CAUSE NO. 82710-CR

STATE OF TEXAS	§	IN THE 149th JUDICIAL	
	§
V.	§	DISTRICT COURT OF
	§
_________________				§	BRAZORIA COUNTY, TEXAS

MOTION FOR DISCOVERY, INSPECTION AND PRODUCTION
OF DRUG RECOGNITION EVALUATION
TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, the above referenced Defendant, by and through the undersigned counsel, and respectfully moves this Court, pursuant to:
	(A)	Article 39.14 of the Texas Code of Criminal Procedures;
	(B)	The Due Process Clause of the 14th Amendment of the United States Constitution and Article I, §§ 13 and 19 of the Texas Constitution; and
	(C)	The right to effective assistance of counsel, the right to be informed of the nature of the accusation, the right of confrontation and cross-examination and the right to compulsory process as guaranteed by the Sixth Amendment of the United States Constitution and Article I, § 10 of the Texas Constitution, for an order requiring the State's attorney, and the Drug Recognition Evaluator in this case to produce the following:

	1.	A copy of the Drug Influence Evaluation performed on the Defendant.  Said request includes the Drug Influence Evaluation Face Sheet and the Drug Influence Evaluation Narrative Report containing all notations, statements, and observations made of the Defendant.

	2.	A copy of the Drug Recognition Evaluator’s rolling log of every drug recognition evaluation conducted, including toxicology results of same, for the past two years prior to the Defendant’s D.R.E. exam and after.

	3.	A copy of the Drug Recognition Evaluator’s updated resume that lists all training, listing of readings which the DRE will rely upon to base and form any opinion, all formal education, any publications, and other relevant experiences.

	4.	All laboratory, fingerprint or scientific reports in any way connected with the prosecution of this cause, i.e., all lab reports, analysis notes, exam sheets, GCMS testing notes or reports, ammuno-assay panel testing notes or reports documenting any type of testing or analysis of any breath sample, blood sample, urine sample, or drugs alleged to have been obtained from the Defendant.

5.	All notes and/or lab reports indicating whether any test(s) performed was either a screening test, a confirmatory test, or a quantitative analysis test, and the all results of said test(s).

6.	Any accreditation certificates for the laboratory in effect at the time of the analysis and a copy of the lab’s last complete inspection and final accreditation audit.

7.	Any internal, external, annual or reaccreditation, reviews, or reports since the lab’s last complete accreditation audit and any internal, external, annual, or reaccreditation audits since the time of the test in this case.

8.	All documents reflecting the failure of the laboratory to comply, at any point, with any essential, important, or desirable criteria for accreditation, or reaccreditation and all documents evidencing subsequent satisfaction of any essential, important, or desirable criteria for accreditation or reaccreditation. 

9.	The laboratory’s standard or general policies, protocol, and procedures concerning testing, quality control, quality assurance, calibration, achievement of the calibration curve, and administrative or technical review, if applicable to all disciplines within the laboratory.

10.	The laboratory’s policies, protocols and procedures as to testing, quality control, quality assurance, calibration, achievement of the calibration curve, and administrative or technical review of all samples, solutions and equipment used in or related to the testing of the sample, solutions, and equipment used in this case.

11.	The laboratory’s policies, protocols, and procedures concerning the sample selection criteria used in this particular case.

The Following Items Concern Pre-Analytical Matters:

12.	The testimonial evaluation forms of each laboratory employee involved in the testing process.

13.	Validation studies, both internal and external, that prove the validation in this case of the method, equipment, and instructions used.

14.	The identification and source of all internal standards, standard mixtures (separation matrix), verifiers, blanks, and controls that were run in the same batch as the sample in this case as well as all certificates relating to the foregoing obtained from outside vendors. 

15.	The identification, source, and manufacturer’s inserts/certificates for any reagents, kits, biochips or other supplies used in the immunoassay testing in this case.

16.	The identification, source, and manufacturer’s inserts/certificates for any SPE cartridges used in the extraction(s) in this case.

17.	The identification, source, and manufacturer’s certificates of analysis for any reagents used in the solid phase and/or liquid-liquid extraction(s) in this case.

