 43/13 44115 47118 49/3 49/17 50/22 50/25 5113 51/15 27/8 32/20 46/20 47/2 49/15 54/5 step (3) 12/6 45/8 53/22 that (283] 54/13 54/14 54114 54/14 55/6 56/4 57/25 58/24 still [4) 34/4 42112 44/7 51117 that's [18] 9/23 11125 12/3 18/5 us [9) 22/15 25/9 38/6 40/22 45/4 stipulate [1] 15/13 21112 21113 24/8 25/11 25/12 58/10 58/18

0 47/23 54/8 54/12 57/21 stipulated [8) 15/4 15110 15/15 32/10 35/21 43/23 46/19 47/9 times [2] 54/18 55/9 use [3] 8/18 13/25 49/2 15/17 15/20 15/23 16115 22/11 47/12 47/20 57/16 58/10 titled [I] 1115 used [1] 32/4 stipulating [1) 16/2 theft [3] 27117 29/22 57/13 today [2] 14118 18/22 stipulation (2) 15/15 16/5 their [4] 41121 46/4 4617 58/1 uses [1) 49/3 together [1] 36/1

0 them [7] 13/3 21/7 21/8 41122 usuallv fll 9/3 stop (5) 7/25 42/6 52/22 55/1 told [4] 25/9 38/6 40/22 54/5 55/18 44/6 50111 50/18 v too [1] 43/4 stopped [5) 7/I4 7/14 7118 7/20 themselves [1] 39/1I took [4] 14/15 18/22 28/12 53/10 V.Dire [1) 4/8 7/23 then [5] 13/3 51117 51125 52/4 top [3] 9/13 9/15 55/21

D variety [2] 23/21 40/13 straighten [1) 46119 55/14 total [1] 61111 vehicle [8] 7/22 8/23 8/25 9/10 Street(4] 1123 2/6 2/1161118 there (36] 9/12 9/13 9/I4 9/16 touch [1] 59/24 11124 12/2 57/4 57/21 stuff [4] 5/8 9114 32110 34/5 9/18 10/7 10/12 10/18 10125 11110 traffic [1] 8/9 verify [I] 10/20 ' styled [I) 61/7 11115 11/24 15/13 15/14 15114 training [6] 13110 13/13 13115

0 very [8] 9113 9/14 9/15 20116 such [I) 24123 17/13 18/I7 18/19 20/17 21/1 21/2 13/17 13/17 13/24 39/I9 44/23 54/21 54/21 suffice (I] 25/2 23/14 23/20 24/5 25/22 25/24 transcription [I) 6115 violated [1] 56/24 sufficient (2] 24/24 27/8 39/21 41/23 48115 50/16 52/15 Travis [I] 1116 violating [2] 8/8 33/6 sufficiently [I) 22/14 52/24 56/2 57/2 57/24 58/2 trespass [2] 33/12 34/17 violation [I] 34/22 sugar [1) 48/20. there's [I9] 9/23 9/24 22/7 23/12 trial [6) 1/3 17/11 23/20 39/24

0 violations [5] 32/1 32112 33/11 Suite (2) 1/23 2/6 23/14 23/15 23/21 24/9 26/24 29/5 48/24 4911 sum [I] .54/4 40117 41/21 49/13 49115 49/16 34/3 35/11 tried [6] 1116 38/20 50/19 50/21 violent [I] 57/11 sunglass (2) 9/18 9119 52/13 57/5 57/10 57/17 50/24 51/2 visit [1) 10/19 supervision (2] 15/12 15/22 therefore [I] 21/12 tries [1] 51120

0 supposed [2] 35/5 54/12 therein [5] 17/24 20/17 2111 32/7 trouble [5] 39/2 39/11 44/12 47/6 visiting [2] 38/3 40/21 voir [4) 20/6 20/9 26/19 26/22 sure (4] 21/18 38/21 42/9 49/18 33/15 50/14 true (22) 5/22 5/23 6/1 6/2 15/18 volume [4) 112 3/2 4/2 61/6 suspected (I] 43/9 these [11] 16/1 2011 24/9 24/19

18/1 22/10 26/3 33/9 34/17 35/15 Volumes fll 1/2 suspicious (I] 11111 24/22 39/10 5617 56/21 58111 40/8 44/11 49/10 49/12 49/13 51/3 w 0 sustain [I] 29/I8 58/12 58/13 Sustained [3] 9/25 10/17 10/23 they (37] 15/4 18/25 1911 20/2 56/17 58/3 58/21 59/2 6115 W-A-D-E (1] 6/18 swing [1) 11119 21/14 21115 23/25 24/l 24/2 24/16 truly [I] 61/9

Wade [3] 4/12 6/12 6/18 sworn [8) 6/10 6113 12/13 12/16 27/8 27/25 28/15 29/14 30/5 3017 truth [I] 34/15 try [7] 8/15 51119 51/24 52/3 54/4 waive (2] 6/5 36/25 37/4 3717 45/12 45/15 32/8 33/9 33/18 33/24 34/4 3817 0 walk [I) 48/24 38/18 38119 44/9 44/9 48/17 48119 57/8 57/9 Q Demse C. Phtlhps, CSR ^{[0] [0]} D

8 ·State v David Duane Greer 11115/12 Vol 5 w whole [1] 41/23 your [30] 6/7 61167/'} 717 7110 12/8 12/10 12/19 13/9"13/23 32/23 why (4] 7/20 15116 29/10 47/20 want [14] 5/1.2 14/24 21114 27/14 34119 36/22 36/23 37/1441/10 wide [1] 40112 44/20 45/9 45118 47/5 49119 50/6 27/22 31/9 32/8 37/19 41118 44/9 wife [1] 37114 will [11] 6/2 6/6 1511 40/14 42/11 5016 53/23 58/3 58/5 59/2 59/6 50/12 50/14 54/22 59/12 wants [2] 39/16 41121 59/8 59/24 119/17 5116 5117 51/8 55/5 61/12 z WARD [4] 2/5 6/15 4118 50/4 WILLIAM [1] 2/5 warrant [1] 8/25 within [6] 15/20 22/22 33119 zero (1] 31117 warrants [1] 7/24 33/22 34/11 34/11 was [99] without (1] 35/9

D wasn't [2] 8/11 35/5 witness [21] 5112 6/8 6/10 8/3 way [12] 1119 15/23 21113 23/13 12/4 12/13 14/4 20/6 26119 27/5 23121 44/10 45/3 49/14 49/15 55/5 32/20 36/9 36/18 37/4 4112 45/6 57/6 57/18 45/12 50/2 52/24 53/20 61/13 Wayne [I] 46110 WITNESSES [2] 3/6 3/16

0 ways (10] 23/21 24/22 42/8 42/12 words [I] 55/18 43/1 43/5 51119 51120 51125 52/4 work [3) 6/20 47/23 53/1 we [62] worked [3] 6/22 44/23 47/21 We'd [I] 36/20 working [I] 7/15

D we'll [4] 6/5 28/16 36/24 59/19 works [1] 21/13 we're [2] 23/10 33/16 world [3] 41/15 56/2 57/15 we've [6] 21110 28/22 40/21 45/25 would [44] 8/219/211011112/19 47/2 52/11 15/7 15/8 20/21 20/23 27/6 27/6

0 weapon [5] 9/7 10/6 11/6 11113 28/21 2917 29/8 29/9 29/15 30/14 43/15 32/6 32/13 33/25 35/25 36/1 36/25 well (25] 6/6 14/25 1517 16/3 37/1 42/18 42/25 45/10 46/21 22/24 26113 27/14 29/2 30/4 32/19 46/21 47/5 48/3 49/11 49/22 52/20

0 33/25 34113 38/2 38/14 38/15 53/24 54/4 54/25 56113 56/13 38/19 39/9 39/24 40/21 41116 56/14 58/3 5817 58/21 59111 59/12 44112 47/21 50/12 52/21 55/5 writing [1] 6116 went [5] 43/13 51/21 52/2 5517 wron!!r3l 21/24 41/22 42/1

0 58114 y were [16] 11/10 11111 13/22 18/25 20112 26/25 28/10 32/1 33/6 y'all [1] 43/3 33/9 39/23 49/7 57/21 58/13 59/17 yeah [15] 14/19 38/6 38/6 41116 61/8 42/9 42/14 46/17 47/8 48/2 48/17

0 weren't [2] 33/24 3411 51123 52/14 52/19 53/3 53/17 West [I] 10/5 year [3] 29/24 54/24 58/9 what[46] 5/11 717 7/17 7/23 9/10 years [29] 6/23 7/2 7/6 12/25 13/2 10/4 10/11 12/21 13/1 13/13 14/8 13/4 13/8 13/19 15111 15/21 27/19

0 14112 18/4 1817 18/24 25/25 27/22 31/17 31/17 35/19 35/22 39/6 28114 28/22 29/12 29/13 29116 39/10 42/23 43114 48/9 48110 30/11 32/16 34/22 38/6 38/15 55119 55/21 56/14 56/14 58/9 38/24 3917 39/10 39/18 43/3 43/23 58/22 59/3 59/5

D 44/4 44/8 46/4 4617 46/19 48/3 Yep (2] 50/20 51/1 49/9 49119 52/20 56/3 56/21 57/2 yes [56) 6118 6/21 6/25 7112 7/21 57/25 8/7 8/24 9/5 9/9 10110 11/2 11112 what's [6] 7/3 17/3 19/5 31111 17/20 20/8 26121 33/10 33113

0 44/9 51/5 33/23 34/8 37/11 38/13 38/13 whatever [2] 39115 58/5 38/24 39/3 39/25 40/16 41/11 when [22] 7/23 8/8 9/2 11/16 41/13 4212 42!5 4219 42/21 42124 14/18 14/20 15/17 39/4 39/20 42/24 43/2 43/4 4317 43/20 43/22 48/17 48/18 49/7 50121 50/24 51/2 4411 45/5 47114 47116 48/14 49/3

D 51/12 51119 51/21 51124 52/2 52/2 50/8 50113 51/4 51114 51116 51118 54/5 52/1 52/5 5217 56/24 58/11 Whenever[!] 8/17 yesterday [3] 15/4 16/6 45/21 where (5] 9/11 9/17 10/6 10/9 yet [3] 44/6 54/13 55115

0 57/13 you [200] whether [1] 57/12 you'll [2] 517 32/19

' which [20] 15/2 16/1 16112 20/3 you're [8] 20/18 21118 36/21 21/23 22111 22/15 22/16 24/4 42/13 47110 48/18 57115 57/15 0 24117 25/8 27115 28/17 29/20 33/3 you've [13] 13/615/17 36112 36/2 42/18 43/22 48119 6117 39/22 40/1 40/1 41123 44/23 44/23 while (4] 10/13 24/19 38/11 48/16 45/2 45/3 50116 53/14 who [5] 14115 16/8 16/9 40/8 you-all (1] 47/21 54/20 young (1] 51/17 who's [2] 14/21 23/20 youngest [1] 46/11

.. Demse C. Phillips, CSR 0 [1

61 1 THE STATE OF TEXAS [1~-

·'

2 COUNTY OF BRAZOS 0

3

0 I, DENISE C. PHILLIPS, Official Court Reporter in and 4 for the 272nd District Court of Brazos, State of Texas, do 5 hereby certify that the above and foregoing contains a 0

true and correct transcription of all portions of evidence

6 and other proceedings requested in writing by counsel for the parties to be included in this volume of the 0 7 Reporter's Record in the above-styled and numbered cause, all of which occurred in open court or in chambers and 8 were reported by me. 0 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I further certify that the total cost for the preparation of this Reporter's Record is $ 0~0 . .;~::~. 0 and was paid/will be paid by ~G....(..b ~ Q_p~ \.... . 12 ~ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0

May, 2013.

14 0

15

16

D Texas CSR 17 Official Court Reporter 272nd District Court 0 18 Brazos County, Texas 300 East 26th Street, Ste. 204 19 Bryan, Texas 78703 0

Telephone: 979-361-4221

20 Expiration: 12/31/13 0

21

22

0 23 CERTIFIED o. 24 TRANSCRIPT

25

0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT o~ /

1

REPORTER'S RECORD 1 r---~. 2 Volume 6. of 6 Volumes ] Trial Court Cause No. 12-03324-CRF-272 3 ] 4 ·court of Appeals No. 10-13-00049-CR 5

I

l THE STATE OF TEXAS IN THE DIS~RICT COURT OF

6 7 vs. BRAZOS COUNTY, TEXAS

] 8 DAVID DUANE GREER 272nd JUDICIAL DISTRICT 9

1

10

1

11

12

~- 13 EXHIBITS l 14 15

l CERTIFIED 16 TRANSCRIPT ] 17 • 18 L 19 20

1. 21 Denise c. Phillips, Texas CSR #6482 Official Court Reporter - 272nd District Court ) 22 300 East 26th Street, Suite 204 Bryan, Texas 77803 t 23 979-361-4221 24 L 25 ·t ' r i\ ! \ DENISE C.PHitLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT 1 I 2 l A P P E A R A N C E S 1 2

] 3 ATTORNEY(S) FOR STATE: RYAN CHARLES CALVERT ] 4

SBOT NO. 24036308

5 WILLIAM LEE WARD

SBOT NO. 24077302

] Assistant District Attorneys 6 300 East 26th Street, Suite 310 Bryan, Texas 77803 7 l

Telephone: 979-361-4320

8 9 ATTORNEY(S) FOR DEFENDANT:

J

10 EARL R. GRAY ] SBOT: 24007265 Gray, Granberry & Jones 11 103 N. Main Street 12 Bryan, Texas 77803-3235 ]

Telephone: 979-822-4759

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DENISE C.PHILLIPS, CSR

r OFFICIAL COURT REPORTER 272ND DISTRICT COURT 1 0

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[! THE STATE OF TEXAS 1 2 COUNTY OF BRAZOS

n L 3 I, DENISE C. PHILLIPS, Official Court Reporter in and for the 272nd District Court of Brazos, State of Texas, do B 4 hereby certify that the following exhibits constitute true and complete duplicates of the original exhibits, 5 excluding physical evidence, offered into evidence during D the jury trial in the above-entitled and numbered cause as 6 set out herein before the Honorable Travis B. Bryan, III, Judge of. the 272nd District Court of Brazos County, State 0 7 of Texas, and a trial, beginning November 13, 2012. 8 I further certify that the total cost for the preparation of this ~orter' s Record is $ ~C1.~0and was D paid/will be paid by CYG. -z...o~ CD~~ . . .

9

D 10 WITNESS MY OFFICIAL HAND on this, the 3rd day of May, 2013. 11 0

12

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0 14 Texas CSR Official Court Reporter 0 15 272nd District Court Brazos County, Texas 16 .300 East 26th Street, Ste. 204 0

Bryan, Texas 77803

17 Telephone: 979-361-4221 Expiration: 12/31/13 0

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0 23 CERTIFIED 0 24 TRANSCRIPT 25 o· DENISE C.PHILLIPS, CSR 0FFICIAL COURT REPORTER 1272ND DISTRICT COURT

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n CHRONOLOGICAL INDEX 1 Volume 6 2 [J 3 ·Reporter's certificate 3 5 Sta.te 's Exhibit No. 1 6 2 4 State's Exhibit No. 0 7 State's Exhibit No. 3 8 State's Exhibit No. 4 5 9 5 State's Exhibit No. 0

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6 State's Exhibit No. 6 11 7 State's Exhibit No. 12 State's Exhibit No. 8 7 0 13 9 State's Exhibit No. 14 State's Exhibit No. 10 8 15 State's Exhibit No. 11 0 16 State's Exhibit No. 12 9 17 State's Exhibit No. 14 18 10 State's Exhibit No. 15 19 16 State's Exhibit No. D 20 11 State's Exhibit No. 17 21 State's Exhibit No. 18 22 12 State's Exhibit No. 19 0 23 State's Exhibit No. 19-A 24 ·13 State's Exhibit No. 20 21 25 State's Exhibit No. 0 26 14 State's Exhibit No. 22 State's Exhibit No. 23 27 28 15 State's Exhibit No. 24 0

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DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

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0 State's Exhibit No. 1 12 13 Arrest Warrant 0 14 (Record Purposes only} 15

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DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

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DISTRICT COURT ·o n

H- w Race Sex M ^[45] Dob 12/22/66 Age: Wt 218 HI 5' II" Hair Brown Eyes Brown

PID: 26619800

THE STATE OF TEXAS DA Complaintil 12-0 I ^[051] 0 13ook il VS. OIT 22990002 229'.1000 I Cause No. Charge: BlJi~CLARY OF HAllli"ATION

DAVIU IJUt\NI'. GREER 0 llURGLARY OF llUILDING Justice Court No. . .... Agency BPD 12·0 I 00799

0

TO ANY PEACE OFFICER

FOR THI' STATE OF TEXAS: GREETINGS WHEREAS wmplaint has been """Je by the undersigned Arfianl who upon his oath says that he has good reason to believe and docs l.>clicvc thm in th~ Cuunty or Brazos and State of Texas one

DA YID DUANE GREEit 0

hcreinah<'l" referred to as the Dd\:nd;u.l!. heretofore on or about.January 24,2012. did

then ~nd there intentionally or knowingly enter a habitatio11. without the ciTectivc <:onsent of Fred Wampler. the owner thereof, and ancmptcd to <:ommit or commined the!\ ofpropet1y. to-wit: computer und a razor. owned by

[1 Fred \V;n11pler, PARAGRAI'II TWO: and it is further presented in and to said Court. !hut the said DAVID GREER, in the County of Brazos and State or Tc:-<as on or about the 24th day of January, 2012 did

0 then and there, with intent to commit then, enter a habitation. without the dTectivc consent or Fred Wampler, the owner tht'rcot: COUN"I l"WO: ami it is further l>rcsentcd in and to said Court. that the said Dt\ VID GREER. in the County of Brazos mill State of Texas on or <~bulllthc :Z•IIh dny of January. 2012 did

0 then And there intentionally or knowingly enter a building or a portion of a building not then open to the public, --"~-·· without the eiTcctivc consent or Fred W<~~npler. the owner lhercor. and attempted to commit or cominitted theft of property. hrwit: tools and a bicydc, <>wnt·d by Frt•d Wampler.

0 PARAGI{;\PH TWO: and it is further presented in and tv !mid Court. that th~ said[)/\ VID GREER, in the County of Brazos and State ol'Te:-<as on or about the 2<1Lh day of January. 2012 did · then and there, with intent to conunit thcll . ..:nter a building or a portion of a building not then open to the public,

0

without the effective consent or Fred Wampler, the owner thereof.

0 , ...... _. : ... l f

Ve111 Lara-Hooge 0 i . , Justice of the Pence AG/\INS I THE J>J!3Rl:~~~~J81·ffl Y OF THE STATE. I I., ·'. /J-;·fiJJ;~: l :-'.J 0

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.. --~-~-- .-.·1 0

13y: ___ _

0 NOW TIII'RITORE. YOU t\IU·. HEI{I·:IlY COMMANDED TO ARI<.J·.ST the dcl"cndallt·nnd bring hi111 :\T ONCE before the tmd~rsi!;llCu magistrate at his oflice in Brazos County. l"~xas, lh-.;n and there lo an~w~r 1he above churgc. i L .• Herein t·ili_J not Return this writ and in,!ieatc how it was executed.(\·:._·[... . . .- ·i . -

/rf c-/ )' /] ^[1] . (,tvcllundcr my hand ___ :.:::J~ ·:~L;. _c:.-~c:r: .. ;.<~; __ _;-1-· I ~f-- ^[1] Ba111s he1eby s~t at$ _____ . 0 -::vi .. //:/1' ~~:.;;;i·~)?;;;;;;.;;·t.;.~t~k~/.'j'- . 2U ~1-t-KECUTED(/-'_(-~jU . 2U /.~-resting the D~fcndant WRll RLCEIVIt(L,[ !d._. --, nnd (I) plac111g hnn Ill Jail tnl3r.izu> County. J"cxas. or(2)1flk-fl~ s- ond:-(C1o"tl mnpplicable nct 1 ~q ~ 0 • -By _______ •... --~--~---- _ - - - - - * STATE'S L'ca«Otliccl ^[13] lc:-o:t:s - fcl7.os Lllltlll\

11J. fi\ Vi:l) '···-

WARH.'\NI

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EXHIBIT

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DENISE C.PHILLIPS, CSR o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT

D.

)-j- - () ;:::_ r/ . ·.-'_, > - t Race w Sex F Dub 07118/84 Agl· ^[27] WI 120 HI 5'5" Eyes Hazel Hnir Brown 1'10: 17023

THE STATE OF TEXAS DA Complaint// 12-0 I 050 [1 vs. Book II Off22'1Y0002 22'19000 I Cause No. Charge: BUUGL~\j_{_Y_O_ItH)~iJiTATION

MONISH IA CMvii'BELL 0 ~~~t ^[1] i~~ ~~~~~~ N~F-~~~J-~~~~{_ ________ _ Agcnc.y BPD 12-0 I 007'19 0 TO ANY PEACE OFfiCER FOI{ THE STATE OF TEXAS: GREETINGS WHERI·:AS complaint has been made by the undersigned Affiant who upon his oath says that he lws good reason to bclicw and dues believe that in the Cuu11ty or 13razos and State or Texas one

MONISH lA CAMI'Ill~LL 0

hcrcinalkr rclerrc·d to as the Dcli.:ntlant. heretofore on or about January 24,2012. did

then nnd there intentionally or kncHvingly enter a lmbitation, without the effective conscni of Fred Wampler, the owner thereof, and allemptcd to commit or committed then or property, to-wit: computer and a rnzor, owned by

0 Fred Wmupler, PARA(jl{f\I'H TWO: and it is furihcr presented in and to said Court, thai the said iVIONISHIA CAMPBELL, in the County ui' Brazos and State ofTc.xas on or about the 24th day or January. ^[2012] did

0 then and th~re, with intent to commitlhcfl. enter a lmbitalion, without the effective consent of Fred Wampler. lhe owner thercoL COUNT rWO: and it is rurihcr presented in and to said Court. that the said lviONISHI1\ CAMPBELL, iri the

0 County or l3raws and State orT~xas on ur about the 2<llh day ul' Janum)'. 2012 did then and there int.:nlionally or knowingly enter a building or a portion or a building not then open to the public, wilhout the cllccti,•e consent or Fred Wampler. the owner thereof. and allcmptcd ^[10] commit or commitlcd theft of properly. to-wit: tools and a bicycle, owneu by Fred Wampler,

0 PIIRAGRI\1'1-1 TWO: and it is further presented in and to !:<tid Court, that the said MONISH lA CAMPBELL, in the County of l3razos and Stale ofTt·xas on or about the 24th day ol' JumuH)', ^[2012] did

0 then and there, with intent to commilthcli. enter a building or a portion ora building not then open ^[10] the public, w.itho.111 the ciTcclivc consent or Fr~tl Wampler. the owner thereof'. ~TArE OF TEXAS

COUNTY OF BRAZOS·

The foregoing is a true and c appears on tile and recorded ~~cl copy as .the same Thereby cenify, o~;~t(J ( ,t' )[>1)~ Y

0 records of Brazos Co tn c appropna~e . Vera Lara-Hooge Justice of the Peace ;_;_J 0 Bru:zo3 County, Texas (J /} : · -.: AGAINST THE PEACE t\ND DIGNITY OF THE STATE. --·, Grand Jury Witnt·ss: Sworn ^[10] and s~b/ibt·tlberore me un -·----~~ _/_f; __ 2fj{:r· .. _,;

D

_c__~~-r- ~__:_- -------· -- "(_J :<;;

AITI~ntl

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lly:

0 NOW TllUZEFOIUo, YOU AHJ.. IJEJ(J·:13Y COMMANDED TO!\ RJ(J·:s'r the defendant and bring lii1n AT ONCE before the undersigned magistrate ill his oflice in Orazos County. rc.~as, then and there \t..\ ~mswer the above char!!C. .-

/ ·; 1 ! Herein r,1il n01: Return this writ ;md indicalc how it wa; executed. , -·- ·--, , . liivcn under my hand·----· _, __ ,(<~.<:~(!.:''L'~~-)----j_?__!:_J~~~c ( -:(. 0 Bail is hcr~by set at s____ WRIT RITI."VE12j 5f2u. ( 2~d~~ECUTI:D _dJ~Z~it~,~~:::~E~~Dcfcndant and (I) placmg·him in jail in Brazus c&;;;ly. Texas, or (,2}-tuk-ina:trf unc. ( v ·~'out uwpphcable ac1Tmr:)----..

0 ......... ··- lly ----~?,.::-:::-?. ____ ..... ···--··. -~•1cc Officer - - - · . ·-.-. __ - - - - - · ....... __ ~. ~~ tt:AvE!'. ~:;;~,~~~·;"'l'· '""" j ~~~~; /

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DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0

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DENISE C.PHILLIPS, CSR o-- OFFICIAL COURT REPORTER 272ND DISTRICT COURT - 0

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DENISE C.PHILLIPS,

CSR

OFFICIAL COURT REPORTER

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272ND DISTRICT COURT

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DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

~· ~I ] ] ] §

THE STATE OF TEXAS § COUNTY OF BRAZOS ] J

In the 272ND DISTRICT COURTof Brazos County, Texas the Honorable TRAVIS BRYAN Ill Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause to wit:

J

Trial Court Cause No. 12-03324~CRF-272

J

§ THE STATE OF TEXAS IN THE DISTRICT COURT OF J vs. § BRAZOS COUNTY, TEXAS 1 David Duane Greer § 272ND DISTRICT COURT J ] J ] ] ] ]

CAUSE NO. 12-03324-CRF-272 § THE STATE OF TEXAS IN THE DISTRICT COURT OF vs. § .·. BRAZOS COUNTY, TEXAS David Duane Greer § 272ND DISTRICT COURT

PAGE

INDEX • INDICTMENT (FILED JUL. 12, . .•.•...........•.........•............ 1

2012J

• WARNING BY MAGISTRATE . ...................................... 2

(FILED JUL. 12, 2012)

• DEFENDANT'S REQUEST TO . ...................................... 3-6 PROVIDE NOTICE OF OTHER CRIMES, WRONGS OR ACTS, ANY OPINION REGARDING HIS/HER CHARACTER OR GENERAL REPUTATION AND PRIOR CRIMINAL RECORD (FILED JUL. 17, '2012)

• DEFENDANT'S REQUEST FOR . ...................................... 7

DESIGNATION OF

EXPERT

WITNESSES

(FILED JUL. 17, 2012)

• 'REQUEST FOR DISCOVERY . ...................................... 8-10

(FILED JUL. 17, 2012)

SUPPRESS . ...................................... • MOTION 11-12 TO

STATEMENTS (FILED JUL. 17,

2012)

TO . ...................................... • DEFENDANT'S MOTION 13-14

SUPPRESS

(SEARCH OF PERSON AND/OR PERSONAL BELONGINGS WITHOUT

WARRANT) (FILED JUL. 17, 2012)

TO . ...................................... • DEFENDANT'S MOTION 15-17 SUPPRESS (INVALID SEIZURE/ ARREST/ RESTRAINT/DETENTION WITHOUT WARRANT ·(FILED

JUL. 17, 2012)

\ __ J .. l . ...................................... 18-19 DEFENDANT'S MOTION TO

SUPPRESS

(SEARCH OF

l V;EHICLE) (FILED JUL. 17, 2012) . ...................................... • 20 ORDER APPOINTING ATTORNEY I . (!riLED JUL. 24, 2012) . ...................................... • 21-23 ~FFIDAVIT IN SUPPORT OF

J

COURT APPOINTED ATTORNEY

(FILED JUL. 24, 2012J

. ...................................... . ...................................... • 24 ~ LETTER (FILED JUL. 24, 2012) • LETTER (FILED JUL. 27, 2012) 25 ....................................... • MOTION. FOR SPEEDY TRIAL 26-27 ] (FILED AUG. 10, 2012) .

......................................

• 28 DISCOVERY ORDER (FILED AUG. 31, 2012) . ...................................... J • 29-32 MOTION FOR DISCOVERY OF

EXCULPATORY

AND ] MITIGATING EVIDENCE (FILED QCT. 28, 2012) . ...................................... • A.MENDED 33 COMMITMENT/RELEASE ORDER J (FILED NOV. 16, 2012) .

......................................

• 34 TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF J APPEAL (FILED NOV. 16, 2012) . ...................................... • 35-37 ORDER APPOINTING ATTORNEY ] (FILED NOV. 16, 2012). .

......................................

• JURY LIST (FILED NOV. 16, 2012) 38-39 ....................................... • STRIKE liST (FILED NOV. 16, 40-45

J 2012) . ...................................... • 46-51 COURT'S CHARGE TO THE JURY (FILED NOV. 16, 2012) ] . ...................................... • 52-58 JUDGMENT OF CONVICTION BY JURY (FILED NOV. 19, 2012) .

......................................

• 59 SECOND. AMENDED ~

COMMITMENT/

RELEASE ORDER (FILED NOV. 19, 2012)

.

......................................

• 60-63 MOTION FOR NEW TRIAL AND J MOTION IN ARREST OF JUDGMENT (FiLED DEC. 13, 2012)

J

J ]

0 0

. ...................................... • 64-66 STATE'S OPPOSITION TO 0 DEFENDANT'S MOTION FOR

NEW TRIAL AND OBJECTION TO

ANY UNTIMELY AMENDED

MOTION FOR NEW TRIAL (FILED

10

DEC. 20, 2012)

.

......................................

• 67-69 MOTION FOR NEW TRIAL AND :o

MOTION

IN ARREST OF

JUDGMENT

(FILED JAN. 03, 2013)

.

......................................

0 • 70-71 LETTER (FILED JAN. 03, 2013) . ...................................... • REQUEST FOR PREPARATION 72-73 OF REPORTER'S RECORD AND :O DESIGNATION OF MATTERS TO BE INCLUDED. (FILED FEB. 06, 2013)

;0 . ...................................... • NOTICE OF APPEAL (FILED FEB . 74 12, 2013) ....................................... • 75-76 REQUEST FOR PREPARATION iO OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED (FILED FEB. 12,

:0

2013)

.

......................................

• 77-78 WRITTEN DESIGNATION

SPECIFYING MATTERS FOR

:0

INCLUSION ·

IN CLERK'S

RECORD (FILED FEB. 12, 2013)_

:o • 79 DOCKET SHEET ······································· . ...................................... • CLERK'S CERTIFICATE 80 . 0 .0 0 0 0 0 0 n

Race W Sex M Age 45 Dob 12/22/66 Ht 5'11" Wt 210

0 Eyes Bruwn H~ir Brown

THE STATE OF TEXAS

PJD: 26619800 DA Complaint# 12-Q2607 Book II VS. 0

Off 52030024

DAVID GIU!ER AKA l>A VE GREBR Cause No . .ll.=J)~'-\- (n.R- ·~"7--­ ChHrge: UNLAWFUL POSSESSION J.·ifiA-RM BY

FELON

Justice Colllt No. [J-Q2434·F Agency I.ICSO 12-1615

TN THE NAME AND BY AUTHORITY OF THE STA TF. Of TEXAS: The Grand Jury of Brazos CoUilty, State of Texas, duly or,pmized at the July Term, 2012, of the 272nd District Court of said C'-<Junty, in said Court, at said term. do present that in the County of Brazos and State of Texas one

DA VlD GREER AKA DAVE (;REER hereinafter referred to liS the Defendant, heretofore on or about Febroary 16, 2012, did :0

then and there, having been convicted of the felony offense of Possession ufMethwnphetamine on the 6th d11y of

November, 1997, in Cause No. 13,603 in the 278th r>istrict Court of Grimes County, Texas, inTentionally or knowingly posse.'!.<; a firearm before the fifth anniversary of the defendant's release from ~upervision under community supervision or p11role or mandatory supervision following conviction of said felony,

ENIIANCEMF.NT

TO HABITUAL OFFENDER: PARAGRAPH ONE: und it is further presented in and to s11id Court that, prior to the commission of the aforesaid offense, hereafter stykd the prhnary offense, on the 18th day of April, 1984, in Cause No. 15,341 in the 85th District Court of Brazus County, Texas, the' defendant was convicted ufthe felony offense of Burglary of a ';-- Habitation, · ,, .. ..~ · ·-····· ··- · ·""···----·- _,......... ,. ___ ._,c. __ --·-···'' ...... ·· ·· · ·· PARAGRAPH TWO: and it is furtller presented in and to said Court that, prior to the commission of the primary offense, and after the conviction in cause number 15,341 was final, the defendant committed the felony offense of , Theft and was convicted on til~ ^[1] Otb <lay_g_LJ.ul)e, I2.~7. m Cause N~:--i:7";17s:ss iii" ilie 85tii-nistrict Court of Bmzos "l.- Couiii)':, -texas: · _ .. .. __ . _ .. _ .

0 AGA fNS' f THE PEACE ANfJ D!GNJTY OF THE STATE .o DC FILE 0 ^[0] At q·.':±v o·cteek-L-M · 0

JUL 1 2 2U1Z

.0 0 0

Grand Jury Witness: Forenutn uf the Grnnd Jury 0

!NDJCTMENT·OIUG!NAL

Page 1 0

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STATE OFTEXAS 0 :JI a 1 r~:.L §

WARNING BY MAGISTRATE

§ 0 COUNTY OF BRAZOS § WARNING#: 4265% THISISTO~'E YTHATI,ROSEJONES TNTHECAP/\CJTYOFMAGlS.rnATE DTD,ON 05115/12, _Lt'l_:/0 ·am/mAT BCDC ADMINISTER THE WARNINGS REQUIRED BY ARTlCLF. 15.17 OF THE TEXAS CODE

0 OF CRIMINA CEOURE TO: NAME.: DAVID DUANE GREER PID NO.: ^[26619800] ADDRESS: 5177 JliLIF. CJR., BRY 1\N, TX 77807 DOB(AGE): 12122/66 D L/1 n NO: TX-08609286 PHONE: 979·59S-35ll WHO APPEARED BEFORE ME IN 13RAZOS COUNTY, TEXAS. SPECIFICALLY, I INf-ORMED THIS PERSON AS

FOLI.OWS:

TilE ACCl~~ATION AND ANY APl'lDAVIT dJARGES YOU W11li TllF. OfH!NSF.(S) OF. 0 2. IF YOU ARI:! CllARGt:IJ WITH ANY fEI..Ol'IV OI'Ft:NSF., YOU HAVE THf RIUUT TO A:-< EXA~INfNG TRIAl.; 3. YOI; I lA VETII[! KIGHT TO RfMAIJ' SU.f':NT ANJ) MAKE NO STATF.MENT AT AI..L. ANY STATF.Mt:NT YOU MAKE MAY RF. t:SED

0 AS cVlDr:NC.:E 1\GI\INST YOU AT YOUR TRIAL; 4. IF YO!JC.:IiOOSE 'IOMAKI:" A STATt:MENT, YO!.: MAY TER:v!INATfTill:" INTERVIEW AT At'.Y TIM<;; YOU HJ\VC lliE RIGHTTOIIAVE A LAWYER PRIOSENT TU ADVISE Y0\1 PRIOR TOANO OJ IRING ANY QUESTIO:-IJNG OR INTF.RVU!W WITH PEACE OFFICD!U> OR A TrORNEYS REPRC':>"'NT!NG THE STATE;

0 IF YOU 1\Rf: UNABLE TO EMPWY A LAWYER, YOU HAV!:: THE RKlHT TO HAVF A LA \VYI1R APPOINTED T() COUNSEL WITH YOU l'RI()K TO ANl> Dl IR!J'G ANY SUCH QUtSTIONit.G OR INTERVIEW; 7. IF YOU WISII TO REQUEST A COVRT-AI'I'OJNT£() ATTORNF-Y: a. YOtJ MUST COMPU:Tc A WRn-r!Th APPLICATIOI\' UNDER OATilrOR A COURT·Al'I'OI(>(TI]D A 1TORN!::Y: b. TH£ APPLICATION MUST CONTAIN SUFFICU:::.\IT FINANCIAL INFORMA'I10N TO r."NAALE A JUDGt:: TO DETERMII-:1:: If YOII

,\RF. 1:-IUIGF.NT:

c.. Rl::ASONAIU.E ASSISTANCt:: V,'ll.l. m; PROVIDI:."D TO COM PI .ETE THE AI'PLICATION. 11' NEEDED; A ltf.QUEST FOR A ( . .'OURT-AI'POINTlilJ ATfORNEY WILL liE Dt:rER~INED WITHIN TIIREE (3) WOK KING DAYS AFTER TilE

0

REQl1!'$T IS Rf.CEJVliD lfYOli IU!MAI}I IN JMI. AND flO NOT. RONLJ Olrf OF JAIL;

IF VOU ARE fOUND TORE INDIGF.I'-:T AND AN ATTORNEY IS APPOINTHLJ. T'HEATTOR:-U,Y WH.L ATTF.MI'T TO CONTACT YOU tlY Tilt: l!"NJ) OF THf \'o.'EXT WORKING DA V AFTER !3EING APPOINTI::"D. THE ACCUS~ DOES _DOES NOT WANT TO REQUEST A COURT-APPOINTED ATI'DR)';EY.

0 10. TH[ COURT f.INIJS Tl!Al PROilARLF. CAUSf.. _IJQES _DOF.~ NOT F.XISI' IN TillS MA1Tt:R. II W YOU ARt NOT AU S CITIZEN, 00 YOU WA:-.IT YOUK CONSULATE TO BF. NOT!F!F.D? _NO, _YES.

0

0

0

JUL 1 2 2012

11R¢ iiAAIUH, DIST CLERK .rzx ~ m Deputy 6y Form• 5015 Wl!1llin& b)' MugisHarc 0 0 0

Page2 n n

CAUSE NO. 12-03324-CRF-272 THE STATE OF TEXAS X 0 vs. X OF BRAZOS COUNTY, TEXAS 0 DAVID GREER X 0

DEFENDANT'S REQUEST TO PROVIDE NOTICE OF OTHER CRIMES, WRONGS OR ACTS, ANY OPINION REGARDING IDS/HER CHARACTER OR GENERAL REPUTATION AND

0

PRIOR CRIMINAL RECORD

0 TO THE HONORABLE JUDGE OF SAID COURT AND THE PROSECUTOR IN TIDS CASE:

0

Now comes the Defendant and requests pursuant to Rules 404(b) and Rule 609(f), Texas

Rules of Criminal Evidence and Art. 37.07, Sec. 3(g) and Art. 38.37 Code of Criminal 0 Procedure, that the State provide notice of other crimes, wrongs or acts, any opinion regarding his/her character or general reputation and prior criminal record and in support thereof would sliowtlie folloWing:--- - - - ·

0 I. That Rule 404(b) states: 0

(a) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not

admissible to prove the character of a person in order to show that he acted in 0 conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent preparation, plan, knowledge, identity, or

0

absence of mistake or accident, provided, upon timely request by the accused,

reasonable notice is given in advance of trial of intent to introduce in the State's

0 case in chief such evidence other than that arising in the same transaction. 0

That Rule 609(f) states:

0 (f) Evidence of a conviction is not admissible if after timely written request by the adverse party specifying the witness or witnesses, the proponent fails to give to 0 0

Page3 0 0 D

the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such

0

evidence.

That Art. 37.07 Sec. 3(g) states:

D

(g) On timely request ofthe Defendant, notice of intent to introduce evidence under 0 this article shall be given in the same manner required by Rule 404(b ), Texas Rules of Criminal Evidence. If the attorney representing the state intends to

0 introduce an extraneous crime or bad act that has not resulted in a fmal conviction in a court of record or a probated or suspended sentence, notice of that intent is

0 reasonable only if the notice includes the date on which and the county in which the alleged crime or bad act occurred and the name of the alleged victim of the

'0

crime or bad act. The requirement under this subsection that the attorney

representing the state give notice applies only ifthe defendant makes a timely

0

request to the attorney representing the state for the notice.

0

That Art. 38.072 Sec. 2 (a) states:

This article applies only to statements that describe the alleged offense that: 0

(2)

0 (1) were made by the child against whom the offense was allegedly committed; and (2) were made to the first person, 18 years of age or older, other than the 0

defendant, to whom the child made a statement about the offense.

(b) A statement that meets the requirements of Subsection (a) of this article is 0

not inadmissible because of the hearsay rule if:

(1) on or before the 14th day before the date the proceeding begins, the party 0

intending to offer the statement:

(A) notifies the adverse party of its intention to do so; 0 provides the adverse party with the name of the witness through whom it (B) intends to offer the statement; and 0 0

Page4 0 0 )l u

(C) provides the adverse party with a written summary of the statement; (2) the trial court fmds, in a hearing conducted outside the presence of the

0 jury, that the statement is reliable based on the time, content, and circumstances of the statement; and

·-o-· -- (3) the child testifies or is available to testify at the proceeding in court or in any other manner provided by law. :Q That Art. 38.37 Sec. 1 states: ( 1) This article applies to a proceeding in the prosecution of a defendant for an

0 offense under the following provisions of the Penal Code, if committed against a child under 17 years of age:

0 (1) Chapter 21 (Sexual Offenses); (2) Chapter 22 (Assaultive Offenses);

0 (3) Chapter 25.02 (Prohibited Sexual Conduct); (4) Chapter 43.25 (Sexual Performance by a Child); or

:0 (5) an attempt or conspiracy to commit an offense listed in this section. :0 That Art. 38.37 Sec. 2 states: 0 (2) Notwithstanding Rules 404 and 405, Texas Rules of Criminal Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the child who 0 is the victim ofthe alleged offense shall be admitted for its bearing on relevant matters, including: :0 (1) the state of mind of the defendant and the child; and (2) the previous and subsequent relationship between the defendant and the

child. 0

That Art. 38.37 Sec. 3 states:

0 (3) On timely request by the defendant, the state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 2 in the same manner as the state is required to give notice under Rule 404(b), Texas

0 0

:Page 5 0 0 n

Ru1es of Criminal Evidence. II. 0 Defendant requests that he be provided the notice required by the Rules 404(b), 609(f), Art. 37.07 Sec.(g), Art. 38.072 Sec. 2(a); Art. 38.37 Sec. 1; Art. 38.37 Sec. 2; and Art. 38.37 Sec . . :.n [J 3 of other crimes, wrongs or acts other than that arising in the same transaction and any evidence of prior criminal record. Defendant requests this notice to be provided far enough in advance of

:n

trial that he will be able to adequately investigate these other acts.

