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RECEIVED IN H ^ n J O , ,!( -CQURX4)E-CBIMINAUAR&EALS \^C^Jc£±kiJtlL(J) -JAN-09-2015- f^OEAT PncicKeH (TQ£q Abel Acosta, Clerk NO. 2014-CR-2945
THE STATE OF TEXAS § IN THE DISTRICT COURT OF § vs. § BEXAR COUNTY, TEXAS § STEVEN MITCHELL GARY § 175TH JUDICIAL DISTRICT
DEFENDANT'S MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES STEVEN MITCHELL GARY, the Defendant in the above cause, under the authority of
U.S. Const. Amend. XTV, Tex. Const. Art. I, Sec. 19, and Tex. Code Crim. Pro. Ann. Art. 39.14, and makes his
Motion for Discovery and Inspection of Evidence, and in support thereof would show the Court as follows:
I.
The Defendant moves the Court to order the District Attorney to produce and permit the inspection of and
the copying and/or photographing of, by or on behalf of the Defendant, the following designated items:
STATEMENTS BY DEFENDANT
1. All confessions, admissions and statements, in writing, signed by the Defendant, in connection with the offense with which the Defendant is herein indicted.
GRANTED: DENIED: .
2. All confessions, admissions and statements, oral in nature and set down and preserved under Article 38.22 of the Texas Code of Criminal Procedure, made by the Defendant in connection with the offense with which the Defendant is herein indicted.
GRANTED: . DENIED:
3. All oral, written and recorded statements or memoranda of same made by the Defendant to any investigating officer or to any member of any law enforcement agency or to any third party and in the possession of or within the knowledge of the District Attorney's Office or any agent thereof, including any law enforcement agency, including those portions of any reports (including police offense reports) memoranda, notes, other writings, or records, which contain either a verbatim account' or a summary of the substance of said statements.
GRANTED: DENIED:
4. The written waiver alleged by the State to have been signed by the Defendant concerning the Defendant's right to counsel prior to the making of any written and/or oral statement while the Defendant was under arrest.
GRANTED:_i DENIED:
SCIENTIFIC EVIDENCE
RECEIVED IN COURT OF CRIMINAL APPEALS.
JAN 09 2015
Abel Acosta, Clerk 5. All fingerprints, palm prints, and foot prints and reports of same, alleged by the State to have been made by the Defendant, his co-defendants and co-conspirators in the commission of the offense with which Defendant is herein indicted.
GRANTED: DENIED: „
6. Name, address and telephone number of all expert witnesses the state intends tp call as witnesses.
7. Name, address and telephone number of all expert witnesses who consulted with experts the state intends to call as witnesses.
GRANTED: DENIED: _
8. All reports of scientific tests, experiments and comparisons, and all other reports of experts and the name and address of each such person who made such report or performed such test, experiment or comparison, including but not limited to reports pertaining to anykind of weapons, controlled substances, andthe like.
AGREEMENTS
The existence, substance, and manner of execution or fulfillment, of any promises, agreements, understandings and arrangements, whether verbal or written, whether completed or not, between the State, its agents or attorneys, and any witness, or the witness' agents or attorneys or representatives, wherein the State has agreed, or purported to agree, either expressly or impliedly, as follows (Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 [1972]):
a. Not to prosecute or to assist in the avoidance of prosecution of the witness for a crime or crimes;
b. Not to prosecute or to assist in the avoidance of prosecution of a third party for a crime or crimes;
c. To provide a formal grant of statutory immunity, or to provide an informal assurance that the witness will not be prosecuted in connection with any testimony given by him;
d. To recommend leniency in sentencing for any crime or crimes for which the witness is convicted;
e. To recommend a particular sentence for any crime or crimes for which the witness is convicted;
f. To provide to the witness or any third person money, any other valuable consideration, or any forgiveness of debt or liability;
g. To provide favorable treatment injail or prison to the witness;
h. To agree to bear witness or testify for the witness at any judicial proceeding, parolehearing, or clemency proceeding; i. To agree to petition for executive clemency onbehalf of the witness or any third person;
j. To make any other recommendation of any benefit however slight, or to give any other consideration to the witness or to anythirdperson.
TANGIBLE EVIDENCE
10. Any and all evidence in any way relevant to this cause obtained byany law enforcement agency bythe use of electronic surveillance or wire tapping.
