(the most recent are towards the end) Evidence regarding 104 Heather Lane, Crockett, Texas 75835 Overview

Evidence putting the suspects in control of the house at the time of the discovery that show control of the home within the two year statute of limitations of Penal Code 42.09, the exact date of the death of all of the cats is not yet been determined:

1. City Water connection in their name and current in payment.

2. Yard was regularly maintained by the suspects.

3. Mail addressed to the suspects was being delivered and collected on a daily basis.

4. The house was locked when Mrs. Barney first arrived (April 3, 2003) to begin repossession. The suspects are believed to be in possession of the keys.

5. The Texas Drivers License of the male suspect lists the 104 Heather Lane address as his residence. DL #06438944 .

6. City of Crockett Refuse Control has a signature of the male suspect accepting a registered letter at the residence on April 12, 2002.

Detailed account by date:

1. The City of Crockett Water Department records indicate the connection was in the name of Frank (Rusty) (age 48) and Nelda Callier (age 54) (936.546.5799) until April 15,2003. The police department was furnished water usage records and was made aware of the name in which the connection existed as of April 15, 2003). Water service was disconnected April 15, 2003 by the city.

2. The United State Postal Service delivered mail addressed to the Calliers' at least until April 18, 2003. The delivery of mail was videotaped by Channel 56-Tyler and Channel 3 Bryan on April 16, 2003 and Channel 7 - Tyler on April 17, 2003. One piece of mail delivered was from First National Bank-Huntsville, addressed to Nelda Callier. Neighbors told media that the Calliers' collected mail from the residence on a daily basis until the recent media exposure that began April 16, 2003.

3. The Courier learns that Frank (Rusty) Callier is employed by a local business, Ampacet (936.544.4043)

4. The City of Crockett Refuse Control Officer, Richard Tedford (936.544.5156) sent a notice to the Calliers' on April 10, 2002 regarding uncontrolled growth of the yard as being a violation of the city ordinances. The registered letter was sent to Frank Callier Jr. at 104 Heather Lane and signed for by Frank Callier Jr. on April 12, 2002.

5. The Calliers' closed the purchase of their current home (the former home of Mrs. Mary Wootters who passed away Dec. 21, 2000 and who was cared for by Nelda Callier before her death) at 405 E. Bell, May 17, 2002. Information obtained from the Houston County Appraisal District. (I have a copy of the warranty deed)

6. The local phone directory (Southwestern Consolidated Directory, Inc.) located the Calliers at 104 Heather Lane in the 2001 edition and at 405 E. Bell in the 2002 edition. (Note the book is distributed early in each respective year).

7. The last payment made on the house at 104 Heather Lane was made by the Calliers on _________. (contact Patsy Barney 544-5414)

8. Nelda Callier was known in the world of show cats and was awarded the International Cat Associations' 11th Best Household Pet of the Year Award in 1996 for Little Miss Stake. The show journal is available from Dr. Sandra Grant, Raleigh, North Carolina.

9. The last litter of kittens reregistered by the Calliers with TICA (The International Cat Association) was __________. The Calliers' last known participation in TICA cat shows was, according to TICA attorney Lauire Schiff of California, was about 6 years ago. The exact date is hopefully forthcoming.

10. The local electric company, TXU, shows disconnection of electric service at 104 Heather Lane by the Calliers on __________.

11. Centerpoint Energy (formerly Entex) shows disconnection of gas service to the home by the Calliers on _______.

12. Patsy Barney, Century 21 Real Estate (544-5414) was given possession of the house by REO World, representing Chase Manhattan Mortgage, for repossession action. She entered the house on April 3, 2003.

13. Patsy Barney called the police and was told on the telephone by Officer Walter Standley "nothing could be done about the situation."

14. Patsy Barney contacted a reporter at the Houston County Courier for help on April 4, 2003, the reporter, Daphne Hereford, was off work as a result of illness.

15. Houston County Courier reporter returned to work on April 9, 2003 received Mrs. Barney's message, contacted her and then contacted the Houston County Sheriff's Department on April 9, 2003 to schedule a meeting with the Sheriff.

16. Patsy Barney and Courier reporter met with Sheriff Darrell Bobbitt on April 10, 2003, 9 a.m. to discuss what could be done about the situation. Sheriff Bobbitt reported back to the Courier that he had discussed the issue with the County Attorney Donna Gordon and the statute of limitations had likely expired to prosecute the case.

