No. ________________________ 

THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT 

DALLAS, TEXAS 

In re Andrew Pete, Relator 

292nd CRIMINAL DISTRICT COURT 

Cause No(s): F1233559; F1233560; F1233561 

PETITION FOR WRIT OF MANDAMUS

& MOTION FOR EMERGENCY STAY

THE ALLEN LAW FIRM 

Scottie D. Allen 

4144 N. Central Expressway 

Suite 650 

Dallas, Texas 75204 

Telephone: (214) 824-7711 

Facsimile: (214) 824-7714 

SBN: 01058020 

Attorney For Relator 

ACCEPTED

05-15-01529-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

12/16/2015 1:15:22 PM

LISA MATZ

CLERK

05-15-01529-CV;05-15-01530-CV; 05-15-01531-CV

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/16/2015 1:15:22 PM LISA MATZ Clerk
Page 2 of 11

IDENTITIES OF PARTIES AND COUNSEL

Relator: Andrew Pete, Defendant

Relator’s Counsel: Scottie D. Allen

 4144 N. Central Expressway

 Suite 650

 Dallas, Texas 75204

 Telephone: (214) 824-7711

 Facsimile: (214) 824-7714

 SBN: 01058020

Respondent: Honorable Brandon Birmingham

292nd Judicial District Court

Frank Crowley Courthouse

133 N. Riverfront Boulevard, 6th Floor

Dallas, TX 75207

Party In Interest: Dallas County District Attorney

Susan Hawk

Frank Crowley Courthouse

133 N. Riverfront Boulevard, 11th Floor

Dallas, TX 75207

Telephone: (214) 653-3600 

Facsimile: (214) 653-5774
Page 3 of 11

TABLE OF CONTENTS

Identities of Parties and Counsel............................................................................... 2

Table of Contents ............................................................................................ 3

Index of Authorities..........................................................................................4

Statement of the Case........................................................................................5

Statement of Jurisdiction....................................................................................5

Issue Presented: 

DOES THE TRIAL COURT HAVE AUTHORITY TO GRANT A MISTRIAL 

AS TO THE PUNISHMENT PHASE ONLY? ............................................... 6

Argument and Authorities................................................................................... 6

I. STANDARD OF REVIEW................................................................... 6

II. A POST-VERDICT MISTRIAL RETURNS THE CASE TO ITS 

ORIGINAL POSTURE BEFORE TRIAL COMMENCED ............................. 7

III. TRIAL COURT DOES NOT HAVE AUTHORITY TO GRANT MISTRIAL 

AS TO THE PUNISHMENT PHASE ONLY ........................................... 8

IV. EMERGENCY RELIEF IS NEEDED....... ................................................ 9

Prayer............................................................................................................ 9

Certification...................................................................................................10

Certificate of Service........................................................................................10

Appendix ..................................................................................................... 11
Page 4 of 11

INDEX OF AUTHORITIES

Cases

Dickens v. Second Court of Appeals, 727 S.W.2d 542, 548 (Tex.Crim.App.1987) ............... 5,7

Ordunez v. Bean, 579 S.W.2d 911, 913 (Tex.Crim.App.1979) ........................................ 6

Smith v. Flack, 728 S.W.2d 784 (Tex.Crim.App.1987) ................................................ 6

State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex.Crim.App.1987) (op. on reh'g) ............6

Texas Board of Pardons and Paroles v. Miller, 590 S.W.2d 142 (Tex.Crim.App.1979) .......... 6

State ex rel. Skeen v. Tunnell, 768 S.W.2d 765, 767 (Tex.App.—Tyler, 1989)......................6

State ex rel. Wade v. Mays, 689 S.W.2d 893, 898–899 (Tex.Crim.App.1985) .....................6,7

State v. Evans, 843 S.W.2d 576 (Tex.Crim.App.1992) ................................................ 7

State v. Boyd, 202 S.W.3d 393 (Tex.App. – Dallas, 2006) .............................................7

State v. Garza, 774 S.W. 2d 724 (Tex.App.—Corpus Christi, 1989 no pet.)..........................7

State v. Bounhiza, 294 S.W.3d 780, 786 (Tex.App. – Austin, 2009)................................ 7,8

State v. Huseman, 17 S.W.3d 704 (Tex.App. – Amarillo, 1999).......................................7,8

State v. Doyle, 140 S.W. 3d 890 (Tex.App. – Corpus Christi, 2004) .................................7

State v. Bates, 889 S.W.2d 306, 310 (Tex.Crim.App.1994)..........................................7,8

State v. Hight, 907 S.W.2d 845, 846 (Tex.Crim.App.1995)............................................8

Statutes

TEX. CRIM. PROC. ART. 44.29 ..............................................................................8

Texas Rule of Appellate Procedure 52.3(j) ..............................................................10
Page 5 of 11

STATEMENT OF CASE

Defendant, Andrew Pete, was indicted in the above entitled cause(s) and proceeded to a jury 

trial on April 22, 2015 (with prior counsel) wherein he was found guilty in all three causes. The 

Defendants’ bonds were held insufficient and he was remanded to the custody of the Dallas County 

Sheriff where he remains at this time. During the punishment phase of the trial (prior to jury 

deliberation), the trial court granted a mistrial (See Trial Transcript, volume 7, p.131, attached as 

Exhibit “A”). In granting said mistrial, the Court declared the mistrial be limited to the punishment 

phase only. The Court also permitted counsel at the time to withdraw wherein the Defendant 

retained his current counsel. The State did not appeal.

Defendant is currently set for trial before a jury (punishment only) on January 4, 2016; 

however, the Court is attempting to proceed with jury selection this week [December 14th-

December 18th]. 

 On December 4, 2015, Defendant filed a Writ of Habeas Corpus and Motion to Reinstate Bond 

(attached as Exhibit “B”), specifically contending the trial court did not have the authority to limit 

the Order granting mistrial to the punishment phase only and that the case i.e. bond status should 

be restored to its original posture and The Defendant released. The Court issued an Order denying 

same.

 On December 14, 2015, Defendant filed a Notice of Appeal (attached as Exhibit “C”) and this 

Writ follows. 

STATEMENT OF JURISDICTION

The courts of appeals have mandamus jurisdiction over criminal law matters concurrent with 

the mandamus jurisdiction of the Texas Court of Criminal Appeals. Dickens v. Second Court of 

Appeals, 727 S.W.2d 542, 548 (Tex.Crim.App.1987). Since this petition seeks an Order 

compelling the trial Court to release Mr. Pete, this Court properly has jurisdiction.
Page 6 of 11

ISSUE PRESENTED

The issue for review is whether the trial court has authority to grant a mistrial as to the 

punishment phase only? 

ARGUMENT AND AUTHORITIES

I. STANDARD OF REVIEW

The court of appeals has mandamus jurisdiction in criminal law matters concurrent with the 

court of criminal appeals. Dickens v. Court of Appeals for the Second Supreme Judicial District of 

Texas, 727 S.W.2d 542 (Tex.Crim.App.1987). To obtain relief through writ of mandamus, a 

relator must establish the following: 1) no other adequate remedy at law is available and 2) the act 

he seeks to compel is ministerial, rather than discretionary in nature. Id. at 548; See also Ordunez 

v. Bean, 579 S.W.2d 911, 913 (Tex.Crim.App.1979).

In the present case, Defendant can meet the first element of the Dickens requirement since he 

has no other adequate remedy at law to address his current unlawful confinement. The second 

element can be satisfied as well, as it relates to a wholly ministerial act. An act is ‘ministerial’ if it 

constitutes a duty clearly fixed and required by law and if the duty to be performed is described 

with such certainty that nothing is left to the exercise of discretion or judgment. Smith v. Flack, 728 

S.W.2d 784 (Tex.Crim.App.1987); State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 

(Tex.Crim.App.1987) (op. on reh'g); and Texas Board of Pardons and Paroles v. Miller, 590 

S.W.2d 142 (Tex.Crim.App.1979). The court has authority to issue a writ of mandamus to compel 

a trial judge to perform an act where trial judge has a clear legal duty, ministerial in character, as 

distinguished from discretionary, to perform the act. State ex rel. Skeen v. Tunnell, 768 S.W.2d 

765, 767 (Tex.App.—Tyler 1989, original proceeding); Flack, 728 S.W.2d at 789; and State ex 
Page 7 of 11

rel. Wade v. Mays, 689 S.W.2d 893, 898–899 (Tex.Cr.App.1985). Here, the Appeals Court(s) have 

issued multiple opinions, holding the trial court lacks authority to limit an order granting mistrial 

to punishment only (See authority referenced below). This matter is not within the discretion of 

the trial court and a writ of mandamus shall be issued to compel the judge to return the case to its 

original posture.

II. A POST-VERDICT MISTRIAL RETURNS THE CASE TO ITS ORIGINAL 

POSTURE BEFORE TRIAL COMMENCED

The Court of Criminal Appeals and Court of Appeals have addressed the effect of granting a 

mistrial during the guilt-innocence phase and during the punishment phase. In said cases, the 

Appeals Court(s) have held that an order granting a mistrial is the functional equivalent of an order 

granting a new trial. Specifically, a post-verdict mistrial ruling is functionally indistinguishable 

from an order granting a new trial. State v. Evans, 843 S.W.2d 576 (Tex.Crim.App. 1992); State 

v. Boyd, 202 S.W.3d 393 (Tex.App. – Dallas, 2006); State v. Garza, 774 S.W. 2d 724 (Tex.App.—

Corpus Christi, 1989 no pet.); State v. Bounhiza, 294 S.W.3d 780, 786 (Tex.App. – Austin, 2009); 

State v. Huseman, 17 S.W.3d 704 (Tex.App. – Amarillo, 1999); and State v. Doyle, 140 S.W. 3d 

890 (Tex.App. – Corpus Christi, 2004). Accordingly, the post-verdict mistrial granted in this case 

shall be treated as an order granting a new trial and we should proceed accordingly. 

In the present case, the trial court is attempting to limit their order granting mistrial as to 

punishment only; however, as referenced above, a mistrial (even in the punishment stage)

effectively serves as an order granting new trial and returns the case to its original posture before 

trial commenced. See Bounhiza, 294 S.W.3d 780; and Huseman, 17 S.W.3d 704. As such, the postverdict mistrial in this case set aside the jury's verdict of guilty and a new trial shall be ordered. 
Page 8 of 11

State v. Garza, 774 S.W. 2d 724, 726 [holding a post-verdict mistrial returned the case back to its 

original posture, setting aside the guilty verdict and ordering a new trial granted].

III. TRIAL COURT DOES NOT HAVE AUTHORITY TO GRANT MISTRIAL AS 

TO THE PUNISHMENT PHASE ONLY

As noted above, the trial court is attempting to limit their order granting a mistrial as to the 

punishment phase only; however, the trial court lacks the authority to do so. State v. Bates, 889 

S.W.2d 306, 310 (Tex.Cr.App.1994); State v. Hight, 907 S.W.2d 845, 846 (Tex.Cr.App. 1995).

See also Bounhiza, 294 S.W.3d at 786; and Huseman, 17 S.W.3d 704 [holding trial court had no 

authority to grant a mistrial limited to the punishment phase only after plea of guilty].

In Bounhiza, the defendant was similarly convicted by a jury of sexual assault; however, before 

convening for punishment, defendant moved for a mistrial (based on ineffective assistance of 

counsel) and it was granted, returning the case to its original posture before trial. The State 

appealed, contending the trial court should have chosen to impanel a new jury for a punishment 

hearing rather than grant a mistrial. The Court of Appeals dismissed the State’s argument and held 

the trial court lacked authority to call a new jury for punishment hearing after the mistrial was 

granted wherein said ruling returned the case to the posture it was in before trial.

Furthermore, having established that an order granting a mistrial is the functional equivalent 

of an order granting a new trial, we can look to State v. Hight for further guidance. In Hight, the 

Court of Criminal Appeals is clear, the trial court cannot grant a new trial as to the punishment 

phase only [overruling the Court of Appeals who held a new trial as to punishment only (after jury 

returned a guilty verdict) served the “interest of justice” and would avoid wasting judicial assets]. 

Instead, Hight held only the appellate courts may grant new trials as to punishment. Hight goes on 

further to say that trial courts are not listed among the courts which may grant a new trial solely 

on the issue of punishment pursuant to TEX. CRIM. PROC. ART. 44.29, and had the legislature 
Page 9 of 11

intended for trial courts to have such authority, they would have included “trial courts” in the 

amendment to said article. Id. at 846, 847.

Based on the aforementioned, the trial court in this case lacked authority to grant a mistrial as 

to punishment only and the case should be returned back to its original posture before trial 

commenced (therein re-instating the bond). 

IV. EMERGENCY RELIEF IS NEEDED

The trial court is intending on proceeding with trial on Monday, January 4, 2016; however, 

Defendant believes it is imperative the trial court abate all proceedings to allow this Court to rule 

on this matter before proceeding to a trial on punishment.

PRAYER

Pursuant to the aforementioned, Defendant, Andrew Pete respectfully prays this Court grant 

this Request for Emergency Stay, grant this Petition for Mandamus and order the trial court to 

vacate the verdict of guilty, release Mr. Pete from custody and return the case to its original posture 

and proceed with a new trial.

Mr. Pete further prays for any and all other relief as appropriate and to which he is entitled.

Respectfully Submitted,

 /s/ Scottie D. Allen

Scottie D. Allen

4144 N. Central Expressway

Suite 650

Dallas, Texas 75204

Telephone: (214) 824-7711

Facsimile: (214) 824-7714

SBN: 01058020

ATTORNEY FOR RELATOR
Page 10 of 11

CERTIFICATION

Pursuant to Texas Rule of Appellate Procedure 52.3(j), undersigned counsel certifies that he 

has reviewed the petition and concluded that every factual statement in the petition is supported 

by competent evidence included in the appendix.

 /s/ Scottie D. Allen

Scottie D. Allen

Attorney for Relator

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing Petition for Writ of 

Mandamus and Motion for Emergency Stay was served on the following parties via hand delivery

on this the 16th day of December, 2015.

RESPONDENT

Honorable Brandon Birmingham

292nd Judicial District Court

Frank Crowley Courthouse

133 N. Riverfront Boulevard, 6th Floor

Dallas, TX 75207

PARTY IN INTEREST

Dallas County District Attorney

Susan Hawk

Frank Crowley Courthouse

133 N. Riverfront Boulevard, 11th Floor

Dallas, TX 75207

Telephone: (214) 653-3600 

Facsimile: (214) 653-5774

 /s/ Scottie D. Allen

Scottie D. Allen

Attorney for Relator
Page 11 of 11

THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

In re Andrew Pete

292nd CRIMINAL DISTRICT COURT

Cause No(s): F1233559; F1233560; F1233561

APPENDIX

Relator submits the following documents in support of Petition for Writ of Mandamus:

Exhibit “A”: Trial Transcript, Volume 7, page. 131

Exhibit “B”: Writ of Habeas Corpus and Motion to Reinstate Bond 

Exhibit “C”: Order Denying Writ of Habeas Corpus and Motion to Reinstate Bond

 “Certified Copy”

Exhibit “D”: Notice of Appeal
THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

In re Andrew Pete, Relator

292nd CRIMINAL DISTRICT COURT

Cause No(s): F1233559; F1233560; F1233561

EXHIBIT “A”

Trial Transcript, Volume 7, page. 131
 1

MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

REPORTER'S RECORD 

VOLUME 7 OF 8 VOLUMES 

COURT CASE NOS. F12-33559-V, F12-33560-V & F12-33561-V 

THE STATE OF TEXAS * IN THE 292ND JUDICIAL 

 * 

VS. * DISTRICT COURT OF 

 * 

ANDREW PETE * DALLAS COUNTY, TEXAS 

********************************************** 

PUNISHMENT PHASE 

*********************************************** 

On the 28th day of April, 2015, the following 

proceedings came on to be heard in the above-entitled and 

numbered cause before the Honorable Quay Parker, Judge 

presiding, held in Dallas, Dallas County, Texas. 

Proceedings reported by machine shorthand method. 

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A P P E A R A N C E S 

MS. VERIME SUMMER ELMAZI 

Assistant District Attorney 

SBOT NO. 24042652 

MS. SNEHA PATEL 

Assistant District Attorney 

SBOT NO. 24035550 

Frank Crowley Courts Building 

133 North Riverfront Boulevard, LB 19 

Dallas, Texas 75207 

(214) 653-3600 

ATTORNEYS ON BEHALF OF THE STATE OF TEXAS 

MR. GEORGE WILLIAM TENNANT 

Attorney at Law 

SBOT NO. 24042016 

723 Main Street, Suite 704 

Houston, Texas 77002 

(281) 946-8042 

ATTORNEY ON BEHALF OF THE DEFENDANT 

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

CHRONOLOGICAL INDEX - VOLUME 7

PUNISHMENT PHASE

April 28, 2015 PAGE VOL.

Proceedings............................... 5 7 

State Witnesses Direct Cross VD Vol. 

Jasmyn Witherspoon 6 -- 7 

Rotonia Witherspoon 12 -- 7 

Cornisha Riley 17 22 7 

Patrice Riley 25 28 7 

State Rests............................... 29 7 

Defendant Admonished on Right to Testify.. 30 7 

Defense Witnesses Direct Cross VD Vol. 

Rayford Pete 32,47 38 7 

Elva Pete 49 -- 7 

Pastor Alan Patterson 61,78 66 7 

Audrey Marie Robinson 80 -- 7 

Defense Requests Motion for Mistrial...... 86 7 

Defense Witness Direct Cross VD Vol. 

Andrew Pete 91 120 7 

Court Grants Mistrial..................... 131 7 

Proceedings Concluded..................... 131 7 

Reporter's Certificate.................... 132 7 

Disclosure................................ 133 7 

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

ALPHABETICAL WITNESS INDEX

Witnesses Direct Cross VD Vol. 

Patterson, Pastor Alan 61,78 66 7 

Pete, Andrew 91 120 7 

Pete Elva 49 -- 7 

Pete, Rayford 32,47 38 7 

Riley, Cornisha 17 22 7 

Riley, Patrice 25 28 7 

Robinson, Audrey Marie 80 -- 7 

Witherspoon, Jasmyn 6 -- 7 

Witherspoon, Rotonia 12 -- 7 

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

P R O C E E D I N G S: 

(April 28, 2015; 11:36 a.m.)

(Open court, Defendant and jury present.)

MS. ELMAZI: The Rule's invoked.

THE COURT: Yeah. Anybody that's subject

to the Rule, anybody that's testified earlier and will be

testifying in this phase of the trial needs to step

outside in the hallway. We'll call you when it comes your

turn to testify.

