"HE'S BEEN IN CUSTODY FOR 312 DAYS!" — Attorney BLASTS Prosecution in Speedy Trial Fight!

[00:00:00]All right. Probation. This is a plea with application.

[00:00:04]Court is calling 2023 CR1296, State of Texas versus Victor Fiser. Can I have parties announce for the record for the state?

[00:00:13]>> Daniel Escobar from the state of Texas >> defense.

[00:00:16]>> Valerie Headland.

[00:00:17]>> And are you Mr. Fischer?

[00:00:18]>> Yes, ma'am.

[00:00:19]>> Council, have you received all the discovery? Did you review it with your client?

[00:00:23]>> Yes.

[00:00:23]>> Court will find that the state is in compliance with discovery.

[00:00:28]Mr. Fisher, I'm going to show you what's entitled application for deferred adjudication or community supervision.

[00:00:33]Did you review that with your attorney?

[00:00:35]Did you understand it? And did you sign it?

[00:00:37]>> Yes, ma'am.

[00:00:38]>> Going to show you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:00:43]>> Yes, ma'am.

[00:00:43]>> Council, do you wave the reading of the indictment?

[00:00:46]>> State, are you proceeding on the indictment as presented?

[00:00:48]>> We are, judge.

[00:00:49]>> Mr. Fischer, I'm showing you what's entitled court admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:01:02]>> Yes.

[00:01:03]>> Did you understand you're charged with offense of possession of a controlled substance penalty group one gram to four grams? That's a thirdderee felony.

[00:01:11]Range of punishment is anywhere from 2 to 10 years in prison and up to a $10,000 fine. Did you understand?

[00:01:17]>> Yes.

[00:01:17]>> Off the record for a moment. Council, did you read the sign before you walked up?

[00:01:22]>> I did not look at it.

[00:01:23]>> All right. Thank you. We're back on the record. Thank you.

[00:01:26]>> Sorry about that.

[00:01:27]>> No problem. It's just that with all the noise, then there's noise picking up by the court reporter. It makes it things difficult.

[00:01:36]>> All right, back on the record. Did you understand if you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:01:52]>> Yes.

[00:01:52]>> Did you understand? You have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:02:00]>> Yes, ma'am.

[00:02:01]>> Did you understand by entering this plea you were giving up those rights?

[00:02:04]>> Yes.

[00:02:05]>> Did you intend to give up those rights and enter into a plea in this case?

[00:02:08]>> Yes.

[00:02:09]>> Did you understand if the court were to grant your application for deferred adjudication if for any reason your deferred adjudication were revoked, the court could find you guilty, sentence you up to 10 years in prison and up to $10,000 fine?

[00:02:21]>> Yes, ma'am. Council, has your client been able to provide you with any defenses?

[00:02:25]>> He has.

[00:02:26]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:02:30]>> I do.

[00:02:31]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:02:35]>> Mr. Fisher, has anyone threatened you, forced you, or placed you in fear to get you to enter the plea?

[00:02:40]>> No, ma'am.

[00:02:40]>> Anyone promised you anything other than the plea?

[00:02:43]>> No, ma'am.

[00:02:43]>> Satisfied with the way you've been represented?

[00:02:45]>> Yes.

[00:02:46]>> Are you a US citizen?

[00:02:47]>> Yes, ma'am. Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that with your attorney? Did you understand it?

[00:02:56]>> Yes.

[00:02:57]>> According to the plea, there's a $500 fine. State recommends deferred adjudication and they're asking for the DOE course. Did you understand that to be the plea?

[00:03:06]>> Yes.

[00:03:06]>> Defense?

[00:03:07]>> Yes.

[00:03:08]>> State?

[00:03:08]>> Yes. Your honor, >> showing you the wave of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:03:15]>> Yes. Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:03:25]>> Yes.

[00:03:26]>> Council, are there any such motions?

[00:03:27]>> No.

[00:03:28]>> Next, I'm showing you outside the agreement. State is requesting that your deferred adjudication be for a term of 5 years. There be tap evaluation and 120 hours of community service restitution.

[00:03:40]Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Yes.

[00:03:46]>> Then to the offense as charged, how do you plead? Guilty, not guilty, or no contest?

[00:03:50]>> No contest.

[00:03:51]>> State any evidence?

[00:03:52]>> State offer states 0 to one in all attachments?

[00:03:54]>> No objection.

[00:03:55]>> You may continue to confer. Thank you.

[00:03:57]Showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it?

[00:04:04]Did you sign it in all the appropriate places?

[00:04:06]>> Yes. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call on the right to remain silent?

[00:04:16]>> Yes.

[00:04:16]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:04:26]>> Yes.

[00:04:26]>> Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments or the court will review the same. States exhibits one in attachments. The court will find there is sufficient evidence to find you guilty. The court will defer finding of guilt as you apply for deferred adjudication. Are you proceeding with sentencing?

[00:04:47]>> Yes, your honor.

[00:04:48]>> Anything you wish to say on behalf of your client?

[00:04:50]>> Your honor, Mr. Fischer um when I first met um him, he was a a mess and he acknowledges that he is looking forward to this opportunity. He is clean and has been for how long would you say?

[00:05:07]>> Um maybe about quite like about a couple months.

[00:05:09]>> A couple months. Okay. And um he even says he'd pass a a UA if you were to give him one today. Um if it's not entirely perfectly clean, I would expect it to be very low since his arrest. Um he is asking for transfer to Corpus Christi so that he can get away from the individual that he was with um at that time. He knows it's a bad situation for him in San Antonio. He has family in Corpus. We have an address um for probation to probation.

[00:05:43]>> Yes. Um and it's cousin. She's um going to help him get on track. He's actually gotten his ID since he's been on pre-trial and is looking forward to getting a job and he fully expects to be 100% compliant for the next 5 years.

[00:06:00]Right.

[00:06:00]>> Yes, ma'am.

[00:06:01]>> All right. When's the last time you used?

[00:06:04]>> The last time I was I was using was um when I was in San Antonio. It looks like about a couple months ago now to be honest with you. And I got tired of being on it.

[00:06:12]>> All right. So, if you're drug tested today, what are the results going to be?

[00:06:15]>> Everything.

[00:06:16]>> Okay. All right. They're going to give you a drug test today, ma'am.

[00:06:20]>> Do you have any children?

[00:06:22]>> Um, no, ma'am.

[00:06:23]>> Okay. When's the last time you had employment?

[00:06:27]>> Um, it's been admitted. I mean, I was um basically I was working for the chip services, but I do have um went to college, followed to college for like about a year and a half and made an A on the pest control class whatsoever and got a high school diploma >> and basically like I mean I got experience with homes, landscaping, designing like the whole day labor, right, with landscaping >> and he also receives disability. So, what is your disability for? uh SSI social security for uh slow learner ADHD student and ADD.

[00:07:04]>> All right. Okay.

[00:07:08]All right. This is what the court is going to do.

[00:07:12]Court is going to sentence you to five years deferred adjudication.

[00:07:17]There's a $500 fine that will be probated.

[00:07:23]And can you tell me what's the court costs on this case?

[00:07:28]All right. So, your court cost in this case is going to be $325.

[00:07:32]Will you be able to pay that if it's placed on an installment plan?

[00:07:35]>> Yes, ma'am.

[00:07:36]>> There's 120 hours of community service restitution.

[00:07:40]You can either complete those 120 hours or you can continue to obtain your college degree or obtain a trade school certificate and the court will deem those hours satisfied. Otherwise, you're going to have to do the 120 hours of community service restitution. Do you understand?

[00:07:57]I'm going to want 90 sober meetings in 90 days. Proof of employment or SSI.

[00:08:06]>> Yeah, I got the social security.

[00:08:09]>> All right. Within 45 days. Just make sure you give it to probation.

[00:08:12]>> Yes, ma'am.

