Clerk of the court1
Greetings, I am incloseing a breif in support of objections and rebuttal of the courts fact finding that was clearily erronous in its decision it
rendered only weeks ago, Would you please file it with the court where fla honorable judges can
see whats reaily going on in this case, I want to thank you in advance,
BENNIE GUY . Ol 86 2511 3060 fm 3514, Beaumont/ TX 77705 Sept-22/2015
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RECEIVED iN
QQMTOFCRMINA'LAPPEALS SEP 25 2015
AbelACOSYa,Cférk
WR-BO l 317~03 TRIAL COUIU' WRIT I\D . 23-613-B-H-2
INTHETEXASCOURTOFCRIMINALAPPEALS OF AUSI'INTEXAS
BENNIE DAVID GUY PETITI(I‘IER VS STATE OF TEXAS RFSP(NDANT
BREIF IN SUPPORT OF OBJECI‘IONS AND REBU'.['I'AL OF THE CX)URTS FACI‘ FINDING THAT WAS CLEARLY ERR(I]EOUS
BB\]NII§ GUY TDCJ NOl 0186251]_ 3060 fm 3514, Beaumont/ TX 77705
BMW-:~ j;@
STATETIENT OF THE CASE
Guy filed a writ of habeas ll-O7 in the trial court with evidence that exonorated Guy of the charge but, the state is beating around the bush and changeing the dates of the crime and Guys where abouts on the night of the 'crime. , Guy was 500 miles away renting a motel in Heath Arkansas and was being investigated by the st, francis county police and they have docmentation in the courts of arkansas that place Guy 500 miles away and theres a notorized affidavit in this Breif of a nother man admitting to the crime. and the state is misleading the courts to beleave the date was 7/1/95 insted of 6/30/95 as stated by the victim when she came to the sherriffs dept and reported it on 7/1/95 she said it happened last night on a friday night 06/30/95 see exhibit No l. its thee report from the victim and the investigator.
Guy ask this honorable court to look at the evidence of his innocence and send the case back for trial or set guy free its so prayed.
SEE EXHIBIT No, 7, its law enforcement officers affidavit from 1996-5 of Guys where abouts. This court Guy prays over turn the conviction on this innocent man and
sat him free.
EXHIBIT LIST WRIT NUMBER TR,CT/NO 23-613-B-H~2
WR-80,317-O3 pagesv»,
INVESTIGATORS REPORT ...................... . .............. . ........ ...
Gregg County ct docket sheet ............. ...... ............. ... ..... .. n MOTION FOR APPOINTMENT OF INVESTIGATOR .....................¢....; .....
BILLY STEWARTS NOTORIZED AFFIDAVIT ............... .. ................. ..
TEXAS DNA TEST ........., ................... . ......... ..........,....;.
DNA RE TEST DENIAL WHERE THE STATE THROWEN AWAY GUYS EVIDENCE .........
STATE OF ARKANSAS LAW ENFORCEMENT RECORDS AND NOTORIZED AFFIDAVIT
OF GUYS WHERE ABOUTS ON JUNE 30, 1995 .......... . .............. _ .......
(N)
wreso,ai?i~;mz TRIAL COURT WRIT NO. 23-613-B-H-2
' IN THE TExAs couRT oF cRIMINAL APPEALS_ AUSTIN TEXAS’
BENNIE DAVID GUY . c . PETITIONER
vs sTATE oF TEXAS ` ' REsPoNDANT
MOTION FOR OBJECTIONS AND REBUTTAL OF-THE COURTS FACT FINDING THAT WAS CLEARLY ERRONEOUS
To THE HoNoRABLE JUpGEs oF=sAID oouRT: THE PETITIONER oR APPLICANT oBJEcTs '10 THE couRTs FINDING oF FAcrs IN THE sAiD wRIT oF HABEAS coRPUs FILED 0N SEPT-B-zol$ for the following reasons;
'1. H`ISTORY oF THE cAsE The applicant, BENNIE GUY Plead guilty to a coerced plea in July of 1996 to the felony offence of sexural assault/criminal episode, and pursant to the coersed plea was sentenced to 40 years in the Texas Dept of Crim justice and confined as offender 01862511, at the stiles unit of the TDCJ, Housed at 1 3060 fm 3514, Beaumont, Texas , 77705.
On July 23, 1996 five days after the coersed plea Guy was rushed out the state of Texas to the Arkansas dept of Corrections and was housed there until June l3, 2013 when the state of Texas extradited Guy to the TDCJ.
Scence that date there has become evidence of Guys innocence and Guy has filed it in the court and the court refuses to hear it all on the pretence that Guy pled guilty to the crime, even to know Guy pled to it it was against his will and he was threatened in to the plea. Scence Guy has become able
to do his own legal papers in to the court Guy has not stopped digging up
material that shows Guys innocence. Now the lower district court has made plain error in the case before it and Guy ask this honorable court to look at the evidence in the petition.
On July the firt, 1995 at 11:40 am The Investigator mr Shelton was at his office in Longview Texas Gregg County, he had got a call from some one there at the Sherrifs dept saying some one was there to talk to him of a sexural assault . A 20 year old female came to his office and said-
[ PAGE 2 of the Gregg co Sheriffs dept supplemental report] paragraph 3
R/O Was advised by the victim that on friday night,O6/30/95 shéiibeen raped by white male see page 1-12] here 'the alledged victim clearly states on 6/30/1995 is the date ofthe offence,not as the state said in its fact finding of July l,95.(see exhibit l,) INVESTIGATORS REPORT. PG 1-2.
