WR-61,119-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/22/2016 1:55:03 PM Accepted 12/23/2016 1:59:46 PM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS AUSTIN, TEXAS

EX PARTE § § § NOS. WR-61,119-14 § WR-61,119-15 BRAD MICHAEL CHILDERS § WR-61,119-16

TRIAL COURT NOS. 380-81373-02(W) HC4, 380-81374-02 (W) HC4, 380-81375-02 (W) HC4

EX PARTE § IN THE DISTRICT COURT § § 380TH JUDICIAL DISTRICT § BRAD MICHAEL CHILDERS § COLLIN COUNTY, TEXAS

SUPPLEMENTAL EXHIBITS IN SUPPORT OF AMENDED APPLICATIONS FOR WRITS OF HABEAS CORPUS

TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES the Applicant, BRAD MICHAEL CHILDERS, and submits these supplemental exhibits in support of amended applications for writs of habeas corpus and would show the following:

December 23, 2016

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 1 I.

Applicant’s amended writ applications allege that the state withheld exculpatory evidence of another person committing similar robberies in the same geographical location and during the same time period that the robberies occurred that Childers was convicted of. This person is Jonathan Clark. In connection with these writ applications, Applicant’s counsel submitted an open records request to the Plano Police Department for records concerning the three robberies which Applicant was convicted of.

II.

The attached records from this open records request show the following: The following witnesses and victims from the three robberies which Applicant was convicted of all stated that the person who committed these robberies had brown eyes.

Crissy Starkey Tara Ricklefs Sheela Singh Police reports and witness statements showing this are attached.

Also, among the records produced by the Plano Police Department in this open records production was a form entitled “Plano Police Department Supplemental Warrant Information” and a form entitled “Collin County Criminal District Attorney

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 2 Plano Police Department Case Report Form.” Both of these forms state that Applicant, Brad Childers, has blue eyes.

Other information before the court shows that Clark has brown eyes.

III.

The fact is that the description given by the victims and witnesses of the person committing the robberies which Childers was convicted of better matches Clark than Childers. This is additional evidence indicating that the fact that the Plano Police were aware that Clark was committing similar robberies to the ones Childers was charged with constitutes exculpatory evidence that should have been revealed to Applicant’s counsel.

Respectfully submitted, /s/ Gary A. Udashen GARY A. UDASHEN Bar Card No. 20369590 [email protected] SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Attorney for Defendant

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 3 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus was electronically delivered to the Collin County District Attorney's Office, on this the 22nd day of December, 2016.

/s/ Gary A. Udashen GARY A. UDASHEN

CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. P. 73.1, undersigned counsel certifies that this document complies with: 1. the type-volume limitation of TEX. R. APP. P. 73.1(d) because this memorandum contains 290 words.

2. the typeface requirements of TEX. R. APP. P. 73.1(e) because this memorandum has been prepared in a conventional typeface using WordPerfect X5 in 14-point Times New Roman.

/s/ Gary A. Udashen GARY A. UDASHEN

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 4 EXHIBIT OPEN RECORDS PRODUCTION FROM PLANO POLICE DEPARTMENT

Supplemental Exhibits in Support of Amended Applications for Writs of Habeas Corpus - Page 5 INCOl PAGE: AGENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; INCIDENT NO: 20020005155'.

********************* * OFFENSE NARRATIVE * *************+*******

On 06/03/02 at approximately 1311 hours, I (Officer Tilly #1471) was dispatched to 6505 West Park Blvd. Suite 314 at the Marble Slab Creamery regarding an aggravated robbery that had just occurred.

