f c ' D d-r"' ,
f . ali> dee E NO.: 12- 20 P|'Di'CONTRL NO. 1743851/12~08606
STATE OF TEXAS VS.
LUIS SOLIS GONZALEZ oFFENsE: cAPiTAL MuRoER
lN THE NAME AND BY THE AUTHOR|TY OF THE STATE OF TEXAS
The Grand Jurors for the _County of El Paso, State of -Texas, duly organized as such, at the ' Terml A.D., 2012 of the Judicia| District Court for said County, on" their oaths in said Court, present that on or about the 30th day of May. 2012 and anterior to the presentment of this indictment in the County of EI Paso and State of Texas, LU|S SOL|S GONZALEZ, hereinafter referred to as Defendant,
did then and there intentionally or knowingly cause the death of an individuat, namely, MARYSOL SALDl\/AR by striking MARYSOL SALDIVAR about the head with an unknown obiect, and did then and there intentionally or knowingly cause the death of another individuall name|y, ERIC DESANT|AGO, by striking ERlC DESANTIAGO about the head with an unknown object and by stabbing ER|C DESANTIAGO about the body with a knite. and did then and there intentionally or knowingly cause the death of another individua|, namely, CASSAUNDRA HOLT, by strang|ing CASSAUNDRA HOLT about the neck with a |igature. and the murders were committed during the same criminal transaction
AGA|NST THE PEACE AND D|GNlTY OF THE STATE.
f
`m@ mm W~ve/' -' u'i _/ nw
THE sTATE oF TExAs U couNT~r oF Ei. PAso
l certify that the foregoing is a true and correct copy of the oriMll§c§ie§\horbflle in my oft`ice. Given under my hand and seal of the court at my office in Et Paso, Texas on the w_,‘!__ .
NORMA FAVELA, District Clerk, EI Paso County, Texas
BA|L AMOUNT: $ by Deputy
TCib pf
lN THE 243rd D|STR|CT COURT .5 OF EL PASO COUNTY, TEXAS " ' ~
THE STATE OF TEXAS
vs` No. 201200041“03
60?¢0)(0>¢0'!¢03
LU|S SOL|S GONZALEZ
MOT|ON FOR DNA TLST|NG_BY THE TEXAS DEPARTMENT OF PUBL|C SAFETY, CR|M§ LABORATORY PURSUA_NlTO T.C.C.P., ARTlCL_l§ 38.40 TO THE HONORABLE JUDGE OF SA|D COURT:
COMES NOW THE STATE QF TEXAS, in the above-entitled and numbered cause, and moves the court to order the Texas Department of Public Safety (DPS) laboratory to test evidentiary items containing biological evidence for DNA comparison
l.
This case is set for trial in your honorable court. The charge is Capital
Murder, and the State is seeking the death penalty.
ll. The State is requesting that the Court order the DPS laboratory to test all items of evidence submitted by the El Paso Po|ice Department containing
biological evidence for DNA comparison. pursuant to T.C.C.P. Article 38.43.
_l'Ob
WHEREFORE, the State prays the Court grant this motion and order the Texas DPS Crime Laboratory to test all items of evidence containing biological
evidence submitted under EPPD 12-152050 for DNA comparison
RESPECTFULLY SUBM|TI'ED,
,,-- ") ""' !_./' -2%:’”
» isE BuTrERWORTH AssrsTANT DisTRlcT ATTORNEY sTATE BAR No. 24012368 500 E. sAN ANToNro, surTE 201
EL PASO. TEXAS 79901 (915) 546-2059
CERTlFlCATE OF SERV|CE This is to certify that a true and correct copy of the foregoing motion was delivered to attorney for the Defendant, Mr. Joe Spencer, on }(st day of Aprill
2014. __,) Z?“ML__
'beNrsE BuTTERWORTH AssisTANT orsTchT ATTORNEY
in THE 243rd DrsTchT couRT or= EL PAso couNTY, TEXAS
715 rl. lr:""{" =_-.rrr-rv
~. ,.!
