Attachments To Writ

ATTACHMENT 8
Affidavit of Kenneth Makuta

Transcript of Commissioners’ Court Meeting
Executive Session – April 10, 2006
Brown County, Texas
Persons known to be present are County Judge Ray West, County Attorney Shane Britton, Sheriff Bobby
Grubbs, County Auditor Nina Cox, County Clerk Margaret Woods, Commissioner Steve Adams,
Commissioner Richard Gist, Commissioner David Carroll, Commissioner Adrian Beck, and unknown
others.
Beginning of Transcript
West: Let the record reflect that uh, I moved to convene to executive session. It is seconded by
Commissioner Beck, and approved unanimously. The agenda is, uh, specific that we are in executive
session to discuss personnel matters and pending litigation, the pending litigation being the criminal
case that was filed against our tax assessor collector and the personnel matters being the status of her
um, employment. I have asked uh, County Attorney Shane Britton and Sheriff Bobby Grubbs to be
present, and they are present for executive purposes. Now I would ask that they uh, (inaudible) with
comment on their aspects of the case. Uh, first of all, uh, Sheriff Grubbs I want to ask you, I don’t mean
to ask you any specifics about the criminal investigation, but I think our concern needs to be, and the
focus of this meeting needs to be, can you explain to us what needs to, what we need to look out for
and any action we need to take with regard to the criminal investigation in the tax assessor’s office. In
other words, is there any evidence that needs to be secured, are there any, um, items that should not be
taken; you tell us.
Grubbs: Ok, without consulting with the investigators, I haven’t sat down and read their report. There
is a possibility or evidence that there can be some charges that’s related to the computers; I think
they’ve made back-ups on the computers already if I’m not mistaken. But there is a possibility that, in
my opinion, now I’d like to talk to investigators to back this up, but there is only one situation, and
they’re remaining in that office, there is a possibility that they could tamper with those files. That is a
concern.
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West: Uh, she indicated at least according to the newspaper, uh, this morning she indicated that she
wants to come back today. I believe when, uh, Ellis Johnson was here Friday, and she arrived. Ellis and,
uh, Wayne brought her in here and she indicated intentions of coming back, um, and if she does, how
are we going to prevent her from absconding with the material?
Grubbs: I don’t know about that unless you sit here and watch her all day.
West: And I believe, if I’m not mistaken, that until, uh, she is actually removed from office, she’s the tax
assessor collector and she has the right to have access until she is removed from office. And I’ll tell ya’ll,
since you weren’t present, I did this on my own the first day. I instructed the security officer, um, to, uh,
to do exactly what was done and when she showed up she was not to be given access to her office other
than to remove personal items if she wanted to and that was completely without authority because I
can’t keep her from going and doing (inaudible). I was trying to avoid distractions in that office. And,
uh, sure enough, she showed up and he did what I asked him to do. And she did agree to leave and
come back Monday.
Unidentified: Has anyone seen her this morning?
West: Shane, I would ask that you would comment and tell this court of what actions you intend to take
and how soon you intend to take it.
Britton: Well, first of all, I’d say that, uh, that other than just general courthouse gossip, I didn’t even
know of anything that was going on until, probably… I mean officially I didn’t even know anything was
going on until, I guess, last Wednesday. I was told that she was going to go before the Grand Jury on
Thursday. Um… so Thursday, I went ahead and began preparing a petition for removal to have her
removed from office. And…I was busy all day Friday, working on it some Friday and worked this
weekend and I have that prepared. Uh, there were some details that I never found, and I never have…
I’ve been having trouble finding until they issued a second indictment. I don’t know if ya’ll realize she
was indicted for two different types. The second of which is making a false application for a certificate
of title. She bought a new pickup truck and put in a false sales amount to reduce her tax liability, which
is a third degree felony. And that just came up actually I believe last Wednesday was when they
discovered that. So, I didn’t have the details of it, based on what the details to finish the petition, but
I’ve already got the petition for removal finished. Uh, it’s rather lengthy, uh, so I would anticipate to file
that later this morning or early afternoon you know. Uh, not only it is asking for her removal
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temporarily, it’s also gonna need to include a temporary restraining order and a temporary injunction,
that’s gonna keep her from coming in the courthouse basically.
West: (inaudible)
Britton: Of course, the temporary injunction is ex parté immediately –
West: A TRO?
Britton: Yeah, it’ll be a TRO, right. (Inaudible) Now, there’s kind of, uh, that there’s, uh, when you file a
removal petition there’s really an option of whether or not you (inaudible) be diplomatic about this
without saying this…that there…we actually have an option as to whether or not we want the local
district judge to hear it or we…we have an automatic right to request a visiting judge.
West: So we have the right to bump Steve and ask for –
Britton: Right, now the problem with bumping him is, that delays the temporary suspension and so,
um….but at the same time –
West: Lane is not gone anywhere has he?
Britton: Um, well, he’s not here right now –
West: All right.
Britton: But, Murray Jordan was here all week last week.
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West: Oh, okay.
Britton: And I wouldn’t, I wouldn’t, that wouldn’t concern me except for the fact that, um…our most
recent removal petition that was filed, um… we got kind of a, uh, um… a ruling from our district judge
that we, that I think was, that I disagreed with, and um… and so I’m thinking of not filing anymore
removals and let him hear it, if he’s gonna not be very cooperative, and so, I’m kind of in this catch
twenty-two. Do I let him hear it so we can get an immediate suspension? –
West: Well it kind of, it kind of takes him off the hook too, uh, Shane, for this reason. That lady is a
material witness in the case. She is also his direct employee. My guess is Steve would probably, you
know…if you file it, he would say I –
Britton: Well, what I was –
West: (inaudible)
Britton: What I was considering –
West: Am I right?
Britton: What I was considering doing –
Cox: I heard him talking about recusing himself (inaudible)
Britton: What I thought, what I was considering is, is going ahead and filing it and not asking for the
appointment of a visiting judge in our original petition and hoping he would go ahead and order the
suspension and then we could ask for it to be assigned to a visiting judge.
(Inaudible)
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West: I wouldn’t know that.
Unidentified Female: (inaudible)
West: Oh, you mean to keep (inaudible). I don’t even know if he would grant the TRO –
Britton: Yeah, and I don’t, and I don’t know, of course, it’s, it’s, it’s complicated, or simplified, I guess
from your perspective, by the fact that, uh, we can make a case without her.
West: Well, you might –
Unidentified: (inaudible)
Britton: You bet!
West: You might want to consult with, with, or I could consult with Judge Ellis and say Judge, here’s
what’s coming down the pipe, could you please call your (inaudible) the administration judge and get
him to appoint somebody to (inaudible). Then, again, I’ll tell you too, Shane is filing this petition…it’s
not that, and I agree with him doing so, it’s not that, that I believe that…you’re…I believe that you’re
innocent until you’re proven guilty. My, my agreement to sign this petition, I will, uh, swear to
(inaudible). This sworn plea can be sworn to by any citizen of the county. Anybody that has lived here
for six months can file a petition. It’s not so much that I feel she’s guilty of a criminal offense, um,
having discussed this with Bobby and his investigators, and having discussed it with, uh, District Attorney
Murray, um, Michael is, is very confident that he has got a good case. He said it’s probably his best case
since the Donahue case. But it’s, it’s that, knowing what I know after visiting with, with Nina and
Weldon Stark, the investigator on this case, twice, um, I am adamant that Linda neglected her duties to
the extent she should be removed from office. This was a scheme that went on for months and months.
It’s documented that it went on for months and months. She has admitted that it went on for months
and months. And she has even gone so far as to tell me, whether it was in your presence or not, that
yes it was her fault, she was unequivocal about it, she said “at the very least I, I’ve shirked my duties, I
should have caught on and I should have fixed it before now, - (Unidentified: I didn’t steal the money.)
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but I’m responsible for it” and that’s why she’s saying she’s putting up money to repay the County. Um,
today I feel like she’s grossly neglected her duties, and, and with or without, I shouldn’t say it that way. I
don’t have to have ya’ll move, we don’t have to have a motion at this time, or a second and a third, for
this Commissioners’ Court to support that application, because as a citizen of the county I can sign it.
Ya’ll can sign it. But, I mean, I agree with Shane, I will sign the affidavit swearing –
Britton: That’s how I’ve got it prepared –
West: Based on her –
Britton: You.
West: negligence?
Britton: Well, it’s both ways, it’s (inaudible) alternative theories that it’s intentional illegal activity and
gross incompetence. Now, I will add to what you said, and that is that she has given a…a written
statement admitting that she’s guilty. I mean, it’s not just, this is an accounting error and she is
somehow responsible.
West: Oh, she has given a written confession?
Britton: Well –
Grubbs: A written confession of sorts. I can’t, I haven’t read it. I haven’t read over it before.
Britton: I have read it. And I have got a copy of it.
West: Does she equivocate it or –
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Britton: Huh?
West: Does she equivocate it or –
Britton: And she says “I took the money”. She told how she took it, her little scheme. I know. I know.
It’s all in this petition you’re about to sign, so –
West: She has, she does not have a grip on reality, though.
Britton: Huh-uh.
Unidentified: No, no.
West: And that’s another thing that bothers me. She carries a weapon in her car. Um, this was, uh, I’ve
got it, Faye told me this, but, uh, when Ellis and Wayne had her in here they asked her the other day,
“do you have a weapon?” and she said “yeah, I got one”.
Britton: She wouldn’t tell them. But, she –
West: No, she said that, he said “well, any other weapons?” and she said “yeah, I carry a gun in my
pickup”.
Britton: But, see, you can’t when you’re under indictment. It’s part of the concealed handgun law in
Texas.
West: That indictment that prohibits that doesn’t make me or you any more alive when she plugs us.
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Britton: Oh, I know that. I’m just saying that that gives, that that gives law enforcement the authority to
take it away from her, is what I’m saying.
Grubbs: We need to copy those records (inaudible)
Britton: Well, I don’t think you can stop her, but, but there’s certainly nothing to prevent somebody
from sitting there beside her.
West: It’s a public place.
Unidentified: That’s right.
West: We may have –
Britton: Now the truth –
West: security, if she goes in there, we may have to have a security guard assigned to that office.
Britton: The truth of the matter is, there’s probably not a whole lot in there that she could do to affect
the case, because she’s had months to do anything she wanted to and she didn’t. She apparently wasn’t
smart enough to.
Adams: Now, what do you mean she’s had months? See, I’m not aware of everything –
Britton: Well, I mean –
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Adams: that’s happened.
Grubbs: Well, we –
Britton: A normal person would have realized that they were under a microscope for two or three
months, but whether or not she understands that –
West: See –
Britton: Nina’s told her about it!
West: back in about August, the deposits of the Tax Assessor Collector, she gets money every day –
Cox: Yeah.
Britton: Oh, I’m sorry. I didn’t know that ya’ll didn’t know this.
Unidentified: Well, I knew some –
West: that the deposits started being made later and later and later. The day they were supposed to be
made (inaudible)
Britton: No, no. She makes a daily cash deposit.
West: Every day.
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Britton: All the time.
West: She made one, one as much as twenty-one days late, eighteen to twenty-one days, that’s three
weeks.
Britton: Forty.
West: Forty?
Britton: There was a couple that were forty days late.
West: And then finally, it came about, (inaudible)
Britton: It was the Road and Bridge account.
West: And see she has to write checks off that. I guess she has to pay the state or (inaudible). She had
a check bounce, because she hadn’t made a deposit.
Unidentified: Personal check?
West: No, a check on that account, the check bounced. –
Cox: (Inaudible) writing it to you, to the precincts.
West: The County check bounced because of her. So then I don’t know whether Nina had already seen
it or if she came to Nina. Nina did –
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Cox: The bank called.
Britton: On December the fifteenth, the bank called and said the check bounced.
West: Nina did get Weldon Stark to come in and see –
(Inaudible)
West: She came in to me in January and talked to me about it and said “would you want to meet with
Weldon?” and I said “well, let’s meet with him right now” and we did. And she said “when do you want
to meet with him again and I said “the day after the election” and we did. We met on March the 8th, for
the second time, and it became clear… Well, honestly, Weldon had not gotten to the point where he
could tell us unequivocally, we have something criminal going on. The day he did that was March 8th. I
immediately called Sheriff Grubbs to report it and Sheriff Grubbs then called the Ranger and here we
are.
Britton: See, what she was doing… I mean, she’s told now, her scheme. What she would do is, she
would take those daily…a deposit, okay, pull a bank bag of cash with a deposit slip. She would take that
out and put it in her desk drawer, okay. Then she would, she would keep it together, and she would use
cash if she needed it. Personally, okay. So she would keep the deposit slip back from the original day,
and so she would borrow…steal, or whatever you want to call it…this money, and then when, in the
future, when she would have a daily deposit that was close to that same amount then she’d take that
money and put it with that deposit slip and go put it in the bank, okay. So she just kind of carried a
balance on forward. (Inaudible)
Adams: All right. And, and…and was it ever, did she continue to do that, I mean, she –
Britton: If, if she did it, she, she, she’d take it twenty, or thirty, or sixty dollars at a time and thought
“hey, that’s pretty easy, now I’m gonna take a hundred at a time”, and then she –
Adams: And she’s paying that back, I mean is –
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Britton: Well, no, she’s carrying a balance forward –
Grubbs: Take it out of this bag to pay this back.
Cox: (Inaudible) to cover November’s deposit.
West: Robbing from Peter to pay Paul.
Britton: And so the debt grew. The debt just got a little bigger and a little bigger –
Adams: So, what is the debt?
Unidentified: You can’t say that?
Cox: About twelve thousand. Eleven thousand and something –
Adams: All right, is that what (inaudible). ‘Cause I’m, I’m sitting here wondering, and I’m having people
ask me all the time and I’m, you know, not going into detail what was done, we’ll find out (inaudible).
But, uh, did she borrow…when she was caught, I presume, did she go borrow money…this amount, or
something close to this amount, and come and pay? And, and, uh, is that what she was saying in the
paper? That she borrowed money, she paid it, and she don’t even know where that’s at? You know,
and uh, my dad was asking, you know, she evidently borrowed some money and gave it to the County,
and the County, you know, nobody knows where that money’s at? And I said “no, we know exactly
where it’s at”.
(Inaudible)
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Britton: We started a criminal investigation on Vance now for (inaudible)
West: I’m gonna try to protect you from it, because I’m acting on my own. If there’s collusion, then I’m
guilty –
Cox: Me, too.
West: But, I am not gonna sit back and have the same kind of attacks on us take place, on you four, and
me, too, as happened when we had the Mozelle…uh, crud happen.
Britton: Of course, there…there won’t be any attack on Richard and Adrian –
Cox: Can I just say one thing? (Background inaudible)
West: Only because their democrats. –
Cox: The accounting procedure that she –
Unidentified: That don’t have nothing to do with it, though.
Britton: They’re the ones that start the, the (inaudible).
Cox: The accounting procedure that she alluded to that I changed was to make her leave the deposit
slip in the deposit book, take the complete book to the bank, have it stamped, and bring it back. And,
therefore, she could no longer use February’s money to cover January’s deposit, so –
Carroll: You put a screeching halt to it. –
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Adams: And that was the balance of that? –
Cox: And in the end, we ended up with…this many deposit slips out of January that she had no avenue
to replace.
Unidentified: Right.
Cox: So that’s what (inaudible) happened.
Adams: So, really, she didn’t do anything wrong, she was just taking money and then she would pay it
back…. (Laughter) I mean, she’d take it and put (inaudible)
Britton: There’s actually more to the, there’s kind of, uh, part of that story, that it, that they actually
keep petty cash in there.
Carroll: Steve, let me borrow your cell phone.
Britton: Thirteen hundred…thirteen hundred and eighty-nine dollars. See, I don’t know what, where
that amount comes from. But they keep a specific amount of petty cash in the safe, so in the mornings
when they open up their tills they’ll have change.
Woods: Right.
Britton: Forever, probably. She’s been borrowing that and paying it back –
Unidentified: There’s no record of it.
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Unidentified (in background): Well, whatever procedure you’ve got to do, there’s a general procedure
(inaudible).
Britton: No. Because, they would come in on Monday morning and the first thing they’d do is, is add up
the petty cash and it was always short. –
Unidentified: Yeah.
Britton: And then during the week, or in the next couple of weeks, she’d pay it back. She’s been
borrowing from the petty cash for –
Adams: Did she admit to that?
Britton: I don’t even know if they asked her about that, because it balances, it, it’s balanced right now,
she got caught up, she’d get caught up on that.
Cox: We never (inaudible).
Grubbs: You know, they, it seems like they typically, starts when somebody’s borrowing a little bit, pay
it back, borrow a little bit, and pay it back, and then one day (inaudible).
West: See, I do that with my personal account, and my wife has yet to catch me. ‘Cause I, I’ll catch up
and –
Britton: But the best, the best piece of –
Grubbs: I used to (inaudible) a clothing allowance and I thought I was hiding it out, but my wife knew
about it the whole time.
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Britton: The best, but the best piece of advice that Lee Haney ever gave me when I became an elected
official, he said “just don’t ever handle any cash, you don’t take cash in your office”, so we don’t take
cash in our office… for that very reason. (Inaudible) We don’t take, we don’t accept –
West: Richard, Richard has a question. He wants to know what’s going on.
Gist: Uh, it’s an unfortunate circumstance. Not being an attorney, and not being familiar with the, uh,
petition to remove a publicly, a public, elected official. We had some, but it’s been years ago,
(inaudible). But, uh, by what authority, well, what authority does the Commissioners Court, us five
including you, Judge, as chairman, have, uh, in this regard?
West: Notta.
Britton: Nothing. No real involvement. –
West: That’s why this, this is just a report sort of a session. We’re not going to take action. You can
sign it, I, all of us can sign it. The people across the street can sign it. A public…a, a county resident has
the right to seek removal of someone from office.
(Inaudible)
Adams: If I’m indicted, I’m gonna expect a petition for removal, soon. If I’m, I mean –
Carroll: Why are you gonna get indicted?
Adams: Well, who knows? (Laughter) You got, uh, (inaudible) Sky Sudderth –
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Britton: You won’t ever file one against me, ‘cause if I’m indicted, I’ll quit. (Laughter)
Adams: Well, there you go. You got the last three of the, the last three elected officials we’ve had in
the county that have been indicted, and maybe further back than that, I can only remember three being
indicted –
Britton: Three, in the last…twenty-four months –
Adams: (inaudible) petition for removal, well, two or three – (inaudible)
Unidentified: She, herself,
(Inaudible)
Britton: Oh, absolutely. –
(Inaudible)
Britton: The cover-up’s worse than the crime a lot of times.
Unidentified: Yeah, this deal’s –
Adams: So, is there something that needs to be done in that office other than…there’s something that
you think she might have on the computer that you’re not aware of?
Unidentified: (inaudible)
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Carroll: Back-up. Can you do back-up on all the computers?
Britton: Well –
Unidentified: Is it automatically done?
Cox: Her system is not attached to our system, obviously –
Britton: But see, that’s the crazy thing about it is, she has known that Nina has known since December.
That’s what I’m saying, if she was going to go, go in there and do something, she would have already
done it and she, she’s waited too long now. Nina’s got all she needs.
West: I will give y’all this (inaudible), you will need to talk to Babs, because Friday afternoon late, Babs
and I and a Ray Bertrand employee went into her office. And the purpose of that was to break her
secret password into that computer, that’s not hooked to our system. Bertrand’s guy (Britton:
Mitchell?) said that…Ray had said that that contains information that’s essential for them to open their
office up every morning, (Britton: But they know it.) that’s why I instructed him to do it.
Britton: Christine knows it! Did you ask her?
West: She knows it….she didn’t know it then, she knows it now.
Britton: Oh, okay.
West: She couldn’t get in. There’s two passwords.
Britton: Oh, okay.
West: She had put her own….
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Britton: Because, it’s the name….her password is the name of the guy that she bought the truck for
where she lied about her……her boyfriend.
West: Anyway, I’m assuming that the tax assessor’s office was open for business this morning, they got
into the computer, because they had to, to reconcile with the state…
Cox: I think we had some concerns, too, that Linda had access to online banking.
(Inaudible)
Cox: which, uh, (inaudible). We kind of, in a round about way, had that turned off a couple of months
ago. Yeah, we (inaudible), because when Ann requested… The one way we could get it turned off was
to have Ann request that online access (inaudible) that, then she could give the password to anybody
that needed access. So we cut everybody off.
West: I, that’s, that’s the reason I had (inaudible) call him Saturday night, to find out about that, ‘cause
I…park my cars in my garage. If she torched my cars, she’ll burn my house down.
Unidentified: James (inaudible).
Britton: I don’t think she, she still –
Unidentified: (Inaudible)
Britton: doesn’t really understand what’s going on –
West: She’s just irrational, though –
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Britton: She is, I mean, she –
West: She’s dangerous when she’s irrational.
Cox: She was like, like –
Grubbs: I saw her yesterday (inaudible).
Cox: (inaudible) She wanted to come in and change all of her (inaudible), she wanted to change the
amount of (inaudible), she wanted to change this… I said “Linda, you cannot change anything right now”
and she got quite irate with me. And I’m thinking “okay, you’re mad at me?” –
Unidentified: But the passwords have been changed since she got indicted?
West: Well, just for the computer that, that the tax assessor has to have.
Grubbs: (Inaudible)
West: I’ll put it this way, she will (inaudible) an effort to exclude her office staff from some of the
essential elements of that office. And we’ve taken steps, I have, to see that that no longer happens.
Nina (inaudible)
Adams: So the girls that are in there, you’ve got to have a couple of girls in there that are loyal to Linda.
Several: No.
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Grubbs: I don’t think you do at this point except the one that’s got the password. (Inaudible)
West: Their – none of ‘em. I’ve had a conversation with all four of them last week, none of them.
(Inaudible)
Adams: And we’ve got people in there that can run the show?
West: Steve, you have people in there that’s known more about that office than Linda has for years.
Grubbs: Linda came to my office about two weeks ago. We told the Texas Ranger about this.
(Inaudible)
Gist: Well, it sounds like that, uh, talking with you and hearing this, that she had been more
forthcoming with her information on her, uh, discussion of this or admitting that there is a problem
than, uh, she has to the media, to the general public, after my reading…scanning newspaper articles
yesterday, that she doesn’t know –
West (in background): Well, the, The Eleven Faces of Eve is a book that I would recommend for you to
read -
Gist: what is –
Britton: And Richard…but Richard, I’ll tell, I’ll tell you this, uh, that –
Gist: I’m not defending her, but, uh, too, we need to –
Britton: But Richard, in the removal –
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West (in background): (inaudible) wakes up that day to where she’s cooperative or surrealistic –
Britton: But Richard, in the, in the removal petition they’ll be, you’ll set forth certain factual allegations
on this day, this is what happened, on this day, this is what happened. The minute that gets filed in the
clerk’s office, that’s public information, so, I would imagine in tomorrow’s paper it’ll be the other side,
not Linda’s side, that will be in the paper. So, by tomorrow morning the Brownwood public’s going to
know that she admitted she stole the money.
Gist: Yeah, he’s (inaudible) up and down the hall.
Britton: Oh, he is. He’s like a, yeah, he’s like a kid (inaudible).
West (in background): I’ll, uh, I’ll take care of that –
Britton: And that’s no problem.
Unidentified: Are you sure your okay with releasing this (inaudible).
Britton: Oh, they’ve been dating –
Unidentified: Okay, good.
Britton: They can’t say…see, we’re not releasing –
Unidentified: I can’t either.
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Britton: We’re not releasing anything –
(Inaudible)
Britton: We can’t.
West: I’ll have (inaudible) petition (inaudible) anytime he wants to.
Unidentified: So who determines that that could take place.
West: The District Judge hears the case.
Unidentified: The District Judge.
West: All you’ve got to do to file a petition, a removal petition is file a sworn plea, pay the court costs,
and maybe get a bond.
Britton: No, the bond is only the person –
(Inaudible)
Britton: whoever is appointed to take their place. (Inaudible)
West: I thought there was some monetary guarantee that if her salary is interrupted and she’s later
exonerated of this crime, the County’s got to pay her –
23
Britton: No, no, the person who takes her place (inaudible).
West: That’s what the bond’s for?
Britton: Right, that’s what the bond’s for.
Gist: That’s, that’s another question I have. Even though a person –
Britton: And, so, when –
Gist: Even though you may be indicted, is that grounds for removal? Again, we’re not doing this, this –
Britton: It’s, it’s not in and of itself grounds, but that’s probable cause that she committed a crime.
West: And, and the crime is of a nature that even if she didn’t physically take the money that she
admitted to, she was way past (inaudible) by not going to Nina or coming to us the first time a deposit
was…what was it?
Cox: Outstanding.
West: Outstanding deposit.
Britton: That’s the whole thing!
Cox: It’s their (inaudible).
24
Britton: But you can’t get past the point that her and Nina talked about this on December the 15th, and
she kept doing it. And December the 15th when Nina told her about it, she could’ve borrowed the
money and said “oh, I just happened to find this bank bag with a deposit that hasn’t been made”, but
she’s –
Unidentified: She also told –
Britton: she couldn’t even figure that out.
Unidentified: KTAB that she’s the one that reported it.
Unidentified: That’s right.
Unidentified: So you don’t –
Gist: Well, that’s too conflicting –
Grubbs: She had written a letter to the editor. I hope it don’t get put in the paper. I saw it –
West: I opened it up.
Britton: (clears throat loudly)
Grubbs: There, there’s a letter on their desk over at the Bulletin. Like I say, I don’t know whether it’s
today’s or… just a letter to the editor had been typed. Whether it had been in the paper or not, I don’t
know.
25
West: George Day wrote the one in there this morning.
Unidentified: He did?
(Inaudible)
Adams: He wrote one in there yesterday morning, too. (Inaudible)
Britton: And I’ll, just, my last, my last parting comment will be, she, in her written statement, she just
kind of makes this real vague, (inaudible). She makes this real vague statement about, there’s a lot of
screwed up things in the Brown County courthouse. And, basically says this all happened because of
poor accounting procedures. That, that she had been caught…not…I shouldn’t say that (inaudible) that
she should’ve been caught earlier. Uh, but there’s, there’s been no indication that this was a lapse, a
lapse in accounting procedures. In fact, I think that our accounting procedures is what caught it. Uh,
but –
West: Well, the, the accounting procedure that you have to have enough money in your account to
cover your checks –
Britton: No, no, no, no. Nina had already –
Cox: This was before the bounced check.
Britton: Yeah, before the bounced check, Nina had caught it. (Pause) First of December, end of
November –
Cox: You know that, because I talked to you.
26
Britton: Yeah.
West: Well, that’s why I said I couldn’t remember if she came to you first or if you went to her because
you had seen some outstanding deposits.
Cox: Well, she came to me –
West: I wasn’t sure when the check bounced.
Cox: the end of…I’m gonna say maybe January (inaudible). Because, you know she had turned in
October’s report and it was all messed up. She didn’t turn in November’s report at all in December.
(Inaudible)
West: Do you know if you had Weldon hired before she came to see you?
Cox: I hired Weldon January the 24th, as soon as I got her November and December reports and they
(inaudible).
Britton: And she didn’t file a November report in December, because her mom was sick.
West: Oh, that’s right.
Britton: And she didn’t file it ‘till January.
Cox: Right.
Gist: So, -
27
(Two separate conversations begin simultaneously)
Conversation #1
Britton: Now, now all the daily ledgers are also gone. That may be the only piece of evidence that she
destroyed.
Cox: She could of destroyed them, but we have ‘em all, because the girls (inaudible)
Britton: Oh, okay, I seen, I seen in the petition that (inaudible) missing for November and December.
Cox: (Inaudible) is December and November. We never had a November one, we only have a December
one. (Inaudible)
Britton: I’ll check that out.
Cox: These are not originals. These are copies that the girls printed out.
(Inaudible)
Cox: She kept saying “I didn’t spend it on clothes”.
Britton: She kept saying that over and over. “I didn’t spend it on clothes.”
28
(Inaudible)
Britton: Well, she bought a fifty thousand dollar pickup. No, two, two of them.
Woods: Two?
Britton: She bought her boyfriend one.
Woods: Oh.
Britton: Oh no, I’m sorry, not her boyfriend, just some guy. She gets mad when you call him her
boyfriend.
(Inaudible)
Britton: There was just three or four thousand down payment. (Inaudible) I mean, she didn’t like pay
fifty thousand cash, but she made the down payment on two different trucks.
Adams: That may have come from petty cash.
Cox: No, not in our accounts.
Britton: No, no, no, no. It was, it was thousands, petty cash is only got seventeen hundred.
(End of Conversation #1)
29
Conversation #2
Gist: The procedure is to (inaudible).
West: The procedure is, he files a restraining order with the Judge. This is what’s called a temporary
restraining order that the…Judge signs and order (inaudible) office temporarily (inaudible) injunction
hearing -
Gist: is temporary. Pardon my question then –
West: (Inaudible) temporary, just temporary. And there’s going to be an injunction hearing where
there’s evidence put on. See we’re requesting that on my sworn petition. We’re requesting her
removal temporarily. And there’ll be a hearing (inaudible) appear, everybody testifies, and probably the
Judge is going to say the temporary restraining order is continued and until this lawsuit (inaudible),
you’re out of office. And in the lawsuit, because the lawsuit is the removal, and then the lawsuit will be
set for trial, an evidentiary trial, and the jury decides whether or not she should be removed from office.
(Inaudible)
(End of Conversation #2)
West: We have made you forty minutes late for your hearing. I appreciate your involvement –
(Inaudible)
30
West: We will be in a position, if she is removed or if she resigns from office –
(Inaudible)
Adams: Okay, here, here’s a question. Is the restraining, is it the restraining order that will keep her
from coming in the courthouse?
West: Well, (inaudible).
Gist: What is the earliest that can be done? If he signs the removal today –
Britton: It can be if they appoint a judge.
West: Yeah, if there’s a judge –
Britton: ‘Cause they’ll fax it to whoever the judge is and he can read over it and sign it.
West: If there’s a judge available today, a TRO is called ex parté, you don’t present evidence or
anything, you just present the petition and he signs it.
Adams: Will they do that?
West: You bet ya.
Adams: That’s what you’re shooting at?
West: Uh-huh.
31
Adams: Okay.
Britton: And that prohibits her from going to the courthouse, contacting anybody in her office, the
auditor’s office, or the treasurer’s office. (Inaudible) But those are important.
Adams: You’re getting blamed for the removal anyway?
West: That’s fine.
Adams: ‘Cause you’re signing it?
West: I’m getting after it.
Adams: And no motion –
West: Blamed by who, idiots?
Adams: No, no, uh, Linda.
(Inaudible)
Britton: Like he said, idiots.
Unidentified: Yeah…idiots.
32
(Inaudible)
West: Okay, uh, is there any other questions or discussion? Obviously, there is no action to be taken in
this executive meeting, but there will certainly be no motions. I can make a statement to the press
about what this was about. Basically, it was just to bring you guys up to speed on something that Nina
and I have kept from you for some weeks. Because –
(Inaudible)
Adams: We had other things going on.
(Inaudible)
West: You probably could ask Valerie about that. That’s a personal question.
Gist: What is your feeling about, uh, this, I guess legal too, anyway, or political, that’s just the nature of
the business. But, uh, that is a very busy office in there from time to time, and a lot of responsible
things go, with a direct tie in to the State of Texas and all that. Uh, I wonder what the feelings are to be,
maybe it’s been this way for some time and they may have just each individually done their job knowing
that there’s some (inaudible). What is your feeling about some responsible person, we’re not in a
position because (inaudible) nature yet, to appoint, I don’t guess, a temporary Tax Assessor Collector or
would it be, uh…considering, maybe, uh, the appointment of an acting, uh, I’m wondering, we’re not
there yet.
West: I’ll have to look into that. I’ll have to look in to see what the status of the appointments would
be. I’m pretty sure, though, that until there is actually a final removal, the temporary restraining order
33
does not advocate for us to appoint someone. But, the chief deputy or deputies have been acting in
that capacity. And I have talked to all four of those girls. They’re all (inaudible), they want to stay. The
only thing I see is a slight, it’s not an animosity, it’s just sort of an ambivalence between the one with the
curly long red hair, Christine, and the one with black hair, Tammy. They kind of, it’s not that they don’t
gee-haw, they’re just not cut from the same material. But, they both said they could tolerate each other
(inaudible). Otherwise, everybody’s pretty happy.
(Inaudible)
West: But, the feeling that they expressed to me was one of relief, when I talked to them last week.
They asked to come, I didn’t ask to see them, they asked to see me. And there was, each one of them
later thanked me for even talking to them. They had been in the dark. They have been each scared for
fear of Linda firing them or, when Linda’s gone, the chief deputy firing them. I mean, Linda has been
playing head games with these girls, each one of them, just pitting them against the other one.
(Inaudible)
West: Well, see that’s the way she, Linda’s been accusing all of them, basically, saying, you know,
“someone else in this office stole, and I’m going to find out who it is”.
(Inaudible)
West: All in favor. (Pause) Okay.
(Inaudible)
End of Transcript
(This is not a certified transcript.)
34
1
1 REPORTER'S RECORD
VOLUME 1 OF 2 VOLUMES
2
TRIAL COURT CAUSE NO. CR-18107
3
4 THE STATE OF TEXAS ) IN THE DISTRICT COURT

