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Barnaby,
During March of last year 2016, I emailed your office with an official criminal
complaint. I followed up with your office about the complaint on several occasions
acknowledgment whatsoever.
Recently I filed an application for Habeas Corpus on behalf of my son Chadrick Pate in
trial court cause no. A-08-5080-4CR and provided a voluminous appendix and exhibits
that support Ground One: Actual Innocence both factual and legal, and Ground Two:
Fraud on the court by the court, Ground Three :Ineffective Assistance of Counsel, &
Ground Four Judgment and Orders in the Trial Court, 13th Court of Appeals and Texas
Court of Criminal Appeals are VOID for lack of jurisdiction. The appendix and
exhibits for the most part are all trial court records from the separate pre trial & trial
court proceedings under my son's cause no, and the separate pre trial & trial court
proceedings from the co defendants proceedings Each of these proceedings that should
forwarded copy to you) will support the Criminal Complaint that I made in March 2016,
and the one that I am making contained in this correspondence today April 1st, 2017.
You have breached your duty according to Texas Code of Criminal Procedures 2.03 2.04
& 2.05.
I am making the complaint that follows in the body of this correspondence in accordance
with Texas Code of Criminal Procedure Article 2.03(a) It shall be the duty of the
attorney representing the State to present by information to the Court having
jurisdiction any officer for neglect or failure enjoined upon such officer when such
knowledge of said attorney that there has been a neglect or failure of duty upon the part
of said officer and he shall bring to the notice of the grand jury any act of violation of
law or neglect or failure of duty upon the part of any officer when such violation neglect
or failure is not presented by information and whenever the same may come to his
knowledge.
Article 2.04 Shall Draw complaints Upon complaint being made before a district or
county attorney that an offense has been committed in his district or county he shall
reduce the complaint to writing and cause the same to be signed and sworn to by the
Article 2.05 When complaint made If the offense be a misdemeanor the attorney shall
forthwith prepare an information based upon such complaint and file the same in the
misdemeanor cases may be tried upon complaint alone without an information provided
however in counties having one or more district courts an information must be filed in
each misdemeanor case. If the offense be a felony, he shall forthwith file the complaint
The Texas Statutes that State Public Officials (under color of law) violated as a result of
criminal proceedings that were a gross violation of "due process of law" and arbitrary
power are:
37.02, Perjury, 37.03 Aggravated Perjury , 39.02 Abuse of Official Capacity and 39.03
Official Oppression.
The Federal Statutes that State Public Officials (under color of law) violated as a result
of criminal proceedings that were a gross violation of "due process of law" and arbitrary
power are:
Title 18 U.S.C. Section 242 Deprivation of Rights under color of law &
Christopher Hall in Cause no. A-08-5080-2CR and S-08-5080-2 that are appended to
the Application.
The Aransas County Grand Jury returned a "joint" indictment indicting my son with 4
other co defendants of Count One Murder under Texas Penal Code 19.02(b)(1)
intentionally or knowingly causes the death of an individual, & (b)(2) intends to cause
serious bodily injury and commits an act clearly dangerous to human life that causes the
death of an individual;but NOT (b)(3) commits or attempts to commit a felony, other
than manslaughter and in the course of and in furtherance of the commission or attempt,
he commits or attempts to commit an act clearly dangerous to human life that causes the
death of an individual.
When a statute lists more than one method of committing an offense and the indictment
alleges some but not all of the statutorily listed methods,the State is limited to the
Texas Penal Code 7.02 (a) criminal responsibility for an offense committed by the
conduct of another (2) acting with intent to promote or assist the commission of the
offense, he solicits encourages, directs, aids or attempts to aid the other person to
commit the offense or, Texas Penal code 71.02 Engaging in Organized Criminal
Activity (a) a person commits and offense if, with the intent to establish maintain, or
criminal street gang, he conspires to commit one or more of the following (1)
Murder.....Aggravated Assault....
Count Two of the indictment alleged that my son with the 4 co defendants violated
Texas Penal codes 22.02 Aggravated Assault (a) A person commits an offense if the
person commits assault as defined in 22.01 and the person; (2) uses or exhibits a deadly
weapon during the commission of the assault, and Texas Penal Code 71.02 Engaging in
Organized Criminal Activity (a) a person commits an offense if, with the intent to
defendants plead Guilty to Assault and were offered 5 to 15 years by the State to testify
The Jury found my son and the co defendant Guilty of Count One Murder as alleged in
the indictment. They did not find either of them Guilty of Count Two.
My son Chadrick Pate and one co defendant Christopher Hall plead NOT GUILTY to
the offenses alleged in Count One and Count Two of the indictment .
