D1DC05201124
D1DC05200207

STATE OF TEXAS	*	IN THE 390th  DISTRICT COURT
*
vs. 	*
*
JOE ASTRAN	*	OF TRAVIS COUNTY, TEXAS

EX PARTE AND SEALED MOTION FOR 
CONSULTING PSYCHOLOGICAL EXPERT

	Comes now the defendant, Joe Astran, in the above styled and numbered cause, under the authority of Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53(1985),  and asks this Court to appoint a consulting expert with experience and skills relating to psychology.

I.
	This motion is being filed ex parte and no copy is served upon the state.  The Defendant would show this Court that the matters herein involve his preparation for trial and therefore request this Court order this motion and any resulting order sealed.

II.
	Defendant is being tried for the capital murder of Steven Castillo  in Travis County, Texas on or about March 4, 2005.  Preliminary investigation by defense counsel reveals that the complainant’s death was likely the result of sharp force trauma, possibly from being stabbed or cut with a knife.  Eye witnesses allegedly include Juan Astran (co-defendant) and Adam Astran (informant).  
 
III.
	A psychologist is a medical professional and expert in dealing with diseases and abnormalities of the mind.  It is believed that a psychologist will be able to review information learned from the crime scene, witnesses and the defendant and advise counsel regarding any possible/probable mental abnormality or disease that the defendant may have suffered at the time of the offense as well as currently.   A psychologist will further be able to assist counsel in documenting evidence which may be important not only to the guilt/innocense phase of the trial, but also in mitigation which may be presented at any punishment trial. 

IV.
	Preliminary investigation has included separate conferences with the defendant by the undersigned counsel and his investigator.  The Defendant has made statements which appear to counsel to indicate a paranoia of police officers and the defendant’s belief he is being watched.
	Preliminary investigation further included interviews with the defendant’s family members.  Adam Astran informed counsel and his investigator that the defendant believed that the police or others were spying on him through the wires in his home.  The following picture is from the Defendant’s house and was described by Adam Astran as the defendant’s attempt to protect himself from such spying by stuffing toilet paper/tissue  into the areas around electrical sockets:

	

This photo was taken in the defendant’s kitchen, above the counter.  A similar socket was located in the washroom area.
	Adam Astran further indicated that the defendant had been pulling boards from the ceiling, wall and floor boards from the floor prior to this offense.  According to Adam Astran, the defendant again believed he was being spied upon by the police or others and was looking for evidence of such surveillance.  The following pictures demonstrate the condition of the defendant’s home : 

The first picture is of the floor in the defendant’s room.  The second picture reflects the ceiling in the restroom.  There were other instances where the boards were removed in the defendant’s home.
	Adam Astran further described his frustration with the defendant prior to the instant offense.  He indicated that the defendant continued to remove the wires to the television and/or electrical appliances in the home because he believed that the police or others were using these wires to spy on him.  The following picture from the defendant’s home illustrates this situation:

	This picture represents the wire and other electrical accessories in a drawer in the bureau in the defendant’s room.  
 
V. 
	Preliminary investigation further reveals that the defendant was born with both male and female genitalia.  A decision was made by his parents and physicians that he should retain the male genitalia.  However, the defendant later lived his life as a practicing homosexual and often dressed as a woman.  The following pictures support this information:

	The first picture is of the defendant’s closet in his room.  The second picture is of a drawer in the bureau in the defendant’s room.

VI.
	The undersigned counsel would respectfully show this Court that the assistance of a consulting psychologist is required to interpret each of the circumstances demonstrated herein, and to assist counsel in his preparation of the defendant’s case.  A consulting psychologist may further direct counsel to other potential evidence relevant to the defendant’s case–including both the guilt/innocence and punishment phases of trial.  The undersigned counsel respectfully requests this Court approve sufficient funds for the defendant to retain a psychologist to consult with his attorney in preparation of this case for trial.
	Respectfully Submitted,                                 
GARY TAYLOR                                          
Attorney at Law                                             
P. O. Box 90212                                            
Austin, Texas 78709                                      
(512) 301-5100                                              
(512) 233-2953 (fax)                                     

By:                                                                        
Gary Taylor                                                 
State Bar No. 19691650                             

NO CERTIFICATE OF SERVICE

	Due to the nature of the above and foregoing Motion, and because it involves the Defendant’s preparation of a defense for trial, a copy of said motion was not served upon the Travis County District Attorney’s Office.  

Respectfully submitted,                                 

Gary Taylor                                                    

D1DC05201124
D1DC05200207

STATE OF TEXAS	*	IN THE 390th  DISTRICT COURT
*
vs. 	*
*
JOE ASTRAN	*	OF TRAVIS COUNTY, TEXAS

Ex Parte and Sealed
ORDER

On this day came on the defendant’s  request for funds with which to employ a consulting expert in psychology. The Court is of the opinion that defense counsel has made the requisite showing of need and hereby approves the sum of $_____________ which defense may use to retain a consulting psychologist.  Should additional funds be required, defense counsel is expected to both account for the funds already approved and to justify the need for additional funds.
IT IS HEREBY ORDERED that the treasurer of Travis County immediately issue a check in the amount of $___________ and forward same to attorney Gary Taylor to be used to retain such expert. 
	SIGNED on this the ___ day of March, 2005.

                                                                
JUDGE PRESIDING