# Greer, David AKA David Duane Greer > Court of Appeals of Texas · November 30, 2015 URL: https://www.frixlaw.com/law-library/cases/4061908 ## Case - **Court:** Court of Appeals of Texas - **Decided:** November 30, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4061908 ## How later opinions describe it (automated extraction) - 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. ## Opinion text ./ 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 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 MR. CALVERT: Yeah. Why? 0 16 VENIRE PERSON NO. 30: Oh, well 0 17 MR. CALVERT: It's not a trick question. 18 VENIREPERSON NO. 30: I possess it in the 0 19 material sense, but I don't possess what could happen to 20 it because unless you have control of the remote control/ 0 21 that's not possession. B 22 MR. CALVERT: Yes 1 but here's the problem 23 with what you just said. You're the wife; therefore/ you 0 24 always have control. - 0 25 VENIREPERSON NO. 30: DENISE C.PHILLIPS, CSR I'm also a mother/ and fl OFFICIAL COURT REPORTER bJ------ -- ~-·--- ---·-------·-~--------2-:-7-2-ND -Il:ES-':&R-I-G--T-e0URIP---~------------- ---------------- 0 0 49 0 1 I never have control. 2 MR. CALVERT: All right. Would you agree D 3 that your TV is in your house; and because it's in your 4 house, you have control or management over that TV, right? D 5 VENIREPERSON NO. 30: Yes. G 6 MR. CALVERT: Because it's in your house. 7 You didn't bring it with you today, right? 0 8 VENIREPERSON NO. 30: Right, I did not bring 0 9 it with me. 10 MR. CALVERT: Well, I mean, Ms. Moore, are 0 11 you okay with the notion -- are you comfortable saying 12 that you are in possession of the things that are in your D 13 home, like a TV or a refrigerator, things that you know [l 14 about? 15 VENIREPERSON NO. 30: I'm more comfortable 0 16 with the refrigerator. 0 17 MR. CALVERT: Why aren't you comfortable I 18 with the idea of -- do you have a flat screen or a big 0 19 one? 20 VENIREPERSON NO. 30: Yes. D 21 MR. CALVERT: Okay. And you're not 0 22 comfortable saying you possess that? 23 VENIREPERSON NO. 30: No, no, I possess it, 0 24 I just can't control what -- I just can't control what 0 25 comes across it or what people view. DENISE C.PHILLIPS, CSR II OFFICIAL COURT REPORTER tJ------ -- --- -- --------~-~--~~~~-272ND-DISTRTCT-COURT-~--------------- ------------- 0 ll so n. 1 2 of it. MR. CALVERT: I'm not talking about the use 0 3 VENIREPERSON NO. 30: Okay. 0 4 5 of it. MR. CALVERT: I'm not talking about the use I'm talking about the actual item, the TV itself. 0 6 Okay. Is that in your possession? 7 VENIREPERSON NO. 30: Yes. u 8 MR. CALVERT: Yeah. Why? Because it's in 0 9 your house, right? 10 VENIREPERSON NO. 30: Yeah. 0 11 MR. CALVERT: What's your husband doing 0 12 13 today? VENIREPERSON NO. 30: He's at work. 0 14 MR. CALVERT: Is that TV in his possession? 15 VENIREPERSON NO. 30: Yes. 0 16 MR. CALVERT: Yeah. So, what about -- what D 17 18· about that? How can two people or more than two people have possession of the same thing at the same time? 0 19 VENIREPERSON NO. 30: Well for us, I guess, 20 it's because we're in a marriage; and you have mutual D .. 21 possession. 0 22 MR. CALVERT: Sure. Okay. Ms. Carter, what 23 do you think about that? Do you agree that more than one 0 24 person can possess the same thing at the same time? 0 25 You' re No. 29. DENISE C.PHILLIPS, CSR fl OFFICIAL COURT REPORTER -H ------ ----27ZND~DISTRICT-COURT-·------~---------- ---··------- 0 51 [J_ _ 1 VENIRE PERSON NO. 29: Yes. 2 MR. CALVERT: Why? Explain to me how that•s D 3 possible. 0 4 5 VENIRE PERSON NO. 29: MR. CALVERT: Okay. We share it. Mr. is it Lavender? Q 6 VENIRE PERSON NO. 28: Yes. 7 MR. CALVERT: What do you think about that? D 8 VENIREPERSON NO. 28: I agree. n 9 10 MR. CALVERT: Why? VENIREPERSON NO. 28: Because more than 0 11 person can have care and control of everything to do with 12 0 13 it. MR. CALVERT: Okay. Ms. Frosch, do you 0 14 agree with that? 15 VENIREPERSON NO. 27: I agree with him. 0 16 MR. CALVERT: Yeah. 0 17 18 VENIREPERSON NO. 27: I agree with what he said because more than one person can have control.or 0 19 management of the things in the home. 20 MR. CALVERT: Okay. Dr. Hash, do you agree 0 21 with that? 0 22 VENIREPERSON NO. 26: Yes. 23 MR. CALVERT: And you•re a physician; is 0 24 that correct? D 25 VENIREPERSON NO. 26: Yes. DENISE C.PHILLIPS, CSR Q___ - - · --·- -----------------~!-~-;~~~r~-~~-~~-T~~~~-~~~~------------ -·--------- 0 0 } 52 1 MR. CALVERT: Let's say that -- let's say, 2 Dr. Hash, that you have -- you ever seen the movie "Scar } 3 Face"? 4 VENIREPERSON NO. 26: Portions of it. 5 MR. CALVERT: Portions of it. Okay. What's 6 it about? Tell me. 7 VENIREPERSON NO. 26: It's about Al Pacino 8 being a gangster, and he was essentially running things up 9 in Miami. 10 MR. CALVERT: Ends up in Miami, not just a 11 gangster but what's his business? Cocaine. Cocaine, 12 right? He's a drug lord. He's a drug lord, right? 13 VENIREPERSON NO. 26: Yes. 14 MR. CALVERT: And he -- by the end of the 15 movie, he's top dog, right? He's sitting in the mansion 16 on Miami Beach. And he is responsible for a cocaine 17 empire, right? Sending out dealers all over the place 18 selling cocaine. 19 Now, let's take cocaine as an example. The 20 guy standing on the street corner, Dr. Hash, slinging, you 21 know, 1 gram bags of cocaine, is that guy in possession of 22 the cocaine that he's selling? 23 VENIREPERSON NO. 26: Yeah. 24 MR. CALVERT: Yeah. What about the guy over ~ 25 him that gave him that cocaine to deal as part of that DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l---- -- ·-------- -~-- --- --·----~---~----- -- -----------272 ND-DISTRI CTTOURT----~----------------- ·-------------~---~ } 53 1 1 same operation? Is he in possession of that cocaine? 1 2 VENIREPERSON NO. 26: Under that definition, } 3 yes. 4 MR. CALVERT: Yeah. Why? 5 VENIREPERSON NO. 26: He controls it. '. } 6 MR. CALVERT: And what about the guy over 7 him, all the way up to Al Pacino sitting in the mansion in } 8 Miami, right? Is Al Pacino, who is not touching the } 9 cocaine, he doesn't even see it, right; but he knows it's 10 there. He's running the operation of it. Is he in 11 possession of the cocaine that his organization is 12 selling? What do you think? 13 VENIREPERSON NO. 26: Under that definition 14 I would say, yes. 15 MR. CALVERT: Yeah. Why? 16 VENIREPERSON NO. 26: He controls the 17 distribution. 18· MR. CALVERT: How do you feel about that? 19 Is that fair? 20 VENIREPERSON NO. 26: That Al Pacino 21 controls the industry? 22 MR: CALVERT: Is that fair that a person who 23 is not physically touching the items possessed, a lot of time doesn't even see them, but can still be held to be in 25 possession of them and legally responsible for them if the ( DENISE C.PHILLIPS, CSR IJ OFFICIAL COURT REPORTER 272ND DISTRICT COURT 54 J } 1 evidence shows that they are in control or they're somehow 2 managing that property or those items? Is that fair in 3 your mind? 4 VENIREPERSON NO. 26: Yes. 5 MR. CALVERT: Okay. What do you think? Is } 6 it Ms. -- help me with your name. 7 VENIREPERSON NO. 25: Miao. 8 MR. CALVERT: Miao. Okay. What do you 9 think about what Dr. Hash said? 10 VENIREPERSON NO. 25: I don't know because I 11 don't know what's the difference between the possess and 12 the ownership. 13 MR. CALVERT: Okay. That's a good question. 14 What's the difference between possession and ownership? 15 What number are you, Ms. Miao? No. 25. Do you own ~hat 16 No. 25? 17 VENIREPERSON NO. 25: No. 18 MR. CALVERT: No. But are you in possession 19 of it? 20 VENIREPERSON NO. 25: Yes. 21 MR. CALVERT: Why? 22 VENIREPERSON NO. 25: Because it's in my 23 hand. 24 MR. CALVERT: Right. That's kind of the 25 difference, okay. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER - - 27-2ND- DIS~RIG'I' -GOUR'I'-- -- -- 55 1 VENIREPERSON NO. 25: Okay. 2 MR. CALVERT: The Court owns it, right? l 3 VENIREPERSON NO. 25: Yeah. 4 MR. CALVERT: So, let's use Ms. Miao's No. J 5 25 as an example and let's go down that row. :1 j 6 Is it Mr. Mcintyre? 7 VENIREPERSON NO. 24: Right. J 8 MR. CALVERT: Mr. Mcintyre, do you agree 9 with Ms. Miao that she is in control of that 25 or that J 10 No. 25? 11 VENIREPERSON NO. 24: Yes, I do. 12 MR. CALVERT: Yeah. What about Mr. ·Montoya 13 who is in charge of handing those numbers out to y'all and 14 picking them back up at the end of the jury selection? Is 15 Mr. Montoya also in possession of that No. 25? 