Hines, Joseph Barnard

Opinion

'~. ;.\ ` . '(r.. ','~ » '» " \_

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55,7152»¢©

CLERK OF THE

COURT OF CRIMINAL APPEALS P.O. BOX 12308,CAPITOL S'I'ATION AUSTIN,TEXAS_ 78711

RECE|VED lN 16,15 APRIL couRT oF cR\MlNAL APPEALs RE: wRIT oF HABEAS coRPUS‘IN¢ TRIAL CAUSE N0.776435-B ` ` APR 20 2015 cLERK, - Abe|Acosta,Clerk

Can you please file this rebuttal with writ of habeas corpus application in the above cause number for the court's review. Further can you please

inform me if your office has recieved the application and exhibits from the

trial court.

Thank you. ' . f / \' c.c.f. x ~ ` 7 l ;; n ' l ' OSEPH B. HINES#90l768 CONNALLY UNIT

899 FM 632 KENEDY,TX.78ll9

EX PARTE , § JOSEPH BARNARD HINES, § TRIAL cAUSE N0.776435-B APPLICANT § WR-

APPLICANT'S REBUTTAL TOTHE .S'-I‘ATE"S' ORIGINAL ANSWER AND THE TRIAL COURT'S FINDINGS OF FACT..CONCLUSION` OF LAW,AND ORDER.

TO THE HONORABLE JUDGE(S) OF THE COUR'l‘ OF CRIMINAL APPEALS:

COMES NOW,JOSEPH BARNARD HINES,Applicant,in pro se,and files his rebuttal to the State's original answer and the trial court's findings of fact,conclusions of law,and~order; Applicant`willl show the court the following:

I`.

Applicant filed his second writ of habeas corpus with the lBOth district court of Harris COunty,on 3-23-14,as and attact on the’ courts jurisdiction and juvenile court's order waiving jurisdict- iOn.See, EX-O[ ORDER WAIVING JURISDICTION~]THIS"ORDER IS ALSO ON FILE WITH THIS COURT IN APPLICANT'S ORIGINAL. APPLICATION IN"WR-55,.762-.02,AS A STATE EX- HIBFL Applicant recieved the State's original answer on 4-14<15, and recieved the trial court's:finding of fact,conclusions of law and order on 4-16-15. Applicant never recieved an opportunity to rebut the State's answer.

II.

Applicant contends that the State's request for dismissal and the trial court's order is improperly requested,where Applicant has satified Tex‘Crim;Proc.Code art.ll.07§`4(a)(l)(b) &(a)(2).

11.07 section 4(a)(1)(b) &(a)(z) (a) If a subsequent application for writ of habeas corpus is filed after final disposition of an initial application challenging the same conviction,a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that: ' l; the current claims and issues have not been and could not have been presented previously in an original application or in;a priviously considered application filed under this article be-

l

cause the factual or legal basis for the claim was unavailable on

the date the applicant filed the previous application;g£

2. by a preponderance of the evidence/but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.

(b) vfor purpose of subsection (a)(l)ja legal basis of a claim is unavailable on or before a date decribed by subsection(a)(l)if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United Stad$”\ Supreme COurt,a court of appeals of the United States for ama COurt of Appellate jurisdiction of this state on or before that date. TEX;PROC. CODE ANN.ll¢O7§4(a)(l)(b)&(a)(2).

THE BREAK DowN oF 11.07§ 4(.a)(1)(b) & (a)(2) To APPLICANT'S wRIT oF HABEAS cORPUS ' `

The Case MOON v.STATE,4lO S.W.3d 366/2013 TEX.APP;LEXIS 9345 (TEX.APP.HOUSTON lst.dist.2013) was not ruled on by the lst COurt of Appeals until 2013 and affirmed by the COurt of Criminal App- ealS until 2014.See,MOON v. STATE)___S.W.3d___,2014 TEX.CRIM.APP. LEXIS 1918r2014 WL 6997366.

But for almost forty yearsbthe'tendency among the Court of App: eals has been to hold that a juvenile transfer order need not‘ specify in detail the facts supporting the order.see,MOON v}STATE 2014 TEX.CRIM.APP.LEXIS 1918 at dissent.

The Court of Criminal Appeals held that,"What is lacking in our statutory scheme-as is lacking in Kent-is any express statement of the applicable standard of appellate review of the juvenile court's transfer order. In the absence on an explicit statutory standard of appellate review,the court of appeals have filled the void with decisional law spelling out how they will go about pro-

viding the "meaningful review" contemplated by KENT.see,id. at 454

In the instant case, Applicant filed his original writ of ha- beas corpus 8-25-04 WR-55,762-02,but even if Applicant would have raised the current issue on appeal or his first application/it

would have been fruitless where the courts' tendencies for al- most forty years lacked a applicable statutory standard of reviewl

So any review of the claim would have violated Applicant's due process right,so he has satified TEX.CRIM.PROC.CODE ANN. art. ll.07 § 4(a)(l)(b) & (a)(2),where:

WHERE THE LEGAL BASIS WAS NOT RECOGNIZED'BYFand COULD NOT HAVE BEEN REASCNABLY FORMULATED FROM.A`FINAL`DECISION OF A COURT OF APPELLATE JURISDICTION OF THIS STATE ON OR BEFORE THE FILING OF 8-25-04 of HIS ORIGINAL APPLICATION.

III.

Applicant further contends that this conviction is causing col- lateral consequences/because due to the unlawful arrest of-Appli-‘ cant as a juvenile,evidence was collected from him. Such_as:TWO PHOTOGRAPHS,FINGER-PRINTS,and DNA,which was use to convict him in trial cause numbers' 776436,800590,80059lyand 809892.see,EX-P [COUNSEL'S 2nd MOTION FOR THE APPOINTMENT OF AN`EXPERT/WHICH LIST ALL CAUSE NUMBERS. CAUSE NO.803298 On THE MOTION LATER» BECAME -809892]?6€€ alSO, EX-Q [oFFENSE. PoLIcE R__EPORT OF cAUs/El N0.809892,800590,800591 at pg.19 and 21.] .

CONCLUSION

Applicant contends that the State's and trial court has impro- perly requested for the dismissal of his writ of habeas corpus. When he has in fact satisifed the standards set out in TEX.CRIM. PRoc.coDE art.11.07 § 4

Additionally by a preponderance of the evidence,but for a vio- lation of.Applicant's constitutional rights[due process & lack of jurisdiction] no rational juror could have found him guilty be-

yond a reasonable doubt.

PRAYER FOR RELIEF Applicant respectfully prays that this honorable Court of Crim-

inal Appeals grants this rebuttal and reaches the merits of his

claim. j md m~f/ 01 1 !` l l l ‘\./

Ex PARTE, ’ ' ' § JOSEPH BARNARD HINES; § TRIAL cASE N0.776435-B

APPLICANT § WR_

PROPOSE ORDER

On this day of ' came to be heard on Applicant's rebuttal to the State!s original answer and the trial court's findings of fact,conclusions of law,and ORDER,and it is this

COurt determination that Applicant's rebuttal is:

GRANTED,

The court clerk is ordered to inform all parties of the courts

ruling.

executed on

JUDGE(S) OF THE COURT OF CRIMINAL APPEALS

CERTIFICATE OF SERVICE

Applicant,JOSEPH BARNARD HINES,#901768,hereby certify that this » rebuttal to the State's original answer and the trial courts' findings of fact,conclusions and order was mailed by U.S.P.S. to: THE CLERK OF THE COURT OF CRIMINAL APPEALS,at P.O. BOX 123081 CAPITOL STATION,AUSTIN,TX.787ll,on April 16,2015. Applicant is

unable to provide the State with a copy due to his indigence.

executex on 4-16-15. /;2:14: /// v v

s;.:’ il nj :" "_ 4:' f \') j %gqézfp . ' GWQM§`” - %/C ée/ '

THE sTATE oF TExAs ` ; ` IN THE 313TH DISTRICT coURT

NO.98-OO755J

COUNTY OF HARRIS § OF HARRIS COUNTY, T E X A S ORDER WAIVING JURISDICTION

IN THE MATTER OF JOSEPH BARNARD HINES.

