Appendix to the State's Cross Appellee and Appellant Reply Brief, submitted to CSA prior to the June 2017 Appeals hearing.
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State's "Cross Appellee" Appendix

This file was posted online by the Court of Special Appeals media unit for the hearing on 8th June 2017. It is the State's "Appendix of Cross Appellee" and, although only containing documents which are officially "on the record" for the Court, some of the files had not previously been publicly released. The Appendix was compiled by the State to support the arguments in both parts of their combined Cross Appellee Brief and Reply Brief. The original file can be read or downloaded here, and the individual component files are linked in the table below.

Only 43 of the 148 pages were new to the public, the majority were memos to file recording the work of Chris Flohr, one of Adnan's attorneys in the first months after his arrest. Also a partial phone log for Flohr, the previously "missing" final page of a bill from Gutierrez' offiice, and 3 extra notes from Gutierrez' clerks, which actually demonstrate the team's failure to locate and serve subpoena's on the Track Team and which we had already seen 5 slightly different versions of.

Limitations of the CSA Appeals

Only evidence that was presented at trial or which was presented (or debunked) at the PCR hearing in 2016 is on the official record. The CSA judges cannot consider any of the other issues that are now known about the trial evidence (such as those featured on Undisclosed Series 1) because they have not yet been presented to a Circuit Court Judge or Jury. Each side gets to present Briefs and Appendices of those files which particularly support the Briefs, but the Appeal Judges can look go beyond that and look at anything from the official record.

Similarly the specific points which can be argued about are limited.

"Missing" documentation

Altogether four new Briefs were submitted to CSA in 2017 (1 2 3 4), and from the references used, each does appear to have an 100+ page Appendix. Only one Appendix was published, which relates to the State's combined Reply (to it's own Appeal) and Appellee brief (latter part is to Adnan's Cross Appeal). It is unclear why CSA decided to selectively publish only the record extracts intended to favor the State's case. Maybe it was a mistake, given the State's confusing mis-naming of that same brief as"Reply Brief and Appendix of Cross-Appellee" (the appendix was in a separately labelled and bound file), some evidence of the confusion is that the CSA "Highlighted Cases" web page mistakenly links (still, 4 months later!) to that same State's Brief where it should link to Adnan's (Cross Appeal) Reply Brief, so Adnan's brief is not published by CSA at all. This State's brief and appendix presented new "facts" which have not currently been judged by the Circuit Court so it is not clear to what extent CSA will be able to make any judgements that relate to them, except if they choose to refer the case back to the Circuit Court, although that request had been made earlier and separately by the State.

Within this State's Appendix there is another possible mistake, or a deliberate withholding of pages. There is an unexplained four page jump in the file between App-111 and App-116 (pdf page numbers 115 and 116).

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Index of individual documents

There are 104 documents included (or pages extracted from documents) in the Appendix. New pages or files are highlighted, otherwise the links will open another copy of the same file, as duplicates have not been uploaded. If our version of the document was longer, the pages used in this Appendix are shown in the final column. The App-XXX style references were used in the CSA briefs, and the A-XXXX and B-XXXX references are from the 2016 PCR hearing. Rough transcriptions of the handwritten Flohr memos and the Track Team notes by Gutierrez' team, have been added into the files so the contents are now searchable.