On 5-23~1996 Guy was extradited from Arkansas to Gregg county to stand trial. Guy was given a public defender named Terry Jackson to repersent him on 5-30-1996 said attorney filed motion with the court to be removed because
Guy would'nt pled guilty and mr Jackson did nothing, not even the basic such as fileing motion for discovery, {SEE EXHIBIT §Z; it will be court document]
Mr Jackson filed in the court 3 days prior to the coerces plea a motion for the court to hire an investigator, he said he'd done no investigation but 3 days later he pled Guy to 40 years in prison. Z§
The 6 th Constitutional right to effective counsel. STRICKLAND V WASHING% TONz466/u,s,668,80,L,Ed,2d,674,lO4S/ct,2052,(1984) p2060 [the court of appeals] agreed that the 6 th amendment imposes on counsel a duty to investigate/ because reasonable effective assistance must be based on professional decisons and informed legal choices can only be made after investigation of options.
Here mr Jackson did no investigations he did not even the minium of the basic of trial, he never even filed motion for discovery to see what the state had to tri Guy on, [SEE MOTION TO COURT EOR APPOINTMENT OF INVESTIGA TOR # DAYS BEEOR TRIAL, SEE EXHIBIT §§ THE MOTION. If mr Jackson would of investigated he would of found out the Guys cousin committed the crime and not Guy .-[.sEE EXHIBIT ‘f, oF BILLY sTE.wARTs Nol'oRIZED AFFIDAVIT DATED MAY 2013 and signed by him.
THE STATE HAS DES'I‘ROYED GUYS WHOLE CASE 'I'O KEEP THE RECORD SILENT AND THIS HAS PREJUDICED GUY TO WHERE HE CAN NOT APPEAL HIS CASE AND THERES NO RECORD BUT THE COURTS CONTINUE TO DISMISS EVERY MOTION OR PE'I'ITION IN THE COURT FILED
BY GUY.
A- There was DNA In this case, In 1995 Texas crime lab completed a DNA Test on the items sent to it, SEE DNA TEST AS EXHIBIT # §§ and the courts threw away Guys evidence in the case. [SEE EXHIBITS OF COURT CLERKS AND
JUDGES DENIAL AS EXHIBIT §§ § . Sr_.¢,` CM"(', I:"‘§"\ B- _The court has threw awy Guys court records, see exhibit it is the findings of facts by the court and the judge says, [THE REPORTERS REooRD oF THIS 1996 PROCEEDINGS cANNor BE LocATED ] S¢<, f¢<’.>r-X .Q.o ¢`#(4‘3-'70 ¢9£ .\»\,. CJ¢ f¢>po,»§¢/ v-»‘#
In this instant petition Guy filed a notorized affidavit from law enforce ement officals and the State of Arkansas prosecutors office and courts of St / Francis county Arkansas documents pretaining to Guys where abouts, These motel recordsvaxused in a criminal trial and sworn to as true see the affidavit of the law enforcement Captian. The motel records place Guy 500 miles away from the state of Texas on 6/30/1995. at 9:30 pm Guy had checked in to a motel in heath Ar`kansas, [SEE EXHIBIT # Z __I_T wILL BE THE RECEIPTS FRoM THE HOTEL. TO PROVE GUY WAS NOT IN TEXAS ON 6/30/1995 as stated by the woman at the night club,
In this instant petition habeas No. 23-613~B-H-2 Guy filed with the convé icting court the documentation from the Arkansas law enforcement officals that clearly put Guy 500 miles from Texas on the night of the Texas crime and the 124 th district court has made a grave error in its responce to the petition.
PAGE 36':of record / pg 5 of states responce reads. If the non-motorized receipts are correct, Guy was in the shell lake ao motel in Heath Arkansas both on 5/25/95 from 6:15 to 8;pm, and he went back at 9:30 pm on Jungol995/j§£g l,was intered in to evidence to suport a conviction of rape page 6, STATES, Certainly, Guy could have committed a crime in Arkansas on may 25, and been in Texas to committ this crime on July 1,1995
"HERES THE ERROR COMMI'I'I‘ED BY THE COURT"
See EXHIBIT |‘ _ITS THE INVESTIGATORS REPORT AND THE DATE OF WHICH THE ALLEDGED VICTIM STATE SHE WAS RAPED AND IT WAS JUNE 30, 1995 Orl a friday night. the victim stated she was attacked on 6/30/1995, Now the state is misleading the court and judge in to beleaveing it was July l, EE, because the Indictment states, on or aroung July l/l995. then the state goes on to say july2, then july 3 , _ j v
if this honorable court will look at the EXHIBIT l THE INVESTIGATORS REPORT AND VICTIMS STATEMENT SHE SAID 6/30/95 on friday night. the interview was conducted at 10;40 am at the sherriffs dept on july l, 95 there is where the state has the date wrong, and this wrong date is keeping the truth from
coming out that they have the wrong man in prison.
ARGUMENT GUY HAS NOW PRCVED BEYOND A REASONABLE DOUBT HES INNOCENT
Guy has a notorized affidavit from a nother man stateing he was the man that was in Texas and committed the crime Guy is in prison for SEE EXHIBIT L§x._f| OF BILLY STEWARTS AFFIDAVIT,FROM 2013. it was not avaliable in 1995-6 nor while Guy was in Texas.
then 2015, Guy provides to the court a notorized affidavit from an Arkansas law enforcement officer and the state prosecutor and the court finding the affidavit and its motel receipts ture and correct. Stateing BENNIE GUY WAS cHEcKING IN 10 A MOTEL IN ARKANSAS 500 MILEs AwAY AT 9":30 pm on June 30, 1995 when he was suposed to be in Texas committing a crime here. these affidavits
are signed by law enforcement, and dated .there certified documents. E;( '7,
IN CLOSEING
Guy objects to the states fact finding and rebutts the fact finding. Guy has presented clear and convencing evidence of the 124 th courts error. the indictment date of 'onor about july 1,1995 is wrong, Date should of been June 30, 1995 as stated by the victim and the investigators report see exhibit
f zidlnvestigators report dated july 1, 1995 at 10;40 am at the sherriffs
depton saturday morning, the victim clearly states, paragraph 3, line 12, that on friday night 6/30/1995 she was assaulted. and Guy now has court documents proveing he was 500 miles awy from that woman and the town of longview Texas.