[00:08:13]>> There's to be no employment as a home health care provider or with minors.

[00:08:19]There's be no unsupervised contact with minors.

[00:08:26]There's to be no contact with Justin Joseph Barela. B A R E L A regular reporting by Zoom or in person.

[00:08:46]Uh transfer what's the county in corpus?

[00:08:49]>> Newasis.

[00:08:50]>> All right. Transfer to Newasis County.

[00:08:54]uh tap evaluation out of custody recommendations and those if they want inpatient treatment we'll start with outpatient treatment.

[00:09:04]>> Thank you.

[00:09:06]>> Uh they want you to do the DOE course.

[00:09:11]However, I think that if TAP is recommending outpatient treatment, which I'm sure they're probably going to recommend some sort of treatment for you, I think that will be covered. So, I don't think you necessarily need the DLE course. I know you all agreed to that, but is there going to be any objection from the defense to the court not following that?

[00:09:29]>> No, judge, if you want to hold it in a Yeah, we're good with that.

[00:09:33]>> All right. Well, I'll hold it in aance.

[00:09:35]>> Okay. Thank you.

[00:09:36]>> So, hold in a D O E course.

[00:09:42]>> There you go.

[00:09:43]>> Uh, probation. Is there anything else he needs?

[00:09:46]>> Is there anything else you need from the court to be successful?

[00:09:49]>> Oh, no, ma'am. I just want to say thank you for counsel.

[00:09:52]>> Oh, you're welcome. I'm going to show you what's entitled trial court certification of defendants's rights to appeal counsel.

[00:10:01]>> Yes.

[00:10:03]>> Did you review that with your attorney?

[00:10:06]>> Did you understand it? And did you sign it?

[00:10:08]>> Yes, ma'am. I did.

[00:10:09]>> Because this is a plea bargain agreement.

[00:10:11]Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes, ma'am.

[00:10:20]>> All right, we can go off the record. I know you're living with your cousin, right?

[00:10:23]>> Yes, ma'am.

[00:10:24]>> Do not bring drama to the doorstep.

[00:10:26]>> I will.

[00:10:27]>> Okay. In this courtroom, to be successful in probation, really, communication is key. So, if there's an issue or you see that you're about to use, you need to call somebody. You understand?

[00:10:37]>> Yes, ma'am.

[00:10:37]>> And if you feel as though probation is not addressing whatever issues you're bringing to them, you can always come back to court and let us know.

[00:10:44]>> Yes, ma'am.

[00:10:44]>> All right. Good luck to you.

[00:10:46]>> Thank you, ma'am.

[00:10:46]>> You're welcome.

[00:10:47]>> Thank you, Judge.

[00:10:49]Sorry, >> no problem. So, what are we doing on this case, >> a judge? So, we made >> discovery.

[00:10:55]>> So, we made contact with the complaining witness's husband last night, but I was just going to ask for time to contact the complaining witness herself.

[00:11:02]>> Uh, the husband gave us her contact info. It's just she wasn't there whenever we called.

[00:11:06]>> All right. And so, other than that, do you have all discovery?

[00:11:10]>> Uh, I tried to download it. It I was unsuccessful, but I'll get it tonight. I requested it again. All right, Miss Ferguson, can I have a 30-day reset for discovery? And that'll give you a chance to talk to the complainant as well.

[00:11:24]>> Thank you, Judge.

[00:11:27]>> So, where are we on this case?

[00:11:28]>> Uh, your honor, this is a brand new case. Uh, there is a a an alleged new number one that I uh only became aware of like a day ago. So, I would ask the court, there's an MTR and a number one.

[00:11:44]I've talked to the DA a little bit. Uh, I would ask the court if you could recall this for the 30th. I have to be here for another case and then between now and then I could review the discovery. Uh, see if I okay with the discovery and they work out a an agreement.

[00:12:00]>> All right. Where is the state?

[00:12:02]>> I have no idea.

[00:12:05]>> Oh, okay.

[00:12:07]All right. So, what we're going to do is we are going to put this >> Miss Ferguson. Yes, >> since this is a motion to revoke, what day do you want to put it on? He's saying the week of January 29th.

[00:12:20]>> Um, yeah, he said the 30th.

[00:12:22]>> I have another case to that day. So, I thought I just I'm on the 30th.

[00:12:26]>> All right. So, that's going to be contested or either they're going to work it out.

[00:12:31]So, do you have any questions?

[00:12:36]Can I get a bond?

[00:12:39]Uh, which case doesn't he have a bond on?

[00:12:41]>> Uh, his motion to revoke, I believe.

[00:12:44]>> All right, Miss Ferguson, see if Judge Nahar is available to hear the bond on this matter today. So, we'll get it done either today or tomorrow.

[00:12:57]And so, if you'll have a seat, we'll see you can take it today. All right. You're welcome.

[00:13:02]>> Thank you.

[00:13:02]>> Is there a motion file?

[00:13:04]>> All right.

[00:13:07]So, where are we on this case?

[00:13:09]>> Judge, uh, there's some things I need to look into on Miss Wilson's case. I'm just asking for just another pre-trial reset.

[00:13:17]>> All right. And have you do you have all the discovery from the state?

[00:13:20]>> Yes.

[00:13:23]>> And did they give you an offer or No, >> I've not received an offer, but I would like to. I'm going to file a motion this afternoon to get an investigator >> for the authorization for the appointment investigator because there is something I need to look into.

[00:13:36]>> All right, Norma, in this case, recall it for 45 days. State at the reset on Sarah Wilson, you need to be prepared to make an offer.

[00:13:43]>> Yes, sir.

[00:13:46]>> March.

[00:13:49]>> All right, we'll bring you back on March 5th. If your council wants you here sooner than that, we'll bring you over sooner. Is there anything else?

[00:13:56]Do you have any questions?

[00:13:57]>> No.

[00:13:58]>> All right. Thank you.

[00:14:03]>> Hello.

[00:14:04]>> Hello.

[00:14:05]>> All right. So, we've attempted to have you brought over to court twice, but they tell me you're disrupted. Let me tell you what ends up happening when people are disrupted. They'll bring you over for trial because there are certain legally there are certain parts of a trial that you need to be present for.

[00:14:20]Did you ever see the movie involving Hannibal Lectar? They will bring you over to trial, strapped down to a chair with a face mask on, and guess what?

[00:14:29]Your attorney will try to explain to the jury why you're strapped down with a face mask on. The jury will take it to mean whatever they will mean, and you'll be going to trial strapped down. You understand?

[00:14:42]So, do not be causing issues when you're being brought over. Do not be trying to flood toilets. I always think when people flood toilets, I always think they should be required to clean it up because then they won't do it anymore.

[00:14:57]Somebody had to come and clean that up.

[00:15:01]So, where are we?

[00:15:03]>> Uh, it was actually our first setting today. Judge, I have downloaded the discovery. There's some videos I need to be looking at. Uh, they did give me an offer this morning. My client has declined the offer as of today. I'm going to review the video evidence, have another visit with him, and so at the next setting, we can look at that offer again. All right, Miss Ferguson, recall this in three weeks for a plea deadline date, please.

[00:15:23]>> I can do the 20th.

[00:15:25]>> All right, we're coming back on February 20th. On February 20th, you need to let the court know whether or not you're accepting the state's offer. If you choose not to accept the offer, that's completely up to you. What will end up happening is your plea day and lag date will be expired and you will be going to jury trial. And if after that point you decide to enter a plea, you'll have to plea open to the court because the court will not consider any plea bargain agreements without good cause. Do you understand?

[00:15:51]>> Hold on.

[00:15:53]I only get one plea.

[00:15:55]>> No. What will end up happening is on February 20th, my understanding the state has made an offer to you.