WHEREFORE, PREMISES CONSIDERED, defendant prays that this request be noted in the record. Respectfully submitted, Bryan. TX 77803 (979) 822-4759 (979) 779-0575 Facsimile . SBOT: 24007265 ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion has been delivered to the prosecuting attorney on the date it was file . Page 6 0

"\

f] n

CAUSE N0.12-03324-CRF-272 n X IN THE 272Nn DISTRICT COURT THE STATE OF TEXAS vs.

X

OF 0 DAVID GREER X BRAZOS COUNTY, TEXAS 0 DEFENDANT'S REQUEST FOR DESIGNATION OF EXPERT WITNESSES [} TO. THE HONORABLE JUDGE OF SAID COURT AND THE PROSECUTOR IN TIDS CASE:

0

Now comes the Defendant, by and through his/her attorney of record, and respectfully

requests, pursuant to Texas Code of Criminal Procedure Article 3 9 .14(b ), the State in the above 0

styled and numbered cause to provide the Defendant, at least twenty (20) days in advance of

trial, the names and addresses of all witnesses they may use at trial to present evidence under

:0

Rules 702, 703, and/or 705 ofthe Texas Rules of Evidence.

The Defendant seeks the information requested to enable proper preparation and to avoid 0

unnecessary delay at trial.

0 0 0 0

CERTIFICATE OF SERVICE 0

I hereby certify that a true and correct copy of the foregoing Motion has been delivered to

the prosecuting attorney on the date itE~ 0 0 0

Page 7 0 0

CAUSE N0.12-03324-CRF-272 [J THE STATE OF TEXAS X vs.

X

OF 8 DAVID GREER X BRAZOS COUNTY, TEXAS fj

REQUEST FOR DISCOVERY

0

Now comes Defendant and requests the following items and information be

provided: 0 1. All statements by the Defendant pursuant to Tex. Code Crim. Proc. :0 Art. 38.22 and all written statements made by the Defendant in connection with this offense with which the Defendant is herein charged.

lJ

2. All objects and tangible property taken by the State during the course

of its investigation of the offense with which the Defendant is herein charged, and any items which may be introduced at trial.

:O 3. Any written waivers or consent forms signed by the Defendant. :Q 4. The name of the case agent who investigated this case. 5. The prior criminal record of the Defendant including all arrests and · convictions whether as a juvenile or as an adult.

0

6. All final adult felony convictions and misdemeanors of moral turpitude

on the part of all witnesses called by the State. 0

7. A complete list of any_ and all extraneous offenses by the Defendant,

evidence of which the State could offer as exception to the general rule prohibiting 0 proof of extraneous offenses, pursuant to Tex. Rules Crim. Evid. 404(b). 8. Any exculpatory and/or mitigating evidence within the possession, 0

custody, or control of the State, the existence of which is known, or by the exercise

of due diligence may become known to the State.

0 9. Any photographic lineups shown in the course of the investigation of this case. 0 0

Page 8 10. The final results of any laboratory test or any other analytical test pertaining to evidence in this case. 11. Copies of any prior convictions of the Defendant which may be used for jurisdictional, enhancement, or impeachment purposes. 12. AU pho~ographs taken, or used, in the course of the investigation of this case. 13. Prior to voir dire, a list of all the names of prospective prosecution witnesses who have knowledge and likely will be used at the guilt/innocence phase and the punishment phase of the trial, with a continuing duty on the part of the State to disclose the names of rebuttal witnesses as soon as they become known.

14. All statements made by any party or witness to this alleged offense, whether written or oral, which might in any manner be material to either the guilt or innocence of the Defendant or the punishment, if any, to be set in this case, pursuant to Tex. Rules Crim. Evid. 615.

15. AU handwritten and typed reports prepared by peace officers who investigated and participated in any manner in the preparation of these charges against the Defendant, pursuant to Tex. Rules Crim. Evid. 615.

Defendant requests that discovery be completed within a reasonable time before trial, with the State being under a continuing duty to supplement with any of the above items that comes to its attention.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this request be noted in the record. Page 9

[J

D 0

Respectfully submitted, fJ ~ Earl Gray 0 103N.M. et Bryan, TX 77803 (979) 822-4759

0 (979) 779-0575 Facsimile SBOT: 24007265 ATTORNEY FOR DEFENDANT

D CERTIFICATE OF SERVICE 0

I hereby certify that a true and correct copy of the foregoing Motion has been delivered to

the prosecuting attorney on the date it was file 0 0 0 0 0 0 0 .o 0 0 [J

Page 10 0 n 0

CAUSE NO. 12-03324-CRF-272 0 - /

THE STATE OF TEXAS

X vs.

X

OF [J DAVID GREER X BRAZOS COUNTY, TEXAS 0

MOTION TO SUPPRESS STATEMENTS

0

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the Defendant in the above entitled and numbered cause and moves the Court 0 to suppress the statements made by Defendant for the reasons stated below: I. D Defendant moves to suppress any statements made by the Defendant, whether oral or written including, but not ~ted to, statements made to the officer, whether in or out of custody, 0

on the following grounds:

A. Any oral or written statement made by the Defendant was not freely and D voluntarily made. B. Any oral statement made by the Defendant was made as the result of a custodial ;0

interrogation was not recorded as provided in Article 38.22, Texas Code of Criminal Procedure.

C. In the alternative, if any oral statement was recorded, it. was made without the Defendant first having knowingly, voluntarily and intelligently waived any rights set out in the 0

warning and as required by the Miranda case.

D. The Defendant was not properly warned of his rights pnor to making the D statement. E. The statement was the product of any illegal detention and/or arrest. :0

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the above evidence be

;0 suppressed and that no mention be made of said evidence directly or indirectly by the prosecutor or any of the witnesses for the state and that the prosecutor be instructed to remind his witnesses that no mention is to be made of this evidence.

D 0 lJ

Page 11 0 / 0 n .J

Respectfully submitted,

0

Earl Gray

n

I 03 N. Main Str

Bryan, TX 77803 (979) 822-4759 (979) 779-0575 Facsimile

0 SBOT: 24007265 ATTORNEYFORDEFENDANT

0

CERTIFICATE OF SERVICE

0 I hereby certify that a true and correct copy of the foregoing Motion bas been delivered to the prosecuting attorney on the date it was filed. 0 ~17- fJ

ORDER

0 On this the_ day of _ ______ , 2012, came on to be considered the above and foregoing Defendant's Motion to Suppress D Statements and said Motion is hereby GRANTED/DENIED. 0 JUDGE PRESIDING D 0 [J 0 0 0

Page 12 0 0 0

CAUSE N0.12-03324-CRF-272 u

THE STATE OF TEXAS

X X OF VS.

-n

DAVID GREER

X BRAZOSCOUNTY,TEXAS :0 DEFENDANT'S MOTION TO SUPPRESS (SEARCH OF PERSON AND/OR PERSONAL BELONGINGS WITHOUT WARRANT) 0 TO THE HONORABLE JUDGE OF SAID COURT: ·0 Now comes the Defendant in the above styled and numbered cause, and files this his Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court :0 the following:

I.

:Q Members oflaw enforcement did then and there search Defendant's person and/or personal property and did seize alleged contraband belonging to Defendant without a warrant and:

0 1) without reasonable suspicion; 2) without probable cause;

0 3) without exigent circumstances; 4) without said seizure and/or search being reasonably related to the time and scope of the

0

initial detention;

5) without Defendant's consent; (1 6) upon purported consent of Defendant which was given involuntarily and as the result of coercion; 0 7) upon purported consent of a person(s) who had no authority to give consent; and/or 8) upon purported consent of a person(s) who gave such consent involuntarily and as the

D result of coercion. 0

Wherefore, Defendant prays the Court to set this Motion to Suppress for hearing and,

upon hearing evidence adduced in support thereof, fmd that such search and seizure were 0

unlawful and in violation ofthe Fourth Amendment of the United States Constitution and Article

0

Page 13

n ..

fJ

1, § 9 of the Texas Constitution, and order that all evidence obtained as a result thereof be suppressed and excluded pursuant to the exclusionary rule and Code of Criminal Procedure

rJ

Article 38.23(a).

0

D

Earl Gray 103 N. Main Street

0

Bryan, TX 77803

(979) 8224759 (979) 779-0575 Facsimile

0 SBOT: 24007265

ATTORNEY FOR DEFENDANT

0

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion has been delivered to 0 the prosecuting at!Dmey on the date it w~ ~ 0

Earl Gray

0 '0 0 [J 0 0 0 0

Page 14 0 0 n

CAUSE NO. 12-03324-CRF-272 0 THE STATE OF TEXAS X vs.

X

OF ; .. '.D DAVID GREER X BRAZOS COUNTY, TEXAS

'LJ

:o

DEFENDANT'S MOTION TO SUPPRESS (INVALID SEIZURE/ARREST/RESTRAINT/DETENTION WITHOUT WARRANT) ,n itJ

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the defendant in the above styled and numbered cause, and files this his/her tO

Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court

the following: :0

I.

Defendant was involuntarily seized, arrested, restrained, detained, and/or taken into :0

custody without warrant by law enforcement members whom:

:o 1) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into custody have probable cause and/or reasonable suspicion to believe that the Defendant was in a suspicious place;

.0 2) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into custody have probable· cause and/or reasonable suspicion to believe that the Defendant ''0

had committed some felony or breach of the peace;

I . 3) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into 0

custody have probable cause and/or reasonable suspicion to believe that the Defendant .

was wanted in connection with a completed felony;

0 4) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into custody have probable cause and/or reasonable suspicion to believe that the Defendant 0 had committed an assault resulting in bodily injury to another person and that there was danger of further bodily injury to that person;

0 5) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into custody have probable cause and/or reasonable suspicion to believe that the Defendant 0 0

Page 15 [J n' L_ 0

had committed an assault resulting in bodily injury to a member of Defendant's family or household;

0 did not, at the moment of such seizure, arrest, restraint, detention, and/or taldng into 6) custody have probable cause and/or reasonable suspicion to believe that the Defendant

B

had committed the offense of Violation of a Protective Order, as defmed by Texas Penal Code Section 25.08;

0. did not, at the moment of such seizure, arrest, restraint, detention. and/or taking into 7) custody have probable cause and/or reasonable suspicion to believe that the Defendant n was in possession of a weapon and constituted a threat to said law enforcement members or others; and/or

n J 8) did not, at the moment of such seizure, arrest, restraint, detention, and/or taking into custody have probable cause and/or reasonable suspicion that the Defendant was [J committing an offense within the officer's presence or view. 0

Wherefore, Defendant prays the court to set this Motion to Suppress for hearing and,

upon hearing evidence adduced in support thereof, find that Defendant's seizure, arrest, restraint, 0 detention, and/or taking into custody was unlawful under the- 4th Amendment of the United States Constitution and Article I Section 9 of the Texas State Constitution, and order that all evidence Q obtained incident to, pursuant to and as a result of such unlawful seizure, arrest, restraint, detention, and/or taking into custody, whether tangible or intangible, and/or any oral or written

D statements made by Defendant, at the time of or following such unlawful seizure, arrest, restraint, detention, and/or taking into custody be suppressed and excluded pursuant to the 0 exclusionary rule and Code of Criminal Procedure Art. 38.23(a). Respectfully submitted, 0

0

Earl Gray 103 N. Main eet

. Bryan, TX 77803 0 (979) 822-4759 (979) 779-0575 Facsimile SBOT: 24007265 ATTORNEY FOR DEFENDANT

0 0

Page 16 u

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion has been delivered to the prosecuting attorney on the date i~ ~ . Earl Gray .0 :0 :o

fo 0 0 0 ;0 D

Page 17

[J

} ' ; 1

CAUSE NO. 12-03324-CRF-272

ffiE STATE OF TEXAS X vs.

X

OF BRAZOS COUNTY, TEXAS DAVID GREER X DEFENDANT'S MOTION TO SUPPRESS (SEARCH OF VEIDCLE)

TO THE HONORABLE JUDGE OF SAID COURT:

\ Now comes the Defendant in the above styled and numbered cause, and files this his J Motion to Suppress and, in connection herewith, would respectfully show the Honorable Court the following:

I.

·Members of law enforcement did then and there enter and search Defendant's vehicle and did seize property belonging to Defendant without a valid search warrant and: without reasonable suspicion; 1) 2) without probable cause; 3) without exigent circumstances; 4) without Defendant's consent; 5) outside the time and scope of the alleged reason for initial detention of the Defendant; 6) upon purported consent of Defendant which was given involuntarily and as the result of

coercion; 7) upon purported consent of a person(s) who had no authority to give consent; 8) upon purported consent of a person(s) who gave such consent involuntarily and as the

result of coercion; and/or 9) when Defendant's vehicle was not actually or readily mobile. In addition, any search of said vehicle pursuant to any search warrant executed !1 if .l if

Page 18 on the date of the offense exceeded the scope of said search. warrant. Wherefore, Defendant prays the Court to set this Motion to Suppress for hearing and, upon hearing evidence adduced in support thereof, find that such search and seizure were El

unlawful and in violation of the Fourth Amendment of the United States Constitution and Article

0 1, § 9 of the Texas Constitution, and order that all evidence obtained as a result thereofbe suppressed and excluded pursuant to the exclusionary rule and Code of Criminal Procedure Article 38.23(a).

0

Respectfully submitted,

~ Earl Gray :f]

· ·

103 N. M treet . Bryan, TX 77803 0

(979) 822-4759

(979) 779-0575 Facsimile

SBOT: 24007265

0

ATTORNEY FOR DEFENDANT

0

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion has been delivered to

D

the prosecuting attorney on the date it~ 0 0 0 0 0

Page 19 0 No. THE STATE OF TEXAS COUNTY COURT AT LAWN BRAZOS COUNTY, TEXAS

ORDER APPOINTING ATTORNEY

I hereby appoint __ ft~ ..... tv"--"-' -'r----'('---_u=·"-a~·.....:..,_..;...A~-\f-1 _____ , an attorney found by the Court to be competent, to represent the defendant in the above numbered and entitled cause, and to continue to represent the defendant until the case is concluded, including appeal, if any, or until released by written order of this Court.

day of___,/---=-.fl/\_/U----H-?=- ,?0 { 2 . SIGNED on this { f

PRESIDING JUDGE

HIJ:&to:

'Yn!J

/' 0 Mailed to: Copy was: :\ ---r-t1 05{) (j LL Cfl'S~ 1 Attorney Appointed Address Phone Number ~Delivered to\)ai / D Mailed to: Copy was: Defendant Address Phone Number

g~~~~~::y~CLL .??.,~L!:!,p,rtm<nt

Original to:

Copies to:

District Attorney LA ~L- ]?l"CJ/0 r==1 VLf ttrrn

~( \-e~20

Offense(s): ______________ _ Date of Offense: ______ Date of Arrest: J AFFIDAVIT IN SUPPORT OF COURT APPOINTED ATTORNEY ]

By signing this application you are swearing, under oath, that an attorney does not now represent you, that your right to representation

by an attomey'·~ not been waived and that the information that you are providing is true and correct. · To be considered for court appointed counsel, everv question on this form must be answered. If the question does not apply to you, place an N/ A in the blank. Failure to answer every question could result in yotir application· not being considered. If you need assistance, notify the person in charge of taking this application. section 1. Last name: ___ ;:::;;,.-9J~..f..l.=-~.,_~---r"-:- Address:_~L...<'--:-'L--r-:::f:::::;_::.y"";n----'~~'-'--=-'L,.et"=L1'?~~.__

·' J Employment Informatlw· , mo El years Place of Employment:_+-=-·"";.:.r.;::q....="-"--'+----------,.---,.-- Length of Employment: ~ mber of Hours per week A /1- Hourly pay rate: $ Net monthly ~lary: $...,c..<e.-.,c.£...--"-?--:- List Deductions (except t xes) from p~roll and the amount of each deductioJ;J: Child support$ /( /1- Uniforms$..._.'-"'---

.~!J..,.a&ance/loans $_M. Other $-_ __:_.J..__/.:__1 _________________ _ Savings/retirement *If unemployed, give the length of time unemployed, reason for unemployment and explanation as to how your monthly expenses are. paid or how you support yourself..,....,.-----:---:-:--:---:-:---:-------------------- Ust names of all employers for last two years and monthly salary for each. Spouse's Informatio~ / A' LfC //1: . Place of Employment Spouse's Name Net monthly salary$ __ Hourly pay rate: $---==- Number of hours per week: __ Ust Deductions (except taxes) from payroll and the amount of each deduCtion: Child support $ __ Uniforms $___ Savings/retirement $ __ cash advance/loans $__ Other $ ___ _

(Please use back of sheet to list additional properties owned or being purchased by you) Motor Vehides: Ust all vehicles, in ational vehicles titled in your name Year, Model and Make of Vehicle:_~-'-+-+-----'----'<..:......::__-,L.L~...-+--'=-------- Estimated value: Year, Model and Malee of Vehicle: Estimated value: Year, Model and Make of Vehicle: Estimated value: Application

Page 21 1

J

the value of each t:fX P""""•' Pmperty. "'~" lndkate all """" ru<k:tt3' name oc .u~ect to yooc~ontrol n 0 SeOJrities{Bonds/CDs ~ 0 Uvestod< . $ t:-1~ 0 cash money $ /.?

0Whole Ufe Insurance 0 Retirement Plans }J4-/L- . 0 Bank Accounts_~ 0 Savings Accounts $~ 0 Available credit$ - Section 2: Debts and Liabilities. Ust all dependeRts living with you. Application

Page 22 0

P. 1

* Communication Result Report ( May.17. 2012 3:30PM) x : · * 0 Fax Header) Brazos County Ma,istrate 1 Dale/Time: May. 17. 2012 3:25PM 0 F i 1 e No. Mode D t' t' Page Pg(s) Result Not Sent ---------------------- es 1na 1on

~a 8206 Memory TX ----;~~;~~~~----------------------------;~----------;~------------------------ :0 0 0

------------------------------ --------------------------------------------------------

Reas.on for er,ot

------------~- E. 3l No a.nswe r E.l) Ha.na VIJ or line fail

E. 2) Bu•y 0 E.4) No facsimile connection E. ~ Exceeded rna )C., E -ma. i I s i z e 0 ·0 :0 ·o 0

~ oq I'O<Cl"' Ill"""' '""" P. '!ooddl 1a!Jm1:1a! 'J>OP"f"''> " ...., "'{{Jwn> JUO!'AJOJ> "'11 ~ .. ., · Ol>IIJ>UO> O>pn ':>011110 P"JI!l"'J7U" P'"""l"'"" .. oqo "'{{ "!~PJ>>Ijl JU=olo.l 0) 'luo-DO "'! ^[03] P1UO

0 SVlGI.l 'J..J.NnO:l SO'ZYl!1i - 'ONif>YllY .D!OO:>.uw!o:J .omo:>J.:>ra!Sia - - . - lHLN I

0 0

Page 23 0

0

·.: ··· .... -, . ' . . '• . . '. ' ~ 0 • • . / r ' • • < . • • .·. . . ' ' . ;

Lo.w 0 1. oa N. ^[77803] Jay Granberry Earl Grny Anomry AttllmiO' noaro Cl!rtified Criminal Lnw DD4rd Certlfled Criminal U1w Dan Jones Amanda Jouett Anomcy Attorn"¥

Ma.y 18, 2012 District Clerk (Via Fax: 361-0197) RE: Tbe State of Texas v. David Duane Greer Cause#: Unindietcd Dear Court Coordinator: the above referenced defendant. I have sent a etter to rer advi1 ^[1]

!D

The purpose of this letter is to advise y u that I re eived notice that I was appointed to represent ' ing him/her to contact me as soon as possible to set up an appointment. . iD Thank you for the opportunity to repre ent the above mentio[ed defendant. :0

Ja'~re~l~~._,L._..

Earl ---····--- cc: Magistrate Court cc: District Attorney's Office

:0 0 0 0

Page 24 0

0

. ' . - ~ ~ . -o . . . ;, . ' ~ ~ . ' . ' ', 0

Jay Granberry ·

Karl Gray Attoml!)' Attclrncy lloard Certlftcd Criminal L3w Board Cortlficc! Criminal Ulw Amandu Jouett Dun Joneli - Attorney Alto may

July 25, 2012 272"d District Court Attn: Lisa Parker; Court Coordinator 300 East 26th Street

'0

Bryan, TX 77803

RE: The State ofTexas v. David Duane Greer 0

Cause No: 12"03324-CRF.:.272

0 The above named defendant is set in the 272"d District Court of Brazos County for an Arraignment and Pretrial on July 30. 2012. Counsel is re~uesting said Arraignment and Pretrial be reset for the reason that Counsel's presence is required in the 85 District Court for a Preferentially set Jury Trial in The State of

.0 Texas vs. Kenneth Lloyd Holmes; Cause No: 1 0-05180-CRF-85. If you have any questions, please contact me at the number above. As always, thank you for your time 0 and consideration in this matter. 0 0 0 0 0 0

CC: DISTRICT ATTORNEY'S OFFICE VIA FAX: 1361-4368

0 0

Page 25

0

D

0

AUG 1 0 2012

I'! ~""·

NO. 12-03324-CRF-272

[l § IN THE DISTRICT COU STATE OF TEXAS § § 272ND JUDICIAL DISTRICT vs. 0

§

DAVID DUANE GREER § BRAZOS COUNTY, TEXAS 0 MOTION FOR SPEEDY TRIAL [] TO THE HONORABLE JUDGE OF SAID COURT: Now comes David Duane Greer, Defendant, by and through undersigned counsel, and 0 moves the Court for a speedy trial in this cause, and shows the following: 0 1. David Duane Greer is guaranteed the right to a speedy trial under the Sixth and Fourteenth Amendments to the United States Constitution, Article I, Section 10 of the Texas 0 Constitution, and Articles 1.03(3) and 1.05 of the Texas Code of Criminal Procedure. See Doggett v. United States, 505 U.S. 647 (1992); Strunk v. United States, 412 U.S. 434 (1973); and

0 Barker v. Wingo, 407 U.S. 514 (1972). See also State v. Munoz, 991 S.W.2d 818 (Tex. Crim. 0

App. 1999).

2. David Duane Greer was arrested on May 14, 2012 for a crime which allegedly 0 occurred on February 16,2012. Trial has not been scheduled. 0 3. David Duane Greer will be prejudiced should trial not be held as soon as possible, for the reason that David Duane Greer has been incarcerated in the Brazos County Jail since May 0

14, 2012. He has been unable to make bond in this case. David Duane Greer maintains his

0

innocence to the offenses charged.

WHEREFORE, PREMISES CONSIDERED, David Duane Greer moves that trial in 0 this case be scheduled as soon as possible. 0 0

.Page 26 0 ! n D

Respectfully submitted, Gray, Granberry & Jones

D 1 03 N. Main St. Bryan, TX 77803 Tel: (979) &22-4759

0 Fax: (979) 779-0575 0

By:_h:!f%4.-A...:~~~g.....""""'------­

Ear Gray State Bar No. 24

0

Attorney for Earl Gray

0

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing document was 0

served on the District Attorney's Office, Brazos County, Texas, by hand delivery on the date it

was filed. 0 0 0 0 0 0 D 0 0 0

Page 27 0 0 n

X n

X

kA X DISCOVERY ORDER On this day the above numbered and entitled cause was called for a pretrial hearing. The defendant, defendant's attorney, and the Assistant District Attorney representing the State appeared. The Court hereby orders that the State produce and permit the inspection of, and the copying and/or photographing of the following items: . _

0 I. All statements by the Defendant pursuant to Tex. Code Crim. Proc~·Af!.~~.iitdhi¥i.tH·written statements made by the Defendant in connection with this offense with which the Defendaiifis herein charged. 2. All objects and tangible property taken by the State during the course of its investigation of the offense with which the Defendant is herein charged, and any items which may be introduced at trial. 0

3. Any written waivers or consent forms signed by the Defendant.

4. The name of the case agent who investigated this case.

0

5. The prior criminal record of the Defendant including all arrests and convictions whether as a juvenile

or as an adult. · 6. All final adult felony convictions and misdemeanors of moral turpitude on the part of all witnesses called by the State. 0

7. A complete list of any and all extraneous offenses by the Defendant, evidence of which the State could

offer as exception to the general rule prohibiting proof of extraneous offenses, pursuant to Tex. Rules Crim. Evid. 404(b).

8. Any exculpatory and/or mitigating evidence within the possession, custody, or control of the State, the 0 existence of wh1ch is known, or by the exercise of due diligence may become known to the State. . 9. Any photographic lineups shown in the course ofthe investigation of this case. I 0. The final results of any laboratory test or any other analytical test pertaining to evidence in this case.

0

II. Copies of any prior convictions of the Defendant which may be used for jurisdictional, enhancement, or

impeachment purposes. 12. All photographs taken, or used, in the course of the investigation of this case. 0 ~-~-,;fi}~~~i~iF~-~~~~~:- ________ --,~4~~~~ti;~#A~tit.~~m~~~1~-~~~~r~&iii~ ~ . --..dll1)'..Q_n_ili_~_,part•of the-State to d1sclose ilie names of retuttal Witnesses as soon as tney become known.

0 14. All statements made by any party or witness to this alleged offense, whether written or oral, which might in any manner be material to either the guilt or innocence of the Defendant or the punishment, if any, to be set in this case, pursuant to Tex. Rules Crim. Evid. 615. .

· 15. All handwritten and typed reports prepared by peace officers who investigated and participated in any manner in the preparation of these charges agamst the Defendant, pursuant to Tex. Rules Crim. Evid. 615. 0 0 0

Discovery is to be completed within a reasonable time before trial, with the State being under a continuing duty to supplement with any of the above items that comes to its attention.

0 0 0

Page 28 [I n 0

CAUSE NO. 12-03324-CRF-272 STATE OF TEXAS § IN THE 272N° DISTRICT COURT § vs. § OF § DAVID DUANE GREER § BRAZOS COUNTY, TEXAS MOTION FOR DISCOVERY OF EXCULPATORY AND MITIGATING EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the Defendant, DAVID DUANE GREER, by and through the undersigned counsel, and respectfully moves this Court to order the State to disclose all evidence in its possession and in the possession of its agents, which is both favorable to Defendant and material either to guilt or to punishment, including impeachment evidence.

1. Such disclosure is required by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See Brady v. Maryland, 373 U.S. 83, 87 (1963); see also United States .v. Bagley, 473 U.S. 667, 675-78 (1985). Disclosure is also required under the Due Course of Law provisions of Article I, §§ 13 and 19 of the Texas Constitution.

2. Rule 3.09(d) of the Texas Disciplinary Rules of Professional Conduct requires prosecutors to "make timely disclo~ure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in

:[l ' connection with sentencing, to disclose to the defense and to the tribunal all unprivileged :0

mitigating information known to the prosecutor, except when the prosecutor is relieved of this

responsibility by a protective order of the tribunal".

'0 3. This motion seeks a Court order instructing the State's attorney to make available :0

for Defendant's inspection and copying or photocopying all evidence meeting the following

criteria:

'0

u

. 0 -' -···-~~-·-------·- ·-.-- .

Pag~ ~9.

·------~---- 0 0

a. evidence or Information within the possession, custody or control of the State ofTexas, or any of its agencies, and which is known to be in existence or by 0

the exercise of due d.iligence may become known to the State's attorney, and

·8 . which is fuvorable to' theDefendant on the issue of guilt or innocence, or b~ c. · which may_ tend · to mitigate or lessen punishment in the .event the

D

_ Defendant is fotind :guilty. Brady v. Maryland, 3J3 U.S. 83 S. Ct. 1194, 1 0 0

L.Ed.2d. 215 (963).

- "-'

D

4. The request for Brady material includes, but is not limited to the following:

I

.0

a. ~y ~<:} all audio and or video recordings of the Defendant, David Greer of _tl:J.e inves!igation for· the charged off~nse which was to have occurred on or

0 ~bout February 16,2012. 0 b. Any and all audio and or video recordings of the co-defendant, Monishia -· ...______ . .. . Campbell of the investigation for the charged offense which was to have occurred .. ... . . -----·· -~----~·····-········ --. . . . .. ~ ·' ... ,. . ····-· . ~ ·0 (),[1 or about February 16, 2~1?. c. The inventory listing collected and or seized and description of all items

0 from David Duane Greer on or about February 16,2012. 0 d. The inventory listing collected and or seized and description of all items from Monishia Campbell on or about February 16,2012.

0 J.\ny and all a.u.~~? ... ~!!.~ .. <:>~ video ~ec()~<:Iings of the Defendant, David Greer e. 0 of_the investigation fo~ ~he .. ~_harge<:} offense. whic_h was t? _have occu.r:~d on or about May 14, 2012.

0 f. The inventory listing collected and or seized and description of all items 0

0

0

from David Duane Greer on or about May 14,2012.

The names and addresses of all persons who have, or who may have, 0 g. information favorable to the Defendant. 0 h. The names and address of all persons interviewed by the State in connection with this case, but whom the State does not intend to call as witnesses

fl in this case. 0

Any information which may tend adversely to effect the credibility of any

1. person called as a witness by the State, including the arrest and/or conviction

0

record of each State witness, and including any offers of immunity or lenience,

'0

whether made directly or indirectly, to any State's witness in exchange for

testimony.

!0 WHEREFORE, PREMISES CONSIDERED, David Duane Greer prays that this Court :0

order the State to disclose all exculpatory and mitigating evidence in its possession. 0

Respectfully submitted,

Gray, Granberry and Jones; Attorneys at Law 103 N. Main St.

0 Bryan, TX 77803 Tel: (979) 822-4759 Fax: (979) 779-0575

0 .·""' .---7.; 0 .-' ~ By:

WI~····

State ar o. 24007265

0

Attorney for David Duane Greer

0 0 0

.. :_P~_g~ _31 0 D 0

CERTIFICATE OF SERVICE I hereby certify-that a true and ~rrect copy of the foregoing Request has been delivered

D

to the prosecuting attorney at the Brazos County Courthouse on the date~led. /~/~ / / B EARLen:Y _:_ ... n- D 0 0 0 0 0 0 0 0 0 0 0 0

--- -·····-·· -·-····-···---·--·--········· ··------· ····•····· Page_3.2. .

. ·-- .

0 n u 0

TilE STATE OF TEXAS 0

Vs.

1Av1'c\ Di-to__n e.. To: The Sheriff of Brazos County, Texas Brazos County, Texas, effective at ---+:-'-':---'.-'-.I....<;.......J,::t~ 201.:1::=:_ relating to the offense(s) of

':........~to serve a term of _ __ _ __.. .......... >--L-.........,.--+---"-"..__'------- -.;:---in the Brazos County Jail ~j in the Institutional Division of the Texas Department of Criminal Justice ___ in a State Jail Facility

_ __ as a condition of community supervision _ __ with referral to the State Boot Camp _ __ work release is authorized

___ each SUM T W Th F Sa from m. until m. ___ according to the schedule ___ _

___ to be held in the Brazos County Jail _ __ without bail, until further order of this Court __ _ until transported to a Substance Abuse Felony Punishment Facility ___ pending appeal from his conviction of a felony . _ __ until sufficient bail is posted in the amount of$. __ ____ _

-....,--- in cash or surety bond fonn ___ in personal bond form

0 ___ upon the attached conditions; without conditions __,. __ t.o be released from custody on the above charge(s)

-~_,___CREDIT

FOR TIME SERVED

0 ___ UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to pay court costs of$ ; attorney fees of$ _ __ _ _ _ fine of$ ; restitution o f$ -= - - - - - - - - -

&

/7J

0 ?c:GI CO lay-out court costs of$ .... _J r •

___ TO

RUN CONCURRENT W ITH - - - - - - - - - - - - - - - - - - ___ S,PECIAL INSTRUCTIONS: 0 This ·Court Order.was

___ YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING

ON THE FIRST DAY THAT YOU REPORT TO JAIL. FAILURE TO 0

COMPLY

WILL RESULT IN WORK RELEASE BEING REVOKED A..ND STRAIGHT TIME ORDERED. Defendant's in i t i a l s - - - - - -

·\~)~ 0 SIGNED this the - d 0 Presiding Judge ..... ___ .... __ _ .. ~~9~ .. ~~·-- 0 n

0

CAUSE N0.12 -C -~:~·= 4- ~ (_[.:. '~~·;;,..\\• ltf () . . . '1'V ('c) 0 . IN THE J:.f J- DISTRICT C~RT ~ , § THE STATE OF TEXAS ·. {);v7'~ ~ . O u B ~ OF BRAZOS COUNTY, TEXAS-· .· . [l

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*

1. Judge of the trial court, certify this criminal case: 0 ~ Is not a plea-bargain case, and the defendant has the right of appeal. [or J o is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial 0 and not withdrawn or waived, and the defendant has the right of appeal. (or] o Is a plea-bargain case, but the trial court has given permission to appeal, and the defendant 0 has the right of appeal. [ or] o Is a plea-bargain case, and the defendant has NO right of appeal. [or] 0 o The defendant has waived the right of appeal. 0:,' ""{~ 0 0 0 0 0 0 State Bar o exas 10 number:, ____ _ Mailing address: ________ _

Telephone number:----'----- Fax number (if any): ______ _ Telephone number. _______ _

0

Fax number (if any): _______ _

• "A defendcnt in a criminal case has the right of appeal under these rules. The bial court sl'iall enter a certification of the 0 defendant's right to appeal in every case in which it enters a judgment of guHt or other appealable order. In a plea bargain case that is, a case in which a defendant's plea was guilty or nolo contendfe and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) !hose matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial courfs permission to appeal." TEXAS RULE

0 OF APPELLATE PROCEDURE 25.2(a)(2). Page 34 0

0

,., :TfTJl-1: i.-:~:.:---~-\ 0 ,-•1 \f)·.~.J-1-~ ::,-,,n: -··.. ;

w;r: i jj 'ln1? No. 12-03324-CRF-272 ; ; 0 .. ~::t..\l 272ND DISTRICT CJ TPT,/)~h.~:h~:-:-·;

THE STATE OF TEXAS

~~_f;JJJ 0 vs. IN BRAZOS COUNTY, TEXAS DAVID DUANE GREER ll ORDER APPOINTING ATTORNEY ·' 'l ;- __ ;_.; 0 __ , __ :·ti 1 l \ On this November 15, 20 l2, let it be known that the Court found good cause to re 0

the court appointed attorney from this case.

. •' It is therefore, ORDERED, ADJUDGED AND DECREED, that EARL GRAY, a :0

licensed attorney by the State of Texas is hereby released in this case and no longer represents

:0

DAVID DUANE GREER, Defendant in the above numbered cause(s).

On this November 15, 2012, let it be known that this Court found good cause to appoint 0 an attorney to represent the Defendant in any post-conviction writ and/or appeal proceedings in the above numbered cause(s). I hereby appoint MARY HENNESSY, an attorney found by the Court to be competent,

~o

to represent DAVID DUANE GREER, Defendant in the above numbered and titled cause in any

0

post-conviction writ and/or appeal proceedings, if any, or until released by wdtten order of this

Court . :O

.

. SIGNED on Thursday, November 15,201 ·o 0 0 0

Order Appointing Attorney 0

Page I of2

:Page 35 0 n 0 0 ·B D Delivered to: D Transmitted by fax to:

Copy was: D Mailed to: MARY HENNESSY 403 Alamo St. 979-277-0757

.o FAX: 979-277-0030 Brenham, Tx 77833 Attorney Appointed Address · Phone Number -o Copy was: D Mailed to: D Delivered to: Custody status: :0 DAVID DUANE GREER IN JAIL Address Defendant Phone Number

:0

Copy was faxed to Office of the Brazos County District Attorney

,Q VIA FAX NO. (979) 361-4368 ·0 '0 0 0 .0 0 0 0

Order Appointing Attorney 0

Page 2 of2

Page 36 .o

P.

C ^[0] r.-,rr u n ; c d i o n R e s u 1 t R e :· o r t ( No v. 1 ? . L 0 1 2 i 0 : 3 4 MA ) " 1: 0 1) Or~::~ c~~nty 272~d D• ~t Court 2)

D d-e /T i me : Nov. 15. 2 0 1 2 1 0 : 3 3 AM 0 F i 1 e Page Des! ina! ion Not Sent N:J. Mode Res u 1 : 8961 Memory TX 91--979-27/-0J30----9581832 P. 2 OK

DISTRICT ATTORNEY OK ·o 1C·r ~rrC"r R~a.$(1 1) Hang up or line "fa.tl E. 7) Bo~sy 3) No a.r~vre• E.4) No id.L:.imilt: t:onnection 5) Exct:c:dt:d ma.x. [·mail ~•.:e 272ND DIS11Ucr COORT

TilE STATE OF TEXIIS vs

D.'

BltAZOS COUNIY, TEXAS DAVID DUANE GREER ORDER Al'l'OlNTING A'ITORNEY 0 0

Page 37 0

D

16·2892-LIST OF JURY CHOSEN-Criminai-Erther Court-Class ^[2] 11~·811 e·· ~- ........ ~. · .... - .IIP'ft:: ...... · ~\-'••' ~"""li._ ...... ~t:,·.·,t';;:i,i~~W#®\&-*"•• _ · .. •- --~ c :;1 · ~~ \00-)e.tn'o(?\ \3, S'o)C) No .. /~·-o3l ~i--~/"- ;J7;1. 0 In The d]d 'ttd. .~\ c+ Court, ,·1 ~~

THE STATE OF TEXAS [J l VL of

:D

--=b!..-.L-\-ICC"""",_ 7-'-':o.S~"'----- County, Texas. Defendant __ ,JURY CHOSEN . 1 Lo~Y4tN /1. /ll/'e 70 0 - 2. ~o(Je.RT .R, Ces-s.vll

(

:D

.. . . . .. _ •; ~-~.·: ,~ ··.:.: 5 /1/1~/>/1 z, CRi/!'18ei\H/

,0

6 C:~LLJe,f/o Cot3o5 ·o l'f'o6ei(T 13, /-1/1 s/1 9 .0 10 v,'c!oR//l /. C/tRTeK 11 Lu/s C. £s-hNo r2 Lv C/t5 J. I,RV/~

tD 13 ______________ _ 14 ______________ _ \1 0 Q __ P_""'_r_-e_or=_r,r,_,_"~~_i._/I-·/_'J_-~_o._.,,. __ _____ -·~-·--~-·-

•:""=~-. ,:-.... ~~-:-:-.,-..:--l\B,m.--==:--•:-;;-li\Jif':~oi.,:=-~.-:••· . .:..~~\j.:#&.-="i:--·~~-:.~--••~~··~·-·•a. 'o"JORT.''""•' ··1~'· . . . •,~-·-- -~~f • · !0 :o 0 0 0 0

:Page 38 LJ >In·-~ '!

I

I•_; 16-2892 ..

li

No.12-o35 ;;l/-c,RP~J;l ~

~

~~ • , THE STATE OF TEXAS,

I.J

It vs. ,.=1 011vi{) /Jv/I~Ye CReel. :~

~·

~~ ~ 0)

M

!~: - - - - - - - -

C1)

en

m

l~ Defendant. D. ~~I

JURY

CHOSEN I·J 1,_,

FILED

. [\}0\le~c 10 I ·I

.['\['..

',,c...rc. -1-\c;.m \; o :~ I ,,! ,. •·· .' ' .I ·~ -.

epuly. ~~ ,;1 -~ ' 1 • . ·:.

Y/

~-: ;~~1

~ r.:_ _______ , ~ ;_-_____ ::oiL ~~ ~_::~ ~ ~:""1 ~~ t:;. _______ ::-.?\ , . . . - - : - "1 ~":1 ~:--'\ ~~ (."~ ~~ ~~.;.,"") I-·------~ STATE OF TEXAS ·. I Vs

DAVID DUANE GREER

[ \ 12-03324-CRF -272 J 8 0 0 0 0 0 0

-~-U~Rf ---- ---~-~!

.Q

- DEFENSE STRIKES 0 Juryw.,,.lttiOOot /?:'~~ ~t:=~~::;j;d. EXCUSED 0

November 13, 2012.

Remaining panel dismissed at the same time.

0 Ernie J. Montoya, Bailiff

0 0 D lJ

Page 40 0 n

STATE OF TEXAS Vs DAVID DUANE GREER

12-03324-CRF -272

November 13 2012 ' 46. JOHN JOSEPH 61. 76. 0

ALBERNAZ

47. OMER LLOYD 62. 77.

EVERETT

:0 78. 48. JEFFREY MA IT 63.

WATSON

49. VENESA ANN HEIDICK 64. 79.

:0 50. ERIC KARSTEN 65. 80.

BARDENHAGEN

51. JULIA ANN GOOD. 66. 81. 0 52. BEVERLY THOMPSON 67. 82.

KUHN

5 J . .I\J't:J-H..I:i HIU n n 68. 83.

~.- - - - !/l,'oo/1 :0 84. 69. 54.~:..!Lf'l-l ·~ ~ "") !l'I>IJ t.B v r~n v SS:-8€ 70. 85. ~ ) //.''/511 ,o :Jo. U"HLIST(NF ~ 71. 86. T~~LL ) 1/''IS/i 72. 87. ) I. mADART~ I 1/:ooll NTCl.

1D·

5~ND. .___-/_ 73. 88. ) //ys/1 A...LJ,Gm .. .,.~utK )9:-RlillNDA JO~ 74. 89. I /l:y.>/1

·D

In!-

ov. ~ER PFTTIJ:. __., 75 . 90. //."/ §'# .J:ll.!.Q-&h. 1 l1 ) STATE STRIKES DEFENSE STRIKES

!0 t:::::.-c::::q=:~ EXCUSED Jury was selected at /J,''Isf November 13, 2012. 0

Remaining panel dismissed at

the same time. Ernie J. Montoya,

·.fl .u

Bailiff

---·-------· '• ... ~o 0 0

Page 41 0 n 0 :8

iO 221163 . MANCHI EDWIN May 22 1987 ^[7] NICH~~S . 7 •n<>" SCHLECHTE ^[221421] iAI\IN ^[8] LAND February 8, 1949

ROBERT

SMITH ^{[10] [223160]} '" lr. ld 17, November 30 1946

LAURIE

REBA SCHLITTER iO 13 224679 """ loo ~•c ·~ - \'>'lAQ"ZIO ' ( ' " ' lt::l ·~·c:: z Al!QUSt 6 . ^[1952] MARISA 15 224893 GAUMBERTTI February 21, 1955 16 225220 COBOS GILBERTO September 29 1952 17 ^[226198] HOLT MICHAEL LEE '" ·~..,,...,,.., ln.- ,,..,..

