Ms.

Barnaby,

During March of last year 2016, I emailed your office with an official criminal

complaint. I followed up with your office about the complaint on several occasions

both by email and by phone. You failed to respond in anyway, absolutely no

acknowledgment whatsoever.

Recently I filed an application for Habeas Corpus on behalf of my son Chadrick Pate in

trial court cause no. A-08-5080-4CR and provided a voluminous appendix and exhibits

that support Ground One: Actual Innocence both factual and legal, and Ground Two:

Fraud on the court by the court, Ground Three :Ineffective Assistance of Counsel, &

Ground Four Judgment and Orders in the Trial Court, 13th Court of Appeals and Texas

Court of Criminal Appeals are VOID for lack of jurisdiction. The appendix and

exhibits for the most part are all trial court records from the separate pre trial & trial

court proceedings under my son's cause no, and the separate pre trial & trial court

proceedings from the co defendants proceedings Each of these proceedings that should

be in your possession according to the Aransas County District Clerk's Office(who

forwarded copy to you) will support the Criminal Complaint that I made in March 2016,

and the one that I am making contained in this correspondence today April 1st, 2017.

You have breached your duty according to Texas Code of Criminal Procedures 2.03 2.04

& 2.05.

I am making the complaint that follows in the body of this correspondence in accordance

with Texas Code of Criminal Procedure Article 2.03(a) It shall be the duty of the
attorney representing the State to present by information to the Court having

jurisdiction any officer for neglect or failure enjoined upon such officer when such

neglect or failure can be presented by information whenever it shall come to the

knowledge of said attorney that there has been a neglect or failure of duty upon the part

of said officer and he shall bring to the notice of the grand jury any act of violation of

law or neglect or failure of duty upon the part of any officer when such violation neglect

or failure is not presented by information and whenever the same may come to his

knowledge.

Article 2.04 Shall Draw complaints Upon complaint being made before a district or

county attorney that an offense has been committed in his district or county he shall

reduce the complaint to writing and cause the same to be signed and sworn to by the

complaint and it shall be duly attested to by said attorney.

Article 2.05 When complaint made If the offense be a misdemeanor the attorney shall

forthwith prepare an information based upon such complaint and file the same in the

court having jurisdiction provided that in counties having no county attorney

misdemeanor cases may be tried upon complaint alone without an information provided

however in counties having one or more district courts an information must be filed in

each misdemeanor case. If the offense be a felony, he shall forthwith file the complaint

with a magistrate of the county.

The Texas Statutes that State Public Officials (under color of law) violated as a result of

criminal proceedings that were a gross violation of "due process of law" and arbitrary
power are:

Texas Penal Code 37.10 Tampering with Governmental (court records)

37.02, Perjury, 37.03 Aggravated Perjury , 39.02 Abuse of Official Capacity and 39.03
Official Oppression.

The Federal Statutes that State Public Officials (under color of law) violated as a result

of criminal proceedings that were a gross violation of "due process of law" and arbitrary

power are:

Title 18 U.S.C. Section 242 Deprivation of Rights under color of law &

Title 18 U.S.C. Section 241 Conspiracy Against Rights.

A SUMMARY OF THE FACTS SUPPORTED BY THE TRIAL COURT

RECORDS THAT ARE APPENDED TO APPLICATION FOR HABEAS
CORPUS THAT I FILED PRO SE AS PETITIONER FOR CHADRICK PATE IN
TRIAL COURT CAUSE A-08 -5080-4CR with records of the co defendant

Christopher Hall in Cause no. A-08-5080-2CR and S-08-5080-2 that are appended to

the Application.

The Aransas County Grand Jury returned a "joint" indictment indicting my son with 4

other co defendants of Count One Murder under Texas Penal Code 19.02(b)(1)
intentionally or knowingly causes the death of an individual, & (b)(2) intends to cause
serious bodily injury and commits an act clearly dangerous to human life that causes the
death of an individual;but NOT (b)(3) commits or attempts to commit a felony, other
than manslaughter and in the course of and in furtherance of the commission or attempt,
he commits or attempts to commit an act clearly dangerous to human life that causes the
death of an individual.

When a statute lists more than one method of committing an offense and the indictment

alleges some but not all of the statutorily listed methods,the State is limited to the

methods alleged Fuller v. State 73 S W 3d 250,252 Tex. Crim. App 2002.