[00:16:02]People sometimes they need time to think about offers. Sometimes people receive an offer and they they want to make a counter offer. they want to say h I won't accept this offer but if you offer me this I'll accept that. So what I'm telling you is if there is any other NE negotiations regarding the plea bargain agreement uh that the state has offered that needs to be done by the 20th and on the 20th you need to let the court know whatever agreement perhaps you all have come up with on that date you need to let me know whether or not you have an agreement whether or not you're accepting a plea if you say I'm not expect accepting the plea then what's going to end up happening is you're going to be put on the trial docket And let's say trial is set and you see a jury coming in and you're like, "Shucks, I need to plea or I want to accept a plea."

[00:16:53]The state may have an offer available that they're offering to you. Or may they may say, "Nope, jury's here. We're going to trial. We're not making you any more offers." Or they may say, "We're going to make you an offer." If they do, then I will only accept a plea bargain agreement without good cause. And what do I mean by that? I mean, you filed paperwork saying, "Hey, I want you to consider this plea because now I changed my mind. I want to end our plea." There needs to be a good reason for me to accept a plea when it could have been done on the 20th because once a jury comes up, the jury's been brought out.

[00:17:29]We're going to trial >> after just so basically it is only just only get one plea in trial. No, you get a chance to say on the 20th >> get one plea then I get to offer a plea then it's trial.

[00:17:41]>> Yes. So what ends up happening on the 20th >> why trial come so soon?

[00:17:46]>> Because in this court when people want a jury trial they get a jury trial quickly. I don't have people staying at the jail. I don't I don't let people stay at the jail for years, months because I don't think that's the way it should be done. I think you're entitled to a quick trial, speedy trial, fair trial. The complainant is entitled to a quick trial, speedy trial, fair trial. People are not entitled to sit at the jail for three years or two years or nine months waiting for a jury trial.

[00:18:18]So, I am working my way through all of the cases that were on my docket before I even became a judge. And people who want trials, they are being given trials. We just finished a trial yesterday and we are starting a trial this afternoon.

[00:18:34]>> Deon, I'll talk to you on Zoom. Just >> All right.

[00:18:36]>> We're getting a reset.

[00:18:37]>> So, that's what's happening.

[00:18:39]>> But it's just a baby question.

[00:18:41]>> My advice to you is we'll talk on Zoom.

[00:18:44]Okay.

[00:18:45]>> All right. So, you'll come back on the 20th. You understand?

[00:18:47]>> We'll have a visit before then.

[00:18:49]>> All right. Thank you. And I'm sure you'll explain everything.

[00:18:53]>> Yeah. Thank you, Judge.

[00:18:54]>> Oh, you're welcome. Have a good one. So what is happening with Mr. Oavdo? We're doing this and then we're we're leaving.

[00:19:02]>> Okay. And where is Mr. Oavdo?

[00:19:06]>> All right. After this then we're recessing.

[00:19:22]>> Yeah. 12 o'clock. I know.

[00:19:26]>> Yeah. Could somebody go get Mr. Oavo?

[00:19:32]Is he outside state? Is Mr. Oavo outside? Could somebody knock him and knock on the door or something?

[00:19:39]>> No, don't knock him. Knock on the door and tell him we are ready.

[00:19:44]>> A real MTR.

[00:19:49]>> Zack. Zack. Zack.

[00:19:57]I apologize. I do not happen to see council.

[00:20:01]>> All right.

[00:20:05]>> So, everyone, we're taking our noon recess and >> they will we will come back with them in the afternoon. So, we're we're going we're checking our recess.

[00:20:19]>> No, >> all of the H our trial.

[00:20:22]>> Oh, we're starting trial at 1:30.

[00:20:24]They're going to have to do something during the break. So, everyone whose case was not taken care of, you need to be back here at 1:30. Thank you for addressing appropriately for quarantine.

[00:20:34]>> All right. So, today is the day for the state to tender an offer.

[00:20:38]>> Uh, Judge, uh, I know that Mr. Holshire spoke, I believe, to David Lun at one point in the last week or two. I don't know if I exactly have that timing right.

[00:20:48]>> A couple days ago.

[00:20:49]>> Okay, there you go. Thank you.

[00:20:50]>> Yes. Um, I don't think that we're going to be able to resolve this with a plea offer. So, >> no, I mean, has an offer been tender because today was the day an offer was supposed to be tender. A tenative offer tended no hard offer has been tended.

[00:21:03]>> Okay.

[00:21:03]>> I'm not even sure what charge we're going to proceed to trial.

[00:21:06]>> All right. So, are you speaking with Mr. Lunan about an offer?

[00:21:11]>> Nope. He referred me back to this court to get an answer.

[00:21:15]>> An answer for what?

[00:21:16]>> On what the charges were going to be, how the case was going to be handled.

[00:21:20]And my understanding right now is that we could proceed under criminal language and homicide or it might be a lesser when we go to trial and we would proceed under the inx manslaughter but I don't have a hard offer and like I said I'm not 100% at this point what charge we would actually go to trial.

[00:21:35]>> All right. So I'm assuming are you all I'm assuming you all will be proceeding on what's in the indictment and then of course if there are lessers requested in the charge then I guess there will be lessers requested.

[00:21:46]>> Yes, judge.

[00:21:46]>> All right. So >> because there's some discussion that they might recharge.

[00:21:52]>> Okay.

[00:21:53]>> So then today is the day because this has been on since March.

[00:21:58]>> Judge, I can make an offer. Uh it's just we have been in contact with defense. I think that any offer we make is likely going to be rejected. No, I mean, so today is just the day there's supposed to be an offer made and I am supposed to have a trial court I'm sorry, an acknowledgement of discovery.

[00:22:18]>> Again, I can make an offer.

[00:22:20]>> Okay. All right. And then after the offer is made, I'll give you a plea deadline date. So, um, once the offer is tendered, I need the acknowledgement and discovery. And sir, how old are you?

[00:22:31]>> Done.

[00:22:33]It's not one in the file.

[00:22:37]>> For some reason, it's not in the file.

[00:22:39]>> Okay.

[00:22:40]>> Another one.

[00:22:41]>> Okay.

[00:22:43]>> So, Miss Fergus, how old are you, sir?

[00:22:46]>> Uh, 56.

[00:22:47]>> All right. Miss Ferguson, set this for a plea deadline date. Uh, the week of July 15th.

[00:22:56]>> He feels younger than he is. He was sick. Okay, that's okay. Well, he doesn't look his age, so that's a good thing. It doesn't matter how old you are. You know, if you don't look your age, that's great.

[00:23:07]>> I look older than my age parents.

[00:23:09]>> Well, are we going to tell our ages now?

[00:23:12]>> I can do July 16th.

[00:23:13]>> All right. So, we're going to come back on July 16th. And let me just tell you, the reason why I ask people's ages is because sometimes I have people before me and they're very young and I know they need time to process what the consequences if they decide to enter a plea is going to be. and sometime they want to speak to their parents or whomever guardian they have. So that's why I always ask. So I think you'll be able to make your decision. All right.

[00:23:39]So July 16th is going to be a plea deadline date. Uh once you sign the reset form, you excuse and council you'll stay so that you can sign the acknowledgement of discovery.

[00:23:51]>> And then if nothing is reached by July 16th, your next date will be a jury trial date. All right. Thank you. You are appropriately for court.

[00:24:00]>> All right. Court is calling nightm 74936 state of Texas versus Lucenne Miranda.

[00:24:08]Can I have parties announce for the record for the state?

[00:24:11]>> Andrew Harrisville for the defense.

[00:24:14]>> And are you Miss Miranda?

[00:24:15]>> Yes, ma'am.

[00:24:15]>> All right. We're here on a violation report. State, have you had a chance to review the violation report?

[00:24:21]>> Yes, your honor.

[00:24:22]>> All right. Uh defense, what's going on here? So your honor, I honestly I don't exactly know what's going on except that I can tell you that starting on the 12th of this month, she has started with AA meetings.

[00:24:36]She has actually I think three sponsors here who are willing to speak on her behalf if that's necessary. Here are the here are the things.