16 VENIREPERSON NO. 24: I would agree with 17 that. 18 MR. CALVERT: Yeah. Yeah. What about 19 what about Judge Bryan who's in charge of everything in 20 here? This is his world, right? 21 VENIREPERSON NO. 24: Going pack to the 22 example of the drug lord, yes, he's in the control of the 23 courtroom, so everything in here is under him. 24 MR. CALVERT: Are you comfortable with that? 25 VENIREPERSON NO. 24: Yeah. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER "272ND·-DISTRTCT· COURT·· ·· [I 56 D- 1 MR. CALVERT: Okay. Ms. Henry, how about 2 you? What do you think? Do you agree with Mr. Mcintrye? O 3 VENIREPERSON NO. 23: Yes, because of care, 4 kind of like what you have in your house. You put locks, 5 alarms, possession. You take care and do what you can, g 6 whether that means bringing that with you inside, like, 7 you know, people's credit cards, cash, driver's license. 0 8 Well, not your car; but leaving tools or something like 0 9 that, he made the choice to leave it in his truck. it's still in his possession. He took the care and So, 10 0 11 control of doing that. MR. CALVERT: Mr. Parker, what do you think 0 12 13 about that? 0 14 VENIREPERSON NO. 22: I agree. I think he 15 was in possession and control. They're side-by-side. But 0 16 it's like you're talking about the number, yes, the 0 17 possession is her in hand; but it's actually owned by this 18 court system. Now, she has control whether she's going to 0 19 give it back or not; but legally, the Court owns the number. 0 20 21 MR. CALVERT: Right. Mr. Lamb, are you okay 0 22 with that? 23 VENIRE PERSON NO. 21: Yes. 24 MR. CALVERT: Do you think that's a fair way 0 25 of defining possession that you can have multiple people DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER Q - -272ND--rn-STR-ICT -cOURT -- 0 0 57 0 1 being in possession of the same object at the same time? 2 Are you comfortable with that? 0 3 VENIREPERSON NO. 21: Yes. MR. CALVERT: Okay. What do you think, 0 4 5 Mr. Smith? D 6 VENIREPERSON NO. ---10: I agree. 7 MR. CALVERT: Oops. I'm sorry. That was D 8 Mr. Smith. 0 9 10- VENIREPERSON NO. 20: MR. CALVERT: Okay. I agree. Now, some folks, 0 11 though, feel kind of like we talked with Ms. Bernal over 12 here that ownership to them is the most important. That I D 13 just don't think it's fair to convict somebody of a crime 0 14 unless they own the property. Okay. Even if they're 15 holding it, even if they know about it, I don't think 0 16 that's fair. 0 17 18 Who feels that way and says, to me ownership kind of trumps everything? Is there anybody that feels 0 19 that way? Ms. -- who are my quiet ones? Let's go in 20 back. Is it Ms. Heidick? 0 21 VENIREPERSON NO. 49: Yes. D 22 MR. CALVERT: How do ·you feel about that? 23 Do you think that it's fair that somebody could be held 0 24 responsible for possessing something even if they don't 0 25 own it? DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~o· - -2-72-ND-ni-STR'TCT~-coURT ___ -- 0 0 58 VENIREPERSON NO. 49: Yes. D- 1 2 MR. CALVERT: Okay. How come? El 3 VENIREPERSON NO. 49: You ,have a bunch of 0 4 5 drugs and you gave them to me, and I possessed them. shouldn't get away because I don't own them. I 0 6 MR. CALVERT: All right. Mr. -- help me, 7 right next door. 0 8 VENIREPERSON NO. 50: Bardenhagen. 0 9 MR. CALVERT: Bardenhagen. What do you 10 think about that, Mr. Bardenhagen? 0 11 VENIREPERSON NO. 50: I agree. 0 12 13 Ms. Good? MR. CALVERT: Okay. How about you, 0 14 VENIREPERSON NO. 51: I agree. 15 MR. CALVERT: Is there anybody that 0 16 disagrees with that? Is there anybody that feels 0 17 differently? Yes, ma'am, help me with your number. 18 No. 54. 0 19 VENIREPERSON NO. 54: 54. 20 MR. CALVERT: No. 54, Ms. Dean. What are Q 21 you thinking, Ms. Dean? 0 22 VENIREPERSON NO. 54: It could be either 23 way. Like in a situation you're living with roommates; 0 24 and a roommate has a controlled substance in their room or 0 25 alcohol, you know, whatever; and you know it's there -- DENISE C.PHILLIPS, CSR n···· OFFICIAL COURT REPORTER -tJ"- - -- --- ------------- - --- ------z72ND-DISTRICT-COURT ________________________________ 0 D 59 MR. CALVERT: Yeah. D- 1 2 VENIREPERSON NO. 54: -- but you're not in o 3 control of it or, you know, in possession; but it's in 0 4 5 your house. MR. CALVERT: Right. What do y'all think 0 6 about that? That's a great example. Let's use that. 7 Let's say you live with somebody, and they have -- we'll 0 8 use drugs because that was the example you used. They 0 9 have drugs. You know they have drugs in your house that 10 you share with them; but you don't own them, right? 0 11 You're not using them, right? That's what you're talking about? 0 12 13 VENIREPERSON NO. 54: (Nods head.) 0 14 MR. CALVERT: What do you think about that, 15 Ms. Welsh? 0 16 VENIREPERSON NO. 9: I was in that same 0 17 position while I was in college. But I felt uncomfortable 18 because I had a roommate that thought that that was okay, D 19 and I didn't agree with their decisions. And, well, if 20 I'm paying rent, it's my property whatever. Well, I don't 0 21 want to be in a place where I'm around stuff like that. 0 22 So, I can agree with that. The fact that I had no control 23 of that other than the fact that I got stuck with this 0 24 girl who thought that it was okay to do drugs. 0 25 But, no, 'like if the cops were to come in, I DENISE C.PHILLIPS, CSR n -tj --· -- OFFICIAL COURT REPORTER -- ----- -------- --------------- ------------ ___________________ 2_7.2Nn-·-or·sTRI-CT- ·c-OURT ________ . -~---~--- ----------------~------------------------------------- u .I 0 60 would get in trouble. I would not have agreed that it was D- 1 2 under my possession, too, because I didn't use them. They O 3 weren't in my room. They weren't 0 4 5 MR. CALVERT: Yeah. And in the house example, you could get into a whole lot of really fJ 6 specific -- I mean, you could change that around a whole 7 bunch of different ways, like whose room was it in or 0 8 whose stuff was it in, right? There's a million different 0 9 little variables you could change in there. 10 But let's -- let's do it this way. What if, 0 11 like you said, it's your place. It's your house, and you 12 0 13 know it's there. You know it's there. VENIREPERSON NO. 9: Right. 0 14 MR. CALVERT: And you just choose to kind of 15 ignore it. It's not yours. You don't own it. You're not 0 16 using it. You know it's in your house; but, you know, you 0 17 18 kind of turn a blind eye and say, of that. " "I don't want any part 0 19 VENIREPERSON NO. 9: Right. 20 MR. CALVERT: "I'm just going to" -- 0 21 VENIREPERSON NO. 9: Which isn't probably 0 22 the right thing to do; but as an 18-year-old, at the time, 23 you don't really -- I don't· know. You don't -- I didn't 0 24 want to be a part of that. 0 25 MR. CALVERT: Absolutely. DENISE C.PHILLIPS, CSR No, I understand. n ·t:J--~- ~~--~ OFFICIAL COURT REPORTER -- -------~-- ~-----·-----~---·-272ND-DTSTRrCT-COURT·-----·---------- - - -- D 0 61 Q,,_ 1 VENIREPERSON NO. 9: I didn't want to get in 2 trouble by ratting out my roommate and all that; and so, I 0 3 don't know. I could understand how seeing it that way. o· 4 5 MR. CALVERT: Mr. Smith, what do you think about that? Sure. Now, and Mr. -- No. 10, Legally -- and 0 6 not to pick on you, Ms. Welsh -- 7 VENIREPERSON NO. 9: That's fine. 0 8 MR. CALVERT: But legally, in that scenario 0 9 where she knows there's dope in the house, okay? She 10 doesn't own it. She's not using it, but she knows it's I 0 11 there. It's her house. Legally, is she in possession of 12 that -- of those drugs? 0 13 VENIREPERSON NO. 10: No. 0 14 MR. CALVERT: Okay. Why not? 15 VENIREPERSON NO. 10: She's not exercising D 16 control over it. She has knowledge, but no control. She 0 17 has a moral obligation but not a legal obligation. 18 MR. CALVERT: Okay. Who disagrees with 0 19 that? What do you think? 20 VENIREPERSON NO. 5: I disagree. I think 8 21 she's in possession. 0 22 MR. CALVERT: Why? 23 VENIREPERSON NO. 5: Because she has the 0 24 ability to -- 0 25 MR. CALVERT: You're Mr. Kelling, No. 5. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0---- --· ------ -~-------~----------- ----- ----------- ____ ~-----272ND--DISTRICT C6URT~----------- ----------- ------~ ----------------- D 62 1 VENIREPERSON NO. 5: Sorry. She has the 2 ability to manage the situation by either leaving the 3 situation or having the people and the items removed from 4 the house. 