11. Any criminal instruments allegedly possessed or used byDefendant. GRANTED: DENIED:
12. Copies of any writings made by Defendant and not otherwise namedherein.
GRANTED: DENIED:^
13. All photographs or films of the scene of the alleged crime and the scene of the Defendant's arrest.
14. Copies of allphotos used inany photo spread or "mug book" used in connection with this case.
15. Complete records of any line-up conducted in connection with this case.
16. Any controlled substances, drug paraphernalia oritems adapted orused for the purpose of drug paraphernalia allegedly possessedby Defendant.
17. All articles of clothing, including shoes and rags allegedly belonging to the Defendant. GRANTED: DENIED:
18. All weapons alleged by the State to have been used by the Defendant, his co-defendants and his co-conspirators in the commission of the offense with which the Defendant is herein indicted.
19. All diagrams, charts, maps, plans, films, photographs, graphic representations, models, visual aids, books, recordings, or other suchtangible items or materials or demonstrative evidence, which may be introduced at trial. GRANTED: DENIED:.
GRAND JURY
20. A list of names, addresses and telephone numbers of witnesses who appeared before the Grand Jury, or whose Affidavits or statements were presented for consideration by the Grand Jury which returned the indictment in this case.
GRANTED:___ DENIED:= =
21. A copy of the Grand Jury Minutes and Testimony in connection with the indictment of the Defendant in the cause. If the same has not been transcribed, Defendant specifically requests the Court to order the transcription of the same. Said testimony may be used by the defense to impeach a States' witness, to discover prior inconsistentstatements, to test the credibility of States' witnesses or to test the recollection of the States' witnesses; thus a particularizedneed for same can been shown.
22. Any evidence that a member of the Grand Jury which returned the indictment in the above cause contained a member who was disqualified from serving on the Grand Jury because of a conviction or indictment.
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.-ilusjdM> ..1>^a.S 7&ZQ 1
.Rp:. Rpjqcj6&4 Pqr. Dmx^&ci
i2i££i_Oc^ aCA.
C^N/dgJP W^ QaJkita oC Ik*,
•?^r . IQ onvd Tgy\ CocV, o-C CR\r>^Ka\ • P^o- •CAMfsi.'Cx^ 5Q, IM , fog mo \Ua.V X Ko^cJ^
M W^ hay C-O.O- o-P Tp*r^ hp- n: ^:
RECEIVED IN H ^ n J O , ,!( -CQURX4)E-CBIMINAUAR&EALS \^C^Jc£±kiJtlL(J) -JAN-09-2015- f^OEAT PncicKeH (TQ£q Abel Acosta, Clerk NO. 2014-CR-2945
THE STATE OF TEXAS § IN THE DISTRICT COURT OF § vs. § BEXAR COUNTY, TEXAS § STEVEN MITCHELL GARY § 175TH JUDICIAL DISTRICT
DEFENDANT'S MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES STEVEN MITCHELL GARY, the Defendant in the above cause, under the authority of
U.S. Const. Amend. XTV, Tex. Const. Art. I, Sec. 19, and Tex. Code Crim. Pro. Ann. Art. 39.14, and makes his
Motion for Discovery and Inspection of Evidence, and in support thereof would show the Court as follows:
I.
The Defendant moves the Court to order the District Attorney to produce and permit the inspection of and
the copying and/or photographing of, by or on behalf of the Defendant, the following designated items:
STATEMENTS BY DEFENDANT
1. All confessions, admissions and statements, in writing, signed by the Defendant, in connection with the offense with which the Defendant is herein indicted.
GRANTED: DENIED: .
2. All confessions, admissions and statements, oral in nature and set down and preserved under Article 38.22 of the Texas Code of Criminal Procedure, made by the Defendant in connection with the offense with which the Defendant is herein indicted.
GRANTED: . DENIED:
3. All oral, written and recorded statements or memoranda of same made by the Defendant to any investigating officer or to any member of any law enforcement agency or to any third party and in the possession of or within the knowledge of the District Attorney's Office or any agent thereof, including any law enforcement agency, including those portions of any reports (including police offense reports) memoranda, notes, other writings, or records, which contain either a verbatim account' or a summary of the substance of said statements.
GRANTED: DENIED:
4. The written waiver alleged by the State to have been signed by the Defendant concerning the Defendant's right to counsel prior to the making of any written and/or oral statement while the Defendant was under arrest.
