JOHNDAVID BATTAGLIA #999412
3872 FM 350 South
Livingston, TX. 77351

August 29, 2005

Dallas County District Clerk 
Frank Crowley Courts Building 
133 N. Industrial Blvd. 
Dallas, Texas 75207

RE: Ex Parte John David Battaglia

Cause No. W01-52159-H(A)

Dear Mr. Hamlin, Clerk:

Enclosed please find an Original and Copy of a PRO SE ANSWER TO STATE'S ORIGINAL ANSWER TO APPLICATION FOR WRIT OF HABEAS CORPUS IN DEATH PENALTY CASE, dated August 29, 2005.

Would you please file the Original with the court and "FILE STAMPED RECEIVED" the Copy of the PRO SE ANSWER and return it to me in the enclosed stamped self addressed envelop.

Thank you for your assistance in this matter.

Sincerely,

JohnDavid Battaglia

_________________________________________________________________________________

LEGAL MAIL

JOHNDAVID BATTAGLIA #999412
3872 FM 350 South
Livingston, TX. 77351

August 29, 2005

Honorable Judge Janice Warder 
Criminal District Court NO. 1 
Frank Crowley Court Bldg.
133 N. Industrial Blvd. 
Dallas, Texas 75207-4399

RE: F01-52159-H(A)/ Ex Parte John David Battaglia

PRO SE ANSWER to State's Original Answer to Application for Writ of Habeas Corpus in Death Penalty Case.

Because of a total lack or break-down in communications between myself (Applicant) and my court appointed Habeas Corpus Appeal attorney, Ms. Hemphill, I’m forced to try and answer the state’s Original Answer in the best manner that I can. In the past three years I have attempted to communicate with both the Direct and Habeas Appeal attorneys and have been repeatedly refused any meaningful professional legal assistance, just as I had been refused any meaningful legal assistance prior to and during my trial by Mr. Paul Johnson.   

I had even given a media interview on video from the Dallas jail to document my trail attorney, Mr. Johnson's, refusal to investigate, obtain evidence, or even help defend me from the charge of capital murder. I also tried to relate to the media my disclosures to Mr. Johnson the threats from Ms. Pearle and her family to have me and my children "killed" for having contacted the following law enforcement agencies regarding Ms. Pearle's criminal activities:

- Highland Park Police; physical child abuse, illegal drugs, illegal immigrants, and interference with court ordered custody of my minor child from a previous marriage.

- Dallas Police; illegal drug dealing/ receiving and selling stolen jewelry and antiques, burglary of my CPA office, and threats over the telephone and in person to have me “killed” for talking to the police and IRS about her criminal activities.

- INS Agent Angela Clay; illegal immigrants and money laundering.

- DEA; drug dealing and transportation between New York City and the use of my two daughters as cover or "mules" to carry drugs

- IRS-CID and Secret Service; federal income tax fraud, money laundering, federal witness tampering, bribery of public officials, and threats to have me "killed" for disclosures to IRS-CID.

In addition I had informed Mr. Johnson and both of the appointed Appeal attorneys, Parks and Hemphill, of the involvement of Dallas County and Federal Judges in the criminal activities of Ms. Pearle and her family. Those involved included Judge John Marshall, Judge Theo Bedard, Judge David Finn and Judge Joe Kendall. (I had also informed Mr. Johnson and the Appeal attorneys of the unethical or criminal activities by my former wife, Professor Michelle Ward LaBorde Ghetti and Judge Harold Entz, Judge Robert Francis (then Assistant Dallas D.A. Bobby Francis), Sheriff Bowles, and her attorney John Barr and the fact that then Michelle LaBardor had been fired from her law firm, Akin Gump et al., for being indicted for two counts of federal bankruptcy fraud and/or both not being a licensed attorney in Texas as she had represented to her law firm and their clients, plus opening all parties to discovery since she had no legal privilege.)

I had also informed Mr. Johnson that for a number of years I had witnessed a number of Dallas County Judges receive large sums of money at the home of my former attorney and brother-in-law, Robert M. Clark, Jr., with my wife, Ms. Pearle, and her mother, Dorrace Pearle, present also to witness the transactions. I had been told that the money were campaign contributions and holiday gifts to the Judges from the Pearle Family (of which I was a member), but after I had a trial in 1995 for carrying a weapon in my wife's car_; (UCW) and my wife, Ms. Pearle, committed perjury on the witness stand and I asked her why she had lied and not told the court that I was armed with a weapon because I was protecting over $I00,000 in cash and loose diamonds that were in her car when I was stopped by police and Ms. Pearle told me she committed the perjury at the direction of her brother, Mr. Clark, who was representing me at the trial, because he did not want the Judge at the trial to know that she and her mother, Dorrace Pearle, were involved in the buying and selling of diamonds from their Dallas Antique business. Later I learned from Ms. Pearle and an employee of a high-profile jeweler who was a client of my CPA practice that Ms. Pearle and the jeweler were involved in the buying and selling of stolen jewelry and money laundering in the millions of dollars and that she had been previously involved in prostitution and illegal drug businesses in Dallas since she was a teenage girl and high school drop-out. I also informed Mr. Johnson of my 1999 and 2000 contacts with IRS-CID Agent Bonnie Stone and Linda Sivley from the Fort Worth Office of the IRS and how Agent Stone had informed me of Ms. Pearle's investigation by the IRS and its being turned over to the U.S. Secret Service and when Ms. Pearle learned of these events (through illegal wire-taps) she said she would have me "killed" for talking to the IRS about her business.

Attorneys; Mr. Johnson, Mr. Parks and Ms. Hemphill all have a conflict of interest with the above judges and attorneys because they either represent clients in front of these Judges or are appointed by these Judges to represent clients before the courts or as in Ms. Hemphill's case actually sat on the bench as a Dallas County Judge and the fact that they are aware of Ms. Pearle and her families criminal activities and bribery of these public officials is apparent by their continued lack of or adequacy of representation of my interests at my trial and during my State Direct and Habeas Appeal processes. This "conflict of interest" and "affected inadequacy of representation" is similar to that established as a grounds for violation of my 14th Amendment Right and which can be relieved by grant of Habeas Corpus per CUYLER v Sullivan, 100 S. Ct. 1708 (1980) and undermines the proper functioning of the adversarial process so that my trial cannot be relied on as having produced a just result and protected my 6th Amendment rights per STRICKLAND v Washington, 104 S Ct. 2052.

I have previously attempted to inform the courts of these Inadequacies of Assistance of Counsels and Conflicts of Interests with Counsels with absolutely no response from either the trial court (wrote on February 4, 2004 and July 24, 2005) or the C.C.A. (6/18/4, 7/6/4, 7/20/4, 9/9/4 and 11/1/4) per CHAPMAN v U.S., 469 F .2d page 635. On August 12, 2005 I wrote the Supreme Court of the United States to inform them of the INADEQUACY IN THE ASSISTANCE OF COUNSEL as well because Mr. Parks refused to file a Writ of Certiorari on my behalf and waited until less than 10 days of its due date to inform me of his intention not to file.

In addition I have copied both courts regarding an additional conflict of interest and prejudice by these appointed trial and appeal attorneys in my letter to Mr. Bill Hill, Dallas District Attorney, dated April 21, 2005, in which I attempted to outline the unethical and criminal activities of an attorney or attorneys under his offices supervision as well as other criminal acts committed in Dallas County including:

- Illegal wire-taps by police officers

- Criminal witness tampering by attorneys and police

- False police reports and false public records and tampering with

- Corruption by public and elected officials

These acts, again, were disclosed to both my trial and appeal attorneys and their obvious conflicts of interests have kept them from bring­ing these facts forward for cross-examination, impeachment, motive, or even defense or mitigation, but they have all refused to impeach Ms. Pearle's perjured testimony’s and the only basis for the State's "probable cause" for its illegal warrant less search and seizure which the court allowed only because it refused to allow Ms. Pearle to be questioned or cross-examined regarding her own admitted "murder" or "killing" or any of the other illegal activities that the five law enforcement agencies have documentation of including the Dallas District Attorneys office. (One would wonder if Ms. Pearle has kept records of all the officials she has bribed, provided prostitutes, drugs, and stolen jewelry and antiques to.}

Also there was documentation of only about $3 million of Ms. Pearle's illegal activities in my home in May of 2001 which was either taken or stolen by the police (Ms. Pearle's lesbian girlfriend, Highland Park Police Sergeant Kathrine Justice was given full access to my home by Dallas Police without any documentation of what she took or left) or the Dallas D.A. and has been illegally hidden from me in violation of the Brady Rule per BRADY v Maryland 373 U.S. 83 (1963), but my father and a Mr. John Zale, CPA were able to recover a folder containing all original documents which he made copies available to the Dallas Morning News and Mr. Johnson who, again, because of his conflict of interest hid the documents from me and refused to introduce them at trial to impeach the credibility and character of Ms. Pearle or even her motive to commit "per jury" or "murder", again. Mr. Johnson has suppressed these documents as well as the prosecution and has failed to make them a part of my trial file in violation of work products doctrine and other ethical ABA Rules and Guidelines which he continually violated during my representation.

In the state's Response To Grounds One they state a forfeited claim by failing to present it to a trial judge as an Objection, but trial counsel, Mr. Paul Brauchle, did raise an Objection during the jury selection when I pointed out to him the continuous signaling and head movements by the Judge (Warder) and the two prosecutors, Robinson and Kirlin, during the almost three months of jury selection (January 28, 2002 through April 5, 2002.)

I had observed Mr. Robinson and the court-reporter, Ms. Belton, signaling each others opinion of each prospective juror with a Post-It Note with a large dark magic-marker arrow either pointed up – to indicate their approval of the juror giving me the death penalty – or the arrow pointed downward – indicating their disapproval of the juror giving me the death penalty. I noted they would change the direction of their arrows as the questioning of the prospective juror progressed until a decision was made regarding to either, pass, strike or seat the juror. Ms. Belton placed her arrow on the front or face of her little typing machine away from the juror and Mr. Robinson placed his on the side of the side of his table next to the defense table. At first I assumed the Judge could not see this activity, but then it became obvious that she was aware of it and was in turn signaling back with very slight movements of her head or what appeared as some type of body language (like the signaling between a baseball pitcher and his catcher, but much more subtle and less obvious.)

Then I began to notice that my trial counsel, Mr. Johnson, was also placing a Post-It Note on the side of the defense table, next to Mr. Robinson's table, but was keeping his hand over it so the juror wouldn't see the Post-It Note and sometimes he would place it on the side of a folder or soft drink bottle on the table (he sat at the opposite side of the table from me.) It appeared when they were all in agreement to the juror - all up arrows - the Judge would appear to be giving signals or body language to the juror who would some-times pick up on the signaling or indication of which way he or she should answer the questions. Then I would watch the juror look from the Judge to the prosecutors for his signal as to how he was answering the questions and at one point you saw the judge, the two prosecutors and Mr. Johnson all nodding their heads up and down in approval of the juror’s answer.

When Mr. Brauchle finally understood what I was talking about he stood up and OBJECTED to the Judge and prosecution "bobble-heading the witness", but I am not sure if the practice and signals just became less obvious for me to discern. So the Objection to the misconduct during the jury selection was raised and the Direct Appeal attorney, Mr. Parks, (as if on cue himself) told me he couldn't raise the  Batson or prejudicial Objection to the selection and questioning of the jurors because it was not reflected on the record "verbally." This is only a pretext for racial and ethnic discrimination which the State and more specifically Dallas is famous for in the recent MILLER-EL v Dretke 125 S. Ct. 2317 (2005). I lived in Dallas for 20 years and knew enough to never tell anyone I had Jewish blood and as soon as my wife turned on me and filed for divorce she told all of our Hiqhland Park neighbors that I had hid that I was a Jew (which she knew) and was a “nigger” and a "WOP" because I was Italian.

Sincerely,

JohnDavid Battaglia

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