In the courts fact finding pg,70 of record, page 2 of the finding, state
(1)a:Guys plea in the Texas case was freely and voluntarily given.
Guy clearily fits in the middle of both actural innocent cases by the supreme
30 1995/at 9:30 pm Guy was 500 miles away checking in to a motel/ Calander of June of 1995
sMTwTFS 1695 2
d 1 3 F\)~‘/ 'ZO_ U<-
4 5 6 7 8 9 10 - ,.)\`§ 11 12 13 14 15 16 17 ;§ ;‘\‘l"’\ 18 19 20 21 22 23 24
25 26 27 28 29
here is a calander of June 1995, and the investigators report from the victim states it happened on June 30,95 a friday.night,/ and Guy has affidavits from law enforcement in Arkansas placeing him there at the time of the Texas crime and this court knows no one can bee two places at the same time and Guys signs ature is on the receipt and dated. there fore Guy has rebutted the states res sponce onetheadaterissue.atohand. that wasian error thats keeping a inocent man
in prison. 7
SCHLUP V DELO, 513,us,298,130,L,Ed,ZG,BOB,llS,S,Ct,BSl,(1995) SCHLUP CLAIM, A procedural claim for relief, depends critically on validity of STRICKLAND AND BRADY, to prevail the applicate must show that a Const error more likely than not resulted in conviction] [
Here Guy had a right to his 6 th amendment right to effective assistance of counsel, the court appointed attorney mr jackson did not investigate the case at all if he would of he would of found out the following. A-Guys cousin committed the crime, SEE EXHIBIT OF BILLY STEWARTS AFFIDAVII_:i_ STRICKLAND V WASHINGTON, 466 u,s,668,80, L,Ed2d,674,104,s,ct,2052,(1984) pg,2060 [the court of appeals agree] the 6 th amend imposes on counsel a duty to invest- gate, and only professional decisons and legal choices can be made only after investigation 693,f,2d.at 1250,n12] SEE EXHIBIT §§ ITS THE MOTION FOR APPOINT_ MENT OF A INVESTIGATOR AND THREE DAYS LATER PLED GUY TO A COERCED PLEA SO THERE THE PLEA AS STATED BY THE COURT IS NOT FREELY GIVEN.
The dates of the state are wrong, there delibertly given to counter attack n the affidavit of law enforcement officals of Guys where abouts on 6/30/1995 the day of the Texas crime Guy was 500 miles away.
IT IS THERE FORE PRAYED.
That this honorable court look at the affidavits and other evidence
that prove Guy is innocent and rule in Guys favor, hes been in prison now 20 g years for crime he did not committ and has proof through law enforcement affid- avits and motel receipts placeing him 500 miles away from Texas on night of the crime , and the states response be corrected to the correct date the victim ststaed she was attacked on 6/30/95 not 7/1/95 as stated by the state. and order Guys release or over turn the conviction and send the case back to trial it is
so prayed.
BENNIE DAVID GUY 01862511 3060 fm 3514/ Beaumont, Tx 77705
8 `Z)BW §§ o/o‘oa;/)
CERTIFICATE OF SERVICE
1 BENNIE GUY TDCJ NO, 01862511 do state the petition is true and correct
to best of my knowledge. and the petitiom/motion was put in the u/s, mail on thisz'jlz day of :§¢ pi 2015 with affixed postage. to the Texas court of sza;
criminal appeals.
INMATE DECLARATION
I AM INMATE /OFFENDER BENNIE GUY HOUSED AT §306@*fm$3514, BEAUMONT/ TX 77705 stiles unit of the TDCJ.
BENNIE GUY 01862511 3060 fm 3514, Beaumont, TX 77705
%M\/\~JL 113 5
iix-l`
a
GHECG CUUNTY SHERIFFS DEPARTNENT SUPPLEHENTAL REPORT
DATE RUH 7f13/9& CUNTINUED CASE: 002-603-95 DHTE IHFORMATION REEEIVED! ?/91§?5 APFRUVED EY _
INVESTIGATED HY SHFLTDN
GDDITIUNAL DETAILS: ' ON 07/01/95, I, CECIL SHELTDN (HEREAFTER KNGNN MS H/U), AN.
INVESTIGAFUR UITH THE EREGE CDUNT` SHERIFF'S DEPARTHENT ASSIGHED
TU_lHE-CRIHINHL INVESTIGATIUN DIVISIUH, WAS CDNTMBTED AS ON~CGLL INVESTIGATUR FOR THE CRIHINAL INVESTIGATIDN DIVISIUH. H/U UHS ADVISED THGT h SEXUAL ASSAULT HAD UCCUHWED AND THAT THE VICTIH
UAS AT THE SHERIFF'S UFFICE. UFUN HRRIVAL AT THE DFFICE, RfO MET UITH THE VICTIH, LEVUNNG TALIHFERRD (U/F, DUB 65/03/?5). HS. THLIMFERRU ADVISED
R/U THAT SHE HAD HEHN THKEH TU 9 REHGTE AREH IN GREGG CUUHTY HHD
RAPED BY GN UNKNDWN NHITE MALE.
