2010 summer defender

CONTENTS 4 Upcoming ClE Event Schedule 5 A Word from our New President

by Nicole DeBorde

6 A Word from our Former President by JoAnne Musick

7 Winning Warriors

12 HCClA News Round Up HCClA Supports BBBS amp Welcomes New Members

13 Once Upon a Board Meeting HCClAs First Annual Awesome Art Show

by Sunshine Swallers

14 Second Chair Program Being a Smart Second Chair Protege

by Sarah V Wood

15 Petitions for Non-Disclosure in the lone Star State Why Is This Still On My Record

by Dorian Cotlar

25 Strategy Passion amp Warfare

by Joseph W Varela

28 HCCLA Celebrates 40th Annual Banquet

30 Motion of the Month Challenging Jury Panels Assembled through Email Notification

by Mark Thiessen

33 Investigative Corner The Difficult Interview

by Jim Willis

THE DEFENDER CD

COMING SOON - More information on these upcoming events to follow

Distribution 1000 copies per issue

For articles and other editorial contributions shy

Contact Kathryn Kase at 713-222-7788 or

to place an ad contact Earl Musick at

832-448-1148 or earlmusicklawofficecom

FULL PAGE [INSIDE] $700ISSUE $2520YEAR

INSIDE FRONT COVER $800ISSUE $2880YEAR

INSIDE BACK COVER $750ISSUE $2700YEAR

BACK COVER $800ISSUE $2880YEAR

23 PAGE $600ISSUE $2160YEAR

12 PAGE $500ISSUE $1 800YEAR



BUSINESS CARD SIZE $125ISSUE $450YEAR

CD THE DEFENDER

a word from our new president

As I was thinking about what I could hope to do for you and with you as President of the Harris County Criminal Lawyers Association I started to wonder what exactly is a criminal defense lawyer

Aside from being a little on the crazy side what is a criminal defense lawyer Well we are the boxer who gets up off the mat on the nine count to try one more thing I say this because we really are different from other attorneys Most of us are lone wolves working in small offices or as solo practitioners We really truly love what we do

We love what we do so much that we are willing to cram ourselves into overcrowded elevators in the morning at the Criminal Justice Center to arrive in a courtroom where we know we will likely be the most unpopular cause in the room We love what we do enough that we will stick a file under our arm grab our license and bar card trudge in the Houston heat down to the jail where we will take off our shoes to walk across the jail house floor through metal detectors so that we can spend an hour on a concrete stool in a room with spit on the window and gum under the desk with someone who may be desperate and distressed We love what we do so much that we will drive out to the Joe Corely Detention Center in Conroe for a 15-minute update and then drive back in traffic

We love what we do enough that we are willing to have our motives (and sometimes our sanity) questioned by all sort from prosecutors to friends to family and sometimes even by our own clients We love what we do enough to lie awake at night and worry about a case and a person while others cheer that same persons demise

You a criminal defense lawyer are willing and ready to step in and slow the rip tide of vengeance and blind anger You are the guardians of the Constitution Civil lawyers are not Prosecutors are not When you woke up in the middle of the night last time it was probably not for personal stress but for stress about a case Someone elses problems

So why do you care about an accused drug dealer murder or thief How great is the stress when you believe the accusations are false What about when they are true Why do you care then Is it OK to let the rules be bent because it may sometimes be that the person who sits next to you at counsel table is foul

nco~ 21Bor~

Sometimes we just like a good fight Could that be part of it Its cathartic isnt it Is it that sometimes hard to articulate sense that something just is not fair

So should you sit around and wait for fairness Wait for a bond Wait for justice Wait for the right evidence to drop into your lap Wait to hear about some crime lab failure We could wait forever And as we wait and whine and give our excuses the Constitution loses ground

You can wait Or you can stand up for what you believe in You can stand up for the guy who no one else even wants to stand next to You can stand up for the Constitution have quite a bit of fun doing it and you can win sometimes too

You are the person that stands between how your clients life was before their case and how it will be after it is over You define justice for them and their families A criminal defense lawyer has the guts to protect even the most reviled because the rights of the most reviled are our only rights No bully should be able to pinch even a little of those guaranteed rights back on your watch

This is your Association because you are a criminal defense lawyer Criminal defense lawyers do not sit around and wait for justice You demand it day after day And we are here (500 people strong) to be heard and to demand it with you In recent years we have begun to achieve a degree of credibility in our cornrnunity that we have not had in the past For the first time we are included in decision making that affects our clients and our cornrnunity With that credibility comes responsibility Our actions will either continue to build on that credibility or destroy it While our adversaries battle over politics statistics and forensic debacles we have the opportunity to be heard as the reasonable voice in the room

Ours is not to whine but to do How will you stand up for justice and the Constitution tomorrow When the little voice in the back of your head threatens to push you to chicken out you will push on instead Will the masses cheer you on for your efforts No Do you have the guts to be a criminal defense lawyer anyway You do and HCCLA can be here for you so that you dont feel like an unheard voice chicken out get tired or run out of ideas Tell us how and my goal this year will be to see that HCCLA can help What will you do tomorrow to live up to your title Criminal Defense Lawyer

THE IEFEDER CD

a word from our former president b~ JoAnne 1IUjick

W 0 WI What a year It is with some sadness yet great anticipation that I conclude my term as president of such a great organization I am thankful for the support of a wonderful board of directors as well as an outstanding membership Without each of you we would not continue to grow and achieve

As I look back over the past year I see a membership that has grown not only in number but also in strength and ability Our winning warriors continue to amass victories large and small as they bring justice to the Harris County courthouse Putting the government to its proof is no small task yet our members have done so Challenging judicial rulings can be tricky and difficult yet our members have done so Standing up for the fundamental rights of the accused can be looked down upon yet our members continue for if we dont who will

I see an organization that has brought forth a great mentoring program thanks largely to Sarah Wood We strive to pair experienced lawyers with younger newer lawyers who are eager and willing to learn to become better lawyers This pairing has resulted in better communication more thorough case workups and winning trial strategies Working together we make our bar the criminal defense bar stronger every day Many thanks to Sarah and all the mentors who have assisted along the way

I see an organization that was able to gamer a seat at the table for the study of a public defenders office Though many of our thoughts and ideas were rejected we were able to help set minimum standards and goals for such an office should it become a reality We also won a seat at the table to discuss appointed attorney vouchers and pay

CD THE DEFENDER

Again while not fully accepting our ideas the judges were open and considerate as they listened provided feedback and sought our opinions Just to be a part of the discussion is a monumental step forward and I thank all of our members who gave of their time to participate in the discussions and provide feedback

I see an organization that has educated and involved the community and our children With a speakers bureau headed by Sam Adamo a public relations bureau headed by Wendy Miller and a newly formed outreach through art program headed by Sunshine Swallers HCCLA has spoke at various functions aided charities and at-risk children and provoked thought Wendy continues to challenge our board and our members to become involved in mentoring through The Big Read (where we donated hundreds of copies of To Kill a Mockingbird to local schools) and Tee TimeTea Time (where members spent the day as big brothers or big sisters to youth with incarcerated parents) And asking kids to think about and depict innocence and exoneration through art Sunshine organized our first high school art contest The winning participants had their art displayed at the banquet

Despite all our achievements we are not finished yet I look forward to the upcoming year with Nicole DeBorde as president She will do a great job keeping the forward momentum There is so much more that we can do as an organization and through our membership I encourage each of you to get involved and bring your ideas and knowledge to the table I too commit to staying involved Remember it takes a village to raise a bar

bull bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull

bull bull bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull


JAMES RYTTING convinced US District Judge Gray Miller to reverse the 20-year-old capital murder conviction and death sentence for Rulford Aldridge because Aldridge who suffers from paranoid schizophrenia was incompetent to stand trial and because the punishment phase was contaminated by Penry error In an exhaustive 87-page opinion Judge Miller found Aldridge has shown that his is an extraordinary case where constitutional error infected both his conviction and sentence middot TYRONE MONCRIFFE won a murder trial in the l85th District Court and gained the freedom of his client who had been injail awaiting trial Unfortunately the clients acquittal resulted in his wifes jailing for contempt by Judge Susan Brown because the wife said Thank you Jesus when the verdict of acquittal was read middot Four counts of murder and aggravated assault were dismissed in the 351 st District Court due to the advocacy of DAVID RYAN

Pulling victory from the jaws of defeat Je CASTILLO won a reversal on appeal for a client who had been sentenced to life for aggravated sexual assault And did we mention that he also convinced the appellate court to deny the States motion for rehearing

The exclusionary rule lives in the 337th District Court thanks to MURRAY NEWMAN and CARMEN ROE who got a 17-year-old clients confession suppressed and left the prosecutions murder case in doubt

JEFF PURVIS took the Brazoria County District Attorneys Office down a peg when he won a quick Not Guilty on a drug possession case Purvis credited SANDRA OBALLE with assisting with jury

