Lasker, Dominique Dontae, WR-83,219-01

Lasker, Dominique Dontae

WR-83,219-01

| Tex. App. | May 1, 2015

Check Treatment

Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 5/1/2015 ABEL ACOSTA, CLERK

*1 WR-83,219-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/29/2015 11:24:25 AM Accepted 5/1/2015 8:22:18 AM ABEL ACOSTA NO. _____________ CLERK IN RE § IN THE § DOMINIQUE DONTAE LASKER, § COURT OF CRIMINAL APPEALS § RELATOR § FOR THE STATE OF TEXAS APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES DOMINIQUE DONTAE LASKER , Petitioner, by and through his court-appointed counsel, and asks the Court to file the attached Petition for Writ of Mandamus and would show the Court the following:

This is an extraordinary case that requires the Court of Criminal Appeals to exercise original jurisdiction because Petitioner has no adequate remedy at law. It involves ministerial acts only, and the Petitioner has been unsuccessful in obtaining relief from the trial judge and the First Court of Appeals.

Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By /s/Frank Blazek Frank Blazek State Bar No. 02475500

APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd

*2 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Application for Leave to File Petition for Writ of Mandamus has been forwarded to opposing counsel on this the 29th day of April, 2014, by U.S. Mail, postage prepaid, addressed as follows:

Elton Mathis Criminal District Attorney 642 12th Street Hempstead, Texas 77445

/s/Frank Blazek Frank Blazek

APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS

PAGE 2 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd

NO. _________

*3 ____________________ IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS ____________________ IN RE DOMINIQUE DONTAE LASKER, Relator ____________________

PETITION FOR WRIT OF MANDAMUS

Frank Blazek State Bar No. 02475500

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C.

ORAL ARGUMENT REQUESTED 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] frankblazek@smithermartin.com William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com

ATTORNEYS FOR RELATOR

*4 Identity of Parties and Counsel The following is a list of all parties and all counsel in this matter: Relator in this matter is DOMINIQUE DONTAE LASKER, and is

Defendant in the underlying cases described below. The attorneys representing Relator are:

Frank Blazek William F. Carter SMITHER, MARTIN, 108 E. William J. Bryan Parkway HENDERSON & BLAZEK, P.C. Bryan, Texas 77803-5334 1414 11th Street Huntsville, Texas 77340 Respondent in this matter is the Honorable Albert M. McCaig, Jr., Judge of

the 506th Judicial District Court of Waller County, Texas. The real party in interest in this case is THE STATE OF TEXAS represented by counsel as indicated: Elton R. Mathis Criminal District Attorney Waller County 645 12th Street Hempstead, Texas 77445

PETITION FOR WRIT OF MANDAMUS PAGE ii C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*5 Table of Contents Identity of Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Statement of Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Statement of Issue Presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Argument and Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Certificate of Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PETITION FOR WRIT OF MANDAMUS PAGE iii C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*6 Index of Authorities Alabama v. Bozeman , 533 U.S. 146, 121 S.Ct. 2079 (2001). . . . . . . . . . . . . . 10 Bryant v. State , 819 S.W.2d 927 (Tex. App.–Houston [14th Dist.] 1991, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Burton v. State , 805 S.W.2d 564 (Tex. App.–Dallas 1991, pet. ref'd). . . . . . . . 7 Culer v. Adams , 449 U.S. 433, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981). . . . . 1 Engle v. Coker , 820 S.W.2d 247 (Tex. App.–Beaumont 1991). . . . . . . . . . . 3, 9 Fex v. Michigan , 507 U.S. 43, 113 S.Ct. 1085 (1993).. . . . . . . . . . . . . . . . . . . 8 Huff v. State , No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio, April 8, 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In re Dacus , 337 S.W.3d 501 (Tex. App.–Ft. Worth 2011). . . . . . . . . . . . . . . 6 Lara v. State , 909 S.W.2d 615 (Tex. App.–Fort Worth 1995, pet. ref'd). . . . . 7 Rowe v. State , Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App. LEXIS 4922, 1999 WL 442139, (Tex. App.–Houston [1st Dist.] July 1, 1999, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Snyder v. State , No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676 (Tex. App.–El Paso Sept. 22, 2005, no pet.).. . . . . . . . . . 7 State v. Powell , 971 S.W.2d 577 (Tex. App.–Dallas 1998, no pet.).. . . . . . . . . 7 United States v. Mauro , 436 U.S. 340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Walker v. State , 201 S.W.3d 841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PETITION FOR WRIT OF MANDAMUS PAGE iv C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *7 Texas Constitution: Tex. Const. Art. V Sec. 5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Statutes: Tex. C. Crim. P. Art. 4.04.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Tex. C. Crim. P. Art. 51.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9 Tex. C. Crim. P. Art. 51.14 Art. IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Tex. C. Crim. P. Art. 51.14, Art. III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Tex. C. Crim. P. Art. 51.14, Art. III(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Tex. C. Crim. P. Art. 51.14, Art. V(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6 Rules: Tex. R. App. P. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PETITION FOR WRIT OF MANDAMUS PAGE v C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*8 Statement of the Case 1. The underlying suit arises out of Cause Numbers 11–01–13703, 11–01–13704 and 11–01–13705, entitled “THE STATE OF TEXAS v. DOMINIQUE DONTAE LASKER" in the 506th Judicial District Court of Waller County, Texas.

2. Respondent is ALBERT M. McCAIG, JR., Judge of the 506th Judicial District Court of Waller County, Texas. 3. Relator/Defendant, Dominique Dontae Lasker, is entitled to relief, a dismissal of charges, pursuant to the provisions of the Interstate Agreement on Detainers. Tex. C. Crim. P. Art. 51.14 (IADA). On March 11, 2014, and July 15, 2014, the trial court entered orders denying Defendant's motions seeking relief under the IADA. Appendix I, pp. 147, 157; Appendix II, pp. 149, 154; Appendix III, pp. 149, 154.

The IADA is a congressionally-sanctioned compact between the United States and the states, see Culer v. Adams , 449 U.S. 433, 442, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981).

The action of Respondent, the Honorable Albert M. McCaig, Jr., the Presiding Judge of the 506th Judicial District Court of Waller County, Texas, being complained of is the issuance of Orders denying Defendant's Motion to

PETITION FOR WRIT OF MANDAMUS

PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *9 Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on Detainers that does not comport with the mandate of the IADA. Relator, DOMINIQUE DONTAE LASKER, seeks an extraordinary Writ of Mandamus from this Honorable Court to compel Respondent to vacate the Orders denying Defendant's Motion to Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on Detainers and ordering Respondent to dismiss the indictment filed against Relator.

4. A petition requesting the same relief was filed in the Court of Appeals for the First Judicial District on July 25, 2014, in Cause Numbers 01–14–00630–CR, 01–14–00631–CR and 01–14–00632–CR. A Memorandum Opinion was issued on January 27, 2015, denying the petition for writ of mandamus. The justices who participated in the decision were Justices Jennings, Massengale and Lloyd. Appendix VIII. Relator’s motion for reconsideration en banc was denied on March 31, 2015. Appendix IX.

Statement of Jurisdiction The Texas Court of Criminal Appeals has jurisdiction to hear this Original Proceeding and to grant the relief requested under Article V, Section 5(c), of the Texas Constitution; Art. 4.04 Texas Code of Criminal Procedure; and Texas Rule of Appellate Procedure 52.

PETITION FOR WRIT OF MANDAMUS

PAGE 2 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*10 The Respondent was acting in an official capacity as the Presiding Judge for the 506th Judicial District Court of Waller County, Texas, when the actions complained of occurred. The Relator has no right of appeal from the actions of Respondent, and no other adequate remedy at law is available. The actions sought to be compelled of Respondent are ministerial rather than discretionary in nature.

Statement of Issue Presented THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT ALTHOUGH DEFENDANT WAS NOT TAKEN TO TRIAL WITHIN THE 180 DAYS FROM THE DATE HIS REQUEST FOR SPEEDY DISPOSITION OF HIS DETAINER WAS RECEIVED OR WITHIN THE120 DAYS FROM HIS ARRIVAL TO WALLER COUNTY IN VIOLATION OF THE MANDATE OF ENGLE V. COKER , 820 S.W.2d 247 (TEX. APP.–BEAUMONT 1991) AND THE INTERSTATE AGREEMENT ON DETAINERS ACT, TEX. C. CRIM. P. ART. 51.14.

Statement of Facts On January 27, 2011, Relator was indicted for the offense of murder of Stanley Ray Jackson in Cause Number 11-01-13704. Appendix II, p. 2. On January 27, 2011, Relator was indicted for the offense of murder of Janella Edwards in Cause Number 11-01-13705. Appendix III, p. 2. On January 27, 2011, Relator was indicted for the offense of capital murders of Stanley Ray Jackson and Janella Edwards in Cause Number 11-01-13703. Appendix I, p. 2. At that time Relator was in federal custody on federal back robbery charges

PETITION FOR WRIT OF MANDAMUS

PAGE 3 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *11 unrelated to the capital murder and murder charges. See the stipulation of the parties. Appendix VII-5, p. 34.

On December 16, 2011, Relator was sentenced to the federal prison for one hundred and twenty-one months. Appendix VII-5, p. 33. While he was in the federal prison serving that sentence Waller County placed a detainer on him for the three indictments. See the statement of the prosecutor. Appendix VII-5, p. 7. While serving that sentence and while the Waller County detainers were placed on him, Relator made two requests for speedy disposition of the detainers. Appendix I, pp. 6 & 18; Appendix II, pp. 6 and 18; Appendix III, pp. 6 and 18.

Relator submitted his first request for speedy disposition under the Interstate Agreement on Detainers (IADA) in July of 2012. Appendix VII-5, p. 18. It was received by the District Clerk of Waller County on July 16, 2012. It was received by the District Attorney on July 19, 2012. Appendix I, p. 170; Appendix II, p. 167; Appendix III, p. 167.

Relator submitted his second request for speedy disposition under the IADA in 2013. The second request was received by the District Clerk and the District Attorney on February 8, 2013. The second request was mailed by certified mail. Appendix VII-5, p. 19.

PETITION FOR WRIT OF MANDAMUS

PAGE 4 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*12 Pursuant to the IADA the State of Texas requested that the federal government enter into an agreement allowing Texas to have temporary custody of Relator. Texas obtained such temporary custody of Relator on May 24, 2013. Appendix VII-5, p. 21.

Pursuant to the IADA, Article III, the State is required to bring the case to trial within 180 days of Relator’s request. If Relator’s first request was sufficient, then the 180-day time period expired on January 14, 2013. If for any reason that request is deemed flawed, and if his second request is sufficient, then the time period expired on or before August 7, 2013. The record will show that this case was not brought to trial nor was any continuance granted prior to August 7, 2013. Pursuant to Art. V(c) of the IADA, Relator is entitled to have all three indictments dismissed with prejudice.

On September 9, 2013, in open court the State’s motion for continuance was granted until February 24, 2014, over the objections of Relator that such order violated the IADA. Appendix VII-3, pp. 30-31. The continuance was granted without good cause.

On March 11, 2014, the trial court denied Defendant’s motions to dismiss, signing the written order in Cause Number 11–01–13703 on that date (Appendix I, p. 147) and signing the orders in Cause Numbers 11–01–13704 and

PETITION FOR WRIT OF MANDAMUS

PAGE 5 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *13 11–01–13705 on July 2, 2014. Appendix II, p. 149; Appendix III, p. 149. On July 15, 2014, the trial court denied Defendant’s Motions to Dismiss for Violation of the Interstate Agreement on Detainers. Appendix I, p. 157; Appendix II:, p. 154; Appendix III, p. 154. From these Orders Relator files this Petition for Writ of Mandamus.

Argument and Authorities A prisoner who is transferred pursuant to the IADA is entitled to be tried within 180 days of the receipt of his demand for speedy disposition. Tex. C. Crim. P. Art. 51.14, Art. III(a) and Art. V(c). Mandamus relief should be granted when a trial court fails to grant a dismissal with prejudice despite a violation of the IADA. In re Dacus , 337 S.W.3d 501, (Tex. App.–Ft. Worth 2011).

In this case the Court and the prosecutor received two requests demanding speedy disposition of the charges pending in Waller County, Texas. At the time those requests were made Relator was an inmate in the federal penitentiary while Waller County had lodged a detainer on him for these charges. The first request was sent by the Relator directly to the Court and to the prosecutor. The second request was submitted by the Relator to the warden, who sent the requests to the Court and the prosecutor by certified mail.

PETITION FOR WRIT OF MANDAMUS

PAGE 6 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*14 The State contended to the trial court that both sets of requests were fatally defective and did not invoke the IADA. With regard to the first request the State complains that the request was not submitted to the warden and mailed to the Court and the prosecutor by certified mail. Appendix VII-5, pp. 8-9. Some Texas courts have held that it is not required that the IADA request go through the warden, but that the inmate may himself make the demand for speedy disposition directly to the Court and the prosecuting attorney. Huff v. State , No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio, April 8, 2015), at *24, citing Walker v. State , 201 S.W.3d 841 at 846; Snyder v. State , No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676, at *1 (Tex. App.–El Paso Sept. 22, 2005, no pet.) (not designated for publication); Rowe v. State , Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App. LEXIS 4922, 1999 WL 442139, at *7 (Tex. App.–Houston [1st Dist.] July 1, 1999, pet. ref'd) (not designated for publication); State v. Powell , 971 S.W.2d 577, 580 (Tex. App.–Dallas 1998, no pet.); Lara v. State , 909 S.W.2d 615, 618 (Tex. App.–Fort Worth 1995, pet. ref'd); Bryant v. State , 819 S.W.2d 927, 931 (Tex. App.–Houston [14th Dist.] 1991, pet. ref'd); Burton v. State , 805 S.W.2d 564, 575 (Tex. App.–Dallas 1991, pet. ref'd). With regard to his first request, there is no controversy that both the State and the Court received an explicit request for

PETITION FOR WRIT OF MANDAMUS

PAGE 7 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *15 speedy disposition under the IADA directly from Relator, albeit not by certified mail or with the certificate of the warden.

The case of Fex v. Michigan , 507 U.S. 43, 52, 113 S.Ct. 1085, 1091 (1993), suggests the 180-day time period begins when the request is received by the prosecutor and the court. The U.S. Supreme Court has never indicated that the manner the request is sent is significant to the implementation of the IADA.

The Supreme Court has rejected narrow interpretations of the IADA once a detainer has lodged and the policies of the IADA are fully implicated. United States v. Mauro , 436 U.S. 340, at 362. Article IX of the IADA states that “[t]his agreement shall be liberally construed so as to effectuate its purpose.”

The State’s argument that Relator’s first request is deficient and fails to invoke the time limits of the IADA is contrary to the Supreme Court’s guidance in Mauro and Article IX of the Agreement.

The State’s contention concerning Relator’s second request has no basis in any precedent. The State contended at the February 11, 2014, hearing that the Warden’s certificate did not contain information concerning Relator’s parole eligibility date or what action the Parole Board had taken concerning Relator. Appendix VII-5, p. 10. In response, at that hearing Relator’s counsel asked the trial court to take judicial knowledge that Relator as a federal prisoner was not

PETITION FOR WRIT OF MANDAMUS

PAGE 8 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF *16 eligible for parole. Appendix VII-5, pp. 22-23. Relator’s counsel also argued that although the two lines were left blank they “were appropriately left blank. ... They could have said none, not applicable, there are other ways to do it, but blank is also accurate.” Appendix VII-5, p. 27.

Should this Court consider the two blanks on the certificate material, the defects should be considered waived. In Engle v. Coker , 820 S.W.2d 247 (Tex. App.–Beaumont 1991), the State argued that defects in the notice of imprisonment and request for disposition should prevent any dismissal under the IADA. The Beaumont Court pointed out that the State’s action in bringing Engle to Texas waived any defects; the court enforced the time limits of the IADA despite the defects and dismissed the prosecutions.

Here the valid second request for disposition was received by both the Court and the prosecutor on February 8, 2013. Relator was returned to Waller County on May 24, 2013. The 180-day time period expired on August 7, 2013. No defect in the warden’s certification prevented the State from seeking a trial date or a continuance before the August 7 deadline. The failure to try the case or get a continuance before that date is fatal and demands a dismissal under the IADA.

As the Supreme Court wrote: For present purposes, it is important to keep in mind that the Agreement basically (1) gives a prisoner the right to demand a trial

PETITION FOR WRIT OF MANDAMUS

PAGE 9 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*17 within 180 days; and (2) gives a State the right to obtain a prisoner for purposes of trial, in which case the State (a) must try the prisoner within 120 days of his arrival, and (b) must not return the prisoner to his "original place of imprisonment" prior to that trial.

Alabama v. Bozeman , 533 U.S. 146, 151, 121 S.Ct. 2079, 2083 (2001). Based on the foregoing Relator is entitled to relief and dismissal of all three indictments pending in Waller County. Prayer Relator prays that this Honorable Court grant this Petition for Writ of Mandamus and issue an order directing the trial court to dismiss with prejudice the indictments in Cause Numbers 11–01–13703, 11–01–13704 and 11–01–13705 because of the violations of the time limits in the IADA.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By /s/ Frank Blazek Frank Blazek State Bar No. 02475500 frankblazek@smithermartin.com

PETITION FOR WRIT OF MANDAMUS

PAGE 10 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*18 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com

ATTORNEYS FOR RELATOR

Certification I hereby certify that I have reviewed the above Petition for Writ of Mandamus and have concluded that every factual statement in the said petition is supported by competent evidence included in the appendix or record.

/s/Frank Blazek FRANK BLAZEK

PETITION FOR WRIT OF MANDAMUS PAGE 11 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*19 Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition for Writ of Mandamus was forwarded by U.S. Mail, postage prepaid, on the 29th day of April, 2015, to the following parties, pursuant to TEX. R. APP. 9.5(d) and TEX. R. APP. 52.10(a):

The Honorable Albert M. McCaig, Jr. 506th Judicial District Court 836 Austin Street, Suite 307 Hempstead, Texas 77445 judge@court506.com Elton R. Mathis Criminal District Attorney Waller County 645 12th Street Hempstead, Texas 77445 e.mathis@wallercounty.us

/s/ Frank Blazek Frank Blazek

PETITION FOR WRIT OF MANDAMUS

PAGE 12 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

*20 APPENDIX PETITION FOR WRIT OF MANDAMUS PAGE 13 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

CONTENTS OF APPENDIX

*21 Appendix Number Clerk’s Records: No. 11-01-13703 - Capital Murder I No. 11-01-13704 - Capital Murder II FILED IN No. 11-01-13705 - Capital Murder III

1st COURT OF APPEALS No. 11-01-13703 - Supplemental Record IV

HOUSTON, TEXAS

No. 11-01-13704 - Supplemental Record V 9/10/2014 11:23:35 AM CHRISTOPHER A. PRINE No. 11-01-13705 - Supplemental Record VI

Clerk Reporter’s Record: Vol. 1 of 6 - Master Index VII-1 Vol. 2 of 6 - Hearing on Appointment of Counsel (6-4-13) VII-2 Vol. 3 of 6 - Hearing on Motions (9-9-13) VII-3 Vol. 4 of 6 - Hearing on Motions (11-4-13) VII-4 Vol. 5 of 6 - Hearing on Motions (2-11-14) VII-5 Vol. 6 of 6 - Exhibit Index VII-6

Memorandum Opinion VIII Order on Motion for En Banc Reconsideration IX

PETITION FOR WRIT OF MANDAMUS

PAGE 14 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

CLERK'S RECORD

*22 (Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. 01-14-00630-CR (Count 1) Trial Court Cause No 11-01-13703 In the 506 th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONTAE LASKER Attorneys for Relator Frank Blazek

1414 11 th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State of Texas Attorney for State of Texasl Real Party In Interest Elton Mathis

Waller County District Attorney 645 12th Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Hon. Albert M. McCaig, Jr. Judge: *23 Court Reporter: Robyn Wiley

836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals For the State of Texas 301 Fannin Street Houston, Texas 77002 The 10 th day of September, 2014

PATRICIAJ.

SPADA CHENE

DISTRICT CLERK OF WALLER COUNTY, TEXAS By: l;b~ ,Deputy --~~~)r-----~------- Appellate Court Cause No. 01-14-00630-CR (Count 1) Filed in the First Court of Appeals at Houston, Texas

This the day of ' 2014. By ____________________________ ~,Depury *24 FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 1) Trial Court Cause No. 11-01-13703 § IN THE COURT OF APPEALS INRE § § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER PETITION FOR WRIT OF MANDAMUS CLERK'S RECORD, VOL. 1 OF 1 (Count 1) INDEX PAGE NO Caption 1 Indictment Filed 0112712011 2 Notice of Place of Imprisonment And Request for Speedy Trial 3 And Final Disposition Filed 0711612012 Notice and Demand to District AttorneylProsecutor for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisoner Dated 07102112 6 Motion to Dismiss for Denial of Constitutional Rights of Due Process and Right to Speedy Trial Dated 12/31/2012 8 Letter to Elton R. Mathis, D.A., From Us. Dept. of Justice Federal Bureau of Prisons Federal Correctional Complex Filed 02/08/2013 15 *25 Defendant's Pro Se Motion to Dismiss the Indictment or Information Herein, or in the Alternative, Defendant's Pro Se Motionfor Appointment of Counsel at 23 Filed 0411012013 Public Expense 29 Scheduling Order - Criminal Dated 0512412013 Waller County Magistrate's Admonishment form Warning of Constitutional Rights Dated 0512412013 30

34 Order Appointing Counsel Signed 0610412013 35 Order Appointing Counsel Signed 0610612013 Defendant's Waiver of Arraignment And Entry of 36 Plea of Not Guilty Filed 0711512013 Motion for Appointment of

38 Attorney as Co-Defense Counsel Filed 0711512013 Order Appointing Attorney Signed 0711812013 40 State's Notice of Intent to Seek 41 Death Penalty Filed 0813012013 State's Motion for Discovery of

43 Expert Witnesses Filed 0813012013 46 State's First Motion for Continuance Filed 0813012013 State's Motion for Competency 53 Examination Filed 0813012013 56 State's First Motion for Continuance Filed 0813012013 States Motion for Competency

63 Examination Filed 081301213 State's Motion for Discovery of

65 Expert Witnesses Filed 0813012013 67 Motion to Dismiss Filed 0910912013 *26 Motion for Disclosure of 70 Favorable Evidence Filed 0910912013 74 Signed 09/09/2013 Standard Discovery Order 75 Scheduling Order - Criminal Dated 09/0912013

76 First Amended Motion to Dismiss Filed 1013012013 Scheduling Order - Criminal Signed 11104113 80 81 Letter from Defendant to Court Filed 11/08/2013 Copy of Letter from D.A. to Mr. 85 Blazek including Attachments Filed 11/18/2013 137 Scheduling Order - Criminal Dated 01/08/2014 Defendant's First Motion for 138 Continuance Filed 01/2112014

142 Order Signed 01/2112014 143 Motion to Suppress Confession Filed 02/10/2014 147 Order (Motion to Dismiss) Signed 03/1112014 Notice of Preferential Trial 148 Setting Dated 04/04/2014 149 Scheduling Order - Criminal Dated 04/04/2014 Agreed Motion for Transcription Of Pretrial Hearings 150 Filed 04/0912014 152 Order Signed 04/09/2014 Motion to Dismiss for Violation Of the Interstate Agreement 153 On Detainers Filed 07/14/2014

157 Order Signed 0711512014 158 Attorney Fee Voucher Dated 07/14/2014 *27 165 Notice to Prepare Reporter's Record Filed 0910312014 Designation of Items to be Included in the Record Filed 0910312014 167 State's Response to Defendant's Motion to Dismiss Filed 09/04/2014 169 213 Court's Docket Sheet 215 Certification

*28 THE STATE OF TEXAS COUNTY OF WALLER

In the 506 th Judicial District Court of Waller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit:

1 st COURT OF APPEAL NO. 01-14-00630-CR (Count 1) TRIAL COURT CAUSE NO. 11-01-13703 CLERK'S RECORD VOLUME lOFl INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER §

THE STATE OF TEXAS

*29 IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

Said JUDICIAL DISTRICT

DOMINIQUE DONT AE LASKER

DOB: 03/2111984 BIM

~ ~t:~ Charge: CAPITAL MURDER Section: 19.03

S &i ~ "

Degree: CAPITAL FELONY

~ ;1l~1 .:.

INDICTMENT

t ~ ~i~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *30 0 Ae. L", tAf f,,] 11" ~ u11 IV

11 ~ ~~ c t (fuUNa ~~.-<\ COURT OF Waller ~ F - - - ~ ~y;.~ ---'-:""::':":=':=':-- 7( :JtC /111 ' t ] ~ .~~ E STATE OF ---=T:..;e:..;;xo.:;a:..::;s_-=-[ _5_0_6_ ~ • .-A~

A~

~ ENT ~~D .~ ) NOTICE OF PLACE OF IMPRIS ) REQUEST FOR SPEEDY TRIAL AND INAIP' ) DISPOSITION ... Pursuant to ........ . ) (Tex.Code Crim.Proc. Ann.Art. 51.14

v. (Constitution. Art. VI. § 10 ) ) CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, D:rninig.e D:n~ lasker ,is currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate term of ~ months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California , on December Defendant has a projected release date -===-====-----,

- - ' ....... u_s_t _______ , 13 from federal custody on _A_ug , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending in this jurisdiction. Specifically: 1). Capital ~urder Charges ... Warrant # 11-01-13703979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial, an in absfenfia resolution be arranged.

\, YIP Law Library FormslNoticeSpeedyTrial·Detainer (Rev 9111) 3

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is

*31 binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. North Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Afichigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges. and/or ('('\"~ ... 1";-" presently pending in this jurisdiction, within a reasonable period of time not· ? \, \ 1- u i... s-i-~- . l-f

/>-1·lfJ:(\ "-1 ;0 ~:~c. ILL C.» Respectfully Submitted, ~~./ k! Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: D\S.1fCCt-

.4mrVKL{

?> Yfo (,rh. ~1fc.G~ Su.i\-f.. \ l\tvY1p~h:&\.J 1 X J 77L.j~-5 Dominique Dontae Lasker VIP Law Library FormsfNoticeSpeedyTrial-Detainer (Rev 9/11)

CERTIFICATE OF SERVICE

*32 I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, this -l.k- Victorville USPIFCC, at Adelanto, California, on day of ,20 12 ,with sufficient postage affixed. It would be JG\'I\lJ..OJ\.{ \.. noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 2).

1). District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNTY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~~ue D~LaSker---""" <::::: Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Formsl Certificate of Service (Rev. 8/11) *33 NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominique Dontae Lasker

FROM:

~~~~~ Reg. No. 22867-298 , ~L\b if' S\ru~ S:ui\<- \ United States Penitentiary Victorville FCC

He-M~~~<d T~ 17~yS PO BoxDOJl 3900 Adelanto, CA 92301 Dear Sir/Madam: 1. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: CaQital Murder Charge # 11-01-13703 979-826-8282 CaQital Murder Charge # 11-01-13704 979-826-8282 # 11-01-13705 979-826,...8282 Ca12ital Murder Charge # 2. I am presently, a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Southern District of California, to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("IAD").

Cordially, Authorizated by the ominique July 7, 1955, as amended, to administer oaths (18

WITNESS-PRISON STAFF MEMBER U.S.C. § 4004). COPIES: ORIGINAL TO DISTRICT ATTORNEY, AND f.:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQUEST TO COURT FOR DISMISSAL. ALSO: INCU':DE DO(TMENTA TlON FROM THE CASE MANAGER/RECORDS REGARDNG THE WARRANTIDETANER AND IF POSSIBLE YOUR SENTENCE ~lONlTORING/DA TA COMPUT ATION PRINTOl'T SHOWr-.:G YOUR PROJECTED RELEASE DATE YIP Law Library FonnslNoticeSpeedyTrial-Detainer (Rev 9/11)

*34 VIPDO 542*22 * SENTENCE MONITORING 07-10-2012 * PAGE 001 OF 001 * GOOD TIME DATA 14:45:23 * AS OF 07-10-2012 REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE

ARS 1 ... : VIP A-DES

PLRA

COMPUTATION NUMBER .. : 010

PRT ACT DT:

LAST UPDATED: DATE.: 12-30-2011

FACL .. : DSC CALC: AUTOMATIC

UNIT . . . . . . . . . . . . . . . . : 6 A

QUARTERS ............ : F61-119L

DATE COMP BEGINS .... : 12-16-2011

COMP STATUS ......... : COMPLETE

TOTAL JAIL CREDIT ... : 412

TOTAL INOP TIME ..... : 0

/2ffiRENT REL DT ...... : EXPIRES FULL TERM DT: 11-29-2020 10-~

PROJ SATISFACT DT ... :

PROJ SATISF METHOD .. : GCT REL 08-13-2019 TUE.-/ ACTUAL SAIISFAC'I' Dr. : ACTUAL SATISF METHOD:

DAYS REMAINING ...... :

FINAL PUBLC LAW DAYS:

GED PART STATUS ..... :

DEPORT ORDER DATED .. :

---------------------------GOOD CONDUCT TIME AMOUNTS---------------------------

START STOP MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED

DATE

DATE DIS FFT DIS FFT AMOUNT DATE

10-31-2010 10-30-2011 54 54 10-31-2011 10-30-2012 54 10-31-2012 10-30-2013 54 10-31-2013 10-30-2014 54 10-31-2014 10-30-2015 54 10-31-2015 10-30-2016 54 10-31-2016 10-30-2017 54 10-31-2017 10-30-2018 54 10-31-2018 08-13-2019 42

TOTAL EARNED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 54 TOTAL EARNED AND PROJECTED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 474

G0005

TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED *35 1 11-01 ~ 13103 MOTION TO DISMISS FOR DENIAL OF CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY TRIAL

THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS OF THE SPEEDY TRIAL ACT OF 191LtQ-8 U.S.C. 3161-3174).

THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS

DUE PROCESS right UNDER THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROMPT INITIATION OF THE PROSECUTION, THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL UNDER THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION HAVE ALL BEEN DENIED BY THE GOVERNMENT'S DELIBERATE AND PERSISTENT PATTERN OF oppressive AND PREJUDICIAL DELAYS IN THIS ACTION, ALL OFF WHICH HAVE COMBINED TO PREVENT THE DEFENDANT FROM ADEQUATELY PREPARING A DEFENSE AGAINST CHARGES.

THE RIGHT TO A SPEEDY TRIAL WAS DECLARED "FUNDAMENTAL" AND IMPOSED ON THE STATES BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH CAROLINA 386 U.S'. 213,222-223

1.THE DEFENDANT IS SERVING A SENTENCE OF 121 MONTHS, IN THE UNITED STATES PENITENTIARY AT VICTORVILLE FEDERAL CORRECTION COMPLEX, SAN BERNADINO COUNTY, AT ADELANTO, CALIFORNIA, WITH PROJECTED RELEASE DATE: AUG 13,2019

THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S) *36 INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND MORE SPECIFICALLY ARE:

1. CAPITAL MURDER 11-01-13703 2. CAPITAL MURDER 11-01-13704 3. CAPITAL MURDER 11-01-13705

3.THE DEFENDANT HAS DEMANDED A SPEEDY TRIAL ON OR ABOUT JULY 07 2012, ALL TO NO AVAIL. DEFFENDANT SERVED A NOTICE AND DEMAND FOR SPEEDY TRIAL OR FINAL DISPOSITION, PURSUANT TO TEX. CODE CRIM.PROC.ANN.ART.51.14

CONSTITUTION, ART 6 SEC 10 VIA FORM, ON THE OFFICE OF DISTRICT ATTORNEY. AT THE TIME OF NOTICE UPON THE DISTRICT ATTORNEY THE DEFENDANT PROVIDED A NOTICE WITH THIS COURT CONCERNING THE OUTSTANDING CHARGES, WARRANTS OR COMPLAINTS.

4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING, THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO RESOLVE THE MATTER.

5. BASED THEREON, VIRTUALLY ALL LEGISLATURES HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN ART 12.01 ET SEQ).

6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED

q *37 BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.

RESPECTFULLY SUBMITTED DATE: ;'''I~ /1)..//3 DATE: \1 ~ ~C\\-

STAFF SUBSCRIBED AND SWORN BEFORE ME l'9 DAY beL 20 IL.- THIS FEDERAL CORRECTIONAL COMPLEX, V:CTORVILLE, CA S~NO COU:JTY tt~A~ ASE.tMNAGER

AUTHORIZED BY ACT OF CONGRESS JULY 7, 1955 TO ADMINISTER OATHS (TITLE 18, U.S.C. SECTICN 4004) *38 /0 IN THE District COURT OF Waller COUNTY FORTHESTATEOF Texas [506 District] --~~~--~----- Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to ........ . ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) v. ) (Constitution, Art. VI, § 10 ) ) )

Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, D:minigE nn~ lasker , is currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

1. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California , on December

- - , - - - - - Defendant has a projected release date - - - - - - - from federal custody on __ Aug--'='-u_s_t ______ , 13

, 20 ~. (see attached sentencing computation/data sheet). 2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending in this jurisdiction. Specifically: 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial, an in abslentia resolution be arranged. VIP Law Library FonnsiNoliceSpet'dyTrial-Delainer (Rev 9/11)

*39 /1

•

I Y Uf·L. J/JG .]A- Vl 11. ... h 't.\t 31\- '-\ ( 4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v . .'Vorth I ISLe J ). J I] 1 5' I 'i L e J ).. rA i, "6 ) Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Afichigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstelllia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges. and/or (,A"" ... I~:-"'- ··f

o I >1' <"" 1_ ~ \.l-.... u I . .::>-f.\ . l

presently pending in this jurisdiction, within a reasonable period of time not· f..- 11 C' \1 ( 1 ) ;~ ( It I ; (':.,) Respectfully Submitted, ~ (\CI .~'.

\

\\L Ie Dated:~ ~z- ~ V""n~~inique tae La! . / " Reg. No. 22867-298 ~ United States Penitentiary Victorville FCC POBox ~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

1 hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS.1fC c-t4UorVle. L/ ~ 4~ Gr~ ~1(u:r ':)L.Li~'t. \

l\e\IY1p~tcVlJ 1 X) 77'-J~-S 2 *40 VIP Law Library FormsiNoticeSpeedyTrraI-Detainer (Rev. 911 I) jJ-

NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR

FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMA nONS, DETAI;\'ERS OR

INDICTMENTS BY FEDERAL PRISONER

Dominique Dontae Lasker

FROM:

Reg. No. 22867-298 United States Penitentiary Victorville FCC PO BoxDOJ{ 3900 Adelanto, CA 92301

Dear Sir/Madam: I. I have been infonned that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca]2ital Murder Charge # 11-01-13703 979-826-8282 Ca]2ital Murder Charge # 11-01-13704 979-826-8282 CaJ2ital Murder Charge # 11-01-13705 979-826-8282

# 2. 1 am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3.1 was sentenced in the United States District Court for the Sou thern District of California, to a tenn of 121 months. My current projected release date from federal custody is August ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain r~habilitati.ve QrOgfams. 1 rema~.!i!Lclassification category and the delay in prosecution prejudices my defense against these outstanding charges.

Cordially, D,ted ~~*!""'A7' C'-:t~O:S:f~"-'9~;Z':':":::---"7...¢.:=:::=-RE-Qt-rE-ST-OR Dominique Dontae Lasker July 7,1955, as amended, to administer oaths (18

. U.S.C. § 4004) WITNESS-PRISON STAFF MEMBER . COPIES: ORIGCNAL TO DIS TRICT A ITORNE\', "SD KEEP COpy FOR O"'S RECORDS TO BE CSED WITfj REQCEST TO COL'R T FOR D1S,\/ISSAL ALSO: I~CLL'DE Due L\.IE~TA nor-.; FROM THE C -\SE \1ANAGERiRECORDS REGARDNG THE \\"-\RRAST.'DETM'\!ER -\SD IF POSSIBLE YOL'R SE~T[:-.sCE ~IOt\ITORI1\'G/DA TO\ CU\IPLH, TlO!'o< PRI:-"TUU ,HOIII,-u \ Ol 'R PROJECTED REl EASE D~ rE *41 VIP Law Library FormsiNoticeSpeed} Trial-Detainer (Rev 9flJ)

CERTIFICATE OF SERVICE

I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, this ~ day of Victorville USPIFCC, at Adelanto, California, on

~l!O\JQf\! ' 20 12 , with sufficient postage affixed. It would be noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). 2). District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNIY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~j~ ~ iTIique ~Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

r . j ..... J...-:-'-...:)/,-""\ /) ; v,,-;- *42 VIP Law Library Fonnsl Certificate of Service (Rev. 8/11) 1'1 u.s. Department of Justice -- - • • • • ~ j - , • • -'~ '-' L:.J - F;l.: 59 Federal Bureau of Prisons 2 ~r3FL') 8 .IA/O til

Federal Correctional Complex Office of the Correctional syst ....... "---:::±:4.f.1.+-A.-'. Victorville, California o

January 31, 2013

Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV(a), which expires on DATE). Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (BP~A564) and originals of the lAD Form V (BP-568) and lAD FormVI (BP-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

*43 15 Page Two RE: Lasker, Dominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to "this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((ll)~ /s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator *44 1&

\--

lAD -NOTICEOFUNTRIEDINDICTMENT BP-8235(51) u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INSTITUTION:

INMATE NAME: REGISTER NUMBER:

FCC VICTORVILLE COMPLEX

LASKER DOMINIQUE DONT AE 22867-298 Pursuant to the Interstate Agreement on Detainers Act, you are hereby infonned that the following are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or ordered such delivery.

Linda T. McGrew,

DATE:

NAME AND TITLE OF Complex Warden

CUSTODIAL AUTHORITY

Charles E Samuels Jr. August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original Inmate Copy: J&C File Central file *45 17 BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM FEB!14 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON

R. MATHIS WALLER COUNTY, TX Court: Jurisdiction: 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by Law, will result in the invalidation of the indictments, information or complaints.

I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confined.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(51), Certificate of Inmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONTAE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

vrequest the Court to appoint Counsel. (Inmate's Signature) Record Copy - Slate lAD Administrator; Copy - J&C File; Copy - Central File (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy - Clerk of Court (Mail Certified Return Receipt) *46 If .' BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS CDFRM Fcbnwy1994

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE FCC VICTORVILLE 22867-298

DONTAE

COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The term of commitment under which the prisoner above named is being held:

121 MONTHS 2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS 3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS 4. The Amount of Good Time Earned: 108 5. The Date of Parole Eligibility of the Prisoner: 6. The decisions of the U.S. Parole Commission relating to the Prisoner: 7. Maximum expiration date under present sentence: 11-29-2020 Detainers currently on file against this inmate from your state are as follows:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: Name and Title of Custodial Authority By: (Chief Executive Officer) Linda T. McGrew, Charles E. Samuels Jr. Director, Bureau of Prisons Complex Warden 1130/13 r D. Wren ((j..U'u.,.- Correctional Systems Specialist

Record Copy - State lAD Administrator Copy - J &C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

*47 Ii lAD - OFFER TO DELIVER TEMPORARY CUSTODY BP-S239.0S1 CDFRM February 1994

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Date: January 30, 2013 To: Prosecuting Officer Name and Title (ifknown) Jurisdiction:

ELTON R. MATIDS Criminal District Attorney WALLER COUNTY, TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONTAE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the indictment, information or complaint which is described in the attached inmate's request dated: September 27, 2012

The required Certificate of Inmate Status is enclosed. dated: January 30,2013 Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached. Indictments, information or complaints charging the following offenses also are pending against the inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities in these jurisdictions for purposes of these indictments, information or complaints.

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. By: (Chief Executive Officer) Institution & Address: NamelTitle Custodial Authority: \+'~~n Charles E. Samuels Jr.

FCC Victorville - USP Correctional Systems Specialist P.O. Box 5400 Director Adelanto, CA 92301 Bureau of Prisons Linda T. McGrew *48 Complex Warden

" lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02 BP-S565.051 U.S. DEPART.MENT OF JUSTICE FEDERAL BUREAU OF PRISONS This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298 via X LAD __ State Writ (check one), and do hereby agree to the following conditions in connection with the request for custody of said inmate. Conditions a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of security required by Bureau of Prisons Policy.

b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to include disciplinary problems, medical emergencies, suicide attempt, escape or attempted escape or any other problem arising during commitment.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for service of any sentence imposed in connection with our prosecution. d. Agree to return said inmate to the federal institution from which they were obtained at the conclusion of the inmate's appearance in the proceeding for which obtained. e. Agree to notify the local jail authority of .the responsibility to return the inmate to federal custody. As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Criminal District Attorney, hereby submit the following information in connection with my request for temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be confined during legal proceedings. 2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal custody: 4. Name and phone number of the stat~ agency, specific name of agent(s) who will transport the inmate at direction of the court and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or the USMS, will be transporting the inmate for the state. 5. Need for appearance of inmate and nature of action.

6. For State Writ cases only (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and phone number of clerk of the court. b. Reason production on writ is necessary and reason another alternative is not available (for civil cases). Date 7. Signature and Title of Prosecutor Subscribed and sworn before (Date) : __________________________________ _ 8. Signature of Notary Public Date

Original - J&C File, Copy - Central File This form replaces BP-S565 dtd FEB 94)

J-I

*49 PAGE 02/03

RECORDS

7605( _ .09/05/2012 08:35 I.AD I'ORM V - REQUEST FOR TEMPORARY ctJSTODY CDFRM JlJlAUIot.O FEB 94 BP-SS68.051 O. S. DEPARTMENT OF JUS'l'ICE FBDERAt. B'OUAO 01' PRISONS six copies. Signed copies m1,l8t be scnt to the pdsoner and to the official who has the pr.isoner in custody. A copy should be sent to the Aqreement AdministratQr of both the sending and the recei~ing .state. Copies 5hould be. retained by the person filinq the reque.st a.nd the judge whQ e:i.gns the raquest. Prio~ to transfer ~nder this Agreement, an Inmate ~y be afforded a judicial haaring (Cuyler) similar to that provided und~r the Cnifor:m ExtraditiQ1'l ~ct, in which the inmate may bring a limitmd challenge to the receiving state's reque5t. -

. , fi

.

To: (Wa.tden-Superinten~ent-D~rector) - Ins~itut~n and Address V l\,);(::;~ .s+",t,.s ?eIVlf~j(}fI'At'"""J Vic.to~v'dlE" .-cc. 7-0· .Eox.3t:iOC1 A-oell1l\J l)CJ . J ~ ~~301 please be advised that (Name of Inmate) »oMd\f J q IA Ii J)oN1 At: LrtS K.eJ2... 21$(,f"- 20'11, who ~ ~;~~. ~. y an inmate ot your institution, is under [indicate appropriateJ riafsma'ti:en) (-eomplaint) in the (Jurisdiction) ~d!:~e~:.. . .4 CJ. W ~lleV" COtA,vt y 1-e'(J45, of which I am the (Title of Prosecuting

<:3 0(" j)jS"\V\\'c:.. f A" H OI'2.J\J~ Officer) Said inmate is . therein charged with the offens s) enumerated below: ( l - 0 I - I; Off.naeCs) ~( (j) Cp.y~-\-I'\l M1.4vt>eV' l\-OI-13=rO.:l?c~fJi.f,A{ J~vl)..PY\..~I-()1-1310'l-~ ""'I.'vo"r I propose to bring this person to trial on thi8 [indicate appropriate) (indictment ~m~.blt) within the time specified in Article IV(c) of the A9~eement. In orde~ that proceedings in this matter may be p~operly had, I hereby request temporary custody of such per$ons pursuant to Article IVta, of thm Agreement on Oat4ine~e. Attached herewith find in triplicate: a. Certifier;! copies of the complaint, infor:m.ation or indlctment b. Certified copies of the warrant c. Certified copies of ~tngerprints, photographs or_physica~ desc~iption I l)ereby agree tnat immediatlllly after trial h completed in this jurisdiction, t will return the prisoner directly to you 0: allOW any juriediction you have d~siqnated to take tempQrary custody. I agree dlso to complete rorm IX, The Notice of Dis osition of a Detainer, immediatel .fter trial.

Printed Name and Signatu~ t . Date : ~. Title ~ '= \ \ON ~. tv'\ PI +"-.\$ - - - - - - CRil\,dNA.1 J)is ~~ ^[011] No" J.l~ J 20" "1--=7 4t!- s;- Address: Ci ty/State: Telephone No.: \..l..-e'oN\.ps--be~'J )-r .. ~.:XItS LP4 S" ltJ..t-","s+<-ed q-=l'1. - <d 2v - ~=118 I hereb~ certify that the person whose signature apPQ~rs above is an appropriate of.ficer with~n -the meaning of A~ticla IV(a) and that the facts recited in this ~equest for tempora CU8tody are co~rect al"ld that having c\uly rGicorded said reql,le~t, I hereby transmit it for acti'On in cordance with its term and the ~ovisions of the A~reP.ment on Detainers. (

Judge's Printed Name and Signature Date ~ I b.4V1 \"\. Me Ca\ fVoV .2~J 20/2 Court Distic:t S 0 ~ -th SD (p ~ ::r\A..-\JI'C\'.4..\ Dtstytc.1 COu,v-t Telephone Orl (This form may be ~eplicated via WP) Albert M. McCaig, Jr. Judge. S06th Judicial District Court *50 Wa! ler and Grimes Counties. Texas

ZGI3t.PRlO Fi13=37 ay~._

IN THE DISTRICT COURT OF WALLER COUNTY FOR THE STATE OF TEXAS (S06th District) . '.~ No. 11-01-137{)3 979-826-8282 STATE OF TEXAS, ) 11-01-13704 979-826-8282 ) 979-826-8282 11 - 01 -13 705 Plaintiff, ) ) DEFENDANT'S PRO SE MOTION TO DISMISS THE INDICTMENT OR ) vs. " )

INFORMATION HEREIN, OR IN THE

DOMINIQUE DONTAE LASKER, )

ALTERNATIVE, DEFENDANT'S PRO

) SE MOTION FOR APPOINTEMENT OF Defendant.)

COUNSEL AT PUBLIC EXPENSE

]4 - - - - - - - - - - - - )

I.

MOTION 15 COMES NOW pro se Defendant DOMINQUE" DONTAE LASKER, without 16 ]7 the assistance of coubsel, and moves this court for an order to 18 dismiss the indictment or information filed against him in the 19 above entitled action. 20 This motion is based upon all of the files and plead~ngs in 21 this case as well as the attached declaration of the Defendant. 22 23 24 25 DEFENDANT'S MOTION TO DISMISS - P~ge 1 26

II. DECLARATION OF DEFENDANT

*51 1 2 DOMINIQUE DONTAE ,LASKER deposes and states as follows: 3 (1) I am the defendant proceeding pro se herein, I am over 4 the age of 18, and competent to testify in a court of law. 5 (2) I have knowledge of the facts contained herein, and I 6 make this Declaration in support of my motion to dismiss, and in 7 the alternative, my motion for appointment of counsel. 8 (3) I am currently serving a sentence in Federal custody 9 in the United States Penitentiary at Victorville, California.

(4) In July 2012, I filed with the Prosecutor of this County a NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION pursuant to Tex. Code Crim. Proc. Art. 51.14, const. Art. VI, § 10, and the Interstate Act on Detainers.

(5) My notice was directed to the District Attorney at the District Attorney's Office, 846-6th Street, Suite #1, Hempstead, TX, 77445. ,(SEE Exhibit ,1, attached herein) (6) Since the filing of this request, the State of Texas has made no attempts to have me returned to that jurisdiction to be able to face my charges , and present a defense to these allegations.

(7) More than 180 days has elapsed since the filing of my notice to the Office of the District Attorney, and they have made no efforts to resolve this matter.

25 DEFENDANT'S MOTION TO DISMISS - Page 2 , 26

*52 1 (8) I believe that any opportunity for me to have a fair 2 trial is gone due to the passage of time, and the memory fading 3 of any and all witnesses that I may call in my behalf. 4 (9) I believe that the longer it takes for me to get to a 5 trial will hinder my ability to present a defense, because I may 6 not be able to contact my witnesses, and gather information to 7 assist with proving my innocence. 8

(10) I am currently indigent, and proceeded indigent at my 9 federal trial. I cannot afford to pay for counsel. 10 (11) I am asking the court to appoint counsel for me at 11 public expense, so that my rights my be properly protected herein. 12 Under penalty of perjury, under the laws of the State of Texas, I declare that the foregoing is true and correct. DATED this ~ day of Apti \ 2013. 25 DEFENDANT'S MOTION TO DISMISS - Page 3. 26 *53 COURT OF Waller

IN THE Distric t COUNTY FOR THE STATE OF Texas [506 District] ----~~--~-----

NOTICE OF PLACE OF IMPRISONMENT AND

Waller County Sheriffs, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuan t to ........ . Plaintiff, ) ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) v. ) (Constitution, Art. VI, § 10 ) ) ) CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, r:tminicp: D:nt:E lasker

IS

currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

1. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December - - , - - - - Defendant has a projected release date - - - - - - - - - , from federal custody on __ Aug-'='-u_s_t ___ ___ , 13

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial, an in absfenfia *54 resolution be arranged. VIP Law Library FormslNoticeSpeedyTrial-Detainer (Rev 9/11)

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. lVorfh Carolina, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Michigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

tJ \.. S -1-; , ct V '\.t 1. presently pending in this jurisdiction, within a reasonable period of time not· f.-- tki(lc'e ;~ (\c\; (:') Respectfully Submitted, ~ , r' .~ (,\c'·'·v \

\\t (e~ \ ~~ Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 9203 I

CERTIFCA TE OF SERVICE

1 hereby certify that a copy of this document ,vas mailed to the office of t -)" prosecutor for this jurisdiction, addressed as below.: D\S.1f't e-t AlforV\f.- L{ l5 4~ G~ ~kc.d <SLLi\~ \

!\tI'YIPS'tCG-lJ 1X.J 77'1~.s

2

*55 VIP Law Library FormslNoticeSpeedyTrial-Detainer (Rev. 911 1) ).7 NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker {pm. . FROM: Reg. No. 22867-298 if" S k (L' ~ <;u", <- \ United States Penitentiary Victorville FCC

He-VV\f ~1r<cu1 T'f... 17 Lj 4S PO BoxDOJ{ 3900 Adelanto, CA 92301

Dear S iriMadam: L I have been informed that I have the following outstanding .... ·arrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca12ital Murder Charge # 11-01-13703 979-826-8282 Ca12ital Murder Charge # 11-01-13704 979-826-8282 # 11-01-13705 979-826-8282 Ca2ital Murder Charge

# 2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Southern District of California, August to a term of 121 months. My current projected release date from federal custody is ,~, 20 11 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

Cordially, Authorizated by the Act of July 7, 1955, as amended,

-W-ITN-E-SS--P-R-'S-O-N-ST-A-FF-M-E-M-B-E .... fp..--..-ad .... minister oaths (18 U.S.C. § 4004). *56 corlES: ORIGrNAL TO DISTRICT ArrORNEY. AND KEEP COpy FOR OWN RECORDS TO BE L'SED WITH REQL'EST TO COL'RT FOR DISMISSAL. ALSO: INCLCDE DOCTME1'TA TlON FROM THE CASE MANAGER/RECORDS REGARDNG THE WARRANTIDETAI!'IER A!'ID IF POSSIBLE YOUR SENTENCE MONITORrNG/DA TA COMPl;TATION PRIKTOL'T SHOWNG YOUR PROJECTED RELEASE DATE VIP Law Library Forms/NoticeSpeedyTriaJ-Detainer (Rev 911 I)

Cause No. /1-01-/8'703 § J 3'7D¥

STATE OF TEXAS

IN THE DISTRICT COURT § 11J'7DS v. WALLER COUNTY, TEXAS § § 506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1. 9:00 a.m. ARRAIGNMENT 2. 10:00 a.m. MOTIONS & PLEAS

All parties and Counsel shall be present and prepared to discuss all issues allowed under C.c.P., Art. 28.01. .

3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived. 5. 10:00 a.m. PRETRIAL HEARING

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: ___ 5,-,,-_-~~~4--,-'_-----,---,J 3=-__ :, replacing prior Scheduling Orders. *57 Defendant's Signature Counsel for Defendant Counsel for State

ALBERT M. McCAIG, JR., Judge Presiding Pink --Defendant Gold--Defendant's Attorney Copies: White--Clerk Yellow--State 11- 01--13/03

WALLER COUNTY MAGISTRATE'S ADMONISHMENT FORM

W ARNlNG OF CONSTITUTIONAL RIGHTS . This is to certify that the undersigned magistrate did, 24th day of May, 2013 at<?:: If-f/. .a.Rl./p.m., administer the following warnings to: NAME: LASKER, DOMINIQUE DONTAE DOB: 03/2111984 AGE: 29 S.S#: 460;'69-7231/ D.L.lLD.#: TX-02477217 Address: 24875 PRIELIPP ROAD

WILDOMOR CA 92595

r Phone: 760-508-9212 r e..t 0 V\... Y mpSINESS NAME AND PHONE: (V>. 1. You are charged with the offense of eAPIT AL MUR.DER MUL TTPLE. An affidavit, or complaint, clYu-ging you with this offense (has) 0- aM-) been filed with the appropriate court. (-I) 2. You have the right to remain silent, the right to have an attorney present during any interview with pqilce officers or attorneys representing the state, and the right to terminate that interview at any time. (J) 3. You are not required to make any statement. Any statement made by you may be used against you in cc#m. (oJ> 4. You have the right to retain or hire an attorney. If you are unable to employ an attorney, you have the right to request the appointment of an attorney by completing a fmancial assessment fonn. This form is available for you to complete at this time, and assistance in filling out the form is available if necessary. You m y be ordered to reimburse the cost of that attorney if you are found guilty of the offence.

(

( 6: Are you currently out of jail on bond on any other charg~s? Yes or®:circle one)

Charge; County: _____ -7"'~--- ( 7. Are you currently on probation or deferred adjudication? Yes 0 (circle one) ( 8. Are you currently on parole? Yes 0 0 (circle one) ( 9. Are you requesting the appointment of an attorney at this time Yes r No (circle one) (". 10. Are you a United States citizen@rNo Ifno, Do you want us to contact your consulate? Yes or No (attach correct paperwork) .

(1~:r~, Magistrate's Signature ~Sf#:~llf,e d' Pit( Official Title The Magistrate determines that the defendant (does/ae88oMt), _____ speak the English language. The Defendant (+.t-8r is not) deaf. Interpreter (If needed) Name: ______ _ _ _ _ _

Address: __________ _ ---------------- Phone: date: Time: ------ ------ BOND AMOUNT *58 - .. _-_._-- Cause No. 11~01-13703 IN THE DISTRICT COURT OF THE STATE OF TEXAS WALLER COUNTY, TEXAS VS. 506TH JUDICIAL DOMINIQUE DONTAE LASKER DISTRICT lllackIMale DOB: 03/21184

CAPIAS INSTANTER

TO ANY PEACE OFFICER OF THE STATE OF TEXAS· GREETINGS; YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep 50 that yOu have him/ber before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MUt TIPLE, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011.

SHERIFF'S

RETURN CAMETOHANDth~ dal:Of~~~ ,a~aiJ~O o'clock ...,jL.m:., and executed by arresting UlY"'tJ:,; ~ L:. _ At V.CJ",..".1L.t Ct;..

• in ' COU~Texas, and placing him/her in the waiter County Jail on the dJdl day of ;'0) 1. • ----.;-.....;:::...::w------, I actually and necessarily traveled miles in the service of tbis writ, in addition to any otber mileage I may have traveled in the service of other process in this case during the same trip. FEES: Making Arrest G ~ "'~ , Sheriff

Mileage miles trJ~ County, Texas TaldngBond Commitment

*59 3 1 Cause No. 11-01-13703 THE STATE OF TEXAS IN THE DISTRICT CO VS. DOMINIQUE DONTAE LASKER 506TH JUDICIAL

DISTRICT

BlacklMale DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MULTIPLE, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SP ADACHENE W ALLER_ COUNTY, T XAS BY·

c/e':';"/~~~~----

SHERIFF'S RETURN

CAME TO HAND th~ dal. of ~ ,c:a.'n., at J ~ 0 o'clock ~.~., and executed by arresting Uocn~ (;.1& /" Al V:d-.,cY' l~-J CtA.. , in

Cou~xas, and placing himlher in the Waller County Jail on the d3dl day of __ ~---='--"'J- ____ _ _ SUI' . I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

G ~ Sin.~ , Sheriff FEES: Making Arrest Mileage miles vJ~ County, Texas Taking Bond *60 Commitment By: (~)'L,A

~uty Cause No. 11-01-13703

THE STATE OF TEXAS

IN THE DISTRICT COURT VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL DISTRICT

PRECEPT TO SERVE COPY OF INDICTMENT TO THE SHERIFF OF WALLER COUNTY - GREETING YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE LASKER, the defendant in Cause No. 11-01-13703, wherein the State of Texas is Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the accompanying certified copy of the original indictment charging him/her with CAPITAL MURDER MULTIPLE now on f'Ile in said Court.

HEREIN FAIL NOT, but of this writ make due return as the law directs. GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of

January, 2011. PATRICIA JAMES SP ADACHENE WALLER COUNTY, TEXAS

SHERIFF'S RETURN CAME TO HAND THEU day of---"-----"-'f--__ , dlJ , at-l- o'clock..Jl. M. and executed by delivering the anying certified copy of IndictmeM No.' ,..\\l-1PUto " , the defendant herein, in person, at 0' oCk--fL.M. on the day of ~

~!1 GLENN SMITH, SHERIFF WALLER COUN , TEXAS BY: __ ~~~ ______ __

*61 33

Cause No. 11-01-13703

IN THE DISTRICT COURT OF STATE OF TEXAS § § v. § WALLER COUNTY, TEXAS § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Offense: eAPIT AL MURDER The defendant having made application to the Court for the appointment of an attorney, and the defendant represented through an affidavit or testimony or information received of indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this cause of action.

Therefore, the Court hereby appoints:

REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES

P.O. Box 2097 Lubbock, Texas 79408-2097 806-775-5660 to represent the Defendant through the trial of this matter. Representation through any appeal to the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date.

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 4, 2013. ALBERT M. McCAIG, 506 th Judicial District

*62 orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Defendant % Waller County Jail

Cause No. 11-01-13703 STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § WALLER COUNTY, TEXAS § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Offense: CAPITAL MURDER The defendant having made application to the Court for the appointment ofan attorney, and the defendant represented through an affidavit or testimony or information received of indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this cause of action.

Therefore, the Court hereby appoints: Frank Blazek Attorney at Law 1414 11 th Street

Huntsville, Texas 77340 936-295-2624 to represent the Defendant through the trial of this matter. Representation through any appeal to the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date.

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 6, 2013.

/U~/

/~ERT M. McCAIG, 506 th Judicial District *63 orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Detendant % Waller County Jail

--_":'<

u-' ~~ j~

CAUSE NO. 11-01-13703

-:1 --':"}'-- IN THE DISTRICT-(cOUR1YOF :,-:-,~' THE STATE OF TEXAS § I ---- ~~ § COUNTY, ' T E x:.A S VS. § WALLER -.J .;-: § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT DEFENDANT'S WAIVER OF ARRAIGNMENT AND ENTRY OF PLEA OF NOT GUILTY TO THE HONORABLE JUDGE OF SAID COURT: Comes now DOMINIQUE DONTAE LASKER, Defendant herein, by and through his attorney of record, FRANK BLAZEK, and submits this his Waiver of Arraignment and Entry of Plea of Not Guilty.

Defendant herein waives the arraignment required. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) ,23l8j~erJ

By ____________________ _

Frank Blazek State Bar No. 02475500

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

*64 PAGE 1 C:\FB\CRJM_K.O\La.o;ker.DD.BI075\II.OI.13703 CM\Waiver of ArTaignmenl.wpd

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Waiver oj, Arraignment and Plea of Not Guilty has been forwarded to opposing counsel on this the (~=ih day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite I Hempstead, Texas 77445

Frank Blazek

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

*65 PAGE 2 C:\FB\CRTM_K.O\Luker.DD.B1075\ll-OI-13703 CM\W::liv~r of Arraignmcnl.wpd

CAUSE NO. 11-01-13703

CAUSE NO. 1l-01-13704

CAUSE NO. 11-01-13705

.. THE STATE OF TEXAS. § IN THE DISTRICT COUR'J:-OF /

--J

§ VS. WALLER COUNTY, TEXAS § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL TO THE HONORABLE JUDGE OF SAlD COURT: NOW COMES Defendant, DOMINIQUE DONTAE LASKER, by and through his court-appointed counsel, and moves the Court to appoint an attorney to assist as co-counsel in the defense of the above-referenced matter, and in support thereof would show the Court the foHowing: The Defendant has been charged with Capital Murder and Murder (2 counts).

(1) (2) The undersigned counsel was appointed by Judge McCaig on June 6, 2013, to

represent the Defendant. (3) The State has not indicated its intent to seek the death penalty. If convicted, Defendant could be required to serve as much as life in prison. The case appears to be complex. Based on preliminary information from the prosecution it is expected that evidentiary issues likely to arise include: (1) custodial interrogation of the Defendant; (2) mental health problems suffered by Defendant; (3) extraneous offenses; and (4) D.N.A. It is necessary for the undersigned counsel to have the assistance of an attorney as co-counsel to adequately represent *66 the Defendant.

MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL

PAGE 1 C:\FB\CRJM _ K-O\Lasker.DD.81 075\Motion for Co-Defense CounseWO I .wpd

(4) The undersigned counsel has conferred with William F. Carter, State Bar No. 03932800, 108 E. William J. Bryan Parkway, Bryan, Texas 77803-5334, 979-779-0712, who has indicated his availability and willingness to serve as co-counsel. William F. Carter is an experienced and competent criminal defense attorney.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that this Honorable Court will appoint William F. Carter as co-defense counsel in the above-referenced matter. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624

(936) 294-9784 [Tel

By __________________ __

Frank Blazek State Bar No. 02475500

Certificate of Service I do hereby certify that a true and correct copy of the above and foregOing Motio,! for Appointment of Co-Defense Counsel has been forwarded to opposing counsel on this the ....:..1-"'~ __

day ofJuly, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite 1

1](>1

Hempstead, Texas 77445

*67 Frank Blazek

MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL

PAGE 2 C:\FB\CRlM_K·O\Lasker.DD.8107S\Motion for Co· Defense Counsel.OO I.wpd

CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER APPOINTING ATTORNEY

BE IT REMEMBERED, that on the ~~ay of ,20l3, came on to be considered the above and foregoing Motion for Ap' ointment of Co-Defense Counsel. After consideration of the same, it is the opinion of t e Court that Defendant's Motion be:

~ GRANTED, and WILLIAM F. CARTER, an attorney found by the Court to be competent, is hereby appointed to represent the Defendant as co-defense counsel until the trial of this case is concluded, or until released by written order of this Court.

() DENIED, to which ruling the Defendant excepts. SIGNED: -:M7 (~ flo/?

JUDGE PRESIDING

*68 C:\FB\CRJM_K-O\Lasker.DD.BI075\Motion for Co-Defense Counsel.OO I.wpd No. 11-01-13703 THE STATE OF TEXAS § IN THE 506th DISTRICT v.

COURT OF

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

STATE'S NOTICE OF INTENT TO SEEK DEATH PENALTY

COMES NOW, the State of Texas, through the undersigned Waller County Criminal District Attorney and does hereby give notice to the Honorable Court and to Counsel for the Defendant, Dominique Dontae Lasker that the State of Texas intends to seek the death penalty in the above styled and numbered cause.

Respectfully Submitted, Elton R. Mathis Criminal District Attorney Waller County, Texas

TBN 24014568

645 12th Street Hempstead, Texas 77445 (979) 826-7718

(979) 826-7722 (FAX)

^[0] ::E '" > , -< = , a

LA.) :t>oo rtlUi c:::

a ::::O-i G") (}::u." r'll W QOr ~ -0 c::> c:: :Z-ifTl -i -< -iC'Ja

-0 :::z::

;<~ N ..

-i;::IJ

rrl~ ><

W

N

*69 c." '-II NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m.

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30 th day of August 2013 via first class U.S. Mail and by facsimile transfer.

Elton R. Mathis *70 ~ ~ - ~

:P

Co rn'Ui

11-01-13703,11-01-13704 and 11-01-13705

- -- QC'lr- ~ -;;o~ n;o-t1

G"> o c.,.) '::;;;~rrI 0

IN THE 506th DISTRIC-l ~ ~-·nCJ -;, THE STATE OF TEXAS § :; .... rn -0 -<. ~ ~?;;) rn~ r:-? >< y c:".) - v. \

COURT OF

\ (~ \ DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the undersigned district attorney of Waller County, Texas, in the above- entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following:

1. This motion is filed under Article 39.14 ofthe Texas Code of Criminal Procedure. 2. This motion requests the following information which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

WHEREFORE, PREMISES CONSIDERED, the State respectfully prays that this Honorable Court will grant this Motion for Discovery of Expert Witnesses, or in the alternative, that this Court will set this matter down for a hearing prior to trial on the merits and that at such hearing this motion will be granted.

.espeetf~~!:m1i· tted, *71 Elton R. Mathis District Attorney Waller County, Texas

NOTICE OF HEARING

Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on septemb~.m. ~

CERTIFICATE OF SERVICE

~ Elton R. Mathis *72 No. 11-01-13703, 11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT § COURT OF VS. DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that such motion be, and hereby is, GRANTED as to those things requested. It is further ordered that the attorney for the defendant furnish counsel for the State the requested infonnation on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code of Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED this the ___ day of ________ , 2013.

Judge Presiding *73 -< - Co ~ CJ ~ Y ~ 11-01-13703,11-01-13704 and 11-01-13705 \ - '"'" ~Cj} :;0 -I ~ c;J ("")~~

·::::J° 1 w THE STATE OF TEXAS § e> ~-IfT' ..-, - =-rn

::{CJO

-u ..- v. -\";0 . , COURT OF § N m?'- ~~ .

N

J7 co

~/') DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATE'S FIRST MOTION FOR CONTINUANCE Now comes the State of Texas, by and through her Waller County Criminal District Attorney, Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article 51.14 of the Texas Code of Criminal Procedure and would respectfully show:

1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11, 2010 in Waller County, Texas. The indictments were signed on January 27,2011 after a lengthy investigation.

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December *74 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

4. The Defendant was returned to this jurisdiction on the above numbered and styled causes on or about May 24, 20l3. 5. The Defendant appeared before this Court for the firsttime on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases.

6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th , 20l3. The Defendant waived arraignment and entered a not guilty plea on July 15 th 7. , 2013. The Defendant requested and was granted additional counsel on July 18 th 8. , 20l3. 9. No discovery of any kind has been requested by counsel for the Defendant until

counsel met together at the District Attorney's Office on August 28 th , 20l3. 10. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. 11. No motions have been filed by counsel with the exception of a request for additional counsel. 12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. 13. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's file. 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. *75 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting

'(1

that the case be put on hold pending time for Frank Blazek to assemble a mitigation

packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

16. The State's trial case requires the presences of several out of state witnesses from various law enforcement agencies in California and Virginia. Given the present posture of the case, the State will require more time to coordinate and assure those witnesses' presence.

17. The Defense has not yet designated the expert witnesses it expects to call in their case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts.

18. The State has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. 19. The first assistant criminal district attorney is scheduled for hip replacement surgery on September 3 rd , 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the attorney would be able to try The State of Texas v. Taylor McShan. The first assistant has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the office other than the elected Criminal District Attorney would be a hardship.

*76 20. Defense counsel Blazek in his Motion for Appointment of Attorney as Co-Defense Counsel indicates that this case is complex and requires more than one attorney. This statement is true on behalf of the State of Texas as well.

'If 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or any time in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code a/Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas and! or Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple fonnula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the province of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II.

This Motion is made in the interest of justice and not for the purpose of delay, but so that justice may be done. A continuance is requested for only as long as is necessary. THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be granted and this cause be set at a later date. *77 Respectfully Submitted, ~ ----- Elton R. Mathis Criminal District Attorney Waller County, Texas

TBN 24014568

645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX)

NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506th Judicial District Court ofWaIler County, Texas on septembzou~.m. ~~R:;:;;. ~M;:a~thi~·s~=========---

CERTIFICATE OF SERVICE

a __ I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and by facsimile transfer.

Elton R. Mathis *78 $0

11-01-13703,11-01-13704 and 11-01-13705

THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DO:MINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis, Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that the statements therein contained are true and correct to the best of his knowledge.

~ Elton R. Mathis Given under my hand and seal of office, this the ~ of-l--..y.p~'i\;;T-.L-~' *79 5/ 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthennore, this cause is set for trial on ___________ _

Judge Presiding *80 No. 11-01-13703, 11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DIS § VS. COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

STATES MOTION FOR COMPETENCY EXAMINATION

COMES NOW, the State of Texas, through the undersigned District Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges.

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11,2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing.

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

3. The Defendant in correspondence made during his incarceration in California made statements to the effect he feels there might be *81 something ''wrong'' with him and he wanted his wife to check on the internet with the "Veteran's Court."

4. The Defendant in telephone conversations while incarcerated in California makes mention of a discussion he had with a prison counselor to the effect that he has "questioned himself' on the need for help on mental issues in the past.

5. The Defendant during a Court appearance before this Court 53

demonstrated in his demeanor a lack of understanding of the

proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. Respectfully submitted, District Attorney Waller County, Texas SBN: 24014568

ORDER THIS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: --------------------

Judge Presiding

NOTICE OF HEARING

*82 Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9,2013 at 4:30 p.m.

CERTIFICATE OF SERVICE

*83 ( 11-01-13703, 11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. COURT OF

§ DOMINIQUE DONTAE LASKER § STATE'S FIRST MOTION FOR CONTINUANCE Now comes the State of Texas, by and through her Waller County Assistant Criminal District Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article 51.14 of the Texas Code o/Criminal Procedure and would respectfully show:

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in *84 California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

4. The Defendant was returned to this jurisdiction on the above numbered and styled causes on or about May 24, 2013. 5. The Defendant appeared before this Court for the fIrst time on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases.

6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th, 2013. The Defendant waived arraignment and entered a not guilty ple'a on July 15th, 2013. 7. The Defendant requested and was granted additional counsel on July 18th, 2013. 8. 9. No discovery of any kind has been requested by counsel for the Defendant until

I

spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

17. The Defense has not yet designated the expert witnesses it expects to call in their 'case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts.

18. The State has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. 19. The undersigned attorney is scheduled for hip replacement surgery on September 3 rd, 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the undersigned attorney would be able to try The State of Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the *86 office other than the elected Criminal District Attorney would be a hardship.

20. Defense counsel Blazek in his Motion for Appointment of Attorney as Co-Defense Counsel indicates that this case is complex and requires more than one attorney. This statement is true on behalf of the State of Texas as well.

21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or anytime in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code o/Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas and/or Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the providence of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II. .R~LS~

Frederick A~~ards

Assistant District Attorney

Waller County, Texas

TBN 06435100

645 12th Street Hempstead, Texas 77445 (979) 826-7718

(979) 826-7722 (FAX)

*88 11-01-13703,11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT v. COURT OF·

§ DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

BEFORE ME, the undersigned authority on this day personally appeared Frederick A. Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that the statements therein contained are true and c~ ~ge.

Frederick A. Edwards Given under my hand and seal of office, this the __ day of ______ , 2013. Notary Public in and for Waller County, Texas

*89 hi

11-01-13703,11-01-13704 and 11-01-13705

IN THE 506th DISTRICT THE STATE OF TEXAS § v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthermore, this cause is set for trial on ___________ _

Judge Presiding *90 .' No. 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT

GJ

VS. § COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY

--t -<

-0 :3:

STATES MOTION FOR COMPETENCY EXAMINAT~ON :; w COMES NOW, the State of Texas, through the undersigned Assistant District Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.I04 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges.

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11,2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing.

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

3. The Defendant in correspondence made during his incarceration in *91 California made statements to the effect he feels there might be something "wrong" with him and he wanted his wife to check on the internet with the "Veteran's Court."

5. The Defendant during a Court appearance before this Court demonstrated in his demeanor a lack of understanding of the proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. Res~ rederK ~wards

Assistant District Attorney

Waller County, Texas SBN: 06435100

ORDER TillS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints __ _ ___ __ ___________ , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: - - - - - - - - - - -

*92 Judge Presiding ( 11-01-13703, 11-01-13704 and 11-01-13705 CP ~ -< - c....a

THE STATE OF TEXAS § IN THE 506th DISTRIC ~ • G'> o~~W

v.

COURT OF ~ 0 S -0 -< :; DOMINIQUE DONTAE LASKER § WALLER COUNTY,- TE S N ..

STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

TO THE HONORABLE mDGE OF SAID COURT: COMES NOW, the undersigned assistant district attorney of Waller County, Texas, in the above-entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following: This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure.

1. 2. This motion requests the following information which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

Assistant District Attorney Waller County, Texas

No. 11-01-13703, 11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT § COURT OF VS. DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that such motion be, and hereby is, GRANTED as to those things requested. It is further ordered that the attorney for the defendant furnish counsel for the State the requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code o/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED this the ___ day of ___ _____ , 2013.

Judge Presiding *94 (

'CAUSE NO. 11-01-13703

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, TEXAS § co __ DOMINIQUE DONTAE LASKER § 506TH JUDICIAL ;-DISTmC~ ~ ~o ~ rrlu;

MOTION TO DISMISS

" ;<:)-1 (")::O""Tj r oc=;- I..D c--ir

z TO THE HONORABLE JUDGE OF SAID COURT: f"T1 " --ieJo :-< ~ ::1i: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by an through h~~ CJ ~ U1 . -

attorneys of record, and submits this his Motion to Dismiss and for cause would show the Cou{t') the following:

1. The State of Texas obtained an indictment for Capital Murder in this cause in January 2011. Waller County placed a detainer on Defendant while he was serving time in a federal prison. Defendant requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (IADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional provision of the Sixth, and Fourteenth amendments of the United States Constitution.

2. More than 180 days have passed since the District Attorney and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received the request on July 16,2012. Defendant contends that the District Attorney of Waller County received the request on or about that day as well.

*95 3. No delay has been. sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days.

MOTION TO DISMISS

PAGE I C:\FB\CRIM_K-O\Lasker.DD.8107S\11.01.13703 CM\Motion to Oismiss,OOI.wpd

(

See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that an action on the indictment ... on the basis of which the detainer has been lodged is not brought to trial within the period provided in ... Article IV hereof, the appropriate court of the jurisdiction where the indictment ... has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.")

Davis v. State, 345 S.W.3d 71, 75 (Tex. Crim. App. 2011). 4. Defendant is entitled to have the cause dismissed under both the IADA and federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] ~ By __________ ~-+---- __

Frank Blazek State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 *96 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

MOTION TO DISMISS PAGE 2 C:\FB\CRIM_K-O\La.skcr.DD.81075\J 1·01·1.']703 CM\Mnlion ^[10] Oisthiss.OOI.wpd

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek *97 PAGE 3 MOTION TO DISMISS C:\FB\CRIM_K-Q\Lasker.DD,SI075\ll.Ol-13703 CM\Motion to Dismiss.OOl.wpd

CAUSE NO. 11-01-13703

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. WALLER COUNTY, coT E XA S § -< ~ ~ § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DIST~Cn=~ § rTt rr1 <:n Cl -u : ; : . ) - I MOTION FOR DISCLOSURE OF FAVORABLE EVIDENC~ I ~~'l c r U) ~-Ir ~ >0 ~ ~~8

TO THE HONORABLE JUDGE OF SAID COURT:

.r:-

-I::::J

Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and throu~ hiS.:A (1) attorneys of record, and submits'this his Motion for Disclosure of Favorable Evidence, and for cause would show the Court the folIowing:

1. The State of Texas and its prosecutors have a duty to disclose favorable evidence to the defense. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). It should be noted that the definition of favorable evidence is very broad and includes evidence that is mitigating, even if it does not exculpate. The subject evidence in the Brady case was merely mitigating.

2. The State of Texas and its prosecutors have a duty to disclose any evidence suggesting that Defendant is not competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697 (Texas Court Crim App. 1979).

3. In this case Defendant is entitled to relief under the Interstate Agreement on Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to *98 relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments thereto relating to a speedy trial. Defendant is entitled to production of any evidence that would support such claims.

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE

PAGE I CIFSICRlM_K.OlLasker.DD.8 1 07511 1·01·13703 CM\Brady.OOl.wpd

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order

the District Attorney of Waller County to disclose any favorable evidence to counsel for Defendant, instanter.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 II th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] BY __ ~~ __ -T __ -'~ __ __

Frank Blazek State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

*99 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2 CIFBICRIM_K-OIL"k.,.DD.81 075111-0 1-13703 CM\Bcady.OO I.wpd

'Ii

Certificate of Service

I do. hereby certify that a true and correct copy of the above and foregoing Motion for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the to ti'tAday of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

PAGE 3

*100

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE C:IFBICRlM_K.Ou..,k".DD.81075111.01.13703 CMIB,ady.OOl.wpd

CAUSE NO. 11-01-13703

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONT AE LASKER § 506TH JUDICIAL DISTRICT

ORDER

On this day came on to be heard Defendant DOMINIQUE DONTAE LASKER's Motion for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above and the time for such discovery to be completed by the prosecution is set at ___ o'clock

.m., on __ ___ __ ____ , 2013. Such disclosure shall be made in writing by delivering said writing to Defendant's attorney of record. IT IS SO ORDERED. SIGNED and ENTERED. this the __ day of ______ , 2013. JUDGE PRESIDING *101 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 4 CIFBICRIM_K-OlLaske,.DD.R 1075111-01-13703 CM\B .. dy.OOI.wpd

13 Cause # jI~O /- J )1D3 IN THE DISTRICT COURT OF THE STATE OF TEXAS §

§ VS § WALLER COUNTY, TEXAS bOlV\i~e DuJae- La6W l S06 TH JUDICIAL DISTRICT STANDARD DISCOVERY ORDER STATE IS ORDERED TO FURNISH: I. A list of all anticipated trial witnesses, to be supplemented as others are discovered. 2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made

pursuant to Art. 38.22 C.C.P. 3. Inspection of: a. All items seized from the defendant, any co-defendant or accomplice. b. All physical objects to be introduced as part of the State's case. c. All documents, photographs and investigative charts or diagrams to be introduced at trial. d. All contraband, weapons and implements of criminal activity seized or acquired by the State or its agents in the investigation

of the alleged crime. e. All records of conviction which may be admissible in evidence or llsed for impeachment of the defendant. f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent

fingerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc. 4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or other cooperation with regard to the alleged offense. S. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses. 6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness

by the State. 7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints. 8. Inspection of all business records or governmental records expected to be introduced by the State. 9. All exculpatory evidence pursuant to Brady v. Mary/and and related cases. 10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the

possession of the investigating officers or other agents of the State. Reasonable inquiry by the State and the defense is required. II. In appropriate cases, the State is encouraged to furnish offense reports and witness statements in addition to the above items. However, such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the contents are exculpatory. Such statements and reports must be tendered to the defense for cross-examination on proper request under Gaskin or related requirements. In the event that photographs, diagrams or models are prepared as 'J ury aids" at the direction of the State's attorneys before trial, such

12. items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof. 13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature of the discovery herein ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered. In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such *102 motion shall describe how the additional discovery differs from this Order. The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL

SHALL PICK UP DISCOVERY AT THE DISTRICT ATTORNEY'S OFFICE ON OR AFTER SUCH TIME. The Defense shall exercise reasonable diligence in contacting the State's attorney to arrange a mutually convenient time for the appointment.

The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days after discovery is completed. ORDERED and ENTERED this ~_ day of ~ 11( CODies: White - Clerk Yellow - State Pink - Defendant's Attorney Cause No. [ (-U I ~ L31DS J l--f)I-/ 310'1

IN THE DISTRICT COURT

STATE OF TEXAS /J~D/-/ 3705 v. § WALLER COUNTY, TEXAS bOfY]ihqf-e. Don-k usker ~ 506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

/1- 4-1.3 I 2. 10:00 a.m. MOTIONS & PLEAS All parties and Counsel shall be present and prepared to discuss all issues allowed under C.c.P., Art. 28.01.

3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before to-days before Pretrial Hearing Date all C.c.P., Art. 28.01 matters must be filed or will be considered waived. 10:00 a~m. PRETRIAL HEARING 5.

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

JURY TRIAL Final trial date & time will be set immediately after the Pretrial hearing.

*103 Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: _ _ ---Let_/- _q:.-_' /'----'~""'__

./

Counselor Defendant 51 az.eJL Defendant's Signature Counsel for State 1.5 Copies: White--Clerk Yellow--State :E ~ );- c::::; c:C' ,_ o

('l(/) (/ »-1 - I .:;:;0'1 CAUSE NO. 11-01-13703 ·'2D. W oz - l01

-0 THE STATE OF TEXAS § IN THE DISTRICT OUR1:DF~po -< :X -M § _ --i?J - M~ VS. § WALLER COUNTY, \ T E X·A S~-< > \ 0 § ! (") DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT FIRST AMENDED MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would show the Court the following:

I. The State of Texas obtained an indictment for Capital Murder in this cause in January, 2011. Waller County placed a detainer concerning this cause on Defendant while he was serving time in a federal prison. Defendant has twice requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (!ADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional proviSions of the Sixth and Fourteenth Amendments of the United States Constitution.

2. More than 180 days have passed since the District Clerk and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received *104 the request on July 16, 2012. The District Clerk of Waller County received a second such request on February 8, 2013. The District Attorney of Waller County received the two requests on or about July 16,2012, and February 8, 2013, as well. The second request was properly transmitted by and through the warden of the federal prison facility in which Defendant was incarcerated. FIRST AMENDED MOTION TO DISMISS

PAGE 1 C:\FB\CRIM_K-O\LAskcr.DD,flI07S\11-01-13701 CM\Mntinn to Dil;miss,002.wpd 3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days.

Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011). If the 180-day time period set by Art. III(a) of the IADA began running on February 8, 2013, trial should have commenced on or before August 7, 2013. If that period began running on July 16, 2012, commencement of trial should have been on or before January 14, 2013.

4. Defendant is entitled to have the cause dismissed under both the !ADA and federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 *105 (936) 294-9784 [Telecopier] By_1--,-' - - r - -

Frank Blazek State Bar No. 02475500

FIRST AMENDED MOTION TO DISMISS PAGE 2 C:\FB\CRIM_K-O\u.sk<>r.DD.RI075\II-OI_13703 CM\Mntinn In Dismiss.002.wpd J7 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and for<;.goin$ First Amended Motion to Dismiss has been forwarded to opposing counsel on this the ::J~ {,~ay of October, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek *106 FIRST AMENDED MOTION TO DISMISS PAGE 3 C:\FB\CRIM_K.O\Lasker.OD.8107S\II-OI.13703 CM\Molion ^[10] Oismiss.002.wpd

CAUSE NO. 11-01-13703

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT §

ORDER

BE IT REMEMBERED, that on the __ day of _ __ __ _ _ , 2013, came on to be considered the above and foregoing Motion to Dismiss. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED, and the indictment is hereby dismissed with prejudice. () DENIED, to which ruling the Defendant excepts.

SIGNED: ______ , 2013.

JUDGE PRESIDING

*107 C:\FB\CRIM)<.O\Lasker.DD.81075\II.OI.13703 CM\Motion to Dismiss.002.wpd 19 Cause No. 11'-01- 13'705 1~'lO+ STATE OF TEXAS § IN THE DISTRICT COURT l ~'705

§

v. § WALLER COUNTY, TEXAS tom j t:l41{t'. DM±tr:. j ~ke/

§

506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

All parties and Counsel shall be present and prepared to discuss all issues allowed under C.c.P., Art. 28.01. I ·

/ tJ· DO

I

~ - /0- /~" ~ HEARINGS & BENCH TRIALS(JU~ ! j /

3. On or before to-days before Pretrial Hearing Date all C.c.P., Art. 28.01 matters must be filed or Will~~.

4.

0<- /Lf--J'-i I 5. 10:00 a.m. PRETRIAL HEARING Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a triaI is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. *108 Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: ___ 1,-' \_-_4_-_I~.....ooc:...- _ _ _ _ ' replacing prior Scheduling Orders.

nlYl d~ Counsel for State Defiaant's srgDature Counsel for Defendant ~ \ ALBERT M. McCAIG, JR., Judge Presiding Copies: White--Clerk Yellow--State Pink-- Defendant Gold--Defendant's Attorney I --~-----------------------------'---------~--~--------~~~-~~--------II Te: HOOO(CAS\(' J~te Mc..~j J r ;- ~ :~;j 11 --,I c:;:; i.o<-£.t-O.-· '-="'"'''''''"''r-'''~--------- . ,II B' ';?(" austin strc.L..

0 -:: - . ::O:;-Ifi1-- ~c;d

Ikmostwd T~, "l7YYS =<\ : ---------------,--~~'~~:l-...!.~C4t-1 ---!:.-..!-..:.L~------------~t__~~___;.~, '1 - - - - - - ; __ ---{;:3 .. _

rn~ '--,..(,

-------~----~---~-------------------------------+-------~--------- ::>-"

-J

('" : From: Doml'niuu \) .. klc.er 0 ~ I ( ~ 7 () I tcJ vII-- Sff'C-eJ

I

I : ~ ' , , '. _ - ' - -___ ~. ,-----ID,,,,,-,C,,,",,().j"'--7-j-' ---,!+~D<.!Jf\t:Lffi1\c Jv..dy & (Q.f0,.........>.JL.!..l~-------, f' i ~ ^[1]

1 !GoOL!) thelt 'lQ\l CArL CA hus,-! IJV\CA.V\ J bu,t .L b:J~L!::~'

: !

":1wr ~'fJC C ourk's\{ j ~L00(J~ tom me· I· £d rhcvt· L blA\J~ . n"Ull1 : JeprlvLJ elf t"l\~ ("cr\StlhA-,DOVW.J ri5~+S J CtrIJ Si!1you Q!CL thl?.- Jv..Jd~ )-ctnJ ____ _ ,. ±k- ~vJ5e ts s'v.ppOS(: to be.- Jl,),cl§t~ elf £'IS~~ftatb, . 8bk CUr\.cl_· __ _

.~

------,-----··-, ... ·-->-.b-PpoqoS 4-\±D(i\e..,,/S) L.0i~h" all d~~udl·e.Vt- it- sWh t"u1th ~JJ..'3I'rl .I . ________ ----'-'--'t-""'u-:::..I_+kt.J...lJoo!!"'-·~\I!2Y. 10V~ b~'Ylec C btC\S.c.Jj s,\C\Cc . .r S&-t.Ji,...."r ClI\ __ d':::Ll J(,\~ ____ .' --=--______ ~.-':t-"'-j)-'(...u.)'-L>~~\d(.4 ScdJ. oJ-- tb~ irfQCfY\"J ~tfill"u±. 1 0.$kJ. 'f'lA. g,bC>\..lf -

-------"i 'i +bL motlOV'\S ±but :L~~ Cwth) o.iLL~Cl~ \iV\e..~~)f,01: \o..w

- - - -0

i I J0)~' r'\Dt perml} \fYI! h cL tbc..l-+· ~t\ bJ~ I2WV\ ' '-[Ou. d;~ Y\c\- S.~k <A *109 .' ___ ..:, --------Hrlll-'I=O"=~"---""l-"-'OJ\~£..~~r-Ih-~&tC 100- ActIJLl~{ 1k L1)de of C-.Li.M/,,,J ;0 (occJwc.. ' _____ +. ,~~L~~\.j_~)ht h ~tt,\trtt 1'b'iS,e.,lfJ--C91 (D\.J..O~.eLru:: both, AV\J.. ____ --"--- I , ~_3kE~ __ ±h~i. ~_J~.!i..fe..f\clCl..~t. __ wh.!LJLncl:_9_f'U~t~J-.h.~ __ ~______ -.---__ : - - - - - -H AclicJt ____ ------l-t_cdtor U\{,>\JY\~L~'-:'~T-r~Lg.Jjl\J-+--ffiPj;~~-~ . ....Qthu-_-f~c (" J) /, J £'.C __________ . _: _ _ __ _ -t-f--'-"I')("'--J(')~{l+'-'..!.lh"=_L ..:::..:.;JJ.~_w~~1L~1-c<-k ±k .M..~s oJJc,-~~_~~~ __________ I

I - -....~ i ~.JffiginaJ.to.£ourt.Eile . . \ -

II

c:Y' .copy to District Attorney \ . . Cc:, D 1F: J LA ' r py.-ton.efensi..A.t1Q.Ili~-·--·l-· - - n__ ____ ~~~ ,I ~-- .. - .. - - - - - - - - - - ...J Y7~-

____ " - .- - -

-~1 Blaut:

----++-~------------------I

li---=e...e.;=\-"\I_e.=) J..-->.('<\~" \_~ f r ;. W~t'L C! u'\~ 'i O\ll . e2LliJe-\\.{ -.J ..... >..o.-. --'\--'-f_~,.><..O\h=- ...... _ __ __ --,-f-+--'---'->..o.».::::::==.--'-.\,\Ci ~~Uifk- . to\Je c S, Cl' f"3 ~\l dosu- "'-()+('t',s, ;c. A-SW ---. J -----H-'P<'-""~~~~~ of M~ ctloc~Q.bt cw.J '/O\.l S'uiJ. 1: JiJot kcWf oM __ ' ~

I.+"w

-~----I--~""'-'---=-~""""'-->.'JW~e..hlLf~~ 'CO CJI'/lct I'YlL'J mqt(OAS tbu.JI-' -L.kJLllCA.""'ve..~b=CL='--'Q ______ J _____ -H--''--'''''='==--~'-''-+"'-"'-"'-:k'"'''-J__ub~Q.~chl &bo:J: bs6w -e..clrlL~ c,f rbtSC- }b1'AS>L- 1 .,,--o _ _ _ ~ __ _ --I+-T ...... _bu<cl ..... t-,-b~~~ d;>ct.(,~1 wJ--.-i.DiclL~I-~uml'oe __ J 1hor o\CL~(OIJr'Aj 1u '

\ ' J - , _ ___ _ -+~~~u-~~~~~~~~~~(~~=-~~~~~~~~~~c~h=~~wJL(j~~=j~-~ -------+i--""-'+-'~u':'5f't~,'h.-'fI-·--'-tJ, .... (-.V"9±ct~(\J~C&t-"--';'t~('tiU\CL o...,\L~ C"'~IA .1ooocMH M tkJ- JCA.'t . _____ -H--""L-'-"".&.LU..l.u.u.u.-=l'-""'·""-'-Lrb~i..u..I\_l.Y\f\.L>;'12,c..\f l~ w~e.('t. fr.; +k ~Qf'lOC I (\+-hGl,t-~ I,.

I.. Scot ±be t ourr- Q..VlJ· _ ___ _ --+t-'-'--'."--~,.,.·=\stt~lc~t_"".Afuroti..\-..fr-c~fLul~c&Lc.!8.LBfu;l,l 0\; ~O$ ItiOf) ~lL<..&t i/\ k~JJ.J;0~ __ _ ------H---""-I.l.LD.-~~. W; CLf Act;c.Se.... S\, \L\ .~w ~CLd ~('se\f \fOJbc.J:££l,.t'VtJ itL.b;J.. ~c.4t ~kulJ ______ H_b=c...=-\o!l4-l-J..&.:~y?~cl~t: Ac-t- Cb \1, L f.t!ro kV'L 0.. ~~~of 0~c..o..er,----.-- - ____ -+f-1C;t'l~~0L\.~t +b,\ T ;me~wLtl4~ili~\S. ThL who'tL-p~QL~~~~ _____ _ ------H-'lA~~\( . 1~k_lAlL\1L'tQ~r--.1L1_u.hl-'.-ill~11lLt~~ut.1YYLC!,~ ·I"'-f \=CA."",CL",--_

__ J ------+f--"L-,'-'lm'-'-'-:~_OJlI:!.\{"J~L~~\l -hIe ~D\!.L~\J.ill.dk~00 -to 6~L.:l.J.rJ-. VV'lL...:'=L __ __ . __ . ____ - -------+I-'-"~--'~,j~p.U\l(,'), ')!\c1)'cA-fneo\:4'l~.illYI~C cOvY\f\W(1\-( ~Cbl'('S)t \"De., I J(Y"It IG.rIow - _ ___ -H-'-'o..~~~wilh_tbLill~LJb~L1-~ h bc\k 'l~",-r--=t.-,-o\J=f_\--_~ _

tr: c\c~_gi.~~ ______ .'j _____ --I+-~&~c..~~lL:l:lL n'rSt p~L II[', ~c'LtI.)(\ 1 --------+-I--'-'-'0-t I~~~~~c-.,IJ, L~~movcc, :\-hIS, lou-rt +0 ocJe,c ..he.'. bL

___ . *110 ____ _ -++.JoL'.rp.\A§~o....±4d..~~sc.u.\,.TI1l~oill:L~y--tc..~ot.~,,\-L\.6S+c.J\+(- __ _ ~__'_ ___ -I+-~~L-C!ffhl~y1:DIl:c;,\D01, $L~.--kt·c..K. ~\, \\\ '. "I\)LJ~L\LI"IC.L-D1L- ________ _ ------+f----«hl.Lc;>Lro.-) 1Ir.e. O,Jec ~_lo.~~L! (\uJy_\ th4: \e;; k>~\)""-LA-,-'S ___ . ------H--='1-=~:::..l..-~2J<· .L...JLro~.fuL'1~LmtoJ.~w...1....1LJl~(~.±hLlliclJt'.., 'lh~.ls-t1}LLA±t3:?t·.u.VX:-'+'f~S - - ------+f--L'-l~\(\ ±~[L_L_~"'I,b,.W.(\~\ bIt o:::,~~v..0U~jkt', 1t- \..QC,L..L~UL~Ct....d.ihL.J~ ___ . _____ -++~ ........... ~J\t 1-~ LuCODj c)'JJ{f)\ \ .CU"~ H\u.+ 1~ JJ \f\Ilt €JP ±\.'[OtAb\r. ~b( WCl.=(.>oLId.....,oo<->--.·_-c-_

.• lbe. CI}'()\'1 ACbl.A-\('l)U'+ -\\0.-1- \~ Ur,f\ d0~~ k bt.b).JL~1J._1L~_H: , eAi<b. ______ ----I " Dot ~O ~tQ,A~ ..fu< ~c.\tl\ C)~ -1+,- PCi'&DO' '1\-'c.~tc.. tAU 3¢e.N\ \JU.\"l\ f-=u1-~- • • fA ~\C!U Gc m~ fcott.G-D'¢o ant O\~ bwt'?;'tJ rl~.t.lIL_defl';!te ~t!o<!_f)"'"'1~'__'"m.!..!.L'-__l_V"l'"'-'lv,1_ ____ - - - j .: Sl,lteJ., +[I'LI tishHtbr;.t 1\ bl:dl[L\_ol\ lli 5>h*-.Ll,.u'L_~l1tt CjIY\"CY\~_. ____ ' __ -;

r .J v~ , 1i V "Q , i': ' , : : ScuJ,i,~ mCA' \ Cich'Hi,J ~vst rou.\:.L~ S\JK. tt o.tTttf~ o.Jc dill) r\CI.:D M C> t La.O be. t-ra.c,tcd, , :' 1- wus, Sc'/k\ ~ it ww ~±U, W\~JJ('(\C hut: iVr Sd--:II Clw!rvi-h lcJ.=v'-'-c _ __ __ ,._,

____ ----:--.;'-:-....... b~(C£-l\lj"J CA.i),} i'l,} r~r\ s ctl.'i\ rAfkLtWft' vUulvcJ.-C.l.ruL-CJeJ Jt,c,'r- ~,-,--,rf;,¥/_~ __ ;' SSo it \'Y'LikL, ±\,ot-O<;)UI)'\{{\t ~11/j)kv-~' 1h( JiS:Ut- uloul- bdV\)-£rwMc.leJ 4rDUSh !' +\..e.. ImrJ.t.,'\ b be +dc)uj blJ,.~~c oil ,fu,'AjL±k WClfJe~QVlI~(\~oLt ....(.Jt~~"'~'f---'VV\C!.!.e..~~ ____ ~ I ,

- - -__ ~'~ •• -~I £.l..J., C.;u'lffiL.!..>-' ~~J,J1 ±r-,'u1~11f~tL1S mlf Coo&Dh.l..li.o£lJ. {'i)ht· 1.h.c.r.1-« -,1..L·~--------1 Y\D S,\~l\(¢\rt ~~.,,-r .hI -r\-e. \Ndili1Lfl~~fto\AtH elC (l,1J'i ~~ _--:-____ - - j :·i i: ~ AMl'JL ~\.)4 tt ld) It ~e('c \\ Ui'.\.\ G,f\fv,s(t>i\· h ' PO[(\t ~.f. +l, tV\~ L~ ___ ' ___ , I . -\-"",1-- II- ckt10t ~c tc.I 'f:l' -thDv..~ J\ Wut~r rut h~.L~e 11 ecoct~,-I< _____ _ 1 : l I \c ~\: be \:l.)c..t If'. I'\6L u/\1 \\..e

l.)urtMlf'.) ik ~eJ\AlCJ...(\ -\1 ~~~j.. flCt-iv( %_8L.d""'t\:......:. ______ _ ,: ----------ri r - - i ~~.\.L\ (\\,.......Ll'i' ~~~ l,,)ufvkI\.OLJ'\.-J2~~~~)H .1u..s b Lo]f.CLG.-t _____ --'-1 p ! ~..e.L'>(k"" .. A, ~&or~In,-t\ ,+0 m~~ll_....ruL(:A(L')c-Y.I'~cls..:...As ~El.l.L-~D.\.,;)-~~-~~~---

I i ) I I , ' _ ____ -----+I+!~.:>.J:._L_J..1JU~~tuy.J)(C ct.)) M\}- ~t.l~OCLL_~.m...~~(,.t\~ e-L~' t\lot= ~&_f~~ft\.LtJl::-'.L.l.ffillill1j~----~

!

_____ ---H!_3"'UOOU"l.W.n: r~ e..Vtl\\tb,'o) tie ~hlttd- A±t"PtiN.1_c,.\CM'~ ~5,L.oJJL.L0UL_n,u.cot--,-· -=I"'--__ ~ ------1 *111 II ' '~--____1IJ3e.ose.... -r\--u.\- \\-- "";\\ '/\ot bL w.~~~i.c<JL~Q!fCJ..kS~_CA.\6.cl....fu.r&.£e...._, ______ ! ___ ___ -+1 f-'~~~~~cl\J...~L%lli .hR.'!! ~i.LV.icl~J..'_..1L_~C.~Lk..i't: \~ CAc.-\UI\Q..~~ _ __ _ ·' _ _ ' H.JkJE"hL\L~~(..\ k,,\ .\k~e. LQ~\:Lro~~jc!"~"LJ1 __ ~{LjM~orJ~Jl)- +v Adidc..-__ )g, Obi' ._. __ - - - jl~_J,,·"L~Lck,c\""W-J,.\~ .wllhf'f<i.uJ:tL~.1f_.\o.w> __ ""--.hrohi\b ___ ~_~ ___ ! T.' -~, L ~k~~.Jb..~~1)~_~lucJ_~_--1.\i_jk __ ~_wJ.~CA-\J 1.("\ k, ~\.L-,' -'-,-1 __ ___ ' --t-;- ---'A'----"-=c..\\'-'--"'cl.:!,=<~~I.b.....~ ~\l.J.~L. 'ffi!.-_CbkLurJi i\j.J-2 -fu.- ICAW 1-~: __ ~~..lQJYI~!C>\t_.~ _ _ ____ ! I - I I ! , ' \ \ \ I \ ) . : -1"' aL-. ~ \':)(\'\W"h,1 ~ t'Y..- .illW . - - - - - - , - - - i I ! -.. -------:-. --,: -----:----'- -----.:----,-------' -! \ I! -:,-,:::----------, I .----------:--,--:-----:-----.---- -------.------':.--'----:--------~- i I II ,,3 · __ ~,' 0_ --'---------i+-'WJ---"-L--"'-ll.>lL~~----'''''-'eN(l \\Q\J. \ ,\eCL C"" O\QC<.l ~ ~~~~,I-'-I'')=I...l'-" _______ -_ ------'-H--'-~-'-"" ~=_>""_I_lJ.J~_"+_-"""~~~ 11cLt ,tL~\\ t Cill')" rt.vC-C-\\if\S to ~I!)"t

~e.L rY\ '\J,DUC tc,\.,IsL-~~~S~c\=" t.4~1't\~ letheS +0 prCivn;,l\w\- WO\MU\ L~l.-t 40 \oo~~(.K..-\bV(\j\ f 1. ~u.ce-,-,rt.Le _______ -J

------f+--=.::.:~I"-'='JU,.U.>.\____'L'''''''--'''"--'lcur£ ~ ~L.k~

ck

cv\~o· l~~i" _____ ----i+-'"~~"'__'.ALCJ..L.>.--l-!->"'--""'cu.L....I"'_'\~e:LcU\l At fi~~~~.l t "k~ *~U."C._~i"-'=9~ ___ ~--,-..J -----~+-'~'--'-"-"-I-'->:s..-.J~~~~,u.,t...1.w: L cL 1o.v-e. ~ sbw ~-=--1h~'I"'is.t ..... e..=\IY\-'---'-t""-"''-Lr±h~ ______ _ _ ____ ---i-!-"-~"-'--~~""--'~""-""~~--'-"''-''''-~'''-'-.I....I:I--'''-''~/)\.M\\-\I V U$IoO\" Q ( ±f\J --------i~~~~='=)~~~S~-M~~~~~(~~AAl I ~w-w~tG~ ~.\~~of~-~ru~r~"~~~L~~=----------~ _ ___ _ -+I-~~~~~(f I\- \\ ~~~\-'t ~ ,~o.vc-- ()..c.(t~~' ~ led-c;J~ ___ _ ------+f-1-L""""'-""-'-'="~-"""--4>''__'_t'_' .............. ~\. ~L&\ :>4 rog.'ti.rl..l· ~bLi.LL~.LD"f\,-- __ _ _ _ _____ ~+-V''''---I=~l:ll--Ul..~l..-r..om~v..1iC W~u.1\~LU .. ;\)"(I~ ~~!f{ • In ~.>avc ........ t_ ____ _ _____ -I+~wJO~L~Cl,'J ~tlf\J~ Wonvil to b~_t"-,-h!k-l _____ . ___ , __ i _____ -!+<..J-.U.;w::L..---.uvtiliLLC1p~cJ~ c.wliL_-y~LwLuilyLiL.~-h;4"-,-n-,,,L""'Du",-,J\- __________ "_ j __ _ __ ---j+-'--u.~-U:I~LJ.U,nJ.~D_~t..\.tl.(C WCl\J (\ .. vi" ~\\I'L bk'ntc-l~\l\\.\ k.......lkl'..k~_----,- ___ .. ____ .. 1i

. \ J r~ __ _ -'--_~+_'_'--'-'-'!..--L!..:>JU.o.<-l.A.&Ul"-'-~=~O(s ~\.lS,\J\(SS' 'rn 1 m{AJ) ,hod y un) SD~ __ .. __ _ _____ ~ _ ____ -++-'-~-"'--'!'-"".uuhili\trc C1Ss.I;cwc.e:.~-etZl. )yoow 4u.t 11 l~c.Cts.M(iS~~bc.c...... ------+t-'--'-"-:lN--'4J<..l"""-4-~t--k,kL_~i!.__~~ lour\-\ , b..9_nt Wo~t\; fu h PC6j\e

i=ulClll-l-'-~ -______ j .. . \ " I ___ ___ H-'-<..U·.i~i,LUj,eJ. 1>~ut<.-~1J t.UC.\L \\ ·Olltttvs~tJ., ~~~_~.v-,,-,t,,-Nq-- __ _ *112 \ . \ .. - - - - - -H - - '= " ' · .. nL1L...FcLhc.'t...o~~S~~U~..L~lli-.iL\..61.I'.....'" ~~-~c\Llve'----.- __ - ------+f--U~g,~t/~~I)..l~eoAi.:6__ko..~lhfdc\1'-t ~ "JQl.Lw.d,L.rv-1g.L'i~~--Q:\~~_)-30_~o~" :hOOf In ------H--4-l:(;"~LollL~wkA- :t (\'L,L±:v_~1LD~~cru.L....b \1.ox'-_________ _ ------++---i=-J.I...!..!..!.!.D<.<!..O~"_t.J.I{r,k-~~j-\.J.fr......ffiecr\-io,'\jr\3 -lh<4 __ ~~~<-t.--_------,

-..L,,--,~_J&v& \J\/~k 'cfru~k." \ks~._\Lk~~I.S..-LO...Y"_f_\4-=~-'L\.,~~ " _ ___ _ -------+-t-="..:..-....>"""""'-'-~l.--~Ltrs-- '1OJ[ \).D c~~ \1V'f1l\= 'f~cI.L-9\tt. 0," (, ~~t,,-c .::....- .......J~~"---"l"O=;=\\ ____ _ ---_-H--""~"=L-"~::.w;· ~~~~~--~tJc :be 11lMQ,c1v0......:: __ ______ _

- CCI~t Elton R. Mathis 645 12th Street Hempstead, lexas 77445

Criminal DistrictAttorney VValier County November 18, 2013 Mr. Frank Blazek 1414 11th Street Huntsville, Texas 77340

In Re: State of Texas v. Dominique Dontae Lasker Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705 S06 th Judicial District Court, Waller County, Texas

Delivered by FAX and by Certified Mail receipt # 7002 3150 00003033 7222 Dear Mr. Blazek,

Please find attached the State's proposed "Stipulation 0/ Evidence" consisting of a number of attachments. I have taken the liberty of filing these documents with the Court as well for purposes of argument in your motion for dismissal. *113 Fred Edwards, Assistant District Attorney Waller County District Attorney's Office Waller County, Texas Enclosures

th Cc: 506 Judicial District Court PS \ I No. 11-01-13703,11-01-13704 and 11-01-13/u5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § W ALLER COUNTY. TEXAS § 506TH TH JUDICIAL DISTRICT DOMINQUE DONT AE LASKER §

STIPULATION OF EVIDENCE

COMES NOW, the State of Texas and the Defendant through their undersigned attorneys and enters into the following stipulation of evidence for all purposes and all aspects of the trial of these causes, and would stipulate as follows:

1. The State of Texas stipulates that the State received documents marked as State's Exhibit A (consisting of eight pages) on February 8,2013. 2. The State of Texas stipulates that the State received documents marked as State's Exhibit B (consisting of five pages and an envelope) on July 19, 2012. 3. The State of Texas stipulates that the State of Texas through the Waller County Sheriffs Office obtained custody of the Defendant on May 24,2013. 4. The Defendant stipulates that the State of Texas sent by facsimile copies ofthe indictments against the Defendant to Kelly Palmer, U.S.P.O., SD/CA, on October 7,2011, consisting of five pages, marked State's Exhibit C.

5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning necessary forms for transfer on August 31, 2012, consisting of one page marked as State's Exhibit D.

6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden USP, VictorsvilIe, CA forwarding completed lAD and required documents and USPS Certified Mail Receipt card, dated January 2, 2013, consisting of nine pages and card, marled as State's Exhibit G.

*114 7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31,2013, consisting of two pages and forms, marked as State's Exhibit H.

8. The Defendant stipulates to a letter from USDJ, Victorsville, CA, Corrections Systems Officer dated April 8, 2013, received by facsimile attaching Prosecutor's certification and lAD VI, consisting of three pages, marked as State's Exhibit F.

9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas , Texas Administrator cover letter and lAD Form VI to Linda T. McGrew, Warden, USPO, Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service Receipt, marked as State's Exhibit E.

1 · . i 10. The Defendant stipulates that the Waller County DA's Ouice received from USDJ, Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's Office letter of March 20, 2013, this facsimile received April 9, 2013, consisting of one page, marked as State's Exhibit 1.

11. The Defendant stipulates that the State of Texas sent a letter to the Warden of FCC-USP, VictorsvilIe, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May 1,2013, consisting of three pages and envelope, marked as State's Exhibit J.

Agreed to this the ___ day of _ ______ _____ :, 2013. Defendant's Signature Sworn to and subscribed before me on __ day of ___ _ _ ____ _ 2013. County Clerk, Waller, County, Texas Approved: Frank BlazekIBilly Carter Attorney for Defendant Elton Mathis Criminal District Attorney, Waller County *115 Judge Presiding 506 th Judicial District Court

2 t? U.S. Department of Justice ." Federal Bureau of Prisons 2D13 r"'~ 3 !"I[J:~'1 Federal Correctional Complex Office of the CorrectIonal sysO ........ '--~--I~4-!1-1.-Ao<" VIctorvIlle, CalIfornIa January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County S06 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainers Act (lADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement. X The inmate has waived this 30-day period. You may contact

this facility directly to arrange for temporary custody. under The inmate has elected this 30-day period, provided Any court proceedings Article IV (a), which expires on DATE) must occur after this date. *116 Please remit to this office the original completed Form VI,

~ "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the lAD Form V (RP-568) and lAD FormVl (BP-565). The persons designated as agerlls to return the prisoner to your State must also be the persons whose signatures appear on the form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the - warrant when assuming custody of the prisoner.

EXHIBIT

~, - I st - A.

· · ·

Page Two

HE: Lasker, Dominique Dontae

Hegister No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article Vie) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden (clU~ lsi D. *117 Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator i' , , lAD -NOTICE OF UNTRIED INDICTMENT

DP-S235(51)

US. DEPAR'l'HENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INMATE NAME: REGISTER NUMBER: INSTITlITION:

FCC VICTORVILLE COMPLEX

LASKER DOMINIQUE DONT AE 22867-298 Pursuant to the Interstate Agreement on Detamers Act, you are hereby mformed that the folloWIng are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, . and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or or ere suc e Ivery. d d hd I' Linda T. McGrew,

DATE:

NAME AND TITLE OF *118 Complex Warden CUSTODIAL AUTHORITY Charles E Samuels Jr. August 31, 2012 BY: D. Wren, Correctional

Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original InrnalC Cupy: J&C File

Ccnlral life BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM FEB 94 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Court: Jurisdiction: 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a fmal disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for fmal disposition of all Wltried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein. and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(51), Certificate ofInrnate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONT AE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint cOWlsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of COWlseI *119 will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. Address is: (Street, City, State, Zip Code) A. My COWlsel is (give name)

@request the Court to appoint Counsel. (Inmate's Signat\lre) / .~ ( /

Record Copy - S~IC lAD AdminislnIlor; Copy - J&'C File; Copy - Centnl File (Sect. I): Copy· ProsecutinK Official (Mail Cenified Return Receipt); Copy - Clerk of Co un (Mail Certified Return Receipt) BP·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDFRM Febnllly 19 94

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE

COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tenn of commitment under which the prisoner above named is being held:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: Name and Title of Custodial Authority By: (Chief Executive Officer) Charles E. Samuels Jr. Linda T. McGrew, 1130/13 Director, Bureau of Prisons Complex Warden ((J..UtI-- '(' D. Wren *120 Correctional Systems Specialist Record Copy - State lAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

lAD - OFFER TO DELIVER TEMPORARY CUSTODY

BP·S239.0SI

CDFRM F ebNary 1994 U.S. DEPARToMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30,2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

ELTON R. MATHIS Criminal District Attorney WALLER COUNTY~ TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONT AE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please infonn us as soon as possible? Kindly acknowledge. *121 Namerritle Custodial Authority: By: (Chief Executive Officer) Institution & Address: 'r~~n Charles E. Samuels Jr.

FCC Victorville - USP P.O. Box 5400 Director Correctional Systems Specialist Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden

IAD / STATZ WRIT - PROSECUTOR'S CERTIFICATION BP-S565.051 CDFRMDEC 02

U. S. DEPARTMENT 01' JUSTICE

FEDERAL BUREAU OF PRISONS This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DOHcrNIQUE DONTAE, Federal Reqi.ter Number 22867-298 via X LAD __ State Writ (check one), and do hereby agree to the following conditions in connection with the request for custody of said inmate. Condition. a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of security required by Bureau of Prisons Policy.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for service of any sentence imposed in connection with our prosecution. d. Agree to return said inmate to the federal institution from which they were obtained at the conclusion of the inmate's appearance in the proceeding for which obtained. e. Agree to notify the local jail authority of ,the responsibility to return the inmate to federal custody. As the Prosecuting Official for the State of Texa. I, ELTON R. MATHIS, Crimina1 Di.trict Attorney, hereby submit the following information in connection with my request for temporary custody of LASKER, DOHcrNIQOE DONTAE, Federal Reqi.ter Numb.r 22867-298.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be \ C4.\.,,;-t W r.. {-" confined durin le al roceedings. D4~ ""'1,*~ I .... 2. Scheduled date for /,trial . 8 {} 3. K. a,.1 ." .... S ... ; ~"', ~\.v~~ ~q,q) &z,",- Z"l. C!.\"'~J .) \ ~ J 4. Name and phone number of the state agency, specific name of agent(s) who will transport the inmate at direction of the court and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting the inmate for the state. ""'.\\I"~ •. S.O. q"'fC\01,"~ eZSz. 6. For State Writ ca ••• ~nly (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and

phone number of clerk of the court. *122 b. Reason production on writ is necessary and reason another alternative is not available (for civil cases). 7. Signature and Title of Prosecutor Date Subscribed and sworn before (Date) : _____________________________________________________ _ 8. Signature of Notary Public Date

Original - J&C File, Copy - Central File ThlS form replaces BP-S565 dtd FEB 94) PAGE e2/e3

RECORDS

e9(85/2a12 a8:35 .' , .r !AD FORM V - REQUEST FOR TEMPORARY ·CUSTODY CCFRM MAU1.t.O F&:B 94 BP-S568.0S1 U. s. DBPAM"NZNT 01' JUSTICE nD~ BORBAU or PlUSOtilS Six copie~. Siqned copi •• mu.t be scn~ to the.p~isoner and to the official who has the pr.isoner in custody. A copy should be sent to ~ha Aqr.~ent Administrator o! both the .ending and the receivin9 .state. Copie • • hould ba.ntained by the .,eraon tilinq the reque.t a.nd the judqe who s:i.qns the requetlt. Prior to tran~fer under this Agreement, an Inmate may be afforded .. judicial hearing (Cuyler) similar to that provided under the uniform Ext=adition ~ct, in whi~h the inmatQ ~y brin9 a limit~d chAllenqe to the rec~ivinq state's raque.t.

11 To: (Warden-Superinten~ent-D~rector) - Ins~i tuti~n and Address V.vd:;cJ .5+04 t,..s -Pel\) I {~/JfI"A':J ~ Vic. ton. v' diE" ~.C C:. 7(-0· .Box 3'10~ Pt De 1~"1.~)oS

J

please be ~dvised thet (Name of Inm.ate) ))0"",,,1 N J q IA Ii ]jON 1 At:: LrtS K.t:12.. 221"f"- 2.""/ who . ~;~~~y an inmate of your institution, is under (indicate eppropriate) ~

~d~~~:. Ic.l /-iRfematoien) in the (Jurisdiction) (-eOlLlpnn:nt) ... , 1. vJ ~ IleV' CO~lvty /'i>(145 / of which I am the (Title of Prosecuting ':3 II j)iS-\VI.,'~t ij H O;1J\1~ Officer) • Said inmate is therein charged with the offens s) enumerated below:

1- t \ - o.-f,.{ O:f'f_n.e (.) @ Cp.y~-t~1 Ml.4v.oev-l\-OI- 13 =ro .. /?C&4Jli""( J~VJ) ... n\ ... LI-{)1-13":/Oy....jX) t,:::;CYr I propose to br nq this parmon to trial on t II (indicate appropriate) I nd ctment f"eOla~dllt) w1thin the time specitied in Article IV(c) of t.he Agreement. In order tb.~ proca.dinq~ in this matter may be properly had, I hereby request temporary custody or such paraona pursuant to ~rticle IV!., of th~ Aqreement on DetAinere. Attached herewith find in triplicate: a .. CertiCi.d copies of the complaint, intortnat1on or indtctment b. Certified copies af the warrant c. Certified cop1es of !inqerprints, phocoqraph~ or physical description I bereby aqre. that immediately atter trial is completed in th1s jurisdiction, ! will return the prisoner directly to you or al).ow any juri.diction you have dQs1qnated to take t.mporary custody. I aqree 41so to co let. Form IX The Notice of Dis osition ot II Detainer immediatel after tr1al. t . Date

Printed Name and Signatur : ~ _ Title ~ No" 11) 20 r:: \.1. \= ,ON 11:.. t'.. ~ - - - - - - - / , .. I J/ls t?,'c.... tJ\ 1'\ PH 0'" ' " ' PI "\\..5' L~i'\.4II\1.... v ""''"' '1-=t4'1-S;- Address: City/State: Telephone No.: LP'15' tl'.l.H .... s+(-td *123 \~oe~p6-bt-c:..I~ ,T"<XI4.5 q-=ltl - g2v - ""7=1 IS I hereby certify thAt the per.on ~hosc s1qnature appears above is An appropriata o~!icer withIn the me.nino of Article IV(.) and th4t the faC~5 recited in this request for tempora cu.tody are correct And that havinq duly racorded ~4id reque~t, I hareby transmit it !or actibn in cord.nee with it. teDm and the rovision. of th~ A r •• men~ on D.t.iner~. (

Judge's Print~d Nam~ ~nd Signature Date tVO V ;1(.1 J 20' P\I b~,A \"\. /'l.CCOl~ Couv1 Telephone No. 0)"1 {,V (This for.m may bR ~epllcat.d via WP) NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS. INFORMATIONS. DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker TO: Office of District Attorney FROM: Reg. No. 22867 - 298 ll"' S\{ c.c r <;,ui, ( \ Lb L\ b United States Penitentiary Victorville FCC

Hc.(\I,,~~r{uJ T'f... f7~4S PO BoxXJOJ{ 3900 Adelanto, CA 9230 I

Dear Sir/Madam: I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: # 11-01-13703 979-826-8282 Ca12ital Murder Charge # 11-01-13704 979-826-8282 Ca12ital Murder Charge # 11-01-13705 979-826-8282 Ca:eital Murder Charge # 2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Sou the rn District of Cal i f ^[0] rn i a , to a term of 121 months. My current projected release date from federal custody is Aug u s t 13 20 !2. ' as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration. and do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes. rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or *124 disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities. pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially. &;, >~ D,,,d ~-.1.Q1d..--'-.P7 I ~ ~tm ~ - 1\- ~ RFQt1ESTOR '~A.;~· DomInique Dontae Lasker _'_~_I~w..r'~ Authorizated by the Act of - - - . ' WITNFSS-PRISON S'I \1+ ~lE~3Ufy 7, 1955, as amended, corlF:s: (ml(il~ ,\1 Ii' f)1~1r.IrT ,o\1R(fiMjt~{~~JW(Q4th$()~tar('( JI1/l~ ^[10] /If ISLI) \\HIIIU'/)I'l q '/( J(()I'H1 II II! IlIS\/IS'.-I1. Al.so: I~('II 'Ill I)(}( I \1/ ,< I ,\ II"" I 1:')\1 1111 ( .\.,,: tJ.SIG~ ,§ 4904. \~ '.'\lW I ,>:, , /1/1. W ~f:/{ ,\ST;11F1 .oI/'i/' P. \'111/ PI ),\1/11 I· ,"01 'I~ '\1 ".: II.".:'·~ ~1\l"11 ()"I~<,,'Il.-\ 1·\ ( '( ,\ //'1 '1 .\ 11"'" I'~ I" it JI . I "If' II "', y, ,1 'R "I~ ,,1/ ('/1 11 /{ I ^[1] f '" 1 I)'" I I

EXHIBIT

I 5f-:B YII' I.a\\ I ,hran l'!lrms:N(lIICC~rccl"'lnal-l)l't;uncr II,,'\' 11"11 J COURT OF __ W_a_l_l_e_r __ COlJNTY [~THE District [506 District] FORTHESTATEOF Texas ----------~------ NOTICE OF PLACE OF IMPRISONMENT AND Waller County Sheriffs, ) Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to . . . . . . . . . ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) \'. , ) (Constitution, Art. VI, § 10 ) ) CASE NO. 11-01-13703 979-826-8282 Dominigue Dontae Laske~ ) 11-01-13704 979-826-8282 Defendan t. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, D:minic:p.E D::ntae lBsker IS currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 , on December California - - ' - - - Defendant has a projected release date - - - - - - - - from federal custody on _Au-'g"'-u_s_t _______ . 13 , 20 ~. (see attached sentencing computation/data sheet).

*125 2. The defendant has been advised that there are, or may be. outstanding citations, warrants, informations. charges, and/or complaints pending this jurisdiction. Specifically: In 1)_. __ Capital Murder Charges ... Warrant :IF 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial. and that prosecuting authorities armnge temporary custody under the appropriate provisions for Interstate Agrc:cment on Detaincrs. Th~ fklCndant funhcr requr.:sts in an absence of availahility of triJI. an ;/1 ah,I"lel1f;a resol ut ion he arrant!ed.

. \ .. 1. This fv1otion is based upon the Ddendant's Sixth Amcndl11l:nt speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop{cr v. North CarolinG, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights. even where a defendant is held in federal prison. see: Smith l' Hooel', 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex 1'. Michigan, 507 U.S. 43.113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia. including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.

Respectfully Submitted, DatedJ ·9-DI t: /07 103 ~iqU~ lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 *126 Adelanto, CA 9203 I

CERTIFCA TE OF SERVICE

J hereby certify that a copy of this document \~'as mailed to the office of the district attorney/ prosecutor for this jurisdiction. addressed as below.: D'S1f'C C t 4t1-o(V\{. L{ l> l\ to G \~, S. \ \ (. C I ':) L.1I \ t' 1\ £: h \ p,\,"\ c ~J. 1 x.) '7 7 t.j ~-5

Datc:' ~O, ~ I 07 /3 ~ ~~------ .. ~ - . Dominique Dontae Lasker

CERTIFICATE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USP/FCC, at Adelanto, California, on of this ~ day ___ '-.:....\...t..LA..=- =""-,-",\M.J"""""".;....' \""\lr-____ , 20 12 ,with sufficient postage affixed. It would be

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1) . 2). District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNTY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

*127 ~'~ ~ D;ique D ~Lasker =

Reg. No. 22867-298

United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VII' Law Library Formsl Certificate ofSc:rvlce (Rc\'. HilI) · ,

VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012 * PAGE 001 COMPUTATION DATA 15:38:24 * AS OF 04-04-2012

REGNO, .: 22867-298 NAME: LASKER, DOMINIQUE DONTAE

FBI NO . . . . . . . . . . ,: 201461KD5 DATE OF BIRTH: 03-21-1984 ARS1"" ..... , ... : VIP/A-DES UNIT . . . . . . . . . . . . . : 6 A QUARTERS .. , .. : F61-119L

DETAINERS . . . . . . . . : YES

NOTIFICATIONS: NO HOME DETENTION ELIGIBILITY DATE: 02-13-2019

-- THE FOLLOWING SENTENCE DATA IS FOR T~~'S CYRRENT CQM~TMENT.

THE INMATE IS PROJECTED FOR RELEASE:C08-13-2019 VIA GCT REL "

~ ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . ,.: CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMBER. , .. , . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50 -------------------------CURRENT OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A),(D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

*128 G0002 MORE PAGES TO FOLLOW . .. ,jill:: •• ~~. Dominique Dontae Lasker

I/I~""

.S;'J ·~·t:.:.r<t:t~~"{L:.iJ.\iLj't LI\~~ ·j}~ .. ~·l Fed. Reg. "2286T-298 .?:"! '-' United States Penitentiary Victorville

J.ol . .JUL .:dJ;ii.F~:! i

P.O. BOX. 3900

ADElANTO, CA. 92301

~. - - .. .. 1" 7 \! "\ I~ :\ ......... " \ ,1 , , ~ -) ......... Di s tric t Attorney !Prosecu tor s Of f ice 'Ii '\ U I . ,. ,J \ i .~ . i \.J For Waller County \ l_. ___ _ ) r:; 2Y 6 ~ ---.StrL~+ SUI'\~ I ':Legal Mail" ! '. -~ !.\~~.:.~:~ __ ~\ \f_I"<)r..~t-c.'tI ~ It. I J] 4../j,S :xl DISA 773 SE ~ N C 2207/1.6/12 \0

UNABLE TO FORWARD/FOR REVIEW

:!Y:±i+i+i+I+±:!Y: Be: 77445540246 DU ~2B04-12515-11-3~

7744S54C/24E

/1 n.-, Ii. II11II111 i III d II iii Ii II i II II Illillllllll ! II ! L il ," c rn c:: 7 7 " - . -r J -.:..-~ ...,. 'U' t.... I I

-'--'-'--' _.-._---._._----_._-------_.- .. _--------------_. *129 ELTON R. MATHIS CRIMINAL DISTRICT ATTORNEY WALLER COUNTY

FACSIMILE TRANSMITTAL SHEET

FROM: DATE:

/0-1- II FAX NUMBER: TOTAL NO. OF PAGES INCLUDl G COVER: blCf- 3'r?-~~

PHONE NUMBER:

RE" r-;"\ ~O ""- _',. ~YOUR ~EFE~N5CE Nl~B~ '7)

.. JJOSV\l~'~q ~g, ..l..) .. -'1" .... ' - "-.H }< c- "- l., o URGENT ~FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE

NOTES/COMMENTS,

EXHIBIT

*130 X4f, (,TII STRI':Wl'. STI':. 1 • 1I1':MI'STE:\I). TEXAS 7744~ I Sf ~ C I'll ON I':' ')7') X2(,-77 1 X • I' {\ X: ')7') 112(,-7722 _____ rl/ tJ ;) Transmission Report DatelTlme 10-07-2011 04:55:31 p.m. Transmit Header Text WALLER CNTY O.A. MATHIS OFFICE 9798267722 Local 10 ^[1] Local Name 1 WALLER CNTY. OA OFFICE Local 102 Local Name2

This document: Confirmed (reduced sample and details below) Document size: 8.5 I x11"

ELTON R. MATHIS

CRIMINAL DISTIlICT ATTOIlNEY

WALLER COUNTY

fACSIMILE TltANINITTA.L IHIlET L.1.S . P. D • Sf) t c..A IJ"n:.. /()-,- ,I " I :r' - ""Cj f '''0''''. "UNI .. k o URGm<T ~mR alivmw ^[0] rl./;Asr< ""~:\'CLl'; ^[0] !'1..EA'1l ':ON .. "NT ^[0] !'LIiAliE 11IirLY "f.nM/C.ON~'.JCT1· U(, '''" s·r"p.I~T. Sl'I!. I • tU.NPJl:T£ .. \D. TPJlA~ 77ot.S tl'J 1II!6.1':1 • • "!d(; It:-" 12' ,"I'l2 rIiONf. *131 Total Pages Confirmed: 4 Remote Station Start Time Duration Pages U.S. Probation 04:51:33 p,m, 10-07-2011 00:03:34 4/4

Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3

EC: Error Correct I£}3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report NO. _/_I_-.;;;.t,,;../_-_._' __ 1 _"-'-_' :.:1,;;,...-_ _

THE ST ATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

~} £ ti JUDICIAL DISTRICT

DOMINIQUE DONTAE LASKER

HIM DOD: 0312111984

~fr

Charge: CAPITAL MURDER Section: 19.03

~E~"

Degree: CAPITAL FELONY I j.d~

INDICTMENT

~ t II~i ~ IN THE NAME AND DY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected. empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11m day of MARCH, 2010, and before the presentment of this indictment. in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a ftrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas. did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a ftreann, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*132 Foreman of the Grand Jury /1 t: / . /3 Zt/~ NO.

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER Ji 164 JUDICIAL DISTRICT

= .... 1 ~"- f HIM DOB: 0312111984 Charge: MURDER Section: 19.02

!IIIII/ Degree: FIRST DEGREE FELONY ~ III ~, "

INDICTMENT

..... ~ ~ ~

The Grand Jury for the County of Waller and the State of Texas, duly selected,

i "- empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of 506 th Judicial District Court of said County, upon their oaths present in and to said Co at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a frreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury

THE STATE OF TEXAS

*133 IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER ",'Cb£JUDICIAL DISTRICT

~ _fi BIM DOB: 0312111984 Charge: MURDER tt'

Section: 19.02

Degree: FIRST DEGREE FELONY

I jl~~

INDICTMENT

~ ~I '\J

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

~ The Grand Jury for the County of Waller and the State of Texas, duly selected, r

empanelled, sworn, charged, and organized as such at the January teon, A.D. 2011 of th

506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *134 PAGE 01/133 RECORDS 08/31/2012 09:33 ----- •. - ... _ ... --_._-_._--_._-. __ ._--- 08/31/2012 DATE: -_.-. __ •.. _-----_ ... _-- ..•. _-_._----_._._-- ... _-----_. __ .. "._-- FRED EDWARDSI WALLER COUNTY S.O. TO: FAX: 979-826-7722 _ ... - •... __ ._---------., ..... - ---_.".",.- .• ---.-.-." ..... _-_._--_. __ •. _-----.",_ ... -------"" .. - PHONE: 979-826-7718 --_.-_ .... --------_.---- ..... _ .. _-_. __ .--_ .... _._._._.'--- ED PEREZ FROM: ._--- ... __ ._-------- FAX: 760-530-5750 ------ ,---~-.--.----------- PHONE: 760-530-5700 EXT: 5881 3

PAGES:

------------------_._-_. ,,--~.---- ... --.---.---.- RE: lAD FORM V cc:

---_ .. _------------ .... ,------.-------_ .. ---------_._--_.

COMMENTS:

Please complete the attached form. Once I receive the form V back, I will complete the request here and forward the remaining documents to you. If you have any questions please feel free to contact me at my direct line. 760-530-5881, if , do not answer please leave a message. ThIs messale Is intended for official us. and may tontain 'SENSITIVE aUT UNCLASSI,xaD csau) INFORftATION", If this messa,e contains SENSITIVE aUT UNCLASSIFIED INFORnATIO". It should b. p~operly delfvered, labtled, stored. ,"d disposed of .ccD~diftl to F.de~ll lur.~u ot Pr1~ons poltty.

OUHG1~NT

*135 o PLEAS'fr: COM_MJ'~NT 1./ I PLEAS]~ REVIEW o F'OH YOUR RP~C(lRDEl EXHIBIT

I <31-]) u.s. Postal ServiceTM • CERTIFIED MAIL,. RECEIPT ~omestlc Mall Only; No Insurance Coverage Provided) 02

CartJlledF . . .....=t POltmanl-< .. Cl Return R_Ipt Fee

H ...

Cl (EndcNu_ Requll8d) Cl

