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Ortg1na'l Dislrlet Clerk, Bastrop ~ ; ! 2 ---_.. 1 1 REPORTER'S RECORD 2 VOLUME 2 OF 6 VOLUMES 3 TRIAL COURT CAUSE NO. 8701-A 4 5 ) . i EX PARTE ) IN THE DISTRICT COURT 6 ) f·'1 ) 7 ) ) 8 RODNEY REED, ) BASTROP COUNTY, TEXAS ) 9 ) . , ) !- 1 10 ) , .! ) 11 APPLICANT ) ) 21 ST JUDICIAL DISTRICT 1·2 , RECEIVED IN .· .: ':~~'~'·'1".':/·<''il'·t! Ii COURT OF CRIMINAL APPEALS'" . I, 13 ..'":.-':\.- ! 1 14 JUL 052006' [I : •.• J 15 -------------'- ------- Louise-R~onJ Clerk 16 . EVIDENTIARY HEARING 17 18 " 1 19 / i CJ 20 On the 23rd and 24th days of March, 200~, the following i .i l· ! !' 21' proceedings came on to be heard in the above-entitled and 22 numbered cause before the Honorable Reva L. Towslee Corbett, 23 Judge presiding, held in Bastrop, Bastrop County, Te~as; I i 24 l I 25 Proceedings reported by machine shorthand. ORtG1NA'L Dislrlet Clerk, BastroP ~ ; ! 2 1 A P PEA RAN CES 2 FOR THE APPLICANT: 3 SBOT NO. 24032750 Morris Moon 4 Texas Defender Service· 412 Main Street, Suite 1150 .1 5 Houston, Texas 77002 ; I , J Telephone: (713) 222-7788 6 7 .SBOT NO. 00000046 Morris Overstreet 8 i---··1 Texas Southern University j _...1 Box 12817 9 Austin, Texas 78711-0000 · I Telephone: (713) 313-7126 :· !I 10 Sandra S. Smalley 11 Lindquist &Vennum, P~L.L.P. i-I 4200 IDS Center 12 80 South Eighth Street Minneapolis, Mn ·55402 ,::··~-.·.I. 13 Telephone: (612) 371-3958 14 FOR THE STATE: i'l,I I• SBOT NO. 19637700 J.j 15 Lisa Tanner Assistant District Attorney 16 Bastrop County, Texas .;~-;• Assistant Attorney General 17 P. O. Box 12548 Austin, Texas 78711-2548 '\ '..J 18 Telephone: (512) 463-2170 19 SBOT CO. 24026139 Tina Dettmer 20 Assistant District Attorney l Bastrop County, Texas ! t 21 Assistant Attorney General P. O. Box 12548 · 'f 22 Austin, Texas 78711-2548 I Telephone: (512) 936-2893 23 24 25 3 1 CH RON 0 LOG I CAL INDEX 2 VOLUME 1 3 (EVIDENTIARY HEARING) 4 MARCH 23, 2006 Page Vol. 5 Announcements. ~ . 7 2 6 Motion for Disqualification of Assistant District Attorney 7 Lisa Tanner . 8 2 : .j 8 Lisa Tanner! Direct Statement . 10 2 l -i ! 9 Cross Examination.; . 16 2 10 Argument by Mr. Moon . 17 2 11 Argument by Ms. Tanner . 18 2 12 Court's Ruling . 21 2 13 Motion for Substitution . 21 2 14 Court 's Ruling ; . 21 2 15 Recess . 22 2 I 16 Motion to Limit Issues to be Litigated .l 17 In Evidentiary Hearing . 22 2 1 j .2 .1 18 Court's Rul i ng : . 25 ~ i I 19 Announcements of Ready . 30 2 ! I i I '--~ ) 20 Opening Statement by Mr. Overstreet . 30 2 I 21 Opening Statement by Ms. Tanner .. ~ . 32 2 _.. J1 22 APPLICANT'S WITNESSES 23 WITNESS Direct Cross Voir Dire Page Vol. 24 Calvin Garvie 33 45 2 i 25 47 53 2 . J "..: __i 4 1 WITNESS Direct Cross Voir Dire Page Vol. 2 Martha Barnett ·56. 69 2 3 101 103 '2 4 Luncheon Recess - 105 2 5 Court Reporter's Certificate ; . 106 2 6 7 8 9 ; . i 10 ... \ I 11 :.-j :I '_ ... ; 12 13 14 15 16 17 . ; : ! ;.. ~ 18 .\ 19 i i 20 , 21 ' .. J 22 23 , 24 J 25 ,5 1 ALPHABETICAL WITNESS INDEX 2 WITNESS Direct .Cross Voir Dire· Vol. 3 Barnett, Martha 56 69 '2 4 101 103 2 5 Garvie, Calvin 33 -45 2 6 47 53 2 7 8 9 , 10 . ., , 11 :" ; i I 'J 12 ~] ; 1 13 , .J 14 " j i : i 15 ;"j 16 :'-J 17 ,I", ,I 18 19 20 21 22 , j 23 24 25 6 1 EXHIBIT INDEX 2 STATE'S 3 NO. DESCRIPTION OFFERED ADMIITED VOL. 4 1 Letter 20 20 2 5 2 Statement 85 85 2 6 3 Arrest - DWI 97 97 2 7 4 List of Charges 97 97 2 8 9 10 11 12 13 14 15 16 17 ~ ) ~ I i :1 18 19 20 21 22 23 , 24 . ,1 25 { I J 7 1 (Cause Number 8701-A; the State of Texas versus Rodney Reed; 2 21st Judicial District Court, Bastrop County, Tex~s.)· 3 THE COURT: All right, good morning, ladies and 4 gentlemen, we have some preliminary matters to take care of 5 before we begin the hearing that we're set for here today. 6 One of the things I would like to advise all the 7 members of the audience of is that I do expect that respect 8 will be given to this Court,there will be no talking, there 9 will be no cell phones, recording devices, cameras or any type :- i 10 of that in the audience. There will be no comments on ~_ • .J 11 testimony that may be presented from the audience. If you feel '12 that you have something to say you may do it outside this 13 courtroom, but if you decide to speak out in the courtroom you 14 will be excused and you will note be allowed to come back in. 15 Does everyone understand that? (Silence.) "J i 16 All right. Now, in order to identify all the ..IJ. 17 individuals that with us this morning I'm going to ask that the 18 parties stand an~ identify yourself and who you represent. 19 We'll start with Mr. Reed's counsel. 20 MS. KASE: Kathryn Kase, your Honor, with the 21 Texas Defender Service in Houston. 22 THE COURT: Thank you very much. 23 MR. MOON: Morris Moon with the Texas Defender 24 Service in Houston. 25 MS. SMALLEY: Sandy Smalley from Lindquist & 8 1 Vennum in Minneapolis. 2 THE COURT: Thank you. 3 M'R. OVERSTREET: My name is Morri s Overstreet, 4 I'm a law professor at the Thurgood Marshall School of Law. 5 THE COURT: Thank you, sir. 6 MS. TANNER: Lisa Tanner, I'm Assistant Attorney " . 1 i 7 General and deputized assistant criminal, district attorney. 8 MS. DETTMER: I'm Tina Dettmer, Assistant 9 Attorney General and I'm deputized as well. ! 10 THE COURT: All right, I believe we have some ,-.j (".-., 11 motions we need to address prior to the beginning of this \ , :! I i I , {.,.! 12 hearing. I' : I i ,I ; 1 13 The first motion I would like to address would 14 be the motion that was filed on February 24th of the year 2006, (') II L,.i 15 it was tendered to the Court by Mr. Moon. That is your motion, 16 it is a motion that you had sought for disqualificatlon of the 17 Assistant District Attorney Lisa Tanner. Do you have any 18 evidence to proffer toward that motion? , 19 MR. MOON: No, Your Honor, we would rest on the I ! :'.. 1 20 motion. 21 THE COURT: Response from the State? 22 MS. TANNER: Yes, your Honor. The State has 23 filed a written response with the Court, it was actually just 24 filed yesterday. I don't know if the Court has had an 25 opportunity to look at it. And, also, in light of one of the 9 1 cases we cited in it we would like to -- I would like to 2 testify under oath with regard -- -solely with regard to the 3 issue of disqualification, if I may. 4 THE COURT: Okay, you may. 5 MR. MOON: I don't believe I received a copy of 6 the response. 7 MS. TANNER: I over-nighted it to counsel on 8 Monday. '9 MR. MOON: Yes, I have it here. 10 THE COURT: Would you like to take a moment to 11 'look at that, Mr. Moon? 12 MR. MOON: Yes, your Honor. r··' I.., 13 THE COURT: Please do. I..:: 14 (Opposi ng counsel revi ews .ftl ed response.) 15 THE COURT: All right, you may proceed. 16 MR. MOON: Thank you for time, Judge. 17 THE COURT: Do you want to come up here to the 18 witness stand? 19 MS. TANNER: Whatever the Court prefers. 20 THE COURT: . Can you see her from there? 21 MR. MOON: That's fine, Judge. 22 THE COURT: Okay, 'from there is fi ne . 23 LISA TANNER, 24 called herself as a witness and having first been duly sworn 25 testified as follows: 10' . 1 DIRECT EXAMINATION . 2 QUESTIONS BY MS. TANNER: 3 Judge, I would like to state for the record that 4 my name is Lisa Tanner, I'm an assistant attorney general have 5 been so employed sin February 1st of 1994. I'm deputized as a 6 assistant criminal district attorney for Bastrop County. I was 7 the lead counsel for the State on the case the State of Texas 8 versus Rodney Reed, both at trial and on appeal, and was also 9 the lead counsel on the habeas proceedings, Ex Parte Rodney ; ) 10 Reed in State Court. 11 With regard to the issue of the motion fro 12 disqualification, I would like to state for the record that I 13 was deposed in the federal litigation on October 16th of 2003 14 with regard to any knowledge I had of Martha Barnett or Steven , 15 Keng, and a few other matters that are not relevant for todays 16 hearing. And at that deposition, as I have included an excerpt 17 in our response to their motion, I testified then, as I do now, 18 that I never heard of Martha Barnett prior to, or during, or , --j 19 after Rodney Reed's trial. I never spoke to her. I did not \:1 L:l 20 know any of the things that she said she saw.
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