)
5 )
)
6 )
VS. ) BROWN COUNTY, TEXAS
7 )
)
8 )
DONNIE BARNUM ) 35TH JUDICIAL DISTRICT
9
10
11
12 ------------------------------
13 HEARING ON MOTION TO REVOKE PROBATION
14 ------------------------------
15
16
17
18 On the 8th day of December, 2011, the following
19 proceedings came on to be heard in the above-entitled
20 and numbered cause before the Honorable Judge Charles
21 Chapman, Judge presiding, held in Brownwood, Brown
22 County, Texas;
23 Proceedings reported by machine shorthand.
24
25
CRISTI L. ESCOBAR OFFICIAL COURT REPORTER

325-646-4057
1 A-P-P-E-A-R-A-N-C-E-S
2
FOR THE STATE:
3
MR. TOMMY ADAMS
4 Assistant District Attorney
State Bar No. 00885200
5 200 S. Broadway
Brownwood, Texas 76801
6
7 And
8 DAN RYAN LOCKER

Assistant District Attorney
9 State Bar No. 24046307
200 S. Broadway
10 Brownwood, Texas 76801
11
Attorneys for the State of Texas;
12
13 MELVIN GRAY
Attorney at Law
206 West College Avenue
15 San Angelo, Texas 76903
16
And
17
JUSTIN MOCK
18 Attorney at Law
State Bar No. 24064155
19 206 West College Avenue
San Angelo, Texas
20
21 JENNIFER RIGGS
Attorney at Law
700 Lavaca Street
23 Suite 920
Austin, Texas
24
Attorneys for the Defendant.
25
...........................................

325-646-4057
1 (Open court. 10:12 o'clock a.m.)
2 The COURT: At this time, the Court will
3 call cause number 18,107; State of Texas versus Donnie
4 Barnum for purposes of hearing a Motion to Revoke
5 probation.
6 MR. ADAMS: State is ready.
7 THE COURT: Defendant ready?
8 MR. MOCK: Defendant is ready, subject to

a
9 couple of things, Your Honor. First is, we have a
10 Motion to Strike that we need the Court to take up.
11 THE COURT: All right.

12 MR. MOCK: Then we have an issue with one
13 of our witnesses is not here, apparently. That was
14 properly subpoenaed through the County Clerk.
15 THE COURT: All right. First of all, I
16 think at some point in this case, my understanding was
17 when I originally got involved in this, this was a
18 motion to -- your motion to get off probation; is that
19 correct?
20 MR. MOCK: Yes, sir.
21 THE COURT: That's what started this.

Then
22 they filed a Motion to Revoke.
23 MR. MOCK: That's correct.
24 THE COURT: Obviously, there is no point
25 until we get the Motion to Revoke out of the way, I'm

325-646-4057
1 not taking up anything to do with your first motion.
2 MR. MOCK: Correct.
3 THE COURT: It almost becomes moot after
4 this. At least for the -- at this point. So, the
5 first thing is, you're telling me you want to take up

6 this Motion to Strike.
7 MR. MOCK: Yes, Your Honor.
8 THE COURT: All right. Go ahead.
9 MR. MOCK: Your Honor, an original MTR

was
10 filed in this cause on October 21st, 2010. The only
11 offense or violation that was stated in that Motion to
12 Revoke was a Conspire to Circumvent Secret

Deliberations
13 in Brown County.
14 That was the only allegation that the
15 Defendant had violated his probation.
16 MR. MOCK: This hearing was originally

set
17 for November, then continued. On December 6, the State
18 faxed a Second Amended Motion to Revoke, wherein they
19 changed that first violation of Conspire to Circumvent
20 Secret Deliberation in Brown County to an actual

offense
21 of Disclosure of Certified In Chamber Tape Recordings

of
22 a Closed Meeting which falls under Texas Government

Code
23 No. 551.146.
24 Now, they have filed a response to my
25 Motion to Strike, and their argument basically is that

325-646-4057
1 that is a ministerial change.
2 Defendant would argue that is absolutely
3 not true, Your Honor. The change goes from a violation
4 that doesn't even exist as an offense, there is not

even
5 an offense in the State of Texas called Conspire to
6 Circumvent Secret Deliberations in Brown County. It
7 goes from a violation that is not even an offense to an
8 actual offense.
9 That is not a ministerial change. Under
10 the Texas Code of Criminal Procedure 42.12, Section

21B,
11 the law is very clear. They have seven days to amend
12 their Motion to Revoke unless they can show good cause.
13 Well it is clear that the State had
14 knowledge of the facts that gave rise to their new
15 551.146 violation.
16 They should have -- If that is what they
17 wanted to charge my client with and allege that he
18 committed to violate his probation, they should have

put
19 that in the October 21st MTR. They could have put that
20 in the November 15 First Amended Motion to Revoke when

21 they added the alleged gun charges.
22 But, no, they wait until two days before
23 the hearing and then, assert, "Oh, well, it's just
24 ministerial."
25 We would ask, Your Honor, that you either

325-646-4057
1 do one of two things: First, refuse the second motion,
2 Amended Motion to Revoke, or in the alternative, strike
3 violation one of the Second Amended Motion to Revoke

and
4 just move forward on violations -- the remaining
5 violations.
6 MR. ADAMS: Judge, I'll reiterate what my
7 response says, is that the opposing side knows what we
8 were attempting to prove at that point in time or what
9 our evidence would be, I would ask the Court to carry
10 along the Motion to Strike rather than me sit here and
11 put on 3 or 4 different witnesses trying to prove to

the
12 Court that there is no surprise, this is ministerial,
13 they knew what the violation was, and they knew what
the
14 facts were underneath it.
15 Judge, as far as articulating the offense
16 correctly and siting the correct site of the offense, I
17 mean, I go back to the deal, Judge, it's no surprise,

if
18 the Court feels that it can't rule at this point, we
19 would ask you to carry it along and listen to the
20 evidence that will come before the Court today. We

have
21 about six hours worth of stuff.
22 And that is pretty much our argument,
23 Judge. They knew exactly what we were alleging.
25 MS. RIGGS: Your Honor, May we respond?

325-646-4057
1 THE COURT: You may.
2 MS. RIGGS: For the record, my name is
3 Jennifer Riggs making my first appearance in the case

on
4 behalf of Donnie Barnum.
5 In fact, the first charge read as

initially
6 drafted was that Mr. Barnum committed the offense of
7 Conspire to Circumvent Secret Deliberations in Brown
8 County.
9 Now there actually is a provision of the
10 Texas Open Meetings Act to which that language
11 correlates. And that is 551.143, to be exact, which
12 applies to a member or a group of members of a
13 governmental body.
14 The whole purpose for that is to prevent
15 governmental bodies from going out and talking to each
16 other outside an open meeting or engaging in secret
17 deliberations in numbers of less than a quorum so they
18 circumvent the Open Meetings Act.
19 What is significant about it is 551.143

of
20 the Open Meetings Act can only apply by its plain
21 language to a member or group of members of a
22 governmental body.
23 So what that means is that when we first
24 saw this complaint, it was one that you could have
25 dispensed with as a matter of law just looking at the

325-646-4057
8
1 statute itself. Now, what they did just on Tuesday,
2 was amend it to be something totally different. What
3 they alleged was that Mr. Barnum conspired to release

to
4 the public a certified agenda of a meeting that had

been
5 closed.
6 That is a very, very different provision.
7 That falls under 551.146 of the Open Meetings Act.

And
8 it is a little bit different language. We think, like
9 the other one, it applies only to employees of a
10 governmental body who has custody or control of a
11 certified agenda or a tape recording of a closed
12 session.
13 Because the statute actually says that

the
14 offense is knowingly disclosing it to a member of the
15 public.
16 So, we have a similar argument that it
17 can't apply to Mr. Barnum, but it also only applies to

a
18 meeting -- certified agenda of a meeting that was
19 lawfully closed.
20 Plus, the statute itself has defenses if

a
21 member -- if someone who is accused of the offense had

22 good cause to believe that the disclosure is
authorized,
23 or if the disclosure is the result of a mistake of

fact.
24 Now, what happened here, what that brings up is all the
25 facts. And what you'll see, if you hear evidence on

325-646-4057
1 this issue, instead of striking, it is that, what
2 happened was that a woman named Mrs. Wilcox was

directed
3 to the place where the county records were kept, when
4 she made a request for public records.
5 And we think the evidence will show that
6 while she was down there, she found a tape. And did
7 make a copy of the tape, and the tape was transcribed.
8 There was nothing on the tape, they sealed it and

signed
9 it, she was directed there by county employees.
10 So we think the evidence would show --

the
11 evidence on that offense would show that there was good
12 reason to believe that the disclosure was lawful and/or
13 that the disclosure was the result of mistake of fact.

14 And that's significant, because that's a
15 totally different set of facts that we're expected to
16 come up within two days. Two days before the hearing.
17 Now, we do have Mrs. Wilcox subpoenaed.
18 That's the witness that Mr. Mock mentioned had been
19 subpoenaed through the Clerk's office, but we don't see
20 her in the courtroom. We checked outside, but we don't
21 believe she is outside.
22 So, she is a very, very important witness
23 for us on these facts. We've scrambled to be ready to
24 respond to this second new charge, but it is a very,
25 very different charge that involves a great deal of

fact

325-646-4057
10
1 questions beyond simply what the county has alleged

with
2 respect to --
3 THE COURT: All right. I will shorten

this
4 some. I'm going to grant this motion to strike, you
5 have 9 or 10 other counts you can go on, we will just

go
6 on them. I will grant the motion to strike on that

one.
7 MR. ADAMS: All right. The first

witness
8 will be Nick Hanna.
10 (Witness sworn)
11 THE COURT: You may proceed.
12 DIRECT EXAMINATION
13 BY MR. ADAMS:
14 Q. Ranger Hanna, state your full name, your
15 occupation and how long you have been with the
16 Department.
17 A. My full name is John Nicholas Hanna. I go by
18 Nick. I'm a Texas Ranger, Texas Department of Public
19 Safety. I have been so employed with the Texas
20 Department of Public Safety since February of 1995. I
21 have been in the rangers since September 1st, 2003.
22 Q. And sometime back in 2005, did you begin an
23 investigation concerning an alleged offense against
24 Donnie Barnum?
25 A. I did, sir.

325-646-4057
11
1 Q. And do you recognize Donnie Barnum here in the
2 courtroom today?
3 A. Yes, sir.
4 Q. Point him out, tell the Court what he is
5 wearing.
6 A. Mr. Barnum is seated at the defense table
7 wearing orange and white jail clothing and handcuffs.
8 Q. And would you tell the judge what was the
9 nature of the offense alleged?
10 A. There were two different offenses. Official
11 oppression and also tampering with a evidence.
12 Q. And as far as the facts surrounding the
13 offenses, briefly in narrative form, tell Judge Chapman
14 exactly what that was about.
15 A. Um, a former employee of Mr. Barnum approached
16 me, I believe In Early 2005 -- I cannot remember his
17 name -- in regards to an issue over payment of wages
18 from Mr. Barnum in which he believed Mr. Barnum had
19 shorted him on payment.
20 I instructed him it was a civil matter

and
21 directed him to the local Justice Court. He did follow
22 my advice, and ultimately won a judgment against
23 Mr. Barnum.
24 A short time after that, the individual

was
25 driving past Mr. Barnum's place of business here in

325-646-4057
12
1 Brownwood. Mr. Barnum attempted to pull him over. It
2 he wasn't really on patrol, and the issue was did he
3 have loud mufflers and/or was it a personal vendetta.
4 They had a short pursuit. The guy -- The
5 man ran into his residence. Mr. Barnum chased him in
6 there. They had a physical altercation which depending
7 on Mr. Barnum's statement or the victim's statement,

and
8 witness statements, differ about where the altercation
9 ensued. Some of the evidence was moved prior to our
10 arrival.
11 And so, through subsequent investigation
12 and interviews, I presented the case to the District
13 Attorney's office, and ultimately ended up in trial and
14 there were three guilty verdicts that resulted as

result
15 of that investigation.
16 Q. All right. One of those guilty verdicts was a
17 felony tampering with evidence charge; is that correct?

18 A. Yes, sir.
19 Q. And the other two were official oppression
20 issues, Class A Misdemeanor?
21 A. Yes, sir.
22 Q. And did this occur back around September 14 of
23 2005 here in Brown County?
24 A. Yes, sir.
25 Q. And would the name Gary Lee Joyner, would that

325-646-4057
13
1 possibly be the victim in the case?
2 A. I recognize that name, yes, sir.
3 Q. Did -- Was Mr. Joyner arrested that day?
4 A. No. He was not.
5 Q. As a matter of fact, there were numerous
6 conflicting statements between what Mr. Barnum stated
7 went on and what actually the officers --
8 MR. MOCK: I will object to this line of
9 questioning as to relevance. I mean, we're here on

the,
10 basically, 2009-2010 allegations as to possession of a
11 firearm. We will stipulate Mr. Barnum is a convicted

12 felon. This is pointless.
13 THE COURT: All right. Let's move on,
14 then. I will grant that.
15 Q. (By Mr. Adams:) Ultimately, there was a trial
16 and Mr. Barnum was convicted of tampering with

evidence,
17 is that correct?
18 A. Yes, sir.
19 Q. Third degree felony?
20 A. Yes, sir.
21 Q. Were you Chief Investigator in the case?
22 A. Yes, sir.
23 Q. And did he ultimately agree to a plea bargain
24 of ten years in the State -- I'm sorry, 10 years in

the
25 Texas Department of Criminal Justice Institutional

325-646-4057
14
1 Division, probated for ten years?
2 A. As I recall, yes, sir.
3 Q. And the various asundry terms and conditions

of
4 probation here in Brown County, is that correct?

5 A. Yes, sir.
6 Q. May I approach?
7 THE COURT: Yes, sir.
8 Q. (By Mr. Adams:) Ranger Hanna, would you tell
9 me what State's Exhibit 1 is?
10 A. State's Exhibit 1 is a 66 -- excuse me --
11 55-page report. This is my offense report from my
12 investigation involving Mr. Barnum and Mr. Joyner.
13 Q. All right. Is that the total offense report
14 for the investigation during that full time of the
15 investigation time proximity? (Sic)
16 A. As far as my written report, yes, sir.
17 Q. Did you make that report in accordance with
18 protocol?
19 MR. MOCK: We have stipulated, same
20 objection. We don't need the original offense report

for
21 the original arrest. Same objection.
22 MR. ADAMS: This is a Motion to Revoke
23 hearing. It's an administrative hearing, for the
24 Court's edification, as for the offense to which he is
25 on probation.

325-646-4057
15
1 THE COURT: Overrule the objection.
2 Q. (BY MR. ADAMS) Did you make this report in
3 close time proximity to when the actual events that you
4 recorded therein occurred?
5 A. I did, sir.
6 Q. Judge, we tender State's 1.
7 THE COURT: All right. I will overrule

that
8 objection, it will be admitted.
9 MR. ADAMS: Pass the witness.
10 CROSS-EXAMINATION
11 BY MR. MOCK:
12 Q. Were you aware at all that an Assistant D.A.
13 had advised Mr. Joyner, the victim that you spoke of,
to
14 evade arrest of Mr. Barnum?
15 A. Not an Assistant D.A., to my recollection. I
16 do recall that he had a conversation with the former
17 Brownwood Police Chief, Virgil Cowan.
18 Q. Okay. Were you aware that the County Attorney
19 at that time advised Mr. Joyner to evade arrest from
20 Mr. Barnum --
21 A. I'm sorry, Sir. I may have known that, but I
22 don't recall six years later.

23 Q. Okay.
24 A. I do recall the Chief. That's the one I seem

to
25 recall.

325-646-4057
16
1 Q. You don't recall Mr. Britton ever saying that?
2 A. I would ask him on the stand, sir.
3 Q. All right. No questions, Your Honor.
4 MR. ADAMS: If I can re-direct just
5 briefly.
6 REDIRECT EXAMINATION
7 BY MR. ADAMS:
8 Q. Ranger Hanna, just since they have opened this
9 door, did Mr. Barnum basically break into Mr. Joyner's
10 house or break the door down?
11 A. Yes, sir.
12 Q. Without a warrant?
13 MR. MOCK: Objection, I don't believe we
14 opened that door.
15 THE COURT: Go ahead. I will overrule

that
16 objection.
17 A. He did not have a warrant, no, sir.
18 Q. BY MR. MOCK: It was a traffic infraction that
19 he was trying to stop him for?
20 A. Yes, sir.
21 Q. What was that traffic infraction?
22 A. Loud mufflers, I believe.
23 Q. Ultimately assaulted Mr. Joyner in his home?
24 A. Physical altercation ensued. Mr. Joyner did
25 sustain some injuries.

325-646-4057
17
1 Q. And Mr. Joyner was trying to call 9-1-1 at the
2 time; is that correct?
3 A. Yes, sir.
4 Q. And his elderly mother-in-law witnessed this

in
5 the house?
6 A. She did, yes, sir.
7 Q. Ultimately, Donnie Barnum tore Mr. Joyner's
8 phone out of the wall, is that correct?
9 A. Yes, sir.
10 Q. Throwed it outside?
11 A. That's correct.
12 Q. Pass the witness.
13 MR. MOCK: No questions, Your Honor.
14 THE COURT: You may step down.
15 MR. ADAMS: Call Gary Joyner.
16 THE COURT: Come up and have a seat right
17 there. Raise your right hand.
18 (Witness sworn)
19 GARY LEE JOYNER,
20 Sworn as a witness, was examined and testified as
21 follows:
22 DIRECT EXAMINATION.
23 BY MR. ADAMS:
24 Q. State your full name and address.
25 A. Gary Lee Joyner, 1611 Main Boulevard,

Brownwood

325-646-4057
18
1 Texas.
2 Q. How long have you live here in Brownwood?
3 A. Most of my life.
4 Q. At one time prior to the end of 2005, did you
5 work for Donnie Barnum?
6 A. Yes, sir.
7 Q. And is that him over here in the jail clothes
8 to my right?
9 A. Yes, sir.
10 Q. What did you do for Mr. Barnum?
11 A. I was a truck driver, equipment operator.
12 Q. How long have you worked for him?
13 A. Um, a week and a few days, maybe a week and a
14 half.
15 Q. At that time, alongwith being constable, he

had
16 heavy machinery, dirt moving kind of occupation or
17 business on the side; is that correct?
18 A. Yes, sir.
19 Q. Okay. You hauled material for him, aggregate?
20 A. Yes, sir.
21 Q. What made you quit?
22 A. I had an argument with him about pay, he
23 wouldn't pay me.
24 Q. Did you ultimately obtain a judgment against
25 him in J.P. court.

325-646-4057
19
1 MR. MOCK: At this time we object to the
2 relevance. We're here on the gun violations. That's
3 what we're here on.
4 MR. ADAMS: This is the last witness, for
5 the Court's edification, as to what transpired.
6 MR. MOCK: What edification? We

stipulated
7 he is a convicted felon.
8 THE COURT: Sustain the objection. I

take
9 judicial knowledge that the Defendant was convicted on
10 whatever date he was found guilty on.
11 Q. (BY MR. ADAMS) Did you ultimately have an
12 altercation with --
13 MR. MOCK: Objection, you sustained it.
14 We're done.
15 MR. ADAMS: Nearly finished.
16 THE COURT: Overruled. Let him answer

this
17 question.
18 A. Yes, sir.
19 (BY MR. ADAMS)
20 Q. Okay. You heard Ranger Hanna's testimony?
21 A. Yes, sir.
22 Q. Is that pretty much what happened?
23 A. Yes, sir.
24 Q. (By Mr. Adams:) I'll pass the witness, Judge.
25 MR. MOCK: No questions.

325-646-4057
20
2 MR. ADAMS: We will call Ranger Danny
3 Crawford.
4 (Witness sworn)
6 BY MR. ADAMS:
7 Q. Ranger, state your full name name, occupation,
8 how long you have been in the Department, where your
9 station is.
10 A. Danny Crawford. I have been with the
11 Department of Public Safety since January of 1987.
12 Became a Ranger, joined the Ranger service in
13 January 1st, 2009. Currently stationed here in
14 Brownwood.
15 Q. A few months back, did I ask you to conduct an

16 investigation concerning the Defendant, Donnie Barnum?
17 A. Yes, sir, you asked me to verify some
18 information that came forth in a trial.
19 Q. Okay. Would you tell Judge Chapman what that
20 was?
21 A. Yes, sir. A Mrs. Wilcox testified in the 35th
22 Judicial Court during the trial of Joe Cooksey
23 concerning the -- how she came into possession of a
24 recorded, closed executive session.
25 MR. MOCK: I will object to this evidence

325-646-4057
21
1 as well. You granted my Motion to Strike which means

the
2 entire circumvent, Wilcox-Cooksey issue, is irrelevant.
3 We are only proceeding on the guns.
5 MR. MOCK: Unless he can offer any

evidence
6 whatsoever to the allegation regarding the gun, I would
7 say this line of questioning is irrelevant.
8 MR. ADAMS: It is relevant to punishment

as
9 well as how we ultimately discovered the guns and
10 ammunition.
11 THE COURT: I overrule that, but let's

make
12 it short.
13 Q. (By Mr. Adams:) What did your investigation
14 ultimately reveal?
15 A. Mrs. Wilcox had obtained a tape recording of

an
16 executive session of Brown County Commissioners Court
17 from the courthouse.
18 She had listened to it and provided it

and
19 then gave it to Donnie Barnum who made a transcript --
20 transcribed the tape.
21 Ultimately, Donnie provided the
22 transcription and the tape to Joe Cooksey. And that
23 resulted in Mr. Cooksey's subsequent trial and
24 conviction.
25 MR. ADAMS: All right. If I may

approach,

325-646-4057
22
1 Your Honor.
3 MR. ADAMS: I will show you, Ranger, what
4 has been marked as State's Exhibit 2. Would you tell
5 the Court what that is?
6 A. This is the report that I wrote documenting
7 the -- basically what I found in my investigation.
8 (BY MR. ADAMS)
9 Q. Did you write that under the protocol that the
10 Texas Department of Public Safety has concerning your
11 reports?
12 A. Yes, sir.
13 Q. Did you do that as soon after the facts that
14 the events transpired, did you record those in this
15 report?
16 A. Yes, sir, I did.
17 Q. Judge, we tender State's 2.
18 MR. MOCK: I would assert the same
19 relevance objection as asserted on States Exhibit 1.
20 THE COURT: It will be overruled. It

will
21 be admitted.
22 MR. ADAMS: Pass the witness.
23 . CROSS-EXAMINATION
24 BY MS. RIGGS:
25 Q. Did you question Mrs. Wilcox personally?

