# Carr, Thomas Raymond

> Court of Appeals of Texas · August 13, 2015

URL: https://www.frixlaw.com/law-library/cases/4065663

## Case

- **Court:** Court of Appeals of Texas
- **Decided:** August 13, 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/4065663

## Opinion text

-.

JOANNA STATON
District Clerk
BELL COUNTY, TEXAS
BELL COUNTY JUSTICE COMPLEX
1201 Huey Road • P. 0. Box 909 • Belton, Texas 76513
(254) 933-5197 • Fax (254) 933-5199
Joanna. Staton@ co. bell. tx. us • www. bellcountydistrictclerk. org
This document contains some
pages that are of poor 4uality
August 12, 2015 at the time of imaging.

ABEL ACOSTA
CLERK OF CRIMINAL APPEALS

\RECE~VED ~ij\ij
P.O. BOX 12308
AUSTIN, TX 78711
!COURT OF CRIMINAL APPEALS
NO: 57558-D 61 I(~ 1 ') 2015

EX PARTE

THOMAS RAYMOND CARR

•.·.~
DEAR MR. ACOSTA:

ENCLOSED PLEASE FIND THE ORIGINAL TRANSCRIPT IN THE ABOVE ENTITLED
AND NUMBERED CAUSE.

IF WE CAN BE OF FURTHERASSISTANCE, LET US KNOW.

SINCERELY,

~-

••• ,:,o·
• Postconviction Writ of Habeas Corpus

Cause No. 57558-D

.1
EX PARTE
THOMAS RAYMOND CARR

In the Judicial Courts

VS Of

The State of Texas Bell County, Texas

Delivered to the Court of Criminal Appeals, Austin, Texas on the 12th day of August, 2015 .

• Joanna Staton
District Clerk
Bell C unty, Texas

Filed in the Court of Criminal Appeals, Austin, Texas on the _ _ day of _ _ _ _ __
2015 .

•
• Ex Parte
THOMAS RAYMOND CARR
Application for Writ of Habeas Corpus

TRIAL COURT WRIT NO. FR 57558-D

CLERKS SUMMARY SHEET
APPLICANTS NAME: THOMAS RAYMOND CARR
(As reflected on the Judgment)

OFFENSE: AGGRAVATED SEXUAL ASSAULT
(As reflected on the Judgment)

CAUSE NO: FR57558
(As reflected in Judgment)

SENTENCE: THIRTY (30) YEARS TDCJ;ID
(As described on Judgment)

PLEA: (X) GUlLTY ( ) NOLO CONTENDERE ( ) NOT GUlLTY

•
TRIAL DATE: 11/21/2006
(Date upon which sentence was imposed)

JUDGE'S NAME: HONORABLE JUDGE MARTHA J TRUDO
(Judge Presiding at Trial)

APPEAL NO: N/A (If Applicable)

CITATION TO OPINION: N/A S.W.2d _ _
(If Applicable)

HEARING HELD: YES X NO
(Pertaining to the Application for Writ)

FINDINGS & CONCLUSIONS FILED: _ __,X:...!___ _ YES _ _ _ _ NO
(Pertaining to the Application for Writ)

RECOMMENDATION: GRANT_DENY__ NONE _x_DISMISS
(Trial Court's recommendation regarding the Application)

JUDGE'S NAME: HONORABLE JUDGE MARTH J TRUDO
(Judge Presiding at Habeas Proceeding)

•
No. 57558-D

• EX PARTE

THOMAS RAYMOND CARR
X

X

X
IN THE 264TH DISTRICT COURT

JUDICIAL DISTRICT

BELLCOUNTY, TEXAS
I

INDEX
VOLUME PAGE

Clerk's Report.............. ;................................................................................................... I
J
Index .................... :........................................................................................... ~......... II

Applicant's Petition................................................................................................... 1

State's Answer........................................................................................................... 272

Motion to Enter Proposed Findings of Fact and Conclusions of Law....................... 274

Findings of Fact and Conclusions of Law of the Court............................................. 276

Clerk's Certificate that Record is True and Correct.................................................. 280

•

•
FILED
• COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR A WRIT OF HABEAS CORPUS ZD 15
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
AUG -4 AH II: 02

INSTRUCTIONS

1. You must use the complete form, which begins on the following page, t lie an
application for a writ of habeas corpus seeking relief from a final felony conviction
under Article 11.07 of the Code of Criminal Procedure. (This form t.s not for death-
penalty cases, probated sentences which have not been revoked, or misdemeanors.)

2. The district clerk of the county in which you were convicted will make this form
available to you, on request, without charge.

3. You must file the entire writ application form, including those sections that do not
apply to you. If any pages are missing from the form, or if the questions have been
renumbered or omitted, your entire application may be dismissed as non-compliant.

4. You must make a separate application on a separate form for each judgment of
conviction you seek relief from. Even if the judgments were entered in the same
court on the same day, you must make a separate application for each one.

•
5. Answer every item that applies to you on the form. Do not attach any additional
pages for any item.

6. You must include all grounds for relief on the application form as provided by the
instructions under item 17. You must also briefly summarize the facts of your claim
on the application form as provided by the instructions under item 17. Each ground
shall begin on a new page, and the recitation of tbe facts supporting the ground shall
be no longer than the two pages provided for the claim in the form.

7. Legal citations and arguments may be made in a separate memorandum that
complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000
words if computer-generated or 50 pages if not.

8. You must verify the application by signing either the Oath Before Notary Public or
the Inmate's Declaration, which are at the end ofthis form on pages;ll and 12. You
may be prosecuted and convicted for aggravated perjury if you make any false
statement of a material fact in this application.

9. When the application is fully completed, mail the original to the district clerk of the
county of conviction. Keep a copy of the application for your records.

10. You must notify the district clerk of the county of conviction of any change in
address after you have filed your application .

•
FILED
• Case No. _ _ _ _ _ __
(The Clerk of the convicting court wi 11 till this I ine in}O 15 AUG -4 AH II: 02

APPLICATION FOR A WRIT OF HABEAS CORPtfS-=,t-~~F
SEEKING RELIEF FROM FINAL FELONY CONVICT!
lJNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: Thomas Raymond Carr

DATEOFBIRTH:~OS~/~14~/~19~6~7 ______________________________________

PLACE OF CONFINEMENT: Texas Department of Criminal Justice, Hughes Unit, Route 2
~

Box 4400 Gatesville Texas 76528

TDCJ-CID NUMBER: ->
• GROUND FOUR:

Applicant could not enter a voluntary and knowing plea due to his incompetence at the time

of his plea hearing. Applicant was being treated with 1200 rng of Seroquel at the time.

FACTS SUPPORTING GROUND FOUR:

I. At the time of Applicant's plea, an unnamed medical provider was dosing Applicant with

1200 mg daily of an antipsychotic drug, Seroquel. The Texas Uniform Health Status

Update shows that Applicant was prescribed 200 mgT g. am., which means one 200 mg

does before noon, and 200mg TTTTI q.h.s, which means five 200 mg doses at bedtime.

See Exhibit 16 and the list of medical abbreviations in Exhibit 17.

The prescribed amount far exceeds the 800 mg daily recommended maximum dosage in the

literature. The literature indicates that side effects of the drug could include dizziness,

drowsiness, altered mental status, confusion, and other potential complications. These

• severe side effects are for the recommended dosage at a maximum of 800 mg daily.

Applicant was receiving 1200 mg daily. See Exhibit 16 and 17. _ _ _ _ _ _ _ __

2. Frank Pugliese, Ph.D, a forensic psychologist, appointed by the trial court a_QQarcntly on

Montgomery's request, determined Applicant incompetent. Dr. Pugliese found that

Applicant was delusional and hallucinating to the point that it resulted in impaired

judgment and ineffective communication with Montgomery. According to Pugliese,

competency restoration included adjusting his medication needs. The adjustment would be

appropriately addressed in a psychiatric facility. See Exhibit 18.

3. The trial court ordered Applicant to be committed to North Texas State Hospital. The

order included assessing whether he could be restored to competency and if he had a

mental illness. Joseph Black M.D. at the facility eventually sent a report indicating that

Applicant's competency was restored. Joseph Black M.D. See Exhibit 19 .

• 10
IJ
• Dr. Black's report does not indicate that he ever interviewed Applicant after the initial

admission. Instead, B. Thomas Gray, Ph.D., a psychologist, did the entire evaluation. He

found Applicant to be malingering. At the same time, he says that it is "quite

important" for Applicant to take his psychoactive medication. He also states that it is

unclear whether Applicant needs the medication to maintain trial competency. It was at

this facility that Dr. Black switched Applicant from a previous antipsychotic medication to

800 mg daily of Seroguel. See Exhibit 19 .

•

• 11
)8
• GROUND FIVE:

Applicant could not have been found guilty under the aggravated sexual assault statute

because no "date rape" drug was administered.

FACTS SUPPORTING GROUND FIVE:

1. Applicant was indicated for aggravated sexual assault with one of the aggravating

factors being the administration of a "date rape" drug to the alleged victim. See Exhibit II

2. The legislative history of the statute makes it clear that Methamphetamines are not

included as an aggravating factor and are not defined as "date rape" drug. See

Memorandum of Law.

3. The Metroplex Hospital Records of the victims show that NO "date rape" drug was

found in their systems. Additionally, the statements ofthe victims and of Tammy

Bishop show that no one was administered a "date rape" drug. See Exhibit I and

• Exhibit 9.

-----------------------------···--·-

• 12
• GROUND SIX:

Applicant could not have been found guilty under the aggravated sexual assault statute

because he did not "act in concert" with Tammy Bishop.

FACTS SUPPORTING GROUND SIX:

I. Applicant was indicted for aggravated sexual assault with one of the aggravating

factors being that he acted in concert with Tammy Bishop. The statute provides that

Applicant must I) cause the penetration of the anus ofthe victim and 2) act in concert

with another assailant who causes the penetration of the anus of the same victim. See

Exhibit II.

2. The legislative history of the statute indicates that this aggravating factor was added for

"gang rape" situations. The history shows that the intent was to stop multiple rapists

situations. See Memorandum of Law .

• 3. After obtaining the statements of the alleged victims and of Tammy Bishop, it is clear

that there were not multiple rapists, here. The only rapist was Tammy Bishop. She was

the only person to have sex with any of the victims. She was the only person to have

actual physical contact with the victims by dildoing them in their anuses. See Exhibit __L

• 13
• GROUND SEVEN:

Applicant was threatened with repeated prosecutions because he exercised a legal right.

FACTS SUPPORTING GROUND SEVEN:

I. Applicant was almost certainly loaded up with 1200mg of an extremely strong

medication.

2. The Prosecutor had an "under-the-table" deal with Tammy Bishop, the wife, to which

he would never admit, even to the point of lying to the trial court.

3. Applicant's attorney heavily pressed Applicant to plead guilty to the bizarrely written

indictment based on the threats of successive prosecutions against Applicant and,

falsely as it turned out, Applicant's wife. The successive prosecutions were never going

to take place.

4. The Prosecutor admitted Applicant was concerned about his wife during the

• proceedings, but intentionally left the question about what would happen to

Applicant's wife unanswered. Mr. Kimball knew that would happen to the wife,

Tammy Bishop, but did not tell Applicant that she was not going to be prosecuted for

any sexual assault crimes .

• 14
16
• WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT

RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEDDING.

VERIFICATION

This application must be verified or it will be dismissed for non-compliance. For
verification purposes, an applicant is a person filing the application on his or her own behalf. A
petitioner is a person filing the application on behalf of an applicant, for example, an applicant's
attorney. An inmate is a person who is in custody.

The inmate applicant must sign either the "Oath Before Notary Public" before a
notary public or the "inmate Declaration" without a notary public. If the inmate is represented by
a licensed attorney, the attorney may sign the "oath Before a Notary Public" as petitioner and then
complete "Petitioner's Information. A non-inmate applicant must sign the "Oath Before a Notary
Public" before a notary public unless he is represented by a licensed attorney, in which case the
attorney may sign the verification as petitioner.

A non-inmate non-attorney must sign the "Oath Before a Notary Public" before a

• notary public and must also complete "Petitioner's lnfonnation. An inmate petitioner must sign
either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration"
without a notary public and must also complete the appropriate "Petitioner's Information.

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF COR YELL

~vft. ~; J-
f ,
being duly sworn, under oath says "I am
the applicant /~cfrcle one) in this action and know the contents of the above
application for a writ of habeas corpus and, according to my belief, the facts stated in the
application are true.

f-P
SUBSCRIBED AND SWORN TO BEFORE ME THIS 3 DAY OF August 2015.

J~AM.a(~
•
,4:~.::::.~;;.. _ SfiAINA R. MEDFORD
£~,.~_,.:.. % Notary Put> lie. Stole or Texas Signature ofNotary Publ1c
\';.1-"....:;,'f My Comm1ssion Exp1res
'•.::.:i·;::::.·•'' February 20, 2019

15
• PETITIONER'S INFORMATION

Petitioner's printed name:
.-.-
J l ('{\Q4 fv\~ Tesch
.,.J.)...I..~.LI.:l=-:o.0-'..:0~--------
State Bar Number, if appl icable:_lq.:...l.C(j..a.
.

Address: ~· 0 .1::?at- ·:;t=S'5
Go-+tSVl \le, Tx lloCS 'Z 1\

Telephone: dC:Sl\- ~lo 5- 0~3)3
Fax: \- d "5L\~ J 3\- :?S?;Y

INMATE'S DECLARATION

[, _ _ _ _ _ _ _ _ _ _ _ _,am the applicant I petitioner (circle one) and

• Being presently incarcerated i n - - - - - - - - - - - - - ' declare under penalty of

Per:jury that, according to my beliet~ the facts stated in the above application are true and correct.

Signed on _ _ _ _ _ _ _ _ , 20_

Signature of Applicant I Petitioner (circle one)

• 16
11
• PETITIONER'S INFORMATION

Petitioner's printed name:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Telephone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

Signed on _ _ _ _ _ _ _ _ _ , 20 __

Signature of Petitioner

•

• 17
FILED
• CAUSE NUMBERS 57,558-A and 57,557-A 2015AUG-4 AHIJ:03

EX PARTE §
§
§ DISTRICT COURT
§
THOMAS RAYMOND § BELL COUNTY,
CARR TEXAS

MEMORANDUM OF LAW CONCERNING COMPETENCY, INEFFECTIVE
ASSISTANCE OF COUNSEL, KNOWING AND VOLUNTARY PLEA,
CONSTITUTIONALITY OF STATUTE, AND OF ACTUAL INNOCENCE

Applicant presents this memorandum of law. He states that all facts alleged in this
document and all legal authority cited are fully incorporated into the
Application for Writ of Habeas Corpus. The Exhibits List, containing three
pages and indicating twenty-five exhibits, is fully incorporated into this

• memorandum of law and into the Application for Writ of Habeas Corpus .
Pursuant to T.R.A.P. 73 the word count for this Memorandum of Law is 3,561 and
for the Exhibits List is 738 words. The total word count is 4,299 words.

I. APPLICANT NEVER HAD A PROPER COMPETENCY HEARING
BASED ON TEXAS LAW

ISSUE PRESENTED: If a defendant was heavily over-medicated, had been
previously declared incompetent to stand trial, and was found competent solely on
a hospital doctor's report- after said doctor never interviewed the defendant- in
declaring defendant competent to stand trial, may defendant plead guilty to a
crime?

