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Motion to Vacate Pre-trial and reset it for January 13^th, Thurs Feb 3^rd, the 1^st Thursday.

Motion to vacate and re-schedule pre-trial for Thursday January 13^th at 1:30 pm

To the prosecutor all parties and counsel: Be advised: At the venue indicated in the caption above or at such other time as the court may designate, I will ask the court to vacate pre-trial and reschedule for Thursday 13 January 2005 at 1:30 pm.

I, Jason Lisle, hereby waive my right to a speedy trial. I request this continuance in good faith in order to permit me to develop my defense.

Signed: Jason Lisle ___________________________ Date: Thursday, November 18, 2004

I, Douglas Palaschak, declare the following under penalty of perjury: I talked to Detective Billy Springer some days ago. I was surprised when Detective Billy Springer told me that their office would give us NOTHING without a court order. He said that they have a flexible standard. As reasons for their refusal to give us any document, Billy gave 2 reasons:

I have not been able to write the critical motions because the prosecution is withholding all the evidence in this case.

We suffer prejudice in this case if we do not continue this pre-trial conference. We have been hampered in our efforts to litigate this case. The prosecution has refused to give us any discovery items. Now, by the running of time, we face the possibility that we will be precluded from bringing these motions. This would constitute a denial of due process of law. Here is the rule that poses the problem. Our remedy is to vacate the pre-trial date and re-set it.

Sec. 2. When a criminal case is set for such pre-trial hearing, any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown; provided that the defendant shall have sufficient notice of such hearing to allow him not less than 10 days in which to raise or file such preliminary matters. The record made at such pre-trial hearing, the rulings of the court and the exceptions and objections thereto shall become a part of the trial record of the case upon its merits.

I am not ready for a pre-trial conference. I don’t know the test results of the chemicals that were found at the crime scene. The prosecution has refused to provide any Exculpatory Evidence. I have 6 or more motions to present.

The prosecution suffers no prejudice by this proposed continuance. They created the problem by refusing to provide even the most rudimentary elements of discovery. They did not even respond to our written request listing the particular items of discovery that we desire.

I, _________________ , declare the following under penalty of perjury: On (date)_________I personally delivered this motion #6580 to the office of the prosecutor. Thereafter I filed it with the court clerk

Appendix: Statement of the Case by Douglas Palaschak - subdocument #6571. Version 1.

The facts in this case are not clear yet. Discovery has not been completed. So far the facts sound like an episode of the Dukes of Hazard. We have a grand jury indictment rubber stamped without a date affixed. They name the wrong day (and the wrong guy). The magistrate who signed the warrant works at the sand quarry. He is the brother of the sheriff - and, truth be told - we haven not yet seen a signed warrant yet. The affidavit for the warrant is not signed. Even if it were sign this affidavit is insufficient to justify a warrant. It accuses Jason of “slinging the dope” but nobody steps up to say that they actually saw Jason do anything. Since they have no quantity of methamphetamine that they can ascribe to Jason, they arbitrarily pick a quantity of 4 grams - which, I suspect, has more to do with the words in a statute than the reading from a scale.

1. Jason Lisle, the innocent falsely accused defendant, is a 26 year old union Journeyman electrician as is his father. Of the characters in this drama, Clint is the only one with a job and the only one who is not a crank user. On Saturday May, 2004, Jason was falsely arrested and falsely accused of manufacturing methamphetamine. On day of his arrest he was employed full time as an Journeyman union electrician. Jason is one of 2 children. Jason’s older brother has an engineering degree and is employed professionally as an engineer. Jason’s Mom, Dad, and brother all support him in this case. Jason’s fingerprints were not found on any of the glassware of the alleged methamphetamine laboratory parts. He possessed no methamphetamine.

2. Curtis Pitman is 29 year old incompetent amateur crankster/ chemist who is trying to learn to manufacture methamphetamine. On June 4, nearly a month after this instant arrest, Curtis exploded his Mom’s house in Hartburg killing a woman. This woman died a slow agonizing death. Burns covered all her body. She struggled for 3 weeks before finally expiring. Curtis went to school with Jason, Clint, and Amy. He was only a casual acquaintance to Jason. Jason is 3 years younger than Curtis.

3. Marvin Clint Shepard a/k/a Clint Shepard is apparently an amateur manufacturer also. On or about this date of this arrest Clint’s trailer exploded in order to hide evidence or by mere act of incompetent chemical engineering.

4. Malita Nagle rented the home where the May 1 raid happened. She was subsequently arrested.

5. Amy crooks is an unemployed manipulative crankster opportunist. She has no car and no job. She spent the previous night sleeping in a house formerly owned by Jason’s grandmother. Had she a car then Jason would not have had to drive her to the Malita Nagle house. She was romantically pursing Clint Shepard. That is why she was not there when Jason came to retrieve her at 2 pm. But for the manipulation of this destitute woman, Jason would not have been falsely arrested. It was her delay in returning from her tryst with Clint that cause Jason to be at the raided house at 8:15 pm when the raid happened. At that time Amy was on her way to the house, only to be intercepted by police and caught in possession of methamphetamine.

6. Magistrate Leonard Powell is an uneducated employee of a sand quarry. We do not yet know whether he signed the warrant or not. Leonard is the brother of Sheriff Powell which prevents Leonard from being a neutral and detached magistrate - which in turn voids any search warrant that he may or may not have sighed in this case. Even if he had been neutral and detached, the affidavit for the search warrant is insufficient.

7. Sheriff Powell is the congenial brother of Magistrate Leonard Powell. Jason’s parents met with Sheriff Powell on 7 May. He ordered the release of Mom’s car. He knew nothing about the warrant.

8. Robert Lunsford is a rogue deputy in the far south of the county. He is the driving force behind the raid. He wrote the defective application for a search warrant. Our copy is unsigned. The warrant is fatally defective and insufficient to trigger a search warrant.

On Saturday May 1, 2004 at approximately 9 a.m. Jason drove himself and Amy Crook to Malita Nagle’s home. He would eventually be arrested there later in the day. This house was then Malita Nagle’s house. They went there to visit Curtis Pitman and Clint Shepard who was a former schoolmate to Jason and others there. Curtis had been several years ahead of Jason in school. After 15 minutes Jason left leaving Amy behind. It rained that day. This was the first time that Jason had ever been to that house.

At 2 pm Jason returned to Malita’s house but Amy was not ready to leave. Jason departed.

Jason returned at around 8 pm to pick up Amy but Amy was not there. Curtis Pitman was there. Jason was only in the living room. He was never in the kitchen, the bathroom, the bedroom or any other room until the police arrived. Curtis Pitman told Jason that the police were coming. Jason then went into the bathroom to look out the window to see if Curtis was playing a trick on him.

The police arrived at Matila’s house around 8:15 pm according to the report of Deputy Threadgill. Police entered without a warrant and found the paraphernalia and other equipment that the police characterized as a meth lab. Jason, having never been in the rooms where the equipment was found (until he looked out the bathroom window to see the police car), had no prior knowledge that there was a meth lab in his very midst. Jason was there to retrieve Amy; he had dropped her off there 11 hours earlier on this rainy day.

After the raid the police were looking for mechanical defects and other reasons to detain motor vehicles on the road to Malita’s house. This is standard procedure when police suspect drug activity but have insufficient evidence to search the car or obtain a search warrant

Amy was on her way back and would have met Jason had she not been stopped and arrested for possession of an illegal drug.

The prosecution has not provided us with any information on what happened to the several other people arrested that day.

The prosecution has not provided us with any test results indicating that the chemical in Malta’s house was indeed methamphetamine.

Clint Shepard’s mobile home exploded around the same time that Jason was arrested on May 1. A logical conclusion is the Clint Shepard and Curtis Pitman were manufacturing. Jason, their high school friend, had a full time job. He was no involved in the manufacturing.

On Friday May 7 the sheriff released Jason’s Mom’s car. Clint had been driving it the night that he was arrested.

On Friday May 7 Jason’s Mom and Dad paid a bail bondsman and obtained Jason’s release.

On June 3^rd , around a month after Jason and Curtis were arrested, Curtis’s Mom’s house exploded killing a woman. Curtis was there at the time his Mom’s house exploded.

On Friday September 17 Jason went to docket call. He was given a paper memorializing his indictment by the grand jury for violation of section 481.112 of the health and safety code, namely - manufacturing Meth on May 2. Jason was in jail on May 2; he did not manufacture meth in jail - or anywhere - on May 2.

Curiously the indictment bears no date. What tribunal performs a solemn function and then memorializes it without a date? The signature appears to be a rubber stamp. This scenario cries our for more investigation. We will be asking for a transcript of the grand jury proceedings.

Sometime around September 17 we received in discovery an application by Robert Lunsford, a peace officer for a search warrant. The application is undated and unsigned. The application is insufficient to justify a search warrant. The defects are so numerous that we have put them into an appendix.

We believe, on the basis of the documents that we have received, that there was no search warrant.

Magistrate Leonard Powell is alleged by Jason’s dad to have signed the search warrant but we have no paper copy of the search warrant.

Leonard Powell is a full time employee of a sand quarry. He has no legal education and is not qualified to analyze or approve a search warrant.

Therefore the warrant, if any, is void ab initio. The deputies are not entitled to rely on a warrant from a Powell. They know that he is not a lawyer and not qualified to issue a warrant.

Although a 1995 Texas statute attempts to authorize a warrant by an uneducated person, we contend that the statute is void ab initio as a violation of due process. Jason is entitled to the judgment of a person trained in the law.

Jason is accused of a quantity between 4 and 200 grams. Jason did not have possession of any meth. Nonetheless, the quantity described is insufficient quantity to justify indictment.