# .-ilusjdM> ..1>^a.S 7&ZQ 1 

# .Rp:. Rpjqcj6&4 Pqr. Dmx^&ci i2i££i_Oc^ aCA. 

# C^N/dgJP W^ QaJkita oC Ik*, 

# •?^r
. IQ onvd Tgy\ CocV, o-C CR\r>^Ka\ • P^o-
•

CAMfsi.'Cx^ 5Q, IM , fog mo \Ua.V X Ko^cJ^



# M W^ hay C-O.O- o-P Tp*r^ hpRECEIVED IN H^ nJO, ,!( 

# -CQURX4)E-CBIMINAUAR&EALS \^C^Jc£±kiJtlL(J) n:

# ^:

-JAN-09-2015- Abel Acosta, Clerk 

# f^OEAT PncicKeH (TQ£qNO. 2014-CR-2945 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § vs. § BEXAR COUNTY, TEXAS § STEVEN MITCHELL GARY § 175TH JUDICIAL DISTRICT DEFENDANT'S MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES STEVEN MITCHELL GARY, the Defendant in the above cause, under the authority of U.S. Const. Amend. XTV, Tex. Const. Art. I, Sec. 19, and Tex. Code Crim. Pro. Ann. Art. 39.14, and makes his Motion for Discovery and Inspection ofEvidence, and in support thereof would show the Court as follows:

I. The Defendant moves the Court to order the District Attorney to produce and permit the inspection ofand the copying and/orphotographing of, by or on behalf of the Defendant, the following designated items:
STATEMENTS BY DEFENDANT 1. All confessions, admissions and statements, in writing, signed by the Defendant, in connection with the offense with which the Defendant is herein indicted. GRANTED: DENIED:
. 2. All confessions, admissions and statements, oral in nature and set down and preserved under Article 38.22 ofthe Texas Code ofCriminal Procedure, made by the Defendant in connection with the offense with which the Defendant is herein indicted. GRANTED:
. DENIED: 3. All oral, written and recorded statements or memoranda ofsame made by the Defendant to any investigating officer or to any member of any law enforcement agency or to any third party and in the possession of or within the knowledge of the District Attorney's Office or any agent thereof, including any law enforcement agency, including those portions of any reports (including police offense reports) memoranda, notes, other writings, or records, which contain either a verbatim account' or a summary of the substance ofsaid statements. GRANTED: DENIED: 4. The written waiver alleged by the State to have been signed by the Defendant concerning the Defendant's right to counsel prior to the making of any written and/or oral statement while the Defendant was under arrest. GRANTED:_i DENIED:
RECEIVED IN COURT OF CRIMINAL APPEALS. 

### JAN 09 2015 

### Abel Acosta, Clerk SCIENTIFIC EVIDENCE5. All fingerprints, palm prints, and foot prints and reports of same, alleged by the State to have been made by the Defendant, his co-defendants and co-conspirators in the commission ofthe offense with which Defendant is herein indicted. GRANTED: DENIED: „ 6. Name, address and telephone number of all expertwitnesses the state intends tp call as witnesses. GRANTED: DENIED:
. 7. Name, address and telephone number of all expert witnesses who consulted with experts the state intends to call as witnesses. GRANTED: DENIED:

_ 

### 8. All reports of scientific tests, experiments and comparisons, and all other reports of experts and the name and address of each such person who made such report or 

### performed such test, experiment or comparison, including but not limited to reports pertaining to anykind ofweapons, controlled substances, andthelike. GRANTED: DENIED:
AGREEMENTS The existence, substance, and manner of execution or fulfillment, of any promises, 

### agreements, understandings and arrangements, whether verbal or written, whether completed or not, between the State, its agents or attorneys, and any witness, or the 

### witness' agents or attorneys orrepresentatives, wherein the State has agreed, orpurported to agree, eitherexpressly or impliedly, as follows (Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 [1972]): a. Not to prosecute or to assist in the avoidance ofprosecution of the witness for a crime or crimes; b. Not to prosecute or to assist in the avoidance ofprosecution of a third partyfor a crime or crimes; c. To provide a formal grant of statutory immunity, or to provide an informal assurance that the witness will not be prosecuted in connection with any testimony given by him; d. To recommend leniency in sentencing for any crime or crimes for which the witness is convicted; e. To recommend a particular sentence for any crime or crimes for which the witness is convicted; 

