£ II -f$ RECEIVED IN COURT OF CRIMINAL APPEALS NO. PD-0616-15
CRIGN IN THE
COURT OF CRIMINAL APPEALS
IN AUSTIN TEXAS Abel Acosta, Clerk
MELVIN LEE SANDERS, III PETITIONER
Vs.
THE STATE OF TEXAS RESPONDANT
PETITIONER'S MOTION FOR REHEARING
On rehearing from a refusal of the Court of Criminal Aimea-Ls irln TfLtU IfM No. PD-0616-15 on October 7, 2015, COURT OF CRIMINAL APPEALS
Abel Acosta, Clerk
Melvin Lee Sanders, III
#01931978-Coffield
2661 FM 2054
Tenn.Colony, Tx. 75884
Pro se. NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V. § APPEALS AT AUSTIN, TEXAS. § THE STATE OF TEXAS §
MOTION FOR REHEARING
COMES NOW, Melvin Lee Sanders, #01931978, Petitioner in the
above -styled and -numbered cause and files his motion for Re
hearing, and shows this Honorable Court GOOD CAUSE to GRANT re hearing as follows:
THE 10th COURT OF APPEALS' DECISION
The 10th District Court of Appeals ultimately denied relief because (1) Ms. Grant's affidavit (a juror who sat on the Peti tioner's trial) failed to name the juror who made the statement "He's going to jail anyways," while they were deliberating. (2) There was no indication in the record that the motion for a new
trial was presented to the trial court. (3) There was no hearing: set or held to adduce facts not in the record to expand on Juror Grant's affidavit, being the result of a motion for new trial not presented to the trial court. And, (4) There is no evidence
on the record to indicate the trial court's instruction did not
cure any prejudice associated with the witness' non-responsive, answers. See Memorandum Opinion *7.
PETITIONER'S ARGUMENT
The Petitioner argues and presents his motion for new trial
to this Honorable Court, filed on July 7, 2014. See Appendix A affixed. This motion was presented to the trial court. Additions Sanders v. State Page 1 MOTION FOR REHEARING
ally, it was the duty of the trial court to order for a hearing
to expand Ms. Grant's affidavit. Further, if the trial court
would have ordered for a hearing, Ms. Grant would have provided
Specific facts, names (if known), and any other relevant facts that will support Petitioner's motion for new trial.
Axiomly, there is no legitimate reason the 10th Court'of
Appeals would completely egnore the fact that the Petitioner has
filed a motion.for new trial. See Appendix A affixed. Therefore,
there is a substantial amount of evidence, simply by the pre
sentation of the Petitioner's Appendix A alone, in order to
constitute for this Honorable court to rehear this case at hand.
Secondly, the 10th District Court of Appeals concluded that
there is "no evidence on the record to indictate the trial ?.:v."
court's instruction did not cure any prejudice associated with
the witness' non-responsive answers." See Memorandum Opinion *7.
Truly, the jury did not regard any type of instructions from
the trial judge at all because Ms. Grant revealed that the entire
deliberation was over the Petitioner's extraneous and pending offense-s—concluding that "He's going to jail anyways," even if they found him not guilty. Additionally, discussed the fact that
one of the juror's was a victim of Sexual Abuse. The jury did not follow the instructions and the jury did not come to an unanimous
verdict based on the evidence at trial—dening Petitioner's pre sumption of innocence. Instead, the jury came to a conclusion of
guilty based on one juror's past sexual abuse history.(that was
Sanders v. State Page 2 MOTION FOR REHEARING
concealed from the entire tribunal with the rest of the parties),
and the Petitioner's pending charge(s).. Finally, the Petitioner implores this Honorable Court to
grant rehearing becuase of the overwhelming amount of evidence that cannot be overlooked. See Appendix A affixed.
PRAYER FOR RELIEF
The Petitioner prays that this Honorable Court will GRANT
rehearing and request for briefs on the merits, or as rendered
by this Honorable Court.
Me^^CfoA%>Ozv>TIC Melvin Lee Sanders III #01931978-Coffield 26611FM 2054 Tenn.Colony, Tx. 75884 Pro se.
INMATE DECLARATION
I, Melvin Sanders, III, #01931978, being incarcerated in the
TDCJ-CID Coffield unit in Anderson County,.declares that the ::
foregoing is true and correct under the penalty of perjury. Exe cuted this day of November 19, 2015.
