1.

TRC & Paxil 3

2. 2. My stolen truck. 4
3. 3. Tiffany and I broke up. 6
4. 4. The bank & crystal. 8
5. 5. Sunday at church. 10
6. 6. Valentine’s day. 10
7. 7. Old granbury road. 11
8. 8. Sunday at church again. 12
9. “the drug deal gone bad.” 13
10. 9. the day after. 19
11. 10. The day I was arrested. 19
12. 11. Mansfield jail. 22
13. 12. The power of attorney. 23
14. 13. The meeting before trial on the extraneous. 23
15. 14. The meeting & deal with the state. 25
16. 15. Billy's grandma. 26
17. 16. Jury selection. 27
18. 17.The second day of trial. 28
19. 18. The third & last day of trial. 29
20. 19. Starting the appeal process. 30
21. 20. The grievance & abatement hearing. 31
22. 21. Francis’ no-merit (malpractice) brief. 33
23. 22. Pro se on direct appeal. 33
24. 23. Complaints to Mowla 34
25. 24. Deliberate bypass; constructive denials. 77
26. 25. 2254(b) proceedings. 79
27. 26. A pro forma reply. 79
28. 27. A rtn. To the fed. Ct. 86
29. 28. Mowla’s lawsuit against allred. 88
30. 29. My file. 89
31. 30. Investigation while incarcerated. 89
32. 31. Investigation upon release. 92
33. 32. Westfall’s (Greg’s) & friend’s legal strategies(sandbagging) 102
34. To do list 108

TRC & Paxil

35.Around my nineteenth birthday in 2001 my belated
grandma, j. Gail inman, talked my parents into
selling their house in crowley, texas, and moving
 into her house in benbrook, texas, which she had
moving out of early 1999 when she and her belated
husband, daniel inman, got married and moving into
their newly built house in graham, texas.

36.My folks were going to live there until they built

their house in granbury, texas, and did.
37. they were also trying to get me out of crowley
away from those “crowley kids”, as my grandma
called them.
38.She also got me a job putting together air
conditioning parts for cars at her old job (scs
frigette) where she had worked prior to as the
secretary for the owner.
39.She also got me enrolled in trc on 12-17-02 across
the street from my third-grade elementary school
(westcreek).
40.Then on 1-10-02 trc sent me to see a middle eastern
or indian psychiatrist lady who prescribed me paxil
after talking to my mom, Melissa g. Adams, and
stepdad, Corey Adams who (Corey) was also on paxil.
41.I do not recall her ever telling me not to drink or
anything like that.
42.Because we were waiting on trc to fill my
prescription, my mom started giving me Corey's
paxil who I guess stopped taking his paxil.

2. My stolen truck.
43.Saturday 1-26-02 while I was at Jeremy s. Tucker's
girlfriend’s apartment off Las vegas trail in fort
worth, texas, jeremy’s girlfriend’s little sister
and their neighbor stole my truck.
44.After driving me around to try and find it.
45.Jeremy drove me to my girlfriend’s, tiffani a.
Phillips, new tiffani brooks-bearden, grandma’s in
benbrook, texas, whom I was supposed to have picked
up, and where she was living at the time, then he
drove us to my grandma’s down the street.
46.Around seven in the morning my step dad walked into
my room and said, “oh! I did not know you were
home. Where’s your truck?”
47.I told him it was stolen, and he said, “oh”. And
walked out of the room.
48.A few minutes later my mom came into my room
screaming and yelling for me to get up, then
tiffani, my mom, and I drove back over to jeremy's
girlfriend’s.
49.While we were waiting out front for the cops to
show up (my mom called them), I jumped the fence
and walked over to the apartment where, outside, I
saw my truck parked haphazardly in the parking spot
where I had parked it the night before, un-
haphazardly.
50.I got the key that I had stashed on the frame and
took inventory of its contents.
51.Several CDs were missing, my shotgun, and $40 in
gas that I had just put in the night before when I
cashed my check, where gone.
52.My wallet was there, and the $200 from when I
cashed my paycheck were in the console where I had
left it (the $200 plus was in a side compartment in
my wallet not readily noticeable) but the $20 or so
that I had in the main compartment was gone and all
quarters, nickels and dimes in my ashtray were gone
(about $20 worth).
53.I next knocked on the door of the apartment and
woke up everybody there then my mom, tiffani, and
the cops pulled up, jeremy’s girlfriend’s little
sister was in the bathroom taking a bath and
 wouldn’t come out. After the two male police
officers told my mom to go to the bathroom to get
her purse to look for my keys, she did. My keys
were not in her purse, but several (not all) of my
cds were.
54.After calling Jeremy's girlfriend’s mom to come get
her little sister, the cops left, then we went to
the neighbor’s apartment to look for my keys and
shotgun, but they said she wasn’t there.
55.With my truck, tiffani, my mom, and I went back to
our house in benbrook.

3. Tiffany and I broke up.

56.Early saturday morning on 02-02-02 tiffani and I
met at denny’s off hulen street in fort worth,
texas, then she followed me in her new car to my
house in benbrook, texas.
57.Later that morning around 10 am we woke up and I
rode with her to the car dealership off bryant
irvin and i-20 where her great aunt had bought
tiffani her first car the day before, so that she
could finish signing some paperwork and get her new
car detailed for free.
58.Afterward she dropped me back off at my house and
she went to her house where we were supposed to
meet after I took a shower and got dressed so that
we could go over to her great aunt’s house to
celebrate her aunt’s, paula thomas, now paula
scott, and her younger half-sister and cousin’s
birthday, but before I left brett called me from
jeremy’s girlfriend’s apartment to tell me
whatricky arredondo, who had just gotten out of
jail, heard about tiffani from justin “j-roc” ross,
who was also in jail while ricky was in jail.
59.Brett told me that ricky told him that j-roc told
ricky that while they were in jail together that j-
 roc told him that he and a friend of his got
tiffani “drunk and high on alcohol and xanax and
had sex with her.”
60.Ricky then got on the phone and told me the same
thing that Brett told me, then Brett got back on
the phone and told me to come over to Jeremy's
girlfriend’s apartment so that Ricky co0uld tell me
in person, which I did and Ricky did.
61.Despite having tried to break us up since we got
back together toward the end of 2001 when tiffani
finally confessed to me sleeping with jason (which
I took in a good-faith effort toward amending our
relationship), I believe what ricky was telling me
about
tiffani (whom I had known since I was nine years
old) had slept with jason after she helped bond him
out of jail in azle in 2000 when he got arrested
for possession of a pistol.1
62.After Ricky told me in person, dejected, I drove
back to my grandma’s house and slept in the
recliner in the living room until night.
63.When I woke up, I drove over to Lucas Tucker's,
whom tarah green was dating, and jason tucker’s
house in crowley, where I ran into tiffani.
64.When tiffani came in, tarah, mindy, and kodi morris
were with her, and she was like, “it’s a girl’s
night out, baby!”
65. she could tell that I was upset and asked me to
come out onto the front porch where I asked her
about j-roc and what ricky told me, but she only
cried. Lucas came out onto the front porch and took
her back inside and I left and went back to my
grandma’s.
66.I was supposed to work with my step dad in the
morning on the moving truck, only I did not know
that the job was canceled.
4. The bank & crystal.
67.Friday on 2-08-02 after I got off work my mom and I
went to my grandma’s old back up the street from
where we were living to get a loan to pay off my
credit card debt, and borrow a little extra money
to insure my truck.
68.Earlier that week my grandma called and came by our
house to see if I had gotten my truck insured.
69.My mom had told her when my truck was stolen that I
had let the insurance lapse.
70.My mom told my grandma that I could not afford to
pay the bare minimum on my credit cards, let alone
insure my truck.
71.My grandma told my mom and me to go to her bank and
use my truck as collateral and take out a loan to
pay off my credit card debt and insure my truck
until I got some more money from my dad’s wrongful
death settlement, and my grandfathers who never had
anything to do with me, estate inheritance on my
twenty birthday.2,3
72.After we were done at the bank, I went out that
night, and I came back home.
73.In the morning (saturday) on 2-9-02 my mom,
stepdad, and I went to an insurance company off
jacksboro highway between 28th street and i-820 in
fort worth to an insurance place to insure my
truck.
74.While there in front of my new insurance agent my
mom commented to me that I should move and forget
about tiffani because there were plenty of other
girls out there whom I could date then she pointed
out to me my new insurance agent’s pictures of her
nieces on her desk.
75.In response my new insurance agent asked us who
tiffani was and my mom explained to her that
 tiffani was my ex-girlfriend whom I had recently
broken up with for having a threesome with two
other guys.
76.My new insurance agent then showed me several more
pictures of her nieces from her wallet and
encouraged me to pick one, that she would help set
us up on a date with one of them.
77.I selected her nice crystal, how I met and whom I
had the valentine’s day date with, then she gave me
her telephone number and told me to call her, that
she would tell her that I would be calling.

5. Sunday at church.
78.Sunday on 2-10-02 I woke up at my house and went to
church by myself at the university park church,
also in fort worth where I ran into tiffani, her
grandma (judy) and paula.
79.Before I left, tiffani and I answered one of pastor
jeff's sister's calls, then we went outside to my
truck, talked and then I left.
80.She denied, as she had done with jason, sleeping
with j-roc and his friend.4

6. Valentine’s day.
81.Thursday on 2-14-02 as I was getting off work and
driving home around three or four in the afternoon
tiffani called me on the telephone from her
grandma’s.
82.While on the telephone I asked her about the
threesome again and std that I thought I may have
had as a result of the threesome she had.
83.When I got home, I took a shower, got dressed, and
picked up my
Valentine's day date, Crystal, who lived off 32nd
 street in fort worth, whom I had, of course,
recently met at her parents’ house.
84.Then I brought her by my house where I got some
more money.
85.While there my mom took a picture of us in front of
the fireplace, then we left and went out to eat
with some of her friends (another couple).
86.After dinner I dropped her back off at her parents’
house and went to and stopped by tarah’s in
crowley, where I stayed the night.

7. Old granbury road.

87.Friday 2-15-02 I woke up at tarah’s and went to
work, then after work, brett called me that he was
at jeremy’s girlfriend’s apartment and that he
needed a ride later to pick up some ecstasy for him
and his girlfriend, vickey (tiffani’s half-sister’s
(megan’s) stepsister) who, he said was with him.
88.After I got off work, drove home, took a shower
and got dressed, I left and picked up vickey,
brett, jason, and daniel and the four of us (vickey
and brett in the cab with me; the others in the
bed) drove down to some apartments on the southwest
side of fort worth off old granbury road.
89.When we got there, they (Brett) had me park in the
back, then Vicky and Daniel walked up to the
apartments to a gate where they met some dude. A
few minutes later he (the dude) came out the gate
in the back of the apartments, they talked, he took
off running back toward the apartments and they
came running back up toward my truck talking about
“go! Go!”
90.Vickey and daniel later told us that when that guy
came out and handed them the ecstasy, that kid whom
I didn’t know told him to look at my truck parked
off in the distance because there was a sks
 pointing at his head (which couldn’t have been
further from the truth) then that was when he took
off running back to the apartments and they came
running up to my truck talking about, “go! Go!”
91.So I took them back to jeremy’s apartment and
sometime later that night, early that next morning,
daniel and I went out to tiffani's mom's in
granbury, where she (dannyta) was renting my
trailer house trailer house where while there--
tiffani was there—i confronted tiffani again about
the threesome and std.
92.After we left, I took Daniel back to Jeremy's and
then I went home by myself.
93.Later that morning saturday on 2-16-02 brett,
jason, and ricky started calling me incessantly
about tiffani, the threesome, and more guys they
heard she supposedly slept with.