GRANTED:_i DENIED:
SCIENTIFIC EVIDENCE
RECEIVED IN COURT OF CRIMINAL APPEALS.
JAN 09 2015
Abel Acosta, Clerk 5. All fingerprints, palm prints, and foot prints and reports of same, alleged by the State to have been made by the Defendant, his co-defendants and co-conspirators in the commission of the offense with which Defendant is herein indicted.
GRANTED: DENIED: „
6. Name, address and telephone number of all expert witnesses the state intends tp call as witnesses.
7. Name, address and telephone number of all expert witnesses who consulted with experts the state intends to call as witnesses.
GRANTED: DENIED: _
8. All reports of scientific tests, experiments and comparisons, and all other reports of experts and the name and address of each such person who made such report or performed such test, experiment or comparison, including but not limited to reports pertaining to anykind of weapons, controlled substances, andthe like.
AGREEMENTS
The existence, substance, and manner of execution or fulfillment, of any promises, agreements, understandings and arrangements, whether verbal or written, whether completed or not, between the State, its agents or attorneys, and any witness, or the witness' agents or attorneys or representatives, wherein the State has agreed, or purported to agree, either expressly or impliedly, as follows (Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 [1972]):
a. Not to prosecute or to assist in the avoidance of prosecution of the witness for a crime or crimes;
b. Not to prosecute or to assist in the avoidance of prosecution of a third party for a crime or crimes;
c. To provide a formal grant of statutory immunity, or to provide an informal assurance that the witness will not be prosecuted in connection with any testimony given by him;
d. To recommend leniency in sentencing for any crime or crimes for which the witness is convicted;
e. To recommend a particular sentence for any crime or crimes for which the witness is convicted;
f. To provide to the witness or any third person money, any other valuable consideration, or any forgiveness of debt or liability;
g. To provide favorable treatment injail or prison to the witness;
h. To agree to bear witness or testify for the witness at any judicial proceeding, parolehearing, or clemency proceeding; i. To agree to petition for executive clemency onbehalf of the witness or any third person;
j. To make any other recommendation of any benefit however slight, or to give any other consideration to the witness or to anythirdperson.
TANGIBLE EVIDENCE
10. Any and all evidence in any way relevant to this cause obtained byany law enforcement agency bythe use of electronic surveillance or wire tapping.
11. Any criminal instruments allegedly possessed or used byDefendant. GRANTED: DENIED:
12. Copies of any writings made by Defendant and not otherwise namedherein.
GRANTED: DENIED:^
13. All photographs or films of the scene of the alleged crime and the scene of the Defendant's arrest.
14. Copies of allphotos used inany photo spread or "mug book" used in connection with this case.
15. Complete records of any line-up conducted in connection with this case.
16. Any controlled substances, drug paraphernalia oritems adapted orused for the purpose of drug paraphernalia allegedly possessedby Defendant.
17. All articles of clothing, including shoes and rags allegedly belonging to the Defendant. GRANTED: DENIED:
18. All weapons alleged by the State to have been used by the Defendant, his co-defendants and his co-conspirators in the commission of the offense with which the Defendant is herein indicted.
19. All diagrams, charts, maps, plans, films, photographs, graphic representations, models, visual aids, books, recordings, or other suchtangible items or materials or demonstrative evidence, which may be introduced at trial. GRANTED: DENIED:.
GRAND JURY
20. A list of names, addresses and telephone numbers of witnesses who appeared before the Grand Jury, or whose Affidavits or statements were presented for consideration by the Grand Jury which returned the indictment in this case.
GRANTED:___ DENIED:= =
21. A copy of the Grand Jury Minutes and Testimony in connection with the indictment of the Defendant in the cause. If the same has not been transcribed, Defendant specifically requests the Court to order the transcription of the same. Said testimony may be used by the defense to impeach a States' witness, to discover prior inconsistentstatements, to test the credibility of States' witnesses or to test the recollection of the States' witnesses; thus a particularizedneed for same can been shown.
22. Any evidence that a member of the Grand Jury which returned the indictment in the above cause contained a member who was disqualified from serving on the Grand Jury because of a conviction or indictment. Defendant specifically requests that the Court orderthe State's attorney to run the names of the saidgrand jurors on computer data bases such as TCIC, NCIC and JIMS and inform the Defendant in the event such grand juror was convicted or under indictment at the time of the Grand Jury's consideration of this cause.
GRANTED: DENIED: ,
IMPEACHMENT EVIDENCE
23. The prior criminal record of all persons whom the District Attorney intends to call as witnesses during the trial of the cause against the Defendant, including all arrests and convictions, juvenile or adult.
24. A description of all pending criminal cases or internal disciplinary actions arising from this cause against any police officer who is called to testify by the State, and who participated in the investigation of the crime alleged or the apprehension or arrest of Defendant.
25. Anyevidence that a witness for the State has committed perjury, or has previously made any statement or givenany testimony, whether under oathor not, whichconflicts with or contradicts the testimony given by such witness during the trial of this cause.
SEARCHES AND SEIZURES
26. A copy of any warrant issued in this case and all supporting affidavits, returns, or other documents. GRANTED: DENIED:.
27. List of all items seized pursuant to any search conducted.
28. Copy of any consent to search executed by Defendant or any other person having custody or control over Defendant's property or premises.
29. Names of all arresting officers, and officers conducting searches that resulted in the recovery of evidence or property. \ GRANTED: DENIED:
CO-DEFENDANTS, CO-CONSPIRATORS. OR CO-ARRESTEES
30. Name, address, and criminal record of all persons arrested along with Defendant.
31. All information concerning any and all co- defendants or co-conspirators, whether so indicted or not, including but not limited to their criminal records, psychiatric records, extraneous offenses, pending criminal cases, past acts of untruthfulness, and all oral or written statements of such persons.
32. The existence and content of all statements made to law enforcement officials or other agents of the State by all co- defendants or co-conspirators, whether so indicted or not, and whether oral or written, in order that Defendant may exercise his Sixth Amendment rights under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).
MISCELLANEOUS
33. The prior criminal record of the Defendant, including all arrests and convictions, juvenile or adult.
34. A description of any and all extraneous offenses, if any, allegedly committed by Defendant, whether he is presently charged with same or not, which may be or may become relevant to any issue in this case. In the event that said extraneous offenses exist, Defendant hereby moves the Court to order production of all items listed herein in this Motion for Discovery with respect to each and every such extraneous offense.
35. Any evidence relating to the sanity or competency of Defendant, or that indicates that Defendant suffered from any mental disease or mental defect. GRANTED: DENIED:
36. Medical records of Complainant.
GRANTED: DENIED:, = II. In support of this Motion, the Defendant wouldshow the Court as follows:
1. The items requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, the police or the prosecuting attorney's office, see Ex Parte Adams, 768 S.W.2d 281, (Tex. Crim. App. 1989), and the Defendant has no other means of ascertaining the disclosure requested.
2. The items requested are not privileged. 3. The items and information are material to this cause and the issues of guiltor innocence and punishment to be determined in this cause.
4. The Defendant cannot safely go to trial without such discovery and inspection, nor can the Defendant adequately prepare the defense to the charges against him.
5. That absent such discovery the Defendant's rights under Tex. Code Crim. Pro. Ann. art. 39.14, Article I, ' 10, of the Constitution of the State of Texas, and the Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States of America will be violated, to his irreparable injury and thus deprive the Defendant of a fair trial herein.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this Honorable
Court will grant this Motion for Discovery in all things, or in the alternative, that this Court will
set this matter down for a hearing prior to trial, on the merits and that at such hearing this Motion
will be in all things granted. Respectfully submitted, Gerald C. Moton 11765 West Avenue, PMB 248 San Antonio, TX 78216 Tel: (210)410-8153 Fax: (210) 568-4389 TXBN 14596350
By: : Gerald C. Moton State Bar No. 14596350 ATTORNEY FOR Defendant NO. 2014-CR-2945 THE STATE OF TEXAS vs. § IN THE DISTRICT COURT OF § § BEXAR COUNTY, TEXAS STEVEN MITCHELL GARY § § 175TH JUDICIAL DISTRICT
Upon the foregoing Defendant's Motion for Discoverv.nw • that fcl/. that such Motion be, and hereby is GRANTED ae ♦ * • ^ dmSpeCtl°n ofEvidence, it is hereby "KUH.RED ORDERED y is, GRANTED as to those items so marked on the face of «w a, ♦• np\Trcr> ^ i ace 0l: sa'd Motion and DENIED as to those items so marked.
SIGNED this .day of_ 2m
JUDGE PRESIDING