Evans, Thomas Lee
This text of Evans, Thomas Lee (Evans, Thomas Lee) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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For nearly forty years I have been licensed by the American Board of Opticianary, and have worked within the field of opticianal practice at all levels of the tradé. My complete professional credentials are included in my curriculum Vitae, which is part of this affidavit. 1. Thomas Lee Evans contacted me in November of 2009, and told me that he had been in a jury trial, [Cause No. 19,180] in which a pair of glasses were used in his “trial to link him to a crime~ He asked me if I would review the testimony of a Texas Department of Corrections optometrist, a Mrs. Nanette English, and a Mrs. Denise Arnaud, a Texas Department of Corrections employee in charge of Medical Records. His objective was to verify `or disclaim a statement by Mrs, Arnaud that a Comparison Test made by a T.D.C. employee for the police as part of their investigation, of the glasses found at a crime scene to a prescription form made while Mr. Evans was in T.D.C., was in fact "Records kept in the normal course of business of the Texas Department of Corrections"; and whether or not this Comparison Test was "Records that were made in connection with your official duties with the Texas Department of Corrections." I agreed to read his documents and give him an opinion, pro bono. 2. MRS DENISE ARNAUD, In Charge of Medical Records of the Central Region of the T.D.C.: (a) Under Oath, Mrs. Arnaud stated that State's Exhibit #12, are l"Records kept in the normal course of business of' the Texas Department of Corrections,"(S.F. Vol. IV, page 400, lines 8111); and that they are "optician records of inmate Thomas Lee Evans,"(S.F. Vol. IV, page 400, lines 12-25, thru page 401, lines 1-5); and specifically agreed with the District Attorney that, "these records that were made in connection with your official duties with the Texas Department of Corrections,"(S.F. Vol. IV, page 401, lines 6- 9). It is revealed that the last page is the results of the Comparison Test made against the crime scene glasses against Mr. Evans' prescription while he was incarcerated in T. D. C.,(S. F. Vol. IV, page 408, lines 15-25, thru page 409, lines 1-12). QUESTION: Is the Comparison Test m de by a T~D.C. employee for the State as part of its criminal investigation, a» "Record kept in the normal course of business of the Texas Department of Corrections." ANSWER: No. I have been associated with the opticianal field for about forty-five years and I never heard of an optometrist,_or an unlicensed, self~proclaimed"Clinic Supervisor" . in charge of "dispensing glasses," conducting an examination of criminal evidence and then holding a Comparison Test of those results to our records. The analysis of evidence and the Comparison Test are not part of our"normal course of business." »The prescription made while Mr. Evans was in T. D. C. is, the analysis of evidence and the results of the comparison test are not . Mr. Evans also pointed out to me that he was not in prison during this Comparison Test, but in the county jail. I don't see T.D.C. being in control of Mr; Evans in any way; 3. MRS. NANETTE ENGLISH,_Walls Clinic Supervisor: In addition to the above, I made several independent observations regarding the`testimony of Mrs. English, a "Supervisor of the Walls Clinic of the Texas Department of Corrections"(S.F. Vol. IV, page 403, lines 18-20); whose job description is "I run the eye clinic there dispensing glasses" (S-F. Vol.-IV, page 403, lines 23-24). The District Attorney, Mr. Stover, before the trial began during a pre-trial hearing, stated that she was an Fophthalmologist from TDC" and that she had:"come down to testify and said it was the glasses prescribed to him and given to him while he was serving time at TDC." The Judge responds "Okay. " Since the trial has not began yet, 1 presume she testified in a Grand Jury Hearing. (S.F. Vol. lI, page 183, lines 22- 25, thru page 184, lines 1-3). At any rate, I question whether or not Mrs. English is an ophthalmologist, a Doctor,qualified to make any observations. She made several statements to the lawyers that showed a lack of experience in the opticianal field, which in my opinion is misleading to the lay person, and would wrongly support the State's claim that these glasses were positively Mr. Evans'. She specifically states, "the_glasses match the prescription," (S F. Vol..IV, page 409, lines 8-12,"_as`if she is an `authority on the subject of testing a pair of glasses found at a crime scene, and then comparing that analysis to a known prescription. As I'll show, I have reason to believe that she is not an authority in the opticianal field. I also notice that the lack of opticianal knowledge by every_person there, including the judge, allowed Mrs. English and the D.A. to »introduce a false statement as if it were true. A truly skilled practitioner, such as I, could have easily discredited Mrs. English's testimony, or verified its authenticity. 'ca) QUESTIoNs FoR MRS. ENGLISH: 1. Did you test Mr. Evans while he was in prison? At (S¢F. Vol. IV, page 404, lines 15-16) she states that jlines 10-11, a "doctor" does the testing.FAt Page;40f she says that the Ramsey III Eye Clinic conducted the examination (another prison); and confirms the State's question of whether or not "the order actually issued was for the glasses that the doctor ordered for him,"(S.F. Vol. IV; page 408, lines 11-14); and then "the eye clinic actually ordered the exact prescription that the doctor had said?" "Yes, sir.?(S.F. Vol; IV, page 407, lines 20-22).Who are these doctors? Are they licensed? Is the document even ` authentic? I wouldn't question this but for the fact of this testimony being deceptive. (Her and the D.A. testifying as if she is qualified, an ophthalmologist (S.F. Vol. II, page 183, lines 22~25, thru page 184, lines '1- 3) qualified to give a professional opinion, when she is obviously not. ) If she will mislead the layman in this manner, then what else would she do? 2. The D.A. asked Mrs. English if she has a "machine" she can test glasses on and she says"yes."(S F. Vol. IV, page 408, lines 18- 21. ) She then admits to testing the crime scene evidence on this machine and coming to the conclusion that these glasses were exactly the same as those ordered for him/(S.F.-Vol, IV, page 409, lines 3-15). My question here, is, what qualifies her to do a test of these glasses on a lensometer? Is she a licensed optomitrist? Where did she get her training? 3. Had she told me she knew how to use a lensometer I would have asked her to demonstrate the procedures. It would be easier for the unexperienced person to "say" they have made an exact finding than to actually recieve one by proper operation. v (b)OVERALL there is no "professional" analysis here, and the only "proof" I see here of "her" conclusion is her "own" opinion. The most glaring example of her inexperience is found on Direct and Cross-examination. when asked at (S.F. Vol. IV, page 406, lines 12-22) what kind of vision. problem Mr. Evans had, she simply said "Myopic," which is 'a legitimate analysis, accurately defined as "nearsighted," which the D.A. defines as "he can see close up, okay, but can't see things far away." But, on Cross-examination at(S.F. Vol. IV, page 413, lines 14-25) she is asked the same question and states, "Myopia with an astigmatism" thich is a completely different prescription. For example, a person with myopia could not even see through a pair of glasses of someone with an astigmatism. Which is it, myopic, or myopic with an astigmatism? And then she falsely defines this prescription as; "That means he's 'nearsighted, can see close up; but can't see far off. An astigmatism reflected hg§ to be put in to correct different angles," and Mr. Evans' lawyer says, "Okay." This is not okay. An astigmatism means an "irregular cornea," not an "astigmatism reflected has to be put in to correct different angles." Merriam Webster's Collegiate Dictionary, Tenth Edition, defines it as‘ stigmatism:l: a defect of an optical system (as a lens) ausing rays from appoint to fail to meet in a focalvpoint re§glting ”i' in a blurred and imperfect igaqe. 22a defect of vision due to a sti matism of the refractive s stem of the e e and e§p. to corneal irregularity¢ 3:Distorted understanding suggestive of the blurreg vision on an §§tigmatic person." Mrs. English's only attempt at technical jargon associated with my trade proved that she.was not a skilled practitioner. Had a truly skilled optician been called upon by Mr. Evans' lawyer, such as I, to question Mrs. English, her inexperience would-have been easily revealed and the outcome of the eye glasses testimony and the admissibility, would have possibly been much different. Nothing in this entire testimony convinces me that the glasses tested, §§ they were tested, were the exact same as those issued to Mr. Evans while in prison. I quit practicing two years ago after forty-seven years in the field, and I can in good conscience make this claim based on my own extensive qualifications. ' *** EMPLOYM§NT Curriculum Vitae grmmi§_ MASTER CERTIFIED OPTICIAN Education: Apprenticed Under My Father, Beginning At Age Fourteen Master‘s Achieved In 1979 American Board Of Opticianary International Academy Of Texas Certified Ophthalmic Association 0f Texas Employment: Self-emploed For Forty Years, Certified Optician's Office **k'k "I. under both Federal law (28 U.S.C. §1746) and State_law (V.T.C.A. Civil Practice & Remedies Code; §132.001-132.003), CURTIS COOK, TDCJ #1585493, incarcerated at Ramsey One, in Brazoria County, Texas, declare under penalty of perjury that the foregoing INITIALED pages of this Affidavit are true and correct. ~ Executed on January 6, 2010.j駧§§§§§;§§:z§_<=:j_" INMATE'S DECLARATION E;nibit "`§ " AFFIDAVIT THE sTATE oF cALIFoRNIA § § CoUNTY oF oRANGE § BEFORE ME, the undersigned authority, on this day personally appeared Larry Ragle, who being by me duly sworn, upon oath deposes and says, "I am Larry Ragle. I am with the Center for the Forensic Sciences. - 1, My professional credentials are included in myfcurriculum vitae which is part of this affidavit. 