Pursuant to what the indictment alleged under Count One Murder Texas Penal code(b)
(1) & (b)(2) and because of the wording in the indictment that my son acted alone AND
together with the other 4 jointly indicted co defendants, The Jury found my son Guilty
of causing the death of Aaron Watson by intentionally or knowingly causing the death
of Aaron Watson by shooting him with a firearm while he was alone and while he was
with the other jointly indicted co defendants.
The evidence presented at the "joint trial" clearly shows that the person responsible for
causing the death of the victim Aaron Watson by intentionally or knowingly shooting
him with a firearm is the co defendant Christopher Hall, (although that evidence is
based on the testimony of the 3 accomplices who testified against him) and that his
accomplices the 3 jointly indicted co defendants who pleaded guilty to Assault and took
deals of 5 to 15 years to testify against my son and the co defendant who were all
assaulting the victim when Christopher Hall (allegedly) shot Aaron Watson with a
firearm.
The State offered NO EVIDENCE that Chadrick Pate caused Aaron Watson's death
by intentionally or knowingly shooting him with a firearm either while alone or with
anyone.
There was no evidence or testimony that Chadrick was at the scene of the crime when
the jointly indicted accomplices assaulted the victim and when the co defendant
when they knew that there was no evidence that he intentionally or knowingly caused
the death of Aaron Watson by shooting him with a firearm or that he assaulted Aaron
Watson while using or exhibiting a firearm or that he was a part of a Criminal Street
Gang.
Because the State knew that there was NO Evidence that Chadrick was Guilty of either
of the Offenses alleged in the indictment, they intentionally and knowingly with other
officers of the court schemed, connived, concealed facts, court pleadings, court orders,
manipulated, deceived and committed fraud on the judiciary, jury, and Chadrick Pate in
order to keep him jointly tried with at least one co defendant and to illegally convict him
for offenses that they knew there was no evidence to convict him.
The joint indictment was a fraud, falsely alleging offenses against Chadrick. The trial
court proceedings were a fraud, fraudulently trying Chadrick in a Criminal court of law
in a joint trial for offenses for which there was no evidence to even bring an indictment
Chadrick asked his Defense Attorney John Gilmore to represent him because he trusted
him to obtain his freedom and to obtain an Acquittal for the offense alleged in the
indictment. Chadrick asked his defense attorney to file a Motion for Severance from
the co defendants and although he did file the Motion for Severance he never meant to
obtain the Severance, but rather the evidence revealed in the pre trial and trial court
proceedings of Chadrick and Christopher Hall reveal his participation that he connived
and schemed with the State, Judge Janna Whatley, Judge Michael Wellborn, Marcellino
Rodriguez, Retha Cable the co defendant's defense attorney Stan Turpin, The Aransas
County District Clerk and her Staff and possibly Patrick Flannigan to keep Chadrick
joined for trial with the co defendant in order to bring all of the evidence against the co
defendant to trial and to confuse the jury as to Chadrick having some part to do with
the murder, and or assault of Aaron Watson , all in order to obtain an illegal Conviction
against Chadrick from a panel of jurors, most likely because he had refused a plea deal
How did those Officer's of the Court accomplish keeping Chadrick in a joint trial with
the co defendant and then obtain an illegal Conviction? By intentionally and knowingly
violating all of the criminal statutes mentioned above under Texas Penal codes 37.10,
37.02, 37.03, 39.02, & 39.03 and intentionally and knowingly committing Fraud on the
Process of Law.
This is how: First you must as would any reasonable person wonder how a Grand Jury
could return a joint indictment in which Chadrick is included when there was no
evidence to indictment him for either of the offenses alleged. We do not know that at
this point because so far the trial court nor the Court of Criminal Appeals has granted an
Although Chadrick and the co defendant Christopher Hall were indicted jointly, the
Court held separate pre trial hearings. (This is supported by the trial court records
included in the appendix of the Writ Application) Because the proceedings were held
separately, and because Chadrick's due process rights to Notice and Opportunity to be
heard at every critical stage of the trial, were violated he was not aware of the Pleadings,
Hearings, Court Orders in the co defendant's pre trial proceedings that had been
concealed from him.. In other words the officer's of the court concealed the hearings,
pleadings, and court orders from Chadrick, and his defense attorney lied to him and
along with the other officers concealed the proceedings from him. When any person is
joined for trial as a "party" to the lawsuit he has the right to receive written notice that
his is being sued (or that a hearing will be held that might affect him in some way;
Lectric Law Library "Parties and Service of Case Documents". also TCCP 28.01 and
TCCP 1.05.