Count One contained no other allegation under any other Texas Penal Code including

Texas Penal Code 7.02 (a) criminal responsibility for an offense committed by the

conduct of another (2) acting with intent to promote or assist the commission of the

offense, he solicits encourages, directs, aids or attempts to aid the other person to

commit the offense or, Texas Penal code 71.02 Engaging in Organized Criminal

Activity (a) a person commits and offense if, with the intent to establish maintain, or

participate in a combination, or in the profits of a combination or as a member of a

criminal street gang, he conspires to commit one or more of the following (1)

Murder.....Aggravated Assault....

Count Two of the indictment alleged that my son with the 4 co defendants violated

Texas Penal codes 22.02 Aggravated Assault (a) A person commits an offense if the

person commits assault as defined in 22.01 and the person; (2) uses or exhibits a deadly

weapon during the commission of the assault, and Texas Penal Code 71.02 Engaging in

Organized Criminal Activity (a) a person commits an offense if, with the intent to

establish maintain, or participate in a combination, or in the profits of a combination or

as a member of a criminal street gang, he conspires to commit one or more of the

following (1) Murder.....Aggravated Assault.. Three (3) of the jointly indicted co

defendants plead Guilty to Assault and were offered 5 to 15 years by the State to testify

against my son and the co defendant.

The Jury found my son and the co defendant Guilty of Count One Murder as alleged in
the indictment. They did not find either of them Guilty of Count Two.

My son Chadrick Pate and one co defendant Christopher Hall plead NOT GUILTY to

the offenses alleged in Count One and Count Two of the indictment .

Pursuant to what the indictment alleged under Count One Murder Texas Penal code(b)
(1) & (b)(2) and because of the wording in the indictment that my son acted alone AND
together with the other 4 jointly indicted co defendants, The Jury found my son Guilty
of causing the death of Aaron Watson by intentionally or knowingly causing the death
of Aaron Watson by shooting him with a firearm while he was alone and while he was
with the other jointly indicted co defendants.

The evidence presented at the "joint trial" clearly shows that the person responsible for

causing the death of the victim Aaron Watson by intentionally or knowingly shooting

him with a firearm is the co defendant Christopher Hall, (although that evidence is

based on the testimony of the 3 accomplices who testified against him) and that his

accomplices the 3 jointly indicted co defendants who pleaded guilty to Assault and took

deals of 5 to 15 years to testify against my son and the co defendant who were all

assaulting the victim when Christopher Hall (allegedly) shot Aaron Watson with a

firearm.

The State offered NO EVIDENCE that Chadrick Pate caused Aaron Watson's death

by intentionally or knowingly shooting him with a firearm either while alone or with

anyone.

There was no evidence or testimony that Chadrick was at the scene of the crime when

the jointly indicted accomplices assaulted the victim and when the co defendant

Christopher Hall allegedly shot him with a firearm.

The State falsely accused Chadrick of the crime of Murder and Aggravated Assault

when they knew that there was no evidence that he intentionally or knowingly caused

the death of Aaron Watson by shooting him with a firearm or that he assaulted Aaron

Watson while using or exhibiting a firearm or that he was a part of a Criminal Street

Gang.

Because the State knew that there was NO Evidence that Chadrick was Guilty of either

of the Offenses alleged in the indictment, they intentionally and knowingly with other

officers of the court schemed, connived, concealed facts, court pleadings, court orders,

manipulated, deceived and committed fraud on the judiciary, jury, and Chadrick Pate in

order to keep him jointly tried with at least one co defendant and to illegally convict him

for offenses that they knew there was no evidence to convict him.

The joint indictment was a fraud, falsely alleging offenses against Chadrick. The trial

court proceedings were a fraud, fraudulently trying Chadrick in a Criminal court of law

in a joint trial for offenses for which there was no evidence to even bring an indictment

in the first place.