5 MR. CALVERT: Okay. Yes, ma'am, all the way J 6 back in the back, Ms. Hudspeth, No. 60. What do you 7 think? J 8 VENIREPERSON NO. 60: I agree. 9 MR. CALVERT: All right. You agree with 10 what Mr. Kelling said? Okay. Who else feels that way?_ 11 All right. Mr. Cessna, you said you feel 12 that way, and Mr. Parker and Mr. Pfitzer. What do you 13 think about that, Mr. Pfitzer? 14 VENIREPERSON NO. 38: I agree with that, 15 yes. If under the circumstances, one could do something, 16 they are in control. 17 MR. CALVERT: Okay. All right. 18 VENIREPERSON NO. 11: Could I add something? 19 MR. CALVERT: Absolutely. 20 VENIREPERSON NO. 11: Technically, you could 21 say someone's in possession of it, but I think the law 22 allows the jury and the Judge a range of punishment for 23 circumstances. 24 MR. CALVERT: Well done, Mr. Slovak. ] 25 Absolutely. Say that a little bit louder. The law allows DENISE C.PHILLIPS, CSR ~--­ OFFICIAL COURT REPORTER - --272NIY-rH-STRTCT---COURT _______ --------------------- ·----- --------------- ] n ,_j 63 0--- 1 a range of? 2 VENIREPERSON NO. 11: Punishment. u 3 MR. CALVERT: Punishment, right? Absolutely. And you're correct about that. [J 4 5 Why is that important? In your mind, what 0 6 made you say that? What made you think about that? 7 VENIREPERSON NO. 11: Well, because I think 0 8 there's different levels of guilt. 0 10 9 MR. CALVERT: Yeah. You're right about that. Okay. You're absolutely 100 percent right about 0 11 that. 0 12 13 works. Okay. And what you said is exactly how the law There are three phases in any jury trial. 0 14 You're in the first one right now, jury selection. Or as 15 the Judge correctly pointed out, jury deselection. Okay? 0 16 The next phase is the guilty/not guilty 0 17 phase. In the guilt phase, the only issue -- the only 18 question in front of the jury is did the State prove that? 0 19 Yes or no, period, the end. Okay. At the guilt phase, 20 that is the only question that the jury has to answer is: 0 21 Did Ryan and Will prove each one of these elements beyond 0 22 a reasonable doubt? 23 And if the answer is yes, they jury is 0 24 required to come back with what verdict? 0 25 VENIREPERSONS: Guilty. DENISE C.PHILLIPS, CSR -0--·- --- ------ ·~ -- -------------- "---- ---~~-~~~~~~T~~~-~~T~~~g:~ER______ --------- ----- -·---- ------- -- ~--------- / 0 0 64 1 MR. CALVERT: Guilty. And if the answer is 2 no to any one of these, the jury is required to come back 0 3 not guilty. Is everybody with me? 0 4 5 VENIREPERSONS: MR. CALVERT: Uh-huh. Once a guilty verdict has been 0 6 reached, then we get into what phase, Mr. Slovak? 7 VENIREPERSON NO. 11: Punishment. 0 8 MR. CALVERT: Punishment. Okay. And you're 0 9 correct in that the law builds in punishment ranges, big 10 punishment ranges, specifically for that reason. So, that 0 11 level -- you know, degrees of guilt or degrees of 0 12 13 culpability, I guess we'll say, can be properly addressed as far as the punishment. Does that make sense? Does 0 14 that make sense to everybody? 15 Now, in this particular case -- in all 0 16 criminal cases prior.to the time that we get here to this 0 17 part of the trial, the person on trial has to make an 18 election, a choice. In the event I'm convicted, in the 0 19 event that I'm found guilty, I want either the jury or the 20 Judge to assess my punishment. All right? 0 21 Now, in this particular case, Mr. Greer has 0 22 opted for the Judge. S~, the jury's job in this case will 23 only be this right here (indicating). Okay? It will only ·o 24 be guilt. And the Judge will be handling punishment. 0· 25 Does everybody does that make sense? DENISE C.PHILLIPS, CSR Is everybod~ okay Q~- .. - -- -. --- - -- OFFICIAL COURT REPORTER ------------------z72Nn--DTSTRICT- COURT_______ - -- - ---- -------- ~--------------------------------------------------~--~ ·0 0 65 with that? D- 1 2 Is there anybody that says, "I don't think B 3 that's right. I think if the jury's doing guilt, I think 4 the jury should get to do punishment"? 0 5 All right. Getting back to what we were 0 6 talking about a minute ago, is there anybody here kind of 7 in line with the discussion that we were having, that 0 8 says, "You know, Ryan, if I look deep down in the depths [J 9 of my soul and I'm honest with myself, I could not pull 10 the trigger and find somebody guilty of a felony unless 0 11 they ~- it was their property that they owned"? Ms. Welsh, is that how you feel? 0 12 13 VENIREPERSON NO. 9: Yeah, I don't -- either 0 14 side of it, I feel sick to my stomach having to send 15 somebody anywhere. Q 16 MR. CALVERT: I understand. I understand. 0 17 And I appreciate that. A lot of folks feel that way. And 18 that's what I was talking about earlier. They just feel 0 19 like, "Ryan, unless you own it, I couldn't do that." A 20 lot folks feel that way, and there's nothing wrong with 0 21 that. 0 22 Yes, ma'am, No. 42, Ms. Ford? 23 VENIREPERSON NO. 42: Yes, sir. 0 24 MR. CALVERT: Is that how you feel? D 25 VENIREPERSON NO. 42: DENISE C.PHILLIPS, CSR No, I would have OFFICIAL COURT REPORTER Q- - - -- - --- · --- ---- ----- ---- - -- -- -- - - 2'72NB-DIS!F-R-IG!F---G0U-RT-- ------------ --- -------------- 0 n 66 o. 1 2 trouble ~- I can see a scenario where someone who was told they couldn't have a gun for a certain period of time and B 3 they found a friend or a family member who would keep that [] 4 well away from ~hem where they would have no access or \;\/ 5 anything like that, and -- and it was still in their -- 0 6 technically, I guess, in their possession, but in someone 7 else's and looked after -- 0 8 MR. CALVERT: Right. D 9 VENIREPERSON NO. 42: -- and nothing was 10 done, that person could legally hold that gun for them. 0 11 MR. CALVERT: Yeah. That's not what we're 0 12 13 talking about here. In that scenario that you're addressing, that actually happens; and that does exist. D 14 And there are certain types of offenses, domestic 15 violence, for example, that you can't have a gun for a 0 16 period of time. But that's -- that's a very good point, 0 17 18 but that's not really what we're discussing in terms of this discussion. Does that make sense? We're talking 0 19 about -- anybody else that agrees with Ms. Welsh that says, "Unless it's like your property that you're using, 0 20 21 that you -- that you own, I can't find you guilty of a 0 22 felony"? Who else feels that way? 23 All right. Ms. Welsh, I appreciate that. 0 24 VENIREPERSON NO. 9: Sorry. 0 25 MR. CALVERT: No, you don't need to DENISE C.PHILLIPS, CSR ~-~ OFFICIAL COURT REPORTER tJ- ··- ··- -- - ----------- ------------------------272-ND--D-I-STRI-CT--COURT---- - ------- -------- -- -- -- · 0 0 67 0 1 apologize. That's exactly-- you did exactly what you're 2 supposed to do. That's exactly -- look at this point in B 3 time, y'all might have noticed when y'all came in here, 0 4 5 the very first thing y'all did was you took an oath to what? 0 6 VENIREPERSONS: To be honest. 7 MR. CALVERT: To be honest, right. You 0 8 might have noticed you did not take an oath to follow the [} 9 law. And that's one of the really, really cool things 10 about our system, is there's a reason you haven't taken an 0 11 oath to follow the law because you don't have to at this 0 12 13 point, right? your opinions. All you've got to do is be honest about We're allowed to disagree. That's what's 8 14 so neat about this. 15 But we have to have that discussion now 0 16 because the 12 of you that wind up over here, the very 0 17 first thing that you'll do once you wind up over here is 18 you're going to take a different oath. And that is to 0 19 render a true verdict based on the law and the evidence in 20 this case. Q 21 And so, we can't have it be once you get 0'' 22 over here, you go, "Yeah, I don't think I could follow 23 that law." Too late at that point. So, we have to figure 0 24 that out now. All right? 0 25 So, you did exactly the right thing. DENISE C.PHILLIPS, CSR I Q-·-· OFFICIAL COURT REPORTER ··-- ·- ----·------------ ---- ------- ·-·-272ND-IHSTRreT-··e-DrSTRTCT-COl:JRT- -- -- --- -~ ~ ~- - ~-- ~ - ~-- ---- } [l 102 [] 1 VENIREPERSON NO. 1: I guess they felt 2 threatened because he was upset, and they felt he was 0 3 argumentative. 0 4 5 MR. CALVERT: VENIREPERSON NO. 1: I understand. I knew he didn't think '[} 6 he was doing any wrong. 