"TEXAS “BRADY ERROR"

By a “preponderance of evidence”, but for a violation of the Constitution, no rational juror could find innocent East Texas mom guilty of murder beyond a reasonable doubt.  State rules of evidence were applied unlawfully, denying Desiree’s right to present constitutionally complete defense.  The State violated its duty under “Brady” pre-trial, failing to disclose photographic evidence that the investigator re-staged (contaminated) the scene, for pictorial purposes hours later when 2nd functioning camera arrived.  Police responded negligently to 911 for EMS for Desiree’s 2nd husband who self-inflicted GSW accidentally or intentionally.  Police told EMS no services were required erroneously!  The State charged Desiree with murder without probable cause. 

Counsel failed to conduct adequate pre-trial investigation, participate in voir dire, interview or call potential witnesses or ensure trial rights, omitting a case-in-chief!  Photo demonstrating investigator planted evidence was “lost or destroyed” in government custody.  Subsequently, State told COA substituted photo was merely double-labeled. 

New Evidence:  Police, prosecutorial and judicial misconduct undisclosed at trial (suppression of deceased’s habits, mental, physical history, prescription drug/alcohol combination).  Fabricated allegations, impeachable hearsay was based on summary of prosecution’s agent. 

To present innocence and constitutional violations claims, Desiree needs firearms and reconstruction expert investigation and statements from eye witnesses never contacted by defense.  Undue abusive influence of Desiree’s former husband is presumptive for prejudice, deprived her of due process and right to care and support her children for the past 13 years.  Evidence needed is important in rebutting elements of charged crime and showing the effect the evidence would likely have on the jury, disproving unfounded bias and speculation.  To challenge wrongful conviction after State excluded exculpatory evidence and counsel did not challenge the State’s evidence at trial, Desiree needs expert services.  (The political misconduct in this case would shock the conscience of the average person.)