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The Trial

Summary

Trial Court Cause # F34688

The State of Texas v. Elmer Howard Whisenant, Jr.

In the District Court, Johnson County, Texas, 249th Judicial District


The trial was held over 20 days, May 17 - June 6, 2001, in the basement of the Johnson County Courthouse.


There were 14 indictments related to alleged incidents on four separate dates :

  • September 19, 1998
  • August 31, 2000
  • September 5, 2000
  • January 11, 2001


Howard was convicted on 13 of the 14 indictments and sentenced to a total of 320 years in prison (serving concurrently = 70 actual years) and a $10,000 fine.


Official Trial Transcripts

Master Index and Pretrial Hearings

Volume 1 of 16

Volume 2 of 16

Jury Qualification and Voir Dire Examination

Volume 3 of 16 

Opening Statements and State Witness Testimony

 Volume 4 of 16

Volume 5 of 16

Volume 6 of 16

Volume 7 of 16

Volume 8 of 16

Defense Witness Testimony

Volume 9 of 16

Volume 10 of 16

Volume 11 of 16

Rebuttal Witness Testimony

 Volume 12 of 16 

Closing Arguments and Verdict

 Volume 13 of 16  

Punishment Phase and Testimony

 Volume 14 of 16  

Trial Exhibits

Volume 15 of 16

Volume 16 of 16

Indictments

September 19, 1998

September 19, 1998

September 19, 1998

Count #1 - Aggravated Assault - fist

Sentence: 20 years in prison

September 5, 2000

September 19, 1998

September 19, 1998

Count #14 - Aggravated Assault - fist

Sentence: 20 years in prison

Fine: $10,000

August 31, 2000

January 11, 2001

January 11, 2001

Count #2 - Aggravated Assault - pool cue

Sentence: 20 years in prison

Count #3 - Aggravated Assault - foot

Sentence: 20 years in prison

Count #4 - Aggravated Assault - cord

Sentence: 20 years in prison

January 11, 2001

January 11, 2001

January 11, 2001

Count #5 -Violation of a protective order

Sentence: 10 years in prison

Count #6 - Burglary of a Habitation: Unauthorized Entry

Sentence: 20 years in prison

Count #7 - Aggravated Assault - firearm

Sentence: 20 years in prison

Count #8- Retaliation: Aggravated Assault - hands/firearm

Sentence: 20 years in prison

Count #9 - Aggravated Sexual Assault - hands

Sentence: 70 years in prison

Count #10 - Aggravated Sexual Assault - firearm

Sentence: 70 years in prison

Count #11 - Unauthorized Entry of Habitation

Verdict: Not Guilty

Count #12 - Obstruction

Sentence: 20 years in prison

Count #13 - Obstruction - threaten with firearm

Sentence: 20 years in prison

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