7 MR. CALVERT: I understand. I'm asking for 0 8 your opinion. Do you think the police were fair in what 0 9 10 they did? VENIREPERSON NO. 1: Well, at the time, I 0 11 didn't think they needed to tase him; and I was wanting 0 12 13 them to let me try to talk to him to calm him down; but they wanted me to stand back. And it was just a hard time [) 14 at that time. 15 MR. CALVERT: I understand. And then, with 0 16 respect to the fact that our office prosecuted your son, 0 17 18 is that something that you feel like is going to be a factor in your mind in hearing this case given the fact 0 19 that we're the same agency that prosecuted your son? 0 20 21 VENIREPERSON NO. 1: think so because I would look at this like a different I would hopefully not· 0 22 thing of someone else. It's just -- he had mental issues, 23 mood disorder bipolar, but not on any medicine; and he had 0 24 an argument his with girlfriend. [l 25 MR. CALVERT: I understand. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0------ ----------- ---- '-- ---------·- ------------ --2-9--2 ND -DrS TR:-I-C:T-- -C:OURT---------- -- ----------------- ----------------------- 0 n '\.-' . 103 1 VENIREPERSON NO. 1: They did what they 2 thought was best at the time. 3 MR. CALVERT: I understand. And ultimately, 0 4 5 the one question that we have to know from you is: you would you be able to treat police officers the same Can [J 6 as any other witness? 7 VENIREPERSON NO. 1: Yes, I would treat them 0 8 with respect and listen impartially. [} 9 MR. CALVERT: Okay. And could you -- are 10 you coming in here -- am I coming in here as a prosecutor 0 11 in Brazos County at a disadvantage in your mind because of 0 12 13 the fact that we prosecuted your. son? VENIREPERSON NO. 1: No, you would not be. 0 14 MR. CALVERT: All right. Thank you. That's 15 all I have. D 16 VENIREPERSON NO. 1: I just wanted to say 0 17 18 what happened. THE COURT: Thank you. You can take your 0 19 break now. VENIREPERSON NO. Okay. 0 20 21 THE COURT: 1: Stay with us. 0 22 (Venireperson No. 1 retired to hallway.) 23 THE COURT: No. 5. 0 24 MR. CALVERT: Earl, we'll stipulate on this D 25 guy. He was pretty clear. DENISE C.PHILLIPS, CSR f( OFFICIAL COURT REPORTER -h/~- - - - --- ----------- --------·-----·---···--- -2·9-2-ND--BI-STRTCT-CC::>URT----~ --------·---- ------------ ··· -····-····-- ---- 0 n 104 o. 1 MR. GRAY: What's that? 2 MR. CALVERT: No. 5, we'll stipulate on him. 0 3 He was pretty clear. 0 4 5 MR. GRAY: THE COURT: Okay. You agreeable? n 6 7 MR. GRAY: THE COURT: Yeah, t_hat's fine, No. 5, for the record is excused Judge. 0 8 for cause. [1 9 (Venireperson No. 5 excused for cause.) 10 THE COURT: No. 17. n 11 THE BAILIFF: Do you want me to tell that to u 12 13 No. 5? THE COURT: Yes, No. 5 is excused. He can 0 14 leave the courthouse. 15 No. 17. tJ 16 (Venireperson No. 17, Michael Lee Holt, at D 17 18 bench.) THE COURT: Hello, Mr. Holt, how are you 0 19 today, sir? 20 VENIREPERSON NO. 17: I'm doing good. Thank 0 21 you. 0 22 THE COURT: There was something you wanted 23 to bring up privately? 0 24 VENIREPERSON NO. 17: Yes. 0 25 THE COURT: More privately, anyway. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER D--- --- --- - --- ------ - ----2-7-2-NB-B-I-S!f-R-I·G.o:I'---eGURT------------------- ------ ----- ------- --- - - -------- [J 0 105 0 1 VENIREPERSON NO. 17: Yes. Well, the 2 question was whether I'd had a bad experience or -- with 0 3 law enforcement, and I've had three. 4 THE COURT: Okay. G 5 VENIREPERSON NO. 17: And all of them were '0 6 when I was younger. n 7 8 THE COURT: VENIREPERSON NO. 17: All right. When I was a teenager [} •/ 9 and going to college at Tarleton State University, and I 10 was going through a little town called Dublin. We had to n 11 go through Dublin to get to Proctor where the dance hall [} 12 was. And I had two other friends with me, and I had a 13 pickup. I had loud pipes on it, and the police officer 0 14 stopped me outside of the city limits. He and his deputy 15 asked us to step out of the car. He said leave it 'Q 16 running. He got in and floorboarded my truck, and 0 17 18 THE COURT: In the interest of time, we may need to get the details on this later; but let me just 0 19 jump cut to the chase on this. Are those three 20 incidents, are any one of them going to render you in any 0 21 way unfair to the State in this case? u 22 23 VENIREPERSON NO. 17: THE COURT: I don't think so. Are you holding any bad feelings 0 24 about that against law enforcement? 0 25 VENIREPERSON NO. 17: DENISE C.PHILLIPS, CSR No, I think I'm a f'( OFFICIAL COURT REPORTER -l::::f--------------------- ----------------~-----------------2-7-2-NB--DTSTR-I-CT-C0URT--------------------------------------------------- o 106 1 pretty good judge of characteri but I will have to say 2 that every time I get stopped, which is not very often, I 3 flinch a little bit because I never know what I'm goipg to } 4 get. 5 THE COURT: I understand. And you mentioned } 6 that you had a few problems with the Fifth Amendment, as I 7 recall -- no J 8 VENIREPERSON NO. 17: No. 9 THE COURT: -- the prior conviction, that 10 you might hold that against him on the guilt/innocence 11 issue of the case on trial? 12 VENIREPERSON NO. 17: It would -- 13 THE COURT: Can you assure me that you would 14 not let that influence you in the guilt or decision? 15 VENIREPERSON NO. 17: I think it would 16 depend on how it was presented. For example, I mean, I 17 know what the law is saying, that he's innocent until 18 proven guilty. 19 MR. GRAY: We'll agree. l 20 THE COURT: Do we have an agreement? u 21 MR. CALVERT: We do. J 22 THE COURT: We're going to excuse you for 23 cause, sir. Mr. Holt, you're free to leave the 24 courthouse. You do not have to return. Thank you very 25 much. .J DENISE C.PHILLIPS, CSR J-- -- ----- ~- ----- -------- -- - - ----- --~-~-~~~~~~I-~~-~~~T~~~~~~ER__ --- ---·--------- -- ---------- ·--- J I 107 J r. 1 VENIREPERSON NO. 17: Thank you. 2 {Venireperson No. 17 excused by agreement.) \ 3 THE COURT: No. 22. 4 MR. GRAY: Which one was that? 5 THE REPORTER: 17. 1 6 THE COURT: Mr. Holt, No. 17. 7 {Venireperson No. 22, Brent Keith Parker, at 1 8 bench.) 9 THE COURT: Mr. Parker. 10 VENIREPERSON NO. 22: How are you? 11 THE COURT: How are you, sir? 12 VENIREPERSON NO. 22: Fine. 1 13 THE COURT: The prosecutor may have some ) 14 questions for you right now. 15 MR. CALVERT: I don't, Judge. 16 THE COURT: Do you have any questions? 17 MR. GRAY: Yes. It's Mr. Parker; is that 18 right? 19 VENIREPERSON NO. 22: Yes. ') 20 MR. GRAY: Okay. Whenever the prosecutor J 21 had gone through the Fifth Amendment rights, I believe you ~ l 22 had indicated that you had some tendency to want the 23 defendant to testify -- 24 VENIREPERSON NO. 22: Yes. 25 MR. 'GRAY: -~ for whatever. Is that still DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER r. --- -- ---- - --- --------------------------------2 7·2ND--niSTR-r-cT---coURT·--------------------··------- -------------------- l 108 1 your position? 2 VENIREPERSON NO. 22: That's always been my 3 position. 0· 4 5 in way -- MR. GRAY: Would that affect your decision D 6 VENIREPERSON NO. 22: Yes, it will. 7 THE COURT: I'm going to excuse you for [l 8 cause. You're free to leave the courthouse. You do not o· 9 have to return. 10 VENIREPERSON NO. 22: That's just always 0 11 been one of my pet peeves. 0 12 13 your candor. THE COURT: I understand. Thank you for 0 14 MR. CALVERT: Thank you, Mr. Parker. 15 (Venireperson No. 22 excused for cause.) 0 16 THE COURT: No. 24. 0 17 18 bench.) (Venireperson No. 24, David P. Mcintyre, at 0 19 THE COURT: How are you doing, Mr. Mcintyre? 20 0 21 VENIREPERSON NO. 24: THE COURT: I'm fine. Pretty good. Back to -- and, And you? 0 22 again, I don't have any problem with your feelings. I 23 just need to know how you feel. All right? 0 24 VENIREPERSON NO. 24: I understand. 0 25 THE COURT: That you would have trouble not DENISE C.PHILLIPS, CSR _Q ___ ------ ------------_______o:~-~-~-~~~~-~~~~~T~~~~:~~R ____________ ---------- 0' 0 109 D-. 1 holding the prior conviction against him on the question 2 of guilt or innocence on this case. D 3 VENIREPERSON NO. 24: I'm not going to say 0 4 5 it won't affect me. I mean, again, it gets back, if it were a felony that were not related to this case, I' think 0 6 the bearing would be less. I'm just trying -- I want to 7 be honest to him, and I want to be honest to both sides. [l 8 I still feel like if I heard the facts, I could still make 0 9 a honest conviction on the facts. 