(Witnesses exit courtroom.)

THE COURT: All right. Good morning.

(Responds.)

THE COURT: Again, ladies and gentlemen of

the jury, we're finally under way this morning. So sorry

for the delay. I think all of you have been well-informed

by Officer Tilton and myself of what our delays have been.

Glad to have you here. We're ready to start.

And you can be seated. Thank you.

And, Ms. Elmazi, would you call your first

witness.

MS. ELMAZI: Your Honor, at this time, the

State's going to call Jasmyn Witherspoon.

THE COURT: Okay. Ms. Witherspoon, come on

in, if you would, please, ma'am, right up here to the

witness stand.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

And I'd like for the record to reflect this

witness has been previously sworn, has previously

testified in this case.

Go ahead and have a seat there, please.

MS. ELMAZI: May I proceed, Judge?

THE COURT: Yes, ma'am, please.

MS. ELMAZI: Thank you.

JASMYN WITHERSPOON,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MS. ELMAZI:

Q Jasmyn, I know you testified for us once before.

Once again, will you please state your name and spell it

for the record.

A My first name is Jasmyn. That's spelled

J-a-s-m-y-n. My last name, Witherspoon. That's

W-i-t-h-e-r-s-p-o-o-n.

Q And you are the same Jasmyn Witherspoon who

testified in the guilt/innocence portion last week; is

that right?

A Correct.

Q Okay. And so the same rules apply. You're

under oath, okay?

A Okay.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q And -- so late yesterday afternoon were you in

the courtroom when the jury rendered their verdict and

found the Defendant guilty of each of the indictments

involving you as the complainant?

A Correct.

Q And you understand this is the punishment

portion?

A Yes.

Q All right. So, Jasmyn, you told us last week

that you were employed?

A Yes.

Q All right. Now, I want to focus specifically on

how the Defendant's actions have affected your life since

you were 12, all right. I want you to tell this jury how

it's affected you on a day-to-day basis, week-to-week

basis, etc. Can you do that for us today?

A I can.

Q Okay. Tell this jury what's gone on in your

life.

A All right. Well, growing up I dealt with

anxiety. I went through moments where I was depressed. I

had my highs, and I had my lows. But when I was a

teenager, I held everything in. So people that I went to

school with, they didn't know exactly that I was going

through anything. They didn't even know that I wasn't a

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

virgin. They thought I was a virgin because I held

everything in so much. But once I got to a certain age

and once I talked to my mother about things, I just broke

down. And, eventually, I did go to counseling. That's

not something that I wanted to do because I felt like me

talking about things from my past is just going to make

things worse. So I did end up -- stopped going to

counseling. I may go back again because I -- I know that

it's something that I do need. I still go through

depression -- depression sometimes. I have -- I doubt

myself at times because of those things that I've gone

through. And sometimes I am a bit paranoid.

Q Okay. So let's talk about some of those things

you just told the jury about. You told us you go through

depression. What makes you depressed?

A Well, just thinking about the things that I've

done, things that were done to me. That's nothing that a

young girl should have to go through. Even the fact

that -- even when he wasn't around, I still dreamt about

him. Whether it was a good dream or a nightmare, he was

in my dream. I didn't want him to be in my dreams. And

that led me to feel like I wasn't worthy. Just him

comparing me to certain porn stars or having me watch

those things, touching my body and me allowing it, made me

feel like I was somebody -- I don't know -- off the

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

streets. Maybe like a -- I'll say the word -- a whore.

It made me feel like a whore.

Q So you were under the age of 17 when he did all

these things to you; is that right?

A Right.

Q And you understand you were a child --

A Yes.

Q -- right?

A Correct.

Q So why do you feel like you're responsible for

this grown man's actions on you?

A At the time I felt like I was the only one that

he was doing those things to. And I -- I knew that he had

a sickness. I knew there was something wrong with him.

And I felt bad for him. It seemed like he was addicted.

I felt like a drug lord that's continuously giving this

drug addict drugs, knowing good and well that that's

something that is hurting him.

Q Now, you also talked to us about feeling

paranoid. What does that paranoia mean? What exactly do

you mean when you say that?

A Well, there are times where I just don't -- I

just didn't feel safe knowing that, okay, this guy is

hurting -- he hurt me as a young girl, sexually. He

sexually abused me. And whenever I found out, okay, this

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

is something he did to someone else and he's still out

there -- he's not in jail -- and I knew how controlling he

was and how he would just kind of pop up, so I would be

paranoid that maybe one day he's just going to show up and

I wouldn't know how to react or it would just be me and

him.

Q Has it been traumatizing being here the last two

weeks, having to see him on a day-to-day basis?

A I'll be honest, at first, I was afraid. I was

very traumatized. But as of now, seeing him and -- this

is how I truly feel. I feel that -- just hearing all the

lies, he's a coward. And I feel stronger. And I'm not

afraid. 

THE WITNESS: I'm not scared of you.

MS. ELMAZI: Judge, I'll pass at this time.

THE COURT: All right. Thank you.

MR. TENNANT: Your Honor, we have no

questions for this witness.

THE COURT: All right. Thank you, ma'am.

You can step down.

Call your next witness, please.

MS. ELMAZI: Your Honor, may

Ms. Witherspoon be excused from the Rule?

THE COURT: Yes.

Any objection to Ms. Witherspoon being

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

excused from the Rule?

MR. TENNANT: No, ma'am, she can -- I mean

no, sir.

THE COURT: Thank you, Ms. Witherspoon.

You're free to stay in the courtroom. You're excused.

MS. ELMAZI: Your Honor, at this time, the

State's going call to Tonia Witherspoon.

THE COURT: Okay.

MR. TENNANT: Your Honor --

THE COURT: Yes.

MR. TENNANT: -- just for a second.

Briefly.

(Witness enters courtroom.)

THE COURT: Come on in, Ms. Witherspoon.

Go ahead and have a seat on the witness stand for me, if

you would, please.

(Bench conference; off the record.)

THE COURT: Officer Tilton -- 

THE BAILIFF: Yes, sir.

THE COURT: -- could you take the jury into

the hall for just a moment here --

THE BAILIFF: All rise.

THE COURT: -- and let me take care of a

little situation here.

THE BAILIFF: Yes.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

THE COURT: Thank you, Ms. Witherspoon.

You can just step out for a minute.

(Court in recess; 11:45 - 11:49 a.m.)

(Open court, Defendant and jury present.)

THE COURT: Thank you, Ms. Witherspoon. 

You may be seated. 

Ladies and gentlemen, be seated. I'd like

for the record to reflect this witness has been previously

sworn and has previously testified.

MS. ELMAZI: May I proceed, Judge?

THE COURT: Ms. Elmazi.

MS. ELMAZI: Thank you.

ROTONIA WITHERSPOON,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MS. ELMAZI:

Q Good afternoon -- or morning, I guess, still,

Ms. Witherspoon. Once again, state your name and spell it

for the record.

A Rotonia Witherspoon; R-o-t-o-n-i-a,

W-i-t-h-e-r-s-p-o-o-n.

Q And you are the same Rotonia Witherspoon who

testified last week and has been testifying in these

proceedings; is that right?

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MARISSA GARZA, OFFICIAL COURT REPORTER

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A Yes.

Q Okay. Now, Ms. Witherspoon, you were here in

the courtroom yesterday and heard the jury render their

verdict of guilty in each of the indictments; is that

right?

A Yes.

Q Okay. And you know that at this point we're in

the punishment phase. And this is your opportunity to

explain to the jury how the Defendant's actions have

affected your life and your daughter's life. Will you

please do that.

A Well, since learning what happened to my

daughter, I have not dated. I won't date. I feel guilty

for even having the desire or the ability to date. My

daughter is 23 years old. She's never dated. The only

experience she's had with a man is from someone who

molested her. So dealing with that every day, she second

guesses herself on everything. She doesn't do things that

a normal 23-year-old would be doing. We still live

together. She'd like to be more independent, but, of

course, I'm a little bit more -- I'm even more so

protective of her now. My daughter doesn't have the

confidence that she should have. She has a lot of support

from people. People think that she's a lot younger than

what she is. She's very -- very smart, mature, but she's

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MARISSA GARZA, OFFICIAL COURT REPORTER

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still a little innocent, because we've continued to

shelter her, my family and myself.

I'm not that old, but I act older than what

I am because of what we go through and what we deal with.

I'd like to be able to not have as much guilt, but I'll

take the guilt. I'll take the guilt if it means that my

daughter can move forward with her life, because I am

guilty because I invited this monster into my life. And

I'll have to deal with that for the rest of my life. And

that's fine. I'll take it, as long as she's able to be --

to grow up and mature and experience things and have

confidence and to feel safe. I'll take the guilt. I'll

carry it. And that's what we deal with each day, just

taking one day at a time, trying to enjoy life and trying

to grow.

Q You said you feel guilty. Why do you feel

guilty that this grown man hurt your baby girl?

A Because I encouraged her relationship with him.

I encouraged the father/daughter relationship. I wanted

her -- I wanted it so bad. I thought that it was in her

best interest, and I believed it when he said he loved her

like his child and when he asked her to call him dad. I

believed him. So I do feel guilty because as she was

growing, she was developing her own personality, and I

should have paid closer attention to that. So, yeah, I

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

invited him into my life, which -- I invited him into my

life, had a relationship with him. And this is what he

does to my child. So, yes, I do feel guilty.

Q How do you think his actions are going to

affect -- or let me ask it like this: Do you think his

actions, from all those years ago, are going to affect

your life and your daughter's life for the rest of your

lives?

A Yes. Because when I get to a point where if I

do meet someone or want to date, I have to explain to them

why there are certain things I just can't envision myself

doing, being affectionate, being intimate. Because the

thought of a man touching me makes me think of my daughter

being touched in that way as a child. And those are the

things that wake me up out of my sleep at night, so I'm

always going to have those images. Even though I never

saw it, I know it happened. So it's going to affect me

for the rest of my life and hers. And I just pray that

she'll be able to have a normal life, meet someone who's

patient -- it's going to have to be someone who's loving

and kind, who can accept and help her deal with the things

that she's been through.

MS. ELMAZI: Judge, I'll pass at this time.

THE COURT: All right. Any

cross-examination of this witness, Mr. Tennant?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

MR. TENNANT: No, sir. We have no

questions from this witness at this time.

THE COURT: All right. Thank you,

Ms. Witherspoon. You may step down.

MS. ELMAZI: May Ms. Witherspoon be excused

from the Rule at this time, Judge?

THE COURT: Any objection, Mr. Tennant, to

Ms. Witherspoon being excused?

MR. TENNANT: No, sir.

THE COURT: Thank you. 

Ms. Witherspoon, you may remain in the

courtroom. You're excused. 

Call your next witness, please, ma'am.

MS. ELMAZI: Yes, Your Honor. At this time

the State will call Patrice.

THE COURT: Patrice Riley.

MS. ELMAZI: I'm sorry. One moment, Judge.

THE COURT: Sure.

MS. ELMAZI: I take it back, Judge. We're

going to call Cornisha Riley first.

(Witness enters courtroom.)

THE COURT: All right. Thank you. Let the

record reflect that Ms. Patrice Riley has already been

sworn.

MS. ELMAZI: It's actually Cornisha Riley.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

THE COURT: Oh, I'm sorry. Cornisha Riley,

I'm sorry.

MS. ELMAZI: I switched it up a little bit.

I apologize.

THE COURT: I'm sorry, Ms. Riley.

THE WITNESS: Yes, sir.

THE COURT: Let the record reflect that

Ms. Cornisha Riley has already been sworn, has already

testified. 

You may proceed.

MS. ELMAZI: Thank you, Judge.

CORNISHA RILEY,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MS. ELMAZI:

Q Cornisha, state your name, again, and spell it

for the record.

A It's Cornisha Riley, C-o-r-n-i-s-h-a; last name,

R-i-l-e-y.

Q And you are the same Cornisha Riley that has

testified in these proceedings this past week and this

week; is that right?

A Yes, ma'am.

Q Okay. So I asked this earlier of the other

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

witnesses. But were you here in the courtroom yesterday

afternoon when the jury delivered their verdicts?

A Yes, I was.

Q And you heard the Defendant has now been found

guilty of all three offenses?

A Yes, I have.

Q Now, this is the punishment phase of trial. And

so understanding that the Defendant is not indicted for

the offenses involving you --

A Yes.

Q -- will you please tell the jury how the

Defendant has affected your life since 1999 and how it's

affected you on a day-to-day basis with what he's done.

A Honestly, I'm a lot more cautious about

everything that I do. I don't sleep at night, as I said

before; I don't. If I don't take something for my

insomnia, I don't sleep. Sometimes I don't take it on

purpose just to hear the creaks and cracks, if we have

visitors in the house. Because I don't trust anybody with

my little girl and my little boy.

It has me with PTSD and anxiety that I have

to take medicine for that hinders me sometimes. It

hinders me from being at work around a lot of people. I

can't focus if there's a lot of things going on, because

I'm trying to pay attention to everything. It's made me

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

be aware of a lot of things and how cruel the world really

is. Young like that, you don't look at things like that

until something tragic happens to you. You'll change your

whole logic, the way you're thinking of anything, really.

In the beginning, I rebelled so bad just

because I didn't want to live any more. I didn't want to

hold the weight on my shoulders. I didn't want my mom to

bear the pain. I didn't want her to feel like she failed

as a parent when she worked her butt off. And I feel like

this is what -- that's what was played against me to keep

me quiet. And it worked. Because even still when we're

going through all of this and she finally broke down to

me, I just had to scream and tell her, just stop, this is

why I didn't say anything. She's been through enough.

And I know it's supposed to be the other way around, but I

don't like to see my mom hurt.

My brother, he is still hurting from all of

this. He is rebelling, back and forth in jail, which is

why he couldn't be here for me. And when I asked him has

anything happened to him, he -- he still won't tell me.

He gets angry like I did when I was asked, so I don't

know. But I know he's not the same little brother at all.

Q Cornisha, you were about 12, 13 when all this

stuff happened, right?

A Yes, ma'am.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q And you finally -- you didn't say anything until

you were about 16?

A Yes, ma'am.

Q All of that time that the Defendant spent with

you, do you think that it has had an effect on your

day-to-day existence, even though he's never -- he hasn't

been in your life since you were 16?

A I watch over my back all the time. I watch over

my back all the time. And it was because -- even after

everything was said and done and he was out of the

picture, I still got private phone calls. I still -- you

know, I was at work at Walmart and he found me at work at

Walmart. Found out I was at the beauty college I was at.

I -- it's like I couldn't escape it. And I remember us

talking when his brother handed me the phone and I let him

know I forgive him. I have to. Because as long as I held

on to that grudge -- I was angry. I was hurt, and I

didn't want to take that out on my children. I didn't

want to be impatient with them. So I had to get on my

knees and pray about this hard. It took a couple of

years.

Q Do you forgive him for what he did?

A I don't know if I can say this, so please stop

me if I go too far. The only reason I forgive him is

because I feel he's -- don't have his right mind hisself.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

If you watch your father mess with your sister every day

and get beat for being caught with it, I don't know how my

mom would be either. That's the only reason why I prayed

every day that it just go away, why can't I just have the

good stepfather that I had at one point. 

THE WITNESS: Why did you have to take it

there? You ruined that for me. You ruined that for me.

A And then I don't even trust my own dad with my

kids. I don't. He cannot have them alone. I'm sorry.

Q (By Ms. Elmazi) Has it been hard seeing him

every day the last two weeks?

A Honestly, I -- if I get in trouble for this, oh,

well -- since I was revoked and I got back on my probation

and I'm doing good, this week I have been drinking every

day because even my sleeping pills don't put me to sleep.

I've been drinking at night. It helps wind me down, clear

my mind.

Q Why have you -- you know you can be sent to jail

for doing that?

A Dealing with this and everything in my head --

if it wasn't for my children, I, honestly, wouldn't care.

I wouldn't care if it wasn't for my babies that I have to

be out here and be right for. Because to try to deal with

this every day in your head, it takes a toll on you. I'm

only 27, and I feel like I'm -- I feel like my body is 50.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

MS. ELMAZI: I'll pass at this point,

Judge.

THE COURT: Any questions, Mr. Tennant?

MR. TENNANT: Unfortunately, Yes, Judge.

THE COURT: Okay. Go ahead.

CROSS-EXAMINATION

BY MR. TENNANT:

Q You said something earlier that -- I didn't

really want to ask any questions. But are you saying that

your own -- your own issue right now is your probation and

that's why you're making the statement on the stand? We

talked -- the -- he's been found guilty. And we're

talking to you now. Are you -- maybe I misunderstood.

When you said that if you get in trouble, oh, well, what

were you talking about?

A Excuse me? As far as my probation.

Q Is that --

A And I'm not suppose to have a drink.

Q Is that the only --

A That is the only thing that I'm doing that I

have no business -- if that's what you're referring to.

Q So -- we're in punishment, okay. You're saying

that there's nothing else pending that you're -- that

you're trying to avoid?

MS. ELMAZI: Judge, I'm going to ask to

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

approach at this time.

MR. TENNANT: She opened the door on this.

MS. ELMAZI: No. 

Judge, I'm going to ask to approach at this

time.

THE COURT: Come on up here.

(Bench conference; off the record.)

THE COURT: All right. Ladies and

gentlemen of the jury, if you'll disregard the last

statement of the witness.

MR. TENNANT: And for purposes of clarity,

disregard is about the drinking and the --

THE COURT: About the drinking and

probation and whatever it was she just said.

MR. TENNANT: Okay.

THE COURT: Okay?

MR. TENNANT: Yes.

Q (By Mr. Tennant) You said -- one thing that I

heard for the first time -- this is more so for us -- my

piece of mind, actually. You said your brother --

watching your brother -- watching your dad molest your

sister. What did you mean? Could you elaborate, please?

A Watching the dad molest his sister.

Q Watching your dad molest your sister and getting

beat because of it. What was that about?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A I didn't say that I watched my dad molest my

sister. I said I felt sorry for Andrew Pete because his

father molested his sister growing up, is what I said. He

cried to us about that --

Q And you knew --

A -- that he hated his father so much because of

what he was doing to his sister. But yet -- and still he

turn around and do it worse because he know the outcome of

what had -- what happened with her, how she took it. And

he didn't care to do it to me --

Q No one's --

A -- or Jasmyn.

Q No one's heard that before, but thank you very

much.

MR. TENNANT: No further questions.

THE COURT: Any further questions of this

witness?

MS. ELMAZI: Nothing further from this

witness, Judge.

THE COURT: All right. Thank you, ma'am.

