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1 REPORTER'S RECORD
2 VOLUME 2 OF _____ VOLUMES
3 TRIAL COURT CAUSE NO. MA-13-33817-N
4 THE STATE OF TEXAS ) IN THE COUNTY CRIMINAL
)
5 VS. ) COURT NUMBER 11 OF
)
6 LATOYA JANICE SCOTT ) DALLAS COUNTY, TEXAS
7
8 _____________________________________________
9 TRANSCRIPT OF PROCEEDINGS
10 PRETRIAL HEARING
11 _____________________________________________
12
13

14 On the 3rd day of September, 2014, the following
15 proceedings came on to be heard in the above-titled and
16 numbered cause before the Honorable Elizabeth D. Frizell,
17 Judge Presiding, held in Dallas, Dallas County, Texas.
18 Proceedings reported by computerized stenotype
19 machine.
20
21 VEARNEAS W. FAGGETT, TEXAS CSR #3129
22 Official Court Reporter
23 County Criminal Court No. 11
24 214.712.5078
25
2
1 A P P E A R A N C E S
2
MS. REBECCA "BECKY" DODDS
3 SBOT NO. 24040816
MR. JASON HERMUS
4 SBOT NO. 24036762
Assistant District Attorneys
5 CRAIG WATKINS
CRIMINAL DISTRICT ATTORNEY OF DALLAS COUNTY
6 133 North Riverfront Boulevard
Dallas, Texas 75207
7 Telephone: 214.653.3600
Attorneys for State of Texas
8

9 MR. LOREN COLLINS
SBOT NO. 24077823
10 MR. DIETRICH KNABE
SBOT NO. 24070066
11 DALLAS COUNTY PUBLIC DEFENDER'S OFFICE
133 N. Riverfront Boulevard, 9th Floor
12 Dallas, Texas 75207
Telephone: 214.653.3500
13 Attorneys for Defendant
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1 I N D E X
2 SEPTEMBER 3, 2014 PAGE
3 Proceedings ................................... 5
4 Reporter's Certificate ........................ 13
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7 _________________________________________________________
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10 E X H I B I T I N D E X
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12 (No Exhibits were offered or admitted in this volume)
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1 P R O C E E D I N G S
2 (September 3, 2014)
3 THE COURT: For the record, this is Cause
4 Number MA-133817, the State of Texas versus Latoya Scott.
5 For the record, State's attorney is present in the
6 courtroom, Ms. Rebecca Dodds. Defense attorney is
7 present in the courtroom and Defendant is present in the
8 courtroom.
9 Yesterday we did call a jury up on this case,
10 and I believe there's a jury in the hallway at this time.
11 Mr. Jones, do you know if the jury is in the
12 hallway?
13 THE BAILIFF: I don't know if all of them
14 are present, but I will go check to make sure.
15 THE COURT: Okay. And we put that on hold
16 and kind of held it over to today. I know Ms. Dodds was
17 not present yesterday. She indicated she had a doctor's
18 appointment on yesterday. I wasn't informed of that. I
19 didn't know about that until this morning. Ms. Dodds let
20 me know that this morning.
21 But it's my understanding that you will be the
22 lead counsel on the Latoya Scott case moving forward. Is
23 that correct?
24 MS. DODDS: Your Honor, I'm not going to
25 participate in any proceedings on the case. If you have
5
1 a question --
2 THE COURT: I'm just trying to find out --
3 MS. DODDS: Can I finish my --
4 THE COURT: No, you can't. I need to know
5 who the lead attorney is on the case.
6 MS. DODDS: There is no lead attorney on
7 the case. The case has been disposed.
8 THE COURT: Okay. But there's still an
9 attorney from the DA's office assigned to it.
10 MS. DODDS: No, ma'am, that's not right.
11 Once it gets disposed, there is no attorney assigned to
12 the case.
13 THE COURT: Okay. So who was on the case
14 from the State?
15 MS. DODDS: The District Attorney's office
16 represents lots of --
17 THE COURT: Okay. There's not a
18 lead attorney -- you're saying there was never a lead
19 attorney on this case. Is that what you are telling me?
20 MS. DODDS: I believe, before the case was
21 disposed of, one of the District Attorney's handled the
22 case. Is that what you are asking, who it is?
23 THE COURT: The case is not disposed of.
24 MS. DODDS: And I think that's where the
25 internal -- where the difference is. I'm not
6
1 representing the State because we can't be
2 representing --
3 THE COURT: Where is your file on this
4 case, Ms. Dodds?
5 MS. DODDS: I don't have it with me,
6 Judge.
7 THE COURT: Okay. Will you turn over the
8 evidence to the Defense that has to do with the trial of
9 this case? Whether it is exculpatory, whether it's other
10 evidence, I need that to be turned over to the Defense.
11 Will you turn that evidence over to the Defense?
12 MS. DODDS: Your Honor, I don't have any
13 evidence to turn over to the Defense in this case,
14 because the case has been disposed of. He's not entitled
15 to evidence in a case that's been disposed of.
16 THE COURT: You just told me you had your
17 file yesterday.
18 MS. DODDS: I'm not suggesting to you that
19 we don't have the file. I don't have it with me.
20 THE COURT: Okay. Well, do you have the
21 file? Do you have it within your possession?
22 MS. DODDS: Not right now.
23 THE COURT: Okay. Care, custody, and
24 control is possession. Do you have it within your
25 possession?
7
1 MS. DODDS: I don't have the file on me,
2 Your Honor.
3 THE COURT: So did you intentionally not
4 bring it to court?
5 MS. DODDS: I did not intentionally not
6 bring it to court.
7 THE COURT: Okay. Well, I'm ordering you
8 to get the file and turn over the evidence to the
9 Defense. Can you do that?
10 MS. DODDS: (Shrugs shoulders). We'll
11 see, Your Honor.
12 THE COURT: Is that a yes or a no?
13 MS. DODDS: I'll try to find the file.
14 THE COURT: Okay. You're saying find it.
15 You told me David Alex had it yesterday. Does he have it
16 or do you have it?
17 MS. DODDS: I don't know, Your Honor.
18 THE COURT: Within whose possession is
19 it?
20 MS. DODDS: I don't know.
21 THE COURT: Okay. It sounds like you are
22 saying you are not refusing to turn over the evidence
23 that is required to be turned over to the Defense for the
24 defense in a trial of this case. Is that right?
25 MS. DODDS: I'm not capable of turning
8
1 over any evidence to this attorney --
2 THE COURT: Okay. But are you refusing --
3 MS. DODDS: -- who is not assigned to this
4 case by law.
5 THE COURT: Are you refusing to turn over
6 evidence to the Defense that's exculpatory, Brady
7 evidence, as well as other evidence to the Defense in
8 this case?
9 MS. DODDS: Your Honor, the evidence has
10 been turned over to the attorney in this case, was turned
11 over already.
12 THE COURT: What was turned over?
13 MS. DODDS: I assume the paperwork that's
14 always turned over before a plea is turned over to the
15 Defense attorney in this case.
16 THE COURT: Okay. What was turned over?
17 MS. DODDS: I don't know, Your Honor. I
18 don't have the file.
