Bellotti, Carl Matthew III AKA Belotti, Carl Mathew Iii

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-I IN TJIE TEXAS COURT OF CRIMINAL APPEALS

AT AUSTIN, TEXAS

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EX PARTE §

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§ WR-53,835-05

I CARL MATTHEW. BELLOTTI, ill.

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I fhf! document contains some

pagas that are of poor q4ality

,.... RECEIVED IN

COURT OF CRIMIMM APPF.:AI.S

at the ilme of imaging. ·

I

Abel Acosta, -Clerk

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NOTICE

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in re the Official R,eporter's- Record

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I . .

I Philip W. "PhW' Moore, Petitioner Pro $e

15623 Fagerquist Road .

Del Valle, Texas 78617-5~00

I Phone: (512) 667-1508 ·

e-:mail:. pwm11.07@gmail.com

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I IN THE TEXAS COURT OF CRIMINAL APPEALS

AT AUSTIN, TEXAS

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EXPARTE §

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§ WR-53,835-05

I CARL MATTHEW BELLOTTI, ill

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NOTICE

I in re the Official Reporter's Record

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I Philip W. "Phil" Moore, Petitioner Pro $e

15623 Fagerquist Road

Del Valle, Texas 78617-5800

I Phone: (512) 667-1508

e-mail: pwm11.07@gmail.com

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OREWOR

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TO BE CLEAR,

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A FRAUO has been perpetrated upon this Honorable Court

I in the case at bar by Jefferson County officialdom's not-so-veiled insistence upon

I depriving our Texas Court of Criminal Appeals of the Official Court Reporter's (trial)

Record despite the Strickland Court's mandate(s) that

I ''... a court deciding an actual ineffectiveness claim must judge

the reasonableness of counsel's challenged conduct on the facts of

I the particular case, viewed as of the time of counsel's conduct.

A convicted defendant making a claim of ineffective assistance

I must identify the acts or omissions of counsel [shown in the

Official Reporter's (trial) Record] that are alleged not to have

been the result of reasonable professional judgment. The court

I must then determine whether, in light of all the circumstances, the

identified [in the Official Reporter's (trial) Record] acts or

I omissions were outside the wide range of professionally competent

assistance. . .. "

I 466 U.S.@ 690 (1984). Indeed, at least according to the State's Attorney who filed the

State's Original Answer pleading(s) in the case at bar- "Rubber Stamped" by the

I habeas court below that very next morning - anyway,

I "... the Official Reporter's (trial) Record is Off Limits on

Habeas Corpusll?"

I

See, inter alia, pp. 2-3, infra.

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I Indeed,

I "...in a case such as this, where the alleged derelictions primarily

are errors of omission de hors the record rather than commission

I revealed in the trial record, collateral attack may be just the

vehicle by which a thorough and detailed examination of alleged

I ineffectiveness [and/or Prosecutorial Misconduct] may be spread

upon a record [IN OPEN COURT for all to see]." [emphasis in

original/emphasis ADDed]

I

Ex parte Duffy, No. 64863,607 S.W.2d 507,513 (Tex. Crim. App.-EnBanc-10101/

I 1980) (the Most Honorable Samuel Houston "Sam" Clinton, Judge, writing for the

Court), Rehearing Denied (11126/1980) and cases cited therein.

I : .. and that "...thorough and detailed examination of alleged ineffectiveness

[and/ or Prosecutorial Misconduct] ... spread upon a record [IN OPEN COURT for all

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to see] is exactly what the State and its licentious lackies don't want to see happen here

and are so very determined to prevent that they have even had the unmitigated gall to

I perpetrate (or at least attempt to perpetuate) a fraud upon our Texas Court of Criminal

Appeals in their not-so-veiled "C. Y .A." attempt( s) to protect the reputation( s) oftheir so-

called "Brothers (and Sisters) of the Bar"- each of whom so proudly style themselves

I "Officers of the Court(s)" but all-too-often act as though they are above the Law.

. . .and you wonder why so many of our incarcerated citizens- each of whom is

I nonetheless a human being deserving of that pseudo-aspirational thing known as Due

Process (and/or Due Course) of Law- often lament that

I

"This isn't justice- it's Just U$11?"

I ... and, as stated at page ten (10), infra, right now is the time for this Honorable

I Court to set its jaw(s) squarely against the kind(s) of guile and chicanery foisted upon

Carl Matthew Bellotti, III ab initio and, in the process, prevent The Great Writ ofHabeas

I Corpus from being "suspended" in contravention ofFederal and State constitutional law.

I ERRORES SCRIBENTIS NOCERE NON DEBENT

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I IN THE TEXAS COURT OF CRIMINAL APPEALS

AT AUSTIN, TEXAS

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I EXPARTE §

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§

WR-53,835-05

CARL MATTHEW BELLOTTI, ill §

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I NOTICE

in re the Official ~eporter's Record

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I TO THE HONORABLE JUDGES of said court:

I COMES NOW CARL MATTHEWBELLOTTI, III, APPLICANT Pro $e1 in the

above-styled and numbered cause, by and through Philip W. "Phi I'' Moore, who presents

I this his NOTICE in re the Official Reporter's Record pleading(s) in the above-

I styled and numbered cause in accordance with, inter alia, Article 11.12 {Who May

Present Petition)2 of our Texas Code ofCriminal Procedure and its "Hornbook Law"

I progenies and who, in support thereof, would respectfully show this Honorable Court the

I following:

I

I PROCEDURAL BACKGROUND

I 1

ALL "emphasi$" belongs to this writer unless otherwise indicated.

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I Either the party for whom the relief is intended, or any person "for" him, may

present a petition to the proper authority for the purpose of obtaining relief.

I Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

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I

I In the interest(s) ofbrevity, Applicant has raised two (2) Grounds for Relief in the

habeas pleading(s) filed on his behalf on Monday, February 9th, 2015- ineffective

I "assistance" of trial counsel (a/k:/a lAC) based primarily on "trial" counsel's failure(s)

I to so much as attempt to impugn the testimony of the State's "Star" Witnesses identified

infra and Prosecutorial Misconduct based primarily upon the State's knowing and

I intentional subornation of perjured testimony (viz, Inconsistent Statements as defmed

by V.T.C.A., Texas Penal Code §37.06) on the part of its two (2) "Star" Witnesses,

I Groves Police Department Sergeant Kevin Russell White and a Lay Witness by the name

I of Aelisa Faye Sanders .

. . .and despite prima facie evidence in support of Applicant's allegations and

I lengthy verbatim quotations from the Strickland Court's two-pronged test now required

for analysis of such lAC allegations,3 the habeas court below has entered its so-called

I Findings of Fact and Conclusions of Law asserting that

I " ... [A]pplicant has failed to meet his twin-burden of production

and persuasion for establishing his lAC claim, as required under

I Strickland v. Washington, 466 U.S. 668, 687-688 (1984), by a

preponderance of the evidence .... "

I " ...FINDINGS, CONCLUSIONS ..."@ p. 5. Worse yet, the habeas court below has

ordered the Jefferson County District Clerk's Office to immediately forward to this

I Honorable Court

I " ... [t]he [C]lerk's [R]ecord in ... [Cause] No. 09-072[83] ... ,"

ID.@ p. 6 (4), rather obviously intent upon compelling this Honorable Court to reach

I the merits vel non of the case at bar without benefit ofthe Official Reporter's (trial)

I Record/?

...and then most alarmingly, when this writer placed a telephone call to

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SeeMEMORANDUM@pp.l7-19.

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I Deborah Ann (Ann) Manes-the Assistant Jefferson County District Attorney who filed

the State's Original Answer pleading(s) in the case at bar- to question her about the

I habeas court's exclusion of the Official Reporter's (trial) Record from its so-called

I "Transmittal" Order, Ann Manes actually had the unmitigated gall to respond that

I "...the Official Reporter's (trial) Record is Off Limits on

Habeas Corpus/1?"

I REDUCTIO AD ABSURDUM

I Even a cursory review of the Strickland Court's holding(s) reveals that

I " ... a court deciding an actual ineffectiveness claim must judge

the reasonableness of counsel's challenged conduct on the facts of .

I the particular case, viewed as of the time of counsel's conduct.

A convicted defendant making a claim of ineffective assistance

must identify the acts or omissions of counsel [shown in the

I Official Reporter's (trial) Record] that are alleged not to have

been the result of reasonable professional judgment. The court

I must then determine whether, in light of all the circumstances, the

identified [in the Official Reporter's (trial) Record] acts or

I omissions were outside the wide range of professionally competent

assistance. . .. "

I Strickland v. Washington, 4 No. 82-1554, 466 U.S. 668, 690, 104 S.Ct. 2052, 80

(Argued 01/10/1984 - Decided 03/14/1984) (JUSTICE Sandra Day O'CONNOR

I delivering the opinion of the Court).

I QUERY: HOW _ _ _ is this Honorable Court supposed to comply with

the Strickland Court's ".. .must judge the reasonableness of counsel's challenged

I conduct [and/or, for that matter, the Prosecutorial Misconduct issue(s) intertwined

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... a true and correct copy of which- downloaded from the Internet @ Google Scholar-

I is attached hereto as Applicant's Exhibit "A" and included herein for the readers' perusal.

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I therewith] on the facts of[this] particular case, viewed at the time ofcounsel's [and/or

the State's Attorneys 1 conduct"mandate(s) without the Official Court Reporter's

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(trial) Record for crying out Loud/1//?

I CLEARly, 5 if Jefferson County officialdom is allowed to place the Official

I Reporter's (trial) Record "Off Limits" in the case at bar, it will have been allowed

to do so vis·a·vis the Supreme Law of the Land.

I Just for starters,

I "The Privilege of the Writ of Habeas shall not be suspended,

unless when in Cases ofRebellion or Invasion the public Safety

may require it."

I

Article I, Section 9 of our "United" States Constitution. 6

I "The judicial Power of the United States shall be vested in

one [S]upreme Court ... ,"

I Article Ill, Section 1 of our "United" States Constitution, and all courts in these

I "United" States of America- including our Texas Court of Criminal Appeals- are

"bound" by the decisions of our United States "Supreme" Court. Put another way,

I "... No State shall make or enforce any law which

shall abridge the privileges or immunities of citizens of

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For some definitions of the word clearly, see WEST'S LAW DICTIONARY, Ninth Edition

(1990), West Publishing Co., St. Paul, Minnesota@ p. 267.

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...and even in Texas

I "The writ of habeas corpus is a writ of right, and shall never

be suspended. The Legislature shall enact laws to render the remedy

I speedy and effectual."

Article I [Bill of Rights], Section 12 (Habeas Corpus), effective (with the approval of Texas

I Proposition 13) on November 6th, 2007.

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I the United States; nor shall any State deprive any person of

life, liberty, or property, without due process of law; nor deny

I to any person within its jurisdiction the equal protection of the

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1aws.

I Fourteenth (14th) Amendment to our "United" States Constitution- alkla the

I "Supremacy" Clause - adopted July 9th, 1868. 7

... and, as stated at page three (3), ante, our United States "Supreme" Court has

I already decided that

I ". . .a court deciding an actual ineffectiveness claim must

judge the reasonableness of counsel's challenged conduct on the

I facts of the particular case, viewed as ofthe time of counsel's

conduct. A convicted defendant making a claim of ineffective

assistance must identify the acts or omissions ofcounsel [shown

I in the Official Reporter's (trial) Record] that are alleged not

to have been the result ofreasonable professional judgment. The

I court must then determine whether, in light of all the

circumstances, the identified [in the Official Reporter's

I (trial) Record] acts or omissions were outside the wide range

of professionally competent assistance. . .. "

I Strickland v. Washington, supra. Accordingly, Deborah Ann (Ann) Manes'

I noxious "Off Limits" dirge should be sent packing to Davey Jones' FootLocker to

take its rightful place among the other faulty and defective merchandise which

I drummers representing the State have brought to the courts of Jefferson County,

I Texas (and elsewhere) to sell//?

What is really "Off Limits" here is the kind( s) of guile and chicanery foisted

I upon the hard-working/ tax-paying/voting citizens of Jefferson County, Texas (and

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" ...any person ... "folks, including Carl Matthew Bellotti, lll- his Judgment & Sentence

I in the case at bar notwithstanding//?

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I elsewhere) by licentious lackies who have forgotten that it is their

((...primary duty ... not to convict, but to see that justice is

I done. They shall not suppress facts [including facts

contained in the Official Court Reporter's (trial)

I Record] nor secret witnesses capable of establishing the

innocence of the accused [or providing prima facie

I evidence of the Prosecutorial .Misconduct and/or

Ineffective Assistance of Counsel (IAC) issues hotly

I presented by Applicant, viewed as of the time of

counsel's (and/or Prosecutors') conduct, as an aid to

I this Honorable Court in assessing the merits vel non of

Applicant's habeas claim(s)]."

