Terry Fuller, former Chief Detective of the Cold Case Squad, McLennan County Sheriff’s department, investigated the murder of Lillie Hefele. When he found out who did it, he told his Capt., which was at that time, Steve January. January told Parnell and Parnell told January to tell Terry Fuller, to “stand down”.
Johnny Ash was one of Parnell McNamara’s largest contributors. None of this is in dispute.
Misty Lynn has written Harry and given me permission to publish her plea to have the DNA run.
H
CAUSE NO. ____________________
THE REMOVAL OF § IN THE DISTRICT COURT
IN RE:
PARNELL McNAMARA,
SHERIFF OF McLENNAN
COUNTY, TEXAS § _____ JUDICIAL DISTRICT
ADDENDUM NO. 1 TO VERIFIED PETITION FOR REMOVAL OF COUNTY OFFICER
SUPPLEMENTAL FACTUAL AND WITNESS INFORMATION
TO THE HONORABLE PRESIDING JUDGE OF THE ADMINISTRATIVE JUDICIAL REGION:
COMES NOW BERNADETTE FEAZELL, Petitioner, and submits this Addendum No. 1 to Verified Petition for Removal of County Officer for the limited purpose of preserving and identifying additional background information, potential witness testimony, and potential documentary evidence that may bear upon matters relevant to the administration and supervision of the McLennan County Sheriff’s Office.
Petitioner expressly states that the matters described herein concerning events occurring in or beginning in 2017 are not pleaded as an independent statutory ground for removal of Respondent. Petitioner acknowledges the limitation contained in Texas Local Government Code §87.001 concerning acts occurring before election to office.
Petitioner instead identifies these matters as potential background, witness, or evidentiary information, subject to the Court’s determination of relevance, admissibility, and permissible use under applicable law and the Texas Rules of Evidence.
Petitioner respectfully shows the Court as follows:
I. PURPOSE AND LIMITATION OF ADDENDUM
Petitioner previously prepared and filed, or intends to file, a Verified Petition for Removal of County Officer seeking removal of Respondent Parnell McNamara, Sheriff of McLennan County, pursuant to Texas Local Government Code Chapter 87.
This Addendum identifies additional factual information and a potential witness whose testimony may bear upon the administration, supervision, and handling of criminal investigations within the McLennan County Sheriff’s Office.
This Addendum does not withdraw or replace the factual allegations or statutory grounds asserted in the Verified Petition for Removal.
Petitioner does not assert that the events described in this Addendum, standing alone, constitute an independent ground upon which Respondent may presently be removed from office.
Specifically, Petitioner recognizes that Texas Local Government Code §87.001 restricts removal under Chapter 87 based upon acts committed before an officer’s election to office.
Accordingly, the matters described herein are offered only for such background, corroborative, impeachment, notice, knowledge, intent, administrative, supervisory, or other evidentiary purpose as may ultimately be determined lawful and admissible by the Court.
Petitioner does not ask the Court through this Addendum to presume that the matters described herein are true merely because they have been reported to Petitioner.
Where Petitioner does not possess firsthand knowledge, the matters are expressly identified as information Petitioner understands may be established through testimony from persons with firsthand knowledge and through supporting records.
II. GLORIA “LILLIE” HEFELE HOMICIDE
In or around 2017, Petitioner requested that the McLennan County Sheriff’s Office review information concerning the unsolved homicide of Gloria “Lillie” Hefele.
Petitioner understands that Ms. Hefele was approximately forty (40) years old and was a resident of Waco, Texas.
Petitioner understands that Ms. Hefele left her residence intending to travel to Fort Worth, Texas, and was subsequently found deceased from a gunshot wound at Buck-Samson Park in Fort Worth, Texas.
Petitioner understands that the homicide remains associated with the Fort Worth Police Department Cold Case Unit under Report No. 80064819.
Following Petitioner’s 2017 request for review, members of Ms. Hefele’s family were contacted concerning the case.
Those contacts indicated to Petitioner that some investigative activity or review concerning the Hefele homicide had commenced.
After that initial activity, communications concerning the Sheriff’s Office review ceased, and Petitioner received no further substantive information concerning the status or disposition of that review.
III. FORMER DEPUTY TERRY FULLER
Petitioner has identified former McLennan County Sheriff’s Deputy Terry Fuller as a potential witness possessing information concerning investigative activity relating to the Hefele homicide.
Petitioner understands that Fuller performed additional investigative work concerning the Hefele homicide after the matter was brought to the attention of the McLennan County Sheriff’s Office.
Petitioner further understands that Fuller’s investigative efforts developed information concerning a potential suspect or person of investigative interest in the Hefele homicide.
Petitioner understands that Fuller reported the results of his investigative efforts through the Sheriff’s Office chain of command, including to Captain Steve January.
Petitioner further understands that Captain January thereafter communicated with Respondent Parnell McNamara concerning Fuller’s investigative work.
Petitioner understands that, following those communications, Fuller was instructed to discontinue further investigative activity concerning the Hefele homicide.
Petitioner does not possess firsthand knowledge of the precise communication between Fuller, Captain January, and Respondent.
Petitioner therefore does not offer Paragraphs 17 through 21 as established facts based solely upon Petitioner’s understanding.
Instead, Petitioner identifies Terry Fuller as the person from whom firsthand testimony should be obtained concerning:
a. what investigative work Fuller performed;
b. what evidence or information Fuller developed;
c. whether Fuller identified a potential suspect or person of interest;
d. to whom Fuller reported his investigative findings;
e. what instructions Fuller thereafter received;
f. who issued or communicated those instructions;
g. the stated reason, if any, for discontinuing further investigation;
h. whether any reports, notes, recordings, communications, case files, or other records document those events; and
i. any other matter within Fuller’s personal knowledge concerning the Sheriff’s Office review of the Hefele homicide.
IV. SECOND HOMICIDE INVESTIGATION
Petitioner further understands that Fuller conducted investigative work concerning another homicide that had previously been attributed or linked to Henry Lee Lucas.
Petitioner understands that Fuller developed additional information concerning that homicide and reported investigative developments through the Sheriff’s Office chain of command.
Petitioner further understands that Fuller was thereafter instructed to discontinue additional investigative activity concerning that matter.
Petitioner presently lacks sufficient information to identify with certainty the homicide, victim, relevant dates, location, case number, precise investigative findings, or person responsible for issuing or communicating the instruction to discontinue the investigation.
Because Texas Local Government Code Chapter 87 requires specificity when conduct is asserted as a statutory ground for removal, Petitioner does not plead the second homicide matter as an independent ground for removal in its present form.
Petitioner instead identifies the matter solely to preserve the existence of a potential source of information and to identify Fuller as a person who may possess relevant firsthand knowledge.
If competent evidence subsequently establishes the identity of the case, relevant dates, locations, investigative actions, communications, and persons involved, Petitioner may seek appropriate relief concerning that evidence only to the extent authorized by law and applicable procedural rules.
V. POTENTIAL RELEVANCE OF FULLER’S TESTIMONY
Petitioner’s principal Verified Petition alleges grounds for removal arising from separate conduct involving the alleged use of county personnel and county-paid services for Respondent’s private benefit.
The allegations concerning Crawley and 9031 Rock Creek Road remain the grounds principally asserted in Petitioner’s Verified Petition.
Petitioner does not contend in this Addendum that Fuller’s reported investigative experiences establish a violation of Texas Penal Code §39.02.
Nor does Petitioner contend that an elected sheriff necessarily commits official misconduct merely by directing that a particular investigation be discontinued.
Petitioner identifies Fuller’s testimony because the circumstances surrounding his investigative assignments, reporting through the chain of command, and instructions allegedly received may contain information relevant to the administration and supervision of Sheriff’s Office personnel.
The legal relevance and admissibility of such testimony depend upon the facts established by Fuller and other competent evidence and are matters for determination by the Court under applicable law.
Petitioner specifically disclaims any attempt to use the matters described herein merely to establish that Respondent acted in conformity with an alleged character or propensity.
Petitioner reserves the right to offer otherwise admissible evidence for a proper purpose recognized by law, subject to the Court’s rulings concerning relevance, admissibility, and any applicable evidentiary limitations.
VI. POTENTIAL DOCUMENTARY EVIDENCE
Petitioner believes that evidence relevant to the matters described in this Addendum may include, if such records exist and are lawfully obtainable:
a. Sheriff’s Office reports prepared by Terry Fuller;
b. investigative notes;
c. case supplements;
d. emails or other electronic communications;
e. text messages;
f. communications between Fuller and Captain Steve January;
g. communications between Captain January and Respondent;
h. duty or assignment records;
i. records reflecting instructions concerning the Hefele investigation;
j. Fort Worth Police Department records concerning Report No. 80064819;
k. records identifying the second homicide matter referenced herein;
l. Fuller’s sworn testimony;
m. testimony from Captain Steve January;
n. testimony from other persons possessing firsthand knowledge; and
o. any other competent and legally obtainable evidence relevant to these matters.
Petitioner recognizes that law-enforcement investigative records may be confidential, privileged, exempt from public disclosure, or otherwise restricted by law.
Petitioner therefore seeks only such records as may lawfully be obtained, discovered, subpoenaed, produced, or admitted in this proceeding.
VII. RESERVATION AND SUPPLEMENTATION
Petitioner expressly reserves the right, subject to Texas Local Government Code Chapter 87, the Texas Rules of Civil Procedure, the Texas Rules of Evidence, and any order of the Court, to supplement the information contained in this Addendum if additional competent evidence becomes available.
Such additional information may include affidavits, sworn witness statements, investigative records, communications, reports, exhibits, or other documentary evidence.
Petitioner further reserves the right to identify additional witnesses whose testimony becomes relevant through lawful investigation or discovery.
Nothing in this Addendum should be construed as alleging a new statutory ground for removal based solely upon conduct occurring in 2017 or another period barred from serving as a removal ground under Texas Local Government Code §87.001.
Petitioner’s existing grounds for removal remain those properly pleaded in the Verified Petition, including allegations of official misconduct and, in the alternative, incompetency, arising from conduct alleged therein.
VIII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner BERNADETTE FEAZELL respectfully requests that this Addendum No. 1 be received as supplemental identification of potential factual, witness, and documentary information; that Petitioner be permitted to develop and present such information only to the extent relevant, lawful, and admissible; and that Petitioner receive such other and further relief to which she may be entitled.
Respectfully submitted,