You can step down.

MS. ELMAZI: Your Honor, at this time the

State's going to call Patrice Riley.

THE COURT: Any objection to this witness

being excused from the Rule?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

MS. ELMAZI: No, Judge.

MR. TENNANT: Absolutely not, Judge.

THE COURT: Okay. Thank you. 

You're excused from the Rule, Ms. Riley.

(Witness enters courtroom.) 

THE COURT: Come in, Ms. Riley, if you

would, please, ma'am. Just come on down here to the

witness stand. Have a seat.

I'd like for the record to reflect this

witness has been previously sworn and has previously

testified. 

Go ahead and have a seat there for me,

please, ma'am. Thank you. 

You may proceed.

MS. ELMAZI: Thank you, Judge.

PATRICE RILEY,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MS. ELMAZI:

Q Good morning -- or good afternoon, Ms. Riley.

Would you please state your name and spell it for the

record?

A Patrice Riley; P-a-t-r-i-c-e, R-i-l-e-y.

Q And are you the same Patrice Riley who just

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

testified in the proceedings in the guilt/innocence

proceedings against the Defendant, Andrew Pete?

A Yes, I am.

Q All right. And so you're still under oath?

A Yes.

Q Okay. Now, Ms. Riley, were you in the courtroom

yesterday when the Defendant was found guilty of all three

offenses involving Jasmyn?

A Yes, I was.

Q This is the punishment phase of trial, okay, and

so this is an opportunity for the jury to know how the

Defendant's actions have affected you personally, all

right? So I want you to take a second and let them know.

A Throughout the trial?

Q Throughout -- well, how have the Defendant's

actions affected you on a day-to-day basis, a week-to-week

basis, et cetera?

A This situation has really, really, really taken

me into a depressed stage, to see my daughter go through

what she went through, you know, all these years. So

yesterday was a wonderful feeling for me. Because even

though this is not our case, I feel like he's at the

moment of being stopped. He can't do this to nobody else.

Praying that he won't do this to nobody else, because

those kids are innocent. He had no business touching on

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

none of those children. It's heart breaking. Because

it's like I -- it's -- he had already done it so it's

nothing I can do to take it back to help my baby, to help

heal her, but I had to get on my knees and ask God for

forgiveness to forgive him in order for me -- not only me,

to be able to pick her up, for us to move on with our

life. Because if not, it's like he would have still won.

It was like he still winning and taking control of both of

our lives. I had to forgive him for my own self because

it broke me down so bad. I've never been -- I've been

hurt in my life, but this right here, it made me feel like

I wanted to die, to allow someone to hurt my child. I

never wanted no one else in my house after that. I never

allowed another man to stay in my house until my children

got grown. I didn't trust nobody. It was -- it was -- it

was -- I was afraid. I didn't want it to happen to

nobody -- you know, I have grandkids now. God forbid if

it happened to one of them. I don't want to go through

this ever again in my life, ever again in my life.

Q Do you think that the Defendant's actions have

had horrible -- or continue to have an effect on you and

your daughter's life -- lives?

A I really believe this has kind of -- for me to

be here for this day, to see him in court, it's -- I was

already trying to heal, but this is really going to help

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

me heal. My county failed me, but Dallas, I appreciate

y'all so much for allowing me and my daughter to be able

to sit in this because he deserves punishment. He

deserves to be punished for what he did to these girls.

It's heart breaking to see them. It's like when you look

at them -- even to look at the other little girl,

it's like -- I remember my daughter -- my daughter's --

the look that she have right now, my daughter had that

same look for a long time. You know, like shame -- like

she's shamed to be in front of people or didn't want to

say too much in front of people, you know. Don't trust

people. They shouldn't have to go through that. It's --

it's just not -- it's not fair.

Q Thank you.

MS. ELMAZI: Judge, I'll pass at this time.

MR. TENNANT: Just one follow-up question.

THE COURT: Yes, sir. Go ahead.

CROSS-EXAMINATION

BY MR. TENNANT:

Q Did you and Cornisha talk about any possible

trauma between Andrew, his sister and his dad?

A Have we talked about the trauma that they had?

Q Yeah.

A Yes, we've -- we've heard about the trauma in

his family.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q When?

A When he told us.

Q When was that?

A I can't remember dates.

MR. TENNANT: Nothing further, Your Honor.

Pass the -- thank you. Thank you.

THE COURT: Anything further?

MR. TENNANT: Thank you for your time.

MS. ELMAZI: Nothing further from this

witness, Judge.

THE COURT: All right. Thank you, ma'am.

You can step down. 

And may this witness be excused?

MS. ELMAZI: Yes, Judge, no objections.

MR. TENNANT: No objection, Judge.

THE COURT: All right. Thank you. 

You're -- you are excused, Ms. Riley.

MS. ELMAZI: Your Honor, and ladies --

ladies and gentlemen of the jury, at this time the State

will rest.

THE COURT: All right. Ladies and

gentlemen of the jury, I know we just got started good,

but it's 12:15. I know you're getting hungry. So we're

going to break here for lunch. I'm going to shorten your

lunch period up a little bit. Let's take an hour -- just

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

an hour. Can you be back at -- it's 12:15 now. Can you

be back at 1:15, and then we'll continue with the

punishment phase, all right? See you back here in an

hour.

(Court in recess; 12:15 - 1:28 p.m.)

(Open court, Defendant present, no jury.)

THE COURT: Let the record reflect this

hearing is being held outside the presence of the jury for

purposes of admonishing the Defendant on his right to

testify. And, also, his right to -- under the Fifth

Amendment to not testify. 

And, again, Mr. Pete, you understand that

I -- as I told you early --

Hold on just a second.

THE BAILIFF: Yes, Your Honor.

THE COURT: As I told you earlier, you have

an absolute right to testify in this case, if you choose

to do so. In the event that you don't choose to do so,

you have an absolute right, under the Fifth Amendment, not

to testify. And would you please let me know if you

intend to testify in this phase of the trial or not?

THE DEFENDANT: I do, sir.

THE COURT: You do plan to testify. All

right. Very good. Thank you.

We're ready, Paul.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

THE BAILIFF: Yes, sir. 

All rise.

(Jury enters courtroom; 1:29 p.m.)

THE COURT: Thank you, ladies and

gentlemen. Be seated, please.

All right. And welcome back, ladies and

gentlemen of the jury. We're ready to go and finish up

this afternoon. 

Mr. Tennant, call your first witness,

please.

MR. TENNANT: Yes, Your Honor. The

State -- the Defense calls Rayford Pete, Your Honor.

THE COURT: Okay. Rayford Pete, please.

You'll probably have to grab him since both of my bailiffs

are occupied.

(Witness enters courtroom.) 

THE COURT: Come in, Mr. Pete, once again,

for me, please, sir. Just come on up here to the witness

stand. 

I'd like for the record to reflect this

witness has been previously sworn. 

Mr. Tennant --

MR. TENNANT: Yes.

THE COURT: -- you may proceed.

RAYFORD PETE,

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MR. TENNANT:

Q Mr. Pete, the jury, after much deliberation, has

found your brother guilty of the charges as accused, based

on evidence they have. How do you feel about that?

A I think that the jury, with what they were

presented, done a great job. I have no ill will towards

none of them. I don't have to like it, but y'all done a

fair job. And it hurt. It hurts.

Q Now, for purposes of the record, I found out

something for the first time a few minutes ago. And --

can you tell me a little bit about you and Andrew growing

up as kids?

A We the -- we the youngest of seven. I've heard

Ms. Summers [sic] called my brother a monster. We grew up

where our father was molesting his sister. My brother,

the baby, was the only one there that tried to protect

her.

Q Mr. Pete -- I'm sorry -- how old were you was --

A We was --

Q Did he -- first of all, I got to say this for

selfish reasons. Why am I just now hearing about this and

from a -- a State's witness at that?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A My brother have always been -- tried to be a

protector of everybody. Some people -- he didn't want to

go into our family history because it is a hurting thing.

And -- like I said, for him to be the youngest --

Q How old was he, Mr. Pete, when he -- 

A When all this first started, he couldn't have

been no more --

Q -- when he fought your dad?

A He couldn't have been no more than, maybe, 11,

12 years old.

Q And how old were you -- well, how old were you

at that time?

A I was a year older than him. So if he was 11, I

was 12.

Q And your dad, is he small, big?

A If you can see, we're both not -- we're not

small men.

Q He's bigger than y'all?

A At that time, yes. 

My dad would take my brother, put him in a

closet and beat him like a grown man. It's -- we have

talked over the years. We've shed a lot of tears.

Q Okay. I'm -- I'm -- let me ask the next

question and just try to answer -- but you can talk,

please. So why do you believe -- I mean, if y'all -- he

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

was beaten by your dad. Did he -- did you tell me earlier

that he saw him in the act?

A Yes. He caught him on more than one occasion,

yes.

Q And how old was your sister at this time?

A Had to have been about 13, 14. She was 13 --

13, 14. My brother, like I said, he was the only one that

actually tried to help, the only one.

Q Including you?

A Including me, even though we was a year apart.

I just -- as a kid, it's hard to wrap your mind around

something like that. And, like I said, I heard Ms. Summer

call him a monster. I seen a true monster. That's not

one; that's not one. I respect what you did with the

evidence that was presented.

Q You've said -- you've said that now. I

understand that. But I've been pretty hard on --

especially, one of the State's witnesses. And I just

assume this was another lie. So how did Patrice and

Rotonia -- Rotonia know about this, because they -- they

knew about this?

A Latonia [sic] knew. My brother actually --

Q Personal knowledge.

A Yes, this is personal knowledge.

Q Only personal knowledge.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A Yes. She came home to Lake Arthur from the

little town we from in Louisiana and we was all sitting in

my mom and dad front room when it was discussed.

Q Who is "she"?

A Ms. Tonia. Is that her (indicating)? 

Q Jasmyn's mom?

A Yeah, Jasmyn's mom. And this was talked about

in our front room. And -- I'm 46 now. It's not something

you get over. It's not something that you forget about.

He's always been a protector of my -- my sister.

Q So he fought to keep -- just to be clear, he --

fought -- he -- was -- was he molested? Because that's

what -- that's what -- that was the impression I kind of

got. There was a third rail not being said. Is that the

case?

A No, no.

Q So --

A He was physically abused. He --

Q For -- for stopping molestation?

A For trying to stop it, trying to.

Q That explains -- I'll ask him then. That

explains the MMA, I guess.

A Yes.

Q Rayford, I had to go on the record with this for

my purposes because this is something I should have known.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Now, is there anything else you need to tell us that I

should have known about earlier?

A Like I said, he's -- he's not a monster. He's

not a monster.

Q I forgot the purpose -- if you can -- there was

some things we talked about. What was I -- we talked

about some questions I was supposed to ask you. Please

help me with one of those so I can get back on track.

A Yeah. Give me -- give me a second, George.

Give me a second. My -- my brother grew up -- my kids --

excuse me -- my kids grew up around my brother. I got two

girls.

Q How old are they? That's what I -- yes, thank

you.

A My oldest girl is 20 -- 24. My youngest girl is

20.

Q Why aren't they here today?

A My youngest one her and her fiance couldn't make

it because she's pregnant. And because of her condition,

she couldn't take this trip back and forth. My oldest one

is fixing to graduate from A&M in a couple of weeks.

Q Congratulations.

A And she had some final stuff she had to prepare

for. And my baby boy is in school.

Q Okay. Oh, I promise I was going to be short,

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Rayford, so I'll give you a chance to ask a few more. But

this jury specifically was seated out of -- because they

said they could consider the full range of punishment.

What are you asking for today? That's something I was

supposed to ask you. And I'm sorry.

A I'm asking that you give him probation. He have

never had a prior anything. This is his first. And I'm

asking you to please consider that, please. Please give

him chance to keep doing -- everybody that know him now

know who he is, what kind of man he is. All I'm asking is

to please give him a chance, please. That's all I'm

asking. He's going to get -- he won't even get to see my

son play peewee football, baseball, anything, no more.

That's done with. He'll never be able to see his nephew

do none of those things no more.

Q I'm going to keep you on point. I'm gonna --

that sounds -- I can assure you somebody from the State is

going to say, well, what about the victims in this case,

they lost a lot more, based on the evidence presented

anyway.

A Ms. Summers asked me, at the beginning, if

the -- if the State proved that -- beyond a reasonable

doubt, would I be able to accept it. Yes, I can accept

that. All I'm asking now is that you please take into

consideration the man that he is. Please -- he's my

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

brother and I love him and I know what kind of man he is.

I know what he is. I'm just asking you that -- to give

him a chance.

MR. TENNANT: Thank you. Pass the witness.

Your Honor, for purposes -- for purposes of the record --

I don't know if I can -- I don't know the answer to this.

But can you take judicial notice about the fact that I'm

just finding this out under penalty of perjury?

THE COURT: I believe you just found it

out.

MR. TENNANT: Thank you, Judge.

THE COURT: Okay. Cross-examination.

MS. ELMAZI: Thank you, Judge.

CROSS-EXAMINATION

BY MS. ELMAZI:

Q Okay. Mr. Pete, let me make sure I understand.

There were seven children in your family; is that right?

A Yes.

Q And I don't have my notes in front of me. But

what was the age range between the oldest and youngest?

What's the age difference?

A I want to say (inaudible) should be -- 

THE REPORTER: I'm sorry?

A Thomas -- Thomas Pete, Jr. He should be at

least 60.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q (By Ms. Elmazi) Okay. So who-all lived in your

house growing up when you lived with your brother?

A We was the youngest. So by then it was just me,

him and my two sisters.

Q What are your sisters' names?

A Stella -- Stella Ann Pete and Adele Pete.

Q And which sister was it that was molested? 

A Adele.

Q Adele. And your father actually had a child

with your sister; is that right?

A I don't know if that's -- no, that's not --

that's not right.

Q So you're saying that your father did not get

your sister pregnant?

A No.

Q Okay. So Adele is two years older than your

brother?

A Two -- no, no. Adele might be two years older

than me. Might -- I think she's three years or four years

older than him.

Q Okay. So who-all lived in your house? So it's

Stella, Adele, you and Andrew?

A Right.

Q And your parents?

A Right.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q Your mom and your dad?

A Right.

Q And so your father hurt or molested your sister,

Adele?

A Yes, ma'am.

Q And do you know how old you were when you

realized that was happening to Adele?

A I was quite young. I want to say, ma'am, I was

about maybe -- say in the range of 11, 12, something like

that.

Q So 11, 12. So your brother...

A Was about 10 or 11.

Q Okay. And Adele was how old -- and how -- how

old was she when it started, if you know?

A I can't -- I can't say precisely when it

started, but I believe she was around 13, 14 years old.

Q And it went on for how long?

A I would have to say at least until -- maybe a

sophomore in high school.

Q So it went on till she was about 16?

A 16, 17, yes, something like that.

Q All right. So you said it started when she was

about 12 or 13?

A Yes, ma'am.

Q Until she was 16 or 17?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A Uh-huh.

Q And you know that the ages of Jasmyn and

Cornisha were about 12 or 13 when the Defendant did that

to them. Are you aware of that?

A No, ma'am, I didn't.

Q So you said your brother tried to stop your

father from hurting your sister?

A Yes, ma'am.

Q How old was he when he tried to do that?

A Like I said, he was about around 10 -- 10 or 11.

Q Okay. How did he stop your dad from trying to

hurt your sister?

A The best a kid can, just -- just grab -- grab

hold of what you can and --

Q Tell me about a time that he tried to stop your

dad from molesting your sister.

A Okay. There was one time -- they was in the --

we had a living area -- a living room area. And we was in

the back room. And he heard my sister kind of crying.

And when he walked in there, he seen my old man on top of

her. And he hollered at him and then he jumped on him.

Q Who hollered on who?

A My brother did.

Q And who jumped on who?

A He jumped on my dad.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q And then what happened?

A That's when my dad hit him, pushed him down.

Q Okay.

A From that forward, I just turned my head and

went back into the room.

Q Okay. So you saw this happening, too?

A Seen what --

Q You saw your sister -- 

A Yes, yes, ma'am.

Q -- being molested by your dad?

A Yes, ma'am. Yes, ma'am.

Q So your brother tried to stop -- stop him one

time or more than one time?

A That's the one time I recall, ma'am.

Q Okay. And you think he was about 10 or 11 when

that happened?

A Yes.

Q Okay. So did your other sister, Stella, did she

know what was going on in the house?

A To my knowledge, no. Not at the time, no.

Q Now, Mr. Rayford [sic], do you have any criminal

history?

A No.

Q Have you ever been accused of aggravated sexual

assault of a child?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A No, ma'am.

Q Do you have any allegations involving your own

daughters?

A No, ma'am.

Q So you knew this was going on with your dad and

you didn't end up to be a child molester, did you?

A No, I did not.

Q Okay. So this man who supposedly went to go

protect your sister, he had no qualms about hurting these

girls, right?

A I mean, what -- what do you want me to say? I

mean --

Q Well, I want you to answer the question. This

man who stands here and who's been convicted of aggravated

sexual assault of a child --

A Right.

Q -- who you say witnessed these vile acts that

happened on your sister --

A Yes, ma'am.

Q -- and they are indeed vile --

A Yes, they are.

Q -- you didn't end up a child molester and you

saw the same things happening, but your brother did. So

why does he get a break for that? Tell this jury why he

deserves a break for that when you didn't do it.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A Ma'am, all I'm asking for is to give him a

chance.

Q So tell this jury how -- you two grew up in the

same --

A I -- 

Q I want you to listen to my question.

A I understand what you're saying.

Q You two grew up in the same household. And what

your dad did, he should have been convicted for it.

Wouldn't you agree with that?

A Yes.

Q He should be punished for what -- 

A Yes.

Q -- he did to your sister, right?

A Yes.

Q But you grew up in the same household and you

didn't do that to someone else. So why does your brother

deserve probation when you didn't even do anything -- and

you saw the same things happening?

A I think he deserve probation. Because, like I

said, this is his very first offense, very first. There's

nothing else that said he did this 300 times or 400 times.

This is his first offense. And as the man that I know he

is, if you give him a chance, he will abide by everything

that the probation tells him to do. I know he will.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q The fact is, Mr. Pete, this is the first time

your brother's been held accountable. It's not that he's

never done this before. It's the first time he's been

held accountable; isn't that right?

A You're asking me to say if he ever done it

before?

Q Let me -- let me clarify my question.

A Okay.

Q The Defendant was charged and indicted by the

Dallas County District Attorney's office and this jury

yesterday convicted your brother of committing --

A Right.

Q -- offenses against Jasmyn Witherspoon.

A Right.