Chadrick was not allowed to appear and be heard at his own pre trial hearings. In other
words he was not given notice of the hearings or court orders resulting from his own
The due process violations occurred early in the pre trial hearings and through out the
entire trial, but for the sake of brevity here for the purpose of the Criminal Complaint ,
I refer you to the crux of the violations occurring when Chadrick's Court ordered Jury
Trial Date of 11/03/08 ordered by Judge Michael Wellborn at a hearing on 9/25/08 was
ignored by all officer's of the court. There was No Motion filed for a Continuance, No
Order Granting any Continuance and No hearing held on any Motion for a Continuance
according to the trial court record itself.
Chadrick found out after his trial, after his appeal and after his initial State Application
for Habeas Corpus that in a pre trial for the co defendant and concealed from applicant,
that Judge Joel Johnson had ordered the trial of the co defendant Christopher Hall
severed from Chadrick's trial date of 11/03/08 Reporter's Record Christopher Hall Vol 4
of 11. Chadrick's Defense Attorney John Gilmore did not tell Chadrick about the
severance, The Trial Court did not notify Chadrick about the Severance, The Trial Court
Judge ignored the Order, and the State stayed silent as to the Severance and the District
Clerk's Office did not enter the Oral Severance Order anywhere onto the record. John
Gilmore, the defense attorney lied to Chadrick and to me and told us both that the Court
would not grant the Severance due to the cost . He also lied to the voire dire jury
veniremen and later to the jury that he did not want to be in a joint trial with the co
defendant but that he was forced to be in the joint trial. He did not elaborate on who or
The co defendant's attorney Stan Turpin concealed his knowledge that his client's trial
had been severed from Chadrick's . Not one officer of the Court acknowledged that
On 10/30/08 the District Clerk's staff made a false entry onto the Court Docket Sheet
showing that Chadrick had filed a motion for Continuance and made false entry of
resetting his trial date from 11/03/08 to the same trial date that Judge Johnson had reset
the co defendant when he severed the trials 1/5/08. As stated before, there was no
Motion for a Continuance, No Order for a Continuance and no hearing on any Motion
for a Continuance. This event took place only 3 days from the court ordered jury trial
date of 11/3/08 which even if there had been a Motion for Continuance filed, without a
good cause to continue the trial only 3 days before it was to start would have been a
violation of Continuance procedures TCCP 28.01. When a officer of the court makes a
false entry onto the criminal court record they have committed an offense pursuant to
Texas Penal Code 37.10 Tampering with a Court Record, and the silence and
concealment of such falsehood is fraud on the court by the officer's of the court.
On 11/25/08 in a pre trial hearing for the co defendant Reporter's Record Vol 5 of 11
Judge Michael Wellborn presiding, the same officer's of the court The State Prosecutor
and Stan Turpin the co defendant's defense attorney who were at the 10/23/08 hearing
where Judge Johnson severed the trials, held an ex parte communication in which they
discussed Chadrick's Motion for Severance, stating that Chadrick did not have a Motion
for Severance in his file and failing to tell Judge Wellborn that Judge Johnson had
severed the trials , then told Judge Wellborn that Chadrick's trial date was the same date
of the co defendant's 1/5/08, to which Judge Wellborn replied that it (no quote) is hard
to have a joint trial if the trials are not on the same date" Judge Wellborn should have
On 12/19/08 the co defendant filed yet another Motion for Continuance and Judge
Wellborn signed an order Granting the Motion on 12/22/08. The Motion for
Continuance gave Notice only to the State, not to Chadrick or his attorney. The District
Clerk's office who is under the direction of the trial court Judge then made another false
entry on the court docket sheet showing entry resetting Chadrick's trial date once again
with the co defendant's new trial date of 2/09/09. There was no hearing on the co
defendant's Motion to Continue showing good cause to grant the Motion. It should be
noted here that a Clerk does not have the authority to Grant a Continuance or to enter
reset trial notes on a defendant's trial date without a Written Order to do so.
On 2/5/09 there was a pre trial hearing for the co defendant where the State announced
Ready on the co defendant and the Co defendant announced Ready as well. Chadrick's
Defense Attorney was present although Chadrick was not. He did not announce Ready
and the State did not announce Ready on Chadrick Pate. On 2/5/09 the District Clerk's
staff who is under the trial court judge's supervision made another false entry on the
court docket sheet showing that Chadrick had announced Ready for trial.
The 2/5/09 pre trial hearing Reporter's Record 5A of 11 was concealed from the Appeals
Courts, as the trial court Judge did not include it in the certified proceedings to the 13th
Court of Appeals and in fact gave the proceeding a completely different Cause No. of S-
08-5080-2 and gave the Reporter's Record an out of sequence Volume No. of 5A of 11.