Orig. page
Reference
used here
PCR reference
Description and link
Date (doc. or subject)
New Pages?
1
--
--
Front cover and Table of Contents
01 May 2017
--
5
App-001
--
State's Conditional Application for Limited Remand
22 Aug 2016
--
44
App-040
--
Asia McClain's first letter, handwritten
01 Mar 1999
--
46
App-042
--
Asia McClain's second letter, typed
02 Mar 1999
--
49
App-045
A-0008
Urick Disclosure letter to Gutierrez
08 Jul 1999
p2 of 2
50
App-046
A-0150
Memo from Ali to Gutierrez. Interview with Adnan's brother
21 Aug 1999
p1 of 3
51
App-047
A-0153
Memo from Kali to Gutierrez. Interview with Adnan
25 Aug 1999
--
52
App-048
A-0154
Adnan- account of Jan 13 1999. Not dated but note is mentioned on Kali memo of Aug 25 1999
25 Aug 1999
--
53
App-049
A-0191
Memo from Kali to Gutierrez. Interview with Adnan
12 Oct 1999
p3,4 of 4
55
App-051
A-0234
Memo from Kali to Gutierrez. Interview with Adnan
01 Jan 2000
--
57
App-053
A-0261
Defense task list. Typed and dated 4 Sep, multiple copies with additional handwritten notes
04 Sep 1999
--
63
App-059
A-0353
Davis record of first interview with Stephanie. Also see App-135
03 Oct 1999
p3 of 3
64
App-060
A-0359
Davis note of interview with Jay Wilds
03 Sep 1999
--
65
App-061
A-0360
Davis notes about Haes memorial service
11 Mar 1999
--
66
App-062
A-0369
Billing for Cristina Gutierrez and Mark Martin, attorneys. Dated August but covers April to June 1999
08 Jul 1999
only p3 is new
69
App-065
A-0374
Billing for Andrew Davis, Private Investigator. Work under Colbert and Flohr. Covers March 1999
31 Mar 1999
--
70
App-066
A-0516
Phone log covering 2-10 Mar 1999. Chris Flohr's handwriting
02 Mar 1999
new to public
74
App-070
A-0520
Memo, Flohr to file. Visit to Adnan
19 Mar 1999
new to public
76
App-072
A-0522
Memo, Flohr to file. Transcript order
01 Mar 1999
new to public
77
App-073
A-0523
Memo, Flohr to file. Processes to appeal a Bail refusal
02 Mar 1999
new to public
78
App-074
A-0524
Memo, Flohr to file. Investigator Frank Napfel
02 Mar 1999
new to public
79
App-075
A-0525
Memo, Flohr to file. Calls to a defense attorney and a private investigator
02 Mar 1999
new to public
80
App-076
A-0526
Memo, Flohr to file. Information about Psych Evaluations
03 Mar 1999
new to public
81
App-077
A-0527
Memo, Flohr to file. Listening to Bail Review tape
04 Mar 1999
new to public
82
App-078
A-0528
Memo, Flohr to file. Visit to Adnan
04 Mar 1999
new to public
83
App-079
A-0529
Memo, Flohr to file. Juvenile Issues - including Motion to Transfer Jurisdiction to Juvenile Court
05 Mar 1999
new to public
84
App-080
A-0530
Memo, Flohr to file. Calls about Adnan's medication
05 Mar 1999
new to public
85
App-081
A-0531
Memo, Flohr to file. Visiting Adnan
06 Mar 1999
only p2 is new
87
App-083
A-0533
Memo, Flohr to file. Bail Re-Review, record of calls made.
09 Mar 1999
new to public
88
App-084
A-0534
Duplicate of A-0534 - App-083. Not added to wiki
09 Mar 1999
--
89
App-085
A-0535
Memo, Flohr to file. School records.
10 Mar 1999
new to public
90
App-086
A-0536
Memo, Flohr to file. Calls about Adnan's medication
11 Mar 1999
new to public
91
App-087
A-0537
Memo, Flohr to file. Calls about Adnan's medication
12 Mar 1999
new to public
92
App-088
A-0538
Memo, Flohr to file. Visit to Adnan
12 Mar 1999
new to public
93
App-089
A-0539
Memo, Flohr to file. Call to Saad Chaudry.
12 Mar 1999
new to public
94
App-090
A-0540
Flohr's Notes of the Police Search of Johnnycake Rd
20 Mar 1999
new to public
95
App-091
A-0541
Memo, Flohr to file. Calls about Adnan's medication
26 Mar 1999
new to public
96
App-092
A-0542
Memo, Flohr to file. Home Detention
29 Mar 1999
new to public
97
App-093
A-0543
Memo, Flohr to file. Calls about Adnan's medication
29 Mar 1999
new to public
98
App-094
A-0544
Memo, Flohr to file. Judge Mitchell's request for Adnan's DOB
29 Mar 1999
new to public
99
App-095
A-0545
Memo, Flohr to file. House Arrest
29 Mar 1999
new to public
100
App-096
A-0546
Duplicate of A-0542 - App-092. Not added to wiki
29 Mar 1999
--
101
App-097
A-0547
Memo, Flohr to file. Postponement. Call to Asst State Atty
29 Mar 1999
new to public
102
App-098
A-0553
Memo, Flohr to file. Receipt of Records - Production of Defendant. Record of dealings with Judge Mitchell
31 Mar 1999
new to public
103
App-099
A-0554
Memo, Flohr to file. Call to Saad Chaudry.
31 Mar 1999
new to public
104
App-100
A-0555
Memo, Flohr to file. Calls to Nisha and family, Chaudry family, and other attys
01 Apr 1999
new to public
106
App-102
A-0557
Memo, Flohr to file. Videotape of 31 March Bail hearing
01 Apr 1999
new to public
107
App-103
A-0558
Duplicate of A-0554 - App-103. Not added to wiki
01 Apr 1999
--
108
App-104
A-0559
Memo, Flohr to file. Transcripts of hearings
05 Apr 1999
new to public
109
App-105
A-0560
Memo, Flohr to file. Calls about Adnan's medication
06 Apr 1999
new to public
110
App-106
A-0561
Memo, Flohr to file. Minutes. Call to Kenneth Norris
06 Apr 1999
new to public
111
App-107
A-0562
Duplicate of A-0560 - App-105. Not added to wiki
06 Apr 1999
--
112
App-108
A-0563
Memo, Flohr to file. Visiting Adnan
07 Apr 1999
new to public
113
App-109
A-0564
Memo, Flohr to file. Calls about Adnan's medication
08 Apr 1999
new to public
114
App-110
A-0565
Memo, Flohr to file. Court appearance on 14 April.
14 Apr 1999
new to public
115
App-111
A-0598
Handwritten note. P2. Defense strategy, post-bail hearing. No date or title. Must must be after 31 March but before 14 April as ASA Vicki Wash's bail arguments about Pakistani men attributed to "Marshall" are mentioned but Harry Marshall's identity has not yet been clarified.
April 1999
new to public
--
App-112
to App-115
--
There appear to be four pages missing from this copy of the Appendix.
--
--
116
App-116
B-0138
Detective Ritz notes of Nisha interview
01 Apr 1999
p1,3 of 7
118
App-118
B-0191
BPD notes of Inez Butler Hendrix interview
23 Mar 1999
p1 of 6
120
App-120
B-0247
BPD notes V Madison, school library
24 Mar 1999
--
122
App-122
B-0251
BPD notes C Metzger, school library
24 Mar 1999
--
123
App-123
B-0293
Cover sheet Ja'uan interview
20 Apr 1999
--
124
App-124
B-0294
Handwritten notes, Ja'uan interview
20 Apr 1999
--
125
App-125
B-0295
Hand drawn map BestBuy and parking area (presumed to be drawn by Ja'uan)
20 Apr 1999
--
126
App-126
A-0004
Letter from Gutierrez to Judge Quarles on Urick's failings in discovery
07 Jul 1999
--
129
App-129
A-0007
Amended state's disclosure date stamped 8-7 and 10-7 (response to 7-7 letter from CG)
08 Jul 1999
p1 of 2
131
App-131
A-0189
Memo from Kali to Gutierrez. Interview with Adnan
12 Oct 1999
--
135
App-135
A-0350
Davis record of first interview with Stephanie. Also see App-059
10 Mar 1999
p1 of 3
138
App-138
B-0133
Typed BPD interview with Ja'uan
20 Apr 1999
--
139
App-139
A-0195
Defense attempts to contact and subpoena Track Team. Multiple copies of typed memo (Kali to Gutierrez) with undated handwritten notes.
16 Oct 1999
only p1,7+8 of 8 are new
147
--
--
Back cover
01 May 2017
--