~~~~~~ RHtr1cted Oellvery F .. '0.00 Cl (EndO_men! ReqUiI8d) .....=t Total POIllaQ8& F... $ ~--------~

'6.11 05/0212013 Cl .....=t ~~---~---~~~~---~~~~-n~

EXHIBIT

*136 Sf- E

.NDER: COMPLETE TillS SEC nON I u>mplete Ilem. 1. 2. and 3. Aleo complete

item 411 Reetrlcted Delivery I. daeirlQ, I Print your name and addreaa on Ihe rev.,.. so that we can rwtum the card to you. I"';. B. RMIIWd I Attach thl. card to the back at the mallplac:e, . or on the front It space pennlt-. D. I, dIIIIIry add!-. dlfI'wwIt fn:m Item ^[11] VIe· I' Vea. .... _ dlllYery ~ beIowI:. 0 No 7012 1010 0001 9924 2234 corn.tIo R8Iim Rec:e/pV'. - - - ' .~, *137 ID9 IIIIU

UNITED STATES POSTAL SERVICI!.

~4454-$-,- .. --~-I-'II-ll-'I'-II'-I'-II'-h'-'~-'I-IIl-~l-lh-~-,.l~II'~'I~~'~lli~lt.~,U~'I~lb~111-~~:·-.~--~o·

!I£)

*138 · , Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, exas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney 'lValler County April 17,2013

Texas Administrator - lAD c/o Ms. Donna Bell P.O. Box 99 Huntsville. Texas 77320 RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 1h Judicial District Court

of Waller County. Texas Dear Ms. Bell: It was a pleasure speaking to you earlier today. I am enclosing lAD Fonn VI for the return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr. Lasker is currently serving time in a federal prison facility in California for bank robbery. Do not hesitate to contact me with any questions or concerns you may have or if you need further documentation.

Sincerely yours. 5;;:;?~

Elton R. Mathis

*139 Waller County District Attorney

Enc. ..... T .. - lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDfRM iIP-AO')fi4 ill'R 10

FEDERAL BUREAU OF PRISONS

U.S. DEPARTMENT OF JUSTICE Five copies. All copies, with original signatures by the Prosecutor and the Aqents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for Ilse in establishing their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving State ~~c.. .. l.' S ~ To: (Administrator and Address) -r If" 0 ~..J4. -r: ~(!.~r~ J ~..,.J.c,... 1>.0. Be, i- ,. Co ~,. \I d 1 ~ ~ A " is confined in (Institution and address) Inmate (Name and Register No.) " ~ c..-t-o, "\ \\e., 6""f \~'f. - uS ~ Fl!.C. J...~'5\.(r) VD"'~':"I"~e. Do~e. '5' J{ D 0 1;0 'f- P.o. ~()lS~,- zq~ 4~+() C ~nrl wi 11 b~ t.:1kclI i l l lu c.:USt0Uy dt .::;aid Inscitution on (date) for re turn to the Coun t y ^[0] f ____ W~r_;_A~~;;.;;k.=E~K.~----------------, S tate ^[0] f

Texlt S '- for trial. In accordance with Article V(b), of said Agreement, I have designated: gent's Name and Department Represented

~£rf= 1ly,U>J &ssd:

whose signatures appear below as Agents to return the prisoner.

(Agent's Signature) (Agent's Signature) *140 Dated prosecuti~cial's Signacure

--- zOI'3 ~~V1-- -. .i>.t4 .

I I/-

d. City/Statra - Ik lt4 ,s ~ -" r(.

a.

b. a. rel.phon~ No - c.

sv1dence or Aqent'. Aut~or1ty Continued To: (Warden-Superintendant-Director) }...,4 -r: cJpa,rA.~. ~...,~ I'- In accordance with the above repreeentat10tl8 and the provi~1ons of the Aqreemrant on Detainer~, thea persons listed above Mre hereby d •• iqnated as Agent. for thra

TEr)(R S Stat«l ot to return J..&$'tYF&Jl DCta1S~v& "Dor-/r;{rf (InlI!a te' s Name ~. <1. I}fq1.lter No.)

>e-/81,Ug d~B#~_ ~l' to the county of ,Stau of __ ~ , tor trial. At the ~~t1on o~th. trial (rnmate) I-ASJ4{1i!. Pof¥\:r~r:61t.J<?" pol-/71'jc shall ce returned to the (Institution and

~- Q2

Address) : ~ac. V, .. , -J.",,,;/ ~ (bf'4./, k ¥ - V S P p () . 13~x: ~?,l) 0

;4 ./-4/~ 10) C,q. . 9~ 3 () I Oatad Detainer Administrator's Signature c. City/State a. Name - d. Telephone No. b. Addre~8 - PD!' Preacr1bed by PSB7'

*141 2 0p:Bl EIB~/8~/pB / /.~ 41S tice

I

\.': .S. Departrn eat 0_ • J f Prisoos federal Bureau 0 -

-

Office of Inma.re SY$rem $ victorville, California 92394

Date: April 8, 2013 J Kaawaloa From' ff! Title:' Cor;ectional Systems 0 cer Phone: (160) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL DISTRICT ATTORNEY

Telephone: 979 w 826-7718 Fax: 979-826-7722 SUBJECT: -LASKER, DOMINIGUE 22867-289

COMMENTS: Attached is the Prosecutor's certification and the lAD form VI evidence of agent's authority. I will need the originals before *142 we could make arrangements for pick up. If you have any questions please give me a call.

PAGES (Including Cover Sheet) 4 - I""" EXHIBIT sa~3C1 t:>0/10 39';1d • . , . d r.ud will US::M CoacIl.Cioa a. Agree that said 1aJD4te will be provided •• ~eteepin9, cu,tody, an it C ! ~ .. _ sallie left! ~f reapon.1Dl1ity for th.t custody to includ8 provic1inq the in.au W ,. ... ~ ~.cur1ty ~.qu1red by Bureau of Pri.on. Pollcy. • " t d with ui.d iZUD&at, .. ^[0] b. Agre. to repart to the Bureau of PriGons ADy probl..s assQC~ e ~e.Mftte include di.cip11nary probl"' ^[6] medical ~genci •• , suicide attempt, e~cape or a- ~ . escape or any o~r proble. arising duriDq ~tment.

c. AQree not to relea.e .aid inm&~e on bail o~ bond or to caa.it thea to an in!t1tut1on to .arvica ot any aent.nce tmpo.ed in conn.c~iOD with our pro •• cution. d. Aqr •• to returD said inm.te ~o tha federal inatit~~ion from wbicb ~hey were obtained at the conolu.ion ot the 1nmate'8 appearanc. in the proceeding tor wDich oD~ned. e. Afgr.e to notify the local jail authority o~ tbe respons1bl1ity to return the inmate to eder.l cu.tod • • ecu !!!!U;~-;=.~.~"=.!Il~::'~C:t~:.:;!::=.~t::M=J.~D;::.:.:tr=1::O:t !:c!:.!ro: b DCJ Of cia tor the Stat. ot ! ' - . I ~------------~'- ere Y .UbmJt the following in! ' ^[7] • ~.mpor.ry cu.tody ot LA.... ~ Ormation in cQDnection with my reque~t fOE I

l'QUa DOftM, ..... al. .... J..t:u _ . , . 2281'7-2tl. , 1. Name ot laCil:1ty locaU l~oz.at1aa confined durin i •• 1 r~:;';~nDta·C .. t peraon, and phone number Where the inmate will be 2. Scheduled date f Or trial. 3 Proj • ected date of return of tne pdsoner to federal cuatocly; *143 c~erk Of th 45U!ng writ • COUrt. ' n~e o~ ^[4] the jUdtre ." , and nilDle , address, al1d another "al t 7. Signature and eJ."lla ti V'e i • .. not SWOrn b .... ..... orB (Date): : -- --------- Date ---- 8. Signature of Notary PUbllC Copy - Central File This !OZ'lb replacea BP-SS6S d td 1'£8 9<1) VB/lB 39'i;1d BSLSBESB9L sa~O::>3~ SZ;:Bl EIBl/80/vB /15

s

(AdminiS1:.rao:.cr and Ac:lc:lxes )

TO:

is confined in (Institution and address) Inmate (Name and ~eg18ta~ No.) ____ -------------- for ,St-a.te of at ,.id Ino<1<ot10. 00 (dotel In ~ccordanc; rot"'" to thO Coo.ty of and will bQ taken into custody - for trial. Agreement, I have d esiqnated: w1~h A~ticle V(b), of eaid Agent'.s Naill e and Department Represented

*144 Departnlene Repr esented Aqent'l5 Name and Depilrtmen'C R~pre8ented pril!loner. to return the whose siqnac.ur

~gn~cure) (AgQnt's S' el5 appear below as A gents (Agent's S' lqnatUre) Prosecut' ~ng Official's . ' Sl.qnacure Dated 9Z~01 E10z/a0/~g 11ft? SENDER: COMPLETE THIS SECTION • Complete Items 1. 2. and 3. Also complet&.

o Agent item 4 It Restricted DelIVery is dealtac1- • Print your name and address on the reverse so that we can retum the card to you.. B. Received by ( Printed Name)· C. Date of Delivery • Attach this card to the back of the mallplece. or on the front If space permltao; D. Is delivery addnIsa diffarw'lt from Item 1? Yes 1. ArtIcle Addr...t t=, If YES, enter dellvay addreea below:: 0 Na-- . SeMca~. I!I'6irtmect Malt,' 0 i:Xpreu Malli.~' o Regta1aIlIIi; ___ a Ratum Receipt for Merchandise o Insullld Malt a C.O.D.

2. ArtIcle N'umb .. ,,: i _ • _, ". - - I~- rrranslerfron,.Siimce~' ; j 700~315cr ODOrr303~ 71~1 PS Fonn 381-1. February 2004 - Domestic Retum Recelpt:- .,' ~-' .. -.-- ..... ---- .. --- *145 /1 '1

.'

U SAN aEltNAS '~D.1Nc,:> CA r'~ ~~ I Nrn:D STATES POSTAL ERVlCa: . t~" JAN 2013 PM ~. _ . . '~.~. • Sender: Please prtnt your narnet, addresS', and rH!!f4:1n:tbts"bmr-t ~

CRIMINAL DISTRICT ATTORNE

WALLER. COUNtY 64& 12TH STREET'

HEMPSTEAD,. TX 77445 c c' . u. -

, ;j : .. , ,. ,",, I II I' J i H,,..lI,, .11, lilt,.'" b'," I ",'.' I'"'' PI I 1/

*146 I/i u.s. POstal ServiceTM •

CERTIFIED

MAILM RECEIP (Domestic Mail Only; No Insurance Coverage Provided)

04it5 Postage , a a a a

CQnJfled F . . 05 Postmark Retum RecJept Fee He .. (EndorMment Requlred) a Restrtcted Dallvery Fee 1--....... ~~:.e'---1 ~ (Endorsement Required) f -__ ""SO'-",.;...OO"----i Total Postage & Fea8 $ 6 _ ?a: &? m 01/10/2013 ~ ~:?~~-,-~~~-~-~-r_~-------_, a ~ ~~~~~'~~-~~Il-l~~-----.-~,~-,---------------,-----,---------,---------,------1

*147 /Ir;' c --------------------------------------------------~ Transmission Report Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE LocallD 1 9798267722 Local Name ^[1] WALLER CNTY. DA OFFICE Local Name 2 LocallD 2

This document: Confirmed (reduced sample and details below) Document size: 8.S"xll" Elton R. Mathia <ml82S-n18 (979) 828-7722 Fax

CrimiMI Olltrict Altomey WlIWCountv 3nuary 2, 2013 Ward~n United Statel P."ltantlary VIctorville FCC, P.O. 80. ^[3900] Adelanto, Ca~fom;a ^[92301]

*148 In Re: Inmate DOMINIGUE DONTAf LASKE", 22867-2119 Request for Temporary Custody /lAD Form V) Dear Warden, Please lind our county's request for t.mporary custody so that Inmate Dominque Dantu usl!er may st.nd 1n.1 for Capilal Murder In W./ler County, Teul. I haw attached certified copies of the indictments and warrants In thil matter. The,. are no finaer"rlnrs or photosraphl beauS!! the Defendant ned our Jurisdiction before arrest. jij! was howeller interviewed by Te.as Hansen there in Ca/irnmia. It there is anythlns mora that Is needed to fIcllltate this lemporary transfer, please let me know.

7 rdS / /0

,

~=~~~ First Assistant District Anomey Waller County. Te ....

Total Pages Confirmed: 8 Remote Station Start Time Duration Job Type 04:04: 15 p.m. 01-09-2013 00:01:41 7605305750 HS Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct

,I

CQ'P-Y

645 12th Street Elton R. Mathis

(979) 826-771 8

Hempstead. i!xas 77445 (979) 826-7722 Fax Criminal District Attorney \tVcJller County January 2, 2013 Warden United States Penitentiary Victorville FCC, P,O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) *149 Dear Warden, Please find -our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know.

Frederick A. Edwards First Assistant District Attorney Waller County, Texas

I)J PAGE B2/83 RECORDS ~9/05/2B12 88:35 !AD rome V - REQUEST FOR TEMPO:RARY CUSTODY CCFRM IUUUl.LO FEB 94

8E'-S568.051

U.S, DEP~ or JUSTICE FEDERAL BUREAU or PRISONS Six copie.5. si9ned copi •• muet be ~cnt to the pd80ner and to the oft'icial who has the pr.i8oner 1n cu~tody. A copy should be s~nt to the Aqreement Administrator of both the sending and thm rec.i~in9 ~tate. Copies ,hould be.retained by the person tilinq the reque.t and the judqe who sign8 the reque~t. Prior to tr~n3f.r under this Aqreement, an Inmate may be afforded. judicial hearing (Cuylerl similar to that provided und~r the uniform ExtrAdition ~ct, in which the inmatQ ~y bring a limitmd ch~llenge to the rec~1ving etate's requ.,t. h : To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addr~~$

VI\J~t;c1 ..5+,", t...s 7e,v, i-t!.<J 1IA *JJ Vic.fo~v'd IE" r-CC./ ?-D. EO)(,3CiO~ A-Dei~j,})oSt Please be ~dvised that (Name of Inmate) ')50"",,.1\J J 11..4 Ii ])oN1 HE L~ k~12...121(,f"-1.t:;.I, who . ~i~~~Y an inmate ot your insti tut.ion, is under (indicate appropriate1 ~

f'iRcsRlaeien) in the (Jurisdiction) _nd~~~:"..: (~lUpllfint) ':3 1I~ ,,1 CJ. \..oJ ~ llev- CO(..4lvt y I"t?CI45 of which I am the (Title of prosecuting ODiS'tVHc:.. f H' R OY2.J\J~ Officer) Said inmate i.5 !!} enumerated below: 0 1- 1 3 t.herein charged with 'the offens I \ - .~ ( Of'f'.n.e (.) (j) C ~ yd· ~ \ Ml.4v.oe v- 1\ - 0 I - 13 =70.30/"~ fl ,.""" ( J\A.kV IV~ L I -0 I - 13 "7-0'!- j§) t;:~J: 0/... I propo"e to bring thi8 perllon to trial on th ^[8] (indicate appropriate) I nd ctment *150 (-eozap1:.tllt) \(ithin the time specified in Article IV(c) of the Agreement. In order that proce.dinq5 in this matter may be properly had, I hereby reque.t temporary cUlltody ot' such persona pursuant to Article IV(.) of thB Agreement on Dat~1nere. Attached he~ewith find in triplicatel 4. Certified copie8 of the complaint, information or indJ.ctment b. Certified copies of t~e warrant c. <:;ertiiied COpHlS of !.i.nqerprint.2, photograph.!! or physical description I hereby agre. that immediately after trial is completed in thi" jurisdiction, I will return the prisoner directly to you 0= allow any juriediction you h.ve d~siqnated to take tEmPorary custody. I agree also to co lete Form IX, The Notice of Dis OSition of a Deta1nar, immediatel atter trial. Ti.tl,e I J/istt?,·c.J . Date

Printed Name and Signatur E \ -tON R. r--'\ ~t~\S PH 0" Nov.ll.:. J 20 \2.

LRII\.4,NA.

'1=74tfS;- Address: City/State: Telephone No.: lP'-f S' It'J..tkS+(-td q-=iq - 9 2 & - ~1/8 \~-e~p5-bEocq~ IJ~~I1..S I h.reby certify that the p.r.o~ whose signature appears above is an appropriate of.ticer within the meaninq of AtticlQ IVCaj and that the !aC~8 recited in this reque8t for tempora cu.tody are correct and that h~vinq duly racorded "aid r.que~t, r her.by tran8~t it !or act~on in cordance with it. term and th. rovisions of th~ A r.ftment on Oet.iner~. I Judge's Printed Name and

Date p\ I b.lv\ M. f\A.c C~\ lVoV ~~J 20{ 2... Telephone NO. WlA. l \~ CO~-{ C1-=t (,'" (This form may bft replicat.d via WP) // - .!-// - _1 "'I I , ' " --f , ... N O . _ - - - - - - ' ..... J_'1 THE STATE OF TEXAS IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS. ~C,tz u:JUDICIAL DISTRICT DOMINIQUE DONT AE LASKER BIM DOB: 03121/1984

~ ~fr Charge: CAPITAL MURDER Section: 19.03 t~

Degree: CAPITAL FELONY

~ jld; '( Ill i ~

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; *151 ~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the Ii: 506 1b Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the llTIf day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 1b Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant. on or about the 11 TIf day of MARCH. 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm. and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury /J-3 Cause No. 11-0]-13703 TilE STATE OF TEXAS IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

. Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock ----- --- - - -

- - -

__ .m., and executed by arresting ______ _ _ _ _ _____ _ _ _ At ,in ______ County, Texas, and placing him/her in the Waller County Jail on the day of ____ __ __ _ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip. -------------- , Sheriff FEES: Making Arrest County, Texas

Mileage miles Taking Bond By: _________________ __ Commitment

Deputy

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOl\1INIQUE DONT AE LASKER \.. ~L',CJUDICIAL DISTRICT BIM DOB: 0312111984

~ ~fl Charge: MURDER Section: 19.02

t~ Degree: FIRST DEGREE FELONY I ~I~; Iii \ INDICTMENT *153 IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; [\ ~ The Grand Jury for the County of Waller and the State of Texas, duly selected, (' ~

empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th

506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term 'that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury Cause No. 11-01-13704 TilE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in *154 Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

/ Vi Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the --- day of ----- - - - - - - ,at o'clock __ .m., and executed by arresting ___ ____________ _ _ _ At , in ________ County, Texas, and placing him/ber in the Waller County Jail on the day of ____ __ __ _ _

I actually and necessarily traveled miles in the service of this writ, in addition to any otber mileage I may have traveled in the service of other process in this case during tbe same trip. FEES: Making Arrest ------------------ , Sheriff

________ County, Texas Mileage miles Taking Bond By: ______________ __ Commitment

Deputy THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

~_:i21G:..,a. JUDI CIAL DISTRICT

DOMINIQUE DONT

AE LASKER BIM DOB: 0312111984 Charge: MURDER

~ I~i Section: 19.02 Degree: FIRST DEGREE FELONY !~,

INDICTMENT *155 IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; ~ ,~ The Grand Jury for the County of Waller and the State of Texas, duly selected, ~ \. ( empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of 506 1b Judicial District Court of said County, upon their oaths present in and to said Co

J:

at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury Cause No. 11-01-13705

THE STATE OF TEXAS

IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable *156 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

HEREIN FAlL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE W ALLER CO UNTY, TEXAS BY:. ~i"/.L4z/

/ F ~/ Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock --- ----- - - - - - - __ .m., and executed by arresting ____ __________ ___ _ At , in ______ County, Texas, and placing him/her in the Waller County Jail OD the day of ____ __ __ _ _

I actualJy and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip. FEES: Making Arrest ----------------- , Sheriff

__________ County, Texas Mileage miles Taking Bond By: ____________________ _ Commitment

Deputy .' .

U.S. Department of Justice

" " . ( " , I, Federal Bureau of Prisons Federal Correctional Complex v ^[1] ::- tor t' i J ^[1] p. , l~d ^[1] i r ^[0] r 17 I cI January 31, :.'OLl

Qffice of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506'" Judicial District 645 12tll Street Hempstead, Texas 77445 *157 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA) , applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV(a), which expires on DATE) Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the lAD Form V (RP-56fJ) and lAD FormVl (BP-565). The persons des Lqna tE-~d as agenLs Lo return thE.' pr i soner to your State must also be the persons whose signatures appear on the Form Vl. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

EXHIBIT

I :S1 - It

/)..9

I J .' " rage Twc! r~F:: Lasker, Dominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. *158 Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((lU~ /s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator ( U.S. Department of Justice Federa. Bureau of Prisons Office of Inmue Systems viaorvlll_, C.,lfornl. 92394

Date: April 9, 2013 *159 From: J. Kaawaloa Title: Correctional Systems Officer Phone: (760) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL DISTRICT ATTORNEY

Telephone: 979M826~7718 Fax: 979~826-7722 SUBJECT: LASKER. DOMINIGUE 22867-289

COMMENTS: I have received your letter that was addressed to the Warden dated 03-20-2013. 1 will go over it and give Jose Hester. If I need anything I will give you a calL

Thank you, J. Kaawaloa

PAGES (Including Cover Sheet) 1 • EXHIBIT' .0,;"- lost - I

/3 {

09L90E909L

10/t13 391;1d Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, lexas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney Waller County May 1, 2013

*160 Ms. linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 RE: Dominique lasker, 22867-298 Dear Warden McGrew:

Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the last form needed to effectuate the transfer of Dominique lasker into Texas custody. Please do not hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at the Waller County Sheriff's Office (979-826-8282) know when Mr. lasker is ready for transport. Thank you for your help in these matters.

Sincerely yours, ~---- Elton R. Mathis Waller County District Attorney

Ene. Cc: R. Glenn Smith

Waller County Sheriff

EXHIBIT

I 51 :T - ·1 .~ , !AD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM BP-A0564 APR 10 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establishung their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

*161 Evidence of Aqent's Authority to Act for Receivinq State (Administrator and Address) ~ec. - l.? S t=' To: )..'';4.. -r. rJt.(!.~r~ I v{4rJ...,.,.

1'_0. Be>, _ -.(J../()O "~c.~r"d\~ C!..A

Inmate (Name and Register No.) is confined in (Institution and address) ,,\<--t.O,.v~\\-e.. ~'"'-t\~)G - uS ~

FCC.

J....6."S\.( r) VD 4'J'.""i.t;'e..

'Do,d:c,..e..

P.o. 'Bo~ -s'JfO 0 Ol~ 2> b-r - 2'1 ~ I AI'\. .fo A '80 <:!... ",nri will be token .LuLu -':USLOCly at said Institution on (date) for return to the County of ______ ~~~~~~k~~~E~~~ ______________________________ ,State of

(exit S for trial. In accordance ~ with Article V(b), of said Agreement, I have designated: Name and Department Represented gent's Department Represented lcfltv c1,. ~kr.~fP; <2~ ~ !5y-uW !?Nssd whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature) Dated prOS~~ignature~

f '. ' d. City/State - Ik'1s ~ ~ rf. '7-r~'"

a.

q,,, Slot., - ""(1 } ~ b. e. Telephone No - c.

.vid.nce Q~ ~gent'. Authority Continued *162 To: (Warden-Superintendent-Direotor) f'Jp CO rc.,w , 'd:. &J' ~ r-- b.\ ek. --r: In accordanCe with ~he above represencatiooa and the prOV~S1ons of the Ag&eement on Detainers, the persons lisced above a.re hereby designated as Agents for the

:r:E')C.A- 5' State of to return 4 AciWJ:ifR. i DDtVfft·q:fivtt 'Do,f.,-et{ (tn~atel s Name ~a Ii. ~qiseer No.) , State of ~e~_ ~ l:) h(8'~g, eo the county of __ _ '8 ' for e"ial.

At the c~let:i.on o::the trial (Inmate) I-ltsJ4{~c j:>o(tl\::&"I-/%:61ucF ;;>0;..171'9 ~ .2bl~~- c:Jl9rz.. shall be returned to the (Institution and Address) : t!oft4.tk)(' - v S p

~a.C

V."c,,-!rvtl;/!e- P. D . 6b)(

:5"1'1) 0 ;4,/~ /.,..,b) Ct1" 90< '6 0 / in i tnT} Dated a. Name -"'""'\ t> L 1" b. Address ~' .. n..",l C\C'l

c. City/State

c;i. Telephone No.

l D LJU POf" Prescr1bed by PSS75 2

139L99E999L

SOClO:J3C:! 1:'9/1;>9 39ttd *163 I i

I

13ft; \ \-D 1 .. 192103

Cause No.

)1--2' - I ~ 7 all

STATE OF TEXAS

*164 IN THE DISTRICT COURT JI-i)I-/~'70S § WALLER COUNTY, TEXAS v. "D21n i r\1 o/L k l),iY)Z/t'./ Laskec § 506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

.-11):00 a.m. 2. MOTIONS & PLEAS /,'80

All parties and Counsel shall be present and prepared to discuss all issues allowed

under C.C.P., Art. 28.01.

,-2-- U - [1 V .1''1 p.m: HEARINGS & BENCH TRIALS 3. £.,/5 (fvm 1-10-11- ~"~

:DO

On or before to-days before Pretrial Bearing Date all C.C.P., Art. 28.01 matters must be file~ ;:ilIbe considered w~ed. 4. 5. 10:00 a.m. PRETRIAL HEARING

q;oo

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant

will announce whether the case will plead or if a triill is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY. Dated: __ ----I....I_,..-'~'"'--~_l-l±'-· ____ , replacing prior Scheduling Orders. Defendant's Signature Counsel for State

ALBERT M. McCAIG, JR., Judge Presiding 137 Yellow--State Pink --Defendant Gold--Defendant's Attorney Copies: White--Clerk c; , --~

CAUSE NO. 11-01-13703 CJ r l

THE STATE OF TEXAS *165 § IN THE DISTRICT -0 § - i -< ~- ::~., WALLER COUNTY, T E U. S -- __ ~ VS. § § 506TH JUDICIAL DISTRff::T ~-:: DOMINIQUE DONTAE LASKER § DEFENDANT'S FIRST MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: Now comes Defendant, DOMINQUE DONTAE LASKER, by and through his attorney, Frank Blazek, and submits this his First Motion for Continuance, and would show the Court the following: This cause is set for Motions and Pleas on January 22,2014.

1. 2. Defense Counsel is scheduled for trial beginning January 21, 2014, in Cause No.

25,790 - The State of Texas v. Plato August Splawn, Jr., in the 272nd Judicial District Court of Walker County, Texas. It is anticipated that the trial will continue through the end of the week and possibly into the next week.

WHEREFORE, PREMISES CONSID;E,RED, Defendant prays that this Honorable Court grant a continuance to Friday, February 7, 2014, at 1 :30 p.m. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By t2M

FrankB'Zek.

State Bar No. 02475500

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1 C:\FB\CRlM_K-O\Laskor.DD.8 1 075\1 1-01-13703 CM\Continue.OOI.wpd

William F. Carter State Bar No. 03932800 *166 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2 C:\FB\CRIM_K.O\Lasker.DD.81 075\11·01·13703 CM\Continue.OOI.wpd

13P

( (

VERIFICATION

*167 THE STATE OF TEXAS § § COUNTY OF WALKER § BEFORE ME, the undersigned Notary Public, on this day personally appeared FRANK BLAZEK, who, being by me duly sworn on oath deposed and said that he is the Attorney for Defendant in the above entitled and numbered cause; that he has read the Motion for Continuance; and that the facts 'stated therein are true.

SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of January, 2014, to certify which witness my hand and official seal. CDttLul.?7Y'= (5o::ttu..~

Notary Public, State of Texas

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3 C:\FB\CRIM_K-O\Lasker.DD.8 1 075\1 1-01-13703 CM\Continue.001.wpd

I , (

CERTIFICATE OF SERVICE

*168 I do hereby certify that a true and correct copy of the above and foregoing DejpPAdant's First Motion for Continuance has been forwarded to opposing counsel on this the _(_1_lV_r~ ayof January, 2014, by facsimile to 1-979-826-7722, addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4 C:\FB\CRlMJ(-O\La,ker,DD,81 075\11-0 1-13703 CM\Continue,OOl.wpd

/11 '7 o o " /

CAUSE NO. 11-01·13703

*169 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. WALLER COUNTY, T E X A S § . § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on thec::l--fs!day of January, 2014, came on to be considered the above and foregoing Motion for Continuance. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

K . GRANTjD, and the present cause is hereby continued until F&b n.u[.r ~ 7 2014, at \,30 ~.m. () DENIED, to which ruling the Defendant excepts. SIGNED: <.Jt~'U'C---7 t?--fl )It/lq ~~

C:\FB\CRlM_K·O\LaskerDD.Bl 075\11-01-13703 CM\Continue.001,wpd

.... , ..... CAUSE NO. 11-01-13703 S *170 ..r:- ' ~CJ --r, ", :.....

THE STATE OF TEXAS § IN THE DISTRIC12:, OU~OE:.;~ --; ;-;:; ..,., " , § -0

E5(A~=~'

VS. § WALLER -:l ~~-j::",:O § ~ ~~ DOMINIQUE DONTAE LASKER § 506TH

S'B.UCT;~

:-'~; CJ1 ~

MOTION TO SUPPRESS CONFESSION TO THE HONORABLE JUDGE OF SAID COURT: Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress Confession, and for cause would show the following:

1. Defendant would show that the State intends to offer an alleged confession of the Defendant; that said confession was taken without his attorney being present, in violation of the Defendant's right to have his attorney present to consult with under Article I, Section 10 of the Constitution of the State of Texas and the 6th Amendment of the United States Constitution; that said confession was taken involuntarily from the Defendant in response to threats, in violation of his right to remain silent as protected by Article I, Section 10 of the Constitution of the State of Texas and the 5th Amendment of the United States Constitution; that said confession was taken in violation of his right to due process as protected by the 5th and 6th Amendments of the United States Constitution and the 14th Amendment thereto; and that said confession was taken in violation of his right: to due course of law as established by Article I, Section 19 of the Texas Constitution. Admission of said confession would be in violation of Article 38.22 and Article 38.23,.Code of Criminal Procedure.

2. Defendant's purported confession is not audible on the tape. The jury would be required to speculate as to the statement actually made by the Defendant. The tape does contain many statements made by law enforcement that characterize the evidence developed in the investigation and relate their account of what statement they purport the Defendant has

MOTION TO SUPPRESS CONFESSION

PAGE 1 C:\FB\CRlM_K.O\Lasker.DD.81 075\11·01.13703 CM\Suppress.OO I.wpd

1'13

made. Such statements by law enforcement on the recording constitute a speaking offense

*171 report and are inadmissible hearsay. To the extent that they are a statement of what they contend the Defendant told them, they constitute a violation of Code of Criminal Procedure Art. 38.22, which requires that Defendant's statement be recorded, not the officers' verbal account thereof.

3. Defendant is entitled to a hearing on this matter wherein the State should be required to prove beyond a reasonable doubt that any confession which the State intends to offer was lawfully obtained and that the Defendant's rights under the Constitutions and the laws of the State of Texas and the United States were fully protected. Defendant is entitled to such hearing outside the presence of the jury and prior to the trial on this matter.

WHEREFORE, PREMISES CONSIDERED, the Defendant would urge this Court to set this hearing prior to trial and that, at the conclusion of that hearing, any confession or statement by the Defendant, whether written, oral, or otherwise, and the recorded statements by peace officers during the interview wherein the officers recount evidence against the Defendant and state their version of what the Defendant has told them proffered by the State be suppressed and the State be ordered not to refer to, or introduce, any such confessions or statements by the Defendant in the presence of the jury.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

,/;ljl/ By ____ ~ ____________ _ Frank Blazek State Bar No. 02475500

MOTION TO SUPPRESS CONFESSION

PAGE 2 C:\FB\CRIM_K-O\Lasker.DD.81075\II-OI-13703 CM\Suppress.001.wpd

1'1'1

William F. Carter

*172 State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregOing Motion to Suppress Confession has been forwarded to opposing counsel on this the 7th day of February, 2014, by facsimile to 1-979-826-7722 and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

MOTION TO SUPPRESS CONFESSION

PAGE 3 C:\FB\CRIM_K·O\LaskeT.DD.81 075\11-01-13703 CM\SuppTess.001.wpd

CAUSE NO. 11-01-13703

*173 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the _ _ day of ______ , 2014, came on to be considered the above and foregOing Motion to Suppress Confession. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED.

() DENIED, to which ruling the Defendant excepts.

SIGNED:

JUDGE PRESIDING

C:\FB\CRlM JC-O\Lasker.DD.81 075\1 1-01-13703 CM\Suppress.OO I.wpd

CAUSE NO. 11-01-13703

*174 THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the ~ day of R&r~ ,2011':' came on to be considered the above and foregoing Motion to Dismiss. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED, and the indictment is hereby dismissed with prejudice. ~ DENIED, to which ruling the Defendant excepts. /J1w- c.t II SIGNED: ,201¥ MOTION TO DISMISS PAGE 4 C:\FB\CR1M_K.O\Lasker.DD.81075\II.OI-13703 CM\Motion to Dismiss.OOhvpd 506 th Judicial District Court

Albert M. McCaig, Jr., Judge

*175 Court Coordinator www.Court506.com Susie Schubert

Court Reporter Robyn S. Wiley Grimes County

April 4, 2014 Waller County 836 Austin Street, Suite 307 Hempstead, Texas 77445 Fax: 979.826.9149 Ofe: 979.921.0921

Notice of Preferential Trial Setting Waller County Frank Blazek Attorney at Law 1414 11th Street Huntsville, Texas 77340 William Carter Attorney at Law 108 E. Wm. J. Bryan Bryan, Texas 77803 Honorable Elton Mathis Criminal District Attorney Waller County, Texas 645 12th Street Hempstead, Texas 77445

Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705 State of Texas vs Dominique Dontae Lasker 506th Judicial District Court of Waller County, Texas Motions: October 6, 2014 at 9:00 a.m. Jury Trial Setting: March 30, 2015 at 9:00 a.m.

The referenced matter has been preferentially set as stated above. Please see the Rules of the Second Administrative Judicial Region of Texas for further explanation of preferentially set matters. Please contact the Court Coordinator for a continuance or request for resetting the matter. Unless prior approval for a continuance or reset of a preferentially set matter is obtained from the Court the matter will be called as stated.

~{~~

SUSIE SCHUBERT

Court Coordinator

c: District Clerk *176 1 \-0 \- 1'~1D")

Cause No.

I 3'70 tj \1 -~ I -

STATE OF TEXAS

IN THE DISTRICT COURT ll--VI 1~'lOS v. § WALLER COUNTY, TEXAS \22xJ; r\ 'I'lfG ~ 14-;; kef-

§

506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1:30 p.m. ARRAIGNMENT 1. 2. 9:00 a.m. MOTIONS & PLEAS

All parties and Counsel shall be present and prepared to discuss all issues allowed under C.C.P., Art. 28.01.

3. HEARINGS & BENCH TRIALS 4. On or before lO-days before Pretrial Hearing Date all C.c.P., Art. 28.01 mallers must be filed or will be considered waived. 5. 9:00 a.m. PRETRIAL HEARING

Pretrial hearing datc is also the Plea Bargain Cutoff dale. Stale and Defendant will announce whether the case will plead or if a trial is rcquired, and whether trial is to the Court or ^[10] ajury.

Final trial date & time will be set immediately after thc Pretrial hearing. Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY. Dated: __ 4_' _--_J-f __ --.... ''-..i.-.+-__ __ , replacing prior Scheduling Orders.

fudtJ- nltLzeL Counsel for Defendant Counsel for State Defendant's Signature £t- f)ill~C#+a ALBERT M. McCAIG, JR., Judge PresidiJg Pink--Defendant Gold--Defendant's Attorney Copies: White-Clerk Yellow--State , 11 :22: "< a.m. , ^[13] 9n-B26-772J Waller County DA 04-08-2014 ( *177 CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH pJDICU\L DISTRICT AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS TO THE HONORABLE JUDGE OF SAID COURT: Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, with the consent and approval of the state of Texas. and submits this his Agreed Motion for Transcription of Pretrial Hearings and for cause would show the Court the following:

1. Defenda.nt intends to apply for a writ of mandamus with the appellate courts of Texas seeldng dismissal of this cause in accordance with the Interstate Agreement on Detainers. The Court's denial of that motion is based on the events and stipulations iliat occurred at various pretrial hearings. Any application for such a writ will require that those hearings be transcribed.

2. Undersigned counsel certifies that he has consulted with Assistant District Attorney Fred Edwards and the State agrees that these hearing be transcribed. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and defense counsel. AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEAlUNGS

PAGE 1

C:\ .... d5I1=1J'B\CIlIM_t;:·O.u.l.a.DD.BI075\J J ·0\·11703 CMIMutl,nr ... TnrucnpJ./o, •• rr..1rial Harinp."!'d IStJ a.m. 979-826-77n 11:2] 04-08-2014 Waller County DA 2/3 ( *178 Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street

879)'1 Hun~'VilIe, Texas 77340 (936) 295-2624 (936) 2 1 By __ ~ ____________ _

Frank Blazek State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803·5334 (979) 779·0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregOing M.~!i01l for Transcription of Pretrial Hearings has been forwarded to opposing counsel on this the "t v""-day of March, 2014, by f~?im.He-to;l::-~~j and addressed as follows: .

... £,y)\I.1...u?. t.(, ;::Jtt! tL uLu>..u ~~/ {.(. .,'. J.~J.JiU,tl1.l @) L06J .. t u_':>0':'1..-+,-"L.1 • Us Elton R, Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek . AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS PAGEl C,IN,tS .. ",IFB\CRlM.K·O\!..&,;',.UO.& 1075\11.01·ll701 CM\I>IoU.., forTJ&n,<rlrWm "l'n:1rtJI H,u\nl""Jnl

(51 11 :22:48 a.m. 979-'826-7722 Waller County DA 04-08-2014 3/3 *179 CAUSE NO. 1l-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LAS'ICER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the Q7rL.. day Of--i/:;i;~W'.:...-· ..;..{ ___ • 2014, came on to be considered the above and foregoing Agreed Motion for Transcription of Pretrial Hearings. Aft:~~,jnSideration of the same, it is the opinion of the Court that Defendant's Motion be: Lfr.N GRANTED, and the Court Reporter is hereby ORDERED to transcribe the pretrial hearings held herein and provide copies to the State and defense counsel.

() DENIED, to which ruling the Defendant excepts. SIGNED, 0 f c;

.2014.

JUDGE PRESIDING

;1 r:;.f. EJJ tJc:vtP) Elton Mathis A~ f Criminal District Attorney Waller County. Texas By: ____________________ _ C:\NttSh~\FB\CRlM_K,O\l.a'ket.DD.BI075\( J .oJ·13703 CM\Molion (or Tromcriptlon of P",ul.l He:ul/lBl.Wpd

/5~

CAUSE NO. 11-01-13703

*180 ;-~" ' , , " - , DISTRIc~'2iUR~T~P ~~.:: . THE STATE OF TEXAS § IN THE . \' § '- /--' WALLER COUNTY, T~~ '4,S l'': VS. § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion to Dismiss for Violation of the Interstate Agreement on Detainers and for' cause would show the Court the following:

1. On February 11, 2014, a hearing was held in this Court concerning Defendant's First Amended Motion to Dismiss. In that motion Defendant argued that the State had violated the 180-day rule of the Interstate Agreement on Detainers (IADA). That rule requires the State commence the trial of the charge within 180 days of receiving a request for speedy disposition of a detainer. Tex. Code of Criminal Procedure Art. 51.14, Art. III (a). At the February hearing, the State argued that the two requests for speedy disposition made by Defendant were deficient and that the lBO-day rule did not apply, but that the 120-day rule of Art. IV (c) of the IADA applied. This motion is intended to make clear that, assuming arguendo that the 120-day rule applied, Defendant is still entitled to a dismissal under the IADA.

2. At the February hearing the following facts were established by stipulation, by clear documentation in the Court's file or the transcription of notes from the pretrial hearings: a. Defendant was indicted in this cause on January 27, 201l.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 1 C,lNetShareIFBICRlM_K-OlLasker,DD.B107s\II-OI-13703 CMlMotion to Dismiss for Violation oflADA.wpd

153

(

( *181 b. Defendant was sentenced to federal prison on December 16, 2011, on an unrelated charge. c. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a Jirst request for speedy disposition which was received by the Court on July 16,2012, and the District Attorney on July 19, 2012.

d. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a second request for speedy disposition which was received by the Court and the District Attorney on February 8, 2013. The second request was mailed by certified mail.

e. The State of Texas acquired Defendant's presence in Waller County on May 24, 2013. f. On June 4,2013, Defendant appeared in Court and was appointed counsel after his indigency was determined. The Defendant informed the Court that he had motions on file and wanted them to be heard. The Court informed him they were not scheduled to be heard at that time and that he needed to consult with his attorney before proceeding~

g. The next court date was September 9,2014. At that hearing Defendant invoked his rights to a speedy trial under the IADA. On that day the Court granted the State's motion for continuance based on the delay in getting the Defendant from the federal authorities, the seriousness of the charge, the availability of providing adequate and competent counsel and the complexity of the case.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 2 C:\NetShareIFBICRlM-,C.OlLasker.DD.810751I 1·01-13703 CMlMotion to Dismiss for Violation oflADA.wpd

ISf

(

*182 3. If either of Defendant's requests for speedy disposition is deemed sufficient, then the 180-day rule applies and Defendant is entitled to a dismissal because the 180 days lapsed before the continuance was granted.

4. Assuming arguendo that both requests are deficient, then the 120-day rule applies. Defendant is still entitled to a dismissal because the continuance was not granted for good cause. A trial did not commence within 120 days of his arrival.

5. Defendant believes it was necessary to file this motion because, although the 120- day rule was invoked on Septem1;>er 9, 2013, Counsel for Defendant only invoked the 180-day rule at the February II, 2014 hearing. Counsel did not want to waive any right to a dismissal for violation of the 120-day rule should it be determined that 180-day rule was not applicable.

6. Defendant believes that it is appropriate for the Court to rule on this motion by submission. The relevant facts are clearly developed in the record and the prior court hearings have been transcribed for review.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 lith Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

~N

By __ ~~ ______________ __ Frank Blazek State Bar No. 02475500

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 3 C:\N'etShare\FB\CRIM_K-O\Lasker.DD.81075\11.OI_13703 CM\Motion to Dismiss for Violation of IADA:wpd

*183 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion to Dismiss for Violation of ;the Interstate Agreement on Detainers has been forwarded to opposing counsel on this the .LL- tl\iay of July, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 4 C;\NetShare\FB\CRlM _ K-O\Lasker.DD.81 075\11-01-13703 CM\Motion to Dismiss for Violation of IADA.wpd

CAUSE NO. 11-01-13703

*184 THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the l!fts.day of X. Cy

,2014, came on to

be considered the above and foregoing Motion to Dismiss for Violation of the Interstate Agreement on Detainers. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

t:J{ )

GRANTED, and the indictment is hereby dismissed with prejudice.

t7q) DENIED, to which ruling the Defendant excepts. SIGNED: C:INetShare\FB\CRIM_K.O\LaskeLDD.S I 075\11·01·13703 C~N"lotion to Dismiss for Violation of IADA'\\l'd 157

Attorney Fee Voucher

*185 4. Proceedings 2. County 3. Cause Number Offense .M.!risdiCtiOn ~ 11--01- jj'103 CtLfil~a~ ~vd..Ly DTrial-Jury DTrial-Court District DCounty DCounty Court at Law {5v I VHe.S DPlea-Open DPlea- Bargain ll- 0 [- i~10L1 (Y\Lvr dJ>r

5a?;--i-d-

Court # DOther 11- tH- 13'10 ~ fY\,uA--oLc/( 5. In the case of: r210Y'v11 1\~O (I e / ~6Y\..+Cte/ (as/:!/

State of Texas v

'- 6. Case Level J&l Felony I D Felony II D Felony III D FelonySJ D Misdemeanor D Juvenile D Appeal DO Capital Case D Revocation - Felony D Revocation - Misdemeanor DNo Charges Filed D Other 7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone

Applicable) heV\t.AG ~l<t~ ~qs- ~# Smither. Martin. Henderson & Blazek, P.e. 141411th Street 8. State Bar Number 8a. Tax ID Number 11. Fax Huntsville. Texas 77340 O:;).(.,{ ., s s.ro 0l.Ci <f -Ci7 ~'f' 7b-63,11 iJ '-2G 12. Flat Fee - Court Appointed Services / 12a. Total Flat Fee $ 13. In Court Seryites Hours Dates 13a. Total In Court fa n ~t (DTIL·(fu A. I Compensation. J~ 00. (]V

I Total hours t:rol)our= Ul , $ l~ 14. Hours Dates 14a. Total Out of Court Out of Court Services 'OJ.. L t1:tttLLV\Jt Compensation. I Tql hours ~tbf~our= $/~ ~c10 erD l. I 15. Investigator Amount 15a. Total Investigator Expenses $ 16. Expert Witness Amount 16a. Total Expert Witness Expenses $ 17. Amount 17a. Total Other Litigation Other Litigation Expenses 5sU (TIll (1 I 1/\ J it ./

iX~~~, ~< 18. Time Period of service Rendered: From ~ ( (0 l (3 to llldli: Date Date 19. Additional Comments 20. Total Compensation If5d Expenses Claimed 21. Atrom,y Cortifi"tion - I, th, un<lmign'" "'~~Pj th,t th, ""'''' info"",,ion i, tru, ond "'''''' ""d in ",,,,,,don,, with th, l,w, of th, a.1L(1 i. S~ Stat< ofT",,_ Th, ,o"""n"tion ond "P"''''' 01.. '" 'T7\""" to l"o,id, ,,,,,Ii,,, ",i,tan" of oou""\ ' f 1/ - I « .... I L{ DFinal Payment ~artial Payment f Signature v Date - ff;7~7:s5

22SIG~mM~

/ ReasCl'li(s) for Denial or Variation /55' Adopted 10/23/02 - Task Force on Indigent Defense CAPITAL GRAPHICS INC. 1-800-769·2030 ru.. __ ~ __ ~'.I~I~V_f~I~~~ ____ _ , 0 ~S9 O'Clock B M

AT

( :RICIA JAMES SPADACHBNB

WALLBR COUNTY, TEXAS

*186 8Y ______ ~~====~------ No. 11-01-13703, No. 11-01-13704 and No. 11-01-13705 - The State of Texas v. Dominique Dontae Lasker; In the 506th Judicial District Court of Waller County, Texas

Date DeSCription Time In-Court: 9-9-13 Court appearance (motions) 4.00 hrs. 11-4-13 Court appearance (motions) 4.00 hrs. 2-11-14 Court appearance (motions) 4.00 hrs.

Total In- Court 12.00 hrs. Out-of Court: .25 hr.

6-6-13 Telephone conference with Judge McCaig 6-9-13 Review internet accounts; visit client in jail 5.00 hrs. .25 hr.

6-10-13 Telephone conference with potential co-counsel 6-11-13 Telephone call to DA (left message); search internet for

information regarding client 1.00 hrs . 6-13-13 Telephone conference with DA . 50 hr. 7-11-13 Telephone conference with potential co-counsel .50 hr. 7-12-13 Motion for Appointment of Attorney as Co-Counsel in

each case; Waiver of Arraignment and Entry of Plea of Not Guilty in each case 1.50 hr.

7-15-13 Telephone conference with client's wife; telephone conference with client's California attorney .70 hr. 7 -23-13 Call to jail for booking information .30 hr. .25 hr. 8-27-13 Telephone conference with ADA Edwards 8-28-13 Telephone conferences (2) with DA; telephone

conference with co-counsel; visit client; visit with DA and ADA Edwards; letter from client 8.00 hrs.

C:\NetShare\FB\CRlM_ K·O\Lasker.DD.S [075\Statement.OO [.""pd 159 *187 Date Description 8-30-13 Telephone conference with client's wife; receive and review State's Motion for Continuance; State's Motion for Competency Evaluation; State's Motion for Discovery of Expert Witnesses and State's Notice of Intention to Seek the Death Penalty 2.00 hrs.

9-3-13 Telephone conference with client's wife .3 hr. 9-4-13 Visit Clerk and obtain copies from file; telephone

conferences (2) with DA; visit client at jail; telephone conference with client's wife 8.00 hrs.

9-6-13 Motion for Disclosure of Favorable Evidence; Motion to Dismiss 2.00 hrs. 9-11-13 Letter from client .25 hr. 9-24-13 Work on IADA time line 3.00 hrs. 9-25-13 Telephone conference with District Clerk's office;

telephone conference with DA; telephone conference with co-counsel; visit client in jail; pick up copies of documents from District Clerk; receive and review discovery 8.00 hrs.

10-4-13 Letter from client .25 hr. 10-8-13 Review confession (audio) of January 12,2011 2.00 hrs. 10-9-13 Continue listening to audio of confession; letter to co

counsel 2.00 hrs. 10-10-13 Telephone conference with Craig Davis; telephone conference with Brody of Federal Bureau of Prisons; letter to Federal Bureau of Prisons 1.5 hrs.

10-16-13 Letter from client .25 hr. 10-23-13 Telephone conference with client's wife .25 hr. 10-28-13 Telephone conference with co-counsel .25 hr. 10-29-13 First Amended Motion to Dismiss in each case 1.50 hr. 10-30-13 Telephone conference with potential investigator;

telephone call to co-counsel's office .30 hr. 11-1-13 Meet with client and co-counsel at jail 4.00 hrs. C:\NetShare\FB\CRJ.\I_ K-O\Lask<r.DD.SI 075\Statemem.OO I.""pd /~o

(

*188 Date Description Time 11-4-13 Telephone conference with potential expert .25 hr. 11-6-13 Letter to DA (w/proposed stipulations) 1.00 hr. 11-7-13 Telephone conference with potential expert; exchange

emails with DA; Ex parte motions for funding for experts 1.00 hr.

11-11-13 Telephone conference with potential investigator .30 hr. 11-12-13 Letter from client .25 hr. 11-13-13 Letter to client; letter to DA (with additional proposed 1.00 hr.

stipulation) 11-14-13 Telephone conference with potential investigator; telephone conference with co-counsel .50 hr. 11-17-13 Ex parte motion for funding for expert assistance .25 hr. 11-18-13 Telephone conference with co-counsel .25 hr. 11-19-13 Telephone conference with ADA Edwards .25 hr.

12-4-13 Telephone conference with potential investigator; email to co-counsel; telephone conference with ADA Edwards; telephone conference with co-counsel 1.00 hr.

12-16-13 Telephone call to ADA Edwards; left detailed message N/C 12-17-13 Telephone call to ADA Edwards; left voice mail N/C 12-31-13 Letter to DA .25 hr.

1-17-14 Defendant's First Motion for Continuance (of Motions .50 hr. and Pleas setting) in each case 1-22-14 Letter from client .25 hr. 1-29-14 Letter to client .25 hr. 1-31-14 Telephone conference with client's wife .25 hr. 2-3-14 Telephone conference with co-counsel; telephone

conference with client's wife; telephone conference with expert 1.00 hr.

2-4-14 Telephone conference with ADA Edwards; telephone message to client's wife re: hearing schedule .30 hr. C:INetShare\FBICRI,\,'_K·QI.Lasker. DD.S 1 075\Statement.OO 1.\\pd *189 Date Description Time 2-7-14 Motion to Suppress Confession in each case 1.00 hr. 2-10-14 Listen to audio statement; receive and review State's Response to Defendant's Motion to Dismiss 5.00 hrs. 2-14-14 Letter from client .25 hr. 2-18-14 Letter to client .25 hr.

3-4-14 Telephone call to ADA Edwards, left message N/C 3-10-14 Letter from client .25 hr. 3-11-14 Letter to client .25 hr. 3-12-14 Telephone conference with ADA Edwards .25 hr. 3-18-14 Prepare Agreed Motion for Transcription of Pretrial

Hearings; instructions to staff 1.00 hr. 3-19-14 Telephone conference with client's wife .25 hr. 3-27-14 Telephone conference with expert .25 hr. 3-31-14 Telephone conference with ADA Edwards .25 hr.

5-9-14 Telephone conference with expert .25 hr. 5-27-14 Telephone conference with client's wife; telephone call and email to court coordinator .40 hr. 6-12-14 Telephone exchange client's wife .25 hr. 7-1-14 Telephone call to Attorney Victor Amador .25 hr. 7-3-14 Research re: Mandamus; drafting motion 4.00 hrs. 7-7-14 Research re: Mandamus; drafting motion 4.00 hrs. 7 -8-14 Research re: Mandamus; drafting motion 4.00 hrs.

7-10-14 Work on new Motion to Dismiss; telephone call to co- counsel 4.00 hrs. 7-11-14 Telephone call to co-counsel; telephone conference with ADA Edwards; finalize Motion to Dismiss for Violation of the Interstate Agreement on Detainers in each case; letter to Judge McCaig 2.00 hrs.

C:INetSh.re\FB\CRH,l_ K-O\L.sker. DD.S 1 07 5\St.tement.aO l."'pd *190 Description Total Out-of Court 91.10 hrs.

Expenses: Date Description Amount 6-9-13 Mileage expense (160 mi. @ $0.5 65/mi.) $ 90.40 7-12-13 Postage 6.80 7 -31-13 Photocopies for the month of July, 2013 (61 @ $0.20

ea.) 12.20 8-28-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 9-4-13 Mileage expense (160 mi. @ $0.5 65/mi.) 90.40 9-10-13 Postage 1.92 9-25-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 9-30-13 Photocopies for the month of September, 2013 (167

@ $0.20 ea.) 33.40 10-3-13 Postage 1.12 10-9-13 Postage 2.84 10-29-13 Postage 4.56 11-1-13 Mileage expense (160 mi. @ $0.5 65/mi.) 90.40 11-4-13 Postage 4.42 11-4-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 11-6-13 2.64 Postage 11-7-13 Postage 3.10 11-8-13 Postage 4.10

11-13-13 Postage 2.38 C:\N<tShare\FS\CRl,\l_ K-O'.Lasker.DD.S I 075\S'a,ement.OO I.",pd /~3 r *191 \

11-30-13 Photocopies for the month of November, 2013 (253 @ $0.20 ea.) 50.60 12-31-13 Photocopies for the month of December, 2013 (40 @ $0.20 ea.) 8.00 12-31-13 Postage 2.64 1-13-14 Postage 1.58 1-17-14 Postage 4.96 1-20-14 Postage 2.38

2-7-14 Postage 4.83 2-11-14 Mileage expense (160 mi. @ $0.56/mi.) 89.60 2-11-14 Postage .69 2-28-14 Photocopies for the month of Febmary, 2014 (253 @

$0.20 ea.) 50.60 7-11-14 Postage 16.79 Total $854.55 Expenses

C:\N<tShareIFB\CRlM_K-OILasker.DD.S I 075\Statement.OO I'\\l'd

'CAUSE NO. 11-01-13703

*192 THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § 'WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT NOTICE TO PREPARE REPORTER'S RECORD TO: ROBYN WILEY, OFFICIAL COURT REPORTER OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and makes this request, in writing, for the Court Reporter to prepare an official Reporter's Record to be used for the Petition for Writ of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14- 00630 styled In re Dominique Dontae Lasker A designation of the material requested is as follows: All pre-trial hearings in Cause No. 11-01-13703 including June 4, 2013;

1. September 9,2013; November 4,2013; and February 11, 2014; and 2. All exhibits used, marked, offered, and/or admitted during any proceeding of this cause; Applicant has been determined to be indigent for purposes of this proceeding and the cost of preparing the Reporter's Record, if any, will be paid by the Treasurer of Grimes County, Texas. A copy of this request has been filed with the Clerk of said Court and another copy served on the attorney for the State.

...

Respectfully submitted,

c;::, - J::- -< /'0.,:, ~ r- SMITHER, MARTIN, ,.,,- V') r-o HENDERSON & BLAZEI r;] , o;:O-r"J :::ztC/J - ; tTl 1414 11th Street "t:r Huntsville, Texas 77340 c w 0(:)_ --I C::-I' -<

(936) 295-2624 ~<",>rr, .boa - -1::0 - . ,." ::r ::-(r-O (936) 294-9784 [Telecopier]

...

r"l"J-

:-...: -.

Co.) ;;.;..

UJ

NOTICE TO PREPARE REPORTER'S RECORD

PAGE I C:\NetShare\FB\CRIM _ K-O\Lasker.DD.BI 075\Mandamus\Notice to Prepare Reporter's Record 11-01-13703 .wpd

*193 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS

FOR DEFENDANT

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregOing Designqtion Items to Be Included in the Record has been forwarded to opposing counsel on this the~"-aay of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street

... ~J1

Hempstead, Texas 77445

Frank Blazek

NOTICE TO PREPARE REPORTER'S RECORD

PAGE 2 C:\NetShare\FB\CRIM_K·O\Lasker.DD.81075\Mandamus\Notice to Prepare Reporter's Record 11-01-13703.wpd

CAUSE NO. 11-01-13703

*194 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD TO THE HONORABLE JUDGE OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and requests that the following instruments be included in the record for the Petition for Writ of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14-00630 styled In re Dominique Dontae Lasker: All pleadings and documents on file in Cause No. 11-01-13703, including: Indictment; 1. 2. Notice and Demand to District Attorney!Prosecutor for Trial or Disposition of Warrants,

Informations, Detainers or Indictments by Federal Prison dated July 2,2012; Notice of Imprisonment and Request for Speedy Trial and Final Disposition dated 3. July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM"; lAD - Placement of Imprisonment and Request for Final Disposition dated January 30, 4. 2013; 5. Certificate of Inmate Status dated January 30,2013; 6. lAD - Offer to Deliver Temporary Custody dated January 30,2013; 7. Order Appointing Counsel dated June 6, 2013; 8. Defendant's First Amended Motion to Dismiss dated October 29, 2013;

o'"?i rrJ ~ "'0

9. State's Response to Defendant's Motion to Dismiss;

C

-of -<

10. Order dated March 11, 2014, denying Defendant's Motion to Dismiss; 11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement

filed July 14, 2014; 12. Notice to Prepare Reporter's Record;

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

PAGE 1 C:\NetShare\FB\CRIM.K-O\Lasker.DD.81 075\Mandamus\Designation of Record II-OI-13703.wpd

/~7

13. Designation of Items to be Included in the Record;

*195 14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;

and 15. Docket Sheet. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11 th Street210 Huntsville, Texas 77340 ifjl1

(936) 295-2624

::6) 294-9 r

Frank Blazek

State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Designation Items to Be Included in the Record has been forwarded to opposing counsel on this the ~""day of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

PAGE 2 C:\NetShare\FB\CRIM _ K·O\Lasker. 00.8107 5\Mandamus\Designation of Record 11-01·13 703.wpd

/6f

No. 11-01-13703, 11-01-13704 and 11-01-13705

*196 THE STATE OF TEXAS § IN THE 506th DISTRICT o § VS. COURT OF ~~.'~ c::>Q --i -<

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXA N ..

-f:::::J

f'i1X x

STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS ~ t;;

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas by and through the undersigned Assistant District Attorney and submits this STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS and would show as follows:

FACTS:

Stanley Ray Jackson and Janella Edwards were found murdered in their residence in Brookshire, Texas in the early morning hours of March 10,2010. Both Edwards and Jackson had been shot in the head with a firearm. A lengthy investigation ensued whereby it was discovered that Dominique Dontae Lasker was home on leave from the United States Marine Corp during the time that Edwards and Jackson were murdered. Lasker had lived with Edwards and Jackson at times during his childhood. It was also determined through an FBI firearm analysis that a firearm used in a October 30, 2010 bank robbery in California was the same firearm used to

. murderEdwards and Jackson on March 10, 2.010. The firearm used in the bank robbery was in the possession of Dominique Dontae Lasker. Lasker was interviewed

1 *197 by Texas Rangers while he was being held in California and confessed to the murder of Edwards and Jackson. Lasker was indicted by a Waller County Grand Jury of two counts of murder and one count of Capital Murder on January 27,2011 and although it is not clear from the court's records, the State presumes that a detainer was issued a short time after indictment asking that Lasker be held to stand trial here in Waller County.

While the murder charges were pending in Waller County, Lasker was sentence to one hundred and twenty-one (121) months imprisonment in a Federal penitentiary on or about January 30, 2013 for the California bank robbery charges.

On July 19 t \ 2012 the State received a "Notice and Demand to District Attorney for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisoners, " presumably under Tex. Code Crim. Proc., Art. 51.14, Art. III. It appears that the motion was received by the Waller County District Attorney's Office via standard u.S. mail directly from Lasker without participation or knowledge of the Federal Prison authorities and not certified mail as required by Tex. Code Crim. Proc., Art. 51.14, Art. III. The motion did not contain the requisite certificate from the warden of the holding authority and in its failure did not contain any of the required information such as date of parole eligibility, good time calculation, decisions of the parole board,. time remaining to be served and time already served by the prisoner.

2 /)0

On August 31,2012, Waller County requested and received lAD Fonn

*198 V from Ed Perez, an administrator for the Federal holding facility. The State intended to bring Lasker back to Waller County in accordance with Tex. Code Crim. Proc., Art. 51.14, Art. IV.

On January 2, 2013 the State sent a request to the Warden of the holding authority for temporary custody of Lasker. This request included copies of the indictments and warrants as well as lAD Fonn V, "Request for Temporary Custody." Of note is the inclusion of a signature block for the Judge of this Court on lAD F onn

V.

On January 31, 2013 (the actual date of receipt is unclear but the letter was presumably written on January 31,2013), Waller County received a response to its request for temporary custody of the inmate advising Waller County that the inmate had waived his thirty day notice to object to the temporary custody. The Warden further advised that yet another fonn (lAD F onn VI, "Evidence of Agent's Authority to Act for Receiving State), would be required along with signatures of the actual agents who would eventually pick up the prisoner.

Also attached to the above were lAD Fonns ''Notice of Untried Indictment", "Placement of Imprisonment", "Certificate of Inmate Status" and "Offer to Deliver Temporary Custody." The effect of these Forms was to make a demand on Waller County, State of Texas to bring the inmate back to Waller County for trial

3 I )J

in accordance with Article III of the Interstate Agreement on Detainers Act. This

*199 notice was delivered on or about February 8, 2013. It should be noted that the Certificate of Inmate Status was not in compliance with Article III in that (1 )it left blank the date of parole eligibility and (2) left blank any mention of decisions that mayor may not have been made by the parole board concerning the inmate.

On April 8, 2013 Waller County received by FAX a copy of the request lAD Form VI from the Federal Warden. On April 17, 2013, Waller County sent lAD Form VI to the Texas lAD administrator, Donna Bell. On May I, 20l3, Waller County forwarded on lAD Form VI that had now been signed by the Texas lAD Administrator to the Federal Warden. Lasker was returned to Waller County on May 24,2013 and has been in Waller County custody since that time. The Defendant's first court date in Waller County was on June 4, 2013. At that time the Defendant informed the Court that there were a number of motions on file and that he wanted a decision on those motions. The Court informed the Defendant that he needed to be represented by counsel. The Defendant had in fact requested in his lAD Form "Placement of Imprisonment," that he be appointed counsel by the requesting Court for all matters preliminary to trial. With that in mind the Court appointed the Regional Public Defender on June 4, 2013 and continued the

4 17)...

matter until such time as the Regional Public Defender could consult with Lasker and

*200 otherwise become prepared to be to heard on the various motions that Lasker had filed.

At some point after June 4, 2013 it was detennined that the Regional Public Defender could not represent this Defendant. The Court then appointed Mr. Frank Blazek on June 6, 2013. A few days later Mr. William Carter was appointed as co-counsel.

After the State met and discussed the case with Mr. Blazak it became apparent that the Defense was not going to initiate any sort of court settings. The State requested a Court date so that certain matters could be heard. On September 9, 2013 the Court heard and granted its second continuance for good cause shown until November 4, 2013 whereby the Defendant waived arraignment and a scheduling order was signed by this Court.

APPLICABLE

LAW:

The IADA is a congressionally-sanctioned compact between the United States and the states. Cuyler v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703, 709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the party states and the purpose of the IADA is to encourage the expeditious and orderly disposition of outstanding charges and determination of the proper status of any and all detainers based on untried indictments, infom1ations, or complaints."

5 173

Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this

*201 purpose, the IADA permits a state to tile a detainer against a defendant residing in a prison in another state, gain temporary custody of the defendant, and prosecute the defendant on the charge that forms the basis of the detainer. U.S. v. Mauro, 436 u.S. 340, 351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).

The IADA also provides a mechanism for a person incarcerated in one jurisdiction with charges pending against him in another jurisdiction to be tried on the pending charges before being released from incarceration in the first jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either the defendant or the jurisdiction where charges are pending may demand that the defendant be tried on the pending charges. lei. Arts.!, III, V.

Article III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial wi thin 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint. ..

The lAD also states that the prisoner's request in Article fII (a): Shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under

6 *202 which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decision of the state parole agency relating to the prisoner.

ARTICLE V.

(c) I l' the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. To request final disposition under article III, the defendant must cause

"to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment." Id. art. IIl(a) (emphasis added). The IADA provides that a defendant can perform this requirement by sending the written notice and request for final disposition to the official having custody of him, who would then forward it to the appropriate prosecuting official and court by registered (certified mail, return receipt requested). fd. art. III(b). The Supreme Court has held that the 180-day provision "does not commence untinhe prisoner's request for final disposition of the charges against him has actually been delivered to the court and prosecuting officer of the

7 175

jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,

*203 113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577, 580 (Tex.App.--Dallas 1998, no pet.).

The inmate bears the burden of demonstrating compliance with the formal procedural requirements of Article IlL" Morganfield v. State, 919 SW2d 731, 734 eCt. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430, 434 (1st Cir. 1991); Bryant v. State, 819 S.W.2d 927,930-31 (Tex.App.--Houston [14th Dist.] 1991, pet. refd).

The failure of another state to follow the lAD does not require dismissal of the Texas [receiving state] charges." Bryant v. State, at 929. Delay caused by holding jurisdiction tolled until the receiving State receives the completed request form. Id. at 931.

In Bryant, the court found that when the holding jurisdiction failed to send Bryant to Texas because of pending charges in other jurisdictions, that time the defendant was unavailable to Texas should not be taxed against Texas because Bryant was unavailable to her. At 931.

The denial of a defendant's motion to dismiss an indictment under the lADA is a question of law reviewed de novo and the factual findings underlying that decision are reviewed on a clearly erroneous standard. United States v. Hall, 974 F.2d 1201, 1204 (9th Cir.1992).

8 I '7~ *204 A prisoner seeking to benefit from the statutory provisions [of the Unifonn Mandatory Disposition of Retainers Act] must first meet the burden of compliance with the 'agreement.' NfcCallum v. State, 407 So.2d 865, 869 (Ala.Cr.App.1981). There must be strict compliance by the prisoner with the requirements . . ., otherwise, a conniving prisoner could finagle procedures to frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate Compact on Detainers'), and attempts to deal directly with officials in the receiving state, he must satisfy the additional requirements of the agreement which would normally be executed by officials in the sending state." McCallum v. State, supra, at 869." Seymore v. State, 429 So.2d 1188, 1193-4 (Ala.Cr.App.1983). ~Vhitley v. State, 392 So.2d 1220, 1224 (Ala.Cr.App.1980), cert. denied, 392 So.2d 1225 (Ala.1981 ).

If a Defendant takes it upon himself to notify the prosecutor and the Court directly, he is responsible for seeing that the notice is sent in the form required by the TAD. If Defendant's correspondences never properly comply with the notice requirements of the lAD so as to constitute "the required request," the 180 day period does not begin to run until Texas authorities have received the completed request form. Burton v. State, 805 S.W.2d at 575. When an inmate fails to serve the court where charges are pending, then he has failed to comply with the requirements of Art. III and the clock does not start ticking against the receiving

9 17/ *205 jurisdiction. State v. Votta, 299 SW3d 130, 137 (Ct. Crim App 2009). Article III, section (a) of the IADA states that the prisoner's request must be "accompanied by a certificate of the appropriate official having custody of the prisoner stating the tenn of commitment ... the time already served, the time remaining ... on the sentence, the amount of good time earned, the time of parole eligibility ... and any decision of the state parole agency relating to the prisoner." TEX. CODE CR[M. PROC. ANN. art. 51.14, Art. IH(a) (West 2006). And, should that information not be forwarded with the request for final disposition, the 180 day timeline remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.-Fort Worth 1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App. Amarillo, 2012).

In a long line of cases that includes Powell v. Alabama, 287 U.S. 45 (1932), Johnson v. Zerbst, 304 U.S. 458 (1938), and Gideon v. Wainwright, 372 U.S. 335 (1963), this Court has recognized that the Sixth Amendment right to counsel exists, and is needed, in order to protect the fundamental right to a fair trial. The Constitution guarantees a fair trial through the Due Process Clauses, but it defines the basic elements of a fair trial largely through the several provisions of the Sixth Amendment.

ARGUMENT:

This case has become convoluted for a couple of reasons. The 10 *206 Defendant allegedly committed the murders in Waller County on or about March 10,2010 and fled the jurisdiction. He did not become a suspect until facts became known about a bank robbery and his arrest in California on October 30, 2010. From that time until December 16, 2011, the Defendant was being held in California for trial. He was sentenced on December 16, 2011 and was committed for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary in California. The Defendant was indicted on the Waller County murder charges a couple weeks later on January 27, 2011 and presumably a detainer was placed on the Defendant shortly thereafter.

The Waller County District Attorney's Office entered into a number of informal telephone conversations through the Waller County Sheriff s Office with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what was needed to get the Defendant back to our jurisdiction for trial.

Then on July 19, 2012 the Waller County District Attorney's Office received through regular mail attachment Number 1. The document is entitled "Notice and Demand to District Attorney/Prosecutor for Trial or Disposition of Warrant, Informations, Detainers or Indictments by Federal Prisoner" and attached to that motion was what appears to be some sort of sentence monitoring sheet. It further appears that the document was sent by the Defendant without any participation or notice to the warden or the prison authorities there in California.

11 (79

This is one of the documents that the Defendant claims in effect to be a notice

*207 under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180 days of receipt of the notice by the Court and the District Attorney. If such were the case, then trial would have had to be commenced on or before January 16, 2013. Another consequence of this notice, if it were effective, is that it in effect waives the right of the Defendant to insist on the fonna1 extradition process and renders consent to be taken back to the jurisdiction seeking the Defendant for trial.

There are a number of problems with this Defendant's attempt at giving an Art. III notice. The notice has a few "shalls" in its wording. First, in Art.III (b) the notice "shall" be sent by registered or certified mail, return receipt requested. This requirement among other things gives both the prosecuting attorney and the Count some idea of just when the 180 days begins to run and does not leave that important date up to the vagrancies of in-office date stamping, claims of in-office routing problems and the like.

The second "shall" in Art.III (a) requires that a "certificate" be included by and from the warden of the holding facility. The Article goes on to say that there are at a least five pieces of infonnation this certificate shall contain: 1) the tenn of commitment, 2) the time already served, 3) the time remaining to be served on the sentence, 4) the amount of good time earned, 5) the time of parole eligibility of the prisoner and 6) any decision of the state parole agency relation to

12 *208 the prisoner. All of this infonnation is vital to the decision making process that may come into play by the trying Court and to the prosecutor. Another important concern that comes into play in this case is that the request by the Defendant through the warden of the holding authority gets the warden into the information loop, the import of which will be discussed below.

It is clear from the case law cited above that a failure on the warden OR the Defendant to strictly comply with the Interstate Agreement requirements in Article III results in no notice to the trying Court and the prosecutor. (See Fex, Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, { ... the 180 day period does not begin to run until Texas authorities have received the complete request form .. .}Burton, Lara, Garcia.

The failure of the Defendant to make his request through the warden caused the prison authorities to be in the dark about the Defendants intentions concerning returning back to Waller County. The warden did not know that Defendant had made a demand to be returned, so that when answering inquiries from Waller County about the Defendant's return, the holding authorities advised Waller County would have to make our request in accordance with Art. IV. This procedure requires the filing out of various forms and the obtaining of various signatures before Art. V (also requiring additional forms) could be triggered and the Defendant could eventually be picked up. Art. V also triggers different time

13 It!

requirements. If the Defendant were obtained via Art. IV, then his trial had to

*209 commence within 120 days of his arrival back in the requesting jurisdiction unless good cause was shown for the Court to continue the case.

Waller County began this procedure beginning infonnally after we determined that the Defendant had been arrested in California. It continued more fonnally after he was sentenced in California in January 2013. and continued November 2012 (attachment #2) through May 2013 (attachment #3).

On February 8, 2013 Waller County and the Court received another Art.III request (attachment #4) by certified mail this time through the warden of the holding authority. This demand contained a cover letter from the warden, "Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate of Inmate Status." The Certificate, however, did not contain the full infonnation required by Art III in that it omitted 1) the date of parole eligibility of the prisoner and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.

It is the position of the State that his February 2013 "notice" is likewise ineffective for the same reasons stated above. The Court and the prosecution are entitled to full and strict adherence by the Defendant and the holding authority in accordance with Art III and the cited case law.

If, for the sake of argument, the Court determines that the State has been placed on notice in accordance with the requirements of Art III, then the 180 14 *210 day trial dead line may apply thus requiring trial by August 7,2013. However, this court may find that good cause has been shown and continue the case.

Art III(a) ... provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. On June 4, 2013 the Defendant appeared in this honorable Court (a

Court of proper jurisdiction) (see docket sheet) and in open court and on the record demanded that certain previously filed motions be heard. The Court inquired of the Defendant if he was represented by counsel. Defendant advised that he was not yet represented by counsel and in view of Defendant's request to have court appointed counsel (see attachment #4, page 4), the Court reset the case until such time as appropriate counsel could be appointed. Later on in the day and NOT in open court, the Defendant was appointed the Regional Public Defender, However on June 6, 2013 the Court reconsidered this appointment and subsequently appointed present counsel to represent the Defendant.

This Court had no alternative but to appoint counsel for the Defendant and reset the matter. The Defendant had filed adversarial motions that needed to be heard, argued and decided. The Defendant made no request to represent himself either explicitly or implicitly. The Defendant had in fact given notice of his desire to be represented by court appointed counsel through his paperwork filed with the Court. If this Court had permitted the Defendant to proceed without representation,

15 *211 the Court would have clearly run afoul of the long line of cases that require a Defendant to have the availability of competent counsel in a criminal trial. (Powell v. Alabama, 287 U.S. 45 (1932).

The notice to the State failed by virtue of missing material in the certificate. The case was continued for good cause shown namely so that the Defendant could consult with court appointed counsel and become prepared for previously filed pre-trial motions. Tex. Code Crim. Proc., Article 51.14, Art. Ill's Constitutionality

The State argues in the alternative that Tex. Code Crim. Proc., Article 51.14, Art. III is unconstitutional as violating the Texas Constitution's separation of-powers provision because it unduly infringes upon the judiciary. See Tex. Const. art.IL Sec. 1). The separation of powers may be violated in one of two ways: (1) when one branch of government assumes or is delegated a power "more properly attached" to another branch or (2) when one branch unduly interferes with another branch so that the other branch cannot effectively exercise its constitutionally assigned powers. Armadillo Bail Bond v. State, 802 S. W. 2d 237, 239 (Tex. Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14, Art. III, unduly interferes with the judicial powers of the Waller Criminal District Attorney, specifically by preventing the State of Texas from prosecuting the case against the Defendant, who has been lawfully indicted. (Meshell v. State, 739

16 *212 S. W.2d 246, 253 (Tex.Crim.App. /987)("By establishing the office of the county attorney under Article V, the authors of the Texas Constitution placed county, district and criminal district attorneys within the Judicial department."). The law imposes on the State a strict prohibition from prosecution based on the expiration of a time limit that has no meaningful relationship to evidence or procedure. The deadline of 180 days is completely controlled by the action of the Defendant. Unlike the obligation on the part of the judiciary to set bail in accordance with Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14, Art. III mandates that the indictment be dismissed with prejudice. Id. Armadillo at 240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L. Rev.l,32 (1958)). This requirement that an indictment be dismissed with prejudice bars the judiciary (prosecution) from exercising its exclusive power to act on an indictment, try an indictment to a judge or jury, and have the case decided based on the evidence. Courts have held that certain realms of judicial process are "so fundamental and so necessary to a court, so inherent in its very nature as a court," that they must be entirely free from legislative interference. Id Armadillo at 240- 41. To arbitrarily bar the prosecution from proceeding based on any other factor other than the evidence or matters of Constitutional procedure is an improper

17 *213 infringement on the judicial power to bring, try and render judgment on criminal matters.