On 2/9/09 the trial court who had lost the jurisdiction to do so brought Chadrick to a
joint jury trial with the co defendant( it should be noted here that a Judge loses
jurisdiction to proceed to trial when he has violated statutory criminal procedures) with
no objection from one single officer of the court, and by their silence committed fraud
on the court, the jury and applicant. The trial court intentionally and knowingly brought
Chadrick to a joint trial with the co defendant with full knowledge that the officer's of
the court were committing fraud on the court, had violated Texas Penal Codes 37.10,
37.02, 37.03, 39.02 & 39.03 and violated Chadrick's U. S. Constitutional Due process of
law, and knew or should have known that officer's of the court had violated Federal
Statutes Title 18 USC 241 Conspiracy Against Rights and Title 18 USC 242
On the trial date 2/9/09 the court brought Chadrick to trial in Leg Restraints, with No
Motion for the Restraints, No Order for the Restraints and No Hearing showing good
The State at trial presented to the jury with No objection the False Narrative that
Chadrick was responsible for Aaron Watson's death by intentionally causing his death
directing, aiding or attempting to aid others in committing the offense of murder. The
accomplice witness who committed the murder with the co defendant testified that
Chadrick had an agreement with them to "go run a guy off" and that he planned how
they would run the guy off together, and that he rode with them to the victim's home
and gave them directions how to get to the house, and then left before they entered the
home and assaulted and murdered the victim. There was no evidence or testimony that
corroborated that Chadrick did anything that the accomplices testified to. Even so,
Chadrick was not indicted for causing the victim's death by with intent he promoted or
assisted the others in the murder by encouraging directing soliciting aiding or
attempting to aid the others. He was indicted for intentionally or knowingly causing the
death of Aaron Watson by shooting him with a firearm while he was alone and while he
The trial court Judge in order to support the false narrative by the State prepared and
charged the jury in the Court's Charge in an abstract paragraph of the charge (not the
application paragraph) that the jury could find applicant guilty if Chadrick acted with
The State did not object to the Indictment, and the Ineffective Defense attorney did not
object to the Court's Charge. The State must prove the elements of the offense alleged in
the indictment beyond a reasonable doubt. The only elements alleged in the indictment
actus rea ( causing the death by shooting the victim with a firearm)
The trial court record affirmatively reveals that the State proved not one single element
Criminal Street Gang Status. The Jury because they were confused by all of the
evidence against the co defendant, and the false testimony of the accomplices, and the
false narrative and fraudulent Court's Charge returned an illegal conviction and sentence
against Chadrick.
After the jury found Chadrick Guilty of the Offense of Murder as alleged in the
Indictment, the District Clerk's office under the supervision of the trial court judge, and
in an effort to continue to conceal the wrong doing by officer's of the court, then
certified a Fraudulent Record of Proceedings to the 13th Court of Appeals who affirmed
This complaint is not about the illegal Conviction or Illegal Sentence against Chadrick,
This complaint is about the criminal offenses committed in the criminal proceedings by
Officer's of the Court under color of law who violated the various Texas Penal Codes ,
Texas Code of Criminal Procedures and Federal Violations of Chadrick's Civil Rights
Ms. Barnaby is it not your responsibility based upon the Criminal Complaint that I made
in March of last year and now here and supported by the Trial Courts own record of
proceedings to follow Texas Code of Criminal Procedures 2.03, 2.04 & 2.05 and if not
then by the oath that I hope and assume that you took, or by your own conscious?
As a prosecutor yourself does it not give you grave concerns that the pre trial and trial
court proceedings held in Chadrick's Cause No. A-08-5080-4CR provide probable cause
to believe that offenses against the laws of Texas and the United States were committed
during those judicial proceedings?
I am waiting for your reply, and am ready to attest to and sign any necessary documents
to expedite the processes laid out under the Texas Code of Criminal Procedures pursuant
to articles 2.03, 2.04 & 2.05, or by utilizing Chapter 52 of the Texas Code of Criminal
Procedure .
I have made this Criminal Complaint not simply as an advocate & the Mother of an
Innocent man (Chadrick Blake Pate) who has suffered a grave miscarriage of justice
but as a Grandmother to his 2 teenage son's,(Blake and Gabriel) who have also suffered
a grave miscarriage of justice, as a citizen of this state and on behalf of other citizens
who have an interest in the outcome of a Judicial Process of this State more specifically
the citizens of Aransas County and the fair adversarial legal process used to obtain
Criminal Conviction for any offense in Aransas County and the State of Texas. After all
if the judicial process used in the 36th District Court in Aransas County failed my son,
that same judicial process may have failed others already and may fail the families of
others in Aransas County and in the State of Texas in future proceedings.
My son has no confidence in the judicial system. You see he has served more than 8
years of an illegal 99 year or life sentence. Can you or I or anyone blame him?