8. Sunday at church again.

94.Sunday on 2-17-02 I was going to go to church
again, but because I did not want to risk seeing
tiffani again, or any of her family, I stopped by
Crystal's.
95.Later, I went back home and washed and cleaned my
truck and the garage and got ready for work in the
morning.

“the drug deal gone bad.”

96.After work thursday on 2-21-02 around three or four
in the afternoon jason called me from hisnew latin
king homeboy’s (daniel aranda’s) from california
dad’s in crowley up the street from his dad’s
(larry dean tucker, sr.).
97.Jason wanted a ride up the street to Tom's easy inn
off crowley road by where I worked to get some
beer.
98.I was not doing much and had a little time to spare
before having to head home, so I agreed.
99.When I got to daniel’s we sat there for a little
while before going to tom’s; they were “tripping
acid (lsd).
100. And as I was pulling into the parking lot
surrounding Tom's tarah called me talking about she
had not seen me in a while or whatever and wanted
to “hang out”.
101. I told her who I was with and where I was, and
she told me that she had been spending time
together with them earlier before they went to
hulen mall and jennifer jerrnigan’s, whose house
was a dope house (methamphetamine, among other
things) who lived around the corner from tom’s.
102. so I told her to meet us there; that I would
wait there, and when they got there we got out and
they hugged us and, seeing the beer jason and
daniel bought, suggest that we follow them, i.E.,
That they knew where we could go, “hang out”,
“kick it”, and drink some beer.
103. So, from there we followed them to a place off
crowley road behind the skating rink that they
called the rice paddy”.
104. It was a little dirt road that ended next to a
pond.
105. So, we got out and hung out a bit.
106. Then, while there, Jason popped the trunk on
tarah’s honda civic and pulled out brett's shotgun,
which he had let him borrow that jason had left in
tarah’s car earlier that day.
107. And we took turns shooting it until we shot up
all their bullets, just target practicing, all five
of us.
108. When we tire of doing that Jason and Daniel got
in tarah’s car and started doing donuts and driving
 recklessly out in the middle of the pasture while
tarah and Mindy got in my truck with me and we
listened to my radio. A while later—it was already
dark—some dudes (mike and andy) showed up.
109. They pulled up parallel to the driver side of
my truck with their lights on bright.
110. They got out of their car and came up to my
truck smoking on a blunt like, “hey dude, what’s
up? What’re y’all doing out here”.
111. To which mindy and tarah got out of my truck to
see who they were, and mindy figured out that she
knew one of them (mike).
112. Jason and Daniel, who were still mudding when
they pulled up, pulled up to see who they were, and
we all sort of huddled together while they smoked.
When Mike and Mindy figured it out, they knew each
other, he asked them if they wanted to smoke, and
tarah, mindy, mike, and andy smoked.
113. Jason, I know , did not really like weed, and I
do not think Daniel did either (how it made them
feel), plus they were tripping acid and drinking.
114. I had a job so I could not afford to “piss
dirty”.
115. My grandma made me promise here that I would
not make her look bad.
116. While Mike and the girls were smoking I
remember him (Mike) asking the girls if they wanted
to buy some, and I remember Jason hearing this and
asking Mike if he could get him a pound.
117. And I remember Mike saying that he would have
to call his dealer and find out if he had that
much.
118. Although I do not remember whether mike
borrowed my cell phone or tarah’s to call paul
(griffin) and his dealer, I know I never received a
call in reference to what happened next.
119. My guess is he used tarah’s, or tarah offered
him her phone to call his dealer and paul
120. Jason and tarah used to date; so, brett and
tarah before brett went to tyc.
121. I also remember that while they were busy
tracking it down, Jason asked me if I would take
them to get the weed, and if I minded whether they
took their shotgun, “in case,” he said, “those
fools try to jack or something.”
122. On our way there Jason suggests we swing by
Walmart real quick to pick up some shells for his
gun, and that we pull up alongside Mike and Andy
and tell them to follow us there to get some beer.
123. So, we hung a left on sycamore from crowley
road, and mike and andy followed us there.
124. When there, because neither jason nor daniel
had their ids, or had ids, jason asked me if I
would go in and buy them and I did; I didn’t see
any harm in it, i.E., I didn’t think anything was
really going to happen.
125. When I came out, my truck was gone. Then jason
circled around and got me; he opened the door and
got out to let me in, then he pulled around to the
back of the parking lot where he and daniel had
mike and andy waiting, plus he handed me his beer
so that it looked like I went in and bought beer.
126. We hung a right on mccart and followed them to
i-20 and exited on james avenue (crowley road
turned into jason at 20); and I remember as we did
looking up at the overpass signs and thinking to
myself how bright and animated everything looked
like I was hallucinating.5
127. At the apartments Mike came up to my window and
asked us for the money, but we (Jason) told him
that we (Jason) wanted to see it first.
128. So, Mike left and came back, only he did not
have a pound.
129. He had half-a-pound.
130. And he wanted the money first, but Jason told
him, “no.” That we (jason) wanted to see first, and
that “we” (jason) would take the half-pound.
131. So, mike left and came back again, but only
this time he did not have a half-pound, but two
ounces
132. And that he did not really want to sell them,
but that he had some coke or ecstasy if we were
interested in that.
133. During all this back and forth we were already
thinking it was a set-up or something.
134. I guess it did not really help that I saw Mike
sort of fiddling around with something in his
waist, so I did the first thing that came to mind.
135. I accused mike of being an undercover police
officer and reached over jason and frisked him for
a wire.
136. Next thing I knew some dude (andy) was standing
up at the front of my truck sort of looking like he
was crouched down trying to creep up on us.
137. Jason and Daniel apparently thought the same
thing because when they saw him Jason bailed up out
the driver’s side door while Daniel the passenger
side; I followed behind jason.
138. Behind me jason reached back in under the seat
and pulled out the shotgun he had loaded during one
of mike’s trips to the apartment, and used it to
pin mike up against the neighboring car, which we
were parked beside, with the barrel pointed to the
sky, and demanded him his wallet, then he bumped
him in the head with the barrel as if to hurry him
along and show him he meant business.
139. About that same time daniel, who had exited my
truck from the passenger side and circled around
the front of my truck to get any, stole (punched)
andy in the face and knocked him into the
neighboring car, which created a large amount of
noise, which caught jason’s attention because he
turned the shotgun on him (andy) and ordered daniel
to get his wallet tool.
140. When Jason did that, though, Mike decided to
take cover, to maybe return fire or something like
that, which only caused Jason to turn, chase, and
fire a shot at Mike, but Mike kept going.
141. After jason did that, he turned around and was
like, “let’s go!” And the three of us got back in
my truck to leave and, as we (jason) were pulling
out and off, jason stopped, aimed, and fired a shot
at andy then leaned back in and drove off.
142. From there he (Jason) drove back to the pond
where mindy and tarah were supposed to be, but
mindy and tarah were gone.
143. As we were going into crowley on crowley road
rounding the bottom of the hill, there was tarah
and mindy in tarah’s car driving slowly. Tarah
called me, but my phone went dead, and I plugged it
into the charger into the cigarette lighter and
called her back and she told me to follow her to
kodi’s where they were going to drop off her
backpack for her for school the next day (this is
the one phone call mentioned above.’
144. After they ran up to the door with kodi’s
backpack, they came back up to my truck and told us
to follow them to conoco so mindy could get them
some cigarettes.6
145. Then from conoco we went to tarah’s where we
all got out and went in.
 146. Once inside mindy and tarah asked us what
happened, and we told them; we made it no secret-we
are very vocal about it.7
147. Because we couldn’t all stay the night, tarah
said, because it was a school night or whatever,
and because we didn’t want to get my truck back out
on the road, jason asked tarah if she would take
them to daniel’s while mindy and I wanted there.

9. the day after.

148. Friday on 2-22-02 I woke up at tarah’s and went
to work, then after work, my coworker at the
assembly plant, daniel something-or-another, and I
went to his mom’s where he was living and we
chilled there.
149. Later, that night, early that next morning (2-
23-02) his girlfriend left then we left and went
back to my house in benbrook and crashed out there
(daniel on the floor).8

10. The day I was

arrested.
150. Later that morning, saturday, 2-23-02 around 10
am we woke up and I took Daniel home. Later I left
and went to a guy’s house I knew through Brett
named coker.
151. He lived in Fort worth; later, Brett called me
to see where I was at.
152. I told him; then he showed up with his
girlfriend (vickey; tiffani’s half-sister’s
(megan’s) stepsister, just to say hi!
153. While there Brett asked to borrow my cellphone
to make a call, but before I remembered to get it
back, Shane Wilson's cousin(Bobby) asked me if I
 wanted to go with him up the street to get some
cigarettes.
154. When we got back there was a car broken down in
the middle of the street that wasn’t there when we
left, and a police car parked on the opposite end
of the street in the cul-de-sac that I didn't
remember being there either.
155. Brett and vickey were also in vickey’s mom’s
black two door ford explorer leaving coker’s in the
opposite direction and we rolled down our window
and we asked them where they were going and they
told us that they had to get vickey’s mom’s car
back home before she had a fit.
156. We went inside, but I did not really think
anything of the police car in the cul-de-sac
because it was not altogether unusual to see police
cars parked alongside the road within that
neighborhood.
157. We guessed they just lived there, and the city
let them drive their cop cars home after work.
158. A little while later a co9p knocked on the
front door and some girl there answered it and a
cop barged in with his gun drawn and ordered me off
the couch and on my knees with my hands behind my
head and I complied, but he kicked me in the
abdomen anyway, which caused me to clutch forward
and fall on the ground face-first.
159. After they cuffed me, they took me out the
front door to one of their cop cars and took me to
a building off bolt street on the southwest side of
fort worth.
160. I asked one of them before we left if I could
call my folks to get my truck.
161. But he told me no; that they would take care of
it and he fished my keys out of my front pocket.10
 162. At the building off bolt I was led through an
empty room with a bunch of empty or partially empty
pizza boxes and two liter coke bottles and placed
in a small room off to the side the size of a
closet and, sometime later, a very short lady whom
I had never seen or met before a day in my life
came in, sat in a chair opposite me, and introduced
herself as “detective smith” and asked me about two
guys whom she said had been injured on the previous
thursday.
163. I told her flat out to talk to my lawyer (i was
still feeling sort of jilted after my beating from
the police officers); that I had nothing to say to
her.
164. She did not seem to like that; she got up and
closed her file folder or whatever and left the
room.
165. I waited there for what seemed like forever
before I was eventually taken downtown fort worth
where I stayed in a jail cell on the floor until
around six the next morning when I see a magistrate
judge and my bail was set, then I was taken to the
mansfield detention center (mdc).11,12

