Clerk of the court1

Greetings, I am incloseing a breif in support of objections and rebuttal
of the courts fact finding that was clearily erronous in its decision it

rendered only weeks ago,
Would you please file it with the court where fla honorable judges can

see whats reaily going on in this case, I want to thank you in advance,

BENNIE GUY . Ol 86 2511
3060 fm 3514, Beaumont/ TX 77705
Sept-22/2015

%M%

RECEIVED iN

QQMTOFCRMINA'LAPPEALS
SEP 25 2015

AbelACOSYa,Cférk

WR-BO l 317~03
TRIAL COUIU' WRIT I\D . 23-613-B-H-2

INTHETEXASCOURTOFCRIMINALAPPEALS
OF AUSI'INTEXAS

BENNIE DAVID GUY PETITI(I‘IER
VS
STATE OF TEXAS RFSP(NDANT

BREIF IN SUPPORT OF OBJECI‘IONS AND REBU'.['I'AL
OF THE CX)URTS FACI‘ FINDING THAT WAS CLEARLY ERR(I]EOUS

BB\]NII§ GUY TDCJ NOl 0186251]_
3060 fm 3514, Beaumont/ TX 77705

BMW-:~ j;@

STATETIENT OF THE CASE

Guy filed a writ of habeas ll-O7 in the trial court with evidence that
exonorated Guy of the charge but, the state is beating around the bush and
changeing the dates of the crime and Guys where abouts on the night of the
'crime. , Guy was 500 miles away renting a motel in Heath Arkansas and was
being investigated by the st, francis county police and they have docmentation
in the courts of arkansas that place Guy 500 miles away and theres a notorized
affidavit in this Breif of a nother man admitting to the crime. and the
state is misleading the courts to beleave the date was 7/1/95 insted of 6/30/95
as stated by the victim when she came to the sherriffs dept and reported
it on 7/1/95 she said it happened last night on a friday night 06/30/95
see exhibit No l. its thee report from the victim and the investigator.

Guy ask this honorable court to look at the evidence of his innocence
and send the case back for trial or set guy free its so prayed.

SEE EXHIBIT No, 7, its law enforcement officers affidavit from 1996-5 of
Guys where abouts.
This court Guy prays over turn the conviction on this innocent man and

sat him free.

EXHIBIT LIST
WRIT NUMBER TR,CT/NO 23-613-B-H~2

WR-80,317-O3
pagesv»,

INVESTIGATORS REPORT ...................... . .............. . ........ ...

Gregg County ct docket sheet ............. ...... ............. ... ..... ..
n MOTION FOR APPOINTMENT OF INVESTIGATOR .....................¢....; .....

BILLY STEWARTS NOTORIZED AFFIDAVIT ............... .. ................. ..

TEXAS DNA TEST ........., ................... . ......... ..........,....;.

DNA RE TEST DENIAL WHERE THE STATE THROWEN AWAY GUYS EVIDENCE .........

STATE OF ARKANSAS LAW ENFORCEMENT RECORDS AND NOTORIZED AFFIDAVIT

OF GUYS WHERE ABOUTS ON JUNE 30, 1995 .......... . .............. _ .......

(N)

wreso,ai?i~;mz
TRIAL COURT WRIT NO. 23-613-B-H-2

' IN THE TExAs couRT oF cRIMINAL APPEALS_
AUSTIN TEXAS’

BENNIE DAVID GUY . c . PETITIONER

vs
sTATE oF TEXAS ` ' REsPoNDANT

MOTION FOR OBJECTIONS AND REBUTTAL OF-THE COURTS FACT FINDING
THAT WAS CLEARLY ERRONEOUS

To THE HoNoRABLE JUpGEs oF=sAID oouRT:
THE PETITIONER oR APPLICANT oBJEcTs '10 THE couRTs FINDING oF FAcrs IN THE
sAiD wRIT oF HABEAS coRPUs FILED 0N SEPT-B-zol$ for the following reasons;

'1. H`ISTORY oF THE cAsE
The applicant, BENNIE GUY Plead guilty to a coerced plea in July
of 1996 to the felony offence of sexural assault/criminal episode, and pursant
to the coersed plea was sentenced to 40 years in the Texas Dept of Crim justice
and confined as offender 01862511, at the stiles unit of the TDCJ, Housed at 1
3060 fm 3514, Beaumont, Texas , 77705.

On July 23, 1996 five days after the coersed plea Guy was rushed out the
state of Texas to the Arkansas dept of Corrections and was housed there
until June l3, 2013 when the state of Texas extradited Guy to the TDCJ.

Scence that date there has become evidence of Guys innocence and Guy
has filed it in the court and the court refuses to hear it all on the pretence
that Guy pled guilty to the crime, even to know Guy pled to it it was against
his will and he was threatened in to the plea. Scence Guy has become able

to do his own legal papers in to the court Guy has not stopped digging up

3

material that shows Guys innocence. Now the lower district court has made
plain error in the case before it and Guy ask this honorable court to look
at the evidence in the petition.

On July the firt, 1995 at 11:40 am The Investigator mr Shelton was at
his office in Longview Texas Gregg County, he had got a call from some one
there at the Sherrifs dept saying some one was there to talk to him of a
sexural assault . A 20 year old female came to his office and said-

[ PAGE 2 of the Gregg co Sheriffs dept supplemental report] paragraph 3

R/O Was advised by the victim that on friday night,O6/30/95 shéiibeen raped
by white male see page 1-12] here 'the alledged victim clearly states on
6/30/1995 is the date ofthe offence,not as the state said in its fact finding
of July l,95.(see exhibit l,) INVESTIGATORS REPORT. PG 1-2.

On 5-23~1996 Guy was extradited from Arkansas to Gregg county to stand trial.
Guy was given a public defender named Terry Jackson to repersent him on
5-30-1996 said attorney filed motion with the court to be removed because

Guy would'nt pled guilty and mr Jackson did nothing, not even the basic such
as fileing motion for discovery, {SEE EXHIBIT §Z; it will be court document]

Mr Jackson filed in the court 3 days prior to the coerces plea a motion
for the court to hire an investigator, he said he'd done no investigation
but 3 days later he pled Guy to 40 years in prison. Z§<HB;S,

The 6 th Constitutional right to effective counsel. STRICKLAND V WASHING%
TONz466/u,s,668,80,L,Ed,2d,674,lO4S/ct,2052,(1984) p2060 [the court of appeals]
agreed that the 6 th amendment imposes on counsel a duty to investigate/
because reasonable effective assistance must be based on professional decisons
and informed legal choices can only be made after investigation of options.

