Texas High School Mock Trial Competition
2017 Case Materials State of Texoma v. Houston Whit
Cause No. 16-908
§ STATE OF TEXOMA § IN THE CRIMINAL COURT § v. § § OF HOUSTON WHIT, § LANDRY COUNTY, TEXOMA § Defendant § § § §
CASE MATERIALS
PREPARED BY:
Stephen W. Gwinn, Esq. Chair, Mock Trial Committee
Fred Moss, Esq. Mock Trial Committee
Sarah Flournoy, Esq. Co-Vice Chair, Mock Trial Committee
Tasha James, Esq. Co-Vice Chair, Mock Trial Committee
Brad Johnson, Esq. Co-Vice Chair, Mock Trial Committee
James D. Blume, Esq. Spencer Bryson, Esq. Jacquelyn Clark, Esq. Jaclyn Kerbow, Esq. Cari LaSala, Esq. Scott Seelhoff, Esq. Stephen Stapleton, Esq.
Cover Design, Cari LaSala, Esq.
COPYRIGHT 2016-2017 TEXAS HIGH SCHOOL MOCK TRIAL COMPETITION. ALL RIGHTS RESERVED. Cause No. 16-908
§ STATE OF TEXOMA § § IN THE CRIMINAL DISTRICT COURT v. § § OF HOUSTON WHIT, § § LANDRY COUNTY, TEXOMA Defendant. § §
STIPULATIONS OF THE PARTIES
The parties agree and stipulate as to the following:
I.
This is a criminal trial that will be tried before a jury. The Prosecution is being made by and in the name of the State of Texoma. Houston Whit is the Defendant. The Defendant has been charged by information with the criminal offense of murder. This will be a bifurcated trial. The parties will only try the issue of guilt or innocence. Should the Defendant be found guilty, there will be a separate trial on the issue of punishment at some future date. An appropriate punishment or the range of punishment is, therefore, not at issue in this trial and is not to be argued. Each person who is a witness has been properly advised of their constitutional rights.
II.
The Information reads as follows:
In the name and by the authority of the State of Texoma, the Criminal District Court of Landry County, in said court at said Term, do present an information that one Houston Whit, on or about the 2nd day of February, 2016, in Landry County and the State of Texoma, did commit the crime of murder, in the County of Landry, located within the State of Texoma, against the peace and dignity of the State. Signed by A. C. Ducey, the Criminal District Attorney of Landry County, Texoma.
III.
There are no defects or infirmities in the information and none may be argued. Defendant has been properly warned of all rights, appropriate bail was set, and said bail has been posted.
Houston Whit’s statement was given freely and voluntarily, and all of the legal requirements for the taking of said statement have been met. Whit’s state and federal constitutional rights, including the right against self-incrimination, right to counsel, and right to due process of
STATEMENT OF STIPULATED FACTS Page 1 of 4 law are not at issue with regard to the statement. The court has both subject matter and in personam jurisdiction over the parties. All questions of fact are being submitted to a jury. Questions of law will be decided by the court.
IV.
All exhibits included in the case materials are authentic and are accurate copies of the originals. No objections to the authenticity of the exhibits will be entertained. The only exhibits to be used at trial are those included in the case packet. The signatures on the witness statements and on all other documents are authentic. The Addenda are signed on the day of trial, and no continuances have been granted in this case.
An exhibit which may qualify as a business record, such as reports from institutions, qualifies as a business record under the Rules of Evidence.
V.
Under the laws of Texoma, a murderer cannot recover from a legal Will if the murderer is convicted of taking the life of the decedent.
At the time of death, the decedent had completed a Last Will and Testament which bequeathed the entire estate to the Defendant, with Wesst Arceen named as the sole contingent beneficiary.
The autopsy and the post-mortem toxicology screening have been on file with the required affidavits for the necessary time to be admissible. Furthermore, the levels noted on the toxicology screenings for “Screen Cutoff” are lethal above the cutoff point. The drugs prescribed by Layne Hendrix in the amounts and dosages prescribed, when given in those amounts and dosages, are not lethal.
VI.
Lymon Francks, Wesst Arceen, and JoJo Nielsen, are to testify on behalf of the Prosecution. They may not testify for or be called on behalf of Defendant. Houston Whit, Doctor Layne Hendrix and Crash Derby are to testify on behalf of Defendant. They may not testify for or be called on behalf of the Prosecution.
VII.
The Prosecution must prove the following elements beyond a reasonable doubt:
(1) The Defendant intentionally or knowingly caused the death of an individual; or (2) The Defendant intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused the death of an individual.
STATEMENT OF STIPULATED FACTS Page 2 of 4 Or, the lesser included offense of criminally negligent homicide:
1) That Defendant recklessly caused the death of Decedent, committing the offense of manslaughter.
VIII.
The following instructions will be submitted to the jury:
The occurrence in question made the subject of this prosecution is the events on or about February 2, 2016 in which Defendant, Houston Whit, is alleged to have committed the offense of murder.
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that a person has been arrested, confined or indicted for, or otherwise charged with offense gives rise to no inference of guilt at trial. The law does not require a defendant to prove his innocence or produce any evidence at all. The presumption of innocence alone is sufficient to acquit the defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant’s guilt after careful and impartial consideration of the evidence.
The prosecution has the burden of proving the defendant guilty and it must do so by proving each and every element of the offense charged beyond a reasonable doubt and if it fails to do so, you must acquit the defendant. It is not required that the prosecution prove guilty beyond all possible doubt; it is required that the prosecution’s proof excludes all “reasonable doubt” concerning the defendant’s guilt.
A “reasonable doubt” is a doubt based on reason and common sense after a careful and impartial consideration of all the evidence in the case. It is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs.
Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. In the event you have a reasonable doubt as to the defendant’s guilt after considering all the evidence before you, and these instructions, you will acquit him/her and say by your verdict “Not guilty.”
A person is criminally responsible if the result would not have occurred but for that conduct, operating alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor is clearly insufficient.
“Murder” is: (1) intentionally or knowingly causes the death of an individual; or (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
STATEMENT OF STIPULATED FACTS Page 3 of 4 The jury may also consider the lesser included offense of “criminally negligent homicide.” “Criminally negligent homicide” is when a defendant causes the death of an individual with criminal negligence.
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
IX.
The Charge of the Court is accurate in all respects, and no objections to the Charge will be entertained.
X.
The following issues will be submitted to the jury:
1. On February 2, 2016, did Defendant commit the offense of murder?
Answer Yes or No:
If you answered “No” to the above question, answer Question 2. Otherwise do not answer Question 2.
2. On February 2, 2016, did Defendant commit the offense of criminally negligent homicide?
Answer Yes or No:
Respectfully submitted,
Attorney for the State Attorney for the Defendant
STATEMENT OF STIPULATED FACTS Page 4 of 4 1 FACT STATEMENT OF LYMON FRANCKS 2 3 My name is Lymon Francks. I am 29 years old and I am a homicide squad detective with the Texoma 4 City Police Department. I graduated from Texoma County High School and immediately enrolled i 5 in Texoma County Community College where I received an AB degree, with highest honors, 6 in Police Science. After graduating, I attended the Texoma County Police Academy where I 7 graduated third in my class, though I am confident that if an investigation was commenced, those 8 others who beat me would have been expelled from the Academy. I attempted to get the Academy 9 interested but typically, politics prevailed. I was the youngest person ever to be assigned to the 10 homicide squad right out of the Police Academy. I assisted lead homicide investigators for several 11 years, working about 2 to 3 homicides a year, before being named a lead investigating detective. 12 13 I was assigned in February, 2016 to lead an investigation into the death of Rojet Noslen, a.k.a. 14 Pauper. This was my second homicide where I was the lead investigator. The first case where I led 15 the investigation was in 2013 involving the death of some homeless guy named Fredo 16 McHenry. I had unequivocally demonstrated during that investigation that his death had been 17 Precipitated by a violent argument with one Guildrey Smith, another homeless person, and 18 involved one Sally Freebird, yet another homeless person, who was “aligned” with Smith but who 19 McHenry had been rumored to have been “seeing” on the side. McHenry’s death resulted from a 20 blow to the head delivered by a blunt object, specifically a wooden Anderson baseball bat wielded 21 by Smith. Anderson is a baseball bat manufacturing company based in Orange County, 22 California. During the course of that investigation, I had successfully identified the bat, the 23 owner of the bat, McHenry, the manufacturer of the bat, Anderson, the perpetrator, Smith, the 24 motive, jealousy, and the cause and time of McHenry’s death. The fact that the case was 25 dismissed by the judge for insufficient evidence was not my call and not my fault. I think the 26 judge and the defense were in cahoots. 27 28 I arrived at the scene of the Pauper murder on Wednesday, February 3, 2016 at 1645 hours, 750 29 Texoma Heights Drive. I was busy that day and as a result the body had been removed by the time. 30 I arrived. The body of the deceased had been found in one of the master bedrooms by Wesst 31 Arceen, a resident of the home. A pill bottle had been found in the decedent’s right hand, opened, 32 with pills lying scattered across the floor and a Sasquatch insulated drinking tumbler near his left 33 hand. A tape outline of the body was on the floor on the entry door side of the bed, 5 feet 7 ½ 34 inches from the side of the bed. The pills, the pill bottle, and the tumbler were still on the floor. 35 Testing of the tumbler revealed 4 prints, all of them belonging to the decedent – a thumb print and 36 prints of all fingers except the smallest finger. It was my opinion that the absence of overlapping 37 and smeared finger prints indicates that this tumbler had been placed in his hand, as the tumbler 38 otherwise appeared to have been wiped clean. This immediately raised my suspicions that 39 something was afoot. 40 41 I interviewed Arceen at the scene. Arceen lived with the decedent. Arceen functions on behalf of 42 the decedent as cook, chauffeur, gardener, answer’s the decedent’s fan mail, etc. Arceen also 43 professes to be the decedent’s “greatest fan.” Arceen advised that the decedent was not depressed 44 but “took a lot of medicine.” Arceen testified that the pills were usually given by either Arceen or 45 Houston Whit, the decedetnt’s business manager, and that lately, the decedent was frequently in a 46 groggy state. I investigated the scene and found a copy of an undated, unsigned Last Will and 47 Testament, cleary marked “DRAFT” on the decedent’s desk. Further investigation revealed the 48 Presence of another Last Will and Testament of Rojet, which had been signed and was dated
