EXPARTE 

CAUSE NOS. F99-02631-R, F00-01305-R 

WRIT NOS. W99-02631-R(A) and W00-01305-FR(B) 

IN THE DISTRICT COURT 

203RD JUDICIAL DISTRICT 

STANLEY ORSON MOZEE 

and 

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§ 

§ 

DENNIS LEE ALLEN § DALLAS COUNTY, TEXAS 

EXPARTE 

IN THE COURT OF CRIMINAL APPEALS 

FOR THE STATE OF TEXAS 

AUSTIN, TEXAS 

NO. WR-56,666-03 

DENNIS LEE ALLEN 

§ 

§ 

§ 

§ 

§ 

EXPARTE 

IN THE COURT OF CRIMINAL APPEALS 

FOR THE STATE OF TEXAS 

AUSTIN, TEXAS 

NO. WR-82,467-01 

STANLEY ORSON MOZEE 

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§ 

SUPPLEMENTAL INFORMATION IN SUPPORT OF 

APPLICATIONS FOR WRITS OF HABEAS CORPUS 

TO THE HONORABLE JUDGES OF SAID COURT: 

NOW COMES DENNIS LEE ALLEN and STANLEY ORSON MOZEE, 

Applicants, and submit this Supplemental Information in Support of Applications for Writs 

Supplemental Information in Support of Applications for Writs of Habeas Corpus - Page 1 

WR-56,666-03

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/14/2015 10:18:46 AM

Accepted 12/14/2015 10:33:54 AM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 12/14/2015 ABEL ACOSTA, CLERK 
of Habeas Corpus and would show the following: 

I. 

This supplemental information is contained in the attached letter to counsel from the 

Dallas County :District Attorney's Office. This letter is a Brady notice of additional 

suppressed exculpatory evidence located by the Dallas County District Attorney's Office 

Conviction Integrity Unit. 

II. 

This information should be further developed in a hearing before the trial court. 

Applicants request that the Court of Criminal Appeals issue a remand order so that this 

evidence can be fully developed. 

Respectfully submitted, 

Isl Gary A. Udashen 

GARY A. UDASHEN 

Bar Card No. 20369590 

BRUCE ANTON 

Bar Card No. 01274700 

SORRELS, UDASHEN & ANTON 

2311 Cedar Springs Road 

Suite 250 

Dallas, Texas 75201 

214-468-8100 

214-468-8104 fax 

Appearing on Behalf of the 

Innocence Project of Texas 

Counsel for Dennis Lee Allen 

Supplemental Information in Support of Applications for Writs of Habeas Corpus - Page 2 
Isl Nina Morrison 

NINA MORRISON 

INNOCENCE PROJECT, INC. 

40 Worth Street, Suite 70 l 

NewYork,NewYork 10013 

212-364-5340 

212-264-5341 fax 

Isl Ezekiel Tyson. Jr. 

EZEKIEL TYSON, JR. 

Bar Card No. 24034715 

THE TYSON LAW FIRM 

342 W. Montana Avenue 

Dallas, Texas 75224 

214-942-9000 

214-942-9001 fax 

Counsel for Stanley Orson Mozee 

CERTIFICATE OF SERVICE 

I hereby certify that on the 14th day ofDecember, 2015, a true and correct copy of the 

above and foregoing Applicants' Supplemental Information in Support of Applications for 

Writs ofHabeas Corpus was hand-delivered and electronically delivered to the Dallas County 

District Attorney's Office. 

Isl Gary A. Udashen 

GARY A. UDASHEN 

Supplemental Information in Support of Applications for Writs of Habeas Corpus - Page 3 
SUSAN HAWK 

CRIMINAL DISTRICT ATTORNEY 

DALLAS COUNTY, TEXAS 

December 11, 2015 

Via Electronic Mail 

Mr. Gary Udashen 

2311 Cedar Springs Road, Suite 250 

Dallas, TX 75201 

gau@sualaw.com 

Ms. Nina Morrison 

Innocence Project, Inc 

40 Worth St., Suite 70 I 

New York, NY 10013 

nmorrison@innocenceproject.org 

Re: Stanley Mozee; W99-0263l(A) and Dennis Allen; W00-01305(B) 

Dear Gary and Nina: 

After post-conviction discovery of the DA trial file took place and after the Court of Criminal Appeals 

remanded the above-referenced cases for findings regarding the agreed Brady claim, our office 

continued its investigation into whether additional Brady information was suppressed by the State. 

During our investigation, we interviewed numerous witnesses and obtained various documents that were 

not part of the original DA trial file. 

As we have previously discussed, our investigation combined with further extensive review of the file as 

a whole has revealed additional exculpatory and impeachment evidence, all of which should have been, 

but does not appear to have been, timely disclosed by the trial prosecutor to Mozee and Allen's trial 

counsel. We have also discovered information and/or evidence that may impeach the trial prosecutor's 

testimony admitted during the recent writ hearing conducted pursuant to the Court of Criminal Appeals' 

remand order. As a result, this letter is meant to constitute a Brady Notice regarding the following 

specific information: 

1. Undisclosed impeachment evidence pertaining to various informants: 

• Manning and Degraftenreed 

We recently provided you with portions of the probation files of Charles Manning and Alvin 

Degraftenreed. We obtained the records in response to the trial prosecutor's testimony regarding 

whether he suppressed impeachment evidence concerning these two informants. In short, the 

probation records constitute additional proof separate and apart from the trial prosecutor's hand 

written note (Defense Exhibit 17) that both informants received assistance from the State prior to 

their testimony in the Allen case. Manning's records also contain other impeachment evidence 

indicating that at the time he was providing information regarding Mozee and Allen to lawFrank Crowley Courts Building, 133 North Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600 
Letter to Mr. Gary Udashen and Ms. Nina Morrison 

December9, 2015 

Page 2 of3 

enforcement, he was addicted to crack/cocaine, drinking heavily and suffering from bipolar 

disorder. He was also simultaneously acting as an informant in another ongoing murder 

investigation. 

It is important to note that we obtained and provided you with only portions of the probation files 

for these two informants. It is possible there may be additional exculpatory and impeachment 

evidence in the files. As such, you can and should subpoena the entire files from the probation 

department for your review. 

• Hardeman 

We also recently provided you with transcripts of Lone! Hardeman's guilty pleas on March 30, 

2000 and November 6, 2000. The transcripts appear to indicate two important events occurred. 

First, Hardeman received assistance from the State prior to his testimony. Second, the trial 

prosecutor was actively assisting Hardeman with his criminal cases after Hardeman's testimony 

contrary to what the trial prosecutor testified to during the writ hearing in these cases. 

We have also recently discovered that in January 1999, Hardeman received assistance from the 

State in one of his earlier criminal cases prior to providing testimony for the State. More 

specifically, Hardeman was released from the Dallas County Jail at the direction of Officer 

Penrod in order to assist law-enforcement in a separate murder investigation. Our office is 

continuing to investigate Hardeman's role in the investigation and prosecution of the murder 

case. In the meantime, we are attaching relevant copies ofHardeman's DA trial file. 

2. Undisclosed Impeachment Evidence Pertaining to ID witness: 

Both the DPD investigative file and the DA trial file contain information that a witness identified Allen 

in a photo lineup as the person who attempted to use the complainant's stolen credit card shortly after the 

murder. The trial prosecutor's notes specifically indicate that the prosecutor intended to call the witness 

to testify in Mozee's first trial. On the first day of Mozee's trial, June 26, 2000, the trial prosecutor even 

documented that Judge Dean "swore the witness in." However, the witness was never called to testify in 

either trial and there is nothing recorded in the DA trial file indicating why the witness did not testifynor is there any indication that the trial prosecutor disclosed to the defense why the witness was not 

called by the State. 

We recently located and interviewed the witness. According to the witness, the witness appeared in 

court and met with who he believes was the trial prosecutor. However, after being shown two photo 

lineups and after picking who he believes was the "wrong person," both times the witness was told he 

was no longer needed and was subsequently released from the courthouse. Attached to this letter are 

copies of the trial prosecutor's notes regarding this witness. 

Frank Crowley Courts Building, 133 North Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600 
Letter to Mr. Gary Udashen and Ms. Nina Morrison 

December 9, 2015 

Page 3 of3 

As previously mentioned, we are continuing to investigate these cases. Should any additional 

information come to light, this notice will be promptly supplemented. In the meantime, please let me 

know if you have any questions. 

ik_CL (J 

CIA CUMMu"<R.J~ 

s tant District Attorney 

Conviction Integrity Unit 

Dallas County, Texas 

PC/jnp 

Encl. 

Frank Crowley Courts Building, 133 North Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600 

DEF. ATTY.: 

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