I V.A.C.C.P. Article 2.01 - Duties of District Attorneys. They rather obviously have

I also forgotten that all lawyers- each of whom so proudly style themselves "Officers

of the Court(s)" but too often act as though they are above the Law- are responsible

I for the pleading(s) they submit to a tribunal in a(ny) given case and are forbidden to

I "...bring or defend a proceeding, or assert or controvert an

issue therein, unless the lawyer reasonably believes that there

is a basis for doing so that is not frivolous. " 8

I

Rule 3.01 (Meritorious Claims and Contentions)-TEXAS DISCIPLINARYRULES

I OF PROFESSIONAL CONDUCT- a/k/a the State Bar (of Texas) Rules. They

have lost their Moral Compass and visited substantial (and substantive) violence upon

I not only Carl Matthew Bellotti, III but upon the entire Criminal "Justice" System of

I Jefferson County, Texas (and elsewhere) as well ..

II

I CONCLUSION

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... and there is certainly nothing "reasonable" about Ann Manes' "Off Limits"

I noxious dirge- WHAT WAS SHE THINKING?

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I Sadly, the State has been given its chances to "come clean" but has chosen

instead to perpetuate its Dog & Pony Show routine in a series of"C.Y.A." attempts

I to keep the hard-working/tax-paying/voting citizens of Jefferson County, Texas (and

I elsewhere) from finding out just how things really "work" in that Jefferson County

Courthouse- all while attempting to shield their "Brothers (and Sisters) of the

I Bar·· from the Eyes of Texas so-to-speak.

Indeed, on Thursday, January 27th, 2015, Petitioner [accompanied by

I Applicant's dearly-beloved eighty-four (84+)-year old ailing/Heart Patient/Pensioner

I father] met with thenewly-electedDistrictAttomey of Jefferson County, Texas (Bob

Wortham) himself (Kimberly Ann "Kim" Hobbs, Assistant District Attorney, was

I also present)9 in an attempt to provide Jefferson County officialdom with an

opportunity to "take care of its own business" with a view towards avoiding the

I contentious litigation within which we now all find ourselves ensnared and presented

I Bob Wortham with a complete BOUND copy of the entire Official Court Reporter's

(trial) Record in the above-styled and numbered cause- BOTH TRIALS/all five

I (5) Volumes -prepared by SummerTanner(the Official Court Reporter in the case

I at bar) and paid for by Applicant's father, CarlS. Bellotti, Jr.long before these habeas

proceedings commenced.

I BUT all Bob Wortham seemed to want to talk about was having Petitioner file

I a "Bill of Review" pleading in the 252nd Judicial District Court of Jefferson County,

Texas (Hon. Raquel West,. Judge Presiding) seeking relief in the premises -

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... a meeting "arranged" by a telephone call to Mr. Wortham from the Honorable John Burch

I "Johnny" Stevens, Judge of the Criminal District Court (right next door to Judge West's courtroom)

of Jefferson County, Texas- one of the most impressive (if not the most impressive)·members

of the Bench that this writer has ever encountered- urging him (Wortham) to meet with Petitioner

I in an attempt to avoid this Armageddon.

Mr. Wortham allocated two (2) hours for that meeting- it lasted for slightly more than one-

and-a-half (1 ~)hours and resulted in little (if any) more than Mr. Wortham's "Bill of Review"

I ersatz.

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I ostensibly, relief would come "faster" that way/?

.. .but "that dog just won't hunt" so-to-speak- at least according to Randy

I Schaffer anyway,

I " .. [a] Bill of Review is only applicable to CIVIL cases-

the Texas Code of Criminal Procedure specifically states that

I the Texas Court of Criminal Appeals is the only Court

that can grant or deny relief to an applicant in cases

I involving a final felony conviction. . .. " [emphasis in

original]

I Petitioner's January 28th, 2015letter to Bob Wortham

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@ p. 1, ~ 3.

I It is against this backdrop that the State's Attorney (Ann Manes) vicariously

tarred Petitioner with having utilized mere "snippets" from the Official Court

I Reporter's (trial) Record in advancing Applicant's claims and then further stultified

I herself by asserting that

I "... [t]he snippets presented in Petitioner's memorandum

(page 8 et seq.) are not presented in context, and without context

the differences between the statements [made by Groves Police

I Department Kevin Russell White and a Lay Witness by the

name of Aelisa Faye Sanders] cannot be ascertained to rise to

I the level of perjury. . .. "

State's Original Answer @ p. 2.

I OKay, so we'll just let those duly-elected members of our Texas Court of

I Criminal Appeals peruse the entire Official Court Reporter's (trial) Record germane

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... a true and correct copy of which is attached hereto as Applicant's Exhibit "A" and

I included herein for all purposes.

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I

I to the case at bar -BOTH TRIALS/all five (5) Volumes

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- prepared by

I Summer Tanner (the Official Court Reporter) and paid for by Applicant's father, Carl

S. Bellotti, Jr. long before these habeas proceedings commenced and let those

I "impartial triers of fact" decide who the "snippet" Shill is.

In any event, right now is the time for this Honorable Court to set its jaws(s)

I squarely against the kind(s) of guile and chicanery bitterly complained of by

I Applicant so that those licentious lackies will all discover that

I it ain't no fun when 'da Rabbit gots 'da gun//?

Ill

I PRAYER

I WHEREFORE, PREMISES CONSIDERED, Applicant respectfully prays that

this Honorable Court will 0 R D E R the habeas court below to ORDER the Official

I Court Reporter of the 252nd Judicial District Court of Jefferson County, Texas to

provide this Honorable Court with a certified copy of said trial Record to enable this

I Honorable Court to comply with our United States "Supreme" Court's mandate(s)

I that

" ... a court deciding an actual ineffectiveness claim must

I judge the reasonableness of counsel's challenged conduct on the

facts of the particular case, viewed as of the time of counsel's

I conduct. A convicted defendant making a claim of ineffective

assistance must identify the acts or omissions of counsel [shown

in the Official Reporter's (trial) Record] that are alleged not

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... a true and correct copy of which will be hand-delivered to the Clerk of this Honorable

Court (Abel Acosta) commensurate ~th the filing of this NOTICE pleading- indeed, true and

I correct copies of said Official Court Reporter's (trial) Record can (and will) be delivered

electronically to each member of this Honorable Court upon request, but the rather voluminous

nature of that Record (and this writer's limited financial resources) make electronic transmission of

I that Record the best (if not only) way to "make everybody happy" so-to-speak.

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I to have been the result ofreasonable professional judgment. The

court must then determine whether, in light of all the

I circumstances, the identified [in the Official Reporter's

(trial) Record] acts or omissions that were outside the wide

I range of professionally competent assistance. . .. "

Strickland v. Washington, supra. In the alternative, this Honorable Court could

I (and probably should) rely upon the true and correct copy of the entire Official Court

I Reporter's (trial) Record- BOTH TRIALS/all five (5) Volumes 12 - being

provided to this Honorable Court by Petitioner at Petitioner's expense to enable it to

I reach the merits vel non of Applicant's claims in the case at bar.

I CLEARly, 13 because Applicant has alleged facts which, if true, would surely

entitle him to the relief sought, the proper course of action is to

I ". . .remand this matter to the trial court for resolution of the

factual issues presented in accordance with Article 11.07, § 3(d)

I of the [Texas] Code of Criminal Procedure."

I Ex parte Patterson, No. 72,866,993 S.W.2d 114, 115 (Tex. Crim. App. -05/2611999)

(Holland, J., delivering the unanimous opinion of the Court).

I "... In these circumstances, additional facts are needed.

As [this Honorable Court] held in Ex parte Rodriguez, 334

I S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the

appropriate forum for findings of fact. ... "

I Ex parte Hinojosa, WR-82,619-01 & WR-82,619-02 [ORDER@ p. 3] (Tex. Crim.

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... a true and correct copy of which will be hand-delivered to the Clerk of this Honorable

I Court (Abel Acosta) commensurate with the filing of this NOTICE pleading- indeed, true and

correct copies of said Official Court Reporter's (trial) Record can (and will) be delivered

electronically to each member of this Honorable Court upon request, but the rather voluminous

I nature of that Record (and this writer's limited financial resources) make electronic transmission of

that Record the best (if not only) way to "make everybody happy" so-to-speak.

I 13

See footnote five (5)@ p. 4, ante.

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I App.- Per Curiam- 02/25/2015) 14 (not designated for publication) and cases cited

I therein. At the very least, this Honorable Court should 0 R D E R the habeas court

below to

I " ... conduct a live [E]videntiary [H]earing [in this case], at

which [Groves Police Department Sergeant Kevin Russell White,

I A elisa Faye Sanders and both Prosecutors- Ernest Perry Thomas

and Patrick W. (Pat) Knauth] shall be called to testify.... "

I Ex parte Contreras, 15 WR-80,635-02 [ORDER @ p. 3] (Tex. Crim. App. - Per

Curiam- February 4th, 2015) (not designated for publication) and cases cited therein.

I The Challenge is issued - the Clarion Call is made.

I

Respectfully submitted,

I ~~~

I Philip W. "Phil" Moore, Petitioner Pro $e

I IV

CERTIFICATE OF SERVICE

I I, Philip W. "Phil" Moore, Petitioner in the above-styled and numbered cause and

I the Amicus Curiae "person" alluded to throughout pleadings filed in the case at bar,

hereby certify that the original and ten (1 0) true and correct copies of these NOTICE in

I re the Official Reporter's Record pleading(s) have been served upon the members

I of this Honorable Court by hand-delivering them as follows:

I

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Can't get much more "current" than that/?

Relief was finally GRANTED on February 25th, 2015 because "the truth, the whole

I truth and nothing but the truth" was finally allowed to prevail///?

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I

I Hon. Abel Acosta, Clerk

Texas Court of Criminal Appeals

I Supreme Court Building

201 West 14th Street, Room 106

P.O. Box 12308

Austin, Texas 78711-2308

I Phone: (512) 463-1551

FAX: 512/463-7061

e-mail: a.acosta@courts.state. tx. us

I

I Date: C1? /u U<S'/£

--~~~,~~,~~~---

month/day/year

ATTEST:

Philip W. "P

~

11" Moore, Petitioner Pro $e

I I further certify that- as soon as I can get to the Post Office from the Supreme

I Court Building where the Court of Criminal Appeals is located- three (3) true and

correct date-stamped ((FILED ... " copies of these NOTICE in re the Official

I Reporter's Record pleadings will be served upon the below named individual(si 6 by

placing the same in the United States Mail, First Class postage pre-paid, as follows:

I Debbie Folse, Deputy District Clerk17

Felony Criminal Section

I Jefferson County District Clerk's Office

Jefferson County Courthouse

1085 Pearl Street, Room 203

I Beaumont, Texas 77701-3545

Phone: (409) 835-8580

FAX: 409/835-8527

I e-mail: dfolse@co.jefferson.tx.us

CERTIFIED MAIL

I Article No. 7014 1200 0001 0065 9563

RETURN RECEIPT REQUESTED

I 16

...with one (1) copy each being intended for the records and files of the Jefferson County

District Clerk's Office, Hon. Raquel West, Judge Presiding ofthe 252nd Judicial District Court of

I Jefferson County, Texas and the State's Attorney, Deborah Ann (Ann) Manes.

17

... and Petitioner hereby once again seizes upon the opportunity to laud Debbie Folse and

I the girls in that office (including Hope) for their style, aplomb and professionalism in their dealing( s)

with this writer in the premises by calling this Honorable Court's attention to a much-welcomed,

needed and appreciated asset of the Criminal "Justice" System there in Jefferson County, Texas.

I LUKE 12: 2-3.

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I Date: o.ij/L ~o/§ ATTEST:~~

month/d~y/year Philip W. "P "Moore, Petitioner Pro $e

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I ADDENDUM

I THE

po$tage &return

RECEIPTS

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I Philip W. "Phil" Moore Phone: (512) 667-1508

P.O. Box 19471 + Austin, Texas 78760-9471 e-mail: pwmH.07@gm2ii.com

I

I Wednesday, January 28th, 2015

I Hon. Bob Wortham, District Attorney

Jefferson County District Attorney's Office

I 1085 Pearl Street, Suite 300

Beaumont, Texas 77701-3545

I in re Ex parte Carl Matthew Bellotti, III, No. 09-07283-A:

I AN UNCOMMON PLEA from an all-too-common victim/

I Dear Mr. Wortham,

First, mere words cannot possibly express my gratitude to you and a certain

I Kimberly Ann "Kim" Hobbs for graciously allowing me and Carl's 84-year-old father

(CarlS. Bellotti, Jr.) so much ofy'alls valuable time yesterday morning in your office

I to share our thoughts about the above-styled and numbered cause.