ON THE géf§ day of FEBRUARY, 19§§, a hearing was held in the above styled and numbered cause under Section'54.02 of the Family Code, on the issue of waiver of jurisdiction. Prior thereto the Court had ordered and obtained a diagnostic study, social evaluation,a full investigation of the child, his circumstances, and the circumstances of the alleged offense, counsel, BELINDA PITT was retained more than ten (lO) days prior to the hearing; the counsel for the child was given access

to all written matter to be considered by the court in making the transfer decision

more than one(l) day prior to the hearing; said child, JOSEPH BARNARD HINES and his

mother, CHERRIE MARSHALL had been served with citation more than two (2) days prior to the hearing. After full.investigation and hearing at which hearing, the said

JOSEPH BARNARD HINES and his mother, CHERRIE MARSHALL were present; the court finds

that the said JOSEPH BARNARD HINES, is charged in violation of penal laws of the grade of felony, if committed by an adult, to wit: AGGRAVATED ROBBERY OF HUAN VU, COMMITTED ON OR ABOUT DECEMBER 15, 1997; that there has been no adjudication of

`this offense; that he was 14 years of age or older at the time of the commission

of the alleged offense having been born on the§ that there

is probable cause to believe that the child committed the offense alleged and that because of the seriousness of the offense, the welfare of the community requires criminal proceedings. In making that determination, the Court has considered among other matters:

l.'z _ Whether the alleged offense was against person or property,

with the greater weight in favor of waiver given to offenses against the person; »

2. The sophistication and maturity of the child; 3. The record and previous history of the child; and 4. The prospects of adequate protection of the public and the

likelihood of reasonable rehabilitation of the child by use of procedures, services and facilities currently available to the ` Juvenile Court.

The Court specifically finds that the said JOSEPH BARNARD HINES is of

sufficient sophistication and maturity to have intelligently, knowingly and voluntarily waived all constitutional and statutory rights heretofore waived by the said JOSEPH BARNARD HINES, to have aided in the preparation of his defense and to be responsible for his conduct. 'That the offense alleged to have been committed was against the person of another and the evidence and reports heretofore presented to the court demonstrate to the court that there is little, if any prospect of adequate protection of the public and likelihood of reasonable rehabilitation of the said JOSEPH BARNARD HINES by use of procedures, services, and facilities currently available to the Juvenile Court.

I'I‘ IS THEREFORE ORDERED that the jurisdiction of this Court sitting as a Juvenile Court, .be and it is hereby waived, and the said JOSEPH BMNARD HINES be and the same is hereby transferred to the Criminal District Court of Harris County,

Texas, for criminal proceedings in accordance with the Code of Criminal Procedure.

. / Signed this gag § day of FEBRUARY , 1998

/V¢ VZW/<»

S'CEGE, 313TH DISTRICT coURT oF HARRIS coUNTY, T E x A s

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STATE OF TEXAS § IN THE DISTRICT COURT vs. § 180TH JUDICIAL DISTRICT

JOSEPH HINES _ § HARRIS COUNTY, TEXAS

SE§QND_M9TlQN_EQR_THE_ABRQINTMENI_QE_AN_EXBEBI

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Joseph Hines, defendant in the above styled and numbered cause, by and through his attorney of record, and respectfully' moves this Honorable Court to appoint an expert witness to assist him in the preparation of his defense, and for good cause shows the followingi

I.

Defendant is charged with the felony offenses of Aggrevated Robbery and Aggrevated Sexual Assault. Defendant previously filed a Motion For Appointment of an Expert.

Based on his vlimited investigation in this case, the undersigned counsel knows that the State will be calling an expert: witness to testify for the purpose of DNA. Further, counsel knows there are a number of detailed and technical issues which must be investigated and explored. Counsel does not

~ possess. the knowledge or expertise to address all the issues " "1£§`§}<§1;§51{1 §§ ""§i{v"`¢!"§£§§§£§§§ wm `¢B" hs Bé"i §""¢!§}é§"}§§r§"" 5}£`1`§"§§"§3§;

properly and effectively through the use of an expert witness.

`Ex 'P

lb l

Appointment of an expert witness is necessary to insure that defendant receive his rights to effective assistance of counsel, cross-examination and confrontation, and compulsory process, guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article I, § 10 of the Texas Constitution; due process and due course of law, guaranteed by the Fourteenth Amendment 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.

IV.

Counsel is retained, however, Defendant is unable to pay any attorney fees nor retain and. expert. Counsel request to be reimbursement for reasonable expenses incurred with prior court approval for purposes of investigation. Tex. Code Crim. Proc. Ann. Art. 26.05(a). Counsel has retained the services of an expert who needs a signed copy of this motion and order for her records.

V. Undersigned counsel was to be retained to represent the

defendant, but because of his indigence has not been paid and is

is filing this second motion regarding hiring an expert witness

to assist in his defense,

Exv@

sproeeedingwprosbonoszhissindigencyristthetreasonwdefendantrfromrtwart

VI. Defendant requests' that the Court appoint Technical l Associates, Inc., an. expert in ‘the area of DNA, as an expert witness in this matter. WHEREFORE, PREMISES CONSIDERED, defendant prays that this Court appoint an expert witness to assist him in the preparation of his defense and that the Court order the County Auditor-to pay

the costs of the expert’s services. Respectfully submitted,

Charles Brown

18333 Egret Bay Blvd. Suite 270

Houston, Texas 77058 (281) 333-3335

BY:

Charles Brown STATE BAR NO.:O3lOl4OO

ATTORNEY FOR DEFENDANT

CEBIIEI§AIE_QE_SEB!I§E I hereby certify that a copy of the above and foregoing Motion For the .Appointment of an Expert was delivered. to the

District Attorney's Office, at 201 Fannin, Houston, Harris

County, Texas 77002, on September lO, 1999.

Houston, Texas 77058 (281) 333~3335

Charles Brown STATE BAR NO.:O3lOl4OO ATTORNEY FOR DEFENDANT

Q_R_D_E_R `

On _______________4 1999, came on to be heard defendant's Second Motion For The Appointment Of An Expert to assist Charles Brown in the preparation of the defense.

This Court, after having read the pleadings and heard argument of counsel, is of the opinion that said motion should be granted:

lt is therefore ORDERED, ADJUDGED and DECREED that Technical Associates, Inc. is hereby appointed as an expert witness for the

defendant.

It is further ORDERED that the said Technical Associates, lnc., after the conclusion of his/her expert investigation and trial preparation be paid up to the sum of, and not to exceed, $lOO0.00.

SIGNED on _____________, 1999.

JUDGE PRESIDING

E)<-P

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PAGE v131/az _

,~;,.`

To R_EQUEST A DETAILED coPY OF A

HARRIS COUNTY OFFENSE REPORT

To obtain a detailed copy of an offense report through the Public lnfc_lrmation 4 Act, ” A|so known as the “Texas Open Records Act, " please send your request via fax to fax number 713- 755-6228, Attention: Legal Dep._artment

Or Mail your request to: RE ' CEIV Harris County Sher'h°l`s Office N@-V ED Attention: Legal Departme`nt 2 2 2010 1200 Baker St. Houston, T¢xas 77002 LEGAL COUNSEL

P|ease include the following information m your request

Repor£/orfense Number(s) 9 7/¢£/ (/.2 [//j _,/@>/47%/¢?/'7% "777§?/'/{5¢%/%

` Name(s)of person(s) involved: rT/;)_S;~€}Zé 3 % 34 ‘€_../'3 n Address(es)ofoffense(s) <7/7;3 a / / (//\-LL@ /,\/ ngfp

nate(s) of offense(s)%/ 7

coN'rAcT lNFoRMATloN ‘ contactName C.{H£[`V l £~ MC‘;' I`SA¢’ // l;ZlZery_/\ddress: _/0 7/§7%@%/7///8/7 U/`.

§ L

/

* P|ease allow 5-'\0 working days for your request to be processed To contact the Legal Department, please call 713-755- 5668. .

Ex~€>?

o .