[00:24:45]>> Any objections to the court viewing this council?

[00:24:48]>> No objection.

[00:24:49]>> And also Oh, I'm sorry. There's only two sponsors here. Okay, >> I miss that.

[00:24:55]>> No problem.

[00:24:56]>> And uh she has gone every day since the 12th of June. So even though I don't know exactly what's going on, I do know that she's clearly addressing the problem and is working very hard to deal with this some of the issues that been presented.

[00:25:15]>> All right, state, what are you requesting >> in the proposed order? the first option >> with the addition that when Miss Lucen reports that she provide documentation of attendance at a >> Okay. All right. So, Miss Miranda, you're going to have to stay vigilant about your sobriety.

[00:25:47]Uh, I know that you're you're what you're charged with is driving while intoxicated.

[00:25:53]I don't take any of that as true because nothing has been presented to me. But you're on bond. So, as a part of your bond, there are certain things you have to do.

[00:26:04]Uh, you're on ignition interlock. So, therefore, when it's a positive hit, it doesn't start. But if this continues, what's going to end up happening is I'm going to either have to place you in custody or either you're not going to be allowed to drive. You understand?

[00:26:24]>> All right. This is what the court will do. Uh the court will follow the suggestion from the state and defense.

[00:26:31]Are you in agreement with that?

[00:26:32]>> We are.

[00:26:33]>> All right. I'm going to continue with ignition interlock.

[00:26:36]There's going to be weekly reporting for 60 days in drug a um alcohol testing random. The fees will be waved and I'm going to order 90 sober meetings in 90 days.

[00:26:56]And Miss M, we can go off the record.

[00:26:57]Miss Miranda, this is where you learn and you're supposed to be learning what you need to do to rem maintain your sobriety. So, even though I'm ordering that you do sober meetings every day, if you feel as though you need to do two a day or 10 a week, then do those because you must maintain your sobriety. You have children. You understand?

[00:27:18]>> All right. If there's anything that you need from the court uh to help address any sobriety issues you have, come back to the court with your attorney before I get one of these reports. You understand?

[00:27:29]>> All right. Is there anything else you need?

[00:27:31]>> All right. Good luck to you.

[00:27:32]>> Thank you, Judge. You're welcome. And Miss Phil, if you need a copy of the order, they can uh give you a copy of it in back.

[00:27:40]>> Okay. Thank you.

[00:27:41]>> You're excused. Thank you. Is calling 2023 CR6424, State of Texas versus Jose Gonzalez, Jr.

[00:27:52]Could I have parties announced for the record for the state?

[00:27:56]>> Defense.

[00:27:57]>> Dave Rodriguez for Jose Gonzalez Jr.

[00:27:59]>> Are you Mr. Gonzalez?

[00:28:00]>> Yes, your honor. Did you review the document entitled motion to revoke community supervision and first amended motion to revoke community supervision with your attorney? Did you understand it?

[00:28:10]>> Yes.

[00:28:11]>> Are you the same Jose Gonzalez Jr. who was placed on community supervision in 2023 CR6424 for the offense of unauthorized use of a vehicle on September 29th, 2023 for a term of two years. Is that you?

[00:28:28]>> Yes, sir. state uh which allegations are you proceeding on? All right.

[00:28:35]Uh the state is alleging that in Bear County, Texas, the defendant Jose Gonzalez Jr. did then and there fail to report to the supervision officer as directed for the months of November and December 2023 in violation of condition number four. To that violation, how do you plead? True or not true? Sure.

[00:29:00]>> There are two number fours. Are you proceeding on the amended as well?

[00:29:07]>> No.

[00:29:08]>> All right. And with regards to the other violations, uh, state, do you wave those violations?

[00:29:15]>> Any objection?

[00:29:16]>> No objection.

[00:29:17]>> All right. Mr. Gonzalez, did you understand by pleading true to violation of condition number four, court could find it true, grant the motion in sentencing you up to two years in the state jail facility and up to $1,500 fine?

[00:29:29]>> Yes, sir.

[00:29:30]>> Knowing that, do you still wish to plead true to violation of condition number four?

[00:29:34]>> Yes, sir.

[00:29:35]>> Court will find violation of condition number four true. Uh, could y'all please not talk behind the court reporter while we're on the record? All right. Court will find violation of condition number four true. Is there a proposed agreement?

[00:29:49]>> There is.

[00:29:50]>> And what is the proposed agreement?

[00:29:53]>> Supervision assess punishment and confinement of six months. Your honor, >> state will take into consideration in the Smith's grand jury number 822304.

[00:30:04]>> I'm sorry. 822 >> 304.

[00:30:08]>> And what is that alleged offense?

[00:30:10]>> Possession substance less than a grand.

[00:30:15]>> All right. and probation.

[00:30:17]>> Your honor, probation is recommending treatment with our substance abuse treatment facility that would provide the probationer um treatment and education and his thinking errors related to his substance abuse and will help probationer identify underlining factors of the ongoing use of substance abuse. His last report date was October 4th of 2023. We did make attempts to call him by phone and email. He has his last drug test I believe was it's showing October 16th of 2023 positive for marijuana. He has not made any payment towards probation and he has not completed any uh programs that were ordered. The T ordered a gang evaluation and is showing incomplete.

[00:31:04]>> All right. So I'm not going to give you six months. That's the minimum. You have done nothing. What have you done while you've been on probation to deserve the minimum?

[00:31:18]>> No, I was doing the the parenting.

[00:31:20]>> All right. Raise your right hand for me.

[00:31:22]Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth. So help you God.

[00:31:27]>> Yes, sir.

[00:31:28]>> All right. Could you can lower your hand? State your name for the record.

[00:31:31]>> God is good.

[00:31:32]>> All right. What would you like to say?

[00:31:34]>> Yeah. I was doing the the parenting classes, but I didn't finish it cuz I got I got fired or I got unemployed and um and then my wife my wife kicked me out into the streets. So I was homeless and I didn't have no nowhere to go. So I had no job, no money, no nothing.

[00:31:55]>> All right. So you're telling me your wife who obviously loved you to take you back in even though you had criminal charges, >> she put you out because you were unemployed.

[00:32:05]>> No, she was her boyfriend she was her boyfriend didn't want me to stay there.

[00:32:10]>> Oh, well I understand that.

[00:32:12]>> I mean, she has a boyfriend, but she's letting you live there, too.

[00:32:16]>> Exactly. That's why um she kicked me off the street cuz her boyfriend didn't want me to stay there with her.

[00:32:21]>> Okay. I mean, I hope you understand that. But I was had to be staying there because I was on probation and asked where my address was.

[00:32:29]>> But you understand why if she's in the relationship with somebody else, why?

[00:32:34]>> She said I could stay there with her and then when when I got out um she wanted to to mess up my probation. So she know I didn't have nowhere to stay. So she knew I'll go to the streets and I had no >> All you had to do was come back to court and say I have no place to stay.

[00:32:52]>> Yeah. So I didn't have them on court days at that.

[00:32:56]>> No, I No, I tell everyone if there is an issue with probation and you cannot get in touch with probation, we are here Monday through Friday except on holidays and weekends and I know I told you all you had to do was come into court and say, "Judge, I just been kicked out."

[00:33:11]And if you would have told me that was your living situation, I would have told you. I don't see how that's going to work.

[00:33:16]>> I wasn't thinking. Oh, she had told me I could go stay with her, but or her her boyfriend. I know she had a boyfriend.

[00:33:22]She said she was single.

[00:33:24]>> Well, I think that would have been a very uncomfortable situation.

[00:33:28]>> Yeah, I didn't I would not um said that I could go stay with her, but she she likes me, so it was settled. She set me up for failure.

[00:33:38]>> Well, now you're an adult. You should have known.

[00:33:42]>> I didn't know she had a boyfriend.