Melvin LeeSandersIII #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
PR00FF0F MAILING
I, Melvin Sanders, III, #01931978, have placed this motion for rehearing in the internal mailing system of the Coffield unit Sanders v. State Page 3 MOTION FOR REHEARING
on November 19, 2015. This is true and correct under the penalty of perjury. Executed this day of: November 19, ,2015. ,£015. ^
Melvin Sanders III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
Sanders v. State Page 4 NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V. § § THE STATE OF TEXAS. § APPEALS AT AUSTIN, TEXAS.
CERTIFICATION OF GOOD FAITH
I, Melvin Lee Sanders, III, #01931978, Petitioner certifies
that this motion for rehearing is substantially grounded, and
done in good faith and not for any form of delay. See T.R.A.P. 73.2(c). This is true and correct under the penalty of perjury.
Executed this day of November 19,,2015.
Main dye 0rx/ne(giairr Melvin Lee Sanders,III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
CERTIFICATION PAGE IN SANDERS v. STATE. CLERK of the Court of Criminal Appeals at Austin P.O. 12308, Capitol Station Austin, Tx. 78711 Nov. 19, 2015
RE: Sanders v. State, No. PD-0616-15
Dear Clerk of the Court,
Enclosed is a copy of the motion for rehearing that is due on November 23, 2015, as ordered. Enclosed also is a motion to file a single copy, please provide all parties with a copy of this motion for rehearing.
Thank you for all your help and time within this matter!
Respectfully,
Melvin Lee Sanders III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
Cc: file, NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V- § § THE STATE: OF TEXAS. § APPEALS IN AUSTIN, TEXAS
MOTION TO FILE A SINGLE COPY
COMES NOW, Melvin Lee Zanders;. Ill, #01931978, Petitioner in the above -styled and -numbered cause and files his motion for a single copy, and shows this Honorable Court GOOD CAUSE to GRANT this motion as follows:
1' The Petitioner is incarcerated in the TDCJ-CID Coffield
unit in Anderson County, and is indigent. 2* The Petitioner does not have counsel for his help in or-, der to fulfill the required copies.
3* The Coffield unit does not allow for inmates to have
access to a copying machine in order to provide this Honorable
Court the required copies.
4* The Petitioner requests for this Honorable Court to
order the clerk of the court to make and provide the necessary parties with the required documents at hand, and without penalty. PRAYER FOR RELIEF
this motion and Order the Clerk of the Court to make and provide all parties with the motion for rehearing. / r,
Melvin Lee Sanders, III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
page 1 INMATE DECLARATION
I, Melvin Lee Sanders, III, #01931978, Petitioner is incar
Free access — add to your briefcase to read the full text and ask questions with AI
£ II -f$ RECEIVED IN COURT OF CRIMINAL APPEALS NO. PD-0616-15
CRIGN IN THE
COURT OF CRIMINAL APPEALS
IN AUSTIN TEXAS Abel Acosta, Clerk
MELVIN LEE SANDERS, III PETITIONER
Vs.
THE STATE OF TEXAS RESPONDANT
PETITIONER'S MOTION FOR REHEARING
On rehearing from a refusal of the Court of Criminal Aimea-Ls irln TfLtU IfM No. PD-0616-15 on October 7, 2015, COURT OF CRIMINAL APPEALS
Abel Acosta, Clerk
Melvin Lee Sanders, III
#01931978-Coffield
2661 FM 2054
Tenn.Colony, Tx. 75884
Pro se. NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V. § APPEALS AT AUSTIN, TEXAS. § THE STATE OF TEXAS §
MOTION FOR REHEARING
COMES NOW, Melvin Lee Sanders, #01931978, Petitioner in the
above -styled and -numbered cause and files his motion for Re
hearing, and shows this Honorable Court GOOD CAUSE to GRANT re hearing as follows:
THE 10th COURT OF APPEALS' DECISION
The 10th District Court of Appeals ultimately denied relief because (1) Ms. Grant's affidavit (a juror who sat on the Peti tioner's trial) failed to name the juror who made the statement "He's going to jail anyways," while they were deliberating. (2) There was no indication in the record that the motion for a new
trial was presented to the trial court. (3) There was no hearing: set or held to adduce facts not in the record to expand on Juror Grant's affidavit, being the result of a motion for new trial not presented to the trial court. And, (4) There is no evidence
on the record to indicate the trial court's instruction did not
cure any prejudice associated with the witness' non-responsive, answers. See Memorandum Opinion *7.