19 THE COURT: You just said it was turned
20 over and now you're saying you don't know.
21 MS. DODDS: I said I assume. I assumed it
22 was turned over to the attorney before he pled the case.
23 THE COURT: Okay. The case has not been
24 pled. Maybe you thought it had been but it has not.
25 MS. DODDS: I think a lot of people
9
1 thought it had been, Judge.
2 THE COURT: So, since the Defense
3 attorney -- no, you're the only one in this room that is
4 thinking that. It has not been pled. You're treating it
5 as if it has. Why? I don't know. Because I've made it
6 abundantly clear that this case has not been pled. So,
7 if you were not clear before, you are clear now. And you
8 still refuse to turn over the information to the Defense.
9 Since we're making assumptions, let's just clarify.
10 Defense attorney is present in the courtroom.
11 And, Mr. Collins, have you received any Discovery in this
12 case?
13 MR. COLLINS: I haven't, Judge, but we are
14 ready to proceed to trial without the Discovery. We are
15 ready today. We don't need Discovery at this time.
16 THE COURT: Okay. Well, it's my
17 understanding that there were photos in this case,
18 Ms. Dodds. Is that correct?
19 MS. DODDS: I don't know, Your Honor. I
20 don't have the file with me.
21 THE COURT: Well, that's what was
22 represented to me by the State, that there are photos in
23 this case. Is that true?
24 MS. DODDS: I don't have the file in front
25 of me, Judge.
10
1 THE COURT: Okay. And it was represented
2 to me that there's a 9-1-1 tape in this case. Is that
3 true?
4 MS. DODDS: Don't know.
5 THE COURT: Okay. And the 9-1-1 tape and
6 the photos have not been turned over to the Defense,
7 Mr. Loren Collins. Is that correct?
8 MS. DODDS: Mr. Collins is not the Defense
9 attorney in this case.
10 THE COURT: Okay. That is not true.
11 MS. DODDS: It is true, Your Honor.
12 THE COURT: Okay. So you just don't want
13 to turn over the evidence. If some --
14 MS. DODDS: Your Honor, that's a
15 misrepresentation of what I just --
16 THE COURT: Then turn it over.
17 MS. DODDS: What I just said to you --
18 THE COURT: Then turn it over.
19 MS. DODDS: I don't have legal authority
20 to turn it over. I can't turn over evidence to somebody
21 who's not legally assigned to a case.
22 THE COURT: Your case was set for trial
23 yesterday.
24 MS. DODDS: No, ma'am. This case was pled
25 on April 21st.
11
1 THE COURT: Your case was set for trial
2 yesterday, and you are refusing --
3 MS. DODDS: -- that's not true, Your
4 Honor.
5 THE COURT: -- to follow a court order --
6 MS. DODDS: -- I'm not refusing anything.
7 THE COURT: -- to turn over the evidence.
8 The jury is in the hallway right now. We had to wait all
9 afternoon for you, and you never returned and never had
10 the courtesy of telling us you had a doctor's appointment
11 until this morning.
12 MS. DODDS: I did tell you that I wasn't
13 going to participate in a pretrial --
14 THE COURT: Okay --
15 MS. DODDS: -- or any trial involved in
16 this case --
17 THE COURT: -- and I ordered you to be
18 here --
19 MS. DODDS: -- this case has already been
20 disposed of.
21 THE COURT: -- you did not show up.
22 MS. DODDS: I don't have legal authority
23 to represent the State of Texas.
24 THE COURT: You walked out of this
25 courtroom when the jury was in the hallway about to come
12
1 in for jury selection.
2 MS. DODDS: After I told you I wouldn't
3 participate in a jury trial.
4 THE COURT: Okay. Isn't there a legal
5 remedy if you disagree with the Court on some legal
6 issue? Isn't there a legal remedy for that?
7 MS. DODDS: I've been waiting for a legal
8 remedy.
9 THE COURT: Okay. Isn't there a legal
10 remedy for that?
11 MS. DODDS: Yes, there is a legal remedy
12 for Ms. Scott. She can file a writ.
13 THE COURT: No, I mean for the State.
14 MS. DODDS: She can file a Motion for New
15 Trial --
16 THE COURT: -- for the State. Isn't there
17 a legal remedy for the State if you disagree with my --
18 MS. DODDS: No, ma'am.
19 THE COURT: -- with my proceeding legally
20 on this case?
21 MS. DODDS: No, ma'am. I don't have any
22 legal authority over this case once it's been disposed.
23 THE COURT: Well, one thing I do know, one
24 remedy is not disregarding a Court's order to turn over
25 exculpatory evidence.
13
1 MS. DODDS: I'm not doing that, Your
2 Honor.
3 THE COURT: One remedy is not to walk out
4 of a proceeding when a jury is about to come in for jury
5 selection. One remedy is not to tell me back in chambers
6 we will proceed to trial and appeal it later if we so
7 choose if there's a valid, legal reason --
8 MS. DODDS: -- nobody represented to you
9 --
10 THE COURT: -- and then get out in the
11 courtroom --
12 MS. DODDS: -- that we would be trying or
13 appealing this case.
14 THE COURT: -- and do something exactly
15 different.
16 MS. DODDS: Nobody did that.
17 THE COURT: You can continue to try to
18 talk over me, but I know what was represented to me. The
19 State of Texas, the Dallas County District Attorney's
20 office, represented to me they were going to try this
21 case. If this case --
22 MS. DODDS: That is untrue, Your Honor.
23 THE COURT: -- is going to be tried, then
24 the State is required by law to turn over any exculpatory
25 evidence, Brady material, to the Defense, which the State
14
1 has not done. And I am ordering you as the lead attorney
2 on this case to turn over that evidence to the State and
3 to proceed to trial on this case.
4 MS. DODDS: I can't do it, Your Honor.
5 THE COURT: Your direct supervisor ordered
6 you to try this case; isn't that correct?
7 MS. DODDS: That's incorrect. She's not
8 my direct supervisor.
9 THE COURT: Okay. How has the District
10 Attorney's office advised you to proceed on this case?
11 MS. DODDS: Exactly what I did yesterday.
12 THE COURT: And who has told you to do
13 that?
14 MS. DODDS: That is not your business,
15 Your Honor.
16 THE COURT: Who has told you to do that?
17 MS. DODDS: That is not your business.
18 THE COURT: Because I have been instructed
19 that the District Attorney's office has not advised you
20 to do this. In fact, Ms. Tammy Kemp was right there in
21 my office along with you, along with Defense counsel and
22 indicated they had every indication of moving forward to
23 trial with this case and they would not waive their right
24 to appeal at a later time. That's what was represented
25 to me.
15
1 It's my understanding Ms. Kemp is your
2 supervisor. Is that correct?
3 MS. DODDS: That's not correct.
4 THE COURT: Okay. Are you Ms. Kemp's
5 supervisor?
6 MS. DODDS: No, ma'am.
7 THE COURT: Okay. Who's your supervisor?
8 MS. DODDS: David Alex.
9 THE COURT: Okay. And is David Alex
10 advising you not to proceed to trial on this case?