R/U UHS ADVISED BY THE VICTIH THAT ON FRIDRY NIGHT, 35/3@/95, SHE AND n FRIEND UENT TO THE LEVEE CLUH IN LOHGVIEM. MS. TAtIAFERHU STATED THEY DRANK APFRUXIMATELY 4 HIXED DRINKS QT
THE CLUB MHILE THEY UERE MAITING FOR'UTHER FRIEHDS FROH CHHPEL
HILL. THE VICTIH STQTED SHE UENT UUT TU THE'CHR IN_THE PARKING LOT
TD SEE IF SHE CGULD SEE HER FRIENDS. THE.VIETIM STATED SHE'HAS
srmwvrwc HESIDE KaRta'S can wHEN a wHITE MALE waLKEn UP 10 HER
_aNn ETARTED TntKING TU HER. THE viCTIH STQTED THAT THE wHITE ' MALE SAID HE HAD Tn 60 nunn THE ROAD'TU FICK up m FRIEND ann asKED IF SHE MANTED 10 co,‘THoT HE woutn 85 RIGHT HAEK. THE
VICTIH STATED SHE GOT IHTU THE UHITE HHLE'E CAH.‘ THE VICTIH> ADVISED THAT THE MHITE MALE DRUVE FUR A LDNE TIME AND SHE KEFT
RSKING UHERE HE HAS GDIMG. THE UHITE HALE DRUVE TU n REHUTE
GREGG CDUNTY §HERIFFS DEPARTHENT _ SUPFLEHEHTAL REPURT DATE RUN 7/19/96 CONTINUED
CASE: 002~@03~95 IHVESTIGATED B¥ SHELTON ADDITIGNAL DETQILS;
MDODED MREA'MHERE THE VICTIM STATED HE HEGAN GRQHBING HEH AHD
APFEDVED BY
FULLING HER ELDTHES UFF. vTHE VICTIN ETATED HE KEPT CUSSINE HER.
THE VICTIH STATED THE UHITE HALE FOREED INTERCUURSE, URAL AND
VHGINAL, DN HER SEVERAL'TIMES (SEE STGTEHENT FQR-DETRILS).
R/U UAS.ADVISED HY THE VICTIH THAT SHE SGU HEADLIEHTS CDHIHG
UP AND SHE UAS HBLE TO ESCHFE. THE VICTIM HAN NAKED TO n PICHUP
THAT UAS DRIVING BY., THE FUUR UHITE HALES IN THE FICKUP HELFEB
THE VICTIH TU GET OUT OF THE AREA. THE VICTIN UAS EIVEH CLDTHIHK
AND A HIDE.BACK TD CHAPEL HILL EY THEEE_PERSONS. THE VICTIH SHUUERED BEFURE EOING HUHE. AFTER RETURNINE.HOHE
QND TALKING TU H FRIEHD, SHE CALLED HER FATHER AND TULD HIH UHAT
HAD HAPPENED. AFTER TALHING UITH HER FATHER, SHE MENT TU THE MEDICFL CENTER IN TYLER AND CHLLED THE TYLER PULlCE. THE SEXUHL ASSAULT EXAHINHTION UAS FERFORMED IH TYLER.
R/U HAS ADVISED BY THE VICTIH THHT'THE VEHICLE THE SUSPECT
wHS DRIVING UMS n SHALL 4 DUDR VEHICLE, PUSSIBLY A LIGHT CULUR,
UITH LlCHT BLUE INTERIDH. . THE`SUSFECT IS DESCRIBED S 1 HHITE NALE, 5'11', 290 LBS., LIGHT CULORED HAIR BLONDE, UNSHQVEN SLIGHT GRUHTH, UEMRIHE 0 HEIGE SHIRf,_ELUE JEANS AND-HAROUN BUUT$. n v . R/D HAS ADUISED BY THE VICTIH THAT-PRIUH'TD CUHING 10 THE SHERIFF'S DFFICE SHE HND HER FATHEH HENT TU THE SCENE UHERE THE
HHHE UECURRED; THEY HEHE AIDED IN FINDING THE LDEHTIOH BY TMQ'DF
THE FUUR MEN THHT HHD HELFED HER.
DATE INFURHATIUN RECEIVED:
PAGE
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NQ. 23,087-13 THE s'rATE oF TEXAS § IN THE 18. vs. n § coUR/r IN AND FoR BENNIE DAVID GUY § GREGG couN'IY, TEXAS
TO THE HONORABLE JUDGE OF-SAID COURI`!
Now comes Bennie David Guy, defendant in the above styled and numbered
cause, by and through his attorney of record, and respectfully moves this
Honorable Court to appoint a private investigator to assist him in the preparation
of his defense. and for good cause shows the following:
',I.
Defendant is charged With the felony offense of social assault
II'.
Based on his limited investigation in this:case, the undersigned counsel knows that there are a number of witnesses who must be sought out and interviewed This can only be done properly and effectively through the use of a
private investigator.
MCI'!ON AND QRDBR FOR A.PPO!NTMB.NT OFAN lNVESTXGATOR PAGB l
§ lII.
Appointment of a private investigator is necessary to insure that defendant
ghts to effective assistance of counsel, cross-examination and
cess, guaranteed by the Sixth and Fourteenth
receive his ri
confrontation, and compulsory pro
Amendments to the United States Consiitution and Article‘l, § 10 of the Texas
..._..__-..._'»__ ...._....._._ _ ___
Constitution; due process and due cour_se"of‘lavv,_'g
Amendxnent to the United States Constitution and Article I, §§ 13, 19 and 29;
and, equal protection of the law, guaranteed by the Fourteenth Amendment to the
United States Constitution and Article I. §§ 3 and 3a of the Texas Constitution.
l`V.
Appointed counsel is entitled to reimbursement for reasonable expenses
incurred with prior court approval for purposes of investigation Tex. Code Crim.
P_roc.' Ann. Art. 26.05[3).
V.
Undersigned counsel was appointed to represent the defendant because of
his indigence This indigence prevents defendant from hiring a private
investigator to assist in his defense
MO`|`\ON AND ORDBR FOR A.°POINTMBNT OF AN lN’VBSTlGATOR FAGE 2
jarameed~by~meFeurtcenfh-~~~~~~~- - --~
‘ vI.