PETITIONER'S ARGUMENT
The Petitioner argues and presents his motion for new trial
to this Honorable Court, filed on July 7, 2014. See Appendix A affixed. This motion was presented to the trial court. Additions Sanders v. State Page 1 MOTION FOR REHEARING
ally, it was the duty of the trial court to order for a hearing
to expand Ms. Grant's affidavit. Further, if the trial court
would have ordered for a hearing, Ms. Grant would have provided
Specific facts, names (if known), and any other relevant facts that will support Petitioner's motion for new trial.
Axiomly, there is no legitimate reason the 10th Court'of
Appeals would completely egnore the fact that the Petitioner has
filed a motion.for new trial. See Appendix A affixed. Therefore,
there is a substantial amount of evidence, simply by the pre
sentation of the Petitioner's Appendix A alone, in order to
constitute for this Honorable court to rehear this case at hand.
Secondly, the 10th District Court of Appeals concluded that
there is "no evidence on the record to indictate the trial ?.:v."
court's instruction did not cure any prejudice associated with
the witness' non-responsive answers." See Memorandum Opinion *7.
Truly, the jury did not regard any type of instructions from
the trial judge at all because Ms. Grant revealed that the entire
deliberation was over the Petitioner's extraneous and pending offense-s—concluding that "He's going to jail anyways," even if they found him not guilty. Additionally, discussed the fact that
one of the juror's was a victim of Sexual Abuse. The jury did not follow the instructions and the jury did not come to an unanimous
verdict based on the evidence at trial—dening Petitioner's pre sumption of innocence. Instead, the jury came to a conclusion of
guilty based on one juror's past sexual abuse history.(that was
Sanders v. State Page 2 MOTION FOR REHEARING
concealed from the entire tribunal with the rest of the parties),
and the Petitioner's pending charge(s).. Finally, the Petitioner implores this Honorable Court to
grant rehearing becuase of the overwhelming amount of evidence that cannot be overlooked. See Appendix A affixed.
PRAYER FOR RELIEF
The Petitioner prays that this Honorable Court will GRANT
rehearing and request for briefs on the merits, or as rendered
by this Honorable Court.
Me^^CfoA%>Ozv>TIC Melvin Lee Sanders III #01931978-Coffield 26611FM 2054 Tenn.Colony, Tx. 75884 Pro se.
INMATE DECLARATION
I, Melvin Sanders, III, #01931978, being incarcerated in the
TDCJ-CID Coffield unit in Anderson County,.declares that the ::
foregoing is true and correct under the penalty of perjury. Exe cuted this day of November 19, 2015.
Melvin LeeSandersIII #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
PR00FF0F MAILING
I, Melvin Sanders, III, #01931978, have placed this motion for rehearing in the internal mailing system of the Coffield unit Sanders v. State Page 3 MOTION FOR REHEARING
on November 19, 2015. This is true and correct under the penalty of perjury. Executed this day of: November 19, ,2015. ,£015. ^
Melvin Sanders III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
Sanders v. State Page 4 NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V. § § THE STATE OF TEXAS. § APPEALS AT AUSTIN, TEXAS.
CERTIFICATION OF GOOD FAITH
I, Melvin Lee Sanders, III, #01931978, Petitioner certifies
that this motion for rehearing is substantially grounded, and
done in good faith and not for any form of delay. See T.R.A.P. 73.2(c). This is true and correct under the penalty of perjury.
Executed this day of November 19,,2015.
Main dye 0rx/ne(giairr Melvin Lee Sanders,III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
CERTIFICATION PAGE IN SANDERS v. STATE. CLERK of the Court of Criminal Appeals at Austin P.O. 12308, Capitol Station Austin, Tx. 78711 Nov. 19, 2015
RE: Sanders v. State, No. PD-0616-15
Dear Clerk of the Court,
Enclosed is a copy of the motion for rehearing that is due on November 23, 2015, as ordered. Enclosed also is a motion to file a single copy, please provide all parties with a copy of this motion for rehearing.