### f. To provide to the witness or any third person money, any other valuable consideration, or any forgiveness of debt or liability; 

### g. Toprovide favorable treatment injail orprison to thewitness; h. To agree to bear witness or testify for the witness at any judicial proceeding, parolehearing, or clemency proceeding;

### i. To agree topetition for executive clemency onbehalfofthe witness orany third person; 

### j. To make any other recommendation ofany benefit however slight, or to give anyotherconsideration to thewitness orto anythirdperson. GRANTED: DENIED:
TANGIBLE EVIDENCE 

### 10. Any and allevidence inany way relevant tothis cause obtained byany law enforcement agency bythe useofelectronic surveillance orwire tapping. GRANTED: DENIED: 

### 11. Any criminal instruments allegedly possessed orused byDefendant. GRANTED: DENIED: 12. Copies of any writings madeby Defendant andnot otherwise namedherein. GRANTED: DENIED:^ 

### 13. All photographs or films of the scene of the alleged crime and the scene of the Defendant's arrest. GRANTED: DENIED: 

### 14. Copies ofallphotos used inany photo spread or "mug book" used inconnection with this

case. GRANTED: DENIED: 15. Complete recordsof any line-up conducted in connection withthis case. 

### GRANTED: DENIED:^ 

### 16. Any controlled substances, drug paraphernalia oritems adapted orused for the purpose of drugparaphernalia allegedly possessedby Defendant. GRANTED: DENIED: 

### 17. All articles ofclothing, including shoes and rags allegedly belonging tothe Defendant. GRANTED: DENIED: 

### 18. Allweapons alleged bythe State to have been used bythe Defendant, his co-defendants and his co-conspirators in the commission of the offense with which the Defendant is herein indicted. GRANTED: DENIED: 

### 19. All diagrams, charts, maps, plans, films, photographs, graphic representations, models, visual aids, books, recordings, orother suchtangible items ormaterials or demonstrative evidence, which may be introduced at trial.GRANTED: DENIED:.

GRAND JURY 20. A list of names, addresses and telephone numbers ofwitnesses who appearedbefore the 

### Grand Jury, or whose Affidavits or statements were presented for consideration by the Grand Jury which returnedthe indictmentin this case. GRANTED:___ DENIED:= = 

### 21. A copy ofthe Grand Jury Minutes and Testimony inconnection with the indictment of the Defendant in the cause. If the same has not been transcribed, Defendant specifically 

### requests theCourt to order thetranscription of thesame. Said testimony may beused by the defense to impeach a States' witness, to discover prior inconsistentstatements,to test 

### the credibility of States' witnesses or to test therecollection of the States' witnesses; thus a particularizedneed for same can been shown. GRANTED: DENIED: 

### 22. Any evidence that a member of the Grand Jury which returned the indictment in the above cause contained a member who was disqualified from serving on the Grand Jury because of a conviction or indictment. Defendant specifically requests that the Court 

### orderthe State's attorney to run thenames of the saidgrandjurorsoncomputer databases such as TCIC, NCIC and JIMS and inform the Defendant in the event such grand juror was convicted or under indictment at the time ofthe Grand Jury's consideration ofthis

cause. GRANTED: DENIED: , IMPEACHMENT EVIDENCE 

### 23. The priorcriminal record of all persons whom the District Attorney intends to call as witnesses during the trial of the cause against the Defendant, including all arrests and convictions,juvenile or adult. GRANTED: DENIED: 

### 24. A description of all pending criminal cases or internal disciplinary actions arising from this cause against any police officer who is called to testify by the State, and who 

### participated in the investigation of the crime alleged or the apprehension or arrest of Defendant. GRANTED: DENIED: 

### 25. Anyevidence that a witness forthe State hascommitted perjury, or haspreviously made any statement or givenanytestimony, whether under oathor not, whichconflicts with or contradicts the testimony given by such witness during the trial of this cause. GRANTED: DENIED:
SEARCHES AND SEIZURES 

