STATE OF TEXAS INTHE 142nd DISTRICT COURT v. ‘SHELBY HAMMER MIDLAND COUNTY, TEXAS STATE'S MOTION TO DISMISS COMES NOW the State of Texas by and through her District Attomey and moves the Court to dismiss the above entitled and numbered criminal action in which the defendant is charged with the offense of FAILURE TO MAKE A REQUIRED CHILD. ABUSE REPORT, and iar cause would show the Court as follows: 1, Midland Pole Department Sergeant Jennie Alonzo was called asa witness for the State on April 254, 2023, to testify regaing her ole as the lead detective investigating this case. Multiple times during the couse of her testimony, Set. Alonzo made statements regarding a meeting that allegedly took place prior tothe arest of the four co-defendants in ths ease. Sgt. Alonzo further testified thatthe alleged meeting wos tended by Sgt. Alonso, Disrct Atworney Laura Nodolf, Assistant Distiet Awomey Jennifer Lively, and Midland Police Department Sgt. Rosemary Sharp. Set. Alonzo testified that during this meeting District Atorney Laura Nodolf specifically directed her to sek arest warants regarding the Trinity administrators. Sp, Alonzo testified that she was acting ony a the diction of Distriet Attorney Nodol, that she did not herself make ‘he decision, and that if she had the opportunity todo it over she would not sek the est warrants,2 Counsel for the State has reason to believe that Set. Alonzo has testified falsely regarding the matters stated above. As established by the attached affidavits of Distiet ‘Attorney Laura Nodolf and Assistant District Atomey Jennifer Lively, no such meeting ‘ever took place. Additionally, at no time did Distrit Attorney Nodolf direct Sgt, Alonzo to seck amest warrants aginst the Trinity Administrators, and certainly dd nt direst Set ‘Alonzo to take any ation that Sgt. Alonzo did not believe was justified by law and the evidence. At no time dl Sgt. Alonzo express aay reservations to either District Attomey Nodolf orto Assistant District Attomey Lively about Sgt. Alonzo's decision to seek or execute arest warrants inthis case 3. Because the Sta believes that Sgt. Alonzo has testified falsely, the State can no longer sponsor her tstinony as evidence in tis case. tn fat, based on Set. Alonzo's prior testimony the Stat this ime believes it cannot ethically elicit any further sworn testimony ffom her, even if it were an attempt to coreeet some portion of her previous sialements. Sgt. Alonzo is no longer a ereible or reliable witness, Were the tal to proceed, the State would be required by the rules ofthis to bring forth evidence to rebut Sgt. Alonzo's testimony and impeach her as a witness. This evidence would necessrly include the testimony of the elected Distict Attomey, Laura Nodolf the testimony of ‘Assistant District Attoriy Jennifer Lively, curently lead counsel for the State in this case; the testimony of Sat. Rosemary Sharp; and ikely olbers. As a result, the focus of this tial would no longer est on evidence ofthe offense charged or othe culpability of the defendants, but on the dispute between the State's witnesses. ‘The false testimony provided by Sgt. Alonzo and now before the jury has erate a situation in which Counsel for the State believes its now impossible to prove the elements of the charged offensebeyond a reasonable doubt at this ta 4, The State continues to believe that there exists ample credible evidence showing the guilt of the defendants. In particular, the decision not to go forward is in no way reflection ofthe credibility of the child whose unreported abuse isthe subject of these charges. AS a result ofthe testimony ofthe witness deseribed above, counsel for the State belives at this time it wil be impossible to obtain true justice forthe wrongs that were perpetrated in thi WHEREFORE, PREMISES CONSIDERED, the State prays that the above entitled cause be dismissed. , Timothy M. Flathers Assistant District Atiorney Midland County Courthouse Midland, Texas 79701 (CERTIFICATE OF SERVICE Timothy M, Flathers Assistant District Attomey Midland County Courthouse (432) 688-4411 ‘lathers@meounty.comsl ROFTEXAS — § 5 COUNTY OF MIDLAND § AFFIDAVIT BEFORE ME, tie undersigned authority, personally appeared Laura A. Nodolf, who, being by me duly sworn, deposed as follows: My name is Laura A, Nodolf. 1am over the age of 18, I am of sound mind, capable of making this affidavit, and personally ‘soquainted with the factsherein tated: 1) Oneither Februay 21* or 22% 2023, I received a phone call from Sgt. Rosemary ‘Sharp that a report had been made by Darby Brown regarding a sexual assault that ‘courted at Trinity School. Iam familiar with Mes, Darby Brown and her family My knoviledge of the Brown family does not vise to the level that would have created a conflic: of interest if I were engaged in the prosecution of the case Additionally, my knowledge of the Brown family would not have impeded a fair and impartial analysis of facts. However, to avoid any potential appearance of confit, I deferel the matter to Assistant Distict Atomey Jennifer Lively. 