AFFIDAVIT Now comes Gary Wayne Harris, presently incarcerated in the Jefferson County Jail in Beaumont, Texas and hereby SWEARS and DECLARES under the PENALTY of PERJURY, that | am over the age of twenty-one (21), am of sound mind, and make the / following statements, and am ready, willing and able to testify to these statements: 1). testified for the Prosecution in the trial of Danie! Paul Meehan on or about February 3, 1998, He was convicted of murder in Orange County, Texas on or about February 6, 1998, and sentenced to 99 (ninety-nine) years 2). The testimony that I gave was not the truth and some of it was fabricated by District Attorney John Kimbrough and Detective Mark Ellis at one of several meetings I had with them starting on or about December 12, 1997. I was incarcerated at that time in the Orange County Jail on a parole violation, and was also awaiting a hearing for theft of 3). District Attomey John Kimbrough knew full well of the fabrications he and Detective Ellis had instructed me to testify to in regard to Daniel Mechan, and granted me ae See vis ER AL- PeKjuk On April 10, 2007, ithad been se up in advance that I would call Daniel's Uncle Donald Meehan collect from the jail to his residence in Sun City West, Arizona and consent to have him record the conversation between me and Mr. Meehan. Mr. Meehan hhad me swear to tell the truth and nothing but the truth, just as if I would be testifying in a court of law. There were four phone calls, three of which the phone company shuts down after fifteen minutes. The entire recording was a little over 41 (forty-one) minutes. Following are excerpts from that recording, transcribed with “Q” for question from Donald Meehan and “A” for answer from the affiant. The time is inserted for easy identification in the recording. The recorded testimony follows: 5).Q_ This is Donald Meehan and I am in Sun City Arizona and talking to Gary Wayne Harris who is presently in the Jefferson County Jail in Beaumont, Texas. Today is April 10, 2008. And Gary, do I have your permission to record this? A Yes, sir I do. Q OK. Do you swear that you will tell the truth and nothing but the truth, so help you God? A Yesido. Q OK, so it almost like, hey, would you go and be a witness for Danny (Meehan) if he gets a new trial? A Yes, I would.Terre rrrrrigrarigre Q OK. Alright now. You are aware that Danny Meehan was tried and convicted and sentenced to 99 years A Yes Q So that’s correct. Do you think your testimony was the de jury’s finding? A Pmsory, I cannot hear you. ing factor in the Q — Doyou think your testimony was the deciding factor in the jury’s finding? A [know it was 1min Q You know it was? Can you elaborate on that? A Given the details of the case prior to the trial by Mr. Ellis, ub, in John Kimbrough’s presence, that I repeated during the trial was the end, was the last testimony in the prosecutor's case, I knew beyond a shadow of a doubt that my testimony was the, the, the key testimony that made the jury’s decision. Q Well, how can you be sure? A Due to the fact of the details into the case that no one else would have known ‘except for the fact of a person that would have been there at the time of the incident. Q OK, And Ellis was there? 2 min ‘A No, Bilis was the investigator for John Kimbrough. Q _Tknow, but he was there. He was one of the first on the scene. But he knew all about the evidence. A ‘Yes. Q He knew all, everything that was going on? A Yes, sir. Q — Andhe’s the bad guy here. One of them. OK, and Kimbrough was in there too? A ‘Yes, sir. \ Q OK, Sowhy are you telling me this after ##(10) years? ‘A Because (interference noise) lies, and regardless of my past and my history, I’m still a human being and coming to point in my life where I have no life left due to illness and some of my last thoughts are to try and right some of the wrongs that have occurred in my life. Q Ok, so basically you are feeling remorse for Danny Meehan after those years? (Pause) 3 min Q Did youhear me? A Yessir. Q — Youwere~ A [feel a lot of remorse for Danny because Danny, according to Danny, me and Danny were in the same cell block together and talked many hours. Danny told me he had been drinking, but he said he knew in no way he shot that woman because he loved her. Q Well, do you think he shot that woman? A NosirI don’t Q Ok, Why do you think he didn’t shoot her?After talking with Danny I don’t see Danny being that type of person, after all the vors.aiid-hours-we spent together, and due to Danny's own words to me that he could ‘Barely make it in the house, trailer house there in Pinehurst when they got home, because *he:had been drinking. Q: Yeah. They were arguing, That he went in and went to the bedroom, and they were ‘arguing, Then he said he passed out on the bed and went to sleep. Q ‘Possible that he was in a blackout? 