FACT STATEMENT OF LYMON FRANCKS Page 1 of 5 1 January 18, 1998. A comparison of the two Wills showed only one major change. In the 1998 Will, 2 the Estate was left to Houston Whit. In the Draft Will, the Estate was essentially left to and under 3 the control of Wesst Arceen. The Estate has an estimated value of $94,848,200.00. That draft Will 4 is included as Exhibit 3. 5 6 I also interviewed Pauper’s doctor, Doctor Layne Hendrix, who was called to the scene by Arceen. 7 Hendrix is a general practitioner and advised that the decedent took medicine to control several 8 maladies, including chronic pain. Hendrix’s opinion was that the decedent was depressed as a 9 result of his pain. The doctor had received a medical degree from Grenada University twenty years 10 earlier and had been Pauper’s doctor for just 14 months. I did some sleuthing – just some good 11 police work -- and found that Dr. Hendrix had voluntarily surrendered a medical license in another 12 jurisdiction over improper prescription practices, over billing, etc. Hendrix apparently cut some 13 deal with the judge there because there was no jail time. I also discovered that Hendrix had been 14 investigated by the Texoma Medical Board, but again, the investigation was dismissed for 15 insufficient evidence of wrong-doing. I have my own idea of what went down, however. Doctor 16 Hendrix was charging the decedent $15,000 a month for the house visits which were 3-4 times a 17 month. Hendrix brought the prescriptions to the decedent so there was no record of what the 18 decedent was taking. The doctor admitted to “spotty record keeping.” We got a warrant for the 19 doctor’s office, which was apparently a 2014 orange Hoffseal, and that search revealed that, other 20 than billing records, Hendrix failed to keep any records of visits or prescriptions – which was a 21 violation of law – but that’s for another day. 22 23 I interviewed JoJo Nielsen, who admitted having a grudge against Pauper. Nielsen had been at the 24 house the night that Pauper died, but denied seeing or speaking with Pauper. Nielsen did tell me 25 that upon leaving the home, an orange Hoffseal SUV was seen entering from the far side of the 26 drive. Nielsen did not remain long enough to verify who was driving that vehicle. Wesst Arceen 27 related to me that an orange Hoffseal was seen leaving the residence, and it was the only vehicle 28 in the driveway at that time. Arceen then turned out all of the lights and set the alarm. My 29 investigation revealed that the only vehicles fitting the descriptions given are owned by Nielsen, 30 Hendrix and Houston Whit. 31 32 I interviewed the Defendant several weeks later, on March 17, 2016. The Defendant, Houston 33 Whit, was not in the house at the time of death but lived most of the time in the house with Pauper 34 and Arceen. Whit also maintained a residence in town. Whit was summoned to the station and 35 came willingly. I inquired into Whit’s whereabouts on February 2. Initially, Whit professed 36 attendance at a gathering of music industry people at Shank’s Last Resort. When I circled back to 37 this alibi at some point later in the interview, requesting names of people who would have been at 38 this gathering, the Defendant changed the story to having been at home, alone. Subsequent to my 39 interview, Houston Whit was charged with murder. 40 41 The Defendant frequently lived in the house with the decedent, though Whit also maintained a 42 residence at an apartment on GG Allin Drive in Russellville. Whit advised me that the decedent 43 was suicidal and depressed. Whit said the decedent was also taking too much medication. Whit 44 further told me that Wesst Arceen had found the decedent increasingly hard to awaken in the 45 morning. Whit denied knowing about the second Will and further denied having any knowledge 46 that Rojet’s Will was changed or why a second Will was being drafted. The Defendant maintained
FACT STATEMENT OF LYMON FRANCKS Page 2 of 5 1 that creation of a new Will would be a task that would have been directed to the Defendant to 2 accomplish. The Defendant had known the decedent a long time and claimed to be like a parent to 3 the decedent. Whit told me that Pauper’s parents had died or had left Pauper at an early age. Whit 4 had nurtured the decedent’s musical talents. 5 6 Whit advised that nothing seemed out of the ordinary during the days before the death. Whit had 7 given the decedent a glass of water at some point in the days before the death, but says Arceen 8 would have tended the decedent primarily. Whit denied giving the decedent illegal “street” drugs, 9 or any drugs at all. Whit had been attempting to get Pauper to self-commit to Grappa Casa Rehab 10 (but he said no, no, no). When asked further about the decedent’s current Will, Whit admitted 11 knowing that the decedent’s current Will left virtually everything to the Defendant. 12 13 Dr. Hendrix told me that Pauper was either unwilling or unable to take pills. So as a solution, the 14 doctor (or Arceen) would crush the pills with a mortar and pestle and dissolve the resulting powder 15 in a liquid, usually tap water. The Defendant denied knowing about that process. However, my 16 investigation of Pauper’s bedroom found a glass on a table beside the bed with fingerprints of 17 Pauper and the Defendant only. There was residue of the same kind of drugs which killed Pauper 18 in that glass (which was dry when I took possession of it as evidence). The testing was not able to 19 determine if that residue was from one or multiple uses. Testing of the Sasquatch tumbler revealed 20 no drug reside. I also found a mortar and pestle (a picture of which is exhibit “11”). Testing of 21 Exhibit 11 revealed that the mortar and pestle had been cleaned, no residue of anything other than 22 cleaner could be detected and no fingerprints could be identified. 23 24 I prepared a sketch of the scene the way it appeared when I got there. The only thing that had been 25 moved was the body, and the medical examiner left the taped outline of where the body was. Even 26 the insulated tumbler and the bottle of pills were still in their original positions when Arceen found 27 the body. Exhibit 8 is the diagram that I created following my investigation. 28 29 Defendant had asserted that on February 2, 2016, the Defendant had neither visited nor stayed the 30 night at the Pauper house. Arceen said that this was not unusual, because the Defendant only lived 31 at the house about half the time, since late fall of 2015. Prior to that time, the Defendant was using 32 the Pauper residence as a primary residence. Arceen had checked on the decedent shortly before 33 1800 hours. That was apparently the last time anyone saw the decedent alive. 34 35 In the past, Arceen had witnessed the Defendant crush up medication and dissolve it in water, 36 which the decedent then consumed, which directly contradicted what the Defendant told me. 37 38 The Defendant denied being at the home the afternoon before the death and denied giving any 39 medication at all to the decedent. The Defendant believes that Arceen improperly administered 40 medication to the decedent. The Defendant did finally admit to frequently “taking over” the 41 medication duties due to Arceen’s perceived incompetence. 42 43 In my opinion, this just doesn’t square with the Defendant’s prior statement that the decedent was 44 taking too many meds. The fact that that draft of the Will was on the desk made me think that the 45 Defendant was lying about not knowing about it, since the Defendant lived there, at least part time. 46 In my opinion, the Defendant killed the decedent to ensure that he got the bulk of the decedent’s
FACT STATEMENT OF LYMON FRANCKS Page 3 of 5 1 property at his death. I’ll leave it to the prosecutors to fill in the blanks – assuming they’re smart 2 enough. 3 4 I can also identify Exhibits 2, 3, 4, 6, 7 and 9. 5 6 Further, affiant sayeth naught. 7 8 Lymon Francks 9 LYMON FRANCKS 10
FACT STATEMENT OF LYMON FRANCKS Page 4 of 5 1 ADDENDUM TO STATEMENT OF LYMON FRANCKS 2 3 I am aware that my qualifications have been called into question. Since this is now my third murder 4 investigation (I am also working the Robert Hatfield murder from a couple of months ago), I feel 5 that I am an actual homicide detective. Whether or not I have the title. See, after the 2013 McHenry 6 investigation, I and my superiors decided that I should take several advanced murder investigation 7 courses, to hone my skills. In March of 2014, I was enrolled in courses at the prestigious Scotland 8 Yard in the United Kingdom. This intense, 4 month training gives all enrollees access to the most 9 advanced and scientific murder investigation techniques available. Every aspect of investigating 10 the taking or a human life is covered in minute detail. Despite the accents of the instructors, I 11 graduated second in my class. 12 13 Thereafter, in October of 2014, I attended the 6 week on-line training course offered by the Police 14 Agency Training Council out of Hartford, Connecticut. I received certificates of completion on 15 everything from bloodstain patterns to proper crime scene breakdown and investigation. Finally, 16 over the summer of 2016, I completed several courses in crime scene investigation, with a heavy 17 emphasis on homicide, from the Yarbro University in rural Mineola, Texoma. In short, I believe 18 that I am the most well-trained homicide investigator in the Texoma PD. 19 20 As for the Pauper murder, testing of the pills found on the floor near the decedent revealed the 21 drug to be a muscle relaxer. Oddly, the autopsy did not reveal any muscle relaxers in Pauper’s 22 system. Even more odd was that the bottle near Pauper had no label on it and only had Pauper’s 23 fingerprints on it. I found it to be suspiciously clean. Furthermore, my investigation revealed that 24 only Arceen and Whit knew the code to the home’s alarm system. The vehicles owned by Whit, 25 Hendrix and Nielsen had access tags that would automatically open the front gate, but the system 26 keeps no record of when vehicles come in and out of the front gate. 27 28 Further, affiant sayeth naught. 29 30 Lymon Francks 31 LYMON FRANCKS 32 33 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on this 34 the day of trial. 35 Penny Lane 36 Notary Public in and for the State of Texoma 37 My commission expires: 38 April 15, 2022
FACT STATEMENT OF LYMON FRANCKS Page 5 of 5 1 FACT STATEMENT OF WESST ARCEEN 2 3 What up, y’all? My name is Wesst Arceen. I live at 750 Texoma Heights Drive. That’s Pauper’s 4 house. I only live there because I need a place to stay while I work out my next move. Pauper’s 5 Will said I could stay here for five years after Pauper dies. I think I have three or four years left. 6 I’m not real sure. I didn’t even know that Pauper put that in the Will until after he died. 7 Whatever it is should be enough time to finish working on the van. 8 9 I’m giving my statement because someone asked me to fill them on the life and unfortunate 10 death of my good friend Rojet Noslen, or as you knew him “Pauper;” rock star and cultural icon. 11 First they said I should tell you about me. Not much to tell, but here goes. I was born in the small 12 town of Tubbs, Texoma. Tubbs is located just outside of Crockett, Texoma, another small town. 13 I graduated from Crockett & Tubbs High School in 1983. I hung around and partied a little while 14 figuring out what to do with my life. I knew some people. Pauper knew some people. The people 15 I know happened to be the people he knew. Who knew? So that’s how I met Pauper. Pauper was 16 working on his music, and trying to kick off his career. I wasn’t doing anything, so I signed on as 17 his first roadie. So like his only roadie. We traveled around some, never staying in one place too 18 long. Life with Pauper was a series of commas, not periods. Never a stop, but a lot of pauses. 19 Life was the road, and we needed to keep moving. 20 21 Houston believes that s/he created Pauper. We were going to make it big with or without 22 Houston. Sure, Houston opened some doors, but by that time, even in the early days, Pauper was 23 an irresistible force. An inevitability. See, Pauper started lots of bands. The one that seemed to 24 stick was what we called the “Noslen Four.” I came up with that name, even though it was 25 Pauper and four other guys. Noslen Five didn’t work for me, and the band liked it. Pauper really 26 liked it. 27 28 We were rolling. Like from small bars to bigger venues. Some days we would put super 29 unleaded in the van just because we had the cash. Things were all groovy. Then I dropped 30 Velma, Pauper’s favorite guitar. He had enough money for another roadie by then, so I didn’t 31 really get fired. I was kinda re-assigned. Pauper thought my talents would be better used in other 32 ways. Right on, right on. I stayed with Pauper, but I didn’t have to carry stuff. Pauper called me 33 his “personal assistant.” That just means I handled anything he didn’t want to do. I had to live 34 with Pauper. Not really a big deal, because we were traveling most of the time. And the whole 35 band generally stayed in one or two hotel rooms, or in the van. 36 37 One night, I think it was somewhere in Louisiana, we had played at this little place and had 38 absolutely killed it. I was helping pack up the band’s stuff (just not Velma) and this creepy old 39 fossil walks up to Pauper and starts schmoozing him, buying drinks and all that stuff. I was busy, 40 and I knew Pauper wouldn’t be sucked in by some fossilized schmoe. So, about an hour later, 41 Pauper introduces me to Houston Whit – the fossil – and tells me that the band has a contract for 42 representation by Whit! I immediately had a bad feeling about Houston. 43 44 It turns out that the band didn’t have a contract at all. Pauper did. Only Pauper. Jorge, Wingo, 45 Paolo, and Ian were out – their careers in music were done. Houston leeched onto Pauper and 46 started spending our money on trainers, coaches, dance instructors; anyone who Houston thought
