Heath RUD Trial Transcript Vol 7

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REPORTER'S RECORD
CASE NO. 14-14-00532-CR
TRIAL CAUSE NO. 12-03-12580-CR
VOLUME 7 OF 12 VOLUMES
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) IN THE DISTRICT COURT
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) MONTGOMERY COUNTY, TEXAS
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) 359TH JUDICIAL DISTRICT
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THE STATE OF TEXAS
VS.
ADRIAN DAVID HEATH
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JURY TRIAL
OCTOBER 30, 2013
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On October 30th, 2013, the following proceedings
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came on to be heard in the above-entitled and numbered cause
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before the Honorable John Stevens, Judge Presiding, 359th
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District Court, held in Conroe, Montgomery County, Texas.
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Proceedings reported by machine shorthand and

computer-aided transcription.
KAREN D. DESHETLER, CSR

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APPEARANCES
October 30, 2013
FOR THE STATE ATTORNEY GENERAL:
Mr. David Glickler
Assistant Attorney General
ATTORNEY GENERAL OF TEXAS
P.O. Box 12548
Austin, Texas 78711-2548
Tel: (512) 463-3088
Fax: (512) 370-9728
david.glickler@texasattorneygeneral.gov
SBN: 00787549
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Mr. Jonathan White

Assistant Attorney General
ATTORNEY GENERAL OF TEXAS
P.O. Box 12548
Austin, Texas 78711-2548
Tel: (512) 463-3088
Fax: (512) 370-9728
jonathan.white@texasattorneygeneral.gov
SBN: 24054475
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FOR THE DEFENDANT:
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Mr. Jay M. Wright

ATTORNEY AT LAW
204 W. Davis Street
Conroe, Texas 77301
Tel: (936) 494-2462
SBN: 22041800
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CHRONOLOGICAL INDEX
October 30, 2013
PAGE
By the Court..............................................
7
FOR THE STATE:
ALLISON, BENJAMIN
Direct by Mr. Glickler.........................
Cross by Mr. Wright............................
Redirect by Mr. Glickler.......................
Recross by Mr. Wright..........................
Further Redirect by Mr. Glickler...............
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43
70
90
92
State rests...............................................
Opening by Mr. Wright.....................................
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93
FOR THE DEFENDANT:

HEATH, KANDY
Direct by Mr. Wright........................... 94
Cross by Mr. White............................. 101
GRANT, PHIL
Direct by Mr. Wright...........................
Cross by Mr. White.............................
Redirect by Mr. Wright.........................
Recross by Mr. White...........................
105
125
126
127
DILLARD, RANDALL
KULHAVY, JOE
Voir Dire by Mr. White.........................
Direct by Mr. Wright (Cont'd)..................
Cross by Mr. White.............................
Further Redirect by Mr. Wright.................
Further Recross by Mr. White...................
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157
157
181
189
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202
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GAULTNEY, CAROL
Cross by Mr. White.............................
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228
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CHRONOLOGICAL INDEX
October 30, 2013
(Continued)
DOYLE, JIM
Direct by Mr. Wright (Cont'd.).................
Cross by Mr. White.............................
PAGE
233
241
244
245
Proffer by Mr. Wright..................................... 248

Reporter's certificate.................................... 254
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ALPHABETICAL INDEX
October 30, 2013
ALLISON, BENJAMIN
Direct by Mr. Glickler.........................
Cross by Mr. Wright............................
Redirect by Mr. Glickler.......................
Recross by Mr. Wright..........................
Further Redirect by Mr. Glickler...............
PAGE
8
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70
90
92
DILLARD, RANDALL
DOYLE, JIM
Direct by Mr. Wright (Cont'd.).................
Cross by Mr. White.............................
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245
GAULTNEY, CAROL
Cross by Mr. White.............................
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228
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GRANT, PHIL
Cross by Mr. White.............................
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126
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HEATH, KANDY
Cross by Mr. White............................. 101
KULHAVY, JOE
Direct by Mr. Wright (Cont'd)..................
Cross by Mr. White.............................
Further Redirect by Mr. Wright.................
Further Recross by Mr. White...................
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INDEX TO EXHIBITS
October 30, 2013
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FOR THE DEFENDANT:
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Secretary of State's Opinion..................

Letter from Attorney General..................
Portion of Election Code Section 1.015........
E-mail from Phil Grant to Carol Gaultney.....
Article by Mr. Dillard.......................
Letter to Defendants from Phil Grant.........
E-mail from Joe Kulhavy to Adrian Heath......
E-mail from Adrian Heath to Joe Kulhavy......
E-mail from Mr. Heath to Jim Jenkins, 4/1/10.
Challenge Medallions from DA's Office........
Audio Tape of Joe Kulhavy....................
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ADM
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P R O C E E D I N G S
THE COURT:
Call 12-03-2580, the State of Texas
versus Adrian Heath, who is present with his attorney and the
State's attorney.
Are we ready to proceed this morning, gentleman?
MR. WHITE:
MR. WRIGHT:
THE COURT:
Ready.
Now, we're ready.
It's hard keeping an eye behind you
and forward, isn't it?
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All right.
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(At this time the jury comes into the
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Please bring the jury in.
courtroom.)
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THE COURT:
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MR. GLICKLER:
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Who's your next witness?

Benjamin Allison.
And he's
present in the courtroom, Your Honor.
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THE COURT:
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And the record will show that the jury is seated
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in the courtroom and you can call your next witness.
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Please be seated.
MR. GLICKLER:
The State would call Benjamin
Allison.
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THE COURT:
Mr. Allison, come forward, please.
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(Witness is sworn.)
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THE COURT:
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MR. GLICKLER:
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THE COURT:
Please have a seat, sir.
Thank you.
May I proceed, Your Honor.
Your witness.

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BENJAMIN ALLISON,
having been first duly sworn, testified as follows:
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DIRECT EXAMINATION
BY MR. GLICKLER:
Q.
Please introduce yourself to the ladies and gentlemen
of the jury?
A.
My name is Benjamin Allison.
Q.
And, Ben, where do you live?
A.
14993 Boyd.
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Q.
Okay.
Now, Ben, we've done this once before and I
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told you this before.
This woman over here has to take your
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testimony down and you have a habit of letting your sentences
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trail off quietly.
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your sentences so we can all hear what you have to say.
So can you please speak through the end of
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A.
Sure.
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Q.
Thank you.
And there's a microphone somewhere there.
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What do you do for a living, Ben?
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MR. WRIGHT:
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Your Honor, may we approach the
bench?
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THE COURT:
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(Bench conference outside the presence of the
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Yes.
jury.)
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MR. WRIGHT:
The attorney general just informed
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the jury that there's been a prior trial of this case, criminal
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case --

281-723-9090
THE COURT:
MR. WRIGHT:
No.
-- and so I'm moving for a
mistrial.
I think he's now -- that leaves an inference that
somebody has been previously found guilty of these allegations
involving the same parties, and I think it's now telegraphed to
the jury that there's been a potential guilty verdict on a
prior.
plan scheme and I would ask for a mistrial because I think it's
left an impression.
Because we have talked about these other members of the
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THE COURT:
His question was:
Ben, we have done
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this once before and I told you this before, this woman over
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here has to take your testimony.
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there's a trial.
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He said we've done this once before.
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really means.
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and he didn't particularize it.
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the record, that's denied.
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MR. WRIGHT:
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I mean, it didn't say that
The jury would be jumping to a conclusion.

Who knows what that
You can take that in all kind of connotations

And based upon the state of
Also, the Motion in Limine was that
we would not refer to any of the other trial matters.

THE COURT:
Well, I mean, just once before, to
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me, I think it would be a logical inference that we've
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rehearsed this or we've gone over this before.
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you're going to be talking about what we have rehearsed and you
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weren't very loud the first time when we rehearsed that.
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think you can take that just as easily.
This is just --
And I
He didn't say anything

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about a new trial or another proceeding and everybody better be
careful about that.
flirting with danger.
Be cautious about your words.
MR. GLICKLER:
THE COURT:
MR. GLICKLER:
Don't be
I understand.
Mr. Wright is going to catch you.

I understand, and I clearly
didn't mean to.
testimony yesterday that was Grand Jury testimony and it could
have been interpreted in numerous different ways, but I won't
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I'd also say that the record of Mr. McDuffee's
go back to anywhere near that.
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THE COURT:
Also, in the record it is
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reasonable -- remember, the statement of the attorneys do not
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constitute evidence, but still don't cause problems by your
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statements.
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close to flirting with danger.
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Be careful about the wording and let's don't get
(End of bench conference.)
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Q.
(BY MR. GLICKLER)
Where do you live?
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A.
14993 Boyd Lane.
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Q.
And who do you live with?
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A.
My family.
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Q.
And who does that include?
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A.
My parents and my brothers and sisters.
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Q.
And how long have you lived there.
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A.
11 years.
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Q.
What do you do for a living?

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A.
I am a loan officer.
Q.
And how old are you?
A.
26.
Q.
And when is your birthday?
A.
April.
Q.
So eight and a half years ago is when you turned 18.
Did you register to vote when you turned 18?
A.
Yes.
Q.
And where did you register to vote from?
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A.
14993 Boyd Lane.
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Q.
Okay.
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I want to jump ahead for a moment.
Did you
vote on May 8th of 2010 in Montgomery County, Texas?
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A.
Yes.
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Q.
Did you vote in The Woodlands Road Utility District
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Board of Directors election on that day?
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A.
Yes.
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Q.
And on that day, did you vote with a voter
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registration card that indicated an address other than Boyd
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Lane?
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A.
Yes.
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Q.
Do you know Adrian Heath?
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A.
Yes.
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Q.
How do you know Adrian Heath?
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A.
Can you -- I don't...
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Q.
How long have you known Adrian Heath?

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A.
How long have I known -- seven or eight years.
Q.
Where did you first meet him?
A.
A Montgomery County constitution party meeting.
Q.
Do you see the Adrian Heath -- do you see Adrian
Heath in courtroom?
A.
Yes.
Q.
Can you point him out for the jury's benefit and
indicate where he is sitting and what he is wearing?
A.
Sitting to my right wearing a blue suit.
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Q.
Okay.
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How would you characterize your relationship
with Adrian Heath?
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A.
That we're friends.
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Q.
Okay.
Now, you testified that you voted on May 8th
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of 2010 in the road utility district election.
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come to be?
How did you come part of that group that voted?
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A.
That's a very broad question.
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Q.
Right.
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A.
You want me to talk about --
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Q.
Well, let me ask you this.
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How did that
Did your brother vote
with you that day?
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A.
Yes.
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Q.
How old was your brother in 2010?
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A.
18.
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Q.
And had he registered to vote?
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A.
Yes.

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Q.
And did he register to vote from the same address
that you had registered to vote?
A.
I believe so, yes.
THE COURT:
JURY PANEL:
THE COURT:
Q.
(BY MR. GLICKLER)
Can the jury hear all right?

Yes.
Okay.
Thank you.
Prior to that election, you
previously had a voter registration card for Boyd Lane; is that
correct?
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A.
Correct.
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Q.
And that's the same as it is today?
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A.
Correct.
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Q.
Do you consider yourself to be active politically?
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A.
Yes.
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Q.
And for someone 28 years of age, would you
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consider --
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A.
26.
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Q.
26 years of age.
Sorry.
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For someone 26 years of age, would you consider
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yourself to be more or less politically active than your peers
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in your age group?
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A.
More.
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Q.
Okay.
Where did this inspiration, if you will, to
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become politically active at a young age come from in your
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life?

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A.
My parents.
Q.
Okay.
And you're aware of issues related to things
that are being voted on in Montgomery County; is that correct?
A.
For the most part.
Q.
You pay attention to elections?
A.
Yes.
Q.
And you said you were -- first met Mr. Heath at the
Montgomery County constitutional party.
Have you been involved
in political parties over the last eight years?
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A.
Yes.
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Q.
Now, who brought to your attention the road utility
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district and the pending 2010 Board of Directors election?
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A.
Adrian Heath.
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Q.
And in what context did he bring that to your
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attention?
A.
A conversation after a Tea Party candidate forum in
The Woodlands.
Q.
Okay.
That Tea Party candidate forum in The
Woodlands, was that in the spring of 2010?
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A.
Yes.
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Q.
And was it for a runoff election?
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A.
Yes.
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Q.
Okay.
And for those who aren't as politically astute
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as yourself and others here, if there's a runoff in a primary,
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that would be sometime after March, before early April; is that

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correct?
A.
Correct.
Q.
Okay.
And was that the first time you heard about
the road utility district?
A.
Yes.
Q.
Sometime in March or April of 2010?
A.
Yes.
Q.
And where were you and Adrian Heath having this
conversation?
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A.
In the parking lot.
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Q.
Were other people there?
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A.
Yes.
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Q.
And what was the concern about the road utility
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district -- well, did anyone express a concern about the road
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utility district?
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A.
Yes.
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Q.
Who?
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A.
Adrian.
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Q.
What was his concern?
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A.
That they were taking taxpayer funds in the form of
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property tax with no accountability to anybody because their
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Board of Directors was not elected.
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Q.
Okay.
Do you know if there had ever been a contested
election for that Board of Directors up to that point?

A.
I don't know.
But according to Adrian, there hadn't

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been an election at all since, I believe, 2000.
Q.
Okay.
Now, if you're having an election for an
office and there's a vacancy of one and only one person files
to run for that office, is there a contested election?
A.
No.
Q.
Okay.
Do you know if those were the circumstances
that had proceeded the previous ten years with the Board of
Directors?
A.
I don't know if that...
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Q.
Okay.
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A.
Adrian.
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Q.
Okay.
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And everything that you knew, you were told by
who?
So were plans discussed -- or did the
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Defendant discuss with you what should be done about this
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situation?
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A.
He outlined some things that he was planning to do,
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Q.
Okay.
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A.
File to run as one of the directors.
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Q.
Okay.
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A.
Correct.
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Q.
All right.
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yes.
And what was one of them?
To create a contested election?
Did Adrian Heath, in fact, run to be one
of the directors?
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A.
No.
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Q.
Okay.
Who did run eventually to be the directors?

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A.
Pete Goeddertz.
Q.
Okay.
A.
Richard McDuffee and Bill Berntsen.
Q.
Okay.
things.
be a resident of the road utility district to run for the
board?
Now, you said that he outlined some of the
One was to run someone for the board.
A.
No.
Q.
And that's under the law?
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A.
I would believe so.
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Q.
All right.
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A.
Adrian.
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Q.
Okay.
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Well, who told you that you didn't have
to be a resident of the RUD?
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Did you have to
What was the second thing that the Defendant
outlined?
A.
Moving into the boundaries of the RUD to elect the
people that would run.

Q.
When you say "moving into the boundaries of the RUD,"
are there homes and apartments throughout the RUD?
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A.
That's kind of our debate; but I would say, yes.
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Q.
Okay.
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A.
No.
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Q.
Did you move into an apartment?
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A.
No.
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Q.
Where did you move into?
Did you move into a house?

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A.
The Residence Inn.
Q.
Okay.
And we'll discuss that in more detail.

The Residence Inn is a what?
A.
Hotel.
Q.
And you said, "moving into the boundaries of the
RUD."
At the moment that you cast -- well, I'll come back to
that later.
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Did you actually -- so how many of you moved

into the boundaries of the RUD at the Residence Inn?
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A.
Ten.
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Q.
Okay.
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A.
Because that's where Adrian had changed his, so I
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Why did you choose the Residence Inn?
changed it to the same.
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Q.
Okay.
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A.
Yes.
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Q.
Now, who convinced you that it was okay to register
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And did your brother also do the same?
to vote using a hotel as your residence?

A.
I convinced myself on testimony with what Adrian
provided and other people.

Q.
Okay.
But the information initially came from the
Defendant?
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A.
Correct.
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Q.
And what was your philosophy personally after hearing
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about what the road utility district -- what was your personal
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philosophy that caused you to go along with this plan?

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A.
That's the
whole reason we started the Revolutionary War.
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It's taxation without representation.
Q.
Okay.
Now, who was being taxed in the road utility
district?
A.
Anybody that shops in it.
Q.
Okay.
A.
No.
Q.
Do you have options to shop elsewhere than the road
utility district if you so choose?
10
A.
Yes.
11
Q.
Okay.
12
And are you required to shop in that district?
And, in fact, there is a Board of Directors,
right?
13
A.
Correct.
14
Q.
Okay.
And again, you don't know whether or not that
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Board of Directors was elected prior to 2000 and then there was
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never a contest subsequently, do you?
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A.
No, I don't.
18
Q.
Okay.
For example, if there is a business in the
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road utility district, you could always go somewhere in Conroe
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to shop for the same reason, right?
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A.
I could, too, but the colonists could also not buy
Q.
Right.
tea.
But, you know, 250 years ago, choices were a
24
lot -- significantly more limited than they are today.
25
are pretty much the same businesses that are in The Woodlands

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There
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are in Conroe and Houston and Austin and Dallas.
pretty fair that you can get any good of services anywhere,
isn't it?
A.
Yes.
Q.
Okay.
I mean, it's
And in terms of -- once again, you were not --
you were not involuntarily subject to any tax imposed on the
road utility district, were you?
A.
Correct.
Q.
Okay.
10
A.
May 7th.
11
Q.
Okay.
So when did you first go to the Residence Inn?
And let me jump back to about the tax.
The
12
tax being proposed in the road utility district is a property
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tax, correct?
14
A.
Yes.
15
Q.
It's not a sales tax, is it?
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A.
No.
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Q.
So when you go to Target in the road utility district
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and buy a 10-dollar item and there's an 8 and a quarter percent
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sales tax on that, that doesn't go to the road utility
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district, does it?
21
A.
That's correct.
But that's not why they charge you.
22
Q.
They don't charge you sales tax?
23
A.
They don't charge the difference of the sales tax.
24
Q.
Okay.
25
A.
There's a rate difference between the road utility

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district half a mile down the road outside the road utility
district, than there is the Residence Inn half a mile down the
street in the road utility district.
4
5
Q.
Okay.
So the tax at the Residence Inn is a bit
different?
A.
No, the cost per room.
Q.
The cost per room?
A.
Correct.
Q.
And that's no different than one car dealer selling a
10
car for a different price than another, isn't it?
11
has the right to charge its prices, doesn't it?
A business
12
A.
Correct.
13
Q.
So you said that you first stayed at the Residence
14
Inn on May 7th of 2010?
15
A.
Yes.
16
Q.
And you voted on May 8th?
17
A.
Yes.
18
Q.
And yet, you had already declared on your voter
19
registration card that that was your address?
20
A.
Yes.
21
Q.
So at the time you signed that voter registration
22
card, you had never stayed a single night at that Residence
23
Inn?
24
A.
Correct.
25
Q.
And what did you do on May 8th?

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A.
We voted.
Q.
Okay.
A.
First thing.
Q.
Okay.
About what time in the day?
So let's start out a little earlier.
On
Saturday, May 8th of 2010, where did you wake up?
A.
Residence Inn.
Q.
Okay.
A.
To the voting box.
Q.
Okay.
10
A.
Yes.
11
Q.
And after you voted, what did you do?
12
A.
Went back to the Residence Inn.
13
Q.
Okay.
14
A.
I don't remember exactly, but we checked out late
15
And where did you go from the Residence Inn?
And did you cast a vote that day?
And what did you do?
that day.
16
Q.
Okay.
18
A.
No.
19
Q.
Was it early afternoon?
20
A.
Most likely.
21
Q.
Okay.
22
A.
5:00.
23
Q.
All right.
17
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25
Do you recall what time of day you checked
out?
Do you know what time the polls close?
Is it fair to say that you actually
checked out of the hotel before the polls were closed?

A.
Yes.

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1
2
Q.
And when you checked out on May 8th of 2010, when did
you intend to return to the Residence Inn?
A.
No date was specifically planned.
Q.
All right.
Where did go from that -- where did you
sleep on May 8th of 2010?
A.
At my parents' house at 14993 Boyd Lane.
Q.
And on that day in question, your driver's license
would have told police officer who might stop you for a traffic
offense or someone who looked at it to check would have said
10
that you lived where?
11
A.
At Boyd Lane.
12
Q.
Okay.
13
intent to return.
Sometime after May 8th of 2010, you formed an

Why?
14
A.
That's an assumption that I wouldn't agree with.
15
Q.
Okay.
16
A.
Because I had an intent to return before May 8th.
17
Q.
Okay.
18
A.
I don't know.
19
Q.
Sometime after May 8th, within the next couple of
Why wouldn't you agree with it?
When did you intend to return?
20
days, did you form a specific timeframe in which you intended
21
to return?
22
A.
Yes.
23
Q.
And why did you -- why did that accelerate your
24
25
decision-making process?
A.
Because of the subsequent outcome of that election.

281-723-9090
24
Q.
There were issues raised about the election, correct?
A.
Correct.
Q.
And as a result of the issues raised and your
conversations -- did you have conversations that included the
Defendant?
A.
Yes.
Q.
And as a result of that, did you then form a specific
timeframe for an intent to return?
A.
Yes.
10
Q.
And when is the first time you returned to the
11
Residence Inn after May 8?
12
13
A.
I don't know the date, but it was within the next ten
Q.
Okay.
days.
14
15
16
MR. GLICKLER:
Elmo.
17
18
Your Honor, may I approach the
THE COURT:
Q.
Yes.
(BY MR. GLICKLER)
And do you recall who was present
19
at the first conversation you had after the election about
20
these issues about returning to the Residence Inn and whatnot?
21
A.
For the most part.
22
Q.
Okay.
23
A.
Yes.
24
Q.
Was your brother one of these people?
25
A.
I don't think so.
And was the Defendant one of these people?

281-723-9090
25
Q.
Okay.
A.
I don't remember.
Q.
Showing you what's in evidence as State's Exhibit
Was Richard McDuffee one of these people?

I think so.
Number 4, do you know what combination forms are?
A.
Yes.
Q.
And what are they?
A.
They're the voter roll that you sign when you cast a
ballot.
Q.
And do you see your signature on here?
10
A.
Yes.
11
Q.
Which line would it be?
12
A.
8.
13
Q.
Is that it right there?
14
A.
Yes.
15
Q.
And did all ten of you vote together at the same time
16
that day?
17
A.
Yes.
18
Q.
And this is on May 8th of 2010?
19
A.
Correct.
20
Q.
Okay.
Now, in evidence as State's Exhibit Number 6
21
are records from the Residence Inn.
22
you know who James Jenkins is?
And as we flip through, do
23
A.
Yes.
24
Q.
Was he one of the members of the group that
25
participated in this activity?

281-723-9090
26
A.
Yes.
Q.
And did he pay for the room that you stayed in on
May 7th?
Let me rephrase that question.
Did he put that room on his credit card?
A.
I don't know.
Q.
Okay.
A.
I don't believe so.
Q.
All right.
check.
Then who paid for the room -- well, let's
This is the records May 7th, one night, Jim Jenkins,
10
departed at 3:36 p.m. on May 9th, Sunday.
You said you
11
departed on Saturday.
12
that individuals stayed in the room included Adrian Heath and
13
Tom Curry, Goeddertz, McDuffee.
14
room as Jim Jenkins; is that correct?
This Page 2 of this document indicates
You did not stay in the same
15
A.
Correct.
16
Q.
There's a room for Tom Curry, who is actually listed
17
as having stayed in Mr. Jenkins' room, but there's another
18
room.
19
in that night?
Did he put on his credit card the room that you stayed
20
A.
I believe so.
21
Q.
And who else stayed in that room with you and
22
Mr. Curry?
Well, did Mr. Curry stay in the room?
23
You said yes?
24
A.
Yes.
25
Q.
Did anyone else stay in the room?

281-723-9090
27
A.
My brother.
Q.
Okay.
A.
No.
Q.
Is your brother married?
A.
No.
Q.
Is Mr. Curry married?
A.
Yes.
Q.
And it says that -- it shows a departure on May 8th
Now, are you married?
of 2010 of 11:53 a.m.
10
A.
Probably.
11
Q.
Okay.
Does that sound about right?
But there's actually no indication on this
12
page that shows that you stayed there.
13
guests, one.
14
A.
That's what it says.
15
Q.
Okay.
16
It says number of
Is that correct?
And here's another room for Mr. Curry.
You
didn't stay there on April 30th, did you?
17
A.
No.
18
Q.
And then we have the last page of the exhibit, shows
19
Ben Allison and it shows your address as being where?
20
A.
14993 Boyd.
21
Q.
And how many guests?
22
A.
Two.
23
Q.
And who stayed there with you?
24
A.
My brother.
25
Q.
Okay.
And this was on May 14th?

281-723-9090
28
A.
Correct.
Q.
Checked out on May 15th at 9:45 in the morning?
A.
Correct.
Q.
So if May 7th was the Friday night before the May 8th
election, May 14th would be one week later, Friday night?
A.
Correct.
Q.
This is the first night you went back to this hotel?
A.
Correct.
Q.
And the second night you ever stayed there?
10
A.
Correct.
11
Q.
Okay.
Now, State's Exhibit 7 are some voter
12
registration cards -- voter registration applications.
13
familiar with these, correct?
You're
14
A.
Yes.
15
Q.
So by my account, is it true that you have filled out
16
a voter registration application form three times in your life?
17
A.
Yes.
18
Q.
Okay.
19
A.
Yes.
20
Q.
Once when you registered -- this would be your second
21
one, correct?
22
A.
Correct.
23
Q.
And sometime after June of 2010, you filled another
24
25
Once when you registered at age 18?
one out to change your voter registration back to Boyd Lane?

A.
Correct.

281-723-9090
29
1
2
Q.
And all along, even on this form, you listed your
mailing address as what address?
A.
14993 Boyd Lane.
Q.
Okay.
Now, this one you signed -- is that your
signature?
A.
Yes.
Q.
And did you date the day you signed it?
A.
Yes.
Q.
And you signed it on April 6th of 2010?
10
A.
Yes.
11
Q.
At the date -- on the day which you signed this form,
12
had you ever stayed at 9333 Six Pines?
13
A.
No.
14
Q.
Okay.
And in the box where you list Six Pines as
15
your address, can you read that, the typed print in Box
16
Number 3?
17
A.
Street address, apartment number.
18
where you live.
19
business address.
20
21
Q.
Okay.
A.
Yes.
23
Q.
Okay.
25
Do not include P.O. box, rural street, or
Six Pines is technically a business address,
isn't it?
22
24
If none, describe
And on April 6th of 2010, is Six Pines what
you would describe where you live?

A.
No.

281-723-9090
30
1
2
Q.
Okay.
Do you know if your brother had ever stayed at
that Residence Inn before May 7, 2010?
A.
Not to my knowledge.
Q.
Okay.
A.
January.
Q.
Right there.
A.
Yes.
Q.
Do you know if this is his first voter registration
And when is your brother's birthday?
1/28/92?
application or his second?
10
A.
I don't know.
11
Q.
Let me ask you this question.
Your brother turned 18
12
in January and there was a primary in March, so would he have
13
been eligible to vote in the primary?
14
A.
Yes.
15
Q.
Did he vote in the primary?
16
A.
Yes.
17
Q.
And on this form that he filled out on April 6th, the
18
same day as you, he checked what box up top?
19
A.
Change of address.
20
Q.
Okay.
So as of April 6th, 2010, your brother has
21
been eligible to vote for less than two and a half months and
22
initially registered to vote at what address?
23
A.
Boyd Lane.
24
Q.
Which is where who lives?
25
A.
My parents.

281-723-9090
31
Q.
Okay.
A.
Yes.
Q.
And in less than two and a half months, he changed
4
5
6
7
And was he living there at the time?
the address to the Residence Inn; is that correct?

A.
Correct.
It was actually longer than that because he
had registered -- he had registered prior to his birthday.

Q.
Right.
You can preregister when you're going to turn
18 so that if your birthday, your 18th birthday was an election
day, you would be allowed to vote, correct?
10
A.
Correct.
11
Q.
Because -- so how did you pay for your room on
12
May 7th?
13
A.
We paid -- I believe Mr. Jenkins.
14
Q.
Okay.
15
And you said Mr. Curry stayed in that room on
May 7th as well?
16
A.
Yes.
17
Q.
And he is married?
18
A.
Yes.
19
Q.
Was his wife there?
20
A.
No.
21
Q.
Now, after the election, when you learned that there
22
was some questions about the election and you went to a
23
meeting, what was -- what was the purpose that you were brought
24
to that meeting?
25
A.
Mr. Jenkins had consulted an attorney to do some

281-723-9090
32
things and so this meeting was a result of that.
2
3
Q.
Okay.
At the time of this meeting, had any of the
ten of you gone back to the Residence Inn?
A.
I don't know.
Q.
Okay.
But as a result of this meeting, is that why
you stayed there on May 14th?
A.
Yes.
Q.
Now, after May 14th and during the period of time
9
10
that this election was being debated, did you go back and stay
at the Residence Inn some more?
11
A.
Yes.
12
Q.
Of the ten people who went back to the Residence Inn
13
for more -- who went back the most and stayed there as a
14
resident or as a guest?
15
A.
Most probably myself and my brother.
16
Q.
Okay.
Showing you State's Exhibit 19, which are more
17
business records from the Residence Inn, this room lists four
18
guests, Mr. Goeddertz, Mr. Jenkins, Mr. Heath, and Mr. Curry
19
for one night.
20
A.
Yes.
21
Q.
Okay.
Is that correct?
Now, here's a room registered to Mr. Jenkins
22
from May 29 through June 14 and it lists three guests.
23
Mr. Jenkins book the room for you that you stayed in those
24
days?
25
A.
Yes.

281-723-9090
Did
33
Q.
And did you pay him for those rooms?
A.
Yes.
Q.
And it appears that it's the night of the 29th and
checking out on June 14th, so that would be 29th, 30th, 31st,
three in May, 13 in June.
Sixteen consecutive nights?
A.
Correct.
Q.
Did you actually stay there every night, or did you
just have the room?
A.
No.
We stayed there.
10
Q.
Okay.
Mr. Curry appears to have gone back one night
11
in July and then Mr. Curry appears to have also stayed for
12
nearly a month, from late May to late June.
13
Mr. Curry in that timeframe?
14
A.
Not in the same room.
15
Q.
Who stayed in the room with you?
16
A.
My brother.
17
Q.
Anyone else?
18
A.
No.
19
Q.
Okay.
Did you stay with
So as we flip through these records, focusing
20
on who was booking rooms for when and how long, is it fair to
21
say here's a room booked for you, May 28th to June 22nd, nearly
22
a month?
23
doesn't it?
This is the room for you.
It only lists one guest,
24
A.
Correct.
25
Q.
And again, for May 28th to June 22nd, did you stay

281-723-9090
34
every night?
A.
Yes.
Q.
And did you brother stay every night?
A.
Yes.
Q.
And then there's some incidentals that obviously you
were charged to pay; is that correct?
A.
Correct.
Q.
Including phone calls and things of that nature.
9
10
And you had booked a room for yourself for one

night May 23rd; is that correct?
11
A.
Myself and my brother.
12
Q.
Okay.
13
brother for a minute.
14
15
Now, let's talk about yourself and your
Of the ten people who voted, did you actually

own a home?
16
A.
No.
17
Q.
Did you have a homestead exemption on a property?
18
A.
No.
19
Q.
Did your brother own a home?
20
A.
No.
21
Q.
Did he have a homestead exemption on a property?
22
A.
No.
23
Q.
Who owned the home that you and your brother lived in
24
25
most of your adult life?

A.
My father.

281-723-9090
35
1
2
Q.
Okay.
Does he have a Warranty Deed for that
property?
A.
Yes.
Q.
And a homestead exemption?
A.
Yes.
Q.
In fact, State's Exhibit Number 16 is your father's
Warranty Deed, correct?
A.
Looks like it.
Q.
Okay.
So you did not own a home.
Do you know
10
whether or not the other eight individuals owned homes and had
11
Warranty Deeds and homestead exemptions on property?
12
A.
I believe some of them did.
13
Q.
Okay.
14
Once the issues involving the election were
settled in June, did you leave the Residence Inn?
15
A.
Yes.
16
Q.
Have you ever returned since then?
17
A.
No.
18
Q.
And is this picture on State's Exhibit 28, what is
19
that a picture of on the bottom?
Can you tell?
20
A.
That's the mailbox.
21
Q.
The mailbox where?
22
A.
At our house.
23
Q.
Okay.
24
A.
Yes.
25
Q.
Does your brother get mail there?
And did you get mail there?

281-723-9090
36
A.
Yes.
Q.
Does your father get mail there?
A.
Yes.
Q.
And were you getting mail there consistently in
April, May, and June 2010?
A.
Yes.
Q.
Was your father aware of what was going on with his
election?
A.
Yes.
10
Q.
And was your father aware that you and your brother
11
were changing your voter registrations?
12
A.
Yes.
13
Q.
Did your father change his voter registration?
14
A.
No.
15
Q.
Why not?
16
A.
He told me he didn't want the cost of two residences.
17
Q.
Okay.
18
And when you went to the hotel, did you take
all of your possessions?
19
A.
I left some valuable things at my parents' house.
20
Q.
Did you leave any clothes at your parents house?
21
A.
No.
22
Q.
Did go back to your parents house for meals?
23
A.
Occasionally.
24
Q.
Okay.
25
A.
He went with me.
Did your brother?

281-723-9090
37
1
2
Q.
Okay.
At the time of the election in May of 2010,
did your brother have a driver's license?
A.
Yes.
Q.
In May of 2010?
A.
I don't know.
Q.
Take a moment.
I'm showing you what's in evidence as
State's Exhibit Number 48.
And on the front page from the
Department of Public Safety, is your brother's legal name
Robert Dabney Allison?
10
A.
Yes.
11
Q.
Living at Boyd Lane?
12
A.
Correct.
13
Q.
And this record indicates his license was originally
14
issued on what day?
15
A.
June 24th.
16
Q.
Okay.
17
A.
2010.
18
Q.
All right.
19
Of --
Does that sound about right from when you
recall him getting his driver's license?
20
A.
Yes.
21
Q.
Okay.
22
A.
Yes.
23
Q.
And when you get a driver's license they don't give
24
25
And is that your brother?
it to you that day, you get a temporary license, right?

A.
Correct.

281-723-9090
38
Q.
And the temporary license lasts a significant period
of time to allow the Department of Public Safety to mail you
your actual driver's license, correct?
A.
Usually six months.
Q.
Okay.
A.
Yes.
Q.
Okay.
A.
Yes.
Q.
Okay.
And this was issued on June 24th of 2010?
Listing the Six Pines address, correct?
By June 24th of 2010, you guys had checked out
10
of the hotel, though, correct?
11
showed it.
When we saw those records, they
12
A.
Somewhere close to there.
13
Q.
Right.
14
A.
Yes.
15
Q.
And when did you do that?
16
A.
After --
17
Q.
After the election?
18
A.
Yes.
19
Q.
After the meeting?
20
A.
Yes.
21
Q.
Okay.
Did you change your driver's license?
And after the election and after the meeting,
22
did you and others return to the Residence Inn, even folks who
23
did not stay any nights there?
24
A.
After the election?
25
Q.
After the election and after the meeting about the

281-723-9090
39
problems with the election?
A.
Yes.
Q.
And were pictures taken?
A.
Yes.
Q.
Showing you what's in evidence as State's Exhibit
Number 33.
Are you familiar with this set of pictures?
A.
Somewhat.
Q.
Okay.
A.
To document we were there.
10
Q.
Okay.
11
Why were the pictures being taken?
And people were holding up documents, correct,
in the pictures?
12
A.
He is.
13
Q.
Okay.
14
A.
I think it's Mr. Curry.
15
Q.
Okay.
16
A.
Correct.
17
Q.
And who is in the picture on the bottom of this page,
18
And who is the person in the blue shirt?
And he's holding up a piece of mail, correct?
Page Number 87?
19
A.
Mr. Berntsen.
20
Q.
All right.
21
A.
He's holding one and there's one in the corner.
22
Q.
Do you see yourself in this picture?
23
A.
Yes.
24
Q.
What color shirt?
25
A.
Black.
And there's newspapers in this picture?

281-723-9090
40
Q.
And the next picture.
A.
Mr. Berntsen.
Q.
And what is he holding up?
document up?
A.
I see some red, that's it.
Q.
Okay.
exhibit.
Who is that again?
Is he holding some
Here is a page marked as Page 91 of this
Who is that?
A.
Mr. Curry.
Q.
What is he holding up?
10
A.
Newspaper.
11
Q.
These pictures, they were all taken after the
12
election and the meeting to discuss the election, correct?
13
A.
I don't know.
14
Q.
Okay.
15
You were only there one night before the
election and multiple nights after, correct?
16
A.
Correct.
17
Q.
Are you and your brother present in this picture?
18
A.
Yes.
19
Q.
Near the back of the exhibit on Page Number 112, who
20
are in this picture on top?
21
22
23
A.
That's Mr. Heath on the left and Mr. Jenkins in the
Q.
Okay.
back.
And is it fair to say in this picture that
24
they are posing for the camera?
25
it, correct?
They're both looking right at

281-723-9090
41
A.
Yes.
Q.
Smiling?
A.
Yes.
Q.
Can you tell what Mr. Heath is holding in his hand?
A.
I can't now; but if you zoom out, it looks like a
voter registration card.
Q.
I got it focused now.
What's in his hand?
A.
Voter registration card.
Q.
Okay.
At this meeting that you had after the
10
election when the problems with the election were discussed,
11
did Mr. Heath express his position or opinion about going back
12
to the hotel?
13
A.
To some extent.
14
Q.
And what was that extent?
15
A.
He didn't seem to think it was necessary.
16
Q.
Okay.
17
And did he discuss the financial aspect of
going back to this hotel?
18
A.
Yes.
19
Q.
And what was his situation on the financial aspect of
20
going back to the hotel?
21
A.
That it was expensive.
22
Q.
Okay.
23
And is it fair to say that you and your
brother stayed there more than anyone else?
24
A.
I believe so.
25
Q.
And did you get charged in this offense?

281-723-9090
42
A.
No.
Q.
Okay.
Did your brother get charged with this
offense?
A.
No.
Q.
Did you testify before a Grand Jury?
A.
No.
Q.
Did you have an agreement with the State to testify
before a Grand Jury?
A.
No.
10
Q.
Did you have an agreement with the State to testify
11
in this trial?
12
A.
I was subpoenaed, so --
13
Q.
And prior to May 8th of 2010, is there any single
14
piece of documentation that exists, other than the voter
15
registration application, that connects you, Benjamin Allison,
16
to the address of the Residence Inn?
17
A.
No.
18
MR. GLICKLER:
19
MR. WRIGHT:
20
21
22
Pass the witness Your Honor.

If I may, Your Honor?
CROSS-EXAMINATION
BY MR. WRIGHT:
Q.
Ben, we can't move that microphone any closer to you;
23
so you're going to have to act like Jay Leno or something
24
because sometimes I'm having trouble hearing you.
25
going to go ahead and go from like last to first, I guess.

281-723-9090
But I'm
43
1
2
You and your brother were initially indicted in

this case, weren't you?
A.
We were not.
Q.
Your name was not in the indictment?
A.
No.
Q.
Okay.
A.
I don't know.
8
9
How is it that you came to not be indicted?

I had no involvement in that
proceeding.
Q.
Okay.
And so -- well, hadn't you -- you had somebody
10
contact the attorney general when everybody was called and
11
invited to testify to the Grand Jury, right?
12
A.
Correct.
13
Q.
Okay.
14
And so basically you worked some agreement to
try avoid indictment.
Isn't that true?
15
A.
I didn't work anything.
16
Q.
Did you have somebody work it for you?
17
A.
No.
18
Q.
Okay.
Now, let's go back to -- you were asked
19
questions about what you did before the election and then you
20
were asked questions about what you did after the election,
21
right?
22
A.
Yes.
23
Q.
Was your, I guess, attitude and your understanding
24
about what you were doing, was it different before the election
25
than it was after the election?

281-723-9090
44
A.
Not -- not substantially.
Q.
Okay.
registration and went and voted.
4
5
So let's go to before you change your

Let's go back.
You talked at a meeting, I believe you said it

was a Tea Party meeting?
A.
Correct.
Q.
With Adrian Heath?
A.
Correct.
Q.
And who else was there?
10
A.
Well, the meeting had over 200 people there.
11
Q.
I'm sorry.
12
A.
My father was there.
13
Q.
What's your father's name?
14
A.
Peter Allison and Alice Allison.
15
Q.
Okay.
16
A.
And possibly my brother Robert was there, possibly my
17
18
In the conversation.
My mother was there.
sister -- or at least one.

Q.
Okay.
19
Well, I'm a little neglectful.
Let's go back.
Were you pretty much born and raised in Conroe?
20
A.
No.
21
Q.
Okay.
22
We moved here 11 years ago.

Eleven years ago.
Where did you go to school?
23
A.
I have been home-schooled my entire life.
24
Q.
Your entire life.
25
A.
My entire school life, yes.

281-723-9090
45
Q.
Did go to college?
A.
No.
Q.
Okay.
And I think -- so were your brother and sister
home-schooled, also?
A.
They were.
Q.
Okay.
A.
Mostly by my mom.
Q.
So -- and had you -- and you're working as a loan
By your mom and dad?

But, yes.
officer?
10
A.
I am.
11
Q.
For what company?
12
A.
For Mega Mortgage of Texas.
13
Q.
What they call a loan arranger, right?
14
A.
I'm a broker.
15
Q.
From the State of Texas?
16
A.
Yes.
17
Q.
Very good.
I hold a loan officer's license.
All right.
Now, let me get pack back to
18
that initial conversation that got you involved in this.
19
What did Adrian Heath tell you about this
20
21
22
election?
A.
Not so much about the election, just the RUD in
general and that there was an upcoming election.
23
Q.
What did he tell you about the RUD?
24
A.
That he had been -- he found a list of all the
25
entities in Montgomery County that have public debt and he had

281-723-9090
46
come across this RUD on this list and had no idea who they
were, what they did, and they were relatively more toward the
top of the list than the bottom.
he is, wanted to find out about it.
had conversations with their attorney down in Houston.
6
7
Q.
So he went digging and had
Well, back up a little bit.
Did he say how much debt
the road utility district had?
A.
He did.
Q.
All right.
10
So Adrian, being the guy that
I don't remember.
So then he said he had talked with the
RUD attorneys?
11
A.
He did.
12
Q.
Did he give you the name of that attorney?
13
A.
Mike Page.
14
Q.
Okay.
15
16
17
And what did he tell you about that?

MR. GLICKLER:
Your Honor, I'm going to object.
That question calls for hearsay.

MR. WRIGHT:
It's not being offered for the
18
truth of the matter asserted.
19
his state of mind at the time and really showing Adrian's state
20
of mind at the time and why he took the actions that he took.
21
MR. GLICKLER:
It's under 803.
It's showing
Well, it's his state of mind
22
isn't relevant at the time.
23
conversation between the Defendant and a lawyer that's relayed
24
between this witness, so it is hearsay.
25
MR. WRIGHT:
And on top of that, it's a
Which would show Adrian's state of

281-723-9090
47
mind at that time.
true, Your Honor.
We're not saying anything that was said was
THE COURT:
All right.
MR. GLICKLER:
Your objection?
My objection is hearsay and
relevance.
it's speculation, for that matter, true.
Mr. Heath's state of mind is, just what Mr. Heath said to him.
8
9
THE COURT:
14
Come on up here just for

jury.)
12
13
All right.
He does not know what
one moment so we can get something on the record.
10
11
Mr. Allison is the one on the witness stand and
THE COURT:
Can you proffer what he's going to
say?
MR. WRIGHT:
Honestly, I don't know.
He asked
15
him what did Adrian talk to you about.
16
and I think it's relevant to show Adrian's state of mind.
17
THE COURT:
He's opened the door
I know, but, you know, we got the
18
Crawford case kind of is a gatekeeper for -- in all fairness,
19
the other party always has a chance to test this and if it's
20
someone that is not here under Crawford, how does that pass
21
that constitutional test of being able to justify and verify
22
whether it's truthful or not?
23
MR. WRIGHT:
Well, it's not being offered for
24
the truth of the matter asserted and I told the jury that.
25
We're just trying to show why he took the steps he took.

281-723-9090
He
48
could have been told there is aliens coming down here in a
month.
But we're showing why he took --
THE COURT:
MR. GLICKLER:
What is the date this is occurring?
But my question was --
MR. WRIGHT:
THE COURT:
It's what got it started.

An element that we're litigating
here is whether the Defendant knew he was not eligible to vote.
9
10
Somewhere in late March or April.
MR. GLICKLER:
This is a question about the
attorney from the RUD --
11
THE COURT:
Well, I mean, isn't that information
12
that arguably could be taken into the calculus of what he knew
13
for the jury to pass on.
14
MR. GLICKLER:
15
knew.
16
issue.
17
He's not talking about what he
But he's also not asking about issues relevant to that

He's asking about issues about the RUD.
THE COURT:
The element is whether the Defendant
18
knew he was eligible or not -- whether he knew he was eligible
19
or not eligible to vote.
You say this passes toward that.
20
MR. WRIGHT:
21
THE COURT:
22
MR. WRIGHT:
Yes.
In what way?
In a way -- well, this goes to show
23
his motivation for registering and voting that way and that's
24
what's being offered, to show what his state of mind was.
25
got to have some intent, some motive, and knowledge.

281-723-9090
So it
He's
49
goes to all those things.
THE COURT:
You know what's very disturbing
about this is at the time of the applications, the applications
are making representations that the evidence shows are not
accurate.
MR. WRIGHT:
THE COURT:
That's correct.
All right.
I am kind of anxious to
know what lawyer would advise these people to put false
statements --
10
MR. GLICKLER:
That's where this is such a false
11
impression.
12
talking about the district and how the district operates.
13
Nothing about elections.
14
predicate to say this is related to an element.
15
16
This is the lawyer for the RUD utility district
There has been no questions of
MR. WRIGHT:
Right now what I'm focusing on is
why did these people get involved.
17
THE COURT:
You don't know what he's about to
18
say.
19
to have to wait and hold our breath.
20
You're telling me you don't know what -- so we're going
MR. GLICKLER:
Mr. Page didn't tell him anything
21
about you can vote or you can't vote.
22
Mr. Page about is about how the RUD operates, who the board is.
23
It had nothing to do with voting.
24
THE COURT:
25
MR. GLICKLER:
What Mr. Heath spoke to
So what's the problem there?

What Mr. Page says about the RUD

281-723-9090
50
is hearsay and not relevant to an element that we're trying.
2
3
MR. WRIGHT:
It is relevant to show the
motivation on why they took these steps and why they did this.
MR. GLICKLER:
Then it would be proper to come
from Mr. Heath and Mr. Page, but not what Mr. Heath told
Mr. Allison about what Mr. Page said.
7
8
MR. WRIGHT:
I think he opened the door.
9
10
He had wide-open questions to him.
MR. GLICKLER:
I did not ask him what Mr. Heath
said.
11
THE COURT:
Go to something else and when I
12
break, then I want to hear what he has to say what the lawyer
13
says before it gets in front of the jury, before I make a
14
ruling.
Okay.
15
16
THE COURT:
17
Q.
(BY MR. WRIGHT)
You may proceed.
Thank you.
Let me move on to something else.
18
Is when you talked to Adrian about -- well, did
19
you talk to Adrian in that meeting about voting in the May 8th
20
election?
21
A.
Yes.
22
Q.
Okay.
23
24
25
And what did Adrian tell you about having the
ability to vote in the May 8th election?

A.
That there was no residence requirement per the
election code or any sort of duration of residency because

281-723-9090
51
that's a civil rights information.
Q.
Okay.
had for that?
A.
And did he tell you on what authority that he
Well, he looked up the election code on what you had
to do to -- he had looked up the election code on what was
required to change residency.
Q.
Did he discuss any legal opinions with you?
A.
He had a Secretary of State brief and, I believe, an
attorney general's letter.
10
Q.
Okay.
11
A.
I did not.
It was a couple of days after.
12
Q.
Afterward.
All right.
13
14
And so did you look at those that evening?
MR. WRIGHT:
May I approach the witness, Your
Honor.
15
THE COURT:
16
Q.
(BY MR. WRIGHT)
You may.
I want to show you what's been
17
premarked as Defendant's Exhibit 1 and ask you if you recognize
18
that.
19
A.
Yes.
20
Q.
Now, is that a true and correct copy of the Secretary
21
of State's opinion that you just testified to that you were
22
given by Adrian that you looked at?
23
A.
It looks like it.
24
Q.
Okay.
25
A.
I have.
And you have read it and studied it?

281-723-9090
52
Q.
Okay.
registered --
A.
Yes.
Q.
-- and voted, right?
A.
Yes.
Well, you had read it before you went and
MR. WRIGHT:
Your Honor, I would tender a copy
of Defendant's Exhibit 1 to counsel for their review and ask
that it be admitted in this case versus examining that witness.
MR. GLICKLER:
No objection, Your Honor.
10
THE COURT:
11
(Defendant's Exhibit 1 admitted.)
12
Q.
(BY MR. WRIGHT)
Admitted.
Now, can you tell us about how many
13
days after you talked to Adrian did you get a hold of this
14
written opinion and read it?
15
A.
Two or three.
16
Q.
Okay.
17
A.
Adrian sent it to my dad, and my dad sent to it
18
19
So how was it that you got a copy to look at?
myself and my brother.

Q.
All right.
Now, was that a fairly, I guess, routine
20
type of way that you and your dad and Adrian and others in this
21
group would exchange information?
22
23
24
25
A.
Well, my informational exchange is nonexistent with
most of them except Adrian.

Q.
So, yes.
And it wasn't unusual for him to give you something
about an issue, some political issue, right?

281-723-9090
53
A.
No.
Q.
And years past, issues about elections upcoming, bond
issues, you and your dad and he would discuss these things,
correct?
A.
it to my dad.
to me.
8
9
Q.
Yeah.
He didn't have my e-mail address, so he sent
So, yeah, my dad would forward stuff from Adrian
And so you say that you then two or three days later
read this legal opinion.
10
A.
Correct.
11
Q.
All right.
12
Is that correct?
And what was it about this legal opinion
that made you believe that -- well, I guess I'm jumping ahead.
13
After reading this, did you decide that you
14
would change your registration and go vote?
15
MR. GLICKLER:
Your Honor, I'm going to object.
16
That calls for a legal conclusion as well as relevance.
17
not the one on trial.
18
THE COURT:
He's
His question was after reading this,
19
did you decide that you would change your registration and go
20
vote.
21
MR. GLICKLER:
22
THE COURT:
23
I think it was would or could.
I'm reading it, it says "would" on
the transcript.
24
MR. GLICKLER:
25
of this opinion is improper.
I still think that his analysis

Calls for a legal conclusion and

281-723-9090
54
it's a backdoor way of doing it and I object.
2
3
4
5
THE COURT:
A.
Overruled.
It wasn't particularly after I read it the light went
on, but it was definitely a major part.

Q.
(BY MR. WRIGHT)
Okay.
So what part -- I lost my
extra copy of this.
that made you think that it was okay to register at a hotel?
A.
But what part of this opinion did you read
I would have to look at it on the Elmo.
MR. WRIGHT:
10
Q.
(BY MR. WRIGHT)
11
review that.
12
A.
It's too blurry.

Let me bring it to you.
If you can
So it was talking about college students that were
13
living in college and voting either at college or at their
14
previous place of residence, and it's the conclusion that was
15
the most helpful.
16
that the college students can live at college and -- live at
17
college and then go home and vote or they could change their
18
residency to where there college was, be active in politics
19
where they were college and vote there and then -- but have the
20
intention of returning to their parents' house or somewhere
21
else once they graduated.
22
It basically says after -- the opinion was
So basically the conclusion said, no more or
23
less can be required of college students during the voter
24
registration process than any other Texas voter.
25
hold college students to more lenient standard than anybody

281-723-9090
So you can't
55
else.
No Texas -- voter registrar may require an affidavit or
questionnaire in addition to the information required to get a
voter registration certificate.
age of majority is presumed to make a factual statement about
his or her voting residence.
the best position to make a statement about the residence of
the student.
determining where they live and Texas law does not require a
10
Everybody else has the right to change their registry.
A person who has reached the
So moreover, the student is in
So the student is the only person capable of
statement of duration of future residence.
11
So I don't have to tell the registrar I'm going
12
to be here for a year or two years.
You just tell them I'm
13
living here and that's it.
14
college students as well as to other voters and no more can be
15
required of them to register to vote in the State of Texas.
16
basically, college students that want to vote at college and
17
vote home is perfectly legal and that's the same requirement
18
for everybody in Texas.
So these principles apply to
Not just college students.
19
Q.
But you read the whole opinion?
20
A.
I did.
21
Q.
Not just the conclusion?
22
A.
Yeah.
23
Q.
All right.
No, I read the whole opinion.

And so basically, then, would there --
24
was there case law -- well, the case law in this opinion that
25
cites cases --

281-723-9090
So
56
A.
It does.
Q.
And it takes bits and pieces from those cases and
says that you can rely on this case from, like, the Texas
Supreme Court?
A.
Correct.
Q.
And so then they take all these different cases in
this opinion or these different elements, I guess, of residency
and put them in this conclusion?
A.
Correct.
10
Q.
Okay.
11
And so was one of those cases, I guess, that
was cited called to Mills v. Bartlett.
12
MR. GLICKLER:
Your Honor, I'm going object to
13
him going into case law.
First of all, it's not in evidence.
14
Second of all, this witness says he does not remember what was
15
in it.
16
personal knowledge and the case law is improper.
He's just reading the exhibit, so he doesn't have
17
THE COURT:
He is just asked the question off of
18
an exhibit that's been admitted into evidence, and I'll let you
19
bring it up.
20
feel like is contrary to the rules of evidence.
21
question -- in just the way it was couched is not inadmissible.
22
I overrule your objection.
23
If he wants to explore further in a way that you

But this
Go ahead.
24
Q.
(BY MR. WRIGHT)
Do you remember the question?
25
A.
I don't think you got to the question; or if you did,

281-723-9090
57
I don't remember.
Q.
Well, the question was:
When you read this entire
opinion, then, to -- in the cases that were cited in it, did
you see the case of Mills v. Bartlett?
A.
I remember that name.
Q.
All right.
Did you go and look that case up and read
that case independent of this?
A.
I didn't.
Q.
Did you discuss Mills v. Bartlett with Adrian?
10
A.
11
Q.
And then you said you also had relied upon or looked
12
at -- you said it was a letter from the attorney general?
13
A.
I believe that's what it was.
14
Q.
Greg Abbott.
15
16
I want to show you what's been premarked as

Exhibit 3 and ask if you recognize what that is.
17
18
Okay.
A.
This looks to be the letter -- this looks to be the
letter from the attorney general.
19
Q.
Okay.
20
A.
Correct.
21
Q.
Officially, it's an official opinion, correct, for
23
A.
Yes.
24
Q.
Did you read this thoroughly about the same time that
22
25
And that's -- it looks like a letter, right?
2004?
you read the Secretary of State opinion?

281-723-9090
58
A.
Yes.
Q.
Okay.
And did reading this opinion also help to form
the basis of your determining or deciding to go and change your
registration and vote?
A.
Yes, it did.
MR. WRIGHT:
Okay.
I'm tendering Defense
Exhibit 3 to counsel for their review and ask that it be
admitted for this trial.
MR. GLICKLER:
No objection.
10
THE COURT:
11
(Defense Exhibit 3 admitted.)
12
Q.
(BY MR. WRIGHT)
Be admitted.
Can you tell us what was it in that
13
Attorney General Greg Abbot's opinion that lead you to believe
14
that you could pick your residence at a hotel?
15
A.
I would have to go through it, but basically a
16
qualified voter is somebody who is 18 years of age, a citizen
17
of the United States, is not mentally incompetent, has not been
18
convicted of a felony, and is a registered voter.
19
to read through it to find where the more pertinent parts were.
20
Q.
It's been like three and a half years?
21
A.
Yeah.
22
I would have
But basically it kind of reiterated the same
things along the line of this Secretary of State opinion.
23
Q.
Okay.
24
A.
That's there's no residency required, there's no
25
And so --
residency duration requirement to vote.

281-723-9090
59
1
2
Q.
All right.
So you're using the words "there is no
duration requirement."
That's what they use in these opinions?
A.
Don't quote me on that, but, yes.
Q.
Okay.
And so did they end up -- or did you recognize
some of the same, I guess, case citations in the attorney
general's opinion that were in the Secretary of State's
opinion?
A.
I can't say.
Q.
You can't remember?
10
A.
Yeah, I can't remember.
11
Q.
I'm trying to find that section you were talking
12
about.
Okay.
I think this might have been the operative.
13
Page 4, I guess, of the opinion, did you read this near the top
14
of the page?
15
A.
Yes.
16
Q.
-- off and on, off and on.
Can you see that?
17
18
On
I know your screen is --
Where it says the court declared the meaning of

the term "residence" for voting purposes.
Do you see that --
19
A.
Yes.
20
Q.
-- in that paragraph?
21
A.
Yes.
22
Q.
It says, depends upon the circumstances surrounding
23
the person involved, largely depends upon the present intention
24
of the individual, correct?
25
A.
Correct.

281-723-9090
60
Q.
So when it says, "Volition, intention, and action are
all elements to be considered in determining where a person
resides and such elements are equally pertinent of the
permanent residence or domicile."
"Neither bodily presence alone or intention alone will suffice
to create residence, but when the two coincide at that moment,
the residence is fixed and determined."
Then it goes on and says,
Now, had you read that?
A.
I had.
10
Q.
And it says, "There is no specific length of time for
11
bodily presence to continue."
12
A.
Correct.
13
Q.
Okay.
14
So that was in your mind when -- after -- you
read both of these opinions; is that correct?
15
A.
It was.
16
Q.
Okay.
Now, after reading these opinions, what else
17
did you do to try to verify this idea that, well, you can just
18
pick where you want to vote from?
19
A.
I pulled up the election code of Texas related to the
20
governance of elections and who is eligible to vote and when
21
and where and how.
22
23
24
25
Q.
Okay.
And did you look up the meaning of residence
Yes.
Well, I looked up a part of the election code
in that?
A.
and if you showed it to me, I would recognize it.

281-723-9090
But I don't
61
remember if it specifically defined the term "residence."
would think it did, but --
MR. WRIGHT:
Let me approach the witness, Your
Honor, if I may.
Q.
(BY MR. WRIGHT)
Defendant's Exhibit 4.
it.
I want to show you what's marked as
Not a good copy.
It's got splotches on
But this Section 1.015 says "residence" there?
A.
Correct.
Q.
And is that one of the things that you looked up in
10
the election code before you made your decision?
11
A.
Yes.
12
Q.
Okay.
13
A.
Yes, it was.
14
MR. WRIGHT:
Your Honor, I'm tendering a copy of
15
Defendant's Exhibit 4 to counsel for their review.
16
it be admitted in evidence in this case.
17
MR. GLICKLER:
18
information on Defendant's Exhibit Number 4.

THE COURT:
20
MR. GLICKLER:
Your Honor, there is extraneous
19
21
22
23
I ask that
Let me see.
I actually have a clean copy that
I would be happy to substitute.

THE COURT:
This is not acceptable.
Do you want
to re-mark that?
24
MR. WRIGHT:
25
Okay.
Can I do that?
Thank you.
May I approach the witness again, Your

281-723-9090
62
Honor.
Q.
it?
2010?
(BY MR. WRIGHT)
Okay.
That's a better copy, isn't
Basically says the same thing that you had read back in
A.
Yes.
Q.
Okay.
MR. WRIGHT:
And if I can approach the Elmo?
THE COURT:
For the record, though, it hadn't
been admitted yet.
10
MR. GLICKLER:
11
THE COURT:
12
No objection.
You have tendered it.
No objection.
Defendant's Exhibit 4 is admitted.
13
14
Q.
(BY MR. WRIGHT)
Can you see that?
15
A.
Yes.
16
Q.
Is it too blurry?
17
A.
No.
18
Q.
Okay.
Now, the first section where it reads,
19
"Residence means domicile, that is, one's home and fixed place
20
of habitation to which one intends to return after any
21
temporary absence."
22
sound like that in this case back in 2010, that it's your mom
23
and dad's home?
Okay.
24
A.
It could, yes.
25
Q.
All right.
Now, at first blush, doesn't that
So what was it about the cases that you

281-723-9090
63
read that lead you to believe that it doesn't have to mean
that?
A.
Well, it means that because that's the law, but the
question is what is temporary.
So when you look at the
Secretary of State opinion, a college student living away from
home for two years can come back and vote in the election.
obviously that two years is defined as temporary.
that's the law, but the question is what do you mean by
temporary.
So, yes.
were allowing college students to be away from their home,
11
their residence where they were registered to vote for two
12
years, come back and vote.
13
to be considered temporary.
15
Q.
And in order to be legal, that has
So Paragraph B, it says, "Residence shall be
determined in accordance with common-law rules."
16
17
So
And based on the Secretary of State's opinion, they
10
14
So
THE REPORTER:
Q.
(BY MR. WRIGHT)
I can't hear you.
Paragraph B says, "Residence shall
18
be determined in accordance with the common-law rules as
19
enunciated by the courts of this state, except as otherwise
20
provided by this code."
Is that clear on the screen up there?
21
A.
Yes.
22
Q.
Okay.
23
A.
Well, that's kind of a legal question; but my
So what did you think that meant?
24
interpretation would be that -- so residence is determined by
25
the common law, what the common law dictates as residence with

281-723-9090
64
the exception of case law and whatever else we talked about in
the preceding or in the subsequent law in the code here.
Q.
Okay.
So did you take that in your mind to mean
that -- that meant you can look at the case law to decide how
to pick your residence?
A.
Yes.
Q.
All right.
And so -- now, and all this you read
within a week, I guess, of talking to Adrian?
A.
Two weeks.
10
Q.
Two weeks.
Okay.
11
And did you consult with anybody else about what
12
you could do about changing your residence for voting purposes?
13
A.
My father.
14
Q.
And did you-all do any research in addition to what
15
you have testified to here today?
16
A.
No.
17
Q.
And did you talk to any attorneys about it before you
18
voted?
19
A.
No.
20
Q.
So you had basically decided that based on the law
21
that you had been given by Adrian -- and did he say where he
22
got that from?
23
A.
No.
24
Q.
But you had concluded it was all right because it
25
would be your choice to say my residence for voting purposes is

281-723-9090
65
the Residence Inn?
A.
Correct.
Q.
And all you had to do was to be there at some point
in time before the election, right, a physical bodily presence?
A.
Yes.
Q.
Okay.
A.
I relied on it a lot, yeah.
Q.
Your intention and bodily presence there let you do
10
A.
Correct.
11
Q.
Now, after the election, issues came up.
12
Was that a phrase that you relied upon?
that?
There was a
challenge, correct?
13
A.
Correct.
14
Q.
Did your opinion of that -- being able to change your
15
residence for voting purposes and go vote, did your opinion of
16
that change?
17
A.
No.
18
Q.
Okay.
19
the election?
20
A.
Yes.
21
Q.
And who were they?
22
A.
Eric Yollick.
23
Q.
How did you come to talk to Eric Yollick?
24
A.
Through Mr. Jenkins.
25
Q.
Jim Jenkins?
Was there any lawyers that you talked to after

281-723-9090
66
A.
Correct.
Q.
He was one of those that stayed at the hotel and
voted and all that?
A.
Correct.
Q.
And when you-all were staying overnight before the
election and went and voted, you went all at the same time,
correct?
A.
We did.
Q.
And you weren't trying to hide anything, correct?
10
A.
No.
11
Q.
Did you believe what you were doing was perfectly
12
legal?
13
A.
I did, yes.
14
Q.
Okay.
15
Now, after the election and there's a
challenge, then you talked to Eric Yollick?
16
A.
Correct.
17
Q.
All right.
18
Why did you go and start staying again at
the Residence Inn?
19
A.
That was his strong advice.
20
Q.
I'm sorry?
21
A.
That was his strong advice.
22
Q.
Strong advice.
23
24
25
Do you remember what words he used to tell you

do that?
A.
No, not a quote, but basically a paraphrase.