Thank you for all your help and time within this matter!
Respectfully,
Melvin Lee Sanders III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
Cc: file, NO. PD-0616-15
MELVIN LEE SANDERS, III § IN THE COURT OF CRIMINAL § V- § § THE STATE: OF TEXAS. § APPEALS IN AUSTIN, TEXAS
MOTION TO FILE A SINGLE COPY
COMES NOW, Melvin Lee Zanders;. Ill, #01931978, Petitioner in the above -styled and -numbered cause and files his motion for a single copy, and shows this Honorable Court GOOD CAUSE to GRANT this motion as follows:
1' The Petitioner is incarcerated in the TDCJ-CID Coffield
unit in Anderson County, and is indigent. 2* The Petitioner does not have counsel for his help in or-, der to fulfill the required copies.
3* The Coffield unit does not allow for inmates to have
access to a copying machine in order to provide this Honorable
Court the required copies.
4* The Petitioner requests for this Honorable Court to
order the clerk of the court to make and provide the necessary parties with the required documents at hand, and without penalty. PRAYER FOR RELIEF
this motion and Order the Clerk of the Court to make and provide all parties with the motion for rehearing. / r,
Melvin Lee Sanders, III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
page 1 INMATE DECLARATION
I, Melvin Lee Sanders, III, #01931978, Petitioner is incar
cerated in:the TDCJ-CID Coffield unit in Anderson County, Texas, declares that the foregoing is true and correct under the penalty of perjury. Executed this day of November 19, 2X315
tflJuvfl dtp cnr^a Melvin Lee Sanders, III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
PROOF OF MAILING
I, Melvin Lee Sanders, III, #01931978, have placed this
motion for a single copy into the internal mailing system of
the Coffield unit in Anderson County, on November 19, 2015. This
is true and correct under.the penalty of perjury. Executed this day of November 19, ,2015.
Melvin Lee Sanders, III #01931978-Coffield 2661 FM 2054 Tenn.Colony, Tx. 75884 Pro se.
page 2 of 2 NO. PD-0616-15
IN THE
IN AUSTIN TEXAS
APPENDIX A
PETITIONER'S MOTION FOR NEW TRIAL
FILED ON JULY 7, 2014
On rehearing from a refusal of the Court of Criminal Appeals in
No. PD-0616-15 on October 7, 2015.
#01921978-Coffield
Pro se. CAUSE NO. F47748 < ^ S C3 - -
THE STATE OF TEXAS § IN THE DISTRICT^UR^FOFJ VS. § JOHNSON COUNJlXTE^AS MELVIN LEE SANDERS, III § ^8TH JUDICALrtHSTOTCTi; MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
Melvin Lee Sanders, HI, Defendant, moves this Court to set aside the verdictand
sentence rendered onthe 10th day of June, 2014, in the above-styled and -numbered cause and to
order a new trial, and in support thereof shows:
1. The judgement of Conviction by Jury is contrary to the law and the evidence.
2. There was juror misconduct during deliberations on guilt/innocence, at least one
jurcr stated the Defendant was going toprison anyway because of the warrants testified to by he
s's--"' prosecution witnesses. ' 3. Further, one of the female jurors stated during deliberations that she had been
', ., raped in the past, but that she had not told anyone that she had been raped except her husband, ) until she was inthejuryroom near the end of deliberations. This willful concealment of material
information resulted in seating a juror that couldnot be impartial as to Defendant's guilt or
innocence of the crime for which he was on trial.
4. Additionally, jurorMona Grant stated that after hours ofdeliberations, and
discussions regarding the cost of re-trying the case, she changed her vote from "not guilty' to
'guilty' because she was tired ofthe arguing and she did not want to deal with discussions from the other juror's experience ofbeing raped, and that she assumed the case would be reversed on appeal. Ms. Grant stated that she had reasonable doubt as to the Defendant's guilt in this case.
MOTION FOR NEWTRIAL PAGE 1 OF 2 The Affidavit of Mona Grant, a juror in this cause, is attached hereto as Exhibit "A" for all
purposes.
5. Additionally, the court did not allowtestimony of the victim's sexual history,
evenafterthe Prosecutor alleged that this alleged act was the victim's first sexual experience.
