A senior judge in Anderson County’s 3rd District Court granted a subpoena for records from a court-appointed attorney, while limiting the scope to preserve attorney-client privilege, during a hearing conducted Wednesday, January 20, 2021.
The hearing relates to an Appeal by sixty-year-old Richard Gross, who was convicted and sentenced to 60 years in 2015 for biting a police officer on the ankle during an arrest.
Senior Judge Christi Kennedy, sitting by assignment, presided over last week’s virtual hearing, conducted via Zoom.
Presiding on the original case, and handing down the 60-year sentence, was Freestone County’s 87th District Judge Deborah Oakes Evans, with assistance to the prosecution by her son, current Freestone County Attorney Brian Evans.
Mr. Gross has filed an Application for Writ of Habeas Corpus Seeking Relief from Final Felony Conviction that cites, among other things, ineffective assistance by his court appointed attorney, Mark W. Cargill of Palestine, Texas.
A Writ for Habeas Corpus, as granted by the U.S. Constitution, is a protection against illegal confinement when due process has been denied. It is the final possible remedy for Mr. Gross, as he has exhausted his appeal.
Last week’s hearing regarded a Motion to Quash and Protective Order, filed by attorney Cargill, regarding a subpoena duces tecum issued by Mr. Gross’s attorneys, David Moore of Groesbeck and Brent Mayr of Houston.
A subpoena duces tecum is a subpoena that requires the witness to produce a document or documents pertinent to a proceeding.
Cargill was represented at this hearing by his attorney, Jeffrey Coe of Palestine.
The subpoena Cargill sought to invalidate included stored communication from the court-appointed attorney that referenced attorney Moore, Judge Evans, or prosecutor Brian Evans.
The court agreed with Cargill that the request is too broad, specifying that he release such records that specifically reference or allude to Richard Gross.
The judge also requested a copy of the file retention police for Cargill & Associates.
Judge Kennedy further order that, although not set forth in the subpoena, that attorney Cargill produce his entire physical file pertaining to his representation of Mr. Gross, whether at trial or on appeal.
Cargill has been give ten days to comply with these orders.
Also attending last week’s hearing was District Attorney Allyson Mitchell and assistant Scott Holden, representing the State.