PRAYER:

For the above reasons and law, the State of Texas respectfully prays that the Defendant's motion be denied by this honorable Court. Respectfully Submitted, Frederick A. Edwards Assistant District Attorney Waller County, Texas 645 lth Street Hempstead, Texas 77445 (979) 826-7718, FAX (7722) SBN: 06435100

18 *214 ~" ", ;\'OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker FROM: TO: Office of District Attorney Reg. No. 22867-298 (bl.\6 ~ S\{(Lr- Su,\(. \ United States Penitentiary Victorville FCC

He.y",~~r{u..J T'f-.. '77~4S PO Box DOR 3900 Adelanto, CA 92301 Dear SinMadam: I. I have been informed that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: ~C~a~p~i~t~a~l~M~u~r~d~e~r~C~h~a~r~g~e~ ____________ # 11-01-13703 979-826-8282 ~C~a~p~i~t~a~l~M~u~r~d~e~r-=Ch~a~rg~e~ ______________ # 11-01-13704 979-826-8282 ~C~a~p~i~t~a~l~M~u~r~d~e~r~C~h~a~r2g~e _____________ # 11-01-13705 979-826-8282 ------------------------------------------ #------------------------ 2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the

Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Southern District of California, to a term of 121 months. My current projected release date from federal custody is Augus t ,~, ~o 1:2.. , as found in [he attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do not allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the dday in prosecution prejudices my defense against these outstanding charges.

5. r have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction andlor alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially, 'd..old.-/07/J... ~ ~

Dated:

~ ~i0~~J~"'-~" Dominique Dontae Lasker . I ________ ,\....",.u""1h...uu ..... r ...... izated by the Act of WIP.-iESS-PRIS()'~ ST \FF \lE!\JrnY 7, 1955, as amended, COPIES: !)RIGr-.AI. I:) DISTRICT AtR£q~lrn~lw(QqU1~'t&coRDs TO BE lSED \\ ITIl REQL'EST TO COL'RT FOR DIS\IISSAL. .\LSO: l-:n L'JE ?(J( I. \IE:\TA r IC!-: FRU\1 r HE C~SE tJ.&Glt §o(~~~)~.J}9ARDf'!G THE W ,RR.1,-:T DET .1,1~;[R .1,:\D IF POSSIBLE YO:."R SE,,"TE~CE .ll0:--rTORr-.\,. DA r ... I_'()\IPI T -\ i liT\. ~PJ\·;·'· H,'T '~H()\' 1'-0 'ItJl:R PRt)JFCTEO REl.E.;SE ~)A fE

EXHIBIT

j S 1. / If7 UP La\\, Llbr:lr} F.)rms, Nc)[iceSpeedyTrial-Detamer (Rev '1.11) *215 COURT 0 F __ W_a_l_l..;,.e..:,.r __ CO UNTY IN THE Dis trie t FOR THE STATE OF Texas [506 District] --~~~--~------

NOTICE OF PLACE OF IMPRISONMENT AND

Waller County Sheriffs, )

REQUEST FOR SPEEDY TRIAL AND FINAL

Plaintiff, ) DISPOSITION ... Pursuant to . . . . . . . . . ) (Tex.Code Crim.Proe. Ann.Art. 51.14 ) v. ) (Constitution. Art. VI. § 10 ) ) ) CASE NO. 11-01-13703 979-826-8282

Dominigue Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, r:tminiq..e fultae lasker

IS

1. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December Defendant has a projected release date ------------, from federal custody on __ A-'ug"'-u_s_t ___________ , 13

III

1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial. an il1 absfentia resolution be arranged, "'r? Law Library Fonns,NotlccSpeedyfrJ31-Detainer IRev 9/11)

*216 ·" , " -L f'his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v . .vorlh Carolina, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v . . \lichigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate aU needed and necessary orders and actions required to resolve this matter by trial or settlement in abstenlia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under fAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.

Respectfully Submitted, Dated:i1D' a..- to]' ( 03 J ~friiqu~ Lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document v,,'as mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: D is h"C (. t /~ 1+0 r VIe.. L( 3 ~ to

(}h. ~ kcd S l.Li\ t.- \ 1\ evY1 pST CC-LJ. 1 X. J 77 y~-5 ~ ~~----- Date: ~Ol~ /07/3 :;:::::> :~ . . Dominique Dontae Lasker In VIP Law Library Forms:\iotlceSpeedyTrJal-Detainer If~ev 9'11)

CERTIFICATE OF SERVICE

*217 I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville at Adelanto, California, on this ~ day of lJSPIFCC, ___ '>.;,.,.,\..J,.=:;c.....~""~\\O...~\:.....\l...\I,....-- ____ , 20

12 ,with sufficient postage affixed. It would be \

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2). District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNTY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~i ~4 ~ ITlillique D ; Lasker ....... Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Formsl Certificate of Service (Rev. 8/11) *218 · .

VIPC3 540*23 * SENTENCE MONITORING 04-04-2012 * PAGE 001 * COMPUTATION DATA 15:38:24 * AS OF 04-04-2012 REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984 ARS1 . . . . . . . . . . . . . : VIP/A-DES UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L

DETAINERS . . . . . . . . : YES

NOTIFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR T~E'S CURRENT COMMITMENT. THE INMATE IS PROJECTED FOR RELEASE:C=08-13-2019 VIA GCT RE~~. ---

-

----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMEER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50

-------------------------CURRENT

OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

G0002 MORE PAGES TO FOLLOW . . !1! *219 •. JtII' ......... , .. ,,. ... ,~ , . , ''\,.~"'.;.>'

Mr· Dominique Dontae Lasker

.. I'f'If~~~': .. · . '~~'~""', .~.~·;.f',t :t~~ft.~~""<t··t:(\)-; t>',t r~)~;~· ~_.}J'i. "~:.~'..:..~~) Fed. Reg. '2286T-298 . _ . :..0 ......... ,' -. .,,~ I r,;""~ " United States Penitentiary Victorville :::::~- . . .. ~ ~- j oJ },Ul, )1:}J?~"'~'~;:; t P.O. l1OX. 3900 _.,;;u-~i,.""'·~· , .

ADELAN'ID, CA. 92301

lin, District Attorney/Prosecutors Office

I'

'I, For Waller County 2Y b ~--,-sJn:~L .Su!'L-c I ':tegal Mai 1"

" " I '

( __ .... \ \("(,<)C&C:(! I ~ 11 I ] 7 l./:i.,r\ 'D J-' 1. N DISI\ 77::1 r5E (;-::~ f)7/t('/l,~ IINI\f7,I.r. TG ;'{)RI,lIARl)/!'OR r.:::VTFl'J ;. { J.. {t ( .... ' .... ~'~ .1,. "" 7 7 '·1,'1 S :, ,~C):: .J~ 11 D U ..... (: f~! P .~ - 1. '2 ~~ .~ S - 1 1. i ;~~ :~ t. : ~ 7(44S:~~~4\:i24E ~. ,1 e ,fie ., n '> 77 .1 ii Ii i i i i i i ^[1] i i i jii i i i ii , , -,- -,- _, ••• ....) , L,I' t_ ! J I f " 1I ! I ! ! t PI! I I P ! ! ! ! , I ~ I , ! ! ~ ! ! ~ , " ' ! ! ! ! ! ~ ! ~ ~ ~ ! ! ^[5]

• Transmission Report Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY DA MATHIS OFFICE LocallD 1 ^[9798267722] Local Name 1 WALLER CNTY. DA OFFICE LocallD 2 Local Name2

*220 This document: Confirmed (reduced sample and details below) Document size: B.5"x11" Elton R. Mathis (979) 826-n18 (9791826-7722 Fax

Crininal Distric:t Attorney W=iller County January 2. 2013 Warden United States Penitentiary Victorville FCC. P.O. Box ^[3900] Adl!lanro. Califomia 92301

In Re: Inma1e DOMINIGUE DONT AE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden. PII!aSl! find our county's request for temporary custody so that Irvnate OominQue Dontae Lasker may stand trial for Capital Murder in Waller County. Teus. I have attached certified copies of the indiclments and warrants In this matter. There are no fingerprints or photographs because the Defendant ned our Jurisdiction before arrest. He was ho_ver intervie-.i by Texas Ringers there in Califomia. if there is anVlhill8 more that is needed to facilitate this temporary transfer, please let me know.

8estfrdS, /' / 0 ~..f:.!.~~ First Assistant District Attorney Waller CountV, TI!us

EXHIBIT

is' ~ Total Pages Confirmed: 8 Remote Station Start Time Duration *221 Criminal District Attorney VValler County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know.

Be;i,2/~ ..-r~ Frederick A. Edwards ~ =--- First Assistant District Attorney Waller County, Texas

PAGE 02/03 RECORDS 7613531357513 :09/05/2012 08:35 81?-S568.051 LAD FORM V - REQt1,BST FOR TEMPORARY CUSTODY CCFRM JlllAUl.t.Q FEB 94 t1 • S. DEP~ OJ' JUSTICE nDERAL Bl.JUAU 01' PRISONS *222 six copie.!l. Signed copiu M1.I8t be !Scn~ 1:.0 the pdsoner and 1:.0 the o.fticial who hu the pr.isoner in cu~~ody. A copy !Should b. ~ent ~o ~he Aqre.ment Administrator of both the $.nding and the rec.i~ing !!tate. Copi •• 1Ihould be. retained by thQ person Ulinq the request a.nd the judga who signs the rQquQ~t. Prio~ to tran~f.r ~nder thiS Aqreement, an Inmate may be afforded a judicial hearing (Cuyler) si~lar eo that provided und~r the uniform Extradition ~ct, in which the inmatQ m~y bring a limitmd chall.nge to the rec~ivin9 .tate's requ •• t. To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre.!l.!l

~ 1)tV;t;c1 .s+", t..s ?el\)1 f~Nf'Ar:;~ viGfo~v'd It }-CC' J 7-0. Eox.3qO~ ~De{~j})oS' Please be advi sed that (Name of Inmate) );0,,",,11\1 J tf LA Ii j)OI\J1 At: LrtS KeI2..12Jflr-- 1.'11, who ~ ~;~~~y an inmate of your inst.it:ution, is under [indicate appropriate]

(-complaint) in the (Jurisdiction) ~d~~~-=- f"i9~eR\at:ion) ~~ Col W~lleV"Co(..4lvtyl-e'(145 of which I am the (Title of Prosecuting

SOG

l5js"\-V1~c.f H' R OY1J\J~ Officer) Said inmate is therein charged with the offens sJ enumerated below:

" Ai) ta,. , . f;c I Il- 0 I-I Ofran.a(s)

(.J)

l C p. Y ~ -t ~ I M l..4 V 0 e v- l \ - 0 I - 13 =103) C .. fl ,: "= ... { J k"", V IVY!- L I - 0 I - 13 7° r f-:::V M '" y Q.;' l - :1

(j) I propose to bring this per301'l to trial on thie [indicate appropriarej (indictment f$$f Iii! lot.,... '~OI,~:hjt) "'i~hin the time specified in Artiela IV(c) of the Agz:eement. In order that proce.dinq~ in this matter may be properly had, I hereby rQquast temporary cU3tody o~ ~uch per$ons pursuant to ~rticle IV!., of thB Aqr.ament on Oat4in.z:e. Attached herewith find in triplicate: a. Certifi.d copies of the complaint, information or ind.i.ctment b. Certified copies of the warrant c. Certified coples of finqerprint$, photoqraph~ or phy~ical deSCription I hereby agre. that immediately after trial i~ completed in th.is juri~diction. I will return the priSoner directly to you or .. lJ.ow any juri.diction you have designated to taKe temporary custOdy. I aqreQ al!!o to com l.te Form IX, The Notice of Oi8 osition o! a Detainer, immediatel a~ter trial.

l.:Dis tv.7 l• C ;.J . Date Prineed Name and Signatur Ti.tl,e E \ ",ON Q.. tv' pd\"'\S CR,,"',NA. ,cHi ^[011] NoV J,~ 1 20 I:

-::;7 4Lf. ~ Telephone No. : Address: Ci ty/seate: LP4 5" l'QtJ,...s+{'~d \-\-e'W\..?5--bec..1~ IT~XI4.5 q-:r'1. - g2& - 7-=1/~ I h~reby certify that the person whose signature appe~rs above 1s an appropriate officer within the me~.ninq of Ar:ticle IV (a) and that the fact:s recited in this request for tempora cuatody are correct: And that havinq duly recorded said reque~t, I hareby transmit it !or aC~i'~n in . cordance wit:h it. ter.m and the rovi~iol'1s of th~ Aqref!t".en~ on Detainers.

Judge's Print~d N~e and Signature A I b.4v\ M. Me c.t:A.\ City/State Telephone No. eY'A s-t-e;-\)), W~ ll-ev- COl...Vl.A-t 0"1 {,>J (This for.m may be replicated via WP) /95 NO. _/_I_-_t_I_-_'_1_1_"'1_-t_..J" __

THE STATE OF TEXAS

*223 IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

~),_t; ti JUDICIAL DISTRICT DOl\UNIQUE DONT AE LASKER BIM DOB: 03/2111984

~ ~fl Charge: CAPITAL MURDER Section: 19.03 t~

Degree: CAPITAL FELONY

~ ~i~;

INDICTMENT

, r ~I~ ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the E 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER. hereinafter styled Defendant. on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment. in Waller County, Texas, did then and there intentionally cause the death of an individual. namely. Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm. and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury Cause No. 11-01-13703 *224 TIlE STATE OF TEXAS IN THE DISTRICT COURT OF VS. W ALLER COUNTY, TEXAS

DOMINIQUE DONT

AE LASKER 506TH JUDICIAL

DISTRICT

Black/Male 008: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/ber before tbe Honorable 506TH District Court of Waller County, Texas, at tbe Courtbouse of said County, in Hempstead, Texas, instanter, tben and tbere to answer tbe State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MULTIPLE, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed tbe same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, T XAS

-.:1 / f < BY:-- / .~A;·· ,IJ n . - / . Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock - - - - - - - - - - - - - -

,m., and executed by arresting ______________ _

At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of __ __ ___ __ _

Mileage miles Taking Bond By: __________ __ Commitment

Deputy 197

THE STATE OF TEXAS

*225 IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER ,-'Cl~rr.JunICIAL DISTRICT BIM DOB: 03/2111984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelIed, sworn, charged, and organized as such at the January term, A.D. 2011 of th 506 tb Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury /9t Cause No. 11-01-13704 *226 THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. W ALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

S06TH JUDICIAL

DISTRICT

B1acklMale DOB: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable S06TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

Y ;::''J.~~, / B : .-:>~ ~d£d / FiHaggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the ___ day of __ _____ , at _ _ _ o'clock __ .m., and executed by arresting _______________ _ _ At , in ___ ___ County, Texas, and placing him/her in the Waller County Jail on the day of __ __ ___ __ _

__ _____ County, Texas Mileage miles Taking Bond By: _____________ __ Commitment

Deputy 19t . l3 7 (J~ - NO. / / -- {J /

THE STATE OF TEXAS

*227 IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER .,:J{ )6~ JUDICIAL DISTRICT

BIM

DOB: 03/2111984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury · , *228 Cause No. 11-01-13705 IN THE DISTRICT COURT OF THE STATE OF TEXAS VS. WALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing bim with MURDER, a felony.

/ E f}" Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock ---- - - - - - - - ---- __ .m., and executed by arresting __ ______ ____ ____ _ At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of _ __ __ __ __ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

_____________ , Sheriff FEES: Making Arrest ___________ County, Texas Mileage miles Taking Bond

By: ____________________ __ Commitment Deputy *229 SENIJER: ~,Cf1.1PLETE TillS ';ECTION 0: Ia dIIII'My an. dIII'Irwtt fI'an Item 11 1. MlcleAddNAld taco "vea arardaMlyan.beIoww:· C,.. vJdnl~ ~5~~~.b~ \.I"c.-\ttvi ~ te . FCe., P.~.;" BO'f-3~~.

3. s.vtc.~ ~~\~~ CJ\,'4I'2.'3 o \ ~c.tltlldM*:. crR~' o lnand MaIi",

7002 PS Form 3811. February 2004: DomestIc Return R~ • *230 Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, 'itxas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney VValler County May I, 2013

Ms. Linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 VictorsviJIe, CA 92301 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at the Waller County Sheriffs Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank you for your help in these matters.

Sincerely yours,

2R----

Elton R. Mathis Waller County District Attorney

Ene. Cc: R. Glenn Smith

Waller County Sheriff

EXHIBIT

I 51 3 *231 I lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY COFRM t3P-A05ti4

APR 10

FEDERAL BUREAU OF PRISONS U.S. DEPARTMENT OF JUSTICE Five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establish~ng their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving State ~ ec=.... l,;> S () To: (Administrator and Address) )..'..).4., -r: rIl~~r~ I v{..,-J..,...

'i>.D. Bo~ ~'i()O ,,; c..la,,.. "d \~ C!... A

Inmate (Name and Register No.) is confined in (Institution and address) Fc..c.. V ~"-h,, " \ \\e. 6,,,,,-~ \~'I'- - uS P ~~"S\~ r ) VO '-''''''1,.;'e.. Do~e. P.D. 'Bo~ 'S'J{O 0 ~~~~(- Z'1~ c... 141'\. fc:; .. nrl wi 1] be t.::>J.:.c:n llll.v "":USLvuy ett. ~aid Institution on (date) for return to the County of ______ ~~~~~A~~~~~~~~~-------------------------------,state of

Cej<d S for trial. In accordance with Article V{b), of said Agreement, I have designated: . gent's Department Represented

~:;z&f IfyMW ~,;sd 'rf/t., C:O. :;;kr,~p(!; c2ft1?ee whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature) Dated prOS~~ign.ture~

~z013 ,i).1f- . *232 .' - . .. "). d. City/State - Ikll4!S ~ ~ r(. '7-r'-l a. b. e. Telephone No -

q,'1 B l.t.- -r'11'P:> '" . Evidence o~ Agen~/. Authority Continued To: (Warden-Superin ceodent-Director) )..., ek. -r: f"\e Q, r c...--v« '=f:. &.r ~ I ' - In accOrdance with ~he above ~epreeentacion8 and the provi~1ona of the Aqreement on Detainers, thQ persons listed above are hereby deaignated as Agent& for thQ

TE)('A-

S Statca of to retlJrn J.A=S\u;:fL, llCrrt:Ft-g:Qt.Jt# "DortrAtf (tn~atel ~ Name ~a «1. ~gister No.)

h{8L.Ug, d¢e~_ ~ l:) to the county of ,Stat:e or __ ~ , for trial. At the completion o::the trial (Inmate) I-llsJ4{l!... j>ofW'l:::&'H:E:q,1JtF' ;i>D""71'1~ c2?:2 &'"1'- tfl9'rZ, shall be retu.ned to the (lnat1tution and Addrel5~) : "Tee v',"t--hv.,;/Ie.. 6:>(tA..t~~ - v 5 P

p

().

I3D,K ~~IJ 0 A.I-t 1~IoJ e.,q. 9~ '6 0 1 Oatl!d c. City/State d. Telephone No.

Prescribed by eS8" 2 sa~083Cl *233 '. I i

.. )J .} 1 ') - J

-. .) - ; 1

I

.} *234 · .

U.S. Department of Justice

Federal Bureau of Prisons

ZD '" r~"" I J ' .. , ,'''10: ~9 ,.' .J Federal Correctional Complex Office of the CocC'ectlonal S~ti-<---;::-I.~:-441.-A~ VIctorvIlle, Ca Ifocnla January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County S06(h Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your r~quest for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV(a), which expires on DATE) . Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the lAD Form V (BP-S68) and IAD FormVI (BP-56S). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should alsa appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

EXHIBIT

I -5f if

Exhibit

*235 Page Two RE: Lasker, Dominlque Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((10~ /s/ D. Wren, SCSS

Enclosures: BP-eorms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification form cc: Clerk of Court State IADA Administrator *236 - BP-S235 (51) lAD -NOTICE OF UNTRIED INDICTMENT u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

rNMATE NAME: REGISTER NUMBER: fNSTrTUTrON:

FCC VICTORVILLE COMPLEX

LASKER DOMINIQUE DONT AE .22867-298 Pursuant to the Interstate Agreemen·t on Detainers Act, you are hereby infonned that the following are the untried indictments, information, or complaints against you concerning which the undersigned ha~ knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER CA USE #11-01-13703, 11-01-13704 AND 11-0]-13705. You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or or ere suc e Ivery. d d hd\'

Linda T. McGrew, DATE: NAME AND TITLE OF Complex: Warden

CUSTODIAL AUTHORITY

August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original Inmale Cory: J&C File

Cenlral Ii Ie *237 r BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM FEB 904 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Court: Jurisdiction: 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex· United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11·01-13704 and 11·01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for final disposition of all W1tried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a fwther consent voluntarily to be returned to the institution in which I now am conImed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(51), Certificate ofIrunate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONTAE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint cOWlsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, infonnation or complaint is pending. Failure to list the name and address of cOWlsel will be construed to indicate the Irunate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

Vrequest the Court to appoint Counsel. (Inmate'S Signature) ( Record Copy - SIJIIo lAD Admini.tnotor; Copy - J&C File; Copy. Cenlnol File (Sec!. I); Copy. Proseculing Official (Mail Cenilied Relurn Receipl); Copy· Cleric orCour1 (Mail Cenified Rerum ReceiPI) *238 ~/o , .

.

, BP-S23&.OS ^[1] lAD - CERTIFICATE OF INMA TE STATUS CDFRM Fcbnury 1994

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS Inmate's Name: Register No.: Institution: FCC VICTORVILLE LASKER, DOMINIQUE 22867-298 DONTAE COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: I. The tenn of commitment under which the prisoner above named is being held:

121 MONTHS

2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS 3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS 4. The Amount of Good Time Earned: 108 5. The Date of Parole Eligibility of the Prisoner: 6. The decisions of the U.S. Parole Commission relating to the Prisoner: 7. Maximum expiration date under present sentence: 11-29-2020 Detainers currently on file against this inmate from your state are as follows:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: Name and Title of Custodial Authority By: (Chief Executive Officer) Charles E. Samuels Jr. Linda T. McGrew, Director, Bureau of Prisons 1/30/13 Complex Warden r D. Wren (6;.)lJ.-' Correctional Systems Specialist

Record Copy· State IAD Administrator Copy. J&C File Copy - Central File (Sect. 1) Copy· Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

*239 2/1

,

lAD - OFFER TO DELIVER TEMPORARY CUSTODY BP-S239.0SI CDFRM February 1994 u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Date: January 30,2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONTAE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the indictment, infonnation or complaint which is described in the attached inmate's request dated: September 27, 2012

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV( d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached. Indictments, infonnation or complaints charging the following offenses also are pending against the inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities in these jurisdictions for purposes of these indictments, infonnation or complaints.

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please infonn us as soon as possible? Kindly acknowledge. Namerritle Custodial Authority: By: (Chief Executive Officer) Institution & Address: ¥'~~n

Charles E. Samuels Jr. FCC Victorville - USP Director Correctional Systems Specialist P.O. Box 5400 Adelanto, CA 92301 Bureau of Prisons Linda T. McGrew Complex Warden

CRIMINAL DOCKET

*240 - / ' -, SlM INC., DALLAS FORM CLD DATE OF FILING ~\ , Number of ..... STYLE OF CASE ATTORNEYS OFFENSE

Case Month Day Year 1 //-!J/-/J;'tf0 THE STATE OF TEXAS d/L:!% mdZL--~ State (~./J/~/ / 017 // "r" Indi.ctment ) - vs. In , or ( j7//U~ lA.Jj)J( / ~c ~JJ -p./ iJrf)(hp) ~0'.R~.J ~ I) // Fee Book vo. cago y Defendant I Date of Orders Minule Book ORDERS OF COURT Was WITNESSES Month Day Year Vol. Page S:~~Ographer li ~ I~ D- (Jr'f,s,fn+ - Cllllnw (/J)Qoln-kd +hVt5UU\h ~ IOI10J7 oJ J Qubll'rDekrriar fur (jwl+ttp ~. 0 ~ 13 ~ OYLSGn+ 1).J1~,(,6e--' n1r. B)auKin fmLr+nmm- tSr<~ \fJIILlA

o .

5ttt If (lDPed red -\t1 n5t{C] h m r, ma+h is , 6tlt +fS YYl6h ()() fl5Y rbnhA uanc.e lA:;(A~ lruo.v-d 1olAe+-vuv L~+h IXkrdaltt' mo hI) y) \1) Dis m ] 5 S . () -0-k r h,.Q.c~t~ 00 CLc?\ U VYLQ.Y\.,+ Q f CiliA n'itl an (J CbY)skLu1 m:£lrt'lt ~N ~+ -fT> und C\ood eoJl~ to ~Yllf\+ +~ '3~~ls YVl6f10Y1.f15V ('N\1lf\U lYle..( Q~ t~ bas)s (} ~ rwti cl.Q.. 15[ at ~ I n+ersitt-k: [£Jd'\ nlZ-Y's Ocr, Ctknc;e CiJIlnse-l wll \ fu~r bnef h\s rYlD-h'OYl ~ DlSm'lss, S~+e(' m01lon.(Dr JY\ebt"ODeJ n.U~ ~ XtAJi'\ M S run,y-zf lLyt;\ ,.~ ~ t- hlatd tlrC1 UJvWJ1 rs ~ .fw C1Y1r1 QM InS)- §J!u 5dm..e.' t'Vlr*illn dt-ky'(ed

- , Otna.'1 nov 1\lY.}~x I hv esfl~;n bl;\ ~ cttknse.. ~nallv8 Ds[oveM--\ ~yV \}JtA~ siJ Y\.Qd and CWWS nmv\dJd m ~~ Gnt-t (lnd ~ ai tense:., f\J b fuJ+-~ ~r

STATE OF TEXAS

VS. NO. 11/01-13103 *241 wmln\Qw DO(\-\-C{L U2.sUr ....... Date of Orders Minute Book ORDERS OF COURT PROCESS ~ Month D .. ~ Year Vol. Page a:{') ~~ VV\{)J/tev6 be/OO hOj~brd ~ ~(Lnr1DY lA'x'1S ad.\6U.rfU-cL,

C1

;. \ \ Y \3 6 o Yfse-rd- U)j"tOUI1'2>LQ fun~ 'B)avU~ Md J), C

,

C~SQI. SkUl<2 ~ l( 1111Clm~. af+-e..r u 'L0 If OLL(-t'lOOhl - Stctk O-Poeare d -th Y'tY\/lC\ h me E Itbn m~hl:S GIJ\.d

~/J

l/ mI. fred EdLCa.ms~ 'i)isCt-{S'Sio(l100s hL.i~ <nn sckedlA.-I,'",-~-d/llc..&.-. 0a 0_ r:. t.s(-(.'. R. US)~ f> {)res:Y1+ vJ} w-u(\~ PYanl< 61Clul< o.x\.d . ); lu\)liam ~ \ \ \Y ViGY' I Y\ 'Sl¢'.+e_C42oean?d i-'VH15VAh mr. ~ IW(l YY1Cl+nis OJ\.d ~tfuV'1-Yl5DtYI - mr. VYP6\ ~r1wClrclC; - A~ M~~f t/a4(/J'-l5'/JJ?<t..b7J!J r ~f wen rf<_ PI U(j ;-1 h rev(}yj .. 0bk) ;Xhfli;6 } If:'; If ~oJ/Hlfkrl /JAAj t:{fk ~It~ drSC[As.Yrii( S"k5 ~- vrm (/.k/&/4(" t;;vf -£I/k l1fe~cLw;; Li1{)kdi /0 J;?k'{~5 wdv ~ rCc£~/~ld ~L ~.fentr'M1 l1!cPtJe/ pt/lhi h 5if7fr9f pvt?-3 Jlewe/ --k A ~£ hfforr~~ CurriMt 4Y'e-/oA/ Mli /-hti/ ~k5 (#e ~#4'~fj ~e- k'Y~ pr~ tJl ~ &1 4~£'/

v

^[1] / ( '--- THE STATE OF TEXAS )( COUNTY OF WALLER )( L PATRICIA JAMES SPADA CHENE, Clerk of the District Courts o/Waller

FILED IN

County, Texas, do hereby certifj; that the record on Petition/or Writ of Mandamus to the 1st COURT OF APPEALS Court of Appeals for the First Supreme Judicial District of Texas, Houston, Texas, in HOUSTON, TEXAS Cause 01-14-00630-CR (Count l)and Waller County Cause No. 11-01-13703, styled IN

9/10/2014 11:28:00 AM

*242 RE: DOMINIQUE DONTAE LASKER, to which this certification is attached and made a

CHRISTOPHER A. PRINE

part, comprise a true and correct transcript 0/ all the matters and proceedings had and Clerk done in said cause, GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this 10th day of September, 2014. PatJ.Spadachene PATRICIA JAMES SPADA CHENE DISTRICT CLERK WALLER COUNTY, TEXAS By LL~:f,~

CLERK'S RECORD

(Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. OI-14-00630-CR (Count 2) Trial Court Cause No 11-01-13704 In the 506 th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. *243 INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONTAE LASKER Attorneys for Relator Frank Blazek

1414 11 th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State of Texas Attorney for State of Texasl Real Party In Interest Elton Mathis

Waller County District Attorney 645 1ih Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr. Court Reporter: Robyn Wiley

836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals For the State of Texas *244 301 Fannin Street Houston, Texas 77002 The 10 th day of September, 2014 PATRICIAJ. SPADACHENE

DISTRICT CLERK OF WALLER COUNTY, TEXAS Lc ~ ,Deputy By: -~:~)-----'--- Appellate Court Cause No. 01-14-00630-CR (Count 2) Filed in the First Court of Appeals at Houston, Texas

This the day of ' 2014. By ____________________________ ~,Depury FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 2) Trial Court Cause No. 11-01-13704 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER *245 PETITION FOR WRIT OF MANDAMUS CLERK'S RECORD, VOL. 1 OF 1 (COUNT 2) INDEX VOLUME PAGE Caption 1 Indictment Filed 0112712011 2 Notice of Place of Imprisonment And Request for Speedy Trial And Final Disposition 3 Filed 0711612012 Notice of Demand to District AttorneylProsecutor for Trial or Disposition of Warrants, lriformations, Detainers or Indictments by Federal Prisoner Dated 07102/2012 6 Motion to Dismiss for Denial of Constitutional Rights of Due Process and Right to Speedy Trial Dated 12113/2012 8 Letter to Elton R. Mathis, D.A., From Us. Dept. of Justice Federal Bureau of Prisions Federal Correctional Complex 15 Filed 02108/2013 Defendant's Pro Se Motion to Dismiss the Indictment or Iriformation Herein, or in the Alternative, Defendant's Pro Se Motionfor Appointment of Counsel at 23 Public Expense Filed 0411012013 *246 29 Scheduling Order - Criminal Dated 0512412013 Waller County Magistrate's Admonishment form Warning of Constitutional Rights Dated 0512412013 30 32 Returned Capias Instanter Filed 0512812013 Returned Served Precept to Serve 33 Copy of Indictment Filed 0512812013 34 Order Appointing Counsel Signed 0610412013 35 Order Appointing Counsel Signed 0610612013 Defendant's Waiver of Arraignment and Entry of 36 Plea of Not Guilty Filed 0711512013 Motion for Appointment of 38 Attorney as Co-Defense Counsel Filed 0711512013 Order Appointing Attorney Signed 0711812013 40 State's Motion for Discovery of

41 Expert Witnesses Filed 0813012013 44 State's First Motionfor Continuance Filed 0813012013 State's Motion for Competency 51 Examination Filed 0813012013 State's First Motion for 54 Continuance Filed 0813012013 State's Motionfor Competency

61 Examination Filed 0813012013 State's Motion for Discovery of 63 Expert Witnesses Filed 0813012013

65 Motion to Dismiss Filed 0910912013 Motion for Disclosure of 69 Favorable Evidence Filed 0910912013 *247 73 Standard Discovery Order Signed 0910912013

74 Scheduling Order - Criminal Dated 09109/2013 75 First Amended Motion to Dismiss Filed 1013012013 78 Scheduling Order - Criminal Dated 11/04/2013

79 Letter from Defendant to Court Filed 11108/2013 Copy of Letter from D.A. to Mr. 83 Blazek including Attachments Filed 11/18/2013 134 Scheduling Order - Criminal Dated 01108/2014 Defendant's First Motionfor 135 Continuance Filed 01/21/2014 139 Order Signed 01/2112014 Motion to Suppress Confession Filed 02/10/2014 140 Notice of Preferential Trial 144 Setting Dated 04/04/2014 145 Scheduling Order - Criminal Dated 04/04/2014 Agreed Motion for Transcription 146 Of Pretrial Hearings Dated 04/09/2014 148 Order Signed 0410912014 149 Order (Motion to Dismiss) Signed 07/02/2014 Motion to Dismiss for Violation Of the Interstate Agreement On Detainers 150 Filed 0711412014 Order Signed 0711512014 154 155 Attorney Fee Voucher Signed 0711512014 162 Notice to Prepare Reporters Record Filed 0910312014 *248 Designation of Items to be Included in the Record 164 Filed 0910312014 State's Response to Defendant's Motion to Dismiss Filed 0910412014 166 Court's Docket Sheet 210 Certification 212 THE STATE OF TEXAS COUNTY OF WALLER

*249 In the 506 th Judicial District Court of Waller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit:

1 st COURT OF APPEAL NO. 01-14-00630-CR (Count 2) TRIAL COURT CAUSE NO. 11-01-13704 CLERK'S RECORD VOLUME lOF 1 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER § I THE STATE OF TEXAS IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DO~QUE DONTAE LASKER 'v~J:;;Z;JunICIAL DISTRICT DOB: 03/21/1984 BIM *250 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 ofth 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury -1:- ~ ~~ COURT OF Waller ~UNa ~~.-(\ IN THE District ------- ff COy;f~ ----~--- [506 Dist 'ct] '6-- FOR THE STATE OF Texas '-=b.CJ.O -~~~-~--- a ~'~ , ...() .'.~ ~ ~~ ~ -f

Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRIS _, I ENT ~~D -~ REQUEST FOR SPEEDY TRIAL AND INAW Plaintiff, ) DISPOSITION ... Pursuant to ........ . ) v. (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) ) (~Co~n~s~t~i~t~u~tl~·o~n~,~A~r~t~.~V~I~,~§~l~O~ _____ ) )

*251 Dominique Dontae Laske~ CASE NO. 11-01-13703 979-826-8282 ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, D:m:i..rri.q..e Ihltae lasker-

1S

1. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December Defendant has a projected release date - - - - - - - , from federal custody on _A...;ug""-u_s_t _____ __ , 13 , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending this jurisdiction. Specifically: In 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

\. VlP Law Library Forms/NoticcSpeedyTrial-Detainer (Rev 91ll) 4. This Motion is based upon the Defendant's Sixth Amendmen.t speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. l'{orfh Caronna, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Afichigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

*252 WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, infonnations, charges. and/nr ('",.,,~1~:-"'- . .1

I \1.'~ i - i ') y \ \..... U I, ';"'"\ . l T

presently pending in this jurisdiction, within a reasonable period of time not·

I

/>-1 JO:(I(1;'

f':~ (lei. (:") Respectfully Submitted, ~. (\c", 'r\ \-\L CC \ ~~./ k Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 9203 I

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: lJiS1l"C ct /~ttorV\{. L{ DYto GI-"'~kc.d Su-i\-t. \ 1\e-h1P&"~CVlJ lX) 77LjLj-S

VIP Law Library Forms/NoticeSpeedyTrial-Detainer (Rev. 9/11)

CERTIFICATE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, this --lk- Victorville USPIFCC, at Adelanto, California, day of on jC-l..I{\LALlC'd ,20 12 . , with sufficient postage affixed. It would be ----~~~~~,---------- noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2). District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNTY

836 Austin Ct., Room 318 Heapstead, 1X 77445-4673

~i ~ =» ffiiTIique D ~Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Forms! Certificate of Service (Rev. 8/11) 5

NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR

FOR TRIAL OR DISPOSITION OF WARRANTS, rNFORMATIONS, DETAL'I"ERS OR

INDICTMENTS BY FEDER.\LPRISONER

Dominique Dontae Lasker

FROM:

ftT~~c~9£],TIStn'at~~iF!p f~~"F:::;~~~",~~.~~~~ Reg. No. 22867-298

t{) L\, b b~ S-k {L t- S:,u;, \ {.. \ United States Penitentiary Victorville FCC

l~ ~ VV\ ~ ~ y-t c.u1 T'" /7 Y 4S PO Box DOl{ 3900 Adelanto, CA 91301

Dear Sir/Madam: *254 I. I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca12ital Murder Charge # 11-01-13703 979-826-8282 Ca12ital Murder Charge # 11-01-13704 979-826-8282 Ca12ital Murder Charge # 11-01-13705 979-826 .... 8282

# 2. I am presently, a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Sou thern District of California, to a tenn of 121 months. My current projected release date from federal custody is August ,~, 20 ~ , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the delay in prosecution prejUdices my defense against these outstanding charges.

5. r have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions r would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially, Dated: ~\!7YR~:.~fk~~kJ~~ :~2l ~~~~w.z....b~-~

REQUESTOR

Authorizated by the ~ ODominique Don tae Lasker July 7, 1955, as amended, to administer oaths (18 U.S.C. § 4004).

WITNESS-PRISON STAFF MEMBER coprEs: ORIGrNAL TO DISTRICT AnORNEY, AND f-:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQL'EST TO COL'RT FOR DISMISSAL. ALSO: INCLL'DE DOCl'ME!,\TA TlON FROM THE C.-\sE M.":-IAGER/RECORDS REGARDNG THE II.'ARRANT/DETAl:-lER A!,\D IF POSSIBLE YOUR S~NTENCE MONITORING/DATA COMPUTATION PRI"'TOlT SHOI('I"G YOl'R PROJECTED RELEASE DA rE VIP Law Library FOnTIs/NoticeSpeedyTrial-Detainer (Rev 9/11)

VIPDO 542*22 * SENTENCE MONITORING 07-10-2012 * * PAGE 001 OF 001 * GOOD TIME DATA 14:45:23 AS OF 07-10-2012 REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE

ARS 1 ... : VIP A-DES

PLRA

COMPUTATION NUMBER .. : 010

PRT ACT DT:

FACL .. : DSC

CALC: AUTOMATIC LAST UPDATED: DATE.: 12-30-2011

UNIT . . . . . . . . . . . . . . . . : 6 A

QUARTERS ............ : F61-119L

DATE COMP BEGINS .... : 12-16-2011

COMP STATUS ......... : COMPLETE

TOTAL JAIL CREDIT ... : 412

TOTAL INOP TIME ..... : 0 EXPIRES FULL TERM DT: 11-29-2020 .sPRRENT REL DT ... " .: 10-G-6-=2-G.~ PROJ SATISFACT DT ... : 08-13-2019 TUE ", PROJ SATISF METHOD .. : GCT REL ACTuM SAIISFACl' Dr. :

.---- ACTUAL SATISF METHOD:

DAYS REMAINING ...... :

FINAL PUBLC LAW DAYS:

GED PART STATUS ..... :

*255 DEPORT ORDER DATED .. :

---------------------------GOOD CONDUCT TIME AMOUNTS---------------------------

START STOP MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED

DATE

DIS FFT AMOUNT DATE DATE DIS FFT

G0005

TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED 7

/I-DI~

13/04 MOTION TO DISMISS FOR DENIAL OF CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY TRIAL

THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS *256 OF THE SPEEDY TRIAL ACT OF 191~8 U.S.C. 3161-317~.

THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS

DUE PROCESS right UNDER THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROMPT INITIATION OF THE PROSECUTION, THE DEFENDANTIS RIGHT TO A SPEEDY TRIAL UNDER THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION HAVE ALL BEEN DENIED BY THE GOVERNMENTIS DELIBERATE AND PERSISTENT PATTERN OF oppressive AND PREJUDICIAL DELAYS IN THIS ACTION, ALL OFF WHICH HAVE COMBINED TO PREVENT THE DEFENDANT FROM ADEQUATELY PREPARING A DEFENSE AGAINST CHARGES.

THE RIGHT TO A SPEEDY TRIAL WAS DECLARED II FUNDAMENTAL II AND IMPOSED ON THE STATES BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH CAROLINA 386 U.S. 213,222-223

THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S) ( INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND MORE SPECIFICALLY ARE:

1. CAPITAL MURDER 11-01-13703 2. CAPITAL MURDER 11-01-13704 3. CAPITAL MURDER 11-01-13705

*257 3.THE DEFENDANT HAS DEMANDED A SPEEDY TRIAL ON OR ABOUT JULY 07 2012, ALL TO NO AVAIL. DEFFENDANT SERVED A NOTICE AND DEMAND FOR SPEEDY TRIAL OR FINAL DISPOSITION, PURSUANT TO TEX. CODE CRIM.PROC.ANN.ART.51.14

4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING, THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO RESOLVE THE MATTER.

5. BASED THEREON, VIRTUALLY ALL LEGISLATURES HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN ART 12.01 ET SEQ).

6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED

BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS *258 COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.

RESPECTFULLY SUBMITTED DATE: 'J-C)' \- li)../15 D;:;:d LASKER DATE: \'1 ~ ~O\\- STAFF SUBSCRIBED AND SWORN BEFORE ME THIS 12> DAY beL 20 11..- FEDERAL CORRECTIONAL COMPLEX, V:CTORVILLE, CA ~~r:~;;;:O COU:ITY ASS1MNAGER AUTHORIZED BY ACT OF CONGRESS JULY 7,1955 TO ADMINISTER OATH3 (TITLE 18, U.S.C. SECTIGJ 4004) liJ INTHE District COURT OF Waller COUNTY FOR THE STATE OF Texas [506 District] ----~~--~------ NOTICE OF PLACE OF D1PRISONMENT AND Waller County Sheriffs, ) Plaintiff, ) REQUEST FOR SPEEDY TRIAL A~D FINAL DISPOSITION ... Pursuant to . . . . . . . . . ) v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) (Constitution. Art. VI. § 10 ) ) *259 ) CASE NO. 11-01-13703 979-826-8282

Dominigue Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, D:mini.cp: D:nt:a= lBsker

IS

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 - - - - - - - , on December California Defendant has a projected release date from federal custody on _A-'ug""-u_s_t _______ . 13

, 20 ~. (see attached sentencing computation/data sheet). 2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending this jurisdiction. Specifically: In 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial. an in abs/enfia resolution be arranged. VIP L~w Llhrary FormsiNoticcSpecd} Trial-Detainer IRel 9i111

/I

I Y v f· L· 11 J G 4. This Motion is based upon the Dt:fendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop[cr v .. \'orlh 1/ 1 l.c.l ~ J ; 3 I )' I" L e. J )..;\ i I '6 ) Carolina, 386 U.S. 213. 122-213 (1967). A state is responsible for a defendant's speedy trial rights. even \vhere a defendant is held in federal prison. see: Smirh \' Hooe!" 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. *260 !llichiRan, 507 U.S. 43,113 S.Ct. 1088, 112 L.Ed.2d 406 (1993).

WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abste11lia. including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, infonnations, charges. anci/or ('f"I ...... ~J~:-.- presently pending in this jurisdiction, within a reasonable period of time not V" ",~ U \ s), ' ~-t

Respectfully Submitted,

~~ ~n~lIinique . tae La: /' Reg. No. 22867-298 &!'

United States Penitentiary

Victorville FCC POBox ~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

1 hereby certify that a copy of this document \vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS\('(C-t AHorV1tL{ D 410

G~'" ~ \(C.d Su.i\t: f\ eVVl p&'\ ao\.J 1 X. ) 77 YLj-5 Dominique Dontae Lasker VIP Law Library Forms:"'oliceSp~ed)Tflal-[)e(ainer t Rl'v 9.'/ I ) //--

(

( NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAI~ERS OR INDICTMENTS BY FEDER<\L PRISONER Dominique Dontae Lasker j rQ-ifQffi9001T;mtff;.f.:l:&ttwneVi<.· ... FROM: f:~i.~~~~·...f ~~-~-.~.:; .. ~.il~_I';,~~~.4 :~~n '.:;':i=.i'f~~ ~~ft:':"'L:i#

Reg. No. 22867-298 "L6~'6 If' S \{ U t- ~i \ (. \ United States Penitentiary Victorville FCC

He.(V\~~r{uJ. T'1-. 17'i4S' PO Box JJOR 3900 Adelanto, CA 92301

*261 Dear Sir'Madam: I. I have been informed that I have the following outstanding warrant(s). indictment(s), or complaint(s} under the following case numbers, issuing from your jurisdiction: CaQital Murder Charge # 11-01-13703 979-826-8282 CaQital Murder Cha~ # 11-01-13704 979-826-8282 Cal2ital Murder Charge # 11-01-13705 979-826-8282

# 2. I am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California, 3. I was sentenced in the United States District Court for the Southern District of California, to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain r~~.!illi!ali~J~r.O£.rams. I rema~~c1assitication category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to in~'oke the statutes. rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (f ]0) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially, D,,,d ~~~Et~O~f~lvdk'-~~!~~~'~~RE~Q~l~'ES~T~OR ,July 7, 1955, as amended, r. Dominique Don tae Lasker to administer oaths (18

WITNESS-PRISON STAFF ~fE\fBE~·S.G. § 4004). corlES: ()RI(;INAL I n DIS rRICT A rruR.'iEY. ·\.'';D KEEP (op\' FnR OW\; R.E<·I.IRIJ~ 10 fiE I <;ED 1\ I rll REI)I.P; r TO ('Ol'R T FIIR DIS.\I/SSAL ALSO: L'I('f I'DE '\tF.'\ L\ Ilfl' I fU ).\1 I HF C·\.'F \·f..\'i ·\GFR. REI 'OR DS REI; ·\Ri)!'I(; I!IE ". \RR V, I !)F r '11'11 R 1'1) If PI ",IHI I: YI)I'R <;1.::'; rr:'<I"F ,llcJr-.n, lRf.'\·(iT), r·\ l)ll( I. Cl1\frt J -\ I h)~ Pf.'f.'< i I H. r ~!I(}V. 1'.(, 'I r){ "R PRI liFe r 1-:(') I-l.fl F -\."if· n.1. rr VIP Law Llbrar) F,mnsINLlticeSpced} Trtal·Detamer (Rev 'i.' I I )

13 ( CERTIFICA TE OF SERVICE I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: *262 speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, this ~ day Victorville USPIFCC, at Adelanto, California, on of _____ <Y~~(A~O~~~·~\+(--------, 20 , with sufficient postage affixed. It would be

12 noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 2).

1) . District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNIY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~5 ~~ ~ iIlique ; Lasker oc:::: Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Forms! Certificate of Service (Rev. gil 1) u.s. Department of Justice Federal Bureau of Prisons '.J •.. In c:

.. ~ [ . , :q .... \ _ - Federal Correctional Complex Office of the Correctional SY(5t'~ Victorville, California 0:"""1; ~~.- : - . i-HI-I--..~ January 31, 2013 *263 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV (a), which expires on (DATE Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving StateN (BP-A564) and originals of the IAD Form V (BP-568) and lAD FormVI (BP-565). The persons desLgnated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

Page Two

RE: Las ker, Dominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above *264 named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, helshe will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((lU~ /sl D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator It;;

\~

BP-S235 (51) IAD -NOTICE '-'1" UNTRIED INDICTMENT u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INMATE NAME:

FCC VICTORVILLE COMPLEX

LASKER. DOMINIQUE DONT AE 22867-298 Pursuant to the Interstate Agreement on Detamers Act, you are hereby mformed that the followmg are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

*265 You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or or ere suc e Ivery. d d hdl' Linda T. McGrew,

DATE: NAME AND TITLE OF Complex Warden

CUSTODIAL AUTHORITY

Charles E Samuels Jr.

August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

INMATE SIGNATURE

DATED: Original Inmate Copy: J&C File

Centrallile /) BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM

FEB 94

U.S. DEP ARTMENf OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

. ELTON

R. MATHIS WALLER COUNTY, TX Court: Jurisdiction: *266 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for fmal disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my tenn of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(51), Certificate ofInrnate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30,2013 LASKER, DOMINIQUE DONTAE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. Address is: (Street, City, State, Zip Code) A. My Counsel is (give name)

L ____ _

Vrequest the Court to appoint Counsel. (Irunate's Signature) Record Copy· State lAD Administrator; Copy· J&C file; Copy - Central file (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy - Clerk of Court (Mail Certified Return Receipt) /~ BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS CDFRM FebnIIry 1994 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE

COMPLEX

*267 Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tenn of commitment under which the prisoner above named is being held:

121 MONTHS

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: Name and Title of Custodial Authority By: (Chief Executive Officer) Charles E. Samuels Jr. Linda T. McGrew, Complex Warden 1/30/13 Director, Bureau of Prisons ((j..i).u.-- l{' D. Wren Correctional Systems Specialist Record Copy - State IAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

lAD - OFFER TO DELIVER TEMPORARY CUSTODY

BP·S239.0S1 CDFRM February 1994 U.S. DEPAR~NT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30,2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX *268 And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONTAE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the indictment, infonnation or complaint which is described in the attached inmate's request dated: September 27, 2012

The required Certificate ofInmate Status is enclosed. dated: January 30, 2013 Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. Name/Title Custodial Authority: By: (Chief Executive Officer) Institution & Address: 'r~~n

Charles E. Samuels Jr. FCC Victorville - USP P.O. Box 5400 Director Correctional Systems Specialist Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden

lAD I STAT!: WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02

BP-S565.051

U.S. DEPAR~NT OF,JUSTICE FEDERAL BUREAU OF PRISONS

This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298 via X LAD __ State Writ (check one), and do hereby agree to the following conditions in connection with the request for custody of said inmate. *269 Conditions a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of security required by Bureau of Prisons Policy.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be confined during legal proceedings. 2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal custody: 4. Name and phone number of the state agency, specific name of agent(s) who will transport the inmate at direction of the court and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or the USMS, will be transporting the inmate for the state. 5. Need for appearance of inmate and nature of action. 6. For State Writ cases only (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and

phone number of clerk of the court. b. Reason production on writ is necessary and reason another alternative is not available (for civil cases). Date 7. Signature and Title of Prosecutor Subscribed and sworn before (Date) : ____________________________________ _ 8. Signature of Notary Public Date

Original - J&C File, Copy - Central File This form replaces BP-S565 dtd FEB 94) PAGE 02/03 RECORDS '89/05/2012 08:35 7G05( ~ lAD I'ORM V - REQUEST FOR TEMPORARY CUSTODY CDFRM MAULLO FEB 94 BP-S568.051 0. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Six copies. Siqned copiea M1J6t be sent to the pr:isoner and to the offiCial who has the pr.iZloner in custody. A copy should be sent to the Aqreement Administrator of both thQ sending and the receiving ~tate. Copies 5hou.ld be.retained by the person filing the reque"t B.nd the judge who signs the request. *270 E'riOJ: to transfar 1.1nder this A9reement, an Inmate may be afforded a Ju.dicial hearing (Cuyler) similar to that provided und€r the Uniform Extradition ~ct, in which the inmatQ may bring a limited challenge to tne rec~iving etate's request.

Raqu •• t for Temporary custody To: (Warden-Superinten~ent-D~rector) - Ins:ituti~n and Address ~ VI\J;t;c-f S+",t...s ?el",{~~frA~J Vlc.tol1v'dle- r.CC,; "P.o, .Bo)(.3C10~ A:DeL(~r.;zJ~)o~ Please be advised that (Name of Inmate) »OMI i\J J q LA Ii ::PONt At: Lt=\S KeJ2...12J('f'- 2.'iI, who i y an inmate of your institution, is under (indicate appropriateJ

indictment J , . I riFlfemation) the (Jurisdiction) (eemplal:nt) in .... 1 Ll. \.0 ~ IleV' COCAlvly 1-e'lJ45, of which I am the (Title of Prosecutin9 <5 DiSiV1,'~f ft H OY2..}V{! Officer) Said inmate is 1_ therein charged with the offens s) enumerated below:

Il - '? Off.nae (s) I CP ('p.yi-\-~l Ml.4vt:>ev- 1\-01- 13 =r03o/(;~flit ... 1 J~v~~11-01-131otf-~ ~I I propo~e to bring this perGon to trial on th e [indicate appropriate) [~a~.~t) within the t~e specified in Article IV(c) of the Ag~eement. In order that proceedings in this m~tter may be properly had, r hereby rQque~t temporary CUGtody or such per$ons pursuant to Article Ivle, of thm Agreement on OQtDinere. Attached herewith find in triplicate: ". Certifier:! copies of the complaint, information or indictment b. Certified copies of the warrant c. Certifiefj copies of f:.i.nqerprints, pn.otograph.!l Or physical desc:c;i.ption I llereby agree that inunediately aftEir trial is completed in this jurisdictio'n, I will return the prisoner direetly to you 0: allow any juriediction you h,ve dQsiqnated to taka tEmporary custOdy, I aqree cl$o to co let. Form IX, The Notice of Ois osition of ~ Detainer, immediatel after trial.

Ti tIe I J)is t..,,'c ..... :\ Printed Name and Si9nat ur Date '= \ ~ON R. V\ r..t~~.s

IHi OV7 NoV Jl~ 1 20 CQ.i\\,.\INA.

"1=J44S;-

Address: City/State: Telephone No.: \-\-eV\A.ps'be<=<\J IT~xJt5 q:rq - g2v ..... ~4 S It:l..tJ,...S+-(~e.--+ -=1-=1 IS I hereby eertify that the per$O~ whose signature appears above is an appropriate officer within ·the meaninq of A~ticlc IV(aJ and that the facts recited in this request for tempora CU8tody are correct and that. having duly recorded said reql,lest, I hereby transmit it ~or 8ctj(on in cordance with i t . term and the rovisiona of the Agreement on Detainers. (

Judge's Printed Name and Sign~ture Date fVo V ;It.,J 20' P\ I b~V'\ M. ~cC~\ Court S D (P t-\.... ::J \.A.- 0 \' C " .4.. \ ( h ' f b 1'." Telephone No. We.. l \~ Cou.-. -t Lv t1"1 q21-0'11~ t M Me' J '.\i'b Po rep located via WP) . . ". ~ T loS or.m may . . \\ . t!r . I C BIg, r. '~_ *~. Judge, 506th~Judicial District Court ' .. , . ' Waller and Gnmes Counties, Texas " :,~ -

ZQI3(':'R':J r'~3'')7 1 f j i J d • d \ ; . ; 2 :lV~ " .

DEPUTY --..

*271 3 4 5

IN THE DISTRICT COURT OF WALLER COUNTY FOR THE STATE OF TEXAS 6 (S06th District) 7 8 979-826-8282 No. 11 - 0 1 -13 7'03

)

9 STATE OF TEXAS,

979-826-8282 11-01-13704 ) 979-826-8282 11 - 0 1 -13 705 ) Plaintiff, 10 )

DEFENDANT'S PRO SE MOTION TO DISMISS THE INDICTMENT OR

) vs. 11 . )

INFORMATION HEREIN, OR IN THE

) 12 DOMINIQUE DONTAE LASKER,

ALTERNATIVE, DEFENDANT'S PRO

)

SE MOTION FOR APPOINTEMENT OF

13 ) Defendant.

COUNSEL AT PUBLIC EXPENSE

-----------------------) 14 MOTION 1. 15 COMES NOW pro se Defendant DOMINQUEDONTAE LASKER, without 16 17 the assistance of counsel, and moves tnis court for an order to 18 dismiss the indictment or information filed against him in the 19 above entitled action. 20 This motion is based upon all of the files and plead~ngs in 21 this case as well as the attached declaration of the Defendant. 22 23 24 25 DEFENDANT'S MOTION TO DISMISS - P~ge 1 26

II. DECLARATION OF DEFENDANT

2 DOMINIQUE DONTAE LASKER deposes and states as follows: *272 3 (1) I am the defendant proceeding pro se herein, I am over 4 the age of 18, and competent to testify in a court of law.

S

(2) I have knowledge of the facts contained herein, and I 6 make this Declaration in support of my motion to dismiss, and in 7 the alternative, my motion for appointment of counsel. 8 (3) I am currently serving a sentence in Federal custody 9 in the United States Penitentiary at Victorville, California.

(5) My notice was directed to the District Attorney at the District Attorney's Office, 846-6th Street, Suite #1, Hempstead, TX, 77445. (SEE Exhibit 1, attached herein)

(6) Since the filing of this request, the State of Texas has made no attempts to have me returned to that jurisdiction to be able to face my charges, and present a defense to these allegations.

(7) More than 180 days has elapsed since the filing of my notice to the Office of the District Attorney, and they have made no efforts to resolve this matter.

25 DEFENDANT'S MOTION TO DISMISS - Page 2 26

1 (8) I believe that any opportunity for me to have a fair 2 trial is gone due to the passage of time, and the memory fading *273 3 of any and all witnesses that I may call in my behalf. 4 (9) I believe that the longer it takes for me to get to a 5 trial will hinder my ability to present a defense, because I may 6 not be able to contact my witnesses, and gather information to 7 assist with proving my innocence. 8

(10) I am currently indigent, and proceeded indigent at my 9 federal trial. I cannot afford to pay for counsel. 10

(11) I am asking the court to appoint counsel for me at 11 public expense, so that my rights my be properly protected herein. 12 Under penalty of perjury, under the laws of the State of Texas, I declare that the foregoing is true and correct. this ~ day of Apt \ \ 2013. DATED 25 DEFENDANT'S MOTION TO DISMISS - Page 3· 26

, IN THE Dis t ric t COURT OF Waller COUNTY FOR THE STATE OF Texas [506 District] ----------~------ *274 NOTICE OF PLACE OF IMPRISONMENT AND Waller County Sheriffs, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuan t to ........ . Plaintiff, ) ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) v. ) (Constitution, Art. VI, § 10 ) ) ) CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, D::minicp: D:ntre Iasket- is currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further· show:

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December

------------, ----,------ Defendant has a projected release date --------------, from federal custody on __ A--'ug""-u_s_t ________ _ _13"---__ , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending this jurisdiction. Specifically: ^[10] 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial, an in abstenfia resolution be arranged. VIP Law Lihrary FonnsfNoticcSpeedyTrial-Detainer (Rev 9/11)

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause or the Fourteenth Amendment. Klopfer v. :\'orrh Carolina, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights, *275 even \V'here a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Michigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

o jl tJl("~·'\.) presently pending in this jurisdiction, within a reasonable period of time not {' .. -v . -'I ;Ac\{l (:, i

J

Respectfully Submitted, ~z ~ tae Lat . / ' V""n~~minique £!

Reg. No. 22867-298

United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document \\:as mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: D\S1f-c e-t /~-ttO(V\{. L{ ~ Lt~ G~ ~'( cd SLLi\'t- \ 1\ eVV\p&.~ cV\.J 1 x.) '77 <i~.5

Dominique Dontae Lasker VIP Law Library Forms/NnticeSpeed) Trial-Detainer (Rev 9.'111 alternatively, that you submit request for temporary custody to the federal bureau of prison authorities. oursuant to the requirements of applicable statutes for '.,terstate Agreement on Detainers ClAD").

l Cordially,

REQUESTOR

Dontae Lasker Authorizated by the Act of *276 July 7, 1955, as amended,

-W-ITN-E-SS-.-PR-IS-O-N-' S-T-A-FF-M-E-!\,-1B-E+>Jp .......... a ..... dh-rni nister oaths (18 U.S.C. § 4004). COPIES: ORIGINAL ro DISTRICT A ITORNE\', A!'ID KEEP COpy FOR 0\\':-1 RECORDS TO BE I:SED WITH REQL'EST TO COL'RT FOR DISMISSAL. ALSO: I!'lCLl:DE DO( I:\·IE!'ITA 1101': FRuM rHE CASE \1ANAGEIVRECORDS REGARDNG THE WARR .... NT.'DETAINER A:-ID If POSSIBI.E YOL'R SE:-iTE:-ICE MONITORINGIDA fA CO~1Pt.:T'" TIO:-; PP.I'TOL"T ,HOWI~G V()L'R PROJEFTEO RH EASE OA rE VIP Law Library FonnsfNoliceSpeedyTrial·Detainer (Rev 9!J I)

, ( \

Cause No. 11-0 / --- / ?f70 3 /31cLj- *277 § STATE OF TEXAS IN THE DISTRICT COURT J '3 r;[)S

§

§ v. WALLER COUNTY, TEXAS § -fer § 506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 9:00 a.m. 1. ARRAIGNMENT 2. 10:00 a.m. MOTIONS & PLEAS

All parties and Counsel shall be present and prepared to discuss all issues allowed under c.c.P., Art. 28.01. .

3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before lO-days before Pretrial Hearing Date all c.c.P., Art. 28.01 matters must be filed or will be considered waived. 5. 10:00 a.m. PRETRIAL HEARING

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to a.i ury.

At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities. 6. 9:00 a.m. JURY TRIAL Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ _ 5J----"'d-~~---'----').....:3=---, replacing prior Scheduling Orders. Counsel for State Counsel for Defendant Defendant's Signature

ALBERT M. McCAIG, JR., Judge Presiding !Iv

I

Gold--Defendant's Attorney Pink --Defendant Copies: White--Clerk YeJlow--State i I~ 0 ) -13, OtJ WALLER COUNTY MAGISTRATE'S ADMONISHMENT FORM *278 WARNING OF CONSTITUTIONAL RIGHTS This is to certify that the undersigned magistrate did, 24th day of May, 2013 at 2: t{-g a.m.lp.m., administer the following warnings to: NAME: LASKER, DOMINIQUE DONTAE DOB: 03/21/1984 AGE: 29 8.8#: 460·69ft7231/ D.L.II.D.#: TX·02477217 Address: 24875 PRIELIPP ROAD

WILDOMaR CA 92595 f I e. b ""r Phone: 760·508·9212 BljSINESS NAME AND PHONE: (V) 1. You are charged with the offense of MURDER. An affidavit, or complaint, charging you with this offense (bas) EMe Bet) been filed with the appropriate court. (..JJ 2. You have the right to remain silent, the right to have an attorney present during any interview with Pffice officers or attorneys representing the state, and the right to temtinate that interview at any time. (J) 3. You are not required to make any statement. Any statement made by you may be used against you in c<f1rt. (J) 4. You have the right to retain or hire an attorney. If you are unable to employ an attorney, you have the right to request the appointment of an attorney by completing a financial assessment fonn. This fonn is available for you to complete at this time, and assistance in filling out the fonn is available if necessary. You

be ordered to reimburse the cost of that attorney if you are found guilty of the offence. ( . . ~ ( 6. Are you currently out of jail on bond on any other charges? Yes o~circle one) Charge: County: ____ --,-...~--~ ( 7. Are you currently on probation or deferred adjudication? Yes No (circle one) ( . Are you currently on parole? Yes 0 0 (circle one)

9. Are you requesting the apPOintm~f an attorney at this time. Yes r No (circle one) ( 10. Are you a United States citizen Yes r No Ifno j Do you want us to contact your consulate? Yes or No (attach correct p erwork) .

~bn;,~;r ta~A~ ~aglstrate S Signature

XFitl Official Title The Magistrate determines that the defendant (does/ti"f.I_). __ _ ~ speak the English language. The Defendant (i&«' is not) deaf. Interpreter (If needed) Name: __________ _

Address: __ ~ ______ _ Phone:,~ _ __ _______ date: ____ Time:----

BOND AMOUNT

CN<it Dete~ __ ~_-_ --natl Dem~-

3 0

Cause No. 11·01-13704

*279 THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER 506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

CAPIAS INSTANTER

TO ANY PEACE OFFlCER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so tbat you have bimlher before tbe Honorable 506TH District Court of Waller County, Texas, at the Courtbouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing bim with MURDER, a felony.

HEREIN FAlL NOT, but make due return bereofto this Court fortbwith, showing bow you bave executed the same. Witness my hand md seal of office, at Hempstead, Texas, this 27th day of January, 2011.

PATRICIA JAMES SP ADACHENE

:~LER COur:~lXAS

~ard, Deputy

SHERIFF'S RETURN

CAME TO HAND the 2.1.. day of lit trl ,tal} , at I o'clock L.m., and executed by arresting ...J?.';.tQ.yq; 18.1",6"1< At V{c.f."",·/Ic. ~ e

,in County, Texas, and placing himlbe~ in tbe Waner County Jail on the 1..9 day of_-=-,..,~fltr--,-I ___ __ _ U"). .' miles in the service of tbis writ, in I actually and necessarily traveled addition to any other mileage I may have traveled in the service of other process in this case during tbe same trip.

('11t"n S"'I'+h , Sberiff FEES: Making Arrest WfH/.g. County, Texas Mileage miles Taking Bond Br.?jj6eCC Commitment

D llty 3/ Cause No. 11-01-13704 *280 THE STATE OF TEXAS VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

BlacklMale DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COlVlMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

Ft~ Haggard, Deputy SHERIFF'S RETURN CAME TO HAND the 21.. day of M ttl ,'Z.D13, at I o'clock ~.m., and executed by arresting POW,'",ov(C" IIJ.sKtf/( \J : ~ ~ pf v ,'lIra ~ A , in At County, Texas, and placing 1.. 'I day Of_--.:.N-:....:.~---'-' ______ , him/her in the WaIter County Jail on the

to':) I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

(,llttl\t"\ S ~ i+h , Sheriff FEES: Making Arrest Mileage ___ miles W "'"~ i2 . County, Texas Taking Bond Commitment

3:4 Cause No. 11-01-13704 *281 THE STATE OF TEXAS VS. 506TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER

PRECEPT TO SERVE COPY OF INDICTMENT TO THE SHERIFF OF WALLER COUNTY - GREETING YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE LASKER, the defendant in Cause No. 11-01-13704, wherein the State of Texas is Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the accompanying certified copy of the original indictment charging himlher with MURDER now on me in said Court.

HEREIN FAIL NOT, but of this writ make due return as the law directs. GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of

January, 2011. PATRICIAJAMESSPADACHENE WALLER COUNTY, TEXAS By:~,[t-,/

Fr'agglrd, Deputy SHERIFF'S RETURN , 2J)IJ, at ~ CAME TO HAND THE z.~ day of MA'[ o'clock $. M. and executed by delivering the accompanying certified copy of Indictment No. U-o/-ID:/Ito C/ONIVlfl, U(;"

LI1\.s.{t;~ . , the o'clock ~.M. on the l.L day of M A )I defendant herein, in person, at , z·', GLENN SMITH, SHERIFF WALLER COUNTY, TEXAS BY: ~~

Deputy

Cause No. 11-01-13704

STATE OF TEXAS § IN THE DISTRICT COURT OF *282 § WALLER COUNTY, TEXAS v. § § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Offense: CAPITAL MURDER The defendant having made application to the Court for the appointment of an attorney, and the defendant represented through an affidavit or testimony or information received of indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this cause of action.

Therefore, the Court hereby appoints:

REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 4, 2013. ALBERT M. McCAIG, 506 th Judicial District

orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Defendant % Waller County Jail

Cause No. 11-01-13704 § IN THE DISTRICT COURT OF STATE OF TEXAS *283 § v. § WALLER COUNTY, TEXAS § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Therefore, the Court hereby appoints: Frank Blazek Attorney at Law 1414 11th Street

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 6, 2013. orig: . Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Defendant % Waller County Jail

CAUSE NO. 11-01-13704

*284 r-..' = - ( I -= - IN THE DISTRICT ~OURrOF~: ~-::-

THE STATE OF TEXAS § VS . : WALLER COUN~I TE~j\S~;~E

506TH JUDIC~STruCT· :7-~ u DOMINIQUE DONTAE LASKER § ---'-~ ~:~ ~~~-~ DEFENDANT'S WAIVER OF ARRAIGNMENT - AND ENTRY OF PLEA OF NOT GUILTY TO THE HONORABLE JUDGE OF SAID COURT: Comes now DOMINIQUE DONTAE LASKER, Defendant herein, by and through his attorney of record, FRANK BLAZEK, and submits this his Waiver of Arraignment and Entry of Plea of Not Guilty.

Defendant herein waives 'the arraignment required. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

PAGE 1 C;\FB\CRIM_K-O\J,Askcr.DD.R I07S\II·OI-13704\Waiver of Arraignment.wpd

*285 Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Waiver of Arraignment and Plea of Not Guilty has been forwarded to opposing counsel on this the /,;}~ day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite 1 . Hempstead, Texas 77445

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

PAGE 2 C:\FB\CRIM_K-O\LAsker.DD.81075\II-OJ ·13704\WAivcr of Arraign~enl.\' .. pd

,

*286 \

CAUSE NO.1 1-01-13703 -~~S ....... • ':"""'j " . CAUSE NO. 11-01-13704 '-- --::-.'

CAUSE NO. 11-01-13705

, . . . . . : I · .. IN THE DISTRICT COURT-OF THE STATE OF TEXAS §

-J

§ VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT § MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant, DOMINIQUE DONT AE LASKER, by and through his court-appointed counsel, and moves the Court to appoint an attorney to assist as co-counsel in the defense of the above-referenced matter, and in support thereof would show the Court the following:

(I) The Defendant has been charged with Capital Murder and Murder (2 counts). (2) The undersigned counsel was appointed by Judge McCaig on June 6, 2013, to

represent the Defendant. The State has not indicated its intent to seek the death penalty. If convicted, (3) Defendant could be required to serve as much as life in prison. The case appears to be complex. Based on preliminary information from the prosecution it is expected that evidentiary issues likely to arise include: (l) custodial interrogation of the Defendant; (2) mental health problems suffered by Defendant; (3) extraneous offenses; and (4) D.N.A. It is necessary for the undersigned counsel to have the assistance of an attorney as co-counsel to adequately represent the Defendant.

MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL

PAGE 1 C:\FS\CRJ M _ K·O\LaskeT. DD.S I 075\,Vlolion fOT Co-Defense Counsel.OO I . "'I'd

(

*287 (4) The undersigned counsel has conferred with William F. Carter, State Bar No. 03932800,108 E. William J. Bryan Parkway, Bryan, Texas 77803-5334, 979-779-0712, who has indicated his availability and willingness to serve as co-counsel. William F. Carter is an experienced and competent crim'inal defense attorney.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that this Honorable Court will appoint William F. Carter as co-defense counsel in the above-referenced matter. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Tel

I) By __________________ __ Frank Blazek State Bar No. 02475500

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motio,,! for Appointment of Co-Defense Counsel has been forwarded to opposing counsel on this the ....:.'-",d-Th,--_ day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite 1 Hempstead, Texas 77445

Frank Blazek

MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL

PAGE 2 C:\FS\CRIM-,(.O\Lasker.DD.81 07S\Molion for Co· Defense COlln5Ol.OO I."'pd

*288 CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E XA S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER APPOINTING ATTORNEY

BE IT REMEMBERED. that on the ~~ay of ,2013, came on to be considered the above and foregoing Motion for Ap' ointment of Co-Defense Counsel. After consideration of the same. it is the opinion of t e Court that Defendant's Motion be:

K GRANTED, and WILLIAM F. CARTER, an attorney found by the Court to be competent, is hereby appointed to represent the Defendant as co-defense counsel until the trial of this case is concluded. or until released by written order of this Court.

() DENIED, to which ruling the Defendant excepts. SIGNED: JV--. 7 I~ flo/ ~

C\FB\CRJM_K.Oli.-'1sker.DD.81075\Molion for Co· Defense Counsel. 00 I."'pd *289 11-01-13703, 11-01-13704 and 11-01-13705 o IN THE 506th DISTRICi ~ THE STATE OF TEXAS § ~.~ ~

v.

COURT OF N .0 DOMINIQUEDONTAELASKER § WALLER COUNTY, TEXAS STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the undersigned district attorney of Waller County, Texas, in the above- entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following:

1. This motion is filed under Article 39.14 ofthe Texas Code of Criminal Procedure. 2. This motion requests the following infonnation which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

Elton R. Mathis District Attorney Waller County, Texas

NOTICE OF HEARING

*290 Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on septemb~O p.rn. Elton R. Mathis

CERTIFICATE OF SERVICE

tonR. Mathis ~ *291 No. 11-01-13703, 11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT

VS.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that such motion be, and hereby is, GRANTED as to those things requested. It is further ordered that the attorney for the defendant furnish counsel for the State the requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code a/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED this the ___ dayof ________ ., 2013.

Judge Presiding *292 11-01-13703,11-01-13704 and 11-01-13705 ,...., :::: - '0

OJ

c...,) ,_ :P -< c:::I

:::- § f"1{/) THE STATE OF TEXAS IN THE 506th DISTRICT c:: :;0-1 G") n:::O"TJ w ~(-)r

v. ^[0] z-lfTl COURT OF § -Ina --<, -0

-:;:: - f"Tl -1:::0

~ M:;::r;. DOMINIQUE DONTAE LASKER § WALLER COUNTY, TE ;< N ;.> co

(.,.'"

STATE'S FIRST MOTION FOR CONTINUANCE

Now comes the State of Texas, by and through her Waller County Crinrinal District Attorney, Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article 51.14 of the Texas Code of Criminal Procedure and would respectfully show:

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On infonnation and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

4. The Defendant was returned to this jurisdiction on the above numbered and styled *293 causes on or about May 24,2013. The Defendant appeared before this Court for the first time on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases.

The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th, 2013. The Defendant waived arraignment and entered a not guilty plea on July 15 th , 2013. The Defendant requested and was granted additional counsel on July 18 th, 2013. No discovery of any kind has been requested by counsel for the Defendant until

counsel met together at the District Attorney's Office on August 28th, 2013. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. No motions have been filed by counsel with the exception of a request for additional counsel. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's file. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. 15. On or about June 12, 2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting *294 that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

*295 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or anytime in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas and! or Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C Misdemeanors and Capital Felonies. The detennination of when a case is ready for trial is in the province of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II.

This Motion is made in the interest of justice and not for the purpose of delay, but so that justice may be done. A continuance is requested for only as long as is necessary. THEREFORE, PREMISES CONSIDERED, the State of Texas prays thatthis Motion be granted and this cause be set at a later date. 47

v~,J.J.I.I~~ubmitted,

*296 onR. a s

Criminal District Attorney Waller County, Texas

TBN 24014568

645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX)

NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m. ~ Elton R. Mathis .....

CERTIFICATE OF SERVICE

~~ *297 11-01-13703,11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

~ Elton R. Mathis Given under my hand and seal of office, this the~y of-, o...L~-:pc;.' .,,:;-.it. --fIP'l-+-r-I-.' 2013. J'Ioi.Ol:aD.l'-1"'ublic in and for Waller County, Texas

*298 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT § COURT OF V. DOMINIQUEDONTAELASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthennore, this cause is set for trial on -------------------------

Judge Presiding *299 No. 11-01-13703, 11-01-13704 and 11-01-13705

CD

-< §

THE STATE OF TEXAS IN THE 506th DIST o VS. § COURT OF ~ c: - I -0

DOMINIQUE DONTAE LASKER § WALLER COUNTY, XA~ 1 •• " N

u:>

STATES MOTION FOR COMPETENCY EXAMINATION

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11, 2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing.

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

3. The Defendant in correspondence made during his incarceration in California made statements to the effect he feels there might be something "wrong" with him and he wanted his wife to check on the internet with the "Veteran's Court."

5. The Defendant during a Court appearance before this Court .5/

demonstrated in his demeanor a lack of understanding of the

*300 proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. Respectfully submitted, a s District Attorney Waller County, Texas SBN: 24014568

ORDER

THIS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: --------------------

Judge Presiding

NOTICE OF HEARING

*301 Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m.

CERTIFICATE OF SERVICE

Elton R. Mathis 63

11-01-13703, 11-01-13704 and 11-01-13705

*302 < J:> , co r-.:I -< ~ ,es ~ :l> r-'lCi} c:

;::::l-t

G)

§ IN THE 506th DISTRI THE STATE OF TEXAS ("")::::J"Tl w onr 0

5:-tfTl -tC"":la v. -u -<, § COURT OF ::!l: • fT1 ..

-1::0

N ;T\:A I X WALLER COUNTY, TEXAS 0

DOMINIQUE DONTAE LASKER §

.;:- ~ (/')

STATE'S FIRST MOTION FOR CONTINUANCE

Now comes the State of Texas, by and through her Waller County Assistant Criminal District Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code o/Criminal Procedure, and as allowed by Article 51.14 of the Texas Code o/Criminal Procedure and would respectfully show:

1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11,2010 in Waller County, Texas. The indictments were signed on January 27,2011 after a lengthy investigation.

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

4. The Defendant was returned to this jurisdiction on the above numbered and styled , *303 causes on or about May 24, 2013. The Defendant appeared before this Court for the first time on June 4th, 2013 and this 5. Honorable Court appointed counsel from the Regional Public Defender for Capital Cases.

6. The Regional Public Defenderrefused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th , 2013. The Defendant waived arraignment and entered a not guilty plea on July 15 th 7. , 2013. The Defendant requested and was granted additional counsel on July 18th, 2013. 8. 9. No discovery of any kind has been requested by counsel for the Defendant until

counsel.

12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. To the knowledge of the undersigned attorney there has been no request to see and 13 . inspect the State's file. . 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense coUnsel was requesting

55

that the case be put on hold pending time for Frank Blazek to assemble a mitigation

*304 packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

, presence. 17. The Defense has not yet designated the expert witnesses it expects to call in their case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts.

18. The State has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. The undersigned attorney is scheduled for hip replacement surgery on September 3 rd 19. , 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the undersigned attorney would be able to try The State of Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the office other than the elected Criminal District Attorney would be a hardship.

*305 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or anytime in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code o/Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the providence of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II. Respe

~~/ Frederick . Edwards C/ Assistant District Attorney Waller County, Texas

TBN 06435100

645 1ih Street Hempstead, Texas 77445 (979) 826-7718

(979) 826-7722 (FAX)

*307 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

BEFORE ME, the undersigned authority on this day personally appeared Frederick A. Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of e facts relied on for the Motion and that the statements therein contained are true and correct the bes his knowledge. Given under my hand and seal of office, this the __ day of _ _ _ _ _ _ , 2013.

Notary Public in and for Waller County, Texas

11-01-13703, 11-01-13704 and 11-01-13705

*308 THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthermore, this cause is set for trial on ------------------------

Judge Presiding *309 ( No. 11-01-13703, 11-01-13704 and 11-01-13705 ~ - c,..o.) THE STATE OF TEXAS § IN THE 506th DIST :t:"" C G"J

o v.> § VS. COURTOF ~ 0 -0 - I -< ::r:

DOMINIQUE DONTAE LASKER § WALLER COUNTY, T \ XA~ \ <::) i ~

STATES MOTION FOR COMPETENCY EXAMINATION

C011ES NOW, the State of Texas, through the undersigned Assistant District Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges.

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11,2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing. ,

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

5. The Defendant during a Court appearance before this Court IRI *310 demonstrated in his demeanor a lack of understanding of the proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. rederic wards Assistant District Attorney Waller County, Texas SBN: 06435100

ORDER THIS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints --------------------------------------- , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: ---------------------

Judge Presiding *311 11-01-13703, 11-01-13704 and 11-01-13705 - c...> ::;E r--) yo ~

;':0 ~{ft

• ~ ::0 ..... G'> ("1?3-tl § IN THE 506th DISTRICa;

THE STATE OF TEXAS 0 - - .-::.'

W

rT1 C) :::; ("'t1 ..... ,

""0

....... (""')0 5-<.~ v. -0 :-'rT1 COURT OF \~ ::J: ..... ;0 N ..

rrl~

)< <::) )oi-

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TE S c'") W STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the undersigned assistant district attorney of Waller County, Texas, in the above-entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following:

1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure. 2. This motion requests the following information which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

Assistant District Attorney Waller County, Texas

No. 11-01-13703,11-01-13704 and 11-01-13705

*312 § THE STATE OF TEXAS IN THE 506th DISTRICT VS. § COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that such motion be, and hereby is, GRANTED as to those things requested. It is further ordered that the attorney for the defendant furnish counsel for the State the requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code o/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED this the ___ day of __ _____ _ , 2013.

Judge Presiding 6'1 *313 \ CAUSE NO. 11-01-13704 o .s> IN THE DISTRICT C9. RT oF ..-0 ~ THE STATE OF TEXAS § s::

§

WALLER COUNTY, T ex A ~ VS. § § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT § MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion to Dismiss and for cause would show the Court the following:

1. The State of Texas obtained an indictment for Murder in this cause in January 20 11. Waller County placed a detainer on Defendant while he was serving time in a federal prison. Defendant requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (IADA) , Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional provision of the Sixth, and Fourteenth amendments of the United States Constitution.

3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days. MOTION TO DISMISS PAGE 1 C:\FB\CRIM_K-O\Lasker.DD.BI075\11-0 1·13704\Motion to Dismiss.OOI.wpd

*314 See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that an action on the indictment ... on the basis of which the detainer has been lodged is not brought to trial within the period provided in ... Article IV hereof, the appropriate court of the jurisdiction where the indictment ... has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. ")

Davis v. State, 345 S.W.3d 71, 75 (Tex. Crim. App. 2011). 4. Defendant is entitled to have the cause dismissed under both the IADA and federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

(' William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

PAGE 2 MOTION TO DISMISS C:\FB\CRIM_K·O\Lasker,OD.8107S\11-01.13704\Motion to Dismiss.OOl.wpd

*315 ( Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek MOTION TO DISMISS PAGE 3 C:\FB\CRIM_K.O\Lasker.DD.8107S\ll-01-13704\Molion Lo Dismiss.OOI.wpd

CAUSE NO. 11-01-13704

*316 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. WALLER COUNTY, T E X A S § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the __ dayof _______ , 2013, came on to be considered the above and foregoing Motion to Dismiss. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED, and the indictment is hereby dismissed with prejudice. () DENIED, to which ruling the Defendant excepts.

SIGNED: _________ , 2013.

JUDGE PRESIDING

MOTION TO DISMISS PAGE 4 C:\FB\CRIM_K.O\Laske:r.OD.81075\II-OI-13704\Motion to Dismiss.OOI.wpd

*317 ( · , CAUSE NO. 1l-01-13704 Cl ~

IN THE DISTRICT ce THE STATE OF TEXAS § ....( § VS. § WALLER COUNTY, § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT §

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE

TO THE HONORABLE JUDGE OF SAlD COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion for Disclosure of Favorable Evidence, and for cause would show the Court the following:

1. The State of Texas and its prosecutors have a duty to disclose favorable evidence to the defense. Brady v. Maryland, 373 U.S. 83,87,83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). It should be noted that the definition of favorable evidence is very broad and includes evidence that is mitigating, even if it does not exculpate. The subject evidence in the Brady case was merely mitigating.

2. The State of Texas and its prosecutors have a duty to disclose any evidence suggesting that Defendant is not competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697 (Texas Court Crim App. 1979).

3. In this case Defendant is entitled to relief under the Interstate Agreement on Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments thereto relating to a speedy trial. Defendant is entitled to production of any evidence that would support such claims.

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE

PAGE I CIFBICRIM_K-OILA,ke,.DD.B I 07511 1-0 1-13704\B"dy.OO I.wpd

*318 WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the District Attorney of Waller County to disclose any favorable evidence to counsel for Defendant, instanter.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [TelecopierJ By ____ ~ ________ -7 ____ __

Frank Blazek State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [TelecopierJ ATTORNEYS FOR DEFENDANT PAGE 2

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE OFBICRIM)(.OILuker.DD.B 107511 1·01·13 7D4IB<ady.OO I.wpd

*319 Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this th~ay of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE

PAGE 3 CIFBICRIM _K.OIL.,ke<. DD.R I 075\1 1·0 I· I 37041Bcady.OO I.wpd

'II *320 CAUSE NO. 11-01-13704 THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT §

ORDER

On this day came on to be heard Defendant DOMINIQUE DONTAELASKER's Motion for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above and the time. for such discovery to be completed by the prosecution is set at __ o'clock

.m., on ___ ________ , 2013. Such disclosure shall be made in writing by delivering said writing to Defendant's attorney of record. IT IS SO ORDERED. SIGNED and ENTERED this the __ day of ______ , 2013. JUDGE PRESIDING PAGE 4 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE CIFBICRlM_K·OlLaske,.DD.8 \07511 1·01·13 7041B"dy.OO I.wpd

*321 Cause# /J~O/- / 3104 THE STATE OF TEXAS § IN THE DISTRICT COURT OF

§ WALLER COUNTY, TEXAS VS § ! J)2m i n~ Do.Jr{& l-46kd 506 TH JUDICIAL DISTRICT STANDARD DISCOVERY ORDER STATE IS ORDERED TO FURNISH: I. A Jist of all anticipated trial witnesses, to be supplemented as others are discovered. 2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made

All contraband, weapons and implements Of criminal activity seized or acquired by the State or its agents in the investigation d. of the alleged crime. e. All records of conviction which may be admissible in evidence or used for impeachment of the defendant. f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent

fmgerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc. 4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or other cooperation with regard to the alleged offense. 5. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses. 6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness

by the State. 7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints. 8. Inspection of all business records or governmental records expected to be introduced by the State. 9. All exculpatory evidence pursuant to Brady v. Maryland and related cases. 10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the

12. In the event that photographs, diagrams or models are prepared as "j ury aids" at the direction of the State's attorneys before trial, such items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof. 13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature ofthe discovery herein ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered. In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such motion shall describe how the additional discovery differs from this Order. The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL

The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days after discovery is completed. ORDERED and ENTERED this ~ day of Sztf ,20 /j. ~.L_""_ *322 IN THE DISTRICT COURT STATE OF TEXAS v. WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

11- 4--1.3 I 10:00 a.m. MOTIONS & PLEAS 2. All parties and Counsel shall be present and prepared to discuss all issues allowed under C.C.P., Art. 28.01.

3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived. 10:00 a.m. PRETRIAL HEARING 5.

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to a jury.

JURY TRIAL

Final trial date & time will be set immediately after the Pretrial hearing.

Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: _ __ (]L-fr_q_:-_I-=S'-----

')(L~ Counsel for State Defendant's Signature Copies: White--Clerk Yellow--State

CAUSE NO. 11-01-13704

*323 r- c..u THE STATE OF TEXAS IN THE DISTRICT OUR~F5~ § § ^[0] - I -V - f ~. ('J;:Q'""'l f"1l

VS. WALLER COUN~ TE1bA~~;== § z ~ ~ § -< ;:z:.. -, ("')- 506TH JUDICIAL DIS~IC'(5'---' DOMINIQUE DONTAE LASKER § FIRST AMENDED MOTION TO DISMISS ~ ~ ~'A

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would show the Court the following:

I. The State of Texas obtained an indictment for Capital Murder in this cause in January, 20 II. Waller County placed a detainer concerning this cause on Defendant while he was serving time in a federal prison. Defendant has twice requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (IADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional provisions of the Sixth and Fourteenth Amendments of the United States Constitution.

2. More than 180 days have passed since the District Clerk and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received the request on July 16,2012. The District Clerk of Waller County received a second such request on February 8, 2013. The District Attorney of Waller County received the two requests on or about July 16,2012, and February 8,2013, as well. The second request was properly transmitted by and through the warden of the federal prison facility in which Defendant was incarcerated. FIRST AMENDED MOTION TO DISMISS PAGE 1 C\FB\CRIM_K-O\L.:I.l>kcr.DD.flI07S\\ 1_0 1-11704\Mntinn In Dismiss.002.wpd

/5 *324 3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days.

Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011). If the 180-day time period set by Art. III(a) of the IADA began running on February 8, 2013, trial should have commen~ed on or before August 7,2013. If that period began running on July 16, 2012, commencement of trial should have been on or before January 14,2013.

4. Defendant is entitled to have the cause dismissed under both the IADA and federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] BYFran~!JI

State Bar No. 02475500 FIRST AMENDED MOTION TO DISMISS PAGE 2 C\FB\CRIM_K-Q\LAr;kcr.DD,S 1075\11·01·: 37f14\Mntion ^[10] Oismiss.002.wpd *325 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and for~ing First Amended Motion to Dismiss has been forwarded to opposing counsel on this the btIcl.ay of October, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek FIRST AMENDED MOTION TO DISMISS PAGE 3 C:\FB\CRIM)(.O\Lasker.DD,R 1075\1 1·01·1 1704\Mollnn ^[10] Dismisli.002.wpd *326 -" •••• --" ••• ~r,) ' . , . :.; Cause No. 11·- 0/·- 1"3 '103 1~10+ IN THE DISTRICT COURT STATE OF TEXAS § I :s l'Jo5

§

§ WALLER COUNTY, TEXAS

v. § Will i t\ 411<': Dord1c I tL<5 kef § 506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 9:00 a.m. ARRAIGNMENT 1. I~ (u) -10;00 3.II1. MOTIONS & PLEAS 2.

All parties and Counsel shall be present and prepared to discuss all issues allowed I

.

;J. under c.c.P., Art. 28.0 I. I · j[)'D{) ~ --- /0 - !~" ~ HEARINGS & BENCH TRlALS(Jt(ff(;;/~

3.

fJ.e d--1-L~ On or before to-days before Pretrial Hearing Date all c.c.P., Art. 28.01 matters must be filed or will be considered waivc?i:t. 4. 5. 10:00 a.m. PRETRlAL HEARlNG

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

At the Pretrial hearing all motions and other matters not previously rulcd on will be heard. All parties must file and serve on opposing counsel the following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court of any special needs for presentation of their case, including technology rcquirements, interpreters or accommodation for disabilities. 6. 9:00 a.m. JURY TRIAL

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ --'-I. -'-l_-_Lt-'--'I-'--/)-""--__ __ , replacing prior Scheduling Orders.

7;J/Yl Counsel for Defendant Counsel for State ALBERT M. McCAIG, JR., Judge Presiding ~ PinkO-Defendant Copies: White--Clerk Yellow--State Gold--Defendant's Attorney *327 1"1 i

, I

l [I I / I

',1

. r II ~dl&0 ri DI~ u,n<+ihtl,o",J r,j4s} ""',) ~O!J <!ACt- tk J"",j~"-,,,J"'-----'i II i:j:J5<.: S\~W. h<- ~""ds'- rtf· N¥ c..J "l~,> hd1A<<ol:b,' Skk--,awJ=~ ___ f,

_-..,.--C.-,-----_'-.,' r+I-'-4I:2f.fc9rl'o5Afuro~S) /Ni~b" ~f~be-\It\lt.-, it hk\-> wj;th "j[')v,,:St'r' I 1/ tL-1 ~ $124 1V1.VL hUJ) ~cJ!\St: \'Y1C- r btoS~Jj S\ML r ~e-+: db"r f)f\ d~(.l: JW: ~ ____ +I1-d.LJ<i)'-..l.u'.J..J..)b=g~I~Q-1J eM- tbl:...- ,irfoo'Y\cJ Jrrv-CA..tt/\vY\<!OC.· f o.sb.J ... ~!l.u.._Cl"""6",-,,c>=u.,-,-t_. : - - - - - \ , \ I '- trwH 0" s M L S"" tk. Cru rt \ (Mel \ I"''' tol el 1""'- +hot T ,,)< ai \~ w i ~ OWV\ ' '-Io$" d;e-l Y\ot,s.+o.l< CA.. J~, nD ' : . , 7 ------H-~~"--'-'''-'=''----W.-.:>_' --,--,-,'''I\~)hl: h: Vl-<P/'t.\tf'tt· fu'1.S.dL C9r (DI..l..()'i>.J ill ~ otb,AV'\tl ____ -+f-L-J-'-...u.=!>-...-L~~3~~~ilin~s~hQ Ie;, Y\LnpCU~tuJ ~~~~_, _.---,-_1 _ __ -'-_H-'-'''''-''''.!.-''o-'-'r ~=(,."'I-'~', ~,-\--f\e cu\""S J m€)~ f){\ J l'lL~±hLLfJ;lfP t J) I~J£ c ' _ ___ _ t-f-L-"--'-':J...1......,.J'-'-'-'=L--'J~:>....LU<~~·..>.J.:e..=~""'cv\'_"__.~tO-k. tk' cAi+wJoJlt\ 04ic( &s, • _ _ ~~_~ __ ~ _ _ _____________ ~~~'~~oo~lrtF~

1\ f':opy to District Attorney _____ ~~1-:- __ - -__ ---~---~------~~0~~~~A~®~rn=e~y-~\. __ _ CC', ~,J~~--~-----'---t--====~=~....,......~, ~ I) 9. ~-:.~ ,... L ~'Rl a?~_t. -- ... ,- *328 --------,-!H--.L--~>.=.>=___".\'D.b. If'lO'-k- N-~~\\IJ. 1)'\\\ ~~fC'>W~t'L Cl~J. ~O\.A.' e9.J.!J,,\~_. - - - - - - - -1 - ____ -H-~""'_'_l.j"_"""'___J...l..1.LI.l>6""hL.>.->-~~· ~V!rk . roUe c ~CL~t" S ~'f-'Lok&u- ~()+('t'{S' .L. c+shJ . ------H-'l-"L><Io-4-IlL--"'=~'I""l-~Q4-f-'m~~---'. aI.~oc"'_""k.t Q.be.c.J c)OJ \{~CliJ r dlJot ~C)JK ()1'ILo

l-fc:>w _~ _ __ -I.+-'--'o6!...L-=-....LJ...l!,.6.JlC~e..I\\-\ . penJ,I,l\j '0'011""([ I'YlL'j m6t,~I\( tbu,t kCA.Ve. bcU"\ _____ ~~==~~~~~~~~.=D-k-~~&~h-~~-h~~w~~ ~4u~~,,~~~

u.aJum;M .. J M o\CJ.\J .. Acco r I\~ ill +0 I L5~1~1 . (",2L S1c.tt'\J. CAt ~.I..'lociJu-C_.¥F~rti""",U\~c..e.",--,w""'r\w.u\l.L-l...a.Ll.--""",,,-~Jl..l>!..l~.LL...-~L--L'-"""--,--J-'''-=l-----'------i _____ --1~k-J..)I.U..J~Clli.L.""'l-l.6·~L!b~i 1\'-Y\'\L:DI~2:.cXt tl LQhere... t\ 11 ~Of'lor I f\ +~d,t-~ If, :L Swt +be.. t Qur{- Q.V\J.' - ____ -++-'-'~. _~IJ.lli\S4-t"!...li.kc...tL....<:S.A;r.,L+t.l.l.v-.LOLI..\-~--::f~~ ~f Tel eJ,.\ QAv\ Ft,,,ctA d ~ tpos iTI'ol'l t~~t:' ,'A .A4caJ'J

U_P ArT~~ c;,\, \L\. .~DV\ QCLi'J ~OO-\seV '-/~LL 1~.UJVtl it L kl ~wt ~kuJJ . orJ) Cl.v\J. tb.t- ~(:)\J, d:J'\t: k.+:- CD r-~. LuCt\ kV'L 0.. ~~L~t- 4~c...:>.<'-( _. ___ _ b L . I \ . \ ' . () \ . . , - ' . \ I ____ __ ++-_~~ AlD ho\-Ioa CL.t thiS, T:me~itb \\ovCII\!±\td. n,<.... w)\o\.e pectus M-Wl..J.n~ __ _ _ _____ ---r+.:L0~.\xb~~'1.u:C\v...~'S\c • Th!.-lAb \~U0t rs. b~c.u.\\\\Ie.\\ll\) 'IOU tbu.t 1m C\.Lm..'"\_fC!..:\G\.=t.L.=-..... ___ _ _

(NotA: k cuJl.[ fue ~QIJC ~\l~'kc\tG~O" h #. Cv.s>roL~ r~.f. \Me. _____ ---r.j-\LL--,-!-.I.!...:..(Y\l.\~01~ODiV\{)'It- - - - -__ H--~::.L\l6U,,~jk..~.;....f.\.>oL.yU\.ll!·~J.i..\'')l..S,~';!\JicA-rnCJ\\{ \ 'h'f,)rmu.;t)IDr-.~ "'...LLll.mf-\ 00 11 1:( ~Q,!'[\.\t· \'VIe .. :I J()!\t ICVlow

+: ~'L\.le.s\- t~Ll rna.c1 h \,D~,-""~=.r-'t-=..o;O-=V"--f\------;--- __ 4 ~ ___ __ ~~:lI...JI~L'\ .'nllt (2(\ i-hL nIcs'\- r~t. ilf'l ~~tl.:>(\ 1. tr- cI~~c...:..:k~d-{,,-S - - - - -1 _____ --1!-+--l~!¢C}...:L.t_Ju.blLe...Jc..L1:Ayt I\JClI\+ L DDCni(\l'~~~mpve\ lli·(s. LoU.tt +0 occkc vhc IoL -------1H-->;,!....!ro~I..\.~§=¥\\.ll:.\----''*l.Q· O_±.IlDl-'-' ~ . +hLt-....Jh..~p.coSCLU.1il\) Av..\bo.illLu, ~~dc...YDf>~"\---'-'C =L<S=+c:,=J=\,+-( ___ _

.. calli).),,"> (J)fJ\;.e 1ell'4 Art'c...~ ~\, \'-\ '. ,""'- ~A- \~o-+-t-"t'),,-,-,f\,-- ____ _ 0'-\\ .QCf.)r- fuw,ts.r $\ \hJ- '. 1} \ou-~ V\oU{..~CL~rt'_'_l;£_'_"·4'-=·~_'_+)--- \ t If--~.J. \{\Ilb DD -tt\[c"'u~ \:'h . WClfde..V\ • *329 _____ +I+-Il~h.!.>..e._'. C=2!C,~\\.\-' ...LA\->4rj~!..d\\u..T)~ f,[C,f\ d0~C. to bd(\) vJ.J IS thM-- 0= Jitb ·1' ~ot ~o +\\t?",Y; .fu~ W%C.\e.A C)~ +k.-_pC!'&DO' ·l\-.c-~ C6.fL ~\l S£~~ \lU.\"L\ f-=ut-"'-------1 ----'-----f+-JoW.-.-\-lJ-kI ........... -+-"'----'--'~_lILLO"'-~r-· =,fj!""-M'--"'ALL.JJ)=(A,-ml...!..!.pWl:H.t1_P~£~.rf2('i' Itf /2( JwV WI /011,1-------1 _____ -+I-'"'#-tLJ:.!t.'¥-'.j.J....l.1.~c...J..i1!lu..L...1bl!..l. c&~~-oo tk . SkkS . ~ttllc.. hwruflf{ C{t])'UlciI'Q . 11-- . W(Qll-)_wlJl'flc su.t \;Itt St.'I!" C Iw!rY1 >h 1,,,,,Cl.v>!..1· ( ___ __ _ '0 . ().! . I !"ruio • (W",J f",J ~ I, If'1'rI 5 J d~\ ~fl" (wt" l't.ul,eJ ".,JJ; U J1" C P Qf e",<

i

II ~o (t \'Y'CJh, -\\cd:- m.)U('f\{f\thIIlD\OU.S' 1\,( JiSIJ..C" <;liou,!::: buns .£rwcJ.RleJ ttrDLlsh I ---~-~tl~~~''l~\~a~lr_~~A~b~~~~C~<~+~r{~~~j~~~~~~~o=~~c~~=ll~·.~~~~~~W~W_Mf~- I --------,-1f-.<--l--W..l/..'-'-----'j""-"~~I.___+u--_!+'_'_dcl'-j=11--l-±c-ul~J.~"'d.1-f(d~:t:LiS m' f C r'Nt) t\l. n DC\J.. {'I #. JVvc. 1'( \ I' . (St· M~D

I

- - - - - , __ ----1H---'-~:.ill.l...--=c.;w..:lcl:..J..L~Ul.c...~<L»-...L!:I..-----L..UWJ,~~l..O_'_-UkLl6L1..!d.."_.__=. :\-\tD::t....-d<s~J.o.ylQ~ ('l~l-i0(I)S g~ili\ . - ____ ----1+---'..1LL.J..u..-J:..l8&..L-.~~l.L.-u:LLl~!.<l!il.l~II\.ll.l.JJ;.,Ill.--MJJ~I..ll .• Oc \'\Dt- J 1h.- bfrS~!1\ j,CJ..S b lDI\~t - __ __ -H-"2.e_It!.A\t'\'j Aqx:\roriTi"'t .. 'i. .k. Yn~U:-~~Ah" k ~DU \r\D\,y \~~ ~L:...rv\=~==,---~ __ _

. i ____ _ -.-++-=-......u:..w.>IL.l~u{.~~ <::>1'\ 2,cpt U (Y\b{C &J) WIlt- e.1..O,b ~Y~Q(\~.m.... clQIl\~ . Ll!\rr(.c......:t\1------~· i ...., ~I __ __ __ -+~~~~~·~A~>~·~~~~~~·~.\~~~~,-~~Ot~~fl$r lL~udt~r r~~"1~J,-liA=~~--------~J I J I~ e..IIU\ l-tk~) t1e \\j>KI'C...t Mtc'tIf)c:.l_~\~IVb fu.. -4rS;+- . Of'( \n<>(lC n(')j-. L 3t. c. \.liS\- i - - -__ -++1 1 -'-"'-<"'- fou, \ \- to' \ \ r.,t bL "",1;0, I., \c~ lkt -Ik { ""' \- .h'F lk l, ul\ Cl,,( fur""" ~ .. '\~:M-\~~ ()1%W 1ck.v-t S«.(\ \)I'D\c'!"'k.L 1f ~Lk.J't \~ Cl..S\lII\QwU y CiIOJ . \ ______ ·-+I+-~"""";J. l" AkK .do" u£.«k l1k \"'" th", ""o,J;.~ 1. Arb'c!t~-,-, C:::..: ^[1] b:..:..I ______ i \ . I I _. - ! - - - - - -+ i . ~_~..tLs~~h~w~_¥~uJ:(L. lLkw_s,_~~~J=>L .. _____ -++-"'-'=-~.;.,~r...!.!u..=-'J-<..:........:J±k.'\ !Nbo i~ the N.ol ctI'rolMl 't?~ l\-e '\k Pa.vJ. ~c..\c1 10{\ i\e_ h.(\.\{ __ ___ -++-! ~u~~~--'>.:\.cr(5\.b.\b.....~:»ljl.\__k~~s.l..:I..l~J.~~.'=:t...=-M1.!.l!L CA.LC.llrJlr'lj tv -tk Io..w '.0..v\J~I'u... tD\'Y\W\C,h/\j. vY1L. ____ _

.l.f, k.. I ~ -rk \u-w I), II *330 I ,,\eCL ~~cxl" '\UJL~J.. th:.J- ~I""'I')=U~ ___ __ _ - - - - ' - - - -___ ++-.l...U--->.LI~"'_"_'_ ......... _+__-"---'<.WeNJ \1,04 .l ~yrull\[b M0- !beLt t~ \tW~\\:t· CAm' N.\Ie.C\\j~ 1-0 ~ ~\..t Lo~ctk ~\ ~eL LV\. "lour· tDUCt be.tofS:.. .s:; $i\ur'=. tA~I';-;v\:J \dtt6 b p~Dm;."U\\..- ------H-I'.-'L\~~e1- ~/) \5~1. ln~LK. th~(\~\ • 1- vb .~"-.(ce...L:4,,-c_·_----:--'-- ___ ---1 ~~.l Jo cv\\,o· 1. ClJYL-v~e.cl..\.f·~-· ---------,--l!