[00:33:44]>> Okay.

[00:33:45]>> And she um she didn't want me there. So she said if I would leave, she called cops.

[00:33:50]>> All right.

[00:33:50]>> So I left and she said, "No, I didn't have nowhere to stay."

[00:33:53]>> You should have left and went straight to probation.

[00:33:56]>> I didn't have a phone or nothing.

[00:33:58]>> You should have left. You should have caught the via bus and went straight to probation or either came straight downtown to this.

[00:34:06]>> All right. So here's the thing. The bottom line is I don't think six months is an appropriate sentence for you because you have not completed anything.

[00:34:14]>> Yeah. kicked me out the first month. I I didn't get to get nothing, but I was going to parenting classes.

[00:34:20]>> Mhm.

[00:34:21]>> Okay, I understand. How old are you?

[00:34:25]>> I'm 36. I'll be I'll be 35.

[00:34:28]>> All right. So, I don't think six month months is an appropriate sentence.

[00:34:33]I'm going to give you a choice. I'm looking at the the motion to revoke and I'm looking at the allegations that are in the motion to revoke.

[00:34:44]you have done nothing.

[00:34:47]Uh here's your choice.

[00:34:50]You can either go to the state jail facility for a year or you're going to impatient treatment.

[00:34:58]Those are your choices.

[00:34:59]>> Impatient treatment.

[00:35:03]>> All right.

[00:35:05]This is what the court and uh that's what you all are recommending.

[00:35:09]Impatient. Correct?

[00:35:10]>> Yes, sir.

[00:35:11]>> All right. The court is going to find violation of condition number four true.

[00:35:18]Court is going to deny the motion.

[00:35:22]Alter and amend to include the MRT and probation. Are you recommending SAT or SAP >> SAT? Your honor, >> there's going to be SAT and he's to remain in custody until transfer.

[00:35:41]We can do a referral to felony drug court as well. I don't know if they're going to accept him because I don't know if he's a gang member or not.

[00:35:56]Got to be extended for one year and take consideration grand jury number 822 304.

[00:36:06]And the reason why I am following your agreement to take that into consideration is because they won't transfer him to any type of inpatient program or anywhere unless that case is no longer there.

[00:36:19]>> All right. Is there anything else you need from the court?

[00:36:25]>> All right. We can go off the record. Uh state you're excused.

[00:36:28]>> Thank you.

[00:36:28]>> Here's the thing.

[00:36:31]I am here Monday through Friday. If for some reason for medical issues, I'm not here. There's still the coordinator or another judge who will be here, probation will be here. You can always come in and tell them the issues you are having. But what I will tell you, the only thing that you've successfully done since I last saw you is obtain more tattoos, which I have no problem with people having tattoos, but it's not good for employment because people are going to look at your tattoos >> and I'm self-employed like I could build their houses so I get my own jobs.

[00:37:10]>> All right, so here's the thing. My advice to you, you can take it or not take it. stop with all the facial tattoos unless you're planning to be a rapper, you're planning uh to work in the entertainment industry, and even then sometimes they're going to want you to put on foundation to cover it all up.

[00:37:30]But you're walking into a business with that, people will see it and make certain assumptions.

[00:37:37]>> Me, I see it all the time. So, I'm just I'm always interested in the uh different tattoos.

[00:37:44]All right. So, you're writing a mustache in.

[00:37:47]>> So, when I grow it, >> all right, >> complete.

[00:37:53]>> All right. Good luck to you.

[00:37:58]>> Thank you.

[00:38:00]>> And everyone just >> I think today was the deadline for plea judge.

[00:38:04]>> Yes.

[00:38:05]>> We've confirmed with the state. I've confirmed with my client. At this point, we do not have any meeting of the minds.

[00:38:11]>> All right. So, Mr. Christoal, I'm sorry, Mr. Gomez, your plea deadline date has expired. The court will not consider any plea bargain agreements without good cause. Otherwise, you'll have to plea open to the court. Do you understand?

[00:38:23]>> Well, I I was going to ask you, man, if I can drop it down a little bit. I mean, I'll sign that.

[00:38:28]>> No, no, no. Here's the thing.

[00:38:29]>> Yeah.

[00:38:30]>> And I want to tell you some rules because sometimes I I know that people don't know the rules and especially the legal rules, right?

[00:38:35]>> Yes, ma'am.

[00:38:36]>> These are the legal rules. I am not a part of your plea negotiations with the state.

[00:38:42]>> Okay. Um what ends up happening is the state will tender an offer. Once they tender an offer uh your attorney is ethically bound to tender that offer to you. You have a choice. You can either accept it or reject it. Sometimes you can make what's called a counter offer.

[00:39:01]And what a counter offer is if you tell your attorney, I won't accept A, but I will accept B. then your attorney is ethically uh bound to go to the state and say my client will not accept A. My client will accept B. You understand?

[00:39:18]>> Yeah.

[00:39:19]>> But I am not a part of your plea negotiations.

[00:39:22]>> But I never had an A or the B.

[00:39:25]>> Oh well, here's the thing. When I say A or B, I'm going to ask you some questions. I don't want to know what the offer was to you. Did your attorney come to you and tell you this is what the state is offering you? Yes or no?

[00:39:39]>> Yes, ma'am.

[00:39:40]>> All right, that's an A.

[00:39:41]>> Okay. Okay.

[00:39:42]>> All right. Did you tell your attorney you did not want to accept what the state was offering?

[00:39:46]>> Yes, ma'am.

[00:39:47]>> Did you tell your attorney what you would accept from the state?

[00:39:51]>> Um, >> you haven't told him what you would be willing to accept?

[00:39:55]>> Well, I asked him.

[00:39:56]>> No, no, no, no. Yes or no? Because I'm not trying.

[00:40:00]>> So, you haven't told him that you would be willing to accept a different offer?

[00:40:04]>> No, I have not.

[00:40:06]>> All right.

[00:40:08]I conferred with the state judge.

[00:40:09]There's no wiggle room. So at this point, >> all right. So what your attorney is telling the court is that the offer that you want from the state, there is no need for him to go to the state with that because the state is saying they are not going to go below whatever they offered. You understand?

[00:40:28]>> So do you want to you understand that?

[00:40:30]>> Have you internalized it?

[00:40:32]>> I got you.

[00:40:33]>> All right. Thank you.

[00:40:34]>> So is there anything you don't understand? No, I understand.

[00:40:38]>> All right. So, whatever the state offered you, they're saying they're not going below that. Is that correct?

[00:40:44]>> Yes, sir.

[00:40:45]>> All right. So, then what I need to know from you is whether or not you're entering into an agreement with the state or not.

[00:40:52]>> All right. So, you want a jury trial.

[00:40:54]That's where we are.

[00:40:57]>> Well, I mean, if the state is not going to give you what you want, then the and you're not going to accept what they're offering, then the next step is a jury trial. Okay.

[00:41:05]>> Okay.

[00:41:05]>> All right. How long do we all expect this trial to last?

[00:41:09]>> Two to three days. It's not going to be a long one.

[00:41:11]>> All right, Miss Ferguson. I need a jury trial date on Crisal Gomez.

[00:41:17]Thank you. And they're going to she's going to give me a date. That will be your jury trial date, council. Um if there's an issue with this clothing exchange, just let the court know. You're going to be brought over to court for trial in whatever clothing you were arrested in. If you wish to be attired or dressed in something different, you'll need to do a clothing exchange with your attorney. If your attorney is having some sort of issue with the clothing exchange, they'll let the court know and we'll see what we can do to expedite it.

[00:41:49]>> We'll get them closed, judge.

[00:41:50]>> All right. Thank you, >> Judge. August.

[00:41:55]>> All right. Your jury trial date is going to be August 6.

[00:42:01]Thank you, judge.

[00:42:02]>> All right. Thank you.

[00:42:04]>> And council, have you all already done an acknowledgement of discovery?

