Rental Inspection Trial Transcript Ocr

7/28/2019 Rental Inspection Trial Transcript Ocr

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CAUSE NO. N0700524

STATE OF TEXAS IN THE RICHARDSON

VS. MUNICIPAL COURT

WENDY MOORE DALLAS COUNTY, TEXAS

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TRANSCRIPT OF PROCEEDINGS

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\0 COpy

On the 9t h day of January, A.D., 2013, the following

proceedings carne on to be heard in the above entitled and

numbered cause be for e the HONORABLE CHRISSI GUMBERT, Judge

presiding, held in Richardson, Dallas County of Texas.

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A P PEA RAN C E S

NICHOLS, JACKSON, DILLARD, HAGER & SMITH1800 Lincoln Plaza, 500 N. Akard StreetDallas, Texas 75201

BY: Mr. Whitt Wyatt

APPEARING ON BEHALF OF THE CITY OFRICHARDSON

RICHARD TANNER, Attorney at Law100 North Central Expressway, Suite 901Richardson, Texas 75080

APPEARING ON BEHALF OF THE WENDY MOORE

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I N D E X

PAGE

Appearances 2Exhibit Index 4

ANDREWS EDWARDS

DIRECT EXAMINATION

BY: Mr. Wyatt 8CROSS-EXAMINATION

BY: Mr. Tanner 25REDIRECT EXAMINATION

BY: Mr. Wyatt 38RECROSS-EXAMINATION

BY: Mr. Tanner 53

FURTHER REDIRECT EXAMINATIONBY: Mr. Wyatt 58BY: Mr. Wyatt 60

FURTHER RECROSS-EXAMINATION

BY: Mr. Tanner 60

PETER BALBAS

DIRECT EXAMINATION

BY: Mr. Wyatt 62CROSS-EXAMINATION

BY: Mr. Tanner 68

LUKE LUCAS

DIRECT EXAMINATION

BY: Mr. Tanner 73CROSS-EXAMINATION

BY: Mr. Wyatt 77

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1 E X H I BIT I N D E X

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PAGE FIRST REFERENCED

State's Exhibit 1 40

State's Exhibit A-1 40






Defendant's Exhibit 1 31

Defendant's Exhibit 2 31

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5 Honor.

6

7 seated.

Page 5

P R O C E E DIN G S

(The complaint was read.)

THE COURT: How does your client plead?

MR. TANNER: My client pleads not guilty, Your

THE COURT: Okay. Th ank you. You may be

8 State, d o y ou have an opening statement?

9

10

11

12

MR. WYATT: I do, Your Honor.

THE COURT: Go ahead.

MR. WYATT: Thank you.

Folks, sorry at th e outset that yo u had to wait so long

13 this morning. Some days we have lots of trials. Some days

14 we have no trials. (Inaudible fe w words), an d you're still

15 here.

16 That being t h e c a se , though, our case is simple. What

17 I'm going to present to you is going to be simple an d quite

18 brief. I've got Code Officer, Mr. Edwards. He's going to be

19 asked to come before you. He's going to go over what h is job

20 duties are, what his functions are. He's going to talk a

21 little bit about this specific case, what needed to be done

22 both on h is part an d on t h e D e f e nd a n t 's part. But, in

23 essence, we're here simply because th e Defendant f ailed to

24 having allowed a tenant an d having rented out his or her

25 house, pardon me, failed to a ll ow t he C it y in to conduct the

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be instructed on the law. I' m not going to tell you

(indecipherable word) about th e law in th e complaint. It

simply states that if you knowingly or unlawfully fail to

make your property available to th e inspector for inspection,

you violate the ordinance.

inspection.

property. And that's it. That's all there is to this

But fo r whatever reason, th e Defendant in this case has

can't determine whether or no t there's fire hazards,

If the City can't ge t in, theyThe City can't ge t in.

minutes. They're in , they're out. They're done. Leave th e

been told and uphold th e City's ordinance and say that they

were guilty of not making it available fo r inspection.

Now, th e one thing I will note to you, the one thing I

electrical wires (inaudible few words) what all they check

for. But it's a simple inspection. They've got to ge t in,

ge t in to do it. They're going to tell you it takes 15, 20

City to do it, which you'll hear from testimony. And is

adamant to this day not to follow the rules that we're all

bound by in the City. So that's -- I' m going to ask you at

th e end of th e trial to review what's been said and what's

anticipate you'll hear at trial, or see at trial, perhaps,

denied to let the City to do it, has spent months denying th e

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1 ar e re d herrings, I'll c a ll it smoke and mirrors, or

2 distraction of th e point. I feel like you've got to be on

3 your guard for that. I think there will be testimony that

4 t r i e s to distra c t you from what's a ll e ge d i n the complaint,

5 which very simply i s that sh e didn't make the property

6 available for inspection.

7 I as k at th e end of the day when you've heard

8 everything, look back over everybody's testimony that you

9 hear, a l l of th e evidence t h a t you've seen and then ask the

10 question, Di d they follow the law? And did they commit the

11 offense? And t h at 's a l l I'm going to as k yo u to do.

12 I appreciate it. Thank you in advance for your time

13 and patience.

14 MR. TANNER: Your Honor, w e ' l l reserve ou r

15 opening argument u n t i l ou r case in chief.

16

17

THE COURT: T h a t' s f i ne .

State, c a ll your f i r s t witness.

Thank you.

18

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20 sworn.

MR. WYATT: State c a lls Andrew Edwards.

THE COURT: This witness ha s previously been

21 You may proceed.

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MR. WYATT: Thank you, Judge.

(no omission)

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1 ANDREW EDWARDS

2 The witness, having been previously sworn to tell the truth,

3 testified on his oath as follows:

4 DIRECT EXAMINATION

5 BY MR. WYATT:

6

7

8

Q.

A.

Q.

Good morning, Mr. Edwards.

Morning.

And for t h e r ec or d I'll amend my question. It's no

9 longer morning. Good afternoon.

10 Why don't yo u tell th e jury how you're currently

11 employed and what your d u ti e s a r e.

12 A. Well, I'm currently employed with t he C i ty of

13 R ichardso n as the Rental Registration Program Officer. I

14 maintain the re nta l program. I make sure -- maintain the

15

16

database, as well as conduct the inspections when an

inspection is required for a re nta l property.

17 Q. Al l right. I guess your title is Code

18

19

Administrator, of what is your title?

A. I -- my official title with the City is Rental

20 Registration Program Officer.

21 Q. Okay. That sounds like a mouth full.

22 What is a rental registration program?

23 A. Well, the City of Richardson has a r ental program

24 tha t requires all properties tha t ar e --

25 MR. TANNER: Excuse me, Your Honor. I' m going \1- ~ ~ " = = . i

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1 to o b je c t t o this question. This is -- we don' t have an

2 ordinance before us, so we don't know what the program is

3 about. Hi s testimony will be hearsay as to what he thinks it

4 ma y be when we have an or dinance in place. If the Prosecutor

5 would like to introduce th e or dinance as an exhibit, I will

6 have no objection to that.

7 MR. WYATT: Your Honor, I' m simply asking him

8 w ha t his job function is and who he worked for.

9 MR. TANNER: Well, he went a little further

10 than that. He's now describing h i s d u t i es . The witness is

11 describing the kind of program that we have, pr esumably, et

12 cetera, et cetera. We have an ordinance that cover s that.

13 And so this witness' tes timony is not is going to be is

14 not as good as the or dinance itself. An d that needs to be

15 introduced into evidence.

16

17

18 that.

19

20 Q.

THE COURT: Overruled.

MR. WYATT: Y o ur H o no r has previously ruled on

THE COURT: Go ahead.

Again, I apologize, Officer, an d if at any time I

21 s h ou l d s a y that if you don't under s tand a question myself or

22 Defense couns el asks, jus t ask us to repeat it. We're happy

23 to do that. I sometimes mumble an d ask terrible questions, I

24 admit.

25 So what are your duties as a Rental Inspection Officer?

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Well, I conduct the inspections when a property

2 manager, owner call us to schedule an inspection. We send

3 ou t notices when we se e that a property is a rental property

4 or -- an d they contact us to let us know that they have a

5 rental property in t he C it y of Richardson an d we conduct an

6 inspection to make sure that th e property is safe an d

7 inhabitable f or t he tenants.