The client - a Marine just back from Iraq - was charged with murder and aggravated assault in Brazos County in connection with the stabbing of a Rice University basketball player outside a bar DAN COGDELL NORM REVIS MURRAY NEWMAN and DAVID MARSHALL BROWN teamed up to ensure a complete and total acquittal at trial on theories of self-defense and defense of a third person Noted Cogdell Not only did [the jury] acquit our client on both cases they want the complaining witness in the aggravated assault case charged with aggravated assault of the guy our client was defendingmiddot PAT McCANN and RALPH GONZALEZ brought Fort Bend County prosecutors to heel when they foolishly tried to bolster the use of dog-scent lineup evidence by giving notice of its intended use in a capital murder case McCann and Gonzalez fought that effort in a two-and-a-half-day hearing that resulted in Judge Clifford Vacek ruling that the evidence could not be used at trial middot MELISSA MARTIN persuaded the Court of Criminal Appeals to rule that an information charging the client with indecent exposure was fundamentally defective and that the trial court should have quashed the charging instrument The CCA remanded the case which Martin pursued pro bono to the intermediate appellate court to determine if a harm analysis should apply middot Deferred adjudication for two aggravated robberies may seem like a pipe dream - especially when the client earlier had agreed to a plea and a 20-year prison term - but it was a reality for a client of JED SILVERMAN DAPHNE PATTISON and CLINT DAVIDSON This team won the disposition after convincing the client to undergo a grueling battery of psychological tests gathered 40 character letters and proof of employment and advised the court that the client would agree to two years of intensive psychotherapy

THE DlFlNDER CD

Winning Warriors

The jury panel was outside and it wasnt even his case but NORM SILVERMAN helped a lawyer in the 182nd District Court by reviewing the search warrant affidavit writing up a motion to suppress bringing case law in support and - this shouldnt be surprising shysecuring suppression This in a case where the client was looking at 25-to-life And then a couple weeks later in San Patricio County Silverman got a 15-minute Not Guilty verdict in a misdemeanor case involving criminal possession of a controlled substance middot ALLEN TANNER secured an acquittal in an aggravated sexual assault case where the complaining witness alleged that she had been kidnapped raped and beaten Tanner showed that the complainant knew his client had consensual sex with him but was later beaten up by someone else middot Probable cause What probable cause ANDREW WRIGHT asked those very important questions in Fort Bend County and got one felony and one misdemeanor case dismissed middot Want to win Get a Thurgood Marshall Criminal Law Clinic student on your case BEVERLY MELONTREE and students BRENNAN DUNN and TANISHA GREEN won an acquittal in Harris County Criminal Court-at-Law

Guiding his client through testimony in which he said that he had intended to return to the store continue shopping and of course pay for the merchandise DAVID HUNTER won a Theft case in Harris County Criminal Court-at-Law No I The client was charged with DWI 2d and a total refusal of all sobriety tests and the State called his ex-wife (now a city prosecutor - yikes) to testify that she did not tell him to refuse all tests but still STEVE SHELLIST won a complete acquittal at trial (Take that Ms Ex-WifeProsecutor) Despite the judge allowing as demonstrative evidence a video of some random person being administered various field sobriety tests JIM MEDLEY walked his client in a DWI case tried in Harris County Criminal Court-at-Law No I Then in another DWI case Medley convinced the court to suppress the results of a 19 blood test causing the State to dismiss Key to the suppression victory was Medleys argument that the officers failed to properly screen his client for the blood draw - and a video showing nine officers punching and kicking the client until he was submissive enough to give blood

No5 And Dunn did such a good job with direct cross and closing that the judge said he should get an A for the semester middot And the defense Dunn won again when EQUA TOR TURNER and MIKE DRIVER added Thurgood Marshall law student BRENNAN DUNN to their team in defending a DWI case in Harris County Criminal Court-at-Law No 15 The jury acquitted after the defense showed that the arresting officer made the defendant perform field sobriety tests without shoes on the coldest and wettest day in December

CD THE DEFENDER

bull bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull


When we last discussed this story Cynthia Henley had gotten a writ granted and a new punishment hearing ordered in Jefferson County for a client sentenced to 30 years aggravated At that point DORIAN COTLAR picked up the case and got the aggravated sentence reduced to 26 years Then Cotlar discovered that original trial counsel neglected to fully investigate the clients back time of which 15 months was due The moral to this story We have two Never give up and every bit helps middot It was the middle of an aggravated robbery trial with the jury sitting in the box but instead of calling the next witness the prosecution dismissed the case against HATTIE SHANNONs client This exciting moment occurred after the prosecutions main witness - who Shannon had discovered to be a documented gang member and liar - fell apart on the witness stand

What an honor Your Honor Marine Lt Col TERRI ZIMMERMAN has been selected to serve as an appellate judge on the United States Navy-Marine Corps Court of Criminal Appeals and will sit in Washington DC during periods of active duty The court has world-wide jurisdiction and reviews convictions from courts-martial in the Navy and the Marine Corps middot So LISA BENGE MICHALK wins the primary runoff for the 221 st District Court in Montgomery County and because Judge Stovall already retired the Governors office calls and asks her to take the bench early But she says I cant I have this DWI case I have to defend at trial (Were not sure if she also told the Governor that the client turned down a 90-day pre-trial diversion offer) Anyway she and JUDY SHIELDS kick prosecution ahem behind over a two-day period and the jury comes back Not Guilty Which we think is a fine way of telling the Governor My work here is donemiddot Once death is waived as a punishment option in a Capital Murder case most lawyers stop there Not DORIAN COTLAR who persuaded Harris County prosecutors to dismiss the Capital Murder charge in exchange for the clients plea to an unrelated Aggravated Assault and acceptance of seven years in TDCJmiddot The client was charged with being a habitual felon in a gun possession case but MONIQUE SPARKS won suppression in the 177th District Court after showing that the arresting officer could not lawfully perform an inventory search of a vehicle that the arrestee had decided to leave lawfully parked

So Robb Fickman asked ROBERT TUTHILL to reset a case for him and then Tuthill called to say that he didnt get the case reset which kinda got Fickman hot under the collar - until Tuthill explained that hed gotten the case dismissed on a point of lawmiddot First he got the recanting complaining witness to explain that she had been motivated by a custody dispute to falsely accuse the client of a sexual assault Then PA T McCANN persuaded the 351 st District Court to recommend the granting of a writ of habeas corpus based on actual innocence Now the case now goes to the CCAmiddot It was a three-kilo cocaine case and the client who had a load of priors was facing prison time So PAUL LOONEY and CLAY CONRAD went to Judge Susan Brown on an open plea to a reduced second-degree offense - and got the client 10 years deferred adjudication six months confinement six months house arrest and a $5000 fine middot The on-parole client picked up a new misdemeanor charge in EI Paso and then left the state without permission and with 15 years left on parole He was caught 13 years later and had the smarts to hire JEFF DOWNING who worked up the case so well that the court decided not to revoke parole and to dismiss the misdemeanor case

JOE VARELA and PAYAL JETHVA beat a 30-year plea offer with an acquittal at trial in the 338th District Court for a client charged with aggravated assault with a deadly weapon middot Like the pebble that starts the avalanche an acquittal can affect the rolling course of events in several cases As Loyal Readers will recall Robb Fickman and Tom Moran tried a nine-day indecency case in the 230th District Court and got a 51-minute not guilty Within an hour after trial the State dismissed Fickmans clients second indecency case And then DAVID ADLER went to Juvenile Court with Fickmans clients younger brother who also was charged with indecency by the same complainant the prosecution recalled Fickmans acquittal and dismissed the charge Carmen Roe calls this the trifecta because an acquittal and two felony dismissals flowed from one trial acquittal middot JEROME GODINICH gave a client convicted of the sale of counterfeit drugs and sentenced to 78 months another chance after convincing the 5th Circuit to vacate part of the judgment and remand the case for re-sentencing before Judge Sim Lake

THE DEFENDER CD

Winning Warriors

Next up after Jim Medleys acquittal in Harris County Criminal Court-at-Law No I was LAWRENCE CERF who had what he called a no-test pretty-good-video DWI And Cerf was prepared to try it - until the prosecutor called to say the case was being dismissed Medley must have softened the prosecutors up Cerf said modestly but we think the prosecutor just couldnt face another legal beating in the same week middot Charged with misdemeanor possession of marijuana the client insisted to KELLY CASE that he did not have any marijuana on him when stopped by police While reviewing the evidence in preparation for trial Case discovered that the client was right Case dismissed middot Never underestimate the value of unnerving the prosecutor When JED SILVERMAN won suppression of the field sobriety tests in Bexar County the flustered prosecutor sought a recess and returned to court with four other ADAs They all moved to dismiss and Silvermans client lived happily ever after middot A fill-in-the-blanks blood warrant could not survive JOHN DENHOLMs thorough attack in a DWI case Denholms briefing pointing out five major problems and violations of the law including a concIusory statement regarding the officers stop of the client After Judge Margaret Harris suppressed the 14 blood test results obtained via the warrant the prosecution agreed to dismiss the case middot The client had previously pleaded guilty to injury to a child for spanking his children with a belt and was put on straight probation but VIVIAN KING filed and won a motion for new trial and then at that new trial obtained an acquittal Where did this marvelous effort occur you ask In the 400th District Court in Fort Bend Countymiddot There was this frequent traveler who goes to the airport forgets to take his gun out of his briefcase and goes through security Uh oh Fortunately Mr Frequent Traveler had TAD NELSON and DOUG BROCH as his counsel because they got the grand jury to issue a No Bill