18.	All records reflecting internal testing and verification and ongoing quality control testing of all solutions, reagents, or standard mixtures used as part of, or in relation to calibrators, internal standards, controls, standard mixtures, or standards in the batch in which the sample in this case was run.

19.	All refrigeration logs for all refrigerated items related to the testing in this case including the blood tested by the lab and calibrators/controls that were stored by the lab, for one year before and after the date of the test in this case.

20.	All proficiency test results for any person involved in sample preparation, analysis, or administrative or technical review in this case.  This specifically includes the chromatograms and mass spectra for the testing of the proficiency samples, the summary report of expected results/manufacturer’s information sheet against which the proficiency test results are judged.

21.	Balance  quality  control  records  on  any  balance  instrument  used  in  relation  to  the calibrators, samples, controls, internal standards, mixtures or other solutions used in relation to the preparation of knowns or unknowns used in the blood alcohol testing of the samples in this case. This includes the records reflecting the calibration of weights on any balance related to the solutions, mixtures, or equipment used in relation to this case as well as any control charts, six (6) months before and at any time since the testing of the sample in this case.

22.	Pipette quality control records on any pipette or dilutor used in relation to the calibrators, samples, controls, internal standards, mixtures or other solutions, or used in the preparation of knowns or unknowns used in the blood alcohol testing of the samples in this case for six (6) months before and at any time after the testing of the sample in this case. 

23.	The employee training records, curriculum vitae, and resume for any person involved in sample preparation, analysis, or administrative or technical review in this case.

The Following Items Concern Analytical Matters:

24.	All maintenance and repair records for all equipment used in relation to the testing in this case for six (6) months before and after the testing in this case. 

25.	The identity, make, model, and brand or manufacturer of all equipment (GC, MS, and auto Sampler, Immunoassay) and other supporting equipment (i.e. balance, pipette, etc.) used during the analysis and/or preparation of the samples in this case and the variables used in its installation and operation.

26.	If a Gas or Liquid Chromatograph is used, the reporting of t0 time (time zero) according to the method.

27.	The calibration curve and chromatograms for this test and all chromatograms generated in the batch in which the sample in this case was tested.

28.	All logs, spreadsheets, or other documents reflecting the sequence,  order  and-or analytical results of all calibrators, samples, standards, controls, and blanks in the batch containing the sample in this case.  This includes a computer generated printout of the actual sequence used in this case/batch.

29.	Documentation of all machine parameters, settings, variables, and integration criteria in relation to the testing of this sample - as existed on the date the sample in this case was tested.

The Following Items Concern Reporting Matters:

30.	The particular records maintained for this testing and calibration event.

31.	All documents and bench notes contained within the folder or file for the sample in this case including any note or notation on the sample folder or file.   These documents shall be segregated from all other documents produced.

32.	If the lab received more than one vial or container of blood or other substance, records reflecting which vial was tested in this case.

33.	The full reporting and the underlying validation of the valuation of the uncertainty measurement (UM) in the ultimate reported result.

34.	All chain of custody logs or reports related to the sample.

35.	Any quality action plan or corrective action plan, and any deviation documentation related to the type of testing, equipment, or personnel involved in this case for six (6) months before and after the test in this case. 

36.	An opportunity for the defense and defense experts to view, visually inspect, diagram and photographically record the GC, LC and all ancillary equipment used to test the sample in this case as well as the area, and all immediately adjacent and adjoining areas, in which the equipment used in this case are kept, and the sample(s) and kit or packaging in which the sample was received or may be contained.  If the defense wants such an inspection, it shall be at a time mutually agreed upon by the parties and the laboratory.

37.	If a Mass Spectrometer is used, then the following additional materials should be provided:

38.1    If a spectral library is used to examine spectra and elucidate spectra, the source of the library spectra.

38.2    The hit list and the hit histogram for the testing.

38.3    All ‘‘tune’’ reports ran within one year if a MS detector was used.

	39.	Any and all photographs made of the Defendant, including the booking photo, all audio and video recordings of the Defendant made at the scene and/or station that contain any statements alleged to have been made by the Defendant, or the Defendant performing balance and coordination exercises, or of the Defendant submitting to the Drug Recognition Evaluation made in this case.

	40.	The names, addresses and phone numbers of all witnesses the State intends to call in its case in chief and rebuttal.

	41.	A list bearing the names of all officers who participated in any investigation of the Defendant for the offense now before the Court, and all officers who participated in the post-arrest and subsequent investigation of this cause.

	42.	Any exculpatory evidence as to each above witness which is relative to that witness's reputation for being untruthful.

	43.	All character evidence sought to be admitted by the State during the guilt/innocence and/or punishment phases of this case under Tex.R Evid. 404 (a),(b) and (c), 608, 609.

	44.	All evidence which would be exculpatory or mitigating at the guilt/innocence or punishment stage of the trial, such production to include any and all statements of all persons who the State does not plan to call as witnesses, but who have provided statements about this Defendant, whether written or oral, in this case.

	45.	All evidence or information that tends to negate guilt or that mitigates the offense.  State Bar Rules of Professional Conduct 3.09(d).

	46.	Evidence of any extraneous offenses.  Such production to include evidence of any extraneous offense or act of misconduct which may be introduced by the Government at the time of this matter and which is alleged to have been committed by the Defendant.

In support of this MOTION, the Defendant shows as follows:

	1.	The matters requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, a law enforcement agency, or the prosecuting attorney's office, and the Defendant has no other way to obtain said information, other than through this motion and an order from this court.

		2.   	The items requested are not privileged.

	3.	The matters requested are material and necessary for the preparation of the defense in this case.

	4.	Absent all of the requested discovery, Defendant's rights under Article 39.14 of the Texas Code of Criminal Procedure, Article 1, Section 10 of the Texas Constitution, and the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution will be violated to his irreparable injury and thus deprive the Defendant from a fair trial.

5.	This MOTION is made in good faith and not for the purpose of delay.

	WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this motion be granted in its entirety.

						Respectfully submitted											________________________________                      							Steve Gonzalez 
						SBN 90001622
						1480 E. Hwy 6
						Alvin, Texas 77511
						Phone:  281-585-1999
						Fax: 281-585-6999
						Attorney for Defendant,
						__________________

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the attached and foregoing document has been served on the Assistant District Attorney assigned to this case on this      day of _________________, 20___.

							 
							__________________________
							STEVE GONZALEZ
CAUSE NO. 82710-CR

STATE OF TEXAS	§	IN THE 149TH JUDICIAL	
	§
V.	§	DISTRICT COURT OF
	§
TODD WOODS				§	BRAZORIA COUNTY, TEXAS

ORDER ON MOTION FOR
DISCOVERY, INSPECTION AND PRODUCTION
	Before the court is a Motion for Discovery and Inspection and after due consideration of same it is the Court's opinion that said Motion should GRANTED.  It is therefore ORDERED that any evidence within the scope of the items granted below be provided by the Brazoria County District Attorney’s Office, hereinafter the State, and the law enforcement agencies in possession of these items.  The items are to be produced to Defense Counsel, STEVE GONZALEZ, 1480 E. Hwy 6, Alvin, Texas 77511 within 21 days from the date this order is signed  
	The items ORDERED to be produced are the following:
	1.	A copy of the Drug Influence Evaluation performed on the Defendant.  Said request includes the Drug Influence Evaluation Face Sheet and the Drug Influence Evaluation Narrative Report containing all notations, statements, and observations made of the Defendant.
	2.	A copy of the Drug Recognition Evaluator’s rolling log of every drug recognition evaluation conducted, including toxicology results of same, for the past two years prior to the Defendant’s D.R.E. exam and after.
	3.	A copy of the Drug Recognition Evaluator’s updated resume that lists all training, listing of readings which the DRE will rely upon to base and form any opinion, all formal education, any publications, and other relevant experiences.
	4.	All laboratory, fingerprint or scientific reports in any way connected with the prosecution of this cause, i.e., all lab reports, analysis notes, exam sheets, GCMS testing notes or reports, ammuno-assay panel testing notes or reports documenting any type of testing or analysis of any breath sample, blood sample, urine sample, or drugs alleged to have been obtained from the Defendant.
5.	All notes and/or lab reports indicating whether any test(s) performed was either a screening test, a confirmatory test, or a quantitative analysis test, and the all results of said test(s).
6.	Any accreditation certificates for the laboratory in effect at the time of the analysis and a copy of the lab’s last complete inspection and final accreditation audit.
7.	Any internal, external, annual or reaccreditation, reviews, or reports since the lab’s last complete accreditation audit and any internal, external, annual, or reaccreditation audits since the time of the test in this case.
8.	All documents reflecting the failure of the laboratory to comply, at any point, with any essential, important, or desirable criteria for accreditation, or reaccreditation and all documents evidencing subsequent satisfaction of any essential, important, or desirable criteria for accreditation or reaccreditation. 
9.	The laboratory’s standard or general policies, protocol, and procedures concerning testing, quality control, quality assurance, calibration, achievement of the calibration curve, and administrative or technical review, if applicable to all disciplines within the laboratory.
10.	The laboratory’s policies, protocols and procedures as to testing, quality control, quality assurance, calibration, achievement of the calibration curve, and administrative or technical review of all samples, solutions and equipment used in or related to the testing of the sample, solutions, and equipment used in this case.
11.	The laboratory’s policies, protocols, and procedures concerning the sample selection criteria used in this particular case.
The Following Items Concern Pre-Analytical Matters:
12.	The testimonial evaluation forms of each laboratory employee involved in the testing process.
13.	Validation studies, both internal and external, that prove the validation in this case of the method, equipment, and instructions used.

14.	The identification and source of all internal standards, standard mixtures (separation matrix), verifiers, blanks, and controls that were run in the same batch as the sample in this case as well as all certificates relating to the foregoing obtained from outside vendors. 
15.	The identification, source, and manufacturer’s inserts/certificates for any reagents, kits, biochips or other supplies used in the immunoassay testing in this case.
16.	The identification, source, and manufacturer’s inserts/certificates for any SPE cartridges used in the extraction(s) in this case.
17.	The identification, source, and manufacturer’s certificates of analysis for any reagents used in the solid phase and/or liquid-liquid extraction(s) in this case.
18.	All records reflecting internal testing and verification and ongoing quality control testing of all solutions, reagents, or standard mixtures used as part of, or in relation to calibrators, internal standards, controls, standard mixtures, or standards in the batch in which the sample in this case was run.
19.	All refrigeration logs for all refrigerated items related to the testing in this case including the blood tested by the lab and calibrators/controls that were stored by the lab, for one year before and after the date of the test in this case.
20.	All proficiency test results for any person involved in sample preparation, analysis, or administrative or technical review in this case.  This specifically includes the chromatograms and mass spectra for the testing of the proficiency samples, the summary report of expected results/manufacturer’s information sheet against which the proficiency test results are judged.
21.	Balance  quality  control  records  on  any  balance  instrument  used  in  relation  to  the calibrators, samples, controls, internal standards, mixtures or other solutions used in relation to the preparation of knowns or unknowns used in the blood alcohol testing of the samples in this case. This includes the records reflecting the calibration of weights on any balance related to the solutions, mixtures, or equipment used in relation to this case as well as any control charts, six (6) months before and at any time since the testing of the sample in this case.
22.	Pipette quality control records on any pipette or dilutor used in relation to the calibrators, samples, controls, internal standards, mixtures or other solutions, or used in the preparation of knowns or unknowns used in the blood alcohol testing of the samples in this case for six (6) months before and at any time after the testing of the sample in this case. 
23.	The employee training records, curriculum vitae, and resume for any person involved in sample preparation, analysis, or administrative or technical review in this case.
The Following Items Concern Analytical Matters:
24.	All maintenance and repair records for all equipment used in relation to the testing in this case for six (6) months before and after the testing in this case. 
25.	The identity, make, model, and brand or manufacturer of all equipment (GC, MS, and auto Sampler, Immunoassay) and other supporting equipment (i.e. balance, pipette, etc.) used during the analysis and/or preparation of the samples in this case and the variables used in its installation and operation.
26.	If a Gas or Liquid Chromatograph is used, the reporting of t0 time (time zero) according to the method.
27.	The calibration curve and chromatograms for this test and all chromatograms generated in the batch in which the sample in this case was tested.
28.	All  logs,  spreadsheets,  or  other  documents  reflecting  the  sequence,  order  and-or analytical results of all calibrators, samples, standards, controls, and blanks in the batch containing the sample in this case.  This includes a computer generated printout of the actual sequence used in this case/batch.
29.	Documentation of all machine parameters, settings, variables, and integration criteria in relation to the testing of this sample - as existed on the date the sample in this case was tested.

The Following Items Concern Reporting Matters:
30.	The particular records maintained for this testing and calibration event.
31.	All documents and bench notes contained within the folder or file for the sample in this case including any note or notation on the sample folder or file.   These documents shall be segregated from all other documents produced.
32.	If the lab received more than one vial or container of blood or other substance, records reflecting which vial was tested in this case.
33.	The full reporting and the underlying validation of the valuation of the uncertainty measurement (UM) in the ultimate reported result.
34.	All chain of custody logs or reports related to the sample.
35.	Any quality action plan or corrective action plan, and any deviation documentation related to the type of testing, equipment, or personnel involved in this case for six (6) months before and after the test in this case. 

36.	An opportunity for the defense and defense experts to view, visually inspect, diagram and photographically record the GC, LC and all ancillary equipment used to test the sample in this case as well as the area, and all immediately adjacent and adjoining areas, in which the equipment used in this case are kept, and the sample(s) and kit or packaging in which the sample was received or may be contained.  If the defense wants such an inspection, it shall be at a time mutually agreed upon by the parties and the laboratory.
37.	If a Mass Spectrometer is used, then the following additional materials should be provided:
		
38.1    If a spectral library is used to examine spectra and elucidate spectra, the source of the library  spectra.

38.2 The hit list and the hit histogram for the testing.

38.3 All ‘‘tune’’ reports ran within one year if a MS detector was used.
39.	Any and all photographs made of the Defendant, including the booking photo, all audio and video recordings of the Defendant made at the scene and/or station that contain any statements alleged to have been made by the Defendant, or the Defendant performing balance and coordination exercises, or of the Defendant submitting to the Drug Recognition Evaluation made in this case.
40.	The names, addresses and phone numbers of all witnesses the State intends to call in its case in chief and rebuttal.
41.	A list bearing the names of all officers who participated in any investigation of the Defendant for the offense now before the Court, and all officers who participated in the post-arrest and subsequent investigation of this cause.
42.	Any exculpatory evidence as to each above witness which is relative to that witness's reputation for being untruthful.
43.	All character evidence sought to be admitted by the State during the guilt/innocence and/or punishment phases of this case under Tex.R Evid. 404 (a),(b) and (c), 608, 609
44.	All evidence which would be exculpatory or mitigating at the guilt/innocence or punishment stage of the trial, such production to include any and all statements of all persons who the State does not plan to call as witnesses, but who have provided statements about this Defendant, whether written or oral, in this case.
45.	All evidence or information that tends to negate guilt or that mitigates the offense.  State Bar Rules of Professional Conduct 3.09(d).
46.	Evidence of any extraneous offenses.  Such production to include evidence of any extraneous offense or act of misconduct which may be introduced by the Government at the time of this matter and which is alleged to have been committed by the Defendant.
	It is further ORDERED that this order is continuing that the State and the law enforcement agencies in possession of these ordered items will immediately make available to the Defendant's attorney any subsequent discoverable matter within the scope of the above granted items within 24 hours of the time it learns of or obtains such discoverable matter.
	It is further ORDERED that any items herein not produced in violation of this order shall be and are excluded from evidence in this case if offered by the State if not timely provided as set forth in this order.
	It is further ORDERED that testimony concerning the items not produced in violation of this order or the information contained in those items, including the D.R.E. evaluation and any toxicology sample test result and testimony concerning the these items, in this case, shall be and are excluded from evidence in this case if offered by the State.

	SIGNED AND ORDERED this       day of      				          , 20___.

							_________________________
							JUDGE PRESIDING