8 Q. Okay. If you don't mind, have yo u d on e o ne of

Or what do yo u do a t

I'm going t o o b je c t, Your Honor.

I've done inspections in the pas t.

MR. TANNER:


Yes.A.

Q. And tell us about the inspection, how long does it

Q. Do you -- after an initial inspection, d o yo u go in

A. We need to get inside the house to be able to

A. The inspection usually takes about 20 minutes.

Q. And what -- what happens in an inspection? Do you

these inspections before?

before this Court today.

take for an --

an d conduct m u l ti p l e o t her i n s pect i on s ?

It's irrelevant an d immaterial from th e issue that we have

inspect to make sure that the property is being maintained in

have to get inside the house?

a safe manner.

that point?

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1 A.

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When we go in , we check to make sure -- we make

2 sure that, such as, windows ar e operable in bedrooms fo r

3 egress to make sure that they ca n -- there's fire escapes fo r

4 the property. To make sure that -- we check to make sure

5 that there's no hole. To make sure t hat there is no exposed

6 wiring, s uc h a s outlet covers missing or exposed wiring,

7 anything in th e ceiling. We make sure that everything is

8 connected an d (indecipherable word) to th e outside. Such as

9 a water heater. Make sure that it's -- that th e flue pipe,

10 if it's a gas, make sure that goes to the outside. We check

11 to make sure there's -- make sure that th e property is

12 there's no holes in the ceiling. Make sure there's th e

13 rood doesn't have shingles missing where you can see th e

14 decking on th e roof. We check to make sure that th e house is

15 being -- is habitable for th e tenant.

16 Q. And, again, I kind of asked a ba d question, like I

17 told you I would.

18 But a fte r that inspection is done, I was just simply

19 asking if you do more inspections, or does it r e al l y j u st

20 require one?

21 A. It just requires on e inspection, unless they're --

22 for th e registration, there's one inspection, unless there is

23 a change in tenants in the future.

24 Q. Okay. Gotcha.

25 Well, back on the 29th day o f November last year, were

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you in your current capacity then?

A. Yes. I was in that same position.

Q. And real quickly, how many years experience do you

have as an -- with th e City, I guess?

5

6

A.

Q.

I've been with t he C it y s in ce 2009.

Al l right. So threeish years.

7 And you've been with this department that long, or

8 other departments?

9 A. I've been with th e community services department

10 since at that since that time.

11 Q. Okay. W el l, b ac k on th e 29th da y of November,

12 2012, di d yo u have an occasion to try to conduct an

13 inspection at 2201 Windsor Drive?

14

15

A.

Q.

No, we were not.

Were yo u -- let me back up a little bit there.

16 A re y ou familiar with th e Defendant, Wendy Moore?

17 A. I've me t he r previously i n t he court, yes.

18 Q. Okay. Prior to court, ha d you met Wendy Moore?

19

20

A.

Q.

No, I've not.

Ar e yo u familiar with th e property located at 2201

21 Windsor Drive?

22

23

A.

Q.

Yes, sir, I am.

Tell us what you know about that property.

24 A. Well, it's a rental property. It's registered with

25 t he Ci ty of Richardson currently as a rental property.

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Q.

A.

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Is it a single family house?

It's a single family dwelling in a residential

3 neighborhood.

4

5

Q. An d does that fall within th e inspection program?

MR. TANNER: Objection, Your Honor. That's

6 calling fo r a legal conclusion within the ordinance now. If

7 he w ould like to have th e ordinance submitted

8 THE COURT: Overruled.

9 MR. WYATT: I'll rephrase, Your Honor.

10 Q. Is it -- it wa s in your job duties -- does 2201

11 Windsor Drive fall within your d ut ie s t o inspect?

12 A. Yes. It's in a residential district.

13 Q. Al l right. Well, tell us when you first became

14 aware that this property needed an inspection.

15 A. Well, we received a complaint that a property wa s a

16 possible rental property. So we sent a notice to th e owner

17 advising them of t he rental program. An d requested them to

18 either (indecipherable word) t o t he p ro pe rt y, o r c on ta ct us

19 an d let us know that the property wa s not a rental and what

20 th e situation was. We were unsuccessful in getting contact.

21 So we issued a citation fo r failure to register the property.

22

23

Q. Letme

back up real quick.

Who -- who wa s th e owner of the property?

24

25

A.

Q.

The owner we have on file is Wendy Moore.

How do you determine who's an owner of a property?

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We look at the County, Dallas County Records.A.1

2 Q. And di d you do t h a t In this particular case?

3 A. Yes, sir, I did.

4 Q. And those records indicated it wa s Ms. Moore who

5 owned the property?

6 A. According to th e Dallas County Office, it is Wendy

7 Moore that's a listed owner at the property.

8 Q. And what d a te d id you send ou t this initial notice

9 that the pr ope rty needed to be registered and inspected?

10 MR. TANNER: Your Honor, that's -- objection.

11 That's irrelevant on the issue before this Court (inaudible

12 word), because it has nothing to do with the inspection on 29

13 November 2012. Therefore, it's i rre l e v a n t material.


15 Q. Go ahead. When di d you send th e initial notice?

16 A. Th e initial notice sent to the owner was in July

17 2000 July 9th, 2012.

18 Q. Okay. And di d yo u receive a registration or

19 inspection at t h a t time?

20 A. No, we di d not.

21 Q. What -- what was the reason the property wasn't

22 if you know, what was the reason th e property wasn't

23 registered? Did you talk to th e owner?

24 A. No. We never got -- an owner d i d n ot contact us .

25 Once we sent th e notices, we never r ec eived ve rba l c onta c t

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1 from th e owner.

2 Q. You testified it was eventually r e giste r e d. When

3 was that?

4 A. The property was eventually r e giste r e d on October

5 18th, 2012.

6 Q. Okay. So July, A u gu st, Se pt e mb e r, October, a few

7 months after --

8

9

A.

Q.

That's correct.

-- in itial notice?

10 Had you made contact with th e owner prior to that time?

11 A. We sent the notices. And then once they failed to

12 make contact, we issued a citation a t t ha t time for failure

13 to register. An d that's when they appeared in court at that

14 time fo r that citation.

15 Q. Well, ho w did you know this property was being

16 rented out?

17 A. The u tility -- u tility -- under the u t i l i t y billing

18 it shows that Peter Balbas (phonetic) is th e current u tility

19 holder fo r th e r e nta l -- f or t he property. And that's a

20 different owner than named in th e property owner.

21 Q. And Peter Balbas is no t an owner of th e property;

22 to th e best of your knowledge?

23 A. To th e best of my knowledge, he's no t the owner of

24 th e property.

25 Q. Okay. It eventually go t registered in October, you

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1 said.

2

3

4

A.

Q.

A.

We registered th e property, that's correct.

What di d you do next ?

They -- after we -- I asked if they--

once we got

5 them to talk, we asked them if they were ready to schedule

6 inspection. They said they di d not want to schedule an

7 inspection. An d so we issued citations for failure to

8 schedule th e inspection.

9 Q. Now, you're talking about "they". Who informed you

10 that they would not allow an inspection?

11

12

A.

Q.

Ms . Wendy Moore, th e property owner.

The property owner.

13 Do you recall a basis for not allowing an inspection?

14 A. They di d n ot g iv e a reason a t t ha t time to why they

15 di d not want to schedule an inspection.

16

17

Q.

A.

So what di d y ou d o next?

We issued a citation for failure to schedule an

18 inspection of th e property.

19

20

Q.

A.

An d that's th e charge we have here before us ?

Yes. That's th e -- yeah. This is th e citation fo r

21 failure to make the property available, that's correct.

22

23

Q. Okay.

MR. TANNER: Excuse me , Your Honor. I t hought

24 we were talking about last October. This -- th e offense here

25 is 29th of November. It has nothing to do w i th O c to b e r.

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2 Honor.

MR. WYATT:

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I'd moved on past that, Your

3

4

5 dismissed.

THE COURT: Correct.

