### EXPARTE CAUSE NOS. F99-02631-R, F00-01305-R WRIT NOS. W99-02631-R(A) andW00-01305-FR(B) IN THE DISTRICT COURT
203RD JUDICIAL DISTRICT STANLEY ORSONMOZEE and 

### § § § § § § § DENNIS LEE ALLEN DALLAS COUNTY, TEXAS

EXPARTE IN THE COURT OF CRIMINALAPPEALS FORTHE STATE OFTEXAS AUSTIN, TEXAS

NO. WR-56,666-03 DENNIS LEE ALLEN 

### § 

### § § § §

EXPARTE IN THE COURT OF CRIMINALAPPEALS FORTHE STATE OF TEXAS AUSTIN, TEXAS

NO. WR-82,467-01 STANLEY ORSONMOZEE 

### § § § 

### § §
SUPPLEMENTAL INFORMATION IN SUPPORT OF APPLICATIONS FORWRITS OFHABEAS CORPUS TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES DENNIS LEE ALLEN and STANLEY ORSON MOZEE, Applicants, and submitthis Supplemental Information in 

### Support ofApplications for Writs Supplemental Information in Support ofApplications for Writs ofHabeas 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

### ofHabeas Corpus and would show the following: I. 

### This supplemental information is contained in the attached letterto 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 fullydeveloped. Respectfully submitted,


### Isl Gary A. Udashen GARY A. UDASHEN Bar Card No. 20369590 BRUCEANTON 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 Behalfofthe Innocence Project ofTexas Counsel for Dennis LeeAllen

Supplemental Information in Support ofApplications for Writs ofHabeas Corpus

- Page 2

### Isl NinaMorrison NINA MORRISON INNOCENCEPROJECT, INC. 40 Worth Street, Suite 70l NewYork,NewYork 10013 212-364-5340 212-264-5341 fax 

### Isl Ezekiel Tyson. Jr. EZEKIEL TYSON, JR. Bar Card No. 24034715 THE TYSONLAWFIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax 

### Counsel for Stanley Orson Mozee

CERTIFICATE OF SERVICE Iherebycertifythatonthe 14thday ofDecember, 2015, atrue andcorrectcopyofthe above and foregoing Applicants' Supplemental Information in Support ofApplications for Writs ofHabeasCorpuswashand-deliveredandelectronicallydeliveredtotheDallasCounty District Attorney's Office. 

### Isl Gary A. Udashen GARYA. UDASHEN

Supplemental Information in Support ofApplications for Writs ofHabeas Corpus

- Page 3SUSAN HAWK CRIMINALDISTRICTATTORNEY 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. NinaMorrison Innocence Project, Inc 40 Worth St., Suite 70I New York, NY 10013 nmorrison@innocenceproject.org Re: StanleyMozee; W99-0263l(A) and Dennis Allen; W00-01305(B) Dear Gary and Nina: After post-conviction discovery ofthe DA trial file took place and after the Court ofCriminal 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 notpart ofthe original DA trial file. As we have previously discussed, our investigation combined with further extensivereview ofthe file as a whole has revealed additional exculpatory and impeachment evidence, all ofwhich 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 ofCriminal Appeals' remand order. As a result, this letter is meant to constitute a Brady Notice regarding the following specific information: 1. Undisclosed impeachmentevidence pertaining to various informants:
• Manning and Degraftenreed We recently provided you with portions ofthe 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 proofseparate 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 atthe time he was providing information regarding Mozee and Allento lawFrank Crowley Courts Building, 133 North Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600Letter 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. Itis important to note that we obtained and provided you with only portions ofthe 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 ofLone! 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 whatthe trial prosecutor testifiedto during the 

### writ hearing inthese 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 relevantcopies ofHardeman'sDA trial file. 2. Undisclosed ImpeachmentEvidence Pertainingto ID witness: Both the DPD investigative file and the DA trial file contain information that a witness identified Allen in aphoto 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 inMozee's first trial. On the first day ofMozee'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 ofthe trial prosecutor's notes regarding this witness.

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

### 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 ifyou 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 NorthRiverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600DEF. ATTY.: RECOMMENDATION 

# woM150 ( J9-i-O FINAi.DATE ASST. D.A. 

### I

### I 

## 4-

-'16'



# \'<\ff!**~** I. 0 -;\ 2- 

### -1-T



## '\\A.ct--t '2--0

LC 

### c··'f"I

## ~c:t(J..U I
..\c,'\

## \~ <-

\p <i

### ~>

## ~ 

# 0<:\i $'"

# '13.**\c:>.:~-­ '\-~'16-tc-\::**  l,A!



## (,, u 't'f'"'\ 

## '?r5%**~o\1S-i11 ---:>;A~.5.** 

# ff. l;S

# 1~ ' ' 

# ll
.... j.j,/

. ' .- '

.



# I ! 1·-..a 

## l -1,.',

## l~ '

t.: -_:.•.' 

# 6('J.4**~-** (fr) 17.;i, 

### -'{d..3 -7'3 11 

## (?..!)**~t'(** - 

### !'{8

- 4f<>P 

## (Su.-) ''(lA-"(1 '/- '1!11