10 THE COURT: But I need to understand that 0 11 you can assure me that it would not affect you on the 0 12 13 decision. Now, you're going to be asked to find 0 14 whether he was convicted or not. 15 VENIREPERSON NO. 24: Correct. D 16 THE COURT: If you find that he was 0 17 convicted, is that going to influence you on the decision 18 of the actual case itself? [J 19 VENIREPERSON NO. 24: I think I could make 0 20 21 myself do that. THE COURT: Okay. Do you have any 0 22 questions? 23 MR. CALVERT: No, sir. 0 24 THE COURT: Do you have any questions? 0 . 25 MR. GRAY: Just a couple. DENISE C.PHILLIPS, CSR Q_._.·__ ---· -------·----·----0-~·~·~-;~~~:r-~·~~~~T~~~~-~~-ER______________ 0 } 110 l THE COURT: Go ahead, sir. 1 l- . 2 MR. GRAY: I notice that you said that you J 3 could "make an honest conviction." I don't know if that was a Freudian slip or -- } 4 5 VENIREPERSON NO. 24: Well, an honest 'l lJ 6 decision maybe should be the correct one. J'---~----7- -·----····--··-·-------- MR. GRAY: Okay. And it ' s -- and I 8 understand we can't get into the facts just like the 9 prosecutor said. 10 VENIREPERSON NO. 24: I understand that, 11 too. 12 MR. GRAY: But if it would affect your 13 ability in any way to serve on this jury, then we need to 14 know about that. 15 VENIREPERSON NO. 24: Correct. 16 MR. GRAY: so, you would not hold it against 17 him whatsoever if they first proved beyond a reasonable 18 doubt he's been convicted? You would not then let that go 19 into your thinking as to the possession? 20. VENIREPERSON NO. 24: Yes, sir. 21 MR. GRAY: That's correct? 22 VENIREPERSON NO. 24: I mean, I understand 23 because a lot of time you work with people that don't 24 necessarily -- you have to separate the action. Kind of 25 like with your kids sometimes, you separate actions. DENISE C.PHILLIPS, CSR l. ,- -- · -- ·----- OFFICIAL COURT REPORTER -----·-------------------------2 72ND-D-:r-STR-I-cT--COURT----·----------·· -------- ··---------·------ ~ 111 J ..., . I 1 MR. GRAY: Absolutely. l- 2 THE COURT: Thank you for your candor. Step J 3 outside, and you can go ahead and take your break. ~ 4 (Venireperson No. 24 retired to hallway.) u 5 THE COURT: No. 30. 'j u 6 MR. CALVERT: What was her issue, Judge? 7 THE COURT: Failure to testify. J 8 MR. CALVERT: Earl, I'll agree if you'll ~ 9 agree. 10 MR. GRAY: Yes. That's good. ~ 11 THE COURT: No. 30 is excused by agreement ~ II 12 for cause. !J 13 (Venireperson No. 30, Sharon Alice Moorer at 0u 14 bench.) 15 THE COURT: Madam, the parties have agreed ~ 16 to excuse you. You're free to leave the courthouse. You u~ 17 do not have to return. You're Juror No. 30i is that 18 correct? ll u 19 VENIREPERSON NO. 30: Right. 20 ~ THE COURT: Thank you very much. l, 21 VENIREPERSON NO. 30: I thought I had R 0' 22 questions to answer. 23 (Venireperson No. 30 excused by agreement.) ~ 24 THE COURT: No. 48. 57 is so far back. Do n 25 you want to just agree on that one? u DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~---- - ----- --~---------~------~------z-7:2-ND--IJI-STR-I-eT--CCH:JRT---------~----- ----------- J 112 MR. CALVERT: Yes, sir. J. 1 2 MR. GRAY: Yes, sir. J 3 THE COURT: 57 is excused. ~ 4 {Venireperson No. 57 excused by agreement.) ~ 5 THE COURT: Can we agree on 53? ~ II u 6 MR. CALVERT: I was about to say, Judge, 53, 7 also. ~ 8 THE COURT: 53 is excused for cause. n \· 9 {Venireperson No. 53 excused by agreement.) a ·• 10 THE COURT: Ernie, you can go ahead and !l llJ 11 excuse for cause Juror No. 53 and Juror No. ·57. Those are ~ 12 agreed upon. 13 {Venireperson No. 48, Jeffrey Matt Watson, ~-j 14 at bench.) 15 THE COURT: Come on up, sir. How are you? ~ 16 Mr. Watson? ~ 17 VENIREPERSON NO. 48: Yes, sir. 18 THE COURT: You had an issue you wanted to ~ 19 bring up to us a little more in a private ·setting, right? il 20 VENIREPERSON NO. 48: Yes, sir. I wanted to u 21 let y'all know that I had an arrest for DWI about 15, 16 ~ 22 years ago. I just wanted to let y'all know. 23 THE COURT: That's a misdemeanor. It ~ 24 doesn't legally ?isqualify you to serve as a juror. ~ 25 Do you have any questions? DENISE C.PHILLIPS, CSR ~--------------- __________________o~!~~~~~r~~~~~T~~~~-:~E~--------------------- ------------ 113 1 MR. CALVERT: Do you feel like you were 2 treated fairly by the police? 3 VENIREPERSON'NO. 48: I do, yes. 4 MR. CALVERT: And by the D~A. 's Office or 5 the County Attorney's Office? J 6 VENIREPERSON NO. 48: Yes. 7 MR. CALVERT: Okay. Is there anything about J 8 that case that would play any role in your decision in 9 this case? 10 VENIREPERSON NO. 48: No, not at all. n u 11 MR. CALVERT: That_'s all I have, Judge. 12 THE COURT: All right. Stay with us. Go 13 ahead and take the rest of your break. 14 (Venireperson No. 48 retired to hallway.} 15 THE COURT: So, we have agreed, for the 16 record, on 4, 5, 17, 22, 30, 53 and 57. 17 MR. CALVERT: And I don't know if we were on 18 the record earlier, 31 as well, Judge. Ms. Frederick, was 19 gone before we started. 20 THE COURT: Yes, 31 is Ms. Frederick. 31 is 21 excused. 22 All right. Y'all take a five-minute break, 23 and we'll get started again. 24 MR. GRAY: Yes, sir. 25 MR. CALVERT: Yes, sir. DENISE C.PHILLIPS, CSR ~---- ----- ----~----------------~~-~-~-~~~~1-~~~-~~T~~~~:~~~--------------- - - - - - - - - - - 114 J 1 (Short recess.) 2 THE COURT: You ready? 3 MR. GRAY: Yes, sir. 4 THE COURT: Bring them in, Ernie. 5 (Venire panel reseated.) 6 THE COURT: Y'all notice we've got a few 7 empty chairs. We've excused some of the jurors during the 8 break after we talked to them. Here are the jurors that 9 have been excused so far, that there should be an empty 10 chair, but there should be no other empty chairs: No. 4, 11 No. 5, No. 17, No. 22, No. 30, No. 31, No. 53, and No. 57. 12 Other than those, do any of you see a vacant chair that 13 shouldn't be vacant? J 14 All right. I believe we've got everybody, 15 then. Let me ask you, the court reporter has requested J 16 that y'all keep your voices up. She's having a little 17 trouble hearing a couple of you, so keep your voice up if J 18 you would, please. J 19 (Venireperson No. 30 excused by agreement.) 20 THE COURT: Go ahead, sir. 21 MR. GRAY: Thank you, Judge. 22 VOIR DIRE EXAMINATION BY MR. GRAY 23 MR. GRAY: Well, I apologize if you're not 24 one of those empty chairs. I'll see what we can do. 25 The prosecutor has already introduced me. I DENISE C.PHILLIPS, CSR ~ I OFFICIAL COURT REPORTER ,--- -·---- ·------------·----- -272ND-IJ-ISTR-rCT-COURT---------~--- ---------- l 115 J_ 1 want to tell you a little bit more about myself. My name 2 is Earl Gray. I'm with Gray, Granberry and Jones. We 3 specialize in criminal cases. We do some select injury 4 cases, but primarily we do criminal law. 5 Actually, I was raised in the Brenham area, 6 went to Texas A&M University, graduated and then went to 7 Regent University Law School. That's in Virginia Beach, 8 Virginia. Has anybody heard of the "700 Club" or "Pat 9 Robertson?" It's his school. Okay. 10 Just as the prosecutor indicated, at this 11 point, if you had to take a vote, what would it be? 12 VENIREPERSONS: Not guilty. 13 MR. GRAY: Not guilty. Because at this 14 point, he's only accused. Okay. David Greer is only 15 accused. This is the first time we've had an opportunity 16 to test the evidence in the case. Okay. 17 Let me ask you this -- and I'm going to do 18 my very best to get you out of here by lunch. Okay. So, 19 I'm going to speed up on some things, but I don't want to 20 rush over things that are important as well. 21 Who .out there would rather be somewhere 22 else? 23 (Show of hands.) 24 MR. GRAY: I probably shouldn't raise my ~ hand because this is what I do for a living. But we're 25 DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~--~ - - - - - - - - - - --- --- ---2-7-2-ND-BI-ST-RI-C-T-GG:U-R-T-~------------· ------------- --- - - - - - - ~------------------------------------------------------~ 1 116 1 going to get you out of here as soon as we can today. 