10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME TRIAL COURT CAUSE NO. 366-80296-07 THE STATE OF TEXAS ) IN THE DISTRICT COURT ) ) vs. ) COLLIN COUNTY, TEXAS ) RICHARD HOWELL ) 366TH JUDICIAL DISTRICT JESSIE SSI ISIE S OS IIIS IIIS IIIS IOI IIIT EXCERPT TESTIMONY OF CRAIG WATKINS On the 27th day of August, 2010, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Judge White, Judge Presiding, held in McKinney, Collin County, Texas. Proceedings reported by computerized stenotype machine. Tonya Lebo, CSR #7891 972-998-587810 12 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 APPEARANCES MS. CRYSTAL LEVONIUS SBOT NO. 24042411 MS. JO'DEE NEIL SBOT NO. 24039848 COLLIN COUNTY DISTRICT ATTORNEY'S OFFICE Collin County Courthouse 2100 Bloomdale Road McKinney, Texas 75071 Telephone: (972)548-3659 Pax: (972)548-4388 ATTORNEYS FOR THE STATE OF TEXAS MR. C. TONY WRIGHT SBOT NO. 22025500 THE WRIGHT LAW FIRM, P.L.L.C. 900 NORTH ZANG BOULEVARD Dallas, Texas 75208 Telephone: (214) 855-5055 Fax: (214) 942-7227 E-mail: [email protected] ATTORNEY FOR THE DEFENDANT MR. JOHN H. READ, IT, P.C. LAW OFFICES OF JOHN H. READ, II, P.C. SBOT NO. 16626300 900 North Zang Boulevard Dallas, Texas 75208 Telephone: (214) 760-9999 Fax: (214) 942-7227 ATTORNBY FOR THE DEPENDANT Tonya Lebo, CSR #7891 972-998-5878 Page 210 1 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 Page 3 CHRONOLOGICAL INDEX VOLUME 1 OF 1 VOLUME EXCERPT TESTIMONY OF CRAIG WATKINS Page vol. AUGUST 27, 2010 DEFENDANT'S WITNESS direct cross CRAIG WATKINS 04,47 09 1 End of excerpt....... seeeee ag 1 Court reporter's certificate...... Tonya Lebo, CSR #7891 972-998-5878Page 4 PROCEEDINGS (august 27, 2010, 10:24 a.m.) MR. WRIGHT: Call Craig Watkins, Your Honor. THE COURT: All right. Mr. Watkins, you've 10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been previously sworn, you remain under oath. Have a seat up there, please. CRAIG WATKINS, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. WRIGHT: Q. Good morning. A. Good morning. Q. Would you state your name, please, sir. A. Craig Watkins. Q. Mr. Watkins, what is your profession? I believe you're an attorney? A. District attorney for Dallas. Q. And how long have you been the district attorney for Dallas County, Texas? A. Three and a half years. Q. I commend you on your diligence in seeking -- getting your integrity of your office, okay? A. Thanks. Q. Sir, prior to you becoming a district attorney, Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 did you have a general practice? A. Yes. Q. And as such, did -- from time to time you did some criminal cases and you did some civil work and estate type work? AL Yes. Q. And back in 2006, prior to being elected, do you now recall, briefly, having some contact with Richard Howell and = V1C7T|M. and Lameshia Howell A. I do after conversating with you and prosecution, yes. Q. Okay. And were you also a notary public? A. Yes. Q. And do you recall, now, meeting with a Lameshia ve and VICTIM _? A. mean, I don't remenber the meeting. I know you have a document, you've shown it to me, and I prepared that document. I would assume that I notarized it on behalf of your client. MR. WRIGHT: May I approach the witness, Your Honor? THE COURT: You may. Q. (BY MR. WRIGHT) Sir, let me show you what's been admitted as Defendant's Exhibit No. 3 and ask if you can identify that document. Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 6 A. It's an Affidavit of Non-Prosecution. Q. Now, tell the jury what Affidavit of Non-Prosecution is. A. Basically, it's a sworn statement by an individual concerning information on a particular issue, usually in a case. And the affidavit, basically, says that the individual is not interested in pursuing the case. Q. Okay. Would you look at Defendant's Exhibit No. 4 and can you identify that document? A. It's also an Affidavit of Non-Prosecution. Q. And is that from the mother in this case? A. It's from Lameshia yes. Q. 1s there anything wrong, in your opinion, with you preparing those documents from a 10 or 11-year-old child? A. Well, I mean, it's no different than, from a legal standpoint, a child testifying in a case, a trial. It's pretty much a sworn statement. So there's no difference. Q. Has that form of Affidavit of Non-Prosecution been around ever since you were a rookie lawyer? A. It's been around ever since I can remember, yes. Q. Would you browbeat a child into saying something - 25 No Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 Q. ~~ that wasn't true? A. No. Q. Would -- did you order that child to sign that or tell her any words or force or coerce her to sign it? A. No, I can't tell you specifically on this case, but I can tell you, as my normal process, I wouldn't do that. Q. As a matter of fact, you have never done that, have you? A. No. Q. And you wouldn't do that, would you? A. No. Q. So just from your standard practice, if that wasn't brought to you in a forthright manner, you wouldn't notarize it, would you? A. Well, obviously, you know, a notary is basically looking at -- basically identifying the person that's there. And it's -- and that's the responsibility, pretty much. But I can tell you, just on general principle, if I were of the opinion that, you know, there was some coercion there, I wouldn't have done it. Q. You really don't remember the facts of this case because you had so much on your plate; is that a fair description? A. I don't remember anything about it. 1 just Tonya Lebo, CSR #7891 972-998-587810 1 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 8 xemember when we talked and you brought it to my attention that