11 MS. DODDS: That's not your business, Your
12 Honor.
13 THE COURT: Is David Alex telling you not
14 to proceed to trial on this case?
15 MS. DODDS: I don't have to answer that
16 question.
17 THE COURT: Okay. I want an answer to my
18 question. Is Mr. Alex your supervisor --
19 MS. DODDS: Yes.
20 THE COURT: -- advising you not to proceed
21 to trial on this case?
22 MS. DODDS: Mr. Alex is in trial right
23 now.
24 THE COURT: And is Mr. Alex advising you
25 not to turn over evidence to the Defense that's critical
16
1 to defense and trial of this case?
2 MS. DODDS: No, ma'am, he's not advising
3 me to do that.
4 THE COURT: Who's advising you in the DA's
5 office to do that?
6 MS. DODDS: That's not your business.
7 THE COURT: Okay. No, I want an answer to
8 my question.
9 MS. DODDS: I'm sorry. I don't have to
10 answer --
11 THE COURT: -- who's advising you --
12 MS. DODDS: -- your question, Your Honor.
13 THE COURT: Okay. So you are not free to
14 leave the courtroom --
15 MS. DODDS: This is work product. I don't
16 have to give the --
17 THE COURT: I didn't ask you what you
18 discussed. I said who was saying it so I can bring that
19 person down so I can get a clear understanding. That's
20 not what the District Attorney's office represented to
21 me. They represented to me that the State was proceeding
22 to trial. So you are not free to leave this courtroom
23 until further order of the Court.
24 MS. DODDS: Am I being held in contempt,
25 Your Honor?
17
1 THE COURT: I said you're not free to
2 leave the courtroom until further order of the Court.
3 MS. DODDS: Judge, I don't have to stay in
4 this courtroom. It's not -- I'm not violating any order.
5 I'm not in any trial. If you are holding me in contempt,
6 I'll stay. If not --
7 THE COURT: I very well know how to say
8 you are being held in contempt if that's what I intend to
9 do.
10 MS. DODDS: Okay. I'm telling -- I'm
11 leaving the courtroom, Judge.
12 THE COURT: I need you to not leave the
13 courtroom right now --
14 MS. DODDS: -- I'm leaving the courtroom.
15 THE COURT: -- because -- I don't think
16 you should do that. I've given you a direct order not to
17 leave the courtroom until further order of the Court.
18 What I am going to do at this point, since I've gotten a
19 different representation from Ms. Kemp, who is above you
20 within the District Attorney's office --
21 MS. DODDS: -- that's not true, Your
22 Honor. She's not above me in the District Attorney's
23 office.
24 THE COURT: Who's above you? Mr. Alex?
25 MS. DODDS: Yes.
18
1 THE COURT: Okay. So I need to have a
2 conversation --
3 MS. DODDS: He's in trial.
4 THE COURT: -- with Mr. Alex so that I can
5 find out if their representations to me have changed.
6 MS. DODDS: I can't even --
7 THE COURT: -- maybe if we can get both of
8 you in the courtroom, maybe we can get to the bottom of
9 what the official position of the District Attorney's
10 office is. That's why I'm asking you not to leave the
11 courtroom. When you all are together, I get one
12 response. When one person is here, another person is
13 here, I get a different response. So I never can get all
14 the District Attorneys -- Assistant District Attorneys on
15 the same page --
16 MS. DODDS: Judge, I've asked you on a
17 couple of occasions to get on the record so we can have
18 something --
19 THE COURT: -- so I'm asking you not to
20 leave the courtroom. That's all.
21 MS. DODDS: Oh, how convenient. She's
22 leaving the courtroom.
23 (Judge exits the courtroom)
24 (Recess taken)
25 (Judge re-enters the courtroom)
19
1 THE COURT: Okay. We are back on the
2 record in State of Texas versus Latoya Scott. I just
3 left the courtroom, and I'm not sure if there was any
4 conversation during the time I was gone from the
5 courtroom; but I considered us off the record the moment
6 I left the courtroom. I'm not sure what was said or what
7 occurred while I was gone, if something was said or
8 occurred while I was gone, but we were off the record.
9 But before we went off the record, I wanted to
10 be clear on what the State's official position is on the
11 Latoya Scott case. It's my understanding that Ms. Dodds
12 is the contact person as to whether or not to proceed.
13 It's her position she does not want to proceed and will
14 not proceed on this case, and she's stated her reasons
15 for doing that.
16 I have heard different representations from
17 other attorneys and perhaps that was an earlier
18 representation and they've talked since then and they're
19 in a different position now which is what Ms. Dodds is
20 representing to me and that may be the case, but I would
21 like to hear representations from the people that I heard
22 it from before, which is Ms. Kemp, and I don't believe
23 that was on the record. So I would like to on the record
24 find out if she's changed her position.
25 I know you said she's not above you, which I
20
1 did not know that. It sounds like you are above her. Is
2 that right?
3 MS. DODDS: No, we're the same level
4 within the District Attorney's office, Judge.
5 THE COURT: You all are the same level?
6 MS. DODDS: The same.
7 THE COURT: Okay. So, if you all disagree
8 on --
9 MS. DODDS: We don't disagree.
10 THE COURT: And she may say that. She may
11 say that. But I'm saying if you all do disagree, who
12 resolves the disagreement as to how the State will
13 proceed within your office --
14 MS. DODDS: We'll take care of that
15 internally and send you one person, Judge.
16 THE COURT: And that's what I thought you
17 all were doing before but each time I hear something
18 different --
19 MS. DODDS: -- I'm here now. I'm the one
20 that's been assigned to represent the State in this case.
21 You can call Ms. Kemp if you want to, but I've been the
22 one that was sent down to represent the State on this
23 case which is what I did yesterday.
24 THE COURT: And you are saying what you
25 are stating to me as far as the State's position being
21
1 that this case does not need to move forward? The State
2 is not going to proceed in any way, pretrial, trial, or
3 otherwise, on this case that's Ms. Kemp's position also?
4 MS. DODDS: I'm representing the State of
5 Texas.
6 THE COURT: That wasn't my question.
7 MS. DODDS: Right. I don't want to speak
8 for Ms. Kemp.
9 THE COURT: Well, I mean I'm assuming you
10 talked to her.
11 MS. DODDS: I can get her here if you
12 would like to hear from her, but I'm representing myself
13 and the State of Texas in this office, which is the
14 District Attorney's office. But if you feel like you
15 need to talk to another DA, then that's your prerogative,
16 Judge.
17 THE COURT: I mean I'll take your word for
18 it. I'm saying is your word that you and Ms. Kemp are on
19 the same page? You have the same position that the State
20 should not proceed in any way on the Latoya Scott case,
21 not voir dire, not pretrial? Is that your understanding
22 of Ms. Kemp's position?
23 MS. DODDS: Your Honor, we are one and the
24 same much like the Public Defender's office works. If
25 one person represents it to a court, then we are all
22
1 representing it to the Court. It doesn't matter who it
2 is in the courtroom. But, like I said, if you would like
3 to speak to Ms. Kemp, I'm more than happy to get her down
4 here for you. I'm representing the State of Texas today,
5 and representing the same thing I did yesterday which is
6 we don't want to go forward on a case that we believe has
7 already been disposed of.
