REPORTER'S RECORD
TRIAL COURT CAUSE NO. 2011-CR-3682
STATE OF TEXAS VS. CALVIN LEE DAY
IN THE DISTRICT COURT
379TH JUDICIAL DISTRICT
BEXAR COUNTY, TEXAS
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TRIAL ON THE MERITS
JUNE 11, 2013
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On the 11th day of June, 2013 the following
proceedings came on to be heard
in the above-entitled and
numbered cause before the Honorable Ron Rangel, Judge
presiding, held in San Antonio, Texas:
Proceedings reported by machine shorthand.
Page 12, lines 16--25 & Page 13, lines 1 -- 5
"MR. DEL CUETO:
Thank you, Your Honor. You're
right. I do smell a setup, Your Honor, and I smell it from the
district attorney's office because I did not seek out the
representation of Laura Newcomb. She went to the district
attorney's office and she was
misinformed what the law was.
She asked Kirsta Melton in a meeting, What -- what if I don't
want to continue? Can I plead the Fifth? And Kirsta Melton
told her that only a defendant has a right to plead the Fifth.
And then she said, Well,
should I seek counsel? Can I get my
own private counsel? I'm sorry, Judge. And Kirsta Melton told
her, once again, it would cost you $50,000 and she discouraged
it.
So my client researched before she ever hired me
and found out that
both statements were a lie and she had a
mistrust of the district attorney's office at that point."