2. Thomas Evans contacted me by mail dated December 1, 2003. He had obtained a copy of my book, Crime Scene, Avon- Harper/collins, 1995. Evans indicated in his letter that he had read the chapter on serology, specifically the section on secretor status and ABO typing of semen samples. He asked if I would review the laboratory and police reports that he had obtained regarding hisfcase. I agreed to review his documents, pro bono. 3. I have reviewed several documents submitted to me for review related to Thomas Evans' case: a) Scene and . Investigation Reports fromwthe Montgomery County Sheriff's Office regarding case #86-14560; b)Texas Department of Public Safety Laboratory Reports-Case #L2H54833 (1) Serology Examination by Sondra Denney. (2) Hair Examination by Randy Snyder; (3) Transcript of Testimony of Sondra Denney at trial pages 365-389. 4. The serology report by Sondra Denney of the Texas Department of Public Safety indicates the presence of semen by P30 but in a quantity below the sensitivity of the inderect ABO or secretor status techniques, used in 1986. There were two stains, however no attempt was made to combine them. No ABO activity (detection) is also explained when the sample is that of a non-secretor. Evans was determined to be a type A secretor, the Victim a non-secretor. These results obtained do not implicate Evans in any way other than-he is male. This is an opinion based upon these 1986 results only.r The ABO typing system is, today, totally obsolete for forensic purposes. At the time of Mr. Evans' trial it was the only test available. At best, ABG type, secretor status and PGM typing could exclude ppssible donors but could never be speciftc. In Evans' case, the results, as described above by the analyst, were inconclusive. `5. . In a March 15, 2004 letter to me from Mr. Evans he asked, several questions that I answered in a letter dated April 4, 2004. The following background information, questions and ...1_ w/L answers are excerpted from those two letters: Mr. Evans' Letter¢ 3[15[04: Page 2: "NOTE: Nearly all of the following questions are critical of the procedures used by the officials mentioned. I can‘t help'€ doing this. Though I would like to know your opinion based upon your full range of professional knowledge, in all fairness I have asked these questions with the Limits in mind of the technology and understanding available to these people ,between June & October of the year 1986. These are the days between when the crime was committed and the trial's ending.` *** "Crime Scene: Patrol OfficerL Mr. Robert ngl Dunn:' On the night of the assault, June 15, 1986,:the first officer on the scene, (Mr. Robert Paul Dunn of the Montgomery County Sheriff's-Dept.), interviewed the victim, (Ms. Maury Lynn Stryker), for about 20 minutes, and then escorted her and her friend, (Ms. Shirley Jordan), back to Ms. Stryker's apartment so that he could secure the scene, (S.F. Vol. III, page 315, lines 11- 20). Upon arrival'they each noticed that the apartment door was open, and had been open for approximately 30 minutes. Offrcer Dunn told them not to disturb the door, (S;F. Vol. III, page 314, lines 21-24), and together the three of them entered the apartment and walked around to see what was out of place. During the course of their search they found several items of evidence inside the apartment, (S.F. Vol. III,-page 324, lines 10-17), and after realizing that Ms. Stryker's purses were missing, found them outside the apartment by a sidewalk and some trees, (S.F. Vol. III, page 268. lines 16-25) through page 269, lines 1-18). . Sometime during this, a man showed up at the scene and !claimed to be the apartment security. This person did not testify, and the fact that he was a black person, and his name, have been removed from the S.F.. I would also like to point out at this time that Ms¢ Stryker's windows were securde, the sliding glass door was secured and with spiderwebs on it, and. she said that she always locks her door. , Though the S. F. has been edited for the most part of the following, Officer Dunn and Ms. Stryker both stated that Ms. Stryker was not bleeding or in any need of immediate medical attention. Though not in need of immediate medical attention, Officer Dunn left the crime scene in thercare of this guy who _is said to be apartment security, (S. F. Vol. III, page 344, lines 17- 21). Though'called, no other police we e present at this Page 3: .-2_ timer the door was left open, and there was two purses laying outside somewhere. *** guestion : Should Officer Dunn have let Ms. Stryker and Ms. Jordan walk around the crime scene?' *** M£. Ragle's L§tte§l 4/7[04: Answer 1. Re Dunn allowing Stryker and Jordan back into the scene, Answer: No» The scene should be examined and photographed first. After that, only the victim should be allowed to enter the scene. and then, just far enough to inform the investigator where events took place, what items are not hers, what has been moved or v 'changed and what might be missing. In general, this:is not a fatal blunder but certainly/could compromise some investigations. A non :involved person should never be allowed into the scene. *** Evans' Letter: guestion 2: Should Officer Dunn have left the crime scene in the care of this civihian? - ‘ *** _Ragle's Letter: . Answer 2. Re Dunn leaving arcivilian in»care of the scene. u`Answer: No. However, it's not a fatal errors See #3 below. - -- *** . ~ guestion 3: Because the security guy was left alone with the evidence, does his place in theichain of custody of all the items of evidence matter? ‘. _ - **»'k Ragle's Letter: Answer 31 Re security guy breaking the chain of possession.. Answer: He is ig the chain of possession if he had sole control of the evidence for a period of time. If the DA failed to call him as a witness, Mr. Canlas (or appropriate counsel) can explain better than I, how it effects the admissibility of all the ` evidence; ~k** Evans' Letter: "Crime Scene Investigator, Srg. Noel Stgnley: In October of 2000, Identification Invest' A.B; Carlisle, of the Montgomery County Sherif to me a copy of the enclosed packet I've tilt" . l _3_ _ File, 86-14560", which is 4-pages. He sent me a color'copy of' some pictures as well, but I spilled some water and two small dots landed on them. If I can't get a new copy I may have to send these. On page 1, you will see a form made by Srg; Noel Stanley' titled "Supplementary Investigation Report", dated 6-15-86 at the top. On this form Srg; Stanley states that he arrived on the scene at "3:15 a.m.", and that he`"photographed the scene as he saw it". In the trial he states that another fellow, (Mr. Jerry Jackson), photographed the scene "at his direction", (S.F. Vol. III, page 356, lines 6-20; and page 360, line 25, through page 361, lines 1-12).# In this Supplementary Investigation Report, Srg. Stanley also states that he was contracted at "2:35 a.m." by the Montgomery County Sheriff's Dept. Dispatch, and that an , Identification Officer was requested by Srg. Billy Rogers, to go to the scene. In the trial, the D.A., Mr. F.M. "Rick" Stover, is questioning the victim, Ms. Maury Lynn Stryker, v about these photos, and after Ms. Stryker identifies State's Exhibit No. 7, which has arclock:in:it, she assures Mr. Stover "twice" that the time on the'clock is correct and shows the time the picture was taken. The time is described as "2:30 something a.m.", (S.F. Vol. III, page 309, lines 11-25, through page 310, lines 1~3). ' _ Needless to say, if Srg. Stanley was contacted by phone at 2235 a.m., and arrived at the scene at 3€15 a.m., and the pictures with a clock showing the time to be 2230 something a.m., is true, then Srg. Stanley did not photograph the scene- "as he saw it", and the statement he gave in the trial that these 6 pictures were taken by Jerry Jackson "at his direction" is not true. In this case the crime scene wasin the care of Mr. Jackson from at least 2:30 something a.m. until 3:15 a.m. At the very minimum Mr. Jackson walked around the'crime scene- taking pictures for 36 minutes. » ' *** Qgestion 4= Does Mr. Jackson's place in the chain of-custody of all the evidence matter, if he was there alone with the .evidence for 36 minutes or more? *,** ' Answer 4: Re Jackson. Answer see #3- Anyone who enters the scene .should be available as a witness. In California, the photographer way ma may not befcalled if he didn't collect any evidence and an investigator testifies the photographs offered accurately represent the scene as it was first found; In this’case however, if Jackson was alone and the scene was unprotected at first and later guarded by a civilian it may be an admissibility issue. Ask Mr. Canlas. guestjgg 5; If Mr. Jackson is:inside the apartment at 2:30 something a.m. taking pictures, then the