11. Mansfield jail.

166. After about two weeks of being at mansfield
jail I was transferred back to fort worth (tarrant
county jail) where I remained until I was sentenced
and taken to prison.
167. When I got to the tarrant county jail I
encountered several other prisoners who had also
been kept at the mansfield jail and who were
attempting to mount a lawsuit against fort worth
and mansfield because of the deplorable living
conditions there.
 168. From what they were saying, it appears
mansfield underbid fort worth to house fort worth
prisoners to help alleviate some of the
overcrowding tarrant county jail was experiencing
because of fort worth; it wasn’t hard to see how
they were able to underbid them either.
169. The whole time I was there two or three toilets
were broken with feces in them, with just a trash
bag wrapped around the bowl if we were lucky.
170. Plus, the two weeks I was there neither a
janitor cleaned, mopped, or disinfected the forty-
man tank I was in, nor were we given supplies to do
so ourselves.
171. Most people weren’t there long enough to notice
anyway (about two or three days; about how long it
took to get booked into a tarrant county jail), but
for some reason fort worth kept me there way longer
than anybody else whom I saw.
172. We were given neither linens to sleep or bathe
with, nor did the showers work if we were there
were two of them.
173. Even though it was freezing cold outside,
inside the air was so thick and nasty you could cut
it with a knife; plus the lights stayed on 24/7 and
I got very little sleep.
174. You could hear people up all night coming down
off heroin; some of them did not even really get
searched before coming in and were even doing it in
there.13, 14

12. The power of attorney.

175. After I was transferred to the tarrant county
jail, booked in, mugshot, etc westfall (greg)
visited me by himself to sign a paper which gave my
mom power of attorney then he took it to his notary
to notarize.
13. The meeting before
trial on the extraneous.
176. About a month before my trial was scheduled to
begin westfall (greg)visited me in the jail to
discuss a motion to the state had filed (which I
did not see or read) wanting to accuse me of more
offenses at the trial for the incident with mike
and andy; at first I thought he was talking about
the misdemeanor offense I was out on bail for when
I was arrested for this felony back in february
because we talked about it too.
177. Specifically, I thought he was talking about
when I was arrested for possession of marijuana
under two ounces, when I was first mistaken for
tony durham, then when it was discovered that I was
not him, I was further mistaken for jason and his
friend billy hunt (jamie nichols boyfriend) who,
before the cops arrived, after apparently cheering
tony on to kick the shit out of some dude’s car,
walked over to or broke off and went to burger king
to avoid arrest while tony and I went back to my
truck where tony and I were arrested (me in place
of jason and billy).
178. Westfall (greg) said that wasn’t it, however,
and that there was another incident in or near
granbury, but the only other thing that I could
think of was that incident with brett after
valentine’s day off or by old granbury road.
179. Only the date didn’t line up; and he asked me
where I was friday, february 22, 2002, and
saturday, february 23, 2002, and I told him that I
was with my coworker, daniel something or another,
and I rehashed the same story above, and that he
could check with my folks to see what time I got
there.
14. The meeting & deal
with the state.
180. Right before trial westfall (greg) visited me
again with cheyenne minick (cheyenne) who he told
me was a lawyer-friend of his and who he told me
would be sitting in on my case for free as his co-
counsel, but whose wife he did not tell me tried to
confiscate my truck for the state.
181. He visited again with a doctor in
psychology/psychiatry named paul edwin johnstone.
182. In the first meeting westfall (greg) and minick
(cheyenne) told me that the state would reduce my
charges to aggravated robbery (1) if I plead guilty
to robbing and shooting mike and andy and (2) if I
would accept responsibility for the extraneous at
sentencing.
183. He told me if they came after me that he would
represent me on the extraneous (i do remember
that).
184. They also told me that if the jury sentenced me
between five and ten years, gill could and would
then reduce it to probation because they knew him
and were friends.
185. Beyond that he never asked me what i’d take or
what the state was offering; although my folks told
me he said they were offering forty-years, our hope
was probation and he left us or at least me with
that impression.

15. Billy's grandma.

186. The first day of trial I noticed billy ray
junior's grandma (dimple junior). She practically
helped raise me growing u, and I told westfall
 (greg) and minick (cheyenne) (cheyenne) as much.15,
16
, 17
187. Billy’s grandma would later recount to me and
my family that while she was tending to them during
deliberation that she overheard them discussing (1)
the state ‘s extraneous accusations, (2) my silence
(acquiescence) thereto, and (3) westfall (greg)’s
closing argument for them to believe I committed
the extraneous because he admitted it.
188. They were asking for exhibits, pictures, or
something.
189. She also overheard them discussing the effects
of parole in sentencing me to thirty-five years.
190. In other words, they multiplied my sentence by
a factor of two to offset the effects of parole so
that I wouldn’t get out one day sooner than
seventeen-and-half years, even though they weren’t
supposed to.
191. She said that two or three of the jurors were
arguing back and forth about how much time to give
me or something until she brought them the
pictures.
192. And that even then it appeared to her one or
two were still hesitant.

16. Jury selection.

193. At jury selection I remember a few of the
jurors sounding kind of opposed to our paxil
defense.
194. I remember telling minick (cheyenne) (cheyenne)
who was sitting between westfall (greg) and me that
I did not think it was good we let them serve. But
I remember him telling me something to the effect
that because there was no presumption of innocence
at the punishment phase that there was no legal
reason to strike them for cause.
 195. And that we stood a better chance getting them
with our peremptory strikes.
196. I also remember hearing a few jurors getting in
depth and personal about their personal experience
with “being robbed."
197. Minick (cheyenne) did not seem to think we
could get them for cause and again told me our best
bet was at the peremptory stage.
198. At the peremptory stage though I was “ushered”
back behind Gill's court room to a cell, and the
peremptory strikes were made in my absence. When I
was brought back into the courtroom, I did not know
whether they got them or not. A
199. Apparently , based off the record they did not;
that is, they didn’t get venire-persons number five
(dean), six (blauvelt), seventeen (lemons), twenty
(thomas), and twenty-five (chambers), nor did they
get number twenty six (fauble), or twenty-nine
(marack) who were both robbed at gunpoint, the last
of whom wound up being my juror foreman.

17.The second day of

trial.
200. Although I told westfall (greg) the story many
times, at trial when mike, with his purple colored
hair, andy, tarah, and mindy with her gothic black
colored hair, testified, I told it again; what good
that did though because they didn’t really seem to
raise much of a fuss.
201. And when jheen said it was me I know I must
have said something to the effect that she was
mistaken, to say the least, and the same goes for
fazio when he said the little bitty piece of metal
(like a splinter), which westfall (greg) appeared
to have almost sneered at when it was passed down
 to our table for objections before it was admitted
into evidence, was fired from the rifle, which sat
in plain view of the jury all throughout the trial
leaned up against the witness stand like, “look at
what we found!”, Until it too was admitted into
evidence without objection.
202. When we recessed for the day (after the
extraneous testimonies), I told westfall (greg)
that I wanted to testify; we were behind the
courtroom, and I believe I was in the holding tank,
if not right outside it.
203. He told me that (1) if I took the stand and
told the jury that I didn’t shoot rick that I would
run the risk of alienating the jury with an
uncorroborated, self-serving statement that I
didn’t shoot rick, and (2) if I took the stand to
rebut mike, andy, mindy, and tarah, that I would
not only run the risk of alienating the jury, but
that if I remained silent about rick (so as to not
alienate the jury there) that the jury would draw
an adverse influence.
204. In either case he said that any chance I stood
at receiving probation would pretty much be over,
so I bit my tongue.
205. They funny thing about when foran asked mimi if
the last time I told her and wu when I took xanax
was before coming to jail is I stopped taking
xanax, or any other type of pill like that, etc.,
Was the year before when my grand got me enrolled
in trc, which would’ve been around thanksgiving
2001.
206. And I told westfall (greg) and minick
(cheyenne) as much; what good that did because they
said it did not matter much, i.E., That I was a
“bad historian”.
18. The third & last day
of trial.
207. It is a funny thing; here I am reading my
transcripts where westfall (greg) said I hit
tiffani—i never hit tiffani, or any other women for
that matter, ever!18
208. Here it says Hartmann asked the jury to begin
deliberation at “40” years; I remember it was like
yesterday—she asked them to begin deliberation at
“30” years, and the jury came back five more, not
five less.
209. I guess it appears like westfall (greg)’s trial
strategy was somewhat effective in that, although I
didn't get the probation, or ten years he was
asking, I at least didn’t get the “40” years
Hartmann was asking.
210. I also remember two or three of the jurors
crying when they re-entered the courtroom after
deliberation on my sentence; it wasn’t a good sign,
or so I took it—they caved to the majority, or so
it appeared.

19. Starting the appeal

process.
211. After the jury was dismissed and I was taken
behind gill’s court room to my cell to change into
my prison garb and shackled, but before I entered
the cell, minick (cheyenne) (cheyenne) leaned up
against the door, blocking my way; he leaned up
against the door to sign a piece of paper, then he
handed it to me to sign before I entered the cell
and the bailiff, mr. Darusha, closed the door.
 212. Then, shackled and in my prison garb, I was
“escorted” back out into the courtroom where I got
to hug my family one last time.
213. Next, westfall (greg) had me sign a few motions
to start my appeal and I was off; westfall (greg)
seemed cagy; minick (cheyenne) (cheyenne) seemed
excited, and it was catchy, but I was unsure why.
214. They told me the appeal lawyer friend (wynn
(regan)) of theirs whom they were having to appoint
was incredibly good—like my case would not stand up
on appeal.

20. The grievance &

abatement hearing.
215. Unfortunately for me, when I got back to the
cell block an older guy from crowley whose name was
tony gregory, after talking to me, he took it upon
himself to write state bar grievance against
westfall (greg), and encouraged me to sign and mail
it, that it would help my appeal; and he watched me
sign and mail it.19
216. Not only that, but after we did that I called
my folks and told them and they also filed one on
not only westfall (greg), but Hartmann who,
according to my mom, made fun of her with her
lawyer friend for crying by saying “oh-boohoo!”
Like it was no big deal for her or something.
217. I had not been on the allred unit for two weeks
before I was on a bus back to tarrant county jail.20
218. When gill asked me if I was indigent, I
especially remember saying yes, that “it” (the
money out of my trust) “was given to my grandma.
And that “[s]he spent the money trying to get me
less time”. Not, “[i]t was given to my grandma”.
 And that “[s]he spent every bit of the money trying
to get me out during that time”.
219. They make it sound like she was just like, “oh
well” and went on with her life;21 I remember this
only because I was trying to hint around at less
time, but also because the same bailiff at my
trial, mr. Darusha, telling me on my way back to
the holding tank behind gill's courtroom, “good
answer.”
220. When Gill found me indigent and the court
appointed me Francis, Hartmann, who was sitting in
the jury box the whole time, interjected, “judge!”
Like she didn’t want me to get a free lawyer, or
like she didn’t want to go down what they were
about to do with my substitute appeal attorney and
the ensuing ander’s brief that followed.
221. But gill cut her off before she was able to say
what else she was hoping to say in front of me, and
I was returned to jail and prison, and the outburst
erased from the record like she was never even
there.

21. Francis’ no-merit

(malpractice) brief.
222. When I received notice from gill’s clerk who
(francis) had been appointed me my direct appeal, I
wrote and rehashed the same story above, but much
like wynn (regan), except for this, he told me that
he had been appointed too late to amend my motion
for new trial, or to otherwise get my statements
into the record byway of an order from the
intermediate appellate court.
223. And that he could not argue the same because it
was outside the record; wynn just flat out would
not answer me.
 224. So, I asked him about the charge error, but he
argued the charge was sufficient and that he was
not going to therefore argue it, i.E., That it was
not appealable
225. I was in the middleton unit when I received
francis’ no-merit brief. An inmate there who worked
in the law library showed me a book with a motion-
letter in it to represent myself pro se on direct
appeal, in response to francis’ no-merit brief.

22. Pro se on direct

appeal.