FACT STATEMENT OF WESST ARCEEN Page 1 of 6 1 could help Pauper “grow” as a performer. Man, Pauper just wanted to do music. So, about a year 2 later, Houston gets Pauper on this hokey television show, “So You Want to Be A Super Star.” 3 You know the one, hosted by that chick, Simone Garfinkle. Anyway, Pauper blows the other 4 performers away and wins the whole show with this original song, “Orange Snow.” That’s a 5 million bucks and a 4 album deal with O Snap! Records. Then Houston starts calling him 6 “Pauper” and that’s how everyone gets to know him, from his first big hit to all the ones that 7 followed. After the 4 albums with O Snap, Houston took a ton of Pauper’s cash and started RoPa 8 Records, so we didn’t have to pay royalties. That decision I actually agreed with. 9 10 Pauper bought the big “Pauper Plantation” (as I called it) about 12 years ago. Maybe 10. Maybe 11 14, who knows. Anyway, we remodeled the house, added an indoor/outdoor pool and a sound 12 studio for recording. I knew how to run that studio as well as anyone. My room was out back in 13 the cabana, which was fine with me. Houston was living in the house, always around, and that 14 seemed to bother Pauper. 15 16 So I spent a lot of time working around the house. I was up every day early, like noon, so I could 17 cook Pauper’s breakfast, hot and ready by 1:30 p.m. sharp, as soon as Pauper was awake and 18 alert. It wasn’t always like that. Some days Pauper slept in. After cleaning up the kitchen, I 19 would work in the garden for a while. Or hang out by the pool. Most days I spent time answering 20 fan mail. If you got a signed letter from Pauper, it was probably signed by me. I saw some of my 21 letters on E-Sell, with an “authentic signature of Pauper.” LOL. I saw less and less of those over 22 the last few years, and the prices went lower and lower. Fan mail went from an afternoon to a 23 few hours to maybe a letter or two. I think that made Pauper sad. That was our normal routine 24 unless Pauper had to go somewhere. Pauper didn’t like to drive. Well, actually, Pauper couldn’t 25 drive. Pauper’s Maserati did 185; Pauper lost his license so driving turned into my job. It’s all 26 good. Pauper bought a Bentley, and had me paint it orange. 27 28 One thing that was weird was that Pauper started having trouble waking up a few months before 29 he died. I mean even more than usual. He was always groggy, but even more so. Sure, there were 30 times when he was up late in the studio, working on the new album. But other times, he just 31 seemed, I don’t know… listless. 32 33 Like life with Pauper wasn’t all negative. He had his down days, but there were some good 34 times, too. There was the time we checked into the Texoma Inn Express just to trash a room or 35 two; A reminder of days on the road. Pauper was doing things like that more often. The road was 36 calling, and Pauper wanted to answer that call. That’s what really drove the new album and tour. 37 Missing the road and the good times. Houston was pushing that, too. Pauper said that Houston 38 wasn’t making any money, and needed “Pauper to get back in the groove.” That yacht payment 39 wasn’t going to make itself. Or so Pauper used to say about Houston. Right on. 40 41 So there was this JoJo Nielsen character. I had never even heard of this bozo until Pauper got 42 sued for stealing music or something like that. I don’t know anything about any of that, because 43 until the lawsuit, I had never even heard of JoJo. But Pauper went overboard to help. JoJo was 44 some kind of struggling musician, laboring in the 4th layer of music hell. Pauper gave some great 45 music to JoJo and JoJo took it and made it bad; so bad that the album flopped like a dead fish in 46 the sun. That was classic Pauper. Helping those people who couldn’t make it on their own. After
FACT STATEMENT OF WESST ARCEEN Page 2 of 6 1 that first hand-out, JoJo was always trying to come by and use the studio. I ran interference, 2 because Pauper was recording, too, you know? On Halloween in 2015, JoJo brings this bimbo by 3 to sing for Houston. What? In Pauper’s house? I stayed outside the door and listened to the 4 singing. Meh, it was fair. When they came out JoJo was all smiles. Houston said something like, 5 “The stuff I put up with…” and walked the other way down the hall. I never saw that girl again, 6 but JoJo and Houston had a shouting match several weeks later, New Year’s, maybe. All I 7 remember was someone yelling “Will” and I guess that was her name. Whatever it was, JoJo 8 didn’t come around much anymore after that. JoJo tried to play like Rojet was a buddy, but I 9 could tell the JoJo didn’t like Pauper. And I got the feeling that Pauper didn’t care about JoJo, no 10 like, no dislike, just … meh, you know? 11 12 I think that Pauper and Houston really weren’t getting along. We all used to be tight. But 13 Houston was all about the money. Houston’s money, anyway. Which was really Pauper’s 14 money. The more that could be taken out of Pauper, the happier Houston seemed to be. Pauper 15 told me that he was about to cut Houston loose. I don’t remember when he told me that, but he 16 did. New Album, new tour, and new management. Houston must have thought that I was 17 pushing Pauper to dump Houston. I know that’s true. One day, I was changing out the patchouli 18 oil in the incense dispenser next to the Yoga studio, and I heard them fighting. Houston said that 19 I needed to go. Houston accused Pauper of abusing drugs, and called me an enabler. Not cool, 20 man. I just did what Pauper needed doing. You can believe Pauper was an addict if you want to. I 21 don’t believe it. Pauper needed his meds. He was in a lot of pain from years of dancing in 22 platform shoes. I’m not really a doctor, but I think the back pain was from the weight of the 23 sequins and rhinestones used on the wardrobe. Pauper had a lot of sequins and rhinestones on his 24 show costumes, too, so it all added up after a while. Pauper had legal prescriptions, so it’s not 25 like it was wrong. 26 27 That fight about the drugs is not the only the only fight I heard. There were other fights, too. 28 They fought a lot more often in the weeks before Pauper died. Everything was an argument. 29 Houston was bringing everybody down. Pauper just wanted to be Pauper, and that made life a 30 cool ride. Houston used to call them “creative differences.” I called them Houston being a 31 greedy, selfish jerk. That’s probably why Houston tried to have me evicted after Pauper died. 32 And this is probably why Houston had been staying at the downtown apartment more often than 33 at home with Pauper. 34 35 So one of the things I was supposed to do was to give Pauper his medicine. Everything from his 36 antibiotics to his anthistamines to his analgesics. It was my job to crush them up and dissolve 37 them in water, like Doc Hendrix showed me. Houston started doing it around Christmas 2014, 38 but I wasn’t sure it was being done correctly. I would watch for a few weeks, but Houston 39 seemed to have everything under control. Besides, there was fan mail to read and those “Friends” 40 reruns won’t watch themselves, right? Oh, I still gave medicine to Pauper, like when Houston 41 called and said I need to, but I always gave the right amount. And I always cleaned the mortar 42 and pestle. Houston always said, “there’s nothing organic on it that can spoil…” But, I cleaned it 43 every couple of days. You know, now that I think about it, Houston showed JoJo how to use the 44 mortar and pestle, too. I showed JoJo how to clean them. I think that JoJo cleaned those things 45 more often than I did. Which was weird, because I don’t remember JoJo ever giving medicine to
FACT STATEMENT OF WESST ARCEEN Page 3 of 6 1 Pauper. I never saw Houston clean them. Of course, I wasn’t around all that much when Houston 2 visited, I’m not a fan of confrontation. 3 4 On February 1st, Pauper and I worked for about 9 hours in the studio, really made some progress. 5 Even laid down a couple of tracks. They were supposed to be first passes at a couple of the 6 songs, but they were solid. Pauper played all the instruments and sang all the vocals. We ran 7 multiple tracks and then put them together. It was a great first pass. 8 9 The next day, I tried to wake him up before noon. He was really tired, but that is understandable 10 – we had crushed a huge day the day before. I let him sleep. We did talk a little that evening, and 11 I even played one of the mixes I had finished of the work the day before. Pauper was jazzed and 12 told me to get him up the next morning! He said morning! 13 14 See, I had done a preliminary final mix on the songs we had cut, and that is what I played. 15 Anyway, I was about to call it a night (it was about 6:00 p.m.) when there was a knock at the 16 front door. It was JoJo. JoJo didn’t even ask about Pauper, just wanted to use the studio. So, JoJo 17 hasn’t been coming around for weeks, and now the studio is mission critical? I explained that 18 Pauper and I were tired, but JoJo kept pushing, so I decided to play along for a while. I loaded 19 some tracks and set the instruments… or rather the instrument – JoJo only knows how to play the 20 guitar. Kind of. JoJo played and sang a couple of thoroughly average songs that sounded a lot 21 like folks songs from the 60s and 70s and I tended the board. After a couple of hours, JoJo needs 22 a break. Fine with me, I need a sandwich. So I go to the kitchen and JoJo walks the other way, 23 around the corner toward the bathroom. I’m like, let JoJo come get me if there is anything that 24 we can do to salvage this “album.” 25 26 After like an hour, still no JoJo. So I go to the studio, and there’s no JoJo there, either. And 27 JoJo’s guitar is gone. So, I’m like, “awesome!” As I am walking back through the foyer to head 28 back to my cabana, I see a car leaving. Which was weird, because I thought that JoJo left an hour 29 or so earlier. The car leaving was a custom orange Hoffseal. Did I mention that Doc, JoJo, and 30 Houston all drive custom orange Hoffseals? What is that all about? Look, by this time, it is like 31 10:00 or 11:00 and I’m tired. House empty, evening over. 32 33 On the 3rd, I had fired up the studio and I walked into Pauper’s bedroom. It was real early, like 34 10:00 a.m. I knew we were going to nail the rest of the album. I’ll never forget what I saw. 35 Pauper in his favorite pajamas, face down on the floor with a bottle of pills in his right hand and 36 his Sasquatch insulated tumbler close to his left hand. I ran to him, but he was already blue. I 37 called 911 and started trying to find Houston. Houston wasn’t anywhere in the house. I texted 38 and about 10 minutes later, Houston called me back. When I told Houston what had happened, 39 all Houston said over the phone was, “Huh.” And hung up. About 20 minutes later, after the fire 40 department and cops were there, Houston showed up. Houston didn’t seem surprised at all that 41 Pauper had died. But something smelled fishy to me. See, Pauper was on the wrong side of the 42 bed – he always slept on the side closest to the bathroom, not the other side. 43 44 I looked at the diagram as the officer was drawing it, and it looks pretty close. In fact, I think it is 45 freakishly accurate. That cop can really sketch! I also found Exhibit 5 in the drawer next to 46 Pauper’s bed. I also recognize and can identify exhibits 3, 6, 7, 9, 10 and 11.
FACT STATEMENT OF WESST ARCEEN Page 4 of 6 1 2 So like if I think of anything else to add, I’ll call you. Or you call me. You know where I live. 3 4 Namaste. 5 6 Further, affiant sayeth naught.