I would have to come testify. Q. You reviewed the police report a month or two ago, didn't you? A. I don't know if I did. 1 did -- you did fax these to me. I don't know if I reviewed the police report or not. Q. The policeman got up there and said that he talked to you or you sent him those affidavits. A. Okay. Q. Do you recall any of that? A. I don't remember any of that, yeah. Q. It's the lawyer's duty -- the defense lawyer to zealously represent their client? A. Obviously. Q. What is the prosecutor's duty? A. To seek justice. @. Would seeking justice include presenting evidence to this jury evidence that the allegations were not true? A. That's exculpatory, so obviously that's a responsibility of a prosecutor. Q. ‘Thank you, sir. MR. WRIGHT: Pass the witness. L Tonya Lebo, CSR #7891 972-998-587810 a. 12 13 4 15 16 a7 18 19 20 22 22 23 24 25 Page 9 CROSS-EXAMINATION BY MS. LEVONIUS: Q. Sir, we met before on Monday, correct? a tea" Q. I'm Crystal Levonius, assistant district attorney handling this case. Are you currently running for district attorney, sir? ses" Q. And this is just kind of a housekeeping matter. Have you received any house -- or have you received any contributions from John Read or Tony Wright or the Read & Wright law firm that you know of? A. I would imagine if they're Dallas lawyers. I've gotten contributions from all the lawyers, so I don't know. Q. Do you know that if the first time you ran for district attorney if you got contributions from either of these attorneys or their law office? A. I don't know. Q. You run one of the largest district attorney's offices in the nation? AL Yes. Q. Is it fair to say you supervise the crimes against children unit or something similar? A. We have a person that supervises that unit. Tonya Lebo, CSR #7891 972-998-58781 2 3 4 10 12 12 13 14 15 16 17 18 19 20 22 22 23 24 25 Page 10 Well, you have a person that supervises, that would be a chief, correct? A. Yes. Q. And you're the chief's boss, right? A. I am the DA, yes. Q. Okay. You're the DA. So you kind of know what goes on in that unit, right? A. Pretty much. Q. and you trust the people in that unit? A. Yes. Q. You believe that you hired well qualified individuals in that unit? A. Yes. Q. And you trust them to do the right things on these types of cases? ten seu" Q. And you're also familiar with children's advocacy centers, correct? A. Yes. Q. And there's a children's advocacy center in Dallas? Aye tea: Q. And the Children Advocacy Center in Dallas and the Children's Advocacy Center in Collin County are run very similarly, correct? Tonya Lebo, CSR #7891 972-998-587810 11 12 13 14 15 16 17 18 19 20 22 22 23 24 25 Page 11 A. I don't know, I don't know about yours. I would assume they are. Q. Okay. They're all connected, that's why they're called the Children's Advocacy Center; are you aware of that? AL Yes. Q. In your position as district attorney and overseeing crimes against children cases that you run, you understand the importance of a forensic interview, correct? A. Yes. Q. And you understand that forensic interviewers are very well trained in the job that they do? A. Yes. Q. And as a matter of fact, one of the reasons we use forensic interviews is because that helps to minimize false outcries? A. Yes. Q. And one of the reasons is because they're an unusual fact finding party that -- that gets to ask the questions of the child? A. Yes. Q. Because it's important that a mutual fact finding Party be the actual person to question the child? A. Absolutely. Q. And that helps to maintain the integrity of our Tonya Lebo, CSR #7891 972-998-587810 a 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 12 cases? A. Yes. Q. Okay. And you understand also that children can be easily intimidated? A. Obviously. Q. And that's one of the reasons that we use forensic interviewers also, instead of, like, police officers? ry tih Q. But a police officer can be intimidating to a child? A. Yes. Q. Because, certainly, some children may be talking to a police officer and they might be aware that a police officer could actually get the perpetrator in trouble? A. Yes. Q. Okay. And a police officer could take the perpetrator to jail? A. Obviously, yes. Q. And also some children are told that police officers are bad people, right? A. Um. Q. Or don't trust the police? A. There have been instances like that. If you're thinking purely from what we do, yes, that happens. Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 Q. Right, right. And especially in Dallas. I mean, there are some neighborhoods in Dallas where, clearly, there are lots of children that are taught that you don't trust police officers? A. Imean, it's a broad statement, but, yeah, you can assume that, yes. Q. So even though, I mean, even law enforcement officer's goal is to do good, sometimes children are intimidated by them? i ey Q. And now you work with some of the finest police officers you know, correct? A. Yes. Q. And on a daily basis you work with some really fantastic officers? A. Yes. Q. Are you familiar with Detective Jeff Rich at all? Pe Cob Q. Okay. But even the finest police officers that you know aren't allowed to question a child, correct? A. In some cases they are, yes. Q. ‘They take the children to get forensic interviews, correct? A. They do. Q. And in despite of their terrific training and Tonya Lebo, CSR #7891 972-998-587810 1 12 13 4 1s 16 17 18 19 20 21 22 23 24 25 Page 14 despite how they're proud in their jobs, they still allow a forensic interviewer to do the questioning? A. It's part of the process, yes. Q. And we follow that process because we know the