325-646-4057
23
1 A. No, Ma'am, I did not. She wouldn't return a
2 call and I couldn't get her at home. Come to find out,
3 she was at the hospital with a sick relative.
4 Q. Has she been charged with the offense of
5 violation of 551.146 of the Open Meetings Act?
6 A. You're going to have to give me the title of
7 that section you're quoting there, Ma'am.
8 Q. All right. Well, I've got your copy of your
9 report here. What was your understanding of the nature
10 of the offense?
11 A. The disclosure of the executive session, the
12 minutes, what transpired in it, Ma'am.
13 Q. All right. And are you familiar with the
14 provision --
15 A. Not entirely, Ma'am. I took that title of

that
16 report, that section, off of the title of what Mr.
17 Cooksey's investigation was opened by the ranger that
18 conducted that investigation. (Sic)
19 Q. Who directed you to begin this investigation?

20 A. The District Attorney's office asked me to
21 review the testimony of Mrs. Wilcox and to interview

Mr.
22 Cooksey.
23 Q. And I believe your report says that was
24 Thursday, September 30th. I'm thinking September 30th
25 was a Friday. Do you remember if it was Thursday or

325-646-4057
24
1 Friday?
2 A. Ma'am, I don't. I would have to look at a
3 calendar.
4 Q. Who was it again who told you to initiate the
5 investigation?
6 A. The request from the District Attorney's
7 office.
8 Q. That was the date following the indictment of
9 county commissioner Steve Adams, is that correct?
10 A. I don't recollect, Ma'am. I don't know. I
11 mean --
12 Q. No idea?
13 A. No, I mean, I --
14 Q. Do --
15 A. Go ahead.
16 Q. Do you know whether Mr. Barnum was to be a
17 witness against Mr. Adams?
18 A. Not to my knowledge.
19 Q. Do you know whether Mr. Barnum's father,

Stormy
20 Barnum, was a witness against Mr. Adams?
21 A. I believe Stormy testified before the Grand
22 Jury, yes, ma'am.
23 Q. And that was just the day before you were

asked
24 to investigate Mr. Barnum, is that correct?
25 A. I would have to look at the calendar, ma'am.

325-646-4057
25
1 Q. Or the actual indictment of Mr. Adams?
2 A. Either way. Either way.
3 Q. Now, was Mr. Barnum a custodian of records for
4 the county at the time?
6 Q. Was Mrs. Wilcox a custodian of the records of
7 the county?
9 Q. Was Mr. Cooksey a custodian of records for the
10 county?
12 Q. Okay. So, if they weren't the custodian of

the
13 records, were they the ones who put the records in
14 amongst the public records for Mrs. Wilcox to obtain?
15 A. I don't know about that.
16 Q. Isn't it true that Mrs. Wilcox asked the

County
17 Clerk for public records?
18 A. I don't know about that, Ma'am. I have no
19 idea.
20 Q. Were those questions you wanted to ask before
21 you accused of someone of a crime?
22 A. I was asked to review the testimony and to
23 interview Mr. Cooksey to verify whether or not that is
24 what occurred.
25 Q. Did Mr. Cooksey mention to you he had appealed

325-646-4057
26
1 the issue?
2 A. Oh, yes, ma'am.
3 Q. Now, are you familiar with the fact that --
4 what made you think that the certified agenda was a
5 confidential record, or the tape recording in issue?
6 A. It's an executive session.
7 Q. Isn't it true that the statute says that only
8 the tape recording of a meeting that was lawfully

closed
9 to the public is subject to that? May I approach?
10 THE COURT: Yes, ma'am.
11 (BY MS. RIGGS:)
12 Q. I will hand you a copy of Section 551.146. I
13 have one for Mr. Adams. Just if you could refresh your
14 recollection about the law itself.
15 If you could tell the Court, look at that
16 subsection A there where it says, "An individual,
17 corporation, partnership that without lawful authority
18 knowingly discloses to a member of the public the
19 certified agenda or tape recording of a meeting that

was
20 lawfully closed to the public commits an offense."
21 That is what it says?
22 A. That's what it says, yes, Ma'am.
23 Q. Now, do you know what the Notice of this
24 meeting at issue was?

25 A. No, Ma'am, I do not.

325-646-4057
27
1 Q. Do you know what the notice requirements of

the
2 Open Meetings Act are?
3 A. No, Ma'am, I do not.
4 Q. Do you know whether the Open Meetings Act
5 requires that governmental body give the public notice
6 of the subject to be discussed so that the public will
7 know what is going to be discussed at the closed
8 meeting?
9 A. No, Ma'am. I wasn't asked to investigate the
10 meeting, Ma'am. I was asked to investigate two points.
11 Q. So, you assumed that the tape of the closed
12 meeting was in fact, a confidential document, correct?
13 A. Yes, ma'am. It's been utilized to convict one
14 person.
15 Q. All right. But, if, in fact -- and this Court
16 has the authority to decide that it is not, in fact, a
17 confidential document -- If in fact, your assumption is
18 wrong that it is not a confidential document, then

there
19 wouldn't be an offense, would there?
20 MR. ADAMS: Object, Your Honor, that is
21 argumentative.
22 THE COURT: Sustained. Move on.
23 Q. (BY MS. RIGGS) Did you ask Mr. Cooksey

whether
24 he believed that the disclosure was lawful of the tape
25 recording?

325-646-4057
28
1 A. No, Ma'am. My question of Mr. Cooksey was
2 where he got it from. How he obtained it.
3 Q. You didn't ask him whether he had good reason
4 to believe whether the disclosure was lawful?
5 A. No, Ma'am.
6 Q. You didn't ask him whether there was a mistake
7 about why that tape recording was with the public
8 records, did you?
9 A. No, Ma'am.
12 BY MR. ADAMS:
13 Q. Just to clear something up, Ranger, as far as
14 Ms. Wilcox goes, the statute of limitations on that
15 offense had run when we discovered that she had made

the
16 statement that Mr. Barnum had prepared that document

and
17 provided it to Mr. Cooksey for disclosure, is that
18 correct?
19 A. Yes, sir.
20 Q. And that he had transcribed the executive
21 session of the Brown County Commissioners Court in
22 attempt to hurt the County Judge and/or the County
23 Attorney, is that your understanding?
24 A. I don't know what his motive for doing it was.
25 Q. But his issue was, he broke this law when he

325-646-4057
29
1 was on this probation, didn't he?
2 A. Yes, sir.
3 Q. As far as the mix-up in the allegations goes
4 that were quashed today, basically, our amended --

First
5 Amended Motion to Revoke Probation alleged that he had

6 committed the offense of Conspiring to Circumvent
Secret
7 Deliberations in Brown County, Texas, is that right?
8 A. Yes, sir.
9 Q. Is that in your report?
10 A. Yes, sir.
11 Q. Okay. Did you get that off the initial report
12 of the investigation of Joe Cooksey?
13 A. Yes, sir; I did.
14 Q. But, he was ultimately convicted of basically
15 the Improper Disclosure of Certified Agenda of
16 Section 551.146 of the Texas Government Code?
17 A. That's my understanding.
18 Q. As we alleged on December 6; is that correct?
19 A. Yes, sir.
20 Q. May I approach, Your Honor?
21 THE COURT: Yes.
22 (BY MR. ADAMS:)
23 Q. I will show you, Ranger, what has been marked
24 State's Exhibit 3. Just look at it for a minute, tell
25 me whether or not you know what that is.

325-646-4057
30
1 A. Yes, sir.
2 Q. Is that a certified copy of the Judgment in
3 which Joe Cooksey was convicted of the offense of
4 Improper Disclosure of Certified Agenda?
5 A. Yes, sir. It is.
6 Q. Do you see Joe Cooksey here in the audience
7 today?
8 A. Yes, sir. I do.
9 Q. Would you point him out?
10 A. Mr. Cooksey is seated over here next to the
11 window on the back row wearing a dark colored jacket,
12 tie.
13 Q. And according to your investigation, this is

in
14 Cause Number 1879, (Sic) County Court at Law, Brown
15 County, Texas, is this one and the same as the Joe R.
16 Cooksey that is the defendant herein?
17 A. The defendant in here?
18 Q. Yes, sir.
19 A. Yes, sir, that's Mr. Cooksey back there in the
20 back of the courtroom.
21 MR. ADAMS: We tender State's 3.
22 MR. MOCK: No objection.
23 THE COURT: Admitted.

24 (BY MR. ADAMS: )
25 Q. One last question, Ranger. Did Mr. Cooksey

325-646-4057
31
1 admit to you that Donnie Barnum had provided to him

that
2 transcript of that executive session of commissioners
3 of Brown County court?
4 A. Yes, sir.
5 Q. Subsequently Joe Cooksey was convicted of the
6 offense of improper disclosure of certified --
7 A. Yes, sir.
8 Q. Based upon what Donnie Barnum gave him?
9 A. Yes, sir.
12 BY MS. RIGGS:
13 Q. Mr. Crawford, does the District Attorney
14 routinely ask you to investigate misdemeanor offenses?
15 A. Yes, ma'am. I get a lot of requests from the
16 District Attorney for various reasons. Some of them

are
17 misdemeanors, some are felonies.

18 Q. And how much -- Have you ever before been
asked
19 to investigate an open meetings violation?
20 A. No, Ma'am. And that is not the investigation

I
21 conducted here. Because when I was initially asked to
22 do this investigation, when I looked at the statute, I
23 came back to the District Attorney saying, Look, their
24 statute of limitations has expired. There isn't an
25 offense here. The actual investigation I did here is a

325-646-4057
32
1 violation of probation.
2 Q. So, standing outside, if we were not in the
3 context of a Motion to Revoke, you couldn't have

brought
4 this, you wouldn't have an offense?
5 A. No, Ma'am.
6 Q. Have you ever before been asked to look,

either
7 in context of an initial offense or in a motion to
8 revoke, have you ever been asked to look at an alleged
9 wrongful disclosure of certified agenda before?

10 A. No, Ma'am.
11 Q. And at the time you looked at this, there was
12 no hint of any gun violation, was there?
13 A. No, Ma'am.
14 Q. So this whole issue over the disclosure of the
15 certified agenda is what, then, led to a search of
16 Mr. Barnum's residence, isn't that true?
17 A. I know nothing about the search, ma'am.
18 Q. Thank you, sir. No further questions.
20 BY MR. ADAMS:
21 Q. Do you have a copy of the transcript of Carol
22 Wilcox's testimony back in March of 2011 in Joe
23 Cooksey's trial?
24 A. Yes, sir.
25 Q. Can you give that to me after you step down?

325-646-4057
33
1 A. Yes, sir.
2 Q. Judge, no further questions.
3 MS. RIGGS: No further questions.
4 MR. ADAMS: We call Carol Wilcox.

5 THE COURT: Please raise your right hand
6 and be sworn.
7 (Witness sworn by the Court)
8 CAROL WILCOX,
9 Called as a witness, having been sworn to tell the
10 truth, was examined and testified as follows:
12 BY MR. ADAMS:
13 Q. Ms. Wilcox, state your full name and address.
14 A. Carol Francis Richard Wilcox, 8851 County Road
15 133, Brownwood, Texas.
16 Q. How long have you lived in Brownwood?
17 A. About four years.
18 Q. Are you married?
19 A. Yes, sir.
20 Q. Do you know Donnie Barnum?
21 A. Yes, sir.
22 Q. Can you describe to the Court what he is
23 wearing and where he is seated?
24 A. Wearing an orange and white striped outfit.
25 And he is sitting to my left.

325-646-4057
34
1 MS. RIGGS: We object to this continued
2 effort by the prosecution just to get it over and over
3 in the record that they forced Mr. Barnum to be here in
4 his jail suit and his handcuffs.
5 It is not necessary and unduly

prejudicial.
6 We stipulate that our client is with us at counsel
7 table.
8 THE COURT: They are entitled to have the
9 witness identified.
10 MS. RIGGS: We object to the description

of
11 what he is wearing.
12 THE COURT: It speaks for itself.
13 (BY MR. ADAMS)
14 Q. Did you testify on January 12 of 2011 -- when

I
15 said March while ago, it was January 12 of 2011 -- here
16 in Brown County here in the trial of Joe Cooksey?
17 A. I don't remember the exact date of it.
18 Q. Do you remember?
19 A. But yes, I did.
20 Q. How long have you known Donnie Barnum?
21 A. I don't know. Since we have been here.
22 Q. Four years, at least?

23 A. Uh-huh.
24 Q. Did y'all attend church together?
25 A. Yes, sir.

325-646-4057
35
1 Q. What church would that be?
2 A. Bangs Church of Christ.
3 Q. Okay. How long have you been attending the
4 Bangs Church of Christ?
5 A. We don't attend there. We attend now in
6 Brownwood, but we were there a couple of years, at
7 least.
8 Q. Okay. Now, did you know who Margaret Woods

was
9 at one time in your life?
10 A. Yes, sir.
11 Q. Who was she?
12 A. She was the county -- head of the County
13 Clerk's office.
14 Q. How did you come to know Margaret?
15 A. Um, when I went to look up records on my
16 property at the County Clerk's office.

17 Q. You came to know her?
18 A. Somewhat.
19 Q. Did you know that she had served as a public
20 servant here in Brown County for a long period of time,
21 especially with the County Clerk?
22 A. No, sir.
23 Q. Do you know that now?
24 A. Yes, sir.
25 Q. Okay. And did you continue to visit her

office

325-646-4057
36
1 and listen to basically recordings of the commissioners
2 court of Brown County, Texas?
3 A. Not in her office. But in the facility.
4 Q. Did you consider Margaret a friend during
5 those?
6 A. She was a sweet -- She is a sweet person.
7 Q. And she would let you take those tapes home

and
8 listen to them?
9 A. Yes, sir.
10 Q. Was there anything special you were looking
for
11 in those tapes, you just enjoyed listening to a
12 commissioners court meeting?
13 A. As a new resident of Brown County, I was just
14 interested in seeing kind of how the -- the different
15 parts of the law and what have you acted or what was
16 being done for the people through the different

offices.
17 Q. And was that just the general open meetings of
18 the Commissioners' Court that you were allowed to

listen
19 to?
20 A. No, sir.
21 Q. She would allow you to listen to executive
22 court meetings or executive committee or, I'm sorry,
23 executive meetings of the Commissioner's Court of Brown
24 County, Texas?
25 A. I was not specifically told what I could or

325-646-4057
37
1 could not listen to. I was given access to what I
2 thought was public records. And I was not given any

3 restrictions as to where I could go or what I could do.
4 My understanding was that I was specifically looking at
5 different records in the basement, was looking at some
6 of the marriage licenses, old and birth and death
7 certificates, just wondering out of curiosity what all
8 was down there.
9 Q. Okay. When you would come to look at all of
10 these records, did you record conversations with
11 Margaret Woods?
12 A. Not always.
13 Q. Sometimes you did?
14 A. Once.
15 Q. Okay. And did Donnie Barnum ever encourage

you
16 to pick out a particular commissioners court recording
17 and take it home?
18 A. No, sir.
19 Q. He didn't?
20 A. Not that I can remember.
21 Q. Okay. Did you particularly take one in
22 particular to him at one time and let him listen to it
23 and transcribe it?
24 A. I plead the fifth on that.
25 Q. Plead the fifth. Your Honor, I think any

325-646-4057
38
1 statute of limitations has run on the offense she
2 committed. We would ask the Court to direct her to
3 answer the question.
4 THE COURT: Answer the question.
5 A. Repeat the question please.
6 Q. I said did he pick out any particular

executive
7 session meeting of commissioners court for you to
8 retrieve out of Margaret Woods office and bring it to
9 him for him to transcribe?
10 A. No, sir.
11 Q. He didn't?
12 A. No, sir.
13 Q. Okay. Did he tell you to get any particular
14 meeting whatsoever and bring it to him?
15 A. No, sir.
16 Q. Did you ever do that, though?
17 A. I don't understand.
18 Q. Did you ever get a recording and take it to
19 Donnie Barnum?
20 A. Yes, sir.
21 Q. And he didn't tell you which one to get, you

22 just randomly picked it?
23 A. Yes, sir, I was listening to it to see
24 different things that were going on within the
25 government. In Brown County, such as, one officer was

325-646-4057
39
1 at a place and one of the prisoners was injured and

they
2 star-flighted him, and that the county paid the cost. I
3 found that interesting.
4 Q. So you brought it to Donnie, brought that
5 recording to Donnie?
6 A. I don't remember that there was a recording of
7 that. That was in minutes of the County Commissioners
8 court.
9 Q. Did you ever see a dichotomy in the different
10 tapes of Brown County Commissioners Court that had open
11 meetings tapes versus executive session tapes?
12 A. No, sir.
13 Q. May I approach, Your Honor. I'm going to

show
14 you what the transcription of what you testified to in

15 Joe Cooksey's trial back on January 12th of 2011, Okay?
16 Do you think you're the same Carol Wilcox
17 that is here transcribed in this case?
18 A. Yes, sir.
19 Q. I'm on page 32, specifically, line seven. Can
20 you read that? Read it out loud for Judge Chapman.
21 A. Okay. Okay. When you saw executive session
22 tapes.
23 Q. Keep reading.
24 A. You said seven, I'm sorry. "Knowing that they
25 were confidential, did you even think to tell Margaret

325-646-4057
40
1 Wood that Hey, you know, there might be some
2 confidential material that should be brought back
3 upstairs"?
4 I did not understand that they were
5 confidential because they were in an open box.
6 THE REPORTER: I'm confused as to what

she
7 is reading and what she is answering.
8 (BY MR. ADAMS)

9 Q. Object to the non-responsiveness. I will ask
10 the witness to keep reading at line 12. Read the
11 answer -- Read the question on 17, read the answer on
12 20, read the question on down to the bottom of the

page,
13 okay?
14 A. (Reading:) "Okay. Because of the date on it
15 back in '06, and this was past the statute of
16 limitations on it and because of where it was sitting

in
17 the basement and that I had full access to the

basement,
18 I felt that something sitting out that you could get

to,
19 you didn't have some -- I mean, you had to go check

the
20 statute of limitations. If that is what you are
21 calling it, who told you that. Well, what do you

mean,
22 you said, you based it on, you are thinking that the
23 statute of limitations had run on it being confidential
24 that you thought they were just -- it was okay for them
25 to be there. That's correct."

325-646-4057
41
1 THE REPORTER: I'm sorry. I can not
2 distinguish between questions and answers when she is
3 reading. The record will be confused, just so you know
4 that. I can not just guess.
5 Q. (By Mr. Adams:) I'm turning the page to page
6 33, I want you to read page, page 34, and all the way
7 through page 35, question three and answer on line
8 seven.
9 THE REPORTER: The record would be much
10 clearer if you read questions and answers,counsel.

It's
11 going to be confused, because she is not distinguishing
12 the questions and answers.
13 MS. RIGGS: Our objection is improper
14 impeachment. She hasn't said anything inconsistent by
15 which he could use there to impeach her. He is just
16 trying to read the transcript into the record.
17 MR. ADAMS: May I respond? I've asked

her
18 the pertinent questions.
19 THE COURT: I'll allow him to go ahead.
20 MR. ADAMS: What I'm going to do, Mrs.
21 Wilcox, starting on page 33, I will read the question,
22 okay? And you read the answer. Will that work?
23 A. Yes, sir.
24 Q. Do you understand that?

25 A. Yes, sir.

325-646-4057
42
1 (The following questions were read by Mr.
2 Adams. The following answers were read by the

witness:)
3 Q. (By Mr. Adams:) (Reading:) When did you
4 research the statute of limitations?
5 A. I never did. It was just knowledge that I had
6 obtained.
7 Q. From where?
8 A. Donnie.
9 Q. Okay. So, you were -- Is he a lawyer?
10 A. No, sir.
11 Q. You were relying on Donnie to tell you that it
12 was okay to copy an executive session?
13 A. I didn't copy it.
14 Q. You didn't copy an executive session?
15 A. No, sir, I never said that.
16 Q. Okay. You told Donnie there was an executive
17 session, you listened to one.
18 A. I listened, but not to an executive session.

19 Q. Okay. Okay. What did you listen to?
20 A. The tapes that were upstairs were current ones
21 for the current year. And it was some of those, just
22 the general sessions --
23 Q. Right?
24 A. -- that were there. They were very difficult
25 to understand. They were very poor quality and it was

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1 at that point that I was given permission to take them
2 out of the courthouse and make copies.
3 Q. Okay. Right.
4 A. And because this was to see if there was
5 anything that would help Donnie to prove his innocence,
6 I just gave them to him to listen to and then I would
7 take them back.
8 Q. Okay. You removed an executive session?
9 A. Yes.
10 Q. Okay?
11 A. Okay.
12 A. The old ones, yes.

13 Q. Could it have been one that was done on
14 April 10th, 2006?
15 A. It's possible. Because that would have come
16 from downstairs.
17 Q. All right.
18 A. The only one I listened to was a current one
19 upstairs.
20 Q. All right. Do you know if Donnie Barnum made

a
21 transcript?
22 A. Yes, sir.
23 Q. He did?
24 A. Yes, sir.
25 Q. Of an executive session?

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1 A. Yes, sir.
2 Q. And do you know if he provided that to Mr.
3 Cooksey?
4 A. He said he did.
5 (Conclusion of transcript reading)
6 Q. (By Mr. Adams:) Judge, for the record, the

7 prosecutor in that case was Rudy Taylor. We would
8 tender State's 4, which is the transcript of Mrs.
9 Wilcox.
10 MS. RIGGS: Your Honor, relevance. Also,
11 it's now unduly cumulative because he has just read the
12 only portion he wanted to produce into the record. We
13 have not been provided a copy of the exhibit nor have

we
14 been provided with the remainder of the testimony that
15 he wishes to tender.
16 THE COURT: Sustain that objection, not
17 going to admit that.
18 MR. ADAMS: Thank you. Nothing further.
20 BY MS. RIGGS:
21 Q. We haven't met before, have we?
22 A. No, ma'am.
23 Q. Thank you for being here. You're not an
24 employee of the county, are you?
25 A. No, Ma'am.

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1 Q. You're not the custodian of the county's
2 records?
3 A. No, sir. No, Ma'am.
4 Q. When you asked for access to records, you

asked
5 for public records, didn't you?
6 A. I just asked for records.
7 Q. Okay.
8 A. Under the public law.
9 Q. Did Mrs. Wood tell you, "Oh, there are some
10 records down there I don't want you to look at?"
11 A. No, Ma'am.
12 (BY MR. ADAMS)
13 Q. You didn't steal the tapes, did you?
14 A. No, Ma'am.
15 Q. Now, when the prosecutor asked you whether you
16 gave the tape to Mr. Barnum. Did you give the tape to
17 Mr. Donnie Barnum or did you give the tape to Mrs.
18 Barnum.
19 A. I don't remember.
20 Q. Was that tape recording, the one at issue

we're
21 talking about is the one on April 10th, 2006.
22 Is that -- Do you remember?
24 Q. Do you remember whether it is a conversation

25 about the Indictment of the County Tax Assessor

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1 Collector?
3 Q. Do you believe that you have an interest as a
4 member of the public in knowing what the County
5 Commissioners courts to?
6 A. I'm sorry, can you repeat?
7 Q. Do you have an interest as a member of the
8 public and as a taxpayer in knowing what the County
9 Commissioners Courts to?
10 A. Yes.
11 Q. In your -- And as a member of the public,

would
12 a discussion about the Indictment of the County Tax
13 Assessor Collector be something significant you would
14 want to know about?
15 A. I'm not really sure, I'm sorry. My mom is

ill,
16 she is at my house, and I'm stressed out with that, so

I
17 can't remember things right now.

18 Q. I'll make this as short as I can. Then we
will
19 most definitely when we're done ask that you be

excused.
20 A. Thank you.
21 Q. Did you lawfully obtain that tape recording,
22 Ma'am?
23 A. Yes, ma'am.
24 Q. Okay.
25 A. To the best of my knowledge, it was -- I was

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1 not restricted.
2 Q. Okay. And has the knowledge that Mr. Cooksey
3 has been prosecuted and the knowledge that Mr. Barnum

is
4 having the effort to revoke his probation, does that
5 have -- is it fair to say that has a chilling effect on
6 your willingness to go to try to get more public
7 records?
8 A. Yes, ma'am.
9 Q. Now, those tapes, I've heard references both

in
10 transcripts that has now been admitted into evidence

and
11 from the prosecutor that they said "Executive" on them.
12 Is that all that you saw on the tapes?
14 Q. But they weren't sealed in an envelope or
15 anything, are were they?
16 A. They were sitting in a coke box on top of a
17 filing cabinet.
18 Q. They didn't have the word "Confidential"
19 stamped on them?
20 A. No.
21 Q. Now, does the word -- did you understand the
22 word "Executive" to be the same as "Confidential"?
23 A. No.
24 Q. Did you also get copies of any of the notices
25 of the meetings?

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1 A. Yes, ma'am.
2 Q. Do you remember -- May I approach the

witness,
3 Your Honor?
4 THE COURT: Yes.
5 Q. (By Ms. Riggs:) I will hand you what has been
6 marked as Defendant's 1 and 2. Do you remember getting
7 copies of those records from the county?
8 A. I don't remember, but the records you got from
9 the county, you do remember getting some agendas and
10 notices of meetings?
11 A. Yes, ma'am. I don't know which ones.
12 Q. Okay.
14 THE REPORTER: Ma'am, you're fading off a
15 little bit. Can you move your chair closer to the
16 microphone, please?
17 MS. RIGGS: We offer Defendant's Exhibit

1
18 and 2 as self authenticating public records.
19 MR. ADAMS: No objection.
20 THE COURT: They will be admitted.
21 (Defendant's Exhibits 1 and 2 tendered

and
22 admitted)
23 MS. RIGGS: Nothing further.
25 BY MR. ADAMS:

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1 Q. I got confused with all this talk about

statute
2 of limitations. Do you know what the statute of
3 limitations is concerning this offense of improper
4 disclosure of certified agenda, is that what you were
5 talking about?
6 A. I don't understand, I'm sorry.
7 Q. What was your testimony about statute of
8 limitations? What was it relevant to? I don't

remember
9 what you said.
10 A. Um, I said that I had asked Mr. Barnum, we
11 discussed it, and that the statute of limitations had
12 run out.
13 Q. Thank you. No further questions.
14 THE COURT: Any questions?
15 RECROSS EXAMINATION.
16 BY MS.RIGGS:
17 Q. Was it discussions about statute of
18 limitations, was that after you obtained the tape or
19 before?
20 A. I don't remember. I'm sorry.
21 Q. Did you have that discussion with, say, Mrs.