PUBLIC RELEASE REPORT FOR HARRIS COUNTY LAW ENFORCEMENT

ualm: UL/Uo/ll TIME: 19:47

CASE NO: 9712142413 PATROL DISTRICT l

SEX ASSLT/AGGRAVTD BY FIREARMS

TYBE oF oFFENSE: RoBBERY/ RESIDENCE BY FIREARMS

LOCATION:

v13911 cHUCKWooD GRID; 371v 0 AT/BETWEE DATE/TIME DATE/TIME

AT » 12/14/97 08 20

wEATHER coNDITIoN: cLEAR METHOD oF ENTRY;

g PREMISES INVOLVED: RESIDENCE`QUTSIDE cAUsE oF FIRE ; ~

COMPLAINANT INFORMATION: v NAME * AGE RACE SEX HISP

NAME OF INVESTIGATING OFFICER: TROTTI,ED W

PROPERTY INVOLVED: NCIC MODEL VALUE/ BRAND TYPE/DESCRIPTION ` ~~CODE TYPE LOSS UN ' CURRENC 0l MISC DEMONINATION 1900.00 (S) STOLEN' »

SGA v FIREARM 400 MARK II 200 (S) STOLEN UNKNOWN YCCARDS 'CREDIT CARDS ` l (S) STOLEN JVC CAMERA _ CCAMERA VIDEO CAMERA ' 1100 (S) STOLEN `

VEHICLE INVOLVED: v .

MAKE MODEL YR STYLE VCO LIC LIS LIT VALUE/

LOSS

SYNOPSIS_OF OFFENSE:

UNKNOWN SUSPECTS FORCED ENTRY INTO COMPLAINANT'S RESIDENCE, TAKING THE ABOVEv LISTED MERCHANDISE; AND SEXUALLY ASSAULTING THE COMPLAINANT.

E'>(~@

1 . .I DETAIL REPORT FOR HARRIS COUNTY LAW ENFORCEMENT

CASE NO: 9712142413 DATE: 01/06/11 TIME: 19:47

PAGE: l

TYPE OF OFFENSE:

sEX ASSLT/ACGRAVTD BY FIREARMS

ROBBERY/ RESIDENCE BY FIREARMS

DISPATCH LOCATION 13911 RE CHUCKWOOD

REPORTED LOCATION 13911 cHUcKwooD

AT/BETWEEN DATE/TIME

AT ,' 12/14/97

PREMISES INVOLVED: RESIDENCE'OUTSID POINT OF ENTRY ` INST/TOOL USED

CAUSE OF'FIRE

:20

ALI

GRID BEAT »DISTRICT COMM

371v 1B2 51

GRID BEAT DISTRICT"coMM

371v 132 02 51 DATE/TIME

`METHOD oF ENTRY ':

POINT oF EXIT

wEATHER CoNDITIoN:: cLEAR LATENT PRINTS: scENE PHOTOS:

PERSONS INVOLVED INFORMATION: TY/NO NAME/ADDRESS

Rolflllll

13911 cHUcKwooD

DATE OF BIRTH 2 / / SOCIAL SECURITY NO

` DRIVERS LICENSE -CONDITION : TAKEN TO EMPLOYMENT

PHONE : - - EXT

REL TO OFFENDER

AGE RACE SEX HISP

STATE : TX

TRANSPORTED BY

OFFICERS INVOLVED:

TARRD TCLRD DIS CBY_

P NAME _ ' vTDISP TENRT P TROTTI,ED w` 20 53 20:54 21 05 05;54 REP cLM B .RoSSI,DAVID 21 44 21 44 22 06 23:54 cBU cLM s LovETT,JAMES 21 44 21 44 22;06 23 54 cBU cLM B HoLTKE,M D v21:39 21 39 21 57 23 54- cBU -cLM B zERMENo,w D 21 17 21 17 21:18 22 52 cBU cLM B DOWLING,RICKI 20 54 20:54 21 09 23 36 CBU cLM B THoMPsoN,M w 20 54 20:54 21 09 23:36 cBU` cLM STATUS / DISPOSITION REPORT STATUS: DRA UCR cLEARANcE: oPN NAME~ _ DATE ' HAMPTON,L C 02/07/98 INITIAL ENTRY'

RELATED CASES 9712150128

E><-Q

QETAIL REPORT FOR HARRIS COUNTY _LRW ENFORCEMENT

CASE'NO: 9712142413 DATE: 01/06/11 TIME: 19:47 PAGE: ` 2

PROPERTY INVOLVED: PER/No ITEM sT BRAND TYPE

R01 004 »-S UN MISC DESC: MISC DEMONINATION ARSON PROPERTY cLASS:

R01 _003 S SGA PI MISC DESC: ARSON'PROPERTY CLASS:

R01 002 S UNK MISC DESC: cREDIT cARDS ARSON PROPERTY cLASS:

R01 001 S Jvc » cAMERA MISC DESC£ vIDEo cAMERA ARSON PROPERTY cLASS:

VEHICLE INVOLVED: , PER/NO STATUS MAKE MODEL LIT

SYNOPSIS oF oFFENSE:'

. VALUE/ NIC NUMBER SERIAL NUMBER LOSS

1900.00

g753639284 G62145 - 200

VCO LIC LIS VALUE/ 'LOSS

UNKNOWN SUSPECTS FORCED ENTRY INTO COMPLAINANT'S RESIDENCE, TAKING THE ABOVE LISTED MERCHANDISE, AND SEXUALLY ASSAULTING THE COMPLAINANT.

SUSPECTS INVOLVED:

L)Ili`l'A.L.lJ l\h.it'Ul'<`l` .CUI\ l'll'l!\l:\.l.b k,UUl\|'l'l L,'A§hl NUI S/.LL.L‘.!L":{LJ

“ r' [LAW ENFORCEMENT . ' ' DATE: 01/06/11 TIME: 19:47 w ' ` PAGE: 4 SUPPLEMENT NUMBER: l _ _ l ENTERED BY: HOLTKE,M D y DATE: 12/23/97 TIME: 02:54 APPROVED BY: MORGAN,DAVID DATE: 01/07/98 TIME: 08:51

STED. THERE IS SOME WOOD FROM THE JAMB ON THE PORCH AREA. JUST INSIDE THE DOOR ON THE FLOOR IS THE STRIKE PLATE AND A SCREW. THERE IS WHAT APPEARS TO BE A DIRT SHOE MARK ON THE EXTERIOR OF THE MAIN ENTRY DOOR. h

THE MAIN ENTRY OPENS IN TO A TILED ENTRY AREA TO THE WEST. ON THE SOUTH SIDE OF THE ENTRY AREA IS A DOOR FOR THE FRONT (EAST) BEDROOM/QFFICE. THE WEST END OF THE ENTRY AREA OPENS INTO THE NORTH EAST CORNER OF THE LIVING ROOM. `

THE FRONT BEDROOM/OFFICE HAS A DESK AGAINST THE WEST WALL.`ONE OF THE DRAWER 'S IN THE DESK IS SLIGHTLY PULLED OUT. IN THE SOUTH EAST CORNER OF THE ROOM IS WHAT APPEARS'TO BE SOME KIND OF RELIGIOUS ALTER. THERE ARE SEVERAL ASSORTED STATUES,'PHOTOGRAPHS, AND BOWLS WITH ASSORTED VEGITABLES/GREENS. UNDER ONE OF THE BOWLS IS $281.00'IN CASH. ON THE FLOOR BETWEEN THE ALTER AND THE DESK IS A MATTRESS.

THE WEST END OF THE ENTRY HALL OPENS IN TO THE NORTH EAST CORNER AREA OF THE LIVING ROOM. THE LIVING ROOM IS AS FOLLOWS: AGAINST THE EAST WALL IS A CHINA CABINET. ON THE SOUTH WALL, SOUTH EAST CORNER/ IS AN OPENING FOR ACCESS`TO THE KITCHEN AREA. AGAINST THE SOUTH WALL, WEST OF THE KITCHEN, IS A LARGE SCREEN TELEVISION, STEREO, AND SPEAKERS. IN THE SOUTH WEST CORNER IS AN OPEN DOOR THE LEADS TO A SHORT EAST/WEST HALBWAY. THIS_HALL ALLOWS ACCESS TO THE SOUTH BEDROOM, COMMON BATHROOM, AND SOUTH WEST BEDROOM. ON THE WEST WALL OF THE LIVING ROOM, SOUTH WEST CORNER AREA, IS THE BACK DOOR WHICH OPENS OUT TO AN ENCLOSED BACK PORCH AREA. NORTH FROM THE BACK DOOR'IS A FIREPLACE AND A CHRISTMAS TREE IN THE NORTH WEST CORNER. AGAINST THE NORTH WALL IS A CHAIR AND A LOVESEAT. AT THE NORTH EAST CORNER AREA IS AN OPENING FOR_ACCESS TO THE NORTH WEST (MASTER) BEDROOM AND GARAGE.'ON THE EAST SIDE OF THE ROOM, IN THE' MIDDLE AREA, IS A COUCH THAT FACES TO THE WEST. I FOUND THE FLOOR IN THE LIV- ING ROOM TO BE TILED. SREAD OUT ON THE FLOOR IN THE MIDDLE OF THE ROOM, WEST OF THE COUCH AND SOUTH FROM THE LOVESEAT, IS1A BLUE QUILT.

