On September 07, 2005 a
Exhibit,Appendix
was filed
involving a dispute between
Perry, Troy,
and
Alief Independent School District,
Bonaparte, Henry,
Turner, Dan,
for DAMAGES (OTH)
in the District Court of Harris County.
Preview
Prov
doo D287 4-U-OT
RECORDER'S MEMORANDUM
a.
Loo eR eed
JAMES L. REED,JR.
ATTORNEYS
raw
_ 713.986.7105
jreed@tmlaw.com
A Professional Corporation
1300 Post Oak Boulevard, Suite 2000
Houston, Texas 77056
V713.986.7000
February 21, 2007 F 713.986.7100
www.Inmlaw.com
J. Erik Nichols Telefax No.: (713) 552-1697
Kristen Zingaro Foster and CERTIFIED MAIL, R:2.R.
[
Henslee, Fowler, Hepworth & Schwartz, LLP .
3200 Southwest Freeway, Suite 1200
Houston, Texas 77027
Larry P. McDougal Telefax No. (281) 238-8514
Law Offices of Larry P. McDougal and CERTIFIED MAIL, R.R.R.
1000 Austin Street, Suite A
Richmond, Texas 77469
Re: No. 2006-02596; Troy Perry v. Alief Independent School District, Dan Turner, and
Henry Bonaparte; In the 215" District Court of Harris County, Texas
Dear Eric, Kristen, and Larry:
I was surprised to lean that Dan Turner and Henry Bonaparte did not assert their
Constitutional rights to remain silent during Turner’s recent criminal trial. As you all know, Turner
and Bonaparte (who was granted immunity in the criminal trial) invoked their Constitutional rights
to remain silent at their depositions on Monday, January 22, 2007 in the civil case. I also find it
interesting that Judge Fields commented on the record in the criminal trial that he believed every
witnéss paraded before him was lying and that in all his years on the bench this trial was the most
disconcerting that he had ever seen. I understand Judge Fields was particularly troubled that persons
cloaked with the privilege wearing a peace officer’s badge of the State of Texas would take the stand
and blatantly fabricate the truth.
Prior to their depositions, by letter dated Janaury 12, 2007, Larry indicated that Turner and
Bonaparte would continue to invoke their rights to remain silent even after the conclusion of the
criminal trial. In light of all the recent events, I want to determine whether Tumer and B 01
ate
le
will continue to invoke their rights to remain silent in the above-referénced civil case. If Turneyand
Bonaparte will be invoking their 5“ Amendment rights at the civil trial, then I want a stipulatién to
that effect filed with the Court within the next week. If this is not the case, and if Tuer and
Bonaparte intend to waive their Constitutional rights and testify at the civil trial, please let me know
when J can re-depose them. If they plan on testifying, I am entitled to discover what they will be
testifying about. They cannot hide behind the 5" Amendment and then claim they will testify at trial
without allowing me to take their depositions.
5
S HOUSTON . DALLAS . TYLER
~N I
J. Erik Nichols
Kristen Zingaro Foster
Larry McDougal
February 21, 2007
Page -2-
In light of the blatant inconsistences in the testimony at the criminal trial, the admonition by
Judge Fields that all the witnesses were lying, and the apparent collusion among your clients to
fabricate the truth, I believe I am entitled to re-depose Turner and Bonaparte and will file the
appropriate motions with the Court to do so in the event you do not agree to present them again for
deposition. I cannot imagine, however, that you would advise your clients to testify in the civil trial
in light of their testimony at the criminal trial, and especially since the issues are not dead at the
Harris County District Attomney’s office. In any event, if you plan on advising Turner and Bonaparte
to testify at the civil trial, then please submit dates within the next three weeks when they will be
available for deposition. If they do not plan to testify at the civil trial, I seek a written stipulation to
that effect be filed with the Court.
On a related matter, I have determined you filed a motion to expunge the criminal record.
Irequest you send me a copy.
Please call me to discuss these issues if you choose.
Very truly yours,
L fheel¢f
es L. Reed, Jr.