reg THE DEFENDER

The jury thought the client might have been intoxicated but TYLER FLOOD showed them that the State hadnt proved it so they acquitted his client ofDWl2d in Harris County Criminal Court-at-Law No7middot Do two beers plus red eyes amount to probable cause for a DWI As MATT DeLUCA proved in an ALR appeal on behalf of a motorcyclist arrested in Fort Bend County the answer to this burning question is nomiddot The value of Association membership is that you never stand alone - as JEFF DOWNING learned in Harris County Criminal Court-at-Law No2 where he was defending an Air Force officer charged with assaultfamily violence The prosecution wanted the client to plead to a Class C offense with an affirmative fmding of family violence but backed off the affirmative finding requirement after PAT McCANN stepped in to explain why that would hurt the clients military career middot HILARY UNGER-HERSHKOWITZ got a motion to revoke probation thrown out in the 351 st District Court when she used Facebook to show conclusively that the client had been set up by his ex-girlfriend Seems the ex-girlfriend used Facebook Mobile to invite the client over for a booty call and when he refused via return text she texted that she planned to call his probation officer and lie on him some more That record demolished the prosecutions casemiddot JOE WELLS won an acquittal in Harris County Criminal Court-at-Law No II for a client charged with prostitution middot The police claimed that they searched the client incident to an arrest for walking in the street instead of on the sidewalk The client swore there was no sidewalk and LANA GORDON cleverly calling up Google Earth on her smart phone found that indeed there was no sidewalk Case dismissed middot A healthy sense of outrage and the desire to help led RUSSELL WEBB to provide pro bono assistance to an indigent prisoner who wrote that hed been held in the Harris County Jail from October 2009 to March 2010 on a parole violation Webb determined that the prisoner should have been released in December 2009 and began raising heck with Parole authorities who immediately moved to have the prisoner released middot SANDRA OBALLE got an assault case dismissed mid-trial when the prosecution made the error of trying to admit a tape of a 911 call made after the assault by an individual who didnt see anything

It took only seven minutes but LEIRA MORENO GRACIA got her fIrst acquittal and GRANT SCHEINER got another win in an alleged domestic violence case in Hams County Criminal Court-at-Law No7 A key to the victory We hear it was Scheiners cross of the complaining witness who made the mistake of trying to take over the courtroom middot Seems a guy was caught with property arrested for burglarizing a building and set for trial in Fort Bend County Fortunately he was defended by DAVID KIATTA who convinced the jury to acquit on the burglary count and convict on the much lesser charge of criminal trespass middot In what Rick Oliver termed his billionth Not Guilty MARK THIESSEN secured an acquittal in a DWl 2d case where the client couldnt stand had slurred speech and refused all sobriety tests What led to this result Seems Theissen pointed out some racial profIling issues and a large sum of cash that mysteriously went missing after the clients arrest A few weeks later Thiessen won again - in a failure to stop and give information case - where he successfully argued that the client wasnt fleeing but looking for a safe place to pull over middot In a failure to stop and give information trial in Harris County Criminal Court-at-Law No 10 MARK DIAZ got the case dismissed after the prosecutions fIrst witness crateredmiddot What are the similarities between a golf course and the courtroom We have no idea but we do know that legal ace TROY McKINNEY hit his fIrst hole-in-one on a Tucson links middot It took the jury only 15 minutes in Harris County Criminal Court-at-Law No8 to fInd NATHANIEL TARLOWs client Not Guilty on a domestic violence charge middot Although the client had absconded on fIrst-degree-felony probation and the prosecutor wanted a IS-year prison sentence RICK OLIVER obtained an agreement to unsatisfactorily terminate her probation upon showing the prosecutor and the judge that the client absconded because her child required frequent hospitalization due to sickle-cell anemia

Saving the client years and years of imprisonment JUAN GUERRA took a big federal drug case to trial in Corpus Christi and came away a conviction only on a possession charge The conspiracy charges which would have netted the client at least 10 years in the federal pen ended in complete acquittals thanks to Guerras work middot Calling it a good two weeks CHRISTOPHER CARLSON and JOHN FLOYD were involved in a string of happy outcomes First CHARLES JOHNSON Floyd and Carlson pleaded a client charged with possession of 40 grams of meth-amphetamine to a misdemeanor Then Floyd and Carlson secured a no-bill on an adult rape case where the client was alleged to have raped his lesbian roommates girlfriend The string ended with the dismissal ofa DWlmiddot In a hearing before Judge Kevin Fine JED SILVERMAN won a motion to suppress fIve pounds of marijuana and two grams of cocaine after demonstrating that the police lacked credibility middot Noting that he carries natural charm and a gun the Houston Chronicle published a glowing profile of ace PIattorney BRIAN BENKEN that detailed his many successes and the path that led him into private investigationmiddot The client was charged with the municipal code violation of Entering Restrooms of the Opposite Sex (horrors) but MONIQUE SPARKS got the case dismissed on the fIrst appearance in muni court

HCCLA Supports Big Brothers Big Sisters By Wendy Miller The time commitment typically needed to be an adult mentor makes many young lawyers or law students shy away from the volunteering in the Big Brothers Big Sisters BBBS program but the Big for a Day events hosted annually by the Houston Young Lawyers Association with the support of HCCLA allow these professionals that exact opportunity to serve as BBBS mentors Other than the time needed for a round of putt-putt golf or a cup of tea there is no other commitment required

The second biannual T-Time events held in the spring of2010 were memorable for children in the BBBS of Greater Houston Fifty-two children ranging in age from 3 to 16 from the BBBS Amachi Texas Mentor Program received valuable one-on-one attention from 36 adult volunteer mentors during the array of activities and games at the two separate events These two events were made possible due to continued mentor support and funding from the Harris County Criminal Lawyers Association

Tea Time held in February included activities such as table games with Big-For-a-Day mentors a three-course meal and take-home gifts for the children At a second event called Tee Time and held in March activities for the mentor-children teams included a putt-putt golf tournament driving go-karts and lots of games and prizes in the video arcade at Zuma Fun Center

The Amachi Texas program specifically provides mentoring for children with one or more incarcerated parents There is the concern that children of incarcerated parents will at some point follow their parent and be incarcerated themselves unless they have positive adult intervention

HYLA and HCCLA have proudly partnered with BBBS and hosted events for BBBS Amachi children since 2007 Due to the limited number of adult volunteers in BBBS not every child registered in the Amachi Texas Program in Houston has been assigned a permanent big brother or big sister There are on average seventy children left unassigned every year due to the low number of registered mentor volunteers The Big for a Day events help address this problem Big-For-a-Day mentors are local attorneys law students professionals and judges

There is an annual bowling tournament fundraiser for BBBS of Greater Houston held each summer (typically in June or July) HCCLA has been represented by a team in the tournament of legal bowling teams for the past four years HCCLA in 2009 even took home the prize for first place Help us continue our streak

Ifyou are interested in joining Team HCCLA either as a bowler or sponsor for 2010 please send an email to wendymillercomcastnet

reg liE DERIIO

ce Upon a Board Meeting or HCCLAs First AnnualAwesomeArt Show


F -

~

- IgtUf - ~~ bull -s 1 -~Jt shy

~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios

Once upon a board meeting many of us expressed anger about a particular display outside the CJC cafeteria In true HCCLA style we immediately went from frustration to action Why not promote our own art show we thought And InnocencelExoneration was born

I contacted area high school art teachers to request submissions and presented them with the following premise How does it feel to be wrongly accused of a crime What does innocent until proven guilty mean in our society I asked the students to consider some of the recent news stories regarding DNA exonerations and to think of a time when they were accused of doing something they did not do

We received brilliant submissions that were judged by local artist Nan Stombaugh Tbe winners will be recognized in tbeir schools HCCLA awarded $300 for I st place $200 for 2d place and $100 for 3rd place The winners are from Westbury High Scbool

Bertolt Brecht said Art is not a mirror held up to reality but a hammer with which to shape it If the work oftbese brigbt students is any indication we should be in pretty good bands Congratulations to the winners for a job well done and to tbeir teachers for showing them the way

TlEmIlO reg

THe Second Chair Program AMeeting with the Mentors and New Participants

Photo b S1 ~ unshine SWallers

The Second Chair Program has geared up for another successful round of pairing experienced counsel with lawyers seeking more courtroom experience

Program coordinator Sarah V Wood organized a Meet the Mentors luncheon in late April so that prospective first- and second-chair counsel could meet brainstorm - and enjoy lunch on the Association

As a result of the luncheon the following members have opted to participate in the Second Chair Program

First Chairs David Adler Juanita Barner Mark Bennett Dorian Cotlar Rosa Eliades David Cunningham Robert Eutsler Robb Fickman Jerome Godinich Cheryl Irvin Vivian King Pat McCann Alvin Nunnery Wendell Odom Michael Panesar Brett Podolsky Tom Radosevich David Ryan Stan Schneider Jed Silverman Norm Silverman Mark Thiessen Joe Varela

reg THE DEFENDER

Second Chairs Franklin Bynum Joan Cain Mark Correro Michael Driver Alexander Forrest Alexander Gurevich Chabli Hall Jacob Henderson Shadi Kafi Diane Manson Kiernan McAlpine Darla McBride Don McClure Jr William McLellan Tackus Nesbit Patrick Ngwolo Craig Pena Drew Prisner Kemisha Roston William Savoie Tracy Sterling Robert Tuthill Julio Vela Andrew Wright