reliability of a forensic interview? A. Yes. Q. Then, I want to talk to you a little bit about the Affidavit of Non-Prosecution. In addition to supervising the crimes against children unit, you also have the domestic violence unit within your office? A. Yes. Q. Again, some very fantastic attorneys that work in that office? A. Same, yes. Q. And as part of their job on a regular basis, they get Affidavits of Non-Prosecution? A. Daily. Q. Daily. Absolutely, that is -- and you get more Affidavits of Non-Prosecution in the domestic violence unit than any other unit there is? ne Yes. Q. And really, that's because a lot of women that get beat up still want to stay with their perpetrators, right? A. Yes. Tonya Lebo, CSR #7891 972-998-587810 Pee 12 13 14 15 16 17) 18 19 20 21 22 23 24 25 Page 15 -———_— Q. And there's really no evidentiary value of the Affidavit of Non-Prosecution, it just says, "I don't want to go forward," correct? A. Pretty much. Q. So a woman can be black and blue, a woman could have somebody actually see her get beat up and still file an Affidavit of Non-Prosecution? A. Yeah, I think -- I think the responsibility from @ prosecutor's standpoint is to look at the totality of all the information, and that's just one piece of information. I think it would be irresponsible if we solely relied on an affidavit. We have to, you know, investigate the case, we have to do that. Q. Well, the affidavits that you've seen and that you get on a daily basis, they don't usually say the offense didn't happen, they just say, "I don't want to go forward with the prosecution"? A. Generally, they're boilerplate affidavits, you know. Q. And they say that, I mean, they always say something to the effect that "I understand that it's the State that brings these charges; however, I wish to let the State know that I don't want to follow through with the case"? Generally, that's the language in the affidavit Tonya Lebo, CSR #7891 972-998-5878Page 16 Q. Why do women who are victims of domestic violence still send ANPs or Affidavits of Non-Prosecution to your office on a daily basis? A. Several different reasons for it. I mean, in your earlier question you stated those reasons, maybe out of fear, maybe reconciliation, it may be true, I mean, the information may be true. There are several reasons that a person, I would imagine, would submit an affidavit. Q. Do sometimes those women rely on the Defendant, and so, it's hard to have -- A. Obviously. Q. Okay. A. Those are all issues that we have to deal with as Prosecutors when we are dealing with these sensitive cases. Q. Of course. And sometimes they rely on the perpetrator's income, correct? A. Yes. Q. And sometimes they rely on the perpetrator's help within the home? Yes. Sometimes women have children that they need help Yes. And they're willing to deal with being beat up if Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 their perpetrator can help them with the children? A. All issues that have to be taken into consideration. Q. And so, a; lot of times a woman will put up with a lot and will be -- put up with being beat up? MR. READ: Object to this line of questioning, it's irrelevant material to the issues in this case, Your Honor. THE COURT: Overruled. A. I think -- yeah. Cut to the chase, yeah, I mean, those are classic examples of a person that's in an abusive relationship. Those are all things that a responsible Prosecutor has got to take into consideration. @. (BY MS. LEVONIUS) And because the prosecutor does take things like that into consideration, we don't dismiss all cases where we get Affidavits of Non-Prosecution? A. No. Q. As a matter in fact, we usually go forward on most of those, correct? A. I wouldn't say "most." I mean, I think that we would have to look at it on a case-by-case basis. And when you look at that, you take into consideration all of the information and you make a determination on -- if you're gonna pursue a prosecution or not. I mean, that's, you know, you look at everything. Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 > @. And certainly, you would expect your prosecutors to look at everything? A. That's what we do, yes. Q. And sometimes your prosecutors get these Affidavits of Non-Prosecution, and even though a woman won't protect herself, they stick their necks out to protect that woman? A. Yes. Q. And that's the right thing to do? A. That's the responsibility of a prosecutor, we have to do that. Q. And so, would it also be the responsibility of a prosecutor if she believed that a child had been molested to go forward in that case? A. Yes. @. And, sir, do you have any children? A. Three. Q. May I ask their ages, sir? Twelve, nine and four. - Is the nine-year-old a boy or girl? It's a boy. A Q A Q. What grade is he in? A. The fourth. Q + Did he start school this week? A. Last week Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 Q. Last week? A. Yes. Q. What kind of things will he be learning in the fourth grade? A. You would have to ask his mother that. Q. Okay. A. Math, all science, yes. Q. Like math, this year he'll probably learn, like, long division, right? A. I'm sure, yeah. Q. Okay. He's gonna start to work on research projects probably, right? A. He started already. Q. And just based on, like, what your 12-year-old did as well, fourth and fifth grade is about the time when they start learning about Texas history, right? A. Yes. Q. They learn about Sam Houston? A. Yes. Q. And then also, as far as English goes, that's when they start learning about how to structure a paragraph, correct? A. Yeah, I guess. Q. And they learn about topic