22 Margaret Wood before you went and looked at the
records?
23 A. It never occurred with Mrs. Woods.
24 Q. Did you have any discussions with Mrs. Barnum,
25 and or Mr. Barnum, before you got any of the tape

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1 recordings?
2 A. I don't remember when it occurred. But we did
3 have a conversation concerning that.
4 Q. But you don't know if it was before or after?
5 A. No, Ma'am, I'm sorry.
6 Q. We have nothing further.
7 THE COURT: All right. You may step down.
8 May she go home or wherever?
9 MS. RIGGS: We request that this witness

be
10 excused.
11 MR. ADAMS: Yes.
12 THE COURT: Before you call anyone else,

we
13 have to do a little housekeeping. It dawned on me

that
14 I called this case, announced ready and the defendant
15 announced ready, but nobody has read this amended

motion
16 without paragraph one.
17 MR. MOCK: Your Honor, we will waive the
18 reading of the additional allegations.
19 THE COURT: All right. Then, Mr.

Barnum,
20 stand up, I need to know how the Defendant pleads to
21 this, true or untrue to the other two through --
22 MR. MOCK: Defendant pleads not true.
23 THE COURT: 2 through 11, true or untrue.
24 MR. MOCK: Untrue.
25 THE COURT: All right. You may be

seated.

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1 Just a little house-keeping that we got ahead of
2 ourselves.
3 MR. ADAMS: We call Jay Curtis.
4 (Witness sworn)
5 JAY CURTIS,
6 Called as a Witness, was examined and testified as

7 follows:
9 BY MR. ADAMS:
10 Q. Mr. Curtis, state your full name and how long
11 with the Probation Department, what your occupation
12 description is.
13 A. Jay Curtis, probation officer for the 35th
14 Judicial District, I have been employed for over 15
15 years.
16 Q. And is Donnie Barnum sitting here today, is he
17 a probationer under y'all's supervision?
18 A. Yes.
19 Q. Was he convicted here in the 35th Judicial
20 District of Brown County, Texas?
21 A. Yes.
22 Q. Was it a felony conviction of tampering with
23 evidence?
24 A. Yes, sir.
25 Q. You don't supervise Mr. Barnum, do you?

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1 A. I do not.
2 Q. (By Mr. Adams:) Okay. However, based upon
3 records in y'all's office, y'all know that he has a
4 search clause for his house signed in which he has
5 agreed that the Probation Department can come out to

his
6 house and search at any reasonable time; is that
7 correct?
8 A. Right. Condition 16 of probation is submit to
9 person, place or things to search or seizure by
10 Probation or law enforcement at the direction of
11 Probation.
12 Q. And the purpose of that is to make sure they
13 are conforming with their probation terms and
14 conditions, is that correct?
15 A. Yes, sir.
16 Q. Now, as far as you know, concerning Mr.
17 Barnum's record, he is paid up on time and he a has
18 attended all that he has needed to attend as far as
19 y'all's office goes; is that correct?
20 A. I believe so.
21 Q. Now, were you aware or did our office make you
22 aware he had filed a Motion For Early Discharge earlier
23 this year or late last year, I believe it was earlier
24 this year, is that correct?
25 A. Yes, sir.
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1 Q. And did you alongwith some Brown County law
2 enforcement personnel do a search upon his home because
3 of that particular filing?
4 A. I did.
5 Q. Was the purpose to make sure that he is
6 complying with the terms and conditions of probation?
7 A. It was.
8 Q. Did you search his home?
9 A. Yes, we did.
10 Q. Was he there?
11 A. He was not there.
12 Q. Had you tried to locate earlier that day?
13 A. I did.
14 Q. And where was he, do you have any idea?
15 A. I had called his house earlier that morning,
16 spoke to his wife. She claimed he was working near
17 Abilene.
18 Q. As far as working and travel permit goes, do
19 you have any idea whether or not he had a travel permit
20 to be out of the county?

21 A. I'm unsure about that.
22 Q. Do you know that his occupation takes him out
23 of the county from time to time?
24 A. I believe it does.
25 Q. Now, when you searched his home, where is that

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1 located?
2 A. It is just south of Brownwood.
3 Q. All right. Out toward Brookesmith?
4 A. Not that far. Just on the southern edge of

the
5 city limits.
6 Q. All right. And tell Judge what the house is,
7 you were there. Is it a three bedroom, two bath,

brick
8 home, what is it?
9 A. I didn't pay much attention to the house, but
10 it's a large house. I believe it's a rock house, newly
11 renovated house. The house is off set from the road,
12 has a gated entrance, fenced in yard.
13 Q. And could you get hold of Mr. Barnum?

14 A. I could not. I spoke to his wife.
15 Q. Okay. Did she allow y'all to search the

house?
16 A. I made contact with her by phone. She met me
17 at her gate, explained condition sixteen of probation,
18 of his probation to her, which is a search clause.
19 She allowed us to enter into the home,
20 explained that we were looking for just a general
21 search, asked if there were any guns in the house.
22 And she stated there were guns in the
23 house. And showed me -- Took me to a room, showed me

a
24 safe where there were, after a search of the safe,
25 discovered there were 10 guns, various ammunitions

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55
1 located within the safe.
2 Q. When you say various ammunition, was there
3 enough ammunition for each gun to last a decent time
4 proximity if you needed to use it?
5 A. I believe every gun was loaded but the .33.
6 Q. And do you recall off the top of your head a
7 list of what the caliber of the guns were that were in

8 his home?
9 A. Yes, they are listed in the Motion to Revoke.
10 Q. All right. May I approach, Your Honor?
12 (BY MR. ADAMS)
13 Q. I'm going to show you what is basically the
14 First Amended Motion to Revoke Probation. Would you
15 tell Judge Chapman just the caliber and the gun one by
16 one that was in the house?
17 A. The first pistol that was removed from the

safe
18 was a Smith & Wesson model, M-586, caliber .357.
19 Serial number ADA5083. It was taken out of the house

by
20 Investigator Gover and photographed.
21 Q. Let me stop you. Is that the same case on

each
22 gun, as far as Deputy Gover taking them out? You don't
23 need to give us the serial number, just --
24 A. The second one was a Smith & Wesson. It's a
25 .45 caliber, the third one was a Browning 9 millimeter

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1 pistol.
2 The fourth gun taken out was a Jennings
3 model, well a Jennings .22. He had a Glock 9
4 millimeter, a Ruger 10.22, a Marlin .22, a Marlin

30.30,
5 an AK.47, and a Winchester .22.
6 Q. Now, when Mrs. Barnum, the wife, allowed y'all
7 to search, tell the circumstances to Judge Chapman

about
8 where the guns were located and who ultimately opened
9 that gun safe for you.
10 A. Okay. When she told me there were guns in the
11 house, she told me they were in a safe in a bedroom

that
12 was previously occupied by her daughter who no longer
13 lived there.
14 Q. Let me stop you. What's the daughter's name?
15 Do you recall?
16 A. I do not know.
17 Q. Okay. I asked Mrs. Barnum if she could open
18 the safe. She said she did not have the combination,
19 she would call the daughter which she did. She called
20 the daughter, ten minutes later the daughter arrived.

I
21 explained to her why we were there. The reason for

the,
22 the reasons for the search, condition of probation,

guns
23 in the home, you know, he is a convicted felon, he
can't
24 have guns in the home, it's strictly prohibited.
25 She was hesitant to open the safe, but

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57
1 eventually she did. She opened the safe. And then
2 that's when we inventoried the guns?
3 Q. Did she indicate to you that they were her
4 guns?
5 A. She did.
6 Q. And did the mother, Mrs. Barnum, did she have

a
7 combination to the gun safe?
8 A. If she did, she didn't open it. She claimed

to
9 not know it.
10 Q. And basically this gun safe was in a bedroom
11 which the daughter alleged was her bedroom when she
12 lived there?
14 Q. Now, did the -- Do you remember how old the
15 daughter is?
16 A. I would guess 25.
17 Q. Did she mention her occupation or anything

like
18 that?
19 A. She is a senior, going to graduate in December
20 from Tarleton with a CJ major.
21 Q. And was she able to rattle off what caliber of
22 guns were in that gun safe pretty fast?
23 A. Yes.
24 Q. Do you know them all?
25 A. Some of them.

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1 Q. Did she not know them all?
2 A. Well, she -- I don't know if she knew all of
3 them. But, that's a lot of guns to remember. I don't
4 know if she knew all of them, but she knew some of

them,
5 yeah.
6 Q. Did, did you come to know where she did
7 actually reside, where her home was? This is the
8 daughter's home.
9 A. Yes, she does not reside in that house. She
10 lives, would be caddy-cornered on the same County Road
11 from Mr. Barnum's residence.
12 Q. Okay.
13 A. Which is a single-wide trailer house owned by
14 Mr. Barnum.
15 Q. Mr. Barnum owns the trailer house?
16 A. According to county records, yes, sir.
17 Q. And, but you came to know that Mrs. Barnum,

the
18 daughter, resided there at that trailer house?
19 A. That's what she told us.
20 Q. And did not reside in the home where the guns
21 were located?
25 BY MR. MOCK:

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1 Q. Mr. Curtis, I have a few follow-up questions
2 for you. You don't directly supervise Donnie, is that

3 correct?
5 Q. Who directly supervises Donnie since he was

put
6 on probation?
7 A. Gordon Bearden.
8 Q. Is he present in the courtroom?
9 A. Yes, he is.
10 Q. Now, you testified that there was a clause
11 number 16 which allows probation to do what is called a
12 compliance search?
13 A. Correct.
14 Q. That's what you were doing, your search under
15 was clause 16 of his conditions of probation; is that
16 correct?
17 A. Yes, sir.
18 Q. Then you also testified and the D.A.
19 conveniently painted the picture that Mr. Barnum had
20 filed a motion to terminate probation. Correct, he was
21 trying to get off probation early; is that correct?
22 A. Right.
23 Q. And your testimony was, and it was

conveniently
24 painted by the D.A. that --
25 MR. ADAMS: Objection, sidebar, Your

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1 Honor --
2 MR. MOCK: But you did --
3 THE REPORTER: I can't take you all at

the
4 same time.
5 MR. MOCK: I'll withdraw --
6 THE COURT: All right, let's move along.
7 MR. MOCK: But you did testify that it

was
8 because of that motion to withdraw from early
9 termination that you conducted the compliance search.
10 A. I conducted that search at the request of the
11 D.A.'s office.
12 Q. Was there any request by the D.A., "Conduct
13 this search because he wants to get off probation
14 early," or did the D.A. just say, "Go conduct this
15 search?"
16 A. It was suspected that he was in possession of
17 firearms.
18 Q. Okay. How did -- Why was it suspected?
19 A. Um, just.
20 Q. Was it suspected by the D.A. or probation?

21 A. I think it was just a general -- just
suspected
22 generally.
23 Q. You can't tell me, you can tell me it was
24 suspected, but you can't tell me who suspected or why

it
25 was suspected?

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1 A. So, Mr. Adams -- Mr. Bearden works in Mills
2 county on Wednesdays, so he wasn't available for the
3 search, so I was available.
4 Mr. Adams asked me to perform the search.
5 Q. All right. So, Mr. Adams asked you?
6 A. Correct.
7 Q. When did he ask you?
8 A. On Wednesday.
9 Q. Okay. Did he tell you why he wanted you to
10 perform this search?
11 A. General compliance.
12 Q. As a general compliance?
13 A. Yes, sir.
14 Q. Did he say anything about suspecting guns
being
15 in the house?
16 A. No.
17 Q. Why is it your testimony that it was suspected
18 that guns were, he was in possession of guns?
19 A. That was my suspicion.
20 Q. Where did that suspicion come from?
21 A. He has been known to possess firearms.
22 Q. He has been on probation since when? April 27
23 of 2006, does that sound right?
24 A. Correct.
25 Q. Since the time he has been on probation, has

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1 there ever been a compliance search?
2 A. Not that I'm aware of.
3 Q. Since the time he has been on probation, has

he
4 ever missed a payment?
5 A. I don't know.
6 Q. Has he ever had an MTR or violation or

anything
7 been filed against Mr. Barnum?
9 Q. Why then can you tell this court all of a
10 sudden did you suspect he possessed firearms now, after
11 being on probation for five years and nothing going on?
12 A. Just a compliance search, we do them all the
13 time.
14 Q. That wasn't my question. Why did you suspect
15 now, after nothing being wrong for this long, after him
16 being a model probationer, that he possessed guns?

What
17 led to that?
18 MR. ADAMS: I will object to that.

Model
19 probationer, there were 10 loaded guns found at his
20 house. He is obviously committing another --
21 MR. MOCK: Why would you --
22 MR. ADAMS: Offense --
23 THE REPORTER: Judge, we're not on the
24 record. I just can't take everyone at the same time
25 THE COURT: She can't take more than one.

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1 MR. ADAMS: I will object to him being to
a
2 model probationer, he has got ten loaded assault rifles
3 out there, he has committed at least one other crime.
4 The question has been asked and answered. He asked why
5 did you do the search, it was a compliance search at my
6 direction.
7 THE COURT: I will let him answer this
8 question. Let's move on. You asked him already and he
9 answered it already. Go ahead.
10 MR. MOCK: One more time, I will be more
11 specific.
12 THE COURT: Ask it.
13 Q. (BY MR. MOCK:) Very specific, why did you all
14 of a sudden determine or think that he had possession

of
15 firearms?
16 A. I don't know.
17 Q. You can't answer that question?
18 A. No.
19 Q. Is that Mr. Barnum's file?
20 A. Yes, sir.
21 Q. Is that what you're using to refresh your
22 memory as far as --
23 A. No.
24 Q. Did you not just look in that file a little

25 earlier regarding when he was put on probation?

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1 A. I looked at the -- the motion that he provided
2 me.
3 Q. Now, let's talk about the day that you did the
4 compliance search. How many compliance searches do

you
5 do?
6 A. Um, I do them all the time. Probably -- Some
7 weeks we maybe do two or three, there may be weeks we

do
8 -- That week, we did one, the following week we did

two.
9 Then we did a couple last week.
10 Q. Okay. Is it normal for you to take law
11 enforcement with you on a compliance search?
12 A. Absolutely, every time.
13 Q. You do it every time?
14 A. Every time.
15 Q. On that specific day, you testified that

Donnie
16 wasn't on the premises?

17 A. Correct.
18 Q. It was his wife that let you in; is that
19 correct?
20 A. Yes, sir.
21 Q. Your first question was what, do you have guns
22 in the house? Was that your first question to Darla
23 Barnum?
24 A. I don't recall.
25 Q. Okay. Did you ask Darla, Do you have guns in

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1 the house?
2 A. I did ask her that. I said, Do you have
3 anything illegal, we're going to do a walk-through,
4 anything that would violate his probation.
5 Q. What did she say?
6 A. "No."
7 Q. But you testified earlier she had admitted
8 there were guns?
9 A. She did.
10 Q. So, she was up front with you there were guns
11 in the house, correct?

13 Q. And the guns you testified were located in a
14 back bedroom; is that correct?
15 A. Bedroom next to his bedroom, yes.
16 Q. What else was in that bedroom?
17 A. It was very disorganized. There was -- There
18 was a broken mirror, there was a baby bed and I think a
19 mattress that was un -- no sheets on it.
20 Q. Were there boxes in that bedroom?
21 A. Probably.
22 Q. Your testimony would be there were boxes?
23 A. Yes, sir. I remember the baby bed, the broke
24 mirror. There was probably photographs of it

somewhere.
25 Q. You asked Darla to open the safe. Correct?

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1 A. Yes, sir.
2 Q. And could she open the safe?
3 A. She said she couldn't.
4 Q. Why could she not open the safe?
5 A. Said she did not have the combination.

6 Q. Did she tell you -- Did Darla ever tell you
7 whose room that was, did she tell you it was her
8 daughter's?
9 A. Yes, sir.
10 Q. So you -- How did you end up getting the safe
11 open.
12 A. She called her daughter and her daughter came
13 over there.
14 Q. Okay. Did her daughter ever tell you that the
15 safe was hers?
16 A. She did.
17 Q. Inside the safe, did her daughter show you
18 documentation that she had purchased the safe?
19 A. Yes, she did.
20 Q. Do you remember what that documentation was?
21 A. There were receipts for the purchase of the
22 safe.
23 Q. Whose name was on it?
24 A. Hers.
25 Q. Okay. Did the daughter tell you that the guns

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1 were hers?
2 A. She did.
3 Q. Okay. Do you recall making a statement to Kim
4 that you were satisfied that the safe was hers?
5 A. I did.
6 Q. Okay. So, you believe and your testimony to
7 the Judge is you believe the safe was hers?
8 A. Yes.
9 Q. Okay. You don't believe that the guns were
10 hers?
11 A. No.
12 Q. Why does she have a safe?
13 A. To store Donnie's guns.
14 Q. That's going to be your testimony?
15 A. That's my testimony.
16 Q. Now, how big was this safe?
17 A. You know I never looked in it. It's in a
18 closet, it has sliding doors.
19 Q. Generally, how big is it, is it a little safe,
20 is it a big safe?
21 A. It's got 10 guns in it, so it's not small.
22 Q. Okay. So it's a big safe?
23 A. (Nods head yes)
24 Q. Would you believe this safe is heavy?

25 A. Very heavy.

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1 Q. Would you say that to this Court that it is
2 probably a task to move this safe? Yes, or no. In

your
3 opinion, because you saw the safe.
4 A. Yes.
5 Q. It would be a task to move this safe?
6 A. Yes.
7 Q. Were -- Are you aware at all of Kim ever

moving
8 this safe from when it was originally placed in that
9 bedroom?
10 A. I have no idea.
11 Q. Kim never told you about moving it when she
12 would move residences?
13 A. She -- I know they talked about golf balls

and
14 ball bearings, removing it and stuff, her and Gover,
15 but if she talked about it, I don't remember.
16 Q. Okay.
17 MR. MOCK: Pass the witness.

19 BY MR. ADAMS:
20 Q. Did -- And I'm taking it from counsel's
21 statement that this lady's name is Kim, the daughter.
22 Do you recollect that now, Jay?
23 A. Possibly, yeah.
24 Q. Where did she indicate she got all the 10

guns?
25 A. From Donnie.

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1 Q. How did she phrase that to you?
2 A. Pretty much at the end of our -- during the
3 interrogation of the -- about the guns, that Gover and
4 I had with her, she was asked, you know, how much these
5 guns cost. She is a college student, and how she could
6 afford a $2,500 safe and $10,000 worth of guns.
7 He was asking, how much did these guns
8 cost, where did you get these guns. She couldn't

answer
9 that. Her mother had to answer for her, and say, "From
10 her dad."
11 They were clearly Donnie's guns.

12 Q. And did -- Was she able to rattle off the
13 caliber of the guns?
14 A. Some of them.
15 Q. And without a problem?
16 A. Yeah.
17 Q. Was she able to come in there and open the

safe
18 without a problem?
19 A. Yeah.
20 Q. From your opinion observing however many
21 searches you've done like that, was it almost as if it
22 were rehearsed as to what she was supposed to do?
23 A. I thought it was.
24 Q. How long did you state Mr. Barnum has been on
25 probation? Five years plus or minus?

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1 A. I believe so.
3 RECROSS EXAMINATION
4 BY MR. MOCK:
5 Q. So your testimony is, in your opinion, Kim

6 could not rattle off the cost of each gun?
7 A. Correct.
8 Q. And because of that, they couldn't be her

guns.
9 Is that your testimony, in your opinion?
10 A. No.
11 Q. Why does it matter that she couldn't rattle

off
12 the cost of each gun?
13 A. That was just a question that she was asked.
14 Q. So basically it's pointless?
15 A. What's pointless?
16 Q. The fact she didn't know the cost of each gun.
17 A. Just part of our interrogation.
18 Q. My question is, in your opinion since she
19 didn't know the cost of these guns, did that mean the
20 guns couldn't belong to her?
21 A. No.
22 Q. As far as possession of the guns, the fact she
23 didn't know the cost of each gun is pointless, correct?
24 A. No.
25 Q. Why is it not pointless?

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1 A. Why is it.
2 Q. I'm asking you the question again?
3 A. I don't know.
4 Q. You testified that the interrogation asked,

how
5 did you get the money to buy the safe. Y'all asked
her
6 that question?
7 A. I didn't.
8 Q. But one of the Sheriff's or deputies or law
9 enforcement officers did?
10 A. It may have been asked.
11 Q. Okay. But you testified to me earlier you

told
12 Kim you were satisfied that was her safe.
13 Is that correct?
14 A. Yes, sir.
15 Q. You're still satisfied?
16 A. Well, she had receipts showing where she had,
17 the safe was brought from John Deere in her name with,
18 where it was paid out with the final receipt being in
19 the safe.
20 Q. Out of curiosity, do you know the cost of each
21 one of those guns listed?
22 A. I don't.
23 Q. Do you own any guns?
24 A. Sure.
25 Q. So, it's not unusual for a person to own guns

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1 and not know the cost of them, correct?
2 A. I wouldn't think so.
3 Q. Because, of the point you own guns and you
4 don't know the cost of guns?
5 A. Absolutely I do.
6 Q. Okay. Let's move on. Have you ever -- Have
7 you ever found that family members give guns to other
8 family members?
9 A. Sure.
10 Q. Is it a requirement under the law based on

your
11 knowledge that when a family member gives a gun to
12 another family member that they register it with any
13 state registry system?
14 A. I don't know that law.
15 Q. Do you know of any state registry system that
16 exists so that if a family member were to give a gun to

17 another family member that they could register it?
18 A. I don't know the law.
19 Q. Okay. My question wasn't do you know the law.
20 My question was, do you know of a system that exists
21 that that could be registered in, yes or no?
22 A. No.
23 Q. So you don't know of any way that Donnie could
24 have put into a registry system that he was giving

these
25 guns to his daughter, that system doesn't exist, does

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1 it?
2 A. The ATF? Transfer ownership through the ATF?
3 Q. Back up, then, let's go back to the previous
4 question. Is there a way that that registration is
5 possible?
6 A. Absolutely.
7 Q. What is that?
8 A. Through the ATF.
9 Q. Okay.
10 Pass the witness.

12 BY MR. ADAMS:
13 Q. Jay I'm going to show you what has been marked
14 as State's 5. Look at that for a moment. Do you know
15 what that is?
16 A. Yes.
17 Q. Does that accurately depict what it is in real
18 life?
19 A. Yes, sir. It is.
20 Q. Judge, we tender this picture, State's 5.
22 THE COURT: It will be admitted.
23 (State's Exhibit 5 tendered and

admitted).
24 Q. (BY MR. ADAMS:) I will show you what State's

5
25 here is. Would you tell the Court what that is?

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1 A. This is Mr. Barnum's safe.
2 Q. Okay. The safe at Mr. Barnum's house?
3 A. Yes, sir.
4 MR. MOCK: Objection, that is
inconsistent
5 with his prior testimony.
6 THE COURT: I think they straightened it
7 up. Go ahead.
8 (BY MR. ADAMS:)
9 Q. Right here on the top shelf on the top picture
10 of State's 5, these three items, what are they?
11 A. Brass knuckles.
12 Q. Did Kim Barnum indicate she was a big brass
13 knuckles fan when she was there?
14 A. No.
15 Q. Did she look like she was some type person

that
16 used brass knuckles?
17 A. No.
18 Q. Is she out here in the audience?
19 A. Yeah.
20 Q. Do you recognize her?
21 A. Yes.
22 Q. Which one is she?
23 A. Sitting directly behind the second counsel.
24 Q. Gray and white shirt?
25 A. Yeah.

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1 Q. I pass the witness, Judge.
2 RECROSS-EXAMINATION
3 BY MR. MOCK:
4 Q. The brass knuckles, are those illegal?
5 A. I'm not sure.
6 Q. You don't know, you do compliance checks to
7 make sure that probationers don't have illegal stuff in
8 their home, but you can't tell me if brass knuckles are
9 illegal or not illegal?
10 A. Correct.
11 Q. Okay. Pass the witness.
12 THE COURT: You're free to go.
13 MR. ADAMS: We will call Carlyle Gover.
14 (Witness sworn)
15 CARLYLE GOVER,
16 Called as a witness, having been duly sworn, was
17 questioned and testified as follows:
19 BY MR. ADAMS)
20 Q. Detective Gover, state your full name, your
21 occupation, and how long you've been with the Brown
22 County S.O.
23 A. Carlyle Gover. I'm an investigator with the
24 Brown County Sheriff's Office. I have been there a
25 little over ten years.

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1 Q. Were you present back when y'all did the

search
2 at Donnie Barnum's house?
3 A. Yes, I was.
4 Q. Were you present there with Mr. Curtis?
5 A. Yes, I was.
6 Q. Did you hear his testimony while ago?
7 A. Yes.
8 Q. Is that all true and correct?
9 A. Yes.
10 Q. Do you have any corrections to make to it?
11 A. One correction I recall was that I asked Kim
12 Barnum how much she paid for the gun. And she didn't
13 have an answer. She kind of stammered. And her
14 mother jumped in and said they were given to her.
15 That's how I recall it.
16 Q. Did you participate in the full search of the

17 house?
18 A. Not the full search of the house. I searched
19 the bedroom where the safe was and also Mr. Barnum's
20 bedroom.
21 Q. And I'm sorry, what did you say you searched
22 where?
23 A. The room where the safe was, as well as
24 Mr. Barnum's bedroom and master closet.

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2 (BY MR. ADAMS)
3 Q. I will show you what has been marked states 6,
4 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19,
5 take a look at them.
6 Q. Are those photographs taken that day y'all

made
7 the search?
8 A. Yes, they are.
9 Q. Do they duly truly do -- They accurately

depict
10 what the particular pictures are in real life?
11 A. Yes, they do.
12 Q. Okay. I tender State's 6 through 19, Your
13 Honor.
14 A. No objections.
15 THE COURT: They will be admitted.
16 (State's Exhibits 6 through 19 tendered

and
17 admitted)
18 (BY MR. ADAMS)
19 Q. Detective Gover, I will show you State's 6, 7,
20 8, 9, 10, 11.
21 That basically consists of two pictures

per
22 exhibit. Would you, beginning with State's 6, go
23 through the exhibits and describe to the Judge what

each
24 picture starting with the top going to the bottom is?
25 A. Um, top photograph is the top shelf of the

safe

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1 and it contains, from what I can see in the photograph,
2 two handguns, ammunition, holster, paperwork. The

3 bottom photograph, I believe that is a .357 revolver.
A
4 photograph.
5 Q. If you don't mind saying which exhibit you're
6 dealing with when you describe it.
7 A. That was Exhibit 6. This is exhibit seven.
8 Exhibit 7, the top photograph has a picture of the .357
9 revolver. The bottom photograph has a Smith & Wesson
10 semi-auto. I don't know what caliber it is, handgun.
11 Exhibit 8, top photograph has a

photograph
12 of the semi-auto handgun, I believe it is a 9
13 millimeter. The bottom photograph has three banana
14 magazines for the AK .47 type weapon. Exhibit 9, once
15 again, is a photograph of the banana magazines showing
16 that they are fully loaded with ammunition.
17 Appears to be 760x39. The bottom
18 photograph is a picture of a semi-auto small handgun,
19 pocket pistol type weapon. Exhibit 10, another banana
20 style magazine for the AKA that was found, the top
21 photograph. The bottom photograph is once again

showing
22 that the magazine is fully loaded with appropriate
23 ammunition.
24 Exhibit 11 is a photograph of a handgun
25 semi-auto magazine loaded. From the photograph, it

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1 appears to me to be a .45, I could be incorrect on

that.
2 The bottom photograph is a photograph of the top shelf
3 of the safe from the -- where the left side once again
4 is showing ammunition, holsters, pistol magazines,
5 paperwork. There are some gun cleaning cans there as
6 well.
7 Q. All right. I will show you State's 13, 14 and
8 15, tell Judge Chapman what they are.
9 A. States 13 is an overall type photograph of the
10 gun safe. The gun safe was divided, had a shelf on top
11 and it was divided down the middle. One side was to
12 store rifles, just from my looking at the photograph, I
13 can see at least four, maybe five rifles in there.
14 The bottom photograph is, looks like it's

a
15 Glock semi-automatic handgun. State's Exhibit 14, on
16 the photograph, is a photograph of a scoped 10.22 Ruger
17 rifle. The bottom photograph is an AK style assault
18 rifle with a banana magazine style inserted in the
19 weapon.
20 State's Exhibit 15 is a scoped lever
action
21 rifle. It's the top photograph. The bottom photograph
22 is a -- I'm not sure what caliber it is, looks like a
23 two, but it's also a scoped rifle.
24 Q. State's 12 and 17. Would you tell the Court
25 what basically you understand the bottom part of 12 is

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1 some more of the safe. Just for the record, these
2 exhibits I'm showing you are all pictures of what was

in
3 the gun safe the subject we're talking about right now;
4 is that correct?
5 A. Yes, sir.
6 Q. So, tell Judge Chapman what the top of 12 and
7 bottom of -- the two pictures on 17 are.
8 A. The top of State's 12 is a photograph of a
9 Liberty -- I took a photograph of the document that was
10 found in the safe. It's a photograph of a Liberty safe
11 combination duplicate key request form which is -- that
12 is filled out, signed by Kim Barnum. It also has a

13 notary on the bottom, apparently to verify her
14 signature.
15 Q. Okay. What is on 17? Or what does 17 show?
16 A. 17 is three photographs. All of more

paperwork
17 I found in the safe, which were for the purchase of the
18 safe in payment form. Each different photograph, I
19 believe, reflects a different payment made by Kim
20 Barnum, I believe, is who the paperwork is signed by or
21 for.
22 Q. And 18 and 19, would you tell the judge what
23 those pictures are?
24 A. 18 is where the safe was housed in a walk-in
25 closet in the bedroom, and there is the bedroom,

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1 photograph of the bedroom. There is a shelf, high
2 shelf, and it had a hand grenade on it. That's the top
3 picture. And the bottom picture is a closer photograph
4 of the hand grenade.
5 Q. Okay. And what is 19?
6 A. The top of 19 is an overall photograph of the

7 bedroom where the safe was. And the bottom is a
8 photograph, I was unsure if the hand grenade was live

or
9 not.
10 So, I believe it was Mr. Barnum's father
11 said it wasn't. And he unscrewed the pen and showed

me
12 that it wasn't a live hand grenade.
13 Q. But the hand grenade was not in the safe, it
14 was on the shelf in a closet where the safe was

located?
16 Q. And at that point in time, did y'all

confiscate
17 those guns?
18 A. We did not.
19 Q. Any reason why you didn't?
20 A. There was some dispute as to the ownership of
21 the guns. Mrs. Kim Barnum would be Donnie Barnum's
22 daughter said that she owned the guns. There was some
23 paperwork in there that stated it was her safe. It
24 required further investigation. And that is why we
25 didn't do it that day.

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1 Q. Okay. So your understanding those serial
2 numbers in the particular amended Motion to Revoke that
3 is live today, that those have been sent to ATF for --
4 to see whose names those guns are actually in; is that
5 correct?
6 A. Yes, sir, I was advised they were were in --
7 Q. There is no return on that yet, is that
8 correct?
9 A. I was advised there was no return yet.
12 BY MR. GRAY:
13 Q. Sir, do you have children?
14 A. Yes, I do.
15 Q. How old are your children?
16 A. 12 and 9. Almost 13 and 10.
17 Q. Has anyone ever given you a gun? Your father
18 ever given you a gun?
19 A. No.
20 Q. No one has ever given you a weapon of any

kind?
21 A. Pocketknife.
22 Q. Ever get one in the line of service in any of
23 the service facilities you work with, probation office,

24 sheriff's office, anything like that?
25 A. No, sir.

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1 Q. The fact that the guns were given to him by

her
2 father, she didn't have to pay for them, that would not
3 affect her ownership of the guns, would it?
4 A. No.
5 Q. So you're not saying a person can't give
6 someone some property, including a gun, if they want

to;
7 is that correct?
8 A. I'm not saying that.
9 Q. Okay. So, if her father -- if she told you

her
10 father had given her the guns, you would have no reason
11 to dispute that, would you?
12 A. Yes.
13 Q. What would be your reason to dispute it?
14 A. Mr. Barnum is a convicted felon. The guns are
15 on his property. And she does not live there. So, I
16 would dispute it. Yes, I would.

17 Q. She had lived there previously, were you aware
18 of that?
19 A. Sir?
20 Q. Were you aware she had lived there previously?
21 A. She said she had lived there previously.
22 Q. All right. And as a matter of fact, the fact
23 that he did give the guns to her was because of the
24 charge, that's why he give them to her. Does that

sound
25 reasonable to you?

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1 A. That would sound reasonable, but -- but I
2 wouldn't have them on my property.
3 Q. If you can't get to them, you don't violate

the
4 law, isn't that the agreement? Isn't that the
5 understanding?
6 A. If you have care, custody and control, I think
7 you would be in possession of them.
8 Q. How does he have control if he can't get to
9 them, if they they are locked in a safe that she has

the
10 key to?
11 A. I don't know if he can or can't.
12 Q. So you don't know that, do you?
13 A. Let me rephrase that. She said she was the
14 only one who had the combination. I do not know if he
15 had the combination personally of the safe that is in
16 his home.
17 Q. So you have no reason to disprove what she
18 said. You can't disprove that -- have no reason to
19 dispute what she said, do you?
20 A. Repeat the question, please.
21 Q. Yes. She says "They are my guns."
22 You have no reason to dispute that, do

you?
23 A. Yes, I do.
24 Q. What good reason? I asked you that.
25 A. The reason being, common sense. A felon has

--

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1 cannot have guns, he cannot possess guns. Of course

she
2 is going to say she possesses them. She doesn't want

to
3 get her father in trouble.
4 It's common sense that if he did not want
5 those guns, if he did not want to be violated, his
6 probation, by a felon in possession of guns, he

wouldn't
7 have them on his property.
8 So, she could have taken those guns any
9 time and not put them in a safe.
10 Q. Do you dispute if the law says that if they

are
11 not in his control and custody that even though they

are
12 on the property, that's what the law says, they can be
13 there, are you disputing the law now?
14 A. I'm not disputing-- I don't understand what
15 your question is.
16 Q. I'm telling you that the mere presence on the
17 property alone is not enough to put him in possession

of
18 the guns if he doesn't have control and custody.
19 MR. ADAMS: I'm going to object, that's
20 argumentative, our contention is that he did have the
21 combination to the safe.
22 THE COURT: Let's move on.
23 MR. GRAY: Thank you, Judge.
24 Q. (By Mr. Gray:) You have no way of knowing
25 whether the gift to her -- was made to her or not

except

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1 what she told you and the fact that the guns were in a
2 safe that belonged to her, isn't that correct?
3 A. When I asked her how much she paid for the
4 guns, she stammered. She didn't answer the question.
5 Her mother answered the question for her, stating they
6 were given to her.
7 I believe that she didn't know what she

was
8 supposed to say. And therefore, that is why she didn't
9 give me a direct answer when asked. Her mother had to
10 ask -- answer the question for her that they were given
11 to her.
12 Q. Doesn't logic tell you they were given to her
13 because her father had a felony conviction, couldn't
14 have them?
15 A. No.
16 Q. You don't think that's the reason they were
17 given to her?
18 A. Could have sold them to her.

19 Q. Sold them to her? Why would you sell them to
20 her daughter?
21 A. I don't know. She should have just answered
22 the question, "They were given to me," instead of
23 pausing and not answering the question.
24 Q. She has never said anything else other than
25 they were given to her, has she?

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1 A. After her mother said they were given to her.
2 Q. Before, after, or any time has anyone ever

told
3 you she said she bought the guns?
4 A. No.
5 Q. All right. Are you aware that once her father
6 lives out his probation and five years passed that she
7 can give them back to him, they would still be in the
8 family and they would be legally his, they can do that?
9 A. Did you say after --
10 Q. After the probation is over and five years

have
11 passed, she could give the guns back to him.
12 A. State law, not federal.

13 Q. Are you aware of that?
14 A. I'm aware of the State law that says that.
15 The federal laws says he can't own them.
16 Q. Are you an expert in federal law?
17 A. No, sir.
18 Q. I disagree with you on what the federal law
19 says.
20 MR. ADAMS: I'm going to object again,
21 Judge, argumentative.
22 THE COURT: Let's don't argue the law.
23 It's not in his knowledge, I wouldn't think.
24 Q. (By Mr. Gray:) This is real simple. You work
25 in the sheriff's office and you're out with the

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1 Probation office and work at the direction of the D.A.
2 also. Has anyone in the past five years told you
3 they've seen Mr. Barnum hunting with one of these guns,
4 shooting one of these guns, doing target practice with

a
5 gun, showing a gun to anyone saying "These are my

guns,"
6 have you had any information in five years anywhere
that
7 would tell you that?
8 A. Yes.
9 Q. From who?
10 A. Investigator Hill.
11 Q. And what did Investigator Hill tell you?
12 A. Told me that he heard automatic gunfire from
13 that --
14 Q. He heard automatic gun fire?
15 A. -- from Mr. Barnum's residence.
16 Q. And Mr. Barnum was -- would be the only one
17 that could fire a gun?
18 Well, let me rephrase this again.
19 Evidently you didn't hear my question. Have you had
20 from any source information that identified Mr. Barnum
21 being in possession of a firearm at any time in five
22 years?
23 A. No.
24 Q. You were there to observe that safe. That

safe
25 would be a monster to move, wouldn't it? Would be a

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1 real task, wouldn't it?
2 A. Yes, I think it would be a little harder than

a
3 sofa.
4 Q. If Mr. Barnum had been advised he couldn't

have
5 guns either before the sentencing, gave the guns to his
6 daughter, told her to take those guns and do what she
7 would with them, even if he planned to get them back
8 later whether he legally could or not, he gave them to
9 her, she bought a safe in her name and he never could
10 get to them again, he doesn't have custody and control
11 of those guns, does he?
12 MR. ADAMS: Object again as to being
13 argumentative. That's what the facts --
14 THE COURT: Overruled.
15 MR. GRAY: Answer the question.
16 A. Yes, he could restrict access to those guns by
17 not letting her in his home.
18 Q. But that doesn't let him get to the guns?
19 A. He has access to the guns, they are in a safe
20 in his home.
21 Q. Okay. You're allowed to go to the First
22 National Bank, aren't you?
23 A. Yes, sir.
24 Q. Do you have access to their safe because you
25 can go in there?

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1 A. It's not my house.
2 Q. I see. What about your bedroom? People in
3 your house have that -- since it's your bedroom, can
4 they go in there and go through your things?
5 A. They are called burglars, no.
6 Q. Were you advised the safe was in her bedroom
7 she had been using and had only been gone a little
8 while, was looking for another home?
9 A. I was told she was living in another home and
10 she just hadn't got around to moving the safe.
11 Q. And do you have any reason to disbelieve that?
12 A. Yeah.
13 Q. What is that reason?
14 A. I don't believe she owned the safe.
15 Q. You don't believe she owned the safe?
16 A. On paper, I believe she did.
17 Q. Did you hear the probation officer testify

that
18 he was satisfied she owned the safe?
19 A. I heard him testify to that, yeah.
20 Q. And if he is satisfied she owned the safe and
21 guns were there and nobody else could get to them, he
22 doesn't have custody and control of them, does he?
23 A. Could you rephrase the question?
24 Q. Yes, sir. If she owns the safe, and he is the
25 only one that has a combination, nobody else can get to

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1 those guns, can they?
2 A. If that's the case, no. No one else can.
3 Q. Nothing further.
4 MR. ADAMS: I've got a CD that is about

46
5 minutes to play.
6 THE COURT: We will have a break for

lunch
7 at this time. It's about 10 till. Let's all be back

by
8 1:15, I guess. Or, I've got another hearing set at
9 1:30. Won't take very long. Civil case, so, I'll tell
10 you, let's reconvene this hearing at two. Maybe I can

11 get that out of the way.
12 MR. MOCK: Can we get a copy of the tape

he
13 is going to play? We did not get a copy of it.
14 MR. ADAMS: We would have to burn it. I
15 haven't listened to it.
16 THE COURT: They are allowed to have a

copy
17 of it.
18 MR. GRAY: What does the tape represent?
19 MR. ADAMS: Judge, the tape is basically
20 the audio of the search of the house and dialogue
21 between Mrs. Kim Barnum and the officers.
22 THE COURT: They are entitled to have a
23 copy of it.
24 MR. ADAMS: We will get them a copy of

it.
25 (Recess in proceedings. The following

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1 proceedings had at 2:13 o'clock p.m.)
2 MR. ADAMS: Can we put a stipulation on

the
3 record?
5 MR. ADAMS: Basically opposing counsel

and
6 I agreed, specifically Melvin Gray, that the serial
7 numbers in the live Amended Motion to Revoke and the
8 guns that are named in allegations 2 through 11 are in
9 fact, true and correct and the correct serial numbers
10 and the guns we have been talking about throughout this
11 proceeding.
12 MR. GRAY: No objection, we stipulate to
13 that.
14 THE COURT: Do you agree to stipulate?
15 MR. GRAY: Yes, that way he doesn't have

to
16 prove up all the serial numbers.
17 THE COURT: All right. You're still on

the
18 stand.
19 THE COURT: Go ahead.
20 CONTINUED DIRECT EXAMINATION.
21 By MR. ADAMS:
22 Q. State your name again for the record.
23 A. Carlyle Gover.
24 Q. When you searched Mr. Barnum's residence, you
25 searched the room where the gun safe was and what other
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1 room did you search?
2 A. Mr. Barnum's room.
3 Q. How did you know that was Mr. Barnum's room?
4 A. Advised by his wife.
5 Q. Was it the master bedroom?
6 A. Yes, sir.
7 Q. Was there furnishings in that room?
8 A. Yes, sir.
9 Q. What were they?
10 A. Normal bedroom. Bed, night stand, dressers.
11 Q. Did you search the dresser?
12 A. Yes, sir.
13 Q. And tell Judge Chapman what you found in the
14 dresser.
15 A. In the top drawer, there was two holsters and

a
16 Constable's badge.
17 Q. All right. Did you find anything else in that
18 dresser?
19 A. No.
20 Q. Were the holsters just generic leather

21 holsters?
22 A. Yes, sir.
23 Q. Would any of the pistols in the gun safe,

would
24 they have fit in those holsters?
25 A. Yes, sir.

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1 Q. Now, to be specific, in the safe, did you find
2 receipts to Kim Barnum for her payments on the -- on

the
3 safe?
4 A. Yes, I did.
5 Q. Do you recall how many there were?
6 A. Three, I believe.
7 Q. And the pictures of those are in evidence in
8 State's Exhibits; is that correct?
10 Q. And all three of the three payments made,
11 receipts were kept in that safe?
12 A. Yes.
13 Q. As well as the change of lock; is that

correct?
14 A. Yes I.
15 Q. I'll pass the witness.
17 BY MR. MOCK:
18 Q. Mr. Gover you found two holsters in Mr.
19 Barnum's dresser, is that correct?
20 A. Dresser in the bedroom.
21 Q. In his bedroom?
22 A. Yes, sir.
23 Q. That's not a violation of his probation is it?
24 A. No.
25 Q. So there is nothing wrong with that.

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1 Correct?
2 A. Not in and of itself, no.
3 Q. Yes or no? There is nothing wrong with him
4 having holsters; yes or no.
5 A. No.
6 Q. And a constable badge. You found that?
7 A. Yes, sir.
8 Q. Is that a violation of the condition of his
9 probation?
10 A. No.
11 Q. So there is nothing wrong with him having a
12 constable badge?
13 A. No.
14 Q. So kind of that is irrelevant; is that

correct?
15 A. I don't think it's irrelevant.
16 Q. Why not?
17 A. Holsters go with guns. That's their main
18 purpose. There is no other purpose for a holster other
19 than to hold the gun.
21 MR. ADAMS: State rests.
23 THE COURT: All right. Are you ready to
24 proceed?
25 MR. MOCK: We are, Your Honor. At this

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1 time I would like to recall Mr. Jay Curtis.

2 THE COURT: You've already been sworn,
sir.
3 JAY CURTIS - RECALLED
4 Previously called as a witness, having been duly sworn,
5 was questioned and testified as follows:
7 BY MR. MOCK:
8 Q. Mr. Curtis, do you recall being in here
9 earlier; is that correct?
10 A. I'm sorry?
11 Q. You recall being in here earlier; is that
12 correct?
13 A. Yes, sir.
14 Q. I would like to ask you a few questions. Do
15 you recall the search on November 9 when you went to
16 Mr. Barnum's house?
17 A. I do.
18 Q. Now, just out of curiosity, the file you have
19 there, is that Mr. Barnum's file?
20 A. Yes.
21 Q. What's the purpose of its use right now?
22 A. I just took out the motion that he handed me
23 earlier.
24 Q. All right. Any of it that is going to be

used
25 to refresh your memory or anything?

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1 A. No.
2 Q. Now, you testified earlier that you recalled
3 telling Kim Barnum that day that you were satisfied

with
4 the fact that the safe was hers.
5 Is that correct?
6 A. I did.
7 Q. Okay. You also told her that if she opened
8 the -- opened the safe and knew the combination, you
9 would be satisfied that the guns were hers. Is that
10 correct?
11 A. I don't recall.
12 Q. So, if the audio -- You're telling me if the
13 audio said something different, that the audio would be
14 wrong or you would be wrong?
15 A. If the audio says that, then obviously I said
16 that.
17 Q. Okay. At this point, does the State want to
18 stipulate this is the audio that Mr. Gover had on him

at
19 that time?
20 MR. ADAMS: State will stipulate that's
the
21 audio made.
22 Q. We're going to go to a section in the audio

and
23 let you listen to it and --
24 THE REPORTER: Has that been marked as
25 evidence?

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1 MR. MOCK: I guess I'll offer it as

exhibit
2 number -- Defendant's 3 would be the next one.
3 It's an audio recording of the November 9
4 search.
5 THE REPORTER: Do I need to try to take
6 this down?
7 THE COURT: I wouldn't think so. I
8 wouldn't think so. It will speak for itself, it's on
9 disk format, so if there is any question, we can go to
10 that. And you've agreed to stipulate that this is
11 correct and you have no objection to the admission of
12 this?
13 MR. ADAMS: That's correct, Your Honor.
14 MR. MOCK: We're going to start playing

it
15 at 18 minutes and 25 seconds.
16 (Defendant's 3 Tendered and Admitted)
17 MR. MOCK: 18 minutes and 24 seconds. I
18 can't get it to 25.
19 Q. BY MR. MOCK: I would like for you to listen

to
20 the audio as best you can. Okay?
21 MR. MOCK: I apologize, Your Honor, it's
22 not wanting to cooperate. It seems the computer has
23 froze up.
24 MR. MOCK: Okay. We will try this again,
25 Mr. Curtis. This is what has been marked as

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1 Defendant's exhibit number 3. I believe it has been
2 admitted without objection. It is an audio recording of
3 the search that was on, I guess on Deputy Gover. I
4 would like for you to listen and see if you recognize
5 any of your statements made.

6 (Portion of Defendant's Exhibit 3
published
7 for the Court)
8 Q. (BY MR. MOCK:) At that point, did you just
9 hear yourself say, "If these are your guns and they are
10 in your safe, you're in good shape"?
11 A. And they are registered to you.
12 Q. Was that you that made that statement?
13 A. Yes, sir.
14 Q. Let's listen a little further.
15 (Portion of Defendant's Exhibit 3

published
16 for the Court)
17 Q. Did you just hear yourself tell Kim that by

you
18 showing us, by you having the combination, that has

just
19 proving to me that they are yours.
20 Did you say that?
21 A. Yes.
22 Q. Okay. My question to you, Mr. Curtis, then

is,
23 what changed? Did she provide you the combination?
24 Yes or no?
25 A. She did.

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1 Q. Did she open the safe?
2 A. She did.
3 Q. So you told her if you show me, if you provide
4 me the combination and you show me they are yours, that
5 just proves to me that they are yours. Why do you not
6 think they are hers now?
7 A. I didn't think they were hers that day either.
8 Q. You were lying to her?
9 A. I was.
10 Q. Okay. Why?
11 A. That was just part of our procedure.
12 Q. Your procedure is to lie?
13 A. Well --
14 Q. Your procedure is to lie?
15 MR. ADAMS: Objection, he is trying to
16 answer the question.
17 A. He had a warrant that day as well. And and I
18 was trying to be as nice as possible to her and make

the
19 situation as well as all the deputies to make the
20 situation go as easy as possible. So, yeah, I told
21 her, I made that statement.
22 (BY MR. MOCK)

23 Q. Your testimony was you had already decided to
24 arrest him, it didn't matter what you found in there?
25 A. He had a Motion to Revoke.

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1 Q. You still contend, though, that you believe

the
2 safe is hers. Is that correct?
3 A. Yeah.
4 Q. Just not the guns?
5 A. Correct.
7 CROSS-EXAMINATION
8 BY MR. ADAMS:
9 Q. As far as your dialogue, was Carlyle Gover
10 talking to her also?
11 A. Yes, sir.
12 Q. Was he a little more aggressive than you were?
13 A. Yes.
14 Q. Is that a tactic y'all use when talking to
15 people or questioning people during the investigation

of
16 a crime?
17 A. It is referred to as good cop-bad cop, I was
18 being nice. Sometimes I can get more information out

of
19 them than he could have, and, you know, and different
20 approach.
21 Q. As far as listening to the answers she

answered
22 in answering questions of you that she answered, is
23 there any doubt in your mind that those guns belonged

to
24 Donnie Barnum?
25 A. No doubt.

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1 Q. As far as the rest of the CD goes. That would
2 prove up that that would be your opinion on that date,
3 is that not correct?
4 A. That's correct. At the end of the CD, Gover
5 and I are discussing the fact about me talking to her
6 about the guns and the combination and all of that.
7 We discussed that very fact about me siding with her

and
8 saying, "Well I'm glad you know all of this."

9 You know, that's just the role we played.
10 Q. Do you have any probationers that ask you

while
11 they are on probation if they could keep guns in their
12 house in a gun safe that is owned by somebody else?
13 A. No.
14 Q. I'll pass the witness.
15 Redirect Examination
16 BY MR. MOCK:
17 Q. Okay. Your testimony was that you have never
18 had any other probationers ask if they could keep guns
19 in gun safes.
21 Q. Okay. Is that you personally or is that the
22 Probation Department?
23 A. I can't answer for other officers. Me
24 personally, never.
25 Q. Okay. But as far as you personally, you have

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1 never had a probationer ask if someone else's guns

could
2 be kept in the gun safe at that residence?
3 A. Correct.
4 Q. You don't know if that's the policy of the
5 Brown County Probation Department, correct?
6 A. Correct.
7 Q. Okay. Do you have any knowledge of any other
8 probationer, not under you, where someone's guns, not
9 the person on probation, but someone else's guns were
10 kept in a gun safe on those premises.
11 Do you have any knowledge?
12 A. Not that I can recall.
13 Q. Okay. One quick question. Last question.
14 Why didn't you seize the guns?
15 A. I don't ever seize property. Drugs, guns,
16 nothing.
19 BY MR. ADAMS:
20 Q. Listen to the question. Is it the Brown

County
21 probation office's policy to allow probationers to keep
22 other peoples' guns in gun safes in their homes, the
23 probationer's home?
24 A. No.
25 Q. Okay? That's not tolerated, period, is it?

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1 A. Correct. No.
2 Q. And the bottom line being this, what is the
3 risk Mr. Barnum faces for having guns in his home?
4 A. Ten years in prison.
5 Q. I will pass the witness.
7 BY MR. MOCK:
8 Q. I wanted to clear this up to make sure this is
9 your testimony. This is what the D.A. is asking you.
10 It is your testimony that it is the Brown County
11 Probation Department's policy to never allow
12 probationers, people on felony probation, to keep other
13 peoples guns in a safe locked up at their residence.
14 Is that your testimony?
15 A. That would be my testimony, yes.
16 Q. And your policy?
17 A. Yes.
18 MR. MOCK: Pass the witness.
19 MR. ADAMS: Nothing further, Judge.
20 THE COURT: You may step down. Continue

21 with the evidence please.
22 MR. MOCK: Your Honor, at this time I

call
23 Joe Shaw.
24 THE COURT: Is this person here?
25 MR. MOCK: Yes, Your Honor. He was

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1 subpoenaed. He was properly subpoenaed through the
2 clerk. My understanding was he was here this morning.
3 MR. ADAMS: Judge, he is in probation up

on
4 the third floor. They went to get him.
6 THE REPORTER: Where did you stop playing
7 the disk, Defendant's 3, Counsel?
8 MR. MOCK: I stopped the playing at
9 19:01.
10 THE COURT: Come in and have a seat,
11 please, sir.
12 Your right hand.
13 (Witness sworn)
14 JOE SHAW,
18 BY MR. MOCK:
19 Q. Mr. Shaw, how are you doing today?
20 A. I'm doing well. Thank you.
21 Q. Mr. Shaw, do you recall, my name is Justin
22 Mock, I'm one of the co-counsel for Mr. Barnum. Do you
23 recall talking to me awhile back?
24 A. Yes, I do, uh-huh.
25 Q. And do you recall talking to me about if you

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1 ever did the intake with Donnie Barnum when he was put
2 on probation?
3 A. Yes, sir.
4 Q. Do you recall that intake?
5 A. Yes. Well, I recall, I believe I recall
6 specifically him sitting there and me talking to him.
7 Q. I want to talk to you a little bit about the
8 Brown County Probation's policies regarding firearms.

9 Okay?
10 Have you ever had a probationer who has
11 requested a felony probation who has requested to keep
12 someone else's firearms on their premises?
13 A. I don't specifically remember that. No.
14 Q. Okay. Do you recall any misdemeanor
15 probationers who have requested that?
16 A. No.
17 Q. Okay. Do you recall doing an intake for Mr.
18 Joe Cooksey in January of 2011?
19 A. Yes, I remember doing an intake for him.
20 Q. He was put on probation, is that correct?
21 A. That's correct, misdemeanor.
22 Q. Do you recall him asking about keeping
23 firearms?
24 A. No, I don't.
25 Q. So you have no recollection of telling Mr.

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1 Cooksey that the partner that he lived with could keep
2 firearms in the house as long as they were locked up

out
3 of his control. You don't recall that?
4 A. Not specifically. I recall on occasion I

might
5 have been asked about it, but I do a lot of
6 in-processings. A great deal of them. And specific
7 things like that, I might have been asked, but I don't
8 know exactly who asked me.
9 Q. Okay. If he did ask you that, what would be
10 your answer to him, had he asked you that?
11 A. Well, when we in-process, there are two areas
12 we try to cover. One is the judgment which has the
13 rules of probation. The other is our Department
14 processing forms for various things like community
15 service, agreeing he has gotten a copy of the Judgment
16 and it has been explained to him.
17 Another one is the certain rights that
18 might have been affected by him getting probation like
19 voting, running for office, jury duty, and weapons.
20 Q. Okay. And so, what does probation generally,
21 what is your general statement to people placed on
22 probation regarding firearms?
23 A. I can tell you specifically what I tell people
24 and go over with them when I process them.
25 Q. Okay. And what is that?