23. Complaints to Mowla

A. Jason’s

B. Lake

C. Pond

D. Approached
 226.

227.

i. That was probably what mike told his dad

because he was scared of his dad or that
he would get in trouble;
ii. Mike lied how many people were there
when he got there;
iii. After talking to mike charla probably
convinced mindy and tarah to repeat the
narrative that I approached mike and andy
first, i.e., in exchange for leniency,
iv.

1. mike and andy said when they first

got there jason and daniel were
mudding in tarah’s car,
2. Jason said they had already pulled up
to see who they Mike & Andy) were when
I supposedly asked mike if he had a
pound of marijuana;
3. I couldn’t have asked Mike for the
pound while they were still in Andy's
car, if I asked them.

E. Smoked the blunt

a. Mindy, Tarah, Mike, and Andy to say that Jason
and Daniel and not Mindy and Tarah, smoked the
blunt with Mike and Andy because:
v. Jason and daniel didn’t like “weed,”
 vi. Neither mike nor andy could even come
to agree upon whether jason and daniel
smoked,
vii. Mike probably omitted that part of his
story to his dad then to charla to fit his
limited interaction narrative to his dad
until directly pressed by charla hereto
after talking to andy who said he was
talking to Daniel while Mike was talking
with the others and “rolling a blunt”;
viii. Mindy and Tarah and their network of
schs friends probably persuaded mike and
his network of schs friends, who (Mike)
then persuaded andy because of his nchs
associations, to omit mindy’s and tarah’s
smoking for their (mindy’s & tarah’s) sake
of facilitating the robbery,
ix. Mike initially lied/omitted that part
of their story (smoking) to charla,
apparently until after she talked to andy
and asked hm (mike),
x. Neither mindy nor tarah said anything
about either jason, me, or daniel smoking,
but them (i.e., Mike & Andy were);

F. Leaned in the window and asked for a pound

b. Mindy, tarah, and mike lie I leaned in the
window and asked Mike and Andy if they could
get me a pound because:
xi. Mike and Andy disagreed that was how
the intersection occurred,
xii. Mike flip-flopped between Charla and
hartmann who asked him for the pound,
xiii. When asked to identify me in-court
Mike identified Minick (Cheyenne), who had
blond hair like Jason,
 xiv. Jaso n said he heard me ask mike and
andy for the pound and, if jason and
daniel were still mudding in tarah’s car
when mike and andy pulled up, then I
couldn’t have possible have walked up to
andy’s car, leaned in the window, and
asked them if they could get me a pound;
D. Whose cell phone (Tarah’s mom’s (Sherry’s))
c. Mindy:, tarah, and mike to lie that mike used
my cellphone to call his dealer and paul
(griffin) for a pound of marijuana because:
xv. If mike used my cell phone rather than
tarah’s (her mom’s (sherry green)
actually)
4. I would’ve most likely gotten a phone
call from paul and/or the cops,
5. charla would’ve most likely gotten my
number from paul to call me, and/or
prove mike used my cellphone to call
paul,
6. Tarah wouldn’t have lied. She used
mindy's mom’s (jerri deann
westmoreland) cell phone to call me at
walmart if they were trying to skew
any possible investigation thereafter
by the defenses;

G. Who took the photograph

d. Mindye, tarah, mike, and andy to say either
kodi took the group photograph or that mike did
not take it because
xvi. Mindy and tarah initially lied to
charla by omission about the pictures
until foran sent charla to have them view
the video and ask them if they called me
 while at walmart and mindy redirected and
distracted (charla) with (a yes) reference
to the pictures (which obviously
complicated the matter for charla’s
original narrative)
xvii. Mike initially lied byway of omission
to charla until she attempted to rectify
her original narrative with a new
narrative,
xviii. Mike flip-flopped at trial whether he
took the picture,
xix. Andy lied byway of omission who took
the picture, and
xx. Fran didn’t even try to trip tarah up
at trial who took the picture (not his
first time down that road with her,
evidently; no wonder he took a second
chair—he’s suborning layer upon layer of
perjury;

H. A ride?
e. Mindey and tarah to say and/or lie that I
asked them (mindy & tarah) for a ride or if
they wanted to go, etc., Because
xxi. I obviously had a ride, i.E., It was
jason and daniel who did not,
xxii. Why would I ask them if they wanted to
go?
xxiii. They flip-flopped at trial who asked
them,
xxiv. They initially said jason was in the
car with them, separate and apart from me;
 I.Who told Mike & Andy to follow us to
Walmart
f. Mike and Andy to say or lie I told them to
follow us to walmart and/or why (for beer)
because,,,,
xxv. Mike said they didn’t learn why they
were at walmart until they got there,
xxvi. Mike said that he told andy, not him,
xxvii. Andy said they pulled up beside them
on crowley road and told them to follow
them to get beer at walmart,
xxviii. Mike said the people in the truck told
him what was going on after I had already
went in and the security guard made them
move to the back;

J. Tarah called me while @ Walmart

g. Mindy and Tarah to say and lie they called me
at Walmart and/or that I told them I was there
buying bullets because
xxix. The walmart video itself proves I
didn’t talk to anybody while there buying
shotgun shells,
xxx. Tarah by her own admission said she
only talked to me once, while we were gone
and that walmart was obviously not it,
xxxi. Foran probably “asked” charla to “ask”
mindy and tarah if they called me while we
were at walmart when charla went to foran
on what to do next and he probably told
her to ask them if they called me while at
walmart when she showed them the video,
xxxii. Tarah flip-flopped at trial on the
issue and exposed herself/themselves/their
hand it was a lie,
 xxxiii. Tarah lied she used mindy’s mom’s cell
to call me instead of her mom’s probably
to frustrate any records search/subpoena
later on by the defense;

K. Mike could see me come out of Walmart?!

h. Mike,,, to say or lie he saw me come out of
walmart from his vantage point that he didn’t
see any beer in my hand because
xxxiv. By his own admission, they were in the
back of the parking lot and presumably
behind a lot of other cars in the parking
lot,
xxxv. He was probably referring to the video
they no doubt showed him, but for their
effort to point out another discrepancy,
they didn’t even care to acknowledge;

L. Retraced our Steps!?

i. Mike and Andy to say that we retraced our
steps,, back down sycamore to crowley road
because
xxxvi. They flip-flopped at trial whether we
retraced our steps or proceeded down a new
route,
xxxvii. I remember going down Mccart to i-20
and as we exited i-20 looking up at how
bright, colorful, animated, and other
worldly the overhead exit sign and
everything looked,
xxxviii. Charla, foran, and hartmann were
evidently a little too heavy handed in
their narrative of what happened, or what
they wanted to say happened (whose story
was it after all!);
M. Who did Mike talk to at the apartments?
j. Mindy, tarah, and their network of schf friends
to tell mike and his, plus then mike to tell
andy since he went to nchs that I or “bart” was
the one whom mike talked to at the apartments
about the price because
xxxix. Mike flip-flopped at trial between
them and him,
xl. Early on charla in her narratives even
flip flopped between them and him;

N. Where was the shotgun?

k. Mike to say the shotgun was under the seat
instead of between the seat cushions because
xli. Mike flip-flopped at trial whether it
was between the seat cushions or under the
seat,
xlii. Charla,, probably coaxed mike to say
it was under the seat after talking to
mindy, tarah, and jason who were probably
trying to put as much distance between it
and jason as they possible could to fit
their narrative that jason didn’t do
anything and didn’t expect anything until
it was too late;

O. Who crowed Mike?

l. Mindy, Tarah, and their network of schs friends
to tell Mike and his, plus than mike to tell
andy since he went to nchs that I or “Bart” was
the one who crowned him (mike) in the head with
the shotgun because
xliii. The guy whom mike identified, un-aided
and without Charla’s help, in court was
blond headed, and the only other person
 out there that night with blond hair
beside mindy was jason;

P. Who demanded their wallets?

m. Mindy, Tarah, and their network of schs friends
to tell Mike and his, plus then Mike to tell
Andy, since he (Andy) went to NCHS that I or
“Bart” was the one who demanded their wallets,
and that jason only did so to keep me from
shooting them to appease me because
xliv. The guy whom mike identified in court,
un-aided and without charla’s help, was
blond headed, and the only other person
out there that night with blond head
beside mindy was jason;

Q. Who shot Mike & Andy?

n. Mindy, Tarah, and their network of schs friends
to tell mike and his, plus then mike to tell
andy, since he went to NCHS that I or “Bart”
was the one who shot them because
xlv. The guy whom Mike identified in court,
un-aided and without charla’s help, was
blond headed;

R. What happened to the shotgun shells?!

o. Somebody within the FWPD agency with whom she
(Charla) worked to shred up the shotgun shells
so nobody could get jason’s finger-prints off
of them, including me, because
xlvi. Growing up I had seen tons of run-
over-shotgun shells up and down the roads
and these looked like none that I had ever
seen, even if run over (these looked like
they had been run through a blender!);
S. Taking Kodi home, not her backpack?!
p. Mindy and Tarah to say or lie they were taking
kodi home, rather than dropping off her
backpack when they ran into us (me, jason, &
daniel) because
xlvii. of the pictures, or who took the
photographs (i.e., They had to manufacture
somebody to have taken the picture since
mike taken them contradicted their limited
interaction story);

T. Tarah said Daniel’s hand was bleeding

all over my truck!?
q. Tarah to say or lie that she walked up to my
truck at kodi’s and daniel’s hand was bleeding
all over it and on the door handle because
xlviii. it suggested search warrants and
evidence,
xlix. It was a little bitty scratch and was
hardly able to bleed all over my truck,
l. Charla was probably exhibiting some of her
great sleuth/detective skills at work;

U. Tarah’s saw me digging through a wallet

at Conoco!?
r. Tarah to say she saw me digging through a
wallet while we were at conoco while mindy was
buying cigarettes because
li. charla was showing off some more of
her great sleuth/detective skills;

V. Jason & Daniel wouldn’t tell Mindy &

Tarah what happened?! (Jerri?)
 s. Mindy and Tarah to say and lie Jason and
Daniel wouldn’t tell them what happened because
lii. they thought or felt like it showed
like they were scared,
liii. they obviously were going through the
wallet, but their own admission, either
together or separately from me,
liv. They were trying to protect jason and
to a lesser extent, daniel,
lv. they obviously knew why we didn’t
want to get my truck back out on the
street;

W. I assumed I could stay the night; Tarah

asked Sherri if I could stay the night?!
t. Tarah to say or lie I just assumed I would
stay the night and/or she (tarah) asked her mom
(sherri) if I could stay the night because
lvi. tarah flip-flopped at trial whether
she did or not,
lvii. Charla was a little heavy handed in
recording their narratives,
lviii. They didn’t want me to get my truck
back out on the streets;

X. I confessed to single handed robbging

and shooting Mike & Andy?! (Jerri?)
u. Mindy and tarah to say or lie I told them that
I robbed and shot mike and andy, and/or it was
a rush, thrill, or my first time to kill, etc.,
because
lix. They were trying to protect jason
Y. The next day; I asked them to lie they
didn’t know us or to make up three names?!
(Jerri?)
v. Mindy and tarah to say or lie I asked them to
lie they didn’t know us or to make up three
names for me, daniel, and jason because
lx. That was what they (including mindy’s
mom jerri, since she appeared to have been
at the helm of this thing from the start),
initially told charla to bait her (in;

Z. I hid my stolen shotgun?! (Jerri?)

w. Mindy to say and or lie that I told her that I
hid the shotgun because
lxi. I had no shotgun to hid, i.e., mine
had been stolen some 26-days prior to on
1-26-02;