Q Okay. It's the first time he's been held

accountable. Just because it's the first time he's been

held accountable doesn't mean it's the first time he's

been -- been caught.

A Well, I can't -- I can't speak on what -- I

mean, I can't speak on something that you're saying he

did. I mean, are you saying that he was -- he did it

before?

Q Well, yes, I am saying that he did it before.

You're aware of Cornisha -- of Cornisha's statements and

allegations, right, against your brother?

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

A But that's what it is. It was allegations. I

didn't know he was convicted for that, too.

Q Okay. But he never got -- he was never held

accountable for Cornisha's cases, right? You understand

that? Temple never held him accountable for those cases?

A Right. I mean, from what I understand, he was

never questioned about what happened in Temple.

Q Why is it that you didn't try to stop your

sister from being hurt?

A Because I was young. And I guess -- I was

scared. And then after what I saw, what happened to him,

I didn't want it to happen to me. I didn't want to get

beat.

Q Was your father ever charged or convicted for

what he did to your sister?

A No.

Q So your sister never got justice?

A No.

MS. ELMAZI: Okay. I'll pass the witness,

Judge, at this time.

THE COURT: Okay. Any further questions?

MR. TENNANT: Just one.

THE COURT: Yes, sir. Go ahead.

REDIRECT EXAMINATION

BY MR. TENNANT:

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

Q Did -- you told me -- in the past you told me

that Andrew was beaten a lot. I didn't -- Pete -- I

didn't know -- was that his last beaten -- or what's the

worst beating you saw him take after that date, I guess?

A Like I said, as a kid, he -- he took the blunt

of the old man's hatred. He took the blunt of everything.

The old man was mad at something. He took the blunt of

everything.

Q And you're a year older?

A Yes. I was considered the quiet one.

Q How -- what was he considered?

A If he saw something that was wrong, he spoke out

against it. And you just -- you just didn't do that with

the old man. You can see him doing something wrong, but

you don't speak out against it.

Q Now, I want to make sure the jury understands

your standpoint because I thought it was really important.

Do you agree with the verdict the jury made, based on the

evidence they have?

A Based on what you have, I agree, yes, I do. I

hold y'all no ill will. You've done your job. Now I'm

asking you to please give him a chance.

Q Now, let's deal with the 800-pound -- 250-pound

gorilla in the room, I guess. You're saying, based on the

information you have, you feel like there's some

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

information I should have gotten in?

A Yes. There's a lot of information that should

have went -- that should -- y'all should have gotten, a

lot.

MR. TENNANT: Pass the witness.

MS. ELMAZI: I have nothing further, Judge.

THE COURT: Okay. Thank you. Stand down,

Mr. Pete.

May this witness be excused?

MR. TENNANT: Yes, Your Honor.

MS. ELMAZI: I have no objections.

THE COURT: All right. Okay.

MR. TENNANT: We'll waive.

THE COURT: Mr. Pete, you can stay in the

courtroom.

Call your next witness, please,

Mr. Tennant.

MR. TENNANT: The Defense calls Elva Pete.

THE COURT: Okay. You might have to go get

her.

MR. TENNANT: Oh, yeah, right. Sorry,

Judge.

(Witness enters courtroom.) 

THE COURT: Come in, Ms. Pete. If you

will, please, ma'am, please stand here in the witness

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

stand here for me. Just go ahead and step up there and

have a seat please, ma'am.

Let the record reflect this witness has

been previously sworn and has previously testified.

Mr. Tennant, your witness.

ELVA PETE,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MR. TENNANT:

Q Okay. Elva, I talked to your brother. I really

didn't get a chance to talk to you. You've been the

peacemaker between me and your husband a lot. Why -- why

am I hearing about this from the State's witness for the

first time during punishment? And the "this" -- you know

what it is because you heard me talking to your brother.

A Say it again.

Q What -- why am I -- why is this the first time

I'm hearing about the fact that -- or the -- well, the

fact, yes, that his dad molested his sister; and,

apparently -- possibly got her pregnant and he was beaten

for it? Is that true?

A Yes.

Q And all those talks 1:00, 2:00 in the morning,

why am I -- why am I hearing about this now for the first

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

time --

A Because --

Q -- for the State bar? 

A -- one, it's hard to talk about that issue.

Secondly, it had nothing to do with him.

Q No, that's not -- that's not your call to make.

I'm not trying to be aggressive. You're my witness. I

appreciate this, but -- well, explain that, please.

A It's a hard issue to talk about.

Q All of this is hard to talk about.

A Yeah. And --

Q Go ahead. I'm sorry.

A That's not something -- how can I put -- 

Q For purposes of the record, what is the "that"?

I need you to say what you know to be the event I'm

talking about.

A Oh, with his father and --

Q How old? Give me some ages, times. What did he

tell you?

A Okay. His father -- growing up, Andrew was a

kid, his sister, older than him, would -- was molested by

his father. He, Andrew, would defend -- or try to defend

her. He was -- I think it started maybe around when he

was 8 or 9. And he would try to stop it and defend her so

she wouldn't be hurt. And -- but, of course, he's young.

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MARISSA GARZA, OFFICIAL COURT REPORTER

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He's a kid. There's only so much he can do. And he would

get beat for it -- I mean, abused for it.

Q You can get a chance to talk about this in a

second. Did he tell you this or did you hear this from

some -- some -- some other -- like some other family

members? Is this something you heard from him?

A I heard it from him.

Q Before I walked off at lunchtime, you told me,

briefly, when -- when did he tell you?

A He told me about three to four months within us

dating because he wanted me to understand the type of

relationship that him and his father had.

Q And what type of relationship was that?

A It was a strained one because his father looked

at him like -- like you know my dirt, you know, and -- and

you're trying to stop me from doing what I want to do, so

I don't like you. So it was a strain. His father didn't

like him and he had to deal with that growing up. 

Q So he took you around his father?

A Yes. I met his father. I met his mother.

Q The horse is already out of the stable for this.

But did anybody from the State's witness list know about

this --

A From the -- say that again.

Q -- like Jasmyn, Rotonia, Patrice, Cornisha?

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MARISSA GARZA, OFFICIAL COURT REPORTER

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A To my knowledge, Tonia knew and -- 

Q Tonia -- whose mother is that?

A Jasmyn's mother.

Q Okay.

A And Cornisha's mom, Patrice.

Q Now, physically, how -- how is your husband

doing physically, to your knowledge? You're not a doctor.

You're an engineer, but that's close I guess.

A He's not doing good. Physically, he has to deal

with the left hip replacement.

Q That doesn't sound very bad.

A But here's the thing, he was in the hospital,

having that replacement, and he had to go in and out of

the hospital because he passed out. Blood pressure went

way down. I thought I had lost him. Then there was an

issue with blood clots. Like I said, he can't take the

pill any more. He has to take shots twice a day. Blood

clots. I don't know if you know about it. But if a blood

clot travels to the wrong place, like your brain or to

your heart or to your lungs, it can kill you like that.

Q I'll let -- I'll let him explain in detail about

that when he takes the stand. And he's -- he's -- what

about -- what's your view -- I'm sorry -- I forgot to ask

the first question. How do you feel -- we've talked about

this last night. How do you feel about the verdict?

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MARISSA GARZA, OFFICIAL COURT REPORTER

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A I respect the verdict, based on what you guys

heard. You made the best choice that you felt that was

needed and I respect it.

Q So -- I mean, finish the -- the -- you know,

I'm -- my role. What did -- tell about the rest. You

said, what you guys -- what they heard. Let's make it --

let's keep it -- get it all out. It's the last day.

A There's just some things y'all haven't -- y'all

didn't get a chance to hear. There's still some things

y'all don't know. I don't even know where to start at. I

mean, it's just -- my husband, he -- he been nothing but

good to both of the women he dated prior to me, to both --

to all of the children that they had, especially to

Jasmyn. He treated her like -- not -- as if that was his

daughter. He acknowledged that. She acknowledged him as

being her dad. And it got to a place where she would come

and she would visit. She even wanted to move in with him

because she wanted to go to school at McNeese -- same

college I went to -- but that didn't happen because she

found out that we were getting married. She wanted to be

in the wedding. And my husband said, well, if your mother

approve of that, you're more than welcome to be in the

wedding. She called her mom --

Q Now, I got to stop you there because -- on

direct testimony earlier, you said that she walked out --

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MARISSA GARZA, OFFICIAL COURT REPORTER

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y'all were at a party --

A Yeah.

Q -- and she walked out to be alone.

A Yeah.

Q And then after the horse left the stable, why

did she walk out to be alone?

A Well, she went to talk -- you know, to have a

conversation with her mom.

Q About what?

A About the wedding, wanting to be in the wedding.

Q So that's why she isolated herself?

A Yeah. Well, to have that conversation. Yeah,

and she was just -- her mom disagreed and said all kinds

of things. And -- towards me, towards Andrew, towards her

own daughter, to the point where she was just distraught.

And me and Andrew had to deal with that. We had to deal

with her emotions and how she was feeling and all of that.

Q Anything else about -- what about -- have you

talked to his sister -- Audrey or Stella -- whatever the

name was?

A To whose sister?

Q Andrew's sister, the one that we were talking

about today.

A Yeah.

Q Stella? 

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MARISSA GARZA, OFFICIAL COURT REPORTER

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A Her name is Adele. 

Q Okay. I'm sorry. Have you talked to her about

this?

A I've talked to -- I talked to his mom and dad.

I've talked to the sister. It's -- everybody recognizes

in the family what happened. It's just that it's been a

strained relationship.

Q When you say everybody recognizes what

happened -- perhaps I should have asked this on direct --

but elaborate please.

A Okay. Her family knows what has happened with

the father and the daughter. The mom knows. The

brothers, the siblings, they all know. Like -- and they

all know that Andrew has tried to defend her. They all

know the strained relationship that he had with his

father. It's just -- it's a very complicated one. They

try to get along, but it's -- it's just not gonna happen.

Q Okay. This -- this keeps getting better.

Who -- who's Tamarin (phonetic)?

A Tamarin is Adele's daughter. Adele is the one

that was molested by the father. And Tamarin -- she lives

there with the father and Adele and the mom.

Q Okay.

A And she's also been put in that same position as

being molested and all of that. And my husband was the

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MARISSA GARZA, OFFICIAL COURT REPORTER

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one trying to get her out of it. And they told him that

there's nothing that he can do about it.

Q Who told him this?

A This was --

Q When you say "they," are you talking about

authorities?

A Authorities, yes.

Q So there's records of this?

A Yes. Child Protective Services, there is

records of the police department.

Q Why -- not -- not being aggressive, but why did

you hire me? I don't know any of this. I'm not attacking

you. I'm hurting. I mean, but -- they -- when did this

happen?

A We are -- huh?

Q When did this happen?

A When did what happen?

Q The police, the CPS, the Adele, Audrey's

daughter or whoever's daughter.

A Let me see. Let me think.

Q And he tried to intervene?

A This was maybe a year ago.

Q While this case was pending?

A Yeah.

Q So -- and now -- was there a fight with the DA

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in Jefferson Davis Parish about this?

A Was there what?

Q A fight with the DA in Jefferson Davis Parish.

A Yes. He called him and talked with him. And he

was -- they were arguing back and forth of trying to get

something to happen.

Q While this case was pending?

A Yes. And they wouldn't -- they wouldn't allow

him to come in and to do anything, even though he was a

family member.

Q Elva, I'm not trying to attack you. You're

really smart. You're smarter than me, but I wish -- wish

you would have trusted me a little bit more. Is that why

you don't trust me -- why -- why -- that's a good

question. Why wouldn't you tell me these things before --

before an hour --

MR. TENNANT: I mean, withdraw the

question, please.

Q (By Mr. Tennant) I'm sorry, ma'am.

What -- what was wrong with me? I know he

had a conspiracy theories about me, but -- working with

the State. But what about you? Did you feel the same

way?

MS. ELMAZI: Judge, I'm going to object to

going outside the scope --

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MR. TENNANT: I'm sorry. I'll withdraw the

question. She's -- she's right.

THE COURT: Sustained.

MR. TENNANT: I apologize.

Q (By Mr. Tennant) Okay. Why -- why didn't

you tell me this?

A That's not something we wanted to -- first, you

have to be careful in sharing that information with anyone

because they will use it against you. But I didn't want

what my husband's father did to follow my husband. He --

Q Because --

A It's -- that's not fair to him. You can't

say -- 

Q I'll explain during argument. I have no further

questions. I see where you're going. If you have

something else, please, I don't want to cut you off.

Please continue.

A My husband is a good man. He's -- I respect

him. I admire him. He's been through quite a bit growing

up as a kid, but I admire him for going through those

things and being the man that he is. He's loving. He's

compassionate. He's generous. He takes really good care

of me, and I take good care of him. He provides. He's

very -- he's a man of integrity. Like I said, I love him.

I respect him. And I do that because he earned it. He

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MARISSA GARZA, OFFICIAL COURT REPORTER

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earned respect. He demand -- he earned it for me. He was

very open and honest with me when we met. He didn't wait

to tell me anything. He shared that he was open with me.

And I love that about him. He's a good man. He protects

the people that he love. And he's fair and loyal to

people that he love. And he's not a monster.

Q Is that why he went into MMA?

A No. He went into MMA because that's the -- he

loves sports. He love the art.

Q Okay.

A Same reason why he boxed. He loved the sport.

He loved the art. Same why I play the piano. I love it.

Same for him.

Q Now, in regards to punishment, the jury's

seated, is the jury that passed through the filter because

they said they could consider if they believe from the

evidence presented, apparently, that Andrew Pete was

guilty beyond all -- beyond a reasonable doubt of some

horrific things against a child that you met. We respect

that. They -- they talked about that. They did a good

job. They asked a lot of questions. That's all you can

ask for. What are you asking from them now?

A Wait. I'm sorry. Repeat that.

Q That wasn't a good question. What -- having

found Andrew Pete guilty of some serious allegations that

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MARISSA GARZA, OFFICIAL COURT REPORTER

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apparently are true and will leave Jasmyn scarred for the

rest of her life, what do you -- what do you think a jury

should do about this, as far as punishment? They have

probation to 99 years on each count.

A I feel that they should do -- do in they heart

as they feel. You guys -- like I said, I respect the

decision. You do in your heart as you feel. That's all I

can say.

Q So...

MR. TENNANT: Pass the witness.

THE COURT: All right. Thank you. 

Cross-examination.

MS. ELMAZI: You know what, Judge, I'm

going to pass the witness. I have no questions.

THE COURT: All right. Thank you,

Ms. Pete. You may step down.

May this witness be excused?

MR. TENNANT: Yes, Your Honor.

MS. ELMAZI: No objections, Judge.

MR. TENNANT: No.

THE COURT: Thank you, Ms. Pete. You can

remain in the courtroom.

All right. Call your next witness, please.

MR. TENNANT: The State calls --

MS. ELMAZI: Defense.

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MARISSA GARZA, OFFICIAL COURT REPORTER

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MR. TENNANT: Old job. The Defense

calls -- I felt like one -- the Defense calls Reverend

Patterson. I got to go get him. I'm sorry.

THE COURT: Yes, sir.

(Witness enters courtroom.)

THE COURT: Come in -- Reverend Patterson;

is that correct?

THE WITNESS: Pastor Patterson.

THE COURT: Yes, sir. Come on up here to

the witness stand for me, if you would, please, sir.

Before you have a seat, if you'd raise your right hand to

be sworn.

(Witness sworn.)

THE COURT: Thank you, sir. Just go ahead

and have a seat there, please.

Mr. Tennant, your witness.

PASTOR ALAN PATTERSON,

having been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. TENNANT:

Q Reverend Patterson, we met for the first time --

I met your dad a few times. But please state your name

and relationship to Mr. Pete, for the record.

A Pastor Alan Patterson. And I'm the pastor of

Andrew Pete.

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MARISSA GARZA, OFFICIAL COURT REPORTER

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Q Okay. And is he -- how long has he been a

member of your church?

A Several years.

Q Okay. And is this the same church that his wife

is the minister of music at?

A She's a director of minister of music, correct.

Q I met -- this is the same -- a pretty big

church, right?

A Yes, sir.

Q And you don't -- he's been found guilty of some

pretty serious allegations before your time. So I'm gonna

ask you about the person that you know from the time that

you met him. You met him first when -- what year,

approximately?

A This goes back 2010, about five years.

Q And so in the last five years -- on the State's

direct his wife stated that he was --

MS. ELMAZI: I'm going to object to

comparative testimony, Judge.

THE COURT: I'm sorry. I couldn't --

MS. ELMAZI: Comparative testimony,

regarding the wife's testimony.

MR. TENNANT: She's right. Sorry.

THE COURT: Sustained.

Q (By Mr. Tennant) How would you describe

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MARISSA GARZA, OFFICIAL COURT REPORTER

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Andrew Pete's -- as -- as -- without trying to judge

another Christian, how would you describe his walk on

the spiritual path as you've observed it?

A I take it back to my first initial encounter.

And I would describe it in three stages.

Q Yes, sir.

A The first would be very humble spirit. And that

drew my attention because my family's been doing this for

the past 45 years in ministry, so we deal with a lot of

people with a lot of pride, a lot of issues. But in

Brother Pete, I discovered someone with a humble spirit.

Taking that humble spirit to the next

stage, I then discovered that he was a helpful servant

because he made himself available to myself and my family,

whatever needed to be done at the church. And so when

I -- upon further conversations with him, privately and

publicly, I found out that he had a little background in

media. So we have a media ministry because -- we're one

of the largest churches -- oldest, 119 years, and we have

a media program. So with that, I found out that he had

some background with that so we brought him in on our

media department.

So then after figuring out that he was a

helpful servant in that -- since he's been a part of that

particular department, that department has grown. And so

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he's also an honorable mention of support. And he's

helped my father, when my father was pastor, and he's

helping me right now as our church is continuing to grow.

And I'm looking forward to working with him in the future.

Q And I see the humility is mutual because -- the

Reverend Al Sharpton was preaching at your church. I --

the first time I ever met him was at your dad's church --

or your church then. And that's a pretty big church.

A Yes, sir.

Q So say -- you're -- you're being modest, but

this is one of the more renowned churches in -- in

Houston?

A Correct.

Q And you've been up here all day with a busy

ministry, correct?

A Yes, sir.

Q Now --

A In fact, I rearranged my schedule to be here

today.

Q Okay. And I apologize. I don't know if you've

been to law school, so I'm not trying to appear so

uncouth, but I don't -- the questions I was going to ask

you are pointless now. So I'm just going to get to the

point.