purses are outside in the custody of this security guy, or not in anyone's custody if the guy left. ` - Should Mr. Jackson have left the purses outside in this person's custody? (This is the same thing 0fficer Dunn did.) *** Answer 5= Re the purses. Answer: Yes: The purses sjould have been photographed in place and the'collected, protected and packaged. Carbon dusting doesn't always work on odd surfaces but procedures for locating fingerprints on almost any type of surface were available in 1986. Superglue Qcyanoacrylate) is a simple procedure available in almost any location (for example, at the local police station or at the scene). Further, most state labs, by 1986, had some type of laser or alternative light sources for locating prints on almost any type of surface; . ~k** Question 6: Srg, Stanley is the one infcharge of the crime scene investigation~ Should Mr. Jackson have been walking around the crime scene alone, taking pictures, during the time Srg. Stanley was not there? *** _ Ragle's Lettg;: Answer 6: Re Jackson being alone. Answer: Stanley or Dunn`should have maintained control of the scene, however, Jackson I assume, is an employee of the PD. If so, I don't see an issue other.than what I have already bisted. *** PURSES : Evans'Letter:_ In Srg. Stanley's Supplementary Investigation Report, (Montgomery County File, page l)r he states: "I picked up the victims(sic) purse and contents from outside the apartment next mo the concrete walkway and put ip backlin the victim's residence." He is talking about only "one" purse. In the Statement of F§cts, Ms. Stryker states that she¢ Ms. Jordan, (who is Ms. Stryker\s friend), and Officer Dunn, returned to the'crime scene, (which is before the above mentioned "2:30 something a.m." in the picture Mr. Jackson took, and before the "3:15 a.m." Srg. Stanley arrived), and they found _5- *both" of her purses outside, (S.F. Voh. LII, page 269, lines 15-16). a The picture (State‘s Exhibit No. 10), of "two purses", _ one blue and one white, as "they" were found outside are discussed by Ms. Stryker again in (S.F. Vol. III, page 310, lines 22-25, through page 311; lines 1-5). lt Ms. Jordan then testified that there was only "one" purse 'found, and she's looking at the same picture, State's Exhibit No. 10, (S.F. Vol. III, page 326, lines 2-11). In officer Dunn's Direct, Mr. Stover, the D.A., refers Officer Dunn to State's Exhibit No. 10, and says "purse or purses", and then "purses", (S.F. Vol. III, Page 344, lines 5-11). ~ And in Srg. Stanley's Direct, by Mr. Stover,_the D.A., the D;A. asked if the picture actually depicts the scene of Ms. Stryker's apartment and her "purse" outside the apartment as Mr. Stanley saw "them" that night, (S.F. Vol. III, page 356, lines 17-21). I can't remember if Srg. Stanley recovered both purses, or if one was missing, or what. I do remember that there was confusion about this, but-not the specifics. lt has also occurred to me that someone has further confused the amount by rewriting some of this trial testimony. (I know for a fact what this happened in other places, unrelated to this.) If I can ever get the'correct, unedited trial testimony when I will be able to add to or take away from this question. . Though edited out of the record for some reason, I do remember that Srg. Stanley stated in the trial that he didn't attempt tp print the purse(s), because they/it was of a type of material that he figured wouldn't hold a print, and though believed to have been handled by the assailant, no field test for trace evidence (such as semen) was conducted. It is my understanding from your book that even under the most ideal conditions, the color and type of materials things 'are made of, as well as what kind of soaps they've been washed with,` can help to hide trace elements and should.not be solely relied upon. N As mentioned above, one was white and one was blue, and made of a type of material.that couldn't be printed. *** guestion : Should Srg. Stanley have taken these purse(s) into »custody so that they could be sent off to the D.P.S. for their professional analysis? *** Ragle's Lettere Answer 7: Re the purses going to D.P;S. for examination. Answer: 'Yes, absolutely. » . _ - _ ¢ di Evans' Letter: Evidence Found In The Apartment: In the previously mentioned Supplementary Investigation Report made by Srg. Noel Stanley, (Montgomery File1 page 1), you will see his list of the items of evidence that he "did" take into custody. They are described as follows: Montgomery File, page 1: Item 1; Knife believed to belong to suspect. Item 2: Eye glasses(sic) believed mo belong to suspect. Item 3: Blue mesh shirt believed to belong to suspect. Item 4: Shirt and panties of victim. Item 5: Blue tooth brush(sic) recovered from master bathroom believed used in assault. Item 6: Bed'lennin(stc) from master bed where assault took place. , ' *-** And then at the bottom of the page he has written the ' following= FOLLOW-UP INV§STIGATION: On 6-17- 86 at 4: 30 pm, I packaged up the following items of evidence anditurned them over to Detective Eva Camp for transportation to DPS lab in Houston. 1. Bed linen from victims(sic) bed `2. Toothbrush As you can see, the knife, eyeglasses, blue mesh shirt, all believed to belong to the assailant; and the shirt (it's also "blue" in the picture) and panties, of the victim but in /contact with the assailant, were not sent off to the D.P.S. for their professional analysis. It is my understanding that the colors and types of materials, as well as detergents, can disguise trace evidence even under the most ideal conditions. *** guestion;§: In all fairness, I am asking this question from a 1986 perspective. Should Srg. Stanley have sent all of the above items to the D. P. S. for their professional analysis? *'k* .Answer 8b Re all of the victim's clothing, etc. Answer: Yes; Although detergents of other brighteners may interfere, biological stains can still be located and perhaps, identified. **'k . Evans' Letter:' Evidence Submitted To The D.P.S.: As mentioned above, at the bottom of this Supplementary Investigation Report¢ made by Srg. Noel Stanley on 6~15-86, he has made a follow-up investigation on "6-17-86", which is quoted here in the following: ~ , -FOLLOW-UP INVESTIGATION: On 6-17-86 at 4:30 pm, I packaged pp the following items -of evidence and tgrned them over to Detective Eva Camp for transportation to DPS lab in Houston. . ` __ '*** b _ Now please refer to the enclosed D.P.S. File, page 2, which is the D.P.S. Physical Evidence Submission Form; dated "6-18-86", that has no signature, but is presumably made by Deteative Eva Camp. This "6-18-86" date shows that evidence being submitted to the D.P.S. a day after Srg. Stanley gave ;her the items. ' ~ ` **_* , The next page, (D.P.S. File, page 3), which is the same' type of form, shows the items of evidence gathered at the hospital in the sexual assault kit being also delivered. There is no date on this form, but if you will please turn to D.P.S. File, page 5, which is the Evidence Record Sheet, (Used for the Chain of Custody?), you will see that these items were "received" by the DlP.S. on "Jan. 18, 1986", and no time:is indicated. This is a day after Det. Camp received the:items from Srg. Stanley, ' ' " *** And again, in D.P.S. File, Page 7, (of a two-page form, 7-8), which is titled FTexas D.P.S. Criminalistics Results", Ms. Sondra Denney, the D.P.S. Chemist, has written a Submission Date of "6-18-86", submitted by“Det. Camp in person; ` 'k** ` ' The items were clearly given to Det° Camp on 6-17-86 at 4:30 p.m., and were not delivered until a day.and night later on "6-18-86". *** guestion s Should Srg. Stanley have allowed these items to '~leave the security of his lab a day and night before they were intended to be delivered to the D.P.S.? -3_ Answer 9: Re Stanley allowing evidence to leave his lab. Answer: Biological and suspected stained evidence should be, at least, f. refrigerated (better frozen) while not being examined. There should be a logtcal reason why it was removed on the 17th and an explanation as to where it was with Camp over night. Evans! Letter:_ ggestion l : Does Det. Camp's place in the'chain of custody matter, especially in light of the fact what she had to put ‘ the items somewhere overnight? *** Answer 10: Refcamp's place in the chain. Answer: Absolutely. for your reason stated and that the-items remained sealed in their packaging. ‘ 'k** anomplete And Contradicting Form§: In the enclosed D.P.S. File, Pages_2,3, &4, which are the D.P.S. Bhysical Evidence Submission Forms, presumably made by Det. Camp, you will find-the following contradictions and omitted informations 2. On page 2, the Submitting Agency No. is "86-14560", and on pages 3 & 4, the Submitting Agency No. is "TX 1700000". 