AA. Jerri didn’t know Mindy lied to

Charla?!
x. Mindy to say and lie that jerri didn’t know
that she (mindy) lied to her (charla) that she
(mindy) didn’t know anything about the robbery
and shooting because
lxii. She (jerri) obviously did know mindy
lied to charla because
7. She (jerri) supposedly let mindy call
me back after I supposedly called
after charla left,
8. If she (jerri) didn’t know mindy lied
to charla, what was she so worried
about looking back since she
supposedly thought that I thought
 mindy didn’t know what took place
after we left the pond;
I. An unconstitutional arrest?
228. Charla also probably influenced the pretrial
identification procedures of mike and andy because:
E. Was I arrested bef. The warrant issued?
y.

lxiii. I was possibly arrested before

charla’s warrant issued for my arrest;
lxiv. I remember being arrested right after
Brett left with my phone, which showed he
called 911 at 8:14 pm, though shipp
reported my arrest after midnight, and I
recalled waiting an awfully long time at
the south prescient before being taken to
jail downtown ft. Worth;
B. Did Mike identify me before I was arrested?!
z. Charla may have even possible lied mike
identified me before I was arrested (i.e., That
my truck and its contents, the rifle, were
unlawfully seized, because:
lxv. CPD dispute when charla went by there
….
lxvi. Charla didn’t ask andy to identify me
on the same day she asked mike to identify
me (guess she was too bush getting the
warrant after mike did, right?);
lxvii. It appeared charla, if nothing else,
got in trouble for seizing my truck before
she found out who it belonged to, though
she recognized it by its license plate
number;
lxviii. It was a bit hard to believe they went
out in search of me and my truck in a city
 that I may not have even been armed with
nothing but my license plate number (lpn);
lxix. Charla flip-flopped in her own police
report whether it was her or hanlon who
pulled up my ticket file;
lxx. Mike’s affidavit appeared to have been
redone but the date left the same (2-23-
02)

C. Charla trumped Mike where the gun was on

the first go-around!?
aa. Where the gun was, unless charla
apparently trumped mike the first go around
where the shotgun was before talking to mindy,
tarah, and jason where it was;

D.
229.

bb. The white crystalline powder fwpdcl

stacie smith said was not a controlled
substance was in error, and that it appeared an
awfully convenient way to dispose of a losing
case;
E.
cc. The white powder residue in the clear glass
vial recovered from andy’s car was probably in
error too because who in their right mind would
drive around with that in their car if (i) it
was not a drug, (ii) it was not what it
appeared, evidently to charla (contraband);

F.
dd. It was a little hard to believe detective
hederer couldn't figure out whose marijuana it
 was he found in andy’s car, especially given
the fact that I had been arrested
approximtaetl;y six months prior to that time
for possession of marijuana in my vehicle,
though it was not mine (i.E., It was tony’s),
and the conviction stuck;

G. Westfall’s (Greg) timeline with Tiffani?

230.
ee.Tiffani testified and told westfall:
lxxi. We broke up saturday, february 2;
lxxii. She, Paula, and her (tiffani’s)
grandma (Judy Studeman) saw me at church
the following weekend (sunday, february
10).
lxxiii. She called me the following thursday
(february 14);
lxxiv. I went to her mom’s (danny finich’s)
and girlfriend’s (andy) the following
saturday (february 16);

H. Minick’s (Cheyenne) timeline with Paula?

ff. Paula testified, or at least minick asked, if
the sunday she (paula), her mom (judy) and
niece (tiffani) saw me at church was february
17, and she said yes;

I When did Tiffani, Judy, & Paula see me at

church?
gg.Tiffany and paula were saying they saw me at
church on two different dates;

J. It displaced when Tiffani said I went to

her mom’s (Dannyta) so Westfall could argue
my criminal/culpable responsibility.
 hh. Westfall used the date paula said she
(paula), her mom (judy), and niece (tiffani)
saw me at church so that it displaced the date
and time tiffani said I went to her (tiffani)
mom’s (dannyta’s) so that it lined up with the
date and time rick was shot (i.E., It looked
like I went to danny's after shooting rick!)
Just so that he could argue the charge error;

ii.

lxxv. My mom testified, or at least westfall

asked, if the date we went to the bank to
consolidate my credit card debt and insure
my truck was friday, february 15, and she
said yes;
lxxvi. I actually considitedated my loans and
insured my truck the friday before then,
and I even sent him a copy of my bank
statement from when I did so as proof that
it (westfall’s timeline) was off;
jj. My discount tire applications probably showed I
went to discount tire the week before westfall
argued, i.E., 2/11-15/02, not 2/18-22/02, and
my loan request application on retention
therewith would probably confirm;
231.

kk. Hartmann probably told jheen that a police man

would be sitting right beside me when she got
on the stand and asked her to identify me
because
lxxvii. She said …,
lxxviii. She asked
1. …
2. …
 Foran asked
ll. Jheen was evidently uncertain or tenuous
whether I was one
mm. Dark
232. Hartmann asked the jury to start deliberation
at 30 years, not 40 years, and they came back five
more, not five less.
233. Billy junior’s grandma (dimple junior) served
as my bailiff at my trial and that she overheard
them
nn. Discussing westfall’s closing argument
that “we” admitted to hood county beyond a
reasonable doubt and my acquiesce thereto as
evidence against me that I shot rick;
oo. Discussing gill’s parole law instruction
how the effects of parole affected my sentence
and that they therefore doubled it to off-set
the effects of parole;
234.

pp. Fauble and marack were biased against me

because they had been victimized by somebody;
qq. Dean … were biased against the law and
westfall’s intoxication defense, no matter the
nature (voluntary or involuntary)
235. Westfall apparently subpoenaed william gordon
to testify about my banking activities leading up
to and including the day of the extraneous as a
possible distraction to hartmann maybe westfall was
being ineffective because I possible wrote a check
someplace way other than where rick was shot
(alibi);
236. Foran argued outside the record that tarah
testified she was with me and saw me shoot rick;
237. Hartmann’s theory that mindy and tarah were all
the more credible because they were my friends
 could have easily been shown otherwise because they
were obviously incentivised
238. But all he (mowla) seemed to want to do or say
was (a) that without corroboration (affidavits) he
wasn’t going to try and show there was a reasonable
doubt whether I shot mike, andy, and rick (although
that was exactly what he hinted around at multiple
times throughout his writ he wrote up for me, (b)
there was corroboration in the record if he would
just look for it, despite their affidavits. But I
couldn’t get him to budge otherwise.
239. So I reiterated my charge error complaint, but
all he seemed to want to say there was something to
the effect that:
rr. He talked to gill and westfall about the
“charge error” and that:
lxxix. Gill said the reason he took it out
was because westfall objected to it, and
that
lxxx. The reason westfall said he objected
to it was because it was because it was a
guilt/innocence issue and that there was
no presumption of innocence in a
punishment case, and whom (westfall) he
(mowla) said he tended to agree with or
whom he was going to side with on that
issue; and
ss. By arguing the “charge error” would be to
essentially admit guilt therefor, which he
reminded me I was still subject or liable to
prosecution for at the time (obviously!).
240. I must have been like
tt.
lxxxi. The law was pretty clear on the charge
error, and
 lxxxii. Even so, westfall already admitted my
guilt, and
uu. If he wasn’t going to point out the
timeline error, what difference did it make—but
I couldn’t get him to budge (although mowla did
say at one point something about getting an
affidavit from johnstone, the psych doctor who
testified at my trial, and who provided the
affidavit on my direct appeal pro se brief, but
for whatever reason he did not).
241. So I wrote my folks who were paying hm (mowla)
to get another lawyer, but they acted like I was
trying to get them in trouble, and for the life of
me I couldn’t understand why they were fighting me
on this; it was like they thought:
vv. I was accusing them of trying to make up some
kind of textbook example out of me by shifting
the timeline forward one week to match when
hypomanic-type behavior was supposed to emerge,
and what kind of odd, crazy bizarre behavior I
was supposed to manifest; and/or’
ww. I would find out or they could get in
trouble for getting brett to find and call the
cops on me with my cellphone where I was (no, I
didn’t piece that together until after they did
(4 rr 80:19-81:19)(5 rr 16:1-17)
242. I couldn’t believe it:
xx. I couldn’t get my mom or grandma to listen to
me or to listen to reason,
yy. I couldn’t get mowla to listen to me,
zz. I couldn’t get anybody to listen to me,
aaa. I was 100% at their mercy because they
lxxxiii. They had all my money and
lxxxiv. were using it to pay mowla,
bbb. I couldn’t handle it; I was about to
break:
 lxxxv. I couldn't eat,
lxxxvi. I couldn’t sleep,
lxxxvii. I was a nervous wreck,
lxxxviii. I had to let go or I was going to
drive myself crazy35.
243. I was basically faced with the choice of
foregoing my claims by continuing with mowla or
abandoning all hope of collateral attack because:36
ccc. I couldn't obtain additional counsel, and
ddd. If I tried to proceed pro se, I was sure
enough to drive myself insane (it wasn’t like
anybody was going to listen to me if I did,
which only caused me more anxiety.
244. At first psych wouldn’t help me, but my grandma
and mom got involved and the warden, Eddie
Williams, got psych to put me on prozac, which
doubled over for anxiety or something; it took me a
while but it eventually subsided or whatever.

24. Deliberate bypass;

constructive denials.
245. Despite my leanings, mowla moved forward with
my writs:
eee. I was under the impression that he was
filing them in both state and federal court
like he did or was doing in norrid’s case, but
fff. My grandma who was paying him (mowla) must’ve
convinced him otherwise (up until then I was
very careful to exhaust each and every step),
or something, because:
lxxxix. She didn’t feel like I would get any
justice in tarrant county37.
246. When we got cited for failure to exhaust my
administrative remedies, I wrote him (mowla) asking
 what that was about, but all he told me was
something to the effect that the first federal writ
acted to toll the aedpa while it sat pending review
or adjudication.
247. Right before the ninetieth (90th) day after my
year-and-ninety (90) days elapsed on or about 11-
15-06, on 11-01-06 mowla apparently thought better
of it (his 2254(b) stance) and refiled in state
court to exhaust the 2254(b) proceedings.
248. He (mowla) didn’t however tell me that:
ggg. Bleil recommended my 2254 be dismissed
without prejudice, which was on 11-20-06,
and/or
hhh. Means adopted bleil’s f, c, & r on or
about the ninety-first (91st) day, which
would’ve been 11-16-06, after my year and
ninety (90) days elapsed;
iii. He (mowla) gave the state (morgan) an extra
sixty (60) days to respond in addition to their
thirty (30) days, which all together equaled
ninety (90) days, while my clock sat running
which would've been 8-9-06, and/or
jjj. Bleil green-lighted it the day after my yar and
ninety (90) days elapsed, which would would've
been 8-16-06 (i.E., It expired the day before);
kkk. He (mowla) abandoned the 2253 proceedings
while he went back and exhausted my 2254(b)
proceedings.

25. 2254(b) proceedings.

249. Either in coordination or by coincidence, on
the same day (11-16-06) means adopted bleil’s f, c,
& r on 11/16/06 gill ordered westfall and minick to
respond to mowla’s 11.07s prima facie iatc claims,
then:
 lll. He (gill) suddenly and without explanation left
the bench or was forced out or resigned or took
an early retirement with the judicial
commission;38
mmm. Sturns stepped in and rubber stamped anrea
jacobs proposed findings of fact and
conclusions of law (ffcl) on 1-31-08, then
nnn. The cca summarily denied (rubber-stamped)
the same based upon the ffcl of the trial court
(stiurns; andrea) twenty-eight (28) days later
on 2-28-08.

