./ I-;:.
LJ
0 This document contains some pages that are of poor quality at the time of imaging. RECEIVED IN 0 COURT OF CRIMINAL APPEALS
NOV 30 2Ui5 n THE STATE OF TEXAS Abe, Acost~. Clerk COUNTY OF Brazos D I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos 0 County, Texas do hereby certify that the documents contained in this record to which this certification is attached are all of the documents specified by Texas Rule of Appellate Procedure 34.5(a) and all other 0 documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34.5{b). · o· GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office
0 in Brazos County, Texas, this the 26th day of February,2013.
0 ~-o
0 Marc Hamlin, District Clerk
0 Brazos County, Bryan Texas
0 jf_shfey :Morgan Deputy Clerk 0 0 0 0 Page 80 I) / /--- 1 1 l 1 1 A P P E A R A N C E S 1- 2
[*2]1 3 ATTORNEY(S) FOR STATE:
RYAN CHARLES CALVERT ~
[*6][*7]0 8 November 13, 2012 Volume 3
0 9
[*11]0 11 Venire panel retired Discussion at bench:
[*99][*104]Venireperson No. 17 excused by agreement 107 0 14 Venireperson Venireperson No. No.
22 excused for cause
[*107][*108]30 excused by agreement 57 excused by agreement
[*111][*112]0 17
Short recess 114 0 19 Venire panel reseated Venireperson No. 30 excused by agreement
[*114][*142]Short recess 143 0 22 Discussion at bench:
[*150][*153]-0 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT u I l 5 J 6 Discussion with Defendant 159 Strikes made 161 7 Venire panel reseated 162 Jury seated 162 J 8 Remaining venire panel released 162 Instructions read to Jury 164 9 Jury retired 165 J Evening recess 174 10 Reporter's Certificate 175
[*157]J 11 November 14, 2012 Volume 4
12 Witness sworn 20 J 13 Discussion with Defendant Jury seated
Jury sworn 22 ] 14 Indictment presented Defendant's plea 15 Opening Statement by Mr. Calvert 22 ] 16 Witness sworn 26
STATE'S WITNESSES: 17 J TERRY YOUNG: 18 Direct Examination By Mr. Calvert 26 J 19 Cross-Examination By Mr. Gray 57 Redirect Examination By Mr. Calvert 73 20 R~cross-Examination By Mr. Gray 74 J 21 Jury retired 76 Short recess 76 22 Discussion with the Defendant 76 J Jury seated 78 23 Witness sworn 78
J 24
25 J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DlSTRlCT COURT 1 ] . 1 CHRONOLOGICAL INDEX
2 November 14, 2 012 Volume 4 l 3 Page
4 RICARDO LEDESMA: 1 78 5 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray 87 ] 6 Redirect Examination By Mr. Ward Recross-Examination By Mr. Gray
7 ] 8 Witness sworn 95
LAKETH McKINNEY: ,' ;. ] 9 Direct Examination By Mr. Calvert 95 10 Cross-Examination By Mr. Gray 97
L 11 State rests Jury retired 12 Defendant's Motion to Suppress l 13 Court's ruling Jury seated ] 14 DEFENDANT'S WITNESSES:
15 MONISHIA R~NE CAMPBELL: . ·· ] 16 Direct Examination By Mr. Gray 112 Cross-Examination By Mr. Calvert 122 ] 17 Redirect Examination By Mr. Gray 137
18 Defendant rests 142
] 19 STATE'S REBUTTAL WITNESSES:
20 RICARDO LEDESMA: I 21 Direct Examination By Mr. Ward 1~4 Cross-Examination By Mr. Gray 147 ~ 22 Redirect Examination By Mr. Ward 150
[*176][*183]15 Jury request to view video 183 Jury continued deliberations 183 J 16 Jury seated 183 Verdict 184 ] 17 Jury retired and released ~vening recess 18 Reporter's Certificate 186
[*185]J 19 November 15, 2012 Volume 5
20 Enhancement paragraphs presented 5 ] Defendant's plea 5 21 Witness sworn 6
22 STATE'S WITNESSES: J 23 BRYAN WADE RUEBUSH: ·~- ..
1 24 Direct Examination By Mr. Ward 6 Cross-Examination By Mr. Gray 8 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
[] 8
7 Direct Examination Continued By Mr. Calvert 25 0 8 Voir Dire Examination By Mr. Gray Direct Examination Continued By Mr. Calvert
Cross-Examination By Mr .. Gray 36
0 10 State rests Witness sworn
0 11 DEFENDANT'S WITNESSES:
12 KENNETH GREER: 0 '13 Direct Examination By Mr. Gray 37 Cross-Examination By Mr. Ward 41 0 14 Redirect Examination By Mr. Gray 44
15 Witness sworn 45 0 16 ANNETTE GREER
0 17 Direct Examination By Mr. Gray Cross-Examination By Mr. Ward Redirect Examination By Mr. Gray
0 19 Defendant rests State closes 20 Closing Argument by Mr. Calvert 54 0 21 Closing Argument by Mr. Gray Ruling of Court
Reporter's Certificate 61 0 22 0 24
0 : .. •' DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT
·- I
'1 l 9 State's Exhibit No. 7 7 State's Exhibit No. 8 12 ] 8 State's Exhibit No. 9 State's Exhibit No. 10
State's Exhibit No. 11 15
~ 9 State's Exhibit No. 12 State's Exhibit No. 14
10 State's Exhibit No. 15 18 State's Exhibit No. 16 19 J 11 State's Exhibit No. 17 20 State's Exhibit No. 18 21 12 State's Exhibit No. 19 22 ] State's Exhibit No. 19-A 23 13 State's Exhibit No. 20 24 State's Exhibit No. 21 25 ] 14 State's Exhibit No. 22 State's Exhibit No. 23
15 State's Exhibit No. 24 28 ~ 16 \ ] 17
18 J 19
' 1 ALPHABETICAL INDEX '
2 Direct Cross V.Dire Vol
3 Campbell, Monishia Rene 112 122 4 4 Greer, Annette 45 so 5 5 52
6 Greer, Kenneth 37 41 5 7 Ledesma, Ricardo 78 87 4 8 91 93
9 Ledesma, Ricardo 144 147 4 10 McKinney, Laketh 95 97 4 11 Ruebush, Bryan Wade 6 8 5 12 Silber, Greg. 12 20 5 13 25 26 27 36 14 Young, Terry 26 57 4 15 73 74 l 16 Young, Terry 154 156 4
] 17 Ware, Jason 157 159 4
9 _Photograph 48 48 4 9 10 Leather jacket 41 41 4 J 11 Weapon 41 41 4 10 12 Bullets from weapon 54 54 4 . 14 Stipulation 20 22 4 J 11 14 Stipulation 99 100 4 15 Inventory form 90 90 4 12 16 Inventory Search Policy 107 4 J 13 17 18 Judgment and Sentence Pen Pack
19 Pen Pack 20 25 5 ] 14 19-A 20 Judgment and Sentence Judgment and Sentence
15 21 Judgment and Sentence 30 30 5 22 Indictment 28 5 J 16 23 Judgment' and Sentence 28 29 5 r The State of Texas v. David Duane 'Greer October 29, 2012 J TRIAL COURT CAUSE NO. 12-03324-CRF-272 APPELLATE COURT CASE NO. 10-13-00049-CR ~ 4
5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF ~ 6 § § § 7 v. § BRAZOS COUNTY, TEXAS J § 8 § § 1 9 DAVID DUANE GREER § 272ND JUDICIAL DISTRICT ~ 11 ] 12 J 14 DOCKET CALL
~ '15
.. 16__ ~.
ij 18
19 On the __ 29th day of October}?.~~ 2/ the fo l1 owi nQ r. b-·,.~ ] . -H ..... ···· . &4.1(_ •<' f: c.·-lyJ?cr~ ua,ec _y-e- f../(/( (/
20 proceedings came to be heard in the above-entitled and 21 -numbered cause before the Honorable Travis B. Bryan, J 22 III, Judge presiding I held in Bryan I Brazos County I I.~ Proceedings reported by computerized stenotype 25 shorthand. CERTIFIED, . , ___ ··- ------ - - · - - - - - - - -
KC:letheryne B. Kytiell, CSR OfficiC:ll Court Reporter [ .-:- 272nc! District <;:ourt, BtC:lzos County, Tex(:ls ~. ,· :n The State of Texas v. David Duane Greer October 29, 2012
D 11
D 12 0 14
D 15 _16_
0 17
0 18 0 20 0 22 D 23 0 25 Q_ - ---·-··-- --·-··-.
K.qethetyne B. Kytiell, CSR
u OfficiC:ll Court Reporter 272ncl District Court, BtC:lzos County, TexC:lS l The State of Texas v. David Duane Greer October 29, 2012 n The State of Texas v. David Duane Greer October 29, 2012 n The State of Texas v. David Duane Greer October 29, 2012 l The State of Texas v. David Duane Greer October 29, 2012 J 3 J J 6 J J 9 ~ J 12 J J 15 r .16_ ] 18
l 23 l 25
L -·"··---··-----·-
K<:~ethetyne B. Kytiell, CSR Officiql Court Reporter 272n~ District Court, Btqzos County, Tex<:~s 1 The State of Texas v. David Duane Greer October 29, 2012 Volume 3 of-.6 Volumes
Trial Court Cause No. 12-03324-CRF-272 I 0 4 Court of Appeals No .. 10-13-00049-CR 0 6 THE STATE OF TEXAS IN THE DISTRICT COURT OF 0 7 vs. DAVID DUANE GREER BRAZOS COUNTY, TEXAS
272nd JUDICIAL_DISTRICT
0 9 o· \ l 14 On the 13th day of November, 2012, the following
0 I
proceedings came ort to be held in the . numbered cause before the Honorable Travis B. Bryan, III, above-ti~led and CL 22 Denise C. Phillips, Texas CSR #6482 Official Court Reporter - 272nd District Court 23 300 East 26th Street, Suite 204 l1 24 Bryan, Texas 77803 979-361-4221 CERTIFIED TRANSCRIPT J ;_; ' / :)~
.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER _______________________________________________2,_]__2~D __p_::I;_STR:j:C_1' ____C::QUR'L
A P P E A R A N C E S l 1 CHRONOLOGICAL INDEX
Volume 3 2 November 13, 2012 ] 3 Page
4 Venire panel seated 5 } Voir Dire Examination by The Court 5 5 Voir Dire Examination by Mr. Calvert 11 Venire panel retired 99 J 6 Discussion at bench:
r 7 Venireperson No. 1 99 Venireperson No. 5 excused for cause 104 8 Venireperson No. 17 104 Venireperson No. 17 excused by agreement 107 9 Venireperson No. 22 107 Venireperson No. 22 excused for cause 108 10 Venireperson No. 24 108 Venireperson No. 30 111 11 Venireperson No. 30 excused by agreement 111 Venireperson No. 57 excused by agreement 112 12 Venireperson No. 53 excused by agreement 112 Venireperson No. 48 112 13 Short recess 114 14 Venire panel reseated 114 Venireperson No. 30 excused by agreement 114 15 Voir Dire Examination by Mr. Gray 114 Venirepersons Nos. 54 through 60 excused 142 1 16 Venire panel retired 142 Short recess 143 l 17
18 :Oiscuss~ion-a.t: -b-ei1ch =
Venireperson No. 9 143 Venireperson No. 38 150 19 Defense challenge as to Venireperson No. 38 153 Court's ruling 153 20 Venireperson No. 39 153 Venireperson No. 39 excused for cause 157 21 Venireperson No. 40 157
22 Discussion with Defendant 159 Strikes made 161 23 Venire panel reseated 162 Jury seated 162 24 Remaining venire panel released 162
VENIREPERSON NO. 4:
MR. CALVERT: Mr. Greer.
You know Mr. Greer? Okay.
0 14 And you are Mr. Kelling?
15 VENIREPERSON NO. 4: Sparks. 0 16 MR. CALVERT: Oh, I apologize. Mr. Sparks.
0 17 How do you know Mr. Greer?
VENIREPERSON NO. 4: Mutual friend of the D 19 family.
20 MR. CALVERT: How long have you known him? 0 21 VENIREPERSON NO. 4: Gosh, about 20 years.
0 22 MR. CALVERT: Long time. Okay. Fair to say
23 as a friend that you've known for 20 years, probably 0 24 couldn't be -- probably wouldn't be the most impartial or
0 25 objective juror on Mr. Greer's case?
DENISE C.PHILLIPS, CSR Would that be fair?
rl OFFICIAL COURT REPORTER --{;j--- ~-- -- ------------------ - ---------~ -~--- ----~-- ----~--------2~7--2-N-:9--fl-I-S-'1'-R-I-G-T--GE>BR'=.P----- --- -- ----- -----~----- ~-----~~------~--- How many of you would rather r just go ahead and work
through the noon hour and get through with this and get 0 3 out of here -- those of you who are not on the jury -- as
0 4 soon as we can? As opposed to the other option, and that is, to take a lunch break, an hour and 15 minutes, come
0 6 back and get through later in the afternoon then you would
7 otherwise? 0 8 How many of you would rather just work on
0 9 through the noon hour and get through? Raise your hands.
10 (Show of hands.) 0 11 THE COURT: And how many of you would rather
12 take a noon break and come back later? D 13 (Show of hands.)
0 14 THE COURT: All right. The Option 1s have
15 it; so, that's what we'll do. 0 16 Go right ahead, Mr. Calvert. o-- 17 MR. CALVERT: Thank you, Judge.
18 All right. Ms. Henry, when was Earl your
D 19 professor? How long ago was that?
0 20
VENIREPERSON NO. 23:
MR. CALVERT: Okay. Two years ago.
Is there anything about
0 22 the fact that he was your professor or that relationship
23 that's causing you to come in here biased in favor of him, u 24 against him
0 25 VENIREPERSON NO. 23: I am friends with one DENISE C.PHILLIPS, CSR n -bJ----·---·· -------- OFFICIAL COURT REPORTER --~----·----------------2-'7-2-N:Q-:Q-I-S'I'-R-:tG--'I'--GGUR'I'~----------·- -------~---- nodding. Yes, that's my question.
Well, myself and Will in the next six to
0 6 eight weeks, we look forward to presenting this case to 12
7 of y'all. No, this is going to be-- it's going to be 0 8 pretty quick. Scheduling-wise here's how this is going to
0 9 go.
10 You asked the question about are we just
0 11 talking about jury selection? That's all we're going to
Q 12 do today. Okay. We're going to do this process today.
13 And it'll take most of the day.
0 14 Like the Judge said, I'm going to talk to
15 y'all for an hour, hour and 15, somewhere in there. When 0 16 I'm done, Earl will have a chance to talk to y'all. The o- 17 good news is invariably because we go first, we always end
18 up going over stuff that they were going to go over so o 19 usually -- no pressure, Earl -- but usually theirs doesn't
0 20 take quite as long as ours does because a lot of it would be repetitive.
0 22 But we're going to get through that process
23 today; and then, the Judge will give y'all a fairly long 0 24 break, 20, 30 minutes, give us a change to make our
0 25 strikes, maybe talk to some of y'all individually; and DENI$E C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0------ ·- ·---~--- -----------------------------~--2-'7-2-N-B~B-I-STR'I-eT--eeURT-------------------------- ~--------------- evidence portion of the trial.
9:00 o'clock in the morning, 9:00, 9:30, somewhere in We usually start around nonrefundable, but I'm leaving the state Thursday and Friday.
0 6 MR. CALVERT: Thursday and Friday?
7 VENIREPERSON NO. 8: Correct. 0 8 MR. CALVERT: Is that for work?
0 9 VENIREPERSON NO. 8: For work.
10 MR. CALVERT: Okay. If -- let me ask you
0 11 this: If this trial were still going, is that something
0 12
13 that would be a real hardship on you if you were no~ able to go?
D 14 VENIRE PERSON NO.·- 8: , It's -- I'm the main 15 assistant, and I have to go. 0 16 MR. CALVERT: You have to go.
-o-- 17 VENIREPERSON NO. 8: Yes.
18 MR. CALVERT: Okay. Obviously, if something io 19 were to happen and you couldn't go, is that something that
20 would be a distraction to you, the fact that you're not 0 21 going on this trip that you have to go on?
0 22 VENIREPERSON NO. 8: I mean, if -- if -- it
23 could be, yeah. 0 24 MR. CALVERT: Okay. All right. And you're
0 25 a -- is it Mr. Schlechte?
DENISE C.PHILLIPS, CSR ({ . . OFFICIAL COURT REPORTER ·-bi--· ----·----·------ -·-------~----~---~----~Q-7-2-N-B-B-I-S-'F-R-I-G-'P--GGT:TRT-------------~----- ---------------- u
0 20
MR. CALVERT:
VENIREPERSON NO. 8: What type of work do you do?
Accident
0 6 reconstruction.
7 MR. CALVERT: Who do you work for? D 8 VENIREPERSON NO. 8: James Locke. u 10 9 MR. CALVERT: primarily for attorneys or what? Okay. And do y'all work
VENIREPERSON NO. 8:
MR. CALVERT: Okay. Only towards her.
Very good. I don't
0 14 think she's going to be involved in this case, but I
15 appreciate it. 0 16 VENIREPERSON NO. 8: No.
·n··- 17 MR. CALVERT: All right. Any other
18 questions about anything before we kick off?
~ 19 What's the second the first question is
20 always how long is this going to take? The second D 21 question is always what? What is this case about, right? u 22 And what's the one thing we can't tell you at this point?
What is this case about? We're not allowed at this point D 24 to go into what this specific case is about, what the
0 25 facts of this case are. If you think about that, that
DENISE C.PHILLIPS, CSR r1 OFFICIAL COURT REPORTER -}:j--- --- ---- _____:_ ____________ -----------------------------------2-9-2-ND-B·I-STR-I-eT--eeURT----------------------------------- -------------·------------.-- f} 22
and z fact. can stick around. What would you do? I like that answer.
You, nope, I don't think I like that You fl D 1 MR. CALVERT: Innocent. And he stays
2 innocent until when? [J 3 VENIREPERSONS: Proven guilty. u 4
5 MR .. CALVERT:
VENIREPERSONS: Until proven guilty by who?
By you.
0 6 MR. CALVERT: By Ryan and Will, right?
7 Okay. Now, those of you that watch the law ·o 8 shows, what's the burden of proof in a criminal case?
0 9 Proof beyond a?
10 VENIREPERSONS: Reasonable doubt. 0 11 MR. CALVERT.: Y'all are good. Usually I
0 12
13 trick somebody up, and they go, because that's what I saw on TV. "shadow of a doubt," VENIREPERSONS: Guilty~
MR. CALVERT: Guilty, right? If we fail to prove any element of the offense, the jury is required by law to come back with what verdict?
VENIREPERSONS: Not guilty.
MR. CALVERT: Not guilty, right? Everybody with me?
Like the Judge said, in this case, Mr. Greer is charged with unlawful possession of a firearm by a felon. These are the elements of that offense. These are
0 11 the specific things that we have to prove.
12 One, the defendant, we have to prove that [J the person on trial is actually the same person that 13
0 14 committed the offense. Two, has been convicted of a
15 felony and possessed a firearm. Okay? 0 16 That's kind of a bare-bones outline. That's
0 17
18 the elements of unlawful possession of a firearm by,a
felon in Texas. Q 19 Now, we're lawyers; and so, for lawyers, 20 nothing is ever this simple, right? We have to have long 0 21 definitions and stuff. The possession of a firearm has to
0 22
23 be within five years of the defendant's release from either confinement or parole, whichever is later. All 0 24 right?
0 25 So, if somebody is convicted of a felony and DENISE C.PHILLIPS, CSR n OFFICIAL COURT REPORTER -t::J-------- ------------- -----------------------2·7-:~m-:E>--:E>-:r-s TR-:teT-eOURT------------------------------ ------------------ n 25 they go to prison and they're in prison for five years and 0-- 1
2 then they're on parole for another ten after that, the D 3 possession has to be within five years of the time they
0 4 get off of parole.
MR. GRAY: Does that make sense? All right.
Judge, my only objection would be n 6 there's also the rest of it entails probation as well.
MR. CALVERT: Well, it does, Judge -- 0 8 MR. GRAY: Parole and probation.
0 9 MR. CALVERT: Yeah.
10 MR. GRAY: That's the entire definition. ·o 11 MR. CALVERT: It is, Judgei but I'm only
0 12 talking about the portions of the law that would be relevant in the case.
0 14 MR. GRAY: Well, then, Judge, I would
15 object -- 0 16 THE COURT: Come on up.
-rJ ~-- --. - - ~. ---- MR. GRAY: -- that's a Standifer objection.
18 THE COURT: Come on up here.
0 19 (Bench proceed~ngs:) THE COURT: about on probation now. Tell me what you're talking
What's the law on that?
'0 22 MR. GRAY: Well, the way the Penal Code
23 reads, it's five years after discharge from the 0 24 penitentiary or parole or probation. They left out the
0 25 probation part.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 1J - --------------------- --------~------------~-----2-7-2-ND--D-I-£~R-I-G--'T-GGU-R--'T----------~------------------ -------------~-- 0 26 think, that word possession? What does it mean to possess something?
VENIREPERSON NO. 13: If you have it under your control.
MR. CALVERT: Okay. Under your control.
And what -- you were a professor, correct?
VENIREPERSON NO. 13: Yes.
MR. CALVERT: And what did you teach?
VENIREPERSON NO. 13: Biology.
MR. CALVERT: Biology?
VENIREPERSON NO. 13: Yes.
THE COURT: Thank you, ma'am.
Ms. Bernal, what do you think? Possession, what does that word mean to you?
VENIREPERSON NO. 12: To have something;
MR. CALVERT: To have something. All right.
Mr. -- is it Slovak?
VENIREPERSON NO. 11: Yes.
MR. CALVERT: What do you think, sir? \ . 20 VENIREPERSON NO. 11: Well, it doesn't say
21 ownership, so I would think possession means within your
22 control.
23 MR. CALVERT: Okay. Very good. It doesn't
24 say ownership, right? That's exactly right. Okay.
25 Mr. -- is it Dr. Smith?
DENISE C.PHILLIPS, CSR \" OFFICIAL COURT REPORTER \-- --- --- -- --- -- ----------- -------------;---272ND-DISTRICT-COURT ___________ ---------- ----------- ------------------- l 29 J
VENIREPERSON NO. 10: No.
THE COURT: Mr. Smith, you're a professor as well, right?
VENIREPERSON NO. 10: Yes.
MR. CALVERT: What do you teach?
VENIREPERSON NO. 10: History, American
History.
MR. CALVERT: Okay . . What do you think possession means?
VENIREPERSON NO .. 10: I would say it's ., nJ• ~ 1 MR. CALVERT: Is your purse in your hand? J 2 Do you have a purse with you today?
3 VENIRE PERSON NO. 14: I do.
4 MR. CALVERT: Are you possessing that purse
5 right now?
J 6 VENIRE PERSON NO. 14: Yes.
7 MR. CALVERT: Why? It's not in your hand? } 8 VENIRE PERSON NO. 14: It's close enough to
9 me.
10 MR. CALVERT: Okay. } 11 VENIRE PERSON NO. 14: It's in my hand in a
} 12 split second.
13 MR. CALVERT: Okay. Very good. Is this
14 yours, Will? I walked off with Will's pen.
15 This is -- this is my pen. I stole it from
16 Will. Will you hold that for me?
17 VENIREPERSON NO. 12: Yes.
18 MR. CALVERT: Thank you. I want you to hold :] 1 19 that for me, but don't give it away or anything. I'm
20 going to need it back later. Okay?
21 VENIREPERSON NO. 12: Okay.
22 MR. CALVERT: Okay. Thanks. Just hang on
23 to it for me.
24 Ms. -- is it Nieto?
25 VENIREPERSON NO. 2: Uh-huh.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER }'~~- -~--~- ----~-----------~- --2-7-2N-D-D-I-£~-RI~G~-GOUR'I'-~-----~~-~------~-~- ----~--- \ 1 MR. CALVERT: Did I say that correctly? j -- 2 VENIREPERSON NO. 2: Yes. ( 3 MR. CALVERT: All right. I just gave her
4 that pen to hold for me, but I'm going to get it back 1 5 later. Okay?
~ 6 VENIREPERSON NO. 2: Okay.
7 MR. CALVERT: Is she possessing that pen } 8 right now?
9 VENIRE PERSON NO. 2 : At the moment, yes. 1 10 MR. CALVERT: Yeah. Why?
~ i 11 VENIRE PERSON NO. 2: Because you gave it to her to hold on to. } 12
13 MR. CALVERT: Yeah. Am I possessing it?
} 14 VENIRE PERSON NO. 2: No.
15 MR. CALVERT: Anybody think otherwise? Oh, ~ 16 I see a head nodding back here. Is it Ms. -- help me.
~ 17 VENIREPERSON NO. 42: Ford.
18 MR. CALVERT: Ms. Ford.· Ms . Ford, you're
~ 19 hiding back there, Ms. Ford. You say I am still possessing it. Why? ~ 20
21 VENIREPERSON NO. 42: Because it's yours, ~ 22 and you intend to get it back from her.
23 MR. CALVERT: Yeah. Okay. What do you ~ 24 think about, Mr. Davis?
] 25 VENIREPERSON NO. 41: I think that's
DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~---~---------- -----------------------------2-72 ND-DI S'I'-R-IC'I'-COUR'I'----------------~----- -----------~-- ] 1 correct.
2 MR. CALVERT: You think that's correct. J 3 What do you think is it Mr. Irvin?
4 VENIREPERSON NO. 33: Yes. ] 5 MR. CALVERT: What do you think? They say lu 6 I'm possessing that right now. I'm not even touching it,
7 man. She's got it over there. Why am I possessing it? } 8 What do you think? ~ 9 VENIREPERSON NO. 33: Because you gave her J 10 instructions that it remain in her possession and to J 11 return it to you.
12 MR. CALVERT: Okay. J 13 THE REPORTER: What number are you, sir?
J 14 MR. CALVERT: Okay. I'm sorry. Mr. Irvin, 15 No. 33, right? AS opposed to the other Mr. Irvin who was J 16 No. 88.
17 Okay._ Mr. -- let's go down that row. J 18 Mr. Moore, what do you think about that? Am
J 19 I possessing that pen?
20 VENIREPERSON NO. 30: You still have it. I J 21 say you still have control and management over it.
22 MR. CALVERT: Okay. Okay. ·J 23 What do you think, Mr. Masterson? ~ 24 VENIREPERSON NO. 35: I think that you are
~ 25 no longer possessing it.
DENISE C.PHILLIPS, CSR
~-- OFFICIAL COURT REPORTER · · - - · - --------~------ ----~------222ND-DTS.TRICT-COURT--~--~--------·-- ·---~---- l j l 1 MR. CALVERT: Okay. Tell me why.
2 VENIREPERSON NO. 35: Because she now has
3 the care and management of it until she gives it back to
4 you.
5 MR. CALVERT: All right. What do you think, 6 Ms. -- is it Strickman?
7 VENIREPERSON NO. 36: Steckman.
8 MR. CALVERT: Steckman. I apologize. What l 9 do you think, ma'am? I mean, you're No. 36; is that
10 right? J 11 VENIREPERSON NO. 36: Yes.
12 MR. CALVERT: Okay. J VENIREPERSON NO. 36: The pen would belong to you, but you have no control over it right now because it is in her possession and whatever she does with it, it's her fault.
MR. CALVERT: Okay. Let's go forward.
Mr. -- is it Mr. Hernandez, No. 19, what do you think, Mr. Hernandez?
VENIREPERSON NO. 19: I say she has J 21 possession of it.
22 MR. CALVERT: She does, clearly. Does
23 anybody in here dispute that she has possession? You're
24 not disputing you possess my pen, right?
25 VENIREPERSON NO. 12: No.
DENISE C.PHILLIPS, CSR J___________ -------------------0-~-~~-~-~A~~~~~~~~ R~~~~;ER _____________ ,________
J 1 1 MR. CALVERT: Okay. Don't throw it away or 2 anything. J 3 No question she has possession. But what do
~ 4 you think? Can she possess it and I possess it? Is that
5 possible? What do you think, Mr. Hernandez? Can two
~ 6 people or three people or 20 people possess the same thing
7 at the same time? J VENIREPERSON NO. 19: I would say no. 8
9 MR. CALVERT: You would say no. Okay. What J 10 do you think? Let's go right down that row. What do you J 11 think, Ms. -- you're going to have to help me with this
12 one. J 13 VENIREPERSON NO. 18: Defrancesco. ~ . ' 14 MR. CALVERT: That's exactly what I was
15 going to say. What do you think, Ms. Defrancesco? J 16 VENIREPERSON NO. 18: I don't think you have
17 possession of it. You don't have control over it. J 18 MR. CALVERT: Okay. Yes, sir. What do you
J 19 think? Were you holding up your hand?
20 VENIREPERSON NO. 11: Well, I do have a J 21 question about it.
~ 22 MR. CALVERT: Yeah.
23 VENIREPERSON NO. 11: What about the reason
24 for giving it away? Is -- what if the reason for giving
] 25 it away is because I'm not supposed to have it.
DENISE C.PHILLIPS, CSR
~~..~-~- ---- -----~--~~~~~--~0~.~~~-~-~~~~~~~-~~T~~~~-~~E~---~------- J
1 MR. CALVERT: Okay. How does that work? l-- 2 Tell me what you're thinking. Flesh that out for me. J 3 What are you thinking?
4 VENIREPERSON NO. 11: If I'm not supposed to J 5 be in possession of something, so I give it away to l 6 somebody else, I don't have it anymore.
7 MR. CALVERT: This is not a box of Kleenex. J 8 I know it looks like one. But it's not. It's a kilo of
9 cocaine. Okay? I don't want that. Here you take it. J 10 I'm not supposed to have that, right? And you're, like, J 11 wait, no, I don't want that either. I'll take it.
12 I knew what this was, right? Okay. I knew J 13 what this was, and I had this -- you bring up an
J 14 interesting point. If you legally, are you in_
15 possession of something-- let's -- let's do this a little ~ 16 bit different. What your name, ma'am?
~ 17 VENIREPERSON NO. 3: Marilyn Mathis.
18 MR. CALVERT: Marilyn, let's say on a break ~ 19 you leave the courtroom; and you leave your purse. You've
20 got a big red bag down there_. You leave your purse here, J 21 and I take some methamphetamine that we have back there in
~ 22 the evidence deal, and I put it in your purse while you're
23 out there. Okay? You don't know that this has happened. J 24 All right?
25 VENIREPERSON NO. 3: Uh-huh.
DENISE C.PHILLIPS, CSR
~---:~--- OFFICIAL COURT REPORTER -------------------- ------·~-------------------2-7-2N-B-DI~STR-I-CT-C0URT---------------------
, J 1 1 MR. CALVERT: And you come back in and you l-- 2 leave for the day and take your bag with you. Are you l 3 exercising, custody, control or management over that
4 methamphetamine? J 5 VENIREPERSON NO. 3: Evidently, but that
J 6 ain't going to happen. I'm not leaving my purse.
7 MR. CALVERT: Well, a wise policy for sure. ~ J 8 But what do you think? Let's say that happened. Are you
9 in possession of the methamphetamine? J 10 VENIREPERSON NO. 3~ Sadly, yes. J 11 MR. CALVERT: Yeah, you are. Under those
12 circumstances, though, would you be committing a crime? J 13 It is illegal to possess methamphetamine except you have
J 14 to know you're possessing it, right? And that kind of 15 gets to what you're talking about, Mr. Slovak, right? J 16 VENIREPERSON NO. 11: Yes.
17 MR. CALVERT: In order to possess something J 18 and it be a crime to possess it, you have to be aware of j 19 your possession of it for a long enough period that you
20 could have terminated your control over it at any point. J 21 For example, if you are ~- you go to get
J 22 your keys and you find a little Baggie of meth and you go, 23 "Good Lord, this is a Baggie of meth;" and there's a cop J 24 standing there; and you go, "Officer, I just found this in
25 my bag. I think somebody planted it in here." At that
DENISE C.PHILLIPS, CSR
L-- ------ ---------~--~~~~~~~~~-~~~~-~~T~~~~~~-E-R----------------1-----------
[} 37 as soon as you knew about it, you're getting rid of it, right?
0 6 Does that make sense? Does that kind of get
7 to what you were talking about? 0 8 VENIREPERSON NO. 11: Well, I'd be
0 9 interested in the question about, well, at what point did
10 someone get possession? 0 11 MR. CALVERT: Sure.
0 12
13 VENIREPERSON NO. 11: they found -- when they knew that they weren't supposed to And did they -- when think it's fair to -- that somebody could be convicted of possessing something that literally is not on their person, that's not in their hands? Are you okay with that?
VENIREPERSON NO. 14: I think if you do~'t have control at that point, somebody else could have put it somewhere without you knowing it; then, I don't think you should be in trouble for that. Like her, if she wouldn't -- I wouldn't know what it looks like either; but if somebody put it in there and she walked off and then two weeks later she went through her big purse and found it, you know, I don't think she should be the one getting in trouble for it.
MR. CALVERT: Okay. What do you think, Ms. -- is it Steckman? Did I say your name right?
VENIREPERSON NO. 36: Yes, Steckman.
MR. CALVERT: Steckman. Okay.
Ms. Steckman, what do you think? Are you okay with the notion that somebody can possess something that is not physically in their hand or on their person? How do you feel about that?
VENIREPERSON NO. 36: Oh, definitely.
MR. CALVERT: But why? Why do you say that?
VENIREPERSON NO. 36: Because he could have -- he or she could have it, like, on -- in the car, DENISE C.PHILLIPS, CSR
0 41 VENIREPERSON NO. 38: with the previous gentleman's statement. Yes, sir. I agree his vehicle. He parked his vehicle. possession, and nobody got him to do it. They're in his that he has care, custody or control over whatever item you•re talking about? Say it•s a drug, right? Would he
0 6 have care, custody, control or management over those
7 drugs? 0 8 VENIREPERSON NO. 14: Right. fJ 9 MR. CALVERT: Would he? Yes. But would
10 that be a crime? No. And the reason is why?
0 11 VENIREPERSON NO. 8: Because he doesn•t know
12 it. 0 13 MR. CALVERT: Because he doesn•t know it.
0 14 He didn•t know it. Those are two different things. Okay?
15 Those are two different things. Does that make sense? 0 16 VENIREPERSON NO. 14: Uh-huh.
0 17
18 MR. CALVERT: getting that right? Okay. Ms. Galimbertti, am I } 52 J
} 1 evidence shows that they are in control or they're somehow
2 managing that property or those items? Is that fair in 3 your mind?
4 VENIREPERSON NO. 26: Yes.
5 MR. CALVERT: Okay. What do you think? Is
} 6 it Ms. -- help me with your name.
VENIREPERSON NO. 25: Miao.
MR. CALVERT: Miao. Okay. What do you think about what Dr. Hash said?
VENIREPERSON NO. 25: I don't know because I don't know what's the difference between the possess and the ownership.
MR. CALVERT: Okay. That's a good question.
What's the difference between possession and ownership?
What number are you, Ms. Miao? No. 25. Do you own ~hat
No. 25?
VENIREPERSON NO. 25: No.
MR. CALVERT: No. But are you in possession of it?
VENIREPERSON NO. 25: Yes.
MR. CALVERT: Why?
VENIREPERSON NO. 25: Because it's in my hand.
MR. CALVERT: Right. That's kind of the difference, okay.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER - - 27-2ND- DIS~RIG'I' -GOUR'I'-- -- -- 1 VENIREPERSON NO. 25: Okay.
2 MR. CALVERT: The Court owns it, right? l 3 VENIREPERSON NO. 25: Yeah.
4 MR. CALVERT: So, let's use Ms. Miao's No. J 5 25 as an example and let's go down that row. :1 j 6 Is it Mr. Mcintyre?
7 VENIREPERSON NO. 24: Right. J 8 MR. CALVERT: Mr. Mcintyre, do you agree
9 with Ms. Miao that she is in control of that 25 or that J No. 25?
VENIREPERSON NO. 24: Yes, I do.
MR. CALVERT: Yeah. What about Mr. ·Montoya
who is in charge of handing those numbers out to y'all and picking them back up at the end of the jury selection? Is
Mr. Montoya also in possession of that No. 25?
VENIREPERSON NO. 24: I would agree with that.
MR. CALVERT: Yeah. Yeah. What about what about Judge Bryan who's in charge of everything in here? This is his world, right?
VENIREPERSON NO. 24: Going pack to the example of the drug lord, yes, he's in the control of the courtroom, so everything in here is under him.
MR. CALVERT: Are you comfortable with that?
VENIREPERSON NO. 24: Yeah.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER "272ND·-DISTRTCT· COURT·· ··
[I 56 your house.
MR. CALVERT: Right. What do y'all think
0 6 about that? That's a great example. Let's use that.
7 Let's say you live with somebody, and they have -- we'll 0 8 use drugs because that was the example you used. They
0 9 have drugs. You know they have drugs in your house that
10 you share with them; but you don't own them, right?
0 11 You're not using them, right? That's what you're talking about? 0 12
13 VENIREPERSON NO. 54: (Nods head.)
0 14 MR. CALVERT: What do you think about that, 15 Ms. Welsh? 0 16 VENIREPERSON NO. 9: I was in that same
0 17 position while I was in college. But I felt uncomfortable
18 because I had a roommate that thought that that was okay, D 19 and I didn't agree with their decisions. And, well, if
20 I'm paying rent, it's my property whatever. Well, I don't 0 21 want to be in a place where I'm around stuff like that.
0 22 So, I can agree with that. The fact that I had no control
23 of that other than the fact that I got stuck with this 0 24 girl who thought that it was okay to do drugs.
0 25 But, no, 'like if the cops were to come in, I
DENISE C.PHILLIPS, CSR n -tj --· -- OFFICIAL COURT REPORTER -- ----- -------- --------------- ------------ ___________________ 2_7.2Nn-·-or·sTRI-CT- ·c-OURT ________ . -~---~--- ----------------~-------------------------------------
MR. CALVERT:
Mr. Smith, what do you think about that? Sure. Now, and Mr. -- No. 10, Legally -- and 0 6 not to pick on you, Ms. Welsh --
7 VENIREPERSON NO. 9: That's fine. 0 8 MR. CALVERT: But legally, in that scenario
0 9 where she knows there's dope in the house, okay? She
10 doesn't own it. She's not using it, but she knows it's I 0 11 there. It's her house. Legally, is she in possession of
12 that -- of those drugs? 0 13 VENIREPERSON NO. 10: No.
0 14 MR. CALVERT: Okay. Why not?
15 VENIREPERSON NO. 10: She's not exercising D 16 control over it. She has knowledge, but no control. She
0 17 has a moral obligation but not a legal obligation.
18 MR. CALVERT: Okay. Who disagrees with
0 19 that? What do you think?
20 VENIREPERSON NO. 5: I disagree. I think 8 21 she's in possession.
0 22 MR. CALVERT: Why?
23 VENIREPERSON NO. 5: Because she has the 0 24 ability to --
0 25 MR. CALVERT: You're Mr. Kelling, No. 5.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0---- --· ------ -~-------~----------- ----- ----------- ____ ~-----272ND--DISTRICT C6URT~----------- ----------- ------~ ----------------- 1 VENIREPERSON NO. 5: Sorry. She has the 2 ability to manage the situation by either leaving the 3 situation or having the people and the items removed from
4 the house.
5 MR. CALVERT: Okay. Yes, ma'am, all the way
J 6 back in the back, Ms. Hudspeth, No. 60. What do you
7 think? J 8 VENIREPERSON NO. 60: I agree.
MR. CALVERT: All right. You agree with what Mr. Kelling said? Okay. Who else feels that way?_
All right. Mr. Cessna, you said you feel that way, and Mr. Parker and Mr. Pfitzer. What do you think about that, Mr. Pfitzer?
VENIREPERSON NO. 38: I agree with that, yes. If under the circumstances, one could do something, they are in control.
MR. CALVERT: Okay. All right.
VENIREPERSON NO. 11: Could I add something?
MR. CALVERT: Absolutely.
VENIREPERSON NO. 11: Technically, you could say someone's in possession of it, but I think the law allows the jury and the Judge a range of punishment for circumstances.
MR. CALVERT: Well done, Mr. Slovak.
] 25 Absolutely. Say that a little bit louder. The law allows
DENISE C.PHILLIPS, CSR ~-- OFFICIAL COURT REPORTER - --272NIY-rH-STRTCT---COURT _______ --------------------- ·----- ---------------
] n ,_j 63 0 3 to he's in possession of his possessions.
0 4
MR. CALVERT:
tools, but that's like saying -- you know, He's in possession of the I'm in 0 6 possession of my gun; but if you steal my gun and you
7 murder Mr. Hernandez with it, I'm not guilty of murder, 0 8 right? I'm just not. I'm not guilty of anything. You're
[] 9 guilty of murder, right, because you shot him; but I'm
10 not. Does that make sense?
0 11 VENIREPERSON NO. 18: Uh-huh.
12 MR. CALVERT: Okay. Mr. Hernandez, how do fl u 13 you feel about that? Are you okay as a juror finding
0 14 somebody in possession of something that they don't
15 necessarily own? 0 16 VENIREPERSON NO. 19: I agree.
0 17
MR. CALVERT:
VENIRE PERSON NO. 19: Are you okay with it?
Yes. n 19 MR. CALVERT: Okay. Mr. Watson, in the back
20 row, how do you feel about that, sir? 0 21 VENIRE PERSON NO. 48: The same.
0 22 MR. CALVERT: All right. 47, Mr. Everett, 23 are you okay with that? B 24 VENIREPERSON NO. 47: I'm wondering if· they
[] 25 know that they have it --
DENISE C.PHILLIPS, CSR /l OFFICIAL COURT REPORTER -~~~- __ -----~- _ -~-------------------- --------~---~-----------27.2ND-DISTRICT-COURT-~- 1 MR. CALVERT: That's the key. You have to
2 know you have it. Okay. You have to -- for something to
8 3 be a crime, you have to know you have it. All right.
Does that make sense? And that's part of what has to be B 4
5 proven by Ryan and Will. Does that make sense?
[J 6 VENIREPERSON NO. 48: If they know they have
7 it, then they are in possession. 0 8 MR. CALVERT: All right. Let me ask you
[] 9 this, Mr. Watson. That brings up a good point. Let's
10 just say-- and we've been talking about drugs. Let's [} 11 let's keep talking about drugs.
12 Let's say I have some cocaine; and you know 0 13 I have some cocaine, right? And I say, "Mr. Watson, can
0 14 you take me down to the grocery sore for a minute?" And
15 you're like, "Yeah, come on." And you let me in your car 0 16 knowing I have cocaine. Am I in possession of the cocaine
0 17
18 that's in my pocket?
VENIREPERSON NO. 48: Uh-huh.
0 19 MR. CALVERT: Absolutely. Is he in 20 possession at that point of the cocaine that's in my 0 21 pocket?
0 22 VENIREPERSON NO. 22: If he knows it's in 23 your pocket 0 24 MR. CALVERT: Yeah, he knows. He knows.
0 25 VENIREPERSON NO. 22:
DENISE C.PHILLIPS, CSR Then, yes, he's in r-,. OFFICIAL COURT REPORTER -lJ -- . -- ------------------- 2 7-2N-D --D-I-5-T-R-I-C-T--CO-U-R.T- ------ -- ------- ---- ------------- --- ----- --- -----
prove ~hat the person who's on tiial is a convicted felon.
Okay? We have to prove that.
0 3 It's kind of like if -- y'all have heard of the offense failure to register as a sex offender, right? 0 4
5 Well, Element No. 1, we have to prove the person on trial
0 6 is what, a sex offender, right?
7 How many of y'all when you walked in here, 0 8 you're kind of eyeballing us up here and trying to figure
[l 9 out who everybody is? Were y'all doing that? Yeah.
10 . And once the Judge said it was a criminal
0 11 case, how many of y'all were trying to, you know, figure out who the defendant was; and you h~d the thought to D 12
13 yourself, "I wonder what that. guy did, " ri,ght? That's
0 14 perfectly natural. It's a human response. The~e's
15 nothing wrong with that. 0 16 But here's the thing you've always got to
0 17
18 keep in mind. And y'all told me.this earlier. as Mr. Greer sits here right now, he is presumed? So, now, 0 1 because you were speeding. And on Tuesday, same thing
2 happens. You get a ticket, and you're completely good for n 3 it because you were speeding. And Wednesday, same story, You're completely good for it. You 0 4
5 ypu get a ticket. were speeding again. .I VENIREPERSON NO. 24: truthfully answer that I cannot hold -- I'm not going n 10 9 that you hear the evidence, whatever the evidence in this case is; and the evidence convinces you beyond a
0 11 reasonable doubt, yeah, they've got the right guy and, [} 12 okay, they've proven he was convicted of a felony, 13 whatever the felony was; but the State hasn't proven to me
'U 14 beyond a reasonable doubt that he exercised care, custody
15 or control over that firearm. Under those circumstances, 0 16 you understand the law would require you to find him not nv 17
18 guilty?
VENIREPERSON NO. 24: Right.
0 19 MR. CALVERT: Even though you know he's been
20 convicted of a felony. You understand that, right? Is 0 21 that something that is that a law that you could follow
0 2'2 and say, .·· "Yeah I I'm going to hold the State to their
23 burden of.proof and require them to prove each element of 'B 24 the offense and not give the State a head start simply
D 25 because I know the peison has previciusly been convicted"?
· DENISE C.PHILLIPS, CSR f( OFFICIAL COURT REPORTER -kJ--- ---- ------- --.----------------------- ----------2-72ND--D;k.£'I'RI-GT-COUR'I'---------------- --·--------- -----·--·------------ 0 77 1 thirigs, like, aggravated sexual assault of a child, right?
2 And people's immediate reaction is anger, outrage; and n 3 let's kill somebody, right? Well, that doesn't mean
B 4
5 they're guilty, right? been charged with. That means that's what they've
You understand that, right?
6 VENIREPERSON NO. 17: Right.
7 MR. CALVERT: And so -- and there's a 0 8 million little different facts. Do they have any history?
0 9
10 If so, what for?
Right now, the question for purposes of this
0 11 discussion that we have to address is for this type-of 0 12
13 law, for this type of offense, do you agree with me that the defendant is presumed innocent as he sits right now
0 14 having heard no evidence?
15 VENIREPERSON NO. 17: Oh, yes, I agree with 0 16 that.
D 17
18 MR. CALVERT: Okay. And do you agree with me that if the State -- we should have the burden and do
0 19 have the burden of proof?
20 VENIREPERSON NO. 17: Yes.
21 MR. CALVERT: And if -- giving an example
22 of -- give an example of a prior offense that you're
23 talking about that would concern you?
24 VENIREPERSON NO. 17: Well 1 unless I cj 25 misunderstood your question, what I was under the DENISE C.PHILLIPS CSR 1
VENIREPERSON NO. 48: knowledge that it's on -- even if it's not mine, in light I'm stuck on the want to, to not testify at all, period, the end. they exercise that right, under absolutely no And if \ 1 VENIREPERSON NO. 44: Haque. 1-- 2 MR. CALVERT: Haque? I
3 VENIREPERSON NO. 44: Yes.
4 MR. CALVERT: Okay. Is it Dr. Haque?
5 VENIREPERSON NO. 44: Yes. II' 6 MR. CALVERT: What do you teach, sir? J VENIREPERSON NO. 44: Structural science.
MR. CALVERT: Okay. Are you okay with the notion, Doctor, of that you don't have to testify? If you're accused of a crime, you don't have to say a word?
Are you okay with that?
VENIREPERSON NO. 44: Yes.
MR. CALVERT: Okay. Mr. Barker, how about you? Are you okay with that?
VENIREPERSON NO. 43: I'm okay. ) 'j 16 MR. CALVERT: Yeah. If'-- very often in
} 17 criminal trials, a jury will never hear the voice of the 18 defendant. Okay? And that's okay. What the law says is _} 19 if the defendant chooses not to testify, the jury cannot
20 consider that as evidence against him.
21 Now, a lot of folks tell me, "Ryan, I get
22 that; but if it was me, wild horses could not keep me off
23 the witness stand. I would want to get up there and 24 defend myself." And that's a perfectly natural way to
25 feel. And it's great to have the luxury to be able to say
DENISE C.PHILLIPS, CSR l OFFICIAL COURT REPORTER ~--- - -- --- --- --- - ----- -- ------- --27-2ND-D-I-S~R-I-CI'---COUR~------ ------ ----- ------------ - - --- ---------- ---- l 84 1 MR. CALVERT: Yeah. What if your lawyer
2 says, "Shut up. You're not testifying," right? Or can 1 J 3 anybody think of another one?
4 Yes, ma'am, No. 54?
5 VENIREPERSON _NO. 54: Incriminating somebody
6 else.
7 MR. CALVERT: You might incriminate somebody .,, 8 else, right?
9 Can anybody think of another one?
10 VENIREPERSON NO. 11: Cross-examination, you
11 can lead the witness. ' 12 MR. CALVERT: You caR -- anybody here anybody here have the feeling as we're as I'm up here talking to y'all and in a little bit Earl will be up here talking to y'all, do you get kind of nervous when you know you're going to get called on and asked to talk and answer questions? Anybody have that feeling?
VENIREPERSON NO. 42: Yes.
MR. CALVERT: Yeah. You think that might be a little bit true if you come up here, and we're going to cross-examine you, and it's going to be a lot different
than this, right? Anybody here feel like themselves or they know somebody who from whatever reason just does not present well in -- I used to have a boss who was a lawyer and we used to joke that we should have a rule that he's
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -- ---- - ------------------ --.---- ------2.'7-2ND-D I STRICT-COURT-------- ------ ------ --- ------------ -c l I 1 not allowed to talk in public because .it was bad, right, J-. 2 when he talked. J 3 So, can everybody agree there's a lot of
~ 4 reasons why somebody may not testify?
5 Mr. Kelling, do you agree with that?
J 6 VENIREPERSON NO. 5: Again, I'll go back to
7 I don't care how bad of a speaker I am. I don't care how J bad of a presence I have. If I truly in my heart feel I'm 8
9 innocent, I should have nothing to be afraid of. J 10 MR. CALVERT: Okay. Yes, ma'am?
~ 11 VENIREPERSON NO. 42: I can address that. I
12 had a situation when I was in college where my car was J 13 stolen, and the police carne to the house, and I don't
J 14 present well, and my spouse at the time didn't look like
15 he presents well. And they went away clearly believing J 16 that we had stolen our car, and -- and they cased the h 17 joint for the next week waiting for it to turn back up. u 18 MR. CALVERT: Let me -- that's absolutely--
J 19 let me kind of give you a real world example. We tried a
20 case in here, I guess, just a week or two ago where a _guy J 21 was charged with the offense of assault, okay, on a
j 22 girlfriend. And he assaulted -- or had been accused of 23 assaulting not one, but two other girlfriends previously, ~ 24 right? And there was a real danger that if you testify
25 and say something, it might open the door to us getting J DENISE C.PHILLIPS, CSR . OFFICIAL COURT REPORTER ·]---- ---- ------ - -----~--------------·-- -2-7-2-N-D-IJI-S'I'-R-I-<:;:-'1'--GOUR--'I'--~----- --- -----~-~--- --------- --- "'""'-I. into these other girls, right? J There's all kinds of reasons, like you said, why somebody may not testify, right?
And so, Mr. Kelling, I'll start with you.
And the real question is this: Right now -- you understand and we can agree that the law requires the jury to not hold it against the defendant if he doesn't testify, right?
. 9 VENIREPERSON NO. 5: Sure .
MR. CALVERT: At the end of the day the question we have to have answered is: Is that a law that you can promise me and promise the Defense that you can follow?
VENIREPERSON NO. 5: I would have a difficult time with that.
MR. CALVERT: Okay. All right. Everybody else on the first row, can everybody make that promise
that if the Defendant exercises his right not to testify, you're not going to hold it against him? All right.
Second row, same question, everybody good?
Oh, talk to me. What's going on? And you're -- hold om. What's your number? You're
Mr. Parker~ Mr. Parker, No. 22, what are you thinking?
VENIREPERSON NO. 22: If you don't stand up for yourself, why should you think somebody else should? J DENISE C.PHILLIPS, CSR
~--- -- --- -- --- -~---------------------~~-~~~-~~~1-~~~-~~T~~~~~~~~-------------------------- - - - - ------ ------
l 88 Last thing I want to talk about and, again, this is something that we're not going to spend a whole lot of time on now, but I want to reiterate something the Judge said earlier. That if myself or Earl ever ask y'all anything that you're not comfortable discussing in front of a really big group of strangers, we can bring you in with a much smaller group of strangers later on. Okay?
But I want to ask y'all, personal experience, either you or somebody close to you -- and we're going to focus on negative experience with law
enforcement. You've been arrested or somebody close to J 13 you has been arrested or charged with something. And,
J 14 again, if you're not comfortable discussing it here, we
15 can discuss it later. I just need to know if there's J 16 something there that we need to talk about.
17 First row, show of hands, anybody, anything
18 that we need to talk about as far as experience with law
19 enforcement, experience with cops?
20 Yes, ma'am?
21 VENIREPERSON NO. 1: I'd like to discuss it
22 later.
. 23 MR. CALVERT: Talk later. Yes, ma'am. And 24 you're Ms. Cox, No. 1. Thank you.
25 Anybody else on that first row? l1 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER --- -- --···- ··-···-·----------------- ----------2-7-2ND-Il:IS'I'R-:IG'I'-GOUR'.I'.- ---- ------------------------ --------·--·----------
n u 95 Second row?
VENIREPERSON NO. 17: Yes, sir, Mr. Holt?
Yes. D 3 MR. CALVERT: Are you okay talking about it?
0 4
5 talk -- VENIREPERSON NO. 17: No, I'd prefer to MR. CALVERT: Okay. going to be a witness in this case, but if other police I don't think he's MR. CALVERT: Okay. Anybody else with experience with law enforcement that we need to talk about
0 14 later?
15 Yes 1 sir, No. 20, Mr. Smith? 0 16 VENIREPERSON NO. 20: I work for the police
0 17 department.
18 MR. CALVERT: Okay.
0 19 VENIRE PERSON NO. 20 At Texas A&M.
0 20
MR. CALVERT:
VENIRE PERSON NO. 20: Is there anything
I'm not an officer.
0 22 MR. CALVERT: Is there anything about the 23 fact that you work for a police department that -- you 0 24 understand the law requires jurors to -- in assessing
0 25 credibility start everybody off equally, right?
DENISE C.PHILLIPS, CSR
0 - ~ OFFICIAL COURT REPORTER ··-- ---· -----·- --··------·--------·------------·-2-7-2ND---:GJ-I-S~RI-GT--GOURT·-------·- -------···------------- --------------- n 97 VENIREPERSON NO. 3: No.
MR. CALVERT: Can we agree that obviously
Mr. Greer had nothing to do with that?
VENIREPERSON NO. 3: Yes.
MR. CALVERT: Would you agree w~th me that it would not be fair to hold that family experience against Mr. Greer, right?
VENIREPERSON NO. 3: Yes.
MR. CALVERT: Could you promise me and promise the Defense that you're not going to somehow use the fact that your cousin who was an officer was killed, use that in any way against Mr. Greer who had nothing to do with that? J 1 14 VENIREPERSON NO. 3: No.
15 MR. CALVERT: Okay. You're okay with that?
16 Thank you, ma'am.
17 THE COURT: Time has expired.
18 MR. CALVERT: Yes, sir. I thank y'all very } 19 much for your attention and participation and ask that you
20 give Earl the same level of participation, and I look J 21 forward to working with 12 of you. Thank you.
J 22 THE COURT: Ladies and gentlemen, I'm about
23 to give you a break. It's going to be a little bit
24 longer, 15 minutes. We're going to be in here talking to
25 some of you one-on-one during your 15-minute break. I'm
DENISE C.PHILLIPS, CSR }_ OFFICIAL COURT REPORTER -------------- ------- - -~ ----- ----2~-2N-D--D I-S'J'.RI-G-T-GQUR-'E---- -------------· ----· -------- --------·-·- B 3 comfortable talking about this in front of everybody.
0 4
5 you. THE COURT: That's why I wanted to hear from
MR. GRAY:
THE COURT: Okay.
You agreeable? n 6
MR. GRAY:
THE COURT: Yeah, t_hat's fine, No. 5, for the record is excused Judge.
0 8 for cause.
[1 9 (Venireperson No. 5 excused for cause.)
10 THE COURT: No. 17. n 11 THE BAILIFF: Do you want me to tell that to u 12
13 No. 5?
THE COURT: Yes, No. 5 is excused. He can
0 14 leave the courthouse.
15 No. 17. tJ 16 (Venireperson No. 17, Michael Lee Holt, at
D 17
18 bench.)
THE COURT: Hello, Mr. Holt, how are you
0 19 today, sir?
20 VENIREPERSON NO. 17: I'm doing good. Thank 0 21 you.
0 22 THE COURT: There was something you wanted
23 to bring up privately? 0 24 VENIREPERSON NO. 17: Yes.
0 25 THE COURT: More privately, anyway.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER D--- --- --- - --- ------ - ----2-7-2-NB-B-I-S!f-R-I·G.o:I'---eGURT------------------- ------ ----- ------- --- - - --------
[J
0 105 1 pretty good judge of characteri but I will have to say
2 that every time I get stopped, which is not very often, I
3 flinch a little bit because I never know what I'm goipg to
} 4 get.
5 THE COURT: I understand. And you mentioned } 6 that you had a few problems with the Fifth Amendment, as I
7 recall -- no J 8 VENIREPERSON NO. 17: No.
THE COURT: -- the prior conviction, that you might hold that against him on the guilt/innocence issue of the case on trial?
VENIREPERSON NO. 17: It would --
THE COURT: Can you assure me that you would not let that influence you in the guilt or decision?
VENIREPERSON NO. 17: I think it would depend on how it was presented. For example, I mean, I know what the law is saying, that he's innocent until proven guilty.
MR. GRAY: We'll agree.
l 20 THE COURT: Do we have an agreement? u 21 MR. CALVERT: We do.
J 22 THE COURT: We're going to excuse you for 23 cause, sir. Mr. Holt, you're free to leave the 24 courthouse. You do not have to return. Thank you very
25 much. .J DENISE C.PHILLIPS, CSR J-- -- ----- ~- ----- -------- -- - - ----- --~-~-~~~~~~I-~~-~~~T~~~~~~ER__ --- ---·--------- -- ---------- ·---
J
I 107 J r. 1 VENIREPERSON NO. 17: Thank you.
2 {Venireperson No. 17 excused by agreement.) \ 3 THE COURT: No. 22.
4 MR. GRAY: Which one was that?
5 THE REPORTER: 17.
1 6 THE COURT: Mr. Holt, No. 17.
7 {Venireperson No. 22, Brent Keith Parker, at 1 8 bench.)
9 THE COURT: Mr. Parker.
10 VENIREPERSON NO. 22: How are you?
11 THE COURT: How are you, sir?
12 VENIREPERSON NO. 22: Fine. 1 13 THE COURT: The prosecutor may have some ) 14 questions for you right now.
15 MR. CALVERT: I don't, Judge.
16 THE COURT: Do you have any questions?
17 MR. GRAY: Yes. It's Mr. Parker; is that
18 right?
19 VENIREPERSON NO. 22: Yes.
') 20 MR. GRAY: Okay. Whenever the prosecutor J 21 had gone through the Fifth Amendment rights, I believe you ~ l 22 had indicated that you had some tendency to want the
23 defendant to testify --
24 VENIREPERSON NO. 22: Yes.
25 MR. 'GRAY: -~ for whatever. Is that still
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER r. --- -- ---- - --- --------------------------------2 7·2ND--niSTR-r-cT---coURT·--------------------··------- -------------------- 1 your position?
2 VENIREPERSON NO. 22: That's always been my
3 position.
0· 4
5 in way -- MR. GRAY: Would that affect your decision l- .
2 MR. GRAY: I notice that you said that you J 3 could "make an honest conviction." I don't know if that was a Freudian slip or -- } 4
5 VENIREPERSON NO. 24: Well, an honest 'l lJ 6 decision maybe should be the correct one.
J'---~----7- -·----····--··-·-------- MR. GRAY: Okay. And it ' s -- and I understand we can't get into the facts just like the prosecutor said.
VENIREPERSON NO. 24: I understand that, too.
MR. GRAY: But if it would affect your ability in any way to serve on this jury, then we need to know about that.
VENIREPERSON NO. 24: Correct.
MR. GRAY: so, you would not hold it against him whatsoever if they first proved beyond a reasonable doubt he's been convicted? You would not then let that go into your thinking as to the possession?
20. VENIREPERSON NO. 24: Yes, sir.
21 MR. GRAY: That's correct?
22 VENIREPERSON NO. 24: I mean, I understand 23 because a lot of time you work with people that don't
24 necessarily -- you have to separate the action. Kind of 25 like with your kids sometimes, you separate actions.
DENISE C.PHILLIPS, CSR
l. ,- -- · -- ·----- OFFICIAL COURT REPORTER -----·-------------------------2 72ND-D-:r-STR-I-cT--COURT----·----------·· -------- ··---------·------ J ..., . I 1 MR. GRAY: Absolutely. l- 2 THE COURT: Thank you for your candor. Step J 3 outside, and you can go ahead and take your break.
~ 4 (Venireperson No. 24 retired to hallway.) u 5 THE COURT: No. 30. 'j u 6 MR. CALVERT: What was her issue, Judge?
7 THE COURT: Failure to testify. J 8 MR. CALVERT: Earl, I'll agree if you'll
~ 9 agree.
10 MR. GRAY: Yes. That's good. ~ 11 THE COURT: No. 30 is excused by agreement
~ II 12 for cause. !J 13 (Venireperson No. 30, Sharon Alice Moorer at 0u 14 bench.)
15 THE COURT: Madam, the parties have agreed ~ 16 to excuse you. You're free to leave the courthouse. You u~ 17 do not have to return. You're Juror No. 30i is that
18 correct? ll u 19 VENIREPERSON NO. 30: Right.
20 ~ THE COURT: Thank you very much. l, 21 VENIREPERSON NO. 30: I thought I had R 0' 22 questions to answer.
23 (Venireperson No. 30 excused by agreement.) ~ 24 THE COURT: No. 48. 57 is so far back. Do
n 25 you want to just agree on that one? u DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~---- - ----- --~---------~------~------z-7:2-ND--IJI-STR-I-eT--CCH:JRT---------~----- ----------- MR. CALVERT: Yes, sir. J. 1
2 MR. GRAY: Yes, sir. J 3 THE COURT: 57 is excused.
~ 4 {Venireperson No. 57 excused by agreement.) ~ 5 THE COURT: Can we agree on 53? ~ II u 6 MR. CALVERT: I was about to say, Judge, 53,
7 also. ~ 8 THE COURT: 53 is excused for cause. n \· 9 {Venireperson No. 53 excused by agreement.) a ·•
10 THE COURT: Ernie, you can go ahead and !l llJ 11 excuse for cause Juror No. 53 and Juror No. ·57. Those are
~ 12 agreed upon.
13 {Venireperson No. 48, Jeffrey Matt Watson, ~-j 14 at bench.)
15 THE COURT: Come on up, sir. How are you? ~ 16 Mr. Watson?
~ 17 VENIREPERSON NO. 48: Yes, sir.
18 THE COURT: You had an issue you wanted to
~ 19 bring up to us a little more in a private ·setting, right?
il 20 VENIREPERSON NO. 48: Yes, sir. I wanted to u 21 let y'all know that I had an arrest for DWI about 15, 16
~ 22 years ago. I just wanted to let y'all know.
23 THE COURT: That's a misdemeanor. It ~ 24 doesn't legally ?isqualify you to serve as a juror.
~ 25 Do you have any questions?
DENISE C.PHILLIPS, CSR ~--------------- __________________o~!~~~~~r~~~~~T~~~~-:~E~--------------------- ------------ 1 MR. CALVERT: Do you feel like you were
2 treated fairly by the police?
3 VENIREPERSON'NO. 48: I do, yes.
4 MR. CALVERT: And by the D~A. 's Office or 5 the County Attorney's Office?
J 6 VENIREPERSON NO. 48: Yes.
7 MR. CALVERT: Okay. Is there anything about J 8 that case that would play any role in your decision in
9 this case?
10 VENIREPERSON NO. 48: No, not at all. n u 11 MR. CALVERT: That_'s all I have, Judge.
THE COURT: All right. Stay with us. Go ahead and take the rest of your break.
(Venireperson No. 48 retired to hallway.}
THE COURT: So, we have agreed, for the record, on 4, 5, 17, 22, 30, 53 and 57.
MR. CALVERT: And I don't know if we were on the record earlier, 31 as well, Judge. Ms. Frederick, was gone before we started.
THE COURT: Yes, 31 is Ms. Frederick. 31 is excused.
All right. Y'all take a five-minute break, and we'll get started again.
MR. GRAY: Yes, sir.
MR. CALVERT: Yes, sir.
DENISE C.PHILLIPS, CSR ~---- ----- ----~----------------~~-~-~-~~~~1-~~~-~~T~~~~:~~~--------------- - - - - - - - - - - J
(Short recess.)
THE COURT: You ready?
MR. GRAY: Yes, sir.
THE COURT: Bring them in, Ernie.
(Venire panel reseated.)
THE COURT: Y'all notice we've got a few
empty chairs. We've excused some of the jurors during the break after we talked to them. Here are the jurors that have been excused so far, that there should be an empty
chair, but there should be no other empty chairs: No. 4, No. 5, No. 17, No. 22, No. 30, No. 31, No. 53, and No. 57.
Other than those, do any of you see a vacant chair that shouldn't be vacant?
J 14 All right. I believe we've got everybody, 15 then. Let me ask you, the court reporter has requested J 16 that y'all keep your voices up. She's having a little
17 trouble hearing a couple of you, so keep your voice up if J 18 you would, please.
J 19 (Venireperson No. 30 excused by agreement.)
20 THE COURT: Go ahead, sir.
21 MR. GRAY: Thank you, Judge.
22 VOIR DIRE EXAMINATION BY MR. GRAY
23 MR. GRAY: Well, I apologize if you're not
24 one of those empty chairs. I'll see what we can do.
25 The prosecutor has already introduced me. I DENISE C.PHILLIPS, CSR ~ I OFFICIAL COURT REPORTER ,--- -·---- ·------------·----- -272ND-IJ-ISTR-rCT-COURT---------~--- ---------- l 115 1 going to get you out of here as soon as we can today.
2 And if you are selected, we don't anticipate
3 this is going to be a very long trial. As the Judge
4 indicated and the Prosecution, you know, Wednesday, maybe
5 Thursday. So, a day, day and a half is probably about it.
6 Okay.
7 As the prosecutor also indicated, you're J 8 only decision is going to be guilt/innocent. You're not going to have to be around -- stick around for any of the punishment phase, if we get there. Okay?
Now, after the Prosecution's voir dire, who out there, though -- you need to be honest with yourself ~- who out there believes that Mr. Greer has been convicted of a felony? All that talk about a felony conviction. Anybody?
VENIREPERSON NO. 11: Well, I would make the assumption I was making the assumption that the case would not have been brought up had that not been the foundation already established.
MR. GRAY: Okay. And I'm not going to pick directly on you-all -- and I don't fault the Prosecution.
J 22 I think it's just kind of the way it sort of went. But
23 does everybody understand that there's 'been no evidence ~ 24 that's he's been convicted of any felony? Does everybody
25 understand that? 'l
. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l --- ·- -----·-- -·---------'------------2-7-2ND-D-IBTR-I-CT-C0URT------------------- --·--- ------- 0 117 But I just want to make sure you see the distinction between those.
Preponderance, that's the level of proof that you have to have in a civil case. What level of proof is that, anybody?
VENIREPERSON NO. 11: The greater weight of the evidence.
MR. GRAY: The greater weight of the evidence sounds like what?
VENIREPERSON NO. 11: 51 percent.
MR. GRAY: 51 percent or more likely than not. Okay. Millions of dollars in verdicts awarded every month in this United States of ours under that level of proof, that 51 percent. r: 15
16 see in CPS cases. Clear and convincing, that's a standard you
That's a level of proof that's r: 17
18 necessary for basically the government to take away your child. Obviously, a higher level of proof. That is
~i 19 defined as a firm belief that the allegations are true.
20 Well, that's pretty convincing, isn't it? A firm belief
21 that the allegations are true? Is that enough? It's not.
22 What does the level of proof have to be?
23 VENIREPERSON NO. 9: Beyond a reasonable
24 doubt.
25 MR. GRAY: Beyond a reasonable doubt. Okay.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER · - - ·- --- -- · -- -- ·· ---·--- ··-·-··· --2-7·2ND··-DrSTR-ICT--COURT·-C -
0 121 think was real good. I think ii was -- was it, Ms. Welsh?
You had some issues or some problems with a roommate; is that right?
VENIREPERSON NO. 9: Uh-huh. Yes, sir.
MR. GRAY: Okay. There's a lot of marijuana
in this community. More so than I guarantee you most of you folks would ever want to know. I know, they know, because we prosecute and defend these kinds of cases.
Okay. So, that's a common deal in college-type situations, and I've had people that have even had prior convictions have gone straight and what are their roommates doing? They're still continuing· to smoke marijuana or use marijuana. And that is a problem.
But it falls down io the facts of the case, right? Just like the Prosecutor :said, it would be one thing if ~he marijuana was in an open area, right? It was on the dining room table. Everybody had access to it.
Could you see how multiple people might be in possession of it? Okay.
What if it was hidd~n in the roommate's
closet in her purse? Could you see how the other roommate ' 22 would not have possession of that? Does that make sense?
23 Okay.
24 What if, though, the other roommate knew
25 about it? Is that enough? Knew the other person had the r-------- DENISE C.PHILLIPS, CSR ---------------------0~-~-~~~A~I~~~~~T R~~g:~ER ___________________
0 132 n u 1 marijuana in their purse in their closet, is that enough?
2 No. Okay. You have to knowingly possess it. Okay. D -I·' 3 Juror No. 10, Mr. Smith?
0 4
5 VENIREPERSON NO. 10:
MR. GRAY: Yes, sir.
Reach under your chair for me, if
0 6 you could, all the way back. Okay. You've got to keep
7 going. Anything back there? 0 8 VENIREPERSON NO. 10: If I can get to it. u n 9
10 MR. GRAY: All right.
VENIREPERSON NO. 10: What is that?
Either a kilo of 0 11 cocaine or a box of Kleenex.
0 12
13 MR. GRAY: That was the same kilo of cocaine or box that was sitting right up here. Well, come on now.
0 14 Y'all saw him sit it here. Didn't you wonder where it
:o 15
16 went? down? Didn't you check under your chair before you sat [l- __) 1 object? Of course.
2 All right. Let's talk a little bit about n 3 technicalities. Let's say that we have a burglary of a
4 home, and they allege in the indictment -- does everybody D 5 know what an indictment is? I teach criminal procedure at
0 6 Blinn to some legal assistants/ and we're going through
7 informations and indictments. 0 8 An indictment is basically a piece of paper.
0 9 It's pink. It's the formal charging instrument that the State uses to charge an individual with a crime. The 0 11 State of Texas -- not all states -- but in the State of 12 Texas, you have a right to an indictment on any felony 0 13 case. Okay. It spells out those elements that they have
0 14 to prove. Okay.
15 Let's say in the indictment, that this is 0 16 the burglary of a habitation, burglary of a home case; and
0 17 they allege that the person broke into this home; and they stole a VCR. That's what the indictment says.
0 19 They get their witnesses. They come in.
20 The police officer testifies. The owner of the home 0 21 testifies, and he testifies that, yeah, something was
0 22 stolen. It was my DVD player. Then they rest.
23 Now, have they proven beyond a reasonable 8 24 doubt the person broke into the house and stole a VCR?
0 25 VENIREPERSONS: No.
DENISE C.PHILLIPS, CSR lr -; . --~----·~ OFFICIAL COURT REPORTER ~--~-----~~~--~----2-7-2ND--D-I-£'I'-R.I-C-'I'-GOU.RT~~~--~----~--~--- ------- n 135
Okay. That's all we're going to ask you to do.
Okay. The Judge is going to give you -- you A " ..'! 3 get to hear the facts; and the Judge is going to give you
4 the law, okay, on how you apply that law to the facts of B 5 the case. So, there won't be a bunch of questions. All
[J 6 you have to do is follow that law, and that's what we're
7 asking you to do. n ,_- 8 All right. I want to talk to a few
0 9
10 people -- as the Judge indidat~d, the jury, it's -- this is Juror No. 1. the folks that end up on
So, you're in the D 11 hot seat. Okay. And then whoever is left over, we start
12 here, and it's 1 through 12. Okay. So, the back row, 0 13 Juror -- is it 60? How do you say your name?
[1 14 VENIREPERSON NO. 60: Hudspeth.
15 MR. GRAY: You're the least likely person to :o 16 be on this jury. Probably the whole back row because we
0 17
18 just won't get to you. ten strikes. We'll run out of strikes.
They get ten strikes. I get
Ten and ten is 20. r-r. u 19 We've got to have 12 people on the jury, so where does it
20 stop? The first 32. Well, there may be some issues D 21 because we sometimes double strike, but that's pretty
0 22 close to the way it works.
23 Let me ask some other folks. B 24 Ms. Cox, you worked at -- do you work at
D 25 Wal-Mart currently?
DENISE C.PHILLIPS, CSR _g~ OFFICIAL COURT REPORTER ' .---~-II-----------------2-7-2-NB-B:I:-S-'I'R-Fe-T-e0HRT-------------I------- Office as well. Any problems with that at all?
VENIREPERSON NO. 37: No.
MR. GRAY: I have a close affiliation with
the District Attorney's Office. I work with them all the time. I used to work there. Okay. That's not the issue.
The issue is whether it will bias you in any way. Okay.
And we talked about bias not in the -- it's not any kind of a racial kind of thing bias. What we're talking about is do you have strong feelings about the law one way or the other, okay, such that it would affect your ability to serve on a jury? Okay?
Is there anything I left out?
Okay. We've got a student of mine, Ms. Henry; is that right?
VENIREPERSON NO. 23: Uh-huh.
MR. GRAY: Okay. Anything about me being your instructor at one point --
VENIREPERSON NO. 23: No.
MR. GRAY: Hopefully, I gave you a good grade. Okay.
All right. Well, I'll sit down. Thank you.
THE COURT: Let me have the lawyers come up just a minute.
(Bench conference:)
THE COURT: I'm thinking about letting 54
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER -----------I---------------------------2~~-NB-~~S~-R-FG-T--GGBR~~----------------------I-------- l J 1 through 60 go.
2 MR. CALVERT: Yes, sir.
3 MR. GRAY: I agree.
4 (Bench proceedings concluded.)
5. THE COURT: Jurors No. 54 through 60, you
J 6 are excused. You can leave the courthouse. You do not
7 have to return. Have a nice day. J 8 (Venirepersons Nos. 54 through 60 excused.)
9 THE BAILIFF: As you're going out, please J leave your number on the last chair as you're going out.
THE COURT: The rest of you, we're going to take probably a break of about 30 minutes. It could run a little longer, to talk to some of you one-on-one. I don't think there will be many of those. And then the lawyers
will strike their lists, and we'll bring you back in and announce the jury. So, take a ten-minute break and then gather outside the door and let's see if we need to talk to you.
THE BAILIFF: As you're going out, place your card on the last chair of your row. If you're going out this way, place your card on the last chair of your row.
(Venire panel retired.) ~ 24 (Off-the-record discussion.)
~ 25 (Short recess.)
DENISE C.PHILLIPS, CSR ~-· OFFICIAL COURT REPORTER ----------------~-2/:<m-n--IJI-STRTCT-cOURT--·--·-------- n '-·--1 D-. 1 MR. GRAY: And the law that the Prosecutor 2 is referring to is possession. It•s custody, control and n 3 management of an item. You have to know it•s there.
0 4
VENIREPERSON NO. 9:
MR. GRAY: Right.
You have to have custody, control
0 6 or management. So, there•s four different ways, you know, 7 that you can possess something. And if they prove beyond 0 8 a reasonable doubt that the person had care, custody,
0 9 control or management of the item, then you have to find the person guilty.
0 11 VENIREPERSON NO. 9: Right.
MR. GRAY: And if they don•t, then you find 0 12
13 the person not guilty.
0 J \ I 14 VENIREPERSON NO. 9: Right.
15 MR. GRAY: Can you follow that law? 0 16 VENIREPERSON NO. 9: Yes, sir. o· 17 MR. GRAY: Okay.
18 THE COURT: Let me understand. Tell me what
0 19 you believe, at least so far in the best efforts you can
20 make, what the difference between possession and ownership 0 21 is.
0 22 VENIREPERSON NO. 9: Well, I understand 23 that. Like, I understand that even though I might, I 0 24 guess, not have one of my possessions on me that I could
0 25 be still held responsible for that even -- like they were DENISE C.PHILLIPS, CSR .Q OFFICIAL COURT REPORTER ,-------I-----------------2-9-2-N-EJ--BrSTRI-eT-eCH::fRT--------------I------
VENIREPERSON NO. 38:
MR. GRAY: All right.
Yes, there was -- I think when
0 19 the Prosecution was talking about the Fifth Amendment on
20 the defendant's right not to testify, I believe you 0 21 indicated that if the person did not testify and it was a
0 22 prior felony-type conviction that you were dealing with, 23 that that might go into your decision as to whether or not 0 24 the person testified or not~ follow the rule.
THE COURT: All right. Any other questions?
MR. CALVERT: No, sir.
THE COURT: Step out in the hall and stay with us.
(Venireperson No. 38 retired to hallway.)
MR. GRAY: Judge, on 38, we would move to strike for cause; and we would also want the record to reflect the hesitation prior to making his decision that he could follow the law.
THE COURT: Yeah, there was a 30-, 40-second hesitation on the questions that I asked him. What do you say? ' I
MR. CALVERT: Judge, he was thinking about his answer; but he very clearly said on more than one occasion that he would follow whatever instructions the Court gives him; and if the Court specifically instructed him not to consider that, that he would not.
THE COURT: I believe that he equivocated, but in the end he closed the deal that he would not consider it as evidence against the Defendant. Therefore, your challenge is denied.
MR. GRAY: Okay.
(Venireperson No. 39, Nancy Hicks Nelson, at DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~---------- -~--~-------------------2~7-2-N-D-:QJ:-S-'I'-R-I-G-'I'-GGUR-'I'-----------------· ·---------~- ....__)
0 155 0 1
2 be under oath or anything.
THE COURT: He does not. 0 3 MR. GRAY: Mr. Greer, I've represented you
0 4
5 on this case for a some period of time; is that right?
THE DEFENDANT: Yes, sir.
0 6 MR. GRAY: Okay. And you understand that rj 7
8 there's been different offers that have gone back and forth; is that right?
0 9 THE DEFENDANT: Yes, sir.
10 MR. GRAY: Specifically pre
0 11 THE COURT: Are you going to go into the offer? If I'm going to assess punishment, I probably D 12
13 ought to go out of the room when you do this. Is that all
0 14 right?
15 MR. GRAY: That's fine, Judge. 0 16 THE COURT: Y'all got any objection to that?
0 17
18 MR. CALVERT:
(Judge retir~d No, sir. from courtroom.)
0 19 MR. GRAY: Okay. You're still recording?
20 THE REPORTER: Yes, sir. 0 21 MR. GRAY: Okay. Prior to the indictment, \ I 1 those warrants for record purposes only, not for the jury. \ . _.· 2 THE COURT: Were those cases just refused
3 for prosecution or dismissed? ' 4 MR. CALVERT: I don't know if they were
5 declined if they were ever even submitted for pro~ecution. i. 1' 6 ~-was a B~yan ~D case. It never went anywhere. \ THE COURT: Do you have any objection to all of that?
MR. GRAY: No, Judge. I mean, if there's you know, there may be some procedural evidentiary, you know, hearsay, that kind of thing; but I'm not going to object to -- you know, if they're going to limit it to just the warrants
THE COURT: The warrants, the mentioning of the warrants
MR. GRAY: Then, yeah, I think that's fine.
THE COU~T: Okay.
.''- MR. GRAY: Judge, I have filed a timely f9 suppression he~ring. I'm not requesting that we have a
20 separate hearing. , 21 THE COURT: We'll carry it along by
22 agreement, and I'll rule on it whenever you ask me to.
23 MR. GRAY: Okay.
24 MR. CALVERT: Judge, the only other.issue
25 THE COURT: What is the basis of that DENISE C.PHILLIPS, CSR
~------ ~~--~- ------~~-----~---------~-0-~!!-~~-~~~:E-~~~!~T~~~~-:~~~R~--------~--~----~ ----~-
} 168 l _MR. C~LV~R'J': I think h_ave to, Judge, J-. 1 w~
2 THE COURT: You got any objection to that? ~ J 3 MR. GRAY: I •m sure I will at least under,
~ 4 you know, 403. i'u 5 THE COURT: All right. ~ 6 MR. GRAY: Unduly prejudicial, but I d 7 understand -- ~ 8 THE COURT: But if it•s an element of the
~ 9 case, I don•t see that I have an:y option. u 10 MR. GRAY: No, but I guess it depends on
~ 11 what all is contained in the Judgment. You know, 12 sometimes we have issues; and I'll -- I don•t -- I don't ~ ii J 13 think it's going to -- this was a jury trial; but if we•ve ~ i 14 got a revocation and things of that nature, some of that u 15 stuff may need to be excised. I don•t ~ u 16 THE COURT: All right. R 17 MR. GRAY: :t donTt--Ehirik that th.at.is u 18 necessarily
J 19 MR. CALVERT: Well, I will say just kind of n 20 in that regard, and we can do this tonight or this u 21 afternoon just so it's ready to go in the morning,
~ 22 contained in the certified copy of the Judgment, that case u 23 was also a 25-to-life case. So, there's two enhancement l~ 24 paragraphs that are listed in the Judgment.
~ 25 And assuming you don•t have any objection to ~ DENISE C.PHILLIPS, CSR r OFFICIAL COURT REPORTER ~ 272ND DISTRICT COU~T
J 2 us redacting those because that's what he was convicted of on the two prior cases, and we will redact that so that \ all the jury will see is just the one case, the possession of methamphetamine and the 40-year sentence.
THE COURT: Now, what -- tell me -- explain the law to me, again, on this five-year thing. What do you have to prove? What is that element?
MR. CALVERT: We have to prove that either you're still -- still on supervision of some kind or that it hasn't been more than five years since you've been off supervision.
THE COURT: Okay.
MR. CALVERT: So, you're at minimum within five years. There's another way to do it, too. You can possess a firearm in your home after five years, but you
can't possess it somewhere other than your home. But the - ·- ... ---- -· . - --· -· - . -· .... l 17 paragraph of the statute that applies in the case is you u 18 have to be at least within five years of your discharge n u 19 from incarceration or some type of supervision, whichever
20 comes later. So, obviously, if you're still on
21 supervision, that qualifies as long as you've been finally
22 convicted.
23 THE COURT: All right. That's fine.
24 Now, on the charge, are we going to have any
25 issues therei or is it pretty cut and dried?
DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~--- _ ~--~- ---~~--~------~-----222ND~D.IS.TRI.CT--COURT---~---------- ------------
J
'1 172 J n 1 MR. CALVERT: I think it's pretty !J 2 straightforward as far as that goes.
J 3 MR. GRAY: Yeah, I don't see any kind of 4 lesser includeds or anything at this point, _Judge. So ~ 5 MR. CALVERT: No, sir.
~ 6 THE COURT: No lesser included because
7 you're not going to try to claim you don't have a previous ~ 8 conviction?
9 MR. GRAY: Well, I'll probably.try to argue, u 1() but I'm going to see how the --
~ 11 THE COURT: So, if you produce a scintilla
12 that you haven't been convicted, there could be a lesser J 13 included?
14 MR. CALVERT: Well, I don't think so, Judge, u 15 because if he's not convicted, it's not a crime to possess ~ 16 it. I mean, you can have a gun -- --
~ 17 THE COURT: What about unlawful unlawful
18 carrying of a weapon is not a lesser included?
~ 19 MR. CALVERT: Not in your car.
20 MR. GRAY: Not .:._- yeah, not -- ~ 21 THE COURT: When he's traveling.
~ 22 MR. GRAY: Not as of this date. And that
23 would have been -- J 24 MR. CALVERT: It's 2012. You don't even
~ 25 have to be traveling anymore. They did away with that. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~--------- 2 7 2ND · DIS_TRLCT____CO.URT
J l J You can just carry a gun in your car now. l-- 1
2 MR. GRAY: That's true. ~ J 3 THE COURT: Really? I didn't know that.
~ 4 MR. GRAY: Yeah.
5 MR. CALVERT: Yes, sir.
~ 6 THE COURT: I might just put mine in.
·7 MR. GRAY: It. makes no sense, I think, to ~ 8 get a concealed carry permit because the places that you
~ 9 can't take it into, you still can't take it.
10 THE COURT: Oh, I agree.
~ 11.. --· MR. CALVERT: Well, you can and we can, because Judges and Prosecutors can; but other people ~ 12
13 can't.
J 14 THE COURT: Well, now, in order for a Judge
~ 15 to do it, we've got to have a concealed to carry, though, il u 16 don't we? n 17 MR. CALVERT: No, that's what I'm saying. ~ ,\
18 Judges and Prosecutors have specialized -- this doesn't·
~ 19 have to be on the record.
20 (Off-the-record discussion.) ~ 21 THE COURT: All right. We'll see y'all at
~ 22 8:3 0 0 No other motions in limine for either side?
23 MR. GRAY: No, Judge, the only issues that I ~ 24 can see as far as the limine is going to be with his
~ 25 priors; and I think we're going to -- we'll handle that on
DENISE C.PHILLIPS, CSR ~-------- ----·-·---------------0-~~-~~~-~~T~~~~~T~~;g=~"=~~E__R_______________ - - - - - - - - - n 174 0 1 THE STATE OF TEXAS 0-- 2 COUNTY OF BRAZOS
0 3
4 I, DENISE PHILLIPS, Official Court Reporter in and for D 5 the 272nd District Court of Brazos, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence B 6 and other proceedings requested in writing by counsel for the parties to be included in this volume of the 7 Reporter's Record in the above-styled and numbered cause, D 8 all of which occurred in open court or in chambers and were reported by me.
D 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I fu~ther certify that the total cost for the preparation of this R~orter' s Record is $ ~~~e.o and was 0 12 paid/will be paid by ~Y"'~1...0~ Q.c~ . \ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0 14 May, 2013.