MR. TANNER: Well, there was--

t hat case was

6 MR. WYATT: I haven't made reference to

7 another case, other than this one, Your Honor.

8 THE COURT: Right. Hang on. Hang on.

9 You made reference to some ci t at i ons that were entered

10 for failure to schedule.

11 Is that this citation?

12 MR. WYATT: I believe the witness - - no. The13 witness testified to - - to , I guess, another citation. But I14 haven't - - I haven't asked any questions on that. And what15 we're talking about now is th e current citation. And I was

16 just clarifying that.

17

18 October?

19

THE COURT: Then how did it get i ssued in

MR. WYATT: Well, if I could ask the witness,

20 we could as k him to clarify this point for us.

21

22 this point.

THE COURT: Okay. I' m going to overrule at

23 MR. TANNER: It seems to me we're now involved

24 in the uncharged misconduct here.


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MR. TANNER: And I o b ject to that an d move for

2 a mis-trial, Your Honor.

3

4 Q.

THE COURT: Denied.

Let's clarify t h e r e co r d , Mr. Edwards. The

5 citation that we're -- the charge that we're dealing with

6 today is fo r failing to make property available for th e

7 inspection?

8 A. That's correct. There was a citation previous.

9 There was another citation on October 22nd that was issued

10 for failure to schedule th e inspection. And that was -- an d

11 then that one we that citation was dismissed.

12 Q. Okay. So di d they schedule an inspection?

13 A. The inspection was scheduled. Bu t the property was

14 not made available to conduct the inspection.

15 Q. And tell us about that instance, then. How was it

16 not made available?

17

18

A. We

MR. TANNER: Objection, Your Honor. Again, we

19 a re now going into uncharged misconduct here. The offense

20 alleged in th e complaint is fo r November 29th, 2012. And

21 what happened prior to that, if other offenses ar e alleg ed

22 not being able to enter the premises ar e irrelevant an d

23 immaterial to th e charge in front o f this jury an d us in this

24 courtroom today. It's irrelevant and immaterial.


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Well, let me ask this question. You're referring to

2 how wa s it made not made available on this date as alleged

3

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7

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in the citation; is that your question?

MR. WYATT: That will be my question at this

very moment, if it wasn't.

THE COURT: Okay.

MR. WYATT: I -- I apologize, Your Honor. I'm

getting information, as everybody else in the courtroom is,

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1,

9 from the witness. And I want to make sure I'm clear. But

10 the -- so I'll ask the date.

11 Q. I'm specifically talking about November 29th,

12 Mr. Edwards. What did y ou d o on that date that arose to

13 issuing the citation?

14 A. On November 29th we went to the property. We

15 knocked on the door. No one answered at the property when we

16 tried to conduct an inspection.

17 Q. Okay. And had the -- why were you going out there

18 on the 29th? Had yo u scheduled it for that day?

19

20 this

A. We've -- we've tried to get in contact to make

schedule the inspection on that date. And we went

21 out there and got the inspection.

22

23

Q.

A.

Was there anybody present at the location that day?

On the 29th, no, there wa s no one present at that

24 location.

25 Q. Okay. And so you didn't just bust in and conduct

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1 the inspection?

2 A. No, we d i d n ot .

3 Q. Th e at that point, then, what di d y ou d o next?

4 A. That's when we i s su ed t he citation. One for

5

6

7

8

fa ilu re to schedule the inspection and get in -- conduct the

inspection, we issued a citation for failure to make the

property available.

Q. Okay. So they didn't make th e property available

!

II

9 for you to get in on the 29th?

Q. Al l rig h t. And they had been given notice -- or

what notice had they been given that they needed to make it

15 available to you?

states th at an inspection needs to be conducted for the --

10

11

12

13

14

16

17

A.

Q.

A.

A.

Correct. Th e 29th of November.

That's what you're s ayi ng?

That's correct.

We had -- in our notices th at we s en t f or that

1I1JIt1jiII

1!j

18 when a property is registered.

19 Q. Okay. And let's go ahead an d looking back at this

20 compl ai nt th at you've charged, the registration wa s on what

21 date?

22

23

24

25

A.

Q.

A.

Q.

Th e registration wa s on October 18th.

Okay.

When the property wa s registered.

And then according to the complaint of the Court,



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Page 21

1 they have 30 days after the registration to schedule an d make

2 available the property?

3

4

A.

Q.

That's correct.

Okay. And so the 29th of November, if my math is

5 correct, would be well past 30 days after the 18th?

6 A. That's correct.

7 Q. And had they at an y time between registering the

8 property and November 29th made the property available?

9 A. No. The property wa s not made available between

10 thos e dates.

11 Q. And your testimony was specifically that Wendy

12 Moore told y ou y ou c o u ld n o t conduct the inspection?

13 A. That's correct. We were not able to conduct the

14 inspection inside the property.

15

16

Q. Okay. But --

MR. TANNER: Your Honor, I'm going to object

17 to his witness. That was a non- r es pons ive answer to the

18 question that the Prosecutor asked.

19

20 again, please.

THE COURT: I'll sustain. As k the question

21 Q. Let me be clear. Did Wendy Moore tell you that you

22 were not allowed to go in an d inspect the property?

23

24

A.

Q.

I'm not understanding -- on which -- on which

Well, did Wendy Moore ever tell you personally, di d

25 she tell you or email yo u or anything to that affect,

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Page 22

1 communicate to you that yo u Were no t allowed to do an

2 inspection on the property?

3 A. She said we could no t do an inspection. And t hen

4 at on e point t h ro u gh e m a il s they scheduled an inspection

5 prior - - for6

7

8

9

10

Q.

A.

Q.

A.

date wa s

And who's "they", by the way?

Th e Mrs. Moore and Luke Lucas.

Okay. They scheduled an inspection.

They scheduled an inspection on th e - - th e e xa ctwa s fo r th e 14th is when we had the inspection

11 scheduled.

12

13

Q.

A.

Of November?

Of November 14th is when we had an inspection

14 scheduled. We went to th e property. Th e owner wa s no t

15 present. And th e tenant di d not make th e property - - di d no t16 answer the door an d said that he wa s no t - - the property wa s17 no t available for inspection.

18 Q. Okay. Now, yo u mentioned the tenant said that, or

19 didn't make th e property available. Ultimately, whose

20 responsibility is it?

21

22 really - -23

24

MR. TANNER: Objection, Your Honor. That

THE COURT: O v er ru le d . O v er ru le d .

MR. TANNER: This witness is no t competent to

25 answer that question.



23/87

1 THE COURT: Yes, he is. Overruled.

Page 23

2 Q. According to your procedures and your job and your

3 duties, is it th e owner o r t he t en an t that's supposed to let

4 yo u in fo r t he i ns pecti on ?

5 A. Per the Ordinance it's th e owner that's supposed to

6 make the property available for inspection.

7 Q. Now, di d you contact th e owner after th e 14th when

8 it was not available?

9 A. Once the t en ant d id not let me into the property to

10 conduct the inspection, I emailed th e owner and notified them

11 that th e property was not made available fo r inspection.

12 And, therefore, we were not able to conduct the inspection of

13 the property.

14

15

16

17

18

Q.

A.

Q.

A.

Q.

And approximately when di d yo u send the email?

The same day.

And that would have been th e 14th?

Yes.

And in the tw o weeks following up to th e 29th when

19 yo u went out to try to inspect it again, di d th e owner at an y

20 time

21 A. The owner -- from that point we di d not have --

22 tried to rescheduled an inspection. And we have not had

23 contact on trying to schedule an inspection of th e property.

24 Q. So d id t he owner make any attempt at all to ge t th e

25 inspection scheduled between th e 14th of November and th e

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Page 24

1 29th?

2

3

4

5

A.

Q.

A.

Q.

No, they have not.

But you had notified them they needed to ?

Yes.

Moreover, as you said, as In the complaint, they've

6 only go t 30 days to do it any ways?

7

8

A.

Q.

That's correct .

Have you -- have you been able to get in to do the

9 inspection yet?

10 A. As of yet, we have not been able to conduct the

11 inspection or be able to ge t inside t h e p ro pe rt y to do the

12 inspection.

13

14

15

Q.

A.

Q.

And it's now January o f t he n e xt y ea r?

That's correct .

Now, this area -- a couple of t hi ng s f or t he record

16 I've go t to do.

17 This area, 2201 Windsor Drive, is that w i th i n t h e

18 territorial limits o f t he C it y o f Richardson, Dallas, County

19 Texas?

20 A. Yes. It's inside the City limits.

21

22

23

Q.

A.

Q.

Within your jurisdiction here?

That's correct .

And I assume your jo b jurisdiction for where you

24 enforce laws and ordinances is w i th i n t h e entire Ci ty , o r

25 just a portion of th e City?

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1

2

A.

Q.

Page 25

My area is the entire City for inspections.

Okay. And I know -- had you ever -- you said you

3 met in court Ms. Moore. And I don't know if I asked earlier,

4 but do you see Ms. Moore in court today?

5

6

7

8

9

10

A.

Q.

A.

Q.

A.

Yes.

Can you identify her for us?

She's the -- with the Prosecutor -- the defendant.

The lady to my left here?

The lady on the right is Ms. Moore.

MR. WYATT: Okay. Just so the record

11 reflects, the witness has identified the defendant.

12

13

THE COURT:

MR. WYATT:

It will reflect.

I appreciate it, Officer. I'm

14 sorry -- I apologize fo r my sometimes bad question asking.

15 But I'm going to pass t h e w i t n es s at this point an d let the

16 Defense c o u ns e l a s k questions.

17 MR. TANNER: Thank you, Mr. Wyatt.

18 CROSS-EXAMINATION

19 BY MR. TANNER:

20

21

22

Q.

A.

Q.

You've been with the City three years or so now?

Yes.

Now, you testified that this property was

23 registered on October 18th, 2012?

24 A. Yes, that's correct. It was registered w it h t he

25 City on October 18th, 2012.

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1 Q. October 18th, 2012.

Page 26

So 30 days from then would be

2 November 17th, 2012?

3 A. If that's roughly t he d at e. I don't have a

4 calendar to count out.

5 Q. Well, October has 31 days in it.

6 You also testified, if I remember correctly, that an

7 inspection was scheduled.

8

9 Mr. Tanner?

10

11

12

13

THE COURT: Can you have a seat, please,

MR. TANNER: Oh, I'm sorry.

THE COURT: Thank you.

MR. TANNER: I'm so used to standing.

THE COURT: You're closer to th e microphone

14

15

that way.

Q.

It's better fo r the record.

You scheduled an inspection with Ms . Moore's

16 husband, Luke Lucas, for, what, November 14th?

17

18

A.

Q.

For November 14th, that's correct.

And you and I would agree that November 14th is

19 within 30 days of October 18th; is that correct?

20

21

A.

Q.

That's correct.

Okay. And you went out to t he p rop ert y on October

22 14th November 14th to conduct an inspection; is that true?


24 Q. Okay. Was it just you, or was there anybody else

25 with you?

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1 A.

Page 27

At the time my supervisor, Ey a Hoppy (phonetic) wa s

2 the - - jo in ed me on th e inspection.3 Q. Okay. An d yo u knocked on th e door, or rang th e

4 doorbell?

5 A. Yeah. We k n oc k ed o n th e door, rang th e doorbell.

6 That's correct.

7 Q. So just prior to knocking on th e door o r r ing ing on

8 the doorbell the inspection had been scheduled within 30 days

9 and Ms. Moore's husband said, Luke, Well, yo u can go and

10 inspect that, that's fine with us, right, because he

11 scheduled the inspection?

12

13

A. On the - - exactly howMR. WYATT: Your Honor, I'm going t o o bj e ct to

14 the question on -- well, to the form, for one, I think it's

15 misleading. But on speculation, calling for th e witness to

16 speculate about statements made by others.

17 Q. Well, th e statements were made to you, sir, and you

18 heard them?

19

20

A.

Q.

They were emailed to me, correct.

Oh, okay. Nevertheless, you had an inspection date

21 for November 14th?

22 A. We had an inspection date for November th e 14th,

23 that's correct.

24 Q. Okay. Now -- but that wa s not with Ms. Moore, it

25 wa s with somebody else, but for that property?

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1 A. That property, yes, it wa s scheduled for an

Page 28

2 inspection on t h e 1 4 th .

3

4

5

6

Q.

A.

Q.

A.

And that -- that inspection did not occur?

No. Th e inspection di d not occur.

And it did n o t o c cu r why?

Th e property wa s not made available to us to

7 conduct the inspection.

8

9

Q.

A.

Who refused yo u admittance to the property?

Th e -- Mr . Balbas wa s the on e that answered th e

10 door and said that we were not allowed--

permitted to enter

11 the property.

12 Q. Was Ms. Moore or her husband, Luke Lucas, anywhere

13 near the property at the time yo u s ho we d u p o n November 14th?

14 A. When we went to th e property, no other -- no

15 other -- no one met us at the property. Mr. Luke Lucas or

16 Ms. Moore di d not meet us at the property.

17 Q. Okay. Now, moving on . On November 26th, 2012 di d

18 yo u apply for a warrant to Municipal Judge

19 MR. WYATT: Objection, Your Honor. Th e Court

20 ha s previously ruled on this matter.

21

22

23 Your Honor?

24

25

THE COURT: That's sustained.

MR. TANNER: May we have a s i de b ar briefly,

THE COURT: Sure. Come on up .

MR. WYATT: Your Honor, given the Court's

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Page 29

1 previous ruling, can we have th e jury not be present?

2

3 please?

THE COURT: Uh-huh. Can you remove th e jury,

4 (The jury exits th e courtroom.)

5 THE COURT: Okay. Yes, sir.

6 MR. TANNER: I wanted to go through factually

7 what occurred and didn't occur after they had the (inaudible

8 word) .

9

10

THE COURT: Uh-huh.

MR. TANNER: And then we'l l ge t to th e issue of

11 November 29th. But there was no consultation nor discussion

12 to go on the property at that time with Wendy Moore or her

13 husband. That's what I'm (inaudible word).

14

15

THE COURT: Okay. And your objection?

MR. WYATT: Well, my objection is simply to he

16 referenced to a warrant at all, that he mentioned th e word

17

18

19

"warrant". I feel like that's highly prejudice to a jury.

THE COURT: Uh-huh.

MR. WYATT: And if he talked about th e

20 warrant, we can certainly move for a mistrial.

21

22

THE COURT: Uh-huh.

MR. WYATT: You've already ruled. That's all

23 I'm saying lS we can't -- we can't talk about the warrant.

24 MR. TANNER: You can change your ruling,

25 Judge, now that you know why it's important. It's important

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Page 30

1 because that is the remedy under t he or di nanc e .

2

3

4

THE COURT: I am going to --

MR. TANNER: And it's what he did.

THE COURT: -- reaffirm my previous ruling

5 that the warrant issue, anything touching on the issuance or

6 request of a warrant is no t relevant. An d it will not be

7 brought up i n front o f t he jury.

8

9 record.

10

MR. TANNER: Well, note my exception to the

THE COURT: Yes, sir.

11 MR. TANNER: It's being noted, okay.

12 THE COURT: Uh-huh. Thank you.

13 So any -- while the jury is out, I have ne w copies of

14 the charges that I'll give to both the Defense an d the State

15 in both cases.

16 And I think we're ready fo r the jury to come back in .

17 No mention of warrant. I don't want to hear the word

18 "warrant".

19 Mr. Tanner, when the jury comes back in , just resume

20 your questioning, if you will, without an y reference to any

21 warrant.

22

23

24

25

MR. TANNER: I got it, Judge.


BAILIFF: All right.

(The jury enters the courtroom.)

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1

2

Page 31

THE COURT: You may be seated.

Your witness, Mr. Tanner.

3 Q. You went ou t to the property, th e property being

4 2201 Windsor Drive?

5

6

7

8

A.

Q.

A.

Q.

Yes, the property

On the 29 of November?

T hat ' s c or re c t .

Had you previously scheduled that date with either

9 Ms. Moore o r h er husband, Mr. Lucas?

10 A. No. We had no t made a previous inspection --

11 scheduled date.

12 Q. Let me show the witness Defense Exhibit Number 1.

13 Do you recognize that, sir?

14

15

16

A.

Q.

A.

That's correct.

What is it?

That's th e notice that we sent regarding that we

17 had issued a citation for the property.

18

19

20

Q.

A.

Q.

Okay. And you issued a citation?

It says Citation Number N0700524.

Okay. And that refers to th e case that we're here

21 today on, correct?

22

23

24 2.

A.

Q.

That's correct.

Let me have you identify Defendant's Exhibit Number

25 Do you recognize that, sir?

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1 A.

Page 32

This is our -- ou r standard citation form for a --

2 f or t he -- for i s s ue of citation for failure to comply with a

3 City Ordinance.

4 Q. And it's what you s e nt Ms. Moore with that letter,

5 correct?

6

7

A.

Q.

Tha t ' s correct.

Okay. But I want to make sure we're clear here.

8 There was no effort on your part to schedule an i ns pe c t i on

9 for November 29th; is that c orre c t ?

10

11

12

A.

Q.

A.

At that time, that's when we went back.

You didn't make any?

We had not been contacted by the owners o f t he

13 property to schedule an inspection for that da te .

14

15

16

Q.

A.

Q.

And you didn't co n tact either of them, did you?

We had tried to c ont a c t them previous.

Did you contact them after November 14th, 2012

17 prior to sending this letter and this citation?

18

19

A.

Q.

P ri or t o that, no, we had not made c ont a c t .

Nor made any effort to co n tact them; is that

20 c orre c t ?

21

22

23

24

25

A. We issued a citation that's --

Q. This citation?

A. Yes. Tha t ' s the

Q. That came with the letter

A. That came with the letter.



33/87

1

2

3

Q.

A.

Page 33

-- after you went out to the property?

That's correct, sir.

MR. TANNER: Your Honor, we would move to

4 admit Defendant's Exhibits 1 an d 2 to th e jury.

5

6

7

8 Q.

THE COURT: Any objection?

MR. WYATT: No objection, Your Honor.

THE COURT: T h e y 'r e a d mi t te d .

So have you made an ef f or t ei ther with the tenant,

9 Peter Balbas, or with Ms. Moore o r Luke Lucas for an y

10 inspection since November 29th?

11 A. No , we have not. We have not been in contact with

12 them since that date.

13 Q. And you have not attempted contact with them,

14 either; is that correct?

15 A. That's correct. Once we issue a citation, we -- it

16 goes up to th e Court to decide.

17 Q. Okay. Now, this ordinance doesn't apply to

18 homeowners, does it?

19

20 conclusion.

21

MR. WYATT: Objection. That calls for a legal

MR. TANNER: Your Honor, he's been giving us

22 legal conclusions all through hi s testimony.

23 MR. WYATT: He hasn't identified what

24 ordinance he's talking about.

25 MR. TANNER: Well, the ordinance we're



34/87

Page 34

1 litigating here today, 6-474.

2

3 objection.

THE COURT: I'm going to overrule your

4 You ca n answer the question, please.

5

6

A.

Q.

Can you repeat, please, repeat the question?

Does this ordinance that we're litigating here

7 today, or involved with here today include homes owned by

8 individuals that reside therein, as opposed to landlords an d

9 tenants?

10 A. That's a policy question that under my supervisor

11 ha d advised me to inspect rental property. On that, on th e

12 c as e, t h e o rd i na n ce , I would my supervisor would be th e

13 best to answer that question as to the -- whether rental

14 property -- homeowners are required.

15 Q. So are you telling us you don't inspect properties

16 owned by the residents, only properties that are rental

17 properties?

18

19

A.

Q.

I only inspect rental properties.

Okay. And you were told to do that by your

20 supervisor?

21 A. Yeah. I was -- I was -- I've been advised to

22 inspect rental properties by my supervisor.

23

24

25

Q.

A.

Q.

And who is your supervisor, sir, or was?

Don Magner is the director of ou r department.

Okay. And I believe he was sworn in as a witness

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1 h e re t o da y ; is that correct?

2

3

A.

Q.

Yes, he was sworn in.

Okay. Ar e yo u familiar with th e Texas Property

4 Code, in particular Chapters 91 an d 92 ?

5 A. No, I'm not. Those two, I'm not fully familiar

6 with them.

7 Q. Do yo u know that they apply to rental properties,

8 landlord/tenant relationships in th e State of Texas?

9

10

A.

Q.

What was that again, sir?

Do yo u know if Chapters 91 an d 92 apply to

11 landlord/tenant relationships here in th e State of Texas?

12 A. I 'm n o t fully aware of t he Property Codes with th e

13 State of Texas on Chapter 92 or 91.

14 Q. And you would not be familiar between an y similar

15 provisions in th e Texas Statutes versus a City Ordinance,

16 would you?

17 A. I ' m a d v is e d to enforce th e City Ordinance that the

18 City has adopted.

19 Q. But my question lS whether or not yo u have done any

20 comparison between th e State Statutes an d th e City Ordinance?

21

22

23

A.

Q.

A.

I have -- I personally have not.

That wa s my question. Thank you.

Personally I've not make th e comparisons.

24 Q. Okay. Is it customary for yo u to , during the

25 inspections you've personally conducted, videotape th e

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1 interiors or exteriors of residences yo u inspect?

2 A. No . I do not videotape when we do an inspection of

3 th e property.

4

5

Q.

A.

Okay. What about photographs?

Photographs, we do occasionally take photographs,

6 if a violation -- if it's a violation that needs to be

7 addressed.

8 Q. Okay. So you might take a p ictu r e, if yo u think

9 something needs to be corrected?

10

11

12

A.

Q.

A.

That's correct.

Just as a m a tt e r o f g en era l policy, right?

Yes. So we have a photo of the violation so that

13 we ca n reference it in th e f u tu re t o the owner, if they would

14 like.

15 Q. Okay. It has been reported that there were some

16 64 4 inspections under the Rental Inspection Ordinance. Do

17 you know that to be a fact?

18 A. I -- it's approximately. I don't know t he e xa ct

19 th e exact number of inspections we conducted in 2012.

20 Q. Do you what would that number be ?

21

22

23

24

A.

Q.

A.

Q.

Th e number?

Of inspections.

I don't have an exact number in my -- in my --

How about approximately is good enough for ou r

25 purpose today.

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MR. WYATT: Objection. Calls for speculation

2 and a t this point, I think relevance. I still don' t

3 understand how this is r e le v an t t o the charge.

4

5 Q.

THE COURT: Sustained.

Now, to your knowledge, this is the only case

6 pending against Wendy Moore; i s t hi s correct, in reference to

7 2201?

8 A. Currently this is the only case that I'm aware of

9 that we have with Wendy Moore with 2201 Windsor Drive.

10 Q. Okay. And your complaint is the property wasn't

11 made available to you, the property wasn't made available to

12 you fo r inspection?

13 A. As -- since th e time we i n i t i al l y sent the notices,

14 th e property had not been made available to conduct a rental

15 inspection.

16 Q. And you're blaming t he l an dl or d, o r owner o f t he

17 p r op erty f o r that; is that correct?

18 A. We have issued th e citation to the owner for

19 failure to make the property available fo r inspection.

20

21 Your Honor.

MR. TANNER: Pass the witness a t t hi s time,

22

23

24

25

THE COURT: Mr. Wyatt.

MR. WYATT: Thank you, Judge.

(no omission)



38/87

Page 38

1 REDIRECT EXAMINATION

2 BY MR. WYATT:

3 Q. Now, did you - - did you tell Ms. Moore tha t you4 were coming out in November to conduct the inspection after

5 the ticket was issued?

6 A. After the ticket issue, no . Once the ticket was

7 issued, we have no t been in c ont a ct for an y - - to schedule8 an y inspections.

9 Q. And how about prior to the ticket being issued, did

10 you tell her you were coming out November specifically on

11 th e 29th or an y time in that area to come do the inspection?

12 A. No. We we had been in contact saying tha t we

13 would - - we might come ou t do to the inspection, bu t we had14 not - - we did no t set a specific date an d time to schedule15 th e inspection.

16

17

Q. Okay. And - -

MR. WYATT: May I approach the witness, Your

18 Honor?

19 THE COURT: Sure.

20 Q. I'm going to hand you an email tha t appears to be

21 from you. Don't read anything aloud i n t he re , bu t just take

22 a look a t t ha t email an d see if tha t refreshes your

23 recollection.

24

25

A. Yes. On the - - on this email I did - -MR. TANNER: Objection, Your Honor. There's

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1 no question asked of this witness.

2

3 Q.


Yeah. Let me go ahead and ask, did you draft tha t

4 email?

5

6

7

8

A.

Q.

A.

Q.

Yes. I was the one tha t sent this email.

Okay. Who is t h a t email to?

That email is to Wendy Moore.

And in th at -- having refreshed your r eco llectio n a

9 bit, do you recall now, did you ever prior to the ticket

10 being issued tell Wendy Moore tha t you were coming out to do

11 an inspection in November?

12 A. Yes. In tha t email we - - I sent an email saying we13 were trying to schedule inspection fo r that -- in t h a t email.

14

15

Q. Okay.

MR. TANNER: Your Honor, could we have tha t

16 exhibit marked? I know he didn't mark it in to evidence, bu t

17 I need it to be marked because it was used for identif ication

18

19

20

purposes. Prosecution Exhibit Number 1 is

MR. WYATT: T h a t' s f in e .

THE COURT: Are you offering it, or just do

21 you want it -- I'm not offering it, Your Honor. I'll write

22 on here State's Number 1.

23

24

25 only.

MR. TANNER: But since it was

THE COURT: I'll admit it for record purposes

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1

2 other exhibits.

3

4

5 I-A.

6

7

Page 40

MR. WYATT: I ha d previously marked a fe w

THE COURT: Okay.

MR. WYATT: I'm going to start th e next one as

THE COURT: Super good. All right.

MR. WYATT: Because I had already written 1 on

8

9

there. I apologize, Your Honor.

THE COURT: So th is email is admitted for

10 record purposes only. And what is it's exhibit number?

11

12

13 Q.

MR. WYATT: State's Exhibit Number 1.


It's a fair statement to sa y y o u' ve g i ve n Ms. Moore

14 a number of notices --

15 MR. TANNER: Objection, Your Honor. Leading

16 and suggesting th e answer to the witness.

17

18

19 Honor?

20


MR. WYATT: May I approach the witness, Your


21 Q. I'm going to hand you what's been marked S t a t e ' s

22 Exhibit I-A.

23

24

25

MR. TANNER: Your Honor --

THE COURT: It hasn't been offere d ye t.

MR. TANNER: No, they haven't been. Okay.

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1

2

3

Page 41

Are you going to do them one at a time or --

MR. WYATT: I could do them all together.

MR. TANNER: Well, I'm going - - then we would4 object. None o f t he documents have been referenced for

5 relevance in the case we're trying today.

6 THE COURT: A re you offering those?

7 MR. WYATT: I'm about to. Bu t I'd like to ask

8 t h e w i t ne s s some questions about them, first.

9 THE COURT: You do have to authenticate them.

10 B ut then - - wait until he makes his offer an d then I ca n hear11 your objections. Because all I know of is State' s Exhibit

12 I-A right now. So I don't even know what's coming up.

13 MR. TANNER: An d I understand that. B u t w o uld

14 it not be sufficient for Mr . Wyatt to say, A ll o f t hes e

15 letters (inaudible tw o words) November 29th, 2012?

16 THE COURT: Well, there' s no testimony in th e

17 record as to t h at f a ct . So let - -18 MR. TANNER: So that's why I was asking if we

19 could stipulate to that.

20 MR. WYATT: I'll stipulate to that. An d I'll

21 also urge the Court that we've obviously been talking about,

22 Defense counsel an d myself, quite a bit of prior history in

23 this case. And one of the main issues here, I think the

24 Defense counsel is getting at, is whether his client was

25 given notice that an inspection needed to be done.

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2

3

4

5

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7

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THE COURT: Okay.

MR. TANNER: But the criminal charge --

THE COURT: What ar e those?

MR. TANNER: Perhaps it would be best if we

excuse the jury.

THE COURT: Let's do. Sorry.

(The jury leaves the courtroom.)

8 MR. WYATT: I will g et n ea r the mic.

9

10

THE COURT: Okay. One second.

Mr. Tanner, is he related to this case?

11

12 property 2201

MR. TANNER: I'm assuming they concern the

13 THE COURT: No, I'm sorry. This gentleman

14 back here that you've been talking to.

15

16

MR. TANNER: Oh. His is the next case, Judge.

THE COURT: Okay. Well, you can't have any

17 contact with your attorney right now. He's trying another

18 case. Okay?

19 If you want to continue to stay in the courtroom,

20 you're more than welcome to do that. But no passing notes or

21 anything of that affect. Okay? You understand?

22

23

24

Al l right. Thank you.

Okay.

MR. WYATT: Here's what we have, Your Honor.

25 These ar e approximately six notice letters that were s en t t o

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1 both Ms. Moore and Peter Balbas, the tenant. The reason I've

2 now chosen t o r in g these in, and I think it's very relevant

3 at this point, is because Defense counsel has urged and

4 brought in evidence to suggest that either Ms. Moore didn't

5 understand that she had to do an inspection because

6 Mr. Balbas was there. He's also testified that Mr. Balbas

7 was at th e residence and implied that he didn't understand

8

9

that he needed to le t the inspector in fo r an inspection.

I have letters here that directly address to Mr. Balbas

10 that say, You've got to allow an inspection. So I think he's

11

12

opened th e door there and I've got to rehabilitate th e

witness as far as if he gave notice to both the tenant and

13 th e owner o f t he inspection. I didn't do it initia lly,

14 because I didn't think it was going to be needed. But after

15

16

17

he started talking about previous trips out there where

Mr. Balbas and Mr. Edwards were no t allowed to - - Mr. Balbas

disallowed Mr. Edwards to conduct th e inspection, that was

18 prior to November -- prior to th e 29th situation.

19

20

THE COURT: Uh-huh.

MR. WYATT: And he basically prejudiced my

21 case by doing that. So a t now a t t hi s time I need to go

22 ahead and clarify th e record that Mr. Balbas did, also, in

23 ad di t io n t o Wendy Moore had notice that inspection was

24 required.

25 THE COURT: Okay. So hang on. Those ar e

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1 State's Exhibits I-A through what?

2

3

4

5

6

MR. WYATT: I-A through 6.THE COURT: So it goes I-A, 2

MR. WYATT: There's I-A, 2, 3

THE COURT: 3, 4, 5, okay.

MR. WYATT: 4, 5, and 6. And they're all

7 original letters -- well, I say original, they're

8 photocopies. Bu t letters signed by Andrews Edwards. Half of

9 them to Wendy Moore, half of them t o P et er Balbas, the

10 tenant, at 20 -- addressed to 2201 Windsor Drive.

11 THE COURT: Okay. So assuming he identifies

12 t hem, y ou lay the foundation, what is your legal objection?

13 MR. TANNER: They have nothing to do with the

14 case that we have before us today, Judge. That case is based

15 on activities or non-actions of November 29th, 2012. We've

16 already heard this witness testify that there was an

17 inspection scheduled for November 14th.

18

19

THE COURT: Uh-huh.

MR. TANNER: That didn't occur not because of

20 Ms. Moore or her husband, but because of the tenant. Well,

21 okay. And that's a factual issue. So none of these letters

22 have anything to do with this case. It was registered on

23 October 18th. And within 30 days an inspection was

24 scheduled. That was for November 14th. Now, the tenant

25 refused to let the Code Inspector in . Well, that was the



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1 tenant's decision, not Ms. Moore's.

2

3

THE COURT: Uh-huh.

MR. TANNER: So these letters ar e not relevant

4 to th e issue that we have b e f or e t h e Court and jury in this

5 c a se t o d ay .

6 THE COURT: Okay. I am going to overrule your

7 objection, assuming you've laid t h e f o u n da t io n , they're going

8 to come in . And I'll note your objection to my ruling fo r

9 t h e r e co r d, as well.

10

11

12 in .

MR. TANNER: Of cour s e, Judge.

THE COURT: Okay. We can bring th e jury back

13 Before they come in , Mr. Tanner, those documents that

14 ar e on the bar behind you, ar e those your's that you're us ing

15 in this trial?

16

17

MR. TANNER: No.

THE COURT: Thank you. Thank you.

18 MR. TANNER: I'm also, pr obably I will also

19 have a couple o f other objections, Your Honor. Bu t I'll wait

20 until he offers the documents.

21

22

23

24

25


BAILIFF: All rise.

(Jury enters th e courtroom.)

THE COURT: You may be seated.

You may proceed.



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1

2 Your Honor?

3

Page 46

MR. WYATT: And may I approach the witness,


4 Q. Mr. Edwards, I'm handing yo u what's previously been

5 marked S t a t e 's Exhibit 1- A through S t a t e 's Exhibit 6. I'll

6 hand these all to yo u at on e time an d ask you j u s t to take a

7 look a t them.

8 Are yo u familiar with each of these documents?

9 A. I'm familiar with each of these documents.

10 Q. Are each o f these documents letters created by you?

11 A. Each o f t he se letters were created by myself.

12 Q. And are they all signed by you?

13 A. They are all signed by me.

14 Q. To be clear f or t he record, Exhibits 1-A, 2, 3, 4,

15 5, and, 6 are all signed by yo u letters?

16 A. Yes.

17 Q. Now, who are these letters

18 MR. WYATT: Well, I'd ask that Exhibits 1-A

19 through 6 be admitted into evidence.

20 MR. TANNER: Your Honor, if I may conduct voir

21 dire o f t h e w i tn e ss ?

22 THE COURT: Yes, sir.

23 VOIR DIRE EXAMINATION

24 BY MR. TANNER:

25 Q. Those documents are generated by yo u and dated

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1 between July an d September 2012; lS that correct?

2 A. That is correct.

3 Q. Okay. Do you have personal knowledge of each and

4 every fact that's in each and everyone of those letters?

5 And I recognize some are duplicates; on e went to the tenant

6 an d one went to th e homeowner.

7

8

A.

Q.

Can you repeat - -Do you have personal knowledge o f t h e i nf or mati on

9 you contained an d when?

10

11

A.

Q.

Yes.

None of those letters ar e written In October or

12 November of 2012i is that correct?

13

14

A. T ha t 's c or r ec t .

MR. TANNER: Your Honor, I' m going t o o bj ec t

15 to th e admission o f t he se documents into evidence bas ically

16 fo r two reasons. Number one, it doesn't concern the charge

17 in this c a s e c o n ce r n in g November 29th, 2012. It also rais es

18 th e subject of uncharged misconduct, which would prejudice

19 th e jury in reference to the statements made by this

20 particular witness fo r charges we don't even have here today.

21 It makes the Defendant look poor based on this man's

22 individual opinion. It should no t be considered by a jury or

23 an y of us for any purpose w hatsoever, because it doesn't deal

24 with th e charge here today.

25 THE COURT: So I have a question.



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1

2

MR. TANNER: Yes, ma'am.

THE COURT: What State's -- are they in

Page 48

3 chronological order, for the most part?

4

5

6

7

MR. WYATT: They should be, Your Honor.

MR. TANNER: They appear to be, Judge.

THE COURT: What's th e most recent email?

THE WITNESS: Oh, these are just -- these ar e

8 letters that we sent.

9 THE COURT: Letters. Okay. What's the most

10 recent letter sent?

11 THE WITNESS: The most recent letter sent was

12 September 10th.

13 THE COURT: None of those letters were sent

14 after th e date of registration on October 18th?

15 THE WITNESS: That's correct.

16

17 allow them.

THE COURT: None . Oka y. I' m no t going to

18 MR. TANNER: Thank you, Your Honor, for

19 sustaining my objection.

20 REDIRECT EXAMINATION CONTINUED

21 BY MR. WYATT:

22 Q. Mr. Edwards, di d yo u also inform, in addition to

23 Wendy Moore, th e tenant, Peter Balbas, that an inspection was

24 required on th e property?

25 A. Yes.

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1 Q.

Page 49

And was t h at p rio r t o t he d at e that you went out

2 an d Mr. Balbas di d not allow you on the property?

3

4

A.

Q.

That's correct.

And do yo u h av e a ny reason to believe, or do y ou

5 have an y information that informs you t h a t he di d not receive

6 that notice?

7 A. I do not - - I do not have an y reason that he di d

8 not receive th e notices.

9 Q. And you previously - - an d Mr. Balbas i s th e tenant.

10 And you previously t e s t i f i e d that you a t le a s t had some

11 through-the-door conversation with him, correct?

12

13

A.

Q.

Yes.

And t h a t in no unequivocal terms, you were not

14 allowed in?

15 A. We were still - - we were not allowed into th e

16 property.

17 Q. Di d he a t t ha t time indicate to you that he was

18 surprised or di dn't know t ha t an inspection was required?

19 A. No. He di dn't give an y indication t h a t he was

20 surprised by the inspection.

21 Q. Okay. But getting back, again, not necessarily

22 that relevant here. Getting back, yo u t e s t i f i e d t h a t it's

23 the owner's responsibility to make the property available?

24

25

A.

Q.

That's correct.

And t h a t ' s why, I assume, you wrote th e t i c ke t to

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1 Wendy Moore?


3 Q. And how many notices in writing, whether it be

4 emails, or letters, or whatever, in your guesstimation do you

5 think you sent to Wendy Moore saying, You need to have an

6 inspection?

7 MR. TANNER: Objection, Your Honor. If he's

8 going to l i mi t t h at to, say, November 15th, 2012, that might

9 be relevant. But not prior to that.

10 MR. WYATT: Well, here again, Your Honor, the

11 charging instrument is clear that when you regi st er property,

12 you've got a 30 day window. It was re gistere d in October --

13 THE COURT: S o w hy don't you deal with 30 days

14 from the registration how many times.

15 MR. WYATT: Well, I can certainly do that,

16 Your Honor. But th e notices that were given about th e 30 day

17 window had st art ed in October were given in letters prior to

18 October. The notice says you have to regi st er and then have

19 an i ns pe ct io n. T ha t 's before th e registration. When she

20 registers, then it's got 30 days. He doesn't send an

21 additional notice. The notice that applies to that period

22 aft er October, after the registration, is in these documents

23 that's prior. He di dn't -- there was no obligation -- they

24 were already on notice prior that that 30 days starts when

25 you regi st er.

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1 THE COURT: Okay.

2 MR. WYATT: So he didn't send it - - I assume3 he didn't send additional. That's why these ar e applicable

4 to th e 30 -- to the November/December -- excuse me,

5 October/November period.

6

7

8

9

10

11

THE COURT: Okay. And what was your question,

how many notices did he submit?

MR. WYATT: I' m just asking him, if he

recalls --

THE COURT: Okay.

MR. WYATT: -- approximately how many notices


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2

Page 52

THE COURT: Okay. Over r uled.

Rephrase your question.

3 Q. Okay. Approximately how many letters, or emails,

4 o r notices in writing do you believe you gave Wendy Moore

5 that a f t e r sh e registered in October, she would have to have

6 an inspection?

7

8

A.

Q.

Once sh e registered how many emails and notices?

No. How many n o t ices o r emails, or how many times

9 di d you notify Ms. Moore, the Defendant, that a ft e r she

10 registers, which happened in October, how many times di d you

11 notice her that a f t e r sh e registers, s he h as to have an

12 inspection?

13 MR. TANNER: I'm going t o o bj ec t t o that

14 question, Your Honor. If it's limited to after October 18th,

15 that's probably okay, because t he r e ' s now been a

16 registration. But prior to that, that's objectionable,

17 because it's not before this Court.

18

19

20


You can answer, if you r emember the question.

Do you want to ask it again?

21

22

A.

Q.

Can you r epeat th e question?

Oh, please remember.

23 Sh e registered on October 18th.

24

25

A.

Q.

Yes.

How many times di d you tell her a ft e r you

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1 registered th e property you were going to have to have an

2 inspection, in writing?

3

4

5

A.

Q.

A.

In writing?

Approximately.

Approximately, probably -- probably about 10 , 10

6 times, including notices an d emails.

7 Q. Okay. Do you h av e any reason to believe that

8 Ms. Moore didn't understand she needed to have th e property

9 inspected?

10 A. To my knowledge, they -- they were aware that th e

11 inspection needed to be conducted.

12

13

Q. Thank you.

MR. WYATT: I'll pass the witness.

14 RECROSS-EXAMINATION

15 BY MR. TANNER:

16 Q. Let's go right back to that, sir.

17 Ar e you telling this Court an d jury today that you

18 notified Wendy Moore 10 times about the inspection after

19 October 18th, 2012?

20

21

22

A.

Q.

A.

We -- after October 18?

2012.

After -- I -- I could not tell you th e exact amount

23 of number of emails that were conducted after that time. To

24 my best knowledge, I don't know the full number.

25 Q. Well, do you know if there were any?

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1 A.

Page 54

There were emails sent w ith in co nju n ctio n with

2 Moore, Mrs. Moore, between the 18th an d

3 Q. And as a result of that, which was in the 30 day

4 window of the ordinance, right, there was an inspection

5 scheduled, r ight?

6

7

A.

Q.

An inspection was scheduled.

An inspection was scheduled within 30 days of

8 registration. That's your testimony, correct?

9

10

11

A.

Q.

The inspection was scheduled.

Okay. N ow ,- -

MR. TANNER: May I approach the witness, Your

12 Honor?

13 THE COURT: Yes, sir.

14 Q. Sir, this is a copy of Section 6-474 of t he C it y of

15 Richardson Ordinance. I believe we're discussing that here

16 today.

17

18

19

20

21

A.

Q.

A.

Q.

Yes.

And d o y ou recognize paragraph B in here?

Yes.

Okay. Would you read that, please?

MR. WYATT: Your Honor, I do o bj ec t t o the

22 witness -- I think we've e sta blishe d Defense counsel has

23 e sta blishe d he's not a q u al i fi ed witness to talk about the

24 ordinance. He's not a lawyer. He didn't draft the

25 ordinance. And the la w should come to the jury through the



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1 Court through t he Court 's c ha rg e. H e's t r yi n g t o introduce

2 the law through the witness.

3 MR. TANNER: A ll I 'm asking is for t h e w i tn e ss

4 to r ea d o u t loud to th e jury what th e ordinance says in p art,

5 Your Honor.

6 THE COURT: Okay. The la w that the jury is

7 going to ge t is in your charge. You ca n make reference to

8 the la w that's included in th e charge t h a t they w ill get, but

9 not to th e entire provision.

10

11 paragraph B.

12

MR. TANNER: Well, I'm only talking about

THE COURT: Correct. But there a r e t hings in

13 paragraph B th at ar e not pertinent fact issues for this jury.

14 So th e law that's included here is what you ca n ask th e

15 what you ca n bring to th e jury a t t h i s point. The bottom

16 part of B doesn't apply.

17 MR. TANNER: Well, Your Honor, do you have a

18 copy o f th e ordinance in front o f you? Because I have one

19 here.

20

21

THE COURT: On my phone.

MR. TANNER: Okay. Judge, what I'm asking him

22 to do is to o n ly r e ad part of subparagraph B here that deals

23 with th e time frames and what they need to do .

24

25 this whole --

THE COURT: Okay. Well, you asked him to read

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MR. TANNER: No, no , no.

THE COURT: B.

MR. TANNER: B.

THE COURT: Correct.

MR. TANNER: I don't w ant him to r ead A or C.

(Discussion at the bench ensued.)

THE COURT: So if you will j us t i nst r uct th e

8 witnes s where to stop reading an d where to s t art .

9

10

11 Q.

MR. TANNER: Yes, Your Honor.


SUbparagraph B, the rental ordinance, par agr aph

12 6-474, correct?

13

14

A.

Q.

That's correct.

Would you please r ead out loud where it begins with

15 B an d where it concludes with th e word inspection, where you

16 see th e b racket is. Don't r ead the rest of it, because it

17 doesn't apply to us .

18 A. Okay. I didn't know if you were going to sit back

19 down. I didn't know if I needed to wait.

20 Within 30 days after the initial registration of a

21 r e nt a l u n it an d within 30 days after th e change of occupancy

22 or change in tenancy of a rental unit, the owner of th e

23 rental unit shall request t h e b u il d in g official conduct an

24 inspection an d make the rental u n i t a v ai l ab l e fo r i n sp ecti o n

25 by th e building official. The owner an d the building



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1 official shall agree on a reasonable date and time fo r th e

2 required inspection.

3

4

5

Q.

A.

Q.

Period, right?

That -- that's the section.

I think we've established that a request wa s made

6 f or t he inspection to be done on behalf of Wendy Moore at

7 this property; is that correct?

8

9

A.

Q.

Yes.

And I believe that wa s either th e 6th or 7 th o f

10 November?

11

12

A.

Q.

When they contacted to schedule, set th e --

Yeah. And yo u agreed to t he d at e of 14 November

13 with either Luke or Wendy, right?

14

15

A.

Q.

Yes. We agreed with the date on th e 14th.

Now -- and th e ordinance says r e nt al u n it s h al l

16 schedule an inspection, right?

17 A. Let me can I look it over?

18

19

20

Q.

A.

Q.

Yeah. Go back and read it. Take a look at it.

Th e owner o f t he r en t al u ni t s h al l request

Shall request. But it doesn't shall make, does it?

21 It just says make it available.

22 A. Under that -- that -- under that little statement,

23 Section

24 MR. WYATT: Your Honor, I o bj ec t t o th e

25 question. He just had him read it.



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1

2 question.

MR. TANNER:

Page 58

I withdraw -- I withdraw my

3 Q. SO you're not exactly sure how many, other than one

4 contact, you made with Wendy Moore or Luke after November

5 14th, 2012 to schedule an inspection?

6 A. To agree upon a d at e f or an inspection, no. We di d

7 not agree upon a date to schedule an additional inspection.

8 Q. Okay. And you di d not call up to schedule one or

9 ask fo r another one, right?

10 A. We di d not -- we did no t try to -- we did no t call

11 to try to schedule a second inspection.

12 Q. So Ms. Moore had no idea whatsoever you were coming

13 out on November 29th?

14 A. On November 29th, we had not agreed upon a date and

15 time. That was th e date th at -- that's correct. We di d not

16 schedule another date, other than th e 14th was the only date

17 that was scheduled by Ms. Moore to conduct an inspection.

18

19 Honor.

MR. TANNER: I'll pass the witness, Your

20 FURTHER REDIRECT EXAMINATION

21 BY MR. WYATT:

22 Q. So the owner di d request an inspection and schedule

23 it fo r th e 14th?

24

25

A.

Q.

That's correct.

Okay. And you read th e law and there's two prongs



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1 to what yo u read an d I' m exactly quoting what you read. That

2 th e owner o f t he rental unit shall r equ est t he building

3 official conduct an inspection.

4 They di d that, correct?

5

6

A.

Q.

Yes, that's correct.

And make th e rental available for inspection by th e

7 building official, that's the o the r part of what you read,

8 correct?

9

10

11

12

A.

Q.

A.

Q.

That's th e other section.

So there's two prongs there, basically?

That's correct.

And your allegation -- you're telling us here today

13 that, yes, th e owner said th e 14th is good for inspection,

14 bu t they failed prong tw o by not making the property

15 a v ailab le to y ou o n that day?

16

17

A.

Q.

That's correct.

And t he n , a g ai n , on th e 29th when yo u went out to

18 try an d do it again, even though it's outside th e 30 day

19 window, yo u still were n o t a ll o we d in ?


21 Q. Gotcha. And because it was th e second time, your

22 testimony is yo u issued th e citation for th e 29th?

23

24

25

A. That's correct.

MR. WYATT: No further questions.

(n o omission)



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1 FURTHER RECROSS-EXAMINATION

2 BY MR. TANNER:

3

4

Q.

A.

Sir, who didn't let you in on November 29th?

Neit

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