8 THE COURT: Ms. Kemp said try the case.
9 She told me that personally yesterday. It was in your
10 presence and the Defense Attorney's presence. She told
11 me that personally yesterday in your presence and the
12 Defense Attorney's present.
13 Are you saying it's your understanding that is
14 no longer Ms. Kemp's position, that we should go forward
15 and try this case?
16 MS. DODDS: I'm not suggesting to you what
17 Ms. Kemp's position is. I'm suggesting to you what I
18 have been saying from the get-go, which is I'm
19 representing the State of Texas in this case and that we
20 are not prepared to go forward on a case where we believe
21 the case has already been disposed of because we don't
22 believe we have legal authority.
23 THE COURT: Okay. That's Ms. Kemp's
24 position?
25 MS. DODDS: That's the District Attorney's
23
1 office's position.
2 THE COURT: Is that David Alex's position?
3 MS. DODDS: Your Honor, these are
4 semantics. I represent the District Attorney's office --
5 THE COURT: I need a yes or no. Is that
6 David Alex's position?
7 MS. DODDS: I'm sorry I can't answer --
8 THE COURT: -- well, the reason I said
9 that is because you said Mr. Alex is over you and
10 Ms. Kemp is not. You're equal. So, if Mr. Alex is over
11 you, I would assume if that's your position, that's also
12 his position. Right?
13 MS. DODDS: Your Honor, you can --
14 THE COURT: -- or if you don't know, it's
15 fine to say you don't know.
16 MS. DODDS: I'm sorry. I can go get --
17 actually, Mr. Alex is in trial. I'm not sure I can
18 provide him for you right now.
19 THE COURT: That didn't answer my
20 question. Is that Mr. Alex's position?
21 MS. DODDS: I don't know, Your Honor.
22 THE COURT: You don't know?
23 MS. DODDS: I haven't spoken to him today.
24 THE COURT: Is that Mr. Harris' position?
25 MS. DODDS: Your Honor, if you would like
24
1 to know -- I don't want to speak for Mr. Harris.
2 THE COURT: I mean, if your answer is you
3 don't know, that's fine. I'm just trying to see how far
4 up does this go as far as what position the State is
5 going to take on this.
6 MS. DODDS: I am the State. It goes right
7 here.
8 THE COURT: Have you talked to Heath
9 Harris about this case?
10 MS. DODDS: It goes right here, Your
11 Honor.
12 THE COURT: Have you talked to Heath
13 Harris about this case?
14 MS. DODDS: I'm sorry, Your Honor. That's
15 just not your business.
16 THE COURT: Actually, it is. You don't
17 have to tell me what you discussed --
18 MS. DODDS: -- you can call Mr. Harris if
19 you would like to.
20 THE COURT: And I don't need your
21 permission to do that. I already know that. I'm trying
22 to see if you have discussed this case, and it's a yes or
23 no. You don't have to tell me what you discussed. Did
24 you talk to Mr. Heath Harris regarding the Latoya Scott
25 case?
25
1 MS. DODDS: I'm not going to answer that
2 question.
3 THE COURT: Did you talk to Craig Watkins
4 about the Latoya Scott case?
5 MS. DODDS: I'm not going to answer that
6 question.
7 THE COURT: Okay. So are you representing
8 that the position that you are taking today is Mr. Craig
9 Watkins' position on how you should proceed with this
10 case?
11 MS. DODDS: Mr. Craig Watkins represents
12 the District Attorney's office.
13 THE COURT: I need a yes or a no.
14 MS. DODDS: I'm representing what I am
15 representing today.
16 THE COURT: I need a yes or a no.
17 MS. DODDS: I don't know. You're going to
18 have to ask Mr. Watkins.
19 THE COURT: So you haven't spoken to him
20 about the case?
21 MS. DODDS: That's not your business.
22 THE COURT: Okay. You just said you don't
23 know.
24 MS. DODDS: I didn't say I don't know.
25 THE COURT: Okay. So is this Mr. Watkins'
26
1 position on this case --
2 MS. DODDS: If you want to hear from
3 Mr. Watkins, you can call Mr. Watkins --
4 THE COURT: And I don't need your
5 permission to do that. I already know that. I'm asking
6 you your position.
7 MS. DODDS: I told you my position a
8 couple of times.
9 THE COURT: I don't want you to
10 misrepresent to me that you are representing the State of
11 Texas, and then I have somebody else come in that's
12 higher up than you and say that's not our position.
13 Because Ms. Kemp already told me to proceed. That the
14 State's position was to proceed to trial on this case,
15 and we will not waive any appellate remedies. Any
16 remedies we have, we'll file an appeal if we think it's
17 an appropriate legal remedy to do so. That's the last
18 thing that she represented. Now she may have changed her
19 mind.
20 MS. DODDS: I was in that meeting, and
21 Ms. Kemp did not represent that to you, Your Honor.
22 THE COURT: Yes, she did. She said we're
23 going to try this case, and she even indicated to me that
24 she may try another case, if that's appropriate, if the
25 facts bear that out.
27
1 MS. DODDS: I think she said she would
2 file another case if it was appropriate.
3 THE COURT: She said that she was going to
4 proceed to trial in this case. You're saying that's not
5 true?
6 MS. DODDS: I don't believe that's what
7 she was trying to get at, Your Honor.
8 THE COURT: Okay. She said directly --
9 the Public Defender was there. Is that what she said in
10 that meeting?
11 MR. JORDAN: That's exactly what she said,
12 Your Honor.
13 MS. DODDS: She's not here now. I'm here
14 representing the State, and I'm telling you we're not
15 going forward on it.
16 MR. COLLINS: Judge, if I may,
17 additionally she indicated that if we refused to take her
18 -- the legal act of filing an out of time Motion for New
19 Trial, she would likely in response file another case
20 against Ms. Scott. That's what I heard. And she did
21 also indicate, like you said, that she's ready to proceed
22 to trial on this case. All parties were represented.
23 MS. DODDS: That's not true. I'm not
24 going to let that be heard on the record. Ms. Kemp
25 didn't know if we had all of our witnesses present. She
28
1 couldn't have made that representation. In fact, when we
2 left the Judge's office, we said we were going to go try
3 to find our witnesses and make sure they were all here --
4 THE COURT: Actually, that's not true --
5 MS. DODDS: -- and that's what we did.
6 THE COURT: -- you had already subpoenaed
7 your witnesses at that point. Is that true, Ms. Dodds?
8 MS. DODDS: I don't know, Your Honor.
9 THE COURT: Well, the subpoena says it's
10 true.
11 MS. DODDS: Okay. Well, you have the
12 subpoena in front of you.
13 THE COURT: Okay. So is it true you had
14 already subpoenaed your witnesses at that --
15 MS. DODDS: I don't know.
16 THE COURT: -- point when we had that
17 conversation?
18 MS. DODDS: I don't know. You have the
19 subpoena in front of you.