Upon my arrival, I spoke -i.vith witness, Crissy Starkey (W/F 1, who stated she walked into the Marble Slab Creamery at approximately ,,I 1309 hours and observed a white male approximately 6', 160 pounds, wearing a white baseball cap; clean shaven, brown hair 1 brown eyes; I I a yellow collarless short-sleeved shirt with horizontal stripes and khaki pants carrying a white plastic bag with an American flag on the side, exiting the store'" walk out the door and then t'ilalk north towards the Albertson's in the same shopping center as the '.I Iv1arble Slab Creamery. '' i'" I then spoke lvith the victimF Mohanunad E. Jamal (P/M ) ,, who stated approximately 1305 hours a white male subject walked into his store to purchase an ice cream cone. Mr. Jamal stated as he was fixing the subject's ice cream cone he noticed the subject appeared to be very tense. Mr. Jamal then walked down towards the cash register and the subject followed him down there and then pulled a black handgun out of the right portion of his pants and pointed the gun at Mr. Jamal, telling him to open the register. Mr. Jamal stated the subject then walked around a cake display located within the store and then through a '11, swinging door and thei:i put the handgun, which the subject was holding in his right hand, back into his front portion of his khaki pants. He then removed the money out of the cash register, ·I', pulling up a white bag with an American flag on it that was 1,,i plastic and then placing the money inside the white plastic bag.

The subject then asked Mr. Jamal where his phone was and looked in the back of the store, dumped his ice cream cone that Mr. Jamal had presented him into a yellow mop bucket when Ms. Starkey walked into the store. Mr. Jamal stated the white male then exited the store and walked northbound towards the Albertson's store. Mr. Jamal stated the subject to be approxirrrately 6 1 tall, thin build, brown hair, brown eyes, wearing a white baseball cap and a yellow shirt with horizontal stripes and clean shaven.

Mr. Jamal stated he believed the subject to be between the ages of 18-24 years of age. Mr. Jamal stated the subject took approximately $100 in currency bills out of the register prior to leaving the store.

ID responded on scene to take photos and attempt to lift fingerprints from the crime scene. Detective Marks arrived on scene for representation for CID. i}i.J %0

INCOl PAGE: AGENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; INCIDENT NO: 20020005155' ********************* * OFFENSE NARRATIVE * *********************

During the course of investigation of this call, a second robbery came out under file #02-51555 located at 2100 Dallas Parkway at Parkwood Cleaners, which had a similar description of the suspect as this robbery with the exception of a different color of baseball cap and different color shirt. There was also a third robbery under file #02-51565 at 5960 West Parker Road suite 224 at the General Nutrition Center giving another similar description as our suspect.

I observed two cameras inside the front portion of the store at the Marble Slab Creamery but Mr. Jamal stated the cameras were activated but they were not being recorded even though there was a recorder hooked up to the camera system.

Prior to my leaving the scene, I vralked up towards the north of the shopping center to check the trash cans for possibly the suspect dropping the white plastic bag or any other information that might be evidence in this crime. Detective Marks and I made contact with the management at the Albertson's grocery store and viewed their tape of the cameras in -the parking lot attempting to see if we could locate the subject on tape. We were unable to do so. Officers entering into the crime scene included my back-up Officer Jackson #1230, PSO Eldridge P938, Detective Marks and myself.

No other information was obtained regarding this aggravated robbery.

CID follow-up is requested. A case report has not been completed.

MLC 06/04/02 . h ~ · SS\) · C.' \J ~'l''l f _, ;'el/ 1v.ry B!::\!!h:; ns 13 =~,-, . "'. · i •1 ==~·,_'="-=<-~ - - ~-=LL/l... - ,i-.~·-~' 1 1

8:cn not arrest 01 det~dned ]T!an.ner, tD J1 n1, ::i::l:-,11nDfi n0 -~""" State:~ Address:la2DI .. Lt) 1'D u i\OJV€1JJJ:M1Cj-132ll. City: Lli1 ·- Zip. Code: LJ.0~~~·-· ~f/.0°·3 My occupation is !l(Jrt~S t~~, and I run employed by ~fapda,l oae. Ai;1,,:k> H{J§/lLCe My home phone number is l:lJcq- .3\c b- 22''-} -f My work phone number is 1iJtl:JdL-JJJ.(JO X 56,35

Mycellitlar phone number is ,2/i-/-/)gCJ-d-5o'-/ . My pager number is~~~~~~~-~-~··-~·· I am voluntarily making the foll?wing statement t():Dfl'.. · I qb:\\t Y \ ~411 . ,a Police Officer for the Cicy of Pfa110, Collin Countyr1?? . -- !£21 1:1d11e.1i"'\f d 0 ."-> Me..

