FILED

DALLAS COUNTY
10/13/2015 2:40:57 PM
FELICIA PITRE
DISTRICT CLERK

1 CIT / ATTY
Cause No.

CINDY STOIIMIIR, INDIVIDUAI,LY $

AND ON BI'HLF OF
S
TIIE STATI, OF TEXAS
s

vs.

Anna Negrete

DC-15-12517
IN TIE DISTIIICT COUIIT OF

101ST
_ .lUDICI.,rL DISl'lt CT'

I)ALLAS CIIMINAL DISTI.ICT

ATTOIINEY SUSAN I{AWK

s
$
$

DALLAS COUNTY, TEXAS

OIIIGINAL VEIIFIED PETITION F'OI IEMOVAL FROM

OF'FICT OF DLLAS DISITICT ATTONEY SUSAN H\WK
AND DISCOVEIIY REQUESTS

To the I{ONOlllLE.flJDGl OF SAID DISTRICT COUI{'|:

NOW COMES, Plaintiff, CINDY S1'ORMER, individually and on behall. of rhe Stare of
I'cxas (r'el'ei'red to as "Plaintiffs") and brings this Verified Pelilion fol l{emoval of Offioe against
Defeudant DALLAS CRIMiNAI- DISTRICT ATTORNEY SUSAN IIAV/K "DA IIAWK,,and
would show as follows:

I,

'|-r fr'rr f cl
I 1\l\
l l tr-r't

Plainliff is a lesident of Dallas County, Texas. The last thlee numbers of hel

Texas

Driver's l.,icense are 430 and the last three numbers ofher Social Security nurnber are 104.
Delcndanl Dislricl Altorney Susan Ilawk is a Dallas County lesident ancl may be served

witlr process at 133 N. Riverfront Iloulevard, 1l1l'Irloor, Dallas, Texas 75207-4300 ol wherever
she may be found.

II.
DISCOVI,RY
Discovery is to be oonducted under l-evel 3 ofthe l'exas Iules of Civil Pr.ocedure

ORIGINAI, PEI'ITION FOI III'MOVL NRO]\,I OI'FICII _ SUSN IIAWK

PGII I

tL
PLAIN ST,TTEMENT

DA I lawk sliould bc removecl 1.on.r offioe for. incomtrrctency. DA Ilawk

demonstrated gross ignorauce

duties; unfitness and

ol ol.lcial duties; gross carelessness in the discharge of

ilability to ptornplly and ploperly dischalge offioial

dr"rties, and

has

tl.rose

official

misconduct because of a selious physical or rnental defct that did nof exisl cluring liel election.

DA llawk's dcpression and severe mental illness incapacitates her ability to pell'om the dulies
of that office.

III.
LAW AND DEIIINITIONS
The Local Government Code Pr.ovides:

RBMOVAL BY P]I]]ON AND TRIAI,

(1) "Dislriot attorney" includes

(2) "lnconpetency"

cr.ilrinal district attorney.

means:

(A)

Gross ignorance ofoflcial duties;

(B)

Ciross carelessness in the dischar.ge

(C)

Urtfitness or inability to prornptly and properly discharge official duties

ofthose duties;

or.

because of a serious physical or mental defect that did not cxist at the tirne

of

the offi oer''s election.

(3) "Official miscouducl"

means intentional,

unlawlil behavior relating to official

cluties

by an officer entrtlsled with the administration of.justice o the execution of the law. 'fhe terr
includes an intentional or corrupt failure, r'efusal, or neglcct ofan officer lo perlolur a clr-rty imposed
on the of ficer by law.

l,ocal Government Code, SUBCI.IAP'I'iI{ B. Sec. 87.01

OIIICINAI- PETTTION IOR IIBMOVI,

IRCJM OIIIrtCE

STJSAN

1 .

IIWK

PAGT],2

tv.
INCOMPI'TIINCIES
(1) Dlug Addiction

DA Ilawk has adlnitled that duling her 2013 campaigu she was treated fol plesoription
dlug addiction and abuse iu al iulalient rehabilitalion lcility. The abused dlug was similar to
Adderall, a controlled substance. DA ljawk's addiction became exacerbalecl; lead to other menlal
illncsses, ancl was out ofher conlr'ol after'lhe eleclion.

(2) Me ntal Illncss

- Attention Dclcit Disorder

DA Ilawk has publically announced her profound Attention Deficit Disorder which

has

become relarkably more pronounced aftel her drr-rg use and after the election.

(3) Mcnfal lllncss

DA l-Iawk
she was treated

clcction

l)cprcssion
has publically announced that she sullers

liom major depression for which

in an in-patient rehabilitation facility. DA Ilawk's treatment ocourred after hcr

officc. In mid-July 2015

stopped appearing at

(seven rronlhs into her lelm as District Attorney)

DA Ilawk

work. On July 28,2015, DA l-lawk disappeared without telling

any

employees of the District Altorney's Oflice where shc was, She was out for approximalely 1en
weeks; tefused to answer questions imtnediately upon her letuln, and never indicaled wher.e she

was until she returned. DA I lawk's abselce continued for weeks with the local news media

tefeuing to thc situation as "despet ately sccking Susan". At no time prior

1o

hcr eleolion hacl she

ever claimed or suffered from majol deplession.

(4) Addicfion to othcr drugs

'I'hose close to

DA I lawk have

pr"rblicly aoknowledged that slie is also adclictcd

10

OxyContin and llydrocodone. DA Ilawk's habitual drug use and abuse has exacerbated her rental
illness after' the election.

OIIIGINI, PIiTITTON IIOR RIMOVi{I., I'ROM OFITIC!] - SUSN

IIAWK

PAGE 3

(5) r{ Complote lreak lvifh tr{eality afler the clcction

Aftcr her clcction to oflice, Dallas lawyer llob Ilinton, who is also DA llawk,s
neighbor', said he and otlers have nolioed bouts ofparano and mistlust since

Dislr'ict Altomey in .Ianuary 2015.

"lt

DA llawk becamc

has been obvious to lhose of us who know ancl love Susan

that she has problcr.ns, emotional problcms, and needs help," Ilinton said to 1he news neclia.
"We've tlied to get hel'fo recognize that and help her. It.just appears to me tl.rat shs ... has been in
denial." IIinlon said he and othets tfied to slagc an intetvention wilh DA Hawk in March 2015.

Ilinton said DA llawk liad

a "beak

with reali1y." "She believed things that wele not so," I..Iinlo

said. "Things werc going on that were not rafional.'

(6) I'aranoid Delusions after thc clection

Aftcr hor clccfion to office, there have been numerous instances of palanoid; psychotic
and inool.upelent behavior. (See attached Slormcr afficlavit iucolporated herein by refcrece).

After hcr clcction to officc, on.Ianuary 9,2015,

she unexpectedly lerminated the Chief

of

the Checks Division, an extremely valuable kcy pelson in the adnlinistration of the District
Attorney's Office (see attached Stormer aflidavit).

Aftcr hcr election to officc, Tommy l lutson,

For.mer. Technology

Director, former

investigator and en-rployee with the f)istrict Attorney's office for ovcr twenty-one years at the tirne

was tetninated on January 16, 2015. Ilutson was an extlemely valable key person in thc
adminislration of the District Attorney's Office. He was called 1o DA llawk's offoe and noticed
lret eyes had a "crazy" look. DA l-Iawk accused him ofspying on her through hel computer ancl
demarrding

"l

want to know why yon are in my computer." She made this accusafion because the

wotcls "Tommy's Wi-Fi" cane up

lor a

Wii

colneclion whcn she would open her Wi-Fi

connection on het'oontpnter (as any computel'would that was neal' that 'Wi-F'i conncction). She

OIIGINL PI1'ITION FOR RBMOVI, FIOM OFFTCII _ SIJS,{N TIAWK

PAGIi 4

also acoused

hirl ol'obtainiug llcr digital signatulc

(neocssary to apply 10 thc deputalions of1hc

Assistant Disll iot z\ttor ney's and investigators) 1o steal filnds fi'onl 1hc lolfeilule account. Shc1he

told liirn ho l.rad sertt hel photos o1'a black''ahoe following hcr. Just weeks before DA llawk fiad
ordered him to send het a list o1'district attolney employees, then relsecl to give hirn hel. elal
address to do so. In )ecenbel 2015, afler her election, Ilutson was ordered 1o obtain 1he domai

nalne "l)allas

DA." Ill .lattttat'y, his doing so was another reason she gave fol

his telminatior.r.

f)A

I'lawk chastised I lutson at length for' thinking she was "paranoid."

Affcr l)A Ilarvk's clcction fo office, she suffered flom palanoid delusions that the
Adrlinistrative Chiel, Judge Jennifcl Balido, was conspiliug wilh the Firs! Assistant,
againsl DA

llawk. DA llawk

llill

Wirskye

I'olced Balido to resign in Feblualy 2015just six weeks after placing

Balido in the position ol Adniinistrative Chiel DA I-lawk had repeatedly ordeted Balido to make
inappropliale,

if

no1

illegal, expenditures from public funds. Balido liad repeateclly advised DA

Iawk ofinappropliate expenditul'es to the point ofgiving her wrilten opinions regaldirg the same.

Ilalido's position is a valuable key position in the administration of the District Atlomey's OfTce.

After DA llarvk's clcction, in mid-March,

delusions and accused her li'irst Assistant,
expose a compromisir.rg "blow

201

5, DA Ilawk suffered f.om paranoid

Bill Wirskye of breaking inlo her house, attempting to

job shot" photograph of

her', and using the State forfleitur.e fi.rnd to

liave a key rnade 10 her housc. witskye had never seen tho "blow job shot" photograph. She then
termiuated the First Assislanl. 'I'he Fjrst Assistant is a valuable key posilion in the administralion

of the District Attorney's Oflice.

Affer

D-4.

l{alvk's elccfion, when touring the l)istlicl Altorlrey Forensic Lab DA Ilawk

asked lorensic Investigatol Jonathan

iay if

he would check her phone to bc sule that no one could

tlack he. She asked lr-l'erous questions pertaining to hcr own personal cell phone, but woulcl

OR.IGTNAI, PTI'I'TION I'OI RI'MOVAT,, FIOM OFTICtr _ SUSAN IIAWI(

PACtt 5

allow no olle to ully answel'hcr queslions bef'ore intcrrupling

1o ask a new

clnestion. She askecl

how she oould cleterninc if anyone installed spyware on her owr personal oell phonc. When lay
looked at the phone as she had requested, she had paranoid delusiolts hc was doing somelhir.rg
improper; took lier phone from him and stated "I am feeling some anmosity hele." (See attached
Santos and Hay aflfidavits.) Cilca Irebrualy 19,2015, an crnrloyee

williin tlie l'eohnology Division

reqttesled tlat lnvestigatol Edith Santos concluct a forensic examinafion

ofa

pcrsor.ral thumb

drivc

to give DA I:lawk ploof he deleled no file on thal day or prior days. Later the two folensic
investigators were asked

if

they had been 'leading her [DA I:lawk's] eurail or looking at her

phone." On Wcdnesday, June 3,2015, DA Ilawk fr'r:d Forensic lnvestigator.lonathan Iay without
oause. Ou Thursday, June 4, 2015, Forensic Invesligator dith Santos was compelled to resign.

On Monday, JLrnc 8,2015, Santos was esoofied from the District Altorney's Ol.lce by an
Investigatol even thongh she had resigned. See Santos Affidavit attached lieteto and incorporated
herein as ifset forth at length. llotli wele valuable key persomrel to the District Attorney's Office.

Aftcr hcr clccfion to officc, on June 3,2015, DA Hawk unexpectedly ter.minated the
employment of the Disttict Attol.rey's Office Commrnity Manager, Cristal Relana. I-ater, DA

Hawk addressed firing the Conmunity Manager and explained that tl.re Comnrunity Manager's
position was needed for increasing the salary o1'the Public Information Officer. Dcspite havig
been told numelous limes

il

the past that the two positions of Community Managel and Public

Information officer werc not lelated and could not be combined. DA I-lawk's many mental
illnesses flequently prohibit her from comprehending basic concepts.'l'his position was a key
position in the ollce (see attaohed Stormer affidavit).

Affcr hcr elcction to offico, on June 5,2015, DA Hawk not only

expressed beiug

glad about having fired 26-yeal employce, lnvestigator Jeff savage two days eallier', but also

ORTCINAI, P],TITION FOR IIIMOVL T'IOM OFFICI',

ST]S,A.N

IIAWK

smiled and said "l'm happy about i1" (his temrination). DA llawk said that shc had lir.cd Sayage
because Savagc liad spoken to reportcr Tanya Diserer belbr.e he was

fired. I-ater, Ilisefer.inclioatecl

that she had never t.tet Savage before she heard he was terminated. This is evidence o1'extreme
lnenlal illness. "Conlabulation" is a mer.noly dislulbance, clefined as the prodnction of fabricatecl,
disto|ted or misiutetpleted memolies about oneself or the woll<1, without thc conscious itentio
to deceive. DA I{awk imagined tlal Savage had lalked to the repofier BEFORE the terminatio,
AITTEI{ she saw l.ris interview on television with the reportcr.

Aftcr hcr clcction to officc, or.r rlulnelous

occasious DA

llawk has ordelecl that public

funds be spent inappropriatcly and succeeded in aocomplishing said oders. (See atlachcd Stol.rner

affidavit.). IIer allies indicate that she would never have done so prior to the election. DA l{awk
ordered that expenditut'es be urade t'om an overdrawn account even though she was lepeatedly
advised that such an act would be inapplopriate,

ifnol illcgal.

(See attached Stolmel aflcavit).

It

is a breach of fiduciary duly to continue to cncurnber public funcls from an account that has a
negative balance or to encumber lir.rds when there is no indicatioll there

wiil bc the expected

levenue. Tex. Penal Code. 32.46.

After her clection to officc, on Septernber 14,2015, DA Hawk kept a check of public
funds for twenty-two thousand and fve hundred dollars ($22,500.00) in her possession for.almost

two months. Slie claimed thal she thought it was hel pay stub. (See attaohed Stolmcr aflfidavit.)
This is inablity to distinguish such a check fiom a pay stub is yet more evidcnce ofher rountig
ancl escalating mental illness and incompetence.

Afte

r hor

clcction to oflicc,

o'

September I tl, 2015,

DA Flawk

ter.rninated thc

employment of the Chief of the Adninistlative Division, Cindy Storn'rof for Stotmcr's lilure to

make ina:propriate ancl illegal expenditures fom public funcls as DA Hawk had repeatecly

ORTGINAI, PETITTON I'OII RDMOVAI, 'IIOM OFFICIT

ST]Si{N

IIWK

P.\CIt

ordered. Wlien DA Ilawk was involur.rtarily col.nmitfed 1o rn inJratcnt instilttion and bcing
lreated fot depresson. Stoltner made allegalions offinancial imploplielies, misuse ofpublic funds,
and being ordered by DA Llawk to make illegal and irnproper expenditures of public linds ad

lepotted satne to the authorities. (See altached Stolnrel alficlavit). I-he Chiefofthe Administrative
Divis.ion is a key position in thr: adninistralion of the Distlict Attorney's Offce

"{fter fhe election, gross mismanagemeut

due to

DA I-lau'k's mounting mental illnesscs,

paranoid behavior and delusions have cosl laxpayers ancl .jeopardized public safety. Such mental
illltesses have lesulted in her inability to undelstand basic conoepts, and gross incompetenoe. (See
attached Stot mel affidavit).