ON THE SOUTH END OF THE COUCH IS A PILLOW WITH A PILLOW CASE. ON THE SOUTH EAST AREA OF THE BLUE QUILT IS AN APPARENT BLOOD STAIN. ON THE COUCH AND QUILT IS REPORTEDLY WHERE THE SEXUAL ASSAULT TOOK PLACE. IN THE NORTH WEST CORNER' OF THE LIVING ROOM,-WEST WALL, IS A WINDOW; IN FRONT OF THIS WINDOW IS A _ CHRISTMAS TREE. THERE IS A BULLET HOLE IN THIS WINDOW. THE BULLET APPEARS TO HAVE BEEN FIRED FROM THE LIVING ROOM AREA,_WEST THROUGH THE WINDOW. THE FIRED PROJECTILE WAS FOUND IN THE FRAMING IN THE NORTH WEST CORNER OF THE ENCLOSED ’ "BACK PORCH AREA. THE REMAINDER OF THE LIVING ROOM AND KITCHEN APPEAR TO BE

IN ORDER. »

THE MASTER BEDROOM IS IN DZSARRAY. THE MATTRESS-ON THE BED HAS BEEN MOVED.

DETAIL REPORT FOR HARRIS COUNTY CASE NO: 9712142413

': 'Law ENFORCEMENT ‘ DATE: 01/06/11' TIME; 19 47 ' ' PAGE: 5 SUPPLEMENT NUMBER: 1 _‘ ENTERED BY: HoLTKE,M 0 DATE: 12/23/97 TIME: 02 54

, APPROVED BY: MORGAN,DAVID DATE: 01/07/98 TIME: 08:51

SOME DRAWERS HAVE~BEEN LEFT OPEN AND SOME PULLED OUT ON THE DRESSER AND CHEST OF DRAWERS. SOME OF THE DRAWER CONTENTS HAVE BEEN DUMPED ON THE FLOOR. IN THE SOUTH BEDROOM THERE IS CLOTHING ON THE BED AND FLOOR. SOME OF THE DRAWERS

ON THE DRESSER AND CHEST OF DRAWERS ARE FOUND PARTIALLY PULLED OPEN. THE SOUTH WEST BEDROOM LOOKS TO BE IN ORDER.

DEPUTY J. LOVETT TOOK SEVERAL COLOR PHOTOS OF THE SCENE. THE PHOTOS WERE TURNED IN TO THE PHOTO LAB UNDER THE ABOVE CASE NUMBER.

DEPUTY J. LOVETT AND.D.VJ ROSSI BOTH PROCESSED THE SCENE FOR LATENT PRINTS. .THEY WERE ABLE TO RECOVER A FEW LATENTS OF POSSIBLE VALUE. THE LATENTS HAVE BEEN SUBMITTED TO A{F.I.S. UNDER THE ABOVE CASE NUMBER.

DEPUTY ROSSI MADE 18 TAPE LIFTS FROM THE COUCH CUSHIONS IN ORDER TO- `RECOVER POSSIBLE HAIR/FIBER EVIDENCE. I TOOK POSESSION OF THE LIFTS ON THE SCENE. DISPOSTION TO FOLLOW LATER IN THIS REPORT.

DEPUTY LOVETT RECOVERED TWO HAIR SAMPLES FROM THE LIVING ROOM FLOOR. ONE BY THE SOUTH SIDE AND ONE FROM THE EAST SIDE OF THE BLUE QUILT. 1 TOOK POSS~ ESION OF THIS EVIDENCE ON THE SCENE. DISPOSITION TO FOLLOW LATER IN THIS REP- ORT.

_I RECOVERED THE FOLLOWING EVIDENCE FROM THE SCENE:

1. oNE BLUE BANDANA ........................... FRoM sTREET IN FRONT oF HOUSE 2. oNE TANDY'CORDLESS PHONE ................... FROM FRONT YARD l3. oNE RADIO SHACK Ac ADAPTOR ................. FROM FRONT YARD 4. Two (2) TAN coLoRED NYLON sTocKINGS..~ ..... _.ouTSIDE MAIN ENTRY UNDER BURGLAR DooR 5. oNE 8X10 PHOTOGRAPH ......... ,§ ............. FROM DESK IN FRONT BEDRooM/ oFFIcE 6. Two (2) TAPE LIFTS...................; ..... FROM NORTH coUcH cUsHIoN 7. EIGHT (8) TAPE LIFTS...(ROSSI) ............. FROM cENTER coUcH cUSHION 8. EIGHT (8)'TAPE‘LIFTS...(ROSSI) ............. FROM SoUTH coUcH cUSHIoN 9. oNE PILLow cAsE ....... ' ..................... FROM PILLow oN coUcH 10. oNE HAIR sAMPLE ............................ oN FLooR BY SOUTH SIDE oF 4 QUILT (LovETT) ` 11. oNE HAIR'SAMPLE; ........................... oN FLooR BY EAST SIDE oF ` QUILT lLOvETT) 12. oNE BLUE QUILT .............. ; ..... - ......... -.LIVING RooM FLooR 13. oNE coUcH cUSHIoN ........................... NORTH END oF coUcH 14. oNE coUcH cUsION .................. - ......... cENTER oF coUcH 15. ONE COUCH CUSION ......... . .................. SOUTH END oF CoUcH

E><~Q

_fDETAIL REPORT FoR HARRIS coUNTY ` ` cASE No; 9712142413

F rdAw ENFORCEMENT _ DATE: 01/06/11 TIME:.19 47 ‘ PAGE: 6 SUPPLEMENT NUMBER: 1 _ENTERED BY: HOLTKE,M 0 DATE: 12/23/97 TIME;»02:54 APPROVED BY: MORGAN,DAVID _ DATE: 01/07/98 TIME: 08:51 16. oNE F;RED PROJECTILE ..................... §.N.w. coRNER OF ENCLOSED BACK PATIO. DISPOSITION:

ON 12-22-97 I SUBMITTED THE FOLLOWING ITEMS TO THE MEDICAL EXAMINERS OFFICE FOR ANALYSIS. THE ITEMS WERE RECEIVED BY MS. R. FREEMAN. THE SUBMITTED ITEMS 'WERE EVIDENCE ITEM(S) #1,4,6,7,8,9,10,11,12,13,14, & 15. THE SUBMISSION WAS ASSIGNED M.E. OFFICE LAB # CL97-0677. `

EVIDENCE ITEMS #2,3, & 5 WILL BE PROCESSED FOR LATENT PRINTS. RESULTS WILL BE SUPPLEMENTED UPON COMPLETION. ` -

EVIDENCE ITEM #16 WILL BE SUBMITTED TO`MONTGOMERY COUNTY S¢O. FIREARMS LAB 'TO DETERMINE TYPE OR BRAND OF GUN IT WAS FIRED FROM. SUBMISSION AND RESULTS WILL BE SUPLEMENTED UPON COMPLETION.

END oF REPORT.

DETAIL REPORT FOR HARRIS COUNTY ' CASE NO: 9712142413

,‘ _EAW ENFORCEMENT z DATE: 01/06/11 TIME: 19:47

l ~ PAGEf 7 SUPPLEMENT NUMBER: 2 . ,

ENTERED BY: HOLTKE,M D DATE: 01/07/98 TIME: 10:29

APPROVED BY: MORGAN,DAVID DATE: 01/07/98 TIME: 10:55

M.D. HOLTKE, UNIT 7116 IDENTIFICATION DIVISION CRIME SCENE INVESTIGATIONS

ON 01~07-97, I DEPUTY M.D. HOLTKE PROCESSED THE FOLLOWING EVIDENCE FOR LATENT PRINTS IN REFERENCE TO THE.ABOVE CASE_NUMBER:

2. TANDY CORDLESS PHONE1 3. RADIO SHACK AC ADAPTOR 5. 8X10 PHOTOGRAPH

RESULTS: I WAS ABLE TO RECOVER ONE LATENT LIFT OF POSSIBLE VALUE»FROM ITEM #5 (PHOTOGRAPH). '

THE LATENT LIFT HAS BEEN-SUBMITTED TO A.F.I.S. UNDER THE ABOVE CASE NUMBER. ALL ABOVE ITEMS WILL BE SUBMITTED TO THE PROPERTY ROOM UNDER THE ABOVE CASE NUMBER. '

END OF SUPPLEMENT.