0 !)~~~ \)Q,u~.o) 15
16 D 17 Texas CSR 6482 Official Court Reporter 272nd District Court
D 18
19 Brazos County, Texas 300 East 26th Street, Ste. 204 Bryan, Texas 78703
0 20 Telephone: Expiration: 979-361-4221 12/31/13
0 21 0 23
24 CERTIFIED 0 25 TRANSCRIPT Q___- ~------ --------------~----"D""-'E,._,N"'-'I,.._,S_E_C_._PHILLTPB_,_CSR__________________ OFFICIAL COURT REPORTER 2·72ND DISTRICT COURT 0
D State v. David Duane Greer 11/13112 Vol 3 108/2 108/6 108/10 108/15 113/16 157/8 157/14 157119 157/23 I58/2 9:00 o'clock [I] 18/5 1 - ' - - - - - - - - - - - - i 114111 158/13 158116 158/21 159/5 159/9 fo=:9~=3~o'-'-r~:I1_:.::18::.:15'--------;
0-- . - p·o""8'-'-r~:tl'--'-"I2""3:..:.11-=-2------i23 1121 13/IO 13115 13/19 13/23
1 - / - - - - - - - - - - ; I411I5 I411I8 f'-'/s'-'r""':ll~I7'-=5"-'/1"'-5--------i24 [24) 55/7 55/I I 55/16 55/21 159/11 159115 159116 159117 I3/25 I5/20 I5/25 I6/5 I6/7 56/3 I69/25 40-second (1) I53112 40-year (2) 169/21 I7114 A 1-----------i abide (2) 8I/17 152/11 ability [6) 61124 62/2 10119 55/25 75/25 76/4 76118 77/I 77/4 403 [1) I70/4 I I0/13 I41/I I I51125 1-~----------; 99/9 I08/16 108117 108/20 108/24 41 (5] 31125 90/20 157/5 159/13 able [11) 7/24 9/8 19/12 47/9 79/1 10 (14) 29/129/4 29/6 29/10 57/6 109/::i 109115 109119 110/5 110/10 159/18 83/25 103/5 122/16 138/22 148/19 6114 61/13 61/15 75/13 132/3 ·110/15 J-10/20 ]-I0/22 11114 42 (10] 31117 31!21 65/22 65/23 -I55/20 - 132/4 132/8132/10 132/17 24007265 [1) 2/10 65/25 66/9 84/24 85/18 86/11 about (204] 10-13-00049-CR (1) 1/4 24036308 (1) 2/4 90/17 above [4) 1/15 123/I 1 175/5 IOO [I) 63/10 24077302 [1) 2/5 4221 [2) 1124 175/19 175/7 I03 [I) 2111 25 (14) 54/7 54/10 54/15 54116 43 (4) 83/15 90/5 143/6143/9 above-styled [1) 175/7 11 [24) 28/18 28/20 34/20 34/23 54/17 54/20 54/22 55/1 55/3 55/5 4320 (1) 2/7 above-titled [1) 1/15
0 35/4 36116 37/8 37112 37/23 38/3 55/9 55/10 55/15 161/10 38/6 62/18 62/20 63/2 63/7 64/7 25-to-life [I) 170/23 75/14 85110116/16 119/6 119110 26 (12) 51/22 51/25 52/4 52/7 44 (5] 83/1 83/3 83/5 83/7 83/12 absolute (1) 82/16 45 [2) 82/23 90/3 46 [2) 43112 43/15 absolutely [11) 60/25 62/19 62/25 63/4 63/10 70119 82/18 84/20 120/6 121110 135/3 52/13 52123 53/2 53/5 53/13 53/16 47 [4) 69/22 69/24 7117 71110 86/18 111/1 129/17
0 12 [31) 7/13 7/15 8/1 10/24 17/6 53/20 54/4 28115 3011730/2133/25 45/3 45/5 26th [3) 1/23 2/6175118 45/1145/1445/1845/2046/3 46/7 27 (2) 51/15 51117 4759 (1) 2/12 48 [16) 69/2170/6 70/18 811I4 81115 82/495/1199/911I/24 Abstract [1) 14/1 access [4) 47115 47/15 66/4 131117 46/10 46/13 46/23 47/4 47/8 67/16 272 [I) 1/3 112/13 112117 112/20 I13/3 Il3/6 Accident [1) 20/5
0 75115 98/21122/7 122/7 130112 136/12 136/19 162/13 12/3I/13 [1) 175/20 13 [11) 3/2 4/2 5/2 27/24 28/3 272nd (4) I/8 1/22 175/4 175/17 S 113/10 113/14 49 131 57/21 58/1 58/3 accord [I) 125/3 accusation [1) 5/5 accused [9) 9/8 11/6 83110 86/22 115/14 115/15 133/25 135123
0 28/7 28/9 28111 4511 75/16 175/20 so [2) 58/8 58/11 158/23 13th [I) 1/14 30 (40) 17/24 32/20 48/1 48/5 50s [I) 7/19 acquitted [I) 118/19 14 [16) 27/21 29119 29/20 29/22 48/7 48/10 48/12 48/14 48116 51 (4] 58114 119/10 119/I1 across [3) 49/25 120/2 139/3 29/25 30/3 30/6 30/8 30/11 40/5 48/18 48/25 49/5 49/8 49/15 49/20 119/14 action [I) 110/24 43121 43/25 44/8 44/16 47/14 49/23 50/3 50/7 50110 50113 50/15 53 [12) 93/2 93/3 93/5 93/10 99/9 actions [1) 1.10/25
0 75117 15[13]15/517/1527/927/11 27/1427/1744/1944/2373116 50119 88/10 88112 89/10 89/19 112/5 112/6 112/8 112/9 112/11 99/9111/5111111111/13111/17 113/16114/11 111119111121111/23113/16 active [1) 166/5 activity[l]I47/19 54[17)58/1858/195811958/20 actua1[3]18/350/5109/18 73118 75118 98/24 112/21 114/11 114/19 142112 153112 58/22 59/2 59/13 85/4 85/5 95/18 actually (16) 6114 7/9 7/18 24/13
0 IS-minute [3) 98/25 99/5 99/11 16 [4) 42/2443/5 80/6112/21 164/16 300 [3) 1/23 2/6175/18 17 [35) 43/8 68/3 68/4 68/9 77I 13 31 [4) 113/18 113/20 113/20 95/22 95/25 96/3 96/10 141125 142/5 I42/8 57 [8) 95/15 99/10 111/24 112/3 37/1 45112 56117 66/13 115/5 123/25126/11 126/I8 137/18 139/10 139/11 148/24 78/678/1578/2078/2479/579/8 114111 112/4112/11113/16114/q add[1) 62118
0 80/1 80/3 95/2 95/4 99/8 104110 310 (1] 2/6 104/15 104/16 104/20 104/24 105/1 105/5 105/8 105/22 105/25 136/20 32 (5) 80/9 80/10 80113 80/19 59 (2] 7117 7/18 5:00 [2) I25/9 125/II 5:00 o'clock (1] 18/7 address [2) 78/11 86/11 addressed [1) 64/12 addressing (1] 66/13 106/_8 106/12J06l!5 1.07/L 107/2. 3235 [-1)2/-12 -5:05111-12-5/-12- - - -admonition [1) 5/18
0 107/5 107/6 II3116 114/11 18 [8) 34/13 34/16 68/12 68/15 68/18 68/21 69/2 69/11 IS-year-old [1) 60/22 33 (4) 32/4 32/9 32/15 80/22 60 [11) 7116 62/6 62/8 93/11 advance (I) I63/7 advantage (2) 75/22 811I2 advice [1) 126/6 93/12 93117136113 136/14 142/1 advise (1] 138/12 19 (5) 33/18 33/20 34/8 69/16 40/16 40122 40/24 41/3 81/3 142/5 142/8 advised (1) 84/25
0 69/18 1997 [I) 169/20 1:15 [I) 164/10 36Ist [I] 135111 affect [7) 21111108/4 109/4 109/11110/12141110151124 affiliation [2) 140/15 14113 1:30 [I) 164/10 38 (22) 42/4 42/10 42/16 62/14 70 [I) 7/17 afraid (3) 84/18 86/9 91/7
0 1s Ill 15/14 2 92/11 92117 143/5 143/15 150/6 700 [1) 115/8 150110 150113 150115 150117 77803 [2) 1/23 2/7 1-------,-,-,---,---,-...,.,.----,-i 151/3 151121 152/2 152/4 152/13 77803-3235 [1) 2/12 after [14) 7/25 8/1 16/11 25/2 25/23 26/22 66/7 97/2 114/8 116/11137/6 166/8168/25 171/15 20 (14) 12/2i I2/23 17124 34/6 152/20 152/25 153/7 153/8 78703Jll 175/I9 afternoon [6) 15/6164/10 164113
0 57/9 96/15 96/16 96/19 96/21 97/3 39 [34) 42/19 91/3 92/8 97/6 9717 8 129113 129117 136/18 164/16 2009 [I) 100/11 97/12 97118 137112 137114 137/17 138/3 138/6 138/16 138/24 143/5 88 [I) 32/16 165111 165/20 170121 afterwards (1] 139/23 again [21) 44/2 73/5 73/14 73/14 2012 rs1 1114 312 412 512 172/24 143112 143/14 143115 153125 8:3o l3~ 16418 165117 173122 1111 79112 80114 81118 8616 91122 154/3 154/6 154/15 154/17 154/21 9 0 2013 [1) 175/13 204 [2) 1/23 175/18 21 (2) 56/23 57/3 154/25 155/4 155/9 155/12 155/22 156/6 156/12 156/21 15711 157/3 979-361-4221 [2) 1124 175/19 22 (20) 56/14 70/22 70/25 87/23 3rd 111 175113 979-361-4320 [1) 2/7 92/3 94/2 94/14 97/15 108/22 109/4 113/23 120115 122/21129/2 17116 against [27) 9115 15/24 74/21 87/24 88/3 88/6 99/9 107/3 10717 979-822-4759 [I] 2112 77112 80/16 82111 82119 83/20
D 107/10107112107119107/24 4 I68/22 I68/24 I69/2 I70/5 I70111 138/I5 I39/I 141/II41/6 I4I/8 I15/20 I16/2 II9/191I9/2I120/4 against. .. (13] 98/7 98112 I 05/24 170116 171/3 17II23 173/21 174/2 143/2 146/15 I47114 148/2 153/2 120111 I22/2 I22116I24/17 I 06/I 0 109/I II 0/16 I2611 133/21 175/5 175/7 I54/I3 I55/18 155/19 I56/I9 I24/I9 125/4 I25/22 I30111 133/22 153/22 155119 156/I3 allegation [4] 79/2I 79/25 80117 I60116 161/23 I64/24 I64/24 13I/II 135/I5 I42/6 I43118 156/20 8I/10 I64/25 I65/1 166118 I67/7 169/17 143/20 144/4 147/6 148/5 I50/l2
0 agency [I] 102/19 agent [I] 97114 aggravated (1] 78/1 ago (9_] 15/19 I5/20 16117 18/I3 allegations [3] II9/I9 II9/2I I22/2 allege [2] I34/4 I34117 allow (3] 8/23 152/11 I56/19 170/2 170/9 170/25 I71!24 I72/3 I51!4 I54/2 I55!18 I56/3 I57121 I74/5 I7511 0 anybody [51] 611 12/IO I2/IO 157/24 I58/11 160111 162/22 I63/3 I64/3 I64/13 164/20 I65/I5 13/7 13/7 l6/-1 0 16/10 16/24 18/25 166/I7 166/23 168/20 I69/11 65/6 86/20 1I2/22 I35112 I61/3 allowed [3] 21/23 67/13 86/I 3I/15 33/23 57/18 58/I5 58116 I70/24 I71/24
0 agree [56] 9/22 38118 38/20 41/7 42/4 42/6 42/24 43/8 43115 49/2 50/23 5118 51/14 511I5 51/17 allows (2] 62/22 62/25 alluded [2] I27/7 I27/14 almost (2] I8/I2 I8/18 65/2 65/6 66/I9 7I /14 8 118 82/9 area [5] 9/I9 43/2 95/19 II5/5 84122 85/3 85/9 85/I2 85/13 85/I7 I31/I6 85/22 93/8 94/I7 94/25 95/8 96/7 areas (2] 8/4 68116 51120 55/8 55/I6 56/2 56/14 57/6 alone [1] I5811I 96/I2 97/4 97/20 II5/8 II6115 aren't [1] 49/17
0 57/9 58/11 58/14 59119 59/22 62/8 62/9 62114 69116 73/21 74/3 74/7 77/14 78112 78/15 78/17 84/6 along [1] I67/2I already [6] 7/15 1I4/25 ll6/I9 I29/22 I57/II I62123 117110 II9/5 I20/I8 I25/24
130/21 I33/22 I40113 I40/I4 argue (1) I72/9 125/24 I26/3 I26/IO 127/13 129/9 argument [5) 37/24 38/1 100/13 100114 I 02/24 841!2 86/3 86/5 87/6 98/2 98/5 also [17] 9117 1I/8 25/6 45/I5 I40/I6 argumentative [I] I02/3
0 106/1911118 III/9III/25112/5 121115 I22/7 129/20 140/12142/3 I4617 173/10 48/25 55/I5 77/IO 84/12 II2/7 II6/7 II71! I37/5 137/20 I53/9 I68/7 I68116 I70/23 anymore (5] I6/I2 35/6 II7/I7 I27/I6 I72/25 arguments (1] I63/25 Arias [2) 4I/5 92/23 anyone (6] I2I/I4 I27/25 I28/3 arm [1] IOI!9 agreeable [I] I04/5 although [1] I65/8 I38/20 138/25 139/2 around [7] I4112 I8/4 22/5 59/2I
0 agreed (5] 6011 84/2 III/I5 II2112 113/15 agreement [8] I06/20 I07/2 11II!I 111123 112/4 Il2/9 114/I9 always [27] 6/19 6/20 7110 9/20 17/2 I7117 21120 2I/2I22/2I 22/22 22/22 45/20 48/24 72/I6 anything [35] 15/2I I6/20 I6/24 6016 II6/9 116/9 I6/25 I9/I 2I/8 2I/I8 30/19 34/2 arrest [8] IOI/15 II2/21 II8/7 66/5 69/8 7I/22 79/I6 80/I2 9112 118/II 118/22 166/5 I68/11 94/5 94/I7 96/20 96/22 97113 I68/13 77/I8 79/9 I08/2 I08/10 I20121 167/22 I20/24 I20/25 I28/2I I29/4 129/6 I00/24 I 13/7 I32/7 133/I8 I33/20 arrested [6] 94/12 94/I3 II8116 0 agrees [1] 66/19 ahead [9] 11/2II5/II5/I6 II0/1 IIII3 112/IO 113/I3 114/20 I29/IO I32/2I I39!22 I40/I3 I4II12 I41/I6 I46/3 am [12] II/I 0 I5/25 31/13 3II19 I49/25 I6011 I65/I 0 I65119 32/7 32/I8 42116 44117 70/I6 86/7 I66/I9 I72/4 118117 I26/20 I66/9 articulable [1] 168/5 as [112] 6/8 6/8 6/9 6/9 6/2I6/2I 159/14 103/IO I57123 anytime (1] I20/22 ll/I4 I11I4 12/23 I5/3 I5/4'15/4
0 ain't [I] 36/6 AI [4] 52/7 53/7 53/8 53/20 alarms [I] 56/5 Amendment [12] 82110 8211I anyway [4] 27/13 IOO/IO I00/19 I6/4I7/20 I7/20 I8/7I8/8 211II 82115 I 0616 107/2I I25121 I25/25 I04/25 I37123 139/I 139/3 150/I9 I54/8 anywhere [2] 65/I5 I67/6 22/23 25/6 29/2 32/I5 37/4 37/4. 39/I5 42/8 52119 52/25 5515 60/22 Albernaz [I] 43/li American [1] 29/6 apologize [8] I2/I6 33/8 6711 6YI464!13641136WI372/4
0 alcohol [2) 58/25 I23/7 Alice [I] 111/13 all [I62] 612 7/25 8/I 9/I I0/3 among [1] 6/5 amount [I] I18/2 amounts [2] I30/I6 I30/I6 7I/11 93/25 II4123 133/I9 I47/24 72118 74/22 78113 83/20 84/17 apparently (1] IOO/I4 Appeals (1] I/4 85/13 85/13 88113 88/23 88/24 88/25 88/25 8911 89/3 89/5 89/5 13/8 13/20 13/22 I3/24 I4112 Andy [2] I23/3 I23118 applicable [1] 26/17 89/I4 92/4 94/I8 94/18 I 01/8
0 151!4 I5/I8I6/8 16/23 I711I 181!I 19/24 20/19 21117 22/3 22/11 22/15 24/23 25/4 27/2 27/4 anger [1] 78/2 Ann [1] 143/I6 announce [I] 142/16 applied (1] I44/24 applies (1] I7I/I7 apply (1] I36/4 IOI/8 I03/6 I03/IO I06/6 IIOI19 112/24 1131!8 115/10 115/20 11611 1I6/I II6/3 116/7 119119 . _?7/12 27!_23_1~I§19!l~31l33;1/2 another_[15]_ 511.8 _7l]9_1 01612/6 _ appreciate [8]-13/5-16/9 21/I5 - -I21!4-I22/13 I24/20 124/21 35/24 38/3 42/22 43/6 43/IO 43113 25/2 42/I5 73/5 73/7 85/3 85/9 65/I7 66123 68/I 93/7 93/8 I24/2I I24/23 I25/8 I25/8 I25/I9 47/23 49/2 52117 53/7 58/6 6I/2 95/13 97/22 I35!13 I40/2 I7I/I4 approach [1] I74/I I25119 I26/2 I27113 128/9 I28110 62/5 62/9 62/I I 62117 64115 64/20 answer [11] 6/2I IO/I4 22/4 are [I61] 6/16 7/6 7/8 7113 7/I3 136/9 137/24 13911 I41/I I42/9 65/5 66/23 67/I2 67/24 68/13 63/20 63/23 64/1 76/5 85/I6 92119 81! 811 8/2 9/24 I2!14 I4/2I I5/3 I42/l0 I42/19 I44/8 150/23 69/22 70/3 70/8 71120 7411 75/20 Il1122 I53/I6 16/25I7/1I7/3 171102I/2522/8 I5I/I9I53/22 154/lii55/2
0 80/4 80/14 80/23 8112 82/I7 82/20 8712 87116 87/I9 88/9 88/21 89/4 90/I8 92/25 93111 95/2I 97/4 answered [2] 87/II 155/I6 answering [1] 10/I9 Anthony [1] I50/IO 23/11 23/20 23/2I 23/21 24/10 24110 26/2I 29/I2 29/20 30/4 I55/I7 I55/I8 I60/24 I60/24 I6119 I66118 I66118 I68/25 32/13 32/24 35/3 35/I4 36/2 36/8 I7112I I71!2I I72/2 172/2 I72/22 I 03114 103115 105/5 105/7 I 08/23 anticipate [4] 89/I4 92/2 I16/2 36/I1 36/2I 38/7 38/23 38/24 39/3 I73/24 173/24
0 113/IO 113/11 113/12 113/22 114114 116114 I16/2I 117113 117/20 120/1 120/25 I21/10 I27/I9 anticipation (1] 126/I6 antipsychotic (1] I40/I 39/4 39/5 40/3 40118 41122 42/7 aside [3] 79/22 148/19 I49/I5 42/25 43/3 43/3 43/21 44/I 44/14 ask [25] 5116 5117 6/2 I 811 2 I4/23 44M 44t:n 44/25.47/25 48/3 _]4/25_ I9/l 0 22112 70/8 76/7 94/5 12 !Ill I22/9 123/3 I24/19 I24/23 any [87] 5i25 6!6 I4/6 I811 0 49/IO 49/II 49112_49/I2 5411 94/9 98/I9 99/I II4/I5 II5117 128/24 129114 I29119 129/22 2I/11 2I/I7 24/3 29/16 36/20 54115 54/I8 55/24 56/2I 57/2 I20116 I27/22 I27/22 I27/24 132/6 132/9 133/8 133111 I3311I 39110 60/17 63113 64/2 7I/I2 57/I9 58/20 62/I6 63/13 66114 I29/1 I29/2 I3611 I36123 I67122 133/12 133121 134/2 I34/1I I36/l 7I/23 78/8 79/I5 79119 80/1I 68/5 68/8 69/13 69/I7 69/23 70/7 asked [10] 17110 46/4 85116 I0118 I36/5 I36/8137/8 138/1 I39/6 82/20 84/21 89/17 90116 9112 96/8 7119 74/25 75/24 76/8 77/9 77116 I05115 I09/I3 I37/7137/8 I40/5
0 139/7 141/1 14I/4 I4I/21 I4311 143118 143121 144110 I46/20 150/14 150117 151/7 151/13 151114 I52/16 153/2 I54/14 97/16 98112 IOI/2 102/6 102/23 I 03/6 I 05/20 105/20 I 05/23 I 07116 I 08/22 I 09121 I 09/24 77119 80/4 80/20 82/22 83/8 8311I I53/13 83/I4 84/I9 87/23 88/10 89/9 89116 89/21 9011 90/15 91/23 110113 112/25 113/8 114/12 116/9 92/22 92/23 93/4 95/3 96/6 99/8 asl<ing [9] 6112 6/18 6/19 8/3 8/5 I02/7 I36/7 I49/9 158/4 assault [2] 78/1 86/21 154/19 155114 156/8 159/7 159/9
D 116/24 II7110 118/2 I23/3 124/10 I 00/I I 00/8 I 03/9 I 04/I8 I 05119 ass au !ted [1] 86/22 159/21 160113_ 161/7 162/2 162/4 124117 125112 12611 126/3 130/22 105/20 105/23 107/10 I07/II assaulting (1] 86/23 A 40/24 41124 44/1144/13 47/9 big [12] 23/18 35/20 40/11 49/18 23/8 23116 76/23 78/18 78/19 84/3 assess [2] 64/20 160/12 48/20 49/3 49/6 50/8 50/20 51/10 64/9 88/l 94/6 120/11 126111 84/8 89/6117/14135/20150/25 assessing [1] 96/24 51/18 54110 54/22 56/3 58/5 59/8 130116135/7 135/16 burglary [7] 134/3 134/16 134/16 assistant [3] 2/6 12/6 19/15 59/18 60/2 61/23 63/7 67/1167/16 Bill [2] 12/4 135/14 148/11 166/5 166/22 166/23 assistants [!] 134/6 69/9 7311 73/3 73/9 73/13 73/18 Biology [2] 28/9 28/10 business !21 18/6 52/11
0 assume [1] 121114 assuming [2] 121/13 170/25 assumption [2] 116/17 116/17 assure [8] 9/25 11/7 I 06/13 74/11 76/25 77/17 79/24 80117
96/8 I 02/2 I 02/21 I 03/11 I 06/3 110/23 115/13 115/25 122/11 bipolar [3] 100/11 I 00112 I 02/23 81116 84/9 8611 90/11 91/12 93/17 bit [18] 8/18 20/14 35/16 62/25 79/10 85/14 85/20 90/12 98/23 c calendar [1] 157/6 106/3 115ll 117/13 118/20 125/16 call (8]10121 99/15 125/15 128/12 128/15 135/14 162/5 162/6 0 109/11 126/25 133/8 152/18 156/18 assured [1] 133/4 attack [1] 164/25 125/22 12611 7 126/22 127/23 127115 128/24 129/24 134/2 128/1 128/2 13118 132119135/7 Black [1] 123/23 called [9] 23/21 85116 99/2 136/16 136/21139/25 146/7 155/2 Blair [6] 27119 29/17 39/22 43/20 100113 105/10 127/14 129/4 129/5 161/14 17111 172/6 172/15 173/8 46117 47/13 163/14 attention [1] 98/19 blame [3] 45/21 45/21 46114 calm [1] 102/12
0 173/12 attitude [1] 2115 becomes [2] 90/10 90/12 bleed [1] 18/l 0 CALVERT [5] 2/4 11/23 12/2 attorney [6] 2/3 2/9 12/8 13110 bed [1] 43/23 blind [1] 60/17 15116 152/7 91/13 139/12 been [52] 9/4 916 9111 I 0/25 11/4 Blinn [1] 134/6 came [5] 1115 67/3 86/13 100/13 attorney's [S] 12/3 91/19 113/5 1115 20/17 24/14 37/3 64/5 70110 blond [1] 158/7 148/8
D· 140115 14114 attorneys [3] 2/6 20110 163/25 automatically [4] 74/1 121/1 72/21 73/25 74/24 76/19 76/25 bones [1] 24/16 78/5 79/8 80118 81110 86/22 9111 book [2] 23/18 164/15 91/12 91/13 91116 94/12 94/13 Boone [4] 90/22 157/19 157/21 cameras [1] 126/17 can [126] 6/17 8/19 10/910/14 10/22 10/22 10/24 I4/13 14/16 127/25 128/2 100/22 I 08/2 I 0811 U l 0/18 114/9 158/3 15/4 1818 22/5 34/4 34!5 40/19
0 awarded [1] 119112 aware [3] 36/18 39/5 137/21 116/13 116/18 116/18 116/23 116/24121114121115126/12 away [10] 30119 34/1 34/24 34/25 127/3 127/3 128/1 128/3 128/4 border [I] 8/19 boss [1] 85/24 both [18) 10/25 14/21 91113 41/7 41/25 44/21 45/20 47/10 47/23 47/24 50/17 50/24 51111 51/18 53/24 56/5 56/25 59/22 35/5 58/5 66/4 86/15 119/17 139119 160/7 171110 171110 l 00/25 I 09/7 124115 133/18 64/12 66/1 68/7 70/13 73/9 73/10
0 B 172/25 171/21172/12 172/23 before [18] 1/16 5/22 1114 14/19 16/24 21118 71/13 82/2 88/18 137/10 140/ll 149/20 159/4 161/7 74/3 74/19 74/25 75/20 79/22 8011 161/9 163/25 166/4 166/20 166/25 80/3 80/14 81/24 82/9 82/19 84/21 168/13 bacl• [60] 15/6 15/12 22/12 23/24 97/17113/19117/8118/22132/15 bottom (I] 117/22 84/22 85/2 85/9 85/11 85/12 86/3 86/11 87/6 87/12 87/12 87/17 24/4 30/20 31/4 31116 31/19 31122 137/4 147/8 163/17 165/10 88/23 89/4 91/6 91114 94/7 94/15 0 bought (1) 144/14 33/3 35/21 36/l 47/22 55/14 55/21 began [1] 166/2 bound [1] 125/1 98/2 99/16 I 03/4 I 03/I8 104/13 56119 57/20 62/6 62/6 63/24 64/2 begin [4] 5/16 8/12 l 0/13 164/10 box [8] 6/3 ll/15 35/7 122/12 106/13 I09/ll 11113 112/5 112/10 65/5 68/18 69/2 69/19 75/20 81/7 beginning [1] I64/5 132/11 132113 138/20 162/7 114/24 116/l 117120 118114 82/21 84/13 86/6 86/17 92/25 95/9 behind [1) 88/8 boy [1] 18/18 122/15 126/24 126/25 127/2 127/6
0 95/13 101115 102/13 108/21 109/4 being [11] 9/24 22117 42/13 52/8 brand (1] 11/16 111/24122/10124/20 I25/8 57/I 84/14 120/7 141/16 147118 125119 129/23 132/6 132/7 136/12 151/23 166/23 BRAZOS [9] 1/7 1117 12/3 14/1 127/18 128/4 128/8 130/9 130/10 132/8 133/3 133/8 133/15 137/10 101/19103/11175/2175/4175/18 !40/8 140/11 142/6145/7 145/15 136/16 13914 139113 139/21 belief[3] 119/19119/20 122/2 breach [1) 126/20 145/19149/10149/15 152/10
0 142115 143/23 146/23 160/7 163/13 163114 163/16 164/9 backseat [1] I66/l3 believe [18] 8/13 9/14 9/15 10/9 break [19] 8/22 15/5 15112 17/24 152/17155/7 156/1156/1 156/4 107121 114114 126117 126/22 129/9 145/19 150/20 153/20 18/7 35/18 68/23 98/23 98/25 99/5 156/16 156118 159/3 163/11 99/11 103/19 111/3 l13/I3 I13/22 163113 163/15 164/19 164/21 bad .[8] ..12/L79!19.86/U6/7 86/8- 157/16-158/3-158/5158/9 162/13 - ·1-I4/8·-J42/12-l42/16·J64/11 - . . - ·169/12·169!1&--170120-171/14. -··-
0 I 05/2 I 05123 149/23 bag (3] 35/20 36/2 36/25 Baggie [2] 36/22 36/23 bags [1] 52/21 168/7 believer [2] 11/12 88/3 believes [3] 116/13 129/3 129/5 breaks (2] 164/13 164/13 Brenham [1] 115/5 Brent [1] 107/7 172/16 173/1 173/11 173/11 173/12 173/24 can't [30] 10116 21/22 22/7 22/16 49/24 49/24 66115 66/21 67/21 believing [1] 86115 briefly [3] 101/3 147/15 155/15
0 bailiff [1]. 146/24
bare (I] 24116 bare-bones [l] 24116 belong [4] 33/13 45/6 45/7 45/9 Barden hagen [3] 58/8 58/9 58/10 belonging [1] 133/5 bench [22) 3/6 3117 14/4 14/9 25/19 27/1 99/22 104117 107/8 bring [20] 8117 8/22 10/7 11110
112119 114/4 117/23 138/18 142/15 143/1 143/3 149/6 162/2 76/1 88/19 88/20 90/15 110/8 35113 41116 49/7 49/8 94/7 I 04/23 120/15 122/17 122/19 !38/21 140/20 148/7 154/21 155/9 155/12 156/11 156/21165/7171/l6173i9 Barker [2] 83113 90/4 173/9 173113
0 108/18 111/14 112/14 127/18 164/15 Barney [1] 123/21 137/9 140/9 141124142/4 143/17 bringing [3] 11/14 56/6 148/23 candor [2] 108/13 11112 based [1] 67/I9 I50/11 154/1 157/5 157/20 brings [2] 45/22 70/9 cannot (5] 76/5 83/19 121113 bl!_~ical]y (5] 46/4 88/7 119/17 Bernal [4) 28113 45/2 47/12 57/11 broad (3) 22/8 76/3 77/22 138/14 138/14 134/8 154110 besides [1] 2119 broke (4) 134/17 134/24 135/6 capital [1] 73111 basis (5] 167/25 168/3 168/4 best [5] 101/9 103/2 115/18 135/8 car [13] 40/25 47/17 47/19 56/8 168/6 168/7 145119 155/23 broken [1] 90111 68/23 70115 73/7 86/12 86/16 bathroom [1] 165/1 between [6] 10115 54/11 54/14 brother [1] 100/20 105/15 132/23 172119173/1 be [212] 119/2 121112 145/20 brought [2) 116/18 150/9 card (7] 10/13 10/22 142/20
0 Beach [2) 52/16 115/7 bearing (1] 109/6 because [95] 6/17 7/6 7/17 7118 beyond [23) 23/9 23/23 63/21 Bryan [8] 1/16 1/17 1123 2/7 2112 142/21 146/24 146/25 147/2 76/10 76114 110117 117/3 117/17 55119 167/6 175/19 118/8 118/22 119/23 119/25 121/6 bucks (1] 88/2 cards [2] 56/7 99/4 care [19] 29/15 33/3 37/2 41125 7/19 7122 8/5 9/16 10119 11/4 123/9 124/23 125/4 126/23 127/4 building [1] 42/8 44/4 44/6 47/1 51111 56/3 56/5
0 11/19 1711717/20 22/9 22/10 23/13 26/22 29/23 31/11 31/21 134/23 135/24 145/7 15111 151/4 builds [1) 64/9 bias [3] 141/6 141/7 141/8 bunch [3] 58/3 60/7 136/5 56/10 76/14 81/9 86/7 86/7 124113 124/14 135/8 145/8
.. -0------·-·-------- Demse C. Phtlhps, CS::.:R::_____ _ _ __ 1------------;CHARLES [I) 2/4 committed [3) 24/14 3711 121/6 convictions (I] 131/11
0-- carry [4) 167121 173/1 173/8 173/15 carrying [1] 172/18 chart (2) 27/6 117/14 chase [I] 105/19 check [3) 88/17 132/15 133/2 committing [5) 26/5 36/12 37/21 convince [I) 122/22 38/8 38/20 common [2) 88/17 13119 convinced (I] 124/23 convinces [I) 76/10 Carter [3) 50/22 89/21 162/11 child [2) 7811 II9/18 community [I) 13116 convincing [2) 119115 II9/20
[1 case [97] 5/21 6/5 8/2 8/10 9/5 919 choice (3) 56/9 64118 138/11 9/13 9117 10/25 11120 12/4 12/7 choose [2) 60/14 164/20 companies [I) 20112 cool [2) 39111 67/9 company [3) 14/1 137/20 137/21 cop [2) 36/23 97/1 1212517/618/821/1121/1421121 chooses[3) 83119138111163111 compare[!] 117/21 copies(!) 166/20 21123 21124 21125 22/13 22/18 choosing (1) 90/8 compartmentalize [1) 88/23 cops [2) 59/25 94/19
0 23/8 24/8 25113 26/7 26118 64/15 choses (I) 152/10 completed [I) 162/23 copy (2) 163/21 170/22 64121 64/22 67/20 72111 73/11 CHRONOLOGICAL (2) 311 4/1 completely (6] 6/21 72/25 73/2 corner (1) 52/20 73/1276/10771177911379/20 church (1) 148/9 73/4148/7149/10 correct[17) 19/72011128/63211 81/24 86/20 96/5 100/25 101/8 circumstances (13) 36/12 38/4 completes (1) 163/18 32/2 46/23 51124 63/4 64/9 I09/I5 102/18 105/2I 106/ll 109/2 109/5 47/7 62/15 62/23 74112 76/15 compromised [1) 125/15 II0/6 110115 II0/21 111118 147/5
0 I 09/18 113/8 113/9 115116 116/17 81/16 82/19 146/12 146/20 15115 computerized [1) 1/18 118/1 119/4 123/6 124/12 124114 155119 124114 126/8 126/14 126/22 127/4 circumstantial (1) 68/16 concealed [2] 173/8 173/15 concern [4) 78/23 122/9 138/19 160/25 175/5 correctly [5] 20/2 27110 31/1 63/15 175/9 127123 131114 133/10 134113 city (I) 105/14 154/24 cost [1) 175/11
D 134/16135/11136/5 137/10 139/11 139/16 139117 139/22 148111 148/19 149/7 149/13 civics [I) 22/13 civil [1] 119/4 claim [2] 45/6 172/7 concerns [2) 91122 91124 concluded [3) 14/9 27/1 142/4 could [78) 7/19 9/14 9/23 10/8 18/9 19/23 22/2 36/20 39/6 40/1 conference [3) 14/4 141/24 157/6 40/6 40/24 40/25 41/3 45/7 45/8 151120 152/19 160/4 160/22 163/5 clarity [1) 137/8 confinement [3] 24/23 26/13 45/15 47/10 47/11 47/17 47/20
0 163/17 164/1 166/2 166/22 167/6 Class [I] 120/10 168125 169/17 170/9 170/22 170123 171/3 171117 clear (3) 103/25 104/3 119/15 26/15 conflict (1) 157/6 clearly [5] 33/22 41/9 82/1 86/15 confused [4) 144/21146/10 48/19 57/23 58/22 60/5 6016 6019 6113 62/15 62118 62/20 65/9 66/10 67/22 68/6 76/21 79/15 79115 cased [I] 86/16 153/16 148/23 149/16 79/16 83/22 89/12 89118 89/20
0 cases (14) 5/24 64/I6 77/24 115/3 Cle1·k's [1) 140/25 115/4117118 119/16120/9123/7 client [1) 133/22 130114 131/8 I48/5 167/2 17112 cash [I) 56/7 clients [1] 123/8 close (14) 9/7 1111 11/6 18/7 conscience (1] 122/16 consciously [1) 89/19 consider [16) 83/20 89116 90/16 92/4 138/7 138115 152/9 152/12 90/7 90/17 92/6 92/12 92/19 93/5 971198/9100/25101/11103/9 109/8 I09/I9 110/3 118/22 I22/7 I22/19 125/10 131/18 131121 cashier (2] 16118 137/1 27/11 27112 30/8 94110 94/12 152/23 153/19 153/22 154/12 l32/6 14011 140/4 142/12 144/14
0 cause [20] 1/3 1116 7/20 7/25 97115104/8104/9106/23 108/8 136/22 140/15 141/3 147119 168/25 108/15111/12112/8112/11118/6 closed [I] 153/21 154/13 154/18 155118 156/3 Constitution (1] 82110 Constitutional [1] I24/16 145/24 147/6 147/9 148/11 149110 151122153/11 156/16165/5 172/12 118/6118110 I53/9156/24157/3 closes (I] 163117 contained (2] 170/11170/22 couldn't [17) 811112/2419/19
0 175/7 caused (1] 5/23 causing [1] 15/23 closet [2] 131/21132/1 Club [I] 115/8 Cobos [3] 42/22 80/4 162/10 contains [1] 175/5 contaminated [1) 6/4 contend [1] 168/12 39/I4 39114 39/I7 43/18 47/6 65/19 66/2 71117 84/14 88113 9113 144/5 152/24 155/11 caution [I] 118124 cocaine [19] 35/9 52/11 52/11 continue [1] 39/7 counsel (3] 84/24 126/7 175/6
0 cell (4] 5/17 5/18 123/25 124/1 Center [2] 137/4 137/4 certain [7] 7/12 9/20 66/2 66114 52/16 52/18 52/19 52/21 52/22 continues [1] 38/19 52/25 53/1 53/9 53/11 70/12 70/13 continuing (1] 131/12 70116 70/16 70/20 132/11 132112 control [43] 28/4 28/5 28/22 country [1] 126/10 COUNTY [10] 1/7 1117 12/3 1411 I01120 103111 113/5 169/20 175/2 _ ~1/16 ~8/5]4_8/~ _ _ _ Code [1] 25/22 _ _ .29!11.29/15.32/2133!14 34/17 ... -1-75/.18. -- ---- - - -- -
0 certainly [3] 92112 I5III4 I65/8 coincidental [1) I25/I7 certified [2] 166/20170/22 certify [3] 175/5 175/9 175111 Cessna [4] 38/12 38118 62/11 college [9] 59117 86/12 95/23 95/24 105/9 123/8 131/9 137/5 137/6 36/3 36/20 37/2 39/7 40/6 43/2 couple [8] 5119 5/19 8/4 95/13 44/4 44/6 47/1 48/20 48/20 48/24 109/25 114117I43/22 168/2 49/1 49/4 49/24 49/24 5I/11 51118 course (5] 6/25 7/5 79/19 117/22 5411 5519 55/22 56111 56115 56/18 13411
0 162/8 college-type [I] 13119 59/3 59/22 61116 61/16 62/16 court [28] 1/3 1/4 116 1122 1122 Chad [I] 162/10 come (38] 8/9 1011 13/20 13/21 76115 145/2145/5 145/9I46/19 5/12 10/!110116 13/2113/21 55/2 chair[8] 99/17114/10114112 14/215/515/!215/2323/2424/4 164/21 56/1856119114115117118120/10 132/5 132/15 I42/10 142/20 25116 25/18 3611 58/2 59/25 63/24 controlled (1] 58/24 126115 146/25 153/18 153/18 142/21 64/2 70/15 77/24 85/20 96/6 99/2 controls [3] 53/5 53/16 53/21 164/6 16611 169/17 175/4 175/4
0 chairs [3] 114/7114/10114/24 challenge (2] 7/20 153/23 challenges [I] 7/25 99/20112/15 120/23122119 122/23 124/21132/13 134/19 convict (9) 39114 43/18 47/6 57/!3 75/21 79/24 125/1135/6 139/3 14I/22 148/10 159/25 162/6 144/6 175/7175/17175/17 Court's [2] 163/20 163/21 courthouse [8] 41/11 88/18 chambers [I] 175/7 163/5 164/9165/16 convicted [32] 24114 24/25 4011 104/14 106/24 108/8 111/16 142/6 chance (5] 17/I6 18/9 89/11 comes [7] 6/3 7/23 8/7 49/25 45/25 64/I8 72/1 72/2I 73/25 156/24 161/22 163/25 68/22 168/22 171/20 74/24 76/I2 76/20 76/25 79/2 courtroom [6] I4/16 35119 41/17 change [3] 17/24 60/6 6019 comfortable [I4] 13/4 42/12 80/!8 81111 82i1 109114109117 55/23 I59/I 160/18 changed [I) 137/25 42/25 49/11 49/15 49117 49/22 110118 116/14 116/24 117/4 cousin [2] 97/21 98/11
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0 charged [6] 24/9 77/25 78/5 82/16 comment [2] I8/14 93113 86/21 94/13 commenting [1) 26/3 conviction [13] 74/!0 74/22 79/22 credibility [6] 90/9 9617 96/25 79/25 106/9 109/1 109/9 110/3 97/16 128/9 133/12 / 0-. credit [I] 56/7 CRF [I) 1/3 defend [2] 83/24 13118 defendant [37] 2/9 1217 24/12 crime [25) 11/1 11/6 23119 36112 71/23 72112 78113 80115 83/18 directly [I] 116/21 disadvantage [3] 77116 80/16 103/11 35/9 35/11 35/23 37/23 38/3 38/10 40/5 4017 40/12 45/3 45/24 46/18 46/20 48/19 54/10 54111 57113 36118 37/1 37/21 38/8 39/2 44/10 83/19 84/9 8717 87/18 89/6 89/15 disagree [3] 61/20 67113 91111 57/15 57/24 58/5 59110 59/20
[J 57/13 70/3 74/12 74/14 82/16 83/10 124117 12811 128/3 128/5 134110 148/21 158/23 158/23 91115 91/17 92/3 107123 126110 15116 151118 152/9 153/22 154/12 155/8 155117 155/19156/3 156/14 disagrees [2) 58116 61118 disbelief [I] 128/2 disbelieve (I] 127/25 60115 60/17 60/23 60/23 60/23 61/3 65/2 65113 66/25 67/11 67/22 69114 71116 71/16 77/17 81/9 83/9 172115 156/20 162/25163/11 166/3 166/9 discharge [5] 25/23 26115 169/8 831-10 84/8 84110 8617 8617 86/13
0 crimes [I] 23/20 166/15 16917 169/19 169/24 171/18 87/24 S8/25 89/5 89/20 9116 91115 criminal [23] 5/5 619 11/3 I 119 defendant's (3] 24/22 150/20 discharged (I] 7/20 93/5 96/4 9717 97118 100/10 20113 22/1322/18 23/8 64/16 166/12 discovers (I] 37/16 105/22107/15108/22110/3 71/23 72/1073/24 75/23 82/15 defense (14] 5/101218 87/12 discuss [3) 6/5 94/15 94/21 110/23113/17115/19116/2 83/17 91/13115/3 115/4 120/9 91/13 91/18 98/10 139/12150115 discussed (1) 9/24 116/21 117115 117/16122110
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0 Cross-examination [1] 85110
cross-examines [I] 163110 defining (1] 56/25 cross-examine (2] 85/21 163/13 definitely (2] 40/22 79/9 definition (8] 25110 29/14 53/2 dismissed [1] 167/3 disorder [3] 100111 100/12 102/23 · 155/1 156116 159/12 163/6 167/4 169111 169112 170/9 170112 170112 170/15 170/17 170/25 CSR [3) 1122 175116175/16 53/13 71117 71118 117/17120/16 dispute (1] 33/23 172/3 17217 172114 172/24 173/16
0 culpability [I] 64112 curious [4) 16/25 88/20 88/24 89/5 definitions (1) 24/21 Defrancesco (3] 34/13 34/15 68/10 disputing (1] 33/24 disqualify (1] 112/24 distinction [2] 119/2 121112 done [10] 14/18 17116 39/1 62/24 66110 91/12 121/20 121122 127115 13917 curling [3] 120/19 120/21 120/24 degree (2] 84/8 156/20 distracting (1] 133/19 door [7] 5817 86/25 99/1 99/6
0 currently (2] 21/9 136/25 degrees (2) 64111 64/11 custody [10] 29/15 36/3 37/2 44/4 deliberation (1] 164121 44/6 47/176/14 145/2145/5 145/8 denied (1] 153/23 cut 121 105119 171/25 Denise (5) 1122 10112 175/4 distraction (1] 19/20 distributed [1] 130115 distribution (1] 53117 99/8 99/14 142117 dope (2] 39/9 6119 double [1] 136/21 district [11) 116 1/8 1/22 2/6 12/3 doubt [24) 23110 23/12 23/24 D 175115175116 140/151401241411414911817514 63122 7611176/14 90111110118 0 1--------------!department (2] 96/17 96/23 D.A [3] 12/4 12/6 20/21 D.A.'s [4] 113/4 139/13 139/15 depend [5] 9/21 79/12 106/16 133/6 146/11 175/17 do (228) Doctor (1) 83/9 117/3 117117118/8118/22119/24 119/25 121/6 123/10 124/23 125/4 126/23 127/5 134/24 135/24 145/8 140/25 depends (2] 77/2 170/10 does [68] 1117 12/10 17/20 25/4 15111
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0 115/14 Davis [2] 31/24 90118 .
day (19) l/14 17113 18/1 18/8 did [41] 617 20/2 27/10 28/8 31/1 37/137/9 37/12 37/14 40/15 41/10 41/17 43/11 49/8 63/18 63/21 67/1 18/24 19/1 36/2 73/18 87110 116/5 67/4 67/8 67/25 68/10 72/13 73/12 124/16 124118 125/24 126110 127/13 128114 128/21 129115 downstairs [I] 88/16 DPS [1] 97/8 130/6 130/6130118 130/21 130/24 Dr [7] 27/25 28/25 44/24 51120 131/22 132/20 133/6 133/6 134/4 52/2 52/20 83/4
0 116/5 121119 124/2139/6139117 73/13 73/13 73/14 8017101/25 140/2 14217162/14 175/13 102/9 10311 121124 125/20 126121 deal [7] 35122 52/25 120110 13119 126/21 126/22 130/2 140113 143/4 135116 139/20 153/21 146/3 150121 172/25 135/16136/19138/13 140114 160/2 doesn't (29] 17/19 26/2 28120 Dr. [2) 27/23 54/9 Dr. Hash (1] 54/9 Dr. Schlitter [1] 27/23 28/23 44/11 44/13 45/6 53/9 53/24 Draper (2] 93/2 93/3 dealer [I) 130/19 didn't [28] 9/14 41116 44/14 47/3 61110 78/3 8717 89115 91/18 92/3 dried [1] 171125
0 dealers (2] 52117130/17 dealing [2] 150/22 159/2 deals [1] 152/1 4917 59119 60/2 60/23 611186/14 88/25 100/2 102/5 102/11 123/12 123/14 124/4 125/23 127/3 128/17 112/24118/8 118/8118114128/23 drive (3] 72/22120/25132/24 151/11 154/13 155117 156/3 158118 159/25 165/23 173/18 driver [1] 917 driver's_(1] 5617 Dean [6] 58/20 58/21 95117 95/22 13-4114 132115 143/2 146/5 14617 174/4 driving (6] 9/5 919 72/24 123/10
0 96/1 96/2 death [1] 12017 decide [6] 117/19128115 148/20 146115 152/9 173/3 difference (7] 54/11 54/14 54/25 95/18 95/21 124/10 145/20 dog (1] 52/15 166/3 166/14 doing (20] 6111 8118 10/20 10/23 drops (1] 43/23 18113 20/17 22/10 50111 56111 drove (1] 41110 14917 14917149113 different (16) 35/16 37/20 44/3 65/3 72/9 102/6 104/20 !08/19 drug (6) 44/5 52/12 52112 55122
0 decision (20] 106114 108/4 109112 44114 44/15 6017 60/8 63/8 67/18 109117110/6 113/8 116/8 122/19 77/23 78/8 85/21 102/21 118/20 124/9124/21124122126/25128/9 145/616017 126121 131112 138/17 150112 157/25 164116 dollars (I] 119/12 130114 144/13 drugs (15] 4417 58/4 59/8 59/9 59/9 59/24 61112 70110 70111 128110 138/4 I38/21 150/23 151/9 differently (3] 58/17 77/6 96/8 domestic (I] 66/14 79115 140/1 157/16 158/8 158/9
0 151/19 153110 decisions (3) 11/11 11/15 59/19 difficult [3] 87/15 90/13 92/20 dining (1] 131/17 don't (127] 6/1 6/5 616 6/23 7/17 7/22 9/22 9/23 1017 10/8 10/18 158111 drunk (8] 9/5 917 919 123111 18/7 52114 55114 63119 82/17 83/20 89/2 89/3 92/4 115/16 144/24 drunk .. [4) 123/18 123/18 123/24 87110 92/5 121119 123/1 126/21 116/23117/22117/24118/21I9/7 factual [1) 23/21 124/4 136/9 153121 119/9149/7153/22155/18163/9 fail [1) 24/2 drunker [I) 124/3 ended [3) 139/17 139/20 166/22 163/12 166118 175/5 failed [2) 151/2 155/8 DUANE [I) 1/8 Ends [I] 52110 evidentiary [2) 167/10 169/5 failure [9) 72/4 89/16 111/7 150/8
0 Dublin [2) 105/10 105111 due (4) 9/13 75/23 148/6 148/7 during [8) 7/23 71/21 98/25 114/7 158/4 164/17 164/19 166/9 enforcement [IO] 94/12 94/19 95/19 96/13 I 00/16 100122 I 0115 105/3 I 05/24 128/25 enhancement-[2] 161/9 170/23 Evidently [I] 36/5 exactly (13) 22110 28/24 29112 34/14 45/24 63/12 67/1 6711 67/2 67/25 73/21 73/24 149/4 151117 152/18 152/23 156113 156119 fair [4I) 6/17 6/17 8/12 8/14 8/14 9/8-10/2512/22 12/25 22/2 40/1 duty [5) 717 88/18 124/24 125/1 enough [I6] 1011 10/20 27/11 examination [4] 5/12 II/23 85/10 45/25 46/20 53/19 53/22 54/2
0 148/10 . DVD [I] 134/22 DWI [4) 112/21 118/21 123/6 27/12 30/8 36/19 39/6 91/16118/4 119/21121/20122/3131/25132/1 157/17 158/11 114/22 examine [2) 85/21 163/13 examines [I) 163/10 56/24 57113 57/16 57/23 71/16 71116 73/15 81/23 84/21 93/19 98/6 100/25 101/24 102/8 123/7 124/9 entails (I] 25/6 examining [I) 160/23 129/19 137/10 140/11 148/2 148/7
0 DWis [1] IIS/16 E enter [2) 126/2 155/7 enters [1) 162/25 entire [3) 8/21 10/19 25110 example [19] 36/21 52119 55/5 55/22 59/6 59/8 60/5 66/15 77/23 78/21 78/22 86/19 106116 1I8/16 I48/I2 148/12 I51/2 151/25 159/3 fairly [3) 17/23 10116 113/2 falling (2] 123/11 124/4 each [I7) 9/20 I 0/2 11119 14/22 envision [I) 135/22 130/25 144/13 146/23 I48/8 158/8 falls [1] 13 11I4
0 23/1923/23 63/21 76/23 79/23 81/25 90/6 9016 9019 90/11 I21/8 133/2 163/17 equally (I] 96/25 equate [4) 118/11 130/6 130/24 158/12 examples [I) 126/4 except (2) 36/13 147/3 excised [1) 170/15 family [7] 12/19 66/3 95/19 96/8 98/6 151/6 151/7 fans [I) I23/3 EARL [I6] 2110 I2/9 15/18 17116 equivocated [I) 153/20 excuse [8) 99/5 106/22 I 08/7 far [12) 6/9 64/13 80/12 94/18
0 17/19 22/8 77/1 0 85/14 88/1 94/4 98/20 I 03/24 II 118 115/2 143/2 169/10 earlier [8) 65/18 72/17 82/6 84/2 Ernie [5) 16/16 112/10 114/4 157/7 165/15 erodes [I) 90/9 err (1] 118/24 111/16 112/11 146/25 156/23 165/10 excused [22) 104/7 104/9 104/13 107/2 108115 111/11 111123 112/3 101/8 II 1/24 114/9 145/19160/24 166/18 172/2 173/24 fat [I] 23/18 fault (2] 33/16 116/21 n 94/4 113/18 143/24 148/5 escalated [I] 100114 112/4 112/8 112/9 113/21 114/7 favor [2) 15/23 89/3 u easier [I) 90110 East [3] 1/23 2/6 175/18 especially (3) 91/5 144/4 150/9 Espino [4) 80/7 80/9 80/11 162111 114/9 114119 125/22 142/6 142/8 15711 157/3 157111 165/15 favorite [1] 123/22 FBI [3] 97/9 97/10 97/14 easy [2) 77/19 117/23 essentially (2) 52/8 166/2 execute [I) 166/8 fear [2] 92/13 127/8 educate [I) 166/1 establish [I) 47/20 exercise (2) 37/2 82118 fears [I) 150/7
0 efforts [1) 145/19 eight [3) I 7/6 I 60/22 160/24 eight-year [1] 160/22 established [I) I I 6/19 estate [I) 13/19 even [33) 5/23 8/8 14/24 32/6 exercised [1) 76/14 exercises [2) 87/18 92/3 exercising [3) 36/3 4 7/I 6I/I5 feel [39) 8/20 20/24 39/18 39/25 40/21 43117 45/24 46/2 53/18 57/11 57/22 62/11 65/12 65/14 Eighteen [2) 137/1 137/2 41/20 42/7 42/14 45/12 46/25 53/9 exhibits [I) 175/9 65/I7 65/I8 65/20 65/24 68/3
0 either [I6] 24/23 26/5 35111 40/9 58/22 62/2 64119 65113 94/IO 132/10 133/13 140/14 163/6 53/24 57/14 57115 57/24 68/7 74110 76/I9 82/5 82/7 117/8 118/8 122/2 126/3 127/14 129/11 131/10 exist [1) 66/13 exists [I] 151/15 expanding (1) 151/4 68/13 69/I3 69/20 83/25 84/2I 85/22 86/8 93/18 100/2 I 0113 I 0 115 I 0 1/23 102117 I 08/23 I 09/8 165/10171/8 I73/22 133/21 144/13 145/23 145/25 expected [I) 165/8 I 13/1 125/25 127/I5 148/18
0 elect [I] 88/6 elected [1) 12/4 election [I) 64/18 151112 167/5 172/24 Evening [I) 174/9 event [4) 64/18 64/19 89115 experience (16] 6/1 79/8 88/17 94/10 94/11 94118 94/19 96113 98/6 100/6 105/2 144/5 147/16 149/11 feeling [3] 39/19 85/13 85117 feelings [5] 8/8 105/23 108/22 e1~~~n_t_[!_9]_1._3_g1_~3_L2_H_40. _____ J55D.7. ___ . ---- -- - - --- .148/6 14911 U49/12 -- .14119-144/4-- -·· -------- --- - --· ---- figure [5) 6/22 67/23 72/8 72111 118/18 126/6148/916117166/10 given [4) 102118138/23158/8 graduated [1) 115/6 12317 166/11 163/21 gram [1) 52/21 filed [2) 160/22 167118 foundation II) 116/19 gives [3) 33/3 153/18 162/13 Granberry [3) 2111 115/2 139116 fill [I I 133/4 four [3) 20/18 93/22 145/6 giving [3) 34/24 34/24 78/21 gray [11) 2110 2111 12/9 13/11
[J finally [4) 120/25 162111 163/24 171121 find [14) 36/22 39114 65/10 66/21 Frederick [2) 113118 I13/20 free [4) 106/23 108/8 111116 156/24 glad [1) 717 God [1) 73/6 goes [5) 73112 130/15 163/13 13/12 68116 74/21 114/22 115/2 115/2 161122 great [6) 59/6 69/2 83/25 I22/9 71117 76/1.6 8917 I 09/13 109116 Freudian [1) 110/4 163116 172/2 130/2 149/21 145/9145112 146121 147/7 147/9 Friday [3) 19/5 19/6 16517 going [162) 5/I4 6112 6118 8/3 8/4 greater [2) 119/6 119/8
0 finding [2) 37117 69113 finds [2) 161/7 161/9 fine (17) 1417 14/8 6117 88/25 friend [3) 12/18 12/23 66/3 friends [2) 15/25 105/12 front [7) 8/21 8/24 27/8 63/18 8/4 9/19 9/19 11/16 12/5 14/17 GREER [22) 1/8 5/5 12/8 12/12 14/18 14/21 14/22 16/21 1713 1717 12/13 12/17 22/2 22/24 24/8 64/21 1717 17/817/1117/12 17/14 17/18 72/18 74/20 75/22 77/11 98/3 9817 92/21104/6107112 108/21 120110 94/6 100/3 158/6 17/18 17/22 18/21 18/24 19/1 98/12 115/14 116113 126/1 133/22
0 122/8 149114 154/3 160115 167/16 168/25 169/3 171/23 fine-only [I 1 120110 Frosch [1] 51113 fun [I] ·127/3 further [4) 48/3 149117175/9 19/11 19/21 21114 21120 23/I4 160/3 26/IO 26/12 27/2 30/20 3114 34111 Greer's [I] 12/25 34/15 36/6 37117 42/3 45/I5 46/I6 Griffin [2] I23/4 I23119 fire [1 1 79/6 175111 47/I3 55/2I 56/I8 60/20 67/18 Grimes [I) I69/20
0 firearm (13) 5/6 24/9 24115 24/17 24/21 47/2 74/11 74123 76115 77/5 81/20 82/2 171115 firm [4) 11/!I 119119 119/20 G 68/18 69/2 71115 71122 74117 74/21 75/21 76/4 76/22 77/II grocery [1] 70/14 group [4) 8/22 8/23 94/6 9417 Galimbertti (4] 27/8 44/17 44119 77/14 79/I2 79/18 80/15 8118 8417 guarantee [2) 13116 16517 162/9 84/10 85116 85/20 85/21 87/19 guard [1) 16/19
0 122/2 first [29] 7/13 8/1 11119 17/2 17117 21119 39/23 45/23 47/23 gangster [2) 52/8 52/11 garage [1] 43/22 gas [1) 133/5 gather [2] 99/6 142117 87/21 89/I 89/3 8917 91110 91110 guess [23] 18/13 50/19 64112 66/6 91111 94/2 94/I1 96/5 96/6 98/10 79/14 86/20 I 0017 102/1 I20/23 98/23 98/24 99/1 99115 102/17 120/24 127/9 140/5 144/21 145/24 105/9 105110 105/20 106/3 I06/22 146/2 146/9 146113 149/2 149116 63114 67/4 67/17 74119 74/19 gave [10) 31/3 31111 32/9 45/16 10817 109/3 109113 109/17 115/17 156/1 I65/6 I69/10 170/10
0 87117 94/17 94/25 95/21 99/15 99116 101/22 110117 115115 12217 52/25 58/4 10119 101/ll 126/4 115/19 116/I 116/3 116/8 116/9 guilt [12) 63/8 63/17 63/19 64/11 129/9 136/20 156/9 16117 163/9 141119 116/20117/19122/13 122/16 64/24 65/3 71121 106/10 106114 Fish [I] 149/19 Geisenschlag [1) 13/25 I22/17 124/9 125121 126/15 109/2 116/8 126/2 fit [2) 163/6 I63/6 general [4) 22/9 76/3 77/22 92115 126/16 I26/18 I26/18 127/20 guilt/innocence [1) 106110
0 five [IS) 24/22 2511 25/3 25/23 26/22 113/22 139114 14317 16113 162/22 164/3 169/8 169/23 17116 generally [1) 6117 gentleman [I] 77114 gentleman's [1) 42/5 I27/21 I27/21 I29/23 130/3 13217 guilt/innocent [1) 116/8 133/8 133/9 133/14 134/6 I36/1 guilty [55) 23/3 23/4 2411 24/2 136/2 136/3 142/9 I42/10 142/11 24/5 24/6 39/8 39/14 63/16 63/16 171110171/14 171115 171118 gentlemen [9) 11/8 11/13 I4/17 142/19 I42/20 I43/8 146/23 63/25 64/1 64/3 64/5 64/I9 65110
0 five-minute [1) 113/22 five-year (1) I71/6 flat [I) 49/18 98/22 I59/23 162/5 I62/17 164117 I48/20 I56/IO I56/23 157/8 165115 get [81) 6119 7111 7115 7/19 8/6 I 57/10 159/2 159/12 I59/22 160/11160/12 162/5 I66/18 66/21 6917 69/8 69/9 71117 74/2 74/14 74123 76/17 78/4 82/2 89/2 89/8 93/18 10I/10 106/18 115/12 flesh [2] 35/2 130/3 10/14 I0/1915/2 15/2 15/6 15/9 167/I1 167112 I68/21 168/22 1I5/13 117/6 11717 117/24 118111
0 flinch [I) 106/3 floorboarded [I) 105/16 focus [2) 94/11 118/20 17/22 22/3 25/4 31/4 31/22 36/21 I68/24 169/I1 169/I8 169/21 37/6 37/10 37/14 39/11 39112 39/13 44/3 58/5 60/1 60/5 6111 I70/13 171124 172/7 I72/1 0 173/24 173/25 174/5 174/6 118/18 123116123/17 124/6 124/25 125/2 125/6 12517 135/3 135/4 145110 145113 146/21 147/7 .. f~ll~[l~)_ 3?~12 }~I~ :J.~O 7 .. -~'!!6 6'![16_65/4 fi7a1§8L!L71/22 gone [8)_I807_18/20 22/6_107/2I. _1~7/9_1~8/20 .161/8. - -.
State v David Duane Greer 11113/12 Vol 3 58117 82/24 88/13 91/18 149/6 Hmmm [1] 12115 hurting [1] 122/16 H Henry [4] 15/18 56/1 141/14 hold [34] 10/13 10/17 10/I8 I0/20 husband [1] 50/li hand ... (5] 115/25 123/2 130110 I62/IO 30/I6 30/I8 3I/4 31/I2 46/4 66110 hypothetical [1] 22/9 165/2 175/13 her [24] 6/20 I0/20 21/3 21/12 7I/19 74/2I 76/5 76/22 7711I hvootheticallv Ill 9/5 handing (1] 55/13 31/3 3II12 3I/22 32/9 32/10 33115 80115 82119 84/7 84111 87/7 87119 handle [1] 173/25 33/I6 40/8 40/11 56/17 6I/1I 87/22 9114 91/7 98/6 99/6 106/10 I I'd [9] 8119 9/1 37/8 37/23 38/6 0 handling [I] 64/24 93/14 93/18 93/19 111/6 120/24 110/16 120/13 I2611 133/21 hands (14] 7/3 15/9 15110 15/13 I2IIl I31121 146/8 I58/8 135/20 138/14 156/II 94/21 95/4 105/2 I28/19 27/2127/2239/16 40/3 94/I7 here [81] 7/6 8/24 9/25 I 0112 holding [6] 34/I9 45/10 57/15 I'll [16] 5/1511118 35/1186/6 115/23 I23/5 J32/f5 139/2 1471;3 I0/23 11/16 1212 I2/6 I2/7 12/8 105/23_109/I 130/20 87/4.11118 114/24 II7114 12311 hang (1] 30/22 1211 0 13/7 I4/3 I4/ I8 14/23 I5/3 Holt [7] 43/7 68/2 9511 I 04/16 14I/21 149/15 I49/15 163/22
0 happen [9] 11/7 19/19 36/6 48/I9 I5/231611116!1218/1722/3 91/19 128/21 139/21 164/17 165/1 22/22 22/23 22123 23/I9 25/18 happened [7] 35/23 36/8 I 03/17 31/16 33/23 35/9 35/20 36/25 104/18 106123 107/6 home (22] 37/18 38/8 43/2 48/6 167122 170/12 17219 I'm (124] 5/14 10/9 11111 12/2 49/13 51119120/17I20/25 I25/13 16/II17/1417/1619/4I9/14 146/16 148/8 I5115 151/7 55/20 55/23 57/12 64/I6 64/23 125114 133/2 134/4 134/16 134/17 20/25 25111 26110 27/2 30/19 31/4
0 happens [7]9/24 66/13 73/2 118/16 122/20 125/9 163/18 happy [3) 20/25 21/2 2115 65/6 66/12 67/3 67/I6 67/17 67/22 134/20 137/6 I47/20 I48/9 157/16 32/6 32/6 32/14 34/25 35/4 35/10 72/7 72/8 72/18 77/24 82/3 84/9 85/12 85113 85113 85/14 85/20 158/11 171/I5 171/16 Hone [1) 137/16 36/6 46116 47112 47/17 47119 48/25 49115 50/1 50/4 50/5 57/7 Haque [3) 83/1 83/2 83/4 85/22 86/20 9212 93/1 94/14 98/24 honest [16] 16/3 16/3 65/9 67/6 59/20 59/21 60/20 64118 64/19
[J hard [6) 27/7 91/4 I 01111 102/13 101/19 103/10 103/10 114/8 154/22 155/13 hardship [I] 19/I2 I27/I3 132/13 132/I4 I33/7 6717 67/I2 73/6 77/13 I09/7 109/7 65/9 69/5 6917 69/8 69/8 69/9 115/18 11611 I20/5 I22124 I22/24 109/9 110/3 110/5 1I6/I2 15I/23 69/24 71/8 74/17 76/4 76/22 77/I4 I55/13 79/I4 81/II 81117 81/19 82/4 82/6 Hash [5] 51120 52/2 52/20 54/9 136/12 138/12 I43/25 I47/12 honesty [2] IOI/I115I/I5 83115 84110 85/13 86/8 88/3 89/I
0 162/10 hasn't [2) 76113 171/10 have [278) haven't (3) 37/1 67/IO I72/I2 I47/17 I48110 I58/7 I5911 I62/I8 Honor [2] 93/24 I65/I2 here's [5] I4/25 I7/8 48/22 72/16 Honorable [1] 11I6 144/22 hereby [1] I75/5 hopefully [2] 102/20 I41/I9 Hopkins [I) _I 00/9 89/3 89/7 89110 90/20 90/23 9I/7 9I/IO 9II10 91/11 91112 92/14 93/25 96/2I 9717 97/24 98/22 98/25 99/I5 102/7 I 04/20 105/25 having (11] 46114 62/3 65/7 65/I4 Hernandez [5] 33/I8 33/19 34/5 horrible [1) 77/25 I06/3 I08/7 I08/21 I09/3 I09/6
0 72/21 74/24 78114 90/8 91/5 114/I6 I51113 Hawaii [1) 19/1 6917 69/I2 horribly [2) I8/I8 I8118 -hesitation [7) I21/3 I2113 I2I/4 horse [1) 15211 12I/4 12I/7 153/IO I53/I3 horses (2) 83/22 84/I4 1I5/21I5/I71I51191I6/20 121/4 I2I/7 I22/8 I22122 I27/15 I27/I6 I29/23 130/2 132121 138/7 138/11 He'd [I] 123/25 Hey (1) 88/24 hot [1) 136/li I39/2 I39/25 141125 I44/2I 146/9
0 he'll (1] 165/16 he's (49) I3/13 26/4 26/5 26/6 Hi [1) I50113 Hicks [1) I53/25 26/8 26/19 26/2I 42/8 42/13 50113 hidden [1) 13I/20 hour [8] I4/22 I4/24 I5/2 I5/5 I5/9I7/I5 17/I5 I64/9 hours [1) I8/7 147/21 149/9 15I/7 I51/22 I55/I3 I56/9156/23 158/23 I58/23 160/12 I62/5 162/I9 I67/1I 52112 52/12 52115 52115 52/22 hiding [4] 31/19 84/I9 88/7 89/2 house [27] 411I 48/II 49/3 49/4 167/I9 170/3 172/IO I73117
0 53/10 55/22 68/19 6911 69/3 69/4 high [3) 22/13 22/I3 I20/4 70/25 74/23 76/19 80117 85/25 89/2 89/2 91/5 96/4 97/9 97/IO ' higher [4) II8/3 II9/I8 I30/20 130120 49/6 50/9 56/4 59/4 59/9 60/4
8112I 82/7 86/I3 I20/I8 130/25 I've (12] I4/5 46117 911I2 91/13 60/11 60/I6 6I/9 6I/II 62/4 811I9 911I6 I05/3 131110 137/23 139/7 I39113 149/23 160/3 97/12106117 110/18II5/I4 highest (1) I20/3 132/22 134/24 135/6 I35/8 I48/9 idea (1) 49/I8
0 116/24 123/17 126/10 126/I2 Hill [3] I37/13 I37/I9 137/20 126112 I37/18 143/4 157/6 I59/13 him [48] 12/20 I3/4 I3/4 13/14 159/22 I69/23 172/15 172/2I I5/23 I5/24 16118 42/8 42113 158/9 Houston [I] I39/I8 ideas [1] I25/12 ignore [I] 60/I5 how [89) 6119 7/1 9/I6 Il/3 II/8 _ III [I] 1116 head [8) 27/9 311I6 39/24 59113 42/21 51115 52125 52/25 53/7 - _j]Ll7_12/f_QJ__3/14_l5Jl151_815lll ilkgal_[2] 3_6/_13_ 37/3_ - 68/24 7fiW7:S!·f76i:r4 - -- -- - -- -s5723-69i9 74Ti2 76/16i7m-
0 heads [7) 17/3 74/8 121/16 I28/6 79/I9 79/24 80/16 83/20 87/19 129/21 130/8 I69117 heads-up [1] I69/17 9114 9118 9I/8 9I/I8 I01/10 10I/25 I02/II I02/I2 I02/I2 15/19 17/3 17/8 20/I6 20/24 21/20 illicit [1] I66/18 22/I4 26/21 27/I9 35/1 39/25 immediate [1) 78/2 40/20 43/6 44/24 45/2 46/2 50/17 immediately [1) 47/20 51/2 53/18 5611 57/22 58/2 58112 impact (1] I51/8 health [I] 165/2 104/2 I 06/10 I 09/I I 09/7 110/17 6113 63112 65112 65/24 68/2 68/13 impartial [5] 12/24 I40/ll I48/2
0 hear (16] 37/24 39/21 46/18 76/9 I26/l 126118 132/I4.132/18 79/18 83/1797/2 97117 97/24 153/I3 I53118 153/I9 15717 100/4 118/1125/25 133/10 136/3 I57/II 166/4 69/I2 69/20 72/7 72/II 72/21 I48/7 I48!12 72/22 73/21 73/24 75/5 83/I3 84/3 impartially [1) 103/8 86/7 86/7 89/24 90/18 I 00/I important [12) 11/3 Il/9 I8/22 138/1 163/23 himself[2) 90/9 I24/1 101/24 104/I8 I06/I6 I07/10 20/2I 57/12 63/5 115/20 120112
0 heard [7] 39/22 72/3 78/14 109/8 hire [1) 123/9 115/8 129/19 135113 I07/11 108/19108/23112/15 122/5122/8124117135/9 his [43] I6/l 42/6 42/7 42/8 42/10 121/2 121124 122/8 126/24 127/6 importantly [2] 74/20 133/21 hearing [6] 101/8 102/18 114/17 42114 42/20 42/20 42/20 43/21 127/23 130/13 130/14 130/20 impression (1) 79/1 167/19167/20 168/2 43/22 50114 52/11 53/I1 55/20 131/18 131/21 136/4 136/13 impressic:ms [2] 8/6 8/9
0 hearsay [I) 167/11 heart [2] 86/8 155/6 hearts [1) 155/6 56/9 56/IO 68/I9 68/22 69/3 87/18 143/18 143/20 I44122 I49/12 91/8 92/3 96/1 I 00/9 100/10 I50/12 154/2 157/2I 157/23 100/12 101/9 102/24 105/14 115/9 159119 164/2i 165/I6 172110 incarcerated [1) 120/7 incarceration (2) 169/9 171/19 incident (1] 168111 Heath [I) I 00/9 124/8126/11 138/11 140/20 Hudspeth [3) 62/6 93/21 136/14 incidents [1) 105/20
0 Heidick [I) 57/20 153/10 153/16162/25 166/3 166/9 huh (2I) 13/23 29/19 29/25 30/25 included [4) 172/6 172/13 172118 held [8) 1115 1/17 46/21 53/24 169/8 169/24 173/24 35/25 43/5 44/16 46/6 64/4 69/11 175/6 57/23 145125 146/6 147/18 history (5) 29/6 2917 71123 75/23 70/18 71/4 73/22 74/16 95/25 includeds [1) 172/4 Hello [4] 99/25 104118 157/21 78/8 131/4 141/15 146/18 147/1148/3 incriminate (2] 85/7 127/10 158/3
0 hit [1) 68/23 154/15 Incriminating [1) 85/5 help [9] 31/16 34/11 54/6 58/6 hits (1] 147/19 human [2] 72114 151/8 Incrimination (2] 82/13 82/14 INDEX [2] 3/1 411 60/21 118119 119/20 120/9 135/4 155/17155/21156/2 156/2 156/4 114/16114/17132/6133/20 0"--.. indicated [71 107/22 115/10 116/4 135/5 116/7 136/9150121 158/25 issue [12] 63/17 I 06/II III/6 157/5 157/15 157/23 159/20 I60/I5 160/I8 I61/7 161/9 I6I/25 keeping (4] 14/1118/6 79/17 79/20 indicating (1] 64/23 II2118 122/25 I25/23 14115 I4I/6 162/I 165/13 165/22 167/9 167/18 Keith [1] 10717 Kelling [6] 12/14 61/25 62110 0 indicted (1 I 160/23 147/12 157113 167/24 169/5 I67/24 168/3 168/15 169/4 I70/1 indictment [9] 134/4 134/5 I34/8 issues (8] I02/22 13112 136/20 I72/4 172/14 173/14 173/23 84/2 86/5 87/4 I34112 I34/15 134/18 160/21 137/22154/9 I70112 171/25 Judges [2] I73/12 173118 key [1] 70/1 162/25 I63/l .173/23 judgment [5] 126/2 169/19 keys [2] 36/22 47/19 indictments [1] 134/7 it'll [1] I7/13 170/11 170/22 170/24 kick [1) 21/18
0 individual [3] 118/15 128116 I34/10 individually [1] 17/25 it's [128] 7/6 7/16 9/6 10/8 13/12 JUDICIAL [I] 118 13/22 1717 19/14 20/21 22/9 25/23 July[l]I00/11 26/9 26114 29/10 29/23 30/7 30/8 jump [2) I6/25 105/19 kids [2) 110/25 132123 kill [2] 78/3 I24/9 killed [2] 97/23 98/11 industry [I] 53/21 30/11 31121 33/16 35/8 35/8 39/9 juror [28] 12/25 14/10 16/4 21111 kilo [3) 35/8 I32/JO 132/12
0 inevitably [1] 9/23 39/15 40/1 41/13 43/2 43/18 44/5 39115 69113 84/17 99/8 99/8 99/8 influence [7] 89/12 92/14 106/14 45/5 46/1 46/3 4614 46/20 46/22 109117 150/8 152/18 156/19 9919 9919 99119 111/17 112/11 47/9 47/16 47/16 48/17 49/3 49/6 II2/11 112/24 124/20 132/3 kind [46] 18/23 24/16 36/14 37/6 39/19 39/21 46/2 54/24 56/4 57/11 57/18 60/14 60/17 65/6 72/3 72/8 information [4) 5/21 5/25 6/4 6/9 50/8 50/20 52/7 53/9 54/22 56/10 I36/l 0 136113 148/2 148/12 74/17 77/2 77/16 82/3 85/15 86/19
0 informations [I) 134/7 injury [I) 115/3 56/I6 56/17 57113 57/23 58/25 59/3 59/20 60111 60/11 60/12 innocence [3) 106/10 109/2 126/2 60/12 60/15 60/16 61/10 61/11 150/14154/11I55/2 157/14158/5 jurors [I6) 5/20 6/8 8/2 9/24 10/24 88/23 96/24 114/7 114/8 92/1 10I/4 101110 110/24 116122 I17/15 120/10 132/18 137/24 14118 141/8 147/11 147/19 155/25 innocent [I1) 22/25 23/1 23/2 66/20 68/15 68/16 70/22 71/25 I38/18 139/23 139/24 142/5 149/5 162/22 163/4 163/7 164/25 165/1
0 72/19 72/2078113 84/14 86/9 93114 106117 1I6/8 inside (4] 56/6 92/6 151/II 151115 72/3 72/14 77/4 77/19 79/5 82/5
92/1 92/18 98/23 I 02/22 107/I7 158/25 162/5 82/5 82/7 82/7 83/25 85/21 91/18 jury [75] Ill I 5/14 6/1 6/7 6/10 6/14 6/14 6/20 7/2 7/9 7/14 7/18 110/7 115/9 116/22 I17/16 119/21 8/7 IOf9I1/12 13/22 15/3 17/11 167/11 169/16 170119 171/9172/3 kinds [2] 87/2 13118 Kleenex [2] 35/7 I32/I1 knew [8] 35/12 35/12 37/4 37/13 instance [1] 9/4 120/2 120112 12113 12114 121/7 18/1 23/23 23/24 24/3 26/5 55/14 47/2 102/5 131/24131125 0 instead [I] 37/16 instruct [2) 92/2 I52/14 instructed [I) 153/18 121/18 I22/12 122/20 I24/10 125/10 125/17 127/20 130/14 130/15 133/14 133/17 133/19 62/22 63/13 63114 63/15 63/18 63/20 63/23 64/2 64/19 65/4 71122 71124 73/10 74/10 82/19 83/17 know [151] 8/16 9/4 9/10 9/23 10/1011/8 12/1012111 12/13 12/17 13/7 13/1013/1113/12 (I instruction (12) 89/17 92/5 92/12 134/9 134/9 136/10 136/12 13811'1 83/19 84/7 87/6 88/18 101110 13/14 16/10 16/11 16/15 16/16
u I38114 152/21 152/22 154/11 139/5 141/7 144/15 144/21 145/2 110/13 118/12 118/18 122/6 155/3 155/20 155123 156/5 156/10 145/3 148/11 149/21 166/10 instructions [5] 32/10 153/17 122/23 125/10 125/11 128/13 I68/24 169/6 170/8 170/13 170/21 128/14 135/25 136/10 136/16 16/18 17/1 20/20 22/14 35/8 35/23 36/14 37/23 38/3 38/6 38/9 38/10 39/12 40/9 40/12 41/8 43/17 44/1 I62/19 164/4 164/6 172/1 172115 172/24 . 136119 139/10 139/22 141/11 44/11 44113 44114 47/15 49113
0 ' 142/16 146/20 148/10 156/11 52/21 54/10 54/11 56/7 57/15 instructor [1 I 141117 item [6) 44/4 45/16 50/5 145/3 instructs [6] 89/14 90/15 127/24 145/9 162/18 162/7 163/25 165/11 165/16 58/25 58/25 59/3 59/9 60/12 60/12 152/8 155/16 156/2 items [3) 53/23 54/2 62/3 165/I8 I67/1 168/22 I68/23 60/I6 60/i6 60/23 6113 64/11 65/8 instrument [1] 134/9 its [I) 90/6 170113 17I/3 69/5 69/25 70/2 70/3 70/6 70/I2
0 instruments [1] I64/I9 Insurance [1) 20/12 intend [1) 31/22 itseJ{ f2l 50/5109/18 J jury's [2] 64/22 65/3 just [104] 7/4 8/24 9/1 9/14 10/7 10/8 10/18 10/20 14/3 15/1 15/8 71/22 72/11 73/12 74110 76/7 76/19 76/25 77/17 77/25 79/20 81/16 81/17 81118 81121 85/15 intent[!] 146/I6 _j~£1•JI]_ls8m__ --· -- 16/15_16/18 17/10 23/21_30/22 .85/23 88/.4 89/20,90/8.9115.91117 -
0 · inteilii0ill2D74J3174i4 · interest [1] 105/17 interested [1] 37/9 interesting [4] 35/14 125110 jacket [1] 166/13 jade [1] 79/9 jail [1] 118/17 James [1] 20/8 3I/3 36/24 37/18 39/16 44/21 45/24 46/4 46/20 48/23 49/24 49/24 52/10 57/I3 60/14 60/20 65/18 69/8 70/10 71/16 73/10 91/19 91/I9 92/I4 94/I5 96/10 9717 100/10 103/4 106/3 I06117 I08/23 II0/3 110/I4 112/2I 112/22 113/17 116/4 117/16 126/6 127/3 Jay [1) 139/16 85/23 86/20 88/7 89/11 9113 92/17 118115 II8/15 12115 122/11
0 interruption [1] 14/20 interviewed [1] 139/21 intoxicated [1] 123/11 Jeffrey [1] II2/13 job [6] 8/18 39/11 64/22 91/19 125/20 130/2 92/18 94/15 99/6 99/16 I 00/2 102/13 102/22 103/16 105/18 108/10 108123 109/6 109/25 110/8 122!15 122/22 I22/25 123/24 124/19 124/20 I25!18 126/10 I27/8 131/7 131/7 131/7 132/22 intoxication (1] 126/9 jobs [1] 91113 11I/25 112/22 115/10 116/22 133/5 133/17 133/19 I33/24 134/5
0 introduce [II 11120 introduced [I] II4/25 invading [1] 8/19 joint [1) 86117 joke [1] 85/25 Jones [2] 2/1I 115/2 119/1 120/4 122/7 125/17 125118 125123 12717 128/16 131/15.135/5 135/6 135/22 136/I? 138/7 I40/10 135118 135/23 137/15 139/7 140/14 I43/8 144/21 145/3 145/6 146/4 146/_5 I46/8 I49/7 149/7 invariably [1] I7/17 JP [1] 137/I8 I41/23 I43123 I46/2 I46/9 146/16 I62/2I I63/7 I67/4.167/JO 167/1 I
D inventory [4] 166/I 0 I68/9 168/11 168114 investigating [2) 20/22 211IO jud-ge [90] Ill 7 5/1 I 8/20 9/2 I 0/8 148/23 151122 152/17 I54/3 154/7 11/22 14/7 15/17 17/14 17/23 18/6 157/15 157116 158/10 158/18 24/8 25/5 25/7 25/II 25114 26/4 I58123 I59/2 I59/3 I63/3 165/2 167/I2 169/5 169/11 170/4 I70/11 173/3 knowing [6] 40/7 70/I6 157/16 involved [1] 21114 55/19 62/22 63/15 64/20 64/22 166/I I67/2 I67/13 I68/25 I69/16 158/8 I58/JO I58/I8
0 involving [2] 77/5 I48/I9 iron [3] 120/20 I20121 I20/24 Ironically [I] I24/II IRS (I] 127/8 64/24 72/I 0 89/I4 89/I5 90/15
I07/15 111/6 II2/6 II3/II I13/18 114/21 116/3 128/12 135/12 136/2 K I70/I9170121 I7I/3 173/1 173/6 92/2 92/6 93/25 94/4 I 04/6 I 06/1 iustice 141 II/3 II/9 I11I6 I37/I9 knowingly [4] 38/I4 39/I 132/2 144/7 knowledge [4] 61/16 82/5 82/6 158/I? Irvin [5] 32/3 32/14 32/I5 80121 136/3 136/9 138/9 138/23 143/4 Karen [I] 157/I9 known [3] 12/20 I2/23 38/2 0 162112 I43/6 144/11 144/23 148/4 149/10 Kathryn [1] 99/2I knows [7] 38/19 53/9 61/9 611IO
.. _Q_. -------- Demse C. Ph1lhps, CSR member (4] 66/3 81/18 15116 motion [2] 160/23 168/1 multiple (2] 56/25 131118 no [711] 15117 motions [2] 161123 173/22 municipal [1] 126/15 No. (3] 1/3 58/18 99/20 mental [I] 102/22 mouth [1] 46/19 murder [9] 6917 6917 69/9 73/11 No. I (I] 99/20 mentioned (3] 99/23 10114 106/5 move [2] 71113 153/8 124/11 124112 124/14 139/11 No. 12-03324-CRF-272 [1] 113
0 mentioning[!] 167114 mess [I] 11/13 meth (4] 36/22 36/23 37/3 38/8 movie [2] 52/2 52115 movies [1] 120/23 MR [111] 11123 12/12 12/13 139117 must [3) 8212 I17/4 156/11 mutual [2] 12/18 50120 mY-[71] 6/1912/213/15 17/4 25/5 No. 54 [I] 58/18 nobody [4] 42/21 88/15 88/19 88/19 nodding [2] 17/4 31/16
u methamphetamine (8] 35/21 36/4. 12114 1211612/25 13/613/11 36/9 36/13 37117 37/22169/20 13/12 15/16 16/15 2115 22/2 22/24 27/5 30111 30115 33/24 36/6 36/25 Nods (9] 27/9 59/13 71110 74/8 171/4 24/8· 28/17 28/25 29/2 31124 32/3 37/19 39/11 4118 41/9 41/25 45/10 75/4 121116 128/6129/21 130/8 Miami (4] 52/9 52/10 52/16 53/8 32114 32115 32/17 32/18 32/23 47/17 54/22 57/19 59/20 60/2 60/3 none (1] 12917 Miao [4] 5417 54/8 54/15 55/9 33/18 33/18 33/19 34/5 36/15 61/2 64/20 65/9 65/14 68/2 69/6 nonrefundable [3] 18/15 18/25 Miao's [1) 55/4 38/12 38/18 38/23 41/5 42/2 42/22 6916 70/17 70/20 79/8 79/9 80/11 19/4
0 Michael [1) 104/16 middle [I) 164/5 might [28] 8/II 8/13 9/8 18/10 4317 5115 55/6 55/8 55/12 55115 56/2 56/12 56/21 57/8 58/6 58/10 6114 6115 61/25 62/10 62/12 62/12 81118 81/20 8217 82/21 86/8 86/12 86/14 90/10 93/13 100/8 100/9 100/19 100/20 105/16 108/2 noon [6] 14/24 15/2 15/9 15112 164/8 164/8 nope (1] 22/5 67/3 67/8 8517 85/19 86/25 9117 62113 62/24 64/6 64/21 68/2 6917 108/11 115/1 115/18 115/24 norm [1) 7/8
0 91/19 93/1493/18 93/18 106/10 69/12 69/19 69/22 70/9 70113 71/6 12112 126/5127/10 131118 132120 7118 7119 7119 72/18 74/20 74/21 133/3 137/25 145/23 146/20 75/22 77/11 80/4 8017 80/11 80/21 120123 122/9 123/21 133/22 134/22 140/6 145/24 146/2 148/9 148/23 151/5 151/8 154/22 155/22 normally (2] 71121 139/3 Nos (1] 142/8 not [259] 150123 154/9 164115 173/6 80/23 80125 81114 82/22 82/24 158/22165/6 175/13 note [I] 164/18
0 million (2] 60/8 78/8 Millions (1) 119/12 mind [13) 46/20 46/25 47/5 54/3 6315 72/17 79117 79/20 90/10 83/13 84/2 86/5 87/4 87/23 89/24 90/1 90/4 90/18 92/10 95/1 96/15 98/3 9817 98/12 104/18 106/23 107/9 108/19 114/22 126/1 129/11 myself[8] 17/5 22/8 65/9 83/24 94/4 109/20 115/1 154/17 N notes (3] 164/19 164/21 164/22 nothing (13] 24/20 39/19 65/20 66/9 72115 74/13 86/9 98/3 98/12 149/17 156/17 164/I6 165/13
0 102/18 103111 121/3 158/12 132/3 133/22 150/15 15217 160/3 name [16] 5/22 6/23 12/2 35/16 notice [3) 110/2 114/6 125/22 mine [7] 45/12 46/3 46/4 82/5 161122 40/15 54/6 82/25 96/1 99/2 100/9 noticed [2] 67/3 67/8 8217 141/13 173/6 Mr. [15] 12/8 12/9 12/17 19/25 100/10 115/1 126/9 136/13 137/16 notion [7] 40119 43/4 44/21 47/23 minimum [2) 133/20 171113 42/3 57/5 62/11 87/23 92/23 95110 162/6 48/3 49/11 83/9 minute [I3] 14/3 23/15 23/15 107/6 107/17 108/14 112/16 names [3] 5/21 7/12 162/5 November [4] 1/14 3/2 4/2 5/2
D 46/16 65/6 70/14 71121 98/25 99/5 116113 99111 113/22 141/23 142/16 minutes [9] 15/5 17/24 93/23 Mr. Arias [1] 92/23 Mr. Cessna [1] 62/11 Nancy [1] 153/25 narcotics [1] 130/19 natural (4] 72/14 77/19 83/24 now [74] 6/11 7/2 7/1617/1 22/16 22/24 2317 24119 25/21 26/4 29/17 29/21 30/5 3118 32/6 33/2 33/14 98/24 142112 159/19 159/21 Mr. David [1] 12/8 91/23 39/10 4118 52/19 56/18 57/10 6114
0 164/14 164116 misdemeanor (1] 112/23 miss [1) 125/23 Mr. Earl [1] 12/9 Mr. Greer [2) 12/17 116113 Mr. Holt [I] 107/6 nature [3] 118/5 133/15 170114 nearest[1]37/17 neat [1] 67/14 63114 64/15 64/21 67/15 67/24 71114 71118 72/17 72/18 7411 74/23 76/1 76/2 78/10 78/13 81123 missed [5] 16/IO 97/5 97/20 123/2 Mr. Parker [3] 87/23 107/17 necessarily [7] 19/3 69!15 110/24 83/21 87/5 91116 94/3 97/9 99/8
D 125124 mistake [I] 18/12 mistakes [1] 129/16 108114 Mr. Pfitzer (1) 42/3. Mr. Schlechte [1] 19/25 129/14132/22 148/22 170118 necessary [I] 119117 need [41] 7117 7118 8116 9/1 9/9 103/19 107/14 109/13 116/11 120/1 122/11 123/1 12817 130/11 132113 134/23 137119137/23 mi~t~el!!_t;.~ [~]_ 20~91_16 _ Mr:._Smith [1)_5_7/5___________ 9/9_1008_13112 14/11.30/20 38/6 __ _138/13-143/10.143/12 143113- -
0 mistreatment [1) 9/14 mistrial [2] 5/23 122/20 mistrials (1] 5119 misunderstood (1] 78/25 Mr. Watson [2] 95/10 112/16 Ms [72] 15/18 2717 27119 28113 29/17 30/24 31116 31118 31118 31119 33/6 34/11 34/15 38/15 66/25 94/15 94/16 94118 96113 9917 I 05/18 I 08/23 109/10 110/13 116112 118/8 118/8 120/J 122/25 122/25 137/8 13811 142117 147/23 151/13 152/23 164/4 165/15 165/20 168/20 169/5 169118 171/5 171/24 173/1 173114 number [15] 7112 7/16 10114 155/16 158117 159113 159/19 I 0/17 32113 54/15 56/16 56/20
0 mixed [I] 7317 38117 38/23 38/23 39/22 40/15 moment [1] 31/9 43/10 43/20 44/17 45/2 46/17 159/25 165/1165/4 169/14 169118 58/17 87/22 93/9 12317 140/20 Monday [3) 72/24 73/13 148110 47/12 47/13 47/21 47/22 47/24 170/15 140121142/10 month [1] 119/13 49/10 50122 51113 54/6 54/15 55/4 needed [1] 102/11 numbered [2] 1116 17517 Montoya (2] 55/12 55/15 55/9 5611 57/11 57/19 57120 58113 'needs (2] 118/4 11817 numbers Ill 55/13
0 mood (3] I 00/11 100/12 I 02/23 Moore [7] 32/18 47/22 47/24 49/10 80/23 88/10 111/13 58/20 58/21 59/15 6116 62/6 65/12 65/22 66/19 66/23 81/2 88/10' 89/21 90114 90/22 91/1 91112 negative [I] 94111 Nelson [6] 42/17 9111 91112 92/13 137/12 153/25 I o'c!ock [2) 18/5 1817 moral [3] 61/1 7 146/4 159/1 92i13 93/21 95/14 95/17 113118 nervous [2) 18/20 85115 oath [11) 67/4 67,/8 67/11 67/18
0 more [26] 14/23 16/13 22/14 38/6 113/20 131/1 136/24 137112 49115 50117 50123 51110 51118 74/20 90/12 90113 95113 9617 143/18 143/23 157/21 158/3 158/6 158/6 never [8) 22/23 22/23 49/1 83/17 106/3 149/23 166/23 167/6 new [2] 7412 9118 122/14 125/5 128/20 129/6 135/19 156/15 160/1 object [6] 25/15 26/4 5711 133/15 97116 104/25 112/19 115/1 119111 Ms. (5] 40/18 42/17 68/10 94/24 news [2] 17/17 126116 134/1 167112
0 130/3 131/6133/21 139/2 147114 141114 153/16 171/!0 morning [12] 11124 1112512/2 Ms. Cox (1) 94/24 Ms. Defrancesco [1] 68110 14/12 14/18 14/24 18/3 18/5 16417 Ms. Henry [I] 141/14 next [13) 17/5 18/16 18117 19/1 5817 63/16 73118 86117 8911 89/5 124/2 135/21 162/24 nice [2] 14217 162114 objection [8) 25/5 25117 27/3 160116 16717 169/17 170/2 170125 objections [3] 133/13 161/24 161/25
0 164/12170121 174/8 Ms. Nelson [I] 42117 Nichols [I] 95114 objective (1] 12/25 most [8] 12/24 14/18 14/23 17/13 Ms. Steckman [I] 40118 niece [2) 140117 140/22 obligation (4] 61/17 61/17159/1
.. -0--------~· Denise C. Phillips, CSR D State v David Duane Greer 11/13/12 I44113 I45/24 I50/7 I5I/6 I52/I7 I8/9 22/23 26/IO 32/7 32/2I 33/I4 PD [1] I67/6 f-0 ___________, I53/16 156/1 157/8 158/25 159117 34/17 36/3 36/20 37/2 39/7 44/4 peace [3) 71/19 126/20 137/19 [}. obligation ... [1) 159/2 obviously [11] 19118 76/7 98/2 164/11 171/3 174/5 44/6 47/1 49/4 52117 52/24 53/6 one-on-one [3] 98/25 99/3 142/13 57/11 61/16 67/16 67/17 67/22 peeves [1) !08/11 pen [9) 30/14 30/15 31/4 31/7 117/25 119/18 128/8 138/11 ones [5) 6116 57/19 68/2 80111 68/24 76/15 84/9 9211 I15/20 32/I9 33113 33/24 45/9 45/10 140125 169/6 I71/20 174/4 82/22 120123 122/21 129/24 I36/11 Penal [1) 25/22
0 occasion [1] I53/17 occur[1) 122/19 occurred [1] I75/7 off[24] .5/17.. 6123 7/13 I 11I4 only [22) 21112 25/5 25/11 47/9 47/176311763/1763/2064/23 64/23 74/9 95/20 115114 I I5/I4 143/24 143/25 158/7 162/18 163/14165/5165/6 overrule [1) 27/3 I I 6/8120/IO I4717 I-55/15 I67/1 overview [2) I63/4 163/6 penitentiary [2) 25/24 26115 people[28) 6/116/157/15 ll/11 11/14 22/I5 34/6 34/6 34/6.39/I2 · 39/20 47/1949/2550/17 50/17 2I/I8 25/4 30/I4 40/10 75/22 167/24 I69/4 173/23 own [23] 46/22 47/3 48/6 54/15 56/25 62/3 88/19 99/7 110/23 80/16 81/1283/22 96/7 96125 Oops [1) 5717 57/14 57/25 58/5 59110 60115 122/7 131110 I311I8 136/9 136119 97115 118/23 120/25 121/1 I22/23 open [3] 86/25 131/16 175/7 61110 65/19 66/21 68/6 69/15 90/6 143/7 I47/18 173/12 124/I I42124 I65/25 171110 opening [2) I6311 163/3 128/9 130/9 130/10 I30/19 146/2 people's [2) 56/7 78/2 I73/20 operation [2] 53/I 53/10 146/25 148/24 174/1 percent [5) 63/10 119/10 119/1 I
0 Off-the-record [3) I42/24 I65/25 opinion [1] I02/8 I73/20 offender [2) 72/4 72/6 opinions [1] 67/13 opportunity [3] I I5/I5 I63/4 owned [4] 56/I7 65/11 144/7 144114 owner [3) 134/20 147/8 158/23 I 19/14 I26/3 perfectly [2] 72/14 83/24 perhaps [1] 15I/3 offense [24] 23/23 24/3 24/I 0 I63/12 ownership [13) 28/21 28/24 29/11 period [9] 36/19 39/6 63/I 9 66/2
0 24/14 26/9 26/1 I 38/20 39/8 71/I8 opposed [2) I5/4 32115 7I/25 72/4 73/25 74/2 76/24 78/I2 opted [1) 64/22 78/22 7912481125 86/21 II7/2 option [5] I5/415/I4 I23/1 54/12 54114 57/12 57/17 129/25 66116 82/17 92/4 120/22 160/4 130/5 130/6 130/24 I45/20 147/2 permit [1) I73/8 owns 141 55/2 56119 68/21 137/20 person [45] 16/11 16112 24/13 121/7 I61/8166/19 169/6 127/17 170/9 24/13 39/16 40/3 40/20,44/22
0 offenses [2] 66/14 71/24 offer [5] I60/12 160/22 160/24 I61/3 161/4 · order [4] 36117 I62/2I 169/22 173/14 organization [1] 53/11 p p.m [1] 125/10 Pacino [4] 52/7 53/7 53/8 53/20 50/24 5I/11 51118 53/22 64117 66110 7211 7215 76/25 82/16 84118 117/3118/7118/17118/1812116 offered [1] 175110 original [1] 77/5 pads [1] 164/18 123/10 126/5 128/4 130/21 131125
0 offering [1] 166/25 other [56] 6/7 6/8 6/25 8/12 8115 page [6] 3/3 4/3 162/18 162/20 134/17134/24135/23 136/15 offers [1] I60/7 9/I I 9119 I 1/5 I5/4 21/I7 32115 162/20 I64/5 137/23 137/24 138/2 138117 office [15] 12/3 21/2 21/5 21/9 43116 46/IO 47119 59/23 7II12 Page 4 [1] 162/20 144/14 144/15 145/8 145/10 I02/16 113/4 113/5 137/6 139113 71123 75/20 84/13 84/21 86/23 paid [2] 175112 175/12 145/13 150/21 150/24 151/1 I39/I5 I40/I6 140/18 140/25 87/1 96/5 96/8 97116 100/21 I03/6 paid/will [1] 175/12 personal [12]6/6 94/9 144/3
0 14I/I 14I/4 I05112 I 14110114/12 117/21 officer[19] 91129115 36/24 37/17 121/17 I22/20 I31/2113I/24 37/18 73/7 96/2197/9 97/15 97/22 I31125 133/13 136/23 137/9 panel [13] 5/3 6/2 26/5 99/13 144/5 146/2I47/15 148/6148/6 I14/5 I39/2139/22140/11142/23 148/24149/6149/11149/12 158/5 I62/3 162/15 162/18 personally [7] 10/4 1112 39113 98111 10II14 105/13 118/4 118/7 138/18 141110 144/15 150/1 panic [1] 164/25 82/7 100/7 100/8 148/15
0 I29/3 I29/5 I29/10 134/20 officers [4] 96/6 103/5 139118 I66/7 150/25 153/2 156/1 I58/25 164/4 paper [2] 13/22 134/8 167/24 169/4 I69/17 1711I6 I73112 I73/22 174/5 I75/6 par [1] 7/5 paragraph [1] I711I7 persuade [1] 16411 pet [1] 108/11 Pfitzer [6] 42/3 62/12 62/13 92/IO Official [4] 1/22 I75/4 I75/I3 others [1] I32/23 paragraphs [2] I6119 I70/24 I50/IO 150/15
0 175/I7 often [3] 83/I6 91/I7 I06/2 Oh [14] 12/I6 20/23 2114 31/15 otherwise [3] 15/7 31/I5 130/13 paralegal [1] 13/I7 Otis [5] I23/20 I23/2I I23/23 I23/24 124/3 paralegals [1] 16/1 pardon [1] 14/19 phase [12] 63116 63/17 63/I7 63/19 64/6 71/21 116/10 16119 163/18 163/20163/24 164/22 40/22 48116 71/8 78115 87/21 ought.[l].J60/13 __ ~-- _ _ __ _ _ parked~(2) ..Al/13-42/2Q __ --- - phases-[-1-]-63/1-3 -- ------- -- --
0 . 93h1139724147/IOI6-8JJ5 I73/IO ol<ay [362] old [5) 8/8 8/8 8/9 23/18 60/22 our [18) 8/5 IO/I I 1 I/9 I7/24 Parker [8) 56/12 62112 87/23 Phillips [5) 1/22 10/12 175/4 2112 21/5 2I/9 67110 86/I6 I02/16 87/23 I07/7 I07/9 I07/17 I08/14 175/I5 175116 I23/8 I24/I3 I40/IO I48/6 I48/6 parking [2] 4I/13 43/22 154/24 I66/IO I74/I phone [1] 5/I8 parole [11) 24/23 25/2 25/4 25/8 phones [2) 5/17 5/20 older [2] 100/8 100/I9 ours [2] 17/20 119/13 25/24 26/6 26/8 26/16 26119 26/20 physically [5) 40/20 44/22 47/25
0 oldest [1] I00/9 once [7] 64/5 67/17 67/2I 72/IO I22/I2 I2817163/I8 out [51] 6119 6/22 IO/I7 I2/10 26/22 53/23 68/7 I5/3 25/24 35/2 35/23 411I3 52/I7 part [12] I8/14 25/25 42/I5 52/25 physician [1] 51123 55/I3 6I/2 63115 67124 68/22 72/9 60/I7 60/24 64/I7 70/4 I21/I3 pick[9) 6/I4 6/14 6/15 7117 2717 one [90] 6/78112 8114 I0/2 10/3 72112 79/2I 79/22 I01123 I05115 146115 I55/25 I63/8 61/6116/20 I52/1 I62/I8
0 I0/4 II/2 I5/25 I611I I8/2I 21122 115/18 II5/2I II611 II6/12 22/6 24/I2 2611 2717 29113 29116 1 I6/13 I20/16 I23/I2 125/24 34/I2 35/8 39/IO 40/12 47/I7 participation [2) 98/I9 98/20 particular [5) 6110 64115 64/2I I29/5 I30/4 132/23 I34113 I36117 79113 I5II18 picked [1) I22/6 picking [2) 55/14 139110 pickup [2] .43/23 I05/I3 49119 50123 51/I8 62/I5 63/i4 I38/25 I39/8 I39/9 I39/20 I40/13 parties [4] 11/20 1111I5 175/6 piece [1) 134/8
0 63/2I 64/2 67/9 68/2 7I/20 71122 I4I/I2 I42/9 I42/IO I42/19 I75/10 7I/24 73/6 76/2 77/15 80/10 82/21 I42/21 146/9 149/1 I 153/5 159118 partners [1] I24/13 85/3 85/9 86/23 90/9 90/I2 95/13 I60/13 I62/6 I68/13 party [1] 45/16 pieces [1) I63/5 pink [1) 134/9 pipes [1] I05/I3 98/25 98/25 99/3 99/3 99/I5 outline [1] 24/16 party's [1] 45/15 place [9] 52/I7 59/21 60/I I
0 IOI/I4 I0314105/20 I07/4 I08/11 outrage [1) 78/2 II0/6III/25I14/24I17/23
I26/5 I29/I I29/8 I30/5 I31/I5 outside[14]6/4I8/999/I99/6 pass [I] 45/20 120/23 123/I3 I23/13 I24/5 past[5]8/5I8/II90/89I/5I44/4 I42/I9142/2I I22/I9 I23/I5 124/4 I24/I3 I25/3 99/7 99114 I05114 I I I/3 I27/8 · Pat [1] I I5/8 I42/17 I50/2 I59/7 I59/13 I68/2I path [1) I I/4 places [1) I73/8 plane [2] I8/15 I8/25
0 I38/IO 139/24 140/14 I41/IO over [48] 5/I5 5/I9 6/3 IO/I I Patricia [1) 99/2I planted [1] 36/25 I41/17 I42113 142113 143/11 II/13 11/18 I4/19 17/1817/18 paying [1] 59/20 play [4) 8/7 8/10113/8149/12 pre [1) 160110 117114117/20118/4118/7118/21 87/11 87/20 92/1 92119 103/4 player [1) 134/22 precisely [1) 77/21 119/3 119/5 119114 119116 119/1.8 105/2 109/1 129/2 137/7 140/5 playing [1) 133/14 predicate (1) 133/15 119/22 120/2 120/3 120113 12115 152117155/16156/9 156118 plea [1) 162/25 prefer [1) 95/4 124/15 135/24 15111 158/10 please [7) 5/25 8115 88117 95111 prejudiced [1) 9115 proper [1) 133/14 questioning [2) 7/23 8/23
0 114/18 142/9 162/6 plenty [1) 159/20 pocket [8) 39/23 43/19 4611 70117 70/21 70/23 144115 166113 prejudicial [1) 170/6 preparation [1) 175/11 preponderance [4) 118/9 119/3 120/4 122/1 properly (1] 64112 property [7] 47/2 54/2 57/14 59120 65/11 66/20 144/7 · prosecute (2] 130/14 13118 questions [33) 5116 6/13 6118 8113 10/14 14/23 16/24 21118 39110 71113 80112 85/17 9112 101/2 107/14 107116 109/22
u point [34) 11/17 21122 21123 22/11 35114 36/20 37/1 37/9 37/21 38/20 39/8 40/6 45/8 45/23 66/16 67/2 67/12 67/23 68/25 70/9 70/20 presence [3] 86/8 168/21 168/23 prosecuted [4] 102/16 102/19 present [4] 5/9 85/24 86/14 163/10 presentation (1] 163/9 103/12 166/23 prosecuting [2] 26/21 91116 prosecution [9] 116/4 116/21 109/24 111122 112/25 136/5 143122 147/14 150/1 150116 151/12 153/2 153113 154/5 154/7 15811 158/5 168/18 79114 79114 81122 115/11 115/14 presented [1] 106/16 130/1 139/11 143/21150/19 154/8 quick [1] 17/8
0 117/15 118/19 132/21 140/6 141117 15115 166117 172/4 pointed [1] 63115 presenting [I] 17/6 presents [1] 86/15 Presiding [I] Ill 7 167/3 167/5 Prosecution's [1] 116/11 prosecutor [22] 12/2 73/11 quiet [5] 57/19 68/2 80/11 82122 9111 louite f1l 17/20 police [2I] 9112 9112 9115 16119 pressure [2] 17/19 164/24 103/10107/13 107/20 110/9 86113 9615 96/16 96/23 97115 presumed [2] 72/18 78/13 114/25 115/10 116/7 117/16 R 97/22 100/7 10 1123 I 0 1124 102/8 pretty [11] 6116 17/8 103/25 122/13 125/20 12717 127/14 racial [1] 141/8 103/5 105113 113/2 129/3 129/5 104/3 10611 108/20 117/23 119/20 128/12 131115 13717 139/12 raise [5] 7/2 15/9 115/24 123/1 129/9 134/20 136121171/25 17211 139/14 140/4 140/7 14511 165/2
0 policy (2] 36/7 168/16 portion [1) 18/4 portions [4] 25/12 52/4 52/5 previous [2] 42/5 172/7 pt·eviously [6] 73/25 76/25 79/3 80117 81/11 86/23 prosecutor's [2] 140/3 158/4 prosecutors [3] 140/14 173/12 173/18 raised (1] 115/5 range [7] 62122 63/1 143113 143/14 159/17 159/18 161110 ranges [2] 64/9 64/10 175/5 primarily [2] 201!0 115/4 protect [1] 169/1
0 position [6] 59/17 77118 91125 prior [13] 64116 74/10 74/22 protection [I] 82/11 ransacked [1] 148/9 I 08/1 108/3 148117 78/22 79/25 106/9 109/1 13 Ill 0 proud [1] 11110 rather [7] 7/8 8/20 8/21 15/1 15/8 possess [27] 27/16 28/1 33/24 150/9 150/22 153110160/21171/2 prove [29] 23/17 23/22 23/22 24/3 15/11 115/21 34/4 34/4 34/6 36/13 36/17 36118 priors (2] 173/25 174/5 24/11 24/12 63/18 63/21 72/1 72/2 ratting [1] 61/2 38/19 39/7 40/19 4114 44/22 47/24 prison [4] 25/1 25/1 26/6 161111 72/5 76/8 76/23 7911 79/23 81125 Reach (1] 132/5
0 48/13 48/18 48/19 49/22 49/23 50/24 54111 13212 145/7 171115 171116 172115 privacy (1] 8/19 private [2] 8/18 112/19 privately (2] 104/23 104/25 90/10 117/3 123/9 123/12 123/15 reached (1] 64/6 124/4 134114 145/7 169/7 169/14 reaction [2] 78/2 89112 169/18 171/7 171/8 read [6] 162/19 162/25 163/22 possessed [6) 24115 38/14 53/23 probable (3] J 18/6 118/6 118/9 proved [3] 110/17 135/7 135/8 164/4 164/6 164/15
0 58/4 144/7 144/16 possessing [18] 29/20 30/4 31/7 31/13 31/20 32/6 32/7 32/19 32/25 probably (27] 1112 12/23 12/24
88113 90/7 115/24 116/5 121/24 proven [13] 23/3 23/4 47/11 70/5 reads [1] 25/23 14110 18/8 18/19 37/2147/8 60/21 76/12 76/13 106/18 125/4 126/22 ready (5] 5/9 5/11 99/1 114/2 127/4 134/23 144/6 147/8 170121 36114 37/22 39/8 40/2 46/21 57/24 122/1 123/21 136/16 137/3 142/12 proves [1] 46/25 real [1()] 13/19 18/6 19112 80111
0 74/23 82/2 147/19 possession [104] 5/6 24/9 24117 24/21 25/3 27/5 27115 28/1 28113 143110 148111 152/4 160/12 165/5 psychologically [1] 9116 165/6 169114 172/9 probation [6) 25/6 25/8 25/21 public [6] 86/1 123/13 123/13 124/5 126/8 127/12 86/19 86/24 87/5 9111 127/21 131/1 reality [1] 92/17 .. ~~1?1 'fJI9?9i1"J. f9~L~ 3_2UQ ______ _25/2<t25/25.1611.14._ -- --- ·--- pull[1]- 65/9- - - . ----·-- -- --· . -- realize-[1]--1113 --- - - - ·
0 33115 33/21 33/23 34/3 34117 35/5 35115 36/9 36/19 37110 39/5 39/21 4119 41121 42/9 42/13 42114 42/21 43/3 4411 44/3 47116 47118 47/20 problem [12] 10/2 10/3 10/4 14/5 punishment [15] 62/22 63/2 63/3 really [15] 60/5 60/23 66/17 67/9 14/6 48/22 80119108/22 117/10 131113 139/1 154/16 64/7 64/8 64/9 64/10 64113 64/20 67/9 82/22 92/6 94/6 100/7 125/20 64/24 65/4 116110160/12 161/8 problems [9] I 00/16 106/6 122/15 161/10 126/11 129/22 135/8 149/9 173/3 reason [16] 7/21 7/22 34/23 34/24
D 48/21 49/12 50/6 50/14 50118 122/18 126/12 130122 131/2 14111 pure [1] 6/8 44110 64/10 67/10 74/9 82120 50/21 52/21 53/1 53/11 53/25 144/18 purpose [3] 89/17 140/lO 155119 84/21 85/23 90116 126/17 138/15 54/14 54/18 55/15 56/5 56110 procedural [1] 167/10 purposes [4] 77/21 78110 154/14 13911 166/6 56115 56/17 56/25 57/1 59/3 60/2 procedure (1] 134/5 167/1 reasonable (25] 23110 23/24 61/11 61/21 62/21 66/6 68/7 68/8 proceed (1] 162/21 purse [13] 30/1 30/2 30/4 35119 63/22 76/11 76/14 90/11 110117 68/19 69/3 6914 6916 69114 70/7 proceedings (9] 1/11 1115 1/18 35/20 35/22 36/6 37/19 39/23 117/3 117/17 118/3 118/8 118/22 70/16 70/20 71/1 71113 _71/15 14/9 25/19 27/1 142/4 175/6 175/9 40/11 131/21132/1 132119 119/23 119/25 12116 123/10 7411181/20110119117/9129/25 pryces~ [3] 5114 17112 17/22 put [21] 10/22 35/22 40/6 40110 124/23 125/4 126/23 127/4 134123 130/2 13017 130/11 130121 130125 Proctor (1] I 05/11 42/19.46/19 56/4 79/22 90/7 135124 145/8 15111 168/4
0 131118 131122 144/16 145/2 145/20146/7146/19 147/4 147/7 147118 148/21 157115 158/10 produce(l] 172111 professor [6] 13115 13/16 15/19 15/22 28/6 29/2 132/19 147/2 148/16 148119 149/15 159/22 163/11 163114 163/15 169/22 169/25 173/6 reasons (4] 86/4 87/2 122/23 137/24 rebuttal (2] 163/14 163/15 158112 158l15 158/19 169/20 promise [17] 74/20 74/20 74/21 recall [1] 106/7 Q 0 171/3 possessions [2] 69/3 145/24 possibility [3] 91/20 122/18 161113 75/1 75/21 80115 87112 87/12 87117 98/9 98/10149110149/15 152/10 156/2 156/4 156/21 qualifies [1] 171121 qualify (1] 26/2 receive [1] 6/3 received (1] 169/21 recent (1] 97/25 recess [3] 114/1 142125 174/9 promising [3) 77/10 77/10 77111 question [34] 6/21 14/25 17/2 17/4 17/10 21119 21121 34/3 34/21 reconstruction [1] 20/6 0 possible (4) 6/9 6/22 34/5 51/3 promotes (1) 90112 possibly [3] 47/17 151/19 157/9 proof [27] 11/19 22119 22/22 23/8 37/9 47/15 48/17 54113 63/18 record [17] Ill 10115 104/7 ' .. Demse C. Phillips, CSR -D- -------------------------
O
n R 1--------------l 160/18 165/18 State v David Duane Greer 11113112 Vol 3 113/14142/23150/515317159/11 45/15 47113 47/18 52/152/153/14 send [1) 65/14 5917 60/17 62121 62/25 63/6 64/12 Sending [1) 52/17 record ... [14) 113/16 113/18 retirement [1) 169/23 70/10 70/12 70/13 72/24 76/8 sense [22] 22/1 25/4 37/6 39/9 D- 142/24 153/9 159123 165/24 return [6] 32111 106/24 108/9 165/25167/1169/1173119173/20 111/1714217156/25 76/22 77/19 80/8 82/1 83/10 83/25 44/15 48/19 64113 64/14 64/25 84/1886/2588/1288/2391/3 66/1869/1070/470/571/574/14 175/7175/9175/11 revocation [I) 170/14 93/18 97/2 97/8 97/17100/10 74/15 82/20 88/17128/17131/22
O recording [I) 160/19 recover [1] 165/3 red (I) 35/20 revolves [1) 39/2 rid (2) 37/4 37/14 right [298) 103/16106/1 109/3 112/6123/6 147/1717317 123/9 123/23 124/3 125/8 129/13 sent [1) 124/13 129/19 134/3 134/15 136/13 144/1 sentence [3) 161/14 169/21171/4 redact[!) 171/2 rights[3)107/21124/17135/15 151/2151/12151/25 153/14 separate[4) 110/24110/25 redacting [I) 171/1 road [1) 163/4 154121 15517 155/9 155/11 155/12 149/11 167/20
0 referring [I) 145/2 reflect [1) 153110 reflects [1) 175/9 Robert [3) 162/8 162/9 162/10 Robertson [I) 115/9 role [2) 113/8 149/12 158/21 170/19 saying [19) 42/8 42/13 46/18 49/11 49/22 69/5 88/16 88/19 Sergeant [2) 95/22 96/2 serious [1) 10/24 seriously [1) 135/19 refrigerator [2) 49/13 49116 room [9) 58/24 60/3 6017 74/3 88/20 88/21 89/1 89/11 106/17 serve [9) 6/16 7/1 7/1 717 7/9 7/24
0 refused (1] 167/2 regard [1) 170/20 regards (1) 72/21 74/6131/17146/8160113 165/16 1381714611147/615117156/17 roommate (10] 58/24 59/18 6112 173117 81/19 13112 131/21 131124 144/5 says [16) 5/8 5/10 37/18 57/17 110/13112/24141111 service [1) 6/10 serving [1) 6/19 Regent [1) 115/7 147/16 148115 65/2 65/8 66/20 8118 82/15 83/18 set [4) 12111 124112 124/12
0 register [1) 72/4 reiterate [1) 94/3 rejected [1) 161/4 roommate's [2) 131120 158/9 roommates [2) 58/23 131/12 row [32] 32/17 34/10 42/3 55/5 85/2 88/16 88/22 134/18 151/11 156/11 SBOT [3] 2/4 2/5 2/10 132/18 setting [1] 112119 settled [1] 139/25 related [1) 109/5 69/20 74/18 74/18 74119 74/19 Scar [1) 52/2 several [1] 16113
0 relationship [I) 15/22 relationships [1) 96/9 relative [1) 1 Ill relay (1] 6/6 75/20 77/9 81/4 8117 81113 87/17 scenario [6] 37/20 61/8 66/1 87/20 90/24 92/22 92/25 93/8 94/17 94/25 95/1 9517 95/8 95/9 129/9 129/11 136/12 136/16 66/12 68/19 151/10 scenarios [2) 77/16 148/5 scene [I] 101/23 sex [2) 72/4 72/6 sexual [1) 78/1 shadow [1) 23/12 share [2] 5114 59/10
D release [4) 24/22 26/13 26/14 142/20 142/22 schedule (1] 18/23 shared [1) 148/16 26115 rule [7] 85/25 122/8 122/11 Scheduling [1) 17/8 shares [1] 91/24 released [1) 162115 152/24 153/1 154/10 167/22 Scheduling-wise [1) 17/8 Sharon [1] 111113 relevant [I] 25/13 rules [5] 133/14 151114 151114 Schlechte [2) 19/25 2116 she [44] 10/16 10/22 31/7 33/2 remain [3] 6/8 32/10 9917 151122 164/20 Schlitter [3) 27/23 27/25 44/24 33/3 33/15 33/20 33/22 33/23 34/3
0 Remaining (1] 162/15 remember [2] 143/25 146/24 remote (1) 48/20 run [2] 136117142/12 running [3) 52/8 53/10 105/16 rush [1] 115/20 school [5] 22/13 22/13 11517 115/9 127116 science [1] 83/7 34/4 37/16 37118 37/21 38/14 38/19 38/19 40/8 40/10 40/11 40/12 40/25 55/9 56/18 6119 6119 removed [1) 62/3 RYAN [13] 2/4 12/2 22/21 23/6 scintilla [2) 118/1 172/11 61110 61/11 61116 61116 61/23
0 render [2) 67/19 105/20 rent [1) 59/20 repetitive [1) 17/21 S 23/22 39/12 63/21 65/8 65/19 70/5 screen [1) 49/18 71117 75/22 83/21 SEAL [1] 175/13 search [6] 166/1016817 168/9 62/1 73/21 93/14 93/18 100/12 100/13 100/14 120123 120/23 121/3 146/8 158/6 158/7 reported [2] 1/18 175/8 168/11 168/11 168/14 she'd [1) 38/14
D reporter [6) 1/22 10/11 10/16 114/15 17514 175/17 REPORTER'S-[4) 1/1175/7 Sadly [1) 36/10 seat [3] 99/5 136/11 162/6 said [40] 16/11 17/14 18/15 18/16 seated [2) 5/3 18/1 24/829/1529/1741/1948/23 seats[1) 125/22 she's [10) 21114 3217 38/1 38/20 56/18 61/10 61/15 61/21 73/23 114/16 17_?!? 1_?_?1_1_!___ -~ _ __ .2!Ll~J419 60llUYJQ 62/ll __ . _ second.[12] 21119.21/20 30/.12 _ - shifting[2]-84/8 89/6- ---
0 represent [1) 9/21 represented (I] 160/3 requested [2] 114/15 175/6 requesting [1) 167/19 63/12 72/10 73/21 82/6 87/2 92/13 45/16 75/20 87/20 91/11 95/1 95/7 shifts [1] 22/23 92/18 94/4105/15110/2110/9 117/18 117/18 122/6122/13 126/19131/15 135/12 135/14 99/6129/11153/12 security [2) 88/18 129/12 shocked [1] 16/11 short [3] 114/1 125/18 142/25 see [41] 10/16 10/2010/21 10/22 shot [4) 69/9 97/23 139/5 139/6
0 require [3) 76/16 76/23 148/2 139/24 140/21144/3 148/4 150/7 31116 53/9 53/24 66/1 89/3 101112 should [18] 9/17 10/6 14/18 18/19 required [7] 23/24 24/3 63/24 151113 153/16 114/12114/24 118/14 118/25 40/8 40/12 48/12 65/4 68/24 78/18 64/2 162119168116 174/6 same [29] 10/3 24113 34/6 34/7 119/1 119/16 121/2 122/15 124/16 85/25 86/9 87/25 87/25 I 10/6 requires (6] 2211187/6 88/22 42/7 50/18 50/18 50/24 50/24 53/1 124/18126/24127/6130/18 114/9114/10140/5 89/4 96/24 149/4 57/1 57/1 59/16 69/21 73/1 73/3 130/20 131118 131/21 132/21 shouldn't [5) 45/6 46113 58/5 reseated [2] 114/5 162/3 75/21 87/20 97/1 98/20 102/19 135/16 137/12 140/20 142/17 114/13 115/24 resisting [1) 101115 103/5 121118 124/9124/12 124/15 154/24 158/6 165/17170/9 17113 show [13] 7/3 15/1015/13 22/17 respect [2) 102/16 103/8 125/3 130/4 132/12 172/3 172/10 173/21 173/24 174/7 84/10 89/7 94/17 115/23 123/4 respective [3] 9/21 11120 175110 Sarah [l] _162/10 s:eelng [1) 61/3 123/5 123/25 132/25 165/16 response [1] 72/14 sat [2) 9/25 132/15 seems [1] 2217 showing (1] 162/14 responsibility [2) 46/8 46/12 satisfy [1) 169/22 seen [2] 52/2 133/16 shows [5] 22/14 22/15 23/8 54/1 responsible (8] 46/21 52/16 53/25 sausage [2) 137/20137/21 select [1] 115/3 133/16 57/24 68/24145/25 146/6147/18 saw [5) 23/13 95112101/11 selected [4] 116/2124/20154/11 Shut [2] 85/2 91120
0 rest [14) 7/618/24 25/6 77/9 81/4 132/14 132/20 90/24 92/22 9517 99/4 9911 I 113113 134/22 142/11 162113 restaurant [I] 149/21 12/22 20/2 27110 28/20 28/24 155/2 say [86] 8119 9/1 10/8 10/13 10/13 selection [4] 5/14 17111 55/14 63/14 29/10 31/1 31119 32/5 32/21 33/20 self[2) 82/12 127/10 shy [1] 13/12 sick [1) 65/14 side [20] 6/25 8/12 8/14 9/20 10/17 11120 14/22 56/15 56/15
0 rests (1] 163/17 34/8 34/9 34/15 35/18 36/8 37/16 self-incriminate (1] 127/10 65/14 88/4 118/24 133/13 133/13 retired [10) 99113 103/22 11114 39/12 40/15 40/23 43/11 44/5 selling [3] 52/18 52/22 53/12 139/11 163/17 164/1 165/10 s 43/18 43/22 45/7 45/9 45/21 45/25 speeding [8] 72/25 73/1 73/3 73/5 stop [12] 97/22 100/15 II8/5 side... [2) 165/21 I73/22 46/5 46/20 46/25 47/6 47/10 47/24 73/6 73/8 73/10 73112 136/20 I64/8 165/2 I66/2 I66/6 side-by-side [1] 56/15 57113 57/23 59/7 65110 65/15 68/6 spells (1] 134/13 I66/8 168/3 168/5 I68/6 sides [10] 9/21 10/25 14121 68/22 68/23 68124 69/14 71/17 spend [3] 94/2 12911 130/3 stopped [2] 105114 106/2 100/25 109/7 133/18 137/10 73/25 77/25 78/3 84/7 84/22 85/5 spent [1] 130/1 store [2] 16/19 137/5
0 140/11 159/4 163/25 sign [1] 88/16 silence [1) 82119 similar [1) 817 85/7 85/23 86/4 87/3 87/25 91/12 split [1] 30/12 94110 94/12 118/23 124/9 144/6 146/15 148/16 158122 · somebody's [3) 81/10 128/1 I spouse (1] 86/14 square [1] 45/23 stage [3] 162/23 162/24 163/2 story [1] 73/3 Stove [1] 120/19 straight [2] 47/22 131/1 I straightforward [1] 172/2 stages [2) 162/22 164/3 strangers (2] 94/6 94/7
0 simple [1) 24/20 148/20 simply [6) 75/23 76/24 79/24 somehow [2) 54/1 98/10 stand [12) 83/23 84/15 84/19 strategic [1] 126/25 80/17 82/1 88/22 someone [8] 6/22 9/7 I 117 37/10 87/24 91/15 91/18 101115 102/13 strategy [1] 12717 since [3] 99/16 126/12 171/10 66/1 66/6 102/22 147/7 127113 128/8 129/4 129/6 street [8] l/23 2/6 2/11 11/15 sing [2) 126/18 127/2 someone's [1) 62/21 standard [3] 119/15 120/2121/18 52/20130/17 130/18 175/18
0 singer [1) 126/1 I singing [1) 126/19 single [2) 133/5 139/22 something [78] 6/22 8/7 8/17 9/17 Standifer [2] 25/17 26/4 16/216/418/1719/11 19/1819/19 standing [3] 10/15 36/24 52/20 27/16 28/2 28/15 28/16 35/5 35/15 standpoint [I] 140/3 streets [2] 118/20 1 I 8/24 stress [1) 164/25 Strickman [1) 33/6 sir [65] I 1/21 12/1 I 14/13 28/19 36/17 39/1 39/5 40/2 40/19 43/2 start [15) 18/3 18/4 75/19 75/22 strike [7] 6/23 7/12 7/21 136/21
0 32/13 34/1841/12 41/15 41/18 43/23 44/22 45/6 46/1 46/21 4 7/24 76/24 80/16 87/4 96/6 96/25 97/15 142/15 153/9 159/14 41122 42/4 65/23 69/20 77/8 80/6 56/8 57/24 62/1 5 62/18 68/6 68/22 128/8 135/18 136/11 163/5 164/7 strikes [6] 8/I 17/25 136/17 8116 81/14 82/25 83/6 90/19 92/24 69/14 70/2 71/13 71125 76/21 77/5 started [2) 113/19 113/23 136/18 136/18 161121 95/1 95/10 95/12 96115 98/18 84/10 86/25 88/8 89/2 89/7 92/5 starting [2) 81/7 81/11 strong [3) 82/22 90/1 141/9
0 99/18 99/25 1 04/19 106123 107/11 94/2 94/4 94/13 94/16 99/23
112/15 I 12/17 112/20 113/24 128/16 130/9 133/15 133/17 starts [1) 5/23
11118 14/19 19/4 22/23 23/19 I I 3/25 114/3 114/20 13114 132/4 133/23 134/21 139/8 139/8 140/7 63/18 76/13 76/22 76/24 78/18 Structural [1) 83/7 109/23 110/1 110/20 112/1 112/2 102117 104/22 120/17 123/2 125/9 state [38] 1/6 2/3 5/4 5/8 5/9 9/16 struggle [1] 90/6 stuck [3) 59/23 82/4 82/6 student [1] 141/13 137111 137/14 137117 142/2 140/8 145/7 146/6 147/19 148/8 79/23 81/11 81/25 84/3 89/3 97/22 stuff[9) 17118 24/21 59/21 60/8 145116 150/12 152/8 152/15 148/18 151/5 151/7 151/11 151/12 101/2 105/9 105/21 120/I3 126/22 117/9122/6135/7 135/10 170/15 152/25 153/3 153/4 154/6 159/24 158/17 159/22 164115 134/10 134/11 134/11 135/20 styled [1) 17 5/7 I 60/5 160/9 160117 160/20 16115 something's [1) 43/1 162/24 163/9 163/12 163/13 subconscious, [2] 150/8 151/8 172/5 173/5 163/22 175/1 175/4 subconsciously [3) 8/9 89/20
0 sometimes [17) 7/18 8/9 77/24 sit[5) 11115 99/17 132114 139/6 110/25 1I8/15 118/16129/7129/7 statement [5) 42/5 84/13 156/9 92113 141121 129/16 133/2 136/21 139/2I 156/14 156/15 submitted [1] I67/5 sits [3) 22/23 72/18 78/13 163/16 164112 164112 164/14 statements [4] 156/8 156/9 163/2 subsequently [1] 161/2 sitting [5) 52/15 53/7 71114 170112 163/3 substance [1) 58/24