### 26. A copy ofany warrant issued inthis case and all supporting affidavits, returns, or other documents.GRANTED: DENIED:. 27. List ofall items seized pursuant to any search conducted. GRANTED: DENIED:^ 28. Copy ofany consent to search executed by Defendant or any other person having custody or control over Defendant's property or premises. GRANTED: DENIED: 29. Names of all arresting officers, and officers conducting searches that resulted in the recovery ofevidence or property. \ GRANTED: DENIED: CO-DEFENDANTS, CO-CONSPIRATORS. OR CO-ARRESTEES 30. Name, address, and criminal record ofall persons arrested along with Defendant. GRANTED: DENIED: 31. All information concerning any and all co- defendants or co-conspirators, whether so indicted or not, including but not limited to their criminal records, psychiatric records, extraneous offenses, pending criminal cases, past acts of untruthfulness, and all oral or written statements ofsuch persons. GRANTED: DENIED: 32. The existence and content of all statements made to law enforcement officials or other agents ofthe State by all co- defendants or co-conspirators, whether so indicted or not, and whether oral or written, in order that Defendant may exercise his Sixth Amendment rights under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). GRANTED: DENIED:
MISCELLANEOUS 33. The prior criminal record ofthe Defendant, including all arrests and convictions, juvenile
or adult. GRANTED: DENIED: 34. A description of any and all extraneous offenses, if any, allegedly committed by Defendant, whether he is presently charged with same or not, which may be or may become relevant to any issue in this case. In the event that said extraneous offenses exist, Defendant hereby moves the Court to order production of all items listed herein in this Motion for Discovery with respect to each and every such extraneous offense. GRANTED: DENIED: 35. Any evidence relating to the sanity or competency of Defendant, or that indicates that Defendant suffered from any mental disease or mental defect.GRANTED: DENIED: 36. Medical records ofComplainant. GRANTED: DENIED:, = II. 

### In support of thisMotion, theDefendant wouldshow theCourt as follows: 1. The items requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, the police or the 

### prosecuting attorney's office, see Ex Parte Adams, 768 S.W.2d 281, (Tex. Crim. App. 1989), and the Defendant has no other means of ascertaining the disclosure requested. 2. The items requested are not privileged. 3. The items and information are material to this cause and the issues of 

### guiltorinnocence andpunishment to be determined in thiscause. 4. The Defendant cannot safely go to trial without such discovery and 

### inspection, norcantheDefendant adequately prepare thedefense to the charges against him. 5. That absent such discovery the Defendant's rights under Tex. Code Crim. Pro. Ann. art. 39.14, Article I, ' 10, of the Constitution of the State of Texas, and the Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States of America will be violated, to his irreparable injury and thus deprive the Defendant of a fair trial herein. WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this Honorable 

### Court will grant this Motion forDiscovery in all things, or in the alternative, that this Court will set this matter down for a hearingprior to trial, on the merits and that at such hearingthis Motion will be in all things granted. Respectfully submitted, Gerald C. Moton 11765 West Avenue, PMB 248 San Antonio, TX 78216 Tel: (210)410-8153 Fax: (210) 568-4389 TXBN 14596350 By: : Gerald C. Moton State Bar No. 14596350 ATTORNEY FOR DefendantNO. 2014-CR-2945 

### THE STATE OF TEXAS 

## § IN THE DISTRICTCOURTOF vs. § 

## § BEXAR COUNTY, TEXAS STEVEN MITCHELL GARY § 

## § 175THJUDICIAL DISTRICT 

# Uponthe foregoing Defendant'sMotion forDiscoverv.nw • 

# that fcl/. ^ d mSpeCtl°n ofEvidence, itishereby ORDERED that such Motion be, and hereby is GRANTED ae * • "KUH.RED yis, GRANTED as to those items so marked on the face of«w a,**♦•** np\Trcr> ^ i ace 0l: sa'd Motion and 

## DENIED as to those items so marked.



# SIGNEDthis .dayof_ 2m

JUDGE PRESIDING