I. Applicant can seek relief through habeas corpus if the court does not hold a
proper competency hearing. Ex parte McKenzie, 582 S.W.2d 153, 154 (Tex.
Crim. App. 1979). The appropriate remedy is a remand for a retrospective
hearing if possible. Ex parte Ridley, 658 S.W.2d 177, 178 (Tex. Crim. App.
1983 ). Applicant is entitled to relief where he was (1) denied effective

•• Page 1 of 15
• assistance of counsel at a competency hearing, (2) the competency
hearing was improper for some reason, or (3) the trial court erroneously
failed to hold a competency hearing. Ex Parte Garrett, No. WR-75,447-
01, 2011 WL 2382572 (Tex. Crim. App. June 8, 2011) cited because it
lists cases holding that the proper relief is a retrospective competency
hearing, if possible. Huff v. State, 807 S. W.2d 325 (Tex.Crim.App.l991 );
Hawkins v. State, 660 S.W.2d 65 (Tex.Crim.App.l983)(vacated on other
grounds, 494 U.S. 1013; 110 S.Ct. 1313; 108 L.Ed.2d489; 1990)); Brandon
v. State, 599 S. W.2d 567 (Tex.Crim.App.1980)(vacated on other grounds,
453 U.S. 902, 101 S.Ct. 3134,69 L.Ed.2d 988 (1981)); Garcia v. State, 595
S.W.2d 538 (Tex.Crim.App.1980); Callawayv. State, 594 S.W.2d440
(Tex.Crim.App.l980); Caballero v. State, 587 S.W.2d 741
(Tex.Crim.App.1979); Ex Parte Winfrey, 581 S. W.2d 698

• · (Tex.Crim.App.l979).

a. Applicant's trial counsel, Montgomery, objected to a restoration to
competency at what was entitled "Motion on Competency". It was
heard on March 24, 2006. He objected to the North Texas State
Hospital Report. See Exhibit 2. Transcript Vl P 95 through 99.
However, Applicant's trial counsel failed to request a separate
hearing, which could be in front of a Jury, if requested.

b. The Honorable Martha Trudo found Applicant competent based
solely on the report from Dr. Black. See Exhibit 2. Transcript Vl-
97. Lines 7 through 11.

c. If a defendant objects to the finding of competency that is based
solely on the report, then the issue shall be set for a hearing before

• Page 2 of 15
• the court, except if requested, it shall be before a jury. T.C.C.P.
46B.084.

d. Applicant would then have the opportunity to question the North
Texas State Hospital doctors, Dr. Black and the psychologist, Dr.
Gray, who authored most of the report. See Exhibit 19. Applicant
could then present evidence of 1) the medication being prescribed
and its effects on him, and 2) incompetence.

e. Despite Applicant taking large doses of medication and his prior
incompetence, the trial court at the plea hearing simply asked
applicant "Do you believe you are mentally competent to proceed
to court today." See Exhibit 5. Plea and Sentencing Hearing
Transcript Vl-8, Line 10 .

• f. It is baffling that trial counsel had strongly objected to Dr. Black's
report and the circumstances around it, and then states that
Applicant was somehow competent at the plea hearing. In the
court-ordered affidavit, Montgomery responded to Applicant's
concern for psychiatric medication affecting his plea by "trashing"
Applicant. Exhibit 12, page 6.

g. Here, despite Applicant taking large dosages of medication and
Applicant being found competent based solely on the report from
Dr. Black, the trial court simply asked applicant "Do you believe
you are mentally competent to proceed to court today." See Exhibit
5. Plea and Sentencing Hearing Transcript Vl-8, Line 10.

h. The trial court was required to hold a trial on the issue of return to

•
competency because 1) the trial court based its competency rut i ng .

Page 3 of 15

91
• solely on the final report of Dr. Black , 2) trial counsel, Charles
Montgomery, objected to the report, and 3) Montgomery failed to
request a hearing.

2. In order to convict a defendant of a crime he must be competent to stand
trial. A defendant catmot make a knowing and voluntary plea if he is on too
much medication at his plea hearing. A defendant must be able to understand
the indictments and the statutes related to the crimes for which he is charged.
The standard for determining whether a defendant is incompetent to stand
trial, states:

(a) A person is incompetent to stand trial if he does not have:
( 1) sufficient present ability to consult with his lawyer with a
reasonable degree of rational understanding; or

• (2) a rational as well as factual understanding of the proceedings
against him.
(b)A defendant is presumed competent to stand trial and shall be found
competent to stand trial unless proved incompetent by a
preponderance ofthe evidence. TCCP sec. 46B.003.
3. In sum, based on the statutes and rules a defendant must be competent at the
time of his plea to be sentenced. Casey v. State, 924 S.W.2d 946; 949 (Tex.
Crim. App. -- 1996).

4. Applicant's trial counsel did not infonn Applicant of the charges and
proceedings against him because: a) the indictments do not make any sense,
when compared to the aggravated sexual assault statute, b) Montgomery did
not research the applicable law or inform Applicant of the law, c)
Montgomery does not even outline the Jaw as requested by the court and as

• Page 4 of 15
• requested in a June 14, 2014letter from habeas counsel. Instead, he rants
about everything under the sun, except the applicable law, in the court
ordered affidavit. In response to the June 14, 2014 letter, he provided a two-
page document that contained only the double jeopardy provisions of the
U.S. Constitution and Texas Constitution and the statute dealing with joinder
of certain offenses. T.C.C.P. Art.21.24. Montgomery says that he kept no
other research, and says he incorporated his research into his pretrial
motions. However, no research on law was cited in the pretrial motions.

II. DEFENDANT WAS PROSECUTED UNDER A STATUTE THAT
WAS CREATED FOR GANG-RAPE SITUATIONS INVOLVING
SPECIFIC "DATE RAPE" DRUGS

•
IssuE PRESENTED: If a defendant pleads guilty to conduct that was not meant to be
covered by the criminal statute, is the defendant entitled to relief in post-
conviction?

5. The following is a summary of the case law on aggravated sexual assault
involving "acting in concert" in gang rape situations. (The legislative history
is explained infra.)

a. In Miranda v. State, 391 S.W. 2d 302 (Tex. App.-Austin 2012, writ
refused), Miranda actually sexual assaulted the victim as a principal
actor. Other assailants sexually assaulted the victim, too. While the
case goes into an explanation of"the law of the parties" and "'acting in
concert", the defendant could have been convicted without the use of
the "law of the parties."

• Page 5 of 15
• b. In Moreno v. State, 04-12-04456-CR (Tex. App.-San Antonio, August
21, 2013), the defendant could have been convicted on multiple
theories without using the "law of parties."

c. In Arredondo v. State, 270 S.W. 2d 676 (Tex. App.- Eastland 2008,
writ rerd), Arredondo pled guilty to sexual assault, but not guilty to
aggravated sexual assault. The jury found him guilty of aggravated
sexual assault, because another assailant testified as to pleading guilty
himself to aggravated sexual assault. The court said that was proof of
"acting in concert," because no objection was made by Arrendondo's
trial counsel to the use of the other assailant's guilty plea to prove
"acting in concert."

• d. The court in Arredondo v. State, 270 S.W. 2d at 679 attempts to
define "acting in concert" through the use of legal dictionary
definitions. However, the definition of "law of the parties under"
Texas Penal Code Sec. 7.02 is essentially the same conduct required
for "acting in concert." This is double jeopardy.

e. If a double jeopardy claim is apparent on the face of the record, the
court can review a double jeopardy claim in a habeas corpus
proceeding. Ex Parte Denton, 399 S.W. 2d 540 (Tex. Crim. App.
20 13).

6. The Texas Aggravated Sexual Assault Statute, Tex. Penal Code Sec. 22.021
(1999) was intended to apply to "date rape" drugs only. Please seethe drugs

• Page 6 of 15
• defined in the statute. Also, the legislative history indicates that it applies
to date rape drugs only. TXB.An., S.B. 1100, 5/13/99.

III. APPLICANT COULD NOT HAVE BEEN FOUND GUILTY OF
DELIVERY OF A CONTROLLED SUBSTANCE WITHOUT THE
COOERCED PLEA

ISSUE PRESENTED: Can a defendant plead guilty to a crime, while over-medicated,
if the state could not have convicted the defendant in a criminal trial?

7. Based on the statements ofthe alleged victims and Tammy Bishop and on
the Metroplex hospital records, the State could not convict Applicant on the
delivery of a controlled substance charge. The State had no physical
evidence taken from the scene ofthe crime. The state simple had

•
uncorroborated statements of accomplices .

8. Absent any cmToborative evidence, possible statements from witnesses will
not prove a drug is Methamphetamine. Steele v. State, 681 S.W.2d 129
(Tex.App.- Houston [141h District] 1984, pet. ref' d). Bright v.State, 556
S. W.2d 317 (Tex.Cr.App.1977). In Steele, the defendant admitted that the
substance he sold to a police officer was cocaine. The chemist did not testifY
that the substance was cocaine. The court held that without other evidence
corroborating the police officer's testimony, such as a lab report, the State
failed to prove a material element of the offense. Steele v. State, 681 S.W.2d
at 131.

9. Here, Applicant was arrested at his home on July 9, 2004, twenty days after
the alleged incident based upon a search warrant. At the time of arrest,

• Page 7 of 15
• Applicant denied "providing drugs to the boys" and "denied injecting any of
them with Methamphetamine." At the same time, the police seized the items
in Exhibit 8. See Exhibit 21. The Bell County District Attorney's office
never provided Applicant's trial counsel or habeas corpus counsel with
Applicant's denial statements. The information was provided as a response
to a T.C.C.P.chapter 64 motion.

lO.According to the Bell County District Attorney's office, offense reports
show that potential illegal drugs were seized on July 20, 2004. See Exhibit
25. The offense reports have never been provided.

11. The affidavit for arrest for the delivery charge states that the incident
occurred on June 19, 2004. It states that statements were taken, a videotape
was reviewed, and the juveniles' parents say their children tested positive for
Methamphetamines. See Exhibit 7.

12.The affidavit for arrest on the aggravated sexual assault charge was filed
over six months after the alleged incident and sworn to by Detective Mike
Simmons. See Exhibit 21. He swears under oath to Judge Martha Trudo the
following "I have reviewed the medical records of all three boys, which
showed positive results for Methamphetamine." The accompanying sworn
complaint was signed by Detective Simmons and by Bell County Assistant
District Attorney, Mark KimbalL See Exhibit 21. They knew the
Methamphetamine information was false based upon the Metroplex Hospital
records. See Exhibit 9 .

• Page 8 of 15
• 13.Per Steele v. State, if you take away the statements of the accomplices, here,
who were not even police officers as in Steele v. State, you have no
corroborative evidence to prove delivery of a controlled substance. No drugs
were recovered at the scene of the alleged crime. Only urine tests were done
on the juveniles several days after June 19, 2004 at Metroplex Hospital. The
tests were potentially positive for Amphetamines, not Methamphetamines.
J M , to whom the Methamphetamine was allegedly delivered, was
taking an Amphetamine, Concerta, at the time of the urine test. While it
would not be corroborative evidence of delivery of Methamphetamine, the
State did not even have lab tests done on the items seized at Applicant's
home.

IV. TEXAS' AGGRAVATED SEXUAL ASSAULT STATUTE IS
UNCONSTITIONAL AS APPLIED DUE TO IT BEING
SUBSTANTIALLY OVERBROAD

lssuE PRESENTED: Can a defendant on huge amounts ofSeroquel plead guilty to
conduct that was not intended to be covered by the aggravated sexual statute by the
Texas legislature?

14.The Texas Penal Code has a confusing and tortured aggravated sexual
assault statute. Tex. Penal Code Ann., sec. 22.021 (West 2003 ).

a. In this case, the facts center on the two aggravation provisions alleged by
the Bell County, Texas District Attorney in the amended indictment as
they relate to the statute.

b. First the State has to prove" [a) person intentionally or knowingly
causes the penetration of the anus or sexual organ of a child by any
means." Tex. Penal Code Ann., sec. 22.02l(a)(l)(B)(i) (West 2003).After

Page 9 of 15

Q1
• proving these facts, the State has to prove the aggravating subsection of
the statute.

c. The first applicable aggravating subsection involves " administer[ s] or
provide[ s] ... rohypnol, gamma hydroxybutyrate, or ketamine to the
victim of the offense with the intent of facilitating the commission of the
offense." Tex. Penal Code Ann., sec. 22.02l(a)(l)(B)(i) and 2(A)(vi)
(West 2003). Applicant found no case law on the provision. The
legislative history of the subsection clearly indicates that the provision
only involves administering "date rape" drugs to the victim with the
intent of "facilitating" the commission of the offense. Crim. Justice, 8 ill
Analysis, Tex. S.B. 1100, 761h Leg., R.S. ( 1999).

1. First, a defendant has to "rape" the child. Next, the defendant has
to provide a "date rape" drug or a "mickey-if you will" to the child
with the intent of making it easier to rape the child. The "mickey"
has to be one of the defined drugs.

2. Based on the newly discovered statements of Tammy Bishop and
the alleged victims, no "date rape" dmg was involved in this case.
This aggravating subsection does not fit.

3. Clearly, in a "date rape'' drug scenario a defendant could be a pa11y
to the offense, under the law of the parties, and fit within the
statute. He could have provided a "date rape" drug or a "mickey-if
you will", to the victim. In this scenario, he could commit
'
aggravated sexual assault.

4. Charles Montgomery somehow had Applicant plead to this

•
aggravating factor, when no "date rape dmg" was administered .

Page 10 of 15
• d. The second applicable subsection involves 1) "act in concert" with
another rapist who causes the penetration of the anus of a child "directed
toward the same victim." Tex. Penal Code Ann., sec. 22.02l(a)(l )(B)(i)
and 2(A)(v) (West 2003). The Texas Penal Code does not define act or
acting in concert. The scant case law found attempts to use legal
dictionaries to define act in concert. None of the dictionaries defined it.
The cases turned to "concerted action" to interpret the '1:erm of art".
Black's Law Dictionary, P.262 (5th ed. 1979); Black's Law Dictionary,
concerted action (18c) (lOth ed. 2014).

1. Since the Texas Penal Code does not define "act[s] in concert", the
courts try to give the words their ordinary meaning. Since the
definition is not apparent after trying to give the words their
ordinary meaning, courts turn to the legislative history behind the
statute to determine legislative intent.

2. The "act in concert" provision was enacted in 1993 as part of a
fairly extensive change in the Texas Penal Code. Tex. S.B. 1067,
73rd Leg., R.S. (1993). Tex.HB 77 had a Bill Analysis provision
· giving a background of the bill that was incorporated into the final
bill, Tex. S.B.l067. Comm. on Crim. Justice, Bill Analysis, Tex.
HB 77, 73rd Leg., R.S.(I993). The legislative purpose ofthe bill
was to "clarify sexual assault as aggravated sexual assault if more
than one individual engages in conduct directed toward the same
victim at the same time". Several high-profile cases of"gang rape"
were part of the reason for the bill. For example, prior to the bill
becoming law, a gang of men could each rape the same women.
Each man could only be charged with sexual assault, unless she

• Page 11 oflS
• was threatened with serious bodily injury or some other factor,
such as use of a weapon.

3. This interpretation is further bolstered by the statute using the
words or terms "acts in concert with another [who engages in the
rape of the child] directed toward same victim" ... Tex. Penal Code
Ann., sec. 22.021 (a)(l )(B)(i) and 2(A)(v) (West 2003). The
legislature chose to use the words "same victim" in the statute. The
legislature inserted the words "same victim" in the statute.

15.Concerted action means "[a]n action ... agreed on by parties acting together
... , so that all involved are liable for the actions of one another.'' Black's
Law Dictionary 18c ( 101h ed. 2014 ); Concerted action (or plan). "Action that
has been ... agreed on and settled between parties acting together pursuant
to some design or scheme". See Accomplice. Black's Law Dictionary 289
(6 1h ed. 1990)Why? If one leaves out the word same in "same victim", then
the change would affect the meaning intended. That meaning is gang rape.