He is accused -- the jury -- the jury

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MARISSA GARZA, OFFICIAL COURT REPORTER

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seated before you did a really great job on deliberating

on the information they had and they found the verdict

true, that a child's been traumatized because of his

actions. They also are the people that made it through

the screen of voir dire because they can consider, if they

found true, the full range of punishment in this case,

which is anything from probation to 99 years in prison on

each count. It's not really -- I'm not going to ask you

to offer an opinion. But the Andrew Pete that you know,

does that -- where would he fall in this category,

considering all of them require sex offender registration?

A Let me put it this way.

Q Yes, sir.

A As pastor, I'm pastor over young people,

children, young adults, married couples, senior citizens.

The senior mothers of our church, which would range from

grandmothers to widows, 70s, 80s, they refer to brother

Andrew Pete as a gentle giant.

Q Is there --

MR. TENNANT: Pass the witness.

THE COURT: Okay. Ms. Elmazi.

MS. ELMAZI: Thank you, Judge.

CROSS-EXAMINATION

BY MS. ELMAZI: 

Q Reverend Patterson, my name is Summer Elmazi.

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I'm the Prosecutor who's handling Mr. Pete's cases. Just

like the Defense counsel has asked you a series of

questions, I'm going to do the same thing. If I ask you

something that's unclear or it doesn't make sense, would

you please stop me and ask me to clarify?

A Yes, ma'am.

Q Perfect. So, Reverend Patterson, you've known

the Defendant for about five years?

A Correct.

Q And he's been a parishioner, I guess, in your

church for the last five years?

A Yes, ma'am.

Q What's the name of your church? I don't think

we got that.

A It's the Mount -- M-o-u-n-t, C-o-r-i-n-t-h --

Mount Corinth Church.

Q How many churchgoers do you have?

A Got about 2,000 on the roll.

Q 2,000. So on a Sunday -- 

A 2,000 on the roll.

Q On the roll?

A Right.

Q There could be more, I guess?

A Well, the attendance varies. That's why

I'm just -- on terms of what's on the record, we have

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MARISSA GARZA, OFFICIAL COURT REPORTER

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about 2,000.

Q Got it. Okay. So about 2,000 members. On an

average Sunday, how many services do you have?

A Anywhere from two to three.

Q And on each service how many do you think attend

each service?

A About -- when we have three services, sometimes

we got attendance at around up to 700, 750 on that day.

The two services, anywhere from three -- around 300 each

service.

Q And this is in Houston?

A Correct.

Q Okay. And so it sounds like you guys have a

pretty -- a pretty big church?

A It's a nice size church.

Q And you told us that you have, I guess, a

variety of parishioners, young people, I think you said

married couples, children, senior citizens. Did I get

that right?

A Yes, ma'am.

Q And so it's a huge conglomerate mixture of

folks?

A That would be correct. 

Q You told us that the Defendant helps out with

the media department?

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MARISSA GARZA, OFFICIAL COURT REPORTER

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A Yes, ma'am.

Q What does that mean?

A Well, we televise. We collect DVDs, CDs. So we

have in-house video, live streaming for the parishioners

inside the sanctionary -- sanctuary on our big screens,

and then we also provide DVD services as well.

Q So when the Defendant attends services, do you

get to see him on a regular basis?

A Correct.

Q Does that mean every week or just on Sundays?

How often do you see the Defendant?

A Every week.

Q Just at service?

A During the week.

Q Okay. So let me ask that question again,

because that wasn't a very good question. How often

during the week do you see the Defendant?

A I may see him once or twice a week.

Q And when would that be?

A Sundays and sometimes during the week.

Q When would you see him during the week, for what

reason?

A At church.

Q Okay. So presumably because you -- are you the

head pastor?

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A That's correct.

Q Okay. So presumably you're delivering sermons

while -- while the Defendant's there; is that right? My

question -- let me specify my question because, obviously,

that wasn't a good question. How do you personally

interact with the Defendant?

A Publicly and privately.

Q In what respect? How do you interact with him?

A I talked on the phone privately with him. We

talked. I've seen him outside of church --

Q Do you counsel him?

A -- in church. Counsel, yes.

Q Okay. And so the Defendant has access -- or he

comes into contact with a wide variety of people, just

like you described, young people, children, senior

citizens, married couples?

A I'm lost at where you're going with that.

Q Well, you just described that your parishioners

consist of a wide conglomerate of folks, right?

A Correct.

Q So presumably there are children and young

people in attendance at your church, right?

A That would be correct.

Q So he would come into contact with those folks?

A Everyone would. 

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Q Okay. So in this particular case, do you know

what the Defendant was convicted of?

A I found out, yes. 

Q What has he been convicted of?

A Aggravated assault.

Q Not aggravated assault.

A Okay.

Q Aggravated sexual assault of a child, under the

age of 14.

A Okay. 

Q He's actually been convicted of three offenses.

Were you aware of that?

A Yes.

Q Were you aware who the victim was in this case?

A Aware of the victim, no.

Q Do you know that the victim was under the age of

14 when he committed these offenses and this jury

convicted him yesterday?

A I was just -- I was just made aware of that

yesterday. That's why I rearranged -- in fact, at my

church, I've got a young person who was involved in a

motorcycle accident, covered all on three networks. I was

supposed to meet with the family today. 

Q Well I'm sorry to hear that.

A I rearranged that in order to be here today

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because I felt this was more important. 

Q Okay. So now that you know that the Defendant

is a convicted child molester, are you going to allow him

to continue to attend church services?

A What has been convicted does not change the fact

of who I know him -- as I know him.

Q That wasn't my question, Pastor. My question

is: As the pastor of this church, are you going to allow

a convicted child molester to attend services?

A I haven't got that far.

Q Well, I'm asking you now.

A I haven't thought that through.

MS. ELMAZI: Judge, I'm going to object to

nonresponsive at this time.

THE COURT: Sustained.

Pastor Patterson, if you would, just answer

as succinctly as you can.

MR. TENNANT: Your Honor, and I piggy

back -- piggy back on that objection. Although, I was

trying to avoid today. That was argumentative. He's

answered. He's not practicing law. He may not know the

consequences of one answer or the another.

MS. ELMAZI: Okay. Well, I can clarify,

Judge.

Q (By Ms. Elmazi) So, Pastor, he has been

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convicted of aggravated sexual assault of a child on three

indictments. You have children and young people that

attend your church. As the pastor of a church that's at

least 2,000 people, are you going to make them aware that

a convicted child molester is one of your parishioners?

MR. TENNANT: Your Honor, that's -- that

question calls for speculation.

THE COURT: I'll overrule the objection.

Q (By Ms. Elmazi) Are you going to make your

parishioners aware that you have a parishioner there who

is a convicted child molester?

A What I will do, as I do on everything that I do,

is I pray over it. And right now I have not had time to

do that.

Q So in other words, you don't know if you're

going to tell your churchgoers that a parishioner, who's

potentially going to be put on probation by this jury, is

attending your church?

A No. What I said is I'm going to pray about the

actions of where I take based upon the outcome of where we

go.

Q Well, I don't understand why -- why would you do

that? Don't you feel like you owe a duty to the --

MR. TENNANT: Your Honor, question's been

asked and answered. Objection.

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MS. ELMAZI: I'll clarify, Judge. I'll ask

another question.

Q (By Ms. Elmazi) Do you feel you owe a duty to

your churchgoers to inform them that a child molester is a

member of your church? Do you feel you owe them a duty?

MR. TENNANT: Your Honor, that question --

irrelevant. Objection, relevance, Your Honor. He's --

this is not case in chief.

THE COURT: Okay. I'll -- I'll overrule

the objection.

Pastor, if you have an answer, answer the

question. Now let's move along.

Q (By Ms. Elmazi) Do you have a duty to your

churchgoers to notify them that a convicted child molester

is a member of your church?

A My duty is to pray over my parishioners. And I

don't do anything without prayerful consideration.

Q So my question requires a "yes" or "no" answer,

either you do have a duty or you don't have a duty. Do

you have a duty to notify your churchgoers? "Yes" or

"no"?

A I told you what my duty is. My duty is to pray

for my --

MR. TENNANT: Asked and answered.

Argumentative.

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A -- parishioners. That's my duty.

Q (By Ms. Elmazi) Pastor --

THE COURT: Okay. Move on, Ms. Elmazi,

please.

MS. ELMAZI: Okay.

Q (By Ms. Elmazi) Are you aware of the three

indictments -- the specific allegations of the three

indictments that the Defendant has been accused of and

convicted of?

MR. TENNANT: Same objection; asked and

answered.

THE COURT: Overruled.

Q (By Ms. Elmazi) Are you aware of what the three

indictments are --

A I have -- 

Q -- allegations are?

A I have been informed.

Q Okay. Tell this jury what the three allegations

are.

A We just went over this, ma'am. I told you I've

been informed to a degree. And I'm learning -- I just

found out yesterday. I've got all my members that I have

to be taking care of.

Q I understand that.

A I got word -- I got word yesterday and I'm here

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to show my support and my concern.

Q Pastor, I understand you're very busy. We get

that. I think everybody -- this jury is very busy. We

get that. But the Defendant's life is at stake here, so

if you will just please answer my questions, I'm almost

done. I promise. 

Are you aware of the specific allegations

that the Defendant was indicted for, the specific acts

that he committed against Jasmyn Witherspoon? "Yes" or

"no"?

A If I'm -- if -- can I clarify what you're

saying?

Q Absolutely, please.

A If I can clarify it -- and correct me if I'm

wrong -- you stated the three allegations. Are you aware

of what an allegation is?

Q Pastor, I get to ask the questions. I'm the

lawyer here. So if you don't understand the question, you

ask me to clarify. I know what the allegations are. I'm

asking if you do.

A I'm aware of the allegation.

Q So you were aware that the Defendant is accused

of having digitally penetrated with his finger into Jasmyn

Witherspoon's vagina? You're aware of that allegation?

A Allegation?

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Q Yes.

A Yes.

Q You were aware of that. Are you aware that the

Defendant is convicted of and was accused of putting his

mouth inside Jasmyn's Witherspoon -- putting his penis

inside of Jasmyn's Witherspoon's mouth? Are you aware of

that?

A Allegations.

Q He's been convicted of it, so it's no longer an

allegation. Are you aware of it or not? "Yes" or "no"?

MR. TENNANT: Your Honor, this is vague.

Because she's trying to get him to use allegation and a

conviction --

MS. ELMAZI: I -- I -- let me clarify.

MR. TENNANT: If he doesn't know, he

doesn't know.

MS. ELMAZI: I'll clarify, Judge. No

problem. And I'm almost done.

Q (By Ms. Elmazi) So let's make sure -- the

Defendant was convicted of putting his penis inside of

Jasmyn Witherspoon's mouth. Are you aware that he was

convicted of that offense?

A Ma'am, this is my first day here. I am here as

support and spiritual support for my member. I've not

been here in court, so all the details that you're asking

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me, I cannot give you clarity on that.

Q So the answer is "no," you were not aware?

A I did not say I'm not aware. I'm saying you're

asking specific details. I'm here as a support system.

Q And, Pastor, my question was: Were you aware

that that is what he's been convicted of? "Yes" or "no"?

A Yes.

Q Were you aware that the Defendant was convicted

by this jury of putting his penis inside her vagina?

MR. TENNANT: Your Honor, we're looping

back through. Asked and answered.

THE COURT: Overruled.

Q (By Ms. Elmazi) "Yes" or "no"?

A Yes.

Q And still you have to pray about whether or not

you'll tell your churchgoers that this convicted child

molester will be allowed to attend church?

MR. TENNANT: In order for her to quote it,

it'd have to be asked and answered. Objection.

MS. ELMAZI: I'll withdraw the question. 

I'll pass.

THE COURT: All right. Any further

questions, Mr. Tennant?

REDIRECT EXAMINATION

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BY MR. TENNANT:

Q The allegations -- well, the conviction that the

jury rendered yesterday, it was done after much

deliberation on the evidence they had. Do you think --

and the crime happened much earlier than 2010. Do you

think Andrew Pete -- what -- the person that you've met --

this is gonna open some doors -- likelihood that he would

be a successful probationer and comply with the very

rigorous rules under the condition that the Court can

terminate his probation at any time?

A Yeah.

Q Do you think he can comply with those rules?

A Definitely, yes.

Q Do you think he could successfully register as a

sex offender for the rest of his life?

A Yes.

Q And do you think he could still find a way to

continue his spiritual growth and become and continue to

strive to build a better man while also showing regret,

remorse and compassion for any -- any harm caused to

the -- the people that the jury -- the jury, after careful

deliberation, have found him guilty of -- of the person --

now, I'm doing it -- the person from Dallas that the jury

has found him to be guilty of based on the accusation? Do

you think he showed -- he would -- he regrets that?

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A I believe that.

Q Now, an allegation -- you don't know, but you

said that what -- yes, you did know that this was pending

and you changed your schedule to be here, despite the

media aspect of your church right now.

A Correct.

Q So you lose -- I mean, ad hours aren't free.

And the -- I understand that -- you know, you're losing

membership and -- and the things that go along with that

right now, but you also have downplayed the size of your

church so many times that I see the modesty is being

taught well. So do you think that this was more important

than that?

A Absolutely. That's why I'm here.

MR. TENNANT: Thank you. Pass the witness.

MS. ELMAZI: Nothing further, Judge.

THE COURT: All right. Thank you, Pastor.

You can stand down.

THE WITNESS: Thank you.

THE COURT: May this witness be excused?

MR. TENNANT: Yes, Your Honor.

MS. ELMAZI: No objection.

MR. TENNANT: Waive.

THE COURT: Thank you, Pastor, for being

here. You're free to go.

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THE WITNESS: Thank you, sir.

THE COURT: Thank you. 

MR. TENNANT: Real brief -- two-question

witness, Your Honor.

THE COURT: Yes.

MR. TENNANT: Audrey Robinson.

(Witness enters courtroom.)

THE COURT: Okay. Come in, Ms. Robinson.

Again, if you would, please, ma'am, just down here to the

witness stand for me.

Let the record reflect this witness has

been previously sworn and has previously testified. Go

ahead and have a seat there for me, Ms. Robinson.

Okay. Mr. Tennant, your witness.

MR. TENNANT: Yes.

AUDREY MARIE ROBINSON,

having been previously duly sworn, further testified as 

follows: 

DIRECT EXAMINATION

BY MR. TENNANT:

Q Just a couple of questions, Audrey. Do you --

first of all, do you see -- when you met Jasmyn, how long

had you known Mr. Pete?

A A couple of months first -- the first time I met

her.

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Q And what sorts of athletic events did you do at

that time?

A At that time I was playing volleyball. I've

played basketball. Did a little softball.

Q Now, describe your impression of her personality

at the sleepover.

A At the sleepover?

Q Yeah. Before -- before Andrew told her about

the marriage, describe her personality --

A She -- she we was having fun.

Q -- based on your -- your personal knowledge?

A My personal knowledge -- 

Q Yes.

A -- at the sleepover, we had fun. We talked

about, you know, what girls talk about.

Q Was she shy?

A Not at the sleepover, no. Because by then we

had got to, like, break the ice a little bit.

Q Okay. You haven't seen her here. How would you

describe her based on the last time you saw her?

A Explain to me how --

Q Okay. I -- I -- I'm sorry. Was she an outgoing

person or, like, real sheltered and timid?

A My personal opinion, when I first met her, I

could tell that she had been sheltered versus me and how I

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was brought up.

Q Well, you told me -- everybody is sheltered

versus you, Audrey, but anyway.

A But as getting to know --

Q What do you mean by that?

A I mean, like, I could tell that she hadn't been

through, so to speak, some things that I went through to

make me become -- be who I was, if that makes any sense. 

Q Yes, it does. Because -- now it's time -- what

Elva knows -- what is it that you've been through that

makes you so extroverted?

MS. ELMAZI: I'm going to object to

relevance, Judge. This has nothing to do with punishment.

THE COURT: Sustained.

A It's -- it's fine. I mean...

MS. ELMAZI: I'm going to -- I've objected.

THE COURT: I sustained the objection.

Q (By Mr. Tennant) Okay. So when you said that

the -- something -- is there anything about Jasmyn that

you feel we should -- I mean, no, I'm sorry. Andrew has

been accused of molesting Jasmyn and -- and the jury has

deliberated and found him guilty of it.

A Yes.

Q Is there anything -- is there anything you would

want the jury to know as they consider -- because they --

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they have a big job ahead of them -- as they consider the

full range of punishment, based on the fact that they

feel, from the evidence they have, that this is true? Is

there anything you want them to know? They -- they worked

hard yesterday.

A Yes, I agree. They worked hard.

Q Yeah. So -- how do you feel about the verdict,

first of all?

A I respect the verdict because of the evidence

that they were allowed to, you know, have. I mean, there

was only -- that's all they have is just the evidence that

was provided -- or that was allowed into evidence. But

hearing --

Q When you met -- this is a good one. When you

met Jasmyn, did she have a camcorder?

A Yes. We actually -- she actually took a couple

of videos of us. We -- she recorded some, like -- we

were -- at the sleepover, for example, she talked about

how she liked music and stuff. So we played music and she

recorded us dancing and singing. And we was just having

fun. And another video I remember she recorded was -- we

went crabbing. And there's a video of us -- all -- well,

me, her and a member from church -- a lot of youth from

church went crabbing.

Q Is Mr. Pete in that video?

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A Of course. He is in the video. Livi -- well,

Elva is in the video, myself. Jasmyn is actually in the

video and some of the youth from the church is in the

video. We were just having fun.

Q And that's a video of what year 2009, 2010?

A 2009, I believe it was. It had to be 2009

because we --

Q Have you seen the video recently?

A Yes, I have seen the video. It actually brought

back fun memories because I remember it.

Q Do you see any video cameras in this courtroom,

meaning any AV media in this courtroom?

A No.

MR. TENNANT: All right. Pass the witness.

MS. ELMAZI: I don't have any questions,

Judge.

THE COURT: All right. Thank you,

Ms. Robinson. You can step down. 

May this witness be excused?

MS. ELMAZI: No objections, Judge.

MR. TENNANT: No objection.

THE COURT: Thank you, Ms. Robinson.

You're free to go or free to stay in the courtroom. 

MR. TENNANT: Final witness, Your Honor,

Andrew Pete.

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THE COURT: Okay. Mr. Pete, come on up

here to the witness stand.

THE DEFENDANT: (Complies.)

MS. PATEL: Judge?

MR. TENNANT: Judge, I forgot that --

THE COURT: Okay. Just -- you can testify

from right here. 

MR. TENNANT: Can we instruct the jury to

disregard that, I guess?