~r ~'2"1 10lU rTn.hlY_ '"'.A Hl51l. ^{[20] [226494]} SMITH KEVIN SCOTT September 9 1966 ---.. 22 226615 PARKER BRENT KEITH July 29 1957 23 226666 HENRY SARAH ANN December 12 1985 p July 22 1954 24 227248 MCINTYRE DAVID ~ j.-,07'>"<7 VI\Mt:: '>o::: 26 227331 HASH ROBERT BRUCE May 28 1957 27 227377 FROSCH CAROL BROWN June 2, 1949 29 227575 CARTER VICTORIA RAY December 12 1957 30 227586 MOORE SHARON ALICE November 19 1956 31 227663 FREDERICK PAULA KATHRYN A_pfil14, 1970

0 32 227670 ESPINO LUIS CARLOS October ^{[6] [1988]} 33 227689 IRVIN LUCAS JAMES November 24 1982 ^{[34] [1] [227799]}

MOORE CASEY JOE November 22, 1982 0 36 227995 STECKMAN BETTY UTECHT May 30 1950 37 228069 ARIAS ANTONIO July 21 1963 38 228100 PFITZER ANTHONY D. September 24 1956 39 1228234 NELSON NANCY HICKS July 18 1947 ~40~f-2=2=87=8~8~-fB~O~O~N=E __________ -fKA~R~E~N~-------fK~·------------~D~e~c~e~m~b~e~r2s.~1~9~55~~- 41 228937 DAVIS JAMES A June 29 1960 42 228969 FORD VIRGINIA A June 15, 1965

0 0 0 0

Page42 n Summons last N~mc Firsc Name Middle Name Date of Birth _ ( 43 ^{[1] [229176]} !BARKER COREY MICHAEL Mav 17, 1974 44 229203 HAQUE MOHAMMED ENAMUL Auoust 3 1959

0 45 ^[229285] STRONG STEVE A June 13 1960 46 229379 ALBERNAZ JOSEPH July 31 1960 JOHN 47 229398 EVERETI OMER LLOYD January 9 1947 48 229425 WATSON JEFFREY MATT September 20, 1971

D

49 229430 HEJDICK VENESA Auoust 10, 1977 ANN ··- - ·- ·- ii<ADIO'Tl:t. 50 229545 BARDENHAGEN ERIC ·-· ··-- -- ... .. -~z::;o::;4 ______

'1(;;000 JULIA ANN March 3, 1962 B 52 229711 KUHN BEVERLY THOMPSON April B. 1966 53 229726 DRAPER JUDITH HILL November 19 1948 54 229799 DEAN SARA CATHERINE Auoust 13, 1992

/ 55 230216 PIWONKA BOBBY DOYLE Auoust 15 1950 ·0 56 230320 November 20, 1967 THOORSELL CHRISTINE ANNE September 17 1948 57 230422 NICHOLS LORETTA DARLENE 58 230700 AUGSBURGER NORMAN ^[0] Mav 9 1958 JOANN Januarv 14 1959 59 230755 JOHNSON RHONDA

D 60 230847 HUDSPETH JENNIFER PETTIT November 30, 1964 0 D 0 0 0 - - 0 0 u

Page 43 0 j.J i · I 3eat Assignment

3TATE OF TEXAS. COUNTY OF BRAZOS

Attendance List Printed During/After Voir Dire , T N ue, ovem er b 13 ^[2012] a t ^{[8] [00]} AM : V . D' o1r 1re ID 1368 : i

\ >----~· t --~ Court Name: 272nd District Court ;: .. .. .. l\(t~/' , ..... :; .. I ~-- )

E

Middle Name Date of Birth ~ Summons Last Name First Name cox October 25, 1965 ^{[1] [218979]} KATHRYN PATRICIA MARTINEZ December 13, 1972 ^{[2] [219062]} NIETO LORYNN .,. [., -

IA.IO . IDII ^{[4] [220044]} SPARKS JEFF SCOTT AUQUSI 22 1967 March 1."1958 ^{[5] [220079]} KELLING RONALD DANIEL

J October 31 1952 ^{[6] [220913]} CESSNA ROBERT RANDALL May 22 1967 ^{[7] [221163]} MAN CHI MALATHI REDDY ^[221421] SCHLECHTE NICHOLAS EDWIN May 22. 1987 ^[8]

:l ·. l-100 1

}-----=-¥--~~-~+-------i

~ u ~ ..-or ~ ~ rJ

Page 45 l J J

CAUSE NO. 12-03324-CRF-272 § IN THE DISTRICT COURT STATE OF TEXAS J vs. § OF BRAZOS COUNTY, TEXAS DAVID GREER J LADIES AND GENTLEMEN OF THE JURY: J Possession of a Firearm by a felon, alleged to have been committed on or about February 16, 2012 in Brazos County, Texas. To this charge, the defendant has pleaded not guilty.

I.

A person who has been convicted of a felony commits an offense if he possesses a firearm after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory. supervision, whichever date is later.

J "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel J by using the energy generated by an explosion or burning substance, or any device readily convertible to that use.

J

"Possess" means t.h~. c;cg:~, ~~~~gdypconttol, o(tnanagemerit of property. . .. ' :. ·.~· .. -. ·: -~ ........ '····. . . •, .... . '· . -·. ·''Felony" means an offense so designated by law or pm~~mble by death or confinement in a penitentiary. ~ 1 ~ Page 46 I I

A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the "' circumstances exist. A person acts knowingly, or with knowledge, with respect to a result ofhis conduct when he is aware that his conduct is reasonably certain to cause the result.

II.

Now, if you find from the evidence beyond a reasonable doubt that on or about the 16tll day of February, 2012 in Brazos County, Texas, the defendant, David Greer, did then and there having been convicted of the felony offense of Possession of Methamphetamine on the 6tll day of November, 1997 in Cause number 13, 603 in the 278tll District Court of Grimes County, Texas, intentionally or knowingly possess a firearm before the fifth anniversary of the Defendant's release from supervision under community supervision, or parole, or mandatory supervision following conviction of said felony, then you will find the defendant guilty of the offense of unlawful possession of a firearm as charged in the indictment.

Unless you so find beyond a reasonable doubt, or if you have a reaSonable doubt thereof, you will acquit the defendant and say by your verdict "Not Guilty."

III.

A grand jury indictment is the means whereby a defendant is brought to trial in a felony prosecution. It is not evidence of guilt nor can you consider it in passing upon the question of -2- Page 47 0 0

guilt of the defendant. D IV. You are instructed that our law provides that the failure of the defendant to testify shall 0 not be taken as a circumstance against him, and during your deliberations you must not allude D to, comment on, or discuss the failure of the defendant to testify in this cause, nor will you refer 0 to or discuss any matter not before you in evidence. v.

All persons are presumed to be innocent and no person may be convicted of an offense

unless each element of the offense is proved beyond a reasonable doubt. The fact that a defendant has been arrested, contirled, indicted or otherwise charged with an offense gives rise to no inference of guilt at trial. The law does not require a defendant to prove his innocence or

. . . . produce any evidence at alL ~e_p~~~-~I"IlP.~~!?_<:?f~~-()~~E-ce·~J~?er:is'stiffic~_t:!l:!:fcY''~cq~_i!_th'e' . 0 ~eferi&Clntr~.l_nl ~_s.§_!h~ ].!:!~<?.!"~ ~e sati~f!~_Q 5'e§:t;l!iia;;ca2feas~n~Hle''cr~f,!QtgfJJ:le defengan,t~~_gyilt after . . . -{i_~(~fa:l!~:cl,~Fif{p~1a:}?~O,ilst~~fation of all the evidenc~jn the_ case. 0 .· . . .· ._·: . ·. . . ·.· . . . ' ' . - . . -Th~.:fp.£1>~~~~ti'o~:f1~~~~h~~b.~~¢.~Il:'~fcP!.<?:Ying=~!!~,;-~~f,~uq~r~-gl;tij!Y, and it must do so by 0 """ . . . : . . . • . cc., ... -.' • proving each and every element of the offense charged beyol:i5tc((e_¥~;eni_~:l'!2!1Eb and ifit fails • J • • . - ~ • to do so, you must acquit the defendant. D . ·~ . It is not required that the prosecution pro-cve guilt beyond all possible doubt; itis required 0

that the prosecution's proof excludes all reasonable doubt concerning the defendant's guilt.

0

VI.

You are the exclusive judges of the facts proved, of the credibility of the witnesses, and 0

-3-

0

Page 48

0 0 0

the weight to be given to their testimony, but you must be governed by the law you receive in 0

these written instructions.

After you retire to the jury room, you should select one of your members as your ~6 Presiding Juror.· It is his or her duty to preside at your deliberations, vote with you, and when -.~

you have unanimously agreed upon a verdict, to certify to your verdict by using the appropriate

0

fonn attached, hereto, and signing the same as Presiding Juror.

. . . I~··delih'?~ating·.oi\•th<:?~·ca~ei'I.C>lf'.rfltiSf'Ori:o~~~6risider;·':r~fet'Eo;:'not~'dJ~~~$c6iriy'rhattef~Q!:."·· 0

-~_sue:npt's~Owntby~th~·t.wJd¢,~¢-~;'in;··tae~c.~§~~@~~tl:r~J~~~a~onable~~Q.fe~:ac~~gg:ffi:~~~§~i.:PE~.~-~.

0

·_-Jt~iSt>te>nl;Y-:J[~.iTii{tfu'eAyitness-Stand,::,or;;t~ngihle.:items'-.adihitterl.~fi:a~o~;~xi:9~~P~~:~~-~t~~~-:.j·?_tf·+s.

. . . . . . ' --P.~Fm;i.tted-,to%'lieP¢_jye¥.;6v-i'd15i}"~~~i:¥e'gafdih'g,the .. ca·se': You should not consider nor mention any 0 ~. . ._. .. , ...... _; __ - --· ·. ....... , . -··-·· ... --~-- .. -· . ···--- ·----~----------------. ··-·-- ···-··---··-····· ······- . .. £_e~s~~~~J~no~1~4ge ~~ inf<:J~~tiO!J:Y~_U ITlay·~-~y~ _a~out any· fa~~ ()rp~f..SOJ]_C()~ecte9:~!t:J:1_t!!i§

;0 ~i:!~~~~i~h-~~-~<?! .. ~h~~~--~):' !~.e. _ey}~~!l~(! ~~for~. Y.Q!:!.- In determining the guilt or innocence of :·: n

the defendant, you shall not discuss or consider the punishment, if any, which may be assessed

against the defendant in the event he is found guilty beyond a reasonable doubt.

D Do not deliberate with any member of the jury unless all members of the jury are present ·.o in the jury room. ^[1] You have been permitted to take notes during the testimony in this case. In the event 0

any of you took notes, you may rely on your notes during your deliberations. However, you

·o

r

may not share your notes with the other jurors and you should not permit the other jurors to [l

share their notes with you. You may, however, discuss the contents of your notes with the

other jurors. In your deliberations, give no more and no less weight to the views of a fellow

0

-4-

'0 Page 49 0 0 [)

juror ju_st because that juror did or did not take notes. Your notes are not official transcripts. D They are personal memory aids, just like the notes of the judge and the notes of the lawyers. Notes may be valuable as a stimulant to your memory. On the other hand, you might make

: ... Cl" ilJ

an error in observing or you might make a mistake in recording what you have seen or heard. Therefore, you are not to use your notes as conclusive authority to persuade fellow jurors of what the evidence was during the trial.

After you have retired, no one has any authority to comm~Jlicate with you_ except the :O bailiff. You·may communicate with the judge in writing through the bailiff, but do not I ' ., • :0

-~

attempt to talk to the bailiff, or the attorneys, or the judge, or anyone else concerning any question you may have.

10

After you have reached a unanimous verdict, and the Presiding Juror has signed the

!0

appropriate form, notify the bailiff that you have reached a verdict.

!0 ·o :o

Signed this fl day of N b{, 2012. 0

I

0 0

residing Judge 272nd District Court 0

-5-

0

,Page 50

0 D 0

CAUSE NO. 12-03324-CRF-272 0 § IN THE DISTRICT COURT STATE OF TEXAS vs.

§ OF BRAZOS COUNTY, TEXAS 0 DAVID GREER § 272nd JUDICIAL DISTRICT 0 VERDICT OF THE JURY D We, the Jury, fmd the defendant, David Greer, Not Guilty. 0

0

Presiding Juror 0 We, the Jury, find the defendant, David Greer, Guilty, of Unlawful Possession of a Firearm by a Felon as charged in the indictment. 0

0

Presiding Juror 0 0 0 0 0 0

-6- 0

Page 51

0

n~

CASE No. 12-03324-CRF-272 COUNT Single -, ~ INCIDENT NO./TRN: 9206382438 0 THE STATE OF TEXAS § §

0 v.

§

§

DAVID GREER § § STATE ID No.: TX.03329636 §

JUDGMENT OF CONVICTION BY JURY

0 . Judge Presiding: Date Judgment HoN. TRAVIS BRYAN, III 11/14/2012 Entered: Attorney for

RYAN CALVERT

EARL GRAY Attorney for State: Defendant: 0 Offense for which Defendant Convicted:

UNLAWFUL POSSESSION OF FIREARM BY FELON

Charging Instrument: Statute for Offense:

0 INDICTMENT 46.04(a) Penal Code Date· of Offense: 2/16/2012

0 Degree of Offense: Plea to Offense:

HABITUAL FELONY

NOT GUILTY Verdict of Jury: Findings on Deadly Weapon: NIA GUILTY I

0 Plea to 2nd Enhancement/Habitual Plea to 1' ^[1] Enhancement

NOT TRUE

NOT TRUE Paragraph: Paragraph: Findings on 1 ^[51] Enhancement Findings on 2nd

0 TRUE TRUE Paragraph: E!lhancement!Habitual Paragraph: Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: COURT 11/15/2012 11/15/2012

0 JUDGE SENTENCED DEFENDANT TO THIRTY(30) YEARS Punishment and Place of Confinement: INSTITUTIONAL DIVISION, TDCJ

THIS SENTENCE SHALL RUN CONCURRENTLY. 0 D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A . Fine: Court Costs: Restitution: Restitution Payable to: 0 VICTIM (see below) 0 AGENCY/AGENT (see below) $259.00 $NIA $NIA D Sex Offender Registration Requirements do not apply to the Defendant. TEx. CODE CRIM. PRoc. chapter 62. The age of the victim at the time of the offense was N/A .

Tf Defendant is to serve sentence in 'J'DCJ enter incarceration periods in chronological order. 0 From 2/16/2012 to 3/21/2012 From 5/14/2012 to 11115/2012 From to Time From to From to From to Credited: If Defendant is to serve sentence in county jail or is given ercdit toward fine and costs. enter days credited below. 0

N/ADAYS NOTES: N/A

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Brazos County, Texas. The State appeared by her District Attorney. Counsel /Waiver of Counsel (select one)

0 [8] Defendant appeared in person with CounseL 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging 0 instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its 0 verdict in _the presence of Defendant and defense counsel, ·if any. · The Court received the verdict and ORDERED it entered upon the minutes of the Court. r;reer.dl2·0332+af Page 52 Pa~o l of2 0 0

Punishment Assessed by Jury I Court I No election (select one) 0 Jury. Defendant entered a plea and filed a written election to have the juzy assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation,

-o the juzy was brought into Court, and, in open court, it returned its verdict as indicated above. · · ~ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. 0 No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing

0 evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUlL TY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.

The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) ~ Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the 0 Sheriff of this County to take, safely convey, and deliver Defendant to the Director, lnstitutiona~ Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the Brazos County District Clerk's Collection Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Cqurt above. 0 County Jaii-Confine~ent f Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Brazos County, Texas on the date the sentence is to commence. Defendant shall be confined in the

0

Brazos County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed

immediately to the Braws County District Clerk's Collection Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. 0 Fine Only Payment. The punishment assessed against Defendant is for a F1NE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Brazos County . Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution I Suspension of Sentence (select one) ~ The Court ORDERS Defendant's sentence EXECUTED. 0 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated. F.;,_rthermore, the following special findings or orders apply: gnoer .d 12 ·03324 -o:f Paeo. 2 of2 . Page 53 u

BRAZOS COUNTY OFFICE OF THE SHERIFF

CHRISTOPHER C. KIRK Mike Wilson, CHIEF DEPUTY 1700 HIGHWAY 21 WEST BRYAN, TEXAS 77803-1300 WAYNE DICKY, JAIL ADMINISTRATOR Date of Sentence: TO WHOM IT MAY CONCERN: 11/15/2012 This letter shall serve as a certification that the below names individual: Name Cause# 12-03324-CRF-272 GREER, DAVID D.

0

UNLAWFUL POSS

Offense: FIREARM Offense Date: 02/16/2012 ------~~~~------- TRN#: 9206382438 0 TX SID# TX03329636 SO SID# 26619800 . 0 DOB:

12/22/1966 RACE: WHT GENDER: MALE - - - - - - - Has the following arrest record with the Brazos County Sheriff's Office: n

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED ·0 3/21/2012 SOOK #229324 DATE IN 2/16/2012 DATE OUT DAY SERVED 35

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED BOOK #232201 DATE IN 05/14/2012 DATE OUT 11/15/2012 DAY SERVED 186

D

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED

BOOK#

DATE IN DATE OUT DAY SERVED

0

DETAINER P'LACED:

DATE IN DATE OUT DAY SERVED

BOOK#

DATE IN DATE OUT DAY SERVED

0

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED

BOOK#

DATE IN DATE OUT DAY SERVED

0

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED

BOOK#

DATE IN DATE OUT DAY SERVED

DETAINER PLACED:

DATE IN DATE OUT DAY SERVED

0

BOOK#

DATE IN DATE OUT DAY SERVED TOTAL DAYS SERVED 221

D ORDER WORKED BY C?~Zm.u 11/16/2012 (revised) --~--------------- DATE: 979-361-4806 OFFICE (979) 361-4900 . . ADMINlSTRATION (979) 361-4992 . . FAX (979)361-4905 0

Page 54

0 0

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

1 PEN PACKET DOCUMENT CHECKLISf 0 Prison 0 State Jail D SAFPF 0 SAIP (Boot Camp)

CHECK ONE:

0 Please Print

OFFENDER'S NAME:

GREER DAVID D

~~-----------------------------------------------------= Last first Ml Gender: __ M __ _ TX03329636 12-03324-CRF-272 MIF SID/DPS Number CAUSE Number(s) 272ND 9206382438 BRAZOS Court Nwnber County Name! Co. Offender/ TRNNumber FBI Number Number SPN Number Indicate whether offender is regular needs or special needs (mark one): Regular Needs 0 Special Needs D If special needs, explain:

0

REQUIRED DOCUMENTS FOR ALL OFFENDERS:

CHECK 0 1. Standardized Feloll}' Judgment Form- Official Certified Copy 0 0 2. A COJlY ofthe defendant's criminal history 3. A written repc>_rt describing each offense for which the defendant is sentenced to TDCJ 0 4. A copy of the indictment or information on each offense for which the defendant is sentenced to

TDCJ

0 5. A copy of the Jail Conduct Report

REQUIRED DOCUMENTS FOR ALL OFFENDERS (IF PREPARED):

CHECK 0 0 6. Deta.iners, Holds or Warrants 7. Pre- or Post-Sentence Investigation Report 0 0 8. Revocation Report 9. Psychological/Psychiatric Evaluation 0 10. Client Supervision Plan 0 11. Texas Uniform Health Status Update (For Special Needs SAFP sentenced offenders copy ofTUHSU

must be provided to TDCJ when Pen Packet Document Checklist is submitted for admissions scheduling. For ALL offenders TUHSU must be delivered to the TDCJ unit with the. offender at time of physical admission.)

0 0 12. Victim Impact Statement

I CERTIFY THAT ALL DOCUMENTS CHECKED ABOVE ARE ATTACHED

0

(PLEASE WRITE LEGIBLY):

Printed Name of Person Completing Checklist Contact Information for Person Completing Checklist Title (Area code, phone number, extension) _o Signature of Person Completing Checklist 0

1 Companion Definitions and Guidelines Available 0 D

·Page 55 0 n . "l .... )1;CJ

0 : ~.- No. 12-03324-CRF-272 0

IN THE 272ND DISTRICT COURT

THE STATE OF TEXAS D VS. OF 0

DAVID DUANE GREER

BRAZOS COUNTY, TEXAS 0 0 0 0 0 G

Date: _______ _ 0 u D 0 0

Right Thumb Print 0 D

Page 56 0 n [)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE 0

CORRECTIONAL INSTITUTIONS

DIVISION CLASSIFICATION AND RECORDS DEPARTMENT ADMISSIONS SECTION 0 JAIL CONDUCT REPORT D GREER, DAVID. TX03329636 12-03324-CRF-272 OFFENDER NAME (Last, First, Middle) SID NUMBER CAUSE NUMBER G I certify that the above captioned offender has committed no serious acts of _ ___ _ misconduct while in my custody. 0 I certify that the above captioned offender committed serious acts of misconduct as follows:

- - - - - 0

INCIDENT:

D

.. 0 E

Dates subject has been arrested and released on the above cause number in chronological order:

IN

OUT 0 2/16/12 3/21/12 5/14/12 11/15/12 0 0 u

TDCJ COORD INA TOR

COUNTY

SHERJFF'S DEPARTMENT

u ** This form should accompany all offenders' commitment papers transferred to the Texas Department of Criminal Justice. ** Attention: CRO State Ready Section

0 u

Page 57 0 n 0

300 'E. 2fY;, St., Suite ^[216] 'Brazos Ccru.nty ·· 'Bryan 1X 77803 0

(979) 361·4230•4240

0 :Marc Jfamfin 'District CCerk 0 ~ 0

I HEREBY ACKNOWLEGE RECEIPT OF THE TDC PACKET ON: 0

DAVID GREER

u 12-.03324-CRF-272 CAUSE NO. ________________ _ FROM THE DISTRICT CLERK'S OFFICE. 0 PREPARED BY:_. __ A. MORGAN _____ DATE: 11/1.9/1.2

E.

~.._ 4 .....__~--~-+---DATE:_.-1., l.....l.\-+-\ ....:...~ ~-...:...._· RECEIVED BY: ___ ]C£__;' \WI \ D 0 0 D 0 0 u

Page 58 u 0 0

THE STATE OF TEXAS :0

To: The Sheriff of Brazos County, Texas

0 Brazos County, Texas, effective at ---1-:'"':---?-.<,;_.J~~ 20 1~ relating to the offense( s) of ~t-U-~~.w.....!7'-~~-.LUJ~LLL.I---"~----l..~i;.I.L.I."'-"?"""--=:::-- '-:.......~ to serve a term of ____ ---J.-l~ .......... '+-~.......,L..w;,_..~-- ____ _

0 ~--in the Brazos County Jail ............_j in the Institutional Division of the Texas Department of Criminal Justice --~in a State Jail Facility ___ as a condition of community supervision

:o

___ with referral to the State Boot Camp

___ work release is authorized

__ _ each SUM T W Th F Sa from m. until m. ,0

___ according to the schedule __ _

___ to be held in the Brazos County Jail __ _ without bail, until further order of this Court 0

--'---until transported to a Substance Abuse Felony Ptmishment Facility

----!pending appeal from his conviction of a felony ___ until sufficient bail is posted in the amom1t of$. __ ____ _

_ __ in cash or surety bond fonn ._._n_ U ---'--- in personal bond form

@. ___ upon the attached conditions; without conditions thru.. C;i 98 to be released from custody on th;,abqve c~e(s) .J -ff ?. -\(p -2- bl'2- \4 CREDIT FOR TIME SERVED unc..lu.dU\9 flme..., bifVr...c.J om 3. J./, Zo )2-) -~ r _•_0 .:/-.. ___ UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to ~ pay court costs of$ . ; attorney fees of $ ; ..(- · ·D "- . 1 f $ 2 c~JesJbtution of~ fine of$ urt ~ ay-out co costs o .. .r1. . ~

___ TO RUN CONCURRENT WITH __ __ ___ ___ __ _ __ _ _

0

___ SPECIAL INSTRUCTIONS:

n ___ YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING ON THE F1RST DAY THAT YOU REPORT TO JATL. FAILURE TO COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED AND STRAIGHT TIME ORDERED. Defendant's InJtials - - - - -

0 -~ SIGNED this the \~ d 0 ·u

. ··- --- ......... -·------ Page 59 Q ·o

NO. 12-03324-CRF -272 · B § IN THE DISTRICT CO STATE OF TEXAS n

§

vs. § § § BRAZOS COUNTY, TEXAS DAVID DUANE GREER 0 MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT '0 TO THE HONORABLE JUDGE OF SAID COURT: 0

· COMES NOW, David Duane Greer, the Defendant in the above styled and numbered cause,

and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of 0

the Texas Rules of Appellate Procedure, and in support thereof would show this court the following:

:0 1. The Defendant was sentenced on November 15, 20 J 2. This Motion, filed within the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the ·D sentence, which is January 29, 2012, or this motion is overruled by operation oflaw. 2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. '0 21.3. G 3. The trial court has the discretion to grant a new trial in the interests ofjtistice, as the Court of Criminal Appeals has emphasized: 0

For more than one hundred and twenty years, our trial judges have had the discretion to grant

0

new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73 ), the

Supreme Court, which at that time had criminal jurisdiction, held:

0'

... The discretion of the District Court, in granting new trials, is almost the only

0

protection to the citizen against the illegal or oppressive verdicts of prejudiced,

careless, or ignorant juries, and we think the District Court should never hesitate to

0

use that discretion whenever the ends of justice have not been attained by those

0

u

Page ~0 0 fl. ,_) n

verdicts.

State v. Gonzalez, 855 S. W.2d 692 (Tex. Crim. App. 1993). D 4. For the foregoing reasons, and for such other reasons that may arise on the hearing of ·o this Motion, Defendant requests a new trial. WHEREFORE PREMISES CONSIDERED, Defendant prays that the Court set aside the ' . D L judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, D MARY HENNESSY 0

P.O. Box 2536

Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030

D

.·-"\ ; 0 By: __ /' __ . --+----"-'-'-_____.""'----t--- Mary Hennes State Bar No. 09472300

G Attorney for David Duane Greer n CERTIFICATE OF PRESENTMENT D By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of D Brazos County, on this day, December 11, 2012. 0 0

CERTlFJCA TE OF SERVICE 0

This is to certify that on December 11, 20 12, a true and correct copy of the above and

foregoing document was served on the District Attorney's Office, Brazos County, Texas, by 0

2

u

Page 61

0 0 n

facsimile transmission to: 979-361-4368. 0 B 0 0 0 0 D 0 n 0 D 0 0 0

( 0

3

0 - - - - - - - __ . Page 62 0

0

MARY B. HENNESSY B ATTORNEY AT LAW i=-i i.. t::: jl/} [)(; P.O. Box 2536 fU o'clock -'1-1 M Brenham, Texas 77834-2536 JI"""L..--'--- Tele. (979) 277-0757 0 Fax: (979) 277-0030 December Jl, 2012 8

Marc Hamlin

Brazos County District Clerk

0

300 East 26th St., Suite 216

Bryan, TX 77803

D Re: 12-03324-CFR-272; The State of Texas v. David Duane Greer; In the 272nd District Court, Brazos County, Texas

0 Dear Mr. Hamlin, Enclosed please find Defendant's Motion For New Trial and Motion In Arrest of Judgment 0 in connection with the above referenced matter. Please file in your usual manner. u

Thank you for your cooperation.

0 G D

Enclosure 0 cc: Brazos County Assistant District Attorney's Office Via facsimile # (979) 361-4368 Client n "' 0 D D fr t

Page 63

·-~~;; .... __ .: .. P····-- l [ '• --~7:.- . . - . ~- .:_ .. _ :!!~ G 0

THE STATE OF TEXAS B OF BRAZOS COUNTY, TEXAS V. § § 272nd JUDICIAL DISTRICT DAVID GREER 0 STATE'S OPPOSITION TO DEFENDANT'S MOTION FOR NEW TRIAL AND 0 OBJECTION TO ANY uNTIMELY AMENDED MOTION FOR NEW TRIAL 0 Pursuant to Tex. R. App. P. 21.5, the State opposes, in writing, the Defendant's Motion For New Trial. 0 On November 15, 2012, the Defendant was found guilty of the offense of D possession of a firearm by felon, and he was sentenced to 30 years in the IDTDCJ. .. 0 _ On December 13, 2012, the Defendant filed his motion for new trial. He alleges one ground:

Q

1. that the "verdict in this cause is contrary to the law and the evidence." 0

(Motion, p. 1).

0

He prays for a new trial. (Motion, p .. 2).

A. The 'Defendant's motion.should be. denied_ without a hearing because his mrili~1fii~i!Q"i--~J!iin.2ri~~~b.i.~~ffiai~it'. --- 0 ... . -· · · - -,_. - -- -- -------

---.F,:~~-·-

0 "As a prerequisite to a hearing, and as a matter of pleading, motions for new . . . . . trial must be ~i.lpported by an' affidavit of either the accused or someone else ·.···::;· ;·.'··-_:,._ -,-<· .. ·.~ ·- .·:··-.···· . .--···~ -·~·_··'<•·•-:···. -- .... 0 "1~·- ........ , .. " .......•• \ · ...... · .... ~ .. ,: . . _... . ,,•._ , • . . . ·:_ ..... :_,; .. 0

Page 64- D ^[1] I I

motion must be supported by affidavit. Marquez v. State, 356 S.W.2d 797,799 (Tex. Crim. App. 1962). The defendant's motion for new trial must contain an affidavit where the affiant has personal knowledge of the facts or be "some other person who was in a position to know the facts." Dugard v. State, 688 S.W.2d 524, 528 (Tex. Crim. App. 1985).

In this case, the motion for new trial is not supported. by an affidavit. The Defendant's motion should be denied without a hearing on this basis alone. B. The Defendant's motion should be denied without a hearing because his

ground for new trial may be deter~ned from the trial record. The Defendant is not entitled to a hearing on his motion where his ground for

new trial may be determined from the trial record. See Reyes v. State, 849 S.W.2d 812, 816 (Tex. Crim. App. 1993). C. The State objects to any untimely amended motion for new trial, if fJ.led,

and to any order purporting to grant any untimely amended motion for new trial. Tex. R. App. P. 21.4 allows a defendant to amend her motion "within 30 days

after the date when the trial court imposes or suspends sentence in open court .... " The I . ·. 0

Defendant was sentenced on November 15,2012. Therefore, the last day to timely file

n

an amended motion for new trial was December 15,2012.

The State objects to any untimely amended motion for new trial, if filed, and to 0 any order purporting to grant any untimely amended motion for new trial. See State v . . B 2 0 Page 65 0 0 0

Moore, 225 S.W.3d 556, 570 (Tex. Crim. App. 2007). 0

PRAYER

0 WHEREFORE, the State prays that the Defendant's Motion for New Trial be denied without a hearing. n ~--ly_WJ 0 Douglas owell, III 0 Assistant District Attorney 300 East 26th Street, Suite 310 · Bryan, Texas 77803 0

(979) 361-4320

State Bar Number: 10098100

0

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing State's Opposition u to Defendant's Motion for New Trial was delivered to~ Hennessy, P.O. Box 2536, Brenham, TX 77834 on this the '2--0 day of --t2fc , 2012.

D ~. D D [l 0 0

3 0

Page 66

u

12/11/2012 12:1B

'379277EH330 t'1ARY HENNESSY PAGE 02/05

NO. 12-03324-CRF -272

§. STATE OF TEXAS § §

Y$.

§ DAVID DU~.o\..~ GREER BRAZOS COlJ"NTY, § By MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGME:vf TO THE HONORABLE Jl.Jl>GE OF SAJD COURT: CO:tvfES 1\0W, David Duane Greer, the Defendant in the above styled and numbered cause, and filc:s this Motion for }.Jew Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of )_ the Texas Rules of Appellate Prucetlure, and in .supporllh~eofwould .show this court the fullovving: r 1. The Defendant was sentenced on November 15, 2012. This Motion, filed v.ithln the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the t sentence, which is January 29, 2012, or this motion is overruled by operation of law. 2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. 21.3. 3. The trial_ court has the discretion to grant a new trial in the interests of justice, as the Coun of Criminal Appeals has emphasized: For inore than one hundred and twenty years, our trial judges have had the discretion to grant t !

new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73), the Suprem~ Court, which a~ that time had criminal jurisdiction, held:

r . - . The d1~cretion of the District Court, in graritiD.g new trials, is almost the only protection to the citizen against the illegal or oppressive verdicts of prejudictd, careless, or ignorant juries, and we think the District Court should never hesitate to use that discretion whenever the ends of justice have not been attained by those

1 Page 67 12/11/2012 12:10 97927713030 HARY HENNESSY PAGE 03/El5 verdicts. State v. Gonzalez, 855 S.W.2d 692 (Tex. Crirn.. App. 1993).

I

For the foregoing reasom, and for such other reasons that may arise on the hearing of 4. this Motion, Defendant requests a new trial. \VHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside the judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, lviARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-00.30

, ... _... ........ ~ i ~ ~~/l L..----,

By:

I

Mary Hennes ; State Bar No. 09472300 Attorney for David Duane Gree1·

CERTIFICATE OF PRESENTME~T By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of Brazos County, on this day, December 11, 2012.

CERTIFICATE OF SERVICE

This is to certify that on December 11, 2012, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Texas, by 2 I ~

Page 68 S7S277BB30 PAGE !34/135 12/11/21312 12:113 \ ! facsimile transmission to: 979-361-4368. l

J

3 Page 69 I

n I LED ---1o'clockp_M 0 272"n DISTRICT COURT JAN 0 3 2D13 BRAZOS COUNTY, TEXAS Brazos County Courthouse 300 East 26th Street Suite 204, Bryan, Texas 77803 B Tefephone: (979) 361-4220 Facsimile: (979) 361-4517 Travis B. Bryan III Judge Presiding Ernie J. Montoya -Bailiff Lisa Parker-Court Coordinator .o: Connie Rodrigue~-Administrative Secretary Kaetheryne Kyriell - Court RePQrter Denise C. MacKay- Court Reporter December 18, 2012 D 0

MARY HENNESSY DISTRlCT ATTORNEY, BRAZOS COT.JNTY ATTN: DOUG HOWELL; RYAN CALVERT 0 VIA FAX NO. 979-277-0030 VIA FAX NO. (979)361-4368 0 RE: Cause No. 12-03324-CRF-272; State of Texas vs. DAVID DUA.¥E GREER in the 272nd Judicial District Court of Brazos County, Texas Dear Mrs. Hennessy: The Court has received the Motion for New Trial which you filed in the referenced cause. In the Motion, it appears that you are requesting a hearing on the Motion for New Trial. Pursuant to the Local Rules, the 272nd £ourt regqires .Y.9lLt.9_._r~.m~~st a hearing .I?.X. f11i!!g a Setting_R~g11est fgrm~ the DistricLClerk~~Lo_ffi.t.e.. This setting request form gives rrie the necessarY information I need in setting this matter for hearing. This Setting Request form. can be obtained from the County's website at wv.w.brazoscountvtx.gov (go under Courts and then under forms).

Please file this Setting Request form at your earliest opportunity. If you have any questions, please do not hesitate to call me.

Lisa Parker

Court Coordinator

0

Page 70

0 P. D~c. '8. 2012 12:f ^[1] GFM) * ::: 1) 3-· .. :o• c~uoty 272~<' D .t. Cv"rt D 2) hte/T1me: Dec.13. 20't2 11:59~.M :· ~ s e F i : € Nr)t SE1t th ^[1] Ac, de R e ^[5] J l : 9522 lli:f'lo ry TX D STRICT ATTOR~~V

F. OK OK H N~ESSY MARY f !': r r c r r E. 2 l ^[1] Man& JD cr l · re f:l·l· 6J~Y " 5 E. 4l No fa:sini 1~ ccnn~:: ur Nc 3•·swe·

~:..c~e::fc:d ma.x. E~'Tl~Jl !1.<:t: ~ 1~ DlS'I'RlCI' COVJIT IIRAZOS COUNTY, 'l"&XAS.

~c~~ )OtE.ad~~.liaiM:JOI,.BJr)-..'liUSTIA.l l'ttc:pllrroc:j'919JJ6J-n;tl Fc::aiDic (into)Jii-Uf'7 Lin hnw.c.wt c...--. lnitJ.~.a.A;;. c .... a--.-...MM~•r_,._...s.-, ~l:.rftd-o.rt~ DniNC.~-o..n...,.,..,.

I>ttembcr ll, 2012 lliSTRlCT ATTORNEY, BRAZOS COUNTY l<lAR Y HENNESSY ATTN; DOUG !lOWElL: RYAN CALVERT VJAFAxNO. 979-:1.77-(lOJD \'JA fAX!'IO. (979) 361-<;J<iS

;Q

Rl':: C.... No. 12-03324-0U'-272: S~nte gf7.,... ""DAYID Dt'.4N£ GBEEJ!. m 1l!e 172"' Judicial Disuic: Co\Jit ann...., CovutT, T<>:OS Th: Ccu:t hM n:cci¥Cd the MotiCtn !or New Trial ">bic.h )'OU filed .in dtc dcr=cai callSC- hi. 0 zbc r~cm, :1 app:ao.s tha: 1DU are requesrinr D haari.:lg on lhc Motion fur Nc:w Trial. Po.ouant to k l.oooi Rules, th< 2'17"' Collrt requi= you ., reqocst o b:aDng br .!!li!!l; o S.lti:>j; R.eq....., ft=o with the DCaria CleJkl$ office. ThU: PCtting RqCCSt form gM:.s me th:. nec-es:sacy iniarmiJ\icn I DOI:d in s<tlin:' !his ....,.,.f., h.earinJ!. nn. Sdm., Roqu<S1 fonn • .., \lc obt.in«< tn.o th< County'o- ot !!'WW twrz.mmm!vtt.pov {get ondc:rCccms. nd fbca under fa:ansJ

.o D

\ Page 71 PAGE 02/04 MARY HENNESSY 9792770030 02/04/2013 09:35

NO: 12-03324-CRF -272

§ IN THE DISTRICT STATE OF TEXAS § § vs. § BRAZOS COUNTY, TEXAS DAVID DUANE GRF.ER § tu;OUEST FOR PREPARATION OF REPORTER•S RECORD AND DESIGNATION oF·MATIEBSTO BE INCLUDED TO THE CLERK AND COURT REPORTER OF SAID COURT: Now comes Da·vid Duane Greer, Defendant in the ahove styled and numbered cause, and requests the court reporter or reporters who made the record in this cause to prepare a reporter's record, and that the testimony included in the reporter's record be in question and answer form.

David D~ne Greer designates mat the following matters be included in the reporter's record: Testimony of all 'W-itnesses, heard in and outside tbe jury's presence, including 1.

quesrions and objections of counsel and the ruling and remarks of the Court thereon; 2. Voir dire of jury venire, including objections of counsel and the ruling and remarks of . the Court thereon; 3. Arguments and opening and closing statements of coun~eL including objections of counsel and the ruling and remarks of the Court thereon; 4. All matters heard outside the presence of the jury, including pre-trial, trial and post- trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the CoUI1 thereon;

"5. All bills of exception and testimony thereon, including objections of counsel, and the ruling and remarks of the Court thereon; 6. TesLimony taken during sentencing proceedings, including ru:guments and objections of counsel, and the ruling and remarks of the Court thereon; 1 Page 72 MARY HENNESSY PAGE 03/04 132/04/2!H3 0'3:35 97927701330 r }

7. All exhibits offered or introduced into evidence. WHEREFORE, PREMISES CONSIDERED~ David Duane Greer respectfully prays that

this Court grant this request, and order p(eparation of the reporter's record in Lhis case. Respectfully submitted,

MARY HENI\'IESSY

P.O. Box 2536 Bren.harn, Tt:Xlli> 77834

:1' 1 Tel: (979) 277-0757

Fax: (979) 277-00_30 By: ____ -1---~------'~--­

Mary HerUlessy State Bar No. 09472300 Attorney for David Duane Greer

CERTIFICATE OF SERViCE This is to cenify that on February 4, 2013, a true and correct copy ofthe above and foregoing document was served on the District Attorney's Office,_ Brazos County, Brazos, by facsimile transmission to Y7Y-36l-4368.

2 Page 73 ] } NO. 12-03324-CRF -272

STATE OF TEXAS § IN THE DISTRJC § vs. § § DA YID DUANE GREER § BRAZOS COUNTY, TEXAS NOTICE OF APPEAL TO THE HONORABLE .JUDGE OF SAID COURT: Now comes David Duane Greer, Defendant in the above styled and numbered cause, and give.s this written notice of appeal to the Court of Appeals of the State of Texas from the judgment of conviction and sentence herein rendered against David Duane Greer.

Respectfully submitted,

MARY HENNESSY

P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979 277-0030 By=-----~-'--------\--------.,.

Mary Henness, State Bar No. 094 72300 Attorney for David Duane Greer

CERTIFICATE OF SERVICE This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Bra.Zos, by facsimile , transmission to 979-361-4368. Page 74 I ]

NO. 12-03324-CRF -272 ] IN THE DISTRJCT C STATE OF TEXAS § § vs. § § § BRAZOS COUNTY, TEXAS DAVID DUANE GREER REQUEST FOR PREPARATION OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED TO THE CLERK AND COURT REPORTER OF SAID COURT: I Now comes David Duane Greer, Defendant in the above styled and numbered cause, and requests the court reporter or reporters who made the record in this cause to prepare a reporter's record, and that the testimony included in the reporter's record be in question and answer form.