3. They have my age on page 3 as "19", but on page 4 as "20". ' ` _4. Notice that on page 3, which contains the sexual assault kit evidence gathered off the victim, ms. Stryker, at the hospital, has my"name" as the suspect. The evidence was "received" by the D.P.S. on 6-18-86, (see the Evidence Record Sheet on page 5), which is the same day that I presume the other form must have been filled out by Det. Camp. I was , already the suspect at this date, yet the handwritten form made by Det. Camp does not have my name on it as does the one that is typed up, (D.P.S. File, page 2). The way these forms are filled out, they look like they were made by either different people or at different times. One person wouldn't¢ sit down and go through all the troublento make these forms so different, in my eyes. ' 6. Pages 2 & 3 have the Zip Codes in the spaces labeled "Submdtting Agency" and "Send Report To: (Agency%@j as "77301", nw and on page 4 it is 77385?. guestion 11: I tried to obtain the "Backs" of these forms but' 'the General Counsel's Assistant, Pamela Smith, (Austin), would not allow me a copy and refused to assist me without an Order to do so. Thefcopies-they gave me didn't have backs on them, and I wanted to see exactly what the "Detailed Instructions On The Back Of The Sheet", stated, and to see what Det. Camp wrote-under the "Note: A Brief Synopsis Or Offense Report »Attached To This Submission Will Greatly Enhance Our Ability To Assist.You With Your Investigation."»My'curiosity about this last was raised by the note written on the bottom of D. P. S. File,§page 5, "Refrigerated only-6 days She is most interested in hairs", which teels me this was written at least four days after the evidence was submitted by Det. Camp, and that somebody is probably reading this from some other place, not remembering what Det. Camp said; and l was curious because the Chemist, Ms. Denney also testified in my trial that onei of the hairs was short, with a slight curl to it, as if from the arm of a man, yet this is not supported by any of these documents found in the D. P S. Eile. . Now, do you believe that it is a requirement that the D. P. S. Evidence Submission Forms, pages 2, 3, & 4, should be 'completely filled out, with uniform information on them? . **'k guestion l § Should these D.P.S. Evidence Submission.Forms ¢be filled out completely and correctly, in order that the Chain Of Custody will be preserved? ,*** Ragle ' S Letter 2 ~` Answer 12: Re complete forms. Answer: Obviously all forms should be'completed and correct. Some errors or omissions may simply be' due to sloppy work. However, if a person who is known to have examined the evidence, or opened it for any reason, has not noted this fact on the packaging(or evidence tag) or within a proper follow up report, the chain may be broken. Simple blunders (your age, for example) or omissions may be disregarded by some courts. Mr; Canlas (or appropriatefcounsel) will have to establish which of these chain faults prevented you from getting a fair trials From my perspective, there are a lot of major issues that prevented you from getting a fair trial. *** Evans'_Letter:° gartial 0; Whole Prints: In Srg. Stanley's'"Supplementary" Investigation Report, (Montgomery File, page l), you will see that he has written: "l attempted to fingerprint several item(sic) without success." _]_O_ t _ This is not true. In his "primary" 2-page report, that the officials will not let me havefcopys of, and in the portion of his trial testimony that has been’carefully edited & rewritten, .he stated thatja partial and/or a whole print were found on the edge of the glasses and on the knife. ._ ¢ rThe D.A., Mr; Stover, also held up the glasses in court* and said that an.overzealous officer would occasionally pick up an item to_inspect it, meaning officer Dunn, and indicated that this is where the print came from. Mr. Stover just put this in there on his own,_because there was no evidence in the trial to indicate that any of the evidence was!compared to any other person.than me. As he didwthroughout the whole trial, when faced with an obstacle he just made up something and from _ then on it was the`new fact. . ,~ *** The following is all that is left of Srg. Stanley's print testimony: . . ,_ ' S.F. Vol. III, page 357, lines 10-22: Q:[BY D.A., MR. STOVER]Did you have an occasion to try to lift any fingerprints from State‘s Exhibit No. l, the eyeglasses? A: Yes, I attempted them. Q: Were you able to get any readable prints from State's Exhibit No 1? _ _ A: No. Q: Did you attempt to lift any fingerprints from State's Exhibit No..Z, the knife? A: Yes, I did. . Q: Were you able to retrieve any readable prints from State's EXhibit No. 2? ~ A: Yes. F ' - **-* guestion 13=.Should a partial or whole print have been followed up on by the police? ¢` _ ~ ' ». § ' ,*`** Answer 13: Re partial prints. Answer: Yes. Standard operating procedure is to compare every recovered friction ridge information to all parties, suspects, victims, every one who is known to have 'been in the scene_(the friend and the security guy) including all officers, investigators and civilian personnel (Jackson). Any vamount of characteristics (minutia points) on the knife and glasses should have been compared to all of the above, at a _11_ minimum. An unidentified latentfcould indicate another suspect. ,M . ` * * * ' Evans'.Letter: In the following you will see that there was some type of "smears" on the doorknob. I'm not concerned with the fact that the smear was not a readable print, but what of the smear itself? Wouldn’t a smear have to be made by some type of substance? Perhaps semen? *'k’~k S¢F. Vol. III, page 361, lines 18-23: Q:[By Mr; Hall, Lawyer Assisting My Lawyer]What did you find on the doorknob, if anything? `_ ’ , A: Nothing that would indicate somebody might have touched it. lt was just a smear acros§l like it might bewtwo hands slipped or something like that, even if it was a hand. §gtrit wis iu§§_ a Smear. ~ * *-* And again, to the D.N., Mr. Stover: S.F. Volb III, page.363, lines 4-11: ~Q= Sergeant Stanley, you described smears you found on_the doorknob. Did you find smears in the other locations in the house that you attemptednto lift prints from? A: There was an indication that there was some type of touching or could have been fingerprints, but it was nothing that I could distinguish as fingerprints. ' “There is something here that he can actually see, if I am COrreCto - '~ *'k* ` estion 142 Should or could these "smears" have gathered and sent off to the D.P.S. for analysis? If it would have been a smear made by bloody hands it would have been obviously collected. Why not semem? There were two semen stains on the _sheet, so the substance was present. -* '* '* Answer 142 Re smears. Answer: Your point is well taken but in 1986 only a skilled or experienced investigator wopld have the foresight to swab the smear on the door knob. lt should be standard procedure today» * * g Evans' Lettg£: _12l P.P.S. LABORATORY RESULTS: Hair Analysis:¢ »Enclosed with these questions is the previously mentioned packet of D.P.S. related documents I've titled, "D.P.S. File, L2H-54833". lt is 22 pages, including their cover sheet. At my request, this information was sent to me by the General Counsel'stssistant, Ms. Pamela Smith, (Austin), in March This packet/contains. in part, the Hair Results of the comparison tests run against my hairs and those found at the crime scene and found on the victim, Ms. Stryker, in the -sexual assault kit. ` As already mentioned, this Statement of Facts has been greatly edited, and in some places it now shows statements' being made that didn't even occur. ~ ' ' Ms. Stryker stated in my trial that she had been divorced from her husband for nearly two years, and that"she'd not had sex with anyone in two years,"(S.F. Vol. III, page 312 lines 24»25, through page 313, lines 1-8), and that"no person had so much as walked into the bedroom portion of her apartment in those two years, (edited out)." ` I shopid mention at this point that Ms. Stryker stated that her front door was locked when she went to sleep, yet no person with access to a copy of the keys wererconsidered.' Did her ex-husband have a key? The security guy? All of the evidence gathered at the scene was believed by the police to be the link between Ms. Stryker's assailant and the crime. This belief was supported by Ms. Stryker's statement that only the assailant had been in her bedroom:in nearly two years; From a police point of view, this should be the ideal crime scene for linking evidence to an assailant. Only.Ms. Stryker and her assailant had been in the room in two years. Hairs,/fibers, fecal and semen stained sheets, were all sent to the_D.P}S. for analysis, and when none of it was linked to me in any way, the State and its officials changed up their "words" and went around their original belief that it would be a link to the assailant. I was the only suspect- and they made no attempt to follow up on anythingfcontraryu to their belief that I committed this crime. ' As mentioned, the D.P.S. Chemist, Ms. Sondra Denney, did testify in my trial,.but the Hair Specialistl Mr. Randy Snyder, did not. I've also found a case-in the law books where the chemist was allowed to testify for a hair specialist, just like‘ my case, which was reversed because of this, and the guy's name is 'Warren' R. Snyder, (please see Cole v. State, 839 S.W.Zd 798(Tex.Crim.App.1992)). I've considered the possibility that this hearsay testimony given by Ms. Denney was edited because _13- of this case, 'rhé£ someone has tried to hide ;i£. At any rate, I'had a right to have a hair specialist there to testify in my behalf, and because of that, this is probably the single most valuable group of questions I am asking outside of Ms. Denney's perjury. *** ggestion 1 : Based on the enclosed hair results, found in D.P.S._File, pages 17-22, does there appear to be any hairs not similar to the victim's or my own, that should have been followed up on by the police? ' Answer 15: Re hair follow up. Answer; In 1986, until there was another suspect, un-excluded hair had no great value. Today, it is possible to identify one or two forms of DNA in hair. What is important here is that none of the hairs