Case Information
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Date: December 14, 2015 William Hayward Freeman, Sr. T.D.C.J-CID No: 1878813
2015
Allen B. Polunsky Unit 3872 F.M. 350 South Livinqston, Texas 77351 Re: Cause No: 1322259A-WR-83,228-03 Styled In Re: William Hayward Freeman, Sr. Clerk for the Court of Appeal P.O. Box 12308
Austin, Texas 78711
Dear Mr. Abel Acosta, I'm again writhing you to let you KNow that I address my court appointed attomey, Mr. Thomas A. Martin with another letter seeking telief that he will answer my letters concerning my D.N.A. data base mixture interpretation retesting investigation that he is to have done for me. I am making you aware that the court hire him to Seek relief for me on what he owes to his client. Since you are now aware of this issue, I will not address this issue anymore to you. I know this is not your job, but I wanted you to KNour about it in making your decision onmy 11.07. Thanks for taking time to read my Complaint
Sincerely William H. Freeman, Sr.
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William Hayward Freeman, Sr. Polunsky Unit, T.D.C. 3 - 1041878813 3812 F.M. 350 South Freeman, S. Livinyston Texas. 77351
About Acosta. Clerk
Attorney at law December 14,2015 Thomas A. Malth 1018 Preston St. Suite 500 Houston, Texas 77002 Re: Post-Couviction D.N.A. testing of Case No. 1322254, state V. Freeman; 182nd Judicial Court of Harris County, Texas Dear Mr. Malth:
I recieved your letter dating back to II/10/2015 stating that the 182nd Judicial District Court of Harris County, Texas, has, hire, and appointed you as my Court appoined attorney to represent me, in my post- Conviction D.N.A. testing.
I wrote you on November 14, 2015, stating to you that I wanted the entire D.N.A. items, all retesting to be retested, and I have yet to hear from you. I asked you to write to me, acknowledged that you recieved my letter, which you have not yet did.
According to your letter, these are the exact words in your letter, please write to me with the items noted above, (I said all items) please have a trusted friend or family member Contact me to establish a local contact. I have had three of my family members to call you, but they was never able to contact you, nor did you ever return them calls, which you stated in your letter, you wanted to establish a local contact with them.
If you will answer my letters these are some more things that may help. I will like to call to
*3 your attention, you stated in item (4) of your letter, the material was properly collected, retained, and tested, and retested, I read my transcript over, and I could not find that listed, could you please send me that page in my transcript, or was that hear-Say?
In just trying to be of help before the trial court make their decision.
According to C.C.B.Art. 68.93 (a) The convicted person establishes by a preponderance of the evidence that: (a) The person would not have been convicted if exculpatory result had been obtained through D.N.A. testing. (b)(2) The D.N.A. testing employ a scientific method sufficiently reliable and relevant to be admissible under the same scientific knowledge. According, the results of the testing and all, data related to the testing required for an evaluation of the test results be immediately filed with the court and copies of the result s and data be served on the convicted person and the attorney representsing the state. As you being hired as my Court appointed atHornem can you give me a reason why I have not received copy of the results. Or why?
The. 702. Testimony by experts; If scientific, technical, or other specialized Knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue. A witness qualified as an expert by Knowledge, skills, experience, training, or education may testify there to in the form of an opinion or other wise. If you, as my Court appointed attorney have read my trial transcript, the criminalist or A waylist made a false testimony.
VelaV, state, 209 S.W. 3d 128, 130CTex, Crim.App.20062
*4 Qualification is distinust from reliabilityand relevance and... Should be evaluated independently. A+133-154; while qualification deals with the witnessess background and experience, reliability focuses on the subject matter of the witness testimony. Tre 705 (c) adnissibility of opinion. If the court determines that the unckerliving facts or, cble do not provide a sufficient basis for the experts opinion under Rule 702 or 703, the opinion is inadmissible. Tre 705 (c) also governs the reliability ofexpert testimony... Reliability depends upon whether the evidence has its basis is sound scientific methodology. This demands a certain technical showing that... gives a trial judge the opportunity to weed out testimony pertaining to so called junk science.
Exculpatory evidence that travels to clear a defendant from fault or guilt, Scientific evidence must meet three criteria to be reliable: (A) The underling scientific theory must be valid; (B) The technique applying the theory must be valid; and (c) The technique, must have been properly applied on the occasion in question, see Acevedo v. 'State, 255 S.40.3-1 162, 168-70' (Tex. App.-San Antonio 2002 pet. files S-5-08)(No.04-06-00038-CR; 1-50-08) (holding experts testimony unreliable). After you reciev the the D.N.A Database mixture interpretation, I asking you to review there-facte of investigation, with the information I have added, before you submit your information to the trial court before they make their decision, although I have not heard from you, I'm asking, will you please take the time to answer my letters. Thank C.C. Abel Acosta William of. Heenan) C.C. other agacy
*5 PRAYER
THEREFORE PREMISES CONSIDER, APPELLANT, pray respectfully requesting that the court of appeal will except this letter in order for my court appointed attorney, Mr. Thomas A. Martin to fullfill the duties that was instructed him to do, by the 182nd District Court of Harris County, Texas, and the duties that the owes to his client, to fullfill what I have asked him to do, and to complete the D.N.A. testing before the court of Appeal made the final decision on my application for 11.07 w/1t of Habeas Corpus.
CERTIFICATE OF SERVICE
The Defendant, I William Hayward Freeman, Sr. do deelare under the penalty of Prejury that the above is true and correct, and that this was prepared while I was in my right state of mind, and is placed in the U.S. Mail to the clerk for the court of Appeal, to Mr. Abel Acosta at, P.O. Box 12308, Austin, Texas 78711, Executed on the 16th day of December, 2015, at the Allen B. Polunsky Unit, 38°2 F.M. 350 South, Livingston, Texas, 77351
William Hayward Freeman, Sr.
William Hayward Freeman, Sr.