Opinion

Greer, David AKA David Duane Greer

Court
Court of Appeals of Texas
Filed
Nov 30, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 3.1%

op. 0 on rch' g

How later courts described this case

  • op. 0 on rch' g
  • holding that probative value of other-acts evidence ,_! l that defendant was on parole and that fireann was found on ground near driver's side of vehicle was not substantially outweighed by danger of unfair prejudice.
  • passengers did not have operators' licenses and both the defendant's identity and the vehicle's owner were in doubt

Written by the judges who cited it.

The opinion

./

I-;:.

LJ

0 This document contains some

pages that are of poor quality

at the time of imaging. RECEIVED IN

0 COURT OF CRIMINAL APPEALS

NOV 30 2Ui5

n THE STATE OF TEXAS

Abe, Acost~. Clerk

COUNTY OF Brazos

D

I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos

0 County, Texas do hereby certify that the documents contained in this

record to which this certification is attached are all of the documents

specified by Texas Rule of Appellate Procedure 34.5(a) and all other

0 documents timely requested by a party to this proceeding under Texas

Rule of Appellate Procedure 34.5{b). ·

o· GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office

0 in Brazos County, Texas, this the 26th day of February,2013.

0

~-o

0 Marc Hamlin, District Clerk

0 Brazos County, Bryan Texas

0 jf_shfey :Morgan

Deputy Clerk

0

0

0

0 Page 80

I) /

/---

1 1

l 1

2

RTER'S RECORD

Volume 1 of 6 Volumes

] 3 Trial Court Cause No. 12-03324-CRF-272

4 Court of Appeals No. 10-13-00049-CR

J ..

5

6 THE STATE OF TEXAS IN THE DISTRICT COURT OF

J

7 vs. BRAZOS COUNT~, TEXAS

] 8 DAVID DUANE GREER 272nd JUDICIAL DISTRICT

] 9

10

I·;

J 11

12

]

t' 13 MASTER INDEX.

]'\' 14

15

~ 16

17

CERTIFIED <.:;·: •·.

":-;;:·

J -TRANSCRIPT

18 '"

J 19

20

~ 21 Denise C. Phi+lips, Texas CSR #6482

Official Court Repbrter - 272nd District Court

] 22 300 East 26th Street, Suite 204

Bryan, Texas 77803

23 979-361-4221

r 24

25

iJ

" DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER·

'] 272ND DISTRICT COURT

l

2

1 A P P E A R A N C E S

1-

2

1 3 ATTORNEY(S) FOR STATE:

RYAN CHARLES CALVERT

~

4

SBOT NO. 24036308

5 WILLIAM LEE WARD

SBOT NO. 24077302

6 Assistant District Attorneys

300 East 26th Street, Suite 310

7 Bryan, Texas 77803

Telephone: 979-361-4320.

8

9 ATTORNEY(S) FOR DEFENDANT:

10 EARL R. GRAY

SBOT: 24.007265

11 Gray, Granberry & Jones

103 N. Main Street

12 Bryan, Texas 77803-3235

Telephone: 979-822-4759

13

14

15

16

17

18

19

20

21

22

23

24

25

DENISE C.PHILLIPS, CSR

OFFICIAL'COURT REPORTER

272ND DISTRICT COURT

0 4

D 1

2 October 29, 2012

CHRONOLOGICAL INDEX

Volume 2

0 3 Page

~

4 Opening Remarks by the Court 4

Announcements of Ready 4

5 Defense Request for Audio/Video Evidence 4

The Court's Ruling on Request 5

0 6 Adjournment

Court Reporter's Certificate

6

7

7

0 8 November 13, 2012 Volume 3

0 9

10

Venire pan~l seated

Voir Dire Examination by The Court

Voir Dire Examination by Mr. Calvert

5

5

11

0 11

Venire panel retired

Discussion at bench:

99

12 Venireperson No. 1 99

0 13

Venireperson

Venireperson

No.

No.

5 excused for cause

17

104

104

Venireperson No. 17 excused by agreement 107

0 14 Venireperson

Venireperson

No.

No.

22

22 excused for cause

107

108

15 Venireperson No. 24 108

0 16

Venireperson

Venireperson

No.

No.

Veni~eperson No.

30

30 excused by agreement

57 excused by agreement

111

111

112

0 17

18

Venireperson No.

Venireperson No.

53 excused by agreement

48

112

112

Short recess 114

0 19 Venire panel reseated

Venireperson No. 30 excused by agreement

114

114

20 Voir Dire Examination by Mr. Gray 114

0 21

Venirepersons Nos. 54 through 60 excused

Venire panel retired

142

142

Short recess 143

0 22 Discussion at bench:

23 Venireperson No. 9 143

0 24

Venireperson No. 38

Defense challenge as to Venireperson No. 38

Court's ruling·

150

153

153

-0 25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

0 272ND DISTRICT COURT

u I

l 5

l 1

2 November 13, 2012

CHRONOLOGICAL INDEX

Volume 3

J 3 Page

4 Venireperson No. 39 153

J 5

Venirep~rson No. 39 excused for cause

Venireperson No. 40

157

157

J 6 Discussion with Defendant 159

Strikes made 161

7 Venire panel reseated 162

Jury seated 162

J 8 Remaining venire panel released 162

Instructions read to Jury 164

9 Jury retired 165

J Evening recess 174

10 Reporter's Certificate 175

J 11 November 14, 2012 Volume 4

12 Witness sworn 20

J 13

Discussion with Defendant

Jury seated

20

22

Jury sworn 22

] 14 Indictment presented

Defendant's plea

22

22

15 Opening Statement by Mr. Calvert 22

] 16

Witness sworn 26

STATE'S WITNESSES:

17

J TERRY YOUNG:

18

Direct Examination By Mr. Calvert 26

J 19 Cross-Examination By Mr. Gray 57

Redirect Examination By Mr. Calvert 73

20 R~cross-Examination By Mr. Gray 74

J 21 Jury retired 76

Short recess 76

22 Discussion with the Defendant 76

J Jury seated 78

23 Witness sworn 78

J 24

25

J

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

J 272ND DlSTRlCT COURT

J

6

1

] .

1 CHRONOLOGICAL INDEX

2 November 14, 2 012 Volume 4

l 3 Page

4 RICARDO LEDESMA:

1 78

5 Direct Examination By Mr. Ward

Cross-Examination By Mr. Gray 87

] 6 Redirect Examination By Mr. Ward

Recross-Examination By Mr. Gray

91

93

7

] 8

Witness sworn 95

LAKETH McKINNEY: ,' ;.

] 9

Direct Examination By Mr. Calvert 95

10 Cross-Examination By Mr. Gray 97

L 11 State rests

Jury retired

100

100

100

12 Defendant's Motion to Suppress

l 13

Court's ruling

Jury seated

112

112

] 14 DEFENDANT'S WITNESSES:

15 MONISHIA R~NE CAMPBELL: . ··

] 16 Direct Examination By Mr. Gray 112

Cross-Examination By Mr. Calvert 122

] 17 Redirect Examination By Mr. Gray 137

18 Defendant rests 142

] 19 STATE'S REBUTTAL WITNESSES:

20 RICARDO LEDESMA:

I 21 Direct Examination By Mr. Ward 1~4

Cross-Examination By Mr. Gray 147

~ 22 Redirect Examination By Mr. Ward 150

23 Jury retired 151

Noon· recess 153

24 Jury seated 154

25

r DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

~ 272ND DISTRICT COURT

I

l 7

l 1

2 November 14, 2012

CHRONOLOGICAL INDEX

Volume 4

] 3 Page

TERRY YOUNG:.

]4

5 Direct Examination By Mr. Calvert 154

Cross-Examination By Mr. Gray 156

J 6

Witness sworn 157

7

] 8

JASON WARE:\-

Direct Examination By Mr. Calvert 157

] 9 Cross-Examination By Mr. Gray 159

10 State closes 160

Defendant rests and closes 160

J 11 Jury retired 160

Objections to Charge '160

12 Jury seated 161

J Charge read 162

13 Closing Argument by Mr. Ward 162

Closing Argument by Mr. Gray 168

) 14 Closing Argument by Mr. Calvert

Jury retired for deliberations

176

183

15 Jury request to view video 183

Jury continued deliberations 183

J 16 Jury seated 183

Verdict 184

] 17 Jury retired and released

~vening recess

185

185

18 Reporter's Certificate 186

J 19 November 15, 2012 Volume 5

20 Enhancement paragraphs presented 5

] Defendant's plea 5

21 Witness sworn 6

22 STATE'S WITNESSES:

J

23 BRYAN WADE RUEBUSH:

·~- ..

1 24 Direct Examination By Mr. Ward 6

Cross-Examination By Mr. Gray 8

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

272ND DISTRICT COURT

[] 8

[} 1 CHRONOLOGICAL INDEX

2 November 15, 2012 Volume 5

0 3 Page

4 Witness sworn 12

0 5 GREG SILBER:

... .- ..

0 6 Direct Examination By Mr. Calvert

Voir Dire.Examination By Mr. Gray

12

20

7 Direct Examination Continued By Mr. Calvert 25

0 8

Voir Dire Examination By Mr. Gray

Direct Examination Continued By Mr. Calvert

26

27

Cross-Examination By Mr .. Gray 36

0 10

9

State rests

Witness sworn

36

37

0 11 DEFENDANT'S WITNESSES:

12 KENNETH GREER:

0 '13 Direct Examination By Mr. Gray 37

Cross-Examination By Mr. Ward 41

0 14 Redirect Examination By Mr. Gray 44

15 Witness sworn 45

0 16 ANNETTE GREER

0 17

18

Direct Examination By Mr. Gray

Cross-Examination By Mr. Ward

Redirect Examination By Mr. Gray

45

50

52

0 19 Defendant rests

State closes

53

53

20 Closing Argument by Mr. Calvert 54

0 21

Closing Argument by Mr. Gray

Ruling of Court

56

58

Reporter's Certificate 61

0 22

23

0 24

0 : .. •'

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

0 272ND DISTRICT COURT

·- I

'1

l 9

l 1

2

CHRONOLOGICAL INDEX

Volume 6

J 3 Reporter's certificate 3

State's Exhibit No. 1 5

4 State's Exhibit No. 2 6

] State's Exhibit No. 3' 7

5 State's Exhibit No. 4 8

State's Exhibit No. 5 9

] 6 State's Exhibit No. 6 10

11

State's Exhibit No. 7

7 State's Exhibit No. 8 12

] 8

State's Exhibit No. 9

State's Exhibit No. 10

13

14

State's Exhibit No. 11 15

~ 9 State's Exhibit No. 12

State's Exhibit No. 14

16

17

10 State's Exhibit No. 15 18

State's Exhibit No. 16 19

J 11 State's Exhibit No. 17 20

State's Exhibit No. 18 21

12 State's Exhibit No. 19 22

] State's Exhibit No. 19-A 23

13 State's Exhibit No. 20 24

State's Exhibit No. 21 25

] 14 State's Exhibit No. 22

State's Exhibit No. 23

26

27

15 State's Exhibit No. 24 28

~ 16 \

] 17

18

J 19

20

21

22

23

J 24

25

1

.." DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

] 272ND DISTRICT COURT

•I

fi

~

10

'