TEXAS LEGAL PUBLICATIONS

FEATURING THE LARGEST SELECTION OF LAW BOOKS IN TEXAS

I HI I1I 1 I t l r-l I Iltlltr-II~ 1111 111 ltgt1 11

Featuring WEST LEXIS NEXIS TEXAS LAWYER TEXAS DISTRICT amp

COUNTY AnORNIYS ASSOCIATION OMNI PUILISHIRS NHTSA

JURIS PUIUSHING NITA JONES McCLUR PUILISHING bull IAKIRS

PUILICATIONS COUNCIL fOR LAW INfORCEMINT amp RESIARCH

AND MANY MORI

FREE SHIPPING ON ALL ORDERS SPECIAL ORDERS AVAIlABLE

OFFICIAL BOOKSTORE FOR THE TEXAS CRIMINAL DEFENSE lAWYERS AsSOCIATION

() 10 I AN N I NS I IU I I 11 lt)lgt I ON I X 7700~

7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _

~ middot~-1~t t i i~ -li

_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I

A Brief Overview of Petitions for Non-Disclosure in the Lone Star State By Dorian C Cotlar

I see Sir Let me look this up for you Oh ok I see it on the Harris County database here What can I help you with

Um)eM I jot-a deforred adj~ back itt 1998 that-s PoffMentiy UiIi 011 Ufj rewrd wltMs tAf witk that- My iawter back then said it wouIdItt be 011 Ufjrewrd

wd4 w1ten I pied 011 tItU CMe My AttorM) f~ me

that- it wouIdItt be 011 Ufjrewrd 7tuU iawter tied to me

I judjot- taU 11rm- Ufj ~- tiuu jtJ6 Mtd 1tbW I uutt

jet tU1fffIuy tme I need to jeftme 1~~

Sir its not quite that simple However it does appear that you qualify for something called a Petition for Non-Disclosure

Well although you cannot get an expunction I can help provide you with the next best thing Why dont you come down to my office and we can review your situation

WHY IS THIS STILL

reg THE DEFEIDER

Going into the nuances of the difference between an expunction and a petition for non-disclosure (PND) will go beyond the needs of most of your potential clients who need services in this area Suffice it to say that there is probably no area of criminal law where the public has more misconceptions and more misinformation Our small finn gets several calls a week from people who are confused because they believed that their criminal history would somehow disappear - either upon completion of their community supervision or after some arbitrary time period (seven years seems to be the most popular number) Because of the sheer number of people that are affected it would behoove anybody that practices even some criminal law to have a basic knowledge in the law of PNDs and expunctions This article will address PNDs In the next issue of The Defender expunctions will be discussed

While not an expunction a court granting a PND is the next best thing Such an order prohibits the dissemination of criminal records to private entities (with some exceptions that will be discussed) In essence it seals that persons criminal history Although law enforcement hospitals schools and state licensing agencies will be able to see the criminal history private employers will not This can be a very valuable tool to the otherwise law-abiding citizen who has very little criminal history and is trying to better herself Providing this service to citizens is also rewarding (not financially) to the criminal defense attorney In a career where so much of what we do is negative helping a person clear up their criminal history provides an intrinsic reward that is often missed in our profession

The genesis of this article was a CLE given at The Thurgood Marshall School of Law at Texas Southern University Further much of the article and some of the examples are written based on the types of questions that our office regularly receives from other practitioners As with the CLE this article is intended to cover PNDs arising from criminal cases in county and district courts only It is not intended to cover juvenile record sealing or expunctions of Class C offenses which originated in municipal or peace justice courts Further this article is not intended to be a substitution for a thorough reading of the Government Code and Code of Criminal Procedure Sections that cover these areas I

possible to not only have your client off of community supervision early but to also immediately have their criminal record sealed with a PND This will be discussed in more detail below

For misdemeanors not in any of the listed chapters above the petitioner is eligible immediately Some of the most common (and least-objected to by the State) are Class A and Class B Thefts and simple possession cases

~ bull continued

~~ bull ftI

- ~o MY IECO bullshy

There are five statutory requirements that the Legislature has enacted for one to be eligible for a PND There is also a sixth requirement - that is that the trial court must hold a hearing and detennine that granting the PND is in the best interests ofjustice2

Requirement 1 Petitioner was placed on deferred adjudication under Code of Criminal Procedure Article 4212 sect 5

While this requirement may seem self-evident it is not always Some non-criminal attorneys and pro se petitioners routinely file PNDs on straight probations The most common type ofcase that falls into this category will be the person with one DWI probation - usually from many years ago - who is very upset to learn that the conviction is there forever despite having received a probated sentence The easy rule is straight probation is not eligible A deferred adjudication is eligible if not barred for another reason (which will be discussed below)

Requirement 2 There must have been a discharge and dismissal of the case under Code of Criminal Procedure Article 4212 sect 5(c)

When a person completes deferred adjudication their case is dismissed and they are discharged from community supervision In Harris County (and most contiguous counties) we are lucky the orders of discharge and dismissal are done sua sponte Therefore a Houston practitioner need not move the court for such orders Such orders are also done sua sponte even in situations where the successful probationer) has had her community supervision early tenninated If one makes a compelling enough case in a misdemeanor deferred it is

shy

There are jurisdictions in Texas where the orders of dismissal and discharge are not automatically issued In those jurisdictions a PND cannot be filed until such

orders are issued by the trial court Practitioners in those jurisdictions should make it a practice to either set a reminder for themselves or instruct the client to contact them upon completion of the deferred Once the dismissal and discharge orders are issued the waiting period begins for those cases that require one These waiting periods (or lack thereof) will be discussed in the next section

Practice tip The waiting period does not begin until the date that the orders are entered Even in cases where the petitioner is eligible immediately filing the PND before the dismissal and discharge orders are entered renders the petition premature

Requirement 3 The Petitioner must file her application after the applicable waiting period 4

There are three categories of waiting periods for PNDs5 For felonies it is five years after the period of community supervision has expired6 For misdemeanors from the following chapters of the Texas Penal Code there is a two-year waiting period Chapter 20 (Kidnapping and Unlawful Restraint) Chapter 21 (Sexual Offenses)1 Chapter 22 (Assaultive Offenses) Chapter 25 (Offenses against the Family) and Chapter 42 (Disorderly Conduct and Related Offenses) There are more than 30 misdemeanors that fall into this two-year waiting period categorys When your office gets a call on one of these cases it is imperative to check immediately to see if

1 the offense is in one of these chapters and 2 the two-year waiting period has elapsed

WHY I

The way that Section 411081 is written makes this requirement sound much more complicated than it really is Our office gets many calls from attorneys who get hung up on the language of the statute All the practitioner needs to remember is that if the person picks up and pleads to another case while on deferred or picks up and pleads to another case before filing the PND they are not eligible (unless it is just a traffic offense punishable by fine only) It does not matter whether the person pled to a straight conviction or a deferred adjudication on the newer case IO

THIS STILL

t a t Here is an example (assume Harris County Texas) ~ ft l l ~~1-I

John Quincy Public pleads to Class B Possession of ) bull f

I Marihuana on February I 2006 He receives a ~ it 1 bull nine-month deferred adjudication His case is dismissed J1 t 1 bull and the discharge order is timely filed on November I l t ~ - 2006 (or a few days later) Assuming that Mr Public did r not pick up and plead to another case while on deferred

he was eligible as soon as the orders were issued in November 2006 His lawyer could have filed the PND back in November 2006 and barring the judge having a bad morning it would have probably been granted back then If Mr Public has stayed out of trouble since getting off of deferred back in 2006 he is currently eligible

Now assume that Mr Public picked up a Class A Possession of a Controlled Substance case in 2007 Despite his previous deferred his attorney is able to work out another deferred adjudication plea When the period of deferred adjudication ends Mr Public will be eligible for a PND on the PCS case but not on the POM case Mr Public should have filed the PND as soon as he was

The general rule of thumb is that the most recent deferred can be sealed any deferreds prior to the most recent one cannot As will be discussed people with multiple deferreds (and even multiple PNDs) might run into trouble with the interests of justice portion of the statute For this reason astute practitioners will encourage their existing clients - and potential clients - to file the PNDs as soon as possible after completing community supervision In the example above had Mr Public petitioned the court to seal his POM record in November of2006 there would be no statutory bar to petitioning the court to also seal his 2007 PCS case upon successful completion of the deferred

For jurisdictions outside of Harris County that do not issue dismissal and discharge orders sua sponte there are several gray areas that have not been resolved This can arise when a criminal defendant picks up another case after completing the first deferred but never sought the dismissal and discharge orders That defendant could theoretically be eligible if he seeks the orders after his newer case is resolved Such examples are beyond the scope of this article but the author can be contacted with further questions if you find yourself in such a jurisdiction Suffice it to say that a prosecutor will have very strong legislative intent and interests of judgment arguments against the granting of a PND in such cases

RESEARCH amp WRITING Need a Loophole

All Briefs Memos and Caselaw Trial Help - Time Crunches

Creative amp Professional Legal Analysis Former HCCLA Member of the Year amp Unsung Hero

Sarah V Wood 713middot5306147

SarahVWoodl aolcom eligible

1

o MY RECORDoontinued Requirement 5 The petitioner was not put on deferred and has never previously been placed on community supervision or convicted of certain serious offenses

A person placed on deferred adjudication for certain offenses cannot have those records sealed Further a person who has previously been convicted of or placed on community supervision for the same offenses cannot have any PND granted even if the offense is not excluded by statute 12