David Duane Greer designates that the following matters be included in the reporter's record: l. Testimony of all witnesses, heard in and outside the jury's presence, including

questions and o~jections of counsel and the ruling and remarks ofthe Court thereon; 2. Voir dire of jury venire, including objections of counsel and the ruling and remarks of the Court thereon; 3. Arguments and opening and closing statements of counsel, including objections of counsel and the ruling and remarks of the Court thereon; 4. All matters heard outside the presence of the jury. including pre-trial, trial and post- trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the Court thereon;

5. All bills of exception and testimony thereon, inc! uding objections of counsel, and the ruling and remarks of the Court thereon; 6. Testimony taken during sentencing proceedings, including arguments and objections of counsel, and the ruling and remarks of the Court thereon; Page 75 1 7. All exhibits offered or introduced into evidence. WHEREFORE, PREMISES CONSIDERED, David Duane Greer respectfully prays that

this Court b>Tant this request, and order preparation of the reporter's record in this case. Respectfully submitted,

MARY HENNESSY

P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 By:·---------r~--------~~------­

Mary Hennessy State Bar No. 094 72300 ["~, I i

Attorney for David Duane Greer

CERTIFICATE OF SERVICE

This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile transmission to 979-361-4368.

2 Page 76

I

:0 ILED /J .......::.c.Joc._o'clock ~M 0

NO. 12-03324-CRF-272

FEB 1 l Z013 § STATE OF' TEXAS IN THE DISTRICT COU D § vs. § 272od JUDICIAL DISTR~~~~=~Q~ § DAVID DUANE GREER § BRAZOS COUNTY, TEXAS

WRITTEN DESIGNATION SPECIFYING

0

MATTERS FOR INCLUSION IN

CLERK'S RECORD

TO THE CLERK

OF SAID COURT: D Now comes David Duane Gi:eer. Defendant in the above styled and numbered cause, and pursuant to Rule 34.5(a)(l2) and 34:5(b), Texas Rules of Appellate Procedure, designates the following matters to be included in the Clerk's Record:

0 Complaint; 1 . 0 2. Capias; 3. Affidavit of indigency:

0 4. Correspondence and communication between Court and counsel; 5. All motions and pleadings filed by the slate or the defendant and not otherwise required to be included under Rule 34.5(a), Texas Rules of Appellate Procedure; 6. All orders issued by Court and not otherwise required to be included under Rule 34.5(a). Texas Rules of Appellate Procedure; 7. Jury pane! lists;

D

8. Jury strike lists of the state: the defendant and the Court; 9. Juror information forms;

'01 ] 0. All verdict forms submitted to the jury; ' _, 0

11. Sentence; 12. Commitment;

Page 77 1 l 13. Motion for New Trial;

14. Communications between Court and jury; ~· 15. Objections to Court's Charge and Special Requested Jury Instructions, and rulings by j the Court; 16. All exhibits admitted into evidence; 17. All defense exhibits offered into evidence but not received in evidence; 18. Those items identified in Rule 34.5( a)(l) through ( 11 ), Texas Rules of Appellate Procedure, and all other matters required by the Texas Code of Criminal Procedure, or any

:l: other law.

'.J)

Respectfully submitted, ~ ~

MARY HENNESSY

P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 By: ____ -+--ft-1---'----~...-="------­

Mary Henne y State Bar No. 09472300 Attorney for David Duane Greer

n :]

CERTIFICATE OF SERVICE This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile transmission to 979-361-4368.

2 Page 78 CRIMINAL DOCKET- CAUSE NO.l2-03324-CRF~(..'1L NAMES OF PARTIES ATTORNEYS KIND OF ACTION I DATE OF FILING

I

THE STATE OF TEXAS COMTE,KARA UNLAWFUL 07/13/12

POSSESSION

vs FIREARM BY FELON I CHARGfNG INSTRUMENT GREER, DAVID DUANE DEFENSE Indictment tfu \ (:;r CLJ DATE OF ORDERS OFlfHE COURT

ORDERS

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DENISE C.PHILLIPS, CSR

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OFFICIAL COURT REPORTER

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272ND DISTRICT COURT

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DENISE C.PHILLIPS, CSR

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DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

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DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

0 0

STATE OF TEXAS v. DAVID GREER 12-03324-CRF-272 The parties have stipulated that the Defendant in this case is one and the same David Greer that was convicted of the felony offense of Possession of Methamphetamine on the 6 ^[1]

h day of November, 1997, in Cause N uinber 13,603 in the 278 ^[111] District Court of Grimes County, Texas and that the offense date in this case, February 16, 2012, was before the fifth anniversary of the Defendant's release from supervision following his conviction of that felony.

r~ LY - n ~ .· ""< K_ / t-v0 ~, 0

David t3.Zr -- Attorney for the St9 e D 0 0

Atto ey-f~t 0 D 0

; STATE'S EXHIBIT

I~ } BRAZOS COUNTY OFFICE OF THE SHERIFF· l

VEHICLE INVENTORY REPORT

Location (({i··fer (1--H',(::_' Time Date offnvenlory Case Number .'1 - ( & I J

- A·f- ~ Ut/JI.fJ a.l:.Z : : } ' -J / / : ' "-I 7 /tf~·) Address DOB De fen dan t (last, first, m i) _,.. . (2-) ^[7] -lr.; ~::· · /)1/ v<( !) L/ il ]I <I (,::_f« i! 1--- 7171.)~.<//<. (f'i- ( Disposition of Vehicle Chargc(s)

l J Arresting Officer/Badge Number j Lf.L{-

lnvent?ry Officer/Badge Number

1 Color . Vehicle Year Mak~. 0 ; 2 j Model Body Style /JtY.-v/< 1}/v'-f_ . l2?t.·t·J-;;....e->- 2d:VC?r } Vehicle Identification Number ·License Number Year State ) I FT y R 1/.t-1/ t, z Pl! {, 0) I 7 . 'ff/ (Y /).) q

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-/' . { } Recovered Stolen Vehicle { } Abandoned Vehicle · l { } Seized Vehicle { } Prisoner Vehicle J { } Other (Specify) Vehicle Contents Rcmovec! W)lere Stored ~ Quantity, Description (brand, color, serial number) · YorN ..

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ftah tl//. ~/tt~ I !Jcl.a/7fvck".

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' l r (( ) ( I J3i'!i'<v t.~tt4.. d11 /f/ ;;..{i // j/J l J\ t-Is I I I i ( ./(/ Use reverse stde co ltst addtttolla! colltenls a11d darna 'e ' .

Vehicle Owncr's/Drivcrs Signat[Jre STATE'S EXHIBIT \(

n ·-·* ···---.-~·- ... ~ ... .__ ~. ,,-",,\·~~ . ,··•11 ...

". ,' 0- Vehicle Contents Removed Where Stored 0 Quantity Description (brand, color, serial number) Yor N 1 lft v ^[2] ftcl--e ( i)uL {"'v ,, c;/;;.;r-;..-<-7 /// _, ,{, (c .::.:·N-~ I ;:::;;./~· il1li"'_' .-1/;,. J) 0

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Use additional vehicle forms if necessary

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12 State's Exhibit No. 16

} 13 Inventory Search Policy 14 15

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17 18

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19

20 21 22 23 24 25

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT l l~

BRAZOS COUNTY OFF1CE OF THE SHERIFF J GENERAL· ORDER: 31 J DISTRIBUTION: . ALL SWORN PATROL DEPUTIES/RESERVE DEPUTIES/CRTh1illAL

INVESTIGATORS

JNVENTORY OF ALL TOWED VEHICLES /POUCY I PROCEDURE I SUBJECT: :J REPORT FORM l l PURPOSE The purpose of this directive is to provide guidelines for the inventory of vehicles.

J

ll. . POLICY It shall be the policy of this department to conduct an inventory of the contents of all

J

motor vehicles that are recovered, seized, impound~ or taken into the custody of the Department. This shall include vehicles of arrested persons which are towed from the scene of an arrest, regardless ~f where the vehicle is stored. The inventory of

J impounded motor vehiCles shall be conducted for the following purposes: ^[1] ... T!!e: ::::-c~ection of the owners property whit~ it remains in police custody;

J ; 2. The protection of the Department and it's officers against claims or disputes over lost or stolen property; and 3. The protection of officers from potential danger. <This inventory procedure may not be used as a pre-text to conduct an exploratory search for incriminating evidence:' The scope of the inventory shall be restricted to those areas of the vehicle which are acyessible to the officers without having to be forced open. Vehicle inventories shall be conducted in accordance with the procedures outlined in this directive. ·

ill. PROCEDURES

A

VEHICLE INVENTORY GUIDELINES 1. The inventory of a vehicle that has been seized> impounded, or taken in custody of the Department shall be limit~ to those locations withln the vehicle where items of value could reasonably be stored, including: a. the passenger compartment; b. under the hood; inside the tnmk, and c. d. within containers located inside the vehicle.

D D·.

VEHicLE INVENTORY REPORT B. 0

\

1. Every vehicle inventory shall be documented on a VEHICLE" · .INVENTORY REPORT FORM. G The Vehicle Inventory Report shall be attached to the appropriate 2. arrest report (if any) and forwarded to the Records Section. 0 3. All items ofvalue shall be recorded on the Vehicle Inventory Report . . r······"-.. "-··-····-=-=~..;:.;77"-=~-~--~=~,....,....---~___;~~ 4. In most cases, the property should be left inside the impounded

D

vehicle. It: however, the vehicle canpot be reasonably secured or the property is of such value that the officer does not believe it would be safe to leave it in the vehicle, the property shall be logged into the

0 ~ Property!Eviderice unit for safeke_eping. Any .property removed :froJ.Il the vehicle shall be noted onthe Vehicle Invento · -Re ort, indicatin__g . w ere ^[1] was or . ny amage to the vehicle that is noticed at the 0 time ofthe mvenrory shall also be noted on the report. 5. A Vehicle Inventory Report is required whether the vehicle contains 0

any valuable property or not. When there is no property of value to

inventozy, the offieer shall indicate ''NONE" in the appropriate· location on the form.

D

.. The siBJl#Ure of the owner or driver of-the inventoried vehicle should 6. <~>e; obtained on the Vehi.clelnventory Report, when practicable. The 0

signature of the driver of the wrecker towing the vehicle. shall be

obtained.

0 DISCOVERY OF EVIDENCE :U: in the course of a vehicle inventory> the officer discovers an item 1. 0

that constitutes. contraband or evidence connected to the commission

of a criminal offense, the officer shall seize the evidence and _process

- 2. it according to the established procedures of this Department. 0

The· discovery of contraband or evidentiary items during a vehicle

inventory may provide probable cause to believe that inaccessible

0 portions of the v~cJe'may contain additional contraband or evidence. _ . If sq,_ a ~~!i .. ~t ~b?.JI be Qbtained to search those portions of the vehicle ·'Yhich would not ordinarily be subject to inventozy. 0 3. When contraband or evidentiary items are discovered, the vehicle inventory shall be completed whether a search warrant is obtained to 0 ' ,. search inaccessible portions of the vehicle or not. . . ~ . •,

D 0 l 20 l

1

2

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5

6 J

7

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8

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11

State's Exhibit No .. 17 12

~ .J Judgment and Sentence 13

14 J 1.5 J 16 17

J

18 19 J 20

J

21 22 23

~ \ 24 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT - ~ ·-.:.• . ..... .\ . . . 'p

NO.l3,603 IN THE 278th JUDICIAL THE STATE OF TEXAS X v.

X

DISTRICT COURT OF X GRIMES COUNTY, TEXAS DAVID GREER JUDGEMENf ON VERDICT OF GUILTY BY IDRY PUNIS~ FIX;ED BY JURY

NO PROBATION GRANTED

DATE OF JUDGEMENT: NOV 6, 1997 JUDGE PRESIDING: JERRY SANDEL ATTORNEY FOR ATTORNEY FOR

THE STATE: KELLY WEEKS

THE DEFENDANT: BRENT CAHILL OFFENSE CONVICTED OF: POSSESSION OF METilAMPHETAMINE 4-200 GRAMS

HABI1UAL DEGREE: FIRST (25-99) DATE OF OFFENSE: 10-5-SJi9S ~ CHARGING -INSTRUMENT: INDICTMENr PLEA: NOT GUILTY

VERDICT: GUILTY

PLEA TO ENHANCEMENr: TRUE

FINDING: TRUE

PUNISHMENT ASSESSED BY: IDRY COSTS: $159.50 DATE SENTENCE IMPOSED: 11~97 PUNISHMENT AND PLACE OF CONFINEMENT: FORTY (40) YEARS CONFINEMENT IN

TDCJ-ID

DATE TO COMMEN"CE: 11-6-97

TIME CREDITED: 3 DAYS · RES1TIUI10N: $140.00 TO TEXAS

DEPARlMENTOFPUBUC SAFETY

CONCURRENT UNLESS OTHERWISE SPECIFIED:

STATE'S

'] EXHIBIT

0

0

... '•' 0

.-

On the 3RD dey ofNOVEMBER. 1997 the above named and numbered cause was called for trial The parties appeared as fullows: the State ofTexas by her Assistant DiStrict Attorney and the 0 l Def!:ndant, I?.AVJI:> G~ m~..!l.~~con~~J3-~-~ Both parties announced ready for trial The Defundant, having requested ajury ~-ell1e.red a plea of not guilty to the offense ofPOSSESSION OF METIIAMPHETAMINE 4-200 .GRAMS, a felony committed on the 5TH day of OCTOBER, 1995 as charged in the indictment. herein;_. thereupon; a jwy, to-wit: STEVEN KEATING, . mxi eleven others, having been duly selected, impaneled, and sworn, who having heard

0 the indictment read, and the Defendant's plea thereto, and havirig heard the eVidence submitted, and having been duly dwged by the Court, retired in the charge of the proper officer to consider their verdict. and afterwards were brought into open court by the proper officer, the Defendant and his

;~ counsel being present and in due form of law returned into open court the following verdict, which 0 was received by the court. and is here and now entered on the minutes of the court. to-wit: "We, the jwy, find the defendant, DA V1D GREER, guilty of POSSESSION OF

METIIAMPHET AMINE

4-200 GRAMS."

0 /S/ STEYEN KEATING FOREMAN OF THE JURY

.. o::: Thereupon, the Def\.'1ldant having elected to have his punishment. assessed by a jwy, and such jury was called back into the box and heard evidence relative to the question of punishment and thereafter retired in the charge of the proper officer to consider their verdict, and afterwards were brought into open court by the proper officer, tlie Defendant and his counsel being present, and in

0

due form of law returned the following verdict:

We, thejwy, having found the defendant, David Greer, guilty ofthe offense .. of Possession of Methamphetamine 4- 200 grams further find that the allegations in D Paragraph II of the indictment with respect to the defendant being the same person who had been convicted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the I 8th day of April, I 984 and priorto the commission of the offense ofPossession ofMethamphctaminc 4 - 200

0 grams, for which defendant has been convicted in this case is "True". Furthermore, we find that the allegations in Paragraph Ill ofthc indictment with respect to the defendant being the same person who had been convicted of Theft $750.00 - $20,000.00 in cause number 17,175-85 in the 85th Judicial District Court of Brazos

o:

County, Texas on the lOth day of June, 1987 after the defendant's .conviction for

Burglary of a Habitation mentioned above was final prior to the conunission of the offense of Possession ofMetharnphetamine 4- 200 grams for which the dcli:ndant has been convicted in this case is "True". We assess defendant's punishment at confinement in the Texas Department of<:;rimina! Justice -lnstilutional Division for

0 a term ofFORTY (40) years. IS! STEVEN KEATING

FOREMAN

OF THE JURY Vol 32.. Pgd::b

0.,

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..... ·~a 0 It is therefore ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant, DAVID GREER, is GUILTY of the offense ofPOSSESSION OF . METIIAMPHET AMINE 4 - ^[200] GRAMS and said Defendant committed the offense on the sm

0 day of OCTOBER, 1995, and further that the allegations in Paragraph II ofthe indictment with respect to the defendant being the same person who had been conViCted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the-18~ day of April, 1984 and prior to the commiSsion of the offense of Possession of

0 Methamphetamine 4 - 200 grams.,· for which defendant has been convicted in this case is "True". Furthermore, we find that the allegations in Paragraph m Ofthe inqictment with respect to the defendant being the same person who.had been convicted ofTheft $750.00- S2o;ooo.oo in cause number 17,175-85 in the 8:Sth Judicial District Court ofBrazos.County, Texas on the lOth day of

D

June. 1987 after the defendant's conviction for Burglary of a Habitation mentiOned al?ove was final prior to the commission of the offense of· PoSsession ofMethamphetamiile 4 • 200 grams for which the defendant has been convicted in this case is "True": Piuiishment has been set at confinement in the Institutional Division of the Texas Department of Criminal JuStice fur a period

0 of FORTY (40) YEARS. The Defendant, being asked by the Court if sufficient legal reason existed why the sentence of this Court shoUld not be pronounced, failed to give such rea5on, whereupon the Court 0 proceeded in the presence of said Defeixlantand his Attorney to pronounce sentence. It is the order of this Court that the Defendant, DAVID GREER, who has been adjudged GUILTY of the offense ofPOSSESSION OF METHAMPHETAMINE 4-200 GRAMS, be, and 0 is hereby, sentenced to confinement in the Institutional Division of the Texas Depa.rtJrielit of Criminal Justice for FORTY ( 40) YEARS and that the Defendant be immediately taken by the Sheriff of GRIMES County, Texas and by him safely conveyed-and delivered to the Institutional Division of the Texas Department of Criminal Justice there to be coD.fined in the manner and for

D the term aforesaid. The Defendant is remanded to the custody of the GRIMES County Sheriffuntil the Sheriff can obey the directions of this senteocc:. 0

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APPEAL: __ ~~~-·----- 0

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Vol 22z.. Pg J..-:3.':2.

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N0.13,603

THE STATE OF TEXAS X IN TIIE DISTRICf COURT OF vs.

X GRIMES COUNlY, TEXAS X DAVID GREER 278TII DISTRICf COURT CHARGE OF THE COURI

LADIES AND GENTLEMEN OF THE JURY:

The defendant, DA VII> GREER, stands . charged by. indictment with the offense of o~. i intentionally and knowingly possessing, with intent to deliver, a controlled substance, namely " methamphetamine, in an amount of at least 4 grams but less than 200 grams, by aggregate weight, including adulterants and dilutants, alleged to have been committed on or about· the 5th day of October, 1995 in Grimes County, Texas. The dc;fendant has pleaded not guilty.

I.

Our law provides that a person commits an offense if he intentionally or knowingly possesses, with intent to deliver, a controlled substance. Methamphetamine is a controlled substance. You arc instructed that by the term "possession", as used herein, is meant the actual care,

custody, control, or management of the controlled substance at the time in question . . A person commits an offense only if he voluntarily engages in conduct, including an act, an : o!I)ission; ~- p~ssession. With ~csp:ect to the "possession" charged, you are instructed that such possession is a volun~ i<;l ifthc·_;>Ossessor knowingly obtains or receives the thing possessed or is aware of his contro~-.of the-thing:for a sufficient time to terminate his control. Such possession need not be

Vol M Pg66<Z

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0 25 DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

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272ND DISTRICT COURT

0 0 n--.

AFFIDAVIT 0

THE STATE OF TEXAS

COUNTY OF WALKER ::>

B "My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this aftidavit, and personally acquainted with the facts herein stated. [l

I am employed as the Chairman of Classification and Records for the Texas Department of Criminal

Justice- Correctional Institutions Division, and my office is located in Huntsville, Texas. I clo hereby certify that the attached information provided on inmate GREER, DAVE

0 TDCJ/BPP# 454082 ,cause# 1717585, are true and correct copies of the original records now on file in my office maintained in the regular course of business within the <:;:lassification and Records Onice of the Texas Department ofCI·iminal Justice- Correctional Institutions Division.

0 In witness whereof, I have hereto set my hand this the 4th day of September 2012. 0

/

... , .... ; : .. : ....... t_. (J __ t_. __ ,(- nh (_~) Kelly Enloe, 0

Chairman

Classification and Records

0 0 0

' The director shall certify under the seal of the CorTectionallnstitutions Division the documents received 0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under this subsection is sel [-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal Evidence.

0 Article 42.09, Subsection 8(b), as amended by S. B. I 067, Acts 1993, 73d leg. 0

(Rev.l2/02)

0

0

STATE'S

a~; EXHIBIT IC6 ...

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·.o F l•L?. D I Al&:..!:Wit'doel~ .. NO. 17 I 175-8~ ... ·:

JUN 101987

.J11l)QSDrT 011 PUA Of Ctllt.TY 01. ltOLO ~U UPOU COUJ:T ll.UVEt or JtJU nUL Ju.q. P-rodd1q: !f.t. fKP<wtldc.. Jc, Dete of JUd(!!Utl AttG(Coe7 .Utot"MJ for Deftnd•nt: John fucball 1,_ Sftees .}•Uny ~· Ctuy on...-

O.U OffeAH ~tttc.d: o,etober 12, 1996

] fo • .l ~t !lf ~•tttut1?!fl8p«rr:!oal

J J

/i

... '\. CF C..'UILTY

0- JUN! 01987 7H!: STAtt OP' Ti.::U.S =?wl~Nni-Sa?.Y.IffiJ>F IN r. -~~.' 'JS 0 eSTif .Jt.rtiCIAL OIS1.RICT fJ Th.e !)et(l!l~nt l~vln9 been indi-:~eod in t~ ~l:>ove entl.tlod· and ·own and bored c••1ae for tha !olor.y of!enao of tbdt S7.}Q··S2D,ooo 0 •.h.~a e.tuae b~.-l'l'J thia da~.e called f?r trial. the 5tA:te ap~ared by its 0 appo•re-::.1 in and the O.far.dA.nt. __ o~~:.::!:.::f:.:;;ll:....--------~------ per a.o n an<! by oo ur"lol . _ _.xJ_..@~n.._.P_,!Ia.:!z..-a.lr h....,e .... l_,.l~-----------. And both ~rtloa 4~nou~c~ roody for ~rlal. The &ofandant, havin9 waived th~ r1'J}'.t ot u·1al b-Y )ury l.n p.erG.Ol\ an<! ^[111] wr1t1nq 1n open Court ( .. ueh wa1vcu bo1n1'J v1t. the conHnt a.rtd Approval o! tb-e Court and ~ entered o~ record

0 on t~ :ur.·.n.o• a~ t.h• Court, an<! aueh waiver b4a1nq with tt-...e writ ton conactnt .ot.n.d oppn>val oi t.be A.auatant/01Gtrict Attor~y and filed ill the. pap.trD ot thlll c:a.ee) •. '-'&~ a.rr.ta1~~ .otn-:1. 1n opon Court, plo:-ad CJUtlty to t~o

0 e•har~ oont.oineod 111 t~ 1rxilct-nt. Thereupon, the De.fondant waa adl:lor.lah~r! tty tho Co..~~t of tho rG..-.q-o ~t pU111elu!>ont attachc.d to the ottonae and ot

0 0 1n ontortr-.q tho ple.a1 ·tho Court tnqu-lrod 1t there waa a ploo. a9roe~:oent

t>.t tw.o-en • ._. Stat• Q.nd tl\.e Dcfo"<iant. Tho Court into~ th11 O.te.ndant 0 would :>. ~:.--n1tt~ to •1thd.uov hl• p!~a .tl'nd chat any a~o.telD'tnt made by th(' t>o!e~r.t H ti">a he<Jr~~ w-oul-:1 •l-Ot t>. adai•ribl~ A<i•1r.at the O.!endant

0 rx-r '*'Ould tho tact t..'~~t t.~e D<tfqn·.~·'·r.t 41'ntared a plea ot guilty or nolo contendere b-o ld:tl11Uiblo a1.ain1t ~,1101 in :any aub-'l~uent cri~in .. l proceeding; And ! t plainly a~arinq t.o th-o Co•!rt. tta-t th~ C.fer.>~nt· vo.11 mentally

0 co=petent at\<2 that th,; plea w~a !reelr a·'d -viJlUl\tat'ily 4nt:orad, ar.d the D1t!'~·~.nt h.avl:lq con~•nted in ..,.rit1nq, in c:p.tn court:, to va1ve the

0 OP93Arance. con!rontation. ar.d croaa-exa4!nation of v1tn•~••• and h3vin~ con&urnt~ to th-o atipula tior. ot evidence •nd to th• intr~uetlcn o!

0 t~at:~ny by a!t1d4v1ta, •ritten sto.t~nta of witneaaea, and any other ~OCW>Ctnt:~:-y ev1denc~t. a.r.d auch waiver and c:oniSent having been approved

0

0

0

D - JURY WhiVED - PENI~~y ~0/0R rrNc 0

·,·

.,

~'-'! the Court in wri tin<; and filed in th'! p4pera of thia ~··~•~, the plea -,( tlwt Oe!etld.&nt vaa receiv.d. &n.;i 1• ~:t• ~ otntered of record upon the

0 ~'~utaa. Tbe Court furtber taforz44 ~ Deftndaftt that if the Court did '"·t ax~ ~ plea r~nd&tion aad4 by the &tate. and •9r.,ed to by

0 tll<t C.feadant, the IM!eft4&nt '-'Oul4 not. be alloweG to "PP4d vahout •·:qJreaa appron.l by tM Court ·~t ft!r thoH .at:ters raiaod by written

·tin!) tiled prior to t.rial. 11\e COurt, he&rin9 the indt:::t~nt, thtt 0 :n~l. to'IID4 the l)f!f.sod:ti\t gutlt:y o! t:!M ottenae •• c:harqed p; the 0 : .. 4u:U~e~Dt ~U t7SG-J20.oOO .~.,..,,! ~~~nuod ... ~~~t at coati~t in tlwr filula OepartJMnt of Corrc.-.:t .ona 0 r • uma or un "' -;·-ted b)' tM ~. u M' ll ~ coeqzoa.co, ~. IINUPCOC UO Ot.eJtz:r:O n;• '•.~:.• C"urt \b_-&t 1750-UQ• ooo __ . __ _ t ~.u tbe O.feod4&at 1a ptley ot tM otfe-ftM of . , cbar~ 1a t.be la41~t. • t•l~y. aDd ~t the O.feftdant co~J~~~~ : ~o ott~ oa Ad t · u .• U ..H.-• and that ·tM Odendant "·: :--111Md by ooefi...._.t 1• ?;be 'hua OGptart:aaa·t of COrfe-ction• for .a

.·r-A ot un ttl ~ AM t.hat the St:Ot.e c-t 'feQa 6o luv«7 •r·d 0 co.,.,. ot ~ Def..,._t all ooeu C'f tJ\4 p~.cution, tor .which ex.,cut 1on ' j ~ l l ........ 0 ~&'~ tM Del~t ••• au.d by t.be Court whether bo had anyth1n9 to -Y "*'1 .-teaco a:bocal4 not be prooo~ aga1Mt bU!, a.n4 ho .1na~o-cr«d 0 r.<>thl"f l~ b4ll' t.huHOt. tlhereupoA the OXU't p~, ita the presence ·, ~ tM O.twn4Ant, to ~ ae.no~ &9&1nat the Dofenodant aa .t'ollolofa, • : t h ~ order ot ~ ~t thAt the Defeft4ant. DAYI gam

0 • who "-8 bHQ a4j~ to be tuUtr ot the oftcnn 0 :c:- a tena ot Uu,.{...,.,.l _____ year~ be delivered by the !:".c:rUf of ara~roe COaaty, ~. 1...-diatc~ly to the Dir.ctor of Corr.ct..i.ona, 0 .:;r otMr per.OQ l~lly aathoriz.-4 to re<:ei.,. auc:b c:onvicta, an~S that tM :vnd&nt ahall be confined 1n the De~rta9nt of Corroctiona for a term of 0 tl•t ljl_ _______ year• in accor~nee with the p~iaiona of the law 0

0

0

0 ·~t_ - JURY WAIVED - ~£NIT~~~ ANO/OR FINE . . ~· d-efendant vas rem.llnded. t.o jeil un;il tho Sl'lorit! can obey 0 th• direoct1onl! of thia aer.t~•lCC. ' on h!..s 118ntence for the timC?·· '!he deten.:iant r~hal:!. rtt<:eive crr..-dit ~:-:,e. IJ(). 10'1;; j-ft)-~ n\.UIIborcd cause from 11. .. /2 ·14;z . ~nt in )a~l 1n the ~bo~ atylod and

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for a total of LiE - ,;1.1)- " ' to __ 1#0 da.ya cr~!t. Tho Sho~tr1t! of Br•zoa 'County, <rexaa, 0

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~~~~--~u~·~~~-----------~From, _____ ~ ____ oo_·_. ________ __ 0 -./ SGNilla ___ 5yrs __ • _______ S..ltef.ce &egma ..---3-_l_o-a7 ___________ _ Rslumed J!_ lllml lR EIIIIUai 00. liB' ~. ltllf AS 408765 IS a::JC. 0 . , ArceurrJ:l2-87 Ago 20-eEi

,_... lla:Ml Eyee Brownlieight 5-9 Weight _166 __ D 12- 22 "-66 ~ian Jl1r:1dy Dale of Bitth Pface of Bitth Br.ll%os ():) TJc RoJittenc:o lltyaD 'rX Nationafity ___ ~_- ___________ _

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DENISE C.PHILLIPS, CSR Q OFFICIAL COURT REPORTER

272ND DISTRICT COURT

0 n

.. ("l ll· _J·'· AFFIDAVIT D THE STATE OF TEXAS ^[3]

COUNTY OF WALKER

^[3]

B

"My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated.

D

I am employed as the Chairman of Classification and Records for the Texas Department of Criminal Justice- Correctional Jnstihttions Division, and my office is located in Huntsville, Texas. I do hereby certify that the attached information provided on inmate GREER DAVE

0 TDCJ/BPP# 408765 ,cause# 15269, 15341, are true and con·ect copies of the original records now on file in my office maintained in the regular course of business within. the Classification and Records Office of the Texas Department of Criminal Justice- Correctional Institutions Division.

0 In witness whereof, I have heret0 set my hand this the 4th day of September 2012. 0

nh

Kelly Enloe, 0

Chairman

Classification and Records

D D 0

The cl irector shall certify under the seal of' the Correctional Institutions Division the documents received 0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under this subsection is self-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal Evidence.

D

Article 42.09, Subsection 8(b), as amended by S. B. I 067, Acts 1993, 73d leg. 0

(Rev.l2/02)

0 0 m

STATE'S

"' Ill

EXHIBIT

~

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0

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_j ~ ., D I tlO. 15,269 IN 'l'llt:: 'mE :;TATE UF TEXI'.S I } ·:ell, .J

DRI\ZOS

vs. ~5TH/~ JUD!CII\L DISTRICT

DA"E

GREER -o :_'1_1! O_G_M_F._~:_T_r._:_· 71:: !!_. f'_i,_F_r~_n_R! N G_• _1\_D;;..l_::Uc.=D:..:I:...:C:...;f,:.:.• 'l'.:...::.I.;:0_} ^[1] The defen~ant havln~ ~~~n 1n11cte~ in the above ncmbcred and entitled --'0-=-'-------- . cau5e for the felon] offP.nsc of___ But:'tlarv of a Habitation D ==_.:..;;::..;, ______ _ ancl this cau~e bcin~ called for trint on ---~-u_,g:..u_s_. _t_2_2 ______ , 19 ~-4-, th~ 3tatc arpcnrcct by its /\n~JnLnnt/01otr1ct 1\ttornc~, J. o. Langley

0 - - - - - - - - - - ' ana the Cefendant , ___ n_a_v_e_ Greer - - - ' a ppe ;, red in person 'ltld by <::au nse 1, _____ T_r_a_v_i_s __ B_._B_r.:.y_a_n_:_,_I_. r_r ______ , .;_ nd 0 ~, th oa _ ~ ^[1] e ~ anno~ncer.! r~·<ldy fo1· I. rt nl. The d•J fend an~, ha v 1.-11. wal vcd the :-io:l--t of tr!al by Jury 1:1 pcr:;on ""d· in wr1tini_~ 1n open court (::uch wa!vcr br\~~ witl1 the conncrL ~nd ~rrro~al of the Court nn~ now entered

0 of record on the minutes of the Court, and such ~aiver being wit~ the written consent anJ apprcvnl nf the D13trict AtL~r,cv u~d filed in th~

D ;: .pers or this case), wa::; arrni.;n!!:l ar.d, ln op.~n court, plead guilt;! to the char~e Lonta1ncd in the indlcLmcnt. Thereupon, L~c dcrcnda •t wa:; .1dmonif>h::?d by t.h~ Court ·)f t.hr. r;:~nr.c of puni:;hrncnt .:Jtt.;c:hr.·J to t~hc orrcn:;c

0

0

in ~rtering the plea. It further aprParcd to t~c Court that the defendant was mentally CO"'PC~~nt and t:ll~!. the }"llC'l w;:~;; vo:untarll.v cn~;;rccJ. The ~efrnd~nt then can~cntcd In writinG in open Court to w~iv~ the ;Jppccrancc,

0 r:onf:-ont,:ti-:ln il!"ld cross-~x;:-ni niJ~.l.o•\ of witn<:?sr.e:-. ar.d C(,nsente<l l.l the The State then introduced f'Vioence .;11bsta:1t i~:t.j nr~ t.hr. clt'fr.nrl:lnt ':; ·1"".1111! .. flrt. 112.12 Sec. 3cJ. r·,rt.h-;r .-0"'~·1 that the hcr.t interest. oi society c.nd

[] ~hr. d~fcndnnt would ~e served hy dcrc:rrin~ further ~roccr.din~:;. There- ' r.1cn e>f !:h,. t!::"f~:ld:lnt. ~n p:"ohnt.ion for _.l_~.!LJ..!..Ql __ year5. 0 4th . 0:1 of --·------!"::~b<;!r. ______ , 19_~-~--- th~? State f\lc:d <1 ~~c-tl-:-n to p:-or;cc:-!.J".n r~nill :l<IJ udication in this case. 0 0 (· of

' .. , ''l,~llr.'!'lltfl D ~ I D

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' l D I tl:l)' nr t<ov.cml':'·er .: tn , J!'~, the I fln t hi~ t he D•:Ccntlant ;.~ppc:al'Cu jn open Cot:r: with his ;,ttorncy, Travif!~~ Bryan, I'II l who wcs illso i>t"Cscrot ond the Stntc .:~ppc;ll'Otl rcpros·cntc< 1. This Laurie A. -Hubbell by its Assist~~t/Di5trict ~ttorncy, C•)llt"t, ;J(tcr hovinl! hc:.r-:l the State's H'ltion to Atljudicutc .und hcurinl:

D

cvidcn~o o!fcr~ri by ~oth p3rtics, is of the opinion and finds that the DcfcnJ~nt violiltcrl the conditions of ~robaticn imposed upon him ilS follows,

D D

In that tho da!ondont, DAV~ GR~ER, on Janu~ry· 2~, 1985, did then a~d there i; ^[1] Brazos Co'-lnty, Taxa!>, in!.cntion-~lly und knowingly enter the llcll.day., Inn in Coll~ga StAtion, ~ithout th~ con~cnt o( the owner ~nd waa there-ore arre5tod !6~ criminol tres~o~s:

D

In that. the tlefend~Snt, ~'>Vt: GP.r:En. on November 14, 1~84, and Febt:u'ary 27, 19e5, did lhen and thcr~ iro~cst an ill~gal substance, tc-wit: ma~ij~anu; In that the def~ndant, DAV[ G~~~R. en April 4, 1985, ~ay 22, 19~S,·June 5, ..,nd Au<J\!St 21. l'JB!:I. d::l i·h·.~;'l .H>cl th"!t·c ur.;e a con~.: .. \lcd !;ubstdnce, 1?;95 . to-w1t: methAmphetnrnin~~: In that the cle!enc.1nt., or,vr: GR~E!l, on July 9, 190':., did then and there use a controlled substance, to-wit: rHet.h.Yr.•phet<1mines:

D

In that, th~ dc!,.:1dl!int DJ\Vl: c.nsr:n, un Septerr.t;:_or 3, 1985, did th•· .. ,•r.d ther~ acl,.it to his probation o!'!icer, Gloria r!cGo~:en, th·~-1: he, the se~id do!~nd~nt, had been aasociatinry with harmful and clisreput~blc character~; !n ~hat tho dGfendant, CA~E GREER, has failed to m~intain suitable'and

0

stable employment:

ln that the deftttH.lant, 0.\V!: crt:ER, on llovc"'bcr 14, 1984, and June s, 1985, did then and there admit to his probation officer, Glorio :lcGow~n, tlil!"1:. ha, the saitl .. defendant, hi!d left Br"·azoo County, Ttn{a~e, \~i':hout the

D written consent o! the Court; In thllt the de!endJJnt, 01\.Vl: GPEEI1, faii'ed to p<1y probation fc":s f.or the month:~ of .:· .. ::-:..:, .7<:!y, .1\U'J\l:.:t, Scpt~l~bcr, 11nc:.J October of 1985;

0 In thllt the dercndant., OAVC ~R~EP., !ailed to k~ep his curfew on October 31, 1994, and August 7, 1905: ancL ln that tho defendl!nt, OAV~ GRCER,

failed to part.icipate in drug abuGe D counseling .. \ D D 0 0 D

.. ~ 0 J 1-. J

The Coul"t, hearing th'l Defcndont'3 pleo. ther,~to, the ;JVide,l~O submitted, (J:'Id the OITf,'J"'cnts of counsel, found the Defend:.nt i:Uilty of the offcn3e of

J

a~ ch~rged in the i~dictment Bur]lary of o Habitation _,nd .1ss-:-s~crl the puni ~h~cnt :n: confiner.•en\: in t'tc Texas Department of

J

f i·;e !·5) C:orrcc! tons for ;) tcr~ o( yc:~rs. :T IS fll[REFOP~ CONS!DERE), ~RDERfD, ADJUDGED AND_DECR~ED by the Court til.:Jt the Dcfcr.uar.t <:O"-"'Lttc<l the offense on ----December ^[28]

J

!~_a]__ • .JnJ th:Jt the· Dcfcnd:tnt ll-:: puni!\hed br confinement in the Tcxns years anu that the ilcp:..rtmcnt of Correct ior:s for a term of l'lve (5)

~ ) St-•tc or' lc-~:~.> tlo h.:Jn.· .1ntl recover of the D<:fcndont all cost~ o!' the ~ rc-"';;,..;eJ tc ;:Jii to ~ .. ·.•it chc further o:-dcrs of the ·_ourt. !he flcfend:~nt sho:l rct:CI\'e crctlit on his sentence tor the time srcnt day :n ;;;il in 1'11: .,bove "t)dec.l ,nJ numbered c;~usc from the lf:>th ~ • J J_£ , to the __ 1..!!_~}! ___ u.Jy o{ of days _,_,lj)j,j.O,ui;J;' 4ut-'>'--' - - - - - - - - , l ~-_-_k:::_ , f ^[0] T t 0 I ,1 ^{[1] [0]} ( ;) ] go;- -h.,. TJ,o;; fr; t.:;, 3'-11 '" (}_ • .._ .-f; ,19<(S, ~ •·•ADD!T!OSAL CRf:D!T .'-.'9-5.;. TO .!.-18-8~ 85IH __ Judicial District firazos County, Tcxa~ ~ SOTICE Of APPEAL W~S ~0~ PERFECTED. ~ I ... I I ,··. I / I.. ,_.I. • . . • . ..... D. BLlRLEY, DJST!IifTC1::1:py--- EH/·.ZOS COV~:'i', BR't"1~:, T:·;.:,-,s

~ BY: .. , . -: . i:. ·.·' \ ·; ...

~

'

TilE 5ThTE Or TJ::JUIS !N Till-: 85th -·--·- 0 ORDCR Rt:VOK l HC:: On ·the: lBt.h d~y of ~r i1 . , 1? S4 , t ,· ~· ~ ·, -' . , - , .· d_u,!_Y and lcrqdly c::onviclct.l-(nrlc o[ (cnac or 8~.1~!-.~ d on _·:_. in U><: ..;l>ov~ cntlll~d;.o.!:"l """''l.iC-r:cJ c.su•c nnpp_~.~nfi'limcttt 0 .... u i•.oaa.ed oE ~ ^[0] (lO) . . Y,?.~.'i\!.1.~ c~n(ii\OIIOCnt in tho :lToxoa Dol..:v-t...:nt. ot Cora:ee~onal' ll'X~~ nnd thn {"'f>O.,_ltion ot tho aont.otk:O - • auapcri:d<ctJ durl"'.' Ll..:: <,l00<1.'i>cl'i'aV:h>t: nr thu ,r~t'onl'tnnt: .ond tho 6oCoMant ..,.,. placed on l"roh.~tion ~or a porlo.l nr __ _!!;!_{!~- ycnr~t/ mno..