MS. ELMAZI: Can we ask that the jury

please step out for a few minutes?

THE COURT: Yes.

THE BAILIFF: All rise.

(Jury exits courtroom; 2:37 p.m.)

THE COURT: Go ahead and put them in the

jury room.

THE BAILIFF: Okay.

THE COURT: You may be seated. Let me see

counsel back here. 

MS. ELMAZI: In the back, back.

THE COURT: Yeah, in the back.

(Court in recess; 2:37 - 3:35 p.m.) 

(Open court, Defendant present, no jury.)

THE COURT: Back on the record in Cause

Number F12-33559, F12-33560, F12-33561, all styled the

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State of Texas versus Andrew Pete. Let the record reflect

this hearing is being held outside the presence of the

jury.

And, Mr. Tennant, I believe you had a

motion to make?

MR. TENNANT: Yes. Your Honor, at this

time, we have no choice but to move for a mistrial under

the Fourteenth Amendment, the Eighth Amendment and, of

course, 397 US 337, Illinois v Allen case, in which the

Supreme Court said that it's -- the sight of shackles --

when other remedies are addressed -- must have a

significant effect on the jury's feelings about the

Defendant and to insight that it is not -- inheritable

[sic] prejudicial practice would be an abuse of

discretion. It should be permitted only where justified

by the specific interest of each case that's favorable.

However, in that case, the perception -- the instruction

would be to take the jury out prior to allowing them to

see. So even in cases such as Haliber (phonetic), where

the defendant was a Hannibal Lecter type, the remedy was

to take the jury out. Because even this guy, with

multiple bodies buried, his rights -- his case was

reversed, remanded, and his rights were deprived under the

Fourteenth Amendment to -- right to a fair trial by

allowing the Judge to see the -- to see him in trial. 

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And in concurrence, the Roberts court, the

more recent -- in 2010 case, which is under Judge Roberts

19 -- June 22nd, 19 -- I mean, 2010, in the United States

v Cherry stated in his majority ruling that abuse of

discretion would be found because you can't rely on

Lemmon, which controls physical restraint, and to look at

a juror in chains -- for a jury to see Mr. Pete in

chains -- guilt/innocence or punishment -- must have an

effect on his perception of Mr. Pete, regardless of

whether the jurors is aware of that perception.

I don't want to come back up here, but at

this point, unless -- we -- we've been talking in the

back, but I think that we have -- we have to move for a

mistrial.

THE COURT: Okay. All right. Thank you.

State wish to be heard on the Defendant's

motion for mistrial?

MS. ELMAZI: Yes, Judge. First of all, the

Defendant has actually -- was not convicted until

yesterday afternoon. I think he was convicted around

4:15 in the afternoon. The Defendant -- up until

yesterday afternoon -- was walking about -- out and about

for the past weeks since last Wednesday when we began

proceedings. The jurors have seen him walking out and

about. They know that he's been convicted. In fact, this

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is the same jury before us who deliberated in

guilt/innocence, which will deliberate in punishment.

They are the ones that issued that guilty verdict in

each -- in each indictment. Therefore, I don't believe

that it is harmful. I don't believe that it's

prejudicial. They know that the full range of punishment

is probation up to 99 years or life. And I think from a

403 standpoint, if we're talking about it being

prejudicial, I don't believe that it is. I, actually,

don't think that the jury even understood what was going

on because we immediately removed the jury. And so I

don't believe that -- that this is in any way harming the

Defendant and -- at best, you know, the -- the Court can

instruct the jury, within the Charge itself, regarding

this -- this particular issue. But I believe that we have

cured it. And I don't believe that the Defense -- the

Defendant has been prejudiced in any way.

THE COURT: All right.

MR. TENNANT: And to -- to rebut that -- to

go back to the abuse of discretion standard, that actually

supports the position under the United States Supreme

Court ruling in Tires v Fender [sic], which is a more

recent case, 1983, relying on Allen, in reasoning that if

the trial court -- it's not an abuse of discretion for the

trial court to require a dangerous defendant to appear in

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leg irons. So if there's some action in the transcript,

or his past, based on the conviction yesterday, light most

favorable to the prosecution -- let's say based on the

conviction yesterday, he's deemed that he is inherently

dangerous, too, and leg restraints are well within the

purview of the court -- as it's well aware -- to use.

However, the Supreme Court said, in those cases, it is

still a fundamental liberty, secured by the Fourteenth

Amendment, that -- to hold and require a party to appear

in shackles may deprive him of due process unless

restraints are necessary. Even if they're necessary, it

is his right to appear in front of the jury without

specific restraints because -- and the reasoning by the

lead of -- not by the Defendant, not -- but in the

reasoning -- the likelihood of prejudice inheriting and

exhibiting the subject of a hearing to a jury while bound

in physical restraints is simply too great to be

cognizance without at least some remedial action. In this

case, the remedial action would have been to tell the jury

to leave. He can waddle up to the box; jury comes back

in, and there's no abuse of discretion. 

We made a mistake. It's unfortunate. But

to allow this to continue beyond this mistake is -- is

a -- it's -- the balancing test is there. The case law is

there. I have an e-mail of all the cases, if the Judge

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wants to review them. And we -- the prejudice -- the

rights of the Fourteenth Amendment -- ironically, we

talked Sixth Amendment earlier, in the 38.37, but the

rights of the Fourteenth Amendment are inherent right to a

fair trial. 

Since the Magna Carta eliminated me --

saving mistrials -- we've had our right to face our

accuser and have the accuser accuse us in open court. Our

Constitution, built on the Magna Carta, by adding the

Fourteenth Amendment, which controls and governs the

rights of a trial. The only difference between us and

North Korea right now are the rules that we have in place.

And in the Republic of Texas all places -- a state that

could exist as -- as a nation and still be one of the

ten -- top ten gross national product-producing countries

on the planet --

THE COURT: I'm ready to make a ruling

here.

MR. TENNANT: I know, Judge, but I'm just

trying to stress that this really would be an abuse of

discretion with all deference to -- to not grant a

mistrial, but I'm prepared to proceed, if we don't.

THE COURT: Okay. I am -- I'm going to

take the motion for mistrial under advisement. Not rule

on it at this time. We're going to proceed with the trial

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and --

MR. TENNANT: Fair enough, Judge.

THE COURT: -- let me think about it.

MR. TENNANT: Thanks, Judge.

THE COURT: Okay. All right. 

MS. ELMAZI: Yes, Your Honor.

THE COURT: And I need to do a little

research on my own --

MR. TENNANT: Yes, sir. Yes, sir, Judge.

THE COURT: -- before granting a mistrial.

So we're ready, I think, now for the jury.

(Jury enters courtroom; 3:44 p.m.)

THE COURT: Thank you, ladies and

gentlemen. Be seated, please.

Mr. Tennant, your witness.

ANDREW PETE,

having been previously duly sworn, testified as follows: 

DIRECT EXAMINATION

BY MR. TENNANT:

Q Mr. Pete --

A Yes, sir.

Q -- been awhile. But first question. Same thing

I've been asking everybody. You've been in the room.

What do you think about the verdict reached yesterday by

this jury?

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A I fully understand. Y'all have a job to do. 

I -- I -- it's not formality speaking. I truly respect

the time that y'all have done to deliberate and put in.

For what was shown to you, I -- I do. I really

understand -- I understand the decision, how y'all came to

it. Do I agree with it? No. I am the only person that

been there from the beginning to the end of everything.

Q Andrew, one of the things we talked about. I'm

going -- try and answer the question asked. Although, I'm

going to give you a lot of latitude to talk.

A Okay.

Q So with that being said, why didn't you tell me

about something that apparently everybody knew except me.

And that's -- and will you please now tell me what I 

did -- what I'm finding out from one of the young ladies

on the stand earlier for the State.

A I didn't tell him about our family history

because those were demons that ate at me when I was

younger. And I shared that past pain with people before.

And that past pain I shared with those people, they have

used those exact things to come back and destroy me. I've

learned a lot from sharing my past family history with

some people because some of the same --

Q By some people -- I'm sorry -- just...

A Rotonia Witherspoon, Patrice Riley, Cornisha

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Riley, Jasmyn Witherspoon and her first cousin, which is

actually here, Shanelle Alberoni (phonetic), which is now

Shanelle Thomas.

Q Okay. Now, turning to -- so, again, we talked

about this at length. And the IRS analogy you said

yesterday might -- you might need to turn and explain to

the jury where you're coming from, as far as your views on

their ruling, because it was a fair ruling, I think. Can

you explain what you told me?

A It's -- it's a fair ruling considered what was

given to you. I'll give you two examples. And --

Q Not evidence, examples.

A Examples. I -- this is very hard for me to even

talk to you-all, because I understand the picture that's

been painted in your head of me. And as I sat there, took

myself out of the picture, I heard the same person that

Summer described, based on what you saw. But if I show

you a bowl of apples and say what do you do see and all

you see is apples, I can't be wrong if you say a bowl of

apples until you cut the apple open and acknowledge

magnets [sic], worms and a lot of other host of things. 

Q Okay. I agree. But try to answer -- we'll get

to a lot -- you'll do a lot better if you answered it --

after I finish the question, turn and look at me and -- 

A I'm sorry. Go ahead.

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Q No problem. No problem.

A This is a first for me, too. I've never been in

this position, so this is a first for me, too.

Q So when you said earlier that you respect the

jury's ruling, you -- you gave me an analogy of taxes.

What did you mean by that? We all pay taxes.

A Nah, I gave you an analysis of a toxic chemical.

You gave me the analogy of taxes.

Q Okay. But at any rate, let's keep going. So

having been found guilty, no criminal history, why should

the jury -- because they don't have to. They've agreed to

consider the full range. Do you have any regrets about

this case --

A Yeah, I do.

Q -- other than being convicted?

A I do. I have a big regret. One of the biggest

regret is that I failed y'all because I -- I selected a

juror of my peers, and I failed y'all. Because I should

have got my butt up here and testified. Because there are

15 years between -- 99 now, if not more, that we tried to

sum up in five days. And I failed y'all for not letting

y'all hear my side of the story. I failed y'all by not

letting y'all -- I allowed y'all to be confused about a

lot. And that's my fault. But at 44 years old, no prior

convictions, no trouble, not nothing as little as a

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speeding ticket. I don't drink. I don't smoke.

Q Andrew --

A I'm sorry.

MR. TENNANT: Object, narrative form of the

question for the State. Okay.

Q (By Mr. Tennant) She'll get a chance to ask you

all of that in a second, please. Trust me.

But how old are you -- just to be clear,

about how old were you -- I know it's a childhood memory.

How old were you when you saw this and what did you --

what did you see that your brother was talking about?

A Okay. We were, roughly, 11 or 12 years old. My

dad was a mechanic. He owned his own shop. My mom did a

lot of missionary work for the church, so a lot of times

she would be on missionary work. Saturday mornings my dad

will send us off to the shop, you know, to do some work.

Well, once we get there, he will always leave and go back

home. I knew what was going on, so I always --

Q How -- how did -- how did you know what was

going on?

A Because I seen it -- I seen it more than once.

I seen it --

Q What is "it"? I'm not being hostile, just

asking.

A Our bedroom, which is, ironically, built

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something like the house that Cornisha Riley was

explaining -- from one bedroom, you can look out the door

and you can see the dining room and the couch. And I

remember my sister coming home -- the very first time I

witnessed was -- my sister was coming home from a track

meet. I was sleeping in the bed. Well, they thought I

was sleeping. And I saw my dad reach down in my sister's

shorts, and then started having sex with her there on the

couch.

Q That sounds a lot -- Andrew, are you

describing -- and this is -- I thought about this one,

so -- are you describing yourself with one of the victims

here, or are you describing your dad?

A No, I'm describing what I saw as a child with my

dad.

Q Keep going.

A That -- that was -- that was the first thing.

It happens a lot of times, even -- you know, sending us

outside to cut grass or weed eat around the house.

Q What about the time -- let's go with a time, not

the time. Because I need to know what happened -- the

fight is what I'm trying to get to.

A Well, it happened more than once. The first

time me and my dad actually got into a physical fight --

Q How old were you?

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A I had to be 11, 12. I wasn't a teenager, I know

that.

Q And how big -- relative to your size now and

your brother, how big was your dad?

A My -- like --

Q Like you?

A Yeah, but I was --

Q And how did -- how did that fight go?

A Not good.

Q Okay. And after -- why didn't your brother --

he saw all of this.

A My -- okay.

Q Yeah.

A Okay. I didn't want to testify because I didn't

want to bring up all this hurt.

Q Is that why you didn't tell me?

A Exactly. My brother suffered from seizures

really bad.

Q And what does that have to do with today,

Andrew?

A Well, they favored him. And my brother looked

up to my dad as Superman. He couldn't do no wrong. So

when I told my brother the first time, he didn't want to

hear it. He knew it. He just didn't want to hear it.

Why I didn't tell you? Because I don't

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like talking about this stuff. I don't want to talk about

this. This is what got me here, because I shared it with

those people right there (indicating). And the moment

they could use it to try to hurt me, that's exactly what

they did. So I got to be careful how I speak. I'm a big

guy. I talk passionate, come off as if I'm being

aggressive or angry; and it's none of that. I told her 15

years and five days --

Q Andrew, if it helps. I'm not scared of you.

That's -- I'm trying to lighten up a little bit. I need

you -- I need you to tell me why that -- that -- because

the way we've talked around it -- Andrew, I was wondering,

have you been molested yourself?

A No -- no, I have not. My dad never molested me

personally. I have never been molested.

Q So you were -- but you were singled out?

A Yeah. Unfortunately, my -- my dad -- my dad was

a major Deacon in the church. My dad was also a hidden

alcoholic. My dad also smoked weed. I didn't tell him

about it is because I see what it does to my brother,

number one. I know what it does to me. I felt like it

was irrelevant to this. But since we on it, I'm going to

talk about it.

Q And --

A That's what kept me from --

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Q Andrew, you understand it wasn't your call for

you to make, right? But keep going, please. Do you

understand that?

A Understand what?

Q That that wasn't a call for you to make.

A No, it wasn't.

Q Okay.

A I -- I stayed away from that because, number

one, I didn't want no one to look and say, he's trying to

play -- all due respect, but this seem like a bunch of

emotions have been played on this whole week. Let me tell

the most horrific, terrifying story I can make up to make

it seem believable to play on emotions.

Q Why --

A I didn't want -- I didn't want no one to feel as

if my story of what happened when I was growing up is me

trying to play on anybody's emotions. But the truth to

the matter is, those things was my daddy. That wasn't me.

My daddy smoked and -- smoked weed and was a full-blown

alcoholic.

Q And that has to do --

A I have never touched weed --

Q Andrew, I'm not being difficult, but that has to

do with the case in front of us and the decision the jury

has to make how? And this -- this is not rehearsed. I

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just need -- I need you to stay on point.

A I don't -- this is my first time sitting in a

position like this. I never had to testify -- I never

been, you know, criminally charged with, you know, a

felony ever.

Q Now --

A So --

Q Go ahead. I'm sorry.

A So all -- all of this is new to me, too, but

it's hard when someone pretty much made up their mind.

And right now, all I'm asking is --

Q Now, here's --

A I don't know what to say, because I --

Q You know my background. So here's a question

that the jury's going to have and Summer's going to bring

up, I'm sure. If you don't agree with the ruling, how

could you possibly complete a probation? It's hard. How

could you do that?

A Well, I don't -- I don't agree because I know

the full truth.

Q But do you accept the ruling, Andrew? And it's

important.

A I understand the ruling.

Q Do you feel the jury deliberated enough to reach

their decision?

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A I understand what y'all had to do. I understand

the stories that y'all heard, but I am the man that all

consequences fall on. And I am the man that know the full

truth, the whole truth and -- for an example --

Q Andrew, I'm -- I know you're going to be upset,

but you got to listen, please. You're not answering the

question. I feel like I'm badgering you. But, listen,

how can you complete a probation if you don't agree with

the ruling?

A I've been a law-abiding citizen my whole life.

I mean, I'm 44. This is the only thing that's been thrown

at me. So it's not like -- you know, I mean, I don't even

have a speeding ticket.

Q Sex offender registration is hard. Every -- you

understand that?

A I'm -- I'm aware of it. I don't understand it

because I never had to do it.

Q You can comply with that?

A Yeah, whatever -- whatever it is I have to do, I

can apply [sic] with the law.

Q And I need to find out that -- to learn that you

are not a sexual abused victim, you still need counseling.

You understand that, right?

A I need counseling?

Q Yes.

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A Yeah. I fully agree that I -- I need counseling

for -- not for the things I've done, but --

Q So what do you really -- you really should --

yeah, I agree. But what do you really think about the --

the one victim in this case? Because there's only one,

and that's Jasmyn. We understand that. What -- what's

your thoughts here? Do you regret -- she's been through

something to be here. Would you agree with me on that?

A I agree.

Q Explain to me. You're the one that told me.

Now what does that mean?

A What does --

Q When you say she's been through something to be

here, what -- what did you mean when you said that?

A Some -- some of these stories that y'all heard,

when I tell you they are a 110-percent absolute no truth

to it, there is none. This story about the -- I think

they said it was in 2005 -- some incident where she went

and told someone and someone told me --

Q They've reviewed -- you got to trust me on this.

I might know what I'm doing. They reviewed the record.

If they want to know any more, they can find my number and

I'll show them everything. You don't talk about the

ruling that they made. They found a true verdict true.

If you respect it, let's keep moving.

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A I understand that, but I also -- this is going

to be my first and probably last time speaking to y'all,

so I just want to make sure that y'all know my truth. So

if I'm allowed that, I don't mind telling them that. 

But that -- that was a story that I'm

sitting here listening to -- that was new to me. Britney,

the girl Jasmyn's talking about, I never had a problem

with Britney. And I -- to be honest with you, when I --

before yesterday, I was trying to find Britney, because I

wanted her to get up here. Because my thing was, this is

what was told to Britney and I would love for Britney to

take the stand to say was this told to her.

Q Andrew, I agree. There's a lot of stuff not in

evidence. Can you follow a probation if the jury decided

that was an appropriate punishment --

A Yes.

Q -- after understanding that --

A Yes, yes, yes.

Q How -- why -- how do you --

A Because I am law-abiding citizen. I don't -- I

don't break the law. I just -- I'm not saying -- I just

don't. I mean, my -- besides -- besides the false

allegations that have been brought up and made me get

arrested on someone walking in, saying something that I

done -- I heard a detective -- which I've been blind in

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America. I heard a detective -- 

Q Now wait a minute. That wasn't clear. You

might want to clarify that. What were you talking about

just then? I -- I was lost.

A Okay. I'm fixing to tell you.