I have read each page of this statement consisting of page(s), each page of which bears my signature and corrections, if any, bear my initials, and I certify under penalty of perjury that the facts contained herein are true and correct. l; 56 · · d - Dated at . , this I day of ' 20..Q,2, 11 n nt

Subscribed and sworn to before me by on this th" _ _ day of _ _ _ __ AD.20_.

Notary Public in and for Collin Counl;y, Texas -·--- INCOl PAGE: AGENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; INCIDENT l'JO: 20020005155: ********************* ·x OFFENSE NARRATIVE * *********************

On Monday 6/3/02 I, Officer Wolf-1452, along with Officer McCrary-1188, were working a 2-man until in patrol D-Sector assigned to beat 248 when we were dispatched to a robbery that had just occurred at the Parkwood Cleaners which is located at 2100 N Dallas Pkwy #112 inside the city limits of Plano, Collin County, TX. The weather was sunny and clear. Officer Mccrary dropped this officer off at the Parkwood Cleaners to speak with the reporting party and witness while he continued to drive the area searching for the suspect.

Officer McCrary-1188 spoke with employees at the Super Target located at Park and Parkwood and observed them to have a parking lot video camera which does tape the entire parking lot. While at the scene I, Officer Wolf-1452, spoke with reporting party Tara Lea Ricklefs (W/F who was v;rorking as the customer service/ cashier for the Parkwood Cleaners located at 2100 N Dallas Pkwy, suite 112.

Ms. Ricklefs states that, "About 1:25 man, 5 1 10 11 -5 1 11", white male, about 22-26 years old, came in asking for job informa- tion. I explained the position available, then when I asked I I for his name and phone number he lifted his shirt which was a red shirt with a white shirt under it, blue jeans, red cap, brown hair, short, 160-170 pounds, brown trim moustache, 1. brown eyes. After he lifted his shirt, pulled black gun, automatic, and told me this was a robbery, stay right where I was and open the register, now don 1 t move. H'e grabbed the cash and the drawer and empty it, grabbed a laundry bag which he put the cash in and went out the front door." Ms. Ricklefs provided a voluntary written statement which is attached to th.is report for all intents and purposes.

Ms. Ricklefs was obviously shaken, very nervous and panicked and appeared near tears. Ms. Ricklefs .initially had trouble speaking with this officer due to her apparent fear and panic at the just-occurred robbery. Ms. Ricklefs walked me through the suspect's entrance into the cleaners, through the right hand door of the double doors to the counter where he spoke with Ms. Ricklefs for several minutes about job information before finally coming around the right side of the desk to the cash register where he then raised his shirt and pulled a black automatic handgun from the front of his waist with his right hand and pointed it at her abdomen/thigh area while informing her that this was a robbery. Ms. Ricklefs stated that the suspect then saw witness Mary Ann Young pull into the front of the cleaners and approach the store',. at INCOl PAGE; AGENCY; 00 INCIDENT REPORT DATE PREPARED; 11/ 29/ o; INCIDENT NO: 20020005155, ********************* * OFFENSE NARRATIVE * *********************

which point he left the store walking normally northbound into the shopping center.

I then spoke with witness Mary An.n Young (W/F 1 who stated, "I pulled up to Parkwood Cleaners to drop off dry cleaning and a man was leaving the cleaners on foot. He had a black bag in hand and was walking north on the sidewalk.