0 lOth "'"'Y of • 1? · 85 • ttu: Stoto tiled o On the ~to!;>:er PtOtion to POvoke th<: prol:><aticii1fj'rontcd t.'fl()Ocrcndliilt-.- On thia 4th day o! No:ver:m.r • 1? app<Uirod l.r1 opon Court in pcr.aon, :lua··aEEor.ney. _,._-..:_-;..f,'£:I:!::. .. {'.._'r'-::;..,;;~~;;,;,_.:r;i:-.:== ai»<> boinq pr:.tMnt and. the Slotc op~·ar.cid llY her . . . . . IM tho Covrt, after Mvinq hc.:ard a~ eonaidor"d t~. to' a . to vr-~tion .. nd heerin9 the c~·id<m<:o otCcrcd by both tho Stotc ond' tho 1>0 . t,o Court La ot t~ opinlc:m "'"d rind• Aa D r.'ict t;hl!t: lho uarcndont violated

0 t~ tcrfiiJI ~Nd e<>n4n:to":o or htli prnb.1tion .~,. follow:-~, In wit:: l.n that the detend4nt, DAVE GRr.r~. <'Jn Janua::y 2.7, 1985., did then and there in Brazoa County, Te.luas. intent'io.ndly and knovin9lY enter thfit Holiday Inn 1ri COll~tq• Station, vithout the ci>n-n~ .of tho owner and waa ~herotoro

0 arrested for erlain4l troapeas1 In tMt the defendant, MY£ _CRZ:ER, on Hovembor 14, 1984, and Pebru'ary 27, 198~, did t.ho.n and thero inqoD\: An illoqal IIUblltAnca, to-witl mari1.uanaJ

0 ln that t.ho defond4nt, OAV&. Cltl:Y.R, On April 4, .1985., K«y 22, 1965, June 5, 19$5, and ~t 21, 1-915, did then a~ thoro use a controlled aubatanco, to-itJ -~tuaines:

0 ln that the defendant. DAVE GREER, on July 9, 1985, did thon and there u.a4l • oontrollod •ubat.n<:o, to-wit' lll~thar:tphcttnminoa; lD tn.t. tbe do!t~nd&nt OAVl: GREER, on Sopte!!U>ctr 3, 1985., did then and tlMra ~t to his prob-ation otricer, Gloria McGowen, that ho, tho said

0 dofend&nt, had boon aaaociatinq vith hartlt'ul and disreputable characterlf 1 In that tho defendant, DAVE GREER. h.u !~tile-d to maintilin auit~ble ;and atablo eftPloy=ontl

0 In \:Mt the doteod.ant, "».VE GREER, on lk>vembctr H, 1984, and June 5 1'_15, did then and there ~•it to hia probation officer, Gloria t~en ~ M, tM ~id d•f•ndant. had left Bra:z:oa county. Texaa, \fithout tn~' vritt.en cons.an~: l"lf the Court; ·

u In that the defendant, DAVE GREER, failed to p~y prob~t1on tees for the aontha of Jun•, .July, Au<JU•t, Sept~U:ber, 4nd Oct<>ber of 1985; ln tMt the de.fend«nt, DAVE GREER, failed to keep his cur.few on Octo~r 31, 1984, and Augu•t 7, 1985; and,

0 In that the defendant, DAVE GREER failed to participate in drrtn 4buae counsel inq. ' -.,

0 . - 0 0 0 0

IT IS THEREFORE ORD~RED, ~DJUOGEO ~NO DECREED by the Court, that the order suspending the i!llpOsition of the sen~cnce ~ and pl·a.cinq the Dc fen<hnt on probation, heretofore entere-d in th1s so~ud cause be, and the same ia hereby re¥Oked.

The Court further finds th.:lt the best lnterest of society and the D<tfendant wi.ll b4! aerved by h•pri.••:mi'\Cint in 'the (Texa.a Ooparl;.n,tent of. Cor r~tions) :OUX"'fXUMKqU¥1l.l and tt\urc!ore th': (llllt'li~~!XP'V'~)t~Y.XJ'"dlA'h:t­ UX (redu.c.-d ~iti~~t;;!)-~5.(~.,) ·teac-e/dl!,J:C in the (Tex.s ~pa_rtment of Corrctetionel (Q~~.:..s. .... ,...,by ordered to b4 aerved.

-'t.h day ot O:C THIS the November , ^[19] 85 , the State appeared by·her Aaaiat~iatrict ~Etornoy, and tho Def•naonr-appeared in open Court in p<~rson, his attorney als.o beT."'g ·present, .fOr the purpoae of h.avin~ aentenC<~~ pronounced in accordance with the judgJMrn.t heroin renderllild and thereupon the said defendant waa asked by the Court ~hather the D•fendant had any legal rea.an to say ~y aent.,nco should not bit pronouhced1 and the Defendant an~red nothing in b~r thereo!, ~ereupon the Court proceeded, in tho prCll¢nco Of th1J Dofen<J~nt, to pronounce SCntcncc:t All follows:

] --~• dolivorod by the Sherif! o.f Br~%oe County, Texaa, to the warden Of the Toxaa ~~rt.-nt of Corroctiona,_ or .other piir11ona htqally authorized t.o receiv. auch convict•. and t.hat aaid .Oofo.ndant. eh~ll:l be confined in aaid Texu O.~rt-nt of Corro<:.tiona for ~~~-xKMX~ ~~~~~~~~~~~~[ ~Y~o~~~ct.Y~~!~, · in acc·ordancc ;;;nh ·the lawa

lt ia further Ordered, ~djudgod and Decreed by the Court that tho l)ofttndant Ph.all p.ay r1ntitution or reparation in the a~unt of $ p.ayabl~ to th-e llra-zoa County Mult Probation Oepartii'>Ont !or the ~E>e=n~e="lf~"'i~t:::-­ , tho victi~ ot ~ha prisionera cri~e, of •• a cc~1t1on ol hu; parole 1.n accvrd(lnc!! with Art. 42 •. 12 Sec. 15 (q).

Th« Defendant zhall rocoivoe credit on his sentence for the ti111e l~nt l.•; ~a11 in the abovcr Atylod and numbered cauae !r0111 the lfith day of , ^[19] _£__• to the 18th day of JaXUA.JtT '·'n"nr 19, !4 , tor ~ total of days credit_,.....,...., ...... ""y _____ _ ,,. -r; v--... C•"''1'i.:l:..........A \ ... ;.h.,_ c--.-...p -tl:. \.;'\1-l.' _,..., 'l~-f-1.. T);sr-,.,·c.-1 Si.Qned thi11 =r~._ d11y of b!, (jv-L ....... ~, 19 C........,..t- .f "t,.AZ..u Co-h I

"Tt+'t.s:

BSTH

jUDICI~L DISTRICT BRAZOS COUNTY, TEXAS ~~OT!C:E or ;,i'PEA.L :o.·;..s )-;CJT Pt:P.Ft:Cn;o. it..Ll r;.~ ,;: , w. o. Bl!RU:?,· bt:1RY:i:'f CLERk

B~ZOS

COUNTY, PRYMI,. TEXAS BY. - '

I

.··,";' .. (·~:./ \ DEPUTY ·• · 0 D O

ct.ASSIFICATIOH - - - - - - - - - - - - 0

REFEREHCE - - - - - - ' - - - - - - - - -

0 0 0 0 0 0

' . ... ~ .. • \ ... .;r .. ,· · ... ;. .....

0 -· ft~ ~ 0 0 0 ^[408765] G~ Dale Recefved, __ ...-..:11::::.-_,s-"-"'ss"-------- Received From, _ ___,D:o:.RliZO=:.:sc....co=·------ l UJC w. rr c 2) c 2-syr.s> Crime 0 Sent8oce __ ...;s::..~rrs=-~· -------Sentence Begins 10,..17-85 Retumodas ____________________________ _ 0 Dale Returned Age 18-84 Hair ·BOCHi Eyes BiOtl Height !HO Weight _1""4""5 __ Place of Birth mzoo ro.TX Complexion ~ Date of Birth 12-22-66 0 NatiooaJity. __ ~.AM!?.R!CNl=""""'-=.=-------- Residence BIWB, TX Scars & Marks:

0 Ex-5ervice: 0 l 23 l

1

2 3 4 5 6 7 8

1 j 9 State's Exhibit No. 19-A Judgment and Sentence ~

22

23 24

J 25 u

DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT n (Felony Probation- Plea of Guilty/Nr Contendere - Art. 42.12. Sec. 3. r· ^[0] ) NO. 15,341 [l IN THE DISTRICT COURT OF THE STATE OF TEXAS 85th JUDICIAL DISTRICT vs X THE ST ~,c;Q.I,l,NT)' OF BRAZOS ~tm'irici or Bruos COWI!y, TelW, 0 !,Man: , do.html)o cerlify II= lbD f'Greaoiil& is a 1n10 aa4 cotroiit ·copy of 1bc oriSUial; lhl& ecrti~ Rlfhcu dlllt II= SSNJ hlwO bcoen JUDGMENT ~Inc-No !~/.· Z·S A1TBIT: *" Hamlla 18 l9H4

.\'f.--(). nunm, o !fr. ct.m.~ D MARCHAMli_N.DU!rtct~. BrazosCo!m!y, Teua <]}G4,1')1!t-~l~ Deputy ~> J~111~• r;ou~rf•j!f~ .. . 'J ; . By: On this the\~;\~-... day of Apr~l . 19~, in_the ~ .n 1 e an num ·.-cause . <::>-"-"'-c::\ \ -=.'-!. ."'\\• 0 being this day called for trial, the State appeared by her Ass1s't"a;t'/D1s net A ttorrley and the Defendant, David Greer , appeared in person and by Counsel, Travis Bryan and both parties announced ready for· trial. The Defendant, in person and in writing, in open court, having· waived his right of trial by jury, such waiver being with the consent and approval of·the Court and now

0

entered of record on the minutes of the Court, and such waiver being with the consent and approval of

the Assistant/District Attorney in writing and filed in the papers of this cause before the Defendant enter'ed his plea herein, the Defendant wa~ed/waived arraignment in writing,

0

and, in open court, pleaded guilty/nolo contendere to the charge contained in the indictment/

inf~n. Thereupon, the Defendant was admonished by the Court of the range of punishment attached to the offense, of the fact that any recommendation of the Assistant/District Attorney as to punishment was not binding upon the Court, and that if the punishment assessed· did not exceed the

0

punishment recommended by the prosecuting attorney and agreed to by the Defendant and his attorney,

the trial Court ,must give its permission to the Defendant before he may prosecute an appeal, and that if the Court rejected the plea agreement, the defendant would be allowed to withdraw his plea

0

and the fact that he/s-Re-had pled guilty or any evide'nce introduced may not be admitted against

the Defendant on the issue of guilt or punishment in any subsequent criminal proceeding; and it plainly appearing to the Court that the Defendant was mentally competent and that the plea was freely and

0

voluntarily entered, the said plea was accepted by the Court and is here entered of record upon the minutes.

The Defendant,.having in open court, in writing, waived the appearance, confrontation, and cross examination of witnesses, consented to the stipulation of evidence and to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence; and such waiver

0

and consent having been approved by the Court in writing and filed in the papers of the cause, the said

plea of the Defendant was received and entered of record upon the minutes. The Court. having heard the indictment/i~ion read, or the Defendant's waiver or reading of the indictment/i~on,

D the Defendant's plea thereto, the evidence submitted, and the argument of Counsel thereon, found the Defendant guilty as confessed by him of the offense of burglary of a habitation a felony, and assessed the punishment at confinement in the Texas Department of Corrections/ :l'&l1uoos:>Jl:oN!1L'Oj!o.Xlil for __ten (1 D) (cJ.avx}dyears) and a fine of$ -0-

0

IT IS THEREFORE CONSIDERED, ORDERED, AND ADJUDGED by the Court that the Defendant

burglary of a habitation , a felony, arid that is guilty of the offense of 0 the said Defendant committed the said offense on the~ day of ;_.,\Ys'-\,0....>'-.. , 19~. and that he be punished by confinement in the Texas Department of Corrections/Boamoo~b;Xd(;il for ten ~~)(years). and that the State of Texas do have and recover of the Defendant all costs of

[J the prosecution. for which execution will issue. HOWEVER, On this \'1\\-. day of __ ...:A'-'.J"p.=r-"i'-"1=-----· 19~, the Court after due consideration is of the opinion, and so finds, that the ends of justice and the best interests of both the public and the D Defendant will be served if the imposition of the sentence in this cause is suspended and the Defendant is placed on probation under. the supervision of the Court.

D

IT IS THEREFORE FURTHER ORDERED by the Court that the imposition of the sentence in this cause be and the same is hereby suspended during the good behavior of the Defendant, and that the ten ( 10) years , beginning Defendant be and is hereby placed on probation for a period of u

on this date, under the supervision of the Court and the duly appointed and acting Adult Probation

s County, Texas, provided that the Defendant shall comply with the following terms STATE'S EXHIBIT of probation: 1"16

0

COUIH.COPY

1 :1- . i ·-liihiiL'n!lT~i.C: .: ..:..:::~~:::. ~~. ~~'~l?":•#c~~: . I /J {;l .

~ -- .:· .. . :;.;::: ... ·· •. -·~···- -··! l):-\~11;·; ---~-if!f/(l-·-·-~ -'

0

X THE STATE OF TEXAS IN THE DISTRICT COURT OF 85th vs X JUDICIAL DISTRICT [)A Vi: ~GREER BRAZOS COUNTY, TEXAS

CONDITIONS OF PROBATION

In accordance with the authority confP,rrecl by the Adult Probation and Parole law of the State of Texas, you have been placed on probation on this\ 1)1\' clay of~pri ^[1] period of ten , 19--.8it_, for a years for

D

the offense of burglary of a ha itation by the Honorable W. T · McDonald, Jr · , Judge, 85th Judicial District Court. Brazos County, Texas. It is the Order of tht! Coun thnt you comply with the followino conditions or probation in that you shall durina lhe period of probation:

0 Commit no offense against the laws of this State or any other State or of the United Stones or of any governmental entity; further. you cue to report to your Probation Officer within 4.8 hours i( arrested or Qt.icstioned by a law enforcement officer; Avoid injurious and vicious habits, refrain from using alcoholic bevcr<HJCS to e><cess. nncl abstain from the use of i1ny harmful substance. narcotic drug or other conttolh.:d substance. in any form, except i1S proscribed by a licensed physician far legitimate medical purposes.

0

A\laid persons and places of harmful und disreputable charncter, including but not limited to, knowingly or volunwrily associating with any person

previously convicted of a crime or being present at any loCiltion where a criminal act is being commiued; Report to the Prob..,tion Officer ot the Brazos County Adult Probation Oepnnment lls directed by the Court and your Probation Officer. at least once each calendar monlh, beginning immedi;:uely and continuing until you aro discharged-from probation, and obey ull rules and regulations of the·Pro·

0 bation Ocpartmenr; V/(e) Pormit your Probation Officer to visit you at your homo or elsewhere; ._/!t) Work faithfully at suitable employment and notify your Probation Officer within 48 hours of any change in said employment; jcgl

0 Remain within Brazos/ - - - - - - - -Coun ty , Texas, unless you have first secured the written consent of the Court to leave the County; /!h) Support your dependents that you now. hnve or thnl you may acquire- during the term of this prOllation; jOl Report the sources and amounts or -nil income or money received Lind all debts and expenditures to your Probation Officer as directed;

0 v:'lil Report to your Probation Officer any c~nge of address or marital status within ^[48] hours; / !k l Do not enter into any agreement to act as "informer" or special ogunt for any law enforcement agency; _/11)

Freely cooperate and voltmtarily submit to medical and/Or chemicnl tests and oxnminations for the purpose at detern1ining whether or not you are using or are under the influence of alcohol. narcotic druos, marijuana, or any other controlled substnnce:

0 .• Pay$ 15 · QQ to the Bra.zos County Adult Probation Dopnrlmcnt for the Brazos County Criminal Justice Plilnning Fund within ten /(m) davs of the dnto of this Order; Poy to the Brazos County Adult Probation Department a probation fee of$ 15 • 00 per rnon~h evory month of the probationary period botween y/'cnl the firs1 and tenth day of the month beginning ir1 the month ne><t fo,llowlng entry of rhis Order; 0

Af1d furthermore, durinn the term of rlrobation you shall strictly follow and observe the following marked terms and conditions:

104 . - - ;..---'

I

• ^[0] Q and a Fine of S within~days of the dato of this ' ^[0] / _Ji_(o) Pay to the Clerk of the Court, Court Costs in the sum of $ · Order; 0

__ (p)

Pay to the Clerk of the CourtS reimbursement for altorney's fees p.1id Prob<Hioner's nppoinred counse-l in equal monthly install· .nents of $ each. between tho first ond tenth clay of every month, beninninu in t~e month next following entry of this Ordar and continuing until such reimbursement Is paid in full;

__ (q) PayS restitution to the Brazos County Adult Probation Dcpnrtment, in equal monthly installments of S each, betw·een the first and the ~en_th day of every 1nonth, b.c;U!.!!..ning in tho month nr:xt following the tmtry of this Order and continuing until such restitution is paid 0 ~~-....· -... ~~""~'\ in full; . . ~·"""""""''-"'\' .... ·~~' Observe a curfew anCJ be h__grne. ~~ttig.A.c. bufqro ~ 0 : 0 0 P~-1 or within 30 f!linutcs o{ ,tht: CH!d of night employment, whichever is later; __ (,) -~"<;:\~~""'-\c. ............. ~ ~~-...'-'-._.~ \,_,,,.\ ~"'- ..._.~"'"" "~\~~ .. ._,. .... -<"-•• Abstain from the use of alcoholic beverages in any form and do not go upon any premises where alcoholic bevuraoes ore served; 0 I _:f:,_ctl PDrticipntu in the Probation Orientation Progmm to btl held n\ 7:00PM on May 2 2 . 19 8 4 in 1ho Distric.l Courtroom; __ (u) Participate in all sassions of Driving While Intoxicated classes to be held at 7:00 PM on four consecutive Wednesdays in the Brazos County Court tH Law courtroom, beginning the __ __ day of • 19 - - : ... './ Aeport 10 the Sheriff's Office of Brazos Counry to serve 30 <Jays in the Brazos County Jail as follows: ~<~:~ ~'< ~C,:) 0 . -+"-(v) . ~,_,,..., ~ ~-...__:.-.:;: 'J "'-h . /x (w) Testify against co-defendants in all criminal cases that are filed and to be filed. ' l (x ) As an alternative to incarceration you shall be on intensive supervision, 0 effective immediately, for a period not to exceed one year. .. '>,:-->J"" -..... ~"" C}..,::" ~ /'(,_ (y) Obtain aGED certificate or high school diploma within'=3:65=~s from the date of Order. 0 EILED /\ . . . .. ,,., I ' Af..:Li.:L.o• clocl<-'--.

Signed this\ SA\\_\ day of _ _ -'A'-!.l:::..:r:...l.=·.::l=--1--- 19~ . . i'!.?i; 18 1984 . 0 I ocknov,;\edge rOC.Iflpt hom the Clark of a copy of tny eom~f1on D Ot?ur.YCLERK Page 2 of 2 pages .. 3 OA G78 COUilT COPY 0 · .. TilE STI\TE OF TEXI\S IN TilE nn;'I'!HC'!' COUH'I' 01' /./ IoJLED} vs ..... .?5-t:.£:_ JU! Igi,ftr.<r:uo~~ioJ~M DAVE GREER llHTI:I.OS C:Ollii'I'Y, r?'E,Xl\S.: .

. . . : I'·':)

D

0 R DEn m: V<?.!5_! N C:_! ~!!~)_~0 ~~]_~_t:: __ -__ l:.!:~l~~~~l:!:y_~!'!_-?.~-- ~~~~~:~~ .!~ 1:: Yt_'j,~:.l~~~~~>J:r ~~~EnK On. the 18th clay o [ __ ·--~pri;L · , .19 84 , l:hc ~ - . ' . • uty B duly an·d le9a lly conv ic t.cd ro •: the of (en se of Burglary of a ab at ·on ·in the ul>ovc entitled unll nuiiil.iei'QJ""C::..,-usc--ii.i1d-):)ui1Tsliment" __ _ . ' · was assessed at ·1'en (l.G..) years~~ con finemcnt in the (•rexa.s Dep.:~rtmcnt of Correct~ons) ~.i}fxlx-~~»Af}t;m{XJXIJ4~~ nncl the imposition o·f. th~! sentence was suspe,nded clu.:ill•J till.! ~oocl behav.i.<>l." or tho du[cndunt ancl the

0 defendant was placed on r>robati.on for a period of Ten (10) ye;)rs/ - - - - - - - - . x'~ID\'SJ< On the lOth duy oL October , 19 85 , th<~ Sl:nt.c filed a Motion to Revoke the probat~on granted EFiedcfcndant-.- 0 On this 4th day o£ November , 19 85 , the Defendant appeared in open court in .pers~us attorney, Travls B. _Bryan, III- also being present and .the State appeared by her /\ssrst.-:ini:7UTstrTcthttorncy,

0 and the Court., after l1avi11g hcqrd and consicler.cd l:hc Sl:ul:c ^[1] s 1-lot:ion to nevoke probotion and .hearing the evi.de·nce offe'rcd by both .the· Stntc and the Defendant the court. is of the opinion <111d finds as il fncl: l:hnt the De r.enclant. violated the terms and conditions of his pr.obntion ,,s fol:l.ows, to wit:·

0

In that the defendant, DAVE GREER, on January 27, 1985; did then andthere

in Brazos County, Texas, intentionally and knowingly enter the Holiday Inn in College· Station, without the consent of the owner and was-therefore arrested fcir criminal· trespass;

0

In that the defendant, DAVE GREER, on November 14, 1984, and Febru'ary· 27,

1985, did then. and there ingest an illegal substance, to-wit: marig.uana; In that the defendant, DAVE GREER, On April 4, 1985, May-22~ 1985, June 5,

0 19S5, and August 21, 1985, did then and th~re use a controlled substance, to-wit: methamphetamines; In that the defendant; DAVE GREER, on July 9, 1985, did then and there

0 use a con-t:rolled substance, to-wit: methamphetamines; .I In that the defendant DAVE.GREER, on September 3, ·198.S, did then and. .'; there admit to his probation officer, Gloria McGowen, that he, the said defendant, had been associating with harmful and disreputable characters; 0 . . .t In that the defendant, DAVE G~EER, has failed to maintain suitable ^[1] a~d stable employment;

0

In that the defendant, DAVE GREER, on November 14, 1984, and June 5,

1985, did then and there admit to his probation bfficer, Gloria McGowen, that he, the said defendant,· had left Br-azos County, Texas, without the written consent of the Court;

0

In that the defendant, DAVE GREER, fail'ed to pay probation fees for the

months of June, July~ August, September, and October of 19~5; In that the defendant, DAVE GREER, failed to keep his curfew on October

0

31, 1984, and August 7, 1985; and,

In.that the defendant, DAVE GREER, failed to participate in drug ab1,1se counseling.

0

THESTATEOFTEXAS; COUNTY OF BRAZOS

o. I.Marc Hltllllin. Clert of the Di&lric:t or Brazos Counl)', Tcx:u, do heRby catJty that lite fon:JOilll ira uuc and corrcc:t copy or 1be ori&iJW; this certilkation rcnects Ilia! lite SSN ^[1] have 1>oeo

I53Lfl · X S' redacted m C&usc No. A Til!ST: MICC Hamlin MARC ~f:IUN,_ ~~~· Bru.os Coaaty. Tcxns . Deputy

J!-.J,j -~~JIV By: . 34A550 / 0 I'r IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court, that the order suspending the imposition of the sentence, and placing the De [l

fendant on probation, heretofore entered in this said cause be, and the same

is hereby revoked. ·

The Court further finds that the best interest of society and 0

the Defendant will.be served by imprisonment in the (Texas Department of Cor

rections) XH~X~MKX~MMHX~XX~XX~ and therefore the ~~~~~~~~­ MMX (reduced pu~isnment ofl 5~~~~ ~ears/~~ in the (Texas Department of Corrections) (Bf:lili(fliX~(SliiUt¥X~,.1!.· ~s hereby ordered to be served.

0

SENTENCE

ON THIS the 4th day of November , 19 ~. the State appeared by"her Assistant/District Attorney, and the Defendant appeared in 0

open Court in person, his attorney also being present, for the purpose of

having sentence pronounced in accordance with the judgment herein rendered and thereupon the said defendant was asked by the Court whether the Defendant had any legal reason to say why sentence should not be pronounced; and the Defendant answered nothing in bar there6f, whereupon the Court proceeded,

0

in the presence of the Defendant, to pronounce sentence as follows:

IT IS THE ORDER OF THE COURT that the said Defendant, who has beeri adjudged guilty of the offense of . _B_~lary~~~~itati~n·~~~~~~-­ 0 and \'lhose punishment has been assessed by the Court at confinement ~n the (Texas Department of Corrections) X~~~~~ for a term of five (5) years.

--be delivered by the Sheriff of Brazos County, Texas, to the Warden 0

of the Texas Department of Corrections, or other persons legally authorized

to receive such convicts, and·that said Defendant shall be confined in said Texas Department of Corrections for xroxJoi.~~~xMXXKMx~~ xxxxxxxxxX~~X~x~~X~~~~x five (51 years, in. accordance with the laws

0 governing the Texas Department of Corrections. --be delivered to the Sheriff of Brazos county, Texas, or other persons ^[1] ga. y authorized to rece victs, and that said Defendant shall be confined in said Brazos County Jail for a · days)

0 (years) in accordance with the laws governing the Brazos County Jail. It is further Ordered, Adjudged and Decreed by the Court that the Defendant shall pay restitution or reparation in the amount of $ payable to the Brazos County ~dult Probation Department for the ~b-e_n_e~f~i't~- of , the victim of the prisioners crime, as a condit1on of his parole in accordance with Art. 42.12 Sec. 15 (g).

The Defendant shall receive credit on his sentence for the time

D

sperit in jail in the above styled and numbered cause from the day of ..,~~~-~~-,-=-:-::--~~-.:-=:-' 19 ^[1] to the day of 19,~~---' for a total of --~~~~~~~--~----~--.a~a-y--s credit-.~-~~~~~~~-

w',-h.__ c..">v\~ .. -/:b. )~, ~b 1 i~ 'l~--/-1._ 1) is (-l",·c:r Y ~ C a "' C. '-'- -r -ra...-k 1\.\ d~/ ^[1] 19 • c, .__,..t- .f Signed this Lf-~ day of ""Srli_z._os Co.....h ^[1]

I

f!..-f'1.S \t=-e ~~h--~ c ~ PRESIDING JUDGE ( { ) ' ' 85TH 0 JUDICIAL DISTRICT

BRAZOS COUNTY, TEXAS

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0 State's Exhibit No. 20 12 Judgment and Sentence 13 0

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o~ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0

272ND DISTRICT COURT

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[] ...

Page 1 ofl No. *

THE STATE OF TEXAS

IN THE COUNTY COURT * AT LAW Ne:-1""/NO. 2 VS.

B

.I)~,.J -L .. })...::c~.JV: - C~-..ee.~- BRAZOS COUNTY, TEXAS * 0 JUDGMENT + SENTENCE 0

On this date the above numbered and entitled cause was regularly reached

and called for trial. The State appeared by her County Attorney and _____ .........c.· .c..D<...:':::.:.''...::!.C~ :?,.__})0 o.v'fL. Q) r--e.e..r

1J hereinafter referred to as de.feudant, appeared in person and through attorney _..-.- r.\._ 0 < _)Lo.,.v.A.J. s cJ·.._, '.AJ'-- (waived his/her right to an attorney in writing) and in open court plead Guilty/Nale-Bont-eruY:e- to the charge of ..--··

(\

0 t-:.----.1 i·-.<:'U'(~J- A-cce s·A-- as alleged in the information. Thereupon the defendant was admonished by the. Court of the consequences of said plea and the Court, having heard the evidence which

0

substantiates the defendant's guilt as confessed by him/her of the above offense,

'Ff tu' .?,\" .. JJ~ day of which occurred on the ,19.9.).._. 0 It is therefore ordered, adjudged, and decreed by the Court that on this date the defendant is guilty of the above offense as charged in the information in this cause, 0

and as confessed by him/her in the plea of _guilty herein made, and the Court, having heard

evidence on the question of punishment and argument of counsel, thereupon fixed the

0 punishment by payment of a fine in the amount of $ 6DO (and by 9 0 days) and that the confinement in the Brazos County Jail for a term of State ofTexas do have and recover of the said defendant all costs of this proceeding 0

incurred, !"or which let execution issue in accordance with the laws governing the State

of Texas.

0 SIGNED TI-IIS 25l\-....DAY OF __ ___.A~--r~v¥-''""")"""'.::("_,_4-_·-· __ , 19.!:t;._.

STATE'S

0 EXHIBIT 1...6 0 / \,~, ______ ... _ ... , 0 0

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DENISE C.PHILLIPS, CSR o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0

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1 J

No. THE STATE OF TEXAS * VS. AT LAW N0.1/NO. 2 *

D.,..vf

BRAZOS COUNTY, TEXAS

JUDGMENT + SENTENCE On this date the above numbered and entitled cause was regularly reached and called for trial. The State appeared by her. County Attorney and h, k~N. Gr·J>.-e-r :i) CA --.J <?,__ hereinafter· refen:ed to as defendant, appeared in person and through attorney --------<"-~-'-,_·-..:.•'.=::.v-:<::..._·_-;:S_,...._""· c.:o<-c.:-c:.~=·=· ::.'.:>.> __ ____ (waived his/her right to an attorney in WTiting) and in open court plead Guilty/Nohr€mrtendre-to the charge of

(6:_ l>\'- \ €_.ss S~-r,; >I\,.....__,~ as alleged in the information. Thereupon the defendant was admonished by the Court of the consequences of said plea and the Court, having heard the evidence which substantiates the defendant's guilt as confessed by him/her of the above offense,

::r ... ..J_,y;__ 7-&-)-~'- day of , 19 c17 . which occurred on the It is therefore ordered, adjudged, and decreed by the Court that on this date the defendant is guilty of the above offense as charged in the information in this cause, and as confessed by him/her in the plea of guilty herein made, and the Court, having heard evidence on the question of punishment and argument of counsel, thereupon fixed the punishment by payment of a fine in the amount of $_s_,()"'--=C-,_) ____ .(ancl by confinement in the Brazos County Jail for a term of __ c....~.J ..... (.L.) __ days) and that the State of Texas do have and recover of the said defendant all costs of this proceeding incurred, for which let execution issue in accordance with the laws governing the State of Texas.

SIGNED TI-IIS ;2'7{~-k .... DAY OF __ ___.:/-c...:~c...:::U,_',-r.jt-··-.....:....J"-"3"-~---· __ , 19_Tf._. * STATE'S I i

EXHIBIT ~ _.lL..~--( - ~

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12 State's Exhibit No. 22

0 Indictment 13 0 (Not admitted) 14 15

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25

DENISE C.PHILLIPS ^[1] CSR

OFFICIAL COURT REPORTER

0

272ND DISTRICT COURT

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10 D 11 u· State's Exhibit No. 23

12 Judgment and Sentence 13

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DENISE C.PHILLIPS, CSR 0 OFFICIAL COURT REPORTER

272ND

DISTRICT COURT (~\ L~ 0

/ [1-- '

CAUSE NO. 13,934

INCIDENT NO./TRN: 9151867087 DrHE STATE OF TEXAS IN THE 21sT DISTRICT § §

[f· COURT § § BURLESON COUNTY, TEXAS DAVE DUANE GREER § § § [JSTATE ID NO.: TX03329636

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

rl.

U,

Date Judgment . Judge Presiding: HON. Reva L. Tows lee Corbett· Entered: October 29, 2010 1

, Jennifer Lively Attorney for ttorney for State: Elizabeth Whittington Defendant: Trey Dunne Theft less than $1.500 ! tharging lnstrume~t: Statute for Offense: 31.03 Texas Penal Code l)NDICTMENT · Date of Offense: (')May 18, 2010 I Plea to Offense: I Findings on Deadly Weapon: } -{pegree of Offense: .,_, nns ofP!ea Bargain: I GUILTY - CLASS "A" MISDEMEANOR

IN/A

U .se (1) year in the Burleson County Jail, $1,499.00 restitution (Restitution is .Joint and Several with co-defendants- #13,950- I Jason Ray Greer and #13,951- Billy Mike Harris, Jr.), court cost and court appointed attorney fee

. .L.

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t 1' E 1 N/A Plea to 2nd Enhancement/Habitual t p 1 N/A ea o • • n 1ancemen aragrap 1: Paragraph: J Findings on pt Enhancement N/A Findings on 2nd Enhancement/Habitual

N/A

Paragraph: Paragraph: I Date Sentence to Commence: I OCtober 29, 2010 /Date Sentence Imposed: October 29,2010 Y Punishment and Place of Confinement: One (1) year in the Burleson Count}' Jail ime Credited: 118 days \ TIDS SENTENCE SHALL RUN CONCURRENTLY.

_j I 1 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A. [ ] Jn accordance with Section 12.44(a) Penal Code, the Court finds that thE!,ends of justice would best be s(!rved by punishment as a Class A -misdemeanor. Defendant is adjudged to be guilty of a state jail felony and is ·assessed punishment indicated above. · line: Court Costs: Restitution: Restitution Pavable to: $ 229.00 court cost

VICTIM (see below) S N/A S 400.00 court appointed $ 1,499.00 AGENCY/AGENT (see below) attorney fee I r 1 Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. T Sex Offender Registration Requirements do npt apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62 ·'\The age of the victim at the time of the offense was N/ A.

All pertinent information, names and assessments indicated nbuvc nrc incorporated into the lnngunge of the judgment below by reference. [J This cause was called for trial in Burleson County, Texas. The State appeared by her Assistant/District Attorney. Counsel/ Waiver of Counsel (select one) · ":I Defendant appeared in person with Counsel. J De ·gently, and voluntarily waived the right to representation by counsel in writing in open court. u-· STATE'S

EXHIBIT

2)

BOO/{ f·111 /'PAGE 766 ~ z 0

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0 D Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above to

•h_e lesser included offense of the indictment- Theft less than $1,500- a Class "A"· Misdemeanor. The Court then admonished fendant as require<l by law. It. appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely .. · ·and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard 0 the evidence submitted, the Court found Defendant guilty of the offense inclicated above. In the presence of Defendant, the Court , pronounced sentence against Defendant. .

The Court FINDS Defendant committed the above offense- and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done accordi.ng to the applicab.le D provisions of TEX. CODE GRIM. PROC. art. 42.12 § 9. The Court ORDERS Defendant punished as inclicated above. The Court ORDERS Defendant to pay a 11 fines, court costs, and restitution as indicated above. 0 [ 1 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agentof the State of Texas or the . . Punishment Options (select one)

Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence .. The Court ORDERS that 'upon release from

0 confinement, Defendant proceed immediately to the Burleson County District Clerk's .Office. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.

0 . (X] County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to tile custody of the Sheriff of Burleson County, Texas on the date.the sentence is to commence. Defendant shall be confined in the Burleson County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Burleson County District Clerk's Office. Once there, the Court ORDERS Defendant to pay, or make

D arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. [ ] Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Burleson County District Clerk's Office. Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

0 Execution I Suspension of Sentence (select one) · [X I 'l'he Court ORDERS Defendant's sentence E.,'{ECUTED. 1 . ) The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on U fr \nmunity supervisi?~ for the adjud_ge~ peri~~ (above) so lo~g as Defend~nt abides~~ a~d does not viola~e the terms and-conditions vi cornmumty superviSIOn as set out In Conditwns ofProbatwn/Commumty Supervrs10n'. The order settmg forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent inc~n·cerated. Furthermore, the following special findings or orders apply: Restitution to be paid to: Jason Wendler; 10720 FM 50; Somerville, Texas 77879 (Restitution is Joint and Several with co-defendants- #13,950- Jason Ray Greer and #13,951- Billy Mike Harris, Jr.) 0 - - - - - - - - - - - Signed and entered on this 29th day of October, A.D. 2010.

[1

0

DAPPROVED AS TO FORlVI: 0 ~;}/~? _ .. -;:?''/

~-~---<::?,.~;;{-~ . 100 W. Buck, Suite 407 ASSISTANTrOISTRlCT A 'ITORNEY

DEFENDANT'S RIGHT THUMB AND RIGHT

0 HAJ\TD FINGERPRINTS: See Attached l:aldwell, Texas 77836 - 79)567-2350 OSBT: ,:2:-td =?<f! & 5 t

BOOK N 11 (' P£\GE r ~

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T ,~

FINGERPRINTS OF DEFENDANT 7 On this the--=-..J~tf:.____ ___ day of ----1k2~. ; . . . . . . ! ' ....:::::.if=r.._'~_ __ ____: __ • ___:' 20__._,/ (}~--

~·

J Came to be Taken Below the Right Hand Finger and Thumb Prints of:

-'-/J~a~~:....;::::._,L...l..ofi2C,.._~Lti~a"'-L-:'!flf~e!Jz~.

· __..:.;te/V=-=-· -=----·---=-----the DEFEND .ANT ·

]

~ c{l j/f!.. .L / J1 f J f ~ the 21st District Court of Burleson County /

In Cause No.

J

By: b,,J,l;_].0SMq6_~ ] J ]

,I

.·. ·.