2 And if you are selected, we don't anticipate 3 this is going to be a very long trial. As the Judge 4 indicated and the Prosecution, you know, Wednesday, maybe 5 Thursday. So, a day, day and a half is probably about it. 6 Okay. 7 As the prosecutor also indicated, you're J 8 only decision is going to be guilt/innocent. You're not 9 going to have to be around -- stick around for any of the 10 punishment phase, if we get there. Okay? 11 Now, after the Prosecution's voir dire, who 12 out there, though -- you need to be honest with 13 yourself ~- who out there believes that Mr. Greer has been 14 convicted of a felony? All that talk about a felony 15 conviction. Anybody? 16 VENIREPERSON NO. 11: Well, I would make the 17 assumption I was making the assumption that the case 18 would not have been brought up had that not been the 19 foundation already established. 20 MR. GRAY: Okay. And I'm not going to pick 21 directly on you-all -- and I don't fault the Prosecution. J 22 I think it's just kind of the way it sort of went. But 23 does everybody understand that there's 'been no evidence ~ 24 that's he's been convicted of any felony? Does everybody 25 understand that? 'l . DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER l --- ·- -----·-- -·---------'------------2-7-2ND-D-IBTR-I-CT-C0URT------------------- --·--- ------- 1 0 117 0- 1 Does everybody also understand that's an 2 element of the offense? Okay. And so, if they do not 0 3 prove beyond a reasonable doubt that the person is 0 4 5 convicted of a felony -- of a felony, what must your verdict be? 0 6 VENIREPERSON NO. 8: Not guilty. 7 VENIREPERSONS: Not guilty. 0 8 MR. GRAY: That's even before we get to D 9 possession stuff. Does everybody understand that? 10 Anybody have any problem with that? 0 11 VENIREPERSONS: No. B 12 13 MR. GRAY: All right. Okay. I want to talk a little bit 0 14 about the burden of proof. I use this chart, and I'll 15 kind of point to I don't want to step on the 0 16 Prosecutor. It's sort of a gradation. You know, we don't 0 17 have a definition anymore for beyond a reasonable doubt. 18 The court system has said that -- and the cases have said 0 19 that we're going to leave it up to you guys to decide what 20 that level of proof is. So, about all we can do is 0 21 compare it to other things. Okay? 0 22 At the very bottom, of course, no evidence. 23 That's a pretty easy one, right? If they bring no 0 24 evidence, what does the verdict have to be? Not guilty 0 25 obviously. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER 0----- ---·· ----------------------:--2-7-2 NB--DI-S'I'R-I-eT-e0URT--------------------- ----------------- D 0 118 0- : 1 2 Scintilla, you hear that in legal case law, that's any amount of evidence. G 3 Reasonable suspicion, that's a higher level 0 4 5 of proof. That's enough -- that's what an officer needs to stop a vehicle, talk to you, things of that nature. 0 6 Probable cause. Probable cause is a level 7 of proof that an officer needs to arrest a person. Okay. [J 8 Doesn't need beyond a reasonable doubt. Doesn't even need 0 9 a preponderance. Okay. But they do have to have probable 10 cause. Okay. 0 11 But does an arrest equate to a guilty 8 12 13 verdict in a jury trial? VENIREPERSONS: No. 0 14 MR. GRAY: It doesn't. And can you see u 15 16 you know, arrested. sometimes, you know, an individual may be For example, in DWis, this happens sometimes. 0 17 A person is arrested. They go to jail. Then, we have a 18 jury trial. Okay? Maybe the person is found guilty. 0 19 Maybe they're acquitted. But at that point, isn't the 20 focus a little bit different on the streets? 0 21 Wouldn't we want the level of proof in a DWI 0 22 to be beyond a reasonable doubt before you could arrest 23 somebody? No, we wouldn't. We want to get th~m off the B 24 streets, right? We want to ~rr on the side of caution. 0 25 Does everybody see that? Okay. DENISE C.PHILLIPS, CSR _Q_ --·--- -- - ----·---· _____________2-7->2-NB-B-I-S-'r-R-I-e-T--eeURT'----------+------ 0 n 163 0-- 1 the indictment. And then the lawyers give their opening 2 statements. That's Stage 2. G 3 Opening statements are just their 0 4 5 opportunity to kind of give you a road map, an overview of the case so that when the pieces start to come in, they 8 6 either fit or they don't fiti and you'll have an overview 7 to kind of know in advance what's coming to you. n 8 The third part of the trial is the D 10 9 presentation of evidence. They present their witne~ses, The Sta'te gets to go first. and Defense cross-examines. D 11 And then the Defendant, if he chooses to, can put on 0 12 13 evidencei and the State has an opportunity to cross-examine. Then it goes back to the State. They can 0 14 put on what's called rebuttal witnesses and then back over 15 to the Defense, and they can put on sur rebuttal I1 16 witnesses. So, sometimes_it goes back and forth two or ' -:u 17 three times befo-re each side rests and closes their case. 18 Once that happens, that completes Phase 3 of -0 19 the trial. 20 Phase 4· is the Court's Charge. You'll be D 21 given a copy of the Court's Charge. That's-the law of the 0 22 State of Texas, and I'll read that to you word-for-word, n 23 24 and you'll hear the law. And then, finally, the last phase is the 0 25 jury arguments of the attorneys. Both sides have a chance DENISE C.PHILLIPS, CSR r;_--------t============O::F::::F:.:I:.:C:::I:::A::L~C:::O_::U_:::R:::T::::R::::E:_:P:O:R:T::E=R===:z=====1 -'.6( _______ 2'i'2ND DTS.TRLCT__COURT , _- - - - - - 0 0 164 ~J 1 to sum up their case and try to persuade you to their side 2 of it. o· 3 So, those are the five stages of the trial. 4 Let me read now these other instructions 0 5 beginning in the middle of Page 4. a 6 7 (Instructions read by Court.) THE COURT: We'll start in the morning at D "r 8 8:30; and we'll go until about noon and stop at noon, take D 9 10 at least an hour for lu_nch. And then, we '11 come back at 1:15 or so or 1:30 and begin the afternoon. ·o 11 We usually give like one break in the 12 morning, sometimes two, and usually two, sometimes three [J 13 breaks in the afternoon. So, those breaks are, like, ten D 14 minutes. Sometimes they turn into longer than that. You 15 might want to bring a book to read or something if you're D 16 sitting doing nothing for 20, 30 minutes. Those things 0 17 18 happen during trials, ladies and gentlemen. We will supply some note pads for you and 0 19 writing instruments so you can take notes during the 20 trial, if you choose to do so. There are rules that D 21 control how you can use those notes in the deliberation 0. 22 phase of the trial, but you're welcome to take notes if 23 you desire to. D 24 If any of you get under any pressure or 0 25 stress of any kind, like a panic attack -- we have had DENISE C.PHILLIPS, CSR -8----------· -------------------------0---:~-~~-~~A~~r~~~~T~~~~~~-E __R__________________ _ 0 D 165 [J 1 that happen -- or need to go to the bathroom or any kind 2 of health situation, just raise your hand. We'll stop the B 3 ·trial and let you leave and go recover or whatever you 4 need to do. A 5 This trial will probably be over -- could be B 6 over late tomorrow; but my guess is probably Thursday. 7 So -- and I can't guarantee you won't go into Friday, D 8 although that's not expected. We will certainly be D 9 10 through this week. Anything from either side before we excuse 0 11 the jury for the afternoon? MR. CALVERT: No, Your Honor. 0' 12 13 MR. GRAY: Nothing from the Defense, Judge. 0· 14 THE COURT: All right. Ladies and 15 gentlemen, y'all are now excused. Go with Ernie, and io 16 he'll show you how to come into the jury room tomorrow, .. D 17 18, and we'll see you at 8:30. (Jury retired.) -~ 19 THE COURT: Anything else to take up this 20 afternoon or now? 0 21 MR. GRAY: I think we're good on this side, 0 22 Judge. 23 MR. CALVERT: This doesn't have to be on the 0 24 record. \. 0 \. 25 (Off-the-record discussion.) DENISE C.PHILLIPS, CSR ~D-- OFFICIAL COURT REPORTER -----------------2-7-2-N-D-Il-I-.£-'I'-R-IG-T-GGYR-'I'------·--------- 0 0 166 [\ 1 MR. CALVERT: And just to educate the Court, 2 this case began with essentially a traffic stop. A [lJ 3 vehicle the Defendant was driving and his girlfriend was n 4 5 in the vehicle with him. They both at the time had warrants, active warrants for their arrest for burglary of -~ \~' 6 a habitation. That was the reason for the stop. l)' 7 The officers were looking for them to Q 8 execute thos~ warrants. After the stop was made, they [l 9 arrested the Defendant and his girlfriend. During an 10 inventory search is when the gun was found. It's our -- '0 11 THE COURT: Where was the gun found? 