0 132113 164/16 situation [10) 2119 58/23 62/2 62/3 86/12 138/20 146/9 148/15 somewhat (1) 88113 somewhere [6) 7/8 17/15 18/5 40/7115/21171/16 states [4) 82110 119/13 120/1 134/11 Station [3) 95/23 95/24 137/5 such [2] 141110 144113 sudden [1) 7411 Suite [2) 1123 2/6 155/1 165/2 son [11] 97/8 97114 100/9 100116 stationed [1) 97/11 sum [1] 164/1
0 situations [2) I7/2 13I/1 0 six (2] 17/5 47/18 sleep [2] 123/25 !241! 101/4 101/5 101/16 101124 102/16 statute [1) 171117 102/19103/12 song [1j 126/19 stay [10) 99/1 I03/2I I13/I2 Sunday [1] 148/9 Super [2) I37/3 137/4 124/20 125/8 125/19 150/2 150/3 Supernaw [l] i26i9 . ~ll<!i!!g_[l)_ 1_15/_19_ -- . _ sons.[3) J00/8-100/20 100/21 .. -153/5-159/8--· - -- • +•. .. - supervision·[?] -26/2H69/9
slinging [I) 52/20 soon (3] I5/4 37/4 I16/I stays [1] 23/1 169/24171/917l/111711I9 slip [1) 110/4 sore [2] I 0/20 70/I4 Ste [1) I75/18 I7112I slope [1) 135/19 sorry [10] 32/14 47113 57/7 62/1 steal [I) 69/6 supply [1] 164/18 Slovak [4) 28/17 36/15 62/24 64/6 66/24 71/9 93/25 97/24 147/10 steals (1] 68/22 supposed [8) 34/25 35/4 35/I 0 smaller (2) 9417 I 30/16 147/22 Steckman [7] 33/7 33/8 40/15 37113 67/2 8I/17 81119 97/8 Smart [1] 5/20 sort[8) 48/7 48/8 116/22 117116 40/16 40/17 40118 81/2 suppression [2) 167/19 168/2 Smith [9) 28/25 29/2 57/5 57/8 130/3 139/4 144/13 151125 stenotype [1) 1/18 sur [1) 163/I5 6I/5 96/15 129/II 132/3 162/9 soul [1] 65/9 step [1 0) 48/2 89/I 89/5 I 05/15 sure [26) 6/210/IO I0/22 36/7 smoke [2] 79/6 I3I/I2 sounds (2) 119/9 I22/9 11I/2 117/I5 I50/2 153/5 159/7 37/11 47/19 50/22 61/4 77115 79/7 society [1] 81/I8 space [I) 148/16 I62/6 81122 81122 84/I6 84/20 87/9 some [49) 6112 8/8 10/4 I6/25 Sparks (3] 12/I5 12/16 13/6 steps [I) 37/14 92116 92/2I 119/II25123 132/18 17/25 27/5 35/21 57/10 70/12 sp~11k [7] 5/14 7l/l8 88/4 90/9 stick [2] 22/5 II6/9 .I40/l0 148/25159/3159/5I6I/l7 70/13 75/23 9I/24 98/25 I07113 93/I5 9511 I 10119 still (32] I8/I7 19/II 26/I9 26/20 I70/3
0 107/ii I 14/7II5/3 I 15/19 120/7 speal<er (1] 86/7 120122 12118 I25/22 126/12 127/22128/25 130/4 131/2 13112 127/12 speaking [4) 9/6 22/8 92/14
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107/25 109/8 109/8 124/5 128/5 suspicion (1] 118/3 42/8 43125 53/24 56/I 0 6615 6817 suspicious [3] 88/13 I25/16 168/5 sworn [2] 122/13 155/3 130/21131112 135/6138/l 140/8 system [7] 6/17 11/4 11112 I 1113
0 !37/24 13911142/13 148/17 150/15 154/4154/9 158/1160/4 164/18 167/10 168118 168/21 170114 17!/9I7l/I9 specialized [I] 173/18 specific [8) 21/24 23/21 24/11 145/25 160119 169110 17119I7119 56/18 67/10 117/18 171120 173/9 6016 79118 120/15 127/23 129/2 stipulate [3) 103/24 104/2 169/11 T table [1] 131/17 specifically [4] 23/17 64/I 0 stole (4] 30/15 134/I8 I34/24
0 somebody [57] 11/2 16/12 I8114 21/10 23112 24/25 35/6 36/25 153/18 160/10 specifics [I] 92/15 135/9 stolen [3] 86/13 86/16 134/22 take [51] 10/12 15/5 15/12 17/3 17113 17/20 18/21 21120 35/9
0 0
Demse C. Phillips, CSR ·------------------------ ------~------------------
n T State v David Duane Greer test [1) 115116 testified [2) 128/2 150/24 11/13112 Vol 3 133/23 134/18 136/1 136/6 136/21 138/19 138119 140/10 141/5 there's [45) 7/19 14/11 16112 18/9 25/6 36/23 39/19 39/20 47118 60/8 take ... [42) 35/11 35/21 36/2 testifies [3) 134/20 134/21 134/21 144110 147/11 149/3 149/3 149/9 6119 63/8 65/20 67110 68/16 72114 D- 37/14 45/2146/8 46/12 46/14 48/2 52/19 56/5 67/8 67/18 70/14 8911 testify [44) 82/17 83/9 83/19 84/8 84/22 86/4 86/24 87/3 87/8 87/18 149/14 151/16 152/15 156/14 160/15 161/20 163/2 163/21 165/8 77118 78/7 79/6 79/21 79/21 79/24 80/17 81/10 86/3 87/2 88/16 89/11 8911 89/5 99/5 99/11 99/19 103/18 88/25 89/15 89/16 92/4 96/6 167/16 170/17 171/1 171/23 173/2 91114 94/15 100/6 116/23 122/24 111/3 113113 113/22 115/11 107/23 111/7 126/5 126/15 126/16 173/17 123/2 127/20 131/5 145/6151/11 119117 122/13 124113 128/7 126/18 126/21 127/1 127/21 the decision [I] 109117 156/17 16017 167/9 168113 169/17 130/10 13314 135/19 142112 137/23 137/25 138/4 138113 their [43) 5/20 8/18 9/2I 11/20 170/23 I71/14 142/16 I44!1 164/8 164/19 164/22 l39/l9150/8-150/20 150/21 151/2 39/15 39/1640/2 40/340/2040/20 therefore [2) 481:23 153/22 165/19 169/18 173/9 173/9 151/17 152/10 152118 152/23 4111 43/19 43/19 46/1 46/2 58/24 these [20) 6/11 8/1 11111 24/10 taken [I) 67/10 154/13 155/8 155/18 156/3 156/13 59/19 65/11 66/5 6616 76/22 84/24 24/10 27/5 29113 63/21 64/2 76/8 takes [5) 37/18 124/21 125/8 156/19174/4 100/14 126/22 127/4 131/11132/1 87/1 99/1 120/11 124/16 127/22 128/20 129/6 testifying [4) 9/13 85/2 128/8 132/1 133/3 134/19 142/15 144115 127/24 13118 152/1 162/19 164/4 taking [1) 38/8 151110 144/16 149/6 163/1 163/3 163/10 they [160) 5/22 617 6/13 6115 6/15
0 talk [53] 8/20 8/21 8/23 9/2 9/2 14/22 17/1417/16 17/25 20/23 23114 23/15 27/4 39/11 45/4 46119 testimony [4] 129/19 139/18 151118 168/8 TEXAS [22) l/6 1/7 l/17 1/22 163/17 164/1 164/1 166/5 168116 168/25 theirs [3) 17/19 46/22 47/3 6/21 6/23 7/11 7/12 7/12 7/21 7/22 8/12 8115 8/17 8/18 9/20 9/21 I 0/7 11119 17/18 18/15 23/12 23/20 71/12 71/20 76/6 85/16 86/l 87/2I l/23 2/7 2/I2 5/4 5/8 23/20 24/I 8 them [45) IO/IO 22/I9 42/19 25/I 25/3 25/24 32/5 37/I2 37/13
0 89/13 94/1 94/16 9411 8 94/23 95/5 95/6 96/13 99/2 99/16 I 01122 102112116114117/13118/512711 29114 96/19 115/6 134/11 134/12 163/22175/1 175/4 175/16 175/18 175/19 43/19 4611 47/25 53/24 53/25 53/25 55/14 57/12 58/4 58/4 58/5 59/10 59/10 59111 60/2 66/4 66110 37/13 37/13 37/14 39/21 39/21 41/22 43/17 46/22 47/2 47/2 47/3 54/1 57114 57/15 57/24 59/7 59/8 127/18 127119129/24 130/5 133/7 than [24) 8114 22/15 46/10 50/17 76/23 82/I9 84/25 91/20 96/6 9617 5919 6012 60/3 62/16 63/23 65111
0 134/2 136/8139123 139/23 140/8 142/13 142/17 143/15 157/8 159113 50/23 51110 51/18 59/23 85/22 9617 96/8 97/16 lJ 4/12 119/11 124/3 I3116 137/9139/2 15111 96/10 102/12 103/7 105/5 I05/20 1I4/4114/8118/23 121/10 12IIl1 I26/6 138/18 141/4 147/9 149/6 65/11 65/18 66/2 66/3 66/4 68/7 69/14 69/24 69/25 70/6 70/6 70/7 78/8 82/16 82/18 84/7 84119 85/23 86/15 86116 97/2 97 /I7 100/13 talked [14) 1011 57/11 84/3 86/2 I53116 164/14 I7l/10 I7l/I6 162/2 166/7 168/13 I68/14
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0- 147/12147/17 149/4 150119 Tarleton [1) I 05/9 tase[1]102/11 156/7 157/2 157113 159/10 162/14 162/16 thanks [2) 30/22 154/3 130115 133/4 133/15 134/22 136/11 137/4 137/5 137/6 138/13 138/20 139/6 140/4 142/14 142/I6 134/13 134/17 134/17 134/19 134119 134/22 134/23 135/5 135/7 135/7 135/15 136118 139/5 139/23 tased [2) 100/17 101/4 that [960) 143115 145/9 145112 146/20 140/25 144/7 144/7 144114 144/16 TDC [1) 161/3 That'll [1) 159/20 148/10 158/9 160/24 161/8 161/10 145/7 145/12 145/25 14717 149/5 teach [4) 28/8 29/5 83/6 134/5 that's [163) 7/4 7/10 7/21 7/22 163/1163/ll 163113 163/14 149/5 158/22 163/5 163/6 163/10 teacher [1) 137113 10/14 14/7 14/8 15/15 15/23 17/4 163/24 164/9 167/16 168/7 163/13 163/15 I 64/14 166/4 166/8 _ !t;s_~cl!lities_[JLJ~4/JJJ5/14 _____ _17/U J 8/23.22!1 0.22/1 D-22/15 --- theory-[l)-122/.10-- ----- --·· --- -166/19 166/2-1-166/23--167/4 167/5 · 135115 22/15 23/13 24/16 24/16 25/10 there [108] 6/3 6/20 12/10 15/21 168/13 168/25 172/25 technicality [2) 135/5 135/9 25117 28/24 3!/25 32/2 34/14 17/1 17115 18/6 18/24 21/8 3!/19 they'll [1) 6/23 technically [2] 62/20 66/6 38/11 39/1 39/4 39/4 39/16 40/3 32/7 35/20 35/21 35/23 36/24 they're [31] 6112 6/18 8/3 8/4 teenager [1) 105/8 43/24 45/7 45/8 45114 45/25 47/24 38/23 40/10 53/10 57118 58115 8/18 9/19 2511 25/2 41/9 41/20 Telephone [3) 2/7 2/12 175/19 0 48/8 48/21 5112 54/13 54/24 56/24 58116 58/25 60/9 60112 60/12 41/20 41/24 42/7 42/8 42110 42114 television [1) 123/23 57/16 59/6 59/11 61/7 65/3 65118 61/11 63113 65/2 65/6 66/14 71/14 42/20 54/1 56115 57114 74/1 74/13 tell [32) 6/20 9/17 I 0/6 21/22 66/11 66/16 66/16 66/17 6711 67/2 71/14 75/19 77/1 77114 77/20 78/4 91124 118/I 9 127121 128117 25/20 33/1 35/2 52/6 7611 82/9 67/9 67113 69/5 70/1 70/4 70117 77/20 79/6 79121 79/22 81/7 81/8 131/12 135/16 167/12 168/16 83/21 91114 91/20 99/16 99/24 70/20 71/16 71/16 72/13 73/20 83/23 86/24 90/11 93/13 94/16 they've [3) 76/11 76112 78/4
0 100/24 104/11 115/l 122/25 127/2 128/5 128/20 I29/4 129/6 129/10 129/14 138/18 145/18 152/24 73/23 74/11 76/2 76/6 77/21 78/4 79/6 79/11 79/11 79/12 79/12 79/18 7_9/19 81/4_Q 81!23 82/3 95/9 95/13 96/20 96/22 97113 99/17 100/15 101123 104/22 113/7 114/9 114/10 115/21 116/1 0 thing [23j I 0/6 21/22 34/6 50118 50/24 60/22 67/4 67/17 67/25 72/16 73/1 94/1 I 0115 I 02/22 156/16161/23 171/5 83/18 83/24 84/20 86118 8811 116/12 116113 120/I6 122110 122/21 131/16 139/25 14118 146/4
0 telling [6) 84/9 89/6 91/8 128/11 128/16 128/18 ten [10) 25/2136/18 136/18 88/15 88/20 88/25 89/4 92117 92/21 93/17 93119 I 00/4 100/16 103/14 104/6 108/2 108/10 110/21 124121 125/8 125/19 125/24 126116 126/17 127118 129/5 132/7 132/20 132/23 133/5 136/5 136/20 148/24151/16167/11 17!/6 things [27) 8113 23/22 24/11 29/16 39/11 44/3 44/14 44/15 136/18 136/18 142116 159/19 111/10 112/23 113/ll ll5/7 137/3 137/3 137118 138110 138/25 49112 49/13 51119 52/8 67/9 76/2
0 159/21 161114 164/13 ten-minute [1) 142/16 tend [I) 91/7 tendency [1) !07/22 116/24 117/I 117/8 117/23 118/2 118/3 118/4 118/4 119/3 ll9115 119/16 119/16 119/20 120/12 141/5 141112 142/14 145/3 146/16 148/5 149/23 150118 151/4 151/17 151117 153112 158/24 160/22 76/3 7811 89/12 115119 115/20 117/21118/5120/11130/4138/10 164/16 168/3 170/14 121111 121/13 122/8 123/8 123/22 16113 161113 162/22 164/20 think [168) 7/16 10/7 1112 ]4110
0 terminated [2) 36/20 39/6 terms [4) 22/8 22/9 22/9 66117 125/7 125115 126119 127117 127123 129114 131/9 133/8 133/9 167/10 168/14 168115 168/18 171/25 172/12 18/8 18110 21114 21/25 22/5 27/20 2811 28/13 28/19 28/21 29/8 31115
.. Demse C. Phillips, CSR J State v David Duane Greer 19/4 19/6 73/5 73/9 116/5 165/6 11113112 Vol 3 66/1 100/8 100/22 108/25 114/17 102/15 102/25 103/3 106/5 108112 T ticket (9] 72/25 73/2 73/4 73/5 truck [10] 41/8 41110 42/7 43/22 108/24 109/10 110/8 110/10 think. .. [152] 31/24 31125 32/2 73/9 73/10 124/10 124112 124114 43/23 56/9 68/23 105116 14611 110/22 116/23 116/25 11711117/9 3213 32/5 32/8 32118 32/23 32/24 tickets [2] 18115 18/25 166113 130/6 133/23 138/6 140/4 144112 33/5 33/9 33/19 34/4 34/5 34/10 time [45) 6/7 717 I 0/19 11/8 1118 true [11] 47/7 67/19 79119 85/20 144/20 145/18 145/22 145/23 34/11 34/15 34/16 34/19 36/8 12/22 16117 25/3 34/7 39/6 47116 119/19119/21122/2144/8 161/10 148/1 151113 151/22 155/4 156/12 36/25 37/213811 38/1 38/7 38/12 50118 50/24 53/24 57/1 60/22 173/2 175/5 160/6 16116 161111 168/20 170/7 38113 38/18 38/22 38/25 39/21 64/16 66/2 66/16 67/3 86/14 87115 truly [2) 86/8 175/9 understanding [1] 158/14 4011 40/5 4017 40/12 40/14 40/18 94/3 98/17 102110102/13 102114 trumps [1] 57/18 Unduly [1) 170/6 41/6 41/2342/242!18 42!19.42/23 --103/2 105/17 106/2 1-1om 1-1M !5 truth-[9]-128/5-128/H 128/16 - unfair [1)- 105/21 43113 43/20 44/20 45/3 45/25 120/22 124/12 126/ll 129/1 13011 128/18 128/20 129/4 129/6 129/10 unfortunately [1) 155/24 46/20 47/14 4 7/22 47/23 50123 130/3 133/2 139/15 141/5152/23 129/14 United (2) 82/10 119/13 51/7 53/12 54/5 54/9 56/2 56/12 160/4 166/4 168/22 truthfully [1] 76/5 University [3] 105/9 115/6 115/7 56114 56/2457/4 57/13 57/15 timely [1) 167/18 try [12] 7/17 10/17 18/7 77/24 unlawful [5] 5/5 24/9 24/17 57/23 58/1059/5 59/14 61/5 61119 times (2] 91/14 163/17 9114 102/12 123/7 133/20 154/22 172/17 172/17 61120 62/7 62/13 62121 63/6 6317 timing [1) 125/17 164/1 172/7 172/9 unless [12] 39/15 43/18 46/1 65/2 65/3 65/3 67/22 68/15 71/16 tire [1] 158/22 trying (13) 6/13 10/12 12/4 72/8 46/21 46/22 48/20 57/14 65/10 71116 77/6 80/1 80/3 81115 84/21 title [1] 5/6 72/11109/6 122/22 126/14132/21 65/19 66/20 78/24 144/6 8513 85/9 85/19 87/25 88/24 90/5 titled [1] 1/15 135/11 139/15 144/1155113 until [8] 18/19 23/2 23/4 33/3 1 90110 90/14 91/6 91/23 92110 today [16] 6/2 11/17 17/12 17112 Tuesday [5] 12/1 18/19 73/1 97/2 106/17 129/18 164/8 .u. 92118 9315 96/4 97/18 101/1 102/5 17/23 18/2 30/2 41111 49/7 50112 73/14 148/10 up [84] 5/20 5/22 5/25 7/17 7/23 102/8 I 02111 102/21 105/22 100/1 104/19 116/1 143/19 154/2 turn [9) 5115 5/17 11/12 11118 8/17 8/22 10/7 10/11 10113 10/18 I 05/25 10611 5 I 09/5 I 09/19 157/22 22/16 60/17 86/17 162/18 164114 11/14 12/8 12110 13/714/2 16/10 116/22 120/1 121119 125/20 127/4 together [1] 90/7 turned [2) 14/19 121/1 17/18 22/3 23/12 25116 25/18 27/7 127/20 128119 128/25 130/2 131/1 told [4] 6611 72/17 101/14 146/24 Turner [1] 12/4 34/19 35113 45/22 45/23 52/8 13111 135112 135/13 137/9 137/22 Tom [1] 13/25 TV (13] 22/14 22/16 22116 23/13 52/10 5317 55114 67/16 67/17 70/9 138/3 139/14 139/17 140/1 142/14 tomorrow [5] 18/3 18/9 19/1 48/9 48113 49/3 49/4 49/13 50/5 72/8 73/7 73/12 83/23 85/2 85/13 148/23 150/18 154/7 156/16 165/6 165116 50114 133116 139/5 85114 85/20 86/17 87/24 91/20 158116 158/18 159/12 165/21 tonight [1] 170/20 Tweet [1] 6/1 93/13 93/15 99/6 9911999120 167/16 168/24 169/3 169112 170/1 too (9] 7/10 20/25 21/2 60/2 67/23 twentieth (1] 124/8 104/23 112/15 112119 114/16 170/13 170/17 172/1 172/14 17317 91113 llO/ll 122/12 171114 twice [2] 139/12 139/12 114117115119.116/18117/19 173/25 took [3) 56110 67/4 124/14 two (25] 5/23 7/4 15/20 18/13 122/23 124/1 ,]26/21 127/13 thinking (15] 35/2 35/3 58/21 tools [12] 41/8 41116 41120 41125 24114 34/5 40/11 44/3 44114 44/15 127/18 130/20 132113 132/18 . 71/15 79/10 87/23 88/11 93/4 42/7 43/21 56/8 68/19 68/19 68/21 50117 50/17 86/20 86/23 90/7 133/4 136/9 138/18 139/17 139/20 110/19141125 151/19153115 6915 146/1 105/12 135/12 139/18 143/11 141122 147/17159/25 162/6 154/20 154/22 155/7 top [3] 52/15 90/12 162/20 156/9 163/16 164/12 164/12 162/14 162/18 164/1 165/19 thinks [I) 39/20 total [1] 175111 170/23 171/2 166/22 169/15 169117 169/18 third [3] 45/15 95/8 163/8 totally [1] 93/14 type [8] 13/17 20/4 78/11 78/12 169/19 this [185] touch [2] 8/13 9/22 131/9 150/22 166/19 171/19 upon [2] 8/6 112/12 those [44] 8/8 8/8 8/9 15/3 23/7 touching (3] 32/6 53/8 53/23 ltvoes fll 66/14 upset [1) 102/2 2611 29/16 36111 41/19 41/25 upstairs (2] 135/11 139/16 towards (1] 21112 42114 4416 44114 44/15 47/6 54/2 town (5] 105/10 123/8 123/18 u urging [1) 168/25 55/13 61112 68/21 74/12 76/2 123/18 123/24 Uh [21] 13/23 29/19 29/25 30/25 us [25] 8/6 8/23 9/10 17/24 22/11 76115 77/15 9i/24 99/7 105/19 -- traffic[3j_J24/10 124/1.1.166/2 --- -35/25_43/5_44/16 46/6 64/4-69/11- - -501-19 72/8 80116 86/2-5-99/2-99/24 . 11i1J flT4T!2T14724119/2___ transcription [1) 175/5 70/18 7114 73/22 74116 95/25 100/25 103/21 105/15 112/19 123/24 134/13 135/13 135114 transferred [1) 144/15 13114 141115 146/18 147/1 148/3 113/12122/25 123/9148/8 150/2 142/14 146/20 164/3 164/13 traveling [2) 172/21 172/25 154/15 150/3 153/6159/8 162/13 17111 164/16 164121 166/8 167/1 167/2 Travis [1) 1/16 Uh-huh [21) 13/23 29/19 29/25 use [16) 7/22 14/11 50/1 50/4 55/4 171/1 treat (5] 96/7 97/1 97/1 103/5 30/25 35/25 43/5 44116 46/6 64/4 59/6 59/8 60/2 77/23 98/10 98/12 though [12) 36112 41/20 42/14 103/7 69/11 70/18 71/4 73/22 74/16 117/14 131113 133/1149/5 164/21 57/1176/1981/23 82/7116112 treated (3) 10115 I 01124 113/2 95/25 13114 141/15 146118 147/1 used [9) 811 16117 21110 59/8 79/2 131/24 144/13 145/23 173/15 trial(37) 113 5/23 18/4 18/12 148/3 154/15 85/24 85/25 132/23 14115 thought [9) 39/23 59/18 59/24 18/14 19/11 24113 63/13 64117 ultimate (1) 138/11 uses [2) 68/23 13411 0 72/12 95/12 101115 103/2 111121 64/17 71121 72/1 72/5 73/9 73/10 ultimately [3] 89/11 91/25 103/3 using (4) 59111 60116 61110 66120 120117 82/15 93/14 101110 101/17106111 unable [1) 8/14 usually [7) 6116 17119 17/19 18/4 threatened [2] 101/8 10212 116/3118/12118/18127/21 unc()mfortable [3) 16/4 59117 23111 164111164112 three [12) 7/4 34/6 63/13 93/22 139/19 139/20 155/25 160/23 127/15 100/8 100/19 105/3 105119 143/11 162/23 163/8 163/19 164/3 164/20 under [28) 26/4 26/12 28/3 28/5 v 156/8 163/17 164/12 164/22 165/3 165/5 170/13 36/11 41124 47/6 53/2 53/13 55/23 vacant [2) 114112 114113 through [25) 7/20 15/2 15/2 15/6 trials (5] 13/22 83117 125/10 60/2 62/15 71/18 74/12 76115 variables (1] 60/9 15/9 15/9 17/22 23/20 40/11 162/21164/17 78/25 82/18 99/4 119113 132/5 VCR [2] 134/18 134/24 105110105/11 107/21 125/21 trick [2) 23112 48/17 132115 132/20 150/8 151112 vehicle [11) 41120 42/11 42/14 134/6 136/12139/19 142/1 142/5 _tricky (1] 77/16 156/15 160/1 164/24 170/3 42/20 42/20 43/1 118/5 133/1 142/8 143/12159/15 159/16 tried [3) 86/19 126/8 139/10 understand [52) 1113 13/5 46111 133/3 166/3 166/4 162/21 165/9169/19 trigger [1) 65/10 60/25 61/3 65/16 65116 76/16 venire [6) 5/3 99/13 114/5 142/23 throw [1) 34/1 trip (2) 19/21 157/10 76/20 7717 77/8 77/8 78/5 79/4 162/3 162/15 Thursday [9] 18/10 18/15 18/17 trouble [9) 40/8 40/13 60/1 6112 82/8 87/6 96/24 I 02/4 102/7 VENIREPERSON (528)
-- .. Demse C. Phllhps, CSR J V State v David Duane Greer Washington (2] 97/12 97/13 11113112 Vol 3 170/19 172/9 172/14 173/1 I 12/11 15/3 20/7 22/18 23/4 32/15 1 - - - - - - - - - - - - l w a s n ' t [5] 12/1 45112 47/3 73/19 173/14 39/19 43/16 47/17 53/8 53/22 }- . .. ' Venirepersons [1] 142/8 verdict [I2] 23/25 24/4 63/24 64/5 67/19117/5 I 17/24 I 18112 132/19 watch [3] 22/14 22/15 23/7 watched (I] 101/9 Welsh [12] 38/23 38/23 59/15 61/6 65/12 66/19 66/23 131/1 143/16 143/18 143/23 158/6 55/13 57/17 57/19 59/24 61/18 62/10 66/1 66/3 66/22 72/9 72/12 85/23 85/24 95121 95122 97/8 123/14 124/5 125/15 135/1 Watson [8] 69119 70/9 70/13 71/6 went [11] 39/24 40/1 I 86/15 97/21 98/11 98/12 I 15/21 I 16/1 I
l verdicts [2] 119/12 125/11 versus [1] 148/24 very [43] 7/9 10/24 14/14 16/23 81/14 95/10 112/13 I 12116 way [49] 6/14 7/19 21/1 I 23/20 25/22 39/18 39/19 39/20 43/16 18122 2011921/4 21/13 22/8 28/21.53/7 56/24 57/17 5711-9 58/23 101/16 115/6 115/6 116/22 132/15 137/6 137/19 167/6 were [62] 9/7 9/8 9/16 I III 1116 17/1818/1219/1-119/12 19/19 116/13 120/16 120/24 123/24 126/10 128/4 128/9 128/10 128/12 129/3 129/5 132/23 157/10 157110 -166/14
~ 30/13 42/1 66/16 67/4 67/16 68/16 60/10 61/3 62/5 62/10 62/12 65/17 28/6 34/19 3717 45/9 47/9 47/10 who's [5] 55/19 72/1 91/12123/18 76/3 76/3 77/19 77/19 77/22 80/2 65/20 66/22 71/22 75/20 81/8 47/13 59/25 65/5 65/7 68/5 72/9 129/5 82/14 83/16 91/4 91/6 91/17 91/23 83/24 84/21 97/1 98/12 100/8 72/11 73/1 73/3 73/5 73/6 73/8 whoever [1] 136/11 93/8 98/18 99112 106/2 106/24 105/21 108/5 110/13 I 16/22 77/20 77/20 79/1 101/24 102/8 whole [6] 60/5 60/6 94/3 122/21 111/20115/18116/3117/22 120/25122119126/1126/3129/2 105/5109/5109/5113/1113/17 130/3136/16
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u. 1 - - - - - - - - - - - - - l Il7/19 120/6 120/8 120/10 128/10 wait [3] 35/11 99/14129/18 133/8 133/9 134/6 136/1136/6 107/25 124/22 146/1 152113 153117 165/3 64/24 70/5 75/22 83/17 85114 89115 92/2 92/13 106/1 108/6 waiting [1] 86/17 139/7 141/8 142/1 I 143/8 14311 I whatnot [1] 133/I6 122/7 133/10 138/8 138/9 138/9 \) wal'e [1] I24/1 I43/12 147112 149/4 157/8 I59/2 whatsoever [6] 74/13 82/20 89/17 138/10141/6 142/14142/15 Wal [I] 136/25 159112159/15165/21 169/3 110/17154/20155/8 143/21144/22144/23 150/15 J ·' Wal-Mart [I] 136125 169/18 169/21 173/25 174/5 when [37] 9/24 10/13 15/18 17/I5 I51/8 I52/11 I52/I8 I52/22 155/2 walked [3] 30/14 40/IO 72/7 we've (19] 5/18 7/15 70/10 95/13 23/2 37/12 37/13 37/16 39/1 39/20 155/3 155117156/4 156/6 157/8 walks [I] 43/22 114/6 I 14/7 I 14/14 I 15115 125/14 67/3 72/7 77/18 84/3 85/15 86/2 164/18 165/5 165/8 166/25 168/10 lu want [73] 6/13 6/15 7/1 7/1 9/25 128/25 129/22 136/19 139/1 86/12 90/7 91/19 99/5 I05/6 105/8 170/3 170/19 171/2 171/3 175/12 II/12 14125 30/18 35/9 35/11 141/13 143/7 !57/I I !62/23 133/2 137/3 139/6 146/24 I47/17 Wiii's [2] 30/I4 45/13 37/24 45/2146/7 46/18 59/2I 170113 173/15 150/9 150/18 154/8 158/4 160/13 willfully [I] 130/10 60117 60/24 61/1 64/19 82/17 . _w~eapon..[l)._ 172/18 _______ _______ _161/22_16315-166/.10..168/22 ... -- --· WILLIAM [1]-2/5- -- ---- --- · -- -- - 837:23'847i2887249I7ff937i2 Wednesday (4] 18/20 73/3 73/14 172121 willingly [1] 147/3 J 93/14 94/1 94/3 94/9 100/24 I I 6/4 104/11 107122 109/6109/7111/25 week (9] 12/5 18/1318/1618/16 whenever [3] 38/25 107/20 167/22 wind [2] 67/16 67/17 wise [2] 17/8 36/7 liS/I 115/19117113117/15 18/17 86/17 86/20139/20165/9 where (30] 10/16 38/23 44/2 wisest[2] I38/4 138/7 I 18/21 I 18/23 I 18/24 119/1 week-long (I] 139/20 59/21 61/9 66/1 66/4 71/24 77/16 within [9] 24/22 25/3 26/23 28/21 122/23 122/24 124/20 125/13 weeks (4) 17/6 18/13 40/11 16113 77/25 79/5 86/12 86/20 90/5 91/14 169/8 169/23 169/23 171/13 u 125/18 125119 125/23 126/5 weight [2] 119/6 119/8 97/10 105/II 130/16 132/14 171/18 127113 127117 129/24131/7 welcome [I) 164/22 136/19 138/20 138/20146/3 148/6 without [4] 22/16 40/7 90/10 133/25135/22 135/23 135/25 well (SI] 17/5 20123 25/6 25/7 148/15 148/17 148/19 155/1 1~2/16 136/8137125 138/19139/23 140/9 25/14 25/22 28/20 29/3 34/20 36/7 162/24 166/1 I witness (12] 6/3 83/23 85/11 96/5 J 140/9 140/10 146/5 146/15 153/9 37/8 37/9 37/25 38/9 38/13 43/21 where's [I] 27/5 96/8 97/15 97/16 103/6 128/1 155/1 161/18 I64/15 168121 44/2 45/23 46/9 46/11 4§113 47/14 wheJher (15] 3_9/9 5_616 56/18 128/2 129/4 175113 wanted [14] 99/24 100/4 102113 481:3 48/16 49/iO 50/19 56/8 59119 71/23 74/13 81118 105/2 109/14 witnesses [6] 127119 127/20 I 03/16 104/22 112/18 112/20 59/20 62/24 63/7 66/4 72/5 73/12 124/10 128/10 I 28/15 141/6 134/19 163/10 163/14 163/16 J I 12/22 121112 126/25 143/2.157/5 76/1 77/1 77/13 77/19 78/3 78/24 158/21 159/3 79/18 79119 82/1 85/24 86114 148/20 150/23 169/11 which (13] 7/21 9/6 18/16 26/6 won't (6] 109/4 128/25 136/5 136/17 143/10 165/7 wanting [3] 46/12 102/1 I 137/23 86/15 89/13 89/19 95/21 97/24 26/17 60/21 106/2 107/4 130/25 wonder [4] 72/13 88/24 121/5 WARD (2] 2/5 12/5 101/7 102/10 105/1 I 10/5 I 13/18 139/22 162/21 169/21 175/7 132/14 warrant [1] 168/13 114/23 I 15/20 I 16/16 I 19/20 whichever (2] 24/23 171/19 wonderful [1] 128/21 warrants [9] 166/5 I 66/5 I 66/8 I 32/I 3 136/20 140/3 140/4 I 4 Ill while (6] 5115 6/6 26/24 35/22 wondering [2] 1711 69/24 166/18 166120 167/1 167/13 141/21 144/8 144/22 145/22 59/17 128/10 word (6] 28/1 28/14 39/21 83/10 167/14 167/15 146/1 I 147/1 I 149/22 151/11 white [1] 123/23 163/22 163/22 was [I85] 151/16157/25158/16158/24 wlio [52] 5/20 6/13 9/711/211/7 word-for-word [I] 163/22 J State v David Duane Greer 11/13112 98/18 112121 II2/22 Il3/22 II4/6 younger (1] I05/6 Vol 3
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~ ···" .. Demse C. Phillips, CSR Court of Appeals No: 10-13-00049-CR ~ 0 11 JURY TRIAL
0. '.1
0 : .-..;._:., 14 On the 14th day of November, 20~2, the following
15 · proceedings carne on to be held in Jr,he above-titled and 0 16 :;' numbered cau~e before ~he Honorabi~ Travis B. Bryan, III,
·'] 17 Judge ... - - '\" .. --- ..... -
Presi~ing, held in Bryan, Brazos County, Texas.
18 Proceedings reported by cqthputerized stenotype
19 machine.
20 ',.
22 Denise C. Phill$~~' Texas CSR #6482 Official Court Report~:r - 2'72nd District. Court 23 3 0 0 East 26th s;t,reet, Suite 2 04 Bryan, ~e~as 77803 24 . 9·7 9 : 361- 4 2 2 1 CERTIFIED TRANSCRiPT DENISE C.PHILLIPS, CSR .OFFICIAL COURT REPORTER :_~·-·-··------ -------:-------·-------~--·-:2'7 :2-N-J?-::-r>-r-s TR-I-CT-COURT-·-:--· --:---- ~---------- -·----·--·-·----------·--·
] 2 l 3 ATTORNEY(S) FOR STATE: l 4 RYAN CHARLES CALVERT SBOT NO. 24036308 WILLIAM LEE WARD SBOT NO. 24077302 1 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, texas 77803 1 8 Telephone: 979-361-4320
9 ATTORNEY(S) FOR DEFENDANT: J 10 EARL R. GRAY
~ 11 SBOT: 24007265 Gray, Granberry & Jones 103 N. Main Street
~ 12 Bryan, Texas 77803-3235 Telephone: 979-822-4759 '~~- J ' \ i
'- J 16 r 17
I 25
DENISE C.PHILLIPS, CSR I~----- / OFFICIAL COURT REPORTER - - ·-I-----------------------.Z-9.Z-ND-B-I-8TR-I-eT-COURT--------------- ------------------- Witness sworn Discussion with Defendant Jury seated
Jury sworn 22 0 6 Indictment presented Defendant's plea 7 Opening Statement by Mr. Calvert 22 D 8 Witness sworn 26
STATE'S WITNESSES: 0 9
TERRY YOUNG:
0 11 Direct Examination By Mr. Calvert Cross-Examination By Mr. Gray Redirect Examination By Mr. Calvert
Recross-Examination By Mr. Gray 74 0 12
13 Jury retired 76 Short recess 76 0 •.
Direct Examination By Mr. Ward Cross-Examination By Mr. Gray Redirect Examination By Mr. Ward
0 19 Recross-Examination By Mr. Gray
Witness sworn
0 21 LAKETH McKINNEY:
Direct Examination By Mr. Calvert 95 ~ 22 Cross-Examination By Mr. Gray 97
23 State rests 100
0 24 Jury retired Defendant's Motion to Suppress Court's ruling 112
0 25
DENISE c. PHILLIPS :;C~R I
n.• OFFICIAL COURT REPORTER . -bd-····---- -·--- -----------·-------------2-7-2-ND-D-I-ST-R-I-G-'I'--GGUR-'I'-------·--·--···----- ------·--·--·-----
D n 4 0 6 MONISHIA RENE CAMPBELL:
7 Direct Examination By Mr. Gray 112 D 8 Cross-Examination By Mr. Calvert Redirect Examination By Mr. Gray
0 9 Defendant rests 142
10 STATE'S REBUTTAL WITNESSES: 0 11 RICARDO LEDESMA:
0 12
13 Direct Examination By Mr. Ward Cross-Examination By Mr. Gray Redirect Examination By Mr. Ward
0 ~}
14 Jury retired Noon recess,
15 Jury seated 154 0 16 TERRY YOUNG:
0 17 Direct Examination By Mr. Calvert Cross-Exami.nation By.Mr. Gray
0 19 Witness sworn
JASON WARE: 20 0 21 Direct Examination By Mr. Calvert Cross-Examination By Mr. Gray
0 22 State closes Defendant rests and closes 23 Jury retired · 160 0 24 Objections to Charge Jury seated
Charge read 162 0 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ll--- ··· ··-·-----·-- -------,---·---·~---------·-------~-7-2NB·-B±Sl!'R:EGT-G01JR-T---------- ------------------ --------- ~----
0 6 Jury retired for deliberations Jury request to view video Jury continued deliberations 7 Jury seated 183 0 8 Verdict Jury retired and released
Evening recess 185 0 9 Reporter's Certificate 186
10 0 11 ALPHABETICAL INDEX
0 12
13 Campbell, Monishia Rene Direct Cross V.Dire 0 j' 14 Ledesma, Ricardo 87 rs- 9"3 0 16 · Ledesma, Ricardo 144 147 --150--
0 17 McKinney, Laketh 95 97 18
0 19 Young, Terry 26
0 20
21 Young, Terry
Ware, Jason
0 22
23 0 24
0 25
DENISE C.PHILLIPS, CSR )l··· . OFFICIAL COURT REPORTER t;\-------------- ---------------·---------·---------2-72-ND--DI-STRreT--COURT------------·--------- -------·--------- 0 6 ADMITTED 0 6 2 3 3 Arrest Warrant Video Video
7 4 Photograph 48 48 0 8 5 6 Photograph Photograph 7 Photograph 48 48 0 9 8 9 Photograph Photograph 10 10 Leather jacket 41 41
0 11 11 12 Weapon Bullets from weapon
14 Stipulation 20 22
0 12
13 14 15 16 Stipulation Inventory form Inventory Search Policy
D) 14
15 0 16
0 17 0 19
0 20 0 22
23 0 24
D 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER _Q ________ ------------- --------=~-7-2NB--B~-STR-I-eT-e0URT------- -----11-----~-----
P R 0 C E E D I N G S
November 14, 2012 8 3 THE COURT: Good morning.
0 4
MR. WARD:
MR. GRAY: Good morning, Judge.
Judge, we think we're going to
0 6 have a stipulation, but I just need to visit with their
7· print expert for 35 seconds. 0 ./
THE COURT:
MR. GRAY: Go ahead and take care of that.
Okay. Thank you.
0 14 MR. CALVERT: , Can we put something else on
15 the record real quick? [1 16 Judge, I forgot to do this yesterday. I had
0 17 talked to Earl about it beforehand; and I think we talked
18 to you about it, but we forgot to do it on the record.
0 19 In 19, I believe, 84, you represented this
20 Defendant on a case, I believe it resulted in a guilty 0 21 . plea. We realized that going through his priors. We
0 22 brought it to Earl's attention. I don't want to speak for 23 Earl, but I think both parties are more than comfortable 0 24 in waiving any issues with having you hear this case,
0 25 Judge. But I wanted the record to reflect that both
DENISE C.PHILLIPS, CSR \1 OFFICIAL COURT REPORTER -U------·-·-----·- ------------------- --2-7-2ND-D-I-S.!I!-R-I-G-T-GGUR-T------------------ ---------------
0 8 My intent of course, the focus of the testimony that I intend to introduce during our
0 6 case-in-chief is the Defendant's statement as he's in jail
7 on this charge that "I'm in here for not following the 0 8 rules."
0 9 I did not intend to go into the details of 10 like what the disciplinary infraction was or -- there was 0 11 some other stuff that happened after that. The
5 12
13 confrontation kind of escalated with the jailer at that point. I'm not going into that.
0 14 Essentially, what the testimony will amount
15 to with the detention officer is I will ask him, "Did you 0 16 have occasion to have a conversation with the Defendant
0 17 about -- or did you instruct him to do something?"
18 "Yes, I did." 0 19 "And did you instruct him to follow the
0 20
21 rules?"
"Yes, I did. "
G 22 "And what was his response when you told him
23 he needed to follow the rules?" 0 24 And it will be that one statement, and 0 25 that's all it's going to be, Judge.
DENISE C.PHILLIPS, CSR - Q' ---~-~-- OFFICIAL COURT REPORTER ------------------2·"7-2-NI)--D"rSTR-I-C::T--eoURT--~--------~-- D
0 20 4 Mr. Gr-eer and Ms. Campbell to serve those warrants, to J 5 execute those warrants and place them under arrest. j 6 Mr. Greer and Ms. Campbell were located together. They were in Mr. Greer's pickup. He owns it. } 7
8 The deputies see them driving the pickup and initiated a
1 9 traffic stop. It's not a traffic stop like somebody was
10 speeding. They knew that these individuals had arrest J 11 warrants, and that's what they were ~topping them for was l 12 to execute these warrants. .-··' ~~ey -: ...:·' 8 3 A. I'm an investigator with the Brazos County
0 4 Sheriff's Office.
Q. How long have you been a cop?
0 6 A.
Q. Since 1978.
And how long have you been specifically with 0 8 Brazos County?
0 9 A. I've been with Brazos County since February of 10 2005. 0! 11 Q. Where were you before?
12 A. I was with a Narcotics task force in Central 'G 13 Texas.
0 14 Q. Within Brazos County Sheriff's Office, what
15 division or what unit are you assigned to? D 16 A. I'm with the Criminal Investigation Division.
D 17
18 Q. All right. and what that is. Describe for the jury what that means 1 A. Yes, sir.
2 Q. Okay. How long have you been doing that type of .3 work as opposed to street-level patrol work?
4 A. I guess an easy 15 years.
5 Q. Okay. And you said you've been a police officer
6 total for how many years?
7 A. Since 1978.
8 Q. Okay. So one or two years?
0 9 A. One or two.
10 Q. Obviously, a lot of training in that time, right?
0 11 A. Yes, sir.
12 Q. A lot of experience in that time? D 13 A. Yes, sir.
0 14 Q. On a variety of different areas?
15 A. Yes, sir. 0 16 Q. Including firearms? Do you have training in n 17
18 firearms?
A. Yes, sir.
0 19 Q. I want to take you back to February 16th of this
0. 20
21 year.
A. Were you on duty that day?
Yes, sir, I was.
0 22 Q. And did you have occasion to participate in and 23 help execute some arrest warrants on some individuals D 24 named David Greer and Monishia Campbell?
D 25 A. Yes, sir, I did.
DENISE C.PHILLIPS, CSR
_Q__· _______ --------------0---;~!~-~~~~~-~.~~~~~~:~~-:~~R_______________
Q
\J 29 probably one to a vehicle, to the best of my memory. And then, we also had a couple of marked patrol units with uniformed officers.
Q. And now, at some point, were y'all kind of concentrating your -- your efforts to locate the Defendant and Ms. Campbell in one particular area of town?
A. Yes, sir, we were.
Q. And where was that?
A. That was around the 31st Street, I believe it is, area.
Q. In what city?
A. In Bryan.
Q. And silly question, but I have to ask it. Is that area of town that you're talking about, is that located in Brazos County?
A. Yes, sir, it is.
Q. Is it also located in the State of Texas?
A. Yes, it is.
Q. While y'all were out there kind of searching that area for the Defendant and Ms. Campbell, did y'all see
them and kind of make contact with~th~fu~ .,·.·-. - . \:.:- A. Yes, sir, we did. < J 1 A. They were in a black Ranger pickup that comes
2 back registered to Greer.
4 Q.
A. Okay.
Yes/ sir/ it was. - And did y'all recognize -- it was daytime?
Q. Where are the unmarked cars while that. stop is }---. 1
2 being made?
1 3 A. we·~~ . ,.- ,. at various locations behind, beside ~nd ·:c..,.
4 just kind of around the area of where the -- everything ;} 5 is.
) 6 Q. So, all those vehicles that you described
7 earlier, the marked cars and the unmarked cars, are they '~ 1. 8 all kind of right there together?
} 9 A. Yes, sir.
10 Q. Okay. What happened when the -- I guess, the ~ 11 lead police car got behind the Defendant's truck and 12 turned the lights on? Did the Defendant immediately stop? ~- 13 A. No, sir, it looked like it took approximately a
14 block for him to go ahead and pull over and stop. b ; l 1 at gunpoint hel~ing stop the vehicle.
2 Q. Okay. So, using the cars, did y'all kind of.box } 3 the truck in? l 4
A.
Q. Yes, Okay. sir.
And you said something about gunpoint.
} 6 Y'all were executing a warrant. Did officers get out with
t '-' 7 weapons drawn pointed at the Defendant's truck? 1 8 A. Some did~ yes, sir.
) 9 Q. Okay. And at that point in time, were both the 10 Deferidant and Ms. Campbell arrested and taken into custody
11 11 on those warrants?
12 A. Yes, sir, they were. J 13 Q. Now~ I'm ~oing to
14 MR. CALVERT: May I approach the witness, 15 Judge? ~ 16 THE COURT: Yes, sir.
17 Q. (By Mr. Calvert} I'm going to show you what's been J ~ 18 marked for identification purposes as State's Exhibit .} 19 No. 3. Have ·you reviewed that video of the stop?
20 A. Yes, sir, I have. ~ 21 Q. And is that a fair and accurate recording of what
} 22 happened in terms of what y'all could see in the movement
23 of the vehicles? I 24 A. Yes, sir.
} Q. Okay.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 1-------~·- -------------,-------2-7-2-N·B-DI-S'I'R-H~-T-GGUR'I''---------------- -------
~ .
MR. CALVERT: Judge, we would offer State's
Exhibit 3. This has previously been provided to Defense counsel.
(State's Exhibit No. 3, Video, offered.)
MR. GRAY: No objection.
THE COURT: That will be admitted.
(State's Exhibit No. 3 admitted.)
MR. CALVERT: Permission to publish State's
Exhibit 3, Judge?
MR. GRAY: No objection as previously agreed.
MR. CALVERT: Judge';'''\t.h~ p<i:tties have a r_.---· •• ··~ • <' ,. " ' ' '.' ' : ' 1 A. No, sir.
2 Q. What are you doing? } 3 A. Inventory, we're just going through and making a list of all the items that are in the vehicle so that we can show that this is what was present in it when it was picked up by the wrecker.
Q. The -- we're having some computer problems over here, so we're going to go get a replacement and then watch the video. Okay?
A. Yes, sir.
Q. After the arrests were made, did -- did you and other officers engage in an inventory search like you're talking about to document all the property that's in there
J 14 to protect you and protect Mr. Greer?
15 A. Yes, sir, we did inventory the vehicle. } 16 Q. And describe for me how that works.
Procedurally, how do you go about doing an inventory search.
A. We have a specific form that the Department has that as we go through and inventory the vehicle, items that are found in it are listed on it. We also have a description of the vehicle to include the tag number and the color, who was operating the vehicle at the time.
Q. Now, would it be correct in saying because this is an inventory and not an evidence search, y'all's
DENISE C.PHILLIPS, CSR }--~-~- - - - - - - - - - - - - --------~~-~-~-~-~~~-r~~~-~-~T~~~-~-~~~~------------1-----------
] 37 lJ- 1 truck? What kind of condition was the cab of the truck?
2 A. All kinds of clothing, just various items, a J 3 cane, a bag that had a lot more clothing in it.
~ 4 Q. Now, at one point -- well, let me back up a step.
5 You're doing the inventory yourself, right?
~ 6 A. I'm one of the ones doing the inventory, yes.
7 Q. You described that you found a bag with some 1 8 clothing in it, right?
~ 9 A. Yes, sir.
10 Q. The clothing that was in that bag, did it appear ~ 11 to belong to Mr. Greer or Ms. Campbell?
12 A. It appeared to belong to Ms. Campbell. J 13 Q. Why do you say that?
~ 14 A. Most of it was women's clothing, and it was very small.
Q. Okay. And Ms. Campbell is a little girl, right?
A. Yes, she's very petite.
Q. With regard to the -- well, did Ms. Campbell, for example, did she have a purse in there?
A. Yes.
Q. So, it would be fair to say that some of the stuff some of the items that were in the cab of the truck clearly were associated with Ms. Campbell, right?
A. Yes, sir.
Q. And others were clearly not. Would that be fair?
DENISE C.PHILLIPS, CSR
l ---· ·----· ---- -·-- OFFICIAL COURT REPORTER CT-COUR T ---------------------~----2-72.:Nn-rrrsTRI --------------------------~ ------·-----·-----· l 39 Ll
D 45 0-~- 1 (State's Exhibit No. 12, Bullets from
2 Weapon, offered.)
0 3 MR. GRAY: Would you open them? I'd just
0 4
5 like to look at the bullets themselves.
Q. (By Mr. Calvert) I've just handed you the contents
0 6 of State's Exhibit No. 12. Are those the .22 short rounds
7 that you found in the gun? 0 8 A. Yes, sir, they are.
0 9
10 MR. CALVERT:
MR. GRAY: Any objection?
No objection.
0 11 THE COURT: Those will be admitted.
12 (State's Exhibit No. 12 admitted.) 0 13 THE COURT: State's 12 is admitted.
0 14 Q. (By Mr. Calvert) Terry, briefly
15 MR. CALVERT:. May the witness step down for 0 16 a second?
0 17
18 Q. THE COURT:
(By Mr. Calvert) Yes, sir.
Terry, if you could come down
0 19 here.
20 A. (Witness complied.) 0 21 Q. For folks that may not be very familiar with
0 22 firearms, could you just describe for me in kind of 23 laymen's terms how a revolver works? And you can use 0 24 State's Exhibit 11 if you need to to kind of demonstrate.
0 25 A. Yes, sir.· Once again again, DENISE C.PHILLIPS, CSR I'll go through [J 1 and show that it's empty. The cylinder is empty. Bullets D--- 2 will go into the cylinder in these different holes that
0 3 you see, and they sit there.
4 Whenever you pull the trigger on this -- and 0 5 it's empty obviously--- the hammer comes back, The
D 6 cylinder rotates into positi~n to put a bullet underneath
7 it, and the hammer goes so far back, and.then it will snap 0 8 forward and the firing pin -- this little thing on'the
0 9
10 trigger (indicating)
-to go off. -- will impact the round causing it
The bullet will then exit the ba~rel in 0 11 whatever direction you have it pointed.
12 And every time you cock it or pull the 0 13 trigger back, it will rotate up a ne~ round into the
0 14 chamber.
15 Q. Now, you said earlier that these .22 long rifle '0 ---- 16 bullets are too long, and they don't they'll stick out
0 17
18 the front end, right?
A. Yes, t-hey stick out the front of the cylinder
0 19 just a little bit._ As _you can see, there's some fairly
20 close tolerance between the frame and t.he cylinder. And 0 21 whenever it tries to rotate the nose of the bullet will ,;/: 0 22 impact the frame causing it to riot rotate.
23 Q. And if you could come up here. This right here 0 24 (indicating), is this one of the bullets that's in State's
0 25 Exhibit-No. 12 that was actually loaded in that weapon?
DENISE C.PHILLIPS, CSR o~-~--~~~~ ----~~------~---~~~~~~~T~~~~-~T~~~~:~~----------- - - - - - - 0 56 doing the inventory and then the wrecker driver and then also the owner of the driver of the vehicle when feasible; is that right?
A. Yes, sir, I believe that's correct.
Q. Okay. And have you reviewed that report at all, that inventory report?
A. Not recently, sir.
Q. Okay.
MR. GRAY: May I approach, Judge?
THE COURT: Yes, sir.
Q. (By Mr. Gray) Just in all fairness, I don't want to -- if you haven't looked at it, I want to give you an opportunity to. Kind of focusing in on the bottom there as far as the signatures. It does have Deputy Ficke's --
A. Yes, sir.
Q. -- signature. Okay. And then, we also have the wrecker driver; is that right?
A. Yes, sir, we do.
Q. Okay. And then -- but we don't have any type of signature from Mr. Greer; is that correct? 1 21 A. That is correct, sir.
} 22 Q. Okay. And you didn't sign the form because you
23 didn't actually fill out the form; is that right? J 24 A. That is correct.
} 25 Q. Now, the reason that you have the vehicle towed
DENISE C.PHILLIPS, CSR ~-···_· ___________________________o_~-~~~-~~~I~~~~~T~~~~~~E__R________________________
1 63 A. No, sir, it did not.
Q. And I know the Prosecutor has already talked about this .22 shell that was found in the -- I guess it was a pair of jeans; is that right?
A. Yes, sir.
Q. And those were size 5?
A. Yes, sir.
Q. Now, are there -- I know there's talk -- he talked about and you talked about the .22 short and the . 2 2 long rifle. Is there also, though, a .22 long --
A. Yes, sir.
Q. shell?
Okay. And where does that fall, I guess
A. It's between the .22 short and the .22 long rifle --
Q. All right.
A. -- size-wise.
Q. And so, you indicated -- and did you -- you did actually try to place the .22 long rifle shell in the in the chamber of this particular gun; is that righ~?
A. We did with counsel, yes.
Q. Okay. And then -- and we won't do it in front of the jury, so we're not loading the pistol in the courtroom, but fair to say it wouldn't rotate?
A. Correct.
DENISE C.PHILLIPS, CSR
~- - --~·- ~---------------------~---~~!-~-~~~~1-~~~~~~~:~g~~~-~~-------- ------- l J l 65 l- 1 Q. You'd agree with me, though, that if we actually had it here, that would be the better option, correct?
A. Yes, sir.
Q. That way we could try that particular shell ourselves?
A. Yes, sir.
Q. Now, I know that you and the Prosecutor have talked and had taken a look at the pistol and tried the shells and things like that yesterday, but that pistol had never been any kind of ballistics tests or anything like that; is that correct?
A. No, sir.
Q. I know you indicated it's a firearm, but you don't, in fact, know whether or not that pistol can fire a shell?
A. No, sir, I have not tested that personally.
Q. Now -- and I know you've worked different crime scenes in your experience; is that correct?
A. Yes, sir.
Q. Anywhere from DWis all the way up to murder; is that fair to say?
A. Yes, sir.
Q. Okay. Now -- and I understand that every every offense is different. Every crime scene is
~ 25 different. But it is possible to swab certain types of DENISE C.PHILLIPS, CSR
~------- -------- ----------- ------------0~-~-;-~~~~±~~~~~T R~~g!~E~-------------- ____________
J J l-. 1 evidence and then have that sent off to the DPS lab to
2 test for DNA; is that right?
J 3 A. Yes, sir.
4 Q. And I guess the way that it works is you have a J 5 piece of evidence, you know, potentially a knife or even a
J 6 gun in this particular case; and you could swab --
7 potentially swab the different areas that you believe J 8 would have likely have come in contact with a potential
9 suspect's hands; is that correct? J 10 A. Yes, sir.
~ 11 Q. And would you agree with me some of those key
~ 12 areas would be the trigger, the hammer and the handle?
13 A. Yes, sir. ~- 14 Q. Okay. And so, it is at least possible to take a
15 swab of those areas and then send that off to the DPS lab ~ 16 and then get a known sample from various suspects; is that
~ 17 right?
18 A. Yes, sir.
J 19 Q. For example, it would have been possible to at
:1 20 least get a sample from David Greer as well as Monishia; d--------- ------------·-----------·---·---- -----·------------·---- ----------------- 21 is that correct?
22 A. Yes, sir.
23 And for that matt;:er any other potential suspects J 24 that you may have had; is that right?
25 A. Yes, sir. J DENISE C.PHILLIPS, CSR ~~-. OFFICIAL COURT REPORTER d·-- -- ·-------- -----------·-------------------·-2-!J-2-NB-B±·S'P-R± G-'I'--C0HR'1'-----------------------------· -----------------------
J l 68 D 0--: 1 that correct?
2 A. That is correct. [l 3 Q. The Prosecutor had indicated that because there
4 was dust on the pistol, that it had been tested for D 5 prints; is that right?
0 6 A. Yes, sir.
7 Q. And whether or not -- in your experience 0 8 sometimes we find prints, sometimes we don't. In this
0 9 particular case, there were no latent print that was found
10 and matched to David Greer; is that right?
0 11 A. That is correct.
12 Q. Now, that initial printing and testing was not 0 13 done the month of this offense in February; is that
0 \ •i
14 correct?
15 A. That is correct. 0 16 Q. When was that actually done, the testing?
0 17
18 A.
Q. It was done last week.
Okay. And was that at the request of the 0 19 District Attorney's Office?
20 A. Yes, sir. 0 21 Q. Okay. Now, you would agree with me that when
0 22 evidence is seized and it's bagged, we bag it so that
23 potentially we don't have any kind of spoliation of 0 24 evidence as well as we don't want an officer's prints on
0 25 the gun, so to speak. We want it preserved; is that
DENISE C.PHILLIPS, CSR
-D~~ --·---------------- ---~-~~~~~~ I ~-~-~~-~T~~~~~~-E-R-----------------1------ n 70 l 1 belonged to Monishia; is that right?
2 A. That's correct, sir. J 3 Q. Okay'. But when she was arrested and you can sort
4 of see it, I guess whenever she comes up to the patrol J 5 car -- it may have been when Ledesma was going to talk to
~ 6 her. I don't know. But you saw in the video where she
7 and that was Monishia that was right in front of the :l 8 patrol car in the camera?
9 A. Yes, sir. J 10 Q. Okay. And she was actually wearing an over-sized
~ 11 coat then as well, wasn't she?
~ 12 A. Yes, sir.
13 Q. Okay. And that coat looked like it was too big
~ 14 for her as well; is that fair to say? I Q. Now, I don't want you to go into what Ledesma told you and I don't want you to go into what Cqmpbell
0 3 said, but after you found the gun in State's Exhibit
0 4 No. 10, did Deputy Ledesma go back and have ·a conversation with Monishia Campbell about it?
0 6 A. Yes, sir.
7 MR. CALV-ERT: I ' l l pass the witness. 0 8 RECROSS-EXAMINATION
0 10 9 BY MR.
Q. GRAY:
Now, you had indicated that you were tracking a
0 11 little bit behind the rest of the units; is that fair to
12 say? 0 13 A. Yes, sir.
0 14 Q. And who w~s the actual aire~;jng officer? Was
15 that Officer -..;. or Deputy Ficke? /, 0 16 A. Yes, ~-· Q. Okay. And so, you don't have any direct knowledge as to why he had actually performed that traffic
0 19 stop; is that right?
0 21 A.
Q. Why Deputy Ficke performed the traffic stop?
Do you have any personal direct knowledge, not
0 22 what other officers may have told you or you may have
23 heard on dispatch or anything like that, but do you have 0 24 any personal knowledge as to why Deputy Ficke had pulled
0 25 over Mr. Greer?
DENISE C.PHILLIPS, CSR (1 OFFICIAL COURT REPORTER ~k:J---~---~ ------- -~-------------~---.:._-~- ---2-7~2ND~-DI-S'I'-R-I-CI'--COUR~-----.- ---------~ --~---- ----------------- 0 75 l 1 Q. How did you know they had outstanding warrants? ;} 2 A. We checked through Dispatch.
3 Q. Okay. Did you personally check through Dispatch?
4 A. Yes, sir.
5 Q. Did you personally see the -- the -~ so, you
~- 6 ' received first-hand information that they had open
7 warrants? 1 u 8 A. Yes, sir.
Q. Okay. Were you able to finally locate David
Greer?
A. Yes, sir.
Q. All right. Was he with anybody else?
A. Yes, sir.
Q. And who was that?
A. Monishia Campbell.
Q. Okay. Now, were you in a vehicle with someone else? Were you in a single vehicle by yourself when he was located?
A. No, sir, myself and Investigator Ware.
Q. So, it was you and Ware in the vehicle? I'm sorry.
A. Yes, sir.
Q. Now, were you involved with the actual stop of Dave Greer and Monishia Campbell?
A. Yes, sir.
DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~------·· - - - ··---·----~-~--------·-----'2-'72-ND-DI-SI¥R-I-e'I'-e8UR'I'----~------~- -----~----
] Q. Okay. Where were you during the stop?
A. I was in the vehicle at the very back. I came in after -- right after the stop.
Q. Okay. So, you di~n't re~lly se~ a~ythin~ i&a~ happened during the initial moments of the stop?
A. Well, I was right behind him before the vehicle actually stopped.
Q. Okay.
A. I was a pretty good distance behind.
Q. Okay. Now, February 16th, do you remember what the weather was like that day?
A. I think it was cloudy, kind of cool.
Q. Do you remember what you were wearing?
A. Yes, sir.
Q. What were you wearing?
A. I was wearing a black -- it's what we call our 1 1 A. I talked to Monishia Campbell. J --
Q. Now, at some point, while you were talking with
Monishia Campbell, were you called over to look at something that had been found during the search?
A. I don't think they called me. I think I actually walked up.
Q. Okay. And what did you see when you walked up to the Ranger?
A. They were talking about the -- found a gun in the jacket there.
Q. Okay. And once you saw the gun and the jacket, what did you decide to do?
A. To ask whose jacket it was.
Q. All right. And now, without going into what was said again, did you take the jacket and gun back to
Ms. Campbell and continue investigating about who owned it?
A. I took the jacket up. I didn't take the gun.
Q. Okay. What was her physical demeanor when you were investigating about who owned the jacket?
A. Talking about when I asked her about the jacket?
Q. Uh-huh.
A. She was almost like complete denial.
MR. GRAY: Objection, Judge, as to hearsay.
THE COURT: Sustain the objection.
DENISE C.PHILLIPS, CSR r-~---- ____ ------------------~~-~-~-~~~~~-~~~~~1: R~~~~~ER _____ ------~---- __________
J L 1 Ladies and gentlemen, disregard the last
2 statement of the witness.
1 3 Go right ahead.
~ 4 Q (By Mr. Ward) What I meant to say was can you
5 describe her her demeanor?
~ 6 A. Okay. Okay. Yes, sir.
7 Q. How she -- ~ 8 A. It was more of a surprised look and just kind of ~ 9 shook her head as no.
10 Q. Okay.
~ 11 A. That's the best way I can describe it.
Q. All right. Now, from the answers that -- that ~ 12
13 she gave you, again, without going into what was said, did
~ 14 you go talk to Mr. Greer?
15 A. Yes, sir, I did. ~ 16 Q. Okay. And did you ask Mr. Greer if he owned the ~ 17 jacket?
18 A. Yes, sir.
~ 19 Q. What was his response?
20 A. He said it was not his. ~ 21 Q. Okay. And from all the answers that -- that you
~ 22 had received from talking to Ms. Campbell and Mr. Greer, 23 who is it ultimately decided that was the owner in ~ j 24 possession of that jacket and gun?
~ 25 MR. GRAY: Objection, Judge, that calls for DENISE C.PHILLIPS, CSR
~ ________ -~---·-·------------·-0~!-~~~~~~~g~~~TR~~~:~-E~-~-----·-~----- ___ :________ _ speculation: That's also the purview of the jury. They make that decision.
THE COURT: Well
MR. GRAY: As to who's in possession.
THE COURT: Backdoor hearsay, so I ' l l sustain it.
Q (By Mr. Ward) Let me -- who was ultimately ?
arrested for possession of the gun that day? p} ~t0-' A. David Greer. ~~f ~"" l MR. WARD: Pass the witness, Judge.
CROSS-EXAMINATION
BY MR. GRAY:
Q. Now, you indicated that you received a call describing, I guess, the vehicle as well as Mr. Greer; is that correct?
A. Yes, sir.
Q. Okay. And was -that an anonymous call?
A. No, sir, it was from an informant.
Q. An informant?
A. Yes, sir.
Q. Okay. And can you give us a name of the informant?
A. No, sir.
Q. Does Dispatch have any type of a link or listing as to that person so that if we needed to we could
DENISE C.PHILLIPS, CSR j OFFICIAL COURT REPORTER ~- --··---- ---- -·-· -·- --··------·-------------2-72ND--DISTR-ICT·-co'O'RT·------------------- ----···----------···-· l 88 0--. 1 we have no objections to -- well, we'll offer that at this
2 point.
D 3 (State's Exhibit No. 15, Inventory form, 0 4
5 offered.}
MR. GRAY: We have no objection, Judge.
0 6 THE COURT: No further objection?
7 MR. GRAY: No further objection. _Judge, D 8 that was actually at our urgence, and that should prevent /'"1.
0 1 Q. Okay. Is it then possible that there is an audio
2 and a video?
0 3 A. I know there's a video, but I'm not for sure
0 4
5 about the audio.
Q. Okay. Now, you'd agree with me _that when you-all
0 6 were having the conversation that Mr. Greer was upset;
7 would that be fair to say? 0 8 A. I guess it would be safe to say that he may have
0 9 been upset. But it was just a mere question that he was
10 asked to do, to follow the rules.
8 11 Q. Oh, I understand. I'm not trying to indicate
0 12
13 that you weren't being fair or anything like that. just saying from your vantage point did he appear to n6t I'm n. 1 inventory, the reason I had that admitted as to the 2 inventory listing was the two officers testified that they
0 3 are to -- the whole purpose of an inventory search is to list all the items found within that -- that vehicle so 0 ----~ 4
5 .....-- that there's no issue as far as that. They have to follow
6 that policy, and that's just the rule on the inventory
7 searches. [J 8 There really is no true, search incident to
0 9
10 arrest anymore as long as the Defendant, my client, would not be able to harm or tamper with evidence. And we've --
0 11. there was no issue as to that. He was in custody. He was
12 in handcuffs. 0 13 THE COURT: Well, isn't that -- isn't that
0 14 the law where, you know, if they're not able to reach for 15 a weapon, then that -- that part of it's absolved, and the 0 16 inventory search doesn't depend upon reaching for a
0 17
18 weapon.
MR. GRAY: Right. Yeah, absolutely, Judge.
0 19 I just wanted to make that distinction that, you know, 20 they don't get there on a search incident to arrest for 0 21 sure.
0 22 THE COURT: Right.
23 MR. GRAY: And I don't think anyone's argued 0 24 that, and I don't think the state --
0 25 THE COURT: No, nobody's arguing that.
DENISE C.PHILLIPS, CSR n ·o·----- ------- -~ OFFICIAL COURT REPORTER --------~-----~-----~--------~2-7-2-ND-Ili-5-TR-I-C-T---GGUR'I'_:_·-----------~----------- ---------·-'-
D
0 105 that .. 22 long or long rifle shell.
So -- and the whole purpose of this is so --
0 11 and even in the policy of the Sheriff's Office so that we
0 12 can't cloak a -- a search for evidence by calling it an inventory search.
0 14 So 1 you don't get it both ways. If you're
15 going to do an inventory search/ you've got to inventory () 16 all the items. You don't get to pick and choose because
0 17 if you're picking and choosing/ then it's really a search for evidence.
0 19 THE COURT: S0 1 a poor inventory search is
0 20 not admissible? If it had been a complete inventory search 1 it would have been admissible?
:0 22 MR. GRAY: I think it's closer. I think
23 that goes to whether it's a true inventory search. 0 24 Otherwise/ Judge 1 why not? If you've got 50 items in the
D__ 25 car and you've got two pieces of evidence/ why not just DENISE C. PHILLIPS CSR 1 .
f-f OFFICIAL COURT REPORTER ·tJ·-----~-- ---·-- ---~----·-----------~2"72ND-DISTRI CT-COURT--------~--------- ·---- ----~--~-- n 106 ----f-· /.-·· THE COURT: But the fact remains they would
always do an inventory search when there's an arrest. The 0 6 fact that there may be an ulterior motive, a reason to
7 search for other reasons, is, to me, not determinative 0 8 b~cause if they had a valid reason to do an inventory n 10 9 search even though that might not have been their primary motive, they can rely on that even though their primary
0 11 motive was something else. I may be wrong.about that.
12 MR. GRAY: Well, Judge D 13 THE COURT: The facts support a valid
0 14 inventory search, and they say that was one of the reasons
15 we did the search. 0 16 MR. GRAY: Well, Judge; and this is -- I
0 17
18 mean, that's the whole thing. Even their policy states:
This inventory procedure may not be used as a pretext to
~ 19 conduct an exploratory search for incriminating evidence.
That's their own policy. 0 20
21 THE COURT: Okay.
0 22 MR. GRAY: So, again, I have real
23 THE COURT: Is that in evidence? 0 24 MR. GRAY: No, Judge; but it's a suppression
.0 , 25 hearing; so -- I mean, I can offer it. DENISE C. PHILLIPS, CSR It's the policy.
f( . · OFFICIAL COURT REPORTER . tJ----------- ------------------------2-7f2ND-:BISTR-IeT--eOURT-----.--·--------- ------·-----
D
8 107
8 108
was no search warrant.
We also again, we have real issues with 0 3 the initial detention was by confidential informant. We
0 4 don't have any specifics about how many times that person has testified, if they've testified truthfully, only that
0 6 the person is reliable. We don't have any specific
7 information as to, you know, the description of my client, 0 8 large male. He was wearing a coat. He wasn't wearing a
:o 9 coat. The vehicle was a black truck, small black truck.
10 Whether there was an LP -- I mean, there's just -- we just 0 11 don't know these things.
THE C.OURT: All right. I'm a little more D 12
13 concerned about the fact that he was never identified in_ '! ' ~'- Q l We're talking about an investigative detention. We're l 1
2 talking about a traffic stop. All that's required is ] 3 reasonable suspicion. ---=--------- ~. 4 The officers only have to have reasonable " 5 suspicion that this individual and the other individual,
~· 6 Monishia Campbell, were in that vehicle. And so, then, 7 you go back to what we have. We have a known inform -- a ~ 8 known person making a presumptive -- a legally
~ 9 [i~esumptively reliable tip to law enforcement that these
10 two people are in this vehicle. That's the -- and they're
1 11 in this area. That's the evidence that's in the record so
~ 12
13 Moreover, in addition to it being
] 14 presumptively reliable under the law, that individual
15 that's telling them that, has already previously been ·~ 16 found to be credible and reliable in the past. They go
~ 17 out there. Sure enough, there's the vehicle. There's no
18 way that that is not reasonable suspicion for those u 19 officers to stop that vehicle and further investigate
20 what's going on. ~ 21 And so, on the basis of the stop, because
~ 22 reasonable suspicion is the only standard, the low
23 standard that we're using for the stop, there's more than J 24 enough. There's ample evidence to support a finding of
25 reasonable suspicion that the stop is good. And as J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~---- - · - - - - ------272ND-DrSTRTCT-COURT------------. -------·--·--·
]
\ 111 J
J__ 1 Counsel already said, there's no question that the 2 warrants are good, and the evidence is very clear that the l ! 3 resulting s~arch was conducted pursuant to their inventory
1 4 policy. ' If it was not as thorough as Counsel would have
5 liked, that goes to weight, not admissibility. ,,' '\ j 6 MR. GRAY: Judge, I agree. The standard as
7 to a detention is there must be reasonable suspicion to 1 1 8 pull over the vehicle; but with that, you need specific
} 9 articulable facts to get into that. And they don't have
10 that. n u 11 They've got a confidential informant that we
12 don't know what in the world the person said to 1; 13 Investigator Ledesma. We don't know about any of the ~ i{
if 14 specifics, how he described my client, the vehicle, any of 15 these things. And the person hasn't been determined to ~ u 16 be all he said was a broad statement. He's reliable, :l 17 or the CI is reliable. That's not enough. It's not ~- 18 specific and articulable. } 19 If we can't go to that person and get
20 specific facts as to how do you know that was the right J 21 person, how do you kpow that was the right truck? And
~ 22 then, we have no ability to cross-examine this person
23 because they won't give us the information.
24 THE COURT: I'm going to deny the motion to
25 suppress.
DENISE C.PHILLIPS, CSR ~--- ---- --------~------------~~-~-~~~~~-r~~~-~~T~~~~~~E_R_________~-- -----------
} 112
~ 1 Ready to bring out the jury? J- 2 MR. CALVERT: Yes, sir. ~ J, 3 MR. GRAY: Yes, Judge.
~ 4 THE COURT: Bring them out.
5 {Jury seated.}
~ 6 THE COURT: Everyone be seated.
7 Mr. Gray? ~ ;:; MR. GRAY: Judge, we would call Monishia 8
~ 9 Campbell.
10 THE COURT: All right. u 11 I believe I have previously placed this
12 witness under oath. ~ 13 Go right ahead, Mr. Gray. J 14 MR. GRAY: Thank you, Judge. u 15 MONISHIA RENE CAMPBELL, ~ 16 .h~ving been first duly sworn, testified as follows: n 17 DIRECT EXAMINATION u 18 BY MR. GRAY: } 19 Q. Could you go ahead and state your name for the
20 record? ~ 21 A. Monish~a Rene Campbell. . ~- .
~ 22 Q. Okay. And just to kind of look forward right
23 away, do you know David Greer? ~ 1' 24 A. Yes, I do.
~ 25 Q. How do you know him?
DENISE C.PHILLIPS, CSR ~- OFFICIAL COURT REPORTER ~·-------- ---------------------2-?2ND-DISTRTCT-COURT _________________ - - - - - -
~ 113 J l 1 A. I was in a relationship with him for years. J- 2 Q. Okay. About how long were you two in a l 3 relationship?
~- 4 A. Two years. u 5 Q. Two years. Okay. And let me draw your attention u 6 to February the 16th, 2012~ Were you with David in a
7 vehicle that was pulled over by the police? ] 8 A. Yes, sir.
9 Q. Okay. And not going into the specifics as to the J 10 arrest, you were arrested and placed in handcuffs; is that 0 [J 11 right?
~ u 12 A. Yes, sir.
13 Q. Okay. And was David -- was he also arrested and J 14 placed in handcuffs? u '1 15 A. Yes, sir. J 16 Q. Now, we've talked about February 16th, which was
~ 17 the day of the arrest. The day before that, did anything
18 happen between you and David? ~ !J u 19 A. We got in an argument.
20 Q. Okay. And not going into what anybody said, was ~ 21 it your intention at that·~~{~t that you guys were going 0 .... ·... u 22 to break up?
23 A. I needed some space away from him. I was mad. ~ ~ 24 Q. Okay. And so, in response to that, what did you
!\ 25 do as far as your belongings? J DENISE C.PHILLIPS, CSR ~ .. ' OFFICIAL COURT REPORTER J---·--- -------·----------·--';.z-9-2-ND-BI-STR-IE:T-E:0URT·------~------- -------- ~--------------------------------------------------------------~ J l 0 1 A. I grabbed whatever clothes and items I could
2 grab, and I grabbed a gun and placed it in my bag and J 3 left.
A 4 Q. Okay. ~ 5 A. I had called him the following day, the next day
~ 6 and asked him to come get me, and he did, and we got
n 7 pulled over. tl J 8 Q. Let's back up just a little bit. So, you grabbed ~ 9 all your belongings, What all did you grab? u 10 A. I grabbed the gun. I grabbed some clothes, a ~ 11 jacket, just a bunch of stuff. I mean, it was the heat of
12 the moment. I was mad. Whatever I could grab. J 13 Q. And where did you -- where did you place those n ~ 14 items?
15 A. In a bag, kind of like a duffle bag. ~ 16 Q. Okay. il 17 A. I just crammed it all in there. u 18 Q. And then, where did those items ultimately go? J 19 A. In the back of the truck.
~ 20 Q. Okay.
21 A. But they -- it was all mine.
22 Q. Okay. So, we have these items that you put in 23 the back of the truck. Is that the same truck that David
24 was driving on the date that y'all got pulled over?
25 A. Yes, sir.
DENISE C.PHILLIPS, CSR 1~···~-- _____________________o_~-~-~~~A~I"~~~~-~TR~;g~~..-E_R___________ 1__________~
'l 115 I J I Q. Okay.
15 MR. GRAY: What did we do with the gun? Is ~ 16 it locked up? i] ~ Q. (By Mr. Gray) We've already checked to make sure
18 there's no ammunition; and it's not a live pistol; but
J 19 just looking at this, do you recognize this?
20 A. Yes, sir. J 21 Q. What is that?
22 A. That is a .22 revolver. J 23 Q. Okay. And whose revolver is that? ~ 24 A. That is mine.
~ 25 Q. Okay. And does it look -- I guess other than the DENISE C.PHILLIPS, CSR ~-~~-~- · - · - ____________________o-'-'~!~~~~~:r-~~~~~T~~~~-~~-E_R_·------~------ l 116 1 1 and get out of there. But I definitely didn't want to
2 leave the house without being armed with something.
3 Q. Was that -- was it such that you left the -- even
4 though you don't know where precisely you put the pistol, 5 is it do you recall whether you left it out in the n u 6 open; or would it have been potentially covered with something?
A. Pretty much I would have covered it with something because I wouldn't want him knowing that I had it.
Q. Why is that?
A. Because I knew he was a felon. I didn't want to get him in trouble.
Q. Okay. And when you grabbed your clothes, was it just one or two garments; or was it a pile?
A. It was a bunch of stuff.
Q. Okay. So, not a situation where you planned a trip to the Bahamas; and you neatly folded and packed everything?
A. Exactly, I just crammed and stuffed.
Q. Okay. At the time that you-all were pulled over on February 16th and a day or so before that, would it be fair to say that you were concerned for your safety?
A. Yes, I still am.
Q. Now, at least at that time, to your knowledge, DENISE C.PHILLIPS, CSR ~ __ ----~ _ ----~~--- __________0_~-~-~~~~~T~~~~~T~~~~:~-E_R_ _ _ _~------ ~~--------
0 118 o. . 1 were you wearing a jacket then?
.I was wearing a XL -- an XL jacket. [2] A.
0 3 Q. Okay. And that was different than the black one .. and the one you were wearing at the time of your arrest; B 4
5 is that right?
0 6 A. Yes.
7 Q. Had you ever seen David Greer handle that gun? 0 8 A. No.
D 9 Q. Did you have any information or anything to lead
10 you to believe that he was aware that gun was back there?
0 11 A. I know for a fact he didn't have no clue. Like I
12 said, I wasn't mad at him; but I wasn't wanting to get 0 13 anybody in trouble.
0 14 Q. When you stayed with ~- were you guys sort of 15 living together at that time? 0 16 A. Yes, we were.
0 17
18 Q. Okay. When you would stay with him and you were living with him, where would you keep that gun at then?
19 A. I had a hole in the wall, out of sight, out of 20 mind.
21 Q. Again, I don't -- my intention is not to upset u 22 you, and I don't want you relive the past, but there's a
23 few other questions I need to visit with you on.
24 Have you -- have you been convicted of any
25 felonies or crimes of moral turpitude that would be
DENISE C.PHILLIPS, CSR
-· L-~ --- -- --- -------------·-·--------·····~~-~-~~~~~I ~-~-~-~-~T~~~~~-~~~------------·------~--- ·-·---··--·---------- 1 this year when you guys were pulled over, were you -- you
2 had not been revoked; is that correct?
3 A. When this happened and not -- not at the time. I ··- - • -+ •• • 1 the jury -- you specifically said when you were packing up
2 your things, you made it a point to get that gun and take
3 it with you, right?
0 4
A.
Q. Yes.
Now, I think when you told Earl just a minute ago
0 6 what it was in -- I think your words were -- and I'm more
7 or less quoting -- "pretty much, I think I would have D 8 wrapped it up to hide it from him." That's what you said,
0 9 right?
A. Yeah.
0 11 Q. So, you -- are you saying you think you wrapped
0 12 it up; or are you saying you did wrap it up?
A. There's a big possibility I did wrap it up
0 14 because I -- No. 1, I wouldn't want him -- not just him to
15 see but anybody else. 0 16 Q. Okay.
0 17 A. And it's realiy hard for me to remember a lot at that time because, like I said, we were fighting; and it
0 19 was the heat of the moment. u 20 Q. I understand. And I understand some time has past, but I'm asking -- I'm not talking about
D 22' possibilities. I'm asking about what you remember.
23 Are you telling this jury today that you 0 24 don't specifically remember wrapping up the gun before you
0 25 took it with you?
DENISE C.PHILLIPS, CSR rJ · ·" OFFICIAL COURT REPORTER ·h:J-~------ -----·- ~--------·--~-~·-----~-~·2-7-2ND--D±S.!:.r-R-:1G'I'--GGUR-'I'---·----~-------------~--- ---------- u
0 125 A. Yeah 1 I'm going to go ahead and say that because that's usually what my actiohs would do.
[( 6 Q. Are you saying it?
7 A. I'm saying 1 yes 1 I wrapped the gun. 0 8 Q. Right. I .understand you're saying that. Are you
0 10 9 saying it because that's what you would normally do are you saying that because that's specifically what you 1 or OFFICIAL COURT REPORTER -8----- --- ------- -----------------------~-7-2-NB-B-I-ST-RTeT--CGURT--- ------------------------ ---------------·- 0 126 correct?
A. Yeah, it was right in the door of the vehicle. n 6 Q. Right.
7 MR. CALVERT: Judge, right now, I'm going to 0 8 pass the witness.
0 9 REDIRECT EXAMINATION
10 BY MR. GRAY:
0 11 Q. Just to clarify a few things, going back to when
0 12
13 you visited with Investigator Ledesma, okay?
As to the jacket, you did indicate that
[J 14 this was on the February arrest date that it was
15 Hillbilly's jacketi is that right? 0 16 A. Yes.
0 17 Q. Hillbilly referring to David?
18 A. Yes.
0 19 Q. And as to the gun, you did not take ownership of D 20
21 the guni is that correct?
A. Yes.
D I 22 Q. Okay. You didn't say that it was Hillbilly's or 23 whose it was. You just didn't take 0 24 A. I didn't claim it.
0 25 Q. Now -- but you, in fact -- I mean, that was your
Qj -. -----·- - - - - DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER --------------------- ------z.-7 2-N-D-DTSTR:-:r-cT-COtJRT------------ -_----------
LJ
0 138 1 Q. Now, you indicated that you told Ledesma that --
2 that it wasn't Hillbilly's gun, that it was your gun; is
3 that right? n 4 A. Yes. l 5 Q. Okay. Did that conversation happen after this !lu, 6 February date in the jail?
7 A. Yeah. 1 8 Q. Okay. And do you remember the specifics of that conversation well, let me back up.
Was Investigator Ledesma there and visited you there as to the kidnapping case that you were a victim on?
A. He -- he only talked to me a few times on that case, but it wasn't -- it wasn't too much on when I was in jail. He was asking me --
Q. We don't want to go into a. lot of specifics of n 17 other things, but is it fair to say this was after -- this u was after the date of the offense, though?
A. Yes.
Q. And were you still in custody in the Brazos
County Jail?
A. Yes, I did two months in Brazos County.
Q. Okay. And is that when you told him that the gun that you had to get a gun?
A. Yes.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J-- ---·-- --·-·-----·-----------------------:2/:2-ND-IJI-STRrCT-COURT--------·-·------·----- ·-·--··---··--------
J
0 140 J l l. i of her. We trust him.
2 THE COURT: Call your next. J 3 MR. GRAY: Judge, we would rest. n u 4 THE COURT: Defense has rested its case.
5 MR. CALVERT: We'll going to have some l (J 6 rebuttal, Judge. Do you want to do that now or after
7 lunch? J 8 THE COURT: Let's go ahead and get started.
~ 9 MR. CALVERT: We'll recall Rick Ledesma. :J 10 {Bench conference:} il u 11 MR. GRAY: Judge, I anticipate that they're
n 12 calling Ledesma to dispute Monishia's testimony. I would J 13 object at this point in that it's been established that
J 14 she told the Investigator Ledesma that the jacket was
15 Hillbilly's, which is what they had asked her. So, that's ~ ijj 16 not an issue. She's admitted that she said that. And ..
17 then, that she did not take ownership of the gun. I u 18 clarified the conversation as to her telling Ledesma it
~ 19 was her gun. She needed it for protection at a later date
20 while she was in jail. u 21 So, I would object to any extrinsic evidence
J 22 to prove up -- to impeach the witness when the witness has
23 effectively admitted that she wasn't truthful with the ~ 24 police on that date. 0 25 THE COURT: So, you're saying that this guy J DENISE C.PHILLIPS, CSR ,u_ ../ OFFICIAL COURT REPORTER ~------ ----------------------- ---2·7 2ND--D IBTRTCT-COURT ---------------- - - - ~-------- can't impeach anything that she's-testified to?
MR. GRAY: Well, I mean, if she admits that yes, she didn't tell the truth, he can't use extrinsic evidence.
THE COURT: What do you say to that?
MR. CALVERT: Two things: One, she testified -- and I asked her three or four different times three or four different ways if that conversation she was talking about with Ledesma where she told him it was not
the Defendant's gun was at the scene that day. She very, very clearly said: "Yeah, it was at th~ scene that day."
Once she found out she was being videotaped, on redirect, she changed her testimony and said that happened later.
15. And so, we can --
(Bench proceedings concluded.)
THE COURT: Overruled.
MR. CALVERT: Judge, at this point in time, we had previously offered State's Exhibit No. 3, pursuant
to a stipulation with Defense, certain portions of the audio were redacted. For these purposes now, we are going to offer all of State's Exhibit No. 3 with the audio included.
THE COURT: Any further objection? C'' ·') 25 MR. GRAY: No additional objection.
DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ...........--------------------------272ND-DTSTR-r-cT-COURT _________________________ - -------------------- :} U ·-·- ----- ____..____ l 144 1 Q. Who is that?
2 A. It's David Greer.
0 3 Q. Okay. Can you describe what he's wearing right
4 now? D 5 A. He's wearing a black -- looks like a cut-off
0 6 T-shirt and some camouflage p~s.
7 Q. And you testified earlier that although you D 8 weren't there immediately when the stop happened, you got
0 10 9 on scene pretty quick?
A. Yes, sir, right as the traffic stop was being o- made.
12 Q. And we can actually -- we can actually rewind 0 13 this whole video, and we can see you rolling up because
D 14 your pretty distinctive when you roll into the camera
15 right there? 0 16 A. Yes, sir.
0 17
18 Q. From the time that you were on scene until the time that everyone left, did you ever observe the D 19 Defendant wearing a. jacket?
20 A. No, sir. 0 21 Q. Now, I'm going to fast forward this a little bit.
0 22 And you also had a conversation with the Defendant later
23 on that day, didn't you?
0 24 A. Yes, sir.
25 Q. Was he in the backseat of a patrol car? D DENISE C.PHILLIPS, CSR 11 OFFICIAL COURT REPORTER -t:j- --- ----- --------- -----------------------------2-7-2-N-B-D·I-STRI-eT-eGHRT--------------------- -----------------
D n 146 J
l 1 thati is that correct? Did you work up that case as well? J·· 2 A. Yes, sir, I did. J 3 Q. Okay. Is that a pretty serious case? ,
~ !J 4 A. Yes, sir, absolutely.
5 Q. Okay. Is it still pending?
~ 6 A. Yes, sir.
7 Q. Now, whenever you initially walked up, you had J 8 indicated -- asked about the jacket, asked her who it
~ 9 belonged toi and then, she says that jacketi but then, you
10 hear a sigh, "that jacket, ahhhh," okay? Does that not
~ 11 mean to you that she knew something was bad about that
12 jacket, or why would she sigh? There's nothing wrong with J 13 just having a jacket, right?
~ 14 A. No, there's nothing wrong with that, no, sir.
15 Q. And so, there would be no reason for a person to ~ 16 say "that jacket" and then sigh?
~ 17 A. I'm not sure I understand your question.
18 Q. Well, if it was just a piece of clothing with
~ 19 nothing illegal in it, if she had no knowledge that there was anything illegal, a gun, whatever, in that jacket, she ~ 20
21 would have just answ~red your question. "It's my jacket.
~ 22 It's his jacket. It's whoever's jacket."
23 It wouldn't make sense for a person if you ~ 24 ask, you know, "Is this your jacket?" And she says, "That
25 jacket," and then she sighs, like, "Oh, heck, I'm in DENISE C.PHILLIPS, CSR
~---- OFFICIAL COURT REPORTER - - - - ---------~---~~~--~~-2-'72-ND-DI'STR-ICT~couRT~~~~--~~-~~~--~--~-----
0 150 A.· In the vehicle. I'm not exactly sure where he pulled the vehicle -- where he pulled the jacket from.
n 3 Q. Okay. When -- you saw him recover this, though?
A. Correct. [l 4
5 Q. And when he recovered it, was this like inside a
0 6 bag full of other stuff? Did he have to pull it out, or n /
was just in the truck?
A. I don't believe so.
0 10 9 Q. Okay. You didn't have to remove it from any kind of bag or any other certainly didn't see him Q. that jacket was, And you don't -- but you don't exactly know where just that it was in that backseat area?
0 19 A. Correct, I do not know exactly where it was.
20 MR. GRAY: Okay. I'll pass the witness. 0 21 MR. CALVERT: Nothing further. We'd ask
0 22 that he be finally excused.
23 THE COURT: You're finally excused. 0 24 THE WITNESS: Thank you.
0 25 THE COURT: Thank you.
DENISE C.PHILLIPS, CSR ·"' OFFICIAL COURT REPORTER _Q --- ---···- - -- ----------------------.----- ------- --2-7-2ND--D-I-S'I'-R-I-G'F--GGUR.!f----------- -----------·--- - - - --------· ----- (Brief pause.)
THE COURT: Go ahead and hand them out.
0 3 All right. Ladies and gentlemen, I'm going n._r-
to go ahead -- the law requires that I read this Charge to you word-for-word; and then, you'll have your copy to read
D 6 along there.
7 (Charge read. ) [] 8 THE COURT: I've placed a Blueback on the
0 9 io official version of the Court's Charge. place it on the table when you-all enter the room to begin Mr. Montoya·will J
} 1 that proves that they're credible witnesses.
2 Do we have fingerprints on the gun? No, l) '~ 3 sadly, this isn't a television show. Okay. At the end of
4 this trial, you're not going to get a dun-dun; and then, 1 5 Ryan and I go up and talk to the D.A.; and we have a shot
1 6 of whiskey; and it's all over; and then~ we move on to the 7 next case. That.'s not going to happen. That happens on ~ 8 TV. Okay?
9 Ask yourselves, was he wearing a coat? No. J 10 Was there a coat in the vehicle? Yes. Was it within u 11 grabbing distance? Yes. It's a Ford Ranger. The
~ 12 backseat of a Ford Ranger. You can use your personal J 13 experience from outside. Do you remember what the size of
J 14 a Ford Ranger backseat is?
15 You saw Monishia Campbell get up on the u 16 stand and tell you that Dave Greer.was wearing a jacket
17 that day. He wasn't. ',She said she was wearing a u I . '-->--·--·---
18 different jacket that day. She wasn't. (.··She, in fact, ·was ] 19 wearing a camouflage jacket. You saw .it from the front /. seat of Sam Ballew's vehicle. You heard her. You heard ~ 20
21 the surprise in her voice when Rick Ledesma asked her, "Do D 22 you want to claim responsibility for this gun?" "No." u 23 And then, you immediately heard her ask it: ~I 24 "Is Hillbilly going to get in trouble for a long time?"
a 25 You're judges of credibility. You can add J ,. DENISE C. PHILLIPS, CSR ~~--- ___ --.------------~-----~~-~-~~~A~T~~~~-~T R~~~~~ER__________________
I J lj~. 1 two and two together to come to .a decision. And at the 2 end of the day, this is a possession case; and it•s a J 3 credibility case. Ask yourself whose credibility are you
~ 4 going to believe from the witness stand about who
5 possessed that firearm? u 6 Add it up in your mind. When you go back
7 into the jury room, add it up. I think we•ve shown you J 8 beyond a reasonable doubt that Dave Greer possessed that
~- 9 gun in Brazos County on or about February 16th, 2012, that
10 he was a convicted felon and that he was within that
u 11 five-year window. i\) 12 You shouldn't feel bad about finding guilt 0\ 13 in this case if it all adds up because you•re the jury and u 14 find facts. Yo~ judge credibility, and you ensure that we
15 have a functioning justice system in the United States of u 16 America and the State of Texas.
~- 17 Ryan and I are asking you to find guilt in 18 the case and send Dave Greer a message that you don•t get ~ ,, i.!); 19 tb carry a gun artd break the rules, even though he was in
20 jail for not following the rules. You've got to follow u' 21 the rules and hold him accountable and hold him to the
~ 22 same standard as everyone else in Brazos County.
23 Thank you. ~- 24 THE COURT: All right. You used seven
1 25 minutes.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~-----~----~ ___________________ 27-2ND--DTSTRICT-COUR'I'-----~---------- - - - - - - - -
0 168 J 1 But on the other side, if they do not, if J 2 they fail on even one element, you're duty bound to
J 3 acquit.
Now, we talked about the different levels of proof. I'm not going to get into the reasonable suspicion, probable cause. Again, preponderance is more
likely than not, 51 percent. Clear and convincing, again, a firm belief that the allegations are true. We don't have a definition for above beyond a reasonable doubt, but we know it's high. It's the highest burden in the land.
It's higher than a firm belief that the allegations are
n 12 true. u 13 And that's how-- those are the glasses that ~. ; 14 you have to look at each piece of evidence to see if they
15 can come in and establish each one of those elements
16 beyond a reasonable doubt. If they fail on one, you must
17 acquit.
18 You know, there's not an issue as to whether
__ 19 _r;>_ay_i.d_if! _a_cgny_ic::_te_O. felQn. _That's not _an _issue. _Okay._ __
20 We didn't fight the State on that allegation or that ;~ 21 element. We stipulated to it. Okay. That's proof beyond
~ 22 a reasonable doubt. You should not have any doubt in your
23 mind as to that element. And so, we're not really talking ~ 24 about the felon part.
25 The real issue, as the State has correctly J DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~ u'i-----·-------I----------------------2"72ND--DISTRICT-COURT----------------I---- ------------
} l 170 1 jackets. I don't 100 percent know why. She said it keeps 1-. 2 her warm. I don't know. We know that on the day of the
J 3 offense she was wearing the same size jacket herself. And 4 when I and my legal assistant, Theresa, had gone out there J 5 and visited with her, like she testified to, she was also
1 6 wearing an extra large jacket. So, you know, it's not
7 strange that she would wear that. J 8 You heard her testimony that the day before
9 they were arrested -- they were pulled over and arrested, J 10 they got into a fight, an argument. She grabs all of her
~ 11 stuff, and she throws it in the vehicle. Can she
12 specifically remember what she did with the gun? She J 13 thinks she wrapped it up in something. It could have been
J 14 the jacket -- she didn't recall 100 percent --, put it in 15 duffle bag. Okay. She then threw all that stuff in the ~ 16 back of the car. Okay.
~ 17 Now, the officers went through these items, 18 you know, they're inventorying it. We don't have any
~ 19 pictures as to exactly where that jacket was. I'm in no
20 way attacking any of the officers' credibility at all. I ~ 21 think each one of those officers were truthful, and
~ 22 they're good officers. I know most of them. That's not
23 what I'm talking about. J 24 They simply could not recall exactly where j 25 everything was. And I don't know that anyone could, going
DENISE C.PHILLIPS, CSR ~~--~----- ---~--- OFFICIAL COURT REPORTER . ~----··-·------,.-------2-72-N-D-rH-STRT-CT--COURT-------------------- --------- l j J n r J. aJ.J. ~:.ne way Dac.K. 1:.0 .t'eurua.Ly.
2 Now, what could have been done, though --
J 3 what could have been done is a photo taken, right, before
~ 4 the inventory started. Two reasons for that. That may
5 ptotect you on liability, too, because you've got a
J 6 picture of everything right as they entered the vehicle.
7 Now, that would have helped, but we don't have that. J 8 She doesn't know where that jacket was. I
8----------~-- __ __9-__Q_I!_'_!:___~Es>!!_____t hat aJ:!yone wi 11 -~-~~~~P.__?_\17__~~<:1. c~lY~\17 h~ re_!h~!:______________________ 10 jacket was in the back area. We do know that a gun was
~ 11 found in that jacket.
12 When she's initially asked by Investigator J 13 Ledesma, "Do you want to take ownership, or do you want to
J 14 take responsibility for this gun," you know, she said, 15 "Oh, no, it's not my gun." Okay. ~ 16 THE COURT: Seven gone. ··-·--· ~ -- 17 MR. GRAY: She did not say that it was
18 David's gun. Okay?
~ 19 The jacket is interesting. When he comes
20 and he shows the jacket and asks whose jacket it is, and ~ 21 she goes, "that jacket," and she sighs. Why would she
~ 22 sigh? Why would she be upset about a jacket if she knew
23 nothing was in it? She was upset because she knew the gun ~ 24 was in it.
~ 25 Later, she does tell Investigator Ledesma
DENISE C.PHILLIPS, CSR ~ . OFFICIAL COURT REPORTER ~---------- ----------'-~-------2-'7-2ND-DI-S-'I'-R-I-C'I'--C01J-R'T--------------------------- ~---------- 0 ( 0 174 anymore, bnt she does not want an innocent man to be convicted of a crime he did not commit. I don't want th~t ...~ _..__ That's exactly why there is not that sign downstairs like we talked about in jury selection of '
0 6 "Please check your life experiences and common sense with
7 courthouse security before reporting to jury duty," 0 8 because that's not there. Because it's those things,
0 9 those experiences that allow you to do things like judge
10 credibility. Because every day in your life whether you 0 11 realize you're doing it or not, you're judging the
0 12 credibility of everything that's ever told to you by anybody.
0 14 And that's really what it falls on in this
15 case. Because .like Will said, you know, we'd all be in 0 16 trouble if in order to prosecute somebody for, say, -
-rr~ 17 possession of a weapon or possession of drugs or any
18 possession crime, it has to be in their hand or on their
D " 19 person. That's just not the law, and it never has been.
D 20 And it's nonsensical, and everybody told me that in voir dire.