V.
MOTION I'O ISSUE CIT'ATION
On an ex parte basis, pursuart to TllX. LOC. cOV'1' COD ANN. 87.016 (a) & (d)',
Petitioner lequests the Corrt order issuance of a citation and service by cerlified copy of this

Original Petition to Dallas County Climinal Districf Attorney Susan Hawk and require her to file
an allswer as requirecl.2

vl.
JURY TIIAL IT.EQUESTDD
Petitionet' requests a Scheduling Oldel setting the case forjuly lrial and dates upon which

discovcly is to be completed. In that regard, Petitionel hereby demands

trial byjury

as r.equired

by the law3 ancl hereby tenders the.jury fees.

' Section

87.0l6

Citatiou and Ol.der:

a Petition for Removal is filed, the person liling thc Pclition shall app)v to the f)istlict Judqc
^fterrequiring a citation and a certified copy ol'thc petition to be scrved ot] the ofcial. ]'EX.
in writing fr'an otder

(a)

t.oc. Gov'T coDE,\NN. $ 87,016 (a).

Section 87.01(d) - Citation of Officer:
'?

(d)

Tl)e cifation shall order the officer to appeal and answcl thc petil.ior or a date, fixed try thejudgc,

filh day after the date fhe citation is served. 'l-he time is conputcd as it is in other
3l,ocAl, Gov'T coDu
ft7.0r8
^NN. only following a ttial byjury.
(a) Officers be reuroved
fter fho

ORIGINI, PIITI].ION FOT IIMOVI\I, TROM oICT _ susN IwK

srrits.

PAGE 8

VII.
MOTION FOI TEMPOIIAIY IELIIIF- AND/OII .d
IIEAIIING ON TIIE TEMPOIAIIY REMOVAL
Pulsuant 1o'IjX. LOC. GOV'T CODE ANN. $ 87.017 (a) Petitionel seeks the rcmporary

temoval of DA llawk from office pending trial ol'this nrattel.a After the Cout't orders the issrauce
of the cilation and service via certifred copy of the petition, Petitioncr ask the Court, ex parte, la
reurove this official on a lellporaly basis until the resolution

ol this mattet. In the alternative,

Pelitioner tequesls the Court to set a hearing on the Ternpolary Removal of DA I'lawk. The public
nceds assuLance tlial the highest law enforoenent ofhces

will

be faithfully executed while this

mattel is pending. 'l'here is an altorney in Dallas County,'l'exas qr-ralified to hold said office on a
terrpolary basis to allow this official to devote her time 1o defnding herself in this suit.

VII.
IEQUEST FOR DISCLOSURES
Plaintiffhereby requests that Defenclant DA ilawk provide Plaintiff, through ler attorneys,
the infolmation required under TRCP 194.2.

.IIJIS

IS NOTICE'I'O YOIJ

]'HAI'ALI,

DOCUMENI'S PRODUCI]D

I]Y YOU IN

RESPONSI] '1'O DISCOVI]RY TI,IROUGI]OUT TIJ]S CASE MAY BE USED BY US AT

suBSiQtJIlNT IIEARINGS AND/OR AT TRAL.

I'RAYER
WIIERIIFOIE, Petitioner prays that that this Ilonolable Court ordel tlie civil district clerk
to issue citation along with a certilied copy of this petilion to be served on DA I{awk: f-rrther thal

Section 87,01 7 .- Suspension Pending 'I'rial: Tetnporary Appoinfee:

(a) Afier the issuance ofthe order requiring citation ofthe of'icor', tho districl jLrdge may temporarily
suspend tlte ol'lccr and may appoint arother pcrson to pelforr1 the duties ofthe office. TItX. t-OC. GOV'l'COD
a

ANN. {

87.0 t7.

ORIGINAI, PEl]T'ION T'OR IIDMOVAI, FIOM OFFICII _ SUSAN I-IAWX

the Court Order DA Hawk to appear and answer on a date lxed by the Court, after the lfih day in

which the citation is served.5 Plaintiff would further pray that this Court temporarily suspend DA

Hawk and appoint another qualified person to perform the duties of Dallas County Criminal
District Attorney until this case may be tried before a jury, as well as any and all other relief, both
general and special, at law or in equity, to which Plaintiff may show.

4
Respectfull

rnark@pulshaney.conl

W. Kelly Puls
State Bar

No. 16393350

ke I lylg)pu I sha

ney.conr

PULS HANEY, P.L.L.C.

300 Burnett Street, Suite 160
Fort Worth, Texas 76102
Telephone: (8 I 7) 498-991 1
Telephone: (817) 338-17 17
Facsimile: (8 I 7) 332-1333

ATTORNEYS FOR PLAINTIFFS

Local Government Code: Sec. 87.015

(d) The citation shall order the officer to appear and answer the petition on a date, fixed by ajudge,
after the fifth day after the date the citation is served. The time is computed as it is in other civil suits.

ORIGINAL PETTION FOR REMOVAL FROM OFFICE _ SUSAN HAWK

PAGE

IO

AFFIDAVIT OF CINDY STORMBR

AFFIDAVIT AND VERIFICATION OF'ORIGINAL VERIF'IED PI]TITION FOR REMOVAL
FI{OM OFFICU OI DALLAS DISTRICT ATTORNEY SUSAN I_IAWK AND DISCOVERY
REQUESTS

S1'ATE OF TEXAS

COUNTY OF'TARRANT
BEFORE ME, the undersigned official, on this day appeared Cindy Stormero who is known
and first being duly sworn according to law upon her oath deposed and said:

"My name is Cindy Stormer; I am over the age of eighteen years and my mailing address is
3225Turtle Creek Blvd., Dallas, Texas 75219. I have never been convicted of a crime, and
I am fully competent to make this affidavit. I have personal knowledge of the facts stated
herein, and they are all true and conect. Moreover, I have read the ORIGINAL VERIFIED
PETITION FOR REMOVAL FROM OFFIC] OF DALLAS DISTRIC]'ATTORNEY SUSAN
HAWK and verify the fcts recited in the Petition are true and correct to the best of my
knowledge."

I.

Stormer's Background

I served as the Chief of the Administrative Division of the Dallas District Attorney's Office
from March2015 until September 2015.1was the former Chief of the Mental Health Division,
overseeing the mental health trial docket in all criminal courts in Dallas County. I was the f-ormer
DNA Attorney for Dallas County's internationally fan-rous Conviction Integrity Unit (investigating
and re-evaluating hundreds of cases to determine if there were wrongfully convicted persons in
'['exas prisons, special emphasis on DNA, working on many exonerations). I am the author
of two
f aw related books Texcts Small ltirm Practice 1'ools, by James Publishing 2006to date - a law book
covering sixtcen practice areas and rainSlornter (dealing logically, ethically, and efl'iciently with
the mentally vulnerable and those with addictive tendencies in the criminal justice system)
pr-rblished 2015.I was the elected District Attorney f-or the 235th Judicial District, Cooke County
Texas. I had a successful law practice l'or furteen years. I was an Assistant City Attorney in
Dallas where I was the Chief Attorney for the Dallas Police Department, and an Executive Offcer
in the Dallas Police Department, supervising many attorneys, clerks, and secretaries with various
duties including: being in cliarge of the entire legal curriculum ftrr the Dallas Police Academy,
overseeing the budget, and much more. I was an Assistant District Attorney in Tarrant County
from 1986 - 1989, where I handled criminal trials and appeals and much more. I have been a
college instructor at dif ferent colleges teaching government, law, and criminal justice. I was a

Irolice oI'1iccr ui ill policc worl( 1'ol tcn years. I have lr,adl: nrmerous preselltations on 1hc larv Lo
entitios such as the 'l-exas Associatjon of Dlug Coult Plofcssionals, State Bar Advancecl Criminal
Law coutse, Dallas Cl iminal l)elnse Lawyers Associatior.r, Disuct A.ttoll'ey's O1Tce, Dallas Fire
Departmcnt, Centcl ftl Alnerioar and Intelnalional Law, tbc American llal Conrlniltee Jbr'
lndigenl Delbnsc; thc fr'st legal delegalion liom U.S. allowed into Tibet; Tcxas District and
County Attolney's Associaton; and I have had numelous publications. I have suooessfully handled
many july 1r'ials, tlials before the ooult, thousands ol'crinrinal cases, and ovel' three hundred
appellate bliefs and writs. I was selected by tlie 'l'exas Departr.nent ol SUre Flealth Selviucs 1o
assist in developing a.Tail Iased Cor.npctency Restoration progratr as rnandated by the l-egislatutc
(SB 1475 in 2013) whiol-r lesulted in Dallas reccivir.rg the grant fol same 2014; I leceived the
"Abovc and leyond" awald 2009, Dallas Districl ,Attolncy's Oflice; I was on the Planning
Cornrrrittee f'ot the Statc llar Advanced Climinal Law Course (2006, 2007 and 2008); a
Distinguished Alulni ol''lan'ant County College; Attorney Ad l-itcm of tl.re Year, Cor:r.t
Appointed Special Advocates of North Texas, Inc. (r'eplesenting abuscd and ncglecled cliildlen);
I have becn the plesident o1'the Cooke Cor,rnty Bar Assooiation; Presiderrl ol'the Coohe County
Child Wclfale Boald; Iroundel ancl Fornrer Director' - l-exas Association I'ol Women Police;
lorncl State Coordinator - Intelnational Association ol Women Policc; I hold hundleds of'houls
of police "in-selvice" poJice tlaining, including the I.ll.l. Academy in Quantico, Virginia;
Outslanding Young Woman ol'Arnelica; Who's Who iu Anrelican l,aw; Who's Who ir.r Amelioa;
top score in Tlial Advocacy and Dean's l..,isL in law school; I am licensed in thc lJnited States
Supt'eme Coult; Stale Bal ofl'l'exas; [Jnited Slates Djslrict Corrt-l]astern )istrict; lJnited States
Distliot Coult-Noltheln l)istl'iotl and muoh more,

II.

Mcntal Ilhrcss Bcforc thc llcction

District Altolney Susan lJawk clid not appeal to suI'fler liom clepression and did not
lccluire in-patienl treatrrent for it belre taking olfice as Distlicl Attolncy o1'Dallas Counl"y
(Jar.rualy 1,2015). It was AI'I-ER FlliR Ill,IjC'llON 'fO OIrCtr lhat she sul'leled a rnajor
clepressive cpisode that lesulted in hel unexplained absoncc for weeks. I knew D.A. Ilawk well
before she was elected Distliot Attolney of Dallas County. I placticed bcfolc hcl when she was a
District.ludge ovcr the 291s1 Judicial Distlict Court. I had seen hel at social functons. Befole
she becalt'tc Dist'ict Atlolney I knew of no nslauce whcle she sufferetl l'oln major depression or'
l'orl a rnenlal illness so plolund that it probibired her ability to do herjob.

IIL

Mcntal lllncss rfter thc lllcction

As the Administlative Chief of the Dallas District Attorney's Ofce I had nlore oontacl
with iier than atiy otrer pelson in the olfce as she was f'equently in nty olTcc inquiling about
linances and managerlent, My ol'loe was next to hers and she was in my offce sevcral limes
pel day. Flonr Mal'ch 20l5 through .h"rly 2015 (she disappear.ed fr.o the ollce July 28trr, 2015), I
obselved lrer al 1he o11ce in a loridly psycholic stale ot'wbat aplteared to be a dlug induccd
psychosis rn countless occasi<ns. Shc had a corlplete inability 1o comprehend basic concepts.

qnickly
ancl leave belre I resporided. When called to hcl ollce shc woulci type on hcr cornpulcl while
asking questions, reacling stories on the internet or engaging in sonre other clistraoting conduct
rvhile lier eyes wildly dartcd ai-ound the roorn. I never observed suclr behaviol before she was
elccted as Dislr'icl ALtot'ltcy.
Shc woulcl br'sl<ly rvalk into r.n, oJllcs

IV.

urcl

r.naho dc,nands and ash clucstions, then turrr

Financiallmpropricties

Disuict Attorney D..4. Flawk has cor.nmitted nunerous instances of tlying to use public
lunds illegally. Most recently, Monday, September 14th,2015,1discoveled that she and First
Assistanl, Messina Madson, had in theil possession a check for twenty-two thousand and lve
hundled dollats ($22,500) appoltionrnenl lnds flom lhe Cornptloller''s OlTce in Austirr a:rd were
keeping it flom the Financial Selviccs Division. We had been expecting the check I'or'
apploxin.ratcly two months. 'l'he Iinancial .^dministrator of the Distlict Attorney's OIIice had
beer'r ir contact with the Comp1r'oller's Office in Austin about the missir.rg check and had lnally
had to ask lheur to void the Ir'st check (which we did not know was in l).4. IIawk's possesson)
and issue a second check.'Ihe Dislrict Altrncy stamp on the envelope indicated tliat the oheck,
made out dileotly to "Susan llawk". had been reccived by the Distlicr Attomey's Olce on July
28, I-he envelope was addressed to "Susan Flawk". All such funcls should go directly to the
linancial Services Division. The First Assislant had rcocivcd the chcck recently lrom l).4.
Flawk. D,A. I{awk had been missing fiom the oflice sincc July 281r'(tho day the check came up
missing) ar.rd lalely seen I'or tl.re two weel<s pleceding that.
Whilc I was the Chiel'ol1hc Adrnirstlative Division (Malch 1o Seplernber 2015) these
are solre of the implopel expenditures that D.A. Iawk ordered l.lte 1o r.nakc flon-r public fur-rds
(and it lequired many conversations to convince her noL to rake the purchases, to the point of
dlafing a written opinion advising that such expenditules were illegal): oontriLrulions, donations,
supplementing salaries for.rr the liot check fund depletcd by the plevious Administration (i.e.
writing hot checks on the hot check fund), TV liyes (a monitoling softwale l'ol watching TV to
be explained below), pelsonal lawycr association dues, her personal Rotaly dues, awalds.
security carneras no1 in the budget,'Iexas Association o1'Districl Altolney's Association dues for
the entilc olfoe for $43,750. eto.
I have oIlr'ed to pay fol iterns that D.A. Ilawk has oldcled out of rny pcrsonal linds to
kcep from paying fol it witli public linds. D.A. l.lawk conlinued to ol'del ure to makc
inappropriale cxpenditules dr"n'ing n.ry tenule as Administrative Chief- 'l he Administlative Chief
priur 1 rnc Ilud lllc sa:c cxpcricrrcc.
-lhese

iurplopcr expenditures (whether polential ol completed) made ne vely

uucomfortablc, as does having to expose them now. While I was only cight nronths I'om
letiremenl, I conslitute the third person tht D.A. I-lawl< has telmiliatecl liom this posilion in a
reriod olonly niuc months. In the seven yezus I have had the honol to work fol tl.re taxltayers of

Jlallas Clounl),, I hare had cxemplary evalualions with absolulel), rio uogative comments. I have
nevct had a negative evalualion in my frrty-ycal caleer (as al1 attorney and a polioe ollcer..
As the Chiel'o1'the Administrative Dr,ision, I l.rad been taslted with responding to ten 01'
molc audits on the local, State, and lderal <:vel all while pell'on.ning all the many legr"rJar dutes

ofthe position, I was entlLrsted with fifty million clollars' worlh f budgets fol the Dist: ict
Attolncy's Olloe. While I sewed as check and balanoe against imploper uses o1'public funds,
there is nou, nothing between D.A. Hawk ancl thc public lilrcls she has tried to use
iriapplopriately ir.r the past. On Thulsday, September' 17tt',2015, thc lirst Assistanl askecl rne to
pay fol pizza with public funds. I explair.red onoe agailr that suoh expenditures wcrc inappr'priatc
(sl.re was tlie l'ourth attorney to make that same lequest that this same pizz,abc paid with public
f'unds). 1-his is not 1l.rc Irst lirre that the First Assistant has requested that food be paid flom
pubiic linds. Snoh rcquests are made f'ecluently. D.A. .lawk's personrrel dccisions have l.rad
direct negative impaots or.t the linds manageen1 in the Dallas Distrc1 AtLoruey's Office.