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:-~·:;(:·_;·_.:··<", ~· ..... : .·.:n':~~·;-.•,1), J J

>' ., ·; BQ.OKJ-1.117 PAGE 7 6 8 Signature of PERSON TAKING PRINTS ---------~~--------· , .. ___ vf t ····..:

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1 I 1 ) }

;),:-;~\ . ·-. \\ '// .. •');:: ; _; ~ /~(~~~ : ~; £. \ ... ;;:;:": Y~.~: .. · :~;~~ TH E--s:ratg~:Of.~fExAs:

) County··of -Burleson:

I, Joy Brymer District Clerk of Burleson County, Texas, do hereby certify that the

I_ above is a true and correct copy of the .original on file in my office. 28 1 1 1-- 2 J 3 4

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State's Exhibit No. 24 12

j 13 Fingerprint card 14

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DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER

272ND DISTRICT COURT ]

}

'i lEAVE BLANk TYPE OR PRINT ALL INFORMATION IN BLACK ~ APPLICANT

lASTt;;~,\ ~;:: ~ ~ MIDDLE NAME ~

STATE'S

~I BIT

'k-~~~~-------+~~--~~--~----~~ c~ Si! I -liATURE OF PERSOtl FINGERPRINTED AliASES AKA ~ ,..SIDENCE OF PERSOtJ f.'i~JGERPRINTEO ' [ CITIZENSHIP ill ' >ATE YOURNO. OCA FBINO. E.1iJ

~~~~~~~~----~CLA~ -------------------------------------------- ARMED FO!ICES NO. Mtli)

I ASQ~: F!NCERPRHHE.D SOCIAl SECURITY NO. ~

REF.

MISCe!LAtlEOUS NO. Mtl.U 2. R. IN DEl< 3. ~. MIDDt~ •. R. RING S. R. Ullll } 8.1.. MIOOtl 7.L.It<D~l< 9,l. PING I THUMB R THIJM& RIGHI fOUA:FINGE~~ t"Kft4 SI.V.Ul TAr.:EOUSt r J l\ l

FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTiCE

WASHINGTON, D.C. 20537

l.LOOP APPLICANT TO OBTAIN CLASSifiABLE fiNGERPRINTS: I. USE BLACK PRINTER'S INK. 2. DISTRIBUTE INK EVENLY ON INKING SLAB. 3. WASH AND DRY FINGERS THOROUGHLY. <. ROLL fiNGERS fROM NAIL TO NAil, AND AVOID ALLOWING fiNGERS TO SLIP.

J

~- BE SURE IMPRESSIONS ARE RECORDED IN CO~RECI ORDER. 6. IF AN AMPUIAfiON OR DEF()RMITY MAKES IT IMPOSSIBLE TO PRINT A FINGER. MAKE A NOTATION TO THAT EFFECT

IN THE INDIVIDUAl FINGER BLOCK. 7. IF SOME PHYSICAL CONDITION MAKES IT IMPOSSIBLE TO OBTAIN PERFECT IMPRESSIONS. SUBMIT THE BEST THAT CAN BE

OBTAINED WITH A MEMO STAPLED TO THE CARD EXPLAINING THE CIRCUMSTANCES.

8. EXAMINE THE COMPUTED PRINTS TO SH IF THEY CAN BE ClASSIFIED. BEARING IN MIND THAT MOST FINGERPRINTS FALL INTO THE PATTERNS SHOWN ON THIS CARD (OTHER PATTERNS OCCUR INFREQUEml Y AND ARE NOT SHO\NN HEREl. THE LINES BETWEEN CENTER OF

LOOP AND DELTA MUST SHOW

LEAVE THIS SPACE BLANK

THIS CARD FOR USE BY: 2. WHORL I. LAW ENFORCEMENT AGENCIES IN FINGERPRINTING APPLI· CANTS FOR lAW ENFORCEMENT POSITIONS. • 1. OFFICIALS OF STATE AND LOCAl GOVERNMHHS FOR PUR· POSES OF EMPlOYMENT. LICENSING, AND PERMITS. AS AUTHOR·

J IZW. BY STATE STATUTES AND APPROVED BY lHE ATTORNEY GENERAl OF THE UNITED STATES. lOCAl AND COUNTY ORDI· NANCES. UNLESS SPECIFICAllY BASED ON APPLICABlE STATE II'TATUTES·DO NOT SATISFY THIS REQUIREMENt.·

)

3. U.S. GOVERNMENT AGENCIES AND OTHER fiHITIES REQUIRED

BY FEDERAl lAW. •• 4. QFFIC!Al·S QF FEDERA\l Y CHMTfREO OR INSUREp BANK· lNG INSTITUTIONS TO PlibM'OTE OR MAINTAIN THE SECURITY

OF THOSE INSTITUTIONS.

l

INSTRUCTIONS: ·

PRINTS .MUST FIRST 11€ CHECKED THROUGH THE APPRO •1. PRIATE SlATE IDENTIFICATION BUREAU. AND ON't'f lHOSE·FINGER·

3. ARCH PRINTS FOR WHICH NO DISQUALIFYING RECORD HAS BEEN FOUND LOCAllY SHOUlD BE ~UBMITTED FOR FBI SEARCH. 2. PRIVACY ACT OF 1974 (P.l. ~·579) REQUIRES THAT FEDERAl. SlATE. OR lOCAl AGENCIES ltiFORM INDIVIDUALS WHOSE SOCIAl

SECURITY NUMBER IS. REQUESTED WHETHER SUCH DISCLOSURE IS

MANDATORY OR VOLUNTARY. BASIS OF AUTfiORITY FOR SUCH SOliCITATION. AND USES WHICH Will BE MADE OF IT .

.. 3. IDENTITY OF PRIVATE CONTRACTORS SHOUlD BE SHOWN IN SPACE "6MPLOYER AND ADDRESS". THE CONTRIBUTOR IS THE NAME OF THE AGENCY SUBMITTINC. THE FINGERPRINT CARD TO THE FBI. FBI NUMBER, IF KNOWN. SHOULD AlWAYS BE FURNISHED IN 4.

THE APPRO?RIATE SPACE.

MISCEllANEOUS UO. • RECORD: OTHER ARMED FORCES NO ..

PASSPORT NO. (PP). AJ.IEN REGISTRATION NO. (AR). PORT SE·

) CURITY CARD NO. (PS), SElECTIVE SERVICE NO. (SS). VETERANS' I ADMINISTRATION ClAIM NO. (VA). ARCHES HAVE NO DELTAS FtJ.238(ll£V.1HH2)

..-} U.S.G.P.O. 1990-262-201/20000

__ ,,. j CASE NO. 10-13-00049-CR IN THE TENTH COURT OF APPEALS WACO, TEXAS

DAVID GREER,

Appellant vs.

THE STATE OF TEXAS

ON APPEAL FROM THE 272nd DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 12-03324-CRF-272

STATE'S BRIEF

J JARVIS PARSONS DISTRICT ATTORNEY

J BRAZOS COUNTY, TEXAS J Douglas Howell, III Assistant District Attorney State Bar No. 10098100

J

300 E. 26th Street, Suite 310

Bryan, Texas 77803 'l j

(979) 361-4320

(979) 361-4368 (Facsimile)

J J J J

IDENTITY OF PARTIES AND COUNSEL APPELLANT: David Greer Trial Counsel: Earl Gray

103 North Main Bryan, Texas 77803

Appellate Counsel: Mary Hennessy P.O. Box 2536 Brenham, Texas 77834

J .Jarvis· Parsons THE STATE OF TEXAS: District Attorney 3 00 E. 26th Street, Suite 310

] Bryan, Texas77803 Trial Counsel: Ryan Calvert William Ward Assistant District Attorneys

Appellate Counsel: Douglas Howell, III ] Assistant District Attorney TRIAL COURT: Hon. Travis Bryan, III ] Presiding Judge

J

l J J J

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TABLE OF CONTENTS

] IDENTITY OF PARTIES AND COUNSEL ......................................................... ~ ...... .i TABLE OF CONTENTS .............................................................................................. ii

J

INDEX OF AUTHORITIES ........................................................................................ iii J STATEJ\1ENT REGARDING ORAL ARGillvfENT ................................................... 1 J STATEJ\1ENT OF THE CASE ................. ; .................................................................... 1 ]

STATEJ\1ENT OF FACTS ............................................................................................ 2

' SUMJ\1ARY OF THE ARGUMENT ..................................................................... 12 J STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO. 1 ..................... 13 The evidence was legally sufficient to prove that Appellant ] intentionally and knowingly possessed the revolver. ] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2 ..................... 21

The trial court did not err in denying Appellant's motion to suppress evidence where the stop was legal. (4 RR 100-103, 108-111).

J

] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3 ..................... 21

The trial court did not err in denying Appellant's motion to suppress evidence where the resulting inventory of the vehicle was proper. ( 4

J RR 103-107, 111). ]

STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4 ..................... 29

Appellant was not denied effective assistance, for allegedly failing to

J

timely urge his motions to suppress, where the trial court properly overruled his motions.

] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5 ..................... 31 J 11 l 1

STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO. 5 ..... : ............... 31 The trial court did not err when it admitted extraneous evidence of a statement made by Appellant over relevance and Rule 403 objections. (4RR9-15).

PRAYER ....................................................................................................................... 39 CERTIFICATE OF SERVICE .................................................................................... 39

] CERTIFICATE OF CO:rvt:PLIANCE WITH TEX. R. APP. P. 9.4 ........................ 40 ] ] ], 1 J J

111 1 ]

INDEX OF AUTHORITIES STATUTES l J Tex. Code Crim. Proc. art. 28.01, § !. ............................ : ........................................ 29

Tex. Code Crim. Proc. art. 38.04 ............................................................................. 15 CASES

J Alexander v. State, 740 S.W.2d 749 (Tex. Crim. App. 1987) ....... , ........................ 14 ] Alvarado v. State, 912 S.W.2d 199 (Tex. Crim. App. 1995) .................................. 15 Bollinger v. State, 224 S.W.3d 768 (Tex. App.-Eastland 2007, pet. ref d) ..... 5, 16 Broadnax v. State, no. AP-76207 (Tex. Crim. App. December 14, 2011) .......... 32 Brown v. State, 911 S.W.2d 744 (Tex. Crim. App. 1995) ................................ 32, 36

] Calloway v. State,743 S.W.2d 645 (Tex. Crim. App. 1988) ................................... 29 ] Diltz v. State, 172 S.W.3d 681 (Tex. App.-Eastland 2005, no pet.) ..................... 29 Easley v. State, 986 S.W.2d 264 (Tex. App.-San Antonio 1998, no pet.) ........... 14 J

Espinosa v. State,

194 S.W.3d 703 (Tex. App.-Bouston [14th Dist.] 2006, no pet.) ........................ 38

] Ex parte Martinez, 330 S.W.3d 891 (Tex. Crim. App. 2011) ................................. 30 Garcia v. State, 919 S.W.2d 370 (Tex. Crim. App. 1994) ...................................... 14

] Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) ...................... 34, 38

J

Heiselbetz v. State, 906 S.W.2d 500 (Tex. Crim. App. 1995) ................................ 15 1 Hernandez v. State, 939 S.W.2d 692 (Tex. App.-Fort Worth 1997, pet. refd) .... 15 J lV 1

]

Hurtado v. State, 881 S.W.2d 738 (Tex. App.-Houston [1st Dist.] 1994, pet. ref d) ....................... 21

] Jackson v. Virginia, 443 U.S. 307 (1979) ............................................................... 14

J

Skillern v. State, 890 S.W.2d 849 (Tex. App.-Austin 1994, pet. refd) ................ 14 ]

Jagaroo v. State,

180 S.W.3d 793 (Tex. App.-Houston [14th Dist.] 2005, pet. refd) ..................... 30 Jones v. State, 963 S.W.2d 826 (Tex. App.-Texarkana 1998, pet. ref d) ............. 36 King v. State, 895 S.W.2d 701 (Tex. Crim. App. 1995) ......................................... 14

] Lockett v. State, 16 S.W.3d 504 (Tex. App.-· Houston [1st Dist.] 2000, pet. refd)32 McCoy v. State, 932 S.W.2d 720 (Tex. App.-Fort Worth 1996, pet. refd) .......... 15 ] Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) ............................ 31 ] Moreno v. State, 755 S.W.2d 866 (Tex. Crim. App. 1988) ................................... 15 ] Powellv. State, 189 S.W.3d 285 (Tex. Crim. App. 2006) ..................................... 39 Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996) ...................................... 31

J

Rojas v. State, no. 01-94-00550-CR (Tex. App.-Houston [1st Dist.] March 30, 1995, pet. ref d) ......................... 24, 27

] Romero v. State, 800 S.W.2d 539 (Tex. Crim. App. 1990) .................................... 31 Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) ...................................... 15 ] State v. Mechler, 153 S.W.3d 435 (Tex. Crim. App. 2005) ............ 33, 35, 36, 37, 38

J

Stout v. State, no. 0 1-11-00773-CR (Tex. App.-Houston [1st Dist.] November 8, 2012 no pet.) ........................... 17, 21

v Strickland v. Washington, 466 U.S. 668 (1984) ...................................................... 30 Swarb v. State, 125 S.W.3d 672 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd) ................... 33 Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) .................................... 30

] US v. Loaiza-M~rin, 832 F.2d 867 (5th Cir. 1987) ................................................ 28 l Yaws v. State, 38 S.W.3d 720 (Tex. App.-Texarkana 2001, pet. ref d) ............... 24 J RULES Tex. R. App. P. 38.1 (i) .......................................................................................... 32 Tex. R. Evid. 403 ................................................................................................... 33

] ,;,:·>···· ] J J J ] 1 J J

Vl ]

CASE NO. 10-13-00049-CR

] IN THE TENTH COURT OF APPEALS WACO, TEXAS J

DAVID GREER,

Appellant vs. ] THE STATE OF TEXAS J ON APPEAL FROM THE 272nd JUDICIAL DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 12-03324-CRF-272 STATE'S BRlEF J TO THE HONORABLE COURT OF APPEALS: COMES NOW, the State of Texas, by and through its District Attorney, and ] , files this brief in response to the points of error alleged by Appellant, and would respectfully show the Court the following:

STATEMENT REGARDING ORAL ARGUMENT

The State requests oral argument only if granted to Appellant

STATEMENT OF THE CASE

. On July 12, 2012, Appellant was indicted for the felony offense of unlawful 1 possession of firearm by felon. (CR at 1). On November 14, 2012, Appellant ple 1 1

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\ 1

]

not guilty to a jury. ( 4 RR 22). The jury found Appellant guilty of the offense. ( 4 RR 184). The trial court found the two enhancement paragraphs to be true and assessed punishment at 30 years in the institutional division of the Texas

] Department of Criminal Justice. (5 RR 59).

STATEMENT OF FACTS

Investigator Terry Young (Brazos County Sheriffs Office) testified that on February 16, 2012, he helped execute arrest warrants against Appellant and Monishia Campbell. ( 4 RR 28). Young stated that there were at least six officers from the Criminal Investigation Division, all in different unmarked vehicles, that

] were out attempting to serve the warrant against Appellant. ( 4 RR 29). Appellant ] and Campbell were eventually located in a black Ranger pickup that was registered ]

to Greer's father. (4 RR 30-31, 73). Because it was daytime, both Appellant and

]

Gampbell were recognized in the truck. ( 4 RR 31 ). A marked patrol car was sent in

] to make the stop of the vehicle. "( 4 RR 31 ). The truck did not immediately stop. ( 4 RR 32). It proceeded for about a block, even though there was a place for the truck ] to pull over before it did. ( 4 RR 32). The truck stopped after an urimarked car J pulled in front of Appellant's truck, the driver of the unmarked car got out and ] pointed a weapon. (4 RR 33). State's exhibit 3 (video of the stop) was admitted. (4 RR 34). Appellant was driving, and Campbell was in the front passenger seat. ( 4 R

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43; State's exhibit 3).

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2

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, ·\ I J

Young described what is done with a vehicle, that is sitting in the middle of ]

the road, after an arrest ofthe driver is made. (4 RR 35). The vehicle is towed to a

secure location after property in the vehicle is inventoried. ( 4 RR 35). In this case,

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the truck was inventoried by Young after Appellant's anest. (4 RR 36, 38). Young

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testified that he found the following in the bed of the truck: power winch, pieces of ] metal and tools. ( 4 RR 3 7). The back compartment area (behind the seats) contained clothing, a cane and a bag with more clothing. ( 4 RR 3 8). The bag with clothing appeared to belong to Campbell because it contained small women's clothing, and Campbell was "very petite." (4 RR 38). Young also recovered a large, black leather jacket (State's exhibit 10). (4 RR 39). 1 It was also in the back compartment behind the seats and was not in the bag of clothing. (4 RR 39). He

] checked the pockets and found a .22 revolver (State's exhibit 11) in the pocket. (4 RR 40). 2 State's exhibit 3 (video of the stop) was played; as it played, Young

] noted that the video showed him taking out the jacket, finding the revolver and

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then setting it on top of the roof of the truck. ( 4 RR 45). Young noted that he attempted to find usable fingerprints on the weapon, but could not. ( 4 RR 47).

Young also inventoried the bag with women's clothing and checked the pockets. ( 4 RR 47). A pair of blue jeans was located; inside a pocket he found a .22 Photo of jacket admitted as State's exhibit 4. (4 RR 48; 6 RR State's exhibit 4).

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^[2] Photo of revolver admitted as State's exhibit 6. (4 RR 48; 6 RR State's exhibit 6). 1 3 l

]

long rifle bullet. ( 4 RR 49). 3 Young explained that the revolver could not fire the ] I , . . 22 long rifle bullet because the revolver was~ chambered only for a .22 caliber v . short round. ( 4 RR 50). Specifically, the .22 long rifle would stick out of the J

cylinder of the revolver preventing the cylinder from rotating. (4 RR 51-52).

1 Young noted that he did not seize the .22 long rifle bullet from the jeans as J evidence because it did not fit the revolver and was not illegal for Campbell to J possess in the first place. (4 RR 53). Young found that the revolver was fully ]

loaded with .22 short bullets, and it was ready to shoot. ( 4 RR 53).

Young_~greed that Appellant was not wearing_ the jacket when the truck was J stopped. (4 RR 56). Appellant was wearing a tank top and camouflage pants. (4 RR ] 4 3 ). Young concluded that the jacket belonged to Appellant because it was an extra J large size and would fit Appellant, as opposed to Campbell. The video of the stop and inventory (State's exhibit 3) also showed Campbell to already be wearing a

J I ~ ~ jacket. ( 4 RR 57). 'l

J

On cross-examination, Young stated that he assisted Deputy Ficke with the ] inventory. ( 4 RR 57). Ficke actually prepared the inventory sheet. Based on the J video, Young did not believe that Appellant's tru~k was speeding at the time it was l stopped. ( 4 RR 58). Nor did he witness the truck commit a traffic violation. ( 4 RR ~ 3 J Photos of jeans and bullet admitted as State's_ exhibits 8 and 9. (4 RR 48; 6 RR State's exhipits 8 & 9). J 4 59). The jeans, that contained the .22 shell, were a size 5. ( 4 RR 64). Young also ] agreed that there are three sizes of .22 bullets: .22 short, .22 long and .22 long rifle. ( 4 RR 64). Although a .22 long rifle bullet would not fit in the revolver, a .22 long~,

] bullet would. ( 4 RR 64-65). Young agreed that the actual shell was -not collected, although a pl).oto was taken. (4 RR 65; see 6 RR State's exhibit 8). Young

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believed that the actual shell was a .22 long rifle, and not a 22 long, because he 1 J had had '·'a lot of personal experience with .22s, and my personal belief is that it's a long rifle." ( 4 RR 65). He had not tested the revolver and did not know if it would ] 4 . fire. ( 4 RR 66). The revolver was not swabbed for DNA, nor was amy DNA testing done. ( 4 RR 68-69). The revolver was not tested for fingerprints until a

] week before trial, at the request of the District Attorney's Office,. (4 RR 69). The

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bullets in the revolver were not tested. ( 4 RR 70). In the video, Campbell was ] wearing a jacket, which was too big for her to wear. ( 4 RR 71 ). An ATF (Alcohol,

I

Tobacco and Firearms) trace was sent off; no report came back on the original . - . ' ·~ owner. (4 RR 72). The truck that Appellant was driving was registered to his dad. ( 4 RR 72-73 ). Young did not witness .Appellant say that he owned the revolver. ( 4 RR 73).

Young reiterated that. the reason for the stop of the truck was to execute 5 an-est wan-ants. (4 RR 75). He did not actually make the stop; Deputy Ficke did. (4 RR 74). Investigator Ledesma had received information that Campbell and Appellant were together in the truck and had wan-ants; Ledesma confirmed the outstanding wan-ants. ( 4 RR 75). Young did not remember if the truck had dark

1 tinted windows. (4 RR 75). ] Investigator Ricardo Ledesma testified that, on Feb1uary 16, 2012 at approximately 2:00 p.m., he received a phone call from an informant. ( 4 RR 80). As a result, he started looking for a vehicle inhabited by Appellant and Campbell; dispatch confirmed that both had outstanding warrants. ( 4 RR 80-81 ). During the

J stop, he was in a car at the very back. ( 4 RR 82). It was a cool day; he was wearing ]

a wind breaker jacket. (4 RR 82). Campbell had on a red shirt and camouflage

] jacket. ( 4 RR 83). Ledesma read Campbell her Miranda rights after her arrest. ( 4 RR 83 ). She agreed to speak with Ledesma. ( 4_ RR 83 ). Ledesma knew Campbell

] as a victim in a previous case ~e had investigated. ( 4 RR 84 ).

J

Because everyone in the truck was arrested, it had to be towed. ( 4 RR 84 ).

J

An inventory search was conducted. (4 RR 84). During the inventory, the revolver

J

was found in the jacket. ( 4 RR 85). Ledesma took the jacket to Campbell to determine who it belonged to. (4 RR 85). Campbell's demeanor "was more of a

J surprised look and just kind of shook her head as no." (4 RR 86). Appellant also ] denied owning the jacket. ( 4 RR 86). Appellant was ultimately alTested for J 6 J l l

possession of the revolver. ( 4 RR 87). J On cross-examination, Ledesma stated that he could not provide the name of \ J

the informant. ( 4 RR 87). The informant provided information that Appellant might be in a particular vehicle. ( 4 RR 88). Deputy Ficke actually filled out the

J inventory report (State's exhibit 15) for the truck. ( 4 RR 89-90). Campbell was in J the back of a patrol car when he showed her the jacket; she had a demeanor "when J you ask somebody a question - or even children, you ask them a question, and they J immediately deny it." (4 RR 91). Again, Campbell was wearing an oversized J jacket. ( 4 RR 91 ). On re-direct, Ledesma stated that he had worked with the confidential J informant before, and he had proved reliable and truthful. ( 4 RR 92). The J infonnant only provided a possible location for Appellant._( 4 RR 92). J On re-cross, Ledesma was aware that the .22 long rifle bullet was found in the size 5 jeans. (4 RR 93). Ledesma was shown State's exhibit~' photo of the .22 J bullet. (4 RR 94). He opined that the bullet in the photo was a .22 long rifle J because of his experience with a .22. ( 4 RR 94). He did not request any ballistic J tests on the revolver or shells. ( 4 RR 95). J Officer Laketh McKinney (Brazos County Sheriffs Department) testified J that he was a detention officer in the jail. (4 RR 96). On August 29, 2012, he supervised Appellant in the jail. ( 4 RR 96). When he told Appellant that he needed J 7 ]

I

j,

to follow the rules, Appellant replied "that he was in jail for not following the l

rules, and he wasn't about to start now." ( 4 RR 97).

J On cross-examination, McKinney agreed that "every word out of this man's [Appellant's] mouth was exactly what he means." (4 RR 99). McKinney noted that it was an ongoing thing for Appellant to not do what he was being asked to do. ( 4

RR 98).

State's exhibit 14 (stipulation that Appellant was the same person convicted of possession of methamphetamine, as listed in the indictment) was admitted. ( 4

RR 99).

] Appellant's evidence during guilt-innocence ] Monishia Campbell stated she was in a relationship with Appellant for ] about two years. (4 RR 113). On February 16, 2012, she and Appellant were arrested. The day before her arrest, she was mad at Appellant and had packed her

J

things; she grabbed whatever clothes and a gun, placed it in a bag and left. ( 4 RR

J

114). On the day she was arrested, she had called Appellant to come pick her up;

J

they got pulled over. ( 4 RR 114). The revolver was hers, and not Appellant's. ( 4 ]

RR 115-116). She did not remember.where she had put the revolver when she left;

j

in the heat of the moment, she just stuffed wherever she could. ( 4 RR 116). She

covered it up because she did not want Appellant to know that she had it; he was a

n j

felon, and she did not want to get him in trouble: ( 4 RR 117).

]

8

]

The jacket in question was Appellant's, but she wore all his jackets. ( 4 RR

] 118). She opined that Appellant did not know that the gun was back in the truck. (4 ] RR 119). She admitted that she had a conviction for possession of crack cocaine out of Galveston County, and she was on probation at the time of her arrest. ( 4 RR ] 120). She was arrested on the Galveston County warrant when they were pulled l

over in Bryan. ( 4 RR 120). Her probation was later revoked, and she did eight

months in Galveston County. ( 4 RR 120). She also had convictions for theft and prostitution. ( 4 RR 122).

] ] During cross-examination, Campbell agreed that she had spoken with the

prosecutor out in the hall the day before she testified. (4 RR 121). During that time, ] she told the prosecutor that she had wrapped the gun in clothes and put it in a black duffle bag with the rest of her clothes. ( 4 RR 126). She also said that the gun was still wrapped up in her clothes and in that black duffle bag when they got pulled

J

over. ( 4 RR 126). Campbell stated that the gun should have been in the duffle bag.

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(4 RR 126). Before theywere pulled over, there was no reason to have the gun out. ] (4 RR 127). 1

Campbell stated that the jacket (State's exhibit 10) was Appellant's. (4 RR

129, 130). Appellant's mother had given the jacket to him a few months before the stop; the jacket was significant because it had survived a fire. ( 4 RR 127). She had told the same thing to Ledesma at the time of her arrest. (4 RR 127, 132).

9 Campbell stated that Appellant was wearing the camouflage jacket when they were anested, not her. (4 RR 128). The jacket (State's exhibit 10) was in the duffle bag in the back seat area at the time of her anest. ( 4 RR 128). Again, she wrapped the gun in . clothes and stuffed it in the duffle bag; she did not stick it in a particular pocket of the jacket. (4 RR 130).

1

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She was not aware that her conversation with Ledesma, after her anest, was videotaped. ( 4 RR 132). She now testified that, when Ledesma asked about the gun, she wasn't really surprised, just scared. ( 4 RR 133). She admitted that she immediately told Ledesma, at time of het anest, "no, no, no, no, no, that's not my

] gun .... " (4 RR 133). She also told Ledesma "That's Hillbilly's [Appellant's] ] jacket, and I didn't know that there was a gun. It's not my gun. It's not my gun." (4 ] RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long ] time?'' (4 RR 134). She testified that, at the time of their anest, she knew Appellant was a convicted felon, and it would be bad for Appellant if he were

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caught witha gun. (4 RR 135). She also told the officer who transported to jail that

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she "had no idea that there was a gun in the car." ( 4 RR 136). 1

On re-direct, Campbell stated that she wasn't completely truthful with

Ledesma because she did not know if she had a wanant for her anest or if she had

J

a felony. ( 4 RR 138). She was not present when the officers inventoried the truck. 1

(4 RR 141).

] 10 State's rebuttal evidence during guilt-innocence Investigator Ricardo Ledesma was recalled. ( 4 RR 144). The entire, unredacted video/audio of State's exhibit 3, showing the stop, was played for the ' - - - · ... l ' , , jury. 5 (4 RR 143-144). It sh~wed Campbell wearing the camouflagejacket. (4 RR 144). Appellant was wearing a black cut off t-shi1i and camouflage pants. (4 RR 145). Appellant was not wearing a jacket at the time of his arrest.· ( 4 RR 145). Again, Appellant told Ledesma that the leather jacket (State's exhibit 10) was not his. ( 4 RR 146). At no time did Campbell ever tell Ledesma that the revolver was hers. (4 RR 146). A few weeks later, Ledesma spoke to Campbell again in the jail; she did not say that the gun in the truck was hers at that time, either. ( 4 RR 147).

Investigator Terry Young stated that the leather jacket was not found inside the black duffle bag that contained all Campbell's clothing. ( 4 RR 155). Investigator Jason Ware stated he was on scene when Investigator Young inventoried the truck; when Young recovered the jacket, it was not removed from any kind ofbag. (4 RR 159).

On cross-examination, Ware said he did not know exactly where in the truck 1 it was at the scene that day." Once she found out she was being videotaped, on redirect, she changed her testimony and said that happened later.

(4RR 143).

11 l l

it was; just that it was in the backseat area. ( 4 RR 159). ]

SUMMARY OF THE ARGUMENT

j

No.1

j

Appellant claims that the evidence is legally insufficient to establish enough

links connecting him to the fireatm. Here, the evidence shows that Appellant , 1

exercised control, management, or care over the revolver.

Nos. 2 & 3

Appellant claims, in his second issue, that the trial court erred when it denied Appellant's motion to suppress evidence following an alleged unjustified stop. However, officers had reasonable suspicion to stop the vehicle Appellant was driving

]

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in order to identify him and his passenger and serve outstanding arrest warrants. ] In his third point of error, Appellant claims that the trial court erred when it ] denied Appellant's motion to suppress evidence following an alleged illegitimate inventory search. Appellant argues that (1) Appellant's father should have been

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contacted to retrieve the vehicle and (2) the inventory did not list every item of l property, and thus, did not comply with the guidelines and procedures of the Brazos J County Sheriffs Department. Texas courts have generally found impoundment to be reasonable when the

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driver was alone when arrested or when passengers could not show they were ]

licensed drivers. Here, both Appellant and Campbell were placed under arrest.

~ 12

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1

]

Both the inventory list and policy were admitted. Although the inventory list 1

did not include every piece of property, there is no evidence in the record that the

l

department's standardized procedures were not followed.

No.4

Appellant argues that trial counsel failed to present the motions to suppress prior to trial; he claims that counsel was ineffective, "in the event that the Court ] determines that the complaints presented in Points of Error Two and Three were ~ J not preserved for review." Because the trial comi properly denied the motions to suppress, trial counsel cannot be held to be ineffective. ] No.5 Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told Appellant that he needed to follow the rules, Appellant replied "that he was in jail for not following the rules, and he wasn't about to start now." Before trial began,

J counsel objected based on relevance and whether its probative value was ] substantially outweighed by the danger of unfair prejudice. However, said ] evidence was properly admitted to show Appellant's intent, which was contested.

STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.1

The evidence was legally sufficient to prove that Appellant

1

intentionally and knowingly possessed the revolver.

In his first point of error, Appellant claims that the evidence 1s legally ] 13 insufficient to support the jury's verdict. He argues that the "State failed to establish l J

enough links connecting Appellant to the frreann." (Appellant's brief, p. 13). Standard of review

The standard for reviewing the legal sufficiency of evidence is whether, ] viewing the evidence in the light most favorable to the jury's verdict, any rational ] trier of fact could have found beyond a reasonable doubt all the· essential elements

J

ofthe offense charged. Jackson v. Virginia, 443U.S. 307, 319 (1979); Skillern v. ] State, 890 S.W.2d 849, 879 (Tex. App.-Austin 1994, pet. refd). The standard of ] review is the same in both direct and circumstantial evidence cases. King v. State, 895 S.W.2d 701, 703 (Tex. Crim. App. 1995). The State may prove its case by

]

circumstantial evidence if it proves all of the elements of the charged offense

] beyond a reasonable doubt. Easley v. State, 986 S.W.2d 264, 271 (Tex. App.-San ] Antonio 1998, no pet.)(citing Jackson, 443 U.S.' at 319). The sufficiency of the evidence is determined from the cumulative effect of all the evidence; each fact in

J

isolation need not establish the guilt of the accused. Alexander v. State, 7 40 ]

S.W.2d 749, 758 (Tex. Crim. App. 1987).

] It is important to remember that all the evidence the jury was permitted, j

properly or improperly, to consider must be taken into account in determining the

legal sufficiency of the evidence. Garcia v. State, 919 S.W.2d 370, 378 (Tex.

] Crirh. App. 1994).

J

14 J l The jury is the exclusive judge of the facts proved, the weight to be given l the testimony, and the credibility of the witnesses. See Tex. Code Crim. Proc. art. 38.04; Alvarado v. State, 912 S.W.2d 199, 207 (Tex. Crim. App. 1995). The jury is

J

free to accept or reject any or all of the evidence presented by either party. Saxton J v. State, 804 S.W.2d 910, 914 (Tex. Crim. App. 1991). The jury maintains the power to draw reasonable inferences from basic facts to ultimate fact. Hernandez v. State, 939 S.W.2d 692, 693 (Tex. App.-Fort Worth 1997, pet. refd).

] Moreover, the reconciliation of evidentiary conflicts is solely within the province of the jury. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex. Crim. App. 1995).

] Under the Jackson standard, the reviewing court is not to position itself as a ] thirteenth juror in assessing the evidence; rather, it is to position itself as a final due-process safeguard insuring only the rationality of the fact finder. Moreno v. State, 755 S.W.2d 866, 867 (Tex. Crim. App. 1988). It is not the reviewing court's duty to disregard, realign, or weigh the evidence. Jd. The jury's verdict must stand

] unless it is found to be irrational or unsupported by more than a "mere modicum"

J

of evidence, with such evidence being viewed in the light of Jackson. !d. The 1 legal sufficiency of the evidence is a question of law. McCoy v. State, 932 S.W.2d 720, 724 (Tex. App.-Fort Worth 1996, pet. refd). Applicable caselaw-knowing possession

Applicable caselaw regarding proof of a knowing possession is found in ] 15

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1

Bollinger v. State, 224 S.W.3d 768 (Tex. App.-Eastland 2007, pet. ref d): l

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We analyze the sufficiency of the evidence to prove possession of a ,l J firearm by a felon under the rules adopted for determining the

sufficiency of the evidence in cases of possession of a controlled substance. Nguyen v. State, 54 S.W.3d 49, 52 (Tex.App.-Texarkana

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2001, pet. refd). The State must prove the following: (1) that the accused exercised actual care, control, or custody of the firearm; (2)

J that he was conscious of his connection with it; and (3) that he possessed the firearm knowingly or intentionally. Id. (citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.l995)).

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2. Possession.

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A person commits a possession offense only if he voluntarily possesses the prohibited item. TEX. PEN.CODE ANN. § 6.0l(a) ] · (Vernon 2003). Possession is a voluntary act "if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to tenninate his control." TEX. PEN.CODE ANN.§ 6.0l(b) (Vernon 2003). The ~tate does not have to prove that the accused had exclusive possession of

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the firearm; joint possession is sufficient to sustain a conviction. Cude v. State, 716 S.W.2d 46,47 (Tex.Crim.App.1986). The State can meet

] its burden with direct or circumstantial evidence, but it must establish that the defendant's connection ·with the firearm was more than fortuitous. Brown, 911 S.W.2d at 747.

] When the firearm is not found on the accused's person or is not in the accused's exclusive possession, additional facts must

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affirmatively link the accused to the firearm. Jones v. State, 963 S.W.2d 826, 830 (Tex.App.-Texarkana 1998, pet. refd} Factors that

]

may establish affirmative links include the following: whether the

firearms were in a car driven by the accused, whether the firearms

] were in a place owned by the accused, ·whether the firearms were conveniently accessible to the accused, whether the firearms were found , in an enclosed space, and whether the accused made any

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affmnative statement connecting him to the firearms. Corpus v. State, 30 S.W.3d 35; 38 (Tex.App.-Houston [14th Dist.] 2000, pet. refd). No set formula of facts exists to dictate a finding of affirmative links

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16 J l J

sufficient to support an inference of knowing possession. Taylor v. l State, 106 S.W.3d 827, 830 (Te~App.-Dallas 2003, no pet.). The affirmative links ordinarily emerge from an orchestration of several factors and the logical force they have in combination. Nguyen, 54

l

S.W.3d at 53.

Bollinger v. State, 224 S.W.3d at 773 -774. Applicable holding-knowing possession of firearm ·

l In Stout v. State, no. 01-11-00773.:...CR, 2012 WL 5457470 (Tex. App.-

J

Houston [1st Dist.] November 8, 2012, no pet.)(not designated for publication) the ] comi found that the defendant knowingly possessed the firearm in question: ]

The State's evidence establishes a number of links between

Stout and the gun. First, Stout was driving the vehicle at the time the

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gun was found. See Bates, 155 S.W.3d at 217 (relying, in part, on evidence that defendant was driver of borrowed vehicle in which gun was found inside compartment under front passenger seat and that other people who had access to vehicle denied knowledge of gun). Second, the other passengers in the vehicle denied that the gun belonged to them, as did the vehicle's owner; there was no evidence tending to contradict these assertions. See id. Third, although Stout did not. own the vehicle, the jury could have inferred that he had a

] greater right to possession of the vehicle than the other two passengers because the vehicle belonged to Stout's mother. l 61 See id.; Bell v.

j State, 356 S.W.3d 528, 533 (Tex.App.-Texarkana 2011, pet. granted) (observing that jury could reasonably conclude that defendant had greater right to possession of vehicle than other occupant because

J

vehicle belonged to defendant's wife or girlfriend). Fourth, Stout was in close proximity to the gun and had access to it from the driver's

J

seat. See Robinson v. State, 174 S.W.3d 320, 326 (Tex.App.-Houston [1st Dist.] 2005, pet. refd) (observing that contraband was

] "conveniently accessible" to defendant whert it was "within the close vicinity of the accused and easily accessible while in the vehicle so as to suggest that the accused had knowledge of the contraband and

6 In this case, the truck, that Appellant was driving, was registered to his father. ( 4 RR 73).

J

He had a greater right to possession ofthe vehicle than Campbell. 17 J exercised control over it."). Stout v. State, 2012 WL 5457470, *2. Discussion

Here, the following evidence shows that Appellant exercised control, management, or care over the revolver: • Both Appellant and Monishia Campbell had warrants for their arrest. ( 4 RR 28, 75). • A marked patrol car was sent in to make the stop of the vehicle. ( 4 RR 31 ). ^[1] j

The truck did not immediately stop. ( 4 RR 32). The truck stopped after an

unmarked police car pulled in front of Appellant's truck, and the driver of

] the unmarked car got out and pointed a weapon. ( 4 .RR 33 ). • Appellant was driving the vehicle, and Campbell was in the front passenger

J

seat. ( 4 R 43; State's exhibit 3). The vehicle was registered to Appellant's ] father. ( 4 RR 73 ). J • The back compartment area (behind the front seats) was a small extended J area. ( 4 RR 3 7). It contained clothing, a cane and a bag with more clothing. (4 RR 38). The bag with clothing appeared to belong to Campbell because it

J contained small women's clothing, and Campbell was "very petite." (4 RR J 38). ] j

18

• A large, black leather jacket (State's exhibit 10) was also in the back compartment behind the seats and was not in the bag of clothing. (4 RR 39). A .22 revolver (State's exhibit 11) was found in the pocket. (4 RR 40).

• Appellant was not wearing ~jacket when the truck was stopped. (4 RR 56). Although it was a cool day on February 16th ( 4 RR 82), Appellant was wearing only a tank top and camouflage pants. (4 RR 43). Inv. Young

] concluded that the jacket belonged to Appellant because it was an extr~ hu·ge ] size and would fit Appellant, as opposed to Campbell. The video of the stop and inventory (State's exhibit 3) also shows Campbell to already be wearing

] a jacket. ( 4 RR 57). · · '"/ ] • At the time of his arrest, Appellant denied owning the jacket (State's exhibit ] 10). (4 RR 86). J • At the time of her arrest, Campbell told Inv. Ledesma "That's Hillbilly's [Appellant's] jacket, and I didn't know that there was a gun. It's not my gun.

J

It's not my gun." (4 RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long time?'' ( 4 RR 134).

• At trial, Campbell confirmed that the jacket belonged to Appellant because his mother had given it to him. ( 4 RR 127). • Campbell testified that, at the time of their arrest, she knew Appellant was a

J

convicted felon, and it would be bad for Appellant if he were caught with a

J

19 ] gun. ( 4 RR 135). She also told the officer, who transported her to jail, that ]

-

she "had no idea that there was a.gun in the car." ( 4 RR 136). ] • When Officer McKinney told Appellant that he needed to follow the rules,

I

Appellant replied "that he was in jail for not following the rules, and he ] wasn't about to start now." ( 4 RR 97). ] • Although Campbell later testified, on behalf of Appellant, that the revolver

J

was hers, said testimony was impeached: );;-- Campbell admitted that she was a convicted felon.(4 RR 120). );;-- Campbell erroneously testified that Appellant was wearing the

] camouflage jacket when they were arrested. ( 4 RR 128).

J

);;-- Campbell erroneously testified that the jacket (State's exhibit 10) J was in the duffle bag in the back seat area at the time of her arrest J (4 RR 128). ]

);;-- She stated that she wrapped the gun in clothes and stuffed it in the

duffle bag; she did not stick the revolver in the jacket's pocket. (4

J

RR 130). ] );;-- Again, the leather jacket was not found inside the black duffle bag J that contained all Campbell's clothing. (4 RR 155, 159). Viewing the evidence in the light most favorable to the verdict, the logical

J

' force from the above links is sufficient for the jury to have concluded beyond a

J

20 l

I I

reasonable doubt that Appellant exercis~d care, custody, control, or management i - over the revolver. See Stout v. State, 201:zl WL 5457470, *2.

I

Appellant first point of error is wit~out merit and should be ove1ruled. I I

STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2 J I The trial court did not err in/ denying Appellant's motion to

I

] suppress evidence where the stop was legal. (4 RR 100-103, 108- i 111). I J STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3 I . ] The trial court did not err in1 denying Appellant's motion to suppress evidence where the resJiting inventory of the vehicle was

I

proper. (4 RR 103-107, 111). j

J

In his second point of error, Appel\ant claims that the trial court erred when it ] l denied Appellant's motion to suppress evidence following an unjustified stop. In his ] I \ third point of error, Appellant claims that the trial court erred when it denied . I I I

~ Appellant's motion to suppress evidence i following an illegitimate inventory search.

I

Because Appellant argues both together, tpe State will respond in kind.

I

Applicable law-standard of review and r~asonableness of stop . I

i In Hurtado v. State, 881 S.W.2d 738, 741-742 (Tex. App.-Houston [1st

I

! I

J Dist.] 1994, pet. ref d), the court held/ that a police officer's initial stop of the I I

defendant's vehicle was valid:

J

i A trial court's ruling on a i motion to suppress will not be set aside absent a showing of abuse /of discretion. Maddox v. State, 682 S.W.2d 563, 564 (Tex.Crim.Appll985); Santos v. State, 822 S.W.2d

I

338, 339 (Tex.App.-Houston: [1st Dist.] 1992, pet. refd). To- ^[1] I 121 I I

] ]

determine whether the trial court abused its discretion, the evidence is

viewed in the light most favorable to the ruling. Daniels v. State, 718

J

S.W.2d 702, 704 (Tex.Crim.App.1986). At the hearing on a motion to suppress, the trial judge is the sole fact finder and, a~ such, may

J believe or disbelieve all of or any part of any witness' testimony. Taylor v. State, 604 S.W.2d 175, 177 (Tex.Crim.App. [Panel Op.] 1980); Santos, 822 S.W.2d at 339. Any finding supported by the

J record will not be disturbed on appeal. !d. ^[1] The stop

J

In his first point of error, appellant contends the trial court erred

J

in overruling his motion to suppress and admitting evidence at trial that was the fruit of an illegal stop.

J Appellant urges that outstanding warrants issued to persons using the dealer's paper license tag were insufficient to provide

J

reasonable~ suspicion that criminal activity was afoot, or that appellant was connected to the activity; therefore, he reasons, the stop was

] illegal. He first argues that because the State failed at the suppression hearing to present any of the warrants, or any information as to who issued the warrants, there was no evidence of reasonable suspicion of

J · criminal activity to justify the investigative stop. ·;:Alternatively, he argues, there was no description of any person to -be arrested under ] any of the ,warrants to justify the seizure of appellant:.~ An officer may briefly stop a suspicious individual in order J to determine his identity or maintain the status quo momentarily while obtaining more information. Haag v. State, 728 S.W.2d 375,

~ 380 (Tex.Crim.App.1987). To justify such an initial detention, the ~ officer must be able to point to specific and articulable facts which, in ·light of his experience or personal knowledge, together

]

with inferences drawn from the facts, reasonably warrant the

intrusion. Id. at 380. The "specific and articulable facts" must objectively support (1) a reasonable suspicion by the officer that some

J activity out of the ordinary is occurring or has occurred, (2) some suggestion to connect the person detained with the unusual activity~

] and (3) some indication that the activity is related to a crime. Id.

J

22 ] Here, Officer Ortiz initially stopped appellant's automobile because his license check through his patrol car computer showed 1 .J there were outstanding warrants for several persons who had . operated a motor vehicle using this particular dealer's tag. Ortiz's

] purpose in stopping appellant was to determine if he was a person nained in any of the outstanding warrants. Ortiz's suspicion that appellant might be a person named on the warrants was reasonable. Ortiz's reasonable suspicion did not need to rise to the level of probable cause to believe appellant was the subject of one or more of the warrants in order to authorize him to stop appellant's car. See Stone v. State, 703 S.W.2d 652, 654 (TeX:~Crim.App.1986).

Appellant does not dispute that Officer Ortiz received infonnation through his computer, as Ortiz testified. "A reasonable suspicion [to justify an investigative stop] may be based on articulable facts, even if such facts are ultimately shown to be inaccurate or false." Kelly v. State, 721 S.W.2d 586; 587 (Tex.App.-Houston [1st Dist.] 1986, no pet.) (police officer had reasonable suspicion to stop based on erroneous information that vehicle was stolen). The fact that