Defendant requests that the Court appoint
a private investigator. licensed in the State of Texas.
wHEREFoRE, PREMisEs ooNsn)EREi), defendant prays that this court
appoint a private investigator to assist him in the preparation of his defense and
that the Court order the(‘yjoun_ty'Auditb"f"to""'pay'the"costs~‘of~'s
. services
Respectfully submitted,
a/B/~u‘/ \@%a@w
Terry Jackson Attorney At Law
301 North First Street Longview. Texas 75601 SBN 00790950` 903-758-8888 903-753-5982 faX
ATI`ORNEY FOR DEFENDANT
MUl`lON AND ORDER FOR AP'POINTMENT OF AN lNVESTlGATOR PAGE 3
uchrinvestigative_. …… --_ -A.. -
f ; ` ~ ' " gigginbotham and Associa es § P.O. Box 129 ° Longview, Tean 75606-0129 (903) 758-4919
m# 75-272180 lNTERlM § DATE: 7 / 2 9 / 9 6 TBPI#Msso r-- --] GU!, BENNIE DAvID No. 23.087-B
Mr. Terry Jackson Attorney At Law
j 310 N. First street
kop§view, TX 75601 ' ll
interview
itn s
Investi ation and hours @ M0.00
er hour
DUE AND PAYABLE UPON RECEIPT IN LONGVIEW, GREGG COUNTY, TEXAS ' n Sub Total
Tax
Total
PLEASE RETURN ONE COPY WITH REMITTANCE
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4 STATE OFARKANSAS. STATE OF TEXAS -
BILLY W. sTEWART ADC #104406 P.o. BoX 500, GRADY, AR. 71644
events that occurred on June 30"" 1995 - to - May 10"ll 2013.
Billy W. Stewart A.D.C. #104406 P.O. Box 500
Grady, AR 7~1_644 Date:_ j ` "/>?"/3 '
Signature: (§`?/%@%/Q/y¢/ / ‘ .
'lZ
7 Hw"#m._”M_l*)moms`_\vea_x: this statementis >tru-eandcorrectto th>ewb`estof my lthoudedge of the
12 gf qauah 1 t i }. '. L'-
DECLARANT WITH SUPPORT BY AFFIDAVIT : 1_. I am Billy Wayne Stewart My date of birth is November 13, 1963. My height is S‘ft 9 inch Brg\_x_m hair and 205 lbs }Hy SS#j 5 429_ 27_ 62()8_
2. My old home address is 146 East lake Dr. Marion, AR. 72364. Iwas employed at M 3 l`.
Truck_ing, WestMemphis, AR. 7230], Owner} oe Widell. 3. My Mother was Brenda Lancaster-Stewart Vowell.
4. My Father is Earl Wayne St_ewart, Sr. - .
5. lam 49 years old and of sound mind to make this Declaiation
In June of 1995, I Billy W_ayne Stewart was living with my cousin Robert Guy in Hugh Springs, Texas, l worked and lived with my cousin Robert Guy until I left around July 6, or 7, of1995'. In the late part of June of 1995, l had bought a light blue Mercury Lynx with tag # Tean MGH-53L. from a car dealer in Hugh Springs, TX. and paid for it with checks from my
cousin Robert Guy who I had worked with. On the night of June 30"‘- 1995 or July ls“ 1995, It was a Friday I had cleaned up after
work and was going to a club in Longview, TX. (Gregg Co.) At around lO-to-ll p.m., I went to the Levee Club. On, I think was Spur-63 or Macain and 80 HWY. down town Longview, Texas. _ ' l l l parked my car in the parking lot and as l was walking toward the club entrance door, I seen a white female standing out-side smoking a Cigarette and I went to her and asked if she was OK. She told me it was hot in side and she was waiting on a few friends 'I asked her if she wanted to,\go for a ride and smoke some Marijuana and she said yes. l had drove With her to a remote area probably 5~ miles from the club. Once there l started making the girl-woman take her clothes _off. And l forced myself on her (raped her) oral and vaginally.
About a hour later a truck pulled up behind my car and the woman got away from me and ran to a pick-up truck and iled. Once the woman fled in the pick-up, I started my car, drove probably a mile or two and the car stopped running l got out looked for my boots and could not
find them or my comb or shirt l took my tire wrench knocked the windshield out the car, took
the vin # off the dash, the vin# I don’t know what it is. l sat the 1985 light blue 4-door Mereury'
Lynx on fire and walked away.
ss
1;
l walked to Hwy 42 and went to White Oak, Te)
Springs, Texas with a man in a pick-up truck. Couple days later a Investigator named Cecil Shelton with the Gregg Co Texas Sheriff Dept came to my co Robert Guy’ s house in Hugh Springs, Tx. looking for Benny Guy My.other cousin., I Billy Stewart had bought a car in Hugh Springs, Texas under the name of Tommy Guy and when 1 over heard the conversation
of the car being found burnt and of the girl (Leavonna Tali_aferro) 20 yrs old reporting she
was raped I knew then that a investigation would soon be underway
1 left Hugh Springs, Texas the next following day after lnvestigator Cecil Shelt_on had talked to Robert Guy, and went back to Marion, Arkansas. My Father Earl Ste_wart s Mother is
Willard Dean Stewart. And Robert , Benny, Tommy and Bobby Guy’s Father is Marvin Guy, .Willard Dean Stewart and Marvin Guy are brother a`r'id sis_ter. I knew once 1 got back to
Arkansas that 1 would never be caught because the family members would not tell on each other. However, my cousin Benny Guy was arrested for this crime I committed and it has come to the point that l do not want my cousin in prison for a crime I committed on June 30"‘ 1995 or July 15‘~ 1995 in Gregg‘C-ounty, Texas.