0 12 13 tr~k MR. CALVERT: It was in the Defendant's in the backseat in a jacket pocket. --- 0 14 THE COURT: Who was driving? 15 MR. CALVERT: The Defendant was. 0 16 THE COURT: All right. 0 17 18 MR. CALVERT: At this point, we are not going to illicit any evidence as far as what the warrants 0 19 were for, what type of offense they were for or anything 20 like that. I have certified copies of both warrants. 0 21 THE COURT: What were they for? ~ u 22 23 MR. CALVERT: Burglary. That case ended up never being prosecuted, but they are for burglary. 0 24 THE COURT: All right. a I .!::J 25 MR. CALVERT: I will be offering both of DENISE C.PHILLIPS, CSR -0-~--- OFFICIAL COURT REPORTER ----------------2-7-2ND-D-I-£'I!-R--I-G-T-GG-U-R-'r;.---------- - - - - 1 1 - - - - - - 0 167 1 those warrants for record purposes only, not for the jury. \ . _.· 2 THE COURT: Were those cases just refused 3 for prosecution or dismissed? ' 4 MR. CALVERT: I don't know if they were 5 declined if they were ever even submitted for pro~ecution. i. 1' 6 ~-was a B~yan ~D case. It never went anywhere. \ 7 THE COURT: Do you have any objection to all 8 of that? 9 MR. GRAY: No, Judge. I mean, if there's 10 you know, there may be some procedural evidentiary, you 11 know, hearsay, that kind of thing; but I'm not going to 12 object to -- you know, if they're going to limit it to 13 just the warrants 14 THE COURT: The warrants, the mentioning of 15 the warrants 16 MR. GRAY: Then, yeah, I think that's fine. 17 THE COU~T: Okay. 18 .''- MR. GRAY: Judge, I have filed a timely f9 suppression he~ring. I'm not requesting that we have a 20 separate hearing. , 21 THE COURT: We'll carry it along by 22 agreement, and I'll rule on it whenever you ask me to. 23 MR. GRAY: Okay. 24 MR. CALVERT: Judge, the only other.issue 25 THE COURT: What is the basis of that DENISE C.PHILLIPS, CSR ~------ ~~--~- ------~~-----~---------~-0-~!!-~~-~~~:E-~~~!~T~~~~-:~~~R~--------~--~----~ ----~- } 168 1 motion? 1-- . 2 MR. GRAY: The suppression hearing, a couple ~ J 3 of things. The basis of the stop, Judge. ~ 4 THE COURT: The basis -- so, the reasonable 5 articulable suspicious, the stop. } 6 MR. GRAY: Yes. The basis for the stop. 7 And then, also, the basis for the search. I believe the r :y' 8 testimony [\ 9 THE COURT: Inventory search. u 10 MR. GRAY: -- will be that it was an ~ 11 inventory search, right, not a search incident to arrest. THE COURT: Why do you contend that a -- if ~~ 12 13 there's a warrant out for them, and they arrest both of l 14 them, there wouldn't be an inventory search? 15 MR. GRAY: Oh, there would be, Judge; but u 16 they're also required to follow their policy. r J . 17 18 THE COURT: MR. GRAY: Okay. So, there may be some questions ~ ij 19 on that. 20 THE COURT: Okay. I understand. Now, are ~ CJ 21 you going to want to do some of that outside the presence R 22 of the jury when the time comes; or is it all going to be u 23 okay in the presence of the jury? ~ 24 MR. GRAY: I think it's all going to be ~ 25 fine, just that urging, .after they close their case so as J DENISE C.PHILLIPS, CSR ~~--() OFFICIAL COURT REPORTER __ -------------------2---'7-2-N-tl--IH-S-'f-R-I-G--T-80UR-'I'--- .l J 0 169 fl-- 1 to protect- the record. 2 THE COURT: All right. G 3 MR. GRAY: And I think we're fine. 4 MR. CALVERT: Judge, the only other 0 5 potential evidentiary issue I know of right now is, 8 6 obviously, it's an element of the offense that we have to 7 prove that the Defendant is a convicted felon, that he is 0 8 at least within five years of his discharge from [] 9 supervision or incarceration. 10 I talked to Earl, and I guess you still 0 11 don't know whether y'all are going to stipulate 12 MR. GRAY: I don't think we can. 0 13 MR. CALVERT: Okay. 0 14 MR. GRAY: So, you.'li probably need to prove 15- that up. 0 16 MR. CALVERT: Okay. Just to kind of give - . - .. 0 17 18 the Court a heads-up, in case there's any other objection we can take it up now if we need to. We're going to prove 0 19 up through a Judgment that the Defendant was convicted of 20 possession of methamphetamine in Grimes County in 1997 for 0 21 which he- received a 4 0 -year sentence. And so, we're going [J 22 to have to put that in in order to satisfy that elemental u 23 24 retirement that he's within of his discharge from supervision. ~- at least within five years 0 25 THE COURT: You put in 40 years? DENISE C.PHILLIPS, CSR -0~------- -------------------0~~-~-~-~~~~~~~~~~~~~g_:~'----E_R_____________ _ D 170 l _MR. C~LV~R'J': I think h_ave to, Judge, J-. 1 w~ 2 THE COURT: You got any objection to that? ~ J 3 MR. GRAY: I •m sure I will at least under, ~ 4 you know, 403. i'u 5 THE COURT: All right. ~ 6 MR. GRAY: Unduly prejudicial, but I d 7 understand -- ~ 8 THE COURT: But if it•s an element of the ~ 9 case, I don•t see that I have an:y option. u 10 MR. GRAY: No, but I guess it depends on ~ 11 what all is contained in the Judgment. You know, 12 sometimes we have issues; and I'll -- I don•t -- I don't ~ ii J 13 think it's going to -- this was a jury trial; but if we•ve ~ i 14 got a revocation and things of that nature, some of that u 15 stuff may need to be excised. I don•t ~ u 16 THE COURT: All right. R 17 MR. GRAY: :t donTt--Ehirik that th.at.is u 18 necessarily J 19 MR. CALVERT: Well, I will say just kind of n 20 in that regard, and we can do this tonight or this u 21 afternoon just so it's ready to go in the morning, ~ 22 contained in the certified copy of the Judgment, that case u 23 was also a 25-to-life case. So, there's two enhancement l~ 24 paragraphs that are listed in the Judgment. ~ 25 And assuming you don•t have any objection to ~ DENISE C.PHILLIPS, CSR r OFFICIAL COURT REPORTER ~ 272ND DISTRICT COU~T J 1 2 us redacting those because that's what he was convicted of on the two prior cases, and we will redact that so that 171 \ 3 all the jury will see is just the one case, the possession 4 of methamphetamine and the 40-year sentence. 5 THE COURT: Now, what -- tell me -- explain 6 the law to me, again, on this five-year thing. What do 7 you have to prove? What is that element? 8 MR. CALVERT: We have to prove that either 9 you're still -- still on supervision of some kind or that 10 it hasn't been more than five years since you've been off 11 supervision. 12 THE COURT: Okay. 13 MR. CALVERT: So, you're at minimum within 14 five years. There's another way to do it, too. You can 15 possess a firearm in your home after five years, but you 16 can't possess it somewhere other than your home. But the - ·- ... ---- -· . - --· -· - . -· .... l 17 paragraph of the statute that applies in the case is you u 18 have to be at least within five years of your discharge n u 19 from incarceration or some type of supervision, whichever 20 comes later. So, obviously, if you're still on 21 supervision, that qualifies as long as you've been finally 22 convicted. 23 THE COURT: All right. That's fine. 24 Now, on the charge, are we going to have any 25 issues therei or is it pretty cut and dried? DENISE C.PHILLIPS, CSR ~ OFFICIAL COURT REPORTER ~--- _ ~--~- ---~~--~------~-----222ND~D.IS.TRI.CT--COURT---~---------- ------------ J '1 172 J n 1 MR. CALVERT: I think it's pretty !J 2 straightforward as far as that goes. J 3 MR. GRAY: Yeah, I don't see any kind of 4 lesser includeds or anything at this point, _Judge. So ~ 5 MR. CALVERT: No, sir. ~ 6 THE COURT: No lesser included because 7 you're not going to try to claim you don't have a previous ~ 8 conviction? 9 MR. GRAY: Well, I'll probably.try to argue, u 1() but I'm going to see how the -- ~ 11 THE COURT: So, if you produce a scintilla 12 that you haven't been convicted, there could be a lesser J 13 included? 14 MR. CALVERT: Well, I don't think so, Judge, u 15 because if he's not convicted, it's not a crime to possess ~ 16 it. I mean, you can have a gun -- -- ~ 17 THE COURT: What about unlawful unlawful 18 carrying of a weapon is not a lesser included? ~ 19 MR. CALVERT: Not in your car. 20 MR. GRAY: Not .:._- yeah, not -- ~ 21 THE COURT: When he's traveling. ~ 22 MR. GRAY: Not as of this date. And that 23 would have been -- J 24 MR. CALVERT: It's 2012. You don't even ~ 25 have to be traveling anymore. They did away with that. DENISE C.PHILLIPS, CSR OFFICIAL COURT REPORTER ~--------- 2 7 2ND · DIS_TRLCT____CO.URT J l J 173 You can just carry a gun in your car now. l-- 1 2 MR. GRAY: That's true. ~ J 3 THE COURT: Really? I didn't know that. ~ 4 MR. GRAY: Yeah. 5 MR. CALVERT: Yes, sir. ~ 6 THE COURT: I might just put mine in. ·7 MR. GRAY: It. makes no sense, I think, to ~ 8 get a concealed carry permit because the places that you ~ 9 can't take it into, you still can't take it. 10 THE COURT: Oh, I agree. ~ 11.. --· MR. CALVERT: Well, you can and we can, because Judges and Prosecutors can; but other people ~ 12 13 can't. J 14 THE COURT: Well, now, in order for a Judge ~ 15 to do it, we've got to have a concealed to carry, though, il u 16 don't we? n 17 MR. CALVERT: No, that's what I'm saying. ~ ,\ 18 Judges and Prosecutors have specialized -- this doesn't· ~ 19 have to be on the record. 