V. A DEFENDANT MUST MAKE A KNOWING AND VOLUNTARY
WAIVER OF HIS POST CONVICTION REMEDIES AND GROSS
INEFFECTIVE ASSISTANCE OF COUNSEL PREVENTS IT

ISSUE PRESENTED: Can a defendant on huge amounts of Seroquel waive his right
to post-conviction remedies even if his counsel was grossly ineffective, especially
in not obtaining discovery or putting minimal or no effort into a case with raised
competency issues?

16. The Court of Criminal Appeals, in a waiver of post-conviction habeas
corpus case, outlines knowing and intelligent waivers of post-conviction
remedies. Ex Parte Reedy, 282 S.W.3d 492 (Tex. Crim. App. 2009). The

• Page 12 of 15
• court found that the ineffective assistance of counsel claim under the Sixth
Amendment was of such a magnitude as to render the guilty plea
involuntary. Ex Parte Reedy, 282 S. W.3d at 499. The trial counsel was
alleged to have been unprepared to present any viable defense for the
applicant. Ex Parte Reedy, 282 S.W.3d at 500. The court also discussed
other claims that could affect a knowing and intelligent waiver of post-
conviction rights such as actual innocence based on new evidence, the
suppression of material, exculpatory evidence by the State, and ineffective
assistance of counsel. These claims may be based upon facts not within the
applicant's knowledge or comprehension despite due diligence and the
assistance of counsel at the time of the plea and waiver. Ex Parte Reedy, 282
S. W.3d at 498.

17 .The Facts mentioned above and in the Application show no rational juror
could have found Applicant guilty beyond a reasonable doubt or "actual
innocence". Also, the facts indicate despite due diligence, Applicant can
show relief based on suppression of evidence by the State and ineffective
assistance of counsel.

18.The following facts indicate suppression of material, exculpatory evidence
by the State that by its very nature could not have been discovered by
Applicant.
a. The Bell County District Attorney's office failed to provide witness
statements, or at least information from the statements that it had:
1. No ''date rape" drugs anywhere in the case;
2. No blood tests, or any test showing a positive result for

•
Methamphetamine, and in fact lied about it;

Page 13 of 15
• 3. No drug evidence recovered from the scene;
4. No evidence to corroborate the statements of accomplices that
Methamphetamines were delivered to J M and

b. The Bell County District Attorney's office provided false information or
flat out lied about:
1. Prosecuting Tammy Bishop for aggravated sexual assault, when Mark
Kimball, the Bell County Assistant District Attorney, had an under the
table deal to not prosecutor her;
2. Pursuing Tammy Bishop on numerous charges, when Mark Kimball
had no intention of doing so;
3. Having blood tests to confirm Methamphetamines in J M and
the other juveniles systems;

• c. The Bell County District Attorney fail to provide trial counsel with a
copy of a statement/infom1ation about Applicant denying delivering
drugs to the alleged victims at the time of his arrest.
d. Evidence discovered from trial counsel, Charles Montgomery, shows that
he had viable defenses, but failed to either follow up or understand them.
The following information has been discovered that he:
1. Did not show facts or law to counter the State's burden of
proof/evidentiary requirements for delivery of a controlled substance
and for aggravated sexual assault. The facts and law were there;
2. Failed to follow up on the absolute right to a competency hearing;

Applicant submits this memorandum of law to the court for review. Applicant
prays for any relief to which he is entitled. Applicant requests a hearing, and an

• Page 14 of 15
• explanation if possible as to why his claims should not be reviewed, especially in
light of the newly obtained evidence.

Timo y Tesch
SBN: 19808200
Tesch Law Firm
P.O. Box 255
Gatesville, Texas 76528
254-865-0313 (ph)
254-731-2584(fax)
teschlaw@gmail.com

• Certificate of Compliance

1, Timothy Tesch, certify that this Memorandum of Law contains 3,561
words and the Exhibit List contains 738 words.
words .

• Page 15 of 15
Exhibits

•
Incorporated By Reference Into the Application

Information and Facts Including 1) Trial Counsel's Notes and Documents
Provided to Applicant, 2) Bell County, Texas D.A. Documents That Show
Incorrect Sworn Affidavits and Exculpatory Evidence, and 3) Evidence of Mental
Incompetency

1. Statement of Tammy Bishop dated July 9, 2004. Statement of J M
dated July I, 2004 with November 4, 2005 crossed out and with initiaLs R.S.
Statement of S G dated July 8, 2004. Statement of C
V dated July 8, 2004. Note the statements of G and V say James
M. Simmons notarizes them, but the numbers on pages do not match the
notary information.

2. Part of Thomas Raymond Carr Motions (sic) on Competency heard on
March 24, 2006.

3. Part of Tammy Michelle Bishop Plea of Guilty hearing heard on November

•
30, 2005 .

4. Part of Thomas Raymond Carr Motion to Reduce Bonds hearing heard on
January 3, 2005.-

5. Part of Thomas Raymond Carr Plea and Sentencing hearing heard on
November 21, 2006.

6. Statement ofRobert 0. "Buck" Harris, Tammy Bishop's attorney.

7. Affidavit for Arrest and Complaint filed July 15, 2004 by Detective Mike
Simmons to arrest Thomas Raymond Carr for the June 19, 2004 delivery of
Methamphetamines to a minor, J M .

8. Notarized Affidavit of Daniel C. De Leon as custodian of the evidence
section for the Harker Heights Police Department dated July 17, 2014. An
evidence log is attached to the affidavit. The section labeled "Lab Analysis
Needed" is blank. This indicates no items were drug tested.

9. Business Records Affidavits from Metroplex Hospital dated November 1,
2006 for J M ,S G , and C V Some, but not

• Page 1 of3
Exhibits
Incorporated By Reference Into the Application

all, of the records are attached. The urine drug screen tests indicate positive
findings for amphetamines and THC.

10. 16 pages of drug testing information for Methamphetamines and
amphetamines.

ll.The indictment for aggravated sexual assault dated March 23, 2005. The
amended indictment for aggravated sexual assault that was amended on
March 24, 2006 by the trial court. Neither indictment tracks the statutory
language of the aggravated sexual assault statute.

12. CoU1t Ordered Affidavit filed by Charles Montgomery, trial counsel, in
Cause Numbers 57,557-A and 57,558-A on AprillO, 2013.

13.Acknowledgment of Receipt ofThomas Carr's File from Attorney Charles
Montgomery received by Tesch Law Firm on June 26, 2014. The receipt is
six pages. The documents sent by Charles Montgomery are attached in other
exhibits.

• 14.Two page Document from Charles Montgomery, trial counsel, showing only
research in his file. It consists of U.S. Constitution, Amendment V, Texas
Constitution Art.l.IO, and Texas Code of Criminal Procedure 21.13.

15 .Handwritten note from Charles Montgomery recommending the filing of an
interlocutory appeal.

16.Texas Uniform Health Status Update (with handwritten number of
#1403931). This document shows the current prescriptions being
administered to Applicant. Note the dosage of Seroquel (one tablet (200 mg)
before noon and five tablets (200 mg) before bedtime.

17.Rxlist, Medicinenet, and other literature. The medication that Thomas Carr
was taking rendered him incompetent to make a plea. The class of drug,
dosage, and side effects for Seroquel include an atypical antipsychotic and
the Max. dosage per day at 800 mg. Common side effects - drowsiness and
dizziness. Other side effect - altered mental state.

18.Report from court ordered examination with Dr. Frank A. Pugliese that was

•
filed with the trial court on October 7, 2005 .

Page 2 of3
Exhibits

•
Incorporated By Reference Into the Application

19.0ne page report from Joseph L. Black M.D. and five page report of B.
Thomas Gray, Ph.D. Both reports were filed with the trial court on March 6,
2006.

20. Affidavit for Arrest and Complaint filed July 15, 2004 by Detective Mike
Simmons to arrest Tammy Bishop for the June 19, 2004 delivery of
Methamphetamines to a minor, J M

21. Affidavit for Arrest and Compliant filed January 3, 2005 by Detective Mike
Simmons to arrest Thomas Carr for aggravated sexual assault.

22. Complete docket information sheet for State of Texas v. Thomas Raymond
Carr, Cause No. 57, 557, delivery of Methamphetamines to a minor, J
M .

23. Complete docket information sheet for State of Texas v. Thomas Raymond
Carr, Cause No. 57, 558, aggravated sexual assault.

24.Copy of June 6, 2014 letter to Charles Montgomery and of release of file to

• Charles Montgomery. The released asked for specific information .
Montgomery has the original signed documents. The copies are not signed.

25.Part of response by the Bell County District Attorney to Applicant's Chapter
64 motion .

• Page 3 of3
I,.
I

•

Exhibit 1
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. HARKER..• EIGHTS POLICE DEPARTMENl( QC./- ()/,f.!/7
State Of Texas ,,
Voluntary Statement - (N t 1 ,,'
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State's Exhibit No. 6, page 2 of 4
HARKER i.EIG

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State Of Texas -
Voluntary Statement - (Not under arrest)

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State Of Texas li!
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THE STAT[ OF TEXAS
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ORIGINAL
REPORTER'S RECORD
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VOLUME 1 OF 2
3 TRIAL COURT CAUSE NO. 57,557 and 57,558
4

5 THE STATE OF TEXAS IN THE loiSTRICT COURT~~
6 vs. OF BELL COUNTY, TEXAS ~-~
~
7 THOi'1AS RAYMOND CARR 264TH JUDICIAL DISTRit
8 \l:1
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MOTIONS ON COMPETENCY
11
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••
~

On the 24th day of March 1 2006, the
"l .)
-:>
following proceedings came on to be heard 1n the
1 'l above-entitled and numbered cause before the Honorable
3_5 Martha J. Trudo, Judge presiding, held in Belcon, Be 1~,,.

16 County, Texas:
•1
j. 7 Proceedings reporte d ·oy Lompu
~ t e rl· zeo· l'

••
12 right. State. ll
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MR. ODOM: Your Honor, for the Court's I'
-,.l_~' ,.
l
information, yesterday I accepted service for
J.S Mr. Garza's subpoena in this case. After meeting witl
1 - Mr. Montgomery, I was advised that he had intended to
~b

17 call Mr. Garza concerning office policy about the bac~
'
18 of the indictment in this case, that is, that the -- ~~t

19 the charging portion cf the indictment but the back ot

20 it contains the words "of a child" after aggravated
t

21 assault. M:r. Montgomery has complaine~ about that,

22 about including that.

23 I will s~ate to the Court right now we;
h it's not pacn
24 agreed to redact those words even thoug

25 of the indictment itself from the back of that

• Elizabeth A. Young, CSR, RPR
:I!

•. ----
1
-'- apprising the juJ~Y of the vJhole aggravated conduct
v l H2 y
;
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d~~;.
\,

: ..

2 the part of the defendant. The jury 1s going to he~t· 1 lt
~~d
")
..)
all, Judge. So if the jury is going to hear it all
l l I

4 sentence him for all of it, I want them bound by tha~·
I ~ ·;
5 verdict. :i;
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II·
0' Your Honor should know perhaps 11: wilw
7 make a lot of this go a lot easier, if we address th~:!
8 ugly fact that the heart of this crime is that his w1~e
;; ,,,~
\

9 dildoed ·three juveniles over the age of 14. He had 1nb
:it
.lij,.
lO hand in it except he filmed it. Now true, they can %. . ld
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,l.J_ him responsible under the law of parties for what shil
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---.
1 did.
\H
l3 They cannot as my motion to quash poJ.~~ts

'-'- Lj out without being in violation both of the Texas il
]_ 5 constitution, the United States constitution, double

l6 jeopardy clauses. They cannot then use the same fact"

1.7 which constitute him acting together with her under t e

18 la~ of parties to come along and say, oh, by the way,;

l9 that's also acting in concert and under the statute 11:.

.2 () · ·
e~evat:es t ne second
1
. d egree o fcense
L
~o
L t.cl· rst degree-
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the hook. She doesn't get prosecuted at all for [he\;' I'
ii
4 sexual assault for the rape of these juveniles. She~\$:
'i·:
5 in prison on a light sentence and they promised her
!·'

6 quick release which is another matter I;ll get to.
7I
MR. KIMBALL: Your Honor, I'm go1ng
p
u object. That 1s a lie.
9 MR. MONTGOMERY: She lS.

10 MR. KIMBALL: It's a lie before the
11 Court.
12 THE COURT: All right. Wait. One at

•• 13

J.L]
time. I want to first deal with this consolidat1on a. ·

joinder and as I look a~ 302 why should not I order
15 since it is apparently and I think that I heard a bond

1.1.. 'C· or didn't -- I believe I heard something on this a lo~
17 time ago. It seems that that --

18 JI'!R. MONTGOMERY: There was a high bond_:

... 0_,
--~ THE COURT: I think I heard something o

20 Lhls a long time ago.

21 MR. MONTGOMERY: Yes, Y9U d id · Your

"~'
' ,_'
~ Honor saw the tape.
THE COURT: And so why should I not ]O:h I
23
~;,
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these for saving the Court's time and I

h e det-endant do~
MR. KIMBALL: Because t

•
25

Elizabeth A. Young, CSRI RPR
• .L

2
that and then a summary and recommendations. Th.at ' s

what I am referring to and that's what I have reviewJb.
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MR · MONTGOMERY: Exactly, Your Honor, !\I!
tJ and -- and on the next to last page there or second ~~em
5 last page, you have him saying that the defendant see 1Ks
; ;
6 to enjoy trivia game and shows knowledg~ in many
7 subjects. Okay?
"c- And in another part of his report he Sfficienc cc fino you "guilty." I will w1.thhold a bndcn~\\
Is -chere any further ev ide nee from the s ta ce o ::- l\i"
a':ld ask: ~);
\~.,.

•
Defense on punishment 1ssues?
Your Honor, I don' c think '-Ie teu
KIMBALL:
M8.. ,_,
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c;

a PSI 1n light of the 9lea agreement. !\
furthe"C chargeS that Will be filed aga l IS r_

~!lOW that there are
She is t.he major
She is well aware of it.
tJ\s. Bishop.
or a maJOr
in this case,
witness against the co-defendant
There will
co-defendant 1n this case.
;.-Ji cness against t.he on
have to appear probablY
trials in which she will
~.8ver8l of c.
felony offenses involving sexual abuse
'
flrst-degree 1\
\\
:hild. Judge, :::-::: \
And the main reason we are doing thiS,
safe c.c :.::..:.':.\
. : 1
is just not
but it
been in jail a long time,
:-Las
The State has reason to believe her

• h.er on the streets.
I
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I

• ~sing

s, by no means,
methamphet.arnine. We certainly don't want that

is the end of cases against Ms. Bi Sil
i
I 2.:\(~

i
_o.J
c•
well aware of that. i~ .
il.

Anything from the Defense·>
\\I\
THE COURT: ~ 1
\l
MR. HARRIS: Your Honor 1
Defense would corjfUr
,!
;)

rlr. Kimball's resuscitation. \\
Ms. Bishop, you agree to wa1ve a presentence
:I~
1nv~stigation report at this time. Is that correct?
'·.1.

THE DEFENDANT: Yes, s1r. 1

['.jF'.. HARRIS: Thank you. \

Your Honor 1
I would further advise the Court tha

1\
•
Bishop's sister-in-law and parents are present "' the
'
~:~=~room, and they have been made a part of the loop. and

~~e; have been made aware of the events we have test1fied ~~·
THE CCURT:
All right. That is obviously t~-

fa~~er back there.
MR. Hl'.RRIS: Yes, sir, it lS·

THE COURT: Okay. All right, l"Js. BishoV I

.--.:..:...- find you "gui 1 ty, " assess your punishment at ej_qr: t yea:~"''

I will gj.ve you credj_C fer a!.l c.he
l~s~:t~cional Division.
- en c· e0 you t c
the cc..unty jail an d senl.. -

23· t..r>E .:::':_ght-year term.
' h ened to you now?