S~~

- ____ -+.j-U ..... ~w..m<~~C>....._The._~~LA:ill~>_llt%'~st ClfJ" Atb'(At..-·~\.\I.\· H~J. t te~ ~~.-di"'-"9~-----,--,--.1 f < blkJ-- r: cL lc>-v-e.. ~ ~b'D~-'~'4: "-. ·_·--,-n.ll!e.""'---"~'->i~ .. ->...i.."'-e..L!-!-~...I....!....:. ___ ____ ---I . t (Hoccr~pc.ru.k 0\ Cc.ocJi'''~ +0 \Uk> lnor +k INutter l.D\..l.J"\\-'1 VtcSloo~O"-'-(---l.±..:..!.·/I=J--=-- __ ----'-_____ 1 oJ . k.A r ~V.cifW\ke.. a.\~",,",.,,-r~.!..:..."-.~~':":::'----- __ - - -1 - _ ____ ~~~~~~~~~~~\~u~~~,~\~~~,~~o~~t ~ 1~~~~~·~ l~d fu~~t' L-\E~ \L, 1j{.cPt,utJ-\- ~u.do. mo.:\-u!J.· 1t b'Ll. '---'b:J.le--U.:iOL-.·..l.J.1h~.J£.~.ILL\'-'-- ____ ~ - ___ _ ~~CL.-.l.!..Q.I.;~-t:ll..-l.l.~D-·U.U-.Uc..D=IM~0..+cC wfth-p~\~c..'-'-'1)"(11 DD ~db.u.Mb drill=? . ]A Cover -----'----H~teroI01 ¥.QJ&~Q!'J. bt If \J~C!I)t ow motlon .J-o d;UnlH JJ.bt.------ - ____ -+PJ-J..J...I..a-<---l<:ILlLl.<!·1..!<J~p:~y1LU rAU\{c..J l't: (A2LtJilyo h rA b;~bn' Lowr

~ m{DJ)~-.-C< oJ So';'/ IS PKp"f(!J ~l\\(f ~\.l,M,\ cAocs - ____ -+f--L.=~:~!.,!,!.~hoook\tec. C!Ic'\CL.I\lL' l-.--Jll )ynaw .!A"u.i-- 11 ~.-.\£llA.l.l.J)II...L1 ~bu;;,e..'-'-'l..!!:d.!.:>.;>J..:.:VV\!l.!''" .l.Se.~I~(,~I.lJ'li.L- ___ ---:-~----{ chow", ltcc . (\IC\o.-\<C ~. -tbuL- L\b~~c lour\-\ - beLl\: WQ£t~ M:t h Pede 'l=u"ICl!.i}...:' :~ ___ --I -----~4_.l..<JJ,U..--:n;.--\.J.:)(;,':·.c\.-ill~ Mtl~~~\J.d,...~'i k\L \\ ·12l1tthg~tJ.· Me\. t-bu..\::' ~=V,",--lf-"l-'i. __ ____ j -------I-:f-'L'~~ .. ' ~~-e.Lhl\.tOl\Ck C\ ~~U~~0u.._<J.L\...6~~~c~~~'vCJ:.(_· - - - - - - ------I+-'='-==~~I~~Q.M bDfu ~c),cb\-t.:' ~m.LwJ.Lfv~'1~~~ ~OVV\L·.±iYV" )() - - -__ -+-f--J-..l:t;....-JI..\u!a ..... ;....;£;L>b~al ~"'"y,L~4'Jh ~UlR' Q',j" 'c",J b =I-h\£>~'- ______ ~_~ ------H~UU!\'Y\"'-'\.:.><.>-"r\,\--~.f"-C..Je'f.k.-~I~w.L.meclie,\i{)J· -Ih~ ±\r . ~~U"__'___ __ - - , - - - i - - -__ -+-H-IJll.l\J~~ A1 kY- . . ' \ L \!\,~l;- hruaM\'\.L· ·LS.-.Jk \ \]A WD-\ c.l~~ -_----++-'-'-"--'-'-"'--'''''''''-,~-IJ\c~sP!\1rl!.Lt_~.l....:,..--l.CJ",~W~~:!..)D:D''- 'J, \"M!\rb,X'c (OlJrt Cllr\\l \'\0 ~~owi,"~ cd: 4VI'JulCf ~ - ____ -++-='~~~-'lI&!)..{:~~~J.-:t...:~t~fC::==--'-\.lI.QJ~fl....--l\I.lI::)n:::...J;;r~~<:':Y"Il: ~\111VVl!!!:I\__I::...:\>j..:IP,~~\ve CA. t D.C\!ill.\llicl,....c...:.- _"\bM-..L..:..-"<""--=w=i\\-=--_--~ ---_-H--"'~C>=L-=~"_W· """,~~kk\ [>~ };MI~ ~~ -be i'HMQ,Mc.........:---------

L ~(M, tr ~OIJ,[ -±i iY1.~~9-u->\\c-,--. --------~jj.mY\L\Clll,l«..-LDL-· .k\-y~LL__ ____ ~ *331 ~·9;l. Elton R. Mathis

645 12th Street

Hempstead, Texas 77445

Criminal DistrictAttorney \l\faller County November 18, 2013 Mr. Frank Blazek 1414 11th Street Huntsville, Texas 77340

In Re: State of Texas v. Dominique Dontae Lasker Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705 506th Judicial District Court, Waller County, Texas

Delivered by FAX and by Certified Mail receipt # 7002 315000003033 7222 Dear Mr. Blazek,

Please find attached the State's proposed "Stipulation of Evidence" consisting of a number of attachments. I have ta ken the liberty of filing these documents with the Court as well for purposes of argument in your motion for dismissal. Fred Edwards, Assistant District Attorney Waller County District Attorney's Office Waller County, Texas Enclosures Cc: 506th Judicial District Court

*332 I \ . N\... d-01-13703, 11-01-13704 and 11-01-1 .... /u5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY. TEXAS § 506TH TH JUDICIAL DISTRICT DOMINQUE DONT AE LASKER §

STIPULATION OF EVIDENCE

1. The State of Texas stipulates that the State received documents marked as State's Exhibit A (consisting of eight pages) on February 8, 2013. 2. The State of Texas stipulates that the State received documents marked as State's Exhibit B (consisting offive pages and an envelope) on July 19,2012. 3. The State of Texas stipulates that the State of Texas through the Waller County Sheriff's Office obtained custody of the Defendant on May 24,2013. 4. The Defendant stipulates that the State of Texas sent by facsimile copies ofthe indictments against the Defendant to Kelly Palmer, U.S.P.O., SDICA, on October 7, 2011, consisting of five pages, marked State's Exhibit C.

5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning necessary forms for transfer on August 31, 2012, consisting of one page marked as State's ExhibitD.

6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden USP, Victorsville, CA forwarding completed lAD and required documents and USPS Certified Mail Receipt card, dated January 2, 2013, consisting of nine pages and card, marled as State's Exhibit G.

7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31, 2013, consisting of two pages and forms, marked as State's Exhibit H.

9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas , Texas Administrator cover letter and IAD Form VI to Linda T. McGrew, Warden, USPO, Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service Receipt, marked as State's Exhibit E.

1 *333 , · . 10. The Defendant sL, .dates that the Waller County DA's (,-"ilice received from USDJ, ... , . r-- Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's Office letter of March 20,2013, this facsimile received April 9, 2013, consisting of one page, marked as State's Exhibit I.

11. The Defendant stipulates that the State of Texas sent a letter to the Warden of FCC-USP, Victorsville, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May 1,2013, consisting of three pages and envelope, marked as State's Exhibit J.

Agreed to this the _ __ day of _ ___________ :, 2013. Defendant's Signature Sworn to and subscribed before me on __ day of _ _ __ _ _ _ __ 2013. County Clerk, Waller, County, Texas Approved: Frank BlazekfBilly Carter Attorney for Defendant Elton Mathis Criminal District Attorney, Waller County Judge Presiding 506 th Judicial District Court

2 f5 *334 " , u.s. Department of Justice ,- Federal Bureau of Prisons .. j .~ Federal Correctional Complex Victorvllle, Californla Office of the Correcti'onal Sys[j-'---:--f~-4-14-A'/' January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA), applicable forms are enclosed, Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this. 30-day period, provided under Article IV(a), which expires on DATE) Any court proceedings must occur after this date, Please remit to this office the original completed Form VI,

~ "Evidence of Agent's Authority to Act for Receiving State" (8P-A564) and originals of the lAD Form V (RP-568) and lAD FormVl (8P-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner,

EXHIBIT

l 5+ - A. *335 . . I , , ( Page Two RE: Las ker, Domi n ique Don tae

Register No. 228~7-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody_ Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sinc€Lely Linda T. McGrew, Warden (fu)~ /s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator t?

~

*336 , , , lAD -NOTIC( J UNTRIED INDICTMENT DP-S235(51) US. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

INMATE NAME:

REG ISTER NUMBER: INSTITUTION:

FCC VICTORVILLE COMPLEX

LASKER, DOMINIQUE DONTAE 22867-298 Pursuant to the Interstate Agreement on Detamers Act, you are hereby Informed that the follOWIng are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, . and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Vour request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of sa id Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or or ere suc e Ivery. d d hd l' Linda T. McGrew, . DATE: NAME AND TITLE OF

Complex Warden

CUSTODIAL AUTHORITY

Charles E Samuels Jr. August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original Inrnalr: Copy: J&C File

Ccrllrallilc *337 BP·S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM

FEB 94

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS WALLER COUNTY, TX Court: Jurisdiction: 506 1h JUDICIAL DISTRICT WALLER COUNTY, TX And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints arc pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate ^[88] a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(SI), Certificate ofInmate Status, and BP·S239(SI), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONTAE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for pwposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

@request the Court to appoint Counsel. (Inmate'S Signature) Record Copy. sa.tc lAD Administrator; Copy. JokC File; Copy - Central File (Sect. I); Copy· Prosecuting Official (Mail Certified Retwn Receipt); Copy· Cleric of Court

(Mail Certified Rerum Receipt) *338 ( 8P·S238.0S 1 lAD - CERTIFICATE OF INMATE STATUS CDFRM Fe.....,. .9 94

FEDERAL

BUREAU OF PRISONS U.S. DEPARTMENT OF JUSTICE

Inmate's Name: Register No.: Institution: FCC VICTORVILLE LASKER, DOMINIQUE 22867-298

DONTAE

COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tennof commitment under whicn the prisoner above named is being held:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 By: (Chief Executive Officer) Date: Name and Title of Custodial Authority Charles E. Samuels Jr. Linda T. McGrew, 1130/13 . Director, Bureau of Prisons Complex Warden

~.U--

'(' D. Wren Correctional Systems Specialist Record Copy - State lAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

· I

*339 lAD· OFFER TO DELIVER TEMPORARY CUSTODY BP-S239.0SI CDFRM February 1994 U. S. DEPAR'l'HENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: Janu~30, 2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

ELTON R. MATHIS Criminal District Attorney WALLER COUNTY, TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONT AE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached. Indictments, information or complaints charging the foHowing offenses also are pending against the inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities in these jurisdictions for purposes of these indictments, information or complaints.

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. Namerritle Custodial Authority: Institution & Address: By: (Chief Executive Officer) 'r~~n

Charles E. Samuels Jr. FCC Victorville - USP Director Correctional Systems Specialist P.O. Box 5400 Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden

*340 {/ lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION

BE'-S565.051

CDFRMDEC 02 u. S. DEPAR'l'HEN'.r OJ' JUSTICE

FEDERAL BUREAU OF PRISONS

• This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DO~NIQUE DONTAZ, Federal Reqi.t.r Number 22867-298 via X LAD __ St.te Writ (check one), and do hereby agree to the following conditions in connection with the reguest for custody of said inmate. Condition. a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of security required by Bureau of Prisons Policy.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for service of any sentence imposed in connection with our prosecution. d. Agree to return said inmate to the federal institution from which they were obtained at the conclusion of the inmate's appearance in the proceeding for which obtained. e. Agree to notify the local jail authority of .the responsibility to return the inmate to federal custody. As the Prosecuting Official for the State of T.x •• I, ELTON R. MATHIS, Crimin.1 Di.trict Attorney, hereby submit the following information in connection with my request for temporary custody of LASKER, DO~NIQUE DONTAE, Fed.ral R.qi.ter Numb.r 22867-298.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be \ CCL\.,.~-t W,.... +" confined durin Ie al roceedings. D~.(!.; ""'1,*~ 1:+ 2. Scheduled date for /,trial . 8 Il 3. 'K. a.\." .... S-;~"'j :S'\..v~~ l'l,Cf)iZe..- Zl)l. "o~ ^[5] ~"'.c..J.)' ~ J 4. Name and phone number of the state agency, specific name of agent(s) who will transport the inmate at direction of the court and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting the inmate for the state. "1"'\\("C •. ~.O. q"'fC\~I'-~SZez. 6. For State Writ c •••• ~nly (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and

Original - J&C File, Copy - Central File ThiS form replaces BP-S565 dtd FEB 94) *341 RECORDS PAGE 82/83 89ta5/2812 88:35 76853~q .' , or ( IAD FORM V - REQUES'.l' FOR TEMPORARY·CUSTODY CCFRM lWoUl.t.O FEB 94 BP-S56B.OSl

nD~ BtJUAU or PlUSOliS

U. S. DBPAR!'MZHT OF JUSTICE

Six copie.!. Siqned copiu must be scnt to th •. prisoner and to the ot'ficial who ha .. the prisoner in custody. A copy should be sent to tile Aqr.ealent Administrator of both thlll .ending and the rttcei,,:ing .state. COJ:li ••• hould be.utained by the perlon filinq the reque.t ".od the judq. who sig-ns the requa/lt. Prior to tr4nllfer under this A9r.ement, an InmAte may be afforded I judicial hearing (Cuyler) similar to that provided und~r the uniform Extradition ~ct, in which the inmatQ ~y bring a limit~d ch4llenge to the rec~ivinq etate's reque.t.

Requa. t for T!mpOrary cu. tod.y t To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address V"";{::;c1.s+ .. t,.s ?el"I{~~.J"fI"A'J~ v'ic.to~v'dlf" ~.cc../ 7-0· .Box:3'10~ ~De(~.;z.~)oS Please be edvised thet (Name of Inl1late) »oMIN I'jLA Ii J)o1\J1 At: LJ;.S Kt:12....221('r-- 2,tf.T, who ~;III~~Y an inmete or your institution, is under (indicate appropriate) . ~ /-iRfsmation) in the (Jurisdiction) (-eoiUpiarnt)

!ld~~~~! ":3 (; b ' ~ c.,L \.0 Po Ile'V" Coc...lvty /-i>045 of which I am the (Title of Prosecuting i5iS'\V!.,'c.+» H OY2.Jvt! Officer) Said irun.ate is t.herein charged with t.he offens s) enumerated below: t I - 0 1-

Orran.a (.) I 3:1 " .P.iJ &", '-foe f (i) (,J lY CP-y",-\-r\ Ml.A.v-Oev- 1\-01- 13 =103) C~p;i .. { J~vJl.J't'\-LI-OI-1 ^[7] 0 r f-::,V J'k~yQ/r- I propose to br ng this person to trial on t e [indicatlll appropriate) ('eOlUp1:.tllt) within. the time specified in Article IV(c) of t.he Agreement. In order th.~ proce.dings in t.his m.tter may be properly had, I hereby requ •• t temporary cu~tody of such per.ona pursuan.t to ~rticle IV/a) of thG Aoreement on DetAinere. Attached herewith find in triplicate: .,. Certified copiee of the complaint, information or indlctment b. Certified copias of the warrant c. Certified copies of !.tnqerprint~, photoqreph~ or physical desed.ption I bereby aqree that immediately after trial is completed in this juri .. diction, I will return the prisoner directly to you 0: alJ.ow any juri.diction you heve dQsiqnat.d to ~ake t.mporary custOdy. I aqrea 41~o to co lete Form IX The Notice of Die osition of • Detainer immediatel after trial.

I J)istt?\'~~ Prin~ed Name and Signatur Ti.tl,e Date E \ -\orJ ~. V\ ~:d~i..s FH10 ^[11] NoV ~~} ^[20] C~I'\4II\J..c. Address: City/State: '9=jLfq.~ Telephone No.:

LPLf 5" I tJ...t-k S+(~ d \-l.. -e '"'"-f> 6-bE-c:,,~ ,1-< X Its q"1 q - <;"2 f., - 71 =l IS I hereby certify thAt the peraon ~hosc 5~qn.t~re appears above is An appropriate of.~icer wiehlntne meaninq of Articla IVCa) and that the fac~s recited in this request for tempora eu.tody are correct And tna~ havinq duly rQcorded said reque~t, I hareby transmit it ~or act~n in cord.nee with ita term and the rovision. of th~ A r •• ment on Det&iner~. (

Judge's Print~d Name ~nd Signature Date foJo V :z ('J 20' A I 6.1\1'\ M· (V-.c etA\ Court SD (p ~ :r 1..oC--\J,'ci.4..1 Telephone No . . Te'ip.,~ 0)1 (, v (This fo~ may bR r.epllcat.d vi4 KP) *342 NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker TO: Office of District Attorney FROM: Reg. No. 22867-298 (6 L\ k, b~ S\( c..c t- <;,ui \ ( \ United States Penitentiary he. (V'0 ~r~uJ. T'I-.. ,7 Lj liS

Victorville FCC

PO Box DOll 3900 Adelanto, CA 9230 I

Dear Sir/Madam: I, I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca2ital Murder Charge # 11-01-13703 979-826-8282 Ca2ital Murder Charge # 11-01-13704 979-826-8282 CaQital Murder Charge # 11-01-13705 979-826-8282

4, The outstanding charges pending from thisjurisdiction adversely affect the conditions of my incarceration. and do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes. rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities. pursuant to the requirements of applicable statutes for Interstate Agreern ent on Detainers ("lAD").

Cordially, Dated: i· ';}..~-'-'o7 I 'a-- ~;r~-~ . "-~ ___

~ESTOR

~ff1l~~,-th\\t~. Dominique Dontae Lasker - - - - Authorizated by the Act of ' WITNFSS-PRI<;ON S'l Mf- ~lEI\.3UfY 7, 1955, as amended, corlf:s: (lIlIlili\.AI II J !)1~TRlrr .l\tR(~r;n.irn~~.W(Q4U1~I)~tar('( )IUJ~ 10 III I'SUJ \\Tnl RI:I)I Tq If) C()I 'Hl /-'l If: JlIS~"S~ .. \L. Al.so: t,,('1 I'll! IJI JI I ~II ,,1.\ III J'\ I f::) \I I III (' -\SEtJ.SIG]tt.'§1.I4e04\~ ,.-\RPI'\I, rill· WAf:~ ,\~"r.·J)Fl AI',,· P. ~ \;/J II I'I)~~IIII I· Y' JI'JI <';1 "II:"W~ h!lJ~1l OI(l:.;,,!1 )A 1·\ ('1 ""1'1'1 ·\1 Ill"" I'~I .... ·II JI"I \11/'111'0,;10 ... ,,1 'R "RfJlI·,'1 r /1 ~! d "" P·'.I!

": . EXHISI'r' *343 J 5f-:8

\'11' I .• '" I Ihran /-'()nn.~:NIIIICC~rcelh·1 nal·1 It'tmncr (I{n' Will [~THE District COURT OF Waller COUNTY [506 District] FORTHESTATEOF Texas --~~~--~------ Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to . . . . . . . . . ) ". (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) (Constitution, Art. VI, § 10 ) ) )

CASE NO. 11-01-13703 979-826-8282 Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, D:rniniq.e D:ntae lasker- IS currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December - - - , - - - - Defendant has a projected release date - - - - - - - - , from federal custody on _Au--'g""-u_s_t _______ , 13 , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants. informations. charges, and/or complaints pending in this jurisdiction. Specifically: 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

.3. The defendant moves this Court to order he be brought for trial. and that ·prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. Th~ Defendant further requt:sts in an ahsence of availahility of tri:.tl. an il7 ah.l"le17fia resolution he arrant!ed, *344 \'11' I.a,\ J.lnrarv l'orms'N{ltlcc"pcL"lJI'1 rlal-! )cUliner IRn '1'111

'.' I

.. 1. This Motion is based upon the Ddendant's Sixth Amendment sp~dy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop(cr v. North CarolinG, 386 U.S. 2 I 3. 211-223 (1967). A state is responsible for a defendant's speedy trial rights. even where a defendant is held in federal prison. see: Smith v Hooel', 393 V.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fer 1'. Michigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from tederal authorities under LAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.

Respectfully Submitted, Dated: (·a-01 d-- 107 I 03

~2" ~

~ ~miniqUe ~ tae Lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certity that a copy of this document vv'as mailed to the office of the district attomey/ prosecutor for this jurisdiction. addressed as below.: DiS1f'C C t 41-\-O(Vlt L{ '7> ll~ GI~, ~'\c.c I Su.i\'{ 1\ C hI p~;.' C(;{.J 1 X J '77 LJ'-j-5

Date:' ~Ol d-- ( 07 /3 ,/~ :~---. ~~que Dontae Lasker *345 i

CERTIFICATE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USP/FCC, at Adelanto, California, on of ___ \.':"'\-L=:.C.A..~If'...=-::W&~"-l ~dr-- ____ ' 20

12 ,with sufficient postage affixed. It would be \

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2). District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse FOR WAllER COUNTY 836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~'~ ~ ffilTIique D ~Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

*346 7? VII' Law Library Formsl Certificate ofServlcc: (Rcl'. 8/11) .. '

I

DETAINERS . . . . . . . . : YES

NOTIFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR T~HA~E'S CYRRENT COM~TMENT.

---- -------------------- THE INMATE I S PROJECTED FOR RELEASE: C08 -13 - 2019 VIA GCT REL ~. ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMBER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50

-------------------------CURRENT

OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A),(D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

G0002 MORE PAGES TO FOLLOW . . .

, ....... - I

*347 ~oc. Dominique Dontae Lasker -.'*~ . . s~ 'J ·bt::..·~~: l"U::'1~d.t/l.r\!L f ·l~~t ·:~},·-.!L;i .?". Fed. Reg. -2286T-298 - United States Penitentiary Victorville

j,J 3UL ,;:~nQ. ,·F~ ::i t P.O. BOX. 3900 ADEI..ANTO, CA. 92301

. ",,'. -" "~7"-"~ 1 . .

,,-·;-:::':-''''~'L

:1' ' _ ii., \ ·1 , .

-,.---.--~ ; ~ . '\' (

District Attorney/Prosecutors 1 :. Office \\\ r Ii' '\Ii . i. LI' ,J', For Waller County . \ L_.-c:- \ . .:1. 2Y6 b~ stccet Sud=( I 'Legal Mail" '~i !2~~~.:~ <t

\

Jl __ -+\ \f,I'Y'I(,,[..\--c ( I I ~ Ii- I J 7 L!jS DIS A 773 5E 1 N C 22 07/16/12 \tJ

UNABLE TO FORWARD/FOR REVIEW

*±uuuu** Be 77445540245 DU ::':2.B04-l25l5-11-3'J

7744SS4G24E:

in.::: /1 n-, Ii, •• 11,"1.11.1.1111.1.1 •• 1.1 "I •• ll L 1 •• 1 !! i I d II j 7 7 " .. 1 C J - . -y ~ 'ro.:..-~ ...,. t,J " - I

.. ---- .. -~-. -.~.----- .. -.----------------- --- - '-.- '- *348 ELTON R. MATHIS CRIMINAL DISTRICT ATTORNEY WALLER COUNTY

FACSIMILE TRANSMITTAL SHEET

FROM:

/ () - 1- I'

DATE:

u.,s . p . 0 ~ Sf) ( cA f'AX NUMBER: TOTAL NO. OF PAGES INCLUDI G COVER: blCf- ~~=;-2:S~

PHONE NUMBER:

o URGENT ~FOR REVIEW

0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE

NOTES/COMMENTS:

EXHIBIT

HH> (,1"11 STlU':Jo:'I'. STI':. 1 • 1I1':MPSTl·: .. \D. T1';:'~AS 77H~

I:

Sf -' C PIIONI':: ')7') H2(.-77IH. FAX: 1J7,) HHo·77:!:!

IO~

I

Transmission Report *349 Date/Time 10-07-2011 04: 55:31 p.m. Transmit Header Text WALLER CNTY O.A. MATHIS OFFICE Local ^[10] ^[1] ^[9798267722] Local Name 1 WALLER CNTY. OA OFFICE Local ^[10] ^[2] Local Name2

This document: Confirmed (reduced sample and details below) Document size :B.5 I x11"

ELTON R. MATHIS

CAIMI1 . . IL DlSTalCT ATTORNI!Y

WALLER COUNTY

fACllNILE TRANSMITTAL SHEET .... ltN t..l-S. P.O. Sl>/c..A

/D-,-II

•• £ .,." :('r"p'.I~T. STl!.. I • t{li.NP~TEAD. TP~A:S 7704H .,fJ 1!' .. 1":1'. II,\X: ,~., 1l2' T'fl2 rllONI! Total Pages Confirmed: 4 Start Time Duration Pages Results CP14400 U.S. Probation 04: 51 :33 p.m. 10-07-201 1 00:03:34 4/4 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save RP: Report EC: Error Correct FA: Fall

f *350 NO. _/..;..'1_-.;:;..:)..;../_-_,_' __ 1_--:" __ ' :..;1::....-_ _

THE ST ATE OF TEXAS

IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

..!J ?0:Zlt' JUDICIAL DISTRICT

DOMINIQUE DONTAE LASKER

BIM DOB: 0312111984

= ~I:~ Charge: CAPITAL MURDER Section: 19.03

i~~" Degree: CAPITAL FELONY I jl~~

INDICTMENT

~ t II~i ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIreann, and did then and there intentionally or knowingl y cause the death of another individual, namely, Janella Edwards. by shooting Janella Edwards with a fireann, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the llTIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury j0?- *351 /1 (1/' /J 7d~ -

NO.

THE STATE OF TEXAS IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

...Ji ~--lt JUDICIAL DISTRICT

DOMINIQUE DONTAE LASKER

DOB: 03/2111984 HIM

~ "'1 i!;, ~ Charge: MURDER Section: 19.02

!III Degree: FlRST DEGREE FELONY ~ 1:11 ~, ,_

INDICTMENT

~ ~ ~

The Grand Jury for the COWlty of Waller and the State of Texas, duly selected,

~ empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of , 506 Lh Judicial District Court of said County, upon their oaths present in and to said Co at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the Il'lli day of MARCH, 2010, and before the presentment of this indictment, in Waller COWlty, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury /03

I

*352 (~ (~

THE STATE OF

TEXAS IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOl\1INIQUE DONT AE LASKER \- ~b£JUDICIAL DISTRICT

~ _!:l BIM DOB: 03/2111984 Charge: MURDER Section: 19.02

&~~

Degree: FIRST DEGREE FELONY

I ~I~~ ~ II '\-l

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; ~ The Grand Jury for the County of Waller and the State of Texas, duly selected, r

empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th

. 506 tb Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the l1TIf day of MARCH, 2010, and before the presentment oithis indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson. by shooting Stanley Ray Jackson with a fIrearm.

AGAINST

THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury lot( *353 PAGE fll/83 RECORDS 08/31/2e12 09:33 08/31/2012

DATE:

----- .. -_._---_._-_._------_._--- -_.-._ .. _ .. -------------

FRED EDWARDSI WALLER COUNTY S.O.

---_._------_ ... _ ... _--- .. _---------_._-_ •. _-_._-----_ .. "._-- TO: FAX: 979-826-7722 -._----_.------- ...... _.- .----" ... ,_._----- .. _-_._-_._--------- ... _ •. _------_." .. " 979-826-7718 PHONE: ._-_._-------------_ .... _------------. __ ... _-- ED PEREZ

FROM:

_. __ ._----_ .. - - - - - - ._-- .-----.~---- ._---_._ ... _-----

FAX: 760-530-5750 PHONE: 760-530-5700 EXT: 5881 ._--

3 PAGES: -_.---_ .. ,,----,._------- ._-- RE:

lAD FORM V cc: ------------.--- .. -------.---~

COMMENTS:

Please complete the attached form. Once I receive the form V back, I will complete the request here and forwarcl1he remaining documents to you. If you have any questions please feel free to contact me at my direct line, 760-530-5881, if I do not answer please leave a message. ThlJ messale Is intended for offlcfll ~se and mly ~ontaln 'SENSITIVE aUT UNCLASSIFXED (SBU) INFOR"ATION'. If this me.'lle contains SENSITIVE aUT UNCLRSSIFIeD INFO~~TION, It should b. p~operly delivered. labeled, stared, ~nd disposed 01 .cco~d1nl to Federll 8ureau of Prisons policy. OURGl~NT o PLRAS'r<: COM1.mNT /./ I PJ..EASJ~ REVU~W o F'or{ T.'OUR R.P~COR.DS EXHIBIT

I Sf-]) *354 'U.S. Postal ServiceTM ~ (

CERTIFIED MAILM RECEI""

~omestlc Mall Only; No Insurance Coverage Provided) 02

Cartlnec:lF .. r-'I POltm8lth" Cl Cl Retum A_lpt F .. He .. (EndoIMmen! Aequlr.d) Cl Reltrlctld Cellvery F .. I---<C;;":"' __ ~~ ~. 00 Cl (EndoIMm .... Aequlr.d) r-'I

I----------~

Total Postage" Fe.. $ 05/0212013 Cl ~6.11 r-'I

~~~--~~~~--~~~~~ nJ r-'I Cl r-

EXHIBIT,

Sf- E

*355 I u,mplete Itema 1, 2, and 3. AIIIO complete item 411 RMtI1cted Delivery la daelnldo I Print your name and addreu on tha reverse so that we can return the card to you. l:i. II. I Attach thla card to the back at tha mallplecet ' or on the front It space permit-. D. I. deIItwy -**- dltrwwnt from Item ^[11] v.. If YES, en_ delivery ~ beIoWI:. Cl No 7012 1010 0001 9924 2234 /c1 *356 J IIH UNITED STATES POSTAL SERVICE!. Flrst-Claa,t.1d, ' Po".F"'f.~ ,

USPS

Penn" Na. Go10>

• Sender. Pleas. print your name, address, and' ZIP+4 In thl. box. .. !/LW£lGJB1! . -~ CRIMI~Al DISTRICT AE;/ I ,', Net*r _ 9 2013 lID .~" " ' , t::! j WAllER COUN 64512TKSTR~&J;': " ELTON:l '" ". " ' ,

HEMPSTEAD-, T)t 7-'f'~ COUNrYfJl',· .;.~!~.I.;;' ',J { .... II 'T '-T' ". " . ,. "" '~NE'f- *357 • I Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead. 'i!xas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney \/'valier County April 17.2013

Texas Administrator - lAD e/o Ms. Donna Bell P.O. Box 99 Huntsville. Texas 77320 RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 Lh Judicial District Court

of Waller County. Texas Dear Ms. Bell: It was a pleasure speaking to you earlier today. 1 am enclosing lAD Fonn VI for the return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr. Lasker is currently serving time in a federal prison facility in California for bank robbery. Do not hesitate to contact me with any questions or concerns you may have or if you need further documentation.

Sincerely yours. 5d!2~

Elton R. Mathis '

Waller County District Attorney

Ene. *358 ... T r - .. lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDfRM ilP-A0'1t'i4 id'R 10 u.s. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establishing their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving state To: (Administrator and Address) ~~c.- '-'S~ )..;..J .. -r: ~~~r~ I v{..,.J.,,-

-s' J./ () 0 1).0 . Be, )l. V; c:.~r"d\~ <::A

Inmate (Name and Register No.) is confined in (Institution and address) Fc..C. "~c..-b, ... ,,\\\e. 6~f\4!'1'- - uS? J.....&.'S\.(r) VD4'V'-'-t'\i.~e.. DD~e..

P.O.

'BO)'- -S~O 0 ~~S~(- Zq~ I ",." .fa (!.. "nri wi II be:: t.:lKCIl illLu "':USCucJy dt ::ldid Inscicution on (date) for return to the County of ______ ~~~_~~~~k~~~~~ _______________________________ ,State of

Te}c:A S ~ for trial. In accordance with Article V(b), of said Agreement, I have designated: gent's Name and Department Represented

~~ /fyd-lW &Sse:/;

whose signatures appear below as Agents to return the prisoner.

(Agent's Signature) (Agent's Signature)

Dated prosecuti~cial'S Signacure ~~f-A-- -. . J),I1-, *359 d. City/Stata - Ik i s ~ -" rf.

a.

b. a. Telaphona No - c.

To: (Warden-Superintendent-Direotor;) h, c<k. I . f'1(! a, rA.W. 'd:"" ~ I'- In accordance with the above repre8entation8 and thQ provi~ion8 of the Aqreemant on Detainers, thQ persons li5ted above .re hereby deaiqnated as Agenta [or thQ

:r::e)(.A: S Sta tlJ ot to re r. urn (Inma te' ~ Name ~a ~ I}fqister No.) J..Ek$~R:~ DQryt:£~v& Dor·tr-Ar,f

rt81"ug d,p.8;';{;;~_ 'It:) eo the c01Jnty of ,stata o! _~ , for trial. At tha c::1:t10n o~th. trial (Inmate) I-ASJ4:{R... Pot"":rl-lrQ1.JiF po1':/719C:- t:i?2~~- c!29~ "h.ll be returned to the (Institution and Addr8s~> : 'I," t:.. -hY1I" / Ie. ~::u·-t k y: - U 5 P

-p-ec.

P'D. 13,,)( sA/I) 0

A./~/~IoJ Crr 9~301 Oatad Detainer Administrator'5 Signature c. City/State a. Name - 0. Telephone No. b. Addres8 - por

~re.cr1bed by PSS7! 2 E!l:3z;/8~/PI3 III

1:39L90E91:39L

Sa~m3C:1 1:>1:3/1:>0 38\;;1d *360 41S tice t: .s. Departm el1( f Prisons Federal Bureau 0 - Office of In mare SV$cems VJccorvlll l , California 92394

Date; April 8, 2013 J Kaawaloa From' ffi Title:' cor~ectional Systems 0 cer Phone: (760) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL DISTRICT ATTORNEY

Telephone: 979-826-7718 Fax: 979-826-7722 SUBJECT; - LASKER, DOMlNIGUE 22867-289

COMMENTS! Attached is the Prosecutor's certification and the lAD form VI evidence of agent's authority. I will need the originals before we CQuld make arrangements for pick up. If you have any questions please give me a call.

PAGES (Including Cover Sheet) 4 - EXH,S\T 'l~ llY l - ~Z:01 £10Z/80/~0 ~ *361 sa~083Cl • . , . - - - --

- - -- ~- d care &Dd will ass~ a. Agree that said inmate will be provided safekeeping, cu.eocly, an h the 3~ le": ~f rupons1bi1ity for that custody to incluc:t. previd.inq the in:.at.e wit ;. security r~qu1red by Bureau of Prison, ioliey. i

~o " teQ with uid nJDo&~, b • Aqr.. to report te th. Burea~ of PriGons any probl..s assoc~. r a~~~te include di.cipllnary problem.. meclical a.ergeno1e., ~u1cide att~t, e~cape 0 - . escape or any D~r probl~ ar1~ing duriDq ~tment.

C. A;re. not to release said inD&ce on bail O~ bond or to commit thea to an institution fo serv1ce ot any 3entence impo.ed in cDnneccicD with our prosecution. d. A9r •• to returD said 1nm.t. ~o the federal in.titucion from which ~hey were obtained at the conolu.10n ot the inmate'$ appearance in the proceeding tor wnich ob~ned. r •• ltD notify the local jail authority of &be r.spe~1b111ty to return the inmate to e. :gct •• ra CU.tody. • ~c!:.!roh··cutiD9 ofdcial tor the Stat. ot r... I !!!JI;~!c.~~.~.~ftl:;::':L..:=C=z=i.~t~M=J,:..;Dl=.:;tr==l::CI;.::t ...... ~_=.;;;;:::,..,r~' ereby sUbmJ. t the fallowing' :l. t ' -:- • , ~empor.ry cu.tody ot LAIKKa ~QOI n O~tion in cQDnection v1ch my reque~t fer

~, ~a1 bgi.t;u ~ 22811-291. , • . PrOjected date of return of ~b. p~i30ner to federal

cuatoay: another -al t 7. Signature ernat1lre 1"" .. not a.nd Tl tle ot E'rosecutor ~S~U~b:s:c;r:ib::d:-~~---- ______ __

e and

Date 8. Signature ------- of Notary Public Origll'Jdl _ J.C FUl!, COpy - c entral File *362 EH3~/80/p0 //3 p0/~0 39'itd sa~::m:l 09L913E909L s5 ) is confined in (Institution and addre Inmate (Name and Registar No.) for ,st.ate of retorn to the County of ,aid ,.otitOt'O. o. (date) and will ba taken into custody . t In accordanc; I have -- for trial. designated: , 8a1Q A~reQnentl with Article V(b) of ' Aqent'5 N ame and Department Represented Aqent's Name arid Dep~rt.rnent; R epresented Aqent'e Name and Oe partment: R epreseZlted == _________ .~ ________ -- ",gents t pri80ner.

.qnatures . whose s~ Aq~nt'a s. ~ppear bel 19n~ture) ow as ~ ^[0] return the (Aqent's S' lqnat.ure) ( Prosecut' J.ng Official's Signature D~ted *363 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete-.

o Agent, Item 4 If Restrtcted Delivery Is deslredi' so that w. can retum the card to you~

• Print your name and address on the reverse B. R_l'Ied by (PrInted NIIJ'/fI)- C. Date at Delivery • Attach this card to the back of the mallplsce, or on the front If space perm~ [}, Is delivery address dItIanInl from Item 17' Ves 1. Art1cle Addr8ued t=, --- It VES, enterdellvayaddrau below:c - 0 Na--' ; SeMca l'yp&., . . ~id Mal";:' o EXpress MaI"'''"- . o RegJs1anId;.,;. 0 Ratum Receipt for Merchandise· D Insured Malt a C.O.D~·

2; ArtIcle N"umben': i :.' - ,.---- 7Doa' 31Sru OOOrr303~ 71~1· (TransfW frorhs8rvice I~' --, PS Form 381-1; February 2004' . DOmestic Ratum Receipt:- -

EXHIBIT

*364 I 5f~6- " U SAN aEl:tNAS I~D.1Nc:>- CA ~r'~ ~ !

NITED STATES POSTAL ERVlCa: . .

t~-l JAN 2013' PM :' - : . "~, • Sender: Please print your nam&, addreslJ, and Ete!l¢tR:ttlrfrtl~-t . c=:'l CRIMINAL DISTRICT ATTORNE WALLER COUNTY = 64S12TH STREET !!:M "

,..-'

HEMP.STEAD'~, TX. 77445 ~" - , :::;j ,'.",'. ", 11'" "Ii II' ,. all J"I ,',I" tn,.lh"" 'III 'J' """,., I 1/ *365 lis. POstal ServiceTM , . . CERTIFIED MAILm RECEI ~ ..1l (Domestic Mail Only; No Insurance Coverage Provided) ~ ~~~~~mm~mm~Imm=!m'm"!1'~'"''

~L-~M'~~:-~'~24~A~1 ~LU~·E

in 0445

Postage S f---':'=":"'::"'--i

CJ

CJ CortlnedFee 05

CJ

Postmarlc CJ Return RllClepi Fee He,. (Endorument Required) ~ Restricted Delivery Fee f-->..I<--~6I---i $(). 00 r-'I (Endorsement Required) Total Postage & Fees 1-$-6--. ?a:';';8~.-=:~=---; 01110/2013 iT1 ~ ~~~~--~--~~~~--~--~~---------,

CJ

~ ~~h~~'~~~~Lll.l~~ •••• ~.~~., •••••••••••••••..••••.•••••••••••••.••••••• • •• ·i

*366 I f 7 C===\_' ________ T_r_a_n_s_m __ is_s_io_n __ R_e_p_o_rt_'_· ________ ~ Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE LocallD 2 Local Name 2

This document: Confirmed (reduced sa mple and details below) Document size: 8.S"x11" Elton R. Mathis (979)~n18 (979)!28-T722 Fu

Criminlll Diltrid Altomey 'J'.811er Ccunty ~nuary 2, 2013 Werden Uniled Stale. P."fmntlary ViC10rvllle FCC, P.O. 80. ^[3900] Ad,.lanto, Califomia 92301

In R,., Inmate DOMINIGUE DONrAf lASKER, 22861-289 Requesr for Temporary Custody (lAD Form V) Dear Warden, Pleag lind our county's 'lOquest fort.mpor.lry cCJstody so tNU IMUltl! Oominque Dontae Lask,.r may n.rd 1n.1 fo, Capital Murder In Waller County, TelOs. I ha . . . rtached ClIOrtlfled copies ^[01] the indictments and warrants In this mattl!r. Th,. .. an! no tlnlerprlnls or pttolo!1'aphs because the ee/end.Ilt rle-d Ollr Jurisdiction before arrest. He was ho_ver interviewed by Teras .... n&en th,.re in Califomg. It there is anythlns mort that Is needed tel ncl/lUte this temporary trander, please let me know.

7 rdS / ' /t?

,

~=~~

First Assistant District Attorney

Waller County, T,. ....

*367 Total Pages Confirmed: 8 Start Time Duration 04:04: 15 p.m. 01-09-2013 00:01:41 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive G3: Group 3 PR: Polled remote CP: Completed TS: Terminated by system WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct

.' ( COpy 645 12th Street Elton R. Mathis

(979) 826-771 B

Hempstead, ~xas 77445 (979) 826-7722 Fax Criminal District Attorney 'lfclJler County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, Please find -our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know.

First Assistant District Attorney Waller County, Texas

*368 PAGE B2/B3 RECORDS "09/05/2EH2 B8: 35 IAD rome V - REQUEST FOR TEMPORARY CUSTODY CCFRM MAULt.Q FEB 94

BP-SS68.051

U.S. DEP~T or JUSTICE FEDERAL BUREAU or PRISONS Six copie~. Signed copi •• muet be sent ~o the p~isoner and to the official who has the pr.isoner in custody. A copy should b. sent ~o Lhe Aqr.ement Administrator of both ~h. s.nding and the rec.iving ~tate. Copie • • hould be,retained by the person filinq the requ •• t and the judqe who signs the reque3t. Prio~ to tr~n3f.r under ~hls Aqreement, an InmAte may be afforded a judicial hearing (Cuyler) similar to that provided und~r the uniform Extradition ~ct, in which the inmatQ may bring a limitmd chQllenge to the rec~ivinq etate's requ •• t.

n : To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre~, ljl\J;{::;J 5+>4 t,~ ?e,v 1 i~~.)'fIA'JJ V/c.tonv'd IE f-.CC 'J -:PD· Eo)(.3C10~ A-De(Aqj~)oSJ :001\.11 HE LI'li k~12..12S{,r--1.""', who Please be o!ldvised th"t (Name of Inmate) 150MI i\J I q LA Iii i y an inmate o[ your inst:it:u~ion, is under (indicate appropriate1

indictment J c.. ^[1] t-iAieRtc?lt:ion) in the (Jurisdiction) (-eoIUpl!Int) ,,1 T. "'-'~lleV' COC-4.vty 1-e'J45 , of which I BJT\ the (Title of Prosecuting '5 :DiS"tVlI'c:.. f H' H OY2.J\l~ Officer) Said. inmate i~ ~herein charged with ~he offens g) enumerated below:

1. 1 3 t I - t? {

O.t.t.n.e (_)

(j) Cp. p i-t ~ I Ml.4v.oe v- 1\ - 01 - 13 =1030/ C"" J9 ,'.1 .. ,. ( JkL.\V VI"\- II -0 I - 13 =fO~ j§) ~r I it"'" I propo.se to bring' thh peraon to trial on th1.8 [indicate appropriate) I nd ctment I_ i

II!

r't:Otd~'b:tllt) within the time ~pecitied in Article IV(c) of the AgJ:'eement. In order thac proceeding5 in this matter may b. properly had, I hereby rRque.t temporary cu~tody of such persons pursuant to Article IV(., of thm Agreement on Dat4inere. Attached he~ewith find in triplicateJ a. Certifier:! copies of the complaint, intortrultion or ind.i.ctment b. Certified copies of the warrant c. Certified COp1~5 of !inqerprint2, phocoqraph3 or physical description I hereby agr •• that immed.1ately after trial is complRted in this jurisdiction, I will return the pri.oner directly to you 0= .llow any juriediction you have d~siqn.ted to ~ak. tEmPorary cu~tody. I aqreQ nlso to co l.t. Form IX, The Notice of Dis OSition of Ii Deta.1nar, immediatel after trial. Printed Name and Signatur Date E \ -\.0,,", Q..

tv'\ p.t\...i$ NoV JJ~ J 2012 L-~_,""",-, "1=; 4tf. ~ Telephone No.: Address: ci tylState: LP'i 5" l 'rltz.... S+(~ d \-\ -e ~p s-bEoc:q,) , I ~"i.1t5 q -=i q - 9 2 v - "7 =i 18 I hereby certify that the person whose Signature appears 5bove is an appropriate of.ticer within ·the rnea.ninq of Ar:ticla IV CI) and that the facts recited in this request for tempora cu.tody arR c:orrec~ and tha~ havinq duly racorded said reque~t, r hareby transmit it tor act~on in cordance wi~h ita term and the rovision. of th~ A reftmen~ on Det.iner~. {

Judge's Print~d Name o!lnd Date A I b~V"\ M· f\A.c C~\ IVo V ;2(,J 20/2.. *369 Court .s D (P ~ ::r ~ 0\' C \' ~\ COCJ.v1 Telephone NO. We.. l \~ Cou.- -t 0)1 (,.., (This form may bR ~eplicat.d via WP) "I I " -1 , NO - • __ /_/_-_~,_/_. -__ -_1_'_-J_~ __ _

THE STATE OF TEXAS

IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

-:C,\6 C .. ·JUDICIAL DISTRICT

DOMINIQUE DONTAE LASKER

DOB: 03/2111984 BIM

~ ~I:r Charge: CAPITAL MURDER Section: 19.03 t~ Degree: CAPITAL FELONY

I li~;

INDICTMENT

'r ~I~ ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empaneUed, sworn, charged. and organized as such at the January tenn, A.D. 2011 of the J: 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the llTIf day of MARCH, 2010. and before the presentment of this indictment, in Waller County, Texas. did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting JaneUa Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the llTIf day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the *370 defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury \. C:luse No. 11-0]-13703 TIlE STATE OF TEXAS IN THE DISTRICT COURT OF VS. W ALLE~ COUNTY, TEXAS

DOMINIQUE DONT

AE LASKER S06TH JUD1CIAL

DISTRICT

Black/Male DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before the Honorable S06TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MUL TIPLE, a felony.

. /' . Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock - - - - - - - - - - - - - -

_ _ .m., and executed by arresting _ _ _

At ,in ______ County, Texas, and placing day of __________ _ him/her in the WalJer County Jail on the

I actually and necessarily traveled miles in the service of this writ, in *371 addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

____________ ,Sheriff FEES: Making Arrest ____ ____ County, Texas Mileage miles Taking Bond By: __________ _ Commitment

Deputy

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOl\1lNIQUE DONT AE LASKER \.~L'(["JUDICIAL DISTRICT DOB: 0312111984 81M

~ ~!:i Charge: MURDER Section: 19.02

Degree: FIRST DEGREE FELONY

J ji~~

INDICTMENT

(iIi ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

r ~ ~\ '\....

The Grand Jury for the County of Waller and the State of Texas, duly selected,

empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of th 506 Lb Judicial District Court of said County, upon their oaths present in and to said Court at said term 'that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *372 C<luse No. 11-01-13704 TilE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

S06TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable S06TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

/ Fi ~ Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of ----- --- - - - , at o'clock - - -

.m., and executed by arresting _ ____ _ __ _

At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of __________ _

I actuaJly and necessarily traveled miles in the service of this writ, in *373 addition to any other mileage r may have traveled in the service of other process in this case during the same trip.

__ __ __ ___ __ , Sheriff FEES: Making Arrest County, Texas Mileage miles Taking Bond 8y: ________________ _ Commitment

Deputy THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

wL 1621-JUDICIAL DISTRICT

DOMINIQUE DONT

AE LASKER BIM DOB: 03/2111984

~ _fi

Charge: MURDER

Section: 19.02 Degree: FIRST DEGREE FELONY

~~ ~

INDICTMENT

_ ij §i~' :;, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; _~ ~II:.. .. The Grand Jury for the County of Waller and the State of Texas, duly selected, m I ~1 empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of '\ "- 5061.b Judicial District Court of said County, upon their oaths present in and to said Co 3: at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 111H day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *374 ( Cause No. 11-01-13705

THE STATE OF TEXAS

IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21184

HEREIN FAlL NOT, but make due return hereof to this Court forthwith, showing how you have executed tbe same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRlCIA JAMES SPADA CHENE

WALLER COUNTY,

TEXAS BY:.~e/-?V

/ E J/ Haggard, Deputy SHERlFF'S RETURN CAME TO HAND the day of , at o'clock - - -

----- - - - - - -

__ .m., and executed by arresting _______________ ___ _ At , in ___ ___ County, Texas, and placing him/her in the Waller County JaiJ on the day of _______ . _ _ _

*375 I actualJy and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

____________ , Sheriff FEES: Making Arrest County, Texas Mileage miles - - - - - - -

Taking Bond

By: _ ____ ____ _ _ Commitment

Deputy / . u.s. Department of Justice ., ..... \ .•• ,,' t, Federal Bureau of Prisons ,~ .. /" .. \ Federal Correctional Complex VJ,:tort'ille, l~dlifornlcl ('tticc- ^[1] of th,:.~ l'i'lrt·':-:t.J('In.}l S}·.'itt~11l.'1 January 31, ~on Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506'·1, Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainees Act (IADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article lyra), which expires on DATE) Any court proceedings must occur after this date. *376 Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving StateN (BP-A564) and originals of the JAD Form V (BP-S6El) and lAD FormVl (BP-565). The persons desLgnated as agel1l.s to return LhE: prisoner to your State must also b~ the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of thp warrant when assuming custody of the prisoner.

EXHIBIT

:S1 - If

1;2-1

.' " Page Twc) Lasker, Dominique Dontae PF.:

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e} of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons a~e required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((JULh--' *377 /s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator ( U.S. Department of J usdea Federal Bureau of Prisons Off1c~ of InmiICe Systems Vlcrorvllfl, Callforn'~ 92394

Date: April 9, 2013 From: 1. Kaawaloa Title: Correctional Systems Officer Phone: (760) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL DISTRICT ATTORNEY

Telephone: 979 M 826-7718 Fax: 979·826·7722 SUBJECT: LASKER, DOMINIGUE 22867-289

COMMENTS: I have received your letter that was addressed to the Warden dated 03-20-2013. I will go over it and give Jose Hester. If I need anything I will give you a call.

*378 Thank you, J. Kaawaloa

PAGES (Including Cover Sheet) 1 '-, EXHIBIT· j: - ~ .•. 5+- I /I .. q

09L99E999L

'3a~083~ HI/T9 39IJd Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, "texas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney VValler County May 1,2013

Ms. Linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

*379 Sincerely yours, ~---- Elton R. Mathis Waller County District Attorney

Ene. Cc: R. Glenn Smith

Waller County Sheriff EXHIBIT I 51 :J (

, I '

.~ , IAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM BP-A0564 APR 10

FEDERAL BUREAU OF PRISONS U.S. DEPARTMENT OF JUSTICE Five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing' all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establish~ng their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving State 'Fee. ... l,;J S ~ To: (Administrator and Address) )..'.).4,. -r: ~C!.Greo-J J +~"- .,,0. Boi- _ ~Jf()O

";~.Ia,r..,\n~ C!..A Inmate (Name and Register No.) is confined in (Institution and address) FCC. V ~ c..kor" ~ \\e., 6J"-f \~'l'- - '-' s t> J....A-OS\-t r) VD ~\,,,\L;'e. Do~e.. P.o. So)'- -S.l{O 0 A J. I dol"\. +0

cQ~Sb{- zq~

c::!.. i'lnrl will be taken 1.uLu \.!USLoay at ~aid Inst:itution on (date) for ,State of return to the County of _______ ~~~~~~~k~E~~~--------------------------

Ce)Ctt S '- for trial. In accordance with Article V(b), of said Agreement, I have designated: *380 gent's Department Represented

~71f 1fyA.iW &s&t:.

whose signatures appear below as Agents to return the prisoner.

(Agent's Signature) (Agent's Signature) Dated prOS~~ignature~

~./I-.

f ( ' .. . a. Title - Y/~ I/t/' eo. p.l? d. City/State - Ik",?s ~ ~ rf. '7-''-11 b. Councy - ~t:,lkr e. Telephone No - ,tlfS- rZ -Ii s .frJ.#-? q-r,\ 81.~ .... 7'1 }~ c. Add:re s s - To: (Warden-Superintendent-Director) J,.., ek. -r: Pl.£! a, r 4--""" ( ld:. &or ~ r-- In accordance with the above ~epresentationB and the prov151ons of the Agreement on Detainers, the persons listed above are hereby designated as ~gents for the

-r:€)(.A= S State of to return J...AcS'tt..eR." D{)tvI:P-Q:fivt# 'Dot/ret{ (In~atel s Name ~c1. ~giseer No.)

dt9=8 b 7- ~~ lJ b/SI,(£&! , Stat:e of re::re S' to the county of , tor trial. At the c:nYletion o::the trial (rnrnate) 6ASJ4:{J:!., '])Df"\:&"H%:C;;1..JcF p6Jo./7f19c ~~~- dZ9"!2., shall be retu.ned to the (Institution and Address) : -rt!.e V."c.. -irvln'lle. CofM.-tk)tf - V s P p. D .

I3D)( ~1't) 0 90< '6 0 / A'/~ !~~) ctlf Dated a. Name -,t Cl \\l\n\-5~\ \\E?,~Sml

c. City/State

b. Address ~' .. D...t-\.l C\C'\ *381 d. Telephone No. C\&.o- 46l)-~4~ l D ()U PDf' ~rescr1bed by P5875 2 09L90E91il9L sa~m3C! t:>B/v0 39!;;,d ( ( *382 I i

I !

.J

\ \ - D 1- I ?/10 3

Cause No.

) 1--2' - I .~ 704-

STATE OF TEXAS

IN THE DISTRICT COURT rl~I-/~'7DS v. § WALLER COUNTY, TEXAS § "D':2rn i ",', if! '" J::x,w/a 6 W:bkec 506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

.-ft):OO a.m. 2. MOTIONS & PLEAS /,'80 All parties and Counsel shall be present and prepared to discuss all issues allowed f under C.C.P., Art. 28.01.

.2-//--/1 V ~ HEARINGS&BENCHTRIALS(X~

3.

£/5 (fum /-/0- / 1 IJ~ Cj:DO *383 4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered w'Jved. 5. lOiOO a.m. PRETRIAL HEARING

q;oo

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant

will announce whether the case will plead or if a triill is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ ---L-I_/--'~"'-.,----:..l-li-· ___ _ , replacing prior Scheduling Orders. Counsel for State Defendant's Signature

ALBERT M. McCAIG, JR., Judge Presiding Gold--Defendant's Attorney Pink--Defendant YelIow--State

CAUSE NO. 11-01-13704

r-.J -.... c:::J ~

I - -_

THE STATE OF TEXAS IN THE DISTRICT ICOUItf OF--::::; § § ~ ~~ CJ - -~-:-; WALLER COUNT¥ T E 'Je A S- ~: = VS. § .... - ~. ___ I 506TH JUDIC~STi)C'::i c DOMINIQUE DONTAE LASKER : - ~ ~ .- DEFENDANT'S FIRST MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his attorney, Frank Blazek, and submits this his First Motion for Continuance, and would show the Court the following:

1. This cause is set f?r Motions and Pleas on January 22, 2014. 2. Defense Counsel, Frank Blazek, is scheduled for trial beginning January 21,2014,

in Cause No. 25,790 - The State of Texas v. Plato August Splawn, Jr., in the 12th Judicial District Court of Walker County, Texas. The case is first on the docket. The charge is attempted capital murder and it is anticipated that the trial will continue through the end of the week and possibly *384 into the next week.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court grant a continuance to Friday, February 7, 2014, at 1 :30 p.m. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [ r] By: ______ ---:-~--=--::----_+_-

Frank Blazek State Bar No. 02475500

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1 C:\FB\CRlM )C-O\Lasker.DD.81 075\11-01-13 704\Continue.00 I.wpd

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

*385 DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2 C:\FB\CRIM_K-O\Lasker.DD.81075\II-OI-13704\Continue.OOl.wpd

VERIFICATION

THE STATE OF TEXAS § § COUNTY OF WALKER § BEFORE ME, the undersigned Notary Public, on this day personally appeared FRANK BLAZEK, who, being by me duly sworn on oath deposed and said that he is the Attorney for Defendant in the above entitled and numbered cause; that he has read the Motion for Continuance; and that the facts stated therein are true.

F:2f!l

SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day ofJanuary, 2014, to

certify which witness my hand and official seal. *386 ~~ul~~PA~~

Notary Public, State of Texas

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3 C:\FB\CRIM _ K·O\Lasker.DD.B1 075\11-01-13 704\Continue.00 I.wpd

(

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregoing Defe;'!:dant's First Motion for Continuance has been forwarded to opposing counsel on this the .~y of January, 2014, by facsimile to 1~979-826-7722, addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

*387 DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4 C:\FB\CRIM _K·O\Lasker.DD.81 075\II.OI-13704\Continue.001.wpd

CAUSE NO. 11·01·13704

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS . § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on thec2!..ld- day of January, 2014, came on to be considered the above and foregoing Motion for Continuance. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

K GRANTED, and the present cause is hereby continued until Ieb( ~ c:urLJ 7 2014, at 1 I,·V {l.m.1

() DENIED, to which ruling the Defendant excepts.

SIGNED: Y~u..7 ,2-~ ?-o ('I

C:\FB\CRlM )(-O\Lasker.DD.81 075\11-0 I-I 3704\Continue.00 I.wpd

*388 (

CAUSE NO. 11-01-13704

THE STATE OF TEXAS § IN THE DISTRICT Ornq;O&-~ :"! :.f) rrJ § co

~'~--I

T E Jf-A S~:?-;l VS. § WALLER 0 c

;;;~:I

§ - - r. DOMINIQUE DONTAE LASKER 506TH JUDIC -< ISTIDc'f~.no § - -- fTl ---,p:,.~- ;:;~ ....... I MOTION TO SUPPRESS CONFESSION I TO THE HONORABLE JUDGE OF SAID COURT: Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress Confession, and for cause would show the following:

1. Defendant would show that the State intends to offer an alleged confession of the Defendant; that said confession was taken without his attorney being present, in violation of the Defendant's right to have his attorney present to consult with under Article I, Section 10 of the *389 Constitution of the State of Texas and the 6th Amendment of the United States Constitution; that said confession was taken involuntarily from the Defendant in response to threats, in violation of his right to remain silent as protected by Article I, Section 10 of the Constitution of the State of Texas and the 5th Amendment of the United States Constitution; that said confession was taken in violation of his right to due process as protected by the 5th and 6th Amendments of the United States Constitution and the 14th Amendment thereto; and that said confession was taken in violation of his right to due course of law as established by Article I, Section 19 of the Texas Constitution. Admission of said confession would be in violation of Article 38.22 and Article 38.23, Code of Criminal Procedure.

MOTION TO SUPPRESS CONFESSION

PAGE 1 C:\FB\CRIM_ K-O\Lask.r.DD.81 075\1 1-01-1 3704\Suppr.ss.001.wpd

( made. Such statements by law enforcement on the recording constitute a spealdng offense report and are inadmissible hearsay. To the extent that they are a statement of what they contend the Defendant told them, they constitute a violation of Code of Criminal Procedure Art. 38.22, which requires that' Defendant's statement be recorded, not the officers' verbal account thereof.

WHEREFORE, PREMISES CONSIDERED, the Defendant would urge this Court to set this hearing prior to trial and that, at the conclusion of that hearing, any conJession or statement by the Defendant, whether written, oral, or otherwise, and the recorded statements by peace *390 officers during the interview wherein the officers recount evidence against the Defendant and state their version of what the D"efendant has told them proffered by the State be suppressed and the State be ordered not to refer to, or introduce, any such confessions or statements by the Defendant in the presence of the jury.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

J}m

By __________________ _

Frank Blazek State Bar No. 02475500

MOTION TO SUPPRESS CONFESSION

PAGE 2 C:\FB\CRIM _ K·O\Laskor.DD.81 075\1 I-OI-13704\Suppross.001.wpd

f11

William F. Carter

State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoin;g Motion to Suppress Confession has been forwarded to opposing counsel on this the 7th day of February, 2014, by facsimile to 1-979-826-7722 and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

*391 Frank Blazek

MOTION TO SUPPRESS CONFESSION

PAGE 3 C:\FB\CRlM_K-O\Lasker.DD.81 075\II-OI-13704\Suppress.OO l.wpd

CAUSE NO. 11-01-13704

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the _ _ day of __ ____ , 2014, came on to be considered the above and foregoing Motion to Suppress Confession. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED.

() DENIED, to which ruling the Defendant excepts.

SIGNED:

JUDGE PRESIDING

*392 C:\FB\CRIMJ(.O\Lasker.DD.81 075\1 1·01· I 3704\Suppress.OOI .wpd 506 th Judicial Di~ .. iict Court

Albert M. McCaig, Jr., Judge

Court Coordinator www.CourtS06.com Susie Schubert

Court Reporter Robyn S. Wiley Grimes County

April 4, 2014 Waller County 836 Austin Street, Suite 307 Hempstead, Texas 77445 Fax: 979.826.9149 Ofe: 979.921.0921

Notice of Preferential Trial Setting Waller County Frank Blazek Attorney at Law 1414 11th Street Huntsville, Texas 77340 William Carter Attorney at Law 108 E. Wm. J. Bryan *393 Bryan, Texas 77803 Honorable Elton Mathis Criminal District Attorney Waller County, Texas 645 12th Street Hempstead, Texas 77445

Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705 State of Texas vs Dominique Dontae Lasker 506 th Judicial District Court of Waller County, Texas Motions: October 6, 2014 at 9:00 a.m. Jury Trial Setting: March 30, 2015 at 9:00 a.m.

~{~k~

SUSIE SCHUBERT

Court Coordinator

c: District Clerk 1 \-0 \- 1'~10")

Cause No.

II-~I- 13'701

IN THE DISTRICT COURT

STATE OF TEXAS II --() I - /'~ '70S § WALLER COUNTY, TEXAS v. \2:M; D 'I 'fI le. ~ LCL'S fer

§

506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.0) of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows:

1:30 p.m. ARRAIGNMENT 1. 9:00 a.m. MOTIONS & PLEAS 2.

All parties and Counsel shall be present and prepared to discuss all issues allowed under c.c.P., Art. 28.0 I. HEARINGS & BENCH TRIALS

3. *394 4. On or before JO-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived. PRETRIAL HEARING 5. 9:00 a.m.

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the ease will plead or if a trial is required, and whether trial is to the Court or to a jury.

At the Pretrial hearing all motions and other maners not previously ruled on will be heard. All parties must file and serve on opposing eounsclthe following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. further, all counsel shall advise the Court of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities.

9:00 a.m. JURY TRIAL 6. Final trial date & time will be set immediately after Ihe Pretrial hearing. Defendant bas received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ 4_· _~_J+_---L-I_±~ ____ , replacing prior Scheduling Orders.

Frtuf\-K ~ltLzeL Counsel for State Coun~el for Defend~t Defendant's Signature £t- D,H~GJJta ALBERT M. McCAIG, JR., Judge Presidirtg Gold--Defendant's Attorney Pinko-Defendant YeJlow--State Copies: White--Clerk i 113 97?-826-772J. 11 :22~?'l a.m. 04-08-2014 Waller County DA (

GAUSE NO. 11-01-13703

CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § WALLER COUNTY, TEXAS VS. § § 506TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER § AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS TO THE HONORAJ3LE JUDGE OF SAID COURT: Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attomeys of record, with the consen t and approval of the state of T e:xas. and submits this his Agreed Motion for Transcription of Pretrial Hearings and for cause would show the Court the following: Defendant intends to apply for a writ of mandamus with the appellate courts of

1. *395 Texas seeking dismissal of this cause in accordance with the Interstate Agreement on Detainers. The Court's denial of that motion is based on the events and stipulations that occurred at various pretrial hearings. Any application for such a writ 'will require that those hearings be transcribed. UnderSigned counsel certifies that he has consulted with Assistant District

2. Attorney Fred Edwards and the State agrees that Ulese hearing be transcribed. VYHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court win Order the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and defense counsel. AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS

PAGE 1 C;\"1oGl..rofUICIlII"U~·0\UJl.a.DD,aI075\II.QI·1l70Cl CMlfoo!"U .. CDT T.........nr"" ... rr.:U;a! Rarin"'''I'd 979-826-7722 11:22:41 a.m. 04-0B-2014 2/3 Waller County DA Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9. 784 [T~J1COP' r]

),1 /j 1

I

By / . Frank Blazek State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

*396

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motioll for Transcriptioll of Pretrial Hearillgs has been fotwarded to opposing counsel on this the '("(oK-day of March, 2014, by f.a,csim_.jI~tg~1 .• 9~7~W·i and ad~rcssed as follows:

,J .. \0\(.I..-L1(. "\c':)1"" J., (,L.t .. OttA C~.· (-{- o~ /(nJcl.\- • .ljj (~?:, (".J,) J.L 1..>-.(.'",(1'""'-("'1 ,u::;, Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek AGREED MOTION FOR TRANSCRJPTION OF PRETRIAL HEARINGS PAGE 2 C:\,Nfl.Skart\fB'I£:RJM .. K.CN..&,hr.DD.Il07S\II.OI·1l70J CM\MoUan 'ar Trtn,mr'.lr," q' ~ttlal HCalln","1~

('17 11 :22:48 a.m. waller LounTY LJA 04-·08-2014 3/3 ~',/:I-OlO-' I ~l ( I

CAUSE NO. 11·01·13703 CAUSE NO. 11·01·13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X AS § DOMINIQUE DONTAE lAS'I<ER § 506TH JUDICIAL DISTRICT

ORDER

jJ BE IT REMEMBERED, that on the ,/~ day of d.-I;-/,' ,2014, came on to ! 7 be considered the above and foregoing Agreed Motion for Transcription of Pretrial Hearings. Aft~;;J,nslderatlon of the same, It Is the opinion of ~e Court that Defendant's Motlo~ be: (Y!lYS GRANTED, and the Court Reporter IS hereby ORDERED to transcribe the pretrial hearings heJd herein and provide copies to the State and defense counsel.

*397 () DENlED, to which ruling the Defendant excepts. ,,/)~ / c:; SIGNED: ,2014.

I

;:J;::: 4. Eu ..;)C\J1/:J) Elton Mathis A5 f Criminal District Attorney Waller County, Texas By: __________ _ C:\NrtSh,,,,\FD\CRlM_K·O\l ... ktr.DD.BI07S\II.oI·1 370J CM\o\Iorion (or TWlJcrtprJon D( 1'",111.1 Heartns'.wpd

CAUSE NO. 11-01-13704

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the I (f< day of R.&1u...~ ,201f. came on to be considered the above and foregoing Motion to Dismiss. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

GRANTED, and the indictment is hereby dismissed with prejudice. DENIED, to which ruling the Defendant excepts.

,201~ t?lfh ovt;[t ru.-kd IJM *398 C:\FB\CRlM_K-O\Lasker.DD.BI 075\II-OI-13704\Motion to Dismiss.002.wpd /'-19 ," '

CAUSE NO. 11-01-13704

THE STATE OF TEXAS § IN THE DISTRlCT § VS. § WALLER COUNTY, § DOMINIQUE DONTAE LASKER § DISTRICT 506TH JUDICIAL MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion to Dismiss for Violation of the Interstate Agreement on Detainers and for cause would show the Court the following:

I. On February II, 2014, a hearing was held in this Court concerning Defendant's *399 First Amended Motion to Dismiss. In that motion Defendant argued that the State had violated the 180-day rule of the Interstate Agreement on Detainers (IADA). That rule requires the State commence the trial of the charge within 180 days of receiving a request for speedy disposition of a detainer. Tex. Code of Criminal Procedure Art. 51.14, Art. III (a). At the February hearing, the State argued that the two requests for speedy disposition made by Defendant were deficient and that the 180-day rule did not apply, but that the 120-day rule of Art. IV (c) of the IADA applied. This motion is intended to make clear that, assuming arguendo that the 120-day rule applied, Defendant is still entitled to a dismissal under the IADA.

2. At the February hearing the follOwing facts were established by stipulation, by clear documentation in the Court's file or the transcription of notes from the pretrial hearings: a. Defendant was indicted in this cause on January 27,2011.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.B 1075\11-0 1-1 3704\Motion to Dismiss for Violation of IADA.wpd

b. Defendant was sentenced to federal prison on December 16, 2011, on an unrelated charge. c. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a first request for speedy disposition which was received by the Court on July 16,2012, and the District Attorney on July 19, 2012.

d. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a second request for speedy disposition which was received by the Court and the District Attorney on February 8,2013. The second request was mailed by certified mail.

e. The State of Texas acquired Defendant's presence in Waller County on May 24, *400 2013. f. On June 4,2013, Defendant appeared in Court and was appOinted counsel after his indigency was determined. The Defendant informed the Court that he had motions on file and wanted them to be heard. The Court informed him they were not scheduled to be heard at that time and that he needed to consult with his attorney before proceeding.

g. The next court date was September 9, 2014. At that hearing Defendant invoked his rights to a speedy trial under the !ADA. On that day the Court granted the State's motion for continuance based on the delay in getting the Defendant from the federal authorities, the seriousness of the charge, the availability of providing adequate and competent counsel and the complexity of the case.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 2 CINetShareIFBICRlM_K-O\l..asker,DD.BI075111-01-13704IMotion to Dismiss for Violation oflADA.wpd

/5/

(

3. If either of Defendant's requests for speedy disposition is deemed sufficient, then the 180-day rule applies and Defendant is entitled to a dismissal because the 180 days lapsed before the continuance was gran~ed.

5. Defendant believes it was necessary to file this motion because, although the 120- day rule was invoked on September 9, 2013, Counsel for Defendant only invoked the lBO-day rule at the February 11, 2014 hearing. Counsel did not want to waive any right to a dismissal for violation of the 120-day rule should it be determined that 180-day rule was nm applicable.

*401 6. Defendant believes that it is appropriate for the Court to rule on this motion by submission. The relevant facts are clearly developed in the record and the prior court hearings have been transcribed for review'.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By .?J /!1

Frank Blazek

State Bar No. 02475500

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 3 C:\NetShare\FB\CRIMJ<.O\Lasker,DD.8 I 075\1 i-Ol-13704\Motion to Dismiss for Violation of IADA.wpd

( ( William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion to Dismiss for Violation of&he Interstate Agreement on Detainers has been forwarded to opposing counsel on this the ~\iay of July, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney *402 645 12th Street Hempstead, Texas 77445

Frank Blazek

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 4 C:\NetShare\FB\CRIM_K.O\Lasker.DD.81075\II-OI-13704\Motion to Dismiss for Violation ofIADA.wpd

CAUSE NO. 11-01-13704

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the l'fItuay of __ ~ __ A+-7' ___ ' 2014, came on to be considered the above and foregoing Motion to Dismiss for Violation of the Interstate Agreement on Detainers. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

GRANTED, and the indictment is hereby dismissed with prejudice. *403 DENIED, to which ruling the Defendant excepts.

7:C Ij-- SIGNED: --9-+.,-~~---' 2014. CINetShareIFB\CRI1>.I_K-OlLasker.DD,SI07S\II-OI-1370-l\'\\otion to Dismiss for Violation of IADA.\\'pd Attorney Fee Voucher 4. Proceedings 2. County 3. Cause Number Offense ~SdiCtiOn District OCounty []Trial-Jury OTrial-Court 11,0(- jj'103 CtL{iJ.- ,,-_L rVu,(xd.i'i l[):ULeY' OCounty Court at Law Gu . "',s n-OI-/~104 f'y'U..:..,'( cit /r []Plea-Open OPlea- Bargain I I'vA f;. •

S-{)?~

Court # []Other ll-cJl- 13')O~ rY\.u...n::Le( 5. In the case of: l"J)orvri Y'l~o.l1£- DS-y\JQU (as{:L/

State of Texas v

6. Case Level \.. ~ Felony I 0 Felony II o Felony III o FelonySJ o Misdemeanor o Juvenile o Appeal [J Capital Case o Revocation - Felony 0 Revocation - Misdemeanor ONo Charges Filed 0 Other 7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone

Applicable) hd./\l,(G uS(ct~ ;;LCZS - ~~-/- Smither, Martin. Henderson & Blazek, P.c. 1414 11th Street 8. State Bar Number 8a. Tax ID Number II. Fax Huntsville, Texas 77340 O;;}(( '/ S. soo ~C; <f -Cj7 '?'V 7& -05/) LJ 'ZG / 12. Flat Fee - Court Appointed Services 12a. Total Flat Fee $ 13. In Court Servi.ces Hours Dates 13a. Total In Court ?It (UIlL-Lttl A I:J,.. f) Compensation. *404 I Total hours J~ 00 (]0 sa~O(~our= i:J.. $ L-tl , 14. Out of Court Services Dates 14a. Total Out of Court Hours 'OJ.. L If':{TU 1 ru .£.. Compensation. I T'ql hours ~f6f~our= $iq~JO U0 l. I IS. Amount 15a. Total Investigator Investi~ator Expenses $ 16. EXJl..ert Witness Amount 16a. Total Expert Witness Expenses $ 17. Other Litigation Expenses Amount 17a. Total Other Litigation Ex~~ses <;:

_~U r(V1 ('/ I 1/\ J .t / $ s.'i- S; 18. Time Period of service Rendered: From tel<ol "3 to I[lti!i: Date Date fd Expenses C!airned 19. Additional Comments 20. Total Compensation Stat, ofT,,,,,,. Th' romp,",,"on ond '"'P=~ 'rry\""1' to pro';d, df,oIivo ""~" of 0000'"

, ~/41 'f. sS: 21. Attorney Certification - I. the undersigned attorney. certify that the above information is true and correct and in accordance with the laws of the 7 - I « I 4' OFina\ Payment ~artial Payment / /, Signature v Date - 21SIG"k?i;:/M~ J '1;7:;;¥~'p / ReasCJ'fi(s) for Denial or Variation Adopted 10/23/02 - Task Force on IndIgent Defense GAPIT AL GRAPHICS INC, 1-800-769-2030 IC;~ I 0 ~r::;q _O'Clock e M • >t' ' r f F I

AT

" - 'nuclA JAM1~ SPADACHBNB ( WALLER COUNTY,1"EXAS 1 t) BY DEPUTY No. 11-01-13703, No. 11-01-13704 and No. 11-01-13705 - The State of Texas v. Dominique Dontae Lasker; In the 506th Judicial District Court of Waller County, Texas

Date Description Time In-Court: 9-9-13 Court appearance (motions) 4.00 hrs. 11-4-13 Court appearance (motions) 4.00 hrs. 2-11-14 Court appearance (motions) 4.00 hrs.

Total In- Court 12.00 hrs. Out-of Court:

6-6-13 Telephone conference with Judge McCaig .25 hr. *405 6-9-13 Review internet accounts; visit client in jail 5.00 hrs.

6-10-13 Telephone conference with potential co-counsel .25 hr. 6-11-13 Telephone call to DA (left message); search internet for

information regarding client 1.00 hrs. 6-13-13 Telephone conference with DA .50 hr. 7 -11-13 Telephone conference with potential co-counsel .50 hr. 7-12-13 Motion for Appointment of Attorney as Co-Counsel in

each case; Waiver of Arraignment and Entry of Plea of Not Guilty in each case 1.50 hr.

7 -15-13 Telephone conference with client's wife; telephone conference with client's California attorney .70 hr. 7-23-13 Call to jail for booking information .30 hr. 8-27-13 Telephone conference with ADA Edwards .25 hr. 8-28-13 Telephone conferences (2) with DA; telephone

conference with co-counsel; visit client; visit with DA and ADA Edwards; letter from client 8.00 hrs.

C:\Ne,Sh.,..,\FB\CRlM _ K-O\Lasker.DD.S i 07 5\S,.,emenLOO i.,,-pd Date Description Time 8-30-13 Telephone conference with client's wife; receive and review State's Motion for Continuance; State's Motion for Competency Evaluation; State's Motion for Discovery of Expert Witnesses and State's Notice of Intention to Seek the Death Penalty 2.00 hrs.

9-3-1'3 Telephone conference with client's wife .3 hr. 9-4-13 Visit Clerk and obtain copies from file; telephone

conferences (2) with DA; visit client at jail; telephone conference with client's wife 8.00 hrs.

9-6-13 Motion for Disclosure of Favorable Evidence; Motion to Dismiss 2.00 hrs. 9-11-13 Letter from client .25 hr. 9-24-13 Work on IADA time line 3.00 hrs. *406 9-25-13 Telephone conference with District Clerk's office;

telephone conference with DA; telephone conference with co-counsel; visit client in jail; pick up copies of documents from District Clerk; receive and review discovery 8.00 hrs.

10-4-13 Letter from client .25 hr. 10-8-13 Review confession (audio) of January 12,2011 2.00 hrs. 10-9-13 Continue listening to audio of confession; letter to co

counsel 2.00 hrs. 10-10-13 Telephone conference with Craig Davis; telephone conference with Brody of Federal Bureau of Prisons; letter to Federal Bureau of Prisons 1.5 hrs .

10-16-13 Letter from client . 25 hr. 10-23-13 Telephone conference with client's wife .25 hr. 10-28-13 Telephone conference with co-counsel .25 hr. 1.50 hr. 10-29-13 First Amended Motion to Dismiss in each case 10-30-13 Telephone conference with potential investigator; .30 hr.

telephone call to co-counsel' s office 11-1-13 Meet with client and co-counsel at jail 4.00 hrs. C:\No,Sh.re\FB\CRllv!_K-O\Lasker.DD.81 07 5\5,.«mont.00 I.wpd Date Description Time 11-4-13 Telephone conference with potential expert .25 hr. 11-6-13 Letter to DA (w/proposed stipulations) 1.00 hr. 11-7-13 Telephone conference with potential expert; exchange

emails with DA; Ex parte motions for funding for experts 1.00 hr.

11-11-13 Telephone conference with potential investigator .30 hr. 11-12-13 Letter from client .25 hr. 11-13-13 Letter to client; letter to DA (with additional proposed 1.00 hr.

stipulation) 11-14-13 Telephone conference with potential investigator; telephone conference with co-counsel .50 hr. 11-17-13 Ex parte motion for funding for expert assistance .25 hr. *407 11-18-13 Telephone conference with co-counsel .25 hr. 11-19-13 Telephone conference with ADA Edwards .25 hr.

12-4-13 Telephone conference with potential investigator; email to co-counsel; telephone conference with ADA Edwards; telephone conference with co-counsel 1.00 hr.

12-16-13 Telephone call to ADA Edwards; left detailed message N/C 12-17-13 Telephone call to ADA Edwards; left voice mail N/C 12-31-13 Letter to DA .25 hr.

conference with client's wife; telephone conference with expert 1.00 hr.

2-4-14 Telephone conference with ADA Edwards; telephone .30 hr. message to client's wife re: hearing schedule C:\NetSh.r<\FSICRJl\,l_K·OlLask.r.DD.S 1 07 5'.St.t<m.nt.OO 1. wpd ( Date Description Time 2-7 -14 Motion to Suppress Confession in each case 1.00 hr. 2-10-14 Listen to audio statement; receive and review State's Response to Defendant's Motion to Dismiss 5.00 hrs. 2-14-14 Letter from client .25 hr. 2-18-14 Letter to client .25 hr. 3-4-14 Telephone call to ADA Edwards, left message N/C

3-10-14 Letter from client .25 hr. 3-11-14 Letter to client .25 hr. 3-12-14 Telephone conference with ADA Edwards .25 hr. 3-18-14 Prepare Agreed Motion for Transcription of Pretrial

Hearings; instructions to staff 1.00 hr. *408 3-19-14 Telephone conference with client's wife .25 hr. 3-27-14 Telephone conference with expert .25 hr. 3-31-14 Telephone conference with ADA Edwards .25 hr.

5-9-14 Telephone conference with expert .25 hr. 5-27-14 Telephone conference with client's wife; telephone call and email to court coordinator .40 hr. 6-12-14 Telephone exchange client's wife .25 hr. 7-1-14 Telephone call to Attorney Victor Amador .25 hr. 7 -3-14 Research re: Mandamus; drafting motion 4.00 hrs. 7-7-14 Research re: Mandamus; drafting motion 4.00 hrs. 7 -8-14 Research re: Mandamus; drafting motion 4.00 hrs.

C:INetShare\FB\CRl; .... l_ l(·O\Lasker.DD.S 1 07 5\Statement.OO l.,,-pd {~9 Date Description TotalOut-of Court 91.10 hrs.

Expenses: Date Description Amount 6-9-13 Mileage expense (160 mi. @ $0.565/mi.) $ 90.40 7-12-13 Postage 6.80 7-31-13 Photocopies for the month of July, 2013 (61 @ $0.20

ea.) 12.20 *409 8-28-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 9-4-13 Mileage expense (160 mi. @ $0.5 65/mi.) 90.40 9-10-13 Postage 1.92 9-25-13 90.40 Mileage expense (160 mi. @ $0.565/mi.) 9-30-13 Photocopies for the month of September, 2013 (167

@ $0.20 ea.) 33.40 10-3-13 Postage 1.12 10-9-13 Postage 2.84 10-29-13 Postage 4.56 11-1-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 4.42 11-4-13 Postage 11-4-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 11-6-13 2.64 Postage 11-7-13 Postage 3.10 11-8-13 4.10 Postage

11-13-13 Postage 2.38 C:\NetShare\FB\CRI~l_K·O'.Lasker.DD.S 1 07 5\Statement.00 1.\\l'd { 11-30-13 Photocopies for the month of November, 2013 (253 @ $0.20 ea.) 50.60 12-31-13 Photocopies for the month of December, 2013 (40 @ $0.20 ea.) 8.00 12-31-13 Postage 2.64 1-13-14 Postage 1.58 1-17-14 Postage 4.96 1-20-14 Postage 2.38 2-7-14 Postage 4.83

2-11-14 Mileage expense (160 mi. @ $0.56/mi.) 89.60 2-11-14 Postage .69 *410 2-28-14 Photocopies for the month of February, 2014 (253 @

$0.20 ea.) 50.60 7-11-14 Postage 16.79 Total Expenses $854.55

CAUSE NO. 11-01-13704

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT NOTICE TO PREPARE REPORTER'S RECORD TO: ROBYN WILEY, OFFICIAL COURT REPORTER OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and makes this request, in writing, for the Court Reporter to prepare an official Reporter's Record to be used for the Petition for Writ *411 of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14- 00630 styled In re Dominique Dontae Lasker A designation of the material requested is as follows:

1. All pre-trial hearings in Cause No. 11-01-13704 including, June 4, 2013; September 9,2013; November 4,2013; and February 11,2014; and 2. All exhibits used, marked, offered, and/or admitted during any proceeding of this cause; Applicant has been determined to be indigent for purposes of this proceeding and the cost of preparing the Reporter's Record, if any, will be paid by the Treasurer of Grimes County, Texas. A copy of this request has been filed with the Clerk of said Court and another copy served on the attorney for the State. ~ ~

C=»

I

..tt;.- . 0 Respectfully submitted, o~ M r.lu; (/) rrt -0 7.1-f

0 ;0 - " On- I SMITHER, MARTIN, ., c ..... r e,.;) z HENDERSON & BLAZEI~ :>.C. fT1 -\no ;:::.. :<::;; 1414 lIth Street ::r.:: ... m:x - Huntsville, Texas 77340 I -f:::O >< (936) 295-2624

W

1> en (936) 294-9784 Telecopier] !

(J)

By =-----:?J~II___+___

Frank Blazek

State Bar No. 02 5500

NOTICE TO PREPARE REPORTER'S RECORD

PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.8I075\Mandamus\Notice to Prepare Reporters Record I 1-01-1 3704.wpd

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Desig?la{ion Items to Be Included in the Record has been forwarded to opposing counsel on this t.he ~~y of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

*412 Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445 Frank Blazek

NOTICE TO PREPARE REPORTER'S RECORD

PAGE 2 C:\NetShare\FS\CRIM _ K-O\Lasker. 00.8107 5IMandamus\Notice to Prepare Reporter's Record 11-0 1-13704.wpd

/!F3 CAUSE NO. 11-01-13704 THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E XA S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD TO THE HONORABLE JUDGE OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and requests that the following instruments be included in the record for the Petition for Writ of Mandamus pending in the *413 First Court of Criminal Appeals under Cause Number 01-14-00631 styled In re Dominique Dontae Lasker: All pleadings and documents on file in Cause No. 11-01-13704, including: Indictment; 1. 2. Notice and Demand to District Attorney!Prosecutor for Trial or Disposition of Warrants ,

Informations, Detainers or Indictments by Federal Prison dated July 2,2012; 3. Notice of Imprisonment. and Request for Speedy Trial and Final Disposition dated July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM"; 4. lAD - Placement of Imprisonment and Request for Final Disposition datenanuag 30~ 2013; :&= r- ,.... r-o -40-. ....., ,.,,- oS~ ~ ~~ Certificate of Inmate Status dated January 30,2013; 5. ~ t- , (")~.." w g (");::: c: 6. lAD - Offer to Deliver Temporary Custody dated January 30, 2013; ~ ~ ~~g :x: :<~ _ -f:;:O

7. Order Appointing Counsel dated June 6, 2013; ••. rrJ~ >< W U1 l> en

8. Defendant's First Amended Motion to Dismiss dated October 29,2013; 9. State's Response to Defendant's Motion to Dismiss; 10. Order dated July 2,2014, although ruled on March 11,2014, denying Defendant's

Motion to Dismiss; 11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement on Detainers filed July 14, 2014;

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

PAGE 1 C:\NotSharo\FB\CRIM _ K·O\Laskor.DD.81 07 5\Mandamus\Designation of Rocord I 1·01·13 704.wpd 12. Notice to Prepare Reporter's Record; 13. Designation of Items to be Included in the Record; 14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;

and 15. Docket Sheet. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th S treet21 0 Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [TelecopierJ *414 By Frank{:21l4

State Bar No. 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [TelecopierJ ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing D~ation Items to Be Included in the Record has been forwarded to opposing counsel on this th ~ay of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek PAGE 2 I b~

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

C:\NetSh.,.,,\FB\CRIM _ K·O\Lasker.DD.81 07 5\Mandamus\D.,ign.tion of Record I 1-0 1-13704.wpd

No. 11-01-13703, 11-01-13704 and 11-01-13705 -< THE STATE OF TEXAS § IN THE 506th DISTRICT Cl VS. § COURT OF ~ (~ .>0 c - f -<

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXA

rn ;);C x

STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISl\t(lSS ~ ~

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas by and through the undersigned *415 Assistant District Attorney and submits this STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS and would show as follows:

FACTS:

Stanley Ray Jackson and Janella Edwards were found murdered in their residence in Brookshire, Texas in the early morning hours of March 10, 2010. Both Edwards and Jackson had been shot in the head with a firearm. A lengthy investigation ensued whereby it was discovered that Dominique Dontae Lasker was home on leave from the United States Marine Corp during the time that Edwards and Jackson were murdered. Lasker had lived with Edwards and Jackson at times during his childhood. It was also determined through an FBI firearm analysis that a firearm used in a October 30, 2010 bank robbery in California was the same firearm used to

. murderEdwards and Jackson on March 10, 2010. The firearm used in the bank robbery was in the possession of Dominique Dontae Lasker. Lasker was interviewed

1 by Texas Rangers while he was being held in California and confessed to the murder of Edwards and Jackson. Lasker was indicted by a Waller County Grand Jury of two counts of murder and one count of Capital Murder on January 27,2011 and although it is not clear from the court's records, the State presumes that a detainer was issued a short time after indictment asking that Lasker be held to stand trial here in Waller County.

While the murder charges were pending in Waller County:, Lasker was *416 sentence to one hundred and twenty-one (121) months imprisonment in a Federal penitentiary on or about January 30,2013 for the California bank robbery charges.

On July 19 t \ 2012 the State received a "Notice and Demand to District Attorney for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisoners, " presumably under Tex. Code Crim. Proc., Art. 5l.l4, Art. III. It appears that the motion was received by the Waller County District Attorney's Office via standard U.S. mail directly from Lasker without participation or knowledge of the Federal Prison authorities and not certified mail as required by Tex. Code Crim. Proc., Art. 51.14, Art. III. The motion did not contain the requisite certificate from the warden of the holding authority and in its failure did not contain any of the required information such as date of parole eligibility, good time calculation, decisions of the parole board,. time remaining to be served and time already served by the prisoner.

2 /h7

On August 31, 2012, Waller County requested and received lAD Form

V from Ed Perez, an administrator for the Federal holding facility. The State intended to bring Lasker back to Waller County in accordance with Tex. Code Crim. Proc., Art. 51.14, Art. IV.

On January 2,2013 the State sent a request to the Warden of the holding authority for temporary custody of Lasker. This request included copies of the indictments and warrants as well as IAD Form V, "Request for TemporaIY Custody." *417 Of note is the inclusion of a signature block for the Judge of this Court on lAD Form

V.

On January 31, 20 13 (the actual date of receipt is unclear but the letter was presumably written on January 31,2013), Waller County received a response to its request for temporary custody of the inmate advising Waller County that the inmate had waived his thirty day notice to object to the temporary custody. The Warden further advised that yet another form (IAD Form VI, "Evidence of Agent's Authority to Act for Receiving State), would be required along with signatures of the actual agents who would eventually pick up the prisoner.

Also attached to the above were IAD Forms "Notice of Untried Indictment", "Placement of Imprisonment", "Certificate of Inmate Status" and "Offer to Deliver Temporary Custody." The effect of these Forms was to make a demand on Waller County, State of Texas to bring the inmate back to Waller County for trial

3 /fv{

in accordance with Article III of the Interstate Agreement on Detainers Act. This

notice was delivered on or about February 8, 2013. It should be noted that the Certificate of Inmate Status was not in compliance with Article III in that (1 )it left blank the date of parole eligibility and (2) left blank any mention of decisions that mayor may not have been made by the parole board concerning the inmate.

On April 8, 2013 Waller County received by FAX a copy of the request lAD Form VI from the Federal Warden. *418 On April 17, 2013, Waller County sent lAD Form VI to the Texas lAD administrator, Donna Bell. On May 1,2013, Waller County forwarded on lAD Form VI that had now been signed by the Texas lAD Administrator to the Federal Warden. Lasker was returned to Waller County on May 24, 2013 and has been in Waller County custody since that time. The Defendant's first court date in Waller County was on June 4, 2013. At that time the Defendant informed the Court that there were a number of motions on file and that he wanted a decision on those motions. The Court informed the Defendant that he needed to be represented by counsel. The Defendant had in fact requested in his lAD Form "Placement of Imprisonment," that he be appointed counsel by the requesting Court for all matters preliminary to trial. With that in mind the Court appointed the Regional Public Defender on June 4,2013 and continued the

4 matter until such time as the Regional Public Defender could consult with Lasker and otherwise become prepared to be to heard on the various motions that Lasker had filed.

At some point after June 4, 2013 it was determined that the Regional Public Defender could not represent this Defendant. The Court then appointed Mr. Frank Blazek on June 6, 2013. A few days later Mr. William Carter was appointed as co-counsel.

*419 After the State met and discussed the case with Mr. Blazak it became apparent that the Defense was not going to initiate any sort of court settings. The State requested a Court date so that certain matters could be heard. On September 9, 2013 the Court heard and granted its second continuance for good cause shown until November 4, 2013 whereby the Defendant waived arraignment and a scheduling order was signed by this Court.

APPLICABLE LAW:

The IADA is a congressionally-sanctioned compact between the United States and the states. Cuyler v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703, 709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the party states and the purpose of the IADA is to encourage the expeditious and orderly disposition of outstanding charges and detennination of the proper status of any and all detainers based on untried indictments, infom1ations, or complaints."

5 Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this purpose, the IADA pennits a state to tile a detainer against a defendant residing in a prison in another state, gain temporary custody of the defendant, and prosecute the defendant on the charge that forms the basis of the detainer. u.S. v. Mauro, 436 u.S. 340, 351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).

The IADA also provides a mechanism for a person incarcerated in one jurisdiction with charges pending against him in another jurisdiction to be tried on *420 the pending charges before being released from incarceration in the first jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either the defendant or the jurisdiction where charges are pending may demand that the defendant be tried on the pending charges. Id. Arts.!, III, V.

Article III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the tenn of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint. ..

The [AD also states that the prisoner's request in Article [II (a): Shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the tenn of commitment under

6 /1 f

which the prisoner is being held, the time already served, the time

remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decision of the state parole agency relating to the prisoner.

ARTICLE V.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article HI or Article IV hereof, the appropriate court of *421 the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. To request final disposition under article III, the defendant must cause

"to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment." ld. art. IH(a) (emphasis added). The IADA provides that a defendant can perform this requirement by sending the written notice and request for final disposition to the official having custody of him, who would then forward it to the appropriate prosecuting official and court by registered (certified mail, return receipt requested). /d. art. III(b). The Supreme Court has held that the I80-day provision "does not commence untirthe prisoner's request for final disposition of the charges against him has actually been delivered to the court and prosecuting officer of the

7 /7;2-

jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,

113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577, 580 (Tex.App.--Dallas 1998, no pet.).

The inmate bears the burden of demonstrating compliance with the formal procedural requirements of Article III." Morganfield v. State:. 919 SW2d 731,734 (et. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430, 434 (1st eir. 1991); Bryant v. State, 819 S.W.2d 927, 930-31 (Tex.App.--Houston *422 [14th Dist.] 1991, pet. refd).

The denial of a defendant's motion to dismiss an indictment under the IADA is a question of law reviewed de novo and the factual findings underlying that decision are reviewed on a clearly erroneous standard. United States v. Hall, 974 F.2d 120t 1204 (9th Cir.1992).

8 /73

A prisoner seeking to benefit from the statutory provisions [of the

Uniform Mandatory Disposition of Retainers Act] must tirst meet the burden of compliance with the 'agreement.' I'vlcCallum v. State, 407 So.2d 865, 869 (Ala.Cr.App.1981). There must be strict compliance by the prisoner with the requirements . . . , otherwise, a conniving prisoner could finagle procedures to frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate Compact on Detainers'), and attempts to deal directly with officials in the receiving *423 state, he must satisfy the additional requirements of the agreement which would normally be executed by officials in the sending state." McCallum v. State, supra, at 869." Seymore v. State, 429 So.2d 1188,1193-4 (Ala.Cr.App.1983). fVhitley v. State, 392 So.2d 1220, 1224 (Ala.Cr.App.1980), cert. denied, 392 So.2d 1225 (Ala.1981 ).

If a Defendant takes it upon himself to notify the prosecutor and the Court directly, he is responsible for seeing that the notice is sent in the form required by the lAD. If Defendant's correspondences never properly comply with the notice requirements of the lAD so as to constitute "the required request," the 180 day period does not begin to run until Texas authorities have received the completed request form. Burton v. State, 805 S.W.2d at 575. When an inmate fails to serve the court where charges are pending, then he has failed to comply with the requirements of Art. III and the clock does not start ticking against the receiving

9 /71 jurisdiction. State v. Votta, 299 SW3d 130, 137 eCt. Crim App 2009). Article III, section (a) of the IADA states that the prisoner's request must be "accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment ... the time already served, the time remaining ... on the sentence, the amount of good time earned, the time of parole eligibility ... and any decision of the state parole agency relating to the prisoner." TEX. CODE CRIM. PROC. ANN. art. 51.14, Art. IIl(a) (West 2006). And, should that *424 information not be forwarded with the request for final disposition, the 180 day time line remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.,·Fort Worth 1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App. Amarillo, 2012).

In a long line of cases that includes Pm-veil v. Alabama, 287 U.S. 45 (1932), Johnson v. Zerbst, 304 U,S. 458 (1938), and Gideon v. Wainwright, 372 U.S. 335 (1963), this Court has recognized that the Sixth Amendment right to counsel exists, and is needed, in order to protect the fundamental right to a fair trial. The Constitution guarantees a fair trial through the Due Process Clauses, but it defines the basic elements of a fair trial largely through the several provisions of the Sixth Amendment.

ARGUMENT:

This case has become convoluted for a couple of reasons. The 10 /}5

Defendant allegedly committed the murders in Waller County on or about March

10, 2010 and fled the jurisdiction. He did not become a suspect until facts became known about a bank robbery and his arrest in California on October 30, 2010. From that time until December 16, 2011, the Defendant was being held in California for trial. He was sentenced on December 16, 2011 and was committed for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary in California. The Defendant was indicted on the Waller County murder charges a *425 couple weeks later on January 27, 2011 and presumably a detainer was placed on the Defendant shortly thereafter.

The Waller County District Attorney's Office entered into a number of informal telephone conversations through the Waller County Sheliff s Office with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what was needed to get the Defendant back to our jurisdiction for trial.

Then on July 19, 2012 the Waller County District Attorney's Office received through regular mail attachment Number 1. The document: is entitled "Notice and Demand to District Attorney/Prosecutor for Trial or Disposition of Warrant, Informations, Detainers or Indictments by Federal Prisoner" and attached to that motion was what appears to be some sort of sentence monitoring sheet. It further appears that the document was sent by the Defendant without any participation or notice to the warden or the prison authorities there in California.

11 This is one of the documents that the Defendant claims in effect to be a notice under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180 days of receipt of the notice by the Court and the District Attorney. If such were the case, then trial would have had to be commenced on or before January 16, 2013. Another consequence of this notice, if it were effective, is that: it in effect waives the right of the Defendant to insist on the formal extradition process and renders consent to be taken back to the jurisdiction seeking the Defendant for trial.

*426 There are a number of problems with this Defendant's attempt at giving an Art. III notice. The notice has a few "shalls" in its wording. First, in Art.III (b) the notice "shall" be sent by registered or certified mail, return receipt requested. This requirement among other things gives both the prosecuting attorney and the Count some idea of just when the 180 days begins to run and does not leave that important date up to the vagrancies of in-office date stamping, claims of in-office routing problems and the like.

The second "shall" in Art.III (a) reqUIres that a "certificate" be included by and from the warden of the holding facility. The Article goes on to say that there are at a least five pieces of information this certificate shall contain: 1) the term of commitment, 2) the time already served, 3) the time remaining to be served on the sentence, 4) the amount of good time earned, 5) the time of parole eligibility of the prisoner and 6) any decision of the state parole agency relation to

12 /77

the prisoner. All of this infonnation is vital to the decision making process that

may come into play by the trying Court and to the prosecutor. Another important concern that comes into play in this case is that the request by the Defendant through the warden of the holding authority gets the warden into the information loop, the import of which will be discussed below.

It is clear from the case law cited above that a failure on the warden OR the Defendant to strictly comply with the Interstate Agreement requirements in *427 Article III results in no notice to the trying Court and the prosecutor. (See Fex, Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, ( .. the 180 day period does not begin to run until Texas authorities have received the complete request form .. .}Burton, Lara, Garcia.

13 /7f

requirements. If the Defendant were obtained via Art. IV, then his trial had to

commence within 120 days of his arrival back in the requesting jurisdiction unless good cause was shown for the Court to continue the case.

Waller County began this procedure beginning informally after we detennined that the Defendant had been arrested in California. It continued more formally after he was sentenced in California in January 2013. and continued November 2012 (attachment #2) through May 2013 (attachment #3).

*428 On February 8, 2013 Waller County and the Court received another Art.III request (attachment #4) by certified mail this time through the warden of the holding authority. This demand contained a cover letter from the warden, "Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate of Inmate Status." The Certificate, however, did not contain the full information required by Art III in that it omitted 1) the date of parole eligibility of the prisoner and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.

If, for the sake of argument, the Court detennines that the State has been placed on notice in accordance with the requirements of Art III, then the 180 14 day trial dead line may apply thus requiring trial by August 7,2013. However, this court may find that good cause has been shown and continue the case.

Art III(a) ... provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. On June 4, 2013 the Defendant appeared in this honorable Court (a

Court of proper jurisdiction) (see docket sheet) and in open court and on the record *429 demanded that certain previously filed motions be heard. The Court inquired of the Defendant if he was represented by counsel. Defendant advised that he was not yet represented by counsel and in view of Defendant's request to have court appointed counsel (see attachment #4, page 4), the Court reset the case until such time as appropriate counsel could be appointed. Later on in the day and NOT in open court, the Defendant was appointed the Regional Public Defender, However on June 6, 2013 the Court reconsidered this appointment and subsequently appointed present counsel to represent the Defendant.

15 /f tJ

the Court would have clearly run afoul of the long line of cases that require a

Defendant to have the availability of competent counsel in a criminal trial. (Powell v. Alabama, 287 U.S. 45 (1932).

The notice to the State failed by virtue of missing material in the certificate. The case was continued for good cause shown namely so that the Defendant could consult with court appointed counsel and become prepared for *430 previously filed pre-trial motions. Tex. Code Crim. Proc., Article 51.14, Art. Ill's Constitutionality

The State argues in the alternative that Tex. Code Crim. Proc., Article 51.14, Art. III is unconstitutional as violating the Texas Constitution's separation of-powers provision because it unduly infringes upon the judiciary. See Tex. Canst. art.IL Sec. 1). The separation of powers may be violated in one of two ways: (1) when one branch of government assumes or is delegated a power "more properly attached" to another branch or (2) when one branch unduly interferes with another branch so that the other branch cannot effectively exercise its constitutionally assigned powers. Armadillo Bail Bond v. State, 802 S. W 2d 237, 239 (Tex. Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14, Art. III, unduly interferes with the judicial powers of the Waller Criminal District Attorney, specifically by preventing the State of Texas from prosecuting the case against the Defendant, who has been lawfully indicted. (Meshell v. State, 739

16 / tl S. W2d 246, 253 (Tex. Crim.App. J987)("By establishing the office of the county attorney under Article V, the authors of the Texas Constitution placed county, district and criminal district attorneys within the Judicial department"). The law imposes on the State a strict prohibition from prosecution based on the expiration of a time limit that has no meaningful relationship to evidence or procedure. The deadline of 180 days is completely controlled by the action of the Defendant. *431 Unlike the obligation on the part of the judiciary to set bail in accordance with Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14, Art. III mandates that the indictment be dismissed with prejudice. [d. Armadillo at 240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L. Rev.1,32 (1958)). This requirement that an indictment be dismissed with prejudice bars the judiciary (prosecution) from exercising its exclusive power to act on an indictment, try an indictment to a judge or jury, and have the case decided based on the evidence. Courts have held that certain realms of judicial process are "so fundamental and so necessary to a court, so inherent in its very nature as a court," that they must be entirely free from legislative interference. Id Armadillo at 240- 41. To arbitrarily bar the prosecution from proceeding based on any other factor other than the evidence or matters of Constitutional procedure is an improper

17 infringement on the judicial power to bring, try and render judgment on criminal matters.

PRAYER:

For the above reasons and law, the State of Texas respectfully prays that the Defendant's motion be denied by this honorable Court. Respectfully Submitted, *432 ---- Frederick A. Edwards Assistant District Attorney Waller County, Texas 645 lth Street Hempstead, Texas 77445 (979) 826-7718, FAX (7722)

SBN: 06435100

18 /t 3 ·, :\'OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETA[:\'ERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker TO: Office of District Attorney . FROM: Reg. No. 22867-298 (b~b b~ St{U r Su,\L \ United States Penitentiary Victorville FCC

He. r'Y\ ~ ~ rt o.J T'/-. "77 ~ 4} PO BoxDOR 3900 Adelanto, CA 92301

Dear Sir/Madam: I. [ have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: J.J 11-01-13703 979-826-8282 Ca:Qital Murder Charge ... *433 Ca:Qital Murder Charge # 11-01-13704 979-826-8282 Capital Murder Charge # 11-01-13705 979-826-8282

# 2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Sou the rn District of Cal if ornia , to a term of 121 months. My current projected release date from federal custody is August ,~, :0 1:2. , as found in [he attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction andlor alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pw"suant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially,

EXHIBIT

I s 1.

/

! i'/

\IP La" L1brar: F,)rms,:-;oticeSpeedyTrial·Detamer (Rev '1:11)

" COURTOF __ W_a_ll_e_r __ COUNTY IN THE Dis tric t FORTHESTATEOF Texas [506 District] ----~~--~------

NOTICE OF PLACE OF IMPRISONMENT AND

Waller County Sheriffs, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to . . . . . . . . . Plaintiff, ) ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) v. ) (Constitution. Art. VI. § 10 ) ) )

CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 *434 Notice is hereby gIven that the above-named Defendant, D:minicp: Ihlb:e lBsker

IS

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December Defendant has a projected release date - - - - - - - - , from federal custody on _A---'ug""'u_s_t __________ , 13

, 20 ~. (see attached sentencing computation/data sheet). 1. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations. charges, andlor complaints pending this jurisdiction. Specifically: in 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial. an in abstentia resolution be arranged. 'dP Law LIbrary Fonns,Not/ccSpecdy rna/-DetaIner (Rev 9 ... / I)

·~ , I' .. J.. ['his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v . .vorlh Carolina, 386 U.S. 213, 222-213 ([ 967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 ([ 969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. '\fichfgan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and *435 actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under fAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges, an.dlor complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.

Respectfully Submitted, Dated:;:}.D \ b /02 ! 03 J ~fniqu~ Lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: Dis h't c tAt+orV){. Lj 3Y~ (}'" ~1rLGr Su.i\t.. \

1\ e\'Y1 ~S'Y ccui 1 X. ) 77 '-f~.s Date: ~() 1 d-- / 07 /3 --../7 ~-----. ~

~ ~~

. Dominique Dontae Lasker VIP Law Library Forms/\iotJceSpeedyTnaI .. Detainer iItt:v 9'11)

CERTIFICATE OF SERVICE

I, Dominique Dontae Lasker ,hereby certify that I have serve:d a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

*436 By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USPIFCC, at Adelanto, California, on this ~. day of ___ >-~\..Lu...::::::" ~""~\.),O,..~i:,-,\,-\l _____ , 20

12 ,with sufficient postage affixed. It would be \

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2). District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse FOR WALLEFl COUNTY 836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~I ~ =» miTIique D ~Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Formsl Certificate of Service (Rev. 8/11) · . .

DETAINERS . . . . . . . . : YES

NOTIFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR T~E'S CURRENT COMMlTMEN'I'.

---- THE INMATE IS PROJECTED FOR RELEASE:C=OB-13-2019 VIA GCT REL~. - *437 ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMBER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50

-------------------------CURRENT

OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

G0002 MORE PAGES TO FOLLOW . . 1ft *438 :':';f-!~;:

[VIr" DOfTIinique Dontae Lasker

,~.~.~r,t .'.? "ft:~ j.;": t":~:!~"'~)r; t";~·.t -r·~',jt. j~ ~.-'.~~. ··~~.~~~,:·f .• I""~ ,-' . . . . . . , .~' ~ Fed. Reg. '2286T-298 ~ ... T~~

United States Penitentiary Victorville

.i oJ )Ut ;,\:U;:\~~.'~';,~i :'3; t P.O. ROX. 3900

. ' ~",;;.y,:".',":T'~' ,-,.~~ ... ,,.. ..... ADElANTO, CA. 92301 nn1 , ' , District Attorney/Prosecutors Office \! ': For Waller County <6 Y 6_ . hI-?, .. s, i-tcL f' S u!' \ -t' I ';T~egal Mail" " \1 , ' ' ' ' . ( __ ~\\t..I'Y'>C.StU'II~ T'& I ']7 L /':L!) \jJ~ DIS ,/\ ; 7 1 5 E 1. f;-::~ f) I' ,I 1 (, ,/ J. ~~ t~ \!NI\!">,I.r TC r'~")I\\'''AR!)/'-0R R::VTFW -:'~ .'" ;; j: ~~ L; .... ' '.'; ~ f~ n i - 1.;: ~~ '; S f~ C : 7 7 '1 ,'1 S :_1 :~ D'~ !~ 11 D i,.i I 1. " 1 ;-! -.......... 7"7"4:::i-S~E~4C.i24~ ~: ·1 C ,;;; c: " n -, ^[7] '7 '1 ii Ii i i i i i i i i i i i i i i i i ji , , "'"'T""" -' '_ " J -,- lJ t_ ! ^[1] f I~! I I ! ' !~! P l l r I~I! !!! 11! I ' ! ~ ~ t~ I.~!'!!!! ~ ~ ~ ~ :~!!,

~ • Transmission Report Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY DA MATHIS OFFICE LocallD ^[1] ^[9798267722] Local Name ^[1] WALLER CNTY. DA OFFICE Local Name 2 LocallD 2

This document: Confirmed (reduced sample and details below) Document size: 8.S"x11" 645 12th ~ Elton R. Mathis Hempslaad. 1Ixae 77 44S (979) 828-7718 (979) 828-7722 Fax Crininal District Attorney VlBIIer County January 2, 2013 Warden United SlItes Penitentiary Victorville FCC, P.O. 80x 3900 Adelanto, California 92301

*439 In Re: Inmale DOMINIGUE DONTAE LASKER, 22861-289 Request for Temporary Custody (lAD Form VJ De.r Wirden, Please lind our county's request for tempor.ary custody 50 that Irvnate Oominque Dont.1e liIsker may stand trial for Capital Murder In Waller County, Texas. I have attached certified copies of the indictments and warrants In this matter. Then! are no flngerprlnts or photographs because the Defendant fled our Jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anvthlns more that ^[15] needed to facilitate this t~porarv transfer, please let me know.

7 rdS / /a.

,

~~.!~~

First Assistant District Attorney

Waller County, Texas

Total Pages Confirmed: 8 Results Start Time Duration 04: 04: 15 p.m. 01-09-2013 00:01:41 CP24000

Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct

co:py 645 12th Street Elton R. Mathis

(979) 826-7718

Hempstead, lexas 77445 (979) 826-7722 Fax Criminal District Attorney \Nailer County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, *440 Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know.

Frederick A. Edwards First Assistant District Attorney Waller County, Texas

PAGE 02/03

RECORDS

75El53El575El !AD FORM V - REQUEST FOR TEMPORARY CUSTODY CCFRM IIJIAUIoLO FEB 94

8P-SS68.051

FEDERAL BUREAU or PRISONS U.S. DEP~T OF JUSTICE Six copie.!l. Signed copi ... muet be sent 1:0 the prisoner and to the o.tticial who ha.s the pr.isoner in cu~~ody. A copy lShould b. lSent to the Aqreement Administrator ot both the ~.ndinq and the recei~ing ,tate. Copie. should be. retained by the per20n filinq the requ •• t and the judge who signs the rQque~t. Prior to tr~n3f.r vnder this Aqreement, an Inmat. may be aftorded a judicial hearing (Cuyler) similar to that provided und~r the uniform Extradition ~ct, in which the inmatQ m~y bring a limit~d challenge to the rec~ivinq 8tate's reque,t. To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address

~ 1)A.J.'t;cJ .s+", t.~ ?e/vl f~~.;-f'A'J~ V/GfOM.v'd If: r-.CC' J 7-0. Eo)(3C10~ A-De{~'j,})oS' please be t!dvised thcst (Name of Inmate) )50MI fJ JtlLA Ii J)OI\J1 At: LAS KeI2...121('f"- 2.~, who y an inmate ot your ins~itution, is under (indicate appropriate] i

f"ifdelftaeie)n) (eomplaInt) in the (J'urisdi ction) ndictm~nt ,i CJ. \.oJ A-Ilev CO£.4Jvt y 1-e'(I4.5, of which I am the (Title of Prosecuting ':3 0 if R OY2.JV;?{; Officer) :DiS1-vll'c:..t Said inmate is therein charged with the offens s) enumerated below:

I_I

Il - ~ I Offan.e (s) (j) Cp. y ~-t 1'\ I ML.w.oeV- 1\ - 01 - 13 =70.30/'~ J3 i~"" ( Jk£..\.v JVt'l- L 1 -0 I - 131ot!-,L5) ~I I propo"e to brinq th1~ per:3on to trial on thie [indicate appropriate] (indictment (),pC a l i ' l Iri ,-e01 .. ~ .. tnt) ",ithin the time .specified in Article IV(c) of the Agreement. In order that proce.ding" in this matter may be properly had, I hereby rQqu.~t temporary custody ot *441 "uch person" pursuant to Article IVI., of tho Aqreament on Detainere. Attached herewith find in triplicate: a. Certified copies of the complaint, information or ind.i.ctment b. Certified copias of the warrant c. Certified copi~.s of !tnqerprints, pnotoqraphs Or phy:sic::al dase:dption I hereby agree that immediat.ly after trial h completed in this juri.:dictidn, ! will return the pri.oner directly to you 0= allow any juriedictlon you hive d~siqnat.d to taKe temporary custody. I aqreQ also to com lete Form IX, The Notice of Dis OSition of a Detainer, immediatel after trial.

Prineed Name and Signatur Date E\\o,,", ~. tv'\P\tl,.,\S NoV .l~ 1 20 I:

"174'1- s;- Address: ci ty/State: Telephone No. : l;4 5" 0.1.th. S+-(~ d \...l., -e vv..p 6-bEocq~ IT-<=.. xlts q -=1 '1. - g 2 £, - =r~ IS I h~rQby certi~y that the person whose si~nature appears above i5 an appropriate of.fic~r within the me".ninq of Al';'ticla Ivca, and that the fact.5 recited in this l';'equest for tempora eu.tody are correct and that havinq duly racorded said reque~t, I hareby transmit it =or act~bn in . cordance with its term and the ~ovilSion. of tha Aqrep.ment on Det~iner.5.

f Judge's Print~d Name and Signature Date P\ I b.4v\ M. ~c COt.\ A.Jo V .2 (" J 20 I 2. Court t-\... -::r IA--O\'C \' -'..\ D\.s -ty tc.-t Co u. v-l S D (P City/State Telephone NO. eo""" s+e r')), W~ ll-ev- Cou,...... -t 0"1 ~v .. : .. ~:>. q 2 1 - 6 q 2. 1 .-', (l'~ ,..\ ." '-( \ r c· J (This for.m may be replicated vi~ WP) . \ wert 11" •• ,. C JIg, r. <'.:'~. '.>:.~~\ -~ .. ~.,. - . . . . ~:./·.~·i _. JLiuge, .:;C6lh JudICIa! DJs~ct Court \ ~~ .. W~!ler :md Gnrnes (,ollntJes. Texac;

. . . / NO. _/_/_-_t_/_-_' __ 1_"'_)_c;1_~ _

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

-:C!6 tA JUDICIAL DISTRICT DOl\UNIQUE DONT AE LASKER DOB: 03/2111984 81M

~ ~fi Charge: CAPITAL MURDER Section: 19.03

t"

Degree: CAPITAL FELONY

I li~; , \ ~I~ ~

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; ~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the I: *442 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a ftreann, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a frreann, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelIed, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 th Iudicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a frreann, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury /93

Cause No. 11-01-13703

TIlE STATE OF TEXAS IN THE DISTRICT COURT OF W ALLER COUNTY, TEXAS VS.

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. *443 Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, T XAS

. -7 --1 < .. _.. . BY.-- / .~d-· ~ t1 . - Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the ___ day of _______ , at _ _ _ o'c1ock __ .m., and executed by arresting _______________ _ _ At , in ______ County, Texas, and placing him/her in the WalJer County Jail on the day of _________ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

___________ ,Sheriff FEES: Making Arrest Mileage miles County, Texas - - - - - - - Taking Bond By: _ _ __ _ _ _ __ _ ___ Commitment

Deputy 191

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER '-'Cl"rjuDICIAL DISTRICT BIM DOB: 03/2111984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, *444 empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of th 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DO NT AE LASKER, hereinafter styled Defendant, on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury Cause No. I t-Ot-13704 ·fHE STATE OF TEXAS IN THE DISTRICT COURT OF W ALLER COUNTY, TEXAS VS.

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

BlacklMale DOB: 03/21184

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. *445 Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, TEXAS BY: .,{4ft' ;:d £ 1'1

/ ~ Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock - - - - - - - - - - ---- __ .m., and executed by arresting __ ______ ____ ____ _ At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of _________ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

_____________ , Sheriff FEES: Making Arrest County, Texas Mileage miles - - - - - - - -

Taking Bond

By: ______________ _ Commitment

Deputy . /3 7 cJ ~ - NO. /1 -- (J /

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

...:Ji. 1 6A'1- JUDICIAL DISTRICT

DOMINIQUE DONT

AE LASKER DOB: 03/2111984 BIM

~ !ef il Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY ~ ....

I I ~t '

INDICTMENT

~ b ,\

The Grand Jury for the County of Waller and the State of Texas, duly selected,

*446 ~ empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of , rC 506 th Judicial District Court of said County, upon their oaths present in and to said Co at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury 197

·

, Cause No. 11-01-13705 THE STATE OF TEXAS IN THE DISTRICT COURT OF W ALLER COUNTY, TEXAS VS.

DOMINIQUE DONTAE LASKER

S06TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable S06TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, *447 showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011.

PATRICIA JAMES SPADA CHENE

W ALLER COUNTY, T,EXAS BY:. -1-~;@?/.tg/

/ F tJ/ Haggard, Deputy SHERIFF'S RETURN CAME TO HAND the day of , at o'clock - - - - - - - - - - ---- __ ,m., and executed by arresting _______________ _ _ At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of _____ __ __ _

Mileage miles Taking Bond By: _______________ __ Commitment

Deputy ~ ) " ' - .", ... - . - - " - - - - . - . - - - - - ._.-. -- f" *448 SENGER: ~,CMPLETE TillS SECTION • Coriipata'ItIIrM-,. ~ ancta.AIio~··.

1tant41f Restrtcted 0eIMry 18 deIIi'Ici;., . • PrfrIt~nameanctacldr-.Ofttfte,..,.,..,.·, , sO tt'larwe can retUrn the card to you.. .. Attacb thlac::ant to thl beck of th. malJplec:8l.. . .. "';.-' . ~ .: ,-' . . otonu.ftDnt"specep.nlltt_~;" ... a Ia dIIIYtry ~ dIIIInnt fran Item 11 nva "'~~bIIIowIJ- a Nafo 3. s.mc.~ ~ClrtltlldM*:. 0 ~MIIIP . crR~' 0 Return RKeipt fer Merchand~ o lnand,..., 0 CO.It.'

7002 31Sa 0000 3033 71bl, PS Form 3811. February 20Q4: , Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, iexas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney VValler County May I, 2013

Ms. Linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 *449 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

Sincerely yours, ~~- Elton R. Mathis Waller County District Attorney

Ene. Cc: R. Glenn Smith

Waller County Sheriff

EXHIBIT

I 51 3 lAO i'ORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM "t3P-A0564

APR 10

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establish1ng their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving State ~ ec.. - L.:' S t=- To: (Administrator and Address) t> .. O. Be>, ~J.f()O J,..,.J.d,. l . rIl(!.~re-' I ~..,.)..,,-

,,; c..la,,.....,d 1~ C!.. A *450 Inmate (Name and Register No.) is confined in (Institution and address) FCC. V ~c..-t-ol""\\\-e.. 6,",-~\~'J'. - uS P

J.../l.~\.(r) Vl)M-"~'t;'e. Do~e..

P.o. 'Bo~ -s'J{O 0 c.. ~~S~{- z'i~ I AI"\ f() ",nr! will he t.::lkcn 11lLv "':UStuuy dt ~aid Institution on (date) _________ for return to the County of ____ ~~~~A~k~~~E~~~ ___________________ ,state of

(exit S '- for trial. In accordance with Article V(b), of said Agreement, I have designated: Name and Department Represented .gent's Department Represented ~£ri Ily-uw &ssd ¥/~ <1:,. 5Lc.r.~fif; "fACe whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature) Dated prOS~~ignature~

,..

-z,0/3

,i).A-.

J ~O/ . , .... ,: - . Ikll,tS ~ ~ rf 7-r'1 d. City/State - d. O. e. Tel@phone No -

~''\ S z.t. ... 71 } ~ Svidence o~ Agent'. Autbor1ty Continued To: (Warden-Supe rin t:endant - Dire ceo r) '=i."" ~ r-- &\ ...k. -r: file CO 14-w c In accordance with ~he above repr$sentaciOtl8 and the provia1ons of the A9reemant on Detainers, thQ per_ons listed above are hereby dealgnated aD Aqent$ for thQ

=r:"f:;")(.A- S suta ot 1:0 ret.urn *451 J..MU&:; DQ\1it4'Qa.J<#' 'Do'irAr£ (In~atel a Name ~a 9...l}fqister No.) d¢e=t-.~-~" to the county of h{8I..UE:; ISta~e ot __ ~ , for ~~ial. At the c::~tion o~th. trial (Inmate) I-ASJ4:{1i!... Pof¥'rH:cq.,;tF poI-l7F/e-- ~ ~~- cilf'!Z "hall be returned to the (Institution and Addrel5~) : 'I,"" -hvll;//e. 6:>flA- t i.t y: - J 5. P

r::-ac,

p. D ..

:5"1'lJ 0

6D,K

A./4/~ -/oj C,q. 9~ '3 0 / Dated a. Name --rt L '5 \-\ l\f)\- S~\ \ \E?,\BtS I)(51J b. Address ~' '. o..",l (\C'\

c. City/State

d. Telephone No.

C\&..o- '-\ 6'l-~4~ l D r:;u PDf' Prescribed by PSS75 2 SGClO:)3Cl pB/PB 39t1d '. *452 I i

· . u.s. Department of Justice Federal Bureau of Prisons ZOl3 r~~ ""\ ,f" 10: ~q -- j Federal Correctional Complex Vlctocvll1e, Ca lfornld

Office of the CoC/;ectlonal S~t;-"---;::-i--::-:-\-IJ.-I.~....:: January 31, 2013 Office of the District Attorney *453 Elton R. Mathis, Criminal District Attorney Waller County 506 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your r~quest for temporary custody pursuant to the Interstate Agreement on Detainers Act (lADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 30-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV (a), which expires on DATE) . Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (8P-A564) and originals of the lAD Form V (BP-568) and lAD formVI (8P-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should alscr appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

EXHIBIT

j -sf Lf

Exhibit

Page Two RE: Lasker, Dominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending *454 charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addi tion, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden

((1U~

/s/ D. Wren, SCSS

Enclosures: BP-~orms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator - [3 P - S2 35 ( 51 ) lAD -NOTICE OF UNTRIED INDICTMENT u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INMATE NAME: REGISTER NUMBER: rNSTITUTrON:

FCC VICTORVILLE COMPLEX

LASKER DOMINIQUE DONT AE .22867-298 Pursuant to the Interstate Agreemen·t on Detainers Act, you are hereby informed that the following are the untried indictments, infonnation, or complaints against you concerning which the undersigned ha~ knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER *455 CAUSE #11-01-13703,11-01-13704 AND 11-01-13705. You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, infonnation or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, infonnation or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your tenn of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, infonnation or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affinnatively consented to or

h d r or ere suc e Ivery. d d Linda T. McGrew,

DATE:

NAME AND TITLE OF Complex Warden

CUSTODIAL AUTHORITY

Charles E Samuels Jr. August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original Inrnat~ Cory: J&C File

Centrallilc r BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM

FEB 904

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

*456 WALLER COUNTY, TX Court: Jurisdiction: 506 1h JUDICIAL DISTRICT

WALLER COUNTY, TX

And to aU other prosecuting officers and courts of jurisdiction listed below from which indictments, infonnation or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detamers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this form to the sender. Forms BP-S238(51), Certificate ofInmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30,2013 LASKER, DOMINIQUE DONTAE Federal Regjster: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, mfonnation or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

(VrequeSI the Court to appoint Counsel. (Inmate's Signature) ( Record Copy - Slile lAD Admini.lnItor; Copy. J&C File; Copy. CeRlnIl File (Sect. I); Copy. Prosecuting Official (Mail Cenified Rctwn Receipl); Copy· Clcric of Co uri (Mail Certified Rerum Receipl) , . BP·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDfRM Februory 19 \W U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE

*457 COMPLEX

121 MONTHS

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: Name and Title of Custodial Authority By: (Chief Executive Officer) Linda T. McGrew, Charles E. Samuels Jr. 1130/13 Director, Bureau of Prisons Complex Warden r D. Wren r;j01J--- Correctional Systems Specialist

Record Copy - State lAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

, lAD - OFFER TO DELIVER TEMPORARY CUSTODY BP-S239.0S1 CDFRM February 1994 U _ s. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

*458 Date: January 30, 2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

ELTON R. MATHIS Criminal District Attorney_ WALLER COUNTY, TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONTAE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV( d) of the Interstate Agreement on Detainers Act are indicated, an

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge.

Namerritle Custodial Authority: By: (Chief Executive Officer) Institution & Address: \+'~~n

Charles E. Samuels Jr.

FCC Victorville - USP Director Correctional Systems Specialist P.O. Box 5400 Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden No.//-c2/ - /..37<1:1

CRIMINAL DOCKET

/

-. 5/M INC., DALLAS FORM CLD - , DATE OF FILING Number of

STYLE OF CASE ATTORNEYS OFFENSE Day Case Month Year I/-IJ/ - /~J 1tJ-'/- THE STATE OF TEXAS d/&,)}I/i~ State T§i~J / .;X -; // vs. '/\ ;::::-/ \ 7!Ila1U"I.~,!"x or Indictment -,., *459 IAJmu~~:;~ jJ;J;(hb~ k-//! / Ij / Fee Book vo. ""ge y Defendant

I

Date of Orders MlnU18 Book ORDERS OF COURT Was WITNESSES Stenographer Page Month Day Year Vol. C\ 0 /(''') ~(\A-- ~ Qi)UJ'\ w aDOl) \'(\ k cf -th nJIA(' n £flO! ~ 0 ~ ~SQ '. \ lJ)'lUJv 10 ~ \3 u ~bl\C ~knd_Qx fuy CJLO\ 1-ctO CaJr{g. -J J t s 'R '. \AJJ lLvl; 1\ on~+- wI rJSUn~ mr. Blahl ih WUftYD1XYl - 5-l-RR- '1 C) 13 0 flo~ Q.V f d 4'\1\ V/)l}C\ h III r. ry\tl'~YlIS 5tzth<5 m oh 1Jn .(iJY CUrti n l aVL(~ wo·s VvCLY'U ~~\" Wl+h DeJtnd£1n.-I's mC!h'of\ fb Di5YYl6~. O"'·:k.y- V\.Qay") 00, J a.V1" IA.X1U.YIJ of 0ru..l. nc..,eJl Cln{/\ 0,on~i tiQ.1'i(1~ ~(j Ilf'r'tP I +kt tGUY'1- ~~r:t o.~d QOvLt<l£ to tlrant +N. 6ta-\(~ rvtbllo-X -IT5 em-tln U r1 n( ~ On +~ ~S)'j of- Mi cJ.flY. of- ~ \ il+er6+tVe.. C)eJdihH''S 'flGt De~nSt 0runsd 1M II DL(.\1;u.r hvipi- hi'S YV\.()1l"m1 ro DismIss t SWAe'5 m6n~Yl -WY In ('nmDete. Y1 CL{ h m J \AJOS hDl1.n:I W +N. &llif1- Mtt~t:t. Cl~ Vl,yy\.V\,ts tW Md ct9.t<I) 5+ 4-hl. 0tlY1'\.t' YY\.t>hDh dJ..kvr-ed pm(;il ~ fuV+!-Lr In vesfitltL-ho....l(\ V,{A +t\o cttkVise , Sh1ndard Di~oV.e.hj Orz;la.1" /)..05 61tiZd cu·4

- I I~J· ~ ~ \l)'O\lS DY\)v) cUd 1D Mu fl,1r1 k> arv:t m -+1t1 ^[0] tin Hn(f (\J1) .f1JV4-k£! r • MR+kv:;, oti (leA ru.CLv-d ~ NO-vlllQ, \A.U S aoL\(ru r (U d , -..J j "

STATE OF TEXAS

VS. NO.!'!- (/ / - /3?c:> Y ():;m IItJi lId. j);/.,,'-(J..eL-46 t~r

/I

. - - Date of Orders Minute Book ORDERS OF COURT PROCESS Month Day Year Page Vol. l~ ~ orese-nt ~oh.J)un~ min ~ BlauK. OJ\,d lO-1111 arYl !='. CQ.ytc.-r-- I'n ) \ Lf (SR', 5~ICl ~ WLLr1- ('Dom - Sto. J.e ao pe __ CLr~aJ ffi I'D LM:J" my-, f I tu n IY\,£L4-h 1"5 a.v-.d It? me 1(11/ i a \Dr . fur=! ('alL-V. rets - bl sU-tS~ ~ Q n I~Cts k..Ud Ql'I 0C-kdu) i Aa,.. {6/ Dr (d U tS12.: R- w~~ \L\ 'DYES-LA,-\- wi t(5\tn~ mnk fJ1Ctuk and M) I iam r. CClvf{P\n U [;:,.

~ I \ U C'1'\).x'1YUDm -- ~1R-k llOa.clYtd tVll'1>\I1A h m r. E I ton m(Lf--~1 i ~ CLN;f yY\Y-. fITC\ t::fl LOavzis ~_ A-0-kx Lll] \,lmiY\-t" Vf1 VI D v\S sn OL-LlClh 6Y1S af fucA- UJe.rt (~ui viR d i')"\ W urnvd ' 0ttI.-ks t;<\11 bd-s \ thV0rlqh '-t were admH-4ed

" ^[0] CtYld 0. P{eX tux ~V\ty ri lsw S~II Dn ~-k'\s ;f\: 5 u){lS aaryl'! +--kd 1Yv ~6)L(t took De.kroCtY\+s 1YltA-\(5Y\ to d\5~\SS \D\cltt +Iv ~ I PrDf' lM1cUf OOV)'semtll1 I De:kn~.s m6h-u'Y\ m ~ut2~rrss llm~ N+ex(ed hYa I a--kr *460 Nllxl~ .. tuX(Q.yt} pdD~ fu\d -h1a.o da~s are CDn+inwd ~y1C(I~ -\\~v-\-~r QxzU.-r; Qt ~ W\,tY1- hi Pr1Y\{lCfllA -0

; ( -- -- THE STATE OF TEXAS )( COUNTY OF WALLER )( L PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller

FILED IN

County, Texas, do hereby certifY that the record on Petitionfor Writ of Mandamus to the 1st COURT OF APPEALS Court of Appealsfor the First Supreme Judicial District of Texas, Houston, Texas, in HOUSTON, TEXAS Cause 01-14-00630-CR (Count 2)and Waller County Cause No. 11-01-13704, styled IN 9/10/2014 11:31:42 AM RE: DOMINIQUE DONTAE LASKER, to which this certification is attached and made a

CHRISTOPHER A. PRINE

Clerk part, comprise a true and correct transcript of all the matters and proceedings had and done in said cause,

GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this 10th day of September, 2014. PatJ.Spadachene PATRICIA JAMES SPADA CHENE DISTRICT CLERK WALLER COUNTY, TEXAS By (J-~~

Liz Pit: Ie, Deputy *461 CLERK'S RECORD (Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. Ol-14-00630-CR (Count 3) Trial Court Cause No 11-01-13705 In the 506 th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONTAE LASKER Attorneys for Relator Frank Blazek

1414 11 th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 *462 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State of Texas Attorney for State of T exasl Real Party In Interest Elton Mathis

Waller County District Attorney 645 lih Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr. Court Reporter: Robyn Wiley

836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals For the State of Texas 301 Fannin Street Houston, Texas 77002 The 10 th day of September, 2014

PATRICIAJ.

SPADA CHENE

DISTRICT CLERK OF WALLER COUNTY, TEXAS By: I~~ , Deputy Appellate Court Cause No. 01-14-00630-CR (Count 3) Filed in the First Court of Appeals at Houston, Texas

This the day of ,2014. By _ _ ______________________ ~,Depury *463 FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 3) Trial Court Cause No. 11-01-13705 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER PETITION FOR WRIT OF MANDAMUS CLERK'S RECORD, VOL. 1 OF 1 (COUNT 3) INDEX VOLUME PAGE Caption 1 Indictment Filed 01/27/2011 2 Notice of Place of Imprisonment And Request for Speedy Trial And Final Disposition Filed 07/16/2012 3 *464 Notice of Demand to District Attorney/Prosecutor for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisioner Dated 0710212012 6 Motion to Dismiss for Denial of Constitutional Rights of Due Process and Right to Speedy Trial Dated 12/13/2012 8 Letter to Elton R. Mathis, D.A., From Us. Dept. of Justice Federal Bureau of Prisions Federal Correctional Complex Filed 02/08/2013 15 Defendant's Pro Se Motion to Dismiss the Indictment or Information Herein, or in the Alternative, Defendant's Pro Se Motion for Appointment of Counsel at 23 Public Expense Filed 0411012013 29 Scheduling Order - Criminal Dated 0512412013 Waller County Magistrate's Admonishmentform Warning of Constitutional Rights Dated 0512412013 30 32 Returned Capias Instanter Filed 0512812013 Returned Served Precept to Serve 33 Copy of Indictment Filed 0512812013 34 Order Appointing Counsel Signed 0610412013 35 Order Appointing Counsel Signed 0610612013 Defendant's Waiver of Arraignment and Entry of 36 Plea of Not Guilty Filed 0711512013 Motion for Appointment of *465 38 Attorney as Co-Defense Counsel Filed 0711512013 Order Appointing Attorney Signed 0711812013 40 State's Motion for Discovery of 41 Expert Witnesses Filed 0813012013 44 State's First Motionfor Continuance Filed 0813012013 State's Motionfor Competency 51 Examination Filed 0813012013 State's First Motionfor Continuance 54 Filed 0813012013 State's Motionfor Competency 61 Examination Filed 0813012013 State's Motion for Discovery of 63 Expert Witnesses Filed 0813012013 65 Motion to Dismiss Filed 0910912013 Motion for Disclosure of 69 Favorable Evidence Filed 0910912013 73 Standard Discovery Order Signed 0910912013 Scheduling Order - Criminal 74 Dated 0910912013 75 First Amended Motion to Dismiss Filed 1013012013 78 Scheduling Order - Criminal Dated 11104/2013 79 Letter from Defendant to Court Filed 11/0812013 Copy of Letter from D.A. to Mr. 83 83 Blazek including Attachments Filed 1111812013 134 Scheduling Order - Criminal Dated 01/0812014 Defendant's First Motion for 135 Continuance Filed 01/2112014 *466 139 Order Signed 0112112014 Motion to Suppress Confession Filed 02/1012014 140 Notice of Preferential Trial 144 Setting Dated 04/0412014 145 Scheduling Order - Criminal Dated 04/0412014 Agreed Motion for Transcription 146 Of Pretrial Hearings Dated 04/0912014 148 Order Signed 04/0912014 149 Order (Motion to Dismiss) Signed 07/0212014 Motion to Dismiss for Violation Of the Interstate Agreement On Detainers Filed 0711412014 150 154 Order Signed 0711512014 155 Attorney Fee Voucher Signed 0711512014 Notice to Prepare Reporters Record Filed 0910312014 162 Designation of Items to be 164 Included in the Record Filed 0910312014 State's Response to Defendant's 166 Motion to Dismiss Filed 0910412014 Court's Docket Sheet 210 212 Certification

*467 THE STATE OF TEXAS COUNTY OF WALLER

1 st COURT OF APPEAL NO. 01-14-00630-CR (Count 3) TRIAL COURT CAUSE NO. 11-01-13705 CLERK'S RECORD VOLUME lOFl *468 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER §

I

/1- c1 / ~ /..37(}'!;'-- NO.

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER S.v6~JUDICIAL DISTRICT BIM DOB: 03/2111984 Charge: MURDER

= !ff~ Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT

~ ~i~\ ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

The Grand Jury for the County of Waller and the State of Texas, duly selected, b ~ ~ a.'~ empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of "--- 506 th Judicial District Court of said County, upon their oaths present in and to said Co at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*469 Foreman of the Grand Jury -:f: ?

~ y~ -------- ------- COURT OF Waller ~VNa ~~.-<\ IN THE District ~ ~~.,e.. c:, :,..4'0 [506 Dist 'ct] ~ ~y . FORTHESTATEOF Texas 0 -=--=-=~--=----- .-L.~ ~ .~~

....-: Q.

NOTICE OF PLACE OF IMPRIS ~ I ENT ~~D '.fr Waller County Sheriffs, )

REQUEST FOR SPEEDY TRIAL AND INAJJ:1'

Plaintiff, ) DISPOSITION ... Pursuan t to ....•.... ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) V,::> ) (~Co~n~s~t~i~t~u~tl~·o~n~,~A~r~t~.~VI~,_~~S~l~O~ ________ ) )

CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske; ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, Ihrr:Lniqu: frntre lasker' is currently a federal prisoner in the custody of the United States Attomey General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

1. Thedefendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December Defendant has a projected release date - - - - - - - - , from federal custody on _A--'ug"'-u_s_t ____ __ _ , 13 *470 , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending this jurisdiction. Specifically:

III

1). Capital ~urder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in 'an absence of availability of trial, an in abstentia resolution be arranged.

'. V!P Law Library Forms/NoticcSpeedyTrial·Detainer (Rev 9111) 3

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is

binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. North Caro/;na, 386 U.S. 213, 122-213 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Alichigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions requi!ed to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, infon11ations, charges. ano/nr {'("\", ... 1":_ ... _ presently pending in this jurisdiction, within a reasonable period of time not· y '. \ J.

iJ ( 5-+ ,' . l""f i'>- Pc i (I '--1) I':A (Ie\. ('.:.,) Respectfully Submitted, ~. c\:., , '{I ~..

\-\( \'C \

~~./ k Reg. No. 22867-298 *471 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS:1f't Gt AttorVl{' Lf 'bYtt, G~"'~kc(J SuAt'.. \

l\th1ps-·h:vt.J 1 X) 77l..j~-5 ~Y~~1t~~:: i::._.:;cZ;;4 ~ominique Dontae Lasker ')

VIP Law Library FormslNoticeSpeedrTrial·Detainer (Rev. 9111)

CERTIFICATE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, this -lb- Victorville USPIFCC, at Adelanto, California, on day of ____ ~j~~~~~~~(~;_--------, 20 , with sufficient postage affixed. It would be

12 \.. noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2). District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FUR WALLER COUNTY

836 Austin Ct., Room 318 *472 Heapstead, TX 77445-4673

~' ~ =» ffiiTIique D ~Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

5 VIP Law Library Formsl Certificate ofSenrice (Rev. 8/11)

NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR

FOR TRIAL OR DISPOSITION OF WARRANTS, L~FORMATIONS,DETAL~ERS OR

INDICTMENTS BY FEDERAL PRISONER

Dominique Dontae Lasker

FROM:

~~~!~~~~:'¥fI1 Reg. No. 22867 -298 ~l.\L, b~ Str<.e-r <;Ui\-L \ United States Penitentiary Victorville FCC

\~~I'V'\~ ~T~o.J. T'" 17 Y 4S PO BoxXJOJ{ 3900 Adelanto, CA 92301

Dear SiriMadam: I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca2ital Murder Charge # 11-01-13703 979-826-8282 Ca2ital Murder Charge # 11-01-13704 979-826-8282 Ca12ital Murder Charge # 11-01-13705 979-826-8282 # 2. [ am presently. a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Sou the r n District of Cal i for n i a , to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do not allow my participation in certain rehabilitative programs. [ remain in a higher security classification category and the *473 delay in prosecution prejudices my defense against these outstanding charges.

5. [ have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("[AD").

Cordially, corfES: ORIG[NAL TO DISTRICT A nORNEY ..... ND h:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQl:EST TO COL'RT FOR DISM[SSAL. ALSO: INCLl:DE DOCL'MENTA TlON FROM THE CASE MA:-JAGERfRECORDS REGARDNG THE II.'M-RANT/DETiI[\'ER A\,D IF POSSIBLE YOUR S~NTENC'E ~lOKITOR!NG/DA Til CO!\lP(;TATIO~ rRI~TOL'T SHOII'T"G YOl'R PROJECTED REl.EASE DA rE VIP Law Library Fonns/NoticeSpeedyTriaJ-Detainer tRev 9/11 )

VIPDO 542*22 * SENTENCE MONITORING 07-10-2012 * PAGE 001 OF 001 * GOOD TIME DATA 14:45:23 * AS OF 07-10-2012 REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE

ARS 1 ... : VIP A-DES

PLRA

COMPUTATION NUMBER .. : 010

PRT ACT DT:

LAST UPDATED: DATE.: 12-30-2011

FACL .. : DSC CALC: AUTOMATIC

UNIT ................ : 6 A

QUARTERS ............ : F61-119L

DATE COMP BEGINS .... : 12-16-2011

COMP STATUS ......... : COMPLETE

TOTAL JAIL CREDIT ... : 412

TOTAL INOP TIME ..... : 0 SURRENT REL DT ...... : 10 - G-6---Z-G.~ EXPIRES FULL TERM DT: 11-29-2020

PROJ SATISFACT DT ... : 08-13-2019 TUE

PROJ SATISF METHOD .. : GCT REL ACTUAL SAIISFACI DI.: --/ ACTUAL SATISF METHOD:

DAYS REMAINING ...... :

FINAL PUBLC LAW DAYS:

GED PART STATUS ..... :

DEPORT ORDER DATED .. : --------------------------~GOOD CONDUCT TIME AMOUNTS---------------------------

START MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED STOP

DATE

DATE DIS FFT DIS FFT AMOUNT DATE

GOODS

*474 TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED MOTION TO DISMISS FOR DENIAL OF CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY TRIAL

THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS OF THE SPEEDY TRIAL ACT OF 191LiQ-8 U.S.C. 3161-3174).

THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS

THE RIGHT TO A SPEEDY TRIAL WAS DECLARED "FUNDAMENTAL" AND IMPOSED ON THE STATES BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH CAROLINA 386 U.S. 213,222-223

THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S) ( INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND MORE SPECIFICALLY ARE:

1. CAPITAL MURDER 11-01-13703 2. CAPITAL MURDER 11-01-13704 3. CAPITAL MURDER 11-01-13705

*476 4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING, THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO RESOLVE THE MATTER.

5. BASED THEREON, VIRTUALLY ALL LEGISLATURES HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN ART 12.01 ET SEQ).

6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED

BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.

RESPECTFULLY SUBMITTED DATE: '}o\ ~ / I).. I ( 1 D~;::; LASKER \"1 ~ ~O\\... DATE: *477 STAFF SUBSCRIBED AND SWORN BEFORE ME DAY be L 20 1"1- THIS 12> FEDERAL CORRECTIONAL COMPLEX, \f\CTORVILLE, CA S~~)O COU::TY t=f VI A e:::=?

tASE.t1ANAGER AUTHORIZED BY ACT OF CONGRESS JULY 7, 1955

TO ADM!NISTER OATH3

(TITLE 18, U.S.C. SECTICI 4004) 1°

(

IN THE District COURT OF __ Wa_l_l_e_r __ COUNTY FOR THE STATE OF Texas [506 District] ----~=---~------ Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND Plaintiff, ) REQUEST FOR SPEEDY TRIAL A~D FINAL DISPOSITION ... Pursuant to ........ . ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) )

\'. (Constitution, Art. VI, § 10 ) ) )

Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, D:nrl.niCJlE frnta:! lasker is currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate tern1 of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December

Defendant has a projected release date --=--...:...:.==-----, *478 from tederal custody on _A_ug""'u_s_t ________ , 13 , 10 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, andlor complaints pending in this jurisdiction. Specifically: 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial. an in abs/enf;a resolution be arranged. VIP Law Llhrary FonnsiNoticcSpeed~ Tnal-Detalner I ReI' 9/1 I)

/1 l'i \..If·(. J/J(, 4. This Motion is based upon the Ddendanfs Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v .. \'01"11 1/ 1 Lc J ~ J i1 I )' I" L e. J ). r.\ i I "6 ) Carolina, 386 U.S. 213. 222-223 (1967). A state is responsible for a defendant's speedy trial rights, even \vhere a defendant is held in federal prison. see: Smir/7 v Hooe}" 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. A1ichigan, 507 U.S. 43. 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE. the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abslenlia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under [AD provisions, and the dismissal of any outstanding citations, warrants, informations, charges. ancilnr r,,",,~I~:-. presently pending in this jurisdiction, within a reasonable period of time not r' \.~ U i S -I, . ~+

Respectfully Submitted,

Dated:~

~~,/

*479 Reg. No. 22867-298 ~ United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document \vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: lJiS1f'tGt At-torVlt:.l{ (:/" .~ \( cd 'S u.i\t. \ ~ Lj (0

1\ eVV\ ps\ c"Hl 1 x.) 77 YLt-5 Dominique Dontae Lasker VIP Lal\' Librar} Forms,:"oticeSp~ed) Trial-Detainer iR.-v 9" I) IJ- NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, IN FO Rj\'1 A TIONS, DETAI:\iERS OR

INDICTMENTS BY FEDER'\L PRISONER

Dominique Dontae Lasker

FROM:

i~Jl~~9W~~~~&~ttt~1i~~"1J3 Reg. No. 22867 - 2 98 '"6'-\6 ~ S\(cet- Sui \ c.. \ United States Penitentiary Victorville FCC

HtVV\~~\-{u.J \'1-.. t7LjyS' PO Box UOll 3900 Adelanto, CA 92301

Dear Sir,Madam: I. I have been infonned that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: # 11-01-13703 979-826-8282 CaQital Murder Charge # 11-01-13704 979-826-8282 Ca12ital Murder Cha~ Ca2ital Murder Charge # 11-01-13705 979.,.826-8282 # 2. I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3.1 was sentenced in the United States District Court for the Southern District of California, to a tenn of 121 months. My current projected release date from federal custody is Aug u s t , ~, ~o !..2. ' as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and *480 do riot allow my participation in certain r~.QrO£.rams. I rema~~c/assification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. r have provided this communication to invoke the statutes. rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within 'one-hundred and twenty ( I ]0) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially, D,wd ~!,::*,fe~lk@!!~~~~~~RE~Ql~'E~ST~OR July 7,1955, as amended, r. Dominique Dontae Lasker to administer oaths (18

-------U~.cC)S_;b.G. § 4004) . WrTNESS-PRrsnr--; STAFF :o.·IE~fBER ("OPIES: ()RlejlNM 10 DIS rR leT A TTuR.'iE\,. \"D KEEP (OP\" FiR ()II"" REC"l.JIW, ! () FiE I. SED II 1 rr I REI)I 'F-; r Tn COL'R T FI lR DIS.\JfSS.\L. ALSO: l.'1e-1 I 'DE [JII( I \IF" T.\ I In, ^[1] RIi~1 r HE C -I.'>' \1.\\]·\(",1<, REI'( iR OS REI, ·\R;lf',:ej I HE \\ ·\RR .\ '. I· !JF r .,,'., P. I '.J) II PI ";Ifli l Y()I'R <;I~" rr:'iI··F .1 11)~/T( lRI"·' ;."DA r·\ C' )\IPI -:.\ 1]1 .)~ I'fI/\":' H. r ,/lI)\A , .... 1.., 'I 1)1 R rRIIIH-' U) kfl F ·\ .... f· !P .. IT VIP l.aw l.lbrar) F,lrmSiNo[lceSpeed) Trlal-Detarner (Rev 9.'11)

CERTIFICA TE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, this ~ day Victorville USPIFCC, at Adelanto, California, on of

1,,0\,(0\ ( , 20 12 , with sufficient postage affixed. It would be noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 2).

1). District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

*481 Waller County Courthouse

FOR WALLER

COUNIY 836 Austin Ct., Room 318 Heapstead, IX 77445-4673

~'~ ~ iI1i que ~Lasker ....... Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

~','s' , . ~~t.+ ~I.JSL . S Ii. lA.st S:+ru./ VIP Law Library Forms! Certificate of Service (Rev. Sf II) H o>J:.j\;o"","f\,. , j"" f\ ' " .\ 1'( u.s. Department of Justice • • • • t _ • • t '_' Federal Bureau of Prisons 20 f 3 r~ i -- ,') r .. 10 c g . I: . '- - - -- .J [ Federal Correctional Complex Office of the Correctional Syt.9t'-~-.:+:-+-II+-A~ Victorville, California January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV(a), which expires on DATE) Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the lAD Form V (BP-568) and lAD FormVl (BP-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

Page Two

RE: Las ker, Dominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the lADA, you are required to return the above named inmate to ~his institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Cont~_ct Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. *483 If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden ((lU~ /s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator /&

(~

BP-S235 (51) lAD -NOTICE ~14· UNTRIED INDICTMENT u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INMATE NAME:

FCC VICTORVILLE COMPLEX

LASKE~ DOMINIQUE DONT AE 22867-298 Pursuant to the Interstate Agreement on Detamers Act, you are hereby mfonned that the followmg are the untried indictments, infonnation, or complaints against you concerning which the undersigned has knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, infonnation or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your tenn of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. *484 Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, infonnation or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affinnatively consented to or or ere suc e Ivery. d d hd J' Linda T. McGrew,

DATE: NAME AND TITLE OF Complex Warden

CUSTODIAL AUTHORITY

Charles E Samuels lr. August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Original Inmate Copy: J&C File Centrallile 17 BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM FEB 94 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Jurisdiction: Court: 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And I hereby request that a final disposition be made of the following indictments, infonnation or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for fmal disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court *485 or officer and return this form to the sender. Forms BP-S238(51), Certificate of Inmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: LASKER, DOMINIQUE DONT AE January 30, 2013 Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, infonnation or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. Address is: (Street, City, State, Zip Code) A. My Counsel is (give name)

Vrequest the Court to appoint Counsel. (Inmate's Signature) / Record Copy· Slate lAD Administrator; Copy· J&C File; Copy - Cenll1l1 File (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy· Clerk of Court (Mail Certified Return Receipt) If' BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS COFRM Fcb1wy 1994

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE

COMPLEX Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tenn of commitment under which the prisoner above named is being held:

121 MONTHS 2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS 3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS 4. The Amount of Good Time Earned: 108 5. The Date of Parole Eligibility of the Prisoner: 6. The decisions of the U.S. Parole Commission relating to the Prisoner: 7. Maximum expiration date under present sentence: 11-29-2020 *486 Detainers currently on file against this inmate from your state are as follows:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Name and Title of Custodial Authority By: (Chief Executive Officer) Date: Linda T. McGrew, Charles E. Samuels Jr. Complex Warden 1130/13 Director, Bureau of Prisons ~.u.--- l(' D. Wren Correctional Systems Specialist Record Copy - State lAD Administrator Copy - J &C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

;1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY BP-S239.0S1 CDFRM February 1994 U.S. DEPAR~NT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30,2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

LASKER, DOMINIQUE DONTAE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the indictment, infonnation or complaint which is described in the attached inmate's request dated: September 27, 2012

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached. Indictments, infonnation or complaints charging the following offenses also are pending against the inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities *487 in these jurisdictions for purposes of these indictments, information or complaints.

DISTRICT COURT OF WALLER COUNTY, TEXAS

CAPITAL MURDER

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

Charles E. Samuels Jr. FCC Victorville - USP Director P.O. Box 5400 Correctional Systems Specialist Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden

lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION

BP-S565.051

CDFRMDEC 02 U. S. DEPAR'l'MEN'l OF. JUSTICE FEDERAL BUREAU OF PRISONS This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298 via X LAD __ State Writ (check one), and do hereby agree to the following conditions in connection with the request for custody of said inmate. Conditions a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the S2me level of security required by Bureau of Prisons Policy.

b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to include diSCiplinary problems, medical emergencies, suicide attempt, escape or attempted escape or any other problem arising during commitment.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for service of any sentence imposed in connection with our prosecution. d. Agree to return said inmate to the federal institution from which they were obtained at the conclusion of the inmate's appearance in the proceeding for which obtained. e. Agree to notify the local jail authority of ,the responsibility to return the inmate to federal custody. As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Crimin~l District Attorney, hereby submit the following information in connection with my request for temporary custody of LASKER, DOMINIQUE DONTAE, Federal Register Number 22867-298.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be confined during legal proceedings. 2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal custody: *488 4. Name and phone number of the state agency, specific name of agent(s) who will transport the inmate at direction of the court and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or the OSMS, will be transporting the inmate for the state. 5. Need for appearance of inmate and nature of action. 6. For State Writ cases only (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and

phone number of clerk of the court. b. Reason production on writ is necessary and reason another alternative is not available (for civil cases) . 7. Signature and Title of Prosecutor Date Subscribed and sworn before (Date) : ____________________________________ _ 8. Signature of Notary Public Date

Original - J&C File, Copy - Central File This form replaces BP-S565 dcd FEB 94) 21 PAGE 1112/1113

RECORDS

· '89/135/2012 0S: 35 BP-S568. O~l :tAD FORM V - REQUEST FOR TEMPORARY CUSTODY CDFRM MA\JLLO FEB 94 ,. U. S. DEPAR.TMENT OF JUSTICE FEDERAL BUREAU OF PRl:SONS Six copies. Siqned copiu m'Ust be sent to the I?dsoner and to the official who has the pr.i:l5oner in custody. A copy should be sent to the Aqreement Administrator of both the sending and the recQiYing .state. Copies \Should be.retained by the person filing the raque.st ".nd the judge who ~igns the rQquast. E'ri07: to transfer \;m.der this Aqreement, an Inmate IT\Sy be afforded a ju.dicial hearing (Cuyler) similar to that provided under the Uniform Extradition ~ct, in which the inmatQ m~y bring a limited challenge to the receiving state's request.

Raqu •• t for Tamporary custody V N;t;.c1 .s+", t...s t>el'v' -1~J<JfrAr'-1 ~ Vic. fo~ v''' Ie I-C C. 7 -0. 130)( 3000) Pt oe f;;'rJ.., J) L To: (Warden-superinten~ent-D~rector) - Ins~ituti~n and Address ~ -.~.3 0 I ....J . / Please be c:ldvised that (Name of Inmate) J)OMd\l H1LA EO j) ON t liE LrlS KeI2...12.5(,r- 1..':;", who ~i~~. ~y an inmate of your institution, is under [indicate appropriate] .

_ ~!1d~~_e~~_1 c.. 1 ~ in the (Jurisdiction) /':ifl{GR'lat:ion) (~lllpla!'nt) . ,,1 1. \.0~lleV' CO(..A/vt y 1"€'(i45 of which I am the (Title of Prosecuting ':::> (; ODiS"\Vl,'c:.. f A" H Oyz"}\J~ Officer) Said inma.te is therein charged with the offens s) enumerated below:

II - 0 1- Of£.nae(lJ) CD Cp.yi-t~l Ml.A.v.oeV l\-o( - 13 =r03o/(;c.J9il-~{ J~v IV~ L I -0 I - 13 -::rot{- j3) ~:'~~ I propolSe to bring thilS penon to trial on t ie [indicate appropriate) (indictment (~C iI",,'1 t Jlri (-eOl"~d"jt) Io/'ithin the time .specified in Article lV(c) of the Ag.teement. In ord.~ that proceedings in this Matter may be p~operly had, I hereby requeat temporary cu~tody or l5uch per$one pursuant to Article IV(., of the Agreement on DQtainere. Attached herewith find in triplicate: *489 ". Certifier;! copiee of the complaint., information or indictment b. Certified copies of the warrant c. Certified copies of !.i.nqerprint~, pn.otograph!l or physical desed.ption I bereby aqr.e that immediately after trial i:l complet.ed in this jurisdiction, I will return the prisoner direc:tly to you 0: .l).ow any jurisdiction you hC!lve dG:siqnated to take temporary custody. I agree nl~o lete Form IX, The Notice of Dil5 osition of a Detainer, immediatel after trial. to co

I j)is +11\' c...:\ Printed Name and Signatur Ti.tl,e Date '=:\,",-0,,", Q.. t--'\~t\"'i.s RHot1 ND\/J..~J ^[20] CQ.J\\.o{INA.

"1'=J Lfi.f. ~ Telephone No.: Address: Ci ty/State: LP'-f 5' 0.1.tk S+<~ e...-I- \-\ -e 'N\.? s-t>e cq,:) IT""< 'I, 1J.s q '1 q - g 2 £, - ~ '=i IS I hereby certify that the person whose elqnature appears above is an appropri~te of.ficer Within ·the meaninq of A~ticla IV{a) and that the facts recited in this request for tempor~ cu~tody are co~rect 4nd that having duly racorded eaid req1,le~t, I hQreby transmit it :or actYon i.n cord.nee with its teon and the ~ovisions of the Agreement on Detainers. I

Judge's Print~d Name and Date /VO \I ;1.(JJ 20 I ~ I b.4v~ \"\. Me COl\ Cou.v1 Telephone No. t1"1

L~

(This for.m may bl! r:eplicated via WP) ~ • . ~~. J .\'b. M 1\'1 C.' J q 21- O~ 2.. ~ II. ': ,,'" \ " I t!rt . l'f C .3Ig, r. f~€' ~ ... ' iti~.· Ju~~~e, 506tt~ Judicial District COU~ Wader and (lnmes Counties, Texa<;

... .~. - ... .......... Zufll:> (~'Q I 'J r'H 3 : 37 J bj I, ;, I i j '!v~ ~; ;

_ 0 E PUT Y ----- IN THE DISTRICT COURT OF WALLER COUNTY FOR THE STATE OF TEXAS (S06th District) 979-826-8282 No. 11 - 0 1 -13 1'03 ) STATE OF TEXAS, 979-826-8282 979-826-8282 11-01-13704 ) 11- 0 1 -13 705 ) Plaintiff, )

DEFENDANT'S PRO SE MOTION TO DISMISS THE INDICTMENT OR

) vs. )

INFORMATION HEREIN, OR IN THE

) DOMINIQUE DONTAE LASKER,

ALTERNATIVE, DEFENDANT'S PRO

)

SE MOTION FOR APPOINTEMENT OF

Defendant. )

COUNSEL AT PUBLIC EXPENSE

*490 14 -------------------------) 1. MOTION COMES NOW pro se Defendant DOMINQUE DONTAE LASKER, without the assistance of counsel, and moves tnis court for an order to dismiss the indictment or information filed against him in the above entitled action.

This motion is based upon all of the files and plead~ngs in this case as well as the attached declaration of the Defendant. 25 DEFENDANT'S MOTION TO DISMISS - Page 1 26

II. DECLARATION OF DEFENDANT

1 2 DOMINIQUE DONTAE LASKER deposes and states as follows: 3 (1) I am the defendant proceeding pro se herein, I am over 4 the age of 18, and competent to testify in a court of law. 5 I have knowledge of the facts contained herein, and 1 (2) 6 make this Declaration in support of my motion to dismiss, and in 7 the alternative, my motion for appointment of counsel. 8 (3) I am currently serving a sentence in Federal custody 9 in the United States Penitentiary at Victorville, California. 10 (4) In July 2012, I filed with the Prosecutor of this County 11 a NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND 12 FINAL DISPOSITION pursuant to Tex. Code Crim. Proc. Art. 51.14, 13 const. Art. VI, § 10, and the Interstate Act on Detainers. *491 14

(5) My notice was directed to the District Attorney at the 15 District Attorney's Office, 846-6th Street, Suite #1, Hempstead, 16 TX, 77445. (SEE Exhibit 1, attached herein) 17

(6) Since the filing of this request, the State of Texas has 18 made no attempts to have me returned to that jurisdiction to be 19 able to face my charges, and present a defense to these allegations., 20 (7) More than 180 days has elapsed since the filing of my 21 notice to the Office of the District Attorney, and they have made 22 no efforts to resolve this matter. 23 24 25 DEFENDANT'S MOTION TO DISMISS - Page 2 26

1 (8) I believe that any opportunity for me to have a fair 2 trial is gone due to the passage of time, and the memory fading 3 of any and all witnesses that I may call in my behalf. 4 (9) I believe that the longer it takes for me to get to a 5 trial will hinder my ability to present a defense, because I may 6 not be able to contact my witnesses, and gather information to 7 assist with proving my innocence. 8

(10) I am currently indigent, and proceeded indigent at my 9 federal trial. I cannot afford to pay for counsel. 10 (11) I am asking the court to appoint counsel for me at 11 public expense, so that my rights my be properly protected herein. 12 (12) Under penalty of perjury, under the laws of the State 13 of Texas, I declare that the foregoing is true and correct. *492 DATED this L ApC'! , 2013. day of ~-;:r- . j)'fi~S~Defendant

25 DEFENDANT'S MOTION TO DISMISS - Page 3 26

\ INTHE District COURT OF Waller COUNTY FOR THE STATE OF Texas [506 District] --~~~--~------ Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pur suan t to ........ . Plaintiff, ) ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) v. ) (Constitution, Art. VI, § 10 ) ) ) CASE NO. 11-01-13703 979-826-8282

Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby gIven that the above-named Defendant, IXmin:i.cp: D::nt:re lasker IS currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate term of 121 months of imprisonment from a *493 judgment imposed by the United District Court for the District of 16 2011 California on December - - ' - - - Defendant has a projected release date - - - - - - - , from federal custody on _A.....;ug=u_s_t _______ , 13 , 20 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending in this jurisdiction. Specifically: 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial, an in abstenfia resolution be arranged. VIP Law Library Fonns/NoticcSpeedyTrial·Detainer (Rev 9ill)

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v .. Vorth Carolina, 386 U.S. 213, 222-213 (1967). A state is responsible for a defendant's speedy trial rights, even \vhere a defendant is held in federal prison. see: Smith v Hooev, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Michigan, 507 U.S. 43,113 S.Ct. 1088,122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by tcial or settlement in absfenfia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, infornlations, charges. ano/or ("n",~l~;-.-

v' I V·,("I._-f- '_ I. -v \. ",")-f.~ , tR presently pending in this jurisdiction, within a reasonable period of time not· iA (\{I, (':c,1 f,...; \0: i\'-. '0(> -- Respectfully Submitted, ~ (\<." 'r' \\l C c- \ *494 ~~./

fL

Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCA TE OF SERVICE

I hereby certify that a copy of this document \vas mailed to the office of [he district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS-\t''C e-t A1+orV)f. L{ D~to G\-"'~'(Ld Su.i\'(.. \

1\ eVYlp~·h:~J. 1 X. J '77 <-j~-5 Dominique Dontae Lasker VIP Law Library Forms/N(lticeSpeed) Trial-Detainer (Rev 9/111 alternatively. that you submit request for temporary custody to the federal bureau of orison authorities. Dursuant to the , requirements of applicable statutes for: Interstate Agreement on Detainers ("lAD"),

\ Cordially, Authorizated by the Act of July 7, 1955, as amended,

-W-'TN-E-S-S.-PR-I-SO-N-' -ST-A-F-F-M-E-M-B""""dn-r-p .... a ... df>.v.rninister oaths (18 U.S.C. § 4004). COl'/ES: ORIGINAL ro DISTRICT A TTORNE\', A!'D f-:EEP COpy FOR OIl'!'J RECORDS TO BE I.'SED WITH REQL:EST TO COl'RT FOR DISMISSAl. ALSO: INCU:DE DO( 1:~'IEST,,\ liON FRUM THE CASE ~1ANAGEIVRECORDS REG.ARDf'lG THE W.ARRM;r.'DET . .,INER A:>iD IF POSSIBLE Y01.'R SE:>iTENCE ~1t)SITORING/DA TA. C(j~·IPI.;TATIOr-; PP.ISTOLT SHOWI"G V()L'R PROJEc'TED REl.EASF OA rE VIP Law Library FonnsiNoticeSpeedyTrial·Detainer (Rev 9/11)

*495 Cause No. 11-0 / --- / ?f70 3 /31cLj STATE OF TEXAS IN THE DISTRICT COURT ~ /~r;DS v. WALLER COUNTY, TEXAS § § -fer § 506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: l. 9:00 a.m. ARRAIGNMENT 2. 10:00 a.m. MOTIONS & PLEAS

All parties and Counsel shall be present and prepared to discuss all issues allowed under CCP., Art. 28.01. . *496 HEARINGS & BENCH TRIALS

3. 1:30 p.m. On or before to-days before Pretrial Hearing Date all C.CP., Art. 28.01 matters must be filed or will be considered waived. 4. 10:00 a.m. PRETRIAL HEARING 5.

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court of any special needs for presentation oftheir case, including technology requirements, interpreters or accommodation for disabilities. 9:00 a.m. JURY TRIAL 6. Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives forma) Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: ___ 5-"----"';2"-'--~-'· c-----')---!3=--__ , replacing prior Scheduling Orders. Counsel for State Defendant's Signature Counsel for Defendant

ALBERT M. McCAIG, JR., Judge Presiding Gold--Defendant's Attorney Pink --Defendant Copies: White--CJerk Yellow--State II-OI--/3l0S- WALLER COUNTY MAGISTRATE'S ADMONISHMENT FORM WARNING OF CONSTITUTIONAL RIGHTS This is to certify that the undersigned magistrate did, 24th day of May, 2013 atZ-: itt ~/p.m., administer the following warnings to: NAME: LASKER, DOMINIQUE DONTAE DOB: 03/2111984 AGE: 29 S.S#: 460-69-72311 D.L.lI.D.#: TX-02477217 24875 PRIELIPP ROAD Address:

WILDOMOR CA 92595

Phone: 760-508-9212 f e It;) !IV Y ByrSINESS NAME AND PHONE: (,,>.1. You are charged with the offense of MURDER. An affidavit, or complaint, charging you with this off::nse (has) (lII8 .,t) been filed with the appropriate court. (~ 2. You have the right to remain silent, the right to have an attorney present during any interview with Pf¥ce officers or attorneys representing the state, and the right to terminate that interview at any time. (VJ 3. You are not required to make any statement. Any statement made by you may be used against you in coprt. ~V 4: You have the right to retain or hire an attorney. If you are Wlable to employ an attorney, you have tHe right to request the appointment of an attorney by completing a fmancial assessment form. This fonn is *497 available for you to complete at this time, and assistance in filling out the fonn is available if necessary. You . m Y- be ordered to reimburse the cost of that attorney if you are found guilty of the offence .

6. Are you currently out of jail on bond on any other charg~s? Yes <@(circle one) Charge: County:,----:---= ___ ~_..__:__:__- ( . Are you currently on probation or deferred adjudication? Yes 0 0 circle one) ( . Are you currently on parole? Yes 0 0 (circle one) ( . Are you requesting the appointment of an attorney at this tim Ye r No (circle one) ( 10. Are you a United States citize~or No If no, Do you want us to contact your consulate? Yes or No (attach correct papelWork) ,

Clol" Qs~,I ~

Magistrate's Signature

OffiCiihr--it {

The Magistrate determines that the defendant (does/d9;:i IlQt) ____ speak the English language. The Defendant ~ is not) deaf. Interpreter (If needed) Name:, __________ _

Address: _ _ _ _____ _ _ Phone: ______ ___ __ date:, ____ Time: _ __ _

BOND AMOUNT

Surety or Cash Personal ~mm~---------~

Bail Demeo

I

Cause No. 11-01-13705

[N THE DISTRICT COURT OF

THE STATE OF TEXAS WALLER COUNTY, TEXAS VS. S06TH JUDICIAL DOMINIQUE DONTAE LASKER DISTRICT Black/Male DOB: 03/21184

CAPIAS

INSTANTER

TO ANY PEACE OFFICER OF THE

STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you bave bim/her before tbe Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing biro with MURDER, a felony.

HEREIN FAIL NOT, but make due return hereofto this Court forthwitb, sbowing bow you bave executed tbe same. *498 Witness my band and seal of office, at Hempstead, Texas, tbis 27th day of Janu.ary, 2011. PATRICIA JAMES SPADACHENE WALLERC XAS BY:~.~~~~~~ ______ __

SHERIFF'S RETURN

CAME TO HAND the~~ da~o ,~L3 at I: 0 o'clock ~.ro., and executed by arresting ~.... W~..c AT , in

Cou'!ty, Texas, and placing h)f!!ber in the Waller County Jail on tbd1 .... d day of ~ .' do.J.J 11. _'

I actually and necessarily traveled miles in the service of tbis writ, in addition to any otbel" mileage I may have traveled in the service of otber process in this case during the same trip.

~~~ ,Sheriff FEES: Making Arn~st Mileage miles Connty, Texas Taking Bond Commitment

BY:~:70

Cause No. 11-01-13705

THE STATE OF TEXAS

VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

BlacklMale DOB: 03/21/84

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. *499 Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SP ADACHENE WALLERC BY:~44~~~~ ________ _

SHERIFF'S RETURN

CAME TO HAND the~t day o~ , ;u't at I: 0 o'clock ---.:lL.m., and executed by arresting ~fi< /;..(}.J ..c , in Coul!.ty, Texas, and placing ~

' him/her in the Waller County Jail on tht>6l3 ..... d day of ~1 ~()I~ .

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

&!:1tSm I~

FEES: Making Arrest

, Sheriff I Mileage miles County, Texas Taking Bond Commitment

BY:~~ Cause No. 11-01-13705 THE STATE OF TEXAS VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL DISTRICT

PRECEPT TO SERVE COPY OF INDICTMENT TO THE SHERIFF OF WALLER COUNTY - GREETING YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE LASKER, the defendant in Cause No. 11-01-13705, wherein the State of Texas is Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the accompanying certified copy of the original indictment charging himlher with MURDER now on fIle in said Court.

HEREIN FAIL NOT, but of this writ make due return as the law directs. *500 GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of

January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, TEXAS BY~:~~~~~ __________ _

SHERIFF'S RETURN

CAME TO HAND THE dQ,J day of--'m'--'----'~_-,~/S , at J o'clock..t2-. M. and executed by delivering the acco anying certified copy of Indictm~nt N 0.11 .. Ul- 1326"to ---II...pr:L.L.II'I>L-9~---~OOILj~!.-- ___ ",,------------:> the defendant herein, in person, at o'c ck -O-.M. on the day of ~

-1 r ~11 GLENN SMITH, SHERIFF WALLER COUNTY, TEXAS BY: QS?~

~D~

Cause No. 11-01-13705

STATE OF TEXAS § IN THE DISTRICT COURT OF § § v. WALLER COUNTY, TEXAS § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Therefore, the Court hereby appoints:

REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES

*501 P.O. Box 2097 Lubbock, Texas 79408-2097 806-775-5660 to represent the Defendant through the trial of this matter. Representation through any appeal to the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date.

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 4, 2013. ~~cc G,JR,Judge 506 th Judicial District orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriffs Department cc: Attorney cc: Defendant % Waller County Jail

Cause No. 11-01-13705 § IN THE DISTRICT COURT OF STATE OF TEXAS § v. § WALLER COUNTY, TEXAS § 506 TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER §

ORDER APPOINTING COUNSEL

Therefore, the Court hereby appoints: *502 Frank Blazek Attorney at Law 1414 11th Street

Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 6, 2013. ALBERT M. McCAIG, JR., J 506 th Judicial District

orig: . Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Defendant % Waller County Jail

CAUSE NO. 11-01-13705 THE STATE OF TEXAS IN THE DISTRICT COURT OF § §

c ~ VS. WALLER COUNTY,~~T E Xj\ S ~ § 506TH JUDICIMJ~IST~CT~:~_ DOMINIQUE DONTAE LASKER . : -'"f\; = =~:~:~. DEFENDANT'S WAIVER OF ARRAIGNMENT ~ C-, ~;~.~

AND ENTRY OF PLEA OF NOT GUILTY

TO THE HONORABLE JUDGE OF SAID COURT: w o Comes now DOMINIQUE DONTAE LASKER, Defendant herein, by and through his attorney of record, FRANK BJA.?,EK, and submits this his Waiver of Arraignment and Entry of Plea of Not Guilty.

*503 Defendant herein waives the arraignment required. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

?J /l /I By ______ ~;r ______ ~ __ { ____ ___

Frank Blazek

State Bar No. 02475500

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

PAGE 1 C:\FB\CRJM_K.O\l.A~ker.DD.81075\II.O 1.13705\Waiver of Arraignment.wpd

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Waiver of Arraignment and Plea of Not Guilty has been forwarded to opposing counsel on this the H.!k..

day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite 1 Hempstead, Texas 77445

---'77;

/,fj

Frank Blaz'ek

WAIVER OF ARRAIGNMENT AND PLEA OF NOT GUILTY

*504 PAGE 2 C:\FB\CRIM-'(-O\I...a~ker.DD.B 1075\11-0 1-13705\Wlliver of Arrllignmenl.wpd

\ CAUSE NO. 11-01-13703 . :~;.

--

, ., ( ...... ~

CAUSE NO. 11-01-13704

.:=: ... .' '-- -, -\"; .. <: ,-

CAUSE NO. 11-01-13705

, , ' ,

.. IN THE DISTRICT COURT-OF THE STATE OF TEXAS § . -

-.J

§ TEXAS VS. § WALLER COUNTY, § § 506TH JUDICIAL DISTRICT DOMINIQUE DONTAE LASKER MOTION FOR APPOINTMENT OF ATTORNEY AS CO-DEFENSE COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant, DOMINIQUE DONT AE LASKER, by and through his *505 court-appointed counsel, and moves the Court to appoint an attorney to assist as co-counsel in the defense of the above-referenced matter, and in support thereof would show the Court the following: The Defendant has been charged with Capital Murder and Murder (2 counts),

(l) (2) The undersigned counsel was appOinted by Judge McCaig on June 6, 2013, to

represent the Defendant. (3) The State has not indicated its intent to seek the death penalty. If convicted, Defendant could be required to serve as much as life in prison, The case appears to be complex. Based on preliminary information from the prosecution it is expected that evidentiary issues likely to arise include: (l) custodial interrogation of the Defendant; (2) mental health problems suffered by Defendant; (3) extraneous offenses; and (4) D,N.A. It is necessary for the undersigned counsel to have the assistance of an attorney as co-counsel to adequately represent the Defendant.

MOTION FOR APPOINTMENT OF ATTORNEY AS CO· DEFENSE COUNSEL

PAGE 1 C:\FB\CRIM_K·O\Lasker.DD.BI 075\Molion for Co-Ddense Counsel.OO I. wpd

( (4) The undersigned counsel has conferred with William F. Carter, State Bar No. 03932800,108 E. William J. Bryan Parkway, Bryan, Texas 77803-5334, 979-779-0712, who has indicated his availability and willingness to serve as co-counsel. William F. Carter is an experienced and competent crim·inal defense attorney.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that this Honorable Court will appoint William F. Carter as co-defense counsel in the above-referenced matter. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. *506 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Tel

1

By ________________

Frank Blazek State Bar No. 02475500

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motio,,! for Appointment of Co-Defense Counsel has been forwarded to opposing counsel on this the ...!.,~~:......-_ day of July, 2013, by U.S. Mail, postage prepaid, and addressed as follows:

Elton Mathis Criminal District Attorney 846 6th Street, Suite 1 Hempstead, Texas 77445

Frank Blazek MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL PAGE 2 C:IFSICRIM)(.OIl.asker.DD.81 075IMOIion (or Co· De(en" COllns<i.OO 1.\V1'~ CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E X A S § 506TH JUDICIAL DISTRICT DOMINIQUE DONT AE LASKER §

ORDER APPOINTING ATTORNEY

BE IT REMEMBERED. that on the !L~ay of ,2013, came on to be considered the above and foregoing Motion for Ap ointment of Co-Defense Counsel. After consideration of the same, it is the opinion of t e Court that Defendant's Motion be:

*507 ~ GRANTED, and WILLIAM F. CARTER, an attorney found by the Court to be competent, is he~eby appointed to represent the Defendant as co-defense counsel until the trial of this case is concluded, or until released by written order of this Court.

() DENIED, to which ruling the Defendant excepts. SIGNED: ;;u...7 I~ flO! ~

JUDGE PRESIDING

C:\FB\CRJM)<.O\L>sker.DD.8J 075\Motion for Co· Deren .. COllnsel.OO J ."'pd · ( 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRIC~ -0 c

- I

v. -<

COURT OF

\ 1

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: *508 COMES NOW, the undersigned district attorney of Waller County, Texas, in the above- entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following:

1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure. 2. This motion requests the following information which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

~~tt~ ~MathiS ............... District Attorney Waller County, Texas

L// NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on septemb~m. ~this <;

CERTIFICATE OF SERVICE

*509 I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30 th day of August 2013 via first class U.S. Mail and ~--..... by facsimile transfer.

. Mathis - - No. 11-01-13703, 11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT VS. § COURT OF DOMINIQUEDONTAELASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that .such motion be, and hereby is, GRANTED as to those things requested. *510 It is further ordered that the attorney for the defendant furnish counsel for the State the requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code of Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED thisthe ___ dayof ________ , 2013.

Judge Presiding ( 11-01-13703,11-01-13704 and 11-01-13705

=E

c:J p ~ c:::» -<

~~ c..,...) ~U> ~ c:

::0-1 THE STATE OF TEXAS IN THE 506th DISTRI § G"> ::J;::J1'\ On,

c...>

0 ~-tf11

v. -0 ~~o - :<r'1 _ .... COURT OF § -1::;;0 ;.,,:;>:: r:? >< DOMINIQUE DONTAE LASKER § WALLER COUNTY, TE*S N :P- (n CP

STATE'S FIRST MOTION FOR CONTINUANCE

Now comes the State of Texas, by and through her Waller County Criminal District Attorney, *511 Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article 51.14 of the Texas Code of Criminal Procedure and would respectfully show:

1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11,2010 in Waller County, Texas. The indictments were signed on January 27,2011 after a lengthy investigation.

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

4. The Defendant was returned to this jurisdiction on the above numbered and styled causes on or about May 24,2013. 5. The Defendant appeared before this Court for the first time on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases.

6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th , 2013. The Defendant waived arraignment and entered a not guilty plea on July 15 th 7. , 2013. The Defendant requested and was granted additional counsel on July 18 th 8. , 2013. 9. No discovery of any kind has been requested by counsel for the Defendant until

*512 counsel met together at the District Attorney's Office on August 28 th , 2013. 10. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. 11. No motions have been filed by counsel with the exception of a request for additional counsel. 12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. 13. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's file. 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

*513 17. The Defense has not yet designated the expert witnesses it expects to call in their case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts.

18. The S tate has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. 19. The first assistant criminal district attorney is scheduled for hip replacement surgery on September 3rd, 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the attorney would be able to try The State of Texas v. Taylor McShan. The first assistant has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the office other than the elected Criminal District Attorney would be a hardship.

· i 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or any time in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impennissibly restrictive, are overbroad, and violate the separation *514 of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple fonnula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the province of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II. (

Criminal District Attorney Waller County, Texas TBN 24014568 645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX)

*515 NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506th Judicial District Court of Waller County, Texas on Septemb~.m. _ ton R. Mathis -

CERTIFICATE OF SERVICE

~--:::::;ooo""""'--"=---+-- Elton R. ~ ' - - - - - 1./8

11-01-13703,11-01-13704 and 11-01-13705

THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

*516 BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis, Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that the statements therein contained are true and correct to the best of his knowledge.

~ Given under my hand and seal of office, this ~y of-l-----\7""""-i'f""~--I' N.n1r~",r..J.l.11[Wlic in and for Waller County, Texas

11-01-13703,11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT v. COURT OF

§ DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

*517 It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthennore, this cause is set for trial on ------------------------

Judge Presiding No. 11-01-13703,11-01-13704 and 11-01-13705

CJ

THE STATE OF TEXAS § IN THE 506th DIS Cl § COURTOF-ci VS. c - i -<

DOMINIQUE DONTAE LASKER § WALLER COUNTY, !

STATES MOTION FOR COMPETENCY EXAMINATION

COMES NOW, the State of Texas, through the undersigned District *518 Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.l04 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges.

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11, 2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing.

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

5. The Defendant during a Court appearance before this Court 51

demonstrated in his demeanor a lack of understanding of the

proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. ~SUbnrltt:

Elton R. Mathis

*519 District Attorney Waller County, Texas SBN: 24014568

Judge Presiding

NOTICE OF HEARING

Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9,2013 at 4:30 p.m. ~iliS ' ' - - -

CERTIFICATE OF SERVICE

*520 I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30 th day of August 2013 via first class U.S. Mail and by facsimile transfer.

Elton R. Mathis (

11-01-13703,11-01-13704 and 11-01-13705

.....,

(D

~ = - ~ r- IN THE 506th DISTRICT -< THE STATE OF TEXAS § r-o ::::a. fT1u; C v.

;:0

§ COURT OF G"') - i w 0::0.." a On- e: r z-ffTJ

-u DOMINIQUE DONTAE LASKER § WALLER COUNTY, T -;C"Jo 3.: :<~ ..

-1::;0 N rTl A )<

<::) c.n >

STATE'S FIRST MOTION FOR CONTINUANCE'

*521 Now comes the State of Texas, by and through her Waller County Assistant Criminal District Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code o/Criminal Procedure, and as allowed by Article 51.14 ofthe Texas Code o/Criminal Procedure and would respectfully show:

, 1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11,2010 in Waller County, Texas. The indictments were signed on January 27, 2011 after a lengthy investigation.

2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On infonnation and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery.

6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6 th , 2013. The Defendant waived arraignment and entered a not guilty plea on July 15 th 7. , 2013. *522 The Defendant requested and was granted additional counsel on July 18th, 2013. 8. 9. No discovery of any kind has been requested by counsel for the Defendant until

counsel met together at the District Attorney's Office on August 28 th , 2013. 10. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. 11. No motions have been filed by counsel with the exception of a request for additional counseL 12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. 13. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's file. 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013.

16. The State's trial case requires the presences of several out of ~ate witnesses from various law enforcement agencies in California and Virginia. Given the present posture of the case, the State will require more time to coordinate and assure those witnesses' *523 presence.

21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or any time in the near future would be reversible and harmful error.

23. While acknowledging the existence of Article 51.14 of the Texas Code of Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial *524 by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas andlor Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the providence of the judiciary not the legislature.

Counsel would further show that this is the first request for a continuance by the State of Texas.

II.

This Motion is made in the interest of justice and not for the purpose of delay, but so that justice may be done. A continuance is requested for only as long as is necessary. ,

THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be

granted and this cause be set at a later date. 57

Assistant District Attorney

Waller County, Texas

TBN 06435100

645 1ih Street Hempstead, Texas 77445 (979) 826-7718

(979) 826-7722 (FAX)

*525 11-01-13703, 11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DISTRICT v.

§ COURT OF ~ DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

AFFIDAVIT

*526 BEFORE ME, the undersigned authority on this day personally appeared Frederick A. Motion and that the statemenls therein contained are true and :z ~ Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the

~rederick A. Edwards Given under my hand and seal of office, this the _ _ day of _ _ __ _ _ , 2013. Notary Public in and for Waller County, Texas

11-01-13703, 11-01-13704 and 11-01-13705

THE STATE OF TEXAS § IN THE 506th DISTRICT v.

§ COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE

*527 It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthermore, this cause is set for trial on ___________ _

Judge Presiding ( No. 11-01-13703, 11-01-13704 and 11-01-13705 § THE STATE OF TEXAS IN THE 506th DIST § VS. DOMINIQUE DONTAE LASKER § WALLER COUNTY,

STATES MOTION FOR COMPETENCY EXAMINA:TION

*528 COMES NOW, the State of Texas, through the undersigned Assistant District Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges.

In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and

two indictments of Murder in the first degree alleged to have occurred on or about March 11, 2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing.

2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people.

5. The Defendant during a Court appearance before this Court &/

demonstrated in his demeanor a lack of understanding of the

proceedings when this Court inquired into his desire to have court appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court.

The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial.

ORDER

*529 THIS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints __ _____________ ____ , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: - - - - - - - - - - -

Judge Presiding 11-01-13703, 11-01-13704 and 11-01-13705 ~ =E o:J - c..o,) -< c:;:::l ~

'0 '- THE STATE OF TEXAS § IN THE 506th DISTRIC :poo f'T1(/) c: :;J~ CI) (I:;:O"'T'\ W S2nr ~~ - I v.

COURT OF

0 z-lf1l -;no ' -u -<I -< :x • rt1 .. ~::;o DOMINIQUE DONTAE LASKER § WALLER COUNTY, TE S N I'l?'. :x 0 ~ W U'l

*530 STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the undersigned assistant district attorney of Waller County, Texas, in the above-entitled and numbered cause, and makes this Motion for Discovery of Expert Witnesses, and for good cause shows the following:

1. This motion is filed under Article 39.14 of the Texas Code of Criminal Procedure. 2. This motion requests the following information which is known by the attorney

for the defendant: the name and address of each person the defendant may use at trial to present evidence under Rules 702, 703, and 705 of the Texas Rules of Evidence.

No. 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506thDISTRICT § COURT OF VS. DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS

ORDER ON STATE'S MOTION FOR DISCOVERY OF EXPERT WITNESSES

*531 Upon the foregoing State's Motion for Discovery of Expert Witnesses, it is hereby ORDERED that such motion be, and hereby is, GRANTED as to those things requested. It is further ordered that the attorney for the defendant furnish counsel for the State the requested information on or before the 30 th day before trial pursuant to Article 39.14 of the Texas Code a/Criminal Procedure, at the District Attorney's Office, or at such other time and place as the parties may agree. SIGNED this the ___ day of _____ ___ ., 2013.

Judge Presiding , I

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § § VS. § WALLER COUNTY, T EXA S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT MOTION TO DISMISS *532 TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion to Dismiss and for cause would show the Court the follOwing:

1. The State of Texas obtained an indictment for Murder in this cause in January 2011. Waller County placed a detainer on Defendant while he was serving time in a federal prison. Defendant requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (!ADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional provision of the Sixth, and Fourteenth amendments of the United States Constitution.

2. More than 180 days have passed since the District Attorney and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received the request on July 16, 2012. D~fendant contends that the District Attorney of Waller County received the request on or about that day as well.

3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days. MOTION TO DISMISS PAGEl C:\FB\CRIM_K-O\Lasker.DD.81075\11.Ol-13704\Motion to Dismiss.OOI.wpd

See TEX. CODE CRlM. PROC. art. 51.14, Article V § (c) ("in the event that an action on the indictment ... on the basis of which the detainer has been lodged is not brought to trial within the period provided in ... Article IV hereof, the appropriate court of the jurisdiction where the indictment ... has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease'to be of any force or effect.")

Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011). 4. Defendant is entitled to have the cause dismissed under both the IADA and *533 federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will order the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By ____ ~ ____ ~ __ +-____ __

Frank Blazek State Bar No. 02475500

William F. Carter State Bar No, 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

MOTION TO DISMISS PAGE 2 C:\FB\CRIM_K-O\Lasker,DD.81075\11.01-13704\Molion to Di.~mis:;.OOI.wpd

( Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the 6th day of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street *534 Hempstead, Texas 77445

MOTION TO DISMISS PAGE 3 C:\FB\CRJM_K·O\l..asker.DD.81075\II-OI-13704\1v1oUon Lo Dismiss.001.wpd

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

*535 BE IT REMEMBERED, that on the __ dayof _______ , 2013, came on to be considered the above and foregoing Motion to Dismiss. Mter consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED, and the indictment is hereby dismissed with prejudice. () DENIED, to which ruling the Defendant excepts.

SIGNED: _________ , 2013.

JUDGE PRESIDING

MOTION TO DISMISS PAGE 4 C:\FB\CRIM_K.O\Lasker.DD.81075\11.OI-13704\Motion to Dismiss,OOI.wpd

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T EXA S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL ~IST~C~ ~ ,

,C l

*536 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE ~ ;:6~ g -u >;.!.. 52nr

"n;:Q""T'1 TO THE HONORABLE JUDGE OF SAID COURT: c ....., '---i -i fTl Z .../ -u -ina - :J:t.-<'

Now comes the Defendant, DOMINIQUE DONTAE LASKER, by an thro~ h~g I .• rrlA , 0 ~< attorneys of record, and submits this his Motion for Disclosure of Favorable Evidence, ami fct:; cause would show the Court the following:

1. The State of Texas and its prosecutors have a duty to disclose favorable evidence to the defense. Bracry v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). It should be noted that the definition of favorable evidence is very broad and includes evidence that is mitigating, even if it does not exculpate. The subject evidence in the Bracry case was merely mitigating.

2. The State of Texas and its prosecutors have a duty to disclose any evidence suggesting that Defendant is nO,t competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697 (Texas Court Crim App. 1979).

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE

PAGE 1 CIFBICRlM_K.OILa,k".DD.8107 5111·0 I· 1 3705\B"dy.OO I.wpd

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the District Attorney of Waller County to disclose any favorable evidence to counsel for Defendant, instanter.

Respectfully submitted,

SMITHER, MARTIN,

*537 HENDERSON & BLAZEK, P.c. 1414 lIth Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

~~ By t I FranBlazek State Bar No. 024/5500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2 CIFBICRIM_K-O\LA,k".DD.B I 07511 1-0 I-I 37051B,.dy.00 I.wpd

( Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Moti&n for Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the ~~y of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows:

Elton R. Mathis *538 Criminal District Attorney 645 12th Street Hempstead, Texas 77445

PAGE 3

MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE CIFBICRIM_K-OlLa,ke<.DD.8107511 1-0 I-I 37051Bcady.OO I.wpd

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. WALLER COUNTY, TEXAS § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

*539 On this day came on to be heard Defendant,DOMINIQUE DONTAE LASKER's Motion for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above and the time for such discovery to be completed by the prosecution is set at __ o'clock

.m., on ___________ , 2013. Such disclosure shall be made in writing by delivering said writing to Defendant's attorney of record. IT IS SO ORDERED. SIGNED and ENTERED this the __ day of ______ , 2013. JUDGE PRESIDING PAGE 4 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE CIFBICRlM_K-OILa,keLDD.B I07SIII-OI-1370SIB,.dy.OOI.wpd

Cause #--J./~J ~~O:.L.-/ ~----,1,----=,3,-----,'1< __ ~~~5_ IN THE DISTRICT COURT OF THE STATE OF TEXAS §

§ VS § WALLER COUNTY, TEXAS CbM; nYJ'-0 Dm~ U-,;./::.e/

§

§ S06TH JUDICIAL DISTRICT

STANDARD DISCOVERY ORDER *540 STATE IS ORDERED TO FURNISH: 1. A list of all anticipated trial witnesses, to be supplemented as others are discovered. 2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made

pursuant to Art. 38.22 C.C.P. 3. Inspection of: a. All items seized from the defendant, any co-defendant or accomplice. b. All physical objects to be introduced as part ofthe State's case. c. All documents, photographs and investigative charts or diagrams to be introduced at trial. d. All contraband, weapons and implements of criminal activity seized or acquired by the State or its agents in the investigation

of the alleged crime. e. All records of conviction which may be admissible in evidence or used for impeachment of the defendant. f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent

fmgerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc. 4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or other cooperation with regard to the alleged offense. S. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses. 6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness

by the State. 7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints. 8. Inspection of all business records or governmental records expected to be introduced by the State. 9. All exculpatory evidence pursuant to Brady v. Maryland and related cases. 10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the

possession of the investigating officers or other agents of the State. Reasonable inquiry by the State and the defense is required. 11. In appropriate cases, the State is encouraged to furnish offense reports and witness statements in addition to the above items. However, such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the contents are exculpatory. Such statements and reports must be tendered to the defense for cross-examination on proper request under Gaskin or related requirements.

12. In the event that photographs, diagrams or models are prepared as "jury aids" at the direction ofthe State's attorneys before trial, such items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof. 13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature of the discovery herein ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered. In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such motion shall describe how the additional discovery differS from this Order. The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL

The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days ORDERED and ENTERED this ~ day of W after discovery is completed. 13

I /

Cause No. f (-D I ~ 13705 J l--{J/-/ 3 701

STATE OF TEXAS

IN THE DISTRICT COURT /11°1-/3705 v. WALLER COUNTY, TEXAS *541 bOO'J,chCV«e. Dank ULster ~ 506 TH JUDICIAL DISTRICT SCHEDULING ORDER - CRIMINAL Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1. 9:00 a.m. ARRAIGNMENT 10:00 a.m. MOTIONS & PLEAS 2.

All parties and Counsel shall be present and prepared to discuss all issues allowed under C.C.P., Art. 28.01.

3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before 10-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed or will be considered waived. 5. 10:00 a.m. PRETRIAL HEARING Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant

will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

c2. --c2. ~- /Lj-{ 9:00 a.m. 6. JURY TRIAL Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ -L.{{_' _q-_/--=~=:....- ';xlLY---?--

Defendant's Signature Counsel for State Yellow--State

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT § VS. § WALLER § *542 DOMINIQUE DONTAE LASKER § 506TH FIRST AMENDED MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would show the Court the following:

1. The State of Texas obtained an indictment for Capital Murder in this cause in January, 2011. Waller County placed a detainer concerning this cause on Defendant while he was serving time in a federal prison. Defendant has twice requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (IADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional provisions of the Sixth and Fourteenth Amendments of the United States Constitution.

2. More than 180 days have passed since the District Clerk and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received the request on July 16,2012. The District Clerk of Waller County received a second such request on February 8, 2013. The District Attorney of Waller County received the two requests on or about July 16,2012, and February 8,2013, as well. The second request was properly transmitted by and through the warden of the federal prison facility in which Defendant was incarcerated. FIRST AMENDED MOTION TO DISMISS PAGE 1 C:\FB\CRIM_K-O\Lallker.DD,flI075\ll-OI-13705\Mntinn to Dismiss.002.wpd

')5 3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days.

*543 See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that an action on the indictment ... on the basis of which the detainer has been lodged is not brought to trial within the period provided in ... Article IV hereof, the appropriate court of the jurisdiction where the indictment . . . has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.")

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

FIRST AMENDED MOTION TO DISMISS PAGE 2 C:\FB\CRIM_ K-O\Lasker.DD.B 1075\1 )·0 1.13705\Molion to Dismiss.002.wpd William F. Carter State Bar No. 03932800 108 E. William 1. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [TelecopierJ

ATTORNEYS FOR DEFENDANT

*544

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing First Amended Motion to Dismiss has been forwarded to opposing counsel on this the 6sxt 6t\;lay of October, 2013, by facsimile to 1-979-779-9243, and addressed as foIIows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

FIRST AMENDED MOTION TO DISMISS

PAGE 3 C\FB\CRIM_K-O\Lasker.DO.flI075\ll_O 1-13705\Mntinn tn Dismiss.002.wpd

17 --·':·'.'·'r"=""'7'~'" "'::~'~'~':':"'l""~'«'\'i.",."""'l"'.'~"'('"""',"""","~"""'" . ·A-."i."~,;;;'.;;;;;lYim'i\i.;'M""'nJ<"fi!6ti!!'I!,,&l . " . .1 '-. , Cause No. 11·- 0/·- 13'103

1~10+

STATE OF TEXAS § IN THE DISTRICT COURT 13I'J05 § *545 v. § WALLER COUNTY, TEXAS § tom i [\ 41'0':: l)e,rd1,:. I (L'Skd § 506 TH JUDICIAL DISTRICT

SCHEDULING ORDER - CRIMINAL

I~(W

2. -lOiOO a.II1. MOTIONS & PLEAS All parties and Counsel shall be present and prepared to discuss all issues allowed under C.C.P., Art. 28.01. I ;j' I · j[)'DO ~ -- /() -/~ y' ~ HEARINGS & BENCH TRIALSfJ(-,~~

3.

/Jt! d--1-L~ 4. On or before lO-days before Pretrial Hearing Date all c.c.P., Art. 28.0 I matters must be filed or will be considered waiv~. 10:00 a.m. PRETRIAL HEARING 5.

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ -L.1...c..1_-_Lt....:.....:/_:).>L..-__ __ , replacing prior Scheduling Orders.

1JiYl Counsel for Defendant Counsel for State . \mUJ ALBERT M. McCAIG, JR., Judge Presiding . 78 Copies: White--Clerk Yellow--State Pink--Defendant Gold--Defendant's Attorney ,<

I

I ( ~ __ ~ ______________ ~ __ ~ ___ ~~~' ~~ .......

I

t::; ~ p:1-q

I

s *546 i j 1/' ff ~ VM 1lS-1--Lcd teros Il'-{I.-fS I - " I I I Deor ./ I+Dl\~cg1\c Ji6 d je NIr (Cl,ICI '}., ';v- I I I&!QL!~ ~Clt \: DU ('},[e~ C6 b( ~s,~ roVlV\~ but L b~ \,. fLU- J, ~ ~ uJ +icM:' I ~o.\J-L 'bU-Vl' (.D\'\~tlt\J,-,\-loV\cJ rijhts ) ,CAr\J Since ~O\1 c!'CL the.. 0lAcAu42-...,~~J~.-'-----1 < ---:-----f+-~..L..I.o~~-'-'-'.oL-..>.u6.(..I.I~~C- ~L elf ('1&* C&vJ (:Or6~) bdjAa~ '11M' Sllik- cw.J

(

02~p(9"1'O) ,AfuM~S.) L0i~- £aU dLA~f<d r ,heJie,\It..- \'r-hWts with "telJ,,;~I't • .r II {,J .lhA '/'" 1",~ b<.U) . "tJ~"~. en" C ),loS~l ';1",,- ~ £<1- 4.1- ., dodo ,,}.UL ^[1] 0"s~.El.L\.~Cl",",6"-".e:.",,,u.cL..t,-. "-----:-1'1 10 (",,,uk \"oJ; bQ,lc,lok tbe..- ,iAfQcmcJ Jrrv- CAl b 0 :,t:_I'+-

!

I c to <rli 0,,\ fuM- L $",;- t\., L c"",h (M.A \ I'''' it,",.A lV>'- ±boX T 0 ; oJ: \~ cv 1 j

f d ,l flof S,Wc CA..

I

etc!> " nD . l <!>{\.Ctr-'V\iOj ,'!tc4- vnoJtt,C '6t4" Adlcle ,i ,o~ .. "f. ik. C.!ld-c.clf tl/~'1'1,'.'1J f(oceJwe..' 1 [o.w _----'---:-_ _ -++-'~"_"'.c.-O!'_\ ---L~:::.JC::._"'3~+bCJJ ~1'lclCAu'\t i~ho r~, n~~~~e.J k~ '~-IL-'!f\L....' __ ,_----'-__ ___ ----'-_-H---J.-6d.-lJto~r..!,;j'\{;~ .. -J' ~,vJ;~\-_:~~~\5·~H\f cJl'''J) X'Oc~ f){\. oJ (9C~~..LC_--"---'--_

l. ' J \ " e.~J :\-o-k tk' Jite.ocAw,t\ wtiecSs.· J. --~---++----'------------"'--------H:~-YH'g.In~1 to COIJ11 Fi-Je t:opy to District Attorney I ' n"fen<:E! Aft,Gmey f'"'

I '

-.----- ~-, ._" ?1 -------,-j.4--J'---'..I.&:>.~~I.J~t"A~ . .l!..-: ...Jlw.f_· ·....:'ij--"o~~=--lN..-I. ~C~LI==-' ·\J~tl~-I.ffi~\ \;---?~ f (' >W~k-- Q ~J. ~1J.l.cM.~· -I.' e2.6,lLt:h\· \'uJ~~\\{~_. _____ _ ---_----;H----'-~=~.LLlU~hlL~~'\.._· ~\Je C ~CL~t,"3 M~.~~~...:Idl..!.!...!:.k.L:.-~~::!C:.:...-=------ -------Hf---'P'~+=--==-'-'''f'-''I-__l.lJ,~. ~. JQc..kt s:;:ha+ riO ,J \ f~ ·

*547 ()I'\L' 1.+" _~ ___ _l._P_l.a.LL---::!=:--LLJ~vc,L~\JUD('-'-~il!=d-m"-L!J· Ult\. pwl"{\j ·oc.\I','1ct 1')1)(.') ifY\0'h'~I\S thoJ~ kCA.vt bCL-(\ . D hl g,hc..eJ: h 'SbDL;) ',e_cJtl'LS ejf +ttSI:- -th1'OS ~ ~ f'eLe1~"lLl ' ) _ ____ --++-'-'-"==---I->J-\.~L><.L~l..l.l-lJ...LJ>.. ~-..A-.3puJ ~f TdcA'\ Q{\Jt F(~c!,,\ J;~os in'of\ t~£C~l:' ,'/\ fok6J'cl If\ • eLf Art;c..k.. ~\, \:l\, '~IM $:CqIJ ~cmse-\f '-{~LL tadvtJ ib.[ kl ~wt: IlkuJJ . " ~~cLJI\t= Act--~ I"\-' 1. f.llCY\ 1o-.V'L 0.. ~~c.~t of 0~~a,----. _. __ _

bc....

------H--5~~~ '-')Je ').01-1'01\ o..t +b~s. T;f'IIt'l .Wlth \Iour :'f\itH.JS. ~i... WhD\~ fcoWLJ,1-cuw-""-'-'B"-------- ~lc . ~!.-'1A\\ ~it.cJ.!t [\ hcukri\\~\Tc.\\:I\) 'I0U tbc.J.t 1m it I'h~' f\C\.CL

LUI

_~ _ __ __++_:"_'---'-.t-'-'M..!..!.~C>~~~\= CNAIA L:.y" CC~(· -h,e ~Q\J[ ~\~tc\k~o(\ -to SJc. Cu.s.1ro~ tnf \M~ "1 ------H--'-"-~. ~~j~\c....!!;:-\~.~~ '.u.r,:cA-vYlcrH. \ L*~oc C.DIDf\cUltk' ~CI,('Mt-' \lYle ' . I JI){IC l(.Viow. ----:------:-'---:-++-'-'-!L"'-l..--1J.t.r.lll..lll»L..--,\!~)......l..1~-'""-=.......:wx-.rA\) ~ e "c~LL~.LI toa.ck h \, Dtk '1 ~r c'ovf \=

---j - ___ _ -+~LlVl.--'..J:::t..-.b.Il9..~~~~.s.:\J'+_\...J. 'a1.l]"L.\.:~t....J.L!""LL...l±:llh!=L-I.f..Ll''r..Ls·\-l:...-..\. f~L \~ ~u:.t{"C\ '5. u- clC.~..-SW-dl u..f Ibe Jf1toJCl.~+ L IJom!ol''t'W::J' L~~O>pVtS fus. LoIAd- +0 oeder .1(' be.. - - - - ' -__ -+-l---"'~~L...:l.0_..l~~),,60-J/',.,IU~!<:l_. ~-..J:b~~~h~D) ktboctt\ l) CA~L1c.rnp~1\--L·c""~ol.-'-Sh,=J=\-+-I ___ _ --'=---'---_-++-""~~.ll~1 ..!eC\4Jp~pt..u!?Pt=-{\I~Cfll\~£'\ons ;1'£ --rbe 18\'::> Arb'c..\.t.. ~\, \\.1, '. ~( ~k \'C \'\ot on -------H--<U.l:\'U~J ~ o.nicc bu&, sb (oVy\e. ±~c'lW\ ±k..kvrt (\V.claL\ j}w IS l:p~I,\ +\-i bA'~ -------I+--C:!.<'\-". U;:l::::t..S."-1' .....:J;~-I-k. MporrJf'-( .c.\k.~tj~ J't;.s.-1..jr ~IJYI~J' b\ Ac 3\Jy' 'It; . 14ls-hjc.J.· Att?/V'{'·/~·. _ ____ -++----'-'-". O-,.",\.uC\_j--w~.u.[-,=,L~vd(\lj\ ·b,t 0'-\\ -Gen- vk~ULS.\: $\ \1u.t '. 'It \!)U-~ \1\01;- Qc..!f'\: CLrt;£L.cA)

SeAt ±D LuCr)O!) CJ.JJv"hSC \~0- tbCJ..t 1!--' J,Jl[Illt DO ±ll)(c">uJ~ t:b-< WClf~Ae..V\ •

,I

II~. ~~i .A~L~nt~· ~'~=·~_.~~~~f~.~~rn~(M~a='~~~~~_~~~)~V_~=\,~'l~f~3_' ~~··~.~ .. ~'~k_.~J=iJ~,_.~~~~~ f- u.t- -------t-1f-'-'-'0"-'---n""--'--'-.l.l.· """"'1)-L'·'----"~-"""=~=c.\-""e..'_'___'J..'__--'-'-"'=--'~6'~ DO" . ,h<,f CUL ~\ L S£€..~ \I J -J L \ *548 ----'---_--t-1~'_\..u.l4.\.&.---'\-->1L-.J~___1ILL.!:.l.J<:::::!.L-"ll....J:u...u.L~~,.?;'tJ nat -& dtf(l';w Q( J ------++""""Ir'-'~-f--I-.j..J..Uo-'---1-.i..ii=~..:...»<>,---'-'---.;J.l~.~)_()1\ fu . ,Sk-ks. s,t-H 1( hu,rf:u.lltf. C!lYlVlc1 tn

. to.. b~ t..a.ctc.d." __ ___ ...,-,--H,IC-.J£l..Uf.;.!..I!'lIN\..!..>--, ~(Hi,"3 be ~t,-Jy ±dcJ "-!'d~:t:U.l [Y)'( (Dri±\t-a'DDClJ {,i<}"t· "Tbu.d,J.c'-,<-,<-,-I'.L~ __ ~~---1 '~""It -h.~ fu. IA\Cl('ilcA t2(Y ~ Ck't,oor etC Qlf\i cWhtr' "~tu(.$t",A-kD: -----.-HIIl....S<. :;'=>;~k:~=< ?4'ro/'M:,~:,:::D~~~:a:''+-~--,-._. _c ____ --'-il +1"" 4'0tit '.1 10",,1iJ, Jk '1

II

II .' J?,

· I

-'------f+---'--'-'--'-'-'-----"-L.ll.o!lL.l ... l:..w\ \-I-;r~. ·----'"L.lltr'~(1 \t0l!, . \ ,,\eeL ~\!)cxl" ~\\'c.\ ~J-~-Ltb-~'~'-. '\-"1-1 :..L:\')u..~ ______ _ ,~ ~ .!-, ~\.{ *549 .~ __ __ __ I+-~~----L:"---'~~~~..Ioo!.;::u.:.Lr_' t~D~~f.~~ce..k &l-ur±-" tA~\!t\~ te:\±as 1 p~Dm:."UlI..- - - -_ __ !-H~L£+--(;.J..JDl.A-JW~OW\WI.JlU~., --drb<-~d- ~o .\ &~iJn~LK- tblh~S t I L~C)..!LrL-eftLl.!fL' _' _ _ -,--___ -{ -------1i+-'='~_'_I"~~'r---"'-~~:::u~cLw~u.\;-' t ~ ok cv\}o· 1. e,WI V

' ' ----_-+-f-L~~<:L....1~=.,...--W.,;l=....J,~--l\~tue:st Cld\!~ At~(A~'~\'\~' r'\~~ t t19~ ~~ts"-"o'------~_-1 , t ~ ~! JJc r.: cl; ~Jc.L\re- -\:0 sk,,~ vt· 1\e.. ~~~Lt!.l_.J...QJ.~ _______ ~ f IJ-locc .r?p~w..k. O! CC.DCJ\'1~ to \c\'\P lno,t fu 1,,;c.Jler Lt,~'i v Lcsloo\ , ·o( fflJ ,oJ ,&1 r ~V,cifMt~e. oJ~ .... , ~r--"",...!..:.2--""'" -,='L~+V=-_' - - - - - - - - - -1 __ __ _ ~~~~~~~~~G~~~'~~\~UL-~~·-\llk~~~S~c~~b 1~~~s~'~ l~d ::, U£b. lin 0..11 ('( J., :tt b'LJ' ,-,h'-JJ.e---lL\ D.L..-'...L· -tk'--'----'t,><.l..3-.I!..!..-. ____ --'--1 -to d;srnl.fr J iiI , -~- __ -+~~~""_"f_--I-lll~!do~o.!'J. .Jkt If 'JOU jrallt ow- mOTIOn ------t-t-<J-.LL!..IOL-<-.L.!lLU.J,""'-"'.:--'-'I~~ wi I'C:". ~L~L Y' h u\, k;')hu- . Lou,rr- - ____ --I-I-'--U!4J.-l.--O.:L...:W-JQ5.U.Ctl~~-J-,~di-l£c WU\J 1'1= L,.i\\ ~\II'L ~\c'ntC ('.)I)\\-< k-I"-""'''''''-_---,-____ - j

, . \ J ' __ ~ _ _ ~~~~~~~~~~~~,.~~~~e~~----~ )C!ODW 4A\<1.t th l"'-k k>,II bf:- ,J,>MI,LS{;..!...l->G-""'IJL\U ____ -:-----:------1 , 'Ip' ±hUL- (~~~c lc. ur \-\ - ~~al= Was;r",t ~ h (Jt;r~e i=u.lCILi,l-' - - ' - - - - - -1 _ ____ -++-'--<.4-U.--:n;..-.:~u~el to~\Q.'CSIl~ ~"t e..\W~ ~.,:~.\L\\ ·(,)\I~s~tJ.' w), tb~t' OJlr~ ------t-'i--""=.Le-=-~~(l 'oclj·<!lI\C),.' CA, N.ASO()4.:~\.t. cApu\\-, 2:,,,,, } . t)u...~Ui...1.<!...1f"\ "10~ke-!.~'vJ;.(_· - - - - - -1 ----.:--+1f-l-1~~u..m=~n.QM bDfu ~cA~!t~ ~~will D1cLlc. ~~~~~p'-'-'·W'-"-"'-(....JIl.L..v11.----- -------+~:tt..-.JI.:\t:.Jw;..;=~.,...!t\-· ..1. l o:>U",1'W 1.)b(~A- r Y\uJh ~cl' Q,',,j Sea.L b. th~irtL ______ ~_~ - -___ -+t--I"CLlLl\'Y-\~· .l£~, )""u\'~\=--I-':f!LJ.le.,,~le..-~~ (g K-' k: iw.~ery\j ol\j.,' -4h~ 11 . ~~~u ...... --'-___ -,--....; ------+t-~~~~:t."....l=-~~"¢..~~~\.L. \\~S \}- \'\ ~ ±h.. (oJ< IS (o\'Y'r-\.!L.('Y~-~"'--L>v~~'-------....J ~\-...o wi '''3 rnJ ; viJ,. VIce ~ -,..-----,--+--t---W~"---'~I~'----J.h~$eft ~ ~ CA., who\'

'3 tM,,,rb<..,!,c C O\:Jd- Cl\C\\& (\0 - -___ -+~.::..--l,QJ;"l.!~~~.\-\ _\~*:3;'!!.j;K=-:::""''-\....llO~·J !.l..f---l.\)!?Io!::::-lJ>.r~~ay~l_ ...l:\{~\'VI~II-:...!pf'~L-\r~l\tl u., t Drt;c\\J.W\!o\.~c-=-'--~~~-"vo~i..!..:.\\-_--- ~L ~ ~~ '1 Cl)J",·~, %\ ~t1-~c.....:t::.uu-c --I.i'H..tl.'M=Q,:>.)..,t1 lY vU..J.<--,--. ~-------- ------if+-l~L ~~tf ,,\OIAC 1£ f.,'ae.,. ~1\C, ~~l,YI-llll,~kC::1:uk:"Lr------;-- ,'-- ~ .>?:J..

(

Elton R. Mathis

645 12th Street

*550 Hempstead, Texas 77445

Criminal DistrictAttorney VValier County November 18, 2013 Mr. Frank Blazek 1414 11 th Street Huntsville, Texas 77340

In Re: State of Texas v. Dominique Dontae Lasker Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705 506 th Judicial District Court, Waller County, Texas

Delivered by FAX and by Certified Mail receipt # 7002 3150 0000 3033 7222 Dear Mr. Blazek,

Please find attached the State's proposed "Stipulation of Evidence" consisting of a number of attachments. I have taken the liberty of filing these documents with the Court as well for purposes of argument in your motion for dismissal. Fred Edwards, Assistant District Attorney Waller County District Attorney's Office Waller County, Texas Enclosures Cc: S06 th Judicial District Court

?3 .. ~ ~~. d-01-13703, 11-01-13704 and 11-odlJ 105 L~.: IC" THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY. TEXAS § *551 506TH TH JUDICIAL DISTRICT DOMINQUE DONTAE LASKER §

STIPULATION OF EVIDENCE

1. The State of Texas stipulates that the State received documents marked as State'sExhibit A (consisting of eight pages) on February 8, 2013. 2. The State of Texas stipulates thatthe State received documents marked as State's ExhibitB (consisting of five pages and an envelope) on July 19, 2012. 3. The State of Texas stipulates that the State of Texas through the Waller County Sheriffs Office obtained custody of the Defendant on May 24,2013. 4. The Defendant stipulates that the State of Texas sent by facsimile copies of the indictments against the Defendant to Kelly Palmer, U.S.P.O., SDICA, on October 7, 2011, consisting of five pages, marked State's Exhibit C.

5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning necessary forms for transfer on August 31, 2012, consisting of one page marked as State's ExhibitD.

6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden USP, Victorsville, CA forwarding completed lAD and required documents and USPS Certified Mail Receipt card, dated] anllary 2, 2013, consisting of nine pages and card, marled as State's Exhibit G.

7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31,2013, consisting of two pages and forms, marked as State's Exhibit H.

9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas, Texas Administrator cover letter and lAD Form VI to Linda T. McGrew, Warden, USPO, Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service Receipt, marked as State's Exhibit E.

1 .. 10. The Defendant sL l -Llates that the Waller County DA's (,-,irice received from USDJ, • ".' · f - Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's Office letter 0 fMarch 20, 2013, this facsimile received April 9 , 2013, consisting of one page, marked as State's Exhibit I.

11. The Defendant stipulates that the State of Texas sent a letter to the Warden ofFCC-USP, *552 VictorsvilIe, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May 1,2013, consisting of three pages and envelope, marked as State's Exhibit J.

Agreed to this the ___ dayof _ ___________ , 2013. Defendant's Signature Sworn to and subscribed before me on __ day of _ _ _ __ _ __ _ 2013. County Clerk, Waller, County, Texas Approved: Frank BlazekIBilly Carter Attorney for Defendant Elton Mathis Criminal District Attorney, Waller County Judge Presiding 506 th Judicial District Court

2 '.

,

( (' U.S. Department of Justice ,. ' . '. Federal Bureau of Prisons '] r' ~ In: C" '1 ~ ..

Federal Correctional Complex

*553 Office of che Correcti-onal sy.so VictorvIlle, Cdlifornld ---;-f--+.f.4....~ January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County S06 th Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this. 30-day period, provided under Article IV (a), which expires on DATE) Any court proceedings must occur after this date. Please remit to this office the original completed Form VI,

~ "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the TAD Form V (RP-S68) and lAD formVI (BP-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner. -

;-i-'. · , f ' - -

I

( (

I Page Two RE:: Lasker, Dominique Dontae

Register No. 228~7-289 *554 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the rADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden

((U)~

/s/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State IADA Administrator ~ , ( IAD -NOTlCl J UNTRIED INDICTMENT DP-S235(51) u. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

INMATE NAME: REGISTER NUMBER: fNSTITUTION:

FCC VICTORVILLE COMPLEX

*555 LASKER, DOMINIQUE DONT AE 22867-298 Pursuant to the Interstate Agreement on DetaIners Act, you are hereby Informed that the followmg are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, . and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705. You are hereby further advised that the provisions of said Agreement you have the right to req uest the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposi tion of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer ofajurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or

h d r or ere suc e Ivery. d d Linda T. McGrew . . DATE: NAME AND TITLE OF Complex Warden CUSTODrAL AUTHORITY Charles E Samuels lr. August 31, 2012 BY: D. Wren, Correctional

Director, Bureau of Prisons Systems Specialist

DATED:

£NMATE S£GNATURE Original In male Copy: J&C File

Cc:nlral file ( BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM *556 FEB 94 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Court: 1urisdiction: 506 th JUDICIAL DISTRICT

WALLER COUNTY, TX

And to aU other prosecuting officers. and courts of jurisdiction listed below from which indictments, information or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

Failure to take action in accordance with the Interstate Agreement on Detainers Ac~ to which your state is committed by Law, will result in the invalidation of the indictments, information or complaints.

I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included . herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term ofimprisooment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this fonn to the sender. Forms BP-S238(51), Certificate ofInmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONT AE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictmen~ information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate' s consent to the appointment ^[0] f counsel by the appropriate court in the receiving state. A My Counsel is (give name) Address is: (Street, City, State, Zip Code)

@request the Court to appoint Counsel. (Inmate'S Signature)

I

. / ( /

Record Copy· Stall: lAD Administrator; Copy. JkC File; Copy - Central File (SecL I); Copy - I'rosecuting Omcial (Mail Cenified Return Receipt); Copy - Cleric of Coun (Mail Ccnified Return Receipt) .t' ( ( Bp·S238.0SI lAD - CERTIFICATE OF INMATE STATUS CDFRM Fcbnall)'l9 94 *557 FEDERAL BUREAU OF PRISONS U.S. DEPARTMENT OF JUSTICE Inmate's Name: Register No.: Institution: FCC VICTORVILLE LASKER, DOMINIQUE 22867-298

DONTAE

COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tenn of commitment under whi ell the prisoner above named is being held:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 By: (Chief Executive Officer) Date: Name and Title of Custodial Authority Charles E. Samuels Jr. Linda T. McGrew, 1/30/13 . Director, Bureau of Prisons Complex Warden

((J..U.U--

!{' D. Wren Correctional Systems Specialist Record Copy - State LAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certi fied Return Receipt)

lAD - OFFER TO DELIVER TEMPORARY CUSTODY

BP·S239.0SI

*558 CDFRM February 1994

U. S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Date: Janu~30, 2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

LASKER, DOMINIQUE DONT AE

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached. Indictments, information or complaints charging the following offenses also are pending against the irunate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities in these jurisdictions for purposes of these indictments, information or complaints.

DISTRICT COURT OF WALLER COUNTY, TEXAS

CAPITAL MURDER

506 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. Namerritle Custodial Authority: By: (Chief Executive Officer) Institution & Address: ~~~n

Charles E. Samuels Jr. FCC Victorville - USP P.O. Box 5400 . Director Correctional Systems Specialist Bureau of Prisons Adelanto, CA 9230 I Linda T. McGrew Complex Warden

~I ( *559 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION

BP-S565.051

CDFRMDEC 02 U. S. DEPARTMENT 01' JUSTICE FEDERAL BUREAU OF PRlSONS Ii This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request temporary custody of LASKER, DOMINIQUE DONTAE, Federal ReQi.t.r Numb.r 22867-298 via X !AD _Stat. Writ (check one), and do hereby agree to the following conditions in connection with the reguest for custody of said inmate. Condition. a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of security required by Bureau of Prisons Policy.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for service of any sentence imposed in connection with our p.rosecution. d. Agree to return said inmate to the federal institution from which they were obtained at the conclusion of the inmate's appearance in the proceeding for which obtained. e. Agree to notify the local jail authority of .the responsibility to return the inmate to federal custody. As the Prosecuting Official for the State of T.xa. I, ELTON R. MATHIS, Crimin.~ Di.trict Attorn.y, hereby submit the following information in connection with my request for temporary custody of LASKER, DOMINIQCE DONTAE, Fed.ral aeQi.tar Number 22867-2ga.

Information 1. Name of facility, location, contact person, and phone number where the inmate will be \ C4-\.';~ W "'- *" confined durin Ie al roceedings. l)-Il-C-iL-t.. ""'1&.t~ 1:+ 2. Scheduled date for /,trial. 3. ~. G,I." .... ,S' .... ;-Ic."', S'\.v~~ l'li'l)~%",ezQz. "eo\- S l!.\"'u~,J \ -e. J 4. Name and phone number of the state agency, specific name of agent(s) who will transport the inmate at direction of the cou~t and whether a private carrier, contractor (if permitted by Bureau of Prisons policy), state agency, or ·the USMS, will be transporting the inmate for the state. y..{-\\t,. tJ •• S.O. q-rc\~".~e.zBZ. 5. Need for appearance of inmate and nature of action.

--r-( \ ,,_ \ ~Dr (' c.. ?, It- I I'A <.J ( (L '" 6. For Stat. Writ c •••• ~nly (not required for lAD): a. Name and address of court issuing writ, name of the judge, and name, address, and phone number of clerk of the court. b. Reason production on writ is necessary and reason another alternative is not available (for civil cases). Date 7. Signature and Title of Prosecutor Subscribed and sworn before (Date) : ____________________________________ _ 8. Signature of Notary Public Date

Original - J&C File, Copy - Central File ThiS form replaces BP-S565 dtd FEB 94) PAGE 62/63 76B53F11l ( - RECORDS B9te5/2612 68:35 • I , . " *560 BP-SS6B.051 LAD FORM V - REQUEST !'OR TEMPORARY ·CUSTODY CCFRM J\JIAU1.tD Fli:B 94

nDERAL BtJUAU or PlUSONS U. S. DBPAJl!l'MZHT OF JOSTlCE Six copie~. siqned copies must be ~on~ to th •. p~i50ner and to the official who has the prisoner 1n custody. A copy should ~ .sent to t.he Aqr.etI\ent Ac1m1nistrator of both the unding and the rec:d"inq .state. Copiea ,hould be.retained by thQ paraon fHinq tha requ ... t II.nd the judq. who lIIiqns the requeat. Prior to tranaf.r under this Aqr.ement/ an InmAt. may be affordad a judicial heAring (Cuyler) similar to that provided und~r tha uniform Ext:adition Act, in which the inmatQ ~y bring a lim1t~d challenge to the rec~iving etate's requa,t.

Requ •• t: for Temporary cu. toc1y fi To: (.warden-superinten~ent-D~rector) - Ins~i tuti~n and Address VI\J,{:;c1S+04t...s 7el",1~~f'·Ar:J~ v'ic.tOI1v'dlc r-.CC. 7-0· Eo}(.3t10~ ~De(~;z.~)oS

J

Please be advised t.het (Na.me of 1 nmate) J)OM 11\11'1 IA £i J)ol\.d AlE Lt\S kf:12... 2U(,.,.- 2.~, who . ~i·~~Y an inmate ot your institut.ion, is under (indicate appropriate] ~ f'iRi"amation) in

ndictment the (Jurisdiction) (etJlUpnHnt) 5 ( ; b ' 4 CJ. 0 ~ Ilev CO(..4h.>t y 1"f?(J4.5 of which I am the (Title of Prosecuting i5cS~Vl\'c.f R> HOY2.Jv~ Officer) Said inmate is therein charged with the offens B) enumerated below:

l I - 0 1- . ...L ( Of'f'anaQ (a) ta" , T1" ,L!) (i) ,/ /7) U/ Cp..y~1-1'\1 M1.4vt>ev- 1\-01- 13=703) C ... J3il- .. { J~v~,,"" ... LI-t>1-13=tor

~",yO/" e r indicAta appropriate) I propose to br nq thill penon to trial on t I nd ctment !-eoza:cn.tllt) within the time specified in Artic:l. IV(c:) of the Aqreement. In order th.~ proce.dings in this matter may b. properly had, r hereby requast temporary cu~tody of such per.ona pursuant to Artic:le IV!s) of th~ AQraament on Dat4inere. Attached herewith find in triplicAta: a. Certi£iacl copies of the complaint, intortUtion or. incl.i.ctment b. Certified copies af the warrant c. Certified cop1es of f.i.nqerprlnt.2, phocoqr.e.ph.2 or physical da.c:d.ption I hereby aqre. that immediat.ly after trisl h completed in thi~ juri.ldictio·n, I will return the priaaner directly to you a: all.o.", any jur.i.ediction you have dGlsiqnat.d to taka tllZl1pQrary custody. I aqrea 11.1.10 to co l.t. Form IX The Notice of Dis osition of a De~ain.r .i.mmediatel .tter trial. Title I J/ish' .. c;....~

Printed Name and Signatur Date NDV J...c" 1 20 E \ -\ON ~. fv'\ ~ t\...i..s PH ^[011]

CQ.il\.4I,..,A, "9-=JLj-t.f.s;- Address: City/State: Telephone No.: \-\ -e ~p 6-bt-~1~ IT ~ '01.5 LPLf 5' l'tJ..tJ,... s+(~d q '1 q - C; 2 v - 71 18 1 hereby certify that the parson who~c si~n.ture appears above 1s an appropriata of.!icer withIn ·the mean1nq of Articl~ IV(S) and thet the !ac~s recited in ~his reque~t for tempora cu,tody are correct And tha~ havin~ duly rQcorded said r.que~t, I hereby tran~mit it ~or Act~n in cord.nee w1~h ita ter.m and the rovl~lon. of th~ A r •• men~ on D.tainer~. (

Judge's Print~d Name ~nd Signature ~ I bollA M. M.c Ca.~ Court ::; D (p i-\.-. ::r \.4-0" \' c i .4.. \ C.Ou.v-t Telephone NO. Wo.l \~ Cou-..... -t \. . T-e 'i A~ 0"1

(, ...

(Thi~ form mAy bft r.epllcsted via KP) ( *561 NOTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS. INFORMATIONS. DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominigue Dontae Lasker FROM: TO: Office of District Attorney Reg. No. 22867-298 Lb L\, b ~l" 9{ u r S:.ui \ ( \ United States PenitentiJry Victorville FCC

Hc.('I,~~r<uJ T'f.. 17Ljlj.$" PO BoxDOi 3900 Adelanto, CA 9230 I

# 2. I am presently a federal prisoner in the cuslody of the United States Attorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the' Sou thern District of Cal i f ^[0] rn i a , to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes. rules and procedures of this State for speed)' trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("lAD").

Cordially, Dated: i: ~61d..107 I 'a-- ~'i':"~ .'.~~ ___

~ESTOR

z::tbJ~~ i--thw...~· Dominique Dontae Lasker _______ -!....lA!.!d.u.ll.tr.u.IQUJn~·zated by the Act of WrTNF.SS-PRl.o;;ON s'r AI+ ~lEI\..!Jl.ify 7, 1955, as amended, corlES: (JrOCili'-AI II) nl~Tr.lrr .'\1R(~~.ir::li~~,W(Q4th$()~lar('( "UJ~ 1() II[ I'SLn WIT" IU:I)I 'ITI 111 (,()I 'Hl FI)fl rliSMIS~AL. ALSO: 1!-i('11'11i 1)1)( I ~If '\ r.\ III I" I f:1 J\f II If ('.\.sdJ..sI{j)~'§ .4804\~ .. ,\ft"'''.:!' 1'1 IF I.\' ~f!H .\ST;IIF1 .. \I~~I'P, ~ "') II 1'1 J\~IIIII' YOI 'I~ <;1 " II:N!'~ ~1l)"11 OIW';" 'I 1..\ I .\ ( .! 1',11'1 '1 ·\11" .... I' ~ I '\11l1 '1 "'I ^[1] II '''! ^[1] Y()I ,~ l'IU)If'''' r 11 H! I ~ '\\1 I ).I. Ii

;,;; . EXHle.p' I Sf-:B

VIr' 1.01" 'Iilran "'''rm~;N(ltJcc~rccd)'1 nal-Iklmncr (i~l'\' WIll , .

*562 [~THE District COURT OF Waller COUNTY [506 District] FOR THE STATE OF Texas --~~~--~------ NOTICE OF PLACE OF IMPRISONMENT AND Waller County Sheriffs, ) REQUEST FOR SPEEDY TRIAL AND FINAL Plain tiff, ) DISPOSITION ... Pursuant to . . . . . . . . . ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) \'. (Constitution, Art. VI, § 10 ) ) )

CASE NO. 11-01-13703 979-826-8282 Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendan t. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, Ibrrin:i.g.E Ctnt:a= lasker

IS

I. The defendant is serving an approximate tenn of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December - - - ' - - - Defendant has a projected release date ----------, from federal custody an __ A-'ug""'u_s_t __________ . 13 , 10 ~. (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be. outstanding citations, warrants. informations. charges, and/or complaints pending m this jurisdiction. Specifically: 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court [0 order he be brought for trial. and that ·prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. Thl! Defendant further requests in an absence of availability of trial. an il7 ahslenfia resoluti on hL' arrang<.:d, \'/1' I.u" 1.lnrarv 1'lInns/N(lll~c\p~"d\ 'I rtal-! ll:l:IIncr ,I(n '-I'll'

((

(

*563 -L This t\,1otion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klop[cr v. North Carolina, 386 U.S. 2 I 3. 222-223 (1967). A state is responsible for a defendant's speedy trial rights. even where a defendant is held'in federal prison. see: Smith l' Haoel', 393 V.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fer 1', Michigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions, and the dismissal of any outstanding citations, warrants, infonnations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed l20 days.

Respectfully Submitted, Dated: {·9-DI· J..- /071 03

~z ~

~n~~inique . tae Lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 9203l

CERTIFCA TE OF SERVICE I hereby certify that a copy of this document \vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: Dis1-f'C C. t AUO(Vlt lj fi>ll~ G1hs.'Ic.c1 SLli~t" [\c\'Y1P&"\c,d 1 X I 77'-1~.s

Date: ; ~O, d-- / 07 /3 ; .. /~ ~----. ~;:que50~

j

\'/1' I U\\'llhrar~ "rlrm5;r''''lIl'c~rl:cd\"lrlal-lktalllt'r II:,'\" 'I III ( (

CERTIFICATE OF SERVICE

*564 I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USP/FCC, at Adelanto, California, on this ~ day of ___ \ " ' - \ ....... u-.:=. =""'-"-\.}.,()..."""""",,,l-->,+l _ ___ , 20 12 ,with sufficient postage affixed. It would be

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the fo llowing party or parties:

1). 2). District Court, 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUN1Y

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~~ue D~Lasker--"""""<::

Reg. No. 22867-298

United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

'17 VIP Law Library Formsl Certificate of Service (Re\', 8/11) ;' '" ( ( *565 VIPC3 540*23 * SENTENCE MONITORING 04-04-2012 * PAGE 001 * COMPUTATION DATA 15:38:24 * AS OF 04-04-2012 REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984 ARS1 . . . . . . . . . . . . . : VIP/A-DES UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L

DETAINERS . . . . . . . . : YES

NOTIFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR TI:i.E.-*-NHA'PE·S CURRENT COMMITMENT. -- THE INMATE IS PROJECTED FOR RELEASE:C08-13-2019 VIA GCT REL--....·, --- ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMEER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50 -------------------------CURRENT

OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113 (A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT.1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

G0002 MORE PAGES TO FOLLOW . ,Jolt' _ I ~~. Dominique Dontae Lasker ," • ,J. ~.t-.;.~ .. ,' "'~I ":l ··\i~ ! " ",(,:. "h"",1 -' .. ?.-:~ • . ~2u .1-,. ... l_·{"·.,J·ltt-1a::..L .. _J .......... J·l_ .. -,. _'...!-_.l

*566 ....... ~~~ Fed. Reg. -22861-298 United States Penitentiary Victorville

'.1."1 .:iUt ~Jj2. :F~ S L P.O. BOX. 3900 ADELANTO, CA. 92301

,'"

"To:

'I-'~''''\ i l ' : \ . / ^[0] \1 .' "'\ d

...

\'. :.-~:; ,', ' Office \\j Li.l. District Attorney/Prosecutors ,J \! \ o i~ For Waller County \ l __ .--: f:L ,., I ~ r '<2Y b b~ stcU.·t SUi\1' I '-'Legal Mai 1" \ '~.~\ ~2~~~~~ .: .i . . - ~~ Jl __ ~\ \ (.rY'Ir..&t-c (" ~ T'k,") 7 L../j,S DIS A 773' 5E 1. N C 22 Ol/l6/12 --.....,... \tJ

UNABLE TO FORWARD/FOR REVIEW

-!t:±ltiff.l.J.I:!lt~< B~~ 77445540246 DU ~2B04-11515-1l-3~

7744S~:4G24E:

7 7 I' ,,1 C rlic /I {"\,

Ii , • .I i ,"1,1111,1 •• 1,1.1"\, i .,1"111",,, L I, !! ,\1 I I . , . . , . ~ '-=..-.,.J . , ~ "- .- "---"--- _._------_._---------------- --- - .. -.- .~ . ( ( ( ELTON R. MATHIS CRIMINAL DISTRICT ATTORNEY WALLER COUNTY

FACSIMILE TRANSMITTAL SHEET

*567 FROM: DATE:

u.oS. P. D j SD(cA

/l'J-I-II

FAX NUMBER:

b/Cf- ~r=;-~~

PHONE NUMBER:

YOUR ~EFE~NSCE ~UIjB2'- ";') RE· ~. ~O ""- _ \,. Ll

. J..; CCV"\i. r>. ~ ~e.. .u. -'1"_'- "'- H f< <-- " o URGENT ~FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE

NOTES/COMMENTS:

EXHIBIT:

HH (,Til ~TRI\Jo:T. oSTI·:. 1. III\MI'STI·::\Il. TEXAS 774~'i PIIONE: 97 ') K2C.-77 I H • 1',\ X: 971) H2(,-77"2"2 ! (

Transmission Report Date/Time 10-07-2011 04:55:31 p.m. Transmit Header Text WALLER CNTY O.A. MATHIS OFFICE Local 10 1 9798267722 Local Name 1 WALLER CNTY. OA OFFICE Local 10 2 Local Name 2

This document: Confirmed (reduced sample and details below) Document size: 8.5"x11" *568 ELTON R. MATHIS

CJ.IM"'I.IL DISTJ.ICT ATTORNI!Y W ALL I! II C 0 U N T \. FACIINILE TIlANUIITTAL IHEET

,..IIIN

U-S. P.o. SD/c..A

/D-7-11

UG IT'" s·r .. r.r~T. ITl!. I • K£NPIITEAD. TI?);AS n .. u rllONI! '1") 8!'.1'l1,. ";\:!t: 'i'l 11& "''',12 Total Pages Confirmed: 4 Results Remote Station Start Time Duration CP14.400 U.S. Probation 04: 51 : 33 p.m. 10-07-2011 00:03:34

Abbreviations : HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive G3: Group 3 PR: Polled remote CP: Completed TS: Terminated by system EC: Error Correct WS: Waiting send MS: Mallboxsave FA: Fall RP: Report

NO. _'...;..' I_-...;;..:J...;../_-_' '~_' _""_":':...:1.;...-__

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER ~}dU'i.'JUDICIAL DISTRICT

HIM

*569 DOH: 03/2111984 Charge: CAPITAL MURDER Section: 19.03 Degree: CAPITAL FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards. by shooting Janella Edwards with a firearm, and both murderS were committed during the same criminal transaction. .

The Grand Jury for the County of Waller and the State of Texas, du1y selected, empaneUed, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE lASKER, hereinafter styled Defendant, on or about the 11111 day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the defendant was then and there in the cOllrse of committing or attempting to commit the offense of robbery of Stanley Ray Jackson. AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury lo-:L r ( j /1 (1!' /J 7tJ~ NO. THE STATE OF TEXAS IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

..Ji 16-ll JUDI CIAL DISTRICT

DOMINIQUE DONTAE LASKER

*570 HIM DOB: 03/2111984

~ "'1 ~'-. l

Charge: MURDER

Section: 19.02

:I11III

Degree: FIRST DEGREE FELONY ~ ~ L

INDICTMENT

~ ~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of E '-.

506U! Judicial District Court of said County, upon their oaths present in and to said Co

at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIreann.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOl\flNIQUE DONT AE LASKER *571 BIM DOB: 03/2lJ1984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected~ empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th . 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson. by shooting Stanley Ray Jackson with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury .J PAGE [H/B3 RECORDS 75053B r (

08/31/2B12 09:33

\. - 08/31/2012 DATE: -_._----_.--------,._-,--, FRED EDWARDSI WALLER COUNTY S.O. TO: -----------,---,----- ---------------------- *572 FAX: 979-826-7722 ------------,-_._._--' PHONE: 979-826-7718 ---,----,---------------------,._--,--- ED PEREZ FROM: ------------------_._- ,----...:.'-,--- FAX: 760-530-5750 ---~,---,----- PHONE: 760-530-5700 EXT: 5881 -----

PAGES:

- - - - ,

RE:

lAO FORM V ---',,-- ,---,.'"---.-------,,-,-"~-- cc: ,------------- ,-----, , - - - - -

COMMENTS:

Please complete the attached form. Once I receive the form V back, I will complete the request here and forward the remaining documents to you. If you have any questions please feel free to contact me at my direct fine. 760-530-5881, if I do not answer please leave a message. Tn!! messa,e IS intended for official use and m,y tonta1n 'SENSITIVE aUT UNCLASSIFIeD (sau) INFOR~RTION', If this meJs,.e contains SENSITIVE aUT UNCLASSIFIEO INFO~ATION, It should b. p~operly det1vered, labeled, stored, ~nd disposed ot accordin. to Feder~l Bureau ot pr1SDms polIty. o URGENT

. 0 PLEASJi: OOIvJJ.mNT l.f I Pl.EASJ~ REVUnV

EXHIBIT

o FOR YOUR RF.:CC)RDS <31- ]) 'u.S. Postal ServiceTM , . . . ( CERTIFIED MAllrM RECEI'" ~omestlc Mall Only; No Insurance Coverage Provided)

02 Poltmanh"

H ...

*573 ~"'" EXHIBIT. l~· S'f·- E ::.- .

..... ___ J/O(p ~~i·!i;'·"1ff"iimfii89il·V __ · ~'~~III~~ I u,mplete Item. 1, 2, and 3. Also complete

OAg .... itam 411 RMtr1cted Delivery II dll8llad; I Print your name and Bddreu on the rev.,. so that we can return the card to you. I -.i. I Attach thll card to the back at the mBllplece. ' or on the front " space permltL Vee· DNa.' *574 7012 1010 0001 9924 2234 S Form 381 t, February 2()()4c 00meIUcs ReILm ReceIptr·,

10215~11504C1'

- _'.' _.0' ...... , ( Ill/H UNITED STATES POSTAL SERVICe. Arst-(;Iau ,Md. . Po~4F"~II~ .

USPS

Pennlt Ncr. G-100

*575 .- . , ( •

Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, exas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney *576 VValler County April 17, 2013

Texas Administrator - LAD c/o Ms. Donna Bell P.O. Box 99 Huntsville, Texas 77320 RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 lh Judicial District Court

of Waller County, Texas Dear Ms. Bell: It was a pleasure speaking to you earlier today. I am enclosing lAD Form VI for the return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr. Lasker is currently serving time in a federal prison facility in California for bank robbery. Do not hesitate to contact me with any questions or concerns you may have or if you need further documentation.

Sincerely yours, ~~

Elton R. Mathis .

Waller County District Attorney

Enc. ( . , .... T .. - lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDF'RM ilP-A05ii4 /\l'R 10

FEDERAL BUREAU OF PRISONS

U.S. DEPARTMENT OF JUSTICE five copies. All copies, with original signatures by the Prosecutor and the Aqents, should be sent to the Administrator in the RECEIVING State. After signing all *577 copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establishing their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Authority to Act for Receiving state (Administrator and Address) ~~c.- '-' S ~ To: J,w,...J4.. -r: \'Ile~r~ J v{..,J..,,-

Y.o. Boi- s'l./oo V' : ~,:t"r "d l ~ e A

Inmate (Name and Register No.) is confined in (Institution and address) Fc..c.. " ~ c..-b, v' \ \\-e,. ~'"'-f\e,c ..;... uS? J...~-s~r) VOl"'-I."'\~e. DD"-4a..e. 'Bo1'- -S~O 0 P.O. ~~<Ob(- zq~ , 4" f() (!.. ~nr:l wi ^[11] be t.:lItCll iliLu ":U.:lC0uy dt :::laid Inscicution on (date) for re t urn t o t h e C oun t y ^[0] f ____ y.../.z....;;I-~..;;..A...::..:...k.;;.;J...=K:...:..K..::....----------------, S tat e ^[0] f

(£ t i t 5 for trial. In accordance with Article V(b), of said Agreement, I have designated: gent's Name and Department Represented

~ ~ ~ '4/'UYJ /?!vsse;£ /~?'~ t<. whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature)

Dated prosecuti~cial's Signacure ~<£f-A- ~ /1 f} .. • • , .. II- d. CHy/StatQ - Ik7s ~ -" rf. f-r~t')

a.

a. Tel~phon~ No - q,,, 8 z.t.; 71 } P> b. c.

*578 Ev1dence o~ Aq.nt'. Autbority Concinued (Wa rcien-S upe r in tendent - Di re ct ^[0] r;> To: b.. \ eekw --r: c""\ (! (0 r~w, td:. 4J ~ f'- In accordance with the above repreeencaciol'l8 and thQ provi~ions of the AqreemQnt on Detainers, thQ per.ons li5tQd above .re hereby deaiqnated ~s Agenta for thQ

TG')(A- S StatfJ of to return J..fSS~R:1 D~v<f' "DodrAt{ (In~at8/.5 Name ~a li.1}fgi.lter No.) 'e-/8t,t"tGg dd=B~_'fl'. 1;0 the county of ,stan of __ ~ , for trial. At the c9,m}lleUon o~th. trial (InmoSt.) i-ASJ4:{R... Po{'tl\rl-l:r:'(j}'&.JtF eoJo-/'7I'f~ ~~7- c!29rz .5h.ll be returned to tha (Institution and Add.t'8S.5) : ~(!,c. tI.", -/rvll" / Ie. Cof'4t k ~ - V 5 P p (). 3l)~ ~1'{) 0

J4./4/~ 10; e.,q- 9~ 3 0 / Detainer Admini.tcator'~ Signatu.e Oatsd c. City/state a. Name - d. Telephone No. b. Address -

Prescribed by PS875

PO~

2 £I0C: /813/p{3 /11

09L90E909L

t:>13/p{3 39\;1d asnce

I

t: .5. Departtnell~ f Prisons F edera\ Bureau 0 *579 offi~e of Inma.re SY$cems Vlccorv/lla, California 92394

Date: April 8, 2013 J Kaawaloa From' Title:' Cor;ectional Systems Officer Phone: (760) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL

DISTRICT ATTORNEY Telephone: 979 w 826-7718 Fax: 979-826-7722 SUBJECT: - LASKER, DOMINIGUE 22867-289

COMMENTS: Attached is the Prosecutor's certification and the IAD farm VI evidence of agenfs authority. I will need the originals before we CQuld make arrangements for pick up. If you have any questions please give me a call.

PAGES ([neluding Cover Sheet) 4 - 1 I ~ EXHIBlT

:,1;"

t;>13/10 39'\td • *580 I \ : ' . • ~ ~ .' . d oa~e ~ w~ll ass~ ~. ~ro. tba •• i~ 1U04 • will be ptoqided .a!e~lnq, CO· h ~ .~ 1.'-: 01 todY foX that "".todY to iOol~ pt0 , on 91 ,.curity .~1tod bY ...... of •• 1. on' eolioY. b. ~<.O to roPO'" to thO au"'. of .;'ioon' ... y p.ol>l- a.,.,ci6co wiell ~6 -~~_t. ro ...... j.l,l.lit dJ,nq the .-<& .it , d t t incl~ dl.ci9~lnarY p.OO t tt 1 Y 0100 <0 c. AQ' •• na' D> .. lea" oaid i"'~ on b.l1 0< bOnd 0< to eaao1 ell" to an in't~tutton [0 .... medleal .... g .. ol... 5ul a - • .,cape 0< a· . d. Ag'" ta .e.- .alA ~t. ta tho feoeal .""ti",t10 l t •• cape 0< anY 0-< p.Oh1'" uJ.,;nq dudll4 c-t-"t. ;.posed 1n co ... ction wl<h out p . . . . . . tlOO· • of any •• n " .... i of thO i_to" .pPe.r .... ~ the p--oceedi for wOdch ob~d. 0 1<"'" wt>id> thOY ........ Obtained at n4 ten e. ~9~ •• t 1,0 notifY tho local jail .utho.ity of tho ••• "OOS1bil to return tna i~te to o ltu tho conol • u 1OA ." .. ta custad • • r ' t ;;;' f, •• l .. ceed1o s. on, .nd phone n.mbe. where the l0m3 • will b. 2. SobOdUl tion confi ... ~ •• ,_ y. a .. , COGt.~t po •• of tho pri.oner to federal ouatodY' • • rojected date of return e or: edal 3 E' od • and n.ture anspottinq 6. Po~ ..... of ootio', a.. Name .~j.t c.... only C t the judqe, and n ame, address, and pho, •• umbe. '~d addr ... of co.:: a cletk of th •••• 109 W 1 a court. , . -bod for: r t, name of IAD}' and ~eason another-alt ernat1ve 1-" ... not c viI cases). w~1t 1, necessary b. Reaso availab~e (fO~ prioduction on 7. S1qnature and Title of subs crib d e and sworn b efore (Date): =============================== __________ ~D:a~~t:e~~~~ ~~~:::-~~ ___________ proaecutor a. sl~.g~n~a~t:u~r:e-:O~f~~;:;~.~~7:--~~========~-----====

Notary PUb11:C

_ _