J appellant was not named in one of the outstanding warrants did not retroactively diminish Officer Ortiz's ability to stop appellant's vehicle

J

and determine his identity and whether he was the subject of one or more of the warrants. Here, no warrant was introduced l 7 l because a warrant was not ultimately the basis for appellant's arrest. Having

J

stopped appellant, Ortiz was entitled to, and did, request appellant to present his driver's license and identification.

] TEX.REV.CIV.STAT.ANN. arts. 6687b, § 13 & 6701h, § lB(a) (Vernon Supp.1994 ). By doing so, Ortiz promptly learned that appellant had no driver's license, for which he could be ticketed or arrested. TEX.CODE CRJM.P.ANN. art. 14.01(b) (Vernon 1977). Thus, the initial temporary detention was legal. We overrule appellant's first point of error.

Hurtado v. State, 881 S.W.2d at 741-742. In Rojas v. State, no. 01-94-00550-CR, 1995 WL 134876 (Tex. App.-

J

l

After . making a lawful arrest, an officer may search a J suspect's vehicle for the purpose of taking an inventory. Colorado v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987);

J

Stephen v. State, 677 S.W.2d 42, 44 (Tex.Crim.App.1984); Backer v. State, 656 S.W.2d 463, 464 (Tex.Crim.App.1983). Such a search is

J lawful as a valid exception to the warrant requirement of the Fourth Amendment because the policies behind the warrant 'requirement are not implicated in an inventory search. Bertine, 479 U.S. at 371, 107

J S.Ct. 738. In fact, issues of probable cause are irrelevant because 24

J

l I I I _j

inventory searches are conducted not to investigate criminal activity, J but to protect the owner's prope1iy while it is in police custody to ensure against claims of lost, stolen, or vandalized property and to guard the police from danger. !d. at 371-72, 107 S.Ct. 738; Illinois v.

J Lafayette, 462 U.S. 640, 643-44, 646-47, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983).

l

J

An inventory search is permissible if it is conducted according to a standard administrative procedure and is not J merely "a ruse for a general rummaging in order to discover incriminating evidence." Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct.

J

1632, 109 L.Ed.2d 1 (1990); see also Lafayette, 462 U.S~ at 646, 103 S.Ct. 2605. The State has the burden of demonstrating compliance with its procedure, and its failure to show evidence that the search was

J conducted pursuant to its procedure invalidates the search. Gauldin v. State, 683 S.W.2d 411, 415 (Tex.Crim.App.1984), overruled on other

J grounds, State v. Guzman, 959 S.W.2d 631 (Tex.Crim.App.1998). However, adherence to a procedure, by itself, will not justify an J inventory search if the initial seizure of the vehicle violates the defendant's rights. See Stephen, 677 S.W.2d at 44 n. 1. Before an

J inventory search is lawful, there must first be a lawful impoundment. Daniels v. State, 600 S.W.2d 813, 814 (Tex.Crim.App. [Panel Op.] 1980); Benavides v. State, 600 S.W.2d

J 809, 810 (Tex.Crim.App. [Panel Op.] 1980). An impoundment is lawful if, among other reason~, "the driver is removed from his

J automobile and . placed under custodial arrest and no other alternatives are available other than impoundment to insure the protection of the veh.icle." Benavides, 600 S.W.2d at 811; see also

l Daniels, 600 S.W.2d at 814-15.

_I

J Yaws contends the sheriffs office policy ignored the reasonable

alternative of having his wife come to the scene within fifteen minutes to take possession of his truck. However, Texas courts have generally

J found impoundment to be reasonable when the driver was alone when arrested or when passengers could not show they were licensed drivers. Stephen, 677 S:W.2d at 43-44 (passenger unable to produce

J identification or driver's license); Backer, 656 S.W.2d at 464 (defendant alone when arrested on a public street a-p.d police could not

I J

contact friend for whom defendant requested the car be left); Daniels, 25 J

600 S. W.2d at 814-15 (passengers did not have operators' licenses

and both the defendant's identity and the vehicle's owner were in doubt). Courts have not required police to try to contact a relative or friend of the accused to come to the scene to take possession of the vehicle.

In the present case, there is no indication .that the police

J

were using the inventory search as a pretext for discovering evidence. The officers testified about Bowie County's policy

]

regarding inventory searches and impoundments, and their

adherence to that policy. The officers acted reasonably to protect the truck and its contents. We overrule Yaws' contention.

The trial court's judgment is affirmed. Yaws v. State, 38 S.W.3d at 722 -723.(emphasis added). J Discussion As to the stop, Appellant simply argues that, while Ledesma testified that the

J

C. I. was reliable, he did not corroborate the C.I.' s tip that Appellant was driving a

J

vehicle of that description. (Appellant's brief, p. 21). Here, Young's and Lede~ma's J purpose in stopping Appellant was to execute a valid arrest warrant pending on ]

both Appellant and Campbell. Testimony indicated that Appellant was recognized

as he was driving. ( 4 RR 31 ). Consequently/the _tip was corroborated because the_

J _i arrest warrant was confirmed, and· Appellant was determined to be driving the J vehicle by police. Even so, Hurtado mandates that "[a ]n officer may briefly stop a suspicious individual in order to determine his identity .... " Id. at 741. 8 Thus, the J

J

8 Moreover, law enforcement officers are not required to look the other way and permit a crime to occur or a criminal to escape. Rojas v. State, 1995 WL 134876, *6. J 26 J facts of this case are even stronger than those found in Hurtado, where the reason for the stop was to determine if anyone in the vehicle had any of the outstanding warrants. As in Hurtado and Rojas, the initial stop was legal.

As to the inventory search, Appellant argues that (1) Appellant's father should have been contacted to retrieve the vehicle and (2) the inventory did not list every item of property, and thus, did not comply with the guidelines and procedures of the Brazos County Sheriffs Department. (Appellant's brief, p. 23).

Appellant's initial argument was overruled in Yaws, 38 S.W.3d at 724. ("Texas courts have generally found impoundment to be reasonable when the 1 driver was alone when· arrested or when passengers could not show they were

J

licensed drivers."). In this case, both Appellant and Campbell were placed under

J

arrest and thus, the impoundment was reasonable. Although the inventory list 9 did not include every piece of prope1iy, there is

J

----~---- ...• --- .. . -. -- .. ~- ---·-· . . ·-·· no evidence in the record that the department's standardized procedures were not·. followed. As noted in the policy 10

, it does not require that every item be

J

inventoried -- only "items · of value ·~hall be recorded on the Vehicle Inventory .·.'

J

Report." (6 RR State's exhibit 16, Ill; B., 3)(emph~sis added). Her~·, Young described that the property in the vehicle was inventoried to make sure nothing was

J

j

9 The inventory list was admitted during the hearing as State's exhibit 15. (4 RR 90). 10 The "Inventory Search Policy" was admitted during the hearing as State's exhibit 16. (4

RR 107).

27 .1 l .J

damaged or stolen before the vehicle is towed to a secure location. ( 4 RR 35, 63). ] In this case, the truck was properly inventoried by Young and Deputy Ficke after J Appellant's an;est. (4 RR 36, 38). Compare US. v. Loaiza~Marin, 832 F.2d 867 (5th Cir. 1987):

J

... the agent's failure to complete the inventory forms does not mean J that the search was not an inventory search. Upon discovering the cocaine, the agent turned I;oaiza over to the D.E.A. and therefore had no reason to complete the inve:ptory form. Although the Border Patrol

J

procedures indicate that the forms should have been completed, other courts addressing the same issue ,have concluded that failure to

J compile the written inventory does not render the inventory search invalid. See United States v. Trullo, 790 F.2d 205, 206 (1st Cir.1986); United States v. O'Bryant, 775 F.2d 1528, 1534 (11th Cir.l985). We do likewise.

Id. at 869. J There is also no evidence in the record to support Appellant's contention J that the inventory search was, a "mere pretext for investigation." Young testified l

that the inventory is done "to preserve the person's property in their vehicle, make

sure nothing happens to it, that it's not stolen, damaged, whatever..~." (4 RR 35).

] Young stated that he was not looking for evidence: "we're just going through and J making a list of all the items that are in the vehicle so that we can show that this is what was present in it when it was picked up by the wrecker." ( 4 RR 36). Again, the inventory was properly conducted after both Appellant and Campbell were arrested on valid warrants. See Diltz v. State, 172 S.W.3d 681 (Tex. App.- Eastland 2005, no pet.):

I

48 /

.. .inventory search of defendant's vehicle was· perfonned in accordance with standard police department policy. The officer testified that the police department has a written inventory policy. The officer also testified that, pursuant to police department policy, a wrecker was called prior to the inventory search. The officer further testified that the inventory search was not begun until after appellant was placed under arrest. There is no evidence in the record that the

] department's standardized procedures were not followed. There is also no evidence in the record to support appellant's contention that

] the inventory search was a "mere pretext for investigation." Id. at 685. Appellant's second and third points of error are without merit and should be overruled.

STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4

] Appellant was not denied effective assistance, for allegedly failing ] to timely urge his motions to suppress, where. the trial court properly overruled his motions.

] Appellant argues that trial counsel failed to present the motions to suppress prior to trial 11 ; he claims that counsel was ineffective, "in the event that the Court

J

determines that the eomplaints presented in Points of Error Two and Three were not preserved for review." (Appellant's brief, p. 24). The State adopts its response to points of error two and three, supra, and responds as follows. 11

A trial court's decision to hold a pretrial hearing on a suppression motion is discretionary with the court. Tex. Code Crirri. Proc. art. 28.01, § 1; Calloway v. State, 743 S.W.2d 645, 649 (Tex. Crim. App. 1988). A trial court may elect to determine the merits ofthe motion during trial when the defendant lodges a proper objection. Jd. Even if a pretrial motion to suppress is called

1 to the attention of ~he trial court, no error is presented if the trial court, in its discretion, declines to hear the same. Calloway, 743 S.W.2d at 649. While the court is not required to hear any pretrial motion to suppress evidence, the accused retains his right to raise any appropriate

] objection at trial. Id 29 In order to prove an ineffective assistance of counsel claim, a defendant

J

must show ( 1) by a preponderance of the evidence, that counsel's performance was l j

so deficient that he was not functioning as acceptable counsel under the Sixth

Amendment, and (2) there is a reasonable probability that, but for counsel's error

] or omission, the result of the proceedings would have been different. Strickland v.

J

Washington, 466 U.S. 668, 687-96 (1984); Thompson v. State, 9 S.W.3d 808, 812 ]

(Tex. Crim. App. 1999).

J Appellant's ineffective-assistance claim fails because he did not meet his l

burden under the Strickland test. With respect to the first Strickland prong, to argue J successfully that trial counsel's failure to object amounted to ineffective assistance

J

of counsel, Appellant must demonstrate, at a minimum, that the trial court would J have committed error in overruling the objection in question.· See Ex parte Martinez, 330 S.W.3d 891, 901 (Tex. Crim. App. 2011); Jagaroo v. State, 180 J S.W.3d 793, 800 (Tex. App.-Houston [14th Dist.] 2005, pet. ref d) ("Before this

J

court may conclude counsel was ineffective for failure to make an objection, J appellant must show the trial court would have erred in overruling the objection."). J Appellant has failed to make this showing. Here, counsel objected, and the trial ~

court properly denied the motiqn.

Appellant's fourth point of error is without merit and should be overruled.

J

l

J

30 ]

--,

_j J

r STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5 I _j

The trial court did not err when it admitted extraneous evidence of a statement made by Appellant over relevance and Rule 403

J objections. (4 RR 9-15). J Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told J Appellant that he needed to follow the rules, Appellant replied "that he was in jail J for not following the rules, and he wasn't about to start now." ( 4 RR 97). Before J trial began, counsel objected based on relevance (4 RR 11) and whether its l probative value was substantially outweighed by the danger of unfair prejudice. ( 4

J

RR 12). The trial cou~ overruled the objections. (4 RR 15). Said evidence was J properly admitted to show Appellant's intent, which was contested. J \ Standard of review J The admissibility of evidence, including evidence that may have implicated J an extraneous offense or other bad act, is reviewed under an abuse of discretion standard. See Montgomery v. State, 810 S.W.2d 372, 391 (Tex. Crirn. App. 1990).

J As long as the trial court's ruling is within "the zone of reasonable disagreement," J there is no abuse of discretion. See Rachal v. State, 917 S.W.2d 799; 807 (Tex. J Crim. App. 1996). The trial court is entitled to considerable deference with regard J to its determinations of fact, and so long as it is correct on any theory of law, the trial court's ruling should be sustained. See Romero v. State, 800 S.W.2d 539, 543-

J

31 J 44 (Tex. Crim. App. 1990). Relevance

As noted in Broadnax v. State, no. AP-76207, 2011 WL 6225399 (Tex. Crim. App. December 14, 2011): Only relevant evidence is admissible. [footnote omitted] Relevant evidence is "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."

J

[footnote omitted] Therefore, to be relevant, evidence must be material and probative. [footnote omitted] Evidence is material if it is

] "shown to be addressed to the proof of a material proposition, i.e., any fact that is of consequence to the determination of the action.;,

Broadnax v. State, 2011 WL 6225399, * 11. Discussion-relevance

First, it must be noted that the Appellant provided no argument as to why the statement was not relevant. (Appellant's brief, p. 26). This presents nothing for review. Tex. R. App. P. 38.1(i) (stating that a brief must contain a clear and concise argument supporting the contentions made with appropriate citation to authority and the record); Lockett v. State, 16 S.W.3d 504, 505 n: 2 (Tex. App.- Houston [1st Dist.] 2000, .pet. ref d) (holding that a conclusory statement supported by neither argument nor authority presents nothing for review) ..

In the alternative, the State was required to prove that Appellant possessed the firearm knowingly or intentionally. (CR at 1). See Brown v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1995). Here, Appellant placed his intent at issue when

32 I I

he denied owning the jacket that contained the revolver. ( 4 RR 86). Campbell also testified that she owned the gun ( 4 RR 116), and that Appellant was not aware that the revolver was in the truck. ( 4 RR 119). "The extraneous offense evidence is relevant because it logically makes elemental facts-intent and knowledge-more

· or less probable, and it makes the defense's evidence, attempting to undermine these elemental facts, more or less probable." Swarb v. State, 125 S.W.3d 672, \ 683 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd). Rule403

Tex. R. Evid. 403 provides: "Although relevant, evidence may be excluded . if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence." Tex. R. Evid. 403. "Rule 403 favors admissibility of relevant evidence, and the presumption is that relevant evidence will be more probative than prejudicial." Montgomery, 810 S.W.2d at 3 8 9. "All Rule 403 rulings are subject to three general considerations: 1) the trial judge should exercise his power to exclude evidence under Rule_ 403 sparingly; 2) the trial judge's discretion under Rule 403 is not an invitation to rule reflexively or without careful reasoning; 3) the trial judge may not exclude evidence merely because he disbelieves the testimony." State v. Mechler, 153 S.W.3d 435, 443- 444 (Tex. Crim. App. 2005)(Cochran, J. concurring)(footnotes omitted).

33 J I __j

A Rule 403 analysis regarding unfair prejudice requires the trial court to J balance the following factors: j . 1. the inherent probative force of the proffered item of evidence along with J 2. the proponent's need for that evidence, against 3. any tendency of the evidence to suggest decision on an improper basis,

J 4. any tendency of the evidence to confuse or distract the jury from the main l _j Issues, J 5. any tendency of the evidence to be given undue weight by a jury that has J not been equipped to evaluate the probative force of the evidence, and 6. the likelihood that presentation of the evidence will consume an

I J

inordinate amount of time or merely repeat evidence already admitted. J Gigliobianco v. State, 210 S.W.3d 637, 641-42 (Tex. Crim. J\pp. 2006)(emphasis added).

J Relevant facts-hearing J Concerning the Rule 403 objection, the court heard the following: J Mr. Calvert [prosecutor]: Judge I think we limit the prejudicial effect J by, of course, limiting the conversation to, you know, not a description of what was going on; and we do not talk about any of the escalation that

] happened after that. J The Court: I understand you limit it, but is the limited portion even-.- J Mr. Calvert: I don't believe it is, Judge. J 34 The Court: -- prohibitive of the rules. Mr. Calvert: I don't believe it is, Judge. I think in order for it to be

admissible -- or excuse me, inadmissible, the probative effect has to substantially outweigh any -- or excuse_ me -- the prejudicial effect has to substantially outweigh the probative value.

The probative value in this case is you have a defendant who's in jail on this particular offense, which it's my understanding is- their defense is going to be it was no~ his gun. He didn't even know it was there. It belonged to someone else. And yet under those circumstances and in the context of that defense, you have him telling somebody "I'm in here for not following

} the rules." J (4 RR 14). Discussion-Rule 403

] A balancing of the above Giglio bianco factors shows that the trial court did not abuse its discretion in admitting the testimony concerning Appellant's

J

statement.

J

1. Probative Value -This factor "looks to the evidence's probativeness or how compellingly the ] evidence serves to make a fact of consequence more or less probable." State v.

J

Mechler, 153 S.W.3d at 440. 35 l I ,/

J

Again, the State had to prove the following: (1) that the accused exercised 1 y

J

actual care, control, or custody of the firearm; (2) that he was conscious of his ]

connection with it; and (3) that he possessed the firearm knowingly or

intentionally. Brown v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1995).·The

J

State can meet its burden with direct or circumstantial evidence, but it must J establish that the defendant's connection with the firearm was more than ] fortuitous. Brown, 911 S.W.2d at 747.When the firearm is not found on the 1 j accused's person or is not in the accused's exclusive possession, additional facts . ~ must affirmatively link the accused to the firearm. Jones v. State, 963 S. W.2d 826, ]

830 (Tex. App.-Texarkana 1998, pet. refd). 1 j Here, the revolver was not on Appellant's person. He denied that the jacket ] was his. Campbell recanted what she had told Ledesma at the time of her arrest 1 and, at trial, stated that the weapon was hers and that Appellant was not aware that ~

it was in the truck. Thus, Appellant's statement (thaLhe was in jail for not J following the rules, and he wasn't about to start now} is probative because it l

J

assisted the jury in determining his intent. .He was acknowledging that he was in

J

jailfor an offense where he did not follow the rule-- that a felon cannot posses~ a . . . . ~/LZfi-l7· ~- /A rA·I Jfh!. ~£

·

. . . firearm. Th1s factor we1ghs m favor of adm1ssib1hty. · ·; . /}? 1!. ,r, 'L--- , • ;0 /tf 11-fj r.;J lri//JD/11 r

J

. 2. Need for the evidence J This factor includes a consideration of "whether the proponent has other ] 36 ] evidence establishing this fact and whether this fact is related to a disputed issue." l Mechler, 153 S.W.3d at 441. As noted above, Campbell recan~ed-what s~e had told Ledesma at the time of her arrest and, at trial, stated that the weapon was hers and J ^[1]

that Appellant was not aware that it was in the truck. Appellant's statement was J related to a disputed issue - his intent. This factor also weighs in favor of 1

admissibility ..

1 J Again, the first two factors are weighed against the remaining four factors. ] 3. Unfair prejudice . .. _,.._. This factor looks to whether the evidence has the potential to impress the ] jury in some irrational but indelible way. Mechler, 153 S.W.3d at 440. However, 1

j

Rule 403 does not exclude ·all prejudicial evidence, only "unfairly" prejudicial ] evidence. Id. As discussed above, the evidence of Appellant's statement was relevant and probative of Appellant's intent and knowleqge to commit the offense. Therefore, the evidence is not unfairly prejudicial because it relates directly to the offense charged. See id. at 440-41. 4. Confusion of the issues

] In Mechler, the Court of Criminal Appeals note~ that because the evidence related directly to the charged offense, "a jury could not be distracted away from the charged offense regardless of the time required to present the results." Mechler, 153 S.W.3d at 441.

~

J

37 1

J

5. Misleading the jury l]

This factor addresses whether the jury will be misled by the evidence when

conducting a Rule 403 balancing test. '"Misleading the jury' refers to a tendency J of an item of evidence to be given undue weight by the jury on other than 1 emotional grounds." Gigliobianco, 210 S.W.3d at 641. As noted in Espinosa v. J State, 194 S.W.3d 703 (Tex. App.-Houston (14th Dist.] 2006, no pet.): ] Rule 403 of the Texas Rules of Evidence carries a presumption that relevant evidence must be more probative than prejudicial. Jones v. State, 944 S.W.2d 642, 652 (Tex.Crim.App.1996); Ho, 171 S.W.3d at 301. Evidence should be excluded only when there exists a clear disparity between the danger of unfair prejudice and the probative

] value of the evidence. Jones, 944 S.W.2d at 652. To be unfaiily prejudicial, there must be "an undue tendency to suggest [a] ,decision on an improper basis, commonly, though not necessarily, an emotional one." Rogers, 991 S.W.2d at 266. The jury's lack of familiarity with the interactions between people in jail and those

'] guarding them does not create an undue tendency to suggest the jury will be inflamed by those statements and make a punishment · decision on their emotions, rather than the facts before them.

J Espinosa v. State, 194 S.W.3d at 710. (emphasis added). J 6. Undue delay and needless pres~ntation of cumulative evidence The time to develop the evidence was relatively short; the entire examination J

of Officer Laketh McKinney took approximately four ( 4) pages of the reporter's

1 record. ( 4 RR 96-99). 1

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Weighing all of the factors, while giving deference to the review of a Rule 403 determination, shows that the trial court did not abused its discretion by admitting evidence of Appellant's statement. See Powell v. State, 189 S.W.3d 285, i

38 J J J

289 (Tex. Crim. App. 2006)(holding that probative value of other-acts evidence l

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that defendant was on parole and that fireann was found on ground near driver's side of vehicle was not substantially outweighed by danger of unfair prejudice.).

Appellant's fifth point of error is without merit and should be overruled. PRAYER I J

Wherefore, premises considered, the State of Texas respectfully prays that J the judgment of the trial court be affirmed. l _j Respectfully submitted,

JARVIS PARSONS DISTRICT ATTORNEY

J BRAZOS COUNTY, TEXAS J ~t@ J Douglas owell, III J Assistant District Attorney State Bar No. 10098100

J CERTIFICATE OF SERVICE l

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J I do hereby certify that a true and correct copy of the State's Brief was

mailed to Mary Hennessy, P.O. Box 2536, Brenham, TX 77833 on this 2/ day l

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of ~u'-)

'2013.

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CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 9.4 · ]

I certify that the foregoing document has a word count of 10,007 based

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on the word count program in Word 2003. .

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CASE NO. 10-13-00049-CR ] IN THE COURT OF APPEALS FOR THE TENTH DISTRICT

l AT WACO; TEXAS 1 DAVID DUANE GREER vs. J STATE OF TEXAS ] Appeal from the 272nd Judicial District Court of ] Brazos County, Texas Cause No. 12-03324-CRF-272

J

]

BRIEF OF APPELLANT ] Attorney for Appellant: Attorney for Appellee: Mary Hennessy Jarvis Parsons

J Law Office of Mary Hennessy Brazos County District Attorney P.O. Box 2536 Brazos County Courthouse ] 403 West Alamo Street 300 East 26th Street, Suite 310 Brenham, Texas 77833 Bryan, Texas 77803 Telephone: 979-277-0757 Telephone: 979-361-4320

] Facsimile: 979-277-0030 Facsimile: 979-361-4368 J ORAL ARGUMET WAIVED ] J J J 1 l

NAMES OF ALL PARTIES ] Appellant: David Duane Greer TDC #809333 j 295-IH-45 Huntsville, TX 77320-8443

J

Appellate Counsel: Mary Hennessy State Bar No. 09472300 ]

P.O. Box 2536

Brenham, Texas 77833

] Telephone: 979-277-0757 Facsimile: 979-277-0030 Earl R. Gray Trial Counsel:

J

State Bar No. 24007265 103 N. Main Street ]

Bryan, Texas 77803

Telephone: 979-822-4759

1 :l Appellee: State of Texas Ryan Charles Calvert Counsel:

State Bar No. 24036308 William Lee Ward State Bar No. 24077302 Assistant Brazos County District Attorneys 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-361-4320 Facsimile: 979-361-4368 The Honorable Travis B. Bryan, III

Trial Court: 272nd Judicial District Court 300 East 26th Street, Suite 204 Bryan, Texas 77803 Telephone 979-361-4221 ^[11] J l

TABLE OF CONTENTS l

Names of all Parties ................................................................................ ·ii

l .. Table of Authorities ................................................................................. .iv l

Issues Presented ..................................................... · .................................. vii

l Summary of Argument ............................................................................. vii J Statement of the Case ............................ ; ..................................................... 2 J Statement of Facts ....................................................................................... 3 l Argument. ....................................................................................... ~ ........... 9 J PointofErrorNo.l: ...................................................................... 9

THE EVIDENCE IS LEGALLY INSUFFICrENT TO SUPPORT A CONVICTION FOR 1'HE OFFENSE OF POSSESSION OF A FIREARM BY A FELON

J Point of Error No. 2: ....................................................................... 14 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS

J EVIDENCE FOLLOWING AN UNJUSTIFIED STOP Point of Error No. 3: ...................................................................... 14 J THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH

J Point of Error No. 4: ..................................... , ................................ 24 APPELLANT WAS DENIED EFFECTIVE ASS IT ANCE OF· COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS

J AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH

J Point of Error No. 5: ...................................................................... 26 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY

J APPELLANT J J ^[111]

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Prayer ................................................... ; ........................................ 28 0

Certificate of Service ........................................................................... 28

8 0 0 0 0 ~ 10 0 0 0 0 0 0

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TABLE OFAUTHORITES J CASES: Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) 20

J Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App. 1980) 23 J Bollinger v. State, 224 S.W.3d 768 (Tex. App.- Eastland 2007, pet. ref d) 12 Brooks v. State, 323 ~.W.3d 893 (Tex. Crim. App. 2010) 9

!\

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Brown v. Stare, 911 S.W.2d 744 (Tex. Crim. App. 1985) 13 J Carmouche v. State, 10 S.W.3d 323, 327 (Tex. Crim. App. 2000) 14, 15 Carter v. State, 851 S.W.2d 390\Tex. App.- Fort Worth 1993, pet ref d.) 26,27,28

J Christian v. State, 592 S. W.2d 625 (Tex. Crim. App. 1980) 22 J Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) 11 Daniels v. State, 600 S.W.2d 813 (Tex. Crim. App. 1980) 23

J Davis v. State,93 S.W.3d 664 (Tex. App.- Texarkana 2002, pet. refd 12 J pavis v. ~S~tate, 947 S:W.2d 240 (Tex. Crim. App. 1997) 20 / ,' Edwards v. State, 813 S.W.2d 572 (Tex. App.- Dallas, 1991, pet ref d) 9

J

Evers v. State, 576 S.W.2d 46 (Tex. Crim. App. 1978) 22 J Ex parte Felton, 815 S.W.2d 733 (Tex. Crim. App. 1991) 25 Florida v. Wells, 495 U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990) 23

J Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001). 20 J Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981) 22,23 Grant v. State, 989 S.W.2d 428 (Tex. App.--Houston [14th Dist.] 1999, no pet.) 11 J Hall v. State, 86 S.W.3d 235 (Tex.App.-Austin 2002, pet. refd) 11 J Hereford v. State, 339 S.W.3d 111 (Tex. Crim. App. 2011) 15 v J J

Jackson v. Virginia, 443 U.S. 307 (1979) 9, ll King v. State, 953 S. W.2d 266 (Tex. Crim. App. 1997) 27 Lasterv. State, 275 S.W.3d 512 (Tex. Crim. App. 2009)

11 Mappv. Ohio, 367 U.S. 643 (1961) 19 Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) 10 AfcGoldrick v. State, 682 S. W.2d 573 (Tex. Crim. App. I 985) 13 McMann v. Richardson, 397 U.S. 759 (1970) 24 lvfontgomer.v v. State. 810 S.W.2d 3 72 (Tex. Crim. App 1990) (op. on reh 'g) 27 Aforales v. State, 32 S. W.3d 862 (Tex. Crim. App. 2000) 27 Oli~·er v. U.S'., 466 U.S. 170 (1984) 20 Poindexter v. State. 153 S.W.3d 402 (Tex. Crim. App. 2005) 13 Powell v. Alabama, 287 U.S. (1932) 24 Rojas v. State, 797 S.W.2d 41 (Tex. Crim. App. 1990) 20 South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976) 22 State v. Rudd, 255 S.W.3d 293, (Tex. App.- Waco 2008, pet. refd.) 20 Strickland v. Washington, 466 U.S. 668 ( 1984) 24 Texas v. Griffey, 241 S. W.3d 700 (Tex. App.-Austin 2007) 22 United States v. Muniz-Melchor, 894 F.2d 1430 (5th Cir. [Tex.] 1990) 20 United States v. Martinez, 486 S.W.3d 855 (5th Cir. 2007) 21 Weeks v. State, 894 S.W.2d 390 (Tex. App.-Dallas 1994, no pet.) 25 Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) 9 Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) 11 Woods v. State, 956 S.W.2d 33 (Tex. Crim: App. 1997) 20

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Wong Sun v. US., 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963) 22 ·wright v. State, 603 S.W.2d 838 (rex. Crim. App. 1980) 12

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STATUTES ] TEX. PENAL CODE ANN. § 46.04 l2 TEX. PENAL CODE ANN. § 1.07 12

] TEX. CODE CRIM. PROC. ANN. ART. 38.07 (Vernon 2009) 18 ] RULES J Rule 401, TEX. R. EVID. 26

J

Rule 402, TEX. R. EVID. 26 J Rule 403, TEX. R. EVID. 26 J :] J ] ] ] J Vll . J

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ISSUES PRESENTED . 0 Point of Error No. 1 THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CONVICTION B · FORTHE OFFENSE OF POSSESSION OF A FIREARM BY A FELON Point of Error No. 2 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP

0 '·· Point of Error No. 3 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH

0 Point of Error No. 4 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS

10 AND 10 TlMEL Y OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN Itv,fPROPER STOP AND SEARCH

0

Point of Error No. 5

b THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY APPELLANT

I ~ r

SUMMARY 0}' THE ARGUMENT

Appellant raises three issues for the Court's review. Appellant contends that no rational trier of facts could have found beyond a reasonable doubt that Appellant ~ 0 intentionally or knowingly possessed a firearm and that the evidence in support of the I r

conviction is legally insufficient and the case should be reversed and an acquittal entered.

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Appellant also contends that the trial court erred in denying Appellant's challenge

to the stop of the vehicle he was driving. The stop resulted in a search of the vehicle that yielded the firearm that Appellant was convicted of unlawfully possessing. Alternatively, u Vlll I ~

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in the event the Court determines that Appellant's challenge to the search was waived, J Appellant complains that he was denied effective assistance of counsel due to trial counsel's failure to properly and timely urge the Motion to Suppress.

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IX J -0 0 n

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: COMES NOW David Duane Greer, Appellant, by and through his attorney of record, 0

Mary Hennessy, and files this brief on appeal.

0 0 STATEMENT REGARDING ORAL ARGUMENT

Pursuant to TEX.R.APP.P.38.1(e), Appellant does not request oral argument. Although 0

this is a meritorious appeal of a criminal case, Appellant believes that the facts and legal

0

arguments are adequately presented in this brief and docs not believe the Court would be

significantly aided by oral argument.

0 0

SUMMARY OF THE ARGUMENTS Appellant was charged and convicted of possession of a firearm by a felon. Appellant brings five grounds of error for the Court's review. Appellant in his first point complains that the evidence presented against him at trial was insufficient to support the jury's verdict of guilt against him because no rational fact finde:- could have found beyond a reasonable doubt that he intentionally or knowingly was in possession of the firearm found in the vehicle he was driving.

His next points, numbers two through four, challenge the search of the vehicle he was driving that was stopped and searched. Specifically, Point of Error Two asks the Court to review the justification behind the initial stop. The vehicle Appellant was driving was stopped as a result of a tip from a confidential informant that Appellant, who was the subject of an arrest warrant, would be in the vehicle. The tip contained no informatiori other than that one fact and there was

1 1 l

no corroboration by law enforcement that Appellant was, in fact, in the vehicle before it was J stopped. Appellant also complains that the warrantless search that ensued was unconstitutional. ~

The State justified the search as an inventory search. However, the State failed to establish that

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an inventory search was necessary, since the vehicle was owned by Appellant's father and law enforcement mad no attempt to contact him to come retrieve the vehicle. And, the officer

1 conducting the inventory did not follow the procedure established by the Brazos County J Sheriffs Department for an inventory search. Appellant also asks that if the Court should determine that trial counsel did not timely ~

urge the motion to suppress, that the Court find he was denied effective assistance of counsel.

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Finally, Appellant complains that the trial court erred in overruling his objection to a

statement he purportedly made to a jailer that he contends was not relevant to any issue in ] dispute, or, if found relevant, that its prejudicial effect far outweighed its probative value. J STATEMENT OF THE CASE J Appellant was indicted on July 12, 2012 for the offense of possession of a firearm by a J felon, alleging that, on or about February 16,2012, Appellant did then and there, having been }

previously convicted of the felony offense of Possession of Methamphetamine intentionally and

knowingly possess a firearm before the fifth anniversary of the defendant's release from

~ community supervision or parole. The indictment also contained two enhancement paragraphs. (C.R. 1).

i] Trial was to the jury commencing on November 14,2012. (C.R. 79). Appellant was· ]

convicted on November 14, 2012. Punishment was to the Court and on January 27, 2012,

}

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Appellant was sentenced to thirty years confinement in the Texas Department of Correction- D Institutional Division. Appellant gave timely Notice of Appeal. 0 0

STATEMENT OF FACTS 0

Terry Young, an investigator for the Brazos County Sheriff's Department, testified that

0 on February 16, 2012, he participated, along with other members of the Criminal Investigation Division and some uniformed officers, in the execution of arrest warrants for David Greer and

0 Monishia Campbell in Bryan, Texas. Mr. Greer and Ms. Campbell were in a black Ranger pickup and were pulled over by patrol officers, detained at gunpoint and arrested. (R.R. Vol. 4, pp 26-32).

Subsequent to the arrest, Deputy Young conducted a vehicular inventory search. He described the vehicle·as an extended cab Ford Ranger pickup with a passenger compartment that had a small, extended area behind the seats. In the cab, he found "All kinds of clothing, just various items, a cane, a bag that had a lot more clothing in it." (R.R. Vol. 4, 36-38). He testified: Q: The clothing that was in the bag, did it appear to belong to Mr. Greer or Ms. Campbell? A: It appeared to belong to Ms. Campbell. Q: Why do you say that? A: Most of it was women's clothing, and it was very small.. Q: Okay. And, Ms. Campbell is a little girl, right? A: Yes, she's very petite. Q: With regard to the- well, did Ms. Campb-::11, for example, did she have a purse in there? A: Yes. · Q: So, it would be fair to say that some of the sniff- some of the items that were in the cab of the trunk clearly were associated with Ms. Campbell, ri~ht? A: Yes, sir.

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Q: And others were clearly not. Would that be fair? A: Yes, sir.

J (R.R. Vol. 4, 3 8). Deputy Young testified that he recovered a large, black leather jacket in the back J

compartment area behind the seats, just lying with the rest of the items. It was not in the bag of J \\{gat he referred to as Ms. Campbell's clothing. He found a .22 revolver in the pocket ofthe :,;'~:;, j~~k~t. (R.R. Vol. 4, 39-40).

J He further testified that Appellant was wearing a tank top and that a lot of the officer's J seen in the video were wearing jackets. Ms. Campbell was also wearing a coat. (R.R. Vol. 4, 43- J 44). He was unsuccessful in his attempt to find usable fingerprints on the revolver. (R.R. Vol. } J

4, 47). 1 J He further testified that he found a .22 long rifle bullet in the pocket of a pair of Ms. Campbell's jeans found in a duffle bag. (R.R. Vol. 4, 49-50). :1 !I lJ

Deputy Young opined that the .22 long rifle bullet could not be used in the .22 revolver, which is chambered only for a .22 short bullet and a .22 short is substantially shorter. (R.R. Vol. 4, 50).

J Using 3 bullets, of the same type he stated were found in the jeans, Deputy Young testified that, while they could be loaded in the chamber of the .22 revolver, the chamber could not rotate to the proper point and would not fire. (R.R. Vol. 4, 51-52, 55).

The actual bullet recovered from the jeans pocket _was returned to Ms. Campbell, as it was not illegal to possess such. (R.R. Vol. 4, 52-53). The revolver was loaded at the time it was discovered. (R.R. Vol. 4, 53).

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Deputy Young said the basis for his belief that the jacket belonged to Appellant was, as l

follows:

A: The fact that the jacket is an extra large size, an9 that would be about the right size to fit the defendant, being quite a bit bigger than what Ms. Campbell was.

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Q: Okay. As I think you showed us in the video earlier, Ms. Campbell was earlier wearing a

jacket. A: Yes, sir. She was. (R.R. Vol. 4, 57).

On cross, Deputy Young agreed that the truck was disorganized and that there was a lot J of stuff "everywhere':. (R.R. Vol. 4, 60). No pictures were taken of the interior of the cab of the truck prior to the search. And, Investigator Young could not remember precisely where the jacket was found in the back compartment and agreed that there may have been other clothes on top of the jacket. There was no identifying information in the jacket. (R.R. Vol. 4, 60-61).

Deputy Young further testified on cross, that there is, in addition to the .22 short bullet u

and the .22 long rifle bullet, a .22 long shell that falls between the other two in size. He

acknowledged that a .22 long bullet would likely fit the revolver. (R.R. Vol. 4, 60-61 ).

J The following was aaduced on cross regarding the bullet found in Ms. Campbell's jeans: j

Q (Mr. Gray): ... you did actually try to place the .22 long rifle shell in the -- in the chamber of

this particular gun; is that right? A. We did with counsel, yes.

J Q: Okay. And then- we won't do it in front of the jury, so we're not loading the pistol in the courtroom, but fair to say it wouldn't rotate? A: Correct. Q: Okay. Now, you would agree with me it just protruded by a hair. It wasn't that much, right? A: That is correct. Q: Okay. Would you, therefore, agree with me that a .222 long would likely fit in there, in that particular chamber as it would be a little shorter? A: Yes, you're right. It probably would. Okay. And as to that .22 caliber shell that was fow1d in the size 5 jeans, that was not collected; is that correct?

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A: That is correct. Q: Okay. We have a photo of it, but we don't have the shell; is that fair to say?

J A: That's correct, sir. Q: Okay. And there's not really- I tried to blow it up. There's really no marking or indications that I could see as far as a brand or anything of that nature. Is it at least possible that that could have been a .22 long, that shell? A: I don't believe it was, sir. Q: But is it possible?

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A: I don't think so, sir.

Q: Why is that? A: I've had a lot of experience with .22s, and my personal belief is that it's a long rifle.

J Q: You'd agree with me though, that if we actually had it here, that would be the better option, correct? A: Yes sir.

J (R.R. V ol.4, 65-66). In addition, Deputy Young acknowledged that the gun could have been swabbed in l cJ different key areas, such as the trigger, hammer and handle, and sent, along with Appellant's and J Ms. Campbell's samples, to determine a possible match. He admitted this had not been done. The shells inside the chamber were not subjected to DNA analysis either, Nor were the shells

J dusted for fingerprints. J (R.R. Vol. 4, 67-68). Deputy Young confirmed that the jacket Ms. Campbell was wearing as captured on the :)

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video, was oversized. (R.R. Vol. 4, 71). J The registered owner of the vehicle driven by Appellant was Kenneth Greer, Appellant's father. (R.R. Vol. 4, 72-73). J Ricardo Ledesne, a Brazos County Sheriffs Department investigator, testified that, while J on duty on February 16, 2012, he received a call from a confidential informant and, based upon the call, began looking for Appelhnt and Monishia Campbell in a particular vehicle with the

J intent of executing arrest warrants. (R.R. Vol. 4, 78-80). J 6 J J ]

The weather was cloudy and cool and Investigator Ledesne was wearing a windbreaker and he recalled that Ms. Campbell was weariag a red shirt and a camouflage jacket. (R.R. Vol. 4, J 82). J As part of his involvement in the investigation, he spoke with Ms. Campbell and, when J the gun was found, took the jacket over to her to question her about who owned it. He said she looked surprised and shook her head no. He further testified that Appellant denied the jacket was J his. (R.R. Vol. 4, 83-86). J On cross, Investigator Ledesne confirmed that Ms. Campbell was wearing an oversized jacket. He also offered his opinion that the picture of the bullet found in the small jeans was from J a .22 long rifle and said that it would not fire from a .22 revolver. (R.R. Vol. 4, 91-95). ]

Leketh McKinney, a Brazos County Sheriffs Department jailer, testified regarding an

exchange he said he had with Appellant in the jail in August of 2013. Wherein, according to J Deputy McKiney, upon being instructed to follow the rules, Appellant said that he "was in jail J for not following the rules and wasn't about to start now." (R.R. Vol. 4, 96-97). After the State rested, Appellant urged his Motion To Suppress, which was denied. J Defense called Monisha Campbell, who identified herself as being Appellant's live-in J girlfriend at the time of the arrest. She stated that she and Appellant had fought the day preceding the arrest and as a res.ult she had intended to move out. She testified, that: I grabbed whatever clothes and items I could grab, and I grabbed a gun and placed it in my bag and left. (R.R. Vol. 4, 110-114).

According to Ms. Campbell, the jacket inside of which law enforcement claimed to have found the gun, was not hers, but she thought she may have taken it into her possession in the rush to gather her property. (R.R. Vol. 4, 115).

7 :1 Ms. Campbell testified that she was certain that Appellant had no knowledge of the gun, as she kept its existence from him due to the fact that he was on parole. Her reason for having the

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gun was for self-defense because she had been the victim of a kidnapping and a rape and her j

assailant was out on bond. She testified that she was on probation out of Galveston County for

possession of cocaine at the time of the incident and was later revoked. She also admitted to theft

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and prostitution convictions. (R.R. Vol. 4, 115-121, 140). 1

On cross, Ms. Campbell stated that she had believed she would have wrapped the gun up

l in clothes when packing to leave, and, when pressed, said she had a vague recollection of doing so. She further stated that the jacket in question did belong to Appellant and she told Officer

J

Ledesne at the scene that it was 'Hillbilly's' jacket, referring to Appellant. She agreed with the J prosecutor that, if Appellant was unaware of the gun in the pocket, he would have no reason to deny ownership ofthejacket. She admitted that she had not accepted ownership ofthe gun when