17. The Courier reporter contacted City of Crockett City Administrator Bill Horn, (544-5156) April 14, 2003. After Mr. Horn's intervention, Officer Walter Standley was sent to the scene (April 15, 2003) to begin an investigation. Standley donned a hazmat suit, courtesy of the Crockett Volunteer Fire Department, and entered the home to photograph the contents. 18. City Administrator Bill Horn, County Health Officer Dr. Frank Smith (544-2157) and County Attorney Donna Gordon (544-3255 ext. 270) visited the crime scene on April 15, 2003.

19. The Houston County Courier breaks the story in an exclusive report on April 16, 2002. The paper was dated April 17, 2003, but was on the newsstands early afternoon on April 16, 2003.

20. The evening of April 15, 2003 the Courier reporter sends email to area visual media (ABC, CBS, NBC) regarding the story..

21. Visual news media arrives on April 16, 2003 that included Channel 56-Tyler (NBC); Channel 3-Bryan/College Station (CBS); and Channel 9-Lufkin (ABC).

22. The Courier contacts A&M University on April 17, 2003 for assistance in forensic identification of the time of death of the cats.

23. Additional news media arrived in Channel 7-Tyler (ABC) on April 17.

24. The Courier contacts the Houston SPCA (Ernie Angerstein) regarding an investigation on April 17, 2003.

25. Associated press International picks up the story from the ABC affiliates and distributes it across the "wire" on April 16, 2003 to major networks across Texas and the nation.

26. A TICA representative from Raleigh, North Carolina contacts the Courier on April 18, 2003 regarding the situation and what police are doing to prosecute. No charges have been filed on the suspects as of this date. According to reports on Channel 9, police have not yet been successful in making contact the suspects who live and work in the city. The Courier was able to contact the suspect Nelda Callier by telephone for an interview on April 16, 2003. Nelda in that interview said she didn't know anything about that (the cats) and she would have to talk to her husband about it. (See Courier article)

27. The Crockett Police Department places crime scene tape at the 104 Heather Lane address on the afternoon of April 17, 2003. (Video tape by KLTV-Tyler).

28. The house is sealed by Patsy Barney, Century 21, on April 18, 2003.

29. On April 20, 2003, through a protected source, the Courier learns that the address listed on Frank Calliers current Texas driver's license is 104 Heather Lane, Crockett, Texas.

30. The Courier contacted the Crockett Police Department and no arrests have been made in the case. Sources indicate the Police have been unsuccessful in contacting the Calliers for a statement. No charges have been filed.

31. Some members of TICA (Ft. Lauderdale, Florida and Raleigh, North Carolina) have indicated they will begin a letter writing campaign to encourage officials to take some form of action to insure there is some form of prosecution in the case.

32. A Courier staff member heard on the scanner that Officer Charles Holmes entered the Heather Lane address about 4 p.m. April 21, 2003 (possibly to look for forensic evidence to be supplied to Texas A&M University).

33. Courier contacts County Attorney Donna Gordon April 21, 2003 and is told the investigation is ongoing.

34. April 22, 2003 the Courier is told that samples had been collected by police officer Charles Holmes from the crime scene and being sent to Texas A&M University forensic lab for testing. Dr. George Beeler, DVM (544-2174) said he would enter the home and assess the scene and collect evidence. The County Attorney agreed to allow Dr. Beeler into the house on Heather Lane. An un-named source said the Calliers had retained an attorney. Another un-named source said that Rusty Callier at his workplace - Ampacet - was telling co-workers that he was not afraid as nothing could be done about the situation with the cats.

35. NBC 56 reported to the Courier that Officer Walter Standley told them in a morning phone interview on April 23, 2003 that the police had not been able to find the Calliers. Another network station, KTRE called the Courier about 4 p.m. on April 23, 2003 and said they were on their way to Crockett for a follow-up on the case. News briefs on ABC, KTRE indicate an update on the 10 p.m. news. Neighbors tell KTRE that the Calliers have cats at the Bell Street home but declined an on camera interview.

36. The Courier learns on April 23, 2003 that Dr. George Beeler will visit the crime scene but information is not verified.