E)¢ ~@

pETAIL REPORT FOR HARRIS_COUNTY cASE NO: 9712142413. 1' ‘EAW ENFORCEMENT DATE: 01/06/11 TIME: 19 47 . vPAGE: 8

SUPPLEMENT NUMBER: 3 ' ENTERED BY: LOVETT,JAMES _DATE: 01/09/98 TIME: 18:24 APPROVED BY: MORGAN,DAVID ' DATE: 01/12/98 TIME: 08:22

J. A. LOVETT, UNIT 7118 _IDENTIFICATION DIVISION CRIME SCENE INVESTIGATION

ON FRIDAY, 01-09-98, I SUBMITTED ONE FIRED PROJECTILE,ITEM #16, TO THE MONTGOMERY COUNTY SHERIFFS DEPARTMENT CRIME LAB FOR ANALYSIS.

THE SUBMISSION EORM IS ATTACHED.

END SUPPLEMENT

‘ 'u 'LAW ENFORCEMENT - DATE: 01/06/11 TIME: 19:47

' v . ' PAGE: 9 SUPPLEMENT NUMBER: 4

ENTERED BY: DoGAN,BARBARA ' DATE: 01/12/98 TIME£ 14 25

APPROVED BY: DURBIN,J H ` ` DATE: 03/24/98 TIME: 10:21

COPY REQUESTED BY LISA KEARNS/GANGS UNIT FOR DET. MARTIN DEAR/FAXED 011298.

EX»Q

" lL'Aw ENFORCEMENT DATE: 01/06/11 TIME: 19:47

` PAGE: 10 SUPPLEMENT NUMBER: 5

ENTERED BY: HOLTKE,M 0 » DATE: 02/13/98 TIME: 04 00

APPROVED BY: MORGAN,DAVID DATE: 02/16/98 TIME: 08:46

M.D.HOLTKE, UNIT 7116 IDENTIFICATION DIvISIoN cRIME SCENE INVESTIGATIONS

** SEE OLO SUPPLEMENT #15 UNDEB CASE #97-12150128 FOR DETAILS ABOUT SHOE IMPRESSION EVIDENCE SUBMITTED TO D.P.S. IN REFERENCE TO THE ABOVE CASE NUMBER.

END OF SUPPLEMENT

051A1u KLEUKI box MAHK15 QUUNTY ' _CASE NO: 9712142413

,LAW ENFORCEMENT DATE: 01/06/11 TIME: 19:47 PAGE: ll SUPP_LEMENT NU'MBER§ 6 - ENTERED.BY: KEEN,THOMAS L v021TE: 02/17/98 T_1ME: 09:10 APPROVED BY: GESSNER,J 21 » DATE: 02/20/98 TIME: 09:35

»1 DETECTIVE T;‘KEEN WAS ASSIGNED THE ROBBERY AT 13,911 CHUCKWOOD. 1 WAS ADVISED THE SEXUAL ASSUALT WOULD BE ASSIGNED TO DETECTIVE D. SHIELDS. 1 RE* VIEWED THE DETAILS,OF THIS REPORT MADE BY DEPUTY D. MURR UNIT 4144.,1;§§§1 SPOKE WITH DETECTIVE W. MOORE AND DETECTIVE D. SHIELDS. 1 WAS ADVISED_ AT

VEHICLE WASM RECOVERED BY H. P. D. UNDER THEIR CASE #160322797 1.DETECT1VE

MOORE ADVISED ME HE H§p CALLED THE H. C. _S O: IDENTIFICAIION DIVISION AND

`"REQUESTED THE vEH`1cLE BE PRQCESSED 213 21 EL_oNY vEHIcLE 1 w21§ ADVI__SED No SUSPECT LEADS wERE oBTAINED FROM T_H_E vEHICLE 211 THE TIME o_F oUR'MEETING

~,. ..,,1,,.,, ,,~...»,

' 1 PROCEEDED TO THE VONGDEUANE RESIDENCE AN MET WITH MR. VONGDEUANE, AND HIS .FAMILY TO DISCUSS THIS ROBBERY. 1 WAS ADVISED ON 12- 14- 97 HE AND HIS WIFE HAD BEEN OUT AND_RETURNED HOME ABOUT 8:20PM WHEN THEY WERE CONFRONTED AT THE FRONT DOOR BY THREE UNKNOWN B/M'S. 1 WAS ADVISED ONE SUSPECT WAS ARMED WITH A HAND GUN AND POINTED THE GUN AT HIM AND FORCED THEM INTO THEIR HOME. 1 WAS ADVISED HIS DAUGHTER WAS WATCHING TV ON THE COUCH IN THE LIVING ROOM. THE SUSPECTS FORCED HIM TO LAY FACE DOWN AND TOOK HIS WIFE TO THIER BEDROOM. MR. VONGDEUANE SAID HIS DAUGHTER WAS ASSUALTED BY TWO OF THE SUSPECTS. 1 WAS

TOLD THE SUSPECTS WHILE IN THEIR HOME THREATENED TO KILL THEM PLACING THEM

IN EXTREAM FEAR‘FOR THEIR LIVES. THE SUSPECTS TOOK ITEMS FROM THEIR HOME AND LEFT. MR. VONGDEAUANE SAID AFTER THE SUSPECTS LEFT HE ATTMEPTED TO SECURE THE FRONT DOOR AND THE SUSPECTS WERE ATTEMPTING TO RE~ENTER HIS HOME. ONE OF THE SUSPECTS FIRED HIS PISTOL WHEN HE CONTINUED TO STRUGGLE AT THE FRONT DOOR. 1 WAS ADVISED HE STOPPED STRUGGLING AND ALLOWED THE SUSPECTS BACK INTO'HIS HOME.

THE SUSPECTS AGAIN ENTERED FORCEING HIM FACE DOWN ON HIS FLOOR. THE SUSPECTS LEFT A SHORT TIME'LATER. 1 WAS ADVISED HE WAS UNSURE IF THEIR WAS 3 OR 4 B/M SUSPECTS WHO ENTERED HIS HOME BECAUSE HE WAS UNABLE TO LOOK AND SEE WHAT THE SUSPECTS WERE DOING FEARING HE WOULD BE KILLED._I WAS ADVISED ONE SUSPECT WAS WITH HIS WIFE IN THE BEDROOM AND TWO SUSPECTS ATTACKED HIS DAUGHTER. 1 WAS TOLD.A SUSPECT THAT MAY HAVE STAYED NEAR THE CAR IN THE DRIVE WAY. '

SEE REPORT FoR PRoPERTY LOSS, sTATEMENT 'OF"':::_TAKEN BY DETECTIVE D. SHIELDS. ' ' y

1 WAS ADVISED BY MR. VONGDEUANE THAT HIS PARENTS LIVE IN THE FRONT OF THE SUBDIVISION AND IN THE_ PAST THEY HAVE SEEN A VEHICLE THAT MAY MATCH THE ' VEHICLE USED 1N THIS ROBBERY OCCUPIED BY 2 OR 3 B/M' S. MR. VONGDEUANE CALLED HIS PARENTS TO HIS HOME AND TRANSLATED FOR ME. 1 WAS UNABLE TO OBTAIN ANY OTHER INFORMATION EXCEPT THEY BELIEVE THE SUSPECTS MAY LIVE IN THE_AREA AND HAD,SEEN THEM MORE THAT ONCE. 1 WAS TOLD THEY ATTEMPTED TO TAKE HIS MOTHERS

pETAIL REPCRT FOR HARRIS COUNTY CASE NO: 9712142413

11121w ENFORCEMENT _ _ DATE: 01/06/11 TIME: -19:47 ‘ PAGE: ‘12 sUPPLEMENT NUMBER': 6 _ ENTERED BY: KEEN,THOMAS L DATE: 02/17/98 TIME: 09:10 APPROVED BY: GESSNER,J 21 DATE: 02/20/98 11ME: 09:35-