THE sTATE oF TEXAS § vs. § No. 20120b0410_3'; § LU|S SOL|S GONZALEZ § ORDER
On this 21ST DAY OF APRlL, 2014, came on to be considered the State’s lVlotion for DNA Testing by the Texas Department of Public Safety, Crime Laboratory, pursuant to T.C.C.P., Article 38.43. The Court, having considered the same, and Law, hereby GRANTS said Nlotion and orders the Texas Department of Public Satety. Crime Laboratory to test all items submitted by the
El Paso Po|ice Department containing biological evidence for DNA comparison lT lS SO ORDERED.
SlGNED AND ENTERED %!" g 3 ’ , 2014.
a
'\`Clb
243rd orstrict court EL PAso couNTY, TExAs ' _ t art iii er c 03 THE STATE OF TEXAS
; . - .:-.'..'-r-_‘
VS. 20120D04103 s
‘J
LUIS SOLIS GONZALEZ
On this ZIST DAY OF APRIL, 2014, came on to be considered the State’s Motion for DNA Testing by the Texas Department of Public Safety, Crime Laboratory, pursuant to T.C.C.P., Article 38.43. The Court, having considered the same, and Law, hereby GRANTED said Motion and ordered the Texas Department of Public Safety, Cn`me Laboratory to test all items submitted by the El Paso Po|ice Department containing biological evidence for DNA comparison
IT IS FURTHERMORE ORDERED THA ALL DNA TESTING IN REFERENCE
TO EPPD 12-152020 BE COMPLETED BY SEPTEMBER 1, 2014. IT IS SO ORDERED. SIGNED AND ENTERED THIS MAY l 3 , 2014. @b‘,z L S GUILAR,J d c 243 District Co
Torb D
TEXAS DEPARTMENT OF PUBL|C SAFETY
11612 Scott Slmpson, El Paso. Texas 79936 (915) 849-4000 M,gdgs.§j§te.tx.us
CDMM|SS|DN
DAVID BAKER ROBER'|' J. BODlSCt'L BR. CHERYL MacBRIDE DEFU'W D|RECTOR$
june S, 2014
The Honorable Luls Aguilar 243"' District Court
500 E. San Antonio
El PasoJ TX 79901
Dear iudge Aguilan
On May 15, 2014 the Texas Department of Public Safety Crime Lab was notified of a court order to complete the DNA testing by September 1, 2014 for the case involving The State ot“i'exas vs. Louis Solis-Gonzalez. The TXDPS understands the severity of this case and your need for a speedy trial.
Since the initial submission cf evidence into our lab, we have worked closely with the Dlstrlct Attorney's Ofticc and the El Paso Po|ice Department to process this evidence in an expeditious and efficient way. Currently, the TXDPS Crime Lab has issued three reports supporting our tindings. Subsequent submissions resulted in a high volume of items to be analyzed for this case. A total of 158 items were submitted as additional evidence The analysis of this evidence began immediately and two reports are currently pending a review process and will be released in thc next few days.
The 'i`XDPS Crime lab in El Paso services the 16 west most counties of't`exas constituting of approximately 1.1 million people Currently. the DNA section in the El Paso Crime Lab consists of four Forensic Scientists and a supervisor. Currendy, only two of the four Forensic Scientlsts are qualified in doing DNA analysis Because we do serves large population base and are considered a small lab, it is important to consider the efr`rciency of our lab and work flow. This laboratory has two phases in our workflow: screening for biological stains on items ofevidence and DNA analysis on those stains. Across the smte, it ls DPS policy to only accept ten items of evidence in cases involving a homicide. When expediting these types of cases with only ten items of evidence, it is expected to obtain results within 60 days. This allows us to continuously analyze other cases while still being able to expedite a casc. The current deadline, if not changed, will require all other pending DNA cases set for trial to be placed on hold.
lt is understood that Article 38.43. subsection (i], allows for all biological evidence to be submitted to thc Texas Department of Public Safety Crime Lab for the case involving The State of Texas vs. Louls Solis- Gonzalcz. 'l`hls resulted in 158 additional items being submitted to the TXDPS El Paso Crime Lab foranalysis. Due to our current resources, the ability to process and analyze this evidence can only be done by dividing these 158 items to be more manageable and practicable for an analyst to process.
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f c ' D d-r"' ,
f . ali> dee E NO.: 12- 20 P|'Di'CONTRL NO. 1743851/12~08606
STATE OF TEXAS VS.
LUIS SOLIS GONZALEZ oFFENsE: cAPiTAL MuRoER
lN THE NAME AND BY THE AUTHOR|TY OF THE STATE OF TEXAS
The Grand Jurors for the _County of El Paso, State of -Texas, duly organized as such, at the ' Terml A.D., 2012 of the Judicia| District Court for said County, on" their oaths in said Court, present that on or about the 30th day of May. 2012 and anterior to the presentment of this indictment in the County of EI Paso and State of Texas, LU|S SOL|S GONZALEZ, hereinafter referred to as Defendant,
did then and there intentionally or knowingly cause the death of an individuat, namely, MARYSOL SALDl\/AR by striking MARYSOL SALDIVAR about the head with an unknown obiect, and did then and there intentionally or knowingly cause the death of another individuall name|y, ERIC DESANT|AGO, by striking ERlC DESANTIAGO about the head with an unknown object and by stabbing ER|C DESANTIAGO about the body with a knite. and did then and there intentionally or knowingly cause the death of another individua|, namely, CASSAUNDRA HOLT, by strang|ing CASSAUNDRA HOLT about the neck with a |igature. and the murders were committed during the same criminal transaction
AGA|NST THE PEACE AND D|GNlTY OF THE STATE.
f
`m@ mm W~ve/' -' u'i _/ nw
THE sTATE oF TExAs U couNT~r oF Ei. PAso
l certify that the foregoing is a true and correct copy of the oriMll§c§ie§\horbflle in my oft`ice. Given under my hand and seal of the court at my office in Et Paso, Texas on the w_,‘!__ .
NORMA FAVELA, District Clerk, EI Paso County, Texas
BA|L AMOUNT: $ by Deputy
TCib pf
lN THE 243rd D|STR|CT COURT .5 OF EL PASO COUNTY, TEXAS " ' ~
THE STATE OF TEXAS
vs` No. 201200041“03
60?¢0)(0>¢0'!¢03
LU|S SOL|S GONZALEZ
MOT|ON FOR DNA TLST|NG_BY THE TEXAS DEPARTMENT OF PUBL|C SAFETY, CR|M§ LABORATORY PURSUA_NlTO T.C.C.P., ARTlCL_l§ 38.40 TO THE HONORABLE JUDGE OF SA|D COURT:
COMES NOW THE STATE QF TEXAS, in the above-entitled and numbered cause, and moves the court to order the Texas Department of Public Safety (DPS) laboratory to test evidentiary items containing biological evidence for DNA comparison
l.
This case is set for trial in your honorable court. The charge is Capital
Murder, and the State is seeking the death penalty.
ll. The State is requesting that the Court order the DPS laboratory to test all items of evidence submitted by the El Paso Po|ice Department containing
biological evidence for DNA comparison. pursuant to T.C.C.P. Article 38.43.
_l'Ob
WHEREFORE, the State prays the Court grant this motion and order the Texas DPS Crime Laboratory to test all items of evidence containing biological
evidence submitted under EPPD 12-152050 for DNA comparison
RESPECTFULLY SUBM|TI'ED,
,,-- ") ""' !_./' -2%:’”
» isE BuTrERWORTH AssrsTANT DisTRlcT ATTORNEY sTATE BAR No. 24012368 500 E. sAN ANToNro, surTE 201
EL PASO. TEXAS 79901 (915) 546-2059
CERTlFlCATE OF SERV|CE This is to certify that a true and correct copy of the foregoing motion was delivered to attorney for the Defendant, Mr. Joe Spencer, on }(st day of Aprill
2014. __,) Z?“ML__
'beNrsE BuTTERWORTH AssisTANT orsTchT ATTORNEY
in THE 243rd DrsTchT couRT or= EL PAso couNTY, TEXAS
715 rl. lr:""{" =_-.rrr-rv
~. ,.!
THE sTATE oF TEXAS § vs. § No. 20120b0410_3'; § LU|S SOL|S GONZALEZ § ORDER
On this 21ST DAY OF APRlL, 2014, came on to be considered the State’s lVlotion for DNA Testing by the Texas Department of Public Safety, Crime Laboratory, pursuant to T.C.C.P., Article 38.43. The Court, having considered the same, and Law, hereby GRANTS said Nlotion and orders the Texas Department of Public Satety. Crime Laboratory to test all items submitted by the
El Paso Po|ice Department containing biological evidence for DNA comparison lT lS SO ORDERED.
SlGNED AND ENTERED %!" g 3 ’ , 2014.
a
'\`Clb
243rd orstrict court EL PAso couNTY, TExAs ' _ t art iii er c 03 THE STATE OF TEXAS
; . - .:-.'..'-r-_‘
VS. 20120D04103 s
‘J
LUIS SOLIS GONZALEZ
On this ZIST DAY OF APRIL, 2014, came on to be considered the State’s Motion for DNA Testing by the Texas Department of Public Safety, Crime Laboratory, pursuant to T.C.C.P., Article 38.43. The Court, having considered the same, and Law, hereby GRANTED said Motion and ordered the Texas Department of Public Safety, Cn`me Laboratory to test all items submitted by the El Paso Po|ice Department containing biological evidence for DNA comparison
IT IS FURTHERMORE ORDERED THA ALL DNA TESTING IN REFERENCE
TO EPPD 12-152020 BE COMPLETED BY SEPTEMBER 1, 2014. IT IS SO ORDERED. SIGNED AND ENTERED THIS MAY l 3 , 2014. @b‘,z L S GUILAR,J d c 243 District Co
Torb D
TEXAS DEPARTMENT OF PUBL|C SAFETY
11612 Scott Slmpson, El Paso. Texas 79936 (915) 849-4000 M,gdgs.§j§te.tx.us
CDMM|SS|DN
DAVID BAKER ROBER'|' J. BODlSCt'L BR. CHERYL MacBRIDE DEFU'W D|RECTOR$
june S, 2014
The Honorable Luls Aguilar 243"' District Court
500 E. San Antonio
El PasoJ TX 79901
Dear iudge Aguilan
On May 15, 2014 the Texas Department of Public Safety Crime Lab was notified of a court order to complete the DNA testing by September 1, 2014 for the case involving The State ot“i'exas vs. Louis Solis-Gonzalez. The TXDPS understands the severity of this case and your need for a speedy trial.
Since the initial submission cf evidence into our lab, we have worked closely with the Dlstrlct Attorney's Ofticc and the El Paso Po|ice Department to process this evidence in an expeditious and efficient way. Currently, the TXDPS Crime Lab has issued three reports supporting our tindings. Subsequent submissions resulted in a high volume of items to be analyzed for this case. A total of 158 items were submitted as additional evidence The analysis of this evidence began immediately and two reports are currently pending a review process and will be released in thc next few days.
The 'i`XDPS Crime lab in El Paso services the 16 west most counties of't`exas constituting of approximately 1.1 million people Currently. the DNA section in the El Paso Crime Lab consists of four Forensic Scientists and a supervisor. Currendy, only two of the four Forensic Scientlsts are qualified in doing DNA analysis Because we do serves large population base and are considered a small lab, it is important to consider the efr`rciency of our lab and work flow. This laboratory has two phases in our workflow: screening for biological stains on items ofevidence and DNA analysis on those stains. Across the smte, it ls DPS policy to only accept ten items of evidence in cases involving a homicide. When expediting these types of cases with only ten items of evidence, it is expected to obtain results within 60 days. This allows us to continuously analyze other cases while still being able to expedite a casc. The current deadline, if not changed, will require all other pending DNA cases set for trial to be placed on hold.
lt is understood that Article 38.43. subsection (i], allows for all biological evidence to be submitted to thc Texas Department of Public Safety Crime Lab for the case involving The State of Texas vs. Louls Solis- Gonzalcz. 'l`hls resulted in 158 additional items being submitted to the TXDPS El Paso Crime Lab foranalysis. Due to our current resources, the ability to process and analyze this evidence can only be done by dividing these 158 items to be more manageable and practicable for an analyst to process. Essentially, 158 items is equivalentto nearly 16 homicide cases. Ii'analyzing 16 cases, and each having a turnaround time of 60 days, itwill take over two years to complete this case. We understand that this will be unreasonable so we are taking a team approach to this case. and analysts have been working diligently to analyze all the evidence while still meeting the highest level quality.. By using this team approach, it is practical to have DNA completed by tune 1, 2015.
TCM EQUAL QFPORTUN¢TYEMPLDYER
COURTESV a SERV|CE¢ PROTECT|ON -E
The Honorable i.uis Aguilar june 5, 2014 Page two
Your honor, it is respectfully asked of you to reconsider your deadline of the completion of all DNA analysis by September 1, 2014. Allowing a june 1, 2015 deadline gives us approximately 15 months from the time of the additional 158 items of evidence submitted. During these 15 months, reports will be periodically issued. These reports will show our progress and assure we are giving our best effort to complete this case in an expeditious manner. if the deadline is steadfast, consider using a private accredited laboratory to examine the least probative evidence which will increase turnaround time and allow us to continue to work other pending DNA cases Thank you for your consideration
Respectfuily, 45 RonquiW
DNA Section Supervisor and Technical Leader TXDPS Crime Lab '» Ei Paso
LUIS AGUILAR Fit.iii) __ . L.Fav€ta JUDGE N§i§§§`ici ctrs-n
2431“’ ntsTRIc'r coURT EL PASO COUNTY COURTHOUS 500 E. San Anbonio Rm 901 El Paso, Texas 7 9901 (915) 546~2168 Fax (915) 546-8107 Email: iaguilar@epcounty.com
June 2_5, 2014
Vg'g Fg§§imilg doe 915¢5_ 32-7535 Zl'g Egg§g'milg NO. 915[533-5,SZQ Mr. loe A. Spencer ` Ms. Denise Butterworth
Attorney at Law ADA, 34ch judicial District
1009 Montana Avenue 500 E. San Antonio, Z“d Floor
El Paso, Texas 79901 Ei Paso, 'l`exas 79901
Re: State ofTexas v. Luis SoIis-Gonzaiez, Cause No. 20120D04103 in the 243rd judicial District Court, El Paso County, Texas
Dear Ms. Buttcrworth and Mr. Spencer:
Please be advised you have been scheduled for a pre-trial hearing on the above-styled lawsuit for Wednesday, July 16, 2014 at 8:30 a.m. in the 243rd Judicial District Court,
The purpose of this hearing is to determine the applicability of Article 38.43 of the Code of Criminal Procedure. One of the issues l would like addressed is whether the State of Texas is required to submit to a laboratory for forensic analysis, every piece of biological evidence they seized at the crime scene.
I would also like to address whether the legislative intent took into consideration the delay it creates in the El Paso laboratory How is this balanced against the Specdy Trial rights of the accused and the State? "` ` '
If you have any questions, please contact me.
Res ctfully stime
A_/
on. Luis A
Judge, 243"' diem District conn
LA/ls
'rot>
Equal Oppartwiity Employer F
uaailih“' L. PAL\;EF.\.£t
IN THE DISTRICT COURTS OF EL PASO COH 243rd JUDICIAL DISTRICT COURT _g m us he
illl5` JAN THE sTATE oF TEXAS § -EL mg gewin zgxas vs. § CAUS§\N a - ' § LUIS soLIs GoNzALEZ § _QM
On this the ZND day of OCtober, 2014, came on to be heard the hearing to determine the applicability of Article 38.43' of the Code of Criminal Procedure, and the Court having heard the summary of physical evidence that has already been analyzed by the Texas Department of Public Safety, and argument of counsel, is of the opinion that Article 38.43 does not mandate that every single piece of evidence seized by law enforcement in a capital murder case Where the State is seeking the death penalty must be forensically analyzed The court is of the opinion that the evidence that has been submitted and analyzed so far by DPS is sufficient and constitutes substantial compliance with the intent of the statute. The Defendant was instructed by the Court to identify any necessary piece of evidence that the State failed to submit for analysis and the justification for why that evidence should be tested by October 13, 2014. The defense response did not legally support any further delay of the trial.
The State and the Det`endant are hereby notified the lawsuit will proceed according to the
notices armounc`ed and will remain on the trial docket for May 8, 2015.
sIGNED thisrhe 9 day of `SE /\/ ,2015.
I-i LUIS AG IL JU GE PRES ]N
‘Totb (;`i
RECEIVED @6/27/2|314 89:53 9155327535 JUE SPENCER ATTURNEV
2014-06-26 21 :34 243 Dz\ irict Court 9155468107 l;.. 9155327535 P 1/1 243rd District Court EL PASO COUNTY, TEXAS THE STATE OF TEXAS 20120D04103 VS. LUIS SOLIS-GONZALEZ CAPITAL MURDER OF MULTIPLE PERSONS
ORDER CANCELLING HEARING
This PRETRIAL scheduled for JULY 16, 2014 AT 10:00 A.M. is CANCELLED.
~O - LUIS AGUILAR, ua
243"‘° District court
ATTORNEY TO PROVII)E NOTICE TO DEFENDANT: JOE AUREL|ANO SPENCER, Jl'.
1009 MONTANA
EL PASO TX 79902
915-532-7535
isaiah
Tob
REcEI\/_ED 09125/2@14 1@:45 9155327535 JUE sPENcER ATToRNEv 2014-09-25 22:23 243 Dif\_ =ict Court 9155468107 =` 9155327535 P 1/1
243rd District Court EL PASO COUNTY, TEXAS
THE STATE OF TEXAS 20120D04103 VS. LUIS SOLIS-GONZALEZ CAPlTAL MURDER OF MULTIPLE PERSONS ORDER OF COURT SETTING
l. This cause is set for:
Pre-Trial Hcaring 10/02/2014 9:00 AM Paper the Jury 02/09/2015 7:00 AM Individual Voir Dire 03/09/2015 7:00 AM 28.01 Hearings 04/22/2015 8:30 AM Final Judge's Conference 04/28/2015 8:30 AM Jury Trial 05/08/2015 8200 AM
in the courtroom of thc 243rd District Court.
2. The defendant’s presence at the next setting lS NOT waived. 3. Defendant is in jail: YES
4. Defendant’s attorney is JOE AUREL[ANO §":~l’l§`NCERa Jr., and his/her presence at the time and place set out above is required.
5. All 28.01 Motions will be heard on the scheduled date including Motions to Supprcss, and etc. All Motions must bc ruled seven (7) days prior to the hearing. All Motions not heard on the scheduled date arc waivcd.
LUIS AGUILAR, Judg
243RD District court
SIGNED AND ENTERED THIS 9/26/2014.
ATTORN`EY TO PROVIDE NOTICE TO DEFENDANT:
JOE AURELlANO SPENCER, .lr. a@e en _\ Tob
EL PASO TX 79902 915-532-7535