•
Do you uDderstan d wh at s app 1

(Indicating)
THE DEFENDl>.NT:
-----------------------------
CAYLA R. MAi, CSR, RPR
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Exhibit 4

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REPORTER'S RECORD L
2. p
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c?.uss Nos. ·:
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01,8478 Jl.ND
STATE Of TEXAS 53,430
X
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5 T.:OMAS )(

6

8
7

I ~***-A·*****

HEl\.P.ING
9

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I MOTION TO REDUCE BONDS

***'*******

12 On the 3rd day of January, 2005, the
p~oceedings

I
following came

•
on to be heard in ;:: ne
above-entitled and numbered cause before the
.l
-~
Honor& b.!.'
j Martha Jane 'frudc, Judge presidj_ng, held in Belcor:,

/8ell County, Texas.
16

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l
:..: Proceedings reported by BETSY MOCK CLifTON b

machine shorthand and computer-aided transcription
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,;_ '::: I

I BETSY MOCK CLIFTON

CERTIFIED ShORTHAND REPORTER

2 :~ fl. Ci. Box 365

'1:~
L
BELTON, TEXAS 76513

(254) 933-5790
24

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2 ~ lvJAHK KIMBAL.L
I
3 ASSISTANT DISTRICT ATTORNEY
BELL COUNTY, TEXAS
4

5
FOP. THE STATE
6

7

8 I MR. TEO POTTER

9 ATTORNEY AT LAW
BELTON, TEXAS
10

ll FOR THE DEFENDANT

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State rests.
2
THE COURT: r·
3 I'I·
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Mr. Potter, j:
4
any other
evidence? j!;
5
MR.
!i',: .
POTTER:
6 Your Honor, the i!'l=:
only Other evidence we would ]-1 ave · · · h j'•i
7
I' no ass H s . Hi,
Slmply tnat e ~2s~
... ·I;,
~truck v.1as sold. Hs has no assets .:J'Cl'
8
I ali. He has to depend on his father "'ho's che cnh
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JO b::dhas no I

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I I have nothing furcher.
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THE COURT:

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Mr. Kimball? I:
:1
MR. KH1BALL: we 11 , numb e ;:- one .1:
1.4
the motion to reduce bail in the deferred adJudicac!a~
case, since that's entirely up to the Court -- and wa~
Court~]:)I
lE
filed this morning -- it was entirely up to the
7
hundce~
1

what bail you set in that case. And I think a

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I thousanci 1s too low. I think it should be aboc;r '"c
I million By law you have to reduce the :I
I ba:~l. _l.. lo l1
I case.
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I But you can put as many restr~c:1ons ~~l'!
21 there as you
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Exhibit 5 ,,I
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REPORTER S RECORD
1

VOLUl.V!E 1 OF 1
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TRIAL COURT CAUSE NO 57,558 \i,. ':
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5 THE STATE Of TEXAS IN THE DISTRICT COURT\\
I;

6 VS.
OF BELL COUNTY, TEXAs\\,
\
THOMAS RAYt-10ND CARR
264TH JUDICIAL DISTRI T
7

8

9

10
PLEA AND SENTENCING HEARING

ll
On the 21st day of November, 2006, the

•
12
following proceedings came on to be heard in the
14 above-entitled and numbered cause before the Honorable\
15 Martha J. Trudo, Judge presiding, held in Belton, Bell;

16 County, Texas:
17 Proceedings reported by Computenzed Mach1ce'

18 Shorthand Method.

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IA P P E A RA NC E S
DISTRICT ATTORNEY'S OFFICE
3
MR. MARK KIMBALL
4 SBOT NO. 11418030
1201 Huey Road
5
P 0 Box 540
Belton, Texas 76513
6 Tel 254 933-5125
Attorney for the State
--,
I

MR. CHARLES "tvlONT:Y II MONTGOL'18RY
8
SBOT No. 14288000
9 4400 Seven Coves Rd
Temple, Texas 76502-6551
Tel 254 986-2531

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lO Cell 254 541-4164
11 Attorney for the Defendant

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12

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15

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18

19
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21

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Elizabeth A. Young, CSRI RPR
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A

Q
Yes, sir.
And so I informed you, did I not, that you
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3 either take this or we just go to trial December 4 anw:
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you just get what you get?
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5 A Yes, sir. \\'

6 I also told you that this case wou1d not
t't
Q
of the
7 \A/OUld not give you 30 years if the families
8 three boys 1'nvol•·ed
v
a·l·d not g1'\.re t h eir assent to that
0J 30 years, correct?
10 A Yes, sir. '

Q
Well, you've got some thanking to do for sornEji
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people, right?

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12
13 A Yes, sir.
Q Not keeping you locked up for the rest of
14
lS
your life. You understand the addendum that I prepare~
for your plea bargain that the judge mentioned
16 . f f .l . ~ 0 .cl_ wr l t

17
specif1cally prohibits you rom 1 1ng any Lype d
18
of habeas corpus or any time seeking any kind of i\
JUdicial review for either of these conv1ctions. . ~'
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20 \ i?eriod.
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I A Yes, sir. I•
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l Q You're stuck-
22 l

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A Yeah.
23 \I down and serve
You go
Nothing you can d o.
24 i Q
your time. When you 1 re done, you're done.

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25

Elizabeth JA. Young, CSR, RPR
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. -- 11 Joss Ulan 14 yean; old. The vid.oots.pe showed

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til¢ tlJ.rw minor mllle5 hAving sex and having a dildo used on th.t~m aruilly would be oxtremc;ly

emba.t:rusio.g at a jury trial. fi.ventuaUy. the prolle_ ~
.-:: /

aga1nst the peace and dignity of the State.
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, SWORN TO AND SUBSCRIBED before me on the date first stated above

'.·_II/HIQIII¥111bi!JIPQ/fb
1
27th Judicial Distnct
Bell County, Texas
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STATE OF TEXAS }
COUNTY OF BELL }
AFFTDI\ VIT FOR ARREST

COMES NOW TilE UNDERSJGNED AFFIANT, A PEACE OFFICER UNDER THE LAWS Of THE STATE Of
TEXAS, AFTER HAVING BEEN DVLY SWORN ON OATH, WHO DEPOSES AND SAYS THAT I HAVE GOOD
REASON TO BEUEVE AND DO BELIEVE THAT THOMAS RAYMOND CARR HAS COMMITTED THE OFFENSU
OF DELIVERY OF A CONTROLLED SUBSTANCE TO A MINOR AS CHARGED IN THE COMPLAINT TO WHICH
THIS AFFIDAVIT IS ATTACHED AND THAT MY BELJEF 1N TiiE FOREGOING IS BASED ON THE FOLLOWTNG
iNFORMATION.

l AM A CERTIFIED POUCE OFFICER UNDER THE LAWS OF Tiffi STATE OF TEXAS CURRENTLY
EMPLOYED BY THE HARKER HEIGHTS I'OUCE DEPARTMENT AS A DETECTIVE. PURSUANT TD MY DUTIES
AS A DETECTIVE, I HAVE BEEN ASSIGNED TilE. lNVESTIOAnON OF A REPORT OF DELIVERY OF A
CONTROLLED SUBSTANCE TO A MINOR fN WHICH THE SUSPECT'S l'!AME IS fi!OMAS RAYMOND CARR

I HAVE READ 1liE STATEMENT OF J M , WHO IS !6 YEARS OLD. HE REPORTS TiiAT THE
SUSPECI'S, THOMAS CARR AND TAMMY BISHOP, CAME OVER TO HlS HOME IN HARKER HEIGlrrs, SELL
COUNTY, TEXAS ON JUNE !9, 2004, WITH MARIHUANA AND METHAMPHETAMINE. JERFID AND HIS TWO 14
YEAR OLD FRIENDS WERE GrVEN ME11IAMPHETAM!NE, BY INJECTION, BY TiiOMAS CARR. l HAVE SPOKEN
TO TAMMY BISHOP, WHO GAVE A VOLUNTARY STATEMENT IN WHICH SHE ADMITS TO INGESTING
METHAMPRET AMINE WJTH TIIE THREE JUVENILES, WHICH SHE AND CARR BROUGHT TO THE RESIDENCE. I
HAVE ALSO REVIEWED A VIDEOTAPE rN WHICH THE THREE JUVENILES, CARR AND BISHOP ALL REFER TO
DRUG USE, AND IT tS APPARENT, BASED ON MY TRAINJ:NG AND EXPERIENCE AS A POLlC'E OFFICER, THAT
ALL THREE JUVENILES ARE INTOXICATED. 1 HAVE BEEN MADE AWARE THROUGH MY INVESTIGATION "i
TI!AT ONE OF TilE 14 YEAROLDS HAD A BAD REACTION TO THE DRUGS AND WAS TREATED AT A LOCAL ,,·'
HOSPITAL. I HAVE BEEN FURTHER INFORMED l!Y THE PARENTS OF ALL THREE JUVENILES THAT THE
CHILDREN TESTED POSITIVE FOR METHAMPHETAMINE.

WHEREFORE, PREMISES CONSIDERED, YOUR AFFIANT REQUESTS TIIAT A WARRANT OF ARREST
iSSUE FOR THOMAS RAYMOND CARR FOR THE FELONY OFFENSE OF DELIVERY OF A CONTROLLEV
SUBSTANCE TO A MINOR

~--·. -- , -..----~-- -----t .· -·
- - -- IIUt ~-

Sworn to and subscribed before roe by the abo\'c named Affiant, a credible person, this the {3 day nf~~ L-C"-.c=.~ce.:.It...;,v~·e-:&::::.ko_ _ _ __
___£_ (-
7
._//cJ. CJ?e a\ said County in Belton, Texas, then and lhere to testify as witness in behaitJot

I
tt\e- S'T ATE OF TEXAS in a climina! action pending in said Court, entitled and numbered on the Cnminal Docker ot1sa1d
Court, THE STATE OF TEXAS vs. THOMAS RAYMOND CARR, No. 57558, and therein remain from day to day,
from term \o term, until discharged by due course of law. neg. e.>d _laci•i droop! CN a.bnorrnality _ _ ~-­ }MEDICAL CLEARANCE FOR PSYCHIATRIC R.EF£1\RAL (1f needed) i \1
Jml 111oto.r r~;:~ponse _ii,Otor/senscry defici'-------- I Boo,ed on HA.P ond. wh. Aceomlnophen. ASA. ETOH. Other) I h::
_:_yni reflexes _abnormal gal>~----------- I •Infectious (Meningitl"- Enceph•li) I ,.\

_cef"'. lymphadenopathy ( RI L )*_ __ '•CNS Vascular and Ochu (CVA TIA. Seizure. Trauma) 1 ,·:
Nf,.CK I BACK j •Oeled p.cient I f1mlly regording: reviewed
Lbrea.~h sour;d$ nmt 1 -lab rerultt d1agnsh 0 unchange hi nO
.-. ~0 s1gru of trqurr ----.--- - -- --~- ..
?no pe daJ ederna _ --::-_-.:-=.-.:
-_:=-:.. -=-:.--=-=-=.--_-______ - 1 BneRy, pertinent HPIIs:
My penoml e,y.am of patient rewa~-----~- ----;---------
J

'pf.locEouR'is~ - [fRescrainu
I O Intubated
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_by ED physician
breath ;QNouno clean & ary for next 24 'I 0 Anx.e!y. pan1c arracks. hypervi:!nttlai•On
''ours Le3ve oandage on for 1 day
•cniess \Old dt1erent/y
I 0
0
Back ana neck pam
Bladder 111:ecttan. kodney stones
· On tne second cay. use m110 soap &. I
0 Bums
water or i1ycrogen peroxiae woth equal Ches\ pa1n, costoct-.ondn\Js
0
parts "'a:er :o keep wouno clean Clean Coniunctlvttis, crnea\ abrasion
0
woenever d1rl> ar,d let dty You should Fever (tylenollmolnn dosrng)
0
~o lh•s even when you have slttches or
0 Fracture---------
:..lapleS.
0 Headaches
· Tnf cieaner your stitcnes, the easier 11 Heaa tnjufles
0
woll be 10 tale ta1•t.ows to keep m1urea p;;rt above 0 II is flQ( sate to drink any alcohol whours. may tal gel
• Return to the Emergency Room 11 ll\ef\1l1t\ed
;: F1r.~ers :Jf toes are f\unC, •.·.;)gty, c:.j
Never take any one else's :nedoone or
j1ff~.cull :o n·.ovB 0 qive your child anot~,er chol
creen/Cna•n
•uq ol CusiO(Iy --,--- I
!'· Ele Exarn fTray set up 2 Sexual Assault!R Kil ape
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~~;:~~~~~~~~~(~~~~~------i-~~S~u~Gb=·~o~n,~·n;g~~------------------~-1_:~~~~~~
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1 Emolronar Ca1e 4
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! enema Aomlr.isHation.'RectaJ
1----- Surgery DiSl.Spacuon 3 Consul: :.
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Trache110ral otal Points: 9 :li' T
ra1lS el•ng Monitor Transponto Floor ER witn "5 - "- !',;
2
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t--t------------------------_l~l-:_j--~ -~ -~.~:' i•j):~ 11 11
:. N •nseniOn · Uncomf)l•c.ateo 3 rranspon ro Floor by ER wre (con:l c.a·_._'_e- ---------------------\;+- _-. __o_,.. __"_'c__'_"a_._"_9___
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O·~e· Enlry ( 1) lf'lCJVl Repaued) !

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: Oro& Eon ley \4 •) •ndude u~ed ro dete111"11ne tt'H!. "EO Serv(ce Level• afcare prov!Oed to the pat~nl. ------------------------·-.JI
In a0Cl1I10r. :a tne =R Service Le'.l~ V•s•~ charge, aH procedures pert'ormeO oolfor the patient s.t\ou'-0 be chargecl

~----------------------------------------------------------------~--------~
episOde
\ Only one ER S-er;.IC8 Level rs 10 1:1e ct-arged tor eacn of care \

\c·~l 1P~:•ents cnafl;le~. I
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no po1ots ano
are ;he&•nls
10
ococedllrcal Cere) pa11ents are cnes or lt><>se j
oer•nitJon5 contS\f'tOd m \t dOcument Pornts are nor a•••gned
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PAIN:
Prlmary Site ------~---:------ _________ How long? ·---- ----~--
---.~, ---
Relieved by OTC/Prescnbed Meds. _ _ _ _ _ ------------------:-··~---
.,~ow
oJ'_)Pain Scale LOW
Ta_k_e_n_?-----::---::---.--~c;--~~~;-=-~-
Ofte_t_l_
1 2 3 4 5 11 7 8 9::;:---11~0~-=_~E;X~T~R~E-M_E__ ------------.-. ~--
\) Comments _________________________ _ ' -
- - - - - - - - - - - - - -,.,----;---
'
FUNCTIONAL Ltmtted ROM/ADL's Explain__________ Redness/Swelltng· ·;
SCREEN:
--·-Contractures (Location)_______
-----Bone/Joint Problems _______ Falls/Or ~!ls:ory _ _ _
Prosthests jt.c.-. -6
(/
Ga1t '
------r-
17
_____ Assisllve Devtce Type New Weakness or Paralysts ----
1
-=---=-=Newly Identified CVA or Head Trauma ------- --:-;--_

-. 'j= WNL Comments . 84 ~v v 00029422TJi~
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~
est
_ , !'1D
9008 6/21/04 016~ I
SnJ;tJ.s.
REPRODUCTIVE
FEMALE:

•
REPRODUCTIVE _ __Drscharge
MALE: Sexual Preference ~ Infection Birlh Control
Male~ -=-=-_Sexually Aclr~Yes 1 No ____ Hrslory of STD's
Comrnenls Yesi1rJo
---- ·----------~----
l\'

NUTRITIONAL: t f f f ddolescent Screening
_Unintentional weight loss~ 5% of usual body weight within the last month
V Admission Diagnosis including Anorexia, Bulimia, Malabsorption, Malnutrition (circle)
Child Screening
--~Uninten1ional weight loss :::. 5% of usual body werght within the last month :{
_ _ _ 1-~ 2Ac-:~:Y --·.-0:~,~------:-'='cv_~ '.; l~~~,
·r _,__
_ -, .. t'Jiarn how long usage and how much 7~~~.:w!.. l- r.~
· '·1 fu:-...LJ >fP
'"'Y\ c.\"' Oa~tUs-e /~ · _~ _4---1 cL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - ~f2 -----
06/22/04 {I'
')5lS 8.0 4. 83 14.4 :j
41. 7L 86.3 29.9L 34.6 9.4 i

Hematology
TEST. PLT DTYPE
0
SEGS LYMPHS MONOS EOS BAS OS
'5 x10'3/uL % % % %
:i.l.S-13.5 140-450 40-75 15-50 1-12 0-5 0-1.5

06/22/04
------------------------------------------ -------~----------------- .. ---~-------1 ~- ... --

0515 l3. 0 173 AUTO DIFF 38.1L 44.9

....
w"'
·- {l
.,
Free t4
I ;1de.:;.EABlJ, fvlD
':··

Patient• t ,J S Location: 9A Room: \ ~:
9~io,s. 04-A
Physicians: Case#: 1008423 11
JAMPALA' VIJAYABABU I "ID
,. Med RecU: 000291227 I \. 'i
Adrnit Date: 06/21/2004 Discharge Date: 06/26/2004 ·,)

TEST.
"' :,~~~ ~"'""'" '""' """""""""""""'""'"' Chemistry ""'' . . . . . . . . ""'" , . . , , •• " ••• , . ·~• ••. , •
UNITS
\t
----------~------~---
-· -------------------- ~------------ --- ------ --- ~r-----
\'
ll•.:./2:?/04 ;1

riS 15 078

*~*~~******~~***************Drug Screen *~*~**~****~*~**~*****k**~*** ,,
?l
06/2~/04
,.
i
l4SO Drug Screen, Urine I.