[00:42:09]>> I'm not sure.

[00:42:11]>> All right. If you all to do an acknowledgement of discovery before you leave, >> Mr. Diaz.

[00:42:16]>> Your attorney had a medical emergency, so we're going to recall you back in two weeks.

[00:42:22]>> Right.

[00:42:23]>> All right. Uh, what date, Miss Ferguson?

[00:42:27]>> July.

[00:42:29]>> All right. So, we'll bring you back on July 8th. If for some reason uh your attorney is able to come in before then, he'll let us know and we'll put you on the docket sooner.

[00:42:37]>> All right.

[00:42:37]>> All right. Thank you.

[00:42:39]All right. Where are we on this case?

[00:42:41]>> Uh Judge Safe did make an offer today.

[00:42:43]>> Okay.

[00:42:45]>> All right. How old are you?

[00:42:47]>> I'm 24.

[00:42:48]>> All right. Miss Ferguson, on this case, set it for one month for a plea deadline date.

[00:42:55]>> Judge, can I advise the court? There's multiple defendants in this case and seems like we're not getting on the same docket. Is that >> Oh, no. They're they're going to be on the same docket. Um, so don't worry about that.

[00:43:04]>> Okay.

[00:43:06]>> I'm sorry. When?

[00:43:07]>> July 25th.

[00:43:08]>> All right. July 25th is going to be your plea deadline date. Once you sign the reset form, you're excused.

[00:43:14]>> You're welcome.

[00:43:16]>> Judge, I got an offer today.

[00:43:18]Communicated it to my client. We need some time to think about it.

[00:43:22]>> All right. Uh, sir, how old are you? All right, Miss Ferguson, if you'll call this in three weeks for a plea deadline date. It is Brandy Berg.

[00:43:31]>> Thank you, Judge.

[00:43:33]>> And if you all could do an acknowledgement of discovery, please.

[00:43:36]>> Yes, your honor.

[00:43:37]>> All right, we'll come back on July 11th.

[00:43:39]On July 11th, you need to let the court know whether or not you're accepting the state's offer. You understand?

[00:43:45]>> Yes, ma'am.

[00:43:47]>> Thank you.

[00:43:47]>> All right. Thank you.

[00:43:49]>> I got it written down.

[00:43:51]>> I'll be in touch.

[00:43:52]>> All right. And if you all will come back up and just give me a moment. I have to put everything in auto now >> and the system runs very slow.

[00:44:06]All right. Uh Mr. Kobaso, if you can unmute.

[00:44:12]>> All right. Thank you.

[00:44:13]>> All right. So, council, where are we on this case?

[00:44:16]>> Uh your honor, this uh morning is a uh final hearing on this case. Um, this has been a long time coming.

[00:44:24]>> We've been working on this case for a couple years now. Um, trying to get everything kind of positioned so that we can finally do this. We finally got the lab report back. And so today is our, uh, hearing under 64.04 on text code procedure. And so, um, I've confirmed with Missa. Um, we've got a couple of exhibits that we would like to get going on the record and then we can quick.

[00:44:50]>> All right.

[00:44:54]That's okay if I'm back here.

[00:44:56]>> Oh, yes, that's fine. Just give me a moment.

[00:44:59]>> And I'm still looking to see if I have the file.

[00:45:03]>> I mean, I have the the only motion I have in here so far is the motion for DNA testing. That's it.

[00:45:10]>> That would be the motion. So, what happens after that is that they actually go and the court granted that motion way back. I think it was >> Yeah.

[00:45:18]>> So, has the DNA testing been done? DNA testing has been done and so they the court actually did the analysis under 64.03.

[00:45:26]>> Okay.

[00:45:27]>> And so now we have to do the final hearing to determine whether or not um the evidence that came back would have exactly what the language is.

[00:45:38]>> The the exact words are had the results been available during the time of the offense, it is reasonably probable the person would or would not have been using.

[00:45:47]>> Oh, okay. And see, I'm just trying to find that in here, those words, because I don't see that.

[00:45:54]The only thing I see is we're requesting DNA testing. That's all the motion said.

[00:46:01]So, the DNA testing was done and I'm reading the motion and >> I can give you kind of just a factual historical update.

[00:46:12]>> All right, let's let's go on the record.

[00:46:14]Uh, court is calling 2010 CR5796, State of Texas versus Jose Maria Kavasos. Uh, for the state, someone from the state defense, >> David Mlan from petitioner.

[00:46:33]>> All right. And uh, states, you may proceed. Yes, honor. And before we begin, I just ask the court for take judicial notice of the court's file, all the pleadings on file, including the plea bargain agreement, stipulations, the evidence. Um, take notice of all of that.

[00:46:48]>> Any objection?

[00:46:51]>> So, just for a brief background, your honor, this is involving a case where there was a plea to one count of aggravated sexual assault of a child on August 5th of 2011. Um, the Mr. Kvasos was sentenced to 15 years confinement.

[00:47:08]Um we are now here on a chapter 64 motion uh that was filed by Mr. Mlan on behalf of his client. Uh the court granted his testing. Uh the testing has been completed and so we are now here on the the final hearing after the testing has been completed. I will tell the court um just for background knowledge, there was some DNA testing done during the time of the investigation um prior to the plea bargain agreement. U and I don't know how much factual if we want to get into this now or not, but I can.

[00:47:43]Go ahead.

[00:47:43]>> Um so at the time, your honor, before the plea, there were several items given by the complainant's mother um to law enforcement. Uh just for a little bit of factual knowledge, the allegations are that a four-year-old complainant was spending the Thanksgiving holiday with her grandmother.

[00:48:03]>> And just for a moment, sorry to interrupt. Uh by Zoom, we have your client. Uh is there any objection to Mr. Kvassus appearing by Zoom? State.

[00:48:12]>> No objection.

[00:48:13]>> No objection.

[00:48:14]>> Mr. Kvassus, do you have any objection to appearing by Zoom?

[00:48:18]>> No, ma'am.

[00:48:18]>> No, ma'am.

[00:48:19]>> All right. You may continue.

[00:48:20]>> Thank you. Good. um four-year-old the complainant made the outcry that during that Thanksgiving break, Mr. Kvastos um sexually assaulted her. Uh there were four counts in the indictment, Mr. Kvasos pled one count during that investigation because the mother did not exactly know which clothes the child was wearing when she was sent over to her grandmother's house. She um gave law enforcement six pairs of blue jeans, eight shirts, two shorts, three socks, and four pairs of panties. At that time, um two pairs of the child's underwear were tested. There was no DNA. There was no se semen or blood found on the DNA. Um so there was the only thing at the time was uh the child's I guess outcry. Um, so there was no DNA as part of the plea.

[00:49:16]>> Once the the DN once you granted DNA, some of these items were tested. Two of those blue jeans were tested. It was two cutings out of those blue jeans. Um, that was what was tested. That's what we have the results on today. And so that's kind of the where we are today.

[00:49:33]>> All right. And with the regards to the blue jeans being tested, is there an agreement on what the results are?

[00:49:40]>> Yes, sir.

[00:49:41]>> Yes.

[00:49:41]>> All right. And what are those results?

[00:49:43]>> Judge, if I may, um, to submit to the court, um, I'm going to submit first exhibit one. This is the forensic corology report from Bear County Criminal Investigation Laboratory. Uh, this is dated January 6th, 2010. Um, this is the list of the items that were originally submitted for testing. Um and as was previously u identified by Miss Bamora, the only things that were tested uh revealed no semen, no blood, and no matching DNA to my client.

[00:50:14]>> All right. So any objections to petitioners exhibit one?

[00:50:18]>> No objection.

[00:50:18]>> Then petitioners exhibit one will be admitted uh without objection.

[00:50:23]>> Second thing we're going to admit is petitioners exhibit two, which is the forensic advantage discovery packet.