37. April 23, 2003 The Palestine Harold Press runs a story that says samples from the crime scene have been sent to Texas A&M University. The article quoted County Attorney Donna Gordon as saying the number of cats found in the home was 20-50 (witnesses on the scene on April 15, 2003 overheard Officer Walter Standley upon his exit in the hazmat suit say, "I lost count at 53 between the kitchen and living room. There are at least that many in the other rooms."). Visual news media representatives are encouraged to keep footage of the scene to verify the number of animals involved. In a telephone interview April 24, 2003 Ms. Gordon said she did not know when the results of the tests would be available. .

38. April 25, 2003 the Courier receives one letter to the editor concerning the situation with the cats and encourages law enforcement to continue efforts of prosecution..

39. April 30, 2003 - Still no arrests or incident report (more than two weeks after police were first on the scene) from the Crockett Police Department. Sources tell the Courier that law enforcement is not happy with the on-going news coverage of the cat incident and that they do not wish to pursue the health hazard offense (Class C Misdemeanor) charges against the suspects. A Class A Misdemeanor could be filed in municipal court with one count for Each cat found. The police department has not yet provided the Courier with conformation that they have even made contact with the Calliers. The police department has not provided the Courier with any results from samples their officer collected that were sent to Texas A&M University. Police did confirm that the Calliers have retained an attorney. The courier receives yet another letter to the editor regarding the incident and the lack of action being taken by the department in the matter. The courier hears from an official in the police department that the investigating officer is Very unhappy with the Courier for pursuing the story. 40. May 1, 2003, Courier contacts Houston SPCA Ernie Angerstein. He says he turned investigation over to Jim Boller with no further information. The Courier has not heard from the investigator. Crockett resident contacts Houston Humane and forwards information to Patsy Barney and Courier. Bill Horn suggests Houston Humane make a written request to Police department to become involved..

41. May 2, 2003 Courier receives four letters to the editor from Oregon, Pennsylvania, Florida and Arizona which are published in the Sunday edition..

42. May 2, 2003, Courier contacts Sgt. Mark Timmers with Houston Humane regarding situation. .

43. May 5, 2003 the Courier left a message for Mark Timmers of the Houston Humane Society. The call was not returned. The Courier also heard from an un-named source that the letters to the editor were the result of the source's endeavors on several email lists. The Courier received three letters to the editor regarding the situation, which will be published in the Thursday edition. The Courier talked with the chief of police who said the Callier's were to be interviewed today (Monday 5-5-03) that his department had met with the County Attorney this date to discuss charges, and that they had not received any results yet from Texas A&M University. The Courier called the County Attorney's office and the County Attorney Donna Gordon was off for the entire day. We were told that the results from Texas A&M University had arrived late Friday last.

44. The Courier spoke with officials regarding the access to the scene by Dr. George Beeler and were told that they were not sure if he had in fact entered the property.

45. The Courier was told Monday may 5, 2003 by the police chief that only 28 cats were found dead on the property. The Courier reminded the chief that news video of the scene as well as eye-witness accounts of statements made by Crockett Police Officer Walter Standley on April 15, 2003 indicated, by his statement, "I Lost count at 53 in the kitchen and living room and there were at least that many in the three bedrooms. There are more than 100 bodies in this house." The witnesses who heard this statement by officer Standley include Bill Horn, Dr. Frank Smith, Patsy Barney and Fire Chief Darrell Deckard and Courier reporter Daphne Hereford.

46. May 7, 2003 - Channel 56 (NBC) came to Crockett today and interviewed the County Attorney regarding charges. The County Attorney, donna Gordon told reporters that her office had evidence and that a plea bargain might be issued in the case which would provide for no jail time and a fine for the suspects. The Police Chief issued a statement saying his office had investigated and turned the results over to the county Attorney for prosecution and were waiting for an arrest warrant to be issued.

Links:

http://members.aol.com/_ht_a/rintintinviii/catsmurdered.html http://www.kltv.com/Global/story.asp?S=1238455

http://www.kltv.com/Global/story.asp?S=1236899

Who To Email

Cindy Garner, District Attorney [email protected]

Bill Horn, city administrator and Wayne Mask, city Mayor [email protected]

Houston County Courier [email protected]

Jimmy Fisher, Police Chief [email protected]

I think it would also be worth contacting these people, since they supported the felony animal abuse bill:

Rick Perry Fax: (512) 463-1849

Manny Najera [email protected]

David Cain [email protected] Fax: 512-463-7202

Christy Lawrence, facilitator of NFPA's animal law chat- email: [email protected]

Also, The texas ranger in charge of the Crockett area 903-729-3124 florez