~~~~~~~~~~~~~~~~~~~~~----~~~~~~~~ I Date O~rt~·9~1~n-a-l---------------· opy _ Central File : - J,C File, C This form replaces B~-SS65 d td ftB 94) *581 is confined in (Institution and addres:J) Inmate (Name and Register No.) _ - - - - - - - - - :£0 r ,st.ate ot re,"rn to the County of .aid Ins<i<utioo on (dat.) and will bQ t.ken into custody at In accordanc; Agreero~nt, I have d -- or trial. esiqnated: with A,<itl. V(.), 0< s.id f Aqent'.5 N ame and Department Repr.esented Agent's Name and Depllrttnene Renr resented Agent's N arne and D epartment:. it eprel!!ellted the pril!oner. whose signa cur ret~rn {Aqcant' s s' es appear below as 1'> lqnacure) gents to

(l\qent's S' l.qnat:.ure) Prosecut' ^[109] Official's Signature Da.t.ed *582 ( SENDER: CCMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complet&.'

Item 4 If Restrtcted CeUvery Is desired.' • Print your nama and address on the reverse so that we can retum the card to you~ B. Received by ( PrInted Nsme)~ C. Dale of Delivery • Attach this card to the back of the mallplsc9, or on the front If space perm~,. D; Is delivery address dlftarent from Item 11' Yes If YES, enter dellveryaddreas below::,' 0 No:--' ; , SeMca lYPe-:;, :' ' ,

l!J"&tinid Mall';-Cl ExPress Malf'<- .- ,: ,- -' ' 0: RegIstatect.,c,,::,: ,0 Ratum Receipt for Merchandise. D lrisureci Mall' , 'a C.O,D~ , 7002',' 315m DomE 3033"716.1,

2. ArtICI.NWn~~·{~ :'~: ~'---: (TransfWfrom'SatvIce I~'-," PS Form 381-1:; February 20Q4'. ' Dcimestlc. Rstum Receipt:- - .. '-~'--,,--~

EXHIBIT

r '51'6- *583 '--_ _ ...,//5 " ( U SAN aERN~S I~D.INc:>. CA ~r'~ I~ I NITED STATES POSTAL ERVIC~ . . . l--l JAN 201.3' PM ~. - : . , " e~, . • Sender: Please print your narnEt, addres8'; and rH!!!4=1~rts1lm:'-t . ~ ~:, rr: ,. o ~ I

CRIMINAL DISTRICT ATTORNE ~~~ ·ct.. 1- .

WALLER,COUNTY = "'( 0: ' .. ~. t;: ,~;. co·

645:.,12TH STREET

!Xc }'., ' - ' ?" >- . is t, ,,' HEMPSTEAD';. TX, 7744fr. @~ ;" e Co "

U

t, I J J I." I J/Ji n' JIll 'r,,"',II' t, ~/,' h"l1 'm 'J',' hI/PI'

I/,

*584 lib 'u.s. POstal Servicent • ....=! CERTIFIED MAILTM RECEI ..1l ....=! (Domestic Mail Only; No Insurance Coverage Provided) ~~zm~~~~mm~~m!!m:m"~.~.""

I~ L . . 4J;.... ,- .::= 1. JI' .... ,l rn

I::"'

a ~~~~~~~~~~~S~~~~ __ ~.,~~~~,C~~ rn 0445

Postage S a

I----.:.=..:..:...~

a Cor1JnadFee 05 a a Postmarlc Retum RecJllpt Fee

HBI1I

(Endol1lllll1llnl Required) a Restr1c111d Delivery Fell 1--~~=t;L---l $0.00 ~ (Endoraemanl Required) Total Postage & Feee f-$-6--. ?a::=:8:-:.-=~=---i 01110/2013 rn ~ ~~~~--~--~~--~--,---r-~---------, a ~ ~~~~.~~:~Ll.l~~ •••• 4_~.~'"".",.,_""" .. ", .. "", ••••••• , ....... ······i

*585 /17 c===_(_· _______ T_r_a_n_s_m __ is_s_io_n __ R_e_p_o_r_tt_. __________ ~ WALLER CNTY D.A. MATHIS OFFICE Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text LocallD 1 WALLER CNTY. DA OFFICE 9798267722 Local Name 1 Local Name 2 LocallD 2

This document: Confirmed (reduced sa mple and details below) Do(ument size: 8.5"xl1" Elton R. Mathis (m)~T718 (979) 1!2&-T722 Fill(

Criminal Dillrid Attorney Vo.IiIIer County ~nuary 2, 201l Wlrd~n Unit~d Statel Penitentiary Victorville FCC, P.O. 80. ^[3900] Ad~lanto, Califomia 92301

In A~: Inmat~ DOMINIGUE DONrAf LASKER, 22867-289 Requesl for Temporlry Custody (lA.D Form V) OurWlrden, P~a .. find our county's request for t.rn pcrary cunody so lkat INNt!! Oominqu!! Donue ~s.lcer may stand trial for ~pital Murde. In Waller County, relOs. I have alUctoed OI!rtltled COpiH 01 the indictments and warranrs In this mltter. The~ I~ no finre.prlnts or photosraplu I»uuse the Del~ndlnt rtN! allr JurIsdiction before a.rest. He wa.5 however interviewed by Texas Ran&en ther~ in Galifomy. /I there is anythlns mar. that Is ~eded Ie facilitate this temporlry transfer, p'ea~ let me know.

~~~~ First Assistant Olstrict Attomey Waller CountV, T~os

Total Pages Confirmed: 8 Remote Station Start Time Duration 7605305750 04:04:15 p.m. 01-09-2013 00:01:41

*586 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user H R: Host receive PR: Polled remote CP: Completed T5: Terminated by system G3: Group3 . )

. -- ( :-- WS: Waiting send M5: Mailbox save FA: Fall RP: Report EC: Error Correct " ( ( COpy 645 12th Street Elton R. Mathis (979) 826-7718 Hempstead, lexas 77445 (979) 826-7722 Fa)( Criminal District Attorney VValler County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, Please find -our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. H~ was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know. First Assistant District Attorney

Waller County, Texas *587 PAGE El2/El3

RECORDS

"09/05/2El12 ElB: 35 BP-SS68.051 LAD rome V - REQUEST FOR TEMPORARY CUSTODY CCFRM M.lLlLt.O FEB 94 U.S. DEP~T or JUSTICE

FEDERAL BUREAU OF PRISONS

^[4] Six copie~. siqned copie. mUlt be ~cnt. 1:0 the pd~oner and to the otficial who ha.t the p:r:i.!loner in cu~tody. A copy ~hould be .!lent ~o ~he Aqreement Adminisl:ratcr of both the sending and th~ rQc.i~ing ,tate. Copie • • hould be. retained by the person tilinq the requ •• t and the judga who ~iqn.!l the reque3t. Prior to tr~n3f.r under thi~ Aqreement, an InmAte may be afforded a judicial hearing (Cuyler) similar to that provided und~r the Uniform Ext:adition ~ct, in Which the inmat~ may bring a limitmd chAllenge to the rec~ivinq etate's requ •• t.

n : To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre~s UfV;tJ .s+", t,.s ?eIVII1!!NfIAr::J) ViC.Ton.v'd IE" r-,CC' j 7-0· Eo)(3t10~ A-De(Aq~})oSJ please be i5dvised thet (Name of Inmate) ))OMINJqlAli ]jON/At: LAS k.~12.....12J(,r--2.'f.I, who i y an inmate ot your inst:it:u~ion, is under [indic::ate appropriate]

indictment in the (Jurisdi etion) riAioRiatoion) (eoiuplfint) ,i Cot \..J ~ Ilev- COL.Alvt y 1'1£>(145, of which I am the (Title of Prosecuting ':3 i'+ H ClJ'2.)V~ DiSiVl,'c:.. f Officer) Said inmate i~ therein charged with ~he offens 9) enumerated below:

1- 1 3 I I - t? Of'f'.n." (.) I (f) C p. p ~-t 8.[ Ml.4v.De v- 1\ - 0 I - 13 =1030/ Ct:. fl if .. I Jkt.\v A-J't'l- L I -0 I - 13 -:;'01/- j§) ~t I propo~e to bring th11!1 perllon to trial on thl.l! [indicate appropriate) 1 nd ctment (lit. E Wi' j IjA'l (e;ozttJndllt) within the time .specified in Article IV(c) of ~h8 Ag.reement. In order thac proc8edinq~ in this matter may b. properly had, I hereby requ •• t tempor8ry cuatody of ~uch persona pursuant to Articl. lV(a) of thm AQreament on Oec4ine.rl!. Attached herewith find in triplicatel ". Certified copiel!l of the complaint, information or ind.!.ctment b. Certified copies of the warrant c. Certified cop1QS of !inqerprlnt3, pho~oqraph3 or phy~ical description I hereby aqree thst immedJ.at.ly after trial i3 compleced in thi5 jurisdiction, I will return tha prisoner directly to you 0= allow any juriediction you hive dQsiqnat.d to ~ake tEmPcrary custody_ I aqrRQ 4l~o to co l.te Form IX, The NoticR of Oi8 o.!licion of & Detainer, immediacel after trial. Printed Name and Signatur Date '= \ ~ON Q..

tv" pd\...i$ NoV JJo&> J 2012 " -~ --::;7 4lf. s: Address: Ci tylState: Telephone No. : LP45' l'Qtz.....s+(-ld \-l.-e~p5-bE-C.<I.:'l ,T~'I,lts q1q - g 2v - -=t'=i 18 I hereby certi~y that the person who~c 5iqnature appears sbove i~ an appropriAte o~ticer within ·the meaninq of A~ticla rVea) ana that the !ac~~ r.~ited in this request for temp~ra cu.tody are correct ~nd that havinq duly rQcorded ~4id reque~t. I hareby tran5mit it for act¥on in cordanee wi~h it. ter.m and the rovi~ion. ot th~ A r.ftmen~ on D.t.iner~. { Judge's Print~d Name i5nd Date

A I b~v1 M. f\A..c C~~ AJoV ~{,J 20/2... Court t-\... :::rIA-O\'C\'~\· DtsTvtc.-\ Couv-t SD (P Telephone No. We.. l \~ Cou,...... -t L ... t1-=t (This form may be r.eplicated vi~ WP) *588 ( NO. _1_'/ ___ .!..'1..;..'/_' -_' __ 1_"7 ___ b_-_

THE

STATE OF TEXAS IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

-:T:::t2 ti JUDI CIAL DISTRICT

DOMINIQUE DONT AE LASKER

DOB: 03/2111984 BIM

~ ~I:[

Charge: CAPITAL MURDER Section: 19.03

~-~"

Degree: CAPITAL FELONY

~ ji~~

INDICTMENT

' l ~lli ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the I: 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 20 W. and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a frreann, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a frrearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*589 Foreman of the Grand Jury ( ( Cause No. 11-01-13703 TIlE STATE OF TEXAS IN THE DISTRICT COURT OF VS. W ALLE~ COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

S06TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21184

CAPIAS INSTANTER

TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before tbe Honorable S06TH District Court of Waller County, Texas, at the Courtbouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MUL TIPLE, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing bow you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRlCIA JAMES SPADACHENE

WALLER COUNTY, T XAS

..;J~/.

BY:-- / _~~_. /.-' r1 . / . . Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of ,at o'clock - - -

----- - - - - - -

__ .m., and executed by arresting ____ __________ ___ _ At , in ___ ___ County, Texas, and placing him/ber in tbe Waller County Jail on the day of _________ _

I actually and necessarily traveled miles in tbe service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

__ __ __ ___ __ , Sheriff FEES: Making Arrest _ __ _ __ __ County, Texas Mileage miles Taking Bond By: _ ____ ____ _ _ Commitment

Deputy *590 (

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMJNIQUE DONT AE LASKER '- ~L'(l".jUDICIAL DISTRICT DOB: 03/2111984 BIM

~ ~I:~ Charge: MURDER Section: 19.02

Degree: FIRST DEGREE FELONY

J ji~~

INDICTMENT

~Ii '\J IN THE NAlWE AND BY THE AUTHORITY OF THE STATE OF TEXAS; r i ~\ ~

The Grand Jury for the County of Waller and the State of Texas, duly selected,

empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of th 506 1h Jud~cial District Court of said County, upon their oaths present in and to said Court at said term 'that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 1 i TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *591 ( Cause No. 11-01-13704 'filE STATE OF TEXAS IN THE DISTRICT COURT OF VS. W ALLER COUNTY, TEXAS

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

/ ji' ~Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock - - -

----- - - - - - -

__ .m., and executed by arresting ______ _ _ _ _ _____ _ _ _ At , in __ __ __ County, Texas, and placing him/her in the Waller County Jail on the day of _ __ __ __ __ _

Mileage miles Taking Bond

By: _________________ __ Commitment Deputy *592 ( (

IN THE DISTRICT COURT OF

THE STATE OF TEXAS

VS.

WALLER COUNTY, TEXAS

...:Jt 1621- JUDICIAL DISTRICT

DOMINIQUE DONT AE LASKER

HIM: DOB: 03/2111984 Charge: MURDER

~ ~ff Section: 19.02 ~ .. ~ Degree: FIRST DEGREE FELONY

INDICTMENT

~ I ~_ The Grand Jury for the County of Waller and the S tate of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of \ '- 506 tb Judicial District Court of said County, upon their oaths present in and to said Co

3: at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11lH day of MARCH, 2010, and before the presentment of this indictment, in Waller COlmty, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury *593 , . ( Cause No. 11-01-13705

THE STATE OF TEXAS

(N THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03121/84

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011.

PA TRICIA JAMES SP ADACHENE

WALLER COUNTY, TEXAS BY:, -!-~i/.?V

// E iJ/ Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the day of , at o'clock - - - - - - - ----

- - -

__ .m., and executed by arresting __ ______ ____ ____ _ At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of _ __ __ ___ _ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

__ _____ ___ _ ,Sheriff FEES: Making Arrest ________ County, Texas Mileage miles Taking Bond By: __________________ __ Commitment

*594 Deputy .' .

(

( u.s. Department of Justice ,,'1.\ I "I I. Federal Bureau of Prisons Federal Correctional Complex \lJ,:cort'iiie, Cdlirorllld January 31, 2013

Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506~1' Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis: In response to your request for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 3~-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 3~-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 3~-day period, provided under Article IV(a), which expires on DATE) Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving State" (BP-A564) and originals of the TAD Form V (BP-56B) and lAD FormVI (BP-565). The persons des.i.gnated as agenLs Lo reLurn I:.he prisoner 1:.0 your State must also be the persons whose signatures appear on the Form Vl. Naming alternative agents would be advisable in case YOUl primary agents cannot make the trip. The alternate agents' signatures should also appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of thp *595 warrant when assuming custody of the prisoner.

EXHIBIT

}: .sf - /f

f

.' " ( Page TWG FF:: Lasker, J)ominique Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the lADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons ale required. Contract Guard Services are not allowed. Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden m.u~ /sl D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification Form cc: Clerk of Court State lADA Administrator *596 ( U.S. Department or Justice Federal Bureau of Prisons Offlc~ of Inmiue SVsrems Vicrorvlll_, Callforn/~ 92394

Date: April 9, 2013 From: J. Kaawaloa Title: Correctional Systems Officer Phone: (760) 530-5882 Fax: (760) 530-5750

To: ELTON R. MATHIS

CRIMINAL DISTRICT ATTORNEY

Telephone: 979-826-7718 fax: 979-826-7722 SUBJECT: LASKER, DOMINIGUE 22867-289

COMMENTS: I have received your letter that was addressed to the Warden dated 03-20-2013. I will go over it and give Jose Hester. If I need anything I will give you a call.

Thank you, 1. Kaawaloa

PAGES (Including Cover Sheet) 1

09L90E9B9L

*597 Scrd083~ Hl/T0 39\;;1d Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, "ilxas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney \f\fclller County May 1, 2013

Ms. Linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at the Waller County Sheriff's Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank you for your help in these matters.

Sincerely yours, 2/??----

Elton R. Mathis

Waller County District Attorney

Ene. *598 Cc: R. Glenn Smith

Waller County Sheriff EXHIBIT I 51 :T ( (

, I '

ot- I !AD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM BP-A0564 APR 10 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

A'

Five copies. All copies, with original signatures by the Prosecutor and the Agents, should be sent to the Administrator in the RECEIVING State. After signing' all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establish~ng their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Agent's Autbority to Act for Receiving state ;:.ec. .. t.::) S ~ To: (Administrator and Address) J.-,,.J4e I . rJt.c!.~re,...:> I v{U-J.. .....

Y.D. Bo~ _ ~J.f()O v~~~I'""dl~ C!...A

Inmate (Name and Register No.) is confined in (Institution and address) FC.c.. V \"c..korv'\\-e., c::.z,~f\~)C. - uS? J...4-"S\< r J VD M""''Ge. Do~e.. P.O. 'Bo~ "5'1{0 0 cQ~2>"-r- Zq~ Ad' 41'\ -fa C!- Ann will be taken .i.uLu ",:usLOdy. at: said InsLitution on (date) for v../AJ..klER.. , State of return to the County of (eklt S -----'~c~.;.;;.;~=-:....::::..--------f-o-r-t-r-i-a-l-. --r-n a ccorda n ce with Article V(b), of said Agreement, I have designated: Department Represented ~:;?6 Ify/UW ;;;Nssd:

whose signatures appear below as Agents to return the prisoner.

(Agent's Signature) (Agent's Signature)

*599 Dated prosecuti~cial's Signature ~~t-A-- ~ ~.17-. f ( ... .. ~ &. ..... I-?,....,s ~ ~ rf. ,-r'-ft a. Title - v/6~" t?o. P.Il·

d. City/State -

b. County - ~~/kr e. Telephone No - ~JfS» I'll( slr~+- q,q 8 z.~ - 1''11 P:> c. Address - , EvidenC8 Q~ ~gent/s Authority Continu.d To: (Warden-Superintendent-Director) h'i ctk.- -r. \'ll! CO 'c.,\..\.l ( <: . In accordance with the above &epresentatioos and the prov~s~onB of the Aqreement on Detainers, thG persons listed above are hereby deaignated as ~gents for the

:C:€)(.A- S State of to return (Inn;ate's Name ::9.. ~gist.er No.)

AArS~R, •. l)Cryt:f~vc# Do",rerf" ~B Ie 7- qi'1l:J h-/81"t.,e& ' state of 1:0 the COlltlty o~ ~~~ S , for trial. At the c~m'pletion o~the trial I Enrnate) I-Itsg/(,. Po('lf\;&'J-Ir'q'LJcF p6;.1719c c2bl ~~- cfl9'!Z. shall be returned to the (ll'lBti tutioll and Address) : r a..c. V," c. .ftv II .. / Ie. Co f'A., j.,)If - t.J $ P p. f) . 13z,)( ~1'r; 0 A./~/~IoJ C~ 9~30/ Oated a. Name -\t C) \-\ ~n\-S~\ \ \E?,\6tS 'l11Il

c. City/State

b. ~ddress ~' '. n.~l C\Cl C\&.o-\.\ 6l)- ~ 4 'G--\ ct. Telephone No. ~ D r..;u POE" ~rescribed by pSa75 *600 2

99L9BES139L

sa~OO3C1 t:>[3/l'B 39\;1d ( ( I I

! ! *601 :.-:: r: \ \-cJ 1-) :/103

Cause No.

) I-~ /- I .~ 704-

STATE OF TEXAS

IN THE DISTRICT COURT fl--J)I-/~'70S v. § WALLER COUNTY, TEXAS t;t.rn i f\'1 ¥ e-I:t')vizu-> /,.oi,kec § 506 TH JUDICIAL DISTRICT § SCHEDULING ORDER - CRIMINAL Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 9:00 a.m. ARRAIGNMENT 1. 2. ·-i1):OO a.m. MOTIONS & PLEAS

/,'30

All parties and Counsel shall be present and prepared to discuss all issues allowed

under C.C.P., Art. 28.01.

,4- I J -- /i 'I ~ HEARINGS & BENCH TRIALS 3. £/5 A-um 1-10-11 I~;J~ fj:DO 4. On or before to-days before Pretrial Hearing Date all C.C.P., Art. 28.01 matters must be filed; ~ be considered wl.Jved. 5. l(hOO a.m. PRETRIAL HEARING

q;oo

Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant

will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury.

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy ofthe Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY. Dated: __ ---'-1_,--.:.2.L...~_1 ±-f-' ____ , replacing prior Scheduling Orders. Defendant's Signature Counsel for State

ALBERT M. McCAIG, JR., Judge Presiding Gold--Defendant's Attorney 13'1 Pink --Defendant Copies: White--Clerk YelIow--State ~- CAUSE NO. 11-01-13705 ~ ~ >. IN THE DISTRICT ~OUR~,':OF-=~ __

THE STATE OF TEXAS

§ 0- - ' ) , I r., ,n.J.,.-. § r:; ~:-~:: VS. WALLER COUNTY. T E XA S _ ~,. § v -<- ' \ " :....: § DOMINIQUE DONTAE LASKER 506TH JUDIC § .- , - , DEFENDANT'S FIRST MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his attorney, Frank Blazek, and submits this his First Motion for Continuance, and would show the Court the following: This cause is set for Motions and Pleas on January 22,2014.

1. 2. Defense Counsel, Frank Blazek, is scheduled for trial beginning January 21, 2014,

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court grant a continuance to Friday, February 7, 2014, at 1 :30 p.m. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.e. *603 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 2~94-m9784 [TelecopierJ By·

·-Fr-a-7i"('-B4<'l'-a-ze~k~-+----- State Bar No. 02475500

DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 1 C:\FB\CRIM.K-O\Lasker.DD,8 I 075\1 1-0 I-I 3705\Continue,00 I ,wpd

/35

(

William F. Carter State Bar No. 03932800 108 E. William 1. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

*604 DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 2 C:\FB\CRlM _K-O\Lasker.DD.81 075\11-0 1-13705\Continue.00 l.wpd

VERIFICATION

FRANK BLAZEK

SUBSCRIBED AND SWORN TO BEFORE ME on the 17th day of January, 2014, to certify which witness my hand and official seal. 1YtQ.A).JA~N-< ~ ~

Notary Public, State of Texas

*605 DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 3 C:\FB\CRIM_ K-O\Lasker.DD.81075\II-OI.13705\Continue.OOl.wpd

/3? ( CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing De~antls First Motion for Continuance has been forwarded to opposing counsel on this the ll!?!. ay of January, 2014, by facsimile to 1-979-826-7722, addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek *606 DEFENDANT'S FIRST MOTION FOR CONTINUANCE PAGE 4 C:\FB\CRlM JC·Q\Lasker.DD.81 075\11-0 I-I 3705\Continue.00 I.wpd

(

CAUSE NO. 11·01·13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. WALLER COUNTY, TEXAS . § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the dUf day of January, 2014, came on to be considered the above and foregoing Motion for Continuance. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

w: QRANTED, and the present cause is hereby continued until ~6r:z~~ '1 2014, at !/bU.p-.m.(

() DENIED, to which ruling the Defendant excepts.

SIGNED: ~ J--f/?off *607 C:\FB\CRIM_K-O\Lasker.DD.B 1 075\11-0 1-13705\Continue.001.wpd CAUSE NO. 11-01-13705 r-.,;, == :,";;:;

..r::-

THE STATE OF TEXAS IN THE DISTRICT c:; OUR~F i::;(~ § § co

rr, _--J-; -0 - '-';;::;-"t")

VS. WALLER COUNT£; T E:x::A S -2G,':::: § . ":;--if C:J:'; ':"") !2! -< § 506TH JUDIC~ISTifrC~~t;] '--.) DOMINIQUE DONTAE LASKER § MOTION TO SUPPRESS CONFESSION ~ if:: it'

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys, Frank Blazek and William Carter, and submits this his Motion to Suppress Confession, and for cause would show the following:

1. Defendant would show that the State intends to offer an alleged confession of the Defendant; that said confession was taken without his attorney being present, in violation of the Defendant's right to have his attorney present to consult with under Article I, Section 10 of the Constitution of the State of Texas and the 6th Amendment of the United States Constitution; that said confession was taken involuntarily from the Defendant in response to threats, in violation of his right to remain silent as protected by Article I, Section 10 of the Constitution of the State of Texas and the 5th Amendment of the United States Constitution; that said confession was taken in violation of his right to due process as protected by the 5th and 6th *608 Amendments of the United States Constitution and the 14th Amendment thereto; and that said confession was taken in violation of his right to due course of law as established by Article I, Section 19 of the Texas Constitution. Admission of said confession would be in violation of Article 38.22 and Article 38.23, Code of Criminal Procedure.

MOTION TO SUPPRESS CONFESSION

PAGE 1 C:\FB\CRIM_K-O\Lasker.DD.B1 075\11-0 1-13705\Suppress.001.wpd

( made. Such statements by law enforcement on the recording constitute a speaking offense report and are inadmissible hearsay. To the extent that they are a statement of what they contend the Defendant told them, they constitute a violation of Code of Criminal Procedure Art. 38.22, which requires that Defendant's statement be recorded, not the officers' verbal account thereof.

Respectfully submitted,

SMITHER, MARTIN,

*609 HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By J2tf'YJ

, Frank Blazek State Bar No. 02475500

MOTION TO SUPPRESS CONFESSION

PAGE 2 C:\FB\CRIM_ K·O\Lasker.DD.Bl 075\II·OI·13705\Suppress.001.wpd

It{ {

William F. Carter

State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion to Suppress Confession has been forwarded to opposing counsel on this the 7th day of February, 2014, by facsimile to 1-979-826-7722 and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

MOTION TO SUPPRESS CONFESSION

*610 PAGE 3 C:\FB\CRIM )<·OlLasker.DD.81 075\11-0 I-I 3705\Suppress.00 I.wpd

(

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT §

ORDER

BE IT REMEMBERED, that on the __ day of ___ ___ , 2014, came on to be considered the above and foregoing Motion to Suppress Confession. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED.

() DENIED, to which ruling the Defendant excepts.

SIGNED:

JUDGE PRESIDING

*611 C:\FB\CRIM _ \(·OlLasker.DD.81 075\1 1-0 I-I 3705\Suppress.00 I.wpd /Lf3

(

506 th Judicial DiStrict Court

Albert M. McCaig, Jr., Judge

Court Coordinator Susie Schubert www.CourtS06.com

Court Reporter Robyn S. Wiley Grimes County

April 4, 2014 Waller County 836 Austin Street, Suite 307 Hempstead, Texas 77445 Fax: 979.826.9149 Ofe: 979.921.0921

Notice of Preferential Trial Setting Waller County Frank Blazek Attorney at Law 1414 11 th Street Huntsville, Texas 77340 William Carter Attorney at Law 108 E. Wm. J. Bryan Bryan, Texas 77803 Honorable Elton Mathis Criminal District Attorney Waller County, Texas 645 12th Street Hempstead, Texas 77445

Re: Cause #11-01-13703, 11-01-13704 & 11-01-13705 *612 State of Texas vs Dominique Dontae Lasker 506 th Judicial District Court of Waller County, Texas October 6, 2014 at 9:00 a.m. Motions: Jury Trial Setting: March 30, 2015 at 9:00 a.m.

The referenced matter has been preferentially set as stated above. Please see the Rules of the Second Administrative Judicial Regi on of Texas for further explanation of preferentially set matters. Please contact the Court Coordinator for a continuance or request for resetting the matter. Unless prior approval for a continuance or reset of a preferentially set matter is obtained from the Court the matter will be called as stated.

~uu~M~

SUSIE SCHUBERT

Court Coordinator

c: District Clerk 1 \-0 \- 1'~1D:)

Cause No.

Il-~I- 13'70+ STATE OF TEXAS IN THE DISTRICT COURT ll-{)I - 1=)'705 v. § WALLER COUNTY, TEXAS § ~q::\kff(.~ LCL'i>ter 506 TH JUDICIAL DISTRICT §

SCHEDULING ORDER - CRIMINAL

Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.0] of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1:30 p.m. I. ARRAIGNMENT 2. 9:00 a.m. MOTIONS & PLEAS

All parties and Counsel shall be present and prepared to discuss all issues allowed under c.c.P., Art. 28.01.

3. HEARINGS & BENCH TRIALS 4. On or before lO-days before Pretrial Hearing Date all C.C.P., Art. 28.01 maUers must be filed or will be considered waived. 9:00 a.m. PRETRIAL HEARING 5.

Pretrial hearing date is also the Plea Bargain Cutoff dale. Stale and Defendanl will announce whether the case will plead or if a trial is required., and whether trial is to the Court or to ajury.

At the Pretrial hearing a/l motions and other maners not previously ruled on will be heard. All parties must tile and serve on opposing counsel Ihe following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. further, all counsel shall advise the Court *613 of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities. 6. 9:00 a.m. JURYTRlAL

Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading of the Indictment and enters a plea of NOT GUILTY. Dated: __ 4_· _~_~_----,-J _±~ ____ , replacing prior Scheduling Orders.

frtuAvl1blttd Counsel for State Defendant's Signature Counsel for Defend~t D i-ll/~ 0U ta

£t-

ALBERT M. McCAIG, JR., Judge Presidi~g Gold--Defendant's Attorney YelJow--Slale Pink--Defendant Copies: White--Clerk ( 04-08-2014 97?-826-772{2 Waller County DA 1/3 GAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTlUCT COURT OF § § § WALLER COUNTY, TEXAS VS. § DOMINIQUE DONTAB LASKER 506TH JUDICIAL DISTRICT § AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS TO THE HONORABLE JUDGE OF SAID COURT; Now Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, with the consent and approval of the state of Texas. and submits this his Agreed Motion for Transcription of Pretrial Hearings and for cause would show the Court the follOwing: Defendant intends to apply for a 'writ of mandamus with the appellate courts of

1. Texas seeking dismissal of this caUse in accordance with the Interstate Agreement on Detainers. The Court's denial of that motion is based on the events and stipulations mat occurred at various pretrial hearings. Any application for such a writ -will require that those hearings be transcribed.

*614 2. Undersigned counsel certifies that he has consulted with Assistant District Attorney Fred Edwards and the State agrees that these hearing be transcribed. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the Court Reporter to transcribe t~e pretrial hearings herein and provide copies to the State and defense counsel. AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEAlUNGS PAGEl C;1lI1<i51..-aICllII'U;:·a.u.l.<LDD.BI07S1II.Qj.1371lJ CMIMDlIa. em T......np .. ,ft .r""", .. n_n"."!'d

979-826-7722 Waller County DA 11:22:41 a.m. 04-08-2014 2 13 Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Hun~'VilIe, Texas 77340 (936) 295-2624 (936) 294-9784 [T~Ci7r]

); I f/

/

' By I Frank Blazek State Bar No, 02475500

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803·5334 (979) 779-0712 (979) 779-9243 [TelecopierJ

ATTORNEYS FOR DEFENDANT

Certificate of Service *615 I do hereby certify that a true and correct copy of the above and foregoing Motio1l for Transcription of Pretrial HeariJlgs has been forwarded to opposing counsel on this the 'f(,K.day of March, 2014, by f.a~im!.I~tQ-:-l,.9-t-9-7-7-f.-9243·i and add,ressed as follows:

,.1', n\(J..(.~_ i, c· :).1'<" J., f (tV.,:-'!..A i./>.' (1- .<' ,I... {U<,l.h{;J ~i': \ C',";' .r.t U_( .. -:" I.. •• ,t •. / . us Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek AGREED MOTION FOR TRANSCRlPTION OF PRETRIAL HEARINGS PAGE 2 C:"'N"Slure\f1l\Cn.IM ... Ka~Ik.c •. DD_'tD75\II·OI·l)701 C).M~Ucnllo, Tr&R1mr\lrm fI( I'n:trl.1 Ht'&Iln{l ..... _4

vvaller lounry UA 1':22:48a,m, 04-08-2014 3/3 jlj-OlO-II~' CAUSE NO. 11·01·13703 CAUSE NO. 11·01·13704 CAUSE NO. 11·01·13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF §

VS.

§ WALLER COUNTY, T E X AS §

DOMINIQUE DONTAE LAS'ICER § 506TH JUDICIAL DISTRICT

ORDER

./ BE IT REMEMBERED, tl1at on the 0)~ day of---ll::.d::..,rt,;.,»,:,..·'--l..( ___ , 2014, came on to be considered the above and foregoing Agreed Motion for Transcription of Pretrial Hearings. ~ft~~nSideration of the same, it is the opinion of t~e Court that Defendant's Motio~ be: cf 90 GRANTED, and the Court Reporter IS hereby ORDERED to transcnbe the pretrial hearings held herein and provide copies to the State and defense counsel.

() DENIED, to which ruling the Defendant excepts. j I d tf1~ I' cl SIGNED: ,2014. I . . / *616 ;J;::: J-l.. i5J t,JCV1.P) _____ " Elton Mathis /4s, f Criminal District Altorney Waller County, Texas By: __________ _ C:\N<tSh.",\FmcRlM_K·OII .. 1Ik<r,DD.B I07l\II.oI·13703 CM\'\\o.ion ror Transcriptlon of "",111.1 Heartnl"w"d

/,-(g'

CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. WALLER COUNTY, T E X A S § § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the ~ day of tliAlAA.,~

,2011'. came on to

be considered the above and foregoing Motion to Dismiss. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

() GRANTED, and the indictment is hereby dismissed with prejudice. ~) DENIED, to which ruling the Defendant excepts. J

Jv. 7 cR .I· f (.A. /-1' c' Ot-t , 201 'l t\. --- / .I! SIGNED: t01 'f'\'1 0 lA-J'-1 Mw~ if !Ie) Il(- I ~--PRE--~~I~D~~----- *617 C;\FB\CRJM _ K-O\Lasker. DO. 81075\11-01-13 705\Motion to Dismiss.002. wpd ( ? ,--"'"; ~:'! .. r",' ... ', .. -':\ ".. .. ,,"- (-"..- ~,'// '\~ "<_> /.:..~:~.~:~!

CAUSE NO. 11-01-13705 \ ,r ',_, '.' THE STATE OF TEXAS IN THE DISTRICT C~T OF ~~. -: /::} .. § 0\ .. .? -/~ § WALLER COUNTY, T E X.tt S vs. ';/~" "' § § \

.II'

DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT § MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his Motion to Dismiss for Violation of the Interstate Agreement on Detainers and for cause would show the Court the following:

I. On February II, 2014, a hearing was held in this Court concerning Defendant's First Amended Motion to Dismiss. In that motion Defendant argued that the State had violated the 180-day rule of the Interstate Agreement on Detainers (IADA). That rule requires the State commence the trial of the charge within 180 days of receiving a request for speedy disposition of a detainer. Tex. Code of Criminal Procedure Art. 51.14, Art. III (a). At the February hearing, *618 the State argued that the two requests for speedy disposition made by Defendant were deficient and that the 180-day rule did not apply, but that the 120-day rule of Art. IV (c) of the IADA applied. This motion is intended to make clear that, assuming arguendo that the 120-day rule applied, Defendant is still entitled to a dismissal under the lADA.

2. At the February hearing the following facts were established by stipulation, by clear documentation in the Cour:t's file or the transcription of notes from the pretrial hearings: a. Defendant was indicted in this cause on January 27, 20 II.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE I C:\NelShare\FB\CRIM_K-O\Lasker.DD.BID7S\II-OI-13705\Motion to Dismiss for Violat:on ofIADA.wpd

( ( b. Defendant was sentenced to federal prison on December 16, 2011, on an unrelated charge. c. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a 'first request for speedy disposition which was received by the Court on July 16, 2012, and the District Attorney on July 19, 2012.

d. While in the federal prison and with a detainer lodged against him for this offense Defendant filed a second request for speedy disposition which was received by the Court and the District Attorney on February 8,2013. The second request was mailed by certified mail.

e. The State of Texas acquired Defendant's presence in Waller County on May 24, 2013. f. On June 4,2013, Defendant appeared in Court and was appointed counsel after his indigency was determined. The Defendant informed the Court that he had motions on file and wanted them to be heard. The Court informed him they *619 were not scheduled to be heard at that time and that he needed to consult with his attorney before proceeding.

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 2 C;\NetShare\FB\CRlM_K.O\Lasker.DD.81075\II-Ol-13705\Motion to Dismiss for Violation of IADA.wpd

15/

(

5. Defendant believes it was necessary to file this motion because, although the 120- day rule was invoked on September 9, 2013, Counsel for Defendant only invoked the 180-day rule at the February 11, 2014 hearing. Counsel did not want to waive any right to a dismissal for violation of the 120-day rule should it be determined that 180-day rule was not applicable.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order *620 the indictment herein be dismissed with prejudice. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By 2/11

Frank Blazek

State Bar No. 02475500

MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS

PAGE 3 C:\N"etShare\FB\CRIM_K-O\La.sker.DD.8107S\II-OI-13705\Motion to Dismiss for Violation oflADA.wpd

15;2.

(

( William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS FOR DEFENDANT

Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion to Dismiss for Violation of !h:e Interstate Agreement on Detainers has been forwarded to opposing counsel on this the 1L- ~ay of July, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek

MOTION TO DISMISS FOR VIOIATION OF THE INTERSTATE AGREEMENT ON DETAINERS

*621 PAGE 4 C:\NetShare\FB\CRIM _ K-O\Lasker. DO.S I 075\ 11-01-13 705\Motion to Dismiss for Violation of lADA.wpd

153

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

ORDER

BE IT REMEMBERED, that on the / <{t,day Of_--=-~_-T- ___ ' 2014, came on to be considered the above and foregoing Motion to Dismiss for Violation of the Interstate Agreement on Detainers. After consideration of the same, it is the opinion of the Court that Defendant's Motion be:

( ) GRANTED, and the indictment is hereby dismissed with prejudice. (gV0 DENIED, to which ruling the Defendant excepts. -----""'~--=-----f----'-/ S_"____ __ , 2014.

SIGNED:

*622 CINetShare\FB\CRJM_ K-O\Lasker.DD.B 1 075\11-0 I-I 3705\J'vlotion to Dismiss for Violation of lADA.wpd /5<;

Attorney Fee Voucher

2. County 3. Cause Number Offense 4. Proceedings urisdiCtiOn ~ , District OCounty • DTrial-Jury DTriaI-Court

CLfiJ~U~ (VUA){tU'( 11,-01- ij'103 r;;;; oP I r iH ""'"-S l~ OPlea-Open DPlea- Bargain OCounty Court at Law l\- 0 [- 1~10l{ f\ri.Lt",( d..i .. /C Court # S- Db -II<- · DOther _____ _ 5. In the case of: State of Texas v 6. Case Level J2l. Felony I 0 Felony II 0 Felony III 0 Felony SJ 0 Misdemeanor 0 Juvenile 0 Appeal ~ Capital Case o Revocation - Felony D Revocation - Misdemeanor ONo Charges Filed 0 Other ___ __________ _ 7. Attorney (Full Name) 10. Telephone 9. Attorney Address (Include Law Firm Name if

Applicable) frcL'\L~ blct~ :;LCZS" ~# Smither, Martin, Henderson & Blazek, P.e. S. State Bar Number 1414 11th Street Sa. Tax ID Number 11. Fax Huntsville, Texas 77340 / 12. Flat Fee - Court Appointed Services 12a. Total Flat Fee $ 13. r=In:::Cf'-0.;;;.;u:",rt-'-7Se.:;:~ryi,c:#f=· ~Ies~-r-:-~:-- ____ _ -+-=.H:;:oc::ur:..::s-=-""""?": ____ -;....:D:::..:a=te::..::s'--_ __ __ ---I 13a Total In Court f---S~"--""'""--t-,- ('"", [T~l>=!::7.1~.f...-==-"~:.!:....ld.1,-J....~.L..- __ __ t--_...f..; ff. d..1;<!:- +---J.f)-L' - - - - - I I - - - - - - - - - - l Compensation. J~ 00. oV Ra!~ per Hour = :t> ~{)n I----------+----------~ $ 14. Out of Court Services Hours Dates 14a. Total Out of Court GIl I Compensation. i - - - - - - - - - l i - - - - - - - - - - - - i $ i q ~ D.O UO I To~1 hours

VJ' l. , *623 15. Investie:ator ISa. Total Investigator Amount 1 - - - - - - - - - - - - - - - - - - - - - - - - - - ; - - - - - - - - - - -1 Expenses $ 16. Expert Witness Amount 16a. Total Expert Witness I - - - - - - - - - - - - - - - - - - - - - - - - - - f - - - - - - - - - - l Expenses $ 17. Other Litigation Expenses Amount 17a. Total Other Litigation r~~-'~{J~{~J~V~I~n)'-/~*{~~/~.~t, ~/~'----------------------_r------------~ :x~~~,~s: IS. Time Period of service Rendered: From ~ ( <.0 ( (,-3 Date 19. Additional Comments 20. Total Compensation ~d Expenses Claimed 't' ~/Lf1 i. S~

21. Attorney Certification - I, the undersigned attomijey, cert,ify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses c1; ed 'n r e , /' rea b~e~essary to provide effective assistance of counsel. r ~ '/- I «~ ( L(

I)

DFinal Payment fiJPartial Payment

I'

Signature Date .

\I

) 22SIG~ii/M~ Reason(s) for Denial or Variation / Adopted 10/23/02 - Task Force on IndIgent Defense CAPITAL GRAPHICS INC, 1-800-769-2030 1_,.,

•. ...,. " I \V ' " I 0 ~c;::;. O'CIoek B M

AT

(. 'TlUCIA JAMES SPADACHENB

WALLER COUNTY,TDAS

1 P

BY

DEPtri'Y No. 11-01-13703, No. 11-01-13704 and No. 11-01-13705 - The State of Texas v. Dominique Dontae Lasker; In the 506th Judicial District Court of Waller County, Texas

Date Description Time In-Court: 9-9-13 Court appearance (motions) 4.00 hrs. 11-4-13 Court appearance (motions) 4.00 hrs. 2-11-14 Court appearance (motions) 4.00 hrs.

Total In- 12.00 hrs. Court Out-of Court: .25 hr.

6-6-13 Telephone conference with Judge McCaig 6-9-13 Review internet accounts; visit client in jail 5.00 hrs.

6-10-13 Telephone conference with potential co-counsel .25 hr. 6-11-13 Telephone call to DA (left message); search internet for

information regarding client 1.00 hrs. *624 6-13-13 Telephone conference with DA .50 hr. 7 -11-13 Telephone conference with potential co-counsel .50 hr. 7-12-13 Motion for AppOintment of Attorney as Co-Counsel in

each case; Waiver of Arraignment and Entry of Plea of Not Guilty in each case 1.50 hr.

7-15-13 Telephone conference with client's wife; telephone conference with client's California attorney .70 hr. 7-23-13 Call to jail for booking information .30 hr. 8-27-13 Telephone conference with ADA Edwards .25 hr. 8-28-13 Telephone conferences (2) with DA; telephone

conference with co-counsel; visit client; visit with DA and ADA Edwards; letter from client 8.00 hrs.

C:\NerShare\FBICRlM_ K-OlLasker.DD.S 1 07 5lStatement.00 l."'pd /51.# Date Description 8-30-13 Telephone conference with client's wife; receive and review State's Motion for Continuance; State's Motion for Competency Evaluation; State's Motion for Discovery of Expert Witnesses and State's Notice of Intention to Seek the Death Penalty 2.00 hrs.

9-3-13 Telephone conference with client's wife .3 hr. 9-4-13 Visit Clerk and obtain copies from file; telephone

conferences (2) with DA; visit client at jail; telephone 8.00 hrs. conference with client's wife

telephone conference with DA; telephone conference with co-counsel; visit client in jail; pick up copies of documents from District Clerk; receive and review 8.00 hrs. discovery .25 hr.

10-4-13 Letter from client *625 10-8-13 Review confession (audio) ofJanuary 12,2011 2.00 hrs. 10-9-13 Continue listening to audio of confession; letter to co

counsel 2.00 hrs. 10-10-13 Telephone conference with Craig Davis; telephone conference with Brody of Federal Bureau of Prisons; letter to Federal Bureau of Prisons 1.5 hrs .

10-16-13 Letter from client . 25 hr. .25 hr. 10-23 -13 Telephone conference with client's wife 10-28-13 Telephone conference with co-counsel .25 hr. 1.50 hr. 10-29-13 First Amended Motion to Dismiss in each case 10-30-13 Telephone conference. with potential investigator; .30 hr.

telephone call to co-counsel's office 11-1-13 Meet with client and co-counsel at jail 4.00 hrs. C:\NetShar<\FB\CRlM_K-O\Lasker.DD.S I 07 5\Statement.00 I . \\l'd /57 Date Description Time 11-4-13 Telephone conference with potential expert .25 hr. 11-6-13 Letter to DA (w/proposed stipulations) l.00 hr. 11-7-13 Telephone conference with potential expert; exchange

emails with DA; Ex parte motions for funding for experts l.00 hr.

11-11-13 Telephone conference with potential investigator .30 hr. 11-12-13 Letter from client .25 hr. 11-13-13 Letter to client; letter to DA (with additional proposed l.00 hr.

12-4-13 Telephone conference with potential investigator; email to co-counsel; telephone conference with ADA Edwards; telephone conference with co-counsel l.00 hr.

*626 12-16-13 Telephone call to ADA Edwards; left detailed message N/C 12-17-13 Telephone call to ADA Edwards; left voice mail N/C 12-31-13 Letter to DA .25 hr.

conference with client's wife; telephone conference with expert 1.00 hr.

2-4-14 Telephone conference with ADA Edwards; telephone .30 hr. message to client's wife re: hearing schedule C:\NetShar<\fBICRlM_ K·Ollasker.DD.S I 07 5'Statement.OO I .\\'pd 1!38

(

Time Date Description 2-7 -14 Motion to Suppress Confession in each case 1.00 hr. 2-10-14 Listen to audio statement; receive and review State's Response to Defendant's Motion to Dismiss 5.00 hrs. 2-14-14 Letter from client .25 hr. .25 hr. 2-18-14 Letter to client

Hearings; instructions to staff 1.00 hr. 3-19-14 Telephone conference with client's wife .25 hr. 3-27-14 Telephone conference with expert .25 hr. 3-31-14 Telephone conference with ADA Edwards .25 hr.

5-9-14 Telephone conference with e.,'{pert .25 hr. *627 5-27-14 Telephone conference with client's wife; telephone call and email to court coordinator .40 hr. 6-12-14 Telephone exchange client's wife .25 hr. 7-1-14 Telephone call to Attorney Victor Amador .25 hr. 7-3-14 Research re: Mandamus; drafting motion 4.00 hrs. 7-7-14 Research re: Mandamus; drafting motion 4.00 hrs. 4.00 hrs. 7-8-14 Research re: Mandamus; drafting motion

7-10-14 Work. on new Motion to Dismiss; telephone call to co- counsel 4.00 hrs. 7-11-14 Telephone call to co-counsel; telephone conference with ADA Edwards; finalize Motion to Dismiss for Violation of the Interstate Agreement on Detainers in each case; letter to Judge McCaig 2.00 hrs.

C:INetShareiFB\CRlM_ K-O\Lasker.DD.S 107 )\Statement. 00 1'\\l'd 151

Description

Total Out-of Court 91.10 hrs.

Expenses: Date Description Amount 6-9-13 Mileage expense (160 mi. @ $0.565/mi.) $ 90.40 7-12-13 Postage 6.80 7-31-13 Photocopies for the month of July, 2013 (61 @ $0.20

ea.) 12.20 8-28-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 9-4-13 Mileage expense (160 mi. @ $0.5 65/mi.) 90.40 9-10-13 Postage 1.92 9-25-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 9-30-13 Photocopies for the month of September, 2013 (167

*628 @ $0.20 ea.) 33.40 10-3-13 Postage 1.12 10-9-13 2.84 Postage

10-29-13 Postage 4.56 11-1-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 11-4-13 Postage 4.42 11-4-13 Mileage expense (160 mi. @ $0.565/mi.) 90.40 11-6-13 Postage 2.64 11-7-13 3.10 Postage 11-8-13 Postage 4.10 2.38

11-13-13 Postage C:\N'tShare\FB\CRlMJ(·O\Lasker.DD.S 1 075iStatemem. 00 I. "'I'd 11-30-13 Photocopies for the month of November, 2013 (253 @ $0.20 ea.) 50.60 12-31-13 Photocopies for the month of December, 2013 (40 @ $0.20 ea.) 8.00 12-31-13 Postage 2.64 1-13-14 Postage 1.58 1-17-14 Postage 4.96 1-20-14 Postage 2.38 2-7-14 Postage 4.83

2-11-14 Mileage expense (160 mi. @ $0.56/mi.) 89.60 2-11-14 Postage .69 2-28-14 Photocopies for the month of February, 2014 (253 @

$0.20 ea.) 50.60 7-11-14 Postage 16.79 Total Expenses $854.55

*629 C:\NetShare\FB\CRlM_K·OlLaskerDD.S 1 07 5'S,atement.00 l''''I'd I~ I

CAUSE NO. 11-01-13705

THE STATE OF TEXAS IN THE DISTRICT COURT OF § § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT NOTICE TO PREPARE REPORTER'S RECORD TO: ROBYN WILEY, OFFICIAL COURT REPORTER OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and makes this request, in writing, for the Court Reporter to prepare an official Reporter's Record to be used for the Petition for Writ of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14- 00630 styled In re Dominique Dontae Lasker A deSignation of the material requested is as follows:

1. All pre-trial hearings in Cause No. 11-01-13705 including June 4, 2013; September 9,2013; November 4,2013; and February 11,2014; and *630 2. All exhibits used, marked, offered, and/or admitted during any proceeding of this cause; Applicant has been determined to be indigent for purposes of this proceeding and the cost of preparing the Reporter's Record, if any, will be paid by the Treasurer of Grimes County, Texas. A copy of this request has been filed with the Clerk of said Court and another copy

~ ~-;:: -< :;:

served on the attorney for the State. c:;:) , .z:- ,0 C/) 1"1'1- !:ti

Respectfully submitted,

:;0 ~ C") :::U"

Cl

I o(=)- rTI

c--1 r SMITHER, MARTIN, ~

W

HENDERSON & BLAZE~ P.c.:::- ~c->8 :<::;; 1414 11 th Street :J: ',Ii- ~ 8 A --1 :::u Huntsville, Texas 77340 (936) 295-2624 -.I U; ! (936) 294-9784 [Telecopier]

NOTICE TO PREPARE REPORTER'S RECORD PAGE 1 C:\NotSharo\FB\CRIM _ K-O\Lask<r.DD.B 1075\Mandamus\Notico to Proparo Reportor's Record I 1-0 1-13705.wpd

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Designation Items to Be Included in the Record has been forwarded to opposing counsel on this the ~y of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

*631 NOTICE TO PREPARE REPORTER'S RECORD PAGE 2 C:\NetShare\FB\CRIM _ K-O\Lasker. DD.SI 075\Mandamus\Notice to Prepare Reporter's Record I 1-0 1-13705.wpd

/~3

CAUSE NO. 11-01-13705

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD TO THE HONORABLE JUDGE OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and requests that the following instruments be included in the record for the Petition for Writ of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14-00632 styled In re Dominique Dontae Lasker: All pleadings and documents on file in Cause No. 11-01-13705, including: 1. Indictment; *632 2. Notice and Demand to District AttorneylProsecutor for Trial or Disposition of Warrants,

Informations, Detainers or Indictments by Federal Prison dated July 2,2012; .. 3. Notice of Imprisonment· and Request for Speedy Trial and Final Disposition dated July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM"; ,...., ~ -< c::t);o- 4. IAD - Placement of Imprisonment and Request for Final Disposition date Janu~ 3qr;:~ rr1 Sd::!

2013;

-0 n::O~ I Dc=; ...... (..oJ C - i r

5. Certificate of Inmate Status dated January 30, 2013; z

(T1

:::> - ina :% :<~

6. IAD - Offer to Deliver Temporary Custody dated January 30,2013; ..... ::;n ::- rr1==" w ><

7. Order Appointing Counsel dated June 6, 2013; U1 ~ 8. Defendant's First Amended Motion to Dismiss dated October 29, 2013; 9. State's Response to Defendant's Motion to Dismiss; 10. Order dated July 2,2014, although ruled on March 11,2014, denying Defendant's

Motion to Dismiss; 11. Defendant's Motion to Dismiss for Violation of the Interstate Agreement on Detainers filed July 14,2014;

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

PAGE 1 C:\NetShare\FB\CRlM_K-O\Lasker.DD.81075\Mandamus\Designation of Record II-OI-13705.wpd 12. Notice to Prepare Reporter's Record; 13. Designation of Items to be Included in the Record; 14. All exhibits used, marked, offered and or admitted during any proceedings of this cause;

and 15. Docket Sheet. Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.c. 1414 11th Street210 Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By -----=---7)_, ---'T------''---f--

Frank Blazek State Bar No. 02475500

*633 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier]

ATTORNEYS

FOR DEFENDANT

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregOing DesJf;ation Items to Be Included in the Record has been forwarded to opposing counsel on this the ~ 4ay of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows:

Elton R Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445

Frank Blazek .

DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD

PAGE 2 C:\N<tShart\FB\CRJM_ K·O\La,k<r.DD.B 1075\Mandarnus\D<signation of Record II.OI.13705.wpd

/1/5

No. 11-01-13703,11-01-13704 and 11-01-13705

§ THE STATE OF TEXAS IN THE 506th DISTRICT o

VS.

§ COURT OF ~. ~ .d- - I -<

-0

DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXA

:Jr: ~

I I

w t; STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS a

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas by and through the undersigned Assistant District Attorney and submits this STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS and would show as follows:

FACTS:

*634 Stanley Ray Jackson and Janella Edwards were found murdered in their residence in Brookshire, Texas in the early morning hours of March 10,2010. Both Edwards and Jackson had been shot in the head with a firearm. A lengthy investigation ensued whereby it was discovered that Dominique Dontae Lasker was home on leave from the United States Marine Corp during the time that Edwards and Jackson were murdered. Lasker had lived with Edwards and Jackson at times during his childhood. It was also determined through an FBI firearm analysis that a firearm used in a October 30, 2010 bank robbery in California was the same firearm used to

. murderEdwards and Jackson on March 10, 2.010. The firearm used in the bank robbery was in the possession of Dominique Dontae Lasker. Lasker was interviewed

On July 19 th , 2012 the State received a "Notice and Demand to District *635 Attorney for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisoners," presumably under Tex. Code Crim. Proc., Art. 51.14, Art. III. It appears that the motion was received by the Waller County District Attorney's Office via standard U.S. mail directly from Lasker without participation or knowledge of the Federal Prison authorities and not certified mail as required by Tex. Code Crim. Proc., Art. 51.14, Art. III. The motion did not contain the requisite certificate from the warden of the holding authority and in its failure did not contain any of the required information such as date of parole eligibility, good time calculation, decisions of the parole board,. time remaining to be served and time already served by the prisoner.

2 On August 31,2012, Waller County requested and received lAD Form V from Ed Perez, an administrator for the Federal holding facility. The State intended to bring Lasker back to Waller County in accordance with Tex. Code Crim. Proc., Art. 51.14, Art. IV.

On January 2,2013 the State sent a request to the Warden of the holding authority for temporary custody of Lasker. This request included copies of the indictments and warrants as well as lAD Form V, "Request for Temporary Custody." Of note is the inclusion of a signature block for the Judge of this Court on lAD Form

V.

On January 31, 2013 (the actual date of receipt is unclear but the letter *636 was presumably written on January 31,2013), Waller County received a response to its request for temporary custody of the inmate advising Waller County that the inmate had waived his thirty day notice to object to the temporary custody. The Warden further advised that yet another form (lAD Form VI, "Evidence of Agent's Authority to Act for Receiving State), would be required along with signatures of the actual agents who would eventually pick up the prisoner.

Also attached to the above were lAD Forms "Notice of Untried Indictment", "Placement of Imprisonment", "Certificate of Inmate Status" and "Offer to Deliver Temporary Custody." The effect of these Forms was to make a demand on Waller County, State of Texas to bring the inmate back to Waller County for trial

3 in accordance with Article III of the Interstate Agreement on Detainers Act. This notice was delivered on or about February 8, 2013. It should be noted that the Certificate of Inmate Status was not in compliance with Article III in that (1 )it left blank the date of parole eligibility and (2) left blank any mention of decisions that mayor may not have been made by the parole board concerning the inmate.

On April 8, 2013 Waller County received by FAX a copy of the request lAD Form VI from the Federal Warden. On April 17, 2013, Waller County sent lAD Form VI to the Texas lAD administrator, Donna Bell. On May 1, 2013, Waller County forwarded on lAD Form VI that had *637 now been signed by the Texas lAD Administrator to the Federal Warden. Lasker was returned to Waller County on May 24,2013 and has been in Waller County custody since that time. The Defendant's first court date in Waller County was on June 4, 2013. At that time the Defendant infonned the Court that there were a number of motions on file and that he wanted a decision on those motions. The Court informed the Defendant that he needed to be represented by counsel. The Defendant had in fact requested in his lAD Form "Placement of Imprisonment," that he be appointed counsel by the requesting Court for all matters preliminary to trial. With that in mind the Court appointed the Regional Public Defender on June 4,2013 and continued the

4 matter until such time as the Regional Public Defender could consult with Lasker and otherwise become prepared to be to heard on the various motions that Lasker had filed.

After the State met and discussed the case with Mr. Blazak it became apparent that the Defense was not going to initiate any sort of court settings. The State requested a Court date so that certain matters could be heard. On September 9, *638 2013 the Court heard and granted its second continuance for good cause shown until November 4, 2013 whereby the Defendant waived arraignment and a scheduling order was signed by this Court.

APPLICABLE

LAW:

The IADA IS a congressionally-sanctioned compact between the United States and the states. Cuyler v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703, 709, 66 L. Ed. 2d 641 (1981). As stated in Article I of the Act, "the policy of the party states and the purpose of the IADA is to encourage the expeditious and orderly disposition of outstanding charges and determination of the proper status of any and all detainers based on untried indictments, infom1ations, or complaints."

5 Birdwell v. Skeen, 983 F.2d 1332, 1335 (5th eir. 1993). Consistent with this purpose, the IADA pennits a state to tile a detainer against a defendant residing in a prison in another state, gain temporary custody of the defendant, and prosecute the defendant on the charge that forms the basis of the detainer. U.S. v. Mauro, 436 U.S. 340,351-53, 98 S. Ct. 1834, 1842-44, 56 L. Ed. 2d 329 (1978).

The IADA also provides a mechanism for a person incarcerated in one jurisdiction with charges pending against him in another jurisdiction to be tried on the pending charges before being released from incarceration in the first jurisdiction. Tex. Code Crim. Proc. Ann. art. 51.14, Art. I (Vernon 1979). Either the defendant or the jurisdiction where charges are pending may demand that the *639 defendant be tried on the pending charges. ld. Arts.!, III, V.

Article II[ (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the tenn of imprisonment there is pending in any other party state any untried indictment, infonnation, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial wi thin 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint. ..

The fAD also states that the prisoner's request in Article III (a): Shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the tenn of commitment under

6 171

which the prisoner is being held, the time already served, the time

remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decision of the state parole agency relating to the prisoner.

ARTICLE V.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article HI or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. *640 To request final disposition under article III, the defendant must cause

"to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment." Id. art. IIl(a) (emphasis added). The IADA provides that a defendant can perform this requirement by sending the written notice and request for final disposition to the official having custody of him, who would then forward it to the appropriate prosecuting official and court by registered (certified mail, return receipt requested). Id. art. IIICb). The Supreme Court has held that the 180-day provision "does not commence untinhe prisoner's request for final disposition of the charges against him has actually been delivered to the court and prosecuting officer of the

7 172

jurisdiction that lodged the detainer against him." Fex v. Michigan, 507 U.S. 43,

113 S. Ct. 1085, 1091, 122 L. Ed. 2d 406 (1993); State v. Powell, 971 S.W.2d 577, 580 (Tex.App.--Dallas 1998, no pet.).

The inmate bears the burden of demonstrating compliance with the formal procedural requirements of Article III." Morganfield v. State, 919 SW2d 731,734 eCt. App. - San Antonio [4 th Dist] 1996), U.S. v. Henson, 945 F.2d 430, 434 (1st eir. 1991); Bryant v. State, 819 S.W.2d 927,930-31 (Tex.App.--Houston [14th Dist.] 1991, pet. refd).

The failure of another state to follow the lAD does not require dismissal of the Texas [receiving state] charges." Bryant v. State, at 929. Delay *641 caused by holding jurisdiction tolled until the receiving State receives the completed request form. Id. at 931.

8 173

A prisoner seeking to benefit from the statutory provisions [of the

Uniform Mandatory Disposition of Retainers Act] must tirst meet the burden of compliance with the 'agreement.' IvlcCallum v. State, 407 So.2d 865, 869 (Ala.Cr.App.1981). There must be strict compliance by the prisoner with the requirements ... , otherwise, a conniving prisoner could finagle procedures to frustrate efforts of the prosecution to give the prisoner the benefit of the Interstate Compact on Detainers'), and attempts to deal directly with officials in the receiving state, he must satisfy the additional requirements of the agreement which would normally be executed by officials in the sending state." McCallum v. State, supra, at 869." Seymore v. State, 429 So.2d 1188, 1193-4 (Ala.CLApp.1983). fVhitley v. *642 State, 392 So.2d 1220, 1224 (Ala.CLApp.1980), cert. denied, 392 So.2d 1225 (Ala.1981 ).

9 I 7'1 jurisdiction. State v. Votta, 299 SW3d 130, 137 (Ct. Crim App 2009). Article III, section (a) of the IADA states that the prisoner's request must be "accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment ... the time already served, the time remaining ... on the sentence, the amount of good time earned, the time of parole eligibility ... and any decision of the state parole agency relating to the prisoner." TEX. CODE CRIM. PROC. ANN. art. 51.14, Art. IH(a) (West 2006). And, should that information not be forwarded with the request for final disposition, the 180 day timeline remains dormant. Lara v. State, 909 S.W.2d 615 (Tex. App.-Fort Worth 1995, pet. refd), State v. Garcia, 2011 Tex. App. LEXIS 4272 (Tex. App. *643 Amarillo, 2012).

ARGUMENT:

This case has become convoluted for a couple of reasons. The 10 I ?S

Defendant allegedly committed the murders in Waller County on or about March

10,2010 and fled the jurisdiction. He did not become a suspect until facts became known about a bank robbery and his arrest in California on October 30, 2010. From that time until December 16, 2011, the Defendant was being held in California for trial. He was sentenced on December 16, 2011 and was committed for one hundred twenty-one months on January 12, 2012 to a Federal Penitentiary in California. The Defendant was indicted on the Waller County murder charges a couple weeks later on January 27, 2011 and presumably a detainer was placed on the Defendant shortly thereafter.

The Waller County District Attorney's Office entered into a number *644 of informal telephone conversations through the Waller County Sheriff s Office with Mr. Ed Perez at the Victorville Federal Penitentiary in California about what was needed to get the Defendant back to our jurisdiction for trial.

11 This is one of the documents that the Defendant claims in effect to be a notice under Tex. Code Crim. Proc., Article 51.14, Art. III, demanding trial within 180 days of receipt of the notice by the Court and the District Attorney. If such were the case, then trial would have had to be commenced on or before January 16, 2013. Another consequence of this notice, if it were effective, is that it in effect waives the right of the Defendant to insist on the formal extradition process and renders consent to be taken back to the jurisdiction seeking the Defendant for trial.

There are a number of problems with this Defendant's attempt at giving an Art. III notice. The notice has a few "shaHs" in its wording. First, in Art.lII (b) the notice "shall" be sent by registered or certified mail, return receipt *645 requested. This requirement among other things gives both the prosecuting attorney and the Count some idea of just when the 180 days begins to run and does not leave that important date up to the vagrancies of in-office date stamping, claims of in-office routing problems and the like.

12 /77

the prisoner. All of this infonnation is vital to the decision making process that

It is clear from the case law cited above that a failure on the warden OR the Defendant to strictly comply with the Interstate Agreement requirements in Article III results in no notice to the trying Court and the prosecutor. (See Fex, Powell, Morganfield, Henson, Bryant, McCullum, Seymore, Whitley, (. .. the 180 day period does not begin to run until Texas authorities have received the complete *646 request form .. .)Burton, Lara, Garcia.

13 17f requirements. If the Defendant were obtained via Art. IV, then his trial had to commence within 120 days of his arrival back in the requesting jurisdiction unless good cause was shown for the Court to continue the case.

Waller County began this procedure beginning informally after we determined that the Defendant had been arrested in California. It continued more formally after he was sentenced in California in January 2013. and continued November 2012 (attachment #2) through May 2013 (attachment #3).

On February 8, 2013 Waller County and the Court received another Art.III request (attachment #4) by certified mail this time through the warden of the holding authority. This demand contained a cover letter from the warden, *647 "Notice of Untried Indictment," "Placement of Imprisonment," and a "Certificate of Inmate Status." The Certificate, however, did not contain the full information required by Art III in that it omitted 1) the date of parole eligibility of the prisoner and, 2) the decisions of the U.S. Parole Commission relating to the prisoner.

If, for the sake of argument, the Court determines that the State has been placed on notice in accordance with the requirements of Art III, then the 180 14 /71

day trial dead line may apply thus requiring trial by August 7,2013. However, this

court may find that good cause has been shown and continue the case.

Art III(a) ... provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. On June 4, 2013 the Defendant appeared in this honorable Court (a

Court of proper jurisdiction) (see docket sheet) and in open court and on the record demanded that certain previously filed motions be heard. The Court inquired of the Defendant if he was represented by counsel. Defendant advised that he was not yet represented by counsel and in view of Defendant's request to have court appointed *648 counsel (see attachment #4, page 4), the Court reset the case until such time as appropriate counsel could be appointed. Later on in the day and NOT in open court, the Defendant was appointed the Regional Public Defender, However on June 6, 2013 the Court reconsidered this appointment and subsequently appointed present counsel to represent the Defendant.

This Court had no alternative but to appoint counsel for the Defendant and reset the matter. The Defendant had filed adversarial motions that needed to be heard, argued and decided. The Defendant made no request to represent himself either explicitly or implicitly. The Defendant had in fact given notice of his desire to be represented by court appointed counsel through his paperwork filed with the Court. If this Court had pennitted the Defendant to proceed without representation,

15 I%,0 the Court would have clearly run afoul of the long line of cases that require a Defendant to have the availability of competent counsel in a criminal trial. (Powell v. Alabama, 287 U.S. 45 (1932).

The State argues in the alternative that Tex. Code Crim. Proc., Article *649 51.14, Art. III is unconstitutional as violating the Texas Constitution's separation of-powers provision because it unduly infringes upon the judiciary. See Tex. Canst. art. IL Sec. 1). The separation of powers may be violated in one of two ways: (1) when one branch of government assumes or is delegated a power "more properly attached" to another branch or (2) when one branch unduly interferes with another branch so that the other branch cannot effectively exercise its constitutionally assigned powers. Armadillo Bail Bond v. State, 802 S. W. 2d 237, 239 (Tex. Crim.App.1990). The State's position is that Tex. Code Crim. Proc., Article 51.14, Art. III, unduly interferes with the judicial powers of the Waller Criminal District Attorney, specifically by preventing the State of Texas from prosecuting the case against the Defendant, who has been lawfully indicted. (Meshell v. State, 739

16 S. W.2d 246, 253 (Tex.Crim.App. J987)("By establishing the office of the county attorney under Article V, the authors of the Texas Constitution placed county, district and criminal district attorneys within the Judicial department."). The law imposes on the State a strict prohibition from prosecution based on the expiration of a time limit that has no meaningful relationship to evidence or procedure. The deadline of 180 days is completely controlled by the action of the Defendant. Unlike the obligation on the part of the judiciary to set bail in accordance with Code of Criminal Procedure Article 17.151, resulting in a mandatory admission to personal recognizance bond, a violation of Tex. Code Crim. Proc., Article 51.14, *650 Art. III mandates that the indictment be dismissed with prejudice. [d. Armadillo at 240-41 (quoting A. Leo Levin & Anthony G. Amsterdam, Legislative Control Over Judicial Rule-Making: A Problem in Constitutional Revision, 107 U. Pa L. Rev.l,32 (1958)). This requirement that an indictment be dismissed with prejudice bars the judiciary (prosecution) from exercising its exclusive power to act on an indictment, try an indictment to a judge or jury, and have the case decided based on the evidence. Courts have held that certain realms of judicial process are "so fundamental and so necessary to a court, so inherent in its very nature as a court," that they must be entirely free from legislative interference. Id Armadillo at 240- 41. To arbitrarily bar the prosecution from proceeding based on any other factor other than the evidence or matters of Constitutional procedure is an improper

17 infringement on the judicial power to bring, try and render judgment on criminal matters.

PRAYER:

For the above reasons and law, the State of Texas respectfully prays that the Defendant's motion be denied by this honorable Court. Respectfully Submitted, Frederick A. Edwards Assistant District Attorney Waller County, Texas *651 645 Ith Street Hempstead, Texas 77445 (979) 826-7718, FAX (7722) SBN: 06435100

18 1(3

"

~OTICE AND DEMAND TO DISTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTMENTS BY FEDERAL PRISONER Dominique Dontae Lasker , FROM: TO: Office of District Attorney Reg. No. 22867 - 298 (b~6 b~ S\{CLt- S;,u,\C- \ United States Penitentiary He.r,,",~~r{uJ t'" '77LjY.$" Victorville FCC PO Box DOll 3900 Adelanto, CA 92301

Dear SinMadam: I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: CaQital Murder Charge -4 11-01-13703 979-826-8282

.'T

CaQital Murder Charge # 11-01-13704 979-826-8282 Capital Murder Charge # 11-01-13705 979-826-8282 #

2, I am presently a federal prisoner in the custody of the United States Attorney General, incarcerated at the *652 Victorville Federal Correctional Complex, located in Adelanto, California. 3. I was sentenced in the United States District Court for the Sou thern District of Ca 1 i f orn ia , to a term of 121 months. My current projected release date tram federal custody is Augus t ,~, ~o 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do not allow my participation in certain rehabilitative programs, I remain in a higher security classification category and the dday in prosecution prejudices my defense against these outstanding charges.

Cordially, Dared: d.OId-. 107 I a... ~ ~ 3YREQrnTOR ~LL " ,A~ - 1\- '~A.:S' Dominique Dontae Lasker -,dJa~~ ,~~rr~ ________ ,\=.u'-"'th ..... u ..... r ... izated by the Act of

I

Wr1;\'ESS-PRrS()'~ ST \FF \IE~J1Y 7, 1955, as amended, corlES: r)RICr-.AI. I:) DISTRICT JR£qQ,1iru~lW(Qq.thsoU.;6t:cORDS TO 3E lSED \\ ITH REQlEST TO COL'RT FllR OIS:"I/SSAL. .\.LSO: r"n.L'::JE '!.()( I. \IE,\TA r ICJ.' FR[)\1 THE C~SE tJ.&G~ §::~9ARDI'IG T~E W ~RR-'."T. OET ~J~;ER .-\'\0 IF POSSIBLE \'Ol.'R SE"TESCE ),!O'dTORI'I,; D.A r 0\ f_ ~_.;\IPI T.l, T ]t)\ :lPI\·~·'· H.'T '';H()\~ f'G \ t)l:R ?ROJFr-n::n RELf.;SE ~).1. fE

EXHIBIT

I s 1.

/

'\lP La .... Llbrlf) F,)rms, :"oticeSpeedyTriaJ-Detamer (Rev '-I: II) ., " COURTOF __ W_a_ll_e_r _ _ COUNTY IN THE Dis tric t [506 Di s t ric t ] FOR THE STATE OF Texas ----~~--~------ NOTICE OF PLACE OF IMPRISONMENT AND Waller County Sheriffs, ) Plain tiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to . . . . . . . . . ) (Tex.Code Crim.Proc. Ann.Art. 51.14 ) ) \'. (Constitution, Art. VI, § 10 ) ) )

CASE NO. 11-01-13703 979-826-8282 Dominique Dontae Laske~ ) 11-01-13704 979-826-8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, I:bninicp: D:nta:: lasker

IS

1. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court for the District of 16 2011 California on December - - , - - - - Defendant has a projected release date ------~---, from federal custody on __ A...,.:ug""-u_s_t _____________ , 13

, 20 ~. (see attached sentencing computation/data sheet). 1. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations, charges, and/or complaints pending this jurisdiction. Specifically: In 1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282 3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detainers. The Defendant further requests in an absence of availability of trial. an in absfentia resolution be arranged. 'dP Law Library Forms,}JotlccSpeedyfrl31-Detalner IRev 9.:11)

If.5 ~. f'his Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopter v . .vorlh Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights, even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v. Jfichigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in abstentia, including an order for the district attorney/prosecutor to seek temporary custody from federal authorities under LAD provisions, and the dismissal of any outstanding citations, warrants, informations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period of time not to exceed 120 days.

*654 Respectfully Submitted, Dated::iD \ ;)... /02 I Q '5 J ~~r..Sker Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document \vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS tft. c tA-ttD(V'\f.. L{ ~yto G~h. ~1r(d SLLi\-c. \ I \ e 1'Y1 PSI cc{.J 1 X. ) 7 7 Lj Lj-5

~ ~~----- Date: ~Ol~/07/3 :;::::::> :~ . ~omtnique Dontae Lasker \iIP Law Library Forms:'\'otlceSpeedyTnaI-Detainer (f~<!v. 9· I I)

CERTIFICATE OF SERVICE

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville DSPIFCC, at Adelanto, California, on this ~ day of

,,\G\..1f'..'0,Q,) d ,20 12 ,with sufficient postage affixed. It would be \

noted that this service would be deemed filed at the time it was delivered to prison authorities for

*655 forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2) . District Attorney/Prosecutors Attn: Patricia Spadachene, District Clerk

OFFICE

Waller County Courthouse

FOR WALLER COUNTY

836 Austin Ct., Room 318 Heapstead, TX 77445-4673

~I ~d ~ l1liIli que D ;Lasker <:: Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301

VIP Law Library Fonnsl Certificate of Service (Rev. 81l1) If7 · . .

DETAINERS ........ : YES

NOTIFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR T~~IS CURRENT COMMlTMENT.

---- THE INMATE IS PROJECTED FOR RELEASE:(]J8-13-2019 VIA GCT REL~. - ----------------------CURRENT JUDGMENT/WARRANT NO: 010 COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMEER ... , . . . . . . . . . . '" .. : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO

*656 FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00

RESTITUTION ... : PROPERTY: YES SERVICES: NO

AMOUNT: $2,714.50

-------------------------CURRENT

OBLIGATION NO: 010 OFFENSE CODE .... : 551 OFF/CHG: 18: 2113 (A), (D) AND 18: 2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE

SENTENCE IMPOSED/TIME TO SERVE.:

37 MONTHS

TERM OF SUPERVISION . . . . . . . . . . . . :

3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010

G0002 MORE PAGES TO FOLLOW . . . 1ft ,~,·Nt 'b·:t'''''·'", 'Y,.n'_i L ... ·"". ,:;fr~I' Nr. Dominique Dontae Lasker *657 Fed. Reg. '2286T-298 .... :.. ...... '

.:,.~ United States Penitentiary Victorville .,' '1 -.. ~'{~' ~J;r,'~;" '.,..\ t-:s~ ..... ~ "",~,"dI2···.. "~ ~~.~--' ;1 P.O. BOX. 3900 . .1. .'''' ••. ' ......... ~.:..,_ .•• ",,,_,_ "\ .... '~ .' ",. w,!.l:""- - '~.: ~"r.'l'" ~~ ......... '~""". , _ .... ~~;-.r."'i.:.'r: _~

ADELANID, CA. 92301

lI"t District Attorney/Prosecutors Office ~ : "I ~ For Waller County <6Y6 b~ ,;tTcLi' Sun~~ I ':T~egal Mail"

" ' I I ' ' ' ' .

I ---4\ \Ll"'llC.Stc.(I. ~ 1'& I ] 7 L('j,r) \oJ~ [) 1 S {\ I 7 ~ 5 E: L ( i) 7' / l. (, / J ," ~~ \ I N,\ r>, I, ETC :-;) R \,,1 A R \) ./ ,- (1 R 1\:: \' T F l'i '!~ ,I" ;.l j; ~~ u '\- ,-, \~ t.: 77 '{ "1 S ~1 ,~~ D:: :~ f1 '~; ~ f; f).l - 1 -:: 5 't S l. 1 '! [,~! 774:::\-EtE~4;:;24~ ^[77] ^[11] ", c ,fir::: :1 n"" i i ti ' I I i i i i i , I 1" i i i i j I , "'''''''-.1 '_.'oJ -,. \J i_ ! ! I f !f } , ~ I ! ~ ^[1] ! ' I ! r t ~ , ! ~ ! ! , , ! t t ! ~ ! t ~ I, ~ ~ ^[1] ! ! ! ! ~ ! ~ ~ ! ~ ^[1] ! !

• Transmission Report Date/Tlme 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE ^[9798267722] Local Name 1 LocallD ^[1] WALLER CNTY. DA OFFICE Local Name 2 LocallD ^[2]

This document: Confirmed (reduced sample and details below) Document size: 8.5"xll" 645 1211\ SItHI Elton R. Mathis Hempslead. 'IooIa n~5 (9791 826-n18 (979) 825- T722 Fax Criminal District Attorney VlBIIer County January 2. 2013 Warden United States Penitentiary VIctorville FCC. P.O. 80.3900 Adelanto, califomia 92301

In Re: Inmate DOMINIGUE DONTAf LASKER, 22867-289 Request for Temporary Custody (lAD Form VI Dear Warden, Please find our county's request for temporary custody so that Irvnate Dominque Dontae ~sker may stand trial for Capital Murder In Waller County, Texas. I have attached certified copies of the indictments and warrants In this matter. The", a", no fingerprints or photographs because the Defendant fled our Jurisdiction before arrest. He was however interviewed by Te~as Rangers there in California. *658 If there is anything more that Is needed to facilitate this temporary transfer, please let me know.

~rdS' / ' /0. ~:!-"'::f~ First Assistant District Anomey Waller County, Texas

EXHIBIT

is' ~ Total Pages Confirmed: 8 Results Remote Station 5tartTIme Duration CP24000 ^[7605305750] 04:04: 15 p.m. 01-09-2013 00:01:41 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed G3: Group3 TS: Terminated by system WS: Waiting send EC: Error Correct M5: Mailbox save FA: Fall RP: Report

.' co:py Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, lexas 77445 (979) 826-7722 Fax Criminal District Attorney \l\ialler County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. *659 If there is anything more that is needed to facilitate this temporary transfer, please let me know.

Frederick A. Edwards First Assistant District Attorney Waller County, Texas

111 PAGE 02/B3

RECORDS

7605305750 i09/05/2012 08:35 !AD FORM V - REQUEST FOR TEMPORARY CUSTODY CCFRM MAUL[.Q FEB 94

8P-SS68.051

U.S. DEP~ or JUSTICE FEDERAL BUREAU or PRISONS six copies. Signed copiu m1J8t be ~ent ~o the pdsoner and to the ofticial who has the p:r.isoner in cu~~ody. A copy ~hould be 3ent to ~hQ Aqreement Administrator of both the ~.nding and the recei~ing ,tate. Copie .. should ba, retained by the parlllon filinq the request 03.nd the judge who signs the requQ!lt. Prior to tran!lfer vnder thi~ Aqreement, an Inmate may be afforded a judicial hearing (Cuyler) sl~lar to that provided und~r the Uniform Extradition ~ct. in which the inmatQ may bring a limitmd ch4llenge to the rec~ivinq etate's request. To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Address

~ V I\) ~(:;cl .s+", t..s -Per') I f~Aif'A*':J J Vic. to 14. v' d II! I-.C C 'J ? -0· 130)(, 3tqO~ A- oe Ij~:l'~})oS' please be lIdvised thllt (Name of Inmate) )50M ,N J q LA ei J)o"Jt At: L/'U keI2..121(,f"- 2."iI, who i y an inmate ot your institution, is under [indicate appropriate] _ indict.ment J,. ^[1] f":iRiGmat:i~n) (-eompla!nt) in the (Jurisdi ction)

,1 '-1. W A-Ilev- CO(..4lvt y 1-e>(J4.5 I of which I am the (Title of Prosecuting ~ 0 ::DjS1'VlI'C. f i'f R Ol'1J\J~ Officer) Said inmate is therein charged with the offens s) enumerated below:

I ,

Il - ~ i Offense (s) (D c p. ? 'd· ~ I Ml.4v.oev- l \ - 01 - 13 =7030/"~ !J.:tolo [ Jkt-\v /VYl- ~ 1 -0 I - 1310Y-,IX) ~. I propo"e to bring th1~ per:1ol'l to trial on thie [indicate appropriate) ,indictment III f ai" ti'IW (eolLljn,d')lt) within. the time .specified in Article IV(c) of the Agreement. In order that proe.eding~ in this matter may be properly had, I hereby requeat temporary custody ot 3ueh per$on.s pur~uant to Article IVI., of thQ Agr.ement on DQt4inere. Attached herewith find in triplicat.: oJ. Certified copies of the complaint, information or ind,i,ctment b. Certified copies of t~e warrant c. Certified copi~.s of !inqerprint2, photoqraph~ or physical description I hereby aqre. that immediately after trial i3 completed in this jurL:diction, I will return the prisoner dir.~tly to you 0: .ll.ow any juriedlction you have d~siqnat.d to take temporary custody, I aqrQQ also to com lete Form IX, The Notice of Di.s OSition of a DetainQr, immediatel after trial.

*660 . Date Ti,tl,e I .:vcst""·c....~ Prineed Name and Signatur E \ -\0'" Q.. ~ H 0'" NoV .JJ~ 1 20 I ~ r.;\ \>t +\"'\.$

CQ.II"',IIJA.

~74f./.S;- Address: City/State: Telephone No.: l,g4 5' ltl.tk S+('-i cd- \-\ -e V\oooo\.p 6-beC."~ / I ~ '.( 45 q 71 q - g 2 (, - T=i 1$ I h~rQby certiry that the person whose siqnat~re appears above is an appropriate officer within the me".ninq of Ar:ticla IV{a) and that t.he fact" recited in this request for tempore c:u.tody are cor:rect: and that havinq duly recorded said reque~t, I hQreby transmit it tor ac~~~n in . cordance with its ter.m and th. rovi~ion. of the Aqrep.ment on Detainer". ,

Judge's Print~d Name and Signature Date P\ I b~v~ M. f\A.c COt\ A)o V .2~J 20/ L Court .s D (P t-\..-. -:r ~o\'C I' 4..\ COUll' -t City/State Telephone No. eY'A 5-t~)-')) J W~ L l-ev- Cou,...,. -t Te'(A~ 0)"1 (, v q 21 ... 6 q 2.. 1

,.,~~

(This fo.r.m may bit replicated via WP) :.J;l~J~ ._\ . \HJt!rt L'rt .HCCJI~, Jr. ' J . • . I ;;-~',·;il, "'.~~\ fi~ .. ~-,,~, " - , , ' , - ::',::\r';1 _. JUuL(C, .:;C6lh JudICIal DIstrict Court \-' '~~f. ,. WrIDer ::md Grime~ COllntie~. Texas

. .-/

THE STATE OF TEXAS

IN THE DISTRICT COURT OF VS. W ALLER COUNTY, TEXAS ~ct Qt' JUDICIAL DISTRICT DOl\UNIQUE DONT AE LASKER BIM DOB: 0312111984 Charge: CAPITAL MURDER Section: 19.03 Degree: CAPITAL FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the Il1H day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a frrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and *661 both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury 10/3

Cause No. 11-01-13703

TIlE STATE OF TEXAS IN THE DISTRICT COURT OF W ALLER COUNTY, TEXAS VS.

DOMINIQUE DONTAE LASKER

506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

. ·Ha~~~,D~uty

SHERIFF'S RETURN

*662 CAME TO HAND the ___ day of _______ , at ___ o'c1ock __ om., and executed by arresting _______________ _ _ At , in ______ County, Texas, and placing day of _ __ __ __ __ _ him/her in the Waller County Jail on the

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip.

_ __ __ ___ _ __ , Sheriff FEES: Making Arrest ___ ____ County, Texas Mileage miles Taking Bond By: ____________ ___ Commitment

Deputy

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER ,-'-J>/:-.)uDICIAL DISTRICT RIM DOB: 03/2111984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th 506 tb Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*663

Foreman of the Grand Jury Itf5

Cause No. 11-01-13704

·fHE STATE OF TEXAS IN THE DISTRICT COURT OF W ALLER COUNTY, TEXAS VS.

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

BlacklMale DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, tben and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

I BY ~ ;I'~' : ·-;~~~:g~;rd, Deputy

SHERIFF'S RETURN

*664 CAME TO HAND the day of , at o'clock - - - - - - - ---- - - - __ ,m., and executed by arresting __________________ _ At , in _______ County, Texas, and placing him/her in the Waller County Jail on the day of _ __ __ __ __ _

Mileage miles - - - - - - - County, Texas Taking Bond

By: __________________ _ Commitment Deputy . l37{/!; - NO. II -- (J /

THE STATE OF TEXAS

IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS DOMINIQUE DONT AE LASKER ~!.16,(1- JUDICIAL DISTRICT DOB: 03/2111984 BIM Charge: MURDER

~i Section: 19.02 ~ &~ .. Degree: FIRST DEGREE FELONY I §I!, '; INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; "-~ ~~Ibi. ~\ The Grand Jury for the County of Waller and the State of Texas, duly selected, ',- empaneUed, sworn, charged, and organized as such at the January term, A.D. 2011 of '--.. 506 th Judicial District Court of said County, upon their oaths present in and to said Co

3: at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11 TIl day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*665

Foreman of the Grand Jury /97 • f Cause No. 11-01-13705

THE STATE OF TEXAS

IN THE DISTRICT COURT OF \V ALLER COUNTY, TEXAS VS.

DOMINIQUE DONT

AE LASKER 506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

// F fJ/ Haggard, Deputy

SHERIFF'S RETURN

*666 CAME TO HAND the ___ day of _______ , at ___ o'clock __ .m., and executed by arresting ___ ___ _________ _ _ At , in ______ County, Texas, and placing him/her in tbe WaJler County Jail on tbe day of __ __ ___ __ - '

I actuaJJy and necessarily traveled miles in the service of tbis writ, in addition to any other mileage I may have traveled in tbe service of other process in tbis case during the same trip.

__ ______ ___ ,Sheriff FEES: Making Arrest ________ County, Texas Mileage miles Taking Bond By: ____________________ _ Commitment

Deputy 191 . -. ) ... - ._, - -~----. ---_._--- - - .. -. - .~,. SENrJER: ~,CMPLETE TIllS ';ECTION • CoriiPD'itIIIMI~ ~ ancta/4JitO~·, .. ,

1tarft41f Resb1ct8d DeItiery III dI8Ii'Ida'., ' • PrInlygi.-name and addr-.OIttne~,.,,·· !!O tI'\alw. can return the card to yea .. Att8cb Ihlacarct to the back of the mallp~. . '. otontrJettant"~~~,; ,

0: Ia dIIIIIwy un. dIfIIrw1t tan Item 11 IfY~ em.1WVwy ___ ~ [J Nell< *667 ). s.w:.~ ~c.tIfIed Mail:;: , aR~· a lnand ,.....

a,v.. ... - 7002 3150. DODO 3D33 71b1" PS Form 3811. February 2004: DomestiC Return Receipt

• Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, "i!xas 77445 (979) 826-7722 Fax

Criminal DistrictAttorney \Nailer County May I, 2013

Ms. linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the *668 last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at the Waller County Sheriffs Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank you for your help in these matters.

Sincerely yours, ~~- Elton R. Mathis Waller County District Attorney

Ene. Cc: R. Glenn Smith

Waller County Sheriff

EXHIBIT

I 51 3 lAD i'ORM VI - EVIDENCE OF AGENT'S AUTHORITY CDFRM "t3P-A0564

APR 10

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Five copies. All copies, with original signatures by the Prosecutor and the Agents, should oe sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for use in establish~ng their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file.

Evidence of Aqent's Authority to Act for Receivinq State ~e.c. - t..-' ~ ~ To: (Administrator and Address) ~,..).4. -r. M.~~re.-' I V{"'-)..", Y .. O. Bei- ~J.f()O

,,; c.~r..,d\~ ~A. Inmate (Name and Register No.) is confined in (Institution and address) F~c.. V~<--l-o",,\\\e. ~--~\~'l'- - uS P J....4."S\-t r ) VD 4"'-\''"'~'t'e.. DD~e. P.O. 'SO'f- -S' ~ 0 0 ~~2>~,- Z~~ 't:I.,,-fo c. "Inri wi ^[11] be t::~kc:n .luLu "':USl:.O\.ly aT:. ::;aid Institution on (date) for return to the County of ______ ~Yd~~A~~~~~~~~~ ______________________________ ,state of

*669 Te)<tt S '- for trial. In accordance with Article V(b), of said Agreement, r have designated: Name and Department Represented . gent's Name and Department Represented bfltv <1,. 5kr;/P; Qtt!?e. ~7tJ Ify~ &ssd whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature) Dated

. ,i).I1-. 1).01 " . . I t t!"A4!$ ~ ~ r(.

•• "1

d. City/State - cL 0, e. Telephone No -

'\''\ B l.l. - (~ 1 P> Evidence o~ Agent'. Autbority Continued J,.., ek. --r: P"\e (b r~~« 'd:'" cL r"- To: (Ward.en -5upe rin tendent - Director> In accordance with the above representations and the provi~1on5 of the Aqreement on Detainers, thQ persons listed. above are hereby designated a6 Agenta for thQ

:r:E)('A- S Stata of to return k'k$~R..~ DB\1i;;;,1:'Qv<#

'Do;ir;it::

(In~ate' ^[5] Name ~a 9.. I)fqiseer No.) h{8I,Ug, , Stal:. or d¢eM~-~lJ to the county of __ ~ , tor t~ial. At the completion o~th. trial (Inmate) t:llsJ4{J!!... "»o1"";&'I-/:r:qt.JcF 7>OH7~c ~ &7- tfl9 rz shall be returned to the (ln5titution and Addrel5~) : t!o,.,..t J.,)(' - V $) P ~ a.C VI" <- fry II ; / Ie. *670 p. D.

13~.x ~?,lJ 0 14.14/""- -10) C;:t 9~ '6 D / Dated \\ l\f)\-S~\ \ \~,l6tS 'l1:1l c. City/State c\&i1-l\ 6l)-lO. 4 ~ d. Telephone No.

Prescribed by PS87' 2 139L9B£9139L SGC:1083C1 '.

--

*671 .. ~. --=,' ~' : : ' ~ ' -, ~ . -, ,~ = , __ ~. J ^[1] ;--- ) . ' . ;' --=-1 I , ~ -. .. 1 .

- ; .J · . ,='/1" ~n U.S. Department of Justice Federal Bureau of Prisons

ZDI3r~>-] .!··IO:~q Federal Correctional Complex Office of the Correctlonal S~tl~"-----:::--i_-\-I/..J~,.,.. Vlctorvll1e, Ca Ifornla January 31, 2013 Office of the District Attorney Elton R. Mathis, Criminal District Attorney Waller County 506~h Judicial District 645 12th Street Hempstead, Texas 77445 Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

*672

Dear Mr. Mathis: In response to your r~quest for temporary custody pursuant to the Interstate Agreement on Detainers Act (IADA), applicable forms are enclosed. Please be advised subject has been notified of your request and has been afforded a 3~-day period in which to contact the Warden of this institution as to any reasons why he should not be produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact this facility directly to arrange for temporary custody. The inmate has elected this 30-day period, provided under Article IV (a), which expires on DATE) . Any court proceedings must occur after this date. Please remit to this office the original completed Form VI, "Evidence of Agent's Authority to Act for Receiving Staten (BP-A564) and originals of the lAD Form V (BP-568) and lAD formVl (BP-565). The persons designated as agents to return the prisoner to your State must also be the persons whose signatures appear on the Form VI. Naming alternative agents would be advisable in case your primary agents cannot make the trip. The alternate agents' signatures should alsa appear on the Form VI. Also be advised that the designated agents must have in their possession a copy of the warrant when assuming custody of the prisoner.

EXHIBIT

J -sf Lf

Exhibit

Page Two RE: Lasker, Dominlque Dontae

Register No. 22867-289 Inmates who are temporarily transferred pursuant to the lAD remain under the primary jurisdiction of Federal authorities. Should you accept temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the above named inmate to this institution after prosecution on all pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements for the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and leg irons are required. Contract Guard Services are not allowed. *673 Any problems associated with this inmate must be reported to the individual listed below. This inmate may not be released on bailor bond or any other agency while in your custody. Additionally, this inmate is not to be committed to a state correctional institution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed certification form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5748.

Sincerely Linda T. McGrew, Warden

((1U~

/5/ D. Wren, SCSS

Enclosures: 8P-~orms A235, A236, A238, A239 BP-A565, lAD/State Writ - Prosecutor's Certification form cc: Clerk of Court State IADA Administrator - BP-S235 (51) IAn -NOTICE OF UNTRIED INDICTMENT u. S. DEPARTMENT OF JUSTICE

FEDERAL Bt1REAU OF PRI SONS INMATE NAME: REGISTER NUMBER: rNSTITUTfON:

FCC VICTORVILLE COMPLEX

LASKER DOMINIQUE DONT AE22867-298 Pursuant to the Interstate Agreemen't on Detainers Act, you are hereby informed that the following are the untried indictments, information, or complaints against you concerning which the undersigned ha~ knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER CAUSE #11-01-13703,11-01-13704 AND 11-01-13705. You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your *674 said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, infonnation or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or d d hd], or ere suc e Ivery.

Linda T. McGrew, DATE: NAME AND TITLE OF Com pi ex Ward en

CUSTODIAL AUTHORITY

Charles E Samuels lr. August 31, 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist INMATE SIGNATURE DATED: Original Inrnale Copy: J&C File

Cenlral Iile r BP-S236.0SI lAD - PLACEMENT OF IMPRISONMENT CDFRM FEB~ U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Court: Jurisdiction: 506 1h JUDICIAL DISTRICT

WALLER COUNTY, TX

And to aU other prosecuting officerB and courts ofjurisdictioo listed below from which indictments, information or complaints are pending, you are hereby notified that the uoderBigned is now imprisoned in: Institution: Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

*675 And I hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term of imprisonment in this state. I also agree that this request shall constitute a cODS~nt by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am conf'med.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this fonn to the sender. Forms BP-S238(5 I), Certificate ofIrunate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are attached. Dated:

Inmate's Name and Register No.: January 30, 2013 LASKER, DOMINIQUE DONT AE Federal Register: 22867-298 The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

(Drequest the Court to appoint Counsel. (Inmate'S Signature) ( Record Copy - SIJtIl: lAD AdminiSlrIIlor, Copy. J&'C File; Copy. Ccnll1ll File (Sec!. I); Copy. Pro.cculing Official (Mail Ccnificd Rcturn Receipt); Copy. Clcric ofCour1 (Mail Certified Rerum Receipl) , . BP·S238,OSI IAD- CERTIFICATE OF INMATE STATUS CDfRM F.bruory 1994

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS Inmate's Name: Register No.: Institution: LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE

COMPLEX Institution Address: Federal Correctional CompJex, P.O. BOX 5400 Adelanto, CA 92301 The (Custodial Authority) hereby certifies: 1. The tenn of commitment under which the prisoner above named is being held:

121 MONTHS

*676 2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS 3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS 4. The Amount of Good Time Earned: 108 5. The Date of Parole Eligibility of the Prisoner: 6. The decisions of the U.S. Parole Commission relating to the Prisoner: 7. Maximum expiration date under present sentence: 11-29-2020 Detainers currently on file against this inmate from your state are as follows:

Record Copy - S tate lAD Administrator Copy - J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy - Clerk of Court (Mail Certified Return Receipt)

, lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDfRM BP·S239.0SI February 1994 tJ. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30,2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

LASKER, DOMINIQUE DONTAE

*677 22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS

S06 TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. NameITitle Custodial Authority: By: (Chief Executive Officer) Institution & Address: V'~~n

Charles E. Samuels Jr. FCC Victorville - USP Director Correctional Systems Specialist P.O. Box 5400 Bureau of Prisons Adelanto, CA 92301 Linda T. McGrew Complex Warden

CRIMINAL DOCKET - hi INC •• DALLAS FORM CLD - , DATE OF FILING

Number of STYLE OF CASE ATTORNEYS OFFENSE Month Day Case Year r- THE STATE OF TEXAS .;<7 / / 11-0/-/37175 / 6~~.);A~L/'~ State ~ALb/f/ vs. \ .Y ; : "'"lUll. ~~~r Indictment "C' I~A--Id'/-If)~ ~ Y/.l. A~/A ) '- ;f IV ) Fee Book o. coyo Defendant f I Date of Orders Minute Book ORDERS OF COURT Was WITNESSES Month Day Year Vol. Page ~,~~~ographer ~'. LVl'Lu1 I:> Drfscn+ - {'lTUn~ OJa)D10kd 4hrulAah 10 4 \::<; *678 u lQ&\ '; 0 neeD P~Lb \ "Ie CtknM~ '-fay ea.o'l ttUJ &l SL5 , . ~ q q \~ t> Or('$el'\J- wI ('.£UV\s.eR mI"'. B1ClU~ ,\"\ e..ol,.LV~rf) -Skt-k- tS'«\ \}J ( leM. 0 \ Clrv).Rart'd +Y\I(1)\"I£\h mI'. J'Y\Cl.+V1:s . Slates man'on -for u>(\+\nL-LClr c.e... .....J Wlls iuClm -\1x;<'..>\-\A.e.r 11J~n t>efenda.rd-'~ mDnon tu 1JiSffiiss. J ctLkr YuCt~ 1 flO. (}.,.ru.. 1.l/'Y'Uo[\t of- 1'..IJL,t.,(\~ \

IA.\'\.cl Oon '&1 cUhVto.. ?tt)'Y\.L, <..I .J ~ +\v fA>LU+ fuL.t.ncl 0, oed ra..use -\-n an:trt.+ ~ 'bitt+13 \'h.ot< ^[0] f'"I +-nr J • ..J ('£)(\-\iv'\...l..QYLU> Q.r\~ ba.i,~ of ~de l1l Of ~ \l\,\.er6.:}ak.De+eiI~t::: I\c.--t-. Ud-e.YI.'<£. c.o\.A..y\~ ~\\ flA.Y-YkY hrie,f hb I/"'Oh"on hl D;Sl'YIi'S6 c"-hI+e< fnb'!l'On fur In COIhO('M.YlUj wctm \AX,lS ~a.rd (tM Cou(1-Ivavrl j U'l~ uJ'V\.Q..V\..--ts fo-.r fl..vu:\ Qo 0., \'\<:1- +k...-'SQj~ ~ Mo+' 0'1 d 'l...f.ex r-t' d J

'-oJ D(I,tlct\~a" ~\'" IrIV-lStiaa:flc>n blA ~ d.Lk.n~ sJ-andaYd oisc.ov..eyu

I . . J

0h:Ux lW-S t;~'I\1.cf Cl\I\ D OoOLtg QYOV)'c:ted 11> 4-ke *-k c1vId dtkn.'3C, ..J , J , J - -oJ I 1\10 fu.Vfuy YY\O..t1eY"> eV"QCituar-d +tv \vcln' ~ was actl o\,{X ~, t>pn?Se-ni wi l'Jw.hSti? £@nK. Blau~ aVLOt W1lh'am ~. CiLv-+w 1\ tSt<'. S\A.ti let mllur \3 1\ L\- wu.m-rmrn - St6\.k'~ Clppe.Q;rw\ +h Y'O UC\ In fY\r. (I tnn yy\CL*h is

U

'--'

STATE OF TEXAS

VS. NO. \\~Q \- \-::"OS OD(Y\,n'\C\\J-t \)O(\~ LLlS\LQ/

I

'1 Date of Orders Minute Book

ORDERS OF COURT

PROCESS Month Day Year Vol. Page (0JJ k%) Q\'LC\ mI. ~d [clLOQrctS - Di scusS I OYJ w ctS kv:l on 6d'\..ld~\ I n.o," /:sl [h lCit:L m c-Ccu \\ L\' \3 ?y , -0 --u u V c.s'e: R. ().J) LU.;v t, oreUn!r v J/ tmtrlKP hw1~ B)a.uK Lli.nd WIllIam r. M.itty in rJ5UvtyDvrYl \4 .~ \ \ u 6\1;{ ~ (U)Of Cl r e cI +h YlJlAC,y, If) f. t 11uY\ rYV:t::rh\", 0J\ct rn y. fred vJi!A.:axz;i ~~ a -f-+e r LlY {x\\ Yi'\.t-ttf ¥l1VlOlt/S v 5t!oltLlCthOYlS of Md werp reuI'V.ed )n tl\.Q (~C()Yid; . src(.\-e s e f h \ b ~ ,-.th Y\Sl,{~ h tf WIf. Qri miwd I1nd affer &~r d.'lsws~ jOn ) ~K\s ~ c; War; aclmit~~1 I 1"hJ Cffi).(1- :ttl)~ Ce.kndClf\t'S mOh·on h> DiSYI15s \AX\ rU,y -vk rGr:,lt; ffi \ \ ?fDA lmcUY ClClvise,~yJ- Dt-Knses mDnon h GuY) 0 Y(~.s l}.Jets r:iLk y ( to ft5y a \ ct,-lex hJ..Ct,y) nCh.- rUY( W+ orttri ail cuvi m (;.Q riflte5 (JYe CDnhnwd ocv0", (\Q. -tuV-\-he.r OrW,~ of +N C\W.(+. f-I eLm

htCtl ~ 0 U : *679 ( THE STATE OF TEXAS )( COUNTY OF WALLER )( L PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller

FILED IN

County, Texas, do hereby certifY that the record on Petitionfor Writ of Mandamus to the 1st COURT OF APPEALS Court of Appeals for the First Supreme Judicial District of Texas, Houston, Texas, in HOUSTON, TEXAS Cause 01-14-00630-CR (Count 3)and Waller County Cause No. 11-01-13705, styled IN

10/9/2014 8:57:13 AM

RE: DOMINIQUE DONTAE LASKER, to which this certification is attached and made a

CHRISTOPHER A. PRINE

Clerk part, comprise a true and correct transcript of all the matters and proceedings had and done in said cause,

GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this 10th day of September, 2014. Pat

J.

Spadachene PATRICIA JAMES SPADA CHENE DISTRICT CLERK WALLER COUNTY, TEXAS

liz RUJdp

By:

Liz Pir§ Deputy *680 Court Reporter: Robyn Wiley 836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals F or the State of Texas 301 Fannin Street Houston, Texas 77002 The 9 th day of October, 2014 PATRICIA J. SPADACHENE DISTRICT CLERK OF WALLER COUNTY, TEXAS BY: __ ~~~"'rR_~_'_--,-- __ , Deputy Appellate Court Cause No. 01-14-00630-CR Filed in the First Court of Appeals at Houston, Texas This the day 2014. By ____________________________ ~,Depury *681 FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR Trial Court Cause No. 11-01-13703 INRE IN THE COURT OF APPEALS § § § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONT AE LASKER PETITION FOR WRIT OF MANDAMUS SUPPLEMENTAL CLERK'S RECORD, VOL. 1 OF 1 INDEX VOLUME 1 Caption 2 Stipulation of Evidence Filed 1010612014 Court's Docket Sheet 4 6 Certification

SUPPLEMENTAL CLERK'S RECORD

*682 (Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. Ol-14-00630-CR Trial Court Cause No 11-01-13703

In the 506th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONTAE LASKER Attorneys for Relator Frank Blazek

1414 11 th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State of Texas *683 Attorney for State of Texasl Real Party In Interest Elton Mathis

Waller County District Attorney 645 lih Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr.

THE STATE OF TEXAS COUNTY OF WALLER

In the 506 1h Judicial District Court of Waller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit:

1 st COURT OF APPEAL NO. 01-14-00630-CR

TRIAL

COURT CAUSE NO. 11-01-13703

SUPPLEMENT AL CLERK'S RECORD

VOLUME lOF 1 § IN THE COURT OF APPEALS INRE § § FIRST DISTRICT § HOUSTON, TEXAS

DOMINIQUE DONT AE LASKER § *684 CAUSE NO. 11-01-13703 CAUSE NO. 11·01·13704 CAUSE NO. 11-01·13705

THE STATE OF TEXAS § § VS. § WALLER COUNTY, T E X AS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

STIPULATION OF EVIDENCE

Now come the State of Texas and the Defendant, by and through their undersigned attorneys, and stipulate that tHe undated State's Response to the Defendant's Motion to Dismiss, filed marked September 4,2014, was before the trial court and considered by the trial court on February 11,2014. [Clerk's Record pg. 169 in 1 st Court of Appeals No. 01-14-00630- CR (Count 1)]

DATED September 30,2014. sa~ ELTON R. MATHIS ----- CRIMINAL DISTRICT ATTORNEY WALLER COUNTY, TEXAS State Bar No. 24014568 645 12th Street Hempstead, Texas 77445 Tel. No. (979) 826-7718 Fax No. (979) 826-7722

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. *685 1414 llth Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

1 By __ ~~~ __ -+~+--------- Frank Blazek State Bar No. 02475500

PAGE I STIPULATION OF EVIDENCE C:\Ncl SllArc\FB\CRtM _ «·o\l~ukcr,DD.Fi I (l15\M;ulIl~mu~\Slirulltlk)l1 of Evirlc:ru:c,\\-pti

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

*686 PAGE 2 STIPULATION OF EVIDENCE C:\NcISlurc\FB\C1UM _ K.O\Lasker ,OO.A I 07.5\MAruiammiSl ipuiallon o( Evirlellcc.\'tpO

3 No. //-()/-/37tJ3 CRIMINAL DOCKET S INC., DALLAS FORM CLD DATE OF FILINu Number of STYLE OF CASE ATTORNEYS OFFENSE Case Month Day Year THE STATE OF TEXAS d/h md~~ //-tJ/-/3J't/3 State I ( ' ~./J/ /!d/ / 017 // vs. ( t7J?U~ jJj}J( /d ( & ./-I-P./~,1)f?;it:' )K7:4~ 1/ f/ Fee Book vo. ago ;y I Defendant Date of Orders Minute Book f------,----,-------ll Was ORDERS OF COURT WITNESSES Vol. Page Month Day Year ~J~~~Ographer

STATE OF TEXAS

*687 VS. NO. 11,01-13103 . Cbm((\iC\ w fJ!}~ UtSU(

I

Minute BooIc

ORDERS OF COURT

PROCESS Vol. Page ~ \ \ ( *688 THE STATE OF TEXAS )( COUNTY OF WALLER )( 1, PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller

FILED IN

County, Texas, do hereby certify thal the supplemental record on Petition for Writ of 1st COURT OF APPEALS lvfandamus to the Court of Appeals for the First Supreme Judicial District of Texas,

HOUSTON, TEXAS

Houston, Texas, in Cause 01-14-00630-CR and Waller County Cause No. 11-01-13703,

10/9/2014 8:59:19 AM

styled IN RE: DOMINIQUE DONTAE LASKER, to which this certification is attached

CHRISTOPHER A. PRINE

and made a part, comprise a true and correct transcript of all the matters and Clerk proceedings had and done in said cause, GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this 9th day of October, 2014. PatJ.Spadachene PATRICIA JAMES SPADA CHENE DISTRICT CLERK WALLER COUNTY, TEXAS By.__ L;{'~~_

Liz Pi k ,Deputy *689 SUPPLEMENTAL CLERK'S RECORD (Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. 0 1-14-00631-CR Trial Court Cause No 11-01-13704

In the 506th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONT AE LASKER Frank Blazek Attorneys for Relator

1414 11th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State ofTexas Attorney for State of Texas/ Real Party In Interest Elton Mathis

Waller County District Attorney 645 1th Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr. *690 Court Reporter: Robyn Wiley

836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals For the State of Texas 301 Fannin Street Houston, Texas 77002 The 9th day of October, 2014 PATRICIA J. SPADACHENE DISTRICT CLERK OF WALLER COUNTY, TEXAS Lc?l~ , Deputy By: Appellate Court Cause No. 0 1-14-00631-CR Filed in the First Court of Appeals at Houston, Texas This the day of , 2014. By ________________________________ ,, Depury FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00631-CR *691 Trial Court Cause No. 11-01-13704 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § HOUSTON, TEXAS §

DOMINIQUE DONT AE LASKER PETITION FOR WRIT OF MANDAMUS SUPPLEMENTAL CLERK'S RECORD, VOL. 1 OF 1 INDEX VOLUME Caption 1 2 Stipulation of Evidence Filed 1010612014 Court's Docket Sheet 4 Certification 6 *692 THE STATE OF TEXAS COUNTY OF WALLER

In the 506th Judicial District Court ofWaller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit:

1 ^[51] COURT OF APPEAL NO. 01-14-00631-CR TRIAL COURT CAUSE NO. 11-01-13704 SUPPLEMENTAL CLERK'S RECORD

VOLUME IOF I INRE § IN THE COURT OF APPEALS § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONTAE LASKER § \ *693 CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705

THE STATE OF TEXAS § § vs. § WALLER COUNTY, T EX A S §

DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

STIPULATION OF EVIDENCE

Now come the State of Texas and the Defendant, by and through their undersigned attorneys, and stipulate that tlie undated State's Response to the Defendant's Motion to Dismiss, filed marked September 4, 2014, was before the trial court and considered by the trial court on February ll, 2014. [Clerk's Record pg. 169 in 1st Court of Appeals No. 01-14-00630- CR (Count l)]

DATED September 30, 2014. &:i~ ELTON R. MATHIS ----- CRIMINAL DISTRICT ATTORNEY WALLER COUNTY, TEXAS State Bar No. 24014568 645 12th Street Hempstead, Texas 77445 Tel. No. (979) 826-7718 Fax No. (979) 826-7722

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

310~

I

By

Frank Blaz~ State Bar No. 024 7 5500

PAGE I STIPULATION OF EVIDENCE C;\NctSh.,re\FB\CR1M_K-O\l.;~$iker.OD.~ 107.5\~b:mlamwi\Stipulation. of Evid(:nct,,..,d

*694 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

PAGE2 STIPULATION OF EVIDENCE C:\NctSharc\.FB\Citl M _ t(.()\Uuker ,DO.A I 075\rvl;u\d~~:mm\Stlpu!O'IIion of Evldcncc,,''Pd

3 No.//-(.2/- /...3ZcJ~ CRIMINAL DOCKET /

S

INC .. DALLAS FORM CLD DATE OF FILING Number of *695 STYLE OF CASE ATTORNE;YS OFFENSE I Month Day Year Case THE STATE OF TEXAS -~ / // / VS. \ ·~!Illl1lnll..l!l~•x or J Indictment) J

I) 1 - - - - - - - - ; . Fee Book y I Defendant Date of Orden

ORDERS OF COURT

1-------r--r--i Was WITNESSES Vol. ; Page Month Day Year ~~~ographer . J ,J 1 - - -+ -+ - - i v

STATE OF TEXAS

vs. No.//" 0 I- ;3 ?o Y Ch /'1 I Jl) ^[1] t I< C:. }).,.; f-4.e_ j_-4.5 t~ r v ~ -- Date of Orders Minute Book

ORDERS OF COURT

PROCESS Month Da.y Year Page Vol. 1~ n 0 r(' SUI+- ~oL 0_/)LLn ~ mLO r::: B la uk Q.r\d \,\.) -, II I arn !=". tav+o-- ,· n .\ \ ti

_{'.sf(·.5~1CL~

u to Lc<-l- rv-om - S-h:t J-e O.P pe_a.,re.al +VI n) IAC,Jn my-. f l ro n M_?L4.-h I 'S CUv;J - v lt1 me <fli a '('(\ r- fu d cct ll.,-QX-d s - b\ st-U_ s 5 ) Q n r ,GCtS ~ Q_h 0~d u) .l A..S,. (::,I Lkui 0 ~s-(2.: R- w ~ ~ \L\; ~ {)YL SL n+ vvJ rMn w YYZLn v f) I auK ctY\d M) l i c:r I'YI r. ~Clv+c?! in u ~ l \ u r rufhUDm - s1t\-k (U)l'e_QYLd +V1 YD'"'vl.A h m r. E 1-t'DYl mCL+-V! i ~ {)._Nj YY\t. fYeo\ M LOflvzts ~- A-0-cx O.Y'§\..LYY~Y\,t vri v1 DIAS ~OL-LlCLh<SY15 at fucJ- wtrt Y'e_u_i v R d i,)\ +t~ y- Hnvd ' ~.\-fs tx: h 1 ~is I thV&YtqYI '-\ ~Uert adml+kd . J I . Clnc\ ~Je's .:!15 \illS adml +--kd 1YV Cbllit

rl Pkv &v t+\Q,y r.l.i~w s~ 1 on *696 took De.kY'dGtn+s IY'Dt-\0'0 ro ri\s~\ss \1h~Y ~hy ~ I A-DA UA1CUY 116 Vl'seD~.tl'\1 D~t=rn~.s m61lm m Aunnrrss \A'fr)QQ-kru~cl frw-a I a.-+t:r N_CixlY'Qr. ~uxren-r ~m~ Clv\d -fila.o daks are Wn-hnwd ~Y0.·,~ fu v1r~r Q,Y11lx; Q~ ~ c.ou)'"-1' /bl PrrY\r'c tiJA u (), \'(1()\-,.QY)S 1'\.o_Oxi~\-pS b-u-n ~cc~clL.ci._.~ foe Jo-lo-1'-\ • 11--e (Q\L(i )L\ \0 I, WOS YIOhD tri b\;jj- ~ riJk YY:/. -J--V\tlt- (lo rD-ntuJre___d b11 S}tt-J.G- mc5n()Y)s t1re ()pXcU V\Q..; Me\ ~~ N_cu~~ ,·s i\LSr Y\ Q2rL r1. ml>h0n'3.- ae--t

.

,fur 10- ~o--14 ~re Yl_Q_/tbiA rnvt-h(l Lud ttlJ &m(e cla_fc'.. fj fxud__Q£ ma~- l).{) u a

C1 10 llf mY'?~ t<ltoY d fuy \;\JY\--1- or rYUJncta,mus r--hlod (J 1Lt ~D ole. 11\J}\)tz2 fuv ~\ DW!lf e -flll ct · [0 C)

( THESTATEOFTEXAS )( COUNTY OF WALLER )( I, PATRICIA JAMES SPADACHENE. Clerk of the District Courts of Waller

FILED IN

County. Texas. do hereby certify that the supplemental record on Petition for Writ of 1st COURT OF APPEALS Mandamus to the Court of Appeals for the First Supreme Judicial District ofTexas,

HOUSTON, TEXAS

Houston, Texas. in Cause 01-14-00631-CR and Waller County Cause No. 11-01-13704.

10/9/2014 9:01:10 AM

styled IN RE: DOMINIQUE DONTAE LASKER, to which this certification is attached

CHRISTOPHER A. PRINE

and made a part. comprise a true and correct transcript of all the matters and Clerk proceedings had and done in said cause. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead. Texas, this 9th day of October, 2014. PatJ.Spadachene PATRICIA JAMES SPADACHENE DISTRICT CLERK WALLER COUNTY. TEXAS

LL e~

By:

*697 Liz PlY~ Deputy

SUPPLEMENTAL CLERK'S RECORD

(Petition for Writ of Mandamus) First Court of Appeals Court of Appeals No. 01-14-00632-CR Trial Court Cause No 11-01-13705

In the 506th District Court Of Waller County, Texas

Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas DOMINIQUE DONT AE LASKER Relator Attorneys for Relator Frank Blazek

1414 11th Street Huntsville, Texas 77340 *698 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800

Real Party In Interest The State of Texas Attorney for State of Texas/ Real Party In Interest Elton Mathis

Waller County District Attorney 645 1 t h Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568

Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr. Court Reporter: Robyn Wiley

836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921

Delivered to the First Court of Appeals For the State of Texas 301 Fannin Street Houston, Texas 77002 The 9 th day of October, 2014 PATRICIA J. SPADACHENE DISTRICT CLERK OF WALLER COUNTY, TEXAS ' .::-'~=-=. By: _ _ LL=::::::.. ..... ---=---L-___ , Deputy ~ Appellate Court Cause No. 01-14-00632-CR Filed in the First Court of Appeals at Houston, Texas This the day 2014. ____________________ ~,Depury By ..... *699 FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00632-CR Trial Court Cause No. 11-01-13705 INRE IN THE COURT OF APPEALS § § § FIRST DISTRICT § § HOUSTON, TEXAS

DOMINIQUE DONT AE LASKER PETITION FOR WRIT OF MANDAMUS SUPPLEMENTAL CLERK'S RECORD, VOL. 1 OF 1 INDEX VOLUME Caption I Stipulation of Evidence Filed 10/0612014 2 Court's Docket Sheet 4 *700 Certification 6 THE STATE OF TEXAS COUNTY OF WALLER

In the 506 th Judicial District Court oJWaller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the Jollowing proceedings were held and the Jollowing instruments and other papers were filed in this cause, to wit:

1 st COURT OF APPEAL NO. Ol-14-00632-CR TRIAL COURT CAUSE NO.1 1-01-13705 SUPPLEMENTAL CLERK'S RECORD

VOLUME IOF I *701 INRE IN THE COURT OF APPEALS § § § FIRST DISTRICT § HOUSTON, TEXAS

DOMINIQUE DONT AE LASKER § , CAUSE NO. 11-01-13703 A /7-

CAUSE NO. 11-01-13704

/. / ' 0 / \ CAUSE NO. 11-01-13705 ;;. V..,9

COU~OF

THE STATE OF TEXAS § IN THE DISTRICT § VS. § WALLER COUNTY, T E X AS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT

STIPULATION OF EVIDENCE

Now come the State of Texas and the Defendant, by and through their undersigned attorneys, and stipulate that the undated State's Response to the Defendant's Motion to Dismiss, filed marked September 4,2014, was before the trial court and considered by the trial court on February 11,2014. [Clerk's Record pg. 169 in 1st Court of Appeals No. 01-14-00630- CR (Count 1)]

DATED September 30,2014. 2i3~ ELTON R. MATHIS ---- *702 CRIMINAL DISTRICT ATTORNEY WALLER COUNTY, TEXAS State Bar No. 24014568 645 12th Street Hempstead, Texas 77445 Tel. No. (979) 826-7718 Fax No. (979) 826-7722

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier]

1. BY~ __ ~~ __ -H~r- ______ _ Frank Blazek State Bar No. 02475500

PAGE 1 STIPULATION OF EVIDENCE C:\Nl."tSh:trc\F8\CRfM_ K.o..Lukrl.OO.81015\M"'Il1:tnl\l~\Stif)nlallon of EvirlC'tlCC.wpd

William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan. Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT

*703 PAGE 2 STIPULATION OF EVIDENCE C:\NdSharc\F5\CIUM _ K·O\Lukcr ,DD.8IQ7.5Vv1l1ndltmm\SI ipul:uion of Evktcllcc.wpd

CRIMINAL DOCKET

, ' -.

UA

~ILINl.i Number of STYLE OF CASE ATTORNE;YS OFFENSE Month Day Year Case . ;t-; /J 1/-0/-/37175 THE STATE OF / State '72.~ Ad./A . . / ~~ ,!s. ~on.~~' 'c Indictmont l1t-»u4'//7 ~)

/A)

;J Fee Book 0, Defendant f I Date of Orden Minute Book ORDERS OF COURT Wa. WITNESSES Month Day Stenog, aphe, Yea, Vol. PaS" 10 4 l~ D oreS{ n+ - (\rru nSre.Q ~\, LVI'lLL1 i'\kd 4h rtl1ah u lQ~:; 0 YtCLO PKb\ 'Ie brkncUr w CiW, trtP cid &C5 q q \~ ~ v J, t> 01('(' sert!·- W ('.DU.V1 ~ fY\ r', B let. 1..>1 ~ :. Yl e..o t-lv-tn.:;om - Stet -k. 0 \ o...~a.h."d +'n~n mI'. 1Y\D...+V\;s . .'Sktks rnoh'on -for ('A)(\+\nlA.Q~ c...e.. i ......,

I wa", tutlrc:t 11.~ek~\"" lui+h l>t'kncLa..Yl:I .. '~ t'YlDtion 1V p;sm.'/SS. J Ctfte.J- h..ttt~1 flo.. t::ln..LlYY1.Ll'\.t I;)t- 1'J:)L,l!"\.5e\ 0J.\.cl ttof1~lc,lQ.Y"'I(JP,,-stlyY\.o(.... u ..J ~ fu PNUrf fu'-"lf1d Cl, oed fOvuse +-n tlrztf\..+ ~ 't;rltt-\-h '('Y\.ot\l::'> 1'\ +-n r '" -.I t'c{)i\.b~LQVl(.R Qr'\ ~ ba.i\~ Of I\Ytide 'W Of ~ \ I\k-rs-le.-k 'DecffiJ ~~ • ~" '\:l!.kn'iL ('£;loLYI.;.G-\ \.U)\,\ fIA.~ hritf hi5 fy\.ot{On tz:, D;sty\It.S t: \1'\1)11"011 fur In COrnop+r.ml1 waxY\ \AtlS l\Qilrd llM Cou(f MCLYd J tiVt'-.\.A..\'VUl...r-:ts &.r !l.v\.C\, tlOct\v\<:'-t- -\-k.. c,cU\,y-~ ~ /vl.of,or; ct~.fe.xr-e'd v . f 1 . . . J /

*704 1()I1.no. INl. ~t" Invistial1.tlon DIA ...j.N. c/ .. Lf'cn~ Sltl ndtird DisUJV..e.yu I' J J _ ..J J I Dhi.o.x UJLtS Gla'N.a tL\ t1 OoOltg OYOVI'wd 10 -tf.u slct.k t:1f4 dttcn.~" I "

..J • II ~I() n.UQ1'-R,Y y¥\(L~ ~J"na iuttrcf 4iv h-w.,r-iM LodS (i(J..0\,(,r'ru.ti... ~hSLQ rYaYW .. rnau~ fl\tQt Wi II lam ~. CtLY.Jvy ts~: SV\.ti let m~ 1\

f"\

0 laWliYD1Jrf\ - S~.\(.. a.ppe..Q;\"'td +Y!rO\1.qn me tl tDn fY\;&\'-v\lS

I

II ""'"

STATE OF TEXAS

VS. NO. 1\-0 \- ()I05" Oo(Yi,n\G\w \)O(\~ VlS\c..~/ i - I Date of Orders Minute Book . PROCESS "

ORDERS OF COURT

Month Day Year Page Vol. , \ L\' (0JJ fl,-\--' ) \3 Q\'\£~ Mr. fy--(d £aLOQms - DiscusSion was N-vj Orl6Gh.tdL~Jm.C\. /~J Dnl~mt.Ccu. ~ v c.se: R. L.u~ Le-L;y t. ore~nr WI ~5))Jl£cJ faLn~ B)aUK illnd t"u)))\QXY1 f. MmP in r)5U~tfD1)()'1 \4 '~ \ \

I-

u Strtk {)J)oe(lr eel +hytJ'vUXYl me t I1Ut-'\ ll'Vlth\c, ll.Y\Li my. fuiJ fAuutrO $- af4er a r fA',,\ Y'YUA'1f \{11y)o~ls v stlOl1lCthOY\S nf lLlc1 llJtfP reul'vRd 1n +I\.Q reww; .. SM-\-e ~ oJ, \ b 1s '~h Y\SVt~ 'rI Lf ~~re act mi+k d ilnd OJk'( {\AX::t·h .. U O'j S UA S~ JDn , S\v\k's ~ s wa~ Mmit~~/! \)I.t cnun- -\-tl)1S CtkncLcu'\-\-s lY\cm'on h> D'\9II\5S \AX, u\ty +'k R-.CUXR \ \ '()(OA unClLy Mvise.\')'\..t~, 1X-k.nse~ monon h f,u'Ooy(~!;. \;\)(is ckJexa.d {6y a \ Cl-kx hJ-Ct,y) nCr r)LY( -e.,n+ on:tn a..Q a.tvi m OJ. ritl-te5 (lye CDY\hnwd (X,Y\0l' I ~ -hV-th.Q.( orz;UYS of +N ~(+. f-j Llm / ltCtL ~ ,0 \ U \~ f\ m Dh il'(,{. \,\LCLx\YIc~ has ~.n 6cfu d Gcl; d.fur 10-10 -ILt.lYv to-u.v 1- WO.S n{)nnE'd b~+N d:)({XY?fl. LDYlwxy-e.d OU1 S~+e -that nDmDhDn5 axe- ocnd I n~ rtnr;\ +M NCA-nne? 'IS YlM n.u6ud f mcAtDns se..+ for f:J. wo.qp !1\1.-c.iuzJ I 0-10 -I L\ fire h.r rt-b,\ r brrtinC&d tu a M1l\'t d GAr, ; \4 wx~s R.lWYd ~y. V\J Y\ t oJ rY\an clan1.;{)S e. ·--t-dl L1 10 \4 '3U1)Dk~yd-tlD UtVl{s (U.U)(l/ e-f\\zol \D C1 ij , ( *705 THE STATE OF TEXAS )( COUNTY OF WALLER )( 1, PATRICIA JAMES SPADA CHENE, Clerk of the District Courts of Waller

FILED IN

County, Texas, do hereby certify that the supplemental record on Petition for Writ of 1st COURT OF APPEALS Mandamus to the Court of Appeals for the First Supreme Judicial District of Texas,

HOUSTON, TEXAS

Houston, Texas, in Cause OI-14-00632-CR and Waller County Cause No. 11-01-13705,

9/9/2014 1:27:49 PM

styled IN RE: DOMINIQUE DONTAE LASKER, to which this certification is attached

CHRISTOPHER A. PRINE

and made a part, comprise a true and correct transcript of all the matters and Clerk proceedings had and done in said cause,

GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Hempstead, Texas, this 9th day of October, 2014. PatJ.Spadachene PATRICIA JAMES SPADA CHENE DISTRICT CLERK WALLER COUNTY, TEXAS By: ---------------------

Liz Pirkle, Deputy *706 1 REPORTER'S RECORD VOLUME 1 OF 6 COURT OF APPEAL CAUSE NO. 01-14-00631-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR

TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704

TRIAL COURT CAUSE NO. 11-01-13705 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) )

VS.

) 506TH JUDICIAL DISTRICT ) ) ) )

DOMINIQUE DONTAE LASKER

) WALLER COUNTY, TEXAS ) ________________________________) --------------------------------------------------

MASTER INDEX

-------------------------------------------------- On the 4th day of June, 2013; 9th day of September, 2013; 4th day of November, 2013; and the 11th day of February, 2014, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Albert M. McCaig, Jr., Judge presiding, held in Hempstead, Waller County, Texas:

Proceedings reported by Machine Shorthand. Robyn S. Wiley, CSR *707 2 APPEARANCES: ATTORNEY FOR THE STATE OF TEXAS: MR. Elton R. Mathis, Jr. Criminal District Attorney

SBOT#: 24014568

MR. Frederick Edwards

SBOT#: 06435100

645 12th Street Hempstead, Texas 77445 Phone: 979.826.7718

ATTORNEY FOR THE DEFENDANT: MR. FRANK BLAZEK SBOT#: 02475500 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 Phone: 936.295.2624 -and-

MR. WILLIAM F. CARTER

Attorney at Law

SBOT#: 03932800

108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Phone: 979.779.0712

*708 3

I N D E X

Volume 1 of 6 Master Index

* * *

I N D E X

Volume 2 of 6 Hearing on Appointment of Counsel June 4, 2013 PAGE VOL. Appearances......................................... 2 2 Court calls case.................................... 4 2 Court discusses w/defendant appointment of attorney. 4 2 Discussion regarding motions filed.................. 5 2 Proceedings concluded............................... 8 2 Reporter's certificate.............................. 9 2

*709 4 * * *

I N D E X

Volume 3 of 6

HEARING ON MOTIONS

September 9, 2013 PAGE VOL. Appearances........................................ 2 3 Court calls case................................... 4 3 Argument on Motion for Continuance by Mr. Mathis... 5 3 Argument on Motion by Mr. Blazek................... 18 3 Court's Ruling .................................... 30 3 Discussion regarding scheduling, competency exam

and disclosure................................ 31 3 Proceedings concluded.............................. 36 3 Court reporter's certificate....................... 37 3

* * *

I N D E X

Volume 4 of 6 Motions November 4th, 2013 PAGE VOL. Appearances...................................... 2 4 Proceedings...................................... 4 4 Proceedings concluded.............................24 4 Reporter's certificate............................25 4

*710 5 * * *

I N D E X

Volume 5 of 6

HEARING ON MOTIONS

February 11, 2014 PAGE VOL. Appearances........................................ 2 5 Court calls case................................... 4 5 Stipulations made by Mr. Edwards................... 5 5 Court confirms factual stipulations with counsel... 14 5 Off the record discussion.......................... 32 5 Proceedings concluded.............................. 36 5 Reporter's certificate..............................37 5

E X H I B I T S

Number Description Offered Admitted VOL. State's 1 Documents 23 23 5 2 Documents 23 23 5 3 Letter and Forms 23 23 5 4 Letter and Forms 23 23 5 5 Judgment 34 34/36 5

*711 6 * * * VOLUME 6 OF 6 E X H I B I T S Number Description Offered Admitted Vol. State's 1 Documents 23 23 5 2 Documents 23 23 5 3 Letter and Forms 23 23 5 4 Letter and Forms 23 23 5 5 Judgment 34 34/36 5

*712 7 THE STATE OF TEXAS COUNTY OF WALLER

I, Robyn S. Wiley, Court Reporter in and for the State

FILED IN

of Texas, do hereby certify that the above and foregoing 1st COURT OF APPEALS

HOUSTON, TEXAS

contains a true and correct transcription of all portions of 9/9/2014 1:27:49 PM

CHRISTOPHER A. PRINE

evidence and other proceedings requested by counsel of the Clerk parties to be included in this volume of the Reporter's record, in the above-styled and numbered cause, all of which occurred in open court and were reported by me.

I further certify that the total cost for the preparation of this Reporter's Record is $774.75 and will be paid by County of Waller.

WITNESS MY OFFICIAL HAND this the 8th day of September, 2014. /s/ Robyn S. Wiley _______________________________ ROBYN S. WILEY, CSR NO. 4629 EXPIRATION DATE: 12-31-15 OFFICIAL REPORTER FOR WALLER & GRIMES COUNTIES 836 AUSTIN, SUITE 307 HEMPSTEAD, TEXAS 77445 TELEPHONE: (979) 921-0921

*713 1 REPORTER'S RECORD VOLUME 2 OF 6 COURT OF APPEAL NO. 01-14-00630-CR COURT OF APPEAL NO. 01-14-00631-CR

COURT OF APPEAL NO. 01-14-00632-CR TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704

TRIAL COURT CAUSE NO. 11-01-13705 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) )

VS.

) 506TH JUDICIAL DISTRICT ) ) ) )

DOMINIQUE DONTAE LASKER

) WALLER COUNTY, TEXAS ) ________________________________) --------------------------------------------------

HEARING ON APPOINTMENT OF COUNSEL

-------------------------------------------------- On the 4th day of June, 2013, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Albert M. McCaig, Jr., Judge presiding, held in Hempstead, Waller County, Texas:

Proceedings reported by Machine Shorthand. Robyn S. Wiley, CSR *714 2 APPEARANCES: ATTORNEY FOR THE STATE OF TEXAS: MR. FREDERICK A. EDWARDS, III Assistant Criminal District Attorney

SBOT#: 06435100

645 12th Street Hempstead, Texas 77445 Phone: 979.826.7718

*715 3

I N D E X

Volume 2 of 6 Hearing on Appointment of Counsel June 4, 2013 PAGE Appearances......................................... 2 Court calls case.................................... 4 Court discusses w/defendant appointment of attorney. 4 Discussion regarding motions filed.................. 5 Proceedings concluded............................... 8 Reporter's certificate.............................. 9

*716 4

P R O C E E D I N G S

(Open court, Defendant present) THE COURT: Court will come to order. This is

13703, 13704, 13705; State of Texas v. Dominique Dontae Lasker.

Come right up here, Mr. Lasker. Well, Mr. Lasker, we are here today primarily to just get some preliminary matters done. I want to confirm you are, in fact, Dominique -- is it Dontae -- Lasker?

THE DEFENDANT: Yes, sir. Yes, sir. THE COURT: Mr. Lasker, you are charged with

capital murder in these cases. And what we are here to do today is primarily make sure that you have representation. Do you have an attorney, sir?

THE DEFENDANT: No, sir. THE COURT: Do you have the ability to hire an

attorney? THE DEFENDANT: No, sir. THE COURT: All right. What we have -- now

you have been in custody for some time; is that correct? THE DEFENDANT: (Nods head up and down). THE COURT: I have to have a yes or no. It is

on the record. THE DEFENDANT: Yes, sir. Yes, sir. THE COURT: In making the assignment of an

*717 5 attorney, Waller County uses what is called the Regional Capital Defender's Project. You will be assigned a two-person capital defense team. And that will consist of Mr. Ronnie Wooten and Ms. Mary Conn. They will be contacting you within the next two or three days. And once we get that done, we will be able to get your case started and moving forward; start taking care of the situation.

Mr. Edwards, for the State do you have anything to offer at this time? MR. EDWARDS: Not at this time, Your Honor. THE COURT: All right, sir. Mr. Lasker, we

are not going to do the formal arraignment because you are not represented by an attorney and you need to be represented by an attorney in order to get that done. Do you have any further questions, sir?

THE DEFENDANT: I need a copy of my indictment and a copy of my docket. THE COURT: All right. Mr. Lasker, there are actually three indictments. Mr. Bailiff, if you'd hand this to the defendant. And what was the other matter that you asked for, sir?

THE DEFENDANT: Docket. THE COURT: There actually is no docket

entries that have been made at this time. The only thing we have is literally this piece of paper where your name is on

*718 6 it that shows that you are here in court today. The court reporter is taking down what we are doing today. So that will consist of the only thing we have currently on the docket.

THE DEFENDANT: So what happens to the motions that I sent in? THE COURT: Sir? THE DEFENDANT: I sent in motions. THE COURT: Well, until you are represented by

an attorney, I think it would be in your best interest we not have a hearing on those motions.

THE DEFENDANT: I want to get heard on those motions. THE COURT: Then we will see what we can do about getting it scheduled. We don't have those motions scheduled right now with proper notices and things such as that, but we will get that -- those attorneys to you and they will be contacting you soon.

THE DEFENDANT: So why isn't there an entry for the motions? THE COURT: Sir, I have the file. And I do see that there have been matters that you filed on your own behalf. We are not here to do that today because you are not represented by an attorney. The charges that have been alleged against you are extremely serious. You need to have

*719 7 an attorney. And as soon as you have an attorney then we will start taking care of those motions.

THE DEFENDANT: Still should be entries on those motions. THE COURT: I'm sorry? THE DEFENDANT: Still should be entries on

those motions. THE COURT: I cannot hear you, sir. THE DEFENDANT: There should be entries on

those motions. THE COURT: Sir, I have already told you we are not hearing those motions today. We are going to take care of them whenever you have representation. I can't make it any more clearly than that.

THE DEFENDANT: It is really not clear to me why there is no entries for the motions I sent in. THE COURT: The State of Texas has pretty fairly established rules, procedures, Code of Criminal Procedure, Rules of Evidence, and all of those matters fully in compliance with the rulings of the Supreme Court of the United States.

I assure you will be availed every one of those rights and protections when you have an attorney. And I will be assigning that attorney or those attorneys today. That is what the purpose of today's hearing was, to make sure

*720 8 that you have adequate counsel, guidance and support for the serious matters that you are facing.

Beyond those motions, do you have any further questions? All right, then. That concludes today's matters. Gentlemen, you may return the defendant to custody.

(Proceedings concluded) *721 9 THE STATE OF TEXAS COUNTY OF WALLER

I, Robyn S. Wiley, Court Reporter in and for the State

FILED IN

of Texas, do hereby certify that the above and foregoing 1st COURT OF APPEALS

HOUSTON, TEXAS

contains a true and correct transcription of all portions of 9/9/2014 1:27:49 PM

CHRISTOPHER A. PRINE

I further certify that the total cost for the preparation of this Reporter's Record is $774.75 and was paid by The County of Waller.

WITNESS MY OFFICIAL HAND this the 13th day of June, 2014. /s/ Robyn S. Wiley _______________________________ ROBYN S. WILEY, CSR NO. 4629 EXPIRATION DATE: 12-31-15 OFFICIAL REPORTER FOR WALLER & GRIMES COUNTIES 836 AUSTIN, SUITE 307 HEMPSTEAD, TEXAS 77445 TELEPHONE: (979) 921-0921

*722 1 REPORTER'S RECORD VOLUME 3 OF 6 COURT OF APPEAL NO. 01-14-00630-CR COURT OF APPEAL NO. 01-14-00631-CR COURT OF APPEAL NO. 01-14-00632-CR TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704

TRIAL COURT CAUSE NO. 11-01-13705 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) )

VS.

) 506TH JUDICIAL DISTRICT ) ) ) )

DOMINIQUE DONTAE LASKER

) WALLER COUNTY, TEXAS ) ________________________________) --------------------------------------------------

HEARING ON MOTIONS

-------------------------------------------------- On the 9th day of September, 2013, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Albert M. McCaig, Jr., Judge presiding, held in Hempstead, Waller County, Texas:

Proceedings reported by Machine Shorthand. Robyn S. Wiley, CSR *723 2 APPEARANCES: ATTORNEY FOR THE STATE OF TEXAS: MR. Elton R. Mathis, Jr. Criminal District Attorney

SBOT#: 24014568

645 12th Street Hempstead, Texas 77445 Phone: 979.826.7718

ATTORNEY FOR THE DEFENDANT: MR. FRANK BLAZEK SBOT#: 02475500 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 Phone: 936.295.2624

*724 3

I N D E X

Volume 3 of 6

HEARING ON MOTIONS

September 9, 2013 PAGE Appearances........................................ 2 Court calls case................................... 4 Argument on Motion for Continuance by Mr. Mathis... 5 Argument on Motion by Mr. Blazek................... 18 Court's Ruling .................................... 30 Discussion regarding scheduling, competency exam

and disclosure................................ 31 Proceedings concluded.............................. 36 Court reporter's certificate....................... 37

*725 4

P R O C E E D I N G S

(Open court, Defendant present) THE COURT: Court will come to order. These

are Cause Numbers 13703, 13704 and 13705; State of Texas versus Dominique D. Lasker. And we have for the State of Texas, Mr. Mathis; and for the Defense, Mr. Blazek. I have several matters that I am aware of. I will go through a couple of these and then, Counsel, feel free to add to what we are going to be looking at today.

Looking at the first Motion for Continuance filed by the State; the State's Motion for Discovery of expert witnesses; the State's Motion for Competency Exam -- that is applicable to all three cases.

Then from the Defense I have the Defense's Motion to Exist -- to Dismiss. Exist? I have Motion to Dismiss on each case; Motion for Disclosure of Favorable Evidence. I believe those are the only two in each of the matters from the Defense. Is there anything else we are aware of, Counsel?

MR. MATHIS: That is all I know of, Your Honor. MR. BLAZEK: That is all I am aware of, Your Honor. THE COURT: Let's take up the State's First Motion for Continuance first because I think associated with *726 5 that will be Mr. Blazek's Motions to Dismiss. I believe the arguments would be similar for both.

MR. MATHIS: Your Honor, do you want me to stand, Your Honor? THE COURT: You may sit. Let's deal with it this way. MR. BLAZEK: Thank you, Your Honor. I appreciate that. MR. MATHIS: Appreciate it, Judge. In Case Numbers 13703 and 13704 and 13705, the

State has filed a first Motion for Continuance with Order. Your Honor, I am making the assumption that the Court has read the Motion for Continuance.

THE COURT: I have, sir. MR. MATHIS: I will not go back over the

procedural history, but we would request the Court to take judicial notice of the allegations that are sworn to in the Motion for Continuance.

THE COURT: So noted. MR. MATHIS: The defendant in this case,

Mr. Lasker, was charged by indictment with capital murder in two indictments of murder of the first-degree alleged to have occurred on or about March the 11th, 2010, here in Waller County. These indictments were signed on January the 27th, 2011, after a lengthy investigation.

*727 6 The defendant absconded from the scene, the County, and the State of Texas shortly after the murders. And following the murders the defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16th, 2011, in the federal court system. On information and belief, the defendant has been instated under federal custody in California since the aggravated bank robbery.

The defendant was returned to this jurisdiction on the above-numbered and styled causes on or about May 24th, 2003. And he appeared before this Court for the first time on June the 4th, 2013. This Honorable Court appointed counsel from the Regional Public Defender for capital cases. And the Regional Public Defender refused to accept appointments.

The defendant was reassigned court-appointed counsel of Mr. Blazek on June the 6th, 2013. The defendant waived arraignment, entered a not guilty plea on July 15th, 2013. And the defendant requested and was granted additional counsel on July 18th, 2013.

No discovery of any kind has -- at the time of the filing of this Motion for Continuance, no discovery of any kind has been requested by counsel for the defendant until counsel met together at the D.A.'s office on August 28th of this year. No court date has been requested by

*728 7 counsel or defendant. There has never been a request for trial or pre-trial dates and no trial date has ever been set by the Court.

Prior to the filing of this Motion for Continuance, no motion had been filed by counsel with the exception of a request for additional counsel. To the knowledge of the District Attorney's Office, no request for investigator fees or psychological evaluation has been made by defense counsel and, to the knowledge of the undersigned attorney at the time of the filing of this motion, there was no request to see or inspect the State's file.

Defense counsel has not reviewed any evidence in the possession of the D.A.'s office, not reviewed the State's file. On or about June the 12th, 2013, I spoke with the defense counsel, Mr. Blazek, over the telephone regarding this case. As a result of that discussion, it was my belief he was requesting that I put the case on hold pending time for the defense attorney to assemble a mitigation packet to present to me and in an attempt to get me to refrain from seeking the death penalty in the capital case. My office has been actively preparing this case for trial yet not anticipating a trial date in September, 2013.

The State's trial case requires the presence of several out-of-state witnesses from various law enforcement agencies in California and Virginia. Given the

*729 8 present posture of the case, the State will require more time to coordinate and assure those witnesses' presence. The Defense has not yet designated the expert witnesses it expects to call in their case-in-chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts.

The State has filed a motion for the psychological evaluation of the defendant, which has not been heard or completed. In addition, the first assistant district attorney was scheduled for hip replacement surgery on September 3rd, 2013, which has occurred. The recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled so that the attorney would be able to try the State of Texas versus Taylor McShan.

The First Assistant has been primarily involved in the investigation and prosecution of this cause, and to assign the case to another attorney in the office other than the elected district attorney would be a hardship. Defense counsel Blazek and his Motion for the Appointment of Attorneys, Co-defense counsel, indicates this case is complex and requires more than one attorney. That assertion is true on behalf of the State of Texas, as well.

The State of Texas has introduced a document *730 9 into the Court's file which indicates the State intends to seek the death penalty in this case. It is anticipated that jury selection and trial of this case could take four to six weeks, possibly more. The defendant in this cause faces a death penalty and has been -- only been represented by counsel for approximately 85 days at the filing of this motion. To proceed to trial at this time or in any time in the near future would be reversible and harmful error.

And while acknowledging the existence of Texas Code of Criminal Procedure, Article 51.14, which -- under which this Motion for Continuance is partially based, the undersigned does hereby assert any provisions therein mandating trial by a date certain are impermissibly restrictive or overbroad and violate the Separation of Powers Doctrines of the Texas and/or Federal Constitution.

Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C misdemeanors and capital felonies. The determination of when a case is ready for trial is in the province of the judiciary, not the legislature. Counsel would further show this is the first request for a continuance by the State of Texas. This request is made in the interest of justice, not for the purpose of delay, but so justice may be done. And that continuance is requested for only as long as necessary.

*731 10 Now having said that, Your Honor, this case triggers or involves Code of Criminal Procedure, Article 51.14. And I believe Mr. Blazek and I probably are in disagreement over which section of Code of Criminal Procedure Article 51.14 is applicable to this case.

I have in front of me, which is also relevant to Mr. Blazek's Motion for the Discovery of Exculpatory Evidence, the original notice and demand to District Attorney or prosecutor for trial or disposition of warrants, informations, detainers or indictments by a federal prisoner, which I will be tendering to him for his review and copying today.

And, in addition, accompanying that is the address in which it came, which was from Mr. Dominique Dontae Lasker of the U.S. Penitentiary in Victorville. It was addressed to the District Attorney/Prosecutor's office for Waller County at the old address at which I no longer use for an office at 846 6th Street, Suite 1, Hempstead, Texas 77445.

That being said, on the face of the document it was eventually received at our office on July the 19th, 2012; and the actual document itself is also stamped received July 19th, 2012, Elton R. Mathis, Waller County District Attorney.

THE COURT: Counsel, do you know whether or not that is a copy or the original of the document that is on *732 11 file in the court -- clerk's file? MR. MATHIS: This is an original that was received at my office. THE COURT: Very well, sir. And just so that we will know while we are

talking about this, I have printed out a copy of Article 51.14 from the Lexis Nexis website, which purports to be accurate. Further?

MR. MATHIS: Your Honor, in my speaking with Mr. Blazek, it is my belief that his argument is that his client is here in Texas under Article 3 of -- under Article 3 of Article 51.14, the Interstate Agreement on Detainers. It appears based upon the documents that were sent to my office by Mr. Lasker that he was, indeed, attempting to invoke the powers and the timelines created by Article 3 of Article 51.14, which would require a trial of this cause within 180 days of receipt by the Prosecutor in this case. There are several issues that the State has with that assertion. Those being -- and let me clarify, this goes to Mr. Blazek's Motion to Dismiss.

THE COURT: I believe that they are related. MR. MATHIS: Yes, under Article 3. It is the

State's position that that issue, his Motion for Dismissal under Article 3, could possibly be -- well, it is. It is a very fact-based determination that the Court needs to make.

*733 12 The State's position on that is several things. One, Article 3 requires strict compliance and Mr. Lasker has not engaged in strict compliance that is required in order to invoke the provisions of Article 3. Not all of those are the following: The Request for Notice of Demand that was sent to the D.A.'s office, as already indicated, was not sent to the correct address. It was not sent by certified or registered mail as the law requires. And the most important thing that the State has been able to determine at this point is that the warden of the prison at which he was being held in California had no involvement with his request to be sent to Texas.

Now, that is very important because it plays into what the State believes has happened in this case under Article 4. The State received Mr. Lasker's notice on or about July 19th -- on July 19th, as previously indicated; however, immediately prior to receiving that notice the State of Texas through the Sheriff's office and also the District Attorney's office had attempted to get Mr. Lasker back in Texas prior to that date.

The D.A.'s office and also the Sheriff's Office were advised by the federal government, the federal prison system in California, that in order to get Mr. Lasker back, we would have to proceed under Article 4. After receiving Mr. Lasker's request on July the 19th, 2012,

*734 13 numerous contacts were again made by the Sheriff's office and the District Attorney's office to obtain Mr. Lasker's presence in Texas. At that point, both the Sheriff's Office and the District Attorney's office were informed that we would have to proceed under Article 4, not Article 3.

In addition to the document that I previously indicated that I have here for Mr. Blazek's review, I also have various faxes and documents provided by the U.S. Department of Justice Federal Bureau of Prisons to my office, among which are documents indicating that our office on -- when we contacted them between July 18th and August of 2012, that we would be required to proceed under -- with IAD Form 5.

We were sent IAD Form 5, which applies to obtaining possession of a prisoner under Article 4. At that point, our office began proceedings to obtain custody of Mr. Lasker at the direction of the federal government. We filled out the papers that they wanted and that process went back and forth for months. Every time we would send them a form and actually on Article -- the IAD Form 5, that required your signature. And there should be one in your Court's file that we sent to basically get the ball rolling.

After that, other forms were sent, sent back. They were summarily rejected. They were missing information. And we finally were able to provide the federal government

*735 14 with all the forms they needed sometime, I believe, in May of 2013. The Sheriff thereafter was able to go to California, his representatives obtained Mr. Lasker and bring him back here.

When -- under Article 4, when he entered Texas, the time provisions would start running because he was now here in Texas under the provisions of Article 4 of -- Article 51.14 of the Interstate Agreement on Detainers. That is the basis of why the State of Texas has filed its first Motion for Continuance.

It is the position of the State of Texas that Mr. Lasker is not in the State of Texas based upon his attempts at complying with Article 3, which would require trial within 180 days after he shall have cause to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction, written notice of the place of his imprisonment, and his request for final disposition.

It is the State of Texas's position that Article 3 request never happened and his attempts to invoke Article 3 were void for several reasons, which I have already alluded to. One, he did not involve the warden. If the warden was involved, it is not reflective of the documents that have been sent to my office and sent to the Court.

That may seem like a -- simply a procedural *736 15 error; however, I believe it's relevant because the fact that the warden was not involved, which Article 3 specifically requires. When the District Attorney's office of Waller County and the Sheriff's Office of Waller County attempted to obtain the possession of Mr. Lasker under Article 5, the warden of the federal prison where he was being detained apparently had no knowledge of Mr. Lasker's request under Article 3. Otherwise, they would not have been requiring the D.A.'s office, the Sheriff's Office, this Court, to engage in the requirements of Article 4 in order to obtain his presence here in Waller County.

This is also very important because under Article 3, Section E; a request for final disposition made by a prisoner pursuant to Paragraph A. hereof shall also be deemed to be a Waiver of Extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of Paragraph D. thereof. And the Waiver of Extradition to the receiving state to serve any sentence there imposed upon him after completion of his term of imprisonment in the sending state.

This request for final disposition shall also constitute a consent by the prisoner to the production of his body in any Court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of

*737 16 imprisonment in accordance with the provisions of this agreement.

Case law is reflective in this area, that if the defendant in a case -- and I will quote the case of Bryant versus State citing Burton versus State. Bryant out of the Court of Appeals, 14th District of Houston; and citing Burton versus State, Texas Appeals out of Dallas, 1991: When an inmate took it upon himself to notify the prosecutor and the Harris County court directly he was responsible for seeing that the notice was sent and the form required by the IAD or the Interstate Agreement on Detainers.

Lasker's failure to involve the warden in this process resulted in the entire extradition process going forward under Article 4 rather than it being waived under Article 3. The only person whose fault that is, is Mr. Lasker in this case. If he wanted the protections of Article 3, he should have strictly complied with the provisions and mandates of Article 3, involved the warden, had that sent by certified or registered mail by the warden -- not by himself -- to my office and to the Court. That was not done.

The purposes of Article 3 assume that the warden is going to be a valid, large part of this process. Otherwise, you have Pro Se inmate dealing directly with the Prosecutor and a Court. And the person that has custody of

*738 17 him has absolutely no idea what is going on. The person that has custody of him has no idea he has waived extradition. And the person who has custody of him is in no way going to release that prisoner unless compliance is had under Article 3 or Article 4, which is exactly what the warden in California did. He demanded compliance from the D.A.'s office -- my office, and the Sheriff's office under Article 4. And that is how we proceeded.

Therefore, Your Honor, it is the State's position that Mr. Lasker is here under Article 4. We acknowledge that under Article 4, there is 120-day requirement that he be brought to trial after his arrival in the receiving state except for good cause shown in open court with the prisoner or his counsel being present, which they both are. The Court having jurisdiction of this matter -- which you do -- may grant any necessary or reasonable continuance.

At this point, Your Honor, limited to the State's First Motion for Continuance and based on the representations that I have previously made to you regarding the complexity of this case, who is working on this case, and the lack of time preparation on such a serious case by defense attorney, which is in no way a dig at the defense attorney; we are respectfully requesting that Continuance so this case can be properly disposed of and it gets the time

*739 18 and the serious reflection and input from the Prosecutor's office and the Defense Attorney that it deserves.

THE COURT: Before I pass to Mr. Blazek, one question I do have and I have not been able to answer it: Has the federal system signed on to the Interstate Agreement on Detainers?

MR. MATHIS: Yes, Your Honor, because this -- these are the forms and the requirements that they were providing to us that they require.

THE COURT: I wanted to be sure that we didn't miss one of our critical steps right there. Very well, Mr. Blazek, your argument, sir. We are approaching this both from your Dismissal, as well as his Motion for Continuance.

MR. BLAZEK: I will address these concepts together and inform the Court of what I think is important. I agree with one of the key assertions that the District Attorney has made; this is a fact-sensitive issue. There is some law, but the facts are real important and for the IADA to apply, the State of Texas has to have had a detainer lodged against the defendant in the prison in the federal penitentiary based upon his request and the paperwork I have seen in the Court's file. And I think that is true, but we still -- we don't have a stipulation to it. Perhaps we will by the -- but this hearing, the State will stipulate that there was a detainer for each of these cases.

*740 19 If there is a detainer, then that gives under the IADA, both the federal government and the State are a party to this law, that gives the defendant the right to request a speedy disposition of all detainers. And there is no doubt that he attempted to do so. And the Court's file -- I believe the Court -- the Court's file-marked copy is dated July 16th, 2012. That is when the District Clerk received it. It has all three cause numbers in it, appears to be filled out relatively appropriately. And I think now the D.A. has stipulated that they received their copy on the 19th of July. And the statute says that when both have received it, if it is properly made, then that is when you start the 180-day time period.

So if the 180-day time period is the law that applies, that is the rule; well, then, I don't think there is anything I can do at this point to waive it. It either has passed or it hasn't passed. It is either is or isn't. This Court will determine based upon all the facts whether or not it does apply. You know, I have made note of the three variances that the -- that the District Attorney has pointed out; that it was sent to the incorrect address.

My recollection -- I am trying to think back during the Sessler case, which was I think back in 2012 -- that is when the D.A.'s office was moving because I went to the wrong address, too, the first time I went to their

*741 20 office, but they had a new office. So, it is understandable that they would send it because that is during the time period that they had made their move.

I have not yet -- and there is -- this case law is all over the country -- not all states, but virtually all states are governed by the IADA and the federal government is; and because it is a compact, a federal state compact, they have held individual states cannot interpret this statute differently. It's altogether, you know, it is a one unitary interpretation so the Supreme Court is like the Court of Criminal Appeals in this case. It's not a state law issue.

So what I have to do is I have to go through my search of these cases and try to find has any court ruled yet on whether or not sending it to the wrong address and causing a three-day delay invalidates the request. The same with whether it was properly registered or certified mail, as opposed to first-class mail because apparently it came by first-class mail just with stamps on it. And then the last thing is whether or not the request had to be given to the warden. There is no doubt that the statute says that is what you are supposed to do, give it to the warden. I think the prosecution is over-emphasizing the importance of that. It may be that that is important. It may be that some case law already exists that has resolved these things. I hope there

*742 21 is. That makes it easier for us, but I don't know the answer to that question.

And so, I want to do that research. It is my understanding that either way, whether it is an Article 3 or an Article 4 transfer, you know, it's not just as simple as going and picking him up. You know, the Article 3 says there is a Waiver of Extradition and, indeed, there is; but under Article 4, there is no extradition there either because extradition implies something completely different. These are requests for temporary custody.

And even if it's an Article 3, you just can't send a deputy down there to pick him up, he's on his way. That is not enough. There has to be an agreement signed between the authorities in the State of Texas and the authorities of the federal government, the warden's office; whereby the State of Texas agrees that they are bringing him here just for limited purpose. They provide him immunity from other things that might happen. And they agree to return him when the trial is over. That is part of the deal, that they agree to return him. It could be that the Feds would waive their right to get him back on their return, depending upon what happens here.

But in theory, a client could come from a federal penitentiary to Texas and be acquitted or be given a shorter sentence. The federal government, they still have

*743 22 jurisdiction over him. They haven't waived anything or given up anything; it's kind of like a shared thing. And so that agreement has to be reached.

And so, to me, that is what I think the focus or would have been that inevitable situation, I think it's important that we look at the correspondence between the State and the warden to find out exactly what transpired there. And I will just say this by way of a side -- as an illustration. There is a case that is cited in the books. It is Sephus versus State or it might be Ex Parte Sephus -- I can't recall right now -- but Julie Sephus from Leon County.

In that case, it wasn't a violation of the time limits, it was a violation of the anti-shuttling provision; gone from the federal penitentiary to Texas back to the federal penitentiary, and then the D.A. of Leon County wanted to get him again. And there the warden of the federal said you can't get him because there is -- there is a provision in there -- in the IADA when Texas gets him for one detainer they get him for all detainers and all must be disposed of before he is returned to the Feds.

So that type of correspondence, I think, can be very important in understanding that -- what the case means. Then, of course, in there, then to acquire him they attempted to use a procedure other than the IADA, got him into custody, but the Court of Appeals in Waco, which was

*744 23 affirmed -- well, not affirmed but PDR-denied by the Court of Criminal Appeals, said that it didn't matter that the fact that the D.A. used what they called a Writ of Habeas Corpus Ad Prosequendum, was a detainer, he was brought here, and so the IADA applied. I think we do need to get those particular facts.

If it turns out that the 180-day rule doesn't apply, if it turns out that one of these three requirements is mandatory and; therefore, his compliance was a mere attempt, and you know they -- there is a case -- it is called Votta -- Joseph Votta -- State of Texas versus Joseph Votta. And there the Court of Criminal Appeals discussed some of the things that happened, which would mean there was a mere attempt. And there, the example they gave, the district clerk never received the original request for disposition. What they did was, they did acknowledge they received a copy of it attached to a Motion to Dismiss. And the intermediate Court of Appeals and the trial court said that was sufficient. Once the trial court was provided a copy of it attached to a Motion to Dismiss, it was on notice that it existed and that is when they started counting the 180 days.

And the Court of Criminal Appeals pointed out merely attaching it as a copy is not enough. You actually have to send the request to the Court, not being a mere exhibit to a Motion to Dismiss, and they held that the

*745 24 IADA didn't -- wasn't properly made and; therefore, didn't apply in that case.

To me, it suggests that if you have to go that far, you know, there was obviously no correspondence between the warden -- there were all -- they didn't mention these others, they had a much greater claim. Who knows what the Courts would say ultimately on this. But I give that as an example.

Then if that doesn't apply, then the 120-day rule applies. Based upon my count of that we have 11 more days, I think. And there is into setting yet. And so, I for one don't want to do anything that would constitute a waiver of my client's rights. And so, I am going to be very careful.

With regard to facts asserted in the Motion for Continuance and, you know, I certainly didn't have a court reporter transcribing anything I or Mr. Mathis said back on about June the 12th. I did make notes of my conversation with him. And I don't recall saying anything about putting anything on hold. I do recall being somewhat apprehensive about the issue of the IADA. I did ask Mr. Mathis, How did y'all get him here? What was the mechanism of him getting him here? He mentioned something about filling out a lot of forms, and I was already on notice that the IADA may be applicable in this case. I knew at that

*746 25 point -- I wasn't going to say or ask anything about a delay until I knew more information.

In terms of -- there were -- discussed about informal discovery. He informed me about a confession that he believed my client had made. We discussed generally him locating that, getting me a copy of it. There were no time limits set, there were no specific demands. I've certainly not gone to the Court for any discovery. More recently, I found out from him in addition to the confession the State believes that they have, they believe that the weapon that was used in this case was also used in the aggravated robbery case. So we have had some informal discovery, so I think I know a little bit about the evidence, but obviously there's a lot more I need to learn but I don't want to waive anything.

And, at this point, you know, I am always interested if there could be mutual benefit about trading things, but I don't want to give up anything. And so, I would imagine this Court, if it chose to, could make a preliminary ruling or make a final ruling on it and say that's it, we're not going to come back and address it any more and just rule that he never made a request under Article 3. Or it can make a preliminary ruling or could just say, I want to get all the facts and make a ruling at the right time.

And I believe the District Attorney has *747 26 already indicated that they are going to supply me with more information in my Request for Disclosure of Favorable Evidence, that they intend to supply me with evidence. I assume the correspondence they have had with the warden as well as, you know, the documents relating to Request for Early Disposition filed by my client. So that is where we stand at this point on both of these issues. It may be premature to rule on the Motion to Dismiss unless the Court feels that it has enough. But, at this point, we just don't want to waive anything. We want to assert our rights and make sure we are not waiving anything.

THE COURT: Well, I think it's important for the record to reflect that whenever the Clerk received this back in July of 2012 -- it was actually presented to me and due to the nature of the case, I took note of it, special note of it. And, at that time, had done a cursory view of the Article 51.14 as it existed at the time. And there is a sticky-note in the file that you may have seen or counsel has seen that said no action at this time, has my initials on it.

And the reason behind that being that at the time I did not feel that we had reached the point where this had become a formal matter, simply because in that reading of Article 3, I saw no evidence of the Department of Corrections for the federal, the warden to be involved. So I do place a lot of credence in what Mr. Mathis has said in his

*748 27 argument about why the warden should be involved in this communications loop because it does make not only legal sense, but logical sense that if the warden doesn't know about it and he has got some sort of Waiver of Extradition or he has got an inmate trying to do things outside his normal chain of communications, that would be a concern for a warden.

So I think what I would be most comfortable doing was allowing you to defer the ruling on your Motion to Dismiss and not hold it against you should we reach past that 120 days. And so, my ruling here on the record would be that I will take that under advisement until such time as you have had an opportunity to create a fact trail from what we have here. And I believe that with the cordiality and congeniality of counsel, and I know you are both very competent, both been in my courts uncountable times. I know you will be able to work through the stipulation as to what facts Mr. Mathis's files reflects and what they don't.

And so, I will allow you to do that and brief that and not hold any of these dates against you in doing that. But, at the same time, I will grant the State's Motion for Continuance so that in the record and formally we will not have triggered inadvertently either 180 or 120 day until we can have sorted out what the IADA intends to say through the case law or any rulings that may be available there.

*749 28 So with that, what we need to do is determine and, again, Mr. Blazek, without you waiving anything of your client's position and should you wish to do intermediate appeals and so forth, I understand the necessity; but what we need to determine is what sort of schedule we need between now and a trial date and how long we think it will take us to prepare for that and get ourselves set to go.

And looking just in a preliminary -- we'll get to these other matters later -- just looking at preliminary dates, and let's just make an assumption that may or may not be accurate, the State of Texas has asked for an Examination on Competency. I will allow you to argue that for or against, but should I be disposed to grant that, that normally takes a minimum of 30 days and due to the complexity of the case, it may even take longer. The very earliest I could see us being able to do the next preliminary hearing in this matter would be the early part of November.

And simply because in October, I have a two-week capital murder trial scheduled in Grimes County that is going to occupy my time during that period of time. If the capital doesn't, I have a first-degree, minimum 25 to life, child sexual -- continuous sexual assault we will try over there, which is also a two-week case. I have either for coming back for matters here November 4th in the morning or a November 8th in the morning. And I am not going to hold your

*750 29 feet to the fire at this point, but if you would check your calendars and get with my coordinator, we will try to get that put into the calendar as soon as we can.

And then, Mr. Blazek, you may be able to tell me how long it's going to take to get your mitigation set up and ready to try this case. And, again, without waiving anything, if it is likely to be this year or likely to be after the first of the year, I need to start getting you on there and a time period to make that work.

MR. BLAZEK: Judge, you are exactly right. You pointed out the dilemma that the Defense faces. On the one hand, a typical capital case we would be asking for as much time as you could conceive to give us to get ready. But, on the other hand, if I ask for that time, I may be waiving certain rights. In addition to the 180-day, which I think we are probably safe there in not waiving the 180-day claim because the 180 days has already lapsed. If it is violated, it is violated.

For the 120 days, 120-day timeline there's an issue there for us that we don't want to waive. There is another issue. And that is his Sixth Amendment right to a speedy trial, which there is no particular time limit there, just a reasonable time. And there, there is no particular format for demanding the request or the failure to contact the warden wouldn't in any way diminish the value of his

*751 30 Request for a Speedy Disposition there. So we at least have on file a Sixth Amendment Demand for Speedy Trial. And so, and he has been in custody all this time. So those are issues that I need to weigh in looking at that.

And so what initially -- what my answer to the Court is, I will do my best to clear my schedule and to be ready for any date that the Court or the State gives us. And there may be a particular need for delay later on that we would assert. But, at this time, I can't assert or request any delay without conferring with my client and letting him know the significance of it.

And so, I don't know of any conflict. I know my schedule pretty close. I would suspect I would have no conflict in my schedule for either November 4th or 8th. Both of those are pretty far in advance. I don't know of anything coming up that would say I wouldn't be available for those two dates. So the only objection I would have to them is that they are -- they deny my client his rights under the IADA and the Constitutional Right to a Speedy Trial.

THE COURT: Well, I think I owe it to you for clarity right now to give you the grounds that as a preliminary ruling. I am using Article 4 of IADA to grant the State's Request for the Continuance because I do find good grounds. And that good grounds being the delay in getting Mr. Lasker back here; the seriousness of the charges

*752 31 against him; the availability of him being provided adequate and proper counsel; the complexity that has been represented to me of this case. And for all of those reasons and there may well be further reasons upon study of this, I do find we have the good grounds that would be found under Article 4 for the Continuance.

Then having said that, and because of the situation we find us in, you needing to do some research, the fact trail, and whatever factual stipulations or testimony, and again without waiving anything; I think if we can set it up for the November 4th date at 10:00 o'clock.

And, frankly, Mr. Blazek, if you go back to your office and Marilyn says, Can't do it. If we need to move it to the 8th, it is okay. But we will set it for the 10:00 o'clock on the 4th of November for argument on your Motion. And should we need an earlier motion than that, certainly contact Susie. That would be same for you, Mr. Mathis, contact the coordinator, and we will find a Saturday morning we can all gather and meet, but we will do it.

That handles right now -- the Continuance is granted. Your Motions to Dismiss are taken under advisement pending further arguments and research.

MR. MATHIS: Your Honor, may I just interject, I personally think it would be a good idea if we went ahead *753 32 and had a preliminary trial date set. Article 4 and Article 3 both assume that multiple continuances can be granted but at this point because we are dealing with a mandate that trial occur, I believe it would behoove the Court, behoove the State, to actually go ahead and set an initial trial date that could be adjusted later on, if necessary.

THE COURT: Susie, would you come up with a February/March, 2014 window for me. That will give us approximately six months preparation time. That would also be allowing a minimum of a four-week window for the individual voir dire selection, and then two weeks for a trial itself.

INVESTIGATOR WOOLLEY: February trial week? THE COURT: When is that? INVESTIGATOR WOOLLEY: February 3rd through

7th. THE COURT: Probably going to be after that because this is a special venire we will bring in. I will just clear all the rest of my junk out, get a visiting judge for everything else.

While she's looking at that, I have the State's Motion for Examination for Incompetency and the allegations have been made in the State's motion. Just on the bare allegations -- we will come back to that in just a moment. Thank you, ma'am.

*754 33 MS. SCHUBERT: That's our calendar. THE COURT: Gentlemen, it appears the best time frame to look at this would be from February 24th, bringing in the special venire at that point and then having the week of the 24th, week of March 3rd, and then expecting to present testimony the weeks of March 10 and 17th. And we can certainly go longer should we need to beyond that.

So let's set this matter for trial on February 24th. We will back up from that. We already have the November 4th pre-trial. And there will be a January pre-trial we will set at the November hearing. And we will grant any additional early February pre-trials that we may find that we need after the January pre-trial.

MR. BLAZEK: In response on behalf of the Defense, Your Honor, I don't think those dates present any conflict with my schedule. We should be able to accommodate those. We will do our very best to be ready for trial on those dates. But I would object to setting those dates outside the 120-day, 180-day limit and that the setting of a trial date under these circumstances violates the Interstate Agreement on Detainers, as well as the Sixth Amendment Right to Speedy Trial.

THE COURT: Thank you, Counsel. It is so noted and taken into consideration. All right. Moving on to the matter we were *755 34 about to address on the competency issue, I have reviewed the State's motion and I am not sure that I have seen a response, Mr. Blazek, as far as the Motion for Competency Examination.

MR. BLAZEK: I had filed a response. We would object to it. We don't think that any of these suggestions of purported facts by the D.A. give rise to an issue of competency. And I know this, that if at any time an issue of competency arises, I am not slow to request help. Usually the first help I request in a capital case is to get a consulting mental health professional to work with me and we will do our own. And then if that gives rise to something, then we'd ask for the independent examination. But, at this time, I would object to the appointment of the independent mental health examiner.

THE COURT: I think your argument is well taken. Knowing generally how capital cases work and how you work, I would anticipate seeing some motions in the near term in camera for various resources.

All right. For the Disclosure of Favorable Evidence for both sides; frankly, we are not there yet so far as the new discovery laws that are going to go into effect on January 1st. Court has a standing policy on discovery. And while you may not have seen the Waller County version, I assure you it is virtually identical to the Grimes County version, has obligations for both the Defense and the State.

*756 35 What I would prefer to do is go ahead and sign that Standard Discovery Order for all three of these matters. And then should there be further discovery that is required, if each side, both the State and the Defense, would file those requests with the Court identifying how those requests may differ from the Standard Discovery Order, then that may alleviate that.

Susie, would you go get me three copies of that, please, ma'am. We will go ahead and get those filed today. And that may then oviate any further rulings on the discovery today.

Anything further from the State? MR. MATHIS: No, Your Honor. Other than I will, again, make those representations that prior to Mr. Blazek leaving today, I will make available to him copies of the Notice and Demand that was sent to our office and copies of the Certificate of Service; a copy of a document the top of which indicates Sentence Monitoring Computation Data as of 4/4/2012; and the letter that these documents came to -- to our office for his -- I will make sure he gets a true and correct copy of all of those. In addition, the D.A.'s office did receive a certified letter from Mr. Lasker on April 8th of this year demanding that his cases be dismissed. And, again, I will provide him -- as in "him" -- the defense attorney, copies of what was in that letter from

*757 36 Mr. Lasker. I believe both are relevant to the cause and the issues that he is concerned about.

THE COURT: I think that will work. You know, taking the presumption and I think we all deal with it, that death is different. We handle it carefully and we should all handle it very carefully. Even though you will provide those today, let's move ourselves into the realm of what we are going to be doing with discovery in the future and just prepare a log of what you do provide for him that we can place into the record and be no confusion as to what was actually tendered. Like I said, I know both of you. I know the cordiality and congeniality will continue. But I do want a very complete record on the case.

Further, Mr. Blazek? MR. BLAZEK: Nothing further, Your Honor. THE COURT: Very well. Susie has those forms

for me. I am going to sign those. And you will each receive your copies of those. There being nothing further before the Court, we stand adjourned.

(Proceedings concluded, 5:15 p.m.) *758 37 THE STATE OF TEXAS COUNTY OF WALLER

I, Robyn S. Wiley, Court Reporter in and for the State

FILED IN

of Texas, do hereby certify that the above and foregoing 1st COURT OF APPEALS

HOUSTON, TEXAS

contains a true and correct transcription of all portions of 9/9/2014 1:27:49 PM

CHRISTOPHER A. PRINE

I further certify that the total cost for the preparation of this Reporter's Record is $774.75 and was paid by County of Waller.

*759 1 REPORTER'S RECORD VOLUME 4 OF 6 VOLUMES TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704 TRIAL COURT CAUSE NO. 11-01-13705 COURT OF APPEALS NO. 01-14-00630-CR

COURT OF APPEALS NO. 01-14-00631-CR COURT OF APPEALS NO. 01-14-00632-CR THE STATE OF TEXAS ) IN THE DISTRICT COURT )

VS ) 506TH JUDICIAL DISTRICT

) )

DOMINIQUE DONTAE LASKER ) WALLER COUNTY, TEXAS

**************************************

HEARING ON MOTIONS

************************************** On the 4th day of November, 2013 the following

proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Albert M. McCaig, Jr., presiding, held in Hempstead, Waller County, Texas:

Proceedings reported by machine shorthand. Sheila A. May (979)826-7762 *760 2

A P P E A R A N C E S

Mr. Elton R. Mathis SBOT No. 24014568 Waller County Criminal District Attorney's Office 645 12th Street Hempstead, Texas 77445 (979) 826-7718 Attorneys for the State Mr. Frank Blazek SBOT No. 0247550 Smither, Martin, Henderson & Blazek, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 Attorney for the Defendant Mr. William F. Carter SBOT No. 03932800 Attorney at Law 108 East William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 Attorney for the Defendant

Sheila A. May (979)826-7762 *761 3 INDEX VOLUME 4 OF VOLUME 6 MOTIONS

November 4th, 2013 Page Vol. Appearances.............................. 2 4 Proceedings.............................. 4 4 Proceedings Concluded.................... 24 4 Reporter's Certificate................... 25 4

Sheila A. May (979)826-7762 *762 4 THE COURT: All right. These are Cause Nos. 13703, 13704, and 13705. The State of Texas versus Dominique D. Lasker. And let the record reflect that the attorneys for the state and for the defense are present in the courtroom. The defendant is in the courtroom. We're here today, gentlemen, for our motions and discuss the procedures and matters that are before the Court. And I believe Mr. Carter, Mr. Blazek you have filed a recent motion; is that correct?

MR. BLAZEK: Yes, Judge, we have. We filed a first amended motion to dismiss and, unfortunately, when I attempted to serve a copy on the state we sent it to the wrong fax number. And, so, I kept confirmation that it was faxed, but they didn't get it until this morning because it was faxed to the wrong number and that's my office's fault. And we've discussed it and I think we have an agreement as to how to proceed on that motion.

We think that we're going to be able to submit to the Court some agreed stipulations as to certain relevant facts and that we would attach exhibits and have those marked and that we would submit in the near future some hammered out stipulations. I made a rough draft of the stipulations I need, but they're not finalized. And they're going to have some stipulations

Sheila A. May (979)826-7762 *763 5 that they want as well. And then from the gist of the -- I think we're going to be able to agree to those. I don't think we'll need to have live testimony. And if that's the case then what we'll do with the Court's permission is just submit this to the Court in writing within the next, say, fifteen some days. Is that -- Mr. Mathis?

So, within the next fifteen days and then let the Court rule on it at that time after the Court's had a chance to review the written materials and that's the only motion we have filed. I have an ex parte motion to try to get some funding -- an expert, some assistance that I'd like to discuss with the Court ex parte.

THE COURT: Very well. That's good that you have the ex parte one because that was on my list. Mr. Mathis, any response on Mr. Blazek's statement?

MR. MATHIS: Judge, other than a little bit of confusion that was caused by us not getting the motion today we'll -- a little bit -- now understand what Mr. Blazek wanted to talk about today. I concur with him that we should be able to reach some stipulations more in the nature of "x" document was received on "x" date as opposed to titling any documents or giving them any legal meaning on their own as far as

Sheila A. May (979)826-7762 *764 6 what we're calling them. And that's correct, the state will also have I'm sure several documents that we will want to have stipulated as well, "x" document was received by the state on "x" day and so forth. So, I do believe fifteen days is plenty of time for us to reach those agreements with each other and submit those to the Court.

THE COURT: All right. Then aside from the actual scheduling is there anything else from the defense standpoint that needed to be covered today?

MR. BLAZEK: No, Your Honor. I'd like to visit ex parte with you. THE COURT: We'll do that. Once we've broken here we'll go into chambers and take care of those matters unless you need a record.

MR. BLAZEK: No. THE COURT: All right. I didn't think

so. Well, let's talk about our schedule. Currently we have this matter set for a two-week trial period on February 24th for jury trial. Due to the nature of the case, I would think that a pre-trial hearing would be in order sometime in February. I have an available date February 14th, which puts us only ten days out from the actual time. And by that time we will have already issued our jury notices. And so, what I'm looking at on

Sheila A. May (979)826-7762 *765 7 that is -- and, certainly, I don't expect the defense or the state either one to give any trial strategies as we're trying to do our planning here. Are we anticipating jury questionnaires?

MR. BLAZEK: Yes. Judge, the state has given us notice that they intend to seek the death penalty and in light of that I expect that we will request jury questionnaires. As preliminary matters, I see some issues arising and I -- we have to disclose some trial strategy just to explain why we're proceeding the way we are. I think at this point for purposes of scheduling and the Interstate Agreement on Detainers I believe that my client's rights are fully perfected. I don't think there's anything that this Court can do now to cure whatever may have happened prior to this date.

So, from this date forward I don't -- what I'm saying is I'm not waiving or acquiescing or erasing anything that's happened so far. We believe that claim is perfected under the IADA and the speedy trial rights there. Going hence forward from that date, what we expect to do depending upon the Court's ruling on our motion if the Court grants the IADA motion, I expect the state will appeal. If the Court denies our IADA motion I don't believe I have a right to appeal under the Ex Parte Doster case. The Court of Criminal

Sheila A. May (979)826-7762 *766 8 Appeals has held that even if I had filed a Writ of Habeas Corpus rather than a pretrial motion and received an adverse ruling that it is not the kind of matter that can be appealed interlocutory, the denial of that motion. I do believe that if I could establish that it's a mere ministerial act, that it's not an act of discretion, then I think a Petition for a Writ of Mandamus might be proper. So, I think if this Court grants it, the state I believe will appeal. If the Court denies it, I would expect that we will file an application for Writ of Mandamus to some higher court.

On other issues here, I see one -- I believe there probably is going to be a Motion to Suppress the custodial statement that the state has given us and at some point we probably want to have that heard prior to trial. There will probably be some determinations of some expert testimony. I think the state might have some DNA testimony. They certainly will have some forensic testimony about the firearm and the -- whether or not the gun that was used in the homicide was the same as in the robbery in California. And that would probably best be resolved by some sort of pretrial Daubert hearing. And so, those are the only two preliminary matters.

And in terms of trial scheduling, I'm Sheila A. May (979)826-7762

*767 9 not -- Mr. Carter was going to tell me something about his trial. He had something, but did that get resolved, Billy, your thing in Brazos County?

MR. CARTER: No. MR. BLAZEK: So that's -- so Billy --

I'll let Billy address that. MR. CARTER: Judge, right now Michelle Esparza and I are involved in a death penalty re-trial at punishment only. It's in Judge Smith's court that's been set for March. Now, whether it's in stone or not we're not sure, but it's been set months ago. I think we -- the first week or second week in March, if it goes and he has not said it's not going yet. And we're having some preliminary matters on it that we've got to take care of, but -- and that's a re-trial of a punishment case only.

THE COURT: What I may need, Mr. Carter, get me the number and style of that. I certainly don't mind talking with Judge Smith, have a good relationship with him, and letting him know what we're facing in the way of our scheduling.

MR. CARTER: Okay. THE COURT: And the time problems -- MR. CARTER: All right. THE COURT: -- that we have on this case Sheila A. May (979)826-7762

*768 10 so that we don't put you and Ms. Esparza in the middle. It would be Judge Smith and I that work out the details of that. Do you know whether or not there is a time exigency on that case?

MR. CARTER: No. THE COURT: Okay. MR. CARTER: In fact, Judge, there's some

DNA issues that we just filed a motion about a week ago requesting some DNA testing be done under the new law. And we feel like if that takes place we won't be trying that case until sometime next fall, but right now it's set and nothing's been changed as of yet. And the state has joined in the motion we filed -- they don't oppose the motion. They joined -- they don't oppose the motion requesting DNA testing to be done.

THE COURT: I think based upon that we'll go ahead and keep our schedule as it looks like. MR. CARTER: All right. THE COURT: I will talk to Judge Smith

and just to be sure -- MR. CARTER: Okay. THE COURT: -- that we're not running

into placing you and Ms. Esparza in any sort of predicament on that. I had anticipated and kind of getting back into maybe we ought to talk about this

Sheila A. May (979)826-7762 *769 11 motion just a little bit more. We talked about the stipulations that you're going to be filing in talking about that. Are you going to do this motion that you filed on the 30th, the First Amended Motion to Dismiss, is that going to be done under a Notice of Submission or do you wish to do that under a hearing or with a hearing?

MR. BLAZEK: Well, I think the Notice of Submission is what we're -- we could do it in writing. THE COURT: Right. MR. BLAZEK: We can get our stipulations

together. THE COURT: Okay. MR. BLAZEK: And if we can't work out the

stipulations we come back to the Court and request a hearing and put on live testimony about the facts we intend to prove, but I'm thinking --

THE COURT: I guess I was looking at it separately. I was looking at the dismissal -- your Motion to Dismiss as a separate issue from the stipulations, but apparently that's incorrect?

MR. BLAZEK: The stipulations we're talking about relate to the Motion to Dismiss. THE COURT: Okay. I see that. Then, yes -- Sheila A. May (979)826-7762 *770 12 MR. MATHIS: I concur, Your Honor. It's my understanding the stipulations are to aid the Court in deciding his First Amended Motion to Dismiss.

THE COURT: All right. I'm now with you. Simply because we have a lot of moving parts, I would like to go ahead and at least do our planning to get us a motions date for the Motion to Suppress. Would the parties be ready on a Motion to Suppress say on January 22nd? And we can look at some other dates earlier in the month, as well.

MR. BLAZEK: Judge, I think we could be ready on those dates, you know. You tell us what day and we'll try to -- I don't see any conflict. I've got my January 22nd calendar up and I don't see any conflict with that date.

THE COURT: Having a conversation here with my scheduling and court coordinator. Do you have any estimate as to how long it might take?

MR. BLAZEK: Well, I think the Court is going to have to listen -- this -- part of the basis of the -- Judge, can I sit down while I'm talking?

THE COURT: Please do. We'll -- MR. BLAZEK: My old knees. THE COURT: This is substantive, this is

not form. Sheila A. May (979)826-7762 *771 13 MR. BLAZEK: Thank you. I appreciate that. This is going to require listening to the statement. It's a lengthy statement. And part of the Motion to Suppress is going to be based on the defense assertion that it's not a recording of the defendant's voice, that it's merely a recording of officers repeating what they claim the defendant said and, of course, one of the requirements of 38.22 is that the statement has to be either in writing or recorded. Well, they've done a good job of recording most of what the officers said, that's very audible, but I think most of what the defendant said is -- was not recorded.

And then there will be some dispute where some of it might arguably be recorded and might not, but I think a lot of it the Court will agree with us wasn't recorded at all. Some arguably was recorded and some was recorded (sic). And so, the Court's going to have to make a decision and we're going to have to point out time period by time period why we're objecting to the admission of certain things. And a lot of it we're going to be objecting to comments made by the officers on the tape claiming to be repeating what the defendant said. So, it will take some time.

THE COURT: From a logistic standpoint, Mr. Mathis, having not seen nor heard any of this are we Sheila A. May (979)826-7762 *772 14 dealing with the quality of the reproduction and, if so, have we attempted an enhancement of the tape or recording?

MR. MATHIS: Yes, Your Honor, an enhancement has been made and that was what was tendered to Mr. Blazek.

THE COURT: All right. So, we've got about as good as we're going to get, is that what your feeling is?

MR. MATHIS: Yes, Your Honor. THE COURT: All right. That being the

case and because we may be dealing with creatively an edited version, I may be leaning toward moving that to a little earlier in January to give us enough time because I don't want to -- for instance, make some rulings that this and this and this is excluded and then we have a logistics problem of simply doing the redacted, edited portion.

MR. MATHIS: Your Honor, January is pretty open as you would know -- THE COURT: Sure. MR. MATHIS: -- for us. THE COURT: How about either the 6th or

the 10th, Mr. Blazek? I'm just concerned about if we move it to the end of January running out of time.

Sheila A. May (979)826-7762 *773 15 MR. BLAZEK: Well, now another issue just arose. I did not realize -- maybe it was by oversight or -- what I -- I thought I had the original or a copy of the original. I didn't realize I had an enhanced copy. And so, that raises an issue in my mind what do I need to do to get ready now. Do I need to take a look at both the original and the enhanced to see if the enhancement made it better or worse? You know, sometimes when you enhance one person's improvement is another person's distortion. And so, that -- I may have to -- I don't know if I'm going to be ready early in January. I may have to -- because I may have to get some help with a third party to help me take a look at that tape to determine whether or not the enhancement helps or hurts; find out what's really on there. It's just an audio. It's not a video. I'm right about that, Mr. Mathis, right?

MR. MATHIS: Yes, it's audio. THE COURT: Okay. MR. BLAZEK: So -- but I will do my best.

If you give me a date, I'll do my best to get -- to be prepared for that date.

THE COURT: Let's set the suppression hearing for January 10th. Unfortunately, that's a Friday, but fortunately for a lot of folks Fridays are

Sheila A. May (979)826-7762 *774 16 clear. And that will be a little bit of a compromise so that it will give us another couple of weeks should we need to create an edited version of that. I realize it puts you in a bit of a timeframe.

MR. BLAZEK: We'll do the best we can, Judge, if that's the date we'll work for it. THE COURT: All right. So, we're going to set that as a Motion to Suppress, 10:00 o'clock a.m., January 10th, 2014.

Now, then if we go to a final pretrial on February 14th with the jury coming in on the 24th does either side anticipate needing an additional motions date between those two dates?

MR. BLAZEK: Well, there's still the Daubert issue on the expert testimony that would probably be best resolved before trial.

THE COURT: Yes, sir. That's not likely to be an all day hearing, though. We could then use that 22nd of January date in the afternoon for the Daubert hearing providing both sides think that's enough time. MR. MATHIS: The only -- Your Honor, the only motion the state's filed, I believe, was designation -- or information on his expert witnesses.

THE COURT: Yeah. MR. MATHIS: That I don't believe was Sheila A. May (979)826-7762

*775 17 ruled on. THE COURT: And you may not have that until we've had this in camera motion that we've talked about that I'll be dealing with Mr. Blazek.

All right. Let's set it 1:30 on January 22nd. We will just call this an additional motions date. So, at this point we have a suppression on January the 10th at 10:00 a.m. We have an additional motions date January 22nd, 1:30 p.m. We have a pretrial February 14th at 10:00 a.m., and any further motions that may need to be addressed at that time. And then we will have the jury in on the 24th.

Let's talk just briefly about that and I realize that we are a little early on that, but I would anticipate bringing in the entire panel for the initial entry, voir dire, and handing out of the questionnaires. Mr. Blazek, I want to defer just a little bit to some of your experience and yours, Mr. Carter's, as well. Would these questionnaires be of such a nature that we could mail them out with the jury cards, which generally go out two to three weeks before the jury comes in?

MR. BLAZEK: Yeah. MR. CARTER: Never done it. MR. BLAZEK: I've never done it before, Sheila A. May (979)826-7762

*776 18 but I, you know -- now -- go ahead, Billy. You tell them what your concerns are.

MR. CARTER: Judge, the only issue that I -- we could run into could be we ask them questions in the questionnaire about the case in a general sense and, therefore, you would be telling jurors what case they would be coming in on.

THE COURT: Very well. MR. CARTER: That's the only thing I

could see that could be an issue because we always, you know, ask heard anything about the case, form an opinion about it, you know, that will affect your ability --

THE COURT: Then I think I'll go back to my original presumption that we will do the initial voir dire and hand out the questionnaires on that Monday and proceed from there for the remainder of the week doing our selections.

MR. BLAZEK: And the way I've seen it done and it's not always done the same in every case, you could -- if you start off early enough in the day you can get those questionnaires back before the end of the day from the panel, qualify the panel, allow the parties even to make an opening general statement, sort of introductory statement about, you know, introducing people and the general issues of the trial without going

Sheila A. May (979)826-7762 *777 19 into too many facts. And then gather up those questionnaires and have them scanned. And when they're scanned they could either be scanned and copied or scanned and just given disks to the sides so that we'll have those questionnaires. And if, you know, me I'm kind of old-fashioned. I like to have a hard copy to work with. And then I can cause those to be printed out if I need them and -- but what I'd like to have is two days to review the questionnaires before we begin individual voir dire, because I'm assuming we're going to strike -- use our peremptories as we go. I guess there's -- in theory we could reserve peremptories to the end of voir dire and then use them, but I'd sure like to have an idea as to the consistency of the entire panel before I start exercising my peremptory challenges. And I don't -- Billy is -- likes to think -- to do the voir dire as -- voir dire the entire panel individually and then reserve the peremptories to the end.

MR. CARTER: Right, but I've done it both ways. MR. BLAZEK: And I kind of lean the other way, but we've both done it both ways and then one time we even did it a third way.

MR. CARTER: We did. Sheila A. May (979)826-7762

*778 20 MR. BLAZEK: After -- but we can work that out. The state will have some input as to how they choose to do it and the Court has discretion in that. It's not -- I don't think there's any one rule that says it has to be done a particular way, but I do like to review the questionnaires before I begin voir dire so I'll have a sense of who's -- the type of jurors we have on the panel.

THE COURT: Mr. Mathis, your thoughts? MR. MATHIS: I agree. I anticipate the

state would want to wait, voir dire the panel, then do peremptory challenges at the end.

THE COURT: All right. MR. MATHIS: It's logical. THE COURT: I think that's the best way

to plan this. We have a third week that is available and I will be able to antagonize most living beings by doing it that week because that is school -- spring break week. That's all right. We have justice to do and we'll just deal with it if we need to do that.

So, we will plan along those lines as far as doing the initial voir dire, getting the questions out, getting them turned in, initial introductory statements, just introduce the case on that Monday and coming back in on Wednesday to begin our individual voir

Sheila A. May (979)826-7762 *779 21 dire through a scheduling process. MR. BLAZEK: And here's the general wild card in all scheduling -- I have never tried a capital case where it went to trial on the first trial setting. Every capital case I've ever been in there's always been something came up along the way. And I could envision as I'm doing this in getting ready for this case that some expert, some third party, some other issue arises where I expect to be back before this Court telling you how much time I need to get ready. And it's -- if it is the -- if this case happens on schedule without me standing up and objecting and saying I need this Motion for Continuance granted, it will be the first time that's ever happened, Judge.

THE COURT: Mr. Blazek, you've never dealt with an OCD Judge and his calendar. MR. BLAZEK: So... THE COURT: But I do appreciate that, but

I think from the Court's standpoint I have to at least get the plan in place because if we don't have a plan, we won't be able to ever get there. The plan's as in combat, they adapt once you engage and that's exactly what we will do. Very well. Anything further from the state today?

MR. MATHIS: Not today, Your Honor. Sheila A. May (979)826-7762

*780 22 THE COURT: Very well. Anything further from the defense today other than our in camera motion? MR. BLAZEK: Mr. Carter points out something that's really important. One of the important issues in a capital case is developing the mitigation case and this ex parte motion that we have today relates to that. And there's going to be certain aspects of the defendant's life that may require some travel because he's been -- although he's a native, born and raised here locally, you know, he spent the last eight or nine years in the Marines and there's been a lot of travel involved. And so, certainly recordkeeping, gathering up documents, we're going to be dependent upon third parties to search records and produce records, primarily the military. That will probably be a big source of his life story and then travel. And so, Mr. Carter appropriately tells me, and I think he's probably right, that it might be overly optimistic to think our mitigation specialist will be able to meet our timetable.

THE COURT: You may well be right and I hadn't thought of that because of my own personal experience with either military personnel records jackets or the military medical records jackets, where they're stored and how they're stored and the agencies

Sheila A. May (979)826-7762 *781 23 that are currently in charge of those things. I'm not sure you can get your records in -- I mean, if you started today I'm not sure you'd have them in hand on February 24th. So, I think it's well brought out that we're going to be doing this because both of those agencies that do that storage, they're swamped to put a blunt to it.

MR. CARTER: Judge, I just think that I know in the case Michelle and I are doing right now even if we didn't have DNA stuff we're -- our mitigation people are -- they've been working over 200 hours already and they tell us they will never be able to meet our March trial deadline. They -- and I can tell the Court I just -- I think that February will be a difficult timeframe for us to get all of our information collected to be ready for a trial at that -- in that timeframe.

THE COURT: I think when we come back in here on January 22nd we can make some reasonable announcements at that time and if we need to turn it off or move it to a different timeline that will be fine. I jokingly said that I'm OCD about it. I'd rather get it right than get it quick. So, obviously we're going to do it that way. Now, if something happens between now and those dates that we've got here, the January 10th,

Sheila A. May (979)826-7762 *782 24 January 22nd dates that obviates moving them, just let us know and we'll work with you on that. I think that's realistic assessments.

MR. BLAZEK: So, January 10th will be our next plan to meet, Judge. THE COURT: Very well then. MR. BLAZEK: Preliminary matters. THE COURT: There being nothing further

before the Court we stand adjourned and we'll see you in chambers with your motion whenever you get a chance. If you need a little bit of time, I'm sure I'll be here this morning.

(Proceedings adjourned.) Sheila A. May (979)826-7762 *783 25 THE STATE OF TEXAS ) COUNTY OF WALLER )

I, Sheila A. May, Official Court Reporter in and for the 506th Judicial District Court of Waller County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record, in the above-styled and numbered cause, all of which occurred in open court or in chambers and was reported by me.

I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, admitted by the respective parties.

I further certify that the total cost for the preparation of this Reporter's Record is $_______and was paid by ____________________.

WITNESS MY OFFICIAL HAND this the 8th day of September, 2014. /s/ Sheila A. May ______________________ Sheila A. May, CSR# 2801 Official Court Reporter Expiration Date: 12-31-14 Waller County Court at Law 836 Austin Street Hempstead, Texas 77445 (979) 826-7762

Sheila A. May (979)826-7762 *784 26

FILED IN

1st COURT OF APPEALS HOUSTON, TEXAS 9/9/2014 1:27:49 PM CHRISTOPHER A. PRINE Clerk

Sheila A. May (979)826-7762 *785 1 REPORTER'S RECORD VOLUME 5 OF 6 COURT OF APPEAL CAUSE NO. 01-14-00631-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR

TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704

TRIAL COURT CAUSE NO. 11-01-13705 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) )

VS.

) 506TH JUDICIAL DISTRICT ) ) ) )

DOMINIQUE DONTAE LASKER

) WALLER COUNTY, TEXAS ) ________________________________) --------------------------------------------------

HEARING ON MOTIONS

-------------------------------------------------- On the 11th day of February, 2014, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Albert M. McCaig, Jr., Judge presiding, held in Hempstead, Waller County, Texas:

Proceedings reported by Machine Shorthand. Robyn S. Wiley, CSR *786 2 APPEARANCES: ATTORNEY FOR THE STATE OF TEXAS: MR. Elton R. Mathis, Jr. Criminal District Attorney

SBOT#: 24014568

MR. Frederick Edwards

SBOT#: 06435100

645 12th Street Hempstead, Texas 77445 Phone: 979.826.7718

ATTORNEY FOR THE DEFENDANT: MR. FRANK BLAZEK SBOT#: 02475500 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 Phone: 936.295.2624 -and-

MR. WILLIAM F. CARTER

Attorney at Law

SBOT#: 03932800

108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Phone: 979.779.0712

*787 3

I N D E X

Volume 5 of 6

HEARING ON MOTIONS

February 11, 2014 PAGE Appearances........................................ 2 Court calls case................................... 4 Stipulations made by Mr. Edwards................... 5 Court confirms factual stipulations with counsel... 14 Off the record discussion.......................... 32 Proceedings concluded.............................. 36 Reporter's certificate..............................37

E X H I B I T S

Number Description Offered Admitted State's 1 Documents 23 23 2 Documents 23 23 3 Letter and Forms 23 23 4 Letter and Forms 23 23 5 Judgment 34 34/36

*788 4

P R O C E E D I N G S

(Open court, defendant present) THE COURT: These cases are Cause Numbers

13703, 704 and 705; State of Texas versus Dominique Dontae Lasker. We have for the record Mr. Mathis and Mr. Edwards for the State; Mr. Blazek, Mr. Carter for the Defense. The defendant is in the courtroom. Are we ready to proceed?

MR. EDWARDS: State is ready, Your Honor. MR. BLAZEK: Defense is ready to proceed, as

well. THE COURT: All right then. The matters that I see today -- well, perhaps, Mr. Blazek, if would you cover a couple of matters that you intend to proceed with today.

MR. BLAZEK: Judge, I visited with the prosecution team this morning. And I think we're going to agree to postpone any presentation on our Motion to Suppress, but I think both sides are ready to proceed under the Interstate Agreement on Detainers Claim. And so, that is the one that I would like to go forward.

THE COURT: Very well. And from the State? MR. EDWARDS: That's correct, Your Honor.

THE COURT: Very well. That was my understanding, as well, but I wanted to be able to confirm that on the record. Very well, Mr. Edwards, I believe this has now placed the burden on the State.

*789 5 MR. EDWARDS: You know frankly, Judge, I was not here last time. I am not sure that the burden is still on -- have they done their thing? It is our time; is that right?

MR. BLAZEK: Judge, I assume that the burden on this and the burden of persuasion, the burden of proof on this always rests on the Defense. But I think most of the facts -- they have most of the facts. So I am not sure if we should -- I have tried to submit stipulations that I thought would be agreeable to both sides. I am not sure if they are.

The alternative would be to call Mr. Edwards to the stand and have him to -- I could ask him some questions, see what he agrees with, more like Request for Admissions. I think we agree basically on all of the facts. Many of the facts we agree on are in his response, but his response is not evidence, I know that. So I have got to get it on the record, so I don't know if we wanted to try by stipulation or if you want to testify about what we agreed to.

MR. EDWARDS: Tell you what, Judge, I will run through my fact pattern, which you have before you and counsel has got, as well, and stipulate as we go along and maybe that will satisfy what you are talking about.

MR. BLAZEK: I think it will. THE COURT: I think that would be the best --

most equitable way of doing that and both of you, obviously, are valued members of the Court and take what you do say as

*790 6 intended. MR. EDWARDS: Thank you, Judge. If it please the Court, for the record the State has filed State's Response to Defendant's Motion to Dismiss, which includes a recitation of what I believe the facts are in this case; as well as accompanying Exhibits, State's 1 through 4. And, quite frankly, those are the things which we are willing to stipulate to in addition to the fact that I believe -- I think counsel mentioned something about the fact that their client had been in Waller County custody from May 24th, I believe it was, continuously until this time. We, of course, would stipulate to that; don't think any objection to that. If you look at my fact pattern here, Judge, I think it's fairly clear and not sure I'm going to go through it all.

The long and short of it is these murders occurred on March -- on or about March 10th of 2010. Mr. Lasker fled the jurisdiction after the murders and it became known that he was on leave here in the jurisdiction from the Marine Corps. And along with that it became known specifically that there was a bank robbery in California in October -- on or about the 30th of 2010.

There was a weapon used in that bank robbery and, as it turns out, it was in his possession when Mr. Lasker was caught. I am not sure exactly how it came into the hands of the FBI people and the people in

*791 7 California. But long and short of it, they were able to tie that weapon to Mr. Lasker in the bank robbery.

Well, anyway, they did some forensic work on that -- on that weapon. And I believe, although I haven't mentioned here, believe DNA connection as well. But long and short of it is the connection was made between Mr. Lasker, that weapon -- that weapon and the murders down here in Waller County. And that is what we became aware of.

In any event, the Rangers went down to California. They interviewed Mr. Lasker. Mr. Lasker made what we would describe -- and that will be a bone of contention later on -- but the long and short of it that he made some -- a confession to the killings, as well. He was charged, I believe, in January of 2011. And I would -- although the mechanism for it is unclear, we filed -- I presume that the Waller County filed detainers on or about that same date for him to be held there in California to stand trial.

Well, we became -- then things became a little bit muddled because there was a lengthy period of time it seemed like where he was in California standing trial for -- for the bank robberies. We eventually determined that -- and during this period of time we were pretty much in constant contact with the folks there in California and became clear that they generally wanted to take care of their case there

*792 8 in California as you might expect and then we can transport him down here.

This is -- these are informal conversations, so forth, we had with the people there in California. Well, we found out that Mr. Lasker, in fact, got 121 months for the bank robberies and he -- that was given on January the 30th of 2013. Now just prior to that -- not just prior, but July 19th of 2012, we received something, which you'll notice on Page 2 is described Notice and Demand to District Court et cetera, et cetera, from presumably Mr. Lasker on or about July the 19th of 2012. This did not come -- and this, in effect, was a demand under Texas Code of Criminal Procedure Article 51.14 which, of course, is the adopted device which the State uses to get folks back and forth different jurisdictions to stand trial; particularly, under Article 3 which is, in essence, the defendant's or the suspect's demand that he be brought back.

We received this, I guess, July -- on or about July 19th, 2012. This did not come, as required by the Code itself, by certified mail. Now another requirement that is required, Your Honor, is that this demand has to be accompanied by a certificate which states certain pieces of information. This is all in the code section. I have quoted that. That certificate was not present with that July 19th communication nor any of the information which is required.

*793 9 There's a fair amount of case law that says if you don't get that information, State doesn't get that information, Court doesn't get that information; then that does not trigger the demand, the 180-day demand for the man to be brought back and for him to stand trial, that hard deadline of 180 days.

Well, during this time in August 31st, 2012, so forth, we were again in communication with Mr. Ed Perez, the administrator or some sort of a fellow down there at the federal loading facility where Mr. Lasker was now incarcerated. We were exchanging forms and so forth, assuming at this point that we were operating under Article 4, which is -- which is the provision which we use in order to get a prisoner back.

Now Article 3 is the prisoner wants to come back. Article 4 is the prisoner doesn't want to come back and we are trying to get him back. We were working under that presumption. We were communicating with the people in California to get the various forms. And it was a lengthy thing. We had an Article 4 form. We had -- you know, there were a number of forms we had to get. We were filling them out and sending them back. Quite frankly, that took some time.

Then when we requested a particular form we got -- on February 8th of 2013, we got one of the forms we *794 10 had requested, but we also got what was described as another motion for him to be brought back made under Article 3. Now I believe that was February the 8th, 2013. That took me a long time to figure out whether or not we had, in fact, received that certified mail. We would stipulate, however -- although, I don't have the green copy in front of me. We did receive that on or about February the 8th of 2013.

Okay. Arguably, that trips the 180-day deal. The problem was, of course, that certificate, although was accompanied, was part of the -- was part of the communication -- part of the Motion was not complete in two respects. Number one, it left blank the date of parole eligibility. Also left blank any mention of the decisions may or may not have been made by the Parole Board concerning the inmate. Of course, this is almost half of the information that is required that we get prior to the tripping of that 180-day guideline -- or not guideline, that hard date.

Okay. So the long and short of it, we arguably we have a correct Article 3 request to be taken back or brought back for trial; however, the certificate is itself -- it comes certified mail with stipulation; however, we have a certified -- we have a certificate which is, in fact, defective at least in half the respect. And, of course, the case law says if we don't get all this

*795 11 information then the 180 days is not tripped. So our position is that the initial one in July and the one in February in and of themselves are defective. We haven't gotten the proper notice we were entitled to and that is supported by the case law concerning whether or not this person is going to make a successful Article 3 -- Article 3 demand to be brought back to trial.

Well, anyway, time marches on and we are successful, either through Article 3 and/or Article 4, to eventually get this man back. I believe on May 1st of 2013, we forwarded the various IAD Form 6 that had now been signed by the proper Texas IAD administrator to the federal warden. Then less than a month, on May 31st, 2013, Mr. Lasker is brought back here to the -- to Waller County.

Now, on -- frankly, the Court can recall this because it was kind of unusual, I think. On June 4th of 2013, which would have been before the running of our 180 days, of course, we brought Mr. Lasker in for his initial court appearance. As you recall, Your Honor, I make this recitation here in the -- in the facts and in the arguments, he stood before you and said, Judge, I have a number of motions which I demand -- actually said I demand that you hear them.

Well, the Judge quite properly -- Your Honor quite properly said, Well, sir, you don't -- do you want *796 12 counsel? He didn't make any real response to that, but the long and short of it, prior to that in one of his IAD Forms, particularly the one filed on February the 8th, he checked off the box saying, I want court-appointed attorney. So you are stuck -- Court is stuck at this point.

You are saying basically he has these contested, substantive motions and he is requesting court-appointed attorney, hasn't been assigned one yet; so the Court had no alternative, I believe. We would suggest on June the 4th of 2013 that was, in effect, a reset of the case so he could get counsel. He was assigned counsel, I believe, very shortly thereafter. I believe on June the 4th, the Regional Public Defender was assigned on June 4th, 2013. For whatever reason, which is probably not important for this hearing or any other hearing, on June -- they got switched around because that was not an appropriate thing. Mr. Blazek was appointed and then Mr. Carter was appointed on June 6th.

We had an opportunity to discuss. And I don't have the specific date when that was, but I do remember us talking -- to talk informally with Mr. Blazek and it became very clear to us, to the State, that this deadline was important to the Defense and they weren't going to do any -- they weren't going to take any effort to get their man into Court for any kind of motions or that sort of thing. We took the initiative. And on September 9th, 2013, the Court heard

*797 13 and granted a second continuance for good cause shown and we laid it all out there. That is pretty much where we are now. November 4th, 2013, that was the Continuance date, I believe, that the defendant was there with counsel. He waived arraignment and there was a scheduling order.

The second part of my paper, Judge, my little missive there to the Court, is the case law that substantiates that. Now I would put in another argument. And I am not going to spend a whole lot of time on that. There is a -- there is this fundamental idea that the various branches should not interfere with the others. And it would be my position that this Legislative creature, this 180-day demand that we have somebody tried, particularly in all cases, they don't make any distinction between that. They say everything from misdemeanor or whatever, you know, whatever -- all the way up to a capital murder needs to get tried from -- 180 days from the time that a demand is made. They don't even take into consideration all the time that is necessary to get the guy hauled in from wherever he happens to be incarcerated, that we have to get my guy tried within 180 days.

And really, the Draconian solution to that -- it's not like in a bond situation where you have to turn him loose on bond. The Draconian solution in this particular case is you lose the right. This is to be dismissed with

*798 14 prejudice, end of story. And it is my assertion and I have explained, cited some case law and so forth, Your Honor, that that is an improper infringement on the responsibilities of this Court; and by extension, the prosecution, to deal with cases that have been indicted correctly and have been brought to this Court correctly. And it deprives the State of the -- and the people of the State of the right to try people and to do that job, which they have been assigned by the Constitution. So there is obviously a Constitutional issue in this matter.

THE COURT: Let me get in here and see if we can clean up the part of what we will call factual stipulations that were alluded to.

MR. EDWARDS: Just going there, Judge. THE COURT: I have -- in your argument here as

I followed your brief, I have come up with about 20 and I think probably in order to expedite it, Mr. Blazek and Mr. Carter, what I will do I will just cover each of these in the factual portions here and determine whether or not they are stipulated and whether or not we need to receive additional evidence on any of these factual stipulations. Does that seem reasonable, sir?

MR. BLAZEK: Yes, it does, Your Honor. THE COURT: All right. The first one that I

have is that the murder occurred on or about March 10th of *799 15 2010. MR. BLAZEK: Judge, we don't think that the date of the offense is relevant to our IADA claim. We would ask the Court to take judicial knowledge of the indictment, it being returned, and the dates alleged there is what the State's allegations are. But we are not going to stipulate there even was a murder. But we do allow -- we would encourage the Court to take judicial knowledge of the indictment in the files and the dates alleged there to show the chronology of the events that are relevant.

THE COURT: That is reasonable. The Court will take judicial notice of the indictment itself. I do believe that date of the indictment may have some efficacy what we are doing here.

MR. BLAZEK: I agree, Your Honor. We would ask the Court to take judicial knowledge of that, as well. THE COURT: Very well, sir. The first matter would be that the indictment was returned on or about January 27th of 2011. And as we are not dealing with the Suppression, then we will also not deal with the issue of whether or not the Rangers went to California.

The second matter that I see of some relevance here is that Mr. Lasker was sentenced to 121 months on or about January 30th of 2013 in the federal penitentiary.

MR. BLAZEK: Did you say January of 2013? *800 16 THE COURT: That is the date, yes, sir. MR. BLAZEK: Judge, I don't have first-hand

knowledge of that. I know that the -- and I was surprised to hear when the prosecutor said that because the first Request for Disposition occurred on July 19th, 2012. I was under the impression that he was already in the federal penitentiary. There is correspondence with that request that shows documentation that he was serving a sentence at that time. And so, I think that there may be some mistake there.

THE COURT: Mr. Edwards, I think we may have a year error there. MR. EDWARDS: Okay. I wouldn't be surprised with that. I am -- I have combed through this a number of times. Frankly, I don't have a specific federal judgment. I am taking this, quite frankly, off of -- let me see. I am taking this off of State's Exhibit Number 4.

Anyway, we got a letter from them. It is dated January -- saying "them" -- a letter from the federal correction complex there in California on January the 31st, 2013. It's in response to, I presume this is to Mr. Lasker to his Request for Temporary Custody pursuant to Interstate Compact Agreement. And then that is what got the February 8th notice marching along.

THE COURT: Well, gentlemen, I would propose we attempt to obtain a certified copy of the judgment and *801 17 sentence out of the federal court. That document thereafter would then speak for itself as to the date that that was -- that became --

MR. EDWARDS: Very well, Your Honor. I will take the responsibility on -- for doing that, Your Honor. THE COURT: Very well, sir. MR. BLAZEK: I will point out that in State's Exhibit Number 1, which purports to be dated July 2nd, 2012, Dominique Lasker's address is listed as the federal penitentiary, which normally wouldn't be in the federal penitentiary if he was still awaiting trial.

THE COURT: Yes, sir, noted. And I think that that is where we have the January 30th -- which year becomes the issue.

MR. EDWARDS: And, of course, that was the problem, Judge, is that I have got various documents that recite various locations. And they are directed to -- the long and short of it was difficult to find and I don't have a judgment.

THE COURT: All right. Well, the next thing Mr. Edwards had cited in his motion is that on July 19th of 2012, there had been a Notice and Demand to district attorney and that dealt, of course, with the provisions presumably under Article 3. So would there be a stipulation that, in fact, a Notice of Demand to district attorney for trial

*802 18 disposition was received by the State on July 19th of 2012, that was not mailed by certified mail?

MR. BLAZEK: We so stipulate, Your Honor. THE COURT: Very well, sir. MR. EDWARDS: That is our State's Exhibit

Number 1, Judge? THE COURT: It is, sir. The next matter that I have noted here is the

Motion did not contain certain requisite information that was outlined in Mr. Edwards' motion dealing with parole eligibility, good time calculations, decision to the parole board.

MR. BLAZEK: That doesn't require stipulation, Judge. That is just something -- the document speaks for itself and the statute speaks for itself so...

THE COURT: Very well. Next matter is that on or about August 31st, 2012, Waller County requested and received IAD Form 5 pertaining to Article 4.

MR. BLAZEK: We're willing to so stipulate, Your Honor. THE COURT: Very well, sir. January 2nd of 2013, the State sent a request

to the warden of the holding authority, Request for Temporary Custody.

MR. BLAZEK: Defense would stipulate to that, *803 19 as well. THE COURT: Sir, you can maintain your seating. We will give you plenty of exercise on other things.

MR. BLAZEK: Thank you, Judge. I was thinking about it if I do this for every one of these, I am going to be exhausted.

THE COURT: There was a notice delivered on February 8th of 2013, pertaining to the IAD Forms on Notice of Untried Placement. That was initiated under Article 3 of the Interstate Agreement.

MR. BLAZEK: If you will recall, Judge, that is one where the State is willing to stipulate they received that by certified mail. That is -- and we do agree to that stipulation and I think that is State's Exhibit Number 4 attached to their response.

THE COURT: Is that correct, Mr. Edwards? MR. EDWARDS: That's correct, Judge. Again, I

don't have the green copy, but I personally communicated with the folks in California. They said they have a green copy with our office's signature on it.

THE COURT: Very well. So that stipulation is is accepted. What we may end up doing is we may go back into the court reporter's record, determine these, formalize *804 20 them as a better way. The next three stipulations basically -- and I am not saying that they are stipulated. I am requesting if they are stipulated or not, would be the facts of April 8th, the -- April 17th, 2013 sending of the forms, and the May 1st of 2013 forward of the IAD Form 4. Are those stipulated?

MR. BLAZEK: Well, Judge, I am not sure -- you have said the dates. I am not sure what events happened on those dates. If you could be more specific or if the State could refresh my recollection on those.

MR. EDWARDS: Look at Page -- THE COURT: Page 4, roughly the top half of

the page. MR. BLAZEK: Okay. Let me get there. So the April 8th, April 17th and May 1st? THE COURT: Yes, sir. MR. BLAZEK: We, too, would stipulate to those

facts. THE COURT: Thank you, sir. By -- Mr. Edwards, for clarity because this is your Motion that I am referring to, I am assuming the State has now stipulated to these, as well?

MR. EDWARDS: That's correct, Judge. And we will check on the last one, that certified judgment. I don't have any great information on that.

*805 21 THE COURT: Date of return of Mr. Lasker to be May 24th of 2013. MR. BLAZEK: That is our stipulation, as well. THE COURT: Mr. Lasker's first court appearance in this court was June 4th. MR. BLAZEK: And, Judge, I wasn't present but we would ask the Court to take judicial knowledge. I mean, the Court was here or not. And if it was, well, then you will know that he was here and whatever happened happened on that date. We don't have a transcript of it or a Statement of Facts, but we'd ask the Court to take judicial knowledge of its recollection.

MR. EDWARDS: I believe I looked at the docket sheet and determined that, Judge. THE COURT: I am looking at the docket sheet and it is an entry for 6-4 of '13; defendant present, counsel appointed through regional public defender for capital cases. So duly noted, Mr. Blazek.

That would be the next one, as well. For clarity of the record, while not necessarily germane but for further explanation, the Court did appoint the regional public defender, an organization with which Waller County does have a contract for the representation of defendants charged with capital murder. And we determined within about

*806 22 48 hours that the contract with the Regional Public Defender did not cover the time frame of the alleged incident of March 10th. Therefore, it was necessary that I find other qualified counsel, whereupon the Court contacted Mr. Frank Blazek and that representation was accepted.

I believe that does reflect the June 6th -- and I am not asking for a stipulation. The record will speak for itself, but that is by further explanation of how Mr. Blazek and Mr. Carter came to be engaged in the case.

What further stipulations, Mr. Edwards, would you find necessary or, Mr. Blazek, that you would find necessary under the circumstances to get us to where we are?

MR. EDWARDS: Well, Judge, of course I would ask for a stipulation that the certificate that accompanied the February 8th document was incomplete and in the way that I have enumerated. I anticipate a different approach, Mr. Blazek, on that.

MR. BLAZEK: The document speaks for itself. I don't think we have to stipulate that those two boxes were left blank. By way of argument, this is not -- by way of argument, I would ask the Court to take judicial knowledge of federal law and this is easy to explain.

If you were to Google the phrase "federal parole law" you would find that it is virtually an anachronism because people that are sentenced in the modern

*807 23 era aren't eligible for parole. There is no parole eligibility date and there are no actions that the federal board can take on the vast majority of federal convicts. There are a few rare exceptions if people are convicted out of the District of Columbia or if they were convicted prior to, I think, 1987 or '88 that would be relevant. But the fact that these were left blank, we would argue doesn't mean they are incomplete. It just reflects current federal law, that there is no parole eligibility date and there are no actions.

THE COURT: For -- MR. BLAZEK: That is argument; not a fact

stipulation. THE COURT: For completion of the record, the four exhibits that were filed by the State on their Motion, they speak for themselves. I'd like to see if we can get these incorporated into the record for any further review.

MR. BLAZEK: Actually, they should be admitted into evidence, Your Honor. THE COURT: State's 1, 2, 3 and 4, accompanying the State's Response to Defense Motion to Dismiss are admitted into the record for the manner in which they are presented, not necessarily for any validity of the content.

(State's Exhibit Nos. 1,2,3,4 offered and *808 24 admitted into evidence) MR. BLAZEK: The only additional fact that I

think needs to be established by stipulation is that my client was in federal custody, federal penitentiary, pursuant to a federal conviction at the time that he made his request that are reflected in, I believe, State's Exhibits 1 and 4 that are now in evidence. And also, the Court -- well, that is by way of stipulation. There is virtually every content in the file the Court needs to take by the Court's file, the Court needs to take judicial knowledge of. And we would point out that for those motions received by the State, there is corresponding motions received by the Court.

In each of the three cause numbers there is a Request for Speedy Disposition under the IADA comparable to Number 1 and Number 4. And the district clerk was able to keep records, kept the envelopes so you can tell that the State's Exhibit Number 1, its corresponding was received by the Court by first-class mail. State's Exhibit Number 4 envelope in the Court's file shows that it was received by certified mail.

And so, if the Court takes judicial knowledge of the contents of its files and if we can resolve when he was in prison in the federal prison, I think we will have all the facts necessary for the Court to make a ruling on this case. But we might want to wait on that until we do that. I

*809 25 am -- I am confident that my client was in the federal prison at the time he made the request, but I understand the State's hesitation until they get that judgment. And then I would be prepared to make argument once that issue is resolved.

THE COURT: The Court does take notice of all of those matters and knowledge of the matters that are contained in these three particular indictment files being 13703, 704 and 705. And, yes, since Mr. Edwards is going to undertake getting the certified copy of the federal judgment, that final one will have to wait until we get that so we can determine the actual entry date.

MR. EDWARDS: Actually, somewhere J.R. is working on that. We may be able to do that forthwith. Frankly, he was -- it is our understanding and we will substantiate this here when we get a judgment, that Mr. Lasker was in some kind of custody continuously from the date of his arrest in California until this date.

In regard to State's Exhibit Number 1, so forth, I have to reiterate that while this Court may have received their copy first-class, I have no way of knowing. I don't have the envelope any more, don't know whether we kept the envelope. I have no way of knowing that. And that, of course, goes to the -- you know, the rationale for requiring certified mail to be the argument.

And as to the other issue concerning the *810 26 parole, I mean all they had to do was say none or not applicable instead of leaving the requesting state up in the air. Of course, that speaks also to the rationale for why that information is even required. Thank you, Your Honor.

THE COURT: All right. All right. So with the exception of that one item that is remaining outstanding, which we may or may not be able to solve here in the near term, further arguments that you wish to make on the Motion?

MR. EDWARDS: May I have one moment, Your Honor? THE COURT: Sure. MR. EDWARDS: Judge, what counsel would ask

the Court also is to take into consideration prior arguments already heard in this Court.

THE COURT: So noted. Mr. Blazek. MR. BLAZEK: Yes, Your Honor, well, there are

two requests and, you know, I will concede that the second request, State's Exhibit Number 4, that is a much better request and is much more likely to be sustained as a valid request achieving everything that is required to make it a valid request than the first.

But on the other hand, there is still a possibility that the first one may be sustained. You know, again, there are lots of problems with it. If you look at

*811 27 the case law every -- every case is factually different and every case is factually treated differently. And I am sure the State will come up with a compelling argument of why the many, many failures of -- in this first request meet its fate.

We are going to make an argument that if you look in the totality, you know, similar to the argument made in that Votto case that the Court of Criminal Appeals ruled on. The Corpus Christi Court of Appeals thought, well, yeah, there are lots of deficiencies, but if you look at his Motion to Dismiss that followed his request that corrected it, it solved all the problems, all that adequate information was there. His case is a little bit different. There are different facts. And so, we are going to be making a similar argument. Again, some Court is going to have to review it and say is this closer to Votto or closest to one of the others that says it is sufficient. And so, they will judge on that.

But on the second one, I think the State is going to have a hard time convincing any court that it wasn't complete. It satisfied procedurally the mechanism. The two things that were left blank were appropriately left blank. Admittedly, there are other ways to do it besides leaving them blank. They could have said none, not applicable, there are other ways to do it, but blank is also accurate, I

*812 28 believe, in the context of the circumstances of this case. Now assuming that we have a valid request for a speedy disposition, then the question is, well, what is the date that this case should have commenced trial? If it is the first one, my calculations say it should have been commenced on or before January 14th, 2013. Well, our client hadn't even arrived in Waller County by that time. So if that is the one, then we win clearly.

If it is the second one, again, the date is August 7th, 2013, is a different date, later in the year. If the February 8th request was a valid request, the 180 days is August 7th. And the State's argument that that one court appearance by the defendant without counsel constituted some event that necessitated a delay, I don't think we will withstand scrutiny on appeal.

It appears to me there were motions on file. The Court will take judicial notice what motions were on file. I believe the significant ones that implicitly he was talking about was his Motion to Dismiss pursuant to the IADA claim. I don't think requesting a Hearing on a Motion to Dismiss under the IADA claim is going to constitute some cause for delay and; therefore, negate his ability to present an IADA claim.

But there was no event that would have prevented the State from requesting a setting, requesting a *813 29 trial prior to August 7th, 2013. The defendant was in custody. He had counsel prior to August 7th, 2013. They could have requested a setting and forced the Defense to make a decision, do we want to take advantage of our dates pursuant to the IADA claim or do we want to ask for a continuance.

So the Defense would have had that option. If the defendants had asked for a continuance and if the Court had granted it, well, that would have solved the State's IADA problem because the delay was requested by the Defense and the delay was granted by the Judge in a Motion for Continuance and; therefore, we couldn't complain that we were being denied a speedy trial because we are the ones asking for a delay. But that didn't happen. We were never asked, Do you want to go now or do you want a speedy trial? The only thing on file with the Court was a Request for a Speedy Disposition and Request for Dismissal.

And so, we were entitled to a speedy disposition at that time and ultimately entitled to a dismissal after August 7th, 2013. So, you know, those are the facts. No one can predict with certainty how the law is going to apply in any of these things and, admittedly, it is technical.

My understanding is under the case law that Ex Parte Oscar Doster, which came out of Freestone County, Court *814 30 of Criminal Appeals has held that if the IADA claim is valid, the trial court should deny it. If the trial court -- if the trial court grants it -- excuse me -- if the claim is valid, the trial court should grant it and dismiss the case. The State would then have the right to appeal. That would be an appealable decision. They could appeal it to the Court of Appeals and wherever it goes from there. If the trial judge denies it, the defendant cannot appeal that decision. They have held it's tantamount to ruling on a Motion to Dismiss for Failure to do a Speedy Trial. They say, Well, you can appeal that after a conviction if it ever occurs -- happens.

I would think there is -- unresolved as whether or not we can resolve this pre-trial if you deny it by Mandamus. So if this Court grants it, I am sure the State will appeal and make sure their arguments are fully heard by the Court of Appeals. It will be accelerated and that will take place.

If this Court denies our motion, then Mr. Carter and I have to make a decision, will we seek Mandamus? If we do seek Mandamus, then the appellate courts will have to decide two things: Do we have an adequate remedy based on appeal so that Mandamus doesn't apply; and/or, two, are we right or wrong on the law? They might deny our Mandamus -- they could deny it because we are wrong or they could deny it because we have a remedy on appeal if

*815 31 they make that argument. There may be some other creative arguments that I can think of. Either way I'd like to try to get this matter resolved as quickly as possible because it may be determinative in a number of ways.

So we think we are right, especially with regard to the second request, which we think satisfies every aspect of the Interstate Agreement on Detainers and the time limits just weren't met. We think we're entitled to a dismissal. And so, we would urge the Court to do that.

THE COURT: Further? MR. EDWARDS: Well, just to reiterate again

what we have talked about. It is our position, Judge, that the first notice was clearly defective in a number of respects. It is very clear from the case law that if a certificate is not there, then it's gone. Secondly, we didn't get it by certified mail; again, it's gone.

The second request, Judge, our position is that it's defective in that it didn't contain the information that is required by the law in its certificate.

And then, thirdly, even if you were to say it was effective, then I don't know what else this Court could have done when we came into Court here and the defendant says I have motions to be heard. If we had gone forward with those motions and arguably he had lost, then you have got a situation where I am not represented by counsel and I

*816 32 requested to be represented by counsel. It is a catch-22. The Court did the proper thing. This Court reset the case so he could get counsel. That is where we are right now. If that is the case, then we are in good shape as far as the time frames here. Our position, of course, are diametrically opposed to defense counsel and this -- I don't know whether it's an argument necessarily that it's a little bit more convenient to have this thing granted as opposed to denied, but the law is not there in regard to that. And we would ask that you deny that motion.

THE COURT: Very well. MR. BLAZEK: Do we have a timetable when we

are going to find out about the date of conviction? Any idea?

MR. EDWARDS: He's working on it now, Judge. MR. MATHIS: We've got the subscription to the

federal courts. He is going to see if he can just print out the judgment; won't be a certified judgment.

MR. BLAZEK: That's all right. I bet it will tell us the date. MR. MATHIS: He is trying to pull it. MR. BLAZEK: Judge, we just ask that you wait

until that is part of the record before you rule so we will have a complete record.

THE COURT: I will do that. And we will wait *817 33 pending that. While we have you in court, I am going to ask that we go off the record and ask you gentlemen to approach so we can talk about a couple of other preliminary matters that has to do with administration of the case.

(Discussion off the record) THE COURT: Back on the record. Let the record reflect we had a brief

conference at the bench dealing the scheduling of matters and the attaining of information, and during that brief recess the document was delivered to Mr. Edwards. Mr. Edwards, would you like to proceed on that?

MR. EDWARDS: Yes, Judge, I'm going to run a couple of copies, but I'm going to tender what appears to be a judgment, United States District Court, Southern District of California, file-stamped by the Clerk of the U.S. District, December 16th, 2011. That would be the date of Mr. Lasker's sentencing. And I would presume sometime after that he was transported to the federal penitentiary; again, don't know the exact date of that.

THE COURT: Very well. Mr. Blazek, do you have any objection to that document? MR. EDWARDS: Tender that for inspection, copy when we get a chance. MR. BLAZEK: No objection to State's Number 5. *818 34 And based on that, we would -- we would ask if the State can stipulate that at the time that the defendant signed and submitted State's Exhibit Number 1, his first Request for Speedy Disposition under the IADA, that he was serving the time in the federal prison at that time.

THE COURT: First then State's 5, Motion -- Exhibit 5 is admitted. (State's Exhibit No. 5 offered and admitted into evidence) THE COURT: Mr. Edwards, on that stipulation? MR. EDWARDS: This is on State's Exhibit

Number 1. MR. BLAZEK: State's Exhibit Number 1. MR. EDWARDS: Again, the document speaks for

itself, appears Mr. Lasker signed it on July the 2nd of 2012, so that would post-date his sentencing.

MR. BLAZEK: In theory, he could have been out on bond on appeal, but stipulate that he was -- MR. EDWARDS: I'll stipulate that he was in custody at that time. THE COURT: Very well then. That becomes an additional stipulation for the record. MR. EDWARDS: We will have some copies for you shortly. THE COURT: Very well then. That appears to *819 35 conclude our argument on this. Are there any other matters need to be taken care of today?

MR. EDWARDS: Nothing from the State, Your Honor. MR. BLAZEK: Nothing from the Defense. THE COURT: Very well. I do note in the

gallery there are a number of people that are interested in this case. Ladies and gentlemen, I appreciate your interest in what is going on. These are significant matters. It is certainly something of note in your lives and I understand that completely.

I do want to let you know that from the Court's perspective, the State of Texas and the Defense are handling matters as expeditiously as they can. That is from my perspective that I see that. And there are complex matters that are being dealt with here. And the scheduling of these matters does appear to take a great deal of time.

For that, I simply apologize to you because these things are not meant to be convoluted in any way. But when we are dealing with the matters of life and death as we are right now, not only of the victims of this alleged offense, but also with Mr. Lasker's life and death, things have to be done right. It is much better to do them correctly than it is to do them quickly.

So I just beg your tolerance as we go through *820 36 this process. I do ask that you continue to stay in contact with the Victim's Witness Coordinator. And she will endeavor to keep you abreast of what we are doing in this matter.

With that, anything further we need to cover today? MR. EDWARDS: Just as a housekeeping matter -- that last document, have I given you a copy, Judge? THE COURT: The original will be Number 5. MR. EDWARDS: That is what I wanted to do. THE COURT: I don't have it yet. MR. EDWARDS: Number 5. THE COURT: With the admission of Number 5,

then we are adjourned for today. Thank you. (State's Exhibit No. 5 admitted) (Proceedings concluded, 9:55 a.m.)

*821 37 THE STATE OF TEXAS COUNTY OF WALLER

I, Robyn S. Wiley, Court Reporter in and for the State

FILED IN

of Texas, do hereby certify that the above and foregoing 1st COURT OF APPEALS

HOUSTON, TEXAS

contains a true and correct transcription of all portions of 9/9/2014 1:27:49 PM

CHRISTOPHER A. PRINE

I further certify that the total cost for the preparation of this Reporter's Record is $774.75 and was paid by County of Waller.

*822 1 REPORTER'S RECORD VOLUME 6 OF 6 COURT OF APPEAL CAUSE NO. 01-14-00631-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR COURT OF APPEAL CAUSE NO. 01-14-00632-CR

TRIAL COURT CAUSE NO. 11-01-13703 TRIAL COURT CAUSE NO. 11-01-13704

TRIAL COURT CAUSE NO. 11-01-13705 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) )

VS.

) 506TH JUDICIAL DISTRICT ) ) ) )

DOMINIQUE DONTAE LASKER

) WALLER COUNTY, TEXAS ) ________________________________) --------------------------------------------------

EXHIBIT INDEX

Proceedings reported by Machine Shorthand. Robyn S. Wiley, CSR *823 2 APPEARANCES: ATTORNEY FOR THE STATE OF TEXAS: MR. Elton R. Mathis, Jr. Criminal District Attorney

SBOT#: 24014568

MR. Frederick Edwards

SBOT#: 06435100

645 12th Street Hempstead, Texas 77445 Phone: 979.826.7718

ATTORNEY FOR THE DEFENDANT: MR. FRANK BLAZEK SBOT#: 02475500 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 Phone: 936.295.2624 -and-

MR. WILLIAM F. CARTER

Attorney at Law

SBOT#: 03932800

108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Phone: 979.779.0712

*824 3

E X H I B I T S

Number Description Offered Admitted Vol. State's 1 Documents 23 23 5 2 Documents 23 23 5 3 Letter and Forms 23 23 5 4 Letter and Forms 23 23 5 5 Judgment 34 34/36 5

*825 ·. :\'OTICE AND OE~I AND T O DiSTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR INDICTM ENTS BY FEDERAL PRISONER Domini que Do ntae La sker FROM: TO: Olftce of District Attorney ( b \..1, b ~l' <; \u.c. r ~-l.\' (. \ Reg. No. 2286 7 - 29 8 United States Penitentiary Victorville FCC

\·\ t fV\ ~ ~ f( u.J \ 'f... '7 7l-j '--\.$" PO Box XXlJl 3900 Adelanto, CA 9:230 I Dear Sir1Madarn : I. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca.12i tal Murder Charge ., " 11 - 01-13703 979-826-8282 ~ita l Murder Cha~ # 11 - 01-13704 979 - 826 - 828 2 ff 11-01-13705 979 -82 6-8282 ~ita l Murder Charge

-t The outstanding charges pending from th is jurisdiction adversely affect the conditions of my incarceration, and Jo not allow my participation in certain rehabilitative programs. I remain in a higher security classification category and the dday in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the st:ltutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty ( 1:20) days, on any and all criminal actions in your jurisdiction and/or alternatively, :hat you submit request for temporary custody to the federal bureau of prison authorities. pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers (" lAD").

Cordially, h ~

Doted'_ ';}.ol;).._./o7 I .t- ~±fl!~~~~ .--fb*~minique Dontae Lask er --'-·\..l.loL ..... ItLltto~rLU.izated by the Act of - -- -- -- ' W !TNFSS- PRI')OI\ <;1 \H \IE~ 7, 1955, aS amended, ( 'CJ I'I ES! ( JR lGI:-..A I ICJ Dl~ f!:ICf' .'fR(J~qQ.liru~tWd3lq'U:l~'-:LSccoRD~ f'O HE L'~£0 II IT II REt)t '!''iT TO COl 'RT FC JR DIS~!ISSt\l .\15 0! l'\rl l'~)E !)CI( I ~-!r'\ L \1 Ul' I !:tJ \1 111!- l" \\I' l-J;.S}~~ §;4®~)\' \ RD!'I(j f! IE \\" ~RR ·\ ' f [lET ·\I"I':P \'II) IF 1'0~!>:!11 E Y(JI ' R \f.:-.:TE:-.:I"E \Hl:--ITORI:,,; 1).1 1-\ t •\trl ":" \; ~~ t' 1''-'1 ' '' H ... · .. :,, 1\\ I'CJ \ f Jl "R !'»ROJforTr n Rf l [ \ .,F :l-\ I~

EXHIBIT

Is f.

I

\ tP I.:!\\ I 1brar~ F.>nn~ :-JuuceSpccd> Tnai -Detamer t Rev 9. II) *826 ,. COURT OF __ W_a_ll_e_r __ COUNTY IN THE District FORTHE STATEOF Te xas [ 506 District] ------~--~------ NOTICE OF PLACE OF IMPRISONMENT AND t.Jaller Coun ty Sh eriffs, ) Plaintiff, ) REQ UEST FOR SPEEDY TRIAL AND FINAL DISPOSITION ... Pursuant to . . ... . .. . ) (Tex . Code Crim.Proc. Ann.Art . 51.14 ) ) \'. (Constitution , Art. VI , § 10 ) ) )

CASE 1\0. 11-01 -13703 979-826 -8282 Dominique Dontae L aske~ ) 11-01 -13704 979-826- 8282 Defendant. ) 11-01-13705 979-826-8282 Notice is hereby given that the above-named Defendant, Ibn:inig.e D:ntae lasker is currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further show:

I. The defendant is serving an approximate term of 121 months of imprisonment from a judgment imposed by the United District Court fo r the Scuth:rn District of ------~------' ------------' ____ , ____ __ Defendant has a projected re lease date

16 2011 California o n December from federal custody on __ A___,ug"'-u_s_t _____ _______ , 13 , 20 ~· (see attached sentencing computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants, informations. charges. and/or complaints pending this jurisdiction. Specifically:

1I1

~-~apital Murder Charges ... Warrant # 11-01-13703 979-826-8282 2). Capi t a l Murder Charges ... Warrant # 11-01-13704 979-826-8282 3) . Capital Murder Charges .. . Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought fo r trial, and that prosecuting authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on Detaincrs. f he Defendant further requests in an absence o f availability of trial. an in absrenria resoluti on be arran ged. '..II' La\\ La hrary FormSJ:-.=oucc:'iptc:dy l raai·Dc:t:uner , Rev 9.'11 1

*827 4. This Motion is based upon the Defendant's Sixth Amendment spet:dy trial guarentee that is binding on the states through the Due Process Clause of the Fourteenth 1\menJment. Klopfer v . .\'orrh Carolina, 386 U.S. 2 13. 222-213 (1967). A state is responsible for a defendant's speedy trial rights. I!Ven where a defendant is held in tederal prison. see: Smith v Hooev, 393 U.S. 3 74 ( 1969). This notice would further trigger defendant's request under the lnterstate Agreement on Detainers. see: Fex v . . \1ichigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and actions required to resolve this matter by trial or settlement in absremia, including an order for the district attorney/prosecutor to seek temporary custody from tederal authorities under fAD provisions, and the dismissal of any outstanding citations, warrants, inforn1ations, charges, and/or complaints, presently pending in this jurisdiction, within a reasonable period oftime not to exceed 120 days.

Respectfully Submitted, Dated: ~0 \ ~ /o]'( 01

~~L.sker

Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031

CE RTIFCATE OF ~ERVICE I hereby certify that a copy of this document \vas mailed to the office of the di strict attorney/ prosecutor fo r this jurisdiction, addressed as below.: lJiS-\-l"t c.t At+ofV\e.. L{ ~Lito G 1

"' ~\ i,d SuAc. I 1\ev--,p&"·\cvtJ. lXl '77<-J~-5 Date: ~Old-- / 0] /3 /_::::::::; ~--- -~Offiinique Dontae Lasker \ ' IP Law L1brJr~ Fom~s, ~otrceSpccdy I nai -Octa Jn cr t ltev 9111)

CERTIFICATE OF SERVICE

*828 I, Dominique Don tae Lasker , hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition . . . pursuant to: Tex. Code. Crim. Proc . Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USP/FCC, at Adelanto, California, on this ~ day of

_ ,::....\...L.:::::c::....~v~r-.....:.<WA.~.:.._I '~1..--- ____ , 20 12 , with sufficient postage affixed. It would be _ _ \

noted that this service would be deemed fi led at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 2).

1). District Court , 506th District District Attorney/Prosecutors Attn: Patricia Spadachene, Dis trict Clerk

OFFICE

\<laller County Courthouse

FOR WALLER COUNTY

836 Austin Ct . , Room 318 Heapstead, TX 77445-4673