7 Wesst Arceen 8 WESST ARCEEN 9
FACT STATEMENT OF WESST ARCEEN Page 5 of 6 1 ADDENDUM TO STATEMENT OF WESST ARCEEN 2 3 Pauper could not swallow pills. That is why we crushed them up. I had bought a mortar and 4 pestle on MeBay for that purpose. Doc’s suggestion. I always checked it to see if there was pill 5 residue in it before I crushed up anything and gave it to Pauper. Because, like I said, I clean the 6 thing. I just crushed up the pills I was supposed to. I knew what to do. 7 8 I forgot to mention that Doc Hendrix came by on February 2nd. I think it was about 3:00 p.m., 9 because I had just given Pauper his meds. Pauper was half awake, but Doc didn’t stay. I told Doc 10 about the music we nailed the day before, but Doc didn’t say anything about it. We were with 11 Pauper for maybe 20 minutes. Well, Doc was. I had left to go check out the pool. I saw Doc’s car 12 leaving shortly after I got in the water lounge chair. 13 14 Oh, yeah. About the house alarm system. I set that almost every night I remember to. But, it is 15 the last thing I do before I crash. I’ll enter the code and then everything is secure. The cabana is 16 connected to the house, and I have a control panel in there, so I know if it goes off. In all the time 17 we’ve been there, the alarm has never gone off. I know that Houston knows the code, but I’m not 18 sure who else does. Most of the time, the front door is unlocked and the alarm is off - during the 19 day. I suppose I could lock it... that could probably keep JoJo out, you know? Anyway, the front 20 gate and fence keep people out. Also, way too many people know the code. Me, Houston, Doc, 21 apparently even JoJo knows it. 22 23 I was asked if Houston was at the house before Pauper died. I don’t remember seeing Houston 24 there at all on the 1st, when we were in the studio, or the 2nd. That doesn’t mean that Houston 25 didn’t come by, just that I didn’t see. Lots of times, Houston would come by and I would not 26 know until the house was empty again. It’s a big house, man. 27 28 One other thing, the Will that Pauper left gave me $30,000 and the van, along with letting me 29 live in the house. That’s how I was restoring the van. Sure, it was new van, but I like things 30 fancy. And that van will be fancy. And speaking of the Will, Pauper had me find a lawyer to 31 change his Will. I did that, but I don’t know anything about what was in it. Never even saw it 32 before. Sure, it was on the desk, but I’m no snoop. Don’t even know if they ever finished it. 33 34 Further, affiant sayeth naught.
35 Wesst Arceen 36 NAME 37 38 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on 39 this the day of trial. 40 Penny Lane 41 Notary Public in and for the State of Texoma 42 My commission expires: 43 April 15, 2022
FACT STATEMENT OF WESST ARCEEN Page 6 of 6 1 FACT STATEMENT OF JOJO NIELSEN 2 3 My name is JoJo Nielsen. Me and Rojet go way back. We grew up in the same neighborhood and 4 everything. Names were real close. Back in St. Paul. But man, Rojet never did things the old 5 neighborhood way. I knew him before he was anything. Even back before he was struggling to get 6 time on a free stage in town. He’d still be there if it weren’t for me. I’m the reason he made it big. 7 8 You see, I wrote his first hit. Man, it was a doozy. That song was the culmination of years trying 9 to get out of St. Paul. Not the biggest music scene there, you know. Rojet and I were both 10 struggling, covering other bands, trying to be the next big thing, you know? I went to him with this 11 beauty of an original song, and he told me it was dirt. Said it wasn’t worth the paper it was written 12 on. Advised me to throw it out and start over from scratch; that not one note was salvageable. Man, 13 I was hurt, and we split up that night and I headed out west. See, I had poured my soul into that 14 song, you dig me? But I respected Rojet; I respected his music; I respected his vision. I thought he 15 was seeing something I didn’t, you know? Well he sure was. A few years later, Rojet has this break 16 on TV and wins this stupid show with an “original song” and you know what? It was my song, 17 “Orange Snow.” Word for word, note for note. Not one difference. I couldn’t believe my ears. Just 18 could not believe it. You just don’t do that in St. Paul, you know? Maybe somewhere else, but not 19 us from the old neighborhood. I was furious. I hired a lawyer two hours after watching the finale 20 of the show. I wasn’t gonna take that lying down, you know? I sued Rojet for all he was worth. 21 Show him to take advantage of someone from our old neighborhood. Can you believe that? 22 23 Well, I didn’t win the lawsuit. Judge tossed it out. Apparently I had “no evidence.” No evidence! 24 Can you believe it? That judge was a snake. That was obviously my soul in that song. I couldn’t 25 believe it. Just could not believe it. So what if I couldn’t find my copies of the music. So what if 26 the copies Rojet had were in his handwriting? It was obvious to anyone who listened to the music 27 that I wrote it. 28 29 Anyway, a few years later, once Rojet was really rolling in dough, he called me out of the blue. 30 Can you believe that? Said he was willing to help me with a project I was working on. Like that 31 would make up for stealing my big break out from under me! Unbelievable. A kid from the old 32 neighborhood would never disrespect someone like that. But I figured hey, I created this gravy 33 train, might as well ride it. I don’t have to like the guy, and I sure didn’t ever trust him. I decided 34 to call it JoJo Nielsen and the Clocks, ‘cause I wanted to clock Rojet so bad. Rojet played guitar 35 and bass and wrote some of the music on the album, and I was lead vocals. I think it made Rojet 36 feel a little better about stealing my music; I hate that. He should have felt guilty until the day he 37 died. The album was a disaster. The album was panned by every music critic and we went straight 38 to free internet downloads. There was only one song that got any playtime on the radio, and it 39 never made it to the top 100. I felt like Rojet dumped all his crappy stuff on me. I did get to spend 40 a lot of time at his incredible house, and that wasn’t all bad. I was trying to put up another album. 41 I kind of felt like Rojet set me up, but I also felt like it was over for him. But, even if it was over 42 for him, it was no way over for me. Man. 43 44 But man, you know who never did one single thing for me? That Houston Whit. Everyone knows 45 that Houston got claws into Rojet early. In fact, I wouldn’t be a bit surprised if it was Houston who 46 convinced Rojet to use my first song, the one that got stolen. I never realized that before, you
FACT STATEMENT OF JOJO NEILSEN Page 1 of 4 1 know? Houston is a fraud. And I blame Houston for destroying my relationship with Rojet. And I 2 blame Rojet for letting that happen. 3 4 You see, after Rojet stole my song and hit it big, I found Houston and spilled the beans on Rojet 5 stealing my music. I said, you gotta represent me. I can be the next big thing. I clearly have the 6 talent, you know? My song made it big. I know I have more in me. And you know what that 7 Houston told me? No. Can you believe that? Didn’t even think about it. Just no. Unbelievable. So 8 I sued and lost. 9 10 Not to mention, Houston was forever trying to stop Rojet from letting me use his studio – the best 11 one, the one right in his house. Man, that studio was beautiful. All the best equipment. That studio 12 could make a howling dog sound like Freddy Mercury. I loved that studio. It almost made Rojet’s 13 deceptiveness bearable. Almost. If I could’ve finished the album I was working on in that studio, 14 things would be different. But that Houston had Rojet working ‘round the clock on that new album 15 of his. The one with the new “in” sound. Total garbage, if you ask me. I really think that Houston 16 has lost it. Clearly can’t tell when a real star is right there, just needed good representation. Houston 17 should have let me have more of a hand with Rojet’s latest album. Houston wouldn’t let me near 18 that project. Can you believe that? I’m pretty sure Houston just didn’t want me using the studio. 19 Houston knew my album was better than that garbage Rojet was making. Probably didn’t want to 20 look the fool when my new album hit big after refusing to represent me all those years ago. 21 Unbelievable. 22 23 That’s not even everything that Houston has done. I’ve got this daughter, you know? She’s 24 incredible. She’s even better than I am, if you can believe that. She’s gonna hit the charts like a 25 wrecking ball. She’s gonna make the climb, all the way to the top. Sometimes we jam together and 26 it’s just like, we can’t stop. I tell everyone about her. So I figure, let bygones be bygones, you 27 know? This is Houston’s chance to have another big star. That Houston could stand to be a mentor 28 to another hit artist, you know? Houston spent so much time hovering around Rojet, trying to 29 control his every movement and interaction; I figured my Gidget would be the perfect distraction. 30 Rojet needed a break from Houston’s meddling, you know? So on Halloween, I bring Gidget to 31 Houston, set her up in Rojet’s studio, and she sang her heart out. All Houston said was, I want to 32 see you again. We were probably speechless. 33 34 So we don’t hear anything for a few weeks. Then right after New Year’s, I run into Houston at 35 Rojet’s house when I was checking to see if the studio was available (it wasn’t, thanks to Houston 36 and Wesst). I asked Houston about Gidget, and you know what? Houston didn’t even remember 37 her! My Gidget! I couldn’t believe it. I was furious. I saw red. I just started yelling, everything 38 I’ve held back all these years of working with Rojet and watching Houston manipulate his every 39 move. So, I told Houston that Rojet was changing his Will and was getting a new manager; 40 probably because Houston was driving him crazy with the new garbage he was forcing him to put 41 on his album. I’d sworn to Rojet that I’d keep that a secret, too. I just thought, Rojet broke my trust 42 when he stole my music, why should I keep his secret? I knew Houston would hate it that Rojet 43 had done something without consulting his all-powerful agent. Man was I right. Houston’s face 44 turned purple. I just turned around and walked away. I could tell Houston was fuming. 45
FACT STATEMENT OF JOJO NEILSEN Page 2 of 4 1 I probably shouldn’t have told Houston about the Will and the new manager plan. I realized that I 2 had probably crossed the line, but I was really mad, and really, I didn’t care. I wasn’t around the 3 house much after that, because I was looking for a studio and didn’t have one that I liked. The few 4 times I did see Rojet after that, he seemed more sluggish that usual. Like, he spent lots of time in 5 bed, more than usual, you know? I can’t put my finger on it, but something was definitely up… or 6 down. 7 8 I remember the day before Rojet died. I went by to work with Wesst in the studio – Wesst was 9 tired from working all day with Rojet. Or, at least that was the story. I stepped into the house and 10 reminded Wesst that we had planned to work together on my newest album, which was going to 11 be massive. They never lock that door, and I know the entry code for the gate. I think it was about 12 8:00 p.m. when I got there, and I parked in front of the house – only car there. Wesst was really 13 not interested in helping me, but I wasn’t taking ‘no’ for an answer that night. We got to the studio 14 and started loading tracks, prepping to play, all that. At least Wesst knew the studio. So, we work 15 for maybe 45 minutes, really cooking, and Wesst says something about being hungry. And then 16 off goes Wesst, to the kitchen. Look, I may not be the sharpest knife in the drawer, but I knew that 17 whatever work we had done was finished that night. So, I let Wesst disappear, grabbed my guitar 18 and headed out. I was not all that happy about it, because first Rojet treats me like garbage and 19 then his lackey does the same thing. 20 21 I walked to the front door and showed myself out. When I got into my car, it was 9 something. 22 Maybe later. I start my car and check my phone to see if anyone has texted me or called. I think I 23 had a text or two to respond to, so I did. As I looked up, I could see a car coming up the drive from 24 the other side. I was sure that it was Houston’s orange Hoffseal, who else would be coming over 25 there that late? Houston lives there. But I didn’t hang around to find out. I was done with Houston, 26 I don’t need that kind of negativity in my life. So I left. And, really, I didn’t know when I would 27 come back. 28 29 Then came that day. I got a call from Wesst on February 4, 2016 telling me that Pauper had died 30 the day before. I was a little numb. It was like the music in me had died. I don’t know if I will ever 31 finish my new album. I mean, Rojet had taken so much from me, but I kind of wanted to give him 32 the chance to make it right. Kind of. I got into my old Chevrolet and drove down to the levy, but 33 there wasn’t any water… I just sat there. 34 35 I recognize and can identify Exhibits 6, 8, 9 and 11. 36 37 Further, affiant sayeth naught.