26. A pro forma reply.

250. In reply to westfall’s and minick’s response, I
know I pointed out something to the effect where
although westfall and/or minick said:
ooo. They investigated the facts, if their
ability to review their files to respond to his
(mowla’s) prima facie iatc claims were any
indication as to their ability to investigate
the facts, then it couldn’t have been done
right because:
xc.

1. Mike and andy were not shot running

away from the stock tank, i.E., They
were shot running around in an
apartment complex);
ppp. The walmart video tended to collapse, not
support, the intent to kill because it showed
my disinhibition of social judgment, or my
ability to distinguish right from wrong, ws
disinhibited, since I apparently didn’t even
know better than to
xci. Stop and buy bullets on my way to take
jason to pick up a pound of marijuana
 (i.E. I didn’t foresee the potential
result), and, if nothing else, to go
behind the counter where the cash register
was to select and buy my bullets;
qqq. Mindy’s and tarah’s description of me
shortly after the robbery and shooting tended
to suggest I didn’t know right from wrong
either, or that we did anything wrong, or my
social judgment was disinhibited;
rrr.

xcii.

2. I did not tell johnstone that “i”

didn’t regard what “i” had done as a
robbery because “i” didn’t get much
money when “i” took the wallets;
3. I said that “i” didn’t regard what “i”
did as a robbery, to the extent I said
it at all, which I don’t recall, was
because “i” didn’t rob anybody, but
4. I said that it was jason and daniel
who robbed mike and andy;
5. Taken in context, or in whole,
johnstone was taking a swipe at my
competency, something evidently even
hartmann noticed, because I was still
on paxil and it disinhibited my social
judgment to plead guilty, something
westfall apparently wasn’t
preppairedfor him to say, a reflection
of his preparation thereto,
johnstone’s attempt to take a swipe at
my criminal responsibility by conceded
my guilt, which evidently undercut his
(westfall’s) overriding strategy to
suggest I wasn’t the trigger man,
 etc., I.E., Sandbagging my innocence
for appeal;
xciii.

6. Stephen wasn’t a volunteer

firefighter;
7.

a. Stephen, jheen, and greg did not

say the suspect or I jumped out of
the bed of his or my truck with
the rifle or sks when they
stopped, and
b. Unless the suspect or my truck was
a chevrolet avalanche, which mine
obviously was not, there was no
way I could’ve been both in the
truck flashing the lights and in
the bed of my truck at the same
time;
xciv.

8. Tiffani did not say I went to her

mom’s (danny finich’s) when rick was
shot; and
9. Tiffani and paula said they seen me at
church on two different dates;
251. They researched the law
sss. Unless I was voluntarily getting
intoxicated, which I was not,39 the paxil
defense did negate the intent to kill, or it
was a defense t to either attemped capital
murder or aggravated robbery;
ttt.They evidnetly didn’t know that gill was
required to sua sponte charge the jury that
before they could consider the extraneous, it
had to find beyond a reasonable doubt that I
 could be held potentially criminally
responsible; if it thought I was involuntarily
intoxicated by or from paxil it could not
consider the same in sentencing me for robbing
and shooting mike and andy;
uuu. Their reason (strategy) for
xcv. Not calling connell was because of her
anti-social diagnosis, who wouldn’t have
drawn that conclusion after reading the
documents she said westfall sent her of
what they were saying I did?;
xcvi. The deal with the adas was to
1. consolidate mike’s and andyu’s
cases, in case one didn’t go as they
hoped, it was also his strategy to
hold back (sandbag) the charge error,
among the potential innocence claim
later on down the road, in the even
his (westfall’s) did not go as planned
either;
2. waive the attempted calpital murder
charge, aggravated robbery carried the
same penalty (so big whippty) ;
3. as far as I knew westfall never
attempted to plea deal with the adas,
i.E., He said that I was never have to
pay the $10k fine and that 35 years
would go back real quick for me (gee,
thanks for the emotional support!);
xcvii. Not preparing me to testify was
because it became pretty apparently early
on that I was not going to testify, what
made it soapparentl to him early on that I
was not going to testify; apparently he
did not spend enough time with me or else
he would’ve realized that
 4. I didn’t go to tiffani’s when he
argued I did, and/or
5. I didn’t rob and/or shoot mike and
andy (obviously not rick);
xcviii. The power of attorney was not to help
my mom and grandma defray some of my legal
costs, i.E., It was an attempt to defray
some of the expense of my legal cost,
i.E., He was my legal cost, and it was an
easy attempt to start draining it;
xcix. Not trying to show that there was a
reasonable doubt whether I shot these guys
because it would’ve cut against his whole
reason for me pleading guilty, that was
exactly what he was doing when he cross-
examined mike, andy, gass, mindy, and
tarah;
252.

vvv. They did not promise or guarantee me

probation, they more than suggested it by
telling me that if I got between 5 and 10 years
that gill could and would then reduce it to
probation because they knew him and were friend
(westfall even requested 10 years prison time
right along the 10 probation, as he so eagerly
pointed out);
www. The plea interaction between me and minick
did not occur because gill would've never
accepted it if he saw it and that it was done
in open court and was therefore “no secret”
(emphasis added);
c. I would’ve had to have been
particularly astute to rattle this off
right out of the chute in or on my direct
appeal pro se brief;
 ci. This is the same judge who helped
create the charge error for my appeal who
wouldn’t have accepted it had he seen it;
cii. Why did he tell my family not to show
up the first day of trial; i.E., Nobody
was there during the plea proceedings, but
me, gill, westfall, and minick;
ciii. Does westfall have the right to close
jury selection to the public, apart of
which my folks were apart (gill could've
carved out a portion of the benches for
the public by having the remaining jurors
sit in the jury box, and scotus has said
as much (it is structural error, to say
the least);
civ. Why couldn't they have done the slow
plea in front of the jury (i.E., Worried
the jury would see the nods!?);
253. But all he (mowla) said was something to the
effect
xxx. He dind’ see any extraneous file in the
file had had my mom get from westfall:
cv. So I asked her (my mom) if she took it
or anything else out of the file westfall
said he gave her on 8-5-05, but she said
no;
cvi.

1. So I asked him if he reviewed the file

minick said he had, which he said if
it was in the original file that he
had otherwise reviewed (i.E., The one
my mom got from westfall for him) then
no;
2. So I asked whether he thought he maybe
should, to which I got a hearty,
“nah!”
 yyy. I was right that connell went without
saying;
zzz. We had discussed the charge error and his
stance thereto that westfall sandbagged the
state;
aaaa. he felt like he covered the testifying
part on my behalf sufficiently enough;
bbbb. He had focused on the power of attorney
almost exclusively or something to that effect;
cccc. He covered the reasonable doubt scenario
sufficiently;
dddd. He covered the plea and probation ordeal
sufficiently enough;

27. A rtn. To the fed. Ct.

254. When we returned to federal court on 3-8-0840i
didn’t find out (mowla, nor my family told me) that
means adopted bleil’s f, c, & r that I was time
barred until the summer of 2009:
eeee. I was sitting in the dayroom at the allred
unit listening to two guys, one of whose name
was rooster who lived in sixty (60) cell41 (i
lived in sixty-three I believe) talk about this
new case, 42 and how we didn’t have an extra
ninety (90) days added to our year under the
aedpa to seek a writ of certiorari with scotus
after our pdrs had been denied;43
ffff. I wrote my grandma and told her and she
looked the case up and sent it to me; she
didn’t seem to act like she knew anything about
it and denied it out right when asked that my
writ had been kicked out of federal court
because mowla ran out the rest of my aedpa time
by:
 cvii. (1) routing my writ through the Dallas
division, which ate up sixty-seven (67)
days off my year (re-routing it back to
the ft. Worth division), plus then:
cviii. Giving the state (morgan) an extra
sixty (60 days (ninety (90) days all
together) to respond to his writ (a
hundred and fifty-seven (157) days in
all);44
gggg. I found that out after I read the case
and
cix. wrote mowla whether he knew scotus
held in lawrence that I didn’t have an
extra ninety (90) days tacked onto my year
to file a writ of habeas corpus;
cx. Mowla wrote me back that he “thought”
my mom and grandma told me that and that
he would’ve charged us $5k to appeal it to
the fifth circuit but that they didn’t
want to pay it so he didn’t appeal it.
255. I was floored, but by then, as discussed below,
they were already taken off my visitation list, so
I had to write them and they seemed just as shocked
and dismayed as I was, and even told me so; at the
least I could’ve tried to
hhhh. appealed it myself; or
iiii. Argued my original grounds from my direct
appeal, had they told me, but by then it was
too late.45
256. If they knew, which I suspect they did, I guess
they asked mowla to let them tell me and never got
around to it because they didn’t think I could
handle it, so they let me live on in bliss for a s
long as they could.46
28. Mowla’s lawsuit
against allred.
257. Mowla also filed a lawsuit against the prison
officials at the allred unit for not protecting me
from this texas syndicate (“ts”) dude who “shanked”
me with a sixteen (16) penny nail on 6-26-07 and
sent me to a freeworld hospital in wichita falls,
to say the least.47
258. Toward the middle of 2010:
jjjj. mowla wrote me
cxi. that the lawsuit was fixing to go to
trial, and
cxii. that he could not afford to drive
halfway across the state to attend a week
long trial that he had not even been paid
a dime to handle, and that I had two weeks
to respond with $5k before he was going to
withdraw (blood sucker);
kkkk.

cxiii. so I wrote him that my family was out

of money, and
cxiv. proceeded pro se;48
cxv. when
1. it came out in the wash, it wasn't
not fixing to go to trial;
2. it was fixing to get tossed out of
federal court for failure to state a
claim because the allred officials had
no prior knowledge of the attack, and
was therefore unable to take
precautionary action to protect me, or
so they claimed.49
29. My file.
259. After that mowla sent me my file that he had
compiled while handling my cases:
llll. It did not have or contain any extraneous
documents; and
mmmm. it did not contain the file minick said
he had and reviewed before filing his
affidavit.