1 have went threw the public records, Freedom of Information Act and l’ve came up with the needed information 1 need in order to give this information to the right people and
agencies where Justice can be rightfully administered and once and for all'the truth be told.
I Billy W. Stewart on 6-30-1995 did rape Leavonna Taliaferro of 16104 CR-294 of Tyler,
Tx. Her date of birth is 5-3-1975. 20 year old clerk. (Leavonna told me something only I- ~
- and her'would know. Leavonna told-meshe was 19 years old and only had sex with one
person besides me. Ask Leavonna Taliaferro is she told the rapist that the night of the
rape and she will tell you yes.) In 2010, In Garland County Ark`ansas (Hot Springs) l was convicted of rape of Jessica
Holmes‘ a 23 year old woman. My case # is CR~Z_O]O-GZO~IV. Since I raped Leavonna Laliaferro, l’ve been in prison many oftimes. Now my conscience is bothering me to where 1
want to take responsibility for what I have.done in my life.
Benny Guy, my cousin, was_convicted in Gregg vCo. Texas court of raping Leavonna Taliaferro in July of 1996. now I feel the need to come clean and do the right thing and tell the truth and apologize to my cousin and to apologize to Leavonna Taliaferro. Wouid you
please help me see to it that Justice is served. I can’t live with this any longer- my conscience
~ Bimy W“. stewart #104406 - ~‘ " ~ r-e ~ - ---~»P;»o.~B'ox*-soo~ - ` ` Grady, Arkansas 71644
is eating me up.
STATE OF ARKANSAS )
- )§§ CoUNTY LINCoLN )
` C" SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this _z__/__
dayof_M`_\ZOB étfstwli / :§lml¢,M/£/ »
NoTARYP BLIC _. 1 i_ 1
MY CoMMIssIoN EXPIRES; § ' 2 7'“”?;) ~'? /'
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800-521,}_.
STATE QF ARKANSAS )
)ss coUNTY oF . _ )
AFFIDAVIT l/(glff///£/ S`/?é<.{;?f?’ , , after first being duly swom, do hereby swear,
depose and state that
W$l‘.§ 19#77‘/'}'§/,:)/1 l"$ 7%/{/ lundy c'l:rf/7”
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I farther swear that the statements, matters and things contained herein are true and
accurate,to the best of my knowledge, information and belief
DATE » ` AFFLA.“I§, n d :/::yq’ 07 7“” /0 /Q soCJAL SECURITY #
SUBSCRIBED AND SWQRN TO BEFORE ME, a Notary Pub]ic, on this day of
,20
`
NOTARY PUBLIC
My _Comr_m`ssion Expires:.
STATE OF ARKANSAS ). cO_UNTY OF /IL£?I/,A ) .
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Pub]ic, on this /y day of
/}///‘/1/ _ ',20/ 3 - _ .
’ NOTARY PUBLIC` j/§/§)/A//SS£&£H/C
My Commlsslon Explres: _ v § "¢» 2 f 0 'E° /
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TEXAS DEPARTMENT oF misth sAFET-v
'CRHWELABORATOHY . 350'WEST_1H 30 GARLAND,TEXAS 7soagssga 214/226=5245 ` _
oui)LEYM anM/;'=' ' ~Assr.~ omEcTon
JAMES r\. 'vvi LSV¢"
9“““1 August 22,1995`]
Investigator Cecil Shelton ’* """" Gregg County Sheriff’s Office lOl E. Methvin, Suite 559 » Longview, TX 75601 ` ~
vTQ:
Sexualvkssault; Bennie David Guy, Suspect; Victim; Gregg County; 7~1-95;.Sub-
sUBJECT; L1D-76,495; 002- 003 95
Levonna Taliaferro, mitting Agency Case No.
DATE RECEIVED: 'August 16, 1995
METHOD OF SUBMISSION: In person by William Dennan
EVIDENCE SUBMITTED: Sexual assault evidence collection kit from the victim. any physical trace
REQUESTED ANALYSIS: Process the items for ' evidence associated with sexual assault
' RESULTS OF ANALYSIS- The victim' s blood was typed aS-a group "0ll and a secretor by Lewis typing
A nonspecific presumptive test for the presence of semen was negative on the vaginal swabs and oral swabs.
No_ spermatozoa were detected on the vaginal smear slides or the unlabeled smear slides- ' No hairs were’detected in the head and pubic combings. No relevant trace evidence was detected in the finger-
nail clippings from the victim. No analysis was performed_on the saliva specimen. Please make arrangements"
We are unable to retain this evidence to pick it up at your earlies-t Convenience.
ginde é//L~Lé#(C/¢> ' Manuel Valadez,
Lorna Beasley ' _ » Criminalist VI ' Laboratory Superv'
LB/MV:lb
cc: Au us. Lab=
<_"_`_) ;,"7' 4 114 ,
COURTE$Y ~ SERV|CE ~ PROTECTION
t F|LED cases couNTY. n-:xAs JUN 17 2015
Cause No. 23,613-B
THE STATE OF TEXAS
§ § vs. § IN AND FoR ' § . ' _ BENNIE GUY § GRE_GG coUNTY, TEXAS
ORDER DENYING DNA TESTING
' _ On this the _|£_ day of June, 2015, in Cause Nurnber '22,613~B,;B_ennie Guy’s Request for DNA testing came to be heard. This Court has reviewed Mr. Guy’s request and the State’s response, including affidavits from a deputy district clerk and a sheriffs deputy in charge of property -retention. The S__tate has responded to Mr. Guy’s request, by informing the court that the evidence Mr. Guy seeks to test Was probably not entered as evidence in his guilty plea hearing, and-Would not have been retained for 19 years, and can no longer be located This Court finds that the evidence
no longer exists ina condition making DNA testing possiblet_ Therefore, pursuant to Article 64.03 (a) of the Texas Code of Criminal Procedure, this Court may not order forensic DNA testing en the named items Request for DNA testing is denied.