281-723-9090
67
Somebody needs to go back there now.
Q.
Okay.
A.
Correct.
Q.
And so did -- and others went back, right?
A.
I don't know.
Q.
And then stayed for quite sometime.
10
11
12
13
I know myself and my brother did and
Mr. Curry.
So then you just did what the lawyer told you?
Now, did Mr. Yollick tell you why you should do

that?
A.
Well, his reasoning was it would present a better
face to the situation.

Q.
All right.
And did you think that was necessary
under the law as you understood it when you voted?
14
A.
No.
15
Q.
And so this idea of let's go back to the hotel and
16
let's take photographs, let's hold up the newspaper, show our
17
voter card, all that stuff, eating meals, playing basketball,
18
that was all Mr. Yollick's idea?
19
A.
Some of the photographs were taken prior to the
20
election.
21
election, he wanted that evidence.
22
23
Q.
I have no idea which ones were which.
Okay.
But after the
So those things were done because the attorney
advised you that you needed to go do that?
24
A.
Yes.
25
Q.
So basically you followed the legal advice that you

281-723-9090
68
read when you changed your voter registration, correct?
A.
Correct.
Q.
And then when you had an attorney after the election
tell you go stay at the hotel, you followed his legal advice.
Is that correct?
A.
Correct.
Q.
Did you talk to Adrian Heath after the election about
going back to stay at the hotel and that being necessary?
A.
It came up in the meeting.
10
Q.
Okay.
11
A.
He was against it.
12
not cheap.
13
cost.
14
Q.
And what did Adrian say?

He thought it was unnecessary and
So he was opposed to it for necessary reasons and
Okay.
Were there any other attorneys or legal
15
authorities that you heard from or you relied on after the
16
election to go and stay at the hotel?
17
A.
No.
18
Q.
Okay.
About how much time before you decided to
19
switch your voter registration, about how many hours did you
20
spend researching or studying this issue before you decided it
21
was legal to do it?
22
23
24
25
A.
Not much.
Maybe -- including conversations with
people, maybe three hours.

Q.
Okay.
So before you cast that vote, did you have any
idea or inkling that you might be committing a third degree

281-723-9090
69
felony?
A.
Absolutely not.
Q.
Did you get a letter from First Assistant District
Attorney Phil Grant?
A.
No.
Q.
Were you aware of any other people who were
registered voters who were living in a hotel or showing a hotel
as their residence?
A.
Adrian brought one to my attention.
10
Q.
And where were they staying?
11
A.
At the Residence Inn.
12
Q.
And is that one reason --
13
A.
Can you repeat your first question?
14
Q.
Well, were there other people that were using a hotel
15
as their residence for voting purposes?
16
A.
Okay.
There was one person living at the Residence
17
Inn.
I don't know if he was registered to vote or not, but he
18
was claiming the Residence Inn as where he lived.
19
Q.
Did you know about the man?
20
A.
No.
21
Q.
Did you meet him while you were there?
22
A.
No.
23
Q.
Okay.
Did Adrian tell you -- before you decided to
24
change your registration, did he tell you how many registered
25
voters that he had found that existed in the RUD district?

281-723-9090
70
MR. GLICKLER:
I'm going to object to that
because he has no personal knowledge.
Defendant.
evidence to come through this witness.
It's self-serving and there is no basis for that
THE COURT:
MR. WRIGHT:
7
8
9
It's hearsay from the
Sustained.
I pass the witness, Your Honor.
REDIRECT EXAMINATION
BY MR. GLICKLER:
Q.
Mr. Allison, the Secretary of State opinion and the
10
attorney general opinion both discussed the same set of facts,
11
correct?
12
A.
Correct.
13
Q.
It was the students at Prairie View A & M who were
14
being prohibited from registering to vote in Waller County,
15
correct?
16
A.
Yes.
17
Q.
And these are the two opinions that Mr. Heath
18
referred you to that you read?
19
A.
Yes.
20
Q.
And you think reading these opinions and registering
21
to vote from a hotel where you stayed one night, that's a
22
reasonable interpretation of what these opinions say?
23
reasonable?
24
A.
That was the conclusion I came to.
25
Q.
Okay.
That's
Do agree -- do you think today, as you sit

281-723-9090
71
there, that that's a reasonable conclusion, having reexamined
this for more than three hours now?
A.
It's part of the problem -- well, you'll see in that
Secretary of State opinion says an order is not clearly
identified in the State of Texas.
6
7
Q.
That's one sentence in the seven-page opinion,
correct?
A.
Correct.
Q.
All right.
10
11
We're going examine that.
MR. GLICKLER:
Mr. Wright, I think, did you
return the defense exhibits up here.
12
MR. WRIGHT:
13
MR. GLICKLER:
I don't want to get on -I understand.
14
4.
15
the actual exhibits with you and my copies, take up there with
16
me.
17
18
Is this thing still blinking on you.
Where did you put
Q.
(BY MR. GLICKLER)
I'm going to leave
Now, Mr. Allison, you were not
indicted, correct?
19
A.
Correct.
20
Q.
You did not testify at Grand Jury?
21
A.
I did not.
22
Q.
You did not have an agreement, correct?
23
A.
Not to my knowledge, no.
24
Q.
Okay.
25
A.
Correct.
And your brother is the same circumstances?

281-723-9090
72
Q.
He wasn't indicted or charged?
A.
He was not.
Q.
Neither one of you own property or are homeowners,
correct?
A.
We are not.
Q.
Okay.
Showing you State's Exhibit 18, application
for the residential homestead exemption for the year 2010.
you see the name of Sybil Doyle on this document?
Do
A.
I do.
10
Q.
She was one of the folks who voted from the Residence
11
Inn, correct?
12
A.
Correct.
13
Q.
Did you ever see her at the Residence Inn?
14
A.
I saw her the morning we voted.
15
Q.
Okay.
16
A.
I don't know.
17
Q.
Okay.
18
Did she stay the night?
And this is not the address for the Residence
Inn on her homestead exemption, correct?
19
A.
It is not.
20
Q.
Pete Goeddertz, is he one of the voters?
21
A.
He was.
22
Q.
Is that the address for the Residence Inn?
23
A.
No.
24
Q.
Okay.
25
158 --
So he had a homestead exemption at a property
different from the Residence Inn, correct?

281-723-9090
73
A.
He does.
Q.
Jim Jenkins, is he one of the voters?
A.
He was.
Q.
Registered to vote at the Residence Inn?
A.
Yes.
Q.
Had a homestead exemption on Pastoral Pond?
A.
Yes.
Q.
Roberta Cook, is she related to Ms. Doyle?
A.
I believe so.
10
Q.
How?
11
A.
I believe she's their daughter.
12
Q.
Okay.
13
And she has a homestead exemption at an
address other than the Residence Inn?
14
A.
Yes.
15
Q.
Is she one of the voters?
16
A.
She was.
17
Q.
Did you also see her only on the morning of the vote?
18
A.
I did.
19
Q.
Mr. McDuffee, is he one of the registered voters who
20
used the Residence Inn address?
21
A.
Yes.
22
Q.
Did he have a homestead at another address?
23
A.
Yes.
24
Q.
He owned a home, correct?
25
A.
Correct.

281-723-9090
74
Q.
Mr. Curry, is he one of the voters?
A.
He was.
Q.
And he had a home in Stonecrest?
A.
He did.
Q.
And the Defendant, Mr. Heath, was he one of the
voters?
A.
He was.
Q.
He had a homestead exemption at Stony Brook -- Stony
Bridge?
10
A.
Correct.
11
Q.
All right.
12
And Mr. Berntsen and Mr. Allison, your
father had one as well, correct?
13
A.
He does.
14
Q.
Okay.
So, you and your brother, your specific
15
circumstances were different than the other eight voters in
16
that regard as to having a homestead exemption at all, correct?
17
A.
They are.
18
Q.
Okay.
Now, we're going to look at the AG opinion and
19
the Secretary of State opinion in a minute.
You agree it
20
references the situation involving the college students at
21
Prairie View A & M?
22
A.
Correct.
23
Q.
How many of the ten of you who voted from the
24
Residence Inn were college students at a four-year,
25
live-on-campus university in May of 2010?

281-723-9090
75
A.
None of us.
Q.
How about in April of 2010?
A.
None of us.
Q.
How about in March of 2010?
A.
None.
Q.
Okay.
Isn't it true that these opinions using case
law said that college students were being held to a tougher
standard because they were presumed to live with their parents
until they graduated college, even though you could have
10
someone who lives in Beaumont going to college at Texas Tech
11
University, a thousand miles away?
12
having to vote, based on the presumption of the law, and this
13
allowed college students to vote based on their specific
14
circumstances.
Is that correct?
15
A.
Correct.
16
Q.
Okay.
17
okay.
And Defense Exhibit 4, the law on residence --
I'm going to come back to it.
18
19
They were being forced to
But the fact of the matter is both of these

opinions have that law quoted in them, don't they?
20
A.
They do.
21
Q.
Okay.
Now, in determining where someone's residence
22
under the election code, even the conclusion of the Secretary
23
of State is that there is a presumption, correct?
24
A.
Yes.
25
Q.
"A person who has reached the age of majority is

281-723-9090
76
presumed able to make a factual statement about his or her
voting residence.
be in the best position to make such factual statements about
the residence of the student."
Moreover, the college student is presumed to
Do you see that?
A.
Yes.
Q.
Presumptions can be rebutted, can they not?
A.
I --
Q.
Have you ever heard the phrase "a rebuttable
presumption"?
10
A.
Actually, yes, I have.
11
Q.
Okay.
Just recently.
So there might be a circumstance where on the
12
surface something appears one way and that would be a
13
presumption; but when you look at the facts behind it, you can
14
rebut the presumption and say actually that's not the
15
circumstance.
16
THE COURT:
17
MR. GLICKLER:
18
Q.
(BY MR. GLICKLER)
Is that a question?
I'm setting up my next one.
So let's look at the
19
circumstances.
The Secretary of State's opinion, eight pages,
20
directed to the governor, specifically the opinion is
21
concerning how Section 1.015, the definition of residence, how
22
1.015 of the Texas election code applies to college students
23
currently attending Prairie View A & M University, right?
24
A.
Correct.
25
Q.
Okay.
And as we flip through this opinion, the

281-723-9090
77
question, what is the proper interpretation and application of
the code in the context of voter registration by and residency,
residency in quotes, of college students.
being asked here, is it not?
A.
Correct.
Q.
Okay.
That's the question
Then the first thing we see in the Secretary
of State's opinion is before we even get to the definition of
residence, you have to be eligible to vote, which is part of
the element of the crime that we're dealing with in this
10
courtroom this week, correct?
11
A.
Correct.
12
Q.
And to be eligible, you have to be qualified.
So the
13
Secretary of State lays out the law.
To be eligible, you have
14
to be qualified, you have to be a resident of the territory,
15
and satisfy other requirements.
16
citizen, not mentally incompetent.
17
a juror for the most part, right?
Qualified voter is 18, a

Kind of sort of like being
18
A.
Correct.
19
Q.
Not convicted of a felony.
And just to emphasize,
20
this statute shows you that you are a qualified voter if you
21
have been convicted, but you've been fully discharged of a
22
prison sentence or you've been pardoned and you're out from
23
under the burden of the felony conviction, you're still a
24
qualified voter under the law, correct?
25
A.
Correct.

281-723-9090
78
1
2
Q.
Okay.
And then this opinion has a definition of
residence, same as Defense Exhibit Number 4, correct?
A.
Yes.
Q.
Paragraphs A, B, C, D, and E.
And that opinion --
and this is the Secretary -- let me ask you this question.
said you read the Secretary of State opinion and the attorney
general's opinion.
justice are something that, you know, symbol of being here.
Which one would you say you place more reliance on than the
10
11
12
You
We are in the courtroom and the scales of
other?
A.
Based on -- well, I would say the Secretary of State
opinion.
13
Q.
Okay.
14
A.
Because he is the interpreter of the election code by
15
16
Based on what?
statute in Texas.
Q.
Do you know under the statute what the Secretary of
17
State's office does with referrals about complaints about
18
proper -- possible illegal conducts in elections?
19
A.
Refer them to the AG.
20
Q.
Okay.
Additionally, the AG opinion couches out -- a
21
lot of the language in the AG opinion is couched in terms of
22
what voter registrars are allowed to do with voter registration
23
applications, right?
24
A.
Correct.
25
Q.
And also with whether or not their statements on the

281-723-9090
79
voter registration applications are true or false, correct?
A.
Correct.
Q.
It emphasizes more not residents.
4
5
And so would that
be why you rely more on the Secretary of State's opinion?

A.
Well, insomuch -- I mean, the Secretary of State is
taxed by law with interpreting the election code.
that would be my primary reason.
8
9
Q.
Okay.
So I think
Nonetheless, if we look at the definition of
residence, quote it in the opinion verbatim, what does domicile
10
mean to you?
11
A.
It's where you live.
12
Q.
Okay.
And, in fact, on the voter registration
13
application where it says "residence" in the printed form, it
14
says describe where, what?
We read it earlier?
15
A.
Where it -- describe where you live.
16
Q.
Where you live.
17
Okay.
One's home.
Where is your home today?
18
A.
14993 Boyd Lane.
19
Q.
Where was your home in April of 2010?
20
A.
14993 Boyd Lane.
21
Q.
And where was your home in July of 2010?
22
A.
14993 Boyd Lane.
23
Q.
How long has that been -- when did you first make
24
25
that your home?

A.
November of 2002.

281-723-9090
80
Q.
Okay.
So 2002.
This is 2013.
We're on year 11.
That's 132 months.
And for all but approximately two, there's
no question that your home was Boyd Lane, correct?
A.
Correct.
Q.
All right.
Between 1 and 132, does the Number 2
sound much less significant to you out of 132?
A.
Yes.
Q.
That's a tiny percentage, isn't it?
A.
Yes.
10
Q.
Okay.
11
A.
That's your house.
12
Q.
Okay.
What does habitation mean to you?
And Boyd Lane, that is where you returned at
13
the end in the summer of 2010.
You returned there.
14
there before and you returned there.
You were
Is that correct?
15
A.
Correct.
16
Q.
Paragraph B is really legalese.
"Residence shall be
17
determined in accordance with common-law rules as enunciated by
18
the courts of this state, except as otherwise provided by the
19
code."
20
to determine how to comply?
So do you understand that to mean you look to the code
21
A.
22
in this code.
23
Q.
24
25
It's determined by common law except where case law
All right.
So the code is first.
The answer is not
in the code, then you go to common law, right?

A.
If the code contradicts common law, then the code

281-723-9090
81
is --
2
3
Q.
Then the code reigns.
I feel like I'm in the Pirates
of the Caribbean.
C, "A person does not lose a person's residence
by leaving a person's home to go to another place for temporary
purposes only."
months out of 132 is a temporary time period?
Okay.
In general, would you agree that two
A.
Yes.
Q.
"A person does not acquire a residence in a place to
10
which the person has come for temporary purposes only and
11
without the intention of making that place the person's home,"
12
correct?
13
A.
Correct.
14
Q.
And you testified earlier, but I want to emphasize,
15
after the election, what was the Defendant's position about
16
returning to the hotel?
17
A.
That it was not necessary.
18
Q.
Okay.
Paragraph E refers to inmates.
19
past that.
20
facts and circumstances yet.
21
law.
22
says what?
23
paragraph -- on Page 4 regarding Paragraph A?
24
25
Now, this is Page 3.
So we'll go
We haven't even discussed the
Now we will talk about some case
And regarding applicable federal cases, the last sentence
A.
I have highlighted it.
What's the last sentence in
"It is the opinion of this office that the decisions
in Whatley and Texas are binding, definitive precedents in this

281-723-9090
82
state with respect to issues concerning the rights of students
to register to vote."
Q.
The rights of who?
A.
Students.
Q.
Okay.
Then we discuss applicable state cases.
paragraph says what?
screen?
A.
Yes.
Q.
Can you read that sentence, please?
10
A.
"College students, and other traveling Texans,
First
You see where I'm pointing to on the
11
including those in the United States military, have, on a
12
number of occasions, expressed concerns to personnel in my
13
office about their proper residency for voting purposes due to
14
the fact that their lives are," quote, "split," end quote,
15
"among one or more physical locations."
16
Q.
Were you a college student in May of 2010?
17
A.
No.
18
Q.
Was Adrian Heath?
19
A.
No.
20
Q.
Were you a traveling Texan in May of 2010?
21
A.
No.
22
Q.
Was Adrian Heath?
23
A.
24
Q.
You have known him seven years.
25
He's always been
here in Montgomery County, hasn't he, except when he travels?

281-723-9090
83
A.
Yes.
Q.
Does he have an RV?
A.
I don't know.
Q.
Do you?
A.
No.
Q.
Is he in the United States military?
A.
No.
Q.
Are you?
A.
No.
10
Q.
Is your life -- in May of 2010, was your life split
11
among one or more physical locations?
12
A.
In May?
13
Q.
Was your life -- yeah, was your life split among one
14
or more physical locations?
15
A.
Yeah.
I was at the Residence Inn.
16
Q.
Okay.
In April of 2010, was your life split among --
17
A.
No.
18
Q.
In July of 2010, was your life split among one or
19
more physical locations?
20
A.
No.
21
Q.
Does your dad own a second property somewhere, a
22
vacation home, a lake home, or anything --
23
A.
He does not.
24
Q.
Does Adrian Heath?
25
A.
I don't know.

281-723-9090
84
1
2
Q.
Okay.
Then when we turn to Page 5 of the Secretary
of State's opinion --
THE COURT:
MR. GLICKLER:
I have some.
THE COURT:
Okay.
for about ten minutes.
9
10
We can take a break, Your Honor.
I'm on Page 5.
Do you have much more?
All right.
Let's take a break.
Ladies and gentlemen, we'll take a break

Thank you very much.
(At this time the jury is excused to the jury

room.)
11
(Brief recess.)
12
(At this time the jury returns to the
13
courtroom.)
14
THE COURT:
15
MR. GLICKLER:
16
THE COURT:
17
Q.
Please be seated.
May I continue.
You may.
(BY MR. GLICKLER)
Mr. Allison, on Page 5 of the
18
Secretary of State's opinion, it goes on to quote, it says that
19
that meaning must be given to it, indicating residence, depends
20
upon the circumstances surrounding the person.
21
correct?
22
A.
Correct.
23
Q.
Okay.
24
25
And again, this opinion is discussing the
context of students, correct?

A.
Is that
Yes.

281-723-9090
85
Q.
And if we flip to the AG opinion, Defendants
Exhibit 3, the AG opinion, for a moment, on Page 4, the same
quote, depends upon the circumstances surrounding the person
involved, correct?
A.
Correct.
Q.
Okay.
And if I just flip through the AG opinion,
just quickly Page 1, talking about students, Prairie View A & M
University.
question.
Page 4 talks about students.
10
students.
Do you see this?
Page 2 is the law.
11
A.
Yes.
12
Q.
All right.
13
Page 3 is the law and then a

Page 5 talks about
Page 6 talks about students from Prairie
View A & M, Waller County; is that correct?
14
A.
Yes.
15
Q.
Page 7 goes first into the specific incidence
16
involving Waller County, correct?
17
A.
Uh-huh.
18
Q.
And then the summary, the first two paragraphs of the
19
summary talk about the law and the election code and then
20
residence.
21
he talks about students.
22
about the administrative procedures, correct?
23
you and I discussed earlier why this was less pertinent to you,
24
correct?
25
A.
And he talks in the third paragraph of the summary,

In the fourth paragraph, he talks
Correct.

281-723-9090
And that's what
86
Q.
And then it's signed.
So getting back to the reasonableness of this
interpretation, this opinion, does make it clear that the
voter's intention under Texas courts must be reviewed to make a
final determination of residence, right?
A.
Yes.
Q.
Does that -- can you read that whole sentence
8
9
starting with the majority, please?

A.
"The majority of Texas courts have consistently ruled
10
that residency is a combination of intention and fact, and that
11
the voter's intention must be reviewed to make a final
12
determination of residence."
13
14
Q.
So this opinion tells you that a person's residence
does get determined in courts at times, does it not?
15
A.
Correct.
16
Q.
Does it -- now, does it say that the voter's
17
intention is the only issue that matters or is it that it is
18
one of several issues?
Or really two here, right?
19
A.
Intention and fact.
20
Q.
Intention and fact, correct?
21
A.
Correct.
22
Q.
So someone can say that their intention is A and then
23
if all the facts show that it was something else, that could
24
rebut a presumption, right, based on intent?
25
A.
It could.

281-723-9090
87
Q.
Okay.
Now, this opinion talks mostly about students,
but says -- and references soldiers.
Texans.
A.
Yes.
Q.
What is a snowbird in your mind?
A.
Somebody that comes to Texas in the winter months to
7
8
9
It also says winter
Have you ever heard the phrase "snowbird"?
get away from the snow wherever they currently live.

Q.
Proving the theory that not everybody born in the
north likes snow and cold, right?
10
A.
Right.
11
Q.
Okay.
And the other thing is someone that you
12
considered -- if you considered someone to be a snowbird, a
13
winter Texan, would you agree that that is a person whose life
14
is split between at least two places?
15
A.
Yes.
16
Q.
Okay.
And then at the end of the Secretary of
17
State's opinion or towards the end, now they discuss the
18
application to student voters in Texas, right?
19
A.
Correct.
20
Q.
And the application to students is discussed in
21
Page 6 and Page 7; is that correct?
22
A.
Yes.
23
Q.
And it concludes -- can you read the conclusion of
24
25
that section of the opinion?

A.
"In sum, when a student registers to vote and

281-723-9090
88
describes his or her permanent residence in Texas for voting
purposes, the presumption is in favor of the voter's factual
statement on the face of the application."
Q.
Right.
"The presumption is in favor of the voter's
factual statement," but this is talking about students,
correct?
A.
Correct.
Q.
Okay.
And is it -- in your understanding regarding
duration, is it your understanding that there's no specific
10
duration required for someone to live under the definition of
11
residence, that it just uses the word "temporary"?
12
you understand it?
Is that how
13
A.
What reference are you using the word "temporary"?
14
Q.
Well, as it's defined -- as it's part of the
15
definition of residence in the election code.
16
period, but it says you don't get a residence -- you don't
17
require a residence in a place you went to for a temporary
18
purpose?
19
A.
Correct.
20
Q.
Okay.
There is no time
This is based on a Supreme Court decision
21
striking down a period of time required to live before you
22
could vote, correct?
23
A.
Correct.
24
Q.
So I'll ask you again, as you sit there today, you
25
think it's reasonable for none of you ten who were -- none of

281-723-9090
89
you were college students.
None of you were soldiers.
None of
you were snowbirds.
Do you think it's reasonable to rely on that Secretary of State
opinion to stay in a hotel one night and be eligible to vote
with that hotel as your residence?
None of you were traveling enthusiasts.
A.
I did.
Q.
All right.
A.
No.
Q.
And what was the real purpose that you and the others
Do you believe that now?
10
chose to reside at that hotel on that day?
11
wanted to do?
12
A.
To vote in the election for the RUD board members.
13
MR. GLICKLER:
14
MR. WRIGHT:
15
THE COURT:
16
17
18
Pass the witness, Your Honor.

One thing in follow-up.
Yes, sir.
RECROSS-EXAMINATION
BY MR. WRIGHT:
Q.
Is that the Secretary of State opinion?
19
20
What was it you
You keep being asked over and over about this is

for students, this is for students only, right?
21
A.
Correct.
22
Q.
Okay.
And I think you had indicated to me in the
23
last -- in the conclusion paragraph, something about whether or
24
not this law that they were talking about students applied to
25
everybody equally?

281-723-9090
90
A.
That is my understanding of that.
Q.
So when you decided to change your registration, you
were relying on that -- I think it's about the last sentence in
the conclusion?
A.
It's a paragraph.
Q.
Okay.
A.
Yeah.
Q.
Okay.
A.
It's starts out that way and it ends that way.
10
Q.
All right.
11
12
The entire paragraph?
And so what words were you relying on, if
you could read them for the jury?

A.
"No more or less can be required of college students
13
during the voter registration process than any other Texas
14
voter."
15
Q.
16
17
18
19
20
Okay.
And so you took that to mean equal treatment
of all voters?
A.
That college students, snowbirds, and military are
not a special class of voters.

Q.
All right.
So that you could choose your residence
or Adrian could; is that correct?
21
A.
As long as you met the qualifications.
22
Q.
Which were the place and time, intention and your
23
location set your residence?
24
A.
With the intent to return.
25
Q.
Okay.
Then there's a phrase you were asked about --

281-723-9090
91
that says that the voter's intent must be reviewed?
A.
Correct.
Q.
Do you remember reading that phrase or that sentence
and understanding it before you changed your registration?
A.
I do not remember that sentence specifically.
Q.
And did you understand that in determining your
residence, it didn't matter whether you had a homestead or
where your homestead was or property was?
A.
That wasn't an issue for me because I didn't have
10
one.
11
not have a homestead exemption, so I did not have to weigh that
12
issue either way.
13
So I did not.
Q.
That was not an issue for me because I did
Well, I think -- did you gather from your research
14
that under the definition of residence, whether it's right or
15
wrong now looking back, but did you think from that, that your
16
residence did not have to be your homestead?
17
18
A.
It actually does, but you have -- you have time to
change it.
19
Q.
Okay.
20
A.
So you cannot -- if you have a homestead, you have to
21
live there.
That's the law.
But you cannot -- but you have up
22
until the beginning of the next calendar year to change it.
23
if you move by January 1st of the next following year, you have
24
to remove the homestead exemption or change it to wherever
25
you're currently living if you own the property.

281-723-9090
So
92
Q.
Okay.
2
3
MR. WRIGHT:
Your Honor.
I pass the witness.
4
5
6
7
8
That's all the questions I have,
FURTHER DIRECT EXAMINATION

BY MR. GLICKLER:
Q.
Do you know if Adrian Heath ever changed his
homestead exemption after May of 2010?

A.
MR. GLICKLER:
No further questions, Your Honor.
10
THE COURT:
Anything else?
11
MR. WRIGHT:
12
THE COURT:
13
MR. GLICKLER:
14
THE COURT:
15
Your next witness, please.
16
MR. WHITE:
State rests.
17
THE COURT:
Okay.
18
What says the Defense?
19
MR. WRIGHT:
No.
May this witness be excused?
Yes, Your Honor.
You are excused, sir.
State rests.
Your Honor, at this time I'd like
20
to go ahead and exercise my right to give a brief opening
21
statement.
22
I'll keep it brief, if I may.

THE COURT:
23
24
25
Sure.
OPENING STATEMENT
MR. WRIGHT:
thank you very much.
Ladies and gentlemen of the jury,
I know you're paying close attention.

281-723-9090
93
Every time I look over, I know you're listening.
sleeping.
Nobody is
That's very good.
What you've heard so far is what happened, and
it's pretty clear.
voted in this election and registered at this Residence Inn.
You've heard why it happened.
right or wrong, they felt like what's going on with this RUD,
there is corruption.
is taxation without representation.
10
for years and years.
11
it.
We have all the records.
12
Okay.
These ten people
Because they felt like --
There is abatements being given.
There
They haven't had elections
Lots of different reasons on why they did
Now the question is how, how does it happen that
13
these people that are intelligent people, home-schooled and
14
educated, how can they reach to conclusion that you can change
15
your voter registration from where you're living to a hotel.
16
Okay?
17
the Secretary of State's office who my client talked with.
18
Okay?
19
the basis of the conversations that they had with Mr. Heath and
20
what information they gave him that then caused Adrian to go
21
and take this information to him and to all the others who
22
aren't here coming to testify, but a couple of the others might
23
or might not.
24
these other witnesses, Adrian was led to believe that, yes, you
25
could use a hotel as your residence.
And so in our case, we're going to have attorneys from
They're going to explain to you what conversations and
So the point is, you're going to hear how from
Okay?

281-723-9090
And that that was
94
a reasonable conclusion to make and that nobody would have done
anything like this if they thought it was -- they were
committing a felony.
forward to working with you.
I thank you for your attention and look
THE COURT:
Call your first witness, please.
MR. WRIGHT:
I'd like to call Kandy Heath.
THE COURT:
(Witness is sworn.)
THE COURT:
10
Kandace?
Please lower your hand.
seat.
11
MR. WRIGHT:
12
THE COURT:
13
14
17
May I proceed, Your Honor?

Yes.
KANDY HEATH,
15
16
Have a
EXAMINATION
BY MR. WRIGHT:
Q.
You are Kandy -- I'm sorry I called you Kandace on
18
the record -- Kandy Heath and you're the wife of Adrian Heath.
19
Is that correct?
20
A.
Yes, sir.
21
Q.
Can you -- just briefly sort of give us a little
22
background how you-all met, where you've lived over the years,
23
things like that, when you-all got married?
24
25
A.
I'm a California girl and Adrian came over from
Australia on vacation.
He was staying with my roommate's

281-723-9090
95
parents.
That's how I met him.
Q.
When was that?
A.
About 30 years ago.
Q.
Okay.
So you-all were in California when you got
married?
A.
Yes.
Q.
All right.
A.
Be 30 years ago this month.
Q.
All right.
10
11
12
So how long have you-all been married?
And so where did you live then since
getting married in California?

A.
Beach.
We lived in Australia for a while, also lived in Long

The majority of our marriage has been in Texas.
13
Q.
And have you been -- where in Texas?
14
A.
The Woodlands.
15
Q.
Okay.
16
17
18
So when did you-all move to The Woodlands,
Texas?
A.
When our son was 1 year old.
He was born in 1989.
We moved here on his first birthday.
19
Q.
In 1990?
20
A.
Yes, sir.
21
Q.
Okay.
22
A.
I have two children.
23
Q.
What are their names?
24
A.
My son is named David and I have a daughter named
25
So how many children do you-all have?
Debra.

281-723-9090
96
Q.
Is she present in the courtroom?
A.
Yes, sir.
Q.
And so what is it that you do for a living?
A.
I'm a registered nurse.
Q.
How long have you been practicing that?
A.
I graduated from nursing school in 1979, and I have
been practicing ever since.
Q.
Okay.
And so do you work in Montgomery County?
A.
I work downtown Houston at the Med Center.
10
Q.
Okay.
11
Adrian done?
12
A.
And so where does -- what type of work has
Adrian's primary background is in sales.
At one time
13
we owned a gas station up in Huntsville, but his background has
14
been in sales.
15
was transferred out here with Exxon -- he accepted a job with
16
Exxon.
17
In fact, that's how we ended up in Texas.
He
And that's how we left California to come here.
Q.
All right.
19
A.
Yes.
20
Q.
Now, are there -- I guess there's certain political
18
21
And so have you always worked outside the
home?
activity that Adrian likes to engage in.
Is that correct?
22
A.
Yes.
23
Q.
How long has he been, in your mind, politically
24
active?
25
A.
Since I married Adrian.

281-723-9090
97
Q.
He's always been engaged in political activity?
A.
Yes.
Q.
All right.
So how much do you participate in the
activities?
A.
conservative.
my husband is conservative.
I think independent or
libertarian.
He is very active.
Q.
10
I vote in general elections.
I'm a Republican.
I'm
Adrian, we always have different opinions; but
I don't know.
Do you normally participate in all the political
activities that he does?
11
A.
No.
12
Q.
Has he run for office before?
13
A.
Yes.
14
Q.
When did he run for office?
15
A.
He ran for county judge.
16
Q.
When was that?
17
A.
Three years ago.
18
Q.
In 2010?
19
A.
Yes, sir.
20
Q.
Okay.
21
A.
Yes.
22
Q.
He was -- and what was his party ticket?
23
A.
I don't know.
24
Q.
Okay.
25
A.
He was independent.
Three years ago.
Which is about the time of this RUD election?
I'm sorry, I don't know.
Well --

281-723-9090
98
Q.
He was an independent?
A.
Yes.
In fact, that's the biggest controversy with
Catherine or the Republican chair.
THE COURT:
Let me talk to the lawyers, please.
jury.)
THE COURT:
I've been letting her go; but
Adrian, God bless him, shakes his head and it is so obvious.
I'm thinking about because it appears as though he might
10
inadvertently either be affirming the answers or it's nonverbal
11
communication to the jury that's not fair.
12
this on.
13
everybody.
I'm going to keep
Talk to him about it, so it doesn't embarrass
14
MR. WHITE:
He's been doing that all trial.
15
THE COURT:
He's doing it at the questions,
16
17
18
19
though.
MR. GLICKLER:
Your Honor, I would say that we
have let a lot of it go.

THE COURT:
Well, I'm just giving an
20
instruction, and he's going to talk to his clients right now.
21
Warn him because next time I'll have to do it verbally and
22
that's embarrassing and it does not help in front of the jury.
23
24
MR. WRIGHT:
25
THE COURT:
Judge, I think we're ready.

Go ahead.

281-723-9090
99
Q.
on trial for?
A.
Yes, sir.
Q.
And registering and voting in this RUD election in
A.
Yes, sir.
Q.
Did you participate in that election in any way?
A.
No.
Q.
Did you communicate with him or discuss with him the
10
(BY MR. WRIGHT)
Now, you're aware of what Adrian is
2010?
implications or anything to do with engaging in this activity?
11
A.
Yes.
12
Q.
And what did you discuss with him about?
13
A.
I wanted to know why he felt it was necessary for him
14
15
to do this.
Q.
And what did he tell you?
16
MR. WHITE:
Objection, Your Honor, hearsay.
17
THE COURT:
Sustained.
18
MR. WRIGHT:
Well, Your Honor, we're not
19
offering it for the truth of the matter.
20
show Adrian's state of mind when he decided to go do this.
21
22
MR. WHITE:
25
I think in this scenario, it is
being offered for the truth.
23
24
We're offering it to
THE COURT:
Q.
(BY MR. WRIGHT)
Sustained.
Well, did you do any research
yourself --

281-723-9090
100
A.
No.
Q.
-- on the question of registering to vote from a
hotel, things like that?
A.
No.
Q.
Did you participate at any meetings --
A.
No.
Q.
-- where this was discussed?
A.
No.
Q.
Were you aware that he and this other group of people
10
were doing this?
11
A.
Yes.
12
Q.
And did you talk to any attorneys about it yourself?
13
A.
No.
14
Q.
And so you didn't get involved or give your opinion,
15
yes, no, or whatever on this?
16
A.
To an attorney?
17
Q.
Yes.
18
A.
No.
19
MR. WRIGHT:
20
I pass the witness.
CROSS-EXAMINATION
21
BY MR. WHITE:
22
Q.
Ms. Heath, does your daughter, Debra, live with you?
23
A.
Yes.
24
Q.
Is that her Yorkie that we saw in some of the photos
25
that came earlier in the trial?
Does she have a Yorkie?

281-723-9090
101
1
2
3
A.
She has a Yorkie, but it's basically Adrian and I's
Q.
Okay.
dog.
How did you feel about the idea of Adrian
leaving you and your daughter to go live in a hotel with four
other men?
6
7
8
9
A.
I didn't understand why he was doing it.
that he was within the law, that he wanted -Q.
If I could stop you right there from saying what
Adrian said to you.
I'm just asking how you felt.
10
A.
I didn't understand it.
11
Q.
Okay.
12
13
14
He said
And how long was Adrian gone from your
residence?
A.
Usually, every Saturday and he did spend some nights
away from the home.
15
Q.
How many nights did he spend away?
16
A.
I don't know, but he was absent from the home.
17
Q.
But you would say less than five, right?
18
A.
I don't know.
19
Q.
Well, certainly you could say less than 20?
20
A.
I think so, yes.
21
Q.
Less than ten probably?
22
A.
I don't know, sir.
But he did spend -- he would
23
spend some nights, I couldn't tell you what nights.
He was
24
gone all day on Saturdays.
25
dropped him off on Saturdays and picked him up sometimes when
And, in fact, I had taken him and

281-723-9090
102
1
2
3
he needed a ride.
Q.
And when he returned from those absences, where did
he come?
A.
I brought him back to our home.
Q.
Your home being yours and Adrian's home?
A.
Where I was living, yes, sir.
Q.
He was living there with you, too, wasn't he?
A.
Yes.
Q.
All his things were there?
10
A.
Yes.
11
Q.
All his books were there?
12
A.
Uh-huh.
13
Q.
His clothes were in the closet?
14
A.
Uh-huh.
15
Q.
None of his belongings ever moved out of the house,
16
did they?
17
A.
When Adrian was gone from the house.
18
Q.
So what he could fit into a swag bag?
19
A.
Yes.
20
Q.
Okay.
21
22
23
24
25
What has your husband done for employment the
past three years?

A.
He's worked for two oil companies.
He's been
unemployed.
Q.
What was he doing at the time of the May 8, 2010
election?

281-723-9090
103
A.
He was running for county judge.
Q.
How was he employed?
A.
At that time he was unemployed.
Q.
Has he had employment that has taken him on extended
travel trips throughout the country?
A.
Yes.
Q.
And has he had travel trips that have taken him --
well, let me just ask you this.
Residence Inn from your home?
How far is the Marriott
10
A.
10 minutes, 15 minutes, 20 minutes.
11
Q.
Okay.
12
A.
A little bit more than 5 miles, I think.
13
14
15
I don't know.
About 5 miles sound right?

I wouldn't
walk there from my house.

Q.
Does your husband have a problem with selective
hearing?
16
A.
In what way?
17
Q.
Yes.
18
A.
Sometimes.
When I'm talking to him?
19
MR. WHITE:
20
MR. WRIGHT:
21
witness, Your Honor.
22
from the rule.
23
Pass the witness.

I have no further questions of this
I would ask that the witness be released
THE COURT:
You know, the rule was never
24
invoked. You-all talked about it, but no one ever invoked it,
25
really.

281-723-9090
104
MR. WRIGHT:
That's fine.
THE COURT:
Any objection?
MR. WHITE:
No objection.
THE COURT:
She may.
MR. WRIGHT:
Okay.
THE COURT:
MR. WRIGHT:
10
courtroom.
me see if he's outside.
Next witness, please.

We don't intend to call him.
12
THE COURT:
13
MR. WRIGHT:
14
THE COURT:
15
22

Yes, sir.

DIRECT EXAMINATION
BY MR. WRIGHT:
19
21
You may lower -- thank you.
PHIL GRANT,
17
20
Let
Phil Grant.
(Witness is sworn.)
18
The rule is not
invoked.
11
16
She can stay in the
Q.
Could you state your name and your occupation for the
A.
Sure.
jury?
My name is Phil Grant.
I'm the first
assistant district attorney here in Montgomery County, Texas.
23
Q.
How long have you been working in that position?
24
A.
Since January 1st of 2009.
25
Q.
And can you give us a little bit of your educational

281-723-9090
105
1
2
and work background?

A.
Sure.
I graduated from the Virginia Military
Institute in 1993 with a Bachelor's of Arts in economics and
business.
where I graduated in 1996 with a law degree.
for the Harris County District Attorney's Office approximately
a month or so after I graduated from law school.
for about eight and a half years.
was a specialist in child sexual abuse cases as well as public
I went to the University of Texas School of Law

I went to work
Worked there
During my time there was, I
10
integrity matters.
11
prosecutor in Williamson County, which is just north of Austin.
12
I was there for about four and a half years.
13
me -- Brett Ligon won the election down here and asked me to
14
come be his first assistant in 2009.
15
Q.
I left there to go be a chief felony
When Brett called
Can you explain to the jury the significance -- what
16
does it means when you're the first assistant district
17
attorney?
18
A.
Well, I kind of say I'm kind of like the chief
19
operating officer.
Brett is the elected official.
Mr. Ligon
20
is your CEO of the district attorney's office.
21
to take the policies that he implements and I guess make sure
22
they work within the office, assign personnel, handle the
23
budget.
24
attorney's office.
25
our public integrity division as well as handling the major
And it's my job
Mainly the business part of running the district

But I'm also responsible for supervising

281-723-9090
106
crimes like cold case murders and things like that.
Q.
Okay.
What is the public integrity division?
A.
Our public integrity division is designed to
investigate and prosecute crimes that involve government
operations or public officials.
6
7
Q.
or illegal voting?
8
9
And does that include any allegations of voter fraud
A.
We do handle some of that.
Typically we refer that
out to the Secretary of State's office and the AG.
10
Q.
Okay.
So how does that get referred?
11
A.
We will basically -- if we receive a complaint
12
alleging some sort of election fraud or voter fraud, we do a
13
preliminary investigation, try to get everything together that
14
we can, and then we package it up and ship to the Secretary of
15
State's office and they typically will take it to the attorney
16
general's office if they feel that prosecution is warranted.
17
18
Q.
So why does it go to the Secretary of State's office
first?
19
A.
I have no idea, but that's just the procedure.
20
Q.
Okay.
Well, who is the -- or what state agency is
21
charged by statute with responsibility of interpreting the
22
election laws?
23
A.
I don't know that there is a statute that assigns
24
that responsibility to an agency.
25
one.
I would have to look for

281-723-9090
107
1
2
Q.
Okay.
If you have a question about interpreting the
election code, who do you call?
A.
I don't call anybody.
Q.
Are you allowed to call and ask for opinions about
A.
I guess I'm allowed.
Q.
Well, let me put it this way.
8
9
10
I just look it up.
it?
Your office, not you,
your boss, Brett Ligon, I guess -A.
There are occasions where we can request in writing
attorney general opinions.
11
Q.
What about Secretary of State opinions?
12
A.
We have never requested one.
13
I couldn't tell you
what the process of that would be.
14
Q.
But it can be done?
15
A.
I suppose.
16
Q.
The Secretary of State writes opinions, correct?
17
A.
I've never read a Secretary of State written opinion.
Not sure.
18
Well, I take that back.
19
not sure what the process is, though.
20
21
22
23
24
25
Q.
I guess they do write opinions.
I'm
And your office, to your knowledge, has never
requested an opinion from the Secretary of State's office?

A.
We've never requested a Secretary of State opinion,
no, sir.
Q.
Okay.
So you don't know how the opinion gets to come
about then?

281-723-9090
108
A.
No sir.
Q.
Okay.
Well, I want to focus on this RUD election in
The Woodlands, took place May 8th, 2010, and ask you some
questions about your knowledge of that.
5
6
Did you discuss the upcoming May 8th election

back then with anybody?
A.
Yes.
Q.
What people did you discuss it with?
A.
My recollection is that --
10
Q.
Let me start at the beginning.
11
A.
Okay.
12
Q.
What brought it to your attention?
13
A.
We received a complaint from a law firm that was
14
representing The Woodlands Road Utility District, that several
15
individuals had registered to vote at a hotel within the road
16
utility district, in their opinion, in violation of the voter
17
registration laws.
18
Q.
19
information?
20
A.
21
Okay.
And so what did you do once you got that
We reviewed the information, did some preliminary
investigation.
22
Q.
What information did they send you?
23
A.
I can't remember what was in the initial packet.
24
sure there were copies of the voter registration forms.
25
Attached, I think, were some copies of appraisal district

281-723-9090
I'm
109
records showing that these individuals had homes outside the
road utility district.
You know, we took it and reviewed it.
Just some basic information like that.
Q.
Who is "we"?
A.
At the time, I had an attorney assigned to the public
integrity division by the name of Adrienne Frazier.
an investigator assigned to our division by the name of John
Stevenson and Chris Smith, our chief investigator.
worked together on it initially when it was brought to our
10
We kind of
attention.
11
Q.
That was some weeks before the election?
12
A.
Yes, sir.
13
I also had
I would assume it was in February, maybe
January or February of that year.
14
Q.
15
you do?
16
A.
So after you-all reviewed the information, what did
Well, I issued a letter to the individuals that had
17
registered to vote fraudulently and then we finished our
18
investigation and forwarded it to the Secretary of State's
19
office.
20
Q.
21
22
23
24
25
Okay.
You say you issued a letter saying they were
voting fraudulently?
A.
That raised some concerns about their registration,
yes, sir.
Q.
Okay.
Did you confer with anybody else before you
sent that letter out?

281-723-9090
110
A.
I always keep my boss informed of what's going on at
all times, but I'm not sure who else I might have conferred
with before I sent that letter out.
4
5
Q.
By your boss, you mean the district attorney, Brett
Ligon?
A.
Yes, sir.
Q.
Okay.
A.
I'm positive we called the election department and
8
9
10
it?
touched base with them.
11
12
13
And did you confer with Carol Gaultney about
MR. WRIGHT:
If I may approach the witness, Your
Honor.
Q.
(BY MR. WRIGHT)
14
premarked as Defendant's Exhibit Number 12.
15
that document?
Do you recognize
16
A.
No, I do not.
17
Q.
Do you recall talking to Carol Gaultney or e-mailing
18
her on about Tuesday, March the 10th, with questions about
19
communications with Adrian Heath?
20
A.
Did I have communications with Carol Gaultney, yes.
21
But this is not an e-mail from her to me.
22
between her and Mr. Heath, it looks like.
23
24
25
Q.
Okay.
This is an e-mail
And did you discuss the subject matter of this
e-mail with Ms. Gaultney?

A.
She was involved in the investigation, yes, sir.

281-723-9090
111
mean, the registrations went to her, so we had to communicate
with her office on a regular basis.
3
4
5
Q.
And so then did you also talk to Adrian Heath during
that same time period?

A.
It's quite possible.
Adrian used to call me on a
pretty regular basis, so it's quite possible we had
conversations during that time.
Q.
Do you remember any face-to-face meetings with him?
A.
Not during that time I don't.
10
100 percent sure about that.
11
12
But I'm not -- not
MR. WRIGHT:
Q.
(BY MR. WRIGHT)
13
contains a medallion.
14
recognize what that is?
If I may approach the witness?

I want to show you a pouch that
It's D-37, that's Exhibit 37.
Do you
15
A.
I do.
16
Q.
What is that?
17
A.
That's one of our challenge coins.
18
Q.
Okay.
19
A.
Yes.
20
Q.
Or by Brett's office?
21
A.
Well, actually I keep them.
22
Q.
You keep these?
23
A.
Yes, sir.
24
Q.
And do you recall ever giving one of these to Adrian
25
And these are maintained by your office?
Heath?

281-723-9090
112
A.
I may have.
Q.
Okay.
A.
I don't recall that specifically, but it wouldn't
surprise me.
Q.
Do you recall having an in-person meeting with him
before the election of May 8th, 2010, and giving him this
medallion?
A.
it happened.
10
11
12
Q.
I don't know what that meeting would be, but I'm sure
If he's got a medallion, I gave it to him.
Okay.
Well, my question is:
happening before the election?

A.
I haven't had any personal meetings with Adrian Heath
13
since after the election.
14
before the election.
15
16
17
Do you recall that
Q.
So it would have had to have been
So he would have had to have gotten this medallion
from you before the May 8th, 2010 vote?

A.
18
Yes, sir.
MR. WRIGHT:
Your Honor, I tender Defendants 37
19
to counsel for their review.
20
that it be admitted in this case as evidence of his meeting
21
with Mr. Heath prior to the election.
22
I have a photocopy of it, but ask
MR. WHITE:
We'll object on the basis of
24
THE COURT:
Of what?
25
MR. WHITE:
Relevance.
23
relevance.

281-723-9090
113
THE COURT:
What does it do to show -- to prove
or disprove any of the issues in this case or the elements of
this offense of whether the Defendant voted in an election in
which he knew he was not eligible to vote.
MR. WRIGHT:
That's because it was discussed
with the legal authority, the district attorney, prior to the
election.
THE COURT:
MR. WRIGHT:
Yes, sir.
He said he couldn't remember when
10
he met with Adrian and this means he met with Adrian before the
11
election date.
12
THE COURT:
In all fairness, I think his
13
testimony at the last question was it would have to have been.
14
He hasn't met with him since the election, so any meetings
15
would have had to have been before.
16
purpose is of that.
17
not clear what it's supposed to represent.
18
don't even know what it is.
19
either what it's supposed to be or represent.
So I don't know what the
In fact, the record, in all fairness, is
20
MR. WRIGHT:
21
THE COURT:
What is it?
I don't think the jury is clear
Let me ask that question.

Is it an award or what?
22
Q.
(BY MR. WRIGHT)
What is Defendants Exhibit 37?
23
A.
Well, we typically hand those out to law enforcement
24
when they do an exceptional job investigating a serious crime.
25
We also give those out to folks that have been supportive of

281-723-9090
114
the district attorney's office on occasion.
what it was for.
Mr. Heath prior to the election.
4
5
6
Q.
I assume that's
We had a pretty good relationship with
So you kind of intend that to be a high five or
something?
A.
Yeah.
It's a token of our appreciation.
MR. WRIGHT:
MR. WHITE:
The relevance objection will still
THE COURT:
Would you be so kind, can you
That's what it is.
be there.
10
11
elaborate -- make foundation on the record of what it had to do
12
with this case.
13
MR. WRIGHT:
Well, the reason I'm bringing it up
14
is because his memory was unclear as to when he had met with
15
Adrian about this and I think that nailed it down that for sure
16
it was before the election date.
17
18
THE COURT:
fact that he and the Defendant had met.
19
MR. WRIGHT:
20
THE COURT:
21
22
So it's just representative of the
it's being introduced.
That's correct.
For that purpose -- for that purpose
Any objection?
MR. WHITE:
I still don't think it's relevant.
23
I think it's probably a bolstering attempt.
24
jury has heard it.
25
THE COURT:
Overruled.
That's okay.
The
Defendant's Exhibit --

281-723-9090
115
is it 37?
MR. WRIGHT:
THE COURT:
37.
Is admitted for the limited purposes
as testified to.
MR. WRIGHT:
THE COURT:
8
9
Q.
(BY MR. WRIGHT)

Yes.
Then there was another communication
that you had not only with Mr. Heath, but I guess with all of
10
those who had registered to vote in that election.
11
correct?
12
A.
Yes.
13
Q.
Well, I say that.
Is that
Was it everybody, all 24
14
registered voters that were on the voter list or was it just
15
some of the voters that you sent a letter to?
16
17
18
19
A.
I believe I sent it to everybody who was a registered
voter, but it's been several years.

Q.
All right.
So some of those people had registered at
a hotel?
20
A.
Yes, sir.
21
Q.
Some of those people on the list had registered from
22
offices, correct?
23
A.
Not certain.
24
Q.
Okay.
25
MR. WRIGHT:
Let me approach the Court Reporter,

281-723-9090
116
Your Honor.
Q.
(BY MR. WRIGHT)
admitted as Defendants Exhibit Number D-5 and ask you, is this
a list of voter -- registrar's list of the eligible voters in
that election that you were given?
A.
It appears so.
Q.
And I had -- trust me, I counted 24, I think,
individuals on that list.
addresses are office places?
10
A.
They could be.
And so are some of those are those
I'm not -- I live in Montgomery.
11
don't live in The Woodlands, so I don't know that area very
12
well.
13
Q.
So you sent letters to everybody that was on this
15
A.
That's my recollection.
16
Q.
Fair to everybody, right?
17
A.
Try to be, yes, sir.
18
Q.
So -- I want to show you what's been premarked as
14
19
list?
Defendant's Exhibit Number 26 and ask if you recognize that.
20
21
22
23
A.
out.
It appears to be a copy of the letter that I sent
Specifically this one to Mr. Heath.

Q.
Okay.
And this letter, was it the same word for word
to everybody on the voter list?
24
A.
Yes, sir.
25
Q.
The only thing that was changed was like the address

281-723-9090
117
1
2
block?
A.
We did a mail merge, so the only thing that changed
was the address block and the salutation.
call that?
Q.
Yes.
A.
Yes.
Q.
Okay.
8
9
10
Is that what you
And the dear, dear so and so?
MR. WRIGHT:
I'm tendering Defendant's Exhibit
Number 26 to counsel for their review and ask that it be

admitted in this case.
11
MR. WHITE:
No objection.
12
THE COURT:
Admitted.
13
14
MR. WRIGHT:
15
16
17
Q.
(BY MR. WRIGHT)
If I may approach the Elmo?

Now, so why was it that you typed up
this letter and sent it to all the registered voters?

A.
Well, it appeared based on the factual -- I guess the
18
face of the information that we received that there were some
19
folks that had registered inappropriately.
20
that by sending this letter, we could dissuade those that
21
improperly registered to vote in that RUD utility district from
22
voting illegally.
23
24
25
Q.
Okay.
And it was our hope
And so in this letter, then, did you use the
words that you are about to commit voter fraud?

A.
No.

281-723-9090
118
Q.
Was this letter -- did you say this is a warning?
A.
No.
Q.
You must stop what you're doing?
A.
No.
Q.
In fact, this letter says that it's for informational
purposes only --
A.
Correct.
Q.
-- is that correct?
And it doesn't say -- it says if you have
10
concerns about the legitimacy of your current voter
11
registration -- isn't that what it says?
12
A.
Yes.
13
Q.
Why didn't you say I have concerns about the
14
15
legitimacy of your voter registration?

A.
Well, you really have to walk a tight line when
16
you're trying to make sure that elections are appropriate.
17
don't want to dissuade people that are legally registered to
18
vote from voting; but, you know, our hope was that those folks
19
that might be making a judgemental error at this point by
20
registering at that hotel would read these opinions and read
21
the law again and come to the right conclusion.
22
23
24
25
Q.
All right.
You
So you have cited the Secretary of
State's opinion, correct?

A.
Correct.
THE COURT:
You-all know where the opinions are?

281-723-9090
119
I think the State was referring to them on the Elmo last.
MR. GLICKLER:
THE WITNESS:
The ones I used were -Could it have been with the
witness, that the witness did?
MR. WRIGHT:
MR. GLICKLER:
In defense of us, I think we have
numerous copies.
8
9
Are these the ones?
THE COURT:
this court already?
You-all have lost my exhibits in
Be careful about those getting scattered
10
about.
11
get a chance to review those later if they wish.
12
lose them.
13
Q.
They are important documents and the jury is going to

Please don't
All right.
(BY MR. WRIGHT)
All right.
Defendant's Exhibit 1 is
14
a copy of the -- of what you referred to in your letter as
15
Secretary of State Election Law Opinion GSC-1.
16
correct?
Is that
17
A.
I believe so, yes, sir.
18
Q.
And Gregory Connor?
19
A.
Yes, sir.
20
Q.
What's the significance of a Secretary of State's
21
opinion on this subject?
22
A.
It's advisory as to the interpretation of the law.
23
Q.
Okay.
24
25
Is that something that the ordinary public
official can rely on in making decisions?

A.
Provides guidance, yes, sir.

281-723-9090
120
Q.
It's an administrative opinion, I guess, or
administrative decision that you can rely on in deciding should
I go right or should I go left basically, correct?
A.
It's an advisory opinion on how to interpret the law.
Q.
Well, why did the Secretary of State write these
6
7
8
9
10
advisory opinions?
A.
I don't know.
I have never worked with the Secretary
of State's office.
Q.
Well, let's look at Exhibit 3, the attorney general's
opinion?
11
A.
Yes.
12
Q.
Is this a similar type of document, advisory type of
13
opinion?
14
A.
Yes.
15
Q.
And is it something that public officials ask?
They
16
send a question and the Secretary of State, if it's to them, or
17
the attorney general, if it's to them, will write an advisory
18
opinion --
19
A.
Correct.
20
Q.
-- about some issue in law, correct?
21
A.
Yes.
22
Q.
And so -- so that's something the public officials
23
get to rely on when they're making decisions, correct?
24
A.
Yes.
25
Q.
And it's also something that non-public officials,

281-723-9090
121
people like Adrian Heath or myself, that we can rely on, isn't
it?
MR. WHITE:
Objection, leading.
THE COURT:
Sustained.
5
6
Q.
(BY MR. WRIGHT)
It's your witness.
Who can rely -- who gets to rely on
these written legal opinions?
A.
Well, obviously the officials who requested it and
then they're on the website for anybody to review if they need
to.
10
Q.
Okay.
11
A.
Because they're a public document.
12
Q.
Okay.
13
So why do they put them on a website?
And is that for -- so if anybody has the same
issue or question, it's already been answered?
14
A.
Sometimes it's already been answered, yes, sir.
15
Q.
Yes, sir.
16
So basically what you were sending to Adrian and
17
to all the other 23 voters in there was these legal opinions
18
with the intent that they will read and rely on those and reach
19
their conclusions?
20
A.
I was hopeful, yes, sir.
21
Q.
Okay.
22
You also, it looks like, put in the statute
for illegal voting; is that correct?
23
A.
Yes, sir.
24
Q.
And that statute says if a person votes in an
25
election which the person knows the person is not eligible to

281-723-9090
122
vote, correct?
A.
That's what it says, yes, sir.
Q.
Okay.
So when you sent that letter, did you -- did
you think that there were people who were knowingly voting in
an election which they were not entitled to vote in?
A.
Yes, sir, I did.
Q.
Who?
A.
Adrian Heath and the other people that were charged
with the offense.
10
Q.
Okay.
11
A.
I couldn't tell them that in the letter.
12
But you didn't tell them that in the letter?

I would
have loved to, but that's not my job.
13
Q.
Why can't you tell them that in the letter?
14
A.
It's not the district attorney's job to give legal
15
advice to private citizens.
16
Q.
Isn't it your job to stop crime?
17
A.
Yes.
18
Q.
And if you could stop it before it's committed, you
19
should say stop right there, don't rob that bank?
20
MR. WHITE:
Objection, leading.
21
THE COURT:
Sustained.
22
He can question -- you've heard leading
23
questions and under the rules of evidence on cross-examination,
24
the attorneys are allowed to ask questions in the form of
25
leading.
But on direct, when it's your witness, it's

281-723-9090
123
prohibited.
That's why you may be confused about why it
changes.
witness is being interrogated.
But that's the way the rule is, depending upon whose
Okay.
Q.
You may go forward.
(BY MR. WRIGHT)
Well, then, with regard to
Mr. Heath, do you recall talking to him after he received his
letter from you?
A.
I think he did call me, yes, sir.
Q.
Okay.
10
called you about the letter?
11
12
A.
Q.
A.
I think I have seen a copy of my letter on the
Internet, yes, sir.
17
18
And did you ever see a copy of this letter on the
Internet?
15
16
I cautioned him to very carefully review the letter
and the materials that I had provided him.
13
14
And what did you caution him about when he
Q.
And did you discuss anything with Mr. Heath about
changing the letter that you sent out?
19
A.
I don't recall that.
20
Q.
About altering a government document or anything like
A.
That sounds familiar.
21
22
that?
I don't know if he -- I'm
23
trying to remember if he took something out of context and
24
posted it and I told him I thought that was misleading.
25
sounds -- that sounds familiar.
We could have had a

281-723-9090
That
124
conversation like that, but I don't have direct recollection.
Q.
About changing who the letter was addressed to?
A.
Yes.
Q.
He didn't change the contents of your letter, just
That does sound familiar.
who it was addressed to?
A.
Yes.
Q.
All right.
And so you did caution him that you
thought that that might be tampering with a government
document?
10
11
12
A.
I don't know if that's what I said, but I told him I
thought it was misleading.

Q.
But in that phone conversation, you did not say,
13
Adrian, that is a felony violation of the law.
14
in that election?
15
A.
I try to do everything but that, to be honest.
16
MR. WRIGHT:
17
THE COURT:
18
Do not go vote
I pass the witness.

Is this lengthy?
I know some people
rely on lunch at a certain time.
19
MR. WHITE:
Right.
20
THE COURT:
Is it going to be lengthy?
21
MR. WHITE:
No.
22
THE COURT:
All right.
23
No, Your Honor.

Go forward.
Thank you.
CROSS-EXAMINATION
24
BY MR. WHITE:
25
Q.
Mr. Grant, did you in any way give Mr. Heath the

281-723-9090
125
1
2
impression that what he was planning to do was okay?

A.
No.
I tried to -- as much as I could within the
bounds of what I believe the duties of the district attorney's
office are, in my limitations, I tried to caution him against
the course of action it appeared he was about to take.
6
7
Q.
In your experience with dealing with Mr. Heath, does
he have a selective hearing problem?
A.
Sometimes, yes, sir.
Q.
Are you familiar with the legal term "deliberate
10
ignorance"?
Have you heard that before?
11
A.
Yes, sir.
12
Q.
And thinking back to when you heard that, does that
13
term have -- do you know what the meaning of that term is,
14
"deliberate ignorance"?
15
16
A.
Yes.
Mr. Heath's case.
17
MR. WHITE:
18
19
20
21
Yes, I do believe it applies somewhat in
I'll pass the witness.
BY MR. WRIGHT:
Q.
Well, you were asked at one point about prosecuting
these people, isn't that true?
22
A.
Yes.
23
Q.
And what did you say about the residency rule?
24
A.
I said that the Secretary of State has issued some
25
vague opinions on the residency requirements.

281-723-9090
126
Q.
And that because of that, it makes prosecuting these
people for a knowing violation of the law very difficult,
right?
A.
I don't know that I agree with that.
Q.
Okay.
A.
I said the Secretary of State's opinions on the law
7
8
9
But you said that the law was vague?
have been vague.

Q.
Okay.
And that's the Secretary of State's opinion
that you sent or told them to go look up and read, right?
10
A.
That's one of them, yes, sir.
11
Q.
Okay.
12
13
MR. WRIGHT:
That's all the questions I have of
this witness.
14
THE COURT:
Anything else?
15
MR. WHITE:
Just briefly.
16
THE COURT:
Yes, sir.
17
RECROSS-EXAMINATION
18
BY MR. WHITE:
19
Q.
In terms of the vagueness or flexibility in the
20
residency law, is it your understanding that the reason for
21
that is because there are specific categories of people that
22
make residency determinations challenging?
23
A.
Yes.
24
Q.
And would those groups include soldiers, snowbirds,
25
college students, homeless people, RV enthusiasts, and

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long-haul truckers?
A.
Yes, sir.
Q.
Is Mr. Heath any of those things, to your knowledge?
A.
No, sir.
He's not.
MR. WHITE:
MR. WRIGHT:
I pass the witness.

I have no further questions of this
witness.
THE COURT:
May this man be excused?
MR. WHITE:
Yes, Your Honor.
10
THE COURT:
11
Ladies and gentlemen, let's break until 1:30.
12
How's that?
Okay.
13
14
Thank you very much.

room.)
15
(Lunch recess.)
16
THE COURT:
17
MR. WRIGHT:
19
THE COURT:
in.
25
I believe we're ready to get going.

All right.
Please bring the jury

courtroom.)
23
24
Everybody ready?
Thank you.
21
22
All right.
Defense ready?
18
20
Thank you.
THE COURT:
All right.
The jury is seated in
the courtroom.
You may be seated.
Thank you.

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The Defense may call its next witness.
MR. WRIGHT:
THE COURT:
(Witness is sworn.)
THE COURT:
MR. WRIGHT:
7
8
Randall Dillard.
Thank you.
May I proceed?
RANDALL DILLARD,
9
10
We wish to call Randall Dillard.
DIRECT EXAMINATION
BY MR. WRIGHT:
11
Q.
12
record?
13
A.
Could you state your name and occupation for the
My name is Randall Dillard.
I am employed by a
14
company called Nancy Ledbetter and Associates, which is a
15
public outreach communication firm in Pflugerville, Texas.
16
Q.
How long have you been working in that capacity?
17
A.
I have worked there since August of 2011.
18
Q.
Okay.
19
A.
Just immediately prior to that, I worked for the
Before that, where did you work?
20
Secretary of State's office.
I was director of communications
21
for the Secretary of State's office.
22
in 2008 and worked through July of 2011.
I worked there starting
23
Q.
Okay.
24
A.
I've got a journalism degree from Southwest Texas
25
What is your educational background?
State University, which is now Texas State University in

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journalism.
I don't have a bachelor's -- I mean, a master's or
anything like that.
Q.
Are you an attorney?
A.
No, sir, I am not.
Q.
Okay.
And I want to focus on your work at the
Secretary of State's office in 2010?
A.
Yes, sir.
Q.
On or about -- well, late February in 2010.
9
10
11
12
13
14
15
What was it that you were doing for the

Secretary of State's office at that time?
A.
I was director of communications for the Secretary of
State's office.
Q.
So can you describe for the jury on a day-to-day
basis what you were doing?

A.
Generally my job was to handle and oversee media
16
relations.
So any media calls that came into the Secretary of
17
State's office would generally come to me.
18
think at that time I oversaw some of the development of the
19
Secretary of State's office website and oversaw one employee
20
that wrote most of the speeches for Secretary Andrade.
21
Q.
22
phone calls?
23
A.
Yes, sir, it was.
24
Q.
And so can you tell the jury some of the reasons why
25
Okay.
I also oversaw -- I
So was it ever a part of your job to take
you might take a phone call at the Secretary of State's office?