V.

Gross Mismanagcmcnt Ilcsulting in Costs to Taxpaycrs

ln D.t\, I-lawk's second week

l)islriot Attorney, January 9tl', 2015, an Oflce rneeling o1'

all 450 cmployees was called at 3:30 P.M. At this meeling D.A. Ilawk stated wolds to the e1Icc1
ol"'yourjobs ale sal, each ofyou js here because you ar.e good at wla1 you cfo" and "we shoul<l
all lr'eat cach othel nicel'." hnmediately a1'tcr the mceting the ChieJ'olthc Checks (Financial
Clinies) Division was called to hel oflice and lelminated. The fir.ed altontey was also a
psychologist wilh not only a genius-level IQ, but also an IQ thal was scveral points above the
t.nininrum levcl 1o be a genius. The fired attorncy was both much loved lr'his pelsonality and
altitude, and highly lespecled lir the skills and talenls he displayed as an attor.ney. That attorney
had been specifcally blor"rghl in to the Dallas Distlict Attorney's OlTce and traned to run thc
Checks (Financial Climes) I)ivision. That attorney disposecl ofover. 500 flony cases a year.
(nost felony proseoutols in Dallas average a liltle ovcl or.re-hundled cases per year), while also
handling misdemeanor cases, working in the.luslice o1'the Peaoe coults, and supervising a staff
of ovel lweltty employees all at the salne time. Altel that attorney was lired, the incon.re of tlre
Checks (Fiuancial Crimes) Division dlopped dlarnatically (by rnore than one-trir.cl).

VL

as

I-Iot Che cks on thc

llot

Chccks Fund

Whcn a salary is supplelnculed l:om funds in thc "hot c.rech" lund, I)allas County payroll
pays 1he money upl'onl and is then l'eimbursecl by rnoney l'o:n the Distliot Altot.ney's
Olce. When I was pr"rt in ctargo of thr: Adninistrative Division in March 2015, I qLrickly
discovcrcd that thc eighty-nine thousa:rd dolar.s (l89,000.00) ivas owed to Dallas County fiom
the "hot check" J'und, 'Ihe money orved to the County 1'oln thc chccl< funcl was for salaly snppleurcnts
paid by tlte Counly to lncmbets ofthe Walkins adrlinistlation not reinrlulsed in the last six nronths olthe
plevious adminislr'al ion. 'Ihele wele rot sufcicnl linds in the "l.rot check" lind to pay that mouey
back to Dallas Couuty, Ft'our the tir.ne D.A. l lar'l< rssumed the olJcc of Distlict Attolney, D.A.

lawk had bccn suPplcurenling the salaly ol Comnlrnit, Managcr iu au atloLnl ol'one -thousand
dollaLs (l1,000.00) on a bi-weekly basis. D.A. llawk had authorized thal two thousand dollals
($2,000.00) be paid per month to Cor.nmunity Manager liorn late Janualy 2015 to .lune of 2015
when Lhe l.rot cl.reok fund was ovcldlawn. f'his is an anproxirnatc total of tcn thousand dollars
($10.000) I),4, I{arvk expcndcd or cncurnbcred out of an overdrarvn account. hot chccl<s
from thc "hot chccl<r' fund.
I

lJpon learr.ring o1'1he albrelrentioned use of the "hot oheck" fund. I approacl.rcd tl.re
Comtlissioner's Cloul t nd seouled the supplementation of the Community Manager''s salary
1'om anoLher source, 'Iha1 soulce ofplopel supplernentation dd not take effect until Jnne 2015,

D.A. I-lawk evenlually fir'ed the Commut'rity Manager. ,Aftel the Communily Manager
had bccr.r lr'ed, D.A. llawk told me she had fir'cd the Community Manager because the office
nccded Lhe nroney. I Iowever, D.A. Iawk did not wanl to reilbulse l)alas County, bul was
obsessed with getting tlre salary of tlic Public Information OfJcel laised. 'l'he Public
Itrl'orrnation Oflicer is thc D,A. cmployee responsible 1r leleasing informalion 10 thc lews
turcclia. Ilveu thoLrgh D..r'\. Ilawk knew that tho situation had been lemedied legarding the sourcc
of the supplenent to the Community Manager''s salat'y, D.A. llawk 1red thc Colnmur.rily
Managcr a nlcre ten (10) days bef'ole the corrected-salaly situatior.r was to take ellcl. l"he
Community Manager was fired because ol' D.A. I lawk's own mistahe.
Regatding tlie nroney owed to Dallas County 1orn the "hot check" lind, the Dallas D's
Office did no1 pay that motrey back to Dallas Counly until just sholty bef'ore my employrlent
was lelurinated. Before I lel't 1he o1'Ice, in mid-Seplernber' 201 5 (and lol the lr'st lime in D.A.
I'Iawk's tenure) thete was more lloney in the hot check lincl than was owecl 1o Dallas County.

ln Malch 20l5,D.A.llawk called a1r ernelgerlcy meeting of the entire D.A.'s Office,
which was complised o1- apploximately 450 employees at that 1ime. l-here was no apparenl
olJce-r'elated reason 1r the meeting and no such reason was conrmunicated during the
tnceting, D.A. Ilawk t.uade comments to the elTecl that people in tlie officc talking about hel and
lrer pelsonal lif. D.A. l-lawk cr'ed at oe point and stated something to the effect oI"'it's OK to
cty because Ih a gill" and asked fol oonfitmalion from the audicnco by asking "righl,
gills?" D.A. llawlt then staled somothing abont 1he peoplc in the loom not liking her and she
clidn'1 carc wl.retl.rer lltey did ol not. ller demeanor rvas childish and unplofessional. ln light of'
how nothing of suLrstancc lelative to the linctioning o1'1hc D.A,'s office was discussed by D.A.
llawk at the meeting, the atmospherc of the meeting was very odd,
In light ol'the laok ofsubslantjve contcnt o1'the meeting, I mulled ovet'what the cost to
Dalias County ol'having such a lalge. seemingly-unnecessaly meeling would be becanse neither
llre assistanl D.A.s nor thc staff menrbels wele doing any or-theil wol'k whie attending the
rneclir.rg, Wliile I would bc intcr"estod to sec plccisc analysis oonductcd by the lluman
l{esource s l)epaltrnent, a conselvativc estil..ate of the money wasted would attribute to assistallt
D.A.s lost mouey in an aver'ge amount of l50 per ttorney (250 attorneys) and pelhaps one-llall'
o1 that amount pel stal member' (200 employccs). 'I-hat meeting was undoubledly noL a good use
o1' Dallas County linds.

A similar, lcss-than ell'rcient use o1'thc IimiLcd resources o1-Dalas Counl,occurred

rcgalding tlie budgeling prooess. D,A. llawh oalled scven separale budget-rclated meelings of
all the Administlative Chiel, presunably so D.A. Ilawk could tell all the Adminislrative Chiefs
whal D.A. Llawk wanted submitleci in tlre budgel requesls. llowever, after 1he sevenlh neeting,
D.A, llawk gavc the .Adr.ninistlativc Chiel no input and told then sonethjng to the cffct of "all
ofyou turn jn your l'equests Lry Friday," All seven meetiugs ploved 1o be unnecessary and ofno
treneft. The lrirsf Assislant, who was young and inexpelienced and had nevel plepaled a budget
belr'c, emailed to the Chieli towald the end ol'1he budget plooess asking them to res"rbrlit their
-l-he
lequests. Tliey all lesubmittcd their lcquests.
legal ssistant put the |esubrniu.ed lequesls ir.r
the notebook I had aheady prepaled.'I'his caused sevelal days o1'extLa unnecessaly work lbr me
1o lead 1he duplicated subnrissions. 'l'his is evidence of D.A. Llawk's numet oLls teiminations
resulting in ir.rexperi<:nced attorneys rising to high-ranking administlalive positions resulting in
ll'role costs to the taxpayels due to misrlanageurenl.
March 18, 2015 stands ou1 because it was the only tine I evel saw D.A. lJawk at the
(l was l'eqr-rently wolking late responding to the audits). On that day at about 6:30
PM, D.A. IIawk surnnoned me to her officc by yelling out lom hcl office. Since out ol'f ces
were very iu close ploximily to each othel, I could respond plomptly to hel having called for
re. l).4. Ilawk then denranded to know hclw much nloney was lhen in the "hot check" fund. I
explained the negative balance status of the "lTot check" lund, which plompled D.A. llawk to
anglily, scream "cut the shit," 'l'hc Cornrnunity Manager was prescltt. D.A. IIawk then ordered
le to obtain and compile all the bank statenrerts and leconoiliation statelnerts that pertained to
the "hot check" fund to demonstlate how it had bee depleted. Such a plocess would lequilc
gong back over a pcriod o1'nany moulhs.
ol'1ce late

I explainecl to D.A. I-lawk that the infon.nafion was on 1he conrputers ol'employees and
would have to be plinled out fi'om tlose col.lputers. D.A. Flawk told me to have the printed
lel)olts on hel desk by 8 AM the next day or "it's your.job". I understood tliis to men thal I
would lose rny jolr. I had to call D.A.'s Ofllce employees at night and inform them that they
eitl.rel l.rad to come in at night or come in early enough tl.re next molning so thal all the documenls
could be plinted out and on D.A. lJawk's desk at 8 AM. Regarding slal enrployees, such
addilional wot'k requires Dallas County to pay oonpensatoly tinle, which ultirnalely comes fronr
the taxpayers of Dallas County.

t 8:30 AM lhe next r.r.ror. ir.rg, D.A. l-lawk auived, walked up to the t'ont of my desk,
asked me, "Tha1's not tlue whal you told me yesterday, is it?" She was vei'y angly and
appeared 1o be sullcriug om some menta disoldcr. What is even rnole troubling is that she
did aln-rosl the exact same thing each of'tlre next thlee days, walking up to n1y desk and
asking, "'lhal's no1 true what you told rle the othel day, is it?" As for the documents gatl.rered iate
at night ar.rd eally in tirc rnorning as slie had olcielcd, i).,4. tawk did nol seem ilterested ill Lhose
clocunents when they wele plovided to her'. I had only bcen in the position of Adrinistrative
Chiel'lr'a few days. D.A. Ilawk had been obligatng salary to be supplcmenled out olf the
"ho1 cheoh" fund starting in .lanualy.
.rd

VII.

Orders to commit

ln

illegal act

Arother such example that stands out involves 1llc events olApLil 13,2015. On thal day,
I).4. llawk enteled my olhce and outright oldered me to suppiernent the salary lor the position
ol'Public Inlr'rnalion OfTcer and Lo supplerncnl the: salaly 1'om the "hot check" Jund. D..
llawk angrily told me to "geL it done." I adviscd hcr Ll.rat such an expcnditule was illcgal and she
snappecl "make it happen, now." Once agair.r (as on numelous occasions) D.. Ilawk appeared to
be suffcr'ing lom some type ol'psychosis. D.A. llawk was ordeling me to supplement the Publio
Inlnnation OlIcer position fr foul thousand dollals ($4000.00). I rvas beir.rg oldered by D.A.
IIawk to increase tl.rc oosl/salary ofthat position by $4000.00 a month and to do so out oJ'that
already-overdrawn "hot check" fund, I did no1 do this. I wrote a legal opinion to hel dated,Aplil
14'l'advising thal if miglit violale criminal law il'she pelsislecl in such an expenditule. She
oontiuued to ordel me to nrrl<e such the expenditule. A1'tcl conversatior.rs with hel about how this
could not be dor,e, I wlote an additonal legal opinior.r with the same informalion on Aplil 17tl'
and gave it lo her'. She also lepeatedly ordered me to nrake such an expenditure 1 onr the Slate
For'Iitule acooullt. I was lepeatedly advising her that that was an improper expenditule also.
Several times, she would ask mc 1o do sor.netl.ring

fol

the fir'st time and then snap "get

it

drnc."

ln buclgetrelaled talks, D.A. Ilawk advocatcd f'ol trying to pay the Public lnfolnation
Olficer twicc as much as LIre anrour.rt of the budgeted salaly for the position. D.A. Iawl< opined
that shc neccled to pay sucl a high salary because she needed a high quality joulnalisl lot that
position because such ajoulnalist could better save D.A. Hawk's repuLatior. In the firsl ninc
months of hr:r lenule as D.., D.A. Ilawk never filled that Pubio Inl'ormation Ollicer position
and it temains open. 'l'hele ale olher Public lnftrrnalion OlTcer positions in Dallas Cor"urly ar.rd
eacli such position has tho same salary level and salaly limils as the other sucl.r posilio:rs.
Pleviously D.A. IIawl< r'cported to thc ncws tncdia shc could no1 fill the Public
lnformation Oloer position. On July 20, 201 5 thc position was not listed as being an open
position on the County website. I ohecked in oul Olacle system and it was not advel'tised. It has
eithet'not been filled because D.A. llawk wanls to pay lal nrore Lhan the allowable County salary
or due to D.A. Ilawk's paranoia about the pr"rbic knowing what is going on in her oflice.
AlfeL D.A. lawk's disappearance in July, the Filst,Assistant adviscd the news mcdia lbr'
weeks that D.A. Ilawk was a1 wolk and atte:rclir.rg tleetings, i.e. employees ale forced to do D.A.
l'awk's bidcling ol risk losing their calee:s.

Ater nur.ncrous requests liom D.. Hawk to supplemcnt salaries with linds liom the
State forfi1ulc Account, and a response lom nle each tinrc thal thal was not allowcd by law. in
ApLil 2015, I gavc D.A. l lawk a wlitter.r legal opinion staling that i1 was not legal to supplernent
salarios rvith linds taken fiorn the State l:'orfeitule Accouut. Days later, on April 23,2015,D.A,.
llawk oante into my olce and asked r.nc if salaries could bo supplcmentecl by taking funds l on-r
the Stale loll'citurc Account. Consstent wilh the written legal opinion I had ah'eady plovided to

het, I toltl l),4, Ilaudt thrt thc lar' dicl not pomrit u4rat she u'as lrroposir.rg. 'l his s evidencc o1'
hot dctcriolating r.nenlal cond1ion. She cannot remenrbel the oorlterlt ofrecent collvel satiorls.

Also dr,u.ing thc budget lrrooess, I).4. I Iawk wantcd r.lo to rguc lbl ar.r additional Chiels
position in 1he Appellate Division. A Chiel-s position is an Altorney l,evcl I.-ive. with an
annual salary o1'mole than one l.unc'ed thousand clollars ($100,000.00). Adding suoh a highlevel position to the Appellate Division would have resulted in the Appellate Divsion
having eleven chicl'level positions. 'fhat would have meant that one-halfol'the Appellatc
Division would have becn complised o['Cllief-level positions.
On Jar.ruary 15,2015, D.A. I-lawk announced to the IJehavioral IJealth Steering
Committee (apploximately 40 in attcndance) "Cindy Stolmer has done a fnlastic job. The
Mcntal Ilealth Division is the DIeaIn 'l'eam." On Apr.il 4tl', 2015 D.A. IIawk told ure "l had so
nuch peace kr.rowir.rg that you\'e there. You'r'e going to be a rockslar. I'nt geltirig a lot o1'positivc
f'eedback about putting you in that position." When she called an olce wide ureeti:rg to
annoullce the leplaoement oJ'First Assistar.rt Wilskye, she had all the supcl chiefs, myself
included, sland behind hel and announced that those behind hel hadjobs l'or as long as they
wanted.

On.Aplil 24tt'l).A.llawk indicated thal she wanted 1o pulchasc an internct softwale

prograt'l called TV liyes and wanted it paid or-rt o1'Lhc S1a1c l'or'1'eiture account. 'lhe cost was
two-thousand and fur hundled clollars ($2,400), 'l'his software allows a televisiou to direcl the
walcllel'to specilcally indicaled pl'oglars in lcal time, e.g. when ploglamnred l'or celtain things
such as, 1he name "Susan llawk" (ol whalevcr subject the watcher chooses). The State audiLors
had been asl<ing questions about such put'chases. I was given a wlittr;n tnr:lro with a lisl often
l).4. employees who would watch TV at wolk to roni1o Jir certain pt'oglams, includirig
anything aired about "susan lawk.".Tust days earlier', on Aplil l4tl',2015, the lilst Assistant
catne aslciug what this setvice was and stated that Watkins was using this to spy on.ludge Hawk
and "l'r.n going to do somcthing aboul i1."
On April 28th, I asked D.A. Ilawk to be moved to another positiolr in the D.A.'s Oflce.
She said "no you arc too valuable herc ". I askecl this mole than once.'Ihe audits are endless,
hours ate long, lhelc is insufficient stafto deal wjth the auclits ancl the regular loutiue duties,
plus the most obvious teason-the stress of liaving to deal with a severely, r.nentally ill individual
on such a constanl l'rasis.
On Aptil 28,2015. D.A. llawk asked rr e jl'thele was ny way to conrbine two positions
so the Public lnlormatiou Oflcel could be paid a yeally salaly over one liundl'ed thousand
dollars ($100,000.00). While we had engagcd in the same convelsalion abo thc same subject
on rippioximalcly lcn occasions 1o thal poin1, again tod D.,4. I laivlt that q4rat shc u'as
ploposing could not be cone. These evenls were troublng not only becausc they an,ply
illustrated how D.A. llawk sulels l'onr sevete attention defici1 disorder, but also because
D.A. IIawk again oldcrcd n.c to use the "hot oheck" fund to supple:rronL thc salaly o1-the Public
Inlbmralion Officer'. More recently (whle D.A. I lau4< was oonl'rned a1 a clinic in Ilouslor.r l'ol'
depression), oul l.luman I.esouloc O1lioer'(an empoyce under rly chain of colntanc) conlacted

(lounly IJunran Iesource Olcc asking agan how l.lresc 1wo positions corlcl bc combinecl.
learned o1'this while attcncling Comurissiouer'' s Courl. D.A. Ilawk was continuing to ask
crnployees other than mysell'!o investigate this even though I had already ir.rsLrucled her
repcatedly on the n.atter. l-his is evide;rce lhat sl.rc is still not woll,
1he

.l

On anolhel oooasion, wrote legal opinion indicating that a spec1ic monetary

contribution was not applopriale fiom public funds. D.A. IIawk agreed. l,ater she went to the
olce accountanl and told the aocountanl to make the contlibution. The Administlative Division
stall'came to me oonlsed about whethel to make this in.rplopcr expenditure. I went to D.A.
I'lawk and askcd her il'she was making that contribution ar.rd sl.re said "l didn'1 tell (the
ccountarlt) to wlite the oheck, I only askcd l.rel when it would be wlitlen" lhr::n D.A. IIawk again
agleed with me that the contribution sl.rould not be paid ou1 ol'public funds.'lhis illogical
slatelnent was lirther cviclence o1'hel deteliorating nlellta state.

VIII.

l,xtrcrnePalanoia

On Aplil 29,2015, D,A. Ilawk came to my office, closed the door, and said "l don't wanl
any olher posilions going thlough Civil Selvice. l'his is tulning my ernployees into civil
servants." I assul'ed her this was not correct and thal all D.A. cmployees are employed "at will"
(meaning they can bc telminaled without cause).D,.A. I-lawk continued 10 say thal plocessing the
positions thlough Civil Service was convelting those employees into civil selvarlls alrd "don't
send anylliing to civil service." It was impoant to her to Ire employees withoul cause.
Accorcling to tl-re tules and policics o1'Dallas Counly, all pelsonnel changes go thlough the Civil
Sclvice Department. Without going thlough the propel clrannels, I could do noue ofthe work to
ohange, add, raise positior.rs, etc. I reminded hel I had been wolking for two months on some
positions on tho velge ofconring up. I had anolher attollrcy explain to her that civil selvice did
not n.eI. they would become civil servants. D.A. Ilawk continued to lell me she wanted nothing
scnl tl.rrougl.r the Civil Service Department.

On May 11, I plovidecl D.A. Ilawk wilh a list of questionable expenditules of'whioh the
Auditor''s Olfioe wanted answers. Most welc lcgalding the Community Plosecution Unit and
urade belr'e I took on tlre role as Adr.l-rinist ative Chief. D.A. l-Iawk told nre il'thele wele any
irnplopel expenditurcs by the Cor.nr.nunily Plosecition Unit she would hold rne lesponsible.
Aflel this lJnit was establishccl i1 was viewed by many as being a carrpaign tool. Though it is
established under a Melnorar.rdum ol'IJndel slanding indicatir'g thal it lnay only be used for
plelral divelsion, it s li'cquenlly used 1r'othel activifies .e. olganizing paradc events,
plesentations in schools, attendanoe at cornmunity events, olganization of the Cilizens Polioe
Academy, etc. 'l'he previous D.A. s1r'r"tclr-lled 1he D.A.'s Oflcc so the Unit answeled to the
Special Fields Buleau Chiel'. D,A. Llawk moved the lJnil to answel directly to her (see recent
olganization c)ralt)
On May 18. 2015, I lbund on nTy desk an invoice 1r' sevenhundred and fil'ty ($750) to
thc l)allas Young l,awyel's Foundation. D.A. l'lawk ordered this be paid out of public funds. Lr
response to D.A. IIawk's rcpeated lequests tlial the invoce be paid ou1 ofpublic funds, I linally
hacl to issue a wtitten legal opinion explainirrg tlie inapplopriale natule ol'1hc ploposed use ofthe

lnds.

IX.

lnability to Undclstand llasic Conccrts

On auother occason, I providcd to D.A. I'lawk a rnemorandur.n indicating that eigbtynine thousand (S89,000) was ovcrdrwrr on the ho1 check {und; she oame back to rny office ar.rd
asked "so I can pay the Public Inl'olmation Oilcer X89,000 pel yeal out ofthis account?" I
Ieitelatcd to D.A. llawk whal I had told ret multiple times in tl.re past regarding how the "ho1
check" fund could not be used to suppleule)t salaries unlil the "hot checl<" fund was no longer
ovel'dt'awn. 'lhis is onc of tlany exanrples that indicated tliat she could not understand sir.nple and
lereated explanations due to hel' r'apidly deoreasing mental futrclion,

On May 29 when I was away fiom the oflice, D.A. Ilawk asked tle accountant to pay her'
Rotary clues. I lad told hel ou two previous occasiolls tl.ra1 sucl.r personal dues would not be paid
with public linds. (See opinion on TDCAA April 9 and Dallas Young l,arvyel Association dues
memo.) I'his plompted yet another legal opinion on June 1. T'he oriniou was an atlenrpl by ure
to p1'otect the Dist:'ict Attolney enlployees 1'om hel inapplopriale lequests.

X.

Psychotic Ichavior affccting other County Officcs

On .lune 1 , 201 5, D.A. I{awk ordered mc to obtain a credit card ir her name. D.A. I Iawk
desired to have such a cled1 card so hel pulchases ou it could be made without ovetsight
and "paid dilcclly flom the State forleitule funds." l1 was not possible to have such a credit card
as Lhe card could noL bc paid dilectly ou1 ofthat lind. Also, such an act would constitutc a
violation o1'County policy. When D.A. Llawk told me she wanled a credil cald in her name paid
dircclly fiom State lrliture funds, my cliscornfolt with lhe t:equest cornpelled rne to call the tew
Courrty Pulohasing Dilector'. one Daniel ()atza, to ask l'o1'his help in dealing with D.A llawk's
tequesl. Garza came to the Distlict Altolney's OIIce with his assistant and explained that it was
impropcr f'or an elected o1'1cial to have r cledil cald of any kind paid with Coullty lirncls, as thele
was uo procedure I'ol ovcrsight of suoh a poter]tial situation. I was grateful 1o Gat'za ar.rd his
assistant lbr their' ssistnce. D.. Ilawk row claims shr: did not :rlal(c sr-cl. a rcqucsl. This lapsc
ol'rne:noly is ye1 anothel example o1'hel bleal< wtli reality.

On yet anothcl occasion, D.A. LIawk ordered that -four-hundlcd dollals ($400) o public
linds be paid to KwanzaaFest in ordel she and the Communily Proseculion lJnit could attend
this community finction. 'fhe Con.rrnunily Proseculjon Unit is obligated to only work on prc-

tl'ial diversion oldel'cndants, any olher activities would violatc tl.rc Code of Clir.ninal Prooedurc.
'fhe County Auditol and his assislanl came to the I)istlict.Attorney's Olfice and had a rneeting
with tnysell'and D.A. l'lawk ancl indicated that lhr:y would r.ro1 ppl'ove suoli an expenditure. I
was gtalef'ul t the Counly Audjtol and his assistant ofpolenlially paying public lirnds to
I(wanzal.'cst.
Or.r.lune l'r the lirst Assistant told me she needed 1o be rresent whet.evel I spokc to the
County ludget Olfcer about the budget, rrrorc evidence ol'D.4. l-lawk's paranoa.

As D,4., I).4. Ilawk leceives an eight-tl.rousancl four-hundled dollar'($8,400) annual

stjpetld 1'om the oounty tra1 per'l.ains 1o hel pelsonal car "rse. This is bcsides hel annual 1ti210,000

slar),. On .lune 2,2-015, shc lold mo shc u'nte. to tkc an in\resligalor: crl out ol'the (Joutrt' s11
June 9. Such oals ale equipped with llashing lights, a silen, and a polioe ladio. 'l'hjs is woLlld
have oonstitul-ed a violation ol Cour.ty policy ur.rless il had been bliefd to Col.nnr issioner's Coult
and was lbl a law-cnlbl cen.cl.l purpose only.'lhe D.A,'s Ollce l.ras teady access to a llack
-lahoe
palked in the basement o1'thc Ftank Ctowley Cour-ts building used to esool't her to
appropriate lunctions. On anothel occasion, DA l{awk called me nto hel'olTce and asked i1'she

could use public fr-rnds to rent a cal to atLend a conJ enoe. Ilelre I oould answol hcr', DA lawlr
lilerally hissed, "Beoause you always tell me \ro' to every single thing I ask for."
Sonretinres whcn I was talking 10 attolneys in rny ofhoe she would cor.ne in and ask what
we alr; talking about. Onoe when I was oul siok (which is a vety rare lhing) she oame in and
aggressively asked "what was wrong with you?" D.4. Ilawk's inqLrily did not seem like a benign
questiou, brt lilte she thought my having tal<en a sick day hacl been a ruse to cover up sornething.

Whcn l1r'st took th<: position o1'Administlative Chir:l'lbul Statc auditols wele in the
oflce expounding thousands o qucstiorTs and requesting thousands ol'docurrents, the budget
was due, and I.nany fuuctions of'1hc posilion had gone unattended because of'the position having
been lel open and lhe laok olpassing on ofhnowledge as the two Adr.ninistlative Chiefs before
rtle were lilecl. I was working long houls ar.rd occasionally needed to close rry dool to do the

wolk wilhout distractions. Whcn I would close ury dool D.A. I-lawk would come and
open it and stand outside rny dool staring at rlc through the one inch crack she had lefl between
necessary

the ckrol' and tlle wall.

XL .Icoparrlizing l'ublic Safcty

D.A. I:lawl<'s palanoia has ex|ended evcn to fir'ing good, talentocl people doing impor{.anl
work fol tlie Distlict Altorncy's OI'f ice and the cilizens. On June 3, 2015, she fir'ed an
investigator, and a forensic investigator: .lonatharr IIay, ACIi (AcoessData Certiled lxanriner'),
CllL (l3laok l-ight Celtiled lJxaminor'), CCLO (Celliblite CeltiJied Logical Opelator'), LCE
(l.,an1ern Certified [xaminer); and the Comurunily Manager. I]dith Santos, ClB (Certilied
Forensic Examiner'), CFCIi (Certificd Computel Folensic Examiner), ACE, Clll resigned out of
Iar'. None wele given any excuse l'ol tlic tcrminatior.r. D.A. I'Iawk theu had Santos escorted from
1he building eve:r tl.rough Sar.rtos had aheady submitted her two-weeh notice. The Trial Bureau
Chiel'is now the only pelson D.A. llawk brought witl.r l.rer on her' lr'ansilior.t stall. The Scoret
Servioc l.rad loaned the Districl Attolney's OlTce computer solwale and equipmenL wilh a value
oJ'one-hunc'ed and llteen thousand dollals (t1 15,000). When D.A. Ilaw< disbanded the Digital
lotonsio UlljL all of1he valuable ar.rd useful equipnrenl had to be returned 1o the Secrel Selviec.
'l'he CounLy matched that with auothel arploximately fifty-tliousand dollars ($50,000) in
ecuiprneut, so1-tware clo.