Here mr Jackson did no investigations he did not even the minium of
the basic of trial, he never even filed motion for discovery to see what
the state had to tri Guy on, [SEE MOTION TO COURT EOR APPOINTMENT OF INVESTIGA
TOR # DAYS BEEOR TRIAL, SEE EXHIBIT §§ THE MOTION. If mr Jackson would
of investigated he would of found out the Guys cousin committed the crime
and not Guy .-[.sEE EXHIBIT ‘f, oF BILLY sTE.wARTs Nol'oRIZED AFFIDAVIT DATED
MAY 2013 and signed by him.

 

 

THE STATE HAS DES'I‘ROYED GUYS WHOLE CASE 'I'O KEEP THE RECORD SILENT AND THIS HAS
PREJUDICED GUY TO WHERE HE CAN NOT APPEAL HIS CASE AND THERES NO RECORD BUT
THE COURTS CONTINUE TO DISMISS EVERY MOTION OR PE'I'ITION IN THE COURT FILED

BY GUY.

A- There was DNA In this case, In 1995 Texas crime lab completed a DNA Test
on the items sent to it, SEE DNA TEST AS EXHIBIT # §§ and the courts
threw away Guys evidence in the case. [SEE EXHIBITS OF COURT CLERKS AND

JUDGES DENIAL AS EXHIBIT §§ § .
Sr_.¢,` CM"(', I:"‘§"\
B- _The court has threw awy Guys court records, see exhibit it
is the findings of facts by the court and the judge says, [THE REPORTERS
REooRD oF THIS 1996 PROCEEDINGS cANNor BE LocATED ] S¢<, f¢<’.>r-X .Q.o ¢`#(4‘3-'70
¢9£ .\»\,. CJ¢ f¢>po,»§¢/ v-»‘#

In this instant petition Guy filed a notorized affidavit from law enforce
ement officals and the State of Arkansas prosecutors office and courts of
St / Francis county Arkansas documents pretaining to Guys where abouts, These
motel recordsvaxused in a criminal trial and sworn to as true see the affidavit
of the law enforcement Captian. The motel records place Guy 500 miles away
from the state of Texas on 6/30/1995. at 9:30 pm Guy had checked in to a
motel in heath Ar`kansas, [SEE EXHIBIT # Z __I_T wILL BE THE RECEIPTS FRoM
THE HOTEL. TO PROVE GUY WAS NOT IN TEXAS ON 6/30/1995 as stated by the woman at
the night club,

In this instant petition habeas No. 23-613~B-H-2 Guy filed with the convé
icting court the documentation from the Arkansas law enforcement officals that
clearly put Guy 500 miles from Texas on the night of the Texas crime and the 124
th district court has made a grave error in its responce to the petition.

PAGE 36':of record / pg 5 of states responce reads.
If the non-motorized receipts are correct, Guy was in the shell lake ao
motel in Heath Arkansas both on 5/25/95 from 6:15 to 8;pm, and he
went back at 9:30 pm on Jungol995/j§£g l,was intered in to evidence
to suport a conviction of rape
page 6, STATES, Certainly, Guy could have committed a crime in Arkansas
on may 25, and been in Texas to committ this crime on July 1,1995

5

"HERES THE ERROR COMMI'I'I‘ED BY THE COURT"

See EXHIBIT |‘ _ITS THE INVESTIGATORS REPORT AND THE DATE OF WHICH
THE ALLEDGED VICTIM STATE SHE WAS RAPED AND IT WAS JUNE 30, 1995 Orl a friday
night. the victim stated she was attacked on 6/30/1995, Now the state is
misleading the court and judge in to beleaveing it was July l, EE, because
the Indictment states, on or aroung July l/l995. then the state goes on to
say july2, then july 3 , _ j v

if this honorable court will look at the EXHIBIT l THE INVESTIGATORS
REPORT AND VICTIMS STATEMENT SHE SAID 6/30/95 on friday night. the interview
was conducted at 10;40 am at the sherriffs dept on july l, 95 there is where
the state has the date wrong, and this wrong date is keeping the truth from

coming out that they have the wrong man in prison.

ARGUMENT
GUY HAS NOW PRCVED BEYOND A REASONABLE DOUBT HES INNOCENT

Guy has a notorized affidavit from a nother man stateing he was the
man that was in Texas and committed the crime Guy is in prison for SEE EXHIBIT
L§x._f| OF BILLY STEWARTS AFFIDAVIT,FROM 2013. it was not avaliable in
1995-6 nor while Guy was in Texas.

then 2015, Guy provides to the court a notorized affidavit from an Arkansas
law enforcement officer and the state prosecutor and the court finding the
affidavit and its motel receipts ture and correct. Stateing BENNIE GUY WAS
cHEcKING IN 10 A MOTEL IN ARKANSAS 500 MILEs AwAY AT 9":30 pm on June 30,
1995 when he was suposed to be in Texas committing a crime here. these affidavits

are signed by law enforcement, and dated .there certified documents. E;( '7,

IN CLOSEING

Guy objects to the states fact finding and rebutts the fact finding.
Guy has presented clear and convencing evidence of the 124 th courts error.
the indictment date of 'onor about july 1,1995 is wrong, Date should of been
June 30, 1995 as stated by the victim and the investigators report see exhibit

f zidlnvestigators report dated july 1, 1995 at 10;40 am at the sherriffs

depton saturday morning, the victim clearly states, paragraph 3, line 12, that
on friday night 6/30/1995 she was assaulted. and Guy now has court documents
proveing he was 500 miles awy from that woman and the town of longview Texas.

In the courts fact finding pg,70 of record, page 2 of the finding, state

(1)a:Guys plea in the Texas case was freely and voluntarily given.