I
Amphetamines, Urine * Positive [NEG]
Barbituates,Urine Negative [NEG]
Benzodiazapine,Urine Negat.ive [NEG]
f
Cocaine, Urine Negative [N.EG] I··

·-
Opiates, U.rine Negat::ive [NEG]
Phencyclidine,Urine Negative [NEG]
THC,Urir1e * Positive [NEG]

Immunology

THIE·

06/22/04 NORMJl.LS UNITS
0600 -·-------.-r---
--~--------------------·-------------------------
-------------- --~----

i.
Yellow
~= ·~· ~ :_-..r Clear 5.0-9 0
s.s 1.001-1 035
11l':J/d!~
>=' 1.030 NEG i\ '\
::;!JeC ~ f 1 c Gra.v1.ty mg/dL ;·
Negative NEG
:.1 ucose rng/dL , I
Negative NEG
61Lrubin /u.L
Negative NEG

9
~::2r.ones 1119/ ciL
Negative NEG
·.:i lcoci mg/clL
Negative 0 2-1.0
:;·;:c.::ei !l
0.2
_!;_-ob1:.: :log en ;·
.\,,
/
9A/ 9A0904-A \1 ;·r
!l l

.~ .. l> Y, J S PTES
\
--Summonrng Witnesses-$ _ _ _ _ _ _ __
·Mrleage ------------
Total ............... $, _ _ _ _ _ __
------
2u
111111111 !11111111 !IIIII !IIIII
v?f:-==r

By: _ _ _
__ Sherrti/Conslable/Percr;:
OHicer!Private Prcqlss

~--t~
Cou.nty, Te~as,
• METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen, TX 76549
(251) 526-7523
i''iI
vuI FlfJENTIA!L
i

PSYCHIATRIC DISCHARGE SUMMARY

IDENTIFYING INFORMATION:
S is a 14-year-old Hispanic male who was admitted with a history of
USlng drug~ including methamphetamine, resulting in auditory and visual
halluc~nat1ons and paranoid delusions on the night of admission. Refer to the
psychiatric evaluation for details.

LABORATORY FINDINGS:
Psychological testing on 6-25-04 by Eugene Waters, Plt.D., revealed a psychotrc
disorder not otherwise specified and borderline personality traits. Refer tc
his report for further details.

CBC with differential revealed inc.reased monocytes. Comprehensive metabolic
panel revealed elevated alkaline phosphatase and bilirubin at 1.3 mg/dl (0 to
l). TSH vJithin normal limits. Urine drug screen positive for THC and
amphetamines. RPR nonreactive. Urinalysis revealed a small amount of
bilirubin, trace ketones and protein with 2-5 red blood cells. EEG revealed
normal sinus rhythm.

HOSPITA.L COURSE:
He was maintained on no medications during his short stay here, as it was felt
chat his psychosis was the result of the drug abuse. He was alert, awake and
more appropriate as the treatment progressed. Family therapy went well. He
admitted to low esteem and depressive feelings. The guy who gave h1m drugs
had reportedly threatened to kill him if he told anyone about who gave him the
dr'-lgs. No cravings for drugs were seen. His lip abrasion was treated with
peroxide. He needed nutrition supplements. He denies suicidal or homicidal
::hcug!1ts. urges or plans or florid psychotic symptoms. He admitted that using
diugs is wrong and that he would not repeat such a mistake again. We
processed how drugs can be detrimental to his health and how they can cause
r;:enta~ status changes. At birth l1e had anoxia secondary to aspirations. He
said he felt supported. He denied suicidal or homicidal thoughts, urges or
;:llans c.nd \·las discharged :i.n stable condition to his mother. We gave him a
drug package which he worked on in his therapy sessions.

DISCHARGE DIAGNOSIS:
AXIS I:
l Psychotic disorder not otherwise specified.
2. Dysthymic disorder.
3 St:.;.mulant abuse, episodic-
.1\XIS II·
Borderline personality traits.
A..X 1 5 I I .I :
None.

ll.dmj_ t : 06/22/2004 Patient Name: G , S
Disch: 06/28/2004 MR#: Z94254 Acct#: 1008534
Sex: i'-'l Age: 14 Y Dictating: Vijayababu Jampala, MD

•
P.oom . Pt Ty'"Pe: P Attending: JAJvlP.Zl..LA, VIJAY!>.BABU, MD

ORIGIN.l\.L Page 1 of 2

PSYCHIATRIC DISCHARGE SUMMARY
• METROPLEX HOSPITAL
2201 S. Clear Creek Road
Killeen. TX 76549
(254) 526-7523
l
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Severe - problems with primary support system, peer relationship problems.
f:..XIS V:
GAF 50.

RECOMMENDATIONS:
1. Consider antipsychotic medication in the future if he regresses to any 't .
psychosis, but at this point he does not need any medications.
2 He will be seeing Dr. Daheim on 7-6-04 for follow-up individual and family
therapy ..

VJ/uw
D 07/26/2004
..,. o1 / 27 ! 2 oo,; 10:18.34 E:. T.
-· .

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.r,drc.lt 06/22/'2004 Patient Name:
'i
MR#: 294254 Acct#: 1008534 . '
D.isCh 06/28/2004

·-
SE:X: fv\ Age·. 14 Y Dictating: Vijayababu Jampala. MD
Pt Type· P Attending: JAM?F1LA, VIJAYABABU, MD
r1 fl.ge: l4Y Dictating: Vijayababu Jampala, MD
Room: 0902 Pt Type: P Attending: JAMPALA, VI,JAYABABU, f"iO
\l
ORIGINAL Page l of 2 '

PSYCHIATRIC EVALUATION
tch
••• ~TRO~L2~
2201 S. Clear Creek Road
killeen, TX 76549
(25J2065
tJfett[op!ex Pavilion Integrated Progress Notes M H D 0002942~~~
- I
I VIJAYABJl..Btl, :p;
DATE/TlivlE OF ENTRY- DOCUMENT EACH SHIFT TO lNCLUDE JAM p ALA I I 04 I] 14 y "
\All signs/symptoms, interventions, evaluation 902A 6/
22
2/21/9~

ROGRE RECORO MH 51'33
102065
'
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JAMPALA, VIJAYABABU,' MD
902A 6/22/04 Ol4Y p
2/2J/9c
PSYCHOSOCIAL ASSESSMENT

I. ill ENTIFYlNG Ii'l.FORMA TION

NAJVIE. DOB and AGE:

DATE~~ASESSMENT: FTHN1C:
6 :!1. of I
~~()I)
/ (I , ill 'IA'J,~. J:NFO M; TS:
I ~ ).{~VL.d e-;z.., 37,
ADDRESS: .c:/ 4 /o
l~ 7£-?~\
! 1')~- _,Vt_ o -
\. . ;
--- n.. SPECIFIC REASONS FOR ADMISSION (Include referral source)

What precipitated the admission to the Pav~lio~? C?~" ""7\7- ·~ 1 • a C/ .~o
n ~ r-'~-~~~ ~ .~-1~ JJJ~ -:;;r~- 'f/,Nt Cf:i·~
L 1 · \- thl ~c>~ .~ .!L.u rt-vJJ (rvJ---- ~ :'/ (f"t--:-- J..Lu XJ_r;
!J ~ F""-. ~ )_,'--11XJ-j~ ~ ---A'Lo fr.e~- i[)~,M.... d'-~1-- . --+~~ P!. -~- •• ~_)
l . 'd
?.]_ -v_..v..,.r- Fl/' ~. tJo .
Any ot'her siblin7;:1iving ou~e home?l{:names and a~es and where they,hvg?), ·Ll. . =~..r.o-'--
' 0-- ~\.J\&L r- . 5t.YJ A ' it- tA_.L. ~ .v'--~-:
I cr~

. . . . /V'-f'.
Any b1o-parent hvmg oulslde the home. wliere -
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., ' - ..v-v--Yf -~ :: .
1
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•• , ~ fh IMLVV.lio~ ~Describe job. ~~ ~-- ~ :?tJih 6 5_J? k
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What is pt 's/family's expectation ffom treatment?

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DIAGNOSTIC SOCIAL ASSESSMENT SUlV11VlA.RY

STRENGTHS ~
c~do64? 4~
A

_ B WEAKNESSES:

C GOALS

VIT. DIAGNOSTIC SUMMARY

Summary ofwhy patient is admitted. Diagnoses '
!:

• What are the patient's current needs?

Assessment of the case.
.

:I
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Goals oftreatment. ''

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'vllJ. SOCIAL DISCHARGE PLAN
• j

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Where will pt be discharged to? I

I
.1\fiercare arrangements? j j
'

Any identified services needed?

•
• ~TRO~~ ijQSP!T~
2201 S. Clear Creek Road
Killeen, TX 76549
(254) 526-7523

HISTORY AND l?HYSICA.L
CHIEF COMl?LAI'i~'l':
Adm1ss10n to Metroplex Pavilion

HISTORY OF PRESENT ILLNESS:
The patlent's mother has been reporting changes in his behavior for abcut 2
weeks now. He got in with a group of kids that were doing drugs. The mother
d1d not know that he had been smoking marijuana for probably over 2 years
H.:s fc.ther is in prison for murder in California. The pat1ent ,.,as 5 years old
the last tlQe he saw his father. He has been talking to h1mself and hav1ng
hallucinations according to the mother. Over the weekend, he was apparently
Wlth some friends and they did marijuana and crystal meth. He chewed on his
lower lip during this time under the influence.

PAST MEDICAJ~ HISTORY:
He was delivered normally after a normal pregnancy. Birth weight was 10 ~
pcunds. There is no history of birth injuries or breathing difficulties. He
had ~o problems while in the Nursery or Eor the first month of life. There 1s
r,o h~story of him being hospitalized previously, and tller.e have been no
chronlc illnesses, except for seasonal allergies .

• .ALL-ERGIES:
No ~nowr.

lJI1MUN'IZATIONS:
medical allergies according to the chart. He is allergic to cats"

Seated tc ae up to date.

FAMILY lUSl'ORY: I
,.
There> is a family history of asthma and school dysfunction.

REVIEW OF SYSTEMS:
I·iegatlve.

PHYSICAL

GEN7.RAL: He lS a tall,
thin boy. He climbed on the table and 1mrned1ately
laid down. He could not open his eyes well fer the exam. His eyes were
Pl'::nnt •.·1hen I finally could look at them. He was very wobbly 1n h1s ga1t · I
; '
~le ~pparently got some Ativan and Vistaril last niaht because of the reactlon .: i
:!
cc ~he crystal meth injection and he is still unde; the influence of that at ; I
i
: r~ 1 s t } :r~e .
vi'l'A.L 5IGI'!S: r~oced
and are ·wiU)in normal l:units.
HEENT: Nose, mouth, pharynx, eyes, and ears are normal. His lower llp on che
r1ght side has been chewed considerably ins1de and out. It does not lo0!~.-- RR
--

1•
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j
1' PO f!,,J;

--- _
T1n1e _ _ _ _ BP
---
Puis~
T1rne _ _ _ BP ____ ?ulse--=-_
-A"Vl /1 .J-.1 _ . , , !.. I , JJ--
Ril: Bulging
\lp·IS Forn1 J80 IOIQ2 Rn ~/OJ #900380
poor
Visual acuity w/o correcti"~ lens. R
Visual 11Cllity wtco,.ertive kns: R

,~
: \LETRCH c..X HEALTH SY~ A~M \_ 'f
i E\lf-RGENCY DEPARTJVfFNT 0002~42tl4 1008534
1
j PHYS!ClANORDEHS \ G
~
1
1 2 1 1 9a f"l 1 4---.UL.. _ _ _ _ I
-\LL--"-r--J{-G-.1-E_S_:- . - 1 · 1 ;-0 4 ']
\_ _. ~·-r-~---::--------------------------------,---,----=----.--7:-C..-----
~ursc S1~t\:1tu1-i,: I
i)-ITE 1 Tll\tE ORDERS
'--~.+-
I LA BSffEST:
I Onlcrcd 13y/
, ;v!OSignarure ~.•
•. I
1

0 ABG 0 Accucheck 0 Amylase ' ', !
I 0 BS 0 Blood Alcohol Level 0 B -::~1et 0 C - Met i i
I 0 CBC 0 CPK 0 CKMB 0 Tropon.in 0 Carboxy Hgb 1 i
· 0 Cultures/Sensitivity: 0 Blood X O'i:'urine 0 Throat 0 Wmmd I
Acetar~inoph·~'o I
I 0 Dn.Jg Level D ASA 0
o~nobarb D Valproic Acid/ Ocpakote 0 Otht-TS
Digoxin 0 DiiMtin J

I I
0~ i
DPT/PTT ·~:

0 SHCG: 0 Qu,'ll1t CM) 0 Quali 0 Sed Rate
1
0 STD Work-up: 0 GC 0 Wet Prep 0 Chlamydia 0 Cervical CIS
1. 0 T3 T4 0 TSH ~ _
s~~~ ::::::,Ulll[S D Type and Screen
/£;z_ \~~ ~Drug Scree0
1

l-\A.DlOLOCY/IMAGfNG:
,,!
I 0 CXR Po11 2V 0 AAS 0 C Spine: Xll_/ LTD 0 KUB
!
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l. J DXRay(State): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I 0 Skull L TO ', \
j !0 CT- Head w/ contrast I wfo contrast 0 Al3D ,

0 Others: ---------------
-------~==:=====;============-!----·--+~----
1 [ ,
1

~ ;,;_~
,-r--r-
[ : 0 U!S. I
• ! ! 0 "trdwo mm!to' 0 "'''" Ox!mdty 0 B'" hogget

4 71lJ if~ f ,1~- ·JZcJ ?1--!bJ /~~
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---+--'--'--------------------·--------t-~---------1-------- ~--~'
~----'----=-c--:L___------:--:----------~-----------t---:::0:-r-;-tlc._r.c~u-B_y_l-1-=Ti-n--,c--,(:iven By, 1j
( ·'-'letlicaL1uns fl V Order-s/ Addilional Onlers ,_ Si'noIlature Given : :J
1 10
r---T----,-----------------t~IY~·~;;·~~~~---.j

~---+~t-------------+----1-:-~~,
l--"~: ---+i!_________.____~----t----~-~r------r-~1
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~--=~-~~·t~---~--~-~:!~~---~--~---~~------~~--=-=-=-=--=--===-=-===·--------------------t-------~tb-~--.~~
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===========---_1_____ . __ (/;"
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C. /1.~-'~g Information.