matched you so there were hairs that didn't belong to you or the victim, if I ready your info.correctly. So, someone else, male or female, was in that bed during or before the assault. Today, if there is tissue (skinrcells) on the root, the sex of the donor could be established. **'l" EVanS’?Lett€r! Some of the hairs were Macro compared, but not Micro compared. I'm not sure why; but l presume that they were not Micro compared to mine because they were obviously not similar. l can understand this. But; some of the hairs were also Macro similar to Ms. Stryker's, and not Micro compared. lt seems to me that Macro similar hair should be a reason for Micro comparing; to_make sure. Some of these head hairs are even longer than my known hairs, and shorter than the victim's known hairs, (please see D.P.S. File, page 18, Item 7/J). ' **'k guestion 165 Should any of the hairs that were Macro compared, have also been Micro compared? -- ~*** ` Answer 16: Re Micro exams-of the hairs. Answer: Yes, if they lappear similar to one of the key people. It appears that the hair expert did properly examine all of the hairs and you were ppg a' donor. The DA confused this clear picture with his misstatement of fact in his question to Denney. !n my non-ggalified opinion that alone should have got you a new trial, solely on that ~prosecutorial error. ’ - * *.g d Evans! Letter: _14_ Enclosed with these questions are a condensed version of some of the issues l am raising in a Texas Writ Of Habeas Corpus, (T.C.C.P. article 11.07),_under.my ineffective assistance of appeal counsel issue. They are titled: a. Factually Insufficient Evidence; b. Identity, which is the identity portion of the Factually Insufficient Evidence issuez 'c. Chain Of Custody on the Eyeglasses,(because it further addressees this item of evidence); d. Suggestive Photographic & Physical Identification Procedures, (which shows the steps to my being arrested and identified) These 36 pages have been included to aid you in answering this Question 17. lf my lawyer can get the whole, unedited version of my trial, then I will try to have that forwarded to you because it will be more specific. *** guestion 17: Based upon your professional experience can you please give an opinion of the value of the hair results? In other words, what type of impact would a hair expert defense witness have had on a jury, under these facts of evidence, if one would have testified? Could a'reasonable doubt' have been put in the jury mind about my being the assailant, based upon the hair results? Should these hairs, gathered under the conditions previously detailed, have positively excluded me 4 as the assailant? ' Though edited out of this record, Ms. Denney, the D.P.S. §roins of two people having sex. To my untrained mind, Mr. Snyder, the/D.P.S. Hair Specialist, makes it look as if my hair is unique because of'the looping and triangular segment .¢hat is not found in any of these_other hairs. In your book you state that hairs can occasionally be raised to the level of a print. To my mind, here are all of ~these "prints", believed to be the link to the assailantz (until not linkednto me), and they were¢ignored by the police. They were found either on the head and groin of a person who had not had sex in two years, or in a bed where no person had `been in two years. , _ How strong of an impact should the hair specialist's statement that "No hair(pubic or head) similar to suspect' s hair present.", have made on the jury if spoken by an expert with firsthand knowledge of the reasons for this' onclusion? To me this is like undisputable evidence. If it would have -15- "."U.;':f Chemist, stated that a hair is always going to be pulled from the ;¢;: been hair "similar" to mine, that fact would have been the dominating point made by the Statento justify convicting me. (Please remember that I am asking this from a June-October 1986 perspective.) *'k* Answer 17: Re calling the hair expert. Answer: absolutely, you 'should have been allowed to call Snyder. His factual report was entered into the record by your attorney and Denney said, at _ least twice, you were excluded as being a source of the hairs, but then the DA did another questionable trick. After he got Denney to answer his tricky question re his stating "Evans' hair found at thefcrime scene" he dropped another bomb, asking the question about pulling a hair from you now and then later comparing a known hair (from you). He asked, isn't it true that the most one could say is the hairs could have/come from- him (Evans)? That was true at the time, matching hairs in every possible .test were not an absolute:identification. ls he trying to confuse the jury into pglieving that exclusion is not gp§olute? And then he mentions your blond hair for no apparent reason. This entire line of questioning should have been”challenged. 'k** AND FROM PAGE ONE OF RAGLE'S LETTER: Perhaps the most shocking statement in the transcript is found on your page 387, line 4, where Mr. Stover recalls Denney's testimony i* 45 minutes earlier and concludes, "....hairs submitted to you that were collected at the scene that belonged to Thomas Evans." How did he get away with that? My over-all impression is, you are a victim of, l. Ill prepared investigator's who failed to process the scene properly,_ 2. Serious defects in the manner in which the physical evidence was handled and the results presented in’court, and 3.-A prosecutor who misstated somejcritical issues. *** '-16- EMPLOYMENT Curriculum Vitae 101le L. aARRY) RAGLE FoRENSIc sCIENCE coNsULTANT' EDUCATION ‘ University- of California, Berkeley, Bachelors of Science, 1959 Major-Criminalistics California Peace Othcer's Training Academy, 1957 EMPLOYMENT _ 1990-2006 Center for the Forensic Sciences - Consultant in: Management Facility Design Needs Assessments Case Review Tria] Preparation ' 1976-1989 Orange County Sheriff-Coroner' s Departrnent, California Director of Forensic Sciences Directed the activities of the Crimina]istics Laboratory, Toxicology Laboratory, Coroner's Investigations and Pathology Section, Identification and Scientitic Crime Scene Investigations and the CAL-ID, AFIS/A_LPS- t 1960-1976 Orange County Sheriff-Coroner's Department California Criminalist Responslble for evidence examination in a variety of crimes, crime scene evaluation testimony and interpretation of evidence for the Grand Jury and in Mum`cipa\, Superior and Federa] Courts. 1956-1960 City of Berkeley, California Patrolman/Investigator 1'1 SPECIFIC EXPERIENCE Criminal Investigation Crime Scene Irwestigation Laboratory evidence evaluation Case management Case review _ Day to day laboratory operations Evidence security and control Evidence handling and chain of control (possess_ion) Courtroom testimony Forensic Science training programs Laboratory management Laboratory safety Laboratory Inforniation systems Automated fingerprint systems Laboratory design ' FACILITY FLANNING, NE'EDS ASSESSMENTS AND CONSULT!NG 1977-1985 Orange County Sheriff- Coroner's, California Planning, construction and operation 1985-1989 Orange County Sheriff-Coroner's, Califomia Planning new facility (18.9,00_0. sq,, fi)_ 1989-1990 Hut'ton Development, Santa Ana, California Space Planning 1991-1992 San..Diego` Regional Forensic Laboratory, California Needs Assessment 1991-date Titan Corporation, San Diego, Cah`fornia Development - Laboratory Int`ormation Management System 1992-1992 Contra Costa County Sheiiff-Coronei‘s Deparnnent, California Regional Needs Assessment ,1_9 ' PRGFESSIONAL ORG`ANIZATI()NS California Assoeiation of Criminaiists President 1973 American Academy of Forensic Sciences Fellow Califomia Association of Crime Laboratory Directors Emeritus American S.ociety of Crime Laboratory Directors. APPOINTMENTS 1986-1989 Caiifofnia Crimina}istics- lnstitute Advisory~ Committee California Department of`Justice 1986-1989 CAL-ID RAN- Operational Advisory Committee California Department of Justice 1985-1989 California State`Epidemiology Work Group California Department of Health 1987-1989 Forensic S.cience Op_erations anilPro.gram Committee Federai Burean of Investigation _ 1988-1989 Attorney General's DNA Advisory Board CaliforniaDepartment of lustice LICENSES A'Nn CERTIFICATES State of Caiit`ornia, Commission on Peace OFHcer's~ Standards- and "I'rai`m`ng- Advanced Certificate Stateof Ca}ifornia-, Department- of Healtii Licensed Supervising BIood AIcohol Analyst 1966-1989 State of California~, Department of Edncation Life Time Specia} Designated Teaching Certificate California Association of Criminalists Certiiicate of Professional Competency 1989-1994 TEACH]NG AFFILIATIONS '1 968 to 2006 California State University, Long 'Beac'h, Center for Ciiminal ~Justice. Lecturer - Forensic Sciences , Crime Scene bivestigation._ 1988 to 2002 University of 'Caiifornia, irvine Extension. "Lecturer -- Forensic Science. ' 1970 to 1976 Califomia State University at Long Beach, Assistant Professor, ~Ciiminaiistics ._P-rogram. 1978 to 1984 Westem State Universit_y of Law, Lecturer, Forensic Sciences. 1974 to 1978 State of California, Arson Investiga_tion Training,,Monterey_,__Ca. Ci'ime'Scene Investi_gation. 1964 to 1970 Riverside City College, Lecturer, Criminal lnvestigation, Crime Scene hivestigation TECHNICAL AND MANAGEMENT PUBLICATIONS, PRESENTATIONS -AND ST-UDIES. Ragle, J.L,, Exlraction ofAmphemminef‘om Urine,, California Association of Criminalists, Semi Annual Meeting, 1963. ` Ragle, J.L., Eta], Physical Evidence Manual, F ederal Grant, Sections on Classification Of Evidence, Crime Scene Documentation. 