NO.

12-03-02579-CR T H E S T A T E OF T E X A S

Vs. JAMES ALAN JENKINS

IN T H E DISTRICT COURT

359TH JUDICIAL DISTRICT MONTGOMERY COUNTY, T E X A S

BYSTANDER'S B I L L OF E X C E P T I O N S ON B E H A L F OF DEFENDANT, JAMES ALAN JENKINS STATE OF TEXAS COUNTY OF MONTGOMERY

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ON THIS DAY personally appeared Adrian Heath, who under oath deposed and said: " I was called as a witness by the State and the Defense in the above-styled and numbered cause. When examined by counsel for the Defendant, the State objected a number of times and the court sustained the objections. I f I had been allowed to testify by the court, this is what I would have said in response to the questions propounded to me by counsel for the Defendant, James Alan Jenkins. " I learned that the RUD in this case at first claimed there were no voters in the district and then discovered two new voters that they claimed were a surprise. I found several longstanding registered voters in the district. I had read a story of 9 DEA agents voting from there office yet nobody prosecuted them. "The Secretary of State confirmed Texas residence law for voting purposes supported such a concept based explicitly on the Supreme Court case of Mills v Bartlett which contained the details of the Secretary of State's opinion I relied upon. Joe Kulhavy said the RUD election was an outlier that trampled decades of voter law in Texas. Joe Kulhavy thought so low of the RUD election contest court decision that he called the judge dirty. "The developer and the Woodlands Road Utility District came to my attention when I was researching state and local government debt. The WRUD was listed on the Texas Bond Review Board as responsible for more than $65 million in debt--yet we knew nothing about it. My first call went out to Township board member Tom Campbell. Tom allowed he did not know much about the WRUD and would like to know more and advised me to call Mike Page, of Schwartz, Page & Harding, L.L.P., who is also attorney for the Township and a host of other Woodlands entities. Calling Page's office I learned

from Julie Kime that the WRUD is a political subdivision of the State of Texas formed in 1991, there are five directors, and that three were up for election in the March election. I requested ballot applications as I immediately saw that the incumbents needed challengers. The qualification for the ballot are to be 18 years of age and a resident of the State of Texas. Next, I received a call from Mike Page himself, his message was along the lines of ~ you are more than welcome to apply for a place on the ballot, but Texas law is a peculiar thing. He went on to explain that even though the WRUD was required to post notices of an election each year and although there might be a contested election this time, there was not going to be an election at all because he asserted that there were zero residents in the district because years ago the developer had torn down the only two residences that once existed. Page said the WRUD was created because the county was imwilling to finance the roads in the Woodlands. I was furnished with a map of the district which covers all the commercial and retail areas in the Woodlands plus the slivers of main roads. Sorry, said Mike Page but we will just cancel the election. "Hearing that there is a government body without any taxpayer or voter supervision or accountability to anyone should bother anyone as it did me. Using Reagan's maxim: "Trust but Verify," I set out to see i f what I was told about no voters in the WRUD was true. My first instinct was that the store and lock businesses would have on site managers, one claimed it did not but the other, Metro Mini at 7373 Gosling, reportedly did have a site manager in the residence constructed there. Next the voter list for the Woodlands Township was obtained and I immediately found NINE registered voters, some dating back to 2006, listed in conmiercial and retail properties within the WRUD. Two were current business owners in the Panther Creek shopping center, two were listed in the United Way offices, one at Nexus Hospital, two in separate Residence Inn properties, one at 2203 Timberloch, and one at 10210 Grogans Mill Road. "By this time I had read a report on the Texas residence law and called to confirm the facts related to that with a assistant General Counsel for Texas Secretary of State Elections Division. They confirmed that Texas voter residence laws leave residence to the discretion of the voter. I said, I could change my address to the Residence Inn and then vote in the election. I'd like to see the look on their face i f that happened, they said. Still disbelieving Page's assertion of "NO Residents," I thought, surely, i f I do ask him again in an open records request he will then confirm voters exist. I was completely wrong. On March 9, Mike Page personally responded to my Texas Public Information Act request as follows ~ "Since there are no residents in the District, there is no document that is responsive to your request for a list enumerating any residents or voters whose registered address is inside the District." Then my attention shifted to the question of canceling the election. I contacted the Secretary of State's Elections Division again and they gave me the language to explain to Page why he could not cancel the election with valid candidates on the ballot.

"Then, on March 26, we got the biggest surprise. Mike Page told me in the beginning that there are no voters in the district, while he runs the show from his tower on Post Oak the board actually meets inside the "District". Where they meet is in the developer's office at the Woodlands Development Company which moved into the beautiful new high rise at 24 Waterway. That is the building that hosts Hudson and Hubbell on the North side and overlooks Plunder Fountain and the Plunder Taxis on the south side. The building has also been christened by its owner as the Black Forest Tower. The Big surprise was this: Mike Page found two additional residents, Dirk and Kate Laukien, who apparently own several office buildings in The Woodlands and who received specific deed restriction permission to construct and maintain a residence adjacent to one of their office buildings. "And what a surprise. The Laukiens are not your average commercial owners who happened to fall of a turnip truck and into the developers' and the WRUD's collective lap. They are high rollers who stand out among the Woodlands elite. They own Bruker Optics. A Forbes Magazine article estimates Laukien's personal net worth due to a recent IPO at more than two hundred million dollars. Dirk Laukien personally owns the string of commercial properties on Cresent Ridge Drive near the Hewitt campus. One of these buildings is the impressive and formidable compound that the Laukien's recently changed to their voting residence. Some of these buildings are tax abated. At the same site they operate Black forest ventures which manages $500 million in real estate investment funds, including some beautiful and high profile properties across the Woodlands. And yet they ran completely under Mike Page's radar until he discovered they were voters in the WRUD. They also own the building the WRUD meets in and are the only commercial owner to have special variance to place a residence in a commercial area. "Something the attorney for the WRUD can be forgiven for not knowing. The attorney for the Township may have known though. That's right, Mike Page is attorney for the Township too. I have nothing against the Laukien's, we need more like them. Dr. Dirk Laukien is obviously a brilliant and successful scientist and entrepreneur. I don't blame the WDC for doing contortions to please him. Rather, the story here is an unsupervised government entity that has paved over voters rights for years. It seems to have a silent and captive board that exists primarily for the benefit of the developer. In Texas, as in all states in the union, we are mandated to have a republican form of government. That means accountability to voters. This board has been ignoring voters rights and their obvious duty to determine at all times i f and when voters are present in their jurisdiction. "Voter apathy is at an all time high these days. Yet, while we still enjoy the rule of law under the constitution that restrains government and preserves individual freedom, including voters rights, no government can be allowed to trample voters rights or ignore or pretend voters are not present. I don't care i f the 24 voters in the district never vote, the point is the government, in this case the WRUD, has a duty to observe its responsibility to hold an election. 3

"As for the BOGUS charges of voter fraud 1 offer this from the Texas Secretary of State the definition of residence for the purpose of voter registration is well settled in Texas. As stated in the seminal case of Mills v. Bartlett, 311 S.W.2d 636, 637 (Tex. 1964), "[njeither bodily presence alone nor intention alone will suffice to create the residence, but when the two coincide at that moment the residence is fixed and determined. There is no specific length of time for the bodily presence to continue." "Further I will testify that Election Code 1.015 must be considered as a whole as interpreted by the Secretary of State of Texas alone who is statutorily authorized to interpret election law and that opinion GSC-1 applies to all voters in its entirety, therefore under the law there are no categories of voters or special residence rights for military, students or "snowbirds" or any other group." "Moreover, I would testify that I know that residence under the law is determined by the voter alone, according to his desire and common law principle as explained in opinion GSC-1 " " I would have testified that I know that one only must be a resident on the day he offers to vote." " I would have testified that I learned all this from the Secretary of State Elections Division, Joe Kulhavy and GSC-1 and still hold to it today and that Jim Jenkins originally heard and learned all that I have written here from me before the RUD election. The Affiant fiirther sayeth not.'

AdriaiiTKath Subscribed and Sworn to before me on thisc^ ^ day of June 2013 by Adrian Heath.

SanJuanitaCavazos
Conwnission Expires 06-29-2016

Notary Public, State of Texas