Q Okay. 

A I was blind when I heard that a detective was

asked, what made you feel as if the charges was probable,

and I heard a detective say, because she sound believable.

And upon that, you're going to take a man that don't have

any -- any -- any kind of criminal record and put him --

Q Except for --

A -- on these type of charges.

Q Except for the facts alleged in this case,

right?

A Yeah, that's the only thing I'm talking about.

Q Okay. Now, with that being said -- now you

can -- I'm gonna step back and let you say what you want

to say, but we need to talk about a couple of other

things. Physically -- from a physical health standpoint,

how are you now? What do -- what's the last year, two

years, three years, been like physically, not emotionally?

A Rough.

Q Explain in detail, please.

A I -- I'm extremely active. I don't -- like I

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say, I don't -- 

Q Okay. If you can answer it medically. I know

the HIPAA. We talked about this. I'm sorry, Andrew, but

I'm trying to help you.

A I'm very active, from basketball to mixed

martial arts to boxing to bowling to anything. A couple

of years back, I caught a thrust kick in my hip that broke

a vessel. It stopped the --

Q Andrew, excuse me.

MR. TENNANT: Objection to vagueness.

Q (By Mr. Tennant) You do understand that

you're not physically -- that's part of -- you're not

physically active any more. You understand that,

right? 

A Yeah.

Q Is that true?

A Yeah.

Q That part's over forever, right?

A Yeah.

Q Now, explain the -- your pride -- explain to the

jury, medically, where you are now, not where you were ten

years ago.

A Physically, I had to have a full hip -- left hip

replacement, caused a lot of complications. I am, right

now, struggling with four blood clots. All of them

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enlarged in one of the most -- two enlarged in my arm,

straight aimed for my heart; two in my leg, aimed for the

straight heart. I clogged up on warfarin, which is a very

strong blood thinner. When I clogged up on that, they --

now I have to take injections every day, twice a day, in

my stomach, Lovenox. Three bulging disk in my back. And

I -- respectfully, to my attorney, this is not something I

even wanted to talk to y'all about, because I don't want

to look like I'm trying to bring a pity party because my

health is not what this is about.

Q Okay. Well, what about the -- I understand

that, Andrew. But what else is going on? The bronchitis

last year that you couldn't take antibiotics for because

of blood clots, how did that turn out for you?

A Not good. I don't know what happened. But the

last two years, I think I've been in the hospital four

times with a severe case of bronchitis. I didn't know

bronchitis was so serious. I didn't know it could kill

you. But the problem is that the medicine they have to

give you to cure you, I can't take it --

Q You can't take it?

A -- because the blood clot. So every time I get

it, I got to get hospitalized for at least six, seven

days, tops. And in the last three years -- these trips to

Dallas is normally three and a half hours each. For me

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and my wife to take, it's roughly about six hours because

we have to pull over every 30, 40 minutes because of the

blood clot. And I promise you, we have taken over 30 to

35 trips back and forth to Dallas.

Q And if you're placed on probation, there's at

least -- in the beginning, more than once -- at least one,

seven-hour trip each way once a month for a considerable

amount of time, up to ten years, I'm guessing by the

charge. And you're willing -- you -- that's -- other than

that -- that or 5 to 99 years in prison is what you're

facing. With your accuser sitting here, do you have

anything you wish to say -- and it's -- it's okay -- to

anyone directly, as far as the victims --

MS. ELMAZI: I'm going to object to the

Defendant --

A No.

MS. ELMAZI: -- in any way, shape or form

directing his comments to the victim or any witness that's

testified in this case.

THE COURT: Sustained.

MR. TENNANT: Fair enough.

A I agree.

MR. TENNANT: Permission to approach, Your

Honor?

THE COURT: Yes, sir.

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(Bench conference; off the record.)

Q (By Mr. Tennant) There was a -- when did

you tell -- so with things clicking in place now, why

were you so -- why was Jasmyn always around?

A Around what?

Q You. Why was Jasmyn always around you?

A Jasmyn was always around us.

Q Right.

A It wasn't just -- it wasn't just me. 

Q Does this have -- I'm asking you because of your

sister. I mean, you've got to talk to us, Andrew. Your

brother, your sister, your dad. I'm trying to reconcile

these -- all this with what you're being charged with. Do

you think that makes it more or less likely that you did

this?

A No, because I know what -- I know I didn't do

it, so your question is kind of --

Q No, I -- what I was asking you is, could you --

could you do this?

A No. Okay. With my sister, yes, I -- I truly

was trying to be a protector. That just -- and it's not

just who I was then. It's who I am now. The majority of

the people that be around me was -- my first thought of

process as a man is always defend and protect. That's

just -- that's just it. And even the ones that has

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accused me of these things will probably say, yeah, that's

his thought process.

What bothers me the most is that what you

don't know, is that my niece during this trial -- in the

last three years, my 12-year-old niece, actually, was

raped, with a -- with a DA that I argued with, Michael

Cassidy out of Jeff Davis Parish in Jennings, Louisiana.

Me and him argued, back and forth, for over a year,

dealing with my niece. And I told him this was gonna

happen. And when it happened to her, they caught the guy

in the act and he have HIV. He's HIV positive. They

caught him in the act. And right now he's serving prison

for the rest of his life right now. 

And the reason why I could not get my niece

to come stay with me -- two reasons: One was, I wasn't --

I wasn't a parent. I'm just the uncle. And there was

rules that my sister have to sign over guardianship. And

even with this, she still wasn't willing. And, two, which

really bothered me, I couldn't get my niece to come stay

with me because I had pending charges like this. And if

these charges wouldn't have been pending, I could have got

my niece out of the house before this happened. And

there's so much y'all don't know. It's so much that just

was not given to y'all. It's --

Q And with that being said, you could do a

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probation, knowing that you're on probation and a

registered sex offender for the rest of your life?

A I -- I can -- now, I might get an objection from

this, but this is my first time here so I might say

something kind of crazy or idiotic. And I apologize.

Q Careful.

A But, yeah, I could do a probation. Because if

y'all go back there right now and say we'll overturn our

verdict and say not guilty --

Q Can't do that.

A -- I can live life freely and with no problem

like I've always have.

Q I'm not trying to be difficult, Andrew. I know

you're a proud man. I also know you're very scared right

now. It would be a good time to take that shield down.

You're hurting. You're -- physically, you're not the

gentle giant no more. You're just -- be patient. It's

okay to be vulnerable in front of your wife. Please talk

to me. Talk to the jury. If there's something I left

out -- because we probably have. There's a lot going on

today, a lot of information to absorb. If there's

anything I missed that you need to say to me or to the

jury regarding only your ability to accept or reject the

finding of the jury, please tell them.

A Okay. I'm going to start off with Cornisha --

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Q No. I think that's a mistake to be made. Start

with Jasmyn, at least. She's the one on trial, not

Cornisha, please.

A Okay. With Jasmyn, I -- me and her mother,

first time we moved in, it was in 2004. To be exact, it

was June of 2004. We moved in because my nephew came and

stayed that exact same weekend -- I mean, that same

summer. Me and Tonia, we just -- Tonia's a thrower. When

she get upset or mad, she throw things. Whether it's off

the wall, whether it's a glass, whether it's a plate on

the table, she's going to throw it. And, you know, like I

say, I failed y'all. Because there are e-mails from 

Tonia --

MS. ELMAZI: I'm going to object --

MR. TENNANT: Okay.

MS. ELMAZI: -- to hearsay at this time,

Judge.

THE COURT: Sustained.

Q (By Mr. Tennant) That's what I'm trying to

tell you, you can't --

A Okay. 

Q The evidence that they don't know, they'll never

know.

A All right. And that's why I said, I failed

y'all, because I should have took stand. I should have

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forced some of this stuff to be in evidence. So it's hard

to defend yourself when you're so limited to exposing the

truth.

Q How many times did you see Jasmyn in Louisiana

without her -- she was in journal- -- how many times did

you see her in Louisiana without a camcorder, walking

around?

A She --

Q How many videos did we watch?

A She -- she videoed pretty often.

Q The crabbing trip?

A Video. Christmas trip.

Q Blue Bayou?

A Blue Bayou, video.

Q Christmas?

A Christmas video. And not by me, not by me.

Q Who's narrating?

A Jasmyn -- Jasmyn -- Jasmyn, except for one. The

one for Christmas, her mother is narrating; all the rest

is Jasmyn.

Q That is a -- journalism school, LSU, right?

A Right. Now, okay.

Q One -- last -- last question -- I mean, after

you answer this question, I'll try to think of something

else, but I really need you to talk to the State in a

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minute.

A Okay. Jasmyn decided to go to LSU -- a LSU

program during the summer of 2008. And after the program,

she wanted to come and stay at the house for two weeks,

which her mama didn't have a problem with it. I didn't

have a problem with it. And -- so when Jasmyn was done at

LSU -- I think it was a week or a two-week program. I'm

not -- I'm not too sure -- but I went and got her from

LSU. Her mama knew about this, because I met her mother

and her cousin in Lafayette, Louisiana to buy the rest of

the stuff that she -- that was needed for her to go on --

on this journalism thing. When LSU was over, I went and

got her. She came and stayed two weeks and that's when

she met Audrey and Quiana. 

I was a truck driver, but I want -- I want

to clear something up about being a truck driver. I was

only over [sic] the road for six months. Everything else,

I was local. The whole time I dated Tonia, I was local.

So the sleeping cab, I never drove a sleeping cab while I

was with Tonia. I was a local driver. I went home every

day --

Q Andrew, I know it's frustrating. This is not

guilt/innocence. That wasn't admitted.

A Okay.

Q You need to stop, please.

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A Okay.

MR. TENNANT: As a matter of fact, Judge,

can we take a break for a second?

THE COURT: No, let's go ahead and keep

going.

MR. TENNANT: Sure thing. I was talking

about for the -- maybe for the day?

THE COURT: Just go ahead and --

MR. TENNANT: Okay. 

THE COURT: Are you through asking

questions?

A I didn't -- I didn't -- ask that question again,

so I can --

Q (By Mr. Tennant) I can't. As far as the truck

and that sort of thing, that's not why we're here. You're

here because they found you guilty of a reprehensible

crime. And if they're going to consider at all allowing

you to do something other than spend the rest of your life

in prison, they have to know they're not making a mistake

again.

A Okay. Well, I'll -- I'll just focus on that.

Q Thank you.

A All I can do is give you my word. And my past

record, minus this. And my past record is that I have no

convictions, no -- no prior felonies, never been -- never

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been facing no penitentiary time or anything of that

nature. Y'all find it in y'all heart to let me go. 

Q Audrey's been around you since Jasmyn left,

correct?

A Yeah.

Q Other girls at this church have been around you

since Jasmyn left, correct? 

A Yeah, they -- they still come to the house and

stay. They'll fly in.

Q Nieces -- yeah, okay. Nieces, nephews, Elva's

people --

A Well, let me --

Q -- your brother's people --

A Okay. Let me get something correct with that,

too. It's not just good girls. Some of the guys that are

21, 22, 23 that was only 14, 15 year old at the time --

Q My son?

A His son. I -- I'm working out with his son --

Q 11.

A -- right now with basketball. And -- and -- so

it's not just girls, you know. It's -- it's the young men

also.

Q How old is my son?

A Theo -- 10 or 11?

Q 11.

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A 11. Just -- yeah, 11. When I met him, he was

10. And then I -- I coached a little dribbles [sic]

basketball team, girls and boys. And they parents -- 

Q Any parent ever accuse you or any coaching 

staff --

A None.

Q -- anywhere of any impropriety with any kid?

A Nope, not even -- not even the kids themselves.

Some of the kids now are adults. And they still call me,

aye, coach, you know, we made it to the playoffs, would

you come and watch us play. Some of them now got

scholarships, are in college.

Q Stay on point.

A I'm sorry.

Q No, stay on point. And this has been since

Jasmyn that you coached my son, who's 11 now, and other

people and other girls and other boys?

A I only -- only coached -- I only coach and work

out people that I know, personally. Now, I done had

people come to me and approach me and say, aye, I saw what

you done in so and so kid, would you please work out with

my kid. If I don't know you personally -- because of what

I'm going through, this changes your life. It makes you

think different. It makes you paranoid. It makes you not

want to -- some of these kids don't have no reason for me

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not to coach them or not to be around them, but I'm too

scared because I don't know them. And I'm, like, if all

it takes is for you to go say it and I get arrested, it

makes you a little paranoid. You know, so right now I'm

missing out an opportunity -- a huge opportunity to coach

a team because of this. You know, and --

Q And, Andrew, medically -- medically, would you

be able to actually coach that team?

A As long as they let me do like Phil Jackson, let

me sit down. As long as I sit down, I'm okay. I can only

sit down for a short period of time. And that's it. I

can't travel with the team. And I told them that. I

said, I can't travel, because it -- I wear a compressed

stocking every day. If sit down too long, like these

trips in the last two days, I'm -- I blow up like a fish.

If I get a lot of fluid on me, which is dangerous because

it travels, it can get in my heart and kill me. But I --

Q All right. How long do you have on the other

hip? What's the stage -- I don't know what the term is

mean, but maybe somebody does.

A It's called avascular necrosis. It's the

deterioration of the hip. When I found out about my left,

I was already a Stage 4, which is the worst it can be. On

my right, I've been at a Stage 3. I've been recommended

to do it. And the reason why I have not did it --

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Tuesday, the doctor sent over a fax to George because of

something I was having, to say, hey, he don't need to play

with this, he need to get into the hospital now, and sent

the fax over to George. And I told him, if it's going to

push this trial back, I will risk it. Now, my wife did

not agree with that at all, but I'm not dealing with

nothing small. I'm dealing with life-threatening issues,

but I did -- I knew if I go to the hospital, they was

going to admit me. Because every time this happen, they

got to pump heparin in me. And it's a -- it's a blood

thinner they got to monitor. And I didn't want -- I

just -- I just took the chance; and so far, beside me

being full of fluid, I'm okay. I'm taking my shots.

This is what I will tell y'all: If you

decide to come back with a verdict -- I mean, come back

with a punishment of probation, it's something that you

will not regret. I'm just not a troublesome guy. I'm

just not.

Q You won't be able to deal with kids anywhere any

more anyway. Continue, please.

A I love my wife. I love my church family.

They've been extremely supportive. I love my brother.

And if that's the price I have to pay to continue spending

time with them, that's the price I have to pay with no

problem. I never meant to cause no harm to nobody. 

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There's a reason why they call me a gentle

giant. I'm really careful with my physique. I mean,

let's just be real. I'm a big, black dude. If I say

something a little too rough, it's overly intimidating.

You're coming off too aggressive. So I didn't know how I

was going to get through this. And that's the only reason

why I didn't want to testify, because I just didn't want

y'all to think, man, he's just a big, black angry dude.

So far from the truth.

Summer, she -- she did a good job. 

THE DEFENDANT: You did a great job.

That's your job. 

A But I have no doubt, if she was my defense

attorney and George was over here, she would defend me

just as strongly as she just tried to prosecute me --

well, not attempt, did -- because that's the job. And

I -- I understand it. I respect it. Hurt my feelings

with that monster call, but...

THE COURT: Any further questions,

Mr. Tennant?

Q (By Mr. Tennant) Before -- 

MR. TENNANT: Pass the witness, Judge.

THE COURT: Pass the witness. All right.

Ms. Elmazi.

MS. ELMAZI: Thank you, Judge.

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CROSS-EXAMINATION

BY MS. ELMAZI:

Q Okay. Mr. Pete, I don't think we actually got

your name on the record. So will you state your name and

spell it on the record, please?

A Yes, ma'am. Andrew Pete, A-n-d-r-e-w; Pete,

P-e-t-e.

Q And you're the same Andrew Pete that was

answering questions for Defense counsel, Mr. George

Tennant, prior to me taking over and asking questions; is

that right?

A Yes, ma'am.

Q I just want to make sure that's clear on the

record.

All right. So, Mr. Pete, you've been here

throughout the last -- since last Wednesday. You know

that I am the Prosecutor handling this case. I said this

before to all of the witnesses that have testified, if

there's something that I ask you that's not clear, you

need to stop me and ask me for clarification. Can you do

that?

A Yes, ma'am, I think so.

Q All right. So let's start with Cornisha. You

lived in Temple -- is it -- is it correct to say around

1999 you lived there?

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A The summer of 1999 is when I moved in, yes,

ma'am.

Q Okay. And you met Patrice Riley?

A '98.

Q Okay. And you were in a dating relationship

with Patrice Riley?

A Yes, ma'am.

Q And you moved in with Patrice Riley and her two

children, Cornisha and Marquis; is that right?

A Yes, ma'am.

Q And you lived with them for several years,

correct?

A No, ma'am.

Q Okay. How long did you live with them?

A What do you mean by "several"?

Q Well, more than one. Well, let's clarify.

A More than one, less than two.

Q Okay. So a year to two. Between one and two

years you lived with Patrice Riley and her two children?

A Yes, ma'am.

Q All right. And you knew Cornisha when -- she

testified that you knew her at least when she was in the

seventh grade; is that correct?

A Ma'am, I -- that I -- I don't -- I just know the

years. Now, what grade she was in at that time, I don't

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know, but I know it was in '99.

Q Do you recall her going to Sam Houston Middle

School -- no, excuse me -- Lamar Middle school in Temple?

A If that's the one by the park, then, yes, but I

don't remember name of it.

Q Okay. Do you remember her going to Temple High

School?

A I wasn't -- I wasn't there when she was going to

Temple High.

Q Do you -- 

A I mean, I was in the picture, but we wasn't

living together.

Q Okay. All right. But you were in the picture?

A Yes, short period of time.

Q When they testified that --

MR. TENNANT: Summer gave me a lot of

latitude. And I'm doing the same, Judge. But, again,

same reason. We're clearly not on trial again. I stopped

him every time he tried to go into the facts.

MS. ELMAZI: It's cross-examination. I get

to go into that.

THE COURT: Okay.

MR. TENNANT: Okay, Judge.

THE COURT: Overrule the objection.

MR. TENNANT: I understand, Judge.

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MS. ELMAZI: Thank you, Judge.

Q (By Ms. Elmazi) So is it true when they

said that you -- and your brother also testified that

you worked at a dog food factory?

A Doane's, yes, ma'am.

Q Okay. So that's true. And you did work at --

at -- the night shift at Walmart?

A That was in '99 when I first moved, because I

was working at Walmart in Irving and transferred to -- to

Temple.

Q Okay. So then that is true. In Temple you

worked at Walmart?

A Correct, first.

Q And you were together with Patrice at that time

when you worked at Walmart?

