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 you hear me?
A Yes sir.
Q You were/
A I 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 No sir I don’t.
Q Ok, Why do you think he didn’t shoot her?
A After talking with Danny I don’t see Danny being that type of person, after all the
hours and 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.
A 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 blackout?
4 minutes
A Yes sir. That was his words. Exacly, that he had blacked out
Q Uh huh. Well, he was –
A He said he kinda blacked out then fell off to sleep That’s what Danny told me
Q He had a 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
of times, 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 No sir. Nothing at all.
Q OK
A Its just out of guilt and remorse,
Q OK.
5 minutes
A That I 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 I 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?
3
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.
Q Was this mostly Ellis’
A Yes.
Q doing or Kimbrough.
A Ellis.
Q OK.
A Ellis was filling in the details.
Q OK
A 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
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 oin the middle of the second meeting with Kimbrough
and Ellis.
A I’m going to back up a second. Get cut off. I got a medical emergency –
(PAUSE) Oh I’ve got to hang up.
Q Ok call me back.
A They’re locking everybody down.
Q Call me back when you can
A I’ll call 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.
A Right.
Q Just to refresh you.
A Right
Q So go ahead.
A . OK. So we spent a couple hours of going through details that I didn’t know that
they filled me in with to kind of perfect my testimony, and how to act during questioning.
5
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 .Uh, the last time I went to prison in Orange
County, which I believe was somewhere in the mid nineties
Q OK.
A She was appointed to me.
Q OK.
A And I 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 Uh huh.
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 I 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
thay 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.
Q Yeah, yeah. OK. Uh, were you a part of or are you aware of any other cases
that Kimbrough shaped and molded the evidence and everything to obtain a conviction?
A No sir. I was referred to before my release from jail at that time during that case,
when I was being released by Mr. Ellis, I was told to contact Sheriff Jefferson and Lynn
Arceneaux, detectives of the city police department, as part of my release I was to work
with them on some drug busts and setups. That’s what he said.
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.
18:00 MINUTES
Q In his closing remarks to the jury, from page 187 and 188 of Volume 4 of the
Daniel Meehan trial transcript, District Attorney John Kimbrough makes this statement to
the jury: …and I quote, “there was nothing in those convictions that he (Harris) was a
7
liar, and he's not a killer like the defendant is.” And then Kimbrough continues: “And I
would advise you not to take a check from Gary Harris. But I'm telling you, you evaluate
his testimony and everything, as it fits to the other evidence; and it's true. He's telling you
the truth in this case.” What do you make of that?
A I had some lingering charges. Misdemeanor charges for hot checks.
19:00 MINUTES
Q No, no...What I am saying, he’s saying that Harris is telling the truth.
A That’s what I am saying.
Q Oh, OK
A As far as me writing a check to you they would be worthless. As far as me telling
you they are good, they’d be worthless. I’d be lying.
Q Yeah?
A But due to the fact that my testimony coincides with the evidence, it’s like hitting
a nail on the head with a hammer. It was accurate.
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
charges had been cleared, not long 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 So he 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. We have the documents whereas the Grand Jury Indictment for felony was
8
ignored and new misdemeanor charges were invented. There would be no other reason to
reduce those charge would there, except to pay for you for the favor? You understand?
A I understand, 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 Well no. 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 attorney 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 attorney’s office. But is was like a 20 year old travel trailer.
Q OK, but he did do the favors?
A Yes.
Q Now, there was something about you selling Elival in the, in the jail? That Karla
had asked you about? Do you remember that?
A No sir. I don’t remember that
Q There was a charge.
A It was on there. Yes and they had found some on my bunk during a search.
Q And there was a charge.
A I don’t recall a charge.
23:00 MINUTES
Q Well, evidently, they dropped the charge. But she brought it up and Kimbrough
objected and I think it was sustained.
A Well, if it was I don’t remember, but yes, I was on Elival at that time.
Q Yeah, OK. I’m going to ask you this question: Are you aware that his omissions
(Kimbrough) and total deception, does not free 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 I 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 victim, 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 In relation 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.
9
A No.
Q OK. Tell me about that little drawing.
A Refresh my memory.
28:00 MINUTES
Q OK. Exhibit 47they 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 I’m still not familiar with that. I don’t, I, I’m not going to lie. ------ the envelope
----- knew what was on it it might refresh my memory.
Q Well, it was a drawing the way the bedroom was, and the way, the way you , the
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 You don’t remember that?
A No sir. 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.
Q Yeah. Alright, did you ever go to Danny’s bunk or anything and try to get any of
his papers?
A No
Q No. OK.
A Danny always come and sat at my bunk and talked to me.
Q Ok. OK. Were you given preferential treatment after that 16th of December?
A Uh, no sir.
Q Did they ever put money into your account?
A No sir.
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 In a minute.
Q In a minute?
A In a minute!
Q OK.
A If I’m still around.
Q Oh, you’ll be around. Don’t worry. We’re going to make sure of that.
A Well, I just ho pe its not -----(unintelligible)
Q No, no, no, no well, you take all of the therapy and everything that you can get
and turn your ass around. OK?
30:00 MINUTES
11
A Well. Like I explained to you before, I don’t have a lot of time left. I’m spending
my time believe it or not praying.
Q Yeah?
A And I do
Q Well you just keep on
A --- times a day.
Q Keep on. And say that prayer.
A I will. I done did. And my honest—When I told you about spending time with my
children. That is, that was from the bottom of my heart. That’s all I want.
Q Do you want me top call your twins?
A No.
Q No? OK.
A I’d rather—
Q OK, OK. Listen, you want to tell me about that plant?
A Plant?
Q You know, when you planted the drugs?
A Oh, that was somebody named O’Neal on First Street in Orange.
Q O’Neal?
A Yeah, O’Neal Baught, I believe was his name. It was like
Q O’Neal, was that a last name?
A Firat name.
31:00 MINUTES
Q O’Neal what was the last name?
A His name was Broughton, O’Neal Broughton.
Q How do you spell it?
A Broughton , something like that.
Q OK. And they convicted him?
A Yes. He did local time.
Q Is he in jail now?
A No.
Q Would he be the one to come after your ass or what?
A No, I’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.
Q OK. Well, would you mind if I called him?
A 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 worried 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.
12
Q OK.
You know?
Q OK.
A I would be glad for the guy to have it back. I had $50 ---- money – I tried to find
a tire at 7oclock 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.
Q Is it anywhere he can go and get it?
33:00 MINUTES
A Well, my wife could go out, we’ve been together two years common law. She’s at
her daughter’s house in Dequincy, Louisiana, And, I don’t have the number, or nothing. I
just know where the house is at. That’s where I had her go and stay until something got
figured out on this matter.
Q I mean the tire and the rim. Is that accessible?
A It’s in my truck. It’s in the bed of my truck.
Q You mean it’s just laying in the bed?
A Yes.
Q So somebody else could steal it?
A No, it’s in my daughter-in-law’s yard. A fenced in yard. Nobody could touch it.
Q Alright. Well, listen, we’ll work on that, alright?. And I will talk to Royer also.
A Oh, the deal --- with the checks, yes, I wrote, there was three checks. Uh, I signed
his name on all three, and they were like a hundred or less. And then, I ‘fessed up to him
34:00 MINUTES
what I did, and I paid him back, when he paid me I paid him in cash. He said he wanted
cash. And I asked him for the checks and he said he didn’t have them at that time. He
said they weren’t back from the bank. But he looked me dead in the eye in front of my
wife and said, “Would a handshake be good enough and my word,” and I said yes sir.
That man stood up and shook my hand
Q OK.
A ---let that go. And I went to jail for an old traffic ticket in Orange County over in
Chambers County. Nelson came and paid $400 and got me out cash. And I paid him that
out of my first check. I was making $1600- $1700 a week in Nelson’s shop. I was
working on 40 percent commission.
Q Yeah.
A I made that man so much money is wasn’t funny.
Q OK. ..Alright, we can work on those things. The main thing is to get your act
together. OK? And we will, we will do whatever we can at the proper moment and time
to put Ellis and Kimbrough in their place. OK?
A OK.
35:00 MINUTES
Q ‘Cause that’s going to go in with Danny’s Affidavit and if there’s a special
hearing would it be OK if the lawyer calls you? Cobb?
A Yes.
13
Q OK. ‘Cause I don’t know how its going to come about. You know? ‘cause he’s
been running his ass off . I haven’t even been able to talk to him. He sent him an email. I
sent him an email last night, with these questions, you know, to go over. It’s like a cross-
examination, you know to clear it with him and, see of he had anything else and he said
that’s fine. He said that’s all we need.
A Well another thing, I’m saying, with less than three months in my behalf, what’s
going to happen, I mean you know all you’re going to have is my, what you’ve just
recorded.
36:00 MINUTES
Q Well, what you do is, you just, you work on yourself. OK? You really mean every
word, and make use of every minute of those three months. And maybe you’ll have
longer. Like I said, you may have 30 years. You may have longer. You know, you try to
do what’s good in your heart, man. It comes back
.What goes around comes around. So what you’re doing right now is about the best thing
you could do on your life, to free Danny. Just think of him sitting in there for 99 years.
I’m sure you have.
A Yes sir, I have.
Q And we’ll try to help you alright?
A I’ll appreciate anything you can do.
Q Well, I’ll do what I can. You’ve got to want it and mean it and be truthful with
me.
A Another thing I’d love, I know Nelson’s probably mad at me but me and him were
good friends at one time. I’d give anything to go back to work for that man. I really felt
bad and I told him and I ---- cash.
Q Yeah.
37:00 MINUTES
A All I’m wanting to get back to work and spend what little time and money I’ve
got and be with my children. That’s all.
Q Where are your twins now?
A They’re in Henderson, Texas.
Q In Henderson?
A Yes sir.
A My wife, I haven’t even heard from her there in Dequincy. .All I know is – I
don’t even know how – no way to get in touch with her. I just know where the house is,
and how to go there.
Q Well, whats her name?
A Joyce Hollingsworth. Joyce Marie Hollingswirth
Q She’s your wife? Ex-wife?
A We’re common law marriage. She uses my name She promised she would
standby me, she’d write me every day and I haven’t heard the first word, nothing.
Q OK, now is Joyce –Joyce?
A Yes J- o-y- c-e.
38:00 MINUTES
Q And the twins with her?
A No, she’s at her daughter’s house in Dequincy.
Q Oh, OK, Joyce is?
14
Q Well, you see, that’s got to go through a whole lot of things and they wouldn’t
pay you anything until everything is done. See? But we’ll work on it, Gary. We’ll work
on helping you out. OK? Where would you go if you get out?
A Back to my job at the Red Carpet Inn, right here in Beaumont.
Q OK, OK
A That’s where I’d be living.
Q Ok I’ll talk to Bruce Cobb and hopefully he has time to go and see you. OK?
We’ll try to help you.
A Thank you man, you’ve eased the burden.
Q And helping you is not doing this for Danny, helping you is because you want to
help yourself.
A Yes sir.
Q Well, actually, actually you’re helping Danny, but I don’t want anybody to
misconstrue that you getting paid for all of this, ‘cause they’ll say ,”Oh, he’s lying
again.” And we don’t want that.
A But –
Q OK. We have the documents whereas the Grand Jury Indictment for felony was