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CORRIGENDUM

An error in a printed work, discovered after printing and shown with its correction on
a separate sheet...

Now what you about to read is the trial testimony of the 1 st Officer that arrived on the
crime scene that unfortunate night. I will point out for you what was “Changed” or,
“corrected” so to speak in the record here.

This is very easy to follow along, and the Questions are asked by the District
Attorney, and the Answers are from the Officer.

Direct Examination is questions directed at the witness, from the State/D.A.-Sutton


Voir Dire Examination is questions directed at the witness, from Defense Attorney-
Williams
Cross Examination is questions directed at the witness, from Defense Attorney-
Williams

On Page (11), which would be page 84 from trial transcripts No 9, it has been redacted
deleted.

This Officer Woodard, said at trial and in open court that when he arrived at the
residence, that he couldn’t get close to the house because of many cars/vehicles from
family members had come there. This was said before he says that he entered the house...

Now, what’s so importantly about this deleted testimony? Because, it further shows
that the family members had “contaminated the crime scene” before his arrival. You
will read further on how questions were asked to him where he located a weapon from,
that was used against me. As you will see and read how my own incompetent lawyer
didn’t address this matter, and even tried to “silence” his testimony when asked questions
in regards to this weapon being removed, and whom had taken it, from the crime scene.

Now, was this sounding like an attorney that’s working with/for his client or against
his client, at page 86 No. 5-10 Trial transcripts, location? Again at page 85 No 4-12

Vol. 18 OFFICER E.H. WOODARD 3501-


2357
(H.P.D) 1st Officer on the scene

1. E.H. Woodard
2. Was called as a witness by the State and, having
3. Been duly sworn, testified as follows
4. Direct Examination
5. by Mr. Sutton:
6. Q. Would you please introduce yourself to the
7. Citizens of the jury and tell them what you do
8. for a living?
9/10 A. Officer E.H Woodard, a Houston police officer.
11. Q. How long have you been a Houston Police
12. Officer?
13. A. Eight years
14. Q. Tell the jury what divisions you have been a
15 assigned to
16 A. I have been assigned to Northeast Patrol
17 and North Shepherd Patrol.
18 Q. Where are you assigned to right now?
19 A. North Shepherd Patrol
20 Q. What area of town do you Patrol?
21 A. The Acres Homes Area
22 Q so we get an idea where Acres Homes is,
23 tell us what some of the boundaries are
24 A. it is located on the Northwest side of town.
25 The boundary would be 45 and West Little

(pg.81)

1 York, West Montgomery, and Dewalt Street is some of


2 the boundaries
3 Q. I’d like to take you back on the date of
4 May 3rd 1993, and ask were you on duty that
5 Evening?
6 A. Yes I was
7 Q. Tell the jury what your- -the duties of a
8 Patrol officer are
9 A. Run calls for service
10/11 Q. Do you work by yourself or with a partner?
12 A. by myself
13 Q. On May 3rd 1993, were you in a uniform
14 similar to the uniform you have on today?
15 A. Yes I was
16 Q. Do you work in a patrol car?
17 A. Yes I do
18 Q. Is that the marked blue and white patrol
19 car with the lights on top we are used to seeing
20 on the streets of Houston?
21 A. Yes
22 Q. Do you carry a weapon?
23. A. Yes
24 Q. What kind of weapon do you carry?
25 A. .45 automatic

(pg.82)

1. Q. If you would take yourself back to that


2. Scene on May 3rd 1993, what was the first thing
3. that happened that sent you to the scene of the
4. Murder?
5. A. I received a call about a shooting in progress
6. at approximately 23:10 hours that night
7. Q. And 23:10 that’s like a military time;
8. What does it mean in standard time?
9. A. 11:10pm
10. Q. Did you find out what address the shooting
11. in progress was at?
12. A. Yes, I did
13. Q. What address was that?
14. A. 99 ----Bonazzi.
15. Q. Is 99---Bonazzi located in HARRIS COUNTY
16. TEXAS?
17. A. Yes, it is
18. Q. Where were you when you got the call or
19. How far from that location were you?
20. A. I was approximately five miles away.
21. Q And how long did it take you to arrive
22. At the house
23. A Approximately three to four minutes
24. Q. What level or degree of urgency was the
25. Call? Is there a grade for Calls?

(pg.83)
1 A. It was a priority one call which is a top pri-
2 ority
3 Q. Under a priority one call, are you allowed
4 to use lights and sirens?
5 A. Yes, I am
6 Q. When you arrived at the scene, describe for
7 The citizens of the jury what was the first thing
8 You saw
9 A. When I arrived at the scene and entered the
10 House, I noticed one body, a black male, laying
11 In the floor with gunshot wounds through his
12 Body and the back of his head lying in a puddle
13 Of blood. There were several spent rounds and several
14 Slugs laying in the floor. I entered the bedroom
15 Area. There was another young lady laying back there
16 She had been shot and laying in blood. I saw the
17 mother and sister that was shot. There was blood
18 throughout the house. Little kids in the bedroom scream-
19 ing and hollering and we got them out so they wouldn’t
20 /21 see no more of it
22 Q. What was the general demeanour of the
23 family? How were they acting?
24 A. They were screaming and shouting and were
25 just panicked.
(pg.84)

1/2 Q. Were you the first police officer to the scene?


3 A. Yes, I was.
4 Q. And were you able to determine whether there
5 were any weapons at the scene?
6 A. Yes I did
7 Q. Tell the jury what you did to recover that
8 weapon?
9 A. I spoke with the brother, Danny Baisey, who
10 told me he had taken the gun
11 Mr. Williams: Objection.
12 The court: Sustained.
13 By Mr Sutton:
14 Q. Without saying what somebody told you, what
15 did you do after you spoke to Danny Baisey?
16 A. I went across the street where the weapon
17 was located and talked with a gentleman over there,
18 told him I needed the weapon and he agreed to give
19 it to me
20 Q. Did you find the weapon and bring it back
21 The scene?
22 A. Yes I did
23/24 Q. What kind of weapon was it, do you recall?
25 A. It was a .380 automatic
(pg.85)

1 Q. Were you able to determine who the owner


2 of that .380 automatic pistol was?
3 A. Yes, I was told by a brother at the scene
4 who it belonged to
5 Q. DO YOU KNOW WHY IT WENT FROM THE HOUSE
6 TO A NEIGHBOR’S HOUSE?
7 A. Yes. I was told that by one of the bro-
8 thers.
9/10 Mr Williams: we have to object to the hearsay
11 The Court: Sustained
12 By Mr Sutton:
13 Q. Did you hold the pistol and wait for the
14 crime scene officers to get there so they could
15 recover it?
16 A. Yes I did.
17 Q. Did any other officers arrive at the scene
18 after you?
19 A. Yes, they did.
20 Q. What officer was that?
21 A. Officer Kemp.
22 Q. Did Officer Kemp assist you in patrolling
23 and maintaining the scene?
24 A. Yes, he did.
25 Q. Explain to the jury why it is important

(pg.86)
1 to secure a crime scene?
2 A. We have a lot of evidence there and we
3 don’t want to mess up the evidence, whether it
4 be physical evidence or whatever, and it is important
5 to the case. In that situation we had so many
6 spent shells and slugs in the area, we didn’t want
7 any of the kids to kick them around where we
8 couldn’t recover them
9 Q. Were you able to secure the scene as best
10 you could once you got there?
11 A. Yes, we were.
12 Q. Do you all call any other police officers
13 once the scene is secure?
14 A. No, we don’t
15 Q. Does—do homicide detectives come to
16 The scene at some point?
17 A. We call homicide detectives to come out
18 when it is a murder involved
19 Q. Was homicide called in this case?
20 A. Yes, they were
21 Q. Were crime scene officers called to come
22 To the scene as well?
23 A. Yes, they were.
24 Q. Once the homicide detectives arrive and
25 the crime scene unit officer arrives, what do you

(pg 87)

1 do?
2 A. Once we get there, we protect the perimeter
3 to keep people from kicking around the evidence,
4 stepping on it, whatever.
5 Q. Do you tell the homicide detectives and
6 the crime scene officer what information you have
7 up to that point?
8 A. We advise him of the situation before he
9 goes in so he knows what not to step on. Anything
10 we had as evidence is covered so he don’t accident-
11 /12 ally kick on nothing or step in blood, whatever.
13 Q. Were you able to ascertain who the susp-
14 ect was in this case?
15 A. Yes, we were.
16 Q. How quickly were you able to do that?
17 A. Once I entered the home, I talked to
18 the father who advised me it was the son-in-law
19 and he gave me a description of him and where
20 he thought he may have went. He stated about a
21 couple of miles away and stated he probably went home
22 Q. Was the son-in-law on the scene or were
23 you able to apprehend the suspect at the scene?
24 A. No, when I got there he was gone upon
25 my arrival

(pg 88)

1 Q. Did the homicide detectives arrive finally


2 Or ---
3 A. Yeah, they arrived later.
4 Q. And was the scene turned over to them?
5 A. Yes, it was.
6 Q. Anything else that you did that night?
7 A. That’s basically all I done that night was
8 to protect the scene, secure the perimeter around it
9 and recover the weapon.
10 Q. Is a police report written that includes all
11 the information taken down by all the officers as
12 to what they did?
13 A. Yes, it is.
14 Q. Did you or someone write a supplement to
15 that police report?
16 A. Yes, I did
17 Q. I’m going to show you a piece of evidence
18 and I want to ask you if you can identify it ----
19 Mr Sutton: If I can have the bailiff check
20 the weapon.
21 By Mr. Sutton:
22 Q. Officer, I’m going to show you what has
23 been marked as State’s Exhibit 35, the evidence bag
24 and State’s Exhibit No 34, the pistol. Take a mom-
25 ent to look at that and tell me if you

(pg 89)

1 recognise it?
2 A. Yes, it is the weapon that I recovered
3 from the neighbour across the street from where
4 the incident happened.
5 Q. Was this pistol that was part of the
6 Incident that was involved in this case?
7 A. Yes, it is.
8 Mr Sutton: The state moves to introduce
9 Into evidence what has been marked State’s Exhibits
10 No 34 and 35. I’m tendering these to counsel for
11 /12 the defendant for his inspection at this time
13 Mr Williams: Couple of questions on voir-
14 dire, Your Honor.
15 The Court: Yes, Sir.

16 Voir Dire Examination


17 By Mr Williams:
18 Q. Where did you recover the weapon?
19 A. From a neighbour located across the street
20 from this incident.
21 Q. Somebody told you where they got the
22 weapon?
23 A. Was told where the weapon was taken to
24 Q. You assumed that that was true?
25 A. Well, from Listening to witnesses at the

(pg.90)

1 scene who told me that the brother that was –


2 Q. I’m saying you assumed what you heard
3 was true?
4 A. Well, due to my investigation at the time
5 and discussing what was happening at the scene,
6 this is what I had to go on.
7 Q. I’m just asking did you assume what you
8 were told was true?
9 A. Yes, I did at that time.
10 Q. Of your own personal knowledge, you
11 don’t know where the gun came from, do you?
12 A. No I don’t
13 Q. Well, How many –
14 Mr Williams: we’d object on that basis
15 Your Honor
16 The Court: Overruled.
17 34 is admitted and 35
18 Mr Sutton: Yes, sir.
19 Direct Examination continued
20 By Mr. Sutton:
21 Q. Officer Woodard, could you describe for the
22 jury what feelings you had as you entered the
23 house and saw the bodies at the scene?
24 A. Upon entering and seeing the brother lying
25 on the floor in a puddle of blood and seeing

(pg 91)

1 all the spent rounds in there, it actually looked


2 like a shootout at the O.K. Corral, The kids in
3 the hall in the proximity, the way the house was
4 made, it was just a scary situation due to the fact
5 the kids could have been hit themselves because there
6 wasn’t nowhere to hide in the house. It was a bloody,
7 brutal scene.
8 Mr Sutton: Thank you OFFICER
9 Pass the witness
10 Cross - Examination
11 By Mr Williams:
12/13 Q. Officer, what type of weapon is in State’s 34?
14 A. .380 automatic
15 Q. What was its status when you found it?
16 how many rounds were in it, whatever?
17 A. I can’t exactly recall at the time.
18 Q. Can you refresh your memory from the
19 offense report to tell us how many rounds were
20 in it when you found it?
21 A. That’s a possibility
22 Q. Would you do that, please?
23 A. Yes sir.
24 Mr Williams: May I proceed?
25 The Court: I wish you would.

(pg 92)

1 By Mr. Williams
2 Q. Officer, let me ask you this way, you
3 retrieved this weapon; right?
4 A. Yes
5 Q. And you have it here in the evidence bag
6 along with the clip. I take it if there were any
7 rounds in it at the time, they would be in there
8 too wouldn’t they?
9 A. That’s correct.
10 Q. Can we safely assume there were no rounds
11 in the weapon at the time
12 A. That’s correct
13 Q. We know that is an assumption but we
14 Can assume there were no rounds when you found It?
15 A. That’s correct, it it’s not in the bag.
16 Q. Now, do you know, sir, how many rounds.
17 that gun will hold with one chambered and the
18 clip full?
19 Would you like to see it?
20 A. Yes
21 Approximately seven or eight rounds
22 Q. Including the one in the chamber?
23 A. That’s correct
24 Q. What do you carry?
25 A. .45.
(pg 93)

1 Q. And how many does yours hold plus


2 one in the chamber?
3 A. Seven rounds
4 Q. Do you know, sir, when you recovered the
5 weapon, had it been used? From your own personal
6 knowledge was there fresh soot on it? Was it
7 hot? Could you smell gunpowder?
8 A. No, I couldn’t
9 Q. Did you make a determination whether
10 or not any of the spent rounds on the floor came
11 from that weapon
12 A. No, I did not.
13 Mr Williams: Pass the witness.
14 Redirect Examination
15 By Mr Sutton
16 Q. You didn’t take any bullets out of the
17 gun or do anything to the pistol before you
18 gave it to Officer Webber, the C.S.T. officer,
19 did you?
20 A. Not that I can recall
21 Q. If there were spent rounds—if there
22 are live rounds, it is possible, since we are
23 speculating, that they could have been fired at
24 the firearms lab when this pistol was tested?
25 A. A possibility, I am not familiar with

(pg.94)
1 their procedures
2 Q. When you got the gun, you didn’t run
3 tests on it; you gave it to the crime scene off-
4 icer and it is his job to make sure it is
5 secured ?
6 A. That’s correct
7 Q. Whatever rounds in the gun, the crime
8 scene officer could talk about it; is that right?
9 A. That’s correct
10 Mr. Sutton; pass the witness
11 /12 Mr Williams: I have no further questions.
13 The Court: May the officer be excused to return
14 to duty?
15 He may, Your Honor,.....

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