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1 A. Specifics?
2 Q. Actually me and you have talked about this,
3 haven't we?
4 A. Yes.
5 Q. And what is it that you tell them

specifically?
6 A. Referring to weapons?
7 Q. Yes, sir.
8 A. All right. That is on the form that has to do
9 with certain rights affected, like voting, running for
10 office, jury duty. If anybody has a felony conviction,
11 we address the weapons portion in specifics. And I
12 can -- I brought a copy of that. I don't know if you
13 have access to that or not.
14 When it comes to weapons, I make it clear
15 to them that they cannot possess, ship, transport or
16 receive any firearm, ammunition or explosive device.

On
17 occasion I am asked, or told, "Well I have some guns."
18 When I hear that, I tell them they must
19 move the weapons out where they don't have access to
20 them.
21 Q. So, your standard answer and more than likely
22 what you told Mr. Barnum was that he had to remove them
23 to a place where he did not have access to them.
24 A. I'll guarantee you, I tell everybody that that
25 I process. If a person specifically asks me, well that

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1 was five-and-a-half years ago, I don't recall
2 specifically about the gun case.
3 Q. And you don't recall anything regarding when
4 you did Mr. Cooksey's intake in January of 2011?
5 A. As far as him having weapons?
6 Q. As far as him having weapons?
7 A. I will assure you I read him the same
8 statement, because I do it to everybody.
9 Q. So, you would have read him the same statement
10 that you read Mr. Barnum. Is that what you're telling
11 us?
12 A. Yes.
13 Q. And you would have told him the same rules
14 applied to him as to what you would have told the rules
15 that apply to Mr. Barnum?

16 A. It applies in his judgment because all
felonies
17 and misdemeanors both have that term of probation.
18 Q. So, yes, whatever you told Cooksey would have
19 been the same rules that you said applied to Mr.

Barnum,
20 is that your answer?
21 A. If it's what I just mentioned to you, I told

it
22 to everybody I in-process.
23 Q. Very good. Pass the witness?
24 MR. ADAMS: No questions.

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1 THE COURT: Is he excused to go back up

to
2 his office?
3 MR. MOCK: If he is just going upstairs,
4 yes, sir.
5 THE COURT: You can go back to your

office,
6 don't leave the building.
7 MR. MOCK: At this time, I call Mr. Joe

8 Cooksey. Or Mr. Cooksey.
9 (Witness sworn)
10 JOE COOKSEY,
14 BY MR. MOCK:
15 Q. Please state your name.
16 A. Joe Cooksey.
17 Q. And Mr. Cooksey, were you found guilty of a
18 misdemeanor?
19 A. I was.
20 Q. When were you found guilty of that

misdemeanor?
21 A. That was January, I guess that was January 13
22 of 2011, this year.
23 Q. Were you placed on probation here in Brown
24 County?
25 A. I was.

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1 Q. Were you -- Was that in January of 2011?

2 A. Yes.
3 Q. Do you recall who did your intake for that?
4 A. Joe Shaw.
5 Q. Was that the gentleman that just testified?
6 A. Yes, it was.
7 Q. Okay. Are you married?
8 A. No.
9 Q. But do you live with someone?
10 A. Yes, I do.
11 Q. Who is that?
12 A. Cathy Coplen. (Phonetics)
13 Q. Would you call her your significant other?
14 A. I would.
15 Q. Okay.
16 A. Or I would be in trouble otherwise.
17 Q. Okay. So, Cathy is your significant other.

How
18 long have y'all resided together?
19 A. Oh, we have been together I guess probably

five
20 years.
21 Q. Okay. Does she own guns?
22 A. Yes, she does.
23 Q. How many guns does she own?
24 A. Two weapons.
25 Q. What are they?

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1 A. Smith & Wesson .357 and a Smith & Wesson .38,
2 both revolvers.
3 Q. Did that concern you when you were placed on
4 probation?
5 A. Yes.
6 Q. Do you recall when you were doing your intake
7 with Mr. Shaw in January of 2011, do you recall
8 mentioning to him "My significant other owns guns"?
9 A. I do recall that.
10 Q. Do you recall mentioning to him that she
11 resides with you?
12 A. I do recall that.
13 Q. Do you recall mentioning to him you would
14 continue to reside there?
15 A. Yes, sir.
16 Q. Do you recall what he told you?
17 A. I recall exactly what he told me.
18 Q. What did he tell you?
19 A. When he got to the section going over the

terms
20 of probation?
21 Q. Just tell me out of curiosity, would that be
22 the section he just testified about?
23 A. Yes, sir. And explained that you can't have
24 weapons. I said, "Cathy has weapons."
25 And he said specifically to me, he said,

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1 "Well, she has got to lock them up where you can't have
2 access to them."
3 She is not on probation, obviously,

that's
4 why I brought the question up.
5 But he specifically told me that she has
6 got to lock those up where you can't have access to
7 them.
8 MR. ADAMS: Just a minute, just a minute,
9 objection, non-responsive.
10 THE COURT: Just answer the question,
11 please, sir.
12 Q. (BY MR. MOCK) Did Mr. Shaw tell you that

Cathy
13 had to lock her guns up so that you didn't have access
14 to them?
16 Q. Did he say that would satisfy that condition

of
17 probation?
18 A. He implied that, yes.
19 Q. And is that basically what you did?
20 A. Yes.
23 BY MR. ADAMS:
24 Q. Okay. Mr. Cooksey, now you're on probation

for
25 a Class B Misdemeanor, is that correct?

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1 A. That would be correct.
2 Q. Where y'all had these shenanigans where you
3 published the Commissioners Court meetings that were in
4 executive session; is that correct?
5 A. According to your statement, that would be
6 correct.
7 Q. You were found guilty of it by a jury over
8 there in Frank Griffin's court, is that correct?
9 A. Not in Frank Griffin's court. No.
10 Q. Whose court was it?
11 A. Judge Wheeler was presiding in that court.
12 That case is on appeal. You're aware of that too.
13 Q. Okay. And basically -- Basically, you're on
14 probation for a year or two years?
15 A. No, I'm not on probation right now.
16 Q. What are you doing? You have been convicted?
17 A. Well, Mr. Adams, the case is on appeal. I'm
18 out on a P.R. bond. I don't have to report to the
19 Probation Department right now.
20 Q. Okay. Now --
21 A. During the pendency of the appeal.
22 Q. Now, does -- What is this lady's name you're
23 living with?
24 A. Cathy Coplen.
25 Q. Does she own a Smith & Wesson .357?

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1 A. She does.
2 Q. Does she own a Smith & Wesson .45?
3 A. Not a .45, I don't believe.
4 Q. Does she own a Browning 9 millimeter?
5 A. No.
6 Q. Does she own a Jennings .22 model JTT --
8 Q. A Glock nine-millimeter?
9 A. She gave a number of guns away to her deceased
10 husband's children.
11 Q. Okay. That was good thinking. What about a
12 Ruger .22?
13 A. Not that -- I've never seen a Ruger .22.
14 Q. What about a Marlin .22 mag?
15 A. Never seen a Marlin .22 mag.
16 Q. What about a Marlin 30-30?
17 A. Never seen a Marlin 30-30.
18 Q. What about AK47?
19 A. No.
20 Q. What about three pair of brass knuckles?
21 A. Never seen any brass knuckles.
22 Q. What about a Winchester .22 model 190?
23 A. No.
24 Q. What about a gun safe full of ammunition?
25 A. No gun safe.
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1 Q. You're on Class B Misdemeanor rather than a
2 third degree felony?
3 A. I'm under the same --
4 MR. MOCK: Object, that is irrelevant.

The
5 code doesn't differentiate.
6 THE COURT: Well, let's go on.
7 A. I'm under the same terms of probation that Mr.
8 Barnum is under.
9 Q. Object as non-responsive. Are you convicted

of
10 a Class B Misdemeanor that you have on appeal?
11 MR. MOCK: Again irrelevant. The Code
12 doesn't differentiate.
13 THE COURT: Overruled. He just asked if

he
14 is convicted.
15 A. Yes, I'm convicted. You know that.
16 MR. ADAMS: I'll pass the witness.
17 MR. MOCK: Nothing further.
18 THE COURT: You may step down. Who will

19 you have next?
20 MR. MOCK: At this time, we call Gordon
21 Bearden.
22 THE COURT: All right, Gordon Bearden.
23 (Witness sworn)
24 GORDON BEARDEN,

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3 (BY MR. MOCK)
4 Q. Mr. Bearden, who are you employed by?
5 THE COURT: Ask him to state your name. I
6 don't know who this gentleman is.
7 Q. Will you state your full name?
8 A. Gordon Bearden.
9 Q. Mr. Bearden who are you employed by?
10 A. 35th Judicial District Probation Department.
11 Q. Okay. Are you, in fact, the probation officer
12 for Mr. Barnum?
13 A. Yes.
14 Q. And how long have you been his probation
15 officer?
16 A. Since he was placed on, in, since 4-27-06.
17 Q. Okay. So you have actual knowledge of how

he's
18 conducting himself on probation; is that correct?
19 A. Yes, I'm the supervising officer.
20 Q. Can you tell the Court how he has done on
21 probation, has there ever been any problems?
22 A. No.
23 Q. Has he ever missed reporting?
24 A. He may have had to reschedule one time, but he
25 did call in advance, you know, to let me know and

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1 reschedule his appointment.
2 Q. Ever not pay any fees?
3 A. No.
4 Q. Ever not done anything probation has asked?
5 A. No.
6 Q. Okay. Point in fact, you were asked
7 specifically by me whether or not you would oppose him

8 being released from probation early, and is it true
that
9 you said you would not oppose that?
10 A. That's correct. That's correct.
11 Q. So, in your opinion he has been a model
12 probationer?
13 A. He was up until the point that this new

offense
14 came up, yes, sir.
15 Q. When you say new offense, you're talking about
16 the October 21st MTR?
17 A. Yes.
18 Q. So, up until that bogus allegation was filed,
19 he has been a model probationer?
20 MR. ADAMS: Objection, argumentative.
21 Q. BY MR. MOCK: Up until that MTR was filed, he
22 has been a model probationer?
23 A. Yes.

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1 BY MR. ADAMS:
2 Q. Mr. Bearden, bottom line being, had you known
3 that he had committed this offense of tampering -- or
4 I'm sorry, with the deal with the Commissioners Court,

I
5 keep forgetting the name of the offense, had you known
6 he had committed that, would you have ever agreed to an
7 early discharge?
8 A. No, no.
9 MR. MOCK: Objection. First, he is
10 assuming it's an offense, and second, that Motion to
11 Strike has been granted, that's not an issue.
12 THE COURT: I will grant that, that is

not
13 an issue.
14 (BY MR. ADAMS:)
15 Q. Had you known he had ten guns, three pair of
16 brass knuckles and a gun case full of ammunition at his
17 home, would you have ever indicated that you might

agree
18 to an early discharge?
19 A. No.
20 Q. As a matter of fact, what's he facing as far

as
21 altering his life for him having those guns out there?
22 A. Up to ten years in prison.
23 Q. Would the term "deceitful" or "foolish" come

to
24 mind for doing that?
25 A. I would think so, yes.

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1 Q. Have you ever admonished him that he didn't
2 need to have any guns around his house?
3 A. I tell everyone that I supervise -- Now, do I
4 remember telling Mr. Barnum this specifically, no.
5 If he asked me, though, I can tell you what I told him.
6 I advise everyone if they are in possession of any
7 firearms, they need to get someone to come get those
8 firearms and take them, you know, whether it be a
9 brother, a father, or someone and take them to their
10 residence.
11 Q. Their residence as in the other person's
12 residence?
13 A. Yes, sir.
14 Q. Now, in this case, had he ever come clean to
15 you and said, Look, Mr. Bearden, I have these guns that
16 I am taking the position that I have given my daughter,
17 yet I have them in my home in a gun safe that

18 hypothetically I don't have access to, would it be safe
19 to say that you would have told him, "Take the guns out
20 of the safe, move them out of the home, and move the
21 safe out of the home also"?
22 A. Yes. I would advise him to get the firearms
23 out of his house, because there is no point in him
24 taking that chance, that risk.
25 Q. As it sits right now, is he in violation of

his

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1 probation for having possession of his firearms out of
2 his home.
3 MR. MOCK: Objection, that's the whole
4 point of this hearing.
5 THE COURT: Overruled. He can express an
6 opinion.
7 A. He is in possession of those firearms, yes.

He
8 is in violation of his probation.
11 BY MR. MOCK:
12 Q. Mr. Bearden, when did you advise -- Or let me
13 rephrase that. Did you ever contact the D.A. regarding
14 my motion to terminate Mr. Barnum's probation, or --
15 A. No.
16 Q. So you --
17 A. Not that I recall.
18 Q. You never talked to the D.A.'s office and say,
19 "Hey, they filed this motion and this is my position on
20 it"?
21 A. No.
22 Q. Um, your testimony is you would have advised
23 Mr. Barnum regarding the weapons to remove them from

his
24 house. Is that correct?
25 A. Yes.

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1 Q. Okay. Do you know what the actual law is
2 regarding possession of a firearm?
3 A. Well, I know a felon cannot possess a firearm.
4 And it is a condition of their probation that they not
5 possess a firearm, ammunition or any explosive device.

6 Q. Do you know what the law is regarding what
7 constitutes possession?
8 A. No, I can't, I mean, I can't say that I do.
9 Obviously I think that's why we're having this hearing.
10 Q. So, it's fair to say that your testimony of "I
11 advise the probationers to remove them from the house,"
12 it's fair to say that opinion of yours is not based on
13 any knowledge of -- any knowledge that you have of the
14 law regarding possession. Correct?
15 A. I guess it's fair to say that. Correct.
17 MR. ADAMS: No further questions.
18 THE COURT: You may step down. All

right.
19 Who will you have next, please?
20 MR. MOCK: Your Honor, at this time, I
21 would call Kim Barnum. I believe her new married name
22 is Mangleberger
23 (Witness sworn)
24 KIMBERLY MANGLEBERGER

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3 BY MR. MOCK:
4 Q. Would you state your full name for the Court?
5 A. Kimberly Mangleberger.
6 Q. Kim, you are Donnie's daughter; is that
7 correct?
8 A. Yes, sir.
9 Q. Kim, do you recall April of 2006 when your
10 father was placed on probation?
11 A. Yes, I do.
12 Q. Okay. Do you recall going to your father's
13 house that day after he was done in court?
14 A. Yes, I do.
15 Q. Okay. And before your father was placed on
16 probation, did he own a number of guns?
17 A. Yes, he did.
18 Q. And specifically, have you seen the Motion to
19 Revoke that has been filed against your father?
20 A. Yes, I have.
21 Q. Have you seen the guns that have been alleged
22 that he possessed?
23 A. Yes, I have.
24 Q. Were those the guns your father owned before

he
25 was placed on probation?

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1 A. Yes, they were.
2 Q. Do you recall on April 27 of '06 your father
3 giving you those guns?
4 A. Yes.
5 Q. Okay. Can you tell the Court what your father
6 told you regarding those guns on that day?
7 A. I don't remember the exact words, but it was

to
8 the effect of, "I can't have these anymore, they are
9 yours, take 'em."
10 He said, "I can't tell you what to do

with
11 them or anything, just take them because I can't have
12 them."
13 Q. At that time, April of 2006, where were you
14 living?
15 A. I stayed with my parents during the week in
16 Brownwood, then I stayed -- on the weekends in
17 Brownwood with my parents and during the week I was in

18 Stephenville for school.
19 Q. Where do you go to school at?
20 A. Tarleton State.
21 Q. The majority of the time, you were in
22 Stephenville and not in Brownwood at that time,

correct?
23 A. Yes, sir.
24 Q. That day when you're father gave you the guns,
25 what did you do with them?

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1 A. I took them to my grandparents' house.
2 Q. Why?
3 A. Because that was the only way to get them out
4 of the house, and it was the closest place to go.
5 Obviously I didn't drive them all the way to
6 Stephenville because I was in Brownwood.
7 Q. What are your grandparents name?
8 A. Stormy and Juanita Barnum.
9 Q. Is that your father's parents?
10 A. Yes, sir.
11 Q. How long did the guns stay there?

12 A. From April to October 4, when I got the safe.
13 Q. October 4, you say you purchased a safe, is
14 that correct?
15 A. Yes, sir.
16 Q. May I approach, Your Honor? May I approach
17 the witness, Your Honor?
19 Q. (BY MR. MOCK:) I will show you what has been
20 previously marked as State's Exhibit 17. It appears to
21 be pictures.
22 Do you know what those are pictures of?
23 A. Yes, sir.
24 (BY MR. MOCK)
25 Q. What are those pictures of?

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1 A. Those are pictures of my payment receipts for
2 the safe.
3 Q. All right. So those are the receipts that you
4 got when you purchased the safe?
5 A. Yes, sir.
6 Q. Where did you purchase the safe from?
7 A. Johnson Implement Company in Gorman.
8 Q. Why did you purchase the safe?
9 A. Because my grandparents said that their closet
10 space was really too small, they didn't have enough

room
11 to keep the guns anymore. And I had been staying with
12 my parents out there the summer because I didn't go to
13 school that summer, so I was living with my parents,
14 and I kept them at their house. And they said we need

to
15 get them out because they didn't have enough room. So

I
16 bought the safe.
17 Q. Your grandparents' house?
18 A. Yes, sir, my grandparents told me that. I

said,
19 Okay, so I bought the safe. And I moved into my
20 parents' house and I took the guns and put them in the
21 safe.
22 Q. Because at that time, you were about to start
23 spending more time in Brownwood at your parents' house
24 than in Stephenville; is that correct?
25 A. Yes, sir.

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1 Q. Is it fair to say when you're in Brownwood you
2 live with your parents?
3 A. Yes, sir.
4 Q. And you live in your bedroom?
5 A. Yes, sir.
6 Q. And therefore, since you were going to stay
7 there and your grandparents couldn't keep the guns, you
8 had to purchase a safe?
9 A. Yes, sir.
10 Q. That's what these receipts reflect?
11 A. Yes, sir.
12 Q. You purchased the safe with your money?
13 A. Yes, sir.
14 Q. How, did you have a job?
15 A. I worked for my dad at that particular point

in
16 time. I also have a septic system installer's license
17 that I've had since 2004.
18 Q. Were you installing septic systems during that
19 time?
20 A. I don't recall the specific time period, but I
21 had --
22 Q. How would you afford this. How much was the

23 safe?
24 A. The safe cost with tax and everything cost
25 around $1,200.

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1 Q. Did you work with John Deere to put it on
2 credit?
3 A. Yes, sir, I had a credit account.
4 Q. How much?
5 A. I made $500 payments in the first two and then
6 the remainder in the next month.
7 Q. How did you make the payments?
8 A. Cash over there myself.
9 Q. And paid them?
10 A. Yes, sir.
11 Q. They gave you cash receipts?
12 A. Yes, sir.
13 Q. That's what State's Exhibit number 17 was?
14 A. Yes, sir.
15 Q. All right. So, is it fair to say that at any
16 time that you were at your parents' house, the guns had
17 to be -- were locked in that safe?

18 A. Yes, sir.
19 Q. Is that correct?
20 A. Yes, sir.
21 Q. And that was October of when?
22 A. 2006.
23 Q. 2006?
24 A. Uh-huh.
25 Q. All right. Did you go back to Stephenville

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1 after that?
2 A. Yes, sir.
3 Q. When?
4 A. Spring semester of 2008.
5 Q. That was to go back to school?
6 A. Yes, sir.
7 Q. You left your parents' house Spring of '08.
8 Did you take the guns with you?
9 A. Yes, sir.
10 Q. Did you leave any of those guns there?
11 A. No, sir.
12 Q. You took them with you. Why?
13 A. Because that is where I was living, I was
14 living in Stephenville. Obviously, the guns went with
15 me.
16 Q. Because they are your gun?
17 A. They are my guns.
18 Q. Because your dad gave you the guns?
19 A. Exactly.
20 Q. That was spring of '08? Correct?
21 A. Yes, sir.
22 Q. Was that the entire semester, did you do that?
23 A. Yes, sir.
24 Q. We're now at the summer of '08. Are you done
25 with school?

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1 A. Yes.
2 Q. So where did you live?
3 A. I move back to Brownwood.
4 Q. You had to move back in with your parents?
5 A. Yes, sir.
6 Q. Okay. Did the guns follow you?

7 A. Yes.
8 Q. Did you put them in the safe?
9 A. Yes, I did.
10 Q. Did you stay with your parents all of the
11 summer of '08?
12 A. Yes, sir.
13 Q. Then, when did you move back to Stephenville?
14 A. May of 2010.
15 Q. What for?
16 A. I was going back to school. Um, I moved into

a
17 rent house over there.
18 Q. Did you take the guns with you?
19 A. No, I did not.
20 Q. Why not?
21 A. Because I was still staying in Brownwood part
22 time.
23 Q. Can you give the Court an idea at that point
24 about how much time you were staying in Brownwood

versus
25 Stephenville?

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1 A. I was pretty much home every weekend or back
in
2 Brownwood every weekend.
3 Q. All right. So, the gun stayed there in the
4 safe because you were staying with your parents a
5 significant amount of time?
6 A. And also because I can't obviously move the
7 safe, it's really heavy. I couldn't take it with me
8 because of my work schedule and school schedule. I had
9 to have a baby-sitter, and due to a lack of security I
10 didn't want a bunch of guns around there for them to
11 mess with.
12 Q. You kept them in your room at your parents'
13 house where you stayed almost every weekend?
14 A. Yes.
15 Q. All right. When were you done with living in
16 Stephenville?
17 A. I believe it was the third week in July of

this
18 year.
19 Q. Of 2011?
20 A. Uh-huh.
21 Q. July of 2011, you were done living in
22 Stephenville. You move back to Brownwood?
23 A. Yes, sir.
24 Q. Did you move in with your parents?
25 A. Yes, I did.

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1 Q. Okay. Were the guns there in the safe?
2 A. Yes.
3 Q. Okay. You recently got married. Is that
4 correct?
5 A. Yes, sir.
6 Q. When did you get married?
7 A. June 9 of this year.
8 Q. So, actually you and your husband were living
9 there in the bedroom?
10 A. Uh-huh.
12 A. Yes, sir.
13 Q. Okay.
14 A. Uh-huh.
15 Q. Y'all were living there until when?
16 A. I believe sometime around the first part of
17 September of this year.
18 Q. Why were you living with your parents after

you
19 got married?
20 A. Because my husband had obtained a job in
21 Brownwood. And he had to start work before our mobile
22 home was completely remodeled so we couldn't move into
23 it, so we moved in with my parents.
24 Q. Y'all were -- During the summer of 2011, y'all
25 were remodeling a trailer?

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1 A. Yes, sir.
2 Q. That trailer was done September of 2011?
3 A. Yes, sir.
4 Q. That's when you and your husband moved out of
5 your bedroom at your parents' house and into that
6 trailer?
7 A. Yes, sir.
8 Q. Did you move all your stuff at that time?
9 A. No, sir.
10 Q. Was there still stuff left in the room?
11 A. Yes, sir.
12 Q. Was one of the things that was left in the

room
13 the gun safe?
14 A. Yes, sir.
15 Q. As well as the guns?
16 A. Yes, sir.
17 Q. How big is that gun safe?
18 A. I would assume close to five feet tall.
19 Q. Is it big?
20 A. It's huge.
21 Q. Is it a task to move?
22 A. Yes, sir.
23 Q. Is it something that y'all just didn't move
24 yet?
25 A. Yes, sir.

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1 Q. May I approach the witness?
2 THE COURT: Uh-huh. Yes.
3 (BY MR. MOCK)
4 Q. I'm now going to show you, Kim, what has been
5 marked as State's Exhibit 12. It's two pictures. I
6 want you to focus on the top one. Do you know what

7 that's a picture of?
8 A. Yes, sir.
9 Q. What is that a picture of?
10 A. That is a picture of the combination request
11 that I had sent in when I lost the combination.
12 Q. The date on that, it appears to be October --
13 or 9-15 of '08? Would that be correct?
14 A. Yes, sir.
15 Q. Why did you have to send that in?
16 A. Because I had lost the original combination. I
17 don't know what happened to it.
18 Q. And you sent this in to Liberty Safe. Is that
19 who makes the safe?
20 A. Yes, sir.
21 Q. Did they require you to send this in to

replace
22 the combination?
23 A. Yes, sir.
24 Q. Wouldn't it have been easier to just get the
25 combination from your dad?

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1 A. Well, if he had it, yeah.
2 Q. Wouldn't it have been easier to get the
3 combination from your mom?
4 A. If she had it, yes.
5 Q. So no one had the combination?
6 A. No, no one but me.
7 Q. When you lost the combination, the only way

for
8 you to get it was to actually send the letter in to
9 request the combination?
10 A. Yes, sir.
11 Q. That was done back in '08, correct?
12 A. Uh-huh.
13 Q. Wasn't done here recently?
14 A. No.
15 Q. Wasn't done after an MTR was filed alleging
16 possession of a firearm, was it?
17 A. No.
18 Q. I also want to show you what has been marked

as
19 State's Exhibit 19, appears to be two pictures. I want
20 you to focus on the top one. Do you see -- What is

that
21 a picture of?
22 A. My room at my parents' house.
23 Q. Okay. So, is this a picture of the room that

24 you lived in when you are at your parents' house?
25 A. Yes, sir.

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1 Q. Is it a picture of the room that you and your
2 husband lived in during the summer of 2011 till your
3 trailer was ready in September?
4 A. Yes, sir.
5 Q. Is it a picture of where your gun safe is
6 located?
7 A. Yes, sir.
8 Q. I want to start looking at stuff in this room,
9 okay? Can you identify stuff in this room?
10 A. Yes, sir.
11 Q. Is that your mattresses?
12 A. Yes, sir.
13 Q. Is that -- That appears to be a Huggies box?
14 A. Yes, sir.
15 Q. Can you tell what is in it?
16 A. I think that one has got papers in it.
17 Q. Do you recognize that Huggies box?
18 A. Yes, sir.
19 Q. Is the papers, would they be your personal
20 papers?
21 A. Yes, sir, they are.
22 Q. Okay. Do you recognize that jar?
23 A. Yes, sir.
24 Q. Is that your jar?
25 A. Yes.

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1 Q. Is there anything in this photograph that is
2 not yours?
3 A. No, sir.
4 Q. Are those your clothes?
5 A. Yes, sir.
6 Q. Are those your clothes hampers?
7 A. Yes, sir.
8 Q. Is that your clothes hamper?
9 A. Yes, sir.
10 Q. Again, is that your dresser?
11 A. Yes, sir.
12 Q. So, everything in this photograph in this

13 bedroom is yours?
14 A. Yes, sir.
16 A. Yes, sir.
17 Q. Okay. So it's fair to say that you still have
18 stuff there in that bedroom?
19 A. Yes, sir.
20 Q. And that you had just not moved it at all, is
21 that correct?
22 A. Yes, sir.
23 Q. That's your bedroom that you lived in when you
24 stayed at your parents' house; is that correct?
25 A. Yes, sir.

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1 Q. You stayed there continuously pretty much

until
2 you and your husband got married in the summer of 2011?
3 A. Yes, sir.
4 Q. Then y'all fixed up the trailer, the trailer
5 was ready in September, you moved out?
6 A. Yes, sir.
7 Q. Have you ever given your dad the combination
to
8 the safe?
9 A. No, sir.
10 Q. Have you ever given your mom the combination
11 the safe?
12 A. No, sir.
13 Q. Have you ever given your dad access to the
14 weapons?
15 A. No, sir.
16 Q. Have you ever opened the safe around your dad?
17 A. No, sir.
18 Q. Have you ever had possession or access or use
19 of the guns when your dad was present?
20 A. No, sir.
21 Q. You've actually passed a lie detector test
22 stating that; is that correct?
23 A. Yes, sir.
24 MR. ADAMS: Objection, argumentative,

facts
25 not in evidence.