~~~ ~ ~queae Lasker ~ Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 9230 I

VIP l a w l ibrary Forms/ Certificate of Service (Rev. 8/11 ) *829 ... VIPC3 540 * 23 * SENTENCE MONITORING 04 - 04 - 2012 * COMPUTATION DATA 15 : 38:24 PAGE 001 * * AS OF 04-04-2012 REG NO . . : 2 2867 -298 NAME: LAS KER, DOMINIQUE DONTAE FBI NO . . . . . . . . . . . : 201461KD 5 DATE OF BIRTH: 03-2 1 -198 4 ARS1 . . . . . . . . . . . . . : VIP/A-DE S UNIT ... . . . . . . . ... : 6 A QUARTERS ... . . : F61-11 9L

DETAINERS . . . . . . . . : YES

NOT IFICATIONS: NO

HOME DETENTION ELIGIBILITY DATE: 02-13-2019

THE FOLLOWING SENTENCE DATA IS FOR T~~S CYRRE~T COM~TMENT . TH E INMATE IS PROJECTED FOR RELEASE :~l3-2019 VIA GCT REL '. ------ ------------ ----CURRENT JUDGMENT/WARRANT NO: 010 ---------- ---------- ---- COURT OF JU RISDICTION .. . . . . . . . .. : CALIFORNIA, SOUTHERN DISTRICT DOCY.ET NUMBER . . . . . . . . . . . . . . . . . . . : 10C~4732-DMS JUDGE ..... . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . .. .. : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . .... : NO

FELONY ASSESS MISDMNR ASSES S FINES COSTS NON-COMMITTED.: $200.0 0 $00.00 $00.00 $00.00 RESTITUTION ... : PROPERTY : YES SERVI CES: NO AMOUNT: $2 ,714.5 0 ---- ----- --- ---- ------ ---CURRENT OBLIGATION NO: 010 -------------- ------ ------ OFFENS E CODE .... : 551 OFF/CHG : 18:2113{A), {D) AND 18 :2 ARMED BANK ROBBERY AND AIDING AND

ABETTING. {CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS

TERM OF SUPERVISION . ... .... ... . :

3 YEARS

DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10 -30-2010

G000 2 MORE PAGES TO FOLLOW . . . *830 ..._..;:. .. ..:·~ ..... ···~-~.... t'1r . IJorri.nique Dontae Lasker ;. .. ,:-./ 't-:,~··t·..:j ··.4•.(')...._). i '!h t•i\ t ' ·~_,., ~ .:·. ' ·1 .. :-· ·' "' _ ... __;., /·;' ~ · • · ·-~ • .... - ·· · .,;.lfiiT--.- ' -........... -.... Fed. Reg . '2286T-298 ^[0] · - .... ^[1] - - .. • ... ~ -~4,h I ~ ;~·- • ·;-• United States Penitentiary Victorville ~ )~- j 1 :zut .~:~.u:~, ~- ... ~t. ·:; ~ -·~ ;;.r ..... ···.::.: P.O. BOX. 3900 t ,n,_,."

~'W· -

.... ;-P\o.\ .. -.............,., .., ADELANTO , CA. 92301 !H.' District Attorney/Prosecutors Office 11 ' ' ' ' F'or l~aller County . .., ____ .. -· - r if' _Sb:c~L Sud -c I 2 Y 6 •:tegal Mail"

I, ·· .,

I v/,- --~\ \l"A'I'\C'o-S. tu " ~ 1 '/.. , 7 7 "-/j .r\ r ;'.' 1)/ 1 1 [ / l , ' o rs~ ^[773] s~ L N r. r.: \'I F- l·.' Ut..:l\ r; 1 c:: f'J f fJ IH'J /\RI)/ ^[1] 0 P • • Ji; 'l {;. .... ·'• ^[4] · . . ' ~ n ; :j 7 4 l "l ") ·\ tl '"-. ·; t1 D \! R ( .: : ,l S : ) 1 1. - ~ r , 7-;.-·4:::i-S:S4C.i24E 7 7 ~ ^[1] s 0~. -~a: p l t l t L I t, ! ; ! t ~ I; I t! d t1 f I ~ I ; ' I 1 t ~ !j ! f I ~ ! : ~ . 1 • :! ! ! I *831 ,:;...

t• H~,..... ..,.,.., - • ~~..,.!' .... t"1r . LJorrd.nique Dontae Lasker .- ........ :~ ... .-~·····'"··t·t:.,;.,.J; '~h til ?-' {.!• ' ·'· . • ·; -~··::·t·:~~-.- Fed . Reg. '2286T-298 - •• r r 1. - ' ' . \ .... ·- -~ - · · - ... - ·· · . .,.;. .... ,... _ :· - ~.-.:~ United Sta tes Penitentiary Victorville .· ·~ c · .. ··· \ ~.._. ...... ,;j ... "li .. -·~ P.O . BOX. 3900 Li .iUL .:: .. t t :. -. ·M: :·~ ~ /,......, -~ __ ;;. ..

ADELANTO, CA. 92301

, ,. n~: :- District Attorney/Prosecutors Office ; . . 11 11 For Waller County "·-·-·;·· :. 2Y 6 b~ SJrc~ t ~ui1-r' I ^[1] tegal Mail" •. ---4' \~N'IC'&Ut I ~ Ti- I J 7 !..(j,r) '

{

J~

r ~ · 07 ; 1G / l ? crs ~ 773 ~E 1 N ~· 0 R WA R 1) j r 0 R r r. VI F 1.'./ \rJ ll N f\ ~ . F. 1 0 . .. IJ ^[0] ~ ~l L' ~" ....

J,..

?. C : 7 7 :1 l "i ') .,; 0 ;> ·; ii D U "- :' 8 0 1 ·· l ·,, 'l ! 5 -, !. - ·~ ~~ 774:::'t~t54::i24E 7-, , , c ,nr:: \ n-.,

Urtl;; ll rlt! ! ti iJlt!IJr~ll:tj t~~lt~nr!!l!~~!·cf • Jf t , ,. .... .,I " ' "' . , " ' ' ^[4] Transmission Report WALLER CNTY D.A. MATHIS OFFICE 01 - 09-2013 04:06:37 p.m. Transmit Header Text Date/Time WALLERCNTY. DA OFFICE 9798267722 Local Name 1 LocaiiD 1 Local Name 2 LocaiiD 2

This document : Confirmed (reduced sample and details below) Document size: 8.S"x11" *832 Elton R. Mathis (979) 826-n1s (979) 82&- T722 Fax

Criminal Dis!rid Attorney ~~\tiller County January 2. 2013 Wordrn Unotrd States Penitentiary Victorville FCC, P.O. Box ^[3900] Adelanto, talifomia 92301

In Re: Inmate DOMINIGUE OONTA£ lASKER, 22867· 289 Requen for Temporary Custody (lAO Form V) Oear Wmlen, P~a.se find our county's request for tempor.~ry cu~ody so that l~ te Dominque Dontae t.asl<er mil'( stand trial for tapital Murder In Wal~r County, Teus. I have att.Khed certified copies of the indic1menU and warranu In this matter. The,. are no fingerprints or photographs b.cause the Defendant Neil our jurisdiction before arrest. He was however intenn.wed by Texas !Ungen there in talifom~. If there is anythlns more that is Meileilto facllltat~r this t-porory transfer, please let me know.

__/.!2=::-LfP~ First Assistant District Attorney Waller County, Texas

EXHIBIT

I')' ~ Total Pages Confirmed : 8 Results Remote Station Start Time Duration CP24000 7605305750 04:04:15 p.m. 01-09-2013 00:01:41

Abbreviations: HS: Host send TU: Terminated by user PL: Polled local MP: Mailbox print HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3

EC: Error Correct (~ WS: Waiting send MS: Mailbox save FA: Fall RP: Report Elton R. Mathis

645 12th Street

(979) 826-7718 Hempstead, lex as 77 445 (979) 826-7722 Fax Criminal District Attorney \/Valier County *833 Ja nuary 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301

In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody {lAD Form V) Dear Warden, Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know.

Frederick A. Edwards First Assistant District Attorney Waller County, Texas

PAGE 82/83 RECORDS 7505385758 : 09/05/2012 08:35 !AD FORM V - REQUEST FOR TEMPORARY CUSTODY CCFRM IIJI.\ULI.O FEB 94 BP-SS68.0Sl U.S. DEPART.MENT 0~ JUSTI CE FEDERAL BUREAU OF PRISONS Si x copie~. Siqned copie~ muet be ~en~ to the p~isoner and to the otficial who ha ~ the pr.isoner in c us~ody. A copy should be s~nt ~o ~ha Aqr•ement Admini~trator of both the ~ending and th ~ r Qcaiving ~tate. Copi•• should bQ . ratained by the par~on ~ilinq the raqu•~t and the judqe who ~igns the rQqUe~t. Prio ~ to tr~n3fer under thi~ Aqr•ement, an Inmnte may be a fforded a judicial hearing (Cuyler ! s imilar to that provided und~r t ha Uniform Ext:~dition Act, in which the inmatQ may bring a limitQd chAllenge to the rec~iving 8tate's raqua•t . *834 h : To: ( Warden-Superinten~ent-D~rector) - In s~ituti~n and Addre~s

u I\) ;t;.J .s-t~ t...s ?e,v, -/~J()-f,A'J J Vic. to~ v d IE" r-.C c. 1 7 .o . .Box. 3t1oo, A- oe l~j_~> 0 S l Please be advised that (Name of Inmate) 15oM• N 1 "}lA li ])o,,.Jt At: Lt=\.S Kei2...12.S{,f--1.'1¥, who y an inmate o! your ins~itution, is under (indicate appropriate] i (-eompla:tnt) indictment f"iAfeRiation) in the (Jurisdiction) 'i CJ · W ~I \ev Co(..41vfy {-etJ4.5 , of which I arn the ( Title of Prosecuting 50 (j) ('p.y ' ^[1] -\-P.l tv\LAvoev- 1\-0(- 13 =To3o/(;~p;l-..,( }kkvA.-PJo'L.LI-Of-13--:toY-/§) =.. DiSivt,'c:..f H" R OYZ.JV~ Officer) Said inmate i s therein charged with the offens s) enumerated below: _,

l \ - t? ( 3 Of'f'•n•o <•> 1 I propose to bring this per:aon to trial on thie [indicate .appropriate) ^[1] inoictment fi.JII f Wli ^[1] 1on'l ("eo•«P"ta:tnt) within the time specified in Article IV(c) of the Aqreement. In orda~ thac proceedings in this matter may be properly had, I hereby rQqua2t t emporary cu:atody of ~uch persons pursuant to Article IV(a) of thG AQraament on 0Qt41nere. Attached he~ewith find in triplicatel a . Certified copies of the complaint, intormation or indictment b. Certified copies of the warrant c. Certified cop1 Q~ ~£ finqerprint:a, photoqraph:a or phy~ical dasc~Lption r hereby aQr•• that immediately after trial is completed i n this juri.:diction, ! will return the pri soner directly to you o: alJ.ow any j uriediction you have d~siqnated to taka tEmporary custody. I aqreo Also to co l•t• Form IX, The Notice of Dis osition o! a Detainer, immediate! a!t e:r trial.

J)tS tt?··c:J · Date Pr inted Name and Signatur Title ~ \ i:ON ~ • t-1\ ~~ ti....\..S p \-l ^[011] NoV .l~ 1 20 12

( R i l\-\iN...C.I '1=J4'1-~ Telephone No.: Address : City/State: \..l..-e~p5-bt>cq.:) ,l~xlts q:rq- <J2v - ~~ t$ Ls,l...f 5' l'll.th..$+<~d I h~r•by certify that the person who~e 3iqnature appears above i s an appropriate of.ficer within ·the meaning of A~ticlc IV(a) and th3t t.he fact~ reci ted in thi 2 request fo r tempore cuatody a re co~re c~ il.nd th at:. h.avinq duly racorded said reque::!lt, I hgraby tran3mit it !or act j(on l n cordance with 1t.s term and th• ~ovi51 ons o f th~ A reement on Datainers. I

Judge 's Printed Name and Signature Da t.e tvo v :z & ^[1] 2o 1 2.. P\ I b-4v\ M. f'A.c Co..\ Court s D (p ~ ::r \.A.-0\'C\' ~\ Telephone No. w~ l \-ev- CoUA.A -t '- l e '(AS t11

(,"'

Dt 21- 0'1 "1 ~ . . ;.;'' lf-..;:~'r" (Thi3 for.m m3y be replicated via WP I ,. ··\~ . . dbt!rt M . ,'rfcC.ug, Jr. :;·,:~~,~-· =~~,'· ::.:."~~;?!fJ) jud~\!, ) 06!h Judicial Dislrict Court \.' :)~/ Wall<!r and Grim'!s Counties. rexas

_./ / I - t l - ._.., ..,_;_:r NO. THE STATE OF TEXAS IN THE DISTRICT COURT OF

VS.

*835 WALLER COUNTY, TEXAS 001\tfiNIQUE DONT AE LASKER 8/M 008: 03/21/1984

~ ~~:~ Charge: CAPITAL MURDER Section: 19.03 ~-~

Degree: CAPITAL FELONY

~ ~~~;

INDICThiENT

' \ ~~~ ~

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

~ The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn. charged, and organized as such at the January term, A.D. 2011 of the J: 506th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 1 ( 111 day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury Cause No. ll-01-13703 TilE STATE OF TEXAS IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

DOMINIQUE DONTAE LASKER

*836 506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21 /84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS -GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MULTIPLE, a felony.

WALLER(QUNTY, T XAS

BY:-- ~~d : ·. ^[4] n / F. ' Haggard, Deputy

SHERIFF'S RETURN

CAME TO HAND the _ _ _ day of ___ _ _ __ , :.tt ___ o'clock _ _ .m., and executed by arresting-- - - - -- - -- - - - - - -- At , in _ ___ __ County, Texas, and placing him/her in the Waller County Jail on the day of _ ______ __ _

- -- - - - -- -- - , Sheriff Mileage miles County, Texas - -- - -- --

Taking Bond

By: _ ___ _ _ _ _ _ _ _ C ommitment Deputy

THE STATE OF TEXAS

*837 IN THE DISTRICT COURT OF

VS.

WALLER COUNTY, TEXAS '-- 'C~, L JuDICIAL DISTRICT DOMINIQUE DONT AE LASKER B/M DOB: 03/21/1984 Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of th 506th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury .• Cause No. 11-01-13704

THE STATE OF TEXAS

IN THE DISTRICT COURT OF *838 vs.

WALLER COUNTY, TEXAS OOMIMQUE DONTAE LASKER 506TH JUDICIAL

DISTRICT

Black/Male DOB: 03/21/84

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS -GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing bow you have executed the same. Witness my band and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, TEXAS BY: ,{,!fgfd L z;/

/ Fi Haggard, Deputy SHERIFF'S RETURN CAME TO HAND the day of , at o'clock - - - -- -- - -- - - - - _ _ .m., and executed by arresting------ - - -- - - - - - -- At , in _ _ __ __ County, Texas, and placing him/her in the Waller County Jail on the day of _ _ _ ____ _ _ _

Mileage miles - - - - - - - - County, Texas Taking Bond By: ___ _ _ _ _ _ _ _ _ Commitment Deputy I I · C I · l 3 lt/:J NO.

THE STATE OF TEXAS

*839 IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS

wt !6,-d- JUDICIAL DISTRICT 001\tfiNIQUE DONT AE LASKER B/M DOB: 03/2111984

~ .. f~ Charge: MURDER Section: 19.02 Degree: FIRST DEGREE FELONY

~- - . INDICTMENT ~ ~~!I ~ ...... ., ·~lhi ~ ....... \\ ll'l THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, , empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of 506th Judicial District Court of said County, upon their oaths present in and to said Co 3': at said term that DOMINIQUE DONT AE LASKER, hereinafter styled Defendant, on or about the ll 111 day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury .. Cause No. 11-01-13705 *840 THE STATE OF TEXAS IN THE DISTRICT COURT OF WALLER COUNTY, TEXAS VS.

DOMINIQUE DONT AE LASKER

506TH JUDICIAL

DISTRICT

Black/Male 008: 03/21184

CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONT AE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with MURDER, a felony.

/?f.? Haggard, Deputy

SHERIFF' S RETURN

CAME TO HAND the day of , at o'clock --- -- - - - - - -- - - _ _ .m., and executed by arresting - -- - - - - - - - - - - - - - - - At , in ______ County, Texas, and placing him/her in the Waller County Jail on the day of ___ _ _ _ _ __ _

I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the ser vice of other process in this case during the same trip. FEES: Making Arrest

- - - - - - - - - --- , Sheriff Mileage miles County, Texas Taking Bond

By: _ _ __________ _ _ _ Commitment Deputy *841 OS Postmark Here SENDER: (}MPLETE THIS SECTION • Complete Items 1, 2. and 3. Also complete

item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. B. Received by (Printed Name) • Attach this card to the back of the mailplece, or on the front If space permits. D. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: 3. SeMce 1)tpe ~lfled Mell 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 0 Yes

4. Restricted Delivery? (Extra Fee) ' 2. Article Number 1

7002 3150 DODO 3 0 33 716 1

(Transfer from setvice label) PS Form 381 1, February 2004 102595;02-M-1540 Domestic Return Receipt

I

*842 Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, lexas 77 445 (979) 826-7722 Fax

Criminal DistrictAttorney VValler County May 1, 2013

Ms. linda T. McGrew Warden, FCC-USP c/o Correctional Officer J. Kaawaloa P.O. Box 5400 Victorsville, CA 92301 RE: Dominique Lasker, 22867-298 Dear Warden McGrew:

Please find enclosed lAD Form VI signed by the Texas lAD Administrator. I believe this was the last form needed to effectuate the transfer of Dominique Lasker into Texas custody. Please do not hesitate to contact me with any questions or concerns you may have, and let Chief Deputy Joe Hester at the Waller County Sheriff's Office (979-826-8282) know when Mr. Lasker is ready for transport. Thank you for your help in these matters.

Sincerely yours, ~~ Elton R. Mathis Waller County District Attorney

En c. Cc: R. Glenn Smith

Waller County Sheriff

EXHIBIT

1s1 3 *843 . IAD FORM VI - EVIDENCE OF AGENT ' S AUTHORITY CDFRM ,lP-Ail 5 'l4 t\PR 10

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS Five co p1es. All copies, with original signatures by the Prosecutor and the Agents, should be s ent to the Administrator in the RECEIVING Scace. After signing all co pies, the Administrator should retain o n e copy f or his file, send one copy to the Warden, Superintendent or Director of the Institution in which the pris oner is loca ted and return cwo copies to the Prosecutor who will give one to the Agents for us e in establish~ng their authori t y and place one in his file. On e copy should also be forwarded to the Agreement Administrator in the sending file.

Ev idence of Agent 's Authority to Act for Receiving State (Administrator and Address) ~e.c.- L? s ~ To: ).._\.J4. l . ~(!.~r~' '-'{..,J..,_

y.O . Boi- ~Jft()O \f;L.~r-"d\~ C!...A.

Inmate (Name and Register No.) is confined in (In stituti on and address) FC.C.. V ~c.A:or.t~\1-e,. ~""'{\~')'. - US? Vo4V'-'-'"'''t'e. Do~e.. ~~-s'«.r 1 P.o. 'Bo?'- 5¥D o c9.8-..COfo!- 2~2:>

d."'+~ c.. t:.::ol<c:.:u luLv ..:usc:vuy ot sa1d Inst.itution on (date) for :~nri wi 11 h r. return co the Count y of ------~Yd~~~A~~~~~~~~~-------------------------------'S tate of

Te)<tt S for tri a l. In accordance with Article V(b), of sai d Agreement, I ha ve designated: ~~~~~~partme nt Repres ented

~ ~ !y/UYJ &ssd

whose signatures appear below as Agents to ret urn the prisoner.

(Agen t's Sign a ture) (Agent's Signature} Dated

. .D.A-. *844 .. · a , ~ - • /?114!$ ~ ~ rf

a.

d. City/State - b. e. Tel ephone No - C\lc:t 8 Z.(.- 1''1 } P> &vidence o~ Agent's Autbority Continu•d To: ( Warden-Superintendant-Director ) h\ek. I . \")cl'Or4-~, \d:_._,~ r- In accordance with ~he above cepresentationa and the provi~ione o£ the AqreemQnt on Detainers , thGI persons li sted above are hereby d •aiqnated aa Agent$ for thea

TG)i.ft S Statca of to return (In~ate' s Name ~a <1. Ij.fgist:er No.) J..A=$\(.&:R:~ DCM:£ttmvt/ 'Db!/TAtf

d¢B:j;.];-- ~~ to the county ot h{8L4t:j! , Stat e ot , for trial. --~ At the completion o~the tri.etl (I nma t e) J..ASJ4:{~. Pof'I\:Z:-,.·Ir:'qutF ;i>ol-/7,:je ~&7- rflf'!Z shal l be returned t o the ( lnetitution and Add:cees ): -r-a.c.. tf.'~ -/rv-J ;lie. t!oftA..fkx - J 5 P

P. ().

~"'/) 0 13Z>,K A./4/~-lo) C;tf 9~3D/ Dated a. Name-\~ L) t\L\n\-5-.J\ \\E?,\6LSI)'l3\/z

c . City/State

.. Q..~~ (\C'\ d. Telephone No. b. Address ~ ' C\&.o- l\6l)-LD_4~

PO~

~ ~ ~ Prescribed by P5875 2 BSLSBEc:ii39L *845 ..

·- ..., 0 (")

;::. ~ Cl - 0 ..... ·- ::l • . ~ a ~ ~ a ..c ~ ~ ~ ~ ~ ..Jl j ~

~

=I ~ . l ! • ) . . ~' ""\ ; j ~ . . ... , I .' "':"' j ; ,J • ') : . ) , . i . . I

*846 U.S. Department o f Justice ?o I" r-....

Federal Bureau of Prisons

,,, 10 ·· : L ^[1] J : : ~ q -· .J Federal Correctional Complex Off1ce o f che Correct1ona V:c corvJllB, Ca 1forn1a Ja nuary 31, 20 1 3 Office o f th e District At torney Elton R. Mathis , Criminal District At torney Waller County 506th Judicial Distr i ct 6 45 12th St reet Hemps te ad, Texas 77 445 Re: Las k e r, Domini que Don t ae

STATE CASE/REFERENCE NO. 11 - 01-13703; 11-01-13704; 11-01 - 13 7 05

Dear Mr. Mathis: In response to your r~quest for temporary custody p ur s ua nt t o the In tersta te Agreement on Detainers Ac t (IADA), applicabl e forms ar e e nc lo sed. Pl ease b e advised subject has been notified o f your r e quest and has been af forded a 30-day period in which to con t ac t t he Wa rden of this in st itution as to any re a son s why he should not be produ c ed in your S tat e pursuant to the Agreement.

X The inmate ha s wai ved this 30-day period. You may contact this facility di rectly to arrange for temporary custody. The inmate has el ected this 30-day period, provided under Article IV (a), which expires on DATE ) . Any court proce e dings must occu r after this date. Pl ease remit to this office the original complet ed Fo rm VI , "Evide nce of Agent' s Authority to Act fo r Re ceiving S tate" (BP-A564) t he !AD Form v ( BP-56 8) a nd I AD FormVI !BP-56 5). a nd o ri ginals o f Th e p e rsons designated a s agents to re tu r n th e prtsoner to your S tat e mus t a lso b e th e p e rsons whose sig natures ap p ea r on the Form VI . Naming alternative age nts would be advisable in case your primary agents cannot mak e th e trip. The alternate agents' signa tures should als~ a ppea r on the Form VI. Als o b e advised th at t he d es ig n ated agents must have in thei r po ss e ss ion a c o py of the warrant when assuming custody of th e prisoner.

EXHIBIT

Exhibit I .Sf. !f *847 Two ?age R£ : L.:Js ker, Oomin1qu e Oontae

negist er No . 22867-289 Inmates who are temporarily transferred pursuant to the !AD remain under the primary jurisdiction of Federal authorities. Should you accep~ temporary custody of this inmate, we wish to remind you that under Article V(e) of the IADA, you are required to return the abov e named inmate to this institution after prosecution on a l l pending charges. While this inmate is in your temporary custody, he/she will be held in a suitable jail that meets the level of security required by the Bureau of Prisons. In addition, security requirements fo r the inmate must be met. Two law enforcement escort officers, handcuffs, martin chains and l eg irons are required. Con tract Guard Services are not allowed. Any problems associated with this i nmate must be reported to t he individual listed below. This inmate may not be released on ba il or bond or any other agency while in your custody . Additionally, this inmate is not to be committed to a state correctional inst itution for service of any state sentence(s) that may be imposed because of your prosecution. To help us with processing, please fill out the enclosed ce rt if i cation form and return to us before scheduling a date for assuming custody. Before making scheduling arrangements, please contact this individual below to ensure all required paperwork and approvals have been met. If you have any questions on this matter, please call: D. Wren, Supervisory Correctional Systems Specialist at 760-530- 5 7 48.

Sincer ely Linda T . McGrew, Warde n m.u~ Is/ D. Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239 BP-A565, !AD/State Writ - Prosecutor's Certification Form cc: Clerk of Court S tate IADA Administrator *848 - 13 P-S235 (5 1 ) IAD -NOTICE OF UNTRIED INDICTMENT U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

INMATE NAME: fNSTITUTION: REGISTER NUMBER:

FCC VICTORVILLE COMPLEX

LASKER, DOMINIQUE DOra AE 22867-298 Pursuant to the Interstate Agreement on Detainers Act, you are hereby infonned that the following are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER CAUSE #11-0 1-13703, 11-01-13704 AND 11-01-13705. You are hereby further advised that the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Your request for final disposition will operate as a request for final disposition of all untried indictments, information or complaints on the basis of which detainers have been lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed upon you, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined. Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are now confined. You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may oppose the request that you be delivered to such prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or h d r or ere sue e Jvery.

d d Linda T. McGrew,

DATE:

NAME AND TITLE OF Complex Warden

CUSTODIAL AUTHORITY

August 31, Charles E Samuels Jr. 2012 BY: D. Wren, Correctional Director, Bureau of Prisons Systems Specialist

DATED:

INMATE SIGNATURE Origrnul lruna1c Copy: J&C File Cc mrallllc *849 BP·S236.0SI lAD- PLACEMENT OF IMPRISONMENT CDFRM FEB~ U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS

WALLER COUNTY, TX Court: Jurisdiction: 506th JUDICIAL DISTRICT WALLER COUNTY, TX And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or complaints are pending, you are hereby notified that the undersigned is now imprisoned in: Institution: Federal Correctional Complex- United States Penitentiary P.O. Box 5400, Victorville, CA 92301 And l hereby request that a final disposition be made of the following indictments, information or complaints now pending against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

I hereby agree that this request will operate as a request for final disposition of all Wltried indictments, information or complaints on the basis of which detainCf8 have been lodged against me from your state. I also agree that this request shall be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my tenn of imprisonment in this state. I also agree that this request shall constitute a cons~nt by me to the production of my body in any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers Act and a further consent voluntarily to be returned to the institution in which I now am confmed.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court or officer and return this fonn to the sender. Forms BP-8238(51), Certificate oflrunate Status, and BP-S239(51), Offer ofTo Deliver Temporary Custody, are attached. Dated:

lrunate 's Name and Register No.: LASKER. DOMINIQUE DONT AE January 30, 2013 Federal Register: 22867-298 The irunate must indicate below whether he has counsel or wishes the court in the receiving state to appoint counsel for purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel will be construed to indicate the Irunate's consent to the appointment of counsel by the appropriate court in the receiving state. A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

Vrequest the Court to appoint Counsel. (lrunatc's Signature) ,......-;; (

Record Copy· Sllle lAD Adrninistntor, Copy · J&C File; Copy· Central File (Sect. I): Copy. Proseeuling Official ( Mail Ceniried Relwn Rcceipl); Copy. Cleric ofCoun (Mail C~ificd Rerum Rcccipl) *850 1

f

BP-S238.0.SIIAD- CERTIFICATE OF INMATE STATUS CDFRM Fcbnuty " 94 FEDERAL BUREAU OF PRISONS U.S. DEPARTMENT OF JUSTICE

lnmate's Name: Register No.: Institution: FCC VICTORVILLE LASKE~ DOMINIQUE 22867-298 DONTAE COMPLEX

121 MONTHS

2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS 3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS 4. The Amount of Good Time Earned: 108 5. The Date ofParole Eligibility of the Prisoner: 6. The decisions of the U.S. Parole Commission relating to the Prisoner: 7. Maximum expiration date under present sentence: 11-29-2020 Detainers currently on file against this inmate from your state are as follows:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705 Date: By: (Chief Executive Officer) Name and Title of Custodial Authority Charles E . Samuels Jr. Linda T. McGrew, 1/30/13 Director, Bureau of Prisons Complex Warden rD. Wren ~·u..- Correctional Systems Specialist

Record Copy- State lAD Administrator Copy- J&C File Copy - Central File (Sect. 1) Copy - Prosecuting Official (Mail Certified Return Receipt) Copy- Clerk of Court (Mail Certified Return Receipt)

*851 ' BP-S239.0SJ lAD- OFFER TO DELIVER TEMPORARY CUSTODY

CDFRM

FebNary 1994 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30, 2013 To: Prosecuting Officer Name and Title (if known) Jurisdiction:

LASKER, DOMINIQUE DONT A.E

22867-298 Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

The required Certificate of Inmate Status is enclosed. dated: January 30, 2013 If proceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

CAPITAL MURDER

DISTRICT COURT OF WALLER COUNTY, TEXAS 506TH JUDICIAL DISTRICT 19.03

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly acknowledge. By: (Chief Executive Officer) Institution & Address: Nameffitle Custodial Authority: ¥'~~0

FCC Victorville- USP Charles E. Samuels Jr. Correctional Systems Specialist P.O. Box 5400 Director Adelanto, CA 92301 Bureau of Prisons Linda T . McGrew Complex Warden

*852 srow_temp.pl https:/ /ecf.casd. uscourts.gov/cgi -bin/show _temp. pi ?file=5774639-0-- ... Case 3:10-cr-04732-DMS Document 55 Filed 12/16/11 Page 1 of 5 ----~------------·

FILED

'~lAO 14jB fCASDl (ll~v. VII) JudP.ment in aCriminsl CtJSe Sheet I UNITED STATES DISTRICT Co

SOUTHERN DlSTRICT OF CAUFORNTA

JUDGMENT IN A CRIMINAL CASE UNITED STATES OF AMERICA (For Offenses Committed On or After November I, 1987) v.

DOMINIQUE DONTAE LASKER ( I)

Case Number: IOCR4732-DMS Robert Carriedo CJA DefO'l<bnt's Anomcy

REGISTRATION NO. 22867298

THE DEFENDANT:

~ pl~d~pil~~~~«~ -~-~~d_2_o_f_ili_e_T_~_i_cw~~~t~~~~~~~~~~~~~~~~~~~~~~~~- O was found guilty on count(s)'---~~~-~--~---~~~~-~~~~~~~~~~~~-

after a plea of not guilty. Accordingly, the defendant is adjudged guilty of such count(s), which involve the: following otTense(s):

Count Title & Section Nature of Offense Number(s) 18 USC 2113(a) , (d) and ARMED BANK ROBBERY AND AID LNG AND ABETTING 18 usc 2 18 USC 924(c)(l) ~d USE AND CARRYING OF A FIREARM DURING THE COMMISSION OF 2 18 USC 2 A CRTME OF VIOLENCE. AIDlNG AND ABETTING The defendant is sentenced as provided in pages 2 through 5 or this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. 0 The defendant has been found not guilty on count(s) -------------------------------------------- 0 Count(s)~~-~~~~~~~~~~~~-~~- is O areQ dismissed on the motion of the United States. I8J Assessment: $200.00 ($100 as to each of Counts 1 3nd 2). 12) Fine waived 0 Forfeiture pursuant to order filed

, included herein- ~----~~~--~ IT IS ORDER~O lhat the defendant shall notify the United States anorn.:y for this district within 30 days of 3ny change of name. resid~:ncc., or mailing addre3s until nl l fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution. the defendant shall notify the court and United SIDles attorney of any material change in the defendant'.! economic circumstances.

DECEMBER 16,201 1

HON. DANA . SABRA W *853 UNITED STATES DISTRICT JUDGE

1 OCR4732-DMS of5

2/1 1/2014 9:47AM

show_temp.pl https:/ I ecf.casd. uscourts. gov /c gi- bi nlshow _temp. pI? fi I e=577 463 9-0-- ... Case 3:10-cr-04 732-DM S Document 55 Filed 12/16/11 Page 2 of 5 AO JJ.SS (CASD) (ReV. flilll Judglllenr in a Criminal Cn.se Sheet 2 - lm(lrisonmcnl Iud&menl - Page ___!_... or DEFENDANT: DOMINIQUE DONTAE LASKER (1)

CASE

NUMBER: IOCR4732-DMS

IMPRISONMENT

The defendant is hereby committed to the custody of the United Stales Bureau ofPrisons to be imprisoned for a tenn of TIIIRTY -SEVEN (37) MONTI:lS as to Count 1; EIGHTY -FOUR (84) MONTHS as to Count2, to nm consecutively, for a total of ONE Hl.JNDRED TWENTY-ONE (121) MONTIIS.

0 Sent~nce imposed pursuant to Title 8 USC Section 1326(b). 0 The court makes the following recommendations to the Bureau of Prisons: 0 The defendant is remanded to the custody of the United States MarshaL 0 The defendant shall surrender to the United States Marshal for this district:

Oat Oa.m. op.m. on - - - - - - - - - - - as notified by the United States Marshal. 0 The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 0 before ------------------------------------------------------------ 0 as notified by the United States Marshal. 0 as notified by the Probation or Pretrial Services Office.

RETURN

[have executed this judgment as follows: Defendant delivered on ---------------------------- to at - - - - - - - - - - - - - - - - , with a certified copy of this judgment.

UNITED S1A TES MARSHAL

By --------~~~~~~~~~~------- OEPVTY UNITED ~'TATES MARSHN.

10CR4732-DMS

*854 ~ of5

2/11/2014 9:47AM

show _temp.pl https:/ /ecf.casd.uscourts.gov/cgi-bi n/show _temp. pi ?file=5774639-0-- ... Case 3:10-cr-04732-DMS Document 55 Filed 12/16/11 Page 3 of 5 ).0 l.tSQ (CA!:D) (Rcv.l!/11} JudgmcT\l in" Crimi.o.d Caso Shcet3 - Supavised Release a DEFENDANT: DOMINIQUE DONTAE LASKER (I) CASE NUMBER: 10CR4732-DMS

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on superv ised release for a term of: THREE (3) YEARS as to each of Counts 1 and 2 concurrently.

The defendant snail report 10 the probation office in the district to which the defendant is released within 72 hours of release from the custody of I he B urcau of Pnsons. The defendant shall not commit another fcdt:ra~ slate or local crime. For offenJI!S committed tJII or after September I 3, 1994: The defendant shall not illegally possess a controlled substance. The defendant shall refruin from any unlawful usc of u controlled substance. The de fend ant shall submit to one drug test within IS days of release from im prisonment and at least two periodic drug tests therenfter as determined by the cou rt. Testing requirements will not exceed submission of more than ^[4] drug tests per month during the term of supervision, unless otherwi!IC ordered by court.

- - 0 The above drug testing condition is suspended. based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, ifapplicilble.) The defendant shall not possess a firearm, nmmunitio n, destructive device, or any other dangerous weapon . The defendant shllll cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of ihc DNA Analysis Backlog Elimination Act of2000, pursuant to IS USC sections 3563(•)(7) and 3583(d). The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S. C. § 1690 I. et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which be or she resides. worlcs, is a student, or was convicted of a qualifying offense. (Check if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant paf any such fine or re~tltutio n that n:mains unpaid at the commencement of the term of supervised relcnsc in accordance with the Schedule o Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shalt also comply with nny special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

the defemlant shall not leave the judicial district without the permission of the court or probation officer; I) the defendant shall report to the probation officer and shall submit a truthful and complete written report withi n the first five days of 2) each month; the defendant shall answe r truthfully all inquiries by lhe probation officer and follow the instructions of the prohation officer; 3) 4} the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless exc used by the probation officer for schooling, training, or other 5)

acceptable r.:ason s; 6) the: defendant shall notify the probation officer atlt>ast ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive usc of alcohol and shall not purchase, possess, use, distribute, or administer any

controlled sub~tancc or any paraphernalia n:latc:d to any controlled substances, except as prescribed by a physician; the defendant shall not frequent places where controllc:d substances are illegally sold, 115Cd, distributed, or administered; 8} 9) the defendant shall nut associate with any persons engaged in criminal activity 3!'d shall not associate with any person convicted of

a felony, unless grunted permission to do so by the probation officer; the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shalt permit confiScation of any

10) contraband observed in plain view of the probation officer; the defendant shalt notify the probation officer within seve nty-two hours of being 11rrested or questioned by a law enforcement officer:

I I}

12) the defendant shall nor enter into any agreement ^[10] act as an informer or a special agent of a law enforcement agency without the

pennission of the court; and *855 13) as directed by the probation ofrJCer, the defendant shall notify third parties of risks that m~y be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confll'm the dc:fendant' s compliance with such notification requirement.

10CR4732-DMS

3 of5 2/11/2014 9:47 Ai\1 *856 4 THE STATE OF TEXAS COUNTY OF WALLER

I, Robyn S. Wiley, Official Court Reporter in and for the 506th Judicial District of Waller County, Texas, do hereby certify that the foregoing exhibits constitute true and complete duplicates of the original exhibits, excluding physical evidence, admitted, tendered in an offer of proof or offered into evidence during the Hearings in the above entitled and numbered cause as set out herein before the Honorable Albert M. McCaig, 506th Judicial District of Waller County, Texas.

I further certify that the total cost for the preparation of this Reporter's Record is $774.75 and was paid by County of Waller.

WITNESS MY OFFICIAL HAND this the 8th day of September, 2014. /s/ Robyn S. Wiley _______________________________ ROBYN S. WILEY, Texas CSR NO. 4629

EXPIRATION DATE: 12-31-15

Official Court Reporter 506th District Court Waller and Grimes County, Texas 836 Austin Street, Suite 307 Hempstead, Texas 77445 Phone: 979.921.0921

*857 25 Opinion issued January 27, 2015. In The Court of Appeals

For The

First District of Texas ———————————— NO. 01-14-00630-CR NO. 01-14-00631-CR NO. 01-14-00632-CR

——————————— IN RE DOMINIQUE DONTAE LASKER, Relator Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Dominique Dontae Lasker, has filed a petition for writ of mandamus, challenging trial court orders denying his motions to dismiss the *858 2 State’s indictments, under the Interstate Agreement on Detainers Act, T EX . C ODE C RIM . P ROC . A NN . art. 51.14 (West 2006). 1

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Lloyd. Do not publish. T EX . R. A PP . P. 47.2(b). 1

The underlying cases are State of Texas v. Dominique Dontae Lasker , Cause Nos. 11-01- 13703, 11-01-13704, 11-01-13705, in the 506th District Court of Waller County, Texas, *859 the Honorable Albert M. McCraig presiding.

C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON O RDER ON M OTION FOR E N B ANC R ECONSIDERATION Appellate case name: In re Dominique Dontae Lasker Appellate case number: 01-14-0630-CR, 01-14-00631-CR, 01-14-00632-CR Trial court case number: 11-01-13703, 11-01-13704, 11-01-13705 Trial court: 506th District Court of Waller County Date motion filed: February 3, 2015 Party filing motion: Relator

The en banc court has unanimously voted to deny relator’s motions for en banc reconsideration. It is ordered that the motions are denied. Judge’s signature: /s/ Russell Lloyd

Acting for the Court the En Banc Court* Date: March 31, 2015 * En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.

NOTES

[7605305750] 04: 04: 15 p.m. 01-09-2013 00:01:41 Abb revlatl ons: Hs: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save EC: Error Correct FA: Fall RP: Report co:py 1. Elton R. Mathis 645 12th Street (979) 826-7718 Hempstead, lexas 77445 (979) 826-7722 Fax