1 ALPHABETICAL INDEX

'

2 Direct Cross V.Dire Vol

3 Campbell, Monishia Rene 112 122 4

137

4

Greer, Annette 45 so 5

5 52

6 Greer, Kenneth 37 41 5

44

7

Ledesma, Ricardo 78 87 4

8 91 93

9 Ledesma, Ricardo 144 147 4

150

10

McKinney, Laketh 95 97 4

11

Ruebush, Bryan Wade 6 8 5

12

Silber, Greg. 12 20 5

13 25 26

27 36

14

Young, Terry 26 57 4

15 73 74

l 16 Young, Terry 154 156 4

] 17 Ware, Jason 157 159 4

18

19

20

21

22

23

24

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

272ND DISTRICT COURT

l 11

l 1

2

EXHIBIT INDEX

State's Exhibits

l 3 EXHIBIT DESCRIPTION OFFERED ADMITTED VOL

4 1 Arrest Warrant 16 19 4

] 2 Arrest Warrant 16 19 4

5 3 Video 34 34 4

3 Video 143 144 4

6 4 Photograph 48 48 4

J 5 Photograph 48 48 4

7 6 Photograph 48 48 4

] 8

7

8

Photograph

_Photograph

48

48

48

48

4

4

9 _Photograph 48 48 4

9 10 Leather jacket 41 41 4

J 11 Weapon 41 41 4

10 12 Bullets from weapon 54 54 4

. 14 Stipulation 20 22 4

J 11 14 Stipulation 99 100 4

15 Inventory form 90 90 4

12 16 Inventory Search Policy 107 4

J 13

17

18

Judgment and Sentence

Pen Pack

15

26

17

27

5

5

19 Pen Pack 20 25 5

] 14 19-A

20

Judgment and Sentence

Judgment and Sentence

20

30

22

30

5

5

15 21 Judgment and Sentence 30 30 5

22 Indictment 28 5

J 16 23 Judgment' and Sentence 28 29 5

24. Fingerprint card 36 36 5

17

J

18

] 19

20

21

22

J

23

24

~

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

J 272ND DISTRICT COURT

1 I

I

1

r The State of Texas v. David Duane 'Greer October 29, 2012

]. ..;• 1 REPORTER'S RECORD

VOLUME 2 OF 6 VOLUMES

2

J TRIAL COURT CAUSE NO. 12-03324-CRF-272

3

APPELLATE COURT CASE NO. 10-13-00049-CR

~ 4

5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF

~ 6

§

§

§

7 v. § BRAZOS COUNTY, TEXAS

J §

8 §

§

1 9 DAVID DUANE GREER § 272ND JUDICIAL DISTRICT

10

~ 11

] 12

13

J 14 DOCKET CALL

~ '15

.. 16__

~.

17

ij 18

19 On the __ 29th day of October}?.~~ 2/ the fo l1 owi nQ r. b-·,.~­

] . -H ..... ···· . &4.1(_ •<' f: c.·-lyJ?cr~ ua,ec _y-e- f../(/( (/

20 proceedings came to be heard in the above-entitled and

21 -numbered cause before the Honorable Travis B. Bryan,

J

22 III, Judge presiding I held in Bryan I Brazos County I

J 23 Texas:

24

I.~ Proceedings reported by computerized stenotype

25 shorthand.

CERTIFIED, .

, ___ ··- ------ - - · - - - - - - - -

KC:letheryne B. Kytiell, CSR

OfficiC:ll Court Reporter

[

.-:-

272nc! District <;:ourt, BtC:lzos County, Tex(:ls

~. ,·

2

:n The State of Texas v. David Duane Greer October 29, 2012

n. 1 A P P E A R A N C E S

2 Mr. Ryan C. Calvert

D Brazos County District Attorney's Office

3 SBOT No. 24036308

300 East 26th Street, Suite 310

4 Bryan, Texas 77803

D (979) 361-4320

5 ATTORNEY FOR THE STATE OF TEXAS

D 6

Mr. Earl R. Gray

7 Gray, Granberry & Jones

D SBOT No. 24007265

8 103 N. Main Street

Bryan, Texas 77803

D 9 (979) 822-4759

ATTORNEY FOR THE DEFENDANT

10

D 11

D 12

13

0 14

D 15

_16_

0 17

0 18

19

0 20

21

0 22

D 23

24

0 25

Q_ - ---·-··-- --·-··-.

K.qethetyne B. Kytiell, CSR

u OfficiC:ll Court Reporter

272ncl District Court, BtC:lzos County, TexC:lS

3

l The State of Texas v. David Duane Greer October 29, 2012

l 1 CHRONOLOGICAL INDEX

VOLUME 2

2 (DOCKET CALL)

J 3 PAGE VOL.

OCTOBER 29, 2012

l 4

Opening Remarks by the Court ............... . 4 2

5 Announcements of Ready ..................... . 4 2

] 6 Defense Request For Audio/Video Evidence ... . 4 2

The Court's Ruling on Request .............. . 5 2

7

J Adjournment ................................ . 6 2

Court Reporter's Certificate ............... . 7 2

J 9

10 ALPHABETICAL WITNESS INDEX

J VOLUME 2

11 (DOCKET CALL)

J 12

(No witnesses this volume.)

13

J

14 EXHIBIT INDEX

VOLUME 2

~ 15 (DOCKET CALL)

-16-

J 17

(NO exhibits this volume.)

18

J

19

~ 20

21

J

22

J 23

24

J

25

J_ --- --

Kqethetyne B. Kytiell, CSR

Officiql Court Reporter

1 272ncl District Court, Btqzos County, Texqs

4

n The State of Texas v. David Duane Greer October 29, 2012

0 1

2 (Open court, defendant present, no jury,

D 3 10:01 AM.)

B 4 THE COURT: David Greer.

5 THE COORDINATOR: Possibly be number one,

D 6 depending on what Mrs. Lowry does.

0 7 THE COURT:

MR. GRAY:

Be number·ohe case.

Good morning, Judge.

D 9 THE C0 URT : _ Good mo r n i ng , s i r .

'

Wh at says

10 the State?

0 11 MR. CALVERT: We're ready, Judge.

0 12 MR. GRAY: Judge, we'll announce ready on

13 t h e c o n d i .t i o n t h a t i f t h e r e i s a u d i o a n d v i d e o a n d a n

0 14

__ ..----·· ..

inventory list.of what was actually seized at the time

0 15 of the arrest, that we get that sometime week. If I get

1.6. someth-ing --thi-s- week, -I have still have time to prepare.

o- 17 THE COURT: Audio and video on what?

o 18-

19

MR . GRAY : · 0 n t he a r r e s t .

MR. CALVERT:

-

There was a traffic stop,

0 20 Judge. At pces~nt, -we don'~- have any audio· or vi de().

0 21

22

We have requ!3sted it.

week but have not heard anything yet.

Requested it, I believe, last

So I don't know

0 23 if those things exist or not; but if they do, we'll get

24 them to counsel as soon as we get them.

D 25 THE COURT: When are you going to be able

Q__: ------ -----~============='

K4etheryne B. Kyriell, CSR

-U Offici<ll Court Reportet'

272nq Dishict Court, Bt'<lZOS County, Tex<1s

5

n The State of Texas v. David Duane Greer October 29, 2012

n 1 to do that?

2 MR. CALVERT: Hopefully today.

n 3 THE COURT: May go to trial and may be

B 4 inadmissible if you don't.

5 MR. CALVERT: Yes, sir.

D 6 MR. GRAY: Judge, we normally wouldn't be

0 7

8

concerned about a codefendant's video or audio or

anything of that nature; but when he was arrested not

0 9 getting into the details of the case -- but whenever he

10 was arrested, he was arrested with a female. And the

0 11 statements that she may or may not have made may be

0 12 beneficial to the defense as well. I just don't know.

13 THE COURT: When do you need to have that

[J 14 by?

0 15 MR. GRAY: Any time --

16_ .. -- ----- _ THE COURT: .No 1 at e r t h a n?

0 17 MR. GRAY: Any time this week and I'll have

0 18 time to prepare. I contacted their office. I know they

19 have contacted PD but --

0 20 THE COURT: State is ordered to have it to

21 them by the end of this week or risk it not being

D

22 admitted.

0 23 MR. CALVERT: Yes, sir.

o. 24

25

THE COURT:

MR. GRAY:

Thank you very much.

Okay, thank you, Judge.

-U---------···----------~~~~~~---~~~~~

Kqetheryne B. Kyriell, CSR

1·1 Offici<~! Court Reporter

U 272nq District Court, BrC~zos County, Tex<~s

6

l The State of Texas v. David Duane Greer October 29, 2012

l- 1 (Proceedings concluded at 10:03 AM.)

2

J 3

4

J

5

J 6

7

J

8

J 9

10

~

11

J 12

13

J

14

J 15

r

.16_

17

] 18

19

20

21

22

l 23

24

l 25

L -·"··---··-----·-

K<:~ethetyne B. Kytiell, CSR

Officiql Court Reporter

272n~ District Court, Btqzos County, Tex<:~s

7

1 The State of Texas v. David Duane Greer October 29, 2012

l 1 REPORTER'S CERTIFICATE

2 THE STATE OF TEXAS

1 3 COUNTY OF BRAZOS

4 I, Kaetheryne B. Kyri ell, Official Court Reporter

J

5 in and for the 272nd District Court of Brazos County,

J 6 State of Texas, do hereby certify that the above and

] 7 foregoing contains a true and correct transcription of

8 all portions of evidence and other proceedings requested

] 9 in writing by counsel for the parties to be included in

10 this volume of the Reporter's Record, in the

J

11 above-styled and -numbered cause, all of which occurred

] 12 in open court or in chambers and were reported by me.

13 I further certify that this Reporter's Record of

J

14 the proceedings truly and correctly reflects the

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

16-- ··-.- -I- -f-u-rthe-r- cer-tify that the total cost for the

r 17 preparation of this Reporter's Record is $ jq.Do and

] 18 was paid/will be paid by Brazos County.

19 WITNESS MY OFFICIAL HAND this the 19th day of

J 20 February 2013.

21

~-- ~-~~-----

J

22

Kaethe'ryne~r.Tyri ell, ~CSR 6083

~ 23 Expiration Date: 12/31/2013

Official Court Reporter

24 272nd District Court

J Brazos County, Texas CERTIFIED

25 Bryan, Texas 77803 TRANSCRIPT

J· ____ ------------'====================="=====~

~etheryne B. Kytiell, CSR

] Offici<!l Coutt Repottet

J 272n~ District Coutt, Bt<!zos County, TexC)s

n 1

0-{_ 1 REPORTER'S RECORD

n 2

3

Volume 3 of-.6 Volumes

Trial Court Cause No. 12-03324-CRF-272

I

0 4 Court of Appeals No .. 10-13-00049-CR

5

0 6 THE STATE OF TEXAS IN THE DISTRICT COURT OF

0 7

8

vs.

DAVID DUANE GREER

BRAZOS COUNTY, TEXAS

272nd JUDICIAL_DISTRICT

0 9

0 10

11. JURY VOIR DIRE PROCEEDINGS

0 12

13

o· \

l

14 On the 13th day of November, 2012, the following

0 I

15

16

proceedings came ort to be held in the

. numbered cause before the Honorable Travis B. Bryan, III,

above-ti~led and

-B-- 17 Judge Presiding, held in Bryan, Brazos County, Texas.

-,

18 -Proceedings reported by computerized stenotype·

0 ·19 · machine.

:o 20

21

CL 22 Denise C. Phillips, Texas CSR #6482

Official Court Reporter - 272nd District Court

23 300 East 26th Street, Suite 204

l1 24

Bryan, Texas 77803

979-361-4221 CERTIFIED

TRANSCRIPT

J ;_;

' /

:)~

.

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

_______________________________________________2,_]__2~D __p_::I;_STR:j:C_1' ____C::QUR'L

\.'.~ .· ;..

l 2

l·

.. ,

1

2

A P P E A R A N C E S

J 3 ATTORNEY(S) FOR STATE:

] 4 RYAN CHARLES CALVERT

SBOT NO. 24036308

5 WILLIAM LEE WARD

SBOT NO. 24077302

J 6 Assistant District Attorneys

300 East 26th Street, Suite 310

7 Bryan, Texas 77803

] 8

Telephone: 979-361-4320

9 ATTORNEY(S) FOR DEFENDANT:

J

10 EARL R. GRAY

~ 11

SBOT: 24007265

Gray, Granberry & Jones

103 N. Main Street

~

12 Bryan, Texas 77803-3235

Telephone: 979-822-4759

13

] 14

15

~ 16

~-· 17

18

J 19

20

1 21

22

23

24

25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

I ___________ --------------------------------- ___ 2_7_2ND-DTSTRICT COURT .i.

' /

3

l 1 CHRONOLOGICAL INDEX

Volume 3

2 November 13, 2012

] 3 Page

4 Venire panel seated 5

} Voir Dire Examination by The Court 5

5 Voir Dire Examination by Mr. Calvert 11

Venire panel retired 99

J 6 Discussion at bench:

r 7 Venireperson No. 1 99

Venireperson No. 5 excused for cause 104

8 Venireperson No. 17 104

Venireperson No. 17 excused by agreement 107

9 Venireperson No. 22 107

Venireperson No. 22 excused for cause 108

10 Venireperson No. 24 108

Venireperson No. 30 111

11 Venireperson No. 30 excused by agreement 111

Venireperson No. 57 excused by agreement 112

12 Venireperson No. 53 excused by agreement 112

Venireperson No. 48 112

13

Short recess 114

14 Venire panel reseated 114

Venireperson No. 30 excused by agreement 114

15 Voir Dire Examination by Mr. Gray 114

Venirepersons Nos. 54 through 60 excused 142

1 16 Venire panel retired 142

Short recess 143

l 17

18

:Oiscuss~ion-a.t: -b-ei1ch =

Venireperson No. 9 143

Venireperson No. 38 150

19 Defense challenge as to Venireperson No. 38 153

Court's ruling 153

20 Venireperson No. 39 153

Venireperson No. 39 excused for cause 157

21 Venireperson No. 40 157

22 Discussion with Defendant 159

Strikes made 161

23 Venire panel reseated 162

Jury seated 162

24 Remaining venire panel released 162

25

DENISE C.PHILLIPS, CSR

'---------------- ~---·-----------~---~-~-~~~~~~1~-~~~-~T~~~~~~-ER

l 4

l- 1 CHRONOLOGICAL INDEX

Volume 3

2 November 13, 2012

] 3 Page

4 Instructions read to Jury 164

J Jury retired 165

5 Evening recess 174

Reporter's Certificate 175

1 6

7

] 8

1 9

10

] 11

12

1 13

] ., 14

15

J 16

~ 17

18

j 19

20

]

21

1 22

23

J 24

] 25

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

l-- - - ---- ----------------·-----------~--- ---~----2-"'-2-N-D --DIS'I'RIG'I'- COURT

I

D 5

0 1 P R 0 C E E D I N G S

2 November 13, 2012

D 3 (Venire panel seated.)

0 4

5 David Greer.

THE COURT: This is the State of Texas v.

This is a criminal accusation. Unlawful

0 6 possession of a firearm by a felon is the title of the

7 charge.

0 ·a What says the State of Texas?

0 9 MR. CALVERT: State is present and ready.

10 THE COURT: What says the Defense?

0 11 MR. GRAY: Ready, Judge.

0 12

13

VOIR DIRE EXAMINATION BY THE COURT

THE COURT: We're about to embark on the

0 14 jury selection process. I'm going to speak to you for a

15 little while; and then, I'll turn it over to the lawyers

0 16 to begin to ask you questions.

0 17 Let me ask you to turn your cell phones off.

18 And another admonition about t1JE;:: __cell phone, we've had a

.o 19 couple of .. m~.s~~:L.a.~..s oyer the . ~-~~t:. couple of yea~-~-<?-~

j_ll,:rQ~El... _~h.?... go~___ Qp ..!:J:le~r

0 20

21 infor!!l.?!-~JC?.~. about the

_S_rnar_t: phones and looked up

C:.?is~, G()()g],ed names, Googled the

0 22 .l<l-.W.Y~:r:'8 nCI._IllE;!, ],goked up the la_w_; and they do that before

23 t:]le trial even starts; and it caused a mistrial in tYLQ

0 24 cases..;

0 25 So, please do not look up any information.

DENISE C.PHILLIPS, CSR

0----- OFFICIAL COURT REPORTER

- ---------------·-- --------·-2'72ND -DISTRICT COURT

0

0 6

n 1

2

Don't Tweet anybody about your experience on the jury

panel today. We like to make sure that all the evidence

D 3 you receive comes from that witness box over there and

0 4

5

you're not contaminated by outside information.

Don't discuss the case among yourselves and

0 6 don't relay any personal· experiences, "While I was on·the·

7 jury one time; and they did this, that or the other," to

0 8 the other jurors. We like for you to remain as pure as

0 9 possible as far as information about the criminal law,

10 about your jury service or about this particular charge or

D 11 these people. Now, I thank you for doing that.

0 12

13

They're going to be asking you some

questions, trying to determine who they do not want on the

0 14 jury. The way we pick the jury is actually we pick

15 they pick the people they do not want, and the leftovers

0 16 are the ones that serve. And that is usually a pretty

o- 17 fair syst~m because the leftovers generally can be fair.

18 They're going to be asking you questions --

0 19 my wife is always asking me, "How do I get out of serving

0 20

21

on the jury?" And I always tell her,

answer every question they ask you as completely as

"Go down there and

0 22 possible," and someone will figure out something about you

23 they don't like, and they'll strike your name off the

0 24 list.

0_

25 Of course, the other side of that is if you

DENISE C.PHILLIPS, CSR

\) . . OFFICIAL COURT REPORTER

·-bJ--··----------·-·------- ----------------------- ---~----2-7-2-ND-DI-SIP-R-I-e--T--eeHRT------------------~-------- ----------------

D

D 7

D- 1 want to serve -- how many of you want to serve on the

2 jury? Raise your hand now.

0 3 (Show of hands . )

Just two or maybe three.· That's

D 4

5

THE COURT:

about par for the course.

D 6 The rest of you are here because it's your

7 duty, and you're glad to give your time and serve, but

0 8 you'd rather be somewhere else. And you are the norm.

0 9 Very few would actually like to serve on the jury, but

10 that's always good, too.

0 11 So, they get a list of you at the end of

0 12

13

this; and they strike a certain number of names that they

have off the list and the first 12 that are left are on

0 14 the jury.

15 We've already let about 12 people go to get

0 16 the number down to about 60, and I think it's now down to

o-- 17 about 59 because we don't need 70 to try to pick up a

18 jury. But we do need the 59 because sometimes we actually

0 19 get into the 50s betause there's another way you could be

20 discharged. And that is through a challenge for cause

0 21 which is a legal reason. That's not a strike that they

-0 22 use because they don't like you. That's a legal reason

23 that comes up during the questioning that you're not --

0 24 you're not able to serve.

0 25 So, after all the challenges for cause and

DENISE C.PHILLIPS, CSR

\/ OFFICIAL COURT REPORTER

-t:j~-------- --~----------~-7-;2-N-B-BJ:-S-TRI-C'I'-CGURT--------~----- ------------

D

0 8

D 1 after all thes~ strikes are used, the 12 that are first

2 left are the jurors in the case.

D 3 They're going to be asking you about a

0 4

5

couple of areas. They're going to be going into your.

past, asking you about your life experiences because our

0 6 life experiences make impressions upon us. And if we get

7 on a jury and something similar to that comes into play,

0 8 some of those old feelings, those old -- even

0 9 subconsciously sometimes, those old impressions come into

10 play in this case.

0 11 And that might mean that you couldn't be

0 12

13

fair to one side or the other. So, if they begin to ask

you questions that you believe touch on things that might

0 14 make you less than fair or unable to be fair to one side

15 or the other, please express that to the lawyers. They

0 16 need to know that.

0 17 If they bring up something that is a little

18 bit private -- and if they're doing their job, they will

0 19 border on invading your privacy-- you can say, "I'd

rather talk to the Judge about that later," if you feel

0 20

21 that you'd rather not talk about it in ~rant of the entire

0 22 group. We'll bring you up at a long break at the end of

23 the group questioning, and we'll allow you to talk to us

0 24 just by yourself and the lawyers and me here at the front

0 25 later on.

DENISE C.PHILLIPS, CSR

[/ OFFICIAL COURT REPORTER '

-1:::\-------- -----·---- --·--------------------------2-7-2-NB-BTSTR-I-CT-CE>HRT---------------- ------------

D

0 9

D- 1 So, all you need to do is just say, "I'd

2 like to talk to you about that or talk to the Judge about

O 3 that later."

0 4

5

You know, for instance, if you have been --

if this was a drunk driving case, hypothetically

0 6 speaking -- which it's not -- and you had been the victim

7 of a drunk driver or were close to someone who was, you

0 8 might not be able to be fair to the accused, if this were

0 9 a drunk driving case. So, you need to -- you would need

10 to let us know about that.

0 11 On the other hand, if you had been

0 12

13

mistreated by a police officer and if this was a police

testifying case and due to that what you felt was

0 14 mistreatment you just didn't believe you could ever

15 believe a police officer or you'd be prejudiced against

0 16 the State because of that -- how you were mistreated in

0 17 that case, that also is something you should tell the

18 lawyers about.

0 19 The other area they're going to be going

-0 20

21

into is law. Each side always has certain laws that they

depend on for to represent their respective sides. They

0 22 may touch on a law that you don't agree with, that you

23 don't know if you could follow that law. This inevitably

0 24 happens when laws are being discussed with jurors.

0 25 I want to assure you, if we sat here and

DENISE C.PHILLIPS, CSR

f~/ OFFICIAL COURT REPORTER

-tj------ -- -~ ------------------------2--9.ZN-B-D-LSTR-I-eT-e01:T-RT-~----- ---------------~- -----------~-

D

n 10

O- 1 talked about the law long enough, we would come to a law

n

2 that each and every one of you would have a problem with.

