Case Information
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fc^V-*" \ Law Offices of Alex B. Eyssen, pllc
Post Office Box 3321
Abilene, Texas 79604
www.eyssenlaw.com Alex B. Eyssen Telephone (325) 267-6030 Alex@eyssenlaw.com Facsimile (325)267-6031
August 28, 2012
Daniel Dominguez #1355966
Nathaniel Neal Unit
9055 Spur 5.91
Amarillo, Texas 19107
Re: Cause No. 13674-B; State of Texas vs. Daniel Dominguez
Dear Mr. Dominguez:
I am in receipt of your letter dated August 20, 2012. Please be advised that it is not my custom or typical practice to respond to each and every letter I receive from my clients. Rather, I generally respond if and when there is an update.
The issue we are facing is (l) whether any DNA evidence exists that is in possession of the State and (2) whether any DNA evidence exists from another case. ♦
First, I have requested an official response from the District Attorney. I have been told that the District Attorney is preparing a response to our request to determine whether any DNA evidence was taken, preserved, and available for testing. I expect a written response any day. In speaking with the Assistant District Attorney regarding this matter, I anticipate the response will be to the effect that no DNA evidence exists. As soon I as receive a response, I will let you know. Given that over 60 days has passed for the State to respond, I will file a Motion requiring the State to respond if none is received within the next couple of days.
Second, I have requested that I be permitted to inspect the file related to Cause 5034-CX. That case file is considered a "closed" file. Thus, I have to obtain permission from the S26th District Court in order to inspect said file. Prior to being permitted to review the file, the District Judge first has to review the file and then contact the parties involved to allow them the opportunity to object. This includes the "victim". The Judge will let me know if and when I can inspect the file. I fully anticipate the Court will allow me to inspect the file, however, if access is denied, then we can discuss our other remedies to gain access to the information contained therein.
In addition, I have obtained and reviewed your entire Court file regarding Cause No. 13674-B. For your convenience, I have enclosed a copy herein.
Abilene Office Anson Office 802 Mulberry 311N. Commercial Abilene Texas 79601 Anson, Texas 79501