This allegation was highly prejudicial and mislead the jury regarding the alleged victim's sexual
history and thepurported trauma associated with the alleged assault. The Affidavit of Joeleta
Kyle, a potential witness with personal knowledge of these facts, together withknowledge of the
alleged victim's reputation for truth and veracity, is attached hereto as Exhibit "B" for all
WHEREFORE, Melvin Lee Sanders, HI, Defendant, requests that this Court set aside
the judgement in this cause and order a new trial.
DAVID E. HOUSTON, Attorney at Law 3 East Henderson Street Post Office Box 1027 Cleburne, Texas 76033-1027 Telephone: 817.558.3056 Facsimile: 817.5^8.3066
By: DAVID E. HOUSTON State Bar No. 10052300 Attorney for Melvin Lee Sanders, III
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing instrument has beenserved upon Hon. Dale Hanna, District Attorney, Guinn Justice Center, 204 South Buffalo, Cleburne, Texas 76033, by United States Mail, certified, return receipt requested, postage prepaid; or by hand delivery; or by facsimile transmitted before 5:00 o'clock p.m., on this "7rff- day of July, 2014.
Jjf, DAVID E. HOUSTON
MOTION FOR NEW TRIAL PAGE 2 OF 2 Copy 5
CAUSE NO. F47748
THE STATE OF TEXAS § * THE DISTRICT COURT OF | JOHNSON COUNTY, TEXAS MELVIN LEE SANDERS, HI § 1™ JUDICIAL DISTRICT Aratnavtt IN SUPPORT OF nPFF-NDANrS MOTION FOR NEW TRIAL 0n this day ofJuly, 2014, Mona Grant appeared in person before me today and stated under oath:
"My name is Mona Grant. Iam above the age ofeighteen years, and Iam fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. "1 was ajuror in the guilt/innocense phase in the trial ofthe case entitled The State ofTexas vs. Melvin Lee Sanders, III, tried in the 18* Judicial District Court in Johnson County, Texas from June 2,2014 to June 5, 2014. "During deliberations on guilt/innocence, at least one juror said he was going to prison anyway because of the warrants. "Further, one ofthe female jurors stated during deliberations that she had been raped in the past, but that she had not told anyone that she had been raped except her husband, until she was in the jury room near the end of deliberations. "After hours ofdeliberations, and discussions regarding the cost of re-trying the case, 1changed my vote fiom 'not guilty' to 'guilty' because 1was tired ofthe ^ arguing and Idid not want to deal with the revelation regarding the other juror s claim that she was raped. I assumed the case would be reversed on appeal. "1 regret changing my vote from 'not guilty' to 'guilty.' Ihad reasonable doubt that the Defendant was guilty ofthe sexual assault at the time, and 1still have reasonable doubt as to his guilt today."
^...t'^Hi,-.^ MONA GRANT
SlGNED^^tfjteftreir^Jy MonaGrant on thi^L— day ofJuly, 2014
\ •-. V .;-•• :• -—^tearyPublic. St'a#of Te:
v..--- •1--i -...•>' EXHIBIT "A' CAUSE NO. F47748
THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS § JOHNSON COUNTY, TEXAS § MELVIN LEE SANDERS, III § 18TH JUDICIAL DISTRICT
AFFIDAVIT OF JOELETA KYLE IN SUPPORT OF DEFENDANTS MOTION FOR NEW TRIAL
On this day ofJuly, 2014, Joeleta Kyle appeared in person before metoday and
stated under oath:
"Myname is Joeleta Kyle. I am above the age of eighteen years, and 1am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
"My name is Joeleta Kyle. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
"I am the mother of Melvin Lee Sanders, HI, Defendant in this case.
"Amy Walsh and her daughter Caitlinlived with me off and on for seven years and they had been living in my home for about two yearsup to the last time they moved out.
"Amy Walsh was on probation for food stamp fraud and had three dirty urinalysis. Caitlin was on birth control pills when she was eleven years old. Caitlin was having sex with a boy namesDonavanthat lived with his grandmother across the street from where shewas living at 9412 John's Road, Alvarado, Texas. When Caitlin and her mother were staying in my house, I caught Caitlin and Donavan in bed together and madeDonavan leave the house. The District Attorney said this was her first time whenshe madethe outcrythat Melvin Lee Sanders, in raped her.