As J'ol the ecluipment Iiotn Dallas County, it is now sitling unuscd, On.Tul.re 14tl', D.A.
Ilawk inquiled rvhcthet the D.A.'s OIIce could seJllhat contpuler equiprncnl by sending tl.re
il'st Assislant to 1lk to empoyees of the Distlict Altorney about how she could accornplish this.
D.,4. Ilawk never discussed her atlenlpts 10 seJl this equipment with lne. Ilowevet', it is illegal for.
II

ar.y Cloullty elllplo)/ee to applorr-iatc or sel County-orvued ecluiptncnt u,ilhou1 goiltg thottgh the
plopel ohal.nels and procedures. It is well estaLrlished tliat County pr:operty that is no longer
beir.rg used mr:s1 go through the AdlninistraLjve Divisior.r and then be sent to the Counly
Pr"uchasing Derartrlent so it oan be put up I'ol sale at a public auction. It would have been highly
illegal lbl any rnembcl ol'the D.A.'s Office 1o just sell the foleusic colr.rplltel equiprleut.

It is well known by anyone with an understanding ofhow ar.ry agenoy or business

functions tllat every lime an employee is losl there are costs 1o the ernployel fol appr-oximately
ll,ree times tlie salary o1'the lired en.rployec, Ilcplaccn-ront enployees must be trained, whicl.r
oosts the empJoyer. [i'cquer.rt stafl'tulnover conlributes to a dccrcase in the quality ofscrvices
rendeled and the spocd with whioh suoh services may be lendeled. I-osing expclicnced
erlployecs rcsults in losing institutional knclwledge by the employer'. Fol example, lor six yeals
I was the Chief o1'1he Menlal Ilealth f)ivision where one olmy many Jinctions was to keep
those rvho have treen f'ound rot-guilty-by-reason-of-insanity in the menlal institutions wele they
belong. I knew of'the lcts in the cases and close reationships with many victims and we worked
logethcl lo ensure the saf'ety of Dallas County oitizens. That knowledge is now lost fo the
citizens ol'Dallas County. I am no longel in thal office to be alelted about such leleases. Also I
wolked on the many audits fol seven months. 'I'hal work is row losl to llre citizens and someone
else must start over'. D.A. l-lawk's rash decisions regarcling firing employees have only beelr
detrir.nental to the abilily ol'thc D.A.'s Ofloc to lir.rclion at pcak efficiency and ale jeopardizing
public salely.
Also thc Cour.rty pays the wlongfully tellninaled r:urployee's uriemploymer.rt. StalT
tullovcr conlributes to a decleased quality of'selvices, and instjlutional knowledge is los1. The
lcason the Tarrant Courty District Altorney's Office, whele I was once a prosecutor, is the best
dishict attomey's ollcc in the State, has such a good reputalion, and the highest salalies in the
Slte, is because the I'arrant Counly Disttict Attorney who held the post fot ovel thilty years dicl
not lr'e people without very good cause. lle hiled the best and menlolecl them.

lly my count there havo becn thilty to lblty pcoplc Ircd by D.A. LIawk.'I'hat is a loss ol
lo gyo of the staff. 'l-he County lost the safety delived from tl.re valuable work thc lorensic
investigalors wete doing in thc high intensity dlr"rg tlafficking aleas. The folensic investigatols
were monitoring cell phones ar.rd e-rnails of crjminals. Before l-lay was fired and befole Santos
was escorted out of tl.re building beI'ore hel'two-weeks had run out, both FIay and Sanlos had
been asked if thcy had been nonitoling D.A. IJawk's e-mails and/ol phone. 11 has been
cstiratecl 11141 thc oosts incuned by Dallas Counly legaldi:rg 1he losscs o1'l:fay and Santos and
losing usc of tl.re valuable equiprnent loaned and the tlaining in the use thelcofis halfofa million
collars. Losing thcse valuable investigators is evidence ol'D,A.l lawk's continued actions
.jeopardizing pubic safety. Also using tlris calculalior.r, the fuur ohiels she has 1red sinoe taking
ollrce and thc scven ohiels she 1r'ed jr"rst belble taking ollce rnay have oost the County over' five
million dollars.'l-his does no1 include tlie lill thiLty to lolty telminalions nrany of which were
6

mpo:'tant and hey personnel.

3,2015, D.A. llawk leleased a new organizalion chart with the Communily
Prosecution tJr.rit answer-irrg direclly to her'. She had pleviously indioatecl tlrat she would create a
Iehabiljlatjvc.Tustice Unit and put Cormrunily Ploseculion (whicli is leqr"riled by law to only do
Or.r.Tune

plctrjl clj\/crsion) ulder that ne\/l)/ created Unit. D..\. Ilau4r called a ueeting rvith tlle Chiel'
Public Defnder, and sevelal olhers wele she announced hcl plan. Hrwever D,A. IJawk did not
lbllow thlough with her plan she laid out in the meeting. .D,,A. Ilawh had war.rted me to pay for a
tablecloth witlr public l'unds that woulcl bear 1he words "Coul.r.ruuity Prosecutioll Unit", fhe cost
was ovcr 1ht'ec-hundlcd dollars ($300). 'fhen sl-re ohanged the nalre 01'thc lJnit, Filst she said sre
u,oulcl nalne it the l{ehabilitative.lustice Unit, then the Restolatire .lustice Uuil (this was the
namc I pt"tt on thc org charts that llust be sub:nittcd when I submit the bLrdget) and she finally
settled wilh lhe uame le1'olrnalive Justise Unit. Thal inapplopriale expenditure oi'public funds
wo-rld l.rave selved no pulpose as she changed the naure shortly afler.that idea,

Djvelt Coult now answels clirectly 1o D.A. Llawk. Also, D.A. Iawk separated the
Appellate Division Ionr the Special Fieids Burcau Chief. I had pleviously advised lrer not
that as they wele inextlioably inteltwined.

1o do

I once fornd D.A. Flawk's notepad on my desk. She sent allotl'er prosecutor to my o11ice
to relr'ieve it. Sometimes she would come to my oflhce ar.rd order 'e to turn ofl't1y oompuler
saying "people can heal us." Otlce she came to n-ry ol'Ice rar.r.rblir.rg lapidly about the appellate
division. She suddenly slopped, glaled at me alld fufiously statcd "don'1 interrupl rne." She
continued glaring at r.ne silenlly 1'ol an uncomfortable length of time.
On .lune 4,2015, D,A. Ilawk called and Acjnrinisfrative Clrief's mceting where she
oldeled the eleven super chiefs in attendance to shut off their phones, and then in an angry voice
said "anyone lunning againsl rne ol helping sor.ncone who is running against mc needs to get out

now" lhete was a long uncomfoltable pause. and llren she lepeated it. Which lead to another long
and oomlrtable pause.'lhen she addlessed each ol'us individually about why we should be loyal
to her'.
On anolher occasion, which oocurred on June 5, 2015, D.A. l-lawk not only
explessed being glad about having 1r'ed 26-year employcc, Investigalol. .lelT Savage (a well-liked
and higlily lespected Investigalor' fired eiglit rrlonths before his retilement), but also smiled and
said "l'rn happy about iL" (his telnlination). D,A. llawk said thal she had lired Savage beoause
Savage had spoken to repoltel Tanya Eisercr belole he was liled. Recent)y Eiserer indicated that
she hacl nevet met Savage befole she heard he was telrninaled. This is evidence of extreme
meutal ilhress. "Confbulation" is a memoly disfurbance, delned as the ploduction o1'fbricated,
distolted ot misintet'pleted memories about onesell'ot the world, wthou1 the conscious intenlon
to dcceive. D.A. Llawk irnagined that Savage liad talked to the lcpolter llEFolll the telmination,
because she saw l.ris inlerview on telcvision wilh the lcpolteL AF'fl the termination.

'l'hcn. l).,{. ilau,k adcircssed 1r'ing thc C)orrnrunity Managcl arrd explaincd tra1
the
Coururuuity Managet's position was needed fr incleasir.rg the salaly o1'1he Putrlic Jnlbl lnation
O1'lcer'. l)r;spite our having discussed lhis sarne subjeot in the pas1, I again told D.A. Flawh that
the two positions of Cornmr"urity Managel and Putrlic Infolnratiot'r Olficcl were not lelated
and could no1 be combined.

On June 26,2015, D,A. Ilarvlt callecl me to her oll'rce ancl saicl "you clicll'l tell

rle

m1,

ll

I)ues weleu't paid". Payrnent ol'hcl'State Ilal Dues is her tersonal iesponsibilily.
When I inl'olmcd D,A. Ilaivk I had previor:sly had this discussion wilh her', she lesponded "wcll
maybe you did." Shc had also pleviously lell her carnpaign 1nance reports on my desk fr rre to
1l'epalc. I dicl not do so as I did no1 hrve the inl'ormation about I.rel pelsonal linances.'lhele ale
S1a1e

serious penalties and l-rnes 1br filurc to 1ll out such leports.

Itold D.A. llawk I needed informalion that only dith

Santos, Irorcnsic Computcr'

Investigator, had ir.r order to respond Lo the rederal Ior'leiture leview. D.A. Hawk said "well get
hel in hele and let's talk to hcr," I had to lemind D.A. llawk she had Sanlos esoortcd out of tl.re
bLrilding altel Santos submitted her resignation three weeks earlier.
Many, many times other altorneys in the office came or oalled me and asked me to
oonvey inlr'mation to D.A. Hawk. lirnployees are al'aid 1o tell her things themselves. 'lhey are
also a1aid to even be seen in the Adlrinistlative Division on the eleventh lloor olthe I).4.'s

olcc.

I).4.

Flawl< would request that attorneys do legal lesealch and lhen when asked about

it

agaiu latel she would say "do we need that?"

'I'hc Administrative Chiel's Posilion rcsponded to the nlany audits, budget, supervisiug
Iinaucial Sclvices (two acoountants and an administlalive assistant), Checks Division (6
ttolneys, 5 investigatols), Mental Llealth Division (4 aLtolneys), 'lechnology, Records, Victim
Witness, Granls, Iluman Resoulces, T'r:uancy,'loll 'l'ag, Court of Appeals I (1 attolney),

Switchboald, Video Roor.r.r. Support sta{T(130+), aulholizing pulchase olders, requests fol'
payr.uenls (RFP)(vendors, witnesses, fulniture, elsctlor.rio equiprnent, notary, arnmo, . . .),
requests fbr leimbursements (employees, tlavel, . . .), Iecords of Malerial Received
({Ml)(lirniLute, electlonics, llPP counseling, ten'rp ernployees, etc.), f'otliture accounls,
invenlolies, Olacle requisitions, bliefings to Comrnissioners Court, travel requests, and muoh
rrole (thousands ol'such requesls, pulchasc ordels, payments, . . .per year, sometimes hundreds
pcl day) and countless othel dulies. D.A. IIawk moved lequests lr public infolrnalion to the
Civil Division to some very ovelwolked attorlcys. 'l'hat was a movement liom the Special Fields
Bureau Chicf position. Tliat Special Fields Bureau Chiel, level eighr, positior-r now only
supct'vises two people. 'l-his cxample o1'allocation o1'duties is evidence o1'hel urismanagement.

D.A. IIawk nroved a level five attol'ney from thc Civil Division to the Juvenile Division.
'l-hc Civil Division is grossly ovelworked.'Ihe Juvenile Division has had declining numbers
o1'
cscs ycir al'lcl yciu (a 36% decline ili cases ovet'thc past lr:ti )'ears).'l'hc lr-rdgct Dilcctor'
requested an explanatior.r

lor this move and she could not give one. I'he County lludget

I)epartrent and the Conrnrissioncr'' s Coult ws very disappoinled aboul this mismanagement.

D.A. llau'k bas apploached the slal'n the Adllinistralive Division l'r'ecucnll, askng to
sign lbr things wilhoul r.ny knowledge or oversiglrt. It is lequiled by the Auditor''s olcc that thc
Chiel'o1'1he Division sign l'ol such purchase s,
Augusl 13,2015, a letlel was lclt on n.ry dcsk to pay D.A. IJawk's attoney
occupatior.r taxes 1 or.n public funds. Not only was it inappropliate 10 pay this wilh pr"rblic furds,
i1 was inappropriale to ask anotllel attol'ley to do lbis work lr her. I asked D.A. l-lawk's
secletary whelc tl.re lette| car.ne lom and she said the Filst z\ssistant gave hel the letlel and
instructed her to give it. D.. IIawk was slill in an undisclosed rehabilitation Icility and had
been n.rissing fronr the oflce since July 28tr'(and had not been seen by me fol almost four
weeks). I had only seen the Iilst Assislant lhirty n'rir.rules 1'or 1hc immediately preccding twoweek peliod and had been told that thc lrirst Assistart was not in the o1lce much for the lasl
week ol'July either. My office is on one side of D.A. Ilawk's and the Filst Assistant's office is on
the other side. I walk past the First Assistanl's olfice several times a clay and we park near each
-ll.re
oll.rer'.
Filst Assistaut was spending County time obtainirig doountents fi'om D.A. lawk
while D.A. Flawk was in a lcility (not only this letter in mid-August but also tlie $22j00
appoltiontnent check mentioned above in nrid-September). I knew thal D.A. IJawk had not been
in the oflce rnuch sinoe mid-July; however', I learned virtually all other detajls about her absence
lom thc media. Even with the absence of the D.A. (and the First Assistant) the office was
lunnir.rg belter than it ever had.
Or.r

On August 13,2015,I learned that the Filsl Assistant had put a non-lrensic investigator'
jnJonathan Llay's position. IIay's position was unicuely cleated througl.r an agreement witl'r

fedelal ar-rtholitics. T'he agleenrent was to pay tllc first yeal and then thc County would take it up.
I learned from lhe Counly Auditor''s oflice that the position had been filled even though there
werc no funds lioln which to pay the salaty. This position was lost when D.A. Hawk fired Hay's
because thc County had nol yct clair.i.red up. The County would llave taken iL up ore l.nontb afler'
D.A. ilawk fir'ed LIay.

it was nccessary to hire l'our outside the oltce

in Augusl to keep I'om plomoling plosecutols to lhe level of Chiefthat had just been witli the
ofllcc l'ol thrce rnonths. l-hese rapid-fue telminations waste the lime of other cor"rnty oflicials 1o
discuss thc issues with the new employees, I had to have vety lengthy meetings wjth the local
So many employees have been fired thal

auditors, State auclitors, fedelal audilols, Budget I)epaltment staff, Purohasing Depaltrnent staff,
e1c. Now the nexl petson lrust take r-rp the valuable tinre ofthese olloials again.'lhere is no
retention or over)ap in cr.nployr.nent to allow instituLional knowledge to be passed on. By firing
thlee Ad.ninistlatjve Chiefs iu a njne nronth perioc. D,A, I.lawk paved drc way lbi'hel to nrakc:
ir.rapplopriate cxpenclitules.

D.A. l'lawk clairned that she held the $22,500 check (apportionment Irnds l'orr-r Austin
mentioned above) because she thought it was her pay stub. If D.A. Flawk cannot distinguish a
$22,500 check representing public funds from a personal pay stub, then this indicates yet another
serious break with reality.
There is an atmosphere of terror, fear and intimidation in the Dallas D.A.'s office. It is
unhealthy and unproductive.
There are many other instances of'sick, psychotic behavior by D.A. Hawk. It is too
tiequent to document here. While I am very sympathetic to her mental illness, and wish her no
ill will, she cannot resume the duties of'that office or regain the public trust. It is particularly
disturbing that she has terminated, without cause, three separate Administrative Chiefs. The
position of Administrative Chief is that of the Chief Financial Officer of the District Attorney's
Ofce and these rapid-fire terminations contribute to instability in an area where there is much
room for vulnerability. D.A. Hawk has demonstrated gross incompetence, gross ignorance of
oI'fcial duties, gross carelessness in the discharge of those duties; and unfitness and inability to
promptly and properly discharge official duties because of a serious physical or mental defect
that did not exist before or during her election. Such leadership is draining Dallas County
resources, jeopardizing criminal cases and jeopardizing the safety of citizens.
On lriday, September l8th, D.A. Hawk's abuse of public funds was reported to the
F.B.l., the State Whistleblower Hotline, the local Whistleblower Hotline, the Attorney General,
the State Auditor's Office, the Dallas County Auditor's Offce, the Department of'Justice, the
Dallas Police Department Public Integrity Unit, and others. Her erratic and psychotic behavior is
costing the Dallas taxpayers dearly and she must be removed from office before she inflicts
further damage.

STA'|E OF TEXAS
COUNTY OF TARRANT
IIURTHER AFFIANT SAYETH NAUGHT.
SIGNED this the 13il' day of October ,2015,

Ms. Cindy

SUBSCRIIIIID TO AND SWORN BEFORE ME, the undcrsigncd autl-rority, by Ms. Cindy
Stormer on this the 1 3tl'day of October ,2015.

MEREDITH D. CHERRY
Notory Publlc, Sioie ol Ioxos
My Commlsslon ExPltes
JulY 18, 20.l 7

t6

N().

IlFIDVI]'

llcgalding Dallas County I)istricf .4ttorny Susan Harvk

ST,TJ OIi

I'I]XAS

COUNTY OT DALI,S
BEITORE MI, tbc undersigned ofcial, n this day appcared Edith Santos, who is know
personally knwn to nie and first being <uly sw<lrrr according to law upon her oatlr depose<l
and said:
"My nantc is Edith Sntos: I aur ovcr the age of eighteen yezns and my mailing address is
932 Peavy Id Dallas, l'X 75218. I have nevcr becn convicted ol'a crimc, qpd I em fully
compefent to make this afIdavit. I have pclsonal knowleclgc of the fa'rts sta{Hd hcrein. ad
thcy are all true and correct.',

I, Edith Santos, joirred fhe Dallas County l)istrict Attorney,s Ofhcc n Ocrober 2006. I
personally do ttot know Hawk. Itrior to her election as District Attorney my only interaction
wit. her had becn requestirrg hel sigrrature lor search warrarts. As a Judge, I never experiece
any odd behavior dlring my brief interactions rvith hcr.

when ljawk was elected District .\ttomey, I ws assigned to the Digital Forensic Lab. lt was a
newly oreafed division ald Tomnty llutson was the Director at the time. The Digita lorensic
Lab was offcially opened i.November2014 and aPress l{elease sent to the nredia. The
exarniners iu the i.igifal foensic lab cotisisted ofJolur ITay and me. hi the oreation of the lab, the
Dallas Counfy District Attorney's Office purchased two forensic workstations an<l some softrvare
and licensing and spclrt approximately $55,000.00. I was advised that rnds from the forfeiture
l.nds wcre used t<l purchase fhe equipnrerrt/software. Both John Hay and I were assigned [o the
[Jnifed Stales Secref Service lectronic Crimes Task Force.

I was a member of tte task force since mid 2012. The USSS invested a lot of rnonev and time in
my digital foretrsics tlainng. The following are some of the classes I atfended at th National

Chrnptrtct lrlcnscs lnslitttle or

tt thc tJSfjS

Dallas liclcl OII\oe and at fhe expense

of tlte Ur\iLed

Slntcs iccrcr Selvice rnd thc Alabama Disl.rict Altonloy,s Assooa(ion.

Netrvolk .'olensics'l,nining

Atril2{)15

Unitod St tcs Secler Scrvicc

llosic Mobilc Device l;olcnsic 'lraning

April20l5

United Sttes Scclcf Scr.vice

Certified Cyber Irolcnsics l>rofbssional Training

November 2014

Unitcd Stales Secel Servicc

Macintosh )orclrsics Training prograrn

June 201 4

United Sfafcs Scolet Sorvice - NCl

Web Iacking and Forensics Course

April2014

United Statcs Secret Service

Basic Cou:u1er IJvidence Ilecovey'l'raining

July 2013

Unitcd Sfates Secret Service * NCII

Basic Network Iutrusion 'liaining Program

November 2012

United States Secret Service -- NCI'I

Cr:rtfied Encryption Specialist

August 2012

United Sttes Secret Seivice * EC'-Council

I was also invited to assist in teaching lorensics at the National Computer Forensics
Instifute
(NCFI) to Prosecutors and Judges all over thc nation. All expenses includine

trainid;J

tca<ltinl rtcrc paid fbr by

I have Jlrticipatcci in.

N(ll

l'lle firlJorving arc sonc

C)onrputcr' Fo crsics ir Corrl -- I) osccttors Cllass

o l' l hQ

spcal<ng/(caching enga[ctr(]llts

l\4aroh 20 i 5

lrntional Comruter lorensics lnstitutc. t lfSS

Comprr(er lorensics n Cout

Pmseculors Cllass

.lanuary 201

National C)onrpr.rfcr .'orensics ltstitute. tjSSS

Ilasic C<lrnrutcl Focnsics Trainitg - Pr.osector
I)istrict Altomc,'s Ollcc

JLrly 2014

Dalas Couuty Ciliz,eu's Police cadeur,

Cyberclin.re Ovelvierv

Februaly 2014

Dalla>^ Counl'

Dallas County Distlict Attolne-'s Oflice

Shor-tly allel l{awk took ollce, llarvk visitqd the Digital llolclsics L.nb. 'lhis rvas nry lr's1
inl.eraclin with l-larvk. 'l'ourm, l'1u156. thc Dircctor nt thc tinc, atlcnlptcd 10 explail the
divison's caphilities. l-lawk though ws distl'lotd ind kspt asking questions but csll phones.
Ii'or cxarrrrlc, shc asked whc(hcr or uot il \vas true that SIM cartls could he clonccl atrcl before
anyorre could arrswcr shc rvoulcl ask arrothcr question, 'l'lrcn she grve her :lrone to forcusic
exanriuer John l{ay and askecl him if all o{'hcr'sctfng wcre corrcot so lo orlo could track her.
Within seconds of giving.lohn lay hel phonc she lregau to oontirluo\tsly ask "what ats yu
doing?" She askcd this two or threc lrorc tinres cvoD tbough.lohn l'l0y was t(empling to
answer. .lohn I'lay had hel plronc in his hand in lrorrt ol'hcr thc wltolc time. John told her that
hcr sctlings \vcre corrcctly st nd tll trcking wos of 'l'owards tltr; end ofhcr visit she turncd
around to look at John l"lay and simply stuted. "l'l1 I'celirrg sonre animosity hcrc." No one had
any iclea rvhy shc world sy or sense thnt.

Shortly thereaftel", I urrtlc rrrnger)ents so thrt sle could neet with IISSS Dallas liiekl Of'lce
Special Agent in Chargc and Supcrvisory Agcnt ovcr tltc llochoric Crimcs'fask lorce. I
wauted to uke sure that l-larvk undet'stood rvhat the'l'ask liorcc brought to the Dallas DA's
Oflice al)d thc citizcns of'Dallns C'ounty. Not orrly cld the Task ltorce provide us both with
training but, also with tho tols to pellblm ourjobs, lt is nry understanding that NCFI invests
about $75,000 in equi:urent, trlining, fivel, lld accollurodtious f'or each pelson attending

iascCourputelflvidenceIleoovery'lraining,whichlttendedinjuiy2i3,'I'hisamountdoos
not inolude tfic oihol llairtings I havo ltentled t Nclll. The program is dcsigned so that when
you finish the basic five wcek training course, you can return to your Iw enforcemenl agency
witb tlie tlaining and equipulcnt flnd be able (o work digital forensic ases.

spol<u to both llawk and (.)hir:l "lohnsr)n fer both rltcJdcd thc nrceling t I.JSSS Daltrs
lriclcl O1'lcc. lloth statocl that thoy hnd a grcat convcrsalio with thc,Spccial Agcnt in Clharge
and thc fiuper"',isory Agcnt, l'lawk saicl to mc "You guys rc doiug a greal job. Keep tip fhe

I bliclly

ootl

rvolk." l'his was my

sconud intct'clion with l.lawk.

.Around l;cbruary lgLl',2015, an crnpioyec within tho 'i'cclrnology Division camc an<J asked 1r
my assistanoe. 'l'he ernployec asked that I con{uct a folensic examination ofa porsonal thunrb
eh'ivc 'l'he em:loyee dicl not givc rnc ruch cletail ab<lut thc cvenls and only statcd he wanted to
give I lawk ploof that lre cljdn'1 delelc file on that {ay or prior clays and asked rne to roco\er ry
dclated Iles titlcd "AttachedPlioncs^txt." I condncted a 1'orcnsic examiratioll on the thurb clrive
and did not locate any litcs rvitll that title s ever being savecl, or erasecl ou the thurrob drve. 'fhe
tcsult oJ'the cxamiliation rvas provitlecl to the etnployee.

Ap:roxirnately a wek or two later', tlic Chief Investigator Randall Johson came iuto the lab and
ifeither John llay nr I haci been "reading her ernal or looking alhel,phone." Atfirstlwas
conf'uscd and didn't quite understand thc qucstion, I was taken oflguard with such an odd
question. I asked him who and wliat lie q,as lalking about. 'lhe Chief said, ,,The Judge's.,' I
asked, "what?" in a disbelieftoe and the chief stated "I was direetcd to ask lJre quesrioq." I
shook my head "no" and vcrbally told the Chief "No." it was theu that I knew rve woulcl be her
noxt talget. I had previously lieard througli other eurployees abrut hel bizarrc, paranoid be.fiavior
s"tclt as colrlinuously disconnecting the network cable to hel county cornputcr ancl disconneoting
allothcl employee's printer, but i hadn't experience that bchavior until I was asked if I was
reading her enrail ol looking at her cell phone.
asked

(f)igilal l'orensics Lab) woulcl be nsxt. that her

paranoiawouldleadustobeinglired.'llatfcarbecamerealityonwcdnesduy.June3d,2015.
She oalled in John Hay, tny partner in (he lab and filcd him, She gave hirn no explanatin
as to
why she fired hrn. I was told latcr shc didn't even know his name before calling irn i. 'Ihat
very ncxt rnolning on 'fhurscla',.lunc 4tr'. z0l5 at approxirnarc'ly l0 arn, on"l: nirr,'i^v*,.
i"
Iaw enlbrcenlcul, I subnlittcd nry lcsignation to Assistant Chief Robert Millcr silrci, Ctliei
Jolulson was out. 'lho evcrring r,rl'Junc 3'' I took my pcrsonal bclongings hornc believing
The weeks lhereailc I feared that oul section

urat shc

would not allow me 1o stay the last t\-vo wecks, '.lihursday afternoon.l was told tlrat slie vias going
to allow me to sfay my two iull weeks. I worked all day Friday, and nrost of ttre ctay on
nday.
on Monday, .Iuue 8tr', 2015 at a:proxiruarely 3pn, nirsi essistant M";;il; Mrr;;',,"j ir.t
Investigator Randall Johrlson carne into the lab and Messina sf&ted tlrat Hawk canged
her mintl
n.d decided not to lot nre stay rny Jlulj two rveeks and that landall w.uLj be os,.ortiirs
mc our of
fhe building- (Both Madson and Johnson were out of the officc the u,cck bcfbrc. durinf
ihe tirne
period in whioh John Hay and other employees \4'ere fired.)

I explainecl to Chiel.ohnsoD t.hat I needed to let someone knorV liou,to del rvitlr all of'thc
physical et,idence tht wtrc iu line to be proccsscd. lle had me call llob Alvrrado. 'l'er:rnolo_qy
I)irector tl,ho took 'omuy l{ulson's place aller he u,as lired. Alr,r.r'do crnrc to thc latl lntl I
explaiued what was lo be trken cre of ancl horv to conlact thc ageucies (o pick up tllcil evidence
alld to irstruct llc ageucies to takc their evidcnce to arother (ligital furensic Iab sinoc thrc u,rs
uo oue lel t the offrce rvith oul specialize<l skills to colrduct such cxurintiors. As I rvas
speakirtg to both Alvarado and.lolurson, the door to 1le ltb openrd rind Hawk rvalked in and
sirupl,asked "Wrat is going on?" I ignored Hawk artl u,alked passe<J her telling Ah,ardo to
follolv nte to the evidence roon so that I can shorv hiui rvliat rvas lefi irr the evidence rcon srrd
rvhat evidence needed to go back to the agencics. After cxrlaining \\rhat ws lef in fhc evidenco
roon we walked back to the lab and llarvk had already left. 1'his was ury third aud kst
interaction with l{arvk.

st' t'l: oF TtxAs

COUNTY OI'I DALLAS
Edith Sntos, e Ammt abolc nalDed. beog dul)'swon,
ar lru

SUBSCRTBED AND SWORN bci<rre

nre

s{L},s

tht shc

has rd thc abov

oi Ocltt\r

,2015.

MONICA

RODRIAUg

IIY COMMISSION EXPFES

Sep$nor t7, mU

AI''FII}AVIT OF JONATI.IAN

I-I,AY

tLo.-.

4.FFID4VIT

llegarding Dallas County, Texas f)istrict Attorncy Susan I-Iawk

STATE OI TEXAS
COUNTY OF DALLAS

BEIORE ME, the undersigned official, on this day appeared Jonathan Hay, wlio is
personally klown to me and first being duly sworn according to law upon her oath deposed
and said:
"My name is .Ionathan Hay and I am over the age of eighteen years. I have never been
convicted of a crime, and anr fully competent to make this affidavit. I have personal
kuowledge of the facts stated herein, and they are all true and corrcct."

My name is Jonathan Hay and I was employed as a Special Investigator / Digital Forensio
Examiner with the Dallas County District Attorney's Office from August 19,2014 to June 03,
2015. I was recruited by the Disfrict Attomey's Office to create and manage the first ever
Digital Forensics Program in the Dallas County District Attorney's Of'fce. My position canied
the responsibililies of working with Edith Santos, another Special Investigator'/ Digital Forensic
examiler, to create and manage the program, conduct forensic examiuations of digital eviderrce
in support of criminal invcstigations and prosecutions, provicle guidance to law enfbrcement
personnel and prosecutors on the proper collection of electronic devices and electronic records,
the proper handling ofevidence, obtaining scarch wamants, and analyzing any evidence collected
from lorensic examinations.

Prior to January 2015 rny only interacfion with Judge Susan Hawk rvas having testified iu her
court (291't Distlict Court) and lneeting witli her' 1o sign searoh warrants. I did not know her'
pcrsonall' ancl I never witnessecl any ocld or unusual behavior. I had only heald positive
sttements about her and unclerstood her to be a very competent Judge wth an excellent
reputation.

Prior to treginning employment with the Dallas County District Attorney's Ofhce I served as a
police officer for sixteon (16) years. Eleven (11) ofthose was spent as a detective and four (4) of
those ycars was spent in a dual role as a detective and as a Digital lorensic Dxaminer assigned to

STATB OF'liEXAS, COUNTY OF D,{LI-AS

,,\FFID,4VI

T'

T]F .IL}N,A'T'}

J,4

I.I I.IA Y

thc North I'cxas lectronic Critncs 'lask lorcc at the Dallas Ficlcl Ollise of the ljnitd States
Sectct Servicc. l)urng those sixleen (16) yeals I rcceivecl the Lif'e Saving Awald ancl was
nanrccl Dclectve of the Yeal for 2007. I rvas nominaled lr'Dctective of the Year'lhree (3) other
years and I was noninated lbr Dallas Coiuf, I-aw Enfblcement Olfice of thc Year one (i) year
and Collin Connty Law Enforccnreut Ofcel ol'the Yeal one (l) year. I havc otrtained f'our (4)
incltrstry aocepted computol and cell :rhone fbrensics certilioations.

I hold a Ilachelot of Arts

T'exas at

degree in Criminology and Criminal .lustice fi'om fhe University o1'

Arlington and I havc completed post-gl'aduate coursework at the Univelsity of I'exas at

Dallas.
N4y assigmnent

with the Dallas County District Attorney's Offcc also involved my lenraining a

n-tember of the satnc task l'orcc. ln this capacity I was also sworn in as a Spocial Deputy United
Stales Marshal, Duling my total ol five (5) years assigned to thc lask foroe I attendecl rnultiple
couLses ol1 computer fcrreltsics, cell phone forensics, netwolk intlusion investigation, python

soripting, and online social nefwork investigations, I was a guest speaker at thc 2014 tlnited
Slatcs Sccrct Service anuual cleotronic climes contbrence in Austin,'l'exas. I was scheduled fo
inslruct a coul'se at the 2015 Crimes Against Childlen Confcrcnce in Dallas,'l'exas a1 the tirnc of
my telminatiou.

My ttaining with the lJnitcd States Secret Selvice included being assigned a large amount of
equipment and sol'fware. While it is difficult to determine n exot doliar arnount I would
estimte that it was in the range o1' $75,000.00 to $ 1 00,000.00. I am also aware that thc Dallas
County District Attotrrey's Olficc spent apprnxrnately $55,000.00 on equiprnent and soliware
1br the new Digital F<irensics Proglam.
.ludge Susan llawk was clected as the Distrigt Attolney for Dillas County in Novenlber 2014.
She took oflce on January 01, 2015. I was onc o1' hcr supporters ancl looked I'orward at
advancing the Digital lorensics Plogram dur.ing her administration.

In Janualy 2015 Judge I-Iawk visiteci the Digital l.-orensics Lab to inquire why dith Szurtos and I
cooperated with KTVI' channel 1 I for a news store relaled to mobile spyware. We .explained
that it was a ploject approved by the previous District Attorney, Craig Watkins, pr.ior to hirn
leaving office (fhe work fol the stoly was completcd pr'ior to Mr. Watkins leaving office and tho
stot'y was sef to air on the same date as 1he visit by Judge Hawk). This was lny first interactiou
with,ludge Ilawk. At this tirne the Digital Forerxics l-ab llt undel the'lechnology Division,
whioh was supervised bv'l'omrny lJutson. IIc attemptetl to explain the capabilities and functious
of the lab; however, he was continually interrupted by .ludge llawk, She askcd nr relos
questious pertaining to hcr own persoual cell plorle, but wcluld ncvcr allow arryonc to fully
answcr hu qucstions beforc intet'rupfing to ask a ne*. cluestion. She asked how she oould
delclmine of any<lne iuslallcd spyl'are on her ov,n. cell phon.e. I al.tem:ted to alrswer her
tluestons. but she inter'upted mc sr,eral times. I vol.unteerecT 1o look al the apps tht were
installed on her oell phone and to check the security settings. She handed her Apple iPhone to
nrc. [-rut somcwhat quickly asked what I was doir-rg. I held her c.ell phne iu fiont of me whilc
seated next fo ber and explained to her that no suspioious apps appeared to be installed and that
all settings appearr:d to be sef coruectly. 'I'owarcls the encl of hel visit Judge I:lawk lookcd a1 ne

S]]ATI] OF TI]XAS, COU}ITY OF DAL-AS

.AlF

IlAVll- F i()ld,41l'1l.l

l-1.4

nd stated, " I am sensing some anirnosfy hero." Soon trllcr', Judge llawk lefi fhe lab. 'lr this
clay I have no iclea why she nde thal coninlont to me. I di.scusscd t.his with Eclith Srnfos ancl
'-ornrny l-Iutson ancl both advised they all dcl nol know why she made ris statemcnt.

'l-ornmy i lutson ws unexpectedly fir'ed sliortly l1er thal meetillg,

Leason for his terminalion.

was not in{'olmed of the

Within ttre next feu' wceks I was informed that Judge llawk would be visiting the Dallas Field
Oflicc of the Unitecl States Secret Service. Edith Santos contacted our supervisors at tbat offioe
and schedule<l the rnecting. I was later madr: aware that Judge Hau,k nd Clrief Investigator
Randall Johnson met with the Special Agerrt in Charge of the Dallas Irield Office, Chief Johson
told lldith Santos and I that the mceting went vety well with Sect'et Servicc ol.f,rcials ptaisiug our
work and dedioation. Chief .lohnson stted to us that Judge Hawk told hirn she was quitc happy
with the rneeting and that she <lid not want to chnge anylhilg with how we were managing orr
work.

Somctime betwsen Februaly and May 2015 (l simply do lot recall the date) Chief Johnson
entered the lab and asked Eclith Santos and I f rve were rcading .ludge l{awk's emails and/or if
wc had looked at hel oell phone. I did not understand his question initially, but wheu he again
asked if we were monitoring hel' communications I assured him q'e werc not rd that I dicl lrot
undersfand why we would be asked this question. ChiefJohnson apologized f<rr the qucstion and
stated lie had been instruoted to ask.

On Tuesciay, June 02, 2015 and Wednesday, .Tune 03, 20 i 5 I Testificd in a trial in the 291'r
Distlict Court. The prosecutol was ADA Hilaly Blake. Iu the weeks prior to the tt'ial I rnet with
ADA l{ilary Blake on rnultiple occasions t prepare for the trial. ADA Blake praised my
assistance, f-orensic work, and testimony.

On Wedncsday, June 03, 2015, approximatoly two (2) hours aller finishirrg my testimony I
received a phone oall liorn Assistant Chcl' Invesligator Robcrt Miller asking if I was iri the
cou(house. He requested that I go to his of'lice. Upou enteriug his office I was surprised to furd
Judge I lawk seated in [he corner. She asked me to sit down. She then sfatetl, "Mr. I{ay, it is
time we part ways. You rnay resign if you like, okay." She then instantly exited the office. I sat
there stunned altd lookecl t Assistant Chief Miller to ask fot clarification that I was.lusf fired. I
then asked why this was occuning and what I had done to descrve this. Assista Chief Miller
instluctecl to walk with him back to the forensics lab. Once back in the lab, I infonned Ildith
Santos that I had just been flred without being given a reason or an explaration. We asked
Assistant Chicf Mllel'why I was lired and he leplied that he did not know eithcr'. He said wheir
he atternptec to sk.ludge I lawk why I rvas being lired, Judge iawk told him it was decision
"above your pay grade" and that if lie con1inued to question her deoision he would also be fired.
.ssistant Ctrief Miller frther lold ure lhat Judge lfawk l'rad not rerneir'bered niy natlie aud or-rly
ref'ened t me as "the guy that does stuff with cell phones." Iefore leavitrg the building I
updated Edith Santos and Assistant Chief Miller ofthe examinalions I was curreutly workiug on
and of the evidence on my desk.

STATH OF"|X.AS, COTJN'|Y OF DA[,L,AS

,4FIIIDAVI'I OII JNA'|}IAN IIAY

ln dre evening of V/ednesday, June 03, 2015 Ecliil Santos called me to inftrnn she would c
submitting hcr resignation on Thursday,.lune 04, 2015, She stated that would no longer wolk in
the cun'ent environment or rvolk in feal ofalso being terminated wilhout cause.
On'I'uesday, June 09, 2015 I lcceived a phone cafl fi.om Chief Johnson. IJe stated I had been a
valued employee and he dicl not know the rcason firr rny termination. I told him I insisted upon
reoeiving an honest explanation lor tny termination. As of Octoler 08, 2015 I have not received
a lesponse.
.lonathan l:lay

STATL OF TEXAS
COUNTY OF DALLAS
.lonathan Hay, the Affianf above named, being duly sworn, states that he has
stalement and all facts set forlh are true.

SWORN AND SUBSCRIBED to befole rne by Jonathan Ilay on

TII(DsY HURI.EY

tlotrry pub{lc
stlte of xr

Comm. Ejolrs O{/Ol/2Ot

STATF, OF TEXAS, COIJN'TY OII DALLAS

la

usc Nr.

CINDY STORMnI{, INDIVIDUALI,Y

AND ON IIEI.IAI-I OF
THE STATtt Olf l'i,xAs

IN TI.IE DISTIIICT COUI{T OF

$
$
$
$

VS.

DAI,L,,\S CIIMINL DI S'I'ICI'

JUDrCr.,\L DISTITCT

ATTOINIIY SUSN IIAWK

D,TLL/TS COUNTY, TT]XAS

I'LAINTIFFS' FIIST I{I,QUIST FOII PRODUCTION TO DIFENDANT

TO:

Defcndant, DALI-AS CRIMIN.,{L DISTIIC'I' ATI'OINEY SUSAN I{AWK

NOW COMBS Plaintiff in tle above-styled

ar'd nurnboled cause and pulsuant to Rule

196 of the'I'RCP, selves the I'ollowng Requcsls l'ot Procuction on Delndant, Dallas Climinal

Dislricl Attolney Susan Ilawk

as set

forth

I.

be

low:

INSTIUCTIONS

You alc hereby notjfied tliat Plaintifl' requests that, within filty (50) days aftel thc se.vicc
o1'these lequests, ot shorlel time as Oldered by the Courl, Defendant must ploduce any and all

of

the docurnents and tangible things listed and dcscribed below, as they ale kept in the legular.or

oldinaty coulse ol'busincss or seglegatcd aocor.ding to each r.cquest, for. iuspcction, copying,
photographing, and/or videotaping, at the addless of Plaintifl's attomeys set lirtli lTerein below:

1.

lor each doculllent ot'othel requested inl'ormation lhat yon assert is privileged, or'lbl any

otltet'reasott, exoludable lion, discovely: (a) statc the specjfic gt'ounds

or other grottnd Ibl exclusion, and

(Lr) reasonably

lol lhe claim ol'privilege

identily that documenl ol othel

reclueslec

inl'olrnaloi sct lbrth in a privilege log.

l'lillnlif,s' l'irsl

le(]ucst

lol Ploduction to Defendant

l)agc

2.

l:or an, requested

inlblrnatiou about

a docnlncnt that no

longel exists or oannot be

located, identily 1he document, state how and rvhcn i1 passed ou1 of'existenoe, or when i1 oan no

longel be localed. and tl.e t'easons fol disappearance. Also, identily cach pet.son having
l<rtowledge alout the disposition or loss, alld idenlily each dooument cvidenoing the existenoe or

non-exislcnce o1'each clocument tllat cannot be located.

II.

DEF'INITIONS

The I'ollowing definilions shall have the following meanings uuless the context requilcs
othelwise:

r(Painliff

2.

('Defndant",

3.

"Document" or "l)ocurnenls" means all written, typecl, ot pr.iuted ntatter.and all

' means the PlainLild

as se1 lbl.th herein above.

"You" ol "Your'' means Susan I'lawk, lndividually.

rnagnetic ol other leoords ol doouurenlalior.r ofany kind or description (including,

without limitatiol., lelters, corlespondencc, telcgrams, mernoranda, notes,

r.ecor.ds,

minutes, col'ltracts, agLeeDlents, recol.ds ot notations oltelcphone or personal

conversations, conlirences, inter-office communications, e-nails, nicr.olilm, bulletins,

ciroulals, pantphlets, photoglaphs, video, facsimiles, invoices, tape reoor.dings, cot.t.tpuler

print outs, and wollt shccts), including dlafts and copics not ideritical to tlre originals, all
photographs and glaphic nlatters, l'towever produccd or.r.eproduced, all compilations of
data l'om which inlbrmation can be obtained, and an1,

1d

all writings or recor.dings of

any lype or ta1ul:o, in your zrclual possession, cLlstod)/, or.control, including ll.rose in lhe
posscssion. custody, or cor.ttt'ol ol'any and al present or lr'ncl' clit'ccl.ot s, ol'1ccrs.

eurployees, consultants, aocoLultal.ts, attorncys, or. other agents.

l'jlintifl:s'r-ilst lequcsl f'ol PtodLrction to

Dcl-endanlt

p@

llI.

NO].ICE OF IN'I'ENDBI) US OI.'M,,{TII{L,{LS/OCUMIl\1'S PROUCEt}

Plcasc le advised that Plainlifl' intends to use tho r.natcrials and/ol dtcuments produced

by Yclu in response

Lo these Req-ests

for Ploduction at subsequent ploceecings n ths

casc,

inclttcliug, but not liritec to, depositions, healings, including sulnulary juclglrent heatings,
any, and

aL

iI

lr'ial.

IV.
Plainliff

I.EOUI'ST' i'OR PIIODUC'rION OIl DOCUMLNI'S

AND TANGII}LI TI.IINGS

I^equests 1l.rat

lhe l)e1ndant produce any and al) of the lequcsted documents and

tangible things, as 1l.rey are kepl in the oldinaly couse of business ot seglegaled according to
each recluest,

lbl inspection, copying, phologlaphing, ol videotaping, within lliy (50) days after

selvice of l.hese rt:quests. or storter time as ordered by the Cour.t.

RIIOUIIS'I'FOI PRODUCTION NO. I:

Copies ofall nreclical leports and/ol lecolds ofany doctor. olinic, hospital ol health cale providcr'
concetnng any treatl.lent or exa:Iination l.eceived by you during the lasl twelve (12) months. ln
thc alternative, please sign the meclioal authorization attacl.red her.e1o.

