IN THE COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

AUSTIN, TEXAS

EX PARTE §

§

§ NOS. WR-61,119-14

§ WR-61,119-15

BRAD MICHAEL CHILDERS § WR-61,119-16

TRIAL COURT NOS. 380-81373-02(W) HC4, 380-81374-02 (W) HC4,

380-81375-02 (W) HC4

EX PARTE § IN THE DISTRICT COURT

§

§ 380TH JUDICIAL DISTRICT

§

BRAD MICHAEL CHILDERS § COLLIN COUNTY, TEXAS

SUPPLEMENTAL EXHIBITS IN SUPPORT OF

AMENDED APPLICATIONS FOR WRITS OF HABEAS CORPUS

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES the Applicant, BRAD MICHAEL CHILDERS, and submits

these supplemental exhibits in support of amended applications for writs of habeas

corpus and would show the following:

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

WR-61,119-14

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/22/2016 1:55:03 PM

Accepted 12/23/2016 1:59:46 PM

ABEL ACOSTA

CLERK
I.

Applicant’s amended writ applications allege that the state withheld

exculpatory evidence of another person committing similar robberies in the same

geographical location and during the same time period that the robberies occurred that

Childers was convicted of. This person is Jonathan Clark. In connection with these

writ applications, Applicant’s counsel submitted an open records request to the Plano

Police Department for records concerning the three robberies which Applicant was

convicted of.

II.

The attached records from this open records request show the following:

The following witnesses and victims fromthe three robberies which Applicant

was convicted of all stated that the person who committed these robberies had brown

eyes.

Crissy Starkey

Tara Ricklefs

Sheela Singh

Police reports and witness statements showing this are attached. 

Also, among the records produced by the Plano Police Department in this open

records production was a form entitled “Plano Police Department Supplemental

Warrant Information” and a form entitled “Collin County Criminal District Attorney

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 2
Plano Police Department Case Report Form.” Both of these forms state that

Applicant, Brad Childers, has blue eyes.

Other information before the court shows that Clark has brown eyes.

III.

The fact isthat the description given by the victims and witnesses ofthe person

committing the robberies which Childers was convicted of better matches Clark than

Childers. This is additional evidence indicating that the fact that the Plano Police

were aware that Clark was committing similar robberies to the ones Childers was

charged with constitutes exculpatory evidence that should have been revealed to

Applicant’s counsel.

Respectfully submitted,

 /s/ Gary A. Udashen 

GARY A. UDASHEN

Bar Card No. 20369590

gau@sualaw.com

SORRELS, UDASHEN & ANTON

2311 Cedar Springs Road

Suite 250

Dallas, Texas 75201

214-468-8100

214-468-8104 fax

Attorney for Defendant

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 3
CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas

Corpus was electronically delivered to the Collin County District Attorney's Office,

on this the 22nd day of December, 2016.

 /s/ Gary A. Udashen 

GARY A. UDASHEN

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. P. 73.1, undersigned counsel certifies that this

document complies with:

1. the type-volume limitation of TEX. R. APP. P. 73.1(d) because this

memorandum contains 290 words.

2. the typeface requirements of TEX.R.APP.P. 73.1(e) because this memorandum

has been prepared in a conventional typeface using WordPerfect X5 in 14-point

Times New Roman.

 /s/ Gary A. Udashen 

GARY A. UDASHEN

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 4
EXHIBIT

OPEN RECORDS PRODUCTION

FROM PLANO POLICE DEPARTMENT

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 5
1 

INCOl 

AGENCY: 00 

PAGE: 

INCIDENT REPORT DATE PREPARED: 11/29/0; 

INCIDENT NO: 20020005155'. 

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

* OFFENSE NARRATIVE * 

*************+******* 

On 06/03/02 at approximately 1311 hours, I (Officer Tilly #1471) 

was dispatched to 6505 West Park Blvd. Suite 314 at the Marble 

Slab Creamery regarding an aggravated robbery that had just 

occurred. 