JUN 1 Signed on 6. 2015
Cause Number 23,613-B
Ex PARTE § IN THE msch coURT § 124“* JUchlAL msch BENNIE DAvn) GUY § GREGG coUNTY, TExAS
AFFIDAVIT OF BEVERLY MATHEWS
Before me, the undersigned authority, personally appeared BEVERLY MATHEWS, who after being duly sworn, stated the following under oath:
“My name is Beverly Mathews and I am over the age of 18 and competent to make this affidavit I was employed by the District Attorney of Gregg County as a prosecutor from 1991 to 1998, and I was assigned to prosecute Bennie Guy,
I have some clear memories of that case. I have been asked it` I have any _ knowledge of the location of a shirt, a comb, a pair of boots and a_ sexual assault kit from that case.
“I did not keep evidence in my office If I ever needed to admit items into evidence from the Sheriff’s Office, I would have requested it be brought to the Courtroom on the day of trial. l would never have picked it up from the Sheriff’s ' oft`lce. After it was introduced, it would have been kept in the District Clerk’s
office, not my office.”
~.~_»~.,.,..\1.,- _~`.~.,_._ _
“I do not remember the lab report being helpful or hurtful to the defendant
l have no recollection of ever seeing the boots, shirt, and comb.”
d holan
severity MATHEWS, Afflam
Subscribed and sworn to before me, the undersigned authority, on this the
/Q% day ofMay, 2015. /7 _ 9 § await da ma s1 f ' “ \ `\._/
Notary Public, State of Texas
` PRlscsLLA Pmce .- N°¢ary Pubm; sure oF rem
" Commluion Exp. 05-23~2015
Ex PARTE § IN THE DrsTchr c`oURT § 1241H JUDICIAL nrsTRrCT BENNIE DAvn) GUY , § . GREGG coUNTY, TEXAS
AFFIDAVlT OF DEBBIE KINNEY
Before me, the undersigned authority, personally appeared Debbie Kinney, who after being duly sworn, stated the following under oath:
“My name isn Debbie Kinney and I am over the age of 18 and competent to make this affidavit I have been employed by the District Clerk of Gregg County as a deputy clerk for the last 16 years, and I am assigned as a records manager and as a civil supervisor. I know the procedures for exhibit destruction m the Gregg County District Attorney’ s office
“I began destroying evidence in 2011. I do not know who was responsible for that before I began. I believe that it had not been done for some time, because when I began, I destroyed some evidence from as far back as the 1970’8. It is now our policy to hold on to evidence from capital murder, murder, and sexual assault ncases, but I am not sure when that policy was implemented.” \ “I have been asked to search my records to see if the evidence requested by
Bennie Guy has been destroyed I have searched for the evidence from Mr. Guy’s
case, but have been unable to locate aidestruction record for the boots, comb, shirt
and sexual assault kit listed in Mr. Guy’s motion and found no record that those
items were destroyed.”
Subscrlbed and sworn to before me, the undersigned authorlty, on this the n
fm n _ l l _day ofMay, 2015
tilt 1 1 tav©tblic, State of Texas
Ex PARTE § 1N THE DISTRICT coURT § 1241lH JUDICIAL DISTRICT BENNIE DAvn) GUY § GREGG coUNTY, TEXAS AFFIDAVIT
Before me, the undersigned authority, personally appeared Adalia Richmond, who after being duly sworn, stated the following under oath:
“My name is Adalia Richmond and I am over the age of 18 and competent to make this affidavit I am employed by the District Clerk of Gregg County as a deputy clerk for the last 24 years, and 1 am assigned to the 188th Judicial District Court. I have knowledge of the procedures for exhibit storage areas of the Gregg County District Clerk.
“I have been asked to look for evidence that was asked for by Bennie Guy, I have searched for the evidence from Mr. Guy’s case, but have been unable to locate the boots, comb, shirt and sexual assault kit referred to in Mr. Guy’s motion. I have searched the entire vault, all the exhibit cards (which should list everything in the vault on a particular case) and found no record of those items. I had another deputy, Jhazmyne Williams, go back and check it again. There was no exhibit card in this case, In the case file, I found an ‘evidence list’ prepared by the
Gregg County Sheriff , which listed the four items plus a burned vehicle as exhibits
'*"*“f°"’?'""`"""' "" .. ,. 114 ., . _ _... ..
‘A-E.’ That is not a list of State’s Exhibits from the trial, because at trial, State’s exhibits are given numbers, not letters. l
“I have also checked with Debbie Kinney, our records manager, another veteran deputy in our office_. She told me she found no record of State’s Exhibits being destroyed.”
“I do not know where the requested evidence is.”
nw
Adalia Rith{nond, Afaanr
Subscribed and sworn to before me, the undersigned authority, on this the
Notary Public, Svtate of Texas
\QM\ day ofMay,`ZO 1 5.
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Ex PARTE - § . ' IN THE DIs'rRICT coURT` § 124TH JUDICIAL _DISTRICT BENNIE DAVID GUY § GREG_G CoUNTY, TExAs
AFFIDAVIT OF DAVID FALCO
Before me, the undersigned authority, personally appeared DAVID FALCO, k
who after being duly sworn, stated the following under oath:
“My name is David Falco and l am over the age cf 18 and competent to make this affidavit I have been employed by the Sheriff of Gregg County as a deputy for the last g years, and 1 am assigned as a Criminal Investigator / Evidence Custodian, and as such, I know the procedures for evidence preservation and destruction in the Gregg County Sheriff’s Oftice.
“I was asked to search for evidence in the Bennie Guy case, specifically, a pair of boots, a shirt, a comb, and a sexual assault kit.”