30. Investigation while

incarcerated.
260. After I found out my case ws dead I started
working on it myself;i tried writing:
nnnn. Jason and tarah myself mid to late 2009,
but
cxvi. Jason wouldn’t respond, and
cxvii. While although tarah’s mom (sherry)
responded, she (sherry) didn’t respond to
my reply; she said something about
1. thinking I got too much time, or that
I had done enough (guilty; they were
probably blowing her phone up that
tarah let mike use to call paul and
his dealer);
2. how sad she was that her
granddaughter (kaylee) was going to
have to grow up without a dad (lucas
tucker) who fell off a radio tower at
work in 2009, and she told me about
that;
oooo. My folks to hire me an investigator to
interview my jurors and get affidavits from
them for, according to billy’s grandma,
 violating the court’s parole law charge and
jury argument instructions not to consider the
same as evidence in sentencing me, but they
either wouldn’t or couldn’t find oune willing
to do it;
pppp. the da to get a copy of its prosecution
file on my through my folks, but they either
wouldn’t respond or denied it out right, so we
filed complaints with the attorney general’s
open records division, which got a response:
cxviii. Ada ash;ley d. Four responded that
3. they were trying to get it for me,
and under texas government code
section 552.028 they were denying them
access to it;
4. my grandma had talked to her on the
phone in 2011 that she was trying to
get them for me; funny thing how that
worked out because my grandma had a
stroke on 12-12-10 which left her
unable to call or talk to her much
less tell her she was getting it for
me;50
5. she had some court pleadings from me
with the same typeface, which would
have had to have been my expunction
pleadings which had been ordered
expunged by sturns in 2013, so what
she was still doing with them remains
a bit of a mystery since sturns
ordered them turned over to him and it
was a class b misdemeanor to have or
use them in any type of a proceeding
like she claimed to have been doing
(did she not know; who was going to
prosecute the da, right?!);
 6. she got some copies of some
grievances I filed while in prison
with the same typeface, but yet she
didn't feel the need to attach them to
her response so whether she ever
really had them or was just playing
fast-and-lose with the facts is a bit
of a question, to say the least,
especially since I hardly ever filed
grievances, and almost never in type
because of the lined paper on the
grievances, which didn’t line up.
7. if I wanted them that I could hire a
lawyer like everybody else, but after
spending over $80k on legal fees 51 I
was like the rest of texas prisoners,
broke and without the money to do so,
and my folks were unable to wouldn’t
sink another dime into my defense
fund;52
qqqq. A few places just to see how much they
would charge to do the open records request for
me:
cxix. they either wouldn’t respond because
I was in prison, or
cxx. if they did respond they wanted a
ridiculously sum of money and my folks
weren’t about to do that;
rrrr. mowla, but he responded that his duties
to me had long since passed as a client so he
wasn't going to respond to any more letters
from me despite the huge sum of money I had him
to omit some pretty extraordinary claims and
get me procedurally barred (protect westfall &
minick) in federal court;
ssss. a few innocence clinic to look into my
case, but because my case didn’t involve dna
 they wouldn’t take it; they wood'n consider the
extraneous because there is no conviction;
tttt. several parole attorneys about trying to
get a copy of the da's file to see what, if
anything, it they put in there under art.
42.09, sec. 9, but they didn't or wouldn’t
respond and my folks were unable or unwilling
to spend another dime;
uuuu. prisoner service places after my set off
who said they would do it for $50, but over a
year later I was still waiting.

31. Investigation upon

release.
261. Upon my release from prison I continued my
efforts and contacted among other places, tcda
myself this time and requested not only my file but
my codefendants’ jason’s and diane's too and
discovered new evidence, or atleast new evidence to
me, or at least newly available evidence to me:
Daniel & westfall (mollee).
262. Danile’s probation was revoked by westfall’s
wife, mollee, right after my pdr was denied (what
was the chances of that, right!?), Which suggests
to me the westfall’s were preparing for battle for
my up-coming writs by moving to have daniel locked
up; they wanted a captive audience to coerce a
false confession out of daniel by threatening him
with more time.
Daniel & mowla.
263. Mowla represented daniel on his habeas corpus
at the same time he (mowla represented me on mine;
this was the same kind, according to tiffani’s
 misrepresented testimony, thanks to westfall, who
supposedly went with me to tiffani’s after
supposedly shooting rick, which suggest to me the
reason why he wouldn’t argue I didn’t shoot rick
was because he was worried it would affect his
other client, daniel.
The missing warrant.
264. Charla’s warrant from when she first arrested
me on 2-23-02 was missing (ex 6), which tells me
Mike's 2-23-02 identification (of me) statement (11
ex) and photo spread results (12 ex) were charla’s
only probable cause for my arrest.
Jason’s missing photo spread results.
265. Jason’s photo spread results form when charla
attempted to have mike identify jason on 2-23-02
was also missing from the file (13 ex), which tells
me that charla probably didn’t “ask” mike to
identify him when she asked him to identify me,
which tells me that she didn't ask mike to identify
me before arresting me, and which tells me she only
said she did because if she didn’t, people were
going to ask why, which meant mike couldn't
identify him or else she would have to …
Missing photographs.
266. The photographs of jason, jeremy, and jake
hardin posing for the camera in front of a large
pile of marijuana with a bunch of big flashy gaudy
jewelry, point a pistol, the same pistol jason was
arrested for in azle, at the camera, my mom found
in jason’s stuff and gave to westfall, who then
gave them to the ada were missing (__ex).
267. After re-requesitng the m from tcda and the
fwpd (with regard to the first two) and discovering
neither had them, I requested a copy of foran’s,
 charl’s, and hanlon’s (his because he notarized
mike’s affidavit) personnel files to see if they
said anything about it, or if they had ever gotten
in trouble for removing documents from files or
anything like that and discovered further:
Commendation letter.
268. A commendation letter in Hanlon's file from
charla memorializing the date (2-23-02) and time
(10:25 pm) she got my missing arrest warrant signed
by some unspecified ft. Worth magistrate, which
tells me that charla arrested me before she got the
warrant signed by the magistrate, especially when
combined with my cell phone records that somebody
called 911 on my cell phone at 8:14 pm and my
memory of being arrested right after brett left
with my cellphone, plus the time warp at the
detective’s office.
Hanlon's disciplinary records.
269. Hanlon got in trouble sometime prior to for
doing nearly the same thing, then lying to try and
cover it up (67 ex), which tells me charla and
hanlon got back with mike after I was arrested,
probably on the same day they had mindy, tarah, and
andy identify me, to redo his affidavit that he
identified me, but not jason, before I was
arrested, but they left the original date (2-23-02)
the same, then hanlon notarized it to corroborate
charla’s photospread date with mike, which caused
me to question if they were redone too, why mindy’s
and tarah’s affidavits weren’t notarized and which
I asked and they, or at least tarah, said, yes, to
say the least, (11 ex 2:13-15 + 31-39).
Mvd & lpn
 270. Charla queried the mvd after bush searched ft.
Worth for my truck and hysmith seized it whose
truck he (hysmith seized, although she (charla)
said hanlon pulled up my fwpd ticket file and got
my lpn just a few short hours prior to, which tells
me, when considered with the old and with the new,
that hanlon didn’t really pull up my ticket file
and get my lpn so that bush could search ft. Worth
for my truck (2 ex 13:49-59)(3 rr 151:15-16), which
also tells me charla probably didn’t go by the cpd
after she left mindy’s the first time, and which
tells me the print-out was an affront to yield
credence to an already incredible story.
Charla’s letter to goin.
271. Charla’s letter to goin that I needed to be off
the streets permanently (61 ex), which tells me
that charla believed mindy and jerri that I was
going to kill them if they talked that she (charla)
went out right then and there to arrest me without
a warrant, even if it meant she had to lie that
tmike identified me before I was arrested (2 ex
23:34-40)(16 ex 3:27-30).
Rifle & bullet link.
272. Goin examined the bullet holes where the bullet
entered the trunk, split in two, entered the back
seat, and hit rick (both pieces), but he and the
doctor who later x-rayed rick were unable to locate
the other pieces (only one) of the bullet, or
(goin) any remaining third piece that may have
gotten lodged anywhere in the back seat, etc.,
Which tells me two (2) things:
vvvv. The other piece of the bullet evidently
broke through the backseat, but didn’t have
enough velocity left over to do much more than
break the skin, then was evidently unknowingly
 or unwittingly brushed away, forgotten about,
and unnoticed during the ensuring first aid and
rush to care (melee).
wwww. Stephen didn’t really find the other piece
of the bullet because:
cxxi. goin, a trained csi, well aware of
the missing piece, thoroughly processed
the crime scene for the missing piece and
couldn’t find it, and
cxxii. Stephen never called the cops to let
them know about his discovery (i.E., They
had to ask him some 365 days later)
Chain of custody.
273. Stephen’s and jheen’s 4/3/02 car repair bill
(51 ex) and tcda’s (hubbard’s & deleon’s) 11-26-02
investigation report, which tells me:
xxxx. Even assuming stephen did find it, he
possessed it (the metal splinter) for nearly a
year before hubbard and delon took official
custody of it and had fwpdcl (fazio) compare it
against an exemplar from the rifle (65 ex), and
yyyy. When considered in conjunction with fwpdcl
chemists' stacie smith’s and max courtney’s lab
results from coker’s (methamphetamine) and
andy’s (white powder residue in the clear glass
vial, which charla evidently even thought it
was contraband), whatever state’s exhibit 33
was was not fired from state’s exhibit 36.
The rifle & the toolbox.
274. Charla’s letter to goin that I needed to be off
the streets permanently, which tells me:
zzzz. Because charla believed mindy, jerri, and
later on jason, kodi, jake hardin, and tarah,
etc., That I was going to kill them for telling
on me if I ever got the chance that she
 (charla) not only went out right then and there
to arrest me without a warrant, but that(2 ex
23:34-40)(16 ex 3:27-30)
aaaaa. She also probably moved or had moved.the
rifle from the car of my truck where I last
recalled it (1ex 5:46) to the toolbox where csi
gass claimed to have found it (3 rr 146:4) so
that it matched where greg, jheen, and stephen
said they saw it, or at least they saw the
suspect go before they were fired upon.
Misidentification.
275. Jheen was at a bar (goin reported that they
had been at jj’s hideaway, so I looked it up to see
what kind of place it was) with, among others, rick
43:4 ex)(57 ex), which tells me:
bbbbb. If jheen was at a bar with rick till three
in the morning she was probably intoxicated
and, contrary to what she said, she did not get
a good look at the suspect because they
were at some seedy bar, not some innocent
sounding little birthday party like with cake
and ice cream, I got curious and looked up
their criminal conviction records with the pds
and discovered further rick’s criminal record
for partying and drinking
ccccc. Paying very good attention to the suspect,
especially when considered in conjunction with
the fact that she had been asleep (the
determined little devil) Hartmann had to coax
her (jheen) to concede she “dozed” off by
texico before passing highway 51 on highway
377.
Description/attention.
276. Stephen who stood face-to-face with the suspect
was between 5’7” and 5’10” tall, had brown hair,
 was wearing jeans, but that she was unsure how much
he weighted (fat or skinny, or something were there
in between), what color he was (light or dark
complexioned, or something there in between), or
how old he was (old or young, or somewhere there in
between (48:1 ex), which tells me:
ddddd. Jheen wasn’t paying very good attention to
the suspect because of the discrepancies
between her and stephen, and her and me which
would have been between two (2) to five (5)
inches, who stood face-to-face with this
suspect and who was evidently positively
certain I was not the suspect because if it was
me, he wouldn’t have been looking 5” down on,
but 1” up to (goin reported stephen was 5’11”,
and bush recorded my height at book-in at 6’
even;
eeeee. Jheen’s opportunity (it was dark, she just
awoke), the lapse between the crime, jheen’s
pre-trial identification and in her somewhat
vague description accuracy her certainty in her
pretrial identification tells me, jheen
misidentified me according to the five (5)
identification factors scotus highlighted in
biggers v. ...And her lack of attention
Suggestiveness; 3-7-02 mugshot.
277. Jheen said on 2-23-02 the suspect “look}ed]”
like he was “drunk or something[,]” though for
arguments sake I was obviously not given the two
week sting that I had just spent at the mansfield
jail and in the photograph used to elicit jheen’s
pretrial identification jheen said , which tells me
hubbard and deleon purposely selected my 3-7-02
mugshot over my 8-21-01 mugshot which charla sent
going to conduct another independent identification
procedure because it tended to match jeans pretrial
 identification of me looking to have been drunk or
something
Jheen & stephen & probabilities.
278. Jheen and stephen both slectectioned position
six, which was statically unlikely (16.6 or 1 in 6)
(53 & 54 ex) which tells me that hubbard and deleon
probably told jheen after he tenuous identification
that she identified their suspect because stephen,
who went after jheen, also identified the man in
position six, who was not me, which also tells me
that they weren’t watching them outside the
interview room where jheen was likely able to pass
off the information what position their suspect
(me) was in, thought they had to move it by policy
Influenced/evidence of witness tampering.
279. Despite their 2/23/02 discrepancies, greg,
stephen, and jhene still participated in hubbard’s
and delon’s 11/26-02 identification procedure and
stephen and greg were evidently positively certain
I was not the suspect, which tells me that hubbard
and delon didn’t tell jheen that I was six inches
taller and twenty five (25) pounds heavier than
what stephen, who was in the best possible position
(face-to-face) to identify the suspect, said the
suspect was, or between two and vive inches taller
than what jheen even said.
280. Which tells me that, rather than tell greg,
jheen, and stephen that I was way taller and
heavier than the suspect whom they described,
hubbard and deleon probably showed them charla’s
photographs of my truck and brett’s rifle and told
them where they found it (the rifle)(in the
toolbox) and that tiffani (my girlfriend) lived a
few short miles away from where rick was shot (as
did countless others); although jheen didn’t
 mention anything about the nadles being on the back
of the toolbox when she gave her 2-23-02 statement,
she sure was sure to point that hout at trial when
hartmann asked her about them a year later (3 rr
233:24-234:2).
281. Old evidence of in-court persuasion
282. Hartmann told the jury this and when she asked
{who] voir dire with the jury where everybody would
be seated, including the three police officers and
the fact that, each of their witnesses but tarah
whom they asked to identify me they singled out the
police officer seated next to me, which tells me
that hartmann singled me out told jheen that I
would be a pa police officer would be seated right
next to me.
Undisclosed additional suspect.
283. Carrie davis, a dark haired girl, o less, and
stanley thomas were also suspects in hartmann’s
extraneous and they actually even left physical
evidence at the crime scene (a hard hat and a
license plate registered to carrie evidently fell
out of the back of stanley’s truck (43:4 ex).