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questioned at the scene by Officer Ledesne and then again claimed it was not hers, when J questioned in the patrol car by Deputy Belew. (R.R. Vol4, 127-136). Her explanation, given on redirect, for not being truthful at the scene regarding her

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ownership. of the weapon was that she was concerned about her probation. (R.R. Vol. 4, 137- 139).

After the defense rested, Detective Ledesne was called in rebuttal and a video was played that showed Appellartt in custody at the scene wearing no jacket, denying ownership of the black jacket and claiming ownership of the camouflage jacket. (R.R. Vol. 4, 144-146).

·"l On re-cross, after the playing of the scene video for the jury, Detecitve Ledesne, acknowledged Ms. Campbell did sigh when asked about ownership of the jacket, despite his earlier testimony to the contrary, (R.R. Vol. 4, 150).

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Upon being recalled, Investigator Young testified that the black jacket containing the gun was not in the duffle bag. (R.R. Vol. 4, 154-155). He, again, on cross admitted he did not recall J exactly where in the back of the cab the jacket was found and could not say if it was on or under J the other clothing. (R.R. Vol. 4, 155-156). Jason Ware, a Brazos County Sheriffs Department investigator, testified that he saw J Invest[gator Young recover the black jacket from the vehicle. He could not say exactly from J where Investigator Young found he jacket, but he did not believe it was in a bag full of other J stuff. (R.R. Vol. 4, 159). I POINT OF ERROR NUMBER ONE J THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE VERDICT OF GUlL T BECAUSE A RATIONAL JUROR COULD NOT HAVE FOUND BEYOND A REASONABLE DOUBT

J THAT APPELLANT WAS IN POSSESSION OF A FIREARM. J STANDARD OF REVIEW · In conducting a sufficiency review, the Court views the evidence in the light most ~

favorable to the verdict and determines whether any rational trier of fact could have found the

essential elements beyond a reasonable doubt. Brooks v. State', 323 S.W.3d 893, 899 (Tex. Crim. App. 2010); Jackson v. Virginia, 443 U.S. 307, 319 (1979). The standard 1s the same for both direct and circumstantial evidence. Edwards v. State, 813 S. W.2d 572, 575 (Tex. App.- Dallas, 1991, pet ref d). In evaluating a legal sufficiency challenge, the issue is not whether the court believes the State's evidence or believes the defense's evidence outweighs the State's evidence. Wicker v. State, 667 S.W.2d 137, 143 (Tex. Crim. App. 1984). The verdict may not be ·

J overturned unless the verdict is irrational or unsupported by proof beyond a reasonable doubt. 9

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Matson v. State, 819 S.W.2d 839,846 (Tex. Crim. App. 1991). 0

Facts Relevant to Pointo[Error One

Appellant's challenge to the sufficiency of the evidence presented at trial is directed at 0 the issue of whether or not Appellant was intentionally or knowingly in possession of the firearm D found in the search of the vehicle that he was driving. The relevant evidence is as follows: The vehicle was in complete disarray with stuff everywhere. (R.R. Vol. IV, 60).

0

There was no evidence that the gun would have been apparent to Appellant, as no pictures were

taken demonstrating where property was located before the search. (R.R. Vol. IV, 60-61, 159). There was no evidence that it was found in clos~ proximity to Appellant 'or that he could have

0

reached it while driving. (R.R. Vol. IV, 60-61, 159).

The vehicle was not owned by Appellant but by his father, Kenneth Greer. (R.R. Vol. IV, 72-73). There was no forensic evidence that connected Appellant with the firearm. (R.R. Vol. IV, 61, 67-

D 68). The testimony was that law enforcement's attempt at lifting fingerprints from the firearm was ··<: unsuccessful and no attempt was made to print the shells found inside the firearm. (R.R. Vol. IV,

0

67-68).

Despite acknowledging that DNA could well have yielded evidence of who had handled the weapon, such testing was not done. (R.R. Vol. IV, 68). .

0

Law enforcement had sent a request to the A TV to determine history of the firearm, but had done

so just before trial and had net yet received the information. (R.R. Vol. IV, 72).

0 The firearm was foun"d in the pocket of a men's large jacket. (R.R. Vol. IV, 39-40). Appellant was not wearing a jacket and the weather was cool and some of the people on the scene were wearing jackets. (R.R. Vol. IV, 57, 82). · Ms. Campbell was wearing a large man's jacket when stoppe(;i. (R.R. Vol. IV, 71,91). A .22 bullet was found in the pocket of a pair ofMs. Campbell's jeans, that Officers opined was a long bullet and would not have be~n.usable in the .22 pistol. The bullet was not available to the jury as it has been released. (R.R. V~l IV, 49-50). ,~'l Ms. Campbell testified that the firear!n was._hers and she had obtained it as protection after being the victim of a kidnapping and rape case and her accused assailant was released on bond. She testified that Appellant had no knowledge of it, as she had carefully hidden it from him .. Her explanation for its presence in the vehicle was that she and Appellant, with whom she \y~s living, had argued the day before the arrest and she had gathered all her belongings.up in a hurry and' loaded them in the truck. (R.R. Vol. IV, 110-121 ). / Ms. Campbell testified that the jacket containing the bullet had been a gift toAppellant from his mother. At the scene, she told officers that it belonged to "h~llbilly," her nickname for Appellant. (R.R. Vol. IV, 127-136). ·, • At the scene, Ms. Campbell denied ownership, or any knowledge, of the firearm. The explanation she offered was that she was concerned about it possibly being a violation of her probation. (R.R. Vol. IV, 144-146) When questioned at the scene, Appellant denied owne~ship of the jacket. (R.R. Vol. IV, 83-86)

10 ] l 1

ARGUMENT AND AUTHORITIES Evidence is insufficient to support a conviction if considering all the record evidence in J the light most favorable to the verdict, no rational finder of fact could have found that each essential element of the charged offense was proven beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307,319,99 S. Ct. 2781,2789,61 L. Ed. 2d 560 (1979); Laster v. State, 275 S.W.3d 512, 517 (Tex. Crim. App. 2009); Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007). Viewed in the light most favorable to the verdict, the evidence is insufficient under this standard in two circumstances: (1) the record contains no evidence, or merely a "modicum" ·of evidence, probative of an element of the offense; or (2) the evidence conclusively establishes a

. ;l: reasonable doubt. Jackson v. Virginia, 443 US. at 314; Laster v.~tate, 275 S.W.3d at 518; Williams v. State, 235 S.W.3d at 750.

In conducting a sufficiency review, the appellate court considers both direct and circumstantial evidence and all reasonable inferences that may be drawn there from in making its determination. Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). An appellate court determines whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict. I d.

Proof amounting to a strong suspicion or a probability of guilt will not suffice to establish guilt beyond a reasonable doubt. Hall v. State, 86 S.W.3d 235, 240 (Tex.App.-Austin 2002, pet. ref d). The proof must generate more than a strong suspicion or even a probability. Grant v. State, 989 S.W.2d 428,433 (Tex. App.--Houston [14th Dist.] 1999, no pet.). Appellant challenges the sufficiency of the evidence on the element of knowing or intentional possession.

To prove possession of a firearm by a felon, the State was required to show that 11 D 0

Appellant intentionally or knowingly possessed the firearm. 0

TEX.' PENAL CODE ANN.§ 46.04.

Possess" means care, custody, control, or management. D TEX. PENAL CODE ANN. §1.07. D The jury was properly charged, in part, that in order to convict, they must find as follows: .. beyond a reasonable doubt that on or about the 16th day of February, 2012 in Brazos County, 0

Texas, the defendant, David Greer, did then and there having been convicted of the felony

offense .... intentionally or knowingly possess a firearm.

0

The charge correctly defined intentionally and knowingly, as follows:

A person acts intentionally, or with intent, with respect to the nature of his conduct or to a 0

result of his conduct when it is his conscious objective or desire to engage in the conduct or

cause the result.

0

A person acts knowingly, or with knowledge, with respect to the nature of his conduct or

to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

D (C.R.46-4 7). 0 To support a conviction for possession of a firearm, the state must show ( 1) that the accused exercised care, control, or custody of the firearm, (2) that the accused was conscious of 0

his connection with tli.e firearm, and (3) that he possessed the firearm knowingly or intentionally.

0 Davis v. State, 93 S.W.3d 664, 667 (Tex. App.- Texarkana 2002, pet. ref' d). The State must establish that the defendant's connection with the firearm was more than just fortuitous .

. 0 Bollinger v. State, 224 S.W.3d 768, 774 (Tex. App.- Eastland 2007, pet. ref' d). 0

The State is charged with rhe burden of proving each essentiat element of the charged

otiense beyond a reasonable doubt. Wi-ight ''· State. 603 S. W.2d 838, 840 (Tex. Crim. App. 0

1980).

0 0

12 0

I

] l

In viewing the evidence, detailed above, in the light most favorable to the verdict," the evidence was insufficient to support the jury's finding, implicit in its verdict, that Appellant was J responsible for placing the gun inside the jacket. The State failed to establish enough links J connecting Appellant to the firearm. Futiher, the testimony of Monishia Campbell conclusively J established reasonable doubt. \Vhen the accused is not in exclusive possession or control of the place where the J contraband is found, it cannot be concluded that he has knowledge of or control over the J contraband unless there are additional independent facts and circumstances linking him to the contraband. Poindexter v. State, 153 S. W.3d 402 at 405 (Tex. Crim. App. 2005). As with <my J element of the offense, an accused's knowledge or control of the contraband may be established J by circumstantial evidence. ld at 405-406; McGoldrick v. State, 682 S.W.2d 573, 578 (Tex. Crim. App. 1985). However, the evidence must establish, to the requisite level of confidence, that the accused's connection with the contraband was more than just fortuitous. Poindexter. 105 S.W.2d at 406; Bro-wn v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1985).

The State will likely argue that the testimony that Appellant denied ownership of the jacket proves to a sufficient degree that he knew the firearm was inside. As argued by defense counsel, when confronted with such a question, Appellant would certainly have understood that

.".J

l J the question was being asked because something had been discovered in the jacket. While his statement might reasonably caused suspicion, it surely does not rise to level of proof beyond reasonable doubt.

A review of the evidence as a whole makes clear the necessity for the Court to reverse the judgment of the Court and enter an order of acquittal in order to prevent manifest injustice. When the record is considered in its entirely, the evidence is insufficient to support a finding

13 0 Q

beyond a reasonable doubt by a rational fact-finder that Appellant's connection with the firearm 0

was conscious and that his possession of the firearm was knowing or intentional.

0

POINT OF ERROR NUMBER TWO

0

THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO

0 SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP ·D POINT OF ERROR NUMBER THREE 0

THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO

0 SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY

SEARCH

0

The factual basis and legal authority relevant to points of error numbers two and three

0 being substantially the same, the points are discussed jointly herein in the interest ofbrevi~y.

STANDARD OF RE:VIEW

0 The standard of review of a Trial Court ruling on a Motion to Suppress is abuse of discretion. In D reviewing the Trial Court's ruling, the AppeEate Court applies a bifurcated standard of review. The reviewing Court gives almost total deference to the Trial Court's determination of historical

.0 facts, while conducting a de novo review of the Trial Court's application of law to those facts. !o (. Carmouche v. State, 10 S.W.3d 323,-327 (Tex. Crirn. App. 2000). 0 If the Trial Court's findings are supported by the record,. a reviewing Court will not disturb them and will only address questions of whether the Trial Court improperly applied the 0

law to the facts. Absent explicit findings of historical fact, the evidence is viewed in a light most ·

I 0

14

b

I

n 0

favorable to the Trial Court's ruling. Carmouche v. State, 10 S.W.3d at 327. In the instant case, 0

there were no findings of fact or conclusions of law requested. Therefore if any theory supports

. the court's overruling of the Motion To Suppress then there is no error. n

The AppeLlate Court in reviewing pure questions of law and mixed questions of law and

0

fact that do not depend on credibility determinations do not afford the trial judge the same degree

of deference as is afforded in the trial court's factual findings. Such topics might include

0

determinations of reasonable suspicion or probable cause as well as other applications of the law

0 of search and seizure. An appellate court reviews these questions de novo. Hereford v. State, 339 S. W.3d 111 (Tex. Crim. App. 2011 ). 0

Procedural history underlying suppression motion

0

Appellant filed three separate motions to suppress the evidence seized in the search of the

vehicle: 0

/

Defendant's Motion To Suppress (Invalid Seizure/Arrest/Restraint/Detention Without 0

Warrant), specifically attacking the initial seizure of Appellant (C.R. 15-17).

0 Defendant's Motion To Suppress (Search ofPerson And/Or Personal Belongings Without Warrant), specifically attacking the search of Appellant's person and personal property without a· 0

warrant or otber exigent circumstances (C.R. 13-14).

[J Defendant's Motion To Suppress (Search of Person And/Or Personal Belongings Without Warrant), specifically attacking the search of the vehicle that resulted in the seizure of the 0

firearm following the seizure and detention of Appellant (C.R. 18-19).

0

It is clear that trial counsel had notified the Court prior to commencement of the trial that

he was moving to suppress the evidence on both the grounds that the initial stop was unlawful 0 and that inventory search was improper, as evidenced by the pretrial discussion that ensued when Q 15 0 0 0

the State offered into evidence outside the presence of the jury, arrest warrants for Appellant and 0

Monishia Campbell and Appellant's trial counsel objected:

THE COURT: I don't understand. Why are you offering these warrants?

0

MR. CALVERT: Judge, Mr. Gray said yesterday that he was moving to suppress the evidence in

this case. based upon·- what he told the Court yesterday was based upon the detention and the subsequent .inventory search, and that was what he advised the Court, and that was what he you

0

know, advised us. That he's challenging the initial detention.

The sole basis for th~initial detention was those warrants. It wasn) a traffic stop. They didn't see lilm speeding~They were out there specifically to - the Sheriff's off1ce was out there D specifically to execute those warrants on those two individuals. r .. -~ THE COURT: Uh-huh. MR. CALVERT: They located them driving the vehicles, and that was the one and only reason

0 they stopped them. .,.,, THE COURT: And your not offering these in front of the jury, just for the purpose- ,~~~ .... MR. CALVERT: Just for record purposes, just fro purposes of the motion to suppress.

0

THE COURT: Yeah.

MR. GRAY: Judge, you know, we- I am going to- I'm not going to allow hearsay to come in. I am going to object o hearsay. If an officer is talking about what other. officers said in regard to

0 the stop. But I'm not attacking the validity cf those arrest warrants. That's not where I'm going at all. THE COURT: You're attacking the existence ofthe- or the-

0

MR. GRAY: The arrest warrants? No, not at all. Just the basis for the stop. I mean, just because

an arrest warrant existed, b=how did the officer find out that information? Was he told on the

0 street? Did he get it from dispatch? Was it- THE COURT: Alright. MR. GRAY: --triple hearsay. Because those kind of things I will object to.

D THE COURT: I'm going to overrule your objection. (R.R. Vol. IV, 18-19).

0

Subsequently, during the case in chief, the State offered into evidence the firearm and the

jacket in which it was found and Appellant's trial counsel stated: 0

No additional objections other than what we talked about earlier, Judge.

At which point both exhibits were admitted before the jury.

0

(R.R. Vol. IV, 40-41).

Then, when the State rested, Appellant's trial counsel urged his motion to suppress:

0

MR. GRAY: Judge, the State has rested, and they have concluded their presentation of the

evidence in the case-in-chief. ·

D 0

16 u 0 0

Judge, at this point, we would urge our suppression motion. It was timely filed, and the law is such that we can carry that into the trial for judicial economy, and that's what we did. But 0

this is the proper junction to urge that motion.

A couple of things, Judge, the- we believe that the basis of the stop was an illegal stop. It was not based upon any traffic offense or any offense whatsoever that was seen by any of the 0

officers. There's no testimony as to that.

, Investigator Ledesma had indicated that the information that they received linking them

. to my client and Monishia was that there was a description that they were -- and that they were 0

.in this vehicle, and tlrey were driving this particular vehicle.

. . The problem we run into, if this was a identifiable person, if even Dispatch had a name or a .phone number or an address, somewhere where we CO'.lld talk to this person, we could

[l

potentially determine their veracity, whether they're telling he truth or not. Just the generalized

statement that this is a reliable confidential informant, I don't think that gets us there.

Trial counsel argued to the Court that the only evidence tying the arrest warrants to the 0

vehicle that was stopped was the informant saying they would be in the vehicle. Pointing out for

the Court that the officers did not identify Appellant as being in the vehicle before stopping it, the officers were not able to sec: in the tinted windows, officers did not have a license plate

0 number, and in fact, had nothing to hang their hats o o·~her than the confidential informant's tip. (R.R. Vol. IV, 100-102).

0

Appellant's trial counsel further argued to the Court that the search of the vehicle without

0

warrant could not be justified on the basis of an inventory search. The rationale being that it was

0 not a full inventory search as required by department policy, rather it was a pretext investigatory ,; ..... search. (R.R. Vol. 104-1 06). 0

-~

The Court denied the Motion To Suppress. (R.R. ""oi. IV, 111). to •. u

Facts relevant to legality o(stop

As set out above in the Statement of Facts, only two officers testified regarding the stop 0

-~'

;1.5,( and search of the vehicle, Office Terry was called to describe his duties assisting Deputy Ficke .. 0 with the inventory search of the vehicle App'ellant was driving, and his discovery of the firearm. On the issue of the initial stop, Officer Terry testified that there were at least six officers 0 with the Criminal investigation Division in at least six vehicles, plus a number of marked D vehicles, involved in the execution of the arrest warrants for Appellant and Ms. Campbell. (R.R. u 17 [J Vol. IV, 29-30). Some ofthe officers got out with weapons drawn pointed at the truck Appellant was stopped in. (R.R. Vol. IV, 33).

1

On direct, Officer Terry testified, when asked if the officers were able to identify

1

Appellant and Ms. Campbell in the vehicle, that, "we were." (R.R. Vol, IV, 31). However, on

1

cross, Officer Terry stated that he was a block or so behind everybody else when the stop

occurred. He also confirmed that if the vehicle had tinted windows it would be difficult tQ

]

identify occupants from the side of the vehicle. (R.R. Vol. IV, 58, 76).

In regard to the initial stop, Investigator Ledesma testified that he received a phone call J

from an informant after which he started looking for vehicle with David Greer and Monishia

~

Campbell, who had outstanding arrest warrants. Investigator Ledesma testified that he was

~

involved in the stop, but was "a pretty good distance back." (R.R. Vol. IV, 81-82).

On cross, Investigator Ledesma testified that he was given a description of the vehicle by J ~

to the call, he had no lpowledge tying Appellant to that particular vehicle. (R.R. Vol. IV, 87-88). ···· On redirect, Ledesma testified that he had worked with the confidential informant before ~ ' \ · .. ..-.J J ' and ~ was reliable and truthful and they did not provide any information other than the possible ~ location for Appellant. (R.R. Vol. IV, 91-92). J Facts relevant to the legality o(the inventory search J Officer Terry testified that he assisted Deputy Ficke in the inventory search and that Deputy Ficke prepared the inventory sheet. According to Investigator Terry, there was "stuff ~ everywhere" in the truck. (R.R. Vol. IV, 57-58). He acknowledged on cross that the purpose of ~

the inventory search was to list all items in the vehicle to avoid liability issues (R. R. Vol. IV,

~ 18 .. l

'0 0

60-61 ). He admitted that on occasion he allows a detained person to call a family member to ·o

retrieve the vehicle, but not in this case. (R.R. Vol. IV, 63 ).

The inventory form was admitted into evidence. (R.R. Vol. IV, 90, SE# 15). Appellant's 0

trial counsel argued that the inventory form did not L:Omply with the stated procedure of the

0

department, in that it did not list all items of property in the vehicle. The inventory form did not

include the firearm, the bullet found in the jeans, and did not specify the items of clothing found,-

0

such as the jeans and -the· jacket. (R.R. Vol. IV, 1 05).

0

The vehicle was registered to Kenneth Greer, Appellant's father. (R.R. Vol. IV, 72).

A copy of the Brazos County Sheriff's Department Inventory Policy was admitted into

0 evidence. It specifically requires that all items of value be listed in the inventory report. It further 0

specifically directs that the inventory procedure not be used as a pretext to conduct an ..

exploratory search for incriminating evidence. (SE# 16). 0

ARGUMENT AND AUTHORITIES

0

It is axiomatic that persons are protec:ed from unreasonable searches and.seizures

0 through the Fourth Amendment to the United States Constitution and Art. 1, Sec. 9, of the Texas n Constitution. Under these provisions, a search or seizure conducted without a warrant is pre se

unreasonable and therefore illegal under both constitutions unless the state shows proof of a valid 0

exception to the warrant requirement. The Fourth Amendment to the United States Constitution,

which applies to states through the due process clause of the Fourteenth Amendment, governs all

[]

searches and seizures conducted by government agents. Al1 evidence obtained by searches and

0

seizures in violation ofU.S. Const. amend IV is, by that same authority, inadmissible in a state

- . court. 5'e(;. U.S. CONST. amend. iV & XIV: 1Hopp v. Ohio, 367 U.S. 643 (1961). The statutory

. lJ ~- exclusionary rule in Texas encompasses any evidence obtained by an officer in violation qf any [J 19 0 ] ]

law. TEX. CODE CRIM. PRO. ANN. Art. 38.23(a). l · A search is a governmental invasion of aperson's privacy. OLJ.ver v. U.S., 466 U.S. 170, 177-178 (1984). A property seizure occurs when a governmental intrusion meaningfully. For ] Fomth Amendment purposes, any stop of a vehicle is a seizure and must be reasonable to be J lawful. Davis v. State, 947 S.W.2d 240, 243 (Tex. Crim. App. 1997) . .... Unless the law enforcement officer has a valid .reasonable suspicion to believe that an

J

individual is violating the law, a temporary detention is unlawful Balentine V. State, 71 S.W.3d 763 (Tex. Crim. App. 2002). Reasonable suspicion only exists where the officer has specific articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably suspect a particular person will soon be, or has been engaged in criminal activity. Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001); State v. Rudd, 255 S.W.3d 293,299 (Tex. App.- Waco 2008, pet ref d.); Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997). Confidential Informant tip alone is not sufficient to justifY stop

The theory that the law enforcement officers had a legitimate reasonable suspicion to stop the vehicle based solely on the tip from the confidential informant that Appellant was driving a vehicle of that description is not valid. While probable cause is not for required for a brief stop or

··--------- ~- detention, reasonable suspicion is. United States v. Muniz-Melchor, 894 F.2d 1430, 1438 (5th Cir. [Tex.] 1990).

The facts at issue in this case are similar to those under consideration by the Court of Criminal Appeals in Rojas v. State, 797 S.W.2d 41,43-44 (Tex. Crim. App. 1990) where it was held that an anonymous tip not sufficient when it merely described vehicle and stated that contraband would be found inside it but provided no facts· confirming accuracy oftip.

' . An anonymous tip that a particular vehicle would be at a particular location is not 20 n []

reasonable suspicion. A tip that a certain vehicle would be traveling on a certain roadway at a 0 certain time does not provide sufficient factual basis to confirm credibility of the tip. Gilmer v. State, No. 06-09-00233-CR (TX APP-Texarkana-811211 0).

0

In the instant case, the informant was known by Investigator Ledesma and believed by

0 llliP- to be truthful and reliable. However, Investigat01:Ledesma not only failed to provide any specific situation where the informant had been proved so, he admitted that the informant

0

provided him no information other than that Appellant would be in such a vehicle. In addition,

0 Investigator Ledesma decline to identify the informant, denying Ap~lant the oppor:_tunity to 0 explore the basis of Iuvestigator Ledesma's opinion. And, while Ledesma testified that he did check and confirm that Appellant and Ms. Campbell had active warrants he did not run the

[J

license tag of the vehicle in question before the officers stopped the vehi~ie. The manner of the 0 stop, with upward of six law enforcement vehicles converging on the vehicle and officers approaching with weapons drawn, makes the stop even more intrusive and problematic. [1

The U.S. Fifth Circuit Court of Appeals, when confronted with a similar question

0

determined that the trial court reversibly erred in denying defendant's motion to suppress the

firearms that formed the basis for his felon-in-possession conviction. The Court found that the

0

defendant's Fourth Amendment rights were violated when the police conducted a stop of his

vehicle for purposes of investigating another crime; the tip of an informant as to whom the D

government failed to adduce any evidence of his reliability, credibility, or past track record did

0

not supply reasonable suspicion for a stop where the only information corroborated from the tip

0 was innocent information as to defendant's identity and location. UYJ.ijed States v. Martine>, 486 S.W.3d 855 (5th Cir. 2007). In this case, while there was testimony ofreliability, there was

0

-

absolutely w corroboration of the tip. 0

21

j ',1

LJ

] J

As held by the Third Court of Appeals, a known informant's tip is not reasonable suspicion when law enforcement fails to corroborate the tip. In that case, the manager of a J restaurant contacted police about a person who was asleep in the fast food lane. However, when ]

the police arrived the person was awake and appeared normaL The evidence of the DWT arrest

J was suppressed because the informant's tip was not corroborated and, therefore, reasonable suspicion based on the officer's observations alone did not exits. Tex.Es v. Griffey, 241 S.W.3d J 700 (Tex. App.-Austin 2007). J Once it is established that the initial stop of the vehicle was not warranted, the discovery of Appellant in the vehicle and the execution of the arrest warrant does not cure the taint of the J initial invalid stop. If_it is established that the search or seizure was illegal, then not only is any evidence obtained thereby inadmissible, but any evidence discovered as the result or exploitation of that primary illegality is as well inadmissible as "fruit of the poisonous tree". Wo!!f{ Sun v.

J US, 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963). Even were this Court to find that the officers acted properly in stopping the vehicle, the search of the vehicle that followed cannot be justified. The only theory offered by the State in support of the warrantless search of the vehicle was that it was an inventory search, and that rationale falls for two reasons. An inventory search of a vehicle is warranted only when the driver is arrested and·no other person is available to drive the vehicle or "no other alternatives are available other than impoundment to insure the protecti1m of the vehicle." South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976); Evers v. State, 576 S.W.2d 46 (Tex. Crim. App. 1978); Christian v. State, 592 S.W.2d 625 (Tex. Crim. App: 1980); Gill v. State, 625 S.W.2d 307 (Tex. Crirr... App. 1981).fi~ the instant case, the vehicle was not owned by-· Appellant but by his father Kenneth Greer. According to Investigator Terry, he will on occasion

22 0 n

call a family member to come retrieve a car when the driver is being arrested. The fact that the 0

car was actually owned by Kenneth Greer would seem all the more reason to contact him.

Clearly, the intent of law enforcement in not doing so was to justify an investigatory search as an n inventory search. __ : 0

Furthermore, the inventory search was not conducted in compliance with the guidelines

and procedures dictated by the Brazos County Sheriff's Department, which require the officer to D list every item of property on the inventory form. The inventory form did not include the firearm, D the bullet found in the jeans, and did not specify the items of clothing found, such as the jeans · - - and the jacket. _ i _ 0 A true inventory search of an automobile occurring outside the legal concepts of probable 0 cause or a search incident to valid arrest, is just that and nothing more. It means that, using a standard inventory form prepared pursuant to standard police procedure, a police officer or his 0 agent lawfully inventories the contents of a lawfully impounded motor vehicle. Daniels v. State, 0 600 S.W.2d 813 (Tex. Crim. App. 1980); Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App. 0 1980); Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981). The Supreme Court has insisted that there be a real policy or regulation and that same be 0

directed at producing an inventory, not an exploratory criminal investigation:

0

The policy or practice governing inventory searches should be designed to produce an inventory.

The individual officer must not be allowed so much latitude that inventory searches are turned into 'a purposeful and general means of discovering evidence of crime' ... " Florida v. Wells, 495

0

U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990)

0 In the insist case, while there was a specific poli~y in effect that was designed at producing an inventory, the policy was not followed and, therefore, the search is not justified as 0

an inventory search. The trial court erred and abused its discretion in denying the Motion to

u 23 [J 0 D

Suppress. The firearm seized from the vehicle was the result of an illegal stop and an illegal 0 search and should have been suppressed. D POINT OF ERROR NUMBER FOUR 0

APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL

0 DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE

D SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH 0

Appellant urges this Point of Error only in the event that the Court determines that the

complaints presented in Points of Error Two and Three were not preserved for review. Appellant 0

incorporates here the facts and legal authority set out in Points of Error Two and Three.

0

Appellant has an absolute right to effective assistance of counsel at trial. U.S. CONST.

0 VI & XIV; Powell v. Alabama, 287 U.S. (1932). Counsel must act within a range of competence demanded of counsel.in criminal cases. McMann v. Richardson, 397 U.S. 759 (1970) 0

Trial counsel's failure to present the Motions to Supress filed prior to .trial and discussed

0 pre-trial constitutes deficient performance. The applicable standard is Strickland v. Washington, 466 U.S. 668 (1984):

[] As held by the United States Supreme Court, in Strickland v. Washington: 0

The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so

undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.

0

Strickland v. Washington 104 S.Ct. at 2064.

The Strickland stand~rd applies to a claim of ineffective assistance of counsel arising

0 under article I, § 10 of the Texas Constitution and under the Sixth Amendment to the U.S. [J 24 0 I I I .I

0 0

Constitution. Hernandez v. State, 726 S. W.2d 53 (Tex. Crim. App. 1986). 0

The Court of Criminal Appeals of Texas, stated that:

Under Strickland there are two tests a defendant who seeks relief must meet: 'First, the defendant B must show that counsel's performance was deficient.. .. Second, the defendant must show that the deficient performance prejudiced the defense.

0

And, in elaborating on the second prong, the Court said:

The defendant must show that there is a reasonable probability that, but for counsel's 0

unprofessional errors, the result of the proceeding would have been different. A reasonable

probability is a probability sufficient to undermine confidence in the outcome. Butler v. State, 716 S.W.2d 48, 54.

The effectiver;ess of counsel is ordinarily gauged by the totality of the representation, but 0 a single error, if sufficiently egregious, can constitute ineffective assistance. Ex parte Felton, 815 S.W.2d 733 (Tex. Crim. App. 1991). An Appellate Court does not inquire into trial strategy

0 unless no possible basis in trial strategy or tactics exists, Weeks v. State, 894 S. W.2d 390, 391 0

(Tex.App.-Dallas 1994, no pet.).

This is such a case. Trail counsel was clearly aware of the pivotal role the suppression D issue had to the outcome of the case. Considering the totality of the circumstances, trial counsel's 0

performance was outside the range of professionally competent assistance. His actions were not

0

the result of reasonable professional judgment. There is no rational trial strategy that would

warrant failing to present the suppression motion or obj..::cting to the admission of the firearm.

0

The fact that trial counsel did finally urge his motion underscores that his failure to do so timely

0

was not a strategy.

Appellant's conviction should be reversed and he should be granted a new trial. 0 25 TI 0

POINT OF ERROR NUMBER FIVE 0 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401, 403, A 0

STATEMENT MADE BY APPELLANT

0

Prior to the commencement of the trial, the State made known to the Court their intention

0

of eliciting the testimony ofLakesh McKinney, a Brazos County Sheriff's Department jailer,

who claimed that he confronted Appellant about a rule infraction and Appellant replied "I don't

D follow rules. I'm in here for not following the rules; and. so, I'm not going to start now." 0

.Appellant objected on the basis of relevance and argued that it should be kept out under Texas

Rule of Evidence 403, as the prejudicial effect substantially outweighed the probative value of

D the alleged statement~ The Court overruled the objection and Deputy McKinney testified as to 0 Appellant's alleged statement before the jury. (R.R Vol. IV, 9-15, 96-97). ARGUMENT AND AUTHORITIES 0 Evidence is "relevant" if it has "any tel1dency to make the existence of any f~tct that is of 0

consequence to the determination of the action more probable or less probable than it would be

without the evidence." TEX. R. EVID. 401 Relevancy is "predicated on a subjective relationship

0 between the proffered evidence and a fact that is of consequence to the determination of the D action. Carter v. S'tate. 851 S.W.2d 390, 391 (Tex. App. ·- Fort Worth 1 ()93. pet ref' d.) Evidence that is not relevant is not admissible. 'fEX. R. Evid. 402.

0

Even if this Court determines that the statement was relevant, its prejudicial effect

0

substantially outweighed any probative value. and it therefore should not have been admitted

0 into evidence. TEX. R. EVID. 403. The effect upon the jury would clearly be to convey to them that 1) Appellant was guilty of some other wrong or in:5·action while in custody; 2) that' 0

26

0 n -

f.' 0

Appellant was in custody for this or another offense; and 3) that Appellant if he was not

0

referring to the charged offense, was a criminal generally. Unfair prejudice means the tendency

of the evidence "to prove some adverse fact not properly in issue or unfairly to excite emotions

0 against the defendant." Afontgomery v. State, 810 S.W.2d 372, 387 (Tex. Crim. App. 1990) (op. 0

on rch' g). ·rhcrefore, :'\ppellant' s objection to the evidence should have been sustained. Failure

to do so was error.

0

Upon determining that the admission of evidence was erroneous in a case where the en·or

0

wan non-constitutional, as here, the appellate court should then consider whether admission of

the evidence was hannful. ·rhe error in admission will be disregarded error in admission if it did

Q, not affect Appellant's subst<mtial.rights. TEX. R. APP. P., 44.2(b). A substantial right is affected 0 when the error had a substantial and injurious effect or int1uence in detennining the jt1ry's verdict. King v. S'tate, 953 S. W.2d 266, 271 (Tex. Crim. App. 1997). The conviction will not be

D reversed for non-con3titutional error if, after ex<:m1ining the record as a whole, the Court has a D fair assurance the error "did not ini1uence the jury, or hhd but a slight effect." Morales v. State, 0 32 S.W.3d 862. 867 (Tex. Crim. App. 2000). If the Court does not have fair assurance that the judgment was not substantially S\vayed by the error, it is impossible to conclude that substantial ·o rights were not atiected and the conviction must be reversed. Carter, 145 S. W.3cl at 710 . . !0 In the instant case, by the very nature of the charge itselC the jury was already apprised of the f~1ct that Appellant had previously been convicted of a felony. To add to that testimony 0 complained of certainly had a strong negativf: impact on the view of Appellant by the jury. It is 0 certainlv Iikelv that it could be the verv thing that caused them to convict on the basis of "' ._. "" .: evidence that was far from overwhelming. Jurors \VOuld very likely be swayed by the evidence of 0

complained of that Appellant was simply a bad guy and, therefore, jurors would be naturaLly

0

27

0 n t ... .! n

inclined to infer guilfon the charged ofiense. See Carter, 145 S.W.3d at 710. For that reason, []

Appellant's conviction should be reversed.

0 , PRAYER n

WHERFORE, PREMISES CONSIDERED, Appellant, David Duane Greer, prays that

based upon the argument and authorities herein, this Honorable Court reverse the judgment and D set aside Appellant's conviction. 0

Respectfully submitted,

0

MARY HENNESSY

P.O. Box 2536 Brenham, Texas 77834

0

Tel: (979) 277-0757

Fax: (979. 277-0030

0

By:==========F==========

Mary Hennes 0

State Bar No. 09472300

Attorney for David Duane Greer

0 CERTIFICATE OF SERVICE 0

This is to certify that on July 27, 2013, a true and correct copy of the above and foregoing ' . . . 0

document was served on the Brazos County District Attorney's Office, by U.S. Mail.

0 0 0 D

28 o·

NOTES

Nee~ monthly expenses <1re as foi_IQ_ws (if amount is $0.00, pla2> a

[0] or N/A in the blank A' Monthly Expenses: $ " r Food

[7] $~

[0] Utilities $_'-/ __ RenVHouse payment $ __ ·_ Telephone $W"' Cell Phone Auto insuran-ce $*= Ufe Insurance $~ Auto payment $~ ': $~ Ch~d care $____LZ_ School Lunches $.4::,_ Fuel/Maintenance $- r- Doctor/Dentist ~ $L_ Credit Cards ~ Church School tuition Medical Insurance $ £_ $_1"__ $ Bank Loans $~ Cable/Satellite $~ Other transportation Haircuts/Nails Child Suzrt .J v $ v Furniture payments $ t' $ Entertainment Oothing $L_ Other (Describe) $ ?) TOTAL MONTHLY EXPENSES: $ t / - - Other (Describe) Section 3: Miscellaneous Information / / / " /J\ Are there any co-defendants in your case? QYes IT no ~. ,.1: /"" /_,\1,._~-"----+-(\-a-,.--';;.<-.."-tfj~';..tC':......:... _____________ _ If yes, please name co-defendants to avoid attorney conflicts.{:......:... c leone) attempted to hire an attorney. The names of the attorneys I have contacted are as follows: z6t ~,/'7 c~~~~~~~---------- References: Ust the name address and telephone number of 3 individuals who are able to contact_you reg_ardinc vour case. Name Phone number with area code Address Relationship //" / A / ' / / ~ ff ff. f f / ~ / §'( /7.( / f /2'_ #"/ ~ ..... Section 4: Oath I do hereby swear that the information given above is true and correct. I understand that making a false statement under oath to the Court is perjury, which is a criminal offense for which I can be punished by imprisonment in the Institutional Division of the Department of Criminal Justice for 2 to 10 years, Fined up to $10,000.00, or both. I also understand that this Application will be filed of record and that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk. a ':2"""' aod ...,, =efully '""""" my ·~ '" ""';--"' I have been advised of my right to an attorney in the prosecution of the charge pending against me. I certify that I am without means to employ an attorney of my own choosing and I hereby request the court to appoint an attorney for me. I have been further advised that my failure to answer all questions above will result in the denial of a court appointed attorney. Accordingly, I certify that I have _ ( -f/=/Z: A ~- endant's Signature Date On this day, personally appeared the above-named defendant, who stated under oath that his/her answers to this Affidavit are true and correct. · SUBSCRIBED AND SWORN TO BEFORE ME on this the __ day of --------------~200 \ ------· -~~----~------ Notary Public, State of

[1] exas Deputy Clerk On this November· 15, 2012, )Ot it be. blown lbar the Court found t;ocd cau.Jt"

[111] sdcaP: lhD oourt ~pojncc4 a.1tCmoy hom Ibis case. It is 1hcrd'oae. ORDERED, ADJUDGiiD AND PECREED, that EARL GRAY, • lic:cnm! l'llllomcy Py 1bc Snd:e of Texas is llz:Rb:y ll:l:a:s:t:d in 1his case a:nd no lonptr tt:pie$01U DA VW I'JUANl:: 0~ , ~ftouwtan1 in lht:. abate 1'1bJnberej C3\Ue(a). C'blthisND¥anbcr lS. 2012,. tet it bcknoWD Jblt dnr CourtfOWld eond.caQSC":.to appoird n IIIU>mc;f "' lCf"==' rh: Ddcndanlln lUIJ' poso-amviclian Wlit ami/or app:al """""'llinzo in 1hlo .oove lllllllbacd """'c(•). 0 l b=by oppoilll MARY HI!I\'NESSY,.., ollunJ<y !OUlld by 1br Co<.1 In be CU<npdal~ 1D "'!"'="DAVID DUANE GREER,~-;., lh< above numbaal one! titled cause in anr 0

[222554] WELSH HALLEY ANN March 7 1986

[9] J February8, 1949 10 223160 SMITH ROBERT LAND JOE March 21 1950 11 223308 SLOVAK BOBBY 12 223333 BERNAL ELIZA G Jul}' 2 1971 ,,., ·~..,,., . '](\ '"''" I SCHI ITT.J;;J;L ' 0 REBA 14 224879 BLAIR JACQUELINE MARIE July1,1961 z 15 224893 GALIMBERTTI MARIS A Auqust 6, 1952 16 225220 February 21, 1955 COBOS GILBERTO 17 226198 HOLT MICHAEL LEE September 29 1952 ''"',...,..,,... ..... · ..,.,_ ono 1-r.-. '"' lo.=...>rr 19 226310 HERNANDEZ TONY L August4. 1958 •cornTT "" 0 10"6 ~ 21 226502 LAMB CHAD DWAYNE January 19 1976 July 29; 1957 22 226615 PARKER BRENT KEITH 23 226666 HENRY SARAH ANN December 12 1985 -"'· ..,.., '""'· 1.-.~ n '>"- IYIWFI ·'>n !ot::n 26 227331 BRUCE May 28, 1957 HASH ROBERT "n"' ? 1<1LlQ l f ' ID , - , co,-,• "" I"'K' 28 227569 LAVENDER STEVEN LAWRENCE June 18 1976 29 227575 CARTER RAY December 12. 1957 VICTORIA 30 227586 MOORE SHARON ALICE November 19 1956 31 227663 FREDERICK PAULA KATHRYN April14 1970 32 227670 ESPINO CARLOS October 6 1988 LUIS 33 227689 IRVIN LUCAS JAMES November 24. 1982 34 227799 MOORE JOE November 22, 1982 CASEY 35 227811 MASTERSON SAMUEL AARON March 1 1983 36 227995 UTECHT May 30. 1950 STECKMAN" BETTY 37 228069 ARIAS ANTONIO July 21 1963 ,,.,.., ...... . ">0 39 228234 NELSON NANCY HICKS July 18 1947 .,,..,..., <= 1 ..... .., •nr:t: •nr• 1.0.

[41]

[228937] DAVIS JAMES A June 29, 1960 42 228969 FORD VIRGINIA A June 15 1965 J ------ !Page 44

[4] Although this was not argued on appeal, it is noted that the State was not required to prove that the firearm was operable. See Bollinger v. State, 224 S.W.3d 768, 775 (Tex. App. Eastland 2007, pet. ref d).

[5] The unredacted version of State's exhibit 3 was admitted to impeach the testimony of . Campbell. Specifically, the prosecutor noted th(:l.t: J ... I asked her [Campbell] three or four different times three or four different ways if that conversation she was talking about with Ledesma where she told him it was not defendant's gun was at the scene that day. She very clearly said: "Yeah, · 1

[7] Here, the warrants were admitted as State's exhibits 1 and 2 for purposes of the motion to suppress. ( 4 RR 19). At trial, Appellant did not contest whether the warrants were valid. ( 4 RR ] 17). 23 J I I J Houston (1st Dist.] March 30, 1995, pet. ref d)( not designated for publication), the l _J court also held that the stop of the vehicle was based on reasonable suspicion: J The informant told the officer that the appellant and another would be at the house and would leave in a blue Cadillac. Observation by the J surveillance officers confirmed the informant's information. When the officers stopped the appellant, Officer Prendergast told the appellant he was conducting a narcotics investigation and asked if he would J consent to a search of the car. Based on these facts, the trial court could have reasonably concluded that reasonable suspicion existed at J the time of the stop to detain the appellant. See Fonseca v. State, 881 S.W.2d 144, 150 (Tex. App.-Corpus Christi 1994, no p"et.) (officers had reasonable suspicion relying on information obtained fro~ J reliable informant, substantiated by police observation); Sandoval [ v. State], 860 S.W.2d [255, 258 (Tex. App. Houston [1

[51] Dist.] March J 30, 1995, pet. refd)](officers, who were acting on information from the defendant's cousin that was substantiated by their observations, made reasonable investigative detention). J Law enforcement officers are not required to look the other J way and permit a crime to occur or a criminal to escape~ Sandoval, 860 S.W.2d at 259. Rojas v. State, 1995 WL 134876, *5-6. (emphasis added). J Applicable law-inventory search J In Yaws v. State, 38 S.W.3d 720, 724 (Tex. App.-Texarkana 2001, pet. J ref d), the court noted:

Case Details

Case Name: Greer, David AKA David Duane Greer

Court Name: Court of Appeals of Texas

Date Published: Nov 30, 2015

Docket Number: WR-41,864-02

Court Abbreviation: Tex. App.