All of that said, and all of that is said, it has come to my attention that your

I "Bill of Review" thoughts are misplaced.

According to Randy Schaffer, one ofthe best (if not the Best) Criminal "Defense"

Lawyers in these United States of America, 1

I " ... [a] Bill of Review is only applicable to CIVIL cases- the

I Texas Code of Criminal Procedure specifically states that the

Texas Court of Criminal Appeals is the only Court that

can grant or deny relief to an applicant in cases involving

I a final felony conviction. . .. "

I I was a little bit embarrassed actually- I know Randy has one of the best Criminal Law

minds ever and I didn't want to stultify myself before him by asking dumb questions;

I however, with so much at risk, I "made that call" anyway.

I See the attached printout of Randy's web site downloaded this date from the Internet.

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I

I ... and, mirabile dictu, Randy returned my call @ 5:11PM and provided me with

the above-quoted input.

I ... and then I reviewed the relevant statute:

I (( ...Upon reviewing the record the [C]ourt [of Criminal

Appeals] shall enter its judgment remanding the applicant to

custody or ordering his release, as the law and the facts may

I justify. ... " [emphasis added]

I V.A.C.C.P. Article 11.07, Section 5 - PROCEDURE AFTER CONVICTION

WITHOUT DEATH PENALTY.

I SO in cases involving a final felony conviction, it is apparent that only the

Texas Court of Criminal Appeals- and not the "convicting" Court- may grant or

deny the relief sought.

I We will not be seeking relief from Raquel West via a "Bill of Review" pleading;

instead, we will be seeking relief from the Texas Court of Criminal Appeals via The

I Great Writ of Habeas Corpus in accordance with Article 11.07 of our Texas Code of

Criminal Procedure and its "Hornbook Law" progeny which, under the circumstances

present here,

I

('...where the alleged derelictions primarily are errors of

I omission de hors the record rather than commission revealed in

the 'trial' record, collateral attack may be just the vehicle by

which a thorough and detailed examination of alleged

I ineffectiveness [and Prosecutorial Misconduct et al] may

be developed and spread upon a record." [emphasis in

I original/emphasis added]

I Ex parte Duffy, No. 64863,607 S.W.2d 507,513 (Tex. Crim. App. -EnBanc-10/011

1980) (the Most Honorable Sam Houston Clinton, Judge, writing for the Court), Rehear-

ing Denied (11126/1980) and cases cited therein.

I

• • •

I .and I still expect a certain Ernest Perry Thomas to be held

accountable for his patently ignominious Subornation of Perjury in the

I premises!!?

... and you can tell him I said 'dot.

I

-2-

I

I

I Respectfully submitted,

I -~?e-r~

Philip W. "Phil" Moore

I

PWM/pwm

I Enclosure

I cc. Kimberly Ann "Kim" Hobbs, Asst. D.A.

Jefferson County District Attorney's Office

I 1085 Pearl Street, Suite 300

Beaumont, Texas 77701-3545

I Phone: (409) 835-8550

e-mail: khobbs@co.jefferson.tx.us

//

I ~file(s)

I

I

I

I

I

I

I

I

I

-3-

I

I

I

I

I

I

I

I

I the

I

I COVER

I

I . letter s

I

I

I

I

I

I

I

I

I Philip W. "Phil" Moore Phone: (512) 667-1508

15623 Fagerquist Road+ Del Valle, Texas 78617-5800 e-mail: pwm11.07@gmail.com

I

I Wednesday, March lith, 2015

I Hon. Sharon Faye Keller, Presiding Judge

Texas Court of Criminal Appeals

I Supreme Court Building

201 West 14th Street, Room 106

P.O. Box 12308

I Austin, Texas 78711-2308

I in re Ex parte Carl Matthew Bellotti, III, No. WR-53 ,835-05:

AN UNCOMMON PLEA - from an all-too-common victim!

I

Your Honor,

I Just for starters, this is not a prohibited Ex Parte cqmmunication because this

I letter is being shared with not only all of the parties to the above-styled and numbered

cause but each ofyour fellow Jurists on the Texas Court of Criminal Appeals as well.

TO BE CLEAR, the unusual step of filing pleadings directly in the Texas Court

I of Criminal Appeals - and communicating directly with each sitting Member of the

Court - is being taken because

I A FRAUO has been perpetrated upon this Honorable Court

I in the above-styled and numbered cause by Jefferson County officialdom's not-so-veiled

insistence upon depriving our Texas Court of Criminal Appeals of the Official Court

I Reporter's (trial) Record despite the Strickland Court's mandate(s) that

... . .a court [including our Texas Court of Criminal

I Appeals] deciding an actual ineffectiveness claim must judge

the reasonableness of counsel's challenged conduct on the

I facts ofthe particular case, viewed as ofthe time ofcounsel's

conduct. ... " [emphasis in original]

I

- 1-

I

I

I "NOTICE ... " pleading(s)@ p. i - fOREWORD. Indeed, at least according to the

State's Attorney who filed the State's Original Answer pleading(s) in the case at bar

I ("Rubber Stamped" by the habeas court below that very next morning) anyway,

I ". . .the Official Reporter's (trial) Record is Off

Limits on Habeas Corpus II?"

I ID.

While it is true that literally everything I know about the criminal law( s) of this

I Great State of Texas could easily be written upon a cigarette butt with a crayola, what

I do know is that Jefferson County officialdom has adopted a "Record" position in this

Bellotti case which - if allowed to go unchecked - would do substantial (and

I substantive) violence to our Court of Criminal Appeals' ability to follow the above-

quoted mandate( s) of the Strickland Court in assessing the merits vel non of litigants'

I Ineffective Assistance of Counsel (lAC) claims, all while allowing the State and its

licentious lackies to escape scrutiny for committing and/or suborning Aggravated

I Perjury (a/k/a Inconsistent Statements) from the "Witness" Stand in violation of a

cornucopia of"Hornbook Law" jurisprudence, including the fact that time has not eroded

the force of Justice Sutherland's thoughtful remarks when he wrote for the Court that

I " ... [t]he right to be heard would be, in many cases, oflittle avail

if it did not comprehend the right to be heard by [effective]

I counsel. Even the intelligent and educated layman has small and ·

sometimes no skill in the science of the law. If charged with

I crime, he is incapable, generally, of determining for himself

whether the indictment is good or bad. He is unfamiliar with the

rules of evidence. Left without the aid of counsel he may be put on

I trial without a proper charge, and convicted upon incompetent

evidence, or evidence irrelevant to the issue or otherwise

inadmissible. He lacks both the skill and knowledge adequately

I to prepare his defense, even though he have a perfect one. He

requires the guiding hand of counsel at every step in the

proceedings against him. Without it, though he be not guilty, he

I faces the danger of conviction because he does not know how to

establish his innocence. If that be true of men of intelligence, how

I much more true is it ofthe ignorant and illiterate, ot those of feeble

intellect. If in any case, civil or criminal, a state or federal court

were arbitrarily to refuse to hear a party by counsel, employed by

I [or appointed to represent him] and appearing for him, it

reasonably may not be doubted that such a refusal would be a

denial of a hearing and, therefore, [D ]ue [P]rocess [of Law] in the

I constitutional sense." [emphasis added]

-2-

I

I

I Powell v. Alabama, Nos. 98, 99 & 100,287 U.S. 45, 68-69, 53 S.Ct. 55, 77 L.Ed. 158

(Argued 10/10/1932 -Decided 11107/1932) (MR. WSTICE Thomas SUTHERLAND

I delivering the opinion of the Court); cf., United States v. Cronic, No. 82-660, 466

U.S. 648,654@ fn. 8, 104 S.Ct. 2039,80 L.Ed.2d 657 (Argued 01110/1984 -Decided

I 05/ 1411984) (MR. WSTICE John Paul STEVENS delivering the opinion of the

Court) and cases cited therein.

In this Bellotti case, as eloquently stated by Mr. Justice Stevens,

I

"... [Applicant] can ... make out a claim ofineffective assistance

I [of counsel and/or Prosecutorial Misconduct] only by pointing

to specific errors made by 'trial' counsel [and/or specific

I instances of Prosecutorial Misconduct," [emphasis added]

Cronic, supra, 466 U.S. @ 666, and Jefferson County officialdom knows that the only

I place where those counsel errors and/or those instances of Prosecutorial

Misconduct can be identified, viewed at the time of those errors/that

I Prosecutorial Misconduct, is in the Official Court Reporter's trial Record.

THEY KNOW those two (2) "Star" Witnesses committed "Aggravated Perjury"

I as defmed by Texas Penal Code §37.06- Inconsistent Statements.

THEY KNOW a certain Ernest Perry Thomas 1 knowingly and intentionally

I suborned Aggravated Perjury on the part of the State's two (2) "Star" Witnesses-

Groves Police Department Sergeant Kevin Russell White and a Lay Witness by the name

of Aelisa Faye Sanders.

I ... and THEY KNOW that

I "... [t]he State is not allowed to obtain a 'conviction' through the

use of perjured testimony [or other false evidence]. Napue v.

Illinois, 360U.S. 264,79 S.Ct. 1173,3 L.Ed.2d 1217. Further-

I more, reversal must follow if the prosecutor presents a

false picture of the facts by failing to correct its own

I testimony when it first becomes apparent that it was false.

Napue v. Illinois, supra; Means v. State, 429 S.W.2d 490, Tex.

I Crim. App. [1968] .... " [emphasis in original]

MEMORANDUM pleading(s)@ p. 12.

I

I ...with a certain Patrick W. "Pat" Knauth witting right there beside him ...

- 3-

I

I

I ...and that is exactly why those licentious lackies there in good 'ol Jefferson

County, Texas don't want Applicant to be able to utilize the Official Court Reporter's

I (trial) Record to provide our Texas Court of Criminal Appeals with prima facie

evidence in support of his habeas claims

I "... and are so very determined to prevent [Applicant from doing

precisely that] that they have even had the unmitigated gall to

I perpetrate (or at least attempt to perpetuate) a fraud upon our

Texas Court of Criminal Appeals in their not-so-veiled "C.Y.A."

I attempt( s) to protect the reputation( s) of their so-called "Brothers

(and Sisters) of the Bar" - each of whom so proudly style

themselves "Officers of the Court(s)" but all-too-often act as

I though they are above the Law." [emphasis in original]

I '

1

NOTICE ... " pfeading(s)@ p. ii.,

... and it's got to stop NOW!!!

I ... and failure(s) of you and your fellow Jurists to do exactly that in this case

would at least tend to undermine Public confidence in our judiciary- this one isn't

gonna go away, Your Honor: BELIEVE THAT!!

I

I

• • •

I would be easy enough for me to just go about my own Rat Killing and leave Carl

Matthew Bellotti, III and/or his dearly-beloved eighty-four (84+)-year-old ailing/Heart

I Patient/Pensioner father to their own devices,

I But I have promises to keep,

And miles to go before I sleep,

Arid miles to go before I sleep.

I Robert Frost, Stopping By Woods on a Snowy Evening (1923).

I To say that I "anxiously" await the Court's response to these onerous habeas

efforts would be a classic understatement indeed.

I Respectfully submitte~

~~ -z_u;-~~fL_

I

I Philip W. "Phil" Moore, Petitioner Pro $e

- 4-

I

I

I PWM!pwm

I cc. Hon. Lawrence E. Meyers, Judge

I Hon. Robert C. "Bert" Richardson, Judge

Hon. Kevin Patrick Yeary, Judge

I

Hon. Cheryl Johnson, Judge

I Hon. Michael E. "Mike" Keasler, Judge

I Hon. Barbara Parker Hervey, Judge

Hon. Elsa R. Alcala, Judge

I Hon. David Christopher Newell, Judge

I Debbie Folse, Deputy District Clerk

Felony Criminal Section

I Jefferson County District Clerk's Office

Hon. Raquel West, Judge Presiding

I 252nd Judicial District Court

of Jefferson County, Texas

I Deborah Ann (Ann) Manes, Asst. Dist. Attn.

Jefferson County District Attorney's Office

I several

I ~e(s)

I

I

I

I

- 5-

I

I

I Philip W. "Phil" Moore Phone: (512) 667-1508

15623 Fagerquist Road+ Dei Valle, Texas 78617-5800 e-mail: pwm11.07@gmail.com

I

I Wednesday, March 11th, 2015

I Debbie Folse, Deputy Clerk

Jefferson County District Clerk's Office

I Jefferson County Courthouse, Room 203

1085 Pearl Street

Beaumont, Texas 77701-3545

I

in re Ex parte Carl Matthew Bellotti, III, No. WR-53,835-05:

I AN UNCOMMON PLEA - from an all-too-common victim!