38 JoJo Nielsen 39 JOJO NIELSEN 40
FACT STATEMENT OF JOJO NEILSEN Page 3 of 4 1 ADDENDUM TO STATEMENT OF JOJO NIELSEN 2 3 It never even occurred to me to talk about the drugs Rojet was taking. I guess I thought everyone 4 knew about them. See, in the fall of 2015, I was over at the house, just to visit and try to talk to 5 Houston about representing me and Gidget. I still had hope then. Anyway, Wesst invites me in and 6 says that it is “feeding time” for Rojet. It was just after noon, so I thought that Rojet was going to 7 eat, so I went up to the bedroom with Wesst. Houston was sitting there in one of the chairs in the 8 room, just watching Rojet sleep. Houston doesn’t even look up when we walk in. Wesst then 9 proceeds to drop 4-5 pills into this old fashioned mortar and pestle set up and start grinding away. 10 11 Wesst then says to me, “Hey, can you mash those pills into a powder for me while I get some 12 water?” I had no idea what to think, but I used the pestle to grind the pills into a powder. Wesst 13 walks back with a pitcher of water from the water cooler and looks into the mortar and says, “like 14 this, it needs to be more ground up, so it dissolves easier…” and proceeds to show me how to mash 15 up pills. Wesst then scrapes the powder into a glass and pours water into it. At this point, Houston 16 decides to get involved and walks over and takes the glass to Rojet. Wesst gives an eye roll and 17 says, “I can give him the glass, too, you know.” Rojet wakes up a little and drinks the whole glass, 18 and then lays back down. I had no idea what to think, but Houston left before I could ask any 19 questions. So I left, too. I personally never gave any drugs to Rojet. In fact, that day was the only 20 time I actually helped with the medicine, or whatever they were giving him. I remember thinking 21 that they were giving him a lot, but what do I know? 22 23 See, Rojet had given me and Houston the same kind of car. I think that quack doctor had one, too. 24 We all had 2014 orange Hoffseal Limiteds. I think that Rojet just like the car, and my old Chevy 25 wasn’t near as reliable, and nothing was that loaded. 26 27 One more thing. I didn’t leak the new album. I know I had access and all, but I didn’t do that. I 28 don’t know who did, but if I had to bet, I’d bet on Houston. See, all that stuff about a new Will; 29 that was true. I saw a draft of it on the desk in the office a few days before Rojet died. I admit, I 30 made up the part about the new manager. But Houston is in it for Houston. And no one else. 31 32 Further, affiant sayeth naught.
33 JoJo Nielsen 34 JOJO 35 36 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on this 37 the day of trial. 38 Penny Lane 39 Notary Public in and for the State of Texoma 40 My commission expires: 41 April 15, 2022
FACT STATEMENT OF JOJO NEILSEN Page 4 of 4 1 STATEMENT OF HOUSTON WHIT 2 3 My name is Houston Whit. I am 61 years old and I was RoJet Noslen’s business agent for his 4 entire career. I discovered Rojet and made him “Pauper,” the superstar. 5 6 Where to begin. I saw Rojet for the first time when he performed as the lead singer for a group, 7 The Noslen 4, at a small club in Baton Rouge. Somebody tipped me off that there was an 8 extraordinarily talented kid performing there. He was fantastic! Only a teen, yet he could dance 9 and sing like Michael Jackson and Little Stevie Wonder and play the guitar like Jimi Hendrix – 10 all at the same time!! I was blown away. After the show, I tried to speak to Rojet, but couldn’t 11 get past the bouncers. Later, I snuck into one of Rojet’s practice sessions and spoke to him. I told 12 him that the band was preventing him from becoming a super star and that he ought to let me be 13 his agent. I’d get him on the “So You Want To Be A Super Star?” reality TV show where he 14 would surely win and jump-start his career. 15 16 Rojet then signed a contract with me. That was 33 years ago. After I took over as Rojet’s 17 managing agent, I carefully nurtured his career, getting him singing, dancing, and guitar lessons, 18 as well as on how to deal with the paparazzi and the media so as to project an image as the kind 19 of clean-cut super-star every mother would want their daughter to marry. Think Elvis. Spent 20 almost every dime to my name. I entered him into the “So You Want To Be A Super Star?” 21 competition, and, as I predicted, he won with this amazing original song – Pauper’s first hit – 22 “Orange Snow.” After that I negotiated a multi-million dollar recording contract with O Snap! 23 Records and changed RoJet’s name to “Pauper.” This references his modest beginnings. Well, 24 okay, he didn’t grow up poor, per se. His dad was a lawyer and his mom was a nurse, but, hey, 25 they were not in the “top 1%.” Later, I formed RoJet’s own record company, RoPa Records, so 26 we didn’t have to split the royalties with a bunch of “suits” who thought they knew what music 27 RoJet should perform. Idiots, all! 28 29 RoJet’s mom died a year or two after I took over his career. His dad had died a couple of years 30 earlier. He had no brothers, sisters, aunts, uncles or grandparents. If not for me, RoJet would 31 have had no one. I was his “family.” We became very close. He never made a decision about his 32 life or career without consulting me and I never made a decision about his life or career without 33 consulting him. In fact, after Rojet’s world-wide success with his 5 best-selling albums, sold-out 34 concerts, 4 Grammys for Best Pop Performer and Best Pop Album, his tooth paste, hair gel and 35 sunglasses endorsements, and his own line of gold tennis shoes that played his songs when you 36 walked, he built a mansion on the lake here in Texoma – “The Orange Grove” – and asked me to 37 live there with him. I was living alone at the time, so I agreed. So, at the time of his tragic and 38 untimely death, just the two of us were living in that 32-room house …. except for that parasite, 39 Wesst Arceen, who I call “the remora.” 40 41 Just a word about “the remora.” This suckerfish was a roadie, or something, with Pauper’s band. 42 Rojet had known Wesst since high school or something, and felt sorry for this creep. I think 43 Wesst was an orphan or something; had no family, no home, was living hand-to-mouth and was 44 generally pretty pathetic. I never bothered to get the whole, sad story. Unfortunately, RoJet took 45 pity on Wesst and allowed the remora to live off of him for years. Many times I pleaded with 46 RoJet to kick Wesst’s butt to the curb, but RoJet refused, saying providing for this “poor soul”
FACT STATEMENT OF HOUSTON WHIT Page 1 of 5 1 might help get RoJet into heaven, or something like that. Geeze!! I made it very clear to 2 everyone that I wanted Wesst to be gone, but to no avail. This “poor soul” was just a gold- 3 digger; an opportunist; a sponge; a leech, and Wesst knew I felt that way. 4 5 People claim that at the time of his death, RoJet’s career was over. Not true. It is true that over 6 the previous two years, he released an album that did not sell as well as previous albums. It is 7 also true that Pauper’s selections from the new album that was scheduled to be released a few 8 weeks after RoJet died was somehow leaked to a scandalous website and was panned by the 9 critics. They claimed that Pauper’s time had passed, that the public’s musical tastes had changed 10 and Pauper had not kept pace with his new offering. That may be, but RoJet was on the verge of 11 a fantastic, huge, unbelievable comeback; the comeback of all comebacks. Huge! We were 12 working on changing his style to sound and look like what is “in” today. You know, making him 13 a male Beyoncé, only better. I mean, does she play the guitar like Jimi, or any instrument for that 14 matter? How lame is that? Fuggedaboutit. Evidence, you ask? The new album – Pauper Revival 15 – went Platinum after he died. How’s that? 16 17 Sure, Rojet and I had some disagreements from time to time, but we almost never shouted at 18 each other, so strong was our bond. Rojet was upset about how the newest album was going to be 19 marketed, but I knew we were heading the right direction. Every argument we ever had ended up 20 with hugs and apologies. Every. Single. One. 21 22 I have no doubt that Pauper would have been on top again but for his depression and the drugs. 23 After his loss of popularity a few years or so, RoJet became severely depressed and started 24 taking pills to sleep and to beat his depression. He also had hip and knee pain from his incredibly 25 gymnastic dancing. He needed the meds to work on his music. But it eventually killed him. So 26 sad! I hired Dr. Hendrix to take care of his pain. I was told by a couple of other agents in the biz 27 that this California doc was an expert at treating artists with their “problems.” So, I hired the doc 28 to treat Rojet for pain. I paid him good, $15,000 a month to look after Rojet. I don’t think the doc 29 had any other patients as the doc came to see Rojet at the mansion almost every week. The doc 30 prescribed Rojet drugs for pain. They seemed to work at first, but Rojet kept demanding more 31 and more, claiming he was building up a tolerance to them. Doc almost always agreed to more. 32 33 Doctor Hendrix was very careful regarding the administration of the drugs. Either Doc Hedrix 34 would drop the prescriptions off, or Wesst would pick them up. Some people claim that I 35 supplied RoJet with drugs. This is a vicious lie! RoJet and I were completely dependent on 36 Doctor Hendrix’s recommendations as to what drugs to take and the quantities. In the week or 37 two before his overdose death, RoJet seemed to be in a bit of a downward spiral. He had trouble 38 getting out of bed, for example. He couldn’t get enough pills to pull out of his funk. 39 40 I was frantic. I could see he was getting worse, but the doc kept reassuring me that more and 41 different meds would bring him out of it. I tried to get the doc to have Rojet committed to 42 GrappaCasa Rehab, but doc said that was not necessary. The doc was wrong, terribly, terribly 43 wrong. I deeply regret hiring Doctor Hendrix. I only now know this doctor had been in trouble in 44 another state for over-prescribing controlled drugs and lost the right to practice medicine there. I 45 find it hard to believe that I may have indirectly caused RoJet’s death. But, I did not administer 46 any drugs to RoJet, ever. Besides, Doc Hendrix had told me the dangers of mixing the medicines
FACT STATEMENT OF HOUSTON WHIT Page 2 of 5 1 together and even showed me the pill to give if we suspected an overdose. I think that is why I 2 didn’t like to give Rojet any of the medicine. 3 4 Let me tell you about that punk, JoJo Nielsen. I think JoJo actually killed RoJet. Why? I’ll tell 5 you why. Years ago, JoJo sued RoJet for stealing what was RoJet first hit recording, “Orange 6 Snow.” That suit was frivolous and the court threw it out. Yet, JoJo never forgave RoJet and to 7 this day claims that RoJet reached the stardom that JoJo would have had if JoJo had recorded 8 that tune first. Baloney!! In fact, before I ever actually met with Rojet, it was JoJo who tried to 9 enlist my services over Rojet’s! Excuse me, but I know talent and non-talent. Anyway, after the 10 suit was dismissed, JoJo came to me again and asked me to manage JoJo’s “career.” I turned 11 JoJo down flat, and said to JoJo that I regarded JoJo to be a no-talent bum with delusions of 12 grandeur. I know JoJo has never forgiven me for that. JoJo hates me because I went with RoJet 13 and not JoJo. 14 15 Against my advice, RoJet agreed to JoJo to help with a side project, as a favor to JoJo. Stupid, 16 big-hearted RoJet’s thought by helping JoJo it would help heal the hurt JoJo still nursed over 17 RoJet’s alleged theft of the song and career. Rojet helped JoJo, but believe me! JoJo harbored a 18 deep hatred for RoJet. I know JoJo and JoJo never met a grudge that couldn’t be kept and 19 nurtured forever. 20 21 That’s why I think JoJo gave RoJet the overdose of drugs that killed him. JoJo was at the 22 mansion and visited RoJet in his bedroom the day before RoJet was found dead. I’m convinced 23 that RoJet was getting some illegal “street” drugs from JoJo. Call it JoJo’s revenge. JoJo always 24 seemed to have a “supplier” of any kind of drugs anyone in the band wanted. Doc mixed RoJet’s 25 drugs right there in RoJet’s room with this, whaddya call ‘em, a mordor and pistol? JoJo could 26 easily have slipped some street drugs into the batch of meds the doc was mixing that day. JoJo 27 was bad news from the get-go. For weeks before RoJet’s death, I was urging RoJet to get rid of 28 JoJo. I think JoJo finally got the revenge JoJo wanted all along. 29 30 Sure, only my and RoJet’s fingerprints were on the glass next to RoJet’s bed when he died. I had 31 been at the house a day or two before Rojet died. He was thirsty, so I filled the glass and put it on 32 the bedside table. That proves nothing; only that I was there at some point and gave him a glass 33 of water. I admit that. 34 35 Why would I want to kill RoJet? I loved him like he was my son! And, not to be crass about it, 36 why would I want to kill the “golden goose” that laid so many golden eggs? RoJet’s career was 37 my life, my reason for living, my livelihood. Did I know that RoJet had willed his entire estate 38 to me (except for a couple of thou to the remora)? Yes. He told me he thought of me as his 39 parent, loved me, and wanted me to have it all. Of course, we assumed I’d die before he would. 40 Life is strange! 41 42 Did I know that RoJet was planning to rewrite his Will to cut me out of it completely? No. 43 Never. If JoJo says I was told that, THAT would be a self-serving lie -- an attempt to shift the 44 blame to me! RoJet would never confide in JoJo. They were never that close. I never saw any 45 draft of the new Will they say was on RoJet’s desk. Anyway, I can’t believe it is true. Even if 46 Rojet did draw up a new Will, which I am sure he didn’t, there was nothing so toxic in our
FACT STATEMENT OF HOUSTON WHIT Page 3 of 5 1 relationship that we couldn’t work through it. Like we’d done many times before. Rojet would 2 never do that to me without a chance to fix it. Sure, his career was at a low ebb. Sure, his new 3 album looked like a flop. Sure, he had no major concerts scheduled. Sure, a couple of sponsors 4 dropped him. Sure, he was depressed and addicted. But I know he did not blame me for all of 5 that. He had no reason to cut me out of his Will or his life. He never expressed any 6 dissatisfaction with my management of his career, and I would know if he was unhappy. I knew 7 Rojet better than anyone. Anyone. 8 9 I had decided several months before Rojet died that it would be necessary to get my own place. 10 There were several reasons for this. First, and foremost, I didn’t like watching Rojet dissolve 11 before my very eyes, and he simply wasn’t taking my advice. Second, the remora. Third, JoJo 12 and the never ending stream of slightly above average talent that was paraded before me. So, I 13 got a 1 bedroom apartment in town. Stayed there a few nights a week. The Orange Grove is 14 spectacular, but I was really needing my own space. My car has the little tag thing that opens the 15 front gate, and I know the alarm code – why shouldn’t I, I lived there and Rojet was my 16 responsibility. Though, you never need the alarm code, or a key for that matter. The remora 17 leaves the front door unlocked and sets the alarm maybe 3 times a week. Says that the front gate 18 and the wall are enough security. Bah. 19 20 The day Rojet died, I got a call from the remora. I didn’t believe it when I learned that Rojet was 21 dead, had to be a joke. I think I said something like, “yeah, right.” I was running errands, and got 22 to the house about 30 minutes after I got the call. There were police there with the coroner. I was 23 stunned. The brightest musical light I had ever known was extinguished. I couldn’t speak. I think 24 I left after they took the body. And then I get a call from the police a few weeks later wanting to 25 talk about the death. I agreed and went to the station. After a thoroughly cursory interview, I was 26 arrested and charged with murder. 27 28 They say RoJet died of an overdose of opiates. If that is how he died, it was either an accidental 29 overdose or JoJo killed him intentionally. In any event, I didn’t give him any drugs that day or 30 ever. I loved the boy. I’m innocent. They’ve charged the wrong person. 31 32 I can recognize and can identify exhibits 6, 7, 8, 9, 10, and 11. 33
34 Houston Whit 35 HOUSTON WHIT
FACT STATEMENT OF HOUSTON WHIT Page 4 of 5 1 ADDENDUM TO FACT STATEMENT OF HOUSTON WHIT 2 3 So, JoJo has to dredge up a story about another in the line of Nielsen performers? Solidly slightly 4 above average, all of them. Including JoJo. I think I met JoJo’s daughter once. Garnett or 5 something like that. Anyway, since Pauper tolerated JoJo, I decided to make nice and listen to 6 her performance. I probably said something like, “you have a good foundation, let’s discuss it 7 sometime…” before leaving them. I tell aspiring, but woefully inadequate hopefuls that all the 8 time. Then, when I never call them or take their calls, they get the hint, right? Well, apparently 9 JoJo’s daughter (and JoJo) thought I was going to call them and open doors. The only doors 10 opening for JoJo and what’shername are alley doors to the kitchen, capiche? 11 12 I drive a custom Hoffseal Cruiser, Limited Edition. The one with the heated seats and the mini 13 fridge in the trunk. Some say it is too extravagant, but I like it. Is it orange? Yes. Do I like 14 driving it? Sure. But I’m not the only one who has an orange Hoffseal. Jojo and Doc have them, 15 too. Rojet gave them to us a while back. In fact, Rojet had to special order them, and as far as I 16 know, they are not just the only such cars in the State, they are unique nationwide! 17 18 I did not leak the album. I would never do that. In all the years I represented Rojet, I never once 19 gave anyone an advance copy of even a line of verse or music. I jealously guarded Rojet’s 20 intellectual property, just like he did. To assert that I had anything other than disdain for the 21 leaking of the new album is to insult Rojet’s genius and mine. 22 23 I categorically deny that I was at the Orange Grove at any time on February 2, 2016. I was at my 24 apartment alone, all day. In fact, I don’t think I left the apartment at all that day. There was a 25 great documentary series on and I was absorbed. I may have initially told the cop that I was at a 26 meeting, but I was simply mistaken. That meeting was a day or two before February 2. I believe 27 I did swing by on January 31 or February 1st, but, like I said earlier, I just gave him some water. I 28 don’t recall the date exactly. 29
30 Houston Whit 31 HOUSTON WHIT 32 33 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on 34 this the day of trial. 35 Penny Lane 36 Notary Public in and for the State of Texoma 37 My commission expires: 38 April 15, 2022 39
FACT STATEMENT OF HOUSTON WHIT Page 5 of 5 1 FACT STATEMENT OF DOCTOR LAYNE HENDRIX 2 3 My name is Dr. Layne Hendrix. I am a trained internist, but my practice since coming to Texoma 4 has developed to focus on pain management for my patients. I began practicing in Texoma and 5 saw Pauper for the first time just a few months after that. Prior to moving here, I was educated in 6 Grenada originally practicing in Miami, Florida. My move to Texoma evolved from a dispute with 7 Florida’s licensing board regarding my prescription and billing practices. Though never convicted 8 of anything, I agreed to surrender my Florida license. I was also investigated by Texoma’s 9 licensing board regarding similar scurrilous charges, but they wisely abandoned their inquiry. 10 11 As I said, I began seeing Pauper about fourteen months before he died. I met Pauper through 12 Houston Whit, Pauper’s business manager. I was immediately concerned regarding the level of 13 discomfort and pain increasingly plaguing Pauper’s life and really destroying his qualify of life. I 14 agreed to become Pauper’s pain management specialist. I started at least monthly house calls to 15 monitor Pauper’s condition and adjust his medication as needed. I continued to make these visits 16 until his death. For this service, along with being on call for additional visits as requested, I charged 17 Pauper a monthly fee of $15,000.00. Houston was always timely in paying my monthly invoices. 18 19 I have a similar professional relationship with several other celebrities in Texoma many of whom 20 I met through Houston. Since I have a small client base and all of them value discretion requiring 21 patient visits to be at their homes, I do not maintain an independent office or hospital privileges. I 22 maintain my patients’ medical records in my car, which is my mobile office. 23 24 In the beginning of my relationship with Pauper, he was extremely upbeat. He was determined to 25 recover his health while simultaneously resurrecting his music career. He seemed to feel they were 26 cosmically linked somehow. 27 28 However, I began to notice Pauper struggling to stay upbeat. His condition was frustrating his 29 music rather than augmenting it. Pauper did continue to seek me out for pain management, though 30 and was increasingly desperate to return to his upbeat self. As far as I know, he was seeing no 31 other doctors. 32 33 Pauper believed that he was unable to swallow medicine, so I solved that problem with a mortar 34 and pestle. I prescribed, mixed and administered to Rojet orally in water daily four medications: 35 a low dose amphetamine in an effort to combat his narcolepsy, an opioid for pain, a benzodiazepine 36 (commonly called “benzos”) for depression and anxiety, and a barbiturate designed especially for 37 sleep. It is actually a watered-down version of an elephant tranquilizer. Yes, all of these are 38 “controlled” drugs. You cannot buy them over the counter. The actual brands and the dosages 39 changed from time to time depending on how Rojet was responding. At the time of his death, I 40 was prescribing “generic” brands of these meds. Over the course of my treatment of him, I did 41 increase the dosages as he began to build a tolerance to the prescribed amounts. 42 43 Certainly, a “cocktail” of these three drugs is somewhat dangerous. They depress the central 44 nervous system and are potentially addictive. Rojet wasn’t addicted to them. I monitored his 45 condition frequently, almost weekly. And, I ran a toxological test of his blood every month or so 46 to ensure that the amount of opioids and benzos in his system were within safe limits. The last
FACT STATEMENT OF DR. LAYNE HENDRIX Page 1 of 3 1 toxicological blood test I did on him on December 28, 2015. The test came back entirely normal. 2 All of his medications were at safe, therapeutic levels and were only the medications I was 3 prescribing. It was clear that the medications I was prescribing, in the doses I had directed, should 4 be working and were safe. Exhibit # 1 is the last tox screen I did before his death. The post-mortem 5 tox screen (Exhibit # 2) shows over twice the normal level of these kinds of drugs in Rojet’s blood 6 stream at the time of his death. That much of those drugs is enough to kill someone of Rojet’s age, 7 size, weight, and physical condition. I had planned to wean him off of some of the stronger 8 medications starting in March. Just bad timing. 9 10 I gave strict instructions to Houston Whit and Arceen Wesst, Rojet’s personal assistant, how to 11 mix and administered the meds when I wasn’t there (which was whenever Rojet woke up that day, 12 usually around 2 p.m. – he worked on his music at night), and that they must mix only the number 13 and type of pills according to my instructions, which I wrote down and left next to the mortar and 14 pestle. I warned them explicitly that giving Rojet more than what I prescribed could seriously 15 harm Rojet and possibly be fatal. I ordered them to ignore Rojet’s demands that they increase the 16 prescribed dosage, as, I’m told, Rojet often did. 17 18 Moreover, I made sure that a bottle of naloxone pills, a drug overdose antidote, was with the other 19 medications. I instructed Whit and Wesst what it was for and how and when to administer it. It is 20 clear to me that by the time Wesst found Rojet on the floor, it was too late to administer the 21 naloxone. Rojet was beyond help. He was gone. 22 23 On the day before he died, I had visited Pauper in the early afternoon. Pauper rarely arose before 24 noon, so any trip in the morning would be a waste of my time, except for the chance to observe a 25 sleeping musician. Wesst was there and said that Pauper was tired. I went into the room and sat 26 with Pauper for about half an hour. Wesst didn’t stay very long. It was nearing time to give Pauper 27 his afternoon doses of medicine, but I didn’t want to give too much, and I trusted Wesst and 28 Houston to provide Pauper with medication as I had prescribed. Those pills that were given in the 29 afternoon, or rather the bottles containing those pills, were on top of the dresser, near the mortar 30 and pestle. I presume that Wesst put them there as a reminder of what to give. There was nothing 31 for me to do at that point, so, I left. I had a 2:30 p.m. tee time. 32 33 Wesst called me the next day, on February 3, to tell me that Pauper had died. I was shocked! 34 Shocked! I went to Rojet’s and saw him, deceased, on the floor. I was interviewed by that young 35 police officer. I told the officer that it was clear to me that this was an accidental overdose caused 36 by either Rojet himself or because Wesst or Whit administered the wrong dosage of medications. 37 So sad! 38 39 I can also identify exhibits 4, 6, 7, 8 and 9. 40 41 Further, affiant sayeth naught.