Chadrick asked his Defense Attorney John Gilmore to represent him because he trusted

him to obtain his freedom and to obtain an Acquittal for the offense alleged in the

indictment. Chadrick asked his defense attorney to file a Motion for Severance from

the co defendants and although he did file the Motion for Severance he never meant to

obtain the Severance, but rather the evidence revealed in the pre trial and trial court
proceedings of Chadrick and Christopher Hall reveal his participation that he connived

and schemed with the State, Judge Janna Whatley, Judge Michael Wellborn, Marcellino

Rodriguez, Retha Cable the co defendant's defense attorney Stan Turpin, The Aransas

County District Clerk and her Staff and possibly Patrick Flannigan to keep Chadrick

joined for trial with the co defendant in order to bring all of the evidence against the co

defendant to trial and to confuse the jury as to Chadrick having some part to do with

the murder, and or assault of Aaron Watson , all in order to obtain an illegal Conviction

against Chadrick from a panel of jurors, most likely because he had refused a plea deal

offering him 35 years to plead Guilty.

How did those Officer's of the Court accomplish keeping Chadrick in a joint trial with

the co defendant and then obtain an illegal Conviction? By intentionally and knowingly

violating all of the criminal statutes mentioned above under Texas Penal codes 37.10,

37.02, 37.03, 39.02, & 39.03 and intentionally and knowingly committing Fraud on the

court ,and by intentionally and knowingly violating his U. S. Constitutional Due

Process of Law.

This is how: First you must as would any reasonable person wonder how a Grand Jury

could return a joint indictment in which Chadrick is included when there was no

evidence to indictment him for either of the offenses alleged. We do not know that at

this point because so far the trial court nor the Court of Criminal Appeals has granted an

evidentiary hearing providing for additional discovery.

Although Chadrick and the co defendant Christopher Hall were indicted jointly, the
Court held separate pre trial hearings. (This is supported by the trial court records

included in the appendix of the Writ Application) Because the proceedings were held

separately, and because Chadrick's due process rights to Notice and Opportunity to be

heard at every critical stage of the trial, were violated he was not aware of the Pleadings,

Hearings, Court Orders in the co defendant's pre trial proceedings that had been

concealed from him.. In other words the officer's of the court concealed the hearings,

pleadings, and court orders from Chadrick, and his defense attorney lied to him and

along with the other officers concealed the proceedings from him. When any person is

joined for trial as a "party" to the lawsuit he has the right to receive written notice that

his is being sued (or that a hearing will be held that might affect him in some way;

Lectric Law Library "Parties and Service of Case Documents". also TCCP 28.01 and

TCCP 1.05.

Chadrick was not allowed to appear and be heard at his own pre trial hearings. In other

words he was not given notice of the hearings or court orders resulting from his own

hearings, they were concealed from him.

The due process violations occurred early in the pre trial hearings and through out the

entire trial, but for the sake of brevity here for the purpose of the Criminal Complaint ,

I refer you to the crux of the violations occurring when Chadrick's Court ordered Jury

Trial Date of 11/03/08 ordered by Judge Michael Wellborn at a hearing on 9/25/08 was

ignored by all officer's of the court. There was No Motion filed for a Continuance, No

Order Granting any Continuance and No hearing held on any Motion for a Continuance
according to the trial court record itself.

Chadrick found out after his trial, after his appeal and after his initial State Application

for Habeas Corpus that in a pre trial for the co defendant and concealed from applicant,

that Judge Joel Johnson had ordered the trial of the co defendant Christopher Hall

severed from Chadrick's trial date of 11/03/08 Reporter's Record Christopher Hall Vol 4

of 11. Chadrick's Defense Attorney John Gilmore did not tell Chadrick about the

severance, The Trial Court did not notify Chadrick about the Severance, The Trial Court

Judge ignored the Order, and the State stayed silent as to the Severance and the District

Clerk's Office did not enter the Oral Severance Order anywhere onto the record. John

Gilmore, the defense attorney lied to Chadrick and to me and told us both that the Court

would not grant the Severance due to the cost . He also lied to the voire dire jury

veniremen and later to the jury that he did not want to be in a joint trial with the co

defendant but that he was forced to be in the joint trial. He did not elaborate on who or

what forced the joint trial.

The co defendant's attorney Stan Turpin concealed his knowledge that his client's trial

had been severed from Chadrick's . Not one officer of the Court acknowledged that

Judge Joel Johsnon had Severed the Trials.