20 THE COURT: You didn't issue the subpoena?
21 MS. DODDS: I didn't issue the subpoena.
22 THE COURT: Who issued the --
23 MR. COLLINS: I thought if one DA spoke,
24 it was all for one, the Three Musketeers --
25 MS. DODDS: If it's in there, then we did.
29
1 MR. COLLINS: Okay.
2 THE COURT: Okay. So who issued it for
3 the State? You have to request it. Somebody has to
4 request it for the State, right?
5 MS. DODDS: Can I see the subpoena, Judge?
6 I can tell you.
7 THE COURT: It's in the court file. We
8 showed it to you yesterday, but we can show it to you
9 again.
10 MS. DODDS: I was never showed a subpoena
11 yesterday.
12 THE COURT: Okay. So you didn't issue the
13 subpoenas --
14 MS. DODDS: I don't know. Lots of people
15 issue on my behalf, Judge, so it's very likely that my
16 name is on there.
17 THE COURT: Okay. So you're not the only
18 prosecutor working on this case?
19 MS. DODDS: Well, there's investigators
20 that work in our office also.
21 THE COURT: Okay. And you're thinking
22 perhaps an investigator issued it?
23 MS. DODDS: Perhaps. I don't know, Judge.
24 THE COURT: Without your knowledge?
25 MS. DODDS: Well, Judge, they -- we issue
30
1 subpoenas all the time.
2 THE COURT: But they would only do it at
3 the attorney's direction. Here's a copy if you need to
4 see it (tendering).
5 MS. DODDS: Okay. It says Lauren Haggerty
6 on here.
7 THE COURT: Okay. She did not do that at
8 your direction?
9 MS. DODDS: No.
10 THE COURT: Okay. She's an Assistant
11 District Attorney?
12 MS. DODDS: She's an Assistant District
13 Attorney.
14 THE COURT: Assigned to this court?
15 MS. DODDS: Yes, ma'am.
16 MR. COLLINS: Trial level Assistant
17 District Attorney.
18 THE COURT: Well, I know. She's tried
19 cases in this court just last week.
20 MS. DODDS: Sure.
21 THE COURT: So I mean I'm assuming you all
22 are coordinating, right?
23 MS. DODDS: I have talked to Lauren about
24 certain things in this case, Your Honor, but I didn't
25 issue that subpoena. To answer your question, Lauren
31
1 Haggerty did.
2 THE COURT: Were you aware that you had
3 witnesses here yesterday on this case?
4 MS. DODDS: I spoke to complainants
5 yesterday --
6 THE COURT: Okay.
7 MS. DODDS: But I did not subpoena them
8 down here for the intention of going to trial and I -- I
9 never did.
10 THE COURT: So why were they subpoenaed
11 down here?
12 MR. COLLINS: On the trial date.
13 THE COURT: They were subpoenaed by the
14 State, right?
15 MS. DODDS: Yes, they were.
16 THE COURT: Why were they subpoenaed for
17 trial which was yesterday and they were here on
18 yesterday? Why were they subpoenaed by the State --
19 MS. DODDS: Judge, you set the case for
20 trial.
21 MR. COLLINS: I set it for trial.
22 MS. DODDS: Okay, I'm sorry. You and the
23 Public Defender set the case for trial. The court
24 prosecutors were assigned to this case, see a docket, and
25 they work it up so they are prepared for trial. So, if
32
1 that's what happened in this case, then that's why you
2 are seeing subpoenas in the file because they are to be
3 ready for all cases that you set on the jury trial
4 docket. I didn't agree to a jury trial in this case, and
5 I don't think anybody in the District Attorney's office
6 did. In fact, we don't get to sign pass slips that set
7 trials in this case --
8 THE COURT: That's not true.
9 MS. DODDS: The Judge sets trials in the
10 court.
11 THE COURT: You do get to sign pass slips.
12 MS. DODDS: Okay. I didn't set the
13 trial --
14 THE COURT: I am sure that the District
15 Attorney as well as the Defense Attorney always signs all
16 the trial settings, signs the pass slip, on all the trial
17 settings so that I know both sides know about the trial
18 date and can prepare for the trial date.
19 MS. DODDS: Okay. I've never seen a pass
20 slip in this case, and I represented to Mr. Collins early
21 on that I would be handling this case, if he wanted to
22 talk to me about the case. Because from the get-go, I
23 had represented to him that I believe the case had been
24 pled already. So I never signed any --
25 THE COURT: If one side represented to you
33
1 that I refused to accept the plea, wouldn't it be
2 appropriate for you to at least approach about whether or
3 not you are going to bring the jury in rather than just
4 not come back yesterday?
5 MS. DODDS: Judge, we've already discussed
6 this. I didn't mean disrespect to the Court. I thought
7 I was very clear on the record that I wouldn't be
8 proceeding for the trial, and I've already apologized to
9 the Court for that.
10 THE COURT: So you won't do that anymore
11 throughout this trial? You won't just leave?
12 MS. DODDS: I'm not going to participate
13 in a jury trial.
14 THE COURT: Okay. But I'm asking you.
15 You're not going --
16 MS. DODDS: If you would like for me to
17 stay in the courtroom, Judge, I can stay in the courtroom
18 if you would like me to. I don't mean to be --
19 THE COURT: Okay. Because to me, if you
20 apologized for leaving, that's means you're not going to
21 just keep doing it again in the same case.
22 MS. DODDS: I'm sorry you have that
23 interpretation.
24 THE COURT: No, I'm asking you. You're
25 not going to leave again until this case is over?
34
1 MS. DODDS: Judge, if you're asking me to
2 stay in your courtroom, I will certainly respect the
3 request of the Court. I won't leave --
4 THE COURT: Okay. Well, you didn't
5 yesterday. I asked you to stay yesterday, and you were
6 going out and I was like, wait, come back, we're not
7 finished and you kept leaving. So I just want to make
8 sure --
9 MS. DODDS: I didn't hear you say that,
10 Judge. If I would have heard you say that, I would have
11 been back in here.
12 THE COURT: Okay. I just want to make
13 sure we don't have a repeat of that from yesterday.
14 MS. DODDS: Well, Judge, I don't have any
15 intention of trying this case. I still don't have any
16 intentions of trying this case. And so if you would like
17 for me --
18 THE COURT: That's all for the record.
19 Let's bring in the jury.
20 I am ordering you not to leave this courtroom,
21 Ms. Dodds.
22 MS. DODDS: I'm not leaving. I'm not
23 leaving.
24 THE COURT: Okay. Well, I see you
25 gathering your stuff. When you did that yesterday, you
35
1 were gone.
2 MS. DODDS: Okay. I will be sitting right
3 here.
4 THE COURT: I need you to have a seat here
5 at the counsel table, Ms. Dodds.
6 MS. DODDS: I'm not -- I'm not going --
7 sorry, Judge, I'm not going to participate in a jury
8 trial.
9 THE COURT: I need you to have a seat at
10 the counsel table here, Ms. Dodds.
11 MS. KEMP: Judge --
12 MS. DODDS: Judge --
13 MS. KEMP: No, I just asked her to go in
14 the workroom. I ask just to talk to you for just one
15 second.
16 THE COURT: She's not free to leave the
17 courtroom.
18 MS. KEMP: I understand.
19 THE COURT: I will definitely talk with
20 you about it.
21 I'm going to go back here and talk with
22 Ms. Kemp, and you can bring in the jury and have them be
23 seated. Okay.
24 (Jury panel seated)
25 THE COURT: Good morning.
36
1 THE PANEL: Good morning.
2 THE COURT: How is everybody doing? Back
3 for another day. I know you guys are excited, really
4 excited, about being back here for a second day. And I'm
5 sorry I had to bring you all back here again. The
6 attorneys are actually back there talking. I know you
7 don't see prosecutors here at this table, but I do have
8 two prosecutors that are sitting right here and as well
9 as the Defense lawyers are here, the Defendant is here,
10 and there are other prosecutors as well as Defense
11 lawyers that are also discussing this case right now so
12 that you all will know how we are going to proceed or
13 whether or not the State is going to proceed.
14 Right now those conversations are still
15 ongoing. It hasn't been completed. I just brought you
16 in here to let you know that they are discussing the
17 matter, and, you know, there's some legal issues that
18 they are discussing. And so as soon as we can get you
19 more information, we will do that. I believe it's the
20 State's position that they are not proceeding on this
21 case. It's the Defense's position that they do want a
22 trial and want six of you to hear their case. Don't know
23 what the resolution of that is going to be right now.
24 So what I'm going to do is ask you all to step
25 back into the hallway for just a moment. And if we do
37
1 need you to hear this case, we will let you know. If you
2 are going to be excused, we will let you know. I don't
3 have a problem if you step out take a coffee break, soda
4 break and then come back for ten or fifteen minutes. He
5 said smoke break. That's fine.
6 And then as soon as we can get you some more
7 information -- sometimes it's a little easier at least if
8 you have some idea why you are waiting out there for so
9 long. So as soon as we find out whether or not we are
10 proceeding with this case, then I will let you know. And
11 the bailiff will come out and give you some additional
12 instructions. Okay. Thank you very much.
13 (Jury Panel exits the courtroom)
14 THE COURT: We're on the record in State
15 of Texas versus Latoya Scott. Ms. Dodds, you need to
16 leave to go handle other court business. You won't be
17 able to take care of the Latoya Scott case right now?
18 You mentioned you had a motion to put on the record. Do
19 you need to take care of other business right now?
20 MS. DODDS: Judge, I'm ready to handle
21 whatever business you need me to handle.
22 THE COURT: Okay. Well, you just
23 mentioned you have some other cases that you need to take
24 care of. Do you need to go take care of that now?
25 MS. DODDS: No, Judge. I can handle this
38
1 case right now.
2 THE COURT: Okay. Good. Let's go off the
3 record.
4 (Recess taken)
5 THE COURT: We are on the record in State
6 of Texas versus Latoya Scott. And I have just been
7 handed a Motion by the State that says Motion for
8 Abatement of Contempt Proceedings.
9 There's not a contempt proceeding at this
10 point. So I am wondering why I was handed a Motion for
11 Abatement of Contempt Proceedings. Mr. Hermus and --
12 there's Mr. Hermus -- and Ms. Dodds have indicated that
13 they need to put something on the Motion -- in regard to
14 the Motion for Abatement of Contempt Proceedings.
15 I would assume that this was prepared while I
16 had stepped out of the courtroom. Is it my understanding
17 that you thought you were being held in contempt?
18 MR. HERMUS: May I speak on -- for the
19 State on this, Judge?
20 THE COURT: Sure.
21 MR. HERMUS: We presented this to the
22 Court because we are -- we are unclear as to the
23 authority by which Ms. Dodds has been seized and told to
24 remain in this courtroom. The Honorable Bailiff has not
25 allowed Ms. Dodds to leave the courtroom at the Judge's
39
1 discretion.
2 It is our understanding that the only authority
3 in which, Your Honor, can hold Ms. Dodds in this
4 courtroom is with your contempt powers. And even though
5 you have said she's not been held in contempt, she has
6 been forcibly seized and detained in this courtroom since
7 shortly after 10:00. It's now 11:58.
8 THE COURT: Okay. That's not true. I
9 have a jury in the hallway on this case, and she
10 indicated to me she's the lead attorney on this case. I
11 have brought the jury in, told them that the State and
12 the Defense were talking -- which that is true -- the
13 State and the Defense attorneys have been talking in
14 regard to this case, and I asked them to wait in the
15 hallway until they know when they can be either brought
16 in for trial or excused.
17 So I'm not clear on how that's a detention if
18 she's the lead attorney on the case and we're in voir
19 dire and the jury is in the hallway.
20 MR. HERMUS: Judge, so that the record is
21 very clear, the only -- the only attorney for either side
22 that has been in this courtroom since about 10:10 has
23 been Ms. Dodds. All the attorneys for the Defense have
24 been free to come and go. Ms. Dodds has had to ask for
25 permission to go to the bathroom.
40
1 THE COURT: That's not true. She never
2 asked me for permission to go to the bathroom.
3 MR. HERMUS: No, ma'am, not you.
4 THE COURT: So that's not true. The only
5 attorneys in the courtroom -- that's in the courtroom on
6 this case Ms. Dodds is because the jury in the hallway is
7 only out there for this case. Doesn't that put her in a
8 different category from the other attorneys that are
9 coming and going and the jury is not out there for them.
10 They're out there for this Scott case, and she's the lead
11 attorney on the Scott case.
12 MR. HERMUS: The jury is in the hallway,
13 Your Honor. The jury is not in the courtroom. With all
14 due respect, again all the attorneys for the Defense have
15 been free to come and go at their pleasure.
16 THE COURT: Not the ones with the jury out
17 in the hallway. Is that true?
18 MR. HERMUS: I'm sorry, Your Honor?
19 Yes --
20 THE COURT: There is no other Defense
21 attorney that's come in this courtroom that has a jury
22 waiting for them out in the hallway. We -- the jury has
23 been here since yesterday. Ms. Dodds walked out
24 yesterday.
25 MR. HERMUS: I'm talking about today.
41
1 THE COURT: So how is that a detention for
2 me to ask the lead attorney on the case to just remain
3 while the attorneys from the State and the Defense are
4 talking regarding the case. How is that a detention?
5 MR. HERMUS: I -- Judge, I -- I can't make
6 it any clearer our position. I don't know if the Court
7 agrees or disagrees. I think I have articulated our
8 position. I think I have articulated as clear as I
9 possibly can that only Ms. Dodds has been made to stay
10 within the confines of this courtroom. I know she did
11 not have to ask permission of you, because you were in
12 chambers. I came and knocked on your door three or four
13 or five, six times to ask for permission for Ms. Dodds to
14 go to the bathroom.
15 When it wasn't answered, we did ask Mr. Jones.
16 Mr. Jones kept her certainly very close within his view,
17 but did allow her to go to the bathroom.
18 THE COURT: Okay. Well, at this point --
19 MS. KEMP: Judge, judge --
20 THE COURT: -- is not being held in
21 contempt. So there's no need for a Motion for Abatement
22 of Contempt Proceedings, because Ms. Dodds is not being
23 held in contempt. There are discussions going on
24 regarding this pending case which was called for trial
25 yesterday, and the jury is in the hallway. And that's
42
1 what this case is about, and that's the reason she's been
2 asked to stay here --
3 MR. HERMUS: Okay.
4 THE COURT: -- until we have some
5 resolution as to whether or not we are about to pick a
6 jury. That is the only reason.
7 MR. HERMUS: Fair enough.
8 THE COURT: Now is there something else in
9 regard to this that the Defense needs to put on the
10 record?
11 MR. COLLINS: Judge, we did file a Motion
12 for Speedy Trial for trial. And, based on some of the
13 things that have happened, it's my belief that the State
14 is intentionally not trying this case today, even though
15 they have their witnesses here and spoke to their
16 witnesses yesterday. Ms. Scott may lose her job over
17 these couple of days that the State has had their
18 witnesses here and willfully refused to try the case.
19 I do think that immediately prior to our next
20 trial setting -- it's my understanding we're not going to
21 trial today. If that is true, just before we try that
22 case, I would like a hearing on a Motion for Speedy
23 Trial.
24 THE COURT: Okay. And does the State have
25 anything else that you all need to put on the record?
43
1 MS. KEMP: I would just like to put on the
2 record -- Tammy Kemp for the State -- while in conference
3 with the Judge and the Defense counsel, I did inquire as
4 to whether or not Ms. Dodds was being held in contempt.
5 And the Court did let me know that there was no contempt
6 citation for Ms. Dodds, so I wanted to make that clear.
7 The second thing, I don't know when you served
8 this Motion for Speedy Trial. You never brought that up
9 in discussions. But be that as it may, it's my
10 understanding that the Court is giving us a new trial
11 date of September 15, 2014, and that Defense counsel and
12 the State will have conversations in the interim as to a
13 possible other resolution of this case. Otherwise, we
14 are to be here prepared for trial on September 15th. Is
15 that correct, Your Honor?
16 THE COURT: That's correct.
17 MR. COLLINS: Judge, the only other thing
18 I have is if you are ordering Discovery, if you could ask
19 the State --
20 THE COURT: And in order for the Defense
21 to prepare for the trial date of September 15th, I guess
22 that will be September 15th, the Defense would need
23 Discovery turned over.
24 Ms. Dodds has refused to turn over any evidence
25 to the Defense.
44
1 MS. DODDS: That is untrue.
2 THE COURT: Exculpatory, Brady, whatever
3 is within her possession. She wouldn't even bring her
4 file to court.
5 MS. DODDS: That is untrue.
6 THE COURT: Do you have your file,
7 Ms. Dodds?
8 MS. DODDS: I am not going to let that go
9 on the record --
10 THE COURT: Do you have your file,
11 Ms. Dodds?
12 MS. DODDS: I didn't refuse to provide
13 Discovery.
14 THE COURT: We're on the record, ma'am.
15 Do you have your file with you?
16 MS. DODDS: Are we on the record?
17 THE COURT: You said earlier on the record
18 you didn't have your file with you.
19 MS. DODDS: That doesn't mean I'm refusing
20 to give Discovery, Your Honor. I just didn't have the
21 file with me.
22 THE COURT: So you're not refusing to turn
23 over Discovery to the Defense?
24 MS. DODDS: Your Honor, my position this
25 morning was much different. I told you I wasn't prepared
45
1 to go forward with trial today. I wasn't going to
2 participate.
3 THE COURT: So will you turn over the
4 Discovery to the Defense?
5 MS. DODDS: I'm not in charge of this case
6 anymore.
7 THE COURT: Will you turn over the
8 Discovery to the Defense?
9 MS. KEMP: Judge, we will comply with
10 Discovery for the Defense. Today is the 4th?
11 MS. DODDS: Third.
12 MS. KEMP: I will have Discovery to the
13 Defense by Friday of this week.
14 THE COURT: Okay.
15 MR. COLLINS: Judge, I'd just also like
16 just an oral motion by myself to note that any
17 conversations that happened between witnesses in this
18 case and agents of the State, the Assistant District
19 Attorneys, be covered by that Discovery which may
20 including anything relevant to this case, perhaps
21 exculpatory information.
22 All I have on this case is a three sentence
23 Probable Cause affidavit.
24 MS. KEMP: We will provide all Discovery
25 including any Brady or exculpatory information as we
46
1 always do in each and every case.
2 MR. COLLINS: Sure.
3 THE COURT: Okay.
4 MR. COLLINS: That's all for the Defense,
5 Judge.
6 THE COURT: All right. That's all for the
7 Defense.
8 Anything else that needs to go on the record
9 for the State?
10 MR. HERMUS: No, ma'am.
11 THE COURT: Okay. That's all for the
12 record.
13 I'm sorry, I do have one other thing for the
14 record. I did not address the Motion for Abatement of
15 Contempt Proceedings. We're back on the record. I did
16 not address the Motion for Abatement of Contempt
17 Proceedings.
18 Ms. Dodds, the only reason I asked you to
19 remain is because you left yesterday. I was not holding
20 you in contempt. I knew that we might --
21 MS. DODDS: I disagree with that
22 assessment.
23 THE COURT: Okay, but let me finish;
24 you're interrupting --
25 MS. DODDS: For the record, I was
47
1 unlawfully detained by this Court.
2 THE COURT: I will let you put it on the
3 record, but can you not interrupt me? Can you at least
4 let me finish, and then I'll let you respond if you want
5 to respond.
6 I'm try -- you filed a motion. I didn't
7 address that on the record, so I just wanted to put that
8 on the record and then you can respond.
9 I didn't rule on the Motion for Abatement of
10 Contempt Proceedings, because the only reason I asked you
11 to remain was because you walked out yesterday. And it
12 could have been very possible that we were going to pick
13 a jury today, and the jury is now actually in the hallway
14 for this particular case. That's the reason I asked you
15 to remain. I also asked you not to leave like you left
16 yesterday. That was the whole purpose. It was not
17 because I was holding you in contempt.
18 And I hope this isn't an intentional act to try
19 to get me to hold you in contempt. I'm not understanding
20 why you filed this, but you have every right to file it.
21 But I think you were clear before I left the courtroom
22 that I wasn't holding you in contempt. And you even
23 apologized about leaving yesterday. You said you had a
24 doctor's appointment which I didn't know; you didn't let
25 anybody know about.
48
1 I just asked you not to leave until this matter
2 was resolved at least for today so we would know if we
3 needed to bring the jury in from the hallway.
4 Now, you may proceed, Ms. Dodds.
5 MS. DODDS: I would like for the record to
6 reflect that I was present in this courtroom as
7 scheduled, as requested by this Court for a pretrial. I
8 did indicate that I was not going to participate in a
9 jury trial.
10 I did not know that the Court was going to --
11 or had called my presence back in. I did apologize and
12 let the Court know that as an officer of this court if
13 she wanted me back in the court, I certainly would have
14 come back in the court just as I showed up today at 8:00
15 in the morning to handle this Court's business.
16 I'm not deflecting my presence from this
17 courtroom. And, while I was in court today, I would like
18 the record to reflect that I said I would remain in the
19 courtroom while the jury came in as requested by the
20 Judge. But I would not sit at counsel table in an act of
21 representation of the State of Texas in this case for
22 previously stated reasons.
23 At that point in time, I would like the record
24 to reflect this Judge in this court told the bailiff not
25 to let me leave the courtroom. It is my opinion I was
49
1 unlawfully detained by this Court, and that is my
2 impression of what happened. There are also other
3 witnesses in the courtroom that witnessed the same.
4 THE COURT: Okay. But it's my opinion
5 that you are trying to force me to hold you in contempt.
6 Why? I don't know. I really don't understand it,
7 because I am trying to do everything I can not to hold
8 you in contempt. But it's like you want me to. You file
9 a Motion for Abatement of a Contempt that hasn't even
10 happened.
11 I asked you to remain because you just marched
12 out in the middle of Voir Dire. Never had an attorney do
13 that. I didn't know if you were coming back or not. I
14 didn't know you had a doctor's appointment until this
15 morning, which I doubt, because you never said anything
16 about it yesterday. You just left with the jury in the
17 hallway. Both attorneys at the counsel tables were
18 standing, and the jury was about to enter the courtroom.
19 That is the only reason that I asked you to
20 remain today. I've never seen an attorney do that, just
21 walk right out without saying anything. Even if you had
22 just stated for the record, my Appellate lawyers have
23 informed me that I should not participate in this process
24 and for that reason I'm not going to participate, I could
25 understand that but you just walked out and I didn't
50
1 know. That was why I asked you to remain here.
2 MS. DODDS: Your Honor, I did tell this
3 Court on numerous occasions yesterday that -- not that I
4 consulted with the Appellate Section, but that I would
5 not participate in a pretrial or a trial. I did tell
6 this Court that on several different occasions that I
7 wouldn't be participating in a jury trial. And I don't
8 walk out on voir dires --
9 THE COURT: But you did in this case.
10 MS. DODDS: I don't make that a practice.
11 But, Your Honor, if I might, this is a situation where
12 you've clearly had a different understanding of what
13 happened than I did and I think we've made the record
14 reflect both of our understandings at this point.
15 THE COURT: I just think it could have
16 been more helpful to the process if you had told us, my
17 appellate lawyers have advised me not to participate.
18 You have your appellate lawyer standing right next to you
19 now, right?
20 MS. DODDS: I hadn't consulted with her
21 yesterday, Judge.
22 THE COURT: Okay. But you have your
23 appellate lawyer standing right next to you now --
24 MS. DODDS: I do today, yes, Your Honor.
25 THE COURT: -- today. So, if she was
51
1 advising you, that's fine, but if you could just let me
2 know. I had no clue why you just walked out of the
3 courtroom. If you could let me know -- you let me know
4 that after the fact, but at the time I didn't know. So
5 that was the reason I asked you to remain in the
6 courtroom.
7 Okay. That's all for the record.
8 (Recess taken)
9 (Open court, defendant and prospective
10 jury panel seated)
11 THE COURT: Counselors, you may be seated.
12 All right. Ladies and gentlemen, I bet you guys are
13 thinking what in the world is going on in here. Well,
14 here's where we are. I know you guys are going to be
15 very disappointed. As you can see, the State is still
16 not here. I did have a representative from the State
17 come down a little bit earlier, and the attorneys have
18 been in conversation in regard to this case. And as you
19 are aware the State has the burden of proof in a case.
20 VENIREPERSON: Can't hear you.
21 THE COURT: Can you hear me now?
22 VENIREPERSON: Yes, ma'am.
23 THE COURT: As you know the State has the
24 burden of proof in each case, and the case cannot proceed
25 without the State to present whatever evidence that they
52
1 have.
2 The State and the Defense has been in
3 conversation in regard to this case, and I do not want to
4 keep you all out in the hallway any longer. I do not
5 want to bring you all back tomorrow.
6 So, for that reason, I am going to go ahead and
7 let you all go. I am going to let them handle the legal
8 issues, and you can take care of the rest of your
9 business that you have to take care of this day.
10 This is something that should have been taken
11 care of before today. They will get it squared away, but
12 I don't want you all to have to wait. As you can see,
13 the Defendant is here and the Defense Attorney is here,
14 and we have two of them here, but I need both sides in
15 order to proceed.
16 So, with that, I won't take up any more of your
17 time. You are free to go, and thank you so much for your
18 patience.
19 If you could do two things: Just take your
20 juror badge off and put that on the bench. The bailiff
21 will come through and collect those in just a moment.
22 We'll send those back downstairs, recycle them, and save
23 Dallas County a little bit of money.
24 And if anybody needs a notice for work or to
25 verify that you were here for any other purposes, if you
53
1 will go back to the Grand Central Jury Room they will
2 provide that for you. Other than that, you are free to
3 go. Does anyone have any questions?
4 VENIREPERSON: Do you have parking
5 validation for today?
6 THE COURT: Yes, the Central Jury Room
7 will have it.
8 Anybody have any other questions? Just can I
9 get out of the here now? Okay. Thank you guys so much
10 for your patience.
11 (Jury panel released)
12 (End of proceedings)
13 -o-0-o-
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54
1 STATE OF TEXAS &
2 COUNTY OF DALLAS &
3
4 I, Vearneas W. Faggett, Official Court Reporter in
5 and for the County Criminal Court No. 11 of Dallas, State
6 of Texas, do hereby certify that the above and foregoing
7 contains a true and correct transcription of all portions
8 of evidence and other proceedings requested in writing by
9 counsel for the parties to be included in this volume of
10 the Reporter's Record in the above-styled and numbered
11 cause, all of which occurred in open court or in chambers
12 and were reported by me.
13 I further certify that this Reporter's Record of the
14 proceedings truly and correctly reflects the exhibits, if
15 any, offered by the respective parties.
16 I further certify that the total cost for the
17 preparation of this Reporter's Record is $ 275.00 and
18 will be paid by Mr. David Finn.
19 WITNESS MY OFFICIAL HAND this the 18th day of
20 September, A.D., 2014.

21 /s/Vearneas W. Faggett
VEARNEAS W. FAGGETT, CSR# 3129
22 Official Court Reporter
County Criminal Court No. 11
23 Dallas County, Texas
133 N. Riverfront Blvd.
24 Dallas, Texas 75207
Telephone: 214.712.5078
25 Expiration: 12/31/2015
55
1 D I S C L O S U R E
2 Note: Supreme Court Rule Adopted and Promulgated in
3 Conformity with Chapter 52 of the Government
4 Code, V.T.C.A
5
6
7 Please be advised that pursuant to Supreme Court
8 Rule IV, B.5., with regards to disclosure, I, to the best
9 of my knowledge, have no existing or past financial,
10 business, professional, family or social relationships
11 with any of the parties or their attorneys which might
12 reasonably create an appearance of partiality, except as
13 follows: NONE.
14
15
16
17 /s/Vearneas W. Faggett
VEARNEAS W. FAGGETT, CSR #3129
18 Expiration: 12/31/15
County Criminal Court No. 11
19 Frank Crowley Criminal Courts Bldg.
133 N. Riverfront Blvd.
20 Dallas, Tx 75207

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