42 Layne Hendrix 43 LAYNE HENDRIX 44
FACT STATEMENT OF DR. LAYNE HENDRIX Page 2 of 3 1 ADDENDUM TO STATEMENT OF DOCTOR LAYNE HENDRIX 2 3 I have given careful consideration to the fact that Pauper was not getting better as rapidly as I had 4 wanted with the medications I was prescribing. I believe that there was another condition, perhaps 5 an undiagnosed mental or emotional condition or stressor that was impeding his recovery. But who 6 knows? 7 8 I do, in fact, own and drive an orange Hoffseal that Rojet so generously gave to me. I also use it 9 as my office. It has Wifi, plenty of room for filing, and a fridge. Besides, have you priced rental 10 space in this town? If I can conduct my medical business by making house calls, why wouldn’t I? 11 12 Further, affiant sayeth naught. 13
14 Layne Hendrix 15 LAYNE HENDRIX 16 17 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on this 18 the day of trial, 2016. 19 20 21 Penny Lane 22 Notary Public in and for the State of Texoma 23 24 25 My commission expires: 26 April 15, 2022
FACT STATEMENT OF DR. LAYNE HENDRIX Page 3 of 3 1 FACT STATEMENT OF CRASH DERBY 2 3 My name is Crash Derby. I am a contributing editor for Mossy Rock Magazine, the premier music 4 and lifestyle magazine in the world – due in no small part to articles I have written over the last 5 5 years. Few experience the musical world as I do, and none are better able to engage with the 6 collective consciousness of musicians than I. Mossy Rock is the premier music and lifestyle 7 magazine and a far better transition and fit than when I toiled at Roll ‘n’ Rock Magazine for lo 8 those 23 years. 9 10 I recall many interactions I personally had where I was privileged to see Houston and Pauper 11 together. If ever there was a mutual trust and affection between adults, it was nowhere better 12 exemplified than this particular relationship. Early on, there was unquestioned trust and genuine 13 respect, even though they came from different backgrounds and times. As their familiarity with 14 each other grew, their alliance strengthened. They relied heavily on one another and frequently 15 they reached the same conclusion to an issue before they even talked about it. 16 17 I have known Houston Whit for more than two decades. In that time, while we have not become 18 personal friends, I can say that I admire no one more than I admire Houston and the deft “Whit 19 Touch” with artists. Houston created Pauper, strengthened him and turned him into a, no THE 20 superstar. While I never saw Houston with another artist, it was clear that anyone working with 21 Houston Whit would thrive. Perhaps it was Houston’s undying loyalty that I found so refreshing, 22 or perhaps it was that laser-like focus. Whatever it was, Houston Whit had it. 23 24 So, Rojet. Rojet created music as freely and easily as eagles take flight. It was for this reason I 25 selected Rojet as the subject for my next article in Mossy Rock. In fact, I gathered enough material 26 to write an entire book on the legend that was Pauper. Together, he and I met many times to explore 27 the meaning of music, fame, and the American Dream. For a brief and beautiful moment, we nearly 28 gained true enlightenment. Now, all is lost and the world is a darker place. Well, perhaps the world 29 is not as well lit as it was before. 30 31 It was a chilly winter’s day when I last saw Rojet – approximately ten days before his musical 32 genius ceased to exist and his body went back to the mud. On that day, he and I were to meditate 33 on the nature of grains of sand in the desert, but Rojet was very much unlike himself. His energy 34 was like the waves at low tide -- water receding back into the ocean. The power, the vigor, the 35 passion that typically fueled the furnace were dampened. With glazed eyes and a drifting mind, he 36 was unable to keep his thoughts steady for even a moment. A frightfully heavy trip. We simply 37 could make no significant progress on my article – he only wanted to talk about the leaking of his 38 latest album and his unyielding affection for Houston Whit, without whom, he claimed, there 39 would be no Pauper. Of course, we had discussed Houston before, but never like this. 40 Compliments for Houston, both great and small, were the only words on his tongue that day. 41 42 Also involved in that discussion, and not just a little, was affection and genuine respect for Wesst 43 Arceen. Wesst had always been there. Wherever “there” happened to be at the time. Wesst, Pauper 44 said, had sacrificed all to be for Pauper a crucial link to sanity, success, and inspiration. It was 45 Wesst, and Wesst alone, who was able to get Pauper to abandon his malaise and achieve the 46 musical mastery that was the legacy of Pauper. Pauper was alert and attentive whenever Wesst
FACT STATEMENT OF CRASH DERBY Page 1 of 4 1 was in the room. They even let me listen to some of the music that was to be on the new album, 2 from the safety of the control room of the Pauper studio. 3 4 Regarding that leaked album, Pauper believed that someone close to him had betrayed him. His 5 health seemed dependent on the album. This new album, Pauper: Revival, was beyond mortal 6 music making. As a lifelong student of the high art of music, I can say, without hesitation, that it 7 was the pinnacle of human achievement. According to Pauper, he had only shared the final digital 8 version of the album with JoJo Nielsen and Houston. Though he was…subdued…that day, there 9 was clearly a simmering anger behind his dulled eyes. Pauper was a perfectionist in every manner. 10 He wanted to control the release of the album, and I could tell that he wanted blood from the person 11 who leaked it. 12 13 Who was Pauper? How shall he be remembered? I will remember him for his music, of course. 14 But I will also remember him for his riotous convictions. With a fiery sword, he raged against the 15 tyrannical pigs who stole and republished his copyrighted music. With a sneer fit for a vengeful 16 ancient god, he would let loose the wrath of Texoma’s most ferocious lawyers and cast down “the 17 talentless scum” profiteering on torrent sites. He was a warrior for art and the greatest defender of 18 the artist in this digital age. He guarded what he created almost jealously. 19 20 But, while his anger was awesome to behold, his mercy fell like the spring rain on the thirsty 21 plains. I recall the history of his friendship with JoJo Nielsen. A tortured relationship once fraught 22 with envy and pride (on JoJo’s part) was redeemed, through Pauper’s forgiveness, into a symbiotic 23 partnership. No petty and false allegations of plagiarism could stand in the way of Pauper’s loyalty 24 to his childhood friend. Once JoJo probably tearfully apologized for those baseless accusations 25 and dishonesty, Pauper eagerly accepted JoJo back into his flock without a second thought. In fact, 26 it was Pauper’s largesse that produced JoJo’s finest moment, a moment without which, JoJo would 27 simply be a short name that repeated itself once. Sadly, JoJo’s efforts with Pauper’s gift were less 28 than memorable. And for a finest moment, it really, truly, wasn’t. 29 30 It was obvious to anyone that Pauper was displeased that some of his album had been leaked to 31 extraneous sources. Why anyone would turn to musicshmoozic.com to leak serious music is 32 beyond me. Never in the history of history has that dreadful website reviewed anything in a 33 positive manner. Never, not even when I worked there 5 years ago. The review, as tongue and 34 cheek as it was, and as poorly written as a 5 year-old’s essay on his favorite sugary snack, created 35 angst and distress for Pauper. It was dismaying to see him stress and soul-search over the article, 36 written by someone who will never know the highs that Pauper has known. 37 38 As we spoke, just we two on that cold January day (and into the evening), Pauper told me of big 39 plans to “change music” again. While vague, I was sure that the small sample of music I had 40 witnessed was merely the tip of an iceberg larger than any unleashed on the music scene since the 41 first and second British invasions! Pauper also told me of his ongoing battles with pain, debilitating 42 pain that limited his ability to dance like he used to. He told me that he was going to take his new 43 album tour to at least 40 cities worldwide. He wanted to share his gift in more places than that, but 44 felt that he could manage 40. He even showed me some lyrics he was working on when we were 45 alone. They are Exhibit 5 and will haunt to my grave. 46
FACT STATEMENT OF CRASH DERBY Page 2 of 4 1 It was about 9:00 p.m., and we had spent most of the day together, breaking bread twice and 2 enjoying a glass of Pinot Noir. Pauper was clearly fatigued and Houston came in to check on us 3 both, and make sure that my visit was nearing an end. Houston was followed by Wesst, who began 4 using a mortar and pestle to grind up what looked like pills. Houston shouted, “You’re not doing 5 that right!” but offered no more. Wesst redoubled efforts with the pills as I was packing my bag, 6 and I watched as Wesst scraped the pill powder into a glass and Houston filled the glass with water. 7 I bid my adieus as Pauper drank fully the glass. As I got to the door, I turned to see the three of 8 them watching me. “Stay chilly, Crash…” were the last words spoken to me by Pauper, the 9 musician who changed my life. Wesst ushered me to the door and asked me to check back after 10 the article came out. Houston was, as always, the watchful eagle, ensuring the safety of the most 11 prized possession. 12 13 As was his way, Pauper frequently spoke in mysterious parables, sometimes hard to decipher. He 14 told me of big changes in his personal life, too. I recall that he said that there are times when green 15 grass grows so well on its own, that one must turn one’s attention to the grass that may not grow 16 as well, to help it, to nurture it. 17 18 As I look west in the twilight of the evening, I am reminded of a strong man who dared to chase 19 the sun, even as it set. A man with ideas. A man with talent. A man with strength. This man was 20 Rojet. 21 22 They accuse Houston Whit of extinguishing the light that was Pauper. Not possible. Simply not 23 possible. 24 25 I recognize and can identify Exhibits 7, 8, 9, and 11. 26 27 Further, affiant sayeth naught. 28
29 Crash Derby 30 CRASH DERBY 31 32
FACT STATEMENT OF CRASH DERBY Page 3 of 4 1 ADDENDUM TO STATEMENT OF CRASH DERBY 2 3 It must be said that Houston has been there for Pauper. Some say that Houston only represented 4 Pauper and none else. The truth may better be stated that Houston sacrificed for Pauper. Houston 5 subordinated personal needs for those of Pauper. It was a symbiotic relationship second to none. 6 7 I personally observed Houston and Pauper interact on many occasions over the recent past. I can 8 only describe it as a cathartic partnership where energy and power were gained by the fusion of 9 their formidable personalities. The fact that Houston gave me such exclusive access to Pauper is 10 irrelevant. From a distance, a blind person could see the teamwork. 11 12 Further, affiant sayeth naught. 13
14 Crash Derby 15 CRASH DERBY 16 17 SIGNED AND SWORN TO BEFORE ME the undersigned authority at 8:00 a.m. on this 18 the day of trial. 19 Penny Lane 20 Notary Public in and for the State of Texoma 21 My commission expires: 22 April 15, 2022 23
FACT STATEMENT OF CRASH DERBY Page 4 of 4
Venipuncture of Texoma 3900 Les Beats Street Suite 1500 Phone: 555-220-7400 Fax:555-220-7484
December 29, 2015 Page 1 Lab Report
Patient: ROJET NOSLEN Gender: Male DOB: June 7, 1958 Insurance: Self Pay
Lab Report: TOXICOLOGY DRUG SCREENING Provider: Layne Hendrix, MD MD Location of Care: Private Residence
Note: All results statuses are Final unless otherwise noted. SPECIMEN COLLECTION DATE: 28 December 2015 DATE SPECIMEN RECEIVED: 28 December 2015 DATE SPECIMEN TESTED: 28 December 2015
Analyses Ordered: 91006 - DRUG SCREEN: 8 PANEL
SCREEN THERAPEUTIC DRUG RESULT Quantity CUTOFF LEVEL Marijuana Metabolite POSITIVE Trace 50 ng/ml < 15 ng/ml Amphetamines POSITIVE 244 ng/ml 1000 ng/ml < 500 ng/ml Cocaine Metabolites NEGATIVE 300 ng/ml < 150 ng/ml Opiates POSITIVE 1659 ng/ml 2000 ng/ml < 2000 ng/ml Phencyclidine NEGATIVE 25 ng/ml < 25 ng/ml Barbiturates POSITIVE 129 ng/ml 300 ng/ml < 200 ng/ml Benzodiazepines POSITIVE 131 ng/ml 300 ng/ml < 200 ng/ml Methadone NEGATIVE 300 ng/ml < 200 ng/ml
Exhibit 1
Venipuncture of Texoma 3900 Les Beats Street Suite 1500 Phone: 555-220-7400 Fax:555-220-7484
February 8, 2016 Page 1 Lab Report
Patient: ROJET NOSLEN Gender: Male DOB: June 7, 1958 Insurance: N/A
Lab Report: POST MORTEM TOXICOLOGY DRUG SCREENING Provider: Texoma Coroner MD Location of Care: N/A
Note: All results statuses are Final unless otherwise noted. SPECIMEN COLLECTION DATE: 04 February 2016 DATE SPECIMEN RECEIVED: 05 February 2016 DATE SPECIMEN TESTED: 08 February 2016
Analyses Ordered: 91006 - DRUG SCREEN: 8 PANEL
SCREEN THERAPEUTIC DRUG RESULT Quantity CUTOFF LEVEL Marijuana Metabolite NEGATIVE 50 ng/ml < 15 ng/ml Amphetamines POSITIVE 309 ng/ml 1000 ng/ml < 500 ng/ml Cocaine Metabolites NEGATIVE 300 ng/ml < 150 ng/ml Opiates POSITIVE > 2000 ng/ml 2000 ng/ml < 2000 ng/ml Phencyclidine NEGATIVE 25 ng/ml < 25 ng/ml Barbiturates POSITIVE > 300 ng/ml 300 ng/ml < 200 ng/ml Benzodiazepines POSITIVE 103 ng/ml 300 ng/ml < 200 ng/ml Methadone NEGATIVE 300 ng/ml < 200 ng/ml
Exhibit 2
of
I, ROJET "PAUPER" NOSLEN, of the State of Texoma, being in good health, of sound and disposing mind and memory, do make and declare this instrument to be my Last Will and Testament, hereby expressly revoking all former Wills and Codicils made by me at any time heretofore, and intending hereby to dispose of all the property of whatever kind and wherever situated which I own, or in which I have any kind of interest at the time of my death.