Upon my arrival, I spoke -i.vith witness, Crissy Starkey (W/F 1, 

who stated she walked into the Marble Slab Creamery at approximately 

1309 hours and observed a white male approximately 6', 160 pounds, 

wearing a white baseball cap; clean shaven, brown hair 1 brown eyes; 

a yellow collarless short-sleeved shirt with horizontal stripes 

and khaki pants carrying a white plastic bag with an American flag 

on the side, exiting the store'" walk out the door and then t'ilalk 

north towards the Albertson's in the same shopping center as the 

Iv1arble Slab Creamery. 

I then spoke lvith the victimF Mohanunad E. Jamal (P/M ) ,, 

who stated approximately 1305 hours a white male subject walked 

into his store to purchase an ice cream cone. Mr. Jamal stated 

as he was fixing the subject's ice cream cone he noticed the 

subject appeared to be very tense. Mr. Jamal then walked down 

towards the cash register and the subject followed him down there 

and then pulled a black handgun out of the right portion of his 

pants and pointed the gun at Mr. Jamal, telling him to open the 

register. Mr. Jamal stated the subject then walked around a 

cake display located within the store and then through a 

swinging door and thei:i put the handgun, which the subject was 

holding in his right hand, back into his front portion of his 

khaki pants. He then removed the money out of the cash register, 

pulling up a white bag with an American flag on it that was 

plastic and then placing the money inside the white plastic bag. 

The subject then asked Mr. Jamal where his phone was and looked 

in the back of the store, dumped his ice cream cone that Mr. 

Jamal had presented him into a yellow mop bucket when Ms. 

Starkey walked into the store. Mr. Jamal stated the white male 

then exited the store and walked northbound towards the Albertson's 

store. Mr. Jamal stated the subject to be approxirrrately 6 1 tall, 

thin build, brown hair, brown eyes, wearing a white baseball cap 

and a yellow shirt with horizontal stripes and clean shaven. 

Mr. Jamal stated he believed the subject to be between the ages 

of 18-24 years of age. Mr. Jamal stated the subject took 

approximately $100 in currency bills out of the register prior 

to leaving the store. 

ID responded on scene to take photos and attempt to lift 

fingerprints from the crime scene. Detective Marks arrived on 

scene for representation for CID. 

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INCOl PAGE: 

AGENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; 

INCIDENT NO: 20020005155' 

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

* OFFENSE NARRATIVE * 

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

During the course of investigation of this call, a second robbery 

came out under file #02-51555 located at 2100 Dallas Parkway 

at Parkwood Cleaners, which had a similar description of the 

suspect as this robbery with the exception of a different 

color of baseball cap and different color shirt. There was 

also a third robbery under file #02-51565 at 5960 West Parker 

Road suite 224 at the General Nutrition Center giving another 

similar description as our suspect. 

I observed two cameras inside the front portion of the store 

at the Marble Slab Creamery but Mr. Jamal stated the 

cameras were activated but they were not being recorded 

even though there was a recorder hooked up to the camera 

system. 

Prior to my leaving the scene, I vralked up towards the north 

of the shopping center to check the trash cans for possibly 

the suspect dropping the white plastic bag or any other information 

that might be evidence in this crime. Detective Marks and I 

made contact with the management at the Albertson's grocery 

store and viewed their tape of the cameras in -the parking lot 

attempting to see if we could locate the subject on tape. We 

were unable to do so. 

Officers entering into the crime scene included my back-up Officer 

Jackson #1230, PSO Eldridge P938, Detective Marks and myself. 

No other information was obtained regarding this aggravated 

robbery. 

CID follow-up is requested. 

MLC 

06/04/02 

A case report has not been completed. 
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8:cn not arrest 01 det~dned ]T!an.ner, 

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J1 n1, ::i::l:-,11n Dfi ·- . ~f/.0°·3 Address:la2DI .. Lt) 1'D u i\OJV€1JJJ:M1Cj-132ll. City: Lli1 n 0 -~""" State:~ Zip Code: LJ.0~~~·-· 

My occupation is !l(Jrt~S t~~, and I run employed by ~fapda,l oae. Ai;1,,:k> H{J§/lLCe 

My home phone number is l:lJcq-.3\c b-22' '-} 1-f My work phone number is 1iJtl: JdL-JJJ.(JO X 56,35 

Mycellitlar phone number is ,2/i-/-/)gCJ-d-5o'-/ . My pager number is~~~~~~~-~-~··-~·· 

I qb:\\t ~411 I am voluntarily making the foll?wing statement t():Dfl'.. · Y \ . , a Police Officer for the Cicy of Pfa110, 

Collin Countyr1?? . -- !£21 1:1d11e.1i"'\f d 0 

."-> Me.. 