sentences? A. Yeah. Tonya Lebo, CSR #7891 972-998-5878Page 20 Q. And providing supporting details for those topic sentences, right? A. I would imagine. Q. Okay. And they learn how to read a story and then to be able to tell you what they read? A. True. Q. Okay. And they might be learning how to multiply, like, three or more digits, right? A. Sure, yeah. Q. Do long division, right? A. Do all that, yeah. Q. In this case, when you met victiM , she was ten years old, right? OO . I don't remember. : Okay. . To be honest. . And you don't remember her? . No. + She doesn't stand out in your mind at all? A Q A Q A Q A - No. Q. Now, certainly, I guess, now as you're running for district attorney, and even before when you had a private practice, you understood the importance of keeping good records, correct? A. Tonya Lebo, CSR #7891 972-998-587810 pe 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 21 Q. And it's important to keep things, like, case files? A. Yes. Q. And it would be important to keep any information you have regarding that particular case? A. For a certain amount of time. Q. Okay. and it's also important to keep things like financial statements? A. Sure, yeah. Q. Okay. As a matter of fact, as a member of the bar, they emphasize to us that it's important to keep good records, right? ee ten. Q. And they also emphasize to us that it's important to keep good financial records as well? A. Yes. Q. Do you have any files regarding this case? A. No. Q. Do you have any financial records regarding this case? A. No. Q. Do you even have your notary records regarding this case? A. No Q. Do you have a copy of the Affidavit of Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 22 Non-Prosecution from Lameshia A. I just have one that they just gave me. @. Do you have an Affidavit of Non-Prosecution from vicTiM OR. No. Q. Do you have the facsimile that you sent to Detective Rich along with the Affidavit of Non-Prosecution? A. No. Q. Do you have any records of payments made to you? A. No. Q. Would you have expected payment if you did an AfEidavit of Non-Prosecution for a particular individual? AL Yes. Q. Do you have any employment contracts with Richard Howell, Jr? A. No. Q. Do you recall who came to see you on August loth, 2006? A. No. Q. Do you recall if the Defendant was there? AL No. Q. Do you recall if VICT\M talked about what had happened to her? ee A. No. Q. Do you recall if you asked her if she had been Tonya Lebo, CSR #7891 972-998-587810 a 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 23 molested by this Defendant? A. JI don't recall the -- anything about this case, this affidavit. I don't recall any of it. Q. Do you recall if you asked her why she was there to see you? A. I don't recall any of it. Q. Did you ask her if she was there on her own free will? A. I would imagine I -- just the course of habit what we did on a normal basis, probably, but I don't remember anything about this. Q. So probably you would have asked her if she was there on her own free will? A. I would assume that, I don't remember. Q. Would you have allowed the Defendant and the Defendant's mom to remain in the room when you were asking her if she was there on her own free will? A. I don't recall any of that information. @. Do you recall if you asked her if she understood what prosecution was? A. No, I don't recall anything. Q. Well, certainly, even in your own experience with your own children, the word "prosecution" might not even be one of their spelling words in the fourth or fifth grade, right? Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 obviously. Because that's a big word? It is. Q. Would you have taken the time to explain to her what prosecution was? A. Generally, probably. You know, in any situation, you try to explain all that information when you got an affidavit to sign. Q. Would you have explained the entire affidavit of Non-Prosecution to her? A. Specifically, in this case, I don't know. I can just tell you that the general practice would have been to do that. Q. In the Affidavit of Non-Prosecution, you had an opportunity to look at it when you were being talked to by -- or talked with by the defense attorney, correct? A. Yeah. Q. There's a Waiver of Liability included in that Affidavit of Non-Prosecution. Could you explain to the jury what a Waiver of Liability is? A. Well, basically -- where is that in here? Q. I believe it's one of the bottom paragraphs. A. Are you referring to, "I am signing this affidavit voluntarily and not being coerced or threatened"? MS. LEVONIUS: May I approach this witness, Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 as 16 a7 18 19 20 21 22 23 24 25 Page 25 Your Honor? THE COURT: You may. A. This one here? (BY MS. LEVONIUS) This is Lameshia's. This paragraph right here. A. Okay. Q. And I'm directing the witness's attention to the second to last paragraph, which begins with the words, "I also understand." A. Oh, about the dismissal, is that what you mean? Q. Yes. And if you would, if you can just explain to the jury what a Waiver of Liability is. A. If they choose -- if y'all choose to have dismissed this case and it turned out that you dismissed it in error, then they are, basically, the person signing the affidavit is not gonna hold the DA's office liable. Q. Okay. And so, what you were doing for us is saying that if, in fact, we dismissed the case and then he molested her later on, she couldn't come sue us or something like that, right? A. Well, I mean, this is a boilerplate affidavit. I mean, I don't think I was specifically doing anything for the district attorney's office. This was just