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:F Anticipated Problems (optional).

.!

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Cq>mpleted By:

'
·---·Date:

'·
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• ..::::!1•
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:=o:s
:5\L_ _

METROPLEX
HE}\LTH SYSTEM 1008534 M H D 00029~254
G , S !

f'Jurs1119 :AdmiSSIOil Summary Jru~PALA, VIJAYA8ABU, MD
902A 6/22/04 014\~ P
2 /21:y9o
AOORESStlJbr:Ac'H
~~11EDI ~ AL ISSUES SUMMARY

1::-o:noieted by
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METROPLEX PAVILION MENTAL HEALTH
NURSING ASSESSMENT
.!!,,
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.-_-__:cf.....-=-=-..:...{_-__:/'--U---~~i!
l~
Patteni Name G :\
:
Last
I First Mtdd!e

Sex: G F Race:
II
-rf Marital Status: S M 0 W (wcle onE]~
I

T~pe of Admiss1on
i
·V Voluntary Involuntary

P~nding Legal Charges·~es _ __
J;
'

c~ te of Ad missto n: --~--->...:[d-'---J.-......:_0_'-\-'--- Time: CD fS:
___::c___ _ _ _ a.m. p.m.

1 • }\': mvrf\J
A~companted b y: ----=~~__;:____;__.:...;,_ _ _ _ _ _ __
Relationship to P a t i e n t : - - - - - - - - - - + - -
~-1

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J,~(fu-~ ~I
{, -
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.
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::& •
.
·-# 4
@of; ~~
.

I~--
;current Medications Dosage - · Route Times Classification ,., I
L_ i (tnclude OTC ,::

~-~----~----+------t-------r----·------~---11
L Pi
..:..___ _ _ _ ~-------1------f------+---------r:r-----~
[~~~-;:~-M~~r4...::::__j_~~h.....J!ill+fli=h=-~~~~~~~~==--r------·- \; J~ ·!

--L-------J----U-l.L__:::.__+Y------r--~--:-----~----:r-1I

__
11

=
: ==~ J _________L _______L __ _~~-------~~
;!

None

10 ~ 8534 M H D 000294254 SF- ~~a~-~.... ~~
G I

JAI'~?ALJI., VIJAYABABU, MD il
902 A 6/22/04 014Y
2/21/90
P _ -J-'lf'r ..L' VIJAY '
0-14Y p
' ! /2?j'04
6·
'jO)J\ - 2/21/90
' ')

MENTAL STATUS EXAM

• ERSONAL ---~--Appropriate
---;c;,PPEARANCE: Comments
___ Well Groomed _ _ _ Older I Younger (lila! staleqiage)
I

---------------------
'lt1000 _ ____;Dysphoria Euphoria Labile -=--·lrr1table ------1. alrn
_ _ _ Paranoid Appropriate 1

_ _ _.Anger (How do you handle anger. Explainj - - - - - - - - - - - - - - - - - - - - - 4 - - - - - . ' . _
Comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' - - - - - - - - ! - ; _ _ _ '

PSYCHOMOTOR _ _ _ Coordinated _ _ _.Hyperactive
BEHAVIOR: _ _ _ Slumped _ _ _ GrimacesfTics
_ _ _E.rect Posture ___ u~litated ______ uncoordixted

Comrne11ts

AFF,ECT: ____Constricted __ v Flat _ _ _Tearful _Sad _ _ _ Angry _ _ _ Appropri~\e
Comments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ---fT~
]:

THGUGHT _ _ _ Orientation _Time Place Perso'n Logical lllcg'd~l
PROCESS: _ _ _ Circumstantial Tangential --____ Loose Associations____ Fl1ght Of Ideas it:r;~:ex
____ Delusional Ideas of Reference Paranoid l~eation _ _ _ Preoccup1ed ~Q)./:)
_ _ _ Difficulty Concentrating ____ Confused ____ Grandtose Appropnate ~
Comments '
i i
/ I~,

HALLUCINATIONS:
~--Visual · -'Auditory
_ _ _ Tactile ___
l/ _ _ _ Olfactory _ _ _ Command
I'
! '
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Gustatory None \ ~
Comments - - - - : i,

e i0r¥JICIDAL/
SUI:CIDAL ' I
·-·---:--
HISTORY: 2 Date of attempt--------~-----:-:-:------;-;----:::;'--::-;-::---;-;;;;::-::-;:;----
J HJstory of suicide in nuclear and/or extended family Yes
7
•
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~\_ (j~J\.Q
D
Comments __________________________________________ ~-V----
-------------'--; ·
------------------- ·.I

_ _ _ Poor Long Term Intact
tv1EIYIORY: Poor Short Term

~008534 M H D 000294254

.Jl'.~PALA, VIJAYABABU, ~D
902A 6/22/04 Ol~{ p
- 2/21/90

• ~
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PSYCHOSOCIAL OAT A

'
PRENATAL
Birilt Trauma Complications During Pregnancy
AND; Developmental Delay. _ _ _ Motor Speech _ _ _ Other
CHIL'oHOOD Learning Disability ,
DEVELOPMENT: lmmun~~nStatus--~---~~~·~:~-~~~~=-~--~-~-----~-===;~-
Chilqh~a Illness ~
---~l/- ·wNL C~om~m-e-nt-s~--~~~~~---------------------------------

EDU~ATIONAL Primary Language -----"=""'-\.1'----=~~~- ---~Limited Education Background :li1
NEE8S: ___ Reading or Writing Problems -~-Speech I Language Barrier ;I11
_ _ --MOtivated Learner Special Education !!
___ !:2WNL Comrnenls ____________~---~~---~~--------~-+···-··---

RECENT
LOSSES:
~~--Health _____ Job
_ _ _ Disruption in Lifestyle
_ _ _ D1vorce
Other:
_ _ _ Death of Loved One ~ p~ l; ,
Comments pc. ·~~~/
-_-~-_jj ~
HOBBIES & '.
';

LEISURE
·---~-----------------------·--------+-C...-
.; f!S ·. ·.1 I0/L
i
LO-MI
~------------------- -----------------------------------------------------------~----· i
I;
Clt/22/04
0530 2.54

~

Negative NEG mg/dL
Cl-·....:·.:ose

9
NEG mg/dL
ell i t:.;Ji:nn Sxn&ll u
Trace ,., NEG m,
(A~ISSION AND DISCHARGE DATE) ,!
The~e said pages of records are kept by said Hospital in the r~gular course of
bus1ness, and it was the regular course of business of said Hospital for an
empl~y~e or representative of said Hospital, with knowledge of the act, even~,
~ond1t1on, opinion, or diagnosis, recorded to make the record or to transm1t !
i·
I
lnformation thereof to be included in such record; and the record was made at or
near the time or reasonable soon thereafter. The record attached hereto are the
original of exact duplicates of the original.

,.
\/ Or Serve AI: 0 "-i ..!- \LJ
'-':._"::__. \...::_-,!/ u L; RETURN TO DA'S OFFICE FOR SERVICE
' I

to be and appear • • , • • I N S T A J,:;
T . NTER ' '. ' ' ' b efore the Honorable 264 Ois!nct Court of Bell Coun .
exas. to be held at the Counhouse of · I.

the STATE OF TEXAS Ill a criminal acrid Cou0ty, .In Belton, Texas,.then and there to testify as witness in behalft\Ot
Coun, THE STli.TE OF TEXAS vs. THO~~~e~~~~~1~ Said Court, entitle~ and numbered on the Criminal Docket onsard
from terrn to \erm unt1l discharged by due f NO CARR, No. 57o58, and there1n remain trorn day to day ~1-,d
· course o 1aw. · ;:
1
Returnable INSTANTER. Hi

HEREif\l FAIL NOT a d k d i\
l
srgnature at Belton Te' xans tmh a 3e0 hued retur!n hereof, showrng how you have executed the same. Wilness my olf1cii!
• , , IS t ay o October, A. D. 2006.

Shelia F. Norman, Clerk, I'.
i·
264 District Court, Bel County

By: _ __
Please contact the District Attorney's Otfice prior to appearance
an unnecessary trip to court. 939-3521 or 1-800-460-2355, ext. 5215.

:·rc>'_::O ··li •S an oHense ior_a person to Intentionally rnfltJence or coerce a witness to testitv falsely or to etude legal process. lt•s nlso a
,.;,Jor.y vftens€ IQ ilarm or threaten to harm a witness or prospeclive wrtness in retaliation (or or on account of the servrce of the person as"
,, 11~ess 01 ro prevenl or delay tile person's service as a witness to a crime."

r·,OTICIP. 'Es del1t0 H)tlmar u obllgar a un testigo a declarer con talsedad o a evadir el proceso judicial. Tarnbien es .ctelilo penal hem 0 •:
ar;1enazar con he•u a un testigo. o a un lastigo prospective, en represalia o a consecuencia de heber declarado en JUrCIO o con el a fan de
.mpec11 o oemorar su r.omparecencia como testigo de un delilo."

.. uUCC:S TECUtV1TO BRING OR PRODUCE ANY & ALL MEDICAL RECORDS,INCLUOING
'-ifi & ALL FSYCHIATRiC RECORDS OF C LEE
V FROM JUNE
:s 20')<> THROUGH PRESENT DATE ...

Officer's Return

Ci:l~8 iO hand !he .,1-]
r-} ~~· _A.D. 21J-"'_,ati-J
day of~
....6, at z...fsO'clock T-_M. ·

f'.Jot e>-ecuted as to tt1e wi\ness - - - - - - - - - - - - - - - tor the following reasons·
t I

• FEES ·Summontng VV1lnesses- $ _ _ _ _ _ __
J·,.;lle::Jge ------------
,.oiul ............... $
111111111111111\l\\1111111\111
5[1~0
By: _ _ _ _ _ _ __
/) ~/ 11 vv/
HALLUC:lHA noNS: -----~~~~~~~--------------------------

SPEECH: &1--:
AFFECT:-----

TIKXJGHT CONTENT!PERCEE'TION: _ _-,.--_...;../_t.U:if'Z-t=-4-..LJ .L.~a:~(-------------
:\Pf>ROPRLo\ TE CONCENTRA.TION
lz E.ASLL Y DiSTRACTE.D - - - POOR JUOOMEI'·ff ---'--/-~-
REVTEW OF SYMPTOM: MAJOR DEPRESSJOH (MtET J.aT DSM lY DiAGNOSllC CRf11'JUAl
- - - 1'\)()R. ~ SJGNTfiCAJ'.{T wmGHT LOSS
__ ----·I~ lA OR HY!'£R,SOMNlA .
- - - - - PS'YQ\(JM(Jl"OOI. AGIT A TIOH OR Jl$f AKDATIOO
--·---LOSS Of EN:EJ\OY
FEELlNO OR f/'..TIIUATC GU0.T
Of W041. THLE-:-;~Mt:Nr ur· Ll:THA.LlTY FOR DANGER TO SELF OR OlliE~: i ''

-~·IDEAS ~.~----.:~----------L.:~f~=:.,.L-----------~
T~An _________________________ -+-----------------------------
GF..STURES:
--------------------~-------------------
.-I

PLANS: Ii
r·:
';·
,:I

ATIEMPTS:
---------------------~~---------------------------
ASSESSMENT OF lHREAT TO SELF AND/OR OTI!ERS: NONE MOD SEVERE

DISPOSITION:

--~- ~"YCHlA TR.IST NOTIFIED UPON CO.MPLETION OF PRE-EVAWATION
DR- TIME NOTIFIED TIME REsPoNDED-----
____ v...,...J)ISCHARGED BY ER PHYSICIAN TO ~.;::-~WHEN MEDICALLY §;fABlE
___7_ REFERRED FOR OUTPT. FOLLOW-UP Wffii: ~dtJCJ- 'f~ Er::
_ _ _ _ INSURANCE VERIFJED ) u
_ _ _ ADMIT TO MBTR.OPLEX HOSPITAL
_ _ _ HOLD FOR 23!-lOURS OBSER.VATION TO METROPLE.X PA VIIJON
ADMIT TO METROPLEX PAVI:LJON INYT. UNIT*
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CARD AND
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(4) SlGNEDP.ATlENTS' BJJ..l.OPR1GfffSCOVE.R SHEET.

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PHONE (254) 526-752
EXT 8103 EMERGENCY D
KILLEE

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Age·----We~-----Oata - - - - - - - - - - ,, .
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EI\1ERGENCY. DEl)A.RTl'vffiNT ,.., ·- .. '·\
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l.MG~L-~E~R~Gffi~S:---------------~--~--~----~~r~·r~~~·7~cr LLEL_E____~I·~
DATE :;;;u,. -ill'm·i:>C. DOS 9/21/89 014/t: ::

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·~rm;.....~"';;;:;:--------------_j__~,'rt~Q_D~Siena~rus~yr/eL_""r~-s_r_:,-ig-nn_tu_~_J ~
LABS'TEST:
0 ABO 0 Accucheck 0 Amylase
0 BS 0 Blood AlcohoJ Level 0 8 - Met 0 C - Me~
0 CBC 0 CPK 0 CKMB 0 Troponin 0 Carboxy Hgb
I 0 Cuirure.s/Sensirivity: 0 Blood X 0 Urine 0 11Jroat 0 Wound
0 Drug Level: 0 ASA 0 Acetaminophen 0 Digo/(i.n 0 Dilantin
0 Phenobarb 0 YaJproic Acid/ Depakotc 0 Ortiers _ -----·-
~
0 ?T / P'IT
0 SHCG: 0 Quant (M) 0 Quali 0 Sed Rate
0 SID Work-up: 0 GC 0 We1. Prep 0 Chlamydia 0 Cervical CIS
0 T3 T4 0 TSH
! ~N:J~e & Crossm~ \\ \-., lmits 0 Type and Screen
I
I ~ me~~m
I
I
l; lOLOCYflMAGI~
V 0 CXR Port 2 V 0 AAS , 0 C Spine: XTL I LT'D 0 KUB
I 1
! 0 X Ray (Srate): _ _ _ _!_.'- - - - - - - - - · - - - - - .·.
0 Skull LTD :~ ~
I 0 cr- Head IV/ contrast; w/o CI,)Jl[ras( 0 ABO i.

i I
0 U/S:
0 Others: --------- - - - - - - - - - -
'

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0 cardiac monitor 0 Pulse Oximetry

i 0

!1-le1
HOSP. ID: MET
ACCT: 1008538 DR: PIPER, JOSEPH N., DOCOD£, 00301

M9240 COLL: 06/21/2004 20:30 REC: 06/21/2004 20:36 PHYS: PIPER, JOSEPH N .. D

Urinalysis,auco,~ Micr
Color Yellow
Cla:::ity Clear
pH 5.5 15.0-9.0)
1. 030 [1.001-1.035}
Specific Gravity :>=
Negative (NEG) mg/dL
Glucose
Bilirubin " Small [NEG] mg/dL
Negative lNEGl mg/dL
Ketones
Negative (NEG] /uL
Blood (NEG] mg/dL
E'ro~:ein
• 30
l.O ro.2-1.ol mg/dL
Urobilinogen (NEG)
Nitrites Negative
Negative [NEG) /uL
Leukocyte esterase (0 -21 /hpf
W8C, Urine 2-5
[ 0-21 /hpf
RBC, Urine 10-15
Bacteria Few
Epithelial Few
Crystals Moderate
Amorph urate