0 22 And so, it gets down to how do you decide
23 credibility and what things do you actually know about a 0 24 case? f 1------------1according [1] 128/18 accepts [2] 121120121121 174/5 176116 179/7 agree [24] 16114 16/18 17117 29114 5611758/6 65/i 65/4 66/1 122 [1] 5/13 SO [1] 105/24 accountable [1] 167/21 67111 69/21 70/3 75/22 94/18 98/5
0 13 [2] 51111 186/20 137 [1] 5/13 14 [11] 312 4/2 5/2 612 7/2 19/25 6 51 percent [1] 169/7 ~5~7.L: accounting [1] 35/19 ll1w.....l5:!..;/1~8~-------laccurate [2] 33/2148/14 acknowledged [1] 180/1 98/22 111/6 128/2 130/24 131/2 132/25 133/2 152/21 153/4 agreed (1] 34/11 20/2 22/2 99/14 99/23 10011 acquit [2] 169/3 169/17 agreement [2] 34/17 153/11
0 144 [1] 5/16 147 [1] 5/16 14th [1] 1/14 6482{2] 1/22 186/16 action [1] 12/16 actions [1] 125/5 active (1] 101118 ahead [23] 7/12 8/3 21110 22/21 26/18 32/14 42/16 76/16 78111 86/3 95/21 107/3 112/13 112/19 15 (11] 21/728/443/2189/25 73 [1] 5/19 -acts (2] 15/14118/1 125/4142/8144/1154/11157/5
0 90/3 90/10 90/11 155/7161/4 161/6 161/10 150 [1] 5/16 74 [1] 5119 77803 [2] 1/23 2/7 77803-3235 [1] 2/12 actual (9] 16/24 21/11 51/15 60/4 74/14 75/15 81/23 95/8 168/16 actually [43] 8/25 16/1 21/1 23/22 162/2 162/4 162/16 168/3 ahhh [1] 91/13 ahhhh (1] 149/10 154 [1] 5/20 78 [1] 5114 32/25_46/2147/148/1251/25_52!1 ahold [1].141/25 - 156-[l] 5120 78703]1] 186/19 52/14 53/14 55/25 57/14 57/17 alcohol [2] 63/7 72/13 IS7 [1] 5121 8 57/21 58/2 58/8 59/6 61122 62/23 alcohol-related [1] 63/7 IS9 (1] 5/21 64/19 66/1 68/20 69116 7li'IO all [138] 9/2 10/25 11/5 11/16 16 [I] 107/15 84 [I] 7119 71118 72/25 73/4 74/18 82/7 85/5 15116 15/21 15/22 18122 19/119/5 16th [15) 22/24 25/15 28/19 79/22 87 fli 5/14 88/15 89/19 90/8 107/2 108116 20/1 20/8 21124 21/25 22/8 22111 82/10 99/21 113/6 113/16 116/13 9 128/2 14115 145/12 145/12 153117 22118 26113 27/17 27/21 29/18 117122 135123 157/16 163/18 177/23 29/22 32/6 32/8 34/21 35/14 35/19 167/9 181116 ~; [[~]) ;~~; add [5] 165/11 165/13 166/25 36/4 36/13 37/15 38/2 42110 42/19 17 [2) 79114 151/4 167/6 16717 43/8 44/3 44117 46/8 47/9 47/20
D 19 [I) 7/19 I978 [2) 27/6 28/7 1:00 (1] 151/23 95 [1) 5/17 97 [1) 5/17 979-36I-4221 121 1124 !86/19 addition [I] 110/13 additional [2] 4I/7 143/25 address [2] 10119 118/24 48111 48/12 48113 49/6 53/4 57110 59/5 59/24 61/13 62/5 62/11 63/7 6411_6 66/20 72116 72/21 75/19 I:30 [5] 151122 151123 151/23 979-361-4320 [1] 2/7 add~~ssed [2] 162/20162/22 76/9 78/2 80117 81112 85114 86/12
0 152/20 153/2 1-'2=.;::;.::_==---------i~9~:0~0..LII~Il--1:.::8:.51 1--------------tA 979-822-4759 [1] 2112 adds [I] 167/13 : :;:..!.1 ::..3 ------fadequate [1] 160/17 adjudicate [1] 121117 86/21 88/22 90/10 95/7 96/9 98/5 98/22 99/13 100/9 100/13 103/10 104/4 105/3 105/16107/20 108/12 20 [2) 21/743/22 1-------------ladjudication [1] 122/5 110/2111/16112/10 114/9ll4/9 2 1 111122
0 2005 [1] 27/10 2012 [IS) 1/14 3/2 4/2 5/2 6/2 7/2 able 191 3116 75124 8119 102115 79122 99121 113/6123/2 135/24 157/16163/18 167/9181116 ability 1 1 03/1 102116104110 104114 118114 141125 admissibility [1] 11115 admissible [4] 14/11 16/20 105/20 105/21 admission [1] 11113 _ 114117 114121- 117/21 118/9 120/3 126/25 127/2 127121 130/20 131/3 133/25 135/17 138/3 140/7 140114 140/17 141118 143122 151121 2013 [1) 186113 about 1121 1 7117 7118 8111 914 admits [1] 14312 15-2/4 152117 154/5 155/20 156/3
0 204 [2) 1/23 186/18 2 4 3 0i~~ ~0i~~ 1 i~1 1 i~~i 1 ~~~~ 13122 admitted [23) 6/4 19/12 19/15 0 160/13 161120 161121 162/3
fl --- -------- ------------------------------------------------------ 8--- Den1se C. Phillips, CSR - 0 State v David Duane Greer 175/5 177/17 179/24 18017 180113 11114112 Vol 4 arguments [3) 123/10 160/9 asking [10) 73/16 98/20 124121 A 185/10 186/10 162/12 124/22 132119 134/16 139/15 all... [27] 162/10 162/25 164/4 anybody [11] 31/13 47/10 56/22 armed [1) 117/2 167117173/11176/13 166/6 167113 167/24 168110170/8 81112 113/20 119/13 124/15 around [12) 29/16 30/9 31/24 asks [1) 172120 171/10 171115 171120 17211 17612 135/19152118 177/13 178/9 32/4 43/24 118/3 126/23 127/4 assaulted [I) 116110 176/6 177/15 178/2 179/24 180/15 anybody's (2] 8/20 130/20 128/24 157123 162/25 168/5 assess [1) 174114 18217 182/15 182/16 183/11 anymore [2) 104/9 176/4 arrest [40) 6/5 615 1314 13/5 assigned [1) 27115 184110184/20 185/8186/5 18617 anyone [4) 60/15 84/11 171125 13/16 16/4 16/7 16/12 17/1218/21 assignment [1) 79/5 allegation (2) 169/20 175/20 172/9 18/25 19/2 22125 23/5 23/10 28/23 assistant [3) 2/6 118/23 171/4 allegations [3) 169/8 169/11 anyone's [l) 104/23 31/21 35/3 63/16 75/4 75/575/11 assist~d [1) 57/14
0 175119 alleged [1) 153/20 allow [5) 18/18 63/21 95/2 95/3 anything (36] 12/15 19110 31/15 32/19 35/12 37/3 39/11 39/19 59/2 59113 6118 65/17 66/10 7317 74/23 83/12 83/22 104/9 104/20 106/5 113/10 113/17 119/4 120/9 120/11 120/14 137/14 138/11 138119 associated [2) 38/23 179/5 assorted [1) 155/15 assume [1) 34/18 177/9 82/4 90/17 92/3 95/8 98/12 113/17 141/5 147117 148/16 157/19 ATF [4) 72/8 72/14 72/22 174/3
0 allowed (2) 63/19 181/4 alluded (1) 60/5 almost (3) 49/25 70/19 85/23 along (1) 162/6 119/9 126/5 126117 126/24 128/24 130/16 131/1 135/8 143/1147/4 149/20150/19152/24153/8178/9 anytime [1) 147/9 arrested (20) 13/4 13/14 13115 16/5 33110 71/3 83/8 84/12 87/8 113/10 113/13 118/17 118/20 121113 128113 131117 170/14 attacking (5) 17/3 17/12 18/21 18/23 171120 attempt [I] 47/6 attention [6) 7/22 79/21 96/16 ALPHABETICAL [1) 5/11 170/20 17119 17119 113/5 116/12 185/6
0 anywhere [3) 52/21 66/20 133112 already [12) 49/3 57/6 64/2 71/16 apiece [1) 152/16 arresting [3) 35/13 74/14 84/20 attorney [3) 213 2/9 99116 110115 11111 115/17118/15 apologize [1) 150/14 arrests [3) 34/23 36/11 6317 Attorney's [1) 69/19 126/20140/18 15112151/3 Appeals [I) 1/4 article [1) 29/5 attorneys [4) 216 160/10 162113 also [36) 11/24 11124 13/3 13/4 appear [3) 38/10 89/8 98/13 articulable [2] 111/9 111118 184/22 l 16/15 16/22 21114 24/14 30/2 appeared [1] 38/12 as [160) 9/18 10/6 11/19 11120 audio [7) 97/19 97/24 98/1 98/4 [_j 30117 36121 47/19 62/2 62116 appears [2) 46/7 184/13 11/22 12/1 12/5 13/1 16/16 17/8 143/21 143/22 144/11 63/16 64/10 68110 68119 76/22 apply [1) 176/25 19/20 19/24 20/12 20/13 20/13 August [4) 9/21 15/4 15/5 96/20 77/6 87/1 89/15 91/17 99/20 applying [3) 176/17 178/5 178/5 21115 21116 21121 21121 24/20 August 29th [3) 9/21 15/4 96/20
D 102/25 108/2 113/13 145/22 148/11153113155/2164/24 168/13 168115 17115 179/19 appreciate [1) 18517 approach [11) 33/14 40/3 45/24 48/1 62/9 89/1 92121 115/2 127/7 26/21 28/3 29/1 31/16 33/18 34/10 35112 35/21 36/20 37/18 4017 40/14 40/18 40/25 48/5 48/15 aware [12) 811 9/19 88/16 93/3 9519 97/4119/10126/3126/4 128/10 132/22 157/25 although [1) 145/7 154119158/17 51/10 51122 53/20 55/19 56/25 away [10) 24/16 35/14 59/18
0 always [11) 16/24 68/5 106/5 131/13 178/11 178111178116 178/19178/19 180/4180/4 appropriate [2) 14/24 182/25 approximately [3) 32/13 79/2 79124 57/5 58/1 58/1 60/10 60/10 60/20 60/25 61112 62/14 62/14 65/6 65/8 65/17 65/17 67/20 67/20 68111 61114 63/3 112123 113123 118/4 177/2 180/22 aways [1) 141/6 am [4] 1811718/18 44118 117/24 April [2) 12/19 173/24 69/24 69/24 71/11 71/14 71124 awhile fll 122/17
0 Amendment [2) 76/21 76/22 are (103) 7/23 8/2 16/3 16/23 74/18 74/24 75/5 78/13 80/15 America [2) 163/7 167/16 16/23 17/2 17/1919/12 23/17 85/24 86/9 87/4 87/14 87/14 87/25 B ammunition [4) 52/22 53/2 5617 25/14 27/15 31110 3211 3217 36/2 89/16 91/4 91/4 9116 91/6 91117 back [72) 12/2113118 I6/II 26/9 115/18 36/4 36/2I 36/21 43/IO 43/10 9217 93/22 94/21 94/2 I 94/2 I 28/I9 3I/2 38/4 39/6 39/8 44/4 amount [3) 10/14 1517 71124 44/15 44116 45/4 47/4 4811 I 48112 95/23 97/24 10111 102/12 I02/21 44/22 46115 49/24 55/5 5517 55/13
:o ample [1] 110124 analysis [I] 14/23 ankle [I] I I8/4 48/13 48/I 6 49/I 5 I/12 51/14 51/17 51122 51/24 52/11 53/13 53/16 53/19 54/6 54/8 55/I6 59/17 104/1 104/5 104/5 104/9 104/9 I 04111 10517 106/18 107/25 10817 110125 11114 111/4 I I 116 111120 58/17 60/10 60/11 60/22 72/9 73/23 74/4 75/25 8011 8017 82/2 84/9 85115 91/1 96/20 I08/24 anniversary (2) -20/15 20/15 59/24-63/I 0-64/8 70/17 72/18 - 112/16-113/9 H3/25 113/25 1 I6/2 H0/7 I-1 4/8--I 14/19 114123 l i 9/I 0
0 anonymous [1) 87/17 another [9) 9/10 44/13 84/1 107/5 128/5 129/2 136114 136/15 146/24 78/19 78/24 79115 88116 9211 92/23 94119 97/22 98/15 101/16 102118 104/3 105/3 109/7 109/9 I I 8/24 122114 12917 132/9 136/14 137/13 137/19 138/4 138/4 139/11 140/14 141/9 141120 141/20 120/25 121124 123/19 123/22 126121 127/1 131116 131120 131123 133/5 133/6 137/11 138/24 answered [2) 132/3 149/21 110/10 111/2 122/11 122/19 142118 144/3 145/10 147/16 148/6 139/9 140/I1 141121 151123
0 answers [2) 86/12 86/2 I anticipate [6) 25/23 26/1 89/18 142111 152/24 153/8 124/11 I24/12 124123 125/6 125/8 125/10 126/2 128/10 I32/22 135/22 135/22 141122 143/21 148/9 148/19 149/1 150/10 154113 I55/7 156/4 156/9 156/9 157/8 157/15 157/18 158/22 16113 16113 155111156/5157/16163/12167/6 168/18 168/19170/21 171116 17211 172/10 174/4 174/7 175/9 any (85) 7/24 8/22 I 11I8 12/1 I I 44113 144/I 5 152/11 152/15 164/8 167/22 I68/ll 168/21 I77/24 I80/24 181/17 182119
0 14/4 14/13 I5/1 21114 21115 32/I8 43/7 46/12 47/9 52/21 54/9 56/18 58/14 5911 59/12 59/18 60/I4 60115 61/7 62119 66110 67123 154/16 158/5 160113 160/25 I63/5 163/10 163111 165/12 16713 167/17 169/8 169/11 169/13 169/18 169123 169/25 170/4 171/19172/6 174/12 174/15 176/10 176/14 178/6 184/5 Backdoor [1) 87/5 backseat (12) 25/2 37/20 60/10 128119 145/25 151113 154125 159/18 166/12166/14 175/6 175119177/2 178/25 179111 ask [29) I 0115 20/6 26/9 29/8 68116 68/24 68/25 69/23 73/20 178/22 0 181110 181/11 185/9 30113 40/8 40/18.48/6 51/18 77/23 74117 74121 74/24 77/7 77/8 87/24 area [13] 9/22 30/6 30/10 30/14 77/24 85113 86116 9117 91/8 93/19 bad (11) 46/25 77/2 134/21 135/1 92/14 9517 95/11 97119 100/24 30/20 32/4 37/23 39/6 59/16 99/8 101/16 141116 146/4 149/24 135/2 135/8 136/4 149/11 167/12 100124 100125 101/24 105/7 107/1 110/11 156/5 159/18 172110 156/24 159121 166/9166/23 167/3 183/3 183/5 108/4 108/6 109/8 109/9 111/13 bag (27) 24/23 38/3 3817 38/10 [J 111114119/9119/24120/3120/4 121/15 122/11 128/10 130125 140/8 140113 142/21 143/24 areas [4) 28/14 6717 67/12 67/15 argue [2) 17/8 107/25 argued [I) 104123 arguing [1) 104/25 17411 17817 18116 asked [26) 51119 5811 73/22 85/21 90/14 98110 114/6 131118 13211 132/17 132/20 133/7 133/10 134/9 39/10 39/15 47/15 47/15 49/.9 69/22 114/2 !14/15 114115 12617 126111 126/14 127/2 128/19 130/6 144112 146/4146/18 156/10 argument (10) 13/25 113/19 134115 136/8 142/15 14317 148/4 140119 155/3 155/12 155112
0 159/10 159/10 163118 169/22 170/8 170/23171118 171/20 173/2 123/7 123111 162/15 162117 168/6 168/14 171110 176/15 149/8 149/8 165/3 166/21 172/12 175/24 181/18 155/19 159/6 159/10 171115 bagged [2] 69122 70/4 State v David Duane Greer 11114/12 Vol 4 85/4 93/11 93/12 93/22 95/23 98/9 bit [23) 23/20 39/21 50/17 55/19 burglary [4) 13/5 13113 13117 B 102/21 105/20 105/21106/9 . 57/3 57/21 61/11 65/6 70/17 74/11 13/22 Baggie [1) 51/II 110115 111115 112116 116110 90/12 90/17 114/8 118/17 12118 buried [1) 39/9 Bahamas [1) 117/18 117/6 119/24 120/4 121/2 121/25 133/1 141/6 144/8 144/21 145/21 business [1) 177/25 bailiff [1) 184/11 12211 126115 126/25 129/19 164/13 174/16 179/9 buvs Ill 103/4 balancing [2] 12110 12110 140/11 140116 141125 142/13 bits [1) 165/11 c } Ballew [2) 136/15 136119 Ballew's [3) 84/9 144/12 166/20 144/3 150/14 151/1 154/13 155/6 black [23) 25/2 31/1 32/23 39/2 157/8 158/6 158/21168/8 171/13 45/6 60/21 82/16 108/9 108/9 cab [7] 37/11 37/19 37/25 3811 38/22 60/16 105/5 ballistics [3) 66/10 95/8 95/11 172/2 172/3 173/18 177/19 185/6 119/312617126111 128/8128/19 bare [I) 80123 before [34) l/16 16/1 16/1 27/11 -145/5 -146/5 15S/3 155112 1SS/12 caliber-[2) 25/22 65/8 barrel [3) 55/10 94/13 95/4 58/6 72/12 79110 82/6 83/21 91124 155/19158/22164/21 164/23 call [22) 26/14 63/19 7817 80/10 base [1) 103/13 9217 92/12 102/2 108/16 108/22 blank [1) 153113 82/16 87/13 87/17 8817 88/13 based [5) 16/25 17/23 17/23 113/17 116114 117/22 123/6 block [3) 32/14 58/18 165/9 88114 91116 95115 99/11 10611 100/24 134119 124/24 125/3 126/19 127/4 129/18 blouse [1) 83/1 107/22 107/23 112/8 132/11 basically [5) 20/12 44/20 88/22 13117 131119 132/3 137/3 160/9 blo'Y [1) 65/15 132/12 132/13 142/2 157/3 96/25 163/4 168/5 171/8 172/3 173/8 17717 blue [3) 11125 12/19 4917 called [8) 2111 24/9 35/9 84/11 basing [1) 101/18 beforehand (1) 7/17 Blueback [1) 162/8 85/3 85/5 89/18 114/5 basis [8) 1311 16/6 17/4 18/3 19/1 began [1) 59/8 boil [1) 164/4 calling [2) 105/12 142/12 I 00123 I 09112 110/21 begin [3) 162/10183/12 185/13 boils [1) 164/5 calls [3) 78/9 86/25 129/6 be [124] 1/15 7/9 9/2 9/16 10/24 behind [20) 23115 32/3 32/11 bond [1) 118/1 CAL VERT [9) 2/4 22/23 26/23 10/251111811/2514/1114/18 37/23 39/6 58/12 58/18 74/11 82/6 bones (1) 80/24 73/14 95/25 122/25 154115 157/10 14/24 15/8 15/20 17/1 17/4 17/11 82/9 128/15 156/6 156/6 15 817 both (12) 7/23 7/25 8/2 33/9 176/15 19/21 21/6 21/9 22/19 24/6 24/11 158/9 178/12 178/20 180/4 180115 50/11 101/15 105/14152/14 160/4 came [12) 1115 8110 8111 51/15 25/24 26/2 34/6 36/24 38/21 38/25 184/22 161111 163/12 175/13 82/2102/6118123 127/24 131115 41/9 43/20 45/9 4617 47/12 48/23 being [26) 15/9 24/15 31/5 32/2 bother [1) 178/12 131123 168/11 180/1 51/14 54/11 54121 57/2 59/11 57/3 70/24 98/12 110113 117/2 bottom [3) 41/25 42/2 62/13 camera [4) 58/9 58/ll 71/8 61125 63/11 65/6 66/2 67/12 70/20 126/19 126/20 131/4 132/22 bought [1) 182/4 145/14 73/3 73/3 75/22 76/8 7817 79/4 136/13 136114 136/16 143/12 bound [3) 168/24 169/2 176/11 cameras [2) 97/22 97/24 ~ 88/4 88/16 89/18 92/24 94/10 145/10 151113 158/10 162/20 box [2) 33/2 37/2 camouflage [14) ~n ~ 94/17 94/20 95/18 9817 98/8 98114 162/21 176/22 178/22 179/23 boxes [1) 23/22 ~ H&'& 128f"l:2"'1~'"1"4"4'ftr 99/8 99/25 100/8 102/16103/12 181/1 bracelet [3) 118/3 140/6 14017 ~~~~ I 03/22 I 04/10 106/6 106/11 belief[4) 65/25 169/8 169/11 brand [1) 65/17 ~g~~H -= r- 106/18 107/15 107/23 109/18 175/19 BRAZOS (23) 117 1117 23/2 27/3 Campbell (67) 5/13 16/5 23/2 109/24110/16 11117111116112/6 believable (1) 183/1 27/8 27/9 27/14 30/15 78/20 79/11 23/4 23/6 23/18 24/2 24/21 25/24 115/5 116/1 117/22 119/25 120/2 believe [35] 7/19 7/20 12/19 14/8 96/3 96110 139/20 139/22 157/14 26/3 26/4 26/6 28/24 29/20 30/6 120113 121119 122/12 127/5 14/10 15/4 15/25 2119 2517 25/11 163/20 163/21165/24 167/9 30/20 3119 31/16 33/10 38/11 128/23 13311 134/21 135/1 136/4 26/5 30/9 45/6 62/4 63/11 65/20 167122 186/2 186/4 186/18 38/12 38/16 38/18 38/23 43/17 141116149115 151111 151/23 6717 6817 68/21 70/25 72/12 82/25 break [5] 76/11 100/ll 113/22 44/5 44/9 47115 52/18 53/5 56/25 152/5 152/15 153/8153119 154/4 100/22 112/11 119/10 148/4 160/10 167/19 57/3 57/6 73/15 73/23 74/2 74/5 154/8 156/24 159/22 162/24 152113 152114 153/5 153/18 155/2 breath [1) 150116 75/9 80/18 81115 81/24 82/21 83/3 165/14 168/11 172/22 175/1 175/6 159/8 167/4 173/11 175/24 brief [5) 9/3 9/11 100/8 152/15 83/6 8317 83/11 83/14 83/18 83/21 175/20.176/4176/9177/151.77118 belong (3) 38/11 38/12 136/6 162/1 85/1 85/3 85/16 86/22 92/6 II 0/6 179/11 183/21 184/13 184/14 belonged [4) 14119 56/24 71/1 briefly [2) 54/14 84/8 112/9 112/15 112/21 144/16 1_84!_24 }_86/_6 186/12 1!19/9 bring [18).15/18 20/19 22/3 22/5 .. 146/19 151/6 157/20164/17 - because [70) 8/6 8/10 11121 11/24 belongings [5) 113/25 114/9 25/10 51/18 51119 78/2 78/5 112/1 164/24 166/15 170112 180/1 15/12 19/1 19/6 26/3 36/24 49/24 115/11 140/12 140/20 112/4 116/17 153/24154/5 160/25 Campbell's [7) 39110 47/24 49/10 52/9 61114 62/22 63/2 63/15 69/3 belongs [2) 129/11 130121 161/21 183/17 183/19 51/23 52/14 52/20 155/20 70/6 70118 70/21 71125 72/20 bench (3) 37/22 142/10 143116 bringing [1) 175/1 can [83) 7/10 7/14 9/10 9/15 80/20 93/17 94/15 94/22 102/13 beside [2) 32/3 156110 broad [1) 111/16 2Wl820/192Wl92Wl434/14 105/16 106/8 110121 111/23 best [3) 30/1 84/4 86/11 brought [2) 7/22 164110 36/5 37/17 41/15 46/8 50/22 54/23 115/12 117/9117/12 124/14 bet [1) 173/8 brutally [1) 173/9 55/19 56/11 56117 60/20 66/14 124/18 125/4125/9 125/10 128/5 better (5) 21/10 27/25 66/2 84117 Bryan [8) 1/16 1/17 1/23 2/7 2/12 68/9 68/10 70/6 71/3 72/1 76/9 128/21 136/8 137/2 140/4 141/1 97/20 30/12 120/15 186/19 7717 82/19 82/24 86/4 86/11 87/21 145/13 153/15 153/18 164/3 164/6 between [14) 2117 51/4 55/20 building [1) 165/9 89/5 94/3 94/17 94/20 95/5 95/14 16417 165/11 165/15 167/13 172/5 56/4 64/14 92114 94/8 99/15 building-block [1) 165/9 97/19 97/20 9917 100/19 I 03/6 172/23 173/6173113 176/19 177/8 IntiS q&/18 151/2315617 bullet [18) 49/16 49/18 49/22 50/4 _106/}0_IQ{i/25. 145/1? 128/2 C) 177/8 1Ti/iOI77115 178110 162/15 164/1 50/9 50113 5115 51115 51115 51/22 130/24 132/25 141/15 143/15 178/13 179/5 179/14 180/3 180/6 beyond [27] 165114 165/16 167/8 52/9 52113 52/20 55/6 55/10 55/21 144/17 145/3 145/12 145/12 J 180116 181/9 168/22 168/24 169/9 169116 156/18 173/19 145/13 150/16 151/20 152/4 152/5 152/9 152/20 152/21 156/4 16113 become [1) 157/25 169121 174/17 175117 175/17 bullets (14) 6/11 51/9 52/21 53/13 bed [4) 37/15 37/16 48/10 49/2 17611 176/10 17811 178117 178/25 54/1 54/4 5511 55116 55/24 56/3 165/10 165112 165/16 166/12 been [74) 12/18 16/24 22/25 179111 179/19 179/21 179/24 70/14 70/17 70118156114 166/25 168/16 169/15 171/11 25/17 26/21 27/5 2717 27/9 28/2 180/11 180112 180113 182/6 182/6 bunch [7] 39/9 114/11 115/13 173/5173/5174/15175110175111 28/5 31116 33/17 34/2 35/21 40/6 182/8 182112 117/16 140/25 153116 155/3 179/11 183/1 183/5 184/23 185/8 40/17 42/17 48/5 52/22 58/18 big [6) 41/25 71/13 95/1 115/12 bunk [1) 9/22 can't [24) 15111 15/11 2417 37/2 63/18 65/18 66/10 67119 69/4 71/5 124/13 140/23 burden [4) 169/10170/4175/21 37/21 68/5 70/20 71/25 89/11 J 72/8 72/9 78113 78/22 79/1 79/8 bigger [2) 57/3 118/13 178/3 94/13 103/2 105112 107/22 107/22
.. i\d:--------- --- -------------------------------------------------------------------------------------------------- Demse C. Phdhps, CSR checked [6] 39/25 40/1 75110 80/4 comes [14] 1611 16/2 31/1 55/5 convict [1] 168/25 [J_ can't... [10) 111119 143/1 143/3 81/2 115/17 152/24153/8 156/3 156/12 165/9 checking [2) 50/19 50/25 58/6 63/2 71/4 98115 138/17 convicted [17] 25/12 25113 25/21 172/19 174/7 174123 180/7 181/4 26/4 99/17 119/24 120/4 120/22 122/7 133/21 134/24 163/23 175/10 180122 chief(3) 9/18 10/6 100/16 comfortable [2] 7/23 8/2 cane [1) 38/3 children [1] 91/8 coming (2) 131/15 131/20 167/10169119174/21 176/5
0 cannot [3) 60/23 68/9 175/4 canvas [2) 155/12 155/12 choose (1) 105/16 choosing [1) 105/17 car (28] 23121 29/16 32/11 59117 chose [1] 121/7 comment[1) 15/8 commit [1) 176/5 committee) (1] 118/1 182/21 conviction (3] 20/13 164/2 176/9 convictions (3] 21/16 77/8 122114 convincing [1) 169/1 63/2171/5 71/8 89/10 90/25 91/l CHRONOLOGICAL [3] 3/1 4/1 common [10]-46/2146/23 47/1
0 105/25 126/16 126/20 131/16 5/1 47/3 168/19176/17 177/1177/6 cool [1] 82/12 136/16 136119 136/20 138/24 CI [3] 101/22101/23111/17 178/5 178/10 cop (2] 27/5 35/21 141/5 144/11 144112 145/25 circumference (1] 94/22 company [1] 84/14 copies [3] 16/4 16/23 161/25 170121 171116 174/22 181/17 circumstances [3] 14/20 56/22 compare [1] 68/3 copy [4] 17/1 107/4 107/6 162/5 corners [1] I 03/20
0 182/25 185/3 56123 compared [1] 174/9 care [7) 7/12 26/10.100/6 170/3 city [I] 30/11 compartment [5] 37/1 37112 Corps [2] 162/24 162/25 179/12 184/25 185/2 claim [4] 132/18 137/24 166/22 37/21 39/6 60/22 correct [115] 11/12 11/15 13/7 carried [I] 170/16 181/10 complete [5] 68/5 85/23 105/20 19/16 29/13 29/17 34/20 3511 carry (4] 100/19 130/2 167/19 claimed [1] 148/5 122/8 122/9 36/24 37/4 41/2147/5 47/17 49/4
0 173/7 clanging (I] 168/5 cars [5] 31/23 32/1 3217 3217 33/2 clarified [I) 142/18 case [70) 7/20 7/24 8/3 8/5 8/12 clarify [3) 46/24 132/8 137/11 completely [1] 138/5 complied [6] 41116 42/11 54/20 56/12 183125 184/12 50/6 56/20 57116 57/23 59/4 5917 5919 59/14 59/25 61/6 61/15 61/19 61123 62/4 62/20 62/21 62124 63/5 9/1810/6 11/19 11/23 12/22 13/2 clean [1] 9/23 computer [1] 36/7 63113 63/17 63/22 64/25 65/3
0 13/11 13/17 13/19 13/21 13/22 14115 17/22 25/20 26/8 44/23 clear [14] 50/20 71/17 108119 computerized [1] 1/18 111/2121/9127/11133/1134/19 concentrating [I] 30/5 47/22 63115 63/24 67/6 68/17 69/9 136/2 15117 151/11 169/7 181/20 concern [1] 181/13 65/10 65/11 65/14 66/2 66111 66/18 67/9 67121 68/3 68/4 68/7 68/18 68/22 69/1 69/2 69/11 69/14 77/12 84/1 84/2 89/9 97/4 99/20 182/20 concerned [4] 108/13 117/23 69/15 70/15 71/2 71/20 71/23 72/4
0 100/5 100/16 101/24 103/8 103/24 clearly [3] 38/23 38/25 143/11 108123 109/24 121/21122/17 125/17131/10 139/11 139/14 client [4] 10113 104/9 108/7 111/14 134/10 174/4 concerning [1] 146/4 conclude [1] 56/24 73/4 73/24 76/19 77/4 77/20 87/15 88/10 88/16 88/23 89/20 93/21 94116 97/5 102/3 121/2 126/12 127/17 127/19 127/24 128/6 142/4 146/23 146/24 146/25 149/1 client's [I] I 02/25 concluded [2] 100115 143/16
0 149/3 154117 160/2 165/8 165/9 cloak [I] 105/12 condition [6] 37/9 38/1 40/14 128/25 129/1 129/4 129/11 129113 166/7 167/2 167/3 167113 167/18 close [5] 48/8 49/12 55/20 160/1 40/25 53/20 116/2 129/16 129119 129/20 130117 177/15 177/24 178/20 179/8 160/3 conduct (2] 84/22 106/19 13 0118 130/22 13 0/23 13 1/9 180/18 180/25 184/17 184/25 close-up [2] 48/8 49/12 conducted [2] 11113 158/11 131/24 132/1 132115 133/8 135/4 185/9 closed [3] 75/19 160/2 160/5 conducting [2] 158/1 165/24 137/4 137/20 148/3 148/7 149/1
0 case-in-chief[3] 9118 10/6 100/16 closely (I] 79/17 cases [2] 27/23 92/16 catches (1) 52/10 closer (I] 105/22 CLOSING [3) 162117 168/6 conference [1] 142/10 150/20151/8 151/14 151/15 confidential [9] 88/8 91123 91/24 154/25 155/4155/16 156/16158/8 101113 101115 103/7 108/3 108/14 159/4 159/19 186/5 caught [3) 135/2 136/5 150/7 176/15 111111 correctly [3) 109/20 169/25 186/9
0 cause [8) 1/3 1116 12/16 95/5 I 09/25 I 09/25 169/6 18617 causing [2) 55/9 55/22 clothes [I7] 12/6 60/24 105/7 114/1 114/10 116/21 117/14 confirmed [1) 75/11 confrontation [4) 10/12 103/1 125/20 126/7 126/8 126/11 12 7/2 109/7 109/11 cost [1) 186/11 could [37] 11/25 29/22 32/15 33/22 47/11 52/5 54/18 54122 CDs-[1]-155112. 130/4 130/5 140/12140/25156/9-- confusion (l) -12118 . - . -55/23 58/20 65117 65/18 66/4 67/6
0 cell (2] 12/3 12/5 Central [I] 27112 certain [6) 63/6 66/25 71/24 clothing [I8] 24/23 29/5 38/2 38/3 connect [1] 175/4 38/8 38/10 38/14 39111 39/15 47/15 47/16 47/19 47/20 47/25 cons [2] 20/12 77/2 consider [1] 176/21 76/3 77/9 87/25 93/18 101/9 101110 112/19 114/1 114/12 116/24 116/24 121116 134121 129/3 143/20 180111 149/18 155/4 155/15 155/21 Constitution [I) 83/15 135/1 140/8 140121 171/13 171/24
0 certainly [3) 130/1 152/7 159/9 cloudy [I] 82112 Constitutional [I] 76/18 171/25 172/2 172/3 173/19 175/14 certified [5) 16/3 16/23 1711 clue [I] 119/11 contact [2) 30/21 67/8 counsel [IO] 22121 34/3 41/3 78/24 79/1 ' ~),,..! 1-1] 6lL~ contacted [1] 101/22 64/21 73/22 liiii 111/4 177/24 certify [3) 186/5 186/9 186111 - coat [17.:]::::;4'4~/~5 contained [6] 49/10 53/10 70/10 178121 186/6 challenging [2) 16/25 18/1 ~J.!.f;.l;;jY;'-:t-/-18:;l.Q&LlL1.0819---' 70/19 155/3 155/20 counted [1) 103/5 0 chamber [7] 52/3 52/4 55/14 64/20 65/6 70/21 94/21 chl!mbered [1) 50/14 . ~J.e~t.J.Q-.1:!74/~0-r7472:fT75/l container [1) 159/11 !-=7-5-~]..:t-5}3--~ cocaine [2] 106/1 120/5 contains (I] 186/5 . contents [2] 54/5 88/23 counter [1] 173/24 country [I] 118/23 COUNTY [26]1/7 1117 23/3 chambers [1) 186/7 cock [1] 55/12 contest [I] 181/9 25/14 27/3 27/8 27/9 27/14 30115
0 changed [1] 143/13 changes (1] 182/2 charge [1 OJ I0/7 152/1 152/21 coffee [I] 182/18 cold [I] 118/13 collected [2] 65/9 174/9 context [3] 12/3 14/20 15/13 continue [3] 83/18 85/16 151/24 continued [I] 183/16 78/20 96/3 96/10 120/8120/14 120/16 138/12 139/21 139/22 157/14 163/20 163/21 165/24 153/4 160/8 160/18 160/24 162/4 college [I) 63/20 control (2] 170/3 179113 167/9 167/22 186/2 186/18
0 162/7 162/9 charged [4] 9/19 153/19 163/16 184/5 charges (2] 120/16 138/12 color [1] 36/23 combined [I] 165/23 controlled [1] 103/4 conversation [27] 10/16 13/21 come [26) 16116 18/18 26/6 41/15 14/3 1511 74/4 97/14 97/21 98/6 couple [11] 8/11 11/17 20/19 30/2 92/20 96/21 I 00/22 115/4 146/22 151/22 162/18 42/2 49/9 54/18 55/23 63/21 67/8 126/3 131117 131/20 13311 134/20 course [2] 10/4 14/2
0 CHARLES [1] 2/4 72/9 75/7 84/12 102/1 114/6 133/6 135/23 136123 136/24 138/18 court[17] 1/3 114 1/6 1122 1/22 check [6) 41118 81/3 89/10 174/3 140/8 160/6 164/14 164116 167/1 139/5 139/9 142/18 143/8 145/22 9116 17/23 17/25 92/25 123/4
.. 0-- ________ --------··-· _____________ ----~emse C~htlh~_:_ CS~---------------------------------- c 164/18 164/25 165/9 166/16 167/8 167/18 181/22 183/3 183/5 depth [I) 27/22 117/12119/11 122/9123/16 court ... [7) 130/13 184/15 186/4 DAVID (43) 118 28/24 29/1 29/20 deputies [2) 23/2 23/8 125/23 125/24 129/18 130/9 132/4 186/4 18617 186/17 186/17 59/8 67/20 69/10 71117 72/1 73/4 deputy [I7.]~57/14 61122 134/5 135/8 135/10 137/22 137/23 Court's [2) 16017 162/9 7317 80/18 8119 87/9 92/4 96/17 62/14 73/23 74/4 74/15 74/20 137/24 138/11 138113 138/15 courthouse (3) 168/20 176/22 112/23 113/6 113/13 113/18 74/24 89/15 90/9 136/15 136/19 143/3 145/23 148/8 148/11 148/11 136/24 151115 155/8 157/25 148/19I50/18 159/9 159/9 165/18 D 177/7 courtroom [7] 17114 29/2 42/22 64/24 109/3 109/8 176/25 114/23 11917 122/19 123/8 132/12 137/17 145/2 146/20147/18 147/21147/23 148/9 157/20 describe (15) 27/I? 29/4 35/2 35/2 35/16 36/16 37/8 37/8 39/5 169/20 171114 173/25 174/1 174/2 181/24 182/3 183/6 covered (2) 117/6 117/8 163/22 169119 17017 170/9 170/11 54/22 82/24 86/5 86/11 144/17 difference [10) 51/3 56/4 56/4 94/8 94/12 94/25 95/1 103/9 0 CR [I) 1/4 170/15 170/16175/16176/3 184/4 145/3 crack [1) 120/5 David's [8) 73/3 11617 118/6 described [4] 32/6 3817 111114 103/13 170/23 crammed [2] 114/17 117/20 148/3 170115 170/23 172/18 155/20 different [20) 27/21 28i14 50/14 credibility [12) 163/11 165/21 174/20 describing (1] 87/14 53/1 55/2 60/17 66/17 66/24 66/25 165/22 166/25 167/3 167/3 167114 day (40) 1/14 23/3 28/20 40/15 description [7) 6/4 14/3 36/22 6717 70/17 119/3 14317 143/8
0 171/20 174114 177/10 177112 177/23 credible [8) 102/22 102/24 103/12 43/5 79/22 82/11 82/22 87/8 II3/17 113/17 114/5 114/5 117/22 123/6 127/4 128/3 128/6 128/25 101/4 10217 I0817 108/14 designed (1] 94/19 detail (I] 89/11 I63/l I63/2 I66/18 I69/4 I81119 181/19 digging [2] 126/21 126/21 109/18 110116 165/19 16611 18117 I29/16 I29118 13117 136/3 136113 details [2) I0/9 II6/I7 dimmed [1) 144/8
0 CRF [I] 113 crime [9] 66/I? 66/24 68/2 68/10 68/11163/16 174/10 176/5 177118 I43/10 I43/11 I45/23 I47111 147/16164/5 166/17166/18167/2 17112 171/8 177/10181/17181/21 detained [1) 59117 detective (11) 27/24 29/12 91123 108/21 108/21 127/21 144/6 dire [4] 163/I5 I65/I6 176/12 177/21 direct (13] 5/12 26/22 74/17 crimes [3] 77/8 119/25 122/12 183/6 186/13 144/2I 146118 150/25 I57/15 74/21 78/14 79/21 88/8 95/24
0 criminal [6) 27/I6 27/19 29/21 7917 157/13165/25 critical [I] 109/20 daytime [I] 3113 dead [I) 140/9 deal [3) 72/20 83/2 83/5 detectives [1) 27/20 detention (12] 9/23 9/24 10115 1617 16/25 17/24 18/2 18/3 96112 96/I6 112/17 144/4 154/14 157/9 direction [I) 55111 disagree [I] 179/9 cross [10] 5/12 57/10 57/12 87/11 dealt [2] 83/2I 83/25 I08/3 IIO/I I1117 disagreement [I] 152/22
0 97/12 111/22 I22/24 147/14 156/1 159115 Cross-examination [8) 57110 decades [1] 165/23 decide [3] 80/I2 85/12 177/22 decided [3) 84/17 84/19 86/23 determinative [1] 10617 determine [I) 1011IO determined [I) III/15 disapprove [I] 175/16 disarray [I) 60/6 discharge [I] 184/2I 57/12 87/1197/12 122/24 I47114 decision [5] 77/11 77/12 77117 did [I72) 10/9 10/15 IO/I7 10118 discharged (2] 25/18 I85/11 156/1 159/15 87/2 167/1 IO/I9 I0/2I 13/23 I9/2 I9/3 20/25 discharges [1) 94/22 0 cross-examine [I) I11122 crying [1) 174/I5 crystal [1) 18I/20 decisions [I) 177/2 declined [1) 13/23 defendant [45) 2/9 7/20 9/I9 9/25 28/22 28/25 30/20 30/22 3I/3 31/5 3117 31/I5 32/I2 32/I6 32/I8 33/2 33/6 33/8 36/I1 3611I 36/15 37/5 disciplinary [1) 10/IO disclose [1) II8/24 discount [1) 174/16 CSI [1) 46117 IO/I6 I4/I6 I6/4 23/I8 24/I 25/20 37/25 38/IO 38/18 38/19 39/2 39/4 discovery [1) 182/24
0 CSR [3) 1122 I86/I6 I86/I6 cultivated [I] 92/15 cultures [1) 163/2 26/9 29/9 30/5 30/20 3II16 32/I2 33/IO 42/23 4317 56/I4 56/18 56/25 57/3 73/I9 8317 84/2 96/22 39/I6 39117 39/I8 39/19 39/23 40/I 46/II 46/I4 47/6 47/22 49/9 49/II 49/I5 49/17 51118 5112I discussion [2] 9/9 96/24 dismissed [2) 13/9 13/IO disorder [I) 9/23 cumulative [I) 17/11 99/15 99/17 I04/9 I23/I6 123/22 51125 51125 52/2 52/14 57/I? dispatch [7] I9/4 74/23 75/6 8112
0 curiosity [1] I58/14 current [1) 79/5 currently [I] I22/19 129/4 I29/8 I29/22 130/15 I45/19 I45/22 157/I9 I62/I4 I63/5 163/22 I83/24 183/25 184/4 57/I9 57/I9 57/21 59/5 60/I4 60/I5 63/24 64/1 64/18 64/18 64/2I 70/25 ?I/17 71/21 74/4 75/5 81/3 87/24 10I/8 dispute [2] 142/12 179/I1 disregard [1) 8611 custodial [1] 1111.1 DEFENDANT~S [13]4/5 9/25 . .75/6 75/6.79/10 79/13 80/12 80/24 distance [3] 58/5.82/9 166/11
0 custody [10] I2/5 33110 43/8 59/9 83/8 I041lll39/20 I57/22 170/3 179/I3 cut [3) I40/7 I40/8 145/5 10/6 32/1I 3317 34/25 37/6 40/II 97/3 9717 I43/IO I54/23 I58/2 defense [I4] I4/I7 14/20 25/I1 8111 8113 8I/5 83/2 83/5 83/11 83113 83/I4 83/I6 83/17 84/6 84/22 8517 85/I2 85/15 86/13 distinct [1] I40/13 distinction [4] 104/19 105/6 I 0517 I09/21 distinctive (1] 145/14 29/6 34/2 41/3 100/6I40/2 140/4 86/15 86/16 92/3 92/10 9517 96/24 cut-off(1] I45/5 142/4 I43/20 I77/24I78/2I I84/9 97/2 97/24 98/13 I00/20 I02/I distinguish [1] 94/3 D cycle [I] 163/I2 cylinder [11] 50/16 50118 5117 52/8 55/1 55/2 55/6 55/18 55/20 deferred (3] I22/5 I22/5 I22/8 definitely [I] 117/I 102/5 103/4 I06/I5 113/17 113/24 114/6 II4/9 114/13 114/13 114/18 115/I5 II6113 I19/9 120115 DISTRICT [8] 1/6 118 1122 2/6 69/19121120 186/4 186/17 division (4] 27/I5 27116 27/I9 definition [1] 169/9 94/I5 95/3 deleted [1) 153/16 I24/12 124113 I25/23 I26/25 29/22
0 D D.A [1] I66/5 deliberations [5] 162/11 I76/18 183/13 I83/I4 I83/I6 d~J!1~a!l.QI [7] 8~/I9_ 86/5 90/13 129/22 I30/l I30/2 130/25 132/6 134/1 I35/18 I35/2I 136/6 I37/13 q7/I9]38/3 I39/5 139/22 140/I DNA [8) 67/2 68/I 68/16 68/16 68/25 I7 4/9 174/9 I7 4/11 do [I78) 7116 7/18 8/2I I0/17 D.A.'s [2) 7/10 13/10 90/18 9I/5 9I/6 9II7 140/3 142/I? I45/18 I46/4 I46/19 13/24 I4/4 I9/17 I9/19 20/21 dad [1] 73/4 demonstrate [I) 54/24 146/22 I47/4 I47/4 I47/9 I48/I4 20/22 21121 22/15 25/5 26/IO 27/2 daily [I] 177/I denial [2) 85/23 91/li 148115 148/I9 148/20 14911 149/2 27/2 27/21 27/22 28/16 2911 29/3 damaged [I] 35/9 Denise (4) 1122 95/16 I86/4 I50/4 150115 153/15 15411 157/22 31/15 32/19 35/6 35/6 35/11 35112 darl\ [3] 45/1 75/15 75/22 I86/I6 157/24 I57/25 I59/6 I65/17 35115 36/17 38113 39/23 40/8 40/9
0 date (15) 15{3 I6/6 25/14 99/20 Il4124 116112 116114 I20/25 137/14139/6139/18 142119 deny [4) 9I/9 I11124 165/4 180/10 department (5) 27/21 36/19 82/20 171112 172/17 I73/l I74/l174/5 I75124 I76/5 I79/17 I80/12 I8117 182/14 40/20 47119 47/22 50119 50/22 50/23 5I/11 53/12 57/I8 62/18 64/22 68/8 72/5 7217 72/8 74/21 142/24 163119 164/2 96/4 96/11 didn't [56) 11/3 14/18 18/4 53/2 74/23 75/1 75118 75119 77/19
0 Dave (17) 23/1 81/24 83/3 12817 132/11151/7I51112I64/11 depend [I) 104/16 depending [2) 101117 102118 58/II 5911 62/22 62/23 63/24 82/4 85/18 88114 89/10 90/21 95/11 77/23 79/10 79/13 80/12 82/10 82/13 82/21 84111 84/21 85/12
.. W-- ------ Demse C. Phillips, CSR D 169/16 169/22 169/22 174/6 effect [5] 14/2 14/12 14113 15/2 58/19 84/20 177/20 fi!Verybody's [1] 88/19 0--- do ... [114] 89/12 94/6 94/25 95/7 95/11 96/9 9619 96/17 96/19 98/10 98/19 98/20 98/23 103/4 105115 174/18 175118 176/2 176/11 17811 15/8 178/2 178/3 178/18 178/25 179112 effectively (2] 142/23 168/9 179119 179122 179/25 180/11 efforts [1] 30/5 everyday [2] 79/19 176/23 everyone [7] 78/7 112/6 145118 106/5106/810711107/11107/17 180112 180114 182/6 182/7 182/9 eight (2] 2116 120115 154/8 165/4 167/22 183/21
0 111/20 111/21 112123 112/24 112/25 113/25 115/5 115/8 115/15 115/19 116121 117/5 118/10 182112 down [16] 31120 37/22 41113 either [13] 8/12 68/25 83/3 121/20134/2 156/20 165/17 41115 54/15 54/18 76/9 95/14 99/7 175/13 176/6 176/6 182/4184/6 everything [14] 24/10 32/4 58/24 61118 89/10 89/11 97/23 9911 117/19 121/11121112 171125 118/10 118/11 12116 121/7 121/11 141115-151120164/4 164/5 173/25 .184/16 172/6 177/12 everywhere [2] 60/12 60/13
0 122/3 125/2 125/5 125/9 125113 177/22 180/7 element [7] 168/21 168/24 169/2 125/20 126/17 129/23 131/15 downstairs [1] 177/5 169/21 169/23 175/17 176/10 evidence (47] 17/22 19/25 25/11 131119 132/17 132/18 134/16 DPS [2] 6711 67/15 elements [4] 163/15 163/15 165/8 25/20 26/7 35/25 36/25 52/15 135110 136/15 136/16 136/20 draw (1] 113/5 169/15 59/12 59/19 67/1 67/5 69/22 69/24 139/8 140/7 140113 140/18 140/19 drawn [2] 2411 33/7 elicited (1] 148/1 70/4 70/7 100/15 103/2 104110
0 140/20 142/6 142/6.143/5 144112 144/14 144124 150/2 152/8 156/10 158/20 159119 160/11 161/5 161/8 dressed (1] 82/22 drew [1] 116/12 drive [2] 63/3 63/13 else [16] 7/14 12/15 14/19 19110 31/13 34/24 52/21 58/19 81/12 81/17 84/7 106/11 124/15 129/7 105/8 105/12 105/18 105/25 106/19 106/23 107/24 108/19 108/19 109/8 110/11 110/24 111/2 161/9161/11 163/17 163/22 driver [5] 32/25 62/1 62/2 62/17 135/19 167/22 142/21 143/4 151/2 151/3 155/7
0 163/23 163/25 164/9 166/2 166/13 166/21 168123 i68/25 169/1 172/10 172/13 172113 173/5 63/11 driver's (3] 61/8 156/6 164/12 driving (19] 18/9 23/8 23/18 emergency (1] 23/15 employed [1] 78/19 empty [3] 55/1 55/1 55/5 156/15 158/22 160/7168/10 168/14168115 168/15 169/14 173/21 186/5 174/19174/25 176/12 176/13 23/20 29/16 31/20 31/23 56114 encourage (1] 181/5 exact [2] 94/11 156/7 176/18 176/19 177/9 177122 72/24 8011 90/20 101/6 101/24 end [11] 26/8 50118 51/7 52/9 exactly [19] 12/14 25/25 46/17 177123 178/8 180/18 180/19 114/24 126123 127/3 128/24 55/17 80117 160/6 166/3 167/2 99/2 116/19 117/20 121/14 121123 180/25 181/5 181/5 182/17 182118 179/15 182/22 180/24 182/18 131/5 133/17 156/3 156/5 159/1 183/5 183/9 185/1 185/2 186/4 dropped (1] 120/17 ended [2] 32/23 32/25 159/17 159119171/19171/24
0 document [2] 36/13 89/4 does [33] 11/18 12/25 21/1121/17 26/3 31/22 31/25 35/2 35/11 35/20 50/9 50/10 59/24 62/14 64113 drugs [1] 177/17 DUANE (1] 118 dubious [1] 162119 due (4] 11/11 70/24 109/15 enforcement [5] 24/6 50/1 59/19 63/7 110/9 engage [1] 36/12 enhancement [1] 21/15 172/9 177/4 examination (21] 26/22 57/10 57112 73113 74/8 78114 87/11 91/21 9311 95/24 97/12 112/17 87/24 89/8 89/15 100/6 115/25 138/12 enough [10] 94/7 110/17 110/24 122/24 137/9144/4 147/14 150/23
0 116/l 121/22 149/10 164/4 165/14 172/25 173/7 173/8 176/4 178/8 182/25 184/9 184/16 duffle (10] 24/23 47/15 49/9 111117160111174/19175/6 114/15 126/7 126/11 128119 155/3 175/20 176/8 176/9 155/19 171/15 ensure [1] 167/14 154/14 156/1 157/9 159115 examine [1] 111122 example (2] 38/19 67/19 doesn't [4] 104/16 140/6 170/23 duly [7] 26121 78113 95/23 112/16 enter [1] 162/10 excellent [1] 185/6
0 172/8 doing [22] 14/23 24/17 28/2 36/2 36/17 38/5 38/6 39/16 44/1 48/15 144/3 154/13 157/8 dun [2] 166/4 166/4 dun-dun [1] 166/4 entered [3] 155/6 158/21 172/6 entire [2] 146/19 170/8 envelope [3] 53/10 53/11 53/22 except [4] 153/11 180/10 181/24 182/3 exclude [1] 68/10 62/1 79/24 80/3 84/24 128/24 during [17] 9/18 10/5 25/16 82/1 equipment [1] 24/24 exclusions [1] 174/11
0 140/20 154123 155/8 158/6 158/14 176122 177111 don't [99] 7/22 8/4 8/6 8122 8/22 82/5 83/2 83111 85/4 93/6 93/8 93/9 136/19 146/18 147/5 147/9 15 5/2 163115 equivocate [1] 125/23 Ernie [1] 41/18 escalated [1] 10/12 excuse [4] 14/11 14/13 48/13 130/25 excused [8] 99/9 99/10 141/17 JOIL11L~Q IJI2l PI~ U/13_11/8. dust[3]69/4_116/U16/1. escalation .[1] J 4/.4_ .141/19 J 56/24 15.71.1 J 59/22 14/10 14/24 17/13 17/13 17119 dusted [2] 70/9 70/11 especially [1] 95/2 159/23 23119 29/14 43/20 55116 56/22 duty [7] 28120 79/22 168/24 essentially (2] 9/22 10/14 execute [6] 18/6 23/5 23/12 28/23 58/12 61/14 62/11 62/19 65/12 168/25 169/2 176/11 177/7 establish [1 J 169/15 75/4 157/19 65/20 65/22 66/14 69/8 69/23 DVD [1] 168/16 established (2] 108/23 142/13 executing (3] 23/25 31121 33/6 69124 71/6 7411 7412 74/17 75/17
0 75/20 76/2 76/23 76/23 78/1 85/5 89/18 91/12 91/12 91/15 91/15 94/11 98/23 101/13 101115 104/20 DWis fll 66/20 E e-mail (1] 152/8 evaluate [1] 180/18 even [29] 14/7 14/18 17/11 46/21 47/4 67/5 68/6 91/8 94/18 101/8 101/23 103/20 105/11 106/9 exercising (1] 179/12 exhibit [56] 6/1 6/4 19/25 20/2 22/2 33/18 34/2 34/4 34/7 34/9 34/13 40/7 40118 40/22 41/5 41/11 104/23 104/24 105/14 105/16 each [16] 4114 92/18 103/5 140/14 106/10 106/17117/3 121/19 42/12 42/20 46/3 4717 48/19 48/24
0 I 08/4 I 08/6 108/11 11119 111/12 111113 117/4 119/21 119/22 121112 122/8 124124 132/11 168/7 168/21 168/23 169114 169115 171/21 175/17 175/19 175122 176/10180123 181119 164/15 167/19 169/2 170113 173/2 174/16 175/9 175/15 175/18 176/8 179/25 49/2 49/6 49112 49/19 49/20 51110 52/23 53/9 53/14 53/24 54/1 54/6 54/lf 54/24 55/2556/18 74/3 139/11J 152117 159/8 159111 EARL [13] 2/10 7117 7/23 9114 Evening [1] 185/16 89/25 90/3 90111 93/23 99114
0 159117 161/7 163/8 167/18 168/20 169/8 170/7 17111 171/2 171/18 171/25 172/7 172/9 173/2 173/6 173/16 173/20 174/5 174/8 174/13 11/1 124/5 129/2 129/21 129/23 152/5 153/5 16116 176/16 Earl's [2] 7/22 141/25 event [1] 173/9 eventually [4] 23/21 42/2 70/9 120/19 earlier (13] 32/7 34/24 41/8 47/14 ever [18] 70/11 72/6 119/7 125/16 99/23 10011 107/8 127/12 128/23 129/22 143/19 143/22 151/4 155/7 155/18 158/22 exhibits (10] 6/3 16/3 16110 16112
D 174117176/5 176/6 178/14 180/20 done (13] 9/7 24/9 50/21 68/17 69/I3 69/I6 69/17 72/8 103/11 I 72/2 172/3 174/2 174110 55/15 56113 57/6 73/19 76116 97/24 14 5/7 I 54/24 15 8/4 early [1] 8/1 133/12135/18 140/9 145118 147/4 162/20 162/2I 170/9170/12 172/9 173/4 173/4 177/12 I80/10 19/15 41/3 48/6 48118 49/5 186/9 existed (1] 19/2 existence [1] 18/23 East [3] 1123 2/6 186/18 every (12] 24/5 55/12 66/23 66/24 exit [1] 55/10 door [3] 44/21 137/5 168120 easy [2] 28/4 46/21 66/24 99/2 168/8 I 68/21 168123 expect [1] 168120 Q doubt [32] 148/25 163/19 165/I5 economy [1] 100/20 174116 177110 181/20 expel [1] 173/5 182/21 184/5 foggy [I] 140/18 generalized [2) 11/20 101/12 E felonies [5] 77/7 119/25 120/3 fold [I] 37/22 generally [I) 7612 experience [10) 16/24 28/12 120/4 120/4 fold-down [I) 37/22 gentlemen [IO) 22/8 76/12 86/1 65/24 66/18 68/1 6917 99/1 165125 felony [6] 99/18 120/10 122111 folded [1) 117/18 100/10 151/21 160/6 161/23 !62/3 166/13 178/6 138/12 138/13 170119 folks [6] 54/21 63119 68/10 94/19 183/12184/21 experiences [2) 177/6 177/9 felt (2) 58/14 61/3 96/2 157111 get (63) 19/4 23/15 23/25 24/1 expert [2) 717 2117 female [1) 93/18 follow (I9) 9/25 10/1 10/19 10/23 33/6 36/8 59/12 63/21 67/16 67/20 J experts [I) 21/2 expiration [2) 20/14 186/20 few (5) 119/23 129/17 137/11 139/13 184/23 11120 11/21 27/21 59/24 80/5 88/19 96/25 97/8 98/10 98/18 68/5 68/6 70/6 70/13 77/3 95/4 101115 104/20105/14 105/16 expired.[2)161/14 183/8 Ficke-[9]-5.1/-l-4c5'T/2Z"6112T61722 -98118-104/5 167/20 176/1176/14 11119 111/19 114/6 116/25 117/1 Explain (I) 50/11 bd/1" "Id.~G-=}4f-24='-1-5-5-!~t-57!23" follow-up [2) 27/21 80/5 _ 117/13 118/24 119/12 121/12 J explained [I) 20/11 exploration [1) 107/24 Ficke's .f-3-)-6~f!-4-89-i'l~/l) Fifteen (1) 161/11 following [10) 1/14 10/2 1017 12/1 13/9 14/21 97/10 98/15 114/5 124/2 129/18 131/19 134/16 136/10 138/15 139/24 140/5 140/5 exploratory [1) 106/19 fifth (3) 20/15 76/21 76/22 167120 141/3 141/21 141/25 142/8 144/7 expose [1) 101/14 fight [3) 123/11 169/20 171/10 follows (7] 26/21 78/13 95/23 148/21 152/4 152121 161/16 166/4 expression [1) 150/8 fighting [1) 124/18 112/16144/3 154/13 157/8 166/15 166/24 167/18 169/5 !73/1 extended [2) 37/11 37/23 file [1] 121/16 foot [1) 140/7 173/13 174/1 174/11 174/17 175/9 extended-cab [1) 37/11 filed (4) 16/9 I 00118 121/25 force [2) 27/12 79/12 177/3 181/3 181/12184/25 185/4 exterior [I) 42/7 184/14 forceful [1) 182/12 gets [9) 61/14 72/21 101/13 135/2
J extra [4) 57/1 118119 128/9 171/6 fill [3) 57/21 62/23 72/21 extrinsic [2) 142121 143/3 eve Ill 158/13 filled [2] 61/22 155/8 final [5] 121/21 160/8 160/9 Ford (7] 37/11 84/6 84/8 144122 166/11 166/12 166/14 foregoing [1] 186/5 140/9 162/14 177/22 178/21 182/2 getting [9] 32/20 34/23 37/10 43/16 83/24 115/11 134/10 147/7 160/24 162/12 Foreperson [1) 184/12 178/15 F finality [1) 16411 forgot (3) 7/16 7/18 161/25 girl [1) 38/16 face [1) 79119 finally [9] 81/9 99/9 99110 141/18 form [13) 6/12 36/19 62/22 62123 girlfriend [3) 23/1 179/25 182/23 facilitate [I] 32/20 156/24 157/1 159/22 159/23 72/21 89/25 90/3 153/12 153/22 give [7] 15/22 62/12 87/21 97/20 facing [I) 15I/12 173/22 15 5/8 160/24 163/1 0 184/13 111123 150/5 160/11 fact (24] 5311 53121 5711 66/14 find [29] 14/24 19/2 21/11 24/21 forward (3] 55/8 112/22 145/21 given [1] 168/19 75/21 88/9 9317 93117101/18 25/1 2517 2517 26/9 37/25 40/1 found [38] 36/21 3817 40/2 40/25 giving [1) 21/20 106/4 106/6108/13 109/15 109/17 46/2146/23 47/147/6 49/16 61/18 45/17 45/20 49/18 50/13 52/21 glasses [I] 169/13 118/5 119/11 134/15 137/25 69/8 70/S 105/6 133/11 I40/8 53/14 5417 64/3 65/9 68/21 69/9 glove [I] 37/2 163/10 165/12 !65/20 165/20 153/18 165/12167/14 167/17 74/3 85/4 85/9 93/3 93/18 93/24 God (1] 168/19 166/18 176/23 179/4 182/24 !83/9 184/3 104/4 105/3 !05/5 110/16 133/7 God-given [I) 168/19 facts (6) 106/I3 111/9 111120 finders [3) 163/10 165/12 165/20 133/16 134120 143/12 150/1 goes (8]· 52/23 SS/7 58/S 97/23 165113 167/14 178/23 finding [3] 110/24 158/21 167/12 153/19 154/24 155/3 155/19 105/23 I 08/24 111/5 172/21 fail [2) 169/2 169/16 fine (4) 9/2 17/10 153/17 161/10 156/14 172/11 173/14 175/1 going [125) 7/5 7121 8/3 9/16 10/2 fair (31] 33121 38/21 38125 43/20 fingerprint [2] 21/2 116/1 four [6] 79/9 103/20 143/7 143/8 10/13 10/25 12/3 12/4 14/4 14/17 48/13 5012 51/14 60/6 63/8 64/24 fingerprinted [2) 173/23 173/23 181/18 181/19 15/8 16/216/18 17/4 17/15 18/17 65113 66/21 70/7 71/14 72/2 72/4 fingerprinting [I] 46/9 frame [4] 25/16 55/20 55/22 18/18 18/19 18/2219/8 19/24 74/11 75/18 88/20 98/7 98/12 fingerprints [7] 21/1 46/12 46/20 99/21 23/24 24/3 24/6 24/11 24/20 25/6 98119 98/20 98/24 116117 I 17/23 46/21 47/6 166/2 173122 free [1] 185/3 25/10 25111 25117 25/19 25/23 120/22121117 138/6139/17 141/6 fire [7) 52/5 52/9 66/14 94113 fresh [1] 168/11 25/25 26/2 26/5 2617 26/8 33/13 fairly [3] SS/19 56/3 91/18 94/20 127/18 165/1 friendly (3] 92/17 92/17 131/13 33/17 34/23 35/5 35/13 36/3 36/8 _ ~irnes_s g) __6~/1_1 _1_?61] ___ - - firearm_[10]_9/20__42/l3_66U3_ _front_[21) J2f_7_17/JU7/18 18/13_ 40/6.40117 _41/17__42ll _42/15 43/15 ~. fall [1) 64/13 95/6 164/6 I 6417 167/5 173/3 23/22 25/8 32/24 43/17 50/23 45/10 46/2 47/13 47/14 47/24 48/4 u falls (1] 177/14 familiar (3) 54/21 60/2 94/7 173/4 184/5 SS/17 SS/18 58/23 60/10 64/22 53/9 56/2 5617 71/5 73/23 80/11 80/23 83/17 84/25 85/14 86113 firearms (6] 28/16 28/17 50/1 7117 76/2 76/3 109/8 151/12 familiarity [1) SOil 54/22 72/14 72/17 166/19179/10 89/4 89/18 90/16 91/2 93/12 93/20 far [15] 21116 21/21 SS/7 58/1 fired [2) 94/17 173/S full (5) 37/20 47/16 70/5 70114 I 05/1 S I 06/1 106/2 107/2 110/20 58/17 62/14 65/17 91/4 91/6 104/S firing [I] 55/8 159/6 111/24 113/9 113/20 113/21 115/5 110112 113125 138/4 156/9 161/3 firm (3) 169/8 169/11 175/19 full-sized [1] 37/20 120125 121/6 123/8 123/22 125/4 fast (2) 58110 145/21 first (19] 2017 26/14 26/21 37/15 function [1] 95/3 133/S 134/15 136/10 13717 137111 feasible [1) 62/2 48/4 49/6 73/16 78/13 81/6 95123 functioning (1] 167/15 140/17142/5 143/21144/20 February [31) 12/18 22/24 25/15 96/S 112/16 120/3 125/16 157/8 further [I5] 34/18 48/22 90/6 145121 150/2 150/6 150/25 152/2 27/9 28/19 43/2 69/13 79/21 82/10 162/13 162/2016817 175/25 9017 95113 9916 99/13 110/19 152/12 152/15 15317 154/3 155/6 99121 113/6 113/16 116/13 117/22 first~hand [I] 81/6 141/13 143/24 151/19 156/23 158121 162/3 163/12 166/4 16617 120/9 120125 121/25 123/1 135123 fit[6) 52/3 52!4 5712 65/5 93/18 i5912i IS6/9 1S6/11 - 166124 167/4 169/5 171/25 173/12 137114 139/6 140/11 147/17 173/lS 174/4 174/20 174/25 175/23 179/9 148/16157/16 !63/18 164/lS fits [1) 94/21 G 181/10 181/12 167/9 172/1 173123 181/15 five [4) 20/14 25/17 164/1 167/11 Galveston (7] 120/8 120/14 gone (3) 80/4 171/4 172/16 Federal (2) 72/20 72/21 five-year [I) 167/11 120/16 122/4 122/16 138/12 good [12) 7/3 7/4 26/2 26/24 77/1 feedback [I] 184/25 fixing [1) 153/21 170/19 82/9 96/1 110125 111/2 121/12 feel [I] 167112 flip [2) 82/19 !84/1 garments (I) 117/15 131/13 171/22 feels [I] 25/5 Flipping [1) 155/11 gasping [1) 91/13 got [60) 8/20 917 12/6 12/20 !2/21 felon [14) 9/19 25/12 25121 26/4 flowery (2] 128/9 182/7 gave (2) 86/13 I 64/25 13/15 13/18 13/19 19/21 21/16 117/12 133/21 134/24 163/23 focus (1] 10/4 general [4) 11/22 12/13 15/15 32/11 45/1 4617 10514 105/15 167/10 169119 169/24 174/22 focusing (2] 62/13 68/13 178116 105/24 105/25 107/5 109/17
.. T d--- --- Demse C. Phillips, CSR J State v David Duane Greer 11/14112 Vol 4 133/24 134/4 134/4 134/6 134/6 90/9 95/23 98/6 112/16 127/5 Hillbilly's [10] 132/14 134/5 G 134/6 134/8 134/20 135/2 135/20 131117 131/20 133/24 134/20 135/25 136/9 137/15 137/22 139/2 got. .. (41] 1!1111113/19 114/6 135/21 135/24;135/25 13611 136/5 144/3 149/13 154/13 157/8 142/15 170/22170122 114/24 121/4 122113 122/13 12317 136/6 136/9 136/11 136/20 137/19 he'd [2] 25/17 129115 him [109] 7/119/231011510/17 123/23 126111 127/4 127/15 137/20 138/1 139/2 139/2 139/24 he's [21] 7/9 9115 10/6 11124 12/5 10/19 10/22 12/3 12/6 1217 14/21 128/11 128/12 128/15 128/15 139/24 140/10 140/13 140122 18/1 29/5 29/6 76/15 89/18 I 02/24 15/9 18/5 2017 21/2 26/2 26/3 29/4 129113 131/17 136/5 137/3 141/20 140/24 142117 142/19 143/10 109/1109/2109/3111116131/11 32/14 43/8 58/23 59112 76/8 76/15 J 141/24145/8 147/8 147110 151/22 146/20 146/20 147/5 14717 147/8 145/3 145/5 174/22 174/25 183/4 79/17 82/6 96/18 96/18 96/25 152113 163/3 167/20 168/10 147/10 147/10 147/16 147/18 head (7] 86/9 122/15 122/21 96/25 97/8 98/17 98/20 98/21 171/10 172/5 173/3 173/17 173/17 .147/20 147/21 147/24.14811 148/2 123/3130/.12 131/12134/12 102/2 102/2 102l14 102/15 102/19 174/2117917 180122 180/+4 148/5 148/20 148/20 148/21 hear [15] 7/24 24/19 24/21 25/10 108/16 108/16 108/22 112/25 182/11 182/21 149/20 150/18 150/19 154/24 25/19 25/23 26/5 75/6 77/3 102/11 11311113/23114/5114/6117/9 gotten (1] 120/16 156/14 156115 164/22 165/10 149/10 150/15 150/16 160/9 117113 118/4 119/12 119/17 grab [3] 114/2 114/9 114112 166/2 166/22 167/9 167/19 170/2 162112 119/18 123/2 124/8 124114 124114 grabbed [12] 114/1 114/2 114/8 170110 170/12 170/13 170115 heard [8] 74/23 150/15 164/17 129/11 130/21 131/3 131/15 114/10 114/10 115110 115/13 170/15 170/16171/12 172/10 165/19 166/20 166/20 166/23 131/20 131/24 13217 132/8 132/11 116/20117114 140/12 140/23 172/14 172/15 172/18 172/23 171/8 132/12 132/13 132/19 13417 134/8 141/1 173/1 17317 173/10 173/22 174/4 hearing [5] 8/3 16/17 17/5 106/25 134/9 134/15 134/17 135/1 135/2 grabbing [1] 166/11 175/4 175/4 179/20 179/20 179/22 121/21 135/9 135/13 135/15 135/25 !36/1 grabs [1] 171/10 181/10 181/11 181/11 181116 hearsay [9] 16/15 16/2018/18 136/4 136/6 136/9 138/16 139/23 gram [1] 120/6 181/22 182/4 182/5 182/5 182122 18/19 19/6 80115 85/24 87/5 140/3 140/10 142/1 143/9 146/4 Granberry [1] 2/11 182/24 103/20 152/5 15817 159/3 159/9 164/14 GRAY [20] 2110 2/11 16/8 17/21 gunpoint [2] 33/1 33/5 heat[3] 114/11 116/23 124/19 165/1 165/3 167121 167/21 174/20 26/10 57113 74/9 87/12 93/2 97/13 guns [1] 72/17 heated [1] 123/9 175/4 179/5 180/8180/16181116 112/7 112/13 112/18 127/11 guy [7] 8/25 96/16 131/11 140/8 heavier [2] 39/21 ~9/24 181117 182/4 183/5 183/10 137/10 147115 156/2 159/16 168/1 142/25 158/6 182/21 heavy [2] 25/6 61/3 his [82] 7/21 8/25 9/22 10/22 1118 168/6 guy's [1] 11/7 heck [2] 149/25 15011 12/1 13/24 14/18 23/1 25/9 25/9 GREER [57] 1/8 8/6 20/9 20/11 !!UVS J4f 43/4 113/21 119/14 121/1 held [2] 1/15 1117 25/21 25/21 25/22 56/14 71/18 22115 23/1 23/4 23/6 28/24 29/1 help [4] 11/19 28/23 153/11 183/5 71/21 72/2 73/9 79/19 86/19 86/20 29/20 31/2 31/9 36/14 38/11 62/20 H helped [1] 172/7 97/9 98/19 99/16 118/3 118/9 67/20 69/10 71/17 72/24 72/25 habitation [2] 13/5 13/13 helping [2] 3311 157/19 127/12 127/15 127/22 129/4 73/7 74/25 75/9 76/17 80118 81/10 hair [1] 65/2 her [71] 24/23 26/6 39/10 47/16 129/11 129/13 130/20 131/4 81/24 83/3 86114 86/16 86/22 87/9 hairs [1] 138/4 71/6 71/14 83/14 83/19 83/19 132/11 135/19135/21 135/24 87/14 88/4 88/9 90/20 92/4 96/17 half[2] 78/23 79/14 83/25 84/5 84/6 84/6 84/7 84/8 136/1 140/9 146/7 146/8 146/10 98/6 98/25 99/1 112/23 119/7 hallway [1] 125114 84/9 85/19 85/21 86/5 86/5 86/9 146/11 148/11 148/12 149/22 128/15145/2157/20 163/22 hammer [3] )5/5 55/7 67/12 90113 90/17 91/3 9114 91/4 91/6 163/6 164/1 164/25 165/3 165/4 164/12 164/18 165/10 166/16 hand [11] 20/9 22/9 25/8 45/13 91/12 92/7 92/15 93/19 93/20 165/6 165/10 174/21 178/24 167/8 167/18 183/4 183/5 184/4 81/6 89/4 162/2 165/10177/18 141/21141121142/1142/15 178/25 179/1 179/2 179/2 179/5 Greer's [10] 23/7 72/1 146/20 185/2 186/13 142/18 142/19143/7 143/13 179/14'179/20 179/21 179/21 147/19 147122 147/23 151/7 handcuffed [1] 59/18 146/22 146/24 146/25 147/2 147/5 179/22 179/22 179/23 179/25 151/12 164/25 181/22 handcuffs [8] 1217 59/9 104112 148/4 148/6 148/14 148/16 149/8 180/1 180/1 180/10 180/25 181/1 Grimes [1) 25/13 113/10 113/14 138/22 170/20 150/8 150/15 150/16 166/20 18111 181/16 182/22 182/22 grounds [I] 11118 174/23 166/21 166/21 166/23 171/2 17115 182/23 183/7 183/7 . g1J.C:~[2_1] ~/4.l21JQ .2.8/§ 5_8/9 - hande_ljJl] _54{~ .... -. 17J/8J71llO_L73/U731l418116 _ hold [3].8/19_167/21J67/2L . 58/17 58/20 59/8 60/16 61/4 61/22 handle [2] 67/12 119/7 181/10 181/13 181/18 182/l holding [3] 45/4 45/6 45/21 64/3 64113 67/4 71/4 72/11 87/14 handled [3] 70/5 88/16 170/9 182/23 182/24 183/1 hole (1] 119/19 90/20 96/21 98/8 115/25 118/22. hands [2] 67/9 140/9 here (42] 8/25 9/14 10/1 10/7 holes [1] 55/2 148/16156/21 173/5 happen [10] 8/14 51/6 63/23 11/21 14/21 25/10 29/2 29/6 36/8 home [2] 123/21 123/22 guilt[5) 11114 11119 77113 167/12 63/24 106/3 113/18 116/14 135/8 41/15 43/13 43/15 44/3 44/6 44/22 honest [1] 25/24 167/17 139/5 166/7 45/5 51/18 54/19 55/23 55/23 honor [7] 9/19 41/12 109/20 guilt/innocence [1] 77/13 happened [20] 8/7 10/11 13/22 63/15 66/2 89/12 I 06/3 107/19 162/19 162/21 183/23 184/8 guilty [8] 7/20 22/17 22/18 26/9 14/5 32/10 32/22 33/22 80/6 82/5 I 09/11 109/25 118/16 127/12 Honorable [1] 1/16 153119176111 183/10 184/4 121/3 137/3 138/18 143/14 145/8 141121 150/25 153/14 162/19 hood [1] 37/2 gun (169] 14/18 25/7 26/6 45/20 163119 163/25 164/2 165/17 182/3 162/23 164110175/12 175/15 hoody [1] 128/12 46/4 46/22 47/2 49/2 50/9 51/5 53/21 54/7 61/4 61/5 63/21 64/20 67/6 68/21 69/25 70/9 70/18 70/19 183/7 happening (1] 140/17 . happens [S] ·35/8 84/17 84/18 178/21 179/7 181/4 185/4 hereby [1] 186/5 herself[l] 171/3 hopefully [2] 152/20 160/11 hqp!ng m ! 62/22 house [2] 117/2 123/12 71/21 71/25 72/2 72/5 72/8 73/7 166/7 176/25 hesitation [1] 125/24 Houston [1] 21/2 73/9 74/3 85/9 85/11 85/15 85/18 happy [1] 98/14 Hey [2] 170/21 174/23 how [48] 11118 19/2 22/15 27/5 86/24 87/8 90/21 94/12 95/9 106/1 hard [5] 42/21 45/5 75/23 124/17 hidden [1] 82/17 2717 28/2 28/6 29/24 35/2 35/3 114/2 114/10 115/15 116/4 116/7 153/18 hide [1] 124/8 36/16 36/17 46/17 54/23 58/10 116/9 119/7 119/10 119/18 123/16 harm [1] 104/10 high [1) 169/10 58/17 75/6 75/6 78/19 78/22 79/1 123/20 124/2 124/24 125/3 125/7 hasn't [1] 111115 higher [1) 169/11 79/8 79113 81/1 82/21 86/7 88/16 126/14 126/24 127/5 129/22 130/2 have [234] highest [1] 169/10 94/6 94/9 I 03/3 I 03/3 I 03/4 I 08/4 130/3 130/16131/2 132/18 132/20 haven't [4] 62/12 109/17 150/9 Hillbilly [9] 132/9 132/12 132/13 111114 111/20 111121 112/25 132121132/21 133/7 133/10 170/4 134/10134/15 136/10 137117 113/2 115/8 127/22 136/4 152/11 133/11 133/12 133/16 133/19 having [17) 7/24 26/21 36/7 78/13 166/24 181/12 161/5 165/16169113 177/1 177/22 J State v David Duane Greer 173/20 186/6 11114112 Vol 4 17/24 24/9 24/10 24/18 25/5 3 5/18 171/6 172/15 173/2 173/4 174/11 H Including [1] 28/16 35/20 36/3 36/12 36115 36117 174/13 175/4 175113 175114
l- how ... [1] 182/1 however [2] 13/4 20/22 huge [1] 140/25 incredibly [2] 152115 152115 incriminating [1] I 06/19 INDEX (5] 3/1 411 511 5/11 6/1 36/20 36/25 37/5 3717 38/5 38/6 39/16 48/15 57115 57/19 57/20 57/22 59/23 61/13 62/1 62/6 6311 175/15175/16177/8 177/20 178/10 178/13 178/23 178/24 179/1 179/5 179/5179/17 179/17 huh [51 18/821/4 21/13 85/22 indicate [4] 98/11 137113 140/1 84/21 84/22 84/24 88/15 88/22 180/25 18111 182/19 182/25 183/6
l 132/6 hurts Ill 70/6 I 148/15 indicated [19] 1112 20/25 2115 59/22 6112 61/12 61/21 64/18 66/IJ69/3-70/23 74110 87113 89/6 8917 89/25 90/3 104/1 104/2 104/3 104/6 104/16 105/2 105/3 105/4 105/13 105/15 105/15 105/19 105/20 105/23 106/2 106/5 18317 item [2] 140/14170/4 items [27] 36/4 36/20 37/13 37/25 38/2 38/22 39/'7 39/13 48/10 60/17 I'd [3] 20/6 54/3 175/25 10112 13911 147/18 149/8 170/25 106/8 106/14 106/18 107/23 60/25 61/13 104/4 105/3 105/5 J I'll [19) 8/12 8/20 911 15/22 51/11 174/10 54/25 57/8 73/12 7417 76/6 7617 indicating [6) 42/22 43/13 44/3 107/23 11113 14119 154/23 155/2 15517 155/9 156/13 158/1 158/6 105/16 105/24 106/3 114/1 114114 114/18 114/22 115/4 115/10 79/21 87/5 93/22 133/6 153/8 45/2 55/9 55/24 158/10172/4173/21 126/21 141110 171/17 155/24 159114 159/20 indications [1) 65116 inventory-type [1] 59/23 its [3) 60/21 I00/5 142/4 I'm [86) 10/1 10/2 1017 10/13 inventorying [31 44/I6 47/18 itself [91 25/4 42/5 70/9 70/18 u ll/21 14/21 16/9 18/18 18/21 indicted [3] 12/21 13/1913/21 indicting [1] 44119 171/18 75115 77/25 95/5 109115 180121 18/22 19/8 25/25 26/8 27/3 27/16 indictment'[Sl 22113 22/14 22/16 investigate [1] 110/19 33/13 33/17 34/22 38/6 40/6 40/17 99/19 184/5 Investigated [1) 84/1 J 41/17 43/12 44/22 45/1 45/6 46/2. individual [15] 8/2 23/1 29/2 investigating (2] 85/16 85/20 jack [1] 24/24 u 46/24 48/4 53/9 56/2 78/20 81/20 99/17102/12 I08/20 108/22 89/4 9417 96/3 96/10 97/23 98/3 investigation [71 27/16 27/19 108/25 109113 110/5 110/5 110/14 27/22 29/22 9317 93/8 93/9 jacket (166] 6/10 25/3 25/4 25/4 25/8 25/9 25/22 39/3 39/I7 39/25 98/11 98/12 108112 I 11/24 118/14 I I 8/1 144/21 144/24 investigations [21 80/5 165/25 40/10 4115 41117 4I/22 41124 42/6
~ 124/6 124/21 124/21 124/22 125/1 individuals [4] 1817 23/10 28/23 investigative [1] 110/1 4317 4511 45/6 45/2I 46/4 4817 125/4 12517 126/22 136/2 136/8 144/13 investigator [33] 27/3 27/24 56/17 56/21 56/23 56!24 57/I 57/6 13717 140/9 144/20 145/21 147/25 inform (1] 11017 29/12 44/10 75/8 75/13 78/20 7917 60/21 60/25 6113 71125 72/1 73/15 I 49/17 149/25 150/2 I 5017 150/25 informant [191 80110 87118 87/19 80/2 81119 10112 109/14 111113 73/20 82/I 8 83/I 85/10 85/11
~ 152/2 15317153/17 153/21 155/6 87/22 88/8 91/23 91/24 92/3 131/10 132/17 133/5 I33/I5 134/3 85/13 85/15 85/18 85/20 85/21 157113 157113 158121 159/1 162/3 101113 101115 101117 102/19 135/18 137/2 137112138/5 138/19 86/17 86/24 90119 90/21 9113 9114 162/22 163112 163/13 168/4 168/5 10317 103/11 108/3 108/15 108/20 139/10142114 154/22 157/13 91117 91118114/11 115/5115/6 169/5 171119 171123 176/2 176/13 109110111111 158/1 158/10 158/20 165/3 172/12 11519 118/6 118/18 119/1 119/2 179/9 184/21 information [17] 19/3 21/9 61/8 I72/25 123/16 127/2 127/12 127/13
J I've [16) 9/14 27/9 41118 51110 751775/8 8116 88/3 101/3 101/25 investigators [3] 27/20 141/9 54/5 58116 63/23 65/24 77/6 10715 10817109110111/23119/9147/1 16516 127i22 128/2 128/5 128/6 12817 128/8 128/9 128/11 128/12 128/16 128/22 128/22 129/4 129/11 130/2 122/13 122113 141124 152/13 150/5 153/12165/11 involved [21 29/24 81/23 162/8 162/21 infraction [11 10110 Iraq [2] . 163/2 163/3 130/21 13114 131/23 132/1 132115 idea [41 130116 130/25 136/20 132/18 133/8 133/12 133/16 134/5 J ,,! 152/21 identifiable [21 47/2 10118 initial [6] 1617 18/2 18/3 69112 82/5 108/3 is [457) isn't (5] 104/13 104/13 162/23 initially [4] 14917 150/17172112 166/3 175/3 134/5 13611 137113 137/15 140/13 140/22 140/24 142/14 144/19 identification [5] 33/18 4017 175/22 issue [12] 61115 10017 103/25 145/19 146/5 146/9 146/10 146/15 40/18 48/5 51110 initiated [11 23/8 104/5 104111 142/16 169/18 147/25 147/25 149/8 149/9 149110 u identified [I4] 29/9 31/16 31118 innocence [3] 11/19 77113 163/6 47/12 101/19102/21108/13 innocent [1] 176/4 169/19 I69/25 175/4 179/10 179/10 149/12 149/13 149116 149/20 149/21 149/22 149/22 149/24 I 08/24 10911 109/2 109/3 109/3 . inquisitoriaL[2] __ 163/3_163.!4 _ -·-- issued.[l] ..22/2L _____ .:_ _ _149/25_1 50/Ll50.!6.J 511_7 154/24 ~ --- · 1<i9713To9716 ------------ inside [6] 42/5 44/20 44/24 issues [4] 7/24 20/25 108/2 138/16 155/18 156/4 156/14 158/23 159/2 identify [4] 75/24 102/2 102/15 155/19 156115 159/5 It'll [1] 79/4 159118 164/14 164/17 164/18 108/16 instruct [21 10/17 10/19 it's [133] 9/16 10/25 11/22 11/22 164/19 164/20 164/21 164/23 identifYing [2) 6117 173/18 instructed [1] 9/23 12113 14/17 15/8 15/12 I5/15 16/8 164/25 165/3 165/5 165/5 165/6
~ III [1] 1/16 ... instructions [21 1'85/8 I85/10 16/15 16/24 17/8 17/9 17/9 19/23 166/16 166118 166/19 170121 illegal [9] 52/18 53/4 100/23 intend [3] 10/5 10/9 77/23 19/24 23/927/20 35/8 37111 37/12 170/23 171/3 17116171/14 171119 107/25 130/16 13111 133/24 intends [11 9/17 37/21 37/22 41118 41/20 4217 172/8 172/10 172/11 172/19 149/19 149/20 intent [1] 10/4 42/21 43/24 45/4 4617 46/9 46/23 172/20 172/20 17212 I 172/22 image [1] 180/21 intention [41 101/14 113/21 47/3 49/23 50116 50117 50/20 55/1 179/21 179/21 179/23 179/23
~ immediate [2) 91/4 181/13 116116 119/21 immediately [81 23/19 32112 91/9 intentionally [2] 164/6 170/1 133/18 145/8 166/23 182/23 185/3 inteJ"_t:Sti!Jg [I] 172/19 55/5 6111 61/25 63/19 64/14 65/25 66/13 69/22 70/5 77116 78/17 S.Y.H>. 84Ll58.4/17 84/L8 24124 180/10 18111 181/2 I82/8 182111 182/22 jac~ets ltl 43/482/!7 118/9 impact [2] 55/9 55/22 in~erior [4] 42/8 60/4 60116 76/4 9511 95117 95/17 9617 98/19 118/12 118/13 171/1 impeach [3] 7717 142/22 14311 interrogation [1] 1i/11 101/14 103/3 104115 105/17 jail [29] 9/21 10/6 12/3 12/5 12/15 J important (2] 176/20 176/21 in-car [I) 144/11 interview [3] 88/1 93/20 182/3 105/22 105123 106/24 106/25 13/12 13/18 13/1914/16 15/23 24/3 35/6 96/14 96/22 97/4 97/9 interviewing [2) 93/11 93/13 107/24 111/17 115/18 120/22 in-depth [I) 27/22 intoxicated [2] 63111 63/11 124/17 126/2 128/14 133/14 134/6 120/20 122/1 122116 136117 137/3
~ inadmissible Ill 14/12 introduce [6] 9/18 10/5 26/25 134/6 134/8 142/13 144/1 145/2 139/6 139/15 139121 142/20 incarcerated [21 12118 15/9 78/16 96/1 157111 147/23 148111 149121 149/22 148/15 148/16.167/20 17311 incident [4) 12/24 15/23 104/8 introducing [I] 17/13 149/22 150/14 151/2151/3 152/25 jailer [1] '10112 104/20 inventoried [1] 59/6 153/15 163/21 164/3 164/15 165/4 January [1) 79/4
] include [2] 36/22 77/9 included [4) 143/23 156/20 inventories [1) 105/5 inventory [73) 6/12 6113 16/8 165/8 166/6 166/11 167/2 168/14 168/14 169110 169/10 169/11 Jason [4] 5/21 157/3 15717 157113 jeans [16] 4917 49/13 49115 49/19
..
~ Demse C. Philltps, CSR ----- -------·- ------------------------- -----·---------·----~--------·--·------- ------··- ----------------------------- --,-----~--~------------·-- 0 jeans ... [I2] 50/4 51/16 51/23 82/17 84/14 86/8 90117 92/17 52114 52/20 64/4 65/9 93/4 93118 92/18 92/20 94/4 98/9 98/13 10017 93/23 10517 173/14 101/11 102123 103/2 103/15 104/6 175/10 175111 175111 176/6 17617 177/15 177123 178/6 178/20 178/21 179113 179/17 179/19 144/2 144/6 165/3 166/21 172113 172/25 181/6 181/15 181115 181121 jigsaw [3] 180/20 182/16 182/17 104119 105/25 107/22 108/10 179/21 179/23 179/24 180/11 LEE (I] 2/5
D job [6] 175114 175/16 175117 108/10 112/22 114/8 114111 180112 180113 182/6 182/8 182/10 left [IO] 46/10 96/17 105/1 114/3 176/22 182/15 182116 114/17115113115/19116/24 182112 117/3 117/5145118161116161117 Jones[I]2111 116/25 116/25 117/15 117120 knowing (I] 117/9 181123 judge [125] 1117 7/4 7/5 7/16 7/25 121/6 12117 124/5 124/14.130/10 knowingly [3] 164/5 170/2 17012 legal [2] 118/23 171/4 knowledge [I4] 60/15 74/18 legally [I] 110/8
0 8115 8/16 9/4 9/10 10/25 11/17 136/24 137111 137/23 140/6 14111 12/17 13/3 13/6 14/1 14/8 14/10 14115 144/8 144/20 148/1 149113 74/21 74/24 84/4 88/9 89/21 89/22 length [2] 56/4 94/24 14124 15/6 15/19 15/20 15/24 16/2 149/18 149/21 150114 151/11 117/25 149/19 150/5 156/11 lengthy [I] 168/9 16/14 16/2217/3 17/21 18/17 152/8 153/17158/1415917 159/18 178/18 179/18 less [5] 120/5 12417 152/16 19/16 19/19 20/6 21/24 22/22 165/2 165115 170/4 174/22175/6 known [IO] 67/16 101124 102114 170113 170/17
D 26/19 29/8 33/15 34/1 34/9 34/12 175/9 176/1 177/19177125 182/17 34/20 40/4 41/2 41/8 42/15 42/18 ·ustice ril 167/15 45125 48/2 53/25 57/9 57/11 62/9 108/20 108/21 108/24 109/13 109/15 11017 11 0/8 knows (4) 108/21 129/4 129/4 let [23) 22/9 38/4 46/3 46115 46/24 49/24 63/12 77/23 80/21 84/17 8717101/16113/5115/4 73112 7617 7811 78/9 80115 85/24 K 12917 120/18 121/6 121/9 123/19 127/3
0 86/25 87/10 89/2 89/24 90/5 90/7 keep [6] 23/20 53/2 72/16 118/4 92/21 95/13 99/6 99112 I 0017 100/14 100117 100122 101121 118/13 119118 keeping (1) 158/13 L L-A-K-E-S-H [I) 1119 132/8 139/9 152/5 184/21 let's [22) 37/15 57/20 76111 90117 100/10 114/8 120/3 142/8 15211 102/23 I 03/21 103/24 103/25 keeps(!) 17111 L-A-K-E-T-H (1] 9617 154/5 160110 161/21 163/17
0 104/18 105/24 106/12 106116 106/24 107119 107121 108/18 111/6 112/3112/8 112/14 115/2 Kenneth (I] 72/25 kept [2) 52/23 80/6 key [1) 67/11 121/20 127/8 13717 141113 141/16 kidnapped [3) 116/10 140/5 L-E-D-E-S-M-A (1] 78/18 lab [4) 67/1 67/15 68/2 68/2 lack [I) 27/24 ladies [10) 22/8 76/11 86/1 100/10 163/20165/22170/6 176118 177/24178/1 178/2 178/3 183119 level [I) 28/3 levels [1) 169/4 151/21 160/6 161123 162/3 183/11 0 141/21142/3 142/6142/11 143/18 173/9 liability (2) 61/15 172/5 144/7147113 151/18 152/13 kidnapping [4] 116/13 131110 184/20 liability-type [I] 61/15 152/19 153/1 153/10 153/22 139/11 148/25 Lakesh [2) 1118 95/17 license [3] 6118 I 0217 I 02/9 153/25 154/20 156/23 157/6 kind (41) 10/12 1917 23/22 25/1 Laketh [5] 5/17 95/16 95/17 lie [16) 13113 138/3 176/19 178/8 158/18 160/16 160119 161/3 25/5 30/4 30/19 30/21 32/4 32/8 95/22 96/6 178/9 178/12 178/13 178117
0 161/10 161113 161/15 161116 32/19 33/2 34/23 37/11 37/16 land [I) 169/10 161/19163/4163/9 167114 16812 37/25 38/1 42/214317 43/22 44/23 Langley [1] 8/16 177/9 46/8 49/1 54122 54/24 62/13 66110 large [11) 25/2 37/12 39/2 57/1 178/20 180/5 180/6 180/8 180/9 180/17 182/13 182/14 lied [7) 179/23 180/12 180/14 judges [4) 163/11 165/20 165/21 68/16 68/25 69/23 77/8 82/12 86/8 70124 70/25 91118 108/8 118/19 180/14 180/14 181/l 182/22
0 166/25 judging [I) 177/11 Judgment [IJ 20/23 9517 112/22 114115 130110 138/16 170/25 17116 158/13 159110 178/23 kinds (1] 38/2 larger [2) 118/12 170/25 last [7] 11/7 69117 70/10 72/12 lies [1) 180/16 life [4] 46/17 177/6 177110 178/6 lift [1] 46/11 judicial [2) 1/8 100119 knew [I6) 23/10 23114 93/17 86/1 116/2 162/14 lifted [I] 61/3
0 jump [I) 37/22 jumpsuit [I) 1217 junction [I] 100/21 117/12 130/25 13117132/20
149/11 172/22 172/23 183/3 late [I) 15/4 132/21 134123 135/1 135/4 136/4 latent [2] 69/9 70/5 later [I2] 1114 20/1 34/15 511I1 lights [5] 23116 23/20 32/12 14417 164/13 like [72) 10/10 12/20 20/6 2116 jurors [1) 176114 ·- ~'!i~I~U~!l§?L~ _ _ _ _ J36illJ42/1'U4JL1_'! 1351n --- _23/~_24/5 24/22 24/24..27119..29115.
0 - ju,.Y[79]17lTI278 157f816Jf 16/116/11 16/15 16118 17/18 know [I48) 11/21 12/4 12/13 14/3 146/23 150/18 172/25 182/3 14118 15/11 15/12 17/13 18/1 Jaw [13) 24/5 49/25 59/19 6317 18/13 19/14 21111 22/3 22/6 22/10 18/17 21/20 29/1 37/9 42/21 43/21 100118 103/22 104/14 108/23 25116 26/25 27/17 35/3 37/8 49/3 45/4 53/10 57118 58/12 59/22 60/5 109119 110/9110/14 162/4 177/19 29/15 31/23 32/13 35/21 35/24 36112 3711 37/3 37/9 37117 37/20 39/1145/8 46/22 47115 47/18 49/1 50123 51/5 54/4 59/13 61/8 66/9 50112 50120 50/24 56/13 64/23 61/2 61/21 6312 63/6 64/2 64/8 laying [2] 3917 39/12 66111 71/13 7317 73/19 74/23 76/8
0 76113 78/3 78/6 78116 87/1 96/2 97/19 99/19 100/8 100/9 100112 6617 66/13 66/14 66117 67/5 68/13 laymen's [I) 54/23 70/23 7116 72/5 7217 72/8 75/18 109/9112/1112/5123/13123/15 75119 76/18 81/1 82/19 91115 lead [2) 32/11 119/9 learned [I] 17817 82/11 82/17 82/17 84/14 85/23 89/13 91113 98112101117114115 115/12 116/23 119111 124/18 12411 124/23130115 130/19 91115 92/10 94/6 94/8 94/11 96/18 least [IO] 29/23 29/25 65/18 67114 126116 126/17 126/24 130/9 141/1
0 134/23 135/22 151125 153/24 98/3 102114 102/24 102/25 103/1 67/20 70/14 75/24 93/19 117/25 15417 154/24157112 158/4 160/12 103/5 10317 103/18 104/14 104/19 150113 160/25 161/22 162119 162/20 107122 10817 108/11 109/9 111112 leather [7] 6/10 25/3 39/3 146/5 145/5 149/25 159/5 162/22 162/23 165115 171/5 174/22 177/5 177/9 177115 182/17 184/22 184/25 162/21 163/916717 167113 168/9 1 III13 111120 111121 112/23 146/9 164121 164/23 liked [I] 111/5
0 175/23 177/517717 183/12 183/14 112125117/4119/11122/3123/16 leave [S) 2417 117/2 168/20 183/15 183/16 183/20 183/22 129/3 129/22 130/1 134/1 134/5 184/3 18417 184/16 184123 185/6 138111 138/13 140111 144/24 176/20 185/3 led [2] 1617 56124 likely [3] 65/5 67/8 16917 limit [3) 14/1 14/6 3711 limited [I] 1417 185112 149/24 150/9 150113 150/18 Ledesma [53] 5/14 5/16 44/10 limiting [I] 1412 jury's [2) 11/3 43/21 156113 159/17 159119 163/21 44/11 71/5 73/23 74/1 74/4 75/8 line [I] 95/4 D- just (106] 7/6 9/1 1116 12/9 14/23 163/22 163/25 164/2 164/6 164119 75/13 78/9 78/12 78/17 10112 15/6 15111 15/11 15/15 18113 164/22 164/23 165/2 165/16 168/8 101/22 108/21 108/21 109/14 link (2] 68/9 87/24 linking [I] 10113 18114 18114 19/1 19/1 21/19 2417 169/10 169118 170/2 17111 17112 111/13 127/21 131/6 13117 132/14 Lisa [I] 8/11 31/5 32/4 35/4 36/3 37/23 38/2 171/2 17116 171118 171/22 171/25 132117 133/5 133/15 134/3 135/19 list [8] 29/22 36/4 61/13 61118
O 3917 4217 43/22 43/24 44/23 46/4 172/8 172/9 172/9 172/10 172/14 135/21 135/24 136/5 136/25 137/3 104/4 105/4 156/13 156/15
.. D- - - - ---- --- -- --~---- -------- -- ----- ~---- Demse C. Phillips, CSR - - - - - - - - - - - - - - - - - - - - - - - - - ------ ------ - - - - - - - - - - - · - ----- - ----- -- -- -- -- memories (1] 168117 154/17 185/14
0-- listed (3] 36/21 99/18 156/15 listen (4] 181/6 18119 181/14 183/1 M-C-K-1-N-N-E-Y (1] 1119 machine (1] 1/19 mad (7] 113/23 114/12 115/12 memory (3] 30/1 140/14 140/15 men's (2] 25/2 70/25 mentioned (3] 60/5 71116 92/6 most (3] 38/14 94/16 171/22 mostly (1] 83/5 mother (2] 129/13 164/25 listing (2] 87/24 104/2 116/25 119112 140/16 14112 mere [1] 98/9 motion (11] 16/9 16/21 18115
0 literally (4] 24/10 45/19 158/7 165/23 little (31] 23/20 38/16 39/21 46/23 50117 55/8 55/19 57/2158112 made [9] 32/2 34/24 36/11 91/14 merely [1] 108/14 123/25 124/2 145/11 155/11 181/20 magical [1] . 176/24 message (1] 167/18 met (2] 163/1 170/4 meta1[1] 37/18 19/13 34/19 100118 100121 111/24 121/16121117121125 motive [3] I06/6 106/10 I 06/11 mouth (l] 99/2
0 61/11 65/6 70/17 74/11 90/12 magistrate [2] 103/19 I 03/21 methamphetamine (2] 25/13 move [2] 163/20 166/6 90/17108/12114/8116/11118/17 mail (1] 152/8 99/18 movement (1] 33/22 121/8 133/1 14116 144/20 145/21 Main [1] 2/11 middle [1] 35/4 moving [1] 17/22 161/24164/13 165/10 168/5 179/9 majority (1] 127/2 midst (1] 19/21 Mr (56] 8/5 16/8 20/9 22/15 22/23 · 180123 182117 . make (23] 21117 21119 21/21 might [6] 11/2 12/5 88/4 91114 23/4 23/6 23/7 26/10 26/23 3119
0 live [3] 115/18 !40/6 1'73114 Lived [1] 135/15 lives (2] 177/1 178/7 24/10 26/10 30/21 35/3 35/8 41118 91114 106/9 50/20 59/17 6311 87/2 I 04/19 115/17 121122 127/11 136/2 mind [14] 50/19 98/19 119/20 130/20 130/20 130121 135/6 36/14 57/13 62/20 72/24 73/14 74/9 74/25 75/9 76/17 78/15 86/14 86/16 86/22 87/12 87/14 88/4 88/9 living [7] 27/2 96/9 118/25 119/15 149/23 161/25 162/15 170/23 140/18 16117 163/19 167/6 168/11 91122 93/2 95/25 96117 97/13 98/6
D 119/18 123/1 12312 loaded [5] 41119 41120 53/14 53117 55/25 177/2 makes [1] 63/7 making [5] 36/3 80/7 109/16 169123 176/10 mine (3] 114/21 115/24 182/25 minute [16] 911 49/24 73/22 98/25 99/1 112/13 112118122/25 127/11 128/15 137/10 144/5 147/15 150/24154/10 154/15 loading (1] 64/23 110/8 174115 76/11 100/10 123/15 124/5 127/10 156/2 157110 159/16 162/9 162/16
0 locate [2) 30/5 81/9 located [7) 18/9 23/6 30/15 30/17 60/17 61/5 8!118 location [6] 35/10 60/21 92/4 male [1) 108/8 malfunction (1) 95/5 man [2] 176/4 179112 man's [1] 99/2 129/3 129/21 129/24 133/6 134/23 160/10 176116 179/7 minutes [8) 9/5 43/22 152/16 161/4 167/25 181123 184115 162/17168/1 168/6 176/15 Mr. [6] 17/21 20/11 34/22 38/11 90/20 112/7 Mr. Gray (2] 17/21 112/7
0 118/24 156/4 156/8 management [2) 170/3 179/13 184123 Mr. Greer [3) 20/11 38/11 90/20 locations (2] 32/3 80/4 many (8] 28/6 29/24 29/25 I 03/3 Miranda [1] 83/14 Mr. Young [1) 34/22 locked [I] 115116 103/3 103/4 108/4 152111 .miscellaneous [1] 105/6 Ms (32) 23/4 23/6 24/2 29/20 30/6 lone (1) 179/10 March [2] 12/19 173/24 misdemeanors [4] 77/9 120/1 30/20.31/9 31/16 33/10 38/11 Marine (2] 162/24 162/25 120/2 122/11' 38/12 38/18 38/23 39/10 43/17
0 long [52) 13/23 27/5 27/7 28/2 35122 49/23 50/13 50/16 50/17 marked [16) 19/24 23/17 23/17 misfire (1] 95/5 44/5 44/9 47/15 47/24 52/20 56/25 51/4 51/5 52/11 55/15 55/16 56/2 29/16 30/2 31123 32/7 33/18 40/7 missing [2] 24/14 63/2 57/3 57/6 75/9 82/21 83/7 83/11 64/10 64/10 64/14 64/19 65/5 40/17 48/5 51/10 58/II 93/22 mixed [1] 39110 83/14 83/18 83/21 85/16 86/22 65/19 65/25 78/22 79/1 79/8 79/13 107/9 151/1 mom (2] 127115 180/2 Ms. (1] 38/16
0 94/3 94/4 94/5 94/8 94/9 94/10 94110 94113 94/17 94/21 104/9 I 05/9 105/9 I 08/24 113/2 129/15 markings [3) 65/16 82/18 173118 moment [7] 45/20 114/12 116/24 match [3) 68/3 68/5 68/6 matched [1] 69/10 124/19 135/4 136/4 183/3 momentarily [1) 15/20 Ms. Campbell [I) 38116 much [14) 9/6 12/11 65/2 72/16 94/9 116/3 117/8 124/7 139/14 134/16 141120 150/14 156/19 matches (1] 174/11 moments (1] 82/5 156/19 158/15 185/5 185/7 185/11
0 15611916115 166/24 173/15 173/16 181/12 longer (2) 122/9 185/9 matching [1) 102/6 matter (4] 9/11 67/23 100/13 185/6 money [1] 103/5 Monishia [57) 5/13 16/5 2311 23/18 24/21 25/24 26/3 26/4 26/5 murder (1) 66/20 · must [2) 111/7169/16 my (59) 10/4 14/17 16/8 16/24
0- 1Qng!i..nL9~lO_~-~ __ -~ _.. ~ . ~ look (22] 8121 41/4 44/24 54/4 66/8 85/3 86/8 91/11 97/20 112/22 !JlaUers[!] J51/ll~ _ . ~ ______ .. 28/24 A9/1.0 5.1/23_52/1152/18. ~ may (42] 7/9 33/14 40/3 40/5 41112 41/14 45/24 48/1 54/15 53/4 63/15 67/20 7111 71/7 73/15 73/23 74/5 80118 81115 81/24 83/3 .21/1 27/J 30/1.65/24_73/7 18/17 ... 89/21 96/17 10113 101/14102/25 104/9107/4108/7111114114/2 115/25 11611 140/4 152/5 169/14 54/21 58118 62/9 63/10 63/12 83/6 85/1 85/3 90/24 92/6 93/13 115/9116/16118/22119/21 178/20 180119 180121 180/24 67/24 7115 74/22 74/22 75/22 8911 101/4110/6112/8112/15112/21 120114 12116 125/5 126/21 126/22 18211 182116182/19 92/2194/20 95/3 98/8102/14
0 144/16 146/19 151/6 155/20 12711 127/2 127/2 130/5 130/5 looked [7) 32/13 37/9 62/12 71/13 106/6 106/11 106/18 115/2 118/16 157/20164/17 164/23 166/15 131/10133/19134/4 134/4 134/4 101/23 118/15 141/9 121/19 121125 12717 144/7 154/19 170/12174/7 174/22 175/8 176/3 134/6 134/6 134/8 136/1 138/11 looking (13] 23/3 23/14 31/17 158/17 168/2 172/4173/13 173/24 179/1 179/25 180/14 180/16 181/3 138/12 140118 140119 140119 35/25 37/10 44/4 80/13 80/16 175/9 186/13 181/3 181/7 140/25 149/21 150/17 165/5 170/9
0 80/19 94/4 115/19 150/8 153/6 looks [4] 45/8 89/13 101/17 145/5 lose (2] 176/21 176/23 maybe (11) 13/9 15/14 46/23 Monishia's (5) 90/13 142112 94/25 138/4 152/21 173/11 175/8 174/12 174/16 180/7 175/9 175/9 182/2 month (2] 12/2~ 69/13 171/4 172115 175/3 175/14 175/16 186/13 1Jiyself(9) 8/13 58/3 8()/2 81/19 lot [21] 8/6 24118 28110 28/12 McKinney [5] 5117 1119 95/16 months [6] 13/20 96/21 120115 89111 99/16107/3 118/14 144/16
~ 35122 37113 38/3 43/4 43/21 60/9 63/7 65/24124/17136/10 139/16 140117 148/24 163/1 163/1 163/2 95/22 96/3 mean (26] 8/20 12/5 15/13 19/1 31/23 35/20 35/21 56/3 98/24 129/17 129/18 139/22 Montoya (1] 162/9 moral (3] 77/8 119/25 122/12 N name (9] 11/7 11/8 27/1 78/17 163/14 I 02/24 103/4 I 06/17 106/25 moral-turpitude-type [1] 122/12 87/21 96/5 101/8 112/19 132/11
0 loud [1] 17116 loved (2) 63/19 135/13 low [1] 110/22 LP (1) 108110 108/10114/11 118/10129/10
140/25 143/2149/11 170/18 means [3) 27117 99/3 163/4 more [21] 7/23 27/22 38/3 44/22 130/2 137/25 138/3 140115 140/15 70/4 70/5 86/8 105/8 I 08112 110/23 118/22 124/6 133/1 150/8 152/11 152/14 15411 154/3 163/8 named (2] 28/24 136/15 Narcotics [2] 27/12 79/11 nature (5] 58/10 59/2 63/20 65/17 95/8 I 46/4 48/14 49/9 50/17 5117 51/15 1-N------------lnowhere (I) 105/5 · 165/23 170/14 170/18 171/17 52/10 53/20 55/16 55/18 56/19
0-, need [I8) 7/6 8/21 17/1 54/24 84/16 84/19103/1 107/10 11118 number [9) 2115 23/2 23/16 36/22 171121 171/22 10119 102/8 102/9 141/20 141/23 officers' [I) 171120 116/9119/23141/21141/23160/8 numbered 121 1/1618617 official (5] 1/22I62/9186/4 57/21 61/23 62/23 72/21 78/3 78/5 80/4 82/19 99/2 106/1 108/15 110/17112/1112/4117/1117/5 173/25174/1174/2180/17 186/13186/17 118/1118/23118/25119/19 0 needed [8) 9/2510/23 87/25 96/25 97/8 113/23 121/5 142/19 o'clock [I] 185/13 neither [I] 8/13 never [12) 13/17 66/10 73/.6 oath [6) 76/15 112/12 154/10 175/22176113 176114 often [I) 20/22 oh (9) 73/22 98/11 129/2 147/25 11911912017121/19123/11 125/14 126/17 126/:24 127/5 149/25 150/1 172/15 180/9 182/2 128/23 133/11 135/18 135/19 okay~[285] ~ 141/3.143/12153/24.154/6155/8 108/13147/18 147121 148/2 object [7] 11/17 16/15 18/191917 once (IO) 31115 31118 34/23 34/23 158/14 159/6 160/25 161/21 162/2 0 170112170115 170/16173/6 177119 new[I] 55113 142/13142/21 161/9 objection [30) 8/15 11/2 15/16 54/25 84/17 84/18 85/11 143/12 177/2 15/2219/920/434/5 34/1034/19 one[63) 9/1710/241111816/18 163110164/12164/14164116 170/1917114 178/2 178/14 182/24 183/6183117183/19185/4 next (9) 43/21 78/8 95/15 99/11 48/21 48/22 54/9 54/10 80115 18/10 20/18 20/21 21/1 24/20 25/1 outlined [I] 99/21
0 114/5 134/9142/2 16617 180/22 NFL [1) 162/22 nice [3) I31/11 173118 184/24 85/24 85/25 86/25 90/5 9016 9017 28/8 28/9 30/1 30/6 32/23 38/4 outside [4) 16/17 19113 100/8 100/2 10711 107/13 129/6 143/24 38/6 39/2 39/2I 5115 51122 55/24 I66/I3 143/25 156/25 160/20 I60/21 56/2 63/3 63/19 72/21 89/19 92/I6 outstanding (5) 75/11 80/20 no (225) 160/23 99/17 10017 102112 103/22 106/I4 80/24 81/1 83/9
0 No. [4) 1/3 33/19 42/13 74/4 No. IO (1) 74/4 No.ll (1) 42/13 objections [3) 8/23 4117 9011 objections to [I) 90/1 107/5 107/9115/5 115/10 117/15 outweigh [2) 14/13 14/14 119/3 119/4 122/17 143/6 148/8 . objective [4) 178/12 178119180/4 I55/12 155/12 156/18 156/20 outweighed [I) 15/1 outweighs (I] 12/11 No. I2-03324-CRF-272 [I) 1/3 180/15 157/18 160/8 168/8 169/2 169115 over [38] 9/21 29/6 29/15 31/21
0 No.3 [I) 33/19 nobody (1) 34/24 nobody's [I] 104/25 observe [I] 145/18 observed [1) 141/8 obviously [8) 28110 55/5 76/2 169/16 171/21 175/13 176/19 176/20179/16 179/17 179/17 180/20 180/22 183/2 32/14 32/16 32/24 3617 43/13 46/8 58/2 71/10 74/25 75/6 85/3 102/2 102119 108/17 109/19 111/8 11317 Nods (5] 122/15 123/3 130/12 76/3 9411 102/13 129/3 137/2 one-page (1] 72/21 11417 114/24 117121 120/15 12111 131112 134/12 occasion (4) 10/16 28/22 29/18 ones (1) 38/6 - 126/12 127/4 152/2 155/11 160/8 0 Noise [I) 17/14 none [3) 98/15 165/18 178/24 nonsensical (1] 177/20 96/24 ongoing (1) 98/21 161123 166/6 171/9 178/23 179/13 occupants [4) 59/17 75/23 75/23 only [2I] 12/23 16/3 16/11 I6/13 184/1 184/11 75/24 18/IO I9/13 50/I4 68/9 77/I2 over-sized (1]. 7I/IO Noon [I] 153/3 occur [1) 27/22 93/18 10112I I07/4 I08/5 I09/I2 overrule [1) 19/8
0 normally [2) 29/I4 I25/9 Nos [4) 41/5 41111 48/19 48/24 nose [1] 55/21 occurred [2] I3/I6 I8617 occurring (1) 20/13 110/4 110/22 I39/13 I64/20 165/16 179/20 179/Z.[2] off(14) 8/12 9/9 46112 55/10 67/1 open [6) 44/21 54/3 75/19 81/6 overruled (3) 15/17 129/9 143/17 oversized [2). 91/18 118/18 own [3) 24/15 106/20 147/2 .. not [253) 67/I5 68/2 68/25 72/10 72/22 117/6 18617 owned [4) 85/16 85/20 86/16
0 / .- noted [2) 22/19 29/10 103121 140/8 140/8 145/5 nothing [12) 35/8 63/2 95/13 99/6 Off-the-record [I) 9/9 133/24 149/12 149/14 149/19 offense [19) 12/25 13/16 14116 opened (1) 44/24 opening (3) 22/20 22/23 26/11 operating [1) 36/23 170/23 owner [3) 62/2 72/6 86/23 ownership (5] 137/19 138/4 156123 159121 16517 172/23 15114 16/6 20/13 25/14 66/24 opportunities [1] 63118 142/17146/5 172113
0 notice [5) 39/19 41/24 43/4 44/6 4617 noticed [1) 39/23 69/13 99/20 99/22 100/24 100/24 opportunity [4) 4114 60/14 62/13 owning [1] 147/5 120/10 120/23 139118 153/19 163/25 17113 160/18 opposed (2) 28/3 56/25 owns iii 2317 . p __ N~v~_m~_!:_l~]_ 1Q:!_3/~ 41]._JlJ. 61?__ !!_ffens!~HL 1~]0 2712J _________ !!P!!!!.l_!_Ul MtZ._ __ -~ __
0 7/2
19/17 19/20 22/12 22/20 25/23 offer [I2] 16/2 34/1 41/2 48117 now [118] 10/3 11/3'13/1216/20 53/24 89/25 90/199/13106/25 107/3 107114 143/22 orange [I) 1217 order[3) 14/11177/16184/14 original (I) 72/6 29/11 30/4 33/13 35/5 36/24 38/4 offered [11) 6/4 16/13 20/3 34/4 originally (2) 12/18 13/15 p.m [I] 79/25 packed [I] 117/18 packet (I] 20/24 packing [3) 12317 123113 124/1 40/17 41/17 41/24 43/1144/3 44/6 41/6 48/20 54/2 90/4 99/24 143/19 other (40) I0/1II2/16I5/9I8/20 page [6] 3/3 4/3 5/3 72/2I 153/14 0 44/15 44/15 45/13 45/23 46/3 4617 186/10 47/13 48/25 49/15 49/24 50/4 5119 offering (4) 16/10 17/20 18/12 52113 53/9 53/21 55115 56/2 56/13 19/25 2I/16 24/5 24/25 32/23 34/19 36/12 39/22 4117 46/11 53/21 184/1 paid (2] 186112 186112 60/24 60/25 6117 67/23 74/22 80/5 paid/will (1) 186/12 56117 57/25 58/8 59/5 59/22 61/2 office [22) 7/10 13/10 18/6 23/3 80/5 92/4 92/18 10617 110/5 pair [6) 4917 49113 49/15 51/16
0 61/11 61/21 62/25 64/8 65/1 6617 23/21 24/5 27/4 27/14 32/19 35/11 115/25 119/23 120/16 139/17 66117 66/23 68/16 68/19 68/24 51119 59/24 69119 78/21 78/22 69112 69/21 70/9 70/23 72/24 7411 79/6.80/1 8017 88/19 105/11 64/4 93/4 140/25 147/1 148/9 151122 159/6 pants [2) 43/1 145/6 159110 164/20 169/1 182/3 185/2 paragraphs [I) 21/15 74110 81/16 81/23 82/10 83/2 8317 157/14 157/16 186/6 ·parents [:i] 63/20 179/1 83/17 84/4 84/I6 85/2 85/14 86/12 officer [28] 9/23 9/24 10115 16/16 others (I) 38/25 parole (5) 11124 12/1 I2/25 20/20 LJ 87113 90/16 97/10 98/5 109/1 113/16116116116/20117/25 18119 19/2 20/20 28/5 6112161/25 otherwise (3) 2617 105/24 178/12 20/21 74/1474/1578/24791196/396/10 our[8) 9/I810/517/482/I690/8 part[4] 46/996/22104/15169/24 118/5 118/25 121/19 122/20 96112 102/12 102/14 I03/2 136115 100117 177/1 178110 partial [3) 46/23 68/6 70/14
0 123115 123/20 124/5 126/2 128/1 144/12 151115 173/3 173/15 129/21 134/313717 137/25 139/1 174/10 174/23 17511 141/4142/6143/21144/13144118 officer's [2) 69/24173111 145/4 145/21 14917 15116 152/11 officers [24) 18/20 23/25 24/9 ourselves [I] 66/5 participate (3) 28/22 37/5 88/15 out (94] 12/20 12/2013/18 15/18 participated [I] 3717 18/518/619/22111122/3 22/5 particular[28) 9/141112212/16 23/3 23/25 24/1 2417 25/13 29114 12/24 14/16 29/18 30/6 64/20 65/5
0 15317 153122162/21 169/4 170117 24113 24117 30/3 33/6 35/13 36112 29/19 30/19 33/6 37/3 39/12 40110 66/4 67/6 68/9 69/9 70/3 83/22 171117172/217217176/13178116 46/1174/22100/25104/2110/4 40/1440/2142/242/445/1045/20 88/488/989/994/2095/9101/6 State v David Duane Greer 11114/12 Vol 4 173/17 182/20 175/8 175/10 175114 175115 176/7 181118 1-p-----------ipictures (5) 25/3 60/15 60/16 175/16 probation [7) 120/10 120/18 particular... [7] 105/4 109/21 92/23 171/19 possessing (1) 164/6 121/11 121115 122/3 138/13 130110 147/16 148/20 156/7 piece (5) 67/5 70/4 149/18 169114 possession [19) 9/20 25/13 25/21 170/19 163116 180/20 86/24 87/4 87/8 99/18 120/5 164/5 probative [8) 12111 13/25 14/12 parties (7) 7/23 8/18/234/12 pieces (6) 37117 46/23105/25 167/2170/1170/5177/17177/17 1411414/1514/2515/215/7
0 99115 186/6186/10 partners (1) 79115 pass (22) 57/8 73/12 74/7 76/6 165/11 180/23 182/17 pile (1) 117/15 pin (1) 55/8 177/18 179/8 179/10 179/17 184/4 possibilities [1) 124/22 possibility [6) 21/14 115/12 probative/prejudice (1) 13/25 problem [7) 8/20 12/2 56/7 59119 101/7 173/16 175/11 76/7 87110_91/20 92/19 95/12 pistoL(22)_25/7 25/22 40/2141/6 _ 121116124/13 140/23.141/1 problems (1) 36/.7 97111 99/5 122/23 137/8 141/12 41/17 45/17 48/9 50/14 64/23 66/8 possible [15) 59/11 60/24 61/1 Procedurally [1) 36/17 D 147113 150/22 151118 155/24 156/22159/14 159/20184/10 passenger (7) 23119 37/1 37/12 66/9 66/14 69/4 94/20 94/25 95/2 65/18 65/21 66/25 67114 67/19 115/18116/18116/20116/22 117/4 179113 70113 92/4 9811140121 174/11 175/13 179/25 procedure [3) 35/6105/3 106118 proceed [2) 121/25168/2 proceedings [5) 1/15 1/18 143116 43/12 43/18 63/12 164/16 pistols [2) 94/14 94/19 potential (3] 59/18 67/8 67/23 186/6 186/9
0 passenger's [4) 44/19 44/21 156/7 place [5] 12/3 23/5 64/19 114/13 potentially [7) 67/5 67/7 68110 158/5 past[5] 103/11 109/18 110116 162110 placed (11] 13116 63/16 112/11 69/23 70/13 101110 117/6 powder [1] 46/8 process [2) 20/24 46/9 prohibitive [1] 14/9 pronounce [1) 96/5 119/22124121 113/10113/14114/2121/11 power [1) 37/17 proof(7] 109/23169/5 169/21
0 patrol [16] 28/3 29116 30/2 31/20 140/22 141/4 162/8 170/20 31/22 71/4 71/8 84/10 90/25 91/1 places (1] 32/15 138/24 141/5 144/12 145/25 plan [1] 19/25 precisely [5) 60/20 60/22 105/8 116/21117/4 prefers [1] 103/22 173/2 177/25 178/3 178/17 proper (4] 52/8 95/4100/20 184114 151/12170/21 planned [1] 117/17 prejudice [2] 12/11 13/25 properly [1] 95/3
0 pause [3] 9/3 12611 162/1 peace [2] 78/24 79/1 pending [6] 12/25 103/8 121/4 play (4] 118/16 163/8 168/16 178/4 prejudicial [5] 12/4 14/2 14/13 15/2 15/8 playing [6] 144/10 146/13 146117 preparation [1) 186/11 property [6] 24/14 24/15 35/7 35/19 36/13 115/9 pros [2] 20/12 77/2 121/5 121/20149/5 151/10151/17 178/17 prepare [1] 57/17 prosecute [1) 177116
0 penitentiary [1] 20/24 people [11] 24/15 24/15 29/15 3Jil7 47/4 110/10 16311 175/25 176/1917817178/8 plea (3] 7/21 22/18 121121 plead (1] 22115 please [11] 26/25 29/4 96/2 157112168/21 176/20 177/6 prepared (2) 89/19 160/8 preponderance [1] 169/6 presence [4] 16/17 19/13 50/20 100/8 prosecuted [1] 13117 Prosecution [1] 57/25 prosecutor [13] 8/16 60/5 61/12 64/2 66/7 68/19 69/3 90114118116 percent [6] 25/25 169/7 171/1 183/12 183/24 184/2 184/11 present (4] 36/5 77/24 141/8 147/17 147/22150/10 163/5 0 171/14175/17 179/24 perception [1] 176/24 pocket [10] 25/8 40/2 41/23 41/25 157/18 42/5 48/8 48/8 49/15 130/10 performed [3] 72/10 74118 74/20 164/22 presentation [2) 100115 160/7 presented [2] 22/14 91/3 Prosecutor's [1] 71/16 prosecutors (1] 168/14 prostitution (1] 122/13 period [1) 70/19 pockets [5) 25/6 39/25 40/1 45/11 preserve [1] 35/7 protect [4] 36114 36/14 172/5
0 Permission [1] 34/8 person [28) 20/21 29/1 63/13 68/14 71/18 71/21 87/25 88/1 47/19 preserved [1) 69/25 point [38] 10/13 13/22 21117 29/4 preserving [1) 70/20 30/4 33/9 38/4 39/2 43/16 44/16 Presiding [1] 1/17 180/16 protection [4] 116111 140/10 142/19 148/21 101/8 101/10101/19 108/4 108/6 45/9 56119 57/9 58/15 58/21 73/24 presumptive [1) 110/8 protects [2] 24113 24/14
0 109/4 109116 109/16 109/18 110/8 85/2 89/24 90/2 98/13 98/14 99/12 presumptively [4) 108/25 109/14 111/12111115111119111/21 111122118/11 149/15 149/23 100/17113/21120/23123/25 124/2 132/23 133/21 134/19 110/9110/14 pretext (1] 106/18 protruded (1] 65/2 prove[8] 20/1820/19142/22 163/6 168/22 168/23 175/15 163/5 177/19 135/17 140121141114 142113 pret!)' (13) 9/1_? 72/1f!___ 791_1U2L9_ __172{)] __ _ _
0 perso-n's[l]35/7 --- ---- --- 1"437i8-14Sil7Ii5ti8i76i14- -- i"i6i3-fl7/SI24f7145/9145/14 personal [5) 65/25 74/21 74/24 88/8 166112 personally [3] 66/16 8113 8115 pointed [3] 33/7 55/11 109/20 points [2] 21/5 2118 poking (1] 42/4 149/3 15116 152/25 158/15 prevent [1] 90/8 previously (10] 34/2 34/10 41/3 proven (2) 103111109/18 proves [1] 166/1 provide [1] 92/3 provided [1] 34/2
g persons [1] 76/4 petite [2] 38117 118/11 Petraeus [I] 178/16 police (13] 28/5 31/23 32/11 92/7 110115 112/11 143/19 144/3 113/7126/20 128/15 131/4 138/17 154/13 173/8 142/24I64/10 170/18174/22 primarily (4] 59/15 60/10 60/11 public (1] 24/7 publish [2] 34/8 42/16 published (1] 42/20 Phillips [3] 1/22 186/4 186/16 179/4 63/19 publishing [1) 34/13 phone [3] 80/10 1011914I/23 policies (1] 37/1 primary (2] 106/9 106/10 pull [12] 29/15 31/20 32/14 55/4
0 photo [2] 65/12 172/3 photograph [8] 6/7 617 6/8 6/8 6/9 6/9 48/9 48/9 policy [17] 6/13 24/5 24/8 35/12 print [7] 717 8/25 21/8 69/9 70/6 35/17 59/24 60/2 88/19 104/6 105/2 105/11 106117 106/20 70/14 70/14 printed [3] 70/10 70/11 153113 55112 102119 106/1 108117 111/8 152/9 159/6 164/11 pulled [21] 32/15 40/10 40/14 photographing [1) 48/14 106/25 I07/7 107/21 111/4 priiitirig (l] 69/12 46/21 45/9 45/:20 53/20 58/2 74/24
0 photographs[3] 24/1948/19 48/25 physical [I] 85119 polled [1] 184/7 ponytail [1] 29/7 poor (1] 105/19 prints [6] 47/247/947/1169/5 69/8 69/24 prior (14] 20/13 20114 25/17 102/2113/7114/7114/24117/21 120/14 121/1 126/12 127/4 159/2 159/2 171/9 picl{ [6] 25/435/9 39/17 84/12 popped [I] 164113 32/16 60/4 60/17 88/7 88/13 88/14 pulling [3] 32/24 32/24 58/23
0 105116180/20
picking [2) 105/17 175/23 portion [1] 14/7 picked (4] 36/6 39/19 127/1 168/9 portions (2] 143/20 186/5 position (2] 52/9 55/6 pickup [5] 23/7 23/8 3111 37/12 possess [2] 52/19 170/2 93/1193/13 99118129/15 151/7 priors (1] 7/21 probable [3] 109/24 109/25 169/6 probably [15) 7/10 26/2 26/5 pulls (1] 23/22 purchased [I] 174/7 purpose [9] 16/9 17/13 31/21 61/12 104/3 105/10 178111 178119
0 48/10 picture (5] 94/4 105/8 172/6 possessed [11] 167/5 167/8 170/12 170/13 170115 173/10 29/22 29/23 29/25 30/1 65/7 13311 140/23 150/10152/15 170/22 180/15 purposes (16] 16/2 16110 16/13 128/23 131/3 148/25 149/15 17317 102/24 103/3 103/7 103/12 108/6 revoked (3] 120/19 121/2 12211
D-~ ! purposes ... [13] 18113 18114 1811519/1220/133/18401740/18 48/5 51/10 99/14 109/10 143/21 178111 178/17 178/19 180/4 180/8 180/9 180/10 reasonable [25] 110/3 110/4 108125 109/14 109/18 110/9 110/14 110/16 111/16 111117 relive (1] 119/22 revolver [4] 40/2 54/23 115/22 115123 revolvers [1] 95/2 purse [2] 24/22 38/19 110/18 110122 110/25 11117 rely [1] 106/10 rewind [2] 144/20 145/12
0 pursuant (4] 24/4 34114 111/3 143/19 purview [1] 8711 put [241 -7/-14 -12/'7 34/14 4211 · - 165/14 167/8 168/22 168/24 169/5 16919 169/16 169/22 173/11 174/6 174/17175/18176/1 176/11178/1 1"78/1178/6·180/11·182/6- · relying [21 10917 10919 remain [1] 184/23 remains [1] 106/4 remember [41] 8/5·8/6 3 7/17 Ricardo (5] 5114 5116 78/12 78/17 144/2 Rick [10] 44/11 78/9 131/6 131/7 132114 135/24 136/5 142/9 166/21
0 46/4 50116 51/4 51/11 52/1 55/6 106/2114/22116/21117/4118/3 12617 126/20 130/10 140/6 140/14 165/22171114 180123 182/15 reasons [3] 106/7 106/14 172/4 rebuttal [31 4/10 142/6 152/14 recall [12] 76/8 76/10 91112 116/21 117/5 141122 142/9 154/9 37/21 60/20 75/17 75/20 82/10 82/13 82/21 84/11 124/1 7 124/22 124/24 125/2 125/11 125/12 125/13 125/19 125/20 126/19 181120 ride (31 126117 136116 136/19 riding [1] 58/1 rifle [20] 49/23 50/13 50/16 5115 putting [11 180/19 156/3 158/20171/14 171/24 129123 131/15 131119 132/19 55/15 56/3 64/10 64/15 64/19
0 puzzle [4) 180/20180/20 182/16 182118 received (8] 75/8 80/10 8116 86/22 87/13 88/3 10113 184/14 receiving [21 8817 109/4 134/16 136/16 136/16 136/21 139/8 140/18 140/19 140/20 156/12 165/12 165/15 166/13 65125 94/4 94/5 94110 94/13 94/17 95/1 105/9156/19173/15 173/17 right (247] Q recently [2] 6217 118/22 168/13 168/21171112 175/25 right-hand (1] 25/8
0 quadruple [II 19/6 quality [1] 7017 quarterback [1] 162/22 recess [31 76/14 153/3'185/16 recognize [11] 31/3 3115 40/8 40/19 48/6 51112 96/18 115/5 remove [3] 24/1 35/10 159/10 removes [1] 21114 Rene [3] 5/13 112/15 112/21 rights [3] 83/15 83/15 83119 rip [1] 41125 ripped [1] 42/7 question [18] 30/13 42/12 46/25 115/8 115/19 144/12 rephrase [1) 84/17 ripping [1] 37/3
0 9117 91/8 98/9 11111 126/22 129/10 13P/20 135/6 149/17 149/21178/8 178/24 179/3 179/16 18117 recognized [1] 23/14 recollection [1] 133/2 record [20) 1/1 7115 7/18 7/25 8/4 replace (1] 12/6 replacement [1] 36/8 report [11] 9/15 57/17 61/12 rise [1] 183/24 road [3] 24/4 35/5 181122 roadside [2] 135/18 181115 roadway [1] 31120 919 1116 16/2 16/10 16/13 18114 61/13 61123 62/5 62/6 89/13 97/17 roll [1 I 145/14 0 questions [7] 20/7 90/14 92/20 119/23 141114 146/4151119 quick [61 7/15 80/21 92/20 145/9 153/8 154/4 29/8 34/15 108/19 110111 112120 122/9 186/7 186/9 186/11 recorded [4] 97/14 97/15 146/2 151/13 97/18 97/25 reported [21 1/18 186/8 reporter [61 1/22 92/25 123/4 130/13 186/4 186/17 rolling [1] 145/13 roof(!] 45/18 room [61 100/10 162/10 167/7 quicker [11 20/23 REPORTER'S [41 1/1 18617 177/3 183/12 184123.
0 recording [41 33/21 126/3 126/4 quite [21 20/22 57/3 168/16 186/9 186/11 rotate [6] 51/8 52/8 55/13 55/21 quote [1] 125/20 records [4] 71117 72/17 75/10 reporting (11 17717 55/22 64/24 JquotilllLlll 12417 97/22 represent [1] 9/16 rotates [1 I 55/6
0\ R R-1-C-A-R-D-0 (11 78/18 raise [2] 20/8 22/8 recover (21 39/2 159/3 recovered [1 I 159/5 RECROSS [2] 74/8 9311 RECROSS-EXAMINATION [21 represented [21 7/19 8/1 request [21 69/18 183/15 requested [1] 186/6 required [3) 109/19 109/23 110/2 rotation [1] 95/4 round [4] 50/14 50115 5519 55/13 rounds [21 52/5 54/6 rule [2) 104/6 176/1 range [1) 178/4 74/8 93/1 requires [1) 162/4 rules [25] 9/25 10/1 10/2 10/8
0' Ranger [91 3111 37/12 84/6 84/8 85/8 144122 166/11 166112 166/14 rape (21 116113 148/25 raped [2J_H0/5_173/9 _ _ _ __ recuse [1] 8/13 red [2] 82/25 128/9 redacted (1] 143/21 Reserve [1] 26/12 residue [1] 46/10 respective [1 I 186/10 10/20 10/23 11120 11121 12/1 13/10 14/9 14/22 97/1 97/8 97/10 98/10 98/16 98/18 98/18 167/19 redirect [6]--73/-13 9lf2.1 137/9 -- responded-[!} 9/24- - --~· -167/20 -167/2H76/25-1 77/1-1 7"7/l
-D - reach (2] 45/14 104/14 reached (11 183/22 · reaching [1] 104/16 143113 150123 182/2 refer [1] 132/8 reference [2] 89/8 155111 response [10) 10/1 10/22 86/19 9ll4 97/3 9717 97/9 I 08/18 113/24 14617 run [3) 7/10 10117 174/5 running [2] 15/22 175/12 RYAN (5] 2/4 163/14 165/15 read [71 9/15 99/19 160/9 162/4 referenced (1 I 109122 responsibility (3) 166/22 172/14 166/5 167117 162/5 162/7 184/2
0 s referencing [2) 11125 10717 173/12 reading [II 22/12 referring (21 15/12 137/17 rest [7] 3917 39/12 74/11 100/3 ready (131 15/18 15/1915/25 17/1 reflect [2] 7/25 29/9 126/8 142/3 160/3 S-H [1] 95/18 22/3 53/17 78/2 112/1 153/23 reflects [1] 186/9 rested [41 100/5 100/14 142/4 sadly [11 166/3 153/24 160113 160/25 183/17 refresh [1) 168/16 160/4 safe (21 94/21 98/8
0 real (181 7115 46/17 80/21 98/14 106/2210812134/21 135/1 135/2 168/9 169/25 170119 183/3 183/4 refused [2] 9/24 13/9 regard [1] 38/18 regarding [11 34/13 rests [11 100/4 result [21 72/9 174/6 resulted (1] 7/20 safekeeping (1] 45/18 safety [1] 117/23 said [761 8!12 17/21 18/20 28/5 18314 183/4 I83/4-184/24 regards [6] 18/20 20/16 46/20 resulting [1] 11113 29/11 33/5 34/24 49/25 49/25 50/4
0 realize [2) 25/5 177/11 realized (11 7/21 really [19] 15/12 59/11 65115 65/16 72/20 75/20 82/4 101117 51/3 52/13 59/25 registered [31 ~2/25 179/J.~ reinstate [11 121/6 resume (1] 151122 retire [1) 183/12 retired [6) 76/13 100/12 151125 5114 55115 56/13 56/23 73/9 73/19 74/3 80/11 83/17 85/15 86113 86120 90/16 91/2 93/12 93/20 related [1] 6317 160112 183/14 185/12 97/21 11111 111/12111/16113/20
0 104/8 105/17124117 127111 133/11 133/13 134/10 169123 177114 179/8 180/6 ·realm [1] 178/17 relationship [8) 31/10 31111 92/14 92/18 113/1 113/3 131/9 135/11 retrieved [1] 156/18 review [31 97/19 103/6 160/18 reviewed [51 33/19 62/5 103/19 115112116/23119/12121/4123/6 123/8 123/25 124/1 124/8 124/18 126/6 126/10 128/22 132/4 132/8 133/18 136/9 136/11 136112 14111 released (2] 185/8 185/12 150/10 150113
0 reason [24] 18110 53/2 59/15 relevance [1] 11118 revisits [1] 173/1 142/16 143/11 143/13 146/8 146/9 62/25 68/8 104/ I 106/6 I 06/8 relevant [2] 17/9 17/9 revocation [2] 12/25 13/2 146/11 147/8 147/21 148/2148/6
. . . Q . _____ __ _, ------------------------~~-- Demse C. Phillips, CSR -----~-----------~-~-----~------ ---------------------------------------- s seat [14) 2217 23119 26/17 42/10 43/18 56111 78/11 95/20 126/21 148/6 148/8 148/8 148/11 148/11 181/21 184/6 184/16
D--, ( said ... [15] 148/8 155/2 163/10 156/6 15617 157/5 164/12 166/20 148/15 148119 148119 148/20 165/4 165/4166117 170115 170116 seated [10) 22/6 78/6 7817 112/5 17111 172/14 173/15 173/25 148/20 148/24 149/9 149/11 112/6154/7 154/8 161/22 183/20 149/12 149/19 149/20 149/24 sides (2) 160/4 161111 sigh [6) 91115 149/10 149/12 149/16 15017 172/22 175/25 177115 182/4 183/21 149/25 150/4 150/5 150/17 150/18 sighed [1) 150/4
0 Sam [2) 136/15 166/20 same.[25] 20/20 35/21 40/13 40/13 40/24 40/24 49113 51114 seats [5) 37/3 37/22 37/23 3917 96117 second [3) 54/16 150/25 162/21 164/18 166/17 166/17 166/18 166/18 170/13 170/14 170/14 sighing [1) 91113 sighs [2) 149/25 172/21 170/17 170/25 170/25 17111 171/3 sight [1) 119/19 51/22 52/22 531-19-53/20-94/22 seconds-[1) 7/7 --171/5 17"1/5 i71/7--H1/10 1-71/11 - sign [4) 62/22 -103/2-l 150/15
0 99/17 114123 116/2 154116 156/9 secure [4) 35/10 59/16 59/16 161/19161/20 163/5 167/22 171/3 59/16 174/3 176/25 sample [2] 67/16 67/20 secured [1) 43/16 171/11171112171112171/13 171114 171115 172/8 172/14 I 72117 172/21 172/21 172/21 172/22 172/22 172/23 172/23 177/4 signature [3) 62/16 62/20 89116 signatures [1) 62/14 signed [3] 19/24 61125 99/15 security [1] 17717
0 sat [1) 173/25 satin [1] 128/9 satiny [I] 18217 satisfied [2] 176/2 176110 see [42] 18/5 21/6 21/15 23/8 172/25 173/1 17317 173/8 173/8 significant [1) 127/19 23/24 24/19 25/3 27/20 29/2 30/20 173/9 173/9 173/10 173113 17417 silly [2] 30113 42/12 31/6 31/23 33/22 42/22 45/5 46/12 174/15 174/15 176/4 180/8 181114 simple [1] 182/19 47119 55/3 55/19 58/10 58/20 181120 181/24 182/2 182/3 182/4 simpler [1] 20/23 saved [1] 9/5 65117 68/3 71/4 72/6 75/23 76/3 182/7 182/10 182/11 182/14 183/2 simply [4] 109/15 171124 174/19
0 saw [20] 21/7 23/13 31119 45/13 79/19 81/5 82/4 8517 103/6 108/16 183/3 183/6 17617 46/4 71/6 85/11 116/2 158/4 158/4 124/15 135/8 145/13 150/2 153/2 she's [21] 25/25 38/17 44/6 84/3 since [5] 13/23 27/6 27/9 2817 159/3 164/8 164/11 164111 164/14 159/9 165/18 169/14 175/14 142/16 143/1 144/18 144/19 92/15 164116165/2 166/15 166/19182/9 seeing [1] 44/17 148/23 170/16 170/19 170/20 single [3] 51/15 81117 170110
D say [61) 13/24 26/6 31122 38/13 seemed [1] 39/21 38/21 43/20 6017 63/8 64/24 65/13 seems [1) 37117 66/21 7017 71114 72/3 74112 75118 seen [8) 49/3 58/16 63114 63/23 170/20 170/20 172/12 173/12 sir [344] 173/13 176/3 180/16 181/6 181/25 sit [2] 55/3 161/23 sheet [7) 57/19 57/20 57/22 8917 sitting [7] 24/4 2417 29/6 35/4 86/4 88/20 9817 98/8 98/19 98/20 100/25 119/7 181125 182/13 89/19 173/21 173/21 96/17 131/16.144/21
0 98/23 98/24 I 03/2 106/14 116/4 seize [1) 52/14 116117 117123 120122 121117 125/4 130/4 130/9 130113 132/6 seized [1) 69/22 selection [2) 25/17 177/5 134/13 137122 138/6 139/17 141/6 self [3] 70/20 140/2 140/4 sheets [1) 156/20 situation [2) 77/24 117117 shell [14) 64/3 64112 64/19 65/8 situations [1) 63/6 65/13 65/19 66/4 66/I5 93/3 93/I8 six [1) 29/23 93/24 I 05/9 I73/5 173/I4 size [11] 56/4 57/1 57/2 64/6
0 143/5 146/20 I47/4 147/10 148/8 Self-defense [2] 140/2 140/4 148/11 148112 I48/20 149/16 154/1164/17 168/13 168/14 172/17 174/25 175/3 176/11 self-preserving [1) 70/20 send [2) 67115 167/18 sense [10) 21/17 97/20 121/22 shells [5) 66/9 68/20 68/24 70/10 64/17 65/9 70/24 93/4 10517 9519 Sheriff's [22] 18/6 23/3 23/16 166/13 17113 size-wise [1] 64/17 23/21 24/5 27/4 27/I4 32/19 35/11 sized [2) 37/20 71110 177/16 180121 183/6 149123 168119 176/I7 177/1 177/6 44/I3 5II19 59/23 78/2I 78/22 slight (1] 8/5
0 saying [I9) 11/1017/7 36/24 73/7 178/5 178110 98/13 123/21 I24/11 124/12 12511 sent (7) 67/1 68/2 68/25 72/10 125/6 12517 125/8 125/9 125110 72/22 122/1 179/4 79/6 88/I8 96/4 96/10 105/11 136/15 157/14 157/16 shirt (3) 2917 82/25 145/6 slump [1) I62/23 small [9) 15/7 37/11 37/21 37/22 37/23 38/15 40/2 108/9 118/11 125/21 133/5 I42/25 170111 sentence (2] 20/24 21/11 shock [1]182/24 smudged [1) 70/6
0 174/20
150/17150/18 178/22 181/10 separate (2] 16/17156/15 says [IO] 26/2 105/6 149/9 149/24 separately (I] 57118 sequestration (1] 77/24 shocker [1] 170/19 shocking [1) 175/2 shook [1] 86/9 snap [1) 5517 sold [1] 72/18 sole (2) 13/1 18/3 D- - _ J8!1J4Is2a5 ___ ~ __ SBOT [3) 2/4 2/5 2/I 0 scared (2) 133/13 138/9 . _Sergeant .(1]_84/9 _ _ - ··-- _ shoot-(2]-.531L7-178/l __ __ __ _ -- some-(51)-10/1 1-15/13 I6/I7 2017- . serious [1] 149/3 serve [2) 23/4 29/19 short (13] 50/15 50/15 5114 53/13 20/25 23/I7 23/I7 24/22 24/23 54/6 58/5 64/9 64/14 76/14 94/1 24/24 28/23 28/23 30/4 33/8 3617 scenario [2] 109/21 125/11 set (2) 44/23 168/4 94/8 94/12 94/13 38/7 38/2I 38/22 44/23 4617 46/10 scene [9] 59116 66/24 143/10 setting [I] 45/17 shorter [3) 50/I6 65/6 94/I 0 48/25 50/1 55/19 60/24 67/11
D 143/11 145/9 I45117 146/19 157123 165/6 scenes [2) 66/I8 174/10 SEAL [I) 186/13 seven [4] 161113 161/14 167/24 172116 several (2] 29/21 134/3 sexual [I] 116110 shorts (2) 68/20 94/19 shot (I) 166/5 73/24 80/4 80/5 80/5 85/2 89/11 90/14 91/14 94119113123114110 should [9) 35/I2 77/24 90/8 92/24 1I8/3 1I8/I6 120/20 120/22 95/17 I26/15 168/11 168/25 124/20 140121 142/5 145/6 148117
0 search (51) 6/I3 16/8 16/25 17/24 shadow [12] 165/16 178/2 178/18 I69/22 I50/5 I50/5 152/21 I70/6178/23 25/5 36112 36118 36/25 37/6 39116 178/25 179112 179119 179/21 shouldn't [4) I6/14 I7/17 126/25 somebody (5) 14/21 23/9 91/7 59/5 59/8 59/23 60/18 84/22 84/24 179/25 180/12 180113 182/8 167/12 140/5 177/16 85/4 88115103/10 103/13 103/16 182112 sbow_(2J) 2617 33/17 36/5 4016 somebody's [1] 35/13 Hi3/l8 103/23_ 103ii3 i 04/J 104/8 Shakes (I] 122/21 40117 46/2 46/3 48/4 5119 53/9 somehow [1) 177/2 [J 104116 104/20 105/2 105/12 105113 105115 105117 105/19 she [137] 24/22 26/2 38/19 43117 55/1 56/2 82/19 93/22 115/4 5717 71/3 71/4 71/6 71110 71111 someone [5) I4/19 63/11 80/14 150125 155/6 158/21 I65/9 165110 81/16 12917 105121 105123 106/2 106/5 106/7 73/16 82/25 84/2 85/23 86/7 86113 166/3 something [28) 7/I4 10/17 19/18 106/9 106114 I 06/15 I 06119 90/16 90/24 9111 91/2 9116 91/14 showed (4] 57/5 68/21 91/3 21/20 24/13 33/5 42/1 46/22 47/18
0 107123 107/24 107/25 108/1 109122 109123 111/3 158/2 searched [I] 35/22 searches [I) I0417 91114 91/17 92/10 92/12 92/15 93112 141/16 142114 142/16 142117 142/19 142/20 142/23 164/10 shown [2] 49119 16717 shows [2) 133/4 172/20 59/12 63/20 80/6 85/4 93/19 106/11 117/2 11717 117/9 132/4 135/10 149/11 150/1 150/6 171/13 143/2 143/3 143/6 143/8 143/9 sic [I) 12115 I73/13 175/2 176/24 178/13
0 searching [2) 30119 60/4 seasoned [I) 173/3 143/10 143112 143112 143/13 side [I7] 8/12 8/14 39/21 43112 146/20 147/4 147/8 147/8 147110 44/19 44/23 75/25 77/3 103/25 sometime [I] 12/19 sometimes [6) 68/6 69/8 69/8 statement [12] 10/6 10/24 11/11 117/3 122/6 talking [28] 12114 12/24 13/21
0 sometimes... [3] 98/23 176/21 176/24 Somewhat [I] 129/17 11/20 12112 22/23 26/11 86/2 101/12 102/23 111/16 170/11 statements [I] 22/20 sufficient [3] 103112 103/20 109/24 Suite [2] 1123 2/6 · 15/13 18/19 30114 35/24 36/13 44/9 46/24 73/23 85/2 85/9 85/21 86/22 109/25 11 011 II 0/2 124/21 times [8] 63/10 103/3 103/4 I 08/4 68/3 71/24 72/9 88/18 88/18 94/11 108/11 111/15 12317 123/13 124/2 134/3 139113 14317 181/19
0--. ! thank. .. [11] 112114 157/2 157/6 98/3 100/25 I03/15 104/5 106/5 159/13 159124 159/25 160/11 167/23 16817 185/5 185111 I08/IO 109/11 110117 1IOI17 110123 110/24 11111 115118 137/11 139/17 143/6 163/13 tinted [5] 75/16 75/22 76/3 I68117 I77/8 177/9 177/23 178/6 102113 102115 think [43] 7/5 7/9 7/17 7/23 8116 tip [5] 108/24 109/4 109/13 Thanks [I] 155/23 119/22121/8 121116I24/13 9/15 1219I2110 1411 14/11 14/23 109/16110/9
0 that [119I] that's [I34] 8/5 10/25 12/3 I3/6 126/I6129/10 130/1 130119 I40123 140/25 148/25 149/12 13/9 13/I4 16118 17/2 17/4 17/10 149/14 163123 169/18 17017 . llfl6 \8Zl2 19116 ZP/21 29121. _ .L7.0111J.75/10.175lll 17.617 14/24 15/6 1517 37118 42115 57/5 titled [I] 1115 65/22 78/1 82/12 85/5 85/5 101113 Tobacco [1] 72/13 104123 104/24 105/22 105/22 1211A 12118124/5.124/6 12417 today [13] 25/10 26/2 29/2 40/14 124/23 12811 128/18 163/13 n 21124 23/1124111 25110 31/12 176/23 176/24 178/11 178/11 124/11 I29/8 152/25 153110 168110 18017 18118 181114 18317
u 34/20 3511 36/13 41/21 4217 43/2 178116 178/18 178/19 180/3 180/4 156/17 16717 171121 174/21 44/5 44/10 4511 45/2 45/8 55/24 180/8 180/17 18119 174/25 175/9 176/8 together [10] 2317 32/8 75/9 115/11 119/15 122119 167/1 180/19 180/23 182115 56/20 59/15 61/3 6114 61/5 61117 therefore [4] 17/8 63/1 65/4 thinking [2] 118/4 152/5 61118 62/4 63117 65/14 6817 7112 109111 thinks [1] 171113 told [55] 8/11 10/22 17/23 19/3
0 71120 71/23 72/4 72/4 72/13 72/25 therein [1] 70/11 7317 86111 87 /I 88/3 93119 94/1 Theresa [1] 17114 this [254] thorough [I] 11114 94/3 94/5 94/12 94/24 96/8 100/20 these [33] 15/9 16/3 16/11 16/22 those [58] 14/19 17/2 17/4 1717 47/14 56/13 74/2 74/22 80114 93/6 97/8 123112 123115 124/5 125/24 127/21 129/2 129/21 132/3 13217 102/11 I02/24 103/22 104/6 105/8 16/23 17/20 18/12 23/IO 23/12 18/4 18/71817 18/21 1917 I9112 132/14 133/15 134/3 13417 134/8
0 106/17106/20 107/4I07/6 10717 29/19 41/4 48/11 48/12 48/12 107/9107/25 109/19110/2 1I0/10 48/25 49/1 51111 51112 51114 II 0/11 110111 11 0/15 111117 51/18 51/22 52/11 53/19 55/2 21/16 23/4 23/5 24/3 32/6 33/11 48/6 48/22 49119 50/4 52/1 52/5 134123 135/24 135/25 I35/25 136/5 136/9 136/19 138/16 139/1 52/24 53/13 54/6 54/II 56/5 64/6 139/23 140/10 142114 143/9 115/9 116/411617116/18116/19 55/15 108/11 110/9 111115 Il4/22 65/9 67/11 67/15 68/3 68/10 68/20 I47/17 154/23 162/19 165/15
0 122/10 124/8 125/5 125/9 125/10 143/21 165112 171117 182/16 125112 127112 127/18 132/11 68/21 68/24 68/24 72/16 72/I7
132/14 133/19 134/5 140/5 140/10 17/10 18/4 18/5 18/9I8/10 20/18 114/13 114118 I18/1 122114 142/15 144/16 I4817I50/17 20/I9 20119 21/15 2317 23/10 I56/20 163/12 168/17 169/13 176/12 177/12 177/20 17911180/9 they [149] 13/23 16/5 16/1617/10 88/16 103/19 10517 I06/2 II0/18 I81/15 1811I5 181/16 I81/16 181120 I8217 182110 183/2 tolerance [1] 55/20 169115 171/21 177/8 177/9 180/15 too [11] 11/22 15/15 17/16 50/17 0 153/19 I58121 164/25 16617 23/11 23/13 23/13 23/I4 23114 168/25 168/25 169113 169/19 23/15 23/15 23/19 23/20 23/25 180123 52/11 55/16 71113 91118 103/25 169/21 170115 170/22 171122 24/I 24/8 24/9 24/21 25/1 25/4 though [I9] 63/6 63/24 64/10 139114 172/5 174110174121175/3175/6175/11 25/5 25/6 2517 2517 30/23 30/24 6611 76/8 94/18 94/19 106/9 took [8] 32/13 43/8 85/18 124/25 176/9176/13 I76/20 177/4 177/8 3II1 31110 31111 31118 31/19 3217 106/10 117/4 121119 I28/1 139/I8 I25/3 14115 175/22 176/13
0 177!12177114177/19I78/3179/2 33/12 48/16 51/17 51124 52/3 52/4 156/4 159/3 164/15 167/19 I72/2 tools [1] 37/18 179/2 179/3 180/6 thefts [2] 122112 122/13 52/22 53/16 53/20 54/8 55/3 55/16 173/18 55/18 68/2 68/5 68/6 70/11 70/20 three [7] 8/11 13/20 51/9 14317 top [6] 4311 45114 60/25 60/25 73/20 156/10 their [23] 7/6 11/19 14/17 2117 72/16 72/I6 75/10 75/21 77/3 143/8 181118 181119 torn [1] 48/8
0 3517 63/20 100/15 101110 105/2
10717 107/21 111/3 140/7 160/2 80/20 80/24 8111 8116 84/12 85/5 threw [1] I71115 106/9 106/IO 106117 106/20 107/6 85/9 87/1 9118 92/1 92/24 93/24 94/16 100115 10113 1011410115 through [31] 7/21 20116 20/23 total [2] 28/6 186/11 touching [1] 47/4 24/20 25/6 36/3 36/20 37/10 45110 tow [3] 24/11 84/16 84/19 170/9175/16 177118 177/18 10115 101115 101/17101123 102/1 47/13 47114 47/19 47/24 48/6 toward [I] 44/22
0 them [45] 12/6 18/9 18111 22/5 102/1 102/2 102/6 104/2 104/5 48/12 48/13 48/18 54/25 61117 23/5 23/8 23/I1 23/14 23/15 23/17 104/20 106/4 106/8 106/10 106114 8112 8113 94/13 126/21 140/17 23117 23122 23/22 29/22 30/21 108115108117110/16111/9 1411915317 168/11 170/6170/8 towed [6] 24/6 24/11 24/16 35/14 61/14 62/25 towing [2] 84/14 84/15 .
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152114 154/5 161121 162/2 164111 158/13 162114 162119 168/23 thrown [1] I2711 98115 10113 110/15 112/4 118/14 144/15 148/1 15011 157/22 158/4 throws [1] 17 1111 thumbs [1] 161124 trace [1] 72/8 traced [1] 72/6 track [2] 176/21 176/23 tracked [1] 72/6.
o 165/13 171122 !83117 183/19 themselves [11 54/4 then [71] 8120 917 12/20 12/20 12/21 13/10 13118 15/14 17/11 168/23 169/1 169/2 169/14 169/16 time [81] 8116 1 Ill 11/4 I2/23 170/4 170/6 17017 17119 17119 171110 171124 172/6 173/24 13/4 13/19 25/15 28/10 28112 31/10 32116 33/9 35/22 36/23 174117 174/19 175/4 176/1 17917 43/21 44/16 45/9 55/12 70/19 tracking [1] 74/10 traffic [9] 18/4 23/9 23/9 59/2 74118 74/20 100/24 110/2 145/10 training [3] 28110 28/16 165/25 23/21 24/23 25/1 30/2 36/8 48/11 17917 184118 184119 184/24 - 71/18 71/22 73/6 8011 97/4 99112 transactions [1] 103/11
0 5517 55/10 61125 62/1 62/1 62/16 they'll [31 20/22 55/16 184/24 62/19 64122 6711 67115 67/16 68/1 they're [251 12/4 23/25 24/3 71111 84/9 98/1 102/16 104/15 24/17 24/20 43116 50/11 51114 99/21103/5116/2117/21 117125 transcription [I] 186/5 118/8 118/8 119/4 119115 120/9 transported [3] 136/14 136/14 120/11 120/20 I2113 12I/7 12117 137/3 105/17 110/6111122 114/18 53/21 59/18 59/18 70/19 70/21 121124 123/1 123/22 124/i8 traveied [I] 162/25 traveling [I I 58/10 D 118/18 118122 119/1 119/18 121121 122/10 122110 122/11 82117 101111 101/18104/14 124/20125/16 128/14 129115 110/10 142/11154/3 166/1 171/18 132/23 134/2 134/16 134/19 123/21 126/6126/10 132/3 132/17 171122 174/19 177/3 Travis [I I 1116 135117 138/6 140/9 140/16 141/14 trial [11] 113 1/11 19/21 2011 142/17 148114 149/9149/9 149/16 they've [3] 108/5 111111 163/2 143/18 145/17 145118 146/18 25/24 100/19 109/11 151/24 166/4
D 149/25 150113 150/18 155/15 thing [19] 9/I4 12/23 16/18 35/21 147/5 147117 15017 150114 151/13 168/9 170/8 162/5 166/4 166/6 166/23 171115 55/8 98/21 101/22 103/22 106117 151124 160/8 160/11 162/12 163/2 tried [2] 65115 66/8 173/24 179/16 181/3 181/8 181/9 129/2 134/9 155/19 156/9 174/3 181/14 18211182/4 163114 I66/24 168/8 170118 tries [1] 55/21 176/19176/20178/16183/2183/9 181112 181120 183/8 184/19 185/5 trigger [4] 55/4 55/9 55/13 67/12 there [187]
D things [29] 8/6 9117 1917 24/20 18517 trip [1] 117/18 there's [60] 23/16 24/18 41/25 24/25 25/1 29/15 58/9 66/9 72/17 timely [11 100118 trouble [13] 26/3 117/13 119/13
.. Demse C. Phillips, CSR -D ----------------------·- 0
J T State v David Duane Greer underneath [1] 55/6 11/14/12 variety [1] 28/14 Vol 4 w understand [16] 131114/617119 various (5] 24/25 32/3 37/18 38/2 trouble ... [10] 134/10 134/16 19/20 57/25 66/23 97/18 98111 67/16 waiving [1] 7/24 136110138/15 15011166/24 98/17 121/10 124/20 124/20 125/8 vehicle [102] "H!-/-I-0-231T3"L476 walked [6] 84/9 85/6 8517 90119 173113 177116 181112 183/4 126/22 149117 150/9 -2-4lJ-JA/8~4!-l0-25i'T-2'51'2filJ71= 90/24 14917 truck [59],~24i~24'f4=24J-.I.·S-Q4/-!-9· understanding [4] 14/17 16/8 ..3.0J-2-3-a@/·2-§-3-1:(4-9-3+rfii:§2:/24::- walking [3] 43/24 4511 45/2 2ttt22-25ft':l:l=r6~::Jl71'5~1/+H-2/-2H' '93/23 13 6/3 -J212~35/4-3S/4·-35f5-:3-5/8 walks [1] 123111 3~37/6 37/9 37111 understood (1] 31112 3"51ttl""3S~5il4.-:351·I-~ wall (1] 119119 31Ll6.31Ll-6-3-1/-J..9-3 8/-l=-3-8-fl-38123- unduly [1] 12/4 J6/1 iJ6L2.Q-3-6R:-B6t23-:3-7J24.--· want (54] 7/22 16/16 21119 21/20 ~/5':'4-oti-HtJt~?<t4f!:_6:4'4>/T.l uniformed [1]· 30/3 ,5 8/-1~8tb-58-/6-5,gjr2@ r6-Vlk62f2 - 21121 26/3 28/192.9/23 49/5 5119 4"5t1·0-4*1-4-4-St-1-H&#.i·47f·~ unit [2] 27115 58/12 .&2.J-2-j-6iJ-&6Si·l"S~L:/~4-1S/-3-7.51-lO· 56/22 59/15 61114 62111 62/12 -~52.J-2.:t;..56MootGc6-ff!'~t9>- United [2] 16317 167115 ff:S-fJ:-5-75-/-~l-3--8-lfto-817T7 69/24 69/25 74/1 74/2 76/23 77119 w~i-'==rr47T9114723- units [4] 30/2 31120 31122 74/11 -8N2.Q-82:~4:19·8¥Hl-84/J-2 83/18 96/16 96/20 98118 98/19 '"mm-r29t&H+Fr1·s-1"1~I-3-3.f.rr 'ilrtlawful [1] 184/4 E4t'1"6847T8'84RQ.8-1/H 88/4 117/1 117/9 117112 119/22 121/24 L4.1/6-14-7/-I-!+5-41z:3:'1 ~/6 unless [1] 17511 '8-&-JffrS9"/~efM.rJ.0·1-/HOT/6. 124/14 127111132/18 135/8:·136/2 ;~917 ci·6~12.1-1-7-9.L2-J...7.9ri 181 I 1 unlikely [1] 70/5 .J.O·U2:0:':.rD2/2:1.02/6J.02/J,_l04/4 138/15 139/16 140/6 142/6 152/8 ~ unmarked [3] 23/21 32/1 3217 rl'el5/4··t 08/9"f68TI'4:o1;08/-f'7-ttfit6- 16115 161112 166/22 16817 168/18 172/13 172113 176/4 176/5 176/6 true [10] 104/8 105/23 169/8 unnamed [1) 103110 Hi'l"troTIO'/Yv-t·Wf-I-9-111/8 169112 175/19 180/8 182/8 182/13 until (3] 12118 121120 145/17 r+-J..l.R-4-l-l.J/-7-J.30/l'1--1-3-7/.YT5-tfl-2. 178/14 184/18185/9 183/2 186/5 up [100] 7110 8/10 9/10 9/24 11/3 --J-5-t/·1:6-J.591+~1.$.9/-2· l6;4t2-1'64/ 14 wanted [7] 7/25 8114 11/3 104/19 truly [1] 186/9 16/16 21/20 24/14 25/4 27/21 1-641171667TOI:66/-20_17 tH- 116/25 116/25 14112 trunk [1] 37/2 32/24 32/25 35/10 36/6 37/13 38/4 m~SLU--1.18/.2_4_ wanting [1] 119/12 trust [2] 138/16 14211 39/17 39/20 44/23 45/4 45/6 45/14 I 'Hlfl5-PlW4-H9t6-I-79/1"4--Q2120. ~ants (2] 8/12 107/13 truth [7] 101/11 132/5 13217 45/21 46/15 48/8 49112 49/24 1-~2 WARD [7] 2/5 78/15 91122 144/5 143/3 175/24 178/14180117 51/18 51/20 55/13 55/23 6113 63/2 vehicles [9] 23/16 29/24 32/6 150/24 162116162/17 truthful [6] 92/1 138/5 142/23 65/16 66/20 71/4 75/21 80/5 84112 32/18 32/19 32/23 33/23 35/22 Ware [7] 5/21 80/2 81/19 81/20 170/14170/17 171121 85/6 8517 85/18 90/24 92/24 95/4 88/23 157/3 15717 157/13 truthfully (1) 108/5 102/1113/22114/8115/16116/17 veracity (1] 101111 warm [2] 118/13 171/2 try [8] 26/6 27/22 46/11 52/1 116/25 118/14 121/9 123/13 verbal [1] 91115 warning [1] 161112 64/19 66/4 121/9 127/3 123/19 124/1 124/8 124112 124/12 verdict [7] 153/12 153/21 183/22 warnings [1] 16113 trying [2] 98/11 168/4 124113 124/24 125/3 125/20 126/6 184/1 184/2 184/10 184113 warrant [25] 6/5 6/5 11/25 12/20 tuck (1] 118/14 126110 127/1 130/3 130/4 130/5 version [1 J 162/9 13/5 13/5 13/17 1711 17/2 19/2 turn (1] 23/15 130/9 130/11 131115 139/9 140/24 very [17] 9/6 12111 38114 38/17 33/6 59/5 75/5 I 03110 I 03113 turned [1] 32112 141/21 142/22 145/13 149/1 14917 54/21 80/23 82/2 I 08/23 11112 103/16 103/19 103/23 103/23 turns [1] 24/14 151/23 152/9 162/18 165/11 143/10 143/11 154/4 182/11 108/1 109/22 109/24 120/14 turpitude [3] 77/8 119/25 122112 165113 166/5 166/15 167/6 16717 182/19 182/20 18517 185/11 121/19 138/11 TV [3] 27/20 46/15 166/8 167/13 168/4 171/13 174/15 veteran [1 J 173/3 warrants [33] 16/4 16113 16/24 twice [2] 50/21 16118 174/16174/23 175/15 176/20 victim [7] 59/6 84/2 84/3 92/8 17/4 17/8 17/12 17/2018/4 1817 tWiddle [1] 161124 178/21 17917 180/20 182/2 92/16 139/11 148/24 18/22 18/25 22/25 23/4 23/5 23/11 two [29] 1817 21116 28/8 28/9 upon [6] 17/23 17/24100/24 video [37] 6/6 6/6 23/24 33/19 23/12 23/25 24/3 28/23 29119 5615 96/17 101/18 104/2 105/25 102/6 I 04116 182/23 34/4 36/9 42/20 43/10 43/22 57/5 31121 33/11 75/4 75/10 75/11 106/2 110110 113/2113/4 113/5 upset [6] 98/6 98/9 98/23 119/21 58/16 7116 98/2 98/3 118/15 80/24 8111 8117 83/9 101119 117/15 122113 139/22 143/6 172/22 172/23 144/10 144/11 145/13 146113 108115 11112 157119 _ J52D4J5!1/U5A/3_16W6.J61/17. urge[2]-l00/17-l00/2l-- - ---- -146/17-15118 1-§1/l0-1-51/17 -1-5 8/4 was-[510]- - - -- -- - - - --
162/15167/1167/1168/14 172/4 urgence [1] 90/8 164/9 164/10 164/11 164/20 washing [1] 178/23 181/23 us [16] 9/5 1811 25/10 29/23 5211 164/25 165/2 165/9 165/25 18115 wasn't [31] 18/4 52118 58/11 type [18] 21/15 28/2 49/22 51/22 57/5 72/1 72/2 87/21 97/20 101113 181/25 182/9 182/13 183/15 63115 65/2 71111 97/10 I 08/8 52/22 53/1 59/1 59/23 61/15 62/19 111/23 120115 160/11 165/18 videos [1] 103/6 119/12119/12126/412817128/10 82118 87/24 9117 91114 92114 178110 videotape (2] 132/25 133/4 132/24 133113 134/1 135/19 97/19 12213 122/12 usable [3] 4711 47/6 47/9 videotaped (2] 132/22 143/12 135/25 136/1 139/2 139114 139114 types [4] 66/25 72/16 72/17 7717 use [4] 12/9 54/23 143/3 166/12 view [1] 183/15 142/23 146/25 147/18 164119 Itvoo Ill 95117 used (3] 106/18 162/24 167/24 violate [1] 121115 164/20 165/6 166/17 166118 u using [3] 33/2 110/23 176/17 usuallv i21 123/11 125/5 violates [1] 102/25 violation [1] 59/2 174/13 waste (2] 11/3 43/21 ugly (1] 79/19 watch [3] 36/9 46/15 18114 Uh [5] 18/8 21/4 21113 85/22 v virtually [1] 24/5 visit (5) 7/6 119/23 148/14 184116 watched [1] 165/18 132/6 V.Dire [1] 5/1~ 184/22 watching (2] 58/8 164/20 . Uh-huh (5] 18/8 21/4 21113 85/22 vacuum [1] 180/18 visited [8] 21/2 2117 90113 102/12 way [29] 11/19 20/18 20/21 20/23 132/6 vague [1] 140/15 137/12 139/10 148/16 171/5 58/14 58/15 66/4 66/20 67/4 68113 ulterior [1] 106/6 vaguely [1] 125/12 voice (4] 166/21 18116 181110 68/25 86/11 110118 121/10 121116 ultimately [9] 13/8 13/10 1617 valid [3] 17/8 106/8 106113 183/1 140/4 148/8 153118 163/9 165/16 32/18 80/12 83/8 86/23 8717 validity [2] 17/12 18/21 voir [4] 163/15 165/15 176/12 171/20 17211 175/5 175110 175/11 114/18 Valley [1] 79111 177/20 17617 178/2 18311 183/1 under [IS] 13/16 14/19 23/5 37/2 value [5] 1211114/14 14115 14/25 volume [6] 112 3/2 4/2 5/2 6/2 ways [7] 20/19 58/12 101/15 39/9 63116 76115 83/15 110/14 1517 186/6 105114 108/24 143/8 181/19 1l2/12 13811914115154/10 · van [1] 23/22 Volumes [1] 112 we [246] '] 156/10 185/9 vantage [2] 58/21 98/13 we'd [4] 11117 76/8 159/21 n~~ we'd ... (1] 177115 we'll (15] 15/20 22/12 22/20 42/25 45/4 45/8 45/16 46/8 46/24 117/17 118/24 119/18 12017 123/8 99/21 103/19 104/4 105/5 163/25 48/4 48/14 49/22 51/6 51/12 56/21 127/24 140/14 143/9 150/2 152/22 165/24 166/10 167110 48/11 89/24 90/1 142/5 142/9 56/22 57/3 58/12 58/16 61/4 7411 156/3 158/25 159/1 159/2 159/17 without (7] 80111 80/23 83/17 151/21 151124 153/2 157/3 16011 74/2 74/22 75/2 79/10 79/24 80/9 159119 165/2 171119 171/24 172/8 83/24 85/14 86/13 117/2
0 162/12 185/13 80/11 80/11 82/10 82/13 82/15 172/9 175118 witness (55] 9113 20/10 26/16 we're [31] 7/5 12/24 13/21 15/19 82/16 83117 84/16 84/18 84/24 wherever (1] 116/24 33/14 40/3 41112 41/16 42/11 15/25 16/18 17/3 1717 17112 17115 8517 85/12 85/14 85/19 86/4 86/13 whether (14] 66/14 6917 94/3 45/24 48/1 50/25 51/25 54/15 21120 32/3 35/24 36/3 36/7 36/8 86119 89/5 90/16 91/2 91/4 91/15 94/16101/11 102/14 105/23 54/20 56112 57/8 59/1 73112 74/7 42/15 44/4 64/23 I 05/1 106/1 93/12 93/20 9619 97/3 97/7 97/21 108/10117/5 121/5156/5156/9 76/6 76/7 78/10 86/2 87/10 89/1
0 I 06/2 I 09/25 11 011 110/1 110/23 153/23 169123 175/12 178/15 178/22 98119 99/2 100/13 100/20 102/9 169/18 177/10 91120 92/19 95/12 95/19 97111 102/10 103/22 10511 10717 107/8 which (18] 14/17 1617 16/24 2116 99/5 99/8 112/12 122/23 12717 107/8 11017 111112 113/20 113/24 21112 50/14 89/25 94/25 95/3 137/8 141112 142/22 142/22 we've (12] 50/21 76/17 104/10 114/9 115/15 115/21 122/3 124/6 99/14 99116 109/24 113/16 115/5 147/13 150/22 151118 154119
0 I 05/4 113/16 115/17 118/15 151/22 160/6 16717 173/17 173/17 weapon (12] 6/10 6/11 46/12 124/8 124/22 125/5 125/9 125/10 122/12 128/9142/15 186/7 125/12 12917 130/2 132/4 132/6 142/15 143/5 144/17 145/3 14617 56/19 84/24 85/2116/11 127/3 155/24 156/22 157/4 158/17 while [20] 30/19 32/1 34/22 39/16 159114 159/20 164/24 167/4 168/12 170/9 170110 186/13 50/25 5211 52/5 54/2 55/25 56/8 147/22 148/20 158113 158/21 128/24 129/19 131116 135117 witnessed (1] 73/6
D 104115 104117 177117 weapons (3] 24/1 3317 94/16 wear (5] 57/4 118/8 118/10 163/17 164/4 164/9 166113 168/11 140/11 140/16 142/20 155/8 168/13 168/25 170/6 17017 171112 158110 161124 163/13 171123 172/2 172/3 174/6174/13 whiskey (1] 166/6 witnesses [8] 3/8 4/5 4110 99/13 152111 152/14 154/2 166/1 women's (1] 38114 118/12171/7 174/25 175/25 176/13 177/14 white (1) 58/23 won't [6) 5118 52/8 64/22 94/15
0 wearing (49) 29/5 2917 42/25 43/1 43/4 4317 44/6 57/6 71/10 73/16 73/20 73/20 82/13 82/15 82/16 91/17 108/8 108/8 118/17 118/19 177/23 177/24 178/20 180/6 180114 180/15 180121 180/24 181/4 181/11 181114 183/5 who [29] 23/13 23/14 24/15 25/20 111/23 118/23 29118 31/6 31/8 36/23 58/1 63/12 word (6] 27/25 99/2 132/20 72/6 74/14 80/16 81/14 83/5 85/16 132/20 162/5 162/5 word-for-word (1) 162/5 what's (22] 11/6 24/8 33/17 35/6 85/20 86/23 8717 102/21 144/15
0 119/1 119/2119/4 128/3 128/5 35/16 37/20 40/6 40/17 42/4 43/15 144/24 145/1 149/8 165/23 167/4 words [1] 124/6 128/6 12817 128/8 128/8 128110 44/17 47/20 53/10 79/5 93/22 94/9 170/23 174/4 175115 wore [1] 118/9 128/16 128/21 128/22 144/18 103/9 103/13 109/19 110/20 151/1 who's'(?] 14/16 44/3 44/9 63112 work [7] 28/3 28/3 35/2 79117_ 144/19 145/3 145/5 145/19 164/14 155/6 87/4 103111 182/21 96/14 14911 152/2 164/17 164119 166/9 166/16 whatever [9) 13/23 26/1 35/9 whoever (1] 185/8 worked [6] 66/17 79/11 91/24
0 166/17166119 17113 171/6 18217 182/10 wears [1) 170/25 55/11 59/16 114/1 114/12 116/24 whoever's (1] 149/22 149/20 whatsoever (1] 100/25 whole (8) 101/22 104/3 105/10 -· 106/17 145/13 153/16 164/5 9217 92/12 108/22 working (1) 157/15 works [5] 35/3 36116 54/23 67/4 weather (1) 82/1 I when (121] 10/22 12/9 12/21 178/16 121/10
.0 week [6) 69/17 70110 72/12 72112 173/23 174/5 weeks [4) 8/11 146/23 162/18 13/16 23/20 25/4 29/19 32/10 35/3 whose [11] 24/15 30/25 71/25 world (2] 111/12 163/1 35113 36/5 37/10 39/19 40/1 40/14 71/25 85/13 115/23 132/1 132/20 worth (2] 1517 174/13 40/25 43/8 45/9 45/20 47/13 47/13 137123 167/3 172/20 would (103] 11118 14/24 15/2 173/8 47/18 47/24 53/14 53/20 5915 59/8 why [51] 13/14 17/19 38/13 50111 16/15 17/8 17/11 21/6 2116 2119
0 weight[!) 11115 weird (1) 176/25 well [56] 8/4 9/15 12/6 17/9 20/13 6115 62/2 69/16 69/21 70/3 7113 52/7 52/17 53/2 61/17 65/23 74/18 21115 26/24 29/4 34/1 36/24 38/21 7115 72/10 73/16 81/17 84/5 84/16 74/20 74/24 80/3 80/19 83/25 8517 85/19 85/21 90/13 91/3 9117 102/12 105/24 105/25 116/9 38/25 41/2 43/20 45/9 48/17 51/5 5116 52/23 54/3 57/2 57/4 58/6 . 35/7.38/..'1_38118 46/2_48/12_60/10. 93/6 971.7-98/5-98/.15-106/5-1 09/2l -1·16/.l8-1·16/l9-117f.lll27/18 ..... - 65/.J-6514-65/5 65/6 651"7 6612 67/8 .
0 60125 67/20 68/11 69/24 71111 71/14 82/6 87/3 87/14 89/10 89/16 90/1 97/3 98/15 98/17101116 103/3 103/3 103/15 103/17 104/13 115/11 116/20 117/14 118117 118/20 118/22 118/25 119114 138/3 138/8 138/10 140/1 140/3 67/11 67/12 67119 69/21 73/3 73/3 140/10 149/12 165/4 165/5 17111 75/22 78/16 93/1193/12 93119 119/17 120114 121/1 12113 121/4 172/21172/22 17411 174/2 174/5 94/10 94/18 96/1 9817 98/8 98/22 123/8 123/11 123/12 124/1 124/5 176/19 177/4 178/8 178/8 179114 100117 102/13 102/16 I 02/17 106/12 106116 108/23 122/14 125/24 126/1 J 126/22 127/1 180/3 180/6 180/13 180/14 18112 103/22 104/9 105/21 106/4 107/24
0 125113 126/19 128/2129/3 131119 133/5 139/9 143/2 146/25 148/4 149/1 149118153/23 164/8 170/18 128/11 128/12 128/15 130/3 130/3 181/25 182/5 182/14 130/9 131/6 131123 133/10 133115 will (39] 9/2 10/14 10115 10/24 136/4 136/13 137/11 138/16 109/2411114112/8 116/9117/6' 117/8117/22118/4118/8119117 16/11 19/7 22119 26/1 34/6 35/18 119/18 119/25 120/2 122/12 124/7 173/25 174/8 178/22 180/21 182/2 138/18 139/14 139/23 141/4 141/4 41/9 48/23 52/3 52/4 54/11 55/2 125/5 125/9 131/2 132/25 133/2
0 went[8) 12/21 13/18 29/19 118/25 120115 122116 14119 171/17 142/22 145/8 145/14 148/14 150/4 5517 5519 55/10 55/13 55/21 94/16 136/4 141116 142/3 142/12 142121 150113 150114 154/22 159/3 159/5 94/19 95/2 95/2 99/13 99/25 100/3 149112 149/l5 149/21 153/11 162/10166/21.167/6168/18 100/8 105/6 107115 160/11 162/9 153118156/24157/11 158/6161/9 were (193) 170/13 170/14 171/4 172/12 172/9 176/2 176/14 177/15 184/14 165/4 165/5 171/7 172/7 172/21
0 weren't [8) 17/7 98/12 128/2 133/12 138/5 145/8 174/3 174/14 what(174] 8/21 9/16 9/22 10/10 172/19 173/1 173/11 173/24 175/9 186/12 180/19181/518116181/10182111 WILLIAM (1] 2/5 182/18 willingly (1] 8/13 172/22 173/18 175/3 176/1 wouldn't [10] 59111 64/24 101123 117/9124/14149/23173/15 10114 10/22 12114 13112 13/24 whenever [7] 55/4 55/21 58/2 winch (2] 24/24 37/17 173119175/1 178/12
·0 14/3 15/3 15112 17/2 17113 17/23 17/25 17/25 18/20 20/22 21/1 I 21/21 23/1 I 25/10 25/1 9 25/25 27/2 27/14 27/15 27/17 27/18 68/2 7114 14917 175/23 windbreaker (1) 82/18 where [56] 18/22 24/9 27/11 30/8 windbreaker-type (1] 82/18 32/1 32/4 35/24 39/5 41/22 43/10 window [3) 164/1 167/11 178/2 wrap [3] 124112 124/13 130/3 wrapped [13) 124/8 124/1 I 12517 125/20 126/6 126/10 130/3 130/4 44115 44/16 60/16 60/22 63/10 windows (7] 75/16 75119 75/21 130/5 130/9 130111 140/24 171113 27119 30/11 31/12 31/15 32/10
0 32/22 33/21 33/22 35/6 35/12 63/18 64/13 71/6 73/6 73/9 82/1 82/19 88/3 92/23 94/12 10119 75/22 76/3 102/13 102/16 wise [1) 64/17 wrapping [2) 124/24 125/2 wrecker (4) 35/9 36/6 62/1 62/17 St at e v. Da VI"d D u ane Greer 11/14/12 Vol 4 I80/24 181/24 I82113 I82/2I w I85/6
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J wrong [4) I06/11 I49/I2 I49/I4 I65/7 wrote 121 97/17 97/18 I54112 I54116154/22 I58/l I58/5 I58/IO I58/20 your [119] 9/18 19/8 20/8 20/20 ·x -21/2122/8 26/I4 30/5 3015- 34/I9. 35/16 41/12 45/13 58/9 58/9 58/20 J XL 121 II912 119/2 y 59/8 60/I5 66118 68/169/7 76/18 77/3 77/li 77111 77/I6 78/7 79/5 79/21 84/4 88/3 89/22 92116 94/22 y'all (46) 30/4 30/19 30/20 3I/3 95/15 96/5 96h6 98/13 99/1 99/II u 31/5 31/15 31117 33/2 33/6 33/22 109/20 112/19 113/5 113/21 35/3 35/6 35/11 43/8 43/24 44/16 113/25 114/9115/II 116/4116/12 47/I3 47/I4 48114 49116 52/I4 - II6/2I II7/14li7/23 II7/25 56119 73/I6 80112 I14/24 I23/I 1I9/4 I2III5 I22/9123/7123113
J 123/6 I23/23 126/I1 I26/I7 I23/I9 124/2 124/6 I26/2 I26/8 I26!23 126/23 I27/3 127/5 128/11 126/11126114 128/1 128/14 I28/l4 I28/15 128/24 131/9 128/I9 130/4 I30/20 I33/2 133114 134/20 I35/II I35/I7 153/4155/8 I35/6136/3 136/6I3611I 137/25 ·I6I/I2 I76117 J y'all's [3] 32/I8 35/6 36/25 yard [2) 24/11 24/12 139/2 140/12 141/23 I42/2 145/I4 I46/18 I47/22 I48/1149/17 149/21 149/24 161/24 162/5 yeah (33) 8/17 8/I8 18/16 21/23 162/11 163/19 166/12 167/6 168/8
~ 34/I6 73/10 77/I4 I04/18 107/12 . I68/10 168/11 I68/16 168/19 118/3118/7I20/5 120113123/10. 168/25 I69/22 I70121 176/l 0 123/18 124/10 125/4 126/15 129/5 176/17 176/18 177/6 177/10178/5 13I/14131125 133/3 133/20 178/5 178/7182/15 182/16 I82/18
l 134/22 134/25 135/3 137/5 138/15 183/12 183/23 184/8 185/3 185/5 139/7 143/11 147/25 161/7 161/10 185/5 year'[7) 22/24 28/20 96/21 120/10 yours [3) 57/18 123/21174/24 121/l 140/12 167/11 yourself(10] 26/25 38/5 58/4
r years [17) 20/14 21112 25117 28/4 78/16 81117 96/1 157/11-167/3 28/6 28/8 49/25 78/23 79/2 79/4 79/9 79114 I13/1 113/4 113/5 162/25 164/1 yes [395) 178/8 181/7 yourselves [1) 166/9 l 1 A P P E A R A N C E S 1 3 ATTORNEY(S) FOR STATE:
4 RYAN CHARLES CALVERT J SBOT NO. 24036308 5 WILLIAM LEE WARD SBOT NO. 24077302 ] 6 Assistant District Attorneys 300 East 26th Street, Suite 310 7 Bryan, Texas 77803 ] 8 Telephone: 979-361-4320
9 ATTORNEY(S) FOR DEFENDANT: J 10 EARL R. GRAY ] 11 SBOT: 24007265 Gray, Granberry & Jones 103 N. Main Street ] 12 Bryan, Texas Telephone: 77803-3235 979-822-4759 13
J 14
15 J 16
17 1 18 ] 19
20 ] 21
] 22
23 ] 24
] 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT 1 CHRONOLOGICAL INDEX
2 November 15, 2012 Volume 5
3 Page
4 Enhancement paragraphs presented 5 5 Defendant's plea 5 Witness sworn 6 ] 6 STATE'S WITNESSES:
7 BRYAN WADE RUEBUSH: ] 8 Direct Examination By Mr. Ward 6 Cross-Examination By Mr. Gray 8 9 1 Witness sworn 12 10 GREG SILBER: 11 Direct Examination By Mr. Calvert 12 12 Voir Dire Examination By Mr. Gray 20 1 Direct Examination Continued By Mr. Calvert 25 13 Voir Dire Examination By Mr, Gray 26 Direct Examination Continued By Mr. Calvert 27 1 14 Cross-Examination By Mr. Gray 36
15 State rests 36 l 16 Witness sworn DEFENDANT'S WITNESSES: l 17
18 KENNETH GREER:
Direct Examination By Mr. Gray 37 l 19 Cross-Examination By Mr. Ward Redirect Examination By Mr. Gray
20 Witness sworn 45 I 21 ANNETTE GREER
22 Direct Examination By Mr. Gray 45 Cross-Examination By Mr. Ward so 23 Redirect Examination By Mr. Gray 52
24 Defendant rests 53 State closes 53
I 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER I 272ND DISTRICT COURT
1 CHRONOLOGICAL INDEX 1 2 November 15, 2012 Volume 5
3 Page
4 Closing Argument by Mr. Calvert 54 Closing Argument by Mr. Gray 56 5 Ruling of Court 58 Reporter's Certificate 61 6
7 ALPHABETICAL INDEX
8 Direct Cross V.Dire
9 Greer, Annette 45 so 10 Greer, Kenneth 37 41 11 44
12 Ruebush, Bryan Wade 6 8
13 . Silber, Greg 12 20 25 26 14 27 36
15 EXHIBIT INDEX 16 State's Exhibits 17 EXHIBIT DESCRIPTION OFFERED ADMITTED 18 17 Judgment and Sentence 15 17 19 18 Pen Pack 26 27 19 Pen Pack 20 25 20 19-A Judgment and Sentence 20 22 20 Judgment and Sentence 30 30 21 21 Judgment and Sentence 30 30 22 Indictment 28 22 23 Judgment and Sentence 28 29
23 24 Fingerprint card 36 36
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
0 5 1 gun.
2 Q. Okay.
0 3 MR. WARD: Pass the witness, Judge.
CROSS-EXAMINATION 0 4
5 BY MR. GRAY:
0 6 Q. This was quite some time ago; is that right?
7 A. It was in 2007, yes. 0 8 Q. When you observed him driving, was he violating
0 9
10 any traffic laws at all?
A. Other than the expired registration, no.
0 11 Q. Okay. So, he wasn't driving recklessly or 12 exceeding the speed limit or endangering anyone that you 0 13 saw?
0 14 A. No.
15 Q. He didn't try to run from you? 0 16 A. No.
0 17
18 Q. Whenever you actually placed him under arrest, did he use any force against you at all?
0 19 A. No.
20 Q. He cooperated fully? 0 21 A. I would say so.
0 22 Q. Okay. Now, you indicated that you had searched
23 the vehicle; is that correct? 0 24 A. Yes.
0 25 Q. Did you have a search warrant for 'that vehicle?
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 1 allegations, Judge, these enhancement paragraphs, which we
2 are not stipulating toi and we. are -- we object to as ] 3 well.
} 4 MR. CALVERT: Briefly, Judge. The 5 stipulation that was signed by both the Defendant and his J. 6 counsel yesterday -- I don't recall the exhibit, but it
7 was offered int6 evidence in front of the jury -- 1 8 specifically states that the David Greer who is the 9 Defendant in this case is one and the same individual who ·}' .
10 was convicted in the cause number from this judgment, ] 11 State's Exhibit 17, for possession of methamphetamine,
12 which this judgment is for.
13 And as to the hearsay objection, this is a
14 certified copy of a public document. It's not hearsay.
15 So, the Defendant has already stipulated on the record and 16 in evidence that he is one and the same individual that is
17 listed -- that was convicted in this case right here. J 18 That links this judgment to him. l 19 The only other hurdle you have to get over
20 is hearsay, and it's not hearsay because it's a certified J 21 copy of a public document.
22. THE COURT: I overrule the objectipn. J 23 Q. (By Mr. Calvert) Investigator Silber, I'm going to
24 refer you now
25 THE COURT: It's admitted.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .272ND DISTRICT COURT
0 17 1 1 the 85th, also on a defendant named Dave Greer with the l- same prosecutor, the same defense attorney, the same judge.
THE COURT: So, it's kind of a circumstantial proof of the same?
MR. CALVERT: Certainly, Judge; and that gets to the next thing I was going to talk about.
Mr. Gray refers to the lack of identifiable prints with respect to -- and really the only judgment here we're talking about is Cause No. 15269, because we have a good print on the other one.
And there's lots and lots of case law that goes back a long way on how you prove up judgments, and there are -- there's nothing magical about fingerprinta.
There's two hurdles you have to get over.
One, you have to show that it's a -- you can get over hearsay. It's a certified copy of a public document.
The second hurdle is you have to link it somehow to the individual who's on trial. But there is no one exclusive way of doing that. There's a variety ways of doing that.
And specifically, one case that I know of is
Flowers v. State, and the cite for Flowers v. State is 220
S.W.3d 919. In that case, they actually didn't have a
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT n 24 person convicted. Any type of evidence, documentary or testimonial, might suffice.
THE COURT: All right. I ' l l admit it.
(State's Exhibit No. 19 admitted.)
THE COURT: The objection is overruled.
DIRECT EXAMINATION (CONTINUED)
BY MR. CALVERT:
Q. All right. State's Exhibit 19, which has just been admitted, Investigator Silber, you told us earlier contains the same judgment for burglary of a habitation that's listed iri 19-A; is that correct?
A. That's correct.
Q. Does it also contain a separate judgment for Cause No. 15269 against this Defendant for another burglary of a habitation?
A. It does.
Q. Now, I'm going to refer you to State's Exhibit
18. Is that another pen pack?
A. It is.
Q. Is that a certified copy of a pen pack?
A. It is.
Q. And is there a cause number for the judgment contained in State's Exhibit 18?
A. There is.
Q .. And what is that cause number?
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
0 26
A. It's 1717585. 0-- 1
2 Q. Is that the same cause number that is also
0 3 referenced in and found true in the judgment contained in 4 State's Exhibit 17? 0 5 A. It is.
0 6 Q. And is that also -- does the court in this
7 exhibit, the 85th in Brazos County, match the court 0 8 referenced in State's Exhibit 17?
0 9
10 A.
Q. It is -- it does.
Is it also for an individual named Dave Greer?
0 11 A.. It is.
12 Q. All right. I'm also going to -- 0 13 MR. CALVERT: Well, at this point, Judge,
0 14 I'm going to offer State's Exhibit 18 on the same basis.
15 It's a pen pack for that cause number. 0 16 (State's Exhibit No. 18, pen packet, D 17
18 offered.)
THE COURT: Same objection?
0 19 MR. GRAY: Can I take the witness on voir
20 dire, Judge? 0 21 THE COURT: Yes.
D 22
23 BY MR. GRAY: VOIR DIRE EXAMINATION 0-- 1 opening at this point, but we would call Kenneth Greer to
2 the stand.
0 3 THE COURT: Okay.
(Witness sworn.) B 4
5 THE COURT: Have a seat. n 6
7 KENNETH GREER 1 having been first duly sworn, testified as follows: 0 8 DIRECT EXAMINATION
0 9
10 BY MR. GRAY:
Q. Mr. Greer, can you hear me okay?
D 11 A. Yes.
12 Q. Okay. And how are you related to David Greer? 0 13 A. He's our first son.
0 14 Q. Okay. And do you -- do you and your wife have
15 any other children?
0 16 A. We have one.
0 17
18 Q.
A. Okay. Is that a brother?
He's got another son.
0 19. Q. Okay. And I kind of want to do this in a
20 piecemeal thing. I'd like to talk about the first part of 0 21 his life with you and the later part with his mom. But
0 22 going back to his childhood, did -- how far did he get in 23 school?
0 24 A. I believe he completed the ninth grade here in 25 Bryan public schools. D DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 8 272ND DISTRICT COURT 1 Q. Okay. And you've -- you've listened to some of 2 the some of the allegations and the judgments and the nu 3 crimes that the State's alleged that he has committed.
B 4
5 So, he's had some problems in the past with the law; that fair to say? is 1 A. Correct. D--- _J 2 MR. GRAY: I'll pass the witness. _o 3 THE COURT: How old is he?
4 MR. GRAY: He's 45. 0\ 5 THE WITNESS: Forty-five. Uh-huh.
0 6 THE COURT: Okay.
CROSS-EXAMINATION Go ahead, sir.
7 8 8 BY MR. WARD:
0 9
10 Q. Mr. Greer, I just have a few questions for you.
You said David's your first son?
0 11 A. Yes.
12 Q. And you love him? 0 13 A. Oh, yes.
D 14
world? Q. Love him more than probably anything in the 15 0 16 A. Well, all my family, yeah. I don't love him any
0 17
18 more than I love my other son, you know.
Q. But you don't want to see anything bad happen to
0 19 him?
20 A. Oh, no. I don't think anyone -~ if anyone ever 0 21 wants to see something bad with their children, there's
0 22 something wrong with them.
23 Q. And you've been there for him his whole life?
0 24 A. Consistently.
0 25 Q. And you provided him advice about the things that
DENISE C.PHILLIPS, CSR
0' OFFICIAL COURT REPORTER 272ND DISTRICT COURT l :~ 1 enough motivation for him to change his wa~s back in 1997?
2 A. I can't say yes or no. I mean, you know, because lJ he paroled out in '05; and, I mean, I know what y'all have 3
} 4
5 shown here; but yes, he's done good, Q. too, you know.
Did you talk to him about changing his ways after
1 6 he paroled out?
7 A. Oh, yes. Uh-huh. 1 8 Q. Did you know that he was arrested in 2007 for 9 carrying a gun and having suspected drugs on him? J 10 A. That drug part is brand-new to me, but I knew
} 11 about the gun thing. It was -- it was thrown out, is all
12 I know. He was never prosecuted for it. ] 13 Q. · Do you know that between the time that he went to ~ 14 ja~l for 40. years in Grimes County in his first couple of J 15 felonies, he had another unlawful possession of a weapon?
~ 16 Did you know that?
17 A. No, I don't know that one. J 18 Q. Okay. Do you know he was in jail in Burleson
J 19 County
1 20 A. Yes. J 21 Q. -- in 2010?
22 A. Yes, which I think was reduced to a misdemeanor. J 23 I don't know. I mea~, that's what I understood. I don't ~ ~ 24 know.
25 Q. David has children; is that correct? l. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER J 272ND DISTRICT COURT A. Yes, three.
Q. All boys or boys and girl?
A. One girl and two boys.
Q. One girl and two boys. Okay. What kind of effect has his life had on his children?
A. Not a positive one, but yet all three of them still love him.
Q. Okay. What do you mean by not a positive effect?
A. I mean, they see what's going on; and they want to not do the same things, put it that way.
Q. Isn't it true that they've been in and out of trouble as well?
A. No, one has.
Q. Okay.
A. And he was a minor at that time, and he's doing good now.
Q. Okay.
A. The other two, the daughter has a -- his first grandchild, our first great grandbaby.
MR. WARD: Nothing further, Your .Honor.
REDIRECT EXAMINATION
BY MR. GRAY:
Q. Mr. Greer, you've -- you've worked very close with my law firm; is that right, ov~r the last, I guess, nine months?
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT lJ 45
) \ 1 A. Several months. !···· Q. Several months. And you've assisted in any possible way that you can in his defense, and you've always cooperated with us and everything, didn't you?
A. Yes. Uh-huh.
MR. GRAY: Pass the witness.
MR. WARD: Nothing further, Judge.
THE COURT: You can step down, sir.
Call your next.
MR. GRAY: We would call Ms. Greer, his mom, Judge.
(Witness sworn.)
THE COURT: All right.
ANNETTE GREER, having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GRAY:
Q. Can you state your name for the record?
A. Annette Greer.
Q. Annette, I apologize. I know you corrected me yesterday. I think I left you some messages and called you Lynette. So, I apologize for that.
How are you related to David?
. A. His mother .
Q. Okay. And we've already heard from his father DENISE C.·PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT that he has another sibling, a brother; is that right?
A. Uh-huh.
Q. Okay. And I know his dad had mentioned his children. What are their -- two boys and one girl; is that right?
A. Uh-huh. Danielle is 23.
Q. Okay. What are their ages?
A. She's 24 and has the grandbaby.
Q. Okay.
A. And David Wayne is 20, fixing to be 21. And Damian, his youngest, is fixing to be this month 16.
1 12 Q. Okay. And his daughter just recently had a t 13 grand -- a child?
A. Uh-huh. He's two.
Q. He's two. Okay. And has David had an opportunity to see the child?
.A. Oh, yeah, they're close .
Q. Okay.
A. That's what possessed him to straighten his life up.
Q. Okay. Now, I guess that would be -- that would be his only grandchild; is that right?
A. Uh-huh.
Q. Is it a boy or girl?
A. A little boy.
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT t. 1 1 Q. A boy.
2 Okay. We've heard some about his growing up
3 as far as his school life and talked a little bit about
4 his children.
5 Would you agree with your husband/ his
6 father, that, at some point, he started getting in trouble
7 with the law? t ) 8 A. Yeah.
9 Q. Okay. And I understand that that's probably
10 something you're not horribly proud of; is that fair to
11 say?
'I 12 A. That's right. J Q. And-David is 45; is that right?
A. Uh-huh. Yes.
Q. Is his birthday in December?
A. Yes.
Q. He has been in jail here in Brazos County for a period of time; is that right?
. A. Uh-huh.
Q. And that's, I guess, one'of the reasons why you-all have worked so well with our office is because he's been in jail; but you guys have been out and able to work with us; is that right?
A. Uh-huh.
Q. Are you aware of any kind of health problems that
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
0 48
[~( 1 he has at all? ~ ·. ~~
A. Oh, yeah. n 2
3 Q. And what would that be?
4 A. He's a bad diabetic. He has to have insulin 0 5 every day. His legs, they're going numb due to a back
0 ' 6 injury and just his overall health.
7 Q. Okay. As to the diabetes, has he had that all D - 8 his life?
D 9
10 A.
Q. No, he's had that, like, five years.
About five years? u 11 A. Uh-huh.
12 Q. And does he have to -- so, he has to take insulin 0 13 shots? u 14
15 A.
Q. Yes, every day.
Okay. Has there been any problems or any issues
D 16 while he's in jail as far as his diabetes?
D 17
18 A. Oh, yeah. They don't -- you know, when you have -- when you're a diabetic, you need to be on a
0 19 special diet; and all they gave him is starches, which
20 makes his blood sugar go sky high. 0 21 Q. Spikes, right?
0 22
23 A.
Q. Right.
Okay. I know as to his -- his legs, and we
0 24 haven't had him necessarily walk a lot in this trial or 25 anything like that, but they did seize a couple of canes 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT
(} 1 in the evidence that came out in the jury trial in the 1--.
2 listing. Does he use a cane? l 3 A. Yes, he uses a cane all the time.
4 Q. Is that due to his legs? l 5 A. Uh-huh. Because his knee just goes out, and he just hits the ground.
Q. As I explained to -- and you were here when I was speaking to his dad, the Judge has a pretty significant range of punishment in the case, depending on what occurs.
If no enhancements are found true, this is actually a third-degree felony; so, the punishment range would be two to ten. If one enhancement is true, it's two to twenty; and if two enhancements are true, there's a possibility he'd be looking at a minimum of 25 all the way to life.
So, there's everywhere from two technically all the way up \ u 16 to life. So, there's a pretty significant range of punishment. But he will have to do some time in prison for sure. We know that.
You know, what are your concerns as to any kind of a significant or a long sentence?
A. I'm afraid he'll die in prison.
Q. Would that be to I guess he's not exactly a spring chicken; is that fair to say?
A. (Nods head.)
Q. And also, some of his health concerns?
DENISE C.PHILLIPS, CSR ~; OFFICIAL COURT REPORTER I. j 272ND DISTRICT COURT
} 1 A. (Nods head.)
2 MR. GRAY: I'll pass the witness.
3 CROSS-EXAMINATION
4 BY MR. WARD:
5 Q. Ma'am, I just have a couple questions for you. l 6 Your husband said that David is your first
7 son? } .8 A. Yes.
Q. And I'm an only son myself; so, I know that you probably love him more than just about anything, right?
A. I love them all.
Q. You want to see him do well.
A. Yes.
Q. And you don't want to see him get in trouble?
A. (Shakes head. )
Q. You've always been there for him?
A. We practically raised his kids. We have two of them now.
Q. You tried to help him change?
A. Yep.
Q. And tried to help him change when he got out of , 'I 22 prison the first time; is that right? ( 23 A. We always help him.
24 Q. You tried to help him when he got out of prison
25 the second time; is that right?
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT A. Yep.
Q. And you probably really tried to help him when he got out of the prison this last time; is that true?
A. Yes.
THE COURT: What's the other son's name?
THE WITNESS: Will.
THE COURT: Will?
THE WITNESS: Uh-huh. David and WilL
THE COURT: Okay.
THE WITNESS: My son's name is Dave Greer, not David. His name is Dave.
Q. (By Mr. Ward} Do you remember when Dave was in prison in 1995?
A. Yes.
Q. It seems like a long time ago, doesn't it?
A. Yes.
Q. Was he still a young man then?
A. Yes.
Q. Did he try to change his ways when he got out?
A. He always tries to change his ways.
Q. Do you remember when he went back to prison in 1987?
A. Yeah.
Q. And do you remember when he got out, did he try to change his ways then?
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
} 1 A. Yes, pretty much.
2 Q. And when he went to prison again in 1997, when he
0 3 got out, did he tell you that he was going to try to change his ways then? 0 4
5 You have to answer yes or no for the court
D· 6 reporter.
7 A. Yes. 0 8 MR. WARD: Nothing further, Judge.
D 9 REDIRECT EXAMINATION
10 BY MR. GRAY:
0 11 Q. We've heard a lot of the bad acts that he's done, 12 the prison sentences; and the Prosecution is continuing to 0 13 reference those. I mean, there's a good side to --
0 14 A. Oh, yeah.
15 Q. -- Dave, though, isn't there? D 16 A. Uh-huh.
D 17
18 Q. others? Has he -- have you seen him be generous to 'I l 1.
2 have to deal with him because he's not going to stop committing crimes.
J 3 And he got the benefit of parole. And, you
4 know, Counsel asked his dad in this case if he gets the J 5 benefit of parole, will he change his way -- well, he was
1 6 on parole. He's on parole until 2037 from the last time
n 7 that he went to prison. And since he's been out on ~ 8 parole,_he's been arrested, I believe, at least three
~ j 9 times: He's been convicted of now multiple offenses since
10 he's been on parole.
~ 11 He got arrested for a felony in 2010 in 12 Burleson County, and they pled it down to a misdemeanor ~ 13 that he got the max on. They could have revoked him right
14 then and sent him back to TDC, and they didn't. He got J 15 another benefit; and yet, here we are again. ~ 16 The Defendant has communicated to you, both
~ 17 through his lifestyle, his choices, his actions and 18 literally his words. He is not going to stop.
~ 19 And so, Judge, I'm asking you for so years
20 because he got 40 on his last one. He's on parole for the J 21 next 25 years anyway, so let's do another 25 on top of
22 that.
23 I agree, it's sad; and it's not easy to
24 stand here and ask for this and say this; but I agree with
25 his mother that he's probably going to die in prison. But
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT ]
~· 1 he has put himself in that position and no one else.
2 There is not a soul in this world that needs
1 3 to feel bad or guilty about what happens to this individual because he has made his bed, and it's time for him to lie in it.
And so, Judge, I'm asking you on behalf of these individuals right here sitting behind me that they do not have to deal with this person in the community anymore.
THE COURT: Mr. Gray?
CLOSING ARGUMENT BY MR. GRAY
MR. GRAY: Judge, normally this offense would be a third-degree felony. It would be two to ten years in prison. The maximum would be ten years. Because he's had some prior convictions and some prior run-ins with the law, he's enhanced.
If you find those allegations as true, as to both enhancement paragraphs, he's looking at 25 to life.
If you find one of the enhancement paragraphs, he remains at a second degree, it's two to twenty.
But, Judge, what concerns me in these types of hearings, especially on the punishment, we have judgment after judgment after judgment that we lose focus of the offense itself. Yes, he violated the law. We may not agree with the jury's decision. We may not be happy
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
0 57 [I D 1
2 appeal, you can appeal it to the next level; but if you don't know that you lost, you might miss the 30-day [l 3 deadline to appeal to the next level.
4 THE DEFENDANT: All right. 0 5 (Proceedings concluded.)
0 6
7 D 8
0 9 0 11
12 0 13
0 14
15 0 16
0 17
18 D 19
20 0 21
0 22 0 24
0 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 30 (6] 4/20 4/20 4/21 4/21 59/3 59/5 addition [2) 2114 33/16 anymore (1) 56/9 anyone [3) 8/12 41120 41/20 additional (5) 15/25 20/23 22/24 anything [12] 9/7 10/8 1111 11/7 IS (5) 3/2 4/2 4/18 5/2 14119 30-day [I] 60/2 28/22 30118 15/24 32/6 39/8 41114 41/18 48/25
0 15269 (4] 19/23 22/25 23/10 25/14 300 [3) 1/23 2/6 61/18 310 [I) 2/6 15341 (8] 17/15 18/3 18/10 19111 3235 [I] 2112 adjudicated [I] 39/12 adjudication (I] 31/23 admit (2] 25/3 34/13 50/10 53/12 anyway (2) 54/13 55/21 apologize [2) 45/20 45/22 19/20 22/14 22/18 22/24 35 [I) 13/8 admitted [21] 4/17 16/25 17/1 appeal [5] 59/8 59/20 60/1 60/1
0 15th [I] 1114 36 [3) 4/14 4/23 4123 17/3 21111 22/2 22/3 22/11 25/4 60/3 16 (3] 39/5 39/5 46/11 37 [I] 4/10 25/9 27/10 27/11 27/16 28/25 29/1 Appeals (1) 114 166 (1] 24/8 3rd ril 61113 29/21 30/21 30/22 35/8 36/7 36/8 appear [2) 17110 20/25 17 (14) 4118 4/18 15/2 15/5 16/11 advice (1) 41/25 appears (2) 20/12 33/8 17/117/3 17/10 17113 17/23 22/11 4 advisement [I] 32/24 appellate (2) 59/11 59/12
0 26/4 26/8 31110 1717585 (1) 26/1 I8 [8] 4/19 25/18 25/23 26/14 40 (4] 31117 42/22 43/14 55/20 40-year [I] 54/24 404 (3]33117 34/1 34/3 afford (I] 59/8 afraid [1] 49/21 after [3) 43/5 56/23 56/23 applied [I] 38/4 appoint [3] 59/9 59/13 59/19 appointed [3) 59111 59/12 59/17 26/16 26124 27/11 27/15 408765 [I) 22/21 afternoon [I] 53/11 appointment [I] 10115
0 19 (13] 4/1919/4 20/1 20/4 20/11 41 [I] 4/10 20/23 22/15 22/19 25/4 25/8 31/19 4221 (2) 1/24 61/19 31/22 33/1 4320 (I] 2/7 again (5) 52/2 54/14 55/15 58/1 58/20 appreciate (1] 59/21 appreciated (I] 53/11 against [4) 8118 25/14 32/2 57/22 approach [I] 14/4 19-A (18] 4/20 18/5 18/17 18/18 44 (1] 4/11 age (1) 58/18 are (33) 6124 7/7 14/21 16/216/2
0 18/21 20/120/4 20/22 21/23 21125 45 [3] 4/9 41/4 47113 22/2 22/3 22/4 22/7 22/9 22/17 22/24 25/11 45-year-old [I] 58/9 4759 Ill 2/12 ages [I) 46/7 ago [4) 8/6 14/19 33/6 51115 agree [5) 40/6 47/5 55/23 55/24 20/3 23114 24/9 27/24 27/25 28117 28/25 29/10 30/3 30/5 30/20 30/21 37/12 45/23 46/4 46/7 47/25 49/10 19-Aipha [I) 18/6 56/25 49/13 49/19 54/11 54/12 54/14
0 1987 [1) 51122 1995 [I] 51/13 50 [2) 4/9 55/19 I997 (6] 1717 3112 31/7 4311 52/2 500 [I] 13/15 1-5"-.:4~/2::..!1_ _ _ _ _ _ _ _-152 [I] 4/9 ahead [10) 5113 5115 5/23 6/11 12/14 36/1 41/6 53/6 53/8 59/19 air (1) 53/9 air-conditioner [1) 53/9 55/15 58/2 58/11 59/4 59/14 area [I] 7/8 aren't (I] 58113 ARGUMENT [2) 5412 56/11 2 1-:;!5~7.1!itl~l3!:!4~/2'---------lall [40) 5/9 5/23 6/7 8/9 8/18 0 1-------------16 20 [13) 4113 4/19 4/20 4/20 30/2 1 - - - - - - - - - - - - 1 26/12 32/21 34/4 36/1 39/22 40/13 arraign (I) 5113 30/9 30/12 30/14 30/16 30/21 6482 (2) 1/22 61/16 arguments (1] 54/1 10/24 14/25 1511 21119 25/3 25/8 around [3) 35/4 35/5 39/5
41/16 42/3 43111 44/244/6 45113 arrest [3) 8117 9/2 30/24 30/22 30/23 46/10 f.:!6:!!th!..JL'-'!.il~3.:..:..11.!..!12=--------i 47/21 48/1 48/7 48/19 49/3 49114 arrested (4) 7/24 43/8 55/8 55111 0 200 [I) 7/14 2007 (4) 7/14 7/19 8/7 43/8 2010 [3) 29122 43/21 55111 7 49/15 50/11 54/3 54/12 57/14 1 - - - - - - - - - - - i 57/14 58/24 59114 60/4 6115 61/7 ask (9) 14/9 18/6 36/20 42/15 77803 [2) 1123 2/7 allegation [I) 29113 as (82)
55/24 58/3 58/7 58/21 59/13 2012 [4) 1114 3/2 4/2 5/2 77803-3235 [I) 2/12 allegations [9) 16/1 33/5 34/15 asked (2) 31110 55/4
0 2013 [1) 61/13 2037 [1) 55/6 204 (2] 1123 61/18 2I [10] 4121 30/3 30/9 30112 ~7!!.87!.!0::::31...~o1~11....:6"-!l.!..!./1~9-------l 34/16 36114 36/15 39/23 40/2 1 - - - - - - - - - - - - - l a l l e g e d [2) 3211 40/3 85th (4) 17/15 18/12 23/1 26/7 56117
along [I) 28/5 asking [2) 55/19 56/6 assesses [I) 59/2 assign (1) 19/16 assigned [I) 22/21 1!=8~th:!..'J..:: ri~l7.:....;11~9----------1Aipha [I) 18/6 0 30115 30/16 30/21 30/22 31/4 46/10 22(11)4/204/21·27/2328/1 1------------lalready[S]l5!1716/1522/11 28117 28/19 28/24 29/2 29/5 29/9 919 [I] 23/25 ALPHABETICAL [I) 4/7 45/25 59/11 assignment [1) 7/3 Assistant [I] 2/6 assisted[!) 45/2 ATF [I) 7116
0 29/19 220 (1) 23/24 979-361-4221 [2) 1124 611I9 979-361-4320 [1) 2/7 also [27) 7/15 9/17 13117 15/10 15/25 17/14 19/22 22/9 22/16 attempt [I) 57/7 attempted [I] 57118 A 17/16 18/12 19/11 22/25 26/7 chicken [1] 49/23 19/4 22/7 23/17 24/1 24/2 24/3
0 attention [1] 7/10 attorney [3] 2/3 2/9 23/2 Attorney's [1] 12/23 30/25 31/7 47/17 61/2 61/4 61/18 child [2] 46/13 46/16 breaking [1] 54/18 briefly [2] 13/13 16/4 childhood [2] 37/22 38/22 children (7] 37/15 41/21 43/25 24/5 24/20 25/20 28/2 28/4 34/8 correct [21] 6/20 8/23 11/4 11/25 12/2 12/3 19/2 19/9 21/24 25/11 Attorneys [1] 2/6 bring [2] 32/8 32/9 44/5 46/4 47/4 54/11 25/12 27/2 31/24 32/4 32/5 34/18
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0 40/19 42/11 42/16 42/18 42/25 46/10 46/11 46/21 46/22 48/3 48/18 49/11 49/14 49/22 52/17 52/20 52/21 52/22 54/4 54/22 27/13 54/2 came [3] l/15 19/1 49/1 can [17] 12/6 17/17 20/6 21/20 23/16 26/19 32/20 34/7 37/10 committing [1] 55/2 communicated [1] 55/16 communities [1] 54/22 court [23] 1/3 1/4 1/6 l/22 1/22 5/12 6/17 7115 17/15 24/11 26/6 26/7 33/9 34/17 35/9 52/5 58/23 community [3] 54/22 54/25 56/8 59/1 61/4 6114 61/761117 61117 56/13 56/13 56/14 56/25 58/6 39/15 40/25 45/3 45/8 45/18 53/22 compare [5] 18/20 21/6 21/8 court's [1] 24/3 D 58/18 59/2 59/12 61/6 61/12 bearing [1] 18/9 54/3 60/1 can't (4] 2116 21/8 43/2 59/8 28/10 30/8 compared [1] 22/6 courtroom [1] 57/20 CR [1] 114 because [13] 16/20 23/10 38/9 cane [2] 49/2 49/3 comparison [4] 13/11 13/16 13/19 CRF [1] l/3
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0 20/24 2112 21/11 22/6 22/11 24/13 25/9 3717 39/11 40/21 41/23 42/1 44/ll 45/15 47/17 47/22 47/22 care [1] 54/11 career [2] 13/9 13/23 carry [1] 57/16 concerns [3) 49/19 49/25 56/21 concluded (1] 60/5 Condition [1] 34/2 36/10 41/7 50/3 crystal [3] 7/25 9/19 9/22 CSI [1] 11/5 48/15 50/16 54/17 55/7 55/8 55/9 carrying [2] 43/9 54/19 conditioner (1] 53/9 CSR [3] 1/22 61/16 61/16
0 55/10 57/22 57/24 before [4] 1116 13/3 13/5 27/15 behalf [1) 56/6 case [21] 9/18 9/19 14/22 16/9 16/17 18/3 19/11 22/13 23/12 confinement (2] 35/19 35/22 consider [2] 34/5 38/25 23/23 23/25 24/l 24/7 24/17 28/11 Consistently [1] 41/24 cumulative (1] 29/9 current Ill 7/3 D behind (3) 5617 57/4 57/21 40/11 49/9 54/5 55/4 58/1 59/8 constantly [1) 17/18
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0 belong [1) 19/13 belonged (1] 28/15 benefit [3) 55/3 55/5 55/15 Besides [1) 13/16 25/14 25/22 25/25 26/2 26/15 6117 34/11 36/15 Certainly [2] 21/20 23/6
16/14 16/20 18/9 19/4 19/7 20/3 containing (1] 19/8 certified (24) 6/24 7/1 13/6 15/2 contains [8] 15/25 20/11 22/5 22/16 24/23 25/10 31/20 61/5 date [2) 10/13 31/11 daughter [2] 44/18 46112 Dave [9] 14/22 19/14 22/20 23/1 26/10 51/10 51/11 51/12 52/15
0 better [3) 38/4 38/7 54/5 22/7 23/17 24/1 24/2 24/3 24/5 continue [1] 33/14 Dave's [1) 52/22 between [1) 43/13 24/20 25/20 27/24 28/1 28/4 28/18 CONTINUED (2) 25/6 27/12 DAVID [16] 1/8 10/9 16/8 20/15 beyond [2) 24/14 34/5 30/3 34/8 continuing (1) 52/12 27/1 37/12 39/15 4213 43/25 45/23 birthday [1] 47/15 certify [3) 61/5 6119 61/11 convenient [1) 24/21 46/10 46/15 47/13 50/6 51/8 51/11 bit (1) 47/3 chambers [1) 61/7 convicted (7) 15/10 16/1 0 16/17 David's [1] 41/10
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0 56/18 59/l boy [4] 12/20 46/24 46/25 47/l boys (5) 44/2 44/2 44/3 44/4 46/4 BPD [3) 6/20 6/22 7/3 changing [1] 43/5 charge [1) 53/12 charged [2) 29/12 29/16 31/4 31/13 42/11 42/17 42/22 debt [2) 58/12 58/14 convictions [4) 31/20 40/7 42/20 deceased [l) 13/21 56115 December [1) 47/15 charges (1) 32/18 convoluted [1) 21/19 decide [2] 58/6 58/20
0 brand(1]43/10 brand-new [1] 43/10 CHARLES [1] 2/4 Charmaine [1) 52/25 cooperated [2] 8/20 45/4 decision [2) 56/25 58/5. copies [4) 20/3 27/24 28/18 30/3 defendant [33) 219 5/13 7/11 7/11
.. Dentse C. Phillips, CSR doesn't [I] 51/15 exclusive [1] 23/21 defendant. .. [29] 7/13 14/20 doing [7] 13/20 23/21 23/22 42/1 excused [4] 12/11 12/12 36/20 flipping [2] 31/21 31/25 14/2216/5 16/9 16/15 17/14 18/22 42/6 42/7 44/15 36/21 Flowers [3] 23/24 23/24 24117 22/6 22/8 22/12 22/15 23/l 24/13 don't [20] 16/6 21/5 21/9 21/12 excuses [1] 39/13 focus [1] 56/23 24/16 25114 27/19 28/11 28/15 21113 34/7 36/13 38119 41116 exhibit [51] 4/15 4117 14/9 14/21 folks [1] 40/25
0 29/22 30/9 30/13 31/22 32/2 33/2 41118 41/20 42/25 43/17 43/23 35/7 54/5 55/16 58/25 43/23 48117 50/14 54/6 54115 60/2 defendant's [S] 3/16 14/13 14/16 done [71 12/24 38/4 38/7 42/4 15/2 15/5 16/6 16/11 17/1 17/3 17/10 17113 18/5 18/17 18/18 18/21 19/4 20/11 21/23 22/3 22/10 follow [3] 21/18 54/6 54/15 following [1] 1114 follows [4] 6/13 12/16 37/7 45/15 24/4 24/25 43/4 52/11 54/22 22115 22/23 25/4 25/8 25/17 25/23 force [1] 8/18
0 defense [7] 5/1 0 15/3 20/2 21124 doubt [2] 24/14 34/5 26/4 26/7 26/8 26/14 26/16 26/24 foregoing [1] 61/5 21/25 23/2 45/3 down [6] 12/6 29/14 45/8 52/21 2717 27/11 27/15 28/1 28/4 28/7 Forty [1] 4115 deferred [2] 3 1/22 33/3 53/22 55/12 28/11 28/23 29/1 29/20 3114 31/9 Forty-five [1] 41/5 degree [3] 49/11 56113 56/20 driver's [1] 24/4 31/19 31/21 3311 36/2 36/3 36/8 found [14] 7/25 10/7 10/9 10/25 Denise [4] 1122 61/4 61115 61/16 driving [5] 7/22 8/8 8/11 3115 exhibits [10] 4/16 20/1 20/4 27/23 22/10 26/3 28115 30112 33/9 34/17
0 Department [3] 13/4 13/20 59/4 depending (I] 49/9 describe [1] 13/13 57/4 drug (2] 9/20 43/10 drugs [2] 43/9 54/20 28/17 28/19 30/2 30/16 30/22 61/9 exist (2] 32/12 32/12 existence [1] 24/24 35115 39/9 49/10 57/8 four [3] 12/25 31/17 54/18 fourth [2] 42/11 42/16 DESCRIPTION [1] 4117 DUANE [1] 1/8 exists [1] 24/15 front [1] 16/7
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0 11/1011/1311/1311/1911/23 13/1 14/17 14/18 15/12 17/25 18/2 18/20 18123 18/24 28/13 28/14 DWll1l 24/1 E 30/8 30/10 30/11 33/11 34/16 35/7 Each [1] 58/17 explain [1] 21/21 explained -Ill 49/7 F G 61/11 gave (2] 48/19 54/24
0 35/11 37/22 37/22 38/1 38/2 38/10 EARL [2] 2/10 21125 38/11 38/13 38/14 38/22 42/15 earlier [1] 25/9 42/16 42122 43/5 43/8 43/16 48/25 East [3] 1/23 2/6 61/18 51/19 51/24 52/3 53112 53/13 54/5 easy [1] 55/23 fact [4] 15/10 38/10 42/11 52/24 GED [1] 38/12 fac~s [2] 15/15 36/15 failed [2] 35/14 35/15 fair [4] 9/8 40/5 47/10 49/23 generous [1] 52/17 get (10] 9/6 11/23 12/1 16/19 23/15 23117 37/22 50/14 53/1 5717 57/6 effect [2] 44/5 44/8 fairly [1] 38/2 gets [3] 22/15·23/7 55/4
0 didn't[ll] 8/15 111912/1 23/25 eight [1] 13/19 24/1 38/18 42/18 45/4 55/14 57/8 element [1] 15/22 57/9 elements [2] 24/19 24/22 family [1] 41116 far [6] 37/22 38/24 38/24 40/10 47/3 48/16 getting [4] 5/8 13/8 3911 47/6 girl [5] 44/2 44/3 44/4 46/4 46/24 girlfriend [1] 10/14 die [2) 49/21 55/25 else [1] 56/1 father [2] 45/25 47/6 give [1] 5/8 ·
0 diet (1] 48/19 different [2] 42/21 57/23 dire [4] 20/7 20/9 26/20 26/22 end (1] 58/7 endanger [1] 11/9 endangering [1] 8/12 feel [1] 56/3 fees [1] 35/12 felon [1] 15/20 given [2] 33/18 40/18 goes [3] 23/13 28/5 49/5 going [37] 7/10 13/21 14/7 16/23 direct [10] 4/8 6/14 7/10 12/17 enforcement [1] 54/25 felonies [2] 43/15 54/18 17/2 17/9 18/4 18/6 19/3 20/1 23/7
0 25/6 27/12 36/14 37/8 45116 53/5 enhance [1] 58/6 direction [1] 39/16 DISTRICT [8] l/6 1/8 1/22 2/6 enhanced [1) 56116 enhancement [9] 5/19 5/21 5/24 felony [10] 15/11 17/4 22/4 27/17 25/17 26/12 26/14 29/18 30/2 42/11 42/17 42/19 49/11 55/11 56113 31/12 32/22 32/25 34/2 34113 34/14 37/22 42/7 42/16 44/9 48/5 . 12123 17/15 61/4 61/17 1611 49/12 56118 56/19 58/21 59/2 few [1] 41/9 52/3 52/22 53/6 54/6 54/16 5511
[J Division [I] 59/3 do [58] 5/12 5/16 5/21 5/25 7/11 enhancements [3] 5118 49/10 49/13 7/12 7/13 7/17 7/20 9/3 9/11 9/11 enough [4] 42/25 43/1 54/9 54/10 final [2] 24/20 54/1 finally [4].12/10 12/12 36/20 36/21 55/18 55/25 57/15 58/18 gone [1] 53/9 good [13] 5/4 5/5 6116 22/5 22/8 12/21 12/21 1311 14/11 15/16 19/4 entire [2] 5/17 57/20 find [10] 9/11 9/11 17/25 18/24 23111 39/19 39/19 40110 43/4
0 19/6 21/4 21/19 30/6 30/7 30112 entry [1] 24/3 28/14 30/11 56/17 56/19 58/3 44/16 52/13 57/16 32116 33/18 33/21 33/23 35116 especially (I) 56/22 58/20 got [14] 32/23 37/18 50/21 50/24 36117 37/14 37114 37119 38/1 38/9 essentially [1) 19/8 finding [1] 17/13 5113 51/19 51/24 52/3 53/10 55/3 38114 39/4 39/7 40114 40118 42/9 establish [3) 24/13 24/24 34/9 finds [1] 5911 55/11 55/13 55/14 55/20 43/13 43/18 44/8 44/10 49/17 evading [1] 30/24 fingerprint [7] 4/23 13/10 13/18 gotten [1] 39111
D 50112 51112 51/21 51/24 5311
6114 even [3) 53/15 57/19 57/22 54112 54/13 55/21 56/8 58/2 58/6 ever [4] 38/16 41120 54/4 57/17 every [5] 34/11 48/5 48/14 54/13 13/18 22/5 36/2 36/3 fingerprints [7] 13/16 14/15 20/12 23/14 28/8 28/10 28/12 grab [1] 11113 grabbed [1] 24/10 grade [1] 37/24 · docket [1) 24/2 58/17 finish [1] 5/8 grades [1] 38/16
0 document [9) 16/14 16/21 18/7 19/7 23118 24/18 32/17 34112 34/14 everything [3] 36/12 45/4 57/12 everywhere [1] 49/15 evidence [10) 9/7 16/7 16/16 firearm [2] 10/4 I 0/4 firm [1] 44/24 first [17] 5/20 617 6113 12/16 grams [1] 9119 · Granberry [1] 2/11 grand [1] 46/13 documentary [2] 24/23 2511 24119 2511 27/8 4911 57110 58/1 14/25 3717 37/13 37/20 41/10 grandbaby [2] 44/19 46/8
0 documents [3) 20/3 27/24 30/4
19/15 19/1619/18 19119 19121 61/5 does [30] 17/10 17/12 19/13 19113 exactly [2) 39117 49/22 EXAMINATION [14] 6114 8/4 19/22 19/24 25113 25/16 26/6 26/9 12/17 20/9 25/6 26/22 27112 36110 43/14 44/18 44/19 45115 50/6 50/22 52/22 59/25 fishing [1] 53/19 grandchild (2] 44/19 46/22 grandson [1] 53/16 granted [1] 34/20 five [8) 7/6 15111 15/21 27119 granting [1] 31/22
0 28/7 28/9 31/16 31118 31/25 32/3 37/8 41/7 44/21 45/16 50/3 52/9 35/22 4115 48/9 48/10 GRAY [13] 2/10 2/11 8/5 20110 33/5 35/4 35/7 35/10 35/14 35117 example [1] 52/20 five-years [1] 35/22 23/8 26/23 36/11 37/9 44122 45/17
.. 0 Demse C. Phlihps, CSR State v David Duane Greer 11/15112 Vol 5 Hennessy [1] 59/23 incarcerated [1] 38/11 G her [5] 53/2 53/9 53110 53110 included [2] 26/25 6116 K
[l GRAY ... [3]52/10561105611I great [1] 44119 GREER [26] I /8 4/9 4/I 0 5/2I 53/I2 including [1] 24/22 here [16] 16/I7 23110 24/I2 30/24 incorporate [1] 2111I 3I/7 35/2I 37/24 39/23 43/4 47/I7 INDEX [4] 3/1 4/I 4/7 4/I5 keep [1] 36/1 Kenneth [3] 4110 3711 37/6 kids [3] 50/17 53/I5 53/19 I 0/9 I4/22 16/8 I9/I4 20/I5 22/20 4917 54/3 54/14 55/15 55/24 5617 indicate [4] 31/16 31125 35/7 kind [15] 7/9 I0/7 I0/25 10/25
D 23/1 26/10 27/I 37/1 37/6 37/10 hereby [2] 59/4 6115 35/14 I2/l 23/4 32/10 35/12 36/25 37/19 37/12 4I/9 44/23 45/10 45/14 high [3] 38/18 48/20 57/6 indicated [1] 8/22 39/18 44/4 47/25 49/20 57/6 45/19 5I/IO 58/24 59/7 59/25 highest [1] 38/16 indication [2] 29/7 57/I7 knee [1] 49/5 Greg [4] 4/13 12/9 I2/I5 I2/20 him [53] 7/I4 7/I4 7/18 7/20 7/23 indications [1] 57/5 knew (2] 42/21 43/IO Grimes [3] I717 43/14 54/21 indicator (1] 40/8 know (44] 7/8 I0/5 21/10 23/23
B 8/8 8/17 9/2 9/3 9/4 11/17 16/18 ground [1] 49/6 27/9 28/12 29/14 29/22 38/20 indictment [7] 4/21 28/2 28/5 34/2 38/I4 38/19 38/24 38/25 growing (I] 47/2 40/12 40/21 40/25 41112 41/14 28/19 29/6 29/7 29/11 39/20 39/21 40/10 40/24 41117 guess (8] 9/3 I 0/3 40/25 44/24 41/16 41119 41/23 41125 43/1 43/5 indigent [1] 59/18 42/3 42/6 42/16 42/18 42/I9 42/22 46/2I 47/20 49/22 53/15 43/9 44/7 46/19 48/19 48/24 50110 individual [12] 16/9 16/16 19/1 43/2 43/3 43/4 43/8 43112 43/13 guilt (2] 15122 29/7 50112 50/14 50/16 50/I9 50121 I9/14 19/16 22/12 22/20 23/20 43/16 43/17 43/18 43/23 43/24 guilt/innocence [1) 15/22 50/23 50/24 5112 52/17 53110 26/10 40/10 54/23 56/4 45/20 46/3 48/17 48/23 49/18 guilty [1) 56/3 53/14 54/13 54/24 55/1 55/13 individuals (1) 56/7 49/I9 50/9 54/9 54/20 55/4 57113 gun [10] 8/1 9117 I 0/24 11/5 1I/8 55/14 56/5 58/6 59/19 information (4] 10/7 10/20 17/24 57/19 60/2
0 43/9 43/11 5717 57/13 57/16 guns (1] 54119 I!!UVS 131 39/10 39/1147/22 himself (2] 38/5 56/1 hired [1] 59115 his (85] 24/24 initiated (1] 7/9 injury [1] 48/6 knowledl'e 131 36/14 53/1 53/5 L lab [3] 9/23 1113 32/9 hits [1] 49/6 inked (1] 14/13 H 0 habitation [6] 17116 18114 22/5 25110 25115 31/21 half[1] 13/4 Hold (1] 5/20
Honorable (1] 11I6 horribly [1] 47/IO innocence (1] 15/22 Honor (4] 12/10 36/22 44/20 59/6 ins (1] 56/15 Institutional (1] 59/3 insulin (2] 48/4 48/I2 lack (1] 23/8 last [6] 26/25 42/22 44/24 51/3 55/6 55/20 late (1) 40/24 hand (3] ll/15 Il/2I 61/13 intelligence [1] 38/9 Latent (1] I3/20
0 hours (1] 13/I5 handcuffs [1] 9/3 houses (1] 54/I9 interact (1] 53/14 later (1] 37/2I handgun (1] I 0/5 Houston (1] 7115 interrupting [1] I7/I8 law [9] 23/I2 39/2 40/4 44/24 hanging [2) 35/4 35/5 how [17] 5/2I 5/25 6/22 7/I 7/5 investigator (5] 12/22 I3/24 14/7 47/7 54/24 56/16 56/24 57/22 happen [1) 41118 7/13 I2/24 13/6 21/I8 23/I3 37/I2 I6/23 25/9 laws [1] 8/9
D happened [1) 7/23 happens [1) 56/3 happy [I] 56/25 37/22 38/1 38/14 4I/3 45/23 53/2 involved (1] 54/20 However [1] 58/5 huh [17) 40/6 40/16 4115 42/5 is [165] isn't [2] 44/11 52/15 lawyer (2] 59/20 59/24 least (1] 55/8 leather [2] 9/12 9/18 hard (1] 58/18 43/7 45/5 46/2 46/6 46/14 46/23 issues (2] 48/15 58/2 led (1] 57/5
0 harm (1) 57118 harmed [I] 57117 hasn't [2] 20/24 42112 47/14 47/19 47/24 48/11 49/5 5118 It'll (1] 27/10 52/16 human [1] 52/25 it's (43] 14/13 15/2 I5/I8 I6/I4 I6/20 16/20 16/25 18/8 20/25 21/5 LEE [1] 2/5 left [2] 35/8 45/21 legs [3] 48/5 48/23 49/4 have [76) hurdle (2] 16/19 23/19 21/9 211IO 211I9 22/7 23/4 23/I6 lesser [1] 29/14
0 haven't [2] 34/3 48/24 having [6] 6/I3 12116 13/17 37/7 43/9 45/15 hurdles [1] 23115 hurt [1] 11111 . husband 121 47/5 50/6 23/I7 26/I 26/15 29/6 29/8 29/8 29/I6 31/12 3217 32/8 32/15 34/8 40/22 40/24 49/I2 54/10 55/23 let [1] 32/I9 let's [1] 55/21 level [3] 59/25 60/1 60/3 he'd [2] 40119 49114 55/23 56/4 56/20 57/13 57/13 license [2] 10/8 24/4 I 0 he'll [2) 49/21 52/23 he's [43] 12112 37113 37/18 39/20 40/4 40110 40/18 4114 42/1 42/7 42/7 42110 42/19 43/4 44/15 46/14 I'd [3] 29/6 37/20 59113 I'll [7] 5/11 14/9 25/3 36/9 41/2 50/2 59/8 57/14 57114 57/16 57/22 58/15 itselff1l 56/24 J lie (1] 56/5 life (15] 37/21 39/16 40/24 41/23 42/1 42/4 44/5 46/19 47/3 48/8 49/14 49/16 56/18 57/16 58/7 46115 47/22 48/4 48/9 48/16 49/22 I'm [32] 7/4 7110 12/22 14/7 jacket (1] 24/3 lifestyle [1] 55/17
0 52/11 54/I 0 54/17 54118 54119 54119 54/20 55/1 55/6 5517 55/8 5519 55/10 55/20 55/25 56115 16/23 17/2 17/9 17/18 18/4 18/6 I9/3 19/25 21118 21124 24/12 25/17 26/12 26/14 29/18 30/2 jail (7] 29/25 40/21 43/14 43/18 47/17 47/22 48/16 jailer [1] 54/6 lifetime [1] 54/7 like [8] 9/7 24/8 37/20 39/5 48/9 48/25 51115 59/11 56/16 56/18 57/22 59110 59118 32/22 32/25 34/13 34/14 38/20 Jones [1] 2/11 likelihood [1] 40/14
0 head [3] 49/24 5011 50115 health [3] 47/25 48/6 49/25 hear [2] 37/10 53/6 49/21 50/9 53/6 54/6 54/15 55119 judge [67] 56/6 I've [7] 13/15 13/I7 14/8 18/4 judgment [62] judgments (7] 19/8 19/10 23/13 limit [1] 8/12 Linden [1) 38116 link [3] 23/19 27/1 27/9 heard [4] 39/22 45/25 4712 52/11 27/22 32/23 39/10 33/18 40/2 58/2 58/I3 linked [3] 22/8 22/14 24116
0 hearings [I] 56/22 hearsay (15] 9/23 I 0/16 10/22 15/9 16/13 16/14 16/20 16/20 identifiable [2] 23/8 27/3 JUDICIAL [2] 1/8 17/15 identification [4) I3/10 I4/8 18/5 jury [8] i6/7 17/11 17/14 17/25 27/23 22/10 39/24.49/1 54/2I linking [I] 10/8 links (1] I6/18 list [2] 59/13 59/22 ' 17/22 20/25 23/17 32/7 3411I identify [2] 20113 2112 jury's [1] 56/25 listed [6] I6/17 22/9 24/4 25/1I
0 34/II 53/4 held (2] 1115 I/17 help (8] 39/20 50/19 50/21 50/23 50/24 5112 52/23 52/23 identifying [4] I0/7 10/8 I3/21 21/I5 identity [2] 24/25 27/9 III [1] 11I6 just [29] 5/7 5/8 5/18 10/3 I3/I7 I5/I3 I5/14 I5/19 17/3 I9/7 24/9 24/I7 25/8 27116 29/2I 32/11 33/6 34/7 35/25 40/9 4I/9 46/I2 48/6 33/6 34/I listened [1] 40/I listing (1] 49/2 litany [1] 24/9 helped [1] 53/2 literally (2] 54/7 55/I8
0 importantly [1] 53/15 49/5 49/6 50/5 50/10 58/13 59/13 helpful (1) 39/20 impressions [1] I4/I3 Justice [1] 59/4 little [4] 6/23 7/2 46/25 47/3
.. 0 Demse C. Ph!lhps, CSR 0 Jive [2] 5/12 57/17 Jives [1) 54/13 living [I] 12/21 long [9) 6/22 7/1 7/5 12/24 I317 move [1) 27/15 most [1] 38/23 mother [2) 45/24 55/25 motivation [I) 4311 object [13) 9/21 15/8 15/16 16/2 20/21 20/24 27/6 29/6 29/8 29/9 29115 32/6 32/13 objected [2] 21/10 2717 22/25 39/9 40118 40/19 43/3 43/6 43/11 44111 47/22 4911 49/5 50121 50/24 51/3 51/19 51/24 52/3 53/9 5517 23/13 49/20 5I/15 58/10 moving [1] 13/5 objecting [1] 33/17 outstanding [1] 7/24 !] longer [I] 54/25 look [1] 18/6 Mr [26] 5/21 6/15 8/5 12/18 20110 objection [2I] 10/1610/22 16/13 over [9] 6/23 7/213/15 13/19 23/8 2517 26/23 27/13 27/14 36/1I 16/22 17/18 17/21 20/22 21/25 16/19 23/15 23/17 38/16 44/24 looking [2] 49/14 56/18 37/9 37/10 41/8 41/9 44/22 44/23 22/1 25/5 26118 28/23 28/24 29/3 overall [1) 48/6 lose [2) 56/23 59/25 45/17 50/4 52/10 54/2 56/10 56/11 29/19 32/23 33/15 33/21 34/19 overrule [1] 16/22
0 lost [1] 60/2 lot [4) 9/13 3817 48/24 52111 lots [2] 23/12 23/12 58/24 5917 59/25 Ms [1) 45110 much [1) 52/1 3615 53/4
30/20 overruled [4) 25/5 27/10 28/24 objections [4) 20/23 28/22 30/18 1-'3~0::..:12~0:..-_ _ _ _ _ _ _--t p love [7] 41/12 41/14 41/16 41/17 multiple [3) 42/10 42/19 55/9 observed [1] 8/8
0 4417 50110 50111 low (1] 5817 lowest [1] 57/3 must [1] 24/14 obtain [1] 38/12 P-A-S-C-H-A-L-L [1] 2417 my [9) 7/8 10/13 21/5 27/1 41/16 obviously [4) 40/11 40/17 40/24 pack (20) 4/19 4/19 19/5 1917 41/17 44/24 51/IO 61/13 5817 ~ 19/1019/13 19/19 19/22 21/14 rL"-l.!!vJne::.!t~te:..LI~IlL...4.:.:5::..:12~2,___ _ _ _-t.!!;m=v!se:.!!lfu'fl.!..IlL...:::50~/.£...9_ _ _ _ _--ioccasion [3] 13/24 18/20 30/8 22/16 22/19 22/22 24/4 25/18
.0 M N 1 - - - - - - - - - - - t - - - - - - - - - - - i o c c u r r e d [3) 38111 57/2 6117 ma'am [2) 50/5 53/22 name [7) 6/16 12/19 22/22 45/18 occurs [1) 49/9 occasions [I) 14/2 25/20 26/15 31/20 32/14 32/15 35/22 packet [2) 20/5 26/16 machine [1] 1/19 51/5 51/10 51/11 October [1] 29/22 page [8] 3/3 4/3 17/9 18/16 18/18
0 made [6] 11/10 18/17 38/15 38/16 named [4] 19/14 22/20 23/126/10 off[5) 11/3 18/22 24/3 53/1 59/13 31/21 31/25 3317 54/21 56/4 nature [3] 11/1 1117 15/24 offense [9) 19/23 24/14 27/17 pages [1] 33/1 magical [I] 23/14 natured [1) 39/19 33/2 35/18 56/12 56/24 57/13 paid [5] 4017 58/12 58/14 61112 Main [I) 2/11 necessarily [1) 48/24 57/13 61/12 make [2) 38/20 39/13 need [5] 5113 5116 21/15 39/20 offenses [2] 55/9 58/16 paid/will [1) 61/12
0 makes [1) 48/20 maldng [1) 42/13 man [2) 51117 57/11 48/18 needs [1] 56/2 never [6) 11/6 38/20 43/12 54/4 offer (7] 15/1 20/1 26/14 28/17 30/14 35/25 36/1 Paragraph (2] 5/19 5/24 paragraphs [5] 5/14 16/1 56/18 offered [IO) 4/1715/615/14 1617 56/19 58/21 many [2) 14/2 14/3 58/13 58/15 20/5 26/17 28/20 30/17 36/4 61/10 paraphernalia [1) 9/20
0 marijuana [2) 32/4 34/24 marked [4) 5/8 14/8 18/4 27/22 Mary [1) 59/23 new [1) 43/10 next (12] 12/8 2317 31/25 34/25 offering [1) 29/10 parole (11) 10/12 10/19 10/20 office [4) 12/23 13/5 13/20 47/21 40/18 55/3 55/5 55/6 55/6 55/8 35/2 36/23 45/9 53/23 55/21 59/22 officer [14) 6/24 7/1 7/4 7/5 717 55/10 55/20 match [3) 21/4 2617 30/13 60/1 60/3 . 10/12 10/20 12/6 12/10 13/2 13/6 paroled [2) 43/3 43/6
0 matched [I] 22/6 max [1) 55113 maximum [1) 56/14 nice [1) 54/10 nine [1) 44/25 ninth [1) 37/24 13/23 35/8 35/9 officers [3) 57/5 57/9 57/9 part [5] 37/20 37/21 38/23 43/10 53/I 0 Official [4) 1/22 61/4 61/I3 61/17 participate [I) 35/I5 may (19) 12/10 14/4 14/6 17/20 no [76) oh [14] 5/13 38/6 39/5 41/13 particular [7] I0/6 15/13 19/16
0 20/25 21/17 24/20 24/21 32/11 32/11 32112 32/12 33/14 34/9 38/11 56/24 56/25 58/6 61113 mean [15] 21/6 34/1 38/2 39/15 No. [2] 1/3 22/18 No. I2-03324-CRF-272 [1] 1/3 No. 15341 [I) 22/18 Nods [2] 49/24 50/1 41/20 42/2 42/21 4317 46/17 48/2 22/21 27/9 32/9 32/11 48/17 52/14 52/19 53/17 okay (76] old (3] 39/6 41/3 58/9 parties [2] 61/6 61/10 Paschall (2] 2417 24/I2 pass [9] 8/3 12/4 27/5 36/9 36/18
0 40/9 42/9 42/15 43/2 43/3 43/23 normal [2] 38/22 38/25 older [2] 39/9 39/10 41/2 45/6 50/2 53/20 44/8 44/9 52/13 54/17 58/13 normally [1] 56/12 one [40] 5/19 5/25 15/3 16/9 passed [1] 38/2 means [1] 24/21 not [64] 16/16 18/25 19/10 21/3 21/10 22/9 passenger [1] 9113 mentioned [I] 46/3 noted [1] 6/2 22/12 23/11 23/16 23/2I 23/23 past [1] 40/4 messages [1] 45/21 nothing (6] 12/5 23/14 44/20 4517 24/I5 29/24 32/10 32/20 33/11 patrol [6] 7/4 7/5 7/7 7/8 9/4
0 methamphetamine [6) 7/25 9/20 52/8 53/2I 16/11 17/5 31/14 57/14 methamphetamines [4) 9/22 35/1 33/25 34/1 34/3 notice [6] 33/17 33/I8 33/19 34/3 34/I6 34/25 35/2 37/16 38/15 10/13 43/17 44/3 44/4 44/6 44/13 46/4 47/20 49/12 52/22 55/20 5611 paying (1) 35/12 peace [3] 6/24 7/1 13/6 35/3 57115 notifying (1] 35/9 56119 59/9 59/22 pen [21] 4/19 4/19 19/5 1917
0 might (4) 1I/1I 25/2 53/2 60/2 minimum [1] 49/14 minor [1] 44/15 November [5) 1/14 3/2 4/2 5/2 31/12 now (24] 7110 8/22 1116 13/8 only [7] 10/1 16119 23/9 34/14 46/22 50/9 53/15 open [1] 6117 19/10 19/13 I9/19 I9/22 20/4 21/14 22/16 22/19 22/22 25/18 25/20 26/15 26/16 31120 32/14 minute [I] 33/6 14/24 16/24 17/2 17/9 18/4 18/16 opening [3] 6/4 6/5 37/1 32/15 35/22
0 minutes [I] 14/19 misdemeanor (2) 43/22 55/12 miss (1) 60/2 mode [1) 24/18 19/3 19/3 25/17 27/14 27/22 30/2 opportunities (I] 42110 31/9 32/24 44/16 46121 50/18 5417 opportunity (2] 40/19 46/16 54/16 5519 nowadays [I] 38/25 order [2) 33/1 42/6 ordered [1) 35/16 penitentiary (I] 40/13 people [4] 32/9 35/4 54/10 54/25 people's (1) 54/19 period (2) 40/14 47/18
0 mom (2) 37121 45/10 moment[!) 5/8 month (1) 46/11 months [3) 44/25 4511 45/2 numb [1) 48/5
22/21 22/23 24/22 25/22 25/25 26/2 26115 32/1 42/18 original [1) 31/10
28/22 3317 35/21 37/15 40/22 41/17 44/18 51/5 58/11 61/6 permission [2) 11/2312/2 number [12) 16/10 18/10 19/17 other [14] 8/10 16/19 23/11 24/17 person [IO] 14/21 25/1 39/18 39/19 39/19 39/20 40/10 56/8 57118 57/18 more [4) 41/14 41/17 50/10 53115 numbered (2) 1/16 6117 others [1] 52/18 personal [I] 36113
0 morgue [I] 13/21 numbers [I) 42/21 our [6) 11/5 37/13 44/19 47/21 persons [I] 13/22 phase (1] 15/23 prosecutors [1) 57/20 reporter [5) 1122 6117 52/6 6114 SEAL [1] 61/13 D---.. Phillips [4) 1122 6114 61/15 61116 proud [1) 47/10 philosophy (1] 54115 prove [7) 21114 23113 24/14 24/19 61/17 REPORTER'S [4] Ill 61/7 61/9 search [3] 8/25 11123 12/2 searched [2] 8/22 9110 photo [1] 20/17 24/21 27/8 34/4 61111 seat [5) 5/3 6111 12/14 37/5 57/4 second [6J. 17/9 18/16 18/17 23119 D photograph [3) 20118 2111 21/3 proven [1) 57/25 physical [1] 58/19 pick [1) 11/19 piece (1) 34/11 provided (2] 27/8 41125 public [7] 16114 16/21 20/3 23117 27/24 30/3 37/25 reports [1) 32/10 represented [I) 22/17 requested [1] 61/6 required [2] 24/18 38/17 50125 56/20 see [6) 41/18 41/21 44/9 46/16 50/12 50/14 piecemeal [1] 37/20 punished [2) 58114 58/16 resist [1] 57/9 seems (1) 51/15
fJ pistol [4) 10/8 5712 57/21 57/24 place [1) 9/3 placed (3) 8/17 9/2 33/3 punishment [11) 1/11 31117 49/9 49/11 49/17 56/22 5811 58/4 58/12 58/22 59/2 respect [5] 18/3 23/9 30/23 57/1 58/5 respective [1) 61/10 seen [2) 52/17 53/14 seize [1) 48/25 self [1) 7/9 planned [1] 52/24 purpose [1) 34/9 respond [1) 21117 self-initiated [1) 7/9
D plead [2] 5/21 5125 pled [2] 29114 55/12 point[ll] 9/23 ll/13 15/1 19/25 purposes [4] 14/8 1511 18/5 27/23 lout -[41 9/4 13/24 44110 56/1 rest [2] 36/24 53/24 restrict [2] 58/3 58/22 retake [3] 38/17 38/20 38/21 sent [2] 11/3 55114 sentence [15] 4/18 4/20 4/20 4/21 4/22 15/6 15/9 20/5 2111 24/20 2411126/13 28/16 37/1 3911 40/18 Q retired [1] 13/3 28/20 33/20 34/8 40/12 49/20
D 47/6 quality [2] 20/16 2119 police [5] 13/2 13/4 13/20 13/23 question [4) 22/7 32/20 42/13 57/5 42115 retook [1) 38/19 revoke [1] 34/15 revoked [2] 34/10 55/13 sentenced [6] 27/19 29/24 34110 35/18 35/22 59/4 sentences [5] 15/24 30/17 36113 poor [1) 20/16 questions [3] 36/19 41/950/5 Revoking· [1) 33/1 52/12 58111
0 pop [1) 54/24 portion [1] 9/25 portions [1] 61/5 louite Ill 8/6 R R-U-E-B-U-S-H [1] 6/19 revolving [1) 57/12 right [43] 5/9 5115 5/23 6/7 6/11 8/610/24 11/711/15 12/14 14/14 14/16 16/17 20115 25/3 25/8 26/12 separate [6) 19/22 19/23 25113 29/3 54/17 54118 serve [1] 29/24 service (1] 7/8 position [2] 9/6 56/1 raised [1) 50/17 32/21 36/16 39/2 39/14 39/24 services [1] 52/25 0 positive [2) 44/6 44/8 possessed [1) 46/19 possession (4) 16/t'l 17/4 31113 43115 range [4) 49/9 49/11 49/16 58/4 rationale [1] 27/7 read [3) 5116 5/18 39/10 44/24 45/13 46/1 46/5 46/22 47/12 47/13 47/18 47/23 48/21 48/22 50/10 50122 50125 53116 55/13 set [3] 26/25 28/7 57/23 seven [2) 6/23 7/2 several [4) 20112.20/12 4511 45/2 possibility [1] 49113 reading [1) 24/12 5617 58/24 5917 59/14 60/4 Shakes [1) 50115
0 possible (3) 45/3 57/3 57/3 practically [1] 50/17 preferred [1) 24/21 ready [2] 5/5 5/10 really [4) 23/9 40/9 5112 57/20 reasonable [2] 24/14 34/5 right-hand (1] 11/15 road [1] 52/22 Roughly [1] 7/6 she [4) 52/25 53/5 53/9 53111 She's [1] 46/8 sheet [1] 26/25 prejudicial [2] 29/8 32/8 reasons [1] 47/20 Ruebush [5) 4/12 6/9 6/12 6/18 shoot [I) 57/9
0 / I preparation (1] 61/11 presented (2) 5/19 5/24 Presiding (1] 1117 recall (1) 16/6 received (3] 13/9 31116 34/3 recently (1) 46/12 12/10 rules [3) 54/6 54/15 57/23 RULING [1) 58/23 shots [1) 48/13 should [I] 57124 show [2) 14/8 23/16 pretty [4] 13/8 49/8 49/16 52/1 reckless (1] 31/5 run [3] 8/15 1111 56/15 showing [2] 54/7 54/8
0 previously [2] 15/3 20/2 Primarily (1] 57112 print (1) 23/11 recklessly [I] 8/11 recognize [5] 7111 7/13 14/9 18/7 19/4 I
record [7) Ill 12/19 16/15 45/18 run-ins [1] 56/15 running [7]17/17 17/20 20/22 28/23 33/14 34119 39/9 shown [3) 15/3 20/2 43/4 shows (1] 29/12 sibling (1] 46/1 prints (10] 10/25 13/21 15/24 RYAN Ill 2/4 side [4) 11115 52/13 52/21 58/1
0 18/21 21/4 21115 23/9 26/25 27/1 61/7 61/9 61/11 29/5 REDIRECT [2] 44/21 52/9 prior [8) 13/1 24/13 24/15 24125 reduced [1) 43/22 27/7 34/15 56/15 56/15 refer [8] 16/24 17/2 18/4 19/3 s S-1-L-B [1) 12/20 S.W.3d [2] 23/25 24/8 signed [1) 16/5 significant [3] 49/8 49/16 49/20 Silber [8) 4/13 12/9 12115 12/20 1417 16/23 25/9 27114 priors [1) 22/10 25/17 27/14 27/22 30/2 sad [1) 55/23 simply [1) 2119
0 'prison [18) 40/14 49/17 49/21
52/12 54117 5517 55/25 56114 reference .(3) 9/22 32/11 52/13 50/22 50/24 51/3 51/13 51/21 52/2 referenced [3] 26/3 26/8 59110 references [1) 33115 said [5) 22/23 24/9 38/7 41/10 50/6 same [29) 9/18 16/916/16 17/14 since [3) 15/11 5517 5519 sir [9) 5/5 6/16 6/21 6/25 20/8 33/10 4116 45/8 53/8 57/23 58/9 58114 58/17 Referencing [1) 31119 18/10 18/25 19/1 19/11 19113 sitting [1) 5617
D probably [5] 41114 47/9 50/10 5112 55/25 probation (6) 31/23 32/1 33/2 refers [I] 23/8 reflects [1) 61/9 regards [5) 13110 26/24 33/17 19/20 19/22 21/3 22/12 22/16 situation (1] 38/4 22/17 22/22 22/23 23/2 23/2 23/2 sky [1] 48/20 23/5 25/10 26/2 26/14 26/18 2717 smallest [1) 57/3 33/6 35/8 35/9 33/19 36/12 33/5 35122 44/10 society [3)40/20 58/12 58/15
D problems (5] 40/4 47/25 48/15 58/10 58/19 proceed [I] 5/6 registration [2) 7/21 8/10 related [2) 37/12 45/23 relating (1) 22/20 San (2) 13/2 13119 satchel [3) 9/12 9/16 9118 save [1) 5112 some [16) 8/6 10/18 35/11 39/1 3919 40/1 40/2 40/4 45/21 47/2 47/6 49/17 49/25 56/15 56/15 58/2 proceedings [5) 1115 1/18 60/5 release (1) 15/12 saw [1) 8/13 somebody [2) 54/20 59/13
0 6116 61/9 processed (I) 11/5 proof (3) 23/5 24/18 24/23 proper [3) 2115 21/9 21113 released (1] 15/21 relevance [2] 29/6 29/16 relevant [3) 29/16 3217 58/11 remains [1] 56119 say (11] 8/21 9/8 11118 14/20
55/24 SBOT (3) 2/4 2/5 2/lO somehow [I] 23120 32/16 35/4 40/5 43/2 47111 49/23 someone [I) 21115 something [4] 41/21 41122 47110 58/7 properly [2) 15/9 20/24 remember (5) 7117 7/20 51112 scene [I) 13/21 sometimes [2) 54/9 54111
0 prosecuted [1) 43112 51121 51/24 school [4] 37/23 38/1 38116 47/3 son [6) 37/13 37118 41110 41117
.. 0 Demse C. Phillips, CSR Stt a e v. Davt'dD uane G reer 11/15/12 \fol 5 48/25 54/22 54/24 55/12 55113 trying [3) 11116 11/18 21119 s T 55114 5617 57/16 58/11 twenty (2) 49/12 56/20 son ... [2) 50/7 50/9 take [8] 7/8 14/18 20/6 21/9 26/19 they're [6] 20/14 20/16 27/3 34/2 two (24) 5/24 14113 23115 24110 son's [2] 5115 51/10 3417 34/14 48/12 46/I7 48/5 24/15 24/19 30119 3I/20 34/4 sort [I] 59/10 takes [2] 53/19 54/11 they've [2] 44/11 57/25 42/21 44/3 44/4 44/18 46/4 46114 soul [I] 5612 talk [3] 2317 37/20 43/5 thing [7] 7/9 9/I5 2317 32/10 46/15 49/11 49/12 49/13 49115
n speaking [I] 49/8 special [I] 48119 specialized (2] 13/9 13115 specific [2] 24/18 53/1 talked [I] 47/3 talking [3] 11117 23110 53110 talks (I] 24/11 taught [I] 13117 35/12 37/20 43/11
4217 44/10 54/12 50117 56/13 56/20 58/4 things [7] 11/10 I5/8 4I/25 42/3 tying [2] 57/14 57/14 type [6] 917 10/4 10/18 I 0/19 25/I think [17] I11I6 II/I8 2I/5 2119 40/11 specifically [7] 15112 16/8 22/14 TDC [IO] 19/8 19/17 21/I6 22/21 2IIl2 21/13 21115 3417 39/4 39/5 ltvoes fll 56/2I · 22/19 23/23 29/13 32/4 speed [2] 8/12 57/6 22/22 27/20 31117 35/19 35/23 55/14 39/5 40/I8 40/22 41120 42/25 43/22 45/21 u spell [I] 6117 teachers [2] 38/3 38/6 third [3] 31/21 49/11 56/13 Uh [I7] 40/6 40/16 41/5 42/5 4317 spent [4] 13/2 13/3 13119 54/7 technical [I] 35/11 third-degree [2] 49/11 56113 45/5 46/2 46/6 46/14 46/23 4 7114
D Spikes (I] 48/21 spring [I) 49/23 stand [4) 37/2 54/3 55/24 58/24 technically [I) 49/15 Telephone (3) 2/7 2/12 61119 tell [3) 5/11 18/6 52/3 this [75] those (24) 14/15 14/18 15/15 47/19 47/24 48/11 49/5 5118 52/16 Uh-huh (17] 40/6 40/16 41/5 42/5 20/13 27/1 27/24 30/3 30/6 30/18 43/7 45/5 46/2 46/6 46/14 46/23 starches [I] 48/19 ten [5] 35/19 49/12 56/13 56/14 30/20 32/8 33/11 34/1 36114 36/15 47/14 47119 47/24 48/11 49/5 5118 58/4 40/7 52/13 54/11 56/17 58/2 58/3 52/16 D start (2) 54/7 54/16 started [2) 39/1 47/6 state [I6) 1/6 2/3 6/9 6116 10/21 ten-years [I) 35/19 testified [5) 6/13 12/16 36/12 3717 58/15 58116 58/20 though [2] 11/16 52/15 ultimately [i) 29114 unadjudicated [I) 33/16 12/19 23/24 23/24 24/8 24/14 45/15 thought [I) 11/11 under [6) 8/17 9/2 22/22 27/6
0 24/21 39123 45/18 57/10 6111 6114 STATE'S [62) stated [2) I 0/14 54/15 testify [2] 21/16 32/9 testimonial [1] 25/2 testimony [2) 9/24 21/2 testing [2] 10/25 32/10 three [5] 13/3 44/1 44/6 54117 55/8 through [3] 34/2 39/10 55117 32/23 57/23 Underlying [1) 32/18 understand (5] 15/16 38/10 38/15 40/15 47/9 statement [1) 6/4 throughout (1] 42/4 states [1] 16/8 TEXAS [14] 116 117 1117 1122 thrown [1) 43/11 understood [1] 43/23 0 Station [1) 13/4 Stay [1) 59/24 Ste (I) 61118 1/23 217 2112 57/10 59/3 6111 6114 61/16 61118 61/19 than [6) 8/10 28/22 41114 41117 thumb [2] 14/14 14/16 unduly [2] 29/8 32/8 thumbprint [3] 18117 18/21 30/6 unknown [1] 13/22 thumbprints [3] 14/21 30/9 30/12 unlawful [1] 43/15 stealing [I] 54/19 50/10 54/5 time (23] 5/12 8/6 40113 40/14 until [1] 55/6
0 stenotype [I] I/18 step (3) 12/6 45/8 53/22 still [4) 34/4 42112 44/7 51117 Thank [4] 12/7 34/21 36/22 59/6 that (283] that's [18] 9/23 11125 12/3 18/5 40/22 40/25 43/13 44115 47118 up [12] 5/20 11/19 21114 23/13 49/3 49/17 50/22 50/25 5113 51/15 27/8 32/20 46/20 47/2 49/15 54/5 54/13 54/14 54114 54/14 55/6 56/4 57/25 58/24 stipulate [1] 15/13 21112 21113 24/8 25/11 25/12 58/10 58/18 us [9) 22/15 25/9 38/6 40/22 45/4
0 stipulated [8) 15/4 15110 15/15 15/17 15/20 15/23 16115 22/11 stipulating [1) 16/2 32/10 35/21 43/23 46/19 47/9 47/12 47/20 57/16 58/10 theft [3] 27117 29/22 57/13 times [2] 54/18 55/9 titled [I] 1115 today [2] 14118 18/22 47/23 54/8 54/12 57/21 use [3] 8/18 13/25 49/2 used [1] 32/4 stipulation (2) 15/15 16/5 their [4] 41121 46/4 4617 58/1 together [1] 36/1 uses [1) 49/3
0 stop (5) 7/25 42/6 52/22 55/1 55/18 stopped [5) 7/I4 7/14 7118 7/20 them [7] 13/3 21/7 21/8 41122 44/6 50111 50/18 themselves [1] 39/1I told [4] 25/9 38/6 40/22 54/5 too [1] 43/4 took [4] 14/15 18/22 28/12 53/10 usuallv fll 9/3 v V.Dire [1) 4/8 7/23 then [5] 13/3 51117 51125 52/4 top [3] 9/13 9/15 55/21 variety [2] 23/21 40/13 D straighten [1) 46119 55/14 total [1] 61111 Street(4] 1123 2/6 2/1161118 there (36] 9/12 9/13 9/I4 9/16 touch [1] 59/24 vehicle [8] 7/22 8/23 8/25 9/10 stuff [4] 5/8 9114 32110 34/5 9/18 10/7 10/12 10/18 10125 11110 traffic [1] 8/9 11124 12/2 57/4 57/21 styled [I) 61/7 11115 11/24 15/13 15/14 15114 training [6] 13110 13/13 13115 verify [I] 10/20 ' such [I) 24123 17/13 18/I7 18/19 20/17 21/1 21/2 13/17 13/17 13/24 very [8] 9113 9/14 9/15 20116
0 suffice (I] 25/2 sufficient (2] 24/24 27/8 sufficiently [I) 22/14 23/14 23/20 24/5 25/22 25/24 39/21 41/23 48115 50/16 52/15 52/24 56/2 57/2 57/24 58/2 transcription [I) 6115 Travis [I] 1116 trespass [2] 33/12 34/17 39/I9 44/23 54/21 54/21 violated [1] 56/24 violating [2] 8/8 33/6 sugar [1) 48/20. there's [I9] 9/23 9/24 22/7 23/12 trial [6) 1/3 17/11 23/20 39/24 violation [I] 34/22
0 Suite (2) 1/23 2/6 sum [I] .54/4 sunglass (2) 9/18 9119 23/14 23/15 23/21 24/9 26/24 29/5 40117 41/21 49/13 49115 49/16 52/13 57/5 57/10 57/17 48/24 4911 tried [6] 1116 38/20 50/19 50/21 50/24 51/2 violations [5] 32/1 32112 33/11 34/3 35/11 violent [I] 57/11 supervision (2] 15/12 15/22 therefore [I] 21/12 tries [1] 51120 visit [1) 10/19
0 supposed [2] 35/5 54/12 sure (4] 21/18 38/21 42/9 49/18 suspected (I] 43/9 therein [5] 17/24 20/17 2111 32/7 33/15 these [11] 16/1 2011 24/9 24/19 trouble [5] 39/2 39/11 44/12 47/6 visiting [2] 38/3 40/21 50/14 voir [4) 20/6 20/9 26/19 26/22 true (22) 5/22 5/23 6/1 6/2 15/18 volume [4) 112 3/2 4/2 61/6 suspicious (I] 11111 24/22 39/10 5617 56/21 58111 18/1 22/10 26/3 33/9 34/17 35/15 Volumes fll 1/2 w 0 sustain [I] 29/I8 Sustained [3] 9/25 10/17 10/23 swing [1) 11119 sworn [8) 6/10 6113 12/13 12/16 58/12 58/13 they (37] 15/4 18/25 1911 20/2 21/14 21115 23/25 24/l 24/2 24/16 27/8 27/25 28/15 29/14 30/5 3017 40/8 44/11 49/10 49/12 49/13 51/3 56/17 58/3 58/21 59/2 6115 truly [I] 61/9 W-A-D-E (1] 6/18 Wade [3] 4/12 6/12 6/18 truth [I] 34/15 37/4 3717 45/12 45/15 32/8 33/9 33/18 33/24 34/4 3817 try [7] 8/15 51119 51/24 52/3 54/4 waive (2] 6/5 36/25 0 38/18 38119 44/9 44/9 48/17 48119 57/8 57/9 walk [I) 48/24 ·State v David Duane Greer 11115/12 Vol 5 whole [1] 41/23 your [30] 6/7 61167/'} 717 7110 w why (4] 7/20 15116 29/10 47/20 12/8 12/10 12/19 13/9"13/23 32/23 want [14] 5/1.2 14/24 21114 27/14 wide [1] 40112 34119 36/22 36/23 37/1441/10 27/22 31/9 32/8 37/19 41118 44/9 wife [1] 37114 44/20 45/9 45118 47/5 49119 50/6 50/12 50/14 54/22 59/12 will [11] 6/2 6/6 1511 40/14 42/11 5016 53/23 58/3 58/5 59/2 59/6 wants [2] 39/16 41121 119/17 5116 5117 51/8 55/5 61/12 59/8 59/24 WARD [4] 2/5 6/15 4118 50/4 warrant [1] 8/25 WILLIAM [1] 2/5 within [6] 15/20 22/22 33119 z warrants [1] 7/24 33/22 34/11 34/11 zero (1] 31117 was [99] without (1] 35/9 wasn't [2] 8/11 35/5 witness [21] 5112 6/8 6/10 8/3
D way [12] 1119 15/23 21113 23/13 23121 44/10 45/3 49/14 49/15 55/5 57/6 57/18 12/4 12/13 14/4 20/6 26119 27/5 32/20 36/9 36/18 37/4 4112 45/6 45/12 50/2 52/24 53/20 61/13 Wayne [I] 46110 WITNESSES [2] 3/6 3/16
0 ways (10] 23/21 24/22 42/8 42/12 43/1 43/5 51119 51120 51125 52/4 we [62] words [I] 55/18 work [3) 6/20 47/23 53/1 worked [3] 6/22 44/23 47/21 We'd [I] 36/20 working [I] 7/15
D we'll [4] 6/5 28/16 36/24 59/19 we're [2] 23/10 33/16 we've [6] 21110 28/22 40/21 45/25 works [1] 21/13 world [3] 41/15 56/2 57/15 would [44] 8/219/211011112/19 47/2 52/11 15/7 15/8 20/21 20/23 27/6 27/6
0 weapon [5] 9/7 10/6 11/6 11113 43/15 well (25] 6/6 14/25 1517 16/3 22/24 26113 27/14 29/2 30/4 32/19 28/21 2917 29/8 29/9 29/15 30/14 32/6 32/13 33/25 35/25 36/1 36/25 37/1 42/18 42/25 45/10 46/21 46/21 47/5 48/3 49/11 49/22 52/20
0 33/25 34113 38/2 38/14 38/15 38/19 39/9 39/24 40/21 41116 44112 47/21 50/12 52/21 55/5 went [5] 43/13 51/21 52/2 5517 53/24 54/4 54/25 56113 56/13 56/14 58/3 5817 58/21 59111 59/12 writing [1] 6116 wron!!r3l 21/24 41/22 42/1 58114 y 0 were [16] 11/10 11111 13/22 18/25 20112 26/25 28/10 32/1 33/6 33/9 39/23 49/7 57/21 58/13 59/17 y'all [1] 43/3 yeah [15] 14/19 38/6 38/6 41116 61/8 42/9 42/14 46/17 47/8 48/2 48/17
0 weren't [2] 33/24 3411 West [I] 10/5 what[46] 5/11 717 7/17 7/23 9/10 51123 52/14 52/19 53/3 53/17 year [3] 29/24 54/24 58/9 years [29] 6/23 7/2 7/6 12/25 13/2 10/4 10/11 12/21 13/1 13/13 14/8 13/4 13/8 13/19 15111 15/21 27/19
0 14112 18/4 1817 18/24 25/25 27/22 28114 28/22 29/12 29/13 29116 30/11 32/16 34/22 38/6 38/15 31/17 31/17 35/19 35/22 39/6 39/10 42/23 43114 48/9 48110 55119 55/21 56/14 56/14 58/9 38/24 3917 39/10 39/18 43/3 43/23 58/22 59/3 59/5 44/4 44/8 46/4 4617 46/19 48/3 Yep (2] 50/20 51/1 D 49/9 49119 52/20 56/3 56/21 57/2 57/25 what's [6] 7/3 17/3 19/5 31111 yes [56) 6118 6/21 6/25 7112 7/21 8/7 8/24 9/5 9/9 10110 11/2 11112 17/20 20/8 26121 33/10 33113 44/9 51/5 33/23 34/8 37/11 38/13 38/13
0 whatever [2] 39115 58/5 when [22] 7/23 8/8 9/2 11/16 14/18 14/20 15/17 39/4 39/20 38/24 39/3 39/25 40/16 41/11 41/13 4212 42!5 4219 42/21 42124 42/24 43/2 43/4 4317 43/20 43/22 48/17 48/18 49/7 50121 50/24 51/2 4411 45/5 47114 47116 48/14 49/3
D 51/12 51119 51/21 51124 52/2 52/2 54/5 Whenever[!] 8/17 50/8 50113 51/4 51114 51116 51118 52/1 52/5 5217 56/24 58/11 yesterday [3] 15/4 16/6 45/21 where (5] 9/11 9/17 10/6 10/9 yet [3] 44/6 54/13 55115
0 57/13 whether [1] 57/12 which [20] 15/2 16/1 16112 20/3 you [200] you'll [2] 517 32/19 you're [8] 20/18 21118 36/21 '
21/23 22111 22/15 22/16 24/4 42/13 47110 48/18 57115 57/15
0 24117 25/8 27115 28/17 29/20 33/3 36/2 42/18 43/22 48119 6117 while (4] 10/13 24/19 38/11 48/16 who [5] 14115 16/8 16/9 40/8 you've [13] 13/615/17 36112 39/22 40/1 40/1 41123 44/23 44/23 45/2 45/3 50116 53/14 you-all (1] 47/21 54/20 young (1] 51/17 who's [2] 14/21 23/20 youngest [1] 46/11
.. Demse C. Phillips, CSR
State's Exhibit No. 5 9 0 6 State's Exhibit No. 6 State's Exhibit No. 7
7 State's Exhibit No. 8 12
0 8 State's Exhibit No. 9 State's Exhibit No. 10
State's Exhibit No. 11
0 9
10 State's Exhibit No. 12 State's Exhibit No. 14 State's Exhibit No. 15
State's Exhibit No. 16 19 D 11 State's Exhibit No. 17 State's Exhibit No. 18
12 State's Exhibit No. 19 22 0 ·13 State's Exhibit No. 19-A State's Exhibit No. 20
State's Exhibit No. 21 25 0 14 State's Exhibit No. 22 State's Exhibit No. 23
15 State's Exhibit No. 24 28
0 16
0 17 0 19
20 0 21
0 22 0 24
0 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT n 5 5' II" Sex M Dob 12/22/66 Wt 218 Hair Brown Eyes Brown
THE STATE OF TEXAS PID: 26619800 DA Complaintil 12-0 I 051
0 VS.
DAVIU IJUt\NI'. GREER 13ook il OIT 22990002 229'.1000 I Cause No. Charge: BlJi~CLARY OF HAllli"ATION llURGLARY OF llUILDING
0 Justice Court No. ..... Agency BPD 12·0 I 00799 Ba111s he1eby s~t at$ _____ . . (,tvcllundcr my hand ___ :.:::J~ ·:~L;. _c:.-~c:r: .. ;.<~; I ~f-- __ _;-1-· 0 WRll RLCEIVIt(L,[ !d._. /rf c-/ )' /] 2U . -::vi . //:/1' ~~:.;;;i·~)?;;;;;;.;;·t.;.~t~k~/.'j'- ~1-t-KECUTED(/-'_(-~jU . 2U /.~-resting the --, D~fcndant nnd (I) plac111g hnn Ill Jail tnl3r.izu> County. J"cxas. or(2)1flk-fl~ s- ond:-(C1o"tl mnpplicable nct 1 ~q ~ --~--~---- 0 - --
WARH.'\NI -- 13 fcl7.os Lllltlll\ lc:-o:t:s * j STATE'S EXHIBIT • -By _______ •...
11J. fi\MAb '···- _
Vi:l) - L'ca«Otliccl 0 Agcnc.y BPD 12-0 I 007'19 D f}- 1
2 [] 3
4 6 5
0 6 0 8
0 9 0 11
12 State 1 s Exhibit No. 7 0 13 Photograph
0 14 0 16
0 17 0 19
20 D 21
0 22 0 24 n 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT
~·
~I ] ] ] THE STATE OF TEXAS §
COUNTY OF BRAZOS § ] J In the 272ND DISTRICT COURTof Brazos County, Texas the Honorable TRAVIS BRYAN Ill Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause to wit: J Trial Court Cause No. 12-03324~CRF-272 J THE STATE OF TEXAS § IN THE DISTRICT COURT OF J vs. § BRAZOS COUNTY, TEXAS
1 David Duane Greer § 272ND DISTRICT COURT
J
• MOTION. FOR SPEEDY TRIAL ....................................... 26-27 ] (FILED AUG. [10], 2012) • DISCOVERY ORDER (FILED ....................................... 28 AUG. 31, 2012) J • MOTION FOR DISCOVERY OF ....................................... 29-32 EXCULPATORY AND MITIGATING EVIDENCE (FILED ] QCT. [28], 2012) • A.MENDED ....................................... 33 COMMITMENT/RELEASE ORDER J (FILED NOV. 16, 2012) • TRIAL COURT'S CERTIFICATION ....................................... 34 OF DEFENDANT'S RIGHT OF J APPEAL (FILED NOV. 16, 2012) • ORDER APPOINTING ATTORNEY ....................................... 35-37 ] (FILED NOV. 16, 2012). ....................................... • JURY LIST (FILED NOV. 16, 2012) 38-39 • STRIKE liST (FILED NOV. 16, ....................................... 40-45 J 2012) • COURT'S CHARGE TO THE JURY ....................................... 46-51 (FILED NOV. 16, 2012) ] • JUDGMENT OF CONVICTION BY ....................................... 52-58 JURY (FILED NOV. 19, 2012) • ....................................... ~ SECOND. AMENDED 59 COMMITMENT/ RELEASE ORDER (FILED NOV. 19, 2012) • MOTION FOR NEW TRIAL AND ....................................... 60-63 J MOTION IN ARREST OF JUDGMENT (FiLED DEC. 13, 2012) J
J
]
0 0 • STATE'S OPPOSITION TO ....................................... 64-66 DEFENDANT'S MOTION FOR 0 NEW TRIAL AND OBJECTION TO ANY UNTIMELY AMENDED MOTION FOR NEW TRIAL (FILED 10 DEC. [20], 2012) • MOTION FOR NEW TRIAL AND ....................................... 67-69
:o MOTION IN ARREST JUDGMENT (FILED JAN. 03, OF 2013) ....................................... 0 • • LETTER (FILED JAN. 03, 2013) REQUEST FOR PREPARATION ....................................... 70-71 72-73 OF REPORTER'S RECORD AND :O DESIGNATION OF MATTERS TO BE INCLUDED. (FILED FEB. 06, 2013) ;0 • NOTICE OF APPEAL (FILED FEB . 12, 2013) ....................................... 74
• REQUEST FOR PREPARATION ....................................... 75-76 iO OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED (FILED FEB. [12], :0 • 2013) WRITTEN DESIGNATION ....................................... 77-78 SPECIFYING MATTERS FOR :0 INCLUSION · IN CLERK'S RECORD (FILED FEB. [12], 2013)_
:o • • DOCKET SHEET CLERK'S CERTIFICATE ······································· .......................................
.0 .0 0 0 0 0 0
n Race W Age 45 Ht 5'11" Sex M Dob 12/22/66 Wt 210 H~ir Brown Eyes Bruwn
0 THE STATE OF TEXAS PJD: 26619800 DA Complaint# 12-Q2607 VS. Book II
0 DAVID GIU!ER AKA l>A VE GREBR Off 52030024 Cause No . .ll.=J)~'-\- (n.R- ·~"7-- ChHrge: UNLAWFUL POSSESSION J.·ifiA-RM BY FELON Justice Colllt No. [J-Q2434·F Agency I.ICSO 12-1615
TN THE NAME AND BY AUTHORITY OF THE STA TF. Of TEXAS:
The Grand Jury of Brazos CoUilty, State of Texas, duly or,pmized at the July Term, 2012, of the 272nd District Court of said C'-<Junty, in said Court, at said term. do present that in the County of Brazos and State of Texas one DA VlD GREER AKA DAVE (;REER hereinafter referred to liS the Defendant, heretofore on or about Febroary 16, 2012, did
:0 then and there, having been convicted of the felony offense of Possession ufMethwnphetamine on the 6th d11y of November, 1997, in Cause No. 13,603 in the 278th r>istrict Court of Grimes County, Texas, inTentionally or knowingly posse.'!.<; a firearm before the fifth anniversary of the defendant's release from ~upervision under community supervision or p11role or mandatory supervision following conviction of said felony,
ENIIANCEMF.NT TO HABITUAL OFFENDER:
PARAGRAPH ONE: und it is further presented in and to s11id Court that, prior to the commission of the aforesaid offense, hereafter stykd the prhnary offense, on the 18th day of April, 1984, in Cause No. 15,341 in the 85th District Court of Brazus County, Texas, the' defendant was convicted ufthe felony offense of Burglary of a ';-- Habitation, · ,, .. ..~ · ·-····· ··- · ·""···----·- _,......... ,. ___ ._,c. __ --·-···'' ...... ·· · · ··
PARAGRAPH TWO: and it is furtller presented in and to said Court that, prior to the commission of the primary offense, and after the conviction in cause number 15,341 was final, the defendant committed the felony offense of , Theft and was convicted on til~ 1Otb <lay_g_LJ.ul)e, I2.~7. mCause N~:--i:7";17s:ss iii" ilie 85tii-nistrict Court of Bmzos "l.- Couiii)':, -texas: · _. . __ ._ . _ .
0 AGA fNS' f THE PEACE ANfJ D!GNJTY OF THE STATE Uvestod< . $ 0 Bank Accounts_~ ru<k:tt3't:-1~ name oc .u~ect yooc~ontrol to 0Whole Ufe Insurance 0 Savings Accounts $~ n the value of each 0 cash money $ 0 Available credit$ t:fX /.? -
Section 2: Debts and Liabilities. Ust all dependeRts living with you.
advi1 ing him/her to contact me as soon as .
Thank you for the opportunity to repre ent the above mentio[ed defendant.
:0 Ja'~re~l~~._,L._.. Earl v,'c!oR//l /. C/tRTeK Lu/s C. £s-hNo r2 Lv C/t5 J. I,RV/~ tD 13 _ _ _ _ _ _ _ _ _ _ _ _ _ __
14 _ _ _ _ _ _ _ _ _ _ _ _ _ __
0 \1 LAND February 8, 1949 10 223160 SMITH ROBERT
ld 17, lr. '" LAURIE November 30 1946 13 224679 SCHLITTER REBA iO - \'>'lAQ"ZIO
224893 loo ~•c
GAUMBERTTI '('"'
MARISA lt::l ·~·c:: z ·~ """ Al!QUSt 6 . 1952 16 225220 COBOS GILBERTO February 21, 1955 17 226198 HOLT MICHAEL LEE September 29 1952 '" ·~..,,...,,.., ~r ln.- ,,..,.. ~'2"1 10lU
rTn.hlY_ '"'.A Hl51l. 20 226494 SMITH KEVIN SCOTT September 9 1966 ---..
22 226615 PARKER BRENT KEITH July 29 1957 23 226666 HENRY SARAH ANN December 12 1985 24 227248 MCINTYRE DAVID p July 22 1954 '>o::: j.-,07'>"<7 ~ VI\Mt::
26 227331 HASH ROBERT BRUCE May 28 1957 27 227377 FROSCH CAROL BROWN June 2, 1949
29 227575 CARTER VICTORIA RAY December 12 1957 30 227586 MOORE SHARON ALICE November 19 1956 31 227663 FREDERICK PAULA KATHRYN A_pfil14, 1970 32 227670 ESPINO LUIS CARLOS October 6 1988
0 33
227689 227799 IRVIN MOORE LUCAS CASEY JAMES JOE November 24 1982 November 22, 1982 ~ ~
Page 46 I I A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the "' circumstances exist. A person acts knowingly, or with knowledge, with respect to a result ofhis conduct when he is aware that his conduct is reasonably certain to cause the result. II. Now, if you find from the evidence beyond a reasonable doubt that on or about the 16tll day of February, 2012 in Brazos County, Texas, the defendant, David Greer, did then and there having been convicted of the felony offense of Possession of Methamphetamine on the 6tll day of November, 1997 in Cause number 13, 603 in the 278tll District Court of Grimes County, Texas, intentionally or knowingly possess a firearm before the fifth anniversary of the Defendant's release from supervision under community supervision, or parole, or mandatory supervision following conviction of said felony, then you will find the defendant guilty of the offense of unlawful possession of a firearm as charged in the indictment. Unless you so find beyond a reasonable doubt, or if you have a reaSonable doubt thereof, you will acquit the defendant and say by your verdict "Not Guilty." III. A grand jury indictment is the means whereby a defendant is brought to trial in a felony prosecution. It is not evidence of guilt nor can you consider it in passing upon the question of Page 47
0 0 guilt of the defendant.
D IV. You are instructed that our law provides that the failure of the defendant to testify shall 0 not be taken as a circumstance against him, and during your deliberations you must not allude
D to, comment on, or discuss the failure of the defendant to testify in this cause, nor will you refer
to or discuss any matter not before you in evidence. 0 v. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that a defendant has been arrested, contirled, indicted or otherwise charged with an offense gives rise
to no inference of guilt at trial. The law does not require a defendant to prove his innocence or . . . .
produce any evidence at alL ~e_p~~~-~I"IlP.~~!?_<:?f~~-()~~E-ce·~J~?er:is'stiffic~_t:!l:!:fcY''~cq~_i!_th'e' .
~eferi&Clntr~.l_nl ~_s.§_!h~ ].!:!~<?.!"~ ~e sati~f!~_Q 5'e§:t;l!iia;;ca2feas~n~Hle''cr~f,!QtgfJJ:le defengan,t~~_gyilt after 0 . . .
-{i_~(~fa:l!~:cl,~Fif{p~1a:}?~O,ilst~~fation of all the evidenc~jn the_ case. 0 .' .· ·. ' . . . . .· ·.· ._·: . . . . - .. -Th~.:fp.£1>~~~~ti'o~:f1~~~~h~~b.~~¢.~Il:'~fcP!.<?:Ying=~!!~,;-~~f,~uq~r~-gl;tij!Y, and it must do so by """ . . . : . . . • . cc., ... -.' •
0 proving each and every element of the offense charged beyol:i5tc((e_¥~;eni_~:l'!2!1Eb and ifit fails • J • • . - ~ • to do so, you must acquit the defendant. D ·~ . . It is not required that the prosecution pro-cve guilt beyond all possible doubt; itis required 0 that the prosecution's proof excludes all reasonable doubt concerning the defendant's guilt. VI. 0 You are the exclusive judges of the facts proved, of the credibility of the witnesses, and 0 -3- 0 Page 48 0 0 0 the weight to be given to their testimony, but you must be governed by the law you receive in 0 these written instructions. After you retire to the jury room, you should select one of your members as your ~6 Presiding Juror.· It is his or her duty to preside at your deliberations, vote with you, and when -.~ you have unanimously agreed upon a verdict, to certify to your verdict by using the appropriate 0 fonn attached, hereto, and signing . the same . as Presiding. Juror. I~··delih'?~ating·.oi\•th<:?~·ca~ei'I.C>lf'.rfltiSf'Ori:o~~~6risider;·':r~fet'Eo;:'not~'dJ~~~$c6iriy'rhattef~Q!:."·· 0 -~_sue:npt's~Owntby~th~·t.wJd¢,~¢-~;'in;··tae~c.~§~~@~~tl:r~J~~~a~onable~~Q.fe~:ac~~gg:ffi:~~~§~i.:PE~.~-~. 0 ·_-Jt~iSt>te>nl;Y-:J[~.iTii{tfu'eAyitness-Stand,::,or;;t~ngihle.:items'-.adihitterl.~fi:a~o~;~xi:9~~P~~:~~-~t~~~-:.j·?_tf·+s. . ' . . . . . --P.~Fm;i.tted-,to%'lieP¢_jye¥.;6v-i'd15i}"~~~i:¥e'gafdih'g,the .. ca·se':...You should not consider nor mention any 0 ....... , ~. . . ,...... ._. _; __- . --· ·. . .. -··-·· --~-- ..-·. ···--- ··-·-- ···-··---··-····· ·----~----------------. £_e~s~~~~J~no~1~4ge ~~ inf<:J~~tiO!J:Y~_U ITlay·~-~y~ _a~out any· fa~~ ()rp~f..SOJ]_C()~ecte9:~!t:J:1_t!!i§ ······- ;0 ~i:!~~~~i~h-~~-~<?! . ~h~~~--~):' !~.e. _ey}~~!l~(! ~~for~. Y.Q!:!.- In determining the guilt or innocence of :·: n the defendant, you shall not discuss or consider the punishment, if any, which may be assessed against the defendant in the event he is found guilty beyond a reasonable doubt. D Do not deliberate with any member of the jury unless all members of the jury are present ·.o in the jury room.
You have been permitted to take notes during the testimony in this case. In the event 0 any of you took notes, you may rely on your notes during your deliberations. However, you
·o r may not share your notes with the other jurors and you should not permit the other jurors to
[l share their notes with you. You may, however, discuss the contents of your notes with the other jurors. In your deliberations, give no more and no less weight to the views of a fellow
0 -4-
'0 Page 49 0
0 [) juror ju_st because that juror did or did not take notes. Your notes are not official transcripts.
D They are personal memory aids, just like the notes of the judge and the notes of the lawyers.
Notes may be valuable as a stimulant to your memory. On the other hand, you might make :ilJ . Cl" an error in observing or you might make a mistake in recording what you have seen or heard.
Therefore, you are not to use your notes as conclusive authority to persuade fellow jurors of what the evidence was during the trial.
After you have retired, no one has any authority to comm~Jlicate with you_ except the :O bailiff. You·may communicate with the judge in writing through the bailiff, but do not I ' ., •
:0 attempt to talk to the bailiff, or the attorneys, or the judge, or anyone else concerning any -~ question you may have. [10] After you have reached a unanimous verdict, and the Presiding Juror has signed the !0 appropriate form, notify the bailiff that you have reached a verdict. !0 ·o :o Signed this fl day of Nb{, 2012. 0 I 0 0 residing Judge 272nd District Court 0 -5- 0 ,Page 50 0 D 0 CAUSE NO. 12-03324-CRF-272 0 STATE OF TEXAS vs. § § IN THE DISTRICT COURT OF BRAZOS COUNTY, TEXAS 0 DAVID GREER § 272nd JUDICIAL DISTRICT 0 VERDICT OF THE JURY D We, the Jury, fmd the defendant, David Greer, Not Guilty. 0 0 Presiding Juror We, the Jury, find the defendant, David Greer, Guilty, of Unlawful Possession of a Firearm by a 0 Felon as charged in the indictment. 0 0 Presiding Juror 0 0 0 0 0 0 -6- 0 Page 51 0 n~ ~ -, CASE No. 12-03324-CRF-272 INCIDENT NO./TRN: 9206382438 COUNT Single 0 THE STATE OF TEXAS § § v. § 0 DAVID GREER § § § STATE ID No.: TX.03329636 § JUDGMENT OF CONVICTION BY JURY 0. Judge Presiding: HoN. TRAVIS BRYAN, III Date Judgment Entered: 11/14/2012 Attorney for Attorney for State: RYAN CALVERT Defendant: EARL GRAY 0 Offense for which Defendant Convicted: UNLAWFUL POSSESSION OF FIREARM BY FELON Charging Instrument: Statute for Offense: 0 INDICTMENT Date· of Offense: 2/16/2012 46.04(a) Penal Code 0 Degree of Offense: HABITUAL FELONY Verdict of Jury: Plea to Offense: NOT GUILTY Findings on Deadly Weapon: GUILTY NIA I 0 Plea to 1'1 Paragraph: Enhancement NOT TRUE Plea to 2nd Enhancement/Habitual Paragraph: Findings on 2nd NOT TRUE Findings on 151 Enhancement 0 Paragraph: Punished Assessed by: COURT TRUE E!lhancement!Habitual Paragraph: Date Sentence Imposed: 11/15/2012 11/15/2012 TRUE Date Sentence to Commence: 0 Punishment and Place of Confinement: JUDGE SENTENCED DEFENDANT TO THIRTY(30) YEARS INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY. D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A 0 Fine: $NIA Court Costs: $259.00 Restitution: $NIA Restitution Payable to: 0 VICTIM (see below) 0 . AGENCY/AGENT (see below) Sex Offender Registration Requirements do not apply to the Defendant. TEx. CODE CRIM. PRoc. chapter 62. D The age of the victim at the time of the offense was N/A . Tf Defendant is to serve sentence in 'J'DCJ enter incarceration periods in chronological order. From 2/16/2012 to 3/21/2012 From 5/14/2012 to 11115/2012 From 0 to Time From to From to From to Credited: If Defendant is to serve sentence in county jail or is given ercdit toward fine and costs. enter days credited below. 0 N/ADAYS NOTES: N/A All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Brazos County, Texas. The State appeared by her District Attorney. Counsel /Waiver of Counsel (select one) 00 [8] Defendant appeared in person with CounseL Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the 0 jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in _the presence of Defendant and defense counsel, ·if any. · 0 The Court received the verdict and ORDERED it entered upon the minutes of the Court. r;reer.dl2·0332+af Page 52 Pa~o l of2 0 0 0 Punishment Assessed by Jury I Court I No election (select one) Jury. Defendant entered a plea and filed a written election to have the juzy assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the juzy was brought into Court, and, in open court, it returned its verdict as indicated above. · · -o ~ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. 0 No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. 0 The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUlL TY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9. The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) ~ Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, lnstitutiona~ Division, TDCJ. The Court 0 ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the Brazos County District Clerk's Collection Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Cqurt above. 0 County Jaii-Confine~ent f Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Brazos County, Texas on the date the sentence is to commence. Defendant shall be confined in the 0 Brazos County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Braws County District Clerk's Collection Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. 0 Fine Only Payment. The punishment assessed against Defendant is for a F1NE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Brazos County . Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence (select one) ~ The Court ORDERS Defendant's sentence EXECUTED. 0 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated. F.;,_rthermore, the following special findings or orders apply: gnoer .d 12 ·03324 -o:f Paeo. [2] of2 . Page 53 u BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK Mike Wilson, CHIEF DEPUTY 1700 HIGHWAY 21 WEST WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TEXAS 77803-1300 Date of TO WHOM IT MAY CONCERN: Sentence: 11/15/2012 This letter shall serve as a certification that the below names individual: Name GREER, DAVID D. Cause# 12-03324-CRF-272 0 Offense: UNLAWFUL POSS FIREARM ------~~~~------- Offense Date: 02/16/2012 TRN#: 9206382438 0 TX SID# TX03329636 SO SID# 26619800 . DOB: MALE 0 12/22/1966 RACE: - - -WHT ---- GENDER: Has the following arrest record with the Brazos County Sheriff's Office: n DETAINER PLACED: DATE IN DATE OUT DAY SERVED ·0 SOOK #229324 DETAINER PLACED: DATE IN DATE IN 2/16/2012 DATE OUT DATE OUT 3/21/2012 DAY SERVED DAY SERVED BOOK #232201 DATE IN 05/14/2012 DATE OUT 11/15/2012 DAY SERVED 186
D DETAINER PLACED: DATE IN DATE OUT DAY SERVED BOOK# DATE IN DATE OUT DAY SERVED
0 DETAINER P'LACED: BOOK# DATE IN DATE IN DATE OUT DATE OUT DAY SERVED DAY SERVED
0 DETAINER PLACED: BOOK# DATE IN DATE IN DATE OUT DATE OUT DAY SERVED DAY SERVED
DETAINER PLACED: DATE IN 0 BOOK# DATE IN DATE OUT DATE OUT DAY SERVED DAY SERVED
DETAINER PLACED: DATE IN DATE OUT DAY SERVED
0 BOOK#
TOTAL DAYS SERVED DATE IN
[*221]DATE OUT DAY SERVED
D ORDER WORKED BY C?~Zm.u --~--------------- 979-361-4806 DATE: 11/16/2012 (revised) OFFICE (979) 361-4900 .. ADMINlSTRATION (979) 361-4992 . . FAX (979)361-4905 0 Page 54 0 0 TEXAS DEPARTMENT OF CRIMINAL JUSTICE PEN PACKET DOCUMENT CHECKLISf
CHECK ONE: 0 Prison 0 State Jail D SAFPF 0 SAIP (Boot Camp)
0 Please Print OFFENDER'S NAME: GREER DAVID D ~~-----------------------------------------------------= Last first Ml Gender: __M ___ TX03329636 12-03324-CRF-272 MIF SID/DPS Number CAUSE Number(s) 272ND BRAZOS 9206382438 Court Nwnber County Name! Co. Offender/ TRNNumber FBI Number Number SPN Number
Indicate whether offender is regular needs or special needs (mark one): Regular Needs 0 Special Needs D Ifspecial needs, explain:
0 REQUIRED DOCUMENTS FOR ALL OFFENDERS: CHECK 1. Standardized Feloll}' Judgment Form- Official Certified Copy 0 2. A COJlY ofthe defendant's criminal history 0 3. A written repc>_rt describing each offense for which the defendant is sentenced to TDCJ 0 4. A copy of the indictment or information on each offense for which the defendant is sentenced to 0 TDCJ 5. A copy of the Jail Conduct Report 0 REQUIRED DOCUMENTS FOR ALL OFFENDERS (IF PREPARED): CHECK 6. Deta.iners, Holds or Warrants 0 7. Pre- or Post-Sentence Investigation Report 0 8. Revocation Report 0 9. Psychological/Psychiatric Evaluation 0 10. Client Supervision Plan 0 11. Texas Uniform Health Status Update (For Special Needs SAFP sentenced offenders copy ofTUHSU 0 must be provided to TDCJ when Pen Packet Document Checklist is submitted for admissions scheduling. For ALL offenders TUHSU must be delivered to the TDCJ unit with the. offender at time of physical admission.) 0 12. Victim Impact Statement I CERTIFY THAT ALL DOCUMENTS CHECKED ABOVE ARE ATTACHED 0 (PLEASE WRITE LEGIBLY):
Printed Name of Person Completing Checklist Title Contact Information for Person Completing Checklist (Area code, phone number, extension)
_o Signature of Person Completing Checklist 0 1 Companion Definitions and Guidelines Available 0 D ·Page 55 0 n . "l )1;CJ .... 0 : ~.- No. 12-03324-CRF-272 0 THE STATE OF TEXAS IN THE 272ND DISTRICT COURT D VS. OF 0 DAVID DUANE GREER BRAZOS COUNTY, TEXAS 0 0 0 0 0 G Date: _ _ _ _ _ _ __ 0 u D 0 0 Right Thumb Print 0 D Page 56 0 n [) TEXAS DEPARTMENT OF CRIMINAL JUSTICE 0 CORRECTIONAL INSTITUTIONS DIVISION CLASSIFICATION AND RECORDS DEPARTMENT ADMISSIONS SECTION 0 JAIL CONDUCT REPORT GREER, DAVID. 12-03324-CRF-272 D OFFENDER NAME (Last, First, Middle) TX03329636 SID NUMBER CAUSE NUMBER G I certify that the above captioned offender has committed no serious acts of _ _ _ _ _ misconduct while in my custody. 0 ----- I certify that the above captioned offender committed serious acts of misconduct as follows: 0 INCIDENT: D .. 0 E Dates subject has been arrested and released on the above cause number in chronological order: IN OUT 2/16/12 3/21/12 0 5/14/12 11/15/12 0 0 u TDCJ COORDINATOR COUNTY SHERJFF'S DEPARTMENT u ** This form should accompany all offenders' commitment papers transferred to the Texas Department of Criminal Justice. ** Attention: CRO State Ready Section 0 u Page 57 0 n 0 'Brazos Ccru.nty · St., Suite 216 300 'E. 2fY;, 'Bryan 1X 77803 0 (979) 361·4230•4240 :Marc Jfamfin 0 'District CCerk 0 ~ 0 I HEREBY ACKNOWLEGE RECEIPT OF THE TDC PACKET ON: 0 DAVID GREER 12-.03324-CRF-272 u CAUSE NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ FROM THE DISTRICT CLERK'S OFFICE. 0 PREPARED BY:_.__ A. MORGAN_ _ _ _ _ DATE: 11/1.9/1.2 E. RECEIVED BY:_ _ _ ]C£__;' ~.._4.....__~--~-+---DATE:_.-1., . .:~.-~. .:. . _· l.....l.\-+-\ D \WI \ 0 0 D 0 0 u Page 58 u 0 0 THE STATE OF TEXAS :0 To: The Sheriff of Brazos County, Texas 0 Brazos County, Texas, effective at ---1-:'"':---?-.<,;_.J~~ 20 1~ relating to the offense(s) of ~t-U-~~.w.....!7'-~~-.LUJ~LLL.I---"~----l..~i;.I.L.I."'-"?"""--=:::-- '-:.......~ to serve a term of _ _ _ _---J.-l~..........'+-~.......,L..w;,_..~--_ _ _ __ 0 ~--in the Brazos County Jail ............_j in the Institutional Division of the Texas Department of Criminal Justice --~in a State Jail Facility ___ as a condition of community supervision :o ___ with referral to the State Boot Camp ___ work release is authorized _ _ _each SUM T W Th F Sa from m. until m. ,0 _ _ _ according to the schedule _ __ ___to be held in the Brazos County Jail _ _ _without bail, until further order of this Court 0 --'---until transported to a Substance Abuse Felony Ptmishment Facility ----!pending appeal from his conviction of a felony _ _ _ until sufficient bail is posted in the amom1t of$._ _ _ _ _ __ ._._n_ _ _ _ in cash or surety bond fonn U ---'--- in personal bond form _•_0 @. .:/-.. \4 _ _ _ upon the attached conditions; 98 to be released from custody on th;,abqve c~e(s) CREDIT FOR TIME SERVED unc..lu.dU\9 flme..., bifVr...c.J .J -ff without conditions om ?. -\(p -2- bl'2- thru.. 3. J./, Zo )2-) C;i -~ r _ _ _UPON RELEASE, Defendant is to report to the Brazos County District Clerk (Collections) to ~ pay court costs of$ . ; attorney fees of $ ; ..(- · ·D "- . ~ fine of$ urt 1ay-out co costs o f$ 2 c~JesJbtution ...r1. . of~ ~ _ _ _TO RUN CONCURRENT WITH _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 0 _ _ _ SPECIAL INSTRUCTIONS: _ _ _ YOU ARE ORDERED TO OBTAIN AND BRING PROOF OF TB TESTING n ON THE F1RST DAY THAT YOU REPORT TO JATL. FAILURE TO COMPLY WILL RESULT IN WORK RELEASE BEING REVOKED AND STRAIGHT TIME ORDERED. Defendant's InJtials - - - - - -~ \~ 0 SIGNED this the d 0 ·u Page 59 . ··- ---.........-·------ Q ·o NO. 12-03324-CRF -272 · B STATE OF TEXAS § IN THE DISTRICT CO § n vs. DAVID DUANE GREER § § § BRAZOS COUNTY, TEXAS 0 MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT '0 TO THE HONORABLE JUDGE OF SAID COURT: 0 · COMES NOW, David Duane Greer, the Defendant in the above styled and numbered cause, and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of 0 the Texas Rules of Appellate Procedure, and in support thereof would show this court the following: :0 1. The Defendant was sentenced on November 15, 20 J2. This Motion, filed within the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the ·D sentence, which is January 29, 2012, or this motion is overruled by operation oflaw. [2]. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. '0 21.3. G 3. The trial court has the discretion to grant a new trial in the interests ofjtistice, as the Court of Criminal Appeals has emphasized: 0 For more than one hundred and twenty years, our trial judges have had the discretion to grant 0 new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73 ), the Supreme Court, which at that time had criminal jurisdiction, held: 0' ... The discretion of the District Court, in granting new trials, is almost the only 0 protection to the citizen against the illegal or oppressive verdicts of prejudiced, careless, or ignorant juries, and we think the District Court should never hesitate to 0 use that discretion whenever the ends of justice have not been attained by those 0 u Page ~0 0 fl. ,_) n verdicts. State v. Gonzalez, 855 S. W.2d 692 (Tex. Crim. App. 1993). D 4. For the foregoing reasons, and for such other reasons that may arise on the hearing of this Motion, Defendant requests a new trial. ·o WHEREFORE PREMISES CONSIDERED, Defendant prays that the Court set aside the . ' D L judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, D MARY HENNESSY 0 P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 D .·-"\ ; 0 By: _ _ . --+----"-'-'-_____.""'----t---- /'__ Mary Hennes State Bar No. 09472300 G Attorney for David Duane Greer n CERTIFICATE OF PRESENTMENT D By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of D Brazos County, on this day, December 11, 2012. 0 0 CERTlFJCA TE OF SERVICE 0 This is to certify that on December 11, 20 12, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Texas, by 0 2 u Page 61 0 0 n facsimile transmission to: 979-361-4368. 0 B 0 0 0 0 D 0 n 0 D 0 0 0 ( 0 0 - - - - - - - __ . Page 62 0 MARY B. HENNESSY
B ATTORNEY AT LAW P.O. Box 2536 Brenham, Texas 77834-2536 [)(; i=-i i.. t::: JI"""L..--'--- jl/} fU o'clock -'1-1 M Tele. (979) 277-0757 0 Fax: (979) 277-0030
December Jl, 2012 8 Marc Hamlin Brazos County District Clerk 0 300 East 26th St., Suite 216 Bryan, TX 77803
D Re: 12-03324-CFR-272; The State of Texas v. David Duane Greer; In the 272nd District Court, Brazos County, Texas
0 Dear Mr. Hamlin, Enclosed please find Defendant's Motion For New Trial and Motion In Arrest of Judgment
0 in connection with the above referenced matter.
Please file in your usual manner. u Thank you for your cooperation.
0 G D Enclosure
0 cc: Brazos County Assistant District Attorney's Office Via facsimile # (979) 361-4368
Client n "'
0 D D tfr Page 63
[l '• --~7:.- ·-~~;; .... __ .: .. . . -
P····-- . ~- .:_ .. _ :!!~
G 0 THE STATE OF TEXAS V. § OF BRAZOS COUNTY, TEXAS B DAVID GREER § 272nd JUDICIAL DISTRICT 0 STATE'S OPPOSITION TO DEFENDANT'S MOTION FOR NEW TRIAL AND 0 OBJECTION TO ANY uNTIMELY AMENDED MOTION FOR NEW TRIAL Pursuant to Tex. R. App. P. 21.5, the State opposes, in writing, the Defendant's 0 Motion For New Trial. 0 On November 15, 2012, the Defendant was found guilty of the offense of D . possession of a firearm by felon, and he was sentenced to 30 years in the IDTDCJ. 0 _On December 13, 2012, the Defendant filed his motion for new trial. He alleges one ground: Q 1. that the "verdict in this cause is contrary to the law and the evidence." 0 (Motion, p. 1). 0 A. He prays for a new trial. (Motion, p .. 2). The 'Defendant's motion.should be. denied_ without a hearing because his - . . .-· ·· - -,_. - -- - ------- 0 mrili~1fii~i!Q"i--~J!iin.2ri~~~b.i.~~ffiai~it'. ---.F,:~~-·- "As a prerequisite to a hearing, and as a matter of pleading, motions for new 0 trial must . . . . be ~i.lpported by an' affidavit of either the accused or someone else . -·~·_··'<•·•-:···. -- .... "1~·- ........ ,.." .......•• \ · ...... ·.... ~ .. ,: . . _... . ,,•._ ,• . . . ·:_ ..... :_,; .. ·.···::;· ;·.'··-_:,._ -,-<· .. ·.~ ·- .·:··-.····..--···~ 0 0 Page 64- D 1 I I motion must be supported by affidavit. Marquez v. State, 356 S.W.2d 797,799 (Tex. Crim. App. 1962). The defendant's motion for new trial must contain an affidavit where the affiant has personal knowledge of the facts or be "some other person who was in a position to know the facts." Dugard v. State, 688 S.W.2d 524, 528 (Tex. Crim. App. 1985). In this case, the motion for new trial is not supported. by an affidavit. The Defendant's motion should be denied without a hearing on this basis alone. B. The Defendant's motion should be denied without a hearing because his ground for new trial may be deter~ned from the trial record. The Defendant is not entitled to a hearing on his motion where his ground for new trial may be determined from the trial record. See Reyes v. State, 849 S.W.2d 812, 816 (Tex. Crim. App. 1993). C. The State objects to any untimely amended motion for new trial, if fJ.led, and to any order purporting to grant any untimely amended motion for new trial. Tex. R. App. P. 21.4 allows a defendant to amend her motion "within 30 days after the date when the trial court imposes or suspends sentence in open court .... " The I . ·. 0 Defendant was sentenced on November 15,2012. Therefore, the last day to timely file n an amended motion for new trial was December 15,2012. The State objects to any untimely amended motion for new trial, if filed, and to 0 any order purporting to grant any untimely amended motion for new trial. See State v . .B 2 0 Page 65 0 0 0 Moore, 225 S.W.3d 556, 570 (Tex. Crim. App. 2007). 0 PRAYER 0 WHEREFORE, the State prays that the Defendant's Motion for New Trial be denied without a hearing. n 0 ~--ly_WJ Douglas owell, III Assistant District Attorney 0 300 East 26th Street, Suite 310 · Bryan, Texas 77803 0 (979) 361-4320 State Bar Number: 10098100 0 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing State's Opposition u to Defendant's Motion for New Trial was delivered to~ Hennessy, P.O. Box 2536, Brenham, TX 77834 on this the '2--0 day of --t2fc , 2012. D ~. D D [l 0 0 3 0 Page 66 u 12/11/2012 12:1B '379277EH330 t'1ARY HENNESSY PAGE 02/05 NO. 12-03324-CRF-272 STATE OF TEXAS §. § Y$. § § DAVID DU~.o\..~ GREER § BRAZOS COlJ"NTY, By MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGME:vf TO THE HONORABLE Jl.Jl>GE OF SAJD COURT: CO:tvfES 1\0W, David Duane Greer, the Defendant in the above styled and numbered cause, and filc:s this Motion for }.Jew Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 22 of )_ the Texas Rules of Appellate Prucetlure, and in .supporllh~eofwould .show this court the fullovving: r 1. The Defendant was sentenced on November 15, 2012. This Motion, filed v.ithln the thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day after the t sentence, which is January 29, 2012, or this motion is overruled by operation of law. [2]. The verdict in this cause is contrary to the law and the evidence. See Tex. R. App. P. 21.3. 3. The trial_ court has the discretion to grant a new trial in the interests of justice, as the Coun of Criminal Appeals has emphasized: For inore than one hundred and twenty years, our trial judges have had the discretion to grant t ! new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73), the Suprem~ Court, which a~ that time had criminal jurisdiction, held: r . - . The d1~cretion of the District Court, in graritiD.g new trials, is almost the only protection to the citizen against the illegal or oppressive verdicts of prejudictd, careless, or ignorant juries, and we think the District Court should never hesitate to use that discretion whenever the ends of justice have not been attained by those Page 67
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verdicts. State v. Gonzalez, 855 S.W.2d 692 (Tex. Crirn.. App. 1993). I 4. For the foregoing reasom, and for such other reasons that may arise on the hearing of this Motion, Defendant requests a new trial. \VHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside the judgment of conviction entered in this cause and order a new trial on the merits. Respectfully submitted, lviARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-00.30 ,... _... ........ i ~ ~ ~~/lL..----, By: I Mary Hennes ; State Bar No. 09472300 Attorney for David Duane Gree1· CERTIFICATE OF PRESENTME~T By signature above, I hereby certify that a true and correct copy of the above and foregoing has been delivered by facsimile transmission to the Office for the 272nd Judicial District Court of Brazos County, on this day, December 11, 2012. CERTIFICATE OF SERVICE This is to certify that on December 11, 2012, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Texas, by I ~ Page 68
12/11/21312 12:113 S7S277BB30 PAGE !34/135
\ ! facsimile transmission to: 979-361-4368. l J Page 69
I
n I LED ---1o'clockp_M
0 272"n DISTRICT COURT BRAZOS COUNTY, TEXAS Brazos County Courthouse 300 East 26th Street Suite 204, Bryan, Texas 77803 JAN 0 3 2D13
B Tefephone: (979) 361-4220 Travis B. Bryan III Judge Presiding Facsimile: (979) 361-4517 Ernie J. Montoya -Bailiff Lisa Parker-Court Coordinator Connie Rodrigue~-Administrative Secretary Kaetheryne Kyriell - Court RePQrter .o: Denise C. MacKay- Court Reporter December 18, 2012 D 0 MARY HENNESSY DISTRlCT ATTORNEY, BRAZOS COT.JNTY ATTN: DOUG HOWELL; RYAN CALVERT 0 VIA FAX NO. 979-277-0030 VIA FAX NO. (979)361-4368 0 RE: Cause No. 12-03324-CRF-272; State of Texas vs. DAVID DUA.¥E GREER in the 272nd Judicial District Court of Brazos County, Texas Dear Mrs. Hennessy: The Court has received the Motion for New Trial which you filed in the referenced cause. In the Motion, it appears that you are requesting a hearing on the Motion for New Trial. Pursuant to the Local Rules, the 272nd £ourt regqires .Y.9lLt.9_._r~.m~~st a hearing .I?.X. f11i!!g a Setting_R~g11est fgrm~ the DistricLClerk~~Lo_ffi.t.e.. This setting request form gives rrie the necessarY information I need in setting this matter for hearing. This Setting Request form. can be obtained from the County's website at wv.w.brazoscountvtx.gov (go under Courts and then under forms). Please file this Setting Request form at your earliest opportunity. If you have any questions, please do not hesitate to call me. Lisa Parker Court Coordinator 0 Page 70 0 P. D~c. '8. 2012 12:f1GFM) * :: 1) 3-· .. :o• c~uoty 272~<' D .t. Cv"rt D 2) hte/T1me: Dec.13. 20't2 11:59~.M Fi : € :· ~ se th 1Ac, de Re 5 J l : Nr)t SE1t 9522 lli:f'lo ry TX DSTRICT ATTOR~~V F. OK HN~ESSY MARY OK f r !': r r c r 1 Man& JD cr l · r e f:l·l· E. [2] l 6J~Y 5" Nc 3•·swe· E. 4l No fa:sini 1~ ccnn~:: ur ~:..c~e::fc:d ma.x. E~'Tl~Jl !1.<:t: ~ 1~ DlS'I'RlCI' COVJIT IIRAZOS COUNTY, 'l"&XAS. ~c~~ )OtE.ad~~.liaiM:JOI,.BJr)-..'liUSTIA.l l'ttc:pllrroc:j'919JJ6J-n;tl Fc::aiDic (into)Jii-Uf'7 Lin hnw.c.wt c...--. lnitJ.~.a.A;;. c.... a--.-...MM~•r_,._...s.-, ~l:.rftd-o.rt~ DniNC.~-o..n...,.,..,. I>ttembcr ll, 2012 l<lAR Y HENNESSY lliSTRlCT ATTORNEY, BRAZOS COUNTY ATTN; DOUG !lOWElL: RYAN CALVERT VJAFAxNO. 979-:1.77-(lOJD \'JA fAX!'IO. (979) 361-<;J<iS ;Q Rl':: C.... No. 12-03324-0U'-272: S~nte gf7.,... ""DAYID Dt'.4N£ GBEEJ!. m1l!e 172"' Judicial Disuic: Co\Jit ann...., CovutT, T<>:OS Th: Ccu:t hM n:cci¥Cd the MotiCtn !or New Trial ">bic.h )'OU filed .in dtc dcr=cai callSC- hi. 0 zbc r~cm, :1 app:ao.s tha: 1DU are requesrinr D haari.:lg on lhc Motion fur Nc:w Trial. Po.ouant to k l.oooi Rules, th< 2'17"' Collrt requi= you ., reqocst o b:aDng br .!!li!!l; o S.lti:>j; R.eq....., ft=o with the DCaria CleJkl$ office. ThU: PCtting RqCCSt form gM:.s me th:. nec-es:sacy iniarmiJ\icn I DOI:d in s<tlin:' !his ....,.,.f., h.earinJ!. nn. Sdm., Roqu<S1 fonn • .., \lc obt.in«< tn.o th< County'o- ot !!'WW twrz.mmm!vtt.pov {get ondc:rCccms. nd fbca under fa:ansJ .o \ D Page 71 9792770030 MARY HENNESSY PAGE 02/04 02/04/2013 09:35 NO: 12-03324-CRF -272 STATE OF TEXAS § IN THE DISTRICT § vs. § § DAVID DUANE GRF.ER § BRAZOS COUNTY, TEXAS tu;OUEST FOR PREPARATION OF REPORTER•S RECORD AND DESIGNATION oF·MATIEBSTO BE INCLUDED TO THE CLERK AND COURT REPORTER OF SAID COURT: Now comes Da·vid Duane Greer, Defendant in the ahove styled and numbered cause, and requests the court reporter or reporters who made the record in this cause to prepare a reporter's record, and that the testimony included in the reporter's record be in question and answer form. David D~ne Greer designates mat the following matters be included in the reporter's record: 1. Testimony of all 'W-itnesses, heard in and outside tbe jury's presence, including quesrions and objections of counsel and the ruling and remarks of the Court thereon; 2. Voir dire ofjury venire, including objections of counsel and the ruling and remarks of . the Court thereon; 3. Arguments and opening and closing statements of coun~eL including objections of counsel and the ruling and remarks of the Court thereon; 4. All matters heard outside the presence of the jury, including pre-trial, trial and post- trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the CoUI1 thereon; "5. All bills of exception and testimony thereon, including objections of counsel, and the ruling and remarks of the Court thereon; 6. TesLimony taken during sentencing proceedings, including ru:guments and objections of counsel, and the ruling and remarks of the Court thereon; Page 72
132/04/2!H3 0'3:35 97927701330 MARY HENNESSY PAGE 03/04 r } 7. All exhibits offered or introduced into evidence.
WHEREFORE, PREMISES CONSIDERED~ David Duane Greer respectfully prays that this Court grant this request, and order p(eparation of the reporter's record in Lhis case.
Respectfully submitted, MARY HENI\'IESSY P.O. Box 2536 :1' Bren.harn, Tt:Xlli> 77834 1 Tel: (979) 277-0757 Fax: (979) 277-00_30
By:_ _ _ _-1---~------'~-- Mary HerUlessy State Bar No. 09472300 Attorney for David Duane Greer CERTIFICATE OF SERViCE This is to cenify that on February 4, 2013, a true and correct copy ofthe above and foregoing document was served on the District Attorney's Office,_ Brazos County, Brazos, by facsimile transmission to Y7Y-36l-4368.
Page 73
] } NO. 12-03324-CRF -272
STATE OF TEXAS § IN THE DISTRJC § vs. § § DA YID DUANE GREER § BRAZOS COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE .JUDGE OF SAID COURT:
Now comes David Duane Greer, Defendant in the above styled and numbered cause, and give.s this written notice of appeal to the Court of Appeals of the State of Texas from the judgment of conviction and sentence herein rendered against David Duane Greer.
Respectfully submitted, MARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979 277-0030
By=-----~-'--------\--------.,. Mary Henness, State Bar No. 094 72300 Attorney for David Duane Greer
CERTIFICATE OF SERVICE
This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Brazos County, Bra.Zos, by facsimile , transmission to 979-361-4368.
Page 74 I ] NO. 12-03324-CRF -272 ] STATE OF TEXAS § IN THE DISTRJCT C § vs. § § DAVID DUANE GREER § BRAZOS COUNTY, TEXAS REQUEST FOR PREPARATION OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED TO THE CLERK AND COURT REPORTER OF SAID COURT: I Now comes David Duane Greer, Defendant in the above styled and numbered cause, and requests the court reporter or reporters who made the record in this cause to prepare a reporter's record, and that the testimony included in the reporter's record be in question and answer form. David Duane Greer designates that the following matters be included in the reporter's record: l. Testimony of all witnesses, heard in and outside the jury's presence, including questions and o~jections of counsel and the ruling and remarks ofthe Court thereon; 2. Voir dire ofjury venire, including objections of counsel and the ruling and remarks of the Court thereon; 3. Arguments and opening and closing statements of counsel, including objections of counsel and the ruling and remarks of the Court thereon; 4. All matters heard outside the presence of the jury. including pre-trial, trial and post- trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the Court thereon; 5. All bills of exception and testimony thereon, inc! uding objections of counsel, and the ruling and remarks of the Court thereon; 6. Testimony taken during sentencing proceedings, including arguments and objections of counsel, and the ruling and remarks of the Court thereon; Page 75 1 7. All exhibits offered or introduced into evidence. WHEREFORE, PREMISES CONSIDERED, David Duane Greer respectfully prays that this Court b>Tant this request, and order preparation of the reporter's record in this case. Respectfully submitted, MARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 By:·---------r~--------~~------ Mary Hennessy ["~, I State Bar No. 094 72300 i Attorney for David Duane Greer CERTIFICATE OF SERVICE This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile transmission to 979-361-4368.
Page 76
I
:0 ILED /J .......::.c.Joc._o'clock ~M 0 STATE OF' TEXAS NO. 12-03324-CRF-272
§ IN THE DISTRICT COU FEB 1 l Z013 § D vs. § § 272od JUDICIAL DISTR~~~~=~Q~
DAVID DUANE GREER § BRAZOS COUNTY, TEXAS
WRITTEN DESIGNATION SPECIFYING 0 MATTERS FOR INCLUSION IN CLERK'S RECORD
TO THE CLERK OF SAID COURT: D Now comes David Duane Gi:eer. Defendant in the above styled and numbered cause, and
pursuant to Rule 34.5(a)(l2) and 34:5(b), Texas Rules of Appellate Procedure, designates the following matters to be included in the Clerk's Record:
0 1. Complaint;
0 2.
3. Capias;
Affidavit of indigency:
0 4. Correspondence and communication between Court and counsel;
5. All motions and pleadings filed by the slate or the defendant and not otherwise required to be included under Rule 34.5(a), Texas Rules of Appellate Procedure;
6. All orders issued by Court and not otherwise required to be included under Rule
34.5(a). Texas Rules of Appellate Procedure;
7. Jury pane! lists;
D 8. Jury strike lists of the state: the defendant and the Court;
9. Juror information forms; '01 _, ' ] 0. All verdict forms submitted to the jury;
0 11.
12. Sentence;
Commitment;
Page 77 1 13. Motion for New Trial; l 14. Communications between Court and jury; ~· 15. Objections to Court's Charge and Special Requested Jury Instructions, and rulings by j the Court; 16. All exhibits admitted into evidence; 17. All defense exhibits offered into evidence but not received in evidence; 18. Those items identified in Rule 34.5( a)(l) through ( 11 ), Texas Rules of Appellate Procedure, and all other matters required by the Texas Code of Criminal Procedure, or any :l: other law. '.J) Respectfully submitted, ~ ~ MARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 Tel: (979) 277-0757 Fax: (979) 277-0030 By: _ _ _ _-+--ft-1---'----~...-="------ Mary Henne y State Bar No. 09472300 Attorney for David Duane Greer n :] CERTIFICATE OF SERVICE This is to certify that on February 4, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brazos County, Brazos, by facsimile transmission to 979-361-4368.
Page 78
CRIMINAL DOCKET- CAUSE NO.l2-03324-CRF~(..'1L
NAMES OF PARTIES ATTORNEYS KIND OF ACTION I DATE OF FILING THE STATE OF TEXAS COMTE,KARA UNLAWFUL I 07/13/12 POSSESSION vs FIREARM BY FELON I CHARGfNG INSTRUMENT
GREER, DAVID DUANE DEFENSE Indictment tfu \ (:;r CLJ DATE OF ORDERS OFlfHE COURT ORDERS
Month/Day/Year CJ) A 12-PT ~t-- ·l/x ,.... I '7 11 lz_ ~LP \ L LJ-v_f?t_ ~ r~· rz: S&-t _ . 7 -"-/3_o_ArZP--'---_---,-Brr/.-,-3--------------1 G) m B I? lz_ --1/t/;::?--J(;~J_ ~ G~Jo \·hL}us) ta <6 flo II& I !:Lt/ ·!& shill~ -~/z_s--:- CCfJI la-·20/u_~_/_3_ 2·1?Jf-?--~~l~- 5·3/S!t- &.\. q i.;2S 112- I ".L:- (; ZrnJ~~~j -0'tc-r~~.~rd >- (Y1L,;l?~ { : -f-t. r0. SJ-7Jf7<·1 I'D 1·~1 I E {-~,, ~ ( Xh---A -h '-~~ t lt-;'Jl~ c~~ I SitA..k >c~ J.~ ~ ; ·h .tl:0 ·J--R ·~ p~~ ,--tn_})~L~-__:6____ !~-·- r"f , --h-
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I ./. ·k: \\ \:)1\Z- '.t Y .::, "r ~ lh;? 11./V . P- csrz)·)- Order Appointing Attorney Signed (2-tA.lHu1QrY1..0-J-s frt.u_., k~ c::J CJ t:e:J ' (~ CJ c:J 0 CJ 0 Q 0 0 0 · 0 . c:::J c:J c::J ~ ' )____ 1 } ) 3
I 6 l 8 } ) 11
12 State's Exhibit No. 8 ] 13 Photograph
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I 24 1 .. DENISE C.PHILLIPS, CSR ~:--···
OFFICIAL COURT REPORTER } 272ND DISTRICT COURT
D 13
0- 1 2 0 3 8 4 5 0 6 7 D 8 0 9 10 0 11 12 State's Exhibit No. 9 0 13 Photograph o~ 14 15 0 16 D 17 18 0 19 20 0 21 0 22 23 0 24 25 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 u 14 n L.-. 1 2 0 3 4 F ) l. 5 D 6 7 0 8 0 9 10 0 11 u 12 13 State's Exhibit No. 10 Leather jacket D 14 15 D 16 0 17 18 0 19 20 0 21 0 22 23 D 24 25 lJ DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER .o 272ND DISTRICT COURT u 0 15 0·- -:-:.· \ 1 2 fl <-· 3 4 m 5 0 6 7 iJ 8 0 9 10 D 11 12 State's Exhibit No. 11 8 13 Weapon 0 14 15 0 16 D 17 18 D 19 20 0 21 0 22 23 0 24 D~ 25 .. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 D l 1 Lr 2
;n 3
4 11 l_ .• 5 D 6
7 D 8
9 0. 10
0 11
12 State's Exhibit No. 12 0 13 Bullets from weapon
0 14
15 D 16
17 0 18
0 19
20 0 21
0 22
23 D 24
25 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT
.] 1-/ 0 n 1 0 3
4 8 5
D 6 0 8
0 9 0 11
12 State's Exhibit No. 14 0 13 Stipulation
D 14 0 16 o· 17 0 19 u 20 0 22 0 24
0 25
DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT
0 0 STATE OF TEXAS v. DAVID GREER 12-03324-CRF-272 The parties have stipulated that the Defendant in this case is one and the same David Greer that was convicted of the felony offense of Possession of Methamphetamine on the 61h day of November, 1997, in Cause Nuinber 13,603 in the 278 111 District Court of Grimes County, Texas and that the offense date in this case, February 16, 2012, was before the fifth anniversary of the Defendant's release from r~ supervision following his conviction of that felony. LY 0 -""< K_n/ t-v0 .· ~ ~, David t3.Zr - Attorney for the St9 e D 0 0 Atto ey-f~t 0 D 0 ; STATE'S EXHIBIT I~ } BRAZOS COUNTY OFFICE OF THE SHERIFF· l VEHICLE INVENTORY REPORT Time Location (({i··fer (1--H',(::_' Case Number Date offnvenlory .'1 - ( &I J :} '-J/ / : ' "-I 7 /tf~·) -A·f- ~ Ut/JI.fJa.l:.Z : De fen dan t (last, first, m i) DOB Address _,.. . ~::· (,::_f« i! 1--- · /)1/ v<( !) L/ il ]I <I (2-) 7 -lr.; 7171.)~.<//<. (f'i- ( Chargc(s) Disposition of Vehicle l J Arresting Officer/Badge Number j Lf.L{- lnvent?ry Officer/Badge Number 1 Vehicle Year Mak~. 02 ;j Model l2?t.·t·J-;;....e->- Body Style 2d:VC?r Color . /JtY.-v/< 1}/v'-f_ . Year Vehicle Identification Number } ·License Number .'ff/ (Y /).) q State -r~-/' ) . I FT y R 1/.t-1/ t, z Pl! {, 0) I 7 { } Recovered Stolen Vehicle { } Abandoned Vehicle · l { } Prisoner Vehicle { } Seized Vehicle J { } Other (Specify) Vehicle Contents Rcmovec! W)lere Stored ~ Quantity, Description (brand, color, serial number) · YorN .. J I ftah 'v tl//. ~/tt~ IL/ !Jcl.a/7fvck". ( Lv-1'~.4 c I~ I th·c7 "·• . /{ / lr /i ;f~ cl IJ(.~..-c-1#( C.t! e; c:<('/') ) ( {( \ j/ )I ( /3/ic)( !.?hJt<;c ~8 w/1t::r/f5i-kt;; ~ ( . ~ C{ /( )) i 4}/f.;}/u6'/-;( c,·tl? (~'1. v )/ k ~:;. ' ·~/C-?'k? /);_fjla j I' • (I' II JJ[c( ·'· ' : -1/ { I flu( a iJ- JU,Lt;(IJ..ti- ([:t.J_!,,, / .v \ : lr J fJc,C IV/ !};'J/;(~· Rtc-f!/;" !ltt,y:../C.., .{f,- v ((' (I I £,rx~l1 (a;~, tv! l!h/4~· 11.111 .IV jvt U<!;/f(~(~.(. ' (( lr ( I ) J3i'!i'<v t.~tt4.. d11 /f/ I I ;;..{i // j/J l J\ t-Is '. ./(/ i ( I Use reverse stde co ltst addtttolla! colltenls a11d darna 'e Vehicle Owncr's/Drivcrs Signat[Jre STATE'S EXHIBIT \( n ·-·* ···---.-~·- ... ~ ....__ ~. ,,-",,\·~~. ,··•11 ... ". ,' 0- Vehicle Contents Removed Where Stored Quantity 0 Description (brand, color, serial number) Yor N 1 i)uL {"'v ,, c;/;;.;r-;..-<-7 ,{, _, /// lft v ftcl--e 2 ( I ;:::;;./~· (c J) il1li"'_' .-1/;,. 0 1 i v .::.:·N-~ - ~ fuo· /.c't 'f i~ JJj/({_ci: 9~ / ..... d/_ (( l I i lf/1\_'cliii'-'P~ 6vL.. tv! /1/ u J( 0 I . Jet;)(. r;) /'J I / -1/ (( )] ~- )] i ~j}t:- f /;:tt If/A- 4/ 0 I I . L~oc j .L 1·1 (q /v1 zv{f~tz. Jb,7 '' /1/ "{ n / /( JI r l}l/r ,)/!,'_;,; '1- J!J1/L /V 0 i /ittJ ~~v-PI'f hf(/-< (do~~ J V_ li . ) } . (( ' l~cA~ h;<.?llo·c,c../cr'.-~., ) 1 .. A/ 0 t[•,/ff /l~lltr.lf..c, II /Cit.•;u { : . \ -~ ,)y_' :>.:X \{'", I\·'Q\.\. (\'A,". \ f'0 0 ( s;J~.-L-1 \ou.x (,..J /'7:_,<.ol:" r~.z.J\c~ ;\.) ~ ' '\) 1,:) ,(;.•.::r;-1-d ~-'{ !i :~,) 0 G 0 \ Damage to vehicle at time of.invcntory: -0 . ' 0 0 Use additional vehicle forms if necessary 0 0 .o 1 l· 2
5 \ J . 6
1 9 1 ' 10
} 11
12 State's Exhibit No. 16 } 13 Inventory Search Policy 15 ~ u 16
} 19
25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT l l~ BRAZOS COUNTY OFF1CE OF THE SHERIFF
J GENERAL· ORDER: 31
J DISTRIBUTION: . ALL SWORN PATROL DEPUTIES/RESERVE DEPUTIES/CRTh1illAL INVESTIGATORS
SUBJECT: JNVENTORY OF ALL TOWED VEHICLES /POUCY I PROCEDURE I :J REPORT FORM l l PURPOSE
The purpose of this directive is to provide guidelines for the inventory of vehicles. J ll. . POLICY
It shall be the policy of this department to conduct an inventory of the contents of all J motor vehicles that are recovered, seized, impound~ or taken into the custody of the Department. This shall include vehicles ofarrested persons which are towed from the scene of an arrest, regardless ~f where the vehicle is stored. The inventory of J impounded motor vehiCles shall be conducted for the following purposes:
J ; ...
T!!e: ::::-c~ection of the owners property whit~ it remains in police custody; 2. The protection of the Department and it's officers against claims or disputes over lost or stolen property; and 3. The protection of officers from potential danger.
<This inventory procedure may not be used as a pre-text to conduct an exploratory search for incriminating evidence:' The scope of the inventory shall be restricted to those areas of the vehicle which are acyessible to the officers without having to be forced open. Vehicle inventories shall be conducted in accordance with the procedures outlined in this directive. · ill. PROCEDURES
A VEHICLE INVENTORY GUIDELINES
1. The inventory of a vehicle that has been seized> impounded, or taken in custody ofthe Department shall be limit~ to those locations withln the vehicle where items ofvalue could reasonably be stored, including: a. the passenger compartment; b. under the hood; c. inside the tnmk, and d. within containers located inside the vehicle.
D D·. VEHicLE INVENTORY REPORT B.
0 1. Every vehicle inventory shall be documented on a VEHICLE" · .INVENTORY REPORT FORM. \
G 2. The Vehicle Inventory Report shall be attached to the appropriate arrest report (if any) and forwarded to the Records Section. 0 3. All items ofvalue shall be recorded on the Vehicle Inventory Report . .r······"-.. "-··-····-=-=~..;:.;77"-=~-~--~=~,....,....---~___;~~ 4. In most cases, the property should be left inside the impounded D vehicle. It: however, the vehicle canpot be reasonably secured or the property is of such value that the officer does not believe it would be safe to leave it in the vehicle, the property shall be logged into the 0 ~ Property!Eviderice unit for safeke_eping. Any .property removed :froJ.Il . the vehicle shall be noted onthe Vehicle Invento ·-Re ort, indicatin__g w ere 1 was or . ny amage to the vehicle that is noticed at the 0 time ofthe mvenrory shall also be noted on the report. 5. A Vehicle Inventory Report is required whether the vehicle contains 0 any valuable property or not. When there is no property of value to inventozy, the offieer shall indicate ''NONE" in the appropriate· location on the form. D 6. .. The siBJl#Ure of the owner or driver of-the inventoried vehicle should <~>e; obtained on the Vehi.clelnventory Report, when practicable. The 0 signature of the driver of the wrecker towing the vehicle. shall be obtained. 0 DISCOVERY OF EVIDENCE 1. :U: in the course of a vehicle inventory> the officer discovers an item 0 that constitutes. contraband or evidence connected to the commission of a criminal offense, the officer shall seize the evidence and _process 0 2. - it according to the established procedures of this Department. The· discovery of contraband or evidentiary items during a vehicle inventory may provide probable cause to believe that inaccessible 0 _ portions ofthe v~cJe'may contain additional contraband or evidence. .If sq,_ a ~~!i..~t ~b?.JI be Qbtained to search those portions of the vehicle ·'Yhich would not ordinarily be subject to inventozy. 0 3. When contraband or evidentiary items are discovered, the vehicle inventory shall be completed whether a search warrant is obtained to 0 search inaccessible portions of the vehicle or not. ',. . . . •, ~ D 0 l l 1
2 J 3
4 j 5
6 J 7 l 8 l 9 l 11
12 State's Exhibit No .. 17 ~ .J 13 Judgment and Sentence
14 J 1.5
J 16
17 J 18 J 19
20 J 21
~ \ 24
25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
~ ·-.:.• . ..... -
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NO.l3,603 THE STATE OF TEXAS X IN THE 278th JUDICIAL v. X DISTRICT COURT OF DAVID GREER X GRIMES COUNTY, TEXAS JUDGEMENf ON VERDICT OF GUILTY BY IDRY PUNIS~ FIX;ED BY JURY NO PROBATION GRANTED JUDGE PRESIDING: JERRY SANDEL DATE OF JUDGEMENT: NOV 6, 1997 ATTORNEY FOR ATTORNEY FOR THE STATE: KELLY WEEKS THE DEFENDANT: BRENT CAHILL OFFENSE CONVICTED OF: POSSESSION OF METilAMPHETAMINE 4-200 GRAMS HABI1UAL DEGREE: FIRST (25-99) DATE OF OFFENSE: 10-5-SJi9S ~ CHARGING -INSTRUMENT: INDICTMENr PLEA: NOT GUILTY VERDICT: GUILTY PLEA TO ENHANCEMENr: TRUE FINDING: TRUE PUNISHMENT ASSESSED BY: IDRY DATE SENTENCE IMPOSED: 11~97 COSTS: $159.50 PUNISHMENT AND PLACE OF CONFINEMENT: FORTY (40) YEARS CONFINEMENT IN TDCJ-ID DATE TO COMMEN"CE: 11-6-97 TIME CREDITED: 3 DAYS · RES1TIUI10N: $140.00 TO TEXAS DEPARlMENTOFPUBUC SAFETY CONCURRENT UNLESS OTHERWISE SPECIFIED: STATE'S '] EXHIBIT 0 0 ... '•' 0 On the 3RD dey ofNOVEMBER. 1997 the above named and numbered cause was called for trial The parties appeared as fullows: the State ofTexas by her Assistant DiStrict Attorney and the .- Def!:ndant, I?.AVJI:> G~ m~..!l.~~con~~J3-~-~ Both parties announced 0l ready for trial The Defundant, having requested ajury ~-ell1e.red a plea of not guilty to the offense ofPOSSESSION OF METIIAMPHETAMINE 4-200 .GRAMS, a felony committed on the 5TH day of OCTOBER, 1995 as charged in the indictment. herein;_. thereupon; a jwy, to-wit: STEVEN KEATING, . mxi eleven others, having been duly selected, impaneled, and sworn, who having heard 0 ;~ the indictment read, and the Defendant's plea thereto, and havirig heard the eVidence submitted, and having been duly dwged by the Court, retired in the charge of the proper officer to consider their verdict. and afterwards were brought into open court by the proper officer, the Defendant and his counsel being present and in due form of law returned into open court the following verdict, which 0 was received by the court. and is here and now entered on the minutes of the court. to-wit: "We, the jwy, find the defendant, DAV1D GREER, guilty of POSSESSION OF METIIAMPHETAMINE 4-200 GRAMS." 0 .. /S/ STEYEN KEATING FOREMAN OF THE JURY o::: Thereupon, the Def\.'1ldant having elected to have his punishment. assessed by a jwy, and such jury was called back into the box and heard evidence relative to the question of punishment and thereafter retired in the charge of the proper officer to consider their verdict, and afterwards were brought into open court by the proper officer, tlie Defendant and his counsel being present, and in 0 .. due form of law returned the following verdict: We, thejwy, having found the defendant, David Greer, guilty ofthe offense of Possession of Methamphetamine 4- 200 grams further find that the allegations in Paragraph II of the indictment with respect to the defendant being the same person D who had been convicted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the I 8th day of April, I 984 and priorto the commission of the offense ofPossession ofMethamphctaminc 4 - 200 grams, for which defendant has been convicted in this case is "True". Furthermore, 0 we find that the allegations in Paragraph Ill ofthc indictment with respect to the defendant being the same person who had been convicted of Theft $750.00 - $20,000.00 in cause number 17,175-85 in the 85th Judicial District Court of Brazos o: County, Texas on the lOth day of June, 1987 after the defendant's .conviction for Burglary of a Habitation mentioned above was final prior to the conunission of the offense of Possession ofMetharnphetamine 4- 200 grams for which the dcli:ndant has been convicted in this case is "True". We assess defendant's punishment at confinement in the Texas Department of<:;rimina! Justice -lnstilutional Division for 0 a term ofFORTY (40) years. IS! STEVEN KEATING FOREMAN OF THE JURY Vol Pgd::b 0., 32.. 0 ~j ~''-~----~----· -c·. ....;.·_.:.__ _;__ _:_--'--"--'-------'---_,_,_---·~·__;__ _.:..._.;..___;__ _ 0- D 0 ..... ·~a 0 It is therefore ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant, DAVID GREER, is GUILTY of the offense ofPOSSESSION OF . METIIAMPHETAMINE 4 - 200 GRAMS and said Defendant committed the offense on the sm 0 day of OCTOBER, 1995, and further that the allegations in Paragraph II ofthe indictment with respect to the defendant being the same person who had been conViCted of Burglary of a Habitation in Cause Number 15,341 in the 85th Judicial District Court of Brazos County, Texas on the-18~ day of April, 1984 and prior to the commiSsion of the offense of Possession of 0 Methamphetamine 4 - 200 grams.,· for which defendant has been convicted in this case is "True". Furthermore, we find that the allegations in Paragraph m Ofthe inqictment with respect to the defendant being the same person who.had been convicted ofTheft $750.00- S2o;ooo.oo in cause number 17,175-85 in the 8:Sth Judicial District Court ofBrazos.County, Texas on the lOth day of June. 1987 after the defendant's conviction for Burglary of a Habitation mentiOned al?ove was D final prior to the commission of the offense of· PoSsession ofMethamphetamiile 4 • 200 grams for which the defendant has been convicted in this case is "True": Piuiishment has been set at confinement in the Institutional Division of the Texas Department of Criminal JuStice fur a period 0 of FORTY (40) YEARS. The Defendant, being asked by the Court if sufficient legal reason existed why the sentence of this Court shoUld not be pronounced, failed to give such rea5on, whereupon the Court proceeded in the presence of said Defeixlantand his Attorney to pronounce sentence. 0 It is the order of this Court that the Defendant, DAVID GREER, who has been adjudged GUILTY of the offense ofPOSSESSION OF METHAMPHETAMINE 4-200 GRAMS, be, and is hereby, sentenced to confinement in the Institutional Division of the Texas Depa.rtJrielit of 0 Criminal Justice for FORTY (40) YEARS and that the Defendant be immediately taken by the Sheriff of GRIMES County, Texas and by him safely conveyed-and delivered to the Institutional Division of the Texas Department of Criminal Justice there to be coD.fined in the manner and for the term aforesaid. D The Defendant is remanded to the custody of the GRIMES County Sheriffuntil the Sheriff can obey the directions of this senteocc:. 0 0 APPEAL: __~~~-·----- 0 0 Vol 22z.. Pg J..-:3.':2. D [J 0-· 0 \ 8 0 N0.13,603 THE STATE OF TEXAS X IN TIIE DISTRICf COURT OF vs. X GRIMES COUNlY, TEXAS DAVID GREER X 278TII DISTRICf COURT CHARGE OF THE COURI LADIES AND GENTLEMEN OF THE JURY: The defendant, DAVII> GREER, stands .charged by. indictment with the offense of o~. i intentionally and knowingly possessing, with intent to deliver, a controlled substance, namely " methamphetamine, in an amount of at least 4 grams but less than 200 grams, by aggregate weight, including adulterants and dilutants, alleged to have been committed on or about· the 5th day of October, 1995 in Grimes County, Texas. The dc;fendant has pleaded not guilty. I. Our law provides that a person commits an offense if he intentionally or knowingly possesses, with intent to deliver, a controlled substance. Methamphetamine is a controlled substance. You arc instructed that by the term "possession", as used herein, is meant the actual care, custody, control, or management of the controlled substance at the time in question. . A person commits an offense only if he voluntarily engages in conduct, including an act, an : o!I)ission; ~- p~ssession. With ~csp:ect to the "possession" charged, you are instructed that such possession is a volun~ i<;l ifthc·_;>Ossessor knowingly obtains or receives the thing possessed or is aware of his contro~-.of the-thing:for a sufficient time to terminate his control. Such possession need not be Vol M Pg66<Z 'j :, ·! ..~ .~ ~ . .J ~------------------------------------ 0 0 0 D 0 0 0 0 0 0 0 0 0 .. ' ' 0 u 0 0 0 n 21 0 1 2 0 3 4 0 5 0 6 7 0 8 u 9 10 0 11 12 State's Exhibit No. 18 0 13 Pen pack 0 14 15 0 16 17 0 18 0 19 20 0 21 0 22 23 0 24 25 0 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 n--. AFFIDAVIT 0 THE STATE OF TEXAS COUNTY OF WALKER ::> B "My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this aftidavit, and personally acquainted with the facts herein stated. [l I am employed as the Chairman of Classification and Records for the Texas Department of Criminal Justice- Correctional Institutions Division, and my office is located in Huntsville, Texas. I clo hereby certify that the attached information provided on inmate GREER, DAVE 0 TDCJ/BPP# 454082 ,cause# 1717585, are true and correct copies of the original records now on file in my office maintained in the regular course of business within the <:;:lassification and Records Onice of the Texas Department ofCI·iminal Justice- Correctional Institutions Division. 0 In witness whereof, I have hereto set my hand this the 4th day of September 2012. 0 nh / ...,....; :..: ....... t_. (J__ t_. __ ,(- (_~) Kelly Enloe, 0 Chairman Classification and Records 0 0 0 ' The director shall certify under the seal of the CorTectionallnstitutions Division the documents received 0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under this subsection is sel [-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal Evidence. 0 Article 42.09, Subsection 8(b), as amended by S. B. I067, Acts 1993, 73d leg. 0 (Rev.l2/02) 0 0 a~; STATE'S EXHIBIT ... ~ IC6 0~ • -- • (:;\ .. . ... - ~ \ ~ ~ \ I ·' ~ .. ....... __ ... _;_ ...- --._1 ·.o F l•L?. D I Al&:..!:Wit'doel~.. NO. 17 I 175-8~ ...·: JUN 101987 .J11l)QSDrT 011 PUA Of Ctllt.TY 01. ltOLO ~U UPOU COUJ:T ll.UVEt or JtJU nUL Ju.q. P-rodd1q: !f.t. fKP<wtldc.. Jc, Dete of JUd(!!Utl .Utot"MJ AttG(Coe7 1,_ Sftees .}•Uny ~· Ctuy for Deftnd•nt: John fucball on...- O.U OffeAH ~tttc.d: o,etober 12, 1996 ] fo •.l ~t !lf ~•tttut1?!fl8p«rr:!oal J J /i ...'\. CF C..'UILTY 0- 7H!: STAtt OP' Ti.::U.S IN JUN! 01987 =?wl~Nni-Sa?.Y.IffiJ>F 'JS r. -~~.' 0 eSTif .Jt.rtiCIAL OIS1.RICT fJ Th.e !)et(l!l~nt l~vln9 been indi-:~eod in t~ ~l:>ove bored c••1ae for tha !olor.y of!enao of tbdt S7.}Q··S2D,ooo entl.tlod· and ·own- and 0 •.h.~a e.tuae b~.-l'l'J thia da~.e called f?r trial. the 5tA:te ap~ared by its 0 o~~:.::!:.::f:.:;;ll:....--------~------ and the O.far.dA.nt. _ _ appo•re-::.1 in per a.o n an<! by oo ur"lol . _ _.xJ_..@~n.._.P_,!Ia.:!z..-a.lrh....,e....l_,.l~-----------. And both ~rtloa 4~nou~c~ roody for ~rlal. The &ofandant, havin9 waived th~ r1'J}'.t ot u·1al b-Y )ury l.n p.erG.Ol\ an<! 111 wr1t1nq 1n open Court ( .. ueh wa1vcu- bo1n1'J v1t. the conHnt a.rtd Approval o! tb-e Court and ~ entered o~ record 0 on t~ :ur.·.n.o• .ot.n.d oppn>val oi a~ t.h• Court, an<! aueh waiver b4a1nq with tt-...e writ ton conactnt t.be A.auatant/01Gtrict Attor~y and filed ill the. pap.trD ot thlll c:a.ee) •. '-'&~ a.rr.ta1~~ .otn-:1. 1n opon Court, plo:-ad CJUtlty to t~o 0 e•har~ oont.oineod 111 t~ 1rxilct-nt. Thereupon, the De.fondant waa tty tho Co..~~t of tho rG..-.q-o ~t pU111elu!>ont attachc.d to the ottonae and ot adl:lor.lah~r! 0 0 1n ontortr-.q tho ple.a1 ·tho Court tnqu-lrod 1t there waa a ploo. a9roe~:oent t>.t tw.o-en • ._. Stat• Q.nd tl\.e Dcfo"<iant. Tho Court into~ th11 O.te.ndant 0 would :>. t>o!e~r.t ~:.--n1tt~ H ti">a to •1thd.uov hl• p!~a he<Jr~~ w-oul-:1 •l-Ot t>. adai•ribl~ .tl'nd chat any a~o.telD'tnt A<i•1r.at the O.!endant made by th(' 0 rx-r '*'Ould tho tact contendere b-o ld:tl11Uiblo a1.ain1t t..'~~t t.~e D<tfqn·.~·'·r.t ~,1101 41'ntared a plea in :any aub-'l~uent ot guilty or nolo cri~in .. l proceeding; And ! t plainly a~arinq t.o th-o Co•!rt. tta-t th~ C.fer.>~nt· vo.11 mentally 0 co=petent at\<2 that th,; plea D1t!'~·~.nt h.avl:lq con~•nted w~a !reelr a·'d -viJlUl\tat'ily 4nt:orad, ar.d the in ..,.rit1nq, in c:p.tn court:, to va1ve the 0 OP93Arance. con!rontation. ar.d croaa-exa4!nation of con&urnt~ to th-o atipula tior. ot evidence •nd to th• v1tn•~••• intr~uetlcn and h3vin~ o! 0 t~at:~ny by a!t1d4v1ta, ~OCW>Ctnt:~:-y ev1denc~t. •ritten sto.t~nta of witneaaea, and any other a.r.d auch waiver and c:oniSent having been approved 0 0 0 D - JURY WhiVED - PENI~~y ~0/0R rrNc 0 ~'-'! ·,· ., the Court in wri tin<; and filed in th'! p4pera of thia ~··~•~, the plea -,( tlwt Oe!etld.&nt vaa receiv.d. &n.;i 1• ~:t• ~ otntered of record upon the 0 ~'~utaa. '"·t ax~ ~ Tbe Court furtber taforz44 ~ Deftndaftt that if the Court did plea r~nd&tion aad4 by the &tate. and •9r.,ed to by 0 tll<t C.feadant, •·:qJreaa appron.l by tM Court the IM!eft4&nt '-'Oul4 not. be alloweG to "PP4d vahout ·~t ft!r thoH .at:ters raiaod by written ·tin!) tiled prior to t.rial. 11\e COurt, he&rin9 the indt:::t~nt, thtt 0 :n~l. to'IID4 the l)f!f.sod:ti\t gutlt:y o! t:!M ottenae •• c:harqed p; the 0 : .. 4u:U~e~Dt ... ~~~t at ~U t7SG-J20.oOO coati~t in tlwr filula OepartJMnt of Corrc.-.:t .ona .~.,..,,! ~~~nuod or un "' 0 r • uma -;·-ted b)' tM ~. M' ll ~ coeqzoa.co, ~. IINUPCOC UO Ot.eJtz:r:O n;• '•.~:.• C"urt u t ~.u . , cbar~ 1a tbe O.feod4&at 1a ptley ot tM otfe-ftM of t.be la41~t. • t•l~y. aDd ~t \b_-&t 1750-UQ• ooo__ . __ _ the O.feftdant co~J~~~~ : ~o ott~ oa Ad t · u .• U ..H.-• and that ·tM Odendant "·: :--111Md by ooefi...._.t 1• ?;be 'hua OGptart:aaa·t of COrfe-ction• for .a .·r-A ot un ttl ~ AM t.hat the St:Ot.e c-t 'feQa 6o luv«7 •r·d 0 'j ~ co.,.,. ot l l ........ ~ Def..,._t all ooeu C'f tJ\4 p~.cution, tor .which ex.,cut 1on 0 to -Y "*'1 ~&'~ tM Del~t .-teaco a:bocal4 ••• au.d by t.be Court whether bo had anyth1n9 not be prooo~ aga1Mt bU!, a.n4 ho .1na~o-cr«d r.<>thl"f l~ b4ll' t.huHOt. the OXU't p~, ita the presence 0 tlhereupoA ·, ~ tM O.twn4Ant, to ~ ae.no~ &9&1nat the Dofenodant aa .t'ollolofa, • : t h ~ order ot ~ ~t thAt the Defeft4ant. DAYI gam 0 • who "-8 bHQ a4j~ to be tuUtr ot the oftcnn 0 :c:- a tena ot Uu,.{...,.,.l_ _ _ _ _ year~ be delivered by the !:".c:rUf of ara~roe COaaty, ~. 1...-diatc~ly to the Dir.ctor of Corr.ct..i.ona, 0 .:;r otMr per.OQ l~lly :vnd&nt ahall be confined 1n the aathoriz.-4 to re<:ei.,. auc:b c:onvicta, De~rta9nt an~S that tM of Corroctiona for a term of 0 tl•t ljl_ _______ year• in accor~nee with the p~iaiona of the law 0 0 0 0 ·~t_ - JURY WAIVED - ~£NIT~~~ ANO/OR FINE . . ~· d-efendant vas rem.llnded. t.o jeil un;il tho Sl'lorit! can obey 0 th• direoct1onl! of thia '!he deten.:iant aer.t~•lCC. ' rtt<:eive crr..-dit on h!..s 118ntence for the timC?·· r~hal:!. ~:-:,e. IJ(). 10'1;; j-ft)-~ ~nt in )a~l 1n the ~bo~ atylod and n\.UIIborcd cause from 11... /2 ·14;z . ~-KJ-Y1 for a total of to LiE - ,;1.1)- " ' __ 1#0 da.ya cr~!t. Tho Sho~tr1t! of Br•zoa 'County, <rexaa, 0 D. _..\_~_ d<~y ot ~ 0 0 D 0 0 0 0 ( 0 0 u 0 D 0 [J.- ..a-='•~L=$~#~DBZ~~----------------- ~--------------------------- ~~------------------ 8 0 [J 0 0 0 i.ii'Y._ [1 -. , [~ [] '! .0 0 '0 ~~~~--~u~·~~~-----------~From, _____ ~ ____oo_·_.__________ 0 -./ SGNilla ___5yrs _ _• _ _ _ _ _ _ _ S..ltef.ce &egma ..---3-_l_o-a7 Rslumed J!_ lllml lR EIIIIUai 00. liB' ~. ltllf ____________ AS 408765 IS a::JC. ArceurrJ:l2-87 0., Ago 20-eEi ,_... lla:Ml Eyee Brownlieight 5-9 Weight _166 __ D ~ian Jl1r:1dy Dale of Bitth 12- 22"-66 Pface of BitthBr.ll%os ():) TJc RoJittenc:o lltyaD 'rX ~_- Nationafity_ _ _ ____________ D Scan & ~t wUQXlD up:- lft:sd b8C:k,.opt"DCZlr top 1ft lhl.dr, [] 0 Ill""'" 0 22 0- 1 2 0 3 4 B 5 u 6 7 0 8 D 9 10 0 11 12 State's Exhibit No. 19 0 13 Pen pack 0 14 15 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER Q 272ND DISTRICT COURT 0 n .. ("l ll· _J·'· AFFIDAVIT D THE STATE OF TEXAS 3 COUNTY OF WALKER 3 B "My name is Kelly Enloe, I am over twenty-one years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. D I am employed as the Chairman of Classification and Records for the Texas Department of Criminal Justice- Correctional Jnstihttions Division, and my office is located in Huntsville, Texas. I do hereby certify that the attached information provided on inmate GREER DAVE 0 TDCJ/BPP# 408765 ,cause# 15269, 15341, are true and con·ect copies of the original records now on file in my office maintained in the regular course of business within. the Classification and Records Office of the Texas Department of Criminal Justice- Correctional Institutions Division. 0 In witness whereof, I have heret0 set my hand this the 4th day of September 2012. 0 nh Kelly Enloe, 0 Chairman Classification and Records D D 0 The cl irector shall certify under the seal of' the Correctional Institutions Division the documents received 0 under Subsections (a) and (c) of Article 42.09 Code of Criminal Procedure. A document certified under this subsection is self-authenticated for the purpose of Rules 90 I and 902, Texas Rules of Criminal Evidence. D Article 42.09, Subsection 8(b), as amended by S. B. I 067, Acts 1993, 73d leg. 0 (Rev.l2/02) 0 0 m "' Ill STATE'S EXHIBIT ~ I~. 0 :i1 "'"-ffi .0 B \~ 0 ~~- . ' - ~· 0 '-" ~ 0 ~ 0 0 0' 0 0 0 L _j ~ D tlO. 15,269 .,I 'mE :;TATE UF TEXI'.S I } IN 'l'llt:: .J vs. DRI\ZOS ·:ell, DA"E GREER ~5TH/~ JUD!CII\L DISTRICT -o The defen~ant :_'1_1! O_G_M_F._~:_T_r._:_·71::!!_. f'_i,_F_r~_n_R! NG_•_1\_D;;..l_::Uc.=D:..:I:.. :C:.. ;f,:.:.•'l'.:...::.I.;:0_}1 havln~ ~~~n 1n11cte~ in the above ncmbcred and entitled . cau5e for the felon] offP.nsc of___ --'0-=-'-------- But:'tlarv of a Habitation ==_.:..;;::..;,_______ D ancl this th~ cau~e 3tatc arpcnrcct by its bcin~ called for trint on ---~-u_,g:..u_s_._t_2_2______ , 19 ~-4-, /\n~JnLnnt/01otr1ct 1\ttornc~, J. o. Langley 0 - - - - - - - - - - ' ana the Cefendant , ___n_a_v_e_ Greer a ppe ;, red in person 'ltld by <::au nse 1, _____T_r_a_v_i_s__B_._B_r.:.y_a_n_:_,_I_.r_r______ , .;_ nd ---' ~, th oa _ ~ 1 e ~ anno~ncer.! r~·<ldy The d•J fend an~, ha v 1.-11. wal vcd the 0 fo1· I. rt nl. :-io:l--t of tr!al by Jury 1:1 pcr:;on ""d· in wr1tini_~ 1n open court (::uch wa!vcr br\~~ witl1 the conncrL ~nd ~rrro~al of the Court nn~ now entered 0 of record on the minutes of the Court, and such written consent anJ apprcvnl nf the D13trict AtL~r,cv ~aiver u~d being wit~ filed in the th~ or D ;: .pers the char~e this case), wa::; arrni.;n!!:l ar.d, ln Lonta1ncd in the indlcLmcnt. Thereupon, op.~n court, plead guilt;! to L~c dcrcnda •t wa:; .1dmonif>h::?d by t.h~ Court ·)f t.hr. r;:~nr.c of puni:;hrncnt .:Jtt.;c:hr.·J to t~hc orrcn:;c 0 0 in ~rtering was mentally the plea. CO"'PC~~nt It further aprParcd to and t:ll~!. the }"llC'l w;:~;; t~c vo:untarll.v Court that the defendant cn~;;rccJ. The ~efrnd~nt then can~cntcd In writinG in open Court to w~iv~ the ;Jppccrancc, 0 r:onf:-ont,:ti-:ln il!"ld cross-~x;:-ni niJ~.l.o•\ of witn<:?sr.e:-. ar.d C(,nsente<l l.l the The State then introduced f'Vioence .;11bsta:1t i~:t.j nr~ t.hr. clt'fr.nrl:lnt ':; ·1"".1111! .. flrt. 112.12 Sec. 3cJ. r·,rt.h-;r .-0"'~·1 that the hcr.t interest. oi society c.nd ~hr. d~fcndnnt would ~e served hy dcrc:rrin~ further ~roccr.din~:;. There- [] r.1cn e>f !:h,. t!::"f~:ld:lnt. ~n p:"ohnt.ion for ' _.l_~.!LJ..!..Ql __year5. 0 f\lc:d 0:1 <1 ~~c-tl-:-n 4th . to p:-or;cc:-!.J".n of --·------!"::~b<;!r. ______ , 19_~-~--- th~? State r~nill :l<IJ udication in this case. 0 0(· of ' .. , ''l,~llr.'!'lltfl D ~ D I fi ~ D- D fln t hi~ t he .: tn D•:Ccntlant ;.~ppc:al'Cu jn open Cot:r: tl:l)' nr t<ov.cml':'·er with his ;,ttorncy, , J!'~, the Travif!~~ Bryan, I'II 'I l I l who wcs illso i>t"Cscrot ond the Stntc .:~ppc;ll'Otl rcpros·cntc<1. by its Assist~~t/Di5trict ~ttorncy, Laurie A. -Hubbell This C•)llt"t, ;J(tcr hovinl! hc:.r-:l the State's H'ltion to Atljudicutc .und hcurinl: D cvidcn~o DcfcnJ~nt o!fcr~ri violiltcrl by ~oth p3rtics, is of the opinion and finds that the the conditions of ~robaticn imposed upon him ilS follows, D In that tho da!ondont, DAV~ GR~ER, on Janu~ry· 2~, 1985, did then a~d there D i;1 Brazos Co'-lnty, Taxa!>, in!.cntion-~lly und knowingly enter the llcll.day., Inn in Coll~ga StAtion, ~ithout th~ con~cnt o( the owner ~nd waa there-ore arre5tod !6~ criminol tres~o~s: D In that. the tlefend~Snt, ~'>Vt: GP.r:En. on November 14, 1~84, and Febt:u'ary 27, 19e5, did lhen and thcr~ iro~cst an ill~gal substance, tc-wit: In that the ma~ij~anu; def~ndant, DAV[ G~~~R. en April 4, 1985, ~ay 22, 19~S,·June 5, 1?;95 . ..,nd Au<J\!St 21. l'JB!:I. d::l i·h·.~;'l .H>cl th"!t·c ur.;e a con~.: .. \lcd !;ubstdnce, to-w1t: methAmphetnrnin~~: In that the cle!enc.1nt., or,vr: GR~E!l, on July 9, 190':., did then and there use a controlled substance, to-wit: rHet.h.Yr.•phet<1mines: D In that, th~ dc!,.:1dl!int DJ\Vl: c.nsr:n, un Septerr.t;:_or 3, 1985, did th•· .. ,•r.d ther~ acl,.it to his probation o!'!icer, Gloria r!cGo~:en, th·~-1: he, the se~id do!~nd~nt, had been aasociatinry with harmful and clisreput~blc character~; !n ~hat tho dGfendant, CA~E GREER, has failed to m~intain suitable'and 0 stable employment: ln that the deftttH.lant, 0.\V!: crt:ER, on llovc"'bcr 14, 1984, and June s, 1985, did then and there admit to his probation officer, Glorio :lcGow~n, tlil!"1:. ha, the saitl ..defendant, hi!d left Br"·azoo County, Ttn{a~e, \~i':hout the D written consent o! the Court; In thllt the de!endJJnt, 01\.Vl: GPEEI1, faii'ed to p<1y probation fc":s f.or the month:~ of .:·..::-:..:, .7<:!y, .1\U'J\l:.:t, Scpt~l~bcr, 11nc:.J October of 1985; 0 In thllt the dercndant., OAVC ~R~EP., !ailed to 31, 1994, and August 7, 1905: ancL k~ep his curfew on October ln that tho defendl!nt, OAV~ GRCER, failed to part.icipate in drug abuGe D counseling .. \ D D 0 0 D ..... ~ J .. 0 1-. J The Coul"t, hearing th'l Defcndont'3 pleo. ther,~to, the ;JVide,l~O submitted, (J:'Id the OITf,'J"'cnts of counsel, found the Defend:.nt i:Uilty of the offcn3e of J Bur]lary of o Habitation a~ ch~rged in the i~dictment _,nd .1ss-:-s~crl the puni ~h~cnt :n: confiner.•en\: in t'tc Texas Department of J C:orrcc! tons for ;) tcr~ o( f i·;e !·5) yc:~rs. :T IS fll[REFOP~ CONS!DERE), ~RDERfD, ADJUDGED AND_DECR~ED by the Court til.:Jt the Dcfcr.uar.t <:O"-"'Lttc<l the offense on ----December 28 J !~_a]__ • .JnJ th:Jt the· Dcfcnd:tnt ll-:: puni!\hed br confinement in the Tcxns ilcp:..rtmcnt of Correct ior:s for a term of l'lve (5) years anu that the ~ ) St-•tc or' lc-~:~.> tlo h.:Jn.· .1ntl recover of the D<:fcndont all cost~ o!' the ~ rc-"';;,..;eJ tc ;:Jii to !he flcfend:~nt ~ ..·.•it chc further o:-dcrs of the ·_ourt. sho:l rct:CI\'e crctlit on his sentence tor the time srcnt ~ :n ;;;il in 1'11: .,bove "t)dec.l ,nJ numbered c;~usc from the lf:>th day of • J J_£, to the __1..!!_~}!___ u.Jy o{ _,_,lj)j,j.O,ui;J;'4ut-'>'--'- - - - - - - - , l ~-_-_k:::_ , f0T ;) t 0 I ,1 1 0 ( days ] t.:;, 3'-11 '" go;- -h.,. TJ,o;; fr; (}_ • .._ .-f; ,19<(S, ~ •·•ADD!T!OSAL CRf:D!T .'-.'9-5.;. TO .!.-18-8~ 85IH __ Judicial District ~ firazos County, Tcxa~ ~ SOTICE Of APPEAL W~S ~0~ PERFECTED. I / I ,··. I ... I I.. ,_.I. •. . • . ..... D. BLlRLEY, DJST!IifTC1::1:py---- EH/·.ZOS COV~:'i', BR't"1~:, T:·;.:,-,s ~ BY: .., \ . -: . i:. ·.·' ·; ~ ... ' TilE 5ThTE Or TJ::JUIS !N Till-: 85th -·--·- 0 On ·the: ORDCR Rt:VOK l HC:: lBt.h d~y of ~r i1 . , 1? S4 , t ,· ~· ~ ·, -' . d_u,!_Y and lcrqdly c::onviclct.l-(nrlc o[ (cnac or 8~.1~!-.~ d ,- on _·:_. , .· in U><: ..;l>ov~ cntlll~d;.o.!:"l """''l.iC-r:cJ c.su•c nnpp_~.~nfi'limcttt 0 .... u i•.oaa.ed oE ~ 0 (lO) . .Y,?.~.'i\!.1.~ c~n(ii\OIIOCnt in tho :lToxoa Dol..:v-t...:nt. ot Cora:ee~onal' ll'X~~ nnd thn {"'f>O.,_ltion ot tho aont.otk:O - • auapcri:d<ctJ durl"'.' Ll..:: <,l00<1.'i>cl'i'aV:h>t: nr thu ,r~t'onl'tnnt: .ond tho 6oCoMant ..,.,. placed on l"roh.~tion ~or a porlo.l nr __ _!!;!_{!~- ycnr~t/ mno.. 0 On the lOth "'"'Y of ~to!;>:er • 1? · 85 PtOtion to POvoke th<: prol:><aticii1fj'rontcd t.'fl()Ocrcndliilt-.- • ttu: Stoto tiled o On thia 4th day o! No:ver:m.r • 1? app<Uirod l.r1 opon Court in pcr.aon, :lua··aEEor.ney. _,._-..:_-;..f,'£:I:!::...{'.._'r'-::;..,;;~~;;,;,_.:r;i:-.:== ai»<> boinq pr:.tMnt and. the Slotc op~·ar.cid llY her . . . . . IM tho Covrt, after Mvinq hc.:ard a~ eonaidor"d t~. to' a . to vr-~tion .. nd heerin9 the c~·id<m<:o otCcrcd by both tho Stotc ond' tho 1>0 . t,o Court La ot t~ opinlc:m "'"d rind• Aa D r.'ict t;hl!t: lho uarcndont violated 0 t~ tcrfiiJI ~Nd e<>n4n:to":o or htli prnb.1tion .~,. follow:-~, In wit:: l.n that the detend4nt, DAVE GRr.r~. <'Jn Janua::y 2.7, 1985., did then and there in Brazoa County, Te.luas. intent'io.ndly and knovin9lY enter thfit Holiday Inn 1ri COll~tq• Station, vithout the ci>n-n~ .of tho owner and waa ~herotoro 0 arrested for erlain4l troapeas1 In tMt the defendant, MY£ _CRZ:ER, on Hovembor 14, 1984, and Pebru'ary 27, 198~,did t.ho.n and thero inqoD\: An illoqal IIUblltAnca, to-witl mari1.uanaJ 0 ln that t.ho defond4nt, OAV&. Cltl:Y.R, On April 4, .1985., K«y 22, 1965, June 5, 19$5, and ~t 21, 1-915, did then a~ thoro use a controlled aubatanco, to-itJ -~tuaines: ln that the defendant. DAVE GREER, on July 9, 1985, did thon and there 0 oontrollod •ubat.n<:o, to-wit' lll~thar:tphcttnminoa; u.a4l • lD tn.t. tbe do!t~nd&nt OAVl: GREER, on Sopte!!U>ctr 3, 1985., did then and tlMra ~t to his prob-ation otricer, Gloria McGowen, that ho, tho said 0 dofend&nt, had boon aaaociatinq vith hartlt'ul and disreputable characterlf 1 In that tho defendant, DAVE GREER. h.u !~tile-d to maintilin auit~ble ;and atablo eftPloy=ontl 0 In \:Mt the doteod.ant, "».VE GREER, on lk>vembctr H, 1984, and June 5 1'_15, did then and there ~•it to hia probation officer, Gloria t~en ~ M, vritt.en tM ~id d•f•ndant. had left Bra:z:oa county. Texaa, \fithout tn~' cons.an~: l"lf the Court; · u In that the defendant, DAVE GREER, failed to p~y prob~t1on tees for aontha of Jun•, .July, Au<JU•t, Sept~U:ber, 4nd Oct<>ber of 1985; ln tMt the de.fend«nt, DAVE GREER, failed to keep his cur.few on Octo~r the 31, 1984, and Augu•t 7, 1985; and, 0 In that the defendant, DAVE GREER counsel inq. ' failed to participate in drrtn 4buae -., 0 . - 0 0 0 0 IT IS THEREFORE ORD~RED, ~DJUOGEO ~NO DECREED by the Court, that the order suspending the i!llpOsition of the sen~cnce ~ and pl·a.cinq the Dc- fen<hnt on probation, heretofore entere-d in th1s so~ud cause be, and the same ia hereby re¥Oked. TheCourt further finds th.:lt the best lnterest of society and the D<tfendant wi.ll b4! aerved by h•pri.••:mi'\Cint in 'the (Texa.a Ooparl;.n,tent of. Cor- r~tions) :OUX"'fXUMKqU¥1l.l and tt\urc!ore th': (llllt'li~~!XP'V'~)t~Y.XJ'"dlA'h:t UX (redu.c.-d ~iti~~t;;!)-~5.(~.,) ·teac-e/dl!,J:C in the (Tex.s ~pa_rtment of Corrctetionel (Q~~.:..s. .... ,...,by ordered to b4 aerved. O:C THIS the -'t.h day ot November , 19 85 , the State appeared by·her Aaaiat~iatrict ~Etornoy, and tho Def•naonr-appeared in open Court in p<~rson, his attorney als.o beT."'g ·present, .fOr the purpoae of h.avin~ aentenC<~~ pronounced in accordance with the judgJMrn.t heroin renderllild and thereupon the said defendant waa asked by the Court ~hather the D•fendant had any legal rea.an to say ~y aent.,nco should not bit pronouhced1 and the Defendant an~red nothing in b~r thereo!, ~ereupon the Court proceeded, in tho prCll¢nco Of th1J Dofen<J~nt, to pronounce SCntcncc:t All follows: ] --~• dolivorod by the Sherif!o.f Br~%oe County, Texaa, to the warden Of the Toxaa ~~rt.-nt of Corroctiona,_ or .other piir11ona htqally authorized t.o receiv. auch convict•. and t.hat aaid .Oofo.ndant. eh~ll:l be confined in aaid Texu O.~rt-nt of Corro<:.tiona for ~~~-xKMX~ ~~~~~~~~~~~~[ ~Y~o~~~ct.Y~~!~, · in acc·ordancc ;;;nh ·the lawa lt ia further Ordered, ~djudgod and Decreed by the Court that tho l)ofttndant Ph.all p.ay r1ntitution or reparation in the a~unt of $ p.ayabl~ to th-e llra-zoa County Mult Probation Oepartii'>Ont !or the ~E>e=n~e="lf~"'i~t:::- of , tho victi~ ot ~ha prisionera cri~e, •• a cc~1t1on ol hu; parole 1.n accvrd(lnc!! with Art. 42 •.12 Sec. [15] (q). Th« Defendant zhall rocoivoe credit on his sentence for the ti111e l~nt l.•; ~a11 in the abovcr Atylod and numbered cauae !r0111 the lfith day of JaXUA.JtT , 19 _£__• to the 18th day of '·'n"nr 19, !4 , tor ~ total of ,,. days credit_,.....,....,......""y______ -r; v--... C•"''1'i.:l:..........A \...;.h.,_ c--.-...p -tl:. \.;'\1-l.' _,..., 'l~-f-1.. T);sr-,.,·c.-1 Si.Qned thi11 =r~._ d11y of b!, (jv-L .......~, 19 C........,..t- .f "t,.AZ..u Co-h "Tt+'t.s: I BSTH jUDICI~L DISTRICT BRAZOS COUNTY, TEXAS ~~OT!C:E or ;,i'PEA.L :o.·;..s )-;CJT Pt:P.Ft:Cn;o. it..Ll r;.~ ,;: , w. o. Bl!RU:?,· bt:1RY:i:'f CLERk B~ZOS COUNTY, PRYMI,. TEXAS BY. - ' I \ .··,";' .. (·~:./ DEPUTY ·• · 0 D- O ct.ASSIFICATIOH - - - - - - - - - - - - 0 REFEREHCE - - - - - - ' - - - - - - - - - 0 0 0 0 0 0 ' . .. .. ... ~ \ ... .;r ...;. ..... · • ,· 0 ft~ -· ~ 0 0 0 408765 G~ Dale Recefved,_ _...-..:11::::.-_,s-"-"'ss"-------- Received From,_ ___,D:o:.RliZO=:.:sc....co=·------ Crime l UJC w. rr c 2) c 2-syr.s> 0 Sent8oce _ _...;s::..~rrs=-~·-------Sentence Begins Retumodas _____________________________ 10,..17-85 0 Dale Returned Complexion ~ Age 18-84 Hair ·BOCHi Date of Birth Eyes BiOtl 12-22-66 Height !HO Place of Birth Weight _1""4""5__ mzoo ro.TX 0 Residence BIWB, TX Scars & Marks: NatiooaJity._ _~.AM!?.R!CNl=""""'-=.=-------- 0 Ex-5ervice: 0 l 23 l 1 2 3 4 5 6 7 8 1 j State's Exhibit No. 19-A Judgment and Sentence ~ 22 23 24 J 25 u DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT Ill""'" n (Felony Probation- Plea of Guilty/Nr Contendere - Art. 42.12. Sec. 3. NO. 15,341 r· 0 ) [l THE STATE OF TEXAS vs X IN THE DISTRICT COURT OF 85th JUDICIAL DISTRICT THE ST ~,c;Q.I,l,NT)' OF BRAZOS ~tm'irici or Bruos COWI!y, TelW, 0 !,Man: , do.html)o cerlify II= lbD f'Greaoiil& is a 1n10 aa4 cotroiit ·copy of 1bc oriSUial; lhl& ecrti~ Rlfhcu dlllt II= SSNJ hlwO bcoen JUDGMENT ~Inc-No !~/.· Z·S 18 l9H4 A1TBIT:*" Hamlla MARCHAMli_N.DU!rtct~. BrazosCo!m!y, Teua .\'f.--(). nunm, o !fr. ct.m.~ D By: <]}G4,1')1!t-~l~ On this Deputy the\~;\~-... day of Apr~l . . 19~, in_the ~ ~> J~111~• r;ou~rf•j!f~ .. .'J .n 1 e an num ; ·.-cause ."'\\• . <::>-"-"'-c::\ \ -=.'-!. being this day called for trial, the State appeared by her Ass1s't"a;t'/D1s net A ttorrley and the Defendant, 0 David Greer , appeared in person and by Counsel, and both parties announced ready for· trial. The Defendant, in person and in writing, in open court, having· Travis Bryan waived his right of trial by jury, such waiver being with the consent and approval of·the Court and now 0 entered of record on the minutes of the Court, and such waiver being with the consent and approval of the Assistant/District Attorney in writing and filed in the papers of this cause before the Defendant enter'ed his plea herein, the Defendant wa~ed/waived arraignment in writing, 0 and, in open court, pleaded guilty/nolo contendere to the charge contained in the indictment/ inf~n. Thereupon, the Defendant was admonished by the Court of the range of punishment attached to the offense, of the fact that any recommendation of the Assistant/District Attorney as to punishment was not binding upon the Court, and that if the punishment assessed· did not exceed the 0 punishment recommended by the prosecuting attorney and agreed to by the Defendant and his attorney, the trial Court ,must give its permission to the Defendant before he may prosecute an appeal, and that if the Court rejected the plea agreement, the defendant would be allowed to withdraw his plea 0 and the fact that he/s-Re-had pled guilty or any evide'nce introduced may not be admitted against the Defendant on the issue of guilt or punishment in any subsequent criminal proceeding; and it plainly appearing to the Court that the Defendant was mentally competent and that the plea was freely and voluntarily entered, the said plea was accepted by the Court and is here entered of record upon the minutes. 0 The Defendant,.having in open court, in writing, waived the appearance, confrontation, and cross- examination of witnesses, consented to the stipulation of evidence and to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence; and such waiver 0 and consent having been approved by the Court in writing and filed in the papers of the cause, the said plea of the Defendant was received and entered of record upon the minutes. The Court. having heard the indictment/i~ion read, or the Defendant's waiver or reading of the indictment/i~on, the Defendant's plea thereto, the evidence submitted, and the argument of Counsel thereon, found the D Defendant guilty as confessed by him of the offense of burglary of a habitation a felony, and assessed the punishment at confinement in the Texas Department of Corrections/ :l'&l1uoos:>Jl:oN!1L'Oj!o.Xlil for __ten (1 D) (cJ.avx}dyears) and a fine of$ -0- 0 IT IS THEREFORE CONSIDERED, ORDERED, AND ADJUDGED by the Court that the Defendant is guilty of the offense of burglary of a habitation , a felony, arid that 0 the said Defendant committed the said offense on and that he be punished by confinement in the Texas Department of ten the~ day of ;_.,\Ys'-\,0....>'-.. ~~)(years). and that the State of Texas do have and recover of the Defendant all costs of Corrections/Boamoo~b;Xd(;il , 19~. for [J the prosecution. for which execution will issue. HOWEVER, On this \'1\\-. day of _ _...:A'-'.J"p.=r-"i'-"1=-----· 19~, the Court after due consideration is of the opinion, and so finds, that the ends of justice and the best interests of both the public and the D Defendant will be served if the imposition of the sentence in this cause is suspended and the Defendant is placed on probation under. the supervision of the Court. D IT IS THEREFORE FURTHER ORDERED by the Court that the imposition of the sentence in this cause be and the same is hereby suspended during the good behavior of the Defendant, and that the Defendant be and is hereby placed on probation for a period of ten ( 10) years , beginning u on this date, under the supervision of the Court and the duly appointed and acting Adult Probation STATE'S EXHIBIT 1"16 s County, Texas, provided that the Defendant shall comply with the following terms of probation: 0 COUIH.COPY 1:1- . i ·-liihiiL'n!lT~i.C: .: ..:..:::~~:::. ~~. ~ -- ~~'~l?":•#c~~: . I /J{;l . l):-\~11;·; .:· .. .:;.;::: ...·· •. -·~···- -··! ---~-if!f/(l-·-·-~ -' 0 THE STATE OF TEXAS vs X X IN THE DISTRICT COURT OF 85th JUDICIAL DISTRICT [)A Vi: ~GREER BRAZOS COUNTY, TEXAS CONDITIONS OF PROBATION In accordance with the authority confP,rrecl by the Adult Probation and Parole law of the State of Texas, you have been placed on probation on this\ clay of~pri 1 1)1\' , 19--.8it_, for a period of ten years for D the offense of by the Honorable burglary of a ha itation W. T · McDonald, Jr · , Judge, 85th Judicial District Court. Brazos County, Texas. It is the Order of tht! Coun thnt you comply with the followino conditions or probation in that you shall durina lhe period of probation: 0 Commit no offense against the laws of this State or any other State or of the United Stones or of any governmental entity; further. you cue to report to your Probation Officer within 4.8 hours i( arrested or Qt.icstioned by a law enforcement officer; Avoid injurious and vicious habits, refrain from using alcoholic bevcr<HJCS to e><cess. nncl abstain from the use of i1ny harmful substance. narcotic drug or other conttolh.:d substance. in any form, except i1S proscribed by a licensed physician far legitimate medical purposes. 0 A\laid persons and places of harmful und disreputable charncter, including but not limited to, knowingly or volunwrily associating with any person previously convicted of a crime or being present at any loCiltion where a criminal act is being commiued; Report to the Prob..,tion Officer ot the Brazos County Adult Probation Oepnnment lls directed by the Court and your Probation Officer. at least once each calendar monlh, beginning immedi;:uely and continuing until you aro discharged-from probation, and obey ull rules and regulations of the·Pro· bation Ocpartmenr; 0 V/(e) ._/!t) Pormit your Probation Officer to visit you at your homo or elsewhere; Work faithfully at suitable employment and notify your Probation Officer within 48 hours of any change in said employment; jcgl Remain within Brazos/ - - - - - - - - C o u n t y , Texas, unless you have first secured the written consent of the Court to leave the County; 0 /!h) jOl Support your dependents that you now. hnve or thnl you may acquire- during the term of this prOllation; Report the sources and amounts or -nil income or money received Lind all debts and expenditures to your Probation Officer as directed; v:'lil c~nge 0 Report to your Probation Officer any of address or marital status within 48 hours; /!kl Do not enter into any agreement to act as "informer" or special ogunt for any law enforcement agency; _/11) Freely cooperate and voltmtarily submit to medical and/Or chemicnl tests and oxnminations for the purpose at detern1ining whether or not you are using or are under the influence of alcohol. narcotic druos, marijuana, or any other controlled substnnce: .• 0 /(m) y/'cnl Pay$ 15 · QQ to the Bra.zos County Adult Probation Dopnrlmcnt for the Brazos County Criminal Justice Plilnning Fund within of the dnto of this Order; Poy to the Brazos County Adult Probation Department a probation fee of$ per rnon~h evory month of the probationary period botween 15 • 00 ten davs the firs1 and tenth day of the month beginning ir1 the month ne><t fo,llowlng entry of rhis Order; 0 Af1d furthermore, durinn the term of rlrobation you shall strictly follow and observe the following marked terms and conditions: I / _Ji_(o) Pay to the Clerk of the Court, Court Costs in the sum of $ Order; · • 0 Qand a Fine of S . - - ;..---' within~days of the dato of this '
0 _ _ (p) Pay to the Clerk of the CourtS reimbursement for altorney's fees p.1id Prob<Hioner's nppoinred counse-l in equal monthly install· .nents of $ each. between tho first ond tenth clay of every month, beninninu in t~e month next following entry of this Ordar and continuing until such reimbursement Is paid in full; _ _ (q) PayS restitution to the Brazos County Adult Probation Dcpnrtment, in equal monthly installments of S each, betw·een the first and the ~en_th day of every 1nonth, b.c;U!.!!..ning in tho month nr:xt following the tmtry of this Order and continuing until such restitution is paid 0 __ (,) in full; . ~~-....· -... . ~·"""""""''-"'\'.... ·~~' Observe a curfew anCJ be h__grne. ~~""~'\ ~~ttig.A.c. bufqro ~ 0 : 0 0 P~-1 or within 30 f!linutcs o{ ,tht: CH!d of night employment, -~"<;:\~~""'-\c..............~ ~~-...'-'-._.~ \,_,,,.\ ~"'- ..._.~"'"" "~\~~..._,. ....-<"-•• Abstain from the use of alcoholic beverages in any form and do not go upon any premises where alcoholic bevuraoes ore served; whichever is later; 0 I _:f:,_ctl _ _ (u) PDrticipntu in the Probation Orientation Progmm to btl held n\ 7:00PM on May 2 2 . 19 8 4 in 1ho Distric.l Courtroom; Participate in all sassions of Driving While Intoxicated classes to be held at 7:00 PM on four consecutive Wednesdays in the Brazos County Court tH Law courtroom, beginning the _ _ _ _ day of • 19--: ... './ . -+"-(v) Aeport 10 the Sheriff's Office of Brazos Counry to serve 30 <Jays in the Brazos County Jail as follows: ~<~:~ ~'< ~C,:) 0 /x . ~,_,,..., ~ ~-...__:.-.:;: 'J "'-h . (w) Testify against co-defendants in all criminal cases that are filed and to be filed. ' l ( x ) As an alternative to incarceration you shall be on intensive supervision, 0 effective immediately, for a period not to exceed one year. .. '>,:-->J"" -.....~"" C}..,::" ~ /'(,_ (y) Obtain aGED certificate or high school diploma within'=3:65=~s from the date of Order. 0 Signed this\ SA\\_\ .. . .. ,,., EILED Af..:Li.:L.o• clocl<-'--. day of _ _-'A'-!.l:::..:r:...l.=·.::l=--1--- 19~ . . I /\ ' i'!.?i; 18 1984 . 0 I ocknov,;\edge rOC.Iflpt hom the Clark of a copy of tny eom~f1on Ot?ur.YCLERK Page 2 of 2 pages D . 3OA G78 COUilT COPY 0 TilE STI\TE OF TEXI\S . · IN TilE nn;'I'!HC'!' COUH'I' 01' /./ IoJLED} vs ......?5-t:.£:_ JU! Igi,ftr.<r:uo~~ioJ~M DAVE GREER llHTI:I.OS C:Ollii'I'Y, r?'E,Xl\S.: . .. . : I'·':) D 0 RDEn m: V<?.!5_! NC:_! ~!!~)_~0~~]_~_t:: __-__l:.!:~l~~~~l:!:y_~!'!_-?.~-- ~~~~~:~~ .!~ 1:: Yt_'j,~:.l~~~~~>J:r ~~~EnK On. the 18th clay o [ __ ·--~pri;L · , .19 84 , l:hc ~ - . ' . • uty duly an·d le9a lly conv ic t.cd ro •: the of (en se of Burglary of a ab at ·on B . '· was assessed at ·in the ul>ovc entitled unll nuiiil.iei'QJ""C::..,-usc--ii.i1d-):)ui1Tsliment" __ _ ·1'en (l.G..) years~~ con finemcnt in the (•rexa.s Dep.:~rtmcnt of Correct~ons) ~.i}fxlx-~~»Af}t;m{XJXIJ4~~ nncl the imposition o·f. th~! sentence was suspe,nded clu.:ill•J till.! ~oocl behav.i.<>l." or tho du[cndunt ancl the 0 defendant was placed on r>robati.on for a period of Ten (10) ye;)rs/ x'~ID\'SJ< -------- . On the lOth duy oL October , 19 85 , th<~ Sl:nt.c filed a Motion to Revoke the probat~on granted EFiedcfcndant-.- 0 On this 4th day o£ November appeared in open court in .pers~us attorney, , 19 85 , the Defendant Travls B. _Bryan, III- also being present and .the State appeared by her /\ssrst.-:ini:7UTstrTcthttorncy, and the Court., after l1avi11g hcqrd and consicler.cd l:hc Sl:ul:c 1 s 1-lot:ion to nevoke 0 probotion and .hearing the evi.de·nce offe'rcd by both .the· Stntc and the Defendant the court. is of the opinion <111d finds as il fncl: l:hnt the De r.enclant. violated the terms and conditions of his pr.obntion ,,s fol:l.ows, to wit:· 0 In that the defendant, DAVE GREER, on January 27, 1985; did then andthere in Brazos County, Texas, intentionally and knowingly enter the Holiday Inn in College· Station, without the consent of the owner and was-therefore arrested fcir criminal· trespass; 0 In that the defendant, DAVE GREER, on November 14, 1984, and Febru'ary· 27, 1985, did then. and there ingest an illegal substance, to-wit: marig.uana; In that the defendant, DAVE GREER, On April 4, 1985, May-22~ 1985, June 5, 0 19S5, and August 21, 1985, did then and th~re use a controlled substance, to-wit: methamphetamines; In that the defendant; DAVE GREER, on July 9, 1985, did then and there 0 use a con-t:rolled substance, to-wit: methamphetamines; In that the defendant DAVE.GREER, on September 3, ·198.S, did then and. there admit to his probation officer, Gloria McGowen, that he, the said .I .'; defendant, had been associating with .harmful and disreputable characters; 0 . In that the defendant, DAVE G~EER, has failed to maintain suitable 1 a~d stable employment; .t 0 In that the defendant, DAVE GREER, on November 14, 1984, and June 5, 1985, did then and there admit to his probation bfficer, Gloria McGowen, that he, the said defendant,· had left Br-azos County, Texas, without the written consent of the Court; 0 In that the defendant, DAVE GREER, fail'ed to pay probation fees for the months of June, July~ August, September, and October of 19~5; In that the defendant, DAVE GREER, failed to keep his curfew on October 0 31, 1984, and August 7, 1985; and, In.that the defendant, DAVE GREER, failed to participate in drug ab1,1se counseling. 0 THESTATEOFTEXAS; COUNTY OF BRAZOS o. I.Marc Hltllllin. Clert of the Di&lric:t or Brazos Counl)', Tcx:u, do heRby catJty that lite fon:JOilll ira uuc and corrcc:t copy or 1be ori&iJW; this certilkation rcnects Ilia! lite SSN1 have 1>oeo redacted mC&usc No. I53Lfl · XS' ATil!ST: MICC Hamlin MARC ~f:IUN,_ ~~~· Bru.os Coaaty. Tcxns By: J!-.J,j -~~JIV . Deputy . 34A550 / 0 I'r IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court, that the order suspending the imposition of the sentence, and placing the De- [l fendant on probation, heretofore entered in this said cause be, and the same is hereby revoked. · The Court further finds that the best interest of society and 0 the Defendant will.be served by imprisonment in the (Texas Department of Cor- rections) XH~X~MKX~MMHX~XX~XX~ and therefore the ~~~~~~~~ MMX (reduced pu~isnment ofl Corrections) 5~~~~ ~ears/~~ in the (Texas Department of (Bf:lili(fliX~(SliiUt¥X~,.1!.· ~s hereby ordered to be served. 0 ON THIS the 4th day of SENTENCE November , 19 ~. the State appeared by"her Assistant/District Attorney, and the Defendant appeared in 0 open Court in person, his attorney also being present, for the purpose of having sentence pronounced in accordance with the judgment herein rendered and thereupon the said defendant was asked by the Court whether the Defendant had any legal reason to say why sentence should not be pronounced; and the Defendant answered nothing in bar there6f, whereupon the Court proceeded, 0 in the presence of the Defendant, to pronounce sentence as follows: IT IS THE ORDER OF THE COURT that the said Defendant, who has beeri adjudged guilty of the offense of . _B_~lary~~~~itati~n·~~~~~~- 0 and \'lhose punishment has been assessed by the Court at confinement ~n the (Texas Department of Corrections) X~~~~~ for a term of five (5) years. --be delivered by the Sheriff of Brazos County, Texas, to the Warden 0 of the Texas Department of Corrections, or other persons legally authorized to receive such convicts, and·that said Defendant shall be confined in said Texas Department of Corrections for xroxJoi.~~~xMXXKMx~~ xxxxxxxxxX~~X~x~~X~~~~x five (51 years, in. accordance with the laws governing the Texas Department of Corrections. 0 --be delivered to the Sheriff of Brazos county, Texas, or other persons 1 ga. y authorized to rece victs, and that said Defendant shall be confined in said Brazos County Jail for a · days) 0 (years) in accordance with the laws governing the Brazos County Jail. It is further Ordered, Adjudged and Decreed by the Court that the Defendant shall pay restitution or reparation in the amount of $ payable to the Brazos County ~dult Probation Department for the ~b-e_n_e~f~i't~- of , the victim of the prisioners crime, as a condit1on of his parole in accordance with Art. 42.12 Sec. [15] (g). The Defendant shall receive credit on his sentence for the time D sperit in jail in the above styled and numbered cause from the ..,~~~-~~-,-=-:-::--~~-.:-=:-' 19 1 to the 19,~~---' for a total of --~~~~~~~--~----~--.a~a-y--s credit-.~-~~~~~~~- day of day of Y ~ C a "' C. '-'- -r -ra...-k w',-h.__ c..">v\~ .. -/:b. )~, ~b 1 i~ 'l~--/-1._ 1) is (-l",·c:r Signed this Lf-~ day of 1\.\ d~/ 1 19 • c, .__,..t- .f ""Srli_z._os Co.....h 1 f!..-f'1.S I \t=-e ~~h--~ PRESIDING JUDGE c ( {)'' ~ 85TH JUDICIAL DISTRICT 0 BRAZOS COUNTY, TEXAS 0 0 0 0 0 24 0-- 1 2 0 3 n 4 5 0~ 6 7 0 8 0 9 10 0 11 12 State's Exhibit No. 20 0 13 Judgment and Sentence 0 14 15 0 16 -, 0 17 18 0 19 20 0 21 0 22 23 0 24 o~ 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 0 [] ... Page 1 ofl No. THE STATE OF TEXAS * IN THE COUNTY COURT VS. * AT LAW Ne:-1""/NO. 2 B .I)~,.J -L.. })...::c~.JV: - C~-..ee.~- * BRAZOS COUNTY, TEXAS 0 JUDGMENT + SENTENCE 0 On this date the above numbered and entitled cause was regularly reached and called for trial. The State appeared by her County Attorney and 1J _ _ _ _ _.........c.· .c. D<. .:': :.:.' . .: !.C~:?,.__})0 o.v'fL. Q) r--e.e..r hereinafter referred to as de.feudant, appeared in person and through attorney _..-.- r.\._ s 0 cJ·.._, '.AJ'-- < _)Lo.,.v.A.J. attorney in writing) and in open court plead Guilty/Nale-Bont-eruY:e- to the charge of (waived his/her right to an ..--·· (\ t-:.----.1 i·-.<:'U'(~J- A-cce s·A-- 0 as alleged in the information. Thereupon the defendant was admonished by the. Court of the consequences of said plea and the Court, having heard the evidence which 0 substantiates the defendant's guilt as confessed by him/her of the above offense, which occurred on the .?,\". JJ~ day of 'Ff tu' ,19.9.).._. 0 It is therefore ordered, adjudged, and decreed by the Court that on this date the defendant is guilty of the above offense as charged in the information in this cause, 0 and as confessed by him/her in the plea of_guilty herein made, and the Court, having heard evidence on the question of punishment and argument of counsel, thereupon fixed the 0 punishment by payment of a fine in the amount of $ confinement in the Brazos County Jail for a term of 6DO 90 days) and that the (and by State ofTexas do have and recover of the said defendant all costs of this proceeding 0 incurred, !"or which let execution issue in accordance with the laws governing the State of Texas. 0 STATE'S SIGNED TI-IIS 25l\-....DAY OF_ _ ___.A~--r~v¥-''""")"""'.::("_,_4-_·-· _ _, 19.!:t;._. EXHIBIT 0 1...6 0 / ______ _, \,~, ... ... 0 0 25 0--. 1 2 0 3 0 4 5 0 6 7 0 8 0 9 10 0 11 State's Exhibit No. 21 0 12 13 Judgment and Sentence 0 14 15 0 16 0 17 18 D 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR o· OFFICIAL COURT REPORTER 272ND DISTRICT COURT 0 1 1 J No. THE STATE OF TEXAS * VS. * AT LAW N0.1/NO. 2 D.,..vf BRAZOS COUNTY, TEXAS JUDGMENT + SENTENCE On this date the above numbered and entitled cause was regularly reached and called for trial. The State appeared by her. County Attorney and :i) CA --.J <?,__ h, k~N. Gr·J>.-e-r hereinafter· refen:ed to as defendant, appeared in person and through attorney --------<"-~-'-,_·-..:.•'.=::.v-:<::..._·_-;:S_,...._""·c.:o<-c.:-c:.~=·=·::.'.:>.>_ _ _ _ _ _(waived his/her right to an attorney in WTiting) and in open court plead Guilty/Nohr€mrtendre-to the charge of (6:_ l>\'- \ €_.ss S~-r,; >I\,.....__,~ as alleged in the information. Thereupon the defendant was admonished by the Court of the consequences of said plea and the Court, having heard the evidence which substantiates the defendant's guilt as confessed by him/her of the above offense, which occurred on the 7-&-)-~'- day of ::r. ..J_,y;__ , 19 c17 . It is therefore ordered, adjudged, and decreed by the Court that on this date the defendant is guilty of the above offense as charged in the information in this cause, and as confessed by him/her in the plea of guilty herein made, and the Court, having heard evidence on the question of punishment and argument of counsel, thereupon fixed the punishment by payment of a fine in the amount of $_s_,()"'--=C-,_)____.(ancl by confinement in the Brazos County Jail for a term of_ _c....~.J.....(.L.)__ days) and that the State of Texas do have and recover of the said defendant all costs of this proceeding incurred, for which let execution issue in accordance with the laws governing the State of Texas. SIGNED TI-IIS ;2'7{~-k.... DAY OF_ _ ___.:/-c...:~c...:::U,_',-r.jt-··-.....:....J"-"3"-~---·_ _, 19_Tf._. *i STATE'S EXHIBIT I ~ _.lL..~--(- ~ 0 26 o. 1 2 0 3 4 fJ 5 0 6 7 0 8 9 .D 10 fJ 11 12 State's Exhibit No. 22 0 13 Indictment 0 14 (Not admitted) 15 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT 0 27
D 1 2 0 3 4 0 5 0 6 7 D 8 0 9 10 D 11 u· 12 13 State's Exhibit No. 23 Judgment and Sentence D 14 15 0 16 0 17 18 0 19 ·.~ 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0 272ND DISTRICT COURT (~\ L~ 0 / [1-- ' CAUSE NO. 13,934 INCIDENT NO./TRN: 9151867087 DrHE STATE OF TEXAS § IN THE 21sT DISTRICT § COURT [f· § § DAVE DUANE GREER § BURLESON COUNTY, TEXAS § [JSTATE ID NO.: TX03329636 § rl. JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL U,. Judge Presiding: HON. Reva L. Tows lee Corbett· Date Judgment Entered: October 29, 2010 1 , Jennifer Lively Attorney for ttorney for State: Elizabeth Whittington Defendant: Trey Dunne Theft less than $1.500 tharging lnstrume~t: !l)NDICTMENT · Date of Offense: Statute for Offense: 31.03 Texas Penal Code (')May 18, 2010 } -{pegree of Offense: I Plea to Offense: I Findings on Deadly Weapon: I GUILTY .,_, - CLASS "A" MISDEMEANOR nns ofP!ea Bargain: IN/A U I .se (1) year in the Burleson County Jail, $1,499.00 restitution (Restitution is .Joint and Several with co-defendants- #13,950- Jason Ray Greer and #13,951- Billy Mike Harris, Jr.), court cost and court appointed attorney fee ..L. U p] t 1' E 1 t p ea o • • n 1ancemen aragrap 11: J Findings on pt Enhancement N/A N/A Plea to 2nd Enhancement/Habitual Paragraph: Findings on 2nd Enhancement/Habitual N/A Paragraph: Paragraph: N/A /Date Sentence Imposed: October 29,2010 I Date Sentence to Commence: I OCtober 29, 2010 Y \ Punishment and Place of Confinement: One (1) year in the Burleson Count}' Jail TIDS SENTENCE SHALL RUN CONCURRENTLY. ime Credited: 118 days _j I 1SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A. [ ] Jn accordance with Section 12.44(a) Penal Code, the Court finds that thE!,ends of justice would best be s(!rved by punishment as a Class A -misdemeanor. Defendant is adjudged to be guilty of a state jail felony and is ·assessed punishment indicated above. · line: Court Costs: Restitution: Restitution Pavable to: $ 229.00 court cost S N/A VICTIM (see below) S 400.00 court appointed $ 1,499.00 attorney fee AGENCY/AGENT (see below) Ir 1 Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. TSex Offender Registration Requirements do npt apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62 ·'\The age of the victim at the time of the offense was N/ A. All pertinent information, names and assessments indicated nbuvc nrc incorporated into the lnngunge of the judgment below by reference. This cause was called for trial in Burleson County, Texas. The State appeared by her Assistant/District Attorney. [J Counsel/ Waiver of Counsel (select one) · ":I Defendant appeared in person with Counsel. JDe ·gently, and voluntarily waived the right to representation by counsel in writing in open court. STATE'S u-· EXHIBIT 2) BOO/{ f·111 /'PAGE ~ zw 766 0 0. 0 D Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above to •h_e lesser included offense of the indictment- Theft less than $1,500- a Class "A"· Misdemeanor. The Court then admonished .. · fendant as require<l by law. It. appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely ·and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard 0 the evidence submitted, the Court found Defendant guilty of the offense inclicated above. In the presence of Defendant, the Court , pronounced sentence against Defendant. The Court FINDS Defendant committed the above offense- and ORDERS, ADJUDGES AND DECREES that Defendant . is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done accordi.ng to the applicab.le provisions of TEX. CODE GRIM. PROC. art. 42.12 § 9. D The Court ORDERS Defendant punished as inclicated above. The Court ORDERS Defendant to pay a 11 fines, court costs, and restitution as indicated above. 0[ .. Punishment Options (select one) 1 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agentof the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence .. The Court ORDERS that 'upon release from 0 confinement, Defendant proceed immediately to the Burleson County District Clerk's .Office. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. (X] County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to 0. tile custody of the Sheriff of Burleson County, Texas on the date.the sentence is to commence. Defendant shall be confined in the Burleson County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Burleson County District Clerk's Office. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D [ ] Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Burleson County District Clerk's Office. Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. 0· [X Execution I Suspension of Sentence (select one) I 'l'he Court ORDERS Defendant's sentence E.,'{ECUTED. 1 . )The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on \nmunity supervisi?~ for the adjud_ge~ peri~~ (above) so lo~g as Defend~nt abides~~ a~d does not viola~e the terms and-conditions U fr vi cornmumty superviSIOn as set out In Conditwns ofProbatwn/Commumty Supervrs10n'. The order settmg forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent inc~n·cerated. Furthermore, the following special findings or orders apply: Restitution to be paid to: Jason Wendler; 10720 FM 50; Somerville, Texas 77879 (Restitution is Joint and Several with co-defendants- #13,950- Jason Ray Greer and #13,951- Billy Mike Harris, Jr.) 0- - - - - - - - - - - Signed and entered on this 29th day of October, A.D. 2010. [1 0 DAPPROVED AS TO FORlVI: ~;}/~? _..-;:?''/ 0ASSISTANTrOISTRlCT ~-~---<::?,.~;;{-~ . 100 W. Buck, Suite 407 A'ITORNEY DEFENDANT'S RIGHT THUMB AND RIGHT 0 - l:aldwell, Texas 77836 79)567-2350 HAJ\TD FINGERPRINTS: See Attached OSBT: ,:2:-td =?<f! & 5 t BOOK N11 (' P£\GE r ~ l T ,~ FINGERPRINTS OF DEFENDANT ~· On this the--=-..J~tf:._____ _ _ day of ----1k2~.. . : : :.if7=r. _'~_ ;......!' _ _____:_ _• ___:' 20__._,/ (}~-- J Came to be Taken Below the Right Hand Finger and Thumb Prints of: ] -'-/J~a~~:....;::::._,L...l..ofi2C,.._~Lti~a"'-L-:'!flf~e!Jz~. · -=----·---=-----the DEFEND.ANT · __..:.;te/V=-=-· ~ c{l j/f!.. .L / In Cause No. / J1 f J f ~ the 21st District Court of Burleson County J By: b,,J,l;_].0SMq6_~ ] J ] ,I .·. ·. J :-~·:;(:·_;·_.:··<", ~· ..... : .·.:n':~~·;-.•,1), J J >' ., ·; Signature of PERSON TAKING PRINTS BQ.OKJ-1.117 PAGE 7 6 8 ---------~~--------· , ..___ vf t ····..: J 1- J } J 1 I 1 ) } . ;),:-;~\ ·-. .. \\ '// •');:: ; _; ~ /~(~~~ : ~; £. \. .;;:;:":Y~.~:. ·:~;~~ TH E--s:ratg~:Of.~fExAs: ) County··of -Burleson: I, Joy Brymer District Clerk of Burleson County, Texas, do hereby certify that the I_ above is a true and correct copy of the .original on file in my office.
1 1 1-- 2 J 3 a 4 u 5
~ 6
7 J 8 j 9
10 } 11
12 State's Exhibit No. 24 j 13 Fingerprint card
14 1 15 } 16
17 l 18
1 19
i} 22 ~
25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 272ND DISTRICT COURT
]
} 'i lEAVE BLANk TYPE OR PRINT ALL INFORMATION IN BLACK ~ APPLICANT lASTt;;~,\ ~;:: ~ ~ ~ MIDDLE NAME STATE'S ~I BIT 'k-~~~~-------+~~--~~--~----~~Si! I -liATURE OF PERSOtl FINGERPRINTED AliASES AKA c~ ~ ,..SIDENCE OF PERSOtJ f.'i~JGERPRINTEO ' [ ' CITIZENSHIP ill >ATE YOURNO. OCA FBINO. E.1iJ ~~~~~~~~----~CLA~ ARMED FO!ICES NO. Mtli) -------------------------------------------- I ASQ~: F!NCERPRHHE.D SOCIAl SECURITY NO. ~ REF. MISCe!LAtlEOUS NO. Mtl.U 2. R. IN DEl< 3. ~. MIDDt~ •. R. RING S. R. Ullll } 7.L.It<D~l< 8.1.. MIOOtl 9,l. PING I THUMB R THIJM& RIGHI fOUA:FINGE~~ t"Kft4 SI.V.Ul TAr.:EOUSt r J l\ l FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTiCE l.LOOP WASHINGTON, D.C. 20537 APPLICANT TO OBTAIN CLASSifiABLE fiNGERPRINTS: I. USE BLACK PRINTER'S INK. [2]. DISTRIBUTE INK EVENLY ON INKING SLAB. 3. WASH AND DRY FINGERS THOROUGHLY. <. ROLL fiNGERS fROM NAIL TO NAil, AND AVOID ALLOWING fiNGERS TO SLIP. J ~- BE SURE IMPRESSIONS ARE RECORDED IN CO~RECI ORDER. 6. IF AN AMPUIAfiON OR DEF()RMITY MAKES IT IMPOSSIBLE TO PRINT A FINGER. MAKE A NOTATION TO THAT EFFECT IN THE INDIVIDUAl FINGER BLOCK. 7. IF SOME PHYSICAL CONDITION MAKES IT IMPOSSIBLE TO OBTAIN PERFECT IMPRESSIONS. SUBMIT THE BEST THAT CAN BE OBTAINED WITH A MEMO STAPLED TO THE CARD EXPLAINING THE CIRCUMSTANCES. 8. EXAMINE THE COMPUTED PRINTS TO SH IF THEY CAN BE ClASSIFIED. BEARING IN MIND THAT MOST FINGERPRINTS THE LINES BETWEEN CENTER OF FALL INTO THE PATTERNS SHOWN ON THIS CARD (OTHER PATTERNS OCCUR INFREQUEml Y AND ARE NOT SHO\NN HEREl. LOOP AND DELTA MUST SHOW 2. WHORL THIS CARD FOR USE BY: LEAVE THIS SPACE BLANK I. LAW ENFORCEMENT AGENCIES IN FINGERPRINTING APPLI· CANTS FOR lAW ENFORCEMENT POSITIONS. • 1. OFFICIALS OF STATE AND LOCAl GOVERNMHHS FOR PUR· POSES OF EMPlOYMENT. LICENSING, AND PERMITS. AS AUTHOR· IZW. BY STATE STATUTES AND APPROVED BY lHE ATTORNEY J GENERAl OF THE UNITED STATES. lOCAl AND COUNTY ORDI· NANCES. UNLESS SPECIFICAllY BASED ON APPLICABlE STATE II'TATUTES·DO NOT SATISFY THIS REQUIREMENt.· ) 3. U.S. GOVERNMENT AGENCIES AND OTHER fiHITIES REQUIRED BY FEDERAl lAW. •• 4. QFFIC!Al·S QF FEDERA\l Y CHMTfREO OR INSUREp BANK· lNG INSTITUTIONS TO PlibM'OTE OR MAINTAIN THE SECURITY OF THOSE INSTITUTIONS. l INSTRUCTIONS: · •1. PRINTS .MUST FIRST 11€ CHECKED THROUGH THE APPRO- PRIATE SlATE IDENTIFICATION BUREAU. AND ON't'f lHOSE·FINGER· 3. ARCH PRINTS FOR WHICH NO DISQUALIFYING RECORD HAS BEEN FOUND LOCAllY SHOUlD BE ~UBMITTED FOR FBI SEARCH. [2]. PRIVACY ACT OF 1974 (P.l. ~·579) REQUIRES THAT FEDERAl. SlATE. OR lOCAl AGENCIES ltiFORM INDIVIDUALS WHOSE SOCIAl SECURITY NUMBER IS. REQUESTED WHETHER SUCH DISCLOSURE IS MANDATORY OR VOLUNTARY. BASIS OF AUTfiORITY FOR SUCH SOliCITATION. AND USES WHICH Will BE MADE OF IT . .. 3. IDENTITY OF PRIVATE CONTRACTORS SHOUlD BE SHOWN IN SPACE "6MPLOYER AND ADDRESS". THE CONTRIBUTOR IS THE NAME OF THE AGENCY SUBMITTINC. THE FINGERPRINT CARD TO THE FBI. [4]. FBI NUMBER, IF KNOWN. SHOULD AlWAYS BE FURNISHED IN THE APPRO?RIATE SPACE. MISCEllANEOUS UO. • RECORD: OTHER ARMED FORCES NO .. PASSPORT NO. (PP). AJ.IEN REGISTRATION NO. (AR). PORT SE· ) CURITY CARD NO. (PS), SElECTIVE SERVICE NO. (SS). VETERANS' I ARCHES HAVE NO DELTAS FtJ.238(ll£V.1HH2) ADMINISTRATION ClAIM NO. (VA). ..-} U.S.G.P.O. 1990-262-201/20000 __,,. j CASE NO. 10-13-00049-CR IN THE TENTH COURT OF APPEALS WACO, TEXAS DAVID GREER, Appellant vs. THE STATE OF TEXAS ON APPEAL FROM THE 272nd DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 12-03324-CRF-272 STATE'S BRIEF J JARVIS PARSONS J DISTRICT ATTORNEY BRAZOS COUNTY, TEXAS J Douglas Howell, III Assistant District Attorney J State Bar No. 10098100 300 E. 26th Street, Suite 310 'l Bryan, Texas 77803 j (979) 361-4320 (979) 361-4368 (Facsimile) J J J J IDENTITY OF PARTIES AND COUNSEL APPELLANT: David Greer Trial Counsel: Earl Gray 103 North Main Bryan, Texas 77803 Appellate Counsel: Mary Hennessy P.O. Box 2536 Brenham, Texas 77834 J THE STATE OF TEXAS: .Jarvis· Parsons District Attorney ] 3 00 E. 26th Street, Suite 310 Bryan, Texas77803 Trial Counsel: Ryan Calvert William Ward Assistant District Attorneys Appellate Counsel: Douglas Howell, III ] Assistant District Attorney ] TRIAL COURT: Hon. Travis Bryan, III Presiding Judge J l J J J J l _]
TABLE OF CONTENTS ] IDENTITY OF PARTIES AND COUNSEL ......................................................... ~ ...... .i J TABLE OF CONTENTS .............................................................................................. ii INDEX OF AUTHORITIES ........................................................................................ iii J STATEJ\1ENT REGARDING ORAL ARGillvfENT ................................................... 1 J STATEJ\1ENT OF THE CASE ................. ;.................................................................... 1 ] STATEJ\1ENT OF FACTS ............................................................................................ 2 ' J SUMJ\1ARY OF THE ARGUMENT ..................................................................... 12 STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO. 1 ..................... 13 The evidence was legally sufficient to prove that Appellant ] intentionally and knowingly possessed the revolver. ] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2 ..................... 21 The trial court did not err in denying Appellant's motion to suppress J evidence where the stop was legal. (4 RR 100-103, 108-111). STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3 ..................... 21 ] The trial court did not err in denying Appellant's motion to suppress J evidence where the resulting inventory of the vehicle was proper. (4 RR 103-107, 111). ] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4 ..................... 29 J Appellant was not denied effective assistance, for allegedly failing to timely urge his motions to suppress, where the trial court properly overruled his motions. ] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5 ..................... 31 J l 1 STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO. 5 ..... :............... 31
The trial court did not err when it admitted extraneous evidence of a statement made by Appellant over relevance and Rule 403 objections. (4RR9-15).
PRAYER ....................................................................................................................... 39
CERTIFICATE OF SERVICE .................................................................................... 39 ] CERTIFICATE OF CO:rvt:PLIANCE WITH TEX. R. APP. P. 9.4 ........................ 40 ]
] ], 1 J
J 1 ] INDEX OF AUTHORITIES
STATUTES
J l Tex. Code Crim. Proc. art. 28.01, § !. ............................ :........................................ 29
Tex. Code Crim. Proc. art. 38.04 ............................................................................. 15
CASES J Alexander v. State, 740 S.W.2d 749 (Tex. Crim. App. 1987) ....... ,........................ 14 ] Alvarado v. State, 912 S.W.2d 199 (Tex. Crim. App. 1995) .................................. 15
Bollinger v. State, 224 S.W.3d 768 (Tex. App.-Eastland 2007, pet. ref d) ..... 5, 16
Broadnax v. State, no. AP-76207 (Tex. Crim. App. December 14, 2011) .......... 32
Brown v. State, 911 S.W.2d 744 (Tex. Crim. App. 1995) ................................ 32, 36 ] Calloway v. State,743 S.W.2d 645 (Tex. Crim. App. 1988) ................................... 29 ] Diltz v. State, 172 S.W.3d 681 (Tex. App.-Eastland 2005, no pet.) ..................... 29
J Easley v. State, 986 S.W.2d 264 (Tex. App.-San Antonio 1998, no pet.) ........... 14
Espinosa v. State, 194 S.W.3d 703 (Tex. App.-Bouston [14th Dist.] 2006, no pet.) ........................ 38
] Ex parte Martinez, 330 S.W.3d 891 (Tex. Crim. App. 2011) ................................. 30
Garcia v. State, 919 S.W.2d 370 (Tex. Crim. App. 1994) ...................................... 14 ]
Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) ...................... 34, 38 J Heiselbetz v. State, 906 S.W.2d 500 (Tex. Crim. App. 1995) ................................ 15
1 Hernandez v. State, 939 S.W.2d 692 (Tex. App.-Fort Worth 1997, pet. refd) .... 15
J lV
1 ] Hurtado v. State, ] 881 S.W.2d 738 (Tex. App.-Houston [1st Dist.] 1994, pet. ref d) ....................... 21
Jackson v. Virginia, 443 U.S. 307 (1979) ............................................................... 14 J Skillern v. State, 890 S.W.2d 849 (Tex. App.-Austin 1994, pet. refd) ................ 14 ] Jagaroo v. State, 180 S.W.3d 793 (Tex. App.-Houston [14th Dist.] 2005, pet. refd) ..................... 30
Jones v. State, 963 S.W.2d 826 (Tex. App.-Texarkana 1998, pet. ref d) ............. 36
King v. State, 895 S.W.2d 701 (Tex. Crim. App. 1995) ......................................... 14
] Lockett v. State, 16 S.W.3d 504 (Tex. App.-·Houston [1st Dist.] 2000, pet. refd)32
McCoy v. State, 932 S.W.2d 720 (Tex. App.-Fort Worth 1996, pet. refd).......... 15 ] Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) ............................ 31 ] Moreno v. State, 755 S.W.2d 866 (Tex. Crim. App. 1988) ................................... 15 ] Powellv. State, 189 S.W.3d 285 (Tex. Crim. App. 2006) ..................................... 39
J Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996) ...................................... 31
Rojas v. State, no. 01-94-00550-CR (Tex. App.-Houston [1st Dist.] March 30, 1995, pet. ref d) ......................... 24, 27
] Romero v. State, 800 S.W.2d 539 (Tex. Crim. App. 1990) .................................... 31
Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) ...................................... 15 ] State v. Mechler, 153 S.W.3d 435 (Tex. Crim. App. 2005) ............ 33, 35, 36, 37, 38 J Stout v. State, no. 0 1-11-00773-CR (Tex. App.-Houston [1st Dist.] November 8, 2012 no pet.) ........................... 17, 21
v Strickland v. Washington, 466 U.S. 668 (1984) ...................................................... 30 Swarb v. State, 125 S.W.3d 672 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd) ................... 33 Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) .................................... 30 ] US v. Loaiza-M~rin, 832 F.2d 867 (5th Cir. 1987) ................................................ 28 l Yaws v. State, 38 S.W.3d 720 (Tex. App.-Texarkana 2001, pet. ref d) ............... 24 J RULES Tex. R. App. P. 38.1 (i) .......................................................................................... 32 Tex. R. Evid. 403 ................................................................................................... 33 ] ,;,:·>···· ] J J J ] 1J J Vl ] CASE NO. 10-13-00049-CR ] IN THE TENTH COURT OF APPEALS WACO, TEXAS J DAVID GREER, Appellant ] vs. THE STATE OF TEXAS J ON APPEAL FROM THE 272nd JUDICIAL DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 12-03324-CRF-272 STATE'S BRlEF J TO THE HONORABLE COURT OF APPEALS: ] COMES NOW, the State of Texas, by and through its District Attorney, and ,files this brief in response to the points of error alleged by Appellant, and would respectfully show the Court the following: STATEMENT REGARDING ORAL ARGUMENT The State requests oral argument only if granted to Appellant STATEMENT OF THE CASE . On July 12, 2012, Appellant was indicted for the felony offense of unlawful 1 possession of firearm by felon. (CR at 1). On November 14, 2012, Appellant ple 1 J
\ ] not guilty to a jury. ( 4 RR 22). The jury found Appellant guilty of the offense. ( 4
RR 184). The trial court found the two enhancement paragraphs to be true and assessed punishment at 30 years in the institutional division of the Texas
] Department of Criminal Justice. (5 RR 59).
STATEMENT OF FACTS
Investigator Terry Young (Brazos County Sheriffs Office) testified that
on February 16, 2012, he helped execute arrest warrants against Appellant and Monishia Campbell. ( 4 RR 28). Young stated that there were at least six officers
from the Criminal Investigation Division, all in different unmarked vehicles, that ] were out attempting to serve the warrant against Appellant. (4 RR 29). Appellant ] and Campbell were eventually located in a black Ranger pickup that was registered ] to Greer's father. (4 RR 30-31, 73). Because it was daytime, both Appellant and
] Gampbell were recognized in the truck. (4 RR 31 ). A marked patrol car was sent in to make the stop of the vehicle. "(4 RR 31 ). The truck did not immediately stop. ( 4 ] RR 32). It proceeded for about a block, even though there was a place for the truck ] to pull over before it did. ( 4 RR 32). The truck stopped after an urimarked car
J pulled in front of Appellant's truck, the driver of the unmarked car got out and ] pointed a weapon. (4 RR 33). State's exhibit 3 (video of the stop) was admitted. (4
RR 34). Appellant was driving, and Campbell was in the front passenger seat. (4 R J 43; State's exhibit 3). J J
, ·\ I J Young described what is done with a vehicle, that is sitting in the middle of ] the road, after an arrest ofthe driver is made. (4 RR 35). The vehicle is towed to a
J secure location after property in the vehicle is inventoried. (4 RR 35). In this case, the truck was inventoried by Young after Appellant's anest. (4 RR 36, 38). Young J testified that he found the following in the bed of the truck: power winch, pieces of ] metal and tools. (4 RR 37). The back compartment area (behind the seats) contained clothing, a cane and a bag with more clothing. ( 4 RR 3 8). The bag with clothing appeared to belong to Campbell because it contained small women's clothing, and Campbell was "very petite." (4 RR 38). Young also recovered a large, black leather jacket (State's exhibit 10). (4 RR 39). It was also in the back
compartment behind the seats and was not in the bag of clothing. (4 RR 39). He ] checked the pockets and found a .22 revolver (State's exhibit 11) in the pocket. (4 ] RR 40). State's exhibit 3 (video of the stop) was played; as it played, Young
noted that the video showed him taking out the jacket, finding the revolver and J then setting it on top of the roof of the truck. (4 RR 45). Young noted that he attempted to find usable fingerprints on the weapon, but could not. ( 4 RR 47).
Young also inventoried the bag with women's clothing and checked the pockets. (4 RR 47). A pair of blue jeans was located; inside a pocket he found a .22
J Photo of jacket admitted as State's exhibit 4. (4 RR 48; 6 RR State's exhibit 4). 2 Photo of revolver admitted as State's exhibit 6. (4 RR 48; 6 RR State's exhibit 6). 1 l ] 3 long rifle bullet. ( 4 RR 49). Young explained that the revolver could not fire the I ,. ] .22 long rifle bullet because the revolver was~ chambered only for a .22 caliber v
J . short round. (4 RR 50). Specifically, the .22 long rifle would stick out of the cylinder of the revolver preventing the cylinder from rotating. (4 RR 51-52). 1 Young noted that he did not seize the .22 long rifle bullet from the jeans as J evidence because it did not fit the revolver and was not illegal for Campbell to J possess in the first place. (4 RR 53). Young found that the revolver was fully ] loaded with .22 short bullets, and it was ready to shoot. (4 RR 53). Young_~greed that Appellant was not wearing_ the jacket when the truck was J stopped. (4 RR 56). Appellant was wearing a tank top and camouflage pants. (4 RR ] 4 3 ). Young concluded that the jacket belonged to Appellant because it was an extra J large size and would fit Appellant, as opposed to Campbell. The video of the stop J and inventory (State's exhibit 3) also showed Campbell to already be wearing a ~ ~ I 'l jacket. (4 RR 57). J On cross-examination, Young stated that he assisted Deputy Ficke with the ] inventory. (4 RR 57). Ficke actually prepared the inventory sheet. Based on the J video, Young did not believe that Appellant's tru~k was speeding at the time it was l ~ stopped. (4 RR 58). Nor did he witness the truck commit a traffic violation. (4 RR 3 J Photos of jeans and bullet admitted as State's_ exhibits 8 and 9. (4 RR 48; 6 RR State's exhipits 8 & 9). J 59). The jeans, that contained the .22 shell, were a size 5. (4 RR 64). Young also ] agreed that there are three sizes of .22 bullets: .22 short, .22 long and .22 long rifle.
] (4 RR 64). Although a .22 long rifle bullet would not fit in the revolver, a .22 long~, bullet would. ( 4 RR 64-65). Young agreed that the actual shell was -not collected, although a pl).oto was taken. (4 RR 65; see 6 RR State's exhibit 8). Young J believed that the actual shell was a .22 long rifle, and not a 22 long, because he 1 J had had '·'a lot of personal experience with .22s, and my personal belief is that it's a
] long rifle." (4 RR 65). He had not tested the revolver and did not know if it would 4 . fire. ( 4 RR 66). The revolver was not swabbed for DNA, nor was amy DNA
testing done. (4 RR 68-69). The revolver was not tested for fingerprints until a ] week before trial, at the request of the District Attorney's Office,. (4 RR 69). The
J bullets in the revolver were not tested. (4 RR 70). In the video, Campbell was
] wearing a jacket, which was too big for her to wear. (4 RR 71 ). An ATF (Alcohol, I
Tobacco and Firearms) trace was sent off; no. - report came back on the original .' ·~ owner. (4 RR 72). The truck that Appellant was driving was registered to his dad. (4 RR 72-73 ). Young did not witness .Appellant say that he owned the revolver. (4 RR 73). Young reiterated that. the reason for the stop of the truck was to execute 4 Although this was not argued on appeal, it is noted that the State was not required to prove that the firearm was operable. See Bollinger v. State, 224 S.W.3d 768, 775 (Tex. App.- Eastland 2007, pet. ref d).
an-est wan-ants. (4 RR 75). He did not actually make the stop; Deputy Ficke did. (4
RR 74). Investigator Ledesma had received information that Campbell and Appellant were together in the truck and had wan-ants; Ledesma confirmed the outstanding wan-ants. (4 RR 75). Young did not remember if the truck had dark 1 tinted windows. (4 RR 75). ] Investigator Ricardo Ledesma testified that, on Feb1uary 16, 2012 at approximately 2:00 p.m., he received a phone call from an informant. (4 RR 80).