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I have read each page of this statement consisting of page(s), each page of which bears my signature and 

corrections, if any, bear my initials, and I certify under penalty of perjury that the facts contained herein are 

true and correct. l ; 56 · · d - Dated at . , this I day of ' 20..Q,2, 

11 n 

nt 

Subscribed and sworn to before me by on this th" __ day of ____ _ AD.20_. 

Notary Public in and for Collin Counl;y, Texas -·---
1 

INCOl PAGE: 

AGENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; 

INCIDENT l'JO: 20020005155: 

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

·x OFFENSE NARRATIVE * 

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

On Monday 6/3/02 I, Officer Wolf-1452, along with Officer 

McCrary-1188, were working a 2-man until in patrol D-Sector 

assigned to beat 248 when we were dispatched to a robbery 

that had just occurred at the Parkwood Cleaners which is 

located at 2100 N Dallas Pkwy #112 inside the city limits 

of Plano, Collin County, TX. The weather was sunny and 

clear. Officer Mccrary dropped this officer off at the 

Parkwood Cleaners to speak with the reporting party and 

witness while he continued to drive the area searching 

for the suspect. 

Officer McCrary-1188 spoke with employees at the Super 

Target located at Park and Parkwood and observed them to 

have a parking lot video camera which does tape the entire 

parking lot. While at the scene I, Officer Wolf-1452, 

spoke with reporting party Tara Lea Ricklefs (W/F 

who was v;rorking as the customer service/ cashier for the 

Parkwood Cleaners located at 2100 N Dallas Pkwy, suite 112. 

Ms. Ricklefs states that, "About 1:25 man, 5 1 10 11 -5 1 11", white 

male, about 22-26 years old, came in asking for job information. I explained the position available, then when I asked 

for his name and phone number he lifted his shirt which was 

a red shirt with a white shirt under it, blue jeans, red 

cap, brown hair, short, 160-170 pounds, brown trim moustache, 

brown eyes. After he lifted his shirt, pulled black gun, 

automatic, and told me this was a robbery, stay right where 

I was and open the register, now don 1 t move. H'e grabbed 

the cash and the drawer and empty it, grabbed a laundry 

bag which he put the cash in and went out the front door." 

Ms. Ricklefs provided a voluntary written statement which 

is attached to th.is report for all intents and purposes. 

Ms. Ricklefs was obviously shaken, very nervous and panicked 

and appeared near tears. Ms. Ricklefs .initially had trouble 

speaking with this officer due to her apparent fear and 

panic at the just-occurred robbery. Ms. Ricklefs walked me 

through the suspect's entrance into the cleaners, through 

the right hand door of the double doors to the counter where 

he spoke with Ms. Ricklefs for several minutes about job 

information before finally coming around the right side of 

the desk to the cash register where he then raised his shirt 

and pulled a black automatic handgun from the front of his 

waist with his right hand and pointed it at her abdomen/thigh 

area while informing her that this was a robbery. Ms. Ricklefs 

stated that the suspect then saw witness Mary Ann Young pull 

into the front of the cleaners and approach the store',. at 
1 

INCOl PAGE; 

AGENCY; 00 INCIDENT REPORT DATE PREPARED; 11/ 29/ o; 

INCIDENT NO: 20020005155, 

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

* OFFENSE NARRATIVE * 

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

which point he left the store walking normally northbound 

into the shopping center. 

I then spoke with witness Mary An.n Young (W/F 1 who 

stated, "I pulled up to Parkwood Cleaners to drop off dry 

cleaning and a man was leaving the cleaners on foot. He had 

a black bag in hand and was walking north on the sidewalk. 

He was approximately 5'11 n, li'J/M, early to mid 20' s in age, 

dark brown hair, clean cut, wearing a white shirt, jeans and 

red cap. As I entered the cleaners he was approxirnately 10 

feet down the walkv-1ay." 

Ms. Young then told me that Ms. Ricklefs informed her of the 

robbery at which point, she ran back outside with her cell 

phone to call 911. She no longer observed the W/M suspect she 

had seen leaving the store, however, she did see a maroon unknown 

make and model vehicle driving through the parking lot. (It is 

unknown if this vehicle has any relevance to the robbery.) 

Ms. Young provided a voluntary written statement which is attached 

to this report for intents and purposes. CID and ID were called 

to the scene. After ensuring the crime scene was secure, I 

walked northbound through the inirnediate shopping area and spoke 

with the businesses north of Parkwood Cleaners to the corner of 

their building. I was unable to locate any cameras or other 

witnesses to this crime. 

ID tech, J. Rhinebarber arrived to process the scene, however, 

only the front door used by the suspect had any retrievable 

prints. Detective DeLeon arrived to the scene and interviewed 

the reporting party, witness and victim. Before leaving the 

Parkwood cleaners, I was advised by the owner, victim, Green, 

that per the cash register tape the register was opened at 1319 

hours and $326.19 in cash was taken from the drawer. 

No further information is available at this time. A case report 

was not completed by this officer due to lack of suspect infor1nation. 

CID follow up requested. 

pj 

VO 

06/04/02 

I 

I' 
My cellular phone number is'---------

OF ::c: - ' 1r· · ~.won- ___ , a Police Officer for the City of Plano, 

! have read each page of this statement consisting of_ page( s), each page of which bears my signat'!re and 

;orrections, if any, bear my initiels. a..r:d. I certify und~ p.enalty of perjury thitt the facts c.onta.ined herein are 

rue and correct, ~ - -- -

)ated at -· , this 

JTNESS: __________ ~ 

1bscribed and sworn to before me by on this the -~~ day of·-~ A.D.20_.~ 

>lacy Public in and for Collin County,. Texas ---~ 
1 

INCOl PAGE; 

_l\GENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; 

INCIDENT NO: 20020005156c 

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

* OFFENSE NARRATIVE * 

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

On 06/03/02, I (Officer Wicker #1534) was di.3patched to a robbery 

at General Nutrition Center located at 5960 West Parker #224. 

Notes on the call stated a white male, 5'10 11 , approximately 20, 

black hair and bro1.vn eyes, took $300 in cash, Muscle Milk 

products, and a white handset, Notes also stated the subject 

produced a long gun, 1-vhich later turned out to be a black pistol. 

Upon my arrival at the location, I contacted the store owner/manager 

of the store, who was the only employee at the time of the 

robbery. The subject was identified at Sheela Singh (W/F ( 

Singh advised a white male, dressed in a red shirt and khaki pants, 

walked into the store at approximately 1410 hours. The subject 

then went back towards the Muscle Tech products and then grabbed 

two Muscle 1'1ilk containers valued at $40 each and walked up 

towards the register when the store was empty. The subject v-1as 

a t.vhite male approzimately 5'10", lveight 160p black hair 1 bro-wn 

eyes, with no facial hair. He then produced a black handgun, 

pointing it at the store owner and stated, nGive me the money. 

Just move out of the way and don 1 t do anything stupid. il The 

suspect then opened the cash register and took $300 in cash, 

the muscle milk products and a 1-vhi te portable telephone and left 

through the front door of the store. 

CID and ID were paged. When ID responded, they attempted to take 

latent fingerprints from inside the store and it is unknown at 

this time if ID was able to retrieve any latent fingerprints. 

There was also a subject working next door to General Nutrition 

Center who stated she saw a young male approximately 20 years 

old walking fast southbound on the sidewalk in front of the 

stores. The subject was light skinned and had dark short hair 

and dark clothing and was carrying a white plastic bag with some 

GNC products in it. She did not see the subject get into a 

vehicle. The witness' name is Rebecca Bullard (W/F 

There is no further information available at this time. 

MLC 

06/03/02 
ISSUING JUDGE.----'-"ft'--'a,=J'-'-!&_Vl"--_________ COURT_ pi,.,,,.,.,-, '~iJdf _(a i-cf_, __ 

----- ~---------

CHARGE~A;-; {fl 6h.h.er1 BOND /Do_, (JiJO 

DEFENDANT'S NAME Gi,,-/Jtr £ 'i3 rd-J. fh 1'-cAc . ..e_,/ 

(La8t) (First) (Middle) 

SEX_--f.JL.J.---__)RACE_~--"'~-=----'D.O.R ___ _ 

EYES fJf I.A£- HEIGHT _~"-_,l"'---__ .WEIGHT_,__,,,'1_1 __ _ 

DRIVERS LICENSE INFORMATION: 

STATE,_~ ____ NUMBER -~RESTIUCTIONS. ____ _ 

VEHICLE DESCIUPTION: 

LICENSE NO. - 'STATE -- ... 

1l1· t. {L<fi/•;"" Ir~ 7c;o( 1 

City State Zip Code) 

MAKE ___ _,MODEL COLOR ____ . 

HOME ADDRESS _1Sc::_··-:,I) 'u-·~· ."'-::'i(,__,:;..:cj'-n:-~()LJ.yfpf<_-~-~:_,;;...::..:.!,;.,_::_~~~-- (Number Street ' 

City State Zip Code) 

ADDITIONAL INFORMATION ____________________ _ 

INVESTIGATING POLICE OFFICER(S) ________________ _ 

~--
OFFICER( SJ: ,<\RRESTit•IG OFFICER(S): 

Charles Marks. Jake Wicker None 

DEFENDANT: LOCATION OF DEFENDANT: 

Childers Brad Michael At larqa/Warrant issued 

DOB: AGE: 2()_ RACE: While SEX: Male _ HGT: 5'11". WGT: 160 ·- EYES: Blu!i! HAIR: fllond .. --

RES!DENGE: 806 Red Oak, Lewisville. Texas 

DATE OF ARREST: -~N=A~----­ PLACE OF ARREST: __,_N,,_A,,_ __ 

ARREST NO: NA OFFENSE NO: 2002-51565 WARRANT NO: 2002-P-464 JUDGE: McCarthy 

CHARGE: Aggravated Robberv PC 29.03 HABffUAUSE~IOUS OFFENDER:~ 

DATE AND TIME OF OFFENSE: _,.06""-_,,0.,,.3-0_,,. ,,_2 ""at'""'1'-'4_,_,10""h"'o"'u""rs'------------·------· 

WHERE AND HOW COMMffTED: 5960 West Parker Road. Suite 224. Plano, Gollin Countv. Texas. The defendant did 

!hen and there intentionally, knowingly in the course of committing· a theft, as defined in Chapter 31. place another in fear 

of imminent bodily injurv or death and used or exhibited a deadly weapon. 

VICTIM: Singh. Sheela. W/F, ADD~ESS: 5967 Shy Drive, Frisco, Texas 

PROPERTY TAKEN/DAMAGED ANO EVIDENCE OF VALUE: $300.00 of U.S. currencv, two cans of Milk supplement 

valued at $80.00. and a portable telephone valued at $50.0D 

EVIDENCE AND SEIZURES: ~A~s,,,,ix""-p"'h"'ot,,,,o,,,gr"'ap.,,h""'l""in,,,e'-"-u"'p'----------------------­

VOLUNTARY STATEMENT(S) OF: _S=h=ee=l~a ~Si~ng=h~-------------------

CO-DEFENDANT(S): ~N""o""n""e _________________________ _ 

(below for DA use only) 

( ) Case has been accepted. By: Date: _________ _ 

( ) Case has been refused. By: Date: 

( ) Case has been returned for further information as se!forth below. ·----------

Comments to investigating officer:---------------------------

Witnesses: Charging Instructions: 

Miscellaneous: Recommendation: