CAUSE NO. 12345

STATE OF TEXAS	}{	IN THE DISTRICT COURT

v.	}{	_______ COUNTY, TEXAS

JOHN DOE	}{	______ JUDICIAL DISTRICT

DEFENDANT'S MOTION FOR APPROVAL OF EXPENDITURE
FOR INDEPENDENT TRACE RESIDUE ANALYSIS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW JOHN DOE, Defendant in the above-styled and numbered cause, and moves the Court to pre-approve the expenditure of county funds for the payment of an independent forensic analysis of the alleged trace gunshot powder residue swabbed from Defendant at the time of his arrest for this offense, and in support thereof would show the following:
	I.
Defendant is charged by indictment with the felony offense of Aggravated Assault.  If he is found guilty, Defendant faces a possible punishment of not less than 2 years and not more than 20 years imprisonment.
	II.
Defendant’s arrest was engineered in part by the ________ Police Department and an _____ officer, Johnny Law, obtained the swabs taken from Defendant’s hands.  The State’s actual analysis was performed by the ______ County Medical Examiner’s Office, #123456, and alleged to be positive for gunshot primer residue.

III.
Defendant cannot rely on the testing allegedly performed by the State-sponsored lab technicians, nor upon any results of those tests, and contends that an independent analysis is required in order to obtain reliable, trustworthy results.  At the time Defendant’s other pretrial motions were presented to the Court, he had not yet been able to locate an independent expert, but did advise the Court of his attempts to do so.  He requested that he be permitted to seek approval of funding once he had the data to support his motion, and the Court consented.
Defendant subsequently contacted expert Lloyd Christmas, who agreed to assist in the case and quoted an initial fee of $500.00 to review the reports and documentation associated with the analysis.  Defendant subpoenaed the necessary records from the Medical Examiner’s Office, and after some delay and delivery of incomplete records, has finally been able to submit a complete package to Mr. Christmas, as of October 15, 2003.
Since Mr. Christmas is not located in Houston, the $500.00 will not cover his travel and / or trial testimony, if necessary, so additional funding would be required.  However, work can begin for the initial $500.00.  
IV.
Defendant is indigent and lacks the funds to secure such an independent expert by his own means.  See Ake v. Oklahoma, 470 U.S. 68 (1985); McBride v. State, 838 S.W.2d 248 (Tex.Crim.App. 1992); Art. 26.05, V.A.C.C.P.

WHEREFORE, PREMISES CONSIDERED, Defendant prays this Court will pre-approve the expenditure of county funds to procure an independent forensic analysis in preparation of his defense.  Defendant further prays that this motion and order be sealed.
	Respectfully submitted,

	______________________________
	ATTORNEY FOR DEFENDANT

CAUSE NO. 12345

v.	}{		HARRIS COUNTY, TEXAS

JOHN DOE	}{		180th JUDICIAL DISTRICT

	O R D E R

On this the _____ day of __________________, 2003, came on to be heard Defendant's Motion for Approval of Expenditure for Independent Trace Residue Analysis, and having duly considered same, this Court is of the opinion said Motion should be:
	_______ GRANTED
	_______ DENIED

The Court hereby approves initial funding in the amount of $500.00, payable by the Harris County Auditor to independent expert Lloyd Christmas.

IT IS FURTHER ORDERED that this Motion and Order be sealed and not be disclosed to any party other than the Court or Defendant’s attorneys.

SIGNED and ENTERED this _____ day of _________________, 2003.

		______________________________
		JUDGE PRESIDING