If a criminal defendant is placed on deferred adjudication for any of the above-listed offenses he is not eligible to have that record sealed even after the applicable misdemeanor and felony waiting periods But the Legislature went one step further If the petitioner has ever been convicted or placed on community supervision for any of these offenses he may not petition the Court to have his record sealed

Looking back at Mr Public assume that in 1995 he was placed on deferred adjudication for Abandoning or Endangering a Childs which he successfully completed

bullEven ifhe successfully completes his POM deferred from 2006 he will be ineligible for a PND because of the prior middot r Endangering case6 bull I

I bull

Enumerated Serious Offenses

bull Aggravated Kidnapping 13

bull Any offense requiring registration as a Sex Offender

bull Murder and Capital Murder

bull Injury to a Child Elderly or Disabled Individual

bull Abandoning or Endangering a Child

bull Violation of Certain Court Orders

bull Stalking and

bull Any offense involving family violence4

~ f ~ ~ bullbull bull I bull

i

The Court Must Hold a Hearing

A court must hold a hearing to determine two things First the court must determine whether or not the petitioner is -

~ eligible to file the petition econd the court must determine whether the issuance of the order is in the best -

I 4 interests of justice17 Section 411081 does not define -_ I when issuance of the order is in the best interests of lot justice This is a determination made by the judge of the

trial court For this reason it is imperative to tell your client (we put it in our engagement letter for these cases) that granting of the PND is discretionary

The statute also does not define hearing In Harris County these hearings can be as simple as approaching the judge with the Assistant District Attorney and getting the judges signature to putting on testimony and submitting exhibits After the hearing if the court determines that the petitioner is qualified and that the issuance of the order is in the best interests ofjustice the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history information related to the offense giving rise to the deferred adjudication18

There are thirty-seven criminal courts in Harris County with thirty-seven different personalities Even if the client technically qualifies for a PND do not assume that the PND will automatically be granted Our office prepares - for these hearings like we do for any other major hearing

~ i Prepare your client to possibly answer questions posed to him by the judge Be prepared to explain to the judge why it is important (ie in the best interests ofjustice) for your client to have his record sealed If our clients have completed courses gotten certificates are enrolled in school are working on a specific career path etc we have copies of all of that documentation handy for the judge should she start asking us more specifics about our client This becomes even more important if you are trying to get a misdemeanor case sealed immediately upon completion of the deferred as some judges feel more comfortable after some time has passed before granting the petition

It can also be a challenge to convince district court judges to grant PNDs when a felony case was reduced to a misdemeanor especially when there is no waiting period However with very few exceptions we have found the district court judges to be open-minded and fair when deciding whether or not to grant the petition The bottom line is to prepare prepare prepare Additionally the county court judges in our experience are open-minded and fair when deciding these cases Petitions for Non-Disclosure are a positive thing Projecting a positive attitude toward the judge will help your cause Have your client prepared and have your ducks in a row and - most likely - you will get the right result

Who Can Still See The Record

Once a judge decides to grant a PND she will sign an order prohibiting the dissemination of criminal records to the public However law enforcement is not prohibited from releasing such information to other law enforcement and other state agencies schools and hospitals

A criminal justice agency may disclose information that is the subject of an order of nondisclosure to the following non-criminal justice agencies or entities ONLY State Board for Educator Certification a school district charter school private school regional education service center commercial transportation company or education shared service arrangement the Texas State Board of Medical Examiners the Texas School for the Blind and Visually Impaired the Board of Law Examiners the State Bar of Texas a district court regarding a petition for name change under Subchapter B Chapter 45 Family Code the Texas School for the Deaf the Department of Family and Protective Services the Texas Youth Commission the Department of Assistive and Rehabilitative Services the Department of State Health Services a local mental health service a local mental retardation authority or a community center providing services to persons with mental illness or retardation the Texas Private Security Board a municipal or volunteer fire department the Board ofNurse Examiners a safe house providing shelter to children in harmful situations a public or nonprofit

o MY RECORDPoontinued hospital or hospital district the Texas Juvenile Probation Commission the Securities Commissioner the Banking Commissioner the Savings and Loan Commissioner or the Credit Union Commissioner the Texas State Board of Public Accountancy the Texas Department of Licensing and Regulation the Health and Human Services Commission and the Department ofAging and Disability Services 19

Because of the large number of agencies that can still see the arrest and record of the deferred adjudication it is important to provide your client with a disclaimer in writing of which agencies will still have access to her criminal record It is also important to include in such disclaimer wording that even sealed records may be inadvertently disclosed to private entities (See discussion in next section) In our office this is a separate document that is attached to the engagement letter and signed by the client and a representative from our office

The petition was granted but somebody saw it when I applied there

In the years following enactment of the law in 2003 there were many problems with private entities stilI being able to see the criminal records of people who had had their PNDs granted The reason for this is that these private entities used third party background investigation type companies to perform criminal background checks rather than going directly to the central depot of alI Texas criminal background information the Texas Department of Public Safety Crime Records Service website The criminal background check companies purchase criminal history databases from the Texas Department of Public Safety and may continue to use stale data bases which have not been updated to reflect the records that have been sealed So even if a direct search of the TDPS Public Search Database revealed No Matching Records and a Harris County search proved to be clear a private entity could still see the criminal record if the background check company was using information from a TDPS database that had not been updated

For several years petitioners were without redress for such violations of an order However the Legislature has recently come down hard on such violations by companies providing background criminal checks to private entities Texas Govenunent Code sect 5521425 provides a civil penalty of up to $1000 per violation to a company that violates the law Further if a company that purchases criminal background information from TDPS is found to have violated the law twice they are essentially out of that business for a year The Texas Department of Public Safety may not release any criminal record information to such company for one year from the date of the most recent violation 20

The most recent addition to the statute that weighs in favor of petitioners is that an entity that purchases criminal record information from TDPS can only disseminate that information if it was obtained within the last ninety days21 The statute also provides that the violator is liable to the petitioner for any damages court costs and attorneys fees associated with the violation 22

Procedure for Filing amp Having a PND Heard2J

Your first step is to draft a Petition and Order The statute does not give the wording of either but several examples are readily available The Harris County District Attorneys Office website has a very good example of each Your order wilI vary depending on which agencies were involved in the arrest of your client

Practice Tip As soon as you are hired on a PND go to the District Clerks Office to obtain a copy of the Judgment and Sentence Having that in-hand wilI make preparing the petition much easier

Your client wiIl need to pony up a filing fee of $250 for County Court and $255 for District Court for a PND24 In our office we charge a flat fee for PNDs and take the filing fee out of that after disclosing that amount to the client The procedures for a PND differ slightly between County and District Court

~ middot middot

middot middot

bull bull

~ II bull - ~Jrmiddotmiddott bull 1

WHY IS THIS STILL For county criminal court-at-law have your petition ready and go straight to the District Clerks Office Bring four copies of the Petition with you Once you pay your filing fee the clerk will give you a court date approximately two weeks from the day that you file the Petition In Harris County you do not need to personally serve the District Attomeys Office the District Clerk will take care of that for you

I

A For district court first go to the court in which the case was originally handled Get the coordinator to give you a

f- court date Make sure to set the case at least two weeks out - to give all of the entities time to prepare Once you have the date go to the District Clerks Office Make sure that you have given the coordinator long enough to enter the date into HMS Pay the filing fee and file your petition The Clerk will give you the hearing date that already

middoti appears in JIMS c ~ On the day of your hearing be early Make sure that your

client is dressed appropriately as there is a good chance that they will go in front of the judge Talk to the prosecutors to make sure that they have received through their office a copy of the petition Hopefully if everything goes like it is supposed to their copy of the petition is there and written on the top is No Objections If that is the case simply let the ADA know that you and

middot your client are there Talk to the coordinator and see when

the judge might want to hear your case As mentioned although the statute requires that the judge have a hearing in many Harris County Courts the hearing is anmiddot informal discussion at the bench with the attorney and

Imiddot ADA

After the Order is Signed

Make sure that you get a certified copy of the order once it is signed This is very very important as you may need a copy if something goes wrong during the next steps of the process If you have done your job right after the order is signed it will be very difficult for you to get a copy of the signed order Keep a copy for your records and give a copy to your client

As a courtesy to our clients we check both TDPS and Harris County sixty days after the order is signed Provided that everything has gone correctly we send copies of each clear criminal history to our client If there is a problem and a criminal record is showing you will need to follow up If the criminal history continues to show on the County database you will need to go to the District Clerks Office If it shows up on the DPS database you will need to contact the Crime Records Service Legal Department25

Finally and most importantly your clients can legally lie If asked on an employment application if they have ever been placed on deferred adjudication they may answer no If you have done everything correctly - and if they are not applying someplace that is excluded from the statute - their potential employer will never know

Conclusion

Although it is not an easy statute to get through Section 411081 provides people who have successfully completed a deferred adjudication to in some instances have their criminal records sealed by the trial court

Even if the ADAs in your particular court have not gotten a copy of the petition (not unusual) in most cases the case can still be heard that day Frequently an ADA will simply contact her investigattor insure that your client is eligible through an on the spot criminal background check and will approach the judge with you