"Donovan's grandmother, Molly, came to my home to talk to Amy and ask if Caitlin was pregnant and if it was true that Caitlin wasgoing to say she was raped by Donovan. Amy told Molly thatif Caitlin was pregnant, she would make her have an abortion because Amy was "not going to raise anotherfucking kid."
"Amy Walshwas taking Caitlin to the doctor for urinary tract infections and she would white out the dates on the doctor slips so she wouldn't get in trouble for
EXHIBIT "B" page l or 3 Caitlin missing school. Caitlin missed a lot ofschool because ofhersex life at such a young age.
"Caitlin began dating Nick. Nick's mother, Nance Canava, would let the two of them sleep together every weekend. Amy Walsh would ground Caitlin from going to Nick's home but Nick would call Amy Walshand tell her that if she did not let Caitlin come over, he would no longer supply Amy with free marijuana. When 1 asked Amy what she was going todo, she replied "1 am taking Caitlin over there. I am not going to lose my free pot connection because of this little bitch." "In October 2013, Caitlin's father, Jimmy Tinsley, gotout of prison. I asked him tohelp Amy and Caitlin get a place tolive and he said he did not want to help them because Amy was a "crazy bitch". He stated that Amy would go inand beat herhead against a wall and then call the police and tell them he had been the one to do it. Amy hadcalled the police on Jimmy multiple times and had him put in prison. She also told Jimmy mat Caitlin had called the police on him. "Dorothy Daniels andI went toa mobile home in Alvarado, Texas where the police had been called to because Caitlin had ran away from her>mother and was in the residence withthree over age males and two under age girls. 1went with Amy to the police station to let the detective hear a recording on my phone from one of the over age males to Caitlin. Caitlin was then taken to Cook Children's Hospital but she refused to take a rape test. This was all four months before she accused Melvin Lee Sanders, III of rape and the Judge would not let the attorney of Melvin Lee Sanders, IU see the information until it was too late.
"Caitlin liedto her mother telling Amy shehasstarted herperiod when she was eleven years old when she really did not startuntil she was thirteen. Amy was never a good mother to Caitlin. Amy has had drug problems. She was ina drug raid when her first child was a baby. Amy lost custody ofthat child to her own mother. Child Protective Services was called on Amy when Caitlin was a baby because she would give her Tylenol to make Caitlin sleep when Amy was coming down offdrugs. Amy callsCaitlin names like "back stabbing cunt." Amy uses Caitlin and she knows when they don't have a place to stay she can use Caitlin to call Dorothy Daniels or myself for a place to stay.
"I asked Amy tohelp with some ofthe bills orto move out. When I told her 1 need help with the electric bill she told me "Fuck you and your electric bill." I then told her to move out. When I told her to move the said "I will hit you where it hurts bitch". Caitlin came to me and asked when they would have to move out of my home and I toldheras soon as they could.
"When Amy Walsh and Caitlin moved from my home, Amy had $2,000.00, of child support from Caitlin's father but because she did not want to spend the money on a place for them to live, she moved herself and Caitlin into a shelter. EXHIBIT "B" page 2 of 3 "After they moved out is when called and made a report to the police that Melvin Lee Sanders,III raped Caitlin. Amy and Caitlin both tested positive for marijuana and Amy tested positive for methamphetamines on hair follicle tests. "The pictures that were taken by the attorney for Melvin Lee Sanders, HI ofthe dump truck, do not show where the dump truck was atthe time ofthe alleged rape. Inaddition the dump truck isat least three feet offthe ground. There is no way Melvin Lee Sanders, in could hold Caitlin's hands above her head and have a hand over her mouth, like she stated, while at the same time opening the door and putting her in thedump truck. The dump truck is also ina straight view of the house. At the time of the alleged incident my sonRicky was on hospice and dying in my home. There was someone at the house at all times.
'Myson Mervin Lee Sanders,III was not inthe home at all between July 2012 and October 2012. He came bythe house in October 2012, about one week before his brother passed away. He was only there about an hour and then I did notsee him again until the dayof his brothers funeral."
5ELETA KYLE
SIGNED under oath before me by Joeleta Kyle on this (.,.,. day of July, 2014. HEATHER McCOY STXTEOFTEXAS _ m»2SSSS^«" Notary Notary Public, State of < Texas
EXHIBIT "B" pace 3 of 3 I" 6^
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