•
Mucus Many
,,,.
:~

•
. . . ,,.
.
~TROfLEXlROLLINS BROOK COMMUNITY HOSPITAl.
EM:EJ(GENCY MDfT A1.. HEAL11-1 EV ALUATJON . ·
.,

• DATE!IlME: C:d:?:-:0-f C/ / l EVALUATOR: -+fh~o._O-=---Bv.::::._o::_~l~_-E>=--~{1'-'-'.h......,/_)_ _
POTENflAL PATIENT NAME: ~ F~­
ADORES.,, OTYISTATE:

RESOURCESIINSUR.A.NcE: ----!..~~~Q,..L-. _ _ __ TEl..EPHONE: _ _ _ _ _ __

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VA ELIGIBLE:
VA cUgjblo * ..ao.ud be liUskrnd 1o
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VA~ 3 ~ ill sonia: "rib lllllloeoonbie ~ or.,.... J~days;, oc:fflco: ,.;a • 8>0&aJ ~ tl>o: P.lic.Jc is
~ cm.n..)
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MEDfCAL HISTORY: _ _ _ _ J:.U.~n~C::~~~:rd~~sl®n~hlf.Fi~~otic \1

Luxury ar~d El':ecu\ive Programs Effective, Affordable Luxury Insurance,
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/learn/ ativan/) I

• Sleets/ Side Effects
Wthdrawal and D3toxification
Feople who abuse Ritalin can overdose on the drug. It is
Barbiturate

/learn/ barbiturate/)
. .
Be nzo d 1azepme
\1
(http://www.dependency.net \\

i1
(http:// -Nww.dependency.net \ \
\I
1\

important to be able to recognize the symptoms of an
/learn/ benzodiazepine/) :\ 11
overdose in friends and loved ones so you can arrange
Cl onazepam !. \
immediate treatment. A ~tal in overdose can cause (http:// www.dependency.net i i
psychosis, agitation, lethargy, and seizures. If you suspect an
/learn/ clonazepam/) \I \I
overdose, contact a poison control center. A Ritalin overdose
Codeine 'l
has the potential to cause an onset of sudden death, {http://www.dependency.net 11
especially in people with underlying heart conditions, so
immediate medical attention is advisable.

Wthdrawal from Rita\ in can result in a change in the
/learn/ codeine/)
Darvocet
(http:/ I www.dependency.net ;
I \

person's behavior that may be diH cult for you to handle /learn/ darvocet/) \\
alone. Ritalin withdrawal symptoms are psychological Demerol :
(http://www.dependency.netf learn/ drug-addiction!), (http:/ I www.dependency.net 'I \
/I earn/ demerol/) ;\
and suddenly stopping the drug can cause psychotic

• behavior, aggression, panic, extreme fatigue and depression, Dexedrine \

and even suicidal tendencies.
(http:/ 1 www.dependency.~~
f:l1/?n1r; 11~n~ 1\M

of 7
I
I,
- -r- .... om.o~ - t:nects of Ritalin Abuse- Rit ... '!
http:l/www.dependency.net/le~r;n/ritalir
l
l\

•
Short-Term fff Ed s of At ali n /learn/ dexedrine/)
Diazepam . \:
Rita! in abuse produces a stimulant-like effect. The (http://www.dependency.n it
Ritalin high induces euphoria, wakeful ness, and /learn/ diazepam/)
increased focus and awareness. The intensity of the high Dilaudid
depends on the delivery method. Taking the drug orally (http:// www.dependency.n
produces I itt I e euphoric effect, unless it is taken in /learn/ dilaudid/)
larges dosages. Snorting or injecting the drug greatly Fentanyl
· heightens the experience. The side effects of abusing (http:// www.dependency.ne
Ritalin can include an increase in blood pressure, heart /learn/fentanyl/)
rate, and body temperature. ~talin can also cause Fioricet
nervousness, dizziness, vomiting, stomach pain, (http:// www.dependency.ne,~\
diarrhea, shortness of breath, chest pain, hallucinations, /I earnJ t ori cet/) \
itching, rashes, fainting, and seizures. Coming down Hydrocodone 1 !
from Rita I in can induce withdrawal symptoms, (http:// www.dependency.ne~.~~
especially if the person is psychologically dependent. /learn/ hydrocodone/) I! I
These symptoms can include panic, depression, mood Klonopin i\
(http:/ I www.dependency.netj
changes, and psychotic episodes.
/learn/ klonopin/)

•
''.'
LDrazepam 'I
'l
(http:// www.dependency.netj I
Long-Term Bieds of A tal in /learn/ I orazepamJ) ': \
Lorcet
Long-term Ritalin use may cause heart disease or stroke. (http://www.dependency.net
· Ritalin can block small blood vessels over time in /learn/lorcet/)
abusers who inject the drug. Ongoing intravenous use Lortab
can a/ so expose the abuser to various blood-borne
i
(http:// www.dependency.net I
\
viruses, such as hepatitis Band C. /learn/lortab/) I!
Methadone !
(http:// www.dependency.net \ \
Treatlll8nt for Rtalin Mdiction /learn/ methadone/) l
Methamphetamine I
Ritalin abuse treatment can be complicated by the severe ( http:/1 www.dependency.net [ I
psycho I ogical dependency that abusers experience, which
/learn \\
can cause them to exhibit psychotic behavior when taken 1methamphetamine/)
off (http:// www.drugs.com/ sfx/ ritalin~side-effects.html)
Morphine
the drug. This behavior can manifest in life-threatening ways
that may be too complex for an untrained individual to
(http:// www.dependency.net
I
•
/learn/ morphine/)
handle alone. People who are interested in~ nding
i '
Narcotic ! 1l '

(http:/ 1pubs.niaaa.nih.gov/publications/ arh22-1
(http1 I www.dependency.\e-61
/44-46.pdf) inpatient or outpatient servi#Tweet
C Subscribe or renew to PPM

• Methamphetamine Urine Toxicology: An In-depth Review

By Michael DeGeorge, Jr., PhannD Uauthor/11339/degeorge-jr) and John Weber(/author/llJ1l1pathetic nerv . . \ i

•
system, so it is not thought to possess dd' . - . a us system but has lJttJe activity in the central nervo,•s i ;
. . an a tct1on potentw.l anywhere near that of th d . . \i
few phystologtcal effects is vasoconstriction, which mak . e -methamphetamme ISomer. A.lnon¥, iq.
es lt useful for nasal decongestion.! !I

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(http:/ /www.p~actlcolpainmanagement com/sttesfdefaultffiles

/llnagecache/liglttbox·large/ltllages/20% of the\\
total is c~nsidered ~nclicative of a source other than an OTC product qt a
metabolite of seleg1lme.9 These sources could include a prescription\ i
medication or illegally .m~nufactured methamphetamine. If the patie\jt
does not have a prescnptwn for a drug that would result in > 20% 'I
d-methamphetamine, illicit use of a diverted prescription product or \: "
street methamphetamine should be considered as a source. ~
A recent study by Esposito et al published in the Journal of Analytical\
(http f fwww practicalpaaunanagement.com/sites{default{files Toxicology showed that d-methamphetamine percentages often were
'unagecache/hghtbox-1Drgejimages(zo 12 t 11 / 2916755019 _ 1_opt.jpeg) few percentage points above or below the expected value based on the
standard solutions they were testing.g This was due to impu nties m ~·'
some of the denvatizing agents used. When interpreting test results, a clinician should consider that the result might never be \
roo% d or l1somer due to these impurities. Esposito concluded that the >20% d-methamphetamine guideline is still relevant an :
I
appropnate based on theirfindings.g 1\;
Sununary
lllicit methamphetamine availability and use poses a serious health risk in the United States today. If abuse is suspected, urine ·~~
drug tests are available to help clinicians detect its presence and intervene in order to optimize patieot outcomes. There are a few \
distinct sources of methamphetamine. Using current methodology for urine toxicology testing will allow clioicians to narrow do~i
tl-:e possible source of a positive result and assist them in managing their patients accordingly. \'
,I
VJew Sources [/treatments/ pl:armacological/ non-opioids/ methamphetamine-urine-tax icology -depth· rev iew#fieldset)

•
j r

F1rst published on: November 1, 2012 '
i'

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··· -·-•••••(•"~""• .... ••••.,...., VI U6 L'-",H • l't"lt;;U:)\_...tlctl http://www.medschat.conV JJJscuss/ Will- L-pass-a-methamphetam me-

Will I Pass A Methamphetamine Drug Test

•
88 Replies Updated Wed. Apr 29 '15, 5 31 AM

Home Drugs: M > Methamphetamine > Discussions

Conversation Starter

Angela Says:
Sun. Aug 21 '11, 3 39 PM

For the last two weeks ive been smoking meth, nomore then two grams throughout that time.
Havent touched it since yesterday aug, 20th. I have to see my probation officer on sept, 2nd
and will be getting drugged tested. Here's another thing lm prescribed Adderali 20mg and
never had a problem passing test, now that I have been using methamphetamine this month,
will 1t trigger me to have a positive drug test even if the meth is already out of my system?
Whats the longest time meth has stayed in someones system? What can I do in 13 days??
Please help!

Showing Replies 1 ~ 20 of 88

~.-. Verwon Says:
~ Thu, Aug 2!i '11, 11·15 AM

Though it can vary from person to person, depend·1ng on their own individualizing factors,
Methamphetamine is generally detectable for approximately 5 days, after use in a standard
urine test

However. as to the longest time it's been detected, the answer is a lifetime. There is no
explanation for it, but traces tend to linger in some people, even with just one use.

As to the Adderall, the Amphetamine salts in it can caus~_,9.fal~ positive for ___ .. ----
Methamphetamine_,__ ____ ._____ ..-----· ...
. ------ .. -
http:i/www.medscllat.com/wiki/Adderalll

http://www.medschat.com/wiki/Methamphetamine/

___Are there any other questions or comments? _, ../

""} Frank Linn Says·
,;/,.. Thu, Aug 25 '11, 1·22 PM

Meth will not show up on the piss test after 13 days. , .
they will see the meds that you have a script for, as long as you have proof you re 1n the clear.
Allthough, if anybody does a hair test on you you'd be toast... unless you shave your head.

":t Angela Says:

•
v· Fn. Aug 26 '11. 6 10 PM

2 of 7
•

Exhibit 11

•
-· --·--·--·- - - - - - --tt------

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: \

•
\
ii
THE GRAND JURY, for the County of Bell, State of Texas, duly selected, empaneled, sworn, cbarged; and\\
" . ll
organized as such al the January Term, A.D. 2005 of the 27th Judicial District Court for said O:Junty, upoo their oatW
i!
present in and to saic;l co_urt at said term that \:d

TBOMAS RA¥MOMD CABR
"li
r
hereinafter styled Defendant, on or about the 18th day of June A.D. 2004, and before the presentment of this lndictnfnt,
i
in the County and State aforesaid, i
I
did then and there cause an object, to wit: a "dildo" to contact and penetrate the anus of J ~ ,a
child less thau 17 years of age and not the spouse of the said Thomas Raymond Carr, and the satd
Thomas Raymond Carr operated in concert with Tammy Bishop during the same criminal ~isode,_ and
II
the defendant did provide to and administer a controlled substance to the said J d M Wlth the wtc:nt \I
of administering said offense I~
i',I
i~
'I
!I

against the peace and dignity of the State.

•
District Attorney 27th Judicial District ofTCUS

·- ----~--~-· ... ~.··-"'·"-'.!'·~=-=·--""'·""-''..~.""'-'''-"""~·- - - - - - - - - - - · .
'I,
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THE STATE OF TExAs 1, _________________________________________ ~·--

CoUNTY OF HELL li
•I
~

•
ii
I
of the District Court of Bell County, Texas, do hereby certify tha the
withln~d foregoing is a u-ue and correct copy of the original Bill of lndlctmcnl, t'Ued in s:tid Coun on the ',,
day of A.D., 20 ___ , ln cause No. , style
:til>
-o
;JQ Jl[
STATE OF TEXAS § 0 r1
COUNTY OF BELL § -o
:X
m,l :I

N D'i
COURT:9RDERED AFFIDAVIT
(in Cause Numbers 57,557-A and 57,558-A)
......
- ases, pornography cases, etcetera, he
soever Lrom thQ.se computer record h !! h d
on your c~mputer on the hard drive jn the unallocated s~ac:t ct~c:er fo~nd
saw JUJ evitk.nce whatsoever rtlz · . ' a, -!
cril~U!£, did he not? or an u er t.nvestz ation o an other
A: Yes, sir.

Q: ·
4
"i "!'
he 5 he would testify to thm and that was one of the detectives who
wor ed this case, correct?
A; Yes, sir.

Q: !s there ano/·complaint tha1t:ou've got regarding mv (aiiu.re to do a.nvthirtg
m pr~mu.ation o(any possible defense in tltis CCJ§e~?
A: No, srr.

This 'plea colloquy' between n~yself jllld Applicant~ addresses (RR V 1-pp J6-17)

my development of the 8j)o1i~able LAW, regarding which the following explanation

should - better than mere quotation of the plea colloquy - i.llustrate my effons thereon:

In addition. to s.uc£essfully getting STRICKEN from the CAPTION of
the Indictment (i.n. Cause No. 57558) the 'nwiester'-branding aJJegatkJI:t
'(Aggravated Sexu~l Assault] OfA C'hild~ and ALSO forcing AMENDMENT
of that Indictment's allegation of specific intent, I HAD ADDITIONALLY
ATTEM;PJ;ED TO QUASH SAID INDICTMENT yls a vis a contentiop that
.the law of parties would have to be relied upon to hQld Ag,Qlignt criminally
responsible for (his common law wife) TA.MMY BISHOP's an.aJ dildo-
penetration of the l.ntt!pt;/} 16 year old) victim (tmd two J4 year old extraneous
victims) - my client's ruain defensive claim being that he did not personally
dildo the victims and only FILMED it). Tllh."N (so my argument ran), this
'Parties-Prosecution' of a lnd degree offense would be boot-strapped into a 1st
degree 'Operating-.In-Concert' case W 1THOUT THE REQ[/ISJTE factor of
any ADDITIONAL conduct. I advised my client, Applicant Thomas Carr,
Affidavit-Page 3 of 22

• fl

,,p
i:

• that 1 had done my best to build reversible error into the Record
TRIAL foJiowed by an app l b ha -
... th
- In .e
f
event o a
li
'
'

TAMMY' - ea - ut t t, ag Thomas himse}f kept complaining,
. . . s NOT HAVING BEF~N INDICTED FOR A SEX OFFENSE (or as
a C()-defendaot) would probably doom any appeal or collateral attack based
upon sajd issue; AND TRA 'f - as I put on the Record m
. the ptea coUoquy

(RR-Vl, pg 17)- AppJjcant' s judicia} confession to the gpzpyi¢ indictment,
aHegiug th1M Jl,Ji administered the drug to the victim with the inteut of
'facilitati·1U! COif'l.mission of the penetration of the aiUI.S ()j [the victim}' ~l
would D.li~E4.1' ~ny appellate contention that there bad been reversible
error in t·be trial court's denial of said motion to quash.
fi'Nl = ~&!~ il~P.dmen,t substituting the phrase 'facilitating commission
of the penetration of the anus of [the named victim]' for the
original allegation 'with the intent of administering said offense',
g~ew out of another attack by my motion to Q.«&jh.