`PURSE AS THEY DROVE PAST BUT FAILED TO GET THE PURSE. 1 WAS ADVISED THEY WERE AGAIN CONFRONTED 1N THE HIS FRONT YARD BY THE SAME SUSPECTS WHO DROVE INTO HIS DRIVE-WAY IN AN OLDER MODEL OLDS. 1 WAS ADVISED HIS FATHER REACHED INTO HIS POCKET AS IF HE WAS CARRING A GUN AND THE B/M'S DROVE AWAY. 1 WAS TOLD THEY DO NOT HAVE ANY-LICENSE INFORMATION OR OTHER INFORMATION. ,

1 CONTACTED H.P.D. AND RECIEVED A COPY OF THEIR REPORT 160322797 1. THE _VEHICLE BELIEVED USED IN THIS ROBBERY 15 A LT. BLUE 1985 OLDS 4 DR. RECOVERED ON 12-19-97 1N THE 6000 BLK OF DOWBER. OFFICER HIBERT WITH H.P.D. RECOVERED THE CAR AND FOUND PURSES 1N THE CAR BELONGING TO THE COMPLAINANTS, TAKEN 1N 2 THIS CASE.`THE CAR WAS ABANDONDED, AND OFFICER HIBERT WAS`DISPATCHED TO THE CAR FOR A RECOVERY. THE RECOVERD AUTO WAS NOT REPORTED STOLEN AT THE TIME IT WAS'RECQVERED. THE STEERING COLUMN WAS BUSTED AND INSURANCE'PAPERS WERE FOUND IN THE CAR BELONG TO HINOJOSA REFUGIO AND LUISA GUARIN OF 1001 PINEMONT #27 AND OTHER PAPERWORK LISTED AN ADDRESS OF 11,603 LYNDA. OFFICER HIBERT SAID -HE LOOKED AT THE GLASS FOR PRINTS BUT DID NOT SEE ANY OBVIOUS PRINTS. THE VEHICLE WAS TOWED TO 36 TIDWELL BY WEST SIDE WRECKER #10 PHONE # 713-692-9944.

THE LICENSE TAG`REPORTED ON THE CAR BY OFFICER HIBERT IS LJW79W, SHOULD HAVE BEEN DISPLAYED ON A 1985 DODGE 2 DR OWNER DANIEL B. TOSTADO, 655 E. CASTLE _HARBOR, FRIENDSWOOD TX. REMARKS SHO SURRENDERED BY SALVAGE YARD 4-12~95.

THE COMPLAINANTS HAVE BEEN UNABLE TO IDENTIFY ANY SUSPECTS TO DATE.

CASE SUSPENDED:'

Q§TAlL REPORT FOR HARRIS COUNTY CASE NO: 9712142413

LAw ENFORCEMENT _ DATE: 01/06/11 TIME: 19:47 ’ PAGE:. 13 SUPPLEMENT NUMBER; 7 , ENTERED BY: SCHIELD,DEBRA ~ DATE: 03/04/98 - TIME: 10:52

APPROVED BY? DURBIN,J H j DATE: 03/24/98 TIME: 10222

SEXUAL ASSAULT INVESTIGATION

l~k**********~k**~k***~k*~k*~k*~k***

ON THIS DATE, MONDAY, DECEMBER 15, 1997,-1, DETECTIVE D. SCHIELD, WHILE ASSIGNED TO THE SEX CRIMES UNIT RECEIVED THIS CASE FOR REVIEW. ACCORDING `TO THE OFFENSE REPORT THE COMPLAINANT WAS SEXUALLY ASSAULTED BY 2 UNKNOWN _BLACK MALE SUSPECTS DURING A HOME INVASION AT HER PARENT' S RESIDENCE. I DISCUSSED THIS CASE WITH DETECTIVE B. MOORE AND ADVISED HIM THAT I WOULD OBTAIN THE COMPLAINANT STATEMENT DETAILING THE SEXUAL ASSAULT AND ALSO HER MEDICAL RECORDS AND THE LAB REPORT FROM THE MEDICAL EXAMINER' S OFFICE DOCUMENTING THE SEXUAL ASSAULT KIT RESULTS.

ON TUESDAY, DECEMBER 16, 1998, 1 ATTEMPTED TO cONTAcT“';m BY TELEPHONE AND .S'PoKE`-wITH HER. FATHE_R, MR. vONG. I TOLD*- -. ONG T "~"onLD NEED To MEET wITH_ AND OBTAIN A W_RITTEN sTATEMENT. AN APPOINTMENT wAS sc'HEDULED FOR 10: OOAM oN wEDNESDAY, DECEMBER 17, 1998. I TOLD MR. vONG THAT 1 wOULD MEET. _AT THEIR RESIDENCE .ON

CHUCKWOOD. "'*~

DUE TO A SCHEDULE CONFLICT I AGAIN CONTACTED MR. VONG LATER ON THAT DATE AND

RESCHEDULED THE TIME To MEET _ UNTIL 2;30PM oN DECEMBER 17, 1997. ~-_ ..

PROGRESS REPORT:

.}ON WEDNESDAY, DECEMBER 17, 1997 AT 2:3OPM I MET WITH¥ AT HER RESIDENCE AT 13911 CHUCKWOOD, HOUSTON, TEXAS. ` SPOKE WITH ME PRIVATELY ABOUT THIS CASE AND I DID OBTAIN.A WRITTENT STATEMENT

FROM HER DETAILING THE SEXUAL ASSAULT. THE WRITTEN STATEMENT WILL BE PLACED WITH THE CASE FILE AS PART OF THE PERMANENT RECORDS.

“Y TOLD ME THAT ON SUNDAY, DECEMBER 14, 1997, SHE WAS AT HOME ASLEEP ON THE COUCH. SHE SAID THAT AT ABOUT 8:OOPM SHE WAS AWAKENED BY HER PARENTS COMING IN, THEY WERE LOUD. SHE SAID WHEN SHE OPENED HER EYES SHE SAW 2 BLACK MALES WITH HER MOM AND HER INITIAL THOUGHT WAS THAT THEY_WERE WITH HER PARENTS. SHE SAID RIGHT WHEN SHE OPENED HER EYES ONE OF THE BLACK MALES HIT HER IN THE HEAD WITH HIS HAND. SHE SAID HE_MADE HER COVER HER. FACE WITH HER HANDS AND HE BEGAN TOUCHING HER AND TRYING TO PULL DOWN HER. PANTS. SHE SAID HE MADE HER PULL.HER PANTS DOWN AND THEN HE PENETRATED'HER VAGINA WITH HIS FINGERS. SHE SAID HE THEN TOLD HER TO GET ON THE FLOOR AND

"SHE DID AT WHICH TIME HE TOOK OFF HIS PANTS AND'HAD SEXUAL INTERCOURSE WITH

€><~_O ’

3 LAW ENFORCEMENT DATE: 01/06/11 TIME: 19:47 ` PAGE: 141 SUPPLEMENT NUMBER: 7 . ' ' ENTERED BY: SCHIELD,DEBRA DATE: 03/04/98 TIME: 10:52 APPROVED BY: DURBIN,J H DATE: 03/24/98 TIME: 10:22

H_ER. sHE sAID AFTER HE HAD SEXUAL INTERCOURSE w11H HER HE MADE HER 511 09 AND HE P01 HIS PENIS 1N HER MOUTH AND MADE HER PERFORM 0RAL SEX 0N H1M. sHE ' sAID AFTER 111A1 HE MADE HER LAY BACK DOWN 0N HER BAcK AND HE P01 A P_ILLow ovER HER FACE. -SHE SA1D HE THEN AGAIN HAD sEXUAL INTERCOURSE w11H HER'.

