1019 Congress, 15th Floor • Houston, TX 77002-1700 • Phone: 713-755-5101 • Fax: 713-755-8924 

Vince Ryan 

Harris County Attorney

 

July 15, 2015 

Ms. Jill Bartek 

Official Court Reporter 

313th District Court 

Harris County, Texas 

1200 Congress, 5th Floor 

Houston, Texas 77002 

 Re: No. 2013-04657J 

313th Judicial District Court of 

 Harris County, Texas 

 Appealed to Fourteenth Court of Appeals 

No. 14-15-00419-CV

Dear Ms. Bartek: 

This letter is sent to you on behalf of the Texas Department of Family and Protective Services 

(“Department”), the petitioner in the above referenced matter, in accordance with Texas Rule of 

Appellate Procedure 34.6(d), which states, “If anything relevant is omitted from the reporter’s 

record, the trial court, the appellate court, or any party may by letter direct the official court 

reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record 

containing the omitted items.” Tex. R. App. P. 34.6(d).

The reporter’s record which was filed in the above appeal currently includes four volumes, each 

of which indicates that you were the reporter who heard and transcribed the material contained 

within each volume. The first volume contains the reporter’s master index, and the fourth 

contains the exhibits admitted at trial. The second and third volumes contain transcriptions of the 

trial proceedings held on January 27, 2015, and April 8, 2015, respectively. While the third 

volume shows that the proceedings concluded on April 8, 2015, the second volume indicates the 

trial commenced on some date earlier than January 27, 2015. First, it begins with the trial court’s 

statement, “All right. Back on the record in 2013-4657J [sic].” See V2, p.6. Then, soon after, the 

appellant’s trial counsel asked the testifying witness, “You testified during the trial when we first 

began several months ago; is that right?” V2, p.19. Moreover, the trial court’s file contains its 

Permanency Hearing Order signed on May 21, 2014, indicating that trial was set to commence 

on August 14, 2014. The court’s file also contains a “Notice of Permanency Hearing and Trial 

Setting,” issued by the Department to the parties in the case indicating that trial was to 

commence on August 14, 2014. Furthermore, these documents comport with the notes and 

recollection of the Department’s trial counsel, who believes that trial commenced on August 14, 

2014, and that the court heard substantive testimony from the psychologist who also testified on 

ACCEPTED

14-15-00419-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

7/15/2015 2:52:49 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/15/2015 2:52:49 PM CHRISTOPHER A. PRINE Clerk
1019 Congress, 15th Floor • Houston, TX 77002-1700 • Phone: 713-755-5101 • Fax: 713-755-8924

January 27, 2015. Therefore, it appears that there was additional evidence offered during the trial 

proceedings that do not appear in the volumes filed in the appeal of this matter.

Accordingly, by issuance of this letter, the Department hereby requests that you supplement the 

appellate record in this matter with transcriptions of any additional proceedings that occurred 

during trial, including any witness testimony heard at the commencement of trial which all 

indications show occurred on August 14, 2014.

Thank you very much for your attention to this request. If you have any questions or concerns, 

please do not hesitate to contact the undersigned counsel for the Department.

Very truly yours,

VINCE RYAN

COUNTY ATTORNEY

By: /s/ Robert J. Hazeltine-Shedd

Robert J. Hazeltine-Shedd

Assistant County Attorney

State Bar #24067652

1019 Congress, 17th Floor

Houston, Texas 77002

Phone: 713.274.5292; Fax: 713.437.4700

Email: robert.hazeltine-shedd@cao.hctx.net

copies to:

Civil Post-Judgment

Honorable Chris Daniel

Harris County District Clerk

201 Caroline, 2nd Floor, Room 250

Houston, Texas 77002

Fourteenth Court of Appeals

301 Fannin

Houston, Texas 77002

Donald M. Crane

donmcrane@gmail.com

John H. Spjut

spjutlaw@sbcglobal.net