1976. ~ Kenny, .lohn, Editor, E_ta], Principles of Criminal Investigation, Eagan, Min'nesota, West Publications,1979.Ragle,J.L.,C11apter on Forensic Science and Crime ' Scene Investigation Ragle, J.L., The Falsg`fication ovaidence, Fingerprints Don't Lie?, American _Academy of Forensic Sciences, Annual Meeting, 1980. '!{\ Ragle, J.L., Suchey, J. , A Human Jig Saw Puzzle Match, American Acadcmy of Forensic Sciences, Annual Meeting, 1985. Ragle, J.L., The Elusive Elastz°c Crime Laboratory, Presented to the American- Society of Laboratory Directors. FBI Acadeiny, 1989. Ragle, J.L., Togneri, E. N. , Nee¢is' Assessment and . Mcmagement Stuafv, Consolidation of the San Diego Police, Sherg'@"s and Medical Examiner's Laboratories, Ruth and Going, 1992. ' Ragle, J.L., Togneri, E. N., Needs Assessmentfor a Regional Forensic Laboratory, Contra Costa Counly, Calij?)rnia. 1992 , Ragle, J.L., Crime Scenes, The Value of Forensic Science, (tentative title) New York, Morrow / Avon, In publication, to be released October 1995 . ’)1 n I have read pages 1 through 16 prepared by Thomas Evans and have reviewed my original document of 4-7-04` sent to Mr. Evans. Each answer attributed to ine, #l to #17 is taken, word for word, from the document of 4-7-04 that I prepared in response to his questions in an earlier letter. He has accurately positioned each answer, except answer #11 (see below), in relation to a question These questions are in Mr. Evans’ own words and are based on information from assorted documents (reports and transcripts) relating to his arrest and trial 1 have read those documents and believe each question is relevant based on my recollection of the facts, although I cannot attest to the absolute accuracy of Mr. Evans’ narratives between my answer and the next question All of the answers and statements attributed to me are based on my experience as a peace officer and a forensic scientist I have examined similar cases. I have testiiied in California courts hundreds of times on a wide variety of crimes with absolute coanence that the lab results and the testimony given were fair and accurate Answer #l l- Re backs of reports: Answer. Absolutely. If this is a discovery order you should receive every written document that could implicate or exonerate you, both sides of all written notes SUBSCR[BED AND SWORN TO BEFORE NIE on / /3 ] b ` ,2008, to certify which witness my hand and seal of oflice. / \ Notary Public State of California 00%,_,.4-\1 ‘ Cr¢,`¢\i g .22 _ grant N{ cma/§§ nw cAUsE No. 19,180 b APPELLATE NO. OQ-S€-OGZ§CWCR P.D.R. CASE NO¢ 1382-88 PORTION OF STATEMENT OF FACTS VOLUME IIIL PAGES: 365-389 Sondra Denney's Cogpiete Testimonv: `365-373, Direct.Examtnation. 373-386, Cross¥Examinatfon. 387-388, Redirect Examination. 389, Recross~Examination. I do hereby certify that the following 750 pages are true and correct copies of the Index To I`nstruments, Volume One and Two, Opinion "Convi_cted", Opinion "Delivered", Hearing On Motion For Indigency, Transcript of Trial, Brief For Appellant, Brief For The State, Appellant's Motion For Rehearing, Appellant Petition for Discretionary Review and the State's - Response T0 Appellant's Petition For Discretionary Review for Case No. 09-86-00240-CR, in'the Court of Civil Appeals for the Ninth Supreme Judicial District of Texas at Beaum_ont, The State Of Texas vs. Thomas Lee Evans, now on file in the Sam Houstor`i Regional Library .& Research C enter of the Archives & Information Services Division of the Texas State Library & Archives Commission. Witness my hand and Seal of Office at Liberty, Texas on the 8th day of July, 2002. . x,// / '-Z/l.~" obert Schaadt, Directh Sam Houston Regional Library & Research Center .13 15 16_ 17 18 20' 21 22 f 23 ` 124 ~25 §QNDRA DENNEY, a witness, called by the State, having been first duly was examined and testified upon her oath as sworn, followsi DIRECT EXAMINATION BY MR. STOVER: Q. Would you state your name to the ladies and gentlemen of the jury, please? »Sondra Denney. How are you employed, Ms. Denney? I'm employed as a chemist by the Texas Department of Public Safety Laboratory_in Houston. What training or education do you have to qualify you for the position you now hold? I have a Bachelor's of Science Degree in Chemistry, in addition to which I've undergone on-the-job training both at the Houston folice Department Crime Lab and the Texas Department of Public Safety Lab in Austin, in addition to which I've attended school, The Bladter Serology Research Institute in California and FBI Academy in Virginia, How long did you work for the Houston Police lel:r~wiHn"mUum Hl4 16' _21 23 24 Crime Lab? For almost three years. What years were those, do you remember? Let's see, that would be, I believe it was 1981 through 19 -- of 1983. Who was the director of the crime lab when you started work there? Floyd McDonald. And is Floyd McDonald one of the recognized lexperts in the field of chemistry and toxicology 'Inwthé”pUIiCéma§p&?fmé§t…thf§d§H§UfNEH§WE§UHEYY?FMM"WMH To my knowledge, he is. And did Mr. McDonald leave during the period you were there? vYes,_he did. Did Pete Christian then become the director of the lab? Yes. Did you receive on-the-job personal instruction from both of those recognized expert32 Not at that time. Did you later -- or what type of training did you receive while you were working there? of the laboratory. 10 l 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 What type of work did you do there? Serology. _Would you explain to the jury what serology is? Serology_is the analysis of body fluid stains to determine the type of stains, i.e., semen or blood or saliva. In other words, what sort of fluid it contains, and also to determine the/ `origin as being human origina. And, also, to determine genetic markings present in the stain. Would you explain to the jury what you just said, please, so they -- I'm~not real_sure I -understood; so, let's start again. You examine blood stains, serology? I examine all`sort of blood fluid stains. Blood, -- including, blood, saliva, semen or any_ lother body fluids. When you say "blood," do you do-a test to determine the blood type? And when you find seminal stainsy what can you learn from examining a seminal stain? You can determine in some cases ABO blood group, and also determine a couple of other genetic markers, provided that the stain is strong enough. 10 11 12 13 14 115 16 17 18 19 20 21 22 23 24 JUU Do you do the same type of work for the Texas Department of Public Safety? Yes, I do. 'office? _Yes. Did you have an-occasion to examine some evidence submitted by Detective Eva Camp from the Montgomery County Sheriff's Department? Yes, I.did, n v Do you have a case number on that? Do you want her case number or my case number? Both of them. The Montgomery Sheriffls Department number is 86-14560, and my laboratory No. is L2H-54833. ;Do you have a list of the items that were submitted to you for examination? Yes, I do. And what would that list consist of? _The original evidence consisted of a toothbrush, a fiber sample, two hair samples, a fitted bedsheet, a flat bedsheet, a sexual assault evidence kit from the victim, a pair of sweat pants, a sweat shirt and a white paper sheet which was used to collect the victim's clothing 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in. Did you at a later time receive further items of _ evidence from Detective Camp? Yes, I did. And what were these items? The additional evidence submitted included a blood sample, some apparent oral smears, a pubic hair sample, and head hair sample from the suspect, That would have been the suspect, Thomas Evans? What type of analysis were you asked to perform on these items of evidence that were submitted, or what type of test wene`you asked to perform? On the items originally submitted, we were asked v to determine the presence of semen or seminal_ stains, or any type of foreign trace of evidence, Did you have an occasion to perform a test upon the-fitted bedsheet, either 5A or 5B? Yes, I did perform a test on 5A, which was the fitted bedsheetig And would you tell the jury just what that test showed you?_ l v The preliminary test from a couple of stains on the bedsheet indicated the presence of semen, ,) 12- 13 14 15 16 17 18 19 20 21 22 '24 .The stains were collected and l ran what is called the P30 test. P30 is a substance which is found, exclusively found in semen and not in any other substance. It is a test which is specific for semen. And there was P30 present in the two stains on the bedsheet, which would indicate the presence of semen in those stains. And this is seminal fluid that comes from a male? Did you run any further tests or were you asked ito run any further tests? 'Yes, I did¢ I made an attempt to determine the ABO blood group of the semen present. Was there sufficient semen present to make this ( Ttest or to give you a positive or negative~ reading On it? The test was inconclusive. And I also attempted to determine the amount of semen present. From the determination of the amount of semen present, I concluded that there was not enough semen for the test to be conclusive one way or' another. There has to be a certain amount of semen present in order to determine ABO blood group or genetic markers. So, I gather, based on the test that you ran on ft .1’0` 11 12 13 14 15 16 17 the stains on the bedsheet, the only thing that you can conclusively tell this jury is that there was seminal fluid present; is that correct? That's correct. But you could not tell them the blood group of the person that the seminal fluid came from? That is correct- Now, were any tests done by the DPS on any of the hairs that were submitted? _ Yes, there were. And you were submitted known head hairs and known pubic hair samples of the Defendant, Thomas Evans; is thatycorrect? And the tests and comparisons that were made_of' the other hairs, were any hairs found that you could conclusively_say belonged to Thomas Evans? NO.' Were there any tests run to determine whether the hairs belonged to Maury Stryker? No, there were not. So, the tests that were run, the only thing you can conclusively tell this jury is that the hair samples that were submitted that were collected at Maury's_apartment did not belong to this 11_ 12 13 _14 415 16 17 18 19 20 21 22 23 24 J/Z Defendant? That's correct. But you don't know who they belong to? Thatis correct. And there was seminal fluid present on the sheet, but there wasn't enough there to tell you the blood type of the person that ejaculated the semen; is that correct? That is correct. Did you do any other type of tests that I haven't asked you about?7 l did perform tests on the vaginal, anal and oral specimen from the sexual assault kit. Okay. 'Did any of those tests show the presence of'seminal.fluid? 'None of these tests showed the presence of seminal fluid. If the person did not have an ejaculation, though, would that surprise you to be negative? If there was no ejaculation in any of these areas, it would not be surprising. That's all my questions. Thank you very much, Ms. Denney. The Defense, Ifm sure, will have questions for you also. MS. LUEDICKE: Your Honor, may l take BY MS. just a moment to look this over? THE couRT= 4Uh--huh. cRoss-ExAminATrQn LUEDICKE: Ms. Denney, in connection with your analyses of the evidence submitted to you in connection with this case, did you prepare any other reports other than this criminalistic report which was submitted to the Prosecutor here? Do you have some other records with you? Pardon? Do you have other records with you?` vOnly my laboratory notes which are covered in the report. MS. LUEDICKE: May I approach the witness,'Judge? n THE COURT: YeS. (By Ms. Luedickel Ms. Denney, may I see those notes, please? Are these legible? l They're legible. t don't know if you can interpret them. (Handing to Ms. Luedicke.) THE COURT: Do you want to review those? 11' 16 17 18 19 20 21 22 23 24 Q. Would the jury please go back to the jury room. (Jury leaves.) (Jury returns.) MS. LUEDICKE: Your Honor, may I approach the witness? THE coURT: Yes. (By Ms. Luedicke) Ms. Denney7 I'm going to hand you items that have been marked Defense Exhibits No. 3 through 10 for identification, and ask if you can identify them? Yes,'I can. And what are they? Exhibit 3 through 6 are work sheets which we use' in the Serology Department of the laboratory, which I used primarily in this case, which would be serology examination sheets for all the items of evidence, And are those reports written in your handwriting? -'f£i',`; Were they prepared by you in connection with your 13` -16 _21 22 23 24 investigation of this case? .Yes. l Were these prepared by you at the time of your investigation and analyses in this case?_ 'And`the next exhibit2 Exhibits 7 and 0 are my copies of the official report in this case, Was that a report prepared by you in your office in connection with this case? Yes, it was.'~ Was it prepared in connection with your analyses of the chemical work that you did in evidence in this case? 'Yes- And Exhibit 9, is that -- Exhibit 9 is a handwritten copy of the hair result, which would be put into the case report, which were prepared by the hair expert who analyzed the hairs. Was that also prepared in connection with this case? Yes, it was. Was it prepared by you? -It was prepared by Randy Snyder, He's our hair 12y 13 14 15 16 17 18 19 20 21 examinations expert. Has that been in your file since it was prepared? Yes. As part of your case report? And Exhibit No. 10, what is that? These are Randy`Synder's personal notes that he prepared at the time he was performing the hair examinations. And are those notes, have they been in the case file since the time of their preparation?' Yes. l And were they prepared at the time of the .examination and analyses in the case? YeS._ MS. LUEDICKE: Your Honor, we'll offer into evidence Defendant's Exhibit 3 through lO. d MR. STOVER: May we approach then bench, please, Your Honor? THE COURT: YeS. MR. sTovER= Your Honor, the state has no objection to Defendant's Exhibit 3, 4, 5 and 6, and although I think Exhibit No. 7 is -- 7 and 8_are just absolutely ` 14 19 20 21 22 -23 24 rank hearsay, I have no objection to them. But Defendant'S Exhibit 9 and 10, as the witness has testified, are handwritten notes prepared by somebody else, It is hearsay, and I object to that on that' basis. And these are not reports made by her or anyone under her directionr n MSr LbEDICKE; Your Honor, if she's testified as to the hair samples and 'analysis of the hair sample, analysis tests.¥- Your Honor, we have subpoenaed Roy Snyder." THE COURT: Overruled. It will all be admitted§- 1 MR. STOVER: .Thank you, Judge. (Defendant's Exhibit Nos. 3, 4, 5, 6, 7, 8, 9 and lO were admitted into evidence.) Q, (By Ms. Luedicke) Ms. Denney, I'm going to hand you Defense Exhibit 3 and again ask if you would explain for the jury's benefit exactly what that is? _12 ` '15 16 17 18 19 20 21 22 23 5/6 This is a sexual work sheet which we use in our laboratory, And this was the work sheet that I used when I was examining the items of evidence in the victimis sexual assault evidence kit. It is a listing of the items and the corresponding columns from left to right, are numbers of tests that had been initially run on the sexual assault kit items and the results of those tests, if they were proved. And I'd like to ask you now if you would, please, to explain to us the entries on the sheet, the results of the tests that you performed on it,' starting with A. A is a set of vaginal smears which were in the sexual assault kit. And l looked at them under_ the microscope to attempt to see if spermatozoa, which are male reproductive cells, male ejaculate, are in the semen. And the results were that there were no sperm detected on the smears. Continuing on, what was B? B is a set of anal smears, which again I examined microscopically for the presence of spermatozoa. And no spermatozoa were prsent. ai€ is a set of oral smears which was 10 11 '12 13 `14 15 16 17 18 19 20 21 examined for spermatozoa, and no spermatozoa were detected. All right, Ms. Denney. D is vaginal swabs. Would you explain that for the jury? D, the vaginal swabs -# may I just demonstrate this? Please continue reading. And E, anal, and F, for oral_swabs, and all three of these items were tested for the presence of P30, which as I explained earlier; is a component_ of semen which is exclusively found in semen. If l had found this component P30, I Could state that semen was present. ~ All three items tested were negative for the presence of P30, indicating that no seminal fluid was present bn these items. Item No. F, the oral swabs were also tested for amylase, which is a component of saliva, and were found to contain amylase and therefore determined to be conclusive. So, therefore, they were also tested for secretor status. This was to determine the secretor status of the victim and it was to determine the origin nonsecretor, meaning she does not secrete her body fluid in her body fluid ABO blood group. A certain 10 11 12 13 14 15 16 17 18 19 ' 20 21 22 t 213 24 percentage of the population are secretors, meaning you can get ABO.blood group substances from their body fluid other than their blood, In this case this would not be'the case, Item G is a loose evidence collection envelopet And this is usually used.to collect any loose evidence which is found on the body at the time of the doctor's examination. There were four pubic hairs recovered from this envelope. Item H is a pulled pubic hair sample of the victim. ` l 1 d iAnd Item I-is a pulled head hair sample. Item J is a loose head hair sample from the victim, whichl again, is usually selected from the victim's scalp at the time of the examination 'by the doctor. Item K is a nasal sample. Item L is a blood sample from the victim, which l determined to be Type O. n Items M and N are right and left-hand fingernail scrapings which contain soil and no significant trace of evidence. When you say "fingernail scrapings," are thosej` taken from the victim? 10 11 12 13 14 15 For what purpose do you analyze those? _In some cases, and I would say relatively few, you can find important traces of evidence in fingernail scrapings, such as blood or the tissue samples, if she may have scraped the assailant; or sometimes find microscopic_fibers which can be linked back to the assailant. And there was none in this case? -That's correct. Returning to the Item H, pulled pubic hair. Am l 'correct, was that hair that was found at the _scene? No; That would be hair that would be pulled from the victim, From the victim. Would you please read to the jury the description of that hair that you have on your report. This is a microscopic examination for my notes, not by any means a hair comparison. You must -- broken, slightly kinky and curly. Pulled hair, Item I. That is also from the victim? HYes. All right, And would you read the description of~ :; that hair? 16. 