4minutes ‘A Yes sir. That was his words, Exacly, that he had blacked out Q — Uhhub, Well, he was ~ A He said he kinda blacked out then fell offto sleep. That’s what Danny told me Q He hada history of blackouts. Everybody knew that, and the district attorney Knew about it because of the statements. And that’s one thing they didn’t try to investigate, of his alcoholism and his almost being, almost being, almost dying a couple oftimes, and going to the hospital for overdosing and everything, you know over. But he had had about 18 to 20 beers that night and he was, from what I understand, he was, he was pretty close to dying himself that night. But anyway, uh, so we haven’t offered you any money or anything for what you are telling us? A Nosir. Nothing at al Q OK A Its just out of guilt and remorse, Q. OK 5 minutes A That feel towards what happened. And one of ~ I'm trying to clear my conscience and clear my life with the Lord before I pass on Q OK. A And/J just, I want this wrong, the one major wrong in my life to go straight. Q Alright, can you tell about the events that occurred while you were incarcerated with Danny in the Orange Jail in December of 1977 (1997) which was about a month and a half before the trial? With Ellis and those guys? A Pimgoing to tell you what I know. Q Well, that’s all fam asking. ‘A Las brought into the Orange County jail on a parole violation, Blue Warrant. Uh, I was in a ceil block with Danny in the new part of the Orange County Jail, the dormitory they call it. Q But you were also in there on an Indictment for the trailer. A That was at a separate time. Q No, you were in there at that time, you were in, you know, for the Indictment waiting for tril. Thats what I have here. But go ahead. 6 minutes A [don’t believe that that is correct. Q. OK A Tremember the trailer incident, But the deal, ! was in the cell block with Danny, and me and him become friends and talked and talked and he explained his case to me. information is correct. But | will tell you what I knowPantin “And then he told me was upset. He didn’t know what to do. He told me about his Grinking problems, and about how much he loved the girl. And I can’t even remember her name, About a week after I was in that jail [ was called for attorney visitation. So T went to the visitation. Investigator Ellis, said, I remember, asked me how I was doing, 7 minutes ‘and he said, “As I understand it you’re in here on a parole violation. And I said correct. ‘And he said, “Let me ask you a couple of questions if you don’t mind.” He said, “Do you know Danny Meehan?” I said, “Yes he sleeps in a bunk just a couple bunks over from me. And he said, “Well,” he said, “Do you know anything about this case?” And I said, “Well, I know he’s in here for murder.” And he said, “Well, would you be willing to talk about it?" I said, “Well, what is there to talk about?” He said, “Well, we're in a position where we can do something for you if you do something for us.” You know, at that time I was hooked on drugs pretty bad and alcohol. That was the roughest part of my life and my addiction then, and all I thought about was getting out and not going back to prison. So, I told him I would. Then he said spend a couple days talking to him (Danny), then write him (Ellis) a request or a letter. 8 minutes Q OK, keep these thoughts ‘cause it’s going to shut off any second. Go ahead, A Sol did as was asked and I sent him a couple days later a request form via inmate mail to the district atfomey’s office, and Mr. Bilis retumed and talked to me again about ‘what I had heard from Danny, You still with me? Q Yeah A So he wrote it all down and sent me back to my cell. The following day Investigator Ellis came and got me and took me to John Kimbrough’s office and had me repeat what I had heard. And Mr. Kimbrough asked me if I would be willing to testify and I said yes, You still there? Q Yeah. A So, we went on discussing the case and he elaborated that he was new in his career 9 minutes as district attorney and this would make him look real good in everyone’s eyes. This was his first murder trial. And he wanted a conviction. So, we discussed the case for about ‘two hours, and what things I didn’t know, he elaborated, him and Investigator Ellis elaborated on details such as where the bullets were, and when Danny went to the bed, while she was in the closet getting her clothes, uh the angle of the shot, what angle it was shot from, and it could only be shot from the lower angle, so it was fabricated that he raised the gun up from the bed and shot her at an upward shot ‘Was this mostly Ellis’ Yes. doing or Kimbrough, Ellis, OK. Ellis was filling in the details. OK Uh, That part I know is what he provided, where the bullets were located in the kitchen drawer and ended up. He said, “To even make it sweeter, I want you to throw in POPOPOPOTWEE CRU R RR eee eee one last detail.” And I said, “What is that?” And he said, “I want you to add, whenever, after-- THE FIFTEEN MINUTE CALL IS UP AND GARY CALLS BACK 10:14 MINUTES NEXT PHONE CALL 10:15 MINUTES Q OK, Gary are you there? A Yeah, kind of lost where I~ Q OK, you were telling me in the middle of the second meeting with Kimbrough and Ellis. ‘A [’mgoing to back up a second. Get cut off. I got a medical emergency — (PAUSE) Oh P’ve got to hang up. Q — Okcall me back. A They’re locking everybody down. Q Call me back when you can A P'llcall you right back. OK? Q Alright. 10:52 MINUTES ‘THIRD PHONE CALL 10:53 MINUTES Q Hello Gary. A Yeah. A OK, we were in the middle of you talking to Kimbrough and Ellis, and you were there two hours, and you were saying that they were filling in the blanks, telling you what stuff you didn’t know, where the bullet was and everything. Right. Just to refresh you. Right So go ahead. OK. So we spent a couple hours of going through details that I didn’t know that ey filled me in with to kind of perfect my testimony, and how to act during questioning. ‘Talk closer to the phone. OK, I’m loud as I can talk. OK --- So go ahead. 12:00 MINUTES A OK and they told me how to answer the —- questions that the attorney, Karla Rogers, the defending attorney for Danny might answer (ask), and in the end, Mr. Ellis said that, he said, “I want you to say something at the end that'll put a cap on your testimony.” And I said what is that? He said, “I want you to look straight at the jury and tell them that Danny told you that he told her, that if he couldn’t have her, if she couldn’t stay with him then nobody else could have her. And then that he shot her point blank.” Q And who told you to say that? Ellis or Kimbrough? OPOR>ODOD> A Ellis. Q Ellis did? OK. 13:00 MINUTES A And then, Mr. Kimbrough said, “We know you are in here on a parole violation and may have other charges coming.” He said, “You do this for us and we will, we willheip you. He said, “We know that you are waiting on an answer from you parole for a violation, Gary.” He said, “I'm not making you no promises, but,” he said, “We might be able to help.” So, with that he sent me back to the call. Uh, the next time I was brought over was for the trial, and I, trying to, the trial I think was February 2. Q Right. A And he brought me in towards the end, and I did as I was instructed and testified to what things I heard from Danny, and to the details of what Mr. Ellis and Mr Kimbrough filled me in on, and made the closing statement looking straight at the jury 14:00 MINUTES Just like they asked me to, And then I was taken out of the courtroom and put into protective custody at the Orange County Jail. And I believe I stayed in protective custody maybe two or three days, and then I was told to pack my belongings, I was being released. ‘When were you released? Uh, I don’t have the exact date, but is was a few days after the trial. But it was after the trial You stayed in ‘til after the trial right? Yes. ‘They didn’t put you up in any motels or anything then? No. OK. OK, you had said that, and that was around December, the middle of jecember when they were — Talking to me. Talking to you? December. I think it was late December or early part of January. You know, it’s been what? Ten years so it’s, the dates are a little foggy, 15:00 MINUTES Q OK. OK, but they also, they wh, reduced that felony charge on you. You know that? A Yes sir toa misdemeanor, felony theft of a travel trailer. Q __ Right. Now, you said that Danny’s attorney, Karla Rogers represented you several months before the trial? What was that for? A Yes, She represented me before.Ub, the last time I went to prison in Orange County, which I believe was somewhere in the mid nineties Ore >POPUO>O> Q OK. A She was appointed to me. Q OK. A And was without funds. And she got me a four year sentence in the Texas Department of Corrections on a plea bargain deal, Q OK. Do you think that had any effect on her representing Danny? A I think that in my own personal belief that she shouldn’t have represented Danny ‘cause it’s a conflict of interest, Q Yeah. 16:00 MINUTES ‘A. There I was the star testimony for the prosecution and she had already represented me, plus the fact that while I was in the courtroom giving my testimony, she just sat there like she didn’t have a care in the world, or her mind was of somewhere else.Q — Unbuh. A And the only questions she asked me was, she said, “Gary,” she said, “You are known to go by a different name. Q Yeah, I have the testimony right here in front of me. A By the name of Fuselier, and I said, “Yes Ma’am that’s my birth name, My mother changed my name when later on in years when I was 12 or 13 years old, That's when she divorced my father. Q ‘Yeah. A And [told her. I said, “You should know that.” Q Yean, OK, Did they tell you they had no case against Danny? A Mr. Kimbrough, in his own words in that two hour or so conversation told me they had a case but that it was very weak. 17:00 MINUTES Q Weak. OK. A And he elaborated on the fact that this was his first murder trial while in office and he needed a conviction. He needed it bad. ‘on sonié drug busts and setups. That's what hi Q Well, we can talk about that later if you want to you know, if you are afraid of anything happening with that. We don’t even have to talk about that now. You know? A Yeah. 6). Q OK, We have the documents whereas the Grand Jury Indictment for felony was Q Yeah? OK. D.A. Kimbrough led the jury to believe that no favors were granted, But on page 97 Volume 3 of the Daniel Meehan trial on or about February 4, 1998, D.A. Kimbrough asks you: “Okay, How long at least on this current stay, have you been over in the Orange County jail?” And you said, “Approximately eight and a half months” (And Kimbrough asks) “Okay, Presently, do you have any pending criminal cases pending against you at this time?” And you said, “No sir, I don’t. (And Kimbrough asks) 20:00 MINUTES What are you over there for then?” And you said, “A parole violation.” And further on page 105 Volume 3 , Kimbrough continues: “You don’t have any—you’re not charged with any crimes that are pending; is that correct?” And you said, “That’s correct.” “So we're not able to give you a break on a charge or something? ~ “No Sir.” “To help you, for this testimony?” And you said, “My charges were cleared up long before this.” A ‘Yes sir, Q Uh, Now that was a lie “My charges were cleared up long before this,” was told ‘on or about Feb. 4, 1998, 21 days after Kimbrough’s motion to “dismiss” the case on January 12. And the truth of that really is yes, your favors were already granted and the= = i i" | charges had been cleared, not Jong before this as you testified, but that he had already dismissed the charges three weeks prior to that. Right? A ‘Yes sir. 21:00 MINUTES Q Soe definitely had dismissed the charges before and then he could say to the jury that I don’t have anything to dismiss or change? A Right Q OK, so he led the jury to believe that there were no favors granted to you for your testimony when he had already granted them? A Which was a lie. Q OK. Wehave the documents whereas the Grand Jury Indictment for felony was ignored and new misdemeanor charges were invented. There would be no other reason 10 reduce those charge would there, except to pay for you for the favor? You understand? A Tunderstand, and I'm saying again, the trailer thing didn’t have nothing to do with the trial, Q Ok, but he reduced the charge. A Yes, because the degree of theft did not amount to a felony. The value of the theft. 22:00 MINUTES Q — Wellno. It did. The Grand Jury Indictment said it did. In other words they changed the Indictment and they switched papers, and deep sixed the indictment you see? A Yes, they did. After my attomey had somebody, what do you call it? A private company go out and baggy(?) It said baggy(?) On the trailer and supplied that to the court, to the district attomey’s office. But it was like a 20 year old travel trailer. Q OK, but he did do the favors? NL eyfiontlyth objpted andyhink it was sustained EDRF COE TTT OSES Ta Q_ "Yeah, OK-T'm going to ask you this question: Are you aware that his (Kimbrough’s) omissions and total deception, does not fiee him of the concept of giving “Promises, offers or inducements to the witnesses, including a grant of immunity” as stated in a famous Supreme Court case? A [didn’t catch that Q Well, are you aware that his omissions and his deception, does not free him of the concept that he can give offers and immunity to a witness, like he did you? In other word, he’s not supposed to do that, 24:00 MINUTESA I wasn’t aware of it but it seems reasonably true that something like that shouldn't, would not be allowed Q Yeah, well it is a Supreme Court Case. Now, were you aware that the husband of the vietim, Mark Pieruccini, had ample motives to kill his wife, and that John Kimbrough’s first action in the trial was to suppress any mention of the actions of the husband? In other words, they kept anything about this man out of the trial totally. Do you know anything about that? A I’ve never heard that name. Q Oh, well that was her husband. A Irelation with Kimbrough or Ellis or during the brief time that I was in the courtroom, brought in a time to my testimony and brought out, or any other time. I never knew there was someone else. Q Well, they didn’t want anyone to know that, you see? A ‘Yes sir. Q — Andas it turned out there was plenty of motive. A ‘Yes that stands to reason. 25:00 MINUTES Q So, now he’s still out there you see? And you know, we kind of think we know how it happened. And did you know that there were other fingerprints found in the bedroom that they failed to check? A NosirI didn’t. None of that was mentioned. The only thing that was mentioned to me was specific details to fit in with what I overheard Danny tell me. Details. 7). FOURTH PHONE CALL BEGINS 26:10 Q Ok. We can sort of wrap it up now. Just a couple more questions. OK? A Twas thinking I think. I don’t know when we were cut off. During her one or two questions to me, she (Karla Rogers) acted like she, you know, had something else on her mind, like she really didn’t have time to be there. She kept looking at her watch. It was like a, like a pre set up deal Q Well, she only had four witnesses. And it was. It was sort of like they were all in it together including the judge. A Uh, that’s what I felt you know during my brief moment there, while T was in there during my testimony. It was like it was a, a, a, like a play, Q Yeah. 27:00 MINUTES A Everybody had a role and they were just playing it out, Everybody going through the motions. Q Yeah. Yeah. Volume 2 page 5 of the court testimony, Kimbrough says, he states quote “As soon as I read the statement that was given by Gary Harris, I called Ms. Rogers’ office on January 16, (1998)... and told her of that statement, as well as a drawing, a diagram.” It was established that you gave that statement to Mark Ellis a month before, so that on or about December 16 did you not? So Kimbrough sat on the "statement" for a whole month. OK? A Right. Q And you were in jail all that time. They didn’t put you up anywhere did they? And you were in jail all that time?A Q A No. OK. Tell me about that little drawing, Reftesh my memory. 28:00 MINUTES. Q OK. Exhibit 47 they brought out a drawing that you said that Danny drew on your envelope at one of the meetings you had with Danny. And they put that in evidence ‘and said that Danny drew it on your thing. A Q I'm still not familiar with that. I don’t, I, I’m not going to lie. knew what was on it, it might refresh my memory. Well, it was a drawing the way the bedroom was, and the way, the way you, the ~ the envelope way you had said that Danny had said she was laying on the floor you know? And the closet over here, and the bed over here, and he raised the gun and said “bang” or something like that. A No. Q — Youdon’t remember that? A Nosir. And I’m being honest. That part I don’t remember. All I remember about the bedroom is that she was at the closet and that Mr. Ellis told me how the angle that the bullet --- entry how the angle had to be. 29:00 MINUTES Q Yeah. A, And he said that there was no way that he could have shot her unless he was at a lower angle, That’s when the fabrication come in about him being on the bed and lifting the gun 8), . Q OK. Alright, We can't—It’s up to you~ I’ve got pretty much everything we need here, Gary, and I think, you know, its fine, and would you testify for Danny if he gets a new trial? A Q A Q A Ina minute. Ina minute? Ina minute! OK. If I'm still around Q _ OK, OK. Listen, you wantto tell me about that plant? -HiS name was Broughton, 8°Neal Broughton. How do you spell it? Broughton , something like that.u OK. And they convicted bim? Yes. He did local time. Ishe in jail now? No. Would he be the one to come after your ass or what? No, ’ve done talked to him, He don't know the details behind this but he hugged my neck. He’s a deacon in the church down here in Beaumont, doing real well for himself. (OK. Well, would you mind if I called him? No. I don’t, I don’t. I don’t know his number. I know his nephew that used to work for me. Moses Green, He’s on Pearl. He works on the Eastside rest area between Vidor and Orange, like six in the morning, 6 to 3. 32:00 MINUTES Q OK. Well, we can do that later. But I mean, who were---you were afraid about people in Orange. Tell me who. A I'm wortied about recourse. Q Huh? Ellis? A Yeah, and Kimbrough and reflections on these charges I'm in here on now. Like getting life sentences, or time in prison. The one charge that I discussed with you about I told you I had over that guy's tire. I still have the rim and tire in my truck. Q OK A You know? ao 9 O Q OK - A I would be glad for the guy to have it back. Ihad 3 BE money ~ I tried to find a tire at Toclock at night. Couldn't. And I spent the money, Q Well, is that in safe keeping? A Sir? Q __ Is that in safe keeping? A ‘Yes. 10). The recording runs to where the PHONE IS CUT OFF AT 41:05 MINUTES, but the dialogue to that point is immaterial regarding the behavior of District Attorney Jobn Kimbrough, Detective Mark Ellis and Karla Rogers and the play like atmosphere of the courtroom of Honorable Judge Pat Clark. Gary Wayne Harris (Name of Affiant) § AFFIDAVIT JEFFERSON COUNTY, TEXAS Before me, the undersigned authority, personally appeared Gary Wayne Harris, who, being by me duly swom, deposed as follows: My name is Gary Wayne Harris, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated:SWORN TO AND SUBSCRY 202 © ttotary Public Stote of Texas Notary Public, State of Texas Comission Exes 's printed name: “Iyeuessa Sectors My commission expires (Jt le /, 20/0 ne or A RE Notary's