[00:50:29]This was dated March 7th of 2024. Um, this has been previously tendered to the state uh for review. This is the results from the Bear County Criminal Investigation Laboratory. Um, I'm going to uh I kind of doggeeared before the court for easy reference, but it shows that the um the same unknown individual was identified in cutting number one from the Blue Jeans and cutting number two from the Blue James. And >> oh, sorry if you'll just slow down for the court reporter.

[00:50:56]>> I'm sorry.

[00:50:58]and Joseé Marie Kbasos is excluded as a source of this unknown genetic profile.

[00:51:03]And so I would submit petitioners exhibit two.

[00:51:07]>> Any objection to petitioners exhibit two?

[00:51:10]>> No.

[00:51:10]>> All right. Then petitioners exhibit number two is admitted without objection.

[00:51:14]>> Judge I have just from the state. We don't have any agreements in this case.

[00:51:18]Um the state is opposing any sort. uh we would be asking the court to find that uh if that the result had been available um he still would have been convicted under his plea. Um these cutings as we look at the report I'm sure the court will review them u it shows that there was an unknown female profile found on those cutings. So of course this client would not match an unknown female profile. Um, additionally, your honor, uh, those two cutings, um, really didn't have enough evidence of anything on there to do the Y strand, the Y str chromosome testing that, um, the applicant was requesting. So, there was nothing there, they weren't able to get a conclusion. So, what we have here is essentially he is as excluded as an unknown female contributor um, on the genes. So, for those reasons, you're on find that had those results been available. It's reasonably probable that the person that he would have been convicted, there was no DNA at at the time of the plea, there's still no DNA.

[00:52:26]Um it doesn't change the position that we're in. So, we would we would ask you to find that those uh results are unfavorable and it wouldn't change the outcome of the the case.

[00:52:36]>> All right, defense >> judge. Um, I was appointed on this case um, quite some time ago and since then we've we've had the opportunity to try and get the DNA testing done that was not done in this case. Um, and I from from my client from Mr. Gobas's perspective, that was pretty important because the DNA testing, as Miss Zamora stated, the evidence that they had at the time of this plea was, "Hey, we don't have any uh DNA matching you, but we've got all these other items that were never tested, and they're going to come back and they they can show that you're you're a contributor."

[00:53:13]>> Yes, >> Mr. from my conversations with him entered into a plea with basically that big unknown hanging over his head. And we think that had because what we submitted when we asked to get this tested was to have all those items that were in positions exhibit one tested for DNA.

[00:53:36]Everything that got tested was those two blue gene cutings. So we're we can only assume there was no DNA on anything else. And so what we're telling the court is had that information been available to Miss Kbas at that time that Mr. Kvasas would not have entered into this plea bar >> and would have decided to go to trial instead and having no DNA matching him and only having a outcry from a four-year-old that would have changed the outcome of this trial. I think a jury very likely would reasonably have said no Mr. with with results excluding Mr. Kvas would have said no, Mr. Kvas is not guilty.

[00:54:16]And so our position is is that it would have changed the outcome of this trial.

[00:54:22]And and the the language again is important to determine uh I'm sorry. I'm sorry. I'm in the wrong section.

[00:54:33]>> Well, here's my question. Would it have changed the outcome of the trial or would it have just changed whether or not your client entered a plea?

[00:54:42]>> And that's the question. Had the results been available during the trial of the offense because my client and and I can call him if Mr. Gobases wants to testify.

[00:54:54]>> His information to me is I would not have been into this plea had I known this information.

[00:54:59]>> Okay. And so then we would have had a trial. And if those had if those results had been available during the trial of this offense, it's reasonably probable that he would not have been convicted because it conflicts with what the outfire state.

[00:55:12]>> All right. So the court's focus, and correct me if I'm wrong, the court's focus is not whether or not he would have entered a plea. It's whether or not the outcome of a trial would have been different if a trial would have take taken place. Is that correct? Yeah, I think one step that needs to be one thing needs to be clear, judge, chapter 64 is not a vehicle for relief. Um that that would be a writ. So if he were to find that this is a favorable finding, then he could take that evidence and file a writ and then challenge his conviction that way. So we're simply here today on a chapter 64 to determine whether or not this evidence that was tested was either favorable or not favorable. And I'll give you the exact linkage. And if that evidence that you've seen now was available during the time of the offense, it is reasonably probable that the person would or would not have been convicted. So what in at least in my opinion he's giving you is an exclusion of Mr. Kavasos of a female contributor. That's all. So is that favorable or not? And would that if that had been available, would that have would he or would not have been convicted? It's kind of hard because we have a limited record on the plea, but this does not keep him from filing a writ later on on either an ineffective or whatever he wants to do.

[00:56:32]>> But I I just want Mr. Kabasos to know the court's focus is not on whether or not he would have accepted a plea or not a plea. It's whether or not would there have been a favorable outcome at trial.

[00:56:47]>> Agree.

[00:56:47]>> So I just want you to know that Mr. Kvassa. So the issue is not whether or not you would have accepted a plea or not accepted a plea under the law. I'm just here to make a decision about potentially whether there would have been a favorable outcome at trial. Do you understand?

[00:57:04]>> Yes, ma'am.

[00:57:05]>> All right. All right. So, uh what we'll do >> I'm sorry.

[00:57:10]>> I have a question.

[00:57:11]>> Uh yes, you can ask your question.

[00:57:14]>> Okay. Uh, the attorney that I had that was representing me during the court time told me that I had to sign the plea.

[00:57:23]>> Oh, no, no, no. Mr. Mr. Kasos, let me let me just explain to you. One, if there is something you want to say that your attorney said, that is for another hearing. That is not specifically for this hearing. And you probably should talk to uh your current attorney before you do that.

[00:57:43]>> Okay. Okay.

[00:57:44]>> Okay.

[00:57:45]>> All right. So, uh, for both parties, if you want to submit a brief to the court, you're more than welcome to do that. Okay.

[00:57:52]>> If you all don't want to submit a brief to the court, then I will, uh, read petitioners uh, one and two and make a decision.

[00:58:01]>> Sounds good.

[00:58:03]>> Y'all want to submit a brief?

[00:58:05]>> I'll submit a I'll submit a brief, judge.

[00:58:07]>> All right. So, how much time do you want >> given that I have like three appeals going right now?

[00:58:12]>> Oh, no. Just let me know. Um, if I could have 30 days.

[00:58:15]>> All right. Uh, >> Miss Ferguson on Kasos, if we'll recall this in 45 days, >> that judge. Thank you.

[00:58:23]>> All right.

[00:58:25]>> And I'll file an amended states answer.

[00:58:28]>> It won't be long.

[00:58:29]>> All right. So, what date?

[00:58:32]>> All right. So, your your uh briefs will do be due on August 8th.

[00:58:43]And then um Miss Ferguson, let's set this for two days thereafter and then we'll have another hearing and I'll give you my ruling.

[00:58:57]>> August 13th.

[00:58:58]>> All right. So then you all will come back on August 13th, >> which is a Tuesday. Can I get any other day?

[00:59:06]>> All right. Uh any day other than Tuesday, Miss Ferguson.

[00:59:11]That would be perfect. Thank you.

[00:59:12]>> All right. So, we'll do it August uh 15th. And councils, if for any reason you're not prepared on your brief by that date, just let the court know so that we won't uh have him by Zoom.

[00:59:23]>> All right. So, uh Mr. Kabasos, tenatively what's going to happen is on August 8th, both the state and your council will submit briefs to the court for me to review and then we'll come back on August 15th. And on August 15th, I'll make my ruling. Uh, do you understand?

[00:59:41]>> Okay. Okay.

[00:59:42]>> All right.

[00:59:44]>> So, >> we're off the record. Council, >> um, we all know what's happening with Odyssey.

[00:59:52]>> So, if you all could I know how they want you to file it, but if you could make sure that I have a copy just in case it gets lost in the >> I've started more and more and more and I will make sure you have a hard copy.