I Dear Debbie,

I Please fmd enclosed three (3) true and correct date-stamped "FILED ... "(in

the Court ofCriminal Appeals) copies 1 ofmy NOTICE in re the Official Reporter's

Record2 pleading(s) in the above-styled and numbered cause.

I

... one copy being intended for the records and files of the Jefferson County District Clerk's

I Office with one ( 1) copy each provided for Judge West and for the State's Postconviction Attorney,

Deborah Ann (Ann) Manes.

I 2

... the five (5) volume Record which Deborah Ann (Ann) Manes stated to me was

Limits" in habeas cases despite the Strickland Court's mandate(s) that

"Off

I "... a court deciding an actual ineffectiveness claim must judge the

reasonableness of counsel's challenged conduct on the facts of the

particular case, viewed as of the time of counsel's conduct. A convicted

I defendant making a claim of ineffective assistance must identify the acts

or omissions of counsel [shown in the Official Reporter's (trial)

I Record] that are alleged not to have been the result of reasonable

professional judgment. The court must then determine whether, in light of

all the circumstances, the identified [in the Official Reporter's (trial)

I Record] acts or omissions were outside the wide range of professionally

competent assistance. . .. "

I ld., 466 u.s. 668, 690 (1984).

- 1-

I

I

I ... and allow me to once again thank you (and all of the girls there in your

office- including Hope) for y'alls style, aplomb and professionalism in your dealing(s)

I with me in the premises!

" ... and miles to go before I sleep, and miles to go before I sleep."

I Respectfully submitted,

I ~~~

Philip W. "Phil" Moore

I PWM/pwm

I Enclosures

I cc. Carl Matthew Bellotti, III, 1755639

East Texas Treatment Facility

P.O. Box 8000

I Henderson, Texas 75653-8000

I Carl S. Bellotti, Jr.

2122 Merriman Street

Port Neches, Texas 77651-3728

I Phone: (409) 626-4542

I ~- Abel Acosta, Clerk

Texas Court of Criminal Appeals

Supreme Court Building

I 201 West 14th Street, Room 106

P.O. Box 12308

I Austin, Texas 78711-2308

Phone:(512)936-1620

FAX: 512/463-7061

I e-mail: a.acosta@courts.state.tx.us

I s e v e r a 1 others

file(s)

I

I

-2-

I

Philip W. "Phil" Moore Phone: (512) 667-1508

15623 Fagerquist Road + Del Valle, Texas 78617-5800 e-mail: pwm11.07@gmail.com

Wednesday, March 11th, 2015

Hon. Sharon Faye Keller, Presiding Judge-

RECEIVED IN

Texas Court of Criminal Appeals COURT OF CRIMINAL APPEALS

Supreme Court Building

201 West 14th Street, Room 106 MAR-t 1 2015

P.O. Box 12308

Austin, Texas 78711-2308 Abel Acosta, Clerk

in re Ex parte Carl Matthew Bellotti, III, No. WR-53,835-05:

AN UNCOMMON PLEA - from an all-too-common victim!

Your Honor,

Just for starters, this is not a prohibited Ex Parte communication because this

letter is being shared with not only all of the parties to the above-styled and numbered

cause but each ofyour fellow Jurists on the Texas Court of Criminal Appeals as well.

TO BE CLEAR, the unusual step of filing pleadings directly in the Texas Court

of Criminal Appeals - and communicating directly with each sitting Member of the

Court - is being taken because

A FRAUO has been perpetrated upon this Honorable Court

in the above-styled and numbered cause by Jefferson County officialdom's not-so-veiled

insistence upon depriving our Texas Court of Criminal Appeals of the Official Court

Reporter's (trial) Record despite the Strickland Court's mandate(s) that

". . .a court [including our Texas Court of Criminal

Appeals] deciding an actual ineffectiveness claim must judge

the reasonableness of counsel's challenged conduct on the

facts ofthe particular case, viewed as ofthe time ofcounsel's

conduct. ... " [emphasis in original]

- 1-

"NOTICE ..." pleading(s) @ p. i - fOREWORD. Indeed, at least according to the

State's Attorney who filed the State's Original Answer pleading(s) in the case at bar

("Rubber Stamped" by the habeas court below that very next morning) anyway,

"... the Official Reporter's (trial) Record is Off

Limits on Habeas Corpus/!?"

lD.

While it is true that literally everything I know about the criminal law( s) of this

Great State of Texas could easily be written upon a cigarette butt with a crayola, what

I do know is that Jefferson County officialdom has adopted a "Record" position in this

Bellotti case which - if allowed to go unchecked - would do substantial (and

substantive) violence to our Court of Criminal Appeals' ability to follow the above-

quoted mandate(s) of the Strickland Court in assessing the merits vel non of litigants'

Ineffective Assistance of Counsel (lAC) claims, all while allowing the State and its

licentious lackies to escape scrutiny for committing and/or suborning Aggravated

Perjury (a/k/a Inconsistent Statements) from the "Witness" Stand in violation of a

cornucopia of"Hornbook Law" jurisprudence, including the fact that time has not eroded

the force of Justice Sutherland's thoughtful remarks when he wrote for the Court that

" ... [t]he right to be heard would be, in many cases, oflittle avail

if it did not comprehend the right to be heard by [effective]

counsel. Even the intelligent and educated layman has small and

sometimes no skill in the science of the law. If charged with

crime, he is incapable, generally, of determining for himself

whether the indictment is good or bad. He is unfamiliar with the

rules of evidence. Left without the aid of counsel he may be put on

trial without a proper charge, and convicted upon incompetent

evidence, or evidence irrelevant to the issue or otherwise

inadmissible. He lacks both the skill and knowledge adequately

to prepare his defense, even though he have a perfect one. He

requires the guiding hand of counsel at every step in the

proceedings against him. Without it, though he be not guilty, he

faces the danger of conviction because he does not know how to

establish his innocence. If that be true of men of intelligence, how

much more true is it ofthe ignorant and illiterate, or those of feeble

intellect. If in any case, civil or criminal, a state or federal court

were arbitrarily to refuse to hear a party by counsel, employed by

[or appointed to represent him] and appearing for him, it

reasonably may not be doubted that such a refusal would be a

denial of a hearing and, therefore, [D]ue [P]rocess [of Law] in the

constitutional sense." [emphasis added]

- 2-

Powell v. Alabama, Nos. 98, 99 & 100,287 U.S. 45, 68-69, 53 S.Ct. 55, 77 L.Ed. l58

(Argued 10/10/1932 -Decided 11107/1932) (MR. illSTICE Thomas SUTHERLAND

delivering the opinion of the Court); cf., United States v. Cronic, No. 82-660, 466

U.S. 648,654@ fn. 8, f04 S.Ct. 2039,80 L.Ed.2d 657 (Argued 01/10/1984 -Decided

05/ 14/1984) (MR. illSTICE John Paul STEVENS delivering the opinion of the

Court) and cases cited therein.

In this Bellotti case, as eloquently stated by Mr. Justice Stevens,

..... [Applicant] can ... make out a claim ofineffective assistance

[of counsel and/or Prosecutorial Misconduct] only by pointing

to specific errors made by 'trial' counsel [and/or specific

instances of Prosecutorial Misconduct," [emphasis added}

Cronic, supra, 466 U.S. @ 666, and Jefferson County officialdom knows that the only

place where those counsel errors and/or those instances of Prosecutorial

Misconduct can be identified, viewed at the time. of those errors/that

Prosecutorial Misconduct, is in the Official Court Reporter's trial Record.

THEY KNOW those two (2) "Star" Witnesses committed "Aggravated Perjury"

as defmed by Texas Penal Code §37.06- Inconsistent Statements.

THEY KNOW a certain Ernest Perry Thomas 1 knowingly and intentionally

suborned Aggravated Perjury on the part of the State's two (2) "Star" Witnesses-

Groves Police Department Sergeant Kevin Russell White and a Lay Witness by the name

of Aelisa Faye Sanders .

. . .and THEY KNOW that

..... [t]he State is not allowed to obtain a 'conviction' through the

use of perjured testimony [or other false evidence]. Napue v.

Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217. Further-

more, reversal must follow if the prosecutor presents a

false picture of the facts by failing to correct its own

testimony when it first becomes apparent that it was false.

Napue v. Illinois, supra; Means v. State, 429 S.W.2d 490, Tex.

Crim. App. [1968] .... " [emphasis in original}

MEMORANDUM pleading(s)@ p. 12.

1

... with a certain Patrick W. "Pat" Knauth witting right there beside him ...

- 3-

...and that is exactly why those licentious lackies there in good 'ol Jefferson

County, Texas don't want Applicant to be able to utilize the Official Court Reporter's

(trial) Record to provide our Texas Court of Criminal Appeals with prima facie

evidence in support of his habeas claims

..... and are so very determined to prevent [Applicant from doing

precisely that] that they have even had the unmitigated gall to

perpetrate (or at least attempt to perpetuate) a fraud upon our

Texas· Court of Criminal Appeals in their not-so-veiled "C.Y.A."

attempt( s) to protect the reputation( s) of their so-called "Brothers

(and Sisters) of the Bar" - each of whom so proudly style

themselves "Officers of the Court(s)" but all-too-often act as

though they are above the Law." [emphasis in original]

"NOTICE ... " pleading(s) @ p. ii.,

... and it's got to stop NOW/II

. . .and failure( s) of you and your fellow Jurists to do exactly that in this case

would at least tend to undermine Public confidence in our judiciary- this one isn't

gonna go away, Your Honor: BELIEVE THATI I

• • • •

I would be easy enough for me to just go about my own Rat Killing and leave Carl

Matthew Bellotti, III and/or his dearly-beloved eighty-four (84+)-year-old ailing/Heart

Patient/Pensioner father to their own devices,

But I have promises to keep,

And miles to go before I sleep,

And miles to go before I sleep.

Robert Frost, Stopping By Woods on a Snowy Evening (1923).

To say that I "anxiously" await the Court's response to these onerous habeas

efforts would be a classic understatement indeed.

Respectfully submitted,

<J>4·~~·

Philip W. "Phil" Moore, Petitioner Pro $e

-4-

PWM!pwm

cc. Hon. Lawrence E. Meyers, Judge

Hon. Robert C. "Bert" Richardson, Judge

Hon. Kevin Patrick Yeary, Judge

Hon. Cheryl Johnson, Judge

Hon. Michael E. "Mike" Keasler, Judge

Hon. Barbara Parker Hervey, Judge

Hon. Elsa R. Alcala, Judge

Hon. David Christopher Newell, Judge

Debbie Folse, Deputy District Clerk

Felony Criminal Section

Jefferson County District Clerk's Office

Hon. Raquel West, Judge Presiding

252nd Judicial District Court

of Jefferson County, Texas

Deborah Ann (Ann) Manes, Asst. Dist. Attn.

Jefferson County District Attorney's Office

s e v e r a 1 others

file(s)

- 5-

J .

...

I ·"'

I THE STATE OF TEXAS .§ IN THE DISTIUCT COURT OF

§ .

I vs. §

§

JEFFERSON COUNTY, TEXAS

· CARL MATTBEW BELLOTTI, J11 § [252ND JUDICIAL DISTRICT]

I

I (}

I

I \

I 4

REPORTER'S. RECORD

I Volume 1 of 1

****************************

I BOND 'HEARING

I <:l>

. August26th,2009

~****************************

IJ RECEIVED IN

COURT OF CRIMINAl APPEALS

MAR .11 '2015

I Abel Acosta, Clerk

I .

I

I Philip. W. "Phil" Moore, Amicus Curiae

15623 Fagerquist Road

Del Valle, Texas 78617-5800 o

I~. Phone: (512) 667-1508

(I

e-mail: pwm11.07@gmail.com

·I

.I

I

I THE STATE OF TEXAS § IN THE DISTRICT COURT OF

§

I V& §

§

JEFFERSON COUNTY, TEXAS

CARL MATTHEW BELLOTTI, III § [252ND JUDICIAL DISTRICT]

I

I

I

I

I REPORTER'S RECORD

I Volume 1 of 1

I ****************************

BOND HEARING

I August 26th, 2009

****************************

I

I

I

I

I Philip W. "Phil" Moore, Amicus Curiae

15623 Fagerquist Road

Del Valle, Texas 78617-5800

~I Phone: (512) 667-1508

e-mail: pwm11.07@gmail.com

:I

I

I 1

I .-.,-....

-~--

•

-~ ..

~

1 REPORTER'S RECORD

2 VOLUME 1 OF 1

3 TRIAL COURT CAUSE NO. 08-04604

I 4

THE STATE OF TEXAS * IN THE 252ND DISTRICT

I 5 *

*

6 vs. * COURT OF

I 7

*

*

CARL MATTHEW BELLOTTI, *

I 8 I II, AKA CARL MATHEW

BELLOTTI, III AKA CARL

9 MATHEW BELO.TTI, III, AKA

*

*

*

CARL MATTHEW BELLOTTI * JEFFERSON COUNTY, TEXAS

I 10

11

I ,....... ....

·..:-·

12 * * * * * * * * * * * * * * * * * * * *

BOND HEARING

I 13 * * * * * * * * * * * * * * * * * * * *

14

I 15 On the 26TH day of AUGUST, 2009, the following

16 proceedings came on to be heard in the. above-entitled

I 17 and numbered cause before the Honorable Layne Walker,

I 18 Judge Presiding, held in Beaumont, Jefferson County,

19 Texas:

I 20

I 21

22

Proceedings reported by Machine Shorthand.

I .........

23

24

I __jJi$' 25

I c, : y·-

O~ p· ·~

SUMMER TANNER, CSR, RPR "'

252nd District Court

I

2

1··-

1 r:JII 1

2

A P P E A R A N C E S

3 FOR THE STATE:

I 4 Mr. Perry Thomas

SBOT NO. 19849120

I 5 Assistant District Attorney

1001 Pearl, 3rd Floor

6 Be a urn on t , Texas 7 7 7 0 1

I 7 FOR THE DEFENDANT:

I 8 Mr. Bryan Laine

SBOT NO. 24011488

9 Attorney at Law

1045 Redwood

I 10 Kountze, Texas 77625

11

I 12

I 13

14

I 15

16

I 17

I 18

19

I 20

I 21

22

I 23

24

·(~ 25

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 3

I-

. . l~

''-:JJI 1 VOLUME 1

1 2 BOND HEARING

~-- 3 PAGE

4 Case Called 4

I- 5 Motion to Amend Indictment 4

6 Motion Granted

I 7 Court Orders Drug Test

6

8

I 8 Case Reset 9

9 Drug Test Results 9

I 10 Court Raises Bond 11

~--- 11 Reporter's Certificate 13

12

1 ~

~

13

14

I 15

I 16

17

I 18

19

I 20

I 21

22

I 23

24

·J~ 25

I SOMMER TANNER, CSR, RPR

252nd District Court ~

I

I 4

I

I~~

1 THE COURT: Carl Bellotti?

2 MR. LAINE~ He is present.

3 MR. THOMAS: Judge, we have a motion in

I 4 that case, a Motion to Amend the Indictment. I would

I 5 like to file it at this time.

6 THE COURT: Okay, Y'all can come on up.

I 7 Let me see the file on Carl Bellotti. This is

I 8

9

Cause No. 4604. H~w

MR. THOMAS:

many prior DWI's does he have?

Quite a few. And the

I 10 amendment then adds some to that enhancement count,

11 too, Judge.

I 12 THE CbURT: five, six -- am I right on

.

• 'fi:::;

I ;,'::17~~..

. .=s:·-~

13 that?

14 MR. THOMAS: Two misdemeanors, and then, I

I 15 think, four felony DWI 's, Judge.

16 THE COURT: 1999, 1999, 1998 -- what is

I 17 the amendment?

I 18 MR. THOMAS: The amendment -- there's a

19 number of amendments, Your Honor. The first begins

I 20 with-- it's going to be in the second paragraph of the

21 indictment, the first enhancement counts. If the Court

I 22 goes down, i t says, "January 19th, 1988." That should

I 23 be "January 5th, 1989."

24 THE COURT: Okay.

25 MR. THOMAS: Then if the Court goes down

SUMMER TANNER, CSR, RPR

252nd District Court

I

I 5

I

(·J}.Z!: 1 one, two -- the third line below that, and it says,

I ... - ·<·;J

.

·:·~'-

2 "and on driving while intoxicated -- second degree

1 3 felony"

4 THE COURT: Y.eah.

I 5 MR. THOMAS: -- that -- begin that, "and

6 on driving," line should be eliminated.

I 7 THE COURT: Eliminate "and on driving

I 8 while intoxicated"?

9 MR. THOMAS: Yes, sir. And that would

I 10 continue to the fourth line down whe~e it -- go past

I ._ 11 wheres it says "in C~use No. 83727, the Defendant

12 committed the felony of driving while intoxicated,"

~--~ 13 eliminate all that to that semicolon.

14 THE COURT: Okay.

I. 15 MR. THOMAS: It then picks up and

I 16

17

continues correctly on there the two enhancement counts

coming out of the Criminal District Court. There's two

I 18 enhancement counts that are okay there.

19 THE COURT: Okay.

I 20 MR. THOMAS: Then after that, it would

I 21 then add the langciage found in the motion here which

22 would state, "and on February lOth, 1999." That

I 23 language is going to have to be added at the end of

24 that paragraph right here, Judge (pointing) . This

25 first enhancement will begin with ...

SUMMER TANNER, CSR, RPR

252nd District Court

I 6

I

I (~ 1

2

THE COURT: That's numbers--

in the Criminal District Court, in Cause No.

(reading),

690-

3 the Defendant was convicted of the felony offense of

I 4 driving while intoxic:ated"

I 5 MR. THOMAS: Yes, sir.

I - 6 THE COURT: -- "and on February" --

7 MR. THOMAS: Yes, sir. That language

I 8

9

"and on February 10' 1999," that language to the end of

that paragraph.

I 10 Just for the record, that adds a

11 conviction of Guadalupe County and another conviction

I 12 out of the Criminal District Court of Jefferson COunty,

~--l) 13 Texas.

14 THE COURT: Okay. I've made those

I 15 amendments. Is there any objection to those

16 amendments?

I 17 MR. LAINE: No objection, Your Honor.

I 18 THE COURT: Okay.

19 MR. THOMAS: Judge, this is for Court's

I 20 file. That's been file marked (tendering).

I 21

22

THE COURT:

Motion to Amend (signing).

I will go ahead and sign the

All right. That's done.

I 23 Okay~ And what is the offer in this case -~

24 Mr. Bellotti, c.ome on up.

I (f) 25 (DEFENDANT APPROACHES BENCH)

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 7

I

.-~

1 MR. THOMAS: It's 6 T.D.C., Your Honor.

2 THE COURT: How many prior DWI convictions

I 3 do you have, sir?

4 THE DEFENDANT: Dating back from, uh -- I

I 5 guess 198 7 is the first one up until the present.

6 THE COURT: How many?

I 7 THE DEFENDANT: I think there's 12 or 1 3 .

I 8 THE COURT: 12 or 13?

9 THE DEFENDANT: Ye.s, sir. A lot of them.

I 10 I figure I pleaded guilty just to get out of them.

11 THE COURT: Just to get rid of them, huh?

I 12 THE DEFENDANT: Yes, sir.

li) 13 THE COURT: You didn't do them. I

14 understand.

I 15 THE DEFENDANT: Yes, sir.

16

I 17

THE COURT:

THE DEFENDANT:

Are you driving a vehicle?

Not right now, sir.

I 18 THE COURT: When's the last time you had

19 something to drink?

I 20 THE DEFENDANT: Sir?

I 21

22

THE COURT:

something to drink?

When's the last time you had

I 23 THE DEFENDANT: I haven't had anything to

24 drink in quite awhile.

lc~ 25 THE COURT: What is "quite awhile"?

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 8

I

1 Probably that September

.-® 2 21st of 2008.

THE DEFENDANT:

3 THE COURT: Any kind of drugs?

I 4 THE DEFENDANT: No, sir.

I 5 THE COURT: So, if I tested you, you would

6 be clean on every bit of it?

I 7 THE DEFENDANT: Yes, sir.

I 8

9 anyway.

THE COURT:

Let's see.

Okay. We are going to do that

I want to set this -- the offer's

I 10 6 years, and it's rejected?

11 THE DEFENDANT: Yes.

I 12 THE COURT: 11

YeS 11

? "Y e S 11

?

'I)·:J;;.~'­

I :i)~'~~:

,. 13 THE DEFENDANT: (Nodding head up and down)

14 MR. LAINE: You have to speak up.

I 15 THE COURT: The offer's rejected?

16 THE DEFENDANT: Yes, sir.

I 17 THE COURT: Okay. I'm going to set this

I 18 case for a trial next Wednesday. Y'all will be the

19 No. 1 case.

I 20 MR. LAINE: Yes, sir.

21

I THE COORDINATOR:

22 docket on that Wednesday.

Judge, we don't have a

I 23 THE COURT: All xight. The Wednesday

24 after that. What's the date?

101) 25 THE COORDINATOR: We're going tb have to

I SUMMER TANNER, CSR, RPR

252nd District Cou·rt

I

I 9

I

-· ® 1 do it the fbllowing Wednesday.

I

.

2 THE COURT: That's what I said. What's

3 that date?

I 4 THE COORDINATOR: September 16th.

I 5 THE COURT: All right. You will not under

6 any circumstances operate a motor vehicle. Do not

I 7 operate a motor vehicle --

I 8

9

THE DEFENDANT:

THE COURT:

No,

under any

sir. I haven't been.

c~rcumstances. I

I 10 also want to get you hooked Up to an alcohol bracelet

11 between now and the time you go to trial. We are going

I 12 to get that done today.

I Cl 13 Let's get somebody over from

14 probation to test him to make sure th~t he hasn't had

I 15 any alcohol or drugs. And we will get y'all back down

16 here on September 16th. If you will, have a seat over

I 17 there in the jury box. We will get to you here in just

I 18 a minute.

19 MR. LAINE: Thank you, Your Honor. May I

I 20 be excused?

I 21

22

THE COURT: You bet..

(PAUSE IN PROCEEDINGS)

I 23 THE COURT: Mr. Bellotti, it looks like

24 you studied hard, and you tested positive for marijuana

·~ 25 and cocaine.

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 10

I I

I 1 TME DEFENDANT: Yeah. And, Your Honor,

2 I --

•... (j) 3 THE COURT: So, you failed.

4

I 5

THE DEFENDANT:

haven't been doing that.

-- I'm telling you, I

I 6 THE COURT: It's those Flintstones

7 vitamins?

I 8 THE DEFENDANT: I am taking care of my

I 9

10

father; he's 80.

she's 79.

And I'm taking care of my mother;

1-- 11 THE COURT: I unders~and.

12 THE DEFENDANT: She has Alzheimer's full

13 -- full degree.

14 THE COURT: I understand.

15 THE DEFENDANT: That's all I do is take

16 care of their home.

17 THE COURT: I understand, but -- so, you

1--- 18 got it in some vitamins?

1- 19 THE DEFENDANT: I do take Centrum Silver

20 all the time.

1-- 21 THE COURT: Laced with cocaine?

22 THE DEFENDANT: No.

1 23 THE COURT: Okay.

1-- 24 THE DEFENDANT: Not that I know.

25 THE COURT: Anyway, long story short is,

1--

.j~ SUMMER TANNER, CSR, RPR

252nd District Court

11

1 you are going to jail. You're a danger to our

2 community. I'm going to set your bond at a million

3 dollars. You can go with the bailiff. Have a good

4 day.

I 5 THE DEFENDANT: Set my bond at a million

6 dollars?

I 7 THE COURT: Yes, sir. I sure did. I sure

I 8 did.

9

1 rrdllion. You don't get to do cocaine a.nd · --

THE DEFENDANT: I don't do --

I 10 THE 'COURT: and marijuana.

~

•

11 THE DEFENDANT: cocaine. I don't have

I 12 an attorney either --

I~

_,

{:~;{~)t~~

5:..:::;. ~{" 13 THE COURT: I understand that.

14 THE DEFENDANT: -- okay?

I 15 THE COURT: I understand that.

16 THE DEFENDANT: I don't have an attorney.

I 17 THE COURT: I understand. You have a good

I 18 day. But you do have cocaine in your system.

19 Sir, do you understand everything

I 20 that's going on?

I 21

22

MR. BELLOTTI, SR:

THE COURT:

Yes, sir.

I am not trying to give him a

I 23 hard time, but with 13 prior convictions o.f DWI, I gave

24 him an opportunity to come clean, and to stand there

·-GJ 25 and lie to me -- cocaine doesn't creep into your system

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 12

I--

-- .

1 and neither does marijuana. Long story short, .he is

1 2 going to jail; that's where he will stay until this

3 case is resolved one way or the other. He will not get

I 4 out and have the opportunity to hurt somebody. I

I 5 apologizs about all that, but long story short, he

6 doesn't run this show. We do.

I 7 MR, BELLOTTI, SR: I understand.

I 8

9 day.

THE COURT:

Thank y'all very much.

All right. You have a great

I 10

11

I 12

I 13

14

I 15

16

I 17

I 18

19

I 20

21

I 22

I 23

24

·~ 25

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I 13

1 REPORTER'S CERTIFICATE

2 THE STATE OF TEXAS)

COUNTY OF JEFFERSON)

3

4 I, Summer Tanner, Official Certified Shorthand

I 5 Reporter in ahd for the State of Texas, do hereby

6 certify that the above and foregoing contains a true

I 7 and correct transcription of all pOrtions of evidence

8 and other proceedings requested in writing by counsel

I 9 for the parties to be included in this volume of the

10 Reporter's Record, in the above-styled and numbered

11 cause, all of which occurred in open court or in

1.2 chambers and were reported by me.

13 I further certify that this Reporter's Record of

14 the proceedings truly and correctly reflects the

15 exhibits, if any, admitted by the respective parties.

16 I further certify that the total cost for the

I 17 preparation of this Reporter's Record is

I 18 $..a_:_1j___ and was paid by _&'_~_jr:l.irJc.,.Lc_·

19 WITNESS MY OFFICIAL HAND this is the

I 20 ___ _[)_~------ day of __ , 2009.

21

I 22

23 Summer Tanner, RPR

Texas CSR #8208

24 Expiration Date: 12/31/10

Official Court Reporter

25 Jefferson County, Texas

Beaumont, Texas 77701

SUMMER TANNER, CSR, RPR

252nd District Court

I

, .

I THE STATE OF· TEXAS_ . § IN'THE DISTRICT COURT OF

I) §

I vs. §

§

JEFFERSON COUNTY, TExAS

~

CARL MATTHEW BELLOTTI, ill § · [252~ JUDICIAL DISTRICT]

I

I

.I

I

,

I

REPORTER'S RECORD

I Volume 1 of.4 n

I ***************************** .

MASTER INDEX

I . October 13th, 2009

*******•*********************

Q

I· • RECEIVED IN '

COURT OF CRIMINAL APPEAlS

I MAR l 1 2015

Abel Acosta, Clerk

I

I (';

I Philip W. "Phil". Moor~, Amicus Curiae

15623 Fagerquist Ro~d

I Del Valle, Texas 78617-5800

Phone: (512) 667-.1508

e~mail: pwml1.07@gmail.com

I.

I 0

\ \

I

I THESTATEOFTEXAS § IN THE DISTRICT COURT OF

§

I vs. §

§

JEFFERSON COUNTY, TEXAS

CARL MATTHEW BELLOTTI, III § [252ND JUDICIAL DISTRICT]

I

I

I

I

I

REPORTER'S RECORD

I Volume 1 of4

I *****************************

MASTER INDEX

I October 13th, 2009

*****************************

I

I

I

I

I Philip W. "Phil" Moore, Amicus Curiae

15623 Fagerquist Road

I Del Valle, Texas 78617-5800

Phone: (512) 667-1508

e-mail: pwmll.07@gmail.com

I

I

I

I -......

.· .

I~

1 REPORTER'S RECORD

2 VOLUME 1 OF 4

3 TRIAL COURT CAUSE NO. 09-07283

I 4

I- 5

THE STATE OF TEXAS *

*

IN THE 252ND DISTRICT

*

6 vs. * COURT OF

I 7

*

*

CARL MATTHEW BELLOTTI, *

I 8 III, A/K/A CARL MATHEW

BELLOTTI, IIr, A/K/A

9 CARL MATHEW BELLOTTI,

*

*

*

A/K/A CARL MATTH~W

I 10 BELOTTI, III, A/K/A

CARL MATHEW BELOTTI, III

*

*

* JEFFERSON COUNTY, TEXAS

11

I ~'-

\

12

I 13

14

* * * * * * * * * * * * * * * * * * * *

MAS'I'ER INDEX

* * * * * * * * * * * * * * * * * * * *

I 15

16 On the 13TH day of OCTOBER, 2009, the following

I 17 proceedings ca~e.on to be heard in the above-entitled

I 18 and numbered cause before the Honorable Layne Walker,

19 Judge Presiding, held in Beaumont, Jefferson County,

I 20 Texas:

21

I 22 Proceedings reported by Machine Shorthand.

23

24

25

SUMMER TANNER, CSR, RPR

2S2nd District Court

I

I

I

.~

I -· \J!!i/J 1

2

A P P E A R A N C E S

I - 3 FOR THE STATE:

4 Mr. Perry Thomas

SBOT NO. 19849120

I 5 Assistant District Attorney

1001 Pearl, 3rd Floor

6 Beaumont, Texas 77701

I 7 Mr. Pat Knauth

SROT NO. 11585500

I 8 Assistant District Attorney

1001 Pearl, 3rd Floor

9 Beaumont, Texas 77701

I 10

FOR THE DEFENDANT:

11

I 12

Mr. Bryan Laine

SBOT NO. 24011488

Attorney at L.aw

I 13 1045 Redwood

Kountze, Texas 77625

14

I 15

16

I 17

I 18

19

I 20

I 21

22

I 23

24

•...@) 25

I SUMMER TANNER, CSR, RPR

252nd District Court

I

I

I

····~

1 VOLUME 2

2 GUILT/ INNOCENCE

I- 3 PAGE

4 Stipulations 5

I 5 Rule Invoked 8

6 Jury Sworn 9

I 7 State Reads Indictment 9

I- 8 Defendant Pleads Not Guilty 11

~---

9 Defendant Pleads True to Enhancements 12

10 State Testimony Begins 13

11 STATE'S WITNESSES DIRECT CROSS

I 12 Aleisa Sanders 13 21

I 13 Sergeant Kevin White 27 46

14 Deputy Robert Phillips 53 60

I 15 State Rests 65

I 16 Motion for Instructed Verdict by Defense

17 Court Denies Motion

67

69

I 18 Defense Rests 69

19 Reading of the Court's Charge 74

I 20 Closing Arguments by the Defense 81

I 21 Closing Arguments by the State 86

22 Jury Deliberations 91

I 23 In Chambers Hearing 91

2 4 Reporter's Certificate 93

25

SUMMER TANNER, CSR, RPR

252nd District Court

I

I

1 VOLUME 3

2 GUILT/INNOCENCE

I 3

4 Case Called

PAGE

5

I 5 Jury Question 5

6 Defendant's Motion for Mistrial 6

I 7 Court Grants Motion for Mistrial 7

I 8 Foreman Announces Jury Deadlocked 8

9 Jury Dismissed 9

I 10 Reporter's Certificate 10

11

I 12

I 13

14

I 15

I 16

17

I 18

19

I 20

I 21

22

I 23

·-@

24

25

I SUMMER TANNER, CSR, RPR

252nd District Court

I

1 VOLUME 4

2 EXHIBITS

3 JURY'S EXHIBITS

4 NO. DESCRIPTION

I- 5 1 Jury Question No. 1

6 2 Jury Question No. ·2

~--

7 3 Jury Question No. 3

I 8

9 5

4 Jury Question No.

Jury Question No.

4

5

I 10

11

I 12

I ;,

13

14

I 15

16

I 17

I 18

19

I 20

I 21

22

I 23

24

25

SUMMER TANNER, CSR, RPR

252nd District Court

I

I'

..

I THESTATEOFTEXAS § IN THE DISTRICT COURT OF

§ .

-I

'

vs. § JEFFERSON COUNTY, TEXAS c

§

CARL MATTHEW BELLOTTI, Ill § [252ND JPDICIAL DISTRICT]

I

I

I

I

I~

REPORTER'S RECORD

I Volume 2 of4

I **************************~**

GUlLT I INNOCENCE

0

I October 13th, 2009

*****************************

.. ...

·I . . RECEIVED IN

COURT OF CRIMINAL ~PEALs

I flflAR.·i 1 2015

<>

.Abel Acosta, Clerk

I

c

I

I. Philip W. "Phil" Moore, Amicus Curiae

15623 Fagerquist'Road

I Dei Valle, Texas 78617-5800

Phone: (512) 667-1508

· e-mail: pwmll:07@gmail.com ,

I

I

,'J

I

I THE STATE OF TEXAS § IN THE DISTRICT COURT OF

§

I vs. §

§

JEFFERSON COUNTY, TEXAS

CARL MATTHEW BELLOTTI, III § [252ND JUDICIAL DISTRICT]

I

I

I

I

I

REPORTER'S RECORD

I Volume 2 of4

I *****************************

GUlLT I INNOCENCE

I October 13th, 2009

*****************************

I

I

I

I

I Philip W. "Phil" Moore, Amicus Curiae

15623 Fagerquist Road

I Del Valle, Texas 78617-5800

Phone: (512) 667-1508

e-mail: pwml1.07@gmail.com

I

I

I

I

1

1 REPORTER'S RECORD

I 2 VOLUME 2 OF 4

3 .TRIAL COURT CAUSE NO. 09-07283

I 4

THE STATE OF TEXAS IN THE 252ND DISTRICT

*

5

I 6 vs.

*

*

* COURT OF

*

I 7

CARL MATTHEW BELLOTTI,

*

*

8 III, A/K/A CARL MATHEW *

I BELLOTTI, III, A/K/A

9 CARL MATHEW BELLOTTI,

A/K/A CARL MATTHEW

*

*

*

I 10 BELOTTI, III, A/K/A

11

CARL MATHEW BELOTTI, III

*

* JEFFERSON COUNTY, TEXAS

I ,·. 12

I ~r_;},· 13 * * * * * * * * * * * * * * * * * * * *

GUILT/INNOCENCE

14 * * * * * * * * * * * * * * * * * * * *

I 15

16 On the 13TH day of OCTOBER, 2009, the following

I 17 proceedings came on to be heard i.n the above-entitled

18

I __ 19

and nUmbered cause before the Honorable Layne Walker,

Judge Presiding, held in Beaumont, Jefferson County,

I 20 Texas:

21

I 22 Proceedings reported by Machine Shorthand.

23

24

25

I

I

I 2

I .. ·rl"'j;;;J) 1 A P P E A R A N C E S

2

I 3 FOR THE STATE:

I 4 Mr. Perry Thomas

SBOT NO. 19849120

5 Assistant District Attorney

I 6

1001 Pearl, 3rd Floor

Beaumont, Texas, 77701

I 7

8

Mr. Pat Knauth

SBOT NO. 11585500

Assistant District Attorney

1001 Pearl, 3rd Floor

I 9 Beaumont, Texas 7 7 7 01

10

I 11

FOR THE DEFENDANT:

Mr. Bryan Laine

I 12

13

SBOT NO. 24011488

Attorney at Law

1045 Redwood

Kountze, Texas 77625

14

15

16

17

18

1- 19

20

1---

21

1- 22

23

1-- 24

.

1 _\~ 25

I

I

I 3

1 VOLUME 2

2 GUILT/INNOCENCE

3 PAGE

I 4 Stipulations 5

5 Rule Invoked 8

I 6 Jury Sworn 9

I 7

8

State Reads Indictment

Defendant Pleads Not Guilty

9

11

I 9 Defendant Pleads True to Enhancements 12

10 State Testimony Begins 13

I 11 STATE'S WITNESSES DIRECT CROSS

I ( .

12 Aleisa Sanders 13 21

C,.. ~A 13 Sergeant Kevin White 27 46

I_~ 53

14 Deputy Robert Phillips 60

I __ 15 State Rests

16 Motion for Instructed Verdict by Defense

65

67

1-- 17

18

Court Denies Motion

Defense Rests

69

69

1- 19 Reading of the Court's Charge 74

20 Closing Arguments by the Defense 81

21 Closing Arguments·by the State 86

1- 22 Jury Deliberations 91

23 In Chambers Hearing 91

1- 24 Reporter's Certificate 93

25

I

I

I 4

I JSP 1 VOLUME 4

2 EXHIBITS

I 3 JURY'S EXHIBITS

I 4 NO. DESCRIPTION

5 1 Jury Question No. 1

I 6 2 Jury Question No. 2

I 7

8

3

4

Jury Question No.

Jury Question No.

3

4

I 9 5 Jury Question No. 5

10

I 11

I 12

13

._~ 14

15

I __ 16

I._ 17

18

1-- 19

20

1--- 21

1- 22

23

1- 24

25

1---iJ

I

I

I 5

I _(~

1 (OPEN COURT, JURY NOT PRESENT, DEFENDANT PRESENT)

I __

-··~-

2 THE BAILIFF: All rise. 252nd

3 District Court's now in session. The Honorable

1 4 Judge Layne Walker presiding.

5 THE COURT: Thank you. Please be seated.

I 6 All right. Before we get the jury in -- I dealt with

I 7 the Motion to Compel. We need to clear up on the

8 stipulation before we read the indictment.

I 9 And, Mr. Bellotti, I'm going to ask

10 you, sir: Have you had an opportunity to review this

I 11 agreement in this stipulation?

I 12 THE DEFENDANT: Yes, sir,

13 THE COURT: Okay. And do you stipulate on

I 14 the record that these prior convictions are true and

I 15

16

correct?

THE DEFENDANT: Yes, sir. Now, I've

I 17 got --

I_ 18

19 explanation.