32. Westfall’s (Greg’s) &

friend’s legal
strategies(sandbagging)
284. It appears either westfall and/or minick failed
to investigate the facts, research the law, and
apply the law to the facts, or it appears westfall
and minick misrepresented tiffani testimony when I
went to her mom’s so that they could sandbag the
charge error at trial for wynn to argue on appeal:
fffff. If westfall’s trial strategy was not
wynn’s appeal strategy, why didn’t westfall use
the information listed above to pursue an
impeaching or exonerating cross-examination of
charla, fazio, gass, and jheen?
cxxiii. In burke v. State, 80 s.W. 82 (ca2 5-
28-02, on remand) westfall and judge wisch
sandbagged burke’s intent to assault
hunter by running the redlight;
cxxiv. In nickerson v. State, 2003 tex. App.
Lexis 10216 (ca2 2003, pet. Ref’d)(he was
asked for a higher standard of waiver to
the meaning of a conflict-of-interest in
capital cases by having nickerson waive
such because westfall’s wife wsa
prosecuting nickerson))(greg and mollee
westfall tried to set a higher standard in
capital cases for waving potential
conflicts of interest)
cxxv. In State v. Daugherty,931 s.W.2d 268
(cca 1996) Kearney and his young protege
(westfall established art. 38.23 has no
inevitable discovery counterpart to the
fourth amendment.
ggggg. Surely I would’ve opted for it over
accepting responsibility for a crime I didn’t
commit for shooting rick;
hhhhh. Surely I didn't think westfall’s “noval
defense” of accepting responsibility for
shooting rick, then floating the paxil defense
was better (shcr 95);
iiiii. Surely Westfall didn’t think it was
better, unless of course, it was to argue on
appeal that Gill failed to charge the jury on
the law applicable to the case.
jjjjj. But for westfall, hartmann didn’t even
want to accuse me of shooting rick at
 sentencing, i.Eshe just wanted to use it to pad
her file in case I decided to exercise my
constitutional rights to a jury trial on my
guilt or innocence for the crime charged (2 rr
7:17-22).
kkkkk. Every time either hartmannor gill
maneuvered to include an instruction on the law
applicable to the case, either voluntary, what
hartmann was pushing for, or involuntary, what
gill believed, westfall objected had a fit
there was no presumption of innocence at the
punishment phase of my case (2 rr 75:24)(4 rr
220:8-11)(5 rr 2:11-18), which only reinforce
its necessity and lessened the harm analysis
from the “egregious” harm analysis to the
“someharm” analysis.
lllll. In Bluitt v. State, 70 s.W.3d 901 (ca2 2-
14-02), pet. Granted, rev’d on other grounds),
westfall sandbagged …
mmmmm. Bluitt’s trial judge (wisch) failed to
sua sponte charge the jury on the law
applicable to his case at sentencing, similar
to how gill failed to charge my jury on the law
applicable to my case potential criminal
responsibility for allegedly shooting rick (1
cr 78)(2 cr 33);
nnnnn. Bluitt’s case get overturned on appeal, at
least till it was determined the extraneous had
already been previously adjudicated beyond a
reasonable doubt; my case, no doubt, wouldn't
been overturned, at least till tony (gregory)
filed the state bar grievance and wynn withdrew
and gill appointed me a bogus appeal attorney
to do his bidding and quite possibly interfere
with my writ counsel too (acr 4:4)
ooooo. Hartmann prosecuted bluitt, and defended
the state on appeal, similar to how she did me,
 but for the appeal; they wouldn’t let her
defend the state (1 ex 15:54-16:5)(1 arr 3:19),
apparently because they had somebody better (1
arr 1:19); see also Edward Wilkinson,
grunsfeld, ten years later, 35 st. Mary's l.J.
603 (2004).
ppppp. Wynn's wife (Sheila wynn) defended the
state in Ranger v. State, 2005 tex. App. Lexis
10430 (ca2 2005, ______); incidentally, for
some strange reason, Shelia, who had no other
apparent connection to my case, subpoenaed Gary
and sherry green to bring Tarah t testify at my
trial for the state (1 cr 88)(2 cr 48), then,
in some weird twist of fate, or not,
qqqqq. Wynn (Ragan) represented the same inmate,
tony, who filed the state bar grievance for me
on westfall causing his (wynn; regan)
withdrawal and costing him his case winning
precedent or accolades or trophy or mantle on
the fireplace.
rrrrr. (A) stephen didn’t really find the other
piece of the bullet because one (1) goin, a
trained csi, well aware of the missing piece,
thoroughly processed the crime scene for the
missing piece and couldn’t find it, and because
stephen never called the cops to let them know
about his discovery (i.e., They had to ask him
some 365 days later).
sssss. Gregory v. State, 2010 Tex. App. Lexis 618
(ca2 2010).
ttttt. It (wynn’s appeal strategy) also was in
Moore v. State, 165 s.W.3d 118 (ca2 2005, no
pet.); Not only did gill fail to charge my jury
on the law applicable to the extraneous case
uuuuu. Gill also failed to charge the jury on the
law applicable to moore’s extraneous case; but
l;ike in bluitt , and unlike in mine, moore’s
 extraneous had already been adjudicated beyond
a reasonable doubt in a prior proceeding

To do list

285. Ruth’s place clinic 1411 crawford avenue

granbury, texas 76048, tel: 817-573-6800,
www.Ruth’s place.Org; hours: m-thurs, 8:30-4 pm
(closed for lunch:12-1)
 286. Mri shoulder
287. Mri hernia
288. Teeth cleaned
289. Antidepressants

290. Cash checks/open bank account

291. Job

vvvvv. Directory of texas workforce solutions -

vocational rehabilitation services offices;
note: near me--1030 e us hwy 377, ste 202,
granbury 76048, tel: 817-573-4282

wwwww.Paralegal jobs in granbury, tx - apply

now/careerbuilder
xxxxx. Paralegal - fort worth (granbury) with
legal aid of northwest texas, legal aid of
northwest texas
yyyyy. Freelance paralegal job - legal
transcribers needed

Inmate Telephone System; phone money

zzzzz. Refund: 9-11-20;
Discoveryaiu: Transcripts for college; email
Start semester september
847-586-4555 Jaclin
Nichole

292. Kj’s
293. Money
294. Cds

My cell phone; samsung

cxxvi. Tel: 682-500-2753
cxxvii. Email: [email protected]
aaaaaa. Brg1982
bbbbbb. Voice mail
cxxviii. Password 2278
1. Note: to change press 4

Driver’s test notes

295. A red arrow displaced on a traffic light means:
stop/proceed when changes
296. Inattentive drivers (phone, etc.)--Give extra
space
 297. How many drivers fight oncoming highway
hypnosis? Scanning/not starring (note: not all of
the above
298. When hand singling, stop holding the signal
immediately before making the turn
299. Pedestrian only, not school crossing ahead
300. Inattentive drivers: states at objects off road
301. Diamond yellow sign: warning sign
302. Honk when lost control of your car

Badgeroil company

Scheduled driving test for 1-28-21 in tolar

Purchases:
303. Storage Rack for weights, 1” hole, walmart $30
304. Basic bench $69

Microsoft Edge update tutorial

305. Install extension
306. More (3 dots)
307. Extension
308. Left side: Get Extension from Microsoft soft
 309. Select an extension to go to a detalp page
where you learn more and instal (green line icon)
310. Select get
311. Icon appears in bar at left
312. Left side upper bar; click to start collection
313. Click Start collection
314. Name it
315. Click add current page
316. Says you can also drag content from web page to
left under “cameras)
317. Says or create a note by selecting the note
button
318. Says do even more from the sharing and more
menu, like opening you collection in Excel or
copying it to the clipboard

AFFORDABLE INMATE SERVICES:

ATTN: DAVID MAINS
P.O. BOX 635145
NACOGDOCHES, TEXAS
75963
ATTN: REFUND AND eFile

9-3-2020

Dear Sir/Madam,

I am a customer of yours. I just got out of prison or made parole. I have

319. a positive account balance with you, and

320. An eFile with you.

Will you please send

321. Me the funds I have on deposit with your company either byway of a check or
money order, and
322. Me a USB thumb drive of my documents I have stored with you via efile (please
don’t delete them until I get the thumb drive and confirm it is complete)?

Please send the above plus any questions or comments to me here:

Sincerely,

___________________________
BARTON R. GAINES
244 SIESTA COURT
GRANBURY, TEXAS 76048
Email: [email protected]
TEL:682-500-2753

Elite Paralegal Services

P.O. BOX 1717
Appleton, WI 54912-1717

Re: refund/documents

9-3-2020

Dear Sir/Madam,

I am a customer of yours. I just got out of prison or made parole. I have

323. a positive account balance with you, and

324. You have a copy of my trial transcripts.

Will you please send

325. Me the funds I have on deposit with your company either byway of a check or
money order, and
326. Me a USB thumb drive of my trial transcriptsI, which you have stored on your
computer.

Please send the above plus any questions or comments to me here:

Sincerely,
___________________________
BARTON R. GAINES
244 SIESTA COURT
GRANBURY, TEXAS 76048
Email: [email protected]
TEL: 682-500-2753

TARRANT COUNTY DISTRICT CLERK

401 W. BELKNAP ST.
FT. WORTH, TEXAS. 76196

BARTON R. GAINES
244 SIESTA COURT
GRANBURY, TEX. 76048
Sept. 3, 2020

RE: Cause Nos. 836979A & 0836985A

The State of Texas vs. Barton Ray Gaines
Court Cost
(note: 2002)

Dear Sir/Madam,

I want to pay the court cost in the above matter. I would

like to work out a payment plan. I am currently unemployed. So I
may have to defer payments until employed, but I would like to
set up some kind of a plan with you regarding a payment plan
regarding my court costs.

Please contact me at the address above.

Sincerely,