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IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO

STATE OF OHIO

Plaintiff Appellee C.A. CASE NO. 21499 and 21573

V.

TYRONE REID

Defendant-Appellant

T.C. NO. 01 CR 1371

(Criminal Appeal fromCommon Pleas Court)

OPINION

Rendered on the 18t" day of May , 2007.

CARLEY J. INGRAM, Atty. Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W.Third Street, 5th Floor, Dayton, Ohio 45422

Attorney for Plaintiff-Appellee

MARSHALL G. LACHMAN, Atty. Reg. No. 0076791, 75 North Pioneer Blvd., Springboro,Ohio 45066

Attorney for Defendant-Appellant

DONOVAN, J.

Defendant-appellant Tyrone E. Reid appeals a decision of the Montgomery County

Court of Common Pleas which overruled his motion for leave to file a delayed petition to

THE COURT OF APPEALS OF OHIOevnn^.^r^ ^nnn+......-. ... .............

set aside or vacate judgment and denied his request for an evidentiary hearing on said

motion. The trial court overruled Reid's motions in written decision and entry filed on

February 7, 2006. Reid filed a notice of appeal with this Court on March 1, 2006.

We set forth the history of the case in State v. Reid (November 14, 2003),

Montgomery App. No. 19729, 2003-Ohio-6079 (hereinafter "Reid P'), and repeat herein in

pertinent part:

"On March 25, 2001 Billy Thomas and Cedron Brown were shot to death at 523

Delaware Avenue in the City of Dayton. Dayton police were dispatched around 11:40 p.m.

to 524 Delaware Avenue, where residents there directed the officers across the street to

523 Delaware. The residents of 524 Delaware advised officers that someone left the 523

residence and headed northbound on Linda Vista. Officer Dan Mamula observed

footprints in the snow heading northbound on Linda Vista that led to the alley behind 523

where Billy lay bleeding from gunshot wounds. Billy told Mamula that he was shot four

times, but he did not know who had shot him. Cedron was found dead on a couch in the

living room of the Delaware residence. .

"The residents of 524 Delaware said a possible suspect left the scene in a red

Grand Am automobile. Officer David Matthews participated in the apprehension of this

vehicle. Matthews removed the passenger from the vehicle, Jabree Yates, who stated to

him 'a guy had just shot his friend and that he had taken the gun and, in turn, shot him.'

A gun was recovered from the front passenger side floorboard, and a baggie of crack

cocaine was taken from Jabree's pocket.

"The apartment at 523 Delaware was the residence of Deatra Ragland and Damien

THE COURT OF APPEALS OF OHIOSECOND APPFI.I.ATF TITRTRiCT

3

Adams. Jabree and Cedron were friends of Damien and spent a good deal of time at

Damien's residence. Deatra admitted that thes.e friends, of Damien were in the drug trade,

and sold drugs out of 523 Delaware.

"Damien testified that some guys in a house across the street on Linda Vista sold

drugs, with which Jabree and Cedron had a problem with a couple days prior to this

incident. He also testified that he told the dispatcher in the 911 call that the guys across

the street may be the ones who broke into his house.

"Damien and Deatra leftJabree, Cedron, Billy Thomas and Tyrone in the living room

when they retired to their bedroom earlier in the evening. Damien and Deatra claimed to

be in bed when they suddenly heard a gunshot. The two of them jumped out the bedroom

window and ran to a neighbor's house to call 911.

"Damien estimates that his brother, Robert Essex, had left his apartment

approximately fifteen minutes prior to hearing the gunshot. Essex recalled that he was at

the house between 10:30 and 10:45 p.m. that evening, and stayed approximately 15

minutes. Essextestified that he sawfouryoung men with the person he knewwas Cedron.

Essex claimed to know everyone in the house, except the person he came to know as Billy.

The police report indicated Mr. Essex could give,litHe description of anyone in the house,

most notably Tyrone whom he did not name.

"The key witness for the State was Jabree Yates. Yates testified he was watching

television with Cedron, Billy, and Reid in the living room when he fell asleep. He testified

he awoke when he heard a gunshot. He testified Reid was pointing a gun away from

Cedron and him and then Reid and Billy Thomas rushed him.

"Yates testified that the three scuffled and Reid ordered him to 'give me that shit'

THE COURT OF APPEALS OF OHIO

and he removed what money he had from his pockets and threw the money at Reid. Yates

testified that Reid then gave his gun to Billy, said he'd return, and then left the house

through the front door. Yates testified he then tried to talk Billy out of the gun he was

holding on him. Yates said he struggled with Billy and got it away from him. Yates said

Billy told him he had not shot Cedron. Yates said Tyrone started climbing back into the

apartment through a bedroom window armed with a shotgun. Yates testified he shot at

Reid who disappeared out the window. Yates said he shot at Billy Thomas as he tried to

exit the bedroom window. Thomas collapsed in a nearby yard and died from gunshot

wounds.

"Police recovered a wad of cash on the living room floor where Yates said he threw

it and they also recovered Reid's red and black sweater which- was hanging on the

bedroom window frame and a shotgun just below the window.

"Tyrone Reid and Billy Thomas were first cousins, and Reid called Billy's mother to

tell her that Billy had been shot. Reid met the family at the hospital. Sgt. Gary White of

the Dayton Police Department had arrived, and he testified that Tyrone and his mother

agreed to come downtown for an interview. After having been advised of his rights, Tyrone

told Det. Doyle Burke that he had dropped Billy Thomas off at 523 Delaware and then had

gone on to his girlfriend's house, where he stayed for awhile. Eventually he said he went

back to 523 Delaware, walked past the front door to the open window, where he saw

Jabree Yates holding a gun. He said Yates fired at him but missed, and he left. He

refused to give his girlfriend's,name. He: said he didn't know her address but he thought

he could probably find the house for them, although, he said, that would be futile, since she

was not at home."

THE COURT OF APPEALS OF OHIOOII!`/\Ain A DDC T 1 ATD nTQTDT^T

5

After a jury trial, Reid was ultimately convicted of one count of murder with a firearm

specification and. having a weapon under disability. On January 6, 2003, Reid was

sentenced to prison terms of fifteen (15) years to life on the murder count, and three (3)

years on the firearm specification to be served consecutively to the first count. Reid

received six (6) months for the weapons under disability count to be served concurrently

with the murder count. We subsequently affirmed Reid's conviction and sentence in Reid

/.

On August 9, 2005, Reid filed a motion for leave to file a delayed petition to vacate

the judgment of the trial court and an accompanying request for an evidentiary hearing.

As previously stated, the trial court overruled Reid's motions in a written decision and entry

filed on February 7,. 2006.

The trial court held that Reid's motion forJeave was untimely and that he could not,

satisfy any exception that would justify a late filing. Moreover, the trial court found that the

doctrine of res judicata barred Reid's motion because his "new" claims were ones which

could have been raised on direct appeal. The trial court denied Reid's request for an

evidentiary hearing because the court found that his petition was untimely and the claims

raised were barredby res judicata. The court additionally held that a hearing was not

required because there were "no material issues to be litigated and no factual basis upon

which the petition would be entitled to a hearing." It is from this judgment that Reid now

appeals.

II

Reid's first assignment of error is as follows;

"THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION FOR

THE COURT OF APPEALS OF OHIOCA/"l11.In A DDR T T ATD iITCTDT/`T

LEAVE TO FILE DELAYED PETITION TO SETASIDE OR VACATE JUDGMENT ON THE

BASIS THAT THE MOTION WAS NOT TIMELY FILED."

In his first assignment, Reid argues that the trial court erred when it overruled his

motion for leave to file a delayed petition to vacate the judgment against him on the

grounds that said motion was untimely. Reid does not dispute that his motion is was not

filed in a timely manner pursuant to R.C. § 2953.21(A)(2) which provides in pertinent part:

"Except as otherwise provided in section 2953.23 of the Revised Code, a petition

under division (A)(1) of this section shall be filed no later than one hundred eighty [180]

days after the date on which the trial transcript is filed in the court of appeals in the direct

appeal of the judgment of conviction or adjudication or, if the direct appeal involves a

sentence of death, the date on which the trial transcript is filed in the supreme court. ***"

As noted by the State, the transcript in Reid's direct appeal was filed on February

25, 2003. Thus, Reid had until August 25, 2003, in which to file his petition for post-

conviction relief. Reid filed his petition on August 8, 2005, almost two years outside the

date mandated by statute.

R.C. §,2953.23 prohibits a trial courtfrom entertaining a late petition unless both of

the following provisions apply:

"a. either the petitioner shows that he was unavoidably prevented from discovery of

the facts upon which the petitioner must rely to present the claim for relief; or subsequent

to the period prescribed in [R.C. § 2953.21 (A)(2)] or to the filing of an earlier petition, the

United States Supreme recognized a new federal or state right that applies retroactively

to persons in the petitioner's situation, and the petition asserts a claim based on that right;"

and

THE COURT OF APPEALS OF OHIOSECOND APPELLATE DISTRICT

7

"b. the petitioner shows by clear and convincing evidence that, but for constitutional

error at trial, no reasonable fact finder would have found the petitioner guilty of the offense

of which the petitioner was convicted ***."

In support of his motion for leave to file a delayed petition, Reid argues that he was

unavoidably prevented from discovering the facts that he needed to present his motion

because his appellate attorney refused to turn over his file until February 17, 2005. As the

trial court noted, "the evidence in question includes letters, legal memoranda, checks, bills,

dockets and maps" which defense counsel possessed at trial, as well as portions of the

public record. The trial court held that if Reid had exercised reasonable diligence, he could

have learned of the "new" matters contained in the appellate file. Thus, the court

concluded that Reid was not unavoidably prevented from discovery of the material.

A trial court lacks jurisdiction to.hear an untimely filed petition for post-conviction,

relief if the two conditions of R.C. § 2953.23(A)(1) are not satisfied. State v. Melhado

(February 14, 2006), Franklin App. No. 05AP-272, 2006-Ohio-641: It should be noted that

Reid has made no assertion that the United States Supreme Court has announced any

new state or federal right that would apply retroactively to him. Thus, we need only

address whether Reid affirmatively demonstrated that he was unavoidably prevented from

discovery of the facts upon which he must rely to present a meritorious claim for relief. R.C.

§ 2953.23(A)(1)(a).

Reid contends that he was unavoidably prevented from discovering facts upon

which he must rely in his petition because he was incarcerated, and therefore, unable to

obtain the record and transcript from his appellate counsel in Reid !. Specifically, Reid

argues that once he received the file from his appellate counsel, he became aware of

THE COURT OF APPEALS OF OHIOCRC'l1NTl APPFT T ATP Il7CTPIfT

8

prosecutorial misconduct whereby agents of the State allegedly destroyed a tape of a 911

call he made from Geraldine Jones' residence after the shooting. Other than his assertion

that he made a 911 call after the shooting and that a taped recording of that call exists,

Reid offers no evidence in support of his claim. Additionally, Reid fails to demonstrate how

such a recording (if one exists at all) would aid him in his defense. It is worthy of note that

the only evidence of a 911 call presented at trial was the call made by Geraldine Jones on

the night of the shootings. If such a recording existed, Reid had the ability to discover said

recording and the alleged prosecutorial misconduct at the time of trial.

Reid also sets forth a number of arguments that his counsel was ineffective at the

trial level. First, Reid argues that the record demonstrates that his counsel failed to

represent him at a probable cause hearing in juvenile court. Reid also claims that his

counsel was not present during all parts of the trial. Reid argues that his counsel was

ineffective for failing to call certain eyewitnesses to the shootings that could have provided

exculpatory testimony. Reid asserts that his trial counsel did not serve his best interests

because counsel did not believe in his innocence. Lastly, Reid argues that counsel was

ineffective for failing to consult with him before his counsel made "improper comments to

third parties in an attempt to locate a witness." Since he did not receive the file until well

after his direct appeal, Reid contends that he was unavoidably prevented from discovering

this "new" evidence which supports a claim of ineffective assistance of counsel.

All of the claims regarding ineffective assistance of counsel in his petition are based

on facts and circumstances that occurred, and were known to Reid, before, during, and

immediately after trial. If trial counsel's representation was inadequate, then Reid would

have been aware of the deficiency of counsel's performance at the time of trial with or

THE COURT OF APPEALS OF OHIOQR/`/TTIII ADDDT T ATD 1lTCTDT!`T

9

without access to the materials contained in the file.' Moreover, counsel's decisions with

respect to whether to call certain witnesses amounts to trial strategy. Reid was present

during all phases of his trial, and had knowledge of all of these facts and circumstances

surrounding his claims as they happened during the course of the trial. Thus, Reid could

have raised all of these arguments on direct appeal or in a timely motion for post-conviction

relief. Reid's argument that he was unavoidably prevented from discovering these facts

lacks merit.

Additionally, Reid fails to demonstrate by clear and convincing evidence that, but

forthe asserted constitutional violations at trial, no reasonable factfinder would have found

him guilty of the offenses for which he was convicted. R.C. § 2953.23(A)(1)(b). In his

petition, Reid claims that but for his counsel's ineffective assistance at the trial level, he

would have been acquitted of all charges. However, the evidence Reid submits in support . .,

of this argument fails to demonstrate that counsel's performance fell below an objective

standard of reasonableness. Reid simply cannot satisfy R.C. § 2953.23(A)(1)(a) as

discussed above.

Thus, we conclude that Reid has failed to demonstrate that he was unavoidably

prevented from the discovery of facts upon which he must rely to present a claim for relief.

R.C. § 2953.23(A)(1). Because Reid cannot satisfy the exceptions in R.C. § 2953.23(A),

we overrule his first assignment of errorto the extent he challenges the trial court's finding

that the petition was untimely.

III

In point of fact, Reid did argue on direct appeal that certain of counsel's actionsconcerning cross-examination of witnesses amounted to ineffective assistance.

THE COURT OF APPEALS OF OH1Oecrnnrn n noc r r A Tr nrrrn TrT

10

Reid's second and third assignments of error are as follows:

"THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION FOR

LEAVE TO FILE DELAYED PETITION TO SETASIDE OR VACATE JUDGMENTON THE

BASIS THAT THE CLAIMS RAISED WERE BARRED BY RES JUDICATA."

"THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S REQUEST FOR

A HEARING ON HIS MOTION FOR LEAVE TO FILE DELAYED PETITION TO SET

ASIDE OR VACATE JUDGMENT ON THE BASIS THAT THERE WERE NO FACTUAL

ISSUES TO BE LITIGATED AND NO FACTUAL BASIS ON WHICH DEFENDANT

WOULD BE ENTITLED TO A HEARING."

In light of our ruling with respect to Reid's first assignment of error, it is unnecessary

for us to reach the merits of assignments of error two and three. Said assignments are,

therefore, rendered moot.

IV

Although he is represented by counsel in the instant appeal, Reid filed a pro se brief

in which he mistakenly argues that his appellate counsel's brief only.addressed one of the

two cases implicated in this appeal. A thorough review of the'Fecord in this matter reveals

that Reid's appellate counsel properly addressed both case numbers CA-21499 aswell as

CA-21573 in the brief filed on Reid's behalf. Contrary to Reid's assertions, he is not

entitled to depose witnesses at the appellate level.

V

All of Reid's assignments of error having been overruled or rendered moot, the

judgment of the trial court is affirmed.

THE COURT OF APPEALS OF OHIOSA(Y1NTl APPATTATP TIiQTAV`T

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IN THE COMMON PLEAS COURT OF MONTGOMERY COiJNT"Y, OH1Criminal Division

STATE OF OHIO, : Cage No. 01-CR-4939-

Plaintiff, (Judge David A. Godown)

V. DECISION, ORDER AND ENTRIOVERRULING I)EFENDANT'S

TYRONE REID, : MOTION FOR LEAVE TO FILEDELAYED MOTION FOR NEW

Defendant. TRIAL AND DENYINGDEFENDANT'S REQUEST FOR.EVIDENTIARY HEARING

T6is matter is before the t~oun on Defendant's Motion for Leave to File Delaye

1lvtoti"onfor New Trial fsled on July 14, 2005. The State fited a Memorandum C);pposin,

De_,r"endant :s Motionfor Leave to Seek a New Tr1al on August 5, 2005. Defendant filem

ItepJ!v'Briefto Strate's Motion (?pposing Leuve for New Trial on September 8, 2005.

1. FACTS

On December 2, 2002, Tyrone E. Reid, was convicted by ajury of one count ot

I

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murder and a firearm specification. The Court then convicted the Defendant of havinF

weapon under a disabiliry on Qeccmbcr 23, 2002. Defcndant was sentenced to a tenn

fifteen years to life, consecutive to a three year term, concurrcnt to a term of six montt

January 6, 2001 Defendant appealed and the convictions were afl'trmed. &ate v. Reic

(November 14, 2003), Montgomery App. No. 19729.

II. LAW AND ANALYSIS

Under Crim. lt, 33 an:

[aJpplication for a new trial shall be made by motion which, except for thecause of newly discovered evidence shall be ftied within fourGeen days after theverdict was rendered, ...unless it is made to appear by clear and -convincingproof that ehe defendant was unavoidably prevented from filing his motion fora new trial, in which case the motion shall be tiled within seven days from theorder of the court finding that the defendant was unavoidably prevented fromfiling such motion within the titne provided herein.

Motions for new trial on account of newly discovered evidence shall be filedwithin one hundred twenty days atber the day upon which thc verdict wasrendered...tf it is made to appear by clear and convincing proof that thedefendant was unavoidably prevented from the discovery of the evidence uponwhich he must rely, such motion shall be filed within seven days from an orderof the court lindtng that he was unavoidably prevented from discovering theevidence within the one hundred twenty day period: '

There is no dispute that the Defendant failed to file his Motion for a New'frial 1

either the fourteen day or one hundred twenty day time period required under the statui

Motion for Leave to file a New Trial was filed approximately thirty months after Defei

trial and convictions. Given the untimely nature of the Motion, it is necessary that

Defendant establish by clear and convincing evidence that he was unavoidably prevent

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from filing his motion or from discovering new evidence. Defcndant's Motion for a N

Trial may not be considered until the Court decides the Defendant's motion for teave t•

motion for new trial, and makes a finding of unavoidable delay'.

A pemon ist

"'unavoidably prevented' from ftling a motion for a new trial ifthe party hadno knowledge of the existence of the evidence or grounds supporting themotion for a new triai, and could not have learned of the matters concernedwithin the time provided. by Crim,R. 33(B), in the exercise of reasonablediligenee.`

The Defendant argues that he was unavoidably prevented from discovering the

evidence that he needed for a new trial because his appellate counsel failed to return hi

until February 17, 2005. The evidence that the Defendant cites as supporting his elaiir.

(police rveports, the transcript and notes) is nol "ktewly discovered". 1he "evidence" in

notes from counsel's file, discovery that defense counsel possessed at trial and portion:

public record. The Defendant clearly could have teamed of the matten contained in tt

"evideuce" if he had exerciscd the rea.sonable diligence that is required. The fact that i

Defendant did not have possession of the documents does not make them newly discoN

nor does it mean that he was unavoidably prevented from discovering the evidence. T

Defendant had the ability to discover the alleged prosecutorial misconduct which supp

t. State v. Kiraly (1977), 56 Ohio App.2d 37, 55-56. See also Slate v. York (Feb. 18, :Greene App. No. 99CA54.

2. State v. Warwick (]uly 19, 2002), Champaign App. No. 01CA33, aiting State v. Ma(1999), 134 Ohio App.3d 77, 79.

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T

took place at trial, as well as the conflicting witness testirllony that he complains ot^.

'Fherefore, the Defendant was not unavoidably prevented fram filing his motion for a r

trial.

Defendant requests that he be granted a hearing on his motion. Although a heai

can be granted when a defendant fi(es a motion for leave to file a motion for a new tria

hearing is not automatically required. The defemdant must submit documents, which c

face, support his claim that he was unavoidably prevented from timely discovery of thi

evidence°. The Defendant submitted an affidavit which states that he was unavoidabi)

prevented from filing a motion for new trial because his appellate counsel did not turn

his file until February l 7, 2005, but as has already been demonstrated, ahe fact that the

Uefendant did. not obtain informatiDn that was in the possession of his legal counsel is

reason to find that he was unavoidably delayed from filing his motion for a new trial,

the circumstances, the Defendant is not entitled to a hearing on his motion.

III. CONCLUSION

Defendant has not established by clear and eonvincing evidence that he was

unavoidably prevented from discovering the evidence presented in his Motion for a Ni

Trial. Therefore, Defendant's Motion far Leave to 1'ile Delayed Motion for New trial

3. See Stote v. Murr (.December 9, 1988), Ottawa App. No. T-88-34 (holding that ade#endant who does not have knowlcdge of what transpircd during portions of the tria:not unavoidably prevented from discovering the evidence until he had a transcript)

4. S'tat¢ v. Wright (1990), 67 Ohio App.3d 827, 828. See also Ohio v. York (February2080), Greene App. No. 99-CA-54.

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DENIED. The Defendant's request for a hearing is also DENIED.

Sab'O.l Vl!

Copies of this Decision, Order and Entry were furwarded to all parties listed be

ordinary mail this filing date.

CARLEY J.INGRAMASSISTANT PROSECUTING ATTORNEX301 WEST THIRD STREET, FIFTH FLOORP.O. BOX 972DAYTON, OH 45422(937)225-5757At€orney far Plaintiff

TYRONE REID, #438-902c/u WARREN CORRECTIONAL INSTITUTIONP.O BOX 120LEB/t.NON, OH 45036Defendant, Pro Se

CASEFLOW SERVICES

AMES RUSSELL, Railiff(937) 225-4416

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CESy

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OIiICriminel Division

STATE OF OFIIO, Case No. 91-CR-2839

Plaintiff, (Judge David A. Godown)

v. ; DECISION, ORDER AND EN`I'RYOVERRULING DEFENDANT'S

TYRONE RETll, MO'1'IOP+T FOR LEAVE TO I?tLEDELAYED FE'TITION TO SET Ak

Defendant. OR VACA`I'E JUDGMENT ANDDENYING DEFENDANT'S REQLFOR AN EVIDE1V'I'IARY IIEARIP

"I'his matter is before the Court on Dcfendant's Motfon far Leave to File Delaye

Petition to Set Aside or Vacate J'udgment filed on August 4, 2tf0S. The State filed a M

ta Dismiss on Septersn ber 12, 2005. Defendant. filed a Response to Stnte's Motion to D

on September 23, 2005.

I. FACTS

A summary of the evidence that fed to Defendant's conviction for the murder o:

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Cedron Brown is outiined tn State v. Retc! (Novcmber 14, 2003), Mnntgomery App. Nc

19729; it will not be repeated here.

On Dee+ember 2, 2002, Tyrone U. lteid, was convicted by a jury of one count of

murder and a firearm spccification. 'fhe Court then convicted the Defendant ttff having

weapon under a disability on December 23, 2002. Defendant was sentenced to a terna ^

f•iftee.n years to life, consecutive to a three year term, concurrent with a term of six mor

on January 6, 2003. Defendant appealed and tlte convictions were affiimed. State v. R

(Nove3talber 14,2003), Montgomery App. A1o. 19729.

11. LAW AND ANALYSIS

The post-conviction relief pracess provides a collateral civil action on a crimina

judgment; it is not an appeal of the judgrnetit'. "It is a means to reach constitutional is=.

which would otherwise be impossible to reach because the evidence supporting those i

is not contained in the trial court record.x" Post-conviction review is not a constitution

right, but rather, is a narrow remedy that affords a petitioner no rights beyond those gr

by statute.

The post-eonvictinn relief requested in this case is controlled by R.C. 2953.21(1

which provides that any person convicted of a criminal offense claiming denial or

1 S1ate v. Steffen (1994), 70 Ohio 3t.3d 399, 410.

State v. Murphy (Dec. 26, 2000), Franklin App. No. OOAP-233.

&ate v. Calhoun (1999),86 Ohio St.3d 279, 281.

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infringernent of his or her rights rendering that judgment either void or voidable under

Ohio Constitution or the United States Constitution may file a petition in the sentencity

which states the grounds for relief and which asks the court to vacato or set aside the

judgment. and sentence.

A. A nfotiQn founast conviotion relie! mttst be filed within one hundred $ndWl+rv daf+m thg date when the trial transcrint is filed with the CourtAnneals unless certain excentions arcproven by clear and convin^

R.G. 2953.2 1 (A)(2) provides that a petition for post-conviction relief shall be fil

no later tlwn oue hundred eighty days after the date on which the trial transhript is filed

court of appcals in the direct appeal of the conviction..." Defendant filed a notice of aF

conviction and sentenee and the transcript was filed on. February 25; 2003. Mr. I

should have filed his request for post-conviction relief no later than August 25, 2003.

In limited circumstances, however, a court may entertain a motion which was n+

in a timely manner. R.C. 2353.23(A) states that: "[wJhether a hearing is or is not held

petition filed pursuant to section 2953.21 of the Revised Code, a court may not enterta:

petition filed after the expiration of the period described in division (A) of that section

second petition or successive petitions for similar relief on behalf of a petitioner unless

division (A)(1) or (2) of this section applies: (1) Both of the following apply: (a) ...the

petitioner shows that the petitioner was unavoidably prevented from discove

upon whicb the petitioner must rely to present the claim for n lief....(b) The petitioner =

by clear and convincing evidence that, but for the constitutional error at trial, no reasoi

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ct fmder would have found the petitioner guilty of the oft'cnse of which the petitioner

cdnvicted.. "

bly prevented from discowhirh he must relv in order to ppmsenU clail[I foc relieft

Mr.lteid argucs that he was unavoidably prevented from discovering the faots tl

needed to present his motion because his appellate xttomey refused to turn over his file

ruary 17, 241f15. The evidence in question includes lettcrs, legal memorancU, check:

bills, dockets and maps wbich were parts of counsel's file, discovery that defense coun

possessed at trial and portions of the public record. The Defendant could have learned

tters contained in this "evidence" if he had exercised reasonable diligence. The facl

did not have possession of the documents does not mean that he was unavoidably

prevented iton discovering them. '1'he Defendant had the ability to discover the atlegc

prosecutorial misconduct, as well as the misconduct of his own attorney. Therefore, th

L?efendant was not unavoidably prevented from discoverittg facts upon wl►ich he must

order to present a claim for relief.

2. ('an Mr. Reid estahlish by etear, atui covincinp evidence that, butthe constitutional error at trial no Wasonable fact :finder would^found im guil at^t trial?

h4r. Reid also argues that, but for the constitutional error at trial, no reasonable

finder would have found him guilty at trial of the offense he was convicted. Mr. Reid'

arguments do not support this conclusion.

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a. Dpstruction of 911 tane

Mr. Reid first complains that tlre state destrayed a 911 tape that he made from

Geraldine Jones' house after the shooting. Mr. Reid offers no evidenoe to support the

existeuce ofthe tape. Further, he does not explain how the contents of the telephone ct

would demonstrate his innocence if the existence of such a tape were proven. Generalt;

defendant bears the burden to prove that the evidence was materially exculpatory^.

Therefore, Mr. Reid has failed in three regards: he has failed to establish the existence

tape, he has failed to demonstrate that the tape was destroyed, and he has failed to shov

the evidence would exculpate him if such evidence exi.sted.

b. Iueffectiue assistan e of couttsel.

Mr. Reid then argues (1) that his trial counsel failed to represent him at the prot

cause hearing and during othcr portions of the trial; (2) that his trial counsel failed to c

certain witnesses to testify at trial•, (3) that his trial counsel failed consult with him lea

a poor understanding of the case; and (4) that his trial counsel used improper methods

order to attempt to get in contact with a witness..

These arguments essentially involve ineffective assistance of counsel. In order

prevail on a claim ofineffective a.ssistance of counsel, the defendant must satisfy a tw

' State v. Jackson (1991), 57 Ohio St.3d 29, 33.

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test'. The defendant must present evidence that counsel's performance was "deficient'°

fell below an objective standard of reasonable:nessb. The defendant tmtst also show tlr,

deficiency prejudiced the defense so seriously that the defendant was deprived of a fait

t?efendant bears "the initial burden to subtnit evidentiary doauments containing suffsci

operative facts to dcmonstrate the lack of competent counsel and that the defense was

prejudiced by counsel's ineffectiveness

A prCSperly licensed nttorney is presunred cotzgpetent'. Moreover, trial counsel r

allowed wide latitude in making tactical decisionsPO. "Judicial scrutiny of counsel's

perfomiance must be higbly deferential."" The standard for reviewing trial counsel's

assistancc does not allow for "general concluscry allegations" of ineffective counsel b;

petitioner witbout any further cvidence to support these allegatr'ons.""

Mr. Reid offs;rs no evidence in support of his argument that his counsel was not

State v. Cole, 2 Ohio St.3d at 112; SYrickfand v. Washington (1983), 466 U.S.

668,

a Strickland v. li'ashington, 466 U.S. at 687.

' ld.

" State v. Jackson (1980), 64Ohio St.2d 107.

State v. Jackson, 64 Ohio St.2d at 111.

Stricktand v. Washtngtan, 466 U.S. at 689.

/d, at 687.

" State v. Jnckson, 64 Ohio St.2d at 111.

6

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..+...+•g........) ..........^, vaaa^ vvwaua^.u aw,.uaaa^.,u t asl. 0 vl lf.

present at the probable cause hcaring or at other hearings. The record from the Court Q

does not include a transcript of the juvenile proceeding) fails to demonstrate whether lv

Reid's counsel was present at the probable cause hearing, and the bill provided fram. M

Reid's counsel suggests that his counsel was present at the probable cause hearing.

Additioru►lly, if Mr. Reid's legal counsel was not present at the probable cause hearing

other portions afthe trial, Mr. Reid would have known at the time and could ha

raised that argument in a timely manner. Finally, there is no evidence to suggest that I

lteid was harmed by his absence even if his allegations are true.

Although Mr. Reid makes other contentions regarding his counsel's shortcomin

none of those arguments qualify as ineffective assistance of counsel. For example, the

decision regarding whether to call witnesses at trial is a mattor of trial strategy'3. Ther

strong presumption that counsel's decision not to call certain witnesses is a matternf ti

strategy and, therefore, is not ineffective`. The alleged failure of Mr. Reid's trial eour

call certain witnesses to testify is nat a reason for this court to change the outcome of t

case. Additionally, Mr. Reid did not file an affidavit of these witnesses in order to

demonstrate that their testimony would have changed the outcome of the trial.

With regard to trial counsel's alleged failure to consult with his client and his al

improper comments to a third party in an attempt to find a witness, the Court finds tha

11

N

State v. 5eokttrnn (April 8, 1993), Cuyahoga App. No. 62298.

State v. Sailie ( 1998), 81 Ohio St.3d 673, 674-675.

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1 CLsV / V. 1L

are information that Mr. Reid knew in time, and therefore could have use to make a tim

rnotion for post-conviction relief, Furthermore, there is no evidence to establish that a

change in the behavior of counsef would have ehanged the outcome of the trial.

B. Res,judicata

Even if a petitioner can satisfy the requirement for post-conviction relief set out

R.C. 2953.21, the doctnine of res judicata may bar a petitioner's claims for relief. Undt

doctrine of res judicata, a defendant who was represented by counsel is baned from rai,

an issue in a petition for post conviction relief if the defendant raised or could have rai€

issue at trial or on direct appeal15. A trial court may dismiss a petition for post convict

relief without holding an evidentiary hearing when the claims raised in the petition are

by the doctrine of res judicata14.

Ites judicata does not, however, bar claims for post conviction reliefwhen the

petitioner presents evidence outside the rccord that was not in existence and was not

available to the petitioner in time to suppott a direct appeal,'. The evidencc submitted

outside the recard must be competent, relevant, and material to the issuc at hand's.

"Gonerally, the introduction of evidenee dchors the record of ineffective assista,

11 SYate v. Szefeyk (1996), 77 Ohio St. 3d 93, syllabus.

16 State v. Szefcyk, 77 Ohio St.3d 93.

State v. Cale (1982), 2.4hio St. 3d 112, 114.

State v. Latvson (1995), 103 Ohio App.3d 307, 315.

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lar,G 1V V11G

counsel is sufficient, if not to mandate a hearing, at least to avoid the dismimi on the t

of res judicata.`"" An ineffective assistance of counsel claim, however, may be dismis,

res j udicata where the petitioner was represented by new counsel on direct appeal, that

eounset failed to raise the issue of trial counsel'x incotnpetence, and the issue could fai

have been determined without evidence outside the reeord. Id.

Mr. Reid was represented by new counsel on direct appeal. While the petitionei

new counsel on appeal raised the issue of ineffective assistance of counsel with regard

proper questioning of witncsses at trial, he did not raise the isaue of ineffective assistat

counsel with regard to the alleged failure to produce certain witnesses or evidence orv

rcgard to the failure of his aitorney to properly inform him about the nature of the case

Those issues could have been determined without evidence outside the record,

Additionally, this is not a case where Mr. Reid presented evidence outside the n

that was not available at the time of trial or on appcal. In fact, a portion of Mr. Reid's

is that all the evidence was available at the time of trial and that his trial counsel was

ineffective for not.using it. This allegation "could fairly have been determined. [on din

appeal] without evidence outside the reoord.z0" 7'he petitioner's claim is barred by the

doetrinc of res judicata.

'g State v. Cole, 2 Ohio St.3d at 114.

20Cd.

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L.1V1144^.'Vl VL^' ^V4411L^'^ V111V - VL.41L11MLL LL14UL11L.11L 16YU,L. 1L L111L

C. Hrina

Although R.C. 2953.21 allows a defendant to request an evidentiary hearing whe

filing a petition for post-conviction relief, a hearing is not automatically required27. Th

court must conduct an initial review of the record to determine whether to hold an

evidentiary hearing. "Before granting a hearing, the court shall determine whether ther

substantive grounds for relief. In making such a deterntinatioan, the oourt sltall consider

addition to the petition and supplement>il affidavit, ali. the files and records pertaining tc

proceedings against the petitioner, including but not limited to; the indictment, the cour

joutn,al entries, the jourualired records of the clerk of court, and the court reparter's

transcript." R.C. 2953.21(C). The trial court need not hold a hearing if the petition, fit

records ofthe cm demonstrate that the petitioner is not entitled to reiliei: R.C. 2953.2's

The petition can be dismissed without a hearing sinee it is untimeiy and the claii

raised are barred by res judicata='. Even if that were not the case, no hearing is requir<

since there are no rreaterlal issues to be litigated and no factual basis on which the petiti

would be entitled to a heating.

Itt. CONCLUSION

Defendant's Motion for Leavc to p'ile Delayed Petition to Set Aside or Vacate

Judgment is DENIED, The Stttle's Motion to Distniss is GRANTEi). The Defendant'

21 Srate v. Jackson, 64 Ohio St. at 110.

'= State v. Sxefc3+k, 77 Ohio St.3d at 93.

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request for a hearing is also DENiED.

DAVID A. (30pOWN, JUDGE

Copies of this Decision, Order and Entry were forwarded to all parties listed belt

ordinar,y mail this filing d,at:e.

CARLEY 1. INGRAMASSISTANT PROSECUTING A'TTORNEY301 WEST THIRD STREET, FIFTH FLOORP.4?. EQX 972DAYTON, OH 45422(937)225-5757Attdrney for PiairttltY

TYRONE REID, l1438-902c!o WARREN CORRECTIONAL !I'dS'I'ITU'I'IONP.D BOX 120LEBANON, OH 45036R.efendant, Pro Se

CASEFLOW SERVICES

JAMES RUSSELL, Bailiff (937) 225-4416

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^Xh^b,tlrl

Pt^2091 FE8 2l

S^u;R^s.,.C•^ F ^i^ERV CO., 0'`UO

^^l0ta °

STATE OF OHIO,

Plaintiff-Appellee,

V.

TYRONE REID,

Defendant-Appellant.

IN THE COURT OF APPEALS OF OHIOSECOND APPELLATE DISTRICT

MONTGOMERY COUNTY

Appellate Case No. CA 21499CA 21573

Trial Case No. 01-CR-1371

AMENDED DECISION AND ENTRYFebruary ^2'7 , 2007

PER CURIAM:

On February 8, 2007, Marshall Lachman, appointed counsel for Appellant, Tyrone

Reid, filed a motion requesting to withdraw as counsel of record from the above-captioned

cases. On February 12, 2007, Reid filed a pro se motion requesting to have his Lachman

removed and to proceed in his appeal pro se. Review of both motions indicates that this

conflict has arisen due to a difference of opinion in how to proceed with this appeal. However;

it is this Court's policy to defer to the professional judgment.of appointed counsel in matters

concerning how to proceed with an appeal. Furthermore, this matter has been fully briefed

and is already set for oral argument on March 13, 2007, at 9:30 a.m. Accordingly, both

motions requesting that attorney Marshall Lachman be removed as counsel of record are

OVERRULED.

THE COURT OF APPEALS OF OHIOSECOND APPELLATE DISTRICT

Kx'h;b; }A^iP9. 9,°YL

-Z-

Additionally, on May 31, 2006, Tyrone Reid filed a pro se brief, despite already

being represented by counsel. It is also this Court's policy not to accept pro se filings when

an Appellant is represented by counsel. Accordingly, Reid's pro se brief filed on May 31,

2006, is hereby STRICKEN from the reco[d', .

SO ORDERED.

Copies mailed to:

Carley IngramJohnna M. Shia301 W. Third Street5`" Fl.Dayton, Ohio 45422

Tyrone Reid#A438-902Lebanon Correctional InstitutionP.O. Box 56Lebanon, Ohio 45036

CJ37G

WILLIAM H. WOLFF, JR., Judge^4z^J -74

MIKE FAIN, Judge

Marshall G. Lachman75 N. Pioneer Blvd.Springboro, Ohio 45066

THE COURT OF APPEALS OF OHIOSECOND APPELLATE DISTRICT

r._x r i it11T~K'e"portions of the public record. The trial court held that if Reid had exercised reasonable diligence, he could havelearned of the "new" matters contained in the appellate file. Thus, the court concluded that Reid was notunavoidably prevented from discovery of the material.{¶ 25) A trial court lacks jurisdiction to hear an untimely filed petition for post-conviction relief if the twoconditions of R.C. 6 2953 23(A)(11 are not satisfied. State v. Melhado ( February 14. 2006). Franklin App No .05AP-272, 2006-Ohio-641. It should be noted that Reid has made no assertion that the United States SupremeCourt has announced any new state or federal right that would apply retroactively to him. Thus, we need onlyaddress whether Reid affirmatively demonstrated that he was unavoidably prevented from discovery of the factsupon which he must rely to present a meritorious claim for relief. R,C. 6 2953.23(A)(1)(a).(¶ 26) Reid contends that he was unavoidably prevented from discovering facts upon which he must rely in hispetition because he was incarcerated, and therefore, unable to obtain the record and transcript from hisappellate counsel In Reid I. Specifically, Reid argues that once he received the file from his appellate counsel, hebecame aware of prosecutorial misconduct whereby agents of the State allegedly destroyed a tape of a 911 callhe made from Geraldine Jones' residence after the shooting. Other than his assertion that he made a 911 callafter the shooting and that a taped recording of that call exists, Reid offers no evidence in support of his ciaim.Additionally, Reid falls to demonstrate how such a recording (if one exists at all) would aid him in his defense. Itis worthy of note that the only evidence of a 911 call presented at trial was the call made by Geraldine Jones onthe night of the shootings. If such a recording existed, Reid had the ability to discover said recording and thealleged prosecutorial misconduct at the time of trial.{¶ 27} Reid also sets forth a number of arguments that his counsel was ineffective at the trial level. First, Reidargues that the record demonstrates that his counsel falied to represent him at a probable cause hearing injuveniie court. Reid also claims that his counsel was not present during all parts of the trial. Reid argues that hiscounsel was ineffective for failing to call certain eyewitnesses to the shootings that could have providedekculpatory testlmony. Reid asserts that his trial counsel did not serve his best Interests because counsel didnot belleve In his innocence. Lastly, Reid argues that counsel was ineffective for failing to consult with himbefore his counsel made "Improper comments to third parties in an attempt to locate a witness." Since he didno.t receive the flle until well after his direct appeal, Reid contends that he was unavoidably prevented.fromdiscovering this "new" evidence whlch supports a cialm of ineffective assistance of counsel.*5 {¶ 28} All of the claims regarding ineffective assistance of counsel in his petition are.based on facts andcircumstances that occurred, and were known to Reid, before, during, and immediately after trial. If trialcounsel's representation was inadequate, then Reid would have been aware of the deficiency of counsel'sperformance at the time of trial with or without access to the materials contained in the file. FN1 Moreover,counsel's decisions with respect to whether to call certain witnesses amounts to trial strategy. Reid was presentduring all phases of his trial, and had knowledge of all of these facts and circumstances surrounding his claimsas they happened during the course of the trial. Thus, Reid could have raised all of these arguments on directappeal or in a timely motlon for post-conviction relief. Reid's argument that he was unavoidably prevented fromdiscovering these facts lacks merit.

FN1. In point of fact, Reid did argue on direct appeal that certain of counsel's actions concerning cross-examination of witnesses amounted to ineffective assistance.

{¶ 291 Addltionally, Reid fails to demonstrate by clear and convincing evidence that, but for the assertedconstltutional violations at trlal, no reasonable factfinder would have found him guilty of the offenses for whichhe was convicted. R.C. 6 2953.23(A)(1)(b). In his petition, Reid claims that but for his counsel's ineffectiveassistance at the trial level, he would have been acquitted of all charges. However, the evidence Reid submits insupport of this argument fails to demonstrate that counsel's performance fell below an objective standard ofreasonableness. Reid simply cannot satisfy R.C. 6 2953.23(A)(1)(a) as discussed above.{¶ 30) Thus, we conclude that Reid has failed to demonstrate that he was unavoidably prevented from thediscovery of facts upon which he must rely to present a claim for relief, R.C. 6 2953.23(A (11. Because Reidcannot satisfy the exceptions in R.C. 6 2953.23(A), we overrule his first assignment of error to the extent hechallenges the trlal court's finding that the petition was untimely.

III{¶ 311 Reid's second and third assignments of error are as follows;{¶ 32) "THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION FOR LEAVE TO FILE DELAYEDPETTRON TO SET ASIDE OR VACATE JUDGMENT ON THE BASIS THAT THE CLAIMS RAISED WERE BARRED BYRES JUDICATA."{¶ 331 "THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S REQUEST FOR A HEARING ON HIS MOTIONFOR LEAVE TO FILE DELAYED PETI'RON TO SET ASIDE OR VACATE JUDGMENT ON THE BASIS THAT THEREWERE NO FACTUAL ISSUES TO BE LITIGATED AND NO FACTUAL BASIS ON WHICH DEFENDANT WOULD BEENTITLED TO A HEARING."

_'}G1U(: qCJ i_l.Y ur,/r I

NOTE: @ 11:39 PM- officers were dispatched to 523 Delaware on report of a Breaking andEntering from an identified caller "Damia Adams 279-9433" This isDcrnzion Atlanistelephone number

"Complainant state that someone broke into her house, started shooting. She has twofriends staying there. She heard them arguing with two males. Possible injuriessomeone was crying, several shots fired.

ItICKY RAKESTRAW (b/m/17)- was at 524 Delaware- was watching TV @ 11:30 PM, heard five or six gunshots- cousin, Jaron Russel, told him he saw a dude run out of the house with a gun- there was a dude at the corner by the fire hydrant with his hands in the air with a gunin his right hand- at the same time, a guy in the black came out of the house and dude withthe gun looked at him and walked towards Salem- the dude who came out of the house fell down- the man with the gun talked to a man in ared Grand Am and got into the red Grand Am and drove toward N. Main St.- the red Grand Am caine back about 1 minute later, it was the same car because ofdamage to the driver side front. Mycousin said therewas someone on the couch shot

LASONi)RA SPIDEL and NETTIE SPIDEL- Nettie Spidel had no information- Lasondra heard about five shots, her son came and got her and she saw someone slunipedover inside of the apartment

ROBERT ESSEX (b/m/28)=@ 7:00 PM, he got into Dayton from Cincinnati the went out to eat. He went to hisbrother's place at 523 Delaware @ 10-10:30 PM and knocked at the door- A dark skinned b/m with braids with a white T-shirt, medium build @ 5'6" answered thedoor- asked for his brother Damion, the dark skinned man said "He's in the bedroom."-RYberhvirent to the bedroom where he saw his brother and his girlfriend in bed watching TV- he asked Damion, "What's going on about the car?" He said, "Tomorrow I will give youhalf." Robert told him he was going back to Cincinnati in the morning.- 45 minutes later, Robert received a page from his brother "91 l."- Robert called his brother, his brother said, "Someone done ran in my house." He said heheard someone in the other room say, "Why are you doing me like this?" Then he heard ashot- his brother said he pushed his girlfriend out the window and jumped out also

- Robert said: @ 10:30 PM:1) "Quadron" was sitting on the couch

FfiCT i3'I'I'hTESSES-froni Police Report

TYRONE REII2 (CLIENT)- first interview with the police- dropped William Thomas off at the Delaware apartment- went to a girlfriend's house- came back to the Delaware apartment- looked in through the side window, saw Jabree with a gun- Jabree fired a shot at Tyrone through the window-.Tyrone left to an undisclosed location

JARON RUSSEL (b/m114)was at 524 Delaware@ 11:30 PM heard five or six gunshots, sounded the same as far as noise-they were in a

couple of seconds, as if they were shooting at the same person.- they stopped and began shooting at another person- (man #1) saw a man walk out of the apartment building, walk west then back east to thestop sign- a car pulled up, aTed Grand Am, wrecked on the driver side- the person was talking to the driver for twenty seconds- he got into the car and the car pulled off- (man #2) saw a guy standing at the same front door who walked to the sidewalk and felldown for a minute by the pole, got back up, left something that looked like a pistol on thegrouud-he wallced back around the apartment building to the north, fell down again, got upand disappeared behind the apartment building.

- (man #3) then noticed a man at 523 Delaware through the front door, laying partially on thecouch and the rest of his body on the floor- Jaron can identify the person who he saw outside with the gun in his hand on thesidewalk talking to the woman in the red car

DAMON ADAMS- initially, he puts himself, Cedron Brown, Jabree Yates at 523 Delaware- next, Tyrone and Billy atopped by- all playing Playstation-1ZcsbertEssex stopped by and left- Damin went in his bedroom with Deidre Ra.gIind, dozed off and heard a gunshot- peaked out his bedroom door and saw a gun, a big blacl: and red puffy coat ran acrossthe living room toward the kitchen- heard Jabree say, "What are you doing?"- heard fighting and wrestling and anof.her shot- Daniin and Deidre got out the window, started running toward Fountain, heard four or fivenlore shots

- saw tall dark skinned black male w/ long brown coat on corner of Fountain and LindaVista- ran to a porch on Fountain.

kT,^T:V

:RPT N0: .0103250636 DAYT'D^P; - DETECTIVE INCIDENT A_,rORT DATE: 03./29/2001

j^ E•^en&4^

=;CO'MPL.E'T.ING THE INTITIAL SCE•NE INVESTIGATION. I SPOKE BRIEFLY WI'1'H SGT WHITE`':HOURS, AND I CONTACTED SGT GARYWHITE AND DET MARK SALYER WHO WEREFUR'THER POTENTIAL WITNESSES WERE AT THE SAFETY BUILDING. I WENT" 3;01'AT 0030'

BY SGT WAYNE SCOTT IN DISPATCHED TO 523 DELAWARE ON A SHOOTING LJITH.MULTIPLE VICTIMS. I WAS TOLD THAT THERE WAS AT LEAST ONE INDIVIDUAL DEAD ATT:HE.SCENE, AND SECOND SUBJECT HAD BEEN REMOVED T'0 GOOD SAM HOS'PITAL.'

,.+AND::WAS•DIRECTED TO THE SAFETYSUILDING...

WITH A N ADD.RE5S A;f 10S6;i^CHER'RY;; APT^ 7 MS DEWS STATED THAT SHE .WASDEWS '.S,HE WAS LATE'R bETERMINfD 1v. BE"DA'NETTE DEWS AND•,D'0B="I:INI:TIALLY SPOKE 10 A BLA.QK fE:M+A•LE, ; WHO ',IDENTIED HERSELF AS DE NI'S'E <C.UPO.N ARRIVAL AT THE SAFETY BUI'LDING, I CQORDINATED-..WITH DET A D BUAKE, AND

DAIERtiaD'N SUPER'IDR, AND .WH.E.'(kI4A.TtAiNb'14 sJZS'f!'A AND :.DELAWARE SHE WAS FL•A.GGED 'D'DWNMD14U.6'HTER'S HOUSEON. WJ+$ASNktNEA^ nfiR7RVSE'aJ, A.Nb SHE SAID SHE WAS DRI.VINO:HQME

ORi^3YN0 HER .DAUGHTER'S REDi PY1NT.11A'`-GRAND AM•, '4iND SHE HAD JUST L EFT. HER`

MEESRIS":YATES (AND 7+Hr^sT".S ^^^'tIALLY sJ^FiBRE:E YATES ) MS .DEWES STATED

. i4f^tAWN imAT THAT POINT .JAEtREE^JUMP5h INTO `MY CAR. HE'S HOLDING A H ANDGUN :•#iE

«^T$^f'EE" :AND HE.CONT.TNUES T0 5f5Y ^E"l GDT. SHA7...,.KEE'S REAL NAME IS.KEEJRD'N."}FfOLD1NG A HANDCUN AND HE".H•AD ND^^7^4T'ON ,•HE. YELLS AT ME AND SA'Y:S M5 DE41S

!4uE d°K'NOWN HIN SINC•E HE W14b (A}k^D THRDUAH : HIS DAD, ROBERT YAT•E S HE WAS::

S'AYS ':T'AK-E ME TTI THE "POLICE'-s{STfiTT9ff'N I DRYVE.; TRIED 'T0 GET ONTO SAL;EM, -BUT-fTEUSE OF THE GATES AND THE DEAD' D S RE 'F SI GET' T'URNED ALL AREN T E : OU:ND.:SVENTUALLYWHILE DRIVING :D!EBRIS;.:SAID THEBOY::WITH BRAIDS SHOT KEE;:.WE AQDOWN SALEM HEADED TOWARDS 'THE -RQ:LICE STATE AND THE POLICE STOPPED US .<MS.DEWS ALSO REVIEWED AND S'.IGNE-0 A.':CONSENT"TO SEARCH REFERENCE THE P.ON.TIAC..."GRAND ANTHAT SHE WAS DRIVING,^CFJ-6277. THAT VEHICLE'S REGISTEREDIN TH.E..NAME OF RASHANNA LOWRY, B/F/20..I THEN CONTACTED DAMIN ADAMS. MR ADAMS GAVE ME THE FOLLOWING ST ATEMENT."ME, MYSELF, DAMIN ADAMS, KEEJ.OHN BROWN AND JABAR YATES WERE AT THE HOUSE.(HE'S INDICATING 528 DE.LAWAf?E.)..THEN TYRONE AND BIL.LY STOPPED BY. WE WERE

YA1..L, qND, THAT'S TYRONE REED•j :WERE.ALL SITTI.NG AROUND PLAYING PLAYSTAI`ION..^"1H1fN::iMX:.. BROTHE•R, ::%RDbERT E^j.E^ *S^p:PS EtY; Aitfl'.:d^1'tHEN HE LEAVES. ME A N-D,a7D.EIDREi

AG'LSN.Dh GO IN 'THE?;.BEDRAO:M.{np;2A^,^E, nF^;.a?I'%ND ^T;,FIEAR AGUNSHOT. I OPEtN."TH'E'`'DaFE,^S' 6EE (HE SfiY5 -HE JUAE L7^x^aLEu'ET) I SEE A GUN IN ESI0;vF^^AC1f^'?;:;

` ' "^E;D CGATPU,FFPY;>L DAT RU ' r SOWARDS THE K^STC}1N A'ND(gH s'EN^7 R0 9M. ,..^ ^1+7,.H'EAR FTANTTNC ANII L4R;P>..'T.i'•Td.YG:^ .ABREE>N,.I'J.HAT.,.4R • i

ATHEJiHO^[ #W'E ,GDT A' TNt704( iDESDR,E. I HEAR.D.fO;UR OR F^^E ^1DRE :.'',^N 8 . L:: ' • . . . . - ^ '. fi ^' . . o.. ^ :

a^iAYA1ZK5^KINNED,-IN A:'LONG BFt#^17N^ sT.AND.'2iNG :BY FOUNl"'AIN AND =LINDA =WIbTA'.. HE041DTS AND WE. RUNS tf:OWARUS-N' I SE:Fx^A 6LACK MA E ON THE CDR7^E'R TA'LI

^6 ^?'ARING AT U5 WE RUN T^y^t ,y CH ON ,'RDUNTIN AVENUE. WITH THIS'INf9•RMATION DET BURKE AND I C`ON ALTED JAiHREE. YATES: BECAUSE OF fHE NA.TURE'

iDF T.HEINVESTIGATION I ELE:CTED.T^d.:ADVIS:E •.JABREE YATES OF HIS CONSTITUTIONALiRIAHTS. I NDTETHE DATE 0'8/2fi/^YyA;;:TTME 2:40 A.M. AND PLACE CPS, ANDWE WEREIN; THE FIRST.INTE.RVIEW RDO'M B^ ^,=TtH.E JAIL-:-E.L:EV.ATOR. I NOTED THATJABREE•'.5.FULl NAME IS JABREE YATES^ :,DO$ADDRESS 2377 RUSI"IC R,OAD., WYT.H,

PHO'N.E OF 276-3378. I TOLD FIIM"YDU:ARE 'BEINGINTERV.IEWED IN REGAF2D5 TO THEC•RIME OF MURDER. BEFORE WE ,ASKaANY QUESTIONS YOU MUST UNDERSTAND YOURRIGHTS. I THEN READ NO. 1 OUT;LOUD TO JABREE YATES, AND I ASKED HIM IF T'HEUNDERSTOOD IT. HE VERBALLY ACK'NDWLEDGED YES, AND THEN INITIALLED THERIGHTS. RIGHTS 2, 3, 4 ANU 5 WERE CONDUCTED IN THE SAME MANNER. IREAD EACHRIGHT. YATES SAID HE UNDERSTOOD IT, AND INITIALLED THE RIGHT. YATES THENREAD THE WAIVER OF RIGH7S OUl" LOUD TO ME, SAID HE UNDERSTOOD IT, ANDCOMPLETED 9 YEARS OF SCHOOLING A COLONEL WHITE. HE ALSO INITIALLED IT'.

iRl'1 I\Ui V1VlGVVU^IV UI'141V1\ !'U - ULILYIlVL

I ' BED WATCHING TV. ISAID "WHAT'S GOING ON ABOUT THE CAR'I. HE SAIL)'ITOMORROWI WILL GIVE YOU HALF.'I I TOLD HIM I WAS GOING TO CINCINNATI IN.'FNE MORNINOI SAID I WOULD CALL HIM WHEN I GET BACK. ABOUT' 45 MINUTES LATER MY.BROTHERPAGESME'911. I CALL Il' BACK, HE SAYS "SOMEONE DONE RAN IN MY H OUSE.'I HESAID HE HEARD SOMEONE IN THE OTHER ROOM SAY "WHY ARE YOUDOING ME.LIKETHIS71i, THEN HE HEARD A SHOT. HE SAID HE PUSHED HIS GIRLFRI'END OUT "fHEBEDROOM WI'NDOW AND JUMPED OUT ALSO. AS HE WAS GOING DOWNTHE STREET HEHEARD A COUPLE MORE SHOTS GOING DFF..HE SAID HE CALLED THE POLICE, W'ISGIRLFRIENDCALLEDPOLICE. DOES NOT KNOWIF BROTHER OWNS GUN:. AT--10;50.-' .;(AAD:RON) WASSITT.ING ON THE COUC'H:YATE,'WAS-ALSO:IN 7'HERE SITTING ON LEFTSI•.D.E''COUCH; ;WHICH WOULD BE THE WEST: WAL:LTHEftE WERE TWO,OTHER GUYS IN-.THER:E.. ONE.H:Ab A RED SWEATSHIRT ONWITH A 2 :1/2 INCH AFRO SITTI NG ON THECD.UC-H:WATCHI'NG A MOVIE AND THE OTHERONEHA:D A BLACK HOODED SWEATSHIRT ON,.

AAD '=;M.E;D x:iJ;MPrL'EXION; THAT WAS. THE B•E'ST .D.ES'CR.IPTZON HE CDUL.D GIVE

^IARft'ATTVE EN`fEitEU BY: 1.639E BURKE ALVIN-iJ _ON: 03/27/2001 L 1438 TYPE: SUP. .. ,, _..------------- --- --------------------------------------

.DISP.ATCHEAfROM MY RESIDENCE TO'62S DEL;•A•WARE"ON REPORT OF A DOUEt.LE5HOOT:SNG, fHAT ULTIMATELY RESULTED IN BE:ZNG`A DOUBLE HOMICIDE, UPON MY

^ ARRI4!AL, SD:TiSERVED THE SCENE BEING SEC:URE.D BY SGT...ZIMMERMAN, LT.. BARDUN,iAN.D..:SEVE'RA.LI DAYTON POLICE OFFICERS..IT WAS-.DEEMED THAT DET. SALYER WOULD •HA'NDLE :THE. SCENE INVESTIGATION AND IPROCEEDEDr.T'.G GPS; WHERE I SPOKE WITH.DAMI'ON ADAMS OF 623 DELAWARE., PH277631'0,; <A'NDDIAHLA RAGLAND, OF THE:SAME.'A.DDR.ESS., WRITTEN STAT'EMENTS HADPREVIOUSLY BEEN OBTAINED FROM BOTH .0'FT'HESEINDIVIDUALS BY SGT. MARK SPIER$ `AND ULTIMATELY A MORE IN-DEPTH INTERVIEW WAS CONDUCTEDWITH THESE;,.INDIVIDUALS SY.DET. ELZHOLZ. FOR DETAI.LS-, SEE THE SUPPLEMENTAR Y.BY DET.ELZHOLZ.

URl'HEB____.^ONSENT TO SEARCH FORM HAD B.f°EN..EX.ECUTED.:WI?H MS. RAGLAN[j, PRIOR•TO:MY ARRIJAL, ALSO BY SG7. SPTERS LS,,S:EfTHESUPPLr•ME.NTARY ;

4REPD'RT 8Y1 sGT SPIERS, AND THE SUPPLE'I '^4';t!A'R,1'F.JtB:Y DET.^^ EilLZHOLL'. jk . . . . 4 iY W T v :Y : . .

ro.

JERD1^IHBREE^i94TES.;'Y'ATES l1AS,' .'i$^Uf^THEIY,^^1,Y;5ELF 'AN.D. DET: E.L.2HOLZ INTER1g^i, .......I'3^,;IRIGHTS BY ,DET. ELZHOLY D?lf^^^RTRESE4NCE",fAND 'SUBSEl.QLJEAF'fx.LN A':

YA'fE5 ; _FOR q EfCAILS'U N'AA1 ,/{1fN(1M0VSDEO TAPED INTERVTEW WA5 ` ^y' FROM ^^ ;A ; A^^aZYr ONO1@SGb1'45ffffi1EpSUPP.LEMENIA`R-Y .BY DET E ` N-0ra

'' ^t V^T^ FiY THE. STANDARD PR.EI,{;ITERV:IEW''N:'SED TYRONE E.:. REIU..O:F HI.*°SE ^J1,D+?PRE.SE'NCE OF D.ET. :E.L:H'OLZ^boiGO' EW1LL1=N8L-Y SIGNED °RETD

, irjfD T^YlT,iJOf D99LY DIDH.E UNDE"RSTtAND ' IS^¢^t"JGHTS, 1.F^FlT HE HAD EiEE^N IN DYSA1VD.,F:CC AND KNEWSHE SYST:E.M WELL, RS WE^IL,,4ASaHIS RTGHTS.. FURTHER'V ;THAT HE

`` COUL'TY:;RE•AU 4ND WRITE AND READ ALOUD THE`-WA.I-VER OF RI.GHT.S IN THE PRESENCE OFTHISD'ETECTIVE AND DET. ELZHOL'L. REID:LJAS :A'S.KE.D TO OUTLINE HIS ACTIVITIES"OF:THE EVENING, AT WHICH TIME HE STAI'Eq.THAT:.HE HAD DROPPED BILLY, THAT:,

'NCE DN DELAWARE, AND THA-I" HE!D GONEBEI:NG WILLIAM THOMAS, OFF AT THE RE5IDE.TO..SEE A.GI:RLFRIEND. HE STATED T'HAT WHEN HE.CAME BACK,.HE LOOKED IN'THRO.UGH THE SIDE WINDOW OF THE RESID:ENCEARD OBSERVE.D JABREE WITH A HANDGUNAND JABREE FIRED A SHOT AT HIM THROUGH THE WINDOW. REID SAID HE THEN WENT

'I"O ANOTHER UNDISCLOSED LOCATION.REID WAS THEN QUESTIONED BY THESE DETECTIVES AND ASKED WHAT GIRLFRIEND HEHAD GONE TD VISII' AND WHEREE "I'HE RESIDENCE WAS, AT WHICH TIME, HE STATED HEDTD NOT WISH TO GIVE UP HER NAME AND WOULD BE ABLE TO SFIOW US HER HOUSE,BUT DID NOT KNOW HER ADDRESS. REID WAS l'HEN ASKED WHY HE HAD GONE TO THESIDE WINDOW OF'"I`HE RESIDENCE ON DELAWARE, RATHER THAN THE F•RONT' DOOR, AT

(William C. Thomas, Jr Case# 01-0881

A postmortem examin.ation of the body of an 18-year-old black male, identified as

William C. Thomas, Jr. is performed at the Montgomery County Coroner's Office on

March 26, 2001. The. examination is conducted by Andrea N. Minyard, M.D., and is

begun at 9:30 a.m.

ATTENDANCE

In the performance of their usual and customary duties Autopsy Assistant Clinton

Smith and Photographer Patricia Goodman are present during the autopsy.

CLOTHING:

No clothing is received.

IDENTIFICATION TAGS:

There is a Montgomery County Coroner's Office morgue record band around the right

ankle.

EXTERNAL EXAMINATION:

The body is that of a well-developed, well-nourished, black man, appearing near the

offered age of 18 years. The body has a measured length of 69 inches and weighs

137 pounds. Rigor mortis is fully-developed. Livor mortis is present posteriorly, except'

over pressure points, and blanches.

The scalp hair is brown and arranged in 7 inch braids. The irides are brown. The pupils

are round and equal. The sclerae and conjunctivae are unremarkable. The nose and

mouth are clear. The teeth are natural and in adequate repair.

The neck is unremarkable. The trachea is in the midline. The chest is symmetrical. The

abdomen has no scars. The external genitalia are those of a normally-developed adult

man.

IDENTIFYING MARKS:

The left shoulder has a 2 inch irregular scar. The left arm has two linear 1 to 2 inch

scars. The lower back has a 2-1/2 inch dark brown patch-like skin discoloration.

Page 3

^^;b; ^^l c)

P O L I C E - C L O S E D I N C I D E N T D I S P L A Y

This was a 911 Call

In# 000508 Dist.546 -600 Utilty 0000- City-Map - 03-25-01 23:39:45

523 DELAWARE AV DA :( > REDFERN AV

Incident Type s BURGINP Priority ......: ,2 Emergency Agcys : P

Name, Address : DAMIR ADAMS, S/C " Phone Number ... : 9372799433License Numbr : Zip Code : Entered By : CP027,PDA25103

Entr Request(S,P,F,E,R,U,AR) . :PR KDT,eq Dsptchd By : DP030,PDA25201Dispo: 2;: CMD DISPOSITION Report No: 01/03/25-000638 Yrly: 01-062452

------------------------------- Units Dispatched ------------------------------584T W 23:42:14 23:52:22 00:00:00 00:00:00 06:13:00 >PDA25129,PDA25337,8,Prmy

>RPT #( 010325-0638>E9< Address = 360 FOUNTAIN AVPOLICE IT BURGLARY IN PROGRESS>RPT #< 010325-0638>E9< Address = 360 FOUNTAIN AVCOMPL STATES THAT SOMEONE BROKE INTO HER HOUSE & STARTEDSHOOTING. SHE HAS 2 FRIENDS STAYING THERE & SHE HEARD THEMARGUING W/THE 2 MALES, UNKN WHITE OR BLK.

--------------------------------- More Remarks --------------------

P O L I C E - C L O S E D I N C I D E N T D I S P L A YThis was a 911 Call

In# 000508 Dist 546 -600 Utilty 0000- City-Map - 03-25-01 23:39:45523 DELAWARE AV DA :( ) REDFERN AV

Incident Type : BURGINP Priority ....... ,2 Emergency Agcys : PName, Address : DAMIA ADAMS, S/C Phone Number ... : 9372799433License Numbr : Zip Code : Entered By : CP027,PDA25103Entr Request(S,P,F,E,R,U,AR) .:PR KDT,eq Daptchd By : DP030,PDA25201Dispo: 2;: CMD DISPOSITION Report No: 01/03/25-000638 Yrly: 01-062452------------------------------- Units Dispatched ------------------------------584T W 23:42:14 23:52:22 00:00:00 00:00:00 06:13:00 >PDA25129,PDA25337,8,Prmy

POSS INJURIES, SOMEONE WAS HEARD CRYING. SEVERAL SHOTS FIRED.>AI< ALERTED TO 5 ON 03/25/01 AT 2342>AI< ALERTED TO 560 ON 03/25/01 AT 2342>AI< ALERTED TO 580 ON 03/25/01 AT 2342COMPL WILL BE WAITING AT NEIGH'S HOUSE @ 360 FOUNTAIN!!!MEDICS NEED TO CHECK WELFARE OF THIS SUBJ ALSO.

E^,!^^^^^^. ►► 2ONtR J CFA /C.

JAMES' Ute-,QA-V1IS, M.D.CC):^T.,_

MONTGO^(.^ ^ COUNTY

KENNETH M. BETZDIRECTOR

LEE D. LEHMAN, Ph.D, M.D.CHIEF DEPUTY CORONER

ANDREA MINYARD, M.D.DEPUTY CORONER

OH10

POSTMORTEM EXAMINATIONOF THE BODY OF

KAREN M. POWELL, M.D.DEPUTY CORONER

RUSSELL L. UPTEGROVE, M.DDEPUTY CORONER

KENT E. HARSHBARGER, M.D., J.D.DEPUTY CORONER

Cedron BrownCase # - 01-0880

Montgomery County

Gunshot wound of head:

A.

B.

C.

D.

Entrar-ce: left parietal scalp:

Path: skull and brai.-i.

Recovery: jacketed lead projectile from right temporal scalp.

Direction: left to right, back to front, downwards.

OPINION

It is my opinion that the cause of death of Cedron Brown is:Gunshot wound of head.

Andrea N. Minyard, M.D., Forensic PathologistDiplomate, American Board of PathologyDeputy Coroner, Montgomery County, Ohio

4R1MfCCTT41Gn CT'.OCCT.fIAVT(1NI (1uInnCeno./ao7\OOC_eI cc - E AVmao\encvn-lc-^......n......... ..

1^^2lY^LSl^^^ "r"Un TC I L-

Daniel L. OBrien

DANIEL L. O'BRIEN CO., L.P.A.qf I-v

TALBOTT TOWER . . .

131 NORTH LUDLOW STREET • SUITE 1210 • DAYTON, OHIO 45402

May 17, 2001

Daniel J. OBrien Co., L.P.A.1410 Talbott TowerDayton, Ohio 45402

For services rendered:

TEL (937) 8980101

TEL (937) 2286001

FAX (937) 228-7448

04/24/01 Review evidence in preparation of ProbableCause Hearing Re: Tyrone Reid 2.00 $ 220.00.

f 04/24/01 AttendProbable Cause HearingRe: Tyrone Reid 6.00 660.00

05/17/01 Attend Arraignment at Montgomery CountyCommon Pleas Court Re: Tyrone Reid 1.00 110.00

TOTAL AMOUNT DUE $990.00

*Rate of $110.00 is per DJO for this case only

Attachment not scanned

Daniel J. OBrienDaniel L. OBrien

UE^Pnckin^jl;xh^^F I`j

DANIEL J. O'BRIEN CO., L.P.A.

TALEOTT"TOINE.R

131 NORTH LUDLOW 8TREET . SUITE 1210 • DAYTON, OHIO 45402

March 5, 2002

Honorable John J: DonnellyCuyahoga County Common Pleas CourtProbate DivisionOne Lakeside AvenueCleveland, Ohio 44113

Re: State of Ohio vs. Tyrone ReidCharge: Aggravated Murder

TF1- (937) 228-6001

FAX (937) 228-7448

E-MAIL Djoblaw®msn.cortl

Dear Judge Donnelly:

It is my belief that Judge Kuntz from our Juvenile Court has talked to you about this case. Mr.Reid has been bound over to adult court on Aggravated Murder charges, inter alia, and his jurytrial is set for April 29, 2002 for five days before Judge Gowdown.

You have previously authorized a $7,500 retainer fee. Our statement to date is enclosed. Wewould also appreciate an additional $5,000 retainer for the Trial.

Thank you.

Best Wishes.

Corlly

DJO/klfEnclosure

Attachment not scanned

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Montgomery County Clerk of Courts PRO SystemLast Name First Name Company Name Case Number

_......__..__._.._...__.._._......I

THE DOCKET .

t` ase Suuuci ai.^

GO GO

MAIN INDEX

2001 CR 01371STATE OF OHIO VS. REID, TYRONE E.

To view an image click on a, camera...... ..Begin Date:'4/26/01 End.Date: 5/9/05

Sercire Siuuniary

GO

R Descending

IMAGES DATE/DOCKET ENTRY

04/26/2001 TRANSCRIPT & ALL ORIGINAL PAPERS FROMLOWER COURT

TRANSCRIPT & ALL ORIGINAL PAPERS FROM LOWER COURT BOND IS 200,000.04/27/2001 JUVENILE COURT TRANSCRIPT FEEJUVENILE COURT TRANSCRIPT FEE05/11/2001 INDICTMENT

INDICTMENT FOR AGGRAVATED MURDER (WHILE COMMITTING.:.) (3 YRFIREARM SPEC.), MURDER (PROXIMATE RESULT) (3 YR FIREARM SPEC.),AGGRAVATED ROBBERY (DW)(3 YR FIREARM SPEC.) & HAVING WEAPONSWHILE UNDER DISABILITY (PRIOR OFFENSE OF VIOLENCE)(3 YR FIREARMSPEC.) FILED.05/11/2001WARRANT ON INDICTMENT (FLAGGED) issued on: 05/11/2001 For: REID, TYRONEE.05/15/2001 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.05/15/2001 WARRANT WITHDRAWN

WARRANT WITHDRAWN BOND IS 200,000 C/S. KESSLER05/16/2001 NOTICE SETTING APPEARANCE DATES FILED.

NOTICE SETTING APPEARANCE DATES FILED.05/16/2001 ORDER OF APPOINTMENT FILED

ORDER OF APPOINTMENT FILED, J. ALLEN WILMES AS COUNSEL. FROELICH05/18/2001 ENTRY FILED, DEFT STOOD MUTE

ENTRY FILED, DEFT STOOD MUTE 5-17-01. FROELICH05/18/2001 NOTICE SETTING APPEARANCE DATES FILED.

NOTICE SETTING APPEARANCE DATES FILED.05/22/2001 SHERIFF TRANSPORTATION FEE FILED.

7.601 CR^01371

,;

Page 2 of 10

SHERIFF TRANSPORTATION FEE FILED.05/29/2001 - MOTION FOR CONTINUANCE AND ENTRY FILED

MOTION FOR CONTINUANCE AND ENTRY FILED, RE-SET TO 6/4/01. GOWDOWN06/05/2001 SHERIFF TRANSPORTATION FEE FILED.

AND SEALED FOR APPELLATE REVIEW FILED. Attorney: O'BRIEN, DANIEL J.(0031461)06/11/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR ALL MOTIONS TO BE HEARD ON THE RECORDFILED. Attorney: O'BRIEN, DANIEL J. (0031461)06/11/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR BILL OF PARTICULARS FILED. Attorney: O'BRIEN,DANIEL J. (0031461)06/12/2001 MOTION TO SUPPRESS FILED

PROSECUTOR'S FILE BE MADE, TURNED OVER TO THE COURT FOR REVIEW

FILED. Attomey: O'BRIEN, DANIEL J. (0031461)06/14/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR DISCLOSURE OF INFORMATION REGARDINGPRIOR AND SUBSEQUENT BAD ACTS FILED. Attorney: O'BRIEN, DANIEL J.(0031461)06/11/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT TO REQUIRE THE STATE TO REVEAL ANYAGREEMENT ENTERED INTO BETWEEN THE STATE AND ANY PROSECUTIONWITNESS THAT COULD CONCEIVABLE INFLUENCE HIS TESTIMONY FILED.Attomey: OBRIEN, DANIEL J. (0031461)06/11/2001 MOTION FOR CONTINUANCE AND ENTRY FILED

MOTION FOR CONTINUANCE AND ENTRY FILED, GRANTED TO 6-25=01:GOWDOWN06/11/2001 MOTION OF DEFENDANT.

MOTION OF DEFENDANT FOR VOIR DIRE OF IDENTIFICATION WITNESSES ANDFOR ORDER DISCLOSING OTHER EVIDENCE USED IN THE IDENTIFICATIONPROCEDURE FILED. Attorney: O'BRIEN, DANIEL J. (0031461)06/11/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT DIRECTING THAT A COMPLETE COPY OF THE

MOTION FOR CONTINUANCE AND ENTRYFILED GRANTED TO 6-11-2001. ,GOWDOWN06/11/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR DISCLOSURE OF EXCULPATORY EVIDENCE

SHERIFF TRANSPORTATION FEE FILED.06/05/2001 WARRANT ON INDICTMENTWARRANT ON INDICTMENT (FLAGGED) served on: 05/14/2001 For: REID, TYRONEE.06/07/2001 MOTION FOR CONTINUANCE AND ENTRY FILED

, 2001 CR°01371

_w=L• i

E

MOTION TO SUPPRESS FILED. Attorney: O'BRIEN, DANIEL J. (0031461)06/12/2001 SHERIFF TRANSPORTATION FEE FILED.

Page 3 of 10

SHERIFF TRANSPORTATION FEE FILED.06/18/2001 ENTRY.FILED,

ENTRY FILED, SETTING SUBMISSION DATE OF JCJNE 25, 2001. GOWDOWN06/21/2001 RESPONSE

RESPONSE TO DEFT'S MOTIONS FILED. Attomey: SLAVENS, JOHN M(0002667)06/25/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR RELIEF FROM PREJUDICIAL JOINDER FILED.Attorney: O'BRIEN, DANIEL J. (0031461)06/26/2001 . ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, MOTION TO SUPPRESS 7/20/01 AT 1:30.GOWDOWN07/03/2001 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.07/13/2001 ENTRY FILED,

ENTRY FILED, THAT $160.00 BE PAID TO J.ALLEN WILMES FOR ATTY FEES.GOWDOWN07/16/2001 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO SGT. GARY WHITE; SGT. MARK SPIERS; DET.A. D. BURKE; DET. WILLLAM ELZHOLZ; DET. RAYMOND MARTIN BY THEDEFENSE.07/18/2001 SUBPOENA SERVEDSUBPOENA SERVED DEFENSE SGT GARY WHITE, SGT MARK SPIERS, DET ABURKE, DET WILLIAM ELZHOLZ, DET RAYMOND-MARTIN (R)07/19/2001 MONTGOMERY COUNTY SHERIFF FEEMONTGOMERY COUNTY SHERIFF FEE07/24/2001 ENTRY.FILED,

ENTRY FILED, GRANTING DEFT'S MOTION FOR ALL MOTIONS TO BE HEARDON THE RECORD. GOWDOWN07/24/2001 ENTRY FILED,

ENTRY FILED, GRANTING DEFT'S MOTION TO REVEAL ANY AGREEMENTENTERED INTO BETWEEN THE STATE AND ANY PROSECUTION WITNESS TIIATCOULD CONCEIVABLY INFLUENCE HIS TESTIMONY. GOWDOWN07/24/2001 ENTRY FILED,

ENTRY FILED, OVERRULING DEFT'S MOTION FOR VOIR DIRE OFIDENTIFICATION WITNESSES AND FOR AN ORDER DISCLOSING OTHEREVIDENCE USED IN THE IDENTIFICATION PROCEDURE. GOWDOWN07/24/2001 ENTRY FILED,

ENTRY FILED, GRANTING DEFT'S MOTION FOR BILL OF PARTICULARS.GOWDOWN

2001 CR-01371 Page 4 of 10

07/24/2001 ENTRY FILED,

ENTRY FILED, OVERRULING DEFT'S MOTION FOR AN ORDER DIRECTING THATA COMPLETE COPY OF THE PROSECUTOR'S FILE BE MADE, TURNED OVER TOTHE COURT FOR REVIEW AND SEALED FOR APPELLATE REVIEW. GOWDOWN07/24/2001 ENTRY FILED,

ENTRY FILED, GRANTING DEFT'S MOTION FOR DISCLOSURE OF INFORMATIONREGARDING PRIOR AND SUBSEQUENT BAD ACTS. GOWDOWN07/24/2001 CRIIVIINAL STENOGRAPHER'S CERTIFICATE FILED

CRIMINAL STENOGRAPHER'S CERTIFICATE FILED07/24/2001 ORDER OF APPEARANCE FILED,

ORDBR OF APPEARANCE FILED, SETTING MTS HEARING 8-17-2001. GOWDOWN07/24/2001 MOTION FOR CONTINUANCE AND ENTRY FILED

MOTION FOR CONTINUANCE AND ENTRY FILED, GRANTED TO 8-17-2001.GOWDOWN07/31/2001 DAYTON POLICE DEPARTMENT WITNESS FEEDAYTON POLICE DEPARTMENT WITNESS FEE08/02/2001 BILL OF PARTICULARS FILED

BILL OF PARTICULARS FILED Attorney: SLAVENS, JOHN M (0002667)08/14/2001 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO SGT. GARY A. WHITE, SGT. MARK SPIERS,DET. WILLIAM ELZHOLZ, DET. AD. BURKE, DET. RAYMOND MARTIN BY ATTYDANILE J O'BRIEN08/15/2001 SUBPOENA SERVEDSUBPOENA SERVED DEFENSE SGT GARY WIIITE, DET RAYMOND MARTIN, SGTMARK SPIERS, DET WILLIAM ELZHOLZ, DET A BURKE (R)08/17/2001 ENTRY FILED,

ENTRY FILED, SETTING BRIEFING SCHEDULE. GOWDOWN08/17/2001 REQUEST

REQUEST FOR TRANSCRIPT FILED. Attorney: IIvII'ERATO, RALPH E(0067136)08/20/2001 CRIIvIINAL STENOGRAPHERS CERTIFICATE FILED

CRIMINAL STENOGRAPHER'S CERTIFICATE FILED08/22/2001 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.08/23/2001 MONTGOMERY COUNTY SHERIFF FEEMONTGOMERY COUNTY SHERIFF FEE08/31/2001 DAYTON POLICE DEPARTMENT WITNESS FEEDAYTON POLICE DEPARTMENT WITNESS FEE09/06/2001 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR EXTENSION FILED. Attomey: O'BRIEN, DANIEL J.(0031461)09/06/2001 DECISION AND ENTRY FILED,

DECISION AND ENTRY FILED, GRANTING EXTENSION OF TIME UNTIL 9/14/01

2UU1 C;K•01371, I

i

.^

-PfJI

M.

<

r=

Page 5 of 10

IN WHICH TO FILE A MEMORANDUM IN SUPPORT OF THE MOTION TOSUPPRESS. GOWDOWN09/07/2001 ENTRY FILED,

ENTRY FILED, GRANTING EXTENSION OF TIME TO FILE MEMORANDA.GOWDOWN09/21/2001. ENTRY FILED;

ENTRY FILED, GRANTING EXTENSION OF TIME TO FILE MEMORANDA.GOWDOWN09/28/2001 MEMORANDUM FILED

DEFT'S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS FILED. Attomey:OBRIEN, DANIEL L (0070531)10/23/2001: ENTRY FILED,

ENTRY FILED, GRANTING EXTENSION OF TIIvIE FOR STATE TO FILEMEMORANDUIvZ CONTRA DEFT'S MOTION TO. SUPPRESS BY 11-02-01 ANDDEFTS REPI.YIN SUPPORT OF SAID MOTION BY 11-16-01. GOWDOWN11/01/2001 MEMORANDUM FILED . .

MEMORANDUM IN OPPOSITION TO DEFT'S MOTION TO SUPPRESS FILED.Attorney: SLAVENS, JOHN M (0002667)12/19/2001 DECISION AND ENTRY FIL.ED,

DECISION AND ENTRY FILED, OVERRULING DEFT'S MOTION TO SUPPRESSAND SETTING SCHEDULING CONFERENCE FOR 1/7/02 AT 1:30. GOWDOWN12/31/2001 DECISION AND ENTRY FILED,

DECISION AND ENTRY FILED, GRANTING IN PART AND OVERRULING IN PARTDEFT'S MOTION FOR DISCLOSURE OF EXCULPATORY EVIDENCE. GOWDOWN01/07/2002' SHERIFF. TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.01/08/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRIAL 4-5-2002 & TRIAL 4-22-2002.GOWDOWN01/08/2002 TIME WAIVER FILED

TIME WAIVER FILED01/11/2002 ORDER FILED

PRE-TRIAL ORDER SETTING JURY TRIAL FOR 4/29/02 FILED. GOWDOWN01/11/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRL4L 4/15/02 AT 3:00 & TRIAL4/29/02 AT 8:30. GOWDOWN01/29/2002 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.02/05/2002 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.02/05/2002 TIlVIE WAIVER FILED

2001 CR^01371 Page 6 of 1.0

LIMITED TIME WAIVER LINTIL 5/3/02.FILED.^ 03/21/2002 STATE'S WITNESS LIST FILED

STATE'S WITNESS LIST FILED. Attomey: SLAVENS, JOHN M (0002667)03/26/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED BY ASST PROS ATTY AND ISSUED TO JABREE YATES,DAMIEN ADAMS, DEIDRA RAGLAND & NANETTE DEWS.04/02/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO GREGORY COLEMAN BY THE STATE.

^ 04/12/2002 MOTION OF PLAINTIFF

Z'D

MOTION OF PLAINTIFF FOR VIEW OF SCENE. Attorney: SLAVENS, JOHN M(0002667)

.04/15/2002 MOTION TO CONTINUE FILED

MOTION TO CONTINUE FILED Attomey: O'BRIEN, DANIEL J. (0031461) .04/15/2002 ' SHERIFF TRANSPORTATION FEE FILED.

SI-IERIFF TRANSPORTATION.FEE FILED.^ 04/26/2002 ENTRY AND ORDER FOR CONTINUANCE FILED,

ENTRY AND ORDER FOR CONTINUANCE FILED GRANTED TO 5-6-2002 •GOWDOWN04/26/2002 MOTION TO CONTINUE FILED

MOTION TO CONTINUE FILED BY ATTY DANIEL O'BRIEN.04/30/2002 TIME WAIVER FILED

TIME WAIVER FILED04/30/2002 DAYTON POLICE DEPARTMENT WITNESS FEEDAYTON POLICE DEPARTMENT WITNSSS FEE

^ 05/01/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRIAL 7-29-02 AND TRIAL WEEK OF8-12-02. GOWDOWN

kw 05/14/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRIAL 8/19/02 AT 3:00 & TRIAL8/26/02 AT 8:30. GOWDOWN05/21/2002 ENTRY FILED,

ENTRY FILED, GRANTING STATE'S ORAL MOTION FOR CONTINUANCE ANDSETTING NEW TRIAL DATE OF 8-26-02. FINAL PRE-TRIAL 8-19-02. GOWDOWN

^ 05/21/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRIAL 8-19-02 AND TRIAL 8-26-02.GOWDOWN08/01/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO DAMIEN ADAMS, DEIDRA ADAMS BY THESTATE08/02/2002 SUBPOENA SERVEDSUBPOENA SERVED, (P) ON 8-1-02 FOR GREGORY COLEMAN AND DR. ANDREAMINYARD.08/15/2002 MOTION FOR CONTINUANCE AND ENTRY FILED

^001 CR 01371 Page 7 oF 10

MOTION FOR CONTINUANCE AND ENTRY FILED, RE-SET TO 11/18/02.GOWDOWN08/15/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, FINAL PRE-TRIAL 11/7/02 AT 3:30 & TRIAL11/18/02 AT 8:30. GOWDOWN09/05/2002 DAYTON POLICE DEPARTMENT WITNESS FEEDAYTON POLICE DEPARTMENT WITNESS FEE

^ 09/09/2002 MOTION OF DEFENDANT

MOTION OF DEFENDANT TO REDUCE BOND FILED. Attomey: O'BRIEN, DANIELJ. (0031461)09/23/2002 ENTRY FILED,

0

ENTRY FILED, OVERRULING MOTION TO REDUCE BOND. GOWDOWN10/15/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED FOR DANETTE DEWS, ROBERT ESSEX, RICKYRAKESTRAW, GREG COLEMAN, JABREE YATES, DAMIAN ADAMS, & DEIDREADAMSBYPROSECUTOR10/17/2002 ENTRY FILED,

ENTRY FILED, CERTIFICATE OF MATERIALITY AND NECESSITY FOR OUT-OF-STATE WITNESS. GORMAN10/29/2002 ENTRY FILED,

ENTRY AND ORDER TO TAKE DEPOSITION FILED. GOWDOWN10/29/2002 MOTION OF PLAINTIFF

MOTION OF PLAiNTTFF TO TAKE DEPOSITION FILED. Attomey: SLAVENS, JOHNM (0002667)10/30/2002 MONTGOMERY COUNTY SHERIFF FEEMONTGOMERY COUNTY.SIiERIFF FEE10/30/2002 SUBPOENA SERVEDSUBPOENA SERVED DEFENSE LELICA WILIAMS(F) 10-28-02 SHAWN REUBER (R)10-28-0210/30/2002 . SUBPOENA SERVEDSUBPOENA SERVED STATE DANETTE DEWS ( R) 10-18-02 ROBERT ESSEX (R) 10-23-02 RICKY RAKESTRAW (R) 10-24-02T0/31/2002 NOTICE