3 Not all of you would have a problem with the same one, but

0 4

5

some one law that you personally would have a problem

following.

0 6 That is another thing you should tell the

7 lawyers. If they bring up a law you just don't think you

D 8 could follow, it's okay to say, "Judge, I just don't

D 9 believe I can follow that law if I'm on the jury." Be

10 sure and let them know that.

0 11 Keep your voice up. Our court reporter over

0 12

13

here, Denise Phillips, is trying to take down everything

you say and I say. Hold up your card when you begin to

0 14 answer questions. That's so that we can get your number

15 for the record. If the lawyer's standing between you and

0 16 the eyes of the court reporter where she can't see your

0 17 number, try to hold it out to the side.

18 We don't need for you to just hold it up the

0 19 entire time you're answering, because your arm will get

sore doing that. Just hold it long enough for her to see

0 20

21 it, for the lawyer to see it, call on you and then make

0 22 sure she can see it; and then, you can put your card down.

23 The -- the work that we're doing here is

0 24 very serious. We're looking for 12 jurors that can be

0 25 fair to both sides-of this case. If you've ever been the

DENISE C.PHILLIPS, CSR

\/ OFFICIAL COURT REPORTER

--8--- ---- ------------ ------------------------------2-7-2-N-8--8-I-S!F-R-I-G-T-GGHR.!:F----------------------- -----------

0

0 11

victim of a crime or were the close relative or a loved

D-- 1

2 one of somebody who was, I think you probably personally

Ll 3 understand and realize how important the criminal justice

B 4

5

system is because you've been down that path before.

On the other hand, if you've ever been

D- 6 wrongfully accused of a crime in your life or were close

7 to someone who was· and I assure you it does happen from

O 8 time to time, ladies and gentlemen -- you also know how

0 9 important our criminal justice is.

10 I am proud of the fact that we bring in

0 11 people like you to make these decisions. I'm a firm

(

0 12

13

believer in the jury system. We don't want to turn the

system over to lawyers, ladies and gentlemen. We'll mess

14 it up. As long as we're bringing in people like you off

15 the street to sit in that box and make decisions, we're

16 going to have a good brand of justice down here.

17 Thank you for coming today. At this point,

18 I'll turn it over to the lawyers. The State gets to go

19 first because they have the burden of proof. And each

Q 20

21

side will introduce their respective parties in the case.

Go right ahead, sir.

0 22 MR. CALVERT: Thank you, Judge.

23 VOIR DIRE EXAMINATION BY MR. CALVERT

0 24 MR. CALVERT: Good morning.

0 ·

25 VENIREPERSONS: Good morning.

DENISE C.PHILLIPS, CSR .

r/ OFFICIAL COURT REPORTER

-t;j---------------- ------------------------2-"l:imD-D-rSTR-rCT-·COURT-----:---------------- --·-------------

0

0 12

D 1 MR. CALVERT: That wasn't bad for a Tuesday

2 morning. My name is Ryan Calvert. I'm a prosecutor here

[J 3 at the District Attorney's Office in Brazos County. I

0 ·5

4 work for your elected D.A., Bill Turner.

with me this week is going to be Will Ward.

Trying the case

Will is

0 6 another Assistant D.A. here.

7 Right here is the Defendant in this case,

D 8 Mr. David Greer. And up here is the Defense attorney,

0 10

9 Mr. Earl Gray.

Does anybody o~t there know anybody up here?

-0 11 Yes, sir, who do you know?

0 12

13

VENIREPERSON NO. 4:

MR. CALVERT:

Mr. Greer.

You know Mr. Greer? Okay.

0 14 And you are Mr. Kelling?

15 VENIREPERSON NO. 4: Sparks.

0 16 MR. CALVERT: Oh, I apologize. Mr. Sparks.

0 17

18

How do you know Mr. Greer?

VENIREPERSON NO. 4: Mutual friend of the

D 19 family.

20 MR. CALVERT: How long have you known him?

0 21 VENIREPERSON NO. 4: Gosh, about 20 years.

0 22 MR. CALVERT: Long time. Okay. Fair to say

23 as a friend that you've known for 20 years, probably

0 24 couldn't be -- probably wouldn't be the most impartial or

0 25 objective juror on Mr. Greer's case?

DENISE C.PHILLIPS, CSR

Would that be fair?

rl OFFICIAL COURT REPORTER

--{;j--- ~-- -- ------------------ - ---------~ -~--- ----~-- ----~--------2~7--2-N-:9--fl-I-S-'1'-R-I-G-T--GE>BR'=.P----- --- -- ----- -----~----- ~-----~~------~---

0

D 13

0 1 VENIREPERSON NO. 4: Yes.

2 MR. CALVERT: Okay.

0 3 VENIREPERSON NO. 4: I wouldn't be

0 4

5

comfortable convicting him or not convicting him.

MR. CALVERT: I understand. I appreciate

0 6 that, Mr. Sparks.

7 Anybody else know anybody up here? Wow.

0 8 All right.

0 9 Yes, ma'am?

10 VENIREPERSON NO. 23: I know the attorney.

0 11 MR. CALVERT: You know Mr. Gray? You don't

0 12

_13

need to be shy about it.

He's a good guy.

It's okay to know Mr. Gray.

0 14 How do you know him?

15 VENIREPERSON NO. 23: My professor.

0 16 MR. CALVERT: He was your professor? Okay.

o-~- 17 And you're a paralegal; is that right? What type of work

18 do you do?

o 19 VENIREPERSON NO. 23: Real estate.

0 20

21

MR. CALVERT: All right.

court -- y'all come to court a lot and do a lot of the

So, you come to

0 22 jury trials, right? No, it's all paper, isn't it?

23 VENIREPERSON NO. 23: Uh-huh.

[] 24 MR. CALVERT: All right.

0 25 VENIREPERSON NO. 23:

DENISE C.PHILLIPS, CSR

Tom Geisenschlag,

n

-8---

OFFICIAL COURT REPORTER

---~--~~---- ----------~----------~-~~-----~-~-2-7-2-N-B-B-I-S-'P-R-I-e'I'~-eeUR-T------------------- ---~--~-----

n 14

Ll

1 Brazos County Abstract Company.

2 THE COURT: Let me have the lawyers come up

0 3 here just a minute.

4 (Bench conference:)

D 5 THE COURT: I've got a problem with No. 4.

D 6 Do you have any problem letting 4 go?

7 MR. CALVERT: That's fine, Judge.

0 8 MR. GRAY: No, that's fine.

0 9 (Bench proceedings concluded.)

10 THE COURT: Juror No. 4, I think we probably

0 11 need to let you go. And there's no use in keeping you

0 12

13

around all morning.

So, you can go, sir.

0 14 VENIREPERSON NO. 4: Okay. Thank you very

15 much.

0 16 THE COURT: You can leave the courtroom.

o- 17 Ladies and gentlemen, we're going to be

18 going here most of the morning; and I should have done

o 19 this before I turned it over to the State. I pardon this

0 20

21

interruption.

Both sides are going to be talking to you.

B 22 Each side is going to talk to you for about an hour, maybe

23 a little more, ask you questions. We'll be here for most

[} 24 of the morning, and we may even go into the noon hour.

0 25 So, here's the question I want to ask you:

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

_Q____ -- -- ----- ~- ----------------------~----------~-~2~-2-N-D-DI-S '1!-R-I-G-'I'~GGU-R-'I'----------~------------- -------------------

[}

n 15

8 1

2

How many of you would rather

r

just go ahead and work

through the noon hour and get through with this and get

0 3 out of here -- those of you who are not on the jury -- as

0 4

5

soon as we can? As opposed to the other option, and that

is, to take a lunch break, an hour and 15 minutes, come

0 6 back and get through later in the afternoon then you would

7 otherwise?

0 8 How many of you would rather just work on

0 9 through the noon hour and get through? Raise your hands.

10 (Show of hands.)

0 11 THE COURT: And how many of you would rather

12 take a noon break and come back later?

D 13 (Show of hands.)

0 14 THE COURT: All right. The Option 1s have

15 it; so, that's what we'll do.

0 16 Go right ahead, Mr. Calvert.

o-- 17 MR. CALVERT: Thank you, Judge.

18 All right. Ms. Henry, when was Earl your

D 19 professor? How long ago was that?

0 20

21

VENIREPERSON NO. 23:

MR. CALVERT: Okay.

Two years ago.

Is there anything about

0 22 the fact that he was your professor or that relationship

23 that's causing you to come in here biased in favor of him,

u 24 against him

0 25 VENIREPERSON NO. 23: I am friends with one

DENISE C.PHILLIPS, CSR

n

-bJ----·---·· --------

OFFICIAL COURT REPORTER

--~----·----------------2-'7-2-N:Q-:Q-I-S'I'-R-:tG--'I'--GGUR'I'~----------·- -------~----

0

D 16

0 1 of his paralegals.

2 MR. CALVERT: Okay. Is that something -- if

0 3 you're honest with me and honest with yourself, is that

4 something that would make you uncomfortable as a juror?

5 VENIREPERSON NO. 23: No.

6 THE COURT: Okay. so, you're good?

7 VENIREPERSON NO. 23: Yes.

8 MR. CALVERT: All right. Thank you, ma'am.

9 I appreciate it.

10 Anybody else that I missed know anybody up

11 here? I'm shocked after one person said, "Yeah, I know

12 somebody," and that person isn't here anymore, there's no

13 more.

14 Yes, ma'am?

15 VENIREPERSON NO. 1: I just know Mr. --

16 MR. CALVERT: You know Ernie?

17 VENIREPERSON NO. 1: A long time ago I used

18 to be a cashier at Kroger, but I just know him -- he was a

19 police guard of the store.

20 MR. CALVERT: Yes, ma'am. Anything about

21 that that is going to make you

22 VENIREPERSON NO. 1: No.

23 MR. CALVERT: All right. Very good.

24 Anybody have questions about anything before

25 we jump into some law? Anything y'all are curious about

DENISE C.PHILLIPS, CSR

0 17

o. 1 or wondering about right now? I know there are -- what's

2 the first question everybody always has in situations like

D 3 this? How long is this going to take, right? Heads are

0 4

5

nodding. Yes, that's my question.

Well, myself and Will in the next six to

0 6 eight weeks, we look forward to presenting this case to 12

7 of y'all. No, this is going to be-- it's going to be

0 8 pretty quick. Scheduling-wise here's how this is going to

0 9 go.

10 You asked the question about are we just

0 11 talking about jury selection? That's all we're going to

Q 12 do today. Okay. We're going to do this process today.

13 And it'll take most of the day.

0 14 Like the Judge said, I'm going to talk to

15 y'all for an hour, hour and 15, somewhere in there. When

0 16 I'm done, Earl will have a chance to talk to y'all. The

o- 17 good news is invariably because we go first, we always end

18 up going over stuff that they were going to go over so

o 19 usually -- no pressure, Earl -- but usually theirs doesn't

0 20

21

take quite as long as ours does because a lot of it would

be repetitive.