IESPONSD:

Iti

Mark A. I{ane
rnark@ pulshanc)r. corn

W. Kelly Puls
State Bar No. 16393350
keiIy@puIshancy.oorn

PULS HANBY, P.L.L.C.

300 Burnett Street, Suite 160
F-ort Worth, Texas 76102
'felephone: (817) 498-991
1

Telephone: (817) 338-17 17

Facsimile: (817) 332-1333

ATTORNEYS FOII PLAINTIFFS

Plaintil' First Request f'or Production to Defendant

Page 4

u't-Hott7-^l'toN FoIt

lt

RILtsll oF

Datcs ofServices:

Patiert
Datc ofIlith
Social Sccuity No,

I, thc undcrsigncd, authorize

releaso, or allow access to for fhc purposc
_to
ofnakingcopics,anyandallinfo.,nu@tlimitedio,historyandpltysical,operativc
reporls, labolatory and pathologr rcpots, consultafion rcporfs, dischargc sun-rmaries, ancsthesia rccord;,
ope'raiive notes, x-ray
shcots, all billing ad paymgnf infomation, and any fulher or additional
infomrtion included in hishe rnedcal and/or billirg rccords. I am hircby icquesting thc releas oranynd
all ofmy medicai
tccords, as may be rcquested, to my aflorncys listed above. llis information is ndcd ir conncction rvithiny
legal representation,
irvcsligalion, and/or prosccutior of B claim.

rcpols artd/or imagcs, cmcrgency ootn records, face

Thc abovc dcscribcd infonnalion is fo be relcascd lo thc law frn ofPuls IIancy, P.L.L.C, ofFort Woth,ltxas
?6102. I
ulldcrstand fhat the rccords are conficlonlial ald cannot bc discloscd without fhis u,riifcn aulhorization, exccpt
when othcrwisc
Pcrmitled by law. Inforlnalion uscd or discloscd pursuant to tlis aufhoriz:tiou may be subjcct ro relisclosurc by thc recipicnt and
lo longct protcctcd l undersfand fhat thc specilic information 10 be rclcased nraynclude;buf is not Iimited to;
history, diagnoses,
a,nd/or lrcatmcnt of drug or alcohol abusc, nrcntal illness, or communicable distasc, inciuding
lluman trnmunoacficiencf virus
(IlV) and Acquired Inllunc l)cficiency Syndromc (AIDS).

I undctstand flt tctmcnt or Payment cannof bc corditioncd on my signing fhis ruthoization, excapf ir cclain
circulrslaocs such as for palicipalion in research programs, or authoization oftlc rlea ofrcsting rcsulls
for pre-employmcnt
purposcs l undorstand fhat I ay revokc fhis autlorization in uriting at nny timc exccpt lo thc cxtent-that action
lias been talen in
rcliacc upon fhc authoriztion. I understand I nuy bc chargcd a rcasonabl retrievaUpiocessing fce and for copies
oflhese rccords
according fo npplicable law oftho State ofTcxas.
TTIE 1EXAS }IEALTII ND SAFDTY CODE, SEC. 18I.I54 - HB
(Requircd Disclosure)

3OO

Ilccausc our lw firm gathors, storcs, nnd clectonically fransmits rncdical rccords (Protecfcd l{calth Information
B
rvc arc requircd to post a notice fo clicnfs that their protccted hcalth infonation is subjcct 10 eloctronic
disclosuro.

Plll),

Texas and Irederal Law prohibits sny clccfronic disclosurc ofa cliont=s protectod hcalfh infonnatioD to
any pcrsor without
a separatc aulhorization fom fron the clicnt for each disclosuc, This authoization fo disclosurc may be
madc in wriffcn o
electonic fomr or ir oral form ifil is docunlcnted iD tvriting by ou larv firm.

l'fie aulhoriztion fo olcclronic disclosurc ofprofcctod health information dcscribed above is not roquired ifthc disclosure

is madc: lo aDolhc covcrcd ontity, as thal ferrn is delinc by Seclion 181.001, or to a covored

cntity, as lhal tenn is dcfined by socfioD

602.001' Insurance Codc,- for.lc purposc of: lreatmcn; payrnent; healihcare opcrations; pifonning an insurancc
or hcalth
malnlcnance organizatioD tlclion dcscribcd by Scction 602.053, Insurancc Code, or as otherwiso arthorizd
or rcquirod by statc or
federal law. In other words, no furlhcr rolcase is nccessary for electroic dislosuc to other hqlllh carc proJiders,
insurance

company, govcrnntcnfal agencigs, or dcfcnsc lawyers rcprcserting advorsc partics.

unless

of

lhis aulhoriztion rvill

herwisc srecifed.

cxpiro fwo ycars from tho date ofsignatue unlcss the authorizalion is rcvokcd
Drior fo dral tiro or

Signcd:
Printed Nac
lclalionshil to l,aticnt:

C:ruse lo-

CINDY STORMEII, INDIVIDUAI-I,Y

ON BEIIALF OF
TI{E S'TATB O'TI'XAS
,,TND

IN 'IJIT DISTIIICT COUIII'OF

$
$
$
$

VS.

DALLAS CRIMINAL DISTRICT

ATTORNEY SI.]SAN HAWK

JUDICIAL DISTRICT

I)AI-I,AS COUNTY, TIXAS

PLAINTIFFS' FIIIST SET OF INT'EIIIIO(;ATORINS TO DEIIII,NDANT

'IO:

l)cl'cndant, DALLAS CIIIMINAL DISI'RICT AI'TOIINDY SUSAN HAWK

NOW COMIIS Plaintiff in the above-styled and rrumbeled cause and, pulsuant to llule

197 ol'Lhc'l-exas Rulcs of

Civil Proccdule,

serves the l'ollowing lntetrogatolies on the Defendant,

Dallas Climinal Dist'ict Attorncy Susan I..lawl< as set 1'or.th below:

I. INSI]IUCTIONS
You ale notilied that Plaintill lequesls tlrat, witliin fiI'ty (50) days alier the setvioe ofthese
lntelrogatories, or sllorter time as Oldered by the Coult, Defendant must sefve answers to eac]r ol'
1he

intcrrogalolie s set 1r'th below.

Objeotion based on Asserted Privilege. Pursuant

to'l'lCl, Rule 193.3(a), for.eacb

documettt ol'other requeslr:cl inlbmration that you assert is privileged flom discover.y, please state

in

tespotrsc

to a partioulal inlcn'ogatoly:

(l)

that inl'olmatiol] or malerial lcsponsive to

1he

intelrogatoly has been withheld; and (2) the pr.ivilege or.privileges asscrted.

2.

Icsponsc. Putsuanl to 'l'l{CP I{Lrle 197.2(a), thc Dcf cnclurt must answc

ercir

irlterrogtory sepal ately, frlly, in wriling, and under oath, aud selve such rcspollses on Plaintifl's

PlairtiJls' I:.rst Sct of Iicr:r,rgaros t,i;f'"r,1",1

-i,s.

ttorne)s not rtcr than

lily (50)

dys altei'selvice 01'these interrogatolies, or slroel time as ol'dcr

by the Coult,

II. DEFTNITIONS
Tlie llowng clclinitions shall have the following mcanir.rgs as used in this lirst set oI
intellogatolies, unless the context l'oquiles othetwise:

t.

"Plaintif'

2.

"Defendant," "Yolr" or "Your" r.neans tl,e l)efenda:rt set fbrth abovc in the slyle of

or'

"Plaintifls" means the Plaintil, as set lbrth herein above.

the case.

As used hercin, the term "lncide:rt" shall mean the incident nrade the basis of this
suit.

4.

As used helein the ternr "ldentify" or "ldentification" shall mean to provicle the
naures, addresses, and Lelephonc nurnbers

ol'the individuals or the nane, addless,

phone numbers and plimaly colltact persons f'ol the entities iuvolved.

lf

an

indivichral or cmployee is no lougel employed by you or any ofthe enlities included

in a response is no longer doing wolk with you pleasc plovide, in addition to thc
othcr lcquested inlblnalion, the last known addless and/or phone nurrbers.

III.
Putsuant

lawk, is uudel

DUTY TO AMI'ND OR SI]PPI,I4MENT'

to I-ICP Rule 193.5. the Defendanl, Dallas Clinrinal District Attolney Sr:san

a duty 1o amend or supplement heL answers to inlen-ogatolies that ale iucon.rplel.e

ol incorrect whcn made,

or', alltough cotnplete and correct when madc, are no longer complele

and cttrLeot. Delrldani musi amend or supplernenl hel answel's t easonably

pt

omptly

aJler'

discovering 1he neccssily fol such amerldment or.supplement.

l)intili!'

l.'ir':j1

Sct ol' INtcrroililories to i)1rdnl

-P.g;t

TV. INTEIIII.OGATORIBS
INTERROGATORY NO.

1:

For each doctor, hospital, clinic, or other health care provider by whorn ol at which you have been treated or
examined dLrring the last twelve (12) rnonths imrnediately preceding the receipt of these wriften

Interlogatories, please state :

(a)

(b)
(c)

the name, adclress, and telephone nurnber of each person or irrstitution;

the date upon which you visited each such person or institution; and
the specifc reasoll for which you were treated ol examined by or at each such person or
institLltion.

ANSWBR:

Respectfully su

State Bar No. 08908480

ntark@pulshaney.com

W. Kelly Puls
State Bar No. 16393350
kel ly@pulshane),. conl

PULS HANBY, P.L.L.C.

300 Burnett Street, Suite 160
Fort Worth, Texas 76102
Telephone: (81 7) 498-991 1
Telephone: (817) 338-17 17
Facsimile: (817) 332-l 333

ATTORNEYS FOR PLAINTIFFS

Plaintif

' liirst Sct of'lnterrogatorics to Dcf'cndant

Page 3

INI'onpln'ltoN Sgnrr'

Crrrr , Cnsu
(l,rusr,: Nutn'.1 (roR (r.ERt L'st o^,Lt,)i

(l<rullt (t,oR (r.ERt( usE oI't,t'):

Slvr.l.:o
(e.g., John Srrrth v.

thc tirnc
c

l.

All Antcricart lnsttancc

o; In re Mary rrr: Jurres; r llc Mal(cr ol lhe ljstalc o1(corgc Jckson)

olfili

Contact information for pcrson comlctins case informatior shect:

Names ofparties in

cse:

l-

Person or cntity complctinq sheet is:

l^ttorncy

f'or

l'laintif?l'ctitoncr

lP ro Se Plaintil'f/Pctitioncr
lTitlc lv-D Agcncy
!othcr:

Aclditional Partics in Child Supporr Casc:

Dcfcndant(s)/llcspondcnt(s)

Custoclial Parcnt:

Non-Custoclial Parcnt

Prcsunrcd l.-athcr:
{41(ch addlioill pgc

2. tndicnte d.ase tvpe, or identifv the most imDortnt issue ln the ctse kelect onlv

ncccssry to list nll

prnicsj

l)t
Fanilv l.aw

Cvl

Post-judgment Actions

lniurv or Drnape

Contract
Delt/Contrutl
EConsunrcr/DTPA

EConstmction

EDcbr/contract

IDcfarnation

!
!

l-lAssau ltlBattcry

Frau<l/M isrepresentation

Othcr l)cbt/Contract

!
I
!
!
!

EOthcr

Dornain/
Condcrnnation

LlAnulrnent
! Dcclarc Marriagc Voitl
Divorce
Iwith chitdren

EPartilion
nQuier Title

l-lAccountiru

!Trcspass to Try Titlc

!Lcgal

!Othcr

ENo childrcn

Proporty:

!Othcr

!
!

Mod

f cat

on--{'ustod y

Modifcation-Other
Title IV-D

[-l Enforccrnont/Modifi cation

!Rcciprocals (UIFS^)

Profcssional

Isupport

Liability:

lo'eclosrrc

(non-Title IV-D)
llEnlbrcement

!Paternity

IMcdical

Iquity-lxpcrtitcil

Ordcr

Rclatcd to Crlmlnal

lranchise
lnsrrance

I.antllortli'fcnant
Non-Compctition

!Prcrniscs

IPartncrship

!Other

Marriase Relationshin

lllmincnt

vfolpractit'c

l'-oreclo.ure

I'lonre

Rcal Proocrtv

Mtters

Moto, Vchic'lc Accident

Pnrlut'r Liuhilty
!Asbcstos/Silica

nOther Product Liability

Contract:

List Product:

Other Familv Larv

llxounction
flJudgnrent Nisi

l-llnlbrcc Forcign

ENon-Disclosurc

!Habeas Corpus

Child

!Name

flChild

Judgmcnt

Seizure/Forfeiture

Ewrit

of' llabcas

Corpus-

Pre-indictmcnl

Iothcr

!Orn.-L ftr.,,ry," n,un,rg"'

Prcnt-Child Relatonshln
lAdoption/Adoption with

Change

IProtcctive Ordcr
!Rcmoval of Disatilitics
ol-

Minority

Termination
Protecrion

!Gestational Parcnting
IGrandparent Access

!other:

Supporr

ICustody or Visitatior
Parcntage/Patcrnity

!Temrination of
Bmnlovnrcnt

Discrirnination

DRetaliation

!Administrativc Appcal
!Antitrust/Unlair

nTcnination

Cornpetition

Workers' Compensation

EOthcr Employrncnt:

!Codc

Appraisal

Dclinqucncy

flOthcr'lax

Judgniont

Intollectual Property

s/ltt tas ta tc .4 d m i n i s t r t ion

Dcpendcnt A<Jmiristration

Pro bate/IYi

I
!

II

Indepcndcnt Adlninistratior
Estatc Procccdings

!Othcr

3. Indicate procedurc or rcmedv. ifapplicable (nuv select mote than I):

LlAppcal fi'om Municipal or Justicc Corrt
ll Declaratory JLrdgmcnt
! rbitrat ion-rclatctl
!Carnishrnent

IAttachmcnt

!Bill

of Rovierv

!Ccrtiorari
Class Action
4. Indlcate darnages sought

(/ not select

ifit

Probate & Menlul Heallh

LJ Cuardianship-dult
I Guartlianship-M inor

EMcntal Ilcalth

nothe.

ll

Prcj udgmcnt I{enrcdy

f-llntcmlcadcr

Protective Order
IRcccivcr'

ILicense

flscoucstration

!Mandarnus
!Post-judgmcnt
is a family law case).

Dh.nrpurnry Restlaining Ortlcr/[r

ITurnovcr

LlLess than $100,000, including clamagcs of'any kind, rcnaltics, costs, cxpenses, plc-judgmenl interest, antl attomey lees

tharr S l(X),(XX) iuxl non-nlonelrry rclicf

S 100, 000 but nonrorc thu $200,0011
IOvcr.5200,000 but not mtro than S 1,000,000
!Ovcr $ 1.00tt,000

!l.css

lOvcr

Parent-Chil<t:

!Perpctuate'fcstitnony
flSccuritics/Stock

Tnx

flTax
!1'ax

!Othcr

!Larvycr Disciplinc

Violations

!Foreign

Parcntal

Rights

Other Civil

unctiorr