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Abel Acosta, Clerk

f^OEAT PncicKeH (TQ£q
NO. 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 of and

the copying and/or photographing 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 of the Texas Code of Criminal 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 EVIDENCE
5. 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 expert witnesses the state intendstp 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 of weapons, controlled substances, andthe like.

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 or representatives, wherein the State has agreed, or purported

to agree, either expressly 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 of prosecution of the witness for a

crime or crimes;

b. Not to prosecute or to assist in the avoidance of prosecution 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 or prison 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 onbehalf ofthe witness or any third

person;

j. To make any other recommendation of any benefit however slight, or to give

anyotherconsideration to thewitness orto anythirdperson.

GRANTED: DENIED:

TANGIBLE EVIDENCE

10. Any and allevidence inany way relevant to this cause obtained byany law enforcement

agency bythe useof electronic 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

drug paraphernalia allegedly possessedby Defendant.

GRANTED: DENIED:

17. All articles of clothing, including shoes and rags allegedly belonging tothe Defendant.

GRANTED: DENIED:

18. All weapons 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, or other 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 of witnesses 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 of the Grand Jury Minutes and Testimony in connection with the indictment of

the Defendant in the cause. If the same has not been transcribed, Defendant specifically

requests theCourt to order the transcription of the same. Said testimony may be used by

the defense to impeach a States' witness, to discover prior inconsistentstatements,to test

the credibility of States' witnesses or to test the recollection 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 the names of the saidgrand jurorson computer 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 of the Grand Jury's consideration of this

cause.

GRANTED: DENIED: ,

IMPEACHMENT EVIDENCE

23. The prior criminal 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 has committed perjury, or has previously 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 of any warrant issued in this case and allsupporting affidavits, returns, or other

documents.
GRANTED: DENIED:.

27. List of all items seized pursuant to any search conducted.

GRANTED: DENIED:^

28. Copy of any 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 of evidence or property.

\

GRANTED: DENIED:

CO-DEFENDANTS,

CO-CONSPIRATORS. OR CO-ARRESTEES

30. Name, address, and criminal record of all 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 of the 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 of the 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 asfollows:

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

guiltor innocence andpunishment to be determined in thiscause.

4. The Defendant cannot safely go to trial without such discovery and

inspection, nor canthe Defendant adequately prepare the defense 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 for Discovery 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 Defendant
NO. 2014-CR-2945

THE STATE OF TEXAS

§ IN THE DISTRICT COURT OF vs. §

§ BEXAR COUNTY, TEXAS

STEVEN MITCHELL GARY §

§ 175TH JUDICIAL DISTRICT

Upon the foregoing Defendant's Motion for Discoverv.nw • that fcl/. ^ dmSpeCtl°n ofEvidence, it is hereby 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.

SIGNED this .day of_ 2m

JUDGE PRESIDING