NO.

16,263
STATE OF TEXAS IN THE DISTRICT COURT OF
VS. WHARTON COUNTY, TEXAS
SHIRLEY PERSONS PIGOTT 329TH JUDICIAL DISTRICT

AFFIDAVIT OF JERRY S. PAYNE

STATE OF TEXAS
COUNTY OF HARRIS

Before me, the undersigned authority, personally appeared Jerry S. Payne, who being by me
duly sworn, deposed as follows:
My name is Jerry S. Payne. I am over 18 years of age, of sound mind and capable of making this
affidavit. The facts contained in this affidavit are within my personal knowledge and are true and
correct.

I have read the facts contained in the attached Motion for New Trial. The facts contained therein
are true and correct.

When I first became involved in this case, I went to Wharton, Texas for a hearing on my motion
for continuance. I met with Josh McCown, the District Attorney. I asked his cooperation in
getting a new trial setting. In exchange, I agreed not to oppose Mr. McCown’s effort to keep my
client’s claims of conspiracy and her claims against the Texas Medical Board from being
mentioned in front of the jury. I agreed to limit the focus of the trial to what happened on the
highway on 9/29/07, rather than on the claims of conspiracy or the hearings before the Texas
Medical Board.

At the meeting, I tried to get Mr. McCown to recognize that Dr. Pigott has a mental disability;
that her conduct was influenced by her disability; that he should dismiss the charges since Dr.
Pigott did not intend to commit a crime. Mr. McCown rejected my request and told me that he
was going forward with the case. Mr. McCown formed me that he has a personal distaste and
anger toward Defendant; that he has a relationship with the police officers involved; that he
intends to go forward to defend the officers; that Defendant insulted the officers in her claims
against the officers, made when she was acting as her own attorney.

During the proceedings in this case, the assistant district attorney often stated that the conduct of
the District Attorney’s office, through assistant district attorneys, was done according to specific
instruction from District Attorney Josh McCown.

The visual picture of Dr. Pigott on the witness stand, during cross examination, was a clear
interference with Defendant’s chance for a fair trial.
The picture got so bad that I was forced to interrupt the cross examination by telling the
Defendant, in front of the jury, that she looked as if she was not being cooperative. When I told
Defendant how she appeared to be uncooperative, she made every effort to respond. She leaned
forward, held the microphone and tried hard to correct her image. However, the district attorney
was allowed to continue his abuse, which destroyed Defendant’s effort.

As the destruction of Dr. Pigott’s ability to function on the witness stand continued, I was forced
a second time to interrupt the cross examination. I asked that the cross examination be stopped. I
asked that I be allowed to talk to the Defendant off the stand to try to help her regain her ability
to testify. However, when the Defendant returned to the witness stand, the district attorney
continued his effort to destroy the Defendant’s ability to process the questions by use of vague,
unclear question which were often questions about the proceeding before the Texas Medical
Board, which I had told her not to talk about.

Further, affiant sayeth not.

Signed_Feb. 23__,2010.

___________________________
Jerry S. Payne

Sworn and subscribed before me on this 22nd day of April., 2010.

________________________
Notary Public

Printed Name of Notary

____________________

My commission expires:____________