SHE 'sA1D SHE WAS BEGGING HIM "PLEASE DON'T 00 THIS" 1301 HE 10LD HER HE onLD 50001 HER 1F SHE 010 1101 KEEP QUIET. _ SAID APPARENTLY THERE wERE A1 LEAST 2 01HER GUYS _THERE BECAUSE sHE HEARD THEM ASKING HER PA_RENTS FOR MONEY. sHE SAID THEY HAD TAKEN HER'MOTHER 10 ANOTHE`R R00M 1301 HE‘R DAD wAs MADE 10 P01 HIS HEAD 0N THE coUcH AND wAs THERE DURING THE sEquL ASSAULT. SHE SAID THE MALE HOLDING HER DAD DOWN ASKED 0NE 01 THE 01HER MALES 11 HE sHoULD 50001 011 K1L1, HIM.

SA1D AFTER THE FIRS1 MALE SEXUALLY ASSAULTED HER' HE sTEPPED AWAY AND ONE 0F THE 01HER MALES cAME OVER. SHE SAID THE P1LL0w wAs 3111,L 0N HER FACE. SHE sAID HE PENETRATED HER vAGINA wITH HIS PENIS AND HAD SEXUAL INTERC.OURSE wITH HER. SHE SAID AFTER HE wAs THROUGH .HE 001 .0P AND THE FIRST MALE HAD SEXUAL-1N1ER000RSE W11H HER AGAIN. sHE sAID A1 1H1S 11ME THE sEcOND MALE MADE HER PERFORM oRAL INTERCOURSE 0N HIM wHILE THE FIRST MALE wAS _HAVING SEX wITH HER. SHEl sAID,THEY 3010 STOPPED.AT ABOUT 1HE sAME 11ME. _SAID SHE 010 N01 EVER SEE THE THIRD MALE AND JUST LAID THER'E w11H THE PILLOW AND`HER HANDS ovER HER FACE 0N11L SHE HEARD THEM LEAVE _SAID 1HA1 AFTER THEY LEFT HER DAD G01 0P AND RAN 001 10 TRY AND GE1 A LICENSE PLATE NUMBER. SHE sAID HER MOTHER cAME 001 0F THE BEDROOM cRYING AND SCREAMING. w_ SAID SHE wENT 1N10 HER R00M AND cHANGED cLoTHES AND wH1LE` SHE wAs cHANGING SHE HEARD THE MALES cOMING BACK 1N THROUGH THE FR0N1 DOOR. SHE sAID HER DAD wAS 1RY1NG 10"1101,0 THE DOOR cL-OSED 1301 THEY WERE KICKING THE DOOR. SHE SAID SHE HEARD A 00NSH01 AND THEN THE MALES wERE BACK 1N THE HOUSE ASKING FOR KEYS 10 THE - vEHICLE. - SHE SA1D HER PARENTS KEPT TELLINQ THE MEN THAT THEY ALREADY HAD 1AKEN THE KEYS AND FINALLY THE MALES LEFT - SAID 1HA1 wHEN 1013 MALES LEFT AGAIN SHE cAME 001 01 HER R00M AND HER DAD 10LD HER 10 cALL THE POLICE.

». SAID' SHE WAS A_BLE TO SEE THE FIRST SUSPECT AN'D DESCRIBED HIM AS A YOUNG BLAc-K MALE,l DARK-sKmNED AND_ KIND 01 1AL1. AND HE wAs SKINNY. sHE SAID HE 15 THE _ONE THAT TOLD HER HE HAD A GUN. _ SAID SHE 010 N01 SEE THE SECOND MALE THAT ASSAULTED HER vERY WELL BECAUSE THE PILLow wAS 0N HER FACE. SHE SAID THE 1H1RD MALE THAT wAS w11H HER MOTHER HAD wORN A SK1 MASK AND EVEN MADE A coMMENT 10 THE 01HER 110 THAT THEY wERE THERE FOR THE MONEY, N01 THAT (MEANING THE ASSAULT).

AFTER QBTAINING THE sTATEMENT FROM *1 10LD HER THAT 1 onLD

NEED 10 0131A1N HER MED1CAL RECORDS FROM 1H1S 1NCIDEN1. _

,DETAIL REPORT FOR HARRIS COUNTY CASE NO: 9712142413

,LAW ENFORCEMENT DATE: 01/06/11 TIME: 19:47 ` PAGE: 15 SUPPLEMENT NUMBER: 7 ENTERED BY: SCHIELD,DEBRA DATE: 03/04/98 TIME: 10152

APPROVED BY? DURBIN/J H ` . DATE: 03/24/98 TIME: 10122

AND HER FATHER, PHILLIP VONG/ BOTH SIGNED A RELEASE FORM SO THAT I COULD7 OBTAIN THE MEDICAL RECORDS FROM HOUSTON NORTHWEST MEDICAL CENTER HOSPITAL.

I FAXED THE REQUBST TO THE RELEASE OF MEDICAL RECORDS SECTION OF HOUSTON NORTHWEST MEDICAL CENTER HOSPITAL[ I ALSO FAXED A REQUEST TO THE MEDICAL »EXAMINER'S OFFICE FOR THE RESULTS OF THE SEXUAL ASSAULT KIT WHEN COMPLETED.

`PROGRESS REPORT;

ON DECEMBER 18,7997,1 CONTACTED THE MEDICAL RECORDS DIVISION OF HOUSTON NORTHWEST MEDICAL CENTER HOSPITAL AND WAS TOLD THE RECORDS WOULD BE AVAILABLE ON FRIDAY, DECEMBER 19,1997.

ON'DECEMBER 19, 1997, I PICKED UP THE MEDICAL RECORDS'FROM HOUSTON NORTHWEST MEDICAL CENTER HOSPITAL¢ THESE RECORDS WILL BE PLACED WITH THE CASE FILE AS PART OF THE PERMANENT RECORD.

ON MONDAY, JANUARY 5,1998, I RECEIVED A FAXED COPY OF THE SEXUAL ASSAULT KIT RESULTS FROM THE MEDICAL EXAMINER'S OFFICER. RESULTS AS FOLLOWS:

LABORATORY NUMBER: CL97 0677 COMPLAINANT:

1TEMS SUBMITTED:

BLOOD SAMPLE (VICTIM) VAGINAL SWABS- VAGINAL SMEARS

ORAL SWABS

ORAL SMEARS

ANAL SWABS

ANAL SMEARS

NASAL SAMPLE

PULLED HEAD HAIR LOOSE HEAD HAIR PULLED PUBIC HAIR_ R/L FINGERNAIL SCRAPINGS LOOSE EVIDENCE #l LOOSE EVIDENCE #2 CATHETER

|._\ .O\O'OZ)\]O`\UT»|>L)J|\)}_‘

FJH+JPJH U1¢c»m)w

E>

Dl113"1A11..' REBUK.L' 1101< HAKR.Lb LlUUNl'! CASE NU: 9’/1Z_1_4Z4.L§

LAW ENFORCEMENT DATE: 01/06/11 TIME: 19:47 ` PAGE: 16 SUPPLEMENT NUMBER: 7 ENTERED BY: SCHIELD,DEBRA DATE: 03/04/98. TIME: 10:52

APPROVED BY: DURBIN,J H ' DATE: 03/24/98 TIME: 10:22

16. LABIA SWABS .

17. WHITE T- SHIRT

18. DENIM SHORTS

19. LIGHT PINK/WHITE BRA 20.` BLACK PANTIES

21. GRAY HOODED SWEAT JACKET

SEMINAL STAINS WERE NOT DETECTED ON ITEMS 2,4,15,17 AND 19~21.

SEMEN WAS NOT DETECTED ON ITEMS 6, 16 AND 18. SPERMATOZOA WERE NOT DETECTED ON ITEMS 3, 5, 7 AND 16. BLOOD WAS DETECTED ON ITEMS 2 AND 15, BY PRESUMPTIVE TESTING.

LAB REPORT SIGNED BY KATHERINE KOHL, M.S., DNA'ANALYST II AND ROBIN'FREEMAN, M.S., DNA,ANALYST II.

A COPY OF THE LABORATORY REPORT CL97- 0677 WILL BE PLACED WITH THE CASE FILE AS PART OF THE PERMANENT RECORD.

END 01 SUPPLEMENT - RECORDS 10 'CASE F1LE 1NCLUDE: cOMPLAINANT STATEMENT

MEDICAL RECORDS SEXUAL ASSAULT KIT RESULTS/CL97-0677

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‘dAW ENFORCEMENT ` DATE: 01/06/11 TIME: 19 47 PAGE: 17 SUPPLEMENT NUMBER: 8 ,; ENTERED BY: SCHIELD,DEBRA DATE: 03/04/98 11ME: 11:21 APPROVED BY: DURBIN,J H DATE: 03/24/98 11ME: 10 22

PROGRESS`REPORT;

ON MONDAY, MARCH 23.1998, I WAS-CONTACTED BY A.D;A. JANE WATERS AND SHE REQUESTED A COPY OF THE MEDICAL RECORDS IN THIS CASE.