0 22 But we're going to get through that process

23 today; and then, the Judge will give y'all a fairly long

0 24 break, 20, 30 minutes, give us a change to make our

0 25 strikes, maybe talk to some of y'all individually; and

DENI$E C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

0------ ·- ·---~--- -----------------------------~--2-'7-2-N-B~B-I-STR'I-eT--eeURT-------------------------- ~---------------

[J

")

ll 18

0 1 then, at the end of the day, we'll have a jury seated and

2 that will be what we'll do today.

0 3 We'll start tomorrow morning with the actual

D 4

5

evidence portion of the trial.

9:00 o'clock in the morning, 9:00, 9:30, somewhere in

We usually start around

n 6 there. And the Judge is real good about keeping business

7 hours, try to break as close to 5:00 o'clock at the end of

0 8 the day as we can. And I think this case will probably

0 9 there's an outside chance it could be over tomorrow, or it

10 might·bleed into Thursday. I don't think it will go any

0 11 past that. All right?

0 12

13 last week or I

I almost made a mistake.

guess two weeks ago, and

We were in trial

I was doing this

0 14 part of the trial. And I made the comment that somebody

15 said they had nonrefundable plane tickets Thursday of the

0 16 next week, which was last week; and I said, "Man, if we're

0 17 still here Thursday of next week, something has gone

18 horribly, horribly wrong." And, boy, we almost made it.

D 19 We made it until late Tuesday night -- probably should

0 20

21

have gone into Wednesday, but I was getting nervous.

This one isn't going to take that long, but

0 22 it is very important.

23 So, that's kind of what the schedule is

0 24 going to look like for the rest of the day. Is there

-o 25 anybody that has, like, nonrefundable plane tickets

DENISE C.PHILLIPS, CSR

-0--~-- -- - - ------- ---------------------------~~-~-~-~~~~-I-~~~-~~T~~-~~~~E~---··-----------·---------- ----- ______..._- -------------------·

0

[l 19

n_

";'"J

1 tomorrow or the next day going to Hawaii or anything like

2 that?

0 3 VENIREPERSON NO. 8: Not necessarily

B 4

5

nonrefundable, but I'm leaving the state Thursday and

Friday.

0 6 MR. CALVERT: Thursday and Friday?

7 VENIREPERSON NO. 8: Correct.

0 8 MR. CALVERT: Is that for work?

0 9 VENIREPERSON NO. 8: For work.

10 MR. CALVERT: Okay. If -- let me ask you

0 11 this: If this trial were still going, is that something

0 12

13

that would be a real hardship on you if you were no~ able

to go?

D 14 VENIRE PERSON NO.·- 8: , It's -- I'm the main

15 assistant, and I have to go.

0 16 MR. CALVERT: You have to go.

-o-- 17 VENIREPERSON NO. 8: Yes.

18 MR. CALVERT: Okay. Obviously, if something

io 19 were to happen and you couldn't go, is that something that

20 would be a distraction to you, the fact that you're not

0 21 going on this trip that you have to go on?

0 22 VENIREPERSON NO. 8: I mean, if -- if -- it

23 could be, yeah.

0 24 MR. CALVERT: Okay. All right. And you're

0 25 a -- is it Mr. Schlechte?

DENISE C.PHILLIPS, CSR

({ . . OFFICIAL COURT REPORTER

·-bi--· ----·----·------ -·-------~----~---~----~Q-7-2-N-B-B-I-S-'F-R-I-G-'P--GGT:TRT-------------~----- ----------------

u

0 20

[1 1 VENIREPERSON NO. 8: Yes.

2 MR. CALVERT: Did I say that correctly?

n

\_, 3 VENIREPERSON NO. 8: Yes.

0 4

5

MR. CALVERT:

VENIREPERSON NO. 8:

What type of work do you do?

Accident

0 6 reconstruction.

7 MR. CALVERT: Who do you work for?

D 8 VENIREPERSON NO. 8: James Locke.

u 10

9 MR. CALVERT:

primarily for attorneys or what?

Okay. And do y'all work

0 11 VENIREPERSON NO. 8: Correct.

0 12

13

MR. CALVERT:

y'all do work for criminal lawyers or what?

Insurance companies, or do

D 14 VENIREPERSON NO. 8: A little bit of

15 everything.

0 16 MR. CALVERT: Okay. Okay. How long have

o--- 17 you been doing that?

18 VENIREPERSON NO. 8: Four years.

o 19 THE COURT: All right. Very good.

u 20

21

VENIREPERSON NO. 8:

it's important, but we had a former employee that the D.A.

And I don't know if

D 22 is investigating.

23 MR. CALVERT: Oh, okay. Well, let's talk

0 24 about that. How do you feel about that?

0 25 VENIREPERSON NO. 8: I'm not too happy about

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

-0----- - ------- - ----------- ---------- ----- -- --- --------- --2-/2-ND-D-J:-S TR-I-CT-COURT ____ ----- -------- -- ----- -- ----- ----- ----------

0

0 21

fl

-:I

1 it.

2 MR. CALVERT: Not too happy with our office?

0 3 VENIREPERSON NO. 8: No, with her.

B 4

5 happy with our office?

MR. CALVERT: Oh, okay.

I like your attitude, Mr.

So, you're very

0 6 Schlechte.

7 VENIREPERSON NO. 8: Yes.

D 8 MR. CALVERT: Is there anything about that

·o 9 .situation besides the fact that our office is currently

10 investigating somebody that you used to work with that

0 11 would affect you in any way in this case as a juror?

0 12

13

VENIREPERSON NO. 8:

MR. CALVERT: Okay.

Only towards her.

Very good. I don't

0 14 think she's going to be involved in this case, but I

15 appreciate it.

0 16 VENIREPERSON NO. 8: No.

·n··- 17 MR. CALVERT: All right. Any other

18 questions about anything before we kick off?

~ 19 What's the second the first question is

20 always how long is this going to take? The second

D 21 question is always what? What is this case about, right?

u 22

23

And what's the one thing we can't tell you at this point?

What is this case about? We're not allowed at this point

D 24 to go into what this specific case is about, what the

0 25 facts of this case are. If you think about that, that

DENISE C.PHILLIPS, CSR

r1 OFFICIAL COURT REPORTER

-}:j--- --- ---- _____:_ ____________ -----------------------------------2-9-2-ND-B·I-STR-I-eT--eeURT----------------------------------- -------------·------------.--

0

f} 22

(l 1 makes sense.

n 2 It would not be fair to Mr. Greer if I could

v 3 get up here and go, "All right. We have X fact, Y fact

0

-/

4

5

and z fact.

can stick around.

What would you do? I like that answer.

You, nope, I don't think I like that

You

0 6 one. You're gone," and so on and so on.

7 We can't do that. Okay? So, if it seems to

0 8 y'all that myself or Earl are speaking in very broad terms

(1 9 and in general terms, in hypothetical terms, it's because

L1

10 that's exactly what we're doing because that's what the

0 11 law requires of us at this point. All right?

Let me'ask y'all this: Let's go back to

0 12

13 high school, high school civics. This is a criminal case.

D 14 How many of y'all watch the law shows on TV? I know more

15 people than that watch the law shows. That's all that's

0 16 on TV now, right? You can't turn the TV on without a law

-n--- 17 show being on.

18 In a criminal case, who has the burden of

0 19 proof, me or them?

20 VENIREPERSONS: You.

0 21 MR. CALVERT: We do, Ryan and Will. Always,

D 22 always, always. The burden of proof is here with the

23 State. It never, never shifts over here. As he sits here

0 24 right now, Mr. Greer is what?

0 25 VENIREPERSONS: Innocent.

DENISE C.PHILLIPS, CSR

n OFFICIAL COURT REPORTER

--}:j----- ------- ------------ -·----------------------------- ---------2-7--2N-B--B-I-S-TR-I-ET-e0HRT---------------------- --------------------- --

.

23

fl

D 1 MR. CALVERT: Innocent. And he stays

2 innocent until when?

[J 3 VENIREPERSONS: Proven guilty.

u 4

5

MR .. CALVERT:

VENIREPERSONS:

Until proven guilty by who?

By you.

0 6 MR. CALVERT: By Ryan and Will, right?

7 Okay. Now, those of you that watch the law

·o 8 shows, what's the burden of proof in a criminal case?

0 9 Proof beyond a?

10 VENIREPERSONS: Reasonable doubt.

0 11 MR. CALVERT.: Y'all are good. Usually I

0 12

13

trick somebody up, and they go,

because that's what I saw on TV.

"shadow of a doubt,"

0 .14 Okay. We're going to talk about that ~n a

15 minute. But let's talk for a minute about what that

D 16 means, what the burden of proof means and what

- ----~..-- ---- -- --------------·-·---·-- ----·--- ---· ----·--------------------------- ----t- .__ _

0 17

18

specifically we have to prove.

The Legislature in this big old fat book

0 19 right here has defined each and every crime in the State

0' 20

21

of Texas.

are called elements.

And the way they define crimes are through what

Element are just specific factual

D 22 things that Ryan and Will have to prove. And if we prove

23 each element of the offense to the jury beyond a

0 24 reasonable doubt, the jury is required by law to come back

D 25 with what verdict?

DENISE C.PHILLIPS, CSR

_g ~--- ~- ----·-------- ~~ -----~------------------~~~~~~~~I~~~~~T~~~~~~~!:-~- - ~-- --~--- - --~--~~--~- --~---------------~-

0

r'

J

24

1 VENIREPERSONS: Guilty~

2 MR. CALVERT: Guilty, right? If we fail to

3 prove any element of the offense, the jury is required by

4 law to come back with what verdict?

5 VENIREPERSONS: Not guilty.

6 MR. CALVERT: Not guilty, right? Everybody

7 with me?

8 Like the Judge said, in this case, Mr. Greer

9 is charged with unlawful possession of a firearm by a

10 felon. These are the elements of that offense. These are

0 11 the specific things that we have to prove.

12 One, the defendant, we have to prove that

[J the person on trial is actually the same person that

13

0 14 committed the offense. Two, has been convicted of a

15 felony and possessed a firearm. Okay?

0 16 That's kind of a bare-bones outline. That's

0 17

18

the elements of unlawful possession of a firearm by,a

felon in Texas.

Q 19 Now, we're lawyers; and so, for lawyers,

20 nothing is ever this simple, right? We have to have long

0 21 definitions and stuff. The possession of a firearm has to

0 22

23

be within five years of the defendant's release from

either confinement or parole, whichever is later. All

0 24 right?

0 25 So, if somebody is convicted of a felony and

DENISE C.PHILLIPS, CSR

n OFFICIAL COURT REPORTER

-t::J-------- ------------- -----------------------2·7-:~m-:E>--:E>-:r-s TR-:teT-eOURT------------------------------ ------------------

0

n 25

they go to prison and they're in prison for five years and

0-- 1

2 then they're on parole for another ten after that, the

D 3 possession has to be within five years of the time they

0 4

5

get off of parole.

MR. GRAY:

Does that make sense? All right.

Judge, my only objection would be

n 6

7

there's also the rest of it entails probation as well.

