include `a summary of the facts pertaining to your offense and trial m your memorandum_.
Rc\.z Ol /`414:/§.1'4
GRGIII'Jl`)&()l`fl?:.v APPLICANT IS INNOCENT AND HIS CONVICTION IS THE RESULT OF PROSECUTORIAL MISCQNDUCT: 5TH AMENDMENT AND 14TH AMENDMENT
OF THE UNITED STATES CONSTITUTION. §
FACT.S.; S~UPPORTING 'G~ROUNI) ONEZ"; _ (A) ADDITIONALLY/ APPLICANT CONTENDS, THAT HE HAS PRESENTED CREDIBLE
SCIENTIFIC EVIDENCE, THAT "CONTRADICTS THE SCIENTIFIC EVIDENCE RELIED ON
BY THE 4STATE AT HIS TRIAL". THUS, INVOKING ARTICLE _11.073(3)(2)\of THE
TEXAS CODE OF CRIMINAL PROCEDURE.
V(C)\ADDITIONALLY! APPLICANT QONTENDS, THE STATE TAINTED WITNESS YVONNE
GONZALES' IN-COURT-IDENTIFICATION. SPECIFICALLY, DETECTIVES EXPOSING
GONZALES TO PREJUDICIALLY SUGGESTIVE POST EVENT INFORMATION: DETECTIVES
T§LLING GON;ALES THAT APPLICANTAWAS A GANG MEMBER. [1]
IN 2014/ GONZALES REVEALED BY WAY OF AFFIDAVIT/ THAT DETECTIVES TOLD HER/
THAT "ALL GANG MEMBER WERE CRIMINALS/ APPLICANT WAS A KNOWN GANG MEMBER T
AND THAT THEY WANTED ALL MEMBERS OF THIS GANG LOCKED UP."
THIS IS SIGNIFICANT, BECAUSE IN HER STATEMENT/ GIVEN TWO DAYS AFTER THE
CRIME. GONZALES IDENTIFIED THREE OF THE PERPETRATORS/ AS TCB GANG MEMBERS.
`RC`V. 01'/1:4/1,4.
Now, AccoRDING,To GONZALES' TESTIMONY, SHE DID_NOTHKNOW THE APPLICANT.
DETECTIVES TELLING GONZALES THAT APPLICANT WAS A KNOWN GANG MEMBER/ WAS
SEVERELY PREJUDICIAL. ACCORDING TO DR. JAMES ALDRIDGE AND ELIZABETH F.
LOFTUS, "SUGGESTIVE POST EVENTI;NEORMATION CAN INFLUENCE A WITNESS' MHKRT§
EVEN SEEMINGLY TRIVIAL INFORMATION AFTER AN EVENT COULD CAUSE LARGE
DISTORTIONS IN THE MEMORY. [2] & [3]
APPLICANT CONTENDS, DETECTIVES TELLING GONZALES THAT HE WAS A KNOWN GANG
MEMBER; WAS PREJUDICIALLY SUGGESTIVE POST EVENT INFORMATION. ESPECIALLY/
PLANTING THE SEED, THAT APPLICANT WAS A TCB MEMBER. THAT IN ITSELF/ WAS
SEVERELY PREJUDICIAL, GIVEN THAT GONZALES HAD IDENTIFIED THREE OF THE
PERPETRATORS AS MEMBERS OF TCB.
THE CLAIMS ASSERTED UNDER GROUND NUMBER ONE, ARE SUBMITTED AND CORROBORATED
WITH THE NEWLY DISCOVERED AND NEWLY OBTAINED SCIENTIFIC RELATED EVIDENCE/
CITED, THEREIN. (FCO]I\UIE: ']HE ASSERI'ICI\B MAI:E HERE`IN, ARE SJPPCRIEI) BY EXHIBI'IS SLJBV[[T]ED
mmAPPLIcmm No. 49,474-05. [1] see; Exhibit A.16, [2] Sée; E§SUPPORTING.-GR{?)UND."TWQ=i
APPLICANT'S CLAIMS ASSERTED WITHIN THE ORIGINAL APPLICATION/ ARE BASED
ON THE NEWLY DISCOVERED AND NEWLY OBTAINED EVIDENCE PRESENTED, THEREIN.
Ré.v.-. 0,1./ 114/154
R`e_v. 01 `/1'4/14,v
.GR<)UND'THREES.
APPLlCANT REASSERTS HIS CLAIMS ASSERTED W;THIN ORIGINAL APPEICATION NO.
49/474-05
'FACT.,SI;SUPBORTING GROUND THREE
HEREIN/ APPLICANT WOULD ADD THE AMENDMENTS SUBMITTED WITHIN THIS PLEADING.
=l,`Of
Re_v-. 01/'14/`.14.-
Re,`v." OKI-/fl 4/:1'4
-GRo.UN"o EQUR~;§ 'APPLLCANT REAS$E§TS HIS CLAIMS AS$ERTED_wITH;N,QRIGINALHAPPLICAjlpm NO,
49 / 474-05
,) FOU;R,:: . HEREIN, APPL,ICANT WOULD ADD THE AMENDMENTS SUBMITTED WITHIN: THIS PLEADING.
'12_\
Rev. 01/..1;,4/14y
.1?3
Rev.~Ol)./'l 4./1*4
GROUNI) FIVE APPLICANT IS INNOCENT AND THIS CONVICTION IS THE RESULT OF CONSTITUTIONAL_
WvIOLATioNS: APPLicANT INVQKES A cLAIM UNDER THE PROVISIONS IN ARTICLE 11.073 TEXAS coDE OF cRIMINAL PROCEDURE
FACTS#::$UPPORTINGGROUND= THE ESSENCE OF THE FOREGOING CLAIMS, ARE
SUBMITTED UNDER ARTICLE 11.073 (A) THE STATE ELICITED, PRESENTED AND RELIED ON THE SCIENTIFIC TESTIMONY OF DR. A.J. ALAMIA/ SPECIFICALLY, THAT "THE HUMAN