a simple affidavit and that's a part of the information in it. so I don't, you know, recall the rationale or reason behind any Tonya Lebo, CSR #7891 972-998-5878Page 26 of this. Q. But you had v\CT|M, you had a ten-year-old sign that affidavit with the Waiver of Liability paragraph right? AL Yes. Q. And also, you would agree with me that means that if she was signing away, even though it's really not a legal obligation, you would agree with me, right, that it's not a real contract or anything? A. It's not. Q. Although you included a liability waiver that said that she wouldn't sue Collin County or the DA's office if this Defendant, in fact, molested her later on? A. Boilerplate affidavit. Q. Your boilerplate affidavit, right? A. Yes. I would imagine that they're in all affidavits pretty much. Q. And certainly, although it's a boilerplate affidavit, you were getting paid to prepare that affidavit correct? A. I'm sure I did, yes. Q. And so, you could have removed anything in that affidavit that you chose to remove? A. Yes. Q. You could have also included any language that Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 you chose to include? A. Yes. Q. And you chose not to include any language that would really, I guess, protect y|(1iM? A. No, I don't know why -- look, again, 1 specifically don't remember anything about this, this affidavit, boilerplate affidavit. There's no -- I can't give you any testimony as to why anything was included or was not included. I don't remember. Q. Okay. And, sir, I'm gonna have you look at both affidavits. and also, if you can tell me, there was actually something that was removed from VICTIMS affidavit, and that was the competency statement, or statement of competency, correct? A. Where was that? Q. Okay. I'm gonna direct your attention to ‘Y\CT|M' s Affidavit of Non-Prosecution. And if you will also lock at Lameshia's Affidavit of Non-Prosecution, hers states that she's above the age of 18 and understands, but that's not in V(¢TiM 's, correct? A. No. : ~ Q. So you did take the time to fix the boilerplate Affidavit of Non-Prosecution so that it didn't include the language that she was above the age of 187 A. I guess I mst have. Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 17 18 19 20 22 22 23 24 25 Page 28 Q. And prior to taking the affidavit of Non-Prosecution, did you contact Detective Rich about the case? A. I don't remember. Q. Did you ask the detective if he had any evidence that this Defendant molested VI(qiM ? A, I don't remember anything about contacting anyone. Q. Did you ask the detective for a copy of the offense report? A. I don't remember. Q. Did you call the forensic interviewer? A. Don't remember. Q. Did you think that it might be a good idea to know whether or not this was a credible outcry? A. I don't have any facts surrounding this case. I can't -- I can't give you what I thought because that -- at this point, I think maybe we just prepared the affidavit I don't have any information I can give you on that. Q. And you can't really give us what you thought because you didn't keep any of your records, correct? A. Well, no. Q. Well, you don't have any records? A. I don't. Additionally, if ¥(UtIM would have described Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 29 that you recorded her and actually gave here a statement to read, would you have that recording? A. I didn't -- in my normal course, I never recorded anyone, so... Q. In your normal course, does that mean that you don't specifically remember recording her? A. I don't remember recording her or anyone in my office when we did an Affidavit of Non-Prosecution. Q. If you don't -- you don't remember recording anybody. Did you have someone from the Dallas County District Attorney's Office call the defense attorney and ask them if they had a recording that you prepared? A. No. Q. Okay. So no one would have contacted them to ask them if you had a recording? A. I think they contacted our office and said that, yeah. Q. Okay. Did anyone from your office inquire as to whether or not the Defendant, or the defense team in this case, had a recording? A. I'm not sure. Q. And you've already admitted to us that you had a ten-year-old sign an Affidavit of Non-Prosecution. why would you put pressure on a child to decide whether or not their perpetrator should be prosecuted? Tonya Lebo, CSR #7891 972-998-5878Page 30 A. I wouldn't do that. Q. Okay. Well, you had her sign a document that said that she didn't want to prosecute her perpetrator, correct? A. I didn't pressure her. I've never pressured anyone to do anything. So I wouldn't -- I wouldn't characterize it as pressure. I didn't.. Q. How tall are you, sir? AL I'm 6a", Q. Okay. So you're a pretty big guy, right? A. Yes. Q. And you're the defense attorney representing the Defendant at the time, correct? A. I don't even know if I represented him. MS. LEVONIUS: May I approach this witness Your Honor? THE COURT: You may. Q. (BY MS. LEVONIUS) Sir, I'm gonna show you what I've marked as -- or I'm going to mark as State's Exhibit No. 10 for identification purposes. Now, the document I'm handing you is a facsimile that you sent to Detective Jeff Rich. Does that look like your -- A. Yes, it says I represented him, yes. Q. Okay. MS. LEVONIUS: At this time, I'm gonna offer Tonya Lebo, CSR #7891 972-998-5878Page 31 State's Exhibit 10 into evidence and tender to defense counsel for inspection. MR. WRIGHT: No objection. THE COURT: It's admitted. (Exhibit No. 10 was admitted Q. (BY MS. LEVONIUS) So, sir, you represented to law enforcement that you had, in fact, been retained to represent the Defendant, correct? A. I guess I did. Q. Okay. So while you were retained to represent the Defendant, you took an Affidavit of Non-Prosecution from his victim, correct? A. Yes. @. And you asked her to sign the document saying that she didn't want to go forward with the prosecution? MR. WRIGHT: Objection, repetitious. THE COURT: Sustained. Q. (BY MS. LEVONIUS) Why would you put the burden on a ten-year-olds's shoulders as to whether or not she should go forward with the prosecution? What is the rationale behind that? A. I didn't put the burden on a ten-year-old kid Q. Okay. For her to sign that document, you don't feel like it was a burden for her to decide as to whether she should go forward with the prosecution? Tonya Lebo, CSR #7891 972-998-5878Page 32 ‘A. Well, you know, I -- you know, I -- you're asking me questions specific about this case. I can't answer that. I can say to you that based upon the information that I've been given, there's an affidavit signed. I didn't place a burden on anyone to sign an affidavit. I didn't say "You have to sign this affidavit." I presented the information, I would assume, to the witness, and they chose to sign it. @. Okay. So you presented -- you presented the document to UTI and -- A. I assume I did. -- she chose to sign it? Okay. With her guardian. Okay. with her guardian? Yes. It's your boilerplate Affidavit of Non-Prosecution, right? Came from our office, yes. Came from your office? Yes. And it was actually sent via facsimile to the law enforcement officer investigating this case, correct? A. According to your fax, it was. Q. Okay. Well, according to my fax it says that you have been retained to represent the Defendant, correct? Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 Yes. And it has your name on it, correct? Yes. And so, do you have any question that you weren't involved in this? A. No. Q. Okay. So you've indicated that the victim was there with her guardian, or you would have expected her to be there with her guardian to sign the Affidavit of Non-Prosecution? A. Yes. Q. Would it have concerned you at all that her guardian was actually the Defendant and a non-live in parent? A. At the time, it didn't. I would have gone through it if that was a concern of mine at the time Q. You would have gone through it, if you had a concern that -- Yes. -- that the Defendant was actually a perpetrator? Yes. Okay. Did you talk to the mother at all as far as -- A. I don't remember specifics about the case. I can just say to you this is what we did. And I don't remember Tonya Lebo, CSR #7891 972-998-587810 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 talking to anyone. I don't remember -- Q. So -- A. -- the Defendant or -- Q. The only way, sir, that you would have taken an Affidavit of Non-Prosecution from V\(CT\* is if you would have personally believed that | (| had not been molested? oo AL Yes. Q. Okay. But, yet, sir, you didn't contact law enforcement, that you know of, regarding this case, right? A. No. Q. You didn't contact the forensic interviewer regarding the case? A. No. Q. You didn't contact child protective services to get information about this case. A. I would assume I did, I don't remember. Q. Okay. But it's something you probably have never done, correct? A. In other cases, I have. Q. That you remember. But in this case, you don't think you did? A. I don't know, I don't remember. @. But you formed an opinion, somehow, that \/\CTIM had not been molested? ee | Tonya Lebo, CSR #7891 972-998-5878Page 35 A. I don't know, I can't testify to that. Q. In that case, sir, why wouldn't your Affidavit of Non-Prosecution, why wouldn't you have included whatever she might have said to the effect that, "I have not really been molested, so I don't want to go forward with the prosecution"? A. Because in an Affidavit of Non-Prosecution, it's not necessary. Q. Okay. Not necessary, but often included by attorneys, correct? A. If they choose to do that, yes. Q. But in this case you didn't choose to include any language that would have indicated to us or to anybody else or even to the law enforcement officer that you provided it to that she was saying that it didn't happen? A. I chose to use the affidavit that you see, I didn't choose to include anymore information Q. In that Affidavit of Non-Prosecution, nowhere in it does it say that it didn't happen, correct? A. No. Q. There is no where in there that -y\CT((Y\_would have signed that said "The Defendant didn't actually molest me"? A. t's not in the affidavit. Q. Okay. And it certainly doesn't say "The Tonya Lebo, CSR #7891 972-998-587810 a7 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 Page 36 Defendant didn't stick his penis between my buns," right? A. It doesn't say that. Q. You talked about the decisions that your prosecutors have to make every day as to whether or not they want to go forward on a case, correct? A. Yes. Q. And you said sometimes those decisions are very difficult? A. Yes. Q. And particularly in domestic violence cases, that can be difficult, right? A. Very. Q. And in child abuse cases as well -- A. It's the same. Q. -- very difficult decisions? sometimes prosecutors lose sleep over those types of cases, right? A. Yes, they do. Q. And we lose sleep because if we don't go forward on a case and a child ends up hurt or -- A. Absolutely. Q. -+ a woman ends up hurt ee ten") Q. -- we'll worry about that for the rest of our lives? A. Absolutely. Tonya Lebo, CSR #7891 972-998-587810 cE 12 B 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 = Q. Because there is nothing that hurts worse than knowing that somebody that you didn't prosecute hurt somebody else, right? A. Yes. Q. That is a burden that prosecutors who are well trained and adults carry. How could you put that burden on the shoulders of a child? A. I didn't. Q. You had a ten-year-old sign an Affidavit of Non-Prosecution, and you want this jury to believe that you @id not put the weight of that decision on her shoulders? A. No, I didn't. Q. What did you do then, sir? A. JI had a person come in and sign an affidavit. Q. What did that signature mean? A. That the person did not want to pursue a prosecution. Q. sir, I think we're talking in circles. A. We are. @. You had a ten-year-old say that she did not want to pursue prosecution? MR. WRIGHT: Objection, repetitious. Q. (BY MS. LEVONIUS) Did you not leave the decision up to her? MR. WRIGHT: I object to this line of Tonya Lebo, CSR #7891 972-998-587810 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 questioning. It's repetitious about five times over. THE COURT: I think it is repetitious. 1'11 sustain the objection. Q. (BY MS. LEVONIUS) Did you go over the Affidavit of Non-Prosecution with her line by line? A. I don't remember. Did you read it to her? I don't remember. Did you ask her if she had any questions? I don't remember specific facts about this at can a ten-year-old consent to anything in Texas? No. can they sign contracts? No. can they buy a car? No. Can they buy a house? No. can they get a credit card? No. But they can sign your Affidavit of Non-Prosecution? A. With a guardian, yes. Q. Can they consent to sex? Tonya Lebo, CSR #7891 972-998-587810 1 12 13 ry 15 16 a7 18 19 20 21 22 23 24 25 Page 39 A. No. Q. In this case, you were subpoenaed by the defense in early March of 2010, correct? A. I don't remember the date. Q. Sometime in March? A. Yes. Q. And at that time, I also contacted your office on a number of times to try to reach you, correct? A. I don't know. Q. Okay. Did no one in your office ever tell you that I was trying to call you? A. The first I heard that we talked was a few months ago or a couple weeks ago. I can't remember the exact date. @. S80 after -- so no one from your office ever told you about all the contacts I was trying to make to -- MR. WRIGHT: Objection, hearsay. MS. LEVONIUS: It's not hearsay. THE COURT: It's not hearsay. A. No THE COURT: But I think he answered the question. A. Yeah. Q. (BY MS. LEVONIUS) But you, in fact, spoke to the defense about this case, correct? Tonya Lebo, CSR #7891 972-998-587810 23) 12 13 4 1s 16 17 18 19 20 21 22 23 24 25 Page 40 A. Yes. Q. And you spoke to the defense prior to March 29th when this case was set, right? A. I don't remember the date. Q. Actually, I gave you the wrong date. It would have been April sth of 2010. A. I don't remember the date. Q. But you spoke to the defense about the case, correct? A. Yes. Q. And you gave them what information, even if it was very little information, to them, correct? A. I talked to them about the case, yes. Q. But you still never talked to me about the case, right? Le ctr Q. Around that time, in April? april, you never talked to me about the case, did you? A. I didn't know you contacted me in April. Q. Okay. Well, you knew I was trying to get a hold of you because in July -- or not July. Let me take it back. I started receiving contacts from Todd Sellars in your office on April 12th of 2010. Does Todd Sellars work for your office? A. Yes. Tonya Lebo, CSR #7891 972-998-587810 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 41 Q. And then I would have received an e-mail from Todd Sellars on April 13th, 2010. Does he work for your office? A. Yes. Q. And if I received another e-mail from him on May 7th of 2010, would you have any doubt that he would have sent me that e-mail from your office? A. I have no reason to doubt that. Q. And then I got contacted by Gordon Hikel in your office on July 6th; are you aware of that? A. No. Q. Are you aware that I also got contacted by Gordon Hikel in your office on July 7, 2010? A. I know that someone talked to you at that time, yes. @. Because you were cc'd on an e-mail -- MR. WRIGHT: Objection, relevance. THE COURT: Sustained. Q. (BY MS. LEVONIUS) Even after I'm getting contacted by all of these people in your office, you didn't contact me up contact me up to that point, correct? A. I don't remember. I don't remember contact -- when I contacted you. But I did contact you. Q. You knew I wanted to talk to you up to that point and you didn't contact me, correc! Tonya Lebo, CSR #7891 972-998-587810 a. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 A. I didn't know that. Q. You didn't contact me until after I told your office that I would not release you from the subpoena? MR. WRIGHT: Objection, relevance. MS. LEVONIUS: It is relevant, Your Honor, that he's talking to the defense and not talking to me about the case. Goes to bias and motive, Your Honor. THE COURT: All right. overruled. Q. (BY MS, LEVONIUS) You wouldn't speak to me about the case until someone from your office talked to me and I told them I would not release you from the subpoena because you had never talked to me, correct? A. They never told me that. Q. Okay. Did Mr. Hikel ever tell you that I wasn't willing to release you from your subpoena because you had refused to speak with me? MR. WRIGHT: Objection to counsel testifying. THE COURT: Sustained. MS. LEVONIUS: He knows, Your Honor. THE COURT: Sustained. Q. (BY MS. LEVONIUS) Has anyone from your office ever told you that? A. No. Q. After that time that I wouldn't release you from Tonya Lebo, CSR #7891 972-998-587810 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 your subpoena, you did, in fact, call me for the first time on July 12 A. Q. A. Q. trying to A. Q. occasions, A. Q. A. Q. individuals from your office contact me, correct? A. Q. A. th, 2010, correct? I called you. And I was in trial at that time, correct? Yes. And you also let my secretary know that you were get a hold of me? Yes. Okay. And we played telephone tag on several correct? Yes. Where you did try to get a hold of me after that? Yes. And then on August 20th, 2010 you had two more I don't know if they did, I don't know. Well, you were there because we all spoke? Okay, yes. Do you recall who those individuals were? Was it Gordon Hikel and Heath Harris? Heath Harris and David Alex. Okay. Who is Heath Harris? He's a prosecutor for the DA's office. Tonya Lebo, CSR #7891 972-998-5878 I can't10 1 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 44 What does he do? . He's over our intake division. Okay. And what does David Alex do? . He is a super chief. Q A Q A Q. And what is that? A. He's over the division of the DA's office. Q. Which division is that? A. It's one of our trial divisions. Q What trial division? A Is it A, Bor C? I can't remember exactly which division. Q. It's c. A. oC. Q. What does that do? A. He's responsible for all the trial courts in that division. Q. Are they both also gang prosecutors? A. Not specifically, but they are gang prosecutors out of this division. Q. At least in their biographies on the DA's Web site, they're referred to as being, I guess, prosecutors in your gang unit, correct? A. I would have to look at that and see. I'm not sure. Q. Is there any reason why you thought it was Tonya Lebo, CSR #7891 972-998-587810 a 12 13 4 15 16 17 18 19 20 21 22 23 24 25 Page 45 = important to have these two individuals contact me last Friday? A. I think we were confirming that I needed to be here, I'm not sure why. Q. Why is it that you were unable to confirm with me yourself? Why did you have those two individuals contact me? A. Because I'm the district attorney of Dallas County and I'm very busy. Q. Okay. So you were just too busy, so you had those two individuals -- A. I have a staff too. Q. Okay. A. I have an office -- Q. You were too busy -- (Undiscernible crosstalk) THE COURT: Just a minute. Just answer the question. MR. WRIGHT: Objection to her badgering the witness. Let him finish. THE COURT: Sustained. Q. (BY MS. LEVONIUS) You just told this jury that you were too busy and that's why you had them call me, but you were on the call as well, correct? A. I can't remember exactly what -- specifically Tonya Lebo, CSR #7891 972-998-587810 1. 12 123 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 what time we're talking about. I know I did talk to you with -- in the presence of David Alex. Q. And on August 20th, Heath Harris made first contact with me, correct? And then you got on the phone -- A. I'm not sure of the dates. But I can tell you we're talking back and forth about whether or not I needed to be here, that's true. @. So you were too busy, but you were also on the phone with me along with those two individuals? A. Well, you're confusing the facts. You're saying -- Q. No, sir, I'm not. And you knew -- (Undiscernible crosstalk) THE COURT: Wait a minute. wait a minute. Whoa. I said wait a minute. Don't argue with the witness, just ask questions. Q. (BY MS. LEVONIUS) Sir, do you think that your fourth grader would have understood the Affidavit of Non-prosecution that you procured from» (@TIM ? A. Tt was explained, I'm sure it was. Q. How would you feel about someone taking your child and having them sign something like that? MR. WRIGHT: Objection, relevance. THE COURT: Sustained. Q. (BY MS. LEVONIUS) And certainly, sir, you're not Tonya Lebo, CSR #7891 972-998-5878Page 47 here to tell this jury that molested by her step-father? A. No, I'm not. MS. LEVONIUS: Pass the witness, Your Honor. REDIRECT EXAMINATION BY MR. WRIGHT: Q. Sir, were you subpoenaed by both sides to be Yes. and did your office file a motion to quash because you had such limited memory, to wit, none, by facts? A. They did. Q. But you were ordered to be here, correct? A. Yes. MR. WRIGHT: May I approach, Your Honor, I'm THE COURT: You may. MS. LEVONIUS: Your Honor, may I see -- may I see the document? MR. WRIGHT: This is just my note. I'm MS. LEVONIUS: It's your note? MR. WRIGHT: I'm showing him Exhibit No. 5. THE COURT: All right. Is he gonna -- let's Tonya Lebo, CSR #7891 972-998-5878Page 48 see if he can identify it. MS. LEVONIUS: Your Honor, at this time, I'm gonna ask that we approach you. THE COURT: All right. (Of£-the-record discussion at the bench) Q. (BY MR. WRIGHT) Exhibit No. 5, did you have a chance to review it? A. Yes. Q. Would it be an important piece of evidence if the victim in a case signs the sworn affidavit had lied about the abuse? A. Those are specific allegations in the affidavit. So that would be taken into consideration from a prosecutor's standpoint. Q. You filed this motion to quash because you didn't want to come and testify, right? A. No, I didn't. I didn't know -- I don't know anything about it, so... Q. All you know is you notarized that document, right? A. That's pretty much it. MR. WRIGHT: Pass the witness. ‘Thank you for your patience, appreciate it. THE WITNESS: Thank you. MS. LEVONIUS: No further questions, Your Tonya Lebo, CSR #7891 972-998-587810 12 12 13 4 15 16 a7 18 19 20 21 22 23 24 25 Your Honor? Page 49 THE COURT: All right. MR. WRIGHT: May this witness be excused, THE COURT: The witness is excused. (End of excerpt, 11:08 a.m.) Tonya Lebo, CSR #7891 972-998-5878