Guy clearily fits in the middle of both actural innocent cases by the
supreme<xxrt HERRERA V COLLINS, 5067u,s,390,122)L,Ed 2d1 203,113,S,ct,883,(l993)
This court has said in EX PARTE FRANKLIN AT 677, when a defendant seeks to
challanges the conviction it is fair to place the burden of proveing his
inocence not just raiseing doubt about his guilt, here Guy has clear and con+
venceing evidence of his where about in and on the date of the Texas crime. June-

30 1995/at 9:30 pm Guy was 500 miles away checking in to a motel/
Calander of June of 1995

sMTwTFS 1695
2

d 1 3 F\)~‘/ 'ZO_ U<-

4 5 6 7 8 9 10 - ,.)\`§
11 12 13 14 15 16 17 ;§ ;‘\‘l"’\
18 19 20 21 22 23 24

25 26 27 28 29

here is a calander of June 1995, and the investigators report from the victim
states it happened on June 30,95 a friday.night,/ and Guy has affidavits from
law enforcement in Arkansas placeing him there at the time of the Texas crime
and this court knows no one can bee two places at the same time and Guys signs
ature is on the receipt and dated. there fore Guy has rebutted the states res
sponce onetheadaterissue.atohand. that wasian error thats keeping a inocent man

in prison.
7

 

SCHLUP V DELO, 513,us,298,130,L,Ed,ZG,BOB,llS,S,Ct,BSl,(1995) SCHLUP CLAIM, A
procedural claim for relief, depends critically on validity of STRICKLAND AND
BRADY, to prevail the applicate must show that a Const error more likely than
not resulted in conviction] [

Here Guy had a right to his 6 th amendment right to effective assistance
of counsel, the court appointed attorney mr jackson did not investigate the case
at all if he would of he would of found out the following.
A-Guys cousin committed the crime, SEE EXHIBIT OF BILLY STEWARTS AFFIDAVII_:i_
STRICKLAND V WASHINGTON, 466 u,s,668,80, L,Ed2d,674,104,s,ct,2052,(1984) pg,2060
[the court of appeals agree] the 6 th amend imposes on counsel a duty to invest-
gate, and only professional decisons and legal choices can be made only after
investigation 693,f,2d.at 1250,n12] SEE EXHIBIT §§ ITS THE MOTION FOR APPOINT_
MENT OF A INVESTIGATOR AND THREE DAYS LATER PLED GUY TO A COERCED PLEA SO THERE
THE PLEA AS STATED BY THE COURT IS NOT FREELY GIVEN.

The dates of the state are wrong, there delibertly given to counter attack
n the affidavit of law enforcement officals of Guys where abouts on 6/30/1995 the
day of the Texas crime Guy was 500 miles away.

IT IS THERE FORE PRAYED.

That this honorable court look at the affidavits and other evidence

that prove Guy is innocent and rule in Guys favor, hes been in prison now 20 g
years for crime he did not committ and has proof through law enforcement affid-
avits and motel receipts placeing him 500 miles away from Texas on night of the
crime , and the states response be corrected to the correct date the victim
ststaed she was attacked on 6/30/95 not 7/1/95 as stated by the state. and order
Guys release or over turn the conviction and send the case back to trial it is

so prayed.

BENNIE DAVID GUY 01862511
3060 fm 3514/ Beaumont, Tx 77705

8 `Z)BW §§ o/o‘oa;/)

 

CERTIFICATE OF SERVICE

1 BENNIE GUY TDCJ NO, 01862511 do state the petition is true and correct

to best of my knowledge. and the petitiom/motion was put in the u/s, mail on
thisz'jlz day of :§¢ pi 2015 with affixed postage. to the Texas court of sza;

criminal appeals.

INMATE DECLARATION

I AM INMATE /OFFENDER BENNIE GUY HOUSED AT §306@*fm$3514, BEAUMONT/ TX 77705
stiles unit of the TDCJ.

BENNIE GUY 01862511
3060 fm 3514, Beaumont, TX 77705

%M\/\~JL 113 5

 

 

iix-l`

 

 

a

GHECG CUUNTY SHERIFFS DEPARTNENT
SUPPLEHENTAL REPORT

DATE RUH 7f13/9& CUNTINUED
CASE: 002-603-95 DHTE IHFORMATION REEEIVED! ?/91§?5
APFRUVED EY _

INVESTIGATED HY SHFLTDN

GDDITIUNAL DETAILS: '
ON 07/01/95, I, CECIL SHELTDN (HEREAFTER KNGNN MS H/U), AN.

INVESTIGAFUR UITH THE EREGE CDUNT` SHERIFF'S DEPARTHENT ASSIGHED

TU_lHE-CRIHINHL INVESTIGATIUN DIVISIUH, WAS CDNTMBTED AS ON~CGLL
INVESTIGATUR FOR THE CRIHINAL INVESTIGATIDN DIVISIUH. H/U UHS
ADVISED THGT h SEXUAL ASSAULT HAD UCCUHWED AND THAT THE VICTIH

UAS AT THE SHERIFF'S UFFICE.
UFUN HRRIVAL AT THE DFFICE, RfO MET UITH THE VICTIH,
LEVUNNG TALIHFERRD (U/F, DUB 65/03/?5). HS. THLIMFERRU ADVISED

R/U THAT SHE HAD HEHN THKEH TU 9 REHGTE AREH IN GREGG CUUHTY HHD

RAPED BY GN UNKNDWN NHITE MALE.

R/U UHS ADVISED BY THE VICTIH THAT ON FRIDRY NIGHT,
35/3@/95, SHE AND n FRIEND UENT TO THE LEVEE CLUH IN LOHGVIEM.
MS. TAtIAFERHU STATED THEY DRANK APFRUXIMATELY 4 HIXED DRINKS QT

THE CLUB MHILE THEY UERE MAITING FOR'UTHER FRIEHDS FROH CHHPEL

HILL.
THE VICTIH STQTED SHE UENT UUT TU THE'CHR IN_THE PARKING LOT

TD SEE IF SHE CGULD SEE HER FRIENDS. THE.VIETIM STATED SHE'HAS

srmwvrwc HESIDE KaRta'S can wHEN a wHITE MALE waLKEn UP 10 HER

_aNn ETARTED TntKING TU HER. THE viCTIH STQTED THAT THE wHITE '
MALE SAID HE HAD Tn 60 nunn THE ROAD'TU FICK up m FRIEND ann
asKED IF SHE MANTED 10 co,‘THoT HE woutn 85 RIGHT HAEK. THE

VICTIH STATED SHE GOT IHTU THE UHITE HHLE'E CAH.‘ THE VICTIH>
ADVISED THAT THE MHITE MALE DRUVE FUR A LDNE TIME AND SHE KEFT

RSKING UHERE HE HAS GDIMG. THE UHITE HALE DRUVE TU n REHUTE

 

 

93

 

 

 

 

 

 

 

   

GREGG CDUNTY §HERIFFS DEPARTHENT
_ SUPFLEHEHTAL REPURT
DATE RUN 7/19/96 CONTINUED

CASE: 002~@03~95
IHVESTIGATED B¥ SHELTON
ADDITIGNAL DETQILS;

MDODED MREA'MHERE THE VICTIM STATED HE HEGAN GRQHBING HEH AHD

APFEDVED BY

FULLING HER ELDTHES UFF. vTHE VICTIN ETATED HE KEPT CUSSINE HER.

THE VICTIH STATED THE UHITE HALE FOREED INTERCUURSE, URAL AND

VHGINAL, DN HER SEVERAL'TIMES (SEE STGTEHENT FQR-DETRILS).

R/U UAS.ADVISED HY THE VICTIH THAT SHE SGU HEADLIEHTS CDHIHG

UP AND SHE UAS HBLE TO ESCHFE. THE VICTIM HAN NAKED TO n PICHUP

THAT UAS DRIVING BY., THE FUUR UHITE HALES IN THE FICKUP HELFEB

THE VICTIH TU GET OUT OF THE AREA. THE VICTIN UAS EIVEH CLDTHIHK

AND A HIDE.BACK TD CHAPEL HILL EY THEEE_PERSONS.
THE VICTIH SHUUERED BEFURE EOING HUHE. AFTER RETURNINE.HOHE

QND TALKING TU H FRIEHD, SHE CALLED HER FATHER AND TULD HIH UHAT

HAD HAPPENED. AFTER TALHING UITH HER FATHER, SHE MENT TU THE
MEDICFL CENTER IN TYLER AND CHLLED THE TYLER PULlCE. THE SEXUHL
ASSAULT EXAHINHTION UAS FERFORMED IH TYLER.

R/U HAS ADVISED BY THE VICTIH THHT'THE VEHICLE THE SUSPECT

wHS DRIVING UMS n SHALL 4 DUDR VEHICLE, PUSSIBLY A LIGHT CULUR,

UITH LlCHT BLUE INTERIDH.
. THE`SUSFECT IS DESCRIBED S 1 HHITE NALE, 5'11', 290 LBS.,
LIGHT CULORED HAIR BLONDE, UNSHQVEN SLIGHT GRUHTH, UEMRIHE 0
HEIGE SHIRf,_ELUE JEANS AND-HAROUN BUUT$. n v .
R/D HAS ADUISED BY THE VICTIH THAT-PRIUH'TD CUHING 10 THE
SHERIFF'S DFFICE SHE HND HER FATHEH HENT TU THE SCENE UHERE THE

HHHE UECURRED; THEY HEHE AIDED IN FINDING THE LDEHTIOH BY TMQ'DF

THE FUUR MEN THHT HHD HELFED HER.

DATE INFURHATIUN RECEIVED:

PAGE

"1 t 111
l'/' 01 l' 17

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NQ. 23,087-13
THE s'rATE oF TEXAS § IN THE 18.
vs. n § coUR/r IN AND FoR
BENNIE DAVID GUY § GREGG couN'IY, TEXAS

  

TO THE HONORABLE JUDGE OF-SAID COURI`!

Now comes Bennie David Guy, defendant in the above styled and numbered

cause, by and through his attorney of record, and respectfully moves this

Honorable Court to appoint a private investigator to assist him in the preparation

of his defense. and for good cause shows the following:

',I.

Defendant is charged With the felony offense of social assault

II'.

Based on his limited investigation in this:case, the undersigned counsel
knows that there are a number of witnesses who must be sought out and
interviewed This can only be done properly and effectively through the use of a

private investigator.

MCI'!ON AND QRDBR FOR A.PPO!NTMB.NT OFAN lNVESTXGATOR PAGB l

81

 

 

 

 

 

 

 

 

§
lII.

Appointment of a private investigator is necessary to insure that defendant

ghts to effective assistance of counsel, cross-examination and

cess, guaranteed by the Sixth and Fourteenth

receive his ri

confrontation, and compulsory pro

Amendments to the United States Consiitution and Article‘l, § 10 of the Texas

 

 

 

..._..__-..._'»__ ...._....._._ _ ___

Constitution; due process and due cour_se"of‘lavv,_'g

Amendxnent to the United States Constitution and Article I, §§ 13, 19 and 29;

and, equal protection of the law, guaranteed by the Fourteenth Amendment to the

United States Constitution and Article I. §§ 3 and 3a of the Texas Constitution.

l`V.

Appointed counsel is entitled to reimbursement for reasonable expenses

incurred with prior court approval for purposes of investigation Tex. Code Crim.

P_roc.' Ann. Art. 26.05[3).

V.

Undersigned counsel was appointed to represent the defendant because of

his indigence This indigence prevents defendant from hiring a private

investigator to assist in his defense

MO`|`\ON AND ORDBR FOR A.°POINTMBNT OF AN lN’VBSTlGATOR FAGE 2

82

 

jarameed~by~meFeurtcenfh-~~~~~~~- - --~

 

 

 

 

 

   

‘ vI.

 

Defendant requests that the Court appoint

a private investigator. licensed in the State of Texas.

wHEREFoRE, PREMisEs ooNsn)EREi), defendant prays that this court

appoint a private investigator to assist him in the preparation of his defense and

 

that the Court order the(‘yjoun_ty'Auditb"f"to""'pay'the"costs~‘of~'s

. services

Respectfully submitted,

a/B/~u‘/ \@%a@w

Terry Jackson
Attorney At Law

301 North First Street
Longview. Texas 75601
SBN 00790950`
903-758-8888
903-753-5982 faX

 

ATI`ORNEY FOR DEFENDANT

 

MUl`lON AND ORDER FOR AP'POINTMENT OF AN lNVESTlGATOR PAGE 3

 

83

uchrinvestigative_. …… --_ -A.. -

 

 

 

f ; ` ~ ' " gigginbotham and Associa es
§ P.O. Box 129 ° Longview, Tean 75606-0129
(903) 758-4919

  

 

 

m# 75-272180 lNTERlM § DATE: 7 / 2 9 / 9 6 TBPI#Msso
r-- --] GU!, BENNIE DAvID
No. 23.087-B

 

Mr. Terry Jackson
Attorney At Law

j 310 N. First street

kop§view, TX 75601 ' ll

 

 

 

 

 
   

     
 

interview

 

itn s

 
 

Investi ation and
hours @ M0.00

 

er hour

DUE AND PAYABLE UPON RECEIPT IN LONGVIEW, GREGG COUNTY, TEXAS
' n Sub Total

       
 

Tax

Total

PLEASE RETURN ONE COPY WITH REMITTANCE

  

87

 

 

 

 

 

.,w

 

 

 

4 STATE OFARKANSAS.
STATE OF TEXAS -

BILLY W. sTEWART ADC #104406
P.o. BoX 500, GRADY, AR. 71644

events that occurred on June 30"" 1995 - to - May 10"ll 2013.

Billy W. Stewart
A.D.C. #104406
P.O. Box 500

Grady, AR 7~1_644
Date:_ j ` "/>?"/3 '

Signature: (§`?/%@%/Q/y¢/
/ ‘ .

 

'lZ

7 Hw"#m._”M_l*)moms`_\vea_x: this statementis >tru-eandcorrectto th>ewb`estof my lthoudedge of the

12
gf qauah
1 t
i
}.
'.
L'-

 

 

 

 

 

 

 

 

DECLARANT WITH SUPPORT BY AFFIDAVIT :
1_. I am Billy Wayne Stewart My date of birth is November 13, 1963. My height is S‘ft 9
inch Brg\_x_m hair and 205 lbs }Hy SS#j 5 429_ 27_ 62()8_

2. My old home address is 146 East lake Dr. Marion, AR. 72364. Iwas employed at M 3 l`.

Truck_ing, WestMemphis, AR. 7230], Owner} oe Widell.
3. My Mother was Brenda Lancaster-Stewart Vowell.

4. My Father is Earl Wayne St_ewart, Sr. - .

5. lam 49 years old and of sound mind to make this Declaiation

In June of 1995, I Billy W_ayne Stewart was living with my cousin Robert Guy in
Hugh Springs, Texas, l worked and lived with my cousin Robert Guy until I left around July 6,
or 7, of1995'. In the late part of June of 1995, l had bought a light blue Mercury Lynx with tag #
Tean MGH-53L. from a car dealer in Hugh Springs, TX. and paid for it with checks from my

cousin Robert Guy who I had worked with.
On the night of June 30"‘- 1995 or July ls“ 1995, It was a Friday I had cleaned up after

work and was going to a club in Longview, TX. (Gregg Co.) At around lO-to-ll p.m., I went
to the Levee Club. On, I think was Spur-63 or Macain and 80 HWY. down town Longview,
Texas. _ ' l
l l parked my car in the parking lot and as l was walking toward the club entrance door, I
seen a white female standing out-side smoking a Cigarette and I went to her and asked if she
was OK. She told me it was hot in side and she was waiting on a few friends 'I asked her if she
wanted to,\go for a ride and smoke some Marijuana and she said yes. l had drove With her to a
remote area probably 5~ miles from the club. Once there l started making the girl-woman take
her clothes _off. And l forced myself on her (raped her) oral and vaginally.

About a hour later a truck pulled up behind my car and the woman got away from me
and ran to a pick-up truck and iled. Once the woman fled in the pick-up, I started my car, drove
probably a mile or two and the car stopped running l got out looked for my boots and could not

find them or my comb or shirt l took my tire wrench knocked the windshield out the car, took

the vin # off the dash, the vin# I don’t know what it is. l sat the 1985 light blue 4-door Mereury'

Lynx on fire and walked away.

ss

1;

 

 

l walked to Hwy 42 and went to White Oak, Te)<asl and there caught a ride to Hugh ~

Springs, Texas with a man in a pick-up truck. Couple days later a Investigator named Cecil
Shelton with the Gregg Co Texas Sheriff Dept came to my co Robert Guy’ s house in
Hugh Springs, Tx. looking for Benny Guy My.other cousin., I Billy Stewart had bought a car
in Hugh Springs, Texas under the name of Tommy Guy and when 1 over heard the conversation

of the car being found burnt and of the girl (Leavonna Tali_aferro) 20 yrs old reporting she

 

was raped I knew then that a investigation would soon be underway

 

 

1 left Hugh Springs, Texas the next following day after lnvestigator Cecil Shelt_on had
talked to Robert Guy, and went back to Marion, Arkansas. My Father Earl Ste_wart s Mother is

Willard Dean Stewart. And Robert , Benny, Tommy and Bobby Guy’s Father is Marvin Guy,
.Willard Dean Stewart and Marvin Guy are brother a`r'id sis_ter. I knew once 1 got back to

Arkansas that 1 would never be caught because the family members would not tell on each
other. However, my cousin Benny Guy was arrested for this crime I committed and it has come
to the point that l do not want my cousin in prison for a crime I committed on June 30"‘ 1995
or July 15‘~ 1995 in Gregg‘C-ounty, Texas.

1 have went threw the public records, Freedom of Information Act and l’ve came up
with the needed information 1 need in order to give this information to the right people and

agencies where Justice can be rightfully administered and once and for all'the truth be told.

I Billy W. Stewart on 6-30-1995 did rape Leavonna Taliaferro of 16104 CR-294 of Tyler,

Tx. Her date of birth is 5-3-1975. 20 year old clerk. (Leavonna told me something only I- ~

- and her'would know. Leavonna told-meshe was 19 years old and only had sex with one

person besides me. Ask Leavonna Taliaferro is she told the rapist that the night of the

rape and she will tell you yes.)
In 2010, In Garland County Ark`ansas (Hot Springs) l was convicted of rape of Jessica

Holmes‘ a 23 year old woman. My case # is CR~Z_O]O-GZO~IV. Since I raped Leavonna
Laliaferro, l’ve been in prison many oftimes. Now my conscience is bothering me to where 1

want to take responsibility for what I have.done in my life.

17

 

 

Benny Guy, my cousin, was_convicted in Gregg vCo. Texas court of raping Leavonna
Taliaferro in July of 1996. now I feel the need to come clean and do the right thing and tell
the truth and apologize to my cousin and to apologize to Leavonna Taliaferro. Wouid you

please help me see to it that Justice is served. I can’t live with this any longer- my conscience

~ Bimy W“. stewart #104406
- ~‘ " ~ r-e ~ - ---~»P;»o.~B'ox*-soo~ -
` ` Grady, Arkansas 71644

is eating me up.

 

 

15

 

 

STATE OF ARKANSAS )

- )§§
CoUNTY LINCoLN )

` C"
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this _z__/__

dayof_M`_\ZOB
étfstwli / :§lml¢,M/£/ »

NoTARYP BLIC _. 1 i_ 1

 

MY CoMMIssIoN EXPIRES; § ' 2 7'“”?;) ~'? /'

QQ>

 

 

800-521,}_.

STATE QF ARKANSAS )

)ss
coUNTY oF . _ )

AFFIDAVIT
l/(glff///£/ S`/?é<.{;?f?’ , , after first being duly swom, do hereby swear,

depose and state that

W$l‘.§ 19#77‘/'}'§/,:)/1 l"$ 7%/{/ lundy c'l:rf/<a:?-' 7?9 //;e‘ /71<3-<>7”

 

 

 

*»**_119{`_!//¢/ /{l'/,M///ez/ls»e' c%e "/'l/ftcl?"’ hmw :/7é¢/ m/! c?f oil/l §Mc/

'_7~//~ 7*)/ /l/l Lzze:{cj fry lv»w/ /)/

 

 

 

 

 

I farther swear that the statements, matters and things contained herein are true and

accurate,to the best of my knowledge, information and belief

 

 

 

DATE » ` AFFLA.“I§,
n d :/::yq’ 07 7“” /0 /Q
soCJAL SECURITY #

SUBSCRIBED AND SWQRN TO BEFORE ME, a Notary Pub]ic, on this day of

,20

`

 

NOTARY PUBLIC

My _Comr_m`ssion Expires:.

 

 

 

STATE OF ARKANSAS ).
cO_UNTY OF /IL£?I/,A ) .

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Pub]ic, on this /y day of

 

/}///‘/1/ _ ',20/ 3 - _ .

’ NOTARY PUBLIC` j/§/§)/A//SS£&£H/C

My Commlsslon Explres: _ v § "¢» 2 f 0 'E° /

 

 

 

.);,¢¢s.¢~m~

TEXAS DEPARTMENT oF misth sAFET-v

'CRHWELABORATOHY
. 350'WEST_1H 30
GARLAND,TEXAS 7soagssga
214/226=5245 ` _

   

oui)LEYM anM/;'='
' ~Assr.~ omEcTon

JAMES r\. 'vvi LSV¢"

9“““1 August 22,1995`]

Investigator Cecil Shelton ’* """"
Gregg County Sheriff’s Office
lOl E. Methvin, Suite 559 »
Longview, TX 75601 ` ~

vTQ:

Sexualvkssault; Bennie David Guy, Suspect;
Victim; Gregg County; 7~1-95;.Sub-

sUBJECT; L1D-76,495;
002- 003 95

Levonna Taliaferro,
mitting Agency Case No.

DATE RECEIVED: 'August 16, 1995

METHOD OF SUBMISSION: In person by William Dennan

EVIDENCE SUBMITTED: Sexual assault evidence collection kit from
the victim.
any physical trace

REQUESTED ANALYSIS: Process the items for
' evidence associated with sexual assault

' RESULTS OF ANALYSIS- The victim' s blood was typed aS-a group "0ll
and a secretor by Lewis typing

A nonspecific presumptive test for the presence of
semen was negative on the vaginal swabs and oral swabs.

No_ spermatozoa were detected on the vaginal smear
slides or the unlabeled smear slides- '
No hairs were’detected in the head and pubic combings.
No relevant trace evidence was detected in the finger-

nail clippings from the victim.
No analysis was performed_on the saliva specimen.
Please make arrangements"

We are unable to retain this evidence
to pick it up at your earlies-t Convenience.

ginde é//L~Lé#(C/¢> '
Manuel Valadez,

Lorna Beasley ' _ »
Criminalist VI ' Laboratory Superv'

 
   
 
   

LB/MV:lb

cc: Au us. Lab=

<_"_`_) ;,"7' 4
114 ,

COURTE$Y ~ SERV|CE ~ PROTECTION

 

 

 

 

   

t F|LED
cases couNTY. n-:xAs
JUN 17 2015

Cause No. 23,613-B

 

THE STATE OF TEXAS

 

§
§
vs. § IN AND FoR
' § . ' _
BENNIE GUY § GRE_GG coUNTY, TEXAS

ORDER DENYING DNA TESTING

 

' _ On this the _|£_ day of June, 2015, in Cause Nurnber '22,613~B,;B_ennie Guy’s
Request for DNA testing came to be heard. This Court has reviewed Mr. Guy’s
request and the State’s response, including affidavits from a deputy district clerk and
a sheriffs deputy in charge of property -retention. The S__tate has responded to Mr.
Guy’s request, by informing the court that the evidence Mr. Guy seeks to test Was
probably not entered as evidence in his guilty plea hearing, and-Would not have been
retained for 19 years, and can no longer be located This Court finds that the evidence

no longer exists ina condition making DNA testing possiblet_ Therefore, pursuant to
Article 64.03 (a) of the Texas Code of Criminal Procedure, this Court may not order
forensic DNA testing en the named items Request for DNA testing is denied.

JUN 1
Signed on 6. 2015

 

 

 

 

 

Cause Number 23,613-B

Ex PARTE § IN THE msch coURT
§ 124“* JUchlAL msch
BENNIE DAvn) GUY § GREGG coUNTY, TExAS

AFFIDAVIT OF BEVERLY MATHEWS

 

Before me, the undersigned authority, personally appeared BEVERLY
MATHEWS, who after being duly sworn, stated the following under oath:

“My name is Beverly Mathews and I am over the age of 18 and competent to
make this affidavit I was employed by the District Attorney of Gregg County as a
prosecutor from 1991 to 1998, and I was assigned to prosecute Bennie Guy,

I have some clear memories of that case. I have been asked it` I have any _
knowledge of the location of a shirt, a comb, a pair of boots and a_ sexual assault kit
from that case.

“I did not keep evidence in my office If I ever needed to admit items into
evidence from the Sheriff’s Office, I would have requested it be brought to the
Courtroom on the day of trial. l would never have picked it up from the Sheriff’s
' oft`lce. After it was introduced, it would have been kept in the District Clerk’s

office, not my office.”

 

 

 

 

~.~_»~.,.,..\1.,- _~`.~.,_._ _

 

 

 

 

“I do not remember the lab report being helpful or hurtful to the defendant

l have no recollection of ever seeing the boots, shirt, and comb.”

d holan

severity MATHEWS, Afflam

 

Subscribed and sworn to before me, the undersigned authority, on this the

/Q% day ofMay, 2015. /7 _ 9
§ await da ma s1
f ' “ \ `\._/

Notary Public, State of Texas

       

` PRlscsLLA Pmce
.- N°¢ary Pubm;
sure oF rem

" Commluion Exp. 05-23~2015

 

 

 

 

 

 

Cause Number 23,613-B

Ex PARTE § IN THE DrsTchr c`oURT
§ 1241H JUDICIAL nrsTRrCT
BENNIE DAvn) GUY , § . GREGG coUNTY, TEXAS

AFFIDAVlT OF DEBBIE KINNEY

Before me, the undersigned authority, personally appeared Debbie Kinney,
who after being duly sworn, stated the following under oath:

“My name isn Debbie Kinney and I am over the age of 18 and competent to
make this affidavit I have been employed by the District Clerk of Gregg County
as a deputy clerk for the last 16 years, and I am assigned as a records manager and
as a civil supervisor. I know the procedures for exhibit destruction m the Gregg
County District Attorney’ s office

“I began destroying evidence in 2011. I do not know who was responsible
for that before I began. I believe that it had not been done for some time, because
when I began, I destroyed some evidence from as far back as the 1970’8. It is now
our policy to hold on to evidence from capital murder, murder, and sexual assault
ncases, but I am not sure when that policy was implemented.” \
“I have been asked to search my records to see if the evidence requested by

Bennie Guy has been destroyed I have searched for the evidence from Mr. Guy’s

case, but have been unable to locate aidestruction record for the boots, comb, shirt

 

 

 

 

 

 

and sexual assault kit listed in Mr. Guy’s motion and found no record that those

items were destroyed.”

 

Subscrlbed and sworn to before me, the undersigned authorlty, on this the n

 

fm n
_ l l _day ofMay, 2015

  

tilt 1 1
tav©tblic, State of Texas

 

 

 

 

 

 

Cause Number 23,613-B

Ex PARTE § 1N THE DISTRICT coURT
§ 1241lH JUDICIAL DISTRICT
BENNIE DAvn) GUY § GREGG coUNTY, TEXAS
AFFIDAVIT

Before me, the undersigned authority, personally appeared Adalia
Richmond, who after being duly sworn, stated the following under oath:

“My name is Adalia Richmond and I am over the age of 18 and competent to
make this affidavit I am employed by the District Clerk of Gregg County as a
deputy clerk for the last 24 years, and 1 am assigned to the 188th Judicial District
Court. I have knowledge of the procedures for exhibit storage areas of the Gregg
County District Clerk.

“I have been asked to look for evidence that was asked for by Bennie Guy, I
have searched for the evidence from Mr. Guy’s case, but have been unable to
locate the boots, comb, shirt and sexual assault kit referred to in Mr. Guy’s
motion. I have searched the entire vault, all the exhibit cards (which should list
everything in the vault on a particular case) and found no record of those items. I
had another deputy, Jhazmyne Williams, go back and check it again. There was no
exhibit card in this case, In the case file, I found an ‘evidence list’ prepared by the

Gregg County Sheriff , which listed the four items plus a burned vehicle as exhibits

 

 

 

 

'*"*“f°"’?'""`"""' "" .. ,. 114 ., . _ _... ..

‘A-E.’ That is not a list of State’s Exhibits from the trial, because at trial, State’s
exhibits are given numbers, not letters. l

“I have also checked with Debbie Kinney, our records manager, another
veteran deputy in our office_. She told me she found no record of State’s Exhibits
being destroyed.”

“I do not know where the requested evidence is.”

nw

Adalia Rith{nond, Afaanr

Subscribed and sworn to before me, the undersigned authority, on this the

Notary Public, Svtate of Texas

\QM\ day ofMay,`ZO 1 5.

   
 

rnuniwllllululllullll|llu ' f

 

» ullllllllllllill)l|lllll llllll
v

        

k STATE OF TEXAS
m Hy Commhba win 12'1!*2915

~
, lllllllllllllllllllllllllllllullllllllllllluuullllllu rl ml u. _'

 

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~,_,..._.......,.N¢....._`.....-.-,,,` `: _ `

 

Cause Number 23,613-B

Ex PARTE - § . ' IN THE DIs'rRICT coURT`
§ 124TH JUDICIAL _DISTRICT
BENNIE DAVID GUY § GREG_G CoUNTY, TExAs

AFFIDAVIT OF DAVID FALCO

Before me, the undersigned authority, personally appeared DAVID FALCO, k

who after being duly sworn, stated the following under oath:

“My name is David Falco and l am over the age cf 18 and competent to
make this affidavit I have been employed by the Sheriff of Gregg County as a
deputy for the last g years, and 1 am assigned as a Criminal Investigator / Evidence
Custodian, and as such, I know the procedures for evidence preservation and
destruction in the Gregg County Sheriff’s Oftice.

“I was asked to search for evidence in the Bennie Guy case, specifically, a
pair of boots, a shirt, a comb, and a sexual assault kit.”

“I have searched the evidence storage area room and all storage rooms under

my control as well as the original property log bo a d case file , and have not

   
 

DA"er F/>rtco, Afaam

Subscribed and sworn to before me, the undersigned authority, on this the

_lg_ day of Ma¥“{mg§

 

"`;SO`€` ~',:.
§§\~,. :_ soiARr/>@(O f Ml&'/] M)l//AU§"@M
§ ‘£;%>O/ iM Notary Public, State of Texas
z’//, '<§t/)Rg§“% '.‘._-~"":

 

 

Case: 5:lZ-cv-OOZZZ-JMA('”"`EDY Document #: 2-1 Date Fi|{e"~',,p€/lg/ZOlZ Page 37 of 119

t
i

CRIM.NAL liNFO'R-;MAT|DN
1131 THE Cl R,Ci`ti 1T C‘UUSR‘I' OI~“' $T». FRA'NC|.S COUNTY, AFRKAN’S_AS

53333 03 3333333,3$ n PL_MNT\FF
v;s, No.. 33“33-§; 151 131 3 1111
333~13||3 133le Gut ~ DEFEHDANT

naming GrD'la'E rio l"l¢_`\‘(`| 1:".3;..1_ Ni\
Earle, Arltan-sa:s

1333 303 313-33 3533 XXX-XX-XXXX §§§EEY

Atrest.D31;3:~ B»)I=‘?'S Tracfhihg No.\: 214325? ' "

0113333(5}: 544-103 -\ R3'p3, Ctas's Y 1131333331 “:;‘~: z; 353-m
n '.111'1.'11;`;

BET1E5 GNEEN, vi
51 FRA UHCUSH§K

 

“Cemes,, Fietcher 1333 ]33, Ptosecuting'A'ttomt-syi3_ttit`133 and 133 11133 13th judicial Bistt§ct
61 1113 State of'ArItarhsas‘, 01`33131311 S't. Frahc"i's County is 31 part, 131 the 3'33313 3331 1in the
3111!103'11;;' of the 533|;3 01 A:'ri:t:msas, 333 cady db accuse the above named defendant 0311:133

toilet-ting c imelfs 1:

     

533-103 - ~ 331>3 31355`3331.0333'
Committed 35 fbliows to witt
* - ’l"‘hat` 3315 detend3nt on or about 1433 25,1995 113 St. Frantis Ctmsity,

33311:333533, did 3333333 131 sexua§ ihtetmu=l:'se or deviate 3333:3! actith 331th 13551€3 133 H3rris by

 

13r3:113.13 compui`sio'n 11133'3133 committing the 01131353 01113333, Cia»:;s Y Fei'otty, agalhtt the peace ~

and tiigh1ty 31 the 51313. 31 At'ic-313533.
1133 pe:na[ity 133113331133333 01 ita;pe\, Class Y 1131033' is 1010 40 313313, or 1113 13 the
Ari§:331533 Depattmeht 31 Correttiohs, 33131131' any such 0.1;1333 3331331;11331 tit conditions 33 may

133 113313¢3§3£`1 1333 lawt

ith

$§'E»

/\‘
Lf;

 

 

 

1 Case: 5:12-cv-00222-J|\/||V'(f""'\DY Document #: 2-1 Date Fi|¢(?~"~f'\OG/lQ/ZOlZ Page 38 of 119

1333 a 33333 03'1":3133 33333:3&3“ she Sca®e. will 633‘3331'3'333 fesser inchde-d c)fffenses.

_33.333:33333 30330, 333
3330$3£33333~333 333303333 33
333353' 363)33:3333 3335'3‘33;3€3

33 ida33 3 3333 333-3333

GARY ].\. CHUSSON
DEPUTY SECUT|NG ATFORNEY

 

Subscribed 366 sworn m before me this ¢"Zli`¥;§ay of ]an333333'_1, 3996

/M 7`7§€¢(/

 

333 Comrmssmn Exp|res 33033333¥
§§p!lmber 133 2905

 

 

 

 

 

 

PROBABLE CAUSE H'EARENG ,

3_, the 3333633333§3336 33363¢:3:33 office:l'j, have 33336 a Probable Cause Heazr]ng 033 6335 date;
have reifewed the 3356333'33; attached to 333-3 w33h333 information 33336 upon sath 333333333333 and
0633:3 proof matters 366 331th before the Court, 60 hereby find that there 33 prcb.ab!e cause
to 6033333333 3he. 033333633333 3333313-:36'§ 331333:333, to be 33336 for 33333 cm the offense charged..

S:iic§ defendant 333:3[§|§ §be, 333 has been admitted 30 3333| 333 3he amount 333 $_{_3§.3._3;)£3
30 assure 3335/313333 apppaa“ahce 333 Court 3333 3~1333€33 Z§, 39935 33333;3 each date

 

 

<§»~)’

 

 

>

q

/ Ca_se: 5:12-cv-00222-JMM"""DY Document #: 2-1 Date Fi|c(>.~"" 06/19/2012 Page 36 of 119
l . .

l

m THE .c_mcurr collar or sr. rmwcls couNTY, ARJ<AN$A$

sure or ARKANSA$ ` PLA|NTIFF
vs. _
Br-;NN_!E mle our DEFENDANT

 

 

l, the undersigned law enforcement agem,- based on |n~fonmtlon and belief, and after 3

belng duly sworn, state than the following allegations are true and ctrrrec¢:
* On or above May 25, l995, Bennie David Guy went to the Harrls residence and
picked up l l year old ]e.ss|ca Lee Harrls to spend the night with h£ls chlldren`. Prlor to taking

the ]essl-ca_ to hls residence, Guy drove to ,the Shell La'ke Mole;l, where he rented a room,

 

raped the glrl and forced her co perform oral sex on hEm. Guy then perfomed oral sex on

-Q_>

}essice. The 'M~oa;eE records indlcered char Guy renced a motel room at She!l Lake ac the dme
indicated by ]essfca. Medlcal vest performed by the Memphls Rape Crlses Cen©er shows dual
}esslca was ra,ped, that there were fears to me vagina area and that sperm and halr samples
werel found on the vicdm_. An Alddavlc for Warranr of Arrest was signed and an A'rrac

Warrant was lssued.

 
   

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GLENN vR.»*!\.l"TSE‘l"

Subscribed and sworn w before me this m .[_ 2 z& day of ],a;nuary, 1996.

 

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