NOTICE OF DEPOSITION FILED. Attorney: SLAVENS, JOHN M (0002667)10/31/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED BY ATTY JOHN SLAVENS AND ISSUED TO DET. MARKSALYER.11/15/2002 DEFENDANT'S WITNESS LIST FILED

DEFENDANT'S WITNESS LIST FILED BY ATTY DANIEL O'BRIEN.11/18/2002 WAIVER OF JURY FILED

WAIVER OF JURY FILED11/19/2002 SUBPOENA FILED AND ISSUED

2001 CR=01371 Page 8 of 10

SUBPOENA FILED AND ISSUED FOR HARRY CALLOWAY, & MIKE KELLY BYATTY. DANIEL OBRIEN

^ 11/20/2002 ENTRY FILED, JURY EMPANELED AND SWORN

ENTRY FILED, JURY EMPANELED AND SWORN. GOWDOWN11/20/2002 SUBPOENA SERVEDDEFENSE SUBPOENA OF 11/19/02 SERVED ON MIKE KELLY 11/19/02 (P).11/20/2002 SUBPOENA SERVEDSUBPOENA SERVED ON HARRY CALLOWAY - (P) 11-20-02.11/21/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED BY ATTY DANIEL O'BRIEN AND ISSUED.TO SGT: MARKBOWRON.11/21/2002 SUBPOENA SERVEDDEFENSE SUBPOENA OF 11/21/02 SERVED ON SGT. MARK BOWRON (R) 11/21102.11/22/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO OFF. MICHAEL S. SAYLORS BY ATTYDANIEL J. OBRIEN11/22/2002 SUBPOENA SERVED.SUBPOENA SERVED ON 11-22-2002, TO BECKY JOHNSON C/O OFF. MICHAEL S.SAYLOR (R).11/25/2002 CRIIvIINAL STENOGRAPHER'S CERTIFICATE FILED

CRIIvIINAL STENOGRAPHER'S CERTIFICATE FILED11/25/2002 EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.EXEIIBITS FILED IN THE COURT'S PROPERTY ROOM.11/25/2002 EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.11/30/2002 DAYTON POLICE DEPARTMENT WITNESS FEEDAYTON POLICE DEPARTMENT WITNESS FEE12/02/2002 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.12/02/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, JURY FINDS DEFT NOT GUILTY OF MURDER OFWILLIAM THOMAS AS CHARGED IN COUNT THREE. GOWDOWN12/02/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, JURY FINDS DEFT DID HAVE A FIREARM ON ORABOUT HIS PERSON WHILE COMMITTING OFFENSE OF MURDER. GOWDOWN12/02/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, JURY FINDS DEFT NOT GUILTY OF AGG.ROBBERY AS CHARGED IN COUNT ONE. GOWDOWN12/02/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, JURY FINDS DEFT NOT GUILTY OF AGG. MURDEROF CEDRON BROWN AS CHARGED IN COUNT TWO. GOWDOWN12/02/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, JURY, HAVINF FOUND DEFT NOT GUILTY OFAGG: MURDER AS CHARGED IN COUNT TWO, DO FIND DEFT GUILTY OFMURDER OF CEDRON BROWN. GOWDOWN12/03/2002 SUBPOENA FILED AND ISSUEDSUBPOENA FILED AND ISSUED TO BERNARD GAMBIL BY THE STATE.

) 2001 CR-01371 Page 9 of 10

12/04/2002 ORDER OF APPEARANCE FILED,

ORDER OF APPEARANCE FILED, BENCH TRIAL 12/20/02 AT 1:30. GOWDOWN12/05/2002 EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.E3GiIBITS FILED IN THE COURT'S PROPERTY ROOM.12/06/2002 JURY LIST FILED7URY LIST FILED12/11/2002 - MONTGOMERY COUNTY SHERIFF FEEMONTGOMERY COUNTY SHERIFF FEE12/11/2002 SUBPOENA SERVEDSUBPOENA SERVED STATE BERNARD GAMBIL (R) 12-5-0212/16/2002 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR SUBSTITUTION ,OF COUNSEL FILED. Attorney:CICERO, ANTHONY R (0065408)12/16/2002 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.12/19/2002 ENTRY FILED,

ENTRY FILED, GRANTING MOTION FOR SUBSTITUTION OF COUNSEL.GOWDOWN12/19/2002 ENTRY FILED,

ENTRY FILED, SUBSTITUTING ANTHONY CICERO AS COUNSEL FOR DEFT.GOWDOWN12/20/2002 CRINIINAL STENOGRAPHER'S CERTIFICATE FILED

CRIMiNAL STENOGRAPHER'S CERTIFICATE FILED12/23/2002 VERDICT AND ENTRY FILED,VERDICT AND ENTRY FILED, COURT FINDS DEFT GUILTY TO COUNT FOURAND SPECIFICATION TO COUNT FOUR AND ORDERING SENTENCING FOR1/6/03. GOWDOWN12/23/2002 EXHIBITS FILED IN = COURT'S PROPERTY ROOM.EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.01/02/2003 EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.EXHIBITS FILED IN THE COURT'S PROPERTY ROOM.01/06/2003 MOTION TO SUSPEND FURTHER EXECUTION OF

SENTENCE FILEDMOTION TO SUSPEND FURTHER EXECUTION OF SENTENCE AND FOR BONDPENDING APPEAL FILED. Attorney: CICERO, ANTHONY R (0065408)01/06/2003 SHERIFF TRANSPORTATION FEE FILED.

SHERIFF TRANSPORTATION FEE FILED.01/07/2003 CRIIv1IINAL STENOGRAPHER'S CERTIFICATE FILED

CRIMINAL STENOGRAPHER'S CERTIFTCATE FILED01/08/2003 TERMINATION ENTRY FILEDTERMINATION ENTRY FILED, 1-6-2003, DEFT. SENTENCED 15 YRS. TO LIFE ONCT. 2 & 6 MONTHS ON CT. 4 TO BE SERVED CONCURRENTLY AND 3 YRS.ACTUAL INCARCERATION ON FIREARM SPEC. TO BE SERVEDCONSECUTIVELY TO DEFINITE SENTENCED. GOWDOWN

" 2001 CR 01371 Page 10 of 10

01/08/2003 WARRANT TO CONVEY ISSUED TO SHERIFFWARRANT TO CONVEY ISSUED TO SHERIFF01/10/2003 COST BILL SENTCOST BILL SENT REID, TYRONE E. was sent bill for $1,730.00. Printed on 01/10/200312:09:01.01/13/2003 WARRANT TO CONVEY RETURNED ENDORSEDWARRANT TO CONVEY RETURNED ENDORSED, VORE BY DEPUTY01/15/2003 ENTRY FILED,

ENTRY AND ORDER FILED, COURT DENIES A STAY OF EXECUTION AND ABOND PENDING APPEAL. GOWDOWN01/17/2003 COURT OF APPEALS DOCKETING STATEMENT FILEDCOURT OF APPEALS DOCKETING STATEMENT FILED BY ATTY ANTHONYCICERO.01/17/2003 NOTICE OF COMMITMENT AND CALCULATION OF

SENTENCE FILED.NOTICE OF COMMITMENT AND CALCULATION OF SENTENCE FILED:01/17/2003 NOTICE OF APPEAL FILEDNOTICE OF APPEAL FILED BY ATTY ANTHONY CICERO. (CA 19729)01/17/2003 PRAECIPE TO THE COURT REPORTER FILEDPRAECIPE TO THE COURT REPORTER FILED BY ATTY ANTHONY CICERO.02/18/2003 ENTRY FILED,.

CERTIFICATE OF MATERIALITY AND NECESSITY FOR OUT-OF-STATE WITNESSFILED.02/25/2003 TRANSCRIPT OF PROCEEDINGS FILED

TRANSCRIPT OF PROCEEDINGS FILED COURT OF APPEALS ARGUMENT ONMOTIONS, MOTION TO SUPPRESS, JURY TRIAL, BENCH TRIAL, SENTENCING05/07/2004 ALL ORIGINAL PAPERS RETURNED FROM COURT OF

APPEALS.ALL ORIGINAL PAPERS RETURNED FROM COURT OF APPEALS. CA19729, S&D, 6TRANS04/05/2005 MOTION OF DEFENDANT

MOTION OF DEFENDANT FOR CRIA^^IINNAL APPEARANCE.DOCKET AND COURTRECORDS WITHOUT COST FILED. Attorney: PRO SE Q04/13/2005 ENTRY FILED,

ENTRY FILED, DENYING MOTION FOR CRIMINAL APPEARANCE DOCKET ANDCOURT RECORD WITHOUT COST. GOWDOWN

Dantel L. O'Eden

DANIEL L. O'BRIEN CO., L.P.A.

CA'M^ av Q^wTALBOTT TOWER

131 NORTH LUDLOW STREET • SUITE 1210 • DAYTON, OHIO 45402

,March 26, 2001

TEL (937) 898-0101

TEL (937) 228,8001

FAX (937) 228-7449

7 ^r42"t'4-'^

1, Tyrone Reid, choose to have Daniel L; O'Brien represent me in my ,. ,. .cases ofAgg[avated 1Vliirder; P7lurder; Aggravated Robtiery; Weapons Under Disability;..with four Firearm Specifications..

lv'Dated: March C? , 200I

vc-^`-' ^ 1 \ V

523 Delaware, DaminAdams

®

6S?llM$V2W aDT, Inc., R.I. 04/2000

1Meting with defense investigator Detective Emmons (8 11/01)

View of Scene with Investigator (8/ 12/01)

Conference with ballistic expert (5/17/01)^

`"Focus" Review of entire file with Investigator and DLO to makefinal game plan for trial (5/ 15/01)

4.0

1.0

2.0

4.0

IndictmentWitness Statements dCase HistoryIncident ReportsSearch DocumentsCrime Lab ReportsAll Etiscovery

'Preparation of Subpoenas for trial (original trial date) (7/16/01) 1.0

Legal Research for initial Hearing, Defense and Indictment,Juvenile Law, inter alia (law library) (6/5/01) 6.0

Telephone conferences with numerous partiesOver the past 12 months concerning case;correspondence with mother of Defendant andmeetings with mother of Defendant .0

Preparation of numerous pretrial motions to date (8/2/01)

Review Evidence at Crime Lab

4.0

(photos, sketch, etc.) (10/31/01) 2.0

'Meetings with Defendant (4/23/01, 5/17/01,6/20/01, 7/ 18/01 8n 8/ 16/O1) 3.0

Meeting with Judge Nick Kuntz (Juvenile Court) (4/22/01) 1.0

Meetings with County Prosecutors Slavens & ImperatoPretrial (5/24/01, 9/7/01, 10/31/01, 12/14/01)- scheduling with J. Gowdown (1/ 17/02) 5.0

Total hours 58.0@ $200/hr $11,600.00Out of pocket expenses 371.10

TOTAL DUE AND OWING $,11,971.10

Case presently set for Jury Trial (5 days) commencing Apri129, 2002with Judge Gowdown

e 1,

Daniei J. O'BYienDaniel L. OSAen

DANIEL J. O'BRIEN CO., L.P.A.

G&r^^^^TALBOTT TOWER

131 NORTH LUDLOW STREET • SUITE 1210 • DAYTON. OHIO 45402

January 23, 2003

Ms. Lori Zocolo1915 Superior Building815 Superior AvenueCleveland, Ohio 44114

In Ree:'.The Guardianship of Tyrone Reid

Dear Ms. Zocolo,

TEL (937) 2285001FAX (937) 228-744$

E-MAIL DJobtawemsn.corn

Enclosed please find our exceptions to the proposed final account in the above captioned causewith accompanying Affidavits. All of these bills are unpaid as you already know. . You and theguardian (who attended the trial everyday) attempted to defraud two fellow attorneys andinvestigators who worked their buns off for the ward who assassinated his best friend to rob himof his money.

Very trugy-yours,

You will be hearing more from us on this matter be assured.

Daniel J. O'Brien, Sr.

DJO/tnb

t'F.

4/23/02

Jackie Davis - - came for her 11:00appointment despite the fact that Yvonne Davis was going to tell hernot to come. Jackie is extremely upset because you have askedthem to find the boy who killed Yvonne's only son. Yvonne hasbeen in titutionalized in the past for mental problems and JackieDavis es not feel you should be asking Yvonne to fmd JabreeYates. /