As a result, he started looking for a vehicle inhabited by Appellant and Campbell;
dispatch confirmed that both had outstanding warrants. (4 RR 80-81 ). During the J stop, he was in a car at the very back. (4 RR 82). It was a cool day; he was wearing ] a wind breaker jacket. (4 RR 82). Campbell had on a red shirt and camouflage ] jacket. ( 4 RR 83). Ledesma read Campbell her Miranda rights after her arrest. (4
] RR 83 ). She agreed to speak with Ledesma. (4_ RR 83 ). Ledesma knew Campbell
as a victim in a previous case ~e had investigated. (4 RR 84 ). J Because everyone in the truck was arrested, it had to be towed. (4 RR 84 ). J An inventory search was conducted. (4 RR 84). During the inventory, the revolver
J was found in the jacket. ( 4 RR 85). Ledesma took the jacket to Campbell to
J determine who it belonged to. (4 RR 85). Campbell's demeanor "was more of a
surprised look and just kind of shook her head as no." (4 RR 86). Appellant also ] denied owning the jacket. (4 RR 86). Appellant was ultimately alTested for J J l l possession of the revolver. (4 RR 87).
J \ On cross-examination, Ledesma stated that he could not provide the name of J the informant. ( 4 RR 87). The informant provided information that Appellant
might be in a particular vehicle. (4 RR 88). Deputy Ficke actually filled out the J inventory report (State's exhibit 15) for the truck. ( 4 RR 89-90). Campbell was in J the back of a patrol car when he showed her the jacket; she had a demeanor "when
J you ask somebody a question - or even children, you ask them a question, and they
J immediately deny it." (4 RR 91). Again, Campbell was wearing an oversized
jacket. (4 RR 91 ). J On re-direct, Ledesma stated that he had worked with the confidential J informant before, and he had proved reliable and truthful. (4 RR 92). The
J infonnant only provided a possible location for Appellant._(4 RR 92).
J On re-cross, Ledesma was aware that the .22 long rifle bullet was found in the size 5 jeans. (4 RR 93). Ledesma was shown State's exhibit~' photo of the .22 J bullet. (4 RR 94). He opined that the bullet in the photo was a .22 long rifle J because of his experience with a .22. (4 RR 94). He did not request any ballistic
J tests on the revolver or shells. ( 4 RR 95).
J Officer Laketh McKinney (Brazos County Sheriffs Department) testified
that he was a detention officer in the jail. (4 RR 96). On August 29, 2012, he J supervised Appellant in the jail. (4 RR 96). When he told Appellant that he needed J ] I j, to follow the rules, Appellant replied "that he was in jail for not following the l rules, and he wasn't about to start now." (4 RR 97).
J On cross-examination, McKinney agreed that "every word out of this man's
[Appellant's] mouth was exactly what he means." (4 RR 99). McKinney noted that it was an ongoing thing for Appellant to not do what he was being asked to do. (4
RR 98).
State's exhibit 14 (stipulation that Appellant was the same person convicted of possession of methamphetamine, as listed in the indictment) was admitted. (4
RR 99). ] Appellant's evidence during guilt-innocence ] Monishia Campbell stated she was in a relationship with Appellant for ] about two years. (4 RR 113). On February 16, 2012, she and Appellant were
J arrested. The day before her arrest, she was mad at Appellant and had packed her
things; she grabbed whatever clothes and a gun, placed it in a bag and left. ( 4 RR J 114). On the day she was arrested, she had called Appellant to come pick her up; J they got pulled over. (4 RR 114). The revolver was hers, and not Appellant's. (4 ] RR 115-116). She did not remember.where she had put the revolver when she left; j in the heat of the moment, she just stuffed wherever she could. (4 RR 116). She
n covered it up because she did not want Appellant to know that she had it; he was a j felon, and she did not want to get him in trouble: (4 RR 117). ] ] The jacket in question was Appellant's, but she wore all his jackets. ( 4 RR ] 118). She opined that Appellant did not know that the gun was back in the truck. (4
] RR 119). She admitted that she had a conviction for possession of crack cocaine out of Galveston County, and she was on probation at the time of her arrest. (4 RR ]
120). She was arrested on the Galveston County warrant when they were pulled l over in Bryan. (4 RR 120). Her probation was later revoked, and she did eight months in Galveston County. (4 RR 120). She also had convictions for theft and ] prostitution. (4 RR 122).
] During cross-examination, Campbell agreed that she had spoken with the prosecutor out in the hall the day before she testified. (4 RR 121). During that time, ] she told the prosecutor that she had wrapped the gun in clothes and put it in a black duffle bag with the rest of her clothes. (4 RR 126). She also said that the gun was
J still wrapped up in her clothes and in that black duffle bag when they got pulled
over. ( 4 RR 126). Campbell stated that the gun should have been in the duffle bag. J (4 RR 126). Before theywere pulled over, there was no reason to have the gun out. ] (4 RR 127).
1 Campbell stated that the jacket (State's exhibit 10) was Appellant's. (4 RR
129, 130). Appellant's mother had given the jacket to him a few months before the stop; the jacket was significant because it had survived a fire. ( 4 RR 127). She had told the same thing to Ledesma at the time of her arrest. (4 RR 127, 132).
Campbell stated that Appellant was wearing the camouflage jacket when they were anested, not her. (4 RR 128). The jacket (State's exhibit 10) was in the duffle bag
in the back seat area at the time of her anest. ( 4 RR 128). Again, she wrapped the gun in .clothes and stuffed it in the duffle bag; she did not stick it in a particular pocket of the jacket. (4 RR 130). 1 J She was not aware that her conversation with Ledesma, after her anest, was
videotaped. (4 RR 132). She now testified that, when Ledesma asked about the gun, she wasn't really surprised, just scared. ( 4 RR 133). She admitted that she
immediately told Ledesma, at time of het anest, "no, no, no, no, no, that's not my ] gun .... " (4 RR 133). She also told Ledesma "That's Hillbilly's [Appellant's] ] jacket, and I didn't know that there was a gun. It's not my gun. It's not my gun." (4 ] RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long
] time?'' (4 RR 134). She testified that, at the time of their anest, she knew
Appellant was a convicted felon, and it would be bad for Appellant if he were J caught witha gun. (4 RR 135). She also told the officer who transported to jail that J she "had no idea that there was a gun in the car." ( 4 RR 136).
1 On re-direct, Campbell stated that she wasn't completely truthful with
J Ledesma because she did not know if she had a wanant for her anest or if she had a felony. ( 4 RR 138). She was not present when the officers inventoried the truck. 1 (4 RR 141). ] State's rebuttal evidence during guilt-innocence
Investigator Ricardo Ledesma was recalled. (4 RR 144). The entire, unredacted video/audio of State's exhibit 3, showing the stop, was played for the '---· ... l ' ,,
jury. 5 (4 RR 143-144). It sh~wed Campbell wearing the camouflagejacket. (4 RR 144). Appellant was wearing a black cut off t-shi1i and camouflage pants. (4 RR 145). Appellant was not wearing a jacket at the time of his arrest.· (4 RR 145). Again, Appellant told Ledesma that the leather jacket (State's exhibit 10) was not his. (4 RR 146). At no time did Campbell ever tell Ledesma that the revolver was hers. (4 RR 146). A few weeks later, Ledesma spoke to Campbell again in the jail; she did not say that the gun in the truck was hers at that time, either. (4 RR 147). Investigator Terry Young stated that the leather jacket was not found inside the black duffle bag that contained all Campbell's clothing. (4 RR 155). Investigator Jason Ware stated he was on scene when Investigator Young inventoried the truck; when Young recovered the jacket, it was not removed from any kind ofbag. (4 RR 159). On cross-examination, Ware said he did not know exactly where in the truck 1 5 The unredacted version of State's exhibit 3 was admitted to impeach the testimony of . Campbell. Specifically, the prosecutor noted th(:l.t: J ... I asked her [Campbell] three or four different times three or four different ways if that conversation she was talking about with Ledesma where she told him 1 it was not defendant's gun was at the scene that day. She very clearly said: "Yeah, · it was at the scene that day." Once she found out she was being videotaped, on redirect, she changed her testimony and said that happened later. (4RR 143).
l l it was; just that it was in the backseat area. (4 RR 159). ] SUMMARY OF THE ARGUMENT j No.1 j Appellant claims that the evidence is legally insufficient to establish enough
links connecting him to the fireatm. Here, the evidence shows that Appellant , 1 exercised control, management, or care over the revolver.
Nos. [2] & 3
Appellant claims, in his second issue, that the trial court erred when it denied
Appellant's motion to suppress evidence following an alleged unjustified stop.
] However, officers had reasonable suspicion to stop the vehicle Appellant was driving J in order to identify him and his passenger and serve outstanding arrest warrants. ] In his third point of error, Appellant claims that the trial court erred when it
] denied Appellant's motion to suppress evidence following an alleged illegitimate
inventory search. Appellant argues that (1) Appellant's father should have been J contacted to retrieve the vehicle and (2) the inventory did not list every item of l property, and thus, did not comply with the guidelines and procedures of the Brazos
J County Sheriffs Department.
J Texas courts have generally found impoundment to be reasonable when the driver was alone when arrested or when passengers could not show they were ] licensed drivers. Here, both Appellant and Campbell were placed under arrest. ~ J
1 ] Both the inventory list and policy were admitted. Although the inventory list
1 did not include every piece of property, there is no evidence in the record that the l department's standardized procedures were not followed.
No.4
Appellant argues that trial counsel failed to present the motions to suppress
prior to trial; he claims that counsel was ineffective, "in the event that the Court ] determines that the complaints presented in Points of Error Two and Three were ~
J not preserved for review." Because the trial comi properly denied the motions to
] suppress, trial counsel cannot be held to be ineffective.
No.5
Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told
Appellant that he needed to follow the rules, Appellant replied "that he was in jail
for not following the rules, and he wasn't about to start now." Before trial began, J counsel objected based on relevance and whether its probative value was ] substantially outweighed by the danger of unfair prejudice. However, said ] evidence was properly admitted to show Appellant's intent, which was contested.
STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.1
The evidence was legally sufficient to prove that Appellant 1 intentionally and knowingly possessed the revolver.
] In his first point of error, Appellant claims that the evidence 1s legally insufficient to support the jury's verdict. He argues that the "State failed to establish l J enough links connecting Appellant to the frreann." (Appellant's brief, p. 13).
Standard of review
] The standard for reviewing the legal sufficiency of evidence is whether, viewing the evidence in the light most favorable to the jury's verdict, any rational ] trier of fact could have found beyond a reasonable doubt all the· essential elements J ofthe offense charged. Jackson v. Virginia, 443U.S. 307, 319 (1979); Skillern v.
] State, 890 S.W.2d 849, 879 (Tex. App.-Austin 1994, pet. refd). The standard of ] review is the same in both direct and circumstantial evidence cases. King v. State, 895 S.W.2d 701, 703 (Tex. Crim. App. 1995). The State may prove its case by ] circumstantial evidence if it proves all of the elements of the charged offense ] beyond a reasonable doubt. Easley v. State, 986 S.W.2d 264, 271 (Tex. App.-San
] Antonio 1998, no pet.)(citing Jackson, 443 U.S.' at 319). The sufficiency of the evidence is determined from the cumulative effect of all the evidence; each fact in J isolation need not establish the guilt of the accused. Alexander v. State, 7 40 ] S.W.2d 749, 758 (Tex. Crim. App. 1987). ] It is important to remember that all the evidence the jury was permitted,
j properly or improperly, to consider must be taken into account in determining the legal sufficiency of the evidence. Garcia v. State, 919 S.W.2d 370, 378 (Tex. ] Crirh. App. 1994). J J
l The jury is the exclusive judge of the facts proved, the weight to be given l the testimony, and the credibility of the witnesses. See Tex. Code Crim. Proc. art.
J 38.04; Alvarado v. State, 912 S.W.2d 199, 207 (Tex. Crim. App. 1995). The jury is
free to accept or reject any or all of the evidence presented by either party. Saxton J v. State, 804 S.W.2d 910, 914 (Tex. Crim. App. 1991). The jury maintains the power to draw reasonable inferences from basic facts to ultimate fact. Hernandez v. State, 939 S.W.2d 692, 693 (Tex. App.-Fort Worth 1997, pet. refd).
] Moreover, the reconciliation of evidentiary conflicts is solely within the province
] of the jury. Heiselbetz v. State, 906 S.W.2d 500, 504 (Tex. Crim. App. 1995).
Under the Jackson standard, the reviewing court is not to position itself as a ] thirteenth juror in assessing the evidence; rather, it is to position itself as a final
due-process safeguard insuring only the rationality of the fact finder. Moreno v. State, 755 S.W.2d 866, 867 (Tex. Crim. App. 1988). It is not the reviewing court's duty to disregard, realign, or weigh the evidence. Jd. The jury's verdict must stand ]
unless it is found to be irrational or unsupported by more than a "mere modicum" J of evidence, with such evidence being viewed in the light of Jackson. !d. The
1 legal sufficiency of the evidence is a question of law. McCoy v. State, 932 S.W.2d
720, 724 (Tex. App.-Fort Worth 1996, pet. refd).
Applicable caselaw-knowing possession
Applicable caselaw regarding proof of a knowing possession is found in ] J
1 Bollinger v. State, 224 S.W.3d 768 (Tex. App.-Eastland 2007, pet. ref d): l J
,l We analyze the sufficiency of the evidence to prove possession of a J firearm by a felon under the rules adopted for determining the sufficiency of the evidence in cases of possession of a controlled substance. Nguyen v. State, 54 S.W.3d 49, 52 (Tex.App.-Texarkana J 2001, pet. refd). The State must prove the following: (1) that the accused exercised actual care, control, or custody of the firearm; (2) J that he was conscious of his connection with it; and (3) that he possessed the firearm knowingly or intentionally. Id. (citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.l995)). J 2. Possession. J A person commits a possession offense only if he voluntarily possesses the prohibited item. TEX. PEN.CODE ANN. § 6.0l(a) ] · (Vernon 2003). Possession is a voluntary act "if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to tenninate his control." TEX. PEN.CODE ANN.§ 6.0l(b) (Vernon 2003). The ~tate does not have to prove that the accused had exclusive possession of J the firearm; joint possession is sufficient to sustain a conviction. Cude v. State, 716 S.W.2d 46,47 (Tex.Crim.App.1986). The State can meet ] its burden with direct or circumstantial evidence, but it must establish that the defendant's connection ·with the firearm was more than fortuitous. Brown, 911 S.W.2d at 747. ] When the firearm is not found on the accused's person or is not J in the accused's exclusive possession, additional facts must affirmatively link the accused to the firearm. Jones v. State, 963 S.W.2d 826, 830 (Tex.App.-Texarkana 1998, pet. refd} Factors that ] may establish affirmative links include the following: whether the firearms were in a car driven by the accused, whether the firearms ] were in a place owned by the accused, ·whether the firearms were conveniently accessible to the accused, whether the firearms were found , in an enclosed space, and whether the accused made any J affmnative statement connecting him to the firearms. Corpus v. State, 30 S.W.3d 35; 38 (Tex.App.-Houston [14th Dist.] 2000, pet. refd). No J set formula of facts exists to dictate a finding of affirmative links J
l J sufficient to support an inference of knowing possession. Taylor v. l State, 106 S.W.3d 827, 830 (Te~App.-Dallas 2003, no pet.). The affirmative links ordinarily emerge from an orchestration of several factors and the logical force they have in combination. Nguyen, 54 l S.W.3d at 53. Bollinger v. State, 224 S.W.3d at 773 -774.
Applicable holding-knowing possession offirearm · l In Stout v. State, no. 01-11-00773.:...CR, 2012 WL 5457470 (Tex. App.- J
] Houston [1st Dist.] November 8, 2012, no pet.)(not designated for publication) the comi found that the defendant knowingly possessed the firearm in question: ] The State's evidence establishes a number of links between Stout and the gun. First, Stout was driving the vehicle at the time the J gun was found. See Bates, 155 S.W.3d at 217 (relying, in part, on evidence that defendant was driver of borrowed vehicle in which gun was found inside compartment under front passenger seat and that other people who had access to vehicle denied knowledge of gun). Second, the other passengers in the vehicle denied that the gun belonged to them, as did the vehicle's owner; there was no evidence tending to contradict these assertions. See id. Third, although Stout ] did not. own the vehicle, the jury could have inferred that he had a greater right to possession of the vehicle than the other two passengers because the vehicle belonged to Stout's mother. l61 See id.; Bell v. j State, 356 S.W.3d 528, 533 (Tex.App.-Texarkana 2011, pet. granted) (observing that jury could reasonably conclude that defendant had J greater right to possession of vehicle than other occupant because vehicle belonged to defendant's wife or girlfriend). Fourth, Stout was in close proximity to the gun and had access to it from the driver's J seat. See Robinson v. State, 174 S.W.3d 320, 326 (Tex.App.-Houston [1st Dist.] 2005, pet. refd) (observing that contraband was ] "conveniently accessible" to defendant whert it was "within the close vicinity of the accused and easily accessible while in the vehicle so as to suggest that the accused had knowledge of the contraband and
6 In this case, the truck, that Appellant was driving, was registered to his father. ( 4 RR 73). J He had a greater right to possession ofthe vehicle than Campbell.
J exercised control over it."). Stout v. State, 2012 WL 5457470, *2.
Discussion
Here, the following evidence shows that Appellant exercised control, management, or care over the revolver:
• Both Appellant and Monishia Campbell had warrants for their arrest. (4 RR
28, 75).
1 • A marked patrol car was sent in to make the stop of the vehicle. (4 RR 31 ). j The truck did not immediately stop. (4 RR 32). The truck stopped after an
unmarked police car pulled in front of Appellant's truck, and the driver of ] the unmarked car got out and pointed a weapon. (4 .RR 33 ).
J • Appellant was driving the vehicle, and Campbell was in the front passenger
seat. (4 R 43; State's exhibit 3). The vehicle was registered to Appellant's ] father. ( 4 RR 73 ). J • The back compartment area (behind the front seats) was a small extended
J area. ( 4 RR 3 7). It contained clothing, a cane and a bag with more clothing.
J (4 RR 38). The bag with clothing appeared to belong to Campbell because it contained small women's clothing, and Campbell was "very petite." (4 RR J 38).
] j 18 • A large, black leather jacket (State's exhibit 10) was also in the back compartment behind the seats and was not in the bag of clothing. (4 RR 39). A .22 revolver (State's exhibit 11) was found in the pocket. (4 RR 40). • Appellant was not wearing ~jacket when the truck was stopped. (4 RR 56). Although it was a cool day on February 16th (4 RR 82), Appellant was wearing only a tank top and camouflage pants. (4 RR 43). Inv. Young ] concluded that the jacket belonged to Appellant because it was an extr~ hu·ge ] size and would fit Appellant, as opposed to Campbell. The video of the stop ] and inventory (State's exhibit 3) also shows Campbell to already be wearing a jacket. (4 RR 57). ·· '"/ ] • At the time of his arrest, Appellant denied owning the jacket (State's exhibit ] 10). (4 RR 86). J • At the time of her arrest, Campbell told Inv. Ledesma "That's Hillbilly's [Appellant's] jacket, and I didn't know that there was a gun. It's not my gun. J It's not my gun." (4 RR 134). She also asked Ledesma: "Is Hillbilly going to get in trouble for a long time?'' (4 RR 134). • At trial, Campbell confirmed that the jacket belonged to Appellant because his mother had given it to him. (4 RR 127). J • Campbell testified that, at the time of their arrest, she knew Appellant was a convicted felon, and it would be bad for Appellant if he were caught with a J ] gun. (4 RR 135). She also told the officer, who transported her to jail, that ] - she "had no idea that there was a.gun in the car." (4 RR 136).
] I • When Officer McKinney told Appellant that he needed to follow the rules, ] Appellant replied "that he was in jail for not following the rules, and he
wasn't about to start now." ( 4 RR 97). ] • Although Campbell later testified, on behalf of Appellant, that the revolver J was hers, said testimony was impeached:
);;-- Campbell admitted that she was a convicted felon.(4 RR 120).
] );;-- Campbell erroneously testified that Appellant was wearing the camouflage jacket when they were arrested. ( 4 RR 128). J );;-- Campbell erroneously testified that the jacket (State's exhibit 10) J was in the duffle bag in the back seat area at the time of her arrest
J (4 RR 128).
] );;-- She stated that she wrapped the gun in clothes and stuffed it in the duffle bag; she did not stick the revolver in the jacket's pocket. (4 J RR 130). ] );;-- Again, the leather jacket was not found inside the black duffle bag
J that contained all Campbell's clothing. (4 RR 155, 159).
Viewing the evidence in the light most favorable to the verdict, the logical J ' force from the above links is sufficient for the jury to have concluded beyond a J l
I I reasonable doubt that Appellant exercis~d care, custody, control, or management i - over the revolver. See Stout v. State, 201:zl WL 5457470, *2. I
Appellant first point of error is wit~out merit and should be ove1ruled. I
I STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.2 J I The trial court did not err in/I denying Appellant's motion to ] suppress evidence where the stop was legal. (4 RR 100-103, 108- 111). i J I STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.3 I . ] The trial court did not err in1 denying Appellant's motion to suppress evidence where the resJiting inventory of the vehicle was I proper. (4 RR 103-107, 111). j J
In his second point of error, Appel\ant claims that the trial court erred when it ] l denied Appellant's motion to suppress evidence following an unjustified stop. In his ] third point of error, Appellant claims that I \ the trial court erred when it denied . I I
~ I
Appellant's motion to suppress evidence ifollowing an illegitimate inventory search. I
Because Appellant argues both together, tpe State will respond in kind. I Applicable law-standard of review and r~asonableness of stop . I i In Hurtado v. State, 881 S.W.2dI 738, 741-742 (Tex. App.-Houston [1st ! I J Dist.] 1994, pet. ref d), the court held/ that a police officer's initial stop of the I I J defendant's vehicle was valid: i
A trial court's ruling on a i motion to suppress will not be set aside absent a showing of abuse /of discretion. Maddox v. State, 682 S.W.2d 563, 564 (Tex.Crim.Appll985); Santos v. State, 822 S.W.2d I
338, 339 (Tex.App.-Houston: [1st Dist.] 1992, pet. refd). To- I
I I
]
] determine whether the trial court abused its discretion, the evidence is viewed in the light most favorable to the ruling. Daniels v. State, 718 J S.W.2d 702, 704 (Tex.Crim.App.1986). At the hearing on a motion to suppress, the trial judge is the sole fact finder and, a~ such, may J believe or disbelieve all of or any part of any witness' testimony. Taylor v. State, 604 S.W.2d 175, 177 (Tex.Crim.App. [Panel Op.] 1980); Santos, 822 S.W.2d at 339. Any finding supported by the J record will not be disturbed on appeal. !d. 1 J The stop
In his first point of error, appellant contends the trial court erred J in overruling his motion to suppress and admitting evidence at trial that was the fruit of an illegal stop. J Appellant urges that outstanding warrants issued to persons using the dealer's paper license tag were insufficient to provide J reasonable~ suspicion that criminal activity was afoot, or that appellant was connected to the activity; therefore, he reasons, the stop was ] illegal. He first argues that because the State failed at the suppression hearing to present any of the warrants, or any information as to who issued the warrants, there was no evidence of reasonable suspicion of J · criminal activity to justify the investigative stop. ·;:Alternatively, he argues, there was no description of any person to -be arrested under ] any of the ,warrants to justify the seizure of appellant:.~
An officer may briefly stop a suspicious individual in order J to determine his identity or maintain the status quo momentarily while obtaining more information. Haag v. State, 728 S.W.2d 375, ~ ~ 380 (Tex.Crim.App.1987). To justify such an initial detention, the officer must be able to point to specific and articulable facts ] which, in ·light of his experience or personal knowledge, together with inferences drawn from the facts, reasonably warrant the intrusion. Id. at 380. The "specific and articulable facts" must J objectively support (1) a reasonable suspicion by the officer that some activity out of the ordinary is occurring or has occurred, (2) some ] suggestion to connect the person detained with the unusual activity~ and (3) some indication that the activity is related to a crime. Id.
J ]
Here, Officer Ortiz initially stopped appellant's automobile because his license check through his patrol car computer showed 1 .J there were outstanding warrants for several persons who had . operated a motor vehicle using this particular dealer's tag. Ortiz's ] purpose in stopping appellant was to determine if he was a person nained in any of the outstanding warrants. Ortiz's suspicion that appellant might be a person named on the warrants was reasonable. Ortiz's reasonable suspicion did not need to rise to the level of probable cause to believe appellant was the subject of one or more of the warrants in order to authorize him to stop appellant's car. See Stone v. State, 703 S.W.2d 652, 654 (TeX:~Crim.App.1986).
Appellant does not dispute that Officer Ortiz received infonnation through his computer, as Ortiz testified. "A reasonable suspicion [to justify an investigative stop] may be based on articulable facts, even if such facts are ultimately shown to be inaccurate or false." Kelly v. State, 721 S.W.2d 586; 587 (Tex.App.-Houston [1st Dist.] 1986, no pet.) (police officer had reasonable suspicion to stop J based on erroneous information that vehicle was stolen). The fact that appellant was not named in one of the outstanding warrants did not retroactively diminish Officer Ortiz's ability to stop appellant's vehicle J and determine his identity and whether he was the subject of one or more of the warrants. Here, no warrant was introduced l7l because a J warrant was not ultimately the basis for appellant's arrest. Having stopped appellant, Ortiz was entitled to, and did, request appellant to ] present his driver's license and identification. TEX.REV.CIV.STAT.ANN. arts. 6687b, § 13 & 6701h, § lB(a) (Vernon Supp.1994 ). By doing so, Ortiz promptly learned that appellant had no driver's license, for which he could be ticketed or arrested. TEX.CODE CRJM.P.ANN. art. 14.01(b) (Vernon 1977). Thus, the initial temporary detention was legal. We overrule appellant's first point of error. Hurtado v. State, 881 S.W.2d at 741-742.
In Rojas v. State, no. 01-94-00550-CR, 1995 WL 134876 (Tex. App.-
J 7 Here, the warrants were admitted as State's exhibits 1 and 2 for purposes of the motion to suppress. (4 RR 19). At trial, Appellant did not contest whether the warrants were valid. (4 RR ] 17).
J I I J Houston (1st Dist.] March 30, 1995, pet. ref d)(not designated for publication), the l _J court also held that the stop of the vehicle was based on reasonable suspicion:
J The informant told the officer that the appellant and another would be at the house and would leave in a blue Cadillac. Observation by the surveillance officers confirmed the informant's information. When the J officers stopped the appellant, Officer Prendergast told the appellant he was conducting a narcotics investigation and asked if he would J consent to a search of the car. Based on these facts, the trial court could have reasonably concluded that reasonable suspicion existed at the time of the stop to detain the appellant. See Fonseca v. State, 881 J S.W.2d 144, 150 (Tex. App.-Corpus Christi 1994, no p"et.) (officers had reasonable suspicion relying on information obtained fro~ J reliable informant, substantiated by police observation); Sandoval [v. State], 860 S.W.2d [255, 258 (Tex. App. Houston [1 51 Dist.] March 30, 1995, pet. refd)](officers, who were acting on information from J the defendant's cousin that was substantiated by their observations, made reasonable investigative detention). J Law enforcement officers are not required to look the other way and permit a crime to occur or a criminal to escape~ Sandoval, J 860 S.W.2d at 259. Rojas v. State, 1995 WL 134876, *5-6. (emphasis added). J Applicable law-inventory search
J In Yaws v. State, 38 S.W.3d 720, 724 (Tex. App.-Texarkana 2001, pet.
J ref d), the court noted:
l After .making a lawful arrest, an officer may search a J suspect's vehicle for the purpose of taking an inventory. Colorado v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987); J Stephen v. State, 677 S.W.2d 42, 44 (Tex.Crim.App.1984); Backer v. State, 656 S.W.2d 463, 464 (Tex.Crim.App.1983). Such a search is
J lawful as a valid exception to the warrant requirement of the Fourth Amendment because the policies behind the warrant 'requirement are not implicated in an inventory search. Bertine, 479 U.S. at 371, 107 J S.Ct. 738. In fact, issues of probable cause are irrelevant because J l I I
I _j inventory searches are conducted not to investigate criminal activity, J but to protect the owner's prope1iy while it is in police custody to ensure against claims of lost, stolen, or vandalized property and to guard the police from danger. !d. at 371-72, 107 S.Ct. 738; Illinois v. J Lafayette, 462 U.S. 640, 643-44, 646-47, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983). l J An inventory search is permissible if it is conducted according to a standard administrative procedure and is not J merely "a ruse for a general rummaging in order to discover incriminating evidence." Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990); see also Lafayette, 462 U.S~ at 646, 103 J S.Ct. 2605. The State has the burden of demonstrating compliance with its procedure, and its failure to show evidence that the search was J conducted pursuant to its procedure invalidates the search. Gauldin v. State, 683 S.W.2d 411, 415 (Tex.Crim.App.1984), overruled on other
J grounds, State v. Guzman, 959 S.W.2d 631 (Tex.Crim.App.1998).
However, adherence to a procedure, by itself, will not justify an J inventory search if the initial seizure of the vehicle violates the defendant's rights. See Stephen, 677 S.W.2d at 44 n. 1. Before an
J inventory search is lawful, there must first be a lawful impoundment. Daniels v. State, 600 S.W.2d 813, 814 (Tex.Crim.App. [Panel Op.] 1980); Benavides v. State, 600 S.W.2d J 809, 810 (Tex.Crim.App. [Panel Op.] 1980). An impoundment is lawful if, among other reason~, "the driver is removed from his
J automobile and . placed under custodial arrest and no other alternatives are available other than impoundment to insure the protection of the veh.icle." Benavides, 600 S.W.2d at 811; see also l _I Daniels, 600 S.W.2d at 814-15.
Yaws contends the sheriffs office policy ignored the reasonable J alternative of having his wife come to the scene within fifteen minutes to take possession of his truck. However, Texas courts have generally J found impoundment to be reasonable when the driver was alone when arrested or when passengers could not show they were licensed drivers. Stephen, 677 S:W.2d at 43-44 (passenger unable to produce J identification or driver's license); Backer, 656 S.W.2d at 464 I (defendant alone when arrested on a public street a-p.d police could not J contact friend for whom defendant requested the car be left); Daniels, J
600 S. W.2d at 814-15 (passengers did not have operators' licenses and both the defendant's identity and the vehicle's owner were in doubt). Courts have not required police to try to contact a relative or friend of the accused to come to the scene to take possession of the vehicle.
In the present case, there is no indication .that the police J were using the inventory search as a pretext for discovering evidence. The officers testified about Bowie County's policy ] regarding inventory searches and impoundments, and their adherence to that policy. The officers acted reasonably to protect the truck and its contents. We overrule Yaws' contention.
The trial court's judgment is affirmed. J Yaws v. State, 38 S.W.3d at 722 -723.(emphasis added).
Discussion
As to the stop, Appellant simply argues that, while Ledesma testified that the J C. I. was reliable, he did not corroborate the C.I.' s tip that Appellant was driving a
J vehicle of that description. (Appellant's brief, p. 21). Here, Young's and Lede~ma's
J purpose in stopping Appellant was to execute a valid arrest warrant pending on
] both Appellant and Campbell. Testimony indicated that Appellant was recognized
as he was driving. (4 RR 31 ). Consequently/the _tip was corroborated because the_ J _i
arrest warrant was confirmed, and· Appellant was determined to be driving the J vehicle by police. Even so, Hurtado mandates that "[a]n officer may briefly stop a J suspicious individual in order to determine his identity .... " Id. at 741. Thus, the J 8 Moreover, law enforcement officers are not required to look the other way and permit a crime to occur or a criminal to escape. Rojas v. State, 1995 WL 134876, *6. J J facts of this case are even stronger than those found in Hurtado, where the reason for the stop was to determine if anyone in the vehicle had any of the outstanding warrants. As in Hurtado and Rojas, the initial stop was legal.
As to the inventory search, Appellant argues that (1) Appellant's father should have been contacted to retrieve the vehicle and (2) the inventory did not list every
item of property, and thus, did not comply with the guidelines and procedures of the Brazos County Sheriffs Department. (Appellant's brief, p. 23).
Appellant's initial argument was overruled in Yaws, 38 S.W.3d at 724.
("Texas courts have generally found impoundment to be reasonable when the 1 driver was alone when· arrested or when passengers could not show they were J licensed drivers."). In this case, both Appellant and Campbell were placed under J arrest and thus, the impoundment was reasonable.
J Although the inventory list did not include every piece of prope1iy, there is ---·-· ----~---- ...• --- .. . -. ·-·· .. -- .. ~- no evidence in the record that the department's standardized procedures were not·.
followed. As noted in the policy , it does not require that every item be J inventoried -- only "items · of value ·~hall be recorded on the Vehicle Inventory .·.'
J Report." (6 RR State's exhibit 16, Ill; B., 3)(emph~sis added). Her~·, Young
J described that the property in the vehicle was inventoried to make sure nothing was
j 9 The inventory list was admitted during the hearing as State's exhibit 15. (4 RR 90). 10 The "Inventory Search Policy" was admitted during the hearing as State's exhibit 16. (4 RR 107).
.1 l .J
damaged or stolen before the vehicle is towed to a secure location. (4 RR 35, 63). ] In this case, the truck was properly inventoried by Young and Deputy Ficke after
J Appellant's an;est. (4 RR 36, 38). Compare US. v. Loaiza~Marin, 832 F.2d
867 (5th Cir. 1987): J ... the agent's failure to complete the inventory forms does not mean J that the search was not an inventory search. Upon discovering the cocaine, the agent turned I;oaiza over to the D.E.A. and therefore had no reason to complete the inve:ptory form. Although the Border Patrol J procedures indicate that the forms should have been completed, other courts addressing the same issue ,have concluded that failure to J compile the written inventory does not render the inventory search invalid. See United States v. Trullo, 790 F.2d 205, 206 (1st Cir.1986); United States v. O'Bryant, 775 F.2d 1528, 1534 (11th Cir.l985). We do likewise. Id. at 869. J There is also no evidence in the record to support Appellant's contention J that the inventory search was, a "mere pretext for investigation." Young testified l that the inventory is done "to preserve the person's property in their vehicle, make
sure nothing happens to it, that it's not stolen, damaged, whatever..~." (4 RR 35). ] Young stated that he was not looking for evidence: "we're just going through and J making a list of all the items that are in the vehicle so that we can show that this is
what was present in it when it was picked up by the wrecker." (4 RR 36). Again, the inventory was properly conducted after both Appellant and Campbell were arrested on valid warrants. See Diltz v. State, 172 S.W.3d 681 (Tex. App.-
Eastland 2005, no pet.):
I /
.. .inventory search of defendant's vehicle was· perfonned in accordance with standard police department policy. The officer testified that the police department has a written inventory policy. The officer also testified that, pursuant to police department policy, a wrecker was called prior to the inventory search. The officer further testified that the inventory search was not begun until after appellant ] was placed under arrest. There is no evidence in the record that the department's standardized procedures were not followed. There is also no evidence in the record to support appellant's contention that ] the inventory search was a "mere pretext for investigation." Id. at 685.
Appellant's second and third points of error are without merit and should be overruled.
] STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.4
Appellant was not denied effective assistance, for allegedly failing ] to timely urge his motions to suppress, where. the trial court properly overruled his motions. ] Appellant argues that trial counsel failed to present the motions to suppress J prior to trial ; he claims that counsel was ineffective, "in the event that the Court determines that the eomplaints presented in Points of Error Two and Three were not preserved for review." (Appellant's brief, p. 24). The State adopts its response to points of error two and three, supra, and responds as follows.
11 A trial court's decision to hold a pretrial hearing on a suppression motion is discretionary with the court. Tex. Code Crirri. Proc. art. 28.01, § 1; Calloway v. State, 743 S.W.2d 645, 649 (Tex. Crim. App. 1988). A trial court may elect to determine the merits ofthe motion during trial when the defendant lodges a proper objection. Jd. Even if a pretrial motion to suppress is called 1 to the attention of ~he trial court, no error is presented if the trial court, in its discretion, declines to hear the same. Calloway, 743 S.W.2d at 649. While the court is not required to hear any pretrial motion to suppress evidence, the accused retains his right to raise any appropriate ] objection at trial. Id In order to prove an ineffective assistance of counsel claim, a defendant J must show ( 1) by a preponderance of the evidence, that counsel's performance was l j so deficient that he was not functioning as acceptable counsel under the Sixth
] Amendment, and (2) there is a reasonable probability that, but for counsel's error or omission, the result of the proceedings would have been different. Strickland v. J Washington, 466 U.S. 668, 687-96 (1984); Thompson v. State, 9 S.W.3d 808, 812 ] (Tex. Crim. App. 1999).
J Appellant's ineffective-assistance claim fails because he did not meet his lJ burden under the Strickland test. With respect to the first Strickland prong, to argue
successfully that trial counsel's failure to object amounted to ineffective assistance J of counsel, Appellant must demonstrate, at a minimum, that the trial court would J have committed error in overruling the objection in question.· See Ex parte
J Martinez, 330 S.W.3d 891, 901 (Tex. Crim. App. 2011); Jagaroo v. State, 180
S.W.3d 793, 800 (Tex. App.-Houston [14th Dist.] 2005, pet. ref d) ("Before this J court may conclude counsel was ineffective for failure to make an objection, J appellant must show the trial court would have erred in overruling the objection.").
J Appellant has failed to make this showing. Here, counsel objected, and the trial
~ court properly denied the motiqn.
Appellant's fourth point of error is without merit and should be overruled. J l J ]
--, _j
J r STATE'S REPLY TO APPELLANT'S POINT OF ERROR NO.5 I _j The trial court did not err when it admitted extraneous evidence of a statement made by Appellant over relevance and Rule 403 J objections. (4 RR 9-15). J Appellant claims that the trial court erroneously admitted extraneous evidence of his statement made to a jailer. Specifically, when the jailer told J Appellant that he needed to follow the rules, Appellant replied "that he was in jail J for not following the rules, and he wasn't about to start now." (4 RR 97). Before J trial began, counsel objected based on relevance (4 RR 11) and whether its l probative value was substantially outweighed by the danger of unfair prejudice. (4 J RR 12). The trial cou~ overruled the objections. (4 RR 15). Said evidence was J properly admitted to show Appellant's intent, which was contested. J Standard of review \ J The admissibility of evidence, including evidence that may have implicated J an extraneous offense or other bad act, is reviewed under an abuse of discretion standard. See Montgomery v. State, 810 S.W.2d 372, 391 (Tex. Crirn. App. 1990). J As long as the trial court's ruling is within "the zone of reasonable disagreement," J there is no abuse of discretion. See Rachal v. State, 917 S.W.2d 799; 807 (Tex. J Crim. App. 1996). The trial court is entitled to considerable deference with regard to its determinations of fact, and so long as it is correct on any theory of law, the J trial court's ruling should be sustained. See Romero v. State, 800 S.W.2d 539, 543- J J
44 (Tex. Crim. App. 1990).
Relevance
As noted in Broadnax v. State, no. AP-76207, 2011 WL 6225399 (Tex. Crim.
App. December 14, 2011):
Only relevant evidence is admissible. [footnote omitted] Relevant evidence is "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." J [footnote omitted] Therefore, to be relevant, evidence must be material and probative. [footnote omitted] Evidence is material if it is ] "shown to be addressed to the proof of a material proposition, i.e., any fact that is of consequence to the determination of the action.;, Broadnax v. State, 2011 WL 6225399, * 11.
Discussion-relevance
First, it must be noted that the Appellant provided no argument as to why the statement was not relevant. (Appellant's brief, p. 26). This presents nothing for review. Tex. R. App. P. 38.1(i) (stating that a brief must contain a clear and concise argument supporting the contentions made with appropriate citation to authority and the record); Lockett v. State, 16 S.W.3d 504, 505 n: 2 (Tex. App.-
Houston [1st Dist.] 2000, .pet. ref d) (holding that a conclusory statement supported by neither argument nor authority presents nothing for review) ..
In the alternative, the State was required to prove that Appellant possessed the firearm knowingly or intentionally. (CR at 1). See Brown v. State, 911 S.W.2d
744, 747 (Tex. Crim. App. 1995). Here, Appellant placed his intent at issue when
I I he denied owning the jacket that contained the revolver. (4 RR 86). Campbell also testified that she owned the gun (4 RR 116), and that Appellant was not aware that the revolver was in the truck. (4 RR 119). "The extraneous offense evidence is relevant because it logically makes elemental facts-intent and knowledge-more
· or less probable, and it makes the defense's evidence, attempting to undermine
these elemental facts, more or less probable." Swarb v. State, 125 S.W.3d 672, \ 683 (Tex. App.-Houston [1st Dist.] 2003, pet. dism'd).
Rule403
Tex. R. Evid. 403 provides: "Although relevant, evidence may be excluded
. if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence." Tex. R. Evid. 403. "Rule
403 favors admissibility of relevant evidence, and the presumption is that relevant evidence will be more probative than prejudicial." Montgomery, 810 S.W.2d at
3 89. "All Rule 403 rulings are subject to three general considerations: 1) the trial judge should exercise his power to exclude evidence under Rule_403 sparingly; 2)
the trial judge's discretion under Rule 403 is not an invitation to rule reflexively or without careful reasoning; 3) the trial judge may not exclude evidence merely because he disbelieves the testimony." State v. Mechler, 153 S.W.3d 435, 443-
444 (Tex. Crim. App. 2005)(Cochran, J. concurring)(footnotes omitted).
J I __j A Rule 403 analysis regarding unfair prejudice requires the trial court to J balance the following factors: j . 1. the inherent probative force of the proffered item of evidence along with
J 2. the proponent's need for that evidence, against
3. any tendency of the evidence to suggest decision on an improper basis, J 4. any tendency of the evidence to confuse or distract the jury from the main l _j Issues,
J 5. any tendency of the evidence to be given undue weight by a jury that has
J not been equipped to evaluate the probative force of the evidence, and I 6. the likelihood that presentation of the evidence will consume an J inordinate amount of time or merely repeat evidence already admitted. J Gigliobianco v. State, 210 S.W.3d 637, 641-42 (Tex. Crim. J\pp. 2006)(emphasis added). J Relevant facts-hearing J Concerning the Rule 403 objection, the court heard the following:
J Mr. Calvert [prosecutor]: Judge I think we limit the prejudicial effect
J by, of course, limiting the conversation to, you know, not a description of what was going on; and we do not talk about any of the escalation that ] happened after that.
J The Court: I understand you limit it, but is the limited portion even-.-
J Mr. Calvert: I don't believe it is, Judge.
J 34
The Court: -- prohibitive of the rules.
Mr. Calvert: I don't believe it is, Judge. I think in order for it to be admissible -- or excuse me, inadmissible, the probative effect has to substantially outweigh any -- or excuse_ me -- the prejudicial effect has to substantially outweigh the probative value.
The probative value in this case is you have a defendant who's in jail on this particular offense, which it's my understanding is- their defense is going to be it was no~ his gun. He didn't even know it was there. It belonged
to someone else. And yet under those circumstances and in the context of that defense, you have him telling somebody "I'm in here for not following } the rules."
J (4 RR 14).
Discussion-Rule 403
] A balancing of the above Giglio bianco factors shows that the trial court did not abuse its discretion in admitting the testimony concerning Appellant's J statement.
J 1. Probative Value
] -This factor "looks to the evidence's probativeness or how compellingly the evidence serves to make a fact of consequence more or less probable." State v. J Mechler, 153 S.W.3d at 440.
l I ,/
J Again, the State had to prove the following: (1) that the accused exercised 1 y J actual care, control, or custody of the firearm; (2) that he was conscious of his ] connection with it; and (3) that he possessed the firearm knowingly or intentionally. Brown v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1995).·The J State can meet its burden with direct or circumstantial evidence, but it must J establish that the defendant's connection with the firearm was more than ] fortuitous. Brown, 911 S.W.2d at 747.When the firearm is not found on the 1 j accused's person or is not in the accused's exclusive possession, additional facts . ~ ] must affirmatively link the accused to the firearm. Jones v. State, 963 S. W.2d 826, 830 (Tex. App.-Texarkana 1998, pet. refd). 1 j Here, the revolver was not on Appellant's person. He denied that the jacket ] was his. Campbell recanted what she had told Ledesma at the time of her arrest 1 ~ and, at trial, stated that the weapon was hers and that Appellant was not aware that it was in the truck. Thus, Appellant's statement (thaLhe was in jail for not J l following the rules, and he wasn't about to start now} is probative because it J assisted the jury in determining his intent. .He was acknowledging that he was in J jailfor an offense where he did not follow the rule-- that a felon cannot posses~ a · . . . . . . . ~/LZfi-l7· firearm. Th1s factor we1ghs m favor of adm1ssib1hty. ~- /A rA·I Jfh!. · ·; . /}? , • ~£ 1!. ,r, 'L--- J . ;0/tf 11-fj r.;J lri//JD/11 r 2. Need for the evidence J This factor includes a consideration of "whether the proponent has other ] ] evidence establishing this fact and whether this fact is related to a disputed issue." l Mechler, 153 S.W.3d at 441. As noted above, Campbell recan~ed-what s~e had told
J Ledesma at the time of her arrest and, at trial, stated that the weapon was hers and 1 that Appellant was not aware that it was in the truck. Appellant's statement was J related to a disputed issue - his intent. This factor also weighs in favor of 1 admissibility .. 1 J Again, the first two factors are weighed against the remaining four factors.
] 3. Unfair prejudice _,.._. ..
] This factor looks to whether the evidence has the potential to impress the jury in some irrational but indelible way. Mechler, 153 S.W.3d at 440. However, 1j Rule 403 does not exclude ·all prejudicial evidence, only "unfairly" prejudicial ] evidence. Id. As discussed above, the evidence of Appellant's statement was relevant and probative of Appellant's intent and knowleqge to commit the offense.
Therefore, the evidence is not unfairly prejudicial because it relates directly to the offense charged. See id. at 440-41.
4. Confusion of the issues ] In Mechler, the Court of Criminal Appeals note~ that because the evidence related directly to the charged offense, "a jury could not be distracted away from the charged offense regardless of the time required to present the results." Mechler, ~ 153 S.W.3d at 441. J 1 J
5. Misleading the jury l] This factor addresses whether the jury will be misled by the evidence when
J conducting a Rule 403 balancing test. '"Misleading the jury' refers to a tendency
of an item of evidence to be given undue weight by the jury on other than 1 emotional grounds." Gigliobianco, 210 S.W.3d at 641. As noted in Espinosa v. J State, 194 S.W.3d 703 (Tex. App.-Houston (14th Dist.] 2006, no pet.): ] Rule 403 of the Texas Rules of Evidence carries a presumption that relevant evidence must be more probative than prejudicial. Jones v. State, 944 S.W.2d 642, 652 (Tex.Crim.App.1996); Ho, 171 S.W.3d at 301. Evidence should be excluded only when there exists a clear ] disparity between the danger of unfair prejudice and the probative value of the evidence. Jones, 944 S.W.2d at 652. To be unfaiily prejudicial, there must be "an undue tendency to suggest [a] ,decision on an improper basis, commonly, though not necessarily, an emotional one." Rogers, 991 S.W.2d at 266. The jury's lack of '] familiarity with the interactions between people in jail and those guarding them does not create an undue tendency to suggest the jury will be inflamed by those statements and make a punishment · J decision on their emotions, rather than the facts before them. Espinosa v. State, 194 S.W.3d at 710. (emphasis added).
J 6. Undue delay and needless pres~ntation of cumulative evidence
J The time to develop the evidence was relatively short; the entire examination
of Officer Laketh McKinney took approximately four (4) pages of the reporter's 1 record. (4 RR 96-99). 1J Weighing all of the factors, while giving deference to the review of a Rule
403 determination, shows that the trial court did not abused its discretion by admitting evidence of Appellant's statement. See Powell v. State, 189 S.W.3d 285, i J
J J 289 (Tex. Crim. App. 2006)(holding that probative value of other-acts evidence ,_! l that defendant was on parole and that fireann was found on ground near driver's side of vehicle was not substantially outweighed by danger of unfair prejudice.).
Appellant's fifth point of error is without merit and should be overruled.
I PRAYER J Wherefore, premises considered, the State of Texas respectfully prays that
J the judgment of the trial court be affirmed. l _j Respectfully submitted, JARVIS PARSONS DISTRICT ATTORNEY J BRAZOS COUNTY, TEXAS
J J ~t@ Douglas owell, III J Assistant District Attorney State Bar No. 10098100
J CERTIFICATE OF SERVICE l J
I do hereby certify that a true and correct copy of the State's Brief was J mailed to Mary Hennessy, P.O. Box 2536, Brenham, TX 77833 on this 2/ day lJ of ~u'-) '2013. ] J J r . l I 1 J 1 .J
CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 9.4 · ] I certify that the foregoing document has a word count of 10,007 based '1 j on the word count program in Word 2003. .
J l J
J 1 J ] l J 1 j .40 1 ] CASE NO. 10-13-00049-CR ] IN THE COURT OF APPEALS FOR THE TENTH DISTRICT l AT WACO; TEXAS 1 DAVID DUANE GREER J vs. STATE OF TEXAS ] Appeal from the 272nd Judicial District Court of ] Brazos County, Texas Cause No. 12-03324-CRF-272 J ] BRIEF OF APPELLANT ] Attorney for Appellant: Attorney for Appellee: Mary Hennessy Jarvis Parsons J Law Office of Mary Hennessy Brazos County District Attorney P.O. Box 2536 Brazos County Courthouse ] 403 West Alamo Street Brenham, Texas 77833 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-277-0757 Telephone: 979-361-4320 ] Facsimile: 979-277-0030 Facsimile: 979-361-4368 J ORAL ARGUMET WAIVED ] J J J 1 l NAMES OF ALL PARTIES ] Appellant: David Duane Greer TDC #809333 295-IH-45 j Huntsville, TX 77320-8443 J Appellate Counsel: Mary Hennessy State Bar No. 09472300 ] P.O. Box 2536 Brenham, Texas 77833 Telephone: 979-277-0757 ] Facsimile: 979-277-0030 J Trial Counsel: Earl R. Gray State Bar No. 24007265 103 N. Main Street ] Bryan, Texas 77803 Telephone: 979-822-4759 1 :l Appellee: State of Texas Counsel: Ryan Charles Calvert State Bar No. 24036308 William Lee Ward State Bar No. 24077302 Assistant Brazos County District Attorneys 300 East 26th Street, Suite 310 Bryan, Texas 77803 Telephone: 979-361-4320 Facsimile: 979-361-4368 Trial Court: The Honorable Travis B. Bryan, III 272nd Judicial District Court 300 East 26th Street, Suite 204 Bryan, Texas 77803 Telephone 979-361-4221 J
l TABLE OF CONTENTS l Names of all Parties ................................................................................ ·ii l .. Table of Authorities ................................................................................. .iv l Issues Presented .....................................................·.................................. vii
l Summary of Argument ............................................................................. vii J Statement of the Case ............................ ;..................................................... 2 J Statement of Facts ....................................................................................... 3 l Argument. ....................................................................................... ~ ........... 9
J PointofErrorNo.l: ...................................................................... 9 THE EVIDENCE IS LEGALLY INSUFFICrENT TO SUPPORT A CONVICTION FOR 1'HE OFFENSE OF POSSESSION OF A FIREARM BY A FELON J Point of Error No. 2: ....................................................................... 14 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS J EVIDENCE FOLLOWING AN UNJUSTIFIED STOP
Point of Error No. 3: ...................................................................... 14 J THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH
J Point of Error No. 4: ..................................... ,................................ 24 APPELLANT WAS DENIED EFFECTIVE ASS IT ANCE OF· COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS J AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH
J Point of Error No. 5: ...................................................................... 26 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY J APPELLANT
J J
J n 0 Prayer ................................................... ;........................................ 28
0 Certificate of Service ........................................................................... 28
8 0 0 0 0 ~10 0 0 0 0
0 0 lV
[J I J l TABLE OFAUTHORITES J CASES: Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) 20 J Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App. 1980) 23 J Bollinger v. State, 224 S.W.3d 768 (Tex. App.- Eastland 2007, pet. ref d) 12 !\ Brooks v. State, 323 ~.W.3d 893 (Tex. Crim. App. 2010) 9 _I Brown v. Stare, 911 S.W.2d 744 (Tex. Crim. App. 1985) 13 J Carmouche v. State, 10 S.W.3d 323, 327 (Tex. Crim. App. 2000) 14, 15 Carter v. State, 851 S.W.2d 390\Tex. App.- Fort Worth 1993, pet ref d.) 26,27,28 J Christian v. State, 592 S. W.2d 625 (Tex. Crim. App. 1980) 22 J Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) 11 Daniels v. State, 600 S.W.2d 813 (Tex. Crim. App. 1980) 23 J Davis v. State,93 S.W.3d 664 (Tex. App.- Texarkana 2002, pet. refd 12 J pavis v. ~S~tate, 947 S:W.2d 240 (Tex. Crim. App. 1997) 20 / ,' Edwards v. State, 813 S.W.2d 572 (Tex. App.- Dallas, 1991, pet ref d) 9 J Evers v. State, 576 S.W.2d 46 (Tex. Crim. App. 1978) 22 J Ex parte Felton, 815 S.W.2d 733 (Tex. Crim. App. 1991) 25 Florida v. Wells, 495 U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990) 23 J Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001). 20 J Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981) 22,23 Grant v. State, 989 S.W.2d 428 (Tex. App.--Houston [14th Dist.] 1999, no pet.) 11 J Hall v. State, 86 S.W.3d 235 (Tex.App.-Austin 2002, pet. refd) 11 J Hereford v. State, 339 S.W.3d 111 (Tex. Crim. App. 2011) 15 v J J Jackson v. Virginia, 443 U.S. 307 (1979) 9, ll King v. State, 953 S. W.2d 266 (Tex. Crim. App. 1997) 27 Lasterv. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) 11 Mappv. Ohio, 367 U.S. 643 (1961) 19 Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) 10 AfcGoldrick v. State, 682 S. W.2d 573 (Tex. Crim. App. I 985) 13 McMann v. Richardson, 397 U.S. 759 (1970) 24 lvfontgomer.v v. State. 810 S.W.2d 3 72 (Tex. Crim. App 1990) (op. on reh 'g) 27 Aforales v. State, 32 S. W.3d 862 (Tex. Crim. App. 2000) 27 Oli~·er v. U.S'., 466 U.S. 170 (1984) 20 Poindexter v. State. 153 S.W.3d 402 (Tex. Crim. App. 2005) 13 Powell v. Alabama, 287 U.S. (1932) 24 Rojas v. State, 797 S.W.2d 41 (Tex. Crim. App. 1990) 20 South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976) 22 State v. Rudd, 255 S.W.3d 293, (Tex. App.- Waco 2008, pet. refd.) 20 Strickland v. Washington, 466 U.S. 668 ( 1984) 24 Texas v. Griffey, 241 S. W.3d 700 (Tex. App.-Austin 2007) 22 United States v. Muniz-Melchor, 894 F.2d 1430 (5th Cir. [Tex.] 1990) 20 United States v. Martinez, 486 S.W.3d 855 (5th Cir. 2007) 21 Weeks v. State, 894 S.W.2d 390 (Tex. App.-Dallas 1994, no pet.) 25 Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) 9 Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) 11 Woods v. State, 956 S.W.2d 33 (Tex. Crim: App. 1997) 20 Vl J ] Wong Sun v. US., 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963) 22 ·wright v. State, 603 S.W.2d 838 (rex. Crim. App. 1980) 12 J J STATUTES ] TEX. PENAL CODE ANN. § 46.04 l2 TEX. PENAL CODE ANN. § 1.07 12 ] TEX. CODE CRIM. PROC. ANN. ART. 38.07 (Vernon 2009) 18 ] RULES J Rule 401, TEX. R. EVID. 26 J Rule 402, TEX. R. EVID. 26 J Rule 403, TEX. R. EVID. 26 J :] J ] ] ] J Vll . J J 0 0 ISSUES PRESENTED . 0 Point of Error No. 1 THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CONVICTION · FORTHE OFFENSE OF POSSESSION OF A FIREARM BY A FELON B Point of Error No. 2 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP 0 '·· Point of Error No. 3 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY SEARCH 0 Point of Error No. 4 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS 10 AND 10 TlMEL Y OBJECT TO THE ADMISSION OF EVIDENCE SEIZED AS A RESULT OF AN Itv,fPROPER STOP AND SEARCH 0 Point of Error No. 5 b I THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401,403, A STATEMENT MADE BY APPELLANT ~ r SUMMARY 0}' THE ARGUMENT Appellant raises three issues for the Court's review. Appellant contends that no ~ rational trier of facts could have found beyond a reasonable doubt that Appellant intentionally or knowingly possessed a firearm and that the evidence in support of the 0 conviction is legally insufficient and the case should be reversed and an acquittal entered. I r ru Appellant also contends that the trial court erred in denying Appellant's challenge to the stop of the vehicle he was driving. The stop resulted in a search of the vehicle that yielded the firearm that Appellant was convicted of unlawfully possessing. Alternatively, u I Vlll ~ r J J in the event the Court determines that Appellant's challenge to the search was waived, J Appellant complains that he was denied effective assistance of counsel due to trial counsel's failure to properly and timely urge the Motion to Suppress. J J J J J J J 1 J J J J J } ~ IX J -0 0 n TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: COMES NOW David Duane Greer, Appellant, by and through his attorney of record, 0 Mary Hennessy, and files this brief on appeal. 0 STATEMENT REGARDING ORAL ARGUMENT 0 Pursuant to TEX.R.APP.P.38.1(e), Appellant does not request oral argument. Although 0 this is a meritorious appeal of a criminal case, Appellant believes that the facts and legal 0 arguments are adequately presented in this brief and docs not believe the Court would be significantly aided by oral argument. 0 0 SUMMARY OF THE ARGUMENTS Appellant was charged and convicted of possession of a firearm by a felon. Appellant brings five grounds of error for the Court's review. Appellant in his first point complains that the evidence presented against him at trial was insufficient to support the jury's verdict of guilt against him because no rational fact finde:- could have found beyond a reasonable doubt that he intentionally or knowingly was in possession of the firearm found in the vehicle he was driving. His next points, numbers two through four, challenge the search of the vehicle he was driving that was stopped and searched. Specifically, Point of Error Two asks the Court to review the justification behind the initial stop. The vehicle Appellant was driving was stopped as a result of a tip from a confidential informant that Appellant, who was the subject of an arrest warrant, would be in the vehicle. The tip contained no informatiori other than that one fact and there was 1 l no corroboration by law enforcement that Appellant was, in fact, in the vehicle before it was
J stopped.
Appellant also complains that the warrantless search that ensued was unconstitutional. ~ The State justified the search as an inventory search. However, the State failed to establish that l
J an inventory search was necessary, since the vehicle was owned by Appellant's father and law
enforcement mad no attempt to contact him to come retrieve the vehicle. And, the officer 1 conducting the inventory did not follow the procedure established by the Brazos County
J Sheriffs Department for an inventory search.
Appellant also asks that if the Court should determine that trial counsel did not timely ~ urge the motion to suppress, that the Court find he was denied effective assistance of counsel. j Finally, Appellant complains that the trial court erred in overruling his objection to a
statement he purportedly made to a jailer that he contends was not relevant to any issue in ] dispute, or, if found relevant, that its prejudicial effect far outweighed its probative value.
J STATEMENT OF THE CASE J Appellant was indicted on July 12, 2012 for the offense of possession of a firearm by a
J felon, alleging that, on or about February 16,2012, Appellant did then and there, having been
} previously convicted of the felony offense of Possession of Methamphetamine intentionally and knowingly possess a firearm before the fifth anniversary of the defendant's release from
~ community supervision or parole. The indictment also contained two enhancement paragraphs. i] (C.R. 1).
Trial was to the jury commencing on November 14,2012. (C.R. 79). Appellant was· ] convicted on November 14, 2012. Punishment was to the Court and on January 27, 2012,
} 2
0 0 Appellant was sentenced to thirty years confinement in the Texas Department of Correction-
D Institutional Division.
Appellant gave timely Notice of Appeal. 0 0 STATEMENT OF FACTS
0 Terry Young, an investigator for the Brazos County Sheriff's Department, testified that
0 on February 16, 2012, he participated, along with other members of the Criminal Investigation
Division and some uniformed officers, in the execution of arrest warrants for David Greer and 0 Monishia Campbell in Bryan, Texas. Mr. Greer and Ms. Campbell were in a black Ranger pickup and were pulled over by patrol officers, detained at gunpoint and arrested. (R.R. Vol. [4], pp 26-32).
Subsequent to the arrest, Deputy Young conducted a vehicular inventory search. He described the vehicle·as an extended cab Ford Ranger pickup with a passenger compartment that had a small, extended area behind the seats. In the cab, he found "All kinds of clothing, just various items, a cane, a bag that had a lot more clothing in it." (R.R. Vol. [4], 36-38).
He testified:
Q: The clothing that was in the bag, did it appear to belong to Mr. Greer or Ms. Campbell? A: It appeared to belong to Ms. Campbell. Q: Why do you say that? A: Most of it was women's clothing, and it was very small.. Q: Okay. And, Ms. Campbell is a little girl, right? A: Yes, she's very petite. Q: With regard to the- well, did Ms. Campb-::11, for example, did she have a purse in there? A: Yes. · Q: So, it would be fair to say that some of the sniff- some of the items that were in the cab of the trunk clearly were associated with Ms. Campbell, ri~ht? A: Yes, sir.
J l Q: And others were clearly not. Would that be fair? A: Yes, sir. (R.R. Vol. [4], 3 8). J Deputy Young testified that he recovered a large, black leather jacket in the back J compartment area behind the seats, just lying with the rest of the items. It was not in the bag of J \\{gat he referred to as Ms. Campbell's clothing. He found a .22 revolver in the pocket ofthe :,;'~:;,
J j~~k~t. (R.R. Vol. [4], 39-40). He further testified that Appellant was wearing a tank top and that a lot of the officer's J seen in the video were wearing jackets. Ms. Campbell was also wearing a coat. (R.R. Vol. [4], 43-
J 44).
} He was unsuccessful in his attempt to find usable fingerprints on the revolver. (R.R. Vol. J 4, 47).
1 J He further testified that he found a .22 long rifle bullet in the pocket of a pair of Ms.
:1 Campbell's jeans found in a duffle bag. (R.R. Vol. [4], 49-50). !I lJ Deputy Young opined that the .22 long rifle bullet could not be used in the .22 revolver, which is chambered only for a .22 short bullet and a .22 short is substantially shorter. (R.R. Vol.
4, 50). J Using 3 bullets, of the same type he stated were found in the jeans, Deputy Young testified that, while they could be loaded in the chamber of the .22 revolver, the chamber could not rotate to the proper point and would not fire. (R.R. Vol. [4], 51-52, 55).
The actual bullet recovered from the jeans pocket _was returned to Ms. Campbell, as it was not illegal to possess such. (R.R. Vol. [4], 52-53). The revolver was loaded at the time it was discovered. (R.R. Vol. [4], 53). ' l 1 Deputy Young said the basis for his belief that the jacket belonged to Appellant was, as l follows:
A: The fact that the jacket is an extra large size, an9 that would be about the right size to fit the defendant, being quite a bit bigger than what Ms. Campbell was. u Q: Okay. As I think you showed us in the video earlier, Ms. Campbell was earlier wearing a jacket. A: Yes, sir. She was. (R.R. Vol. [4], 57).
On cross, Deputy Young agreed that the truck was disorganized and that there was a lot
J of stuff "everywhere':. (R.R. Vol. [4], 60).
No pictures were taken of the interior of the cab of the truck prior to the search. And, Investigator Young could not remember precisely where the jacket was found in the back compartment and agreed that there may have been other clothes on top of the jacket. There was no identifying information in the jacket. (R.R. Vol. [4], 60-61).
Deputy Young further testified on cross, that there is, in addition to the .22 short bullet u and the .22 long rifle bullet, a .22 long shell that falls between the other two in size. He
acknowledged that a .22 long bullet would likely fit the revolver. (R.R. Vol. [4], 60-61 ). J The following was aaduced on cross regarding the bullet found in Ms. Campbell's jeans:
j Q (Mr. Gray): ... you did actually try to place the .22 long rifle shell in the -- in the chamber of this particular gun; is that right? A. We did with counsel, yes. J Q: Okay. And then- we won't do it in front of the jury, so we're not loading the pistol in the courtroom, but fair to say it wouldn't rotate? A: Correct. Q: Okay. Now, you would agree with me it just protruded by a hair. It wasn't that much, right? A: That is correct. Q: Okay. Would you, therefore, agree with me that a .222 long would likely fit in there, in that particular chamber as it would be a little shorter? A: Yes, you're right. It probably would. Okay. And as to that .22 caliber shell that was fow1d in the size 5 jeans, that was not collected; is that correct?
l J
J ] A: That is correct. Q: Okay. We have a photo of it, but we don't have the shell; is that fair to say? A: That's correct, sir. J Q: Okay. And there's not really- I tried to blow it up. There's really no marking or indications that I could see as far as a brand or anything of that nature. Is it at least possible that that could have been a .22 long, that shell? A: I don't believe it was, sir. Q: But is it possible? l A: I don't think so, sir. Q: Why is that? A: I've had a lot of experience with .22s, and my personal belief is that it's a long rifle. J Q: You'd agree with me though, that if we actually had it here, that would be the better option, correct? A: Yes sir. J (R.R. V ol.[4], 65-66).
In addition, Deputy Young acknowledged that the gun could have been swabbed in l cJ different key areas, such as the trigger, hammer and handle, and sent, along with Appellant's and
J Ms. Campbell's samples, to determine a possible match. He admitted this had not been done.
The shells inside the chamber were not subjected to DNA analysis either, Nor were the shells J dusted for fingerprints.
J (R.R. Vol. [4], 67-68).
Deputy Young confirmed that the jacket Ms. Campbell was wearing as captured on the :) -" video, was oversized. (R.R. Vol. [4], 71).
J The registered owner of the vehicle driven by Appellant was Kenneth Greer, Appellant's
father. (R.R. Vol. [4], 72-73). J Ricardo Ledesne, a Brazos County Sheriffs Department investigator, testified that, while
J on duty on February 16, 2012, he received a call from a confidential informant and, based upon
the call, began looking for Appelhnt and Monishia Campbell in a particular vehicle with the J intent of executing arrest warrants. (R.R. Vol. [4], 78-80).
J J
J ] The weather was cloudy and cool and Investigator Ledesne was wearing a windbreaker
and he recalled that Ms. Campbell was weariag a red shirt and a camouflage jacket. (R.R. Vol. [4], J 82). J As part of his involvement in the investigation, he spoke with Ms. Campbell and, when
J the gun was found, took the jacket over to her to question her about who owned it. He said she
looked surprised and shook her head no. He further testified that Appellant denied the jacket was J his. (R.R. Vol. [4], 83-86).
J On cross, Investigator Ledesne confirmed that Ms. Campbell was wearing an oversized
jacket. He also offered his opinion that the picture of the bullet found in the small jeans was from J a .22 long rifle and said that it would not fire from a .22 revolver. (R.R. Vol. [4], 91-95).
] Leketh McKinney, a Brazos County Sheriffs Department jailer, testified regarding an
exchange he said he had with Appellant in the jail in August of 2013. Wherein, according to J Deputy McKiney, upon being instructed to follow the rules, Appellant said that he "was in jail
J for not following the rules and wasn't about to start now." (R.R. Vol. [4], 96-97).
After the State rested, Appellant urged his Motion To Suppress, which was denied. J Defense called Monisha Campbell, who identified herself as being Appellant's live-in
J girlfriend at the time of the arrest. She stated that she and Appellant had fought the day preceding the arrest and as a res.ult she had intended to move out. She testified, that:
I grabbed whatever clothes and items I could grab, and I grabbed a gun and placed it in my bag and left. (R.R. Vol. [4], 110-114).
According to Ms. Campbell, the jacket inside of which law enforcement claimed to have found the gun, was not hers, but she thought she may have taken it into her possession in the rush to gather her property. (R.R. Vol. [4], 115).
:1
Ms. Campbell testified that she was certain that Appellant had no knowledge of the gun, as she kept its existence from him due to the fact that he was on parole. Her reason for having the J gun was for self-defense because she had been the victim of a kidnapping and a rape and her j assailant was out on bond. She testified that she was on probation out of Galveston County for J possession of cocaine at the time of the incident and was later revoked. She also admitted to theft and prostitution convictions. (R.R. Vol. [4], 115-121, 140). 1 On cross, Ms. Campbell stated that she had believed she would have wrapped the gun up l in clothes when packing to leave, and, when pressed, said she had a vague recollection of doing so. She further stated that the jacket in question did belong to Appellant and she told Officer J Ledesne at the scene that it was 'Hillbilly's' jacket, referring to Appellant. She agreed with the J prosecutor that, if Appellant was unaware of the gun in the pocket, he would have no reason to deny ownership ofthejacket. She admitted that she had not accepted ownership ofthe gun when J questioned at the scene by Officer Ledesne and then again claimed it was not hers, when J questioned in the patrol car by Deputy Belew. (R.R. Vol4, 127-136). Her explanation, given on redirect, for not being truthful at the scene regarding her J ownership. of the weapon was that she was concerned about her probation. (R.R. Vol. [4], 137- 139). After the defense rested, Detective Ledesne was called in rebuttal and a video was played that showed Appellartt in custody at the scene wearing no jacket, denying ownership of the black jacket and claiming ownership of the camouflage jacket. (R.R. Vol. [4], 144-146). ·"l On re-cross, after the playing of the scene video for the jury, Detecitve Ledesne, acknowledged Ms. Campbell did sigh when asked about ownership of the jacket, despite his earlier testimony to the contrary, (R.R. Vol. [4], 150).
1 J Upon being recalled, Investigator Young testified that the black jacket containing the gun
was not in the duffle bag. (R.R. Vol. [4], 154-155). He, again, on cross admitted he did not recall J exactly where in the back of the cab the jacket was found and could not say if it was on or under J the other clothing. (R.R. Vol. [4], 155-156).
Jason Ware, a Brazos County Sheriffs Department investigator, testified that he saw J Invest[gator Young recover the black jacket from the vehicle. He could not say exactly from J where Investigator Young found he jacket, but he did not believe it was in a bag full of other
J stuff. (R.R. Vol. [4], 159).
I
POINT OF ERROR NUMBER ONE
J THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE VERDICT OF GUlL T BECAUSE A RATIONAL JUROR COULD NOT HAVE FOUND BEYOND A REASONABLE DOUBT J THAT APPELLANT WAS IN POSSESSION OF A FIREARM.
J STANDARD OF REVIEW
~ · In conducting a sufficiency review, the Court views the evidence in the light most
favorable to the verdict and determines whether any rational trier of fact could have found the essential elements beyond a reasonable doubt. Brooks v. State', 323 S.W.3d 893, 899 (Tex. Crim.
App. 2010); Jackson v. Virginia, 443 U.S. 307, 319 (1979). The standard 1s the same for both
direct and circumstantial evidence. Edwards v. State, 813 S. W.2d 572, 575 (Tex. App.- Dallas, 1991, pet ref d). In evaluating a legal sufficiency challenge, the issue is not whether the court believes the State's evidence or believes the defense's evidence outweighs the State's evidence.
Wicker v. State, 667 S.W.2d 137, 143 (Tex. Crim. App. 1984). The verdict may not be · J overturned unless the verdict is irrational or unsupported by proof beyond a reasonable doubt.
J
0 0 Matson v. State, 819 S.W.2d 839,846 (Tex. Crim. App. 1991).
0 Facts Relevant to Pointo[Error One
Appellant's challenge to the sufficiency of the evidence presented at trial is directed at 0 the issue of whether or not Appellant was intentionally or knowingly in possession of the firearm
D found in the search of the vehicle that he was driving. The relevant evidence is as follows:
The vehicle was in complete disarray with stuff everywhere. (R.R. Vol. IV, 60). 0 There was no evidence that the gun would have been apparent to Appellant, as no pictures were taken demonstrating where property was located before the search. (R.R. Vol. IV, 60-61, 159). There was no evidence that it was found in clos~ proximity to Appellant 'or that he could have 0 reached it while driving. (R.R. Vol. IV, 60-61, 159). The vehicle was not owned by Appellant but by his father, Kenneth Greer. (R.R. Vol. IV, 72-73). There was no forensic evidence that connected Appellant with the firearm. (R.R. Vol. IV, 61, 67- D 68). The testimony was that law enforcement's attempt at lifting fingerprints from the firearm was ··<: unsuccessful and no attempt was made to print the shells found inside the firearm. (R.R. Vol. IV, 0 67-68). Despite acknowledging that DNA could well have yielded evidence of who had handled the weapon, such testing was not done. (R.R. Vol. IV, 68). . 0 Law enforcement had sent a request to the ATV to determine history of the firearm, but had done so just before trial and had net yet received the information. (R.R. Vol. IV, 72). The firearm was foun"d in the pocket of a men's large jacket. (R.R. Vol. IV, 39-40). 0 Appellant was not wearing a jacket and the weather scene were wearing jackets. (R.R. Vol. IV, 57, 82). · was cool and some of the people on the
Ms. Campbell was wearing a large man's jacket when stoppe(;i. (R.R. Vol. IV, 71,91). A .22 bullet was found in the pocket of a pair ofMs. Campbell's jeans, that Officers opined was a long bullet and would not have be~n.usable in the .22 pistol. The bullet was not available to the jury as it has been released. (R.R. V~l IV, 49-50). ,~'l Ms. Campbell testified that the firear!n was._hers and she had obtained it as protection after being the victim of a kidnapping and rape case and her accused assailant was released on bond. She testified that Appellant had no knowledge of it, as she had carefully hidden it from him .. Her explanation for its presence in the vehicle was that she and Appellant, with whom she \y~s living, had argued the day before the arrest and she had gathered all her belongings.up in a hurry and' loaded them in the truck. (R.R. Vol. IV, 110-121 ). / Ms. Campbell testified that the jacket containing the bullet had been a gift toAppellant from his mother. At the scene, she told officers that it belonged to "h~llbilly," her nickname for Appellant. (R.R. Vol. IV, 127-136). ·, • At the scene, Ms. Campbell denied ownership, or any knowledge, of the firearm. The explanation she offered was that she was concerned about it possibly being a violation of her probation. (R.R. Vol. IV, 144-146) When questioned at the scene, Appellant denied owne~ship of the jacket. (R.R. Vol. IV, 83-86) ] l 1 ARGUMENT AND AUTHORITIES
Evidence is insufficient to support a conviction if considering all the record evidence in J the light most favorable to the verdict, no rational finder of fact could have found that each
essential element of the charged offense was proven beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307,319,99 S. Ct. 2781,2789,61 L. Ed. 2d 560 (1979); Laster v. State, 275
S.W.3d 512, 517 (Tex. Crim. App. 2009); Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim.
App. 2007). Viewed in the light most favorable to the verdict, the evidence is insufficient under this standard in two circumstances: (1) the record contains no evidence, or merely a "modicum"
·of evidence, probative of an element of the offense; or (2) the evidence conclusively establishes a . ;l: reasonable doubt. Jackson v. Virginia, 443 US. at 314; Laster v.~tate, 275 S.W.3d at 518;
Williams v. State, 235 S.W.3d at 750.
In conducting a sufficiency review, the appellate court considers both direct and circumstantial evidence and all reasonable inferences that may be drawn there from in making its determination. Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). An appellate
court determines whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict. Id.
Proof amounting to a strong suspicion or a probability of guilt will not suffice to establish guilt beyond a reasonable doubt. Hall v. State, 86 S.W.3d 235, 240 (Tex.App.-Austin 2002, pet.
ref d). The proof must generate more than a strong suspicion or even a probability. Grant v. State, 989 S.W.2d 428,433 (Tex. App.--Houston [14th Dist.] 1999, no pet.). Appellant challenges the sufficiency of the evidence on the element of knowing or intentional possession.
To prove possession of a firearm by a felon, the State was required to show that D 0 Appellant intentionally or knowingly possessed the firearm.
0 TEX.' PENAL CODE ANN.§ 46.04.
Possess" means care, custody, control, or management. D TEX. PENAL CODE ANN. §1.07.
D The jury was properly charged, in part, that in order to convict, they must find as follows:
.. beyond a reasonable doubt that on or about the 16th day of February, 2012 in Brazos County, 0 Texas, the defendant, David Greer, did then and there having been convicted of the felony offense .... intentionally or knowingly possess a firearm.
0 The charge correctly defined intentionally and knowingly, as follows:
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a 0 result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or 0 to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. D (C.R.46-4 7).
0 To support a conviction for possession of a firearm, the state must show ( 1) that the accused exercised care, control, or custody of the firearm, (2) that the accused was conscious of 0 his connection with tli.e firearm, and (3) that he possessed the firearm knowingly or intentionally.
0 Davis v. State, 93 S.W.3d 664, 667 (Tex. App.- Texarkana 2002, pet. ref' d). The State must establish that the defendant's connection with the firearm was more than just fortuitous .
.0 Bollinger v. State, 224 S.W.3d 768, 774 (Tex. App.- Eastland 2007, pet. ref' d).
0 The State is charged with rhe burden of proving each essentiat element of the charged otiense beyond a reasonable doubt. Wi-ight ''· State. 603 S. W.2d 838, 840 (Tex. Crim. App. 0 1980).
0 0 12
0 I ] l In viewing the evidence, detailed above, in the light most favorable to the verdict," the evidence was insufficient to support the jury's finding, implicit in its verdict, that Appellant was J responsible for placing the gun inside the jacket. The State failed to establish enough links J connecting Appellant to the firearm. Futiher, the testimony of Monishia Campbell conclusively J established reasonable doubt. \Vhen the accused is not in exclusive possession or control of the place where the J contraband is found, it cannot be concluded that he has knowledge of or control over the J contraband unless there are additional independent facts and circumstances linking him to the contraband. Poindexter v. State, 153 S. W.3d 402 at 405 (Tex. Crim. App. 2005). As with <my J element of the offense, an accused's knowledge or control of the contraband may be established J by circumstantial evidence. ld at 405-406; McGoldrick v. State, 682 S.W.2d 573, 578 (Tex. Crim. App. 1985). However, the evidence must establish, to the requisite level of confidence, that the accused's connection with the contraband was more than just fortuitous. Poindexter. 105 S.W.2d at 406; Bro-wn v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1985). The State will likely argue that the testimony that Appellant denied ownership of the jacket proves to a sufficient degree that he knew the firearm was inside. As argued by defense counsel, when confronted with such a question, Appellant would certainly have understood that .".J lJ the question was being asked because something had been discovered in the jacket. While his statement might reasonably caused suspicion, it surely does not rise to level of proof beyond reasonable doubt. A review of the evidence as a whole makes clear the necessity for the Court to reverse the judgment of the Court and enter an order of acquittal in order to prevent manifest injustice. When the record is considered in its entirely, the evidence is insufficient to support a finding 0 Q beyond a reasonable doubt by a rational fact-finder that Appellant's connection with the firearm
0 was conscious and that his possession of the firearm was knowing or intentional.
0 POINT OF ERROR NUMBER TWO 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO 0 SUPPRESS EVIDENCE FOLLOWING AN UNJUSTIFIED STOP ·D POINT OF ERROR NUMBER THREE 0 THE TRIAL ERRED IN DENYING APPELANT'S MOTION TO SUPPRESS EVIDENCE FOLLOWING AN ILLEGITIMATE INVENTORY 0 SEARCH 0 The factual basis and legal authority relevant to points of error numbers two and three 0 being substantially the same, the points are discussed jointly herein in the interest ofbrevi~y. STANDARD OF RE:VIEW 0 The standard of review of a Trial Court ruling on a Motion to Suppress is abuse of discretion. In D reviewing the Trial Court's ruling, the AppeEate Court applies a bifurcated standard of review. The reviewing Court gives almost total deference to the Trial Court's determination of historical .0 facts, while conducting a de novo review of the Trial Court's application of law to those facts. (. !o Carmouche v. State, 10 S.W.3d 323,-327 (Tex. Crirn. App. 2000). 0 If the Trial Court's findings are supported by the record,. a reviewing Court will not disturb them and will only address questions of whether the Trial Court improperly applied the 0 I law to the facts. Absent explicit findings of historical fact, the evidence is viewed in a light most · 0 14 b I n 0 favorable to the Trial Court's ruling. Carmouche v. State, 10 S.W.3d at 327. In the instant case, 0 there were no findings of fact or conclusions of law requested. Therefore if any theory supports . the court's overruling of the Motion To Suppress then there is no error. n The AppeLlate Court in reviewing pure questions of law and mixed questions of law and 0 fact that do not depend on credibility determinations do not afford the trial judge the same degree of deference as is afforded in the trial court's factual findings. Such topics might include 0 determinations of reasonable suspicion or probable cause as well as other applications of the law 0 of search and seizure. An appellate court reviews these questions de novo. Hereford v. State, 339 S. W.3d 111 (Tex. Crim. App. 2011 ). 0 Procedural history underlying suppression motion 0 Appellant filed three separate motions to suppress the evidence seized in the search of the vehicle: 0 / Defendant's Motion To Suppress (Invalid Seizure/Arrest/Restraint/Detention Without 0 Warrant), specifically attacking the initial seizure of Appellant (C.R. 15-17). Defendant's Motion To Suppress (Search ofPerson And/Or Personal Belongings Without 0 Warrant), specifically attacking the search of Appellant's person and personal property without a· 0 warrant or otber exigent circumstances (C.R. 13-14). Defendant's Motion To Suppress (Search of Person And/Or Personal Belongings Without [J Warrant), specifically attacking the search of the vehicle that resulted in the seizure of the 0 firearm following the seizure and detention of Appellant (C.R. 18-19). 0 It is clear that trial counsel had notified the Court prior to commencement of the trial that he was moving to suppress the evidence on both the grounds that the initial stop was unlawful 0 and that inventory search was improper, as evidenced by the pretrial discussion that ensued when Q 15 0 0 0 the State offered into evidence outside the presence of the jury, arrest warrants for Appellant and 0 Monishia Campbell and Appellant's trial counsel objected: THE COURT: I don't understand. Why are you offering these warrants? 0 MR. CALVERT: Judge, Mr. Gray said yesterday that he was moving to suppress the evidence in this case. based upon·- what he told the Court yesterday was based upon the detention and the subsequent .inventory search, and that was what he advised the Court, and that was what he you 0 know, advised us. That he's challenging the initial detention. The sole basis for th~initial detention was those warrants. It wasn) a traffic stop. They didn't see lilm speeding~They were out there specifically to - the Sheriff's off1ce was out there D specifically to execute those warrants on those two individuals. THE COURT: Uh-huh. r.. -~ MR. CALVERT: They located them driving the vehicles, and that was the one and only reason 0 they stopped them. THE COURT: And your not offering these in front of the jury, just for the purpose- .,.,, ,~~~.... MR. CALVERT: Just for record purposes, just fro purposes of the motion to suppress. 0 THE COURT: Yeah. MR. GRAY: Judge, you know, we- I am going to- I'm not going to allow hearsay to come in. I am going to object o hearsay. If an officer is talking about what other. officers said in regard to 0 the stop. But I'm not attacking the validity cf those arrest warrants. That's not where I'm going at all. THE COURT: You're attacking the existence ofthe- or the- 0 MR. GRAY: The arrest warrants? No, not at all. Just the basis for the stop. I mean, just because an arrest warrant existed, b=how did the officer find out that information? Was he told on the street? Did he get it from dispatch? Was it- 0 THE COURT: Alright. MR. GRAY: --triple hearsay. Because those kind of things I will object to. D THE COURT: I'm going to overrule your objection. (R.R. Vol. IV, 18-19). 0 Subsequently, during the case in chief, the State offered into evidence the firearm and the jacket in which it was found and Appellant's trial counsel stated: 0 No additional objections other than what we talked about earlier, Judge. At which point both exhibits were admitted before the jury. 0 (R.R. Vol. IV, 40-41). Then, when the State rested, Appellant's trial counsel urged his motion to suppress: 0 MR. GRAY: Judge, the State has rested, and they have concluded their presentation of the evidence in the case-in-chief. · D 0 16 u 0 0 Judge, at this point, we would urge our suppression motion. It was timely filed, and the law is such that we can carry that into the trial for judicial economy, and that's what we did. But 0 this is the proper junction to urge that motion. A couple of things, Judge, the- we believe that the basis of the stop was an illegal stop. It was not based upon any traffic offense or any offense whatsoever that was seen by any of the 0 officers. There's no testimony as to that. , Investigator Ledesma had indicated that the information that they received linking them . to my client and Monishia was that there was a description that they were -- and that they were 0 .. .in this vehicle, and tlrey were driving this particular vehicle. The problem we run into, if this was a identifiable person, if even Dispatch had a name or a .phone number or an address, somewhere where we CO'.lld talk to this person, we could [l potentially determine their veracity, whether they're telling he truth or not. Just the generalized statement that this is a reliable confidential informant, I don't think that gets us there. Trial counsel argued to the Court that the only evidence tying the arrest warrants to the 0 vehicle that was stopped was the informant saying they would be in the vehicle. Pointing out for the Court that the officers did not identify Appellant as being in the vehicle before stopping it, the officers were not able to sec: in the tinted windows, officers did not have a license plate 0 number, and in fact, had nothing to hang their hats o o·~her than the confidential informant's tip. (R.R. Vol. IV, 100-102). 0 Appellant's trial counsel further argued to the Court that the search of the vehicle without 0 warrant could not be justified on the basis of an inventory search. The rationale being that it was not a full inventory search as required by department policy, rather it was a pretext investigatory 0 search. (R.R. Vol. 104-1 06). ,; ..... 0 -~ The Court denied the Motion To Suppress. (R.R. ""oi. IV, 111). to •. u Facts relevant to legality o(stop As set out above in the Statement of Facts, only two officers testified regarding the stop -~' 0 ;1.5,( and search of the vehicle, Office Terry was called to describe his duties assisting Deputy Ficke .. 0 with the inventory search of the vehicle App'ellant was driving, and his discovery of the firearm. On the issue of the initial stop, Officer Terry testified that there were at least six officers 0 with the Criminal investigation Division in at least six vehicles, plus a number of marked D vehicles, involved in the execution of the arrest warrants for Appellant and Ms. Campbell. (R.R. u 17 [J Vol. IV, 29-30). Some ofthe officers got out with weapons drawn pointed at the truck Appellant was stopped in. (R.R. Vol. IV, 33). 1 On direct, Officer Terry testified, when asked if the officers were able to identify 1 Appellant and Ms. Campbell in the vehicle, that, "we were." (R.R. Vol, IV, 31). However, on 1 cross, Officer Terry stated that he was a block or so behind everybody else when the stop occurred. He also confirmed that if the vehicle had tinted windows it would be difficult tQ ] identify occupants from the side of the vehicle. (R.R. Vol. IV, 58, 76). J In regard to the initial stop, Investigator Ledesma testified that he received a phone call from an informant after which he started looking for vehicle with David Greer and Monishia ~ Campbell, who had outstanding arrest warrants. Investigator Ledesma testified that he was ~ involved in the stop, but was "a pretty good distance back." (R.R. Vol. IV, 81-82). On cross, Investigator Ledesma testified that he was given a description of the vehicle by J ~ to the call, he had no lpowledge tying Appellant to that particular vehicle. (R.R. Vol. IV, 87-88). ~ ' \ ·.. ···· On redirect, Ledesma testified that he had worked with the confidential informant before ..-.J J ' and ~ was reliable and truthful and they did not provide any information other than the possible ~ location for Appellant. (R.R. Vol. IV, 91-92). J Facts relevant to the legality o(the inventory search J Officer Terry testified that he assisted Deputy Ficke in the inventory search and that ~ Deputy Ficke prepared the inventory sheet. According to Investigator Terry, there was "stuff everywhere" in the truck. (R.R. Vol. IV, 57-58). He acknowledged on cross that the purpose of ~ the inventory search was to list all items in the vehicle to avoid liability issues (R. R. Vol. IV, ~ 18 l .. '0 0 60-61 ). He admitted that on occasion he allows a detained person to call a family member to ·o retrieve the vehicle, but not in this case. (R.R. Vol. IV, 63 ). The inventory form was admitted into evidence. (R.R. Vol. IV, 90, SE# 15). Appellant's 0 trial counsel argued that the inventory form did not L:Omply with the stated procedure of the 0 department, in that it did not list all items of property in the vehicle. The inventory form did not include the firearm, the bullet found in the jeans, and did not specify the items of clothing found,- 0 such as the jeans and -the· jacket. (R.R. Vol. IV, 105). 0 The vehicle was registered to Kenneth Greer, Appellant's father. (R.R. Vol. IV, 72). A copy of the Brazos County Sheriff's Department Inventory Policy was admitted into 0 evidence. It specifically requires that all items of value be listed in the inventory report. It further 0 specifically directs that the inventory procedure not be used as a pretext to conduct an .. exploratory search for incriminating evidence. (SE# 16). 0 ARGUMENT AND AUTHORITIES 0 It is axiomatic that persons are protec:ed from unreasonable searches and.seizures 0 through the Fourth Amendment to the United States Constitution and Art. 1, Sec. [9], of the Texas Constitution. Under these provisions, a search or seizure conducted without a warrant is pre se n unreasonable and therefore illegal under both constitutions unless the state shows proof of a valid 0 exception to the warrant requirement. The Fourth Amendment to the United States Constitution, which applies to states through the due process clause of the Fourteenth Amendment, governs all [] searches and seizures conducted by government agents. Al1 evidence obtained by searches and 0 seizures in violation ofU.S. Const. amend IV is, by that same authority, inadmissible in a state court. 5'e(;. U.S. CONST. amend. iV & XIV: 1Hopp v. Ohio, 367 U.S. 643 (1961). The statutory . - ~- lJ . exclusionary rule in Texas encompasses any evidence obtained by an officer in violation qf any [J 19 0 ] ] law. TEX. CODE CRIM. PRO. ANN. Art. 38.23(a). l · A search is a governmental invasion of aperson's privacy. OLJ.ver v. U.S., 466 U.S. 170, 177-178 (1984). A property seizure occurs when a governmental intrusion meaningfully. For ] Fomth Amendment purposes, any stop of a vehicle is a seizure and must be reasonable to be J lawful. Davis .... v. State, 947 S.W.2d 240, 243 (Tex. Crim. App. 1997) . Unless the law enforcement officer has a valid .reasonable suspicion to believe that an J individual is violating the law, a temporary detention is unlawful Balentine V. State, 71 S.W.3d 763 (Tex. Crim. App. 2002). Reasonable suspicion only exists where the officer has specific articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably suspect a particular person will soon be, or has been engaged in criminal activity. Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001); State v. Rudd, 255 S.W.3d 293,299 (Tex. App.- Waco 2008, pet ref d.); Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997). Confidential Informant tip alone is not sufficient to justifY stop The theory that the law enforcement officers had a legitimate reasonable suspicion to stop the vehicle based solely on the tip from the confidential informant that Appellant was driving a vehicle of that description is not valid. While probable cause is not for required for a brief stop or ~- ··--------- detention, reasonable suspicion is. United States v. Muniz-Melchor, 894 F.2d 1430, 1438 (5th Cir. [Tex.] 1990). The facts at issue in this case are similar to those under consideration by the Court of Criminal Appeals in Rojas v. State, 797 S.W.2d 41,43-44 (Tex. Crim. App. 1990) where it was held that an anonymous tip not sufficient when it merely described vehicle and stated that contraband would be found inside it but provided no facts· confirming accuracy oftip. . ' An anonymous tip that a particular vehicle would be at a particular location is not n [] reasonable suspicion. A tip that a certain vehicle would be traveling on a certain roadway at a
0 certain time does not provide sufficient factual basis to confirm credibility of the tip. Gilmer v. State, No. 06-09-00233-CR (TX APP-Texarkana-811211 0). 0 In the instant case, the informant was known by Investigator Ledesma and believed by
0 llliP- to be truthful and reliable. However, Investigat01:Ledesma not only failed to provide any specific situation where the informant had been proved so, he admitted that the informant 0 provided him no information other than that Appellant would be in such a vehicle. In addition,
0 Investigator Ledesma decline to identify the informant, denying Ap~lant the oppor:_tunity to
explore the basis of Iuvestigator Ledesma's opinion. And, while Ledesma testified that he did 0 check and confirm that Appellant and Ms. Campbell had active warrants he did not run the
[J license tag of the vehicle in question before the officers stopped the vehi~ie. The manner of the stop, with upward of six law enforcement vehicles converging on the vehicle and officers 0 approaching with weapons drawn, makes the stop even more intrusive and problematic.
[1 The U.S. Fifth Circuit Court of Appeals, when confronted with a similar question
0 determined that the trial court reversibly erred in denying defendant's motion to suppress the firearms that formed the basis for his felon-in-possession conviction. The Court found that the 0 defendant's Fourth Amendment rights were violated when the police conducted a stop of his
vehicle for purposes of investigating another crime; the tip of an informant as to whom the D government failed to adduce any evidence of his reliability, credibility, or past track record did
0 not supply reasonable suspicion for a stop where the only information corroborated from the tip
0 was innocent information as to defendant's identity and location. UYJ.ijed States v. Martine>, 486
S.W.3d 855 (5th Cir. 2007). In this case, while there was testimony ofreliability, there was
0 absolutely - w corroboration of the tip.
0 21 j ',1 LJ
]
J As held by the Third Court of Appeals, a known informant's tip is not reasonable
suspicion when law enforcement fails to corroborate the tip. In that case, the manager of a J restaurant contacted police about a person who was asleep in the fast food lane. However, when ] the police arrived the person was awake and appeared normaL The evidence of the DWT arrest
was suppressed because the informant's tip was not corroborated and, therefore, reasonable J suspicion based on the officer's observations alone did not exits. Tex.Es v. Griffey, 241 S.W.3d J 700 (Tex. App.-Austin 2007).
J Once it is established that the initial stop of the vehicle was not warranted, the discovery
of Appellant in the vehicle and the execution of the arrest warrant does not cure the taint of the J initial invalid stop. If_it is established that the search or seizure was illegal, then not only is any evidence obtained thereby inadmissible, but any evidence discovered as the result or exploitation
of that primary illegality is as well inadmissible as "fruit of the poisonous tree". Wo!!f{ Sun v. J US, 371 U.S. 471, 83 S. Ct. 407, 9 L.Ed.2d 441 (1963).
Even were this Court to find that the officers acted properly in stopping the vehicle, the search of the vehicle that followed cannot be justified. The only theory offered by the State in support of the warrantless search of the vehicle was that it was an inventory search, and that
rationale falls for two reasons. An inventory search of a vehicle is warranted only when the driver is arrested and·no other person is available to drive the vehicle or "no other alternatives are
available other than impoundment to insure the protecti1m of the vehicle." South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L.Ed.2d 1000 (1976); Evers v. State, 576 S.W.2d 46
(Tex. Crim. App. 1978); Christian v. State, 592 S.W.2d 625 (Tex. Crim. App: 1980); Gill v. State, 625 S.W.2d 307 (Tex. Crirr... App. 1981).fi~ the instant case, the vehicle was not owned by-· Appellant but by his father Kenneth Greer. According to Investigator Terry, he will on occasion 0 n call a family member to come retrieve a car when the driver is being arrested. The fact that the 0 car was actually owned by Kenneth Greer would seem all the more reason to contact him.
Clearly, the intent of law enforcement in not doing so was to justify an investigatory search as an n inventory search. __:
0 Furthermore, the inventory search was not conducted in compliance with the guidelines
and procedures dictated by the Brazos County Sheriff's Department, which require the officer to D list every item of property on the inventory form. The inventory form did not include the firearm,
D the bullet found in the jeans,- and did not specify the items of clothing - found, such as the jeans ·
and the jacket. _i _ 0 A true inventory search of an automobile occurring outside the legal concepts of probable
0 cause or a search incident to valid arrest, is just that and nothing more. It means that, using a
standard inventory form prepared pursuant to standard police procedure, a police officer or his 0 agent lawfully inventories the contents of a lawfully impounded motor vehicle. Daniels v. State,
0 600 S.W.2d 813 (Tex. Crim. App. 1980); Benavides v. State, 600 S.W.2d 809 (Tex. Crim. App.
1980); Gill v. State, 625 S.W.2d 307 (Tex. Crim. App. 1981). 0 The Supreme Court has insisted that there be a real policy or regulation and that same be
0 directed at producing an inventory, not an exploratory criminal investigation:
0 The policy or practice governing inventory searches should be designed to produce an inventory. The individual officer must not be allowed so much latitude that inventory searches are turned into 'a purposeful and general means of discovering evidence of crime' ... " Florida v. Wells, 495
0 U.S. 1, 109 L.Ed.2d 1, 110 S.Ct. 1632 (1990)
0 In the insist case, while there was a specific poli~y in effect that was designed at producing an inventory, the policy was not followed and, therefore, the search is not justified as 0 an inventory search. The trial court erred and abused its discretion in denying the Motion to u 23 [J 0 D Suppress. The firearm seized from the vehicle was the result of an illegal stop and an illegal 0 search and should have been suppressed. D POINT OF ERROR NUMBER FOUR 0 APPELLANT WAS DENIED EFFECTIVE ASSITANCE OF COUNSEL 0 DUE TO TRIAL COUNSEL'S FAILURE TO TIMELY URGE HIS MOTIONS TO SUPPRESS AND TO TIMELY OBJECT TO THE ADMISSION OF EVIDENCE D SEIZED AS A RESULT OF AN IMPROPER STOP AND SEARCH 0 Appellant urges this Point of Error only in the event that the Court determines that the complaints presented in Points of Error Two and Three were not preserved for review. Appellant 0 incorporates here the facts and legal authority set out in Points of Error Two and Three. 0 Appellant has an absolute right to effective assistance of counsel at trial. U.S. CONST. VI & XIV; Powell v. Alabama, 287 U.S. (1932). Counsel must act within a range of competence 0 demanded of counsel.in criminal cases. McMann v. Richardson, 397 U.S. 759 (1970) 0 Trial counsel's failure to present the Motions to Supress filed prior to .trial and discussed 0 pre-trial constitutes deficient performance. The applicable standard is Strickland v. Washington, 466 U.S. 668 (1984): [] As held by the United States Supreme Court, in Strickland v. Washington: 0 The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. 0 Strickland v. Washington 104 S.Ct. at 2064. The Strickland stand~rd applies to a claim of ineffective assistance of counsel arising 0 under article I, § 10 of the Texas Constitution and under the Sixth Amendment to the U.S. [J 24 0 I I I .I 0 0 Constitution. Hernandez v. State, 726 S. W.2d 53 (Tex. Crim. App. 1986). 0 The Court of Criminal Appeals of Texas, stated that: Under Strickland there are two tests a defendant who seeks relief must meet: 'First, the defendant B must show that counsel's performance was deficient.. .. Second, the defendant must show that the deficient performance prejudiced the defense. 0 And, in elaborating on the second prong, the Court said: The defendant must show that there is a reasonable probability that, but for counsel's 0 unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Butler v. State, 716 S.W.2d 48, 54. The effectiver;ess of counsel is ordinarily gauged by the totality of the representation, but 0 a single error, if sufficiently egregious, can constitute ineffective assistance. Ex parte Felton, 815 S.W.2d 733 (Tex. Crim. App. 1991). An Appellate Court does not inquire into trial strategy 0 unless no possible basis in trial strategy or tactics exists, Weeks v. State, 894 S. W.2d 390, 391 0 (Tex.App.-Dallas 1994, no pet.). This is such a case. Trail counsel was clearly aware of the pivotal role the suppression D issue had to the outcome of the case. Considering the totality of the circumstances, trial counsel's 0 performance was outside the range of professionally competent assistance. His actions were not 0 the result of reasonable professional judgment. There is no rational trial strategy that would warrant failing to present the suppression motion or obj..::cting to the admission of the firearm. 0 The fact that trial counsel did finally urge his motion underscores that his failure to do so timely 0 was not a strategy. Appellant's conviction should be reversed and he should be granted a new trial. 0
TI 0 POINT OF ERROR NUMBER FIVE
0 THE TRIAL COURT ERRED IN ADMITTING, OVER APPELLANT'S
OBJECTIONS UNDER TEXAS RULES OF EVIDENCE 401, 403, A 0 STATEMENT MADE BY APPELLANT
0 Prior to the commencement of the trial, the State made known to the Court their intention
0 of eliciting the testimony ofLakesh McKinney, a Brazos County Sheriff's Department jailer, who claimed that he confronted Appellant about a rule infraction and Appellant replied "I don't
D follow rules. I'm in here for not following the rules; and. so, I'm not going to start now."
0 .Appellant objected on the basis of relevance and argued that it should be kept out under Texas
Rule of Evidence 403, as the prejudicial effect substantially outweighed the probative value of D the alleged statement~ The Court overruled the objection and Deputy McKinney testified as to
0 Appellant's alleged statement before the jury. (R.R Vol. IV, 9-15, 96-97).
ARGUMENT AND AUTHORITIES 0 Evidence is "relevant" if it has "any tel1dency to make the existence of any f~tct that is of
0 consequence to the determination of the action more probable or less probable than it would be
without the evidence." TEX. R. EVID. 401 Relevancy is "predicated on a subjective relationship 0 between the proffered evidence and a fact that is of consequence to the determination of the
D action. Carter v. S'tate. 851 S.W.2d 390, 391 (Tex. App. ·- Fort Worth 1()93. pet ref' d.) Evidence
that is not relevant is not admissible. 'fEX. R. Evid. 402. 0 Even if this Court determines that the statement was relevant, its prejudicial effect
0 substantially outweighed any probative value. and it therefore should not have been admitted
into evidence. TEX. R. EVID. 403. The effect upon the jury would clearly be to convey to them 0 that 1) Appellant was guilty of some other wrong or in:5·action while in custody; 2) that'
0 26 n - f.'
0 Appellant was in custody for this or another offense; and 3) that Appellant if he was not 0 referring to the charged offense, was a criminal generally. Unfair prejudice means the tendency of the evidence "to prove some adverse fact not properly in issue or unfairly to excite emotions 0 against the defendant." Afontgomery v. State, 810 S.W.2d 372, 387 (Tex. Crim. App. 1990) (op. 0 on rch' g). ·rhcrefore, :'\ppellant' s objection to the evidence should have been sustained. Failure to do so was error. 0 Upon determining that the admission of evidence was erroneous in a case where the en·or 0 wan non-constitutional, as here, the appellate court should then consider whether admission of the evidence was hannful. ·rhe error in admission will be disregarded error in admission if it did Q, not affect Appellant's subst<mtial.rights. TEX. R. APP. P., 44.2(b). A substantial right is affected 0 when the error had a substantial and injurious effect or int1uence in detennining the jt1ry's verdict. King v. S'tate, 953 S. W.2d 266, 271 (Tex. Crim. App. 1997). The conviction will not be D reversed for non-con3titutional error if, after ex<:m1ining the record as a whole, the Court has a D fair assurance the error "did not ini1uence the jury, or hhd but a slight effect." Morales v. State, 32 S.W.3d 862. 867 (Tex. Crim. App. 2000). If the Court does not have fair assurance that the 0 judgment was not substantially S\vayed by the error, it is impossible to conclude that substantial ·o rights were not atiected and the conviction must be reversed. Carter, 145 S. W.3cl at 710 . .!0 In the instant case, by the very nature of the charge itselC the jury was already apprised of the f~1ct that Appellant had previously been convicted of a felony. To add to that testimony 0 complained of certainly had a strong negativf: impact on the view of Appellant by the jury. It is 0 certainlv "" Iikelv.: that it could be the verv"' thing._. that caused them to convict on the basis of evidence that was far from overwhelming. Jurors \VOuld very likely be swayed by the evidence of 0 complained of that Appellant was simply a bad guy and, therefore, jurors would be naturaLly 0 27 0 n t ....! n inclined to infer guilfon the charged ofiense. See Carter, 145 S.W.3d at 710. For that reason, [] Appellant's conviction should be reversed. 0 , PRAYER n WHERFORE, PREMISES CONSIDERED, Appellant, David Duane Greer, prays that based upon the argument and authorities herein, this Honorable Court reverse the judgment and D set aside Appellant's conviction. 0 Respectfully submitted, 0 MARY HENNESSY P.O. Box 2536 Brenham, Texas 77834 0 Tel: (979) 277-0757 Fax: (979. 277-0030 0 By:==========F========== Mary Hennes 0 State Bar No. 09472300 Attorney for David Duane Greer 0 CERTIFICATE OF SERVICE 0 This is to certify that on July 27, 2013, a true and correct copy of the above and foregoing . ' . .0 document was served on the Brazos County District Attorney's Office, by U.S. Mail. 0 0 0 D 28 o·