He was approximately 5'11 n, li'J/M, early to mid 20' s in age, dark brown hair, clean cut, wearing a white shirt, jeans and red cap. As I entered the cleaners he was approxirnately 10 feet down the walkv-1ay." Ms. Young then told me that Ms. Ricklefs informed her of the robbery at which point, she ran back outside with her cell phone to call 911. She no longer observed the W/M suspect she had seen leaving the store, however, she did see a maroon unknown make and model vehicle driving through the parking lot. (It is unknown if this vehicle has any relevance to the robbery.)

Ms. Young provided a voluntary written statement which is attached to this report for intents and purposes. CID and ID were called to the scene. After ensuring the crime scene was secure, I I walked northbound through the inirnediate shopping area and spoke with the businesses north of Parkwood Cleaners to the corner of I' their building. I was unable to locate any cameras or other witnesses to this crime.

ID tech, J. Rhinebarber arrived to process the scene, however, only the front door used by the suspect had any retrievable prints. Detective DeLeon arrived to the scene and interviewed the reporting party, witness and victim. Before leaving the Parkwood cleaners, I was advised by the owner, victim, Green, that per the cash register tape the register was opened at 1319 hours and $326.19 in cash was taken from the drawer.

No further information is available at this time. A case report was not completed by this officer due to lack of suspect infor1nation.

CID follow up requested.

pj VO 06/04/02 My cellular phone number i s ' - - - - - - - - - OF::c:· -~.won- ' 1r· _ _ _ , a Police Officer for the City of Plano,

! have read each page of this statement consisting of_ page(s), each page of which bears my signat'!re and ;orrections, if any, bear my initiels. a..r:d. I certify und~ p.enalty of perjury thitt the facts c.onta.ined herein are rue and correct, ~ - -- - )ated at - · , this

JTNESS: _ _ _ _ _ _ _ _ _ _ ~

1bscribed and sworn to before me by on this the -~~ day of·-~ A.D.20_.~ >lacy Public in and for Collin County,. Texas ---~ INCOl PAGE; _l\GENCY: 00 INCIDENT REPORT DATE PREPARED: 11/29/0; INCIDENT NO: 20020005156c ********************* * OFFENSE NARRATIVE * *********************

On 06/03/02, I (Officer Wicker #1534) was di.3patched to a robbery at General Nutrition Center located at 5960 West Parker #224.

Notes on the call stated a white male, 5'10 11 , approximately 20, black hair and bro1.vn eyes, took $300 in cash, Muscle Milk products, and a white handset, Notes also stated the subject produced a long gun, 1-vhich later turned out to be a black pistol.

Upon my arrival at the location, I contacted the store owner/manager of the store, who was the only employee at the time of the robbery. The subject was identified at Sheela Singh (W/F ( Singh advised a white male, dressed in a red shirt and khaki pants, walked into the store at approximately 1410 hours. The subject then went back towards the Muscle Tech products and then grabbed two Muscle 1'1ilk containers valued at $40 each and walked up towards the register when the store was empty. The subject v-1as a t.vhite male approzimately 5'10", lveight 160p black hair 1 bro-wn eyes, with no facial hair. He then produced a black handgun, pointing it at the store owner and stated, nGive me the money.

Just move out of the way and don 1 t do anything stupid. il The suspect then opened the cash register and took $300 in cash, the muscle milk products and a 1-vhi te portable telephone and left through the front door of the store.

CID and ID were paged. When ID responded, they attempted to take latent fingerprints from inside the store and it is unknown at this time if ID was able to retrieve any latent fingerprints.

There was also a subject working next door to General Nutrition Center who stated she saw a young male approximately 20 years old walking fast southbound on the sidewalk in front of the stores. The subject was light skinned and had dark short hair and dark clothing and was carrying a white plastic bag with some GNC products in it. She did not see the subject get into a vehicle. The witness' name is Rebecca Bullard (W/F There is no further information available at this time.

