A few weeks ago I sent out an email with information that the DA’s office will not be allowing us to test the Blood Draw room for cleanliness. I promised to provide you with the tools you need to fight ANY case in which blood was drawn at the Dallas County Jail.
Attached you will find those tools.
1. A discovery motion and order
2. A transcript from Judge Mulder holding there is evidence of a substantial risk of infection to individuals. A transcript with Mark Gibbons testimony the jail is filthy and a transcript with a physicians testimony that a filthy room would be a significant risk to clients
3. Appellate decision from 5th district court of appeals
4. Writ to Court of Criminal Appeals detailing why the 5th districts reasoning is incorrect
5. Signed order from Judge Mulder and Judge Rosenfeld granting access to test the room or chair
6. Dismissal of the case in Judge Rosenfeld’s court in a direct attempt to prevent access to test the jail
I encourage everyone that has a Dallas County Jail blood draw case to file this motion with attached documentation and force the judges to hear and rule on these motions. It is only through a unified effort on our part’s that we can expect anything to change.
President, Dallas Criminal Defense Lawyers Association