281-723-9090
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A.
The majority of the phone calls that I would take
would be from the reporters.
the Secretary of State's office and took calls from reporters
form around the state about election issues, about issues
related to the Secretary of State's office.
6
7
Q.
I was main the spokesperson for
Were you authorized by Secretary Andrade to make
comments about issues and things like that?
A.
In regards to the policies of the office, yes, sir.
Q.
Okay.
10
11
14
THE COURT:
Yes.
Honor.
12
13
MR. WHITE:
Q.
(BY MR. WRIGHT)
premarked as Defendant's Exhibit Number 23.
15
A.
Yes, sir.
16
Q.
And ask you if you can identify or do you recognize
17
what that is.
18
MR. WHITE:
Your Honor, may we approach?
19
THE COURT:
Yes.
20
21
jury.)
22
MR. GLICKLER:
Your Honor, this is an Internet
23
copy of a news article in which he is quoted as spokesperson.
24
It does not get anywhere close to being sufficient evidence on
25
the law.
He's not an attorney.
It's something he said in an

281-723-9090
131
online article.
There is no evidence authentication.
no relevance.
know where the case is going.
There is no relevance to mistake of law.
4
5
THE COURT:
We
I don't know what he identified it.
I don't know.
6
7
There is
MR. GLICKLER:
Before he started to go into
it --
THE COURT:
You know what it is?
MR. GLICKLER:
10
MR. WRIGHT:
11
MR. GLICKLER:
12
THE COURT:
13
MR. GLICKLER:
We know what it is.

What is it?
Should I wait?
This is the article.
What is your legal objection?

Our legal objection, there's
14
numerous.
This is improper evidence.
15
relevance.
16
relevant to the mistake of law.
17
proffer whatsoever that he went and spoke to this Defendant.
18
He is trying to bring in something that this witness, a
19
spokesman for the SOS supposedly said on an online article.

THE COURT:
There is no evidence or
Summarize what you propose this is
supposed to mean that it's relevant to the case.
22
23
It's
It's not relevant to either the evidence, nor is it
20
21
It's hearsay.
MR. WRIGHT:
everything off.
Sure.
This is what started
This article where he made these quotes.
24
THE COURT:
25
MR. WRIGHT:
Started what off?

Started my client contacting him at

281-723-9090
132
the Secretary of State's office to ask him about his comments
on this article.
and then he said, well, I need to refer you to the election
division.
for about an hour in two or three conversations he had with Joe
Kulhavy.
him about this article and he confirmed, yes, I made this
comment in this article about residency.
And he refers him to Joe Kulhavy, where they talked
This is where it got started.
9
10
And they discussed it for a just few minutes
MR. GLICKLER:
THE COURT:
12
MR. WRIGHT:
13
MR. WHITE:
Who wrote this?

This is a newspaper article.
Your Honor, this is a online blog
article.
15
16
By the way, we're talking about a
telephone conversation.
11
14
He -- my client called
MR. WRIGHT:
It's an online newspaper.
They
call it Texas Watchdog.
17
MR. GLICKLER:
18
MR. WRIGHT:
19
MR. WHITE:
It's not the New York Times.

No.
This is the publication that's
20
written several articles about this specific case, about this
21
Defendant.
22
MR. WRIGHT:
23
MR. GLICKLER:
24
of law.
25
not authenticated.
Since that time.

It's not relevant to the mistake
It's incompetent evidence.
It's in relevant.
It can't be authenticated.

281-723-9090
It's
Additionally, a
133
telephone conversation is one of the most difficult ways to say
Mr. Heath talked to someone --
THE COURT:
You're intending to introduce this?
MR. WRIGHT:
I wanted to introduce this to show
what my client had read and what he talked to Mr. Dillard
about, his comments.
THE COURT:
All right.
This Defendants Exhibit
Number 23, the objection is sustained because you can get
something triggered and generally what it is.
But this is
10
loaded with obviously opinions, innuendo, and comments about
11
the law.
12
before it.
13
started this, that can be testified to orally.
It's just going to confuse the jury on the issues

But if it's just for the purpose of showing what
14
MR. WRIGHT:
15
THE COURT:
Okay.
So because of Exhibit 23 is loaded
16
with hearsay and information which is opinion form related to
17
voting, the chances that it would mislead and confuse the jury
18
are too great for it's admissibility.
19
objection.
20
MR. WRIGHT:
So I'm going sustain the
My client is going to testify that
21
he had read the article and we will seek to admit it as part as
22
his knowledge.
23
THE COURT:
I think when he gets up and
24
testified how much of this -- but certainly something can be
25
testified to that gets the point across that something in the

281-723-9090
134
general nature of something triggered him.
a legal basis is not fair to all the parties because it
doesn't -- I mean, it's just like using, well, my opinions or
something.
Defendant is charged with for the jury to consider.
objection is sustained.
It has little basis in this trial for what the
THE COURT:
But to use that as
So
Nobody has invoked the rule yet, so
the rule -- that's called the rule of sequestration or
10
exclusion of witnesses.
We refer to it as a short form and
11
essentially either party can assert it.
12
that's okay.
13
from being present so that they don't hear other witnesses'
14
testimony and then converse amongst themselves.
15
the lawyers, the parties to invoke the rule.
16
some don't.
But if they do, then the witnesses are excluded
17
MR. WRIGHT:
18
THE COURT:
19
Q.
(BY MR. WRIGHT)
And some do, and
Yes, sir.
Did Exhibit 23 refresh your
recollection about the Watchdog article.
21
MR. WHITE:
23
But it's up to
If I may proceed?
20
22
And if they don't,
Objection, Your Honor.
It's a
reference to hearsay.
Q.
(BY MR. WRIGHT)
Let me ask you this.
Do you recall
24
giving comments to the Texas Watchdog, a reporter by the name
25
of Steve Miller around February 24, 2010?

281-723-9090
135
A.
I don't recall specifically discussions regarding a
specific article.
spoke with them on occasion and Steve Miller's name does ring a
bell to me as a reporter that I talked with.
5
6
Q.
some DEA agents who had voted from their office.

MR. WHITE:
It's
hearsay, and it's not relevant.
9
10
I know I
And did you discuss the issue with Mr. Miller about
7
8
I do recall the Texas Watchdog.
THE COURT:
Q.
(BY MR. WRIGHT)
Sustained.
Do you recall discussing the issue
11
of residency for voting purposes with Mr. Miller around
12
February the 24th, 2010?
13
A.
I recall talking with several reporters over the
14
years with Secretary of State's office about the residency
15
issue.
16
conversation specific to any specific reporter, but I do know I
17
had talked to Steve Miller and I talked to the Watchdog.
18
Q.
I don't necessarily -- I cannot recall specifically a
Okay.
And do you recall talking on or about that,
19
February 24th or 25th, 2010, to my client Adrian Heath from
20
Montgomery County?
21
A.
I do not recall that, sir.
22
Q.
Okay.
23
And so if my client recalls a conversation,
you don't remember any conversation with him?
24
A.
I don't recall it, no, sir.
25
Q.
Okay.
Can you describe what the Secretary of State's

281-723-9090
136
1
2
opinion is for the jury?

A.
I'm not real familiar with what a Secretary of
State's office opinion is.
asked to issue opinions.
It was something that was handled in our elections division and
by our general counsel.
7
8
Q.
Okay.
I know that the office would be
I was never involved in that process.
And so if it's their -- so there's an election
division, correct?
A.
Yes, sir.
There was when I was there.
10
Q.
All right.
11
A.
Yes, sir.
12
Q.
And did you -- did you refer any question that you
I'm going back to the 2010.
13
got about elections in voter eligibility and things like that
14
to that division?
15
A.
Yes, sir.
I would typically do that, particularly if
16
a citizen called me and wanted to talk about specific issues.
17
I would speak in general terms to reporters about the election
18
code and would refer them to sections in the election code
19
dealing with whatever the issue was they were asking about.
20
When citizens called me, I would only speak in general terms
21
and would refer them to the elections division and the
22
attorneys there to discuss specific issues.
23
24
25
Q.
All right.
Specific facts, issues, I guess, fact
patterns and things?

A.
Yes, sir.

281-723-9090
137
Q.
Okay.
So at that time there existed, I guess, a
phone call-in number for ordinary voters to call in and ask
legal questions about interpreting the election code?
A.
I know in the time leading up to an election, our
elections division would have a hotline, I guess, so to speak,
that they would take questions from.
oftentimes that would be from election officials around the
state, but it was also my understanding that citizens could
call that as well and speak to one of the attorneys about a
10
11
12
13
14
15
16
It's my understanding
specific issue.
Q.
Okay.
And so -- and that was for the citizens to
rely on the attorney's advice that they got?

A.
To get information at least about the issue and how
the election code may apply to them.

Q.
All right.
Did you know an attorney in the election
division at that time named Joe Kulhavy?
17
A.
Yes, sir, I did.
18
Q.
And how long did you know him for?
19
A.
My period of employment at the Secretary of State's
20
office, I don't know if Joe was there the entire time I was
21
there or not.
22
Mainly I would talk to the head of the elections division or
23
the lead attorney in the elections division.
24
25
Q.
But there were occasions I would talk to him.
And did you fairly routinely refer people who had
specific legal questions on specific fact issues to

281-723-9090
138
Mr. Kulhavy?
A.
I would typically refer them to Ann Winn, the lead
attorney for the elections division.
Q.
She was in charge of the election division?
A.
I don't know remember if I spoke her name right.
was Elizabeth Winn.
It
I may have said Ann Winn.
Q.
So Mr. Kulhavy worked along with Ms. Winn or below?
A.
He was in the elections -- the general counsel
section of the elections division and Ms. Winn was the lead
10
attorney that -- I don't know what her official title was, but
11
she was in charge of that section of the attorneys.
12
13
Q.
So you would defer specific questions to them as the
authority on the election code?
14
A.
Yes, sir.
15
Q.
And you don't recall any conversations back at that
16
17
time period with Adrian Heath?

A.
I do not recall that, sir, no, sir.
18
MR. WRIGHT:
Thank you.
I pass the witness.
19
MR. WHITE:
No questions for this witness.
20
THE COURT:
May this man be excused?
21
MR. WHITE:
Yes, sir.
22
THE COURT:
You are excused.
23
Next witness.
24
MR. WRIGHT:
25
(Witness is sworn.)
Call Joe Kulhavy.
Thank you.

281-723-9090
139
1
2
THE COURT:
JOE KULHAVY,
5
6
DIRECT EXAMINATION
BY MR. WRIGHT:
Q.
record?
A.
10
Thank you.
Have a seat.
3
4
Would you state your name and occupation for the
My name is Joe Kulhavy, spelled K-U-L-H-A-V-Y.
My
occupation is attorney.
11
Q.
And what is your educational background?
12
A.
I graduated from Southern Methodist University in
13
1986 with a B.A. in economics and political science.
14
graduated from the University of Texas at Austin in 1990 with a
15
juris doctorate.
16
Q.
So what is your -- I guess you pursued law after
18
A.
Yes, that's right.
19
Q.
Tell the jury where you practice law and what type of
17
20
21
that?
law practice you've had since you graduated?

A.
I practiced exclusively in the Austin area.
And for
22
the last 15 years or so, I have worked as an attorney for state
23
agencies.
24
Retirement System, and I worked for about eight years for the
25
Secretary of State elections division.
I worked for about six years for the Employees

281-723-9090
140
1
2
Q.
From when to when did you work for the elections
division?
A.
I started at the elections division October 6th,
2004.
for the 2004 November election.
July 2nd, 2013.
7
8
9
I remember that because it was the deadline to register
Q.
And my last day there was
This year.
Now, could you describe what your day-to-day job was
at the Secretary of State's office?

A.
Secretary of State's office has a number of different
10
divisions that perform all sorts of different state duties.
11
worked in the elections division with about a half dozen other
12
attorneys.
13
division and we answered to Elizabeth Hanshaw-Winn, who was the
14
director of legal services for the elections division.
15
then she answered to the executive director of elections.
We were all titled staff attorneys at the elections
And
16
And so as a staff attorney, my job mostly
17
involved offering advice and interpretation of the Texas
18
Election Code to election officials and also to members of the
19
general public.
20
registration certificate, you'll see a 1-800 number.
21
1-800 number connects directly to the elections division.
22
I would spend most of my day on the phone.
23
anywhere between 20 calls on a low day to election day, when we
24
would run an election hotline all day and average a couple of
25
thousand calls.
If you look on the back of your voter

281-723-9090
That
And
Probably get
141
1
2
3
Q.
So your job was to answer questions for people that
called in?
A.
Yeah, anyone who called.
It's -- Chapter 31 of the
Texas Election Code specifies that the Secretary of State must
maintain a toll-free number for voter inquiries and for -- and
part of our statutory duty is that we interpret election law
for candidates, elected officials, election workers, and the
general public.
Q.
Okay.
So what state office or agency is charged
10
with, I guess, interpreting the election code for the
11
officeholders and the general public?
12
A.
Chapter 31 of the election code also specifies that
13
the Secretary of State is the chief elections officer for the
14
state.
15
the past 40 years or so has issued a number of election law
16
opinions, which are a formal opinion of the effect of a
17
particular election law.
18
about the upcoming November '13 -- or November 2013
19
constitutional amendment election.
20
21
22
Q.
And in that responsibility, the Secretary of State over
Most recently, they issued an opinion
So this idea of writing an opinion on some issue on
election law, what goes into that process?

A.
Generally, the executive director of the elections
23
division will create an opinion committee that's composed of
24
attorneys from the elections division and the general counsel
25
at the Secretary of State's office.

281-723-9090
142
Q.
So that's on an issue or case-by-case basis?
A.
Yes, that's right.
Q.
And did you ever, while you were there, serve on an
opinion committee?
A.
No, I didn't.
Q.
So what's the purpose of issuing these official
7
8
9
opinions on election issues?

A.
Part of the Secretary of State's responsibility is to
ensure uniformity in the application of election laws.
And so
10
that's the statutory basis for issuing opinions about how a
11
particular part of the election code should be interpreted.
12
Q.
So in that sense, the Secretary of State's office
13
elections division is the administrative agency that people
14
come to rely on in trying to interpret what things mean in the
15
election code.
16
A.
Is that right?
Well, we don't -- unlike some state agencies, we
17
don't really have a regulatory authority.
18
treated as an advisory agency.
19
issues, the State would be represented by the attorney
20
general's office.
21
responsibility is to advise and offer opinions.
22
opinions are owed the same deference that an administrative
23
agency -- administrative rules would be given.
24
25
Q.
Okay.
Instead, we're
So, for instance, in contested
So our -- so the Secretary of State's

And those
And so does a voter or an election official or
a political officeholder, do they have a right to rely on those

281-723-9090
143
1
2
opinions?
A.
Well, there's not an attorney-client relationship
between the Secretary of State and the people who call in.
it is similar to other circumstances where a person talks to a
government attorney.
Secretary of State's office and not the people calling in.
there's -- in a civil case, you probably couldn't claim laches
or estoppel based on a piece of advice the Secretary of State's
office has given.
10
So
Our client, I guess, if anything, was the
THE COURT:
Just one second, sir.
So
If you would
11
be so kind to help the jury.
Remember, the jury may or may not
12
be attorneys and "laches" is not a term that's commonly used by
13
the ordinary public layman.
14
what you mean there so they can understand.
15
THE WITNESS:
Would you be so kind to explain
Oh, sure.
Sometimes there are
16
cases where a person will have gotten advice from somebody,
17
like maybe they've gone to a CPA or an attorney and they have
18
gotten some legal advice.
19
was wrong.
20
misled by the advice has an affirmative defense and can say, I
21
did the wrong thing, but I didn't know it was wrong because
22
somebody with formal training and authority gave me what
23
sounded like a very official answer.
24
that sort of affirmative defense.
25
Q.
Later on, it turns out the advice
It's sometimes the case that the person who was
(BY MR. WRIGHT)
So that kind of sums up
So a private individual cannot do

281-723-9090
144
that, right?
ahead and rob this bank.
It's okay.
4
5
6
A.
A private attorney can't say, yeah, you can go

Here's my written legal opinion.
That's no defense, right?

Yeah.
I guess it depends on the circumstances.
I'm
certainly not a litigator.

Q.
Well, let's go back.
When you were advising people
on the phone back in March and April and May of 2010 in your
position, that was as an official agency advisor; is that
correct?
10
A.
Right, right, as far as the attorneys for the office.
11
Q.
Okay.
12
13
14
15
16
17
18
Now do you recall go having conversations with
my client, Adrian Heath, back in March of 2010?

A.
Yes.
In fact, I have pretty well refreshed memory of
conversations with Mr. Heath.

Q.
All right.
And can you tell us what was -- going
back, do you remember when the first conversation was?

MR. WHITE:
Your Honor, could I take the witness
on a brief voir dire?
19
THE COURT:
For what purpose?
20
MR. WHITE:
Regarding the conversations and how
21
22
he knows the identity of Adrian Heath.

THE COURT:
Okay.
Well, let the Defense at
23
least lay the foundation of time and other things and then if
24
you feel like you need to raise an objection then.
25
that will help you in what you do, too.
But maybe
But nothing has been

281-723-9090
145
1
2
3
4
said, yet, that's hearsay.

Q.
(BY MR. WRIGHT)
Go ahead.
So how do you know -- had you ever
met Adrian Heath in person?

A.
I haven't met him in person until today, but I had
talked to him on the phone at least sometime before 2010 about
election issues generally relating to -- I think about
candidacy and some other things.
to him around January or February of 2010.
9
10
Q.
Okay.
A.
Yes.
12
Q.
Okay.
14
And did you have any e-mail communications
with him?
11
13
And I think I probably talked
What was the gist of the e-mail communications
that you had with him?

A.
There were questions about residency and voter
15
registration and it might have been something about candidate
16
filing.
17
Q.
All right.
18
19
MR. WRIGHT:
Honor.
20
21
THE COURT:
Q.
(BY MR. WRIGHT)
All right.
22
premarked as D-32, meaning Defense Exhibit Number 32, and ask
23
you if you recognize what that is.
24
A.
Yes.
25
Q.
Okay.
This is an e-mail from me to Adrian Heath.

And that was dated on what date?

281-723-9090
146
A.
That was dated March 20th, 2010.
Q.
Okay.
And is this Exhibit Number 32 a true and
correct copy of the e-mail and its contents?
a lot of back and forth connected to it.
had sent to Adrian Heath on that date in your position as an
officer with the Secretary of State's office?
7
8
9
10
11
12
A.
Yeah.
I guess it's got
An e-mail that you
My response on the first three pages, I'm sure
is the e-mail that I sent him.

Q.
Okay.
Some of it -- is there some of it that's not
part of your e-mail?

A.
It was part of an e-mail chain.
He also talked to an
attorney -- another attorney at the office.
13
Q.
Who is that other attorney?
14
A.
That's Jessica Escobar.
15
Q.
All right.
16
A.
She was at the Secretary of State's office for about
17
How long was she at the office?
two years.
18
Q.
How far does this e-mail chain go back, do you
19
recall?
20
A.
I'm guessing -- well, looks like from late February.
21
Q.
Okay.
22
A.
February 26.
23
Q.
Okay.
And so information, then, was being provided
24
and then the e-mails are being back and forth responded with
25
all the old e-mails still connected.
Is that right?

281-723-9090
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A.
Right.
Q.
Okay.
Yes.
MR. WRIGHT:
Your Honor, we tender a copy of
Exhibit 32 to counsel for their review and ask that it be
admitted in this case as communications between my client and
Mr. Kulhavy in the Secretary of State's office.
MR. WHITE:
There are a few problems with this
document.
The State would object.
It contains hearsay
statements of the Defendant as well as a Jessica Escobar and
10
Mike Page, Julie Kime in the series of forwarded e-mails.
11
Also, the subject matter is completely irrelevant to what we
12
are discussing right here with this witness.
13
object on relevancy and hearsay grounds.
14
THE COURT:
15
Okay.
All right.
So we would
Let me look, please.
As far as hearsay, what is your response?
16
Is it not hearsay from the Defendant and someone other than the
17
testifying witness?
18
MR. WRIGHT:
Well, it is not being offered for
19
the truth of the matter asserted.
What it's being offered for
20
is to show what steps my client was going through in
21
communicating the problem with the RUD district, where the RUD
22
district was saying they weren't going to have an election and
23
my client was conferring with the Secretary of State's office
24
and sending information on how can we make them have an
25
election.

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THE COURT:
MR. WRIGHT:
All right.
So it's just to show what his state
of mind was.
THE COURT:
The objection is sustained because
of the -- I don't want to stop you from trying to prove your
case and make your presentation based upon the rules of
evidence, but I think it can be done without admitting this.
It has hearsay information.
Q.
(BY MR. WRIGHT)
The gist of that e-mail, Exhibit 32,
10
was -- was what, do you recall?
In other words, those were --
11
your first conversations, I guess, were e-mails with Mr. Heath,
12
right?
13
A.
Yes, I think so.
14
Q.
What was the frustration he was expressing?
15
A.
What I recall is that --
16
MR. WHITE:
18
THE COURT:
Response?
19
MR. WRIGHT:
17
be hearsay.
20
hearsay.
21
asserted.
22
of mind was.
23
This would
Your Honor, under 803, it's not
We're not offering it for the truth of the matter

We're offering to show the declarant, what his state
THE COURT:
But aren't you contending that's
24
what his state of mind is?
Isn't that an accurate -- or as
25
opposed to that's a false state of mind.
I mean, isn't it

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really for the truthfulness of it so that -- isn't this an
accurate representation of his state of mind?
the truth?
MR. WRIGHT:
Wouldn't that be
If it -- if it was hearsay, we
would be offering it to show whatever Adrian told him or sent
him was absolutely 100 percent true; and we're not saying that.
We're saying this is what Adrian had on his mind when he was
thinking when he sent that to him.
the information Adrian had or presented him was true and
Now, we're not saying that
10
accurate.
It doesn't really matter.
11
state of mind while he is going through this decision process.
12
THE COURT:
13
MR. WRIGHT:
14
THE COURT:
We're trying to show his
But again -- all right.

That's our defense.
Well, there are other ways of doing
15
it that bypass the hearsay rules and it is hearsay as the Court
16
deems it to be and reads the rules.
17
18
19
MR. WRIGHT:
So I'm going to --
I mean, I have some case law, Your
Honor, that -MR. GLICKLER:
Your Honor, as he looks for that,
20
what I'll say is this.
21
Mr. Heath's belief and that's what's going to come out.
22
Whether or not it's true or false is not the issue.
23
is -- his belief is the issue at hand and this is what the
24
statement's going to be and that's what makes it hearsay.
25
The truth of the matter asserted is
MR. WRIGHT:
Well, his belief --

281-723-9090
The issue
150
THE COURT:
The arguments are made, but the
Court was on the Texas Rules of Evidence committee.
intimately know.
The objection is sustained.
opportunity to get your point addressed within the rules of
evidence.
this context are inadmissible under their objection.
sustaining it.
I helped write the rules.
So it's sustained.
But I'm going to give you a fair
But statements of Mr. Heath through this witness in
MR. WRIGHT:
10
THE COURT:
11
MR. WRIGHT:
12
have a break.
13
Q.
(BY MR. WRIGHT)
Okay.
So I'm
If you note, Judge.
Sure.
We'll pull the case later when we
Now, do you recall what you
14
responded to Mr. Heath based on the e-mails that you got, that
15
e-mail chain about how to get an election in that RUD district?
16
A.
I recall that -- that my e-mail was about
17
cancellation of elections and about -- and about how an entity
18
goes about canceling an election when it doesn't have contested
19
races.
20
Q.
What did you tell him about that?
21
A.
State law provides -- has provided for the last
22
20 years or so that local government jurisdictions, other than
23
counties, can cancel their elections if only one person is
24
running for each open seat.
25
body of the political subdivision has to enter an order
In order to do that, the governing

281-723-9090
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canceling the election.
bulletin board or message board for the political subdivision.
There's a deadline for -- well, the cancellation should happen
as soon as possible after the last day for candidate filings.
5
6
Q.
Okay.
So you explained to him what the rules were on
whether or not the RUD would cancel an election?
A.
Right.
Q.
Okay.
9
10
All right.
Now, I want to show you what's
been premarked as D-33, meaning Defense Exhibit 33, and ask if

you recognize that exhibit.
11
A.
Yes.
12
Q.
Okay.
13
That order has to be posted on the
And when was this e-mail, I guess, sent to you
from Mr. Heath?
14
A.
It's dated Saturday, March 25, 2010.
15
Q.
All right.
16
received it?
17
A.
That sounds about right.
18
Q.
Okay.
19
A.
Or I would have gotten it the following Monday.
20
Q.
Monday.
21
22
23
Is that about when you would have
Okay.
And what is the reason for that e-mail that was

sent?
A.
I was -- looks like a message forwarded to me
24
about -- or the May 2010 election for The Woodlands Road
25
Utility District.

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1
2
Q.
Okay.
And was this basically a continuing sort of
discussion from the previous e-mail?
A.
Yeah.
I think this was a follow-up from Mr. Heath.
Q.
Okay.
So that -- did you then give Mr. Heath --
well, after you got this e-mail, did you talk to him on the
phone?
A.
Yes.
Q.
Okay.
9
10
And so what was the discussion on the phone
about once you got this e-mail?

A.
11
I -- let's see.
MR. WHITE:
Your Honor, I'll object just to this
12
question is calling for hearsay from conversation; and I'll
13
object to hearsay.
14
15
16
THE COURT:
Overruled.
general nature of this discussion.

A.
He's asked about the
Overruled.
I know that I talked to Mr. Heath not long after this
17
e-mail came in generally about the voter registration list for
18
the road district.
19
Q.
(BY MR. WRIGHT)
Okay.
And so what did you talk to
20
him about the voter registration list?
21
before I leave the subject --
22
MR. WRIGHT:
-- well, first of all,
Your Honor, Defendant's Exhibit 33,
23
I tender a copy to counsel for their review and ask that it be
24
admitted in this case as evidence of the efforts that Mr. Heath
25
made to converse with the administrative authority on elections

281-723-9090
153
regarding this RUD election.
MR. WHITE:
Your Honor, it's a similar
objection; but this exhibit consists entirely of hearsay,
statements, e-mails of Mike Page and from Adrian Heath himself.
THE COURT:
MR. WRIGHT:
We're also offering it to show my
client's motive for wanting to get involved in this election.
8
9
Objection, sustained.
THE COURT:
Q.
(BY MR. WRIGHT)
Objection, sustained.
And then go a couple of days after
10
that, after the March 26 e-mail, let me ask you -- I'll show
11
you what's been premarked Defendant's Exhibit 34 and ask if you
12
recognize that.
13
A.
Yes.
This is another follow-up e-mail that I
14
received from Mr. Heath about voter registration in The
15
Woodlands RUD.
16
Q.
All right.
17
A.
On March 31st.
18
Q.
Would have been about four days after the other?
19
A.
Yeah.
20
Q.
All right.
21
And that was on what date?
So in this case, what did he tell you
about the voter registration information he had found out?
22
MR. WHITE:
Objection, Your Honor, hearsay.
23
THE COURT:
Sustained.
24
MR. WRIGHT:
25
Your Honor, again, it's going to my
client's intent and state of mind.

281-723-9090
154
THE COURT:
2
3
Q.
(BY MR. WRIGHT)
Sustained.
What did you advise him about the
voter registration information he had found out?
A.
That to the extent the road district had failed to
identify voters or there were additional voters who were
registered to vote and lived inside the boundaries of the
district, those voters should be permitted to vote
provisionally.
confirm that they lived inside the district so that their
10
ballots would be counted.
11
12
13
And the county voter registrar could then
Q.
Can you explain for the jury what a provisional vote
A.
Back in 2002, Texas adopted a series of laws that
is?
14
were basically designed to clean up typos and mistakes in the
15
voter registration list.
16
problems with voter registration lists.
17
person who showed up to vote and who couldn't be found on the
18
list would still be given an opportunity to cast a ballot, but
19
the ballot would be sealed inside an envelope and delivered to
20
the voter registrar in the county.
21
election, the voter registrar has to exhaustively research each
22
of those missing voters to determine if, in fact, they're
23
registered to vote in the county or not.
24
registered to vote, they -- their ballot is counted normally.
25
If they're not registered to vote, the envelope itself serves
There are a fair number of data entry

The idea was that a
Within three days after the
If they are

281-723-9090
155
as a voter registration and within ten days after the election,
they get a letter letting them know that their ballot wasn't
counted.
on the voter registration list.
Q.
So it's a stopgap to clean up mistakes and omissions
So did you then -- well, let me approach.
show you what's been marked as D-35, meaning Defense
Exhibit 35, and ask if you recognize that.
I want to
A.
Yes.
Q.
Okay.
10
A.
And that was sent on March 31st.
11
Q.
A late-evening e-mail?
12
A.
Yes.
13
Q.
So you wouldn't have got it at the office at 10:57?
14
A.
No.
15
Q.
Okay.
16
This is another e-mail from Mr. Heath.

And that was on --
I would have gotten it the next day.

Because these e-mails you were sending and
receiving from him were through the office?
17
A.
Yes, that's right.
18
Q.
All official, is that correct?
19
A.
They were all to my Secretary of State e-mail
20
21
22
address.
Q.
Okay.
MR. WRIGHT:
I will tender a copy of the Defense
23
Exhibit Number 35 to counsel for their review and ask that it
24
be admitted for this case showing my client's attempts
25
communicating with the Secretary of State's office about this

281-723-9090
156
election.
THE COURT:
You have an objection?
MR. WHITE:
Yeah.
THE COURT:
Let me look.
Sustained.
Q.
(BY MR. WRIGHT)
The same objection.

Let me read them.
So what was the general nature -- I
guess that next day would have been April 1st.
general nature of that discussion with Adrian Heath from that
e-mail?
10
A.
11
What was the
It was about potential voters that appeared to live
within the boundaries of the RUD district.
12
Q.
Okay.
Was there a discussion about addresses of
13
these voters?
14
A.
I think the e-mails included addresses.
15
Q.
And so were they all home addresses or were some
16
nonresidential addresses?
17
MR. WHITE:
18
Your Honor, could I take the witness
on voir dire regarding this e-mail, please?
19
THE COURT:
20
Briefly.
VOIR DIRE EXAMINATION
21
BY MR. WHITE:
22
Q.
Mr. Kulhavy, regarding the exhibit you're being
23
questioned on, did you respond to this e-mail or was this only
24
the information that was forwarded to you by Mr. Heath?
25
A.
Right.
I didn't respond to this e-mail.

281-723-9090
157
1
2
Q.
So this document that you're being questioned on
contains only Mr. Heath's comments to you?
A.
Right.
Q.
Okay.
MR. WHITE:
State would object to this line of
questioning because it's simply to go into the Defendant's own
statements, which would be hearsay.
8
9
THE COURT:
Go ahead.
11
DIRECT EXAMINATION (CONTINUED)

BY MR. WRIGHT:
13
Q.
14
e-mail?
15
A.
I know -- I'm sure I did.
16
Q.
All right.
17
18
19
20
21
22
Let him ask his
next question, and it depends on what is elicited.
10
12
Well, we'll see.
Well, after -- did you talk to Mr. Heath after this
And you talked to him because of this
e-mail; is that correct?

A.
Because of that e-mail and his questions about the
election.
Q.
And so what was your substance of your conversation
on the phone call?

A.
I think it was -- again, it probably had to do with
23
the role of the county voter registrar in determining whether
24
particular addresses fell within the boundaries of the district
25
or not.

281-723-9090
158
Q.
What did you advise him about that?
A.
I don't remember that call specifically, but my guess
is that I probably reiterated that any voters who showed up
should be accommodated with provisional ballots.
Q.
Okay.
At this point, was there any discussion about
voting from residences, voting from businesses, hotels,
anything like that?
8
9
A.
Yeah.
I know that we talked about residence, the
legal definition of residence and --
10
Q.
11
A.
Well, the legal definition of residence is found in
12
Section 1.015 of the election code.
13
14
15
MR. WRIGHT:
It's defined as domicile.
May I approach the Court Reporter,
Your Honor.
A.
And I know that this is sort of uniform information
16
that I gave to lots of people who asked about residence issues.
17
Residence is determined by physical connection to a place and
18
by domiciliary intent, which is -- could be thought of as the
19
sense that a particular place is a place that a person will
20
return to after any temporary absence.
21
being in a place.
22
It's a mixed question of law and fact.
23
over it, it's the purview of the court to make a decision about
24
whether someone is a resident of a particular place or not.
25
So it's not gained by
It's not lost by being absent from a place.

When there is a dispute
The problem is you can't look inside someone's

281-723-9090
159
head and so -- to determine intent.
circumstantial evidence of intent.
that it's determined by locus or physical connection to a place
and by what you could think of as home sense or hearth sense,
the feeling that a particular place serves as your home.
Q.
(BY MR. WRIGHT)
You have to rely on

So the important things are
So did you give him the citation or
tell him where he could find the definition in the election
code.
A.
I'm sure I did.
10
Q.
Did you give him any other legal authority he could
11
12
I did that frequently.
look at?
A.
I probably also directed him to a couple of court
13
cases that more or less defined what the responsibility of
14
court is in determining residence.
15
have been some administrative rulings.
16
17
18
19
Q.
referred him to?

A.
There is a Secretary of State opinion that does
discuss residence.
MR. WRIGHT:
24
25
May I approach the witness, Your
Honor.
22
23
Might
Were there any Secretary of State's opinions that you
20
21
And -- let's see.
THE COURT:
Q.
(BY MR. WRIGHT)
Yes.
Show you Defendant's Exhibit
Number 1, and ask you if you recognize that.

A.
Yes.
This is a copy of a formal election law opinion

281-723-9090
160
titled Election Law Opinion GSC-1.
Q.
Mr. Heath to?
A.
specifically.
Q.
Okay.
It was issued in 2004.
And is this something that you directed
I imagine I did, although I don't remember it
Okay.
Well, when people have a residence question,
is this one of the opinions that you would refer them to?
A.
Yes.
Q.
Okay.
10
A.
Yes.
11
Q.
Did you discuss with him anything about people voting
12
13
You do recall him having a residency question?

His question was about residence.
from office as their residence?

A.
I talked about how residence is often a disputed
14
issue in election contests and that's it's not unusual for
15
losing candidates to allege that their opponent failed to meet
16
the residency requirements for candidacy, that we run into a
17
number of problems because of a disconnect between common sense
18
understanding of residence and the way it sometimes has to work
19
for purposes of voting.
20
Q.
For instance, a lot of people --
Hold on a minute.
So are you telling me that you can
21
have a residence for one purpose like maybe for taxes, but you
22
could have a different residence for voting purposes?
23
A.
Right.
But it's not unusual for people to argue that
24
they really think of one particular place as home versus
25
another despite things like homestead exemptions or other

281-723-9090
161
factors.
evidence of domiciliary intent, but neither it, nor any other
document by itself would be conclusive evidence of domicile.
Q.
So something like a homestead exemption would be
All right.
Just because you have a piece of property
with a homestead designation so you can get your taxes lowered,
that doesn't necessarily mean that that has to be your
residence for voting purposes; is that correct?
8
9
A.
Right.
A homestead exemption, among other things,
can be inherited by surviving spouses in some circumstances,
10
even in circumstances where the surviving spouse has a
11
different residence.
12
definitions of residence from the legal definition of residence
13
for purposes of voting because we're trying to -- in discussing
14
residence, we try to emphasize that residence for voting
15
purposes is not conclusively established by any single piece of
16
concrete evidence.
17
and of itself determines residence, except to the extent that
18
the court takes all these pieces of evidence, weighs them, and
19
decides the residence question when it's disputed.
20
Q.
Okay.
We kind of separate all other legal
There is no document or statement that in
So in other words, the residence -- I mean,
21
the voter doesn't know or can't say for sure what the residence
22
is until a court decides?
23
MR. WHITE:
Objection, Your Honor, leading.
24
THE COURT:
Sustained.
25
Q.
(BY MR. WRIGHT)
Well, could you summarize what you

281-723-9090
162
1
2
mean by your last statement?

A.
Well, the question or a dispute over residence
usually comes up in the context of some sort of court
proceeding related to residence, like an election contest or a
dispute over an elected officials capacity to continue to hold
office.
that the residence statement of the voter or candidate is true
since it's supported by the sworn affidavit that appears on the
voter registration application or, in the case of a candidate,
10
11
So in the absence of dispute, there is presumption
by the affidavit that's on the candidate's application.

Q.
Okay.
So all of this that you've been telling the
12
jury, those are the things you discussed with Mr. Heath on the
13
phone?
14
A.
Yes.
15
Q.
How long did some of these conversations that you had
16
17
18
on the phone last?

A.
Well, as the jury can tell, I'm a little longwinded.
So sometimes I would spend, oh, say, 40 minutes or more.
19
Q.
Up to an hour?
20
A.
And that was true of other calls I had, too, not just
21
Mr. Heath, but people calling in general.
22
sometimes run pretty long.
23
Q.
But the calls could
I want to give you a copy because your monitor is not
24
working.
It's supposed to, but it's not.
I want to ask you
25
about your opinion that you directed Mr. Heath to.

281-723-9090
On the
163
bottom paragraph, it says, short answers on Defendant's
Exhibit 1?
A.
Yeah.
Q.
Oh, good.
A.
So it works.
Q.
Well, it's been flashing so we'll see.
7
8
9
And it turns out the monitor was just off.
MR. GLICKLER:
You have to be here all week to
fix that.
Q.
(BY MR. WRIGHT)
Anyhow, on that short answer where
10
they are citing the Seminole case of Mills versus Bartlett, a
11
1964 Texas Supreme Court case, are you familiar with that case?
12
A.
Yes.
13
Q.
And where they use this word -- this phrase that
14
neither bodily presence alone nor intention alone will suffice
15
to create the residence, but when the two coincide at that
16
moment the residence is fixed and determined.
17
18
19
Did you recall ever using that phrase with

Mr. Heath in any of the conversation you had with him?
A.
I think Mills versus Bartlett is one of the cases I
20
cited to him because it's one of the sort of lead cases in
21
Texas in law that discusses residence issues.
22
23
24
25
Q.
And so would you have talked to him about the
holding?
A.
Yeah.
I mean, I probably have paraphrased it as the
fact that you have a combination of two elements that answer

281-723-9090
164
this mixed question of law and fact.
connection to a place and intention that that place is home.
And those two things determine where your residence lies, where
your heart cleaves to basically.
Q.
You've got physical
And did you also tell him that the next sentence from
that case is there is no specific length of time for the bodily
presence to continue?
A.
Yes.
Q.
Okay.
And so did you explain to Mr. Heath what that
10
meant as far as your right to decide where you -- what your
11
address is for registration purposes?
12
A.
As it says in the statute, residence is neither
13
gained by presence in a place nor lost by absence from that
14
place; that, in fact, there are tens of thousands of Texas
15
voters, particularly military voters, who may not have set foot
16
in their residence address where they're registered to vote at
17
any time in the last 20 years if they're career military.
18
there are people voting from Kyoto, Japan, and German air bases
19
and Afghanistan who are using their parents' addresses as their
20
last permanent residence in Texas and they may not have been
21
physically present in that house at any time in the last
22
30 years.
23
residence address.
So
Nevertheless, it's still presumptively their
24
Q.
Why is it presumptively their residence address?
25
A.
Well, partly because when they registered to vote,

281-723-9090
165
they swore to the truth of the statements they were making on
their voter registration.
about the truthfulness of their statement, it's presumed to be
the case that they reside where they have sworn that they
reside.
Q.
So in the absence of any question
And you have identified the military personnel as
one.
maybe never even set foot in a residence that you put on their
registration card?
10
Did you give Mr. Heath other examples of people that
A.
Well, yeah.
I sometimes -- and I don't know if I
11
used this specific example; but I expect I used an example like
12
this because I get so many calls like this.
13
a difference -- or when we're looking at residence and we're
14
looking at the question of intent and physical connection to a
15
place, the kind of the easier question to answer from an
16
evidentiary point of view is whether I've got any physical
17
connection to a place.
18
never even been through Quanah, Texas.
19
voter registration application and listed Quanah, Texas, as my
20
residence address, even if I profess that I intended that to be
21
my home, because I've never physically been there, there is no
22
way that I can be -- if the question ever came up, I
23
immediately lose because I can't claim residence in a place
24
where I don't have any physical connection.
25
San Antonio.
That if -- there's
So I have never lived in -- I have

So if I submitted a
If I claimed --

281-723-9090
Now, I've been to
166
1
2
Q.
Stop right there for just a second.
That's because
in Quanah, you never had a bodily presence?
A.
Right.
Q.
That's what you mean by physical connection, right?
A.
Right, yeah.
Q.
And so if you went to Quanah, Texas, and you stayed
7
8
9
there, even for a day, does that change your scenario?

A.
Well, then I have -- I have bodily presence.
Then
the question becomes whether I intend that to be my permanent
10
residence.
And there, although it's not conclusive, the length
11
of a person's stay at any particular place is not conclusive on
12
the question of their domiciliary intent.
13
can be considered along with all the other circumstantial
14
evidence.
It's an element that
15
Q.
Why is it not conclusive?
16
A.
Well, basically because no evidence is conclusive as
17
a matter of law on the question of residence.
So, for
18
instance, a non-court, like a county -- a county voter
19
registrar couldn't summarily cancel somebody's registration
20
based on a judgment that they hadn't been in a place long
21
enough.
22
Q.
Why is that?
23
A.
Because it's not within their legal right to -- or
24
it's not within the a legal authority of a voter registrar to
25
go behind the voter registration application and question the

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1
2
3
4
sincerity of the application.

Q.
Is that because the United States Constitution and
the Supreme Court cases?

A.
Right.
And Texas case law for the last hundred years
that has pretty consistently said, the only -- when it's a
dispute, the only institution that has any authority to resolve
the dispute is a court of law.
Q.
All right.
So if a voter registrar or a district
attorney or county attorney thinks that somebody has lied about
10
their residence, they can take legal action before the election
11
and ask for a judge to decide the residence issue?
12
A.
Yeah.
They could -- they could challenge -- they
13
could go to the voter registrar, any registered bar in the
14
county can go to the voter registrar and file a formal written
15
challenge of another registered voter's registration.
16
result of that challenge will be that the voter registrar will
17
send a notice of confirmation to the other voter basically
18
saying, hey, somebody says that they don't think that you're
19
qualified to be a registered voter.
20
notice within 30 days or you'll be placed on the suspense list,
21
meaning that the next time you vote, you'll have to verify your
22
residence address.
23
The
Please respond to this
Notice that that administrative process does not
24
involve the automatic cancellation of the registration.
25
involves informing the voter that there's a challenge, giving

281-723-9090
It
168
the voter an opportunity to respond and if the voter doesn't
respond, placing the voter on a suspense list basically for
two -- for two federal election cycles, the person -- there
will be kind of a watch out.
they'll need to fill out a statement of residence.
Q.
Okay.
Next time that person votes,
Now, another, I guess, option for a local
prosecutor to have, district attorney or county attorney,
whoever has misdemeanor jurisdiction, would be to file charges
for a false statement on the voter registration card.
10
11
Is that
correct?
A.
That's true.
They can file charges for perjury,
12
maybe for -- I guess it depends on what's happened with the
13
application.
14
document or something like that.
15
16
17
Q.
It could be falsification of a government
And then that would result in a court decision before
the election potentially, right?

A.
Right.
Or it kind of independent of the election.
18
Because the -- determining that fact would be completely out of
19
the wheelhouse of the county voter registrar.
20
conceivable that a court would proceed without any knowledge or
21
awareness of the schedule of upcoming elections.
22
Q.
Okay.
So it's
But that's another way that a public official
23
could say, we need a court decision to decide the residency of
24
this voter, correct?
25
A.
That's true.

281-723-9090
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1
2
3
Q.
All right.
Did you discuss that possibility with
Mr. Heath?
A.
I'm pretty sure I did.
Again, I can't remember the
specifics of this particular conversation; but the reason why
I'm pretty sure is that it was my habit of telling everybody
who had a question about residence, that residence --
basically, that a lawsuit was one way to settle the question of
residence.
Q.
Okay.
Now, when you discussed the Secretary of
10
State's opinion, that's Defendant's Exhibit Number 1 that I
11
have a copy of, did you discuss some of the circumstances of
12
these voters in some of these other cases that are mentioned in
13
there?
14
A.
Yes, I did.
15
Q.
Which ones did you discuss with him, do you recall?
16
A.
Well, I talked about so-called snowbirds, retirees
17
and RVers who will come down to the Texas coast for the
18
summer -- or for the winter and then go back to Minnesota or
19
Wisconsin or some other frozen place for the rest of their year
20
and how, traditionally, some county voter registrars have been
21
hostile to snowbirds.
22
23
Q.
Do you recall which case that was that was discussed
in the opinion or what page?
24
25
THE COURT:
take a break.
While we're doing that, why don't we
What do you-all say, ladies and gentlemen.

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Thank you.
you.
Stretch your legs for about ten minutes.
3
4

room.)
(Brief recess.)
courtroom.)
THE COURT:
MR. WRIGHT:
10
11
Thank
THE COURT:
Q.
(BY MR. WRIGHT)
Please be seated.
Thank you.

Yes.
Mr. Kulhavy, I think where we left
12
off, you were explaining some of the examples where people
13
using -- it was not their residence necessarily, but their
14
location for voting purposes?
15
16
A.
Right.
of snowbirds, the example of the military voters.
17
18
And it was common for us to use the example
THE COURT:
A.
We heard that.
Yes, sir.
But in this particular decision or this particular
19
election law opinion has to deal with the students at Prairie
20
View A & M.
21
Q.
(BY MR. WRIGHT)
Now, did you tell my client, did you
22
tell Mr. Heath about any other cases that didn't deal with the
23
students at Prairie View A & M?
24
25
A.
I probably talked about some turn-of-the-century
cases where residence was determined by things like where a

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171
person -- or one -- a piece of evidence that would sway the
finder of fact was that someone slept at night at a particular
place or the turn of the 20th century, a married woman
residence was presumed that of her husband, which is kind of a
reflection of sexism era.
6
7
Q.
Well, did you talk about people who had claimed
offices as their voting residence?
A.
Yeah.
Q.
10
A.
That it's not unusual to hear of circumstances where
11
a candidate claims a residence, is challenged by an opponent on
12
the grounds that that residence is actually a place of business
13
or not zoned commercial or is an open field or unimproved
14
property, warehouse, barn, and that because of the strong
15
presumption in favor of the truth of a person's statement
16
regarding residence, that the fact that the building happens
17
not to be zoned residential or happens not to be a building is
18
not in and of itself dispositive as to whether that is the
19
person's permanent residence or not.
20
Q.
Well, you know, I'm trying to find out how did you
21
tell him these things.
22
telling the jury now or were you saying -- how were you saying
23
it?
24
25
You can do this?

A.
Were you telling him like you're
You can do that?
How --
I think I was -- I was probably describing all those
or stereotypical circumstances where two people had a

281-723-9090
172
disagreement over someone's residence and I was using examples
to kind of hammer home that, in particular, the Secretary of
State's office, but no institution other than the court could
conclusively say that someone did or didn't live somewhere or
didn't permanently reside somewhere based on even things that
might strike you as contrary to your common sense.
7
8
9
Q.
Okay.
Did you give him some examples of some things
that would be contrary to your common sense?

A.
Right.
A good example is homeless people.
Some
10
people don't even -- aren't conscious of the fact that the
11
homeless can and do register to vote.
12
geographic description rather than a residence address.
13
homeless person might write on their voter registration
14
application residence, description, under the bridge at Fourth
15
and Main.
16
They need it to figure out which precinct to put the voter in.
17
It doesn't have to be a house address.
18
someone's residence.
19
Q.
They provide a
So the
What the voter registrar wants is a geographic spot.
So an open field can be
Give us another example of what could be somebody's
20
residence that would kind of go against what the common-sense
21
thinking would be?
22
A.
Well, RVers.
Got in a dispute, I think in Galveston
23
County.
24
Montgomery County.
25
registrar said these people -- I have 20 voter registration
One of the coastal counties.
It might have been
Anyway, there was a dispute where the voter

281-723-9090
173
applications and every one of them has listed the office, the
manager's office of an RV park and there's no way that 20
families live inside the manager's office at the RV park.
we hashed it out and our advice was, look, an RVer thinks of
their RV probably as home.
definition of a geographic location.
saying is that out of any place on the planet, if they can pick
a spot that identifies their sense of connection, sort of home
base, it would be this RV park.
And
It's hard to shoehorn that into a

But what these RVers are
Well, it's convenient for them
10
to use the mailing address for the RV park because that's where
11
they pick up their held and forwarded mail.
12
they gas up and things like that.
13
of a residence, but it's the best address that comes closest to
14
matching the feelings that these people have that there is a
15
place they consider home.
16
in the RV and that it moves everywhere, they would never be
17
able to register to vote.
18
19
20
21
Q.
And it's where
So it may not seem like much
Otherwise, if we just say they live
Did you discuss with him the Equal Protection Clause
of the 14th Amendment to the United States Constitution?

A.
I may have in passing.
I mean, equal protection
issues come up in voting cases and --
22
MR. WHITE:
Object as nonresponsive.
23
THE COURT:
Sustained.
24
25
Q.
(BY MR. WRIGHT)
My question is:
Do you remember
talking to him about voters having equal rights?

281-723-9090
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A.
Yeah.
I'm certain I talked about the principal of
one person, one vote -- or one man, one vote, proportional
voting.
Q.
So -And did you talk to him about the same rights a
college student or an RVer has or a military person has or
everybody else has on choosing your residence?
A.
Right.
And that's one problem that the folks in
Prairie View had run into, that, in fact, the State of Texas
had gotten sued over in the past.
10
At one time state law had a
provision that was --
11
MR. WHITE:
Objection, nonresponsive.
12
THE COURT:
Sustained.
13
14
Q.
(BY MR. WRIGHT)
Did you discuss
those things with Adrian Heath?
15
A.
Yes.
16
Q.
Okay.
17
My question was:
And then you cited the Prairie View case and
went through that with him?
18
A.
Yes.
19
Q.
Okay.
Do you recall -- and of course, we were
20
talking about a specific, I guess, conversation that was in
21
late March of 2010.
22
second phone conversation that we talked about.
23
another phone conversation after that with Adrian?
24
25
A.
Did you have -- and I think there was a

Was there
Well, I know that there was a conversation I had
sometime after the trial court issued its decision in the

281-723-9090
175
1
2
election contest.
Q.
Well, I'm only talking about the conversations you
had with him on or before May the 8th, 2010, and before he cast
the vote?
5
6
7
8
A.
Yeah, I don't remember specifically.
might have been one other call.

Q.
Was there a call in which you discussed with him DEA
agents voting from an office?
9
10
I think there
MR. WHITE:
Objection.
Relevance to this
subject matter.
11
MR. WRIGHT:
Your Honor, it's to show what my
12
client was informed of to show his state of mind in deciding to
13
go register to vote.
14
THE COURT:
15
MR. WRIGHT:
16
THE COURT:
17
look at something.
18
it's 6.
Can you-all pass me the -Okay.

-- certain exhibits.
I'm going to
The voter registration document.
There's a group of them.
I think
They're collective.
19
MR. WRIGHT:
20
21
22
This is all of them, I think.
jury.)
THE COURT:
This is dated 3/5/10.
Okay.
23
There's an application that the Defendant submitted here for
24
voting purposes dated 3/5/10.
25
residence on that day and he is saying his residence -- I mean,
Now, he has committed to his

281-723-9090
176
isn't the relevancy now, I mean, he has committed himself on a
document that is subject to criminal sanctions because it
says -- this other discussion after this, is that important or
is it -- I mean, hasn't he made a decision up at this point and
if it's either wrong or right.
MR. WRIGHT:
We're guessing about the dates of
the conversations, the phone conversations.
time the e-mails, but we weren't sure.
exactly the date.
And I'm trying to
He doesn't remember
And I think that it's relevant because even
10
if you fill out a form, if you haven't voted yet, you can go
11
change it or you cannot vote.
12
13
THE COURT:
But doesn't that show your intent
right here by this document if it's right or wrong?
14
MR. WRIGHT:
It does at that point.
But you're
15
supposed to look at the date of the -- you're supposed to look
16
at the date of the vote.
17
THE COURT:
But if this is false and it's
18
subject to criminal prosecution, if it's false, I mean, isn't
19
that addressing directly the element and how do you unring this
20
bell?
21
22
MR. WRIGHT:
class A misdemeanor a false statement.
23
24
25
Well, if you're prosecuting for
THE COURT:
Doesn't that go to the intent?
mean -MR. WRIGHT:
Yeah.

281-723-9090
177
1
2
THE COURT:
we're talking about, if it's after this date, what's the point?
3
4
Isn't all that discussion, what
MR. WRIGHT:
Well, I'm sure it was before the
date.
THE COURT:
MR. GLICKLER:
I just -- all right.
That's not the question that's
been asked and that's not the impression that's been left.
8
9
Okay.
MR. WRIGHT:
They get to cross-examine about
that.
10
THE COURT:
11
12
THE COURT:
13
Okay.
Thank you, ladies and
gentlemen, for bearing with us.
14
15
Yeah.
Go ahead.
Q.
(BY MR. WRIGHT)
Mr. Kulhavy, I want to go back to
16
your discussion that you had with Mr. Heath about the Secretary
17
of State's opinion.
18
bottom.
19
about an applicant filling out a voter registration form is not
20
required to state the residence to be his or her home forever.
21
Do you see that part?
And I believe it's on Page 7, near the
And you say that -- the last full paragraph talks
22
A.
Yes.
23
Q.
For the next five years or even the next year,
24
25
correct?
A.
Yes.
That's right.

281-723-9090
178
Q.
And then it goes on and says, "The applicant is only
required for administrative reasons to submit the application
30 days before the election in which there is a vote"?
A.
Yes.
Q.
What is that administrative reasons they're talking
about as far as telling where you live on your voter
registration?
A.
Well, 30 days is sort of a statutory window that
gives the voter registrar time to do the physical work of data
10
entry.
11
registration -- or you've registered to vote on a particular
12
day, it becomes effective 30 days after the date it's
13
postmarked or received by the voter registrar.
14
15
16
Q.
So effectively, Texas doesn't make a voter
Okay.
So what is that saying about your having to be
living there on the time that you fill out your card?
A.
Well, we get away from phrases like "living there."
17
And we would just emphasize that the person is claiming
18
permanent residence at that location.
19
the problem of vagueness that comes as part of the definition
20
of domicile.
21
Q.
Since living there has
So basically, then, when the election code says
22
residence means domicile that is one's home and physical place
23
of habitation to which one intends to return after a temporary
24
absence, the way we think of the word "home," you're telling
25
Mr. Heath in these phone conversations that doesn't necessarily

281-723-9090
179
mean it's your home?
A.
Right.
Q.
Where your car and your dog is?
MR. WHITE:
A.
Right.
6
7
Objection, leading question.
Or it doesn't mean a house.
THE COURT:
It is leading.
He's answered,
though.
Go ahead.
Q.
(BY MR. WRIGHT)
All right.
So did you ever talk to
10
Mr. Heath before that May 8th, 2010 election, did you ever talk
11
to him or tell him you cannot vote from a hotel?
12
13
A.
Q.
Did you discuss with him his registering to vote from
a hotel location?
16
17
In fact, lots of people, say transients,
regularly register to vote at motels or hotels.
14
15
No.
A.
I probably said something like if you regard a hotel
as --
18
MR. WHITE:
I'm going to object to "probably."
19
THE COURT:
Sustained.
20
21
Q.
(BY MR. WRIGHT)
Well, what is your best recollection
in discussing with him his idea to register at a hotel?
22
THE COURT:
Well, first of all, the question was
23
did you discuss -- did you discuss that matter with him and
24
that calls for a yes-or-no answer.
25
A.
Yes.
I think so.

281-723-9090
180
1
2
3
4
5
THE COURT:
All right.
Now we can go next.
Go
ahead.
Q.
(BY MR. WRIGHT)
And so what did you tell him about
registering at a hotel and voting from a hotel?

A.
That it is like asserting any residence, but if that
reflects a person's intent and physical presence, then
presumably that is their residence, presumptively that is their
residence.
Q.
For voting purposes?
10
A.
For voting purposes.
11
Q.
Okay.
12
that, Adrian?
13
A.
14
All right.
Did you tell him, no, you can't do
I don't think I said anything like that.
would ask questions like that --
15
MR. WHITE:
Objection --
16
THE COURT:
Sustained.
17
I mean, he had answered
the question.
18
19
When voters
MR. WRIGHT:
Yes.
I pass the witness at this
time, Your Honor.
20
CROSS-EXAMINATION
21
BY MR. WHITE:
22
Q.
Mr. Kulhavy, when you discuss issues like residency
23
with people that call in, are you careful and are you measured
24
in the information that you give them?
25
A.
Yes.
One problem is that because residency is easily

281-723-9090
181
misunderstood and because it tends to be a flash point of
controversy, it becomes habitual for all of the attorneys at
the Secretary of State's office to kind of be careful what we
say about residence.
saying, I don't think my neighbor really lives here, then we
err on the side of, hey, it's -- you can contest your
neighbor's residence, but let me let you know that the
definition of residence isn't necessarily what you think it is.
But I also did the opposite --
10
Q.
So when we get the call from someone
If I could jump in and ask you about Mr. Heath,
11
specifically in your conversations with him.
12
not to give him the impression that whatever it is that he was
13
planning to do, that he was A-okay because you've got this case
14
here and this case here and this type of person here and this
15
category of person that may be transient, that sort of thing.
16
Were you careful about that?
17
A.
I believe so.
Were you careful
Because one of -- one of the problems
18
is that -- and I would tell voters this, there is a presumption
19
in favor of you're telling the truth when you swear to
20
something.
21
sign any affidavit.
22
I would sometimes bluntly tell people, do not lie on your voter
23
registration application.
24
else, you see language printed on the application itself
25
warning the voter that they can be subject to criminal
For instance, when you offer testimony, when you

But that presumption can be overcome.
You can be -- because if nothing

281-723-9090
And
182
prosecution if they swear falsely on that document.
Q.
Do you recall if you told that to Mr. Heath?
A.
I don't remember the details of the conversation, but
I know that I would tell that to any voter who called with a
question.
Q.
And in regard to telling someone like Mr. Heath -- or
Mr. Heath specifically, talking to him about the presumption of
a voter's intent and that having a lot of weight, is it
possible that you gave him the idea that he could just say that
10
he lives somewhere and not have to deal with the consequences
11
of it because of that presumption?
12
A.
If I gave that impression, that was not my intent
13
because -- and this is -- and sometimes people would have
14
selective hearing.
15
me I can just claim I live anywhere.
16
back them up.
17
anywhere.
18
application, the fact that you're living somewhere that another
19
person might not think of as a house doesn't mean it isn't your
20
residence.
21
you live.
22
23
24
25
Q.
No.
Angry person would say, so you're telling

And I back up -- I try to
I'm not saying you can just say you live
I'm saying that if you swear the truth on this
But I am not saying that you can just make up where
Do you actually have to live somewhere to claim your
residence?
A.
That you kind of have that physical locus.
And
duration is not dispositive, but it is an element that a finder

281-723-9090
183
of fact can consider in deciding whether somebody is or isn't a
resident -- is or isn't a resident for voting purposes.
Q.
Okay.
So, for example, if I came from Austin to
Conroe and I stayed in a Holiday Inn for a week and then I went
back to Austin, could I claim a residence in Conroe if I never
went back to that hotel?
A.
Well, let's say you came to Austin -- you came to
Conroe for a week.
You registered to vote in Conroe.
You came
back to Austin and then you voted by mail in the Conroe
10
election, a losing candidate files an election contest, and
11
among other things claims that it was material that you voted
12
in the election, but weren't eligible to do so.
13
would, in effect, ask did you move back to Austin temporarily
14
with the sincere intention that at that point Conroe had become
15
your permanent residence.
16
yeah, I considered Conroe my permanent residence, but -- and so
17
that's an element.
18
you were in Conroe compared to how long you were in Austin.
19
So a court
Now, as the voter, you would say,
That's one fact.
Another fact is how long
Another fact is whether there is some
20
involuntary reason why you had to go back to Austin or, for
21
instance, you know, Conroe -- a bunch of evidence builds up.
22
You're telling all your friends, I love Conroe.
23
live here from now on.
24
got to sale my house, but I have moved all my stuff down to
25
Conroe.
I'm going to
I just have to go back and sale my -- I
So a court's going to ask what is it about putting

281-723-9090
184
down Conroe as your residence that's backed up by the way you
acted after you wrote, I live in Conroe.
but --
Q.
The fact that it --
Let me interrupt you right there.
thorough answer.
Exhibit 7.
Mr. Adrian Heath.
his residence address.
puts 9333 Six Pines.
I appreciate that
What I'm going to do is direct you to State's
And this is the voter registration change form for
10
And on this form he listed 9333 Six Pines as

Where it describes where you live, he
And signs it on March 5th, 2010.
Did he ever ask you is this okay for me to do?
11
By the way, I've never stayed at that hotel one night.
12
okay for me to do?
13
A.
Is this
Did he ask you that?
No, I don't think so.
And when we get that question,
14
we would say it's okay to do, assuming you have told the truth.
15
I mean, it's okay to do assuming that that residence address is
16
the place that you consider home.
17
18
19
20
21
Q.
Okay.
Well, can you claim a residence of someplace
you've never been?

A.
No.
You have to -- you have to have a physical
connection to a place of some kind.

Q.
Okay.
So if I never had a physical connection with a
22
place, I put that down as my residence address and sign this
23
form, would I have committed perjury?
24
25
A.
Well, I guess whether you committed perjury or not
goes to the elements of perjury.
So I can't say for sure that

281-723-9090
185
that's perjury.
Q.
Would I have lied on the form?
A.
You would have made a false -- or you would have made
a statement that wasn't true on the form if you claim to live
somewhere that you've never physically been.
6
7
Q.
Did Mr. Heath ever tell you he was planning on
staying in a hotel for one night just to vote in an election?
8
9
Okay.
A.
a hotel.
I'm pretty sure he told me something about staying in

I can't remember if it was before or after the
10
election.
But I emphasize -- I mean, basically I responded the
11
same way as to your hypothetical, that staying one night in a
12
hotel, I cannot say whether that makes that your residence or
13
not.
14
of State's office have no legal authority to make findings of
15
fact based on statements made by the people who call.
I can say that, in fact, the attorneys of the Secretary
16
Q.
So he was aware of the scope of your --
17
A.
Yeah.
I mean, what we would in tend to say is if the
18
facts that you're telling me are true as you have described
19
them, then you have asserted that that is your residence.
20
Well, we don't have any fact-finding authority.
21
say it's your residence, that's good for what it is.
22
Q.
So your authority is limited?
23
A.
Right, right.
24
Q.
And you let him know that?
25
A.
Yeah.
So, okay, you
And I told people and told -- and I'm sure I

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told Mr. Heath that the Secretary of State's office cannot find
facts.
judicial role.
fact-finding authority and that's by prudent design because
there is no legislator who would have ever given fact-finding
authority to nonpartisan election office.
is too great.
Q.
They're unlike a regulatory agency that has a quasi

The election division explicitly has no
The risk of misuse
I want to ask you a question about domiciliary.
a person have domiciliary intent if they go to a place solely
10
for the purpose of voting there and for no other reason and
11
then they leave?
12
Does
A.
Would that be domiciliary intent?
Well, I think they'd have a tough time arguing that,
13
because they look back at the definition of residence and it's
14
your permanent place of habitation, the place that you will
15
return to after any absence.
16
signed up here because I wanted to.
17
then I'm there.
18
So if somebody said, well, I

I picked that spot and
What does that sound like?

THE COURT:
Let me just correct something.
It
19
would be after any temporary absence is what the law states,
20
correct?
21
word "temporary" and that's part of the statute.
He said after any absence.
22
THE WITNESS:
23
MR. WRIGHT:
24
not in the statute either.
25
THE COURT:
He didn't include the
Right, right.
He also said permanent and that's
All right.
Because we want to make

281-723-9090
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sure that this jury is focused on what's accurate and part of
the law and every word in the law can be important.
3
4
Okay.
Thank you.
Q.
(BY MR. WHITE)
You gave the example about Quanah
earlier.
purpose of voting for your brother-in-law and came back home.
Is that an example of domiciliary intent?
8
9
A.
If you went to Quanah for one night only for the
No, no.
Because if I said, well, the reason why I
went to Quanah, I cast this vote because it's really important
10
for my brother, I really had to do this, the response to that
11
would be, well, that's totally irrelevant.
12
why -- the fact that you claimed residence there for a reason
13
other than the fact that you considered it your home means you
14
didn't have domiciliary intent.
15
you really need to think of it as the place that you live
16
permanently.
17
of any length, but it's -- even those military voters who are
18
away from home for 30 years still at least adhere to the form
19
of describing that as a temporary absence.
20
temporary absence, you're not committing yourself to living in
21
a place that no longer exists.
22
residence later.
23
intend that this place is my home, this place is where I'll
24
return.
25
Q.
It doesn't matter
To think of the place as home,
You can be absent from it and your absence can be
Okay.
And when we say
You can always change your
You're just saying as of this moment, I
Did Mr. Heath ever ask you, hey, I'm going to

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go stay in a hotel to vote in this election, that's it, did he
ever ask you if that's okay, if it would be okay in a court of
law?
A.
I don't recall him asking that.
Q.
Okay.
Would you have given the impression to him
that that would be okay?
A.
I would certainly try hard not to give that
impression to anybody who called.
prosecution, it just doesn't -- if I left that impression, then
10
it would be a fault, it would not be at all what I intended the
11
impression to be.
12
THE COURT:
13
14
15
16
Q.
(BY MR. WHITE)
A.
Yes.
Next question.
That's why we're here today, isn't
it?
As far as I know, that's one of the central
issues in this case.
17
MR. WHITE:
18
MR. WRIGHT:
19
20
21
Because the risk of
Pass the witness.

If I may, Your Honor?
BY MR. WRIGHT:
Q.
Well, didn't you -- in fact, when Adrian told you
22
that under Mills v. Bartlett that he wanted to register at the
23
Residence Inn that, quote, you can do that and I would love to
24
see the look on their face if you did?
25
A.
I can't -- I don't really -- I have to say I don't

281-723-9090
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remember the specifics of most of the phone calls other than
the last one that's been kind of forcefully -- I've been
forcefully reminded of.
in the context of, you know, that has to be your -- there has
to be truth in your domiciliary statement.
Q.
But if I said that, I hope that it was
Well, you did have a conversation a lot later in
which that wasn't the opinion expressed to Adrian, isn't that
true?
MR. WHITE:
Objection, relevance to a
10
conversation that happened far too late to be relevant to the
11
issue.
12
13
Q.
THE COURT:
Can you give the context of time?
(BY MR. WRIGHT)
Well, I guess it was in August of
14
2012 conversation that you had with Mr. Heath about registering
15
and voting from the Residence Inn?
16
17
MR. WHITE:
I'll object to the relevance of
THE COURT:
Okay.
August, 2012.
18
What would be the relevance
19
for the charge of committing a crime in 2010?
20
already rung at this time, in 2012?
Hasn't the bell
21
MR. WRIGHT:
22
THE COURT:
But what does it have to do with the
MR. WRIGHT:
Well, what has been solicited from
23
24
25
If we may approach, Your Honor.
intent element?
him by the State and what he has answered them now is different

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than what he said in August of 2012 to Mr. Heath about it.
2
3
THE COURT:
I'll let him explore
this area.
4
5
Overruled.
Go ahead.
Q.
(BY MR. WRIGHT)
So what did you tell Mr. Heath in
your phone conversation of 2012, August of 2012, about his
voting from the Residence Inn in the RUD election?
8
9
A.
trial court decision in the election contest.
10
11
12
Oh, I was to deeply frustrated with the form of the
THE COURT:
The question is what did you tell
him, sir.
A.
So I told him that it was not appropriate for the
13
judge or for anybody at RUD to say presumptively that he
14
couldn't have lived in a hotel.
15
the effect that that sort of precedent would have on tens of
16
thousands of voters.
17
immoderate in the way that I talked about that trial court
18
decision.
19
failed to show it's --
I was deeply concerned about
And I was pretty blunt and pretty
I really thought and think that the trial court
20
MR. WHITE:
21
THE COURT:
Sustained.
You've made your --
22
A.
That's what I was saying to Adrian.
23
Q.
(BY MR. WRIGHT)
24
25
Okay.
So what words did you tell
Adrian about his having voted from the Residence Inn?

MR. WHITE:
Objection, relevance.

281-723-9090
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THE COURT:
Sustained at this point.
I mean,
this is 2012 now and it seems like the context of the
discussion doesn't have anything to do with the relevance of
what the Defendant's intent was at the time of the event in
question.
6
7
MR. WRIGHT:
THE COURT:
MR. WRIGHT:
Who is "he"?
Mr. Kulhavy indicates he would have
told Adrian it was the wrong thing to do, basically.
11
THE COURT:
12
MR. WRIGHT:
At the time of the event?

Actually, what he is saying -- and
13
obviously 2012, he's not saying that.
14
different to Adrian.
15
They have elicited
from him that he was -- he indicates that --
10
No, Your Honor.
THE COURT:
He's saying something
In all due respect, I think he's
16
commenting upon another court's determination and how that
17
determination was made on facts and issues that this court --
18
it's apples and oranges.
19
the decision based upon the information in this --
20
21
And this jury is going to be making
MR. WRIGHT:
What I want to elicit from him, I
don't care what that court and all that was.
22
THE COURT:
23
MR. WRIGHT:
Yes, sir.
I just want to elicit from him that
24
in his conversation he had as recently as August of 2012, he
25
still was affirming what Mr. Heath had done in registering and

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192
voting from the Residence Inn.
I just asked that question.
THE COURT:
All right.
MR. WHITE:
That's not what he did or said.
THE COURT:
You have an opportunity for recross.
Go ahead.
You can ask that question.
Q.
Mr. Kulhavy?
A.
Yeah.
Q.
Let me put it this way so it can be more yes or no.
10
(BY MR. WRIGHT)
I'll let you.
But --
THE COURT:
11
Q.
Did you understand the question,
(BY MR. WRIGHT)
Thank you.
You were basically in that
12
conversation in August of 2012 affirming that it was okay for
13
him and these other people to have voted from the Residence
14
Inn?
15
not?
16
At least that was your feeling in August of 2012, was it
A.
That it was -- yeah.
That it was not -- you could
17
not presumptively say that they weren't residence of the RUD.
18
I couldn't presumptively say that they were not residents of
19
the RUD.
20
Q.
So when you were telling him -- the
21
cross-examination, then, from the assistant attorney general
22
here, you were leaving the impression that you tried to warn or
23
tell Adrian that he couldn't do that, you never really gave him
24
that impression in your conversations before he voted, did you?
25
MR. WHITE:
Objection, leading.

281-723-9090
193
THE COURT:
You can rephrase.
3
4
Q.
A.
I don't know what impression I gave.
Q.
Okay.
That answers the question for me if you don't
THE COURT:
10
MR. WRIGHT:
Anything else?
If I can approach the Court
Reporter here.
12
13
I know that
know.
11
Did you ever give him the impression
I --
7
8
It's leading.
that he was going to violate the law?
5
6
(BY MR. WRIGHT)
Sustained.
THE COURT:
Q.
(BY MR. WRIGHT)
Okay.
I want to show you, again,
14
Defendant's Exhibit Number 4.
You were testifying a minute
15
ago -- or a few minutes ago about a person's residence meaning
16
a domicile.
17
attorney general's office?
And you were using the word "permanent" with the
18
A.
Right.
19
Q.
Now is that in the definition?
20
A.
No.
21
22
23
It describes it as one's home and fixed place of
habitation.
Q.
Okay.
And so was permanent ever in the definition of
residence?
24
A.
Not as far as I know.
25
Q.
Okay.
And were you aware it was removed in 1991?

281-723-9090
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1
2
THE COURT:
Hold on.
In all fairness, that's
not the complete answer to that law, is it, on that --
THE WITNESS:
THE COURT:
Right.
Okay.
And I'm going to be
instructing the jury on what the law is, so let's make sure
that they're not confused.
domicile, that is one's home and fixed place of habitation.
And that's where he ended.
that sentence.
10
11
But you said residence means
And there's still something more to
THE WITNESS:
Right.
To which one intends to
return after any temporary absence.
12
THE COURT:
So we're clear.
13
THE WITNESS:
The reason why the word
14
"permanent" comes in is because it distinguishes it from the
15
temporary.
16
temporary or you can consider your absence from a place
17
permanent.
18
Q.
You can either consider your absence from a place
So -(BY MR. WRIGHT)
But you already told Adrian that
19
there is no time limit, time restriction on how long you have
20
to stay at a place, right?
21
A.
22
23
MR. WHITE:
Objection, leading and asked and
THE COURT:
Sustained.
answered.
24
25
Right.
Q.
(BY MR. WRIGHT)
Also, there was a -- on the voter

281-723-9090
195
registration card --
2
3
MR. GLICKLER:
Q.
(BY MR. WRIGHT)
States 7.
Okay.
Where it says down here on
the bottom that you're swearing to things, okay, and it says
that you're supposed to please read all three statements to
affirm before signing.
Doesn't it say that?
A.
Yes, that's right.
Q.
Okay.
And so can you read those for the jury?
A.
Yeah.
The three statements are, I am a resident of
10
this county and a U.S. citizen.
11
convicted of a felony or, if a felon, I have completed all of
12
my punishment, including any term of incarceration, parole,
13
supervision, period of probation or have been pardoned, and I
14
have not been determined by a final judgment in a court
15
exercising probate jurisdiction to be totally mentally
16
incapacitated or partially mentally incapacitated without the
17
right to vote.
18
19
Q.
I have not been finally
So do those three statements say that my residence
for voting purposes is what I put on this form?
20
A.
Well --
21
Q.
It doesn't say that, does it?
22
MR. WHITE:
Objection, leading.
23
THE COURT:
Sustained.
24
25
Q.
(BY MR. WRIGHT)
Does it say that I have identified
the home where I live in on this form?

281-723-9090
196
THE COURT:
A.
Well --
Q.
(BY MR. WRIGHT)
Does he need to go down or up?
There's three things when you're
signing that you affirm those three things right there,
correct?
A.
Right.
Q.
So why doesn't that form -- if you know from your
years at the Secretary of State's office, why doesn't it say
that you're also affirming that what I'm listing as my
10
11
residence is where I live, my permanent domicile?

A.
It's the paragraph just above that affirmation where
12
the voter, by signing, is saying I understand that any false
13
statement I make on this application may result in criminal
14
prosecution.
15
to be -- and all of the information provided on the application
16
is being sworn to as being true.
17
18
Q.
And so the whole of the application is considered
But it uses the word "residence" and not "domicile,"
doesn't it?
19
A.
That's right.
20
Q.
Okay.
Now, last question I have is:
On that form --
21
well, I guess I can put it back up.
But on that form, it's
22
dated at least 30 days before the election.
23
the 5th or something like that.
24
whatever you list as your residence, you have to be physically
25
present there on the day you fill out your voter registration
I think it's March
So did you tell Adrian that

281-723-9090
197
application?
A.
No.
Q.
Why wouldn't you have told him that?
A.
Because from my perspective, it's -- it's irrelevant
I wouldn't have said that.
where he physically is when he fills out his application.
What's important is what is his state of mind regarding his
domicile.
8
9
Q.
Okay.
Do you know why the word "domicile" is not put
on that registration card, if you know?
10
A.
11
peculiarity.
12
and stick it into a statutory definition of residence.
13
residence is usually considered to -- I mean, as a general
14
legal term, residence just refers to where you happen to be
15
living right now.
16
statute that defines it for purposes of voting as being your
17
domicile.
18
19
20
Q.
The statutory definition -- it's a drafting

You take the common-law definition of domicile
understand that?
A.
Well, yeah.
MR. WHITE:
25
Objection.
Is there a question, or
is it leading?
23
24
So it gets a peculiar meaning because of a
And the average ordinary voter is supposed to
21
22
But
MR. WRIGHT:
Q.
(BY MR. WRIGHT)
I'm asking.
Is that why there's a hotline for
people to call?

281-723-9090
198
1
2
3
4
5
A.
That's why the back of the certificate says, for any
questions, call the Secretary of State's office.

Q.
Okay.
And that's what Mr. Heath did in this case,
correct?
A.
Yes.
MR. WRIGHT:
Pass the witness.
RECROSS-EXAMINATION
BY MR. WHITE:
Q.
I'm going to refer you to State's Exhibit 7, here in
10
Box 3 where it says "residence address."
11
rest of that for us, please?
Could you read the
12
A.
13
number.
14
P.O. box, rural route, or business address."
15
underneath it's typed in 9333 Six Pines.
16
Q.
17
"Residence address, street address and apartment

If none, describe where you live.
Do not include
And then
Thank you.
Now, Mr. Wright brought up your opinion on a
18
court decision and you said that you weren't happy because you
19
didn't believe that you could presumptively say that someone
20
does not live somewhere.
21
you have to look at the facts.
22
say that, but you have to look at facts?
And is that because you believe that

You can't just presumptively
23
A.
Right, right.
24
Q.
And once those facts were actually looked at and the
25
court included those in its decision, were you happy with that

281-723-9090
199
1
2
decision?
A.
Actually, I was -- on reading the appellate court
decision, the appellate court's findings of fact, I think went
through the elements that were considered in determining
whether the election was properly contested or not.
thought the appellate court successfully showed its work,
basically, by showing the facts that weighed against residence.
8
9
Q.
So I
And just to backtrack one step, the Secretary of
State doesn't determine the residence of a voter, correct?
10
A.
Right.
11
Q.
And neither does a voter registrar, correct?
12
A.
Right.
13
Q.
Okay.
In fact, they have to presume that the voter
14
is truthful and register them to vote and send them a card,
15
right?
16
A.
Yeah, absolutely.
17
Q.
Okay.
18
Now, a court is the only entity that can
determine residence; is that correct?
19
A.
Right.
20
Q.
And that would include this court, correct?
21
A.
Yes.
22
Q.
And that would include a judge or a jury, depending
23
on the type of trial, correct?
24
A.
Right, right.
25
Q.
Okay.
And when a court makes its decision, it bases

281-723-9090
200
its decision on the circumstances surrounding the person
involved and the true intention of that individual.
correct?
A.
That's true.
Is that
So the assumption is in an adversary
setting, both sides are going to present as -- all of the
evidence they have that supports their view of the question of
residence.
in and weigh it.
contest cases, they will go through 20 or 30 voters and they
10
will say Mr. Smith lived at the home for six months, but was
11
taken ill and taken to a nursing home.
12
into fine-grain detail trying to suss out all of the
13
circumstantial evidence that might open a window onto a
14
person's state of mind.
15
Q.
And the court is going to take all of that evidence
Okay.
And you see in a lot of the older election
I mean, they will go
There are some categories of individuals that
16
present some challenges in determining residence such as
17
snowbirds, RV enthusiasts, four-year college students,
18
soldiers, people like that.
19
20
Is Adrian Heath any of those people, to your

knowledge?
21
A.
No, not as far as I know.
22
Q.
Okay.
23
And in talking with Adrian Heath, did he ever
ask you to sign off on his plan?
24
A.
No, I don't think so.
25
Q.
And if he had, would you?

281-723-9090
201
A.
No.
I know that I made very strong statements of
opinion about the RUD, but I didn't -- I certainly would be
horrified to think that I would have told any voter to
misrepresent their intent.
their intent as given to me.
6
7
Q.
I mean, I'll accept the truth of

And --
So what you're saying is it's not your job to
question intent?
A.
Right, right.
Q.
So you would have never recommended to someone that
10
they put a false intent out there --
11
A.
No.
12
Q.
And sincere in terms of being a domiciliary intent,
13
14
I would make clear the intent has to be sincere.
to make a place one's home?

A.
Right.
15
MR. WHITE:
I pass the witness.
16
THE COURT:
Anything else?
17
MR. WRIGHT:
18
THE COURT:
19
20
21
22
Yes, Your Honor.

Go ahead.
FURTHER DIRECT EXAMINATION

BY MR. WRIGHT:
Q.
Mr. Kulhavy, the August 2012 phone conversation was
recorded, was it not?
23
A.
Yes, that's right.
24
Q.
In which you were expressing your opinion about
25
Mr. Heath's behavior and the others, correct?

281-723-9090
202
A.
Right.
Q.
And in that conversation, your attitude is quite a
bit different than what you're telling the jury today about
their behavior in retrospect, isn't it?
5
6
MR. WHITE:
August 2012.
Do we need to approach?
THE COURT:
Come on.
jury.)
10
MR. WRIGHT:
Judge, the way he's responded --
11
it's about an hour, like 50 minutes.
12
was telling him basically that, you know, dirty judge, dirty
13
developers.
14
they had done and he was approving of what they had done and
15
it's the opposite of what they just got him to say here today.
16
Now, my suggestion might be -- well, I don't know, you might
17
want to play it without the jury here so you can screen it.
18
don't know.
19
All this stuff.
And he is telling -- he
And he was laughing about what
I've listened to it once.

MR. GLICKLER:
Judge, this recording is five
20
months after Mr. Heath has been indicted.
This is two years
21
after the appellate court's decision.
22
this issue before this court, which is the voter's intent on
23
May 8, 2010.
24
developers that are corrupt, that's not relevant and to any
25
extent that any of it would be relevant.
This is not relevant to
Additionally, anything about the RUD and the
He has admitted that

281-723-9090
203
his attitude on that phone call was different and based on
certain things.
extremely prejudicial to all other issues in this court.
All of that other information would be
MR. WRIGHT:
See, our whole case is, Judge, he
had this attitude with my client on the phone in these
conversations.
see the look on their face.
Yeah, you can vote from there.

All that --
MR. GLICKLER:
MR. WRIGHT:
10
I would have cautioned him.
11
not true.
I would like to
He admitted that.
Now, they just got him to say, no,
I wouldn't have done that.
That's
He's got the same attitude in this phone call.
12
THE COURT:
The circumstances of 2012 sounds
13
as -- I may draw a fair inference of him commenting on that
14
decision, not the civil court, which is samples and/or ranges.
15
Really, I've let that one go.
16
really beyond the scope of any testimony that ought to be
17
allowed in here or approving what a court does.
18
people are making independent determinations.
19
20
MR. WRIGHT:
But chastising the court is
Again, those
I didn't want it to come in for
that reason.
21
THE COURT:
But I'm going to sustain the
22
objection as being irrelevant based on the circumstances in the
23
record.
24
25
But if you want to ask him some more questions -MR. WRIGHT:
Then I would like to tender this,
Judge, and maybe have the Court listen to it.

281-723-9090
204
1
2
THE COURT:
what it says.
For what purpose?
You proffered
But I believe that -MR. WRIGHT:
To show his attitude that he had
with my client that caused my client to think it was okay to do
this.
MR. GLICKLER:
MR. WRIGHT:
In 2012 -And this -- no.
But I'm saying
this is the same attitude in 2012 now that he's been fired.
After this recording, he was fired.
10
unemployment, so he's changed his story.
11
12
They are fighting his
MR. GLICKLER:
Your Honor -- I'm not going to
allow the record to have that.
13
THE COURT:
But he may or may not have, but the
14
circumstances are all different.
15
think the jury needs to know what the position of the
16
circumstances were at the time of the event or afterwards if
17
there is an intent issue because sometimes you can do something
18
after an event, run from the crime scene that is relevant.
19
MR. WRIGHT:
20
THE COURT:
The act that was done, I
Here's -- here's -But this guy's opinion in 2012 from
21
what I've heard is no longer relevant for the issues in this
22
trial.
23
MR. WRIGHT:
24
THE COURT:
25
What it did -And this person is editorializing of
his feelings and you know how it goes.
Every time you ask him

281-723-9090
205
what time it is, he is telling you how you would make a clock.
God bless him.
MR. WRIGHT:
Here's my point --
THE COURT:
I've made my ruling.
MR. WRIGHT:
THE COURT:
You can proffer the recording into
the record.
8
9
The point is, Judge --
MR. WRIGHT:
Consider it this way.
He has been
fired and they're denying his unemployment, so he will testify
10
more favorably to the State.
11
MR. GLICKLER:
12
to that.
13
it's not true.
Your Honor, I'm going to object
This is the personal reputation of the attorneys and
14
THE COURT:
Again, I've made --
15
MR. GLICKLER:
And when the attorneys in this
16
case got -- I want to defend my -- that for one second.
17
the attorneys -- when me and Mr. White got ready for this trial
18
this week, we called the Secretary of State's office looking
19
for Kulhavy.
20
unemployment.
21
22
23
When
We didn't know anything about his firing or
MR. WRIGHT:
He tells me the AG is fighting his
unemployment.
THE COURT:
Again, there's nothing your saying
24
suggesting that these prosecutors or representatives of the
25
State are doing anything in that regard.
Remember --

281-723-9090
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MR. WRIGHT:
THE COURT:
MR. WRIGHT:
I know.
THE COURT:
All right.
sustained.
6
7
Remember, this is your witness.
Okay.
I would like to have this
marked as a bill.
THE COURT:
day.
We'll do it after, at the end of the
Thank you.
10
(End bench conference.)
11
THE COURT:
12
MR. WRIGHT:
13
Anything else?
Well, just one question in
follow-up.
14
15
And the objection is
Let's move forward.
MR. WRIGHT:
8
9
Okay.
That's why he changed his attitude.
THE COURT:
Q.
(BY MR. WRIGHT)
Yes, sir.
Suffice to say that your attitude
16
about -- in recalling your conversations and about what these
17
ten voters did voting from a hotel was very different in the
18
conversation you had in August 2012 with Mr. Heath, again,
19
about what they had done and what you had given to the State --
20
the prosecutors today?
21
A.
22
23
24
25
Well, there's -- Adrian or Mr. Heath and I -THE COURT:
Sir, that calls for a yes-or-no
answer and then he can follow it up if he wishes.

A.
The attitude expressed in all the phone calls was
sympathetic to Mr. Heath.

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1
2
Q.
(BY MR. WRIGHT)
Now, you say "sympathetic," would
that be something Mr. Heath would interpret as approving?
MR. WHITE:
Objection.
THE COURT:
Sustained.
Q.
(BY MR. WRIGHT)
Calls for speculation.
Was it your intention to give him
the impression that you approved of what he and the voters had
done?
8
9
A.
It was not my intention to give that impression.
think that Mr. Heath and I bonded over our --
10
MR. WHITE:
11
THE COURT:
Sustained.
12
Q.
13
conciliatory?
14
A.
Yes, I think so.
15
Q.
Okay.
16
(BY MR. WRIGHT)
Well, was your attitude toward him
And that basically your intent was to comfort
him and let him know that what he did was okay, wasn't it?
17
MR. WHITE:
Objection, leading.
18
THE COURT:
Sustained.
19
You can rephrase the question.
20
Q.
21
22
(BY MR. WRIGHT)

THE COURT:
It's leading.
Well, so -Any time -- any time it ends with
wasn't it, it's going to be a leading question.
23
Q.
(BY MR. WRIGHT)
So your attitude was different than
24
what you expressed in the courtroom in your conversation with
25
him?

281-723-9090
208
MR. WHITE:
Q.
(BY MR. WRIGHT)
3
4
MR. WHITE:
Objection, leading.
What was your attitude?
Objection to the sidebar statement
prior to the question.
THE COURT:
Go ahead.
A.
Overruled.
The attitude I had in all the phone conversations
with Mr. Heath was sympathetic and supportive based on my
own -- and with respect to the RUD district's handling of its
10
elections.
11
12
Q.
Okay.
So you're sympathetic and supportive.
you.
13
MR. WRIGHT:
14
BY MR. WHITE:
16
Q.
Do two wrongs make a right?
17
MR. WRIGHT:
Objection.
Not relevant.
THE COURT:
You can throw in argumentative
there, too.
21
It's sustained.
22
You can ask your next question.
23
MR. WHITE:
24
25
Calling
for speculation.
19
20
I pass the witness.
FURTHER CROSS-EXAMINATION
15
18
Thank
I had something else, but it's gone
on long enough that I have forgotten.

THE COURT:
So no further questions.
Can he be released?

281-723-9090
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1
2
MR. WRIGHT:
THE COURT:
All right.
THE WITNESS:
THE COURT:
MR. WRIGHT:
THE COURT:
(Witness is sworn.)
10
THE COURT:
11
MR. WRIGHT:
12
Thank you.
Call your next witness.

Carol Gaultney.
Come on down.
Please have a seat.
Thank you.
If I may proceed, Your Honor?
CAROL GAULTNEY,
14
15
Sir, you are released.
Thank you.
13
He has
to get back out of town.
3
4
Yes, he could be released.
DIRECT EXAMINATION
BY MR. WRIGHT:
16
Q.
Could you tell the jury where it is you reside now?
17
A.
Currently in San Marcos, Texas, and also in Beaumont,
18
Texas.
19
Q.
So you have two residences, huh?
20
A.
Correct.
21
Q.
And I understand you are retired now?
22
A.
From election administrator, yeah.
23
Q.
How long were you -- well, tell the jury what your
24
25
position was with regard to elections in Montgomery County?

A.
The Montgomery County elections administrator and

281-723-9090
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federal registrar.
Q.
How long did you have that position, from when to
A.
May 2001 until September 2011.
Q.
And can you describe for the jury what your duties
6
7
when?
were as the election administrator?

A.
It was as voter registrar for the county and we
conducted elections for the county and the job increased over
that ten years with the implementation of electronic equipment
10
to doing elections for a lot of the over 100 entities that are
11
in the county.
We did joint elections with them.
12
Q.
All right.
13
A.
Yes.
14
15
16
So you would conduct elections, right?
MR. WHITE:
Q.
(BY MR. WRIGHT)
Objection, leading.
What else did you do besides conduct
elections?
17
A.
I did the federal registration for the county.
18
Q.
All right.
19
A.
It entailed processing administratively all the voter
What did that entail?
20
registration cards that came in, cancellations, sending out
21
voter registration cards every two years, making lists for
22
entities that they did their own elections for their elections,
23
getting voter registrations for our elections.
24
25
Q.
Okay.
Do you recall election preparations, I
guess -- or the time before the RUD, late May 2010 road utility

281-723-9090
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1
2
elections in The Woodlands?

A.
Do I recall -- yes.
We were doing 28 elections in
March, April, May, June.
doing the elections that we conducted to -- were contracted to
conduct.
Q.
Okay.
A.
No.
Q.
Okay.
So we were working around the clock
Did your office conduct the RUD election?
But some issues came up about that election;
is that correct?
10
A.
Correct.
11
Q.
When do you first recall there -- well, first of all,
12
do you know Adrian Heath?
13
A.
I do.
14
Q.
How do you know Mr. Heath?
15
A.
He came in the office on numerous occasions for
16
various things on elections over the years and dealing with him
17
with the public information request and a complaint he had
18
filed on public information.
19
met him.
20
21
Q.
Okay.
A.
Yes.
23
Q.
Okay.
25
So you knew who he was in, I guess, March of
2010; is that correct?
22
24
So I think that's when I first
MR. WRIGHT:
If I may approach the Court
Reporter, Your Honor?

281-723-9090
212
Q.
(BY MR. WRIGHT)
I want to show you for the record
what's been marked State's Exhibit Number 7.
pages on that.
is a copy of?
A.
Yes.
And one of the
And do you recognize what that piece of paper
It's Mr. Heath's voter registration
application, dated March 5, 2010.
Q.
And is that showing a change of address?
A.
Yes, it is.
Q.
All right.
And do you remember having a discussion
10
with him around that time period about his changing his
11
address?
12
A.
I did at some point.
Now the timeframe is a blur.
13
know he called on the phone about just general questions one
14
time.
There was a time, I don't know if it was around this
15
time.
You know, I'm not sure of the date when we had a
16
discussion on this.
17
Q.
Okay.
But do you recall during, I guess, the winter
18
of 2010, I guess that time period, having a discussion with
19
Mr. Heath about the voter laws and residency?
20
A.
Yes.
21
Q.
And do you recall what the substance of that
22
23
conversation was?
A.
My first recollection or the first conversation was
24
when he called regarding an article that appeared in Tarrant
25
County and he asked questions about registering a business --

281-723-9090
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basically about questions about registration, where you can
register a business.
Secretary of State said and asked me to clarify, if I agree
with that.
and what we can and can't do.
Q.
I believe he told me some things the
And I remember talking to him about the procedures
Okay.
So let me get -- so he told you that he had
already spoken with someone at the Secretary of State's office
about --
A.
That's my recollection.
10
a half years ago.
11
a blur when we're so busy.
12
Q.
But remember it's three and
Each individual conversation, it is sort of
So what I'm trying to get at is what things, then,
13
did you tell him about choosing your residence for voter
14
purposes and things like that?
15
A.
Do you recall?
I just remember -- on the business line, I do
16
remember telling him that what we do is we get an address that
17
we know clearly is a business, we send a letter that was a form
18
from the Secretary of State.
19
address.
20
business and they don't respond, we still register them with
21
that address.
22
complaints, we have had questions about registrations, the only
23
thing we can do as a voter registrar is send a confirmation
24
card.
25
someone's eligibility or residency.
We still register people at that
We cannot challenge the address.
We -- if it's a
I told them that if anyone, you know, had
If there is any issue on residency, we need to question

If they say they live

281-723-9090
214
there, we have to take that as a statement.
that as a correct statement.
live at a certain address, we cannot challenge that other than
to send a confirmation card if we have any reason to believe an
address has changed.
Q.
Okay.
We have to take
If someone tells us that they
And so was the tone of the conversation -- can
you describe what the tone was of the conversation with
Mr. Heath that you had about voting residence?
A.
The tone.
10
Q.
Friendly, businesslike, was there any laughing, you
A.
I don't remember that.
11
I don't know how to describe tone.
know?
12
You know, I remember that
13
conversation as being, you know, what do we do, the forms, the
14
procedures, what we can and can't do.
15
Q.
All right.
Did you discuss with him or tell him
16
about examples of people that had registered from different
17
locations?
18
A.
I remember a conversation about the special districts
19
and I remember talking about special districts, about MUD
20
formation elections, things like that where -- you know, one or
21
two of the elections we have done, there were two people
22
registered at an address.
23
remember specifically talking about other people, you know,
24
that we had people complain that they didn't reside in the
25
area.
I remember that discussion.
I don't recall that.

281-723-9090
I don't
215
1
2
Q.
Well, did you discuss the law with regard to
residency with him?
A.
I did.
Q.
What sort of things did you tell him about the
residency law?
A.
Well, the Secretary of State provides training for an
office.
basically administrators of the voter registration cards.
have training.
We have no enforcement authority.
We're just
They
They have always told us you cannot question
10
residency.
If a voter says they live somewhere, you have to
11
take that at face value.
12
that we're -- you know, we're told by the Secretary of State
13
who does annual training with us, you know, what we can and
14
can't do.
15
So we did discuss that.
I told them
Does that answer your question?
16
Q.
Did you talk to him about the escapee case?
17
A.
The escapee?
18
Q.
In Polk County?
19
A.
I don't remember.
20
Q.
Did you discuss with him the Texas Watchdog article?
21
MR. WHITE:
22
THE COURT:
You can answer, do you remember.
23
A.
Okay.
Hearsay.
My recollection is that that's what -- is that
24
was what he first called me about, was an article.
25
same one, the Watchdog.

281-723-9090
Is that the
216
Q.
(BY MR. WRIGHT)
The Watchdog?
A.
About the Tarrant County elections.
Q.
So did you discuss that with him?
A.
We did.
Q.
What did you tell him about what happened in Tarrant
County.
MR. WHITE:
THE COURT:
Sustained.
Q.
(BY MR. WRIGHT)
Did that article deal with residency
10
issues in Tarrant County?
11
MR. WHITE:
12
THE COURT:
Sustained.
13
Q.
(BY MR. WRIGHT)
Do you recall receiving that change
14
of address voter application from Mr. Heath around that time
15
period?
16
A.
17
remember him.
18
tried to give it to me, I probably would have told him to give
19
it to our voter registration clerk.
20
for sure.
No.
No.
It would have gone -- I mean, I don't
It was a walk-in.
21
Q.
Okay.
22
A.
I don't --
23
24
25
MR. WRIGHT:
He did walk it in.
If he
But I don't -- I can't say
If I may approach the Court
Reporter, Your Honor?

Q.
(BY MR. WRIGHT)
Did you have a discussion with

281-723-9090
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Mr. Heath about whether or not there were any voters in this
Woodlands RUD District Number 1?
A.
I don't believe at that point.
I do remember he did
public information requests and asked about voters and that --
that entity was not defined in our database.
have over a hundred entities and it's a long process, very
involved process to get one defined so that we can give them to
registered voters.
As I said, we
Q.
What do you mean by defined in our database?
10
A.
Well, an address -- you know, you might be registered
11
at one address.
12
different precinct.
13
than you do.
14
entities and the intersecting lines, I mean, it can be that
15
close that one neighbor gets a different ballot than another.
16
So we have to define that in our voter database to make sure
17
that every entity that a voter gets a ballot for is on their
18
record.
19
Q.
20
Your neighbor might actually vote at a

They might have a totally different ballot
Your neighbor across the street.
With a hundred
And you had started -- you had taken over the
elections office in 2001; is that correct?
21
A.
Yes.
22
Q.
Had you run an election for The Woodlands Road
23
Utility District Number 1 since you had been appointed election
24
administrator?
25
A.
No.

281-723-9090
218
1
2
3
4
5
6
7
Q.
So to your knowledge, had there been any elections
done for that road district?

A.
There was a request on that and we checked all our
files and we did not find anything about any election for that.
Q.
So did Mr. Heath bring any of that to your attention
in early 2010?
A.
He did.
We discussed -- eventually.
I don't think
it was this initial conversation, but there was eventually
discussions about the RUD.
10
the RUD.
We were also with the attorneys for
They contacted us and said at one point --
11
MR. WHITE:
Objection to hearsay.
12
THE COURT:
Sustained.
13
14
Q.
(BY MR. WRIGHT)
Well, without telling us what they
told you -- I guess, what attorney was that?
15
A.
Mike and Mitch Page.
16
Q.
Okay.
So without telling us what they told --
17
without telling us what they told you, what did you do after
18
you talked with them?
19
A.
We -- I was not willing to certify registered voter
20
list with only two voters that they gave me.
They gave me two
21
names.
22
down because we're in the middle of a runoff election, we
23
attempted to define their voters in our database, to try to
24
find out if there were other voters within that RUD district.
25
We had a map that they had given us which wasn't a lot of help.
So we attempted -- even though our system was locked

281-723-9090
219
So we had to go about getting with the appraisal district and
other entities to try to get the database and see if there were
any other voters within that district.
4
5
MR. WRIGHT:
Honor.
6
7
THE COURT:
Q.
(BY MR. WRIGHT)
Yes.
So what I am showing you is
Defendants Exhibit Number 5.
that certification of voter registrar?
10
A.
Right.
11
Q.
Okay.
12
form exists?
13
A.
And is that your signature on
It's electronic signature.

And can you tell the jury why this letter or
This is what we send to entities that do their own
14
election.
15
actually state forms because -- I forget when it happened, but
16
the State was required to do a statewide voter database.
17
this is the language.
18
county, but it comes through a statewide database.
19
it was in 2006 or '8.
20
It's a form -- the first and third paragraph are
So
We do all the voter registration for our

I believe
Not sure.
So this language, except for the middle
21
paragraph, is language on the state form that we put on -- this
22
is a certification of all the registered voters.
23
is doing their own election like a MUD, we will -- before their
24
election, before early voting, we will give them their list of
25
registered voters.
So if someone
If it's not defined in our database,

281-723-9090
220
normally what we do is give them the entire voting precincts'
names and it's up to the election judge conducting the election
to define and try to find the voters.
4
5
MR. WRIGHT:
If I may approach the witness
again?
THE COURT:
Q.
(BY MR. WRIGHT)
You may.
So what you did is you gave them the
list -- and I counted this before, it's 24 voters.
look about right?
Does that
10
A.
Yes.
11
Q.
And did you read the names on that before you sent
12
that over to the RUD?
13
A.
Yes, I did.
14
Q.
Okay.
15
A.
Yes.
16
Q.
Okay.
17
A.
when.
20
21
He indicated to you that he was registering to
vote at that address inside the RUD?
18
19
Did you notice Mr. Heath's name on there?
At some point we discussed that.
I don't remember
But, yes, there was a discussion.

Q.
At some point what was the discussion about him
voting from the Six Pines address?
22
A.
I do remember cautioning Mr. Heath about false
23
information on a voter application is a crime.
I do remember
24
that.
25
districts and how you -- those get formed, how the voters
I do remember discussing with him, you know, the special

281-723-9090
221
register if there's no residents in there.
I do remember discussing, again, what we can and can't do about
registration.
Q.
5
6
That was discussed.
Did you ever discuss with him that the voter
residency laws require -- need clarification?

A.
I did.
It was my opinion that they did need to be
clarified.
I think most elections people would.
I have heard
that through most election people, that clarification was
needed for us -- some clarification as to maybe what we could
10
and couldn't do or voter clarification.
But also the fact that
11
there are many reasons why they are the way they are.
12
living in multiple residences.
13
there's very -- you know, I mean, I do know there are very good
14
reasons why they are broad.
Students, military.
People
I mean,
15
Q.
Okay.
16
A.
But it's difficult to do your job sometimes in an
17
18
election.
Q.
Well, did you -- did you give him the impression with
19
what you were saying -- or rather, did you intend to give him
20
the impression that the residency laws are very confusing?
21
A.
Confusing?
22
Q.
Well, they need clarification.
23
I'm not sure.

Is that what you
meant?
24
A.
Yes, that they were somewhat vague.
25
Q.
And so did you tell him anything about -- in response

281-723-9090
222
to what he was doing as far as registering at the Six Pines
address and voting in that election?
A.
Not that I recall, other than -- I mean, I just do
distinctly remember telling him -- cautioning him about that he
is swearing -- you know, there's an affidavit.
6
7
Q.
was trying to do?
8
9
Do you recall telling him that you admired what he
A.
No, not in that context.
Not in that context.
I do
remember saying that, but it wasn't in that context.
10
Q.
And what context was it?
11
A.
It was -- it was in regard to the activism.
Like I
12
mentioned, he had filed a complaint on our office about public
13
information because we wanted to charge for some of our time
14
and it greatly improved our public information request, just
15
because we didn't want to do all that work and not get paid for
16
it.
17
was, you know, getting involved.
18
some Conroe issues and just getting involved in -- you know, in
19
doing -- you know, if you see some things that you think is
20
wrong, actually getting involved in doing the work rather than
21
just complain about it.
So we automated it so the requests were actually -- and it

We had had discussions on
But actually pursuing it.
22
Q.
That's what you admired?
23
A.
Right.
24
25
Not that he was -- no.
But not --
That was not anything
I would have -Q.
Okay.
Now, do you recall discussing with First

281-723-9090
223
Assistant District Attorney Phil Grant anything about the
discussions of Mr. Heath and what was going to happen in the
RUD district?
A.
Yes, I do.
5
6
7
MR. WRIGHT:
Honor.
Q.
(BY MR. WRIGHT)
premarked as Defendant's Exhibit Number 7 and ask you if you --
can you see that?
That's pretty small.
10
A.
No.
11
Q.
Do you recognize that?
12
A.
I do.
13
Q.
And what is that?
14
A.
It's an e-mail to myself from Phil Grant, a residency
15
question.
16
MR. WHITE:
17
hearsay document.
18
testifying as to its contents.
19
Q.
It's not in evidence.
(BY MR. WRIGHT)
This is a
We shouldn't be
Well, without telling me what's in
20
it, is this an e-mail that was from Mr. Grant to you on the
21
subject of residency question on April the 20th, 2010?
22
A.
It is.
23
Q.
It is.
24
25
Okay.
And this was part received by you as part
of your official correspondence or e-mail correspondence in

281-723-9090
224
your position as election administrator; is that correct?
MR. WHITE:
MR. WRIGHT:
Objection, leading.
I tender a copy of Defendant's
Exhibit Number 7 to counsel for their review and ask that it be
admitted into the trial.
MR. WHITE:
We'll object to hearsay.
THE COURT:
Sustained.
(BY MR. WRIGHT)
All right.
8
9
Q.
references a discussion with --
10
11
MR. WHITE:
Objection.
He's referring to a
hearsay document and its contents.
12
13
In this case, it
THE COURT:
Q.
(BY MR. WRIGHT)
It's sustained.
Let me ask it this way.
Did you
14
discuss the definition or philosophy of the Secretary of State
15
regarding residency with Mr. Grant?
16
17
18
19
A.
My recollection is I -MR. WHITE:
I'll object to the relevance of the
discussion of residency.
THE COURT:
Response?
I mean, this is a
20
discussion between an earlier witness and this witness; but
21
again, what is the point of this case where the Defendant,
22
Mr. Heath, is charged with a crime?
23
MR. WRIGHT:
Because it's showing that it was
24
the definition that Mr. Heath had discussed with her and with
25
Mr. Grant about the Secretary of State definition of residency.

281-723-9090
225
And it goes to show what his state of mind was before he made
that vote.
MR. WHITE:
The State's response that a
conversation between this witness and Phil Grant would have no
bearing of his state of mind of Mr. Heath.
THE COURT:
Wouldn't it?
I mean, isn't that --
but he's not a party to that conversation, is he, in that
communication that you're talking about?
MR. WRIGHT:
10
THE COURT:
11
MR. WRIGHT:
12
No, he's not a party.

All right.
Then sustain --
But they're discussing what he had
said.
13
THE COURT:
Well, until you can --
14
MR. WHITE:
That's not factually true.
15
would be hearsay.
16
17
That
THE COURT:
Q.
(BY MR. WRIGHT)
All right.
Sustained.
Well, so you were aware, because you
18
had put the voter list together, that he and some people were
19
getting ready to vote from a Residence Inn hotel.
20
correct?
Is that
21
MR. WHITE:
Objection, leading.
22
THE COURT:
It is leading, but the day is late.
23
MR. WRIGHT:
24
THE COURT:
25
A.
It's in evidence.
You can answer.
Yes, sir.

281-723-9090
226
Q.
(BY MR. WRIGHT)
A.
Yes.
Q.
And you didn't tell him, stop, don't do that, did
You were aware, correct?
you?
MR. WHITE:
Objection, leading.
THE COURT:
Sustained.
7
8
Q.
(BY MR. WRIGHT)
Do you recall what you told him
about it?
A.
What I told who?
10
Q.
Mr. Heath?
11
A.
About?
12
Q.
About voting from the Residence Inn?
13
A.
I don't recall any particular conversation about
14
voting from the Residence Inn.
15
Q.
Did you talk --
16
A.
I don't -- I might have misunderstood.
17
Q.
Did you talk to -- did you bring to the attention of
18
Mr. Phil Grant what you had discovered about voting -- these
19
people voting from the Residence Inn?
20
21
MR. WHITE:
Objection, relevance, what she told
Phil Grant.
22
MR. WRIGHT:
23
THE COURT:
24
MR. WRIGHT:
25
THE COURT:
What I'm getting at -I know.
But again --
I'll withdraw that.

Sustained.
Rephrase it.

281-723-9090
227
Q.
(BY MR. WRIGHT)
Did you ask Mr. Phil Grant on behalf
of Brett Ligon, the DA, to send a letter to the registered
voters in the RUD who were on the list that you had provided to
the RUD?
A.
Yes.
Q.
So were you aware that he had sent a letter?
A.
He sent me a copy after the fact.
Q.
After the fact.
9
10
All right.
you discuss any of that with Mr. Heath?
11
12
13
So after you saw that letter, did
A.
busy.
I don't recall discussing it with him.
We were very
I mean, I don't recall the discussion.

Q.
You didn't call Adrian -- Mr. Heath, who you knew,
14
and say, what's this about, what are you getting ready to do,
15
or anything like that?
16
A.
No.
17
MR. WRIGHT:
18
All right.
I pass the witness.
CROSS-EXAMINATION
19
BY MR. WHITE:
20
Q.
Ms. Gaultney, did Mr. Heath ever tell you that, hey,
21
nine voters and I are thinking about registering to vote at
22
Marriott Residence Inn and voting in this RUD election?
23
ever tell you that?
24
25
A.
He never told me about nine voters.
some point I was aware of what was going on.

281-723-9090
Did he
You know, at
I don't remember.
228
I mean, not nine voters.
staff let me know when somebody registered there.
Q.
registering?
A.
I kept tabs on that by having our
So you ultimately found out that folks were
Right.
I found out and I cautioned everybody that,
you know, let me know when somebody, so I could be aware
because I was having discussions with the attorneys and trying
to prepare for the election.
Q.
Okay.
So prior to his registering to vote, which was
10
on March 5th, March 5th of 2010, he never came to you, told you
11
what he was planning to do, and asked you if it was okay, did
12
he?
13
A.
Asked if it was okay?
14
Q.
He never asked your opinion on what he was doing?
15
A.
Well, he asked what would happen if -- I mean, he did
16
17
No.
ask procedural questions and he asked about voter residency.

Q.
So did he actually find out that you couldn't do
18
anything if he registered at an address that wasn't his
19
residence, you would have to accept it?
20
from him?
Did you find that out
21
A.
Yes.
22
Q.
And --
23
A.
We had to take the voter's -- the law is we shall
24
25
register them where they say they live.

Q.
I'm sorry?
I didn't understand.

281-723-9090
229
1
2
A.
So, yes, there was probably a discussion that we have
to take the voter's word for it as to where they reside.
Q.
Okay.
So then he brought you a registration at some
point to your office registering to vote at that Residence Inn;
is that correct?
A.
I don't remember him bringing it to me.
But it is -- I can tell it was a walk-in.
He could
have.
He did walk
it in to our office.
I might have -- I would think I would have told him to take it
If he gave it to me, I do not remember.
10
to the voter registration people or maybe I did.
11
recall that.
12
Q.
I don't
And you actually cautioned him about providing an
13
address on that form, that he was swearing to the truth of that
14
statement.
15
A.
Isn't that right?

I don't remember when.
I just remember one time in
16
the discussions.
17
recall at one point in a discussion with him just that giving
18
false information on a voter registration form is a crime.
19
that might have been in the discussion about residency, you
20
know, that we have to take it.
21
can't enforce that other than send a card.
22
I don't -- I don't recall when.
I just
We're not enforcement.
We
MR. WHITE:
No further questions for this
24
THE COURT:
Anything else?
25
MR. WRIGHT:
23
witness.
Just a couple of things, Your

281-723-9090
And
230
Honor, based on that.
THE COURT:
3
4
BY MR. WRIGHT:
5
6
Q.
At the time that you were serving back in 2010, who
was the county attorney?
A.
David Walker.
Q.
All right.
9
10
Go ahead.
And did you ever discussed any of these
voting issues, the residency issues with David Walker, the

county attorney?
11
MR. WHITE:
12
THE COURT:
Sustained.
13
Q.
(BY MR. WRIGHT)
Well, if you wanted to take some
14
legal action to -- I guess to a court on some election issue,
15
who would be the attorney you would go to?
16
A.
Well, I did, in the past, refer things to the
17
district attorney.
Not residency because we can't challenge
18
that.
19
a letter and get the backup information to the district
20
attorney.
21
notice that the appeal -- when I saw that the appeal of the
22
election contest was final, my question to David -- I went to
23
David Walker because I wasn't -- it was a procedural question
24
for me.
25
the district clerk about what do I do, do I take these people
But ballot by mail or people voting twice, I would send
I do remember, for example, when I received the
I also went to the Secretary of State.

281-723-9090
I also went to
231
off the voter registration rolls after this appeal has been
finalized, you know.
Q.
So one person that you can go to for advice is the
Secretary of State on election issues, another is the county
attorney, correct?
A.
Yes.
Q.
In other words, he was like the county's lawyer and
answers questions for the county departments?
A.
I worked with him on DOJ, Department of Justice,
10
filings before every election.
11
few --
12
Q.
Okay.
And that was really one of the
So that's what I'm getting at.
So my question
13
is:
Did you have enough concern that you contacted David
14
Walker about these voters that were on the list at the Six
15
Pines address?
16
A.
No.
17
Q.
You never contacted --
18
A.
It's not -- no.
When people call to ask how to
19
challenge if they have a problem and we have had a lot of
20
instances of people saying, that person doesn't live there, I
21
would recommend they go to the district attorney or the
22
Secretary of State.
23
sometimes refers to the attorney general, but I would suggest
24
that they go to the district attorney for a criminal matter.
25
Q.
And I know about the Secretary of State
If it's a civil matter, you would go to the county

281-723-9090
232
attorney?
A.
Right.
If it was something -- back on that judgment
for the election contest, you know, I wanted to know what to
do.
and the county attorney.
know, what do I do with these voters after this.
So I was looking for direction from the Secretary of State

I didn't receive an abstract.
Q.
That was well after the fact?
A.
Right.
Q.
My question is:
You
That was after -Before the election, you didn't go
10
to Mr. Walker, the county attorney, for any advice on this,
11
correct?
12
A.
No.
13
14
MR. WRIGHT:
That's all
RECROSS-EXAMINATION
16
BY MR. WHITE:
17
Q.
19
Thank you.
the questions I have of this witness.
15
18
All right.
Ms. Gaultney, do you ever challenge a voter's
residence and refer it to David Walker?

A.
No.
20
MR. WHITE:
Pass the witness.
21
MR. WRIGHT:
22
THE COURT:
Can she be excused?
23
MR. WRIGHT:
Yes, Your Honor.
24
THE COURT:
25
Next.
I have no further questions.
You are excused, ma'am.

281-723-9090
Thank you.
233
1
2
MR. WRIGHT:
Judge, our next witness is Jim
Doyle.
THE COURT:
(Witness is sworn.)
THE COURT:
Your witness.
MR. WRIGHT:
THE COURT:
9
10
Thank you.
May I proceed, Your Honor.

Yes.

DIRECT EXAMINATION
BY MR. WRIGHT:
13
Q.
14
record?
15
A.
16
Have a seat, sir.
JIM DOYLE,
11
12
Mr. Doyle come forward.
Could you state your name and your address for the
My name is James William Doyle.
My address is
16728 Bending Oaks, Conroe, Texas 77385.
17
Q.
Okay.
18
A.
Well, I've been there about 40 years.
19
Q.
Okay.
20
A.
Well, I worked for Continental Airlines for 40 years.
21
How long have you lived there?
And what do you do for a living?
I retired on my 40th anniversary.
22
Q.
And when did you retire?
23
A.
Back in 2005.
24
25
It was May the 5th, on my anniversary
I started with the company.

Q.
Mr. Doyle, how long have you known Adrian Heath?

281-723-9090
234
A.
Probably three or four years or something to that
effect.
Q.
Well, you knew him in 2010; is that correct?
A.
Oh, yes.
Q.
Could you tell the jury what your wife's name is?
A.
Sybil Doyle.
Q.
What your daughter's name is?
A.
Her name is Roberta Cook.
Q.
All right.
It might have been a little longer.
10
11
Maybe five or six years.
MR. WRIGHT:
Q.
(BY MR. WRIGHT)
If I may approach the witness.

I want to show you what's marked
12
State's Exhibit Number 7, and ask you on the page where there's
13
a last and first names says, Doyle, Sybil?
14
A.
Right.
15
Q.
Voter registration application.
16
A.
Uh-huh.
17
Q.
And there's a signature.
18
Is that your wife's
signature on there?
19
A.
Yes.
20
Q.
And then going to the next page, there's -- there is
21
a voter registration application.
22
Roberta first name.
23
signature on that?
It's got Cook as last name.
Is that your daughter Roberta Cook's
24
A.
Right, right.
25
Q.
Were you aware that your wife and daughter had

281-723-9090
235
changed their registrations to 9333 Six Pines?
A.
Yes.
Q.
Okay.
A.
Well, I asked them to.
Q.
All right.
A.
Well, because of the fact that this road district was
Why did you ask them to do that?
there and it had a Board of Directors that had no --
8
9
And how was it that you became aware of that?
MR. WHITE:
A.
Objection, Your Honor, relevance.
-- no voters in it.
10
MR. WHITE:
There is an objection.
12
THE COURT:
Okay.
13
MR. WHITE:
I'll object to relevance, Your
15
THE COURT:
Response?
16
MR. WRIGHT:
11
14
You have to
quit speaking.
Go ahead.
Honor.
We're just trying to put the
17
background as to how he got involved -- his wife and daughter
18
got involved in changing their address.
19
THE COURT:
20
Go ahead.
21
22
Q.
(BY MR. WRIGHT)
Overruled.
So you were saying you had learned
about a road district?
23
A.
Yes.
24
Q.
Who did you learn from about the road district?
25
A.
Adrian.

281-723-9090
236
Q.
Mr. Heath?
A.
Right.
Q.
Okay.
And so what did he tell you about the road
district?
MR. WHITE:
THE COURT:
Sustained.
MR. WRIGHT:
Calls for
hearsay.
of the matter asserted.
We're not offering it for the truth
We're just offering to show what
10
Mr. Heath's state of mind was, that he was conferring with
11
Mr. Doyle, and why he took the actions that he took.
12
13
14
15
16
17
18
THE COURT:
Q.
(BY MR. WRIGHT)
Sustained.
After talking with Mr. Heath, did
you do any investigation yourself of the road district?

A.
Yes.
I read about it and at the time I hadn't heard
of it before that.
Q.
Okay.
Didn't even know it existed.
And so did you discuss it with your wife and
your daughter?
19
A.
Yes.
20
Q.
And what things did you tell them about -- what I'm
21
22
23
concerned about is changing their residence?

A.
Okay.
Well, I would have done that myself except
that I'm a precinct chair --
24
MR. WHITE:
25
THE COURT:
Sustained.
Sustained.

281-723-9090
237
1
2
That was -- there was -- he answered the

question that was proposed.
MR. WRIGHT:
THE COURT:
But anything else?
MR. WHITE:
I'm sorry?
THE COURT:
I sustained the objection.
an answer.
MR. WHITE:
down, Your Honor.
10
11
I was in the process of sitting
No.
THE COURT:
All right.
You don't want an
instruction or anything like that?
12
MR. WHITE:
No.
13
THE COURT:
All right.
14
He gave
Anything else you want to add.
8
9
Right.
Next question, please.
Go for it.
15
Q.
(BY MR. WRIGHT)
16
A.
Yes.
17
Q.
And the issue about voter registration and selecting
18
your residence?
19
A.
Yes, right.
20
Q.
Okay.
21
22
Well, you had researched this issue?
And what was your background or experience
that educated you on that?

A.
Well, I'm a precinct chair, as I said, in the
23
Republican party and been an election judge for about 13 years.
24
And I have been familiar a little bit with the election code.
25
And with this issue, I did further research on what laws were

281-723-9090
238
1
2
3
and what the practical course of action might be.

Q.
Okay.
And so did you discuss what you had learned
with Adrian Heath?
A.
Yes, a little bit.
Q.
What sort of things did you discuss with him?
A.
Well, we talked about residence.
We talked about
durational time limits for voting, which is zero.
talked about --
MR. WHITE:
And we
Objection, Your Honor, to the
10
misstatement of the law and actually of the relevance of this
11
whole answer.
12
THE COURT:
Well, it was an opinion of his and
13
it says what things did you discuss.
14
editorial comment that he made about a law.
15
provides the law and the jury decides what the facts are in
16
their rendering of the deliberations in this case.
17
don't want that to be superceded by witnesses who provide
18
answers.
19
important questions.
20
that is -- that individual comment in there, it's an
21
objectionable comment and it's sustained.
22
MR. WRIGHT:
23
24
25
Q.
And the answer was an
And we
The jury gets to make the answers on some of these

But as far as the comment that he made,
(BY MR. WRIGHT)
Okay.
Well, let me change.
election judge for 13 years, correct?

A.
And the Court
Right.

281-723-9090
You were an
239
1
2
Q.
And did you tell your wife and your daughter and
Mr. Heath that they could vote from the Residence Inn?
A.
Well, yes.
Q.
Okay.
And would you have told your wife and daughter
to do that if you thought it was a felony?
A.
No.
Q.
Did you ever caution Mr. Heath that he couldn't do
that, that it was wrong?
A.
No.
10
Q.
Did Mr. Heath ever indicate to you that he thought
11
this was a sneaky, dirty, illegal scheme?
12
A.
No.
13
14
THE COURT:
Overruled.
This is
It was the absence of a
statement.
17
18
hearsay.
15
16
MR. WHITE:
Q.
(BY MR. WRIGHT)
Did you ever discuss the Secretary
of State's opinion on residency with Mr. Heath?
19
A.
Yes.
20
Q.
Was that before the election, before there was a
22
A.
Yeah.
23
Q.
And you say "we."
24
A.
Well, I talked about it with my wife and daughter as
21
25
vote?
We talked about that before.
Was it just you and Mr. Heath?
well.

281-723-9090
240
1
2
3
Q.
Were there other people around?
Was there any
meetings where this took place?

A.
Yes.
We did have meeting or something on it.
And we
discussed this.
We discussed it with attorneys, with --
checking different branches of government to make sure.
never -- I never saw anything indicating that we could do that.
And we
Q.
What attorneys did you discuss it with?
A.
Well, there was Eric Yollick and his assistant.
Q.
Who was that?
10
A.
I can't think of his name right now.
11
Q.
Was it an attorney?
12
A.
It was an attorney that works with Eric.
13
Q.
So there was at least two attorneys that you
14
consulted or two lawyers?
15
A.
Right, right.
16
Q.
And then you said government people?
17
A.
Well, like the Secretary of State's office, you know,
18
that was discussed.
19
opinions.
20
21
Even the attorney general's office
MR. WHITE:
Your Honor, may I take this witness
THE COURT:
All right.
on voir dire?
22
23
VOIR DIRE EXAMINATION
24
BY MR. WHITE:
25
Q.
Mr. Doyle, who did you talk to at the attorney

281-723-9090
241
1
2
3
general's office?
A.
I didn't talk to a person.
We read a report that
they had.
Q.
office?
A.
That's right.
Q.
So when you say you that talked to somebody at the
8
9
Okay.
So you read a report of the attorney general's
attorney general's office -A.
I intended that --
10
THE COURT:
Hold on everybody.
Time out.
Don't
11
talk over everybody.
12
can't take down when everybody is talking at one time.
13
to ask the questions and then you get a fair opportunity to
14
answer and then when you're completed, then he gets to ask his
15
next question.
16
17
She's a great court reporter, but she
Please don't step on top of each other.

Thank you.
Q.
He gets
(BY MR. WHITE)
Go forward.
My question, Mr. Doyle, is:
When you
18
say that you talked to someone at the attorney general's office
19
and, yet, you had only read something written, you're actually
20
misstating the facts, aren't you?
21
A.
Well, I was saying that I read this and that was
22
talking to a person.
23
speak with anybody from there.
24
on it.
25
Q.
And I should rephrase that, that I didn't

I read the report -- the report
Well, Mr. Doyle, you are in a court of law.

281-723-9090
You
242
1
2
realize that facts are important, correct?

A.
Yes.
And I restated what I said, that I didn't speak
with a person.
I just should have just said read the report.
5
6
Q.
But I have the report -- I read the report and
Okay.
Now, you didn't actually talk with anyone from
the Secretary of State's office?
A.
No.
Q.
So you read a report?
A.
That's right.
10
Q.
And let me ask you this.
11
Same thing.
In your role as a precinct
chair, do you determine residence?
12
A.
Yes, to a point.
Yes, you do.
13
Q.
Really?
14
A.
I'll give you an example.
15
Q.
Please do.
16
A.
Okay.
Man comes saying he lived in my precinct and
17
he moved.
He moved to Harris County.
18
about it.
He comes in to vote.
19
of -- out here down to Harris County, but I forgot to change my
20
voter registration so I want to come in and vote.
21
well, I'm sorry, but you can't vote here because you no longer
22
reside in this precinct or in this county.
23
county.
24
let you vote a provisional ballot if you want.
25
Q.
I didn't know anything
He says, you know, I moved out
Well, I say,
You're in another
So you can't -- you know, I can't let you vote.
All right.
I can
But that's all.
So in your role as a precinct chair,

281-723-9090
243
that's what you do?
A.
That's part of it.
Q.
Okay.
A.
Not a precinct chair, election judge.
Q.
Okay.
out --
7
8
Well, as a precinct chair, what you do is pass
A.
Yeah, we hand out literature.
We organize the
precinct.
THE COURT:
Hold on.
Mr. White, you have him on
10
voir dire.
Let's don't interrupt the normal flow of the rules
11
here.
12
for voir dire, which is -- is different from choosing a jury.
13
We also call voir dire when a lawyer gets to ask a witness out
14
of turn some questions.
15
generally of foundation of the person's testimony.
16
point.
That's his witness.
17
18
But that's brief and for purposes
MR. WHITE:
many questions.
I gave you just a brief opportunity
So your
I do want to apologize for asking so
I have two areas of concern.
19
THE COURT:
Yes, sir.
20
MR. WHITE:
The first one was -- or the second
21
one that I was trying to address there is why his expertise --
22
or what his expertise is that this conversation with Mr. Heath
23
is supposed to be relevant.
24
not he actually had a conversation with these authorities.
25
THE COURT:
And the first one was whether or
All right.

281-723-9090
244
1
2
MR. WHITE:
THE COURT:
You can object if you feel
necessary.
Go ahead, Mr. Wright.
MR. WRIGHT:
7
8
I didn't get the
answers and had to ask additional questions.
3
4
So I apologize.
I want to move down the road.
DIRECT EXAMINATION (CONTINUED)

BY MR. WRIGHT:
Q.
Let me go back to your wife and your daughter.
10
A.
Okay.
11
Q.
Did your wife and daughter stay at that Residence Inn
12
at any time?
13
A.
They didn't stay there overnight, no.
14
Q.
Did they visit the Residence Inn before the election?
15
A.
Yeah.
16
Q.
And when did they go there?
17
A.
They were there the night before.
18
Q.
Were you there with them?
19
A.
Yes.
20
Q.
Okay.
21
A.
They were there the night before for, I don't know,
And so how much were they at the hotel?
22
an hour, hour and a half, something like that.
23
came back the next day and they went and voted.
24
25
Q.
All right.
And then they
And then did they go back after the
election to the hotel?

281-723-9090
245
1
2
3
4
A.
I'm not sure.
Q.
Okay.
No.
Q.
Okay.
Did you tell them to go back and stay at the
hotel after the election?

A.
No.
MR. WRIGHT:
10
I pass the witness.
CROSS-EXAMINATION
11
BY MR. WHITE:
12
Q.
13
And do you know who told them to go back after
the election and get back to the hotel?

A.
I wasn't there when
they -- for that day.
I think so.
So, Mr. Doyle, your testimony earlier was that as an
election judge, you determine the residency.
Is that right?
14
A.
Election judge, yes.
15
Q.
So even though the Secretary of State doesn't
16
determine the residency of voters, the registrar doesn't
17
determine the residency of the voters, you as an election
18
judge, Jim Doyle, determine the residency of voters?
19
A.
If you know that somebody or somebody tells you that
20
they don't reside there, that they moved their residence
21
somewhere else, then you know it.
22
if they came there and just said that they might be in the
23
process of moving and they don't say I don't live here or I
24
don't reside here anymore, if they didn't say that, well, then
25
I would never even suspect or even think about it as long as
If they didn't tell me that,

281-723-9090
246
they say they lived there, that's where they lived.
Q.
Okay.
A.
If they say they live somewhere else, that's where
So --
they live.
Q.
take that --
A.
Yeah.
Q.
-- at face value?
A.
Sure.
10
Q.
So you don't probe any further than their
11
So if a voter says they lived somewhere, you have to
representation to you; is that right?
12
A.
Right.
13
Q.
Okay.
14
15
16
17
Do you feel that makes you an expert on the
residency law of the state of Texas?

A.
Not an expert.
But as far as voting is concerned,
that's what we're supposed to do.

Q.
Okay.
So enough to give your wife and daughter the
18
go ahead and vote in a territory where they haven't even spent
19
one night.
Is that right?
20
A.
Can you repeat that?
21
Q.
Sure can.
You're enough of an expert, know enough
22
about the voting law to be comfortable giving your wife and
23
daughter the go ahead to vote in a territory where they haven't
24
even spent one night.
25
A.
Is that right?
Yes.

281-723-9090
247
MR. WHITE:
Okay.
THE COURT:
Anything else.
MR. WRIGHT:
Pass the witness.
No further questions of this
witness.
THE COURT:
May this witness be excused.
MR. WHITE:
Yes, Your Honor.
THE COURT:
MR. WRIGHT:
THE COURT:
Thank you.
That's my witnesses for today.

Okay.
So there's really no point in
10
us sitting around for the rest of the evening here, then, is
11
what you're saying, right?
12
MR. WRIGHT:
13
THE COURT:
14
All right.
Let's call it a
events here.
All right.
18
in the morning.
19
have a nice evening.
20
are excused.
21
Good.
Ladies and gentlemen, 9:00 o'clock
Please remember the instructions and

Be careful out there in the weather.
You

room.)
23
THE COURT:
24
MR. WRIGHT:
25
Good.
Let me just get an idea about the forecast of
17
22
Yes.
day, ladies and gentlemen.
15
16
Can we go home?
Mr. Wright, you wanted to go ahead.

Just make a proffer.
Defendants
exhibits that were rejected by the Court, excluded, there was a

281-723-9090
248
Defendants Exhibit Number 7, a Defendant's Exhibit Number 32,
Number 33, Number 34, Number 35, Number 36.
marked the audio recording of Mr. Joe Kulhavy as Defendant's
Exhibit Number 38.
5
6
THE COURT:
I believe the State's objections
were for relevance.
MR. GLICKLER:
THE COURT:
I sustain those objections.
10
11
MR. WRIGHT:
THE COURT:
13
MR. WRIGHT:
THE COURT:
16
MR. WRIGHT:
20
21
22
All right.
And I think I had put my reasons on
Yes, sir.
-- when we were speaking with the
Okay.
If I could tender these to the
Court Reporter for the record.
18
19
Hearsay and relevance.
fuzz on.
15
17
Relevance and hearsay.
the record --
12
14
And then I've also
THE COURT:
All right.
They will be made part
of the record.
The next thing I was to ask you about, I'm
looking at these -MR. WRIGHT:
I've been informed by Ms. Heath has
23
been -- said that she is alleging noticing that the African
24
American female juror is having eye contact and she is making
25
eyes with Mr. Glickler, actually, during the trial.

281-723-9090
And so
249
that it's noticeable and as though there is some type of
communication going on.
that.
But I've been busy, I haven't noticed
But I thought I would bring it to the Court's attention.
THE COURT:
All right.
I hadn't noticed that.
Do you have any response?
MR. GLICKLER:
I have intentionally turned my
chair, if you'll look at it, away from the jury for multiple
reasons and I've had no eye contact with any jurors.
rest of my response I'll reserve for off the record.
10
THE COURT:
11
MR. GLICKLER:
12
animate jury.
13
reactions.
14
All right.
And the
I just want to --
I will say this, this is a very
They're very vocal and animated with their
THE COURT:
15
that I think broke us all.
16
MR. WRIGHT:
17
THE COURT:
Well, I just -- there was a witness

That was painful.
That could be the cause.
That was a painful witness that I'm
18
sure tested all of our patience and poise, but I haven't seen
19
that.
20
otherwise in the record.
21
Mr. Glickler denies that and that's -- I don't find
All right.
The next thing is these instructions
22
because I'm going to have to start working.
23
at something this evening.
24
instructions for mistake of law and you-all have no objection.
25
Would you-all look
I'm looking at the proposed
MR. GLICKLER:
To clarify, we don't --

281-723-9090
250
THE COURT:
You know what I did and I -- and I
don't know if you have another one.
this the things I wanted to point out, so it's something that
you filed.
MR. WRIGHT:
THE COURT:
MR. GLICKLER:
THE COURT:
MR. GLICKLER:
I inadvertently wrote on
I e-mailed it to her.
I had it file stamped and I -Are we on the record for this.
Go ahead.
I have a proposed mistake of law
10
jury charge I think that is more appropriate because it does
11
take into consideration the language of the ignorance --
12
THE COURT:
Give it to -- give it to Mr. Wright.
13
But the thing -- thank you.
What I'm pointing out in my review
14
is I think that the essence of mistake of law is reasonable
15
belief and reasonable reliance.
16
"reasonable" is used twice in the definition and it's not being
17
included.
18
Defendant addressed the law and reached a mistaken conclusion
19
about what the law meant.
20
one time, and I think that is not -- that is a misstatement.
21
But you took this from the patterned charge.
And it's -- the word
For example, the evidence must show that the
22
MR. WRIGHT:
23
THE COURT:
"Reasonable" is not even in there
I did.
I just don't think -- I don't think
24
they did their work on this one.
And I know they were knocking
25
the patterned charges out to get them published and this is not

281-723-9090
251
one that is -- this is not a statute tested regularly.
think you-all want to look at that.
3
4
MR. WRIGHT:
And I
The application paragraph where
we --
THE COURT:
No.
The affirmative defense is not
established.
The evidence must show the Defendant
addressed the law and reached a mistaken conclusion about what
the law meant.
in that sentence, because showing that the Defendant addressed
I think it -- "reasonable" needs to be in there
10
the law and reached a mistaken conclusion, I mean, so I think
11
the mistake still has to be -- "reasonable" has got to be a --
12
13
14
15
MR. GLICKLER:
different, Your Honor, and it comes out of -THE COURT:
Right here, this is a mistake.
It
says the burden of proof is no the Defendant to prove.
16
MR. WRIGHT:
17
THE COURT:
18
That's why we proposed something
Supposed to be "on."
It is on the Defendant to prove.
Or
for the Defendant.
19
MR. WRIGHT:
20
THE COURT:
That was a -Okay.
All right.
And then right
21
here, this asterisk is the Defendant's reasonable reliance on a
22
source was -- (reading to himself).
23
reliance on a source was reasonable if an ordinary and prudent
24
person in the same circumstances as the Defendant would have
25
relied on that source and reached any mistaken conclusion or
The Defendant's reasonable

281-723-9090
252
belief that the Defendant reached.
And correct me if I'm wrong, but I think -- I
think the "reasonable" needs to be injected twice that it's not
in there.
same circumstance would have reasonably relied on that source
and reasonably reached any mistaken conclusion that the
Defendant reached.
in there twice and that's in the application.
This is the application.
I think that the ordinary and prudent person in the
10
And I think "reasonable" should have been

No, that's not.
But look at those with those concerns and tell
11
me -- and tell me.
12
is all about.
Reasonable is the key.
13
MR. GLICKLER:
14
THE COURT:
15
MR. GLICKLER:
This is what this
I'm trying to help you here.
Okay.
We've looked at his charge and
16
that's why we're presenting -- and it can be cut and pasted out
17
of the e-mail, which we forwarded to him.
18
THE COURT:
19
MR. GLICKLER:
20
THE COURT:
21
All right.
I'll take this home.
MR. GLICKLER:
23
THE COURT:
25
And you've
given a copy?
22
24
This is --
Yes, I have.
Okay.
Everybody look at this and
you-all tell me what you think.

MR. GLICKLER:
It's the concise proper

281-723-9090
253
definition out of McCormick.
and "reasonably believe."
belief."
have, which is the fact that there's no defense to prosecution
that the Defendant was ignorant of the provisions of the law.
That's part of the mistake of law defense.
7
8
9
It does reference "reasonable"
It has definition of "reasonable
It also has the important part that Mr. Wright didn't
THE COURT:
It's the first sentence of it, I
believe.
MR. GLICKLER:
That's right.
That's how it's
10
phrased in our proposal and we would just say that we believe
11
that the length to which Mr. Wright's proposed instruction goes
12
a little too far and that's why we proposed our alternative.
13
THE COURT:
Okay.
Okay.
Your points are made, and
14
we'll digest overnight.
But it sounds like we might be
15
arguing this thing midday tomorrow.
16
MR. WRIGHT:
It sounds like it.
17
MR. GLICKLER:
18
THE COURT:
19
(Proceedings adjourned.)
All right.
All right.
20
21
22
23
24
25

281-723-9090
254
THE STATE OF TEXAS
COUNTY OF MONTGOMERY )
I, Karen D. deShetler, Certified Shorthand Reporter in and
for the State of Texas, do hereby certify that the above and
foregoing contains a true and correct transcription of all
portions of evidence and other proceedings in the above-styled
and numbered cause, all of which occurred and were reported by
me.
I further certify that this transcription of the
10
proceedings does not reflect the exhibits, if any, admitted by
11
the respective parties.
12
I further certify that the total cost for the preparation
13
of this transcription is $4,345.72
14
by the Mr. Scott Pawgan.
15
16
and was paid/will be paid
WITNESS MY OFFICIAL HAND this the 20th day of October,

2014.
17
18
19
20
21
22
23
/s/Karen D. deShetler
Karen D. deShetler, CSR
Texas CSR No. 1688
Expiration Dates: 12/31/14
P. O. Box 132498
The Woodlands, Texas 77393
281-364-7783 Office
281-723-9090 Cell
Kddeshetler@aol.com
24
25

281-723-9090
'
'13 [1] - 141:18
'8 [1] - 219:19
/
//Karen [1] - 254:18
0
00787549 [1] - 2:8
1
1 [13] - 6:4, 51:17,
52:7, 52:11, 80:5,
85:7, 95:17, 119:13,
159:24, 163:2,
169:10, 217:2,
217:23
1-800 [2] - 140:20,
140:21
1.015 [4] - 61:7, 76:21,
76:22, 158:12
1.015....... [1] - 6:5
1/28/92 [1] - 30:6
10 [1] - 103:10
10-dollar [1] - 20:18
100 [3] - 111:10,
149:6, 210:10
101 [2] - 3:11, 5:18
105 [2] - 3:13, 5:14
10:57 [1] - 155:13
10th [1] - 110:18
11 [3] - 10:24, 44:20,
80:1
112 [2] - 6:9, 40:19
115 [1] - 6:9
117 [2] - 6:6
11:53 [1] - 27:9
12 [1] - 110:14
12-03-12580-CR [1] 1:1
12-03-2580 [1] - 7:2
12/31/14 [1] - 254:19
125 [1] - 3:13
12548 [2] - 2:5, 2:10
126 [3] - 3:14, 5:15,
5:15
127 [2] - 3:14, 5:16
128 [2] - 3:16, 5:7
13 [3] - 33:5, 237:23,
238:24
132 [4] - 80:2, 80:5,
80:6, 81:7
132498 [1] - 254:20
133 [1] - 6:6
139 [2] - 3:17, 5:19
14 [1] - 32:22
147 [1] - 6:7

14993 [9] - 8:9, 10:18,
11:10, 23:6, 27:20,
29:3, 79:18, 79:20,
79:22
14th [6] - 27:25, 28:5,
32:6, 32:8, 33:4,
173:19
15 [2] - 103:10, 139:22
152 [1] - 6:7
153 [1] - 6:8
155 [1] - 6:8
157 [4] - 3:18, 3:18,
5:20, 5:20
158 [1] - 72:22
15th [1] - 28:2
16 [1] - 35:6
16728 [1] - 233:16
1688 [1] - 254:19
18 [9] - 11:6, 11:7,
12:23, 28:18, 30:11,
31:8, 58:16, 72:6,
77:15
181 [2] - 3:19, 5:21
189 [2] - 3:19, 5:21
18th [1] - 31:8
19 [1] - 32:16
1964 [1] - 163:11
1979 [1] - 96:6
198 [2] - 3:20, 5:22
1986 [1] - 139:13
1989 [1] - 95:17
1990 [2] - 95:19,
139:14
1991 [1] - 193:25
1993 [1] - 105:3
1996 [1] - 105:5
1:30 [1] - 127:11
1st [3] - 91:23, 104:24,
156:7
2
2 [3] - 26:11, 80:5,
85:8
20 [8] - 101:19,
103:10, 140:23,
150:22, 164:17,
172:25, 173:2, 200:9
200 [1] - 44:10
2000 [2] - 16:1, 19:15
2001 [2] - 210:4,
217:20
2002 [3] - 79:25, 80:1,
154:13
2004 [4] - 57:22,
140:4, 140:5, 160:1
2005 [1] - 233:23
2006 [1] - 219:19
2008 [1] - 128:22
2009 [2] - 104:24,

105:14
2010 [74] - 11:12,
12:14, 12:22, 14:12,
14:19, 15:6, 21:14,
22:5, 23:1, 23:5,
23:12, 25:18, 27:9,
28:23, 29:9, 29:23,
30:2, 30:20, 36:5,
37:1, 37:4, 37:17,
38:5, 38:9, 42:13,
62:4, 62:22, 72:7,
74:25, 75:2, 75:4,
79:19, 79:21, 80:13,
82:16, 82:20, 83:10,
83:16, 83:18, 92:7,
97:18, 99:5, 102:24,
108:3, 112:6,
112:16, 129:6,
129:8, 134:25,
135:12, 135:19,
136:10, 144:7,
144:12, 145:5,
145:8, 146:1,
151:14, 151:24,
174:21, 175:3,
179:10, 184:9,
189:19, 202:23,
210:25, 211:21,
212:6, 212:18,
218:6, 223:21,
228:10, 230:5, 234:3
2011 [3] - 128:17,
128:22, 210:4
2012 [18] - 189:14,
189:17, 189:20,
190:1, 190:6, 191:2,
191:13, 191:24,
192:12, 192:14,
201:21, 202:5,
203:12, 204:6,
204:8, 204:20,
206:18
2013 [10] - 1:13, 1:20,
2:1, 3:1, 4:1, 5:1,
6:1, 80:1, 140:6,
141:18
2014 [1] - 254:15
202 [2] - 3:20, 5:22
204 [1] - 2:16
208 [2] - 3:21, 5:23
209 [2] - 3:22, 5:11
20th [3] - 146:1, 171:3,
223:21
22041800 [1] - 2:17
224 [2] - 6:5
228 [2] - 3:23, 5:12
22nd [2] - 33:21, 33:25
23 [6] - 6:6, 121:17,
130:14, 133:8,
133:15, 134:19
230 [2] - 3:23, 5:12
232 [2] - 3:24, 5:13
233 [2] - 4:4, 5:8
23rd [1] - 34:10
24 [4] - 115:13, 116:7,
134:25, 220:8
24054475 [1] - 2:13
241 [2] - 4:4, 5:9
244 [2] - 4:5, 5:9
245 [2] - 4:5, 5:10
248 [3] - 4:6, 6:9, 6:10
24th [5] - 37:15, 38:5,
38:9, 135:12, 135:19
25 [1] - 151:14
250 [1] - 19:23
25th [1] - 135:19
26 [10] - 6:6, 11:3,
13:17, 13:18, 13:19,
116:19, 117:9,
117:13, 146:22,
153:10
28 [3] - 13:15, 35:18,
211:2
281-364-7783 [1] 254:21
281-723-9090 [1] 254:21
28th [2] - 33:21, 33:25
29 [1] - 32:22
29th [2] - 33:3, 33:4
2nd [2] - 140:6, 254:15
3
3 [10] - 6:4, 29:16,
57:16, 58:7, 58:11,
81:19, 85:2, 85:8,
120:9, 198:10
3/5/10 [2] - 175:22,
175:24
30 [16] - 1:13, 2:1, 3:1,
4:1, 5:1, 6:1, 95:3,
95:8, 164:22,
167:20, 178:3,
178:8, 178:12,
187:18, 196:22,
200:9
30th [3] - 1:20, 27:16,
33:4
31 [2] - 141:3, 141:12
31st [3] - 33:4, 153:17,
155:10
32 [6] - 6:7, 145:22,
146:2, 147:4, 148:9,
248:1
33 [5] - 6:7, 39:6,
151:9, 152:22, 248:2
34 [3] - 6:8, 153:11,
248:2

281-723-9090
35 [4] - 6:8, 155:7,

155:23, 248:2
359TH [1] - 1:7
359th [1] - 1:22
36 [2] - 6:9, 248:2
37 [7] - 6:9, 111:13,
112:18, 113:22,
115:1, 115:2, 115:5
370-9728 [2] - 2:7,
2:12
38 [2] - 6:10, 248:4
3:36 [1] - 26:10
4
4 [15] - 6:5, 25:4,
59:13, 61:6, 61:15,
61:18, 62:12, 62:13,
71:14, 75:16, 78:2,
81:23, 85:2, 85:9,
193:14
40 [4] - 141:15,
162:18, 233:18,
233:20
40th [1] - 233:21
43 [2] - 3:5, 5:4
463-3088 [2] - 2:6,
2:11
48 [1] - 37:7
494-2462 [1] - 2:17
5
5 [8] - 84:1, 84:5,
84:17, 85:9, 103:11,
103:12, 212:6, 219:8
50 [1] - 202:11
512 [4] - 2:6, 2:7, 2:11,
2:12
52 [2] - 6:4
58 [2] - 6:4
5:00 [1] - 22:22
5th [5] - 184:9, 196:23,
228:10, 233:23
6
6 [4] - 25:20, 85:12,
87:21, 175:18
62 [2] - 6:5
6th [5] - 29:9, 29:23,
30:17, 30:20, 140:3
7
7 [15] - 3:2, 6:5, 28:11,
30:2, 85:15, 87:21,
177:17, 184:6,
195:2, 198:9, 212:2,
223:8, 224:4,
234:12, 248:1
70 [2] - 3:6, 5:4

77301 [1] - 2:16
77385 [1] - 233:16
77393 [1] - 254:20
78711-2548 [2] - 2:6,
2:11
7th [7] - 20:10, 21:14,
26:3, 26:9, 28:4,
31:12, 31:15
8
8 [7] - 3:5, 5:3, 20:18,
24:11, 25:12,
102:24, 202:23
803 [2] - 46:18, 148:19
87 [1] - 39:18
8th [22] - 11:12, 12:13,
21:16, 21:25, 22:5,
23:1, 23:5, 23:12,
23:16, 23:19, 25:18,
27:8, 28:4, 42:13,
50:19, 50:23, 108:3,
108:5, 112:6,
112:16, 175:3,
179:10
9
90 [2] - 3:6, 5:5
91 [1] - 40:6
92 [2] - 3:7, 5:5
93 [2] - 3:8, 3:8
9333 [5] - 29:12,
184:7, 184:9,
198:15, 235:1
936 [1] - 2:17
94 [2] - 3:11, 5:17
9:00 [1] - 247:17
9:45 [1] - 28:2
9th [1] - 26:10
A
A-okay [1] - 181:13
a.m [1] - 27:9
abatements [1] - 93:8
Abbot's [1] - 58:13
Abbott [1] - 57:14
ability [1] - 50:23
able [4] - 47:21, 65:14,
76:1, 173:17
above-entitled [1] 1:21
above-styled [1] 254:6
absence [16] - 62:21,
158:20, 162:6,
164:13, 165:2,
178:24, 186:15,
186:19, 186:20,
187:16, 187:19,
187:20, 194:11,
194:15, 194:16,
239:15
absences [1] - 102:2
absent [3] - 101:16,
158:21, 187:16
absolutely [3] - 69:2,
149:6, 199:16
abstract [1] - 232:5
abuse [1] - 105:9
accelerate [1] - 23:23
accept [2] - 201:4,
228:19
acceptable [1] - 61:22
accepted [1] - 96:15
accommodated [1] 158:4
accordance [3] 63:15, 63:18, 80:17
according [1] - 15:25
account [1] - 28:15
accountability [1] 15:21
accurate [5] - 49:5,
148:24, 149:2,
149:10, 187:1
acquire [1] - 81:9
act [2] - 42:23, 204:14
acted [1] - 184:2
action [5] - 60:1,
125:5, 167:10,
230:14, 238:1
actions [2] - 46:20,
236:11
active [6] - 13:13,
13:20, 13:24, 54:18,
96:24, 97:8
activism [1] - 222:11
activities [2] - 97:4,
97:10
activity [4] - 25:25,
96:21, 97:1, 99:10
actual [2] - 38:3, 71:15
add [1] - 237:7
addition [2] - 55:3,
64:14
additional [2] - 154:5,
244:2
additionally [3] 78:20, 132:25,
202:23
address [63] - 11:18,
13:1, 21:19, 27:19,
29:2, 29:15, 29:17,
29:19, 29:20, 30:19,
30:22, 31:4, 38:7,
42:16, 53:5, 72:17,
72:22, 73:13, 73:20,
73:22, 116:25,
117:3, 155:20,
164:11, 164:16,
164:23, 164:24,
165:20, 167:22,
172:12, 172:17,
173:10, 173:13,
184:8, 184:15,
184:22, 198:10,
198:12, 198:14,
212:7, 212:11,
213:16, 213:19,
213:21, 214:3,
214:5, 214:22,
216:14, 217:10,
217:11, 220:17,
220:21, 222:2,
228:18, 229:13,
231:15, 233:13,
233:15, 235:18,
243:21
addressed [6] - 124:2,
124:5, 150:5,
250:18, 251:7, 251:9
addresses [7] - 116:9,
156:12, 156:14,
156:15, 156:16,
157:24, 164:19
addressing [1] 176:19
adhere [1] - 187:18
adjourned [1] - 253:19
ADM [1] - 6:2
administrative [11] 85:22, 120:1, 120:2,
142:13, 142:22,
142:23, 152:25,
159:15, 167:23,
178:2, 178:5
administratively [1] 210:19
administrator [5] 209:22, 209:25,
210:6, 217:24, 224:1
administrators [1] 215:8
admired [2] - 222:6,
222:22
admissibility [1] 133:18
admit [1] - 133:21
admitted [25] - 52:8,
52:10, 52:11, 56:18,
58:8, 58:10, 58:11,
61:16, 62:9, 62:12,
62:13, 112:20,
115:3, 115:5, 116:3,
117:10, 117:12,
117:13, 147:5,
152:24, 155:24,
202:25, 203:8,
224:5, 254:10
admitting [1] - 148:7
adopted [1] - 154:13
Adrian [106] - 6:7, 6:7,
6:8, 6:8, 7:3, 11:21,
11:23, 11:25, 12:4,
12:11, 14:13, 15:8,
15:18, 15:25, 16:12,
16:22, 17:13, 18:12,
18:18, 26:12, 44:7,
45:19, 46:3, 47:15,
50:18, 50:19, 50:22,
51:22, 52:13, 52:17,
52:20, 52:23, 53:6,
57:9, 64:8, 64:21,
68:7, 68:10, 69:9,
69:23, 82:18, 82:22,
83:24, 90:20, 92:6,
93:20, 93:24, 94:18,
94:24, 96:11, 96:21,
96:25, 97:6, 98:8,
99:1, 101:1, 101:3,
101:9, 101:11,
102:17, 110:19,
111:3, 111:5,
111:24, 112:12,
113:10, 114:15,
121:1, 121:16,
122:8, 124:13,
135:19, 138:16,
144:12, 144:21,
145:3, 145:24,
146:5, 149:5, 149:7,
149:9, 153:4, 156:8,
174:14, 174:23,
180:12, 184:7,
188:21, 189:7,
190:22, 190:24,
191:10, 191:14,
192:23, 194:18,
196:23, 200:19,
200:22, 206:21,
211:12, 227:13,
233:25, 235:25,
238:3
ADRIAN [1] - 1:7
Adrian's [6] - 46:19,
46:25, 47:16, 96:12,
99:20, 102:5
Adrienne [1] - 109:6
adult [1] - 34:24
adversary [1] - 200:4
advice [16] - 66:19,
66:21, 66:22, 67:25,
68:4, 122:15,
137:12, 140:17,
143:8, 143:16,
143:18, 143:20,
173:4, 231:3, 232:10

281-723-9090
advise [4] - 49:8,

142:21, 154:2, 158:1
advised [1] - 67:23
advising [1] - 144:6
advisor [1] - 144:8
advisory [6] - 119:22,
120:4, 120:6,
120:12, 120:17,
142:18
affidavit [5] - 55:2,
162:8, 162:10,
181:21, 222:5
affirm [2] - 195:6,
196:4
affirmation [1] 196:11
affirming [4] - 98:10,
191:25, 192:12,
196:9
Afghanistan [1] 164:19
African [1] - 248:23
afternoon [1] - 22:19
afterwards [1] 204:16
AG [9] - 74:18, 78:19,
78:20, 78:21, 85:1,
85:2, 85:6, 106:9,
205:21
age [9] - 13:15, 13:18,
13:19, 13:21, 13:24,
28:18, 55:5, 58:16,
75:25
agencies [2] - 139:23,
142:16
agency [8] - 106:20,
106:24, 141:9,
142:13, 142:18,
142:23, 144:8, 186:2
agents [2] - 135:6,
175:8
ago [11] - 11:6, 19:23,
44:20, 44:21, 95:3,
95:8, 97:17, 193:15,
213:10
agree [8] - 23:14,
23:15, 70:25, 74:19,
81:6, 87:13, 126:4,
213:3
agreement [4] - 42:7,
42:10, 43:13, 71:22
ahead [24] - 11:11,
42:25, 53:12, 56:23,
92:20, 98:25, 144:2,
145:1, 157:10,
177:14, 179:8,
180:2, 190:4, 192:5,
201:18, 208:6,
230:2, 235:12,
235:20, 244:5,
246:18, 246:23,
247:23, 250:8
aided [1] - 1:25
air [1] - 164:18
Airlines [1] - 233:20
Alice [1] - 44:14
aliens [1] - 48:1
allegations [2] - 9:4,
106:6
allege [1] - 160:15
alleging [2] - 106:12,
248:23
ALLISON [3] - 3:4,
5:3, 8:1
Allison [15] - 7:14,
7:20, 7:21, 8:7,
27:19, 37:9, 42:15,
44:14, 47:5, 50:6,
70:9, 71:17, 74:11,
84:17
allow [2] - 38:2,
204:12
allowed [7] - 31:9,
75:13, 78:22, 107:4,
107:6, 122:24,
203:17
allowing [1] - 63:10
alone [4] - 60:5,
163:14
ALPHABETICAL [1] 5:1
altering [1] - 123:20
alternative [1] 253:12
amendment [1] 141:19
Amendment [1] 173:19
American [1] - 248:24
analysis [1] - 53:24
Andrade [2] - 129:20,
130:6
angry [1] - 182:14
animate [1] - 249:12
animated [1] - 249:12
Ann [2] - 138:2, 138:6
anniversary [2] 233:21, 233:23
annual [1] - 215:13
answer [17] - 80:23,
141:1, 143:23,
163:9, 163:25,
165:15, 179:24,
184:5, 194:2,
206:23, 215:15,
215:22, 225:24,
237:7, 238:11,
238:13, 241:14
answered [9] 121:13, 121:14,
140:13, 140:15,
179:6, 180:16,
189:25, 194:23,
237:1
answers [7] - 98:10,
163:1, 193:7, 231:8,
238:18, 244:2
Antonio [1] - 165:25
anxious [1] - 49:7
anyhow [1] - 163:9
anyway [1] - 172:24
apartment [3] - 17:23,
29:17, 198:12
apartments [1] - 17:19
apologize [2] 243:17, 244:1
appeal [3] - 230:21,
231:1
APPEARANCES [1] 2:1
appeared [4] - 117:17,
125:5, 156:10,
212:24
appellate [4] - 199:2,
199:3, 199:6, 202:21
apples [1] - 191:18
applicable [2] - 81:21,
82:5
applicant [2] - 177:19,
178:1
application [35] 28:16, 30:9, 42:15,
72:6, 77:1, 79:13,
87:18, 87:20, 88:3,
142:9, 162:9,
162:10, 165:19,
166:25, 167:1,
168:13, 172:14,
175:23, 178:2,
181:23, 181:24,
182:18, 196:13,
196:14, 196:15,
197:1, 197:5, 212:6,
216:14, 220:23,
234:15, 234:21,
251:3, 252:8, 252:9
applications [6] 28:12, 49:3, 78:23,
79:1, 173:1
applied [1] - 89:24
applies [2] - 76:22,
125:15
apply [2] - 55:13,
137:14
appointed [1] - 217:23
appraisal [2] - 108:25,
219:1
appreciate [1] - 184:4
appreciation [1] 114:6
approach [25] - 8:18,

24:15, 51:13, 61:3,
61:25, 62:7, 110:11,
111:11, 115:25,
117:14, 130:10,
130:18, 145:18,
155:5, 158:13,
159:20, 189:21,
193:10, 202:6,
211:24, 216:23,
219:4, 220:4, 223:5,
234:10
appropriate [3] 118:16, 190:12,
250:10
approved [1] - 207:6
approving [3] 202:14, 203:17,
207:2
April [17] - 11:5,
14:25, 15:6, 27:16,
29:9, 29:23, 30:17,
30:20, 36:5, 48:4,
75:2, 79:19, 83:16,
144:7, 156:7, 211:3,
223:21
area [4] - 116:11,
139:21, 190:3,
214:25
areas [1] - 243:18
arguably [1] - 48:12
argue [1] - 160:23
arguing [2] - 186:12,
253:15
argumentative [1] 208:19
arguments [1] - 150:1
arranger [1] - 45:13
Article [1] - 6:6
article [17] - 130:23,
131:1, 131:11,
131:19, 131:23,
132:2, 132:7, 132:8,
132:12, 132:14,
133:21, 134:20,
135:2, 212:24,
215:20, 215:24,
216:9
articles [1] - 132:20
Arts [1] - 105:3
aspect [2] - 41:16,
41:19
assert [1] - 134:11
asserted [7] - 46:18,
47:24, 147:19,
148:21, 149:20,
185:19, 236:9
asserting [1] - 180:5
assign [1] - 105:22
assigned [2] - 109:5,
109:7
assigns [1] - 106:23
Assistant [4] - 2:4,
2:9, 69:3, 223:1
assistant [5] - 104:22,
105:14, 105:16,
192:21, 240:8
Associates [1] 128:14
assume [2] - 109:12,
114:1
assuming [2] 184:14, 184:15
assumption [2] 23:14, 200:4
asterisk [1] - 251:21
astute [1] - 14:23
AT [1] - 2:15
attached [1] - 108:25
attempt [1] - 114:23
attempted [2] 218:21, 218:23
attempts [1] - 155:24
attending [1] - 76:23
attention [11] - 14:5,
14:11, 14:15, 69:9,
92:25, 94:3, 108:12,
109:10, 218:5,
226:17, 249:3
attitude [14] - 43:23,
202:2, 203:1, 203:5,
203:11, 204:3,
204:8, 206:1,
206:15, 206:24,
207:12, 207:23,
208:2, 208:7
attorney [69] - 7:3,
7:4, 8:23, 31:25,
43:10, 46:5, 46:12,
48:10, 51:9, 57:12,
57:18, 59:5, 67:22,
68:3, 70:10, 78:6,
100:16, 104:22,
105:17, 106:15,
107:10, 109:5,
110:4, 113:6, 120:9,
120:17, 129:3,
130:25, 137:15,
137:23, 138:3,
138:10, 139:10,
139:22, 140:16,
142:19, 143:2,
143:5, 143:17,
144:1, 146:12,
146:13, 167:9,
168:7, 192:21,
193:17, 218:14,
230:6, 230:10,
230:15, 230:17,
230:20, 231:5,

281-723-9090
231:21, 231:23,
231:24, 232:1,
232:5, 232:10,
240:11, 240:12,
240:18, 240:25,
241:4, 241:8, 241:18
ATTORNEY [4] - 2:2,
2:5, 2:10, 2:15
Attorney [6] - 2:4, 2:9,
6:4, 58:13, 69:4,
223:1
Attorney's [1] - 105:6
attorney's [6] 105:20, 105:24,
114:1, 122:14,
125:3, 137:12
attorney-client [1] 143:2
attorneys [25] - 10:12,
46:10, 64:17, 68:14,
93:16, 100:12,
122:24, 136:22,
137:9, 138:11,
140:12, 141:24,
143:12, 144:10,
181:2, 185:13,
205:12, 205:15,
205:17, 218:9,
228:7, 240:4, 240:7,
240:13
audio [1] - 248:3
Audio [1] - 6:10
August [11] - 128:17,
189:13, 189:17,
190:1, 190:6,
191:24, 192:12,
192:14, 201:21,
202:5, 206:18
Austin [13] - 2:6, 2:11,
20:1, 105:11,
139:14, 139:21,
183:3, 183:5, 183:7,
183:9, 183:13,
183:18, 183:20
Australia [2] - 94:25,
95:11
authenticated [2] 132:25
authentication [1] 131:1
authorities [2] - 68:15,
243:24
authority [15] - 51:2,
113:6, 138:13,
142:17, 143:22,
152:25, 159:10,
166:24, 167:6,
185:14, 185:20,
185:22, 186:4,
186:6, 215:7
authorized [1] - 130:6

automated [1] 222:16
automatic [1] - 167:24
average [2] - 140:24,
197:18
avoid [1] - 43:14
award [1] - 113:21
aware [15] - 14:2,
36:7, 36:10, 69:6,
99:1, 100:9, 185:16,
193:25, 225:17,
226:1, 227:6,
227:25, 228:6,
234:25, 235:3
awareness [1] 168:21
B
B.A [1] - 139:13
Bachelor's [1] - 105:3
bachelor's [1] - 129:1
backdoor [1] - 54:1
backed [1] - 184:1
background [8] 94:22, 96:12, 96:13,
105:1, 128:23,
139:11, 235:17,
237:20
backtrack [1] - 199:8
backup [1] - 230:19
bag [1] - 102:18
ballot [10] - 25:8,
154:18, 154:19,
154:24, 155:2,
217:12, 217:15,
217:17, 230:18,
242:24
ballots [2] - 154:10,
158:4
bank [2] - 122:19,
144:2
bar [1] - 167:13
barn [1] - 171:14
Bartlett [6] - 56:11,
57:4, 57:9, 163:10,
163:19, 188:22
base [2] - 110:10,
173:9
based [21] - 9:16,
63:9, 64:20, 75:12,
75:13, 78:11, 78:13,
86:24, 88:20,
117:17, 143:8,
148:6, 150:14,
166:20, 172:5,
185:15, 191:19,
203:1, 203:22,
208:8, 230:1
bases [2] - 164:18,

199:25
basic [1] - 109:2
basis [11] - 58:3, 70:3,
93:19, 111:2, 111:6,
112:22, 129:14,
134:2, 134:4, 142:1,
142:10
basketball [1] - 67:17
Beach [1] - 95:12
bearing [2] - 177:13,
225:5
Beaumont [2] - 75:10,
209:17
became [1] - 235:3
become [2] - 13:24,
183:14
becomes [3] - 166:9,
178:12, 181:2
beginning [2] - 91:22,
108:10
behalf [1] - 227:1
behavior [2] - 201:25,
202:4
behind [3] - 7:8,
76:13, 166:25
belief [6] - 149:21,
149:23, 149:25,
250:15, 252:1, 253:3
bell [3] - 135:4,
176:20, 189:19
belongings [1] 102:15
below [1] - 138:7
Ben [6] - 8:8, 8:10,
8:17, 9:10, 27:19,
42:22
bench [7] - 8:19,
10:16, 50:15, 98:23,
134:7, 177:11,
206:10
Bench [6] - 8:21,
47:10, 98:5, 130:20,
175:20, 202:8
Bending [1] - 233:16
benefit [1] - 12:7
BENJAMIN [3] - 3:4,
5:3, 8:1
Benjamin [4] - 7:14,
7:19, 8:7, 42:15
Berntsen [4] - 17:3,
39:19, 40:2, 74:11
best [4] - 55:7, 76:3,
173:13, 179:20
better [3] - 10:1, 62:2,
67:10
between [12] - 20:25,
46:23, 46:24, 80:5,
87:14, 110:22,
140:23, 143:3,
147:5, 160:17,
224:20, 225:4
beyond [1] - 203:16
biggest [1] - 98:2
Bill [1] - 17:3
bill [1] - 206:7
binding [1] - 81:25
birthday [6] - 11:4,
30:4, 31:6, 31:8,
95:18
bit [7] - 21:4, 46:6,
103:12, 104:25,
202:3, 237:24, 238:4
bits [1] - 56:2
black [1] - 39:25
bless [2] - 98:8, 205:2
blinking [1] - 71:14
block [2] - 117:1,
117:3
blog [1] - 132:13
blue [2] - 12:9, 39:13
blunt [1] - 190:16
bluntly [1] - 181:22
blur [2] - 212:12,
213:11
blurry [2] - 54:9, 62:16
blush [1] - 62:21
board [6] - 17:5, 17:7,
49:22, 89:12, 151:2
Board [8] - 11:15,
14:12, 15:22, 15:24,
16:7, 19:11, 19:15,
235:7
bodily [8] - 60:5,
60:11, 65:4, 65:8,
163:14, 164:6,
166:2, 166:8
body [1] - 150:25
bolstering [1] - 114:23
bond [1] - 53:2
bonded [1] - 207:9
book [1] - 32:23
booked [2] - 33:21,
34:9
booking [1] - 33:20
books [1] - 102:11
born [3] - 44:19, 87:8,
95:17
boss [3] - 107:8,
110:1, 110:4
bottom [6] - 35:19,
39:17, 46:3, 163:1,
177:18, 195:4
boundaries [7] 17:16, 17:18, 18:5,
18:9, 154:6, 156:11,
157:24
bounds [1] - 125:3
Box [5] - 2:5, 2:10,
29:15, 198:10,
254:20
box [5] - 22:8, 29:14,
29:18, 30:18, 198:14
Boyd [17] - 8:9, 10:18,
11:10, 11:18, 13:8,
23:6, 23:11, 27:20,
28:24, 29:3, 30:23,
37:11, 79:18, 79:20,
79:22, 80:3, 80:12
branches [1] - 240:5
break [7] - 50:12,
84:4, 84:6, 84:7,
127:11, 150:12,
169:25
breath [1] - 49:19
Brett [6] - 105:12,
105:13, 105:19,
107:8, 110:4, 227:2
Brett's [1] - 111:20
Bridge [1] - 74:9
bridge [1] - 172:14
Brief [2] - 84:11, 170:5
brief [6] - 51:8, 92:20,
92:21, 144:18,
243:11, 243:14
briefly [3] - 94:21,
126:15, 156:19
bring [9] - 7:10, 14:14,
54:10, 56:19,
127:19, 131:18,
218:5, 226:17, 249:3
bringing [2] - 114:13,
229:6
broad [2] - 12:16,
221:14
broke [1] - 249:15
broker [1] - 45:14
Brook [1] - 74:8
brother [34] - 12:19,
12:22, 18:14, 24:24,
27:1, 27:4, 27:24,
30:1, 30:11, 30:20,
32:15, 33:16, 34:3,
34:11, 34:13, 34:19,
34:23, 35:25, 36:10,
36:24, 37:2, 37:21,
40:17, 41:23, 42:2,
43:1, 44:16, 45:3,
52:18, 67:5, 71:24,
74:14, 187:6, 187:10
brother's [2] - 30:4,
37:8
brother-in-law [1] 187:6
brothers [1] - 10:22
brought [8] - 14:11,
31:23, 69:9, 102:4,
108:12, 109:9,
198:17, 229:3
budget [1] - 105:23

281-723-9090
building [2] - 171:16,

171:17
builds [1] - 183:21
bulletin [1] - 151:2
bunch [1] - 183:21
burden [2] - 77:23,
251:15
business [14] - 19:18,
21:10, 29:19, 29:20,
32:17, 105:4,
105:23, 171:12,
198:14, 212:25,
213:2, 213:15,
213:17, 213:20
businesses [2] 19:25, 158:6
businesslike [1] 214:10
busy [3] - 213:11,
227:12, 249:2
buy [2] - 19:21, 20:18
BY [128] - 8:4, 10:17,
13:7, 24:18, 42:21,
50:17, 51:16, 52:12,
54:5, 54:10, 56:24,
58:12, 61:5, 62:2,
62:14, 63:17, 70:8,
71:17, 76:18, 84:17,
89:17, 92:5, 94:16,
99:1, 99:24, 100:21,
104:18, 110:13,
111:12, 113:22,
115:8, 116:2,
117:15, 119:13,
121:5, 123:5,
124:24, 125:19,
126:18, 128:10,
130:13, 134:19,
134:23, 135:10,
139:6, 143:25,
145:2, 145:21,
148:9, 150:13,
152:19, 153:9,
154:2, 156:6,
156:21, 157:12,
159:6, 159:23,
161:25, 163:9,
170:11, 170:21,
173:24, 174:13,
177:15, 179:9,
179:20, 180:3,
180:21, 187:4,
188:13, 188:20,
189:13, 190:5,
190:23, 192:6,
192:11, 193:3,
193:13, 194:18,
194:25, 195:3,
195:24, 196:3,
197:24, 198:8,
201:20, 206:15,
207:1, 207:5,
207:12, 207:20,
207:23, 208:2,
208:15, 209:15,
210:15, 212:1,
216:1, 216:9,
216:13, 216:25,
218:13, 219:7,
220:7, 223:7,
223:19, 224:8,
224:13, 225:17,
226:1, 226:7, 227:1,
227:19, 230:4,
230:13, 232:16,
233:12, 234:11,
235:21, 236:13,
237:15, 238:23,
239:17, 240:24,
241:17, 244:8,
245:11
bypass [1] - 149:15
C
calculus [1] - 48:12
calendar [1] - 91:22
California [4] - 94:24,
95:4, 95:10, 96:16
call-in [1] - 137:2
camera [1] - 40:24
campus [1] - 74:25
cancel [3] - 150:23,
151:6, 166:19
canceling [2] 150:18, 151:1
cancellation [3] 150:17, 151:3,
167:24
cancellations [1] 210:20
candidacy [2] - 145:7,
160:16
candidate [8] - 14:16,
14:18, 145:15,
151:4, 162:7, 162:9,
171:11, 183:10
candidate's [1] 162:10
candidates [2] 141:7, 160:15
cannot [11] - 91:20,
91:21, 135:15,
143:25, 176:11,
179:11, 185:12,
186:1, 213:19,
214:3, 215:9
capable [1] - 55:8
capacity [2] - 128:16,
162:5
car [3] - 21:9, 21:10,

179:3
card [18] - 11:18, 13:8,
21:19, 21:22, 26:4,
26:18, 41:6, 41:8,
67:17, 165:9, 168:9,
178:15, 195:1,
197:9, 199:14,
213:24, 214:4,
229:21
cards [4] - 28:12,
210:20, 210:21,
215:8
care [1] - 191:21
career [1] - 164:17
careful [8] - 10:2,
10:14, 119:9,
180:23, 181:3,
181:11, 181:16,
247:19
carefully [1] - 123:11
Caribbean [1] - 81:3
CAROL [3] - 3:22,
5:11, 209:12
Carol [5] - 6:5, 110:7,
110:17, 110:20,
209:7
case [61] - 8:24, 8:25,
43:2, 47:18, 52:8,
55:24, 56:3, 56:13,
56:16, 57:4, 57:6,
57:7, 59:5, 61:16,
62:22, 64:1, 64:4,
75:6, 80:21, 81:20,
93:16, 106:1,
112:20, 113:2,
114:12, 117:10,
125:16, 131:3,
131:21, 132:20,
142:1, 143:7,
143:19, 147:5,
148:6, 149:17,
150:11, 152:24,
153:20, 155:24,
162:9, 163:10,
163:11, 164:6,
165:4, 167:4,
169:22, 174:16,
181:13, 181:14,
188:16, 198:3,
203:4, 205:16,
215:16, 224:8,
224:21, 238:16
case-by-case [1] 142:1
cases [19] - 55:25,
56:2, 56:6, 56:10,
57:3, 62:25, 81:21,
82:5, 105:9, 143:16,
159:13, 163:19,
163:20, 167:3,
169:12, 170:22,
170:25, 173:21,
200:9
cast [7] - 18:6, 22:9,
25:7, 68:24, 154:18,
175:3, 187:9
catch [1] - 10:5
categories [2] 126:21, 200:15
category [1] - 181:15
Catherine [1] - 98:3
CAUSE [1] - 1:1
caused [3] - 18:25,
93:20, 204:4
caution [4] - 123:9,
124:7, 125:4, 239:7
cautioned [4] 123:11, 203:10,
228:5, 229:12
cautioning [2] 220:22, 222:4
cautious [1] - 10:2
Cell [1] - 254:21
Center [1] - 96:9
central [1] - 188:15
century [2] - 170:24,
171:3
CEO [1] - 105:20
certain [7] - 96:20,
115:23, 124:18,
174:1, 175:16,
203:2, 214:3
certainly [5] - 101:19,
133:24, 144:5,
188:7, 201:2
certificate [3] - 55:4,
140:20, 198:1
certification [2] 219:9, 219:22
Certified [1] - 254:3
certify [4] - 218:19,
254:4, 254:9, 254:12
chain [3] - 146:11,
146:18, 150:15
chair [8] - 98:3,
236:23, 237:22,
242:11, 242:25,
243:4, 243:5, 249:7
Challenge [1] - 6:9
challenge [12] - 65:12,
66:15, 111:17,
167:12, 167:15,
167:16, 167:25,
213:19, 214:3,
230:17, 231:19,
232:17
challenged [1] 171:11
challenges [1] -
200:16
challenging [1] 126:22
chance [2] - 47:19,
119:11
chances [1] - 133:17
change [28] - 28:24,
30:19, 36:13, 38:13,
44:2, 51:6, 53:14,
53:19, 54:17, 55:1,
58:3, 65:14, 65:16,
69:24, 90:2, 91:18,
91:22, 91:24, 93:14,
124:4, 166:7,
176:11, 184:6,
187:21, 212:7,
216:13, 238:23,
242:19
changed [12] - 18:12,
18:13, 31:3, 68:1,
91:4, 92:6, 116:25,
117:2, 204:10,
206:1, 214:5, 235:1
changes [1] - 123:2
changing [7] - 36:11,
64:12, 123:18,
124:2, 212:10,
235:18, 236:21
Chapter [1] - 141:3
chapter [1] - 141:12
characterize [1] 12:10
charge [11] - 20:21,
20:22, 20:23, 21:11,
138:4, 138:11,
189:19, 222:13,
250:10, 250:21,
252:15
charged [9] - 34:6,
41:25, 42:2, 72:1,
106:21, 122:8,
134:5, 141:9, 224:22
charges [3] - 168:8,
168:11, 250:25
chastising [1] 203:15
cheap [1] - 68:12
check [2] - 23:9, 26:9
checked [8] - 22:14,
22:16, 22:24, 23:1,
28:2, 30:18, 38:9,
218:3
checking [2] - 33:4,
240:5
chief [4] - 105:10,
105:18, 109:8,
141:13
child [1] - 105:9
children [2] - 95:21,
95:22

281-723-9090
choice [1] - 64:25

choices [1] - 19:23
choose [3] - 18:11,
19:9, 90:19
choosing [3] - 174:6,
213:13, 243:12
chose [1] - 89:10
Chris [1] - 109:8
CHRONOLOGICAL
[2] - 3:1, 4:1
circumstance [3] 76:11, 76:15, 252:5
circumstances [22] 16:6, 59:22, 71:24,
74:15, 75:14, 76:19,
81:20, 84:20, 85:3,
143:4, 144:4, 161:9,
161:10, 169:11,
171:10, 171:25,
200:1, 203:12,
203:22, 204:14,
204:16, 251:24
circumstantial [3] 159:2, 166:13,
200:13
citation [1] - 159:6
citations [1] - 59:5
cited [5] - 56:11, 57:3,
118:22, 163:20,
174:16
cites [1] - 55:25
citing [1] - 163:10
citizen [4] - 58:16,
77:16, 136:16,
195:10
citizens [4] - 122:15,
136:20, 137:8,
137:11
civil [4] - 51:1, 143:7,
203:14, 231:25
claim [7] - 143:7,
165:23, 182:15,
182:22, 183:5,
184:17, 185:4
claimed [3] - 165:25,
171:6, 187:12
claiming [2] - 69:18,
178:17
claims [2] - 171:11,
183:11
clarification [5] 221:5, 221:8, 221:9,
221:10, 221:22
clarified [1] - 221:7
clarify [2] - 213:3,
249:25
class [2] - 90:18,
176:22
Clause [1] - 173:18
clean [3] - 61:20,
154:14, 155:3
clear [7] - 63:20, 86:3,
93:4, 113:17,
113:18, 194:12,
201:11
clearly [3] - 10:6, 71:4,
213:17
cleaves [1] - 164:4
clerk [2] - 216:19,
230:25
client [18] - 93:17,
131:25, 132:6,
133:5, 133:20,
135:19, 135:22,
143:2, 143:5,
144:12, 147:5,
147:20, 147:23,
170:21, 175:12,
203:5, 204:4
client's [3] - 153:7,
153:25, 155:24
clients [1] - 98:20
clock [2] - 205:1,
211:3
close [6] - 10:15,
22:21, 38:12, 92:25,
130:24, 217:15
closed [1] - 22:24
closer [1] - 42:22
closest [1] - 173:13
closet [1] - 102:13
clothes [2] - 36:20,
102:13
coast [1] - 169:17
coastal [1] - 172:23
code [37] - 50:25,
51:4, 51:5, 60:19,
60:24, 61:10, 63:20,
64:2, 75:22, 76:22,
77:2, 78:14, 79:6,
80:19, 80:22, 80:23,
80:24, 80:25, 81:2,
85:19, 88:15, 107:2,
136:18, 137:3,
137:14, 138:13,
141:10, 141:12,
142:11, 142:15,
158:12, 159:8,
178:21, 237:24
Code [3] - 6:5, 140:18,
141:4
coincide [2] - 60:6,
163:15
coins [1] - 111:17
cold [2] - 87:9, 106:1
collective [1] - 175:18
college [34] - 45:1,
54:12, 54:13, 54:16,
54:17, 54:18, 54:19,
54:23, 54:25, 55:14,
55:16, 55:18, 63:5,

63:10, 74:20, 74:24,
75:7, 75:9, 75:10,
75:13, 76:2, 76:22,
77:3, 82:10, 82:16,
89:1, 90:12, 90:17,
126:25, 174:5,
200:17
colonists [1] - 19:21
color [1] - 39:24
combination [3] 25:4, 86:10, 163:25
comfort [1] - 207:15
comfortable [1] 246:22
coming [2] - 48:1,
93:22
comment [5] - 132:8,
238:14, 238:19,
238:20, 238:21
commenting [2] 191:16, 203:13
comments [6] - 130:7,
132:1, 133:6,
133:10, 134:24,
157:2
commercial [1] 171:13
commit [1] - 117:24
committed [5] 122:18, 175:24,
176:1, 184:23,
184:24
committee [3] 141:23, 142:4, 150:2
committing [4] 68:25, 94:3, 187:20,
189:19
common [14] - 63:15,
63:18, 63:25, 80:17,
80:21, 80:24, 80:25,
160:17, 170:15,
172:6, 172:8,
172:20, 197:11
common-law [4] 63:15, 63:18, 80:17,
197:11
common-sense [1] 172:20
commonly [1] 143:12
communicate [2] 99:9, 111:1
communicating [2] 147:21, 155:25
communication [5] 98:11, 115:8,
128:15, 225:8, 249:2
communications [7] 110:19, 110:20,
128:20, 129:11,
145:9, 145:12, 147:5
companies [1] 102:22
company [3] - 45:11,
128:14, 233:24
compared [1] - 183:18
complain [2] - 214:24,
222:21
complaint [4] 106:11, 108:13,
211:17, 222:12
complaints [2] 78:17, 213:22
complete [1] - 194:2
completed [2] 195:11, 241:14
completely [2] 147:11, 168:18
comply [1] - 80:20
composed [1] 141:23
computer [1] - 1:25
computer-aided [1] 1:25
conceivable [1] 168:20
concern [5] - 15:13,
15:14, 15:19,
231:13, 243:18
concerned [3] 190:14, 236:21,
246:15
concerning [2] 76:21, 82:1
concerns [5] - 82:12,
109:22, 118:10,
118:13, 252:10
conciliatory [1] 207:13
concise [1] - 252:25
concluded [1] - 64:24
concludes [1] - 87:23
conclusion [21] 9:13, 53:16, 53:25,
54:14, 54:22, 55:21,
56:8, 70:24, 71:1,
75:22, 87:23, 89:23,
90:4, 93:14, 94:1,
118:21, 250:18,
251:7, 251:10,
251:25, 252:6
conclusions [1] 121:19
conclusive [5] 161:3, 166:10,
166:11, 166:15,
166:16
conclusively [2] 161:15, 172:4
concrete [1] - 161:16

conduct [4] - 210:12,
210:15, 211:5, 211:6
conducted [2] - 210:8,
211:4
conducting [1] - 220:2
conducts [1] - 78:18
confer [2] - 109:24,
110:7
conference [12] 8:21, 10:16, 47:10,
50:15, 98:5, 98:23,
130:20, 134:7,
175:20, 177:11,
202:8, 206:10
conferred [1] - 110:2
conferring [2] 147:23, 236:10
confirm [1] - 154:9
confirmation [3] 167:17, 213:23,
214:4
confirmed [1] - 132:7
confuse [2] - 133:11,
133:17
confused [2] - 123:1,
194:6
confusing [2] 221:20, 221:21
connected [2] - 146:4,
146:25
connection [10] 158:17, 159:3,
164:2, 165:14,
165:17, 165:24,
166:4, 173:8,
184:20, 184:21
connects [2] - 42:15,
140:21
Connor [1] - 119:18
connotations [1] 9:15
Conroe [20] - 1:23,
2:16, 19:19, 20:1,
44:19, 183:4, 183:5,
183:8, 183:9,
183:14, 183:16,
183:18, 183:21,
183:22, 183:25,
184:1, 184:2,
222:18, 233:16
conscious [1] 172:10
consecutive [1] - 33:5
consequences [1] 182:10
conservative [2] 97:6, 97:7
consider [10] - 13:13,
13:16, 13:19, 134:5,

281-723-9090
173:15, 183:1,
184:16, 194:15,
194:16, 205:8
consideration [1] 250:11
considered [10] 60:2, 63:13, 87:12,
166:13, 183:16,
187:13, 196:14,
197:13, 199:4
consistently [3] 36:4, 86:9, 167:5
consists [1] - 153:3
constitute [1] - 10:13
constitution [1] - 12:3
Constitution [2] 167:2, 173:19
constitutional [3] 14:8, 47:21, 141:19
consult [1] - 64:11
consulted [2] - 31:25,
240:14
Cont'd)................. [2]
- 3:18, 5:20
Cont'd.)................ [2]
- 4:5, 5:9
contact [3] - 43:10,
248:24, 249:8
contacted [3] 218:10, 231:13,
231:17
contacting [1] 131:25
contains [4] - 111:13,
147:8, 157:2, 254:5
contending [1] 148:23
contents [4] - 124:4,
146:3, 223:18,
224:11
contest [9] - 19:16,
162:4, 175:1, 181:6,
183:10, 190:9,
200:9, 230:22, 232:3
contested [6] - 15:23,
16:4, 16:20, 142:18,
150:18, 199:5
contests [1] - 160:14
context [13] - 14:14,
77:2, 84:24, 123:23,
150:7, 162:3, 189:4,
189:12, 191:2,
222:8, 222:9, 222:10
Continental [1] 233:20
continue [4] - 60:11,
84:15, 162:5, 164:7
CONTINUED [2] 157:11, 244:7
Continued [1] - 4:2
continuing [1] - 152:1

contracted [1] - 211:4
contradicts [1] - 80:25
contrary [3] - 56:20,
172:6, 172:8
controversy [2] - 98:2,
181:2
convenient [1] - 173:9
conversation [46] 14:16, 15:9, 24:19,
44:11, 45:18, 46:23,
124:1, 124:12,
132:10, 133:1,
135:16, 135:22,
135:23, 144:16,
152:12, 157:20,
163:18, 169:4,
174:20, 174:22,
174:23, 174:24,
182:3, 189:6,
189:10, 189:14,
190:6, 191:24,
192:12, 201:21,
202:2, 206:18,
207:24, 212:22,
212:23, 213:10,
214:6, 214:7,
214:13, 214:18,
218:8, 225:4, 225:7,
226:13, 243:22,
243:24
conversations [23] 24:4, 46:5, 68:22,
93:18, 93:19, 111:7,
132:5, 138:15,
144:11, 144:14,
144:20, 148:11,
162:15, 175:2,
176:7, 178:25,
181:11, 192:24,
203:6, 206:16, 208:7
converse [2] - 134:14,
152:25
convicted [4] - 58:18,
77:19, 77:21, 195:11
conviction [1] - 77:23
convinced [2] - 18:16,
18:18
Cook [3] - 73:8, 234:8,
234:21
Cook's [1] - 234:22
copies [4] - 71:15,
108:24, 108:25,
119:7
copy [24] - 51:20,
52:6, 52:16, 54:6,
61:6, 61:14, 61:20,
62:2, 116:20,
119:14, 123:13,
123:15, 130:23,
146:3, 147:3,
152:23, 155:22,
159:25, 162:23,
169:11, 212:4,
224:3, 227:7, 252:21
corner [1] - 39:21
correct [201] - 13:9,
13:10, 13:12, 14:3,
15:1, 15:2, 16:21,
18:22, 19:13, 20:8,
20:13, 20:21, 21:8,
21:12, 21:24, 24:1,
24:2, 25:19, 26:14,
26:15, 27:13, 28:1,
28:3, 28:6, 28:8,
28:10, 28:13, 28:21,
28:22, 28:25, 31:4,
31:5, 31:9, 31:10,
32:19, 33:6, 33:24,
34:6, 34:7, 34:10,
35:7, 37:12, 37:25,
38:3, 38:7, 38:10,
39:10, 39:15, 39:16,
40:12, 40:15, 40:16,
40:25, 43:12, 44:6,
44:8, 49:6, 51:20,
53:4, 53:9, 53:10,
56:5, 56:9, 57:20,
57:21, 59:24, 59:25,
60:12, 60:14, 61:8,
65:2, 65:10, 65:12,
65:13, 66:1, 66:4,
66:7, 66:9, 66:16,
67:3, 68:1, 68:2,
68:5, 68:6, 70:11,
70:12, 70:15, 71:7,
71:8, 71:18, 71:19,
71:22, 71:25, 72:4,
72:11, 72:12, 72:18,
72:25, 73:24, 73:25,
74:10, 74:12, 74:16,
74:22, 75:14, 75:15,
75:23, 76:24, 77:5,
77:10, 77:11, 77:18,
77:24, 77:25, 78:2,
78:24, 79:1, 79:2,
80:3, 80:4, 80:14,
80:15, 81:12, 81:13,
84:21, 84:22, 84:24,
85:4, 85:5, 85:13,
85:16, 85:22, 85:24,
85:25, 86:15, 86:20,
86:21, 87:19, 87:21,
88:6, 88:7, 88:19,
88:22, 88:23, 89:21,
90:20, 91:2, 94:19,
96:21, 107:16,
114:19, 115:11,
115:22, 118:7,
118:8, 118:23,
118:24, 119:16,
120:3, 120:19,
120:20, 120:23,
121:22, 122:1,
136:8, 144:9, 146:3,
155:18, 157:17,
161:7, 168:10,
168:24, 177:24,
186:18, 186:20,
196:5, 198:4, 199:9,
199:11, 199:18,
199:20, 199:23,
200:3, 201:25,
209:20, 211:9,
211:10, 211:21,
214:2, 217:20,
224:1, 225:20,
226:1, 229:5, 231:5,
232:11, 234:3,
238:24, 242:1,
252:2, 254:5
correspondence [2] 223:25
corrupt [1] - 202:24
corruption [1] - 93:8
cost [5] - 21:6, 21:7,
36:16, 68:13, 254:12
couched [2] - 56:21,
78:21
couches [1] - 78:20
counsel [12] - 52:7,
58:7, 61:15, 112:19,
117:9, 136:6, 138:8,
141:24, 147:4,
152:23, 155:23,
224:4
counted [5] - 116:7,
154:10, 154:24,
155:3, 220:8
counties [2] - 150:23,
172:23
country [1] - 103:5
COUNTY [2] - 1:5,
254:2
county [29] - 97:15,
103:1, 154:8,
154:20, 154:23,
157:23, 166:18,
167:9, 167:14,
168:7, 168:19,
169:20, 172:23,
195:10, 210:7,
210:8, 210:11,
210:17, 219:18,
230:6, 230:10,
231:4, 231:8,
231:25, 232:5,
232:10, 242:22,
242:23
County [25] - 1:23,
11:12, 12:3, 14:3,
14:8, 45:25, 70:14,

82:25, 85:13, 85:16,
96:8, 104:22, 105:6,
105:11, 135:20,
172:24, 209:24,
209:25, 212:25,
215:18, 216:2,
216:6, 216:10,
242:17, 242:19
county's [1] - 231:7
couple [7] - 23:19,
51:11, 93:22,
140:24, 153:9,
159:12, 229:25
course [3] - 125:5,
174:19, 238:1
COURT [294] - 1:3,
7:2, 7:8, 7:13, 7:16,
7:21, 7:23, 7:25,
8:20, 9:1, 9:10, 9:20,
10:5, 10:11, 13:4,
13:6, 24:17, 47:3,
47:8, 47:12, 47:17,
48:3, 48:7, 48:11,
48:17, 48:21, 49:2,
49:7, 49:17, 49:24,
50:11, 50:16, 51:15,
52:10, 53:18, 53:22,
54:2, 56:17, 58:10,
61:19, 61:22, 62:8,
62:11, 70:5, 76:16,
84:3, 84:6, 84:14,
84:16, 89:15, 92:10,
92:12, 92:14, 92:17,
92:22, 94:5, 94:7,
94:9, 94:12, 98:4,
98:7, 98:15, 98:19,
98:25, 99:17, 99:23,
103:23, 104:3,
104:6, 104:8,
104:12, 104:14,
112:24, 113:1,
113:8, 113:12,
113:21, 114:10,
114:17, 114:20,
114:25, 115:3,
115:7, 117:12,
118:25, 119:8,
121:4, 122:21,
124:17, 124:20,
124:22, 126:14,
126:16, 127:8,
127:10, 127:16,
127:19, 127:23,
128:3, 128:5,
130:12, 130:19,
131:4, 131:8,
131:12, 131:20,
131:24, 132:11,
133:3, 133:7,
133:15, 133:23,

281-723-9090
134:8, 134:18,
135:9, 138:20,
138:22, 139:1,
143:10, 144:19,
144:22, 145:20,
147:14, 148:1,
148:4, 148:18,
148:23, 149:12,
149:14, 150:1,
150:10, 152:14,
153:5, 153:8,
153:23, 154:1,
156:2, 156:4,
156:19, 157:8,
159:22, 161:24,
169:24, 170:8,
170:10, 170:17,
173:23, 174:12,
175:14, 175:16,
175:22, 176:12,
176:17, 176:23,
177:1, 177:5,
177:10, 177:12,
179:6, 179:19,
179:22, 180:1,
180:16, 186:18,
186:25, 188:12,
189:12, 189:18,
189:22, 190:2,
190:10, 190:21,
191:1, 191:8,
191:11, 191:15,
191:22, 192:2,
192:4, 192:10,
193:1, 193:9,
193:12, 194:1,
194:4, 194:12,
194:24, 195:23,
196:1, 201:16,
201:18, 202:7,
203:12, 203:21,
204:1, 204:13,
204:20, 204:24,
205:4, 205:6,
205:14, 205:23,
206:2, 206:4, 206:8,
206:11, 206:14,
206:22, 207:4,
207:11, 207:18,
207:21, 208:5,
208:19, 208:25,
209:3, 209:6, 209:8,
209:10, 215:22,
216:8, 216:12,
218:12, 219:6,
220:6, 224:7,
224:12, 224:19,
225:6, 225:10,
225:13, 225:16,
225:22, 225:24,
226:6, 226:23,
226:25, 229:24,
230:2, 230:12,
232:22, 232:24,
233:3, 233:5, 233:8,
235:12, 235:15,
235:19, 236:7,
236:12, 236:25,
237:4, 237:6,
237:10, 237:13,
238:12, 239:15,
240:22, 241:10,
243:9, 243:19,
243:25, 244:3,
247:2, 247:5, 247:7,
247:9, 247:13,
247:23, 248:5,
248:8, 248:12,
248:15, 248:18,
249:4, 249:10,
249:14, 249:17,
250:1, 250:6, 250:8,
250:12, 250:23,
251:5, 251:14,
251:17, 251:20,
252:14, 252:18,
252:20, 252:23,
253:7, 253:13,
253:18
court [39] - 59:17,
119:9, 158:23,
159:12, 159:14,
161:18, 161:22,
162:3, 166:18,
167:7, 168:15,
168:20, 168:23,
172:3, 174:25,
183:12, 188:2,
190:9, 190:17,
190:18, 191:17,
191:21, 195:14,
198:18, 198:25,
199:2, 199:6,
199:17, 199:20,
199:25, 200:7,
202:22, 203:3,
203:14, 203:15,
203:17, 230:14,
241:11, 241:25
Court [16] - 1:23, 56:4,
88:20, 115:25,
149:15, 150:2,
158:13, 163:11,
167:3, 193:10,
203:25, 211:24,
216:23, 238:14,
247:25, 248:17
Court's [1] - 249:3
court's [4] - 183:25,
191:16, 199:3,
202:21
Court.........................
.................... [1] - 3:2
courtroom [13] - 7:12,
7:15, 7:18, 12:5,
77:10, 78:7, 84:13,
96:1, 104:2, 127:22,
127:24, 170:7,
207:24
courts [5] - 63:19,
80:18, 86:4, 86:9,
86:14
CPA [1] - 143:17
Crawford [2] - 47:18,
47:20
create [4] - 16:20,
60:6, 141:23, 163:15
credit [2] - 26:4, 26:18
crime [8] - 77:9,
113:24, 122:16,
189:19, 204:18,
220:23, 224:22,
229:18
crimes [2] - 106:1,
106:4
criminal [6] - 8:24,
176:2, 176:18,
181:25, 196:13,
231:24
Cross [12] - 3:5, 3:11,
3:13, 3:19, 3:23, 4:5,
5:4, 5:10, 5:12, 5:15,
5:18, 5:21
CROSS [7] - 42:20,
100:20, 124:23,
180:20, 208:14,
227:18, 245:10
cross [3] - 122:23,
177:8, 192:21
CROSSEXAMINATION [7] 42:20, 100:20,
124:23, 180:20,
208:14, 227:18,
245:10
cross-examination [2]
- 122:23, 192:21
cross-examine [1] 177:8
CSR [2] - 254:18,
254:19
current [1] - 118:10
Curry [15] - 26:13,
26:16, 26:22, 27:6,
27:15, 31:14, 32:18,
33:10, 33:11, 33:13,
39:14, 40:8, 67:6,
74:1
cut [1] - 252:16
cycles [1] - 168:3
D
D-32 [1] - 145:22
D-33 [1] - 151:9
D-35 [1] - 155:6
D-37 [1] - 111:13
D-5 [1] - 116:3
DA [1] - 227:2
DA's [1] - 6:9
Dabney [1] - 37:9
dad [8] - 45:6, 52:17,
52:20, 53:3, 53:6,
83:21
dad's [1] - 62:23
Dallas [1] - 20:1
danger [2] - 10:3,
10:15
data [2] - 154:15,
178:9
database [8] - 217:5,
217:9, 217:16,
218:23, 219:2,
219:16, 219:18,
219:25
date [17] - 23:3, 24:12,
29:7, 29:11, 48:3,
113:11, 114:16,
145:25, 146:5,
153:16, 176:9,
176:15, 176:16,
177:2, 177:4,
178:12, 212:15
dated [7] - 145:25,
146:1, 151:14,
175:22, 175:24,
196:22, 212:6
Dates [1] - 254:19
dates [1] - 176:6
daughter [15] - 73:11,
95:24, 100:22,
101:4, 234:22,
234:25, 235:17,
236:18, 239:1,
239:4, 239:24,
244:9, 244:11,
246:17, 246:23
daughter's [1] - 234:7
DAVID [1] - 1:7
David [8] - 2:4, 95:24,
230:7, 230:9,
230:22, 230:23,
231:13, 232:18
david.glickler@
texasattorneygeneral
.gov [1] - 2:7
Davis [1] - 2:16
day-to-day [2] 129:13, 140:7
days [15] - 23:20,
24:13, 32:24, 51:11,
52:13, 53:8, 153:9,

153:18, 154:20,
155:1, 167:20,
178:3, 178:8,
178:12, 196:22
DEA [2] - 135:6, 175:7
deadline [2] - 140:4,
151:3
deal [4] - 170:19,
170:22, 182:10,
216:9
dealer [1] - 21:9
dealing [4] - 77:9,
125:6, 136:19,
211:16
dear [2] - 117:5
debate [1] - 17:20
debated [1] - 32:9
Debra [2] - 95:25,
100:22
debt [2] - 45:25, 46:6
decide [6] - 53:13,
53:19, 64:4, 164:10,
167:11, 168:23
decided [6] - 64:20,
68:18, 68:20, 69:23,
90:2, 99:20
decides [3] - 161:19,
161:22, 238:15
deciding [4] - 58:3,
120:2, 175:12, 183:1
decision [22] - 23:24,
61:10, 88:20, 120:2,
149:11, 158:23,
168:15, 168:23,
170:18, 174:25,
176:4, 190:9,
190:18, 191:19,
198:18, 198:25,
199:1, 199:3,
199:25, 200:1,
202:21, 203:14
decision-making [1] 23:24
decisions [3] - 81:24,
119:24, 120:23
declarant [1] - 148:21
declared [2] - 21:18,
59:17
Deed [2] - 35:1, 35:7
Deeds [1] - 35:11
deems [1] - 149:16
deeply [2] - 190:8,
190:14
defend [1] - 205:16
DEFENDANT [3] 2:14, 3:9, 6:3
Defendant [29] 16:14, 17:14, 18:21,
24:5, 24:22, 46:23,

281-723-9090
48:8, 48:17, 70:3,

74:5, 113:3, 114:18,
131:17, 132:21,
134:5, 147:9,
147:16, 175:23,
224:21, 250:18,
251:6, 251:9,
251:15, 251:17,
251:18, 251:24,
252:1, 252:7, 253:5
Defendant's [28] 51:17, 52:7, 52:11,
61:6, 61:15, 61:18,
62:12, 81:15,
110:14, 114:25,
116:19, 117:8,
119:13, 130:14,
152:22, 153:11,
157:6, 159:23,
163:1, 169:10,
191:4, 193:14,
223:8, 224:3, 248:1,
248:3, 251:21,
251:22
Defendants [9] - 6:6,
85:1, 112:18,
113:22, 116:3,
133:7, 219:8,
247:24, 248:1
defense [10] - 71:11,
119:6, 127:17,
143:20, 143:24,
144:3, 149:13,
251:5, 253:4, 253:6
Defense [14] - 58:6,
58:11, 62:13, 75:16,
78:2, 92:18, 115:5,
117:13, 128:1,
144:22, 145:22,
151:9, 155:6, 155:22
defer [1] - 138:12
deference [1] - 142:22
define [3] - 217:16,
218:23, 220:3
defined [9] - 61:1,
63:7, 88:14, 158:12,
159:13, 217:5,
217:7, 217:9, 219:25
defines [1] - 197:16
definitely [1] - 54:4
definition [26] - 76:21,
77:7, 78:1, 79:8,
88:10, 88:15, 91:14,
158:9, 158:11,
159:7, 161:12,
173:6, 178:19,
181:8, 186:13,
193:19, 193:22,
197:10, 197:11,
197:12, 224:14,
224:24, 224:25,
250:16, 253:1, 253:2
definitions [1] 161:12
definitive [1] - 81:25
degree [3] - 68:25,
105:5, 128:24
deliberate [2] - 125:9,
125:14
deliberations [1] 238:16
delivered [1] - 154:19
denied [1] - 9:17
denies [1] - 249:19
denying [1] - 205:9
departed [2] - 26:10,
26:11
Department [3] - 37:8,
38:2, 231:9
department [1] - 110:9
departments [1] 231:8
departure [1] - 27:8
describe [11] - 29:17,
29:24, 79:14, 79:15,
129:13, 135:25,
140:7, 198:13,
210:5, 214:7, 214:9
described [1] - 185:18
describes [3] - 88:1,
184:8, 193:20
describing [2] 171:24, 187:19
description [2] 172:12, 172:14
deShetler [3] - 254:3,
254:18, 254:18
design [1] - 186:4
designation [1] 161:5
designed [2] - 106:3,
154:14
despite [1] - 160:25
detail [2] - 18:2,
200:12
details [1] - 182:3
determination [4] 86:5, 86:12, 191:16,
191:17
determinations [2] 126:22, 203:18
determine [11] 80:20, 154:22,
159:1, 164:3, 199:9,
199:18, 242:11,
245:13, 245:16,
245:17, 245:18
determined [12] 60:7, 63:15, 63:18,
63:24, 80:17, 80:21,
86:14, 158:17,
159:3, 163:16,
170:25, 195:14
determines [1] 161:17
determining [10] 55:9, 58:3, 60:2,
75:21, 91:6, 157:23,
159:14, 168:18,
199:4, 200:16
developers [2] 202:13, 202:24
development [1] 129:18
dictates [1] - 63:25
difference [3] - 20:23,
20:25, 165:13
different [29] - 10:9,
21:5, 21:9, 21:10,
43:24, 56:6, 56:7,
72:25, 74:15, 93:10,
97:6, 140:9, 140:10,
160:22, 161:11,
189:25, 191:14,
202:3, 203:1,
204:14, 206:17,
207:23, 214:16,
217:12, 217:15,
240:5, 243:12,
251:13
difficult [3] - 126:2,
133:1, 221:16
digest [1] - 253:14
digging [1] - 46:4
Dillard [4] - 128:2,
128:3, 128:13, 133:5
DILLARD [3] - 3:15,
5:6, 128:7
Dillard......................
[1] - 6:6
DIRE [2] - 156:20,
240:23
dire [6] - 144:18,
156:18, 240:21,
243:10, 243:12,
243:13
Dire [4] - 3:18, 4:4,
5:9, 5:20
DIRECT [10] - 8:3,
92:4, 104:17, 128:9,
139:5, 157:11,
201:19, 209:14,
233:11, 244:7
Direct [14] - 3:5, 3:13,
3:16, 3:18, 3:22, 4:4,
4:5, 5:3, 5:7, 5:8,
5:9, 5:11, 5:14, 5:20
direct [7] - 3:11, 3:17,
5:17, 5:19, 122:25,
124:1, 184:5
directed [4] - 76:20,

159:12, 160:2,
162:25
direction [1] - 232:4
directly [2] - 140:21,
176:19
director [5] - 128:20,
129:11, 140:14,
140:15, 141:22
Directors [8] - 11:15,
14:12, 15:22, 15:24,
16:8, 19:11, 19:15,
235:7
directors [3] - 16:19,
16:23, 16:25
dirty [3] - 202:12,
239:11
disagreement [1] 172:1
discharged [1] - 77:21
disconnect [1] 160:17
discovered [1] 226:18
discuss [42] - 16:14,
18:2, 40:12, 41:16,
51:7, 53:3, 57:9,
82:5, 87:17, 99:9,
99:12, 108:5, 108:8,
110:23, 123:17,
135:5, 136:22,
159:19, 160:11,
169:1, 169:11,
169:15, 173:18,
174:13, 179:14,
179:23, 180:22,
214:15, 215:1,
215:11, 215:20,
216:3, 221:4,
224:14, 227:10,
236:17, 238:2,
238:5, 238:13,
239:17, 240:7
discussed [21] 16:13, 41:10, 70:10,
81:19, 85:23, 87:20,
100:7, 113:5, 132:2,
162:12, 169:9,
169:22, 175:7,
218:7, 220:18,
221:1, 224:24,
230:8, 240:4, 240:18
discusses [1] - 163:21
discussing [10] 84:23, 135:10,
147:12, 161:13,
179:21, 220:24,
221:2, 222:25,
225:11, 227:11
discussion [24] -
152:2, 152:8,
152:15, 156:8,
156:12, 158:5,
176:3, 177:1,
177:16, 191:3,
212:9, 212:16,
212:18, 214:22,
216:25, 220:19,
220:20, 224:9,
224:18, 224:20,
227:12, 229:1,
229:17, 229:19
discussions [6] 135:1, 218:9,
222:17, 223:2,
228:7, 229:16
dispositive [2] 171:18, 182:25
disprove [1] - 113:2
dispute [8] - 158:22,
162:2, 162:5, 162:6,
167:6, 167:7,
172:22, 172:24
disputed [2] - 160:13,
161:19
dissuade [2] - 117:20,
118:17
distinctly [1] - 222:4
distinguishes [1] 194:14
DISTRICT [2] - 1:3, 1:7
district [62] - 12:14,
14:12, 15:4, 15:14,
15:15, 17:6, 18:24,
19:4, 19:6, 19:9,
19:19, 20:7, 20:12,
20:17, 20:20, 21:1,
21:2, 21:3, 46:7,
49:11, 49:12, 69:25,
104:22, 105:16,
105:20, 105:23,
108:16, 108:25,
109:2, 110:4, 113:6,
114:1, 117:21,
122:14, 125:3,
147:21, 147:22,
150:15, 152:18,
154:4, 154:7, 154:9,
156:11, 157:24,
167:8, 168:7, 218:2,
218:24, 219:1,
219:3, 223:3,
230:17, 230:19,
230:25, 231:21,
231:24, 235:6,
235:22, 235:24,
236:4, 236:14
District [9] - 1:23,
11:14, 69:3, 105:6,
108:14, 151:25,

281-723-9090
217:2, 217:23, 223:1

district's [1] - 208:9
districts [3] - 214:18,
214:19, 220:25
disturbing [1] - 49:2
division [28] - 105:25,
106:2, 106:3, 109:6,
109:7, 132:4, 136:5,
136:8, 136:14,
136:21, 137:5,
137:16, 137:22,
137:23, 138:3,
138:4, 138:9,
139:25, 140:2,
140:3, 140:11,
140:13, 140:14,
140:21, 141:23,
141:24, 142:13,
186:3
divisions [1] - 140:10
doctorate [1] - 139:15
document [20] 26:11, 39:9, 40:4,
72:8, 110:15,
120:12, 121:11,
123:20, 124:9,
147:8, 157:1, 161:3,
161:16, 168:14,
175:17, 176:2,
176:13, 182:1,
223:17, 224:11
documentation [1] 42:14
documents [2] 39:10, 119:10
dog [2] - 101:2, 179:3
DOJ [1] - 231:9
domicile [15] - 60:4,
62:19, 79:9, 158:12,
161:3, 178:20,
178:22, 193:16,
194:7, 196:10,
196:17, 197:7,
197:8, 197:11,
197:17
domiciliary [10] 158:18, 161:2,
166:12, 186:8,
186:9, 186:11,
187:7, 187:14,
189:5, 201:12
don't.. [1] - 11:24
done [20] - 8:10, 9:10,
9:14, 16:14, 67:22,
94:1, 96:11, 102:20,
107:14, 148:7,
191:25, 202:14,
203:10, 204:14,
206:19, 207:7,
214:21, 218:2,
10
236:22
door [2] - 47:15, 50:8
down [20] - 8:12, 21:1,
21:2, 46:5, 48:1,
88:21, 105:13,
114:15, 169:17,
183:24, 184:1,
184:22, 195:3,
196:1, 209:8,
218:22, 237:9,
241:12, 242:19,
244:6
downtown [1] - 96:9
DOYLE [3] - 4:3, 5:8,
233:9
Doyle [14] - 72:8, 73:8,
233:2, 233:3,
233:15, 233:25,
234:6, 234:13,
236:11, 240:25,
241:17, 241:25,
245:12, 245:18
dozen [1] - 140:11
drafting [1] - 197:10
draw [1] - 203:13
driver's [6] - 23:7,
37:2, 37:19, 37:23,
38:3, 38:13
dropped [1] - 101:25
due [2] - 82:13, 191:15
duly [7] - 8:2, 94:14,
104:16, 128:8,
139:4, 209:13,
233:10
duration [7] - 50:25,
55:10, 58:25, 59:2,
88:9, 88:10, 182:25
durational [1] - 238:7
during [9] - 32:8,
54:23, 90:13, 105:8,
111:3, 111:7, 111:9,
212:17, 248:25
duties [3] - 125:3,
140:10, 210:5
duty [1] - 141:6
E
e-mail [38] - 53:5,
110:21, 110:24,
145:9, 145:12,
145:24, 146:3,
146:4, 146:8,
146:10, 146:11,
146:18, 148:9,
150:15, 150:16,
151:12, 151:21,
152:2, 152:5, 152:9,
152:17, 153:10,
153:13, 155:8,
155:11, 155:19,
156:9, 156:18,
156:23, 156:25,
157:14, 157:17,
157:18, 223:14,
223:20, 223:25,
252:17
E-mail [5] - 6:5, 6:7,
6:7, 6:8, 6:8
E-mail........................
.............. [1] - 6:9
e-mailed [1] - 250:5
e-mailing [1] - 110:17
e-mails [9] - 146:24,
146:25, 147:10,
148:11, 150:14,
153:4, 155:15,
156:14, 176:8
early [4] - 14:25,
22:19, 218:6, 219:24
easier [1] - 165:15
easily [2] - 9:25,
180:25
eating [1] - 67:17
economics [2] 105:3, 139:13
editorial [1] - 238:14
editorializing [1] 204:24
educated [2] - 93:14,
237:21
educational [3] 104:25, 128:23,
139:11
effect [4] - 141:16,
183:13, 190:15,
234:2
effective [1] - 178:12
effectively [1] - 178:10
efforts [1] - 152:24
eight [8] - 11:6, 12:1,
14:9, 35:10, 74:15,
76:19, 105:8, 139:24
either [9] - 54:13,
91:12, 98:10,
113:19, 131:15,
134:11, 176:5,
186:24, 194:15
elaborate [1] - 114:11
elect [1] - 17:16
elected [5] - 15:22,
19:15, 105:19,
141:7, 162:5
Election [5] - 6:5,
119:15, 140:18,
141:4, 160:1
election [202] - 11:15,
12:14, 13:7, 14:12,
14:21, 15:24, 16:1,
16:2, 16:4, 16:20,
23:25, 24:1, 24:19,

28:5, 31:8, 31:21,
31:22, 32:9, 35:13,
36:8, 37:1, 38:17,
38:21, 38:24, 38:25,
39:1, 40:12, 40:15,
41:10, 43:19, 43:20,
43:24, 43:25, 45:20,
45:21, 45:22, 50:20,
50:23, 50:25, 51:4,
51:5, 60:19, 60:24,
61:10, 63:6, 65:4,
65:11, 65:19, 66:6,
66:14, 67:20, 67:21,
68:3, 68:7, 68:16,
75:22, 76:22, 78:14,
79:6, 81:15, 85:19,
88:15, 89:12, 93:5,
97:20, 99:4, 99:7,
102:25, 105:13,
106:12, 106:22,
107:2, 108:2, 108:5,
109:11, 110:9,
112:6, 112:11,
112:13, 112:14,
112:21, 113:3,
113:7, 113:11,
113:14, 114:3,
114:16, 115:10,
116:5, 121:25,
122:5, 124:14,
130:4, 132:3, 136:7,
136:17, 136:18,
137:3, 137:4, 137:7,
137:14, 137:15,
138:4, 138:13,
140:5, 140:18,
140:23, 140:24,
141:6, 141:7,
141:10, 141:12,
141:15, 141:17,
141:19, 141:21,
142:7, 142:9,
142:11, 142:15,
142:24, 145:6,
147:22, 147:25,
150:15, 150:18,
151:1, 151:6,
151:24, 153:1,
153:7, 154:21,
155:1, 156:1,
157:19, 158:12,
159:7, 159:25,
160:14, 162:4,
167:10, 168:3,
168:16, 168:17,
170:19, 175:1,
178:3, 178:21,
179:10, 183:10,
183:12, 185:7,
185:10, 186:3,
186:6, 188:1, 190:7,

190:9, 196:22,
199:5, 200:8,
209:22, 210:6,
210:24, 211:6,
211:8, 217:22,
217:23, 218:4,
218:22, 219:14,
219:23, 219:24,
220:2, 221:8,
221:17, 222:2,
224:1, 227:22,
228:8, 230:14,
230:22, 231:4,
231:10, 232:3,
232:9, 237:23,
237:24, 238:24,
239:20, 243:4,
244:14, 244:25,
245:4, 245:7,
245:13, 245:14,
245:17
elections [54] - 14:5,
49:13, 53:2, 60:20,
78:18, 93:9, 97:5,
118:16, 136:5,
136:13, 136:21,
137:5, 137:22,
137:23, 138:3,
138:8, 138:9,
139:25, 140:1,
140:3, 140:11,
140:12, 140:14,
140:15, 140:21,
141:13, 141:22,
141:24, 142:13,
150:17, 150:23,
152:25, 168:21,
208:10, 209:24,
209:25, 210:8,
210:10, 210:11,
210:12, 210:16,
210:22, 210:23,
211:1, 211:2, 211:4,
211:16, 214:20,
214:21, 216:2,
217:20, 218:1, 221:7
electronic [2] - 210:9,
219:10
element [10] - 48:7,
48:17, 49:14, 50:1,
77:9, 166:12,
176:19, 182:25,
183:17, 189:23
elements [7] - 56:7,
60:2, 60:3, 113:2,
163:25, 184:25,
199:4
eleven [1] - 44:21
elicit [2] - 191:20,

281-723-9090
191:23
elicited [2] - 157:9,
191:6
eligibility [2] - 136:13,
213:25
eligible [15] - 30:13,
30:21, 48:8, 48:18,
48:19, 60:20, 77:8,
77:12, 77:13, 89:4,
113:4, 116:4,
121:25, 183:12
Elizabeth [2] - 138:6,
140:13
Elmo [5] - 24:16, 54:8,
62:7, 117:14, 119:1
elsewhere [1] - 19:8
embarrass [1] - 98:12
embarrassing [1] 98:22
emphasize [5] - 77:19,
81:14, 161:14,
178:17, 185:10
emphasizes [1] - 79:3
employed [2] - 103:2,
128:13
employee [1] - 129:19
Employees [1] 139:23
employment [3] 102:20, 103:4,
137:19
end [9] - 8:13, 59:4,
80:13, 82:14, 87:16,
87:17, 177:11,
206:8, 206:10
End [4] - 10:16, 50:15,
98:23, 134:7
ended [2] - 96:14,
194:8
ends [2] - 90:9, 207:21
enforce [1] - 229:21
enforcement [3] 113:23, 215:7,
229:20
engage [1] - 96:21
engaged [1] - 97:1
engaging [1] - 99:10
ensure [1] - 142:9
entail [1] - 210:18
entailed [1] - 210:19
enter [1] - 150:25
enthusiasts [3] - 89:2,
126:25, 200:17
entire [7] - 44:23,
44:24, 44:25, 57:2,
90:6, 137:20, 220:1
entirely [1] - 153:3
entities [7] - 45:25,
210:10, 210:22,
217:6, 217:14,
11
219:2, 219:13
entitled [2] - 1:21,
122:5
entity [4] - 150:17,
199:17, 217:5,
217:17
entry [2] - 154:15,
178:10
enunciated [2] 63:19, 80:17
envelope [2] - 154:19,
154:25
equal [3] - 90:15,
173:20, 173:25
Equal [1] - 173:18
equally [2] - 60:3,
89:25
equipment [1] - 210:9
era [1] - 171:5
Eric [5] - 65:22, 65:23,
66:15, 240:8, 240:12
err [1] - 181:6
error [1] - 118:19
escapee [2] - 215:16,
215:17
Escobar [2] - 146:14,
147:9
essence [1] - 250:14
essentially [1] 134:11
established [2] 161:15, 251:6
estoppel [1] - 143:8
evening [5] - 51:10,
155:11, 247:10,
247:19, 249:23
event [4] - 191:4,
191:11, 204:16,
204:18
events [1] - 247:16
eventually [3] - 16:25,
218:7, 218:8
everywhere [1] 173:16
evidence [40] - 10:13,
25:3, 25:20, 37:6,
39:5, 49:4, 56:13,
56:18, 56:20, 61:16,
67:21, 70:4, 112:20,
122:23, 130:24,
131:1, 131:14,
131:15, 131:16,
132:24, 148:7,
150:6, 152:24,
159:2, 161:2, 161:3,
161:16, 161:18,
166:14, 166:16,
171:1, 183:21,
200:6, 200:7,
200:13, 223:17,
225:23, 250:17,
251:6, 254:6
Evidence [1] - 150:2
evidentiary [1] 165:16
exactly [2] - 22:14,
176:9
EXAMINATION [28] 8:3, 42:20, 70:7,
89:16, 92:4, 94:15,
100:20, 104:17,
124:23, 125:18,
126:17, 128:9,
139:5, 156:20,
157:11, 180:20,
188:19, 198:7,
201:19, 208:14,
209:14, 227:18,
230:3, 232:15,
233:11, 240:23,
244:7, 245:10
examination [2] 122:23, 192:21
examine [2] - 71:9,
177:8
examining [1] - 52:8
example [13] - 19:18,
165:11, 170:15,
170:16, 172:9,
172:19, 183:3,
187:4, 187:7,
230:20, 242:14,
250:17
examples [5] - 165:7,
170:12, 172:1,
172:7, 214:16
except [8] - 52:23,
63:19, 80:18, 80:21,
82:25, 161:17,
219:20, 236:22
exception [1] - 64:1
exceptional [1] 113:24
exchange [2] - 52:21,
52:22
excluded [2] - 134:12,
247:25
exclusion [1] - 134:10
exclusively [1] 139:21
excused [15] - 84:9,
92:12, 92:14, 127:8,
127:10, 127:13,
138:20, 138:22,
170:3, 232:22,
232:24, 247:5,
247:7, 247:20,
247:21
executive [2] - 140:15,
141:22
exemption [15] 34:17, 34:21, 35:4,

72:7, 72:18, 72:24,
73:6, 73:12, 74:8,
74:16, 91:11, 91:24,
92:7, 161:1, 161:8
exemptions [2] 35:11, 160:25
exercise [1] - 92:20
exercising [1] 195:15
exhaustively [1] 154:21
Exhibit [61] - 25:3,
25:20, 28:11, 32:16,
35:6, 35:18, 37:7,
39:5, 51:17, 52:7,
52:11, 57:16, 58:7,
58:11, 61:6, 61:15,
61:18, 62:12, 62:13,
72:6, 75:16, 78:2,
85:2, 110:14,
111:13, 113:22,
114:25, 115:5,
116:3, 116:19,
117:8, 117:13,
119:13, 120:9,
130:14, 133:7,
133:15, 134:19,
145:22, 146:2,
147:4, 148:9, 151:9,
152:22, 153:11,
155:7, 155:23,
159:23, 163:2,
169:10, 184:6,
193:14, 198:9,
212:2, 219:8, 223:8,
224:4, 234:12,
248:1, 248:4
exhibit [8] - 27:18,
40:7, 40:19, 56:15,
56:18, 151:10,
153:3, 156:22
EXHIBITS [1] - 6:1
exhibits [6] - 71:11,
71:15, 119:8,
175:16, 247:25,
254:10
existed [3] - 69:25,
137:1, 236:16
exists [3] - 42:14,
187:21, 219:12
expect [1] - 165:11
expensive [1] - 41:21
experience [2] 125:6, 237:20
expert [3] - 246:13,
246:15, 246:21
expertise [2] - 243:21,
243:22
Expiration [1] 254:19

explain [5] - 93:18,
105:15, 143:13,
154:11, 164:9
explained [1] - 151:5
explaining [1] 170:12
explicitly [1] - 186:3
explore [2] - 56:19,
190:2
express [2] - 15:14,
41:11
expressed [4] - 82:12,
189:7, 206:24,
207:24
expressing [2] 148:14, 201:24
extended [1] - 103:4
extent [5] - 41:13,
41:14, 154:4,
161:17, 202:25
extra [1] - 54:6
extraneous [1] - 61:17
extremely [1] - 203:3
Exxon [2] - 96:15,
96:16
eye [3] - 7:8, 248:24,
249:8
eyes [1] - 248:25
F
face [9] - 67:11, 88:3,
111:8, 117:18,
188:24, 203:7,
215:11, 246:8
face-to-face [1] 111:8
fact [51] - 16:22,
19:11, 35:6, 75:18,
79:12, 82:14, 86:10,
86:19, 86:20, 96:14,
98:2, 101:24,
113:16, 114:18,
118:5, 136:23,
137:25, 144:13,
154:22, 158:22,
163:25, 164:1,
164:14, 168:18,
171:2, 171:16,
172:10, 174:8,
179:12, 182:18,
183:1, 183:17,
183:19, 184:2,
185:13, 185:15,
185:20, 186:4,
186:5, 187:12,
187:13, 188:21,
199:3, 199:13,

281-723-9090
221:10, 227:7,
227:8, 232:7, 235:6,
253:4
fact-finding [3] 185:20, 186:4, 186:5
factors [1] - 161:1
facts [15] - 70:10,
76:13, 81:20, 86:23,
136:23, 185:18,
186:2, 191:17,
198:21, 198:22,
198:24, 199:7,
238:15, 241:20,
242:1
factual [6] - 55:5,
76:1, 76:3, 88:2,
88:5, 117:17
factually [1] - 225:14
failed [3] - 154:4,
160:15, 190:19
fair [12] - 20:2, 22:23,
33:20, 40:23, 41:22,
98:11, 116:16,
134:2, 150:4,
154:15, 203:13,
241:13
fairly [2] - 52:19,
137:24
fairness [4] - 47:18,
113:12, 113:16,
194:1
false [14] - 49:8,
49:10, 79:1, 148:25,
149:22, 168:9,
176:17, 176:18,
176:22, 185:3,
196:12, 201:10,
220:22, 229:18
falsely [1] - 182:1
falsification [1] 168:13
familiar [9] - 28:13,
39:6, 123:22,
123:25, 124:3,
125:9, 136:2,
163:11, 237:24
families [1] - 173:3
family [1] - 10:20
far [15] - 93:3, 103:8,
144:10, 146:18,
147:15, 164:10,
178:6, 188:15,
189:10, 193:24,
200:21, 222:1,
238:19, 246:15,
253:12
father [8] - 34:25,
36:2, 36:7, 36:10,
36:13, 44:12, 64:13,
74:12
12
father's [2] - 35:6,

44:13
fault [1] - 188:10
favor [4] - 88:2, 88:4,
171:15, 181:19
favorably [1] - 205:10
Fax [1] - 2:7
fax [1] - 2:12
February [9] - 109:12,
109:13, 129:8,
134:25, 135:12,
135:19, 145:8,
146:20, 146:22
federal [4] - 81:21,
168:3, 210:1, 210:17
feelings [2] - 173:14,
204:25
fell [1] - 157:24
felon [1] - 195:11
felony [9] - 58:18,
69:1, 77:19, 77:23,
94:3, 105:10,
124:13, 195:11,
239:5
felt [4] - 93:6, 93:7,
99:13, 101:9
female [1] - 248:24
few [4] - 132:2, 147:7,
193:15, 231:11
field [2] - 171:13,
172:17
fighting [2] - 204:9,
205:21
figure [1] - 172:16
file [5] - 16:19, 167:14,
168:8, 168:11, 250:6
filed [3] - 211:18,
222:12, 250:4
files [3] - 16:3, 183:10,
218:4
filing [1] - 145:16
filings [2] - 151:4,
231:10
fill [4] - 168:5, 176:10,
178:15, 196:25
filled [3] - 28:15,
28:23, 30:17
filling [1] - 177:19
fills [1] - 197:5
final [4] - 86:5, 86:11,
195:14, 230:22
finalized [1] - 231:2
finally [1] - 195:10
financial [2] - 41:16,
41:19
finder [2] - 171:2,
182:25
findings [2] - 185:14,
199:3
fine [2] - 104:1, 200:12
fine-grain [1] - 200:12

finished [1] - 109:17
fired [3] - 204:8,
204:9, 205:9
firing [1] - 205:19
firm [2] - 108:13,
128:15
First [2] - 69:3, 222:25
first [52] - 8:2, 9:24,
12:2, 14:7, 15:3,
20:9, 21:13, 22:3,
24:10, 24:19, 28:7,
30:8, 42:25, 56:13,
62:18, 62:21, 69:13,
77:6, 79:23, 80:23,
82:5, 85:15, 85:18,
94:5, 94:14, 95:18,
104:16, 104:21,
105:14, 105:16,
106:18, 128:8,
139:4, 144:16,
146:7, 148:11,
152:20, 179:22,
209:13, 211:11,
211:18, 212:23,
215:24, 219:14,
233:10, 234:13,
234:22, 243:20,
243:23, 253:7
fit [1] - 102:18
five [5] - 101:17,
114:4, 177:23,
202:19, 234:4
fix [1] - 163:8
fixed [5] - 60:7, 62:19,
163:16, 193:20,
194:7
flash [1] - 181:1
flashing [1] - 163:6
flexibility [1] - 126:19
flip [5] - 25:21, 33:19,
76:25, 85:1, 85:6
flirting [2] - 10:3,
10:15
flow [1] - 243:10
focus [2] - 108:2,
129:5
focused [2] - 41:7,
187:1
focusing [2] - 33:19,
49:15
folks [7] - 38:22,
72:10, 113:25,
117:19, 118:18,
174:7, 228:3
follow [5] - 89:14,
152:3, 153:13,
206:13, 206:23
follow-up [4] - 89:14,
152:3, 153:13,
206:13
followed [2] - 67:25,
68:4
following [3] - 1:20,
91:23, 151:19
follows [7] - 8:2,
94:14, 104:16,
128:8, 139:4,
209:13, 233:10
foot [2] - 164:15,
165:8
FOR [5] - 2:2, 2:14,
3:3, 3:9, 6:3
forced [1] - 75:11
forcefully [2] - 189:2,
189:3
forecast [1] - 247:15
foregoing [1] - 254:5
forever [1] - 177:20
forget [1] - 219:15
forgot [1] - 242:19
forgotten [1] - 208:24
form [33] - 15:20,
23:20, 24:7, 28:16,
29:1, 29:11, 30:17,
58:2, 79:13, 122:24,
130:4, 133:16,
134:10, 176:10,
177:19, 184:6,
184:7, 184:23,
185:2, 185:4,
187:18, 190:8,
195:19, 195:25,
196:7, 196:20,
196:21, 213:17,
219:12, 219:14,
219:21, 229:13,
229:18
formal [4] - 141:16,
143:22, 159:25,
167:14
formation [1] - 214:20
formed [2] - 23:12,
220:25
forms [4] - 25:4,
108:24, 214:13,
219:15
forth [2] - 146:4,
146:24
forum [2] - 14:16,
14:18
forward [9] - 7:9, 7:21,
53:6, 94:4, 123:4,
124:22, 206:5,
233:3, 241:16
forwarded [6] 109:18, 147:10,
151:23, 156:24,
173:11, 252:17
foundation [3] -
114:11, 144:23,
243:15
four [7] - 32:17, 74:24,
101:4, 105:12,
153:18, 200:17,
234:1
four-year [2] - 74:24,
200:17
fourth [1] - 85:21
Fourth [1] - 172:14
fraud [4] - 106:6,
106:12, 117:24
fraudulently [2] 109:17, 109:21
Frazier [1] - 109:6
free [1] - 141:5
frequently [1] - 159:9
Friday [2] - 28:4, 28:5
friendly [1] - 214:10
friends [2] - 12:12,
183:22
front [3] - 37:7, 50:13,
98:22
frozen [1] - 169:19
frustrated [1] - 190:8
frustration [1] 148:14
full [1] - 177:18
fully [1] - 77:21
funds [1] - 15:20
FURTHER [3] - 92:4,
201:19, 208:14
future [1] - 55:10
fuzz [1] - 248:14
G
gained [2] - 158:20,
164:13
Galveston [1] - 172:22
gas [2] - 96:13, 173:12
gatekeeper [1] - 47:18
gather [1] - 91:13
Gaultney [7] - 110:7,
110:17, 110:20,
110:24, 209:7,
227:20, 232:17
GAULTNEY [3] - 3:22,
5:11, 209:12
Gaultney.... [1] - 6:5
GENERAL [3] - 2:2,
2:5, 2:10
general [27] - 8:23,
43:10, 45:22, 57:12,
57:18, 70:10, 81:6,
97:5, 107:10,
120:17, 134:1,
136:6, 136:17,
136:20, 138:8,
140:19, 141:8,

281-723-9090
141:11, 141:24,
152:15, 156:6,
156:8, 162:21,
192:21, 197:13,
212:13, 231:23
General [3] - 2:4, 2:9,
58:13
general's [12] - 51:9,
59:6, 78:7, 106:16,
120:9, 142:20,
193:17, 240:18,
241:1, 241:4, 241:8,
241:18
General................. [1]
- 6:4
generally [7] - 129:15,
129:17, 133:9,
141:22, 145:6,
152:17, 243:15
gentleman [1] - 7:5
gentlemen [8] - 8:5,
84:7, 92:24, 127:11,
169:25, 177:13,
247:14, 247:17
geographic [3] 172:12, 172:15,
173:6
German [1] - 164:18
girl [1] - 94:24
gist [2] - 145:12, 148:9
given [14] - 51:22,
64:21, 84:19, 93:8,
116:5, 142:23,
143:9, 154:18,
186:5, 188:5, 201:5,
206:19, 218:25,
252:21
GLICKLER [80] - 7:14,
7:19, 7:24, 8:4, 10:4,
10:6, 10:17, 13:7,
24:15, 24:18, 42:18,
46:15, 46:21, 47:4,
48:4, 48:9, 48:14,
49:10, 49:20, 49:25,
50:4, 50:9, 52:9,
53:15, 53:21, 53:24,
56:12, 58:9, 61:17,
61:20, 62:10, 70:1,
70:8, 71:10, 71:13,
71:17, 76:17, 76:18,
84:4, 84:15, 84:17,
89:13, 92:5, 92:9,
92:13, 98:17, 119:2,
119:6, 130:22,
131:6, 131:9,
131:11, 131:13,
132:9, 132:17,
132:23, 149:19,
163:7, 177:6, 195:2,
202:19, 203:8,
13
204:6, 204:11,
205:11, 205:15,
248:7, 249:6,
249:11, 249:25,
250:7, 250:9,
251:12, 252:13,
252:15, 252:19,
252:22, 252:25,
253:9, 253:17
Glickler [3] - 2:4,
248:25, 249:19
Glickler.............. [2] 3:7, 5:5
Glickler.....................
. [2] - 3:6, 5:4
Glickler.....................
... [2] - 3:5, 5:3
God [2] - 98:8, 205:2
Goeddertz [4] - 17:1,
26:13, 32:18, 72:20
governance [1] 60:20
governing [1] - 150:24
government [8] 106:4, 123:20,
124:8, 143:5,
150:22, 168:13,
240:5, 240:16
governor [1] - 76:20
graduated [9] - 54:21,
75:9, 96:6, 105:2,
105:5, 105:7,
139:12, 139:14,
139:20
grain [1] - 200:12
Grand [5] - 10:8, 42:5,
42:8, 43:11, 71:20
Grant [10] - 6:5, 69:4,
104:10, 104:21,
223:1, 223:14,
225:4, 226:18,
226:21, 227:1
grant [4] - 124:25,
223:20, 224:15,
224:25
GRANT [3] - 3:12,
5:14, 104:15
Grant........ [1] - 6:6
great [3] - 133:18,
186:7, 241:11
greatly [1] - 222:14
Greg [2] - 57:14, 58:13
Gregory [1] - 119:18
grounds [2] - 147:13,
171:12
group [6] - 12:15,
13:21, 25:24, 52:21,
100:9, 175:18
groups [1] - 126:24
GSC-1 [2] - 119:15,
160:1
guess [41] - 42:25,
43:23, 52:19, 53:12,
56:7, 56:10, 59:5,
59:13, 64:8, 96:20,
105:21, 107:6,
107:8, 107:18,
115:9, 117:17,
120:1, 136:23,
137:1, 137:5,
139:16, 141:10,
143:5, 144:4, 146:3,
148:11, 151:12,
156:7, 158:2, 168:6,
168:12, 174:20,
184:24, 189:13,
196:21, 210:25,
211:20, 212:17,
212:18, 218:14,
230:14
guessing [2] - 146:20,
176:6
guest [2] - 32:14,
33:22
guests [4] - 27:13,
27:21, 32:18, 32:22
guidance [1] - 119:25
guilty [2] - 9:4, 9:6
guy [1] - 46:3
guys [1] - 38:9
H
habit [2] - 8:12, 169:5
habitation [6] - 62:20,
80:10, 178:23,
186:14, 193:21,
194:7
habitual [1] - 181:2
half [11] - 11:6, 21:1,
21:2, 30:21, 31:3,
58:20, 105:8,
105:12, 140:11,
213:10, 244:22
hammer [1] - 172:2
HAND [1] - 254:15
hand [8] - 41:4, 41:7,
94:9, 113:23, 128:5,
139:1, 149:23, 243:7
handle [3] - 105:22,
106:8, 129:15
handled [1] - 136:5
handling [2] - 105:25,
208:9
Hanshaw [1] - 140:13
Hanshaw-Winn [1] 140:13
happy [3] - 61:21,
198:18, 198:25
hard [3] - 7:8, 173:5,
188:7
Harris [3] - 105:6,
242:17, 242:19
hashed [1] - 173:4
haul [1] - 127:1
head [3] - 98:8,
137:22, 159:1
hear [7] - 8:14, 13:4,
50:12, 63:16, 93:23,
134:13, 171:10
heard [15] - 1:21, 15:3,
68:15, 76:8, 87:3,
93:3, 93:6, 114:24,
122:22, 125:10,
125:12, 170:17,
204:21, 221:7,
236:15
hearing [5] - 18:23,
42:24, 103:15,
125:7, 182:14
hearsay [37] - 46:16,
46:24, 47:4, 50:1,
70:2, 99:16, 131:14,
133:16, 134:22,
135:8, 145:1, 147:8,
147:13, 147:15,
147:16, 148:8,
148:17, 148:20,
149:4, 149:15,
149:24, 152:12,
152:13, 153:3,
153:22, 157:7,
215:21, 218:11,
223:17, 224:6,
224:11, 225:15,
236:6, 239:14,
248:7, 248:8
heart [1] - 164:4
hearth [1] - 159:4
HEATH [4] - 1:7, 3:10,
5:17, 94:13
Heath [139] - 6:7, 6:8,
6:8, 7:3, 11:21,
11:23, 11:25, 12:4,
12:5, 12:11, 14:7,
14:13, 15:8, 16:22,
26:12, 32:18, 40:21,
41:4, 41:11, 44:7,
45:19, 47:7, 49:21,
50:5, 50:9, 68:7,
70:17, 74:5, 82:18,
82:22, 83:24, 92:6,
93:19, 94:6, 94:18,
100:22, 110:19,
110:22, 111:3,
111:25, 112:12,
112:21, 114:3,
115:9, 116:21,
121:1, 122:8, 123:6,
123:17, 124:25,
125:6, 127:3, 133:2,

135:19, 138:16,
144:12, 144:14,
144:21, 145:3,
145:24, 146:5,
148:11, 150:6,
150:14, 151:13,
152:3, 152:4,
152:16, 152:24,
153:4, 153:14,
155:8, 156:8,
156:24, 157:13,
160:3, 162:12,
162:21, 162:25,
163:18, 164:9,
165:7, 169:2,
170:22, 174:14,
177:16, 178:25,
179:10, 181:10,
182:2, 182:6, 182:7,
184:7, 185:6, 186:1,
187:25, 189:14,
190:1, 190:5,
191:25, 198:3,
200:19, 200:22,
202:20, 206:18,
206:21, 206:25,
207:2, 207:9, 208:8,
211:12, 211:14,
212:19, 214:8,
216:14, 217:1,
218:5, 220:22,
223:2, 224:22,
224:24, 225:5,
226:10, 227:10,
227:13, 227:20,
233:25, 236:1,
236:13, 238:3,
239:2, 239:7,
239:10, 239:18,
239:23, 243:22,
248:22
Heath's [8] - 47:7,
125:16, 149:21,
157:2, 201:25,
212:5, 220:14,
236:10
Heath..... [1] - 6:7
held [3] - 1:23, 75:7,
173:11
help [6] - 58:2, 98:22,
143:11, 144:25,
218:25, 252:13
helped [1] - 150:3
helpful [1] - 54:15
hereby [1] - 254:4
hide [1] - 66:9
high [1] - 114:4
highlighted [1] - 81:22
himself [2] - 153:4,

281-723-9090
176:1
himself) [1] - 251:22
hold [10] - 45:14,
49:19, 52:13, 54:25,
67:16, 160:20,
162:5, 194:1,
241:10, 243:9
holding [8] - 39:10,
39:15, 39:21, 40:3,
40:9, 41:4, 163:23
Holiday [1] - 183:4
home [60] - 34:15,
34:19, 34:23, 35:9,
44:23, 45:4, 54:17,
55:17, 62:19, 62:23,
63:6, 63:10, 73:24,
74:3, 79:17, 79:19,
79:21, 79:24, 80:3,
81:5, 81:11, 83:22,
93:13, 96:18,
101:14, 101:16,
102:4, 102:5, 103:9,
156:15, 159:4,
159:5, 160:24,
164:2, 165:21,
172:2, 173:5, 173:8,
173:15, 177:20,
178:22, 178:24,
179:1, 184:16,
187:6, 187:13,
187:14, 187:18,
187:23, 193:20,
194:7, 195:25,
200:10, 200:11,
201:13, 247:11,
252:20
home-schooled [3] 44:23, 45:4, 93:13
homeless [4] 126:25, 172:9,
172:11, 172:13
homeowners [1] 72:3
homes [3] - 17:19,
35:10, 109:1
homestead [23] 34:17, 34:21, 35:4,
35:11, 72:7, 72:18,
72:24, 73:6, 73:12,
73:22, 74:8, 74:16,
91:7, 91:8, 91:11,
91:16, 91:20, 91:24,
92:7, 160:25, 161:1,
161:5, 161:8
honest [1] - 124:15
honestly [1] - 47:14
Honor [85] - 7:15,
7:24, 8:18, 24:15,
42:18, 42:19, 46:15,
47:2, 51:14, 52:6,
14
52:9, 53:15, 56:12,

61:4, 61:14, 61:17,
62:1, 70:6, 84:4,
89:13, 92:3, 92:9,
92:13, 92:19, 94:11,
98:17, 99:16, 99:18,
103:21, 104:13,
110:12, 112:18,
115:6, 116:1,
124:21, 127:9,
130:11, 130:18,
130:22, 132:13,
134:21, 135:7,
144:17, 145:19,
147:3, 148:16,
148:19, 149:18,
149:19, 152:11,
152:22, 153:2,
153:22, 153:24,
156:17, 158:14,
159:21, 161:23,
170:9, 175:11,
180:19, 188:18,
189:21, 191:6,
201:17, 204:11,
205:11, 209:11,
211:25, 216:24,
219:5, 223:6,
223:16, 230:1,
232:23, 233:7,
235:8, 235:14,
236:5, 237:9, 238:9,
239:13, 240:20,
247:6, 251:13
Honorable [1] - 1:22
hope [3] - 117:19,
118:18, 189:3
hopeful [1] - 121:20
horrified [1] - 201:3
hostile [1] - 169:21
hotel [50] - 18:4,
18:17, 22:24, 28:7,
36:17, 38:10, 41:12,
41:17, 41:20, 54:7,
58:14, 66:2, 67:15,
68:4, 68:8, 68:16,
69:7, 69:14, 70:21,
81:16, 89:4, 89:5,
89:10, 93:15, 93:25,
100:3, 101:4,
108:15, 115:19,
118:20, 179:11,
179:15, 179:16,
179:21, 180:4,
183:6, 184:11,
185:7, 185:9,
185:12, 188:1,
190:14, 206:17,
225:19, 244:20,
244:25, 245:4, 245:7
hotels [2] - 158:6,

179:13
hotline [3] - 137:5,
140:24, 197:24
hour [5] - 132:5,
162:19, 202:11,
244:22
hours [3] - 68:19,
68:23, 71:2
house [16] - 17:21,
23:6, 35:22, 36:19,
36:20, 36:22, 54:20,
80:11, 102:15,
102:17, 103:13,
164:21, 172:17,
179:5, 182:19,
183:24
Houston [3] - 20:1,
46:5, 96:9
hundred [3] - 167:4,
217:6, 217:13
Huntsville [1] - 96:13
husband [4] - 97:7,
102:20, 103:14,
171:4
hypothetical [1] 185:11
I
I's [1] - 101:1
idea [13] - 46:1, 60:17,
67:15, 67:18, 67:20,
68:25, 101:3,
106:19, 141:20,
154:16, 179:21,
182:9, 247:15
identified [4] - 71:5,
131:4, 165:6, 195:24
identifies [1] - 173:8
identify [2] - 130:16,
154:5
identity [1] - 144:21
ignorance [3] 125:10, 125:14,
250:11
ignorant [1] - 253:5
ill [1] - 200:11
illegal [4] - 78:18,
106:7, 121:22,
239:11
illegally [1] - 117:22
imagine [1] - 160:4
immediately [2] 128:19, 165:23
immoderate [1] 190:17
implementation [1] 210:9
implements [1] -
105:21
implications [1] 99:10
important [9] 119:10, 159:2,
176:3, 187:2, 187:9,
197:6, 238:19,
242:1, 253:3
imposed [1] - 20:6
impression [18] - 9:9,
49:11, 125:1, 177:7,
181:12, 182:12,
188:5, 188:8, 188:9,
188:11, 192:22,
192:24, 193:3,
193:5, 207:6, 207:8,
221:18, 221:20
improper [3] - 53:25,
56:16, 131:14
improperly [1] 117:21
improved [1] - 222:14
IN [1] - 1:3
in-person [1] - 112:5
inadmissible [2] 56:21, 150:7
inadvertently [2] 98:10, 250:2
inappropriately [1] 117:19
incapacitated [2] 195:16
incarceration [1] 195:12
incidence [1] - 85:15
incidentals [1] - 34:5
include [8] - 10:21,
29:18, 106:6,
126:24, 186:20,
198:13, 199:20,
199:22
included [5] - 24:4,
26:12, 156:14,
198:25, 250:17
including [4] - 34:8,
68:22, 82:11, 195:12
incompetent [3] 58:17, 77:16, 132:24
increased [1] - 210:8
independent [6] 57:7, 97:7, 97:25,
98:1, 168:17, 203:18
INDEX [4] - 3:1, 4:1,
5:1, 6:1
indicate [2] - 12:8,
239:10
indicated [3] - 11:18,
89:22, 220:16
indicates [4] - 26:11,
37:13, 191:7, 191:9
indicating [2] - 84:19,

240:6
indication [1] - 27:11
indicted [5] - 43:1,
43:6, 71:18, 72:1,
202:20
indictment [2] - 43:4,
43:14
individual [5] - 59:24,
143:25, 200:2,
213:10, 238:20
individuals [7] 26:12, 35:10,
108:15, 109:1,
109:16, 116:8,
200:15
inference [3] - 9:3,
9:21, 203:13
information [36] 18:20, 48:11, 51:1,
52:21, 55:3, 61:18,
93:20, 93:21,
108:19, 108:20,
108:22, 109:2,
109:14, 117:18,
133:16, 137:13,
146:23, 147:24,
148:8, 149:9,
153:21, 154:3,
156:24, 158:15,
180:24, 191:19,
196:15, 203:2,
211:17, 211:18,
217:4, 220:23,
222:13, 222:14,
229:18, 230:19
informational [2] 52:22, 118:5
informed [4] - 8:23,
110:1, 175:12,
248:22
informing [1] - 167:25
inherited [1] - 161:9
initial [3] - 45:18,
108:23, 218:8
injected [1] - 252:3
inkling [1] - 68:25
inmates [1] - 81:18
Inn [58] - 18:1, 18:3,
18:9, 18:11, 20:9,
21:2, 21:4, 21:14,
21:23, 22:6, 22:7,
22:12, 23:2, 24:11,
24:20, 25:21, 30:2,
31:4, 32:3, 32:10,
32:12, 32:17, 35:14,
38:22, 42:16, 65:1,
66:18, 69:11, 69:17,
69:18, 72:11, 72:13,
72:18, 72:22, 72:25,

281-723-9090
73:4, 73:13, 73:20,

74:24, 83:15, 93:5,
103:9, 183:4,
188:23, 189:15,
190:7, 190:24,
192:1, 192:14,
225:19, 226:12,
226:14, 226:19,
227:22, 229:4,
239:2, 244:11,
244:14
innuendo [1] - 133:10
inquiries [1] - 141:5
inside [6] - 154:6,
154:9, 154:19,
158:25, 173:3,
220:17
insomuch [1] - 79:5
inspiration [1] - 13:23
instance [5] - 142:18,
160:19, 166:18,
181:20, 183:21
instances [1] - 231:20
instead [1] - 142:17
Institute [1] - 105:3
institution [2] - 167:6,
172:3
instructing [1] - 194:5
instruction [3] 98:20, 237:11,
253:11
instructions [3] 247:18, 249:21,
249:24
integrity [5] - 105:10,
105:25, 106:2,
106:3, 109:6
intelligent [1] - 93:13
intend [7] - 23:2,
23:17, 104:9, 114:4,
166:9, 187:23,
221:19
intended [4] - 23:20,
165:20, 188:10,
241:9
intending [1] - 133:3
intends [3] - 62:20,
178:23, 194:10
intent [35] - 23:13,
23:16, 24:8, 48:25,
86:24, 90:24, 91:1,
121:18, 153:25,
158:18, 159:1,
159:2, 161:2,
165:14, 166:12,
176:12, 176:23,
180:6, 182:8,
182:12, 186:9,
186:11, 187:7,
187:14, 189:23,
15
191:4, 201:4, 201:5,

201:7, 201:10,
201:11, 201:12,
202:22, 204:17,
207:15
intention [20] - 54:20,
59:23, 60:1, 60:5,
65:8, 81:11, 86:4,
86:10, 86:11, 86:17,
86:19, 86:20, 86:22,
90:22, 163:14,
164:2, 183:14,
200:2, 207:5, 207:8
intentionally [1] 249:6
Internet [3] - 123:14,
123:16, 130:22
interpret [4] - 120:4,
141:6, 142:14, 207:2
interpretation [6] 63:24, 70:22, 77:1,
86:3, 119:22, 140:17
interpreted [2] - 10:9,
142:11
interpreter [1] - 78:14
interpreting [5] - 79:6,
106:21, 107:1,
137:3, 141:10
interrogated [1] 123:3
interrupt [2] - 184:4,
243:10
intersecting [1] 217:14
intimately [1] - 150:3
introduce [3] - 8:5,
133:3, 133:4
introduced [1] 114:21
investigate [1] - 106:4
investigating [1] 113:24
investigation [5] 106:13, 108:21,
109:18, 110:25,
236:14
investigator [2] 109:7, 109:8
invited [1] - 43:11
invoke [1] - 134:15
invoked [4] - 103:24,
104:5, 134:8
involuntarily [1] - 20:6
involuntary [1] 183:20
involve [2] - 106:4,
167:24
involved [17] - 14:8,
45:18, 49:16, 59:23,
85:4, 100:14,
110:25, 136:4,
140:17, 153:7,
200:2, 217:7,
222:17, 222:18,
222:20, 235:17,
235:18
involvement [1] - 43:7
involves [1] - 167:25
involving [4] - 9:5,
35:13, 74:20, 85:16
irrelevant [4] - 147:11,
187:11, 197:4,
203:22
issue [32] - 48:16,
52:25, 68:20, 86:17,
91:9, 91:10, 91:12,
120:20, 121:13,
135:5, 135:10,
135:15, 136:4,
136:19, 137:10,
137:13, 141:20,
142:1, 149:22,
149:23, 160:14,
167:11, 189:11,
202:22, 204:17,
213:24, 230:14,
237:15, 237:17,
237:25
issued [9] - 37:14,
38:5, 109:16,
109:20, 125:24,
141:15, 141:17,
160:1, 174:25
issues [38] - 14:2,
24:1, 24:3, 24:20,
35:13, 48:15, 48:16,
53:2, 53:3, 65:11,
82:1, 86:18, 113:2,
130:4, 130:7,
133:11, 136:16,
136:22, 136:23,
137:25, 142:7,
142:19, 145:6,
158:16, 163:21,
173:21, 180:22,
188:16, 191:17,
203:3, 204:21,
211:8, 216:10,
222:18, 230:9, 231:4
issuing [2] - 142:6,
142:10
item [1] - 20:18
itself [5] - 154:25,
161:3, 161:17,
171:18, 181:24
J
James [2] - 25:22,
233:15
January [6] - 30:5,

30:12, 91:23,
104:24, 109:13,
145:8
Japan [1] - 164:18
Jay [2] - 2:15, 42:23
Jenkins [12] - 25:22,
26:9, 26:14, 31:13,
31:25, 32:18, 32:21,
32:23, 40:21, 65:24,
65:25, 73:2
Jenkins' [1] - 26:17
Jessica [2] - 146:14,
147:9
JIM [3] - 4:3, 5:8,
233:9
Jim [6] - 26:9, 26:14,
65:25, 73:2, 233:1,
245:18
job [14] - 96:15,
105:20, 113:24,
122:12, 122:14,
122:16, 129:15,
129:21, 140:7,
140:16, 141:1,
201:6, 210:8, 221:16
Joe [12] - 6:7, 6:7, 6:8,
6:8, 6:10, 132:4,
132:5, 137:16,
137:20, 138:24,
139:9, 248:3
JOE [3] - 3:17, 5:19,
139:3
John [2] - 1:22, 109:7
joint [1] - 210:11
Jonathan [1] - 2:9
jonathan.white@
texasattorneygeneral
.gov [1] - 2:12
journalism [2] 128:24, 129:1
judge [16] - 97:15,
98:24, 103:1,
167:11, 190:13,
199:22, 202:10,
202:12, 220:2,
233:1, 237:23,
238:24, 243:4,
245:13, 245:14,
245:18
Judge [6] - 1:22,
150:9, 202:19,
203:4, 203:25, 205:5
judgemental [1] 118:19
judgment [3] - 166:20,
195:14, 232:2
judicial [1] - 186:3
JUDICIAL [1] - 1:7
Julie [1] - 147:10
July [5] - 33:11, 79:21,

83:18, 128:22, 140:6
jump [3] - 11:11,
20:11, 181:10
jumping [2] - 9:13,
53:12
June [13] - 28:23,
32:22, 33:4, 33:5,
33:12, 33:21, 33:25,
35:14, 36:5, 37:15,
38:5, 38:9, 211:3
juris [1] - 139:15
jurisdiction [2] 168:8, 195:15
jurisdictions [1] 150:22
juror [2] - 77:17,
248:24
jurors [1] - 249:8
JURY [2] - 1:13, 13:5
jury [71] - 7:10, 7:11,
7:17, 8:6, 8:22, 8:24,
9:6, 9:13, 13:4,
47:11, 47:24, 48:13,
50:13, 84:9, 84:12,
90:11, 92:24, 98:6,
98:11, 98:22,
104:20, 105:15,
113:18, 114:24,
119:10, 127:13,
127:19, 127:21,
127:23, 129:13,
129:24, 130:21,
133:11, 133:17,
134:5, 136:1,
139:19, 143:11,
154:11, 162:12,
162:17, 170:3,
170:6, 171:22,
175:21, 187:1,
191:18, 194:5,
195:8, 199:22,
202:3, 202:9,
202:17, 204:15,
209:16, 209:23,
210:5, 219:11,
234:5, 238:15,
238:18, 243:12,
247:21, 249:7,
249:12, 250:10
Jury [5] - 10:8, 42:5,
42:8, 43:11, 71:20
jury's [1] - 12:7
Justice [1] - 231:9
justice [1] - 78:8
justify [1] - 47:21
K
K-U-L-H-A-V-Y [1] -

281-723-9090
139:9
Kandace [2] - 94:7,
94:17
KANDY [3] - 3:10,
5:17, 94:13
Kandy [3] - 94:6,
94:17, 94:18
Karen [2] - 254:3,
254:18
kddeshetler@aol.
com [1] - 254:22
keep [6] - 89:19,
92:21, 98:11, 110:1,
111:21, 111:22
keeping [1] - 7:8
kept [1] - 228:1
key [1] - 252:11
Kime [1] - 147:10
kind [26] - 9:15, 17:20,
47:18, 49:7, 58:21,
63:23, 77:16,
105:18, 109:8,
114:4, 114:10,
143:11, 143:13,
143:23, 161:11,
165:15, 168:4,
168:17, 171:4,
172:2, 172:20,
181:3, 182:24,
184:20, 189:2
knocking [1] - 250:24
knowing [1] - 126:2
knowingly [1] - 122:4
knowledge [15] - 30:3,
48:25, 56:16, 57:10,
70:2, 71:23, 82:23,
92:8, 107:20, 108:4,
127:3, 133:22,
168:20, 200:20,
218:1
known [4] - 11:25,
12:1, 82:24, 233:25
knows [3] - 9:14,
121:25, 144:21
Kulhavy [18] - 6:7,
132:4, 132:6,
137:16, 138:1,
138:7, 138:24,
139:9, 147:6,
156:22, 170:11,
177:15, 180:22,
191:9, 192:7,
201:21, 205:19,
248:3
KULHAVY [3] - 3:17,
5:19, 139:3
Kulhavy..... [3] - 6:7,
6:8, 6:8
Kulhavy...................
[1] - 6:10
16
Kyoto [1] - 164:18
L
laches [2] - 143:7,
143:12
ladies [8] - 8:5, 84:7,
92:24, 127:11,
169:25, 177:12,
247:14, 247:17
lake [1] - 83:22
Lane [15] - 10:18,
11:10, 11:19, 13:8,
23:6, 23:11, 28:24,
29:3, 30:23, 37:11,
79:18, 79:20, 79:22,
80:3, 80:12
language [6] - 78:21,
181:24, 219:17,
219:20, 219:21,
250:11
largely [1] - 59:23
last [24] - 14:9, 27:18,
42:25, 81:21, 81:22,
89:23, 90:3, 113:13,
119:1, 139:22,
140:5, 150:21,
151:4, 162:1,
162:16, 164:17,
164:20, 164:21,
167:4, 177:18,
189:2, 196:20,
234:13, 234:21
lasts [1] - 38:1
late [11] - 22:14,
33:12, 48:4, 129:8,
146:20, 155:11,
174:21, 189:10,
210:25, 225:22
late-evening [1] 155:11
laughing [2] - 202:13,
214:10
law [100] - 17:9, 55:9,
55:24, 56:13, 56:16,
63:3, 63:8, 63:15,
63:18, 63:25, 64:1,
64:2, 64:4, 64:20,
67:13, 75:7, 75:12,
75:16, 75:19, 77:13,
77:24, 79:6, 80:17,
80:21, 80:24, 80:25,
81:21, 85:8, 85:19,
89:24, 91:21, 101:7,
105:5, 105:7,
108:13, 113:23,
118:21, 119:22,
120:4, 120:20,
124:13, 126:2,
126:5, 126:6,
126:20, 130:25,
131:2, 131:16,
132:24, 133:11,
139:16, 139:19,
139:20, 141:6,
141:15, 141:17,
141:21, 149:17,
150:21, 158:22,
159:25, 163:21,
164:1, 166:17,
167:4, 167:7,
170:19, 174:9,
186:19, 187:2,
187:6, 188:3, 193:4,
194:2, 194:5,
197:11, 215:1,
215:5, 228:23,
238:10, 238:14,
238:15, 241:25,
246:14, 246:22,
249:24, 250:9,
250:14, 250:18,
250:19, 251:7,
251:8, 251:10,
253:5, 253:6
Law [3] - 105:4,
119:15, 160:1
LAW [1] - 2:15
laws [8] - 106:22,
108:17, 142:9,
154:13, 212:19,
221:5, 221:20,
237:25
lawsuit [1] - 169:7
lawyer [7] - 46:23,
49:8, 49:11, 50:12,
67:2, 231:7, 243:13
lawyers [4] - 65:18,
98:4, 134:15, 240:14
lay [1] - 144:23
layman [1] - 143:13
lays [1] - 77:13
lead [6] - 58:13, 63:1,
137:23, 138:2,
138:9, 163:20
leading [22] - 121:3,
122:20, 122:22,
122:25, 137:4,
161:23, 179:4,
179:6, 192:25,
193:1, 194:22,
195:22, 197:22,
207:17, 207:19,
207:22, 208:1,
210:14, 224:2,
225:21, 225:22,
226:5
learn [1] - 235:24
learned [3] - 31:21,
235:21, 238:2
least [9] - 44:17,

87:14, 137:13,
144:23, 145:5,
187:18, 192:14,
196:22, 240:13
leave [5] - 35:14,
36:20, 71:14,
152:21, 186:11
leaves [1] - 9:3
leaving [3] - 81:5,
101:4, 192:22
led [1] - 93:24
Ledbetter [1] - 128:14
left [9] - 9:9, 36:19,
40:21, 96:16,
105:10, 120:3,
170:11, 177:7, 188:9
legal [38] - 37:8, 51:7,
53:9, 53:11, 53:16,
53:25, 55:17, 63:12,
63:23, 66:12, 67:25,
68:4, 68:14, 68:21,
113:6, 121:6,
121:17, 122:14,
125:9, 131:12,
131:13, 134:2,
137:3, 137:25,
140:14, 143:18,
144:2, 158:9,
158:11, 159:10,
161:11, 161:12,
166:23, 166:24,
167:10, 185:14,
197:14, 230:14
legalese [1] - 80:16
legally [1] - 118:17
legislator [1] - 186:5
legitimacy [2] 118:10, 118:14
legs [1] - 170:1
length [5] - 60:10,
164:6, 166:10,
187:17, 253:11
lengthy [2] - 124:17,
124:20
lenient [1] - 54:25
Leno [1] - 42:23
less [11] - 13:20,
30:21, 31:3, 54:23,
80:6, 85:23, 90:12,
101:17, 101:19,
101:21, 159:13
letter [38] - 51:9,
57:12, 57:17, 57:18,
57:19, 69:3, 109:16,
109:20, 109:25,
110:3, 115:15,
116:20, 116:22,
117:16, 117:20,
117:23, 118:1,
118:5, 119:14,
122:3, 122:10,
122:11, 122:13,
123:7, 123:10,
123:11, 123:13,
123:15, 123:18,
124:2, 124:4, 155:2,
213:17, 219:11,
227:2, 227:6, 227:9,
230:19
Letter [2] - 6:4, 6:6
letters [1] - 116:13
letting [3] - 8:12, 98:7,
155:2
libertarian [1] - 97:8
license [10] - 23:7,
37:2, 37:13, 37:19,
37:23, 37:24, 38:1,
38:3, 38:13, 45:14
lie [1] - 181:22
lied [2] - 167:9, 185:2
lies [1] - 164:3
life [13] - 13:25, 28:16,
34:24, 44:23, 44:24,
44:25, 83:10, 83:13,
83:16, 83:18, 87:13
light [1] - 54:3
Ligon [5] - 105:13,
105:19, 107:8,
110:5, 227:2
likely [1] - 22:20
Limine [1] - 9:18
limit [1] - 194:19
limitations [1] - 125:4
limited [3] - 19:24,
115:3, 185:22
limits [1] - 238:7
line [5] - 25:11, 58:22,
118:15, 157:5,
213:15
lines [1] - 217:14
list [25] - 29:14, 45:24,
46:1, 46:3, 115:14,
115:21, 116:4,
116:8, 116:14,
116:23, 152:17,
152:20, 154:15,
154:18, 155:4,
167:20, 168:2,
196:24, 218:20,
219:24, 220:8,
225:18, 227:3,
231:14
listed [5] - 26:16, 29:1,
165:19, 173:1, 184:7
listen [1] - 203:25
listened [1] - 202:18
listening [1] - 93:1
listing [2] - 38:7,
196:9

281-723-9090
lists [5] - 32:17, 32:22,

33:22, 154:16,
210:21
literature [1] - 243:7
litigating [1] - 48:7
litigator [1] - 144:5
live [48] - 8:8, 10:17,
10:19, 29:18, 29:24,
54:16, 55:9, 74:25,
75:8, 79:11, 79:15,
79:16, 87:7, 88:10,
88:21, 91:21, 95:9,
100:22, 101:4,
116:10, 116:11,
156:10, 172:4,
173:3, 173:15,
178:6, 182:15,
182:16, 182:21,
182:22, 183:23,
184:2, 184:8, 185:4,
187:15, 195:25,
196:10, 198:13,
198:20, 213:25,
214:3, 215:10,
228:24, 231:20,
245:23, 246:3, 246:4
live-on-campus [1] 74:25
lived [17] - 10:23,
23:10, 34:23, 69:18,
94:22, 95:11, 154:6,
154:9, 165:17,
190:14, 200:10,
233:17, 242:16,
246:1, 246:5
lives [5] - 30:24,
75:10, 82:14, 181:5,
182:10
living [22] - 8:17,
10:25, 31:1, 37:11,
54:13, 55:13, 63:5,
69:7, 69:16, 91:25,
93:15, 96:3, 102:6,
102:7, 178:15,
178:16, 178:18,
182:18, 187:20,
197:15, 221:12,
233:19
loaded [2] - 133:10,
133:15
loan [4] - 11:1, 45:8,
45:13, 45:14
local [2] - 150:22,
168:6
location [5] - 90:23,
170:14, 173:6,
178:18, 179:15
locations [5] - 82:15,
83:11, 83:14, 83:19,
214:17
17
locked [1] - 218:21

locus [2] - 159:3,
182:24
logical [1] - 9:21
long-haul [1] - 127:1
longwinded [1] 162:17
look [38] - 51:10,
52:16, 54:8, 57:6,
60:22, 63:4, 64:4,
74:18, 76:13, 76:18,
79:8, 80:19, 93:1,
94:3, 106:24, 107:3,
120:9, 126:9,
140:19, 147:14,
156:4, 158:25,
159:11, 173:4,
175:17, 176:15,
186:13, 188:24,
198:21, 198:22,
203:7, 220:9, 249:7,
249:22, 251:2,
252:10, 252:23
looked [9] - 23:9,
51:4, 51:5, 51:22,
57:11, 60:24, 61:9,
198:24, 252:15
looking [8] - 40:24,
91:15, 165:13,
165:14, 205:18,
232:4, 248:21,
249:23
looks [11] - 35:8, 41:5,
51:23, 57:17, 57:19,
110:22, 121:21,
146:20, 149:19,
151:23
lose [3] - 81:4, 119:12,
165:23
losing [2] - 160:15,
183:10
lost [4] - 54:5, 119:8,
158:21, 164:13
loud [1] - 9:24
love [2] - 183:22,
188:23
loved [1] - 122:12
low [1] - 140:23
lower [4] - 94:9,
104:12, 128:5, 139:1
lowered [1] - 161:5
lunch [1] - 124:18
Lunch [1] - 127:15
M
ma'am [1] - 232:24
machine [1] - 1:24
mail [53] - 6:5, 6:7,
6:7, 6:8, 6:8, 35:23,
35:25, 36:2, 36:4,

38:2, 39:15, 53:5,
110:21, 110:24,
117:2, 145:9,
145:12, 145:24,
146:3, 146:4, 146:8,
146:10, 146:11,
146:18, 148:9,
150:15, 150:16,
151:12, 151:21,
152:2, 152:5, 152:9,
152:17, 153:10,
153:13, 155:8,
155:11, 155:19,
156:9, 156:18,
156:23, 156:25,
157:14, 157:17,
157:18, 173:11,
183:9, 223:14,
223:20, 223:25,
230:18, 252:17
mail...........................
........... [1] - 6:9
mailbox [2] - 35:20,
35:21
mailed [1] - 250:5
mailing [3] - 29:2,
110:17, 173:10
mails [9] - 146:24,
146:25, 147:10,
148:11, 150:14,
153:4, 155:15,
156:14, 176:8
Main [1] - 172:15
main [1] - 130:2
maintain [1] - 141:5
maintained [1] 111:18
major [2] - 54:4,
105:25
majority [6] - 55:5,
75:25, 86:8, 86:9,
95:12, 130:1
man [5] - 69:19, 127:8,
138:20, 174:2,
242:16
manager's [2] - 173:2,
173:3
map [1] - 218:25
March [21] - 14:25,
15:6, 30:12, 48:4,
75:4, 110:18, 144:7,
144:12, 146:1,
151:14, 153:10,
153:17, 155:10,
174:21, 184:9,
196:22, 211:3,
211:20, 212:6,
228:10
Marcos [1] - 209:17
mark [1] - 61:23

marked [7] - 40:6,
61:5, 155:6, 206:7,
212:2, 234:11, 248:3
marriage [1] - 95:12
married [10] - 27:2,
27:4, 27:6, 31:17,
94:23, 95:5, 95:7,
95:10, 96:25, 171:3
Marriott [2] - 103:8,
227:22
master's [1] - 129:1
matching [1] - 173:14
material [1] - 183:11
materials [1] - 123:12
matter [19] - 46:18,
47:6, 47:24, 75:18,
91:7, 99:19, 110:23,
147:11, 147:19,
148:20, 149:10,
149:20, 166:17,
175:10, 179:23,
187:11, 231:24,
231:25, 236:9
matters [3] - 9:19,
86:17, 105:10
McCormick [1] - 253:1
McDuffee [4] - 17:3,
25:1, 26:13, 73:19
McDuffee's [1] - 10:7
meals [2] - 36:22,
67:17
mean [56] - 9:12, 9:20,
10:7, 20:1, 48:11,
63:1, 63:8, 64:3,
79:5, 79:10, 80:10,
80:19, 90:15, 110:4,
111:1, 129:1,
131:21, 134:3,
142:14, 143:14,
148:25, 149:17,
161:6, 161:20,
162:1, 163:24,
166:4, 173:20,
175:25, 176:1,
176:4, 176:18,
176:24, 179:1,
179:5, 180:16,
182:19, 184:15,
185:10, 185:17,
191:1, 197:13,
200:11, 201:4,
216:16, 217:9,
217:14, 221:12,
221:13, 222:3,
224:19, 225:6,
227:12, 228:1,
228:15, 251:10
meaning [10] - 59:17,
60:22, 84:19,
125:13, 145:22,
151:9, 155:6,
167:21, 193:15,
197:15
means [8] - 9:15,
62:19, 63:3, 105:16,
113:10, 178:22,
187:13, 194:6
meant [6] - 63:22,
64:4, 164:10,
221:23, 250:19,
251:8
measured [1] - 180:23
Med [1] - 96:9
medallion [4] 111:13, 112:7,
112:9, 112:15
Medallions [1] - 6:9
media [2] - 129:15,
129:16
meet [3] - 12:2, 69:21,
160:15
meeting [20] - 12:3,
31:23, 31:24, 32:1,
32:2, 32:5, 38:19,
38:21, 38:25, 40:12,
41:9, 44:4, 44:5,
44:10, 50:19, 68:9,
112:5, 112:8,
112:20, 240:3
meetings [5] - 100:5,
111:8, 112:12,
113:14, 240:2
Mega [1] - 45:12
members [4] - 9:7,
25:24, 89:12, 140:18
memory [2] - 114:14,
144:13
men [1] - 101:5
mentally [4] - 58:17,
77:16, 195:15,
195:16
mentioned [2] 169:12, 222:12
merge [1] - 117:2
message [2] - 151:2,
151:23
met [12] - 14:7, 90:21,
94:22, 95:1, 113:10,
113:14, 114:14,
114:18, 145:3,
145:4, 211:19
Methodist [1] - 139:12
microphone [2] 8:16, 42:22
midday [1] - 253:15
middle [2] - 218:22,
219:20
might [31] - 23:8,
59:12, 68:25, 76:11,

281-723-9090
93:22, 93:23, 98:9,

110:2, 118:19,
124:8, 129:25,
145:15, 159:14,
172:6, 172:13,
172:23, 175:6,
182:19, 200:13,
202:16, 217:10,
217:11, 217:12,
226:16, 229:9,
229:19, 234:2,
238:1, 245:22,
253:14
Mike [4] - 46:13,
147:10, 153:4,
218:15
mile [2] - 21:1, 21:2
miles [3] - 75:11,
103:11, 103:12
Military [1] - 105:2
military [10] - 82:11,
83:6, 90:17, 164:15,
164:17, 165:6,
170:16, 174:5,
187:17, 221:12
Miller [2] - 134:25,
135:17
miller [2] - 135:5,
135:11
Miller's [1] - 135:3
Mills [6] - 56:11, 57:4,
57:9, 163:10,
163:19, 188:22
mind [26] - 46:19,
46:20, 46:21, 47:1,
47:7, 47:16, 48:24,
60:13, 64:3, 87:5,
96:23, 99:20, 148:3,
148:22, 148:24,
148:25, 149:2,
149:7, 149:11,
153:25, 175:12,
197:6, 200:14,
225:1, 225:5, 236:10
Minnesota [1] 169:18
minute [4] - 34:13,
74:19, 160:20,
193:14
minutes [9] - 84:8,
103:10, 132:2,
162:18, 170:1,
193:15, 202:11
misdemeanor [2] 168:8, 176:22
mislead [1] - 133:17
misleading [2] 123:24, 124:11
misled [1] - 143:20
misrepresent [1] -
18
201:4
missing [1] - 154:22
misstatement [2] 238:10, 250:20
misstating [1] 241:20
mistake [9] - 131:2,
131:16, 132:23,
249:24, 250:9,
250:14, 251:11,
251:14, 253:6
mistaken [5] - 250:18,
251:7, 251:10,
251:25, 252:6
mistakes [2] - 154:14,
155:3
mistrial [2] - 9:3, 9:8
misunderstood [2] 181:1, 226:16
misuse [1] - 186:6
Mitch [1] - 218:15
mixed [2] - 158:22,
164:1
mom [3] - 45:6, 45:7,
62:22
moment [8] - 11:11,
18:6, 37:6, 47:9,
60:6, 85:2, 163:16,
187:22
Monday [2] - 151:19,
151:20
monitor [2] - 162:23,
163:3
MONTGOMERY [1] 254:2
mONTGOMERY [1] 1:5
Montgomery [14] 1:23, 11:12, 12:3,
14:3, 14:8, 45:25,
82:25, 96:8, 104:22,
116:10, 135:20,
172:24, 209:24,
209:25
month [5] - 33:12,
33:22, 48:2, 95:8,
105:7
months [8] - 30:21,
31:3, 38:4, 80:2,
81:7, 87:6, 200:10,
202:20
moreover [2] - 55:6,
76:2
morning [5] - 7:5,
28:2, 72:14, 73:17,
247:18
Mortgage [1] - 45:12
most [16] - 14:4,
22:20, 24:21, 32:13,
32:15, 34:24, 52:23,
54:15, 77:17,
129:20, 133:1,
140:22, 141:17,
189:1, 221:7, 221:8
mostly [3] - 45:7, 87:1,
140:16
motels [1] - 179:13
mother [1] - 44:12
Motion [1] - 9:18
motivation [2] - 48:23,
50:3
motive [2] - 48:25,
153:7
move [10] - 17:21,
17:23, 17:25, 42:22,
50:17, 91:23, 95:15,
183:13, 206:5, 244:6
moved [9] - 18:8,
44:20, 95:18,
102:15, 183:24,
242:17, 242:18,
245:20
moves [1] - 173:16
moving [5] - 9:2,
17:16, 17:18, 18:5,
245:23
MR [476] - 7:6, 7:7,
7:14, 7:19, 7:24, 8:4,
8:18, 8:23, 9:2, 9:18,
10:4, 10:6, 10:17,
13:7, 24:15, 24:18,
42:18, 42:19, 42:21,
46:15, 46:17, 46:21,
46:25, 47:4, 47:14,
47:23, 48:4, 48:6,
48:9, 48:14, 48:20,
48:22, 49:6, 49:10,
49:15, 49:20, 49:25,
50:2, 50:4, 50:7,
50:9, 50:17, 51:13,
51:16, 52:6, 52:9,
52:12, 53:15, 53:21,
53:24, 54:5, 54:9,
54:10, 56:12, 56:24,
58:6, 58:9, 58:12,
61:3, 61:5, 61:14,
61:17, 61:20, 61:24,
62:2, 62:7, 62:10,
62:14, 63:17, 70:1,
70:6, 70:8, 71:10,
71:12, 71:13, 71:17,
76:17, 76:18, 84:4,
84:15, 84:17, 89:13,
89:14, 89:17, 92:2,
92:5, 92:9, 92:11,
92:13, 92:16, 92:19,
92:24, 94:6, 94:11,
94:16, 98:14, 98:17,
98:24, 99:1, 99:16,
99:18, 99:21, 99:24,
100:19, 100:21,
103:19, 103:20,
104:1, 104:4, 104:7,
104:9, 104:13,
104:18, 110:11,
110:13, 111:11,
111:12, 112:18,
112:22, 112:25,
113:5, 113:9,
113:20, 113:22,
114:7, 114:8,
114:13, 114:19,
114:22, 115:2,
115:6, 115:8,
115:25, 116:2,
117:8, 117:11,
117:14, 117:15,
119:2, 119:5, 119:6,
119:13, 121:3,
121:5, 122:20,
123:5, 124:16,
124:19, 124:21,
124:24, 125:17,
125:19, 126:12,
126:15, 126:18,
127:5, 127:6, 127:9,
127:18, 128:2,
128:6, 128:10,
130:10, 130:13,
130:18, 130:22,
131:6, 131:9,
131:10, 131:11,
131:13, 131:22,
131:25, 132:9,
132:12, 132:13,
132:15, 132:17,
132:18, 132:19,
132:22, 132:23,
133:4, 133:14,
133:20, 134:17,
134:19, 134:21,
134:23, 135:7,
135:10, 138:18,
138:19, 138:21,
138:24, 139:6,
143:25, 144:17,
144:20, 145:2,
145:18, 145:21,
147:3, 147:7,
147:18, 148:2,
148:9, 148:16,
148:19, 149:4,
149:13, 149:17,
149:19, 149:25,
150:9, 150:11,
150:13, 152:11,
152:19, 152:22,
153:2, 153:6, 153:9,
153:22, 153:24,
154:2, 155:22,
156:3, 156:6,
156:17, 156:21,
157:5, 157:12,
158:13, 159:6,
159:20, 159:23,
161:23, 161:25,
163:7, 163:9, 170:9,
170:11, 170:21,
173:22, 173:24,
174:11, 174:13,
175:9, 175:11,
175:15, 175:19,
176:6, 176:14,
176:21, 176:25,
177:3, 177:6, 177:8,
177:15, 179:4,
179:9, 179:18,
179:20, 180:3,
180:15, 180:18,
180:21, 186:23,
187:4, 188:13,
188:17, 188:18,
188:20, 189:9,
189:13, 189:16,
189:21, 189:24,
190:5, 190:20,
190:23, 190:25,
191:6, 191:9,
191:12, 191:20,
191:23, 192:3,
192:6, 192:11,
192:25, 193:3,
193:10, 193:13,
194:18, 194:22,
194:25, 195:2,
195:3, 195:22,
195:24, 196:3,
197:21, 197:23,
197:24, 198:6,
198:8, 201:15,
201:17, 201:20,
202:5, 202:10,
202:19, 203:4,
203:8, 203:9,
203:19, 203:24,
204:3, 204:6, 204:7,
204:11, 204:19,
204:23, 205:3,
205:5, 205:8,
205:11, 205:15,
205:21, 206:1,
206:3, 206:6,
206:12, 206:15,
207:1, 207:3, 207:5,
207:10, 207:12,
207:17, 207:20,
207:23, 208:1,
208:2, 208:3,
208:13, 208:15,
208:17, 208:23,
209:1, 209:7,
209:11, 209:15,

281-723-9090
210:14, 210:15,
211:24, 212:1,
215:21, 216:1,
216:7, 216:9,
216:11, 216:13,
216:23, 216:25,
218:11, 218:13,
219:4, 219:7, 220:4,
220:7, 223:5, 223:7,
223:16, 223:19,
224:2, 224:3, 224:6,
224:8, 224:10,
224:13, 224:17,
224:23, 225:3,
225:9, 225:11,
225:14, 225:17,
225:21, 225:23,
226:1, 226:5, 226:7,
226:20, 226:22,
226:24, 227:1,
227:17, 227:19,
229:22, 229:25,
230:4, 230:11,
230:13, 232:13,
232:16, 232:20,
232:21, 232:23,
233:1, 233:7,
233:12, 234:10,
234:11, 235:8,
235:10, 235:13,
235:16, 235:21,
236:5, 236:8,
236:13, 236:24,
237:3, 237:5, 237:8,
237:12, 237:15,
238:9, 238:22,
238:23, 239:13,
239:17, 240:20,
240:24, 241:17,
243:17, 243:20,
244:1, 244:6, 244:8,
245:9, 245:11,
247:1, 247:3, 247:6,
247:8, 247:12,
247:24, 248:7,
248:10, 248:13,
248:16, 248:22,
249:6, 249:11,
249:16, 249:25,
250:5, 250:7, 250:9,
250:22, 251:3,
251:12, 251:16,
251:19, 252:13,
252:15, 252:19,
252:22, 252:25,
253:9, 253:16,
253:17
MUD [2] - 214:19,
219:23
multiple [3] - 40:15,
221:12, 249:7
19
murders [1] - 106:1

must [8] - 84:19, 86:4,
86:11, 91:1, 118:3,
141:4, 250:17, 251:6
MY [1] - 254:15
N
nailed [1] - 114:15
name [27] - 8:7, 37:8,
43:4, 44:13, 46:12,
57:5, 72:8, 104:19,
104:21, 109:6,
109:7, 128:11,
128:13, 134:24,
135:3, 138:5, 139:7,
139:9, 220:14,
233:13, 233:15,
234:5, 234:7, 234:8,
234:21, 234:22,
240:10
named [3] - 95:24,
137:16
names [5] - 95:23,
218:21, 220:2,
220:11, 234:13
Nancy [1] - 128:14
nature [5] - 34:8,
134:1, 152:15,
156:6, 156:8
near [4] - 10:10,
40:19, 59:13, 177:17
nearly [2] - 33:12,
33:21
necessarily [5] 135:15, 161:6,
170:13, 178:25,
181:8
necessary [7] - 41:15,
67:12, 68:8, 68:12,
81:17, 99:13, 244:4
need [13] - 121:8,
132:3, 144:24,
168:5, 168:23,
172:16, 187:15,
196:1, 202:6,
213:24, 221:5,
221:6, 221:22
needed [3] - 67:23,
102:1, 221:9
needs [4] - 67:1,
204:15, 251:8, 252:3
neglectful [1] - 44:18
neighbor [4] - 181:5,
217:11, 217:13,
217:15
neighbor's [1] - 181:7
never [29] - 19:16,
21:22, 103:23,
107:12, 107:17,
107:20, 107:22,
120:7, 136:4, 165:8,
165:17, 165:18,
165:21, 166:2,
173:16, 183:5,
184:11, 184:18,
184:21, 185:5,
192:23, 201:9,
227:24, 228:10,
228:14, 231:17,
240:6, 245:25
nevertheless [1] 164:22
new [1] - 10:1
New [1] - 132:17
news [1] - 130:23
newspaper [4] 40:10, 67:16,
132:12, 132:15
newspapers [1] 39:20
next [33] - 7:13, 7:18,
23:19, 24:12, 40:1,
76:17, 91:22, 91:23,
92:15, 98:21, 104:8,
128:1, 138:23,
155:14, 156:7,
157:9, 164:5,
167:21, 168:4,
177:23, 180:1,
188:12, 208:22,
209:6, 232:25,
233:1, 234:20,
237:13, 241:15,
244:23, 248:20,
249:21
nice [1] - 247:19
night [27] - 21:22,
26:9, 26:19, 28:4,
28:5, 28:7, 28:9,
32:19, 33:3, 33:7,
33:10, 34:1, 34:3,
34:10, 40:14, 70:21,
72:15, 89:4, 171:2,
184:11, 185:7,
185:11, 187:5,
244:17, 244:21,
246:19, 246:24
nights [7] - 33:5,
38:23, 40:15,
101:13, 101:15,
101:23
nine [3] - 227:21,
227:24, 228:1
NO [1] - 1:1
nobody [3] - 93:1,
94:1, 134:8
non [2] - 120:25,
166:18
non-court [1] - 166:18
non-public [1] 120:25

none [11] - 29:17,
75:1, 75:3, 75:5,
88:25, 89:1, 89:2,
102:15, 198:13
nonetheless [1] - 79:8
nonexistent [1] 52:22
nonpartisan [1] 186:6
nonresidential [1] 156:16
nonresponsive [5] 173:22, 174:11,
190:20, 207:10,
236:24
nonverbal [1] - 98:10
normal [1] - 243:10
normally [3] - 97:9,
154:24, 220:1
north [2] - 87:9,
105:11
note [1] - 150:9
nothing [5] - 49:13,
49:23, 144:25,
181:23, 205:23
notice [5] - 167:17,
167:20, 167:23,
220:14, 230:21
noticeable [1] - 249:1
noticed [2] - 249:2,
249:4
noticing [1] - 248:23
November [4] - 79:25,
140:5, 141:18
Number [37] - 25:4,
25:20, 29:16, 35:6,
37:7, 39:6, 39:18,
40:19, 61:18, 78:2,
80:5, 110:14, 116:3,
116:19, 117:9,
130:14, 133:8,
145:22, 146:2,
155:23, 159:24,
169:10, 193:14,
212:2, 217:2,
217:23, 219:8,
223:8, 224:4,
234:12, 248:1,
248:2, 248:4
number [12] - 27:12,
29:17, 82:12, 137:2,
140:9, 140:20,
140:21, 141:5,
141:15, 154:15,
160:17, 198:13
numbered [2] - 1:21,
254:7
numerous [4] - 10:9,
119:7, 131:14,
211:15
nurse [1] - 96:4
nursing [2] - 96:6,
200:11
O
o'clock [1] - 247:17
Oaks [1] - 233:16
object [19] - 46:15,
53:15, 54:1, 56:12,
70:1, 112:22, 147:8,
147:13, 152:11,
152:13, 157:5,
173:22, 179:18,
189:16, 205:11,
224:6, 224:17,
235:13, 244:3
Objection [1] - 180:15
objection [73] - 47:3,
47:4, 52:9, 56:22,
58:9, 62:10, 62:11,
99:16, 104:3, 104:4,
114:8, 114:21,
117:11, 121:3,
122:20, 131:12,
131:13, 133:8,
133:19, 134:6,
134:21, 135:7,
144:24, 148:4,
148:16, 150:4,
150:7, 153:3, 153:5,
153:8, 153:22,
156:2, 156:3,
161:23, 174:11,
175:9, 179:4, 189:9,
190:20, 190:25,
192:25, 194:22,
195:22, 197:21,
202:5, 203:22,
206:4, 207:3,
207:10, 207:17,
208:1, 208:3,
208:17, 210:14,
215:21, 216:7,
216:11, 218:11,
223:16, 224:2,
224:10, 225:21,
226:5, 226:20,
230:11, 235:8,
235:10, 236:5,
236:24, 237:6,
238:9, 239:13,
249:24
objectionable [1] 238:21
objections [2] - 248:5,
248:9
obvious [1] - 98:8

281-723-9090
obviously [5] - 34:5,

63:7, 121:7, 133:10,
191:13
occasion [2] - 114:1,
135:3
occasionally [1] 36:23
occasions [4] - 82:12,
107:9, 137:21,
211:15
occupation [4] 104:19, 128:11,
139:7, 139:10
occurred [1] - 254:7
occurring [1] - 48:3
OCTOBER [1] - 1:13
october [3] - 3:1, 4:1,
5:1
October [4] - 1:20,
2:1, 6:1, 140:3
OF [5] - 1:3, 2:5, 2:10,
254:1, 254:2
OFF [1] - 6:2
offense [5] - 23:9,
41:25, 42:3, 113:3,
122:9
offer [2] - 142:21,
181:20
offered [6] - 46:17,
47:23, 48:24, 99:22,
147:18, 147:19
offering [9] - 99:19,
140:17, 148:20,
148:21, 149:5,
153:6, 236:8, 236:9
Office [2] - 105:6,
254:21
office [91] - 16:3, 16:4,
78:17, 81:24, 82:13,
93:17, 97:12, 97:14,
105:20, 105:22,
105:24, 106:9,
106:15, 106:16,
106:17, 107:7,
107:20, 107:21,
109:19, 111:2,
111:18, 111:20,
114:1, 116:9, 120:8,
125:4, 128:20,
128:21, 129:6,
129:10, 129:12,
129:17, 129:19,
129:25, 130:3,
130:5, 130:8, 132:1,
135:6, 135:14,
136:3, 137:20,
140:8, 140:9, 141:9,
141:25, 142:12,
142:20, 143:6,
143:9, 144:10,
20
146:6, 146:12,
146:15, 146:16,
147:6, 147:23,
155:13, 155:16,
155:25, 160:12,
162:6, 172:3, 173:1,
173:2, 173:3, 175:8,
181:3, 185:14,
186:1, 186:6,
193:17, 196:8,
198:2, 205:18,
211:6, 211:15,
213:7, 215:7,
217:20, 222:12,
229:4, 229:8,
240:17, 240:18,
241:1, 241:5, 241:8,
241:18, 242:6
Office....... [1] - 6:9
officeholder [1] 142:25
officeholders [1] 141:11
officer [6] - 11:1, 23:8,
45:9, 105:19,
141:13, 146:6
officer's [1] - 45:14
offices [2] - 115:22,
171:7
official [11] - 57:21,
105:19, 119:24,
138:10, 142:6,
142:24, 143:23,
144:8, 155:18,
168:22, 223:25
OFFICIAL [1] - 254:15
officially [1] - 57:21
officials [9] - 106:5,
120:15, 120:22,
120:25, 121:7,
137:7, 140:18,
141:7, 162:5
often [1] - 160:13
oftentimes [1] - 137:7
oil [1] - 102:22
old [4] - 11:2, 12:22,
95:17, 146:25
older [1] - 200:8
omissions [1] - 155:3
once [13] - 8:10, 9:11,
9:14, 9:20, 20:5,
28:18, 28:20, 35:13,
54:21, 108:18,
152:9, 198:24,
202:18
one [126] - 16:3, 16:18,
16:19, 16:22, 17:5,
21:9, 24:22, 24:24,
25:1, 25:24, 26:9,
27:13, 28:5, 28:21,
28:24, 29:4, 32:19,

33:10, 33:22, 34:9,
39:21, 40:14, 44:17,
47:5, 47:9, 53:17,
56:10, 61:9, 62:20,
66:2, 69:9, 69:12,
69:16, 70:21, 71:6,
72:3, 72:10, 72:20,
73:2, 73:15, 73:19,
74:1, 74:5, 74:12,
76:12, 76:17, 78:9,
82:15, 83:11, 83:13,
83:18, 86:18, 89:4,
89:14, 91:10, 96:12,
103:24, 106:25,
107:12, 111:17,
111:24, 116:21,
125:20, 126:10,
129:19, 133:1,
137:9, 143:10,
150:23, 160:7,
160:21, 160:24,
163:19, 163:20,
165:7, 169:7, 171:1,
172:23, 173:1,
174:2, 174:7, 174:9,
175:6, 178:23,
180:25, 181:17,
183:17, 184:11,
185:7, 185:11,
187:5, 188:15,
189:2, 194:10,
199:8, 203:15,
205:16, 206:12,
212:2, 212:13,
214:20, 215:25,
217:7, 217:11,
217:15, 218:10,
229:15, 229:17,
231:3, 231:10,
241:12, 243:20,
243:21, 243:23,
246:19, 246:24,
250:2, 250:20,
250:24, 251:1
one's [6] - 62:19,
79:17, 178:22,
193:20, 194:7,
201:13
ones [4] - 67:20,
119:2, 119:5, 169:15
online [4] - 131:1,
131:19, 132:13,
132:15
open [5] - 50:7,
150:24, 171:13,
172:17, 200:13
opened [2] - 47:15,
50:8
Opening [1] - 3:8
opening [1] - 92:20

OPENING [1] - 92:23
operates [2] - 49:12,
49:22
operating [1] - 105:19
operations [1] - 106:5
operative [1] - 59:12
opinion [97] - 41:11,
51:21, 52:14, 53:9,
53:11, 53:25, 54:6,
54:15, 55:19, 55:22,
55:24, 56:7, 57:3,
57:21, 57:25, 58:2,
58:13, 58:22, 59:6,
59:7, 59:13, 63:5,
63:9, 65:14, 65:15,
70:9, 70:10, 71:4,
71:6, 74:18, 74:19,
76:19, 76:20, 76:25,
77:7, 78:1, 78:4,
78:6, 78:7, 78:12,
78:20, 78:21, 79:4,
79:9, 81:24, 84:2,
84:18, 84:23, 85:1,
85:2, 85:6, 86:3,
86:13, 87:1, 87:17,
87:24, 89:4, 89:18,
100:14, 107:17,
107:21, 107:22,
107:24, 108:16,
118:23, 119:21,
120:1, 120:4,
120:10, 120:13,
120:18, 126:8,
133:16, 136:1,
136:3, 141:16,
141:17, 141:20,
141:23, 142:4,
144:2, 159:18,
159:25, 162:25,
169:10, 169:23,
170:19, 177:17,
189:7, 198:17,
201:2, 201:24,
204:20, 221:6,
228:14, 238:12,
239:18
Opinion [2] - 119:15,
160:1
Opinion................. [1]
- 6:4
opinions [34] - 51:7,
59:2, 60:14, 60:16,
70:17, 70:20, 70:22,
75:6, 75:19, 97:6,
107:4, 107:10,
107:11, 107:16,
107:18, 118:20,
118:25, 120:6,
121:6, 121:17,
125:25, 126:6,
133:10, 134:3,
136:4, 141:16,
142:7, 142:10,
142:21, 142:22,
143:1, 159:16,
160:7, 240:19
opponent [2] - 160:15,
171:11
opportunity [6] 150:5, 154:18,
168:1, 192:4,
241:13, 243:11
opposed [2] - 68:12,
148:25
opposite [2] - 181:9,
202:15
option [1] - 168:6
options [1] - 19:8
orally [1] - 133:13
oranges [1] - 191:18
order [5] - 63:12, 71:4,
150:24, 150:25,
151:1
ordinary [6] - 119:23,
137:2, 143:13,
197:18, 251:23,
252:4
organize [1] - 243:7
originally [1] - 37:13
otherwise [4] - 63:19,
80:18, 173:15,
249:20
ought [1] - 203:16
outcome [1] - 23:25
outlined [3] - 16:16,
17:4, 17:15
outreach [1] - 128:15
outside [10] - 8:21,
21:1, 47:10, 96:17,
98:5, 104:10, 109:1,
130:20, 175:20,
202:8
overcome [1] - 181:21
overnight [3] - 66:5,
244:13, 253:14
overrule [1] - 56:22
overruled [8] - 54:2,
114:25, 152:14,
152:15, 190:2,
208:5, 235:19,
239:15
oversaw [3] - 129:17,
129:18, 129:19
oversee [1] - 129:15
owed [1] - 142:22
own [11] - 34:15,
34:19, 35:9, 72:3,
83:21, 91:25, 157:6,
208:9, 210:22,

281-723-9090
219:13, 219:23
owned [4] - 34:23,
35:10, 73:24, 96:13
P
p.m [1] - 26:10
P.O [4] - 2:5, 2:10,
29:18, 198:14
pack [1] - 45:17
package [1] - 106:14
packet [1] - 108:23
Page [20] - 26:11,
39:18, 40:6, 40:19,
46:13, 59:13, 81:19,
81:23, 84:1, 84:5,
84:17, 85:2, 85:7,
85:8, 87:21, 147:10,
153:4, 177:17,
218:15
PAGE [3] - 3:2, 4:2,
5:2
page [20] - 27:12,
27:18, 37:7, 39:17,
40:6, 49:20, 49:22,
49:25, 50:5, 50:6,
59:14, 71:6, 85:8,
85:9, 85:12, 85:15,
169:23, 234:12,
234:20
pages [3] - 76:19,
146:7, 212:3
paid [4] - 26:8, 31:13,
222:15, 254:13
paid/will [1] - 254:13
painful [2] - 249:15,
249:17
PANEL [1] - 13:5
paper [1] - 212:3
Paragraph [2] - 63:14,
81:23
paragraph [17] 59:20, 63:17, 80:16,
81:18, 81:23, 82:6,
85:20, 85:21, 89:23,
90:5, 90:6, 163:1,
177:18, 196:11,
219:14, 219:21,
251:3
paragraphs [2] - 78:4,
85:18
paraphrase [1] - 66:25
paraphrased [1] 163:24
pardoned [2] - 77:22,
195:13
parents [7] - 10:22,
14:1, 30:25, 36:20,
36:22, 75:8, 95:1
parents' [4] - 23:6,
21
36:19, 54:20, 164:19

park [4] - 173:2,
173:3, 173:9, 173:10
parking [1] - 15:10
parole [1] - 195:12
part [29] - 12:15, 14:4,
24:21, 54:4, 54:5,
54:6, 60:24, 71:3,
77:8, 77:17, 88:14,
105:23, 129:21,
133:21, 141:6,
142:8, 142:11,
146:10, 146:11,
177:21, 178:19,
186:21, 187:1,
223:24, 243:2,
248:18, 253:3, 253:6
partially [1] - 195:16
participate [4] - 97:3,
97:9, 99:7, 100:5
participated [1] 25:25
particular [15] 141:17, 142:11,
157:24, 158:19,
158:24, 159:5,
160:24, 166:11,
169:4, 170:18,
171:2, 172:2,
178:11, 226:13
particularize [1] - 9:16
particularly [3] - 54:3,
136:15, 164:15
parties [5] - 9:5, 14:9,
134:2, 134:15,
254:11
partly [1] - 164:25
parts [1] - 58:19
Party [3] - 14:16,
14:18, 44:5
party [8] - 12:3, 14:8,
47:19, 97:22,
134:11, 225:7,
225:9, 237:23
pass [23] - 42:18,
47:20, 48:13, 70:6,
89:13, 92:3, 100:19,
103:19, 124:16,
125:17, 127:5,
138:18, 175:14,
180:18, 188:17,
198:6, 201:15,
208:13, 227:17,
232:20, 243:5,
245:9, 247:1
passes [1] - 48:19
passing [1] - 173:20
past [6] - 53:2, 81:19,
102:21, 141:15,
174:9, 230:16
pasted [1] - 252:16

Pastoral [1] - 73:6
patience [1] - 249:18
patterned [2] - 250:21,
250:25
patterns [1] - 136:24
Pawgan [1] - 254:14
pay [5] - 14:5, 26:2,
31:11, 33:1, 34:6
paying [1] - 92:25
peculiar [1] - 197:15
peculiarity [1] 197:11
peers [1] - 13:20
pending [1] - 14:12
people [80] - 15:11,
17:17, 18:19, 24:22,
24:24, 25:1, 32:12,
34:14, 39:10, 44:10,
49:8, 49:16, 68:23,
69:6, 69:14, 93:4,
93:13, 100:9, 108:8,
115:18, 115:21,
118:17, 121:1,
122:4, 122:8,
124:17, 125:21,
126:2, 126:21,
126:25, 137:24,
141:1, 142:13,
143:3, 143:6, 144:6,
158:16, 160:6,
160:11, 160:19,
160:23, 162:21,
164:18, 165:7,
170:12, 171:6,
171:25, 172:9,
172:10, 172:25,
173:14, 179:12,
180:23, 181:22,
182:13, 185:15,
185:25, 192:13,
197:25, 200:18,
200:19, 203:18,
213:18, 214:16,
214:21, 214:23,
214:24, 221:7,
221:8, 221:11,
225:18, 226:19,
229:10, 230:18,
230:25, 231:18,
231:20, 240:1,
240:16
per [3] - 21:6, 21:7,
50:24
percent [3] - 20:18,
111:10, 149:6
percentage [1] - 80:8
perfectly [2] - 55:17,
66:11
perform [1] - 140:10
period [12] - 32:8,

38:1, 81:7, 88:16,
88:21, 111:4,
137:19, 138:16,
195:13, 212:10,
212:18, 216:15
perjury [5] - 168:11,
184:23, 184:24,
184:25, 185:1
permanent [15] - 60:4,
88:1, 164:20, 166:9,
171:19, 178:18,
183:15, 183:16,
186:14, 186:23,
193:16, 193:22,
194:14, 194:17,
196:10
permanently [2] 172:5, 187:16
permitted [1] - 154:7
person [47] - 16:3,
39:13, 55:4, 55:8,
59:23, 60:2, 69:16,
75:25, 81:4, 81:9,
81:10, 84:20, 85:3,
87:13, 112:5,
121:24, 121:25,
143:4, 143:16,
143:19, 145:3,
145:4, 150:23,
154:17, 158:19,
168:3, 168:4, 171:1,
172:13, 174:2,
174:5, 178:17,
181:14, 181:15,
182:14, 182:19,
186:9, 200:1,
204:24, 231:3,
231:20, 241:2,
241:22, 242:3,
251:24, 252:4
person's [11] - 81:4,
81:5, 81:11, 86:13,
166:11, 171:15,
171:19, 180:6,
193:15, 200:14,
243:15
personal [5] - 18:24,
56:16, 70:2, 112:12,
205:12
personally [1] - 18:23
personnel [3] - 82:12,
105:22, 165:6
perspective [1] 197:4
pertinent [3] - 58:19,
60:3, 85:23
Pete [2] - 17:1, 72:20
Peter [1] - 44:14
Pflugerville [1] -
128:15
Phil [11] - 6:5, 6:6,
69:4, 104:10,
104:21, 223:1,
223:14, 225:4,
226:18, 226:21,
227:1
PHIL [3] - 3:12, 5:14,
104:15
philosophy [3] 18:23, 18:25, 224:14
phone [27] - 34:8,
124:12, 129:22,
129:25, 130:1,
137:2, 140:22,
144:7, 145:5, 152:6,
152:8, 157:21,
162:13, 162:16,
174:22, 174:23,
176:7, 178:25,
189:1, 190:6,
201:21, 203:1,
203:5, 203:11,
206:24, 208:7,
212:13
photocopy [1] 112:19
photographs [2] 67:16, 67:19
photos [1] - 100:24
phrase [7] - 65:6,
76:8, 87:3, 90:25,
91:3, 163:13, 163:17
phrased [1] - 253:10
phrases [1] - 178:16
physical [18] - 65:4,
82:15, 83:11, 83:14,
83:19, 158:17,
159:3, 164:1,
165:14, 165:16,
165:24, 166:4,
178:9, 178:22,
180:6, 182:24,
184:19, 184:21
physically [5] 164:21, 165:21,
185:5, 196:24, 197:5
pick [5] - 58:14, 60:18,
64:5, 173:7, 173:11
picked [2] - 101:25,
186:16
picture [9] - 35:18,
35:19, 39:17, 39:20,
39:22, 40:1, 40:17,
40:20, 40:23
pictures [5] - 39:3,
39:6, 39:8, 39:11,
40:11
piece [7] - 39:15,
42:14, 143:8, 161:4,

281-723-9090
161:15, 171:1, 212:3

pieces [2] - 56:2,
161:18
Pines [12] - 29:12,
29:14, 29:20, 29:23,
38:7, 184:7, 184:9,
198:15, 220:21,
222:1, 231:15, 235:1
Pirates [1] - 81:2
place [51] - 54:14,
62:19, 78:9, 81:5,
81:9, 81:11, 88:17,
90:22, 108:3,
158:17, 158:19,
158:21, 158:24,
159:3, 159:5,
160:24, 164:2,
164:13, 164:14,
165:15, 165:17,
165:23, 166:11,
166:20, 169:19,
171:3, 171:12,
173:7, 173:15,
178:22, 184:16,
184:20, 184:22,
186:9, 186:14,
187:14, 187:15,
187:21, 187:23,
193:20, 194:7,
194:15, 194:16,
194:20, 201:13,
240:2
placed [1] - 167:20
places [2] - 87:14,
116:9
placing [1] - 168:2
plan [3] - 9:8, 18:25,
200:23
planet [1] - 173:7
planned [1] - 23:3
planning [5] - 16:16,
125:1, 181:13,
185:6, 228:11
plans [1] - 16:13
play [1] - 202:17
playing [1] - 67:17
point [31] - 12:7,
15:24, 65:3, 93:23,
118:19, 125:20,
133:25, 150:5,
158:5, 165:16,
176:4, 176:14,
177:2, 181:1,
183:14, 191:1,
205:3, 205:5,
212:12, 217:3,
218:10, 220:18,
220:20, 224:21,
227:25, 229:4,
229:17, 242:12,
22
243:16, 247:9, 250:3

pointing [2] - 82:6,
250:13
points [1] - 253:13
poise [1] - 249:18
police [1] - 23:8
policies [2] - 105:21,
130:8
political [9] - 14:9,
52:25, 96:20, 97:1,
97:9, 139:13,
142:25, 150:25,
151:2
politically [5] - 13:13,
13:20, 13:24, 14:23,
96:23
politics [1] - 54:18
Polk [1] - 215:18
polls [2] - 22:21, 22:24
Pond [1] - 73:6
Portion [1] - 6:5
portions [1] - 254:6
posing [1] - 40:24
position [11] - 41:11,
55:7, 76:3, 81:15,
104:23, 144:8,
146:5, 204:15,
209:24, 210:2, 224:1
positive [1] - 110:9
possessions [1] 36:18
possibility [1] - 169:1
possible [5] - 78:18,
111:5, 111:6, 151:4,
182:9
possibly [2] - 44:16
posted [2] - 123:24,
151:1
postmarked [1] 178:13
potential [2] - 9:6,
156:10
potentially [1] 168:16
pouch [1] - 111:12
practical [1] - 238:1
practice [2] - 139:19,
139:20
practiced [1] - 139:21
practicing [2] - 96:5,
96:7
Prairie [9] - 70:13,
74:21, 76:23, 85:7,
85:12, 170:19,
170:23, 174:8,
174:16
precedent [1] - 190:15
precedents [1] - 81:25
preceding [1] - 64:2
precinct [11] - 172:16,
217:12, 236:23,
237:22, 242:10,
242:16, 242:22,
242:25, 243:4,
243:5, 243:8
precincts' [1] - 220:1
predicate [1] - 49:14
prejudicial [1] - 203:3
preliminary [2] 106:13, 108:20
premarked [9] - 51:17,
57:15, 110:14,
116:18, 130:14,
145:22, 151:9,
153:11, 223:8
preparation [1] 254:12
preparations [1] 210:24
prepare [1] - 228:8
preregister [1] - 31:7
presence [16] - 8:21,
47:10, 60:5, 60:11,
65:4, 65:8, 98:5,
130:20, 163:14,
164:7, 164:13,
166:2, 166:8,
175:20, 180:6, 202:8
present [12] - 7:3,
7:15, 24:18, 40:17,
59:23, 67:10, 96:1,
134:13, 164:21,
196:25, 200:5,
200:16
presentation [1] 148:6
presented [1] - 149:9
presenting [1] 252:16
Presiding [1] - 1:22
presumably [1] 180:7
presume [1] - 199:13
presumed [6] - 55:5,
75:8, 76:1, 76:2,
165:3, 171:4
presumption [14] 75:12, 75:23, 76:9,
76:13, 76:14, 86:24,
88:2, 88:4, 162:6,
171:15, 181:18,
181:21, 182:7,
182:11
presumptions [1] 76:6
presumptively [8] 164:22, 164:24,
180:7, 190:13,
192:17, 192:18,
198:19, 198:21
pretty [15] - 19:25,

20:2, 44:19, 93:4,
111:6, 114:2,
144:13, 162:22,
167:5, 169:3, 169:5,
185:8, 190:16, 223:9
previous [3] - 16:7,
54:14, 152:2
previously [2] - 9:4,
13:8
price [1] - 21:10
prices [1] - 21:11
primary [6] - 14:24,
30:12, 30:13, 30:15,
79:7, 96:12
principal [1] - 174:1
principles [1] - 55:13
print [1] - 29:15
printed [2] - 79:13,
181:24
prison [1] - 77:22
private [3] - 122:15,
143:25, 144:1
probate [1] - 195:15
probation [1] - 195:13
probe [1] - 246:10
problem [10] - 49:24,
71:3, 103:14, 125:7,
147:21, 158:25,
174:7, 178:19,
180:25, 231:19
problems [7] - 10:13,
39:1, 41:10, 147:7,
154:16, 160:17,
181:17
procedural [2] 228:16, 230:23
procedure [1] - 106:19
procedures [3] 85:22, 213:4, 214:14
proceed [12] - 7:5,
7:24, 50:16, 94:11,
104:13, 115:6,
128:6, 134:17,
168:20, 170:9,
209:11, 233:7
proceeded [1] - 16:7
proceeding [3] - 10:1,
43:8, 162:4
proceedings [3] 1:20, 254:6, 254:10
Proceedings [2] 1:24, 253:19
process [13] - 23:24,
54:24, 90:13,
107:13, 107:19,
136:4, 141:21,
149:11, 167:23,
217:6, 217:7, 237:8,
245:23
processing [1] 210:19

profess [1] - 165:20
Proffer [1] - 4:6
proffer [4] - 47:12,
131:17, 205:6,
247:24
proffered [1] - 204:1
prohibited [2] - 70:14,
123:1
proof [1] - 251:15
proper [5] - 50:4, 77:1,
78:18, 82:13, 252:25
properly [1] - 199:5
property [13] - 15:21,
20:12, 34:17, 34:21,
35:2, 35:11, 72:3,
72:24, 83:21, 91:8,
91:25, 161:4, 171:14
proportional [1] 174:2
proposal [1] - 253:10
propose [1] - 131:20
proposed [7] - 20:12,
237:2, 249:23,
250:9, 251:12,
253:11, 253:12
prosecute [1] - 106:4
prosecuting [3] 125:20, 126:1,
176:21
prosecution [6] 106:16, 176:18,
182:1, 188:9,
196:14, 253:4
prosecutor [2] 105:11, 168:7
prosecutors [2] 205:24, 206:20
protection [1] 173:20
Protection [1] 173:18
prove [4] - 113:1,
148:5, 251:15,
251:17
provide [2] - 172:11,
238:17
provided [8] - 18:19,
63:20, 80:18,
123:12, 146:23,
150:21, 196:15,
227:3
provides [4] - 119:25,
150:21, 215:6,
238:15
providing [1] - 229:12
proving [1] - 87:8
provision [1] - 174:10
provisional [3] -

281-723-9090
154:11, 158:4,
242:24
provisionally [1] 154:8
provisions [1] - 253:5
prudent [3] - 186:4,
251:23, 252:4
public [23] - 45:25,
105:9, 105:25,
106:2, 106:3, 106:5,
109:5, 119:23,
120:15, 120:22,
120:25, 121:11,
128:15, 140:19,
141:8, 141:11,
143:13, 168:22,
211:17, 211:18,
217:4, 222:12,
222:14
Public [2] - 37:8, 38:2
publication [1] 132:19
published [1] - 250:25
pull [1] - 150:11
pulled [1] - 60:19
punishment [1] 195:12
purpose [13] - 31:23,
88:18, 89:9, 113:16,
114:20, 133:12,
142:6, 144:19,
160:21, 186:10,
187:6, 204:1
purposes [27] - 59:18,
64:12, 64:25, 65:15,
69:15, 81:6, 81:10,
82:13, 88:2, 115:3,
118:6, 135:11,
160:19, 160:22,
161:7, 161:13,
161:15, 164:11,
170:14, 175:24,
180:9, 180:10,
183:2, 195:19,
197:16, 213:14,
243:14
pursued [1] - 139:16
pursuing [1] - 222:21
purview [1] - 158:23
put [20] - 26:4, 26:18,
49:8, 56:8, 71:13,
107:7, 121:10,
121:21, 165:8,
172:16, 184:22,
192:9, 195:19,
196:21, 197:8,
201:10, 219:21,
225:18, 235:16,
248:10
puts [1] - 184:9
23
putting [1] - 183:25
Q
qualifications [1] 90:21
qualified [7] - 58:16,
77:12, 77:14, 77:15,
77:20, 77:24, 167:19
Quanah [7] - 165:18,
165:19, 166:2,
166:6, 187:4, 187:5,
187:9
quarter [1] - 20:18
quasi [1] - 186:2
questioned [2] 156:23, 157:1
questioning [1] 157:6
questionnaire [1] 55:3
questions [42] - 31:22,
43:19, 43:20, 49:13,
50:7, 92:2, 92:9,
98:15, 103:20,
108:4, 110:18,
122:23, 122:24,
126:12, 127:6,
137:3, 137:6,
137:25, 138:12,
138:19, 141:1,
145:14, 157:18,
180:14, 198:2,
203:23, 208:24,
212:13, 212:25,
213:1, 213:22,
228:16, 229:22,
231:8, 232:14,
232:21, 238:19,
241:13, 243:14,
243:18, 244:2, 247:3
quickly [1] - 85:7
quietly [1] - 8:13
quit [1] - 235:11
quite [4] - 67:7, 111:5,
111:6, 202:2
quote [8] - 59:3,
66:25, 79:9, 82:14,
84:18, 85:3, 188:23
quoted [2] - 75:19,
130:23
quotes [2] - 77:3,
131:23
R
races [1] - 150:19
raise [1] - 144:24
raised [4] - 24:1, 24:3,
44:19, 109:22
ran [1] - 97:15

RANDALL [3] - 3:15,
5:6, 128:7
Randall [3] - 128:2,
128:3, 128:13
ranges [1] - 203:14
rate [1] - 20:25
rather [3] - 172:12,
221:19, 222:20
re [1] - 61:23
re-mark [1] - 61:23
reach [2] - 93:14,
121:18
reached [9] - 55:4,
75:25, 250:18,
251:7, 251:10,
251:25, 252:1,
252:6, 252:7
reactions [1] - 249:13
read [49] - 29:15,
51:24, 52:1, 52:14,
53:9, 54:3, 54:6,
55:19, 55:22, 57:2,
57:6, 57:24, 57:25,
58:19, 59:13, 60:8,
60:14, 62:3, 63:1,
64:7, 68:1, 70:18,
78:6, 79:14, 82:9,
86:7, 87:23, 90:11,
107:17, 118:20,
121:18, 126:9,
133:5, 133:21,
156:4, 195:5, 195:8,
198:10, 220:11,
236:15, 241:2,
241:4, 241:19,
241:21, 241:23,
242:3, 242:4, 242:8
reading [10] - 53:13,
53:18, 53:22, 56:15,
58:2, 60:16, 70:20,
91:3, 199:2, 251:22
reads [2] - 62:18,
149:16
ready [10] - 7:5, 7:6,
7:7, 98:24, 127:16,
127:17, 127:18,
205:17, 225:19,
227:14
real [2] - 89:9, 136:2
realize [1] - 242:1
really [22] - 9:15,
46:19, 80:16, 86:18,
103:25, 118:15,
142:17, 149:1,
149:10, 160:24,
181:5, 187:9,
187:10, 187:15,
188:25, 190:18,
192:23, 203:15,
203:16, 231:10,
242:13, 247:9
reason [15] - 19:2,
19:20, 69:12, 79:7,
114:13, 126:20,
151:21, 169:4,
183:20, 186:10,
187:8, 187:12,
194:13, 203:20,
214:4
reasonable [21] 10:12, 70:22, 70:23,
71:1, 88:25, 89:3,
94:1, 250:14,
250:15, 250:16,
250:19, 251:8,
251:11, 251:21,
251:22, 251:23,
252:3, 252:7,
252:11, 253:1, 253:2
reasonableness [1] 86:2
reasonably [3] 252:5, 252:6, 253:2
reasoning [1] - 67:10
reasons [9] - 68:12,
93:10, 129:24,
178:2, 178:5,
221:11, 221:14,
248:10, 249:8
rebut [2] - 76:14,
86:24
rebuttable [1] - 76:8
rebutted [1] - 76:6
recalling [1] - 206:16
receive [2] - 106:11,
232:5
received [8] - 108:13,
117:18, 123:6,
151:16, 153:14,
178:13, 223:24,
230:20
receiving [2] - 155:16,
216:13
recently [3] - 76:10,
141:17, 191:24
recess [3] - 84:11,
127:15, 170:5
recognize [15] - 51:17,
57:16, 59:4, 60:25,
110:14, 111:14,
116:19, 130:16,
145:23, 151:10,
153:12, 155:7,
159:24, 212:3,
223:11
recollection [9] 108:9, 116:15,
124:1, 134:20,
179:20, 212:23,
213:9, 215:23,
224:16
recommend [1] 231:21
recommended [1] 201:9
record [24] - 7:17,
9:17, 10:7, 10:11,
37:13, 47:9, 62:8,
94:18, 113:16,
114:11, 128:12,
139:8, 203:23,
204:12, 205:7,
212:1, 217:18,
233:14, 248:11,
248:17, 248:19,
249:9, 249:20, 250:7
recorded [1] - 201:22
recording [4] 202:19, 204:9,
205:6, 248:3
records [7] - 25:21,
26:9, 32:17, 33:19,
38:10, 93:4, 109:1
Recross [10] - 3:6,
3:14, 3:20, 3:21,
3:24, 5:5, 5:13, 5:16,
5:22, 5:23
RECROSS [4] - 89:16,
126:17, 198:7,
232:15
recross [1] - 192:4
RECROSSEXAMINATION [4] 89:16, 126:17,
198:7, 232:15
red [1] - 40:5
Redirect [12] - 3:6,
3:7, 3:14, 3:19, 3:20,
3:23, 5:4, 5:5, 5:12,
5:15, 5:21, 5:22
REDIRECT [4] - 70:7,
125:18, 188:19,
230:3
reexamined [1] - 71:1
refer [14] - 9:19, 78:19,
106:8, 132:3,
134:10, 136:12,
136:18, 136:21,
137:24, 138:2,
160:7, 198:9,
230:16, 232:18
reference [3] - 88:13,
134:22, 253:1
references [3] - 74:20,
87:2, 224:9
referrals [1] - 78:17
referred [4] - 70:18,
106:10, 119:14,
159:17

281-723-9090
referring [2] - 119:1,

224:10
refers [4] - 81:18,
132:4, 197:14,
231:23
reflect [1] - 254:10
reflection [1] - 171:5
reflects [1] - 180:6
refresh [1] - 134:19
refreshed [1] - 144:13
regard [8] - 74:16,
123:5, 179:16,
182:6, 205:25,
209:24, 215:1,
222:11
regarding [12] - 81:21,
81:23, 88:8, 135:1,
144:20, 153:1,
156:18, 156:22,
171:16, 197:6,
212:24, 224:15
regards [1] - 130:8
register [20] - 11:7,
11:9, 13:1, 18:16,
54:7, 55:15, 82:2,
140:4, 172:11,
173:17, 175:13,
179:13, 179:21,
188:22, 199:14,
213:2, 213:18,
213:20, 221:1,
228:24
registered [50] 12:24, 13:2, 28:18,
28:20, 30:22, 31:6,
32:21, 52:2, 58:18,
63:11, 69:7, 69:17,
69:24, 73:4, 73:19,
93:5, 96:4, 108:15,
109:17, 115:10,
115:14, 115:16,
115:18, 115:21,
117:16, 117:19,
117:21, 118:17,
154:6, 154:23,
154:24, 154:25,
164:16, 164:25,
167:13, 167:15,
167:19, 178:11,
183:8, 214:16,
214:22, 217:8,
217:10, 218:19,
219:22, 219:25,
227:2, 228:2, 228:18
registering [17] 48:23, 70:14, 70:20,
99:4, 100:2, 118:20,
179:14, 180:4,
189:14, 191:25,
212:25, 220:16,
24
222:1, 227:21,
228:4, 228:9, 229:4
registers [1] - 87:25
registrar [23] - 55:2,
55:11, 154:8,
154:20, 154:21,
157:23, 166:19,
166:24, 167:8,
167:13, 167:14,
167:16, 168:19,
172:15, 172:25,
178:9, 178:13,
199:11, 210:1,
210:7, 213:23,
219:9, 245:16
registrar's [1] - 116:4
registrars [2] - 78:22,
169:20
registration [84] 11:18, 13:8, 21:19,
21:21, 28:12, 28:16,
28:24, 30:8, 36:13,
41:6, 41:8, 42:15,
44:3, 53:14, 53:19,
54:24, 55:4, 58:4,
68:1, 68:19, 69:24,
77:2, 78:22, 79:1,
79:12, 90:2, 90:13,
91:4, 93:15, 108:17,
108:24, 109:22,
118:11, 118:14,
140:20, 145:15,
152:17, 152:20,
153:14, 153:21,
154:3, 154:15,
154:16, 155:1,
155:4, 162:9,
164:11, 165:2,
165:9, 165:19,
166:19, 166:25,
167:15, 167:24,
168:9, 172:13,
172:25, 175:17,
177:19, 178:7,
178:11, 181:23,
184:6, 195:1,
196:25, 197:9,
210:17, 210:20,
210:21, 212:5,
213:1, 215:8,
216:19, 219:17,
221:3, 229:3,
229:10, 229:18,
231:1, 234:15,
234:21, 237:17,
242:20
registrations [5] 36:11, 111:1,
210:23, 213:22,
235:1
registry [1] - 55:1

regular [2] - 111:2,
111:6
regularly [2] - 179:13,
251:1
regulatory [2] 142:17, 186:2
rehearsed [3] - 9:22,
9:23, 9:24
reigns [1] - 81:2
reiterated [2] - 58:21,
158:3
rejected [1] - 247:25
related [7] - 14:2,
49:14, 60:19, 73:8,
130:5, 133:16, 162:4
relating [1] - 145:6
relations [1] - 129:16
relationship [3] 12:10, 114:2, 143:2
relatively [1] - 46:2
relayed [1] - 46:23
released [4] - 103:21,
208:25, 209:1, 209:3
relevance [27] - 47:5,
53:16, 112:23,
112:25, 114:8,
131:2, 131:15,
175:9, 189:9,
189:16, 189:18,
190:25, 191:3,
202:5, 215:21,
216:7, 216:11,
224:17, 226:20,
230:11, 235:8,
235:13, 238:10,
248:6, 248:7, 248:8
relevancy [2] - 147:13,
176:1
relevant [21] - 46:22,
47:16, 48:15, 50:1,
50:2, 114:22,
131:15, 131:16,
131:21, 132:23,
132:24, 135:8,
176:9, 189:10,
202:21, 202:24,
202:25, 204:18,
204:21, 208:17,
243:23
reliance [4] - 78:9,
250:15, 251:21,
251:23
relied [6] - 57:11,
65:6, 65:7, 68:15,
251:25, 252:5
rely [15] - 56:3, 79:4,
89:3, 119:24, 120:2,
120:23, 121:1,
121:5, 121:18,
124:18, 137:12,
142:14, 142:25,
159:1
relying [2] - 90:3,
90:10
remember [63] 10:12, 22:14, 25:2,
46:8, 56:14, 56:24,
57:1, 57:5, 59:9,
59:10, 61:1, 66:23,
91:3, 91:5, 108:23,
111:8, 113:9,
123:23, 135:23,
138:5, 140:4,
143:11, 144:16,
158:2, 160:4, 169:3,
173:24, 175:5,
176:8, 182:3, 185:9,
189:1, 205:25,
206:2, 212:9, 213:4,
213:9, 213:15,
213:16, 214:12,
214:18, 214:19,
214:22, 214:23,
215:19, 215:22,
216:17, 217:3,
220:18, 220:22,
220:23, 220:24,
221:2, 222:4, 222:9,
227:25, 229:6,
229:8, 229:15,
230:20, 247:18
reminded [1] - 189:3
remove [1] - 91:24
removed [1] - 193:25
rendering [1] - 238:16
repeat [2] - 69:13,
246:20
rephrase [5] - 26:3,
193:2, 207:19,
226:25, 241:22
report [8] - 241:2,
241:4, 241:23,
242:3, 242:4, 242:8
reported [2] - 1:24,
254:7
reporter [4] - 134:24,
135:4, 135:16,
241:11
Reporter [7] - 115:25,
158:13, 193:11,
211:25, 216:24,
248:17, 254:3
REPORTER [1] 63:16
reporters [4] - 130:2,
130:3, 135:13,
136:17
represent [2] - 113:17,
113:19
representation [4] 19:1, 93:9, 149:2,

246:11
representations [1] 49:4
representative [1] 114:17
representatives [1] 205:24
represented [1] 142:19
representing [1] 108:14
Republican [3] - 97:5,
98:3, 237:23
reputation [1] 205:12
request [4] - 107:9,
211:17, 218:3,
222:14
requested [4] 107:12, 107:21,
107:22, 121:7
requests [2] - 217:4,
222:16
require [4] - 55:2,
55:9, 88:17, 221:5
required [12] - 19:6,
51:6, 54:23, 55:3,
55:15, 58:24, 88:10,
88:21, 90:12,
177:20, 178:2,
219:16
requirement [4] 50:24, 55:17, 58:25,
59:2
requirements [3] 77:15, 125:25,
160:16
research [5] - 64:14,
91:13, 99:24,
154:21, 237:25
researched [1] 237:15
researching [1] 68:20
reserve [1] - 249:9
reside [10] - 89:10,
165:4, 165:5, 172:5,
209:16, 214:24,
229:2, 242:22,
245:20, 245:24
Residence [60] - 18:1,
18:3, 18:9, 18:11,
20:9, 21:2, 21:4,
21:13, 21:22, 22:6,
22:7, 22:12, 23:2,
24:11, 24:20, 25:21,
30:2, 31:4, 32:3,
32:10, 32:12, 32:17,

281-723-9090
35:14, 38:22, 42:16,

62:19, 63:14, 63:17,
65:1, 66:18, 69:11,
69:16, 69:18, 72:10,
72:13, 72:17, 72:22,
72:25, 73:4, 73:13,
73:20, 74:24, 83:15,
93:5, 103:9, 188:23,
189:15, 190:7,
190:24, 192:1,
192:13, 225:19,
226:12, 226:14,
226:19, 227:22,
229:4, 239:2,
244:11, 244:14
residence [171] 18:17, 50:24, 54:14,
55:6, 55:7, 55:10,
58:14, 59:18, 60:4,
60:6, 60:7, 60:22,
61:1, 61:7, 63:11,
63:24, 63:25, 64:5,
64:12, 64:25, 65:15,
69:8, 69:15, 75:16,
75:21, 76:2, 76:4,
76:21, 77:8, 78:2,
79:9, 79:13, 80:16,
81:4, 81:9, 84:19,
85:20, 86:5, 86:12,
86:13, 88:1, 88:11,
88:15, 88:16, 88:17,
89:5, 90:19, 90:23,
91:7, 91:14, 91:16,
93:25, 101:12,
158:8, 158:9,
158:11, 158:16,
158:17, 159:14,
159:19, 160:6,
160:10, 160:12,
160:13, 160:18,
160:21, 160:22,
161:7, 161:11,
161:12, 161:14,
161:17, 161:19,
161:20, 161:21,
162:2, 162:4, 162:7,
163:15, 163:16,
163:21, 164:3,
164:12, 164:16,
164:20, 164:23,
164:24, 165:8,
165:13, 165:20,
165:23, 166:10,
166:17, 167:10,
167:11, 167:22,
168:5, 169:6, 169:8,
170:13, 170:25,
171:4, 171:7,
171:11, 171:12,
171:16, 171:19,
172:1, 172:12,
25
172:14, 172:18,
172:20, 173:13,
174:6, 175:25,
177:20, 178:18,
178:22, 180:5,
180:7, 180:8, 181:4,
181:7, 181:8,
182:20, 182:23,
183:5, 183:15,
183:16, 184:1,
184:8, 184:15,
184:17, 184:22,
185:12, 185:19,
185:21, 186:13,
187:12, 187:22,
192:17, 193:15,
193:23, 194:6,
195:18, 196:10,
196:17, 196:24,
197:12, 197:13,
197:14, 198:10,
198:12, 199:7,
199:9, 199:18,
200:7, 200:16,
213:13, 214:8,
228:19, 232:18,
236:21, 237:18,
238:6, 242:11,
245:20
residences [4] 36:16, 158:6,
209:19, 221:12
residency [47] - 50:25,
51:6, 54:18, 56:7,
58:24, 58:25, 77:2,
77:3, 82:13, 86:10,
125:23, 125:25,
126:20, 126:22,
132:8, 135:11,
135:14, 145:14,
160:9, 160:16,
168:23, 180:22,
180:25, 212:19,
213:24, 213:25,
215:2, 215:5,
215:10, 216:9,
221:5, 221:20,
223:14, 223:21,
224:15, 224:18,
224:25, 228:16,
229:19, 230:9,
230:17, 239:18,
245:13, 245:16,
245:17, 245:18,
246:14
resident [8] - 17:6,
17:12, 32:14, 77:14,
158:24, 183:2, 195:9
residential [2] - 72:7,
171:17
residents [3] - 79:3,

192:18, 221:1
resides [1] - 60:3
resolve [1] - 167:6
respect [3] - 82:1,
191:15, 208:9
respective [1] 254:11
respond [6] - 156:23,
156:25, 167:19,
168:1, 168:2, 213:20
responded [4] 146:24, 150:14,
185:10, 202:10
response [10] - 146:7,
147:15, 148:18,
187:10, 221:25,
224:19, 225:3,
235:15, 249:5, 249:9
responsibility [6] 106:21, 106:24,
141:14, 142:8,
142:21, 159:13
responsible [1] 105:24
rest [4] - 169:19,
198:11, 247:10,
249:9
restated [1] - 242:2
restriction [1] - 194:19
rests [2] - 92:16, 92:17
rests..........................
.................... [1] - 3:8
result [7] - 24:3, 24:7,
32:1, 32:5, 167:16,
168:15, 196:13
retire [1] - 233:22
retired [2] - 209:21,
233:21
retirees [1] - 169:16
Retirement [1] 139:24
retrospect [1] - 202:4
return [15] - 23:2,
23:13, 23:16, 23:17,
23:21, 24:8, 38:22,
62:20, 71:11, 90:24,
158:20, 178:23,
186:15, 187:24,
194:11
returned [6] - 24:10,
35:16, 80:12, 80:13,
80:14, 102:2
returning [3] - 24:20,
54:20, 81:16
returns [3] - 84:12,
127:21, 170:6
review [14] - 52:7,
54:11, 58:7, 61:15,
112:19, 117:9,
119:11, 121:8,
123:11, 147:4,
152:23, 155:23,
224:4, 250:13
reviewed [6] - 86:4,
86:11, 91:1, 108:20,
109:3, 109:14
Revolutionary [1] 19:2
Richard [2] - 17:3,
25:1
ride [1] - 102:1
rights [5] - 51:1, 82:1,
82:3, 173:25, 174:4
ring [1] - 135:3
risk [2] - 186:6, 188:8
Road [4] - 11:14,
108:14, 151:24,
217:22
road [31] - 12:14,
14:11, 15:4, 15:13,
15:14, 17:6, 18:24,
19:3, 19:8, 19:19,
20:7, 20:12, 20:17,
20:19, 20:25, 21:1,
21:3, 46:7, 108:15,
109:2, 152:18,
154:4, 210:25,
218:2, 235:6,
235:22, 235:24,
236:3, 236:14, 244:6
rob [2] - 122:19, 144:2
Robert [2] - 37:9,
44:16
Roberta [4] - 73:8,
234:8, 234:22
role [4] - 157:23,
186:3, 242:10,
242:25
roll [1] - 25:7
rolls [1] - 231:1
room [30] - 21:6, 21:7,
26:2, 26:4, 26:8,
26:12, 26:14, 26:16,
26:17, 26:18, 26:21,
26:22, 26:25, 27:15,
31:11, 31:14, 32:17,
32:21, 32:23, 33:8,
33:14, 33:15, 33:21,
33:22, 34:9, 84:10,
127:14, 170:4,
247:22
roommate's [1] 94:25
rooms [2] - 33:1,
33:20
route [1] - 198:14
routine [1] - 52:19
routinely [1] - 137:24
RUD [48] - 17:12,
17:16, 17:18, 17:19,

18:6, 18:9, 45:21,
45:23, 46:1, 46:10,
48:10, 48:16, 49:11,
49:22, 49:25, 69:25,
89:12, 93:7, 97:20,
99:4, 108:2, 117:21,
147:21, 150:15,
151:6, 153:1,
153:15, 156:11,
190:7, 190:13,
192:17, 192:19,
201:2, 202:23,
208:9, 210:25,
211:6, 217:2, 218:9,
218:10, 218:24,
220:12, 220:17,
223:3, 227:3, 227:4,
227:22
rule [9] - 103:22,
103:23, 104:4,
123:2, 125:23,
134:8, 134:9, 134:15
ruled [1] - 86:9
Rules [1] - 150:2
rules [13] - 56:20,
63:15, 63:18, 80:17,
122:23, 142:23,
148:6, 149:15,
149:16, 150:3,
150:5, 151:5, 243:10
ruling [2] - 50:14,
205:4
rulings [1] - 159:15
run [15] - 16:4, 16:19,
16:22, 16:25, 17:5,
17:6, 17:17, 97:12,
97:14, 140:24,
160:16, 162:22,
174:8, 204:18,
217:22
rung [1] - 189:20
running [3] - 103:1,
105:23, 150:24
runoff [3] - 14:21,
14:24, 218:22
rural [2] - 29:18,
198:14
RV [9] - 83:2, 126:25,
173:2, 173:3, 173:5,
173:9, 173:10,
173:16, 200:17
RVer [2] - 173:4, 174:5
RVers [3] - 169:17,
172:22, 173:6
S
Safety [2] - 37:8, 38:2
sale [2] - 183:23,

281-723-9090
183:24
sales [6] - 20:15,
20:19, 20:22, 20:23,
96:12, 96:14
salutation [1] - 117:3
samples [1] - 203:14
San [2] - 165:25,
209:17
sanctions [1] - 176:2
satisfy [1] - 77:15
Saturday [4] - 22:5,
26:11, 101:13,
151:14
Saturdays [2] 101:24, 101:25
saw [6] - 38:10, 72:14,
100:24, 227:9,
230:21, 240:6
SBN [3] - 2:8, 2:13,
2:17
scales [1] - 78:7
scattered [1] - 119:9
scenario [2] - 99:21,
166:7
scene [1] - 204:18
schedule [1] - 168:21
scheme [2] - 9:8,
239:11
school [4] - 44:22,
44:25, 96:6, 105:7
School [1] - 105:4
schooled [3] - 44:23,
45:4, 93:13
science [1] - 139:13
scope [2] - 185:16,
203:16
Scott [1] - 254:14
screen [4] - 59:14,
63:20, 82:7, 202:17
sealed [1] - 154:19
seat [6] - 7:23, 94:10,
139:2, 150:24,
209:10, 233:5
seated [6] - 7:16, 7:17,
84:14, 127:23,
127:25, 170:8
second [11] - 17:14,
28:9, 28:20, 30:9,
56:14, 83:21,
143:10, 166:1,
174:22, 205:16,
243:20
Secretary [109] - 6:4,
51:8, 51:20, 57:25,
58:22, 59:6, 63:5,
63:9, 70:9, 71:4,
74:19, 75:22, 76:19,
77:6, 77:13, 78:5,
78:6, 78:11, 78:16,
79:4, 79:5, 84:1,
26
84:18, 87:16, 89:3,

89:18, 93:17, 106:9,
106:14, 106:17,
107:11, 107:16,
107:17, 107:21,
107:22, 109:18,
118:22, 119:15,
119:20, 120:5,
120:7, 120:16,
125:24, 126:6,
126:8, 128:20,
128:21, 129:6,
129:10, 129:11,
129:16, 129:19,
129:20, 129:25,
130:3, 130:5, 130:6,
132:1, 135:14,
135:25, 136:2,
137:19, 139:25,
140:8, 140:9, 141:4,
141:13, 141:14,
141:25, 142:8,
142:12, 142:20,
143:3, 143:6, 143:8,
146:6, 146:16,
147:6, 147:23,
155:19, 155:25,
159:16, 159:18,
169:9, 172:2,
177:16, 181:3,
185:13, 186:1,
196:8, 198:2, 199:8,
205:18, 213:3,
213:7, 213:18,
215:6, 215:12,
224:14, 224:25,
230:24, 231:4,
231:22, 232:4,
239:17, 240:17,
242:6, 245:15
section [5] - 59:11,
62:18, 87:24, 138:9,
138:11
Section [4] - 6:5, 61:7,
76:21, 158:12
sections [1] - 136:18
see [34] - 12:4, 25:9,
39:22, 40:5, 57:4,
59:14, 59:18, 61:19,
62:14, 71:3, 72:8,
72:13, 73:17, 76:4,
77:6, 82:6, 85:10,
104:10, 123:13,
140:20, 152:10,
157:8, 159:14,
163:6, 177:21,
181:24, 188:24,
200:8, 203:4, 203:7,
219:2, 222:19, 223:9
seek [1] - 133:21
seem [2] - 41:15,

173:12
selecting [1] - 237:17
selective [3] - 103:14,
125:7, 182:14
self [1] - 70:3
self-serving [1] - 70:3
selling [1] - 21:9
Seminole [1] - 163:10
send [11] - 108:22,
120:16, 167:17,
199:14, 213:17,
213:23, 214:4,
219:13, 227:2,
229:21, 230:18
sending [5] - 117:20,
121:16, 147:24,
155:15, 210:20
sense [9] - 142:12,
158:19, 159:4,
160:17, 172:6,
172:8, 172:20, 173:8
sent [23] - 52:17, 53:5,
109:25, 110:3,
115:15, 115:16,
116:13, 116:20,
117:16, 122:3,
123:18, 126:9,
146:5, 146:8, 149:5,
149:8, 151:12,
151:22, 155:10,
220:11, 227:6, 227:7
sentence [13] - 71:6,
77:22, 81:21, 81:22,
82:9, 86:7, 90:3,
91:3, 91:5, 164:5,
194:9, 251:9, 253:7
sentences [2] - 8:12,
8:14
separate [1] - 161:11
September [1] - 210:4
sequestration [1] 134:9
series [2] - 147:10,
154:13
serious [1] - 113:24
serve [1] - 142:3
serves [2] - 154:25,
159:5
services [2] - 20:2,
140:14
serving [2] - 70:3,
230:5
set [5] - 39:6, 70:10,
90:23, 164:15, 165:8
setting [2] - 76:17,
200:5
settle [1] - 169:7
settled [1] - 35:14
seven [3] - 12:1, 71:6,
82:24
seven-page [1] - 71:6
several [5] - 86:18,
108:14, 115:17,
132:20, 135:13
sexism [1] - 171:5
sexual [1] - 105:9
shakes [1] - 98:8
shall [4] - 63:14,
63:17, 80:16, 228:23
ship [1] - 106:14
shirt [2] - 39:13, 39:24
shoehorn [1] - 173:5
shop [3] - 19:6, 19:8,
19:20
shops [1] - 19:5
short [3] - 134:10,
163:1, 163:9
Shorthand [1] - 254:3
shorthand [1] - 1:24
show [44] - 7:17,
46:25, 47:16, 47:25,
48:22, 48:24, 50:2,
51:16, 57:15, 61:5,
67:16, 86:23, 99:20,
110:13, 111:12,
113:1, 116:2,
116:18, 130:13,
133:4, 145:21,
147:20, 148:2,
148:21, 149:5,
149:10, 151:8,
153:6, 153:10,
155:6, 159:23,
175:11, 175:12,
176:12, 190:19,
193:13, 204:3,
212:1, 223:7, 225:1,
234:11, 236:9,
250:17, 251:6
showed [5] - 38:11,
60:25, 154:17,
158:3, 199:6
showing [17] - 25:3,
32:16, 37:6, 39:5,
46:18, 46:19, 48:2,
69:7, 72:6, 109:1,
133:12, 155:24,
199:7, 212:7, 219:7,
224:23, 251:9
shows [6] - 27:8,
27:12, 27:18, 27:19,
49:4, 77:20
side [1] - 181:6
sidebar [1] - 208:3
sides [1] - 200:5
sign [4] - 25:7, 181:21,
184:22, 200:23
signature [7] - 25:9,
29:5, 219:8, 219:10,
234:17, 234:18,
234:23
signed [7] - 21:21,
29:4, 29:7, 29:9,
29:11, 86:1, 186:16
significance [2] 105:15, 119:20
significant [2] - 38:1,
80:6
significantly [1] 19:24
signing [3] - 195:6,
196:4, 196:12
signs [1] - 184:9
similar [3] - 120:12,
143:4, 153:2
simply [1] - 157:6
sincere [3] - 183:14,
201:11, 201:12
sincerity [1] - 167:1
single [3] - 21:22,
42:13, 161:15
sister [2] - 44:17, 45:3
sisters [1] - 10:22
sit [2] - 70:25, 88:24
sitting [4] - 12:8, 12:9,
237:8, 247:10
situation [4] - 16:15,
41:19, 67:11, 74:20
six [4] - 38:4, 139:23,
200:10, 234:4
Six [12] - 29:12, 29:14,
29:20, 29:23, 38:7,
184:7, 184:9,
198:15, 220:21,
222:1, 231:14, 235:1
Sixteen [1] - 33:5
sleep [1] - 23:5
sleeping [1] - 93:2
slept [1] - 171:2
small [1] - 223:9
smiling [1] - 41:2
Smith [2] - 109:8,
200:10
sneaky [1] - 239:11
snow [2] - 87:7, 87:9
snowbird [3] - 87:3,
87:5, 87:12
snowbirds [7] - 89:2,
90:17, 126:24,
169:16, 169:21,
170:16, 200:17
so-called [1] - 169:16
soldiers [4] - 87:2,
89:1, 126:24, 200:18
solely [1] - 186:9
solicited [1] - 189:24
someone [23] - 13:15,
13:19, 17:5, 23:9,
47:20, 75:10, 86:22,

281-723-9090
87:11, 87:12, 88:10,

133:2, 147:16,
158:24, 171:2,
172:4, 181:4, 182:6,
198:19, 201:9,
213:7, 214:2,
219:22, 241:18
someplace [1] 184:17
sometime [8] - 14:25,
15:6, 23:12, 23:19,
28:23, 67:7, 145:5,
174:25
sometimes [16] 42:24, 101:25,
103:18, 121:14,
125:8, 143:15,
143:19, 160:18,
162:18, 162:22,
165:10, 181:22,
182:13, 204:17,
221:16, 231:23
somewhat [3] - 39:7,
125:15, 221:24
somewhere [17] 8:16, 19:19, 38:12,
48:4, 54:20, 83:21,
172:4, 172:5,
182:10, 182:18,
182:22, 185:5,
198:20, 215:10,
245:21, 246:3, 246:5
son [2] - 95:17, 95:24
soon [1] - 151:4
sorry [8] - 13:18,
44:11, 66:20, 94:17,
97:23, 228:25,
237:5, 242:21
sort [16] - 50:25,
77:16, 94:21,
106:12, 143:24,
152:1, 158:15,
162:3, 163:20,
173:8, 178:8,
181:15, 190:15,
213:10, 215:4, 238:5
sorts [1] - 140:10
SOS [1] - 131:19
sound [7] - 27:9,
37:18, 62:22, 80:6,
103:11, 124:3,
186:17
sounded [1] - 143:23
sounds [7] - 123:22,
123:25, 151:17,
203:12, 253:14,
253:16
source [4] - 251:22,
251:23, 251:25,
252:5
27
Southern [1] - 139:12

Southwest [1] 128:24
speaking [2] - 235:11,
248:13
special [4] - 90:18,
214:18, 214:19,
220:24
specialist [1] - 105:9
specific [22] - 23:20,
24:7, 60:10, 74:14,
75:13, 85:15, 88:9,
126:21, 132:20,
135:2, 135:16,
136:16, 136:22,
136:23, 137:10,
137:25, 138:12,
164:6, 165:11,
174:20
specifically [14] 23:3, 61:1, 76:20,
91:5, 112:3, 116:21,
135:1, 135:15,
158:2, 160:5, 175:5,
181:11, 182:7,
214:23
specifics [2] - 169:4,
189:1
specifies [2] - 141:4,
141:12
speculation [3] - 47:6,
207:3, 208:18
speeches [1] - 129:20
spelled [1] - 139:9
spend [7] - 68:20,
101:13, 101:15,
101:22, 101:23,
140:22, 162:18
spent [2] - 246:18,
246:24
split [6] - 82:14, 83:10,
83:13, 83:16, 83:18,
87:14
splotches [1] - 61:6
spoken [1] - 213:7
spokesman [1] 131:19
spokesperson [2] 130:2, 130:23
spot [3] - 172:15,
173:8, 186:16
spouse [1] - 161:10
spouses [1] - 161:9
spring [1] - 14:19
staff [3] - 140:12,
140:16, 228:2
stamped [1] - 250:6
stand [1] - 47:5
standard [2] - 54:25,
75:8
start [4] - 22:4, 66:17,

108:10, 249:22
started [11] - 19:2,
48:6, 131:6, 131:22,
131:24, 131:25,
132:6, 133:13,
140:3, 217:19,
233:24
starting [2] - 86:8,
128:21
starts [1] - 90:9
STATE [4] - 1:3, 2:2,
3:3, 254:1
state [46] - 9:16,
46:19, 46:21, 46:25,
47:7, 47:16, 48:24,
55:15, 63:19, 80:18,
82:1, 82:5, 92:16,
99:20, 104:19,
106:20, 128:11,
130:4, 137:8, 139:7,
139:22, 140:10,
141:9, 141:14,
142:16, 148:2,
148:21, 148:24,
148:25, 149:2,
149:11, 150:21,
153:25, 174:9,
175:12, 177:20,
197:6, 200:14,
219:15, 219:21,
225:1, 225:5,
233:13, 236:10,
246:14
State [63] - 3:8, 7:2,
7:19, 42:7, 42:10,
45:15, 51:8, 57:25,
58:22, 63:5, 70:9,
71:4, 71:5, 74:19,
75:23, 77:13, 78:6,
78:11, 79:5, 89:3,
89:18, 92:17,
107:11, 107:16,
107:17, 107:22,
119:1, 119:15,
120:5, 120:16,
125:24, 128:25,
139:25, 141:4,
141:13, 141:14,
142:19, 143:3,
147:8, 155:19,
157:5, 159:18,
174:8, 189:25,
199:9, 205:10,
205:25, 206:19,
213:3, 213:18,
215:6, 215:12,
219:16, 224:14,
224:25, 230:24,
231:4, 231:22,
232:4, 245:15, 254:4

State's [80] - 6:4, 7:4,
25:3, 25:20, 28:11,
32:16, 35:6, 35:18,
37:7, 39:5, 51:21,
59:6, 63:9, 72:6,
76:19, 77:7, 78:17,
79:4, 84:2, 84:18,
87:17, 93:17, 106:9,
106:15, 106:17,
107:21, 109:18,
118:23, 119:20,
120:8, 126:6, 126:8,
128:20, 128:21,
129:6, 129:10,
129:12, 129:17,
129:19, 129:25,
130:3, 130:5, 132:1,
135:14, 135:25,
136:3, 137:19,
140:8, 140:9,
141:25, 142:8,
142:12, 142:20,
143:6, 143:8, 146:6,
146:16, 147:6,
147:23, 155:25,
159:16, 169:10,
172:3, 177:17,
181:3, 184:5,
185:14, 186:1,
196:8, 198:2, 198:9,
205:18, 212:2,
213:7, 225:3,
234:12, 239:18,
240:17, 242:6, 248:5
statement [24] - 10:12,
55:5, 55:7, 55:10,
76:1, 88:3, 88:5,
92:21, 161:16,
162:1, 162:7, 165:3,
168:5, 168:9,
171:15, 176:22,
185:4, 189:5,
196:13, 208:3,
214:1, 214:2,
229:14, 239:16
STATEMENT [1] 92:23
statement's [1] 149:24
statements [14] 10:14, 49:9, 76:3,
78:25, 147:9, 150:6,
153:4, 157:7, 165:1,
185:15, 195:5,
195:9, 195:18, 201:1
States [5] - 58:17,
82:11, 83:6, 167:2,
173:19
states [2] - 186:19,
195:2
statewide [2] - 219:16,
219:18
station [1] - 96:13
statute [12] - 77:20,
78:15, 78:16,
106:21, 106:23,
121:21, 121:24,
164:12, 186:21,
186:24, 197:16,
251:1
statutory [5] - 141:6,
142:10, 178:8,
197:10, 197:12
stay [22] - 26:13,
26:22, 26:25, 27:16,
32:9, 33:7, 33:12,
33:25, 34:3, 38:23,
68:4, 68:8, 68:16,
72:15, 89:4, 104:1,
166:11, 188:1,
194:20, 244:11,
244:13, 245:6
stayed [26] - 21:13,
21:22, 26:2, 26:12,
26:17, 26:18, 26:21,
27:12, 27:23, 28:9,
29:12, 30:1, 31:14,
32:6, 32:13, 32:23,
33:9, 33:11, 33:15,
41:23, 66:2, 67:7,
70:21, 166:6, 183:4,
184:11
staying [7] - 66:5,
66:17, 69:10, 94:25,
185:7, 185:8, 185:11
step [2] - 199:8,
241:15
steps [3] - 47:25, 50:3,
147:20
stereotypical [1] 171:25
Steve [3] - 134:25,
135:3, 135:17
Stevens [1] - 1:22
Stevenson [1] - 109:8
stick [1] - 197:12
still [15] - 10:13,
53:24, 71:14, 77:23,
114:8, 114:22,
146:25, 154:18,
164:22, 187:18,
191:25, 194:8,
213:18, 213:20,
251:11
Stonecrest [1] - 74:3
Stony [2] - 74:8
stop [9] - 23:8, 101:8,
118:3, 122:16,
122:18, 122:19,

281-723-9090
148:5, 166:1, 226:3

stopgap [1] - 155:3
story [1] - 204:10
street [5] - 21:3,
29:17, 29:18,
198:12, 217:13
Street [1] - 2:16
stretch [1] - 170:1
strike [1] - 172:6
striking [1] - 88:21
strong [5] - 66:19,
66:21, 66:22,
171:14, 201:1
student [10] - 55:6,
55:8, 63:5, 76:2,
76:4, 82:16, 87:18,
87:25, 174:5
students [38] - 54:12,
54:16, 54:23, 54:25,
55:14, 55:16, 55:18,
63:10, 70:13, 74:20,
74:24, 75:7, 75:13,
76:22, 77:3, 82:1,
82:4, 82:10, 84:24,
85:7, 85:9, 85:10,
85:12, 85:21, 87:1,
87:20, 88:5, 89:1,
89:20, 89:24, 90:12,
90:17, 126:25,
170:19, 170:23,
200:17, 221:12
studied [1] - 51:24
studying [1] - 68:20
stuff [4] - 53:6, 67:17,
183:24, 202:13
styled [1] - 254:6
subdivision [2] 150:25, 151:2
subject [10] - 20:6,
110:23, 119:21,
147:11, 152:21,
175:10, 176:2,
176:18, 181:25,
223:21
submit [1] - 178:2
submitted [2] 165:18, 175:23
subpoenaed [1] 42:12
subsequent [2] 23:25, 64:2
subsequently [1] 19:16
substance [2] 157:20, 212:21
substantially [1] 44:1
substitute [1] - 61:21
successfully [1] 199:6
28
sued [1] - 174:9

suffice [3] - 60:5,
163:14, 206:15
sufficient [1] - 130:24
suggest [1] - 231:23
suggesting [1] 205:24
suggestion [1] 202:16
suit [1] - 12:9
sum [1] - 87:25
summarily [1] 166:19
summarize [2] 131:20, 161:25
summary [3] - 85:18,
85:19, 85:20
summer [2] - 80:13,
169:18
sums [1] - 143:23
Sunday [1] - 26:10
superceded [1] 238:17
supervising [1] 105:24
supervision [1] 195:13
supported [1] - 162:8
supportive [3] 113:25, 208:8,
208:11
supports [1] - 200:6
suppose [1] - 107:15
supposed [11] 113:17, 113:19,
131:21, 162:24,
176:15, 195:5,
197:18, 243:23,
246:16, 251:16
supposedly [1] 131:19
Supreme [4] - 56:4,
88:20, 163:11, 167:3
surface [1] - 76:12
surprise [1] - 112:4
surrounding [4] 59:22, 84:20, 85:3,
200:1
surviving [2] - 161:9,
161:10
suspect [1] - 245:25
suspense [2] 167:20, 168:2
suss [1] - 200:12
sustain [4] - 133:18,
203:21, 225:10,
248:9
sustained [46] - 70:5,
99:17, 99:23, 121:4,
122:21, 133:8,
134:6, 135:9, 148:4,

150:3, 150:4, 153:5,
153:8, 153:23,
154:1, 156:5,
161:24, 173:23,
174:12, 179:19,
180:16, 190:21,
191:1, 193:1,
194:24, 195:23,
206:5, 207:4,
207:11, 207:18,
208:21, 216:8,
216:12, 218:12,
224:7, 224:12,
225:16, 226:6,
226:25, 230:12,
236:7, 236:12,
236:25, 237:6,
238:21
sustaining [1] - 150:8
swag [1] - 102:18
sway [1] - 171:1
swear [3] - 181:19,
182:1, 182:17
swearing [3] - 195:4,
222:5, 229:13
switch [1] - 68:19
swore [1] - 165:1
sworn [17] - 7:22, 8:2,
94:8, 94:14, 104:11,
104:16, 128:4,
128:8, 138:25,
139:4, 162:8, 165:4,
196:16, 209:9,
209:13, 233:4,
233:10
Sybil [3] - 72:8, 234:6,
234:13
symbol [1] - 78:8
sympathetic [4] 206:25, 207:1,
208:8, 208:11
System [1] - 139:24
system [1] - 218:21
T
tabs [1] - 228:1
talks [9] - 85:9, 85:12,
85:20, 85:21, 87:1,
143:4, 177:18
tampering [1] - 124:8
Tape [1] - 6:10
Target [1] - 20:17
Tarrant [4] - 212:24,
216:2, 216:5, 216:10
tax [10] - 15:21, 20:6,
20:11, 20:12, 20:13,
20:15, 20:19, 20:22,
20:23, 21:4
taxation [2] - 19:1,

93:9
taxed [2] - 19:3, 79:6
taxes [2] - 160:21,
161:5
taxpayer [1] - 15:20
tea [1] - 19:22
Tea [3] - 14:16, 14:18,
44:5
Tech [1] - 75:10
technically [1] - 29:20
Tel [3] - 2:6, 2:11, 2:17
telegraphed [1] - 9:5
telephone [2] 132:10, 133:1
temporarily [1] 183:13
temporary [22] 37:24, 38:1, 62:21,
63:4, 63:7, 63:9,
63:13, 81:5, 81:7,
81:10, 88:11, 88:13,
88:17, 158:20,
178:23, 186:19,
186:21, 187:19,
187:20, 194:11,
194:15, 194:16
ten [16] - 16:7, 18:10,
24:12, 25:15, 32:3,
32:12, 34:14, 74:23,
84:8, 88:25, 93:4,
101:21, 155:1,
170:1, 206:17, 210:9
tend [1] - 185:17
tender [8] - 52:6,
112:18, 147:3,
152:23, 155:22,
203:24, 224:3,
248:16
tendered [1] - 62:11
tendering [3] - 58:6,
61:14, 117:8
tends [1] - 181:1
tens [2] - 164:14,
190:15
term [8] - 59:18, 61:1,
125:9, 125:13,
143:12, 195:12,
197:14
terms [6] - 20:5,
78:21, 126:19,
136:17, 136:20,
201:12
territory [3] - 77:14,
246:18, 246:23
test [2] - 47:19, 47:21
tested [2] - 249:18,
251:1
testified [15] - 8:2,
12:13, 51:21, 64:15,
81:14, 94:14,
104:16, 115:4,
128:8, 133:13,
133:24, 133:25,
139:4, 209:13,
233:10
testify [8] - 42:5, 42:7,
42:10, 43:11, 71:20,
93:22, 133:20, 205:9
testifying [3] - 147:17,
193:14, 223:18
testimony [11] - 8:12,
9:12, 10:8, 18:18,
113:13, 134:14,
181:20, 203:16,
243:15, 245:12
Texan [2] - 82:20,
87:13
Texans [2] - 82:10,
87:3
TEXAS [5] - 1:3, 1:5,
2:5, 2:10, 254:1
Texas [62] - 1:23, 2:6,
2:11, 2:16, 7:2,
11:12, 45:12, 45:15,
54:24, 55:2, 55:9,
55:15, 55:18, 56:3,
60:19, 71:5, 75:10,
76:22, 78:15, 81:25,
86:4, 86:9, 87:6,
87:18, 88:1, 90:13,
95:12, 95:13, 95:16,
96:14, 104:22,
105:4, 128:15,
128:24, 128:25,
132:16, 134:24,
135:2, 139:14,
140:17, 141:4,
150:2, 154:13,
163:11, 163:21,
164:14, 164:20,
165:18, 165:19,
166:6, 167:4,
169:17, 174:8,
178:10, 209:17,
209:18, 215:20,
233:16, 246:14,
254:4, 254:19,
254:20
that.. [1] - 16:9
THE [309] - 1:3, 2:2,
2:14, 3:3, 3:9, 6:3,
7:2, 7:8, 7:13, 7:16,
7:21, 7:23, 7:25,
8:20, 9:1, 9:10, 9:20,
10:5, 10:11, 13:4,
13:6, 24:17, 47:3,
47:8, 47:12, 47:17,
48:3, 48:7, 48:11,
48:17, 48:21, 49:2,

281-723-9090
49:7, 49:17, 49:24,

50:11, 50:16, 51:15,
52:10, 53:18, 53:22,
54:2, 56:17, 58:10,
61:19, 61:22, 62:8,
62:11, 63:16, 70:5,
76:16, 84:3, 84:6,
84:14, 84:16, 89:15,
92:10, 92:12, 92:14,
92:17, 92:22, 94:5,
94:7, 94:9, 94:12,
98:4, 98:7, 98:15,
98:19, 98:25, 99:17,
99:23, 103:23,
104:3, 104:6, 104:8,
104:12, 104:14,
112:24, 113:1,
113:8, 113:12,
113:21, 114:10,
114:17, 114:20,
114:25, 115:3,
115:7, 117:12,
118:25, 119:3,
119:8, 121:4,
122:21, 124:17,
124:20, 124:22,
126:14, 126:16,
127:8, 127:10,
127:16, 127:19,
127:23, 128:3,
128:5, 130:12,
130:19, 131:4,
131:8, 131:12,
131:20, 131:24,
132:11, 133:3,
133:7, 133:15,
133:23, 134:8,
134:18, 135:9,
138:20, 138:22,
139:1, 143:10,
143:15, 144:19,
144:22, 145:20,
147:14, 148:1,
148:4, 148:18,
148:23, 149:12,
149:14, 150:1,
150:10, 152:14,
153:5, 153:8,
153:23, 154:1,
156:2, 156:4,
156:19, 157:8,
159:22, 161:24,
169:24, 170:8,
170:10, 170:17,
173:23, 174:12,
175:14, 175:16,
175:22, 176:12,
176:17, 176:23,
177:1, 177:5,
177:10, 177:12,
179:6, 179:19,
29
179:22, 180:1,
180:16, 186:18,
186:22, 186:25,
188:12, 189:12,
189:18, 189:22,
190:2, 190:10,
190:21, 191:1,
191:8, 191:11,
191:15, 191:22,
192:2, 192:4,
192:10, 193:1,
193:9, 193:12,
194:1, 194:3, 194:4,
194:10, 194:12,
194:13, 194:24,
195:23, 196:1,
201:16, 201:18,
202:7, 203:12,
203:21, 204:1,
204:13, 204:20,
204:24, 205:4,
205:6, 205:14,
205:23, 206:2,
206:4, 206:8,
206:11, 206:14,
206:22, 207:4,
207:11, 207:18,
207:21, 208:5,
208:19, 208:25,
209:3, 209:5, 209:6,
209:8, 209:10,
215:22, 216:8,
216:12, 218:12,
219:6, 220:6, 224:7,
224:12, 224:19,
225:6, 225:10,
225:13, 225:16,
225:22, 225:24,
226:6, 226:23,
226:25, 229:24,
230:2, 230:12,
232:22, 232:24,
233:3, 233:5, 233:8,
235:12, 235:15,
235:19, 236:7,
236:12, 236:25,
237:4, 237:6,
237:10, 237:13,
238:12, 239:15,
240:22, 241:10,
243:9, 243:19,
243:25, 244:3,
247:2, 247:5, 247:7,
247:9, 247:13,
247:23, 248:5,
248:8, 248:12,
248:15, 248:18,
249:4, 249:10,
249:14, 249:17,
250:1, 250:6, 250:8,
250:12, 250:23,
251:5, 251:14,
251:17, 251:20,
252:14, 252:18,
252:20, 252:23,
253:7, 253:13,
253:18, 254:1
themselves [1] 134:14
theory [1] - 87:8
they've [1] - 143:17
thinking [5] - 98:9,
125:12, 149:8,
172:21, 227:21
thinks [2] - 167:9,
173:4
third [3] - 68:25,
85:20, 219:14
thorough [1] - 184:5
thoroughly [1] - 57:24
thousand [2] - 75:11,
140:25
thousands [2] 164:14, 190:16
three [21] - 28:16,
32:22, 33:5, 52:15,
53:8, 58:20, 68:23,
71:2, 97:17, 102:21,
132:5, 146:7,
154:20, 195:5,
195:9, 195:18,
196:3, 196:4, 213:9,
234:1
throughout [2] 17:19, 103:5
throw [1] - 208:19
ticket [1] - 97:22
tight [1] - 118:15
timeframe [4] - 23:20,
24:8, 33:13, 212:12
tiny [1] - 80:8
title [1] - 138:10
titled [2] - 140:12,
160:1
TO [1] - 6:1
today [12] - 13:11,
19:24, 64:15, 70:25,
79:17, 88:24, 145:4,
188:13, 202:3,
202:15, 206:20,
247:8
together [4] - 25:15,
106:13, 109:9,
225:18
token [1] - 114:6
toll [1] - 141:5
toll-free [1] - 141:5
Tom [2] - 26:13, 26:16
tomorrow [1] - 253:15
tone [4] - 214:6,
214:7, 214:9
took [15] - 46:20,

47:25, 48:2, 50:3,
90:15, 108:3, 109:3,
123:23, 130:3,
236:11, 240:2,
250:21
top [6] - 30:18, 40:20,
46:3, 46:22, 59:13,
241:15
total [1] - 254:12
totally [3] - 187:11,
195:15, 217:12
touched [1] - 110:10
tough [1] - 186:12
tougher [1] - 75:7
toward [3] - 46:2,
48:19, 207:12
towards [1] - 87:17
town [1] - 209:2
traditionally [1] 169:20
traffic [1] - 23:8
trail [1] - 8:13
training [4] - 143:22,
215:6, 215:9, 215:13
transcript [1] - 53:23
transcription [4] 1:25, 254:5, 254:9,
254:13
transferred [1] - 96:15
transient [1] - 181:15
transients [1] - 179:12
travel [2] - 103:5,
103:7
traveling [3] - 82:10,
82:20, 89:2
travels [1] - 82:25
treated [1] - 142:18
treatment [1] - 90:15
TRIAL [1] - 1:13
trial [20] - 8:24, 9:13,
9:19, 10:1, 42:11,
53:17, 58:8, 98:14,
99:2, 100:25, 134:4,
174:25, 190:9,
190:17, 190:18,
199:23, 204:22,
205:17, 224:5,
248:25
tried [4] - 125:2,
125:4, 192:22,
216:18
triggered [2] - 133:9,
134:1
trips [2] - 103:5, 103:7
trouble [1] - 42:24
truckers [1] - 127:1
true [26] - 28:15,
43:14, 47:2, 47:6,
51:20, 75:6, 79:1,
125:21, 146:2,
149:6, 149:9,
149:22, 162:7,
162:20, 168:11,
168:25, 185:4,
185:18, 189:8,
196:16, 200:2,
200:4, 203:11,
205:13, 225:14,
254:5
trust [1] - 116:7
truth [17] - 46:18,
47:24, 99:19, 99:22,
147:19, 148:20,
149:3, 149:20,
165:1, 171:15,
181:19, 182:17,
184:14, 189:5,
201:4, 229:13, 236:8
truthful [2] - 47:22,
199:14
truthfulness [2] 149:1, 165:3
try [11] - 43:14, 60:17,
106:13, 116:17,
124:15, 161:14,
182:15, 188:7,
218:23, 219:2, 220:3
trying [20] - 47:25,
50:1, 59:11, 66:9,
118:16, 123:23,
131:18, 142:14,
148:5, 149:10,
161:13, 171:20,
176:7, 200:12,
213:12, 222:7,
228:7, 235:16,
243:21, 252:13
Tuesday [1] - 110:18
turn [5] - 31:7, 84:1,
170:24, 171:3,
243:14
turn-of-the-century
[1] - 170:24
turned [4] - 11:6, 11:7,
30:11, 249:6
turns [2] - 143:18,
163:3
twice [4] - 230:18,
250:16, 252:3, 252:8
two [40] - 27:22,
30:21, 31:3, 36:16,
52:15, 53:8, 55:12,
60:6, 63:6, 63:7,
63:11, 64:9, 64:10,
70:17, 80:2, 81:6,
85:18, 86:18, 87:14,
95:22, 102:22,
132:5, 146:17,
163:15, 163:25,

281-723-9090
164:3, 168:3,
171:25, 202:20,
208:16, 209:19,
210:21, 214:21,
218:20, 240:13,
240:14, 243:18
type [8] - 52:20, 96:10,
120:12, 139:19,
181:14, 199:23,
249:1
typed [3] - 29:15,
117:15, 198:15
typically [5] - 106:8,
106:15, 113:23,
136:15, 138:2
typos [1] - 154:14
U
U.S [1] - 195:10
ultimately [1] - 228:3
unclear [1] - 114:14
under [16] - 17:9,
46:18, 47:20, 67:13,
75:22, 77:23, 77:24,
78:16, 86:4, 88:10,
91:14, 122:23,
148:19, 150:7,
172:14, 188:22
underneath [1] 198:15
understood [1] 67:13
unemployed [2] 102:23, 103:3
unemployment [4] 204:10, 205:9,
205:20, 205:22
uniform [1] - 158:15
uniformity [1] - 142:9
unimproved [1] 171:13
United [5] - 58:17,
82:11, 83:6, 167:2,
173:19
university [1] - 74:25
University [8] - 75:11,
76:23, 85:8, 105:4,
128:25, 139:12,
139:14
unlike [2] - 142:16,
186:2
unnecessary [1] 68:11
unring [1] - 176:19
unusual [4] - 52:24,
160:14, 160:23,
171:10
up [66] - 15:24, 22:5,
30:18, 39:10, 39:15,
30
40:3, 40:4, 40:9,

46:6, 47:8, 51:4,
51:5, 56:19, 57:6,
59:4, 60:19, 60:22,
60:24, 61:9, 63:20,
65:11, 67:16, 68:9,
71:11, 71:15, 76:17,
89:14, 91:21, 96:13,
96:14, 101:25,
106:14, 107:3,
114:13, 117:15,
126:9, 133:23,
134:14, 137:4,
143:23, 152:3,
153:13, 154:14,
154:17, 155:3,
158:3, 162:3,
162:19, 165:22,
173:11, 173:12,
173:21, 176:4,
182:15, 182:16,
182:20, 183:21,
184:1, 186:16,
196:1, 196:21,
198:17, 206:13,
206:23, 211:8, 220:2
upcoming [5] - 45:22,
53:2, 108:5, 141:18,
168:21
uses [2] - 88:11,
196:17
Utility [4] - 11:14,
108:14, 151:25,
217:23
utility [23] - 12:14,
14:11, 15:4, 15:13,
15:15, 17:6, 18:24,
19:3, 19:9, 19:19,
20:7, 20:12, 20:17,
20:19, 20:25, 21:1,
21:3, 46:7, 49:11,
108:16, 109:2,
117:21, 210:25
V
vacancy [1] - 16:3
vacation [2] - 83:22,
94:25
vague [4] - 125:25,
126:5, 126:7, 221:24
vagueness [2] 126:19, 178:19
valuable [1] - 36:19
value [2] - 215:11,
246:8
various [1] - 211:16
verbally [1] - 98:21
verbatim [1] - 79:9
verdict [1] - 9:6
verify [3] - 47:21,

60:17, 167:21
versus [5] - 7:3, 52:8,
160:24, 163:10,
163:19
view [2] - 165:16,
200:6
View [9] - 70:13,
74:21, 76:23, 85:7,
85:13, 170:20,
170:23, 174:8,
174:16
violate [1] - 193:4
violation [3] - 108:16,
124:13, 126:2
Virginia [1] - 105:2
visit [1] - 244:14
vocal [1] - 249:12
Voir [4] - 3:18, 4:4,
5:9, 5:20
voir [6] - 144:18,
156:18, 240:21,
243:10, 243:12,
243:13
VOIR [2] - 156:20,
240:23
Volition [1] - 60:1
vote [109] - 11:7, 11:9,
11:12, 11:14, 11:17,
12:19, 12:24, 13:1,
13:2, 18:17, 22:9,
25:15, 30:13, 30:15,
30:21, 30:22, 31:9,
48:8, 48:19, 49:21,
50:23, 53:14, 53:20,
54:17, 54:19, 55:15,
55:16, 55:17, 58:4,
58:25, 60:18, 60:20,
63:6, 63:11, 63:12,
65:15, 68:24, 69:17,
70:14, 70:21, 73:4,
73:17, 75:12, 75:13,
77:8, 82:2, 87:25,
88:22, 89:4, 89:12,
97:5, 100:2, 108:15,
109:17, 112:16,
113:4, 115:10,
117:21, 118:18,
122:1, 122:5,
124:13, 154:6,
154:7, 154:11,
154:17, 154:23,
154:24, 154:25,
164:16, 164:25,
167:21, 172:11,
173:17, 174:2,
175:4, 175:13,
176:11, 176:16,
178:3, 178:11,
179:11, 179:13,
179:14, 183:8,
185:7, 187:9, 188:1,
195:17, 199:14,
203:6, 217:11,
220:17, 225:2,
225:19, 227:21,
228:9, 229:4, 239:2,
239:21, 242:18,
242:20, 242:21,
242:23, 242:24,
246:18, 246:23
voted [26] - 12:13,
12:15, 14:3, 21:16,
22:1, 22:11, 34:14,
44:3, 52:4, 64:18,
66:3, 66:6, 67:13,
72:10, 72:14, 74:23,
93:5, 113:3, 135:6,
176:10, 183:9,
183:11, 190:24,
192:13, 192:24,
244:23
voter [141] - 11:17,
13:8, 21:18, 21:21,
25:7, 28:11, 28:12,
28:16, 28:24, 30:8,
36:11, 36:13, 41:6,
41:8, 42:14, 54:23,
54:24, 55:2, 55:4,
58:16, 58:18, 67:17,
68:1, 68:19, 77:2,
77:15, 77:20, 77:24,
78:22, 79:1, 79:12,
90:13, 90:14, 93:15,
106:6, 106:12,
108:16, 108:24,
115:14, 115:17,
116:4, 116:23,
117:24, 118:10,
118:14, 136:13,
140:19, 141:5,
142:24, 145:14,
152:17, 152:20,
153:14, 153:21,
154:3, 154:8,
154:15, 154:16,
154:20, 154:21,
155:1, 155:4,
157:23, 161:21,
162:7, 162:9, 165:2,
165:19, 166:18,
166:24, 166:25,
167:8, 167:13,
167:14, 167:16,
167:17, 167:19,
167:25, 168:1,
168:2, 168:9,
168:19, 168:24,
169:20, 172:13,
172:15, 172:16,
172:24, 172:25,
175:17, 177:19,
178:6, 178:9,
178:10, 178:13,
181:22, 181:25,
182:4, 183:15,
184:6, 194:25,
196:12, 196:25,
197:18, 199:9,
199:11, 199:13,
201:3, 210:7,
210:19, 210:21,
210:23, 212:5,
212:19, 213:13,
213:23, 215:8,
215:10, 216:14,
216:19, 217:16,
217:17, 218:19,
219:9, 219:16,
219:17, 220:23,
221:4, 221:10,
225:18, 228:16,
229:10, 229:18,
231:1, 234:15,
234:21, 237:17,
242:20, 246:5
voter's [12] - 86:4,
86:11, 86:16, 88:2,
88:4, 91:1, 167:15,
182:8, 202:22,
228:23, 229:2,
232:17
voters [60] - 55:14,
69:7, 69:25, 72:20,
73:2, 73:15, 73:19,
74:1, 74:6, 74:15,
87:18, 90:16, 90:18,
115:14, 115:15,
116:4, 117:16,
121:17, 137:2,
154:5, 154:7,
154:22, 156:10,
156:13, 158:3,
164:15, 169:12,
170:16, 173:25,
180:13, 181:18,
187:17, 190:16,
200:9, 206:17,
207:6, 217:1, 217:4,
217:8, 218:20,
218:23, 218:24,
219:3, 219:22,
219:25, 220:3,
220:8, 220:25,
227:3, 227:21,
227:24, 228:1,
231:14, 232:6,
235:9, 245:16,
245:17, 245:18
votes [2] - 121:24,
168:4
voting [65] - 22:8,

281-723-9090
48:23, 49:23, 50:19,

54:13, 55:6, 59:18,
64:12, 64:25, 65:15,
69:15, 76:2, 82:13,
88:1, 99:4, 106:7,
109:21, 117:22,
118:18, 121:22,
122:4, 133:17,
135:11, 158:6,
160:11, 160:19,
160:22, 161:7,
161:13, 161:14,
164:18, 170:14,
171:7, 173:21,
174:3, 175:8,
175:24, 180:4,
180:9, 180:10,
183:2, 186:10,
187:6, 189:15,
190:7, 192:1,
195:19, 197:16,
206:17, 214:8,
219:24, 220:1,
220:21, 222:2,
226:12, 226:14,
226:18, 226:19,
227:22, 230:9,
230:18, 238:7,
246:15, 246:22
VS [1] - 1:5
W
wait [2] - 49:19,
131:10
wake [1] - 22:5
walk [6] - 103:13,
118:15, 216:17,
229:7
walk-in [2] - 216:17,
229:7
walker [1] - 232:10
Walker [5] - 230:7,
230:9, 230:23,
231:14, 232:18
Waller [3] - 70:14,
85:13, 85:16
wants [2] - 56:19,
172:15
War [1] - 19:2
warehouse [1] 171:14
warn [2] - 98:21,
192:22
warning [2] - 118:1,
181:25
warranted [1] - 106:16
Warranty [3] - 35:1,
35:7, 35:11
watch [1] - 168:4
31
Watchdog [8] 132:16, 134:20,

134:24, 135:2,
135:17, 215:20,
215:25, 216:1
ways [3] - 10:9, 133:1,
149:14
wearing [2] - 12:8,
12:9
weather [1] - 247:19
website [3] - 121:8,
121:10, 129:19
week [7] - 28:5, 64:8,
77:10, 163:7, 183:4,
183:8, 205:18
weeks [3] - 64:9,
64:10, 109:11
weigh [2] - 91:11,
200:8
weighed [1] - 199:7
weighs [1] - 161:18
weight [1] - 182:8
Whatley [1] - 81:25
whatnot [1] - 24:20
whatsoever [1] 131:17
wheelhouse [1] 168:19
White [1] - 2:9
WHITE [111] - 7:6,
92:16, 98:14, 99:16,
99:21, 100:21,
103:19, 104:4,
112:22, 112:25,
114:8, 114:22,
117:11, 121:3,
122:20, 124:19,
124:21, 124:24,
125:17, 126:15,
126:18, 127:5,
127:9, 130:10,
130:18, 132:13,
132:19, 134:21,
135:7, 138:19,
138:21, 144:17,
144:20, 147:7,
148:16, 152:11,
153:2, 153:22,
156:3, 156:17,
156:21, 157:5,
161:23, 173:22,
174:11, 175:9,
179:4, 179:18,
180:15, 180:21,
187:4, 188:13,
188:17, 189:9,
189:16, 190:20,
190:25, 192:3,
192:25, 194:22,
195:22, 197:21,
198:8, 201:15,
202:5, 207:3,
207:10, 207:17,
208:1, 208:3,
208:15, 208:23,
210:14, 215:21,
216:7, 216:11,
218:11, 223:16,
224:2, 224:6,
224:10, 224:17,
225:3, 225:14,
225:21, 226:5,
226:20, 227:19,
229:22, 230:11,
232:16, 232:20,
235:8, 235:10,
235:13, 236:5,
236:24, 237:5,
237:8, 237:12,
238:9, 239:13,
240:20, 240:24,
241:17, 243:17,
243:20, 244:1,
245:11, 247:1, 247:6
white [2] - 205:17,
243:9
White.................. [2] 3:21, 5:23
White........................
[4] - 3:18, 4:4, 5:9,
5:20
White.........................
. [6] - 3:14, 3:20,
3:24, 5:13, 5:16,
5:22
White.........................
... [10] - 3:11, 3:13,
3:19, 3:23, 4:5, 5:10,
5:12, 5:15, 5:18,
5:21
whole [7] - 19:2,
55:19, 55:22, 86:7,
196:14, 203:4,
238:11
wide [1] - 50:7
wide-open [1] - 50:7
wife [12] - 31:19,
94:18, 234:25,
235:17, 236:17,
239:1, 239:4,
239:24, 244:9,
244:11, 246:17,
246:22
wife's [2] - 234:5,
234:17
William [1] - 233:15
Williamson [1] 105:11
willing [1] - 218:19
window [2] - 178:8,
200:13
Winn [6] - 138:2,
138:6, 138:7, 138:9,
140:13
winter [5] - 87:2, 87:6,
87:13, 169:18,
212:17
Wisconsin [1] 169:19
wish [2] - 119:11,
128:2
wishes [1] - 206:23
withdraw [1] - 226:24
WITNESS [8] - 119:3,
143:15, 186:22,
194:3, 194:10,
194:13, 209:5,
254:15
witness [84] - 7:13,
7:18, 7:22, 7:25,
42:18, 46:24, 47:5,
51:13, 52:8, 56:14,
61:3, 61:25, 70:4,
70:6, 89:13, 92:3,
92:12, 92:15, 94:5,
94:8, 100:19,
103:19, 103:21,
104:8, 104:11,
110:11, 111:11,
119:4, 121:4,
122:25, 123:3,
124:16, 125:17,
126:13, 127:5,
127:7, 128:1, 128:4,
130:10, 131:18,
138:18, 138:19,
138:23, 138:25,
144:17, 145:18,
147:12, 147:17,
150:6, 156:17,
159:20, 180:18,
188:17, 198:6,
201:15, 206:2,
208:13, 209:6,
209:9, 219:4, 220:4,
223:5, 224:20,
225:4, 227:17,
229:23, 232:14,
232:20, 233:1,
233:4, 233:6,
234:10, 240:20,
243:11, 243:13,
245:9, 247:1, 247:4,
247:5, 249:14,
249:17
witnesses [5] - 93:24,
134:10, 134:12,
238:17, 247:8
witnesses' [1] 134:13
woman [3] - 8:11,

9:11, 171:3
won [1] - 105:13
Woodlands [15] 11:14, 14:17, 14:19,
19:25, 95:14, 95:15,
108:3, 108:14,
116:11, 151:24,
153:15, 211:1,
217:2, 217:22,
254:20
word [14] - 88:11,
88:13, 116:22,
163:13, 178:24,
186:21, 187:2,
193:16, 194:13,
196:17, 197:8,
229:2, 250:15
wording [1] - 10:14
words [9] - 10:2, 59:1,
66:23, 90:10,
117:24, 148:10,
161:20, 190:23,
231:7
workers [1] - 141:7
works [2] - 163:5,
240:12
Wright [12] - 2:15,
3:18, 4:5, 5:9, 5:20,
10:5, 71:10, 198:17,
244:5, 247:23,
250:12, 253:3
WRIGHT [285] - 7:7,
8:18, 8:23, 9:2, 9:18,
42:19, 42:21, 46:17,
46:25, 47:14, 47:23,
48:6, 48:20, 48:22,
49:6, 49:15, 50:2,
50:7, 50:17, 51:13,
51:16, 52:6, 52:12,
54:5, 54:9, 54:10,
56:24, 58:6, 58:12,
61:3, 61:5, 61:14,
61:24, 62:2, 62:7,
62:14, 63:17, 70:6,
71:12, 89:14, 89:17,
92:2, 92:11, 92:19,
92:24, 94:6, 94:11,
94:16, 98:24, 99:1,
99:18, 99:24,
100:19, 103:20,
104:1, 104:7, 104:9,
104:13, 104:18,
110:11, 110:13,
111:11, 111:12,
112:18, 113:5,
113:9, 113:20,
113:22, 114:7,
114:13, 114:19,
115:2, 115:6, 115:8,

281-723-9090
115:25, 116:2,
117:8, 117:14,
117:15, 119:5,
119:13, 121:5,
123:5, 124:16,
125:19, 126:12,
127:6, 127:18,
128:2, 128:6,
128:10, 130:13,
131:10, 131:22,
131:25, 132:12,
132:15, 132:18,
132:22, 133:4,
133:14, 133:20,
134:17, 134:19,
134:23, 135:10,
138:18, 138:24,
139:6, 143:25,
145:2, 145:18,
145:21, 147:3,
147:18, 148:2,
148:9, 148:19,
149:4, 149:13,
149:17, 149:25,
150:9, 150:11,
150:13, 152:19,
152:22, 153:6,
153:9, 153:24,
154:2, 155:22,
156:6, 157:12,
158:13, 159:6,
159:20, 159:23,
161:25, 163:9,
170:9, 170:11,
170:21, 173:24,
174:13, 175:11,
175:15, 175:19,
176:6, 176:14,
176:21, 176:25,
177:3, 177:8,
177:15, 179:9,
179:20, 180:3,
180:18, 186:23,
188:18, 188:20,
189:13, 189:21,
189:24, 190:5,
190:23, 191:6,
191:9, 191:12,
191:20, 191:23,
192:6, 192:11,
193:3, 193:10,
193:13, 194:18,
194:25, 195:3,
195:24, 196:3,
197:23, 197:24,
198:6, 201:17,
201:20, 202:10,
203:4, 203:9,
203:19, 203:24,
204:3, 204:7,
204:19, 204:23,
32
205:3, 205:5, 205:8,

205:21, 206:1,
206:3, 206:6,
206:12, 206:15,
207:1, 207:5,
207:12, 207:20,
207:23, 208:2,
208:13, 208:17,
209:1, 209:7,
209:11, 209:15,
210:15, 211:24,
212:1, 216:1, 216:9,
216:13, 216:23,
216:25, 218:13,
219:4, 219:7, 220:4,
220:7, 223:5, 223:7,
223:19, 224:3,
224:8, 224:13,
224:23, 225:9,
225:11, 225:17,
225:23, 226:1,
226:7, 226:22,
226:24, 227:1,
227:17, 229:25,
230:4, 230:13,
232:13, 232:21,
232:23, 233:1,
233:7, 233:12,
234:10, 234:11,
235:16, 235:21,
236:8, 236:13,
237:3, 237:15,
238:22, 238:23,
239:17, 244:6,
244:8, 245:9, 247:3,
247:8, 247:12,
247:24, 248:10,
248:13, 248:16,
248:22, 249:16,
250:5, 250:22,
251:3, 251:16,
251:19, 253:16
Wright's [1] - 253:11
Wright................ [2] 3:20, 5:22
Wright.......................
. [6] - 3:14, 3:19,
3:23, 5:12, 5:15,
5:21
Wright.......................
.. [2] - 3:6, 5:5
Wright.......................
... [12] - 3:11, 3:13,
3:16, 3:17, 3:22, 4:4,
5:7, 5:8, 5:11, 5:14,
5:17, 5:19
Wright.......................
.... [2] - 3:5, 5:4
Wright.......................
............. [2] - 3:8, 4:6
write [5] - 107:18,

120:5, 120:17,
150:3, 172:13
writes [1] - 107:16
writing [2] - 107:9,
141:20
written [7] - 52:14,
107:17, 121:6,
132:20, 144:2,
167:14, 241:19
wrongs [1] - 208:16
wrote [4] - 129:20,
132:11, 184:2, 250:2
Y
year [12] - 55:12, 72:7,
74:24, 80:1, 91:22,
91:23, 95:17,
109:13, 140:6,
169:19, 177:23,
200:17
years [54] - 10:24,
11:6, 12:1, 13:15,
13:18, 13:19, 14:9,
16:7, 19:23, 44:20,
44:21, 53:2, 55:12,
58:16, 58:20, 63:6,
63:7, 63:12, 82:24,
93:10, 94:22, 95:3,
95:8, 97:17, 102:21,
105:8, 105:12,
115:17, 135:14,
139:22, 139:23,
139:24, 141:15,
146:17, 150:22,
164:17, 164:22,
167:4, 177:23,
187:18, 196:8,
202:20, 210:9,
210:21, 211:16,
213:10, 233:18,
233:20, 234:1,
234:4, 237:23,
238:24
yes-or-no [2] - 179:24,
206:22
yesterday [1] - 10:8
Yollick [5] - 65:22,
65:23, 66:15, 67:8,
240:8
Yollick's [1] - 67:18
York [1] - 132:17
Yorkie [3] - 100:24,
100:25, 101:1
you-all [18] - 64:14,
66:5, 94:22, 94:23,
95:4, 95:7, 95:15,
95:21, 103:24,
109:14, 118:25,
119:8, 169:25,
175:14, 249:22,
249:24, 251:2,
252:24
young [1] - 13:24
yourself [11] - 8:5,
13:13, 13:20, 14:24,
34:9, 34:12, 39:22,
99:25, 100:12,
187:20, 236:14
Z
zero [1] - 238:7
zoned [2] - 171:13,
171:17
zoom [1] - 41:5

281-723-9090

Heath RUD Trial Transcript Vol 7

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1

THE STATE OF TEXAS

ADRIAN DAVID HEATH

On October 30th, 2013, the following proceedings

came on to be heard in the above-entitled and numbered cause

before the Honorable John Stevens, Judge Presiding, 359th

District Court, held in Conroe, Montgomery County, Texas.

Proceedings reported by machine shorthand and

KAREN D. DESHETLER, CSR

Mr. Jonathan White

FOR THE DEFENDANT:

Mr. Jay M. Wright

KAREN D. DESHETLER, CSR

FOR THE DEFENDANT:

KAREN D. DESHETLER, CSR

Proffer by Mr. Wright..................................... 248

KAREN D. DESHETLER, CSR

KAREN D. DESHETLER, CSR

FOR THE DEFENDANT:

Secretary of State's Opinion..................

KAREN D. DESHETLER, CSR

Call 12-03-2580, the State of Texas

Are we ready to proceed this morning, gentleman?

and forward, isn't it?

(At this time the jury comes into the

Please bring the jury in.

Who's your next witness?

present in the courtroom, Your Honor.

And the record will show that the jury is seated

in the courtroom and you can call your next witness.

The State would call Benjamin

Mr. Allison, come forward, please.

Please have a seat, sir.

May I proceed, Your Honor.

KAREN D. DESHETLER, CSR

Please introduce yourself to the ladies and gentlemen

My name is Benjamin Allison.

And, Ben, where do you live?

Now, Ben, we've done this once before and I

told you this before.

This woman over here has to take your

testimony down and you have a habit of letting your sentences

trail off quietly.

your sentences so we can all hear what you have to say.

So can you please speak through the end of

And there's a microphone somewhere there.

What do you do for a living, Ben?

Your Honor, may we approach the

(Bench conference outside the presence of the

The attorney general just informed

KAREN D. DESHETLER, CSR

I think he's now -- that leaves an inference that

somebody has been previously found guilty of these allegations

involving the same parties, and I think it's now telegraphed to

the jury that there's been a potential guilty verdict on a

Because we have talked about these other members of the

His question was:

Ben, we have done

here has to take your testimony.

He said we've done this once before.

and he didn't particularize it.

the record, that's denied.

I mean, it didn't say that