There were many otber issues, factual and legal, that I dealt with, constantly
(when Applicant wasn't either at the Vernon State Hospital on competency comt::llitment
or elsewhere, at the San Antonio Dominguez Unit, etc.) over the 2J.nwn!h duration of my

representing Ap.pl1cant, a jew of which will be touched upon hereinafter. Suffice it to
say that, when he was at the Bell County Jail, I was NOT visiting Thomas for the purpose
he would have the Court believe (that of getting him to enlist cellmates as my clientele),
but, rather, because I was constantly addressing his problems and needs, attending to his
medical issues (infn~.) AND to the problems of his parents and chi.ldreu (infra) growi.ng
out of his and Tammy's incarceration. While this might seem irrelevam to the manner in
which I discharged my criminal-case representation responsibilities, the point is that
J\pplicant has fabricated a picture tbat 1 'never counseled' him, ~never did anything to
represent' him, and 'just sat ther.e and got [him] to sign a plea, with broken promises (I]

would appeal [his1 case' (infra).
For example, Thomas viewed the yideo 1'\VlC::&;.- not just immediately before
signing up for a guilty plea, but, also, months before that; and on bo(b Qfthose twO
Affidavit~ Page 4 of 22

•
• occasiotJ~ he .heard H!MSELF
. GIVING
· DiRECTIONS
· AND I SSUING THREATS,
as, for example, that lfthe juveniles resisted the anal penetration that he wanted to film,
then they would have to perform Fellatio upon him.

. Aild as (or his como,lai,nJ tlwt I never showed him Tammv Bishoo's alleged
.. ..stateme-nt. well
wntten · • NEIT.f-T'GR
. · uu. had "'ed
'7'
Potter-
. •
for thirty years the kingpin of the
centraJ Texas criminal defense b;u- and APPLICANT'S PREVIOUS ATTORNEY (whom
I had substituted in for)- been able to get tlu Stgte to give it up_; it wa.m 't suuuwrily
disco.ver.ub,le
• (Tammu;r NOT bang
· a. co-rJe·f. ..1~ 11
:,~enuant1. I had. moreover, gpne to tbe
jail to intcryien; he~ - and she decided not to di,fcuss anvthing with me (although my
stated agenda was merely discussion of their children's visitation with Applicant ·s
parents/ the children's grandparents).
As for his boast of having gotten 'quite a few people to fire their lawyer and hire
[me]', that grew out of his and his cellmates monitoring the block-long walk from my
off1ce to the jail; 1 do not deny benefiting from the earned reputation of a lawyer who

rer:ular-lv visits his cLients.
As for the State threatening Applicant with' 17 {seventeen} indictments' AND
my supposedly ~nat responding', I bad previously told Thomas that by MY COUNT, ; 1

:'
there were indeed FIFTEEN, bnt not seventeen, possible total charges, SOME OF
WIDCR- if not ALL of which- he should EXPECT to receive stacked I consecutive
IN THE FINAl, ANALYSJS, THIS- and !!:fl1. the bleak prospects
sentences for!
of .an Appeal, Q! anytbing else- was why I advised Applicant to w.aive trial, waiye
direct appeaJ a.s well as collateral attack, and plead guilty. I would have loved to 'i
! :
nave tried that ca.'3e, as winning it wou1d have been. a big feather in my cap; but 1 owed it

to roy dient to make him see reality- that we wouldn't win 17 (or even JS) times; and
that any jury who might buy the State's argument that Tammy's cooperation as a witness
should condone Thomas taking aH me blame, tbat would be a jury that WOULD 'MAX' I .

HIM and aiso recommend consecutive sentenci.ng. AND TI-lAT 1S WHY 'fHOMAS l' I'
ACCEPTED THE STATE'S OFFER. After a.U, it had taken me 23 months to get it do·-'lll ! i
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1.0 thirty years; and it wasn't going to get anything but worse\ \ \
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Affidavit-Pagi! 5 of 21 I
11 1

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• Fmally, as for Applicant's claim of having been on 'psychiatric medicati n [ d]
scared' and supposedly not allowed to talk to his family before JM Jri,.,~ a d . . t
o an ...
tl
. . ·~ ectslon o accept 1e
offer or reJect lt., well, simply put, neither was th"' case.
... He knew beforehand wluu the offer
was and that I could not. et beuer one - and ad
the assembled Jhree ju,venil~ .AN}) their Parents, letting them know that in any trial I would be
altcmpti.ng to litigate the juveniles' previous drugging and boozing - AND ASKlNG THE
JURORS 'Where were the PAREN'lS?'
As for the psychiatric medication, that was the I
result of Applicant overplaying his hand at Vernon State Hospital, refusing to particip te in ,.I
11 r
intervie.ws by the d~agnosin{f.'!!!'. doctor (actually calling him an insulting oame whicb he i~
fr
stupidly joked about. in a leng distance MONITORED phone cal.l to me), AND being observed !I: ~
!.i
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demonstrating hidden cognitive abilities AND consequently classified as a malingerer who n
should be rttumed to Bell County with medications for 'Ps_ycho£k Disorde:r'. Truro was, il
Tn.o.mas was constantly mlUJ.ipulating, bul.in complete control; witness the unusual consistency
of his very dear, cursive sig.narure on the plea papers.

FNl: I even tried to f.!llJJSJ1. bis discharge and return to competency, by arguing that the
psychiatric reports had not been authored by a doctor who had PERSONALLY
imer.:vi~..ed this 'Malingering ... Personality Disorder' pati.ent. :I
'1
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, I
ln closing, I must comment further on something onty touched upon hereinbefore. :i
Applicant knew that 1 had grnter
i
·
to his 'threat' to return addiuonal · ·
mdit.tments an d s'T'ACJ{ ~" defendant i{ I
.t.n.
I!
Affidavit-Page 6 of 22 I!
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• he wem to Lrial, WALDMAN DID INDEED OBTAIN A SECOND INDICTMENT and try
thaJ case to another jury, with the result that the defendant who had only three years to do
after the {irsz trial WOUND Uf STACKED, with twentv-three years to do after tbe second
trial.

FN3: Th~c; revelation was significant to Appucant, as well as myself, because said
auorney Ted Potter had represented Applicant prior to my being retained.
!n shon., it was my considered judgment- aud adviee to Thomas Raymond Carr- that he
take the State's offer of a thirty year punishment recommendation, waive appeal a.nd
NEVER breach his pl.~a ba.r:g.ain by attempting to get habeas relief. Apparently (?),my
former 'Client.& Rr.-U;nd' (as his letters refer to himself) h!1now for~otten the TWO
'DISCLOSURE 01EOVSLY WENT OVi:"R IiVERYTHJNG'AGAIN, MAKING SURE THAT

APPLiCANT, THOMAS R.4 YMONJ) CARR VNDERSTOOJJ - AND TOLD M.f:.' THAT He

UNDETtS1'001J - EVERYTHING THAT liE WAS SIGNIN&:

While my request for compensation addi.tional to the initial fee WAS based on

my COD ti:Jll.U.,in..g efforts to (1) lower the State's "Plea Offer while (2) bu.itding
whatever defense was available AND (3) attempting to inject reversible error into tht.:

case, i1 Wt.L.\' JU!:Iler _staJ&tj hv me, OR u~od h\! either Tho'WJS or his fnJher ~~.
I
that there would be an. appeal" irresp-ective of whether the defendant might tli
I·

plead 'Guilty'! n
It was always understood that I was working to generate the BA.SJS l!
tor an appeal sho~ld one become necessary; and wben Thomas W A.IVED both direct !i
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appeaJ and collateral attack in ol'der to get the benefit of the thirty-year punishmen1 ~\
"
recommendation, NEITHER he NOR his father Lowry tbougllt that I would be

faiiug .secuior Kimball not to lower his plea offer (particularly to the point th.at I a.lone il
q
finally got him to}, Kimball's intent to return l7 indictments I seek Stacked 'I
!I
.sentences, AND my never-ceasing ~ efforts on Thomas's behalf.
7
1
FN7: Getting hi~ 15 rather than 20 years in the 2"d degree case facilitated a possible
parole after servmg only hal[ of his time on the 3 fJ..vear sentence (RR- Vt-22)~

"As regards .tb.eCourt's designated factual issue NUMBER 7 (seven), other

facts pertinent to resolution of Applicant's PetiLion are as follows: I spent manv hours

(confirmed by the plea coiloquy betweeo prosecutor Kimbg]l & ApplicantRR-Vl-lSct ~q.)
:\
tending not only to Applicant's personal issues, but alsQ- at Applicartt's request- to l1
.,:I
those of his parents !!!;!!l children, issues growing out of Thomas's and Tammy's ..
il
;!

incarceration (infra). Mores residence
Cfrom six P.M. Friday to four P.M. Sunday, lwice a
·hi b CPS ·
- - w c · was saymg was 'a crime scene' and had some

waH damage (which .Skip was in the act of repairing). And tllis role as intem1ediacy

between the CARR and BISHOP fami.lies had me also dealing w.ith Potter QJ:.Lowry' s

fanner CU$tody attorney (Lowry wanted me Jo get a REFUND from Potier, a11d I !li!!)

and with Potter's then-associate, DAN LIC.rHT, from whom I obtained such ofPott~'s
criminal-case file material as ~-;~~ (informing Thomas that it wa:; not a

defense that he, Thomas, had wrongly believed the indictment-named victim to be an

ADULT); a.nd Thomas was meanwhile sending me letters, from where he was elsewhere

incarcerated. regarding a Bar grievance against Potter (whose written advice to him T'd

• Lbought qu.ite S ! :
(by Tom's own story) 'eating AND crushing up and snoning'. Whence the Se[!t. 19 . i
:'

(2006) fllin.g of my 'Motion For ContiJJuance' setting out the following:

1. The St1l;te had-.faih~d to comply with the Court's pre-trial ruling requiring
th·at Defend.ant be g.tven a list of case-in-chief wi~n~ses 'M l~ter than
four-teen d-ays ·pr-ior to [our scheduled OctoberJtrtal - hampenng our
ability to timely confer .... ; .
2. The State had concomitantly failed to honor a prom1se to the Co~rt. to
; l

provide Defendant- twenty days prior to trial- specifi~ ~rescnpuon
recor-ds oftbepreviously herein mention.edfatb.er ofthe mdlctroent-111UJ1ed
victim.
. . REVERSIBLE ERROR into the Record
Hence, I had again done my best to lllJCCt .

!!J the event_ that we be put to trial without the requested continuance and DISCOVERy;

•
AffuW.vit-Page 10 of 22

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• and this was explained to A: l' b .
~p Jcant efore he decided
:
to enter a Gu 'lt
~
l
Y pea.
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''
i

i

A
roser:ulor
(AFTE . ·
R mme and Applicant's meeting with Detectives Dugger and Sinunoos, then with

prosecutors Kimball and Waldman) !!{'the. medical records that that we bad
req.u.ested'!

Finally, it is also on the Record (RR.-VI-27) that there was NO Lab Re,gon;

and confirmation as to the 'Methamphetamine' classification of the controlled substance

came fi·om 'the victim's blood', Regarding wh:ich I would observe tha~ it js hu.rdip ..f.
r1.
ineffective assjsla!,l,c.e tg..fa.iJ lo.~e.t di~coy.ery of that which never exist!?(!. And it :·1
:l
was a strategic decision on my part- a decision proven sound by obtau)ing a fifteen l,,
II
:i·'
year (rather than tw.enty yea.r) recommendation on the second degree case- NOT to :j
,.,
l~
'I
':
ran kJe the prosecutor by insistence on seeing tbe medicaUy documented blond-work. ! ~

.: .'

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In dosing, l did everything I promised to do- and much more than what tbe

Carr fainiJv would have obtained from most attorneys; and it is because of my

sLeadfast efforts on behalf of Applicant, Thomas Raymond Carr that he obcained

the prospect of being paroled after ONLY FIFTEEN (rather than twenty) years - a
.
a prospect that I lwpe he has not forfeited by this improvident Writ appiicatwn. "
___ ,.

FIA.NT, h , "M ontgomery J r·.
C.ERTIFlE,O COPY SBOT 1428800 Tel. 25 4-98 6- 2531
DOCUMENT ATTACHED IS A
TRUE & CORRECT COPY
~400 Seven Coves Rd., Temple, TX 7 6502 - 65 ~ 1
I

•
Of THE ORIGINAL ON FILE A.ffidu:vit-Page 21 of 22
~ .~
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APR 11 2013
SHELIA F. NQRMAN
\1rl.
! !

® DISt..RJ.CT CLE
BY.&.::wv
, B~Ll ~ TX
't'.o~UTY
I.
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• b
SUBSCRI:B·ED AND SWORN TO , before me, the undersi n d N
Y the above rulmed Affi
,tf 4~l~t
g e otary,
(as knnwn H> me or identified by Driver Li~ense), this

the / (/ day of ' • '2013.r

DEBRA KAY STURTEVANT
My Commlnlon ~lll~s
July 25, 2013

~
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h
t'.
r

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CERTIFICATE OF SERVICE

Tb~ is to certify that •• this th~~My of April, 2013, a true and correct

copy of .tbe for"lloing •coun-G·+ IN-~-·· -J, 1J 1-t \ .
(ll) A 4-3-0Sletter headed "Dear 'Monty'".-~ h., \ ~ \ , ;1..-·l-__s ? f::'" I"' •./ ~) lfi •·\;.:~>
(12) A 3-24-05 Killeen riews clipping headlined "Heights man indicted on charges of
drugging, raping 16-year-old".
(13) A 3-25-05 Temple clipping headlined "Harker .Heights man may face life
in prison for meth, sexual assault" and picturing DefendfoR.t's mug-shot.
( 14) A 4-16-05 letter headed "Dear Monty". e
'f'.J ~ \ "'P(. (
( 15) A 4-23-05 letter headed "Dear Monty". tltvu
t{~ pr c.sr .· D r. a· ,....,/ \r. y·:v
(l6)A5-l2-05letterheaded"'Monty'". Qr-,;-~.·?_ ~ v·r ·-,'):.:
.,
2013 "Court-Ordered Affidavit .... ". For example, I apparently filed therein the
original - keeping no copy - of Thomas's 12-31-061etter (therein denominated
"Exhibit Five"); and there may be other such instances.
As for the accuracy of those comments herein whereby I did you the courtesy
of alluding to the significance to me of any given document herewith provided, it
must be borne in mind that the case is nine years old, my memory may be wr·ong
due to the passage of time; and your (Timothy Tesch's) signature hereon will NOT
be taken as indicating agreement with my conclusions. You are merely confirming
receipt of each of the foregoing documents .

•• Receipt of the Foregoing is hereby acknowledged by signatures of the undersigned.

EXECUTED June~h, 2014 by ~ !7&£::~
MEDFO ~Agenr or
SHAIN A and
subject to inspection by Timothy Tesch

EXECUTED June_, 2014 by
ATTORNEY, TIMOTHY TESCH
(SBOT # 19808200)
Attorney for Thomas Raymond Carr

Receipt-Page 6 of 6

NOTHING HERE. FOLLOWS
•

Exhibit 14
•
VVUULC JCV,....AKU)'

Bill of Rights

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of war or public danger;

nor shall any person be subject for the same offense to be twice put in jeopardy of life or
limb;

nor shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of taw;

nor shall private property be taken for public use, without just compensation.

The
BILL OF RIGHTS

-DOUBLE JEOPARDY
No person, for the same offense, shall be twice put injeopardy of life or liberty, nor shall a
person be again put upon trial for the same offense, after a verdict of not guilty in a court of

• ·urisd· ·

No per.soA' for the same offense. shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same
offense, after a verdict of not guilty in a court of competent jurisdiction

Art. 1.10. [8) [9] Jeopardy

No person for the same offense shall be twice put in jeopardy of
life or liberty; nor shall a person be again put upon trial for the
same offense, after a verdict of not guilty in a court of competent
jurisdiction.

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

\
Art. 21.13. [407] [463) [4

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4065663. Public record. Not legal advice.