20 (Off-the-record discussion.) ~ 21 THE COURT: All right. We'll see y'all at ~ 22 8:3 0 0 No other motions in limine for either side? 23 MR. GRAY: No, Judge, the only issues that I ~ 24 can see as far as the limine is going to be with his ~ 25 priors; and I think we're going to -- we'll handle that on DENISE C.PHILLIPS, CSR ~-------- ----·-·---------------0-~~-~~~-~~T~~~~~T~~;g=~"=~~E__R_______________ - - - - - - - - - 1 n 174 1 our own. We'll approach. 0---, 2 THE COURT: All right. D 3 MR. CALVERT: Yeah. We have no intention -- 4 obviously, if he doesn't testify, we have no intention of 0 5 going into any priors other than the one that we're 0 6 required to going into for the element. 7 THE COURT: Okay. We'll see y'all in the 0 8 morning. 0 9 10 (Evening recess.) 0 11 12 0 13 0 14 15 0 16 0 17 18 0 19 20 0 21 0 22 23 0 24 0 25 DENISE C.PHILLIPS, CSR -0--------_____________________,o~~~~~~:E-~~~~~T~~~~~E_R _____________,_______ 0 175 0 1 THE STATE OF TEXAS 0-- 2 COUNTY OF BRAZOS 0 3 4 I, DENISE PHILLIPS, Official Court Reporter in and for D 5 the 272nd District Court of Brazos, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence B 6 and other proceedings requested in writing by counsel for the parties to be included in this volume of the 7 Reporter's Record in the above-styled and numbered cause, D 8 all of which occurred in open court or in chambers and were reported by me. D 9 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if 10 any, offered by the respective parties. 0 11 I fu~ther certify that the total cost for the preparation of this R~orter' s Record is $ ~~~e.o and was 0 12 paid/will be paid by ~Y"'~1...0~ Q.c~ . \ 13 WITNESS MY HAND AND OFFICIAL SEAL this the 3rd day of 0 14 May, 2013. 0 !)~~~ \)Q,u~.o) 15 16 D 17 Texas CSR 6482 Official Court Reporter 272nd District Court D 18 19 Brazos County, Texas 300 East 26th Street, Ste. 204 Bryan, Texas 78703 0 20 Telephone: Expiration: 979-361-4221 12/31/13 0 21 22 0 23 24 CERTIFIED 0 25 TRANSCRIPT Q___- ~------ --------------~----"D""-'E,._,N"'-'I,.._,S_E_C_._PHILLTPB_,_CSR__________________ OFFICIAL COURT REPORTER 2·72ND DISTRICT COURT 0 D State v. David Duane Greer 11/13112 Vol 3 108/2 108/6 108/10 108/15 113/16 157/8 157/14 157119 157/23 I58/2 9:00 o'clock [I] 18/5 1 - ' - - - - - - - - - - - - i 114111 158/13 158116 158/21 159/5 159/9 fo=:9~=3~o'-'-r~:I1_:.::18::.:15'--------; 0-- . - p·o""8'-'-r~:tl'--'-"I2""3:..:.11-=-2------i23 1121 13/IO 13115 13/19 13/23 1 - / - - - - - - - - - - ; I411I5 I411I8 f'-'/s'-'r""':ll~I7'-=5"-'/1"'-5--------i24 [24) 55/7 55/I I 55/16 55/21 159/11 159115 159116 159117 I3/25 I5/20 I5/25 I6/5 I6/7 56/3 I69/25 40-second (1) I53112 40-year (2) 169/21 I7114 A 1-----------i abide (2) 8I/17 152/11 ability [6) 61124 62/2 10119 55/25 75/25 76/4 76118 77/I 77/4 403 [1) I70/4 I I0/13 I41/I I I51125 1-~----------; 99/9 I08/16 108117 108/20 108/24 41 (5] 31125 90/20 157/5 159/13 able [11) 7/24 9/8 19/12 47/9 79/1 10 (14) 29/129/4 29/6 29/10 57/6 109/::i 109115 109119 110/5 110/10 159/18 83/25 103/5 122/16 138/22 148/19 6114 61/13 61/15 75/13 132/3 ·110/15 J-10/20 ]-I0/22 11114 42 (10] 31117 31!21 65/22 65/23 -I55/20 - 132/4 132/8132/10 132/17 24007265 [1) 2/10 65/25 66/9 84/24 85/18 86/11 about (204] 10-13-00049-CR (1) 1/4 24036308 (1) 2/4 90/17 above [4) 1/15 123/I 1 175/5 IOO [I) 63/10 24077302 [1) 2/5 4221 [2) 1124 175/19 175/7 I03 [I) 2111 25 (14) 54/7 54/10 54/15 54116 43 (4) 83/15 90/5 143/6143/9 above-styled [1) 175/7 11 [24) 28/18 28/20 34/20 34/23 54/17 54/20 54/22 55/1 55/3 55/5 4320 (1) 2/7 above-titled [1) 1/15 0 35/4 36116 37/8 37112 37/23 38/3 55/9 55/10 55/15 161/10 38/6 62/18 62/20 63/2 63/7 64/7 25-to-life [I) 170/23 75/14 85110116/16 119/6 119110 26 (12) 51/22 51/25 52/4 52/7 44 (5] 83/1 83/3 83/5 83/7 83/12 absolute (1) 82/16 45 [2) 82/23 90/3 46 [2) 43112 43/15 absolutely [11) 60/25 62/19 62/25 63/4 63/10 70119 82/18 84/20 120/6 121110 135/3 52/13 52123 53/2 53/5 53/13 53/16 47 [4) 69/22 69/24 7117 71110 86/18 111/1 129/17 0 12 [31) 7/13 7/15 8/1 10/24 17/6 53/20 54/4 28115 3011730/2133/25 45/3 45/5 26th [3) 1/23 2/6175118 45/1145/1445/1845/2046/3 46/7 27 (2) 51/15 51117 4759 (1) 2/12 48 [16) 69/2170/6 70/18 811I4 81115 82/495/1199/911I/24 Abstract [1) 14/1 access [4) 47115 47/15 66/4 131117 46/10 46/13 46/23 47/4 47/8 67/16 272 [I) 1/3 112/13 112117 112/20 I13/3 Il3/6 Accident [1) 20/5 0 75115 98/21122/7 122/7 130112 136/12 136/19 162/13 12/3I/13 [1) 175/20 13 [11) 3/2 4/2 5/2 27/24 28/3 272nd (4) I/8 1/22 175/4 175/17 28 [4) 51/6 5118 51/10 89/25 29 [4] 50/25 5111 51/4 89/23 3 S 113/10 113/14 49 131 57/21 58/1 58/3 accord [I) 125/3 accusation [1) 5/5 accused [9) 9/8 11/6 83110 86/22 115/14 115/15 133/25 135123 0 28/7 28/9 28111 4511 75/16 175/20 so [2) 58/8 58/11 158/23 13th [I) 1/14 30 (40) 17/24 32/20 48/1 48/5 50s [I) 7/19 acquitted [I) 118/19 14 [16) 27/21 29119 29/20 29/22 48/7 48/10 48/12 48/14 48116 51 (4] 58114 119/10 119/I1 across [3) 49/25 120/2 139/3 29/25 30/3 30/6 30/8 30/11 40/5 48/18 48/25 49/5 49/8 49/15 49/20 119/14 action [I) 110/24 43121 43/25 44/8 44/16 47/14 49/23 50/3 50/7 50110 50113 50/15 53 [12) 93/2 93/3 93/5 93/10 99/9 actions [1) 1.10/25 0 75117 15[13]15/517/1527/927/11 27/1427/1744/1944/2373116 50119 88/10 88112 89/10 89/19 112/5 112/6 112/8 112/9 112/11 99/9111/5111111111/13111/17 113/16114/11 111119111121111/23113/16 active [1) 166/5 activity[l]I47/19 54[17)58/1858/195811958/20 actua1[3]18/350/5109/18 73118 75118 98/24 112/21 114/11 114/19 142112 153112 58/22 59/2 59/13 85/4 85/5 95/18 actually (16) 6114 7/9 7/18 24/13 0 IS-minute [3) 98/25 99/5 99/11 16 [4) 42/2443/5 80/6112/21 164/16 300 [3) 1/23 2/6175/18 17 [35) 43/8 68/3 68/4 68/9 77I 13 31 [4) 113/18 113/20 113/20 95/22 95/25 96/3 96/10 141125 142/5 I42/8 57 [8) 95/15 99/10 111/24 112/3 37/1 45112 56117 66/13 115/5 123/25126/11 126/I8 137/18 139/10 139/11 148/24 78/678/1578/2078/2479/579/8 114111 112/4112/11113/16114/q add[1) 62118 0 80/1 80/3 95/2 95/4 99/8 104110 310 (1] 2/6 104/15 104/16 104/20 104/24 105/1 105/5 105/8 105/22 105/25 136/20 32 (5) 80/9 80/10 80113 80/19 59 (2] 7117 7/18 5:00 [2) I25/9 125/II 5:00 o'clock (1] 18/7 address [2) 78/11 86/11 addressed [1) 64/12 addressing (1] 66/13 106/_8 106/12J06l!5 1.07/L 107/2. 3235 [-1)2/-12 -5:05111-12-5/-12- - - -admonition [1) 5/18 0 107/5 107/6 II3116 114/11 18 [8) 34/13 34/16 68/12 68/15 68/18 68/21 69/2 69/11 IS-year-old [1) 60/22 33 (4) 32/4 32/9 32/15 80/22 34 [I] 80/24 35 (3) 32/24 33/2 81/1 36 (9) 33/7 33/9 33/11 33/13 6 60 [11) 7116 62/6 62/8 93/11 advance (I) I63/7 advantage (2) 75/22 811I2 advice [1) 126/6 93/12 93117136113 136/14 142/1 advise (1] 138/12 19 (5) 33/18 33/20 34/8 69/16 40/16 40122 40/24 41/3 81/3 142/5 142/8 advised (1) 84/25 0 69/18 1997 [I) 169/20 1:15 [I) 164/10 36Ist [I] 135111 37 [9) 41/7 41/12 41115 41/18 41/2241/24 92/24 140/17 141/2 6482l:U 1/22 175116 7 affect [7) 21111108/4 109/4 109/11110/12141110151124 affiliation [2) 140/15 14113 1:30 [I) 164/10 38 (22) 42/4 42/10 42/16 62/14 70 [I) 7/17 afraid (3) 84/18 86/9 91/7 0 1s Ill 15/14 2 92/11 92117 143/5 143/15 150/6 700 [1) 115/8 150110 150113 150115 150117 77803 [2) 1/23 2/7 1-------,-,-,---,---,-...,.,.----,-i 151/3 151121 152/2 152/4 152/13 77803-3235 [1) 2/12 after [14) 7/25 8/1 16/11 25/2 25/23 26/22 66/7 97/2 114/8 116/11137/6 166/8168/25 171/15 20 (14) 12/2i I2/23 17124 34/6 152/20 152/25 153/7 153/8 78703Jll 175/I9 afternoon [6) 15/6164/10 164113 0 57/9 96/15 96/16 96/19 96/21 97/3 39 [34) 42/19 91/3 92/8 97/6 9717 8 129113 129117 136/18 164/16 2009 [I) 100/11 97/12 97118 137112 137114 137/17 138/3 138/6 138/16 138/24 143/5 88 [I) 32/16 165111 165/20 170121 afterwards (1] 139/ [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4061908. Public record. Not legal advice.