THE COURT:

I

I don't I don't need an

just want to know if you agree and you

I 20 stipulate that your prior convictions, as they are

21 alleged in the indictment, are true and correct?

I._. 22 THE DEFENDANT: Yes, sir.

23 THE COURT: Okay. ·And, Mr. Thomas, do you

I 24 agree and stipulate that they'r~ true and correct?

1-~ 25 MR. THOMAS: They are, but there is one

I

I

I 6

•

I

(~

1

2

technical change that needs to be made to the document .

It reads (Reading):

3 prior felony -- DWI convictions.

Agreement to stipulate to two

I 4 THE COURT: Okay.

5

I 6

MR. THOMAS:

s a y s s m a 1.1 1 e t t e r

It should be -- down where it

" b , " it reads , " 0 n Jan u a r y 1 9th ,

I 7 1988."

8 It should read, "January 5th, 1989."

I 9 THE COURT: Okay.

I 10

11

MR. THOMAS:

agree i t matches the indictment.

With that change, I would

I 12 THE COURT: It would be the same as little

.,- 13 ''a"?

1~

·

_:~.;r->

.

14 MR. THOMAS: Yes. The dates would be the

I 15 same, yes, sir.

16 THE COURT: Mr. Laine, what do you say

I 17 about that?

18 MR. LAINE: I agree, Your Honor. I think

I 19 I took the datB of the arrest of the firSt prior

I 20 conviction and not the date of the actual conviction.

21 THE COURT: Okay. So, is there an

I 22 agreement to change your agreement to stipulate to two

I_ 23

24

prior DWI convictions where little "b" -- I'm going to

change that to "January 5th, 1989"

1-0 25 M.R. LAINE: Right.

I

I

I 7

I ._.

( 1 THE COURT: Is that the agreement of the

--~

I 2 parties?

3 MR. LAINE: Yes. No objections.

I 4 MR. THOMAS: Correct.

I 5 THE COURT: Mr. Bellotti, to the agreement

6 as it's been changed, do you stipulate that these two

I 7 prior convictions are true and correct?

8 THE DEFENDANT: Yes, sir; but

I 9 THE COURT: Okay. Here's t~e deal -- and

I 10

11

I want to make sure the record's clear-- there is no

"buts." You either agree to this or you disagree with

I 12 it, one of the two. If you disagree with it, he's

13 going to prove them up; and he's going to read this to

I~ 14 the jury. So, whatever it is y6u want to do, that's

I 15 fine; but I don't want the record to have any confusion

16 a s to " but s " or "rna y b es " or " i f s . " So , you either

I 17 agree to this as it's submitted or you disagree with

18 it.

I 19 THE DEFENDANT: I agree with it.

I 20 THE COURT: Okay. I'm going to make this

21 a part of the record. Anything further bef6re we get

I 22 started?

I __ 23 MR. THOMAS: No, sir, Your Honor.

24 THE COURT: All right.

1-\~ 25 MR. THOMAS: Other than the State is going

I

I

I 8

I 1 to invoke the Rule for trial.

-CVJJ

I 2 THE COURT: Okay. If there's anybody that

3 plans on testifying here

I 4 MR. LAINE: ~ossibly Mr. Bellotti.

5 THE COURT: Okay. Then I need him to Btep

I 6 out.

I 7 Sir, don't discuss your testimony or

8 anything about this case with anybody; okay?

I 9 MR. LAINE: Your Honor, if I may have one

I 10

11

second with Mr.

outside?

Bellotti to give him some instructions

I 12 THE COURT: Okay.

13 (PAUSE IN PROCEEDtNGS)

I 14 MR. LAINE: Your Honor, if we could

I 15

16

admonish Mr. James Shipley. I believe he will

to be a FOssible -- possible punishment witness.

~tep out

I 17 THE COURT: I have already admonished any

18 witness not to talk to anybody or have any contact with

19 any other witnesses until they testify or thereafter.

20 Anything further before we get

21 .started?

22 MR. THOMAS: No, sir, Your Honor.

23 THE COURT: Ready whenever y'all are,

I---- 24 Wayne.

1 -l .J_-_:;;1:1

\~

25 (JURY ENTERS COURTROOM)

I

I

I 9

1 THE COURT: Good morning to you.

2 THE JURY: (Response)

3 THE COURT: Let the record reflect all

4 members of the jury are present.

5 Ladies and gentlemen, will you raise

6 your right hand for ~e, please.

I 7 (JURY SWORN)

8 THE COURT: Okay. Is the State ready to

I 9 proceed?

10

I 11

MR. THOMAS:

THE COURT:

State is ready,

Is the Defense ready to

Your Honor.

I 12 proceed?

I (~

13

14

MR. LAINE:

THE COURT:

Yesi Your Honor.

Would the defendant stand for

I 15

16

the reading of the i.ndictment.

THE DEFENDANT: (Standing)

I 17 MR. THOMAS: (Reading): In the name and

18 by the authority of the State of Texas, the grand

19 jurors for the County of Jefferson, State aforesaid,

20 duly organized as such at the July Term A.D., 2009, of

21 the Criminal District Court of Jefferson County, in

22 Said State, upon oath in said Court present that

23 Carl Matthew Bellotti, III, A/K/A Carl Mathew Bellotti,

24 III, A/K/A Carl Mathew Bellotti, A/K/A Carl Matthew

1--~ 25 Be 1 ott i , I I I , A I K/ A Car 1 Mathew Be 1 ott i , III, here aft e r

I

I

I 1.0

I -I..JJJJ

/

1 styled the Defendant, committed an offense hereafter

I 2

3

styled the primary offense, on or about the 21st day of

September of 2008, and anterior to the presentment of

I 4 this indictment, in the County of Jefferson and

5 State of Texas, did then and there unlawfully ope·rate a

I 6 motor vehicle in a public place while the Defendant was

I 7 intoxicated.

8 And the grand jurors aforesaid, upon

I 9 their oaths aforesaiq, do further present in and to

10

I 11

said Court, at said term,

presentment of this indictment,

and anterior to the

and before the

I 12 tommission of th~

'\.

primary offense by the Defendapt, on

January 5th,

(~ 1989,) in the County Court at Law No. 2 of

I .,----------------------L---~

14 Jefferson County, in Cause No. 132178, the Defendant

I __ 15 was convicted of the misdemeanor offense of driving and

16 operating a motor vehicle in a public place while

I __ 17 intoxicated; and on January 5th, 1989, in the County

18 Court at Law No. 2 of Jefferson County, Texas, in

1--

I

-

19 Cause No~3803S., the Defendant was convicted of the

20 misdemeanor offense of driving and operating a motor

21 vehicle in a public place while intoxicated; against

1- 22 the peace and dignity of the State, signed by the

23 foreperson of the Grand Jury.

1--· 24 THE COURT: Mr. Bellotti, to this

25 indictment, sir, do you enter into a plea of guilty or

I

I

I 11

I

, _.

___ (?:JI·-;;:c,,<

·ic'

--·

1 not guilty?

I 2 THE DEFENDANT: Not guilty.

3 THE COURT: And to the enhancement

I 4 provision, sir, do you enter into a plea of true or not

I 5 true?

6 THE DEFENDANT: Not true.

I 7 THE COURT: Okay. Y'all approach the

8 bench, please.

I 9 (PRIVATE BENCH CONFERENCE)

I 10 MR. LAINE:

THE COURT:

I think he misunderstood.

Do you want to explain it to

11

I 12 him?

I (~ 13

14 (OPEN COURT,

MR. LAINE: Yes, sir.

JURY PRESENT, DEFENDANT PRESENT)

I 15 MR. LAINE: Carl, was the --

16 THE COURT: You don't need to

I 17 privately.

MR. LAINE: Your Honor, if you will read

I 18

19 the indictment one more time.

I 20 THE COURT: I'll ask him. Again, to the

21 indictment, do you enter into a plea of guilty or not

I 22 guilty?

23 THE DEFENDANT: Not guilty.

24 THE COURT: To the enhancement provision,

25 do yo_\1 enter ihto a plea of true or not true?

.·'

I

I

~---

12

~--

T~~e ..

1~Cy 1

2

T_HE. __ DEFENDANT:

THE COURT: Have you pled true because

3 they are, in fact, true?

I 4 THE DEFENDANT: Yes, sir.

I 5 THE COURT: Okay. You may be seated.

Is the State ready to proceed?

6

I 7 MR. THOMAS: Yes, sir, Your Honor.

8 THE COURT: Okay. You may.

I 9 MR. THOMAS: Your Honor, the State would

I 10 call Aleisa Sanders.

11 (WITNESS ENTERS COURTROOM)

I 12 THE COURT: Good morning. Raise your

13 right hand, please.

I 14 (WITNESS SWORN)

I 15 THE COURT: Come on up and have a seat,

16 please, and watch your step.

I 17 COURT- REPORTER: Spell ybur fitst na~~'

I 18

19

please.

THE WITNESS: A-1-E-I-S-A.

I 20 THE COURT: You may proceed.

21 MR. THOMAS,: Your Bonor, I'm tendering a

I 22 copy of her st~ternent to Counsel (tendering) .

I 23 THE COURT: Okay. The record will so

---- 24 reflect.

I ---(6) 25

I

I

1··- 13

1 ALEISA SANDERS,

2 having first been duly sworn, testified as follows:

3 DIRECT EXAMINATION

I 4 BY MR. THOMAS:

5 Q. Mrs. Sanders, would you state your full name

I 6 for the· ladies and gentlemen.

I 7 A. Aleisa Sanders.

8 Q. And where do you live, Mrs, Sanders?

I 9 A. North Vidor.

I 10 Q. Mrs. Sanders, do you have family living here

11 in Jefferson County?

I 12 A. Yes, I do.

13 Q. Who is that?

I lJ 14 A. My mother.

I 15 Q. Where does she live at?

16 A. On 32nd Street in Groves.

I 17 Q. The City of Groves?

18 A. Yes.

I 19 Q. That's here in Jefferson County, Texas?

I 20 A. I -- if you think so. I don't know. I don't

21 know the counties. I'm sorry.

I 22 Q. That's okay. But she lives here in Groves?

A.

I 23

24 Q.

Correct.

Okay. And on -- back oh September 21st,

1--\:.~ 25 2008 --

I

I

I 14

I 1 A. Uh-huh.

J·;i) ,,·:

I 2 Q. -- did you go to your mother's house in

3 Groves?

I 4 A. Yes, I did.

Q.

I 5

6 A.

Why?

To clean her yard from the storm.

I 7 Q. That was from Hurricane Ike?

8 A. Correct.

I 9 Q. Okay. And was she home during that time?

I 10

11

A.

Q.

No.

Where did she go?

I 12 A. She and my stepdad were in Houston at my

13 sister's.

~~

I 14 Q. Okay. So, you went on after the storm you

I 15 had gone to your mother's house to clean up. And did

16 you go there with anybody?

I 17 A. Yes, I did.

18 Q. Who was that?

I 19 A. My husband and my two grandkids.

I 20 Q. While yo~ were workinq in the yard in the

21 afternoon of September 21st, 2008 -- you were working

I 22 in the yard -- anything unusual happen to you?

23 A.

I 24 Q.

Yes.

What happened?

I ---·

'J

\...· ..._,, 25 A. My twp. grandchildren and I were in the front

I

I

I 15

1 yard picking up limbs and. things; and all o£ a sudden,

2 I heard

.

a . screech -- tires -- turned

-.· . . .

a.C... t u. a 11.. y .·to;·

.. .. . .

..

,my

3 right and SC1_W _a little. rnaroon,·truck hit, a stop' E;igi1~··,' g.q :.,

I 4 in the· ditch~

... ' .

5 Q. So, a maroon truck hii a stop sign and then

I 6 went .into the ditch?

I 7 A. Correct.

8 Q. Okay. Went into the ditch -- did it stop when

I 9 it got down in ths ditch?

10 A. Yes, sir. It had to. It was nose-dived ·int"o·

I 11 the -ditch~

I 12 Q. And when that happened, what did you do?

13 A. I hollered at my husband. He come around with

I~ i "'"

14 the kids; and I got .. on.my .c~ll,_ phor1e, ca~led 9_::-1-1, and

15

I 16

ran· to

Q.

:the v.ehicle. to.. see .i:f anyb.ody was. hurt.

Okay. You got to the·v~hicl~~- W~~ there

I 17 somebody inside of it?

18 A. Yes, sir, there was.

I 19 Q.· And was it a man br··a woman?

I 20

21

A.

Q.

A male·.

What happened when you got to that truck with

1-- 22 the man inside of it?

23 A. Well, I looked around, and I -- he. was. sitti,ng

1- 24 straight up .. So, I was -- I was .afraid the way it hit

25 that. he might· have gone forward and gotten hurt. He

I -·-·-· --- ----- ·--·- -·--···· .... - - - - - - - - ----·-·····---··

I

I 16

I 1 was sitting straight up and I knocked on the window and

(~

I 2 he kind of slowly turned and I was hollering, Are you

3 okay? Are you okay?