On 10/30/08 the District Clerk's staff made a false entry onto the Court Docket Sheet

showing that Chadrick had filed a motion for Continuance and made false entry of

resetting his trial date from 11/03/08 to the same trial date that Judge Johnson had reset

the co defendant when he severed the trials 1/5/08. As stated before, there was no
Motion for a Continuance, No Order for a Continuance and no hearing on any Motion

for a Continuance. This event took place only 3 days from the court ordered jury trial

date of 11/3/08 which even if there had been a Motion for Continuance filed, without a

good cause to continue the trial only 3 days before it was to start would have been a

violation of Continuance procedures TCCP 28.01. When a officer of the court makes a

false entry onto the criminal court record they have committed an offense pursuant to

Texas Penal Code 37.10 Tampering with a Court Record, and the silence and

concealment of such falsehood is fraud on the court by the officer's of the court.

On 11/25/08 in a pre trial hearing for the co defendant Reporter's Record Vol 5 of 11

Judge Michael Wellborn presiding, the same officer's of the court The State Prosecutor

and Stan Turpin the co defendant's defense attorney who were at the 10/23/08 hearing

where Judge Johnson severed the trials, held an ex parte communication in which they

discussed Chadrick's Motion for Severance, stating that Chadrick did not have a Motion

for Severance in his file and failing to tell Judge Wellborn that Judge Johnson had

severed the trials , then told Judge Wellborn that Chadrick's trial date was the same date

of the co defendant's 1/5/08, to which Judge Wellborn replied that it (no quote) is hard

to have a joint trial if the trials are not on the same date" Judge Wellborn should have

consulted Chadrick's file but apparently he did not.

On 12/19/08 the co defendant filed yet another Motion for Continuance and Judge

Wellborn signed an order Granting the Motion on 12/22/08. The Motion for

Continuance gave Notice only to the State, not to Chadrick or his attorney. The District
Clerk's office who is under the direction of the trial court Judge then made another false

entry on the court docket sheet showing entry resetting Chadrick's trial date once again

with the co defendant's new trial date of 2/09/09. There was no hearing on the co

defendant's Motion to Continue showing good cause to grant the Motion. It should be

noted here that a Clerk does not have the authority to Grant a Continuance or to enter

reset trial notes on a defendant's trial date without a Written Order to do so.

On 2/5/09 there was a pre trial hearing for the co defendant where the State announced

Ready on the co defendant and the Co defendant announced Ready as well. Chadrick's

Defense Attorney was present although Chadrick was not. He did not announce Ready

and the State did not announce Ready on Chadrick Pate. On 2/5/09 the District Clerk's

staff who is under the trial court judge's supervision made another false entry on the

court docket sheet showing that Chadrick had announced Ready for trial.

The 2/5/09 pre trial hearing Reporter's Record 5A of 11 was concealed from the Appeals

Courts, as the trial court Judge did not include it in the certified proceedings to the 13th

Court of Appeals and in fact gave the proceeding a completely different Cause No. of S-

08-5080-2 and gave the Reporter's Record an out of sequence Volume No. of 5A of 11.

On 2/9/09 the trial court who had lost the jurisdiction to do so brought Chadrick to a

joint jury trial with the co defendant( it should be noted here that a Judge loses

jurisdiction to proceed to trial when he has violated statutory criminal procedures) with

no objection from one single officer of the court, and by their silence committed fraud
on the court, the jury and applicant. The trial court intentionally and knowingly brought

Chadrick to a joint trial with the co defendant with full knowledge that the officer's of

the court were committing fraud on the court, had violated Texas Penal Codes 37.10,

37.02, 37.03, 39.02 & 39.03 and violated Chadrick's U. S. Constitutional Due process of

law, and knew or should have known that officer's of the court had violated Federal

Statutes Title 18 USC 241 Conspiracy Against Rights and Title 18 USC 242

Deprivation of Rights under Color of Law.

On the trial date 2/9/09 the court brought Chadrick to trial in Leg Restraints, with No

Motion for the Restraints, No Order for the Restraints and No Hearing showing good

cause to have him in leg restraints.