[01:00:04]>> All right. Thank you. Excuse.

[01:00:06]>> All right. Yes. Uh, do you need to speak with your client?

[01:00:09]>> No, I I can call him later. I've got direct lines to him. And so, Jose, I'll touch base with you after court this morning. Okay.

[01:00:17]>> Okay.

[01:00:17]>> Okay.

[01:00:18]>> Thank you.

[01:00:19]>> Thank you.

[01:00:20]>> That motion and that came through with Odyssey. Um, so I wanted you to see that. The other thing, we were just here I think Monday, but don't hold me to your back. Every day is blending together. Uh, but we got reset to go over discovery and I want to say it was August 19th and I have a vacation letter that day. I didn't realize it when we were here. If we could just push it till the 20th maybe.

[01:00:40]>> All right. Is your client in custody?

[01:00:42]>> Yes.

[01:00:43]>> Uh, Miss Ferguson.

[01:00:46]>> Can you remove Renee Carmillo?

[01:00:48]>> Camaro.

[01:00:48]>> Camaro.

[01:00:49]>> The double L's.

[01:00:51]>> I know.

[01:00:51]>> Uh, we'll just set it on August 20th.

[01:00:54]>> Thank you, judge.

[01:00:55]>> And I'll give you the phone.

[01:00:57]>> Thank you, judge.

[01:00:58]>> You're welcome.

[01:01:00]All right. Where are we on? Who's the attorney on uh Christopher Weezer?

[01:01:04]>> I am, your honor.

[01:01:05]>> All right. And for the state, >> just that his last name with an H.

[01:01:10]>> Yeah.

[01:01:11]>> Oh, yes. Okay. Sorry.

[01:01:13]>> Yes, judge. Um.

[01:01:15]>> All right. Where are we?

[01:01:16]>> So, I'm on two of his felony cases, judge. The possession of controlled substance less than a gram >> and repeated violation of bond detective order. I read the discovery. The discovery seems intact on those.

[01:01:27]However, he does have two assault family violence cases with attorney Greg Desmearis. Um he's set um to appear with the court on that June 25th. So about 5 days from now, judge. All right.

[01:01:40]>> But it's my understanding that um he's going to confirm with the states attorneys and likely reach a resolution on that date. It's just since I'm not on those assaults cases, judge, I can't advocate on >> All right. It's set for June 20th >> and I think uh the other cases judge might be set for June 25th.

[01:01:57]>> Okay. The other two.

[01:01:58]>> No, all of it says June 20th in the file. So, Norma, when is we are set on his other cases?

[01:02:09]>> Yes, that may have been a triple triple to me because I'm going to be out next week and I had requested some of the cases to be moved, but upon looking, I saw that Mr. Desmeris is was in fact on two of his other cases.

[01:02:22]>> Darray, that's how he says he pronounced. Okay.

[01:02:24]>> When we were practicing together, it was not pronounced that way together.

[01:02:30]>> Oh, okay.

[01:02:31]>> Well, when I say practiced together, he was a defense attorney. I was a defense attorney.

[01:02:37]>> I have to remember that. I was kind of >> It's either either now he pronounces it Demeray or Dearay.

[01:02:44]>> I I'm not sure, Judge. But please don't tell Greg. I don't know. All right. Miss Ferguson >> on Christopher Weezer.

[01:02:57]>> Does he have a date for June 25th?

[01:03:00]I see it all for today.

[01:03:01]>> It's all up for June 20th. I want to see when I >> Yes.

[01:03:08]>> All right. I don't know why because I have 20th in every file. All right.

[01:03:11]We're going to come back on June 25th.

[01:03:18]That's that's right, your honor. Is it is it all right Mr. Deere um comes he said he would be here on the 25th date and since he has the more serious offenses I think that mine are likely going to be TIC dismissed judge of course.

[01:03:30]>> Okay. Appreciate that.

[01:03:31]>> All right. Thank you so much.

[01:03:32]>> Thank you.

[01:03:33]>> All right. Thank you back on the 25th.

[01:03:36]>> All right. So where are we on these cases council?

[01:03:39]>> Yes judge. Um in speaking with my clients um I think there's some significant mental health issues. Okay.

[01:03:45]>> I haven't been able to assist in his defense at this time and I don't think he has a rational factual understanding of the shootings judge. So I wanted to see just an abundance of caution about filing for competency evaluation.

[01:03:56]>> All right, Miss Ferguson >> on this case Morris, can you give me a 45day reset for competency? And council, will you file that motion?

[01:04:05]>> Yes, George. I'll file that today.

[01:04:07]>> All right. Thank you.

[01:04:09]And Mr. Morse, we're going to bring you back in 45 days. That's just to see where the evaluation is. All right. Uh, Norma, I need a jury trial date on Nathan Cruz.

[01:04:23]>> Judge, I'd like to make a record on this real judge. This case was originally accepted.

[01:04:27]>> Well, in order to make a record, I need to call the case.

[01:04:30]>> I thought you did. Sorry.

[01:04:31]>> Yeah. All right. Court is calling 2023 CR 96 57 State of Texas versus Nathan James Cruz. Could I have parties announce for the record for the state?

[01:04:45]>> Daniel for the state of Texas.

[01:04:46]>> For the defense, >> Stephen Gilmore from Mr. Cruz.

[01:04:48]>> Are you Mr. Cruz?

[01:04:49]>> Yes, ma'am.

[01:04:50]>> All right, defense. You'd like to make a record?

[01:04:52]>> Yes, judge. This case was last set for trial on Tuesday of last week.

[01:04:58]>> Yes.

[01:04:58]>> We were recalled to Friday. Mr. Cruz was not transported Friday. Uh had this case recalled for today. Uh the I announced ready on Tuesday, would have announced ready on Friday, filed what is defendant's second assertion of his right to a speedy trial. He been in custody as of last Friday, 312 days. Was arrested when he was 17 years old. He's been in continuous confinement. Uh, we made our initial speedy trial assertion on August 9th. On August 14th, I filed a writ challenging probable cause. On August 24th, I filed a motion for examining trial. None were ever set. Um, state indicted the case without conferring with me, though I attempted to. Um, the state is not ready for trial. They've given me every indication that they will never be ready for trial.

[01:05:55]Uh and so I would like the state to be asked to make an announcement on this case on the record that they are not ready for trial um so that I can continue pursuing the speedy trial rights. I can't I can't agree to a reset of the continuum or else I wave this speedy trial rights. So I'm objecting to the reset and I'm asking the state to put their not ready announcement on the record.

[01:06:17]>> All right. And just so um everyone is aware, I'm only one person. I can only try one case at a time. And last week we were in a murder trial. State.

[01:06:29]>> So yes, your honor, we were in a murder trial. Um I I wasn't the one that announced last Tuesday, so I don't know what they announced. Um at this current moment, we weren't aware that it was going to be set for trial today. We thought it was going to reset for another trial date. So this game would be ready.

[01:06:46]But in the case you said we attempt this >> as an officer of the court judge I can tell you that ADA Gahan told me and has been telling me that the state is not ready and it was not not ready because of the murder trial. They are not ready on this case because there are necessary witnesses they don't have and they will never have and so the state's never going >> Let me stop y'all right there. Uh Miss Ferguson have this brought back for June 24th for trial.

[01:07:14]>> There we go. Uh, he'll be dressed.

[01:07:16]>> Thank you, Judge.

[01:07:17]>> Is there anything else?

[01:07:18]>> Nothing further, honor, may we may we be excused?

[01:07:21]>> Uh, yes.

[01:07:22]>> Thanks, Judge.

[01:07:23]>> Uh, well, just one moment. Oh, I need an acknowledgement of discovery file.

[01:07:28]>> Okay, we did that, but I'll do it again if not.

[01:07:31]>> All right.