A We were dating, yes.

Q Okay. Were you living with her?

A Yes, yes.

Q Okay. And that would mean you were also living

with the kids?

A Correct.

Q Okay. And so you worked at night; is that

correct?

A Correct.

Q And Patrice worked during the day?

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A Yes.

Q Because she testified -- and I don't think it's

been undisputed -- that she was a hairstylist, right?

A Not when we first started dating.

Q Okay.

A When we -- when we first started dating, Patrice

was still in school --

Q Okay.

A -- receiving welfare and was on Section 8.

Q Okay.

A So -- the picture that was painted that they,

you know, well put together and just over the top

successful, that -- that wasn't true because -- 

Q Okay.

A -- when I -- 

Q Well, then, let's clarify that.

A Okay.

Q She was in beauty school --

A Correct.

Q -- is that correct?

A Correct.

Q And then she ultimately became a hairstylist?

A Correct.

Q All right. And she was a hairstylist when she

was dating with -- dating you at some point?

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A Correct, yes, ma'am.

Q Okay. All right. And during your relationship

with Patrice, you had access to -- you watched Cornisha

and Marquis, correct?

A Marquis.

Q Or Marquis. I'm sorry.

A But -- yes.

Q Thank you for correcting me.

A Yes, ma'am.

Q But you did babysit or watch Patrice's children?

A I don't know about babysit. They -- they were

old enough -- I mean, they was, I think, 12 and --

Q All right. Let me clarify that question then.

Did -- were you ever alone with Patrice's children?

A Yes.

Q All right.

A Yes.

Q And was there a time where there was a

confrontation with you and Cornisha and her mother in

which her mother asked you if you touched her after the

dream?

A That never happened.

Q Okay.

A I sat there and heard that -- I don't know

nothing about -- about me rushing home and all -- that

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never took place.

Q But you were working at Walmart at that time?

When that -- when that alleged incident happened, you were

working at Walmart at that time?

A According to their story, yes.

Q Okay. And this is all about stories, because

you've been telling the jury that they -- they told a

bunch of stories on you, right?

A Correct.

Q Okay. We'll get to the stories in just a

minute.

A Okay.

Q But you did reside with them and you did -- and

it's fair to say that you were a father figure to Cornisha

and her brother?

A I -- I -- yeah. I mean, I was just being who I

was.

Q You were a father -- I mean, she -- she told you

she loved you. You would -- that's a -- that's because

she felt like you were her dad. 

A Okay. 

Q Is that a fair assessment? 

A Yes, I'm assuming so.

Q And you acted like a dad to her, correct, and

her brother?

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A I was -- yeah, I guess so.

Q Okay. And then later on you got together --

after you broke up with Patrice, you moved to Irving -- or

the Dallas area, correct?

A Yes.

Q And at that time you ultimately meet Tonia --

A Yes.

Q -- Jasmyn's mom?

A 2002, August to be exact.

Q And then you and -- you, Jasmyn and Tonia, y'all

all move in together?

A Not till 2004.

Q Okay. But you did all move in together?

A Correct.

Q And you treated Jasmyn like your daughter?

A Yeah, I guess so. I mean, I --

Q Well, you either did or didn't?

A Yes, I did.

Q I mean, your wife got up here and testified that

you referred to her as your daughter and she called you

Dad. Is that -- is that a true statement or an untrue

statement?

A That is a true statement.

Q All right. And as a dad, with regards to

Cornisha and to Jasmyn, what kind of things would you do

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that a father would do?

A Well, not just to -- with Cornisha. It was with

Marquis, too.

Q Sure. Okay. That's fine. Tell this jury how

you were a dad.

A Do you want me to do it combined or separate?

Q Just tell this jury what you did that made these

girls think you were a father figure to them.

A Number one, I just take care of home. I

don't -- Trice (phonetic) as -- like right now, she's a

clubber. I don't go to clubs. I'm not a -- 

Q Okay. I need you to answer the question. My

question to you is: How were you a father figure to these

children? What did you do to make them think you were a

dad and to say that you were a dad to them?

A I was around. I did -- I did what a father

would do.

Q What does a dad do?

A I worked. I came home. I am a family-type guy,

so we -- you know, random things. Just -- whether we go

to the movies together -- that's all of us. Not just me

and the kids, that's all of us. Whether we go to the

movies or let's go bowling together. Anything that's

family oriented, I just like to do.

Q Did you give them -- did you give them guidance?

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A I tried my best.

Q Did you give them advice?

A Yes.

Q And that's what they testified to, they were

consistent with regards to that --

A Yes.

Q -- is that right?

A Yes.

Q Okay. Now, it sounds like you -- you talked

about multiple times -- you also mentioned, I think, your

niece. It must have hurt you pretty bad when you found

out that Prosecutor in Jefferson Parish -- Jeff Parish -

Jeff Davis? What was the parish? 

A Jeff Davis. Michael Cassidy, yes, ma'am.

Q That Prosecutor decided he wasn't going to

prosecute your niece's case, right?

A Well, not prosecute the case. I was upset

because he would not let me remove her out of the

environment.

Q Okay. Well, that's not what you testified

earlier. It sounds like the person who -- who hurt your

niece, ultimately, was convicted of that offense; is that

right?

A Me and Mike Cassidy got in an argument because I

was trying to prevent what happened to my niece from

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 130

MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

happening. And they wouldn't let me remove her from the

environment.

Q Okay.

A And then -- and then when it did happen -- when

it did happen, I called and let him know. And he did

apologize to me. And said he should have listened.

Q What -- so somebody didn't do what they needed

to do for your niece that was in the government; is that

right? The DA's office didn't do what they needed to do

for your niece; is that right?

A Right.

Q Okay. Because that's what you testified to.

And I want to make sure it's clear. So it must have been

awful for you, as an uncle, to know your niece had been

raped by some guy with HIV and nothing was being done to

prosecute that person?

A Ma'am, you -- you -- you're mixing the two up.

Q Okay.

A So if you'll allow me to, I can clear it up for

you because -- 

Q Please clarify.

THE COURT: Before he does that, we need to

take a short break.

MS. ELMAZI: Sure. Okay. 

THE BAILIFF: All rise.

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MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

THE DEFENDANT: Me, too, right? No?

THE COURT: Be seated.

(Court in recess; 4:32 - 5:21 p.m.)

(Open court, Defendant present, no jury.)

THE COURT: Okay. Let the record reflect

this hearing is being held outside the presence of the

jury in Cause Numbers F12-33559, F12-33560 and three --

F12-33561, all styled the State of Texas versus Andrew

Pete.

The Defense has made a motion for mistrial

with regard to the punishment phase of this trial. And

I'm going to grant that motion for mistrial with regard to

the punishment phase.

Let the record also reflect that the

Defendant's bonds are still being deemed insufficient and

that the Defendant will remain in custody.

Okay. If you would, please, bring the jury

back.

(Proceedings concluded; 5:22 p.m.) 

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 132

MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

THE STATE OF TEXAS ) 

COUNTY OF DALLAS ) 

I, Marissa Garza, Deputy Court Reporter in and for 

the 292nd Judicial District Court of Dallas County, State 

of Texas do hereby certify that the above and foregoing 

contains a true and correct transcription of all portions 

of evidence and other proceedings requested in writing by 

counsel for the parties to be included in this volume of 

the Reporters's Record, in the above-styled and numbered 

cause, all of which occurred in open court or in chambers 

and were reported by me. 

I further certify that this Reporter's Record of the 

proceedings truly and correctly reflects the exhibits, if 

any, admitted by the respective parties. 

WITNESS MY OFFICIAL HAND this the 11th day of August, 

2015. 

 __/s/ Marissa Garza__________ 

 Marissa Garza, CSR 

 Texas CSR 7956 

 Expiration: 12/31/15 

 Official Court Reporter 

 marissa.garza@dallascounty.org 

 County Criminal Court No. 4 

 Frank Crowley Courts Building 

 133 North Riverfront Boulevard 

 Dallas, Texas 75207 

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 133

MARISSA GARZA, OFFICIAL COURT REPORTER

(214) 653-5636

D I S C L O S U R E 

Note: Supreme Court Rule Adopted and Promulgated in 

Conformity with the Chapter 52 of the Government Code, 

V.T.C.A. 

Please be advised that pursuant to Supreme Court Rule 

IV, B.4. with regards to disclosure, I, to the best of my 

knowledge, have no existing or past financial, business, 

professional, family or social relationships with any of 

the parties or their attorneys which might reasonably 

create an appearance of partiality, except as follow: 

__________________________________________________________ 

__________________________________________________________ 

__________________________________________________________ 

 /s/_MARISSA GARZA_____________ 

 Marissa Garza, CSR 

 Texas CSR 7956 

 Expiration: 12/31/15 

 Official Court Reporter 

 marissa.garza@dallascounty.org 

 County Criminal Court No. 4 

 Frank Crowley Courts Building 

 133 North Riverfront Boulevard 

 Dallas, Texas 75207 

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THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

In re Andrew Pete, Relator

292nd CRIMINAL DISTRICT COURT

Cause No(s): F1233559; F1233560; F1233561

EXHIBIT “B”

Writ of Habeas Corpus and Motion to 

Reinstate Bond
CAUSE NUMBER: F-1233559; F-1233561; and F-1233560 

STATE OF TEXAS § 

§ 

§ 

§ 

§ 

vs. DISTRICT COURT OF 

ANDREW PETE DALLAS COUNTY, TEXAS 

WRIT OF HABEAS CORPUS AND MOTION TO REINSTATE BOND 

TO THE HONORABLE JUDGE OF SAID COURT: 

NOW COMES, ANDREW PETE, hereinafter referred to as Defendant, by 

and through his attorney of record, Scottie D. Allen, and makes this Writ of Habeas 

Corpus and Motion for Bond Reinstatement and would show: 

I. 

That Defendant is illegally restrained and confined of his liberty by the 

Sheriff of Dallas County in the Lew Sterrett Justice Center in Dallas, Texas. 

II. 

The Defendant is charged with three (3) offenses of Aggravated Sexual 

Assault, alleged to have been committed in this county. The court granted a 

mistrial, post-verdict, during the sentencing phase of the trial. Defendant's bond 

was revoked after having been found guilty; however, Defendant now makes this 

Writ contending the Court lacked the authority to order a mistrial as to punishment 

only therein requiring the Court to reinstate Defendant's bond. 

Ill. 

On April 22, 2015, the Court held a jury trial on the above entitled cause(s). 

On April 27, 2015, a jury found Defendant guilty on all three (3) causes and 
proceeded to punishment; however, during sentencing the Court declared a 

mistrial "as to punishment only''. 

Defendant contends the Court lacked authority to grant a mistrial as to 

punishment only. See State v. Boyd, 202 S.V\.3d 393 i,Tex. App. - Dallas. Feb. 

2007): State of Texas v. Bounhiza, 294 S.W.3d 780 (Tex.App.- Austin, August 20, 

2009); State v. Doyle, 140 S.W.3d 890 (Tex.App.-Corpus Chris+i-Edinburg, July 

22, 2004; and State v. Huseman, 17 S.W.3d 704 (Tex.App. -Amarillo, 1999) 

holding a Trial court's order granting defendant's oral motion for mistrial, after jury 

had returned guilty verdict, but before punishment phase of trial of trial had begun, 

restored case to its original posture before trial had commenced. Accordingly, the 

mistrial granted during this sentencing phase restored the case to its original 

posture. 

The Court has referenced State v. Stewart, 282 S.W.3d 729, (Tex.App.-

Austin, April 15, 2009) as their authority; however, this case is not directly on point 

and is distinguished by another case decided four (4) months subsequent to 

Stewart out of the same Appellate District. See State v. Bounhiza, 294 S. W. 3d 780 

(Tex.App.- Austin, August 20, 2009). 

In Stewart, a Motio for New Trial (not mistrial)was granted, as to 

punishment only, subsequent to sentencing having been assessed. Furthermore, 

in that case counsel for Defendant only petitioned for a new trial as to punishment 

only, so the trial court was only addressing the issue before them. 

In the present case, a mistrial was granted post-verdict, but before a 

sentencing had been assessed, therefore a Motion for New Trial was not 
necessary and a mistrial restored the case to 1ts original posture. As previously 

referenced, multiple 1\ppellate Courts have addressed post-verdict mistrials and 

held the trial court lacked authority to grant a mistrial as to punishment only. See 

State v. Boyd, 202 SVI3d 393 (Tex. App. -Dallas. Feb. 200"~): State of Texas v. 

Bounhiza, 294 S.W.3d 780 (Tex.App.- Austin, August 20, 2009); State v. Doyle, 

140 S.W.3d 890 (Tex.App.-Corpus Christi-Edinburg, July 22, 2004; and State v. 

Huseman, 17 S.W.3d 704 (Tex.App.- Amarillo, 1999) 

IV. 

In light of the mistrial and the requirement of the return to its original 

posture, the bond should be reinstated and Defendant be released immediately. 

V. 

No previous application has been made for the issuance of a writ of habeas 

corpus seeking the relief requested herein. 

WHEREFORE, Defendant respectfully requests that this Court grant this 

Motion, restore the case to its original posture before commencement of the trial 

and issue a Writ of Habeas Corpus to the said Sheriff of Dallas County, directing 

and commanding her to produce and have the Defendant before this Court 

instanter, or at such time or place to be by this Court designated, then and there to 

show cause, if any she may have, why Defendant should not be discharged from 

such illegal confinement and restraint, or that he be allowed bail; and Defendant 

further prays and requests that he be allowed immediate bail, conditioned that he 

be and appear at said hearing to there await further orders of this Court. 
Respectfully submitted, 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the above and foregoing 

WRIT OF HABEAS CORPUS AND MOTION FOR BOND RESINTATEMENT was 

delivered to the Assistant District Attorney of Dallas County, Texas on the 

L\f'- day of P~ · , 2015. 
CAUSE NUMBER: F-1233559; F-1233561; and F-1233560 

STATE OF TEXAS § 

§ 

§ 

§ 

§ 

IN THE 292nd CRIMINAL 

vs. DISTRICT COURT OF 

ANDREW PETE DALLAS COUNTY, TEXAS 

NOTICE AND ORDER OF HEARING 

The above Writ of Habeas Corpus and Motion for Bond Reduction is set for 

a hearing on ------------ at _____ in the 

292nd Judicial District Court of Dallas County, Texas. 

SIGNED on this ___ day of---------' 2015. 

For the District Court of 

Dallas County, Texas 
VERIFICATION 

BEFORE ME. the undersigned Notary Public, on this day personally 

appeared Lysette R. Rios for Scottie D. Allen, Attorney for the Defendant, who 

being by me duly sworn on his oath deposed and said that he is the Attorney for 

the Defendant in the above-entitled and numbered cause; that he has read the 

above and foregoing Writ of Habeas Corpus and Bond Reinstatement, and that 

every statement contained therein is with his personal knowledge and is true and 

correct. 

SIGNED under oath before me on the Lj ~day of 

Debra Woolen lipscomb l'otar~· Publie, 

Statr nf ·rr,as 

Expires: 11-12-2018 

N~PUhliC,StateOtTs 

~? 

Commission Expires: 11- I z ... I eJ 
CAUSE NUMBER: F-1233559; F-1233561; and F-1233560 

STATE OF TEXAS 

vs. 

ANDREW PETE 

§ 

§ 

§ 

§ 

§ 

ORDER 

IN THE 292'ld CRIMINAL 

DISTRlCT COURT OF 

DALLAS COUNTY, TEXAS 

On this ____ day of _________ , 2015, came on to 

be heard the Writ of Habeas Corpus and Motion for Bond Reinstatement in the 

above numbered cause and same is as follows: 

The court after hearing the evidence presented and arguments fro 

the parties hereby orders and reduces the bond in this cause to the amount 

of ______ _ 

JUDGE PRESIDING 
THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

In re Andrew Pete, Relator

292nd CRIMINAL DISTRICT COURT

Cause No(s): F1233559; F1233560; F1233561

EXHIBIT “C”

Order Denying Writ of Habeas Corpus and

Motion to Reinstate Bond
CAUSE NUMBER: F-1233559; F-1233561; and F-1233560 

STATE OF TEXAS 

vs. 

ANDREW PETE 

§ 

§ 

§ 

§ 

§ 

ORDER 

IN THE 292nct CRIMINAL 

DISTRICT COURT OF 

DALLAS COUNTY, TEXAS 

On this_,__T_ day~ , 2015, came on to 

be heard the Writ of Habeas Corpus and Motion for Bond Reinstatement in the 

above numbered cause and same is as follows: 

The court after hearing the evidence presented and arguments fro 

the parties hereby orders and reduces the bond in this cause to the amount 

of ------
THE STATE OF TEXAS 

COUN1Y OF DALlAS 

Clerk of CountrtJJi~tal 
THE COURT OF APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

In re Andrew Pete, Relator

292nd CRIMINAL DISTRICT COURT

Cause No(s): F1233559; F1233560; F1233561

EXHIBIT “D”

Notice of Appeal
. CAUSE NUMBER: F1233559; F1233560; F1233561 

STATE OF TEXAS IN THE 292"d CRIMINAL 

DISTRICT C URT OF r-> 

c::::> vs. 

- ANDREW PETE 

§ 

§ 

§ 

§ 

§ cJ'I 1\ DALLAS COU T'eJ~~ 

TO THE HONORABLE JUDGE OF SAID COURT: 

r--;-;:.\··· ('"') r--::.:.,-- ?0~· - -·' .r:-

C'1S:I·i; 

0 .. , :Jlllll L__L__.,..-..rl· :: ':Jt 

rn::.l - 0 ::Or<> 0 

NOTICE OF APPEAL 

-r 

rr 

c 

f1"\ ~ •• 

COMES NOW, ANDREW PETE, the Defendant in the above referen~ ause(!lh by ...... f{_) 

-< 

and through his attorney of record, Scottie D. Allen, and that he here and no in open 

Court gives Notice of Appeal to the Texas Court of Appeals for the Fifth Supreme Judicial 

District of Texas at Dallas, Texas. 

Specifically, Defendant appeals the Order dated December 4, 2015, wherein this 

Court denied his Writ of Habeas Corpus and Motion for Bond Reinstatement in the above 

referenced causes. 

Further, this Defendant would respectfully request an abatement of any further 

proceedings until this matter is decided by the Texa 

~:=?~ Defendant, Andrew Pete ottie D. Allen 

21-144 N. Central Expressway 

Suite 650 

Dallas, Texas 75204 

Telephone: (214) 824-7i11 

Facsimile: (214) 824-7714 

SBN: 01058020 

ATTORNEY FOR DEFENDANT