“I have searched the evidence storage area room and all storage rooms under
my control as well as the original property log bo a d case file , and have not
DA"er F/>rtco, Afaam
Subscribed and sworn to before me, the undersigned authority, on this the
_lg_ day of Ma¥“{mg§
"`;SO`€` ~',:. §§\~,. :_ soiARr/>@(O f Ml&'/] M)l//AU§"@M § ‘£;%>O/ iM Notary Public, State of Texas z’//, '<§t/)Rg§“% '.‘._-~"":
Case: 5:lZ-cv-OOZZZ-JMA('”"`EDY Document #: 2-1 Date Fi|{e"~',,p€/lg/ZOlZ Page 37 of 119
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CRIM.NAL liNFO'R-;MAT|DN 1131 THE Cl R,Ci`ti 1T C‘UUSR‘I' OI~“' $T». FRA'NC|.S COUNTY, AFRKAN’S_AS
53333 03 3333333,3$ n PL_MNT\FF v;s, No.. 33“33-§; 151 131 3 1111 333~13||3 133le Gut ~ DEFEHDANT
naming GrD'la'E rio l"l¢_`\‘(`| 1:".3;..1_ Ni\ Earle, Arltan-sa:s
1333 303 313-33 3533 XXX-XX-XXXX §§§EEY
Atrest.D31;3:~ B»)I=‘?'S Tracfhihg No.\: 214325? ' "
0113333(5}: 544-103 -\ R3'p3, Ctas's Y 1131333331 “:;‘~: z; 353-m n '.111'1.'11;`;
BET1E5 GNEEN, vi 51 FRA UHCUSH§K
“Cemes,, Fietcher 1333 ]33, Ptosecuting'A'ttomt-syi3_ttit`133 and 133 11133 13th judicial Bistt§ct 61 1113 State of'ArItarhsas‘, 01`33131311 S't. Frahc"i's County is 31 part, 131 the 3'33313 3331 1in the 3111!103'11;;' of the 533|;3 01 A:'ri:t:msas, 333 cady db accuse the above named defendant 0311:133
toilet-ting c imelfs 1:
533-103 - ~ 331>3 31355`3331.0333' Committed 35 fbliows to witt * - ’l"‘hat` 3315 detend3nt on or about 1433 25,1995 113 St. Frantis Ctmsity,
33311:333533, did 3333333 131 sexua§ ihtetmu=l:'se or deviate 3333:3! actith 331th 13551€3 133 H3rris by
13r3:113.13 compui`sio'n 11133'3133 committing the 01131353 01113333, Cia»:;s Y Fei'otty, agalhtt the peace ~
and tiigh1ty 31 the 51313. 31 At'ic-313533. 1133 pe:na[ity 133113331133333 01 ita;pe\, Class Y 1131033' is 1010 40 313313, or 1113 13 the Ari§:331533 Depattmeht 31 Correttiohs, 33131131' any such 0.1;1333 3331331;11331 tit conditions 33 may
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1 Case: 5:12-cv-00222-J|\/||V'(f""'\DY Document #: 2-1 Date Fi|¢(?~"~f'\OG/lQ/ZOlZ Page 38 of 119
1333 a 33333 03'1":3133 33333:3&3“ she Sca®e. will 633‘3331'3'333 fesser inchde-d c)fffenses.
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GARY ].\. CHUSSON DEPUTY SECUT|NG ATFORNEY
Subscribed 366 sworn m before me this ¢"Zli`¥;§ay of ]an333333'_1, 3996
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333 Comrmssmn Exp|res 33033333¥ §§p!lmber 133 2905
PROBABLE CAUSE H'EARENG ,
3_, the 3333633333§3336 33363¢:3:33 office:l'j, have 33336 a Probable Cause Heazr]ng 033 6335 date; have reifewed the 3356333'33; attached to 333-3 w33h333 information 33336 upon sath 333333333333 and 0633:3 proof matters 366 331th before the Court, 60 hereby find that there 33 prcb.ab!e cause to 6033333333 3he. 033333633333 3333313-:36'§ 331333:333, to be 33336 for 33333 cm the offense charged..
S:iic§ defendant 333:3[§|§ §be, 333 has been admitted 30 3333| 333 3he amount 333 $_{_3§.3._3;)£3 30 assure 3335/313333 apppaa“ahce 333 Court 3333 3~1333€33 Z§, 39935 33333;3 each date
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/ Ca_se: 5:12-cv-00222-JMM"""DY Document #: 2-1 Date Fi|c(>.~"" 06/19/2012 Page 36 of 119 l . .
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m THE .c_mcurr collar or sr. rmwcls couNTY, ARJ
sure or ARKANSA$ ` PLA|NTIFF vs. _ Br-;NN_!E mle our DEFENDANT
l, the undersigned law enforcement agem,- based on |n~fonmtlon and belief, and after 3
belng duly sworn, state than the following allegations are true and ctrrrec¢: * On or above May 25, l995, Bennie David Guy went to the Harrls residence and picked up l l year old ]e.ss|ca Lee Harrls to spend the night with h£ls chlldren`. Prlor to taking
the ]essl-ca_ to hls residence, Guy drove to ,the Shell La'ke Mole;l, where he rented a room,
raped the glrl and forced her co perform oral sex on hEm. Guy then perfomed oral sex on
-Q_>
}essice. The 'M~oa;eE records indlcered char Guy renced a motel room at She!l Lake ac the dme indicated by ]essfca. Medlcal vest performed by the Memphls Rape Crlses Cen©er shows dual }esslca was ra,ped, that there were fears to me vagina area and that sperm and halr samples werel found on the vicdm_. An Alddavlc for Warranr of Arrest was signed and an A'rrac
Warrant was lssued.
\
GLENN vR.»*!\.l"TSE‘l"
Subscribed and sworn w before me this m .[_ 2 z& day of ],a;nuary, 1996.
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