The State at trial presented to the jury with No objection the False Narrative that

Chadrick was responsible for Aaron Watson's death by intentionally causing his death

by with intent he promoted or assisted in the murder by soliciting encouraging

directing, aiding or attempting to aid others in committing the offense of murder. The

accomplice witness who committed the murder with the co defendant testified that

Chadrick had an agreement with them to "go run a guy off" and that he planned how

they would run the guy off together, and that he rode with them to the victim's home

and gave them directions how to get to the house, and then left before they entered the

home and assaulted and murdered the victim. There was no evidence or testimony that

corroborated that Chadrick did anything that the accomplices testified to. Even so,

Chadrick was not indicted for causing the victim's death by with intent he promoted or
assisted the others in the murder by encouraging directing soliciting aiding or

attempting to aid the others. He was indicted for intentionally or knowingly causing the

death of Aaron Watson by shooting him with a firearm while he was alone and while he

was with the other 4 jointly indicted co defendants.

The trial court Judge in order to support the false narrative by the State prepared and

charged the jury in the Court's Charge in an abstract paragraph of the charge (not the

application paragraph) that the jury could find applicant guilty if Chadrick acted with

intent to promote or assist the murder by soliciting, encouraging, directing aiding or

attempting to aid the others.

The State did not object to the Indictment, and the Ineffective Defense attorney did not

object to the Court's Charge. The State must prove the elements of the offense alleged in

the indictment beyond a reasonable doubt. The only elements alleged in the indictment

mens rea (intentionally or knowingly)

actus rea ( causing the death by shooting the victim with a firearm)

The trial court record affirmatively reveals that the State proved not one single element

of the offense of Murder as alleged in the indictment or of Aggravated Assault or

Criminal Street Gang Status. The Jury because they were confused by all of the

evidence against the co defendant, and the false testimony of the accomplices, and the

false narrative and fraudulent Court's Charge returned an illegal conviction and sentence

against Chadrick.
After the jury found Chadrick Guilty of the Offense of Murder as alleged in the

Indictment, the District Clerk's office under the supervision of the trial court judge, and

in an effort to continue to conceal the wrong doing by officer's of the court, then

certified a Fraudulent Record of Proceedings to the 13th Court of Appeals who affirmed

the Conviction in a joint memorandum based upon the Fraudulent Record of

proceedings in both Chadrick's proceedings and in the co defendant's proceedings.

This complaint is not about the illegal Conviction or Illegal Sentence against Chadrick,

that Part is addressed in the Application for Habeas Corpus.

This complaint is about the criminal offenses committed in the criminal proceedings by

Officer's of the Court under color of law who violated the various Texas Penal Codes ,

Texas Code of Criminal Procedures and Federal Violations of Chadrick's Civil Rights

pursuant to Titles 18 USC 241 & 242.

Ms. Barnaby is it not your responsibility based upon the Criminal Complaint that I made
in March of last year and now here and supported by the Trial Courts own record of
proceedings to follow Texas Code of Criminal Procedures 2.03, 2.04 & 2.05 and if not
then by the oath that I hope and assume that you took, or by your own conscious?

As a prosecutor yourself does it not give you grave concerns that the pre trial and trial
court proceedings held in Chadrick's Cause No. A-08-5080-4CR provide probable cause
to believe that offenses against the laws of Texas and the United States were committed
during those judicial proceedings?

I am waiting for your reply, and am ready to attest to and sign any necessary documents
to expedite the processes laid out under the Texas Code of Criminal Procedures pursuant
to articles 2.03, 2.04 & 2.05, or by utilizing Chapter 52 of the Texas Code of Criminal
Procedure .

I have made this Criminal Complaint not simply as an advocate & the Mother of an
 Innocent man (Chadrick Blake Pate) who has suffered a grave miscarriage of justice
but as a Grandmother to his 2 teenage son's,(Blake and Gabriel) who have also suffered
a grave miscarriage of justice, as a citizen of this state and on behalf of other citizens
who have an interest in the outcome of a Judicial Process of this State more specifically
the citizens of Aransas County and the fair adversarial legal process used to obtain
Criminal Conviction for any offense in Aransas County and the State of Texas. After all
if the judicial process used in the 36th District Court in Aransas County failed my son,
that same judicial process may have failed others already and may fail the families of
others in Aransas County and in the State of Texas in future proceedings.

My son has no confidence in the judicial system. You see he has served more than 8
years of an illegal 99 year or life sentence. Can you or I or anyone blame him?

Nema Lee Bardin- Didway

1801 Westlake Dr.
#112
Austin, Texas 78746
512-487-0197
bardinnema@yahoo.com