VON TUESDAY, MARCH-3, 1998, I FAXED A COPY OF THE MEDICAL RECORDS, LABORATORY REPORT CL97-0677 AND THE COMPLAINANT STATEMENT TO A.D.A. WATERS AT (713)755-7752. 3

Q" @'/

DETAIL`REPORT FOR HARRIS COUNTY 7 CASE NO: 9712142413

,LAW ENFORCEMENT DATE: 01/06/11 TIME: 19:47 ` PAGE: 18 SUPPLEMENT NUMBER:' 9 ENTERED BY: COLE,FOREST A DATE: 04/01/98 TIME: 13:44

APPROVED BY: MORGAN,DAVID DATE: 04/01/98 TIME; 14107

FOREST COLE, DEPUTY IDENTIFICATION DIVISION

CASE# 9712142413 ON 4~1-98 I, DEPUTY FOREST COLE UNIT# 7162 OF THE IDENTIFICATION

DIVISION, COMPLETED COMPARISONS OF THE LATENTS IN THIS CASE WITH THE FINGERPRINTS ON FILE FOR THE BELOW LISTED PERSONS: -

1) HINES, JOSEPH B/M DOB 3-26-81 SO# 776265 JUV# J0211977 2) ROGERS, MANDEL B/M DOB 12~6-79 SO# 871533 SPN# 1635296 3) WILLIAMS, TELLAS B/M DOB 5-31-79 SO# 742736 JUV# J020519O 4) MARTIN, LACHRISTOPHER B/M DOB 8-25-77 SO# 785321 SPN# 1574475 5) FORD, MICHAEL B/M DOB 11-27-77 SO# 745036 SPN# 1523767

PALM PRINTS WERE ALSO AVAILABLE FOR 2) ROGERS, MANDEL, SO# 871533.

I COMPARED THE LATENTS IN THIS CASE WITH THE ABOVE FINGERPRINTS AND AVAILABLE PALM PRINTS WITH NEGATIVE RESULTS.

ADDITIONAL PALM PRINTS OF THE ABOVE PERSONS ARE NEEDED IN ORDER TO COMPLETE COMPARISONS OF LATENTS NOT IDENTIFIED.

THE LATENTS WERE NOT OF SUFFICIENT QUALITY FOR AN A.F.I.S. SEARCH. THE LATENTS WILL BE FORWARDED TO LATENT ARCHIVES. THE FINGERFRINT CARDS

WILL BE RETURNED TO FILE IN.THE IDENTIFICATION DIVISION. THE PALM PRINTS WILL BE PLACED ON FILE IN THE IDENTIFICATION DIVISION;

E`><-@

DETAIL BEPORT FOR HARRIS COUNTY CASE NO: 9712142413 y ,LAW ENFORCEMENT ' DATE: 01/06/11 TIME: 19:47 ` ' PAGE: 19

SUPPLEMENT NUMBER: 10 “ » ENTERED BY: KEEN,THOMAS L DATE: 08/13/98 TIME§ 11200 APPROVED BY:» DATE: TIME:

ON 8-11~98 1 RECIEVED A PHONE CALL FROM D.A. INVESTIGATOR B. BARRINGER WHO ADVISED ME DUE TO THE DETAILS IN THE MASTER CASE 9712150128 THE SUSPECTS DNA WAS COMPAIRED TO EVIDENCE COLLECTED IN THIS CASE. 1 WAS ADVISED THE DNA FROM THE SUSPECT JOSEPH HINES SO#'706265 DNA WAS IDENTIFIED AS THE SUSPECT _'IN THE SEXUAL ASSUALT IN THIS HOME INVASION.

INVESTIGATOR BARRINGER REQUESTED THE HCSO IDENTIFICATION DIVISION COMPAIR THE LATENT PRINTS RECOVERED AT THE SCENE TO THE PRINTS OF JOSEPH HINES B/M 3-26-81 AND MANDELL ROGERS B/M 12-6-79.

ON 8-11-98 I'CALLED THE LATENT PRINT SECTION OF THE HCSO IDENTIFICAITON AND SPOKE WITH`DEPUTY KROUSE. I REQUESTED THE LATENT PRINTS RECOVERED IN THIS CASE AND IN MASTER CASE 9712150128 BE COMPAIRED TO THE SUSPECTS ARRESTED AND CHARGED IN THE MASTER CASE. I REQUESTD TO BE CONTACTED AFTER THE PRINTS vARE COMPAIRED§ ~

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SUPPLEMENT NUMBER: 11 _ _ ENTERED BY: HOLTKE,M D DATE: 08/14/98_ TIME: 03:21 APPROVED BY:`MORGAN,DAVID 11 DATE: 08/14/98 TIME: O7i37

_ M.D. Holtke, Unit 7116 Identification Division Crime Scene Investigations

On 08-13-98, I Deputy M.D. Holtke received a from David Tanner, Firearms Examiner, Montgomery County Sheriff's Dept., the results from the requested examination of the projectile recovered in reference to the above case number. The_results from Tanner read as follows:

"Examination revealed that the bullet weighed 157.5 grains. It is believed that the bullet was fired in either a .357 Magnum or .38 Spl. revolver.

The make-of weapon from which the bullet was fired was not able to be determined."

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SUPPLEMENT NUMBER: 12 l _ v ENTERED BY: KEEN,THOMAS L DATE: 09/10/98 TIME: 07:59 APPROVED BY: b DATE: . TIME:

ON 9-3-98 I RECIEVED A REQUEST FROM A.D.A. JANE WATERS IN THE 18OTH DC WHO ADVISED ME TO FILE THE CHARGE OF AGGRAVATED ROBBERY AND AGGRAVATED RAPE IN THIS CASE. THE D. N. A. LAB REPORT IDENTIFED JOSEPH HINES AS THE SUSPECT IN

THE AGGRAVATED RAPE DURING THIS HOME INVASION ROBBERY.

I CALLED THE HARRIS JUVENILE D.A. INTAKE DIVISION AND SPOKE WITH A.D.A. E. GODWIN'AND DISCUSSED THE DETAILS OF THIS INVESTIGATION.'I WAS ADVISED TO FILE THIS CASE IN JOTS.

1 FILED ON THE DEFENDANT FOR AGGRAVATED ROBBERY/AGGRAVATED RAPE: DEFENDANT? HINES, JOSEPH BARNARD B/M 3-26-81 CHARGE: AGGRAVATED ROBBERY/AGGRAVATED RAPE

J01s: 028120 sPN#01648093 Hcso# 776265

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'1;Aw ENFORCEMEM ‘DATE: 01/06/11 11ME: 19:47 ` PAGE: 22

SUPPLEMENT NUMBER: 13 ENTERED BY: DAVIS,STEVE ' DATE: 01/22/99 TIME: 08:56 APPROVED BY: MORGAN,DAVID DATE: 01/22/99 TIME: 09:19

S§A. DAVIS, UNIT 7119 IDENTIFICATION DIVISION

ON FRIDAY, JANUARY 22, 1999, I DEPUTY S.A. DAVIS, UNIT 7119 RECEIVED THE FOLLOWING ITEM FROM OFFICER D. TANNER, OF THE MONTGOMERY COUNTY SHERIFF'S

DEPARTMENT FIREARMS LABORATORY. ITEM 16 ---- ONE (1) FIRED PROJECTILE.

THE ABOVE ITEM WILL BE STORED IN THE HARRIS COUNTY PROPERTY ROOM UNDER CASE NUMBER 9712142413.

END OF REPORT

bthlL amyoaw box haxals COUNTY CASE NO: 9712142413 ¢LAW ENFORCEMENT DATE: Ol/O€/ll TIME: 19:47 PAGE: 23

SUPPLEMENT NUMBER: 14 _ ENTERED BY: HAMPTON,L C DATE: 07/06/99 TIME: 09:12 APPROVED BY: l 7 DATE: TIME:.

D.A. BUDDY BARRINGER called and requested this report.

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