17 18 19 20 21 22 23 24 ’25 "- 3 65 dusted roughly and it contains one small red"f“ Brown, dark brown, straight and medium in length. Okay. Item J is loose head hair. Was that also from the victim§. Yes.jfThereiwere°a.fewahairsuthat_were imicroscopically similar to the victim's head hair. And I believe one-that says nasal sample. Would _you explain that?* Yes§ Nasal sample is something that was included originally in this particular rape kitr This is a prepacked rape kit and it has since been dropped from the rape kit. It is not used and not working out the way it is supposed to work. In other words, it has no real value. But these kits are obviously older kits which still had them, and any instructions to take samples; so, the doctor took it. Ms. benney, Defense Exhibit No. 4, would you please read to the jury each of those entries? No, l_ispa light brown toothbrush on handle Omni 2. -Ifm~sorry, O-N-N 2. There was no trace of evidence detected'on this item. . Item No. 2 is an envelope which was lab ¢'1 fiber. 11` 15 16 17 18 19 ._se,24 Item No. 3 is an envelope labeled "pillow sham," which contains one broken curly, possible pubic hair. nn 'Item No. 4 is a Ziplocbag containing a few broken, curly, kinky;¢appatent pubic hairs, Item 5A.is an off-white fitted_bedsheet. And Item.dr'there are two stains on this bedsheet, which I tested for both acid phospatase, which is a preliminary screening test for semen and P30, which is mentioned earlier,7 which was positive{ 'The inhibition test mentioned on here is, again, the determination of secretor status of the stains and the results on this were inconclusive. .There were a few hairs -- l'm sorry, the wrong one. _ 5B is an off-white, flat bedsheet with eyelet trim, and there were a few hairs recovered from this bedsheet, Were any analyses run on the hairs that were recovered from the bedsheet? Yes, they were. That would be in the hair results. Okay. w This is only the preliminary result of the 10 11 -12 13 14 15 16 17 19_ 20 21 22 23 24 serology report and collection of evidence. Okay.v Defense Exhibit No. 5? Item No. 6A is a blood sample from the suspect, Thomas Lee Evansr;:It was found to be blood Group A.H l"at-And.I'temlNc`:)-i"§.*dB»-:":~-:?-ar-e some smears which are labeled "oral:"‘ Thé§e WaS no P30 Present.. I ran this test primarily because the submission test semen.sample was present, and I could not find a semen sample. And assuming this might be a semen sample in that case inhibition test, again, a test to ABO blood group of detected and against A` `and H. Type A secreted, which told me that the suspect is a Type A secretor. Again, on this I ran the amylase test, _This is to determine the component of saliva. ,And I found a large amount of amylase was present, indicating a fairly strong dilution of saliva. . l also microscopically observed smears '.again¢ just to determine that they were indeed lnot seminal stains, and determined no sperm where 'presentY 6¢ is a pulled pubic -- pulled pubic hair sample from the suspect, Thomas Lee Evans,y'¢1.§ji£i¥ 16 .17 microscopically observed, blond and curly, 6D is a-pulled head hair of the suspect, Thomas Lee Evans; which is microscopically determined to be blends very fine, and some slightly-wavy; 'Defense Exhibit 9, case report handwritten on, was that the hair.analysis?' Yes.V Would you please_read the contents of that to the jury? 'No hair present in Items 3, 4, 5A, 5B or 8 that was similar to the suspectis pubic or head hair. Ms. Denneyi befense Exhibit No. 10 are handwritten notes regarding hair analysis done in this case; is that correct? Yes.e n n / From those notes, can you determine whether or . not an analysis was run on the hairs that were found at the scene.of the offense and hairs taken from the accused, Thomas Evans? Yes. ' / 'And»what_were the results of those tests? 'Excuse me.`.As l said, the notes are just his 'notes. And they do not contain a conclusion that 12` 13 114 15 '16 717 18 '20 21 22 H‘»23 124 hairs were indeedtcompared, but an analyst's notes are generally readable to one analyst, if you understand w_l t I' m saying. In other words, ms lf for this case. suspect' s hair present, but that' s the only conclusion there 1s., No analysis of his notes.' But it does say there is no hair of the -- of Mr. Evans similar to that found, either pubic or head hairr as to that which was found at the scene of I'wouldi;ssume:soi' I'm sorryf I Can't jj I didn't hear what you said. l would assume sor% I can't interpret his notes for you, I'm sorry.; v =MS; LUEDICKE: Pass the witness, -}dJudge, '13 _18 19 20 21 22 23 24 BY MR. Q§ REDLREQT EXAMINATION sTovnRz Ms. 0 enney, jus isc there won't be any question.' about 45 minutes ago that the analysis that was run there was done of the hairs submitted to you that were collected at the scene that belonged to Thomas Bvans; is that correct? 'Now, just for curiosity's sake, let's assume that l went over and pulled a head hair from Thomas Evans and stuck it in an envelope and didn't tell you who that head hair belonged to, and then you went over a week or a month later and pulled a head hair from Thomas Evans; so, you had a hair in your hand that you knew came from his head. And when you made that comparison, what could you actually tell the jury? In a hair comparison case, it's generally a "matter of excluding someone from having contributed the hair. _The strongest statement `which can be made in a hair comparison case, something to the effect if the hairs match my copy, that they could have come from a common ll._ 15 16 17 18 19 20 21 322 23 24 origin. Could have? -Could'have. So; even under the conditions that I named where 7I took the other hair from him and you later compared them, the strongest statement you'd be able to make scientifically is that they both could have come from_him? That's correct.- l Okay. -And I believe you said that the known head hair that was taken from Thomas Evans was described in-the notes as blond and slightly wavy; is that correct? Yes. Thank you very much, That's all my questions. Ms. Denney, I appreciate you coming down. .~~»`~ »-»--~ r\l-»\r\ 10 11 12 13 14 15 16 17 18 19 ' ~ f-"i-,j:zz »f34 REgRQs§-EXAMLNAILQN BY MS.~LUEDICKSE Ms. Denney, I believe when Mr. Stover asked you _about comparing hair samples from the same person; the best you will be able to trace is perhaps similar origin? That*s correct." However, I also understood you to say if they did not come from the same origin, you could positively exclude one_from the other; is that correct? That's correct; if the microscopic characteristics were obviously dissimilar. And_is it your conclusion from the notes that you have available to you that Mr. Evans*.hair is excluded from possibly being that -that was found at the scene of the offense? Thath correct. MS. LUEDICKE: Pass the witness. v 'MR. STOVER: I have no further questions. Thank you for coming down, Ms. Denney. . j-) ' -. Eiuts ' A'rroRNEYs& CouNsELc°)RsAT LAW Mr. Thomas Lee Evans TDCJ #435211 Beaumont, TX 77705-7635 Attention: Thomas Lee Evans Attornev-Client Correspondence January 2, 2004 Re: Writ for DNA Testinq. Update Progress on your f le 1s slow l have read through the entire clerk’s f le There appears to oe a lot 1 of documents which are missing or never1 f led _ `l have also spoken to some of the attorneys involved in the'case. Rick Stover the prosecutor, had a very good memory cf your case, He voiced his opinions. However, he just passed away recently. Jimmy Price your appellate lawyer has no recollection of your case. He is not cooperative at this time. lt appears you may have a ineffective assistance of counsel claim against Jimm Apparently, your app e lawyer wrote the brief for your appeal with only a partial statement o ’ facts from the c reporter His only point of error was the parol instruction l don't know the reasons, bu question how a lawyer can write an appeal with all valid claims with only the statement f facts from the punishment stage. lf you had any valid errors during the guilt innocens stage then he would never know , v l still need mo o locate evidence and org 4 a valid argument to the Court for retesting`. Today l was submitted the court reporter's record. ' ‘A‘s" for your'vvrit; do h‘o'r do anything on that issue attl'-i'rs time Fow?ard altinforma‘t'ron to my office.'"" " " … l will inquire from the Court if l am to assist you in that matter too. . _ urther questions please send mea letter or have someone call my omce for you, f -'-' ' - - ' ' ' Richard Nlartin P Canlas` Esq. Texas Lomslan'a menard Mamn P. cams ` ' ' . . . voir 281.444.7530 me w 504.525.4361 :::go‘:'m ’7*§';"::"*" D"'° ’ S“‘“’ 264 voice 935.1311§999 Mprgiom 504.669.1911 mm 1 Fm‘mu¢». 936.71;35999 Fmimn¢; soa.szs.ssso Richard_Canlas@CanlasEllis.oom/.}/l€ cage kw .,¢» 155 .,,7@9¢; §w{s£/c¢{co(/J/ Md/ ,¢¢5 /h¢/w{¢w/-/J »,Q gaf/cri
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wv'€) ::>< ,g/:;: rcw/e&.l-faa /du/'.../; ,;Zz£{,j{ ldc/dui ¢o¢/.iv-»'?>~K<3. Envelopes containing hairs from victims(sic) bed ***
1. On pages 2 & 3, there is no signature.a
5. Page 3 has no Submission Date.
I received instruction from the head serologist
I believe you said you worked in the Houston
I can see, that I do see some evidence that the_
I think that you testified on direct examination
I know that I took one hair from him and you know'
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Cite This Page — Counsel Stack
Evans, Thomas Lee, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-thomas-lee-texapp-2015.