MLC 06/03/02 ISSUING JUDGE.----'-"ft'--'a,=J'-'-!&_Vl"--_ _ _ _ _ _ _ _ _ COURT_ pi,.,,,.,.,-, '~iJdf _(a i-cf_, _ _ ---- - ~--------- CHARGE~A;-; {fl 6h.h.er1 BOND /Do_, (JiJO DEFENDANT'S NAME Gi,,-/Jtr £ (La8t) 'i3 rd-J. (First) fh 1'-cAc. ..e_,/ (Middle) SEX_--f.JL.J.---__)RACE_~--"'~-=----'D.O.R _ _ __ EYES fJf I.A£- HEIGHT _~"-1_,l"'---_ _.WEIGHT_,__,,,'1_1_ __ DRIVERS LICENSE INFORMATION: STATE,_~_ _ _ _NUMBER -~RESTIUCTIONS._ _ _ __

VEHICLE DESCIUPTION: MAKE _ _ __,MODEL ...

COLOR _ _ _ _LICENSE . NO. - 'STATE -- HOME ADDRESS _1Sc::_··-:,I) 'u-·~·."'-::'i(,__,:;..:cj'-n:-~()LJ.yfpf<_-~-~:_,;;...::..:.!,;.,_::_~~~-- (Number Street ' 1l1· t. {L<fi/•;"" Ir~ 7c;o( 1 City State Zip Code)

City State Zip Code)

ADDITIONAL INFORMATION_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

INVESTIGATING POLICE OFFICER(S)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

~-- OFFICER( SJ: ,<\RRESTit•IG OFFICER(S): Charles Marks. Jake Wicker None

DEFENDANT: LOCATION OF DEFENDANT: Childers Brad Michael At larqa/Warrant issued

DOB: AGE: 2()_ RACE: While SEX: Male _ HGT: 5'11". WGT: 160 ·- EYES: Blu!i! HAIR: fllond ..- - RES!DENGE: 806 Red Oak, Lewisville. Texas DATE OF ARREST: -~N=A~----­ PLACE OF ARREST: __,_N,,_A,,__ _ ARREST NO: NA OFFENSE NO: 2002-51565 WARRANT NO: 2002-P-464 JUDGE: McCarthy CHARGE: Aggravated Robberv PC 29.03 HABffUAUSE~IOUS OFFENDER:~

DATE AND TIME OF OFFENSE: _,.06""-_,,0.,,.3-0_,,.,,_2""at'""'1'-'4_,_,10""h"'o"'u""rs'------------·------· WHERE AND HOW COMMffTED: 5960 West Parker Road. Suite 224. Plano, Gollin Countv. Texas. The defendant did !hen and there intentionally, knowingly in the course of committing· a theft, as defined in Chapter 31. place another in fear of imminent bodily injurv or death and used or exhibited a deadly weapon.

VICTIM: Singh. Sheela. W/F, ADD~ESS: 5967 Shy Drive, Frisco, Texas PROPERTY TAKEN/DAMAGED ANO EVIDENCE OF VALUE: $300.00 of U.S. currencv, two cans of Milk supplement valued at $80.00. and a portable telephone valued at $50.0D EVIDENCE AND SEIZURES: ~A~s,,,,ix""-p"'h"'ot,,,,o,,,gr"'ap.,,h""'l""in,,,e'-"-u"'p'----------------------­ VOLUNTARY STATEMENT(S) OF: _S=h=ee=l~a~Si~ng=h~------------------- CO-DEFENDANT(S): ~N""o""n""e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

(below for DA use only) ( ) Case has been accepted. By: Date:_ _ _ _ _ _ _ _ __ ( ) Case has been refused. By: Date: ( ) Case has been returned for further information as se!forth below. ·---------- Comments to investigating o f f i c e r : - - - - - - - - - - - - - - - - - - - - - - - - - - -

Witnesses: Charging Instructions: Miscellaneous: Recommendation: