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On Mar 25, 2011, at 2:37 PM, Shirley Pigott MD

wrote:

Hi Jerry,

I brought up the fact that there was no mens rea in a pre-trial motion before you

took over; my intention was to flee to safety; I never denied the actus reus. The

court erred in failing to rule on the motion; the Court erred again when it made no

explanation to the jury of the two components which must be present for a crime

to have occurred - the actus reus and the mens rea.

I brought up the fact that the DA withheld what I thought would have been

exculpatory evidence - the first 20 seconds of the DPS video, which would haveshown why I was so frightened. It would have shown Officer Ochoa at my rear

bumper, his lights and siren on, tailgating me at 74 mph, having blocked me in

on three sides. He later testified that I 'broke the law' by leaving the highway

and moving to the left shoulder. The court erred in not clarifying that no law was

broken.

I moved to compel the prosecutor to produce a complete version of the video

beginning when it was triggered to start by the turning on of the lights and siren.

The Court granted my motion, but the DA refused to comply with a direct order.I then made an open records request, but in what was an incredulous lie, I

was told by DPS General Counsel Jennifer Cohen reported that the video had

been 'turned over' to the Wharton County DA, in violation of DPS policy. Policy

requires keeping a copy in the archives. My next motion was to hold the DA in

contempt of court for refusing to comply with a direct order. The Court erred

again in denying my motion.

You and I both alleged prosecutorial misconduct, which the court erred by

allowing repeatedly and which was exemplified many times over. It started withthe DA threatening a felony indictment unless I agreed to the seizure of my car.

Believing I was constitutionally protected from such malfeasance, I refused.

Three months after the event which led to my arrest, after repeated threats, I

was indicted for two counts of fleeing arrest with a deadly weapon (the car). The

DA needed to cover up the fact that Terronez had shattered my window with his

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heavy flashlight. I needed to have my evidence preserved and I don't understand

why that didn't happen.

Six months after the precipitating event, DA Josh McCown succeeded

in 'indicting a hamburger'. He re-convened a Grand Jury and somehowpersuaded them to grant him a superseding indictment of "aggravated assault of

a law enforcement officer in the line of duty with a deadly weapon, the car I was

driving." The explanation he gave to my lawyer was that I had accused Terronez

and Ochoa of perjury, use of excessive force, and other malfeasance.

Several hours before the Grand Jury rendered the first indictment, having been

told, I believe by a church elder, "Shirley's going to lose her medical license, go

to prison, and bankrupt your family," my husband climbed into a dumpster behind

my medical office and took a fatal overdose of fluoxetine and zolpidem.

I am not sure whether it was brought up that there was a Verizon tower less

than a mile from the stop, but I made five attempts to call my husband, but had

no cell phone service. What those facts implied about the use of electronic

blocking equipment was probably not brought out at trial. It was relevant to my

allegations of being stalked by law enforcement, but you agreed to a motion in

limine, without my knowledge or consent, which excluded testimony about my

allegations of racketeering. Please find a way to bring it up in the oral argument

in appeal.

Please find a way to bring up that I drove directly into the path of the speeding

18-wheeler Terronez was facing only after he shattered my car window, causing

me to do it. It is significant that Terronez was crouching behind my car, hiding

from Ochoa's camera when he assaulted me initially using excessive force.

It is reasonable for a 'somewhat elderly female' to have been terrified under

those circumstances. You shouldn't have difficulty considering the major point

of appeal was the state's failure to make reasonable accommodations for my

previously stable bipolar disorder and PTSD. In modern times, when personswith psychiatric diagnoses have civil rights, a law enforcement officer should

be skilled in his ability to defuse a tense situation, not to escalate it. I careful

explained why I was frightened; a reasonable non-criminal explanation for my

flight from the scene, lacking a mens rea, should have been sought; their failure

to do so violated DPS policy. This can all be tied in to the state's failure to make

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reasonable accommodation for my disability; in medicine, we assume the worst

until it has been ruled out. Doing so requires a higher level of diagnostic acumen

and theoretically results in fewer errors. Although he had no way of knowing

about my diagnoses, as the senior officer on the scene, he could have been

expected to have the where-with-all do deal with any situation he created.

Please succeed in bringing all these points into the oral argument, in the unlikely

event we must continue an appeal.

--

Shirley Pigott MD

Texas Medical Board Watch

Texas Phoenix 007

361-894-6464 home361-652-9474 cell

Exposure of the corruption of the Texas Medical Board is the most important

thing I've ever done in medicine. It has the potential to save more lives and

right more wrongs than anything I could ever have done in 30 years of medical

practice. It has become my ongoing mission. I will never give up.