Although not a lucrative area of the law PNDs give the criminal practitioner an opportunity to provide a valuable service to a very deserving segment of the popUlation By doing your homework and being prepared a properly drafted filed and argued PND can oftentimes enable your client to achieve something that their criminal history had previously made impossible

Dorian C Cotlar is a former Harris County Assistant District Attorney who is now in private practice and when not in court tries to spend as much time as possible with his little girl He thanks Lydia Johnson and the Thurgood Marshall School of Law Criminal Clinic for helping bring about this article by inviting him to present on this topic at a CLE

--

o MY RECORDcontinued

Appendix 1

Misdemeanors with a two-year Waiting Period bull Chapter 20 Unlawful Restraint

bull Chapter 21 Public Lewdness Indecent Exposure

bull Chapter 22 Assault Deadly Conduct Terroristic Threat Aiding Suicide Leaving a Child in a Vehicle

bull Chapter 25 Bigamy Enticing a Child Criminal Nonsupport Harboring Runaway Child Violation of a Protective Order or Magistrates Order Violation of Protective Order Preventing Offense Caused by Bias or Prejudice Advertising for Placement of Child

bull Chapter 42 Disorderly Conduct Qot Obstructing Highway or Other Passageway Disrupting Meeting or Procession False Alarm or Report Silent or Abusive Calls to 911 Services Interference with Emergency Telephone Call Harassment Abuse of Corpse Cruelty to Animals Attack on Assistance Animal Dog Fighting Destruction of Flag Discharge of Firearm in Certain Municipalities Use of Laser Pointers

I TEX GOVT CODE sect411081 TEX CODE CRlM PROC Chapter 55

2 TEX GOVT CODE sect 411 081(d)

3 That term is in quotes because of course a straight probation is not eligible for a PND However deferred adjudicant or deferred adjudicationer does not read well

4 TEX GOVT CODE sect411081 (d)(l)-(3)

5 This is assuming that the orders of dismissal and discharge have been entered sua sponte by the court when the petitioner s period of community supervision has ended like in Harris County For the jurisdictions discussed above that do not enter such orders automatically the waiting periods begin on the date that the orders were issued

6 TEX GOVTCODE sect411081 (d)(I)-(3)

7 There is no PND available for any offense requiring registration as a Sex Offender even if the charge is a misdemeanor that is otherwise eligible (Indecent Exposure)

8 See Appendix I for a complete list

9 TEX GOVT CODE sect411081 (e)

II TEX GOVT CODE sect411 081 (e)(I)-(4)

12Id

13 The reader will note that regular Kidnapping can be sealed while Aggravated Kidnapping cannot

14 As defined by Section 71004 of the Texas Family Code This has potentially huge implications for the criminal defendant

charged with Assault - Family Violence who has no prior criminal history The Affirmative Finding of Domestic bull t

Violence renders him ineligible for a PND even in misdemeanor cases

15TEX PENAL CODE sect 22041

-Ibull I t16See TEX GOVT CODE sect 411081 (e) -1

I

17See TEX GOVT CODE sect 411 081 (d)

18 Id

19 See TEX GOVTCODE sect 411081 (i)(l)-(23)

2deg TEX GOVT CODE sect411 0835

21 TEX GOVT CODE sect4110851 (b)(l)

22 TEX GOVT CODE sect4110851 (c)

BURNS BAIL BONDS

Family owned and operated

since 1971

Bilingual staff with over 100 years of

experience

Shaun John Shannon and Shelby License 74346

We advocate a paid in full attorney is a defendants best defense Non-Arrest Bonds - we accompany your client to the jailor from the courtroom

609 Houston Avenue 7132273400 Houston Texas 77007 burnsbailbondsyahoocom

Strategy

amp WJI~FJI~El by Joseph W Varela

The history of war through the ages indicates that hate for the enemy is not a necessity for combat effectiveness and it can be a liability when it leads to unnecessary but dangerous actions in battle Good troops have plenty of motive without holding their enemy in contempt In fact respect for the enemy avoids the cardinal sin of dismissive overconfidence

j~a~2

Continued

ampW~I~F jI~E Some defense lawyers refer to prosecutors in derogatory terms They label government lawyers as the forces of darkness and similar vituperations They caricature them as Darth Vaders Lord Voldemorts and Hitlers Although much of this is tongue-in-cheek over the years I have heard a good deal of invective leveled seriously at prosecutors as a group by ostensibly mature professionals

The present discussion does not attempt to account for this nor does it inquire into the fairness or propriaety thereof Rather the question considered is Does acrimony make a defense lawyer more effective Or to put it slightly differently is embitterment against the prosecutor a hallmark of the dedicated defense lawyer

In World War II the principal enemies of the United States were Nazi Gennany and Imperial Japan Both nations fielded disciplined resolute soldiers who fought exceptionally well as individuals and as organized units Contrary to some opinion the intensity of battle offered by Germany and Japan was not distinguishable3 Regrettably atrocities were committed by and against all parties

Yet studies published immediately after the war indicated that American soldiers held different attitudes and beliefs concerning the two enemies In the US Army-sponsored study of new wartime recruits 51 percent agreed that they would really like to kill a Japanese soldier whereas only 7 percent agreed when the subject was a German4

Historian John A Lynn identifies some of the reasons The Germans and Japanese may have fought equally fiercely but the Japanese almost always fought to the death Also it was well known that the Japanese treated captured American soldiers differently as a matter ofpolicys although atrocities against civilian populations by both nations rivaled one anothers6 Race was a factor too

There was a torrent of scurrilous American propaganda against Germany Italy and Japan but much of that directed against the Japanese was invidiously raciaI7 Japanese were caricatured with exaggerated ethnic features both real and imagined They were frequently depicted as monkeys snakes and rats8

Given all this Lynn confronts the question of whether American soldiers fought harder in the Pacific theater He concludes that there is no evidence whatsoever that variations in attitudes toward the respective enemies resulted in differential combat effectiveness

Were the Marines and soldiers who landed on Saipan in June 1944 any more dedicated or effective than the soldiers who stormed the beaches of Normandy on the other side of the world at the same time The answer to this question is no 9

Lynn goes on to point out that in the American Civil War the opponents fought without intense hatred towards one another but that did nothing to lessen the sustained intensity of combat that resulted in the slaughters of Antietam Gettysburg and Chancellorsville

Does the defense lawyer perform better when he villainizes the prosecutor

The underlying thesis of these essays is that conflict including litigation implies universal laws of conduct which have been best explicated by great theoreticians on war 10 So we turn to such a theoretician for guidance

Speaking of the qualities that the commander must possess Clausewitz tells us that inflammable emotions feelings that are easily roused are in general of little value in practical life and therefore of little value in war

(

We repeat again strength of character does not consist solely in having powerful feelings but in maintaining ones balance in spite of them Even with the violence of emotion judgment and principle must still function like a ships compass which records the slightest variations however rough the sea II

Clausewitz implies that the commander must either possess an even temperament or must learn to control his emotions in the sturm und drang of combat 12

There is more from one of the great field commanders of all time Napoleon holds that

The first qualification of a general-in-chief is to possess a cool head so that things may appear to him in their true proportions and as they really are 13

Nowhere do these authorities claim that the successful commander is the one who harbors hatred and contempt for the enemy

The empirical evidence seems to bear out the theory Ifthe studies ofAmerican combat performance in World War II are any guide the answer must be that no advantage accrues to the defense lawyer embittered against his opponents

There are sound reasons that the defense bar should not vilify prosecutors Aspersions may create unnecessary conflict may lower the profession in the eyes of the public may tend to distort the roles of the parties in the system14 or may embarrass those who utter themls Were there an advantage to be gained these detriments could arguably be a price paid for increased effectiveness in representation of the accused

But to answer the present question neither the theory nor the practice of warfare gives us any reason to think that painting caricatures of prosecutors does us or our clients any good Better that the defense lawyer face his opponent dispassionately and battle him in cold blood

1 With apologies to electric guitarist Steve Vai (Passion and Warfare Relativity Epic 1990)

2 Battle A History ofCombat and Culture from Ancient Greece to Modern America (2003) chapter 7

3 The Japanese resistance on the islands is held to be the fiercest combat US ground forces had to face in World War II But consider the battle of the Hurtgen Forest The 22nd US Infantry Regiment suffered an astonishing 87 casualties during the 18 days of battle Their opponents were not fanatical SS or Hitler Youth troops but regular soldiers of the 275th Nazi Infantry Division See Robert S Rush Hell In Hurtgen Forest The Ordeal and Triumph ofan American Infantry Regiment (2001)

4 Stouffer Samuel et aI The American Soldier Combat and its Aftermath (1949)

S I cannot locate the source but I recall reading that the death rate among American POWs in German captivity was about 1 percent In Japanese captivity it was 40 percent

6 The Imperial Japanese had their own historical theory of racial superiority and committed excesses similar to those of the Nazis in its name including slavery mass murder and medical experiments The notable difference was the industrial method of German extermination

7 The classic work is John W Dower War Without Mercy Race and Power in the Pacific War (1986)

8 By contrast the cover of a Nazi Party propaganda pamphlet depicts a Japanese soldier as a noble samurai warrior Albrecht Furst von Urach Das Geheimnis japanischer Kraft [The Secret of Japanese Strength] (1943)

9 Lynn op cit

10 See J Varela Theories of Conflict and the Art of Criminal Defense The Defender (Winter 2005)

11 Carl von Clausewitz On War (1832) trans Michael Howard and Peter Paret ( 1976) chapter 3

12 Easier said than done For example the air war is often described from armchairs as machine against machine as if the machines were directed by coldly efficient machine-operators But as one Eighth Air Force survivor put it It was hate they were trying to kill you but hate mixed with respect (JG Varela personal interview 2010)

13 Military Maxims (1827)

14 Ive a notion that if someone important to a defense lawyer were victimized Darth Vader would metamorphose into the Archangel Michael-for the nonce Apocalypse 127 - 9

IS Todays prosecutor is tomorrows defense lawyer judge or city councilman

TllDEFEIDD

THE DEFENDER reg

motion YOUve b

SUllllllonedo t e middot

een

to IUry duty

mont By Mark R Thiessen

Challenging Jury Panels Assembled through Email Notification MOTION CHALLENGING JURY ARRAY AND TO QUASH JURY PANEL

The Defendant requests this Court under the authority of the 6th and 14b Amendments to the United States Constitution Article 1 Sections 3 (all free men have equal rights) 10 (public trial by impartial jury) 13 (shall have remedy by due course of law) 15 (right of trial by jury shall remain inviolate The Legislature shall pass laws to maintain its purity ) 19 (no citizen of this State shall be deprived of liberty except by due course of law) of the Texas Constitution and the Texas Code of Criminal Procedure sectsect 340234053506 and 3507 to quash the instant jury panel because there was an intentional exclusion of a distinctive group of Montgomery County residents which has resulted in there being an unfair cross section of the community in the jury panel In support hereof the Defendant would show

I This jury panel is solely composed of persons who responded to an email for jury service The legal profession community in Montgomery County has named this type of panel as an E jury panel The Defendant under Section 3507 of the Texas Criminal Code of Procedure is challenging the legality of this jury because it is not fairly representative of the cross section of this community

II To narrow the matter at issue it must be understood that the electronic jury selection process under Article 3405 of the Texas Code of Criminal Procedure is not what is at issue in this motion Rather what is at issue is the Countys instructions to E jurors that they report directly to a specific courtroom which has the effect of excluding all non-E jurors (who the county tells to report to the Jury Assembly Room) thereby tainting the process of getting a fair cross section of the community Because a sufficient number of E jurors always report to the court no non-E jurors are ever caHed to report there The constitutional and statutory defects here are that the E jurors do not fairly represent African Americans and Hispanics both of which are distinctive representative groups within Montgomery County

III To establish a prima facie constitutional violation of the fair cross section of the community represented requirement a defendant must show

(1) that the group alleged to be excluded is a distinctive group in the community

reg THE DEFENDER



(2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number ofsuch persons in the community and

(3) that this underrepresentation is due to systematic exclusion of the group in the jury selection process

See Pondexter v State 942 SW2d 577 580 (Tex Crim App 1996) Noncompliance with the mode and manner of summoning venire members set out in Texas Government Code is error whenever a defendant establishes harm See Lewis v State 815 SW2d 560 (Tex Crim App 1991) TEX GOVT CODE ANN sectsect 62001 supra (Vernon 2007)

--retoz ---==-unty Tex ---------bullbull - Montgomery CO 7 1 - shy

IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1

IV Defendant objects to an E jury deciding this case According to the US Census Bureau African-Americans and Hispanics respectively account for 5 percent and 18 percent of Montgomery Countys population See Exhibit 1 (Montgomery County QuickFacts from the US Census Bureau) see also Feagins v State 142 SW3d 532 (Tex App-Austin 2004) (appellate court recognizes 92 percent of the popUlation ofTravis County is African-American and thus a distinctive group) A jury panel without this distinctive group is not a constitutional and statutory fair cross section of the community

In 2009 it was shown that nationwide 76 percent of whites use the internet while the rate for African-Americans and Hispanics were 70 percent and 64 percent respectively See Pew Internet amp American Life Project and the Graduate School of Library and Information Science and the University of Illinois at Urbana-Champaign report Report Internet broadband and cell phone statistics (December 2009) The E jury here is unfair and unreasonable in relation to the number of such persons in the Montgomery County community when this jury panel only contains _ African-American and _ Hispanic people in a __ person venire and all are E jurors (For example a 24-person panel should contain roughly one African American and four Hispanics a 36-person panel would include two African American and six Hispanics a 48-person panel would have two African Americans and nine Hispanics a 60-person panel would include three African Americans and 11 Hispanics)

A venire with all E jurors is unfair and unreasonable when the population numbers in Montgomery County reflect that approximately 50 percent of potential jurors respond via email because the other half of the population reports to the Jury Assembly Room and is never included in an E jury further creating an unfair cross section of the community See Exhibit 2 (following page) Montgomery County Clerk Certified Statistics of 2009 Jury Data Excluding the half of the population that do not report via email coupled with 5 percent of African-American and 18 percent Hispanic percentages in Montgomery County creates an exponential increase of the discriminatory effect of an E jury especially in the Hispanic demographic The policy of allowing jurors to respond electronically to the jury summons and allowing the E juries to compromise the entire venire panel systematicaJly creates an unconstitutional under-representation of African-Americans and Hispanics

THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11

IOzoc -0shy ell 60 Ltl 2 9 32

11 10 IGlOmiddote -0 middot ZOO n III 196 3 1 1

119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261

Continued Motion of the Month Challenging Jury Panels Assembled through En1ail Notification

Feagins v State 142 SW3d 532 (Tex App-Austin 2004) (keeping the ratio of internet to in-person responses the same in venires as it is in the overall response population works to ensure that a systematic exclusion does not take place)

Most recently the Supreme Court noted the Sixth Amendment is concerned with social or economic factors when the particular system of selecting jurors makes such factors relevant to who is placed on the qualifying list and who is ultimately called to or excused from service on a venire panel Smith v Berghuis 543 F3d 326 (6th Cir 2008) revd 130 SCt 48 n6 (US September 30 2009) (No 08-1402) Accordingly when African-Americans and Hispanics are further disqualified for a jury based on whether they have internet access then the Sixth Amendment is absolutely affected by the social and economic factors that accompany internet access ie financial ability to own a computer computer literacy internet access etc

161 9) 202

I f lcdClS towtif icat~

Consequently the E jury does not represent a fair cross section is an unfair representation of the community which constitutes error and denies the Defendant an opportunity to have his case decided by a lawful jury

PRAYER WHEREFORE PREMISES CONSIDERED the Defendant respectfully requests this Honorable Court to quash the instant jury panel and requests a panel be brought in that does represent a fair cross section of the Montgomery County community E and non-E Jurors

Respectfully submitted

By Attorneys for Defendant

ORDER ON DEFENDANTS MOTION TO QUASH THE PANEL

On this day came on to be heard the Defendants Motion Challenging Jury Array and To Quash Jury Panel and after hearing argument of the parties

GRANTS the Motion and quashes this panel The Montgomery County Clerk is ORDERED to establish a new jury which is comprised of E and non E jurors that fairly represents Montgomery County

SIGNED this __ day of ___2010

JUDGE PRESIDING

-1 1

bull middot0 middot 0--I lO

bull-1 -

17

10

38

Mark R Thiessen is an attorney with Trichter amp Murphy For copies ofthe exhibits to this motion contact Mark at marktexasdwilawcom

29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis

I want to welcome back the Investigative Comer to another excltmg year This year I have planned four specific articles dealing with specific aspects of criminal defense In the first article I want to address obtaining interviews and how to deal with the friendly witness the neutral witness and the hostile witness

I want to begin with interviewing witnesses It is an art that requires training practice and preparation The art is persuading a witness that you want to hear everything he or she knows or thinks about the matter you are investigating We rarely have time to think about what it is we do and what it is that makes us successful or less frequently not so successful Our strengths lie in being able to relate to people and be quick thinkers We can build on those strengths by reflecting on our previous interviews and continually adapting our techniques

For every interview nothing substitutes for the most important part of any interview and that is preparation Another important point to consider is adopting a goal or goals for each interview to aid in focusing our efforts with witnesses The goal might be as minimal as getting a look at a hostile witness or confinning a single fact On the other hand the goal should never prevent us from getting more than we expect Our task is to be fact finders our reward is being surprised by the facts

The Friendly Witness

The friendly witnesses are those with a favorable disposition toward our clients and are often the easiest to interview They are generally willing to meet and give us the necessary time to conduct a thorough interview An important consideration to remember when interviewing friendly witnesses as the interviewer we let our guard down and do not adequately prepare for the interview or we have misread the witness and for whatever reason he or she is not actually a friendly witness The key here is to make sure that at the outset we need to accept that every witness is potentially hostile or at best neutral and prepare ourselves accordingly

When dealing with friendly witnesses an interviewers technique can appear as a funnel-type approach After general introductions we elicit a narrative from the witness that allows him or her to tell us in their own words what they know It is not always necessary to ask open-ended questions or interject questions during a friendly witness narrative In essence you start broad in your questioning and let them funnel down to the exact points of detail that you are trying to achieve

THE DEFENDER reg

Typically after the friendly witness has completed their story we will follow up with questions to help understand statements or material in an effort to seek additional details It is best to repeat the information that has been stated to the interviewer back to the witness to help make sure that the information was provided correctly

Often times when interviewing friendly witnesses additional witnesses andor evidence are obtained In addition friendly witnesses are a great way to help with introductions to neutral or even hostile witnesses

The Hostile Witness

Hostile witnesses are not as difficult to interview as we anticipate If we remember that people who feel emotional about an event generally want or need to talk We can use that desire or need to get the person talking Getting the person to open the door is the most difficult task Once they have agreed to talk half the battle is won Possible goals with hostile witnesses include reducing the emotions learning all the bad facts developing impeachment material and soliciting their views about potential outcomes for plea and sentence negotiations

The interview technique for hostile witnesses is generally the reverse of that used with friendly witnesses Typically begin with close-ended questions which help to get the person to simply respond to our questions then we slowly work on opening up the witness through expressing empathy and affirming what they have told us and providing information that they want to know If we are successful with those efforts the interviewer can move from close-ended questions to more open-ended questions which will elicit a lot more information

With the hostile witness we must have our questions ready to ask We want to avoid getting bogged down in a discussion about whether the interview will happen to what the interview is about Preparation for this interview is very important as many times during a hostile witness interview the first question by a hostile witness is

reg THE DEFENDER

Why should I talk to you

To help diffuse the strong question the interviewer should respond by saying I need to clear up a specific fact or I need to learn more about a specific fact The fact might or might not be of interest to us but it should definitely be of interest to the witness So in essence we are attempting to engage the hostile interest in a conversation

The primary goal with a hostile witness particularly a victim is to reduce the hostility so that by the time the witness testifies in front of a jury the anger and rage is reduced Often we must allow the witness to rage at us and we must affirm their emotions By absorbing the anger ourselves it may help to deflect some of the anger away from our client It is difficult to empathize with the witness while maintaining our emotional distance but it is an extremely effective technique

Another important goal is to elicit all of the bad information so the attorney and the client will not be surprised at trial or sentencing If the wi tness believes we truly want to hear everything he or she is more likely to be forthcoming We do not dispute what the witness tells us We accept and affirm it by repeating the information back to the witness It is imperative that we obtain enough detail from the witness so that the important details of the version of events either supports the physical evidence or the testimony of others or it does not

When the witness gives us information that conflicts with other evidence we want to repeat what the witness just said but do not continue to reaffirm what the witness just said Continue the interview without showing any undue excitement or change in your demeanor accept it as a simple fact and continue with your interview

Although hostile witnesses can be tricky to interview they are often the most rewarding Our first responsibility as a professional investigator is to do no harm If we remain friendly and professional even in the face ofverbal abuse we are more likely to be rewarded

The Neutral Witness

Neutral witnesses are those who are not favorably disposed to either side They are often reluctant to be involved but are not emotionally disposed to be hostile The initial goal with a neutral witness is to establish a rapport and win them over so they are at least willing to talk with us As an interviewer you need to understand what will motivate the witness to get involved

In many respects neutral witnesses are harder to interview than hostile witnesses because they lack an emotional attachment to the case or the client Their willingness to become involved depends on building an emotional attachment to the investigator Thus we must use our persuasive talent to make them feel important and liked we need to charm them into talking with us

One successful technique is to assure neutral witnesses that a minimal involvement now will reduce the likelihood of a more lengthy involvement later This should be done in a friendly manner not in a strong-armed or intimidating tone The message should be We want to resolve this without further litigation if at all possible but that requires us knowing what you know or what you have to say about this event rather than You can talk to me now or you can be subpoenaed to testify in court

Neutral witnesses can sometimes be persuaded by a plea to their sense ofjustice but more often they are persuaded by thinking that they have a minimal but powerful role to play In response to an assertion that I really didnt see much we might answer But the little you did see may be crucial to the outcome of the case

The questioning technique you adopt with a neutral witness will depend on whether or not you are able to move him or her to a friendlier position If youre successful you should engage in open-ended questions if youre not you need to ask close-ended questions Try to keep the witness talking as long as possible to ensure you have obtained all the information he or she is capable of providing

The art of interviewing is developing in an amazingly short time a relationship with a witness in order to achieve the goals that you and the attorney have set for the interview You wi II know you have succeeded if at the end of the interview the answer to your question May I call you again if I have more questions is a resounding yes and you are able to obtain both their email address and their cell phone number

Wrapping It Up

In conclusion attorneys need to work with private investigators when conducting interviews The main reason an attorney should use an investigator for their interviews are to avoid the possibility of the attorney becoming a witness Several cases that 1 am aware of attorneys attempted to do their own interviews and as we all know cases get reset numerous times before actually going to trial witnesses move and witnesses attitudes change It is very disheartening to see your case one month be strong with good witnesses and four months down the road when it is time for trial these witnesses have recanted on what they have said and now your case is in shambles

In talking with a couple of attorneys who practice parole law it is coming a more common trend for the inmate population to immediately file grievances on their attorney with the anticipation ofa writ being upheld As an attorney you should investigate your cases thoroughly even if you feel your options are few

I want to thank the Board Members of HCCLA for the opportunity to continue the Investigative Corner for another year and I look forward to the next three articles

Jim Willis is a private investigator with Benken amp Associates He may be reached at 713-223-4051 and jwillispiaolcom

THE DEFENDER reg

SUMMER 2010 PRESORTED STANDARD

U S POSTAGE PAID ~ THE DEFENDER

PO Box 924523 HOUSTONTEXAS

PERMIT NO 11500Houston TX 77292middot4523

II II III II II I I I II I II I I I I II I T11 -56~~~~~~AUTO~~SCH 3 -0IGIT n MS JOANNE MUSIC K shy1118 1 Cf ( NUS J CK LL P 19 1 J 3fmiddotj HOLLS TCltmiddotmiddotj ~~( hr E S TE 325 HOUS TON TX 7 706 0 - 2493

LACKWOO

I G EDD BLACKWOOD bull LICENSE 74432

713-222-BAIL Houstons Oldest(224 5)

Bail Bonding Company1002 N S JACINTO HOUST N AS 7700 2

Serving HoustonLSO PROVIDE

CUT OM ASSISTANCE Harris County All Texas counties and Nationwide bail bonds

COMING SOON - More information on these upcoming events to follow

Distribution 1000 copies per issue

For articles and other editorial contributions shy

Contact Kathryn Kase at 713-222-7788 or

to place an ad contact Earl Musick at

832-448-1148 or earlmusicklawofficecom

FULL PAGE [INSIDE] $700ISSUE $2520YEAR

INSIDE FRONT COVER $800ISSUE $2880YEAR

INSIDE BACK COVER $750ISSUE $2700YEAR

BACK COVER $800ISSUE $2880YEAR


12 PAGE $500ISSUE $1 800YEAR



BUSINESS CARD SIZE $125ISSUE $450YEAR

CD THE DEFENDER








nco~ 21Bor~







THE IEFEDER CD






CD THE DEFENDER












THE DlFlNDER CD

Winning Warriors




CD THE DEFENDER







THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO













nco~ 21Bor~







THE IEFEDER CD






CD THE DEFENDER












THE DlFlNDER CD

Winning Warriors




CD THE DEFENDER







THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO











CD THE DEFENDER












THE DlFlNDER CD

Winning Warriors




CD THE DEFENDER







THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO














THE DlFlNDER CD

Winning Warriors




CD THE DEFENDER







THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






Winning Warriors




CD THE DEFENDER







THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO












THE DEFENDER CD

Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






Winning Warriors


reg THE DEFENDER











reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO















reg liE DERIIO



F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO








F -

~


~ ~ r

2nd Place

The Truth May Not

Always Set You Free

Joanna Gonzalez

3rd Place

Ascension

Angel Rios





TlEmIlO reg







reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO












reg THE DEFENDER









AND MANY MORI




7 1 ~lh 11)1) ( I) 7 1 1 2 ( )t)o If I

- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






- - - -_ - - _


_ ~~~rt~ - 7i i~

J ~ - I bullbulli

~ r - I










WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






WHY IS THIS STILL

reg THE DEFEIDER






~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO








~ bull continued

~~ bull ftI







shy







WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






WHY I


THIS STILL













1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






1






I bull








bull Stalking and



i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO







i























~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO
















~ middot middot

middot middot

bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






bull bull



I







Imiddot ADA





Conclusion





--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






--


Appendix 1
















12Id







I


18 Id





BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






BURNS BAIL BONDS


since 1971


experience




Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






Strategy



j~a~2

Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






Continued













(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






(

















9 Lynn op cit







TllDEFEIDD

THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






THE DEFENDER reg

motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






motion YOUve b


een

to IUry duty








reg THE DEFENDER







IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO












IO~ - bullO

- -

ft

JIl9IlOtO

EXHIBIT 1




THE DEFENDER reg

---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






---------------------------------------

ml- shy ~-

M Jl

gt0 69 17 160 2 9 11



119 256 0 10

1M lie eo 247 51 1 30

189 JO

242 U I~ 100l_C -0shy uo

267 I] 11lt1 29 1110 10 ~ -0shy 261




161 9) 202










JUDGE PRESIDING

-1 1


bull-1 -

17

10

38


29 ~

101 --~~~ -~~~I

EXHIBIT 2

reg THE DEFENDER

by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






by Jim Willis







THE DEFENDER reg



The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO








The Hostile Witness




reg THE DEFENDER







The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO






The Neutral Witness







Wrapping It Up





THE DEFENDER reg






LACKWOO











LACKWOO






2010 summer defender

Documents