I 4 And he was real' slow to answer·---

5 MR. LAINE: Your Honor, I'm going to

I 6 ob j e c t to n a rr at i v e --

I 7 THE COURT: It's overruled.

8 MR. LAINE: -- and ask to stick to

I 9 question and answer.

I 10

11 BY MR. THOMAS:

THE COURT: It's overruled.

I -···-

12 Q. You were talking about what -- you knocked on

13 the door, he was slow to answer.

I ~

14 What happened then?

I 15 A. And I was asking him, Are you okay?

-~ 16 Are you· okay? And the window came down. And he didn't

I 17 really understand me but basically was saying I

18 said , Did you hit your head -- I was as king these

I 19 questions you. normally ask -- and was saying, though

I 20 wasn't· making a whole lot of sense but talking, wenL to

21 get .. out of.·.his·truck·:'--··

I 22 MR. LAINE: Again, Your Honor, I'm going

23 to ask for a running objection to the narrative.

I 24 THE COURT: You can have the running

.···-- ..

I --ld 25 objection. It's overruled at this point.

252nd District Court

I ----·····---· -----------·----·- ··-··-- - - - ·---- ----

I

I 17

I . . (:gJ 1 MR. LAINE: Thank you .

I 2 BY MR. THOMAS:

3 Q. What ··happened· when he got ou.t -of- t-he truck?

I 4 A. He had to -lean on. his. tru:ck'.to,-get. out of the

5 t:ruck:

I 6 Q. Why?

I 7 A. I -- and

8 MR. LAINE: Objection. That would call

I 9 for speculation.

10

I 11 BY MR. THOMAS:

THE COURT: It's overruled.

I 12 Q. Whi~did he have to-lean-on.the truck?

13 A. I felt he was --

I ~ .·.'(:._~;·"-

14 MR. LAINE: Your Honor, again, I'm going

I 15 to object. It calls for speculation.

16 THE COURT: And it's overruled.

I 17 A. He· couldn't. stand up. And. when I. got clo.::;e

18 enough, I-was·still ask~ng him .if he was okayj looking

I 19 to go. see if there was any blood- or anything like that·;"

I -----

20 BY MR. THOMAS:

21 Q. Did you see any blood?

I_ 22 A. No. No.

23 Q. When you asked him if he hit his head, what

1- 24 did he answ.er you?

I --v 25 A. He kind of didn't quite understand-me,. He'

I

I

18

I I ,:;~ 1 kind of shook hi~·head but didn't quite understand.

~--- \~Slf;)'

2 Q. In looking- at ·him, did you- see that he was

3 hurt<in any way?

I 4 A.-- No.

5 Q.

I 6

So,

leaning on the truck?

you got up closer to him while he was

I 7 A. Uh-huh.

8 Q. What happened then?

I 9 A. Well, like I say, cQntinued to ask him

I 10 questions. Are you hurt? Is there anyone I can call?

.

11 I called 9-1-1. They were on their way.

I 12 And he starte_d

•' -

say,ing,_.

·.·

'.

Don't -ca_ll the

:: ... ·:·.

13 pol~~e .. Do-n} t ·call- th,e: P:Olice;

I 14 I said, Wel_l~ we needed to c~11, you

I 15 know. We've called them. You' need help; Is there

16 anyone else I c~n c~il?

I 17 But he· -would jus·t say, No, and just don't

18 call the- police.

I 19 But he didn't speak the way we!re

I 20 speaking. It was slurry and~- I don't~ know the

21 correct word to- use;. but kind of disoriented, you; know.

I 22 Likej I knew something was wrong. When- I- smelled tl1_.e

I 23 alcohol,

24 Q.

I

Okay.

figured- that ·he- was· in-:---- intoxicated.

So, at some point in time talking to

25 him, you could smell alcohol on him?

I

I

I 19

I 1 A. Yes .

• -GrJ 2 Q. You start putting two and two together and

3 realize this guy's been drinking--

I 4 MR. LAINE: Your Honor, I object. That's

5 leading.

I 6 THE COURT: That's sustained. Rephrase

I 7 it.

8 BY MR. THOMAS:

I 9 Q. Did you put two and two together and come to

10 some conclusion about why he was in the state he was

I 11 in?

I 12 A. Well, my .. observations that I made of his

13 actions, the wa.y he was speaking, yes,.·· I - - . I .th-i-nk he

I(~

14 was-intoxicated.

He didn't want you to call the police?

I 15

16

Q.

A.

Okay.

No.

I 17 Q. W.hile ·.you were waiting for- the police to get

18 there, what did he do?

I_ 19 A. Staggered trying to stagger out in th~

I __ 20 street.. trying_ to stop people,- . Pul.l me' out. Pull me

21 out.> ·>-Pull .·me: ·•out ;-

1- 22 He couldn't· really sta.nd, '·but •..

23 Q. Did anybody·· stop to help- him?

1-~ 24 A. No. No.

1--fJ 25 Q. Did :the· police eventually get there?

I

I

I 20

I .-.. 1 A. Oh, yes.

I {z:J 2 Q. the person-- the person that's sittin~rig~t

3 there (pointing) on the far side of that table, is-·that

I 4 the ~an that 0as behind the wheel of that car?

5 A. Ye s , ·s i r , it i s .

I 6 MR. THOMAS: Your Honor, I'd ask the

I 7 record reflect she's identified the defendant in this

8 case.

I 9 THE COURT: The record will so reflect.

10 BY MR. THOMAS:

I 11 Q. And is that the man -- the man you have

I .. ---.......

12 identified here today, is that the man the police came

13 and took charge of whan they got to the scane?

I 14 A. Yes, sir.

I 15

16

Q. What ·was his· reaction when.· the .police pulled

up to the scene? .

I __ 17 A. He kind~ of. put his haad down and shook and

18

I_ 19

said;

Q.

There· they are.

He

1. _ 20 A:. He wasn.' t happy.

21 Q. Okay. All right. I guess what I'm looking

22 for he was sad to see them there?

23 A. Correct.

1- 24 Q. Thank you, Mrs. Sanders.

1---~.JJ 25 MR. THOMA.S: I pass the witness.

I

I

I· 21

1 THE COURT: Mr. Laine?

2 CROSS-EXAMINATION

3 BY MR. LAINE:

I 4 Q. Mrs. Sanders, when the officer arrived, did he

5 arrive on his own; or was there another vehicle with

I 6 him or

I 7 A. There were two.

8 Q. There were two officers? ...

I

• 0 ·~·· •• -, .-.

9 A. Correct.

I 10

11

Q.

A.

Two Groves police officers?

The

I ..... - ..

12 Q. Cars?

13 A. Yes.

I 14 Q. Okay. Anyone else?

I 15 A. No.

16 Q. Okay. ·So, there was another officer involved.

I 17 Did both of those officers get out at the same time to

18 assist the accident?

I 19 A. I don't know if they both got out at the exact

I 20 same time.

21 Q. Well, I guess they -- did they arrive at the

I 22 same time?

23 A. I really -- I don't know. I really don't. It

24 wasn't far between each other, no.

25 Q. Oh, okay. Okay. And yo~ stated that your

I

I

22

1 husband-was- with you.

2 I.s he here today?

3 A. No.

4 Q. HoW long did you stay out, I guess, viewing

5 what was going on? Did you stay·until the officers

I 6 drove off?.

I 7 A. Yes.···And they pulled.his truck. out._- Yes, we

8 watched.-

I 9 Q. Okay. And you.stated ear~ier that he hit a

I 10 stop. si9n _and then went into the ditch;

11 __ co.r.rect?

is that

I 12 A. Well, actually he had to go in the ditch

13 first. The stop sign is, like, in the ditch. So, the

I 14 roads are small, s·o-you~d- h'ave:to _·go.in.the dit<::::h..·- to

I 15

16

hit· th_e sfop sign.

Q. Okay. So, he. didn.' t _- h,it the stop sigr1- first.

17 He went into the .di t.ch _-and then _:,. and then .ran .. over.. a

I_ 18

19

stop.sign;.·: correct?

A. You do it at the same time.

1. . 20 Q. Okay.

21 A. I mean, it's right there on the co~-~er; and

22 you have to hit one when you hit the other.

23 Q. Okay.

1--- 24 A. So, you don't travel any distance. It's

1_\ ._ . . ,J

--.._j;/

25 there.

I

I

I 23

I .. .---.....

1 Q. Okay. About how,long afte~_he went into the

.-(:$/

2 ditch. did you approach his. vehicle?

3 A. Immediately. As soon as I

I 4 Q. Immediately?

I 5

6

A.

Q.

Sure. Yeah.

Was i t you that called 9-1-1 or your husband?

I 7 A. Myself.

8 Q. It was yourself?

I 9 A. Uh-huh.

I 10

11

Q.

in.j:urie s?

And you stated when you· approached,. you saw, no

I 12 A. Not·· that t·s·aw that -.;;.tas visible, no.

;,

1,~ 13 Q. You, didh'·t:>no·ti-ce' that :the .·win.d"shie·ld ,was

I \:·,;

\

....&..,.,.-

>v<~'

14 cracKed,or·· anything. like.·that?

I 15

16

A.

about,

No:,.,, i·t: was· .h:ot·, • · • .That·' s what I

that he m:j.:gh.t·:have hit his·. head;

was . wor._ried

out .the

I 17 windshield. was n,ot cracked ..

18 Q. You stated that it was your assumption after

I 19 speaking with him, because· his. speech was slurred, that

I 20 he was intoxicated; is that correct?

21 A. Not jus.t. be.c;:ause. of the .. slurred speech, no.

I 22 Q. Okay.

I 23

24

A •.

my·opinion,

But it was my 6bservation that -- I

he w~s intoxicated --

thought --

I _j_d 25 Q. Okay.

_________ _

1-

. .:..;. _ __,

I

I 24

I /- - -. 1 A. -- by his actions, his speech.

.-01'§;9 2 Q. Did you assist him out of the car?·

3 A. No.

I 4 Q. Did you help him get out of the car in any

5 way?

I 6 A. No .. -

I 7 Q. Eventually he did get out of the car?

8 A. Yes; . hanging onto.. the. doop and the side of the

I 9 truck- and things like that. But,. no, I did not touch

I 10

11

hi_m.

Q.

No.

So, was the ditch deep. enough for you to not

I --·

12 ba.c k ou-t.>'of it? · It had to· have· a wrecker?

13 A. Co.rrect .·

~-

I 14 Q. When you -- when the officers got there, did

I 15

16

you talk with the officers?

A. Yes.

I 17 Q. Do you remember who you talked with?

18 A. Gentlemen, uh-huh.

I 19 Q. Who was that?

I 20 A. Uh, I don't know their names. One of them is

21 White, I believe.

I 22 Q. Okay. Sergeant White?

23 A. I thin.k so.

1-.-- 24 Q. Okay. And at that time, did-you give a

1-(<~ 25 statement to Sergeant Whit.e?

"7"···-~------· · - - - - ·· - - - - - · - - - - - - - --~----··--·-·-------------~----:--·.---:-- ··. - - - - - - -· _,; ____,_:..._.. ...:..._______ _:..._. _ _ _ _ _ _ _ _ _ _ _ ,. . __ -··-·--·- .....

I

I 25

I 1 A. Yes.

JJd)

I 2 MR. LAINE: May I approach, Your Honor?

3 THE COURT: Yes, sir.

I 4 BY MR. LAINE:

5 Q. I.f you would, please·. r~view: th.is,. to yourself

I 6 qui tely ·(tendering) .

I 7 A. (Reading) .

8 Uh-huh (tendering).

I 9 Q. Thank you, Mrs. Sanders.

I 10

11 day?

Is that t.he ·statement· that you gave that

I 12 A. Correct. Uh-htih.

13 Q. Okay. And within your statementi did you say

I 14 anything about him staggering in the road or anything

I 15 like that?

16 A. I did, yes.

I 17 Q. Let me ask you again

18 A. Verbally.

I 19 Q. You didn't write that in your statement;

I __ 20 correct?

21 A. No, ·r·didn't;·

1-- 22 Q. Did you· s~y anything in your statement about

23 him smelling of alcohol --

1-- 24 A. No.

25 Q. -- that you just read?

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

I

I

I 26

I /-- 1 A. No, I did not ..

f(~ 2 Q. Did you say anything in your statemeht about

3 him_h~ttihq·a stop sign that you just read?

I 4 A. No.

5 Q. About .him. s:taggering• and tryTng to:stop-:cars

I 6 in- that

-:;·.··.

..

s.tateme·nt:?

I 7 A. NO.~··

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