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1 THE COURT: Sustained.
2 MR. ADAMS: If they're going to bring

that
3 up, bring the polygraph down here.
4 MR. MOCK: Do you want the polygraph --
5 MR. ADAMS: Well, bring somebody down

here
6 instead of some paper y'all made up.
7 MR. GRAY: We didn't make it up --
8 MR. ADAMS: Whatever. Don't bring it up
9 into evidence when it's not proper.
10 MR. MOCK: At this point, I believe I

could
11 offer this to go to the credibility of their witnesses
12 because their own witness attacked the credibility of
13 Kim regarding her not knowing the cost of the guns, not
14 owning the safe. If they attack her credibility, I can
15 offer a polygraph to build back up her credibility to
16 show she has not been impeached. I don't see why it's
17 not admissible.
18 THE COURT: You can enter it. I don't

care
19 if you enter it. I don't think it's evidence, I don't
20 think it can be. Polygraph results are not evidence

and
21 not considered to be evidence, you can enter the --
22 whatever you want as far as a piece of paper if they

23 don't object.
24 But it's not going to be evidence and not
25 going to have any effect on me one way or the other.

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1 MR. MOCK: I will move on.
2 THE COURT: Okay.
3 Q. (BY MR. MOCK) So, you have never -- You have
4 never given your father the combination to the safe?
5 A. No, sir.
6 Q. You have never given your mom a combination?
7 A. No, sir.
8 Q. You're the only one that knows how to get in
9 that safe?
10 A. Other than my husband now, but he did not

know
11 until a few months ago.
12 Q. Okay. Also, there was an issue of a grenade
13 that was brought up. Do you know what grenade we're
14 talking about?
15 A. Yes, sir.
16 Q. What grenade is that?

17 A. It's a grenade that my -- I believe my great
18 grandfather has brought back from Germany. It has been
19 passed through my family. It's not live.
20 Q. Is that in your room?
21 A. Yes, sir.
22 Q. It is a grenade? Is that a live grenade?
23 A. No.
24 Q. It's been in your family for how long?
25 A. Yes, sir.

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1 Q. Was it yours?
2 A. Yes, sir.
3 Q. Was it something that was given to you by your
4 dad when he gave you all of the guns?
5 A. Yes, sir.
6 Q. It was something you didn't keep in the safe,
7 why didn't you keep it in the safe?
8 A. It's not a weapon.
9 Q. Because it doesn't work?
10 A. Yes, sir.
11 Q. Kind of just more for looks?

12 A. Yes, sir.
13 Q. Were you in court when you heard testimony
14 regarding some gunshots heard from your parents' house?
15 A. Yes, sir.
16 Q. Do you recall firing a weapon that would make
17 those type of gun shots?
18 A. Yes, sir.
19 Q. When was that?
20 A. I'm going to say about September of 2010.
21 Q. September of 2010. What gun were you firing?
22 A. The Glock nine millimeter.
23 Q. Okay. Was your father present?
24 A. No, sir.
25 Q. In fact, your father has never been present

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1 when you have taken the guns out of the safe?
2 A. No, sir.
4 A. Yes, sir.

6 CROSS-EXAMINATION
7 BY MR. ADAMS:
8 Q. How old are you?
9 A. How old am I?
10 Q. Yes, ma'am?
11 A. 25.
12 Q. You have one baby?
13 A. Yes, sir.
14 Q. When you made this money to pay for that safe,
15 you were working for your dad; is that correct?
16 A. Yes, sir. Along with other people.
17 Q. Tell the Court what you did.
18 A. I operate heavy equipment. Farm, ranch, ranch
19 work.
20 Q. Basically, some of the work you did, you did
21 with your dad which he does with your heavy machinery
22 work?
23 A. Yes, sir.
24 Q. Hauling aggregate?
25 A. I don't believe I ever did any of that. I

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1 grubbed mesquite trees, basically.
2 Q. He does work like that?
3 A. Yes, sir.
4 Q. As well as puts in septic tanks?
5 A. Yes, sir.
6 Q. Were you on his payroll or were you contracted
7 with him?
8 A. Contracted.
9 Q. And then, basically, did you, I believe you
10 testified you went and paid cash, 2 or 3 payments to
11 John Deere for the gun safe?
12 A. Yes, sir.
13 Q. Now, when you testified while ago that he gave
14 you the guns back in April of 2006?
15 A. Yes, sir.
16 Q. Why did he do that?
17 A. Because he had been convicted of a felony,
18 placed on probation where he could not legally possess
19 them.
20 Q. You took them over to your grandparents'

house,
21 Mr. And Mrs. Barnum?
22 A. Yes, sir.
23 Q. What is Mr. And Mrs. Barnum's first names?
24 A. Stormy and Juanita.

25 Q. Did they have a gun safe over there?

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1 A. No, sir.
2 Q. Where did they keep them there?
3 A. In a closet.
4 Q. Then, you brought them back, I got confused
5 about the timeline, had you bought the gun safe at that
6 point in time when you brought them back to the house?
7 A. Yes.
8 Q. You took them out again when you went to
9 Stephenville for that one time going to school?
10 A. Yes, sir.
11 Q. Now, did you keep them over there?
12 A. In my closet.
13 Q. Did you have an apartment or house?
14 A. House.
15 Q. Did you have other people there at the house
16 living with you?
17 A. Not at that time, no.
18 Q. Living by yourself?
19 A. Yes, sir.
20 Q. You brought them back to the house again, I
21 lost track of time, I believe that was sometime the
22 summer of '08?
23 A. Yes, sir.
24 Q. And then, something about a rent house in May
25 of 2010?

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1 A. Yes, sir.
2 Q. Where was that at?
3 A. In Stephenville.
4 Q. Did you take the guns with you then?
5 A. No, sir.
6 Q. But you had a rent house and you were back in
7 Brownwood every weekend, right?
8 A. Yes, sir.
9 Q. Now, and they stayed there in that gun safe
10 until today, I guess, is that correct?
11 A. Yes, sir.
12 Q. Now, what day did you move into your house
13 across the street over there from your Mama and Daddy?
14 A. I would say sometime around the first part of
15 September.
16 Q. Okay. Now, did -- You know, you have seen the
17 pictures that counsel showed you. All the stuff in
18 there was given to you; is that correct?
19 A. Yes, sir.
20 Q. Brass knuckles, ammunition, holsters, the

AK47,
21 this was -- you're 25 now, that would have made you
22 what, 19 then?
23 A. I believe I was 20.
24 Q. Were you in college at the time?
25 A. Yes, sir.

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1 Q. Now, all 10 of those guns, were they your

Dad's
2 that he gave you?
3 A. Yes, sir.
4 Q. Brass knuckles, they were his?
5 A. Yes, sir.
6 Q. Holsters, they were his?
7 A. Yes, sir.
8 Q. All ammunition?
9 A. Yes, sir.
10 Q. Those 10 guns that are listed that were found
11 in there, is that correct?
12 A. Yes, sir.
13 Q. Did you own any guns prior to that?
14 A. No, sir.
15 Q. Have you bought any guns since then that you
16 don't keep in the safe?
17 A. No, sir.
19 MR. MOCK: No questions.
21 MR. ADAMS: If I might ask one more if

you
22 don't mind.
24 BY MR. ADAMS:
25 Q. You've seen the exhibits, you went over the

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1 receipts where you made the three payments and you went
2 over the exhibit that showed where you made the
3 combination change, they were inside the safe so when
4 you opened it up you could find it in there, right?
5 A. Repeat what you said.
6 Q. The three receipts for paying for it?
7 A. Yes, sir.
8 Q. And the combination change?
9 A. Yes, sir.
10 Q. They were inside the safe, is that correct?
11 A. No, sir.
12 Q. Where did the police find those?
13 A. I brought them to them that day from my house.
14 The combination request form, it didn't actually change
15 the combination, it was a duplicate request.
16 I had that paper alongwith my three

payment
17 receipts at my house. The only receipt that was inside
18 the safe originally was the original purchase receipt.
19 Q. All right. And how old was the original
20 purchase receipt? Was it from October of 2006?
21 A. Yes, sir.
22 Q. As well as the three payments are from 2006?
23 A. Yes, sir.
24 Q. Thank you. Nothing further. I appreciate it.

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1 MR. MOCK: Yes, sir. At this time, I call
2 Darla Barnum.
3 THE COURT: All right. Darla Barnum.
4 (Witness sworn)
5 DARLA BARNUM,
9 BY MR. MOCK:
10 Q. Will you state your name?
11 A. Darla Barnum.
12 Q. And you are the Defendant's wife; is that
13 correct?
14 A. Yes. Darla, do you recall when your husband
15 was placed on probation back in 2006?
16 A. Yes, sir.
17 Q. Prior to being placed on probation, did your
18 husband have a significant gun collection?
19 A. Yes, sir.
20 Q. Have you seen the Motion to Revoke that has

21 been filed against your husband?
22 A. Yes, sir.
23 Q. Have you seen the guns listed?
24 A. Yes, sir.
25 Q. Were those his guns that he owned?

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1 A. Yes, sir.
2 Q. How did he come about acquiring those guns?
3 A. Just gradually over the years. He was in law
4 enforcement for 20 years. He had some before I married
5 him.
6 Q. Okay. Do you recall in 2006 him giving those
7 guns to Kim?
8 A. Yes.
9 Q. Were you present when that conversation took
10 place?
11 A. Yes.
12 Q. Okay. Do you recall what was said?
13 A. I don't remember exact words. But he did say
14 that these are yours, I can't have them anymore.

15 And he wouldn't even touch the guns to
get
16 them out of the house. He went outside and we gathered
17 up the guns to get them out of the house that day.
18 Q. Okay. So, the guns were physically removed
19 from the house, and do you know where they went?
20 A. They went to his father's house for temporary
21 storage till she could do something else with them.
22 Q. And then, you've -- You've lived at your
23 residence the entire time or any time that Kim has

lived
24 there; is that correct?
25 A. Yes.

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1 Q. Has there ever been a time that Donnie has
2 opened that safe?
3 A. No.
4 Q. Has there ever been a time that you've open
5 that safe?
6 A. No.
7 Q. Could you open that safe?
8 A. No.
9 Q. Have you ever had conversations with Donnie
10 regarding the combination to that safe?
11 A. No.
12 Q. Has there ever been a time where Kim has

opened
13 that safe and used the guns while Donnie has been
14 present?
15 A. No.
16 Q. I want to talk to you a little bit about
17 November 9 of 2011. Do you recall that date?
18 A. Yes, sir.
19 Q. That is when the compliance search took place,
20 is that correct?
21 A. Yes, sir.
22 Q. Do you recall when Jay Curtis and law
23 enforcement showed up?
24 A. Yes, sir.
25 Q. Do you recall when they asked you if Donnie

had

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1 any guns in the house?

2 A. Yes.
3 Q. And what did you tell them?
4 A. I told them this was, well, he asked if there
5 were any weapons, not whether Donnie had any. He said,
6 "Are there any weapons in the house?"
7 Q. Okay. Do you recall what he said?
8 A. And I answered that there was a safe in my
9 daughter's room that belonged to her that had guns in
10 it.
11 Q. Okay. So you were open with the Probation
12 Department?
13 A. Oh, yes.
14 Q. You told them about the safe?
15 A. Immediately.
16 Q. Told them that there were guns in that safe?
17 A. Yes, sir.
18 Q. Where is your daughter's room located in the
19 house?
20 A. The far south end of the house.
21 Q. Is there any of your stuff in that room?
22 A. No.
23 Q. Is there any of Donnie's stuff in that room?
24 A. No.
25 Q. Is that room packed full of Kim's stuff?

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1 A. Yes.
2 Q. Is that basically where Kim resides while she
3 is in Brownwood?
4 A. Yes.
5 Q. Do you recall having a conversation with Mr.
6 Curtis that day about him being satisfied with who the
7 safe and the contents belonged to?
8 A. Yes, I do.
9 Q. Did he tell you specifically?
10 A. No. He was speaking specifically to Kim. I

was
11 just present.
12 Q. And were you in here when that audio was
13 played?
14 A. Yes.
15 Q. And basically to your recollection and what

you
16 heard was that he was satisfied it all belonged to Kim?
17 A. Yes, sir.
19 A. Yes, sir.
20 Q. Now, were you in here when the detectives

21 testified that they asked him the cost of the guns, and
22 their testimony I believe was that Kim couldn't answer
23 it and seemed flustered.
24 When did you hear that testimony?
25 A. Yes, sir.

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1 Q. Do you recall that conversation on November 9?
2 A. Yes, sir.
3 Q. Is that the correct context that that
4 conversation took place in?
5 A. No.
6 Q. When that conversation took place, when I
7 believe it was Gover that asked the cost of the guns to
8 Kim, do you recall what Kim was doing at that time?
9 A. She was bending over to pick her child up.
10 Q. How old is her child?
11 A. Two.
12 Q. So, she was distracted?
13 A. She was distracted.
14 Q. She was bending over when that question was

15 asked?
16 A. Yes, sir.
17 Q. And therefore, is that why you went ahead and
18 answered it?
19 A. Yes, sir.
20 Q. What was your answer?
21 A. Her dad gave her the guns the day he got
22 convicted.
23 Q. Because that's what happened?
24 A. Because that is what happened.
25 Q. Kim didn't purchase them?

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1 A. No.
2 Q. There was no cost?
3 A. No.
4 Q. It was that they were given to him by Donnie;
5 is that correct?
6 A. Yes, sir.
8 CROSS-EXAMINATION
9 BY MR. ADAMS:
10 Q. Mrs. Barnum, I believe your testimony was that
11 Mr. Barnum has been in law enforcement for 20 years
12 prior to being convicted?
13 A. Yes, sir.
14 Q. Basically been enforcing the law for 20 years.
15 Would that be safe to say?
16 A. Yes, sir.
17 Q. Did you ever know if he executed warrants or
18 capiases or arrested people?
19 A. Well, I assume all of that.
20 Q. So, would it be safe to say, then, if he was

in
21 law enforcement for 20 years enforcing the law that he
22 would know what the law is, would that be a reasonable
23 statement?
24 A. That would be reasonable.
25 Q. Now, what is your understanding of the worst

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1 case scenario today to happen to Mr. Barnum, your
2 husband?
3 A. Would you repeat that?

4 Q. What's your understanding of the worst case
5 scenario that would happen today after this Judge rules
6 here, Judge Chapman, that could happen to your husband?
7 A. I guess go to the pen for ten years. Maximum.
8 Q. From Kim's testimony, y'all were able to move
9 those guns, or she was, move those guns out of the

house
10 at least twice. The third time, she moved to
11 Stephenville, similar living situation, but did not

move
12 them out. First time, she moved them over to your
13 mother and daddy-in-law's house, the second time she
14 moved them out to Stephenville when she moved over
15 there, the third time I don't know what happened there,
16 and now the fourth time, the Manglebergers are living
17 just across the street.
18 Where you risk that your husband is

looking
19 at ten years to do in the Pen, you know, what is the
20 issue here that y'all didn't get those guns out of the
21 house? You've done it twice before without a problem.
22 Especially considering the risk of him going to the
23 penitentiary for ten years, him knowing the law and
24 enforcing it for 20 years, do you have any way to
25 explain that?
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1 A. Because he did not have access to the guns.
2 Q. Thank you. Pass the witness.
3 MR. MOCK: Your Honor, I have no more
4 questions with Mrs. Barnum, but I would like to recall
5 Kim.
7 KIMBERLY MANGLEBERGER,
11 BY MR. MOCK:
12 Q. You just heard the testimony that your mom
13 gave?
14 A. Yes, sir.
15 Q. You just heard the questions put forth by the
16 District Attorney regarding that you had moved guns out
17 of that house at least twice, is that correct?
18 A. Yes, sir.
19 Q. Those being the times that you moved to
20 Stephenville when you lived alone; is that correct?
21 A. Yes, sir.
22 Q. Then he asked your mom why were they not moved
23 out this last time?
24 A. Yes, sir.
25 Q. Asked why did your dad run that risk; is that

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1 correct?
2 A. Yes, sir.
3 Q. I would like to ask you a couple of questions
4 and let you explain that to the Court. You're married
5 now; is that correct?
6 A. Yes, sir.
7 Q. You have a child?
8 A. Yes, sir.
9 Q. How old is your child?
10 A. Two.
11 Q. Are you going to move guns unless you have a
12 safe to put them in when you have a husband and a
13 two-year-old?
14 A. No.
15 Q. Are you going to keep 10 guns locked up if you

16 have a two-year-old running around the house?
17 A. Yes, sir.
18 Q. While it may be very easy to move the guns to
19 the trailer, it's definitely a task to move that safe.
20 Is that correct?
21 A. Yes, sir.
22 Q. So, the reason, would it be fair to say, the
23 reason is, yes, while it may have been easy to move the
24 guns, it would have been a lot harder to move that

safe?
25 A. Yes, sir, and also that the floor in the

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1 trailer house will not support it without being
2 re-enforced.
3 Q. So you had some work to do?
4 A. Yes, sir.
5 Q. There is no way you were going to move those
6 guns out of the safe and keep them in that trailer

while
7 you had a two-year-old running around the house?
8 A. No, sir.
9 Q. You would have had to make sure you got the

10 safe too?
11 A. Yes, sir.
12 Q. That safe is big?
13 A. Yes, sir.
14 Q. You had to reenforce the floors in the

trailer?
15 A. Yes, sir.
16 Q. That was your plan you were going to do?
17 A. Yes, sir.
18 Q. So, it's not as easy as the D.A. was making it
19 sound, is it?
20 A. No, sir.
22 MR. ADAMS: No questions.
23 THE COURT: You may step down. Are you
24 through with this witness?
25 MR. MOCK: We're done.

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1 THE COURT: All right. You may step

down.
2 MR. MOCK: Your Honor, at this time we

will
3 call Stormy Barnum.
4 THE COURT: Stormy Barnum.
5 THE COURT: Come around, have a seat.
6 (Witness sworn)
7 STORMY BARNUM,
11 BY MR. MOCK:
12 Q. State your name?
13 A. Stormy Barnum.
14 Q. You are Donnie's dad?
15 A. Yes, sir.
16 Q. Stormy, I want to try to get you to remember
17 back to April 27 of 2006. Do you know what date that
18 is?
19 A. I think that is the date that they, he got --
20 Q. Put on probation?
21 A. Put on probation, yeah.
22 Q. Do you recall that day, do you recall your
23 granddaughter Kim bringing guns to your house?
24 A. Absolutely.
25 Q. Do you know how many there were, were there a

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1 lot?
3 A. Oh, there had to be 10 or 15. I'm not for
4 sure. But we took them inside the house and put them
in
5 a bed, put -- We don't use that room, didn't use that
6 room. We put them on the bed and put a bedspread over
7 them and then we thought we were going to have to have
8 some children there, so we took them and put them in

the
9 closet.
10 Q. How long did you keep them there in the

closet?
11 A. I guess about 6 or 7 months.
12 Q. Did you have to get rid of them?
13 A. Well, in a way, my wife wanted to get them out
14 of there because I was having to take in two of my

other
15 grandchildren. They were pretty young. And she just
16 didn't want them in there, and they had had to have
17 slept in the room where they were.
18 Q. So, you didn't want the guns there while there
19 were grandchildren there. How old were these

20 grandchildren?
21 A. One of them was 10, and the other one 13, I
22 believe.
23 Q. Young enough it wasn't safe for guns to be
24 around?
25 A. They didn't know too much about guns.

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1 Q. So, you needed the guns moved?
2 A. Yeah.
3 Q. So, who did you call?
4 A. Kim.
5 Q. Why did you call Kim to move guns?
6 A. They were hers. She brought them down there.
7 Q. Didn't call Donnie to come get his gun?
8 A. Huh-huh.
9 Q. You called Kim?
10 A. They were hers.
11 Q. Because they were Kim's guns. And is Kim the
12 one that came and picked them up?
13 A. Yep.
14 Q. Do you recall testifying in a Grand Jury

15 indictment against Mr. Steve Adams?
16 MR. ADAMS: Hold on, don't answer this,
17 this is not relevant to this case. Objection, don't
18 understand the relevance.
19 THE COURT: Go on, I can't tell from what
20 he is asking.
21 (BY MR. MOCK)
22 Q. When did you testify?
23 A. When did I testify?
24 Q. Yes.
25 A. Seemed to me like it was the third Thursday of

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1 September. That's the closest I can get.
2 Q. The third Thursday of September of this year?
3 A. I believe that's right.
4 Q. So, that would have been the third week of
5 September?
6 A. Right.
7 Q. Of this year?
8 A. Right.
9 Q. Are you currently participating with the A.G.
10 in an investigation against Mr. Adams?
11 A. Please say that again.
12 Q. Are you currently participating with the
13 Attorney General in an investigation against Steve
14 Adams? Yes, or no.
15 A. Well I guess, yes.
16 Q. Are you a witness for them?
17 A. Yes.
18 Q. And he -- Steve Adams has been indicted; is
19 that correct?
20 A. Yes, sir.
21 Q. And you testified in front of a Grand Jury the
22 third Thursday of 2011. Is that correct?
23 A. I believe that to be correct.
24 Q. September of 2011?
25 A. Uh-huh.

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1 Q. Do you feel that your son is being retaliated
2 against because you are participating in that
3 investigation?
4 A. I believe that is what the problem is.
5 Q. Why do you believe that? Is it because of the
6 timeline?
7 A. I worked for the county 27 years and I had a
8 lot of people talk to me when this all come about.
9 And I talked to Steve Adams a time or two. And he

just,
10 I don't know, just seemed like from him to me it was,
11 wasn't like it was -- acted like he didn't want to talk
12 to me anymore and I was still working for him.
13 Q. Do you have personal knowledge of Steve Adams
14 and the District Attorney, Mr. Murray being
15 acquaintances?
16 A. Oh, yeah.
17 Q. What is that personal knowledge?
18 A. I seen them at a hamburger place down there.
19 Q. You've personally seen them together?
20 A. Yeah, in the hallways, I've seen them going

out
21 in the hallway and then I've seen them at Underwoods is
22 what I was trying to think of. They went into
23 Underwoods together, I don't know how many times I've
24 seen them.
25 MR. ADAMS: I will object now to relevant

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1 and non-responsiveness.
2 THE COURT: Sustained.
3 (BY MR. MOCK)
4 Q. Pass the witness, Your Honor.
5 MR. ADAMS: No questions, Judge.
7 MR. MOCK: At this time, we're going to
8 call Donnie Barnum.
9 THE COURT: All right. Come around,
10 please. Donnie Barnum. Raise your right hand.
11 (Witness sworn)
12 DONNIE BARNUM,
16 BY MR. MOCK:
17 Q. Will you state your name?
18 A. Donnie Barnum.
19 Q. Do you know why you're here?
20 A. I know, yeah, I know why I'm here.
21 Q. Have you seen the Motion to Revoke that was

22 filed against you, Donnie?
23 A. Yes, I have.
24 Q. Okay. So, you have gone over it with your
25 attorneys, correct?

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1 A. Absolutely.
2 Q. So you've seen the guns that were listed in
3 that Motion to Revoke; is that correct?
4 A. Yes, sir, I have.
5 Q. You know what guns we're talking about during
6 this proceeding?
7 A. Yes, I do.
8 Q. Were those your guns?
9 A. They sure were.
10 Q. How did you acquire those guns, throughout the
11 years?
12 A. Um, yeah, the first one, my dad gave to me.
13 Q. Which one was that?
14 A. It's a Winchester semi-automatic .22.
15 Q. Is it a family gun?
16 A. Well, he give it to me when I was a child.

17 Q. It's from your dad?
18 A. Absolutely.
19 Q. A gun you wanted to stay in the family?
20 A. Oh, yeah.
21 Q. How did you get the other guns?
22 A. My father-in-law bought one for me.
23 Q. Okay. The rest of them I think I purchased
24 myself over the years -- Well, no, there was a .22
25 magnum that my daddy give me also when I was a

teenager.

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1 Q. At least three of the guns were either from
2 your dad or granddad?
3 A. Yes, sir.
4 Q. Then you purchased the rest?
5 A. My dad or father-in-law.
6 Q. Okay. Do you recall April 27 of 2006, do you
7 recall being placed on probation?
8 A. I believe I recall that.
9 Q. Do you recall when you were placed on

probation
10 going through the intake with Mr. Shaw?
11 A. I remember.
12 Q. Did he talk to you about guns?
13 A. He absolutely sure did.
14 Q. Do you remember what he told you?
15 A. Oh, yeah.
16 Q. What did he tell you?
17 A. Told me that I couldn't possess any firearm or
18 any ammunition.
19 Q. Okay. At that time, were these guns in your
20 house?
21 A. Absolutely.
22 Q. What did you do?
23 A. Well, when I finished here, I went home and
24 gave them to my daughter.
25 Q. Is that Kim?

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1 A. That's Kim.
2 Q. Do you remember what you told Kim?
3 A. That I couldn't possess them anymore. It was
4 over.
5 Q. So you gave them to Kim?
6 A. I gave them to her.
7 Q. Why did you not sell them?
8 A. Then I would have been in possession of
9 firearms.
10 Q. Is it fair to say at least for the three that
11 are family guns, at some point, legally you could get
12 these guns back, can't you?
13 A. I wasn't even looking at that. But, yeah, I
14 can. I mean, I could if she would give them back.
15 Q. But at that time your focus was to get rid of
16 them; is that correct?
17 A. Absolutely, get them gone.
18 Q. So you gave them to Kim?
19 A. Right.
20 Q. Why did you pick Kim?
21 A. The oldest daughter I've got. The other one
22 was, I think she was younger than 17 at the time.
23 And --
24 Q. Where was she residing at the time?
25 A. Both daughters were living in my house.

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1 Q. Okay. So, do you recall them being removed?
2 A. The guns?
3 Q. Yeah.
4 A. Absolutely.
5 Q. That's when they were taken to your father's;
6 is that correct?
8 Q. Did you have anything to do with that,
9 transporting them or anything?
10 A. None.
11 Q. Your daughter Kim. She lives with you quite a
12 bit, doesn't she?
13 A. Absolutely.
14 Q. Does she have what we call a dedicated bedroom
15 at your house?
16 A. Yes, sir.
17 Q. What bedroom is that, is that the bedroom

where
18 the gun safe was?
19 A. Southeast end of the house.
20 Q. All right. Do you recall the day that she
21 said that the guns had to move back in because she was
22 staying there?
23 A. I recall her saying she needed to bring them

24 back, because my parents needed their space.
25 Q. Okay. What did you say about that?

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1 A. Absolutely not.
2 Q. Okay.
3 A. Without, you know, getting a gun safe or
4 something, where she could lock them up and I couldn't
5 have any access.
6 Q. So, do you recall, did she purchase a gun

safe?
7 A. She did.
8 Q. Is that the gun safe that is in those pictures
9 sitting there in front of you?
10 A. I'm sure it is.
11 Q. I mean, you've seen that gun safe?
12 A. I sure have.
13 Q. Did your daughter ever give you a combination
14 to your gun safe?
15 A. No, never.
16 Q. Could you get in that gun safe if you had to?
17 A. Not without a cutting torch, I don't guess.

18 But then the contents would be gone.
19 Q. Were you ever present when your daughter

opened
20 that gun safe and got out the guns?
21 A. No.
22 Q. Since you were placed on probation in April
23 of 2006, have you had any connection whatsoever with
24 those guns other than them being in a locked safe in
25 your daughter's bedroom?

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1 A. That's it. That's it.
2 Q. Do you understand the conditions of probation;
3 is that correct?
4 A. I absolutely understand them.
5 Q. You understand you're a convicted felon, you
6 can't possess firearms?
7 A. I understand.
8 Q. You're --
9 A. I do.
10 Q. You're not trying to get around the law, are
11 you?
12 A. No, sir. Not a bit.
13 Q. You made sure that if those guns were going to
14 be in your daughter's bedroom, a place where you were
15 residing that they were locked up so that you couldn't
16 have access?
17 A. That is correct.
18 Q. You're not trying to find a loophole in the
19 system.
21 Q. Your -- You follow your rules of probation, do
22 you not?
23 A. Absolutely. I do.
24 Q. And --
25 A. 100 percent.

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1 Q. Earlier this year, you filed a motion to get
2 off probation early at the recommendation of your
3 probation officer; is that correct?
4 A. Absolutely. Yeah.
5 Q. Had probation told you, "Get the guns out of

6 your house, doesn't matter if they are in a locked safe
7 or not," what would you have done?
8 A. If they had told me to remove them, I don't
9 care, I would have done whatever they told me to do.
10 Q. You would have followed the rules?
11 A. Absolutely. I would have.
12 Q. You were told by probation that you cannot

have
13 access to firearms; is that correct?
14 A. That is a fact.
15 Q. So, you don't have access to firearms?
16 A. I absolutely do not have access to the
17 firearms.
18 Q. And your testimony to this Judge is there is

no
19 way that you knew the combination to that safe or could
20 open that safe without some type of blowing the door
21 off?
22 A. That is correct. I didn't have any access to
23 that safe whatsoever.
24 Q. And you were adamant that your daughter were
25 going to put the guns in her bedroom and you were going

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1 to be residing there, that it be in a locked safe that
2 you didn't have access to, because that is what
3 probation told you, is that correct?
5 Q. They told you to remove them where you don't
6 have access to them?
7 A. I could not have any access -- or possession,

I
8 think they said. They didn't say access, they said
9 possession of it.
10 Q. So you were doing what you believed probation
11 was requiring you to do and what they told you to do?
12 A. I've seen this throughout the years that I

have
13 been in law enforcement. I'm not trying to get by --
14 Q. Not trying to get by the system?
15 A. Absolutely not. No way.
16 Q. Um, before you were placed on probation, did
17 you ever go hunting?
18 A. Years before.
19 Q. Since you were placed on probation, have you
20 gone hunting?
21 A. No, I haven't been hunting or anything.
22 Q. Since you were placed on probation, have you
23 touch a firearm?
24 A. No.
25 Q. Do you understand the seriousness of it, is

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1 that correct?
2 A. I absolutely understand the seriousness of it.
3 That's the reason why they were locked.
4 Q. Did you understand the seriousness of it when
5 you were placed on probation in April of 2006?
6 A. Yes, I did.
7 Q. Do you understand you were convicted to ten
8 years?
9 A. Absolutely, I did.
10 Q. Is that why you followed every rule of
11 probation to the best of your ability?
12 A. That is correct. I didn't want to suffer the
13 consequences like I am now.
14 MR. ADAMS: Objection, non-responsive.
15 Q. Is that why your probation officer recommended
16 you could get off probation early?
17 A. I would assume that would be the fact.

18 Q. If you had it all to do over again, would you
19 have changed it?
20 A. Would I have changed --
21 Q. Would you have let your daughter put those

guns
22 in a locked safe in her bedroom if you had it all to do
23 over?
24 A. I wouldn't have let her put them in three
25 locked safes anywhere in my house. I mean --

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1 Q. If you knew that was going to be a problem, if
2 you knew Probation was going to consider that a

problem,
3 would you have let your daughter put them in a locked
4 safe in her bedroom?
6 Q. Because you're here to follow the rules.
7 MR. ADAMS: Objection, bolstering, asked
8 and answered. Repetitive, redundant.
12 BY MR. ADAMS:
13 Q. Mr. Barnum, when you were convicted back in

'06
14 for a third degree felony of tampering, you were
15 convicted in this courtroom?
16 A. Yes, sir.
17 Q. In front of 12 people sitting in that jury

box?
19 Q. At that point in time, they found you guilty,
20 did you enter into a plea bargain concerning your
21 punishment?
22 A. Yes.
23 Q. Okay. You and your lawyer agreed to a
24 punishment recommendation that the D.A. would make; is
25 that correct?

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1 A. Yes.
3 THE COURT: Yes.
4 Q. (By Mr. Adams:) What I want to show you is not

5 an exhibit marked, but in case you need to refresh your
6 memory. Is that a copy of the Judgment that was signed
7 concerning your agreed punishment plea?
8 A. It appears.
9 Q. Does it have the copies of your terms and
10 conditions of probation back there on the back?
11 A. It appears to have that.
12 Q. Okay. And basically what the agreement was
13 that in consideration of you getting probation, you
14 would agree to comply with the terms and conditions of
15 probation or else you would go to the penitentiary for
16 ten years, is that right?
18 Q. Okay. On the front page there, down there
19 where it says what your sentence is, does that say ten
20 years in the Texas Department of Criminal Justice,
21 Institutional Division, probated for ten years?
22 A. That's what it says.
23 Q. Okay. May I have that back, unless you want

to
24 keep that. So the bottom line is, if you breach that
25 agreement, you go tp the pen for ten years, is that

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1 correct?
2 A. That's what I understood.
3 Q. Now, that house that we're talking about that
4 you and your wife live in, you got that extra room for
5 your daughter and then I'm assuming your younger
6 daughter to live in, that's out in the country more or
7 less is it?
8 A. Semi.
9 Q. And it is enclosed by a fence. Is that right?
10 A. Stock, stock in there.
11 Q. And then there is a gate that basically opens
12 and closes according to a combination; is that correct?
13 A. Yeah, or push button.
14 Q. But it has a combination, nevertheless?
15 A. Yeah. Got a push button also.
16 Q. May I approach again, Your Honor?
17 THE COURT: Yes.
18 Q. I want to show you what has been marked

State's
19 Exhibits 20 and 21. Can you look at them, see if you
20 can identify them.
21 A. Yes.
22 Q. Do you recognize State's 20?
23 A. Yes.
24 Q. What about State's 21? Take your time.
25 A. Yes.

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1 Q. Now, is State's 20 basically the agreement
2 where you voluntarily surrendered your TCLEOSE license
3 for the rest of your life?
4 A. I had no choice.
5 Q. I'm just asking you the question. That's yes
6 or no.
7 A. Repeat the question.
8 Q. Is State's 20 an agreement where you signed

and
9 swore to that you were giving up your TCLEOSE license,
10 your ability to be a police for the rest of your life?
12 Q. But isn't that your agreement, your signature
13 right there, is that correct?
14 A. My signature. It's not voluntarily. I just
15 didn't come in and --
16 Q. That's good. 21. Is that the letter where
17 TCLEOSE wrote you and said, Mr. Barnum, we're accepting

18 your permanent voluntary surrender of your license; is
19 that correct?
20 A. I believe that's correct.
21 Q. We tender 20 and 21.
23 THE COURT: That's admitted.
24 Q. (By Mr. Adams:) That would have been part of
25 your plea bargain agreement that you would go the pen

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1 for ten years if you violated probation as well as at
2 the time you gave up any right to ever be a law
3 enforcement personnel again, is that correct?
5 Q. Okay. You heard Mr. Cooksey's testimony this
6 afternoon, didn't you?
7 A. Yes.
8 Q. You and him friends?
9 A. Um, you can say that.
10 Q. Okay. Now, you heard your wife testify you
11 have been in law enforcement for 20 years?

13 Q. Okay. Been to the Academy, I presume?
15 Q. How long were you a constable before you got
16 convicted of your felony?
17 A. A year.
18 Q. A year. Had your own car and everything else,
19 badge?
20 A. Yes.
21 Q. (BY MR. ADAMS) Did you ever have any foot
22 pursuits or anything while you were in law enforcement?
23 A. Absolutely.
24 Q. Did you ever fire off your weapon while you
25 were in law enforcement over 20 years?

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1 A. Absolutely.
2 Q. How many times?
3 A. Um, guessing?
4 Q. Yeah.
5 A. Five times.
6 Q. Five times, not 50 or 60?

7 A. No. I don't think it would have been that
much.
8 Q. Okay.
9 A. On official duties.
10 Q. Now, prior to being a constable for a year,
11 tell Judge Chapman what your law enforcement history

was
12 for the previous 19 years?
13 A. Served as a Deputy Sheriff in Comanche County
14 for approximately seven-and-a-half years. Worked for
15 the City of Rising Star, I'm unsure about dates right
16 now, McCulloch County, and Constable of Brown County --
17 Deputy Constable of Brown County, then Constable in
18 Brown County.
19 Q. Okay.
20 A. I believe there was one -- I was in Coleman
21 County for a little while, too.
22 Q. So, you heard your wife testify, would you

tend
23 to agree with her that you know the law?
24 A. Yes.
25 Q. And is it incorrect as to what your daughter

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1 stated that guns had been moved out of that gun safe at
2 least twice over this five-year period you have been on
3 probation?
4 A. Um, I can't argue that.
5 Q. Okay. Let me get it correct, because I think
6 that's a little too general. One, those guns had been
7 moved up there to Stormy's wife?
8 A. Know that for a fact.
9 Q. Then like Kim stated, testified under oath she
10 had moved them to Stephenville one time. Is that

right?
11 A. I believe that's what she said.
12 Q. You agree with your wife you're looking at ten
13 years in the pen for having those guns around the house
14 today, Is that right?
15 A. No, I don't understand what you just said.
16 Q. Okay. You heard your wife's testimony.
17 A. Yes, sir.
18 Q. Now, today, what's the worst sentence you can
19 get if this Judge were to order it for violation of

your
20 probation?
21 A. 10 years.
22 Q. In the penitentiary?
24 Q. Just for the record's sake, did you transcribe
25 those tapes that Mrs. Wilcox gave you?

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2 Q. So Joe Cooksey is mistaken about that?
3 A. If he said I did, he is wrong.
4 Q. Okay. Do you know anything about those tapes?
5 A. Do I know anything about them?
6 Q. Yeah.
7 A. You said the tapes?
8 Q. Yes, sir, the tapes that you heard Mrs. Wilcox
9 testify about.
10 MR. MOCK: I'm going to object. The

strike
11 was granted.
12 THE COURT: All right. Sustained.
13 Q. (BY MR. ADAMS) As far as the contents of the
14 safe goes, you know, everybody has talked about you

gave
15 the guns to Kim, the 10 guns, she testified you've got
16 the ammunition in there, I understand that.

17 What's the deal with the brass knuckles?
18 Were they yours prior to giving them to Kim, those

three
19 pair of brass knuckles?
20 A. Yes. They were mine.
21 Q. Okay. What did you use those for?
22 A. I never have used them.
23 Q. What did you have them for then?
24 A. They were, I think -- It's been so many years
25 ago since I got them, one pair was given to me by

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1 Brownwood Police officer.
2 And I can't even tell you where the other
3 two pair come from. I assume there are three pair,
4 that's what you're saying.
5 Q. Yes, they are in the exhibits there?
6 A. They are not illegal for me to have at my
7 residence or anything like that. But I just got rid of
8 everything that had anything to do with a firearm or
9 anything of that nature. I just told her, "Take it."
10 Q. Did you ever carry those brass knuckles with

11 you while you were on patrol?
12 A. No.
13 Q. What do you do with those, any way?
14 A. What do I do with them?
15 Q. Yeah, when you have, if someone were to use
16 them, what do you do with them? Obviously they are

used
17 to knock somebody in the head with --
18 MR. GRAY: Objection, Your Honor,
19 relevance.
21 A. Most idiots fight with them out on the street.
22 Q. (BY MR. ADAMS) But they also keep them at the
23 house too, don't they?
24 A. Are you referring to me as an idiot?
25 (BY MR. ADAMS)

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1 Q. You know, that's argumentative, but I'll move
2 on.
3 I'll pass the witness.
5 BY MR. MOCK:
6 Q. Donnie, the brass knuckles, you don't really
7 remember how you got them.
8 A. One pair I do, but I don't even know how the
9 other two pair -- I don't remember.
10 Q. So you do recall when you were placed on
11 probation in April and recall giving everything to your
12 daughter, whether it be brass knuckles, the guns, even
13 the grenade, that is not really a grenade; is that
14 correct?
15 A. And the sword.
16 Q. And the sword. And you did that not
17 necessarily because the conditions required it for the
18 knuckles or the sword, but because you wanted nothing

to
19 do with them; is that correct?
20 A. Just from the looks of it.
21 Q. So your testimony is they were given to your
22 daughter and that is why they were in the safe. Is
23 that correct?
24 A. Absolutely.

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184
1 MR. ADAMS: Nothing further.
3 MR. MOCK: No more witnesses.
4 THE COURT: Do you rest?
5 MR. MOCK: Yes.
6 THE COURT: Close?
7 MR. ADAMS: We close. We ask for five
8 minute recess if the Court would entertain that. I
9 don't anticipate argument on our part being over 15
10 minutes.
11 THE COURT: Do you close?
12 MR. MOCK: We do close, Your Honor:
13 MR. MOCK: Your Honor, at this time I

would
14 like to present to the Court for filing just for the
15 Court's consideration a brief.
16 THE COURT: All right. Would a five

minute
17 recess be --
18 MR. ADAMS: Five to ten if you don't

mind,
19 Your Honor.
20 THE COURT: We will take about a five
21 minute recess. Arguments aren't over 15 minutes
22 altogether.
23 (Short recess in proceedings)
24 THE COURT: Are y'all ready to proceed?
25 MR. ADAMS: Yes, sir. State will waive

and

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185
1 reserve for rebuttal.
2 THE COURT: Excuse me?
3 MR. ADAMS: State will waive and reserve
4 for rebuttal.
5 MR. GRAY: How much time?
6 MR. ADAMS: Five minutes for me.
7 MR. GRAY: Five minutes, not very long.
8 That's plenty.
9 THE COURT: All right. Go ahead.
10 CLOSING ARGUMENT
11 BY MR. GRAY:
12 May it please the Court, Your Honor. In
13 this particular case, we furnished a brief to the Court
14 that is analogous as closely as we can find to the

facts
15 in this case. All of the testimony has shown that Mr.

16 Barnum from the time he went on probation was taking
17 every care to avoid running in conflict with the law
18 with regard to these guns.
19 His testimony was that he had

unequivocally
20 gave the guns away to his daughter, whether out of
21 desperation or whatever. The probation officer
22 testified that he absolutely and totally complied here
23 for five-and-a-half years.
24 And I don't know the politics of Brown
25 County, not interested in that. Don't know what

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186
1 happened the five-and-a-half-years that made them want
2 to go out and search for gunfire. His daughter put

some
3 explanation on it, but there wasn't enough concern

where
4 anybody went out and checked it out. One Officer
5 reported that he heard a rumor of gunfire.
6 The 46.04 of the Code requires the gun

law
7 Possession of Firearm be more than just having it

around
8 the premises. Must be a connecting factor. Must exert
9 some control over it.
10 In this case there clearly was no

control.
11 There is not even one iota of evidence that he ever
12 touched or looked at another gun, these or any other
13 from the time this happened until this case came up.
14 None whatsoever. The control factor is
15 very important. Circumstantial evidence can be used to
16 show possession, but they need to show some control,
17 according to several cases, including the Collins case,
18 there was a Texarkana case, we cited these in our

brief.
19 There must be some consciousness of guilt.
20 In other words, this defendant, you go

back
21 to the mindset, the Mens rea, this defendant had no
22 intent to violate the law. The guns were given away,

he
23 didn't expect anything from them. They are gone. He has
24 done all a reasonable person might do.
25 The daughter moves back in, she has got a

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187
1 trailer house, all of these events that occurred
weren't
2 occurring in contemplation of coming to court
3 five-and-a-half years later from the time he went on
4 probation. These were acts that he did to indicate his
5 compliance.
6 The probation officer is not having a

hard
7 time, never asked to see a safe before. There was
8 rumors. Nobody has said they heard him shoot a gun, saw
9 him shoot a gun or in any way suspected him of

violating
10 the law. While the guns were in the residence, alone,
11 they were in Kim's -- in her bedroom.
12 This was considered in the Collins case,
13 that was a case where there was some drugs found in a
14 house, but they were not in the room of one of the
15 persons that lived there.
16 He didn't have exercise or control over

it.
17 It is a situation where the exercising control is

viewed
18 from all the aspects of the case, things he might have
19 done. If did somebody seen him cleaning guns or seen
20 him out discussing guns or looking at them in a gun
21 shop, to discussing them anywhere, wanting to buy one,
22 in hunting season. None of these things existed. He

23 had no special relationship to the guns. That's the
24 language the Court used once he gave them away. They
25 were gone.

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1 Gift to the daughter, she considered it

as
2 being a completed gift. Went out on her own. There

was
3 no indication that she knew when she bought that safe
4 and was paying for it that she had to do anything
5 additional, that she was going to be in court five

years
6 or three years later. These were things they did,
7 viewed in retrospect, where things a person would do to
8 protect a valuable gift.
9 I don't know what the value of the guns
10 were, and I own a lot of guns, but obviously, that many
11 would probably be thousands of dollars, but you would
12 protect them. You would put them in a safe, you keep
13 the combination, you don't give it out.
14 That's what she did. In fact, we didn't
15 prepare this evidence this week to show that we had to

16 have the combination. We did this before this
happened.
17 We weren't setting this up in case we had a trial later
18 to show that we had to go get her combination, it's
19 because no one else had it.
20 It's common sense. And when this conduct
21 is viewed over five-and-a-half years, the probation
22 officer testified he did everything he was asked to do.
23 Paid everything, did everything, complied with
24 everything. May have changed one appointment, but by
25 consent.

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189
1 The Waco -- the Collins case was a Waco
2 case. And the affirmative link must be to the guns, to
3 the actual control. It can't be a casual possession on
4 the premises. That's basically what that would stand
5 for. The Davis case discusses that a little further,
6 but I would submit to this court that the evidence, the
7 Court having heard it from all the parties, nothing was
8 -- this probationer having been a law enforcement
9 officer was doing everything he thought he needed to do

10 and could and should do.
11 And whether the Court will see fit to

find
12 that he should be revoked or continued on probation or
13 revoked and given ten years or revoked and given two
14 years, the law, I submit, Your Honor, is that he has

had
15 no control over this. There was no attempt to conceal
16 it from law enforcement.
17 What they did was reasonable under the
18 circumstances of the trailer house, they moved out the
19 guns to the grandparents' house, we've got young people
20 here and she is trying to make her life and she has got
21 a room with her folks to move back in, the guns are
22 concealed in her bedroom in a locked closet at her
23 expense that they've gone to a lot of trouble to

secure.
24 He had no access, no control.
25 I submit, Your Honor, that this issue --

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190
1 that he should be found not responsible and this case
2 should be dismissed.
3 Thank you.
4 CLOSING ARGUMENT
5 BY MR. ADAMS:
6 Basically chronologically speaking, this
7 case began with the Defendant committing one criminal
8 episode, two felonies, a tampering and burglary with
9 assault alongwith two misdemeanors, a criminal
10 mischief, and an official oppression case in which
11 ultimately he was convicted by a jury of his piers for
12 the third degree felony offense of tampering, alongwith
13 two Class A offenses of official oppression.
14 He was placed on probation, and now,

we're
15 here today with an uncontroverted fact he has got a gun
16 safe full of guns, full of ammunition, three brass
17 knuckles, several holsters there at his home here in
18 Brown County, Texas.
19 Those facts are uncontroverted. Bottom
20 line is that the daughter claims he gave them to her,
21 she bought the safe, and kept it in her house, moved

the
22 guns out several times, but, you know, when it comes
23 down to it, Judge, the fact issue -- regardless of what
24 Defendant's brief to the Court is, the fact issue is

for
25 you to decide.
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1 We've got a law enforcement guy with 20
2 years experience and knows the law, who wouldn't put up
3 with this story for one minute if it came before him
4 when he was under color of a badge.
5 Obviously, we have a family, great

support
6 here who love this man, lots of them testified on his
7 behalf. Credibility issue for the Judge, for you, the
8 Court, to make a decision based upon their bias and
9 their prejudices. And that is with all due respect to
10 the family, Your Honor.
11 So, we submit to you, Judge, that this
12 story doesn't hold water. Bottom line being, he agreed
13 to do 10 years in the penitentiary back in '06 when he
14 was convicted of this matter and agreed to this plea
15 bargain arrangement concerning punishment.
16 That's what we're asking for today is
17 sentence -- find the Defendant true on Counts 2 through
18 11 in the Amended Motion to Revoke and sentence the
19 Defendant to ten years to do in the Texas Department of
20 Criminal Justice.
21 THE COURT: Okay. All right. Defendant,
22 if you would stand, please, Mr. Barnum. The Court is
23 going to find that from the evidence, that the

Defendant
24 has violated the conditions of this Community
25 Supervision order dated April 27 of 2006, and he

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1 violated condition number six -- I mean, number ten as
2 alleged in paragraph 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11
3 of the Motion to Revoke probation.
4 In addition to that finding, the Court is
5 then going to reinstate you on your probation. I'm not
6 going to revoke it and send you to the pen. It may

have
7 been somewhat inadvertent, but you've got these guns in
8 your house and I find it very difficult to believe that
9 you couldn't have access to them if you had chosen to,
10 considering it was with your immediate family.
11 So, I'm going to reinstate you on the
12 probation -- on your probation with one extra term, and
13 that is that you have to serve confinement in the Brown

14 County Jail for a period of 60 days.
15 And I'll give you credit for the time
16 you've spent for this revocation, which I don't know
17 exactly how many days that is, about 15 or 18,

something
18 like that.
19 THE DEFENDANT: Yes, sir.
20 THE COURT: But I'll give you credit for
21 that. 60 days, get out, get back on probation. That
22 gives your family, your daughter, your wife, time to

get
23 somebody to help them and get those guns out of your
24 house and get, you know, whether they move the safe or
25 not, get the guns out. They can do that. I know you

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193
1 can do that.
2 THE DEFENDANT: No problem.
3 THE COURT: I know you understand that

they
4 should have been out of your house, they had been out
of
5 your house, they just had to come back two different
6 times.
7 While you're in jail, they will get the
8 guns out and then this will be over and settled and you
9 don't have this coming back at you for any reason
10 whatsoever. All right?
11 THE DEFENDANT: How long am I on

probation
12 for?
13 THE COURT: The rest of the time.
14 Whatever, all the other terms are --
15 MR. GRAY: 60 days with credit for time
16 already served.
17 THE COURT: 60 days as a condition of
18 probation with the credit for -- I don't know what day
19 it was, they told me that you turned yourself in after

I
20 signed the warrant, and it was outstanding a week or

two
21 and then you turned yourself in.
22 So, from whatever day you turned yourself
23 in, you get credit on the 60 days. In the meantime they
24 can remove those guns out of your house and you can be
25 done with all of this. It also solves any other,

should

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1 solve the first, that other count that was stricken. I
2 don't want them coming back and filing, at least not
3 with me, another Motion to Revoke on any of this stuff.
4 We're starting over today.
5 You've got, I don't know, I think, I

don't
6 think it's -- 4 or 5 years, you've done over five
7 years --
8 THE DEFENDANT: Five-and-a-half.
9 THE COURT: So you've got four-and-a-

half.
10 MR. ADAMS: Judge, his Motion For Early
11 Discharge is denied and he is on probation for the full
12 term?
13 THE COURT: Yes, sir. It was probably

going
14 to be denied any way, but it is denied. All right.
15 That's it. You will have to fix me a judgment along
16 those lines, somebody.
17 MR. ADAMS: We will do that.
18
19 (Exhibits contained in Volume 2 of 2)
20
21
22
23
24
25

325-646-4057
195
1 REPORTER'S CERTIFICATE
2 THE STATE OF TEXAS )

COUNTY OF BROWN )
3
4 I, Cristi L. Escobar, Official Court Reporter in
5 and for the 35th District Court of Brown County, State
6 of Texas, do hereby certify that the above and

foregoing
7 contains a true and correct transcription of all
8 portions of evidence and other proceedings requested in
9 writing by counsel for the parties to be included in
10 this volume of the Reporter's Record, in the
11 above-styled and numbered cause, all of which occurred
12 in open court or in chambers and were reported by me.
13 I further certify that this Reporter's Record of
14 the proceedings truly and correctly reflects the
15 exhibits, if any, admitted by the respective parties.
16 I further certify that the total cost for the

17 preparation of this Reporter's Record is $__________
and
18 was paid by ____________________.
19 WITNESS MY OFFICIAL HAND this the __________ day

of
20 ____________________, 2012.
21
22 ___________________________
Cristi L. Escobar, Texas CSR 759
23 Expiration Date: 12-31-12
Official Court Reporter
24 35th District Court
Brown County, Texas
25 Brownwood, Texas 76801

325-646-4057
ATTACHMENT 29
Color Photographs of Crime Scene
(with authenticating statement of Christopher M. Perri)

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ATTACHMENT 8

Affidavit of Kenneth Makuta

Executive Session – April 10, 2006

Brown County, Texas

Unidentified: Has anyone seen her this morning?

Britton: Of course, the temporary injunction is ex parté immediately –

West: So we have the right to bump Steve and ask for –

West: Lane is not gone anywhere has he?

Britton: Um, well, he’s not here right now –

West: All right.

Britton: Well, what I was –

Britton: What I was considering –

Britton: What I was considering doing –

Cox: I heard him talking about recusing himself (inaudible)

Unidentified Female: (inaudible)

West: Well, you might –

Britton: You bet!

Britton: That’s how I’ve got it prepared –

West: Based on her –

West: Oh, she has given a written confession?

Britton: I have read it. And I have got a copy of it.

West: Does she equivocate it or –

West: Does she equivocate it or –

Unidentified: No, no.

Britton: She wouldn’t tell them. But, she –

Grubbs: We need to copy those records (inaudible)

West: It’s a public place.

Unidentified: That’s right.

West: We may have –

Britton: Now the truth –

Britton: Well, I mean –

Britton: Nina’s told her about it!

Unidentified: Well, I knew some –

Britton: No, no. She makes a daily cash deposit.

West: Every day.

Britton: There was a couple that were forty days late.

West: And then finally, it came about, (inaudible)

Britton: It was the Road and Bridge account.

Unidentified: Personal check?

West: No, a check on that account, the check bounced. –

Cox: (Inaudible) writing it to you, to the precincts.

West: Nina did get Weldon Stark to come in and see –

Adams: And she’s paying that back, I mean is –

Grubbs: Take it out of this bag to pay this back.

Cox: (Inaudible) to cover November’s deposit.

West: Robbing from Peter to pay Paul.

Adams: So, what is the debt?

Unidentified: You can’t say that?

Cox: About twelve thousand. Eleven thousand and something –

Cox: Me, too.

Britton: Of course, there…there won’t be any attack on Richard and Adrian –

Cox: Can I just say one thing? (Background inaudible)

West: Only because their democrats. –

Cox: The accounting procedure that she –

Unidentified: That don’t have nothing to do with it, though.

Britton: They’re the ones that start the, the (inaudible).

Carroll: You put a screeching halt to it. –

Cox: So that’s what (inaudible) happened.

Carroll: Steve, let me borrow your cell phone.

Unidentified: There’s no record of it.

Adams: Did she admit to that?

Cox: We never (inaudible).

Britton: But the best, the best piece of –