2) Ihave had no active involvement in the investigation surrounding the report made by Mrs, Brown. Ifthe mater was brought up during a conversation, 1 made it clear that Iwas not handling the case and to please contact I did nt dec ay lw enforcement agert to conduct an ares of any individual, 1 have no authority to compel a law enforcement agency to seek, oF not seek, any type of warrant ‘Additionally, I vas not involved in subsequent investigations involving the allegations repored by Mrs. Brown or grand jury presentation that resulted in cause numbers CRS#382, CRSE383, CRSB384, of CRSBIRS, 3) [have taken exteme efforts to allow my trusted Assistant District Attomeys to prosecute the matters in cause numbers CRS8382, CR5S383, CRS8384, or(CRS8385 and to apprise me of any issues that I may need to address, Assistant Distt Attomey lenifer Lively has been assigned as lend prosecutor on the ease snd has kept me generally apprised of the posture ofthe ease. 4) On April 25, 202, when I received a phone eal after the court adjourned forthe day regarding the testimony of Sgt. Jemay Alonzo, the lead detective in the case. She testified that] had an active role in the investigation and subsequent aret of the individuals in cause numbers CRS8382, CRS8383, CR58384, or CRSE385. pR: 24042348 SWORN TO AND SUBSCRIBED before me on this the JU” aay of hy 2028, Jan Oh de Notary Publis, Sate of Texas STAN GALINDO yoy rts [Sees Poe ty. a3 -2-STATE OF TEXAS COUNTY OF Midland County AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Jenifer Lived so beng by me dy sworn, deposed as follows: My name is See personally acquainted withthe facts herein stated: ‘My name is Jenner Lively. lam curently an Assistant Distt Attorney forthe County of Midland, Texcs, My state bar number i 24004772. Iam the lead prosecutor in the following cases: CRS8382, The Stato of Texas v. Chrystal Myers, CRSB383, The State of Texas v. Adtienne Clion, CRS8384, The State of Texas v Todd Freese and CRS838S5, The State of Texas. Shelby Hammer. On Apel 25,2023, ealled Jemie Alonzo, a Sergeant withthe Midlara Police Deparment as a witness in those cases. have had Jennie Alonzo testy as witness before ina couple of eases and Ihave known of hee testimony in other cases. When called her as.a witness fl that she was a eedible ‘witness. During her testimony on April 25,202, she repeatedly testified about a meeting that oceured between her, her supervisor, Sergeant Rosemary Sharp, the elected Distt Attorney, Laura Nodolf, nd me. This meting never happened, The circumstances ofthis meeting that she deverbed are notre, [never tld er to work up this case as she had ‘worked up the Midland Chistian School cass that happene the week before There was only one meeting Thad prior to the Tkinity administrators being arrested This meeting Jnappened at dhe Midland Police Department. dtl her based ona brief recitation of ‘the facts that there might be a case there an that I would be happy to review herAsfidavt for Probable Cause fora search warrant or an arrest warrant. The people in this meeting were Jennie Alonzo, Jonathon MeKown, Rosemary Sharp (for parts ofthe meeting), Bonita Tribble, another Assistant District Attomey, and me, I left with the impression that the investigation would continue and that prior 1 any action, would be given the opportunity to review the Affidavit for Probable Cause. After this meeting, I never received a copy of the Affidavit for Probable Cause filed in these eases. Later in that week, the above-mentioned defendants were arrested. I ceived a phone call from Rosemary Sharp. Iwas rot in my office and a message was lft indicating they were going to Trinity. [heard his message only after I returned from my Iunch break, whieh is ‘when I heard thatthe Trinity administrators were being arested. Jennie Alonzo participated in the presentation ofthis ease tothe Grand Jury. During that testimony she ‘made no mention ofthe “etitious meeting between Jennie Alonzo, Rosemary Sharp, ‘Laura Nodolf, and me. In numerous cals between me and Jennie Alonzo during the pendency of this prosecution, she never mentioned this fictitious meeting, I was shocked and concerned by her testimony, Obviously, Thad no reason to believe that tis testimony ‘would come out when I ealled her as a witness because I knew this meeting had not ‘occurred and she had never mentioned this meeting to me, After the conclusion of her ‘testimony, the court recessed for the day then conferred with co-counsel on this ease, ‘and we came tothe realization that we could no longer ethically sponsor her testimony in ‘his case. Defense counss! was notified by Tim Flathers and the decision was made to lismiss this ease during ‘he morning hours of April 26, 2023. This isa true and aceurate statement of my memory ofthe events involving Jennie Alonzo in these cases1 request that the charges against the defendant in the aboveentitled and rere eae eden SWORN TO AND SUBSCRIBED betoreme on this the AU day of oincy Pablo, Sate oF Texas 0 My conimission expires: ‘ARFIANTSTATE OF TEXAS * INTHE 142nd DISTRICT COURT v. * SHELBY HAMME * MIDLAND COUNTY, TEXAS ORDER ON STATE'S MOTION FOR DISMISSAL The foregoing motion having been presented to me on this the __day of _, AD, 20_, and the same having been considered, it is, therefore, ORDERED, ADJUDGED, and DECREED that said above entitled and number cause is hereby dismissed. Signed this the __day of. 2023, JUDGE PRESIDING 14nd DISTRICT COURT