To : The Jailhouse Lawyer Initiative ,
Jhody D. Polk,
3-05-19

I'm writing this letter to this jail house lawyer initiative looking for assistance on my appeal that is pending in the 5th Circuit at New Orleans, LA, The COA and in forma pauperis and Motion for Sentence Reduction is pending. This initiative can direct me where I can get assistance for my case.

I been fighting my case since May 14, 2014, and It's for possession of controlled substance with intent to deliver four to two-hundred grams. I was sentence to 25 years in (Redacted) I was indicted in July 30, 2014 with no enhancement allegation paragraph and I was sentence as a Repeat offender and I was not re-indited. The jury was instructed that I was a third time convicted felon making the minimum sentence at 25 years instead of 15 years minimum as a repeater. But the Motion in Limine was granted and the prosecutors couldn't use what they used at trial as enhancement. Also the prosecutors use gang activity in my trial and what I was convicted had nothing to do with no gang activity, Now I have part of transcripts that there was a biased juror that was selected as foreman juror, Brady Violation that prosecutors and police officers withheld evidence and witnesses, Deputy Mr. (Redacted) tamper with the evidence and raid video was tamper, also. I also
can filed for ineffective of counsels against trial attorney and appellate attorney. I been a ( MHMR) patient and I'm currently in the Mental Health Diversion Theraputic Program here at the (Redacted) Unit. Since 2006, I been diagnose with depression, anxiety, and probably bi-polar and problems to sleep at night . I'm currently in pyshe medication and sleeping medication. Which is why I'm looking for assistance due to I'm still in ad-seg in this program and hard to get assistance from the law library and at time have trouble concentrating or understanding what I read or trying to do. I have notified the 5th Circuit clerk but I guess I can't be provided a court appointed appeal attorney.

When I notify trial counsel that I was having trouble concentrating and understanding that I'm a MHMR patient, trial attorney responded if I was in pysche medication and I said yes and he said I was consent to stand trial and failed to filed Motion for psyche evaluation. And requested the court for an interpreter to translate english to spanish and I'm biligual. I can also raise the ground for actual innocence . The prosecutors misconduct and police misconduct prejudice the whole case. When I filed the 11.07 Writ of Habeas Corpus I didn't have access of the State Court Records Transcripts and I had filed the Motion for Transcripts at the convicting court and didn't received no answer nor a decision of the motion . I was denied to file a sufficient and successful 11.07 Writ, On January 04, 2018,
the 2254 Writ of Habeas Corpus was filed and the motion for Loan of State Court Records was granted that same day. The Amended Petition was dismissed when I responded to Respondent answer. I having had an opportunity to used the transcripts to file a sufficient and successful 11.07 Writ of Habeas Corpus nor a 2254 Petition Federal Writ of Habeas Corpus. I'm explaining a little about my appeal process I'm going through. I would like assistance for my appeal to get the conviction reversed, dismiss, or a sentence reduction.

I do help inmates with Dispute Time Resolution to get credit for county jail, work time, or anything that has to do for credit for time. I also show inmates that want to appeal their conviction on how to do the research. What do I have to do fill out to be a member of the jailhouse lawyer initiative and also to get assistance for my case that I have pending in appeal. Hope to hear from you all of this matters that I explaining above. Thank you!

Current Address:
Leroy S
(Redacted)
TX

Sincerely
Leroy Santos (Redacted)

A Time Sheet Copy attach with this 2 page letter.

To: Jailhouse Lawyers Initiative


I'm writing this to request pro-bono resources or assistance from the outside that can help me file a sufficient and successive 11.07 Writ Habeas Corpus or to file a Motion to file a second or Successive 2254 petition. I'm in Restrictive Housing / Ag-Seg in Texas with no jail house lawyer assistance and limited access to the law library,


I'm currently taking the Hepatitis C medication to cure this liver disease. The Hep, C settlement is still pending in the Fifth Circuit Court of Appeals. Trying to get compensation for delay and neglectance for the treatment that damage the liver. Good news I have started the treatment and taking the medication everyday for ninety days.


Here I'm explaining a little about my conviction that I'm appealing back again in State Courts or Federal Courts. I was convicted in San Antonio, TX in the 399th Judicial Court for
Possession of Controlled Substance with Intent to Deliver 4-200 grams, namely Heroin. The indictment was enhance to repeat offender and was giving 25 years in TDCJ non-aggravated case. The indictment had no enhancement allegation paragraph and improper comments by the Prosecutors to the Jury saying I been convicted for two felonies that in the Jury minds was I was a Habitual Offender that made the minimum 25 years, instead of 15 years minimum for a repeater, This is an error for at least resentencing.


In May 14, 2014, as soon as the mechanic man left his apartment to a so call Doctor appointment and I stayed waiting and (Redacted), also due to I help the mechanic fix cars; That day I was going to help him fix a car and (Redacted) was cleaning up his apartment the San Antonio Bexar Sheriff Department executed a search warrant. The narcotic Deputy (Redacted) was kicking the documents found inside Safe and heroin was also found inside Safe, including marijuana, syringes, and bottle top called cooker. The documents including rent receipts had the Mechanic name and Deputy (Redacted) said "(Redacted)" is not going to jail. All this was Video recorded, which the Video was tampered and parts were of the recording were missing when it was shown to the Jury at trial. In the video you can hear the banging of iron when the Safe is being broken open then Skips to another scene. The drugs found inside the restroom look similar to the drugs found inside safe. There was no drugs floating inside the commode in the Video as Deputy (Redacted) testify in Motion to Suppress Hearing and in guilt/ innocence phase. That video gets tested and inspected by an expert it will show it was tampered.


Deputy (Redacted) inside the apartment was threatening and trying to force me and (Redacted) to work for him as informants, if not were going to Jail for a long time that he Knew people that work in the Court house and will make that happen. Both of us told him no and we haven't done nothing wrong to get arrested. Deputy (Redacted) told (Redacted) say that the drugs Just were mine and she can walk out free from the apartment without any charges, (Redacted) said drugs aren't mine nor hers, Deputy (Redacted) told me he knows that I been in jail before and last time he telling me to work for him or go to jail, I told him no and that I haven't done nothing wrong, Trial Counsel didn't want to ask questions about this to Deputy (Redacted) in trial and failed to subpoena (Redacted) to trial and she was in the witness list in my favor.I filed a Motion for Transcripts to the convicting court in June 2017 and was never answered at all. I filed an 11.07 Writ without access of the transcripts due to of the 1 year limitation to file a 2254 Petition Writ. The 11.07 Writ was not suffient nor successful without access of the transcripts nor an evidentiary was provided to develope facts to the grounds raised . On January, 2018, I filed a 2254 Petition Writ with a Motion for Transcripts. The Motion was granted , but only to loan transcripts. It took about three ( 3) months to get the transcripts, but without no assistance of a jail house lawyer and me not knowing the appeal process, it was not successful . I filed another 11.07 Writ with access of State Court Records transcripts raising 12 grounds including Brady / Morton Act Violations. The convicting court recommended to dismiss 11.07 Writ due to I should have raised this grounds in first 11.07 Writ. I don't know how if I didn't have access to the transcripts. I want to re-file this 11.07 writ with a Motion to Reconsider to Amend the first 1.07 Writ or to Supplement it. Also I'm adding one or two grounds for my mental illness diagnosis I had since 2006 that I been pysch medication and trial attorney failed to file a mental evaluation motion or notify the Judge .


There were two bias Jurors seated in the Jury panel .


Venireperson no. 4, (Redacted), was selected a Foreperson in the Jury and was Juror no: 2) . This is individual voir dire by the defense,
Q. (By Mr. (Redacted)) Ms. (Redacted), do you mind standing up? you have relatives that are law enforcements Officers?
A. I actually have an uncle that's retired police officer. He did the suicide people, talking --
Q. Talk them off the ledge?
A. ( Moving head up and down)
Q. Would that affect you from being fair and impartial? A. Not for that reason.
Q. For what reason?
A. Well the fact that I've had some friends and close relatives involved
in drugs. I personally had an abusive relationship when he was high.
The Court; I can't hear.
Venireperson: I had an abusive relationship when he was high, and
I have two metal plates on my face. And I have a cousin who actually fallen victim to heroin, She lost four of her kids.
Q. (Mr. (Redacted)) I see, Okay,
A. I mean, not that I wouldn't go by the law . The law is the law but it just ...
Q. your saying based on this prior experiences you dealt with , you feel you would come into this case biased one way or the other?
A. yeah.
Q. yes?
A. yes.
Q. Thank you very much. (see RR. Vol. 2, Pgs. 19-121)
Trial Counsel (Redacted) just failed to strike or challenge for cause this Juror including Venireperson no. 8, (Redacted),(seated as Juror no. 4)
Q. (By Mr. (Redacted)) MS. (Redacted)?
A. yes,
Q. Do you have any questions for me?
A. No,
Q. Thank you very much , ma, am. A. Thank you .


She had dealt with severe drug use, either in a friend or family, but something so personal that it affected them personally (Redacted) was not ask no questions nor ask if she can be fair and impartial.


The only way I'm going to get justice done getting help from the outside and resources that help the wrongly convicted get justice. Resources that know about the law and know how to file 11.07 Writ, 2254 Petitions, and know the Court of Appeals process on filing COA and Certiori, that take certain case pro bono without any charge.
Deputy (Redacted) from the Bexar Narcotics Department needs to be put in outside news and media in San Antonio, TX and all over the world for his abusing of authority in the law enforcement. All the grievances written against him while he was a guard in Bexar County Jail and all the complaints filed against him in Internal Affairs, Which trial counsel also failed to present at court for impeachment. Deputy John A. Gonzales admitted in using civilians to do controlled buys for leniency, but they were probably force because of civilians being ex-convicts.


I hope the Jailhouse Lawyer Initiative Team and Yhor's Alchemist Jhody Polk can provide me the help that I need to get justice. And expose Deputy (redacted) to society and I know more people will come forward with similar situations like mine in San Antonio, TX. you have any questions feel free to ask. It's been eight (8) years fighting my conviction and need outside resources or assistance to file a sufficient and successful writ and appeal. your assistance in this matter is greatly appreciated and be waiting for your response, Current address below!


Leroy S
(Redacted)
TX


Leroy S

To : Jailhouse Lawyer Initiative,
12-22-22

I'm interesting on the pen pal program where Law students and jailhouse Lawyers can connect as fellow sojourners, Include me in future cohorts of the pen pal program .

I have been challenging the conviction, that I was found guilty for Possession with Intent to Deliver 4- 200 grams, Namely Heroin, and sentence to 25 years. I was sentence as a Habitual inmate instead of a repeater that the minimal is 15 years.

When I first filed the 11.07 Writ of Habeas Corpus, I didn't have access to the trial transcripts. The convicting court never answer the Motion for Transcripts that I had sent to file. The 11.07 Writ was dismissed and I couldn't point out the errors from the record.

Then I filed the 2254 Petition Writ to the Federal Court at San Antonio Division and the Motion for transcripts was granted and were loaned to me. The 2254 Petition was denied and I didn't Know I could expand the record of the claims I filed. The federal court said I had Amended and was dismiss with prejudice. At this time I didn't know what I was doing nor didn't know the appeal process .
In August , 2022 , I recently filed another 11.07 Writ using the transcript and raised

1.
13 grounds which were Ineffective Assistance of trial and appeal counsels, prosecutors misconduct, and Judicial Misconduct, Cause No. 2014 CR 6238 B-04 This 11.07 Writ was dismissed without a written order and the Motion for Reconsider was denied.

I raised the "Brady /Michael Morton Act Violation" that prosecutor withheld exculpatory evidence that wasn't presented at trial. Withheld co-defendant plea, she took 21/2 months before my trial and improperly instructed the jury panel of not knowing her court proceedings , which both of us were in the same court . Co-defendant was in the witness list to testify in my favor and is a exculpatory witness.

Prosecutors also withheld reports of the controlled buys and using out-of-court statements that denied my constitution right of confrontation clause. The exculpatory evidence withheld were rent receipts , medication prescription bottles, syringes, marijuana, ID, and Heroin inside a safe with person names on the receipts and medication bottles and was never arrested . The owners of apartments were not contacted to present residential documents from the apartment where raid was performed . The officers lied that I was living at that apartment , which I was there the day of the raid , which I had no drugs in my possession nor I was in any influence of drugs, I was just his mechanic helper, and I found out this person was arrested and started working as an informant . This informant is the
actual person where the raid was perform and is the reason that the safe and evidence found inside was not presented at my court proceedings nor trial.

Now I'm doing research and working on my appeal to file another 2254 Petition to the 5th Circuit with a Motion for Authorization to file a second & successive 2254 Petitition. I will need assistance to file and argue properly the Motion for Authorization.

I have the grounds that claims constitutional errors and actual innocence. The officers tamper with the evidence and how the attorneys were ineffective . I can point out the errors from the record and a evidentiary hearing on the withheld evidence to be disclose for the record . One of the officers gave a perjury testimony in trail and two biased jurors were seated, which one was foreperson.

It would be helpful for law students and jail house lawyers initiative assistance to my appeal and practicing and interrogating the law and constitutions rights of the U.S. Please, notify me on the pen pal program. Without attorneys nor any help, it's impossible to properly present an appeal writ to the courts,

Sincerely,
Leroy S

2.
Leroy S TX

TEXAS STATE
LAW LIBRARY
TEXAS STATE LAW LIBRARY
TEXAS

13 March 2023

RE: WR-86,092-04: memorandum, motion for counsel and sentence reduction

Leroy S. TX

Dear Mr. Santos,

Thank you for contacting the Texas State Law Library. We received your request on 6 March 2023,.

We did not locate any of the documents you requested within the "writ" file stored at the Court of Criminal Appeals regarding this case.

If these were originally filed with the trial court in Bexar County, you'll need to contact them directly for further assistance since we do not have access to their court files:

Bexar County District Clerk
TX

Sincerely,
State Law Library Reference Staff
6-14-23
TO: c/oTyler Walton ,

I'm writing this letter to notify Jailhouse Lawyers that attach is the Flashlights form filled out and signed by me. Also attach is a letter from Texas State Law Library with appeal number for only Jailhouse Lawyers Initiative, pen-pal program law students, and anyone in public that will want to assist me on filing motions and 2254 Petition to federal Court.

As you can see the memorandum of law, motion for appointment of Habeas Counsel, Motion for Sentence Reduction, Motion to Reconsider , and attachments exhibits A through F were not forwarded to the Court of Criminal Appeals of Texas with the 11.07 Writ that was filed on 8-16-22 in the convicting court. I have recently filed a Motion for Contempt in the convicting court of San Antonio for violation of Due process on appeal in which Court of Criminal appeals did a decision without reviewing all documents that were attach to 11.07 Writ when filed . A couple of those exhibits were withheld exculpatory witness co-defendant plea before my trial and was in the witness list to testify for my behalf and new discover evidence of an accident when I was a teenager for my mental health disorder .

A Habeas Counsel should be appointed to non-capital cases , also, See case Buck v. Davis, 137 S. Ct. 759. How us inmates going to succeed on filing a sufficient and Successive writ of habeas corpus in State Courts or Federal courts not knowing the law or not knowing how to file
motions. It's hard to get a copy of trial transcripts or do proper arguments. At times an evidentiary hearing is need for claims not in the state court records .

My constitutions rights were violated at trial because of prosecutors misconduct tampering with the raid recording video, withhelding exculpatory evidence, improper instructions, comments, arguments , and allowing perjury testimony from officer (Redacted) a well known officer that abuses his authority as law enforcement officer.

This case Pennsylvania Dept. of Corr. V. Yeskey, 118 S.c. 1952 is a good argument for rehabilitation Programs, appointment of Habeas Counsel, and etc ... because we all suffer of Mental diagnoses in some way especially being incarcerated with no assistance on human rights, lawyers for appeal, excessive sentence violation of 8th Amendment, slavery not being paid in prison for labor work , denying parole even when shown to parole board all programs you completed and rehabilitation you done in prison, and etc.

There are already issues that were ruled by the Supreme Court for us inmates in prison. We need assistance for our U.S. constitution rights being violated in court, See Schlup v. Delo 115 S.ct. 85. A lot of us still challenging our convictions and sentences , but without any lawyers assistance it's hard .

In Solidarity,
Leroy S