I. IDENTITY OF THE FAMILY
At the time of the execution of this Will, I am not married and I have no children. If subsequent to the execution of this Will I marry or there shall be a child or children of mine born, or a child adopted by me on or before the child is eighteen (18) years of age, and if my spouse or such child or children, or issue thereof, shall survive me, then in such event, my spouse and such child or children, or issue thereof, shall share in the benefits of my estate according to the rules of intestacy for the State of Texoma.
II. PAYMENT OF EXPENSES
I direct that all the expenses of my last illness, my funeral expenses, and my just personal debts, including any inheritance taxes, transfer taxes, and estate taxes which may be levied by the United States Government or by any state by reason of my death, shall be paid by my Independent Executor out of the residue of my estate as soon as conveniently may be done; provided that my Independent Executor, in such Executor's sole discretion, may distribute from time to time any real or personal property in my estate which at my death is subject to a lien securing an indebtedness upon it without discharging said indebtedness, if in my Independent Executor's judgment, the condition of my estate so requires. The distributee shall then be considered as having received my estate's equity in the property.
III. DISPOSITION OF ESTATE
A. If my good friend, WESST ARCEEN, survives me, I give, devise and bequeath all of my estate of whatsoever kind and wheresoever situated to my good friend, WESST ARCEEN. If my good friend, WESST ARCEEN, does not survive me, I give, devise and bequeath all of my estate to the following charitable organizations in equal shares: the Critter
R.N. Page 1 of 4 Exhibit 3-1
Connection, the Naked Clowns, Tall Clubs International Foundation, The Institute of Noetic Sciences, American National Cattle Women Foundation, Long Hopes Donkey Shelter, the Order of the Azure Rose, or if none of my devisees is then living or active, then said share shall be distributed proportionally to the remaining charitable organizations.
B. Any other property of mine that has not been disposed of under any other provision of this Will shall go and be distributed to my heirs-at-law. Their identity and respective shares shall be determined in all respects as if my death had occurred immediately following the happening of the event requiring such distribution, and according to the laws of Texoma then in force governing the distribution of the estate of an intestate.
IV. DEFINITION OF SURVIVAL
Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until sixty (60) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be deemed to have predeceased me, and shall be treated for all purposes herein as though such person had predeceased me. Any person who is prohibited by law from inheriting property from my estate shall be treated as having failed to survive me.
V. APPOINTMENT OF EXECUTOR
A. I hereby nominate, constitute and appoint my good friend, WESST ARCEEN, as Independent Executor of my estate. In the event that my good friend, WESST ARCEEN shall predecease me or fail or refuse to qualify, or die, resign, or become unable to serve during the administration of my estate, I hereby nominate, constitute and appoint JOJO NIELSEN, as Independent Executor, and all the powers, duties and responsibilities granted and imposed upon WESST ARCEEN shall devolve upon and be exercised by JOJO NIELSEN.
B. If any individual Independent Executor becomes unable to discharge his or her duties under this Will because of accident, physical or mental illness or deterioration, or other cause and does not resign, then upon certification in a form sufficient for the recording of a deed in the State of Texoma by two medical doctors (neither of whom is a beneficiary under this Will) affirming that each has examined the Independent Executor and that each has concluded, based on such examination, that the Independent Executor is unable to discharge his or her duties under this Will, the Independent Executor shall cease to serve, as if he or she had resigned, effective the date of the certification.
C. It is my will and desire and I hereby direct that in the administration of my estate, my Independent Executor or any successor shall not be required to furnish any bond of any kind and that no action shall be had in any court in the administration of my estate other than the probating of this, my Last Will and Testament, and the filing of any required Inventory,
R.N. Page 2 of 4 Exhibit 3-2
Appraisement and List of Claims of my estate that may be required.
VI. POWERS OF EXECUTOR
The estate created or arising by virtue of my death and this instrument, my Last Will and Testament, shall be governed by and administered in accordance with the following provisions:
A. I hereby grant unto my Independent Executor or any successor named above, full power and authority over any and all of my estate and they are hereby authorized to sell, manage, and dispose of the same or any part thereof, and in connection with any such sale or transaction, make, execute and deliver proper deeds, assignments and other written instruments and to do any and all things proper or necessary in the orderly handling and management of my estate.
B. My Independent Executor or any successor named above, shall have full power and authority to compromise, settle and adjust any and all debts, claims and taxes which may be due from or owing by my estate.
C. My Independent Executor or any successor named above, shall have full power and authority to deal with any person, firm, or corporation.
D. My Independent Executor or any successor named above, shall have full power to borrow money at any time and in any amount from time to time for the benefit of my estate, from any person, firm, or corporation or from any bank or trust company and to secure the loan or loans by pledge, deed of trust, mortgage or other encumbrances on the assets of the estate and from time to time to renew such loans and give additional security.
E. The Independent Executor shall serve without compensation.
VII. SPENDTHRIFT PROVISION
No interest of any beneficiary in the corpus or income of my estate shall be subject to assignment, alienation, pledge, attachment, or claims of creditors of such beneficiary and may not otherwise be alienated or encumbered by such beneficiary, except as may be otherwise expressly provided herein.
VIII. IN TERROREM CLAUSE
If any beneficiary under this Will shall in any manner contest or attack this Will or any of its provisions, any share or interest in my estate given to such beneficiary under this Will is hereby revoked and shall be disposed of as part of the residue of my estate, unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the
R.N. Exhibit 3-3 Page 3 of 4
action contrary to the forfeiture clause establishes by a preponderance of the evidence that just cause exists for bringing the action and the action was brought and maintained in good faith.
IX. DEFINITIONS AND INTERPRETATIONS
For purposes of interpretation of this, my Last Will and Testament, and the administration of the estate established herein, the following provisions shall apply:
A. The words "child, children, descendants, issue," and similar terms shall be deemed only to include children born to, or adopted (on or before eighteen years of age) by me or my descendants.
B. When a distribution is directed to be made to any person's descendants "per stirpes," the division into stirpes shall begin at the generation nearest to such person that has a living member.
C. The use of the masculine, feminine or neuter genders shall be interpreted to include the other genders, and the use of either the singular or the plural number shall be interpreted to include the other number, unless such an interpretation in a particular case is inconsistent with the general tenor of this instrument. Any references herein relating to my Independent Executor shall include her successors regardless of the gender of the successors.
D. This Will shall be probated in accordance with the laws of Texoma, and should any provisions of the same be held unenforceable or invalid for any reason, the unenforceability or invalidity of said provision shall not affect the enforceability or validity of any other part of this Will.
I, ROJET "PAUPER" NOSLEN, as Testator, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Will, that I willingly make and execute it in the presence of the undersigned witnesses, all of whom are present at the same time, as my free act and deed, and that I request each of the undersigned witnesses to sign this Will in my presence and in the presence of each other. I now sign this Will in the presence of the attesting witnesses and the undersigned authority on this day of .
ROJET "PAUPER" NOSLEN, Testator
R.N. Exhibit 3-4 Page 4 of 4
Texoma Medical Examiner's Office 14341 Rhinestone Street NW. Texoma 99873 Phone: 555-668-3323 · Fax: 555-288-6327
J. Quinn Strobel M.D., Chief Medical Examiner Anne Runchey M.O. · Michel Madsen M.D.
Press Release
As of June 2, 2016, the Midwest Medical Examiner's Office has completed its death investigation of Pauper. The Texoma Medical Examiner's Office hereby releases all public data relating to this death investigation as specifically defined in Texoma Statute, Section 13.83, subd. 2. This public data includes the manner and cause of death. Under Texoma law, all other medical examiner data is considered private or nonpublic data. The Medical Examiner's Office is unable to make any further comments about its death investigation of Rojet Noslen (Pauper).
The Texoma County Sheriff's Office continues its investigation.
Texoma Medical Examiner's Office 14341 Rhinestone Street NW. Texoma 99873
Release of Public Data to Statute 1383 Subd. 2
Deceased: Rojet Noslen Age: 51
Address: 750 Texoma Heights State: Texoma Zip Code: 05317 Name of Spouse: N/A
Marital Status: Never Married Divorced Widowed Married Separated
Occupation: Artist Business: Music Citizenship: USA Race: Mixed Height: 5'3 Weight: 112lbs
Served in the Armed Forces: No Hair Color: Black Eye Color: Dark Brown Complexion: Light Build: Slight
Identifying Marks, Scars, and Amputations: "Yin yang" tattoo on right calf and an "Ankh" tattoo on left of neck
Description of Decedent's Clothing: Pajamas. Orange.
Date of Death: 2/3/2016 Place of Death: Decedent's Home Hospital: N/A
How the Injury Occurred: The decedent self-administered Fentanyl
Decedent's Place of Birth: St. Paul, Texoma
Father's Name: John L. Nelson Birth Name: Birth Place:
Mother's Name: Birth Name: Birth Place:
Date of Burial: Funeral Home:
Funeral Director:
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11