JLR/le
CC: Michael A. Ackal, Il (Firm)
a
‘LAILR\Troy Peiry\Correspondence\Nichols-Zingaro.ltrl jlr.wpd
Document Filed Date
March 06, 2007
Case Filing Date
September 07, 2005
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Prov doo D287 4-U-OT RECORDER'S MEMORANDUM a. Loo eR eed JAMES L. REED,JR. ATTORNEYS raw _ 713.986.7105 jreed@tmlaw.com A Professional Corporation 1300 Post Oak Boulevard, Suite 2000 Houston, Texas 77056 V713.986.7000 February 21, 2007 F 713.986.7100 www.Inmlaw.com J. Erik Nichols Telefax No.: (713) 552-1697 Kristen Zingaro Foster and CERTIFIED MAIL, R:2.R. [ Henslee, Fowler, Hepworth & Schwartz, LLP . 3200 Southwest Freeway, Suite 1200 Houston, Texas 77027 Larry P. McDougal Telefax No. (281) 238-8514 Law Offices of Larry P. McDougal and CERTIFIED MAIL, R.R.R. 1000 Austin Street, Suite A Richmond, Texas 77469 Re: No. 2006-02596; Troy Perry v. Alief Independent School District, Dan Turner, and Henry Bonaparte; In the 215" District Court of Harris County, Texas Dear Eric, Kristen, and Larry: I was surprised to lean that Dan Turner and Henry Bonaparte did not assert their Constitutional rights to remain silent during Turner’s recent criminal trial. As you all know, Turner and Bonaparte (who was granted immunity in the criminal trial) invoked their Constitutional rights to remain silent at their depositions on Monday, January 22, 2007 in the civil case. I also find it interesting that Judge Fields commented on the record in the criminal trial that he believed every witnéss paraded before him was lying and that in all his years on the bench this trial was the most disconcerting that he had ever seen. I understand Judge Fields was particularly troubled that persons cloaked with the privilege wearing a peace officer’s badge of the State of Texas would take the stand and blatantly fabricate the truth. Prior to their depositions, by letter dated Janaury 12, 2007, Larry indicated that Turner and Bonaparte would continue to invoke their rights to remain silent even after the conclusion of the criminal trial. In light of all the recent events, I want to determine whether Tumer and B 01 ate le will continue to invoke their rights to remain silent in the above-referénced civil case. If Turneyand Bonaparte will be invoking their 5“ Amendment rights at the civil trial, then I want a stipulatién to that effect filed with the Court within the next week. If this is not the case, and if Tuer and Bonaparte intend to waive their Constitutional rights and testify at the civil trial, please let me know when J can re-depose them. If they plan on testifying, I am entitled to discover what they will be testifying about. They cannot hide behind the 5" Amendment and then claim they will testify at trial without allowing me to take their depositions. 5 S HOUSTON . DALLAS . TYLER ~N I J. Erik Nichols Kristen Zingaro Foster Larry McDougal February 21, 2007 Page -2- In light of the blatant inconsistences in the testimony at the criminal trial, the admonition by Judge Fields that all the witnesses were lying, and the apparent collusion among your clients to fabricate the truth, I believe I am entitled to re-depose Turner and Bonaparte and will file the appropriate motions with the Court to do so in the event you do not agree to present them again for deposition. I cannot imagine, however, that you would advise your clients to testify in the civil trial in light of their testimony at the criminal trial, and especially since the issues are not dead at the Harris County District Attomney’s office. In any event, if you plan on advising Turner and Bonaparte to testify at the civil trial, then please submit dates within the next three weeks when they will be available for deposition. If they do not plan to testify at the civil trial, I seek a written stipulation to that effect be filed with the Court. On a related matter, I have determined you filed a motion to expunge the criminal record. Irequest you send me a copy. Please call me to discuss these issues if you choose. Very truly yours, L fheel¢f es L. Reed, Jr. JLR/le CC: Michael A. Ackal, Il (Firm) a ‘LAILR\Troy Peiry\Correspondence\Nichols-Zingaro.ltrl jlr.wpd