MR. CALVERT: Well, it does, Judge --

0 8 MR. GRAY: Parole and probation.

0 9 MR. CALVERT: Yeah.

10 MR. GRAY: That's the entire definition.

·o 11 MR. CALVERT: It is, Judgei but I'm only

0 12

13

talking about the portions of the law that would be

relevant in the case.

0 14 MR. GRAY: Well, then, Judge, I would

15 object --

0 16 THE COURT: Come on up.

-rJ ~-- --. -

17

- ~. ----

MR. GRAY: -- that's a Standifer objection.

18 THE COURT: Come on up here.

0 19 (Bench proceed~ngs:)

0 20

21

THE COURT:

about on probation now.

Tell me what you're talking

What's the law on that?

'0 22 MR. GRAY: Well, the way the Penal Code

23 reads, it's five years after discharge from the

0 24 penitentiary or parole or probation. They left out the

0 25 probation part.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

1J

- --------------------- --------~------------~-----2-7-2-ND--D-I-£~R-I-G--'T-GGU-R--'T----------~------------------ -------------~--

0

0 26

D 1 THE COURT: Is he one of those or not?

2 MR. CALVERT: No, he doesn't qualify.

0 3 MR. GRAY: But in commenting on that, I

would object under Standifer, Judge, he's basically now

0 4

5 committing the jury panel to the fact that he's either in

f] 6 prison, which he isn'ti so, he's on parole. So, we're

7 getting into the facts of the case.

0 8 THE COURT: He's on parole?

0 9 MR. CALVERT: It's an element of the offense

10 that we have to -- I'm going over the elements of the

D 11 offense.

0 12

13

THE COURT:

release from confinement?

Okay. So, you're going under

D 14 MR. CALVERT: No, no, no, it's release from

15 confinement, penitentiary or release -- discharge from

0 16 parole.

a- 17 THE COURT: Which is applicable in this

18 case?

o 19

20

MR. CALVERT: He's still on parole.

MR. GRAY: Still on parole.

0 21 THE COURT: How are you prosecuting if he's

'0 22 still on parole because that would be five years after?

23 MR. CALVERT: No, no, it has to be within

0 24 while you're still on supervision or --

0 25 THE COURT:

DENISE C.PHILLIPS, CSR

Okay.

OFFICIAL COURT REPORTER

!0------ ----- --··---------------- ---2-7-'2-N-B-B-I-S-T-R-I-G-T-G0l:JRT-------------·----------------- ------- --···-·---·- -----------

0

0 27

1 (Bench proceedings concluded.)

D--

2 THE COURT: All right. I'm going to

O 3 overrule the objection.

MR. CALVERT: All right. Let's talk about

0 4

5 what some of these words mean. Possession -- where's my

0 6 chart.

7 Ms. -- I would pick a hard one right up

0 8 front. Is it Galimbertti?

0 9 VENIREPERSON NO. 15: (Nods head.)

10 MR. CALVERT: Did I say that correctly?

0 11 VENIREPERSON NO. 15: Close enough.

MR. CALVERT: All right. Close enough

Q, 12

13 anyway?

01 14 VENIREPERSON NO. 15: Yes.

n 15

16 mean to you?

MR. CALVERT: Possession, what does that

What does it mean to possess something?

,u-· 17 VENIREPERSON NO. 15: That you have it.

18 MR. CALVERT: That you have it. Okay.

0 :-- 19 Ms. Blair, how about you? What do you

g· 20 think?

21 VENIREPERSON NO. 14: In your hands.

D 22

23

MR. CALVERT:

All right.

In your hands.

Is it Dr. Schlitter?

D 24 VENIREPERSON NO. 13: Yes.

0 25 MR. CALVERT: Dr. Schlitter, what do you

DENISE C.PHILLIPS, CSR

-·Q

. · OFFICIAL COURT REPORTER

-------- . ___ --·-·- --------·-----------------2-7-2NB--B-I-S-'I'R-I-e-T-e0l:JRT-----------------·----- --------------------

, I .

28

1 think, that word possession? What does it mean to possess

2 something?

3 VENIREPERSON NO. 13: If you have it under

4 your control.

5 MR. CALVERT: Okay. Under your control.

6 And what -- you were a professor, correct?

7 VENIREPERSON NO. 13: Yes.

8 MR. CALVERT: And what did you teach?

9 VENIREPERSON NO. 13: Biology.

10 MR. CALVERT: Biology?

11 VENIREPERSON NO. 13: Yes.

12 THE COURT: Thank you, ma'am.

13 Ms. Bernal, what do you think? Possession,

14 what does that word mean to you?

15 VENIREPERSON NO. 12: To have something;

16 MR. CALVERT: To have something. All right.

17 Mr. -- is it Slovak?

18 VENIREPERSON NO. 11: Yes.

19 MR. CALVERT: What do you think, sir?

\

. 20 VENIREPERSON NO. 11: Well, it doesn't say

21 ownership, so I would think possession means within your

22 control.

23 MR. CALVERT: Okay. Very good. It doesn't

24 say ownership, right? That's exactly right. Okay.

25 Mr. -- is it Dr. Smith?

DENISE C.PHILLIPS, CSR

\" OFFICIAL COURT REPORTER

\-- --- --- -- --- -- ----------- -------------;---272ND-DISTRICT-COURT ___________ ---------- ----------- -------------------

l 29

J

1 VENIREPERSON NO. 10: No.

2 THE COURT: Mr. Smith, you're a professor as

3 well, right?

4 VENIREPERSON NO. 10: Yes.

5 MR. CALVERT: What do you teach?

6 VENIREPERSON NO. 10: History, American

7 History.

8 MR. CALVERT: Okay . . What do you think

9 possession means?

10 VENIREPERSON NO .. 10: I would say it's

.,

nJ•

11 control but not ownership .

12 . ~R. CALVERT: All right. Y'all are exactly

13.- right. Okay. Possession is one of these words that is

14 legally defined in Texas. And the legal definition of

), 15 possession is care, custody, control, like y'all said, or

a

16 management. Any one o-f those things. Okay?

17 Now, Ms. Blair, you said in your hand,

18 right?

19 VENIREPERSON NO. 14: Uh-huh.

20 MR. CALVERT: Are you possessing that No. 14

21 right now?

22 VENIREPERSON NO. 14: Yes.

23 MR. CALVERT: Yeah. ·Because it's in your

24 hand, right?

25 VENIREPERSON NO. 14: Uh-huh.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

--------- ---------------------------2?2-ND-nT-STRTCT-COURT ______ --------------- ---------------

30

~ 1 MR. CALVERT: Is your purse in your hand?

J

2 Do you have a purse with you today?

3 VENIRE PERSON NO. 14: I do.

4 MR. CALVERT: Are you possessing that purse

5 right now?

J 6 VENIRE PERSON NO. 14: Yes.

7 MR. CALVERT: Why? It's not in your hand?

}

8 VENIRE PERSON NO. 14: It's close enough to

9 me.

10 MR. CALVERT: Okay.

} 11 VENIRE PERSON NO. 14: It's in my hand in a

} 12 split second.

13 MR. CALVERT: Okay. Very good. Is this

14 yours, Will? I walked off with Will's pen.

15 This is -- this is my pen. I stole it from

16 Will. Will you hold that for me?

17 VENIREPERSON NO. 12: Yes.

18 MR. CALVERT: Thank you. I want you to hold

:]

1 19 that for me, but don't give it away or anything. I'm

20 going to need it back later. Okay?

21 VENIREPERSON NO. 12: Okay.

22 MR. CALVERT: Okay. Thanks. Just hang on

23 to it for me.

24 Ms. -- is it Nieto?

25 VENIREPERSON NO. 2: Uh-huh.

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

}'~~- -~--~- ----~-----------~- --2-7-2N-D-D-I-£~-RI~G~-GOUR'I'-~-----~~-~------~-~- ----~---

31

\ 1 MR. CALVERT: Did I say that correctly?

j --

2 VENIREPERSON NO. 2: Yes.

(

3 MR. CALVERT: All right. I just gave her

4 that pen to hold for me, but I'm going to get it back

1

5 later. Okay?

~ 6 VENIREPERSON NO. 2: Okay.

7 MR. CALVERT: Is she possessing that pen

}

8 right now?

9 VENIRE PERSON NO. 2 : At the moment, yes.

1

10 MR. CALVERT: Yeah. Why?

~

i

11 VENIRE PERSON NO. 2: Because you gave it to

her to hold on to.

} 12

13 MR. CALVERT: Yeah. Am I possessing it?

} 14 VENIRE PERSON NO. 2: No.

15 MR. CALVERT: Anybody think otherwise? Oh,

~ 16 I see a head nodding back here. Is it Ms. -- help me.

~ 17 VENIREPERSON NO. 42: Ford.

18 MR. CALVERT: Ms. Ford.· Ms . Ford, you're

~ 19 hiding back there, Ms. Ford. You say I am still

possessing it. Why?

~

20

21 VENIREPERSON NO. 42: Because it's yours,

~ 22 and you intend to get it back from her.

23 MR. CALVERT: Yeah. Okay. What do you

~ 24 think about, Mr. Davis?

]

25 VENIREPERSON NO. 41: I think that's

DENISE C.PHILLIPS, CSR

~ OFFICIAL COURT REPORTER

~---~---------- -----------------------------2-72 ND-DI S'I'-R-IC'I'-COUR'I'----------------~----- -----------~--

J

32

] 1 correct.

2 MR. CALVERT: You think that's correct.

J 3 What do you think is it Mr. Irvin?

4 VENIREPERSON NO. 33: Yes.

]

5 MR. CALVERT: What do you think? They say

lu 6 I'm possessing that right now. I'm not even touching it,

7 man. She's got it over there. Why am I possessing it?

}

8 What do you think?

~ 9 VENIREPERSON NO. 33: Because you gave her

J

10 instructions that it remain in her possession and to

J 11 return it to you.

12 MR. CALVERT: Okay.

J

13 THE REPORTER: What number are you, sir?

J 14 MR. CALVERT: Okay. I'm sorry. Mr. Irvin,

15 No. 33, right? AS opposed to the other Mr. Irvin who was

J 16 No. 88.

17 Okay._ Mr. -- let's go down that row.

J

18 Mr. Moore, what do you think about that? Am

J 19 I possessing that pen?

20 VENIREPERSON NO. 30: You still have it. I

J

21 say you still have control and management over it.

22 MR. CALVERT: Okay. Okay.

·J

23 What do you think, Mr. Masterson?

~ 24 VENIREPERSON NO. 35: I think that you are

~ 25 no longer possessing it.

DENISE C.PHILLIPS, CSR

~--

OFFICIAL COURT REPORTER

· · - - · - --------~------ ----~------222ND-DTS.TRICT-COURT--~--~--------·-- ·---~----

l

j

33

l 1 MR. CALVERT: Okay. Tell me why.

2 VENIREPERSON NO. 35: Because she now has

3 the care and management of it until she gives it back to

4 you.

5 MR. CALVERT: All right. What do you think,

6 Ms. -- is it Strickman?

7 VENIREPERSON NO. 36: Steckman.

8 MR. CALVERT: Steckman. I apologize. What

l 9 do you think, ma'am? I mean, you're No. 36; is that

10 right?

J 11 VENIREPERSON NO. 36: Yes.

12 MR. CALVERT: Okay.

J

13 VENIREPERSON NO. 36: The pen would belong

14 to you, but you have no control over it right now because

15 it is in her possession and whatever she does with it,

16 it's her fault.

17 MR. CALVERT: Okay. Let's go forward.

18 Mr. -- is it Mr. Hernandez, No. 19, what do

19 you think, Mr. Hernandez?

20 VENIREPERSON NO. 19: I say she has

J

21 possession of it.

22 MR. CALVERT: She does, clearly. Does

23 anybody in here dispute that she has possession? You're

24 not disputing you possess my pen, right?

25 VENIREPERSON NO. 12: No.

DENISE C.PHILLIPS, CSR

J___________ -------------------0-~-~~-~-~A~~~~~~~~ R~~~~;ER _____________ ,________

J

34

1 1 MR. CALVERT: Okay. Don't throw it away or

2 anything.

J 3 No question she has possession. But what do

~

4 you think? Can she possess it and I possess it? Is that

5 possible? What do you think, Mr. Hernandez? Can two

~ 6 people or three people or 20 people possess the same thing

7 at the same time?

J VENIREPERSON NO. 19: I would say no.

8

9 MR. CALVERT: You would say no. Okay. What

J

10 do you think? Let's go right down that row. What do you

J 11 think, Ms. -- you're going to have to help me with this

12 one.

J

13 VENIREPERSON NO. 18: Defrancesco.

~ .

' 14 MR. CALVERT: That's exactly what I was

15 going to say. What do you think, Ms. Defrancesco?

J 16 VENIREPERSON NO. 18: I don't think you have

17 possession of it. You don't have control over it.

J

18 MR. CALVERT: Okay. Yes, sir. What do you

J 19 think? Were you holding up your hand?

20 VENIREPERSON NO. 11: Well, I do have a

J

21 question about it.

~ 22 MR. CALVERT: Yeah.

23 VENIREPERSON NO. 11: What about the reason

24 for giving it away? Is -- what if the reason for giving

] 25 it away is because I'm not supposed to have it.

DENISE C.PHILLIPS, CSR

~~..~-~- ---- -----~--~~~~~--~0~.~~~-~-~~~~~~~-~~T~~~~-~~E~---~-------

35

J

1 MR. CALVERT: Okay. How does that work?

l--

2 Tell me what you're thinking. Flesh that out for me.

J 3 What are you thinking?

4 VENIREPERSON NO. 11: If I'm not supposed to

J

5 be in possession of something, so I give it away to

l 6 somebody else, I don't have it anymore.

7 MR. CALVERT: This is not a box of Kleenex.

J

8 I know it looks like one. But it's not. It's a kilo of

9 cocaine. Okay? I don't want that. Here you take it.

J

10 I'm not supposed to have that, right? And you're, like,

J 11 wait, no, I don't want that either. I'll take it.

12 I knew what this was, right? Okay. I knew

J

13 what this was, and I had this -- you bring up an

J 14 interesting point. If you legally, are you in_

15 possession of something-- let's -- let's do this a little

~ 16 bit different. What your name, ma'am?

~ 17 VENIREPERSON NO. 3: Marilyn Mathis.

18 MR. CALVERT: Marilyn, let's say on a break

~ 19 you leave the courtroom; and you leave your purse. You've

20 got a big red bag down there_. You leave your purse here,

J

21 and I take some methamphetamine that we have back there in

~ 22 the evidence deal, and I put it in your purse while you're

23 out there. Okay? You don't know that this has happened.

J

24 All right?

25 VENIREPERSON NO. 3: Uh-huh.

DENISE C.PHILLIPS, CSR

~---:~---

OFFICIAL COURT REPORTER

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

------·~-------------------2-7-2N-B-DI~STR-I-CT-C0URT---------------------

,

J

36

1

1 MR. CALVERT: And you come back in and you

l--

2 leave for the day and take your bag with you. Are you

l 3 exercising, custody, control or management over that

4 methamphetamine?

J

5 VENIREPERSON NO. 3: Evidently, but that

J 6 ain't going to happen. I'm not leaving my purse.

7 MR. CALVERT: Well, a wise policy for sure.

~

J

8 But what do you think? Let's say that happened. Are you

9 in possession of the methamphetamine?

J

10 VENIREPERSON NO. 3~ Sadly, yes.

J 11 MR. CALVERT: Yeah, you are. Under those

12 circumstances, though, would you be committing a crime?

J

13 It is illegal to possess methamphetamine except you have

J 14 to know you're possessing it, right? And that kind of

15 gets to what you're talking about, Mr. Slovak, right?

J 16 VENIREPERSON NO. 11: Yes.

17 MR. CALVERT: In order to possess something

J

18 and it be a crime to possess it, you have to be aware of

j 19 your possession of it for a long enough period that you

20 could have terminated your control over it at any point.

J

21 For example, if you are ~- you go to get

J 22 your keys and you find a little Baggie of meth and you go,

23 "Good Lord, this is a Baggie of meth;" and there's a cop

J 24 standing there; and you go, "Officer, I just found this in

25 my bag. I think somebody planted it in here." At that

DENISE C.PHILLIPS, CSR

L-- ------ ---------~--~~~~~~~~~-~~~~-~~T~~~~~~-E-R----------------1-----------

[} 37

0 1 point, you haven't committed a crime. You actually did

2 exercise care, custody, control or management over the

0 3 meth. Okay? But that wouldn~t have been illegal because

0 4

5

as soon as you knew about it, you're getting rid of it,

right?

0 6 Does that make sense? Does that kind of get

7 to what you were talking about?

0 8 VENIREPERSON NO. 11: Well, I'd be

0 9 interested in the question about, well, at what point did

10 someone get possession?

0 11 MR. CALVERT: Sure.

0 12

13

VENIREPERSON NO. 11:

they found -- when they knew that they weren't supposed to

And did they -- when

0 14 have it, did they take steps to get rid of it?

15 MR. CALVERT: Okay. So, what you're talking

0 16 about is let's say instead of when she discovers the

0 17 methamphetamine finding the nearest officer and going,

18 "Officer, I just found this," she takes it home and says,

0 19 "Look what I found in my purse?"

0 20

21 think?

Is that a different scenario?

Is she probably committing a crime at that point

What do you

0 22 by possessing that methamphetamine?

23 VENIREPERSON NO. 11: I don't know. I'd

0 24 want to hear that argument.

0 25 MR. CALVERT: Okay.

DENISE C.PHILLIPS, CSR

Well, what do you

0.1 OFFICIAL COURT REPORTER

---- --· -- ----- ---------- --------- ----------------~2-7-2ND--D±£'I'RI-G~--GGUR-'I'-----·----·-- ---~.--------- --···-----------

0

n 38

D- 1 think? Make the argument. What do you think? She's

2 known about it for --

0 3 VENIREPERSON NO. 11: I don't know all the

0 4

5

details of the circumstances.

MR. CALVERT: Okay.

0 6 VENIREPERSON NO. 11: I'd need to know more.

7 MR. CALVERT: Okay. What do you think? Are

0 8 you committing a crime by taking that meth home and

0 9 VENIREPERSON NO. 3: Well, I wouldn't know

10 what it looked like, so I don't know.

0 11 MR. CALVERT: That's good. What do you

0 12

13

think, Mr. Cessna?

VENIREPERSON NO. 6: Well, I think that if

0 14 she knowingly possessed it, then she'd be a liability.

15 MR. CALVERT: Okay. Ms. is it Manchi?

0 16 VENIREPERSON NO. 7: Manchi.

0 17

18

MR. CALVERT:

what do you think?

Manchi. Okay. Ms. Manchi,

Do you agree with Mr. Cessna that if

0 19 she knows about it and she continues to possess it, at

20 that point, she's committirrg the offense? Do you agree?

0 21 VENIREPERSON NO. 7: Yes.

0 22 MR. CALVERT: Okay. What do you think,

23 Mr. -- Ms. Welsh? Where are you, Ms. Welsh? There you

0 24 are.

0 25 VENIREPERSON NO. 9: I think whenever

DENISE C.PHILLIPS, CSR

.0 ---- ----- OFFICIAL COURT REPORTER

---------·-----2-7-2-NE>-El±S'I'-R-I-~-'F-GGUR.!:.F--------------

D

0 39

0- 1 something is knowingly done, then, yes, that's when it

2 ·revolves into a crime.

0 3 MR. CALVERT: Okay. Y'all are right. Y'all

0 4

5

are right. And that's the law. Okay. That's the law.

If you are aware of your possession of something for a

0 6 long enough period of time that you could have terminated

7 your control over ·it and you continue to possess it, at

0 8 that point, you're guilty of the offense of possessing,

0 9 whether it's dope or whatever. Does that make sense?

10 Any questions about that? Now, one of the

0 11 cool things about my job is I get to talk to a lot of

0 12

13

folks.

that.

And a lot of people, say, "You know, Ryan, I get

I get what the law is; but for me, personally, I

0 14 couldn't find somebody guilty. I couldn't convict

15 somebody of a felony as a juror unless it's like in their

0 16 hands or on their person," right? "I mean, that's just

0 .17

18

me. I couldn't do it."

And a lot of folks feel that way, and

0 19 there's nothing wrong with feeling that way. But who kind

of thinks that way? Because there's a lot of people when

0 20

21 they hear the word "possession," they think kind of

B 22 like we heard from Ms. Blair, in your hand, in your

23 pocket, in your purse, right? That was the first thought

0 24 that went into your head.

0 25 I mean, how do you feel about that?

DENISE C.PHILLIPS, CSR

Do you

Q_________________________ ·-----0~-~~~~~~T~-~~~~T~~~-~~~-ER----------------~ ------------

0

40

1 think it's fair to -- that somebody could be convicted of

2 possessing something that literally is not on their

3 person, that's not in their hands? Are you okay with

4 that?

5 VENIREPERSON NO. 14: I think if you do~'t

6 have control at that point, somebody else could have put

7 it somewhere without you knowing it; then, I don't think

8 you should be in trouble for that. Like her, if she

9 wouldn't -- I wouldn't know what it looks like either; but

10 if somebody put it in there and she walked off and then

11 two weeks later she went through her big purse and found

12 it, you know, I don't think she should be the one getting

13 in trouble for it.

14 MR. CALVERT: Okay. What do you think,

15 Ms. -- is it Steckman? Did I say your name right?

16 VENIREPERSON NO. 36: Yes, Steckman.

17 MR. CALVERT: Steckman. Okay.

18 Ms. Steckman, what do you think? Are you okay with the

19 notion that somebody can possess something that is not

20 physically in their hand or on their person? How do you

21 feel about that?

22 VENIREPERSON NO. 36: Oh, definitely.

23 MR. CALVERT: But why? Why do you say that?

24 VENIREPERSON NO. 36: Because he could

25 have -- he or she could have it, like, on -- in the car,

DENISE C.PHILLIPS, CSR

0 41

D 1 in their house.

2 MR. CALVERT: Okay.

rJ 3 VENIREPERSON NO. 36: And to me, you could

0 4

5

possess it.

MR. CALVERT: Okay. Mr. Arias, what do you

0 6 think about that?

7 VENIREPERSON NO. 37: I agree. You can

D 8 have -- you know, I have tools in my truck right now.

0 9

10

. They're clearly in my possession.

MR. CALVERT: Did -- you drove your truck to

0 11 the courthouse today?

0 12

13

VENIREPERSON NO. 37:

MR. CALVERT:

Yes, sir.

It's parked out in the parking

0 14 lot?

15 VENIREPERSON NO. 37: Yes, sir.

0 16 MR. CALVERT: You didn't bring your tools

0 17

18

into the courtroom, did you?

VENIREPERSON NO. 37: No, sir.

0 19 MR. CALVERT: Okay. And you said those

0 20

21

tools, even though they're in your vehicle, they're in

your possession, right?

0 22 VENIREPERSON NO. 37: Yes, sir, they are.

23 MR. CALVERT: Why? Why do you think so?

0 24 VENIREPERSON NO. 37: Because they're under

0 25 my care. I can manage those tools.

DENISE C.PHILLIPS, CSR

-8----- ____ ·--··------------------~~-~~~~A~T~~~~~/~-~~g~~ER ----------·----•---------

0

0 42

n. 1 MR. CALVERT: Okay. Very good.

2 What do you think about that, Mr. -- let's

D 3 keep going down that row. Is it Mr. Pfitzer?

0 4

5

VENIREPERSON NO. 38:

with the previous gentleman's statement.

Yes, sir. I agree

0 6 MR. CALVERT: Okay. So, you agree that his

7 tools are in his truck. They're not even in the same

0 8 building as him, but he's saying they're still in his

0 9 possession, right?

10 VENIREPERSON NO. 38: They're in his

0 11 vehicle.

0 12

13 with him in being in possession

MR. CALVERT: Okay. And you're comfortable

saying that he's in

0 14 possession of those even though they're in his vehicle in

15 another part of the

0 16 VENIREPERSON NO. 38: I am.

0 17

18 think?

MR. CALVERT: Okay. Ms. Nelson, what do you

0 19 VENIREPERSON NO. 39: I think he put them in

0 20

21

his vehicle. He parked his vehicle.

possession, and nobody got him to do it.

They're in his

0 22 MR. CALVERT: All right. Mr. Cobos, what do

23 you .think about that?

0 24 VENIREPERSON NO. 16: I agree.

0 25 MR. CALVERT: Okay. Are you comfortable

DENISE C.PHILLIPS, CSR

OFFICIAL COURT REPORTER

-U---- ---- ---------- -----------------------------~- -----------2 72 ND-DTS TRICT-COURT____________ --- -------- -- -- ---------

0

0 43

0 1 with that, that if something's in your vehicle or in your

2 home or something, it's in an area that you control, that

0 3 you are in possession of that? Are you okay with that

0 4

5

notion?

VENIREPERSON NO. 16: Uh-huh.

0 6 MR. CALVERT: All right. How about you,

7 Mr. Holt?

0 8 VENIREPERSON NO. 17: Yes, I agree with

0 9

10

that.

MR. CALVERT: All right. Ms. -- is it

0 11 Albernaz? Did I say that right?

12 VENIREPERSON NO. 46: Yes.

0 13 MR. CALVERT: All right. What do you think

0 14 about that?

15 VENIREPERSON NO. 46: I agree.

0 16 MR. CALVERT: Who feels the other way? You

0 17

18

know, a lot of folks do. They feel like,

couldn't convict somebody of a felony unless

"Yeah, I

i~'s like on

0 19 them, in their pocket, in their hand."

20 What do you think about that, Ms. Blair?

0 21 VENIREPERSON NO. 14: Well, his tools ·are in

0 22 his truck in the parking garage. What if somebody walks

23 by and drops something in the bed of that pickup truck?

0 24 MR. CALVERT: That's a good

0 25 VENIREPERSON NO. 14: Is he still in -- you

DENISE C.PHILLIPS, CSR

D- OFFICIAL COURT REPORTER

- -~---- ------------ -----------2-7-2N-D-I)-I-S'I'-R-I-G-T-GGUR'I'-- ----------------~- ----~-------~

O

rl~J 44

0 1 know, are you in possession then?

2 MR. CALVERT: Well, and again, this is where

0 3 we get into two different things. Is he in possession in

0 4

5

that he has care, custody or control over whatever item

you•re talking about? Say it•s a drug, right? Would he

0 6 have care, custody, control or management over those

7 drugs?

0 8 VENIREPERSON NO. 14: Right.

fJ 9 MR. CALVERT: Would he? Yes. But would

10 that be a crime? No. And the reason is why?

0 11 VENIREPERSON NO. 8: Because he doesn•t know

12 it.

0 13 MR. CALVERT: Because he doesn•t know it.

0 14 He didn•t know it. Those are two different things. Okay?

15 Those are two different things. Does that make sense?

0 16 VENIREPERSON NO. 14: Uh-huh.

0 17

18

MR. CALVERT:

getting that right?

Okay. Ms. Galimbertti, am I

0 19 VENIREPERSON NO. 15: Galimbertti.

20 MR. CALVERT: Okay. What do you think about

0 21 that? Are you okay with this notion that you can just

0 22 possess something that is not physically on your person?

23 VENIREPERSON NO. 15: Yes.

D 24 MR. CALVERT: Yeah? Dr. Schlitter, how

0 25 about you? Are you okay with that?

DENISE C.PHILLIPS, CSR

_g ___ - - --~----- ---------~~---

OFFICIAL COURT REPORTER

----- ----z7 2ND-DISTRTCT-COURT ____________________ ---------

0

[} 45

VENIREPERSON NO. 13: Yes.

0-- 1

2 MR. CALVERT: How about you, Ms. Bernal?

D 3 VENIREPERSON NO. 12: I don't think so.

0 4

5

MR. CALVERT:

VENIREPERSON NO. 12:

Okay. Talk to me.

If it's not on me,

0 6 then I shouldn't claim something that doesn't belong to me

7 or that's -- it could be belong to somebody else.

0 8 MR. CALVERT: That's a good point. It could

0 9

10

belong to somebody else, right?

holding for me, that was my pen, right?

That pen that you were

0 11 VENIREPERSON NO. 12: Yes.

0 12

13 It was Will's, right?

MR. CALVERT: Actually, it wasn't even mine.

0 14 VENIREPERSON NO. 12: That's what I was

15 going to say, also. I mean, it could be a third party's

0 16 item the second party gave to me.

0 17

18

MR. CALVERT:

VENIREPERSON NO. 12:

Right.

So, I --

0 19 MR. CALVERT: Right.

20 VENIREPERSON NO. 12: -- I can always pass

0 21 the blame to somebody. I wouldn't want to take the blame.

0 22 MR. CALVERT: Okay. But that brings up,~-

.t~·

23 good point. Well, let me square this up with you f:i,tst.

0 24 A lot of folks feel exactly like you do, that I j·u,st- don't

'·:·;

;.!.•;

·.,.

0 25 think that's fair for somebody to be convicted offa felony

DENISE C.PHILLIPS, C~R

n OFFICIAL COURT REPORTER

tJ·--- ---- ------- ---------------------------- --- --------2/2N-D--DTSTRTCT_:__COURT----c--------------------- ----:--- --------·-

0

0 46

o. 1 for something unless it's like on them, in their pocket or

2 in their hand, right? Is that kind of how you feel?

0 3 VENIREPERSON NO. 12: If it's not mine

0 4

5

legally, if it's not mine, I was just asked to hold it for

somebody

0 6 MR. CALVERT: Uh-huh.

7 VENIREPERSON NO. 12: -- I wouldn't want to

0 8 take responsibility for it

n 9

10

MR. CALVERT: Well

VENIREPERSON NO. 12: -- other than --

0 11 MR. CALVERT: Well, I understand you not

D 12

13

wanting to take responsibility for it.

VENIREPERSON NO. 12: Well, I shouldn't be

0 14 having to take the blame.

15 MR. CALVERT: Okay. Okay. Then let's --

0 16 let's explore that for a minute, and then I'm going to

D 17 I've got you, Ms. Blair.

18 What I hear you saying -- and I don't want

[I 19 to put words in your mouth, so let's talk about this -- is

0 20

21

just in your mind, you don't think it's fair for somebody

to be held responsible for possessing something unless

0 22 they own it, unless it's theirs, right?

23 VENIREPERSON NO. 12: Correct.

0 24 MR. CALVERT: Okay. Okay. And so, in your

0 25 mind, even if the evidence proves that maybe somebody was

DENISE C.PHILLIPS, CSR

_g -· -- - --- - --------------------~~~~-~~~~~-~~~~~T~~~~:~~~- -------------- -----------

0

0 47

0-. 1 exercising care, custody, control or management over

2 prope~ty, a firearm, righti and they knew they had iti but

0 3 it wasn't theirs, I mean, they didn't own it

n 4

5

VENIREPERSON NO. 12:

MR. CALVERT: right?

Right.

In your mind, you

[j 6 couldn't convict somebody of a felony under those

7 circumstancesi is that true?

0 8 VENIREPERSON NO. 12: I probably-- I would

0 9 be able to only because it's not me. But if it were

10 somebody else, I could -- I can -- if the evidence were

0 11 proven then, yes, I could.

0 12

13

MR. CALVERT: Okay. Ms. Bernal -- or, I'm

sorry, Ms. Blair, what were you going to say?

D 14 VENIREPERSON NO. 14: Well, I think the

15 question is access. You know, is it limited access? Is

0 16 it -- if it's not your possession or, at the time, it's in

[} 17 my car 1 then I I m t.he only one who could possibly I then I

18 would say, yes, you're in possession. But if there's six

0 19 other people that have keys to that car, then I'm not sure

20 you could establish possession immediately.

0 21 MR .. CALVERT: Okay. Ms. -- let's go

0 22 straight back. Ms. Moore, what do you think about that?

23 Can -- what do you think about the notion, first of all,

0 24 Ms. Moore, that somebody can possess something that's not

[J 25 physically on them? Are you okay with that?

DENISE C.PHILLIPS, CSR

g--------------·--------- -------~~~-~-~~A~-I-~~~~-~T~~~~~~~-~--------------------·- ----------------

0

0 48

[}

. !

__ 1 VENIREPERSON NO. 30: Yes.

2 MR. CALVERT: Okay. Let's take it a step

[J 3 further. What about the notion that -- well/ are you

B 4

5

married?

VENIREPERSON NO. 30: Yes.

0 6 MR. CALVERT: Okay. Do you own a horne?

7 VENIREPERSON NO .. 30: Yes/ sort of.

0 8 MR. CALVERT: Sort of. That's okay. Do you

0 9 have a TV?

10 VENIRE PERSON NO. 30: Yes.

0 11 MR. CALVERT: Is it in your house?

0 12

13

VENIRE PERSON NO. 30